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-The Project Gutenberg EBook of The Origin and Development of the Moral
-Ideas, by Edward Westermarck
-
-This eBook is for the use of anyone anywhere in the United States and most
-other parts of the world at no cost and with almost no restrictions
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-Title: The Origin and Development of the Moral Ideas
-
-Author: Edward Westermarck
-
-Release Date: May 19, 2016 [EBook #52106]
-
-Language: English
-
-Character set encoding: ISO-8859-1
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-*** START OF THIS PROJECT GUTENBERG EBOOK ORIGIN, DEVELOPMENT OF MORAL IDEAS ***
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-Produced by Ed Brandon from materials provided by The Internet Archive.
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-THE ORIGIN AND DEVELOPMENT OF THE MORAL IDEAS
-
-
-[Macmillan icon]
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-MACMILLAN AND CO., LIMITED
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-LONDON . BOMBAY . CALCUTTA
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-THE MACMILLAN COMPANY
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-THE MACMILLAN CO. OF CANADA, LTD.
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-TORONTO
-
-
-
-
-THE ORIGIN
-
-AND DEVELOPMENT
-
-OF THE
-
-MORAL IDEAS
-
-
-BY
-
-EDWARD WESTERMARCK, PH.D., LL.D.
-
-
-MARTIN WHITE PROFESSOR OF SOCIOLOGY IN THE UNIVERSITY OF
-LONDON
-
-PROFESSOR OF MORAL PHILOSOPHY AT THE UNIVERSITY OF FINLAND,
-HELSlNGFORS
-
-AUTHOR OF "THE HISTORY OF HUMAN MARRIAGE"
-
-
-
-
-IN TWO VOLUMES
-
-VOL. I
-
-_SECOND EDITION_
-
-
-
-MACMILLAN AND CO., LIMITED
-
-ST. MARTIN'S STREET, LONDON
-
-1924.
-
-
-
-
-COPYRIGHT
-
-_First Edition_ 1906
-_Second Edition_ 1912
-_Reprinted_ 1924
-
-
-
-PRINTED IN GREAT BRITAIN
-
-
-
-
-PREFACE
-
-
-THE frequent references made in the present work, on my own authority,
-to customs and ideas prevalent among the natives of Morocco, require a
-word of explanation. Seeing the close connection between moral
-opinions and magic and religious beliefs, I thought it might be useful
-for me to acquire first-hand knowledge of the folk-lore of some
-non-European people, and for various reasons I chose Morocco as my
-field of research. During the four years I spent there, largely among
-its country population, I have not only collected anthropological
-data, but tried to make myself familiar with the native way of
-thinking; and I venture to believe that this has helped me to
-understand various customs occurring at a stage of civilisation
-different from our own. I purpose before long to publish the detailed
-results of my studies in a special monograph on the popular religion
-and magics of the Moors.
-
-For these researches I have derived much material support from the
-University of Helsingfors. I am also indebted to the Russian Minister
-at Tangier, M. B. de Bacheracht, for his kindness in helping me on
-several occasions when I was dependent on the Sultan's Government. All
-the time I have had the valuable assistance of my Moorish friend
-Shereef [(]Abd-es-Salâm el-Ba[k.][k.]âli, to whom credit {vi} is due
-for the kind reception I invariably received from peasants and
-mountaineers, not generally noted for friendliness towards Europeans.
-
-I beg to express my best thanks to Mr. Stephen Gwynn for revising the
-first thirteen chapters, and to Mr. H. C. Minchin for revising the
-remaining portion of the book. To their suggestions I am indebted for
-the improvement of many phrases and expressions. I have likewise to
-thank my friend Mr. Alex. F. Shand for kindly reading the proofs of
-the earlier chapters and giving me the benefit of his opinion.
-
-Throughout the work the reader will easily find how much I owe to
-British science and thought--a debt which is greater than I can ever
-express.
-
-E. W.
-
-London,
-
-_January_, 1906.
-
-       *       *       *       *       *
-
-
-PREFACE TO THE SECOND EDITION
-
-
-THE present edition is only a reprint of the first, with a few
-inaccurate expressions corrected.
-
-E. W.
-
-London,
-
-_July_, 1912.
-
-
-
-
-CONTENTS
-
-
-INTRODUCTORY
-
-The origin of the present investigation, p. 1.--Its subject-matter,
-p. 1 _sq._--Its practical usefulness, p. 2 _sq._
-
-
-CHAPTER I
-
-THE EMOTIONAL ORIGIN OF MORAL JUDGMENTS
-
-The moral concepts essentially generalisations of tendencies in
-certain phenomena to call forth moral emotions, pp. 4-6.--The assumed
-universality or "objectivity" of moral judgments, p. 6 _sq._--Theories
-according to which the moral predicates derive all their import from
-reason, "theoretical" or "practical," p. 7 _sq._--Our tendency to
-objectivise moral judgments, no sufficient ground for referring them
-to the province of reason, p. 8 _sq._--This tendency partly due to the
-comparatively uniform nature of the moral consciousness, p.
-9.--Differences of moral estimates resulting from circumstances of a
-purely intellectual character, pp. 9-11.--Differences of an emotional
-origin, pp. 11-13.--Quantitative, as well as qualitative, differences,
-p. 13.--The tendency to objectivise moral judgments partly due to the
-authority ascribed to moral rules, p. 14.--The origin and nature of
-this authority, pp. 14-17.--General moral truths non-existent, p. 17
-_sq._--The object of scientific ethics not to fix rules for human
-conduct, but to study the moral consciousness as a fact, p. 18.--The
-supposed dangers of ethical subjectivism, pp. 18-20.
-
-
-CHAPTER II
-
-THE NATURE OF THE MORAL EMOTIONS
-
-The moral emotions of two kinds: disapproval, or indignation, and
-approval, p. 21.--The moral emotions retributive emotions, disapproval
-forming a sub-species of resentment, and approval a sub-species of
-retributive kindly emotion, _ibid._--Resentment an aggressive attitude
-of mind toward a cause of pain, p. 22 _sq._--Dr. Steinmetz's
-suggestion that revenge is essentially rooted in the feeling of power
-and superiority, and originally "undirected," pp. 23-27.--The true
-import of the facts adduced as evidence for this hypothesis,
-pp. 27-30.--The collective responsibility usually involved in the
-institution of the blood-feud, pp. 30-32.--Explanation of it,
-pp. 32-35.-- {viii} The strong tendency to discrimination which
-characterises resentment not wholly lost even behind the veil of
-common responsibility, p. 35 _sq._--Revenge among the lower animals,
-p. 37 _sq._--Violation of the "self-feeling" a common incentive to
-resentment, p. 38 _sq._--But the reaction of the wounded
-"self-feeling" not necessarily, in the first place, concerned with the
-infliction of pain, p. 39 _sq._--Revenge only a link in a chain of
-emotional phenomena for which "non-moral resentment" may be used as a
-common name, p. 40.--The origin of these phenomena, pp. 40-42.--Moral
-indignation closely connected with anger, p. 42 _sq._--Moral
-indignation, like non-moral resentment, a reactionary attitude of mind
-directed towards the cause of inflicted pain, though the reaction
-sometimes turns against innocent persons, pp. 43-48.--In their
-administration of justice gods still more indiscriminate than men,
-pp. 48-51.--Reasons for this, p. 51 _sq._--Sin looked upon in the light
-of a contagious matter, charged with injurious energy, pp. 52-57.--The
-curse looked upon as a baneful substance injuring or destroying
-anybody to whom it cleaves, p. 57 _sq._--The tendency of curses to
-spread, pp. 58-60.--Their tendency to contaminate those who derive
-their origin from the infected individual, p. 60 _sq._--The vicarious
-suffering involved in sin-transference not to be confounded with
-vicarious expiatory sacrifice, p. 61.--Why scapegoats are sometimes
-killed, pp. 61-64.--Why sacrificial victims are sometimes used as
-scapegoats, p. 64 _sq._--Vicarious expiatory sacrifices,
-pp. 65-67.--The victim accepted as a substitute on the principle of
-social solidarity, p. 67 _sq._--Expiatory sacrifices offered as ransoms,
-p. 68 _sq._--Protests of the moral consciousness against the infliction
-of penal suffering upon the guiltless, pp. 70-72.
-
-
-CHAPTER III
-
-THE NATURE OF THE MORAL EMOTIONS (_continued_)
-
-Whilst, in the course of mental evolution, the true direction of the
-hostile reaction involved in moral disapproval has become more
-apparent, its aggressive character has become more disguised,
-p. 73.--Kindness to enemies not a rule in early ethics, p. 73 _sq._--At
-the higher stages of moral development retaliation condemned and
-forgiveness of enemies laid down as a duty, pp. 74-77.--The rule of
-retaliation and the rule of forgiveness not radically opposed to each
-other, p. 77 _sq._--Why enlightened and sympathetic minds disapprove
-of resentment and retaliation springing from personal motives, p. 78
-_sq._--The aggressive character of moral disapproval has also become
-more disguised by the different way in which the aggressiveness
-displays itself, p. 79.--Retributive punishment condemned, and the end
-of punishment considered to be either to deter from crime, or to
-reform the criminal, or to repress crime by eliminating or secluding
-him, pp. 79-81.--Objections to these theories, p. 82 _sq._--Facts which,
-to some extent, fill up the gap between the theory of retribution and
-the utilitarian theories of punishment, pp. 84-91.--The aggressive
-element in moral disapproval has undergone a change which tends to
-conceal its true nature by narrowing the channel in which it discharges
-itself, deliberate and discriminating resentment being apt to turn
-against the will rather than against the willer, p. 91 _sq._--Yet it is
-the instinctive desire to inflict counter-pain that gives to moral
-indignation its most important characteristic, p. 92 _sq._--Retributive
-kindly emotion a friendly attitude of mind towards a cause of pleasure,
-p. 93 _sq._--Retributive kindly emotion among the lower animals,
-p. 94.--Its intrinsic object, p. 94 _sq._--The want of discrimination
-which is sometimes found in retributive kindness, p. 95.--Moral approval
-a kind of retributive kindly emotion, _ibid._--Moral approval sometimes
-bestows its favours upon undeserving individuals for the merits of others,
-pp. 95-97.--Explanation of this, p. 97 _sq._--Protests against the notion
-of vicarious merit, p. 98 _sq._
-
-
-{ix} CHAPTER IV
-
-THE NATURE OF THE MORAL EMOTIONS (_concluded_)
-
-Refutation of the opinion that moral emotions only arise in
-consequence of moral judgments, p. 100 _sq._--However, moral
-judgments, being definite expressions of moral emotions, help us to
-discover the true nature of these emotions, p. 101.--Disinterestedness
-and apparent impartiality characteristics by which moral indignation
-and approval are distinguished from other, non-moral, kinds of
-resentment or retributive kindly emotion, pp. 101-104.--Besides, a
-moral emotion has a certain flavour of generality, p. 104 _sq._--The
-analysis of the moral emotions which has been attempted in this and
-the two preceding chapters holds true not only of such emotions as we
-feel on account of the conduct of others, but of such emotions as we
-feel on account of our own conduct as well, pp. 105-107.
-
-
-CHAPTER V
-
-THE ORIGIN OF THE MORAL EMOTIONS
-
-We may feel disinterested resentment, or disinterested retributive
-kindly emotion, on account of an injury inflicted, or a benefit
-conferred, upon another person with whose pain, or pleasure, we
-sympathise, and in whose welfare we take a kindly interest,
-p. 108.--Sympathetic feelings based on association, p. 109 _sq._--Only
-when aided by the altruistic sentiment sympathy induces us to take a
-kindly interest in the feelings of our neighbours, and tends to
-produce disinterested retributive emotions, p. 110 _sq._--Sympathetic
-resentment to be found in all animal species which possess altruistic
-sentiments, p. 111 _sq._--Sympathetic resentment among savages, p. 113
-_sq._--Sympathetic resentment may not only be a reaction against
-sympathetic pain, but may be directly produced by the cognition of the
-signs of anger (punishment, language, &c.), pp. 114-116.--Disinterested
-antipathies, p. 116 _sq._--Sympathy springing from an altruistic
-sentiment may also produce disinterested kindly emotion,
-p. 117.--Disinterested likings, _ibid._--Why disinterestedness,
-apparent impartiality, and the flavour of generality have become
-characteristics by which so-called moral emotions are distinguished
-from other retributive emotions, p. 117 _sq._--Custom not only a
-public habit, but a rule of conduct, p. 118.--Custom conceived of as a
-moral rule, p. 118 _sq._--In early society customs the only moral
-rules ever thought of, p. 119.--The characteristics of moral
-indignation to be sought for in its connection with custom, p.
-120.--Custom characterised by generality, disinterestedness, and
-apparent impartiality, p. 120 _sq._--Public indignation lies at the
-bottom of custom as a moral rule, p. 121 _sq._--As public indignation
-is the prototype of moral disapproval, so public approval is the
-prototype of moral approval, p. 122.--Moral disapproval and approval
-have not always remained inseparably connected with the feelings of
-any special society, p. 122 _sq._--Yet they remain to the last public
-emotions if not in reality, then as an ideal, p. 123.--Refutation of
-the opinion that the original form of the moral consciousness has been
-the individual's own conscience, p. 123 _sq._--The antiquity of moral
-resentment, p. 124.--The supposition that remorse is unknown among the
-lower races contradicted by facts, p. 124 _sq._--Criticism of Lord
-Avebury's statement that modern savages seem to be almost entirely
-wanting in moral feeling, pp. 125-129.--The antiquity of moral
-approval, p. 129 _sq._
-
-
-{x}
-CHAPTER VI
-
-ANALYSIS OF THE PRINCIPAL MORAL CONCEPTS
-
-Our analysis to be concerned with moral concepts formed by the
-civilised mind, p. 131.--Moral concepts among the lower races,
-pp. 131-133.--Language a rough generaliser, p. 133.--Analysis of the
-concepts _bad_, _vice_, and _wrong_, p. 134.--Of _ought_ and _duty_,
-pp. 134-137.--Of _right_, as an adjective, pp. 137-139.--Of _right_,
-as a substantive, p. 139 _sq._--Of the relations between _rights_ and
-_duties_, p. 140 _sq._--Of _injustice_ and _justice_, pp. 141-145.--Of
-_good_, pp. 145-147.--Of _virtue_, pp. 147-149.--Of the relation
-between _virtue_ and _duty_, p. 149 _sq._--Of _merit_, p. 150
-_sq._--Of the relation between _merit_ and _duty_, p. 151 _sq._--The
-question of the _super-obligatory_, pp. 152-154.--The question of the
-morally _indifferent_, pp. 154-157.
-
-
-CHAPTER VII
-
-CUSTOMS AND LAWS AS EXPRESSIONS OF MORAL IDEAS
-
-How we can get an insight into the moral ideas of mankind at large,
-p. 158.--The close connection between the habitualness and the
-obligatoriness of custom, p. 159.--Though every public habit is not a
-custom, involving an obligation, men's standard of morality is not
-independent of their practice, p. 159 _sq._--The study of moral ideas
-to a large extent a study of customs, p. 160.--But custom never covers
-the whole field of morality, and the uncovered space grows larger in
-proportion as the moral consciousness develops, p. 160 _sq._--At the
-lower stages of civilisation custom the sole rule for conduct,
-p. 161.--Even kings described as autocrats tied by custom, p. 162.--In
-competition with law custom frequently carries the day, p. 163
-_sq._--Custom stronger than law and religion combined, p. 164.--The
-laws themselves command obedience more as customs than as laws,
-_ibid._--Many laws were customs before they became laws, p. 165.--The
-transformation of customs into laws, p. 165 _sq._--Laws as expressions
-of moral ideas, pp. 166-168.--Punishment and indemnification, p. 168
-_sq._--Definition of punishment, p. 169 _sq._--Savage punishments
-inflicted upon the culprit by the community at large, pp. 170-173.--By
-some person or persons invested with judicial authority,
-pp. 173-175.--The development of judicial organisation out of a previous
-system of lynch-law, p. 175.--Out of a previous system of private
-revenge, p. 176.--Public indignation displays itself not only in
-punishment, but to a certain extent in the custom of revenge, p. 176
-_sq._--The social origin of the _lex talionis_, pp. 177-180.--The
-transition from revenge to punishment, and the establishment of a
-central judicial and executive authority, pp. 180-183.--The
-jurisdiction of chiefs, p. 183 _sq._--The injured party or the accuser
-acting as executioner, but not as judge, p. 184_sq._--The existence of
-punishment and judicial organisation among a certain people no exact
-index to its general state of culture, p. 185.--The supposition that
-punishment has been intended to act as a deterrent, p. 185
-_sq._--Among various semi-civilised and civilised peoples the criminal
-law has assumed a severity which far surpasses the rigour of the _lex
-talionis_, pp. 186-183.--Wanton cruelty not a general characteristic
-of the public justice of savages, pp. 188-190. Legislators referring
-to the deterrent effects of punishment, p. 190 _sq._--The practice of
-punishing criminals in public, p. 191 _sq._--The punishment actually
-inflicted on the criminal in many cases much less severe than the
-punishment with which the law threatens him, p. 192 _sq._--The
-detection of criminals was in earlier times much rarer and more
-uncertain than it is now, p. 193.--The chief explanation of the great
-severity of certain {xi} criminal codes lies in their connection with
-despotism or religion or both, pp. 193-198.--Punishment may also be
-applied as a means of deterring from crime, p. 198 _sq._--But the
-scope which justice leaves for determent pure and simple is not wide,
-p. 199.--The criminal law of a community on the whole a faithful
-exponent of moral sentiments prevalent in that community at large,
-pp. 199-201.
-
-
-CHAPTER VIII
-
-THE GENERAL NATURE OF THE SUBJECTS OF ENLIGHTENED MORAL
-JUDGMENTS
-
-Definitions of the term "conduct," p. 202 _sq._--The meaning of the
-word "act," p. 203 _sq._--The meaning of the word "intention,"
-p. 204.--There can be only one intention in one act, p. 204 _sq._ The
-moral judgments which we pass on acts do not really relate to the
-event, but to the intention, p. 205 _sq._--A person morally
-accountable also for his deliberate wishes, p. 206.--A deliberate wish
-is a volition, p. 206 _sq._--The meaning of the word "motive,"
-p. 207.--Motives which are volitions fall within the sphere of moral
-valuation, _ibid._--The motive of an act may be an intention, but an
-intention belonging to another act, _ibid._--Even motives which
-consist of non-volitional conations may indirectly exercise much
-influence on moral judgments, p. 207 _sq._--Refutation of Mill's
-statement that "the motive has nothing to do with the morality of the
-action," p. 208 _sq._--Moral judgments really passed upon men as
-acting or willing, not upon acts or volitions in the abstract, p. 209.
---Forbearances morally equivalent to acts, p. 209 _sq._--Distinction
-between forbearances and omissions, p. 210.--Moral judgments refer not
-only to willing, but to not-willing as well, not only to acts and
-forbearances, but to omissions, p. 210 _sq._--Negligence,
-heedlessness, and rashness, p. 211.--Moral judgments of blame
-concerned with not-willing only in so far as this not-willing is
-attributed to a defect of the "will," p. 211 _sq._--Distinction
-between conscious omissions and forbearances, and between not-willing
-to refrain from doing and willing to do, p. 212.--The "known
-concomitants of acts," p. 213.--Absence of volitions also gives rise
-to moral praise, p. 213 _sq._--The meaning of the term "conduct,"
-p. 214.--The subject of a moral judgment is, strictly speaking, a
-person's will, or character, conceived as the cause either of
-volitions or of the absence of volitions, p. 214 _sq._--Moral
-judgments that are passed on emotions or opinions really refer to the
-will, p. 215 _sq._
-
-
-CHAPTER IX
-
-THE WILL AS THE SUBJECT OF MORAL JUDGMENT AND THE INFLUENCE OF
-EXTERNAL EVENTS
-
-Cases in which no distinction is made between intentional and
-accidental injuries, pp. 217-219.--Yet even in the system of
-self-redress intentional or foreseen injuries often distinguished from
-unintentional and unforeseen injuries, pp. 219-221.--A similar
-distinction made in the punishments inflicted by many savages, p. 221
-_sq._--Uncivilised peoples who entirely excuse, or do not punish,
-persons for injuries which they have inflicted by mere accident,
-p. 222 _sq._--Peoples of a higher culture who punish persons for bringing
-about events without any fault of theirs, pp. 223-226.--At the earlier
-stages of civilisation gods, in particular, attach undue importance to
-the outward aspect of conduct, pp. 226-231.--Explanation of all these
-facts, pp. 231-237.--The great influence which the outward event
-exercises upon moral estimates even among ourselves, pp. 238-240.
---Carelessness generally not punished if no injurious result
-follows, p. 241.--An unsuccessful attempt to commit a criminal act, if
-punished at all, as a rule punished much less {xii} severely than the
-accomplished act, p. 241 _sq._--Exceptions to this rule, p. 242.--The
-question, which attempts should be punished, p. 243.--The stage at
-which an attempt begins to be criminal, and the distinction between
-attempts and acts of preparation, p. 243 _sq._--The rule that an
-outward event is requisite for the infliction of punishment, p. 244
-_sq._--Exceptions to this rule, p. 245.--Explanation of laws referring
-to unsuccessful attempts, pp. 245-247.--Moral approval influenced by
-external events, p. 247.--Owing to its very nature, the moral
-consciousness, when sufficiently influenced by thought, regards the
-will as the only proper object of moral disapproval or praise,
-p. 247 _sq._
-
-
-CHAPTER X
-
-AGENTS UNDER INTELLECTUAL DISABILITY
-
-An agent not responsible for anything which he could not be aware of,
-p. 249.--The irresponsibility of animals, pp. 249-251.--Resentment
-towards an animal which has caused some injury, p. 251.--At the lower
-stages of civilisation animals deliberately treated as responsible
-beings, _ibid._--The custom of blood-revenge extended to the animal
-world, pp. 251-253.--Animals exposed to regular punishment, pp. 253-255.
---The origin of the mediæval practice of punishing animals, p. 255 _sq._
---Explanation of the practice of retaliating upon animals, pp. 256-260.
---At the earlier stages of civilisation even inanimate things treated
-as if they were responsible agents, pp. 260-262.--Explanation
-of this, pp. 262-264.--The total or partial irresponsibility of
-childhood and early youth, pp. 264-267.--According to early custom,
-children sometimes subject to the rule of retaliation, p. 267.
---Parents responsible for the deeds of their children, p. 267
-_sq._--In Europe there has been a tendency to raise the age at which
-full legal responsibility commences, p. 268 _sq._--The irresponsibility
-of idiots and madmen, p. 269 _sq._--Idiots and insane persons objects
-of religious reverence, p. 270 _sq._--Lunatics treated with great
-severity or punished for their deeds, pp. 271-274.--Explanation of
-this, p. 274 _sq._--The ignorance of which lunatics have been victims
-in the hands of lawyers, pp. 275-277.--The total or partial
-irresponsibility of intoxicated persons, p. 277 _sq._--Drunkenness
-recognised as a ground of extenuation, pp. 278-280.--Not recognised as
-a ground of extenuation, p. 280 _sq._--Explanation of these facts,
-p. 281 _sq._
-
-
-CHAPTER XI
-
-MOTIVES
-
-Motives considered only in proportion as the moral judgment is
-influenced by reflection, p. 283.--Little consideration for the sense
-of duty as a motive, _ibid._--Somewhat greater discrimination shown in
-regard to motives consisting of powerful non-volitional conations,
-p. 283 _sq._--Compulsion as a ground of extenuation, p. 284
-_sq._--"Compulsion by necessity," pp. 285-287.--Self-defence,
-pp. 288-290.--Self-redress in the case of adultery, and other survivals of
-the old system of self-redress, pp. 290-294.--The moral distinction
-made between an injury which a person inflicts deliberately, in cold
-blood, and one which he inflicts in the heat of the moment, on
-provocation, pp. 294-297.--Explanation of this distinction, p. 297
-_sq._--The pressure of a non-volitional motive on the will as a ground
-of extenuation, p. 298 _sq._--That moral judgments are generally
-passed, in the first instance, with reference to acts immediately
-intended, and consider motives only in proportion as the judgment is
-influenced by reflection, holds good not only of moral blame, but of
-moral praise, pp. 299-302.
-
-
-{xiii} CHAPTER XII
-
-FORBEARANCES AND CARELESSNESS--CHARACTER
-
-Why in early moral codes the so-called negative commandments are much
-more prominent than the positive commandments, p. 303.--The little
-cognisance which the criminal laws of civilised nations take of
-forbearances and omissions, p. 303 _sq._--The more scrutinising the
-moral consciousness, the greater the importance which it attaches to
-positive commandments, p. 304 _sq._--Yet the customs of all nations
-contain not only prohibitions, but positive injunctions as well, p.
-305.--The unreflecting mind apt to exaggerate the guilt of a person
-who out of heedlessness or rashness causes harm by a positive act,
-_ibid._--Early custom and law may be anxious enough to trace an event
-to its source, pp. 305-307.--But they easily fail to discover where
-there is guilt or not, and, in case of carelessness, to determine the
-magnitude of the offender's guilt, p. 307 _sq._--The opinion that a
-person is answerable for all the damage which directly ensues from an
-act of his, even though no foresight could have reasonably been
-expected to look out for it, p. 308 _sq._--On the other hand, little
-or no censure passed on him whose want of foresight or want of
-self-restraint is productive of suffering, if only the effect is
-sufficiently remote, p. 309 _sq._--The moral emotions may as naturally
-give rise to judgments on human character as to judgments on human
-conduct, p. 310.--Even when a moral judgment immediately refers to a
-distinct act, it takes notice of the agent's will as a whole, p. 310
-_sq._--The practice of punishing a second or third offence more
-severely than the first, p. 311 _sq._--The more a moral judgment is
-influenced by reflection, the more it scrutinises the character which
-manifests itself in that individual piece of conduct by which the
-judgment is occasioned, p. 312 _sq._--But however superficial it be,
-it always refers to a will conceived of as a continuous entity, p. 313.
-
-
-CHAPTER XIII
-
-WHY MORAL JUDGMENTS ARE PASSED ON CONDUCT AND CHARACTER--MORAL
-VALUATION AND FREE-WILL
-
-Explanation of the fact that moral judgments are passed on conduct and
-character, p. 314.--The correctness of this explanation proved by the
-circumstance that not only moral emotions, but non-moral retributive
-emotions as well, are felt with reference to phenomena exactly similar
-in nature to those on which moral judgments are passed,
-pp. 314-319.--Whether moral or non-moral, a retributive emotion is
-essentially directed towards a sensitive and volitional entity, or
-self, conceived of as the cause of pleasure or the cause of pain,
-p. 319.--The futility of other attempts to solve the problem, p. 319
-_sq._--The nature of the moral emotions also gives us the key to the
-problem of the co-existence of moral responsibility with the general
-law of cause and effect, p. 320.--The theory according to which
-responsibility, in the ordinary sense of the term, and moral judgments
-generally, are inconsistent with the notion that the human will is
-determined by causes, p. 320 _sq._--Yet, as a matter of fact, moral
-indignation and moral approval are felt by determinists and
-libertarians alike, p. 321 _sq._--Explanation of the fallacy which
-lies at the bottom of the conception that moral valuation is
-inconsistent with determinism, p. 322.--Causation confounded with
-compulsion, pp. 322-324.--The difference between fatalism and
-determinism, pp. 324-326.--The moral emotions not concerned with the
-origin of the innate character, p. 326.
-
-
-{xiv} CHAPTER XIV
-
-PRELIMINARY REMARKS--HOMICIDE IN GENERAL
-
-Necessity of restricting the investigation to the more important modes
-of conduct with which the moral consciousness is concerned, p. 327
-_sq._--The six groups into which these modes of conduct may be
-divided, p. 328.--The most sacred duty which we owe to our
-fellow-creatures generally considered to be regard for their lives,
-_ibid._--Among various uncivilised peoples human life said to be held
-very cheap, p. 328 _sq._--Among others homicide or murder said to be
-hardly known, p. 329 _sq._--In other instances homicide expressly said
-to be regarded as wrong, p. 330 _sq._--In every society custom
-prohibits homicide within a certain circle of men, p. 331.--Savages
-distinguish between an act of homicide committed within their own
-community and one where the victim is a stranger, pp. 331-333.--In
-various instances, however, the rule, "Thou shalt not kill," applies
-even to foreigners, p. 333 _sq._--Some uncivilised peoples said to
-have no wars, p. 334.--Savages' recognition of intertribal rights in
-times of peace obvious from certain customs connected with their wars,
-p. 334 _sq._--Savage custom does not always allow indiscriminate
-slaughter even in warfare, p. 335 _sq._--The readiness with which
-savages engage in war, p. 337.--The old distinction between injuries
-committed against compatriots and harm done to foreigners remains
-among peoples more advanced in culture, p. 337 _sq._--The readiness
-with which such peoples wage war on foreign nations, and the
-estimation in which the successful warrior is held, pp. 338-340.--The
-life of a guest sacred, p. 340.--The commencement of international
-hostilities preceded by special ceremonies, _ibid._--Warfare in some
-cases condemned, or a distinction made between just and unjust war,
-pp. 340-342.--Even in war the killing of an enemy under certain
-circumstances prohibited, either by custom or by enlightened moral
-opinion, pp. 342-344.
-
-
-CHAPTER XV
-
-HOMICIDE IN GENERAL (_continued_)
-
-Homicide of any kind condemned by the early Christians, p. 345.--Their
-total condemnation of warfare, p. 345 _sq._--This attitude towards war
-was soon given up, pp. 346-348.--The feeling that a soldier scarcely
-could make a good Christian, p. 348.--Penance prescribed for those who
-had shed blood in war, p. 348 _sq._--Wars forbidden by popes, p. 349.
---The military Christianity of the Crusades, pp. 348-352.--Chivalry,
-pp. 352-354.--The intimate connection between chivalry and religion
-displayed in tournaments, p. 354 _sq._--The practice of private war,
-p. 355 _sq._--The attitude of the Church towards private war, p.
-356.--The Truce of God, p. 357.--The main cause of the abolition of
-private war was the increase of the authority of emperors or kings,
-p. 357 _sq._--War looked upon as a judgment of God, p. 358.--The attitude
-adopted by the great Christian congregations towards war one of
-sympathetic approval, pp. 359-362.--Religious protests against war,
-pp. 362-365.--Freethinkers' opposition to war, pp. 365-367.--The idea
-of a perpetual peace, p. 367.--The awakening spirit of nationalism,
-and the glorification of war, p. 367 _sq._--Arguments against
-arbitration, p. 368.--The opposition against war rapidly increasing,
-p. 368 _sq._--The prohibition of needless destruction in war, p. 369
-_sq._--The survival, in modern civilisation, of the old feeling that
-the life of a foreigner is not equally sacred with that of a
-countryman, p. 370.--The behaviour of European colonists towards
-coloured races, p. 370 _sq._
-
-
-{xv} CHAPTER XVI
-
-HOMICIDE IN GENERAL (_concluded_)
-
-Sympathetic resentment felt on account of the injury suffered by the
-victim a potent cause of the condemnation of homicide, p. 372
-_sq._--No such resentment felt if the victim is a member of another
-group, p. 373.--Why extra-tribal homicide is approved of,
-_ibid._--Superstition an encouragement to extra-tribal homicide,
-_ibid._--The expansion of the altruistic sentiment largely explains
-why the prohibition of homicide has come to embrace more and more
-comprehensive circles of men, _ibid._--Homicide viewed as an injury
-inflicted upon the survivors, p. 373 _sq._--Conceived as a breach of
-the "King's peace," p. 374.--Stigmatised as a disturbance of public
-tranquillity and an outrage on public safety, _ibid._--Homicide
-disapproved of because the manslayer gives trouble to his own people,
-p. 374 _sq._--The idea that a manslayer is unclean, pp. 375-377.--The
-influence which this idea has exercised on the moral judgment of
-homicide, p. 377.--The disapproval of the deed easily enhanced by the
-spiritual danger attending on it, as also by the inconvenient
-restrictions laid on the tabooed manslayer and the ceremonies of
-purification to which he is subject, p. 377 _sq._--The notion of a
-persecuting ghost may be replaced by the notion of an avenging god,
-pp. 378-380.--The defilement resulting from homicide particularly
-shunned by gods, p. 380 _sq._--Priests forbidden to shed human blood,
-p. 381 _sq._--Reasons for Christianity's high regard for human life,
-p. 382.
-
-
-CHAPTER XVII
-
-THE KILLING OF PARENTS, SICK PERSONS, CHILDREN-FETICIDE
-
-Parricide the most aggravated form of murder, pp. 383-386.--The custom
-of abandoning or killing parents who are worn out with age or disease,
-p. 386 _sq._--Its causes, pp. 387-390.--The custom of abandoning or
-killing persons suffering from some illness, p. 391 _sq._--Its causes,
-p. 392 _sq._--The father's power of life and death over his children,
-p. 393 _sq._--Infanticide among many savage races permitted or even
-enjoined by custom, pp. 394-398.--The causes of infanticide, and how
-it has grown into a regular custom, pp. 398-402.--Among many savages
-infanticide said to be unheard of or almost so, p. 402 _sq._--The
-custom of infanticide not a survival of earliest savagery, but seems
-to have grown up under specific conditions in later stages of
-development, p. 403.--Savages who disapprove of infanticide, p. 403
-_sq._--The custom of infanticide in most cases requires that the child
-should be killed immediately or soon after its birth, p. 404
-_sq._--Infanticide among semi-civilised or civilised races,
-pp. 405-411.--The practice of exposing new-born infants vehemently
-denounced by the early Fathers of the Church, p. 411.--Christian
-horror of infanticide, p. 411 _sq._--The punishment of infanticide in
-Christian countries, p. 412 _sq._--Feticide among savages, p. 413
-_sq._--Among more civilised nations, p. 414 _sq._--According to
-Christian views, a form of murder, p. 415 _sq._--Distinctions between
-an _embryo informatus_ and an _embryo formatus_, p. 416 _sq._--Modern
-legislation and opinion concerning feticide, p. 417.
-
-
-CHAPTER XVIII
-
-THE KILLING OF WOMEN, AND OF SLAVES--THE CRIMINALITY OF HOMICIDE
-INFLUENCED BY DISTINCTIONS OF CLASS
-
-The husband's power of life and death over his wife among many of the
-lower races, p. 418 _sq._--The right of punishing his wife capitally
-not universally {xvi} granted to the husband in uncivilised
-communities, p. 419.--The husband's power of life and death among
-peoples of a higher type, _ibid._--Uxoricide punished less severely
-than matricide, p. 419 _sq._--The estimate of a woman's life sometimes
-lower than that of a man's, sometimes equal to it, sometimes higher,
-p. 420 _sq._--The master's power of life and death over his slave,
-p. 421 _sq._--The right, among many savages, of killing his slave at his
-own discretion expressly denied to the master, p. 422 _sq._--The
-murder of another person's slave largely regarded as an offence
-against the property of the owner, but not exclusively looked upon in
-this light, p. 423.--When the system of blood-money prevails, the
-price paid for the life of a slave less than that paid for the life of
-a freeman, _ibid._--Among the nations of archaic culture, also, the
-life of a slave held in less estimation than that of a freeman, but
-not even the master in all circumstances allowed to put his slave to
-death, pp. 423-426.--Efforts of the Christian Church to secure the
-life of the slave against the violence of the master, p. 426.--But
-neither the ecclesiastical nor the secular legislation gave him the
-same protection as was bestowed upon the free member of the Church and
-State, pp. 426-428.--In modern times, in Christian countries, the life
-of the negro slave was only inadequately protected by law, p. 428
-_sq._--Why the life of a slave is held in so little regard,
-p. 429.--The killing of a freeman by a slave, especially if the victim
-be his owner, commonly punished more severely than if the same act were
-done by a free person, p. 429 _sq._--In the estimate of life a
-distinction also made between different classes of freemen, p. 430
-_sq._--The magnitude of the crime may depend not only on the rank of
-the victim, but on the rank of the manslayer as well, pp. 431-433.
---Explanation of this influence of class, p. 433.--In progressive
-societies each member of the society at last admitted to
-be born with an equal claim to the right to live, _ibid._
-
-
-CHAPTER XIX
-
-HUMAN SACRIFICE
-
-The prevalence of human sacrifice, pp. 434-436.--This practice much
-more frequently found among barbarians and semi-civilised peoples than
-among genuine savages, p. 436 _sq._--Among some peoples it has been
-noticed to become increasingly prevalent in the course of time,
-p. 437.--Human sacrifice partly due to the idea that gods have an
-appetite for human flesh or blood, p. 437 _sq._--Sometimes connected
-with the idea that gods require attendants, p. 438.--Moreover, an
-angry god may be appeased simply by the death of him or those who
-aroused his anger, or of some representative of the offending
-community, or of somebody belonging to the kin of the offender, pp.
-438-440.--Human sacrifice chiefly a method of life-insurance, based on
-the idea of substitution, p. 440.--Human victims offered in war,
-before a battle, or during a siege, p. 440 _sq._--For the purpose of
-stopping or preventing epidemics, p. 441 _sq._--For the purpose of
-putting an end to a devastating famine, p. 442 _sq._--For the purpose
-of preventing famine, p. 443 _sq._--Criticism of Dr. Frazer's
-hypothesis that the human victim who is killed for the purpose of
-ensuring good crops is regarded as a representative of the corn-spirit
-and is slain as such, pp. 444-451.--Human victims offered with a view
-to getting water, p. 451 _sq._--With a view to averting perils arising
-from the sea or from rivers, pp. 452-454.--For the purpose of
-preventing the death of some particular individual, especially a chief
-or a king, from sickness, old age, or other circumstances, pp.
-454-457.--For the purpose of helping other men into existence, p. 457
-_sq._--The killing of the first-born child, or the first-born son,
-p. 458 _sq._--Explanation of this practice, pp. 459-461.--Human
-sacrifices offered in connection with the foundation of buildings,
-p. 461 _sq._--The building-sacrifice, like other kinds of human
-sacrifice, probably based on the idea of substitution, pp.462-464.
---The belief that {xvii} the soul of the victim is converted
-into a protecting demon, p. 464 _sq._--The human victim regarded as a
-messenger, p. 465 _sq._--Human sacrifice not an act of wanton cruelty,
-p. 466.--The king or chief sometimes sacrificed, _ibid._--The victims
-frequently prisoners of war or other aliens, or slaves, or criminals,
-pp. 466-468.--The disappearance of human sacrifice, p. 468.--Human
-sacrifice condemned, p. 465 _sq._--Practices intended to replace it,
-p. 469.--Human effigies or animals offered instead of men, p. 469
-_sq._--Human sacrifices succeeded by practices involving the effusion
-of human blood without loss of life, p. 470.--Bleeding or mutilation
-practised for the same purpose as human sacrifice, p. 470 _sq._--Why
-the penal sacrifice of offenders has outlived all other forms of human
-sacrifice, p. 471.--Human beings sacrificed to the dead in order to
-serve them as slaves, wives, or companions, pp. 472-474.--This custom
-dwindling into a survival, p. 475.--The funeral sacrifice of men and
-animals also seems to involve an intention to vivify the spirits of
-the deceased with blood, p. 475 _sq._--Manslayers killed in order to
-satisfy their victims' craving for revenge, p. 476.
-
-
-CHAPTER XX
-
-BLOOD-REVENGE AND COMPENSATION--THE PUNISHMENT OF DEATH
-
-The prevalence of the custom of blood-revenge, pp. 477-479.--Blood-revenge
-regarded not only as a right, but as a duty, p. 479 _sq._--This duty
-in the first place regarded as a duty to the dead, whose spirit is
-believed to find no rest after death until the injury has been
-avenged, p. 481 _sq._--Blood-revenge a form of human sacrifice,
-p. 482.--Blood-revenge also practised on account of the injury inflicted
-on the survivors, p. 482 _sq._--Murder committed within the family or
-kin left unavenged, p. 483.--The injury inflicted on the relatives of
-the murdered man suggests not only revenge, but reparation,
-_ibid._--The taking of life for life may itself, in a way, serve as
-compensation, p. 483 _sq._--Various methods of compensation,
-p. 484.--The advantages of the practice of composition, p. 484 _sq._--Its
-disadvantages, p. 485.--The importance of these disadvantages depends
-on the circumstances in each special case, p. 486 _sq._--Among many
-peoples the rule of revenge strictly followed, and to accept
-compensation considered disgraceful, p. 487.--The acceptance of
-compensation does not always mean that the family of the slain
-altogether renounce their right of revenge, p. 487 _sq._--The
-acceptance of compensation allowed as a justifiable alternative for
-blood-revenge, or even regarded as the proper method of settling the
-case, p. 488 _sq._--The system of compensation partly due to the
-pressure of some intervening authority, p. 489 _sq._--The adoption of
-this method for the settling of disputes a sign of weakness,
-p. 491.--When the central power of jurisdiction is firmly established,
-the rule of life for life regains its sway, _ibid._--A person may
-forfeit his right to live by other crimes besides homicide, p. 491
-_sq._--Opposition to and arguments against capital punishment,
-pp. 492-495.--Modern legislation has undergone a radical change with
-reference to capital punishment, p. 495.--Arguments against its
-abolition, p. 495 _sq._--The chief motive for retaining it in modern
-legislation, p. 496.
-
-
-CHAPTER XXI
-
-THE DUEL
-
-Duelling resorted to as a means of bringing to an end hostilities
-between different groups of people, p. 497 _sq._--Duels fought for the
-purpose of settling disputes between individuals, either by conferring
-on the victor the right of possessing {xviii} the object of the
-strife, or by gratifying a craving for revenge and wiping off the
-affront, pp. 498-502.--The circumstances to which these customs are
-due, p. 503 _sq._--The duel as an ordeal or "judgment of God," p. 504
-_sq._--The judicial duel fundamentally derived its efficacy as a means
-of ascertaining the truth from its connection with an oath, p. 505
-_sq._ How it came to be regarded as an appeal to the justice of God,
-p. 506 _sq._--The decline and disappearance of the judicial duel,
-p. 507.--The modern duel of honour, pp. 507-509.--Its causes,
-p. 509.--Arguments adduced in support of it, p. 509 _sq._
-
-
-CHAPTER XXII
-
-BODILY INJURIES
-
-In the case of bodily injuries the magnitude of the offence, other
-things being equal, proportionate to the harm inflicted,
-pp. 511-513.--The degree of the offence also depends on the station of
-the parties concerned, and in some cases the infliction of pain held
-allowable or even a duty, p. 513.--Children using violence against
-their parents, _ibid._--Parents' right to inflict corporal punishment
-on their children, p. 513 _sq._--The husband's right to chastise his
-wife, pp. 514-516.--The master's right to inflict corporal punishment
-on his slave, p. 516 _sq._--The maltreatment of another person's slave
-regarded as an injury done to the master, rather than to the slave,
-p. 517.--Slaves severely punished for inflicting bodily injuries on
-freemen, p. 510.--The penalties or fines for bodily injuries
-influenced by the class or rank of the parties when both of them are
-freemen, p. 518 _sq._--Distinction between compatriots and aliens with
-reference to bodily injuries, p. 519.--The infliction of sufferings on
-vanquished enemies, p. 519 _sq._--The right to bodily integrity
-influenced by religious differences, p. 520--Forfeited by the
-commission of a crime, p. 520 _sq._--Amputation or mutilation of the
-offending member has particularly been in vogue among peoples of
-culture, p. 521 _sq._--The disappearance of corporal punishment in
-Europe, p. 522.--Corporal punishment has been by preference a
-punishment for poor and common people or slaves, p. 522 _sq._--The
-status of a person influencing his right to bodily integrity with
-reference to judicial torture, p. 523 _sq._--Explanation of the moral
-notions regarding the infliction of bodily injuries, p. 524.--The
-notions that an act of bodily violence involves a gross insult, and
-that corporal punishment disgraces the criminal more than any other
-form of penalty, p. 524 _sq._
-
-
-CHAPTER XXIII
-
-CHARITY AND GENEROSITY
-
-The mother's duty to rear her children, p. 526.--The husband's and
-father's duty to protect and support his family, pp. 526-529.--The
-parents' duty of taking care of their offspring in the first place
-based on the sentiment of parental affection, p. 529.--The
-universality not only of the maternal, but of the paternal, sentiment
-in mankind, pp. 529-532.--Marital affection among savages,
-p. 532.--Explanation of the simplest paternal and marital duties,
-p. 533--Children's duty of supporting their aged parents, pp. 533-538.
-The duty of assisting brothers and sisters, p. 538.--Of assisting more
-distant relatives, pp. 538-540.--Uncivilised peoples as a rule
-described as kind towards members of their own community or tribe,
-enjoin charity between themselves as a duty, and praise generosity as
-a virtue, pp. 540-546.--Among many savages the old people, in
-particular, have a claim to support and assistance, p. 546.--The sick
-often carefully attended to, pp. 546-548.-- {xix} Accounts of
-uncharitable savages, p. 548 _sq._--Among semi-civilised and civilised
-nations charity universally regarded as a duty, and often strenuously
-enjoined by their religions, pp. 549-556.--In the course of
-progressing civilisation the obligation of assisting the needy has
-been extended to wider and wider circles of men, pp. 556-558.--The
-duty of tending wounded enemies in war, p. 558.--Explanation of the
-gradual expansion of the duty of charity, p. 559.--This duty in the
-first place based on the altruistic sentiment, p. 559 _sq._--Egoistic
-motives for the doing of good to fellow-creatures, p. 560.--By
-niggardliness a person may expose himself to supernatural dangers,
-pp. 560-562.--Liberality may entail supernatural reward, p. 562 _sq._
---The curses and blessings of the poor partly account for the fact that
-charity has come to be regarded as a religious duty, pp. 563-565.--The
-chief cause of the extraordinary stress which the higher religions put
-on the duty of charity seems to lie in the connection between
-almsgiving and sacrifice, the poor becoming the natural heirs of the
-god, p. 565.--Instances of sacrificial food being left for, or
-distributed among, the poor, p. 565 _sq._--Almsgiving itself regarded
-as a form of sacrifice, or taking the place of it, pp. 566-569.
-
-
-CHAPTER XXIV
-
-HOSPITALITY
-
-Instances of great kindness displayed by savages towards persons of a
-foreign race, pp. 570-572.--Hospitality a universal custom among the
-lower races and among the peoples of culture at the earlier stages of
-their civilisation, pp. 572-574.--The stranger treated with special
-marks of honour, and enjoying extraordinary privileges as a guest,
-pp. 574-576.--Custom may require that hospitality should be shown even
-to an enemy, p. 576 _sq._--To protect a guest looked upon as a most
-stringent duty, p. 577 _sq._--Hospitality in a remarkable degree
-associated with religion, pp. 578-580.--The rules of hospitality in
-the main based on egoistic considerations, p. 581.--The stranger,
-supposed to bring with him good luck or blessings, pp. 581-583.--The
-blessings of a stranger considered exceptionally powerful, p. 583
-_sq._--The visiting stranger regarded as a potential source of evil,
-p. 584.--His evil wishes and curses greatly feared, owing partly to
-his quasi-supernatural character, partly to the close contact in which
-he comes with the host and his belongings, pp. 584-590.--Precautions
-taken against the visiting stranger, pp. 590-593.--Why no payment is
-received from a guest, p. 593 _sq._--The duty of hospitality limited
-by time, p. 594 _sq._--The cause of this, p. 595 _sq._--The decline of
-hospitality in progressive communities, p. 596.
-
-
-CHAPTER XXV
-
-THE SUBJECTION OF CHILDREN
-
-The right of personal freedom never absolute, p. 597.--Among some
-savages a man's children are in the power of the head of their
-mother's family or of their maternal uncle, p. 597 _sq._--Among the
-great bulk of existing savages children are in the power of their
-father, though he may to some extent have to share his authority with
-the mother, p. 598 _sq._--The extent of the father's power subject to
-great variations, p. 599.--Among some savages the father's authority
-practically very slight, p. 599 _sq._--Other savages by no means
-deficient in filial piety, p. 600 _sq._--The period during which the
-paternal authority lasts, p. 601 _sq._--Old age commands respect and
-gives authority, pp. 603-605.--Superiority of age also gives a certain
-amount {xx} of power, p. 605 _sq._--The reverence for old age may
-cease when the grey-head becomes an incumbrance to those around him,
-and imbecility may put an end to the father's authority over his
-family, p. 606 _sq._--Paternal, or parental, authority and filial
-reverence at their height among peoples of archaic culture,
-pp. 607-613.--Among these peoples we also meet with reverence for the
-elder brother, for persons of a superior age generally, and especially
-for the aged, p. 614 _sq._--Decline of the paternal authority in
-Europe, p. 615 _sq._--Christianity not unfavourable to the
-emancipation of children, though obedience to parents was enjoined as
-a Christian duty, p. 616 _sq._--The Roman notions of paternal rights
-and filial duties have to some extent survived in Latin countries,
-p. 617 _sq._--Sources of the parental authority, p. 618 _sq._--Among
-savages, in particular, filial regard is largely regard for one's
-elders or the aged, p. 619.--Causes of the regard for old age,
-pp. 619-621.--The chief cause of the connection between filial
-submissiveness and religious beliefs the extreme importance attached
-to parental curses and blessings, pp. 621-626.--Why the blessings and
-curses of parents are supposed to possess an unusual power, p. 626
-_sq._--Explanation of the extraordinary development of the paternal
-authority in the archaic State, p. 627 _sq._--Causes of the downfall
-of the paternal power, p. 628.
-
-
-CHAPTER XXVI
-
-THE SUBJECTION OF WIVES
-
-Among the lower races the wife frequently said to be the property or
-slave of her husband, p. 629 _sq._--Yet even in such cases custom has
-not left her entirely destitute of rights, p. 630 _sq._--The so-called
-absolute authority of husbands over their wives not to be taken too
-literally, p. 631 _sq._--The bride-price does not _eo ipso_ confer on
-the husband absolute rights over her, p. 632 _sq._--The hardest
-drudgeries of life often said to be imposed on the women, p. 633
-_sq._--In early society each sex has its own pursuits, p. 634.--The
-rules according to which the various occupations of life are divided
-between the sexes are on the whole in conformity with the indications
-given by nature, p. 635 _sq._--This division of labour emphasised by
-custom and superstition, p. 636 _sq._--It is apt to mislead the
-travelling stranger, p. 637.--It gives the wife authority within the
-circle which is exclusively her own, _ibid._--Rejection of the broad
-statement that the lower races in general hold their women in a state
-of almost complete subjection, pp. 638-646.--The opinion that a
-people's civilisation may be measured by the position held by the
-women not correct, at least so far as the earlier stages of culture
-are concerned, p. 646 _sq._--The position of woman among the peoples
-of archaic civilisation, pp. 647-653.--Christianity tended to narrow
-the remarkable liberty granted to married women under the Roman
-Empire, p. 653 _sq._--Christian orthodoxy opposed to the doctrine that
-marriage should be a contract on the footing of perfect equality
-between husband and wife, p. 654 _sq._--Criticism of the hypothesis
-that the social _status_ of women is connected with the system of
-tracing descent, p. 655 _sq._--The authority of a husband who lives
-with his wife in the house or community of her father, p. 656
-_sq._--Wives' subjection to their husbands in the first place due to
-the men's instinctive desire to exert power, and to the natural
-inferiority of women in such qualities of body and mind as are
-essential for personal independence, p. 657.--Elements in the sexual
-impulse which lead to domination on the part of the man and to
-submission on the part of the woman, p. 657 _sq._--But if the man's
-domination is carried beyond the limits of female love, the woman
-feels it as a burden, p. 658 _sq._--In extreme cases of oppression, at
-any rate, the community at large would sympathise with her, and the
-public resentment against the oppressor would result in customs or
-laws limiting the {xxi} husband's rights, p. 659.--The offended woman
-may count upon the support of her fellow-sisters, _ibid._--The
-children's affection and regard for their mother gives her power,
-_ibid._--The influence which economic conditions exercise on the
-position of woman, pp. 659-661.--The status of wives connected with
-the ideas held about the female sex in general, p. 661.--Woman
-regarded as intellectually and morally vastly inferior to man,
-especially among nations more advanced in culture, pp. 661-663.
---Progress in civilisation has exercised an unfavourable influence
-on the position of woman by widening the gulf between the sexes,
-p. 663.--Religion has contributed to her degradation by regarding her
-as unclean, p. 663 _sq._--Women excluded from religious worship and
-sacred functions, pp. 664-666.--The notion that woman is unclean,
-however, gives her a secret power over her husband, as women are
-supposed to be better versed in magic than men, pp. 666-668.--The
-curses of women greatly feared, p. 668.--Woman as an asylum, p. 668
-_sq._--In archaic civilisation the _status_ of married women was
-affected by the fact that the house-father was invested with some part
-of the power which formerly belonged to the clan, p. 669.--Causes of
-the decrease of the husband's authority over his wife in modern
-civilisation, _ibid._
-
-
-CHAPTER XXVII
-
-SLAVERY
-
-Definition of slavery, p. 670 _sq._--The distribution of slavery and
-its causes among savages, pp. 671-674.--The earliest source of slavery
-was probably war or conquest, p. 674 _sq._--Intra-tribal slavery among
-savages, p. 675 _sq._--The master's power over his slave among
-slave-holding savages, pp. 676-678.--Among the lower races slaves are
-generally treated kindly, pp. 678-680.--Intra-tribal slaves,
-especially such as are born in the house, generally treated better
-than extra-tribal or purchased slaves, p. 680 _sq._--Slavery among the
-nations of archaic culture, pp. 681-693.--The attitude of Christianity
-towards slavery, pp. 693-700.--The supposed causes of the extinction
-of slavery in Europe, pp. 697-701.--The chief cause the transformation
-of slavery into serfdom, p. 701.--Serfdom only a transitory condition
-leading up to a state of entire liberty, pp. 701-703.--The attitude of
-the Church towards serfdom, p. 703 _sq._--The negro slavery in the
-colonies of European countries and the Southern States of America, and
-the legislation relating to it, pp. 704-711.--The support given to it
-by the clergy, pp. 711-713.--The want of sympathy for, or positive
-antipathy to, the coloured race, p. 713 _sq._--The opinions regarding
-slavery and the condition of slaves influenced by altruistic
-considerations, p. 714 _sq._--The condition of slaves influenced by
-the selfish considerations of their masters, p. 715 _sq._
-
-
-
-
-THE ORIGIN AND DEVELOPMENT
-OF THE MORAL IDEAS
-
-
-
-
-THE ORIGIN AND DEVELOPMENT
-OF THE MORAL IDEAS
-
-
-INTRODUCTORY
-
-
-THE main object of this book will perhaps be best explained by a few
-words concerning its origin.
-
-Its author was once discussing with some friends the point how far a
-bad man ought to be treated with kindness. The opinions were divided,
-and, in spite of much deliberation, unanimity could not be attained.
-It seemed strange that the disagreement should be so radical, and the
-question arose, Whence this diversity of opinion? Is it due to
-defective knowledge, or has it a merely sentimental origin? And the
-problem gradually expanded. Why do the moral ideas in general differ
-so greatly? And, on the other hand, why is there in many cases such a
-wide agreement? Nay, why are there any moral ideas at all?
-
-Since then many years have passed, spent by the author in trying to
-find an answer to these questions. The present work is the result of
-his researches and thoughts.
-
-The first part of it will comprise a study of the moral concepts:
-right, wrong, duty, justice, virtue, merit, &c. Such a study will be
-found to require an examination into the moral emotions, their nature
-and origin, as also into the relations between these emotions and the
-various {2} moral concepts. There will then be a discussion of the
-phenomena to which such concepts are applied--the subjects of moral
-judgments. The general character of these phenomena will be
-scrutinised, and an answer sought to the question why facts of a
-certain type are matters of moral concern, while other facts are not.
-finally, the most important of these phenomena will be classified, and
-the moral ideas relating to each class will be stated, and, so far as
-possible, explained.
-
-An investigation of this kind cannot be confined to feelings and ideas
-prevalent in any particular society or at any particular stage of
-civilisation. Its subject-matter is the moral consciousness of mankind
-at large. It consequently involves the survey of an unusually rich and
-varied field of research--psychological, ethnographical, historical,
-juridical, theological. In the present state of our knowledge, when
-monographs on most of the subjects involved are wanting, I presume
-that such an undertaking is, strictly speaking, too big for any man;
-at any rate it is so for the writer of this book. Nothing like
-completeness can be aimed at. Hypotheses of varying degrees of
-probability must only too often be resorted to. Even the certainty of
-the statements on which conclusions are based is not always beyond a
-doubt. But though fully conscious of the many defects of his attempt,
-the author nevertheless ventures to think himself justified in placing
-it before the public. It seems to him that one of the most important
-objects of human speculation cannot be left in its present state of
-obscurity; that at least a glimpse of light must be thrown upon it by
-researches which have extended over some fifteen years; and that the
-main principles underlying the various customs of mankind may be
-arrived at even without subjecting these customs to such a full and
-minute treatment as would be required of an anthropological
-monograph.
-
-Possibly this essay, in spite of its theoretical character, may even
-be of some practical use. Though rooted in the emotional side of our
-nature, our moral {3} opinions are in a large measure amenable to
-reason. Now in every society the traditional notions as to what is
-good or bad, obligatory or indifferent, are commonly accepted by the
-majority of people without further reflection. By tracing them to
-their source it will be found that not a few of these notions have
-their origin in sentimental likings and antipathies, to which a
-scrutinising and enlightened judge can attach little importance;
-whilst, on the other hand, he must account blamable many an act and
-omission which public opinion, out of thoughtlessness, treats with
-indifference. It will, moreover, appear that a moral estimate often
-survives the cause from which it sprang. And no unprejudiced person
-can help changing his views if he be persuaded that they have no
-foundation in existing facts.
-
-
-
-
-CHAPTER I
-
-THE EMOTIONAL ORIGIN OF MORAL JUDGMENTS
-
-
-THAT the moral concepts are ultimately based on emotions either of
-indignation or approval, is a fact which a certain school of thinkers
-have in vain attempted to deny. The terms which embody these concepts
-must originally have been used--indeed they still constantly are so
-used--as direct expressions of such emotions with reference to the
-phenomena which evoked them. Men pronounced certain acts to be good or
-bad on account of the emotions those acts aroused in their minds, just
-as they called sunshine warm and ice cold on account of certain
-sensations which they experienced, and as they named a thing pleasant
-or painful because they felt pleasure or pain. But to attribute a
-quality to a thing is never the same as merely to state the existence
-of a particular sensation or feeling in the mind which perceives it.
-Such an attribution must mean that the thing, under certain
-circumstances, makes a certain impression on the mind. By calling an
-object warm or pleasant, a person asserts that it is apt to produce in
-him a sensation of heat or a feeling of pleasure. Similarly, to name
-an act good or bad, ultimately implies that it is apt to give rise to
-an emotion of approval or disapproval in him who pronounces the
-judgment. Whilst not affirming the actual existence of any specific
-emotion in the mind of the person judging or of anybody else, the
-predicate of a moral judgment attributes to the subject a tendency to
-arouse an emotion. The moral {5} concepts, then, are essentially
-generalisations of tendencies in certain phenomena to call forth moral
-emotions.
-
-However, as is frequently the case with general terms, these concepts
-are mentioned without any distinct idea of their contents. The
-relation in which many of them stand to the moral emotions is
-complicated; the use of them is often vague; and ethical theorisers,
-instead of subjecting them to a careful analysis, have done their best
-to increase the confusion by adapting the meaning of the terms to fit
-their theories. Very commonly, in the definition of the goodness or
-badness of acts, reference is made, not to their tendencies to evoke
-emotions of approval or indignation, but to the causes of these
-tendencies, that is, to those qualities in the acts which call forth
-moral emotions. Thus, because good acts generally produce pleasure and
-bad acts pain, goodness and badness have been identified with the
-tendencies of acts to produce pleasure or pain. The following
-statement of Sir James Stephen is a clearly expressed instance of this
-confusion, so common among utilitarians:--"Speaking generally, the
-acts which are called right do promote, or are supposed to promote
-general happiness, and the acts which are called wrong do diminish, or
-are supposed to diminish it. I say, therefore, that this is what the
-words 'right' and 'wrong' mean, just as the words 'up' and 'down' mean
-that which points from or towards the earth's centre of gravity,
-though they are used by millions who have not the least notion of the
-fact that such is their meaning, and though they were used for
-centuries and millenniums before any one was or even could be aware of
-it."[1] So, too, Bentham maintained that words like "ought," "right,"
-and "wrong," have no meaning unless interpreted in accordance with the
-principle of utility;[2] and James Mill was of opinion that "the very
-morality" of the act lies, not in the sentiments raised in the breast
-of him who perceives or contemplates it, but in "the consequences of
-the act, good or evil, and their being {6} within the intention of the
-agent."[3] He adds that a rational assertor of the principle of
-utility approves of an action "because it is good," and calls it good
-"because it conduces to happiness."[4] This, however, is to invert the
-sequence of the facts, since, properly speaking, an act is called good
-because it is approved of, and is approved of by an utilitarian in so
-far as it conduces to happiness.
-
-[Footnote 1: Stephen, _Liberty_, _Equality_, _Fraternity_, p. 338.]
-
-[Footnote 2: Bentham, _Principles of Morals and Legislation_, p. 4.]
-
-[Footnote 3: James Mill, _Fragment on Mackintosh_, pp. 5, 376.]
-
-[Footnote 4: _Ibid._ p. 368.]
-
-Such confusion of terms cannot affect the real meaning of the moral
-concepts. It is true that he who holds that "actions are right in
-proportion as they tend to promote happiness, wrong as they tend to
-produce the reverse of happiness,"[5] may, by a merely intellectual
-process, pass judgment on the moral character of particular acts; but,
-if he is an utilitarian from conviction, his first principle, at
-least, has an emotional origin. The case is similar with many of the
-moral judgments ordinarily passed by men. They are applications of
-some accepted general rule: conformity or non-conformity to the rule
-decides the rightness or wrongness of the act judged of. But whether
-the rule be the result of a person's independent deductions, or be
-based upon authority, human or divine, the fact that his moral
-consciousness recognises it as valid implies that it has an emotional
-sanction in his own mind.
-
-[Footnote 5: Stuart Mill, _Utilitarianism_, p. 9 _sq._]
-
-Whilst the import of the predicate of a moral judgment may thus in
-every case be traced back to an emotion in him who pronounces the
-judgment, it is generally assumed to possess the character of
-universality or "objectivity" as well. The statement that an act is
-good or bad does not merely refer to an individual emotion; as will be
-shown subsequently, it always has reference to an emotion of a more
-public character. Very often it even implies some vague assumption
-that the act must be recognised as good or bad by everybody who
-possesses a sufficient knowledge of the case and of all attendant
-circumstances, and who has a "sufficiently developed" {7} moral
-consciousness. We are not willing to admit that our moral convictions
-are a mere matter of taste, and we are inclined to regard convictions
-differing from our own as errors. This characteristic of our moral
-judgments has been adduced as an argument against the emotionalist
-theory of moral origins, and has led to the belief that the moral
-concepts represent qualities which are discerned by reason.
-
-Cudworth, Clarke, Price, and Reid are names which recall to our mind a
-theory according to which the morality of actions is perceived by the
-intellect, just as are number, diversity, causation, proportion.
-"Morality is eternal and immutable," says Richard Price. "Right and
-wrong, it appears, denote what actions are. Now whatever any thing is,
-that it is, not by will, or degree, or power, but by nature and
-necessity. Whatever a triangle or circle is, that it is unchangeably
-and eternally. . . . The same is to be said of right and wrong, of
-moral good and evil, as far as they express real characters of
-actions. They must immutably and necessarily belong to those actions
-of which they are truly affirmed."[6] And as having a real existence
-outside the mind, they can only be discerned by the understanding. It
-is true that this discernment is accompanied with an emotion: "Some
-impressions of pleasure or pain, satisfaction or disgust, generally
-attend our perceptions of virtue and vice. But these are merely their
-effects and concomitants, and not the perceptions themselves, which
-ought no more to be confounded with them, than a particular truth
-(like that for which Pythagoras offered a hecatomb) ought to be
-confounded with the pleasure that may attend the discovery of it."[7]
-
-[Footnote 6: Price, _Review of the Principal Questions in Morals_, pp.
-63, 74 _sq._]
-
-[Footnote 7: _Ibid._ p. 63.]
-
-According to another doctrine, the moral predicates, though not
-regarded as expressions of "theoretical" truth, nevertheless derive
-all their import from reason from "practical" or "moral" reason, as it
-is variously {8} called. Thus Professor Sidgwick holds that the
-fundamental notions represented by the word "ought" or "right," which
-moral judgments contain expressly or by implication, are essentially
-different from all notions representing facts of physical or psychical
-experience, and he refers such judgments to the "reason," understood
-as a faculty of cognition. By this he implies "that what ought to be
-is a possible object of knowledge, _i.e._, that what I judge ought to
-be, must, unless I am in error, be similarly judged by all rational
-beings who judge truly of the matter." The moral judgments contain
-moral _truths_, and "cannot legitimately be interpreted as judgments
-respecting the present or future existence of human feelings or any
-facts of the sensible world."[8]
-
-[Footnote 8: Sidgwick, _Methods of Ethics_, pp. 25, 33 _sq._]
-
-Yet our tendency to objectivise the moral judgments is no sufficient
-ground for referring them to the province of reason. If, in this
-respect, there is a difference between these judgments and others that
-are rooted in the subjective sphere of experience, it is, largely, a
-difference in degree rather than in kind. The aesthetic judgments,
-which indisputably have an emotional origin, also lay claim to a
-certain amount of "objectivity." By saying of a piece of music that it
-is beautiful, we do not merely mean that it gives ourselves aesthetic
-enjoyment, but we make a latent assumption that it must have a similar
-effect upon everybody who is sufficiently musical to appreciate it.
-This objectivity ascribed to judgments which have a merely subjective
-origin springs in the first place from the similarity of the mental
-constitution of men, and, generally speaking, the tendency to regard
-them as objective is greater in proportion as the impressions vary
-less in each particular case. If "there is no disputing of tastes,"
-that is because taste is so extremely variable; and yet even in this
-instance we recognise a certain "objective" standard by speaking of a
-"bad" and a "good" taste. On the other hand, if the appearance of
-objectivity in the moral judgments is so illusive as to {9} make it
-seem necessary to refer them to reason, that is partly on account of
-the comparatively uniform nature of the moral consciousness.
-
-Society is the school in which men learn to distinguish between right
-and wrong. The headmaster is Custom, and the lessons are the same for
-all. The first moral judgments were pronounced by public opinion;
-public indignation and public approval are the prototypes of the moral
-emotions. As regards questions of morality, there was, in early
-society, practically no difference of opinion; hence a character of
-universality, or objectivity, was from the very beginning attached to
-all moral judgments. And when, with advancing civilisation, this
-unanimity was to some extent disturbed by individuals venturing to
-dissent from the opinions of the majority, the disagreement was
-largely due to facts which in no way affected the moral principle, but
-had reference only to its application.
-
-Most people follow a very simple method in judging of an act.
-Particular modes of conduct have their traditional labels, many of
-which are learnt with language itself; and the moral judgment commonly
-consists simply in labelling the act according to certain obvious
-characteristics which it presents in common with others belonging to
-the same group. But a conscientious and intelligent judge proceeds in
-a different manner. He carefully examines all the details connected
-with the act, the external and internal conditions under which it was
-performed, its consequences, its motive; and, since the moral estimate
-in a large measure depends upon the regard paid to these
-circumstances, his judgment may differ greatly from that of the man in
-the street, even though the moral standard which they apply be exactly
-the same. But to acquire a full insight into all the details which are
-apt to influence the moral value of an act is in many cases anything
-but easy, and this naturally increases the disagreement. There is thus
-in every advanced society a diversity of opinion regarding the moral
-value of certain modes of conduct which results from circumstances of
-a purely {10} intellectual character--from the knowledge or ignorance
-of positive facts,--and involves no discord in principle.
-
-Now it has been assumed by the advocates of various ethical theories
-that all the differences of moral ideas originate in this way, and
-that there is some ultimate standard which must be recognised as
-authoritative by everybody who understands it rightly. According to
-Bentham, the rectitude of utilitarianism has been contested only by
-those who have not known their own meaning:--"When a man attempts to
-combat the principle of utility . . . his arguments, if they prove
-anything, prove not that the principle is wrong, but that, according
-to the applications he supposes to be made of it, it is
-misapplied."[9] Mr. Spencer, to whom good conduct is that "which
-conduces to life in each and all," believes that he has the support of
-"the true moral consciousness," or "moral consciousness proper,"
-which, whether in harmony or in conflict with the "pro-ethical"
-sentiment, is vaguely or distinctly recognised as the rightful
-ruler.[10] Samuel Clarke, the intuitionist, again, is of opinion that
-if a man endowed with reason denies the eternal and necessary moral
-differences of things, it is the very same "as if a man that has the
-use of his sight, should at the same time that he beholds the sun,
-deny that there is any such thing as light in the world; or as if a
-man that understands Geometry or Arithmetick, should deny the most
-obvious and known proportions of lines or numbers."[11] In short, all
-disagreement as to questions of morals is attributed to ignorance or
-misunderstanding.
-
-[Footnote 9: Bentham, _Principles of Morals and Legislation_, p. 4 _sq._]
-
-[Footnote 10: Spencer, _Principles of Ethics_, i. 45, 337 _sq._]
-
-[Footnote 11: Clarke, _Discourse concerning the Unchangeable
-Obligations of Natural Religion_, p. 179.]
-
-The influence of intellectual considerations upon moral judgments is
-certainly immense. We shall find that the evolution of the moral
-consciousness to a large extent consists in its development from the
-unreflecting to the reflecting, from the unenlightened to the
-enlightened. All higher emotions are determined by cognitions, they
-arise {11} from "the presentation of determinate objective
-conditions";[12] and moral enlightenment implies a true and
-comprehensive presentation of those objective conditions by which the
-moral emotions, according to their very nature, are determined.
-Morality may thus in a much higher degree than, for instance, beauty
-be a subject of instruction and of profitable discussion, in which
-persuasion is carried by the representation of existing data. But
-although in this way many differences may be accorded, there are
-points in which unanimity cannot be reached even by the most accurate
-presentation of facts or the subtlest process of reasoning.
-
-[Footnote 12: Marshall, _Pain_, _Pleasure_, _and Aesthetics_, p. 83.]
-
-Whilst certain phenomena will almost of necessity arouse similar moral
-emotions in every mind which perceives them clearly, there are others
-with which the case is different. The emotional constitution of man
-does not present the same uniformity as the human intellect. Certain
-cognitions inspire fear in nearly every breast; but there are brave
-men and cowards in the world, independently of the accuracy with which
-they realise impending danger. Some cases of suffering can hardly fail
-to awaken compassion in the most pitiless heart; but the sympathetic
-dispositions of men vary greatly, both in regard to the beings with
-whose sufferings they are ready to sympathise, and with reference to
-the intensity of the emotion. The same holds good for the moral
-emotions. The existing diversity of opinion as to the rights of
-different classes of men and of the lower animals, which springs from
-emotional differences, may no doubt be modified by a clearer insight
-into certain facts, but no perfect agreement can be expected as long
-as the conditions under which the emotional dispositions are formed
-remain unchanged. Whilst an enlightened mind _must_ recognise the
-complete or relative irresponsibility of an animal, a child, or a
-madman, and _must_ be influenced in its moral judgment by the motives
-of an act--no intellectual enlightenment, no scrutiny of facts, can
-decide how far the interests of the {12} lower animals should be
-regarded when conflicting with those of men, or how far a person is
-bound, or allowed, to promote the welfare of his nation, or his own
-welfare, at the cost of that of other nations or other individuals.
-Professor Sidgwick's well-known moral axiom, "I ought not to prefer my
-own lesser good to the greater good of another,"[13] would, if
-explained to a Fuegian or a Hottentot, be regarded by him, not as
-self-evident, but as simply absurd; nor can it claim general
-acceptance even among ourselves. Who is that "Another" to whose
-greater good I ought not to prefer my own lesser good? A
-fellow-countryman, a savage, a criminal, a bird, a fish--all without
-distinction? It will, perhaps, be argued that on this, and on all
-other points of morals, there would be general agreement, if only the
-moral consciousness of men were sufficiently developed.[14] But then,
-when speaking of a "sufficiently developed" moral consciousness
-(beyond insistence upon a full insight into the governing facts of
-each case), we practically mean nothing else than agreement with our
-own moral convictions. The expression is faulty and deceptive,
-because, if intended to mean anything more, it presupposes an
-objectivity of the moral judgments which they do not possess, and at
-the same time seems to be proving what it presupposes. We may speak of
-an intellect as sufficiently developed to grasp a certain truth,
-because truth is objective; but it is not proved to be objective by
-the fact that it is recognised as true by a "sufficiently developed"
-intellect. The objectivity of truth lies in the recognition of facts
-as true by all who understand them _fully_, whilst the appeal to a
-_sufficient_ knowledge assumes their objectivity. To the verdict of a
-perfect intellect, that is, an intellect which knows everything
-existing, all would submit; but we can form no idea of a moral
-consciousness which could lay claim to a similar authority. If the
-believers in an all-good {13} God, who has revealed his will to
-mankind, maintain that they in this revelation possess a perfect moral
-standard, and that, consequently, what is in accordance with such a
-standard must be objectively right, it may be asked what they mean by
-an "all-good" God. And in their attempt to answer this question, they
-would inevitably have to assume the objectivity they wanted to prove.
-
-[Footnote 13: Sidgwick, _op. cit._ p. 383.]
-
-[Footnote 14: This, in fact, was the explanation given by Professor
-Sidgwick himself in a conversation which I had with him regarding his
-moral axioms.]
-
-The error we commit by attributing objectivity to moral estimates
-becomes particularly conspicuous when we consider that these estimates
-have not only a certain quality, but a certain quantity. There are
-different degrees of badness and goodness, a duty may be more or less
-stringent, a merit may be smaller or greater.[15] These quantitative
-differences are due to the emotional origin of all moral concepts.
-Emotions vary in intensity almost indefinitely, and the moral emotions
-form no exception to this rule. Indeed, it may be fairly doubted
-whether the same mode of conduct ever arouses exactly the same degree
-of indignation or approval in any two individuals. Many of these
-differences are of course too subtle to be manifested in the moral
-judgment; but very frequently the intensity of the emotion is
-indicated by special words, or by the way in which the judgment is
-pronounced. It should be noticed, however, that the quantity of the
-estimate expressed in a moral predicate is not identical with the
-intensity of the moral emotion which a certain mode of conduct arouses
-on a special occasion. We are liable to feel more indignant if an
-injury is committed before our eyes than if we read of it in a
-newspaper, and yet we admit that the degree of wrongness is in both
-cases the same. The quantity of moral estimates is determined by the
-intensity of the emotions which their objects tend to evoke under
-exactly similar external circumstances.
-
-[Footnote 15: It will be shown in a following chapter why there are no
-degrees of rightness. This concept implies accordance with the moral
-law. The adjective "right" means that duty is fulfilled.]
-
-{14} Besides the relative uniformity of moral opinions, there is
-another circumstance which tempts us to objectivise moral judgments,
-namely, the authority which, rightly or wrongly, is ascribed to moral
-rules. From our earliest childhood we are taught that certain acts
-_are_ right and that others _are_ wrong. Owing to their exceptional
-importance for human welfare, the facts of the moral consciousness are
-emphasised in a much higher degree than any other subjective facts. We
-are allowed to have our private opinions about the beauty of things,
-but we are not so readily allowed to have our private opinions about
-right and wrong. The moral rules which are prevalent in the society to
-which we belong are supported by appeals not only to human, but to
-divine, authority, and to call in question their validity is to rebel
-against religion as well as against public opinion. Thus the belief in
-a moral order of the world has taken hardly less firm hold of the
-human mind than the belief in a natural order of things. And the moral
-law has retained its authoritativeness even when the appeal to an
-external authority has been regarded as inadequate. It filled Kant
-with the same awe as the star-spangled firmament. According to Butler,
-conscience is "a faculty in kind and in nature supreme over all
-others, and which bears its own authority of being so."[16] Its
-supremacy is said to be "felt and tacitly acknowledged by the worst no
-less than by the best of men."[17] Adam Smith calls the moral
-faculties the "vicegerents of God within us," who "never fail to
-punish the violation of them by the torments of inward shame and
-self-condemnation; and, on the contrary, always reward obedience with
-tranquillity of mind, with contentment, and self-satisfaction."[18]
-Even Hutcheson, who raises the question why the moral sense should not
-vary in different men as the palate does, considers it {15} "to be
-naturally destined to command all the other powers."[19]
-
-[Footnote 16: Butler, 'Sermon II.--Upon Human Nature,' in _Analogy of
-Religion_, _&c._ p. 403.]
-
-[Footnote 17: Dugald Stewart, _Philosophy of the Active and Moral
-Powers of Man_, i. 302.]
-
-[Footnote 18: Adam Smith, _Theory of Moral Sentiments_, p. 235.]
-
-[Footnote 19: Hutcheson, _System of Moral Philosophy_, i. 61.]
-
-Authority is an ambiguous word. It may indicate knowledge of truth,
-and it may indicate a rightful power to command obedience. The
-authoritativeness attributed to the moral law has often reference to
-both kinds of authority. The moral lawgiver lays down his rules in
-order that they should be obeyed, and they are authoritative in so far
-as they have to be obeyed. But he is also believed to know what is
-right and wrong, and his commands are regarded as expressions of moral
-truths. As we have seen, however, this latter kind of authority
-involves a false assumption as to the nature of the moral predicates,
-and it cannot be justly inferred from the power to command. Again, if
-the notion of an external lawgiver be put aside, the moral law does
-not generally seem to possess supreme authority in either sense of the
-word. It does not command obedience in any exceptional degree; few
-laws are broken more frequently. Nor can the regard for it be called
-the mainspring of action; it is only one spring out of many, and
-variable like all others. In some instances it is the ruling power in
-a man's life, in others it is a voice calling in the desert; and the
-majority of people seem to be more afraid of the blame or ridicule of
-their fellowmen, or of the penalties with which the law threatens
-them, than of "the vicegerents of God" in their own hearts. That
-mankind prefer the possession of virtue to all other enjoyments, and
-look upon vice as worse than any other misery,[20] is unfortunately an
-imagination of some moralists who confound men as they are with men as
-they ought to be.
-
-[Footnote 20: _Idem_, _Inquiry into the Original of our Ideas of
-Beauty and Virtue_, p. 248.]
-
-It is said that the authority of the moral law asserts itself every
-time the law is broken, that virtue bears in itself its own reward,
-and vice its own punishment. But, to be sure, conscience is a very
-unjust retributer. The more a person habituates himself to virtue the
-more he {16} sharpens its sting, the deeper he sinks in vice the more
-he blunts it. Whilst the best men have the most sensitive consciences,
-the worst have hardly any conscience at all. It is argued that the
-habitual sinner has rid himself of remorse at a great cost;[21] but it
-may be fairly doubted whether the loss is an adequate penalty for his
-wickedness. We are reminded that men are rewarded for good and
-punished for bad acts by the moral feelings of their neighbours. But
-public opinion and law judge of detected acts only. Their judgment is
-seldom based upon an exhaustive examination of the case. They often
-apply a standard which is itself open to criticism. And the feelings
-with which men regard their fellow-creatures, and which are some of
-the main sources of human happiness and suffering, have often very
-little to do with morality. A person is respected or praised, blamed
-or despised, on other grounds than his character. Nay, the admiration
-which men feel for genius, courage, pluck, strength, or accidental
-success, is often superior in intensity to the admiration they feel
-for virtue.
-
-[Footnote 21: Ziegler, _Social Ethics_, p. 103.]
-
-In spite of all this, however, the supreme authority assigned to the
-moral law is not altogether an illusion. It really exists in the minds
-of the best, and is nominally acknowledged by the many. By this I do
-not refer to the universal admission that the moral law, whether
-obeyed or not, ought under all circumstances to be obeyed; for this is
-the same as to say that what ought to be ought to be. But it is
-recognised, in theory at least, that morality, either alone or in
-connection with religion, possesses a higher value than anything else;
-that rightness and goodness are preferable to all other kinds of
-mental superiority, as well as of physical excellence. If this theory
-is not more commonly acted upon, that is due to its being, in most
-people, much less the outcome of their own feelings than of
-instruction from the outside. It is ultimately traceable to some great
-teacher whose own mind was ruled by the ideal of moral perfection, and
-whose {17} words became sacred on account of his supreme wisdom, like
-Confucius or Buddha,[22] or on religious grounds, like Jesus. The
-authority of the moral law is thus only an expression of a strongly
-developed, overruling moral consciousness. It can hardly, as Mr.
-Sidgwick maintains, be said to "depend upon" the conception of the
-objectivity of duty.[23] On the contrary, it must be regarded as a
-cause of this conception--not only, as has already been pointed out,
-where it is traceable to some external authority, but where it results
-from the strength of the individual's own moral emotions. As clearness
-and distinctness of the conception of an object easily produces the
-belief in its truth, so the intensity of a moral emotion makes him who
-feels it disposed to objectivise the moral estimate to which it gives
-rise, in other words, to assign to it universal validity. The
-enthusiast is more likely than anybody else to regard his judgments as
-true, and so is the moral enthusiast with reference to his moral
-judgments. The intensity of his emotions makes him the victim of an
-illusion.
-
-[Footnote 22: "Besides the ideal king, the personification of Power
-and Justice, another ideal has played an important part in the
-formation of early Buddhist ideas regarding their Master. . . . It was
-the ideal of a perfectly Wise Man, the personification of Wisdom, the
-Buddha" (Rhys Davids, _Hibbert Lectures on Some Points in the History
-of Buddhism_, p. 141).]
-
-[Footnote 23: Sidgwick, _op. cit._ p. 104.]
-
-The presumed objectivity of moral judgments thus being a chimera,
-there can be no moral truth in the sense in which this term is
-generally understood. The ultimate reason for this is, that the moral
-concepts are based upon emotions, and that the contents of an emotion
-fall entirely outside the category of truth. But it may be true or not
-that we have a certain emotion, it may be true or not that a given
-mode of conduct has a tendency to evoke in us moral indignation or
-moral approval. Hence a moral judgment is true or false according as
-its subject has or has not that tendency which the predicate
-attributes to it. If I say that it is wrong to resist evil, and yet
-resistance to evil has no tendency whatever to call {18} forth in me
-an emotion of moral disapproval, then my judgment is false.
-
-If there are no general moral truths, the object of scientific ethics
-cannot be to fix rules for human conduct, the aim of all science being
-the discovery of some truth. It has been said by Bentham and others
-that moral principles cannot be proved because they are first
-principles which are used to prove everything else.[24] But the real
-reason for their being inaccessible to demonstration is that, owing to
-their very nature, they can never be true. If the word "Ethics," then,
-is to be used as the name for a science, the object of that science
-can only be to study the moral consciousness as a fact.[25]
-
-[Footnote 24: Bentham, _Principles of Morals and Legislation_, p. 4.
-_Cf._ Höffding, _Etik_, p. 43.]
-
-[Footnote 25: _Cf._ Simmel, _Einleitung in die Moralwissenschaft_, i.
-p. iii. _sq._; Westermarck, 'Normative und psychologische Ethik,' in
-_Dritter Internationaler Congress für Psychologie in München_,
-p. 428 _sq._]
-
-Ethical subjectivism is commonly held to be a dangerous doctrine,
-destructive to morality, opening the door to all sorts of libertinism.
-If that which appears to each man as right or good, stands for that
-which is right or good; if he is allowed to make his own law, or to
-make no law at all; then, it is said, everybody has the natural right
-to follow his caprice and inclinations, and to hinder him from doing
-so is an infringement on his rights, a constraint with which no one is
-bound to comply provided that he has the power to evade it. This
-inference was long ago drawn from the teaching of the Sophists,[26]
-and it will no doubt be still repeated as an argument against any
-theorist who dares to assert that nothing can be said to be truly
-right or wrong.
-
-[Footnote 26: Zeller, _History of Greek Philosophy_, ii. 475.]
-
-To this argument may, first, be objected that a scientific theory is
-not invalidated by the mere fact that it is likely to cause mischief.
-The unfortunate circumstance that there do exist dangerous things in
-the world, proves that something may be dangerous and yet true.
-Another question is whether any scientific truth really is mischievous
-{19} on the whole, although it may cause much discomfort to certain
-people. I venture to believe that this, at any rate, is not the case
-with that form of ethical subjectivism which I am here advocating. The
-charge brought against the Sophists does not at all apply to it. I do
-not even subscribe to that beautiful modern sophism which admits every
-man's conscience to be an infallible guide. If we had to recognise, or
-rather if we did recognise, as right everything which is held to be
-right by anybody, savage or Christian, criminal or saint, morality
-would really suffer a serious loss. But we do not, and we cannot, do
-so. My moral judgments are my own judgments; they spring from my own
-moral consciousness; they judge of the conduct of other men not from
-their point of view but from mine, not with primary reference to their
-opinions about right and wrong, but with reference to my own. Most of
-us indeed admit that, when judging of an act, we also ought to take
-into consideration the moral conviction of the agent, and the
-agreement or disagreement between his doing and his idea of what he
-ought to do. But although we hold it to be wrong of a person to act
-against his conscience, we may at the same time blame him for having
-such a conscience as he has. Ethical subjectivism covers all such
-cases. It certainly does not allow everybody to follow his own
-inclinations; nor does it lend sanction to arbitrariness and caprice.
-Our moral consciousness belongs to our mental constitution, which we
-cannot change as we please. We approve and we disapprove because we
-cannot do otherwise. Can we help feeling pain when the fire burns us?
-Can we help sympathising with our friends? Are these phenomena less
-necessary or less powerful in their consequences, because they fall
-within the subjective sphere of experience? So, too, why should the
-moral law command less obedience because it forms part of our own
-nature?
-
-Far from being a danger, ethical subjectivism seems to me more likely
-to be an acquisition for moral practice. {20} Could it be brought home
-to people that there is no absolute standard in morality, they would
-perhaps be somewhat more tolerant in their judgments, and more apt to
-listen to the voice of reason. If the right has an objective
-existence, the moral consciousness has certainly been playing at
-blindman's buff ever since it was born, and will continue to do so
-until the extinction of the human race. But who does admit this? The
-popular mind is always inclined to believe that it possesses the
-knowledge of what _is_ right and wrong, and to regard public opinion
-as the reliable guide of conduct. We have, indeed, no reason to regret
-that there are men who rebel against the established rules of
-morality; it is more deplorable that the rebels are so few, and that,
-consequently, the old rules change so slowly. Far above the vulgar
-idea that the right is a settled something to which everybody has to
-adjust his opinions, rises the conviction that it has its existence in
-each individual mind, capable of any expansion, proclaiming its own
-right to exist, and, if need be, venturing to make a stand against the
-whole world. Such a conviction makes for progress.
-
-
-
-
-CHAPTER II
-
-THE NATURE OF THE MORAL EMOTIONS
-
-
-IN the preceding chapter it was asserted, in general terms, that the
-moral concepts are based on emotions, and the leading arguments to the
-contrary were met. We shall now proceed to examine the nature of the
-moral emotions.
-
-These emotions are of two kinds: disapproval, or indignation, and
-approval. They have in common characteristics which make them moral
-emotions, in distinction from others of a non-moral character, but at
-the same time both of them belong to a wider class of emotions, which
-I call retributive emotions. Again, they differ from each other in
-points which make each of them allied to certain non-moral retributive
-emotions, disapproval to anger and revenge, and approval to that kind
-of retributive kindly emotion which in its most developed form is
-gratitude. They may thus, on the one hand, be regarded as two distinct
-divisions of the moral emotions, whilst, on the other hand,
-disapproval, like anger and revenge, forms a sub-species of
-resentment, and approval, like gratitude, forms a sub-species of
-retributive kindly emotion. The following diagram will help to
-elucidate the matter:--
-
-                           Retributive Emotions.
-                                     |
-                  ----------------------------------------
-                  |                                      |
-              Resentment.                   Retributive Kindly Emotion.
-                  |                                      |
-        -----------------             ---------------------------
-        |               |             |                         |
-  Anger and          Moral          Moral          Non-moral retributive
-   Revenge.       disapproval.     approval            Kindly Emotion,
-                        |             |              including Gratitude.
-                        ---------------
-                               |
-                        Moral Emotions.
-
-{22} That moral disapproval is a kind of resentment and akin to anger
-and revenge, and that moral approval is a kind of retributive kindly
-emotion and akin to gratitude, are, of course, statements which call
-for proof. An analysis of all these emotions, and a detailed study of
-the causes which evoke them, will, I hope, bear out the correctness of
-my classification. In this connection only the analysis can be
-attempted. The study of causes will be involved in the treatment of
-the subjects of moral judgments.
-
-Resentment may be described as an aggressive attitude of mind towards
-a cause of pain. Anger is sudden resentment, in which the hostile
-reaction against the cause of pain is unrestrained by deliberation.
-Revenge, on the other hand, is a more deliberate form of non-moral
-resentment, in which the hostile reaction is more or less restrained
-by reason and calculation.[1] It is impossible, however, to draw any
-distinct limit between these two types of resentment, as also to
-discern where an actual desire to inflict pain comes in. In its
-primitive form, anger, even when directed against a living being,
-contains a vehement impulse to remove the cause of pain without any
-real desire to produce suffering.[2] Anger is strikingly shown by many
-fish, and notoriously by sticklebacks when their territory is invaded
-by other sticklebacks. In such circumstances of provocation the whole
-animal changes colour, and, darting at the trespasser, shows rage and
-fury in every movement;[3] but we can hardly believe that any idea of
-inflicting pain is present to its mind. As we proceed still lower down
-the scale of animal life we find the conative element itself gradually
-dwindle away until nothing is left but mere reflex action.
-
-[Footnote 1: _Cf._ Ribot, _Psychology of the Emotions_, p. 220 _sqq._]
-
-[Footnote 2: There are some good remarks on this in Mr. Hiram
-Stanley's _Studies in the Evolutionary Psychology of Feeling_,
-p. 138 _sq._]
-
-[Footnote 3: Romanes, _Animal Intelligence_, p. 246 _sqq._]
-
-That the fury of an injured animal turns against the real or assumed
-cause of its injury is a matter of notoriety, and everybody knows that
-the same is the case with the {23} anger of a child. No doubt, as
-Professor Sully observes, "hitting out right and left, throwing things
-down on the floor and breaking them, howling, wild agitated movements
-of the arms and whole body, these are the outward vents which the gust
-of childish fury is apt to take."[4] But, on the other hand, we know
-well enough that Darwin's little boy, who became a great adept at
-throwing books and sticks at any one who offended him,[5] was in this
-respect no exceptional child. Towards the age of one year, according
-to M. Perez, children "will beat people, animals, and inanimate
-objects if they are angry with them; they will throw their toys, their
-food, their plate, anything, in short, that is at hand, at the people
-who have displeased them."[6] That a similar discrimination
-characterises the resentment of a savage is a fact upon which it is
-necessary to dwell at some length for the reason that it has been
-disputed, and because there are some seeming anomalies which require
-an explanation.
-
-[Footnote 4: Sully, _Studies in Childhood_, p. 232 _sq._]
-
-[Footnote 5: Darwin, 'Biographical Sketch of an Infant,' in _Mind_,
-ii. 288.]
-
-[Footnote 6: Perez, _first Three Years of Childhood_, p. 66 _sq._]
-
-In a comprehensive work,[7] Dr. Steinmetz has made the feeling of
-revenge the object of a detailed investigation, which cannot be left
-unnoticed. The ultimate conclusions at which he has arrived are these:
-Revenge is essentially rooted in the feeling of power and superiority.
-It arises consequently upon the experience of injury, and its aim is
-to enhance the "self-feeling" which has been lowered or degraded by
-the injury suffered. It answers this purpose best if it is directed
-against the aggressor himself, but it is not essential to it that it
-should take any determinate direction, for, _per se_, and originally,
-it is "undirected."[8]
-
-[Footnote 7: _Ethnologische Studien zur ersten Entwicklung der
-Strafe_.]
-
-[Footnote 8: Strictly speaking, this theory is not new. Dr. Paul Rée,
-in his book _Die Entstehung des Gewissens_, has pronounced revenge to
-be a reaction against the feeling of inferiority which the aggressor
-impresses upon his victim. The injured man, he says (_ibid._ p. 40) is
-naturally reluctant to feel himself inferior to another man, and
-consequently strives, by avenging the aggression, to show himself
-equal or even superior to the aggressor. A similar view was previously
-expressed by Schopenhauer (_Parerga und Paralipomena_, ii. 475 _sq._).
-But Dr. Steinmetz has elaborated his theory with an independence and
-fulness which make any question of priority quite insignificant.]
-
-{24} We are told, in fact, that the first stage through which revenge
-passed within the human race was characterised by a total, or almost
-total, want of discrimination. The aim of the offended man was merely
-to raise his injured "self-feeling" by inflicting pain upon somebody
-else, and his savage desire was satisfied whether the man on whom he
-wreaked his wrath was guilty or innocent.[9] No doubt, there were from
-the outset instances in which the offender himself was purposely made
-the victim, especially if he was a fellow-tribesman; but it was not
-really due to the feeling of revenge if the suffering was inflicted
-upon him, in preference to others. Even primitive man must have found
-out that vengeance directed against the actual culprit, besides being
-a strong deterrent to others, was a capital means of making a
-dangerous person harmless. However, Dr. Steinmetz adds, these
-advantages should not be overestimated, as even indiscriminate revenge
-has a deterring influence on the malefactor.[10] In early times, then,
-vengeance, according to Dr. Steinmetz, was in the main "undirected."
-
-[Footnote 9: Steinmetz, _op. cit._ i. 355, 356, 359, 561.]
-
-[Footnote 10: _Ibid._ i. 362.]
-
-At the next stage it becomes, he says, somewhat less indiscriminate. A
-proper victim is sought for even in cases of what we should call
-natural death, which the savage generally attributes to the ill-will
-of some foe skilled in sorcery;[11] though indeed Dr. Steinmetz doubts
-whether in such cases the unfortunate sufferer is really supposed to
-have committed the deed imputed to him.[12] At all events, a need is
-felt of choosing somebody for a victim, and "undirected" vengeance
-gradually gives way to "directed" vengeance. A rude specimen of this
-is the blood-feud, in which the individual culprit is left out of
-consideration, but war is carried on against the group of which he is
-a member, either his family or his tribe. And {25} from this system of
-joint responsibility we finally come, by slow degrees, says Dr.
-Steinmetz, to the modern conception, according to which punishment
-should be inflicted upon the criminal and nobody else.[13] Dr.
-Steinmetz believes that the _vis agens_ in this long process of
-evolution lies in the intellectual development of the human race: man
-found out more and more distinctly that the best means of restraining
-wrongs was to punish a certain person, namely, the wrong-doer.[14] On
-this utilitarian calculation our author lays much stress in the latter
-part of his investigation; whereas in another place he observes that a
-revenge which is directed against the offender is particularly apt to
-remove the feeling of inferiority, by effectually humiliating the
-hitherto triumphant foe.[15]
-
-[Footnote 11: _Ibid._ i. 356 _sq._]
-
-[Footnote 12: _Ibid._ i. 359 _sq._]
-
-[Footnote 13: Steinmetz, _op. cit._ i. 361.]
-
-[Footnote 14: _Ibid._ i. 358, 359, 361 _sq._]
-
-[Footnote 15: _Ibid._ i. 111.]
-
-In this historical account the main points of interest are the initial
-stage of "undirected" vengeance, and the way in which such vengeance
-gradually became discriminate. If, in primitive times, a man did not
-care in the least on whom he retaliated an injury, then of course the
-direction of his vengeance could not be essential to the revenge
-itself, but would be merely a later appendix to it. The question is,
-what evidence can Dr. Steinmetz adduce to support his theory? Of
-primitive man we have no direct experience; no savage people now
-existing is a faithful representative of him, either physically or
-mentally. Yet however greatly the human race has changed, primitive
-man is not altogether dead. Traits of his character still linger in
-his descendants; and of primitive revenge, we are told, there are
-sufficient survivals left.[16]
-
-[Footnote 16: _Ibid._ i. 364.]
-
-Under the heading "Perfectly Undirected Revenge," Dr. Steinmetz
-sets out several alleged cases of such so-called survivals[17] 1. An
-Indian of the Omaha tribe, who was kicked out of a trading
-establishment which he had been forbidden to enter, declared in a rage
-that he would revenge himself for an injury so gross, and, "seeking
-some object to destroy, he encountered a {26} sow and pigs, and
-appeased his rage by putting them all to death." 2. The people of that
-same tribe believe that if a man who has been struck by lightning is
-not buried in the proper way, and in the place where he has been
-killed, his spirit will not rest in peace, but will walk about till
-another person is slain by lightning and laid beside him. 3. At the
-burial of a Loucheux Indian, the relatives sometimes will cut and
-lacerate their bodies, or, as sometimes happens, will, "in a fit of
-revenge against fate," stab some poor, friendless person who may be
-sojourning among them. 4. The Navahoes, when jealous of their wives,
-are apt to wreak their spleen and ill-will upon the first person whom
-they chance to meet. 5. The Great Eskimo, as it is reported, once
-after a severe epidemic swore to kill all white people who might
-venture into their country. 6. The Australian father, whose little
-child happens to hurt itself, attacks his innocent neighbours,
-believing that he thus distributes the pain among them and
-consequently lessens the suffering of the child. 7. The Brazilian
-Tupis ate the vermin which molested them, for the sake of revenge; and
-if one of them struck his foot against a stone, he raged over it and
-bit it, whilst, if he were wounded with an arrow, he plucked it out
-and gnawed the shaft. 8. The Dacotahs avenge theft by stealing the
-property of the thief or of somebody else. 9. Among the Tshatrali
-(Pamir), if a man is robbed of his meat by a neighbour's dog, he will,
-in a fit of rage, not only kill the offending dog, but will, in
-addition, kick his own. 10. In New Guinea the bearers of evil tidings
-sometimes get knocked on the head during the first outburst of
-indignation evoked by their news. 11. Some natives of Motu, who had
-rescued two shipwrecked crews and safely brought them to their home in
-Port Moresby, were attacked there by the very friends of those they
-had saved, the reason for this being that the Port Moresby people were
-angry at the loss of the canoes, and could not bear that the Motuans
-were happy while they themselves were in trouble. 12. Another story
-from New Guinea tells us of a man who killed some innocent persons,
-because he had been disappointed in his plans and deprived of valuable
-property. 13. Among the Maoris it sometimes happened that the friends
-of a murdered man killed the first man who came in their way, whether
-enemy or friend. 14. Among the same people, chiefs who had suffered
-some loss often used to rob their subjects of property in order to
-make good the damage. 15. If the son of a Maori is hurt, his maternal
-relatives, to whose tribe he is considered to belong, come to pillage
-his father's house or village. 16. If {27} a tree falls on a Kuki his
-fellows chop it up, and if one of that tribe kills himself by falling
-from a tree the tree from which he fell is promptly cut down. 17. In
-some parts of Daghestan, when the cause of a death is unknown, the
-relatives of the deceased declare some person chosen at random to have
-murdered him, and retaliate his death upon that person.
-
-[Footnote 17: _Ibid._ i. 318 _sqq._]
-
-I have been obliged to enumerate all these cases for the reason that a
-theory cannot be satisfactorily refuted unless on its own ground. I
-may confess at once that I scarcely ever saw an hypothesis vindicated
-by the aid of more futile evidence. The cases 7 and 16 illustrate just
-the reverse of "undirected" revenge, and, when we take into
-consideration the animistic beliefs of savages, present little to
-astonish us. In case 17 the guilt is certainly imputed to somebody at
-random, but only when the culprit is unknown. Cases 1, 4, 10 and 12
-and perhaps also 11, imply that revenge is taken upon an innocent
-party in a fit of passion; in cases 1 and 12 the offender himself
-cannot be got at, in case 10 the man who is knocked on the head
-appears for the moment as the immediate cause of the grief or
-indignation evoked, while case 11 exhibits envy combined with extreme
-ingratitude. In case 9 the anger is chiefly directed against the
-"guilty" dog, and against the "innocent" one evidently by an
-association of ideas. Cases 8 and 14 illustrate indemnification for
-loss of property, and in case 8 the thief himself is specifically
-mentioned first. In case 15 the revenging attack is made upon the
-property of those people among whom the child lives, and who may be
-considered responsible for the loss its maternal clan sustains by the
-injury. Case 6 merely shows the attempt of a superstitious father to
-lessen the suffering of his child. As regards case 5, Petitot, who has
-recorded it, says expressly that the white people were supposed to
-have caused the epidemic by displeasing the god Tornrark.[18] Case 2
-points to a superstitious belief which is interesting enough in
-itself, but which, so far as I can see, is without any bearing
-whatever on the point we are discussing. Case 3 looks like a
-death-offering. The stabbing of an innocent person is mentioned in
-connection with, or rather as an alternative to, the self-laceration
-of the mourners, which last has probably a sacrificial character.
-Moreover, there is in this case no question of a culprit. In case 13,
-finally, the idea of sacrifice is very conspicuous. Dr. Steinmetz has
-borrowed his statement from Waitz, whose account is incomplete.
-Dieffenbach, the original authority, says that the custom in question
-was called by the Maori _taua tapu_, _i.e._, sacred fight, {28} or
-_taua toto_, _i.e._, fight for blood. He describes it as follows:--"If
-blood has been shed, a party sally forth and kill the first person
-they fall in with, whether an enemy or belonging to their own tribe;
-even a brother is sacrificed. If they do not fall in with anybody, the
-_tohunga_ (that is, the priest) pulls up some grass, throws it into a
-river, and repeats some incantation. After this ceremony, the killing
-of a bird, or any living thing that comes in their way, is regarded as
-sufficient, provided that blood is actually shed. All who participate
-in such an excursion are _tapu_, and are not allowed either to smoke
-or to eat anything but indigenous food."[19] It seems probable that
-this ceremony was undertaken in order to appease the enraged spirit of
-the dead,[20] and at the same time it may have been intended to
-refresh the spirit with blood.[21] The question, however, is, Why was
-not his death avenged upon the actual culprit? To this Dr. Steinmetz
-would answer that the deceased was thought to be indiscriminate in his
-craving for vengeance.[22] But so far as the resentment of the dead is
-concerned, the "sacred fight" of the Maoris only seems to illustrate
-the impulsive character of anger. From Dieffenbach's description of
-it, it is obvious that the friends of the slain man considered it to
-be a matter of paramount importance that blood should be shed
-immediately. If no human being came in their way, an animal was
-killed, but then an incantation was uttered beforehand. I presume that
-the reason for this was the terror which the supposed wrath of the
-dead man's spirit struck into the living, combined perhaps with the
-idea that it was in immediate need of fresh blood. The Maoris
-considered all spirits of the dead to be maliciously inclined towards
-them,[23] and the ghost of a person who had died a violent death was
-certainly looked upon as especially dangerous. The craving for
-instantaneous shedding of blood is even more conspicuous in another
-case which may be appropriately mentioned in this connection. The
-Aetas of the Philippine Islands, we are told, "do not always {29} wait
-for the death of the afflicted before they bury him. Immediately after
-the body has been deposited in the grave, it becomes necessary,
-according to their usages, that his death should be avenged. The
-hunters of the tribe go out with their lances and arrows to kill the
-first living creature they meet with, whether a man, a stag, a wild
-hog, or a buffalo."[24] Dr. Steinmetz himself quotes some other
-instances from the same group of islands, in which, when a man dies,
-his nearest kinsmen go out to requite his death by the death of the
-first man who comes in their way.[25] It is worth noticing that the
-Philippine Islanders have the very worst opinion of their ghosts, and
-believe that these are particularly bloodthirsty soon after death.[26]
-
-[Footnote 18: Petitot, _Les Grands Esqimaux_, p. 207 _sq._]
-
-[Footnote 19: Dieffenbach, _Travels in New Zealand_, ii. 127.]
-
-[Footnote 20: _Cf._ _ibid._ ii. 129.]
-
-[Footnote 21: The latter object is suggested by some funeral
-ceremonies which will be noticed in a following chapter. Among the
-Dyaks, "a father who lost his child would go out and kill the first
-man he met, as a funeral ceremony," believing that he thus provided
-the deceased with a slave to accompany him to the habitation of souls
-(Tylor, _Primitive Culture_, i. 459). Among the Garos, it was formerly
-the practice, "whenever the death of a great man amongst them
-occurred, to send out a party of assassins to murder and bring back
-the head of the first Bengali they met. The victims so immolated
-would, it was supposed, be acceptable to their gods" (Dalton,
-_Descriptive Ethnology of Bengal_, p. 68).]
-
-[Footnote 22: _Cf._ Steinmetz, _op. cit._ i. 343.]
-
-[Footnote 23: Taylor, _Te Ika a Maui_, p. 221.]
-
-[Footnote 24: Earl, _Papuans_, p. 132.]
-
-[Footnote 25: Steinmetz, _op. cit._ i. 335 _sq._]
-
-[Footnote 26: Blumentritt, 'Der Ahnencultus der Malaien des
-Philippinen-Archipels' in _Mittheilungen der Geogr. Gesellsch. in
-Wien_, xxv. 166 _sqq._ De Mas, _Informe sobre el estado de las Islas
-filipinas en 1842_, _Orijen, &c._ p. 15.]
-
-Dr. Steinmetz also refers to some statements according to which, among
-certain Australian tribes, the relatives of a person who dies avenge
-his death by killing an innocent man.[27] But in these cases the
-avenged death, though "natural" according to our terminology, is, in
-the belief of the savages, caused by sorcery, and the revenge is not
-so indiscriminate as Dr. Steinmetz seems to assume. Among the
-Wellington tribe, as appears from a statement which he quotes himself,
-it is the sorcerer's life that must be taken for satisfaction.[28] In
-New South Wales, after the dead man has been interrogated as to the
-cause of his death, his kinsmen are resolute in taking vengeance, if
-they "imagine that they have got sure indications of the perpetrator
-of the wrong."[29] Among the Central Australian natives, "not
-infrequently the dying man will whisper in the ear of a _Railtchawa_,
-or medicine man, the name of the man whose magic is killing him," and
-if this be not done, "there is no difficulty, by some other method, of
-fixing sooner or later on the guilty party"; but only after the
-culprit has been revealed by the medicine man is it decided by a
-council of the old men whether an avenging party is to be arranged or
-not.[30] Among the aborigines of West Australia, the survivors are
-"pretty busy in seeking out" the sorcerer who is supposed to have
-caused the death of their friend.[31]
-
-[Footnote 27: Steinmetz, _op. cit._ i. 337 _sq._]
-
-[Footnote 28: Hale, _U.S. Exploring Expedition Vol. VI.--Ethnography
-and Philology_, p. 115; quoted by Steinmetz, _op. cit._ i. 337.]
-
-[Footnote 29: Fraser, _Aborigines of New South Wales_, p. 86.]
-
-[Footnote 30: Spencer and Gillen, _Native Tribes of Central
-Australia_, p. 476 _sq._]
-
-[Footnote 31: Calvert, _Aborigines of Western Australia_, p. 20 _sq._]
-
-{30} To sum up: all the facts which Dr. Steinmetz has adduced as
-evidence for his hypothesis of an original stage of "undirected"
-revenge only show that, under certain circumstances, either in a fit
-of passion, or when the actual offender is unknown or out of reach,
-revenge may be taken on an innocent being, wholly unconnected with the
-inflicter of the injury which it is sought to revenge. There is such
-an intimate connection between the experience of injury and the
-hostile reaction by which the injured individual gives vent to his
-passion, that the reaction does not fail to appear even when it misses
-its aim. Anger, as Seneca said, "does not rage merely against its
-object, but against every obstacle which it encounters on its
-way."[32] Many infants, when angry and powerless to hurt others,
-"strike their heads against doors, posts, walls of houses, and
-sometimes on the floor."[33] Well known are the "amucks" of the
-Malays, in which "the desperado assails indiscriminately friend and
-foe," and, with dishevelled hair and frantic look, murders or wounds
-all whom he meets without distinction.[34] But all this is not
-revenge; it is sudden anger or blind rage. Nor is it revenge in the
-true sense of the word if a person who has been humiliated by his
-superior retaliates on those under him. It is only the outburst of a
-wounded "self-feeling," which, when not directed against its proper
-object, can afford no adequate consolation to a revengeful man.
-
-[Footnote 32: Seneca, _De ira_, iii. 1.]
-
-[Footnote 33: Stanley Hall, 'A Study of Anger,' in _American Jour. of
-Psychology_, x. 554.]
-
-[Footnote 34: Crawfurd, _History of the Indian Archipelago_, i. 67.
-_Cf._ Ellis, 'The Amok of the Malays,' in _Jour. of Mental Science_,
-xxxix. 325 _sqq._ In the Andaman Islands, it is not uncommon for a man
-"to vent his ill-temper, or show his resentment at any act, by
-destroying his own property as well as that of his neighbours" (Man,
-'Aboriginal Inhabitants of the Andaman Islands,' in _Jour. Anthr.
-Inst._ xii. 111). Among the Kar Nicobarese, when a quarrel takes
-place, in serious cases, a man will probably burn his own house down
-(Kloss, _In the Andamans and Nicobars_, p. 310). But in these
-instances it is not certain whether the offended party destroys his
-own property in blind rage, or with some definite object in view.]
-
-In the institution of the blood-feud some sort of collective
-responsibility is usually involved.[35] If the {31} offender is of
-another family than his victim, some of his relatives may have to
-expiate his deed.[36] If he belongs to another clan, the whole clan
-may be held responsible for it.[37] And if he is a member of another
-tribe, the vengeance may be wreaked upon his fellow-tribesmen
-indiscriminately.[38]
-
-[Footnote 35: _Cf._ Post, _Anfänge des Staats- und Rechtsleben_,
-p. 180; Rée, _op. cit._ p. 49 _sq._; Steinmetz, _op. cit._ i. ch. vi.]
-
-[Footnote 36: Besides the authorities quoted _infra_, see Leuschner,
-in Steinmetz, _Rechtsverhältnisse von eingeborenen Völkern in Afrika
-und Ozeanien_, (Bakwiri); _ibid._ p. 49 (Banaka and Bapuku); Rautanen,
-_ibid._ p. 341 (Ondonga); Walter, _ibid._ p. 390 (natives of Nossi-Bé
-and Mayotte, near Madagascar); von Langsdorf, _Voyages and Travels_,
-i. 132 (Nukahivans); Forbes, _A Naturalist's Wanderings in the Eastern
-Archipelago_, p. 473 (Timorese); Foreman, _Philippine Islands_, p. 213
-(Igorrotes of Luzon); Kovalewsky, in _Jour. Anthr. Inst._ xxv. 113
-(people of Daghestan); _Idem_, _Coutume contemporaine et loi
-ancienne_, p. 248 _sq._ (Ossetes); Merzbacher, _Aus den Hochregionen
-des Kaukasus_, ii. 51 (Khevsurs).]
-
-[Footnote 37: Bridges, in _A Voice for South America_, xiii. 207
-(Fuegians). Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur. Ethn._
-iii. 369. Ridley, in _Jour. Anthr. Inst._ ii. 268 (Kamilaroi in
-Australia). Godwin-Austen, _ibid._ ii. 394 (Garo Hill tribes).]
-
-[Footnote 38: von Martins, _Beiträge zur Ethnographie Amerika's_,
-i. 127 _sqq._ (Brazilian Indians). Crawfurd, _op. cit._ iii. 124
-(natives of Celebes). Kohler, in _Zeitschr. f. vgl. Rechtswiss._
-vii. 383 (Goajiros of Columbia). _Ibid._ vii. 376 (Papuans of New
-Guinea). Curr, _The Australian Race_, i. 70. Scaramucci and Giglioli,
-'Notizie sui Danakil,' in _Archivio per l'antropologia e la etnologia_,
-xiv. 39. Leuschner, in Steinmetz, _Rechtsverhältnisse_, p. 23 (Bakwiri).
-_Ibid._ p. 49 (Banaka and Bapuku).]
-
-"Among the Fuegians," says Mr. Bridges, "etiquette and custom
-require that all the relatives of a murdered person should . . . visit
-their displeasure upon every connection of the manslayers, each
-personally." The avengers of blood would by no means be satisfied with
-a party of natives if they should actually deliver up into their hands
-a manslayer, or kill him themselves, "but would yet exact from all the
-murderer's friends tribute or infliction of injuries with sticks or
-stones."[39] Among the Indians of British Columbia and Vancouver
-Island, "grudges are handed down from father to son for generations,
-and friendly relations are never free from the risk of being
-interrupted."[40] Among the Greenlanders, the revenge for a murder
-generally "costs the executioner himself, his children, cousins, or
-other relatives their lives; or if these are inaccessible, some other
-acquaintance in the neighbourhood."[41] Among the Maoris,
-blood-revenge might be taken on any relative of the homicide, "no
-matter how distant."[42] In Tana, {32} revenge "is often sought in the
-death of the brother, or some other near relative of the culprit."[43]
-Among the Kabyles, "la vengeance peut porter sur chacun des membres de
-la famille du meurtrier, quel qu'il soit."[44] The Bedouins, according
-to Burckhardt, "claim the blood not only from the actual homicide, but
-from all his relations; and it is these claims that constitute the
-right of _thár_, or the blood-revenge."[45] Among the people of Ibrim,
-in Nubia, on the other hand, the same traveller observes, "it is not
-considered as sufficient to retaliate upon any person within the fifth
-degree of consanguinity, as among the Bedouins of Arabia; only the
-brother, son, or first cousin can supply the place of the
-murderer."[46] Traces of collective responsibility in connection with
-blood-revenge are found among the Hebrews.[47] It has prevailed, or
-still prevails, among the Japanese[48] and Coreans,[49] the
-Persians[50] and Hindus,[51] the ancient Greeks[52] and Teutons.[53]
-It was a rule among the Welsh[54] and the Scotch in former days,[55]
-and is so still in Corsica,[56] Albania,[57] and among some of the
-Southern Slavs.[58] In Montenegro, if a homicide who cannot be caught
-himself has no relatives, revenge is sometimes taken on some
-inhabitant of the village or district to which he belongs, or even on
-a person who only is of the same religion and nationality as the
-murderer.[59] In Albania, under similar circumstances, the victim may
-be a person who has had nothing else to do with the offender than that
-he has perhaps once been speaking to him.[60]
-
-[Footnote 39: Bridges, in _South American Missionary Magazine_,
-xiii. 151 _sqq._]
-
-[Footnote 40: Macfie, _Vancouver Island and British Columbia_, p. 470.]
-
-[Footnote 41: Cranz, _History of Greenland_, i. 178.]
-
-[Footnote 42: Shortland, _Traditions and Superstitions of the New
-Zealanders_, p. 213 _sq._ _Cf._ _ibid._ p. 218 _sq._]
-
-[Footnote 43: Turner, _Samoa_, p. 317.]
-
-[Footnote 44: Hanoteau and Letourneux, _La Kabylie_, iii. 61.]
-
-[Footnote 45: Burckhardt, _Notes on the Bedouins and Wahábys_, p. 85.
-See, also, Layard, _Discoveries in the Ruins of Nineveh and Babylon_,
-p. 306; Lane, _Manners and Customs of the Modern Egyptians_, i. 133.]
-
-[Footnote 46: Burckhardt, _Travels in Nubia_, p. 128.]
-
-[Footnote 47: _2 Samuel_, xiv. 7. _Cf._ _ibid._ xxi.]
-
-[Footnote 48: Dautremer, 'The Vendetta or Legal Revenge in Japan,' in
-_Trans. Asiatic Soc. Japan_, xiii. 84.]
-
-[Footnote 49: Griffis, _Corea_, p. 227.]
-
-[Footnote 50: Spiegel, _Erânische Alterthumskunde_, iii. 687. Polak,
-_Persien_, ii. 96.]
-
-[Footnote 51: Dubois, _Description of the Character, Manners, and
-Customs of the People of India_, p. 195.]
-
-[Footnote 52: Leist, _Alt-arisches Jus Gentium_, p. 424.]
-
-[Footnote 53: _Gotlands-Lagen_, 13.]
-
-[Footnote 54: Walter, _Das alte Wales_, p. 138.]
-
-[Footnote 55: Mackintosh, _History of Civilisation in Scotland_,
-ii. 279.]
-
-[Footnote 56: Gregorovius, _Wanderings in Corsica_, i. 179.]
-
-[Footnote 57: Gop[vc]evi['c], _**Oberalbanien und seine Liga_,
-p. 324 _sqq._]
-
-[Footnote 58: Miklosich, 'Die Blutrache bei den Slaven,' in
-_Denkschriften der kaiserl. Akademie d. Wissensch. Philos.-histor.
-Classe_, Vienna, xxxvi. 131, 146 _sq._ Krauss, _Sitte und Brauch der
-Südslaven_, p. 39.]
-
-[Footnote 59: Lago, _Memorie sulla Dalmazia_, ii. 90.]
-
-[Footnote 60: Gop[vc]evi['c], _op. cit._ p. 325.]
-
-There is no difficulty in explaining these facts. The following
-statement made by Mr. Romilly with reference {33} to the Solomon
-Islanders has, undoubtedly, a much wider application:--"In the cases
-which call for punishment, the difficulties in the way of capturing
-the actual culprits are greater than any one, who has not been engaged
-in this disagreeable work, can imagine."[61] Though it may happen that
-a manslayer is abandoned by his own people,[62] the system of
-blood-revenge more often seems to imply, not only that all the members
-of a group are engaged, more or less effectually, in the act of
-revenge, but that they mutually protect each other against the
-avengers. A homicide frequently provokes a war,[63] in which family
-stands against family, clan against clan, or tribe against tribe. In
-such cases the whole group take upon themselves the deed of the
-perpetrator, and any of his fellows, because standing up for him,
-becomes a proper object of revenge. The guilt extends itself, as it
-were, in the eyes of the offended party. So, also, any person who
-lives on friendly terms with the offender, or is supposed to
-sympathise with him, is liable to arouse a feeling of resentment, and
-may consequently, in extreme cases, have to expiate his crime.
-Moreover, because of the close relationship which exists between the
-members of the sam__e group, the actual culprit will be mortified by any
-successful attack that the avengers make on his people, and, if he be
-dead, its painful and humiliating effects may still be supposed to
-reach his spirit. "When the offender himself is beyond the reach of
-direct attack," says Mr. Wilkins, "it is not beneath a Bengali's view
-to try to wound him through his children or other members of his
-family."[64] Among the South Slavonians, in a similar case, the
-avengers of blood first attempt to kill the father, brother, {34} or
-grown-up son of the murderer, "so as to inflict upon him a very heavy
-and painful loss"; and only when this has been tried in vain, are more
-distant relatives attacked.[65] The Bedouins of the Euphrates even
-prefer killing the chief man among the murderer's relations within the
-second degree to taking his own life, on the principle, "You have
-killed my cousin, I will kill yours."[66] And the Californian Nishinam
-"consider that the keenest and most bitter revenge which a man can
-take is, not to slay the murderer himself, but his dearest
-friend."[67] In these instances vengeance is exacted with reference
-rather to the loss suffered by the survivors than to the injury
-committed against the murdered man, the culprit being subjected to a
-deprivation similar to that which he has inflicted himself. So, also,
-among the Marea, if a commoner is slain by a nobleman, his death is
-not avenged directly on the slayer, but on some commoner who is
-subservient to him.[68] If, again, among the Quianganes of Luzon, a
-noble is killed by a plebeian, another nobleman, of the kin of the
-murderer, must be killed, while the murderer himself is ignored.[69]
-If, among the Igorrotes, a man slays a woman of another house, her
-nearest kinsman endeavours to slay a woman belonging to the household
-of the homicide, but to the guilty man himself he does nothing.[70] In
-all these cases the culprit is not lost sight of; vengeance is
-invariably wreaked upon somebody connected with him. But any
-consideration of guilt or innocence is overshadowed by the blind
-subordination to that powerful rule which requires strict equivalence
-between injury and punishment--an eye for an eye and a tooth for a
-tooth--and which, when strained to the utmost, cannot allow the life
-of a man to be sacrificed for that of a woman, or the life of a
-nobleman to be {35} sacrificed for that of a commoner, or the life of
-a commoner to expiate the death of a noble. This rule, as we shall see
-later on, is not suggested by revenge itself, but is due to the
-influence of other factors which intermingle with this feeling, and
-help, with it, to determine the action.
-
-[Footnote 61: Romilly, _Western Pacific and New Guinea_, p. 81. _Cf._
-Friedrichs, 'Mensch und Person,' in _Das Ausland_, 1891, p. 299.]
-
-[Footnote 62: See, _e.g._, Scott Robertson, _The Káfirs of the
-Hindu-Kush_, p. 440.]
-
-[Footnote 63: Dr. Post's statement (_Die Geschlechtsgenossenschaft der
-Urzeit_, p. 156) that the blood-revenge "characterisirt sich . . . ganz
-und gar als ein Privatkrieg zwischen zwei Geschlechtsgenossenschaften,"
-however, is not quite correct in this unqualified form, as may be
-seen, _e.g._, from von Martius's description of the blood-revenge of
-the Brazilian Indians, _op. cit._ i. 127 _sqq._]
-
-[Footnote 64: Wilkins, _Modern Hinduism_, p. 411.]
-
-[Footnote 65: Krauss, _op. cit._ p. 39.]
-
-[Footnote 66: Blunt, _Bedouin Tribes of the Euphrates_, ii. 206 _sq._]
-
-[Footnote 67: Powers, _Tribes of California_, p. 320.]
-
-[Footnote 68: Munzinger, _Ostafrikanische Studien_, p. 243.]
-
-[Footnote 69: Blumentritt, quoted by Spencer, _Principles of Ethics_,
-i. 370 _sq._]
-
-[Footnote 70: Jagor, _Travels in the Philippines_, p. 213.]
-
-Nevertheless, the strong tendency to discrimination which
-characterises resentment, is not wholly lost even behind the veil of
-common responsibility. Mr. Howitt has come to the conclusion that,
-among the Australian Kurnai, if a homicide has been committed by an
-alien tribe, the feud "cannot be satisfied but by the death of the
-offender," although it is carried on, not against him alone, but
-against the whole group of which he is a member.[71] It is only "if
-they fail to secure the guilty person" that the natives of Western
-Victoria consider it their duty to kill one of his nearest
-relatives.[72] Concerning the West Australian aborigines, Sir George
-Grey observes, "The first great principle with regard to punishments
-is, that all the relations of a culprit, in the event of his not being
-found, are implicated in his guilt; if, therefore, the principal
-cannot be caught, his brother or father will answer nearly as well,
-and failing these, any other male or female relative, who may fall
-into the hands of the avenging party."[73] Among the Papuans of the
-Tami Islands, revenge may be taken on some other member of the
-murderer's family only if it is absolutely impossible to catch the
-guilty person himself.[74] That the blood-revenge is in the first
-place directed against the malefactor, and against some relative of
-his only if he cannot be found out, is expressly stated with reference
-to various peoples in different parts of the world;[75] and it is {36}
-probable that much more to the same effect might have been discovered,
-if the observers of savage life had paid more attention to this
-particular aspect of the matter. Among the Fuegians, the most serious
-riots take place when a manslayer, whom some one wishes to punish,
-takes refuge with his relations or friends.[76] Von Martius remarks of
-the Brazilian Indians in general that, even when an intertribal war
-ensues from the committing of homicide, the nearest relations of the
-killed person endeavour, if possible, to destroy the culprit himself
-and his family.[77] With reference to the Creek Indians, Mr. Hawkins
-says that though, if a murderer flies and cannot be caught, they will
-take revenge upon some innocent individual belonging to his family,
-they are "generally earnest of themselves, in their endeavours to put
-the guilty to death."[78] The same is decidedly the case in those
-parts of Morocco where the blood-feud still prevails.
-
-[Footnote 71: Fison and Howitt, _Kamilaroi and Kurnai_, p. 221.]
-
-[Footnote 72: Dawson, _Australian Aborigines_, p. 71.]
-
-[Footnote 73: Grey, _Journals of Expeditions_, ii. 239.]
-
-[Footnote 74: Bamler, quoted by Kohler, in _Zeitschr. f. vergl.
-Rechtswiss._ xiv. 380.]
-
-[Footnote 75: Riedel, _De sluik- en kroesharige rassen tusschen
-Selebes en Papua_, p. 434 (natives of Wetter). Chalmers, _Pioneering
-in New Guinea_, p. 179. Kohler, in _Zeitschr. f. vergl. Rechtswiss._
-xiv. 446 (some Marshall Islanders). Merker, quoted by Kohler, _ibid._
-xv. 53 _sq._ (Wadshagga). Brett, _Indian Tribes of Guiana_, p. 357.
-Bernau, _Missionary Labours in British Guiana_, p. 57. Dall, _Alaska_,
-p. 416. Boas, 'The Central Eskimo,' in _Ann. Rep. Bur. Ethn._ vi. 582.
-Jacob, _Leben der vorislâmischen Beduinen_, p. 144. Kovalewsky,
-_Coutume contemporaine_, p. 248 (Ossetes). Popovi['c], _Recht und
-Gericht in Montenegro_, p. 69; Lago, _op. cit._ ii. 90 (Montenegrines).
-Miklosich, _loc. cit._ p. 131 (Slavs). Wilda, _Strafrecht der Germanen_,
-p. 173 _sq._ (ancient Teutons).]
-
-[Footnote 76: Hyades and Deniker, _Mission scientifique du Cap Horn_,
-vii. 375.]
-
-[Footnote 77: von Martius, _op. cit._ i. 128.]
-
-[Footnote 78: Hawkins, in _Trans. American Ethn. Soc._ iii. 67.]
-
-Not only has Dr. Steinmetz failed to prove his hypothesis that revenge
-was originally "undirected," but this hypothesis is quite opposed to
-all the most probable ideas we can form with regard to the revenge of
-early man. For my own part I am convinced that we may obtain a good
-deal of knowledge about the primitive condition of the human race, but
-not by studying modern savages only. I have dealt with this question
-at some length in another place,[79] and wish now merely to point out
-that those general physical and psychical qualities which are not only
-common to all races of mankind, but which are shared by them with the
-animals most allied to man, may be assumed to have been present also
-in the earlier stages of {37} human development. Now, concerning
-revenge among animals, more especially among monkeys, many anecdotes
-have been told by trustworthy authorities, and in every case the
-revenge has been clearly directed against the offender.
-
-[Footnote 79: _History of Human Marriage_, p. 3 _sqq._]
-
-On the authority of a zoologist "whose scrupulous accuracy was
-known to many persons," Darwin relates the following story:--"At the
-Cape of Good Hope an officer had often plagued a certain baboon, and
-the animal, seeing him approaching one Sunday for parade, poured water
-into a hole and hastily made some thick mud, which he skilfully dashed
-over the officer as he passed by, to the amusement of many bystanders.
-For long afterwards the baboon rejoiced and triumphed whenever he saw
-his victim."[80] Prof. Romanes considers this to be a good instance of
-"what may be called brooding resentment deliberately preparing a
-satisfactory revenge."[81] This, I think, is to put into the statement
-somewhat more than it really contains; but at all events it records a
-case of revenge, in the sense in which Dr. Steinmetz uses the word.
-The same may be said of other instances mentioned by so accurate
-observers as Brehm and Rengger in their descriptions of African and
-American monkeys, and of various examples of resentment in elephants
-and even in camels.[82] According to Palgrave, the camel possesses the
-passion of revenge, and in carrying it out "shows an unexpected degree
-of far-thoughted malice, united meanwhile with all the cold stupidity
-of his usual character." The following instance, which occurred in a
-small Arabian town, deserves to be quoted, since it seems to have
-escaped the notice of the students of animal psychology. "A lad of
-about fourteen had conducted a large camel, laden with wood, from that
-very village to another at half an hour's distance or so. As the {38}
-animal loitered or turned out of the way, its conductor struck it
-repeatedly, and harder than it seems to have thought he had a right to
-do. But not finding the occasion favourable for taking immediate
-quits, it 'bode its time'; nor was that time long in coming. A few
-days later the same lad had to re-conduct the beast, but unladen, to
-his own village. When they were about half way on the road, and at
-some distance from any habitation, the camel suddenly stopped, looked
-deliberately round in every direction, to assure itself that no one
-was within sight, and, finding the road far and near clear of
-passers-by, made a step forward, seized the unlucky boy's head in its
-monstrous mouth, and lifting him up in the air flung him down again on
-the earth with the upper part of his skull completely torn off, and
-his brains scattered on the ground."[83] We are also told that
-elephants, though very sensitive to insults, are never provoked, even
-under the most painful or distracting circumstances, to hurt those
-from whom they have received no harm.[84] Sometimes animals show a
-remarkable degree of discrimination in finding out the proper object
-for their resentment. It is hardly surprising to read that a baboon,
-which was molested in its cage with a stick, tried to seize, not the
-stick, but the hand of its tormentor.[85] More interesting is the
-"revenge" which an elephant at Versailles inflicted upon a certain
-artist who had employed his servant to tease the animal by making a
-feint of throwing apples into its mouth:--"This conduct enraged the
-elephant; and, as if it knew that the painter was the cause of this
-teasing impertinence, instead of attacking the servant, it eyed the
-master, and squirted at him from its trunk such a quantity of water as
-spoiled the paper on which he was drawing."[86]
-
-[Footnote 80: Darwin, _Descent of Man_, p. 69.]
-
-[Footnote 81: Romanes, _Animal Intelligence_, p. 478.]
-
-[Footnote 82: Brehm, _Thierleben_, i. 156. _Idem_, _From North Pole to
-Equator_, p. 305. Rengger (_Naturgeschichte der Säugethiere von
-Paraguay_, p. 52) gives the following information about the
-Cay:--"Fürchtet er . . . seinen Gegner, so nimmt er seine Zuflucht zur
-Verstellung, und sucht sich erst dann an ihm zu rächen, wenn er ihn
-unvermuthet überfallen kann. So hatte ich einen Cay, welcher mehrere
-Personen die ihn oft auf eine grobe Art geneckt hatten, in einem
-Augenblicke lass, wo sie im besten Vernehmen mit ihm zu sein glaubten.
-Nach verübter That kletterte er schnell auf einen hohen Balken, wo man
-ihm nicht beikommen konnte, und grinste schadenfroh den Gegenstand
-seiner Rache an." See, moreover, Watson, _The Reasoning Power in
-Animals_, especially pp. 20, 21, 24, 156 _sq._; Romanes, _op. cit._
-p. 387 _sqq._; but also Morgan, _Animal Life and Intelligence_, p. 401
-_sq._]
-
-[Footnote 83: Palgrave, _Narrative of a Year's Journey through Central
-and Eastern Arabia_, i. 40.]
-
-[Footnote 84: Watson, _op. cit._ p. 26 _sq._]
-
-[Footnote 85: Aas, _Sjaeleliv og intelligens hos Dyr_, i. 72.]
-
-[Footnote 86: Smellie, _Philosophy of Natural History_, i. 448.]
-
-I find it inconceivable that anybody, in the face of such facts, could
-still believe that the revenge of early man was at first essentially
-indiscriminating, and became gradually discriminating from
-considerations of social expediency. But by this I certainly do not
-mean to deny that violation of the "self-feeling" is an extremely
-common and powerful incentive to resentment. It is so {39} among
-savage[87] and civilised men alike; even dogs and monkeys get angry
-when laughed at. Nothing more easily rouses in us anger and a desire
-for retaliation, nothing is more difficult to forgive, than an act
-which indicates contempt, or disregard of our feelings. Long after the
-bodily pain of a blow has ceased, the mental suffering caused by the
-insult remains and calls for vengeance. This is an old truth often
-told. According to Seneca, "the greater part of the things which
-enrage us are insults, not injuries."[88] Plutarch observes that,
-though different persons fall into anger for different reasons, yet in
-nearly all of them is to be found the idea of their being despised or
-neglected.[89] "Contempt," says Bacon, "is that which putteth an edge
-upon anger, as much, or more, than the hurt itself."[90] But, indeed,
-there is no need to resort to different principles in order to explain
-the resentment excited by different kinds of pain. In all cases
-revenge implies, primordially and essentially, a desire to cause pain
-or destruction in return for hurt suffered, whether the hurt be bodily
-or mental; and, if to this impulse is added a desire to enhance the
-wounded "self-feeling," that does not interfere with the true nature
-of the primary feeling of revenge. There are genuine specimens of
-resentment without the co-operation of self-regarding pride;[91] and,
-on the other hand, the reaction of the wounded "self-feeling" is not
-necessarily, in the first place, concerned with the infliction of
-pain. If a person has written a bad book which is severely criticised,
-he may desire to repair his reputation by writing a better book, not
-by humiliating his critics; and if he attempts the latter rather than
-the former, he does so, not merely in order to enhance his
-"self-feeling," {40} but because he is driven on by revenge. Dr. Boas
-tells us that the British Columbia Indian, when his feelings are hurt,
-sits down or lies down sullenly for days without partaking of food,
-and that, "when he rises his first thought is, not how to take
-revenge, but to show that he is superior to his adversary.[92]
-
-[Footnote 87: Turner, 'Ethnology of the Ungava District,' in _Ann.
-Rep. Bur. Ethn._ xi. 270 (Hudson Bay Indians). Georgi, _Russia_, iii.
-205 (Aleuts). Sarasin, _Ergebnisse naturwiss. Forschungen auf Ceylon_,
-iii. 537 (Veddahs). von Wrede, _Reise in [H.]adhramaut_, p. 157
-(Bedouins). Winterbottom, _Native Africans in the Neighbourhood of
-Sierra Leone_, i. 211.]
-
-[Footnote 88: Seneca, _De ira_, iii. 28.]
-
-[Footnote 89: Plutarch, _De cohibenda ira_, 12.]
-
-[Footnote 90: Bacon, 'Essay LVII. Of Anger,' in _Essays_, p. 514.]
-
-[Footnote 91: Bain, _Emotions and the Will_, p. 177.]
-
-[Footnote 92: Boas, _First General Report on the Indians of British
-Columbia_, read at the Newcastle-upon-Tyne meeting of the British
-Association, 1889, p. 19.]
-
-In the feeling of gratification which results from successful
-resentment, the pleasure of power or superiority also may form a very
-important element, but it is never the exclusive element.[93] As the
-satisfaction of every desire is accompanied by pleasure, so the
-satisfaction of the desire involved in resentment gives a pleasure by
-itself. The angry or revengeful man who succeeds in what he aims at,
-delights in the pain he inflicts for the very reason that he desired
-to inflict it.
-
-[Footnote 93: _Cf._ Ribot, _op. cit._ p. 221 _sq._]
-
-Revenge thus only forms a link in a chain of emotional phenomena, for
-which "non-moral resentment" may be used as a common name. In this
-long chain there is no missing link. Anger without any definite desire
-to cause suffering, anger with such a desire, more deliberate
-resentment--all these phenomena are so inseparably connected with each
-other that no one can say where one passes into another. Their common
-characteristic is that they are mental states marked by an aggressive
-attitude towards the cause of pain.
-
-As to their origin, the evolutionist can hardly entertain a doubt.
-Resentment, like protective reflex action, out of which it has
-gradually developed, is a means of protection for the animal. Its
-intrinsic object is to remove a cause of pain, or, what is the same, a
-cause of danger. Two different attitudes may be taken by an animal
-towards another which has made it feel pain: it may either shun or
-attack its enemy. In the former case its action is prompted by fear,
-in the latter by anger, and it depends on the circumstances which of
-these emotions is the actual {41} determinant. Both of them are of
-supreme importance for the preservation of the species, and may
-consequently be regarded as elements in the animal's mental
-constitution which have been acquired by means of natural selection in
-the struggle for existence. We have already noted that, originally,
-the impulse of attacking the enemy could hardly have been guided by a
-representation of the enemy as suffering. But, as a successful attack
-is necessarily accompanied by such suffering, the desire to produce it
-naturally, with the increase of intelligence, entered as an important
-element in resentment. The need for protection thus lies at the
-foundation of resentment in all its forms.
-
-This view is not new. More than one hundred and fifty years before
-Darwin, Shaftesbury wrote of resentment in these words:--"Notwithstanding
-its immediate aim be indeed the ill or punishment of another, yet it
-is plainly of the sort of those [affections] which tend to the
-advantage and interest of the self-system, the animal himself; and is
-withal in other respects contributing to the good and interest of the
-species."[94] A similar opinion is expressed by Butler, according to
-whom the reason and end for which man was made liable to anger is,
-that he might be better qualified to prevent and resist violence and
-opposition, while deliberate resentment "is to be considered as a
-weapon, put into our hands by nature, against injury, injustice, and
-cruelty."[95] Adam Smith, also, believes that resentment has "been
-given us by nature for defence, and for defence only," as being "the
-safeguard of justice and the security of innocence."[96] Exactly the
-same view is taken by several modern evolutionists as regards the
-"end" of resentment, though they, of course, do not rest contented
-with saying that this feeling has been given us by nature, but try to
-explain in what way it has developed. "Among members of the same
-species," says Mr. Herbert Spencer, "those individuals which have not,
-in any considerable degree, resented aggressions, must have ever
-tended to disappear, and to have left behind those which have with
-some effect made counter-aggressions."[97] Mr. {42} Hiram Stanley,
-too, quoting Junker's statement regarding the pigmies of Africa, that
-"they are much feared for their revengeful spirit,"[98] observes that,
-"other things being equal, the most revengeful are the most successful
-in the struggle for self-conservation and self-furtherance."[99] This
-evolutionist theory of revenge has been criticised by Dr. Steinmetz,
-but in my opinion with no success. He remarks that the _feeling_ of
-revenge could not have been of any use to the animal, even though the
-_act_ of vengeance might have been useful.[100] But this way of
-reasoning, according to which the whole mental life would be excluded
-from the influence of natural selection, is based on a false
-conception of the relation between mind and body, and, ultimately, on
-a wrong idea of cause and effect.
-
-[Footnote 94: Shaftesbury, 'Inquiry concerning Virtue or Merit,' ii.
-2. 2, in _Characteristicks_, ii. 145.]
-
-[Footnote 95: Butler, 'Sermon VIII.--Upon Resentment,' _op. cit._
-p. 457.]
-
-[Footnote 96: Adam Smith, _Theory of Moral Sentiments_, p. 113.]
-
-[Footnote 97: Spencer, _Principles of Ethics_, i. 361.]
-
-[Footnote 98: Junker, _Travels in Africa during the Years 1882-1886_,
-p. 85.]
-
-[Footnote 99: Hiram Stanley, _op. cit._ p. 180. _Cf._ also Guyau,
-_Esquisse d'une Morale sans obligation ni sanction_, p. 162
-_sq._]
-
-[Footnote 100: Steinmetz, _Ethnol. Studien, &c._ i. 135.]
-
-From non-moral resentment we shall pass to the emotion of moral
-indignation. That this is closely connected with anger is indicated by
-language itself: we may feel indignant on other than moral grounds,
-and we may feel "righteous anger." The relationship between these
-emotions is also conspicuous in their outward expressions, which, when
-the emotion is strong enough, present similar characteristics. When
-possessed with strong moral indignation, a person looks as if he were
-angry,[101] and so he really is, in the wider sense of the term. This
-relationship has not seldom been recognised by moralists, though it
-has more often been forgotten. Some two thousand years ago Polybius
-wrote:--"If a man has been rescued or helped in an hour of danger,
-and, instead of showing gratitude to his preserver, seeks to do him
-harm, it is clearly probable that the rest will be displeased and
-offended with him when they know it, sympathising with their neighbour
-and imagining themselves in his case. Hence arises a notion in every
-breast of the meaning and theory of duty, which is in fact the
-beginning and end of justice."[102] Hartley regarded resentment and
-gratitude {43} as "intimately connected with the moral sense."[103]
-Adam Smith made the resentment of "the impartial spectator" a
-corner-stone of his theory of the moral sentiments.[104] Butler found
-the essential difference between sudden and deliberate anger to
-consist in this, that the "natural proper end" of the latter is "to
-remedy or prevent only that harm which implies, or is supposed to
-imply, injury or moral wrong."[105] And to Stuart Mill, the sentiment
-of justice, at least, appeared to be derived from "the animal desire
-to repel or retaliate a hurt or damage to oneself, or to those with
-whom one sympathises."[106]
-
-[Footnote 101: Notice, for instance, Michelangelo's Moses.]
-
-[Footnote 102: Polybius, _Historiae_, vi. 6.]
-
-[Footnote 103: Hartley, _Observations on Man_, i. 520.]
-
-[Footnote 104: Adam Smith, _op. cit._ _passim_.]
-
-[Footnote 105: Butler, _op. cit._ p. 458.]
-
-[Footnote 106: Stuart Mill, _Utilitarianism_, p. 79.]
-
-Moral indignation, or disapproval, like non-moral resentment, is a
-reactionary attitude of mind directed towards the cause of inflicted
-pain. In a subsequent chapter we shall see that both are in a similar
-way determined by the answer given to the question, What is the cause
-of the pain?--a fact which, whilst strongly confirming their affinity,
-throws light upon some of the chief characteristics of the moral
-consciousness. Nay, moral indignation resembles non-moral resentment
-even in this respect that, in various cases, the aggressive reaction
-turns against innocent persons who did not commit the injury which
-gave rise to it. The collective responsibility assumed in certain
-types of blood-revenge is an evidence of this in so far as such
-revenge is not merely a matter of individual practice, but has the
-sanction of custom. And even punishment, which, in the strict sense of
-the term, is a more definite expression of public, or moral,
-indignation than the custom of private retaliation, is often similarly
-indiscriminate.
-
-Like revenge, and for similar reasons, punishment sometimes falls on a
-relative of the culprit in cases when he himself cannot be caught. In
-Fiji, says Mr. Williams, "the virtue of vicarious suffering is
-recognised." It once happened that a warrior left his charged musket
-so {44} carelessly that it went off and killed and wounded some
-individuals, whereupon he fled himself. His case was judged worthy of
-death by the chiefs of the tribe, and the offender's aged father was
-in consequence seized and strangled.[107]
-
-[Footnote 107: Williams and Calvert, _Fiji_, p. 24.]
-
-In other cases an innocent person is killed for the offence of
-another, not because the offender cannot be seized, but with a view to
-inflicting on him a loss, according to the rule of like for like. The
-punishment, then, is meant for the culprit, though the chief sufferer
-is somebody else. According to the Laws of [Hv]ammurabi, "if a builder
-has built a house for a man and has not made strong his work, and the
-house he built has fallen, and he has caused the death of the owner,
-that builder shall be put to death." But "if he has caused the son of
-the owner of the house to die, one shall put to death the son of that
-builder."[108] Similarly, "if a man has struck a gentleman's daughter
-and caused her to drop what is in her womb, he shall pay ten shekels
-of silver for what was in her womb." But "if that woman has died, one
-shall put to death his daughter."[109] The following custom which Mr.
-Gason reports, as existing among the Australian Dieyerie, in case a
-man should unintentionally kill another in a fight, is probably based
-on a similar principle:--"Should the offender have an elder brother,
-then he must die in his place; or, should he have no elder brother,
-then his father must be his substitute; but in case he has no male
-relative to suffer for him, then he himself must die."[110]
-
-[Footnote 108: _Laws of [Hv]ammurabi_, 229 _sq._]
-
-[Footnote 109: _Ibid._ 209 _sq._]
-
-[Footnote 110: Gason, 'Manners and Customs of the Dieyerie Tribe,' in
-Woods, _Native Tribes of South Australia_, p. 265.]
-
-This extreme disregard of the suffering of guiltless persons is
-probably not so much due to downright callousness as to a strong
-feeling of family solidarity. The same feeling is very obvious in
-those numerous instances in which both the criminal himself and
-members of his family are implicated in the punishment.
-
-{45} Among the Atkha Aleuts, the punishment for certain offences was
-sometimes carried so far as to include the wife of the offender.[111]
-Among the E[(w]e-speaking peoples of the Slave Coast, "a person found
-guilty of having procured, or endeavoured to procure, the death of
-another through the agency of the gods Huntin and Loko, is put to
-death, and his family is generally enslaved as well."[112] Among the
-Matabele, if a person is declared by the witch-doctor to have caused
-injury to somebody else by making charms, he "is immediately put to
-death, his wife and the whole of his family sharing his fate."[113]
-Among the Shilluks of the White Nile, "murder is punished with death
-to the criminal and the forfeiture of wives and children to the
-Sultan, who retains them in bondage."[114] Among the Kafirs, in cases
-of trespasses against the king, the sentence falls not only on the
-individual, but on his whole house.[115] In Madagascar, the code of
-native laws, up to recent time, reduced for many offences the
-culprit's wife and children to slavery.[116] In some parts of the
-Malay Archipelago, according to Crawfurd, a father and child are
-considered almost inseparable, hence when the one is punished the
-other seldom escapes.[117] In Bali, the law prescribes that for
-certain kinds of sorcery the offender shall be put to death. It adds,
-"If the matter be very clearly made out, let the punishment of death
-be extended to his father and his mother, to his children and to his
-grand-children; let none of them live; let none connected with one so
-guilty remain on the face of the land, and let their goods be in like
-manner confiscated."[118]
-
-[Footnote 111: Petroff, 'Report on Alaska,' in _Tenth Census of the
-United States_, p. 158.]
-
-[Footnote 112: Ellis, _E[(w]e-speaking Peoples of the Slave Coast_,
-p. 225.]
-
-[Footnote 113: Decle, _Three Years in Savage Africa_, p. 153.]
-
-[Footnote 114: Petherick, _Travels in Central Africa_, ii. 3.]
-
-[Footnote 115: Ratzel, _History of Mankind_, ii. 445.]
-
-[Footnote 116: Sibree, _The Great African Island_, p. 181. Ellis,
-_History of Madagascar_, i. 174, 175, 193.]
-
-[Footnote 117: Crawfurd, _op. cit._ i. 82.]
-
-[Footnote 118: _Ibid._ iii. 138.]
-
-The Chinese doctrine of responsibility is to a great extent based
-upon family solidarity; in great crimes all the male relatives of the
-offender are held responsible for his deed. Every male relative, of
-whatever degree, who may be dwelling under the roof of a man guilty of
-treason, is doomed to death, with the exception of young boys, who are
-allowed their lives, but on the condition that they are made eunuchs
-for service in the imperial palace.[119] In ancient Mexico, traitors
-and conspirators were not only themselves killed, but their children
-and relatives {46} were made slaves to the fourth generation.[120]
-According to an Athenian law, a man who committed sacrilege or
-betrayed his country was banished with all his children.[121]
-Aristotle mentions a case of sacrilege in which "the bones of the
-guilty dead were disentombed and cast beyond the borders of Attica;
-the living clan were condemned to perpetual exile, and the city was
-subsequently purified."[122] The Macedonian law involved in punishment
-the kindred of conspirators against the monarch.[123] Dionysius of
-Halicarnassus states that some of the Greeks "think it reasonable to
-put to death the sons of tyrants together with their fathers, whereas
-others punish them with perpetual banishment"; and he contrasts this
-with the Roman principle that "the sons shall be exempted from all
-punishment, whose fathers are offenders, whether they happen to be the
-sons of tyrants, of parricides, or of traitors."[124] But after the
-end of the Marsic, and civil wars, this rule was transgressed;[125]
-and later on Arcadius, though expressly ordaining that the punishment
-of the crime shall extend to the criminal alone,[126] took a different
-view of the punishment for treason. By a special extension of his
-imperial clemency, he allows the sons of the criminal to live,
-although in strict justice, being tainted with hereditary guilt, they
-ought to suffer the punishment of their father. But they shall be
-incapable of inheritance; they shall be abandoned to the extreme of
-poverty and perpetual indigence; they shall be excluded from all
-honours and from the participation of religious rites; the infamy of
-their father shall ever attend them, and such shall be the misery of
-their condition, that life shall be a punishment and death a
-comfort.[127] Among the Anglo-Saxons, before the time of Cnut, the
-child, even the infant in the cradle, was liable to be sold into
-slavery for the payment of penalties incurred by the father, being
-"held by the covetous to be equally guilty as if it had
-discretion."[128] Even later, the child of an outlaw, following the
-condition of the father, also became an outlaw; and this grievance was
-only partly remedied by Edward the Confessor, who relieved from the
-consequences of the father's outlawry such children as were born
-before he was {47} outlawed, but not such as were born afterwards.[129]
-During the Middle Ages it was the invariable rule to confiscate the
-entire property of an impenitent heretic, a rule which was justified
-on the ground that his crime is so great that something of his
-impurity falls upon all related to him.[130] The Pope Alexander IV.
-also excluded the descendants of an heretic to the second generation
-from all offices in the Church.[131] Owing to religious influence,
-illegitimate children were not only deprived of the title to
-inheritance, but they were treated by some law-books as almost
-rightless beings, on a par with robbers and thieves.[132] If a person
-committed suicide, his goods were confiscated, and, according to a
-French mediæval law, his wife was besides deprived of her own private
-property.[133] Even in the latter half of the eighteenth century, in
-France, in the case of an attempt made against the life of the king,
-the whole family of the criminal was banished.[134] Nay, in various
-European countries, up to quite recent times--in England till
-1870--forfeiture of property has been the punishment prescribed for
-certain crimes, including suicide;[135] which means, if not actually
-the imposition of penalties on the survivors in a case where the
-culprit himself is out of reach, at least a gross disregard of their
-ordinary rights of property. It is hardly necessary to point out how
-often, in the very society in which we live, "social punishments" are
-inflicted upon children for their father's wrongs.
-
-[Footnote 119: Douglas, _Society in China_, p. 71 _sq._ _Ta Tsing Leu
-Lee_, sec. ccliv. p. 270.]
-
-[Footnote 120: Bancroft, _Native Races of the Pacific States_, ii. 459.]
-
-[Footnote 121: Meursius, _Themis Attica_, ii. 2, in Gronovius,
-_Thesaurus Graecarum Antiquitatum_, v. 1968.]
-
-[Footnote 122: Aristotle, _De republica Atheniensium_ 1. _Cf._
-_ibid._ 20.]
-
-[Footnote 123: Curtius Rufus, _De gestis Alexandri Magni_, vi. 11. 20.]
-
-[Footnote 124: Dionysius of Halicarnassus, _Antiquitates Romanae_,
-viii. 80.]
-
-[Footnote 125: _Ibid._ viii. 80.]
-
-[Footnote 126: _Codex Iustinianus_, ix. 47. 22.]
-
-[Footnote 127: _Ibid._ ix. 8. 5.]
-
-[Footnote 128: Laws of Cnut, ii. 77. _Cf._ Lappenberg, _History of
-England under the Anglo-Saxon Kings_, ii. 414; Wilda, _op. cit._ p. 906.]
-
-[Footnote 129: _Leges Edwardi Confessoris_, 19.]
-
-[Footnote 130: Lecky, _History of Rationalism in Europe_, ii. 36,
-n. 1. Eicken, _Geschichte und System der mittelalterlichen
-Weltanschauung_, p. 572 _sq._ Paramo, _De origine et progressu Sancti
-Inquisitionis_ p. 587 _sq._]
-
-[Footnote 131: Eicken, _op. cit._ p. 573.]
-
-[Footnote 132: _Ibid._ p. 573.]
-
-[Footnote 133: Du Boys, _Histoire du droit criminel des peuples
-modernes_, ii. 236.]
-
-[Footnote 134: Hertz, _Voltaire und die französische Strafrechtspflege
-im achtzehnten Jahrhundert_, p. 27.]
-
-[Footnote 135: Stephen, _History of the Criminal Law of England_, i.
-487 _sq._; iii. 105.]
-
-For the explanation of these facts we have to remember what has been
-said before about collective responsibility in the case of revenge.
-Speaking of the Chinese doctrine of family solidarity, Dr. de Groot
-observes that, "under the influence of this doctrine, families, not
-men individually, came to be regarded, from the Government's point of
-view, as the smallest particles, the molecules of the nation, each
-individual being swallowed up in the circle of his kinsfolk."[136]
-Such a doctrine assumes that the other members of the family-group
-are, in a way, accessories {48} to any crime committed by a
-fellow-member. "Human nature," says Lord Kames, "is not so perverse,
-as without veil or disguise to punish a person acknowledged to be
-innocent. An irregular bias of imagination, which extends the
-qualities of the principal to its accessories, paves the way to that
-unjust practice. This bias, strengthened by indignation against an
-atrocious criminal, leads the mind hastily to conclude, that all his
-connections are partakers of his guilt."[137] Among the ancients we
-also meet with a strong belief that, according to the course of
-nature, wicked fathers have wicked sons. "That which is begot," says
-Plutarch, "is not, like some production of art unlike the begetter,
-for it proceeds from him, and is not merely produced by him, so that
-it appropriately receives his share, whether that be honour or
-punishment."[138] To destroy, or to make harmless, the family of an
-offender may be, not only an act of retaliation, but a precaution;
-according to an old Greek adage, "a man is a fool if he kills the
-father and leaves the sons alive."[139] This especially holds good for
-treason, which generally suggests accomplices; and of all crimes for
-which penalties are imposed upon other individuals besides the
-culprit, treason is probably the most common. This crime is also
-particularly apt to evoke the hatred of those who have the power to
-punish, hence the punishment of it, being closely allied to an act of
-revenge, is often inflicted without due discrimination. Moreover, by
-being extended to the criminal's family, the punishment falls more
-heavily upon himself as well. Again, in case the crime is of a
-sacrilegious character, it is supposed to pollute everybody connected
-with the criminal, and even the whole community where he dwells.
-
-[Footnote 136: de Groot, _Religious System of China_ (vol. ii. book)
-i. 539.]
-
-[Footnote 137: Kames, _Sketches of the History of Man_, iv. 148.]
-
-[Footnote 138: Plutarch, _De sera numinis vindicta_, 16. _Cf._
-Dionysius of Halicarnassus, _op. cit._ viii. 80.]
-
-[Footnote 139: Schmidt, _Ethik der alten Griechen_, ii. 126.]
-
-In their administration of justice, gods are still more indiscriminate
-than men. They hold the individual responsible for the whole to which
-he belongs. They {49} punish the community for the sins of one of its
-members. They visit the iniquity of the fathers and forefathers upon
-the children and descendants.
-
-The Sibuyaus, a tribe belonging to the Sea Dyaks, "are of opinion
-that an unmarried girl proving with child must be offensive to the
-superior powers, who, instead of always chastising the individual,
-punish the tribe by misfortunes happening to its members. They,
-therefore, on the discovery of the pregnancy fine the lovers, and
-sacrifice a pig to propitiate offended Heaven, and to avert that
-sickness or those misfortunes that might otherwise follow; and they
-inflict heavy mulcts for every one who may have suffered from any
-severe accident, or who may have been drowned within a month before
-the religious atonement was made."[140] According to Chinese beliefs,
-whole kingdoms are punished for the conduct of their rulers by spirits
-who act as avengers with orders or approval from the _Tao_, or
-Heaven.[141] Prevalent opinion in China, continuously inspired anew by
-literature of all times and ages, further admits that spiritual
-vengeance may come down upon the culprit's offspring in the form of
-disease or death.[142] When a maimed or deformed child is born the
-Japanese say that its parents or ancestors must have committed some
-great sin.[143] The Vedic people ask Varuna to forgive the wrongs
-committed by their fathers.[144] Says the poet:--"What we ourselves
-have sinned in mercy pardon; my own misdeeds do thou, O god, take from
-me, and for another's sin let me not suffer."[145] According to the
-ancient Greek theory of divine retribution, the community has to suffer
-for the sins of some of its members, children for the sins of their
-fathers.[146] Hesiod says that often a whole town is punished with
-famine, pestilence, barrenness of its women, or loss of its army or
-vessels for the misdeeds of a single individual.[147] Cr[oe]sus atoned
-by the forfeiture of his kingdom for the crime of Gyges, his fifth
-ancestor, who had murdered his master and usurped his throne.[148]
-Cytissorus brought down the anger of gods upon his descendants by {50}
-rescuing Athamas, whom the Achaians intended to offer up as an
-expiatory sacrifice on behalf of their country.[149] When hearing of
-the death of his wife, Theseus exclaims, "This must be a heaven-sent
-calamity in consequence of the sins of an ancestor, which from some
-remote source I am bringing on myself."[150] According to Hebrew
-notions, sin affects the nation through the individual and entails
-guilt on succeeding generations.[151] The anger of the Lord is kindled
-against the children of Israel on account of Achan's sin.[152] The sin
-of the sons of Eli is visited on his whole house from generation to
-generation.[153] Because Saul has slain the Gibeonites, the Lord
-sends, in the days of David, a three years' famine, which ceases only
-when seven of Saul's sons are hanged.[154] The sins of Manasseh are
-expiated even by the better generation under Josiah.[155] The notion
-of a jealous God who visits the iniquity of the fathers upon the
-children unto the third and fourth generation of them that hate
-Him,[156] is also frequently met with in the Old Testament Apocrypha.
-"The inheritance of sinners' children shall perish, and their
-posterity shall have a perpetual reproach."[157] "The seed of an
-unrighteous bed shall be rooted out."[158] The same idea has survived
-among Christian peoples. It was referred to in Canon Law as a
-principle to be imitated by human justice,[159] and by Innocent III.
-in justification of a bull which authorised the confiscation of the
-goods of heretics.[160] Up to quite recent times it was a common
-belief in Scotland that the punishment of the cruelty, oppression, or
-misconduct of an individual descended as a curse on his children to
-the third and fourth generation. It was not confined to the common
-people; "all ranks were influenced by it; and many believed that if
-the curse did not fall upon the first or second generation it would
-inevitably descend upon the succeeding."[161] In the dogma that the
-whole human race is condemned on {51} account of the sin of its first
-parents, the doctrine of collective responsibility has reached its pitch.
-
-[Footnote 140: St. John, _Life in the Forests of the Far East_, i. 63.]
-
-[Footnote 141: de Groot, _op. cit._ (vol. iv. book) ii. 432, 435.
-Davis, _China_, ii. 34 _sq._]
-
-[Footnote 142: de Groot, _op. cit._ (vol. iv. book) ii. 452.]
-
-[Footnote 143: Griffis, _Mikado's Empire_, p. 472.]
-
-[Footnote 144: _Rig-Veda_, vii. 86. 5. _Cf._ _Atharva-Veda_, v. 30. 4;
-x. 3. 8.]
-
-[Footnote 145: _Rig-Veda_, ii. 28. 9. _Cf._ _ibid._ vi. 51. 7;
-vii. 52. 2.]
-
-[Footnote 146: Nägelsbach, _Nachhomerische Theologie des griechischen
-Volksglaubens_, p. 34 _sq._ Schmidt, _op. cit._ i. 67 _sqq._ Farnell,
-_Cults of the Greek States_, i. 76 _sq._]
-
-[Footnote 147: Hesiod, _Opera et dies_, 240 _sqq._]
-
-[Footnote 148: Herodotus, i. 91.]
-
-[Footnote 149: _Ibid._ vii. 197.]
-
-[Footnote 150: Euripides, _Hippolytus_, 831 _sq._]
-
-[Footnote 151: Oehler, _Theology of the Old Testament_, i. 236.
-Dorner, _System of Christian Doctrine_, ii. 325. Montefiore, _Hibbert
-Lectures_, p. 103. Robertson Smith, _Religion of the Semites_, p. 421.
-Schultz, _Old Testament Theology_, ii. 308. Bernard, 'Sin,' in
-Hastings, _Dictionary of the Bible_, iv. 530, 534.]
-
-[Footnote 152: _Joshua_, vii. 1.]
-
-[Footnote 153: _1 Samuel_, ii. 27 _sqq._]
-
-[Footnote 154: _2 Samuel_, xxi. 1 _sqq._]
-
-[Footnote 155: _Deuteronomy_, i. 37; iii. 26; iv. 21. _2 Kings_,
-xxiii. 26; xxiv. 3. _Jeremiah_, xv. 4 _sqq._]
-
-[Footnote 156: _Exodus_, xx. 5; xxiv. 7, _Numbers_, xiv. 18.
-_Deuteronomy_, v. 9. _Cf._ _Leviticus_, xxvi. 39.]
-
-[Footnote 157: _Ecclesiasticus_, xli. 6. _Cf._ _ibid._ xvi. 4;
-xli. 5, 7 _sqq._]
-
-[Footnote 158: _Wisdom of Solomon_, iii. 16. _Cf._ _ibid._ iii. 12,
-13, 17 _sqq._]
-
-[Footnote 159: Eicken, _op. cit._ p. 572.]
-
-[Footnote 160: Lecky, _History of Rationalism in Europe_, ii. 37 n.]
-
-[Footnote 161: Stewart, _Sketches of the Character, &c., of the
-Highlanders of Scotland_, p. 127.]
-
-Men originally attribute to their gods mental qualities similar to
-their own, and imagine them to be no less fierce and vindictive than
-they are themselves. Thus the retribution of a god is, in many cases,
-nothing but an outburst of sudden anger, or an act of private revenge,
-and as such particularly liable to comprise, not only the offender
-himself, but those connected with him. Plutarch even argued that the
-punishments inflicted by gods on cities for ill-deeds committed by
-their former inhabitants allowed of a just defence, on the ground that
-a city is "one continuous entity, a sort of creature that never
-changes from age, or becomes different by time, but is ever
-sympathetic with and conformable to itself," and therefore "answerable
-for whatever it does or has done for the public weal, as long as the
-community by its union and federal bonds preserves its unity."[162] He
-further observes that a bad man is not bad only when he breaks out
-into crime, but has the seeds of vice in his nature, and that the
-deity, knowing the nature and disposition of every man, prefers
-stifling crime in embryo to waiting till it becomes ripe.[163]
-
-[Footnote 162: Plutarch, _De sera numinis vindicta_, 15.]
-
-[Footnote 163: _Ibid._ 20.]
-
-But there are yet special reasons for extending the retribution of a
-god beyond the limits of individual guilt. Whilst the resentment of a
-man is a matter of experience, that of a god is a matter of inference.
-That some particular case of suffering is a divine punishment, is
-inferred either from its own peculiar character, suggesting the direct
-interference of a god, or from the assumption that a certain act, on
-account of its offensiveness, cannot be left unpunished. Now
-experience shows that, in many instances, the sinner himself escapes
-all punishment, leading a happy life till his death; hence the
-conclusion is near at hand that any grave misfortune which befalls his
-descendants, is the delayed retribution of the offended {52} god.[164]
-Such a conclusion is quite in harmony with the common notions of
-divine power. It especially forces itself upon a mind which has no
-idea of a hell with _post mortem_ punishments for the wicked. And,
-where the spirit of a man after his death is believed to be still
-ardently concerned for the welfare of his family,[165] the affliction
-of his descendants naturally appears as a punishment inflicted upon
-himself. As Dr. de Groot observes, the doctrine of the Chinese, that
-spiritual vengeance may descend on the offender's offspring, tallies
-perfectly with their conception "that the severest punishment which
-may be inflicted on one, both in his present life and the next, is
-decline or extermination of his male issue, leaving nobody to support
-him in his old age, nobody to protect him after his death from misery
-and hunger by caring for his corpse and grave, and sacrificing to his
-manes."[166]
-
-[Footnote 164: _Cf._ Isocrates, _Oratio de pace_, 120; Cicero, _De
-natura Deorum_, iii. 38; Nägelsbach, _op. cit._ p. 33 _sq._]
-
-[Footnote 165: _Cf._ Schmidt, _op. cit._ i. 71 _sq._ (ancient
-Greeks).]
-
-[Footnote 166: de Groot, _op. cit._ (vol. iv. book) ii. 452.]
-
-The retributive sufferings which innocent persons have to undergo in
-consequence of the sins of the guilty, are not always supposed to be
-inflicted upon them directly, as a result of divine resentment. They
-are often attributed to infection. Sin is looked upon in the light of
-a contagious matter which may be transmitted from parents to children,
-or be communicated by contact.
-
-This idea is well illustrated by the funeral ceremonies of the
-Tahitians. "When the house for the dead had been erected, and the
-corpse placed upon the platform or bier, the priest ordered a hole to
-be dug in the earth or floor near the foot of the platform. Over this
-he prayed to the god by whom it was supposed the spirit of the
-deceased had been required. The purport of his prayer was that all the
-dead man's sins, and especially that for which his soul had been
-called to the _po_, might be deposited there, that they might not
-attach in any degree to the survivors, and that the anger of the god
-might be appeased." All who were employed in embalming the dead were
-also, during the process, carefully avoided by every person, {53} as
-the guilt of the crime for which the deceased had died was believed to
-contaminate such as came in contact with the corpse; and as soon as
-the ceremony of depositing the sins in the hole was over, all who had
-touched the body or the garments of the deceased, which were buried or
-destroyed, fled precipitately into the sea to cleanse themselves from
-the pollution.[167] In one part of New Zealand "a service was
-performed over an individual, by which all the sins of the tribe were
-supposed to be transferred to him, a fern stalk was previously tied to
-his person, with which he jumped into the river and there unbinding,
-allowed it to float away to the sea, bearing their sins with it."[168]
-The Iroquois White Dog Feast, which was held every year in January,
-February, or early in March,[169] implied, according to most
-authorities, a ceremony of sin-transference.[170] The following
-description of it is given by Mrs. Jemison, a white woman who was
-captured by the Indians in the year 1755:--Two white dogs, without
-spot or blemish, are strangled and hung near the door of the
-council-house. On the fourth or fifth day the "committee," consisting
-of from ten to twenty active men who have been appointed to
-superintend the festivities, "collect the evil spirit, or drive it off
-entirely, for the present, and also concentrate within themselves all
-the sins of their tribe, however numerous or heinous. On the eighth or
-ninth day, the committee having received all the sin, as before
-observed, into their own bodies, they take down the dogs, and after
-having transfused the whole of it into one of their own number, he, by
-a peculiar sleight of hand, or kind of magic, works it all out of
-himself into the dogs. The dogs, thus loaded with all the sins of the
-people, are placed upon a pile of wood that is directly set on fire.
-Here they are burnt, together with the sins with which they were
-loaded."[171] Among the Badágas of India, at a burial, "an elder,
-standing by the corpse, offers up a prayer that the dead may not go to
-hell, that the sins committed on earth may be forgiven, and that the
-sins may be borne by a calf, which is let loose in the jungle and used
-thenceforth for no manner of work."[172] At Utch-Kurgan, in Turkestan,
-Mr. Schuyler saw an old man, constantly {54} engaged in prayer, who
-was said to be an _iskatchi_, that is, "a person who gets his living
-by taking on himself the sins of the dead, and thenceforth devoting
-his life to prayer for their souls."[173]
-
-[Footnote 167: Ellis, _Polynesian Researches_, i. 401 _sqq._]
-
-[Footnote 168: Taylor, _Te Ika a Maui_, p. 101.]
-
-[Footnote 169: Beauchamp, 'Iroquois White Dog Feast,' in _American
-Antiquarian_, vii. 236 _sq._ Hale, 'Iroquois Sacrifice of the White
-Dog,' _ibid._ vii. 7.]
-
-[Footnote 170: Beauchamp, _loc. cit._ p. 237 _sq._]
-
-[Footnote 171: Seaver, _Narrative of the Life of Mrs. Mary Jemison_,
-p. 158 _sqq._ _Cf._ Mr. Clark's description, quoted by Beauchamp,
-_loc. cit._ p. 238.]
-
-[Footnote 172: Thurston, 'Badágas of the Nilgiris,' in the Madras
-Government Museum's _Bulletin_, ii. 4. _Cf._ Metz, _Tribes inhabiting
-the Neilgherry Hills_, p. 78; Graul, _Reise nach Ostindien_,
-iii. 296 _sqq._]
-
-[Footnote 173: Schuyler, _Turkistan_, ii. 28.]
-
-In ancient Peru, an Inca, after confession of guilt, bathed in a
-neighbouring river, and repeated this formula:--"O thou River, receive
-the sins I have this day confessed unto the Sun, carry them down to
-the sea, and let them never more appear."[174] According to Vedic
-beliefs, sin is a contamination which may be inherited, or contracted
-in various ways,[175] and of which the sinner tries to rid himself by
-transferring it to some enemy,[176] or by invoking the gods of water
-or fire.[177] It is washed out by Varuna, in his capacity of a
-water-god,[178] and by Trita, another water-god,[179] and even by "the
-Waters" in general, as appears from the prayer addressed to them:--"O
-Waters, carry off whatever sin is in me and untruth."[180] For a
-similar reason, as it seems, water became in the later, Brahmanic age,
-the "essence (sap) of immortality"[181] and the belief in its
-purifying power still survives in modern India. No sin is too heinous
-to be removed, no character too black to be washed clean, by the
-waters of Ganges.[182] At sacred places of pilgrimage on the banks of
-rivers, the Hindus perform special religious shavings for the purpose
-of purifying soul and body from pollution; and persons who have
-committed great crimes or are troubled by uneasy consciences, travel
-hundreds of miles to such holy places where "they may be released from
-every sin by first being relieved of every hair and then plunging into
-the sacred stream."[183] So, also, according to Hindu beliefs, contact
-with cows purifies, and, as in the Parsi ritual, the dung and urine of
-cows have the power of preventing or cleansing away not only material,
-but moral defilements.[184] In post-Homeric Greece, individuals and a
-whole people were cleansed from their sins by water or some other
-material means of purification.[185] Plutarch, after observing {55}
-that "there are other properties that have connection and
-communication, and that transfer themselves from one thing to another
-with incredible quickness and over immense distances," asks whether it
-is "more wonderful that Athens should have been smitten with a plague
-which started in Arabia, than that, when the Delphians and Sybarites
-became wicked, vengeance should have fallen on their descendants."[186]
-The Hebrews annually laid the sins of the people upon the head of a
-goat, and sent it away into the wilderness;[187] and they cleansed
-every impurity with consecrated water or the sprinkling of blood.[188]
-To this day, the Jews in Morocco, on their New-Year's day, go to the
-sea-shore, or to some spring, and remove their sins by throwing stones
-into the water. The words of the Psalmist, "wash me thoroughly from
-mine iniquity, and cleanse me from my sin,"[189] were not altogether a
-figure of speech; nor is Christian baptism originally a mere symbol.
-Its result is forgiveness of sins;[190] by the water, as a medium of
-the Holy Ghost, "the stains of sin are washed away."[191] That sin is
-contagious has been expressly stated by Christian writers. Novatian
-says that "the one is defiled by the sin of the other, and the
-idolatry of the transgressor passes over to him who does not
-transgress."[192]
-
-[Footnote 174: Tylor, _Primitive Culture_, ii. 435.]
-
-[Footnote 175: _Atharva-Veda_, v. 30. 4; x. 3. 8; vii. 64. i. _sq._
-_Cf._ Oldenberg, _Religion des Veda_, p. 290.]
-
-[Footnote 176: _Rig-Veda_, x. 36. 9; x. 37. 12.]
-
-[Footnote 177: _Ibid._ x. 164. 3. _Atharva-Veda_, vii. 64. 2. _Cf._
-Kaegi, _Rig-Veda_, p. 157; Oldenberg, _op. cit._ pp. 291-298, 319 _sqq._]
-
-[Footnote 178: _Cf._ Hopkins, _Religions of India_ pp. 65 n. 1, 66.]
-
-[Footnote 179: _Atharva-Veda_, vi. 113. 1 _sqq._]
-
-[Footnote 180: _Rig-Veda_, i. 23. 22. Sin is also looked upon as a
-galling chain from the captivity of which release is besought (_ibid._
-i. 24. 9, 13 _sq._; ii. 27. 16; ii. 28. 5; v. 85. 8; vi. 74. 3; &c.).]
-
-[Footnote 181: Hopkins, _op. cit._ p. 196.]
-
-[Footnote 182: Monier Williams, _Br[=a]hmanism and Hind[=u]uism_, p.
-347.]
-
-[Footnote 183: _Ibid._ p. 375.]
-
-[Footnote 184: Barth, _Religions of India_, p. 264. _Laws of Manu_,
-iii. 206; v. 105, 121, 124; xi. 110, 203, 213.]
-
-[Footnote 185: Stengel, _Die griechischen Kultusaltertümer_, p. 138
-_sqq._]
-
-[Footnote 186: Plutarch, _De sera numinis vindicta_, 14.]
-
-[Footnote 187: _Leviticus_, xvi.]
-
-[Footnote 188: _Numbers_, viii. 7; xix. 4-9, 13 _sqq._; xxxi. 23.
-_Leviticus_, xvi. 14 _sqq._]
-
-[Footnote 189: _Psalms_, li. 2.]
-
-[Footnote 190: Harnack, _op. cit._ ii. 140 _sqq._]
-
-[Footnote 191: _Catechism of the Council of Trent_, ii. 2. 10, p. 162.]
-
-[Footnote 192: Quoted by Harnack, _op. cit._ ii. 119.]
-
-In this materialistic conception of sin there is an obvious confusion
-between cause and effect, between the sin and its punishment. Sin is
-looked upon as a substance charged with injurious energy, which will
-sooner or later discharge itself to the discomfort or destruction of
-anybody who is infected with it. The sick Chinese says of his disease,
-"it is my sin," instead of saying, "it is the punishment of my
-sin."[193] Both in Hebrew and in the Vedic language the word for sin
-is used in a similar way.[194] "In the consciousness of the pious
-Israelite," Professor Schultz observes, "sin, guilt, and punishment,
-are ideas so directly connected that the words for them are
-interchangeable."[195] {56} The prophets frequently and emphatically
-declare that there is in sin itself a power which must destroy the
-sinner.[196] So, too, as M. Bergaigne points out, there is in the
-Vedic notion of sin, "la croyance à une sorte de vertu propre du
-péché, grâce à laquelle il produit de lui-même son effet nécessaire, à
-savoir le châtiment du pécheur."[197] Sins are thus treated like
-diseases, or the germs of diseases, of which patients likewise try to
-rid themselves by washing or burning, or which are described in the
-very language often applied to sins as fetters which hold them
-chained.[198] All kinds of evil are in this way materialised. The
-Shamanistic peoples of Siberia, says Georgi, "hold evil to be a
-self-existing substance which they call by an infinitude of particular
-names."[199] According to Moorish ideas, _l-bas_, or "misfortune," is
-a kind of infection, which may be contracted by contact and removed by
-water or fire; hence in all parts of Morocco water- and
-fire-ceremonies are performed annually, either on the _[(]âshur_-eve
-or at midsummer, _l-[(]an[s.]ara_, for the purpose of purifying men,
-animals, and fruit-trees.[200] And just as the Moors, on these {57}
-occasions, rid themselves of _l-bas_, so, in modern Greece, the women
-make a fire on Midsummer Eve, and jump over it, crying, "I leave my
-sins."[201]
-
-[Footnote 193: Edkins, _Religion in China_, p. 134.]
-
-[Footnote 194: Holzman, 'Sünde und Sühne in den Rigvedahymnen und den
-Psalmen,' in _Zeitschr. f. Völkerpsychologie_, xv. 9.]
-
-[Footnote 195: Schultz, _op. cit._ ii. 306. _Cf._ Curtiss, _Primitive
-Semitic Religion To-day_, p. 124 _sqq._]
-
-[Footnote 196: _Ibid._ ii. 308 _sq._]
-
-[Footnote 197: Bergaigne, _Religion védique_, iii. 163. _Cf._
-_Rig-Veda_, x. 132. 5.]
-
-[Footnote 198: Oldenberg, _op. cit._ p. 288.]
-
-[Footnote 199: Georgi, _Russia_, iii. 257.]
-
-[Footnote 200: The various methods of transferring or expelling evil,
-which abundantly illustrate the materialistic notions held about it,
-have been treated by Dr. Frazer with unrivalled learning (_The Golden
-Bough_), iii. 1 _sqq._ I have little doubt that the fire- and
-water-ceremonies, once practised all over Europe on a certain day
-every year, belong to the same group of rites. "The best general
-explanation of these European fire-festivals," says Dr. Frazer
-(_ibid._ iii. 300), "seems to be the one given by Mannhardt, namely,
-that they are sun-charms or magical ceremonies intended to ensure a
-proper supply of sunshine for men, animals, and plants." But it should
-be noticed that in Europe, as in Morocco, a purificatory purpose is
-expressly ascribed to them by the very persons by whom they are
-practised (see Frazer, _op. cit._ iii. 238 _sqq._), that they
-alternate with lustration by water (see Grimm, _Teutonic Mythology_,
-ii. 588 _sqq._). On the other hand, in Dr. Frazer's exhaustive
-description of these ceremonies I fail to discover a single fact which
-would make Mannhardt's hypothesis at all probable. Dr. Frazer says
-(_op. cit._ iii. 301), "The custom of rolling a burning wheel down a
-hillside, which is often observed at these times, seems a very natural
-imitation of the sun's course in the sky." To me it appears as a
-method of distributing the purificatory energy over the fields or
-vineyards. Notice, for instance, the following statements:--In the
-Rhon Mountains, Bavaria, "a wheel wrapt in combustibles, was kindled
-and rolled down the hill; and the young people rushed about the fields
-with their burning torches and brooms. . . . In neighbouring villages
-of Hesse . . . it is thought that wherever the burning wheels roll,
-the fields will be safe from hail and storm" (_ibid._ iii. 243 _sq._).
-At Volkmarsen, in Hesse, "in some places tar-barrels or wheels wrapt
-in straw used to be set on fire, and then sent rolling down the
-hillside. In others the boys light torches and whisps of straw at the
-bonfires and rush about brandishing them in their hands" (_ibid._ iii.
-254). In Münsterland, "boys with blazing bundles of straw run over the
-fields to make them fruitful" (_ibid._ iii. 255). Dr. Frazer says
-(_ibid._ iii. 301), "The custom of throwing blazing discs, shaped
-liked suns, into the air is probably also a piece of imitative magic."
-But why should it not, in conformity with other practices, be regarded
-as a means of purifying the air? According to old writers, the object
-of Midsummer fires was to disperse the aerial dragons (_ibid._ iii.
-267). It would carry me too far from my subject to enter into further
-details. I have dealt with the matter in my article 'Midsummer Customs
-in Morocco.' in _Folk-Lore_, xvi. 27-47.]
-
-[Footnote 201: Grimm, _Teutonic Mythology_, ii. 623.]
-
-Closely connected with the primitive conception of sin, is that of a
-curse. In fact, the injurious energy attributed to a sinful act, is in
-many cases obviously due to the curse of a god. The curse is looked
-upon as a baneful substance, as a miasma which injures or destroys
-anybody to whom it cleaves. The curse of Moses was said to lie on
-mount Ebal, ready to descend with punishments whenever there was an
-occasion for it.[202] The Arabs, when being cursed, sometimes lay
-themselves down on the ground so that the curse, instead of hitting
-them, may fly over their bodies.[203] According to Teutonic notions,
-curses alight, settle, cling, they take flight, and turn home as birds
-to their nests.[204] It is the vulgar opinion in Ireland "that a curse
-once uttered must alight on something: it will float in the air seven
-years, and may descend any moment on the party it was aimed at; if his
-guardian angel but forsake him, it takes forthwith the shape of some
-misfortune, sickness or temptation, and strikes his devoted
-head."[205] We shall later on see that curses are communicated through
-material media. In some parts of Morocco, if a man is not powerful
-enough to avenge an infringement on his marriage-bed, he leaves seven
-tufts of hair on his head and goes to another tribe to ask for help.
-This is _l-[(]âr_, a conditional curse, which is first seated in the
-tufts, and {58} from there transferred to those whom he invokes.
-Similarly, a person under the vow of blood-revenge lets his hair grow
-until he has fulfilled his vow. The oath clings to his hair, and will
-fall upon his head if he violates it.[206]
-
-[Footnote 202: _Deuteronomy_, xi. 29.]
-
-[Footnote 203: Goldziher, _Abhandlungen zur arabischen Philologie_, i.
-29. Wellhausen, _Reste arabischen Heidentums_, p. 139, n. 4.]
-
-[Footnote 204: Grimm, _op. cit._ iv. 1690.]
-
-[Footnote 205: _Ibid._ iii. 1227. Wood-Martin, _Traces of the Elder
-Faiths of Ireland_ ii, 57 _sq._]
-
-[Footnote 206: The same practice prevailed among the ancient Arabs
-(Wellhausen, _op. cit._ p. 122), and some other cases are recorded by
-Dr. Frazer (_op. cit._ i. 370 _sq._). I cannot accept Wellhausen's
-explanation (_op. cit._ p. 124) that the hair is allowed to grow for
-the purpose of being sacrificed when the vow is fulfilled.]
-
-Generally, a curse follows the course which is indicated by the
-curser. But it does not do so in every case, and it has a tendency to
-spread. In ancient India[207] and among the Arabs[208] and
-Hebrews,[209] there was a belief that a curse, especially if it was
-undeserved, might fall back on the head of him who uttered it. The
-same belief prevailed, or still prevails, among the Irish;[210] so,
-also, according to an English proverb, "curses, like chickens, come
-home to roost." According to Plato, the curse of a father or mother
-taints everything with which it comes in contact. Any one who is found
-guilty of assaulting a parent, shall be for ever banished from the
-city into the country, and shall abstain from the temples; and "if any
-freeman eat or drink, or have any other sort of intercourse with him,
-or only meeting him have voluntarily touched him, he shall not enter
-into any temple, nor into the agora, nor into the city, until he is
-purified; for he should consider that he has become tainted by a
-curse."[211] Plutarch asks whether Jupiter's priest was forbidden to
-swear for the reason that "the peril of perjury would reach in common
-to the whole commonwealth, if a wicked, godless, and forsworn person
-should have the charge and superintendence of the prayers, vows, and
-sacrifices made on behalf of the city."[212] The Romans believed that
-certain horrid imprecations had such power, that not only the object
-of them never escaped their influence, but that the person who used
-them also was sure {59} to be unhappy.[213] Among the Arinzes, an oath
-is reckoned a terrible thing:--"They do not suffer a person, who has
-been under the necessity of expurgating himself in so dreadful a
-manner, to remain among them: he is sent into exile."[214] According
-to Bedouin notions, a solemn oath should only be taken at a certain
-distance from the camp, "because the magical nature of the oath might
-prove pernicious to the general body of Arabs, were it to take place
-in their vicinity."[215] "To take an oath of any sort," says
-Burckhardt, "is always a matter of great concern among the Bedouins.
-It seems as if they attached to an oath consequences of a supernatural
-kind. . . . A Bedouin, even in defence of his own right, will seldom
-be persuaded to take a solemn oath before a kadhy, or before the tomb
-of a sheikh or saint, as they are sometimes required to do; and would
-rather forfeit a small sum than expose himself to the dreaded
-consequences of an oath."[216] Exactly the same holds good for the
-Moors. The conditional self-curse is supposed in some degree to
-pollute the swearer even though the condition referred to in the oath
-be only imaginary, in other words, though he do not perjure himself.
-This, I think, is the reason why, among the Berbers in the South of
-Morocco, persons who have been wrongly accused of a crime, sometimes
-entirely undress themselves in the sanctuary where they are going to
-swear. They believe that, if they do so, the saint will punish the
-accuser; and I conclude that at the bottom of this belief there is a
-vague idea that the absence of all clothes will prevent the oath from
-clinging to themselves. They say that it is bad not only to swear, but
-even to be present when an oath is taken by somebody else. And at
-Demnat, in the Great Atlas, I was told that when a person has made
-oath at a shrine, he avoids going back to his house the same way as he
-came, since otherwise, at least if he {60} has sworn false, his family
-as well as himself would have to suffer.
-
-[Footnote 207: _Atharva-Veda_, ii. 7. 5.]
-
-[Footnote 208: Goldziher, _Abhandlungen_, i. 38 _sq._]
-
-[Footnote 209: _Ecclesiasticus_, xxi. 27.]
-
-[Footnote 210: Wood-Martin, _op. cit._ ii. 57 _sq._]
-
-[Footnote 211: Plato, _Leges_, ix. 881.]
-
-[Footnote 212: Plutarch, _Questiones Romanae_, 44.]
-
-[Footnote 213: _Idem_, _Vita Cassi_, 16.]
-
-[Footnote 214: Georgi, _op. cit._ iii. 54 _sq._]
-
-[Footnote 215: Burckhardt, _Bedouins and Wahábys_, p. 73.]
-
-[Footnote 216: _Ibid._ p. 165.]
-
-If a curse is infectious, it is naturally liable to contaminate those
-who derive their origin from the infected individual. The house of
-Glaucus was utterly extirpated from Sparta, in accordance with the
-words of the oracle, "There is a nameless son of the Oath-god who has
-neither hands nor feet; he pursues swiftly, until, having seized, he
-destroys the whole race, and all the house."[217] So, too, the Erinyes
-visited the sins of the fathers even on the children and
-grandchildren;[218] and the Erinyes were originally only
-personifications of curses.[219] It is said in the Ecclesiasticus:--"A
-man that useth much swearing shall be filled with iniquity, and the
-plague shall never depart from his house. . . . If he swear in vain,
-he shall not be innocent, but his house shall be full of
-calamities."[220] Casalis remarks of the Basutos, that "the dreadful
-consequences that the curse of Noah has had for Ham and his
-descendants appear quite natural to these people."[221] The Dharkâr
-and Majhwâr in Mirzapur, believe that a person who forswears himself
-will lose his property and his children;[222] but as we do not know
-the contents of the oath, it is possible that the destruction of the
-latter is not ascribed to mere contagion, but is expressly imprecated
-on them by the swearer.[223] Among the Rejangs of Sumatra, {61} "any
-accident that happens to a man, who has been known to take a false
-oath, or to his children or grandchildren, is carefully recorded in
-memory, and attributed to this sole cause."[224] Among the Karens the
-following story is told:--"Anciently there was a man who had ten
-children, and he cursed one of his brethren, who had done him no
-injury; but the curse did the man no harm, and he did not die. Then
-the curse returned to the man who sent it, and all his ten children
-died."[225] The Moors are fond of cursing each other's father or
-mother, or grandfather, or grandfather's father, such a curse being
-understood to involve their descendants as well. The Rev. R. Taylor
-says of the Maoris, "To bid you go and cook your father would be a
-great curse, but to tell a person to go and cook his great-grandfather
-would be far worse, because it included every individual who has
-sprung from him."[226]
-
-[Footnote 217: Herodotus, vi. 86. _Cf._ Hesiod, _Opera et dies_,
-282 _sqq._]
-
-[Footnote 218: Aeschylus, _Eumenides_, 934 _sqq._]
-
-[Footnote 219: Aeschylus (_Eumenides_, 416 _sq._) expressly designates
-the Erinyes by the title of "curses" ([Greek: a)rai\]), and Pausanias
-derives the name Erinys from an Arcadian word signifying a fit of
-anger. _Cf._ von Lasaulx, 'Der fluch bei Griechen und Römern,' in
-_Verzeichnis der Vorlesungen an der Julius-Maximilians-Universitaet zu
-Würzburg im Sommer-Semester_ 1843, p. 8; Müller, _Dissertations on the
-Eumenides of Aeschylus_, p. 155 _sqq._; Rohde, 'Paralipomena,' in
-_Rheinisches Museum für Philologie_, 1895, p. 16 _sq._]
-
-[Footnote 220: _Ecclesiasticus_, xxiii. 11. _Cf._ _ibid._ xli. 5
-_sqq._; _Wisdom of Solomon_, iii. 12 _sq._, xii. 11.]
-
-[Footnote 221: Casalis, _Basutos_, p. 305.]
-
-[Footnote 222: Crooke, _Tribes and Castes of the North-Western
-Provinces and Oudh_, ii. 287; iii. 444. _Cf._ _ibid._ i. 132.]
-
-[Footnote 223: Among these tribes it is usual to swear by "putting a
-bamboo on the head," or "touching a broad-sword, touching the feet of
-a Brâhman, holding a cow's tail, touching Ganges water." But among
-many of the other tribes described by Mr. Crooke, persons swear on the
-heads of their children (_ibid._ i. 11, 130, 172; ii. 96, 138, 339,
-357; iii. 40, 113, 251, 262; iv. 35), or with a son or grandson in the
-arms (_ibid._ ii. 428), and in such cases the death of the child would
-naturally be expected to follow perjury as a direct result of it.
-Among the Kol, the usual form of an oath is, "May my children die if I
-lie" (_ibid._ iii. 313).]
-
-[Footnote 224: Marsden, _History of Sumatra_, p. 240.]
-
-[Footnote 225: Mason, in _Jour. Asiatic Soc. Bengal_,
-xxxvii. pt. ii. 137.]
-
-[Footnote 226: Taylor, _Te Ika a Maui_, p. 208.]
-
-Thus, from the conception that sins and curses are contagious it
-follows that an innocent person may have to suffer for the sin of
-another. His suffering does not necessarily relieve the sinner from
-punishment; sin, like an infectious disease, may spread without
-vacating the seat of infection. But, as we have seen, it may also be
-transferred, and sin-transference involves vicarious suffering. At the
-same time, this kind of vicarious suffering must not be confounded
-with vicarious expiatory sacrifice. As a general rule, the scapegoat
-is driven or cast away, not killed. The exceptions to this rule seem
-to be due to two different causes. On the one hand, the scapegoat may
-be chased to death, or perhaps be pushed over a precipice,[227] for
-the sake of ridding the community as {62} effectively as possible of
-the evils loaded on the victim. Thus the Bhotiyás of Juhár take a dog,
-make him drunk, "and having fed him with sweetmeats, lead him round
-the village and let him loose. They then chase and kill him with
-sticks and stones, and believe that by so doing no disease or
-misfortune will visit the village during the year."[228] On the other
-hand, the transference of evil may be combined with a sacrifice. But
-of such a combination only a few instances are recorded, and most of
-them are ambiguous. Considering further that in these cases, or at
-least in the best known of them, the act of transference takes place
-_after_ the victim has been killed, it seems to me extremely probable
-that we have here to do with a fusion of two distinct rites into one,
-and that the victim is not offered up as a sacrifice in its capacity
-of a scapegoat, but, once sacrificed, has been made use of as a
-conductor for all the evils with which the people are beset.
-
-[Footnote 227: According to the Mishna, the Hebrew scapegoat was not
-allowed to go free in the wilderness, but was killed by being pushed
-over a precipice (Robertson Smith, _Religion of the Semites_, p. 418).
-See also the ambiguous passage in Servius, _In Virgilii Aeneidos_,
-iii. 57.]
-
-[Footnote 228: Atkinson, 'Notes on the History of Religion in the
-Himálaya of the N.W. Provinces,' in _Jour. Asiatic Soc. Bengal_, liii.
-pt. i. 62.]
-
-In his list of scapegoats, Dr. Frazer refers to a case of human
-sacrifice witnessed by the Rev. J. C. Taylor at Onitsha, on the
-Niger.[229] A young woman was drawn, with her face to the earth, from
-the king's house to the river. As the people drew her along, they
-cried, "Wickedness! Wickedness!" so as to notify to the passers-by to
-screen themselves from witnessing the dismal scene. The sacrifice was
-to take away the iniquities of the land. The body was dragged along in
-a merciless manner "as if the weight of all their wickedness were thus
-carried away"; and it was finally drowned in the river. Our informant
-also heard that there was a man killed, as a sacrifice for the sins of
-the king. "Thus two human beings were offered as sacrifices, to
-propitiate their heathen deities, thinking that they would thus atone
-for the individual sins of those who had broken God's laws during the
-past year. . . . Those who had fallen into gross sins during the past
-year--such as incendiarisms, thefts, fornications, adulteries,
-witchcrafts, incests, slanders, &c.--were expected to pay in
-twenty-eight _ngugus_, or _£_2 0_s._ 7½_d._, as a fine; and this money
-was taken into the interior, to purchase two sickly persons, to be
-{63} offered as a sacrifice for all these abominable crimes--one for
-the land, and one for the river."[230] As will be seen in a following
-chapter, human sacrifices to rivers are very common in the Niger
-country. In the cases mentioned by the English missionary, the idea of
-vicarious expiation is obvious. But I find no evidence of actual
-sin-transference.
-
-[Footnote 229: Frazer, _op. cit._ iii. 109 _sq._]
-
-[Footnote 230: Crowther and Taylor, _Gospel on the Banks of the
-Niger_, p. 344 _sq._]
-
-Dr. Frazer further mentions a custom which, according to Strabo,
-prevailed among the Albanians of the Eastern Caucasus.[231] In the
-temple of the Moon they kept a number of sacred slaves, of whom many
-were inspired and prophesied. When one of these men exhibited more
-than usual symptoms of inspiration or insanity, the high priest had
-him bound with a sacred chain and maintained him in luxury for a year.
-At the end of the year he was anointed with unguents and led forth to
-be sacrificed. A man thrust a sacred spear into his side, piercing his
-heart. From the manner in which the victim fell, omens were drawn as
-to the welfare of the commonwealth. Then the body was carried to a
-certain spot where all the people stood upon it as a purificatory
-ceremony.[232] Dr. Frazer maintains that "the last circumstance
-clearly indicates that the sins of the people were transferred to the
-victim, just as the Jewish priest transferred the sins of the people
-to the scapegoat by laying his hand on the animal's head."[233] So it
-may be, although, in my opinion, the purificatory ceremony described
-by Strabo also allows of another interpretation. The victim was
-evidently held to be saturated with magic energy; this is commonly the
-case with men, or animals, or even inanimate things, that are offered
-in sacrifice, and in the present instance the man was regarded as holy
-already, long before he was slain. To stand on the corpse, then, might
-have been regarded as purifying in consequence of the benign virtue
-inherent in it, just as, according to Muhammedan notions, contact with
-a saint cures disease, not by transferring it to the saint, but by
-annihilating it or expelling it from the body of the patient. But
-whether the ceremony in question involved the idea of sin-transference
-or not, there is no indication that the sacrifice of the slave was of
-an expiatory character. The same may be said both of the Egyptian
-sacrifice of a bull, mentioned by Herodotus, and of the white dog
-sacrifice performed by the Iroquois. The Egyptians first invoked the
-god and slew the bull. They then cut off his head and flayed the body.
-Next {64} they took the head, and heaped imprecations on it, praying
-that, if any evil was impending either over those who sacrificed or
-over the land of Egypt, it might be made to fall upon that head. And
-finally, they either sold the head to Greek traders or threw it into
-the river[234]--which shows that the real scapegoat, the head, was not
-regarded as a sacrifice to the god. Among the Iroquois, also, the
-victims were slain before the sins of the people were transferred to
-them. According to Hale's and Morgan's accounts of this rite, which
-have reference to different tribes of the Iroquois, no mention of
-sin-transference is made in the hymn which accompanied the
-sacrifice.[235] Only blessings were invoked. This was the beginning of
-the chant:--"Now we are about to offer this victim adorned for the
-sacrifice, in hope that the act will be pleasing and acceptable to the
-All-Ruler, and that he will so adorn his children, the red men, with
-his blessings, when they appear before him."[236] Mr. Morgan even
-denies that the burning of the dog had the slightest connection with
-the sins of the people, and states that "in the religious system of
-the Iroquois, there is no recognition of the doctrine of atonement for
-sin, or of the absolution or forgiveness of sins."[237]
-
-[Footnote 231: Frazer, _op. cit._ iii. 112 _sq._]
-
-[Footnote 232: Strabo, xi. 4. 7.]
-
-[Footnote 233: Frazer, _op. cit._ iii. 113.]
-
-[Footnote 234: Herodotus, ii. 39.]
-
-[Footnote 235: Hale, in _American Antiquarian_, vii. 10 _sqq._ Morgan,
-_League of the Iroquois_, p. 217 _sq._]
-
-[Footnote 236: Hale, _loc. cit._ p. 10.]
-
-[Footnote 237: Morgan, _op. cit._ p. 216.]
-
-I think we can see the reason why, in some cases, a sacrificial victim
-is used as scapegoat. The transference of sins or evils is not looked
-upon as a mere "natural" process, it can hardly be accomplished
-without the aid of mysterious, magic energy. Among the Berbers of Ait
-Zel[t.]n, in Southern Morocco, sick people used to visit a
-miracle-working wild olive-tree, growing in the immediate vicinity of
-the supposed grave of Sîdi Butlîla. They there relieve themselves of
-their complaints by tying a woollen string to one of its branches; in
-case of headache the patient previously winds the string three times
-round the top of his head, whilst, in case of fever, he spits on the
-string, and, when tying it to the tree, says, "I left my fever in
-thee, O wild olive-tree." He believes that he may thus transfer his
-disease to this tree because there is _baraka_, "benign virtue," in
-it; he would not expect to be cured {65} by tying the string to any
-ordinary tree. This illustrates a principle of probably world-wide
-application. In Morocco, and, I presume, in other countries where
-disease-transference is believed in, rags tied to a tree are a sure
-indication that the tree is regarded as holy. Similarly I venture to
-believe that the transference of sins and evils to a scapegoat is
-generally supposed to require magic aid of some kind or other. Among
-the Hebrews, it took place on the Day of Atonement only, and the act
-was performed by the high-priest.[238] Among the Iroquois, it was by
-"a kind of magic" that the sins of the people were worked into the
-white dogs;[239] and that the animals themselves were held to be
-charged with supernatural energy, appears from the fact that,
-according to one account, the ashes of the pyre on which one of them
-was burnt were "gathered up, carried through the village, and
-sprinkled at the door of every house."[240] Considering, then, that
-sacrificial victims, owing to their close contact with the deities to
-whom they are offered, are held more or less sacred, the idea of
-employing them as scapegoats is certainly near at hand. But this does
-not make the sacrifice expiatory. In fact, I know of no instance of an
-expiatory sacrifice being connected with a ceremony of sin-transference.
-Hence the materialistic conception of sin hardly helps to explain the
-belief that the sins of a person may be atoned by another person being
-offered as a sacrifice to the offended god.
-
-[Footnote 238: _Leviticus_, xvi. 21.]
-
-[Footnote 239: Seaver, _op. cit._ p. 160.]
-
-[Footnote 240: Beauchamp, _loc. cit._ p. 239.]
-
-A sacrifice is expiatory if its object is to avert the supposed anger
-or indignation of a superhuman being from those on whose behalf it is
-offered. In various cases the offended god is thought to be appeased
-only by the death of a man. But it is not always necessary that the
-victim should be the actual offender. The death of a substitute may
-expiate his guilt. The expiatory sacrifice may be vicarious.
-
-We shall see, in a subsequent chapter, that, as a general {66} rule,
-human victims are sacrificed for the purpose of saving the lives of
-the sacrificers: before the beginning of a battle or during a siege,
-previously to a dangerous sea-expedition, during epidemics, famines,
-or on other similar occasions, when murderous designs are attributed
-to some superhuman being on whose will the lives of men are supposed
-to depend. But these sacrifices are not always expiatory in nature. A
-god may desire to cause the death of men not only because he is
-offended, but because he delights in human flesh, or because he wants
-human attendants, or--no one knows exactly why. It is impossible to
-find out in each particular case whether the sacrifice is meant to be
-an expiation or not; it is not certain that the sacrificers know it
-themselves. Yet in many instances there can be no doubt that its
-object is to serve as a vicarious atonement.
-
-In Eastern Central Africa, "if a freeman were to set fire to the
-grass or reeds beside a lake, and cause a great conflagration close to
-the chosen abode of the deity, he is liable to be offered up to the
-god that is thus annoyed," but if he be the owner of many slaves he
-can easily redeem himself by offering one of them in his place.[241]
-The Ojibways, it is said, were once visited with an epidemic, which
-they regarded as a divine punishment sent them on account of their
-wickedness; and when all other efforts failed, "it was decided that
-the most beautiful girl of the tribe should enter a canoe, push into
-the channel just above the Sault, and throw away her paddle."[242] In
-B[oe]otia, a drunken man having killed a priest of Dionysus Aegobolus,
-and a pestilence having broken out immediately after, the calamity was
-regarded as a judgment on the people for the sacrilege, and the oracle
-of Delphi ordered them to expiate it by sacrificing to the god a
-blooming boy.[243] In his work on the Jews, Philo of Byblus states
-that "it was the custom among the ancients in cases of great dangers,
-that the rulers of a city or a nation, in order to avert universal
-destruction, should give the dearest of their children to be killed as
-a ransom offered to avenging demons."[244] The idea that sins could be
-expiated by the death of one who {67} had not deserved it, was
-familiar to the Hebrews. It was said that "the death of the righteous
-makes atonement."[245] The passage in Isaiah liii. 12 was interpreted
-of Moses, who "poured out his soul unto death[246] and was numbered
-with the transgressors (the generation that died in the wilderness)
-and bare the sin of many "that he might atone for the sin of the
-golden calf.[247] Ezekiel suffered "that he might wipe out the
-transgressions of Israel."[248] And of the Maccabaean martyrs it is
-said, "Having become as it were a vicarious expiation for the sins of
-the nation, and through the blood of those godly men and their atoning
-death, divine providence saved Israel which had before been evil
-entreated."[249] In these cases, of course, there was no sacrifice in
-the proper sense of the term, but they obviously illustrate the same
-characteristic of the divine mind. In fact, the death of Christ, by
-which he atoned and obliterated the sins of all ages, was conceived as
-a sacrifice, or spoken of in sacrificial figures.[250]
-
-[Footnote 241: Macdonald, _Africana_, i. 96 _sq._]
-
-[Footnote 242: Dorman, _Origin of Primitive Superstitions_, p. 208.]
-
-[Footnote 243: Pausanias, ix. 8. 2.]
-
-[Footnote 244: Eusebius, _Praeparatio Evangelica_, i. 10. 40 (Migne,
-_Patrologia_, Ser. Gr. xxi. 85).]
-
-[Footnote 245: Moore, in Cheyne and Black, _Encyclopaedia Biblica_,
-iv. 4226.]
-
-[Footnote 246: _Exodus_, xxxii. 32.]
-
-[Footnote 247: _S[=o][t.][=a]h_, 14 A, quoted by Moore, _loc. cit._
-col. 4226.]
-
-[Footnote 248: _Sanhedrin_, 39 A, quoted _ibid._ col. 4226.]
-
-[Footnote 249: _4 Maccabaeans_, xvii. 22, quoted _ibid._ col. 4232.]
-
-[Footnote 250: See Moore, _loc. cit._ col. 4229 _sqq._]
-
-It is said that, according to early ideas, "it did not essentially
-concern divine justice that the punishment of faults committed should
-fall precisely on the guilty; what did concern it was that it should
-fall on some one, that it should have its accomplishment."[251] Men,
-we are told, could not fail to discern that a transgression produces
-suffering as its consequence, and, seeing this, they "associate
-suffering with the expiation of sin, and, in atoning for their
-transgressions, they mark their contrition by the suffering which they
-inflict vicariously on the victim. They argue thus: 'I have broken a
-law of God. God exacts pain as a consequence of such a breach. I will
-therefore slay this lamb, and its sufferings shall make the atonement
-requisite.'"[252] But, so far as I can see, this interpretation of the
-idea of vicarious expiation is not supported by facts. The victim
-whose suffering or death is calculated to appease the wrathful god is
-not anybody {68} at random, whosoever he may be. He is a
-representative of the community which has incurred the anger of the
-god, and is accepted as a substitute on the principle of social
-solidarity. So, also, according to the Western Church, Christ
-discharged the punishment due to the sins of mankind and propitiated
-the justice of his Father, in his capacity of a man, as a
-representative of the human race; whereas in the East, where it was
-maintained that the _deity_ suffered (though he suffered through the
-human nature which he had made his own), the idea of substitution
-could hardly take root, since, as Harnack remarks, "the dying
-_God_-man really represented no one."[253] The Greek Church regarded
-the death of Christ as a ransom for mankind paid to the devil, and
-this doctrine was also accepted by the most important of the Western
-Fathers, although it flatly contradicted their own theory of
-atonement.[254] There can be no doubt that expiatory sacrifices are
-frequently offered as ransoms, in other words, that the god or demon
-is supposed to be appeased, not by the suffering of the victim, but by
-the gift. Among men it often occurs that the offended party is induced
-by some material compensation to desist from avenging the injury--in
-many societies such placability is even prescribed by custom,--and
-something similar is naturally believed to be the case with gods. From
-this point of view, of course, it is not necessary that the victim
-should be a person who is connected with the offender by ties of
-social solidarity, although he may still be regarded as in a way a
-substitute. He may be an alien or a slave; or animals or inanimate
-things may be offered to expiate the sins of men. Among the Dacotahs,
-"for the expiation of sins or crimes a sacrifice is made of some kind
-of an animal."[255] Of the Melanesian sacrifices, says Dr. Codrington,
-"some are propitiatory, substituting an animal for the person who has
-offended."[256] The Shánárs of Tinnevelly offer up a {69} goat, a
-sheep, or a fowl, in order "to appease the angry demon, and induce him
-to remove the evil he has inflicted, or abstain from the infliction he
-may meditate."[257] It would be almost absurd to suppose that in
-similar cases the suffering or death of the animal is looked upon in
-the light of a vicarious _punishment_. Of the Hebrew sin-offering,
-Professor Kuenen aptly remarks:--[258]"According to the Israelite's
-notion, Yahveh in his clemency permits the soul of the animal
-sacrificed to take the place of that of the sacrificer. No transfer of
-guilt to the animal sacrificed takes place: the blood of the latter is
-clean and remains so, as is evident from the very fact that this blood
-is put upon the altar; it is a token of mercy on Yahveh's part that he
-accepts it. . . . Nor can it be asserted that the animal sacrificed
-undergoes the punishment in the place of the transgressor: this is
-said nowhere, and therefore, in any case, gives another, more sharply
-defined idea than that which the Israelite must have formed for
-himself; moreover, it is irreconcilable with the rule that the
-indigent may bring the tenth part of an ephah of fine flour as a
-sin-offering."[259] It should also be noticed that a purifying effect
-was ascribed to contact with the victim's blood: the high priest
-should put or sprinkle some blood upon the altar "and cleanse it, and
-hallow it from the uncleanness of the children of Israel."[260]
-
-[Footnote 251: Réville, _Prolegomena of the History of Religions_,
-p. 135.]
-
-[Footnote 252: Baring-Gould, _Origin and Development of Religious
-Belief_, i. 387 _sq._]
-
-[Footnote 253: Harnack, _op. cit._ iii. 312 _sqq._]
-
-[Footnote 254: _Ibid._ iii. 307, 315 n. 2.]
-
-[Footnote 255: Schoolcraft, _Indian Tribes of the United States_,
-ii. 196.]
-
-[Footnote 256: Codrington, _Melanesians_, p. 127.]
-
-[Footnote 257: Percival, _Land of the Veda_, p. 309 _sq._ _Cf._
-Caldwell, _Tinnevelly Shánárs_, p. 37.]
-
-[Footnote 258: Kuenen, _Religion of Israel_, ii. 266 _sq._]
-
-[Footnote 259: _Leviticus_, v. 11 _sqq._]
-
-[Footnote 260: _Ibid._ xvi. 18 _sq._]
-
-To sum up:--The fact that punishments for offences are frequently
-inflicted, or are supposed to be inflicted, by men or gods upon
-individuals who have not committed those offences, is explicable from
-circumstances which in no way clash with our thesis that moral
-indignation is, in its essence, directed towards the assumed cause of
-inflicted pain. In many cases the victim, in accordance with the
-doctrine of collective responsibility, is punished because he is
-considered to be involved in the guilt--even when he is really
-innocent--or because he is regarded as a fair {70} representative of
-an offending community. In other cases, he is supposed to be polluted
-by a sin or a curse, owing to the contagious nature of sins and
-curses. The principle of social solidarity also accounts for the
-efficacy ascribed to vicarious expiatory sacrifices; but in many
-instances expiatory sacrifices only have the character of a ransom or
-bribe.
-
-And whilst thus our thesis as to the true direction of moral
-indignation is not in the least invalidated by facts, apparently, but
-only apparently, contradictory, it is, on the other hand, strongly
-supported by the protest which the moral consciousness, when
-sufficiently guided by discrimination and sympathy, enters against the
-infliction of penal suffering upon the guiltless. Such a protest is
-heard from various quarters, both with reference to human justice and
-with reference to the resentment of gods.
-
-Confucius taught that the vices of a father should not discredit a
-virtuous son.[261] Plato lays down the rule that "the disgrace and
-punishment of the father is not to be visited on the children"; on the
-contrary, he says, if the children of a criminal who has been punished
-capitally avoid the wrongs of their father, they shall have glory, and
-honourable mention shall be made of them, "as having nobly and
-manfully escaped out of evil into good."[262] According to Roman law,
-"crimen vel poena paterna nullam maculam filio infligere potest."[263]
-"Nothing," says Seneca, "is more unjust than that any one should
-inherit the quarrels of his father."[264] The Deuteronomist enjoins,
-"The fathers shall not be put to death for the children, neither shall
-the children be put to death for the fathers: every man shall be put
-to death for his own {71} sin."[265] Lawgivers have been anxious to
-restrict the blood-feud to the actual culprit. The Koran forbids the
-avenger of blood to kill any other person than the manslayer
-himself.[266] In England, according to a law of Edmund, the feud was
-not to be prosecuted against the kindred of the slayer, unless they
-made his misdeed their own by harbouring him.[267] So, also, in
-Sweden, in the thirteenth century, the blood feud was limited by law
-to the guilty individual;[268] and we meet with a similar restriction
-in Slavonic law-books.[269]
-
-[Footnote 261: _Lun Yü_, vi. 4. _Cf._ _Thâi-Shang_ 4.]
-
-[Footnote 262: Plato, _Leges_, ix. 854 _sqq._ Plato makes an exception
-for those whose fathers, grandfathers, and great-grandfathers have
-successively undergone the penalty of death: "Such persons the city
-shall send away with all their possessions to the city and country of
-their ancestors, retaining only and wholly their appointed lot"
-(_ibid._ ix. 856). But this enactment had no doubt a purely
-utilitarian foundation, the offspring of a thoroughly wicked family
-being considered a danger to the city.]
-
-[Footnote 263: _Digesta_, xlviii. 19. 26. _Cf._ _ibid._ xlviii. 19. 20.]
-
-[Footnote 264: Seneca, _De ira_, ii. 34. _Cf._ Cicero, _De officiis_,
-i. 25.]
-
-[Footnote 265: _Deuteronomy_, xxiv. 16. _Cf._ _2 Kings_ xiv. 6.]
-
-[Footnote 266: _Koran_, xvii. 35.]
-
-[Footnote 267: _Laws of Edmund_, ii. 1.]
-
-[Footnote 268: Nordström, _Bidrag till den svenska
-samhälls-författningens historia_, ii. 103, 334, 335, 399. Wilda,
-_op. cit._ p. 174.]
-
-[Footnote 269: Kovalewsky, _Coutume contemporaine_, p. 248. In
-Montenegro it was enjoined by Daniel I. (Post, _Anfänge des Staats- und
-Rechtsleben_, p. 181).]
-
-Passing to the vengeance of gods: according to the Atharva-Veda, Agni,
-who forgives sin committed through folly and averts Varuna's wrath,
-also frees from the consequence of a sin committed by a man's father
-or mother.[270] Theognis asks, "How, O king of immortals, is it just
-that whoso is aloof from unrighteous deeds, holding no transgression,
-nor sinful oath, but being righteous, should suffer what is not
-just?"[271] According to Bion, the deity, in punishing the children of
-the wicked for their fathers' crimes, is more ridiculous than a doctor
-administering a potion to a son or grandson for a father's or
-grandfather's disease.[272] The early Greek notion of an inherited
-curse was modified into the belief that the curse works through
-generations because the descendants each commit new acts of
-guilt.[273] The persons who prohibited the sons of such as had been
-proscribed by Sylla, from standing candidates for their fathers'
-honours, and from being admitted into the senate, were supposed to
-have been punished by the gods for this injustice:--"In process of
-time," says Dionysius of Halicarnassus, "a blameless punishment, the
-avenger of their crimes, pursued {72} them, by which they themselves
-were brought down from the greatest height of glory, to the lowest
-degree of obscurity; and none, even, of their race are now left, but
-women."[274] Among the Hebrews, Jeremiah and Ezekiel broke with the
-old notion of divine vengeance. The law of individual responsibility,
-which had already previously been laid down as a principle of human
-justice, was to be extended to the sphere of religion.[275] "Every one
-shall die for his own iniquity: every man that eateth the sour grape,
-his teeth shall be set on edge."[276] "The soul that sinneth, it shall
-die. The son shall not bear the iniquity of the father, neither shall
-the father bear the iniquity of the son: the righteousness of the
-righteous shall be upon him, and the wickedness of the wicked shall be
-upon him."[277]
-
-[Footnote 270: _Atharva-Veda_, v. 30. 4. _Cf._ Macdonell, _Vedic
-Mythology_, p. 98.]
-
-[Footnote 271: Theognis, 743 _sqq._]
-
-[Footnote 272: Plutarch, _De sera numinis vindicta_ 19. _Cf._ _ibid._
-12; Cicero, _De natura Deorum_, iii. 38.]
-
-[Footnote 273: Farnell, _op. cit._ i. 77. Maine, _Ancient Law_, p. 127.]
-
-[Footnote 274: Dionysius of Halicarnassus, _op. cit._ viii. 80.]
-
-[Footnote 275: _Cf._ Montefiore, _op. cit._ p. 220; Kuenen, _op. cit._
-ii. 35 _sq._]
-
-[Footnote 276: _Jeremiah_, xxxi. 30.]
-
-[Footnote 277: _Ezekiel_, xviii. 20. For Talmudic views, see Deutsch,
-_Literary Remains_, p. 52.]
-
-
-
-
-CHAPTER III
-
-THE NATURE OF THE MORAL EMOTIONS (_continued_)
-
-
-IT was said in the last chapter that moral disapproval is a
-sub-species of resentment, and that resentment is, in its essence, an
-aggressive attitude of mind towards an assumed cause of pain. It was
-shown that, in the course of mental evolution, the true direction of
-the hostile reaction involved in moral disapproval has become more
-apparent. We shall now see that, at the same time, its aggressive
-character has become more disguised.
-
-This is evidenced by the changed opinion about anger and revenge which
-we meet at the higher stages of moral development. Retaliation is
-condemned, and forgiveness of injuries is laid down as a
-duty.
-
-The rule that a person should be forbearing and kind to his enemy has
-no place in early ethics.
-
-"Let those that speak evil of us perish. Let the enemy be clubbed,
-swept away, utterly destroyed, piled in heaps. Let their teeth be
-broken. May they fall headlong into a pit. Let us live, and let our
-enemies perish." Such were the requests which generally concluded the
-prayers of the Fijians.[1] A savage would find nothing objectionable
-in them. On the contrary, he regards revenge as a duty,[2] and
-forgiveness of enemies as a sign of weakness, or cowardice, or want of
-honour.[3] Nor {74} is this opinion restricted to the savage world. In
-the Old Testament the spirit of vindictiveness pervades both the men
-and their god. The last thing with which David on his death-bed
-charged Solomon was to destroy an enemy whom he himself had spared.[4]
-Sirach counts among the nine causes of a man's happiness to see the
-fall of his enemy.[5] The enemies of Yahveh can expect no mercy from
-him, but utter destruction is their lot.[6] To do good to a friend and
-to do harm to an enemy was a maxim of the ancient Scandinavians.[7] It
-was taken for a matter of course by popular opinion in Greece[8] and
-Rome. According to Aristotle, "it belongs to the courageous man never
-to be worsted"; to take revenge on a foe rather than to be reconciled
-is just, and therefore honourable.[9] Cicero defines a good man as a
-person "who serves whom he can, and injures none except when provoked
-by injury."[10] Except in domestic life and in the case of friends,
-Professor Seeley observes, "people not only did not forgive their
-enemies, but did not wish to do so, nor think better of themselves for
-having done so. That man considered himself fortunate who on his
-deathbed could say, in reviewing his past life, that no one had done
-more good to his friends or more mischief to his enemies. This was the
-celebrated felicity of Sulla; this the crown of Xenophon's panegyric
-on Cyrus the Younger."[11]
-
-[Footnote 1: Fison, quoted by Codrington, _Melanesians_, p. 147, n. 1.]
-
-[Footnote 2: See _infra_, on Blood-revenge.]
-
-[Footnote 3: _Cf._ Domenech, _Great Deserts of North America_, ii. 97,
-338, 438 (Dacotahs); Boas, _first General Report on the Indians of
-British Columbia_, p. 38; Baker, _Albert N'yanza_ i. 240 _sq._
-(Latukas).]
-
-[Footnote 4: _1 Kings_, ii. 8 _sq._]
-
-[Footnote 5: _Ecclesiasticus_, xxv. 7.]
-
-[Footnote 6: _Cf._ Montefiore, Hibbert Lectures, p. 40.]
-
-[Footnote 7: Maurer, _Bekehrung des Norwegischen Stammes_, ii. 154 _sq._]
-
-[Footnote 8: Maury, _Histoire des religions de la Grèce antique_, i.
-383. Schmidt, _Ethik der alten Griechen_, ii. 309 _sqq._]
-
-[Footnote 9: Aristotle, _Rhetorica_, i. 9. 24. _Cf._ Aeschylus,
-_Choeophori_, 309 _sqq._; Plato, _Meno_, p. 71; Xenophon,
-_Memorabilia_, ii. 6. 35.]
-
-[Footnote 10: Cicero, _De officiis_, iii. 19. iii. 19. _Cf._ _ibid._
-ii. 14; but _cf._ also _ibid._ i. 25, where it is said that nothing is
-more worthy of a great and a good man than placability and moderation.]
-
-[Footnote 11: Seeley, _Ecce Homo_, p. 273.]
-
-But side by side with the doctrine of resentment, we meet, among
-peoples of culture, the doctrine of forgiveness.
-
-"Recompense injury with kindness," says Lao-Tsze.[12] According to
-Mencius, "a benevolent man does not lay up anger, nor cherish
-resentment against his brother, but only regards him with affection
-and love."[13] In the laws of Manu the following rule is laid down for
-the twice-born man:--"Against an angry man let him not in return show
-anger, let him bless {75} when he is cursed."[14] It is said in the
-Buddhistic Dhammapada: "Hatred does not cease by hatred at any time;
-hatred ceases by love, this is an old rule . . . . Among men who hate
-us we dwell free from hatred. . . . Let a man overcome anger by love,
-let him overcome evil by good; let him overcome the greedy by
-liberality, the liar by truth."[15] According to one of the Pahlavi
-texts, we ought not to indulge in wrathfulness; wrath is one of the
-fiends besetting man, and "goodness is little in the mind of a man of
-wrath."[16]
-
-[Footnote 12: _Tâo Teh King_, ii. 63. 1. According to _Thâi-Shang_, 4,
-a bad man "broods over resentment without ceasing."]
-
-[Footnote 13: Mencius, v. 1. 3. 2.]
-
-[Footnote 14: _Laws of Manu_, vi. 48. _Cf._ _ibid._ viii. 313;
-Monier-Williams, _Indian Wisdom_, pp. 444, 446; Muir, _Additional
-Moral and Religious Passages, rendered from the Sanskrit_, p. 30.]
-
-[Footnote 15: _Dhammapada_, i. 5; xv. 197; xvii. 223. _Cf._ _J[=a]taka
-Tales_, i. 22; Oldenberg, _Buddha_, p. 298.]
-
-[Footnote 16: _Dînâ-î-Maînôg-î Khirad_, ii. 16; xli. 11; xxxix. 26.]
-
-In Leviticus hatred is condemned:--"Thou shalt not hate thy brother
-in thine heart. . . . Thou shalt not avenge, nor bear any grudge
-against the children of thy people."[17] Sirach, whom I have already
-quoted, says in another passage, "Forgive thy neighbour the hurt that
-he has done unto thee, so shall thy sins also be forgiven when thou
-prayest."[18] According to the Talmud, "whosoever does not persecute
-them that persecute him, whosoever takes an offence in silence, he who
-does good because of love, he who is cheerful under his sufferings
-they are the friends of God, and of them the Scripture says, And they
-shall shine forth as does the sun at noon-day."[19] The Koran, whilst
-repeating the old rule, "an eye for an eye and a tooth for a
-tooth,"[20] at the same time teaches that Paradise is "for those who
-repress their rage, and those who pardon men; God loves the kind."[21]
-Muhammedan tradition puts the following words in the mouth of the
-Prophet:--"Say not, if people do good to us, we will do good to them,
-and if people oppress us, we will oppress them: but resolve that if
-people do good to you, you will do good to them, and if they oppress
-you, oppress them not again."[22] Professor Goldziher emphasises
-Muhammed's opposition to the traditional rule of the Arabs that an
-enemy is a proper object of hatred;[23] and Syed Ameer Ali has
-collected various passages from the writings of Muhammedan scholars,
-which prove that, {76} in spite of what has often been said to the
-contrary, forgiveness of injuries is by no means foreign to the spirit
-of Islam.[24] Thus the author of the Kashshâf prescribes, "Seek again
-him who drives you away; give to him who takes away from you; pardon
-him who injures you: for God loveth that you should cast into the
-depth of your souls the roots of His perfections."[25] That "the
-sandal-tree perfumes the axe that fells it," is a saying in everyday
-use among the Muhammedans of India.[26] And Lane often heard Egyptians
-forgivingly say, on receiving a blow from an equal, "God bless thee,"
-"God requite thee good," "Beat me again."[27]
-
-[Footnote 17: _Leviticus_, xix. 17 _sq._ _Cf._ _Exodus_, xxiii. 4.]
-
-[Footnote 18: _Ecclesiasticus_, xxviii. 2. _Cf._ _ibid._ x, 6;
-_Proverbs_, xxv. 21.]
-
-[Footnote 19: Deutsch, _Literary Remains_, p. 58. _Cf._ Katz, _Der
-wahre Talmudjude_, p. 11, _sq._]
-
-[Footnote 20: _Koran_, ii. 190: "Whoso transgresses against you,
-transgress against him like as he transgressed against you."]
-
-[Footnote 21: _Ibid._ iii. 125. _Cf._ _ibid._ xxiii. 98; xxiv. 22;
-xli. 34.]
-
-[Footnote 22: Lane-Poole, _Speeches and Table-Talk of Mohammad_, p. 147.]
-
-[Footnote 23: Goldziher, _Mohammedanische Studien_, i. 15 _sq._]
-
-[Footnote 24: Ameer Ali, _Ethics of Islam_, p. 26 _sqq._]
-
-[Footnote 25: _Ibid._ p. 7. _Idem_, _Life and Teachings of Mohammed_,
-p. 280.]
-
-[Footnote 26: Poole, _Studies in Mohammedanism_, p. 226.]
-
-[Footnote 27: Lane, _Modern Egyptians_, p. 314 _sq._]
-
-The principles of forgiveness had also advocates in Greece and
-Rome. In one of the Platonic dialogues, Socrates says, "We ought not
-to retaliate or render evil for evil to any one, whatever evil we may
-have suffered from him"; though he wisely adds that "this opinion has
-never been held, and never will be held, by any considerable number of
-persons."[28] The Stoics strongly condemned anger as unnatural and
-unreasonable. "Mankind is born for mutual assistance, anger for mutual
-ruin."[29] "Anger is a crime of the mind; . . . it often is even more
-criminal than the faults with which it is angry."[30] He is the best
-and purest "who pardons others as if he sinned himself daily, but
-avoids sinning as if he never pardoned."[31] "If any one is angry with
-you, meet his anger by returning benefits for it."[32] "The cynic
-loves those who beat him."[33]
-
-[Footnote 28: Plato, _Crito_, p. 49.]
-
-[Footnote 29: Seneca, _De ira_, i. 5.]
-
-[Footnote 30: _Ibid._ i. 16; ii. 6.]
-
-[Footnote 31: Pliny, _Epistolæ_, ix. 22 (viii. 22).]
-
-[Footnote 32: Seneca, _op. cit._ ii. 34.]
-
-[Footnote 33: Epictetus, _Dissertationes_, iii. 22, 54.]
-
-Forgiveness of enemies is thus by no means an exclusively Christian
-tenet, although it has never before or after been inculcated with the
-same emphasis as it was by Jesus. "Love your enemies; bless them that
-curse you, do good to them that hate you, and pray for them which
-despitefully use you, and persecute you."[34] When St. Peter asked,
-"Lord, how oft shall my brother sin against me, and I forgive him?
-till seven times?" Jesus replied, "I say not unto thee, Until seven
-times: but, Until seventy times seven,"[35]--that is, as often as he
-repeats the offence. It would seem that Jesus by these sentences
-expressly forbade men to avenge themselves, or even {77} to feel
-resentment on their own behalf; and so also he was understood by St.
-Paul.[36]
-
-[Footnote 34: _St. Matthew_, v. 44. _Cf._ _ibid._ v. 39 _sq._; vi. 14
-_sq._; _St. Luke_, vi. 27 _sqq._; xvii. 3 _sq._; _St. Mark_,
-xi. 25 _sq._]
-
-[Footnote 35: _St. Matthew_, xviii. 21 _sq._]
-
-[Footnote 36: _Romans_, xii. 19 _sqq._; _1 Thessalonians_, v. 14
-_sq._; _Colossians_, iii. 12 _sq._]
-
-The rule of retaliation and the rule of forgiveness, however, are not
-so radically opposed to each other as they appear to be. What the
-latter condemns is, in reality, not every kind of resentment, but
-non-moral resentment; not impartial indignation, but personal hatred.
-It prohibits revenge, but not punishment. According to the Laws of
-Manu, crime was so indispensably to be followed by punishment, that if
-the king pardoned a thief or a perpetrator of violence, instead of
-slaying or striking him, the guilt fell on the king;[37] and if
-Lao-tsze was an enemy to the infliction of any kind of suffering, it
-was because he held that in a well-governed State the necessity for
-punishment could not arise, as crime would cease to exist.[38] The
-Chinese book, _Merits and Errors Scrutinised_, which regards it as a
-merit to refrain from avenging an injury, adds that, "if a man should
-omit to avenge the injuries of his parents, it would become an
-error."[39] Jesus was certainly not free from righteous indignation.
-It does not appear that he ever forgave the legalists who sinned
-against the kingdom of God, and he told his disciples that, if a
-brother who had trespassed against his brother neglected to hear the
-church, he should be looked upon as a heathen and a publican.[40]
-Christian writers have laid much stress upon the circumstance that
-Jesus enjoined men to forgive their own enemies, but not to abstain
-from resenting injuries done to others. According to Thomas Aquinas,
-"the good bear with the wicked to this extent, that, so far as it is
-proper to do so, they patiently endure at their hands the injuries
-done to themselves; but they do not bear with them to the extent of
-enduring the injuries done to God and their neighbours. For Chrysostom
-says, 'For it {78} is praiseworthy to be patient under one's own
-wrongs, but the height of impiety to dissemble injuries done to
-God.'"[41] Practically, at least, Christianity has not altered the
-validity of the Aristotelian rule that anger admits not only of an
-excess, but of a defect, and that we ought to feel angry at certain
-things.[42] As Plutarch says, we even think those worthy of hatred who
-are not vexed at hateful individuals; and we can sympathise with the
-man who, hearing somebody praise Charillus, king of Sparta, for his
-gentleness, replied, "How can Charillus be good, who is not harsh even
-to the bad?"[43] Moreover, the belief in a transcendental retributive
-justice, in an ultimate punishment of badness, which we meet with in
-Taouism,[44] Brahmanism, Buddhism,[45] Christianity,[46] side by side
-with the doctrine of forgiveness, is based upon the demand that wrong
-should be resented.
-
-[Footnote 37: _Laws of Manu_, viii. 316, 346 _sq._ _Cf._ _Gautama_,
-xii. 45; _Âpastamba_, i. 9. 25. 5.]
-
-[Footnote 38: Douglas, _Confucianism and Taouism_, p. 204.]
-
-[Footnote 39: 'Merits and Errors scrutinised,' in _Indo-Chinese
-Gleaner_, iii. 153.]
-
-[Footnote 40: _St. Matthew_, xviii. 15 _sqq._]
-
-[Footnote 41: Thomas Aquinas, _Summa Theologia_, ii.-ii. 108. 1. 2.
-_Cf._ Lactantius, _De ira Dei_, 17.]
-
-[Footnote 42: Aristotle, _Ethica Nicomachea_, ii. 7. 10; iii. 1. 24;
-iv. 5. 3 _sqq._]
-
-[Footnote 43: Plutarch, _De invidia et odio_, 5.]
-
-[Footnote 44: Douglas, _op. cit._ p. 257.]
-
-[Footnote 45: _Dhammapada_, i. 15, 17; x. 137 _sqq._]
-
-[Footnote 46: _Cf._ _Romans_, xii. 19: "Vengeance is mine; I will
-repay, saith the Lord."]
-
-It is easy to see why enlightened and sympathetic minds disapprove of
-resentment and retaliation springing from personal motives. Such
-resentment is apt to be partial. It is too often directed against
-persons whom impartial reflection finds to be no proper objects of
-indignation, and still more frequently it is unduly excessive. As
-Butler ays, "we are in such a peculiar situation, with respect to
-injuries done to ourselves, that we can scarce any more see them as
-they really are, than our eye can see itself."[47] "As bodies seem
-greater in a mist, so do little matters in a rage"; hence the old rule
-that we ought not to punish whilst angry.[48] The more the moral
-consciousness is influenced by sympathy, the more severely it condemns
-any retributive infliction of pain which it regards as undeserved; and
-it seems to be in the first place with a {79} view to preventing such
-injustice that teachers of morality have enjoined upon men to love
-their enemies. It would, indeed, be absurd to blame a person for
-expressing moral indignation at an act simply because he himself
-happens to be the offended party; practically we allow him to be even
-more indignant than the impartial spectator would be, whereas
-excessive placability often meets with censure. Like Aristotle, we
-maintain that "to submit to insult, or to overlook an insult offered
-to our friends, shows a slavish spirit"[49]; and we agree with the
-Confucian maxims, that injuries should be recompensed, not with
-kindness, but with justice, and that nobody but he who deserves it
-should be an object of hatred.[50]
-
-[Footnote 47: Butler, 'Sermon IX.--Upon Forgiveness of Injuries,' in
-_Analogy of Religion, &c._, p. 469.]
-
-[Footnote 48: Plutarch, _De cohibenda ira_, 11. Montaigne, _Essais_,
-ii. 31 (_Oeuvres_, p. 396).]
-
-[Footnote 49: Aristotle, _Ethica Nicomachea_, 5. 6.]
-
-[Footnote 50: _Lun Yü_ xiv. 36. 3; xvii. 9. 1, 5; xvii. 24. 1.
-Douglas, _Confucianism and Taouism_, p. 9. _Cf._ _Chung Yung_, x. 3;
-xxxi. 1; xxxiii. 4.]
-
-At the same time, the injunctions of moralists that unjust resentment
-should be suppressed, are far from introducing any absolutely new
-element into the estimation of conduct. They only represent a higher
-stage of a process of moral development the early phases of which are
-found already in primitive societies. Even the savage who enjoins
-revenge as a duty, regards revenge under certain circumstances as
-wrong.[51] The restraining rule of like for like, as we shall see, is
-an instance of this.
-
-[Footnote 51: Concerning the Dacotahs, Prescott observes, "There are
-cases where the Indians say retaliation is wrong, and they try to
-prevent it" (Schoolcraft, _Indian Tribes_, ii. 197).]
-
-The aggressive character of moral disapproval has become more
-disguised, not only by the more scrutinising attitude towards the
-resentment and retaliation which distinguishes the moral consciousness
-of a higher type, but by the different way in which the aggressiveness
-displays itself. The infliction of suffering merely for the sake of
-retribution is condemned, and the rule is laid down that we should
-hate, not the sinner, but only the sin.
-
-Punishment, which expresses more or less faithfully the moral
-indignation of the society which inflicts it, is externally similar to
-an act of revenge; it causes, or is intended {80} to cause, pain in
-return for inflicted pain. For ages it was looked upon as a matter of
-course that if a person had committed an offence he should have to
-suffer for it. This is still the notion of the multitude, as also of a
-host of theorisers, who, by calling punishment an expiation, or a
-reparation, or a restoration of the disturbed equilibrium of justice,
-only endeavour to give a philosophical sanction to a very simple fact,
-the true nature of which they too often have failed to grasp. The
-infliction of pain, however, is not an act which the moral
-consciousness regards with indifference, even in the case of a
-criminal; and to many enlightened minds with keen sympathy for human
-suffering, it has appeared both unreasonable and cruel that the State
-should wilfully torment him to no purpose. But whilst retributive
-punishment has been condemned, punishment itself has been defended; it
-is only looked upon in a different light, not as an end by itself, but
-as a means of attaining an end. It is to be inflicted, not because
-wrong has been done, but in order that wrong be not done. Its object
-is held to be, either to deter from crime, or to reform the criminal,
-or by means of elimination or seclusion, to make it physically
-impossible for him to commit fresh crimes.
-
-These views were expressed already in Greek and Roman
-antiquity.[52] According to Plato, a reasonable man punishes for the
-sake of deterring from wickedness, or with a view to correcting the
-offender.[53] Aristotle looks upon punishment as a moral medicine.[54]
-Seneca maintains that the law, in punishing wrong, aims at three ends:
-"either that it may correct him whom it punishes, or that his
-punishment may render other men better, or that, by bad men being put
-out of the way, the rest may live without fear."[55] In modern times
-all these theories have had, and still have, their numerous adherents.
-According to Hugo Grotius, "men are so bound together by their common
-{81} nature, that they ought not to do each other harm, except for the
-sake of some good to be attained"; hence "man is not rightly punished
-by man merely for the sake of punishing"; advantage alone makes
-punishment right--"either the advantage of the offender, or of him who
-suffers by the offence, or of persons in general."[56] For a long time
-the view taken by Hobbes, that "the aym of Punishment is not a
-revenge, but terrour,"[57] remained the leading doctrine on the
-subject, among philosophers, as well as legislators. It was shared by
-Montesquieu,[58] Beccaria,[59] and filangieri,[60] by Anselm von
-Feuerbach[61] and Schopenhauer,[62] and, in the main, by Bentham.[63]
-During the nineteenth century the principle of determent was largely
-superseded by the principle of reformation; whilst certain
-contemporary criminologists--like some previous ones[64]--are of
-opinion that punishment should aim to repress crime by an "absolute"
-or "relative elimination" of the criminal, that is, in extreme cases
-by killing him, but generally by incarcerating him in a criminal
-lunatic asylum, or by banishing him for ever or for a certain period,
-or by interdicting him from a particular neighbourhood.[65]
-
-[Footnote 52: _Cf._ Laistner, _Das Recht in der Strafe_, p. 9 _sqq._;
-Thonissen, _Le droit pénal de la république Athénienne_, p. 418 _sqq._]
-
-[Footnote 53: Plato, _Protagoras_, p. 324. _Idem_, _Politicus_, p.
-293. _Idem_, _Gorgias_, p. 479. _Idem_, _Leges_, ix. 854; xi. 934;
-xii. 944.]
-
-[Footnote 54: Aristotle, _Ethica Nicomachea_, ii. 3. 4.]
-
-[Footnote 55: Seneca, _De clementia_, i. 22. _Cf._ _Idem_, _De ira_,
-i. 19.]
-
-[Footnote 56: Grotius, _De iure belli et pacis_, ii. 20. 4 _sqq._]
-
-[Footnote 57: Hobbes, _Leviathan_, ii. 28, p. 243.]
-
-[Footnote 58: Montesquieu, _Lettres Persanes_, 81.]
-
-[Footnote 59: Beccaria, _Dei delitti e delle pene_, _passim_.]
-
-[Footnote 60: filangieri, _La scienza della legislazione_, iii. 2. 27,
-vol. iv. 13 _sq._]
-
-[Footnote 61: von Feuerbach-Mittermaier, _Lehrbuch des gemeinen in
-Deutschland gültigen Peinlichen Rechts_, p. 38 _sqq._]
-
-[Footnote 62: Schopenhauer, _Die Welt als Wille und Vorstellung_,
-ii. 683 _sqq._]
-
-[Footnote 63: Bentham, _Principles of Morals and Legislation_, p. 170
-_sq._ n. 1: ". . . Example is the most important end of all." _Idem_,
-_Rationale of Punishment_, p. 19 _sqq._]
-
-[Footnote 64: See von Feuerbach-Mittermaier, _op. cit._ p. 40.]
-
-[Footnote 65: Garofalo, _Criminologie_, p. 251 _sqq._ Ferri,
-_Criminal Sociology_, p. 204 _sqq._]
-
-The advocates of these various theories are unanimous in condemning
-retributive punishment as wrong. Without the grounds of social
-defence, says M. Guyau, "the punishment would be as blameworthy as the
-crime, and . . . the lawgivers and the judges, by deliberately
-condemning the guilty to punishment, would become their fellows."[66]
-For my own part I believe, on the contrary, that those who would
-venture to carry out all the consequences to which the theories of
-social defence or of reformation might lead, would be regarded even as
-more criminal than those they punished, not only by the {82}
-opponents, but probably by the very supporters of the theories in
-question. A brief statement of some of those consequences will, I
-hope, suffice to prove that punishment can hardly be guided
-exclusively by utilitarian considerations, but requires the sanction
-of the retributive emotion of moral disapproval.
-
-[Footnote 66: Guyau, _Esquisse d'une morale sans obligation ni
-sanction_, p. 148.]
-
-The principle of repressing crime by eliminating the criminal may at
-once be put aside, because it has no reference to the _punishment_ of
-criminals, although it contains a suggestion--and a most excellent one
-indeed--as to the proper mode of treating them. Their exclusion from
-the company of their fellow-men--not to speak of their elimination by
-death--certainly entails suffering, but, according to the principle
-with which we are dealing, this suffering is not _intended_. On the
-other hand, punishment, in the ordinary sense of the word, always
-involves an express intention to inflict pain, whatever be the object
-for which pain is inflicted. We do not punish an ill-natured dog when
-we tie him up so as to prevent him from doing harm, nor do we punish a
-lunatic by confining him in a madhouse.
-
-According to the principle of determent, the infliction of suffering
-in consequence of an offence is justified as a means of increasing
-public safety. The offender is sacrificed for the common weal. But why
-the offender only? It is quite probable that a more effective way of
-deterring from crime would be to punish his children as well; and if
-the notion of justice derived all its import from the result achieved
-by the punishment, there would be nothing unjust in doing so. The only
-objection which, from this point of view, might ever be raised against
-the practice of visiting the wrongs of the fathers upon the children,
-is that it is needlessly severe; the innocence of the children could
-count for nothing. Nor do I see why the law should not allow our own
-judges now and then to follow the example of their Egyptian colleague
-who in an intricate lawsuit caused a person avowedly innocent to be
-bastinadoed with the hope that whoever was the real {83} culprit might
-be induced to confess out of compassion.[67] Moreover, if the object
-of punishment is merely preventive, the heaviest punishment should be
-threatened where the strongest motive is needed to restrain.
-Consequently, an injury committed under great temptation, or in a
-passion, should be punished with particular severity; whereas a crime
-like parricide might be treated with more indulgence than other kinds
-of homicide, owing to the restraining influence of filial affection.
-Could the moral consciousness approve of this?
-
-[Footnote 67: Burckhardt, _Arabic Proverbs_, p. 103 _sq._]
-
-Again, if punishment were to be regulated by the principle of
-reforming the criminal, the result would in some cases be very
-astonishing. There is no more incorrigible set of offenders than
-habitual vagrants and drunkards, whereas experience has shown that the
-most easily reformed of all offenders is often some person who has
-committed a serious crime. According to the reformation theory, the
-latter should soon be set free, whilst the petty offender might have
-to be shut up for all his life. Nay more, if the criminal proves
-absolutely incorrigible, and not the slightest hope of his reformation
-is left, there would no longer be any reason for punishing him at
-all.[68] The reformationist may also be asked why he does not try some
-more humane method of improving people's characters than by the
-infliction of suffering.
-
-[Footnote 68: _Cf._ Morrison, _Crime and its Causes_, p. 203;
-Durkheim, _Division du travail social_, p. 94.]
-
-It may seem strange that theories which are open to such objections
-should have been able to attract so many intelligent partisans. These
-theories must at least possess a certain plausibility. If punishment
-on the one hand springs from moral indignation, and on the other hand
-is frequently interpreted as a means either of deterring from crime or
-of reforming the criminal, there must obviously be some connection
-between these ends and the retributive aim of moral resentment. There
-must be certain facts which, to some extent, fill up the gap between
-the theory of retribution and the other theories of punishment.
-
-{84} The doctrine of determent regards punishment as a means of
-preventing crime. A crime always involves the infliction of pain; and
-the one thing which men try to prevent for its own sake is pain. The
-one thing which arouses resentment is likewise pain. There must
-consequently be a general coincidence between the acts which people
-resent and the acts which the law would punish if it were framed on
-the principle of determent. But the resemblance between the desire to
-deter and resentment is greater still. Resentment is not only aroused
-by pain, but is a hostile attitude towards its cause, and its
-intrinsic object is to remove this cause, that is, to prevent pain. An
-act of moral resentment is therefore apt to resemble a punishment
-inflicted with a view to deterring from crime, provided that the
-punishment is directed against the cause of crime--the criminal
-himself--and is not unduly severe.
-
-The doctrine of reformation aims at the removal of a criminal
-disposition of mind by improving the offender. Moral resentment
-likewise aims at the removal of a volitional cause of pain, by
-bringing about repentance in the offender. That repentance ought to be
-followed by forgiveness, partial or total, is a widely recognised
-moral claim.
-
-According to the Chinese Penal Code, whoever, having committed an
-injury which can be repaired by restitution or compensation,
-surrenders himself voluntarily, and acknowledges his guilt to a
-magistrate, before it is otherwise discovered, shall be freely
-pardoned, though all claims upon his property shall be duly
-liquidated.[69] In Madagascar, according to a law made in 1828, "all
-the fines shall be reduced one-half, according to the nature of the
-fines, if the persons guilty accuse themselves."[70] According to
-Zoroastrianism, one element of atonement consists in repentance, as
-manifested by avowal of the guilt and by the recital of a formula, the
-_Patet_.[71] It is said in the Laws of Manu:--"In proportion as a man
-who has done wrong, himself {85} confesses it, even so far he is freed
-from guilt, as a snake from its slough. . . . He who has committed a
-sin and has repented, is freed from that sin, but he is purified only
-by the resolution of ceasing to sin and thinking 'I will do so no
-more.'"[72] According to the Rig-Veda, Varuna inflicts terrible
-punishments on the hardened criminal, but is merciful to him who
-repents; to Varuna the cry of anguish from remorse ascends, and before
-him the sinner comes to discharge himself of the burden of his guilt
-by confession.[73] So, also, Zeus pardons the repentant.[74] The main
-doctrine of Judaism on the subject of atonement is comprised in the
-single word Repentance. No teachers, says Mr. Montefiore, "exalted the
-place and power of repentance more than the Rabbis. There was no sin
-for which in their eyes a true repentance could not obtain forgiveness
-from God."[75] According to the Talmud, a space of only two fingers'
-breadth lies between Hell and Heaven: the sinner has only to repent
-sincerely, and the gates to everlasting bliss will spring open.[76]
-Jesus commanded his disciples to forgive injuries if followed by
-repentance:--"If thy brother trespass against thee, rebuke him; and if
-he repent, forgive him. And if he trespass against thee seven times in
-a day, and seven times in a day turn again to thee, saying, I repent;
-thou shalt forgive him."[77]
-
-[Footnote 69: _Ta Tsing Leu Lee_, sec. xxv. p. 27 _sq._]
-
-[Footnote 70: Ellis, _History of Madagascar_, i. 386.]
-
-[Footnote 71: Darmesteter, in _Sacred Books of the East_,
-iv. p. lxxxvi.]
-
-[Footnote 72: _Laws of Manu_, xi. 229, 231. _Cf._ _ibid._ xi. 228, 230.]
-
-[Footnote 73: _Rig-Veda_, i. 25. 1 _sq._; ii. 28. 5 _sqq._; v. 85. 7
-_sq._; vii. 87. 7, 88. 6 _sq._, 89. 1 _sqq._ Barth, _Religions of
-India_, p. 17.]
-
-[Footnote 74: _Ilias_, ix. 502 _sqq._]
-
-[Footnote 75: Montefiore, _op. cit._ pp. 524, 335 n.]
-
-[Footnote 76: Deutsch, _Literary Remains_, p. 53. _Cf._ _ibid._ p. 56;
-Katz, _Der wahre Talmudjude_, p. 87 _sq._; Kohler, 'Atonement,' in
-_Jewish Encyclopedia_, ii. 279; Moore, 'Sacrifice' in Cheyne and
-Black, _Encyclopædia Biblica_, iv. 4224 _sq._]
-
-[Footnote 77: _St. Luke_, xvii. 3 _sq._]
-
-But repentance not only blunts the edge of moral indignation and
-recommends the offender to the mercy of men and gods: it is the sole
-ground on which pardon can be given by a scrupulous judge. When
-sufficiently guided by deliberation and left to itself, without being
-unduly checked by other emotions, the feeling of moral resentment is
-apt to last as long as its cause remains unaltered, that is until the
-will of the offender has ceased to be offensive; and it ceases to be
-offensive only when he acknowledges his guilt and repents. It is true
-that the mere performance of certain ceremonies is frequently supposed
-to relieve the performer of his sins,[78] and that the {86} same end
-is thought to be attained by pleasing God in some way or other, by
-sacrifice, or alms-giving, or the like. Men even lay claim to divine
-forgiveness as a right belonging to them in virtue of some meritorious
-deeds of theirs, according to the doctrine of _opera supererogativa_--a
-doctrine which, in substance, is not restricted to Roman Catholicism,
-but is found, in a more or less developed form, in Judaism,[79]
-Muhammedanism,[80] Brahmanism,[81] and degenerated Buddhism.[82] But
-all such ideas are objectionable to the moral consciousness of a
-higher type. They are based on the crude notion that sin is a material
-substance which may be removed by material means; or on the belief
-that an offender may compound with the deity for sinning against him,
-in the same way as he pacifies his injured neighbour, by bribery or
-flattery; or on the assumptions that by a good or meritorious deed a
-man has done more than his duty, that a good deed stands in the same
-relation to a bad deed as a claim to a debt, that the claim is made on
-the same person to whom the debt is due, namely, God--even though it
-beinclihedinclihed only by his mercy--and that the debt consequently
-may be compensated by the claim in the same way as the payment of a
-certain sum may compensate for a loss inflicted. This doctrine
-attaches badness and goodness to external acts rather than to mental
-facts. Reparation implies compensation for a loss. The loss may be
-compensated by the bestowal of a corresponding advantage; but no
-reparation can be given for badness. Badness can only be forgiven, and
-moral forgiveness can be granted only on condition that the agent's
-mind has undergone a radical alteration for the better, that the
-badness of the will has given way to repentance.[83] Hence the
-Reformation {87} proscribed offerings for the redemption of sins,
-together with the trade in indulgences; and we meet with an analogous
-movement in other comparatively advanced forms of religion. In
-reformed Brahmanism, repentance is declared to be the only means of
-redeeming trespasses.[84] The idea expressed in the Psalms, that God
-delights not in burnt offerings, but that the sacrifices of God are a
-broken and a contrite heart,[85] became the prevailing opinion among
-the Rabbis, most of whom regarded repentance as the _conditio sine quâ
-non_ of expiation and the forgiveness of sins.[86] Let us also
-remember that he who commanded his followers to forgive a brother for
-his sin, at the same time pronounced the qualification: "if he
-repent."[87]
-
-[Footnote 78: _Supra_, p. 53 _sqq._ Heriot, _Travels through the
-Canadas_, p. 378 (ancient Mexicans). Adair, _History of the American
-Indians_, p. 150. Krasheninnikoff, _History of Kamchatka_, p. 178.
-Williams and Calvert, _Fiji_, p. 24.]
-
-[Footnote 79: Montefiore, _op. cit._ p. 525 _sqq._]
-
-[Footnote 80: _Koran_, xi. 116. Sell, _Faith of Islám_, p. 220 _sq._
-According to Muhammadanism, however, it is only "little sins" that are
-forgiven if some good actions are done, whereas "great sins" can only
-be forgiven after due repentance (_ibid._ p. 214).]
-
-[Footnote 81: Wheeler, _History of India_, ii. 475.]
-
-[Footnote 82: _Indo-Chinese Gleaner_, iii. 150, 161, 164. Davis,
-_China_, ii. 48.]
-
-[Footnote 83: This point was certainly not overlooked by the Catholic
-moralists, but even the most ardent apology cannot explain away the
-idea of reparation in the Catholic doctrine of the justification of
-man (_cf._ Manzoni, _Osservazioni sulla Morale Cattolica_, p. 100).
-Penance consists of contrition, confession, and satisfaction, and
-contrition itself is chiefly "a willingness to compensate" (_Catechism
-of the Council of Trent_, ii. 5. 22).]
-
-[Footnote 84: Goblet d'Alviella, _Hibbert Lectures on the Origin and
-Growth of the Conception of God_, p. 263.]
-
-[Footnote 85: _Psalms_, li. 16 _sq._]
-
-[Footnote 86: Moore, _loc. cit._ col. 4225.]
-
-[Footnote 87: _Cf._ Martineau, _Types of Ethical Theory_, ii. 203.]
-
-That moral indignation is appeased by repentance, and that repentance
-is the only proper ground for forgiveness, is thus due, not to the
-specifically moral character of such indignation, but to its being a
-form of resentment. This is confirmed by the fact that an angry and
-revengeful man is apt to be in a similar way influenced by the sincere
-apologies of the offender. As Aristotle said, men are placable in
-regard to those who acknowledge and repent their guilt: "there is
-proof of this in the case of chastising servants; for we chastise more
-violently those who contradict us, and deny their guilt; but towards
-such as acknowledge themselves to be justly punished, we cease from
-our wrath."[88] To take an instance from the savage world. The
-Caroline Islander, according to Mr. Christian, "is inclined to be
-revengeful, and will bide his time patiently until his opportunity
-comes. Yet he is not implacable, and counts reconciliation a noble and
-a princely thing. There is a form of etiquette to be observed on {88}
-these occasions--a present (_katom_) is made, an apology offered--a
-piece of sugar-cane accepted by the aggrieved party--honour is
-satisfied and the matter ends."[89] In the case of revenge, external
-satisfaction or material compensation is often allowed to take the
-place of genuine repentance, and the humiliation of the adversary may
-be sufficient to quiet the angry passion. But the revenge felt by a
-reflecting mind is not so readily satisfied. It wants to remove the
-cause which aroused it. The object which resentment is chiefly intent
-upon, Adam Smith observes, "is not so much to make our enemy feel pain
-in his turn, as to make him conscious that he feels it upon account of
-his past conduct, to make him repent of that conduct, and to make him
-sensible, that the person whom he injured did not deserve to be
-treated in that manner."[90] The delight of revenge, says Bacon,
-"seemeth to be not so much in doing the hurt, as in making the party
-repent."[91]
-
-[Footnote 88: Aristotle, _Rhetorica_, ii. 3. 5.]
-
-[Footnote 89: Christian, _Caroline Islands_, p. 72.]
-
-[Footnote 90: Adam Smith, _Theory of Moral Sentiments_, p. 138 _sq._]
-
-[Footnote 91: Bacon, 'Essay IV. Of Revenge,' in _Essays_, p. 45. _Cf._
-Montaigne, _Essais_, ii. 27 (_Oeuvres_, p. 384).]
-
-We can now see the origin of the idea that the true end of punishment
-is the reformation of the criminal. This idea merely emphasises the
-most humane element in resentment, the demand that the offender's will
-shall cease to be offensive. The principle of reformation has thus
-itself a retributive origin. This explains the fact, otherwise
-inexplicable, that the amendment which it has in view is to be
-effected by the infliction of pain. It also accounts for the
-inconsistent attitude of the reformationist towards incorrigible
-offenders, already commented upon. Resentment gives way to forgiveness
-only in the case of repentance, not in the case of incorrigibility.
-Hence, not even the reformationist regards incorrigibility as a
-legitimate ground for exempting a person from punishment, although
-this flatly contradicts his theory about the true aim of all
-punishment.
-
-Thus the theories both of determent and of reformation are ultimately
-offspring of the same emotion that first {89} induced men to inflict
-punishment on their fellow-creatures. It escaped the advocates of
-these theories that they themselves were under the influence of the
-very principle they fought against, because they failed to grasp its
-true import. Rightly understood, resentment is preventive in its
-nature, and, when sufficiently deliberate, regards the infliction of
-suffering as a means rather than as an end. It not only gives rise to
-punishment, but readily suggests, as a proper end of punishment,
-either determent or amendment or both. But, first of all, moral
-resentment wants to raise a protest against wrong. And the immediate
-aim of punishment has always been to give expression to the righteous
-indignation of the society which inflicts it.
-
-Now it may be thought that men have no right to give vent to their
-moral resentment in a way which hurts their neighbours unless some
-benefit may be expected from it. In the case of many other emotions,
-we hold that the conative element in the emotion ought not to be
-allowed to develop into a distinct volition or act; and it would seem
-that a similar view might be taken with reference to the
-aggressiveness inherent in moral disapproval. It is a notion of this
-kind that lies at the bottom of the utilitarian theories of
-punishment. They are protests against purposeless infliction of pain,
-against crude ideas of retributive justice, against theories hardly in
-advance of the low feelings of the popular mind. Therefore, they mark
-a stage of higher refinement in the evolution of the moral
-consciousness; and if the principles of determent and reformation are
-open to objections which will be shared by almost everyone, that is
-due to other circumstances than their demand that punishment should
-serve a useful end. As we have seen, they ignore the fact that a
-punishment, in order to be recognised as just, must not transgress the
-limits set down by moral disapproval, that it must not be inflicted on
-innocent persons, that it must be proportioned to the guilt, that
-offenders who are amenable to discipline must not be treated more
-severely {90} than incorrigible criminals. These theories also seem to
-exaggerate the deterring or reforming influence which punishments
-exercise upon criminals,[92] whilst, in another respect, they take too
-narrow a view of its social usefulness. Whether its voice inspire fear
-or not, whether it wake up a sleeping conscience or not, punishment,
-at all events, tells people in plain terms what, in the opinion of the
-society, they ought not to do. It gives the multitude a severe lesson
-in public morality; and it is difficult to see how quite the same
-effect could be attained by any other method. Retaliation is such a
-spontaneous expression of indignation, that people would hardly
-realise the offensiveness of an act which evokes no signs of
-resentment. Of course, punishment, in the legal sense of the term, is
-only one form--the most concrete form--of public retaliation; it is,
-indeed, probable that public opinion exercises a greater influence on
-men than punishment would do without its aid.[93] But punishment, in
-combination with public opinion, has no doubt to some extent an
-educating, and not merely a deterring, influence upon the members of a
-society. As Sir James Stephen observes, "the sentence of the law is to
-the moral sentiment of the public in relation to any offence what a
-seal is to hot wax. It converts into a permanent final judgment what
-might otherwise be a transient sentiment."[94] finally, it must not be
-overlooked that the infliction of punishment upon the perpetrator of a
-grave offence gratifies a strong general desire, and, even though the
-pain which always accompanies an unsatisfied desire would by itself
-afford no sufficient justification for subjecting the offence to such
-intense {91} suffering, other more serious consequences might easily
-result from leaving him unpunished. The public indignation might find
-a vent in some less regular and less discriminating mode of
-retaliation, like lynching; or, on the other hand, by remaining
-unsatisfied, the desire might dwindle away from want of nourishment,
-and the moral standard suffer a corresponding loss.
-
-[Footnote 92: On the limited efficiency of punishment as a deterrent,
-see Ferri, _op. cit._ p. 82 _sq._ On the moral insensibility of the
-instinctive and habitual criminal, and absence of remorse, see
-Havelock Ellis, _The Criminal_, p. 124 _sqq._]
-
-[Footnote 93: _Cf._ Locke, _Essay concerning Human Understanding_, ii.
-28. 12 (_Philosophical Works_, p. 283); Shaftesbury, 'Inquiry
-concerning Virtue and Merit,' i. 3. 3, in _Characteristicks_, ii. 64.]
-
-[Footnote 94: Stephen, _History of the Criminal Law of England_, ii.
-81. _Cf._ Shaftesbury, _op. cit._ ii. 64: "As to punishments and
-rewards, their efficacy is not so much from the fear or expectation
-which they raise, as from a natural esteem of virtue, and detestation
-of villainy, which is awaken'd and excited by these publick
-expressions of the approbation and hatred of mankind in each case."]
-
-However, it is not to be believed that, in practice, the infliction of
-punishment is, or ever will be, regulated merely by considerations of
-social utility, even within the limits of what is recognised as
-legitimate by the moral sentiment. The retributive desire is so
-strong, and appears so natural, that we can neither help obeying it,
-nor seriously disapprove of its being obeyed. The theory that we have
-a right to punish an offender only in so far as, by doing so, we
-promote the general happiness, really serves in the main as a
-justification for gratifying such a desire, rather than as a
-foundation for penal practice. Moreover, this theory refers, and
-pretends to refer, only to outward behaviour--to punishment, not to
-the emotion from which punishment springs. It condemns the retributive
-act, not the retributive desire.
-
-But at the same time the aggressive element in the emotion itself has
-undergone a change, which tends to conceal its true nature by partly
-leading it into a new channel, or, rather, by narrowing the channel in
-which it discharges itself. Resentment is directed against the cause
-of the offence by which it was aroused--broadly speaking, the
-offender. But when duly reflecting upon the matter, we cannot fail to
-admit that the real cause was not the offender as a whole, but his
-will. Deliberate and discriminating resentment is therefore apt to
-turn against the will rather than against the willer; as we have seen,
-it is desirous to inflict pain on the offender chiefly as a means of
-removing the cause of pain suffered, _i.e._, the existence of the bad
-will. If this is the case with deliberate resentment in general, it
-must particularly be the case with moral indignation, which is more
-likely to be {92} influenced by sympathy, and hence more discriminate,
-than non-moral resentment. This fact gives rise to the moral
-commandment that we should hate, not the sinner, but the sin. The
-hostile reaction should be focussed on the will of the offender, and
-his sensibility should be regarded merely as an instrument through
-which the will is worked upon. But there is little hope that such a
-demand can ever be strictly enforced. Professor Sidgwick justly
-remarks that, though moralists try to distinguish between anger
-directed "against the act" and anger directed "against the agent," it
-may be fairly doubted whether it is within the capacity of ordinary
-human nature to maintain this distinction in practice.[95] The will
-which offends, and the sensibility which suffers, cannot seriously be
-looked upon as two different entities the one of which should not be
-punished for the fault of the other. The person himself is held
-responsible for the offence. The hostile reaction turns against his
-will because only by acting upon the will can the cause of pain be
-removed. But since the remotest ages the aggressive attitude towards
-this cause has been connected with an instinctive desire to produce
-counter-pain; and, though we may recognise that such a desire, or
-rather the volition into which it tends to develop, may be morally
-justifiable only if it is intended to remove the cause of pain, we can
-hardly help being indulgent to the gratification of a human instinct
-which seems to be well nigh ineradicable. It is the instinctive desire
-to inflict counter-pain that gives to moral indignation its most
-important characteristic. Without it, moral condemnation and the ideas
-of right and wrong would never have come into existence. Without it,
-we should no more condemn a bad man than a poisonous plant. The reason
-why moral judgments are passed on volitional beings, or their acts, is
-not merely that they are volitional, but that they are sensitive as
-well; and however much we try to concentrate our indignation on the
-act, it derives its peculiar flavour from being directed {93} against
-a sensitive agent. I have heard persons of a highly sympathetic cast
-of mind assert that a wrong act awakens in them only sorrow, not
-indignation; but though sorrow be the predominant element in their
-state of mind, I believe that, on a close inspection, they would find
-there another emotion as well, one in which there is immanent an
-element of hostility, however slight. It is true that the intensity of
-moral indignation cannot always be measured by the actual desire to
-cause pain to the offender; but its intensity seems nevertheless to be
-connected with the amount of suffering which the indignant man is
-willing to let the offender undergo in consequence of the offence.
-Which of us could ever, quite apart from any utilitarian
-considerations, feel the same sympathy with a person who suffers on
-account of his badness as with one who suffers innocently? It is one
-of the most interesting facts related to the moral consciousness of a
-higher type, that it in vain condemns the gratification of the very
-desire from which it sprang. It is like a man of low extraction, who,
-in spite of all acquired refinement, bears his origin stamped on his face.
-
-[Footnote 95: Sidgwick, _Methods of Ethics_, p. 364.]
-
-       *       *       *       *       *
-
-Whilst resentment is a hostile attitude of mind towards a cause of
-pain, retributive kindly emotion is a friendly attitude of mind
-towards a cause of pleasure. Just as in the lower forms of anger there
-is hardly any definite desire to produce suffering, only a vehement
-desire to remove the cause of pain, so in the lower form of
-retributive kindly emotion there is hardly any definite desire to
-produce pleasure, only a friendly endeavour to retain the cause of the
-pleasure experienced. When the emotion contains a definite desire to
-give pleasure in return for pleasure received, and at the same time is
-felt by the favoured party in his capacity of being himself the object
-of the benefit, it is called gratitude. We often find intermingled
-with gratitude a feeling of indebtedness; he upon whom a benefit has
-been conferred feels himself as a debtor, and regards the benefactor
-as his creditor. This feeling has {94} even been represented as
-essential to, or as a condition of, gratitude;[96] but it is not
-implied in what I here understand by gratitude. It is one thing to be
-grateful, and another thing to feel that it is one's duty to be
-grateful. A depression of the "self-feeling," a feeling of
-humiliation, also frequently accompanies gratitude as a motive for
-requiting the benefit; but it is certainly not an element in gratitude
-itself.
-
-[Footnote 96: Horwicz, _Psychologische Analysen_, ii. 333: "Ohne
-dieses Gefühl des Verbundenseins . . . . kann keine Dankbarkeit
-auskommen." _Cf._ Milton, _Paradise Lost_, iv. 52 _sqq._]
-
-Retributive kindly emotion is a much less frequent phenomenon in the
-animal kingdom than is the emotion of resentment. In many animal
-species not even the germ of it is found, and where it occurs it is
-generally restricted within narrow limits. Anybody may provoke an
-animal's anger, but only towards certain individuals it is apt to feel
-retributive kindliness. The limits for this emotion are marked off by
-the conditions under which altruistic sentiments in general tend to
-arise--a subject which will be discussed in another connection.
-Indeed, social affection is itself essentially retributive. Gregarious
-animals take pleasure in each other's company, and with this pleasure
-is intimately associated kindly feeling towards its cause, the
-companion himself. Social affection presupposes reciprocity; it is not
-only a friendly sentiment towards another individual, but towards an
-individual who is conceived of as a friend.
-
-The intrinsic object of retributive kindliness being to retain a cause
-of pleasure, we may assume that the definite desire to produce
-pleasure in return for pleasure received is due to the fact that such
-a desire materially promotes the object in question--exactly in the
-same way as the definite desire to inflict pain in return for pain
-inflicted has become an element in resentment because such a desire
-promotes the intrinsic object of resentment, the removal of the cause
-of pain. And as natural selection accounts for the origin of
-resentment, so it also accounts for the {95} origin of retributive
-kindly emotion. Both of these emotions are useful states of mind; by
-resentment evils are averted, by retributive kindliness benefits are
-secured. That there is such a wide difference in their prevalence is
-explicable from the simple facts that gregariousness--which is the
-root of social affection, and, largely at least, a condition of the
-rise of retributive kindly emotions--is an advantage only to some
-species, not to all, and that even gregarious animals have many
-enemies, but few friends.
-
-In some cases the friendly reaction in retributive kindliness is
-directed towards individuals who have in no way been the cause of the
-pleasure which gave rise to the emotion. So intimate is the connection
-between the stimulus and the reaction, that he who is made happy often
-feels a general desire to make others happy.[97] But such an
-indiscriminate reaction is only an offset of the emotion with which we
-are here concerned. Moreover, retributive kindly emotion often confers
-benefits upon somebody nearly related to the benefactor, if he himself
-be out of reach, or in addition to benefits conferred on him. But in
-such cases the gratitude towards the benefactor is the real
-motive.
-
-[Footnote 97: That a happy man wants to see glad faces around him, is
-also due to another cause, which has been pointed out by Dr. Hirn
-(_Origins of Art_, p. 83): from their expression he wants to derive
-further nourishment and increase for his own feeling.]
-
-That moral approval--by which I understand that emotion of which moral
-praise or reward is the outward manifestation--is a kind of
-retributive kindly emotion and as such allied to gratitude, will
-probably be admitted without much hesitation.[98] Its friendly
-character is not, like the hostile character of moral disapproval,
-disguised by any apparently contradictory facts. To confer a benefit
-upon a person is not generally regarded as wrong, unless, indeed, it
-involves an encroachment on somebody's rights or is contrary to the
-feeling of justice. And that moral approval sometimes bestows its
-favours upon undeserving {96} individuals for the merits of others,
-can no more invalidate the fact that it is essentially directed
-towards the cause of pleasure, than the occasional infliction of
-punishments upon innocent individuals invalidates the fact that moral
-disapproval is essentially directed against the cause of pain.
-Unmerited rewards are explicable on grounds analogous to those to
-which we have traced unmerited punishments.
-
-[Footnote 98: The relationship between gratitude and moral approval
-has been recognised by Hartley (_Observations on Man_, i. 520) and
-Adam Smith (_Theory of Moral Sentiments_, _passim_).]
-
-The doctrine of family solidarity leads, not only to common
-responsibility for crimes, but to common enjoyment of merits.
-
-In Madagascar, exemption from punishment was claimed by the
-descendants of persons who had rendered any particular service to the
-sovereign or the State, as also by other branches of the family, on
-the same plea.[99] According to Chinese ideas, the virtuous conduct of
-any individual will result, not only in prosperity to himself, but in
-a certain quantity of happiness to his posterity, unless indeed the
-personal wickedness of some of the descendants neutralise the benefits
-which would otherwise accrue from the virtue of the ancestor;[100]
-and, conversely, the Chinese Government confers titles of nobility
-upon the dead parents of a distinguished son.[101] The idea that the
-dead share in _punya_ or _pâpa_, that is, the merit or demerit of the
-living, and that the happiness of a man in the next life depends on
-the good works of his descendants, was early familiar to the civilised
-natives of India; almost all legal deeds of gift contain the formula
-that the gift is made "for the increase of the _punya_ of the donor
-and that of his father and mother."[102]
-
-[Footnote 99: Ellis, _History of Madagascar_, 376.]
-
-[Footnote 100: Giles, _Strange Stories from a Chinese Studio_, i. 426,
-n. 3; ii. 384, n. 63. Doolittle, _Social Life of the Chinese_, ii. 398.]
-
-[Footnote 101: Giles, _op. cit._ i. 305, n. 6. Wells Williams, _Middle
-Kingdom_, i. 422.]
-
-[Footnote 102: Barth, _Religions of India_, p. 52, n. 4.]
-
-But the vicarious efficacy of good deeds is not necessarily restricted
-to the members of the same family.
-
-In a hymn of the Rig-Veda we find the idea that the merits or the
-pious may benefit their neighbours.[103] According to one of the
-Pahlavi texts, persons who are wholly unable to perform good works are
-supposed to be entitled to a share of any supererogatory good works
-performed by others.[104] The Chinese believe that {97} whole kingdoms
-are blessed by benevolent spirits for the virtuous conduct of their
-rulers.[105] Yahveh promised not to destroy Sodom for the sake of ten
-righteous, provided that so many righteous could be found in the
-town.[106] The doctrine of vicarious reward or satisfaction through
-good works is, in fact, more prevalent than the doctrine of vicarious
-punishment. Jewish theology has a great deal more to say about the
-acceptance of the merits of the righteous on behalf of the wicked,
-than about atonement through sacrifice.[107] The Muhammedans, who know
-nothing of vicarious suffering as a means of expiation, confer merits
-upon their dead by reciting chapters of the Koran and almsgiving, and
-some of them allow the pilgrimage to Mecca to be done by proxy.[108]
-Christian theology itself maintains that salvation depends on the
-merit of the passion of Christ; and from early times the merits of
-martyrs and saints were believed to benefit other members of the
-Church.[109]
-
-[Footnote 103: _Rig-Veda_, vii. 35. 4.]
-
-[Footnote 104: _Dînâ-î-Maînôg-î Khirad_ xv. 3.]
-
-[Footnote 105: de Groot, _Religious System of China_ (vol. iv. book)
-ii. 435.]
-
-[Footnote 106: _Genesis_, xviii. 32.]
-
-[Footnote 107: Robertson Smith, _Religion of the Semites_, p. 424, n. 1.]
-
-[Footnote 108: Lane, _Modern Egyptians_, pp. 247, 248, 532. Sell, _op.
-cit._ pp. 242, 278, 287, 288, 298. _Cf._ Wallin, _Fórsta Resa från
-Cairo till Arabiska öknen_, p. 103.]
-
-[Footnote 109: Harnack, _History of Dogma_, ii. 133, n. 3.]
-
-For the explanation of these and similar facts various circumstances
-have to be considered. Good deeds may be so pleasing to a god as to
-induce him to forgive the sins of the wicked in accordance with the
-rule that anger yields to joy. There is solidarity not only between
-members of the same family, but between members of the same social
-unit; hence the virtues of individuals may benefit the whole community
-to which they belong. The Catholic theologian argues that, since we
-are all regenerated unto Christ by being washed in the same baptism,
-made partakers of the same sacraments, and, especially, of the same
-meat and drink, the body and blood of Christ, we are all members of
-the same body. "As, then, the foot does not perform its functions
-solely for itself, but also for the benefit of the eyes; and as the
-eyes exercise their sight, not for their own, but for the common
-benefit of all the members; so should works of satisfaction be deemed
-common to all the members of the {98} Church."[110] Moreover, virtues,
-like sins, are believed to be in a material way transferable. In Upper
-Bavaria, when a dead person is laid out, a cake of flour is placed on
-his breast in order to absorb the virtues of the deceased, whereupon
-the cake is eaten by the nearest relatives.[111] And we are told that,
-in a certain district in the north of England, if a child is brought
-to the font at the same time as a body is committed to the ground,
-whatever was "good" in the deceased person is supposed to be
-transferred to the little child, since God does not allow any
-"goodness" to be buried and lost to the world, and such "goodness" is
-most likely to enter a little child coming to the sacrament of
-Baptism.[112] A blessing, also, no less than a curse, is looked upon
-in the light of material energy; goodness is not required for the
-acquisition of it, mere contact will do. Blessings are hereditary:--"The
-just man walketh in his integrity: his children are blessed after
-him."[113]
-
-[Footnote 110: _Catechism of the Council of Trent_, ii. 5. 72.]
-
-[Footnote 111: _Am Urquell_, ii. 101.]
-
-[Footnote 112: Peacock, 'Executed Criminals and Folk-Medicine,' in
-_Folk-Lore_, vii. 280.]
-
-[Footnote 113: _Proverbs_, xx. 7.]
-
-It is no doubt more becoming for a god to pardon the sinner on account
-of the merits of the virtuous, than to punish the innocent for the
-sins of the wicked. It shows that his compassion overcomes his wrath;
-and the mercy of the deity is, among all divine attributes, that on
-which the higher monotheistic religions lay most stress. Allah said,
-"Whoso doth one good act, for him are ten rewards, and I also give
-more to whomsoever I will; and whoso doth ill, its retaliation is
-equal to it, or else I forgive him."[114] Nevertheless, the moral
-consciousness of a higher type can hardly approve that the wicked
-should be pardoned for the sake of the virtuous, or that the reward
-for an act should be bestowed upon anybody else than the agent. The
-doctrine of vicarious merit or recompense is not just; it involves
-that badness is unduly ignored; it is based on crude ideas of goodness
-and merit. The theory of _opera supererogativa_, as we have seen,
-attaches badness {99} and goodness to external acts rather than to
-mental facts, and assumes that reparation can be given for badness,
-whereas the scrutinising moral judge only forgives badness in case it
-is superseded by repentance. If thus a bad act cannot be compensated
-by a good one, even though both be performed by one and the same
-person, it can still less be compensated by the good act of another
-man. From various quarters we hear protests against the notion of
-vicarious merit--protests which emphasise the true direction of moral
-reward. Ezekiel, who reproved the old idea that the children's teeth
-are set on edge because the fathers have eaten sour grapes, also
-taught that a wicked son is to reap no benefit from the blessings
-bestowed upon a righteous father.[115] "Fear the day," says the Koran,
-"wherein no soul shall pay any recompense for another soul."[116] The
-Buddhistic Dhammapada contains the following passage, which sums up
-our whole argument:--"By oneself the evil is done, by oneself one
-suffers; by oneself evil is left undone, by oneself one is purified.
-The pure and the impure stand and fall by themselves, no one can
-purify another."[117]
-
-[Footnote 114: Lane-Poole, _Speeches and Table-Talk of Mohammad_,
-p. 147.]
-
-[Footnote 115: _Ezekiel_, xviii. 5 _sqq._]
-
-[Footnote 116: _Koran_, ii. 44.]
-
-[Footnote 117: _Dhammapada_, xii. 165.]
-
-
-
-
-CHAPTER IV
-
-THE NATURE OF THE MORAL EMOTIONS (_concluded_)
-
-
-WE have seen that moral disapproval is a form of resentment, and that
-moral approval is a form of retributive kindly emotion. It still
-remains for us to examine in what respects these emotions differ from
-kindred non-moral emotions--disapproval from anger and revenge,
-approval from gratitude--in other words, what characterises them as
-specifically _moral_ emotions.
-
-It is a common opinion, held by all who regard the intellect as the
-source of moral concepts, that moral emotions only arise in
-consequence of moral judgments, and that, in each case, the character
-of the emotion is determined by the predicate of the judgment. We are
-told that, when the intellectual process is completed, when the act in
-question is definitely classed under such or such a moral category,
-then, and only then, there follows instantaneously a feeling of either
-approbation or disapprobation as the case may be.[1] When we hear of a
-murder, for instance, we must discern the wrongness of the act before
-we can feel moral indignation at it.
-
-[Footnote 1: Fleming, _Manual of Moral Philosophy_, p. 97 _sqq._
-Fowler, _Principles of Morals_, ii. 198 _sqq._]
-
-It is true that a moral judgment may be followed by a moral emotion,
-that the finding out the tendency of a certain mode of conduct to
-evoke indignation or approval is apt to call forth such an emotion, if
-there was none before, or otherwise to increase the one existing. It
-is, moreover, true that the predicate of a moral judgment, as {101}
-well as the generalisation leading up to such a predicate, may give a
-specific colouring to the approval or disapproval which it produces,
-quite apart from the general characteristics belonging to that emotion
-in its capacity of a moral emotion; the concepts of duty and justice,
-for instance, no doubt have a peculiar flavour of their own. But for
-all this, moral emotions cannot be described as resentment or
-retributive kindliness called forth by moral judgments. Such a
-definition would be a meaningless play with words. Whatever emotions
-may follow moral judgments, such judgments could never have been
-pronounced unless there had been moral emotions antecedent to them.
-Their predicates, as was pointed out above, are essentially based on
-generalisations of tendencies in certain phenomena to arouse moral
-emotions; hence the criterion of a moral emotion can in no case depend
-upon its proceeding from a moral judgment. But at the same time moral
-judgments, being definite expressions of moral emotions, naturally
-help us to discover the true nature of these emotions.
-
-The predicate of a moral judgment always involves a notion of
-disinterestedness. When pronouncing an act to be good or bad, I mean
-that it is so, quite independently of any reference it might have to
-my own interests. A moral judgment may certainly have a selfish
-motive; but then it, nevertheless, pretends to be disinterested, which
-shows that disinterestedness is a characteristic of moral concepts as
-such. This is admitted even by the egoistic hedonist, who maintains
-that we approve and condemn acts from self-love. According to
-Helvetius, it is the love of consideration that a virtuous man takes
-to be in him the love of virtue; and yet everybody pretends to love
-virtue for its own sake, "this phrase is in every one's mouth and in
-no one's heart."[2]
-
-[Footnote 2: Helvetius, _De l'Homme_, i. 263.]
-
-If the moral concepts are essentially generalisations of tendencies in
-certain phenomena to call forth moral emotions, and, at the same time,
-contain the notion of {102} disinterestedness, we must conclude that
-the emotions from which they spring are felt disinterestedly. Of this
-fact we find an echo--more or less faithful--in the maxims of various
-ethical theorisers, as well as practical moralists. We find it in the
-utilitarian demand that, in regard to his own happiness and that of
-others, an agent should be "as strictly impartial as a disinterested
-and benevolent spectator";[3] in the "rule of righteousness" laid down
-by Samuel Clarke, that "We so deal with every man, as in like
-circumstances we could reasonably expect he should with us";[4] in
-Kant's formula, "Act only on that maxim which thou canst at the same
-time will to become a universal law";[5] in Professor Sidgwick's
-so-called axiom, "I ought not to prefer my own lesser good to the
-greater good of another";[6] in the biblical sayings, "Thou shalt love
-thy neighbour as thyself,"[7] and, "Whatsoever ye would that men
-should do to you, do ye even so to them."[8] The same fact is
-expressed in the Indian Mahabharata, where it is said:--"Let no man do
-to another that which would be repugnant to himself; this is the sum
-of righteousness; the rest is according to inclination. In refusing,
-in bestowing, in regard to pleasure and to pain, to what is agreeable
-and disagreeable, a man obtains the proper rule by regarding the case
-as like his own."[9] Similar words are ascribed to Confucius.[10] When
-Tsze-kung asked if there is any one word which may serve as a rule of
-practice for all one's life, the Master answered, "Is not Reciprocity
-such a word? What you do not want done to yourself, do not do to {103}
-others." And in another utterance Confucius showed that the rule had
-for him not only a negative, but a positive form. He said that, in the
-way of the superior man, there are four things to none of which he
-himself had as yet attained; to serve his father as he would require
-his son to serve him, to serve his prince as he would require his
-minister to serve him, to serve his elder brother as he would require
-his younger brother to serve him, and to set the example in behaving
-to a friend as he would require the friend to behave to him.[11]
-
-[Footnote 3: Stuart Mill, _Utilitarianism_, p. 24.]
-
-[Footnote 4: Clarke, _Discourse concerning the Unchangeable
-Obligations of Natural Religion_, p. 201.]
-
-[Footnote 5: Kant, _Grundlegung zur Metaphysik der Sitten_, sec. 2
-(_Sämmtliche Werke_, iv. 269).]
-
-[Footnote 6: Sidgwick, _Methods of Ethics_, p. 383. However, as we
-have seen above, this so-called "axiom" is not a correct
-representation of the disinterestedness of moral emotions.]
-
-[Footnote 7: _Leviticus_, xix. 18. _St. Matthew_, xxii. 39.]
-
-[Footnote 8: _St. Matthew_, vii. 12. _Cf._ _St. Luke_, vi. 31.]
-
-[Footnote 9: _Mahabharata_, xiii. 5571 _sq._, in Muir, _Religious and
-Moral Sentiments, rendered from Sanskrit Writers_, p. 107. _Cf._
-_Panchatantra_, iii. (Benfey's translation, ii. 235).]
-
-[Footnote 10: _Lun Yü_, xv. 23. _Cf._ _ibid._ xii. 2; _Chung Yung_,
-xiii. 3.]
-
-[Footnote 11: _Chung Yung_, xiii. 4.]
-
-This "golden rule" is not, as has been sometimes argued, a rule of
-retaliation.[12] It does not say, "Do to others what they wish to do
-to you"; it says, "Do to others what you wish, or require, them to do
-to you." It brings home to us the fact that moral rules are general
-rules, which ought to be obeyed irrespectively of any selfish
-considerations. If formulated as an injunction that we should treat
-our neighbour in the same manner as we consider that he, under exactly
-similar circumstances, ought to treat us, it is simply identical with
-the sentence, "Do your duty," with emphasis laid on the
-disinterestedness which is involved in the very conception of duty. So
-far, St. Augustine was right in saying that "Do as thou wouldst be
-done by" is a sentence which all nations under heaven are agreed
-upon.[13]
-
-[Footnote 12: Letourneau, _L'évolution religieuse dans les diverses
-races humaines_, p. 553.]
-
-[Footnote 13: St. Augustine, quoted by Lilly, _Right and Wrong_, p. 106.]
-
-Disinterestedness, however, is not the only characteristic by which
-moral indignation and approval are distinguished from other,
-non-moral, kinds of resentment or retributive kindly emotion. It is,
-indeed, itself a form of a more comprehensive quality which
-characterises moral emotions--apparent impartiality. If I pronounce an
-act done to a friend or to an enemy to be either good or bad, that
-implies that I assume it to be so independently of the fact that the
-person to whom the act is done is my friend or my enemy. Conversely,
-if I pronounce an {104} act done by a friend or by an enemy to be good
-or bad, that implies that I assume the act to be either good or bad
-independently of my friendly or hostile feelings towards the agent.
-All this means that resentment and retributive kindly emotion are
-moral emotions in so far as they are assumed by those who feel them to
-be uninfluenced by the particular relationship in which they stand,
-both to those who are immediately affected by the acts in question,
-and to those who perform those acts. A moral emotion, then, is tested
-by an imaginary change of the relationship between him who approves or
-disapproves of the mode of conduct by which the emotion was evoked and
-the parties immediately concerned, whilst the relationship between the
-parties themselves is left unaltered. At the same time it is not
-necessary that the moral emotion should be really impartial. It is
-sufficient that it is tacitly assumed to be so, nay, even that it is
-not knowingly partial. In attributing different rights to different
-individuals, or classes of individuals, we are often, in reality,
-influenced by the relationship in which we stand to them, by personal
-sympathies and antipathies; and yet those rights may be moral rights,
-in the strict sense of the term, not mere preferences, namely, if we
-assume that any impartial judge would recognise our attribution of
-rights as just, or even if we are unaware of its partiality.
-Similarly, when the savage censures a homicide committed upon a member
-of his own tribe, but praises one committed upon a member of another
-tribe, his censure and praise are certainly influenced by his
-relations to the victim, or to the agent, or to both. He does not
-reason thus: it is blamable to kill a member of one's own tribe, and
-it is praiseworthy to kill a member of a foreign tribe--whether the
-tribe be mine or not. Nevertheless, his blame and his praise must be
-regarded as expressions of moral emotions.
-
-Finally, a moral emotion has a certain flavour of generality. We have
-previously noticed that a moral judgment very frequently implies some
-vague assumption {105} that it must be shared by everybody who
-possesses both a sufficient knowledge of the case and a "sufficiently
-developed" moral consciousness. We have seen, however, that this
-assumption is illusory. It cannot, consequently, be regarded as a
-_conditio sine quâ non_ for a moral judgment, unless, indeed, it be
-maintained that such a judgment, owing to its very nature, is
-necessarily a chimera--an opinion which, to my mind, would be simply
-absurd. But, though moral judgments cannot lay claim to universality
-or "objectivity," it does not follow that they are merely individual
-estimates. Even he who fully sees their limitations must admit that,
-when he pronounces an act to be good or bad, he gives expression to
-something more than a personal opinion, that his judgment has
-reference, not only to his own feelings, but to the feelings of others
-as well. And this is true even though he be aware that his own
-conviction is not shared by those around him, nor by anybody else. He
-then feels that it _would be_ shared if other people knew the act and
-all its attendant circumstances as well as he does himself, and if, at
-the same time, their emotions were as refined as are his own. This
-feeling gives to his approval or indignation a touch of generality,
-which belongs to public approval and public indignation, but which is
-never found in any merely individual emotion of gratitude or
-revenge.
-
-       *       *       *       *       *
-
-The analysis of the moral emotions which has been attempted in this
-and the two preceding chapters, holds good, not only for such emotions
-as we feel on account of the conduct of others, but for such emotions
-as we feel on account of our own conduct as well. Moral
-self-condemnation is a hostile attitude of mind towards one's self as
-the cause of pain, moral self-approval is a kindly attitude of mind
-towards one's self as a cause of pleasure. Genuine remorse, though
-focussed on the will of the person who feels it, involves, vaguely or
-distinctly, some desire to suffer. The repentant man wants to think of
-the wrong he has committed, he wants clearly to realise {106} its
-wickedness; and he wants to do this, not merely because he desires to
-become a better man, but because it gives him some relief to feel the
-sting in his heart. If punished for his deed, he willingly submits to
-the punishment. The Philippine Islander, says Mr. Foreman, if he
-recognises a fault by his own conscience, will receive a flogging
-without resentment or complaint, although, "if he is not so convinced
-of the misdeed, he will await his chance to give vent to his
-rancour."[14] We may feel actual hatred towards ourselves, we may
-desire to inflict bodily suffering upon ourselves as a punishment for
-what we have done;[15] nay, there are instances of criminals, guilty
-of capital offences, having given themselves up to the authorities in
-order to appease their consciences by suffering the penalty of the
-law.[16] Yet the desire to punish ourselves has a natural antagonist
-in our general aversion to pain, and this often blunts the sting of
-the conscience. Suicide prompted by remorse, which sometimes occurs
-even among savages,[17] is to be regarded rather as a method of
-putting an end to agonies, than as a kind of self-execution; and
-behind the self-torments of the sinner frequently lurks the hopeful
-prospect of heavenly bliss. Self-approval, again, is not merely joy at
-one's own conduct, but is a kindly emotion, a friendly attitude
-towards one's self. Such an attitude, for instance, lies at the bottom
-of the feeling that one's own conduct merits praise or reward.
-
-[Footnote 14: Foreman, _Philippine Islands_, p. 185. _Cf._ Hinde, _The
-Last of the Masai_, p. 34; Zöller, _Das Togoland_, p. 37.]
-
-[Footnote 15: _Cf._ Jodl, _Lehrbuch der Psychologie_, p. 675.]
-
-[Footnote 16: von Feuerbach, _Aktenmässige Darstellung merkwürdiger
-Verbrechen_, i. 249; ii. 473, 479 _sq._ von Lasaulx, _Sühnopfer der
-Griechen und Römer_, p. 6.]
-
-[Footnote 17: See _infra_, on Suicide.]
-
-Not every form of self-reproach or of self-approval is a moral
-emotion--no more than is every form of resentment or retributive
-kindly emotion towards other persons. We may be angry with ourselves
-on account of some act of ours which is injurious to our own
-interests. He who has lost at play may be as vexed at himself as he
-who has {107} cheated at play, and the egoist may bitterly reproach
-himself for having yielded to a momentary impulse of benevolence, or
-even to conscience itself. In order to be moral emotions, our
-self-condemnation and self-approval must present the same
-characteristics as make resentment and retributive kindliness moral
-emotions when they are felt with reference to the conduct of other
-people. A person does not feel remorse when he reproaches himself from
-an egoistic motive, or when he afterwards regrets that he has
-sacrificed the interests of his children to the impartial claim of
-justice. Nor does a person feel moral self-approval when he is pleased
-with himself for having committed an act which he recognises as
-selfish or unjust. And besides being disinterested and apparently
-impartial, remorse and moral self-approval have a flavour of
-generality. As Professor Baldwin remarks, moral approval or
-disapproval, not only of other people, but of one's self, "is never at
-its best except when it is accompanied, in the consciousness which has
-it, with the knowledge or belief that it is also socially shared."[18]
-Indeed, almost inseparable from the moral judgments which we pass on
-our own conduct seems to be the image of an impartial outsider who
-acts as our judge.
-
-[Footnote 18: Baldwin, _Social and Ethical Interpretation in Mental
-Development_, p. 314.]
-
-
-
-
-CHAPTER V
-
-THE ORIGIN OF THE MORAL EMOTIONS
-
-
-WE have found that resentment and retributive kindly emotion are
-easily explicable from their usefulness, both of them having a
-tendency to promote the interests of the individuals who feel them.
-This explanation also holds good for the moral emotions, in so far as
-they are retributive emotions: it accounts for the hostile attitude of
-moral disapproval towards the cause of pain, and for the friendly
-attitude of moral approval towards the cause of pleasure. But it still
-remains for us to discover the origin of those elements in the moral
-emotions by which they are distinguished from other, non-moral,
-retributive emotions. First, how shall we explain their
-disinterestedness?
-
-We have to distinguish between different classes of conditions under
-which disinterested retributive emotions arise. In the first place, we
-may feel disinterested resentment, or disinterested retributive kindly
-emotion, on account of an injury inflicted, or a benefit conferred,
-upon another person with whose pain, or pleasure, we sympathise, and
-in whose welfare we take a kindly interest. Our retributive emotions
-are, of course, always reactions against pain, or pleasure, felt by
-ourselves; this holds true for the moral emotions as well as for
-revenge and gratitude. The question to be answered, then, is, Why
-should we, quite disinterestedly, feel pain calling forth indignation
-because our neighbour is hurt, and pleasure calling forth approval
-because he is benefited?
-
-{109} That a certain act causes pleasure or pain to the by-stander is
-partly due to the close association which exists between these
-feelings and their outward expressions. The sight of a happy face
-tends to produce some degree of pleasure in him who sees it; the sight
-of the bodily signs of suffering tends to produce a feeling of pain.
-In either case the feeling of the spectator is the result of a process
-of reproduction, the perception of the physical manifestation of the
-feeling recalling the feeling itself on account of the established
-association between them.
-
-Sympathetic pain or pleasure may also be the result of an association
-between cause and effect, between the cognition of a certain act or
-situation and the feeling generally produced by this act or situation.
-A blow may cause pain to the spectator before he has witnessed its
-effect on the victim. The sympathetic feeling is of course stronger
-when both kinds of association concur in producing it, than when it is
-the result of only one. As Adam Smith observes, "general lamentations
-which express nothing but the anguish of the sufferer, create rather a
-curiosity to inquire into his situation, along with some disposition
-to sympathise with him, than any actual sympathy that is very
-sensible."[1] On the other hand, the sympathy which springs from an
-association between cause and effect is much enhanced by the
-perception of outward signs of pleasure or pain in the individual with
-whom we sympathise.
-
-[Footnote 1: Adam Smith, _Theory of Moral Sentiments_, p. 7.]
-
-But the sympathetic feeling which results from association alone is
-not what is generally understood by sympathy. Arising merely from the
-habitual connection of certain cognitions with certain feelings in the
-experience of the spectator, it is, strictly speaking, not at all
-concerned with the _feelings_ of the other person. It is not a reflex
-of what he feels--which, indeed, is a matter of complete
-indifference--and the activity which it calls forth is thoroughly
-selfish. If it is a feeling of pain, the spectator naturally, for his
-own sake, tries to get rid of it; but this {110} may be done by
-turning the back upon the sufferer, and looking out for some
-diversion. The sympathetic feeling which springs from association
-alone, may also produce a benevolent or hostile reaction against its
-immediate cause: the smiling face often evokes a kindly feeling
-towards the smiler, and "the sight of suffering often directs
-irritation against the sufferer."[2] In such cases it is the other
-person himself, rather than his benefactor or his tormentor, that is
-regarded as cause by the sympathiser. When based on association alone,
-the sympathetic feeling thus lacks the most vital characteristic of
-sympathy, in the popular sense of the term: it lacks kindliness.[3]
-
-[Footnote 2: Leslie Stephen, _Science of Ethics_, p. 243.]
-
-[Footnote 3: The difference between sympathy and kindly ("tender")
-emotion has been commented upon by Professor Ribot (_Psychology of the
-Emotions_, p. 233), and by Mr. Shand, in his excellent chapter on the
-'Sources of Tender Emotion,' in Stout's _Groundwork of Psychology_,
-p. 198 _sqq._]
-
-Sympathy, in the ordinary use of the word, requires the co-operation
-of the altruistic sentiment or affection--a disposition of mind which
-is particularly apt to display itself as kindly emotion towards other
-beings. This sentiment,[4] only, induces us to take a kindly interest
-in the feelings of our neighbours. It involves a tendency, or
-willingness, and, when strongly developed, gives rise to an eager
-desire, to sympathise with their pains and pleasures. Under its
-influence, our sympathetic feeling is no longer a mere matter of
-association; we take an active part in its production, we direct our
-attention to any circumstance which we believe may affect the feelings
-of the person whom we love, to any external manifestation of his
-emotions. We are anxious to find out his joys and sorrows, so as to be
-able to rejoice with him and to suffer with him, and, especially, when
-he stands in need of it, to console or to help him. For the altruistic
-sentiment is not merely willingness to sympathise; it is above all a
-conative {111} disposition to do good. The latter aptitude must be
-regarded rather as the cause than as the result of the former;
-affection is not, as Adam Smith maintained,[5] merely habitual
-sympathy, or its necessary consequence. It is true that sympathetic
-pain, unaided by kindliness, may induce a person to relieve the
-suffering of his neighbour, instead of shutting his eyes to it; but
-then he does so, not out of regard to the feelings of the sufferer,
-but simply to free himself of a painful cognition. Nor must it be
-supposed that the altruistic sentiment prompts to assistance only by
-strengthening the sympathetic feeling. The sight of the wounded
-traveller may have caused no less pain to the Pharisee than to the
-good Samaritan; yet it would have been impossible for the Samaritan to
-dismiss his pain by going away, since he felt a desire to assist the
-wounded, and his desire would have been left ungratified if he had not
-stopped by the wayside. To the egoist, the relief offered to the
-sufferer is a means of suppressing the sympathetic pain; to the
-altruist, the sympathetic pain is, so to say, a means of giving
-relief. The altruist wants to know, to feel the pain of his neighbour,
-because he desires to help him. Why are the most kind-hearted people
-often the most cheerful, if not because they think of alleviating the
-misery of their fellow-creatures, instead of indulging in the
-sympathetic pain which it evokes?
-
-[Footnote 4: I use the word "sentiment" in the sense proposed by Mr.
-Shand, in his article, 'Character and the Emotions,' in _Mind_, N.S.
-v. 203 _sqq._, and adopted by Professor Stout, _op. cit._ p. 221
-_sqq._ Sentiments cannot be actually felt at any one moment; "they are
-complex mental dispositions, and may, as divers occasions arise, give
-birth to the whole gamut of the emotions" (_ibid._ p. 223 _sq._).]
-
-[Footnote 5: Adam Smith, _op. cit._ p. 323.]
-
-It is obvious, then, that sympathy aided by the altruistic
-sentiment--sympathy in the common sense--tends to produce
-disinterested retributive emotions. When we to some extent identify,
-as it were, our feelings with those of our neighbour, we naturally
-look upon any person who causes him pleasure or pain as the cause of
-our sympathetic pleasure or pain, and are apt to experience towards
-that person a retributive emotion similar in kind, if not always in
-degree, to the emotion which we feel when we are ourselves benefited
-or injured. In all animal species which possess altruistic sentiments
-in some form or other, we may be sure to find sympathetic resentment
-as their accompaniment. {112} A mammalian mother is as hostile to the
-enemy of her young as to her own enemy. Among social animals whose
-gregarious instinct has developed into social affection,[6]
-sympathetic resentment is felt towards the enemy of any member of the
-group; they mutually defend each other, and this undoubtedly involves
-some degree of sympathetic anger. With reference to animals in
-confinement and domesticated animals, many striking instances of this
-emotion might be quoted, even in cases when injuries have been
-inflicted on members of different species to which they have become
-attached. Professor Romanes' terrier, "whenever or wherever he saw a
-man striking a dog, whether in the house, or outside, near at hand or
-at a distance, . . . . used to rush in to interfere, snarling and
-snapping in a most threatening way."[7] Darwin makes mention of a
-little American monkey in the Zoological Gardens of London which, when
-seeing a great baboon attack his friend, the keeper, rushed to the
-rescue and by screams and bites so distracted the baboon, that the man
-was able to escape.[8] The dog who flies at any one who strikes, or
-even touches, his master, is a very familiar instance of sympathetic
-resentment. The Rev. Charles Williams mentions a dog at Liverpool who
-saved a cat from the hands of some young ruffians who were maltreating
-it: he rushed in among the boys, barked furiously at them, terrified
-them into flight, and carried the cat off in his mouth, bleeding and
-almost senseless, to his kennel, where he laid it on the straw, and
-nursed it.[9] In man, sympathetic resentment begins at an early age.
-Professor Sully mentions a little boy under four who was indignant at
-any picture where an animal suffered.[10]
-
-[Footnote 6: The connection between social affection and the
-gregarious instinct will be discussed in a subsequent chapter.]
-
-[Footnote 7: Romanes, _Animal Intelligence_, p. 440.]
-
-[Footnote 8: Darwin, _Descent of Man_, p. 103. _Cf._ Fisher, in _Revue
-Scientifique_, xxxiii. 618. A curious instance of a terrier "avenging"
-the death of another terrier, his inseparable friend, is mentioned by
-Captain Medwin (_Angler in Wales_, ii. 162-164, 197, 216
-_sq._).]
-
-[Footnote 9: Williams, _Dogs and their Ways_, p. 43.]
-
-[Footnote 10: Sully, _Studies of Childhood_, p. 250.]
-
-The altruistic sentiments of mankind will be treated at {113} length
-in subsequent chapters. We shall find reason to believe that not only
-maternal, but to some extent, paternal and conjugal affection,
-prevailed in the human race from ancient times, and that social
-affection arose in those days when the conditions of life became
-favourable to an expansion of the early family, when the chief
-obstacle to a gregarious life--scarcity of food--was overcome, and
-sociality, being an advantage to man, became his habit. There are
-still savages who live in families rather than in tribes, but we know
-of no people among whom social organisation outside the family is
-totally wanting. Later discoveries only tend to confirm Darwin's
-statement that, though single families or only two or three together,
-roam the solitudes of some savage lands, they always hold friendly
-relations with other families inhabiting the same district; such
-families occasionally meeting in council and uniting for their common
-defence.[11] But as a general rule, to which there are few exceptions,
-the lower races live in communities larger than family groups, and all
-the members of the community are united with one another by common
-interests and common feelings. Of the harmony, mutual good-will, and
-sense of solidarity, which under normal conditions prevail in these
-societies, much evidence will be adduced in following pages. Mr.
-Melville's remark with reference to some Marquesas cannibals may be
-quoted as to some extent typical. "With them," he says, "there hardly
-appeared to be any difference of opinion upon any subject whatever. .
-. . They showed this spirit of unanimity in every action of life:
-everything was done in concert and good fellowship."[12] When a member
-of the group is hurt, the feeling of unanimity takes the form of
-public resentment. As Robertson observed long ago, "in small
-communities, every man is touched with the injury or affront offered
-to the body of which he is a member, as if it were a personal attack
-upon his own honour or safety. The desire of revenge is communicated
-from breast to breast, {114} and soon kindles into rage."[13] Speaking
-of some Australian savages, Mr. Fison remarks:--"To the savage, the
-whole gens is the individual, and he is full of regard for it. Strike
-the gens anywhere, and every member of it considers himself struck,
-and the whole body corporate rises up in arms against the
-striker."[14] Nobody will deny that there is a disinterested element
-in this public resentment, even though every member of the group
-consider the enemy of any other member to be actually his own enemy as
-well, and, partly, hate him as such.
-
-[Footnote 11: Darwin, _op. cit._ p. 108.]
-
-[Footnote 12: Melville, _Typee_, p. 297 _sq._]
-
-[Footnote 13: Robertson, _History of America_, i. 350. _Cf._
-Clifford's theory of the "tribal self" (_Lectures and Essays_, p. 290
-_sqq._). He says (_ibid._ p. 291), "The savage is not only hurt when
-anybody treads on his foot, but when anybody treads on his tribe."]
-
-[Footnote 14: Fison and Howitt, _Kamilaroi and Kurnai_, p. 170.]
-
-Our explanation of what has here been called "sympathetic resentment,"
-however, is not yet complete. This emotion, as we have seen, may be a
-reaction against sympathetic pain; but it may also be directly
-produced by the cognition of the signs of anger. In the former case it
-is, strictly speaking, independent of the _emotion_ of the injured
-individual; we may feel resentment on his behalf though he himself
-feels none. In the latter case it is a reflected emotion, felt
-independently of the cause of the original emotion of which it is a
-reflection--as when the yells and shrieks of a street dog-fight are
-heard, and dogs from all sides rush to the spot, each dog being
-apparently ready to bite any of the others. In the former case, it is,
-by the medium of sympathetic pain, closely connected with the
-inflicted injury; in the latter case it may even be the reflection of
-an emotion which is itself sympathetic, and the origin of which is
-perhaps out of sight. In an infuriated crowd the one gets angry
-because the other is angry, and very often the question, Why? is
-hardly asked. This form of sympathetic resentment is of considerable
-importance both as an originator and as a communicator of moral ideas.
-To teach that a certain act is wrong is to teach that it is an object,
-and a proper object, of moral indignation, and the aim of the
-instructor {115} is to inspire a similar indignation in the mind of
-the pupil. An intelligent teacher tries to attain this end by
-representing the act in such a light as to evoke disapproval
-independently of any appeal to authority; but, unfortunately, in many
-cases where the duties of current morality are to be enjoined, he
-cannot do so--for a very obvious reason. Of various acts which, though
-inoffensive by themselves, are considered wrong, he can say little
-more than that they are forbidden by God and man; and if,
-nevertheless, such acts are not only professed, but actually felt, to
-be wrong, that is due to the fact that men are inclined to sympathise
-with the resentment of persons for whom they feel regard. It is this
-fact that accounts for the connection between the punishment of an act
-and the consequent idea that it deserves to be punished. We shall see
-that the punishment which society inflicts is, as a rule, an
-expression of its moral indignation; but there are instances in which
-the order is reversed, and in which human, or, as it may be supposed,
-divine, punishment or anger is the cause, and moral disapproval the
-effect. Children, as everybody knows, grow up with their ideas of
-right and wrong graduated, to a great extent, according to the temper
-of the father or mother;[15] and men are not seldom, as Hobbes said,
-"like little children, that have no other rule of good and evill
-manners, but the correction they receive from their Parents, and
-Masters."[16] The case is the same with any outbreak of public
-resentment, with any punishment inflicted by society at large. However
-selfish it may be in its origin, to whatever extent it may spring from
-personal motives, it always has a tendency to become in some degree
-disinterested, each individual not only being angry on his own behalf,
-but at the same time reflecting the anger of everybody else.
-
-[Footnote 15: _Cf._ Baring-Gould, _Origin and Developwent of Religious
-Belief_, i. 212.]
-
-[Footnote 16: Hobbes, _Leviathan_, i. 2, p. 76.]
-
-Any means of expressing resentment may serve as a communicator of the
-emotion. Besides punishment, language deserves special mention. Moral
-disapproval may {116} be evoked by the very sounds of certain words,
-like "murder," "theft," "cowardice," and others, which not merely
-indicate the commission of certain acts, but also express the
-opprobrium attached to them. By being called a "liar," a person is
-more disgraced than by any plain statement of his untruthfulness; and
-by the use of some strong word the orator raises the indignation of a
-sympathetic audience to its pitch.
-
-All the cases of disinterested resentment which we have hitherto
-considered fall under the heading of sympathetic resentment. But there
-are other cases into which sympathy does not enter at all. Resentment
-is not always caused by the infliction of an injury; it may be called
-forth by any feeling of pain traceable to a living being as its direct
-or indirect cause. Quite apart from our sympathy with the sufferings
-of others, there are many cases in which we feel hostile towards a
-person on account of some act of his which in no way interferes with
-our interests, which conflicts with no self-regarding feeling of ours.
-There are in the human mind what Professor Bain calls "disinterested
-antipathies," sentimental aversions "of which our fellow-beings are
-the subjects, and on account of which we overlook our own interest
-quite as much as in displaying our sympathies and affections."[17]
-Differences of taste, habit, and opinion, are particularly apt to
-create similar dislikes, which, as will be seen, have played a very
-prominent part in the moulding of the moral consciousness. When a
-certain act, though harmless by itself (apart from the painful
-impression it makes upon the spectator), fills us with disgust or
-horror, we may feel no less inclined to inflict harm upon the agent,
-than if he had committed an offence against person, property, or good
-name. And here, again, our resentment is sympathetically increased by
-our observing a similar disgust in others. We are easily affected by
-the aversions and likings of our neighbours. As Tucker said, "we grow
-to love things we perceive {117} them fond of, and contract aversions
-from their dislikes."[18]
-
-[Footnote 17: Bain, _Emotions and the Will_, p. 268.]
-
-[Footnote 18: Tucker, _Light of Nature Pursued_, i. 154.]
-
-We have already seen that sympathy springing from an altruistic
-sentiment may produce, not only disinterested resentment, but
-disinterested retributive kindly emotion as well. When taking a
-pleasure in the benefit bestowed on our neighbour, we naturally look
-with kindness upon the benefactor; and just as sympathetic resentment
-may be produced by the cognition of the outward signs of resentment,
-so sympathetic retributive kindly emotion may be produced by the signs
-of retributive kindliness. Language communicates emotions by terms of
-praise, as well as by terms of condemnation; and a reward, like a
-punishment, tends to reproduce the emotion from which it sprang.
-Moreover, men have disinterested likings, as they have disinterested
-dislikes. As an instance of such likings may be mentioned the common
-admiration of courage when felt irrespectively of the object for which
-it is displayed.
-
-Having thus found the origin of disinterested retributive emotions, we
-have at the same time partly explained the origin of the moral
-emotions. But, as we have seen, disinterestedness is not the sole
-characteristic by which moral indignation and approval are
-distinguished from other retributive emotions: a moral emotion is
-assumed to be impartial, or, at least, is not knowingly partial, and
-it is coloured by the feeling of being publicly shared. However, the
-real problem which we have now to solve is not how retributive
-emotions may become apparently impartial and be coloured by a feeling
-of generality, but why disinterestedness, apparent impartiality, and
-the flavour of generality have become characteristics by which
-so-called moral emotions are distinguished from other retributive
-emotions. The solution of this problem lies in the fact that society
-is the birthplace of the moral consciousness; that the first moral
-judgments expressed, not the private emotions of isolated individuals,
-but emotions which were {118} felt by the society at large; that
-tribal custom was the earliest rule of duty.
-
-Customs have been defined as public habits, as the habits of a certain
-circle, a racial or national community, a rank or class of society.
-But whilst being a habit, custom is at the same time something else as
-well. It not merely involves a frequent repetition of a certain mode
-of conduct, it is also a rule of conduct. As Cicero observes, the
-customs of a people "are precepts in themselves."[19] We say that
-"custom commands," or "custom demands," and speak of it as "strict"
-and "inexorable"; and even when custom simply allows the commission of
-a certain class of actions, it implicitly lays down the rule that such
-actions are not to be interfered with.
-
-[Footnote 19: Cicero, _De Officiis_, i. 41.]
-
-The rule of custom is conceived of as a moral rule, which decides what
-is right and wrong.[20] "Les loix de la conscience," says Montaigne,
-"que nous disons naistre de nature, naissent de la coustume."[21] Mr.
-Howitt once said to a young Australian native with whom he was
-speaking about the food prohibited during initiation, "But if you were
-hungry and caught a female opossum, you might eat it if the old men
-were not there." The youth replied, "I could not do that; it would not
-be right"; and he could give no other reason than that it would be
-wrong to disregard the customs of his people.[22] Mr. Bernau says of
-the British Guiana Indians:--"Their moral sense of good and evil is
-entirely regulated by the customs and practices inherited from their
-forefathers. What their predecessors believed and did must have been
-right, and they deem it the height of presumption to suppose that any
-could think and act otherwise."[23] The moral evil of the pagan
-Greenlanders "was all that was contrary to laws and customs, as {119}
-regulated by the angakoks," and when the Danish missionaries tried to
-make them acquainted with their own moral conceptions, the result was
-that they "conceived the idea of virtue and sin as what was pleasing
-or displeasing to Europeans, as according or disaccording with their
-customs and laws."[24] "The Africans, like most heathens," Mr. Rowley
-observes, "do not regard sin, according to their idea of sin, as an
-offence against God, but simply as a transgression of the laws and
-customs of their country."[25] The Ba-Ronga call derogations of
-universally recognised custom _yila_, prohibited, tabooed.[26] The
-Bedouins of the Euphrates "make no appeal to conscience or the will of
-God in their distinctions between right and wrong, but appeal only to
-custom."[27] According to the laws of Manu, the custom handed down in
-regular succession since time immemorial "is called the conduct of
-virtuous men."[28] The Greek idea of the customary, [Greek:
-to\ no/mimon], shows the close connection between morality and custom;
-and so do the words [Greek: e)/thos, ê)/thos], and [Greek: e)thika/],
-the Latin _mos_ and _moralis_, the German _Sitte_ and _Sittlichkeit_.[29]
-Moreover, in early society, customs are not only moral rules, but the
-only moral rules ever thought of. The savage strictly complies with
-the Hegelian command that no man must have a private conscience. The
-following statement, which refers to the Tinnevelly Shanars, may be
-quoted as a typical example:--"Solitary individuals amongst them
-rarely adopt any new opinions, or any new course of procedure. They
-follow the multitude to do evil, and they follow the multitude to do
-good. They think in herds."[30]
-
-[Footnote 20: _Cf._ Austin, _Lectures on Jurisprudence_, i. 104;
-Tönnies, 'Philosophical Terminology,' in _Mind_, N.S., viii. 304. Von
-Jhering (_Zweck im Recht_, ii. 23) defines the German _Sitte_ as "die
-im Leben des Volks sich bildende verpflichtende Gewohnheit"; and a
-similar view is expressed by Wundt (_Ethik_, p. 128 _sq._).]
-
-[Footnote 21: Montaigne, _Essais_, i. 22 (_[OE]uvres_, p. 48).]
-
-[Footnote 22: Fison and Howitt, _op. cit._ p. 256 _sq._]
-
-[Footnote 23: Bernau, _Missionary Labours in British Guiana_, p. 60.]
-
-[Footnote 24: Rink, _Greenland_, p. 201 _sq._]
-
-[Footnote 25: Rowley, _Religion of the Africans_, p. 44.]
-
-[Footnote 26: Junod, _Ba-Ronga_, p. 477.]
-
-[Footnote 27: Blunt, _Bedouin Tribes of the Euphrates_, ii. 224.]
-
-[Footnote 28: _Laws of Manu_, ii. 18.]
-
-[Footnote 29: For the history of these words, see Wundt, _op. cit._ p.
-19 _sqq._ For other instances illustrating the moral character of
-custom, see Maclean, _Compendium of Kafir Law and Customs_, p. 34
-(Amaxosa); Macpherson, _Memorials of Service in India_, p. 94
-(Kandhs); Kubary, _Ethnographische Beiträge zur Kenntniss der
-Karolinischen Inselgruppe_, i. 73 (Pelew Islanders); Smith, _Chinese
-Characteristics_, p. 119.]
-
-[Footnote 30: Caldwell, _Tinnevelly Shanars_, p. 69.]
-
-Disobedience to custom evokes public indignation. In {120} the lower
-stages of civilisation, especially, custom is a tyrant who binds man
-in iron fetters, and who threatens the transgressor, not only with
-general disgrace, but often with bodily suffering. "To believe that
-man in a savage state is endowed with freedom either of thought or
-action," says Sir G. Grey, "is erroneous in the highest degree";[31]
-and this statement is corroborated by an array of facts from all
-quarters of the savage world.[32] Now, as the rule of custom is a
-moral rule, the indignation aroused by its transgression is naturally
-a moral emotion. Moreover, where all the duties incumbent on a man are
-expressed in the customs of the society to which he belongs, it is
-obvious that the characteristics of moral indignation are to be sought
-for in its connection with custom. The most salient feature of custom
-is its generality. Its transgression calls forth public indignation;
-hence the flavour of generality which characterises moral disapproval.
-Custom is fixed once for all, and takes no notice of the preferences
-of individuals. By recognising the validity of a custom, I implicitly
-admit that the custom is equally binding for me and for you and for
-all the other members of the society. This involves disinterestedness;
-I admit that a breach of the custom is equally wrong whether I myself
-am immediately concerned in the act or not. It also involves apparent
-impartiality; I assume that my condemnation of the act is independent
-of the relationship in which the parties concerned in it stand to me
-personally, or, at least, I am not aware that my condemnation is
-influenced by any {121} such relationship. And this holds good
-whatever be the origin of the custom. Though customs are very
-frequently rooted in public sympathetic resentment or in public
-disinterested aversions, they may have a selfish and partial origin as
-well. At first the leading men of the society may have prohibited
-certain acts because they found them disadvantageous to themselves, or
-to those with whom they particularly sympathised. Where custom is an
-oppressor of women, this oppression may certainly be traced back to
-the selfishness of men. Where custom sanctions slavery, it is
-certainly not impartial to the slaves. Yet in the one case as in the
-other, I assume custom to be in the right, irrespectively of my own
-station, and I even expect the women and slaves themselves to be of
-the same opinion. Such an expectation is by no means a chimera. Under
-normal social conditions, largely owing to men's tendency to share
-sympathetically the resentment of their superiors, the customs of a
-society are willingly submitted to, and recognised as right, by the
-large majority of its members, whatever may be their station. Among
-the Rejangs of Sumatra, says Marsden, "a man without property, family,
-or connections, never, in the partiality of self-love, considers his
-own life as being of equal value with that of a man of substance."[33]
-However selfish, however partial a certain rule may be, it becomes a
-true custom, a moral rule, as soon as the selfishness or the
-partiality of its makers is lost sight of.
-
-[Footnote 31: Grey, _Journals of Expeditions in North-West and Western
-Australia_, ii. 217.]
-
-[Footnote 32: Tylor, 'Primitive Society,' in _Contemporary Review_,
-xxi. 706. _Idem_, _Anthropology_, p. 408 _sq._ Avebury, _Origin of
-Civilisation_, p. 466 _sqq._ Eyre, _Journals of Expeditions into
-Central Australia_, ii. 384, 385, 388. Curr, _The Australian Race_, i.
-51. Mathew, 'Australian Aborigines,' in _Jour. and Proceed. Roy. Soc.
-N.S. Wales_, xxiii. 398. _Idem_, _Eaglehawk and Crow_, p. 93. Taplin,
-'Narrinyeri,' in Woods, _Native Tribes of South Australia_, pp. 35,
-136 _sq._ Hawtrey, 'Lengua Indians of the Paraguayan Chaco,' in _Jour.
-Anthr. Inst._ xxxi. 292. Murdoch, 'Ethnological Results of the Point
-Barrow Expedition,' in _Ann. Rep. Bur. Ethn._ ix. 427 _sq._ (Point
-Barrow Eskimo). Holm, 'Ethnologisk Skizze af Angmagsalikerne,' in
-_Meddelelser om Grönland_, x. 85. Nansen, _First Crossing of
-Greenland_, ii. 295. Johnston, _British Central Africa_, p. 452. New,
-_Life, Wanderings, and Labours in Eastern Africa_, p. 110 (Wanika).
-Scott Robertson, _Káfirs of the Hindu-Kush_, p. 183 _sq._]
-
-[Footnote 33: Marsden, _History of Sumatra_, p. 247.]
-
-It will perhaps be argued that, by deriving the characteristics of
-moral indignation from its connection with custom, we implicitly
-contradict our initial assumption that moral emotions lie at the
-bottom of all moral judgments. But it is not so. Custom is a moral
-rule only on account of the indignation called forth by its
-transgression. In its ethical aspect it is nothing but a
-generalisation of emotional tendencies, applied to certain modes of
-conduct, and transmitted from generation to generation. Public
-indignation lies at the bottom of it. In its capacity {122} of a rule
-of duty, custom, _mos_, is derived from the emotion to which it gave
-its name.
-
-As public indignation is the prototype of moral disapproval, so public
-approval, expressed in public praise, is the prototype of moral
-approval. Like public indignation, public approval is characterised by
-a flavour of generality, by disinterestedness, by apparent
-impartiality. But of these two emotions public indignation, being at
-the root of custom and leading to the infliction of punishment, is by
-far the more impressive. Hence it is not surprising that the term
-"moral" is etymologically connected with _mos_, which always implies
-the existence of a social rule the transgression of which evokes
-public indignation. Only by analogy it has come to be applied to the
-emotion of approval as well.
-
-Though taking their place in the system of human emotions as public
-emotions felt by the society at large, moral disapproval and approval
-have not always remained inseparably connected with the feelings of
-any special society. The unanimity of opinion which originally
-characterised the members of the same social unit was disturbed by its
-advancement in civilisation. Individuals arose who found fault with
-the moral ideas prevalent in the community to which they belonged,
-criticising those ideas on the basis of their own individual feelings.
-Such rebels are certainly no less justified in speaking in the name of
-morality true and proper, than is society itself. The emotions from
-which their opposition against public opinion springs may be, in
-nature, exactly similar to the approval or disapproval felt by the
-society at large, though they are called forth by different facts or,
-otherwise, differ from these emotions in degree. They may present the
-same disinterestedness and apparent impartiality--indeed, dissent from
-the established moral ideas largely rises from the conviction that the
-apparent impartiality of public feelings is an illusion. As will be
-seen, the evolution of the moral consciousness involves a progress in
-impartiality and justice; it tends towards an equalisation {123} of
-rights, towards an expansion of the circle within which the same moral
-rules are held applicable; and this process is in no small degree
-effected by the efforts made by high-minded individuals to raise
-public opinion to their own standard of right. Nay, as we have already
-noticed, individual moral feelings do not even lack that flavour of
-generality which characterises the resentment and approval felt
-unanimously by a body of men. Though, perhaps, persecuted by his own
-people as an outcast, the moral dissenter does not regard himself as
-the advocate of a mere private opinion.[34] Even when standing alone,
-he feels that his conviction is shared at least by an ideal society,
-by all those who see the matter as clearly as he does himself, and who
-are animated with equally wide sympathies, an equally broad sense of
-justice. Thus the moral emotions remain to the last public
-emotions--if not in reality, then as an ideal.
-
-[Footnote 34: _Cf._ Pollock, _Essays in Jurisprudence and Ethics_,
-p. 309.]
-
-The fact that the earliest moral emotions were public emotions implies
-that the original form of the moral consciousness cannot, as is often
-asserted, have been the individual's own conscience. Dr. Martineau's
-observation, that the inner springs of other men's actions may be read
-off only by inference from our own experience, by no means warrants
-his conclusion that the moral consciousness is at its origin engaged
-in self-estimation, instead of circuitously reaching this end through
-a prior critique upon our fellow-men.[35] The moral element which may
-be contained in the emotion of self-reproach or self-approval, is
-generally to such an extent mixed up with other and non-moral
-elements, that it can be disentangled only by a careful process of
-abstraction, guided by the feelings of other people with reference to
-our conduct or by our own feelings with reference to the conduct of
-others. The moral emotion of remorse presupposes some notion of right
-and wrong, and the application of this notion to one's own conduct.
-Hence it could never have {124} been distinguished as a special form
-of, or element in, the wider emotion of self-reproach, unless the idea
-of morality had been previously derived from another source. The
-similarity between regret and remorse is so close, that in certain
-European languages there is only one word for both.[36]
-
-[Footnote 35: Martineau, _Types of Ethical Theory_, ii. 29 _sqq._]
-
-[Footnote 36: As, in Swedish, the word _ånger_.]
-
-       *       *       *       *       *
-
-From what has been said above it is obvious that moral resentment is
-of extreme antiquity in the human race, nay, that the germ of it is
-found even in the lower animal world, among social animals capable of
-feeling sympathetic resentment. The origin of custom as a moral rule
-no doubt lies in a very remote period of human history. We have no
-knowledge of a savage people without customs, and, as will be seen
-subsequently, savages often express their indignation in a very
-unmistakable manner when their customs are transgressed. Various data
-prove that the lower races have some feeling of justice, the flower of
-all moral feelings. And the supposition that remorse is unknown among
-them,[37] is not only unfounded, but contradicted by facts. Indeed,
-genuine remorse is so hidden an emotion even among ourselves, that it
-cannot be expected to be very conspicuous among savages. As we have
-seen, it requires a certain power of abstraction, as well as great
-impartiality of feeling, and must therefore be sought for at the
-highest reaches of the moral consciousness rather than at its lowest
-degrees. But to suppose that savages are entirely without a conscience
-is quite contrary to what we may infer from the great regard in which
-they hold their customs, as also contrary to the direct statements of
-travellers who have taken some pains to examine the matter. The answer
-given by the young Australian when asked by Mr. Howitt whether he
-might not eat a female opossum if the old men were not present,[38]
-certainly indicates conscientious respect for a moral rule, and is, as
-Mr. Fison observes, "a striking instance of that 'moral {125} feeling'
-which Sir John Lubbock denies to savages."[39] Dr. Hübbe-Schleiden
-asserts that, among the people whom he had in his service, he found
-the Negroes, in their sense of duty, not inferior, but rather superior
-to the Europeans.[40] Mr. New says of the Wanika:--"Conscience lives
-in them as the vicegerent of Almighty God, and is ever excusing or
-else accusing them. It may be blunted, hardened, resisted, and largely
-suppressed, but there it is."[41] M. Arbousset once desired some
-Bechuanas to tell him whether the blacks had a conscience. "Yes, all
-have one," they said in reply. "And what does it say to them?" "It is
-quiet when they do well and torments them when they sin." "What do you
-call sin?" "The theft, which is committed trembling, and the murder
-from which a man purifies and re-purifies himself, but which always
-leaves remorse."[42] Mr. Washington Matthews refers to a passage in a
-Navaho story which "shows us that he who composed this tale knew what
-the pangs of remorse might be, even for an act not criminal, as we
-consider it, but merely ungenerous and unfilial."[43]
-
-
-[Footnote 37: Avebury, _Origin of Civilisation_, pp. 421, 426.]
-
-[Footnote 38: See _supra_, p. 118.]
-
-[Footnote 39: Fison and Howitt, _op. cit._ p. 257 n.]
-
-[Footnote 40: Hübbe-Schleiden, _Ethiopien_, p. 184 _sq._]
-
-[Footnote 41: New, _op. cit._ p. 96.]
-
-[Footnote 42: Arbousset and Daumas, _Exploratory Tour to the
-North-East of the Colony of the Cape of Good Hope_, p. 322.]
-
-[Footnote 43: Matthews, 'Study of Ethics among the Lower Races,' in
-_Journal of American Folk-Lore_, xii. 7.]
-
-A different opinion as to the existence of moral feelings among
-savages has been expressed by Lord Avebury. To him even modern savages
-seem to be "almost entirely wanting in moral feeling"; and he says
-that he has "been forced to this conclusion, not only by the direct
-statements of travelers but by the general tenor of their remarks, and
-especially by the remarkable absence of repentance and remorse among
-the lower races of men."[44] The importance of the subject renders
-{126} it necessary to scrutinise the facts which Lord Avebury has
-adduced in support of his conclusion.
-
-[Footnote 44: Avebury, _op. cit._ pp. 414, 426. Lord Avebury quotes
-Burton's statement that in Eastern Africa, as also among the Yoruba
-negroes, conscience does not exist, and that "repentance" expresses
-regret for missed opportunities of mortal crime. Speaking of the stage
-of savagery represented by the Bakaïri, Dr. von den Steinen likewise
-observes (_Unter den Naturvölkern Zentral-Brasiliens_, p. 351),
-"Goodness and badness exist only in the crude sense of doing to others
-what is agreeable or disagreeable, but the moral consciousness, and
-the ideal initiative, influenced neither by prospect of reward nor
-fear of punishment, are entirely lacking." Lippert maintains
-(_Kulturgeschichte der Menschheit_, i. 27) "dass sich das Gewissen
-beim Naturmenschen nicht als 'Selbsttadel,' sondern nur als Furcht
-zeigt."]
-
-Mr. Neighbors states that, among the Comanches of Texas, "no
-individual action is considered a crime, but every man acts for
-himself according to his own judgment, unless some superior power--for
-instance, that of a popular chief--should exercise authority over
-him." Another writer says, "The Redskin has no moral sense whatever."
-Among the Basutos, according to Casalis, morality "depends so entirely
-upon social order that all political disorganisation is immediately
-followed by a state of degeneracy, which the re-establishment of order
-alone can rectify." Similar accounts are given as regards Central
-Africa and some other places. Thus at Jenna, and in the surrounding
-districts, "whenever a town is deprived of its chief, the inhabitants
-acknowledge no law--anarchy, troubles, and confusion immediately
-prevail, and till a successor is appointed all labour is at an end."
-The Damaras "seem to have no perceptible notion of right or wrong."
-The Tasmanians were "without any moral views and impressions." Eyre
-says of the Australians that they have "no moral sense of what is just
-and equitable in the abstract"; and a missionary had very great
-difficulty in conveying to those natives any idea of sin. The Kacharis
-had "in their own language no words for sin, for piety, for prayer,
-for repentance"; and of another of the aboriginal tribes of India Mr.
-Campbell remarks that they "are . . . said to be without moral sense."
-Lord Avebury in this connection even quotes a statement to the effect
-that the expressions which the Tonga Islanders have for ideas like
-vice and injustice "are equally applicable to other things." The South
-American Indians of the Gran Chaco are said by the missionaries to
-"make no distinction between right and wrong, and have therefore
-neither fear nor hope of any present or future punishment or reward,
-nor any mysterious terror of some supernatural power." Finally, Lord
-Avebury observes that religion, except in the more advanced races, has
-no moral aspect or influence, that the deities are almost invariably
-regarded as evil, and that the belief in a future state is not at
-first associated with reward or punishment.[45]
-
-[Footnote 45: Avebury, _op. cit._ p. 417 _sqq._]
-
-Many of the facts referred to by Lord Avebury do not at all presuppose
-the absence of moral feelings. It is difficult to see why the
-malevolence of gods should prevent men from having notions of right
-and wrong, and we know from the Old Testament itself that there may be
-a moral law without Paradise {127} and Hell. The statement concerning
-the Comanches only implies that, among them, individual freedom is
-great; whilst the social disorder which prevails among various peoples
-at times of political disorganisation indicates that the cohesiveness
-of the political aggregate is weak, as well as a certain discrepancy
-between moral ideas and moral practice. In Morocco, also, the death of
-a Sultan is immediately followed by almost perfect anarchy, and yet
-the people recognise both the moral tenets of the Koran and the still
-more stringent tenets of their ancient customs. As to the Basutos,
-Casalis expressly states that they have the idea of moral evil, and
-represent it in their language by words which mean ugliness, or
-damage, or debt, or incapacity;[46] and M. Arbousset once heard a
-Basuto say, on an unjust judgment being pronounced, "The judge is
-powerful, therefore we must be silent; if he were weak, we should all
-cry out about his injustice."[47] Moreover, a people may be
-unconscious of what is just "in the abstract," and of moral "notions,"
-in the strict sense of the term, and at the same time, in concrete
-cases, distinguish between right and wrong, just and unjust. Of the
-Western Australians, Mr. Chauncy expressly says that they have a keen
-sense of justice, and mentions an instance of it;[48] whilst our
-latest authorities on the Central Australians observe that, though
-their moral code differs radically from ours, "it cannot be denied
-that their conduct is governed by it, and that any known breaches are
-dealt with both surely and severely."[49] As regards the Tonga
-Islanders, Mariner states that "their ideas of honour and justice do
-not very much differ from ours except in degree, they considering some
-things more honourable than we should, and others much less so"; and
-in another place he says that "the notions of the Tonga people, in
-respect to honour and justice . . . are tolerably well defined, steady
-and universal," though not always acted upon.[50] The statement that
-the American Indians have "no moral sense whatever," sounds very
-strange when compared with what is known about their social and moral
-life; Buchanan, for instance, asserts that they "have a strong innate
-sense of justice."[51] Of course, there may be diversity of opinion as
-to what constitutes the "moral sense"; if the conception of sin or
-other theological notions are regarded as essential to it, it is
-probably {128} wanting in a large portion of mankind, and not only in
-the least civilised. When missionaries or travellers deny to certain
-savages moral feelings and ideas, they seem chiefly to mean feelings
-or ideas similar to their own.
-
-[Footnote 46: Casalis, _Basutos_, p. 304.]
-
-[Footnote 47: Arbousset and Daumas, _op. cit._ p. 389.]
-
-[Footnote 48: Brough Smyth, _Aborigines of Victoria_, ii. 228.]
-
-[Footnote 49: Spencer and Gillen, _Native Tribes of Central
-Australia_, p. 46.]
-
-[Footnote 50: Mariner, _Natives of the Tonga Islands_, ii. 159, 163.]
-
-[Footnote 51: Buchanan, _Sketches of the History, &c., of the North
-American Indians_, p. 158.]
-
-Of many savage and barbarous peoples it is directly affirmed that they
-have a sense of justice. Mr. Man says concerning the Andaman
-Islanders, "Certain traits which have been noticeable in their
-dealings with us would give colour to the belief that they are not
-altogether lacking in the sense of honour, and have some faint idea of
-the meaning of justice."[52] Colonel Dalton states that, among the
-Korwás on the highlands of Sirgúja, when several persons are
-implicated in one offence, he has found them "most anxious that to
-each should be ascribed his fair share of it, and no more, the oldest
-of the party invariably taking on himself the chief responsibility as
-leader or instigator, and doing his utmost to exculpate as
-unaccountable agents the young members of the gang."[53] The Aleuts,
-according to Veniaminof, are "naturally inclined to be just," and feel
-deeply undeserved injuries.[54] Kolben, who is nowadays recognised as
-a good authority,[55] wrote of the Hottentots, "The strictness and
-celerity of the Hottentot justice are things in which they outshine
-all Christendom."[56] Missionaries have wondered that, among the
-Zulus, "in the absence for ages of all revealed truth and all proper
-religious instruction, there should still remain so much of mental
-integrity, so much ability to discern truth and justice, and withal so
-much regard for these principles in their daily intercourse with one
-another."[57] Zöller ascribes to the Negro a well-developed feeling of
-justice. "No European," he says, "at least no European child, could
-discriminate so keenly between just and unjust punishment."[58] Mr.
-Hinde observes:--"One of the most marked characteristics of black
-people is their keen perception of justice. They do not resent merited
-punishment where it is coupled with justice upon other matters. The
-Masai have their sense of justice particularly strongly
-developed."[59] Dieffenbach writes of the Maoris, "There is a high
-natural sense of justice amongst them; {129} and it is from us that
-they have learnt that many forbidden things can be done with impunity,
-if they can only be kept secret."[60] Justice is a virtue which always
-commands respect among the Bedouins, and "injustice on the part of
-those in power is almost impossible. Public opinion at once asserts
-itself; and the Sheykh, who should attempt to override the law, would
-speedily find himself deserted."[61]
-
-[Footnote 52: Man, in _Jour. Anthr. Inst._ xii. 92.]
-
-[Footnote 53: Dalton, _Descriptive Ethnology of Bengal_, p. 230.]
-
-[Footnote 54: Veniaminof, quoted by Dall, _Alaska_, p. 398.]
-
-[Footnote 55: Theophilus Hahn remarks (_The Supreme Being of the
-Khoi-Khoi_, p. 40) that Kolben's reports have been doubted by European
-writers without any good reason.]
-
-[Footnote 56: Kolben, _Present State of the Cape of Good Hope_,
-i. 301. _Cf._ _ibid._ i. 339.]
-
-[Footnote 57: Quoted by Tyler, _Forty Years among the Zulus_, p. 197.]
-
-[Footnote 58: Zöller, _Kamerun_, ii. 92. _Cf._ _Idem_, _Das Togoland_,
-p. 37.]
-
-[Footnote 59: Hinde, _The Last of the Masai_, p. 34. _Cf._ Foreman,
-_Philippine Islands_, p. 185.]
-
-[Footnote 60: Dieffenbach, _Travels in New Zealand_, ii. 106.]
-
-[Footnote 61: Blunt, _Bedouin Tribes of the Euphrates_, ii. 224 _sqq._]
-
-Much less conspicuous than the emotion of public resentment is the
-emotion of public approval. These public emotions are largely of a
-sympathetic character, and, whilst a tendency to sympathetic
-resentment is always involved in the sentiment of social affection, a
-tendency to sympathetic retributive kindly emotion is not. Among the
-lower animals this latter emotion seems hardly to occur at all, and in
-men it is often deplorably defective. Resentment towards an enemy is
-itself, as a rule, a much stronger emotion than retributive kindly
-emotion towards a friend. And, as for the sympathetic forms of these
-emotions, it is not surprising that the altruistic sentiment is more
-readily moved by the sight of pain than by the sight of pleasure,[62]
-considering that its fundamental object is to be a means of protection
-for the species. Moreover, sympathetic retributive kindliness has
-powerful rivals in the feelings of jealousy and envy, which tend to
-make the individual hostile both towards him who is the object of a
-benefit and towards him who bestows it. As an ancient writer observes,
-"many suffer with their friends when the friends are in distress, but
-are envious of them when they prosper."[63] But though these
-circumstances are a hindrance to the rise of retributive kindly
-emotions of a sympathetic kind, they do not prevent public approval in
-a case when the whole society profits by a benefit, nor have they any
-bearing on those disinterested instinctive likings of which I have
-spoken above. I think, then, we may {130} safely conclude that public
-praise and moral approval occurred, to some degree, even in the
-infancy of human society. It will appear from numerous facts recorded
-in following chapters, that the moral consciousness of modern savages
-contains not only condemnation, but praise.
-
-[Footnote 62: _Cf._ Jodl, _Lehrbuch der Psychologie_, p. 686.]
-
-[Footnote 63: Schmidt, _Ethik der alten Griechen_, i. 259.]
-
-
-
-
-CHAPTER VI
-
-ANALYSIS OF THE PRINCIPAL MORAL CONCEPTS
-
-
-WE have assumed that the moral concepts are essentially
-generalisations of tendencies in certain phenomena to call forth moral
-emotions. We have further assumed that there are two kinds of moral
-emotions: indignation and approval. If these assumptions hold good,
-either indignation or approval must be at the bottom of every moral
-concept. That such is really the case will, I think, become evident
-from the present chapter, in which the principal of those concepts
-will be analysed.
-
-Our analysis will be concerned with moral concepts formed by the
-civilised mind. Whilst the most representative of English terms for
-moral estimates have equivalents in the other European languages, I do
-not take upon myself to decide to what extent they have equivalents in
-non-European tongues. That all existing peoples, even the very lowest,
-have moral emotions is as certain as that they have customs, and there
-can be no doubt that they give expression to those emotions in their
-speech. But it is another question how far their emotions have led to
-such generalisations as are implied in moral concepts. Concerning the
-Fuegians M. Hyades observes, "Les idées abstraites sont chez eux à peu
-près nulles. Il est difficile de définir exactement ce qu'ils
-appellent un homme bon et un homme méchant; mais à coup sûr ils n'ont
-pas la notion de ce qui est bon ou mauvais, abstraction faite de
-l'individu ou de l'objet auquel ils appliqueraient l'un ou l'autre
-{132} de ces attributs."[1] The language of the Californian Karok,
-though rich in its vocabulary, is said to possess no equivalent for
-"virtue."[2] In the aboriginal tongues of the highlanders of Central
-India "there seem to be no expressions for abstract ideas, the few
-such which they possess being derived from the Hindí. . . . . The
-nomenclature of religious ceremony, of moral qualities, and of nearly
-all the arts of life they possess, are all Hindí."[3] On a strict
-examination of the language of the Tonga Islanders, Mariner could
-discover "no words essentially expressive of some of the higher
-qualities of human merit, as virtue, justice, humanity; nor of the
-contrary, as vice, injustice, cruelty, &c. They have indeed
-expressions for these ideas," he adds, but these expressions "are
-equally applicable to other things. To express a virtuous or good man,
-they would say, _tangata lillé_, a good man, or _tangata loto lillé_,
-a man with a good mind; but the word lillé, good (unlike our word
-virtuous), is equally applicable to an axe, canoe, or anything
-else."[4] Of the Australian natives about Botany Bay and Port Jackson
-Collins wrote, "That they have ideas of a distinction between good and
-bad is evident from their having terms in their language significant
-of these qualities." A fish of which they never ate, was _wee-re_, or
-bad, whereas the kangaroo was _bood-yer-re_, or good; and these
-expressions were used not only for qualities which they perceived by
-their senses, but for all kinds of badness and goodness, and were the
-only terms they had for wrong and right. "Their enemies were wee-re;
-their friends bood-yer-re. On our speaking of cannibalism, they
-expressed great horror at the mention, and said it was wee-re. On
-seeing any of our people punished or reproved for ill-treating them,
-they expressed their approbation, and said it was bood-yer-re, it was
-right."[5]
-
-[Footnote 1: Hyades and Deniker, _Mission scientifique du Cap Horn_,
-vii. 251.]
-
-[Footnote 2: Powers, _Tribes of California_, p. 22.]
-
-[Footnote 3: Forsyth, _Highlands of Central India_, p. 139.]
-
-[Footnote 4: Mariner, _Natives of the Tonga Islands_, ii. 147 _sq._]
-
-[Footnote 5: Collins, _English Colony in New South Wales_, i. 548 _sq._]
-
-{133} Considering, moreover, that even the European languages make use
-of such general terms as "good" and "bad" for the purpose of
-expressing moral qualities, it seems likely that, originally, moral
-concepts were not clearly differentiated from other more comprehensive
-generalisations, and that they assumed a more definite shape only by
-slow degrees. At the same time we must not expect to find the
-beginning of this process reflected in the vocabularies of languages.
-There is every reason to believe that a savage practically
-distinguishes between the "badness" of a man and the "badness" of a
-piece of food, although he may form no clear idea of the distinction.
-As Professor Wundt observes, "the phenomena of language do not admit
-of direct translation back again into ethical processes: the ideas
-themselves are different from their vehicles of expression, and here
-as everywhere the external mark is later than the internal act for
-which it stands."[6] Language is a rough generaliser; even superficial
-resemblance between different phenomena often suffices to establish
-linguistic identity between them. Compare the rightness of a line with
-the rightness of conduct, the wrongness of an opinion with the
-wrongness of an act. And notice the different significations given to
-the verb "ought" in the following sentences:--"They ought to be in
-town by this time, as the train left Paris last night"; "If you wish
-to be healthy you ought to rise early"; "You ought always to speak the
-truth." Though it may be shown that in these statements the predicate
-"ought" signifies something which they all have in common--the
-reference to a rule,[7]--we must by no means assume that this
-constitutes the essence of the moral "ought," or gives us the clue to
-its origin.
-
-[Footnote 6: Wundt, _Ethik_, p. 36 (English translation, p. 44).]
-
-[Footnote 7: _Cf._ Stephen, _Liberty, Equality, Fraternity_,
-p. 343 _sq._]
-
-Discarding all questions of etymology as irrelevant to our subject,[8]
-we shall, in our analysis of moral concepts, {134} endeavour to fix
-the true import of each concept by examining how, and under what
-circumstances, the term expressing it is generally applied. We shall
-restrict ourselves to the principal, typical terms which are used as
-predicates in moral judgments. If we succeed in proving that they are
-all fundamentally derived from either moral indignation or moral
-approval, there can be no reasonable doubt as to the origin of the
-rest.
-
-[Footnote 8: The attempt to apply the philological method to an
-examination of moral concepts has, in my opinion, proved a
-failure--which may be seen from Mr. Baynes' book on _The Idea of God
-and the Moral Sense in the Light of Language_.]
-
-The tendency in a phenomenon to arouse moral indignation is directly
-expressed by the term _bad_, and a disposition of mind which is
-characterised by some special kind of badness is called _vice_.
-Closely allied to the term "bad" is the term _wrong_. But there is a
-difference in the use of these words. Whilst "bad" may be applied both
-to a person's character and to his conduct, only his conduct may be
-said to be "wrong." The reason for this is that the concept of moral
-wrongness is modelled on the idea of a moral law, the breach of which
-is regarded as "wrong." And, by laying down a moral law, we only
-enjoin a certain mode of conduct; we do not command a person to have a
-certain character.
-
-The moral law is expressed by the term _ought_, a term which, in
-modern ethics, generally occupies a central position among moral
-predicates. The notion which it embodies is frequently looked upon as
-ultimate and incapable of analysis--"too elementary" (to quote
-Professor Sidgwick) "to admit of any formal definition."[9] This view,
-I think, instead of simplifying the matter, has been one of the chief
-causes of the prevailing confusion in ethical thought.
-
-[Footnote 9: Sidgwick, _Methods of Ethics_, p. 33.]
-
-Far from being a simple notion, "ought" appears to me clearly
-decomposable, even though it have a special flavour of its own. First
-of all, it expresses a conation. When I feel that I ought to do a
-thing, I experience an impulse to do it, even though some opposite
-impulse may finally determine my action. And when I say to another
-man, "You ought to do this, or that," there is certainly implied {135}
-a purpose to influence his action in a certain direction. In the
-notion of _duty_, the ethical import of which is identical with that
-of "ought," this conative element is not so obvious.
-
-Closely connected with the conative nature of "ought" is the
-imperative character it is apt to assume. But, though frequently used
-imperatively, "ought" is not necessarily and essentially imperative.
-Even if the "ought" which I address to myself, in a figurative sense,
-may be styled a command, it is hardly appropriate to speak of a
-present command with reference to past actions. The common phrase,
-"You ought to have done this, or that," cannot be called a
-command.
-
-The conation expressed in "ought" is determined by the idea that the
-mode of conduct which ought to be performed is not, or will possibly
-not be, performed. It is also this idea of its not being performed
-that determines the emotion which gives to "ought" the character of a
-moral predicate. The doing of what ought not to be done, or the
-omission of what ought not to be omitted, is apt to call forth moral
-indignation--this is the most essential fact involved in the notion of
-"ought." Every "ought"-judgment contains implicitly a negation. Nobody
-would ever have dreamt of laying down a moral rule if the idea of its
-transgression had not presented itself to his mind. We may reverse the
-words of the Apostle,[10] and say that where no transgression is,
-there is no law. When Solon was asked why he had specified no
-punishment for one who had murdered a father, he replied that he
-supposed it could not occur to any man to commit such a crime.[11]
-Similarly, the modern Shintoist concludes that the primæval Japanese
-were pure and holy from the fact that they are represented as a people
-who had no moral commandments.[12] It is this prohibitive character of
-"ought" that has imparted to duty that idea of antagonism to
-inclination which has found its most famous expression {136} in the
-Kantian ethics, and which made Bentham look upon the word itself as
-having in it "something disagreeable and repulsive."[13] It is the
-intrinsic connection between "ought" and "wrong" that has given to
-duty the most prominent place in ethical speculation whenever moral
-pessimism has been predominant. Whilst the ancient Greeks, with whom
-happiness was the state of nature, never spoke of duty, but held
-virtue to be the Supreme Good, Christianity, on the other hand, which
-looked upon man as a being born and bred in sin, regarded morals
-pre-eminently as the science of duty. Then, again, in modern times,
-Kant's categorical imperative came as a reaction against that moral
-optimism which once more had given the preference to virtue,
-considering everything in the world or in humanity as beautiful and
-good from the very beginning.[14] It is also worth noting that the
-feeling of self-complacency connected with the consciousness of having
-acted in accordance with the law of duty, has no distinctively
-expressive name in ordinary language, while the opposite feeling is
-known by so familiar and distinctive a term as "remorse." This is not,
-as has been said,[15] "a significant indication of the moral condition
-of mankind," but a significant indication of the true import of the
-notion of duty itself.
-
-[Footnote 10: _Romans_, iv. 15.]
-
-[Footnote 11: Diogenes Laërtius, _Solon_, 10. Cicero, _Pro S. Roscio
-Amerino_, 25.]
-
-[Footnote 12: Griffis, _Religions of Japan_, p. 72.]
-
-[Footnote 13: Bentham, _Deontoiogy_, i. 10.]
-
-[Footnote 14: Ziegler, _Social Ethics_, pp. 22, 75 _sq._]
-
-[Footnote 15: Murray, _Introduction to Ethics_, p. 108.]
-
-It is not, then, in the emotion of approval that we must seek for the
-origin of this concept. We may undoubtedly applaud him who is faithful
-to his duty, but the idea of duty involves no applause. There is no
-contradiction in the omission of an act being disapproved of and the
-performance of it being praised. "Ought" and "duty" express only the
-tendency of an omission to call forth disapproval, and say nothing
-about the consequences of the act's performance. The conscientious man
-refuses the homage paid to him, by saying, "I have only done my duty."
-Duty is a "stern {137} lawgiver," who threatens with punishment, but
-promises no reward.[16]
-
-[Footnote 16: The intrinsic connection between duty and disapproval
-has previously been noticed by Stuart Mill (in a note to James Mill's
-_Analysis of the Human Mind_, ii. 325), according to whom "no case can
-be pointed out in which we consider anything as a duty, and any act or
-omission as immoral or wrong, without regarding the person who commits
-the wrong and violates the duty as a fit object of punishment." _Cf._
-also Bain, _Emotions and the Will_, ch. 15, and Gizycki, _Introduction
-to the Study of Ethics_, English adaptation by Stanton Coit, p. 102
-_sq._]
-
-The ideas of "ought" and "duty" thus spring from the same source as
-the ideas of "bad" and "wrong." To say that a man ought to do a thing
-is, so far as the morality of his action is concerned, the very same
-thing as to say that it is bad, or wrong, of him not to do it--in
-other words, that the not-doing of it has a tendency to call forth
-moral disapproval.
-
-"Wrong" is popularly regarded as the opposite of _right_, and they are
-really contradictories, but only within the sphere of positive moral
-valuation. We do not call the actions of irresponsible beings, like
-animals or infants, "right," although they are not wrong; nor do we
-pronounce morally indifferent actions of responsible beings to be
-"right," unless we wish thereby especially to mark their moral value
-as not being wrong. An act which is permissible is of course not
-wrong, and so far it may be said to be right; but it would be more
-accurate to say that people have _a_ right to do it. The adjective
-"right," in its strict sense, refers to cases from which the
-indifferent is excluded. A right action is, on a given occasion, _the_
-right action, and other alternatives are wrong. "Right" is thus
-closely related to "ought," but at the same time "right" and
-"obligatory" are not identical. I cannot quite subscribe to the view
-of Professor Sidgwick, that "in the recognition of conduct as 'right'
-is involved an authoritative prescription to do it."[17] What is right
-is in accordance with the moral law; the adjective "right" means that
-duty is fulfilled. It is true that the super-obligatory also is right.
-But "right" takes no notice of the super-obligatory as distinct from
-the obligatory, and what goes {138} beyond duty always involves the
-fulfilment of some duty. It may be admitted to be "not only right,"
-but not to be more right. Right has no comparative. A duty is either
-fulfilled or not, and unless it be perfectly fulfilled the conduct is
-wrong. There are degrees of wrongness and of goodness, as the moral
-indignation and the moral approval may be stronger or weaker, but
-there are no degrees of rightness.
-
-[Footnote 17: Sidgwick, _op. cit._ p. 106.]
-
-The fact that the right action is a duty fulfilled accounts for the
-erroneous opinion so generally held by ethical writers that "right" is
-intrinsically connected with moral approval.[18] The choice of the
-right alternative may give us satisfaction and call forth in us an
-emotion of approval. This emotion may be the motive for our pointing
-out the rightness of the act, and the judgment in which we do so may
-even intrinsically contain applause. The manner in which the judgment
-"That is right," is pronounced, often shows that it is meant to be an
-expression of praise. But this does not imply that the concept "right"
-by itself has reference to moral approval and involves praise. It only
-means that in one word is expressed a certain concept--the concept
-that a duty is fulfilled--_plus_ an emotion of approval. That "right"
-_per se_ involves no praise is obvious from the fact that we regard it
-as perfectly right to pay a debt and to keep a promise, or to abstain
-from killing, robbing, or lying, although such acts or omissions
-generally have no tendency whatever to evoke in us an emotion of moral
-approval.
-
-[Footnote 18: Hutcheson, _Essay on the Nature and Conduct of the
-Passions and Affections, with Illustrations on the Moral Sense_, p.
-279. Clifford, _Lectures and Essays_, pp. 294, 304 _sq._ Fowler and
-Wilson, _Principles of Morals_, ii. 199. Alexander, _Moral Order and
-Progress_, p. 399.]
-
-The concept of "right," then, as implying that the opposite mode of
-conduct would have been wrong, ultimately derives its moral
-significance from moral disapproval. This may seem strange considering
-that "right" is commonly looked upon as positive and "wrong" as its
-negation. But we must remember that language and popular conceptions
-in these matters start {139} from the notion of a moral rule or
-command. It is a matter of paramount importance that such modes of
-conduct as are apt to arouse moral indignation should be avoided.
-People try to prevent them by prohibitions and injunctions, often
-emphasised by threats of penalties for the transgressors. The whole
-moral and social discipline is based upon commands; customs are rules
-of conduct, and so are laws. It is natural, then, that the notion of a
-command should figure uppermost in popular conceptions of morality.
-Obedience to the command is right, a breach of it is wrong. But the
-fact which gives birth to the command itself is the indignation called
-forth by the act which the command forbids, or by the omission of that
-which it enjoins.
-
-I have spoken here of "right" as an adjective. Used as a substantive,
-to denote _a right_, it also, in whatever sense it be used, expresses
-a concept which is rooted in the emotion of moral disapproval. To have
-a right to do a thing is to be allowed to do it, either by positive
-law, in the case of a legal right, or by the moral law, in the case of
-a moral right; in other words, to have a moral right to do a thing
-means that it is not wrong to do it. But generally the concept of "a
-right" means something more than this. From the fact that an act is
-allowable, that it is not wrong, it follows, as a rule, that it ought
-not to be prevented, that no hindrance ought to be put in the way of
-its performance; and this character of inviolability is largely
-included in the very concepts of rights. That a man has a right to
-live does not merely mean that he commits no wrong by supporting his
-life, but it chiefly means that it would be wrong of other people to
-prevent him from living, that it is their duty not to kill him, or
-even, as the case may be, that it is their duty to help him to live.
-And in order to constitute a right in him, the duty in question must
-be a duty _to him_. That a right belonging to A is not merely a duty
-incumbent on B, but a duty _to_ A incumbent on B, will become evident
-from an example. To kill another {140} person's slave may be condemned
-as an injury done to the slave himself, in which case it is a duty to
-the slave not to kill him; or to kill another person's slave may be
-condemned on account of the loss it causes to the master, in which
-case it is deemed a duty to the master not to kill the slave. In the
-latter case we can hardly say that the duty of not killing the slave
-constitutes a right to live in the slave--it only constitutes a right
-in the master to retain his slave alive, not to be deprived of him by
-an act causing his death.
-
-So commonly does the conception of a right belonging to a person
-contain the idea of a duty which other persons owe him, that it seems
-necessary to point out the existence of rights in which no such idea
-is involved. A man's right to defend his country, for instance, does
-not intrinsically imply that it is wrong of the enemy to disable him
-from doing so. But, on the other hand, there are rights which are
-nothing else than duties towards those who have the rights. A right is
-not always a person's right to a certain activity, or to abstaining
-from a certain activity; it may have exclusive reference to other
-people's acts or omissions. That a man has the right to be rewarded by
-his country only means that his country is under an obligation to
-reward him. That a father has a right to be obeyed by his children
-only means that it is a duty incumbent on his children to obey him.
-That a person has the right of bodily integrity only means that it is
-wrong to inflict on him a bodily injury. These rights may, no doubt,
-if violated, give rise to certain rights of activity: a man may have a
-right to claim the reward which is due to him, a father to exact from
-his children the obedience which they owe him, a person who is wronged
-to defend himself. But the rights of claiming a reward, of exacting
-obedience, of resisting wrong, are certainly not identical with the
-rights of being rewarded, of being obeyed, of not being
-wronged.
-
-It is commonly said that rights have their corresponding duties. But
-if this expression is to be used, it must be {141} remembered that the
-duty which "corresponds" to a right, as a matter of fact, is either
-included in that right or simply identical with it. The identity
-between the right and the duty, then, consists in this, that the
-notion of a right belonging to a person is identical with the notion
-of a duty towards him. Rights and duties are not identical in the
-sense that it is always a duty to insist on a right, though this has
-been urged.[19] If anybody prevents me from making use of my right it
-may no doubt be deemed a duty on my part not to tolerate the wrong
-committed against me, but nothing of the kind is involved in the
-concept of a right. And the same may be said with reference to the
-assertion that a right to do a thing is always, at the same time, a
-duty to do it--an assertion which is a consequence of the doctrine
-that there is nothing morally indifferent and nothing that goes beyond
-duty; in other words, that all conduct of responsible beings is either
-wrong or obligatory. Even if this doctrine were psychologically
-correct--which it is not--even if there were a constant coincidence
-between the acts which a person has a right to perform and acts which
-it is his duty to perform, that would not constitute identity between
-the concepts of rights and duties. According to the meaning of a
-right, A's right may be B's duty towards A, but A's right cannot be
-A's duty towards B or anybody else.
-
-[Footnote 19: Alexander, _op. cit._ p. 146 _sq._]
-
-Closely connected with the notions of wrongness and rightness are the
-notions of _injustice_ and _justice_. Injustice, indeed, is a kind of
-wrongness. To be unjust is always to be unjust to somebody, and this
-implies a doing of wrong to somebody, a violation of somebody's right.
-"Justice," again, is a kind of rightness. It involves the notion that
-a duty to somebody, a duty corresponding to a right, is fulfilled;[20]
-we say that justice "demands" that it should be fulfilled. As an act
-is "right" if its omission {142} is wrong, so an act is "just," in the
-strict sense of the word, if its omission is unjust. But, like the
-adjective "right," the adjective "just" is also sometimes used in a
-wider sense, to denote that something is "not unjust." As
-non-obligatory acts that are "not wrong" can hardly be denied to be
-"right," so non-obligatory acts that are "not unjust" can hardly be
-denied to be "just," although they are not demanded by justice.
-
-[Footnote 20: According to the _Institutiones_ of Justinian (i. 1. 1)
-"justice is the constant and perpetual will to render to each one his
-right,"--"justitia est constans et perpetua voluntas jus suum cuique
-tribuens."]
-
-At the same time, "injustice" and "justice" are not simply other names
-for violating or respecting rights. Whenever we style an act "unjust,"
-we emphasise that it involves partiality. We do not denominate murder
-and robbery unjust, but wrong or criminal, because the partiality
-involved in their commission is quite obscured by their general
-wrongness or criminality; but we at once admit their gross injustice
-when we consider that the murderer and robber indulged their own
-inclinations with utter disregard of their neighbours' rights. And we
-look upon "unjust" as an exceedingly appropriate term for a judge who
-condemns an innocent man with the intention to save the culprit, and
-for an employer who keeps for himself a profit which he ought to share
-with his employees. Again, when we style an act "just," in the strict
-sense of the term, we point out that an undue preference would have
-been shown to somebody by its omission. It is true that, as Adam Smith
-observes, "we may often fulfil all the rules of justice by sitting
-still and doing nothing,"[21] and that the man who barely abstains
-from violating either the person or the estate or the reputation of
-his neighbours so far does justice to them; but in such a case we
-hardly apply the epithet "just," simply because there is no reason for
-emphasising the partiality involved in the opposite mode of conduct.
-On the other hand, we say it is just, or, more emphatically, that
-justice demands, that the innocent should not suffer in the place of
-the guilty, or that the employer should give his employees all their
-dues.
-
-[Footnote 21: Adam Smith, _Theory of Moral Sentiments_, p. 117.]
-
-It is necessary to note that the impartiality which justice {143}
-demands is impartiality within the recognised order of rights, whether
-these rights themselves have a partial origin or not. A father is
-unjust if he gives away property to one of his children in preference
-to others, in case all of them are recognised to have a right to an
-equal share in his property, even though it be only a conditional
-right; and a man is unjust if he keeps for himself a profit to which
-another man has an equal right. But in a society which regards slavery
-as a morally permissible institution, a man is not necessarily deemed
-unjust if he beats a slave in a case where it would have been wrong to
-beat a freeman. However, in the case of unequal rights, justice admits
-of no greater difference of treatment than what the difference in
-rights implies. It may be just to punish a man who by a crime has
-forfeited that right to be protected from wilfully inflicted pain
-which every law-abiding citizen possesses, but it is unjust to extend
-the inequality between his condition and the condition of others
-beyond the inequality of their rights by inflicting upon him a
-punishment which is unduly severe.
-
-It is the emphasis laid on the duty of impartiality that gives justice
-a special prominence in connection with punishments and rewards. A
-man's rights depend to a great extent upon his actions. Other things
-being equal, the criminal has not the same rights to inviolability as
-regards reputation, or freedom, or property, or life, as the innocent
-man; the miser and egoist have not the same rights as the benefactor
-and the philanthropist. On these differences in rights due to
-differences in conduct, the terms "just" and "unjust" lay stress; for
-in such cases an injustice would have been committed if the rights had
-been equal. When we say of a criminal that he has been "justly"
-imprisoned we point out that he was no victim of undue partiality, as
-he had forfeited the general right to freedom on account of his crime.
-When we say of a benefactor that he has been "justly" rewarded, we
-point out that no favour was partially bestowed upon him in preference
-to others, as he had acquired the special right of being rewarded. But
-the {144} "justice" of a punishment or a reward, strictly speaking,
-involves something more than this; as we have seen, what is strictly
-"just" is always the discharge of a duty corresponding to a right
-which would have been in a partial manner disregarded by a
-transgression of the duty. If it is just that a person should be
-rewarded, he ought to be rewarded, and to fulfil this duty is to do
-him justice. Again, if it is just that a person should be punished, he
-ought to be punished, and his not being punished is an injustice to
-other persons. It is an injustice towards all those whose condemnation
-of the wrong act finds its recognised expression in the punishment,
-inasmuch as their rightful claim that the criminal should be punished,
-their right of resisting wrong, is thereby violated in favour of the
-wrong-doer. Moreover, his not being punished is an injustice towards
-other criminals, who have been punished for similar acts, in so far as
-they have a right to demand that no undue preference should be shown
-to anybody whose guilt is equal to theirs. Retributive justice may
-admit of a certain latitude as to the retribution. It may be a matter
-of small concern from the community's point of view whether men are
-fined or imprisoned for the commission of a certain crime. But it may
-be a demand of justice that, under equal circumstances, all of them
-should be punished with the same severity, since the crime has equally
-affected their rights.
-
-The emphasis which "injustice" lays on the partiality of a certain
-mode of conduct always involves a condemnation of that partiality.
-Like every other kind of wrongness, "injustice" is thus a concept
-which is obviously based on the emotion of moral disapproval. And so
-is the concept of "justice," whether it involves the notion that an
-injustice would be committed if a certain duty were not fulfilled, or
-it is simply used to denote that a certain mode of conduct is "not
-unjust." But there is yet another sense in which the word "just" is
-applied. It may emphasise the impartiality of an act in a tone of
-praise. Considering how difficult it is to be perfectly impartial and
-to give every man his due, especially when one's own interests are
-{145} concerned, it is only natural that men should be applauded for
-being just, and consequently that to call a person just should often
-be to praise him. So, also, "justice" is used as the name for a
-virtue, "the mistress and queen of all virtues."[22] But all this does
-not imply that an emotion of moral approval enters into the concept of
-justice. It only means that one word is used to express a certain
-concept--a concept which, as we have seen, ultimately derives its
-import from moral disapproval--_plus_ an emotion of approval. That the
-concept of justice by itself involves no reference to the emotion of
-moral approval appears from the fact that it is no praise to say of an
-act that it is "only just."
-
-[Footnote 22: Cicero, _De officiis_, iii. 6.]
-
-       *       *       *       *       *
-
-From the concepts springing from moral disapproval we pass to those
-springing from moral approval. Foremost among these ranks the concept
-_good_.[23]
-
-[Footnote 23: Professor Bain, who takes a very legal view of the moral
-consciousness, maintains (_Emotions and the Will_, p. 292) that
-"positive good deeds and self-sacrifice . . . transcend the region of
-morality proper, and occupy a sphere of their own." A similar opinion
-has been expressed by Prof. Durkheim (_Division du travail social_),
-and, more recently, by Dr. Lagerborg, in his interesting essay, 'La
-nature de la morale' (_Revue internationale de Sociologie_, xi. 466).
-Prof. Durkheim argues (p. 30) that it would be "contraire à toute
-méthode" to include under the same heading acts which are obligatory
-and acts which are objects of admiration, and at the same time exempt
-from all regulation. "Si donc, pour rester fidèle à l'usage, on
-réserve aux premiers la qualification de moraux, on ne saurait la
-donner également aux seconds." But I fail to see that ordinary usage
-recognises regulation as the test of morality. On the contrary, terms
-like "goodness" and "virtue," though having no reference whatever to
-any moral rule, have always hitherto been applied to qualities
-avowedly moral.]
-
-Though "good," being affixed to a great variety of objects, takes
-different shades of meaning in different cases, there is one
-characteristic common to everything called "good." This is hardly, as
-Mr. Spencer maintains,[24] its quality of being well adapted to a
-given end. It is true that the good knife is one which will cut, the
-good gun one which carries far and true. But I fail to see that "good"
-in a moral sense involves any idea of an adaptation to a given
-purpose, and, by calling conduct {146} "good," we certainly do not mean
-that it "conduces to life in each and all." "Good" simply expresses
-approval or praise of something on account of some quality which it
-possesses. A house is praised as "good" because it fulfils the end
-desired, a wine because it has an agreeable taste, a man on account of
-his moral worth. "Good," as a moral epithet, involves a praise which
-is the outward expression of the emotion of moral approval, and is
-affixed to a subject of moral valuation on account of its tendency to
-call forth such an emotion.
-
-[Footnote 24: Spencer, _Principles of Ethics_, i. 21 _sqq._]
-
-"Good" has commonly been identified with "right," but such an
-identification is incorrect. A father does right in supporting his
-young children, inasmuch as he, by supporting them, discharges a duty
-incumbent upon him, but we do not say that he does a good deed by
-supporting them, or that it is good of him to do so. Nor do we call it
-good of a man not to kill or rob his neighbours, although his conduct
-is so far right. The antithesis between right and wrong is, in a
-certain sense at least, contradictory, the antithesis between good and
-bad is only contrary. Every act--provided that it falls within the
-sphere of positive moral valuation--that is not wrong is right, but
-every act that is not bad is not necessarily good. Just as we may say
-of a thing that it is "not bad," and yet refuse to call it "good," so
-we may object to calling the simple discharge of a duty "good,"
-although the opposite mode of conduct would be bad. On the other hand,
-no confusion of ethical concepts is involved in attributing goodness
-to the performance of a duty, or, in other words, praising a man for
-an act the omission of which would have incurred blame. To say of one
-and the same act that it is right and that it is good, really means
-that we look upon it from different points of view. Since moral praise
-expresses a benevolent attitude of mind, it is commendable for a man
-not to be niggard in his acknowledgment of other people's right
-conduct; whereas, self-praise being objectionable, only the other
-point of view is deemed proper when he passes a {147} judgment upon
-himself. He may say, without incurring censure, "I have done my duty,
-I have done what is right," but hardly, "I have done a good deed"; and
-it would be particularly obnoxious to say, "I am a good man." The best
-man even refuses to be called good by others:--"Why callest thou me
-good? there is none good but one, that is, God."[25]
-
-[Footnote 25: _St. Matthew_, xix. 17.]
-
-Whilst "goodness" is the general expression for moral praise, _virtue_
-denotes a disposition of mind which is characterised by some special
-kind of goodness. He who is habitually temperate possesses the virtue
-of temperance, he who is habitually just the virtue of justice. And
-even when a man is simply said to be "virtuous," this epithet is given
-to him, more or less distinctly, with reference to some branch of
-goodness which constitutes his virtue. A Supreme Being, to whom is
-attributed perfect goodness, is not called virtuous, but
-good.
-
-It was the opinion of Aristotle that virtue is imperfect so long as
-the agent cannot do the virtuous action without a conflict of
-impulses. Others maintain, on the contrary, that virtue essentially
-expresses effort, resistance, and conquest. It has been represented as
-"mediation through pain";[26] according to Kant, it is "the moral
-disposition in struggle."[27] But I do not see that virtue presupposes
-struggle, nor that it is lessened by being exercised with little or no
-effort. A virtue consists in the disposition to will or not to will
-acts of a certain kind, and is by no means reduced by the fact that no
-rival impulses make themselves felt. It is true that by struggle and
-conquest a man may display more virtue, namely, the virtue of
-self-restraint in addition to the virtue gained by it. The vigorous
-and successful contest against temptation constitutes a virtue by
-itself. For instance, the quality of mind which is exhibited in a
-habitual and victorious effort to conquer strong sexual passions is a
-virtue distinguishable from that of chastity. But even this virtue of
-{148} resisting seductive impulses is not greater, _ceteris paribus_,
-in proportion as the victory is more difficult. Take two men with
-equally strong passions and equally exposed to temptations, who
-earnestly endeavour to lead a chaste life. He who succeeds with less
-struggle, thanks to his greater power of will, is surely inferior
-neither in chastity nor in self-restraint. Suppose, again, that the
-two men were exposed to different degrees of temptation. He who
-overcomes the greater temptation _displays_ more self-restraint; yet
-the other man may possess this virtue in an equal degree, and his
-chastity is certainly not made greater thereby. He may have more
-merit, but merit is not necessarily proportionate to virtue.
-
-[Footnote 26: Laurie, _Ethica_, p. 253 _sqq._]
-
-[Footnote 27: Kant, _Kritik der praktischen Vernunft_, i. 1. 3
-(_Sämmtliche Werke_, v. 89).]
-
-The virtues are broad generalisations of mental dispositions which, on
-the whole, are regarded as laudable. Owing to their stereotyped
-character, it easily happens, in individual cases, that the possession
-of a virtue confers no merit upon the possessor; and, at least from
-the point of view of the enlightened moral consciousness, a man's
-virtues are no exact gauge of his moral worth. In order to form a just
-opinion of the value of a person's character, we must take into
-account the strength of his instinctive desires and the motives of his
-conduct. There are virtues that pay no regard to this. A sober man,
-who has no taste for intoxicants, possesses the virtue of sobriety in
-no less degree than a man whose sobriety is the result of a difficult
-conquest over a strong desire. He who is brave with a view to be
-applauded is not, as regards the virtue of courage, inferior to him
-who faces dangers merely from a feeling of duty. The only thing that
-the possession of a virtue presupposes is that it should have been
-tried and tested. We cannot say that people unacquainted with
-intoxicants possess the virtue of sobriety, and that a man who never
-had anything to spend distinguishes himself for frugality. For to
-attribute a virtue to somebody is always to bestow upon him some
-degree of praise, and it is no praise, only irony, to say of a man
-that he "makes a virtue of necessity."
-
-{149} Attempts have been made to reconcile the Aristotelian and the
-Kantian views of the relation between virtue and effort, by saying
-that virtue is the harmony won and merit is the winning of it.[28]
-This presupposes that a man to whom virtue is natural has had his
-fights. But, surely, it is not always so. Who could affirm that every
-temperate, or charitable, or just man has acquired the virtue only as
-a result of inward struggle? There are people to whom some virtues at
-least are natural from the beginning, and others who acquire them with
-a minimum of effort.
-
-[Footnote 28: Dewey, _Study of Ethics_, p. 133 _sq._ Simmel,
-_Einleitung in die Moralwissenschaft_, i. 228. _Cf._ also Shaftesbury
-'Inquiry concerning Virtue and Merit,' i. 2. 4, in _Characteristicks_,
-ii. 36 _sqq._]
-
-There has been much discussion about the relation between virtue and
-duty. It has been said that "they are co-extensive, the former
-describing conduct by the quality of the agent's mind, the latter by
-the nature of the act performed";[29] that they express the same
-ideal, virtue subjectively, duty objectively;[30] or that virtue, in
-its proper sense, is "the quality of character that fits for the
-discharge of duty," and that it "only lives in the performance of
-duty."[31] At the same time it is admitted that "the distinctive mark
-of virtue seems to lie in what is beyond duty," and that "though every
-virtue is a duty, and every duty a virtue, there are certain actions
-to which it is more natural to apply the term virtuous."[32] Prof.
-Sidgwick, again, in his elaborate chapter on 'Virtue and Duty,'
-remarks that he has "thought it best to employ the terms so that
-virtuous conduct may include the performance of duty as well as
-whatever good actions may be commonly thought to go beyond duty;
-though recognising that virtue in its ordinary use is most
-conspicuously manifested in the latter."[33]
-
-[Footnote 29: Alexander, _op. cit._ p. 244.]
-
-[Footnote 30: Grote, _Treatise on the Moral Ideals_, p. 22. _Cf._
-Seth, _Study of Ethical Principles_, p. 239.]
-
-[Footnote 31: Muirhead, _Elements of Ethics_, p. 190 n.*]
-
-[Footnote 32: Alexander, _op. cit._ p. 243 _sq._]
-
-[Footnote 33: Sidgwick, _op. cit._ p. 221.]
-
-It can be no matter of surprise that those who regard the notion of
-"duty" as incapable of being analysed, or {150} who fail to recognise
-its true import, are embarrassed by its relation to virtue. We do not
-call it a virtue if a man habitually abstains from killing or robbing,
-or pays his debts, or performs a great number of other duties. We do
-call chastity and temperance and justice virtues, although we regard
-it as obligatory on a man to be chaste, temperate, just. We also call
-hospitality, generosity, and charity virtues in cases where they go
-beyond the strict limits of duty. "The relation of virtue and duty is
-complicated," says Professor Alexander.[34] "In its common use each
-term seems to include something excluded from the other," observes
-Professor Sidgwick.[35] But, indeed, the relation is not complicated,
-for there is no other intrinsic relation between them than their
-common antagonism to "wrong." That something is a duty implies that
-its non-performance tends to evoke moral indignation, that it is a
-virtue implies that its performance tends to evoke moral approval.
-That the virtues actually cover a comparatively large field of the
-province of duty is simply owing to their being dispositions of mind.
-We may praise the habits of justice and gratitude, even though we find
-nothing praiseworthy in an isolated just or grateful act.
-
-[Footnote 34: Alexander, _op. cit._ p. 244.]
-
-[Footnote 35: Sidgwick, _op. cit._ p. 219.]
-
-There has been no less confusion with regard to the relation between
-duty and _merit_. Like the notions of "good" and "virtue," the
-"meritorious" derives its origin from the emotion of moral approval;
-but while the former merely express a tendency to give rise to such an
-emotion, "meritorious" implies that the object to which it refers
-merits praise, that it has a just claim to praise, or, in other words,
-that it ought to be recognised as good. This makes the term
-"meritorious" more emphatic than the term "good," but at the same time
-it narrows its province in a peculiar way. Just as the expression that
-something ought to be done implies the idea of its not being done, so
-the word "meritorious" suggests the idea of goodness which may fail of
-due recognition. And as it is meaningless to speak of duty in a case
-where the {151} opposite mode of conduct is entirely out of the
-question, so it would be an absurdity to attribute merit to somebody
-for an act the goodness of which is universally admitted. Thus
-"meritorious" involves a restriction. It would be almost blasphemous
-to call the acts of a God conceived to be infinitely good meritorious,
-since it would suggest a limitation of his goodness.
-
-The emphatic claim to praiseworthiness made by the "meritorious" has
-rendered it objectionable to a great number of moralists. It has been
-identified with the "super-obligatory"--a conception which is to many
-an abomination. From what has been said above, however, it is manifest
-that they are not identical. As the discharge of a duty may be
-regarded as a good act, so it may also be regarded as an act which
-ought to be recognised as good. Practically, no doubt, there is a
-certain antagonism between duty and merit. We praise, and, especially,
-we regard as deserving praise, only what is above the average,[36] and
-we censure what is below it. No merit is conferred upon him who
-performs a duty which is seldom transgressed, or the transgression of
-which would actually incur punishment or censure. We do not think that
-a man ought to be praised for what his own interest prompts him to
-perform; and, since the transgression of a moral command which is
-usually obeyed is generally censured or punished, there is under
-ordinary circumstances nothing meritorious in performing a duty. But
-though thus probably most acts which are deemed meritorious fall
-outside the limits of duty as roughly drawn by the popular mind, we
-are on the other hand often disposed to attribute merit to a man on
-account of an act which, from a strict point of view, is his duty, but
-a duty which most people, under the same circumstances, would have
-left undischarged. This shows that the antagonism between duty and
-merit is not absolute. And in the concept of merit _per se_ no such
-antagonism is involved.
-
-[Footnote 36: Merit, as Professor Alexander puts it (_op. cit._ p.
-196), "expresses the interval which separates the meritorious from the
-average."]
-
-{152} I confess that I fail to grasp what those writers really mean
-who identify the "meritorious" with the "super-obligatory," and at the
-same time deny the existence of any super-obligatory. Do they shut
-their eyes to the important psychical fact indicated by the term
-"merit," or do they look upon it as a chimera inconsistent with a
-sufficiently enlightened moral consciousness? For my own part, I
-cannot see how the moral consciousness could dispense with the idea
-that there are actions which merit praise or reward, which ought to be
-praised or rewarded. The denial of merit can be defended from a purely
-theological point of view, but then only with regard to man's relation
-to God. It is obvious that a fallen being who is sinning even when he
-does his best, could not be recognised as good by God and could have
-no merit. But it is hardly just, nor is it practically possible, that
-a man should measure his fellow-man by a superhuman standard of
-perfection, and try to suppress the natural emotion of moral approval
-and the claims springing from it, by persuading himself that there is
-no mortal being who ever does anything which ought to be recognised as
-good.
-
-Quite distinct from the question of merit, then, is that of the
-_super-obligatory_. Can a man do more than his duty, or, in other
-words, is there anything good which is not at the same time a duty?
-The answer depends on the contents given to the commandments of duty,
-hence it may vary without affecting the concept of duty itself. If we
-consider that there is an obligation on every man to promote the
-general happiness to the very utmost of his ability, we must also
-maintain that nobody can ever do anything good beyond his duty. The
-same is the case if we regard "self-realisation," or a "normal"
-exercise of his natural functions, as a man's fundamental duty. In all
-these cases "to aim at acting beyond obligation," as Price puts
-it,[37] is "the same with aiming at acting contrary to obligation, and
-doing more than is fit to be done, the same with doing wrong." It can
-hardly be denied, however, {153} that those who hold similar views have
-actually two standards of duty, one by which they measure man and his
-doings in the abstract, with reference to a certain ideal of life
-which they please to identify with duty, and another by which they are
-guided in their practical moral judgments upon their own and their
-neighbours' conduct. The conscientious man is apt to judge himself
-more severely than he judges others, partly because he knows his own
-case better than theirs,[38] and partly because he is naturally afraid
-of being intolerant and unjust. He may indeed be unwilling to admit
-that he ever can do more than his duty, seeing how difficult it is
-even to do what he ought to do, and impressed, as he would be, with
-the feeling of his own shortcomings. Yet I do not see how he could
-conscientiously deny that he has omitted to do many praiseworthy or
-heroic deeds without holding himself blamable for such omissions.
-
-[Footnote 37: Price, _Review of the Principal Questions in Morals_,
-p. 204 _sq._]
-
-[Footnote 38: _Cf._ Sidgwick, _op. cit._ p. 221.]
-
-Professor Sidgwick observes that "we should not deny that it is, in
-some sense, a man's strict duty to do whatever action he judges most
-excellent, so far as it is in his power."[39] This, as it seems to me,
-is not a matter of course, and nothing of the kind is involved in the
-notion of duty itself. We must not confound the moral law with the
-moral ideal. Duty is the minimum of morality, the supreme moral ideal
-of the best man is the maximum of it. Those who sum up the whole of
-morality in the word "ought" identify the minimum and the maximum, but
-I fail to see that morality is better for this. Rather it is worse.
-The recognition of a "super-obligatory" does not lower the moral
-ideal; on the contrary it raises it, or at any rate makes it more
-possible to vindicate the moral law and to administer it justly. It is
-nowadays a recognised principle in legislation that a law loses part
-of its weight if it cannot be strictly enforced. If the realisation of
-the highest moral ideal is commanded by a moral law, such a law will
-always remain a dead letter, and morality will gain nothing. Far above
-the anxious {154} effort to fulfil the commandments of duty stands the
-free and lofty aspiration to live up to an ideal, which, unattainable
-as it may be, threatens neither with blame nor remorse him who fails
-to reach its summits. Does not experience show that those whose
-thoughts are constantly occupied with the prescriptions of duty are
-apt to become hard and intolerant?
-
-[Footnote 39: _Ibid._ p. 219.]
-
-Those who deny the existence of anything morally "praiseworthy" which
-is not a duty, are also generally liable to deny the existence of
-anything morally _indifferent_ in the conduct of responsible beings.
-The "super-obligatory" and the "indifferent" have this in common, that
-they are "ultra-obligatory," and the denial of the one as well as of
-the other is an expression of the same tendency to look upon the moral
-law as the sole fact of the moral consciousness. Even Utilitarianism
-cannot consistently admit of anything indifferent within the province
-of moral valuation, since two opposite modes of conduct can hardly
-produce absolutely the same sum of happiness. Such a repudiation of
-the "indifferent" being quite contrary to the morality of common
-sense, which, after all, no ethical theory can afford to neglect,
-considerable ingenuity has been wasted on vain attempts to show that
-the "indifferent" is nothing but a rude popular conception unable to
-keep its ground against a thoroughgoing examination. Professor Ziegler
-ironically asks:--"Such outward matters as eating and drinking are
-surely morally indifferent? And yet is eating and drinking too much,
-is spending too much time in outdoor exercise, is lounging idly about,
-morally indifferent? or, on the other hand, is it morally allowable or
-wholesome to reduce oneself and make oneself weak and ill by fasting,
-or to become a hypochondriac by continually staying indoors?"[40] This
-argument, however, involves a confusion of different volitions. The
-fact that eating or drinking generally, or eating or drinking too much
-or too little, are no matters of indifference, surely does not prevent
-{155} eating or drinking on some certain occasion from being
-indifferent. Mr. Bradley again observes:--"It is right and a duty that
-the sphere of indifferent detail should exist. It is a duty that I
-should develop my nature by private choice therein. Therefore,
-_because_ that is a duty, it is a duty _not_ to make a duty of every
-detail; and thus in every detail I have done my duty."[41] This
-statement also shows a curious confusion of entirely different facts.
-It may be very true that it is a duty to recognise certain actions as
-indifferent. This is one thing by itself. But it is quite another
-thing to perform those actions. And if it is a duty to recognise
-certain actions as indifferent how could it possibly at the same time
-be held a duty to perform them?
-
-[Footnote 40: Ziegler, _op. cit._ p. 85.]
-
-[Footnote 41: Bradley, _Ethical Studies_, p. 195, n. 1.]
-
-It has been maintained that the sphere of the indifferent forms the
-totality of "ought"; that when the same end may be reached by a
-variety of means, an action may be indifferent merely in relation to
-the choice of means, but not so far as regards the attainment of the
-end, and hence is only apparently indifferent.[42] "If it is my moral
-duty to go from one town to another," says Mr. Bradley, "and there are
-two roads which are equally good, it is indifferent to the proposed
-moral duty _which_ road I take; it is not indifferent _that_ I do take
-one or the other; and whichever road I do take, I am doing my duty on it,
-and hence it is far from indifferent: my walking on road A is a matter
-of duty in reference to the end, though not a matter of duty if you
-consider it against walking on road B; and so with B--but I can escape
-the sphere of duty neither on A nor on B." All this is true, but forms
-no argument against the "indifferent." The statement, "You ought to go
-to the town and to take either road A or B," refers to two volitions
-which are regarded as wrong, namely, the volition not to go to the
-town at all, and the volition to take any road not A or B; and it
-{156} refers also to two pairs of volitions in reference to which it
-indicates that the choice between the volitions constituting each pair
-is indifferent. You may choose to take road A or not to take it; you
-may choose to take road B or not to take it. The "indifferent" is
-always an alternative between contradictories. It can therefore never
-form part of an "ought"-totality, being itself a totality as complete
-as possible. This is somewhat disguised by a judgment which makes an
-obligation of a choice between A and B, but becomes conspicuous if we
-consider a simple case of indifference. Suppose that it is considered
-indifferent whether you speak or do not speak on a certain occasion.
-What is here the "ought" that forms the totality of the indifferent?
-Would there be any sense in saying that you ought either to speak or
-not to speak? or is the alternative, speaking--not speaking, only a
-link in an indefinite chain of alternatives, each of which is by
-itself indifferent, in a relative sense, but the sum of which forms
-the "ought"? You may be permitted--it will perhaps be argued--in a
-given moment to speak or to abstain from speaking, to write or to
-abstain from writing, to read or to abstain from reading, and so on;
-but however wide the province of the permissible may be, there must
-always be a limit inside which you ought to remain. That you do this
-or that may be a matter of indifference, but only of relative
-indifference, for it is not indifferent what you do on the whole;
-hence there is nothing absolutely indifferent. Such an argument,
-however, involves a misapprehension of the true meaning of the
-"indifferent." The predicate expressing indifference refers to certain
-definite volitions and their contradictories, not to the whole of a
-man's conduct in a certain moment. The whole of a man's conduct is
-never indifferent. But neither is the whole of a man's conduct ever
-wrong. In the moment when a murderer kills his victim he is fulfilling
-an endless number of duties: he abstains from stealing, lying,
-committing adultery, suicide, and so on. The predicate "wrong" only
-marks the moral {157} character of a special mode of conduct. Why
-should not the indifferent be allowed to do the same?
-
-[Footnote 42: Simmel, _op. cit._ i. 35 _sqq._ Alexander, _op. cit._
-p. 50 _sqq._ Murray, _op. cit._ p. 26 _sq._ Bradley, _op. cit._
-p. 195 _sq._]
-
-It has, finally, been observed that the so-called "indifferent" is
-something "the morality of which can only be individually
-determined."[43] This remark calls attention to the fact that no mode
-of conduct can be regarded as indifferent without a careful
-consideration of individual circumstances, and that much which is
-apparently indifferent is not really so. This, however, does not
-involve an abolition of the indifferent. Such an abolition would be
-the extreme of moral intolerance. He who tried to put it into practice
-would be the most insupportable of beings, and to himself life would
-be unbearable. Fortunately, such a man has never existed. The attempts
-to make every action, even the most trivial, of responsible beings a
-matter of moral concern, are only theoretical fancies without
-practical bearing, a hollow and flattering tribute to the idol of
-Duty.
-
-[Footnote 43: Martensen, _Christian Ethics_, p. 415.]
-
-
-
-
-CHAPTER VII
-
-CUSTOMS AND LAWS AS EXPRESSIONS OF MORAL IDEAS
-
-
-MORAL ideas are expressed in moral judgments. We have hitherto
-examined the predicates of such judgments, the import and origin of
-the moral concepts. Now a much wider field or research remains for us
-to traverse. We shall direct our attention to the subjects of moral
-judgments, to the mass of phenomena which, among different peoples and
-in different ages, have had a tendency to call forth moral blame and
-moral praise. We shall discuss the general characteristics which all
-these phenomena have in common. We shall classify the most important
-of them, and study the moral ideas held with reference to the
-phenomena of each class separately. And in both cases we shall not
-only analyse, but try to find an answer to the question, Why?--the
-ultimate aim of all scientific research. But before entering upon this
-vast undertaking, we must define the lines on which it is to be
-conducted. How can we get an insight into the moral ideas of mankind
-at large?
-
-In answering this question I need not dwell upon such obvious means of
-information as direct experience, or records of moral maxims and
-sentiments found in proverbs, literary and philosophical works, and
-religious codes. The sources which, from an evolutionary point of
-view, are of the most comprehensive importance for our study, are
-tribal and national customs and laws. It is to these sources that the
-present chapter will be devoted.
-
-{159} We have seen that a custom, in the strict sense of the word, is
-not merely the habit of a certain circle of men, but at the same time
-involves a moral rule. There is a close connection between these two
-characteristics of custom: its habitualness and its obligatoriness.
-Whatever be the foundation for a certain practice, and however trivial
-it may be, the unreflecting mind has a tendency to disapprove of any
-deviation from it for the simple reason that such a deviation is
-unusual. As Abraham Tucker observes, "it is a constant argument among
-the common people, that a thing must be done, and ought to be done,
-because it always has been done."[1] Children show respect for the
-customary,[2] and so do savages. "If you ask a Kaffir why he does so
-and so, he will answer--'How can I tell? It has always been done by
-our forefathers.'"[3] The only reason which the Eskimo can give for
-some of their present customs, to which they adhere from fear of ill
-report among their people, is that "the old Innuits did so, and
-therefore they must."[4] In the behaviour of the Aleut, who "is
-bashful if caught doing anything unusual among his people,"[5] and in
-the average European's dread of appearing singular, we recognise the
-influence of the same force of habit.
-
-[Footnote 1: Tucker, _Light of Nature_, ii. 593. _Cf._ also Simmel,
-_Einleitung in die Moralwissenschaft_, i. 65 _sqq._]
-
-[Footnote 2: Sully, _Studies of Childhood_, p. 280 _sq._]
-
-[Footnote 3: Leslie, _Among the Zulus and Amatongas_, p. 146.]
-
-[Footnote 4: Hall, _Arctic Researches_, p. 569.]
-
-[Footnote 5: Dall, _Alaska_, p. 396.]
-
-On the other hand, it should be remembered that not every public habit
-is a custom, involving an obligation; certain practices, though very
-general in a society, may even be reprobated by almost every one of
-its members. The habits of a people must therefore be handled with
-discretion by the student of moral ideas. Yet when he has no reason to
-conclude as to some special habit that it is held obligatory, he may,
-probably always, be sure that it is either allowed, or, in spite of
-all assurances of its wickedness, that the disapproval of it is not
-generally very deep or genuine. In a community where lying is a {160}
-prevailing vice, truthfulness cannot be regarded as a very sacred
-duty; and where sexual immorality is widely spread, the public
-condemnation of it always smacks of hypocrisy. Men's standard of
-morality is not independent of their practice. The conscience of a
-community follows the same rule as the conscience of an individual.
-"Commit a sin twice," says the Talmud, "and you will think it
-perfectly allowable."[6] Hence for the study of the inmost convictions
-of a nation, its "bad habits" form a valuable complement to its
-professed opinions.
-
-[Footnote 6: Deutsch, _Literary Remains_, p. 58.]
-
-The dictates of custom being dictates of morality, it is obvious that
-the study of moral ideas will, to a large extent, be a study of
-customs. But at the same time it should be borne in mind that custom
-never covers the whole field of morality, and that the uncovered space
-grows larger in proportion as the moral consciousness develops. Being
-a rule of duty, custom may only indirectly be an expression of moral
-approval, by claiming, in certain cases, that goodness should be
-rewarded. But even when demanding praise, custom is not always a
-reliable exponent of merit; it includes politeness, and politeness is
-a great deceiver. Custom may compel us to praise a man for form's
-sake, when he deserves no praise, and to thank him when he deserves no
-thanks. Moreover, custom regulates external conduct only. It tolerates
-all kinds of volitions and opinions if not openly expressed. It does
-not condemn the heretical mind, but the heretical act. It demands that
-under certain circumstances certain actions shall be either performed
-or omitted, and, provided that this demand is fulfilled, it takes no
-notice of the motive of the agent or omitter. Again, in case the
-course of conduct prescribed by custom is not observed, the mental
-facts connected with the transgression, if regarded at all, are dealt
-with in a rough and ready manner, according to general rules which
-hardly admit of individualisation. Yet the incongruity between custom
-and morality which ensues from these circumstances is on {161} the
-whole more apparent than real. It is rather an incongruity between
-different moral standards. The unreflecting moral consciousness, like
-custom, cares comparatively little for the internal aspect of conduct.
-It does not ask whether a man goes to church on Sunday from a
-religious motive or from fear of public opinion; it does not ask
-whether he stays at home from love of ease or from dissent of belief
-and avoidance of hypocrisy. It is ready to blame as soon as the
-dictate of custom is disobeyed. The rule of custom is the rule of duty
-at early stages of development. Only progress in culture lessens its
-sway.
-
-Finally, the moral ideas which are expressed in the customs of a
-certain circle of men are not necessarily shared by every one of its
-members. This may, in the present connection, be considered a matter
-of slight importance by him who regards morality as "objectively"
-realised in the customs of a people, and who denies the individual the
-right to a private conscience. But from the subjective point of view
-which I am vindicating, individual conviction has a claim to equal
-consideration with public opinion, nay frequently, to higher respect,
-representing as it does in many cases a higher morality, a moral
-standard more purified by reflection and impartiality. At the lower
-stages of civilisation, however, where a man is led by his feelings
-more than by his thoughts, such a differentiation of moral ideas
-hardly occurs. The opinions of the many are the opinions of all, and
-the customs of a society are recognised as rules of duty by all its
-members.
-
-In primitive society custom stands for law, and even where social
-organisation has made some progress it may still remain the sole rule
-for conduct.[7] The authority of {162} a chief does not necessarily
-involve a power to make laws. Even kings who are described as
-autocrats may be as much tied by custom as is any of their
-subjects.
-
-[Footnote 7: Cranz, _History of Greenland_, i. 170. Dall, _op. cit._
-p. 381 (Tuski). Dobrizhoffer, _Account of the Abipones_, p. 95.
-Shooter, _Kafirs of Natal and the Zulu Country_, p. 101 _sq._ Holden,
-_Past and Future of the Kaffir Races_, p. 336. Mungo Park, _Travels in
-the Interior of Africa_, p. 16. Scaramucci and Giglioli, 'Notizie sui
-Danakil,' in _Archivio per l'antropologia e la etnologia_, xiv. 39.
-Earl, _Papuans_, p. 105 (Arru Islanders). Forbes, _A Naturalist's
-Wanderings in the Eastern Archipelago_, p. 473 (Timorese). Dalton,
-_Ethnology of Bengal_, p. 51 (Manipuris). Rockhill, _Land of the
-Lamas_, p. 220 (Eastern Tibetans).]
-
-The Rejangs of Sumatra "do not acknowledge a right in the chiefs to
-constitute what laws they think proper, or to repeal or alter their
-ancient usages, of which they are extremely tenacious and jealous."
-There is no word in their language which signifies law, and the
-chiefs, in pronouncing their decisions are not heard to say, "So the
-law directs," but, "Such is the custom."[8] According to Ellis, "the
-veneration of the Malagasy for the customs derived from tradition, or
-any accounts of their ancestors . . . influences both their public and
-private habits; and upon no individual is it more imperative than upon
-their monarch, who, absolute as he is in other respects, wants either
-the will or the power to break through the long-established
-regulations of a superstitious people."[9] The king of Ashanti,
-although represented as a despotic monarch, is nevertheless under an
-obligation to observe the national customs which have been handed down
-to the people from remote antiquity, and a practical disregard of this
-obligation, in the attempt to change some of the old customs, cost one
-of the kings his throne.[10] "The Africans," says Mr. Winwood Reade,
-with special reference to Dahomey, "have sometimes their enlightened
-kings, as the old barbarians had their sages and their priests. But it
-is seldom in the power of the heads of a people to alter those customs
-which have been held sacred from time immemorial."[11] The Basutos,
-among whom "the chiefs have the right of making laws and publishing
-regulations required by the necessities of the times," regard such
-laws, or _molaos_, as inferior to the _mekhoas_, "the use and wont,"
-which constitute the real laws of the country.[12] Among the ancient
-Irish, there was no sovereign authority competent to enact a new law,
-the function of the king being merely, as chief of the tribal
-assembly, to see that the proper customs were observed.[13]
-
-[Footnote 8: Marsden, _History of Sumatra_, p. 217.]
-
-[Footnote 9: Ellis, _History of Madagascar_, i. 359.]
-
-[Footnote 10: Beecham, _Ashantee and the Gold Coast_, p. 90 _sq._ _Cf._
-Stuhlmann, _Mit Emin Pascha ins Herz von Afrika_, p. 523
-(A-l[=u]r).]
-
-[Footnote 11: Reade, _Savage Africa_, p. 52 _sq._]
-
-[Footnote 12: Casalis, _Basutos_, p. 228.]
-
-[Footnote 13: _Ancient Laws of Ireland_, iii. p. lxxxvi. _sq._ Cherry,
-_Growth of Criminal Law_, p. 33.]
-
-{163} In competition with law, custom frequently carries the day. In
-India, especially in the South, "custom has always been to a great
-extent superior to the written law."[14] In the Ramnad case, the
-Judicial Committee expressly declared that, "under the Hindu system of
-law, clear proof of usage will outweigh the written text of the
-law."[15] It was also a maxim of the Roman jurists that laws may be
-abrogated by desuetude or contrary usage;[16] and in modern times the
-same doctrine is acted upon in Scotland.[17] Moreover, when a custom
-cannot abrogate the law, it may still have a paralysing influence on
-its execution. According to the laws of European nations, a man who
-has killed another in a duel is to be treated as a homicide; yet
-wherever the duel exists as a custom, the law against it is
-ineffective. So it is on the Continent, and so it was in England in
-the eighteenth century, when a well-informed writer could affirm that
-he had "not found any case of an actual execution in England in
-consequence of a duel fairly fought."[18] In this instance the
-ineffectiveness of the law is owing to the fact that the law has not
-been able to abolish an old custom. But the superiority of custom also
-shows itself in cases where the law itself is getting antiquated, and
-a new custom, enforced by public opinion, springs up in opposition to
-it. Thus, contrary to law and earlier usage, it is nowadays the custom
-of certain European countries that a sentence of death is not carried
-into execution. Even "bad habits" tend to weaken the authority of the
-law. Probably the two most prominent civil vices of the Chinese are
-bribery and gambling. Against both these vices their penal code speaks
-with no uncertain sound; and yet, according to {164} Professor
-Douglas, it is no exaggeration to say that if the law were enforced,
-it would make a clean sweep of ninety-nine of every hundred officials
-in the empire.[19] Other illustrations of the same principle may be
-found much nearer home.
-
-[Footnote 14: Burnell, quoted by Nelson, _View of the Hind[=u] Law_,
-p. 136.]
-
-[Footnote 15: Mayne, _Treatise on Hindu Law and Usage_, p. 41.]
-
-[Footnote 16: _Institutiones_, i. 2. 11. _Digesta_, i. 3. 32.]
-
-[Footnote 17: Mackenzie, _Studies in Roman Law_, p. 54.]
-
-[Footnote 18: Quoted by Bosquett, _Treatise on Duelling_, p. 80. _Cf._
-_A Short Treatise upon the Propriety and Necessity of Duelling_,
-printed at Bath in 1779. In 1808, however, Major Campbell was
-sentenced to death and executed for killing Captain Boyd in a duel
-(Storr, 'Duel,' in _Encyclopædia Britannica_, vii. 514).]
-
-[Footnote 19: Douglas, _Society in China_, p. 82.]
-
-Custom has proved stronger than law and religion combined. Sir Richard
-Burton writes of the Bedouins, "Though the revealed law of the Koran,
-being insufficient for the Desert, is openly disregarded, the
-immemorial customs of the _Kazi al-Arab_ (the Judge of the Arabs) form
-a system stringent in the extreme."[20] So, also, the Turkomans are
-ruled, often tyrannised over, by a mighty sovereign, invisible indeed
-to themselves, but whose presence is plainly discerned in the word
-_deb_--"custom," "usage." Our authority adds:--"It is very remarkable
-how little the 'Deb' has suffered in its struggle of eight centuries
-with Mahommedanism. Many usages, which are prohibited to the Islamite,
-and which the Mollahs make the object of violent attack, exist in all
-their ancient originality."[21]
-
-[Footnote 20: Burton, _Pilgrimage to Al-Madinah and Meccah_, ii. 87.]
-
-[Footnote 21: Vámbéry, _Travels in Central Asia_, p. 310 _sqq._]
-
-The laws themselves, in fact, command obedience more as customs than
-as laws. A rule of conduct which, from one point of view, is a law, is
-in most cases, from another point of view, a custom; for, as Hegel
-remarks, "the valid laws of a nation, when written and collected, do
-not cease to be customs."[22] There are instances of laws that were
-never published, the knowledge and administration of which belonged to
-a privileged class, and which nevertheless were respected and
-obeyed.[23] And among ourselves the ordinary citizen stands in no need
-of studying the laws under which he lives, custom being generally the
-safe guiding star of his conduct. Custom, as Bacon said, is "the
-principal magistrate of man's life,"[24] or, as the ancients put it,
-"the king of all men."[25]
-
-[Footnote 22: Hegel, _Philosophie des Rechts_, § 211, p. 199.]
-
-[Footnote 23: Rein, _Japan_, p. 314.]
-
-[Footnote 24: Bacon, 'Essay xxxix. Of Custom and Education,' in
-_Essays_, p. 372.]
-
-[Footnote 25: Herodotus, iii. 38.]
-
-{165} Many laws were customs before they became laws. Ancient customs
-lie at the foundation of all Aryan law-books. Mr. Mayne is of opinion
-that Hindu law is based upon customs which existed even prior to and
-independent of Brahmanism.[26] The Greek word [Greek: no/mos] means
-both custom and law, and this combination of meanings was not owing to
-poverty of language, but to the deep-rooted idea of the Greek people
-that law is, and ought to be, nothing more and nothing less than the
-outcome of national custom.[27] A great part of the Roman law was
-founded on the _mores majorum_; in the Institutes of Justinian, it is
-expressly said that "long prevailing customs, being sanctioned by the
-consent of those who use them, assume the nature of Laws."[28] The
-case was similar with the ancient laws of the Teutons and
-Irish.[29]
-
-[Footnote 26: Mayne, _op. cit._ p. 4.]
-
-[Footnote 27: Ziegler, _Social Ethics_, p. 30. Schmidt, _Ethik der
-alten Griechen_, i. 201.]
-
-[Footnote 28: _Institutiones_, i. 2. 9.]
-
-[Footnote 29: Joyce, _Social History of Ancient Ireland_, i. 181.]
-
-The transformation of customs into laws was not a mere ceremony. Law,
-like custom, is a rule of conduct, but, while custom is established by
-usage and obtains, in a more or less indefinite way, its binding force
-from public opinion, a law originates in a definite legislative act,
-being set, as Austin says, by a sovereign person, or a sovereign body
-of persons, to a person or persons in a state of subjection to its
-author.[30] By becoming laws, then, the customs were expressly
-formulated, and were enforced by a more definite sanction. It seems
-that the process in question arose both from considerations of social
-utility and from a sense of justice. Cicero observes that it was for
-the sake of equity that "laws were invented, which perpetually spoke
-to all men with one and the same voice."[31] From these points of view
-it was neither necessary nor desirable that more than a limited set of
-customs should pass into laws. There are customs which are too
-indefinite to assume the stereotyped shape of law.[32] There are
-others, the breach {166} of which excites too little public
-indignation, or which are of too little importance for the public
-welfare, to be proper objects of legislation. And there are others
-which may be said to exist unconsciously, that is, which are
-universally observed as a matter of course, and which, never being
-transgressed, are never thought of.
-
-[Footnote 30: Austin, _Lectures on Jurisprudence_, i. 87, 181, &c.]
-
-[Footnote 31: Cicero, _De officiis_, ii. 12.]
-
-[Footnote 32: _Cf._ Aristotle, _Ethica Nicomachea_, v. 10. 6.]
-
-Laws which are based on customs naturally express moral ideas
-prevalent at the time when they are established. On the other hand,
-though still in existence, they are not necessarily faithful
-representatives of the ideas of a later age. Law may be even more
-conservative than custom. Though the latter exercises a very
-preservative influence on public opinion, it _eo ipso_ changes when
-public opinion changes. Even among savages, in spite of their extreme
-regard for the customs of their ancestors, it is quite possible for
-changes to be introduced; the traditions of the Central Australian
-Arunta, for instance, indicate their own recognition of the fact that
-customs have varied from time to time.[33] But the legal form gives to
-an ancient custom such a fixity as to enable it to survive, as a law,
-the change of public opinion and the introduction of a new custom. In
-all progressive societies, as Sir Henry Maine observes, social
-necessities and social opinion are always more or less in advance of
-law. "We may come indefinitely near to the closing of the gap between
-them, but it has a perpetual tendency to re-open."[34]
-
-[Footnote 33: Spencer and Gillen, _Native Tribes of Central
-Australia_, p. 12 _sqq._]
-
-[Footnote 34: Maine, _Ancient Law_, p. 24.]
-
-The moral ideas of a people are less extensively represented in its
-laws than in its customs. This is a corollary of the fact that there
-are always a great number of customs which never become laws.
-Moreover, whilst law, like custom, directly expresses only what is
-obligatory, it hardly ever deals with merit, even indirectly. The
-Chinese have a method of rewarding and commemorating meritorious and
-virtuous subjects by erecting gates in their honour, and conferring
-upon them marks of public distinction;[35] {167} and the Japanese and
-Coreans award prizes in the form of money or silver cups or monumental
-columns to signal exemplars of filial piety, arguing that, if the law
-punishes crime, it ought also to reward virtue.[36] In Europe we have
-titles and honours, pensions for distinguished service, and the like;
-but the distribution of them is not regulated by law, and has often
-little to do with morality.
-
-[Footnote 35: de Groot, _Religious System of China_ (vol. ii. book) i.
-769, 789 _sq._]
-
-[Footnote 36: Griffis, _Corea_, p. 236.]
-
-Law, like custom, only deals with overt acts, or omissions, and cares
-nothing for the mental side of conduct, unless the law be
-transgressed. Yet, as will be seen subsequently, though this
-constitutes an essential difference between law and the enlightened
-moral consciousness, it throws considerable light on the moral
-judgments of the unreflecting mind.
-
-Being a general, and at the same time a strictly defined, rule of
-conduct, a law can even less than a custom make special provision for
-every case so as to satisfy the demand of justice. This disadvantage,
-however, was hardly felt in early periods of legislation, when little
-account was taken of what was behind the overt act; and at later
-stages of development, the difficulty was overcome by leaving greater
-discretion to the judge. The history of legal punishments in England,
-for instance, shows a change from a system which, except in cases of
-misdemeanour, left no discretion at all to judges, to a system under
-which unlimited discretion is left to them in all cases except those
-which are still liable to capital punishment--practically, high
-treason and murder.[37] The study of law, then, must for our purpose
-be supplemented by the study of judicial practice.
-
-[Footnote 37: Stephen, _History of the Criminal Law of England_, ii. 87.]
-
-Laws which represent public opinion are no more than customs safe
-exponents of the moral ideas held by particular members of the
-society. But on the other hand, there are cases in which a law, unlike
-a custom, may express the ideas, or simply the will, of a few, or even
-of {168} a single individual, that is, of the sovereign power only. It
-is obvious that laws imposed upon a barbarous people by civilised
-legislators may differ widely from the people's own ideas of right and
-wrong. For instance, when studying the moral sentiments of the
-Teutonic peoples from their early law-books, we must carefully set
-aside all elements of Roman or Christian origin. At the same time,
-however, it should be remembered that the moral consciousness of a
-people may gradually be brought into harmony with a law originally
-foreign to it. If the law is in advance of public opinion--as Roman
-law undoubtedly was in Teutonic countries--it may raise the views of
-the people up to its own standard by awaking in them dormant
-sentiments, or by teaching them greater discrimination in their
-judgments. And, as has been already noticed, what is forbidden and
-punished may, for the very reason that it is so, come to be regarded
-as wrong and worthy of punishment.
-
-Finally, a law may enjoin or forbid acts which by themselves are
-regarded as indifferent from a moral point of view. This is, for
-instance, the case with the laws which require marriages to be
-celebrated at certain times and places only, and which forbid the
-cultivation of tobacco in England. Jurists divide crimes into _mala in
-se_ and _mala quia prohibita_. The former would be wrong even if they
-were not prohibited by law, the latter are wrong only because they are
-illegal.
-
-A law expresses a rule of duty by making an act or omission which is
-regarded as wrong a crime, that is, by forbidding it under pain of
-punishment. Law does not in all cases directly threaten[38] with
-punishment--I say directly, since all law is coercive, and all
-coercion at some stage involves the possibility of punishment.[39]
-Sanctions, or the consequences by which the sovereign political
-authority threatens to enforce the laws set by it, may {169} have in
-view either the indemnification of the injured party, or the suffering
-of the injurer. In the latter case the sanctions are called
-punishments. But, though highly important, the distinction between
-indemnification and punishment is not absolute. A person who causes
-harm to another would hardly have to pay damages unless some kind of
-guilt or quasi-guilt were imputed to him; and, on the other hand,
-punishment may actually consist in the damages he has to pay.
-Moreover, the suffering involved in punishment must be regarded as a
-kind of indemnification in so far as it is intended to gratify the
-injured party's craving for revenge. The pleasure of vengeance, says
-Bentham, "is a gain; it calls to mind Samson's riddle--it is sweet
-coming out of the terrible, it is honey dropping from the lion's
-mouth."[40] In cases where the injured party is allowed to decide
-whether the injurer shall be punished or not, or what punishment
-(within certain limits) shall be inflicted upon him, it is obvious
-that punishment is largely looked upon as a means of indemnification.
-However, the fact that such a privilege is granted to the injured
-party indicates the existence of some degree of sympathetic resentment
-in the public. Punishment, in all its forms, is essentially an
-expression of indignation in the society which inflicts it.[41] Hence
-it is of extreme importance for the study of moral ideas, and calls
-for our careful consideration.
-
-[Footnote 38: "Not every sovereign can make sure of enforcing his
-commands; and sometimes laws are made without even any great intention
-of enforcing them" (Pollock, _Essays in Jurisprudence and Ethics_,
-p. 9 _sq._).]
-
-[Footnote 39: _Cf._ Stephen, _op. cit._ i. 2.]
-
-[Footnote 40: Bentham, _Theory of Legislation_, p. 309.]
-
-[Footnote 41: "Die Missbilligung ist das Wesentliche aller Strafe"
-(von Bar, _Die Grundlagen des Strafrechts_, p. 4). "La peine consiste
-dans une réaction passionnelle d'intensité graduée" (Durkheim,
-_Division du travail social_, p. 96).]
-
-By punishment I do not understand here every suffering inflicted upon
-an offender in consequence of his offence, but only such suffering as
-is inflicted upon him in a definite way by, or in the name of, the
-society of which he is a permanent or temporary member. This
-definition holds good whatever may be the opinion about the final
-object of punishment. Whether its purpose is, or is supposed to be,
-either reformation, or determent, or retribution, its immediate aim is
-always to cause suffering. {170} We should not call it punishment if
-the reformation of the criminal were attempted, say, by means of
-hypnotism.
-
-It is a common opinion that punishment, in this sense of the word, is
-a social institution of comparatively modern origin, which has sprung
-from, and gradually superseded, the earlier custom of individual or
-family revenge. This opinion may seem plausible to the student of
-European and Eastern law, but, as we shall see, the early history of
-civilised races is apt to give a somewhat erroneous idea of the
-evolution of punishment. Even among savages public indignation
-frequently assumes that definite shape which constitutes the
-difference between punishment and mere condemnation.[42]
-
-[Footnote 42: See Steinmetz, _Ethnologische Studien zur ersten
-Entwicklung der Strafe_, ii. 327 _sqq._; Makarewicz, _Évolution de la
-peine_, _passim_.]
-
-Savage punishment sometimes simply consists in publicly putting the
-offender to shame.
-
-In Greenland the courts of justice were the public assemblies,
-which at the same time supplied the national sports and
-entertainments. Here "nith-songs" were used for settling all sorts of
-crimes or breaches of public order or custom, with the exception of
-those which could only be expiated by death; by means of cutting
-capers and singing, the offender was told of his faults, and the
-opposite virtues were praised to all who were present.[43] The same
-institution is found, with only incidental differences, among several
-other tribes within and beyond the Arctic circle.[44] And, knowing the
-sensitiveness of these peoples, we may assume that the punishment in
-question is by no means lenient. In Greenland "it now and then happens
-that some one or other, wounded, perhaps, by a single word from one of
-his kinsfolk, runs away to the mountains, and is lost for several days
-at least."[45] And Adair, speaking of the public jesting by which
-North American Indians used to punish young people who were guilty of
-petty crimes, says that "they would sooner die by torture, than renew
-their shame by repeating the actions."[46]
-
-[Footnote 43: Rink, _Eskimo Tribes_, p. 24 _sq._ _Idem_, _Greenland_,
-pp. 141, 150. Cranz, _op. cit._ i. 165 _sq._ Holm, 'Ethnologisk Skizze
-af Angmagsalikerne,' in _Meddelelser om Grönland_, p. 87.]
-
-[Footnote 44: Kane, _Arctic Explorations_, ii. 128 _sq._]
-
-[Footnote 45: Nansen, _Eskimo Life_, p. 267 _sq._]
-
-[Footnote 46: Adair, _History of the American Indians_, p. 429 _sq._]
-
-{171} In other instances the community as a whole expresses its
-indignation by inflicting suffering of a more material kind upon the
-culprit.
-
-In certain Australian tribes, when a native for any transgression
-incurs the displeasure of his tribe, custom compels him to "stand
-punishment," as it is called; that is, he stands with a shield at a
-fair distance, while the whole tribe, either simultaneously or in
-rapid succession, cast their spears at him. Their expertness generally
-enables those who are exposed to this trial to escape without serious
-injury, though instances of a fatal result occasionally occur;
-however, there is a certain propriety even in this extraordinary
-punishment, as the accuracy and force with which the weapons are
-thrown will depend very much on the opinion entertained of the
-enormity of the offence.[47] Among the North-West-Central Queensland
-aborigines, though each individual, within certain limits, can do what
-he pleases, "he has to reckon not only with the particular person
-injured, or his relatives, but also, in some cases, with the whole
-camp collectively. Thus the camp as a body, as a camp council, will
-take upon itself to mete out punishment in crimes of murder, incest,
-or the promiscuous use of fighting-implements within the precincts of
-the camping-ground: death, and probably the digging of his own grave,
-awaits the delinquent in the former case, while 'crippling,' generally
-with knives, constitutes the penalty for a violation of the latter."
-Again, if a woman makes herself obnoxious in the camp, especially to
-the female portion of it, she is liable to be set upon and "hammered"
-by her fellow-sisters collectively, the men on such occasions not
-interfering.[48] Among the Bangerang tribe of Victoria, "any one who
-had suffered a wrong complained of it, if at all, at night aloud to
-the camp, which was silent and attentive. Then the accused was heard.
-Afterwards those who chose, men or women, expressed their views on the
-subject; and if general opinion pronounced the grievance a good one,
-the accused accepted the penalty sanctioned by custom."[49] Among
-various tribes in Western Victoria, "should a person, through bad
-conduct, become a constant anxiety and trouble {172} to the tribe, a
-consultation is held, and he is put to death."[50] Among the Mpongwe,
-if a man murders another, he is put to death, not by the nearest of
-kin, but by the whole community, being either drowned or burned
-alive.[51] Among the Hudson Bay Eskimo, "when a person becomes so bad
-in character that the community will no longer tolerate his presence
-he is forbidden to enter the huts, partake of food, or hold any
-intercourse with the rest. Nevertheless, as long as he threatens no
-one's life, but little attention is paid to him. Should he be guilty
-of a murder, several men watch their opportunity to surprise him and
-put him to death, usually by stoning. The executioners make no
-concealment of their action and are supported by public opinion in the
-community."[52]
-
-[Footnote 47: Hale, _U.S. Exploring Expedition. Vol. VI. Ethnography
-and Philology_, p. 114. _Cf._ Eyre, _Journals of Expeditions of
-Discovery into Central Australia_, ii. 388; Collins, _English Colony
-in New South Wales_, i. 586; Brough Smyth, _Aborigines of Victoria_,
-ii. 295.]
-
-[Footnote 48: Roth, _Ethnological Studies among the North-West-Central
-Queensland Aborigines_, pp. 139, 141. Curr, _The Australian Race_,
-i. 61 _sq._]
-
-[Footnote 49: Curr, _Squatting in Victoria_, p. 245.]
-
-[Footnote 50: Dawson, _Australian Aborigines_, p. 76.]
-
-[Footnote 51: Burton, _Two Trips to Gorilla Land_, i. 105.]
-
-[Footnote 52: Turner, 'Ethnology of the Ungava District,' in _Ann.
-Rep. Bur. Ethn._ xi. 186.]
-
-Among various savage peoples expulsion from the tribe is the
-punishment of persons whose conduct excites great public indignation,
-and among others such persons are outlawed.
-
-The Chippewyans, among whom "order is maintained in the tribe
-solely by public opinion," the chief having no power to punish crimes,
-occasionally expel from the society individuals whose conduct is
-exceptionally bad and threatens the general peace.[53] The Salish, or
-flathead Indians, sometimes punished notorious criminals by expulsion
-from the tribe or band to which they belonged.[54] Sir E. F. Im Thurn,
-whilst praising the Indians of Guiana for their admirable morality as
-long as they remain in a state of nature, adds that there are
-exceptions to the rule, and that such individuals "are soon killed or
-driven out from their tribe."[55] Among the Bedouins of the Euphrates,
-"in extreme cases, and as the utmost penalty of the law, the offender
-is turned out of the tribe";[56] and the same is the case among the
-Beni Mzab.[57] In the Scotch Highlands, even to this day, instances
-are common of public opinion operating as a punishment, to the extent
-of forcing individuals into exile.[58] There are cases reported from
-various parts of the savage world of banishment being inflicted as a
-punishment for sexual {173} offences;[59] and other instances of
-expulsion are mentioned by Dr. Steinmetz.[60] In some cases, however,
-expulsion is to be regarded rather as a means of ridding the community
-from a pollution, than as a punishment in the proper sense of the
-term.[61]
-
-[Footnote 53: Richardson, _Arctic Searching Expedition_, ii. 26 _sq._]
-
-[Footnote 54: Hale, _op. cit._ p. 208.]
-
-[Footnote 55: Im Thurn, _Among the Indians of Guiana_, p. 213.]
-
-[Footnote 56: Blunt, _Bedouin Tribes of the Euphrates_, ii. 206.]
-
-[Footnote 57: Chavanne, _Sahara_, p. 315. Tristram, _Great Sahara_,
-p. 207.]
-
-[Footnote 58: Stewart, _Highlanders of Scotland_, p. 380.]
-
-[Footnote 59: Westermarck, _History of Human Marriage_, p. 61
-_sqq._]
-
-[Footnote 60: Steinmetz, _op. cit._ ii. ch. 5.]
-
-[Footnote 61: See _infra_, on Homicide.]
-
-Nearly related to the punishment of expulsion is that of outlawry.
-Von Wrede states that the Bedouins of [H.]adhramaut give a respite of
-three days to the banished man, and that after the lapse of this
-period every member of the tribe is allowed to kill him.[62] Among the
-Wyandots the lowest grade of outlawry consists in a declaration that,
-if the offender shall continue in the commission of crimes similar to
-that of which he has been guilty, it will be lawful for any person to
-kill him, whilst outlawry of the highest degree makes it the duty of
-any member of the tribe who may meet with the offender to kill
-him.[63] Among the ancient Teutons, also, outlawry was originally a
-declaration of war by the commonwealth against an offending member,
-and became only later on a regular means of compelling submission to
-the authority of the courts.[64]
-
-[Footnote 62: von Wrede, _Reise in [H.]adhramaut_, p. 51.]
-
-[Footnote 63: Powell, 'Wyandot Government,' in _Ann. Rep. Bur. Ethn._
-i. 68.]
-
-[Footnote 64: Pollock and Maitland, _History of English Law before the
-time of Edward I._ i. 49.]
-
-Most generally, however, punishment is inflicted upon the culprit, not
-by the whole of the community, but by some person or persons invested
-with judicial authority. Indeed, it is not only civilised races who
-have judges and courts of justice. Among savages and barbarians
-justice is very frequently administered by a council of elders or by a
-chief.[65] Even people of so low a type as the Australian aborigines
-have their tribunals.
-
-[Footnote 65: Petroff, 'Report on Alaska,' in _Tenth Census of the
-United States_, p. 152 (Aleuts). Morgan, _League of the Iroquois_, p.
-330. Powell, in _Ann. Rep. Bur. Ethn._ i. 63, 66 _sq._ (Wyandots).
-_Idem_, 'Sociology,' in _American Anthropologist_, N.S. i. 706 (North
-American tribes). Schoolcraft, _Indian Tribes of the United States_,
-i. 277 (Creeks). von Martius, _Beiträge zur Ethnographie Amerika's_,
-i. 88 (Brazilian Indians). Cook, _Journal of a Voyage round the
-World_, p. 41 (Tahitians). Lister, in _Jour. Anthr. Inst._ xxi. 54
-(Bowditch Islanders). Codrington, _Melanesians_, p. 345 (Solomon
-Islanders). Hunt, in _Jour. Anthr. Inst._ xxviii. 6 (Murray
-Islanders). Kohler, in _Zeitschr. f. vergl. Rechtswiss._ xiv. 448;
-Senfft, in Steinmetz, _Rechtsverhältnisse_, p. 448; Kubary, 'Die
-Ebongruppe im Marshall's Archipel,' in _Journal des Museum Godeffroy_,
-i. 37 (Marshall Islanders). _Idem_, _Ethnographische Beiträge zur
-Kenntniss der Karolinischen Inselgruppe_, p. 73 _sqq._; _Idem_, 'Die
-Palau-Inseln,' in _Journal des Museum Godeffroy_, iv. 42 (Pelew
-Islanders). von Kotzebue, _Voyage of Discovery_, iii. 208 (Caroline
-Islanders). Worcester, _Philippine Islands_, p. 107 (Tagbanuas of
-Palawan). Marsden, _History of Sumatra_, p. 217 (Rejangs). von
-Brenner, _Besuch bei den Kannibalen Sumatras_, p. 211 (Bataks).
-Forbes, _A Naturalist's Wanderings in the Eastern Archipelago_, p. 243
-(Kubus of Sumatra). Man, _Sonthalia_, p. 88 _sq._ Cooper, _Mishmee
-Hills_, p. 238. Macpherson, _Memorials of Service in India_, p. 83
-(Kandhs). Stewart, in _Jour. As. Soc. Bengal_, xxiv. 609, 620 (Nagas,
-Old Kukis). Dalton, _Ethnology of Bengal_, p. 45 (Kukis). Forsyth,
-_Highlands of Central India_, p. 361 (Bygás). Shortt, in _Trans. Ethn.
-Soc._ N.S. vii. 241 (Todas). Batchelor, _Ainu and their Folk-Lore_, p.
-278; von Siebold, _Die Aino auf der Insel Yesso_, p. 34. From Africa a
-great number of instances might be quoted, _e.g._:--Nachtigal, _Sahara
-und Sudan_, i. 449 (Tedâ). Petherick, _Egypt, the Soudan, and Central
-Africa_, p. 320 (Nouaer tribes). Beltrame, _Il Fiume Bianco_, p. 77
-(Shilluk). Laing, _Travels in the Timannee, &c. Countries_, p. 365
-(Soolimas). Mungo Park, _Travels in the Interior of Africa_, p. 15
-_sq._ (Mandingoes). Leuschner, in Steinmetz, _Rechtsverhältnisse_, p.
-22 (Bakwiri). _Ibid._ p. 47 (Banaka and Bapuku). Tellier, _ibid._ p.
-175 (Kreis Kita, in the French Soudan). Bosman, _New Description of
-the Coast of Guinea_, p. 331 (Negroes of Fida). Casati, _Ten Years in
-Equatoria_, p. 158, 163 (Akkas, Mambettu). Stuhlmann, _Mit Emin Pascha
-ins Herz von Africa_, p. 523 (A-l[=u]r). _Emin Pasha in Central
-Africa_, p. 89 (Wanyoro). Baskerville, in Steinmetz, _Rechtsverhältnisse_,
-p. 193 (Waganda). Beverley, _ibid._ p. 214 (Wagogo). Lang, _ibid._ p.
-253 _sqq._ (Washambala). Desoignies, _ibid._ p. 279 _sq._ (Msalala).
-Decle, _Three Years in Savage Africa_, pp. 71, 73, 74, 487 (Barotse,
-Wakamba). Junod, _Les Ba-Ronga_, p. 155 _sq._ Burton, _Zanzibar_, ii.
-94 (Wanika). Holub, _Seven Years in South Africa_, ii. 319 (Marutse).
-Kohler, in _Zeitschr. f. vergl. Rechtswiss._ xiv. 316 (Herero).
-Andersson, _Lake Ngami_, p. 197 (Ovambo). Rautanen, in Steinmetz,
-_Rechtsverhältnisse_, p. 340 (Ondonga). Kolben, _Present State of the
-Cape of Good Hope_, p. 86, 297 (Hottentots). Kohler, in _Zeitschr. f.
-vergl. Rechtswiss._ xv. 333 (Bechuanas). Casalis, _Basutos_, pp. 224,
-226. Maclean, _Compendium of Kafir Laws and Customs_, pp. 35, 110.
-Holden, _Past and Future of the Kaffir Races_, pp. 333, 336. Shooter,
-_Kafirs of Natal_, p. 99 _sq._]
-
-{174} Speaking of the native tribes of Central Australia, Messrs.
-Spencer and Gillen observe:--"Should any man break through the strict
-marriage laws, it is not only an 'impersonal power' which he has to
-deal with. The head men of the group or groups concerned consult
-together with the elder men, and, if the offender, after long
-consultation, be adjudged guilty and the determination be arrived at
-that he is to be put to death--a by no means purely hypothetical
-case--then the same elder men make arrangements to carry the sentence
-out, and a party, which is called an _ininja_, is organised for the
-purpose."[66] We hear of similar councils from various parts of the
-Australian continent. In his description of the aborigines of New
-South Wales, Dr. Fraser states, "The Australian council of old and
-experienced men--this aboriginal senate and witenagemot--has the power
-to decree punishment for tribal offences." The chiefs sit as
-magistrates to decide all cases which are brought before them, such as
-the divulging of sacred things, speaking to a mother-in-law, the
-adultery of a wife; and there is even a {175} tribal executioner. At
-the same time, many grievances are arranged without the intervention
-of the chiefs; for instance, if a man has been found stealing from his
-neighbour, or two men quarrel about a woman, a fight ensues, the one
-or the other gets his head broken, and there the matter ends.[67] The
-Narrinyeri have a judgment council of the elders of the clan, called
-_tendi_, which is presided over by the chief of the clan; and when any
-member of the _tendi_ dies, the surviving members select a suitable
-man from the clan to succeed him. "All offenders are brought to this
-tribunal for trial. In cases of the slaying by a person or persons of
-one clan of the member of another clan in time of peace, the
-fellow-clansmen of the murdered man will send to the friends of the
-murderer and invite them to bring him to trial before the united
-_tendies_. If, after full inquiry, he is found to have committed the
-crime, he will be punished according to the degree of guilt."[68]
-Among another Australian tribe, the Gournditch-mara, again, the
-headman, whose office was hereditary, "settled all quarrels and
-disputes in the tribe. When he had heard both sides, and had given his
-decision in a matter, no one ever disputed it."[69]
-
-[Footnote 66: Spencer and Gillen, _op. cit._ p. 15.]
-
-[Footnote 67: Fraser, _Aborigines of New South Wales_, p. 39.]
-
-[Footnote 68: Taplin, 'Narrinyeri,' in Woods, _Native Tribes of South
-Australia_, p. 34 _sq._]
-
-[Footnote 69: Fison and Howitt, _Kamilaroi and Narrinyeri_, p. 277.]
-
-Among the Australian aborigines, then, we find cases in which
-punishment is inflicted by the whole community, and other cases in
-which it is inflicted by a tribunal or a chief. There can be little
-doubt that the latter system has developed out of the former; there
-are obvious instances of transition from the one to the other. Among
-the North-West-Central Queensland natives, for instance, in cases of
-major offences, such as murder, incest, or physical violence, the old
-men are only said to "influence" aboriginal public opinion.[70] It is
-an inconvenient, and in larger communities a difficult, procedure for
-the whole group to inflict punishments in common, hence the
-administration of justice naturally tends to pass into the hands of
-the leading men or the chief. But the establishment of a judicial
-authority within the society may also have a different origin. Very
-frequently judicial organisation {176} seems to have developed, not
-out of a previous system of lynch-law, but out of a previous system of
-private revenge.
-
-[Footnote 70: Roth, _op. cit._ p. 141.]
-
-An act of individual or family revenge is by itself, of course, an
-expression of private, not of public, feelings--of revenge, not of
-moral indignation. But the case is different with the _custom_ of
-revenge. We shall see in a following chapter that blood-revenge is
-regarded not only as a right, but, very frequently, as a duty
-incumbent upon the relatives of the slain person. So, also, revenge
-may be deemed a duty in cases where there is no blood-guiltiness.
-Among the Australian Geawe-gal tribe, for instance, the offender,
-according to the magnitude of his offence, was to receive one or more
-spears from men who were relatives of the deceased person; or the
-injured man himself, when he had recovered strength, might discharge
-the spears at the offender. And our authority adds, "Obedience to such
-laws was never withheld, but would have been enforced, without doubt,
-if necessary, by the assembled tribe."[71] The obligatory character of
-revenge implies that its omission is disapproved of. It is of course
-the man on whom the duty of vengeance is incumbent that is the
-immediate object of blame, when this duty is omitted; and the blame
-may partly be due to contempt, especially when there is a suspicion of
-cowardice. But behind the public censure there is obviously a desire
-to see the injurer suffer. Instances may be quoted in which the
-society actually assists the avenger, in some way or other, in
-attaining his object. Speaking of the Fuegians, M. Hyades
-observes:--"Nous avons entendu parler d'individus coupables de meurtre
-sur leur femme, par exemple, et qui, poursuivis par tout un groupe de
-familles, finissaient, quelquefois un an ou deux après leur crime, par
-tomber sous les coups des parents de la victime. Il s'agit là plutôt
-d'un acte de justice que d'une satisfaction de vengeance. Nous devons
-faire remarquer en outre que, dans ces cas, le meurtrier est abandonné
-de tous, et qu'il ne peut se soustraire que pendant un temps {177}
-relativement assez court au châtiment qui le menace."[72] Amongst the
-Central Eskimo, who have "no punishment for transgressors except the
-blood vengeance," a man has committed a murder or made himself odious
-by other outrages, "he may be killed by any one simply as a matter of
-justice. The man who intends to take revenge on him must ask his
-countrymen singly if each agrees in the opinion that the offender is a
-bad man deserving death. If all answer in the affirmative he may kill
-the man thus condemned, and no one is allowed to revenge the
-murder."[73] Among the Greenlanders, in cases of extreme atrocity, the
-men of a village have been known to make common cause against a
-murderer, and kill him, though it otherwise is the business of the
-nearest relatives to take revenge.[74] It is also noteworthy that,
-among the crimes which in savage communities are punished by the
-community at large, incest is particularly prominent. The chief reason
-for this I take to be the absence of an individual naturally
-designated as the avenger.
-
-[Footnote 71: Fison and Howitt, _op. cit._ p. 282.]
-
-[Footnote 72: Hyades and Deniker, _Mission scientifique du Cap Horn_,
-vii. 240 _sq._]
-
-[Footnote 73: Boas, 'Central Eskimo,' in _Ann. Rep. Bur. Ethn._ vi. 582.]
-
-[Footnote 74: Nansen, _Eskimo Life_, p. 163.]
-
-Thus public indignation displays itself not only in punishment, but,
-to a certain extent, in the custom of revenge. In both cases the
-society desires that the offender shall suffer for his deed. Strictly
-speaking, the relationship between the custom of revenge and
-punishment is not, as has been often supposed, that between parent and
-child. It is a collateral relationship. They have a common ancestor,
-the feeling of public resentment.
-
-But whilst public opinion demands that vengeance shall be exacted for
-injuries, it is also operative in another way. Though in some cases
-the resentment may seem to outsiders to be too weak or too much
-checked by other impulses, it may in other cases appear unduly great.
-As a matter of fact, we frequently find the practice of revenge being
-regulated by a rule which requires equivalence between the injury and
-the suffering inflicted in return for {178} it. Sometimes this rule
-demands that only one life shall be taken for one;[75] sometimes that
-a death shall be avenged on a person of the same rank, sex, or age as
-the deceased;[76] sometimes that a murderer shall die in the same
-manner as his victim;[77] sometimes that various kinds of injuries
-shall be retaliated by the infliction of similar injuries on the
-offender.[78] This strict equivalence is not characteristic of
-resentment as such.[79] There is undoubtedly a certain proportion
-between the pain-stimulus and the reaction; other things being equal,
-resentment increases in intensity along with the pain by which it is
-excited. The more a person feels offended, the greater is his desire
-to retaliate by inflicting counter-pain, and the greater is the pain
-which he desires to inflict. But resentment involves no accurate
-balancing of suffering against suffering, hence there may be a crying
-disproportion between the act of revenge and the injury evoking
-it.[80] As Sir Thomas Browne observes, a revengeful mind "holds no
-rule in retaliations, requiring too often a head for a tooth, and the
-supreme revenge for trespasses, which a night's rest should
-obliterate."[81] If, then, the rule of {179} equivalence is not
-suggested by resentment itself, this rule must be due to other
-factors, which intermingle with resentment, and help, with it, to
-determine the action. One of these factors, I believe, is
-self-regarding pride, the desire to pull down the humiliating
-arrogance of the aggressor naturally suggesting the idea of paying him
-back in his own coin; and it seems probable that the natural
-disposition to imitate, especially in cases of sudden anger, acts in
-the same direction. But besides this qualitative equivalence between
-injury and retaliation, the _lex talionis_ requires, in a rough way,
-quantitative equivalence, and this demand has no doubt a social
-origin. If the offender is a person with whose feelings men are ready
-to sympathise, their sympathy will keep the desire to see him suffer
-within certain limits; and if, under ordinary circumstances, they tend
-to sympathise equally with both parties, the injurer and the person
-injured, and, in consequence, confer upon these equal rights, they
-will demand a retaliation which is only equal in degree to the
-offence. By suffering a loss the offender compensates, as it were, for
-the loss which he has inflicted; and when equal regard is paid to his
-feelings and to those of his victim, it is deemed just that the loss
-required of him as a compensation should be equivalent to the loss for
-which he compensates, anything beyond equivalence being regarded as
-undeserved suffering. If this explanation is correct, the rule of
-equivalence must originally have been restricted to offences within
-the social group; for, according to early custom and law, only members
-of the same society have equal rights. In speaking of the tit-for-tat
-system prevalent among the Guiana Indians, Sir E. F. Im Thurn
-expressly says, "Of course all this refers chiefly to the mutual
-relations of members of the same tribe."[82] And when we find savages
-acting according to the same principle in their relations to other
-tribes, the reason for this may be sought partly in the strong hold
-which that principle has taken of their minds, and partly in the
-dangers accompanying intertribal revenge, {180} which make it
-desirable to restrict it within reasonable limits.
-
-[Footnote 75: Krause, _Tlinkit-Indianer_, p. 245 _sq._ Macfie,
-_Vancouver Island and British Columbia_, p. 470. Foreman, _Philippine
-Islands_, p. 213 (Negrito and Igorrote tribes in the province of La
-Isabela). Low, _Sarawak_, p. 212 (Dyaks). von Langsdorf, _Voyages and
-Travels_, i. 132 (Nukahivans).]
-
-[Footnote 76: Jagor, _Travels in the Philippines_, p. 213 (Igorrotes).
-Blumentritt, quoted by Spencer, _Principles of Ethics_, i. 370 _sq._
-(Quianganes of Luzon). Munzinger, _Ostafrikanische Studien_, p. 243
-(Marea). _Koran_, ii. 173.]
-
-[Footnote 77: von Martius, _op. cit._ i. 129 (Brazilian Indians).
-Wallace, _Travels on the Amazon_, p. 499 (Uaupés). Schoolcraft,
-_Indian Tribes of the United States_, iii. 246 (Dacotahs). Steller,
-_Kamtschatka_, p. 355; Hickson, _A Naturalist in North Celebes_, p.
-198 (Sangirese of Manganitu). Fraser, _Journal of a Tour through Part
-of the Him[=a]l[=a] Mountains_, p. 339 (Butias). Ellis, _History of
-Madagascar_, i. 371. Munzinger, _op. cit._ p. 502 (Barea and Kunáma).
-de Abreu, _Canary Islands_, p. 27 (aborigines of Ferro).]
-
-[Footnote 78: Im Thurn, _op. cit._ p. 213 _sq._ (Guiana Indians).
-_Glimpses of the Eastern Archipelago_, p. 86 (Bataks). Arbousset and
-Daumas, _Tour to the North-East of the Colony of Good Hope_, p. 67
-(Mantetis). Munzinger, _op. cit._ p. 502 (Barea and Kunáma). Post,
-_Afrikanische Jurisprudenz_, p. 27 (various other African peoples), de
-Abreu, _op. cit._ p. 71 (aborigines, of Gran Canaria).]
-
-[Footnote 79: _Cf._ Tissot, _Le droit pénal_, i. 226; Steinmetz,
-_Ethnol. Studien zur ersten Entwicklung der Strafe_, i. 401;
-Makarewicz, _op. cit._ p. 13.]
-
-[Footnote 80: von Martius, _op. cit._ i. 128 (Brazilian aborigines).
-Calder, in _Jour. Anthr. Inst._ iii. 21 (Tasmanians). Forbes, _A
-Naturalist's Wanderings in the Eastern Archipelago_, p. 473
-(Timorese). Sarasin, _Forschungen auf Ceylon_, iii. 539 (Veddahs).
-Jacob, _Das Leben der vorislâmischen Beduinen_, p. 144 _sq._]
-
-[Footnote 81: Browne, _Christian Morals_, iii. 12, p. 94.]
-
-[Footnote 82: Im Thurn, _op. cit._ p. 214.]
-
-The regulations to which the practice of revenge is subject, help us
-to understand the transition from revenge to punishment, and the
-establishment of a special judicial authority. As long as retaliation
-is in the hands of private individuals, there is no guarantee, on the
-one hand, that the offender will have to suffer, on the other hand,
-that the act of retaliation will be sufficiently discriminate.
-
-The injured party may be too weak, or otherwise unable, to avenge
-himself. His readiest course, then, is to appeal to the chief for
-help. The chief, on his part, has an interest in interfering--he may
-of course expect a handsome reward for his assistance,[83]--and, in so
-far as the community at large wishes that the offender shall suffer,
-the chief may even be bound to interfere. Thus in the Sandwich
-Islands, the family or the friends of an injured person--who in cases
-of assault or murder were by common consent justified in taking
-revenge--used to appeal to the chief of the district or to the king,
-when they were too weak to attack the offender themselves.[84] Among
-the Wanyoro, according to Emin Pasha, should the murderer escape, the
-nearest relatives of the murdered man apply to the chief of the tribe
-to procure the punishment of the culprit.[85] The Indians of Brazil,
-when offended, sometimes bring their cause before the chief; but they
-do it seldom, since they consider it disgraceful for a man not to be
-able to avenge himself.[86] The judicial authority granted to the
-Basuto chief "also insures justice to foreigners, and to individuals
-who, having no relations, are deprived of their natural defenders and
-avengers."[87] In ancient Greece, in early times, special care was
-taken by the State for the protection of the weak and helpless, who
-otherwise had been unavenged.[88] In the Middle Ages, the {181} poor
-and the weak were placed under the King's protection; the intervention
-of royal justice, as Du Boys observes, "apparaissait comme un bienfait
-pour les faibles et un secours pour les opprimés."[89]
-
-[Footnote 83: Steinmetz, _Rechtsverhältnisse_, p. 311. _Cf._ Brunner,
-_Deutsche Rechtsgeschichte_, i. 165.]
-
-[Footnote 84: Ellis, _Tour through Hawaii_, p. 429.]
-
-[Footnote 85: _Emin Pasha in Central Africa_, p. 86.]
-
-[Footnote 86: von Martius, _op. cit._ i. 132.]
-
-[Footnote 87: Casalis, _op. cit._ p. 226.]
-
-[Footnote 88: Leist, _Græco-italische Rechtsgeschichte_, p. 372.]
-
-[Footnote 89: **Du Boys, _Histoire du droit criminel de l'Espagne_,
-p. 237.]
-
-Whilst resentment on behalf of injuries inflicted upon persons who are
-unable to avenge themselves has thus, to some extent, contributed
-towards the establishment of a central judicial and executive
-authority, the sympathy naturally felt for the object of an improper
-and immoderate revenge undoubtedly tended to bring about a similar
-result. The same feeling which checked indiscriminate revenge by
-establishing the rule of strict equivalence, restricted it once more,
-and in a more effective way, by referring the case to a judge who was
-less partial, and more discriminate, than the sufferer himself or his
-friends. Speaking of the feuds of the Teutons, Kemble remarks,
-"Setting aside the loss to the whole community which may arise from
-private feud, the moral sense of men may be shocked by its results: an
-individual's own estimate of the satisfaction necessary to atone for
-the injury done to him, may lead to the commission of a wrong on his
-part, greater than any he hath suffered; nor can the strict rule of
-'an eye for an eye, and a tooth for a tooth,' be applied where the
-exaction of the penalty depends upon the measure of force between
-appellant and defender."[90] In the Island of Bali the judge steps in
-between the prosecutor and the person whom he pursues, "so as to
-restrain the indiscriminate animosity of the one, and to determine the
-criminality of the other."[91] Crawfurd, in his account of native
-customs in the Malay Archipelago, says that "the law even expressly
-interdicts all interference when there appears a character of fairness
-in the quarrel."[92] A Karen, we are told, always thinks himself right
-in taking the law into his own hands, this being the custom of the
-country, and "he is never interfered with, unless he is guilty of some
-{182} act contrary to Karen ideas of propriety, when the elders and
-the villagers interfere and exercise a check upon him."[93] Among the
-Basutos the authority of the chief is stated to be "sufficiently
-respected to protect criminated persons, until their cases have been
-lawfully examined."[94] Among the Californian Gallinomero the avenger
-of blood has his option between money and the murderer's life; "but he
-does not seem to be allowed to wreak on him a personal and
-irresponsible vengeance," the chief taking the criminal and executing
-the punishment.[95]
-
-[Footnote 90: Kemble, _Saxons in England_, i. 268 _sq._]
-
-[Footnote 91: Raffles, _History of Java_, ii. p. ccxxxvii.]
-
-[Footnote 92: Crawfurd, _History of the Indian Archipelago_, iii. 120.]
-
-[Footnote 93: Mason, in _Jour. Asiatic Soc. Bengal_, xxxvii. pt. li.
-145. _Cf._ MacMahon, _Far Cathay and Farther India_, p. 188.]
-
-[Footnote 94: Casalis, _op. cit._ p. 226.]
-
-[Footnote 95: Powers, _Tribes of California_, p. 177.]
-
-Besides the desire that the offender shall suffer and the desire that
-his suffering shall correspond to his guilt, there is a third factor
-of importance which has contributed to the substitution of punishment
-for revenge and to the rise of a judicial organisation. For every
-society it is a matter of great consequence that there should be peace
-between its various members. Though the system of revenge helps to
-keep down crime,[96] it also has a tendency to cause disturbance and
-destruction. Any act of vengeance which goes beyond the limits fixed
-by custom is apt to call forth retaliation in return. Among the
-Ossetes, says Baron von Haxthausen, "if the retaliation does not
-exceed the original injury the affair terminates; but if the wound
-given is greater than the one received, the feud begins afresh from
-the other side."[97] The custom of blood-revenge certainly does not
-imply that the avenger of unjustifiable homicide may himself be a
-proper object of retaliation;[98] but in the absence of a tribunal it
-may be {183} no easy thing to decide the question of guilt, and,
-besides, the dictate of custom may be overruled by passion. As a
-matter of fact, the blood-feud often consists of a whole series of
-murders, the revenge itself calling forth a new act of redress, and so
-on, until the state or hostility may become more or less
-permanent.[99] In the long run this will prove injurious both to the
-families implicated in the feud and to society as a whole, and some
-method of putting a stop to the feud will readily be adopted. One such
-method is to substitute the payment of blood-money for revenge;
-another is to submit the cause to an authority invested with
-judicatory power. Casalis tells us that the Basutos are often heard to
-say, "If we were to revenge ourselves, the town or community would
-soon be dispersed"; and he adds that the instinctive fear of the
-disorders that might arise from the exercise of individual law has
-induced them to allow the chief of the tribe a certain right over the
-person of every member of the community.[100]
-
-[Footnote 96: Taylor, _Te Ika a Maui_, p. 96 (Maori). Im Thurn, _op.
-cit._ pp. 213, 330 (Guiana Indians). Burckhardt, _Bedouins and
-Wahábys_, p. 84, _sq._; Blunt, _Bedouins of the Euphrates_, ii. 207;
-Layard, _Discoveries in the Ruins of Nineveh and Babylon_, p. 305
-_sq._ (Bedouins). Kohl, _Reise nach Istrien_, i. 409 _sq._
-(Montenegrines). Stephen, _History of the Criminal Law of England_, i.
-60 (Anglo-Saxons). Nordström, _Svenska samhälls-författningens
-historia_, ii. 228 (ancient Scandinavians). Steinmetz, _Ethnol.
-Studien zur ersten Entwicklung der Strafe_, ii. 125 _sqq._]
-
-[Footnote 97: von Haxthausen, _Transcaucasia_, p. 411.]
-
-[Footnote 98: Among the aborigines of Western Victoria, when life has
-been taken for life, the feud is ended (Dawson, _op. cit._ p. 70).
-Among the Greenlanders, if the victim of revenge "be a notorious
-offender, or hated for his bloody deeds, or if he have no relations,
-the matter rests"; but more frequently the act of vengeance costs the
-avenger himself his life (Cranz, _op. cit._ i. 178). Among the
-Bedouins, "if the family of the man killed should in revenge kill two
-of the homicide's family, the latter retaliate by the death of one. If
-one only be killed, the affair rests there and all is quiet; but the
-quarrel is soon revived by hatred and revenge" (Burckhardt, _Bedouins
-and Wahábys_, p. 86). In his book, _Das Leben der vorislâmischen
-Beduinen_, Dr. Jacob likewise observes (p. 144):--"Irrtümlich ist die
-Ansicht, dass Blut immer neues Blut fordere. Was für einen Getödteten
-ein Anderer erschlagen, so galt die Sache in der Regel damit für
-erledigt und abgetan." _Cf._ Achelis, _Moderne Völkerkunde_, p. 407,
-n. 1.]
-
-[Footnote 99: Nelson, 'Eskimo about Bering Strait,' in _Ann. Rep. Bur.
-Ethn._ xviii. 293. Miklosich. 'Blutrache bei den Slaven,' in
-_Denkschriften d. kaiserl. Akademie d. Wissensch. Phil.-hist. Classe_,
-Vienna, xxxvi. 132; &c.]
-
-[Footnote 100: Casalis, _op. cit._ p. 225. _Cf._ Boyle, _Adventures
-among the Dyaks of Borneo_, p. 217; Marsden, _op. cit._ p. 249 _sq._
-(Rejangs).]
-
-As may be expected, it is only by slow degrees that revenge has
-yielded to punishment, and the private avenger has been succeeded by
-the judge and the public executioner of his sentence. Among many
-savages the chief is said to have nothing whatever to do with
-jurisdiction.[101] Among {184} others he acts merely as an adviser, or
-is appealed to as an arbiter;[102] or the injured party may choose
-between avenging himself and appealing to the chief for redress;[103]
-or the judicial power with which the chief is invested is stated to be
-more nominal than real.[104] It is also interesting to note that in
-several cases the injured party or the accuser acts as executioner,
-but not as judge.
-
-[Footnote 101: Keating, _Expedition to the Source of St. Peter's
-River_, i. 123 (Potawatomis). Richardson, _Arctic Searching
-Expedition_, ii. 27 (Chippewyans), Carver, _Travels_, p. 259
-(Naudowessies). Dobrizhoffer, _Account of the Abipones_, ii. 163; &c.]
-
-[Footnote 102: Lewis and Clarke, _Travels to the Source of the
-Missouri River_, p. 306 _sq._ (Shoshones). Powers, _Tribes of
-California_, p. 45 (Karok and Yurok). Dunbar, 'Pawnee Indians' in
-_Magazine of American History_, iv. 261. Arbousset and Daumas, _op.
-cit._ p. 67 (Mantetis). Ellis, _Yoruba-speaking Peoples of the Slave
-Coast_, p. 300 (Tshi- and E[(w]e-speaking peoples of the African West
-Coast). Burckhardt, _Bedouins and Wahábys_, pp. 68, 70. Blunt, _op.
-cit._ ii. 232 _sq._ (Bedouins of the Euphrates). von Haxthausen,
-_Transcaucasia_, p. 415 (Ossetes).]
-
-[Footnote 103: Ellis, _Tour through Hawaii_, p. 429. Williams and
-Calvert, _Fiji and the Fijians_, p. 23. Forbes, _A Naturalist's
-Wanderings in the Eastern Archipelago_, p. 473 (Timorese).]
-
-[Footnote 104: Falkner, _Description of Patagonia_, p. 123. Anderson,
-_Lake Ngami_, p. 231 (Damaras).]
-
-Thus among some Australian tribes, "a man accused of a serious
-offence gets a month's citation to appear before the tribunal, on pain
-of death if he disobeys. If he is found guilty of a private wrong, he
-is painted white, and made to stand out at fifty paces in front of the
-accuser and his friends, all fully armed. They throw at him a shower
-of spears and 'bumarangs,' from which he protects himself with a light
-shield."[105] Among the Aricara Indians of the Missouri, who, for the
-most part, punish murder with death, the nearest relative of the
-murdered man was deputed by the council to act the part of
-executioner.[106] With reference to the natives of Bali, Raffles says
-that "in the execution of the punishment awarded by the court there is
-this peculiarity, that the aggrieved party or his friends are
-appointed to inflict it."[107] In some parts of Afghanistan, "if the
-offended party complains to the Sirdar, or if _he_ hears of a murder
-committed, he first endeavours to bring about a compromise, by
-offering the Khoon Behau, or price of blood; but if the injured party
-is inexorable, the Sirdar lays the affair before the King, who orders
-the Cauzy to try it; and, if the criminal is convicted, gives him up
-to be executed by the relations of the deceased."[108] Among the
-peoples round Lake Nyassa and Tanganyika and among the Bantu tribes
-generally, "when a murderer is caught and proved guilty he is given
-over {185} to the relatives of the person murdered, who have power to
-dispose of him as they choose."[109] A similar practice prevails among
-the Mishmis,[110] Bataks,[111] and Kamchadales.[112] It was also
-recognised by early Slavonic,[113] Teutonic, and English codes.[114]
-According to the provisions of a code granted so late as 1231, by the
-Abbey of St. Bertin to the town of Arques, when a man was convicted of
-intentional homicide, he was handed over to the family of the murdered
-person, to be slain by them.[115]
-
-[Footnote 105: Fraser, _Aborigines of New South Wales_, p. 40 _sq._]
-
-[Footnote 106: Bradbury, _Travels in the Interior of America_, p. 168.]
-
-[Footnote 107: Raffles, _op. cit._ ii. p. ccxxxvii.]
-
-[Footnote 108: Elphinstone, _Kingdom of Caubul_, ii. 105 _sq._]
-
-[Footnote 109: Macdonald, in _Jour. Anthr. Inst._ xxii. 108.]
-
-[Footnote 110: Cooper, _Mishmee Hills_, p. 238.]
-
-[Footnote 111: von Brenner, _op. cit._ p. 212.]
-
-[Footnote 112: Georgi, _Russia_, iii. 137.]
-
-[Footnote 113: Macieiowski, _Slavische Rechtsgeschichte_, ii. 127.]
-
-[Footnote 114: Wilda, _Strafrecht der Germanen_, p. 167. _Lex Salica_,
-68. _Laws of Cnut_, i. 53. _Leges Henrici I._ lxxi. 1.]
-
-[Footnote 115: _Leges villæ de Arkes ab abbate S. Bertini concessæ_,
-28 (d'Achery, _Spicilegium_, iii. 608).]
-
-But although, in innumerable cases, punishment and judicial
-organisation have succeeded a previous system of revenge, and thus are
-products of social development, their existence or non-existence among
-a certain people is no exact index to the general state of culture
-which that people has attained. Even among low savages we have noticed
-instances of punishments which are inflicted by the community as a
-whole, as also by special judicial authorities. On the other hand, we
-are taught by the history of European and Oriental nations, that the
-system of revenge is not inconsistent with a comparatively high degree
-of culture.[116] We can now see the reason for this apparent anomaly.
-In a small savage community, all the members of which are closely
-united with each other, an injury inflicted upon one is readily felt
-by all. The case may be different in a State consisting of
-loosely-connected social components, which, though forming a political
-unity, have little communication between themselves, and take no
-interest in each other's private dealings. And, whilst in the smaller
-society public resentment is thus more easily aroused, such a society
-also stands in more urgent need of internal peace.
-
-[Footnote 116: See _infra_, on Blood-revenge.]
-
-       *       *       *       *       *
-
-Our assumption that punishment is, in the main, an expression of
-public indignation, is opposed to another theory, according to which
-the chief object of punishment, not only ought to be, but actually is,
-or has been, {186} to prevent crime by deterring people from
-committing it. We are even told that punishment, inflicted for such a
-purpose, is, largely, at the root of the moral consciousness; that
-punishment is not the result of a sense of justice, but that the sense
-of justice is a result of punishment; that, by being punished by the
-State, certain acts gradually came to be regarded as worthy of
-punishment, in other words, as morally wrong.[117]
-
-[Footnote 117: Rée, _Ursprung der moralischen Empfindungen_, p. 45
-_sqq._ _Idem_, _Entstehung des Gewissens_, p. 190 _sqq._]
-
-There are certain facts which seem to support the supposition that
-punishment has, to a large extent, been intended to act as a
-deterrent. We find that among various semi-civilised and civilised
-peoples the criminal law has assumed a severity which far surpasses
-the rigour of the _lex talionis_.
-
-Speaking of the Azteks, Mr. Bancroft observes that "the greater
-part of their code might, like Draco's, have been written in blood--so
-severe were the penalties inflicted for crimes that were comparatively
-slight, and so brutal and bloody were the ways of carrying those
-punishments into execution."[118] The punishment of death was
-inflicted on the man who dressed himself like a woman, on the woman
-who dressed herself like a man,[119] on tutors who did not give a good
-account of the estates of their pupils,[120] on those who carried off,
-or changed, the boundaries placed in the fields by public
-authority;[121] and should an adulterer endeavour to save himself by
-killing the injured husband, his fate was to be roasted alive before a
-slow fire, his body being basted with salt and water that death might
-not come to his relief too soon.[122] Nor did the ancient Peruvian
-code economise human suffering by proportioning penalties to crimes;
-the punishment most commonly prescribed by it was death.[123] The
-penal code of China, though less cruel in various respects than the
-European legislation of the eighteenth century, awards death for a
-third and aggravated theft, for defacing the branding inflicted for
-former offences,[124] and for privately casting copper coin;[125]
-whilst for the commission of the most heinous crimes {187} the penalty
-is "to be cut into ten thousand pieces," which appears to amount, at
-least, to a license to the executioner to aggravate and prolong the
-sufferings of the criminal by any species of cruelty he may think
-proper to inflict.[126] In Japan, before the revolution of 1871, "the
-punishments for crime had been both rigorous and cruel; death was the
-usual punishment, and death accompanied by tortures was the penalty
-for aggravated crimes.[127] According to the Mosaic law, death is
-inflicted for such offences as breach of the Lord's day,[128] going to
-wizards,[129] eating the fat of a beast of sacrifice,[130] eating
-blood,[131] approaching unto a woman "as long as she is put apart for
-her uncleanness,"[132] and various kinds of sexual offences.[133] The
-laws of Manu provide capital punishment for those who forge royal
-edicts and corrupt royal ministers;[134] for those who break into a
-royal store-house, an armoury, or a temple, and those who steal
-elephants, horses, or chariots;[135] for thieves who are taken with
-the stolen goods and the implements of burglary;[136] for cut-purses
-on the third conviction;[137] whilst a wife, who, proud of the
-greatness of her relatives or her own excellence, violates the duty
-which she owes to her lord, shall be devoured by dogs in a place
-frequented by many, and the male offender shall be burnt on a red-hot
-iron bed.[138]
-
-[Footnote 118: Bancroft, _Native Races of the Pacific States_, ii. 454.]
-
-[Footnote 119: Clavigero, _History of Mexico_, i. 358.]
-
-[Footnote 120: _Ibid._ i. 359.]
-
-[Footnote 121: _Ibid._ i. 355.]
-
-[Footnote 122: Bancroft, _op. cit._ ii. 465 _sq._]
-
-[Footnote 123: Garcilasso de la Vega, _First Part of the Royal
-Commentaries of the Yncas_, i. 145, 151 _sq._]
-
-[Footnote 124: Wells Williams, _Middle Kingdom_, i. 512.]
-
-[Footnote 125: _Ta Tsing Leu Lee_, sec. ccclix. p. 397.]
-
-[Footnote 126: _Ibid._ sec. ccliv. p. 269 n. [dagger]]
-
-[Footnote 127: Reed, _Japan_, i. 323. Thunberg, _Travels_, iv. 65.]
-
-[Footnote 128: _Exodus_, xxxi. 14.]
-
-[Footnote 129: _Leviticus_, xx. 6.]
-
-[Footnote 130: _Ibid._ vii. 25.]
-
-[Footnote 131: _Ibid._ vii. 27.]
-
-[Footnote 132: _Ibid._ xviii. 19.]
-
-[Footnote 133: _Ibid._ xviii. 6 _sqq._]
-
-[Footnote 134: _Laws of Manu_, ix. 232.]
-
-[Footnote 135: _Ibid._ ix. 280.]
-
-[Footnote 136: _Ibid._ ix. 270.]
-
-[Footnote 137: _Ibid._ ix. 277.]
-
-[Footnote 138: _Ibid._ viii. 371 _sq._]
-
-Increasing severity has been a characteristic of European
-legislation up to quite modern times. Towards the end of the
-thirteenth century, the English law knows some seven crimes which it
-treats as capital, namely, treason, homicide, arson, rape, robbery,
-burglary, and grand larceny; but the number of capital offences grew
-rapidly.[139] From the Restoration to the death of George III.--a
-period of 160 years--no less than 187 such offences, wholly different
-in character and degree, were added to the criminal code; and when, in
-1837, the punishment of death was removed from about 200 crimes, it
-was still left applicable to exactly the same offences as were capital
-at the end of the thirteenth century.[140] Pocket-picking was
-punishable with death until the year 1808;[141] horse-stealing,
-cattle-stealing, {188} sheep-stealing, stealing from a dwelling-house,
-and forgery, until 1832;[142] letter-stealing and sacrilege, until
-1835;[143] rape, until 1841;[144] robbery with violence, arson of
-dwelling-houses, and sodomy, until 1861.[145] And not only was human
-life recklessly sacrificed, but the mode of execution was often
-exceedingly cruel. In the beginning of the fifteenth century, the
-_Peine forte et dure_, or pressing to death with every aggravation of
-torture, was adopted as a manner of punishment suitable to cases where
-the accused refused to plead.[146] Burning alive of female offenders
-still occurred in England at the end of the eighteenth century,[147]
-being considered by the framers of the law as a commutation of the
-sentence of hanging required by decency.[148] Still more cruel was the
-punishment inflicted on male traitors: they were first hanged by the
-neck and cut down before life was extinct, their entrails were taken
-out and burned before their face, then they were beheaded and
-quartered, and the quarters were set up in diverse places.[149] This
-punishment continued to exist in England as late as in the reign of
-George III., and even then Sir Samuel Romilly, the great agitator
-against its continuance, brought upon himself the odium of the law
-officers of the Crown, who declared that he was "breaking down the
-bulwarks of the Constitution."[150] Such cruelties were not peculiar
-to the English. On the contrary, as Sir James Stephen observes, though
-English people, as a rule, have been singularly reckless about taking
-life, they have usually been averse to the infliction of death by
-torture.[151] In various parts of the Continent we find such
-punishments as breaking on the wheel, quartering alive, and tearing
-with red-hot pincers, in use down to the end of the eighteenth
-century.
-
-[Footnote 139: Pollock and Maitland, _op. cit._ ii. 511.]
-
-[Footnote 140: May, _Constitutional History of England_, ii. 595.
-Mackenzie, _Studies in Roman Law_, p. 424 _sq._]
-
-[Footnote 141: Pike, _History of Crime in England_, ii. 450.]
-
-[Footnote 142: _Ibid._ ii. 451. Stephen, _History of the Criminal Law
-of England_, i. 474.]
-
-[Footnote 143: Pike, _op. cit._ ii. 451. Stephen, _op. cit._ i. 474.]
-
-[Footnote 144: Stephen, _op. cit._ i. 475.]
-
-[Footnote 145: _Ibid._ i. 475.]
-
-[Footnote 146: For the manner in which this torture was inflicted, see
-Andrews, _Old-Time Punishments_, p. 203 _sq._]
-
-[Footnote 147: _Ibid._ p. 198. Stephen, _op. cit._ i. 477.]
-
-[Footnote 148: Andrews, _op. cit._ p. 192.]
-
-[Footnote 149: Holinshed, _Chronicles of England, &c._ i. 310. Thomas
-Smith, _Commonwealth of England_, p. 198.]
-
-[Footnote 150: Andrews, _op. cit._ p. 203. An earlier method of
-punishing traitors was boiling to death, which was adopted by Henry
-VIII. as a punishment for poisoners as well (Holinshed, _op. cit._
-i. 311).]
-
-[Footnote 151: Stephen, _op. cit._ i. 478. _Cf._ Thomas Smith, _op.
-cit._ p. 193 _sq._]
-
-It is interesting to compare these punishments with those practised
-among savages. Wanton cruelty is not a general characteristic of their
-public justice.
-
-{189} Among several uncivilised peoples capital punishment is said
-to be unknown or almost so.[152] Among others it is restricted to a
-few particularly atrocious offences. Among the Greenlanders "none are
-put to death but murderers, and such witches as are thought to have
-killed some one by their art."[153] The Aleuts punished with death
-murderers and betrayers of community secrets.[154] In Samoa and New
-Guinea murder and adultery are punished capitally;[155] among the
-Bataks, open robbery and murder, provided that the offender is unable
-to redeem his life by a sum of money;[156] among the Kukis, only
-treason or an attempt at violence on the person of the King.[157]
-Among the Mishmis, adultery committed against the consent of the
-husband is punished with death, but all other crimes, including
-murder, are punished by fines; however if the amount is not
-forthcoming the offender is cut up by the company assembled.[158] In
-Kar Nicobar the only cause for a "death penalty" that Mr. Distant
-could discover was madness.[159] Among the Soolimas "murder is the
-only crime punishable with death."[160] Among the Congo natives "the
-only capital crimes are stated to be those of poisoning and
-adultery."[161] Of the kingdom of Fida Bosman writes, "Here are very
-few capital crimes, which are only murthers, and committing adultery
-with the King's or his great men's wives."[162] Among the Wanika two
-crimes are visited with capital punishment--murder and an improper use
-of sorcery;[163] among the Wagogo[164] and Washambala,[165] witchcraft
-only. Among the Basutos every murderer is by law liable to death, but
-the sentence is generally commuted into confiscation; an incorrigible
-thief sometimes pays with his head, but is generally fined, whereas
-treason and rebellion against authority are treated with more
-severity.[166] Among the Kafirs, cases of assault on the persons of
-wives of the chiefs, {190} and what are deemed aggravated cases of
-witchcraft, are the only crimes which usually involve the punishment
-of death, very summarily inflicted; whereas this punishment seldom
-follows even murder, when committed without the supposed aid of
-supernatural powers.[167]
-
-[Footnote 152: von Siebold, _Ethnol. Studien über die Aino auf Yesso_,
-p. 35; Batchelor, _Ainu and their Folk-Lore_, p. 284. Dalton, _op.
-cit._ p. 115 (Kakhyens). Marsden, _op. cit._ p. 248 (Rejangs of
-Sumatra). Riedel, _De sluik- en kroesharige rassen tusschen Selebes en
-Papua_, p. 103 (Serangese). Worcester, _op. cit._ pp. 413, 492
-(Mangyans and Tagbanuas). Kubary, 'Die Palau-Inseln,' in _Journal des
-Museum Godeffroy_, iv. 42 (Pelew Islanders). de Abreu, _op. cit._
-p. 152 (Canary Islanders). Frisch, _Die Eingeborenen Süd-Afrika's_,
-p. 322 (Hottentots).]
-
-[Footnote 153: Cranz, _op. cit._ i. 177.]
-
-[Footnote 154: Petroff, _loc. cit._ p. 152.]
-
-[Footnote 155: Turner, _Samoa_, p. 178. Chalmers, _Pioneering in New
-Guinea_, p. 179.]
-
-[Footnote 156: Marsden, _op. cit._ p. 389.]
-
-[Footnote 157: Dalton, _op. cit._ p. 45. Stewart, in _Jour. As. Soc.
-Bengal_, xxiv. p. 627.]
-
-[Footnote 158: Griffith, _ibid._ vi. 332.]
-
-[Footnote 159: Distant, in _Jour. Anthr. Inst._ iii. 6.]
-
-[Footnote 160: Laing, _Travels_, p. 365.]
-
-[Footnote 161: Tucker, _Expedition to Explore the River Zaire_, p. 383.]
-
-[Footnote 162: Bosman, _op. cit._ p. 331.]
-
-[Footnote 163: New, _op. cit._ p. 111.]
-
-[Footnote 164: Beverley, in Steinmetz, _Rechtsverhältnisse_, p. 215.]
-
-[Footnote 165: Lang, _ibid._ p. 259.]
-
-[Footnote 166: Casalis, _op. cit._ p. 228.]
-
-[Footnote 167: Maclean, _Compendium of Kafir Laws and Customs_,
-p. 35 _sq._]
-
-Nor, as it seems, is savage justice fond of torturing its victims
-before they are killed. The Maoris exclaimed loudly against the
-English method of executing criminals, first telling them that they
-are to die, then letting them lie for days and nights in prison, and
-finally leading them slowly to the gallows. "If a man commits a crime
-worthy of death," they said, "we shoot him, or chop off his head; but
-we do not tell him first that we are going to do so."[168] Dr.
-Codrington gives the following description of the cases of burning
-persons alive which have occasionally happened in Pentecost
-Island:--"In fighting time there, if a great man were very angry with
-the hostile party, he would burn a wounded enemy. When peace had been
-made and the chiefs had ordered all to behave well that the country
-might settle down in quiet, if any one committed such a crime as would
-break up the peace, such as adultery, they would tie him to a tree,
-heap fire-wood round him, and burn him alive, a proof to the opposite
-party of their detestation of his wickedness. This was not done coolly
-as a matter of course in the execution of a law, but as a horrible
-thing to do, and done for the horror of it; a horror renewed in the
-voice and face of the native who told me of the roaring flames and
-shrieks of agony."[169] This story is not without interest when
-compared with the cold-blooded burning of female criminals and women
-suspected of witchcraft in Christian Europe.
-
-[Footnote 168: Yate, _Account of New Zealand_, p. 105.]
-
-[Footnote 169: Codrington, _op. cit._ p. 347.]
-
-There is sufficient evidence to show that the severe punishments
-adopted by peoples of a higher culture have been regarded by them as
-beneficial to society. The legislators themselves often refer to the
-deterrent effects of punishment.
-
-The Peruvian Incas considered that light punishments gave
-confidence to evil-doers, whilst "through their great care in
-punishing a man's first delinquency, they avoided the effects of his
-second and third, and of the host of others that are committed in
-every commonwealth where no diligence is observed {191} to root up the
-evil plant at the commencement."[170] According to the Prefatory Edict
-of the Emperor Kaung-hee, published in 1679, the chief ends proposed
-by the institution of punishments in the Chinese Empire "have been to
-guard against violence and injury, to repress inordinate desires, and
-to secure the peace and tranquillity of an honest and unoffending
-community."[171] In the Laws of Manu punishment is described as a
-protector of all creatures:--"If the king did not, without tiring,
-inflict punishment on those worthy to be punished, the stronger would
-roast the weaker, like fish on a spit; the crow would eat the
-sacrificial cake and the dog would lick the sacrificial viands, and
-ownership would not remain with any one, the lower ones would usurp
-the place of the higher ones. The whole world is kept in order by
-punishment, for a guiltless man is hard to find; through fear of
-punishment the whole world yields the enjoyments which it owes."[172]
-Even the gods, the Dânavas, the Gandharvas, the Râkshasas, the bird
-and snake deities, give the enjoyments due from them only if they are
-tormented by the fear of punishment.[173] In mediæval law-books
-determent is frequently referred to as an object of punishment.[174]
-And in more modern times, till the end of the eighteenth century at
-least, the idea that punishment should inspire fear was ever present
-to the minds of legislators.
-
-[Footnote 170: Garcilasso de la Vega, _op. cit._ i. 151 _sq._]
-
-[Footnote 171: _Ta Tsing Leu Lee_, p. lxvii.]
-
-[Footnote 172: _Laws of Manu_, vii. 14, 15, 20-22, 24 _sq._]
-
-[Footnote 173: _Ibid._ vii. 23.]
-
-[Footnote 174: _Leges Burgundionum_, Leges Gundebati, 52: "Rectius
-enim paucorum condempnatione multitudo corregitur, quam sub specie
-incongruae civilitatis intromittatur occasio, quae licentiam tribuat
-delinquendi." _Capitulare Aquisgranense An._ 802, 33: "Sed taliter hoc
-corripiantur, ut caeteri metum habeant talia perpetrandi" (Migne,
-_Patrologiæ cursus_, xcvii. 230). _Chlotar II. Edictum de Synodo
-Parisiensi_, 24: "In ipsum capitali sententia judicetur, qualiter alii
-non debeant similia perpetrare" (Migne, _op. cit._ lxxx. 454). For
-other instances, see Brunner, _Deutsche Rechtsgeschichte_,
-ii. 588, n. 6.]
-
-The same idea is also conspicuous in the practice of punishing
-criminals in public.[175] A petty thief in the pillory and a scold on
-the cucking-stool were, in earlier times, spectacles familiar to
-everybody, whilst persons still living remember seeing offenders
-publicly whipped in the streets. "A gallows or tree with a man hanging
-upon it," says Mr. Wright, "was so frequent an object in the country
-that it seems to have been almost a natural ornament of a landscape,
-and it is thus introduced by no {192} means uncommonly in mediæval
-manuscripts."[176] In atrocious cases it was usual for the court to
-direct the murderer, after execution, to be hung upon a gibbet in
-chains near the place where the fact was committed, "with the
-intention of thereby deterring others from capital offences"; and in
-order that the body might all the longer serve this useful purpose, it
-was saturated with tar before it was hung in chains.[177] The
-popularity which mutilation as a punishment enjoyed during the Middle
-Ages was largely due to the opinion, that "a malefactor miserably
-living was a more striking example of justice than one put to death at
-once."[178]
-
-[Footnote 175: Günther, _Die Idee der Wiedervergeltung_, i. 211 _sq._
-n. 31.]
-
-[Footnote 176: Wright, _History of Domestic Manners and Sentiments in
-England during the Middle Ages_, p. 346.]
-
-[Footnote 177: Holinshed, _op. cit._ i. 311. Blackstone, _Commentaries
-on the Laws of England_, iv. 201. Cox, 'Hanging in Chains,' in _The
-Antiquary_, xxii. 213 _sq._]
-
-[Footnote 178: Strutt, _View of the Manners, &c. of the Inhabitants of
-England_, ii. 8.]
-
-We shall now consider whether these facts really contradict our thesis
-that punishment is essentially an expression of public indignation.
-
-It may, first, be noticed that the punishment actually inflicted on
-the criminal is in many cases much less severe than the punishment
-with which the law threatens him. In China the execution of the law
-is, on the whole, lenient in comparison with its literal and _prima
-facie_ interpretation.[179] "Many of the laws seem designed to operate
-chiefly _in terrorem_, and the penalty is placed higher than the
-punishment really intended to be inflicted, to the end that the
-Emperor may have scope for mercy, or, as he says, 'for leniency beyond
-the bounds of the law.'"[180] In Europe, during the Middle Ages,
-malefactors frequently received charters of pardon, and in later times
-it became a favourite theory that it was good policy, in framing penal
-statutes, to make as many offences as possible capital, and to leave
-to the Crown to relax the severity of the law. In England, about the
-beginning of the nineteenth century, the punishment of death was
-actually inflicted in only a small proportion of the cases in {193}
-which sentence was passed; indeed, "not one in twenty of the sentences
-was carried into execution."[181] This discrepancy between law and
-practice bears witness, not only to the extent to which the minds of
-legislators were swayed by the idea of inspiring fear, but to the
-limitation of determent as a penal principle. It has been observed
-that the excessive severity of laws hinders their execution. "Society
-revolted against barbarities which the law prescribed. Men wronged by
-crimes, shrank from the shedding of blood, and forbore to prosecute:
-juries forgot their oaths and acquitted prisoners, against evidence:
-judges recommended the guilty to mercy."[182] Yet, in spite of all
-such deductions, there can be no doubt that the hangman had plenty to
-do. Hanging persons, says Mr. Andrews, was almost a daily occurrence
-in the earlier years of the nineteenth century, "for forging notes,
-passing forged notes, and other crimes which we now almost regard with
-indifference."[183]
-
-[Footnote 179: Staunton, in his Preface to _Ta Tsing Leu Lee_,
-p. xxvii. _sq._]
-
-[Footnote 180: Wells Williams, _op. cit._ i. 392 _sq._]
-
-[Footnote 181: Stephen, _op. cit._ i. 471. May, _op. cit._ ii. 597.]
-
-[Footnote 182: May, _op. cit._ ii. 597.]
-
-[Footnote 183: Andrews, _op. cit._ p. 218. _Cf._ Olivecrona, _Om
-dödsstraffet_, p. x.]
-
-Another circumstance worth mentioning is, that in earlier times the
-detection of criminals was much rarer and more uncertain than it is
-now.[184] It has been argued on utilitarian grounds that, "to enable
-the value of the punishment to outweigh that of the profit of the
-offence, it must be increased, in point of magnitude, in proportion as
-it falls short in point of certainty."[185] But the rareness of
-detection would also for purely emotional reasons tend to increase the
-severity of the punishment. When one criminal out of ten or twenty is
-caught, the accumulated indignation of the public turns against him,
-and he becomes a scapegoat for all the rest.
-
-[Footnote 184: _Cf._ Morrison, _Crime and its Causes_, p. 175.]
-
-[Footnote 185: Bentham, _Principles of Morals and Legislation_, p.
-184. _Cf._ Paley, _Moral and Political Philosophy_, vi. 9 (_Complete
-Works_, ii. 371).]
-
-However, the chief explanation of the great severity of certain
-criminal codes lies in their connection with despotism or religion or
-both.[186] An act which is prohibited {194} by law may be punished,
-not only on account of its intrinsic character, but for the very
-reason that it is illegal. When the law is, from the outset, an
-expression of popular feelings, the severity of the penalty with which
-it threatens the transgressor depends, in the first place, on the
-public indignation evoked by the act itself, independently of the
-legal prohibition of it. But the case is different with laws
-established by despotic rulers or ascribed to divine lawgivers. Such
-laws have a tendency to treat criminals not only as offenders against
-the individuals whom they injure or against society at large, but as
-rebels against their sovereign or their god. Their disobedience to the
-will of the mighty legislator incurs, or is supposed to incur, his
-anger, and is, in consequence, severely resented. But however severe
-they be, the punishments inflicted by the despot on disobedient
-subjects are not regarded as mere outbursts of personal anger. In the
-archaic State the king is an object of profound regard, and even of
-religious veneration. He is looked upon as a sacred being, and his
-decrees as the embodiment of divine justice. The transgression of any
-law he makes is, therefore, apt to evoke a feeling of public
-indignation proportionate to the punishment which he pleases to
-inflict on the transgressor. Again, as to acts which are supposed to
-arouse the anger of invisible powers, the people are anxious to punish
-them with the utmost severity so as to prevent the divine wrath from
-turning against the community itself. But the fear which, in such
-cases, lies at the bottom of the punishment, is certainly combined
-with genuine indignation against the offender, both because he rebels
-against God and religion, and because he thereby exposes the whole
-community to supernatural dangers.
-
-[Footnote 186: This has been previously pointed out by Prof. Durkheim,
-in his interesting essay, 'Deux lois de l'évolution pénale' (_L'année
-sociologique_, iv. [1899-1900], p. 64 _sqq._), with which I became
-acquainted only when the present chapter was already in type.
-Montesquieu observes (_De l'esprit des lois_, vi. 9 [_[OE]uvres_, p.
-231]), "Il serait aisé de prouver que, dans tous ou presque tous les
-États d'Europe, les peines ont diminué ou augmenté à mesure qu'on
-s'est plus approché ou plus éloigné de la liberté."]
-
-{195} Various facts might be quoted in support of this explanation.
-Whilst the punishments practised among the lower races generally, are
-not conspicuous for their severity, there are exceptions to this rule
-among peoples who are governed by despotic rulers.
-
-Under the Ashanti code, even the most trivial offences are
-punishable with death.[187] In Madagascar, also, "death was formerly
-inflicted for almost every offence."[188] In Uganda the ordinary
-punishments were "death by fire, being hacked to pieces by reed
-splinters, fine, imprisonment in the stocks _mvuba_, or in the
-**slave fork _kaligo_, also mutilation. It is most common to see
-people deprived of an eye, or in some cases of both eyes; persons
-lacking their ears are also frequently met with."[189] Among the
-Wassukuma, whose chieftains used to have power of life and death over
-their subjects, a person who was guilty of disobedience to his ruler,
-or of some action which the ruler considered wicked and punishable,
-was condemned to death.[190] In the Sandwich Islands, "a chief takes
-the life of one of his own people for any offence he may commit, and
-no one thinks he has a right to interfere."[191]
-
-[Footnote 187: Ellis, _Tshi-speaking Peoples of the Gold Coast_, p. 166.]
-
-[Footnote 188: Ellis, _History of Madagascar_, i. 374.]
-
-[Footnote 189: Ashe, _Two Kings of Uganda_, p. 293. _Cf._ Wilson and
-Felkin, _Uganda and the Egyptian Soudan_, i. 201.]
-
-[Footnote 190: Kollmann, _Victoria Nyanza_, p. 431.]
-
-[Footnote 191: Ellis, _Tour through Hawaii_, p. 431.]
-
-In the old monarchies of America and Asia there was an obvious
-connection between the punishments prescribed by their laws and the
-religious-autocratic form of their governments. According to
-Garcilasso de la Vega, the Peruvians--among whom the most common
-punishment was death--maintained "that a culprit was not punished for
-the delinquencies he had committed, but for having broken the
-commandment of the Ynca, who was respected as God," and that, viewed
-in this light, the slightest offence merited to be punished with
-death.[192] In China the Emperor was regarded as the vicegerent of
-Heaven especially chosen to govern all nations, and was supreme in
-everything, holding at once the highest legislative and executive
-powers, without limit or control.[193] According {196} to ancient
-Japanese ideas, "the duty of a good Japanese consists in obeying the
-Mikado, without questioning whether his commands are right or wrong.
-The Mikado is god and vicar of all the gods, hence government and
-religion are the same."[194] In Rome the criminal law, which for a
-long time was characterised by great moderation,[195] gradually grew
-more severe according as absolutism made progress. Sylla, the
-dictator, not only put thousands of citizens to death by proscription
-without any form of trial, but fixed, in the Cornelian criminal code,
-for heinous offences the punishment called _aquæ et ignis
-interdictio_. Under the Emperors some new and cruel capital
-punishments were introduced, such as burning alive and exposing to
-wild beasts; whilst at the same time offences such as driving away
-horses or cattle were made capital.[196] In mediæval and modern Europe
-the increase of the royal power was accompanied by increasing severity
-of the penal codes. Every crime came to be regarded as a crime against
-the King. Indeed, breach of the King's peace became the foundation of
-the whole Criminal Law of England; the right of pardon, for instance,
-as a prerogative of the Crown, took its origin in the fact that the
-King was supposed to be injured by a crime, and could therefore waive
-his remedy.[197] And the King was not only regarded as the fountain of
-social justice, but as the earthly representative of the heavenly
-lawgiver and judge.[198]
-
-[Footnote 192: Garcilasso de la Vega, _op. cit._ i. 145.]
-
-[Footnote 193: Wells Williams, _op. cit._ i. 393.]
-
-[Footnote 194: Griffis, _Religions of Japan_, p. 92. _Cf._ _Idem_,
-_Mikado's Empire_, p. 100.]
-
-[Footnote 195: _Cf._ Livy, x. 9; Polybius, vi. 14; Gibbon, _History of
-the Decline and Fall of the Roman Empire_, v. 318, 326.]
-
-[Footnote 196: Mackenzie, _Studies in Roman Law_, pp. 408, 409, 414.
-Gibbon, _op. cit._ v. 320. _Cf._ Mommsen, _Römisches Strafrecht_, p. 943.]
-
-[Footnote 197: Cherry, _Growth of Criminal Law in Ancient
-Communities_, pp. 68, 105.]
-
-[Footnote 198: Henke, _Grundriss einer Geschichte des deutschen
-peinlichen Rechts_, ii. 310. Abegg, _Die verschiedenen
-Strafrechtstheorieen_, p. 117. Du Boys, _Histoire du droit criminel
-de l'Espagne_, p. 323.]
-
-Of the connection between punishment and the belief in supernatural
-agencies many instances are found already in the savage world.[199]
-The great severity with which certain {197} infractions of custom are
-punished has obviously a superstitious origin. In Polynesia, according
-to Ellis, "the prohibitions and requisitions of the tabu were strictly
-enforced, and every breach of them punished with death, unless the
-delinquents had some very powerful friends who were either priests or
-chiefs.[200] Among the western tribes of Torres Straits, "death was
-the penalty for infringing the rules connected with the initiation
-period _i.e._, for sacrilege."[201] Among the Port Lincoln aborigines
-the women and children are not allowed to see any of the initiation
-ceremonies, and "any impertinent curiosity on their part is punishable
-with death, according to the ancient custom."[202] Among the Masai,
-who believe that the boiling of milk will cause the cows to run dry,
-"any one caught doing so can only atone for the sin with a fearfully
-heavy fine, or, failing that, the insult to the holy cattle will be
-wiped out in his blood."[203] The penalty of death which is frequently
-imposed on incest or other sexual offences is largely due to the
-influence of religious or superstitious beliefs.[204] And in various
-cases of sacrilege the offender is offered up as a sacrifice to the
-resentful god.[205]
-
-[Footnote 199: Steinmetz, _Ethnol. Studien zur ersten Entwicklung der
-Strafe_, ii. 340 _sq._ The connection between punishment and religion
-has been emphasised by Prof. Durkheim (_Division du travail social_,
-p. 97 _sqq._) and M. Mauss ('La religion et les origines du droit
-pénal,' in _Revue de l'histoire des religions_, vols. xxxiv. and
-xxxv.). But Prof. Durkheim exaggerates the importance of this
-connection by assuming (p. 97) that "le droit pénal à l'origine était
-essentiellement religieux."]
-
-[Footnote 200: Ellis, _Tour through Hawaii_, p. 394. _Cf._ Olmsted,
-_Incidents of a Whaling Voyage_, p. 248 _sq._; Mauss, in _op. cit._
-xxxv. 55.]
-
-[Footnote 201: Haddon, 'Ethnography of the Western Tribes of Torres
-Straits,' in _Jour. Anthr. Inst._ xix. 335.]
-
-[Footnote 202: Schürmann, 'Aboriginal Tribes of Port Lincoln,' in
-Woods, _Native Tribes of South Australia_, p. 234.]
-
-[Footnote 203: Johnston, _Kilima-njaro Expedition_, p. 425.]
-
-[Footnote 204: See _infra_, on Sexual Morality.]
-
-[Footnote 205: See _infra_, on Human Sacrifice.]
-
-According to Hebrew notions, it is man's duty to avenge offences
-against God; every crime involves a breach of God's law, and is
-punishable as such, and hardly any punishment is too severe to be
-inflicted on the ungodly.[206] These ideas were adopted by the
-Christian Church and by Christian governments.[207] The principle
-{198} stated in the Laws of Cnut, that "it belongs very rightly to a
-Christian king that he avenge God's anger very deeply, according as
-the deed may be,"[208] was acted upon till quite modern times, and
-largely contributed to the increasing severity of the penal codes. It
-was therefore one of the most important steps towards a more humane
-legislation when, in the eighteenth century, this principle was
-superseded by the contrary doctrine, "Il faut faire honorer la
-Divinité, et ne la venger jamais."[209]
-
-[Footnote 206: _Cf._ Robertson Smith, _Religion of the Semites_,
-p. 162 _sq._]
-
-[Footnote 207: von Eicken, _Geschichte und System der mittelalterlichen
-Weltanschauung_, p. 563 _sqq._ Abegg, _op. cit._ p. 111 _sq._ Wilda,
-_Strafrecht der Germanen_, p. 530 _sq._ Günther, _op. cit._ ii. 12
-_sqq._ Henke, _op. cit._ ii. 310 _sq._ Brunner, _op. cit._ ii. 587.]
-
-[Footnote 208: _Laws of Cnut_, ii. 40.]
-
-[Footnote 209: Montesquieu, _De l'esprit des lois_, xii. 4
-(_[OE]uvres_, p. 282).]
-
-From the fact, then, that crimes are punished not only as wrongs
-against individuals, but as wrongs against the State, and, especially,
-as wrongs against some despotic or semi-divine lawgiver, or against
-the Deity, it follows that even seemingly excessive punishments may,
-to a large extent, be regarded as manifestations of public resentment.
-This emotion does not necessarily demand like for like. The law of
-talion presupposes equality of rights; it is not applicable to
-impersonal offences, nor to offences against kings or gods. And as the
-demands of public resentment may exceed the _lex talionis_, so they
-may on the other hand fall short of it. Moreover, though the degree of
-punishment on the whole more or less faithfully represents the degree
-of indignation aroused by any particular crime in comparison with
-other crimes belonging to the same penal system, we must not take the
-comparative severity of the criminal laws of different peoples as a
-safe index to the intensity of their reprobation of crime. As we have
-seen before, the strength of moral indignation cannot be absolutely
-measured by the desire to cause pain to the offender. When the emotion
-of resentment is sufficiently refined, the infliction of suffering is
-regarded as a means rather than as an end.
-
-By all this I certainly do not mean to deny that punishment, though in
-the main an expression of public indignation, is also applied as a
-means of deterring from crime. Criminal law is preventive, its object
-is to forbid and {199} to warn, and it uses punishment as a threat.
-But the acts which the law forbids are, as a rule, such as public
-opinion condemns as wrong, and it is their wrongness that in all ages
-has been regarded as the justification of the penalties to which they
-are subject. It is true that there are instances in which the law
-punishes acts which in themselves are not apt to evoke public
-resentment, and others in which the severity of the punishment does
-not exactly correspond with the resentment they evoke. The State may
-have a right to sacrifice the welfare of individuals in order to
-attain some desirable end. It may have a right to do so in cases where
-no crime has been committed, it would therefore seem to be all the
-more justified in doing so when the evil has been preceded by a
-warning. And yet, in the case of punishment, it is only within narrow
-limits that such a right is granted to the State. To punish a person
-could not simply mean that he has to suffer for the benefit of the
-society; there is always opprobrium connected with punishment. Hence
-the scope which justice leaves for determent pure and simple is not
-wide. Sir James Stephen observes:--"You cannot punish anything which
-public opinion, as expressed in the common practice of society, does
-not strenuously and unequivocally condemn. To try to do so is a sure
-way to produce gross hypocrisy and furious reaction."[210] Experience
-shows that the fate of all disproportionately severe laws which make
-too liberal use of punishment as a deterrent is that they come to be
-little followed in practice and are finally annulled. As Gibbon says,
-"whenever an offence inspires less horror than the punishment awarded
-to it, the rigour of penal law is obliged to give way to the common
-feelings of mankind."
-
-[Footnote 210: Stephen, _Liberty, Equality, Fraternity_, p. 159. _Cf._
-Mommsen, _Römisches Strafrecht_, p. 91 _sq._]
-
-Numerous data, to be referred to in following chapters, will show how
-faithfully punishment reflects the emotion of resentment, and how
-impossible it would be to explain it from considerations of social
-utility without close reference {200} to the feeling of justice. Why,
-for instance, should the attempt to commit a crime, when its failure
-obviously depends on mere chance, be punished less severely than the
-accomplished crime, if not because the indignation it arouses is less
-intense? Would not the same amount of suffering be requisite to deter
-a person from attempting to murder his neighbour as to deter him from
-actually committing the murder? And is there any reason to suppose
-that the unsuccessful offender is less dangerous to society than he
-who succeeds? All the facts referring to criminal responsibility, as
-we shall see, suggest resentment, not determent, as the basis of
-punishment, and so does the gradation of the punishment conformably to
-the magnitude of the crime.[211] According to the principle of
-determent, as expressed by Anselm von Feuerbach and others, punishment
-should be neither more nor less severe than is necessary for the
-suppression of crime.[212] But if this rule were really acted upon,
-the penalties imposed, especially on minor offences, which the law has
-been utterly unable to suppress, would certainly be much less lenient
-than they actually are. Moreover, if there were no intrinsic
-connection between punishment and resentment, how could we explain the
-predilection of early law for the principle of talion--an eye for an
-eye, a tooth for a tooth, a life for a life--[213] which, as we have
-seen, so frequently regulates the custom of revenge?
-
-[Footnote 211: _Cf._ Durkheim, _Division du travail social_, p. 93 _sq._]
-
-[Footnote 212: von Feuerbach, _Ueber die Strafe als Sicherungsmittel
-vor künftigen Beleidigungen des Verbrechers_, p. 83. von Gizycki,
-_Introduction to the Study of Ethics_, p. 188.]
-
-[Footnote 213: On this subject, see Günther, _op. cit._
-_passim_.]
-
-The criminal law of a society may thus, on the whole, be taken for a
-faithful exponent of moral sentiments prevalent in that society at
-large. The attempt to make law independent of morality, and to allot
-to it a kingdom of its own, is really, I think, only an excuse for the
-moral shortcomings which it reveals if scrutinised from the standpoint
-of a higher morality. Law does not show us the moral consciousness in
-its refinement. But refinement {201} is a rare thing, and criminal law
-is in the main on a level with the unreflecting morality of the vulgar
-mind. Philosophers and theorisers on law would do better service to
-humanity if they tried to persuade people not only that their moral
-ideas require improvement, but that their laws, so far as possible,
-ought to come up to the improved standard, than they do by wasting
-their ingenuity in sophisms about the sovereignty of Law and its
-independence of the realm of Justice.
-
-
-
-
-CHAPTER VIII
-
-THE GENERAL NATURE OF THE SUBJECTS OF ENLIGHTENED MORAL
-JUDGMENTS
-
-
-THE subjects of moral judgments call for a very comprehensive
-investigation, which will occupy the main part of this work. As
-already said, we shall first discuss the general nature, and
-afterwards the particular branches, of those phenomena which have a
-tendency to evoke moral condemnation or moral praise; and in each case
-our investigation will be both historical and explanatory. The present
-chapter, however, will be neither the one nor the other. It seems
-desirable to examine the general nature of the subjects of moral
-valuation from the standpoint of the enlightened moral consciousness
-before dealing with the influence which their various elements have
-come to exercise upon moral judgments in the course of evolution. By
-doing this, we shall be able, from the outset, to distinguish between
-elements which are hardly discernible, or separable, at the lower
-stages of mental development, as also to fix the terminology which
-will be used in the future discussion.
-
-Moral judgments are commonly said to be passed upon conduct and
-character. This is a convenient mode of expression, but the terms need
-an explanation.
-
-Conduct has been defined sometimes as "acts adjusted to ends,"[1]
-sometimes as acts that are not only adjusted to ends, but definitely
-willed.[2] The latter definition is too {203} narrow for our present
-purpose, because, as will be seen, it excludes from the province of
-conduct many phenomena with reference to which moral judgments are
-passed. The same may be said of the former definition also, which,
-moreover, is unnecessarily wide, including as it does an immense
-number of phenomena with which moral judgments are never concerned.
-Though no definition of conduct could be restricted to such phenomena
-as actually evoke moral emotions, the term "conduct" seems,
-nevertheless, to suggest at least the possibility of moral valuation,
-and is therefore hardly applicable to such "acts adjusted to ends" as
-are performed by obviously irresponsible beings. It may be well first
-to fix the meaning of the word "act."
-
-[Footnote 1: Spencer, _Principles of Ethics_, i. 5.]
-
-[Footnote 2: _E.g._, Mackenzie, _Manual of Ethics_, p. 85.]
-
-According to Bentham, acts may be distinguished as external, or acts
-of the body, and internal, or acts of the mind. "Thus, to strike is an
-external or exterior act: to intend to strike, an internal or interior
-one."[3] But this application of the word is neither popular nor
-convenient. The term "act" suggests something besides intention,
-whilst, at the same time, it suggests something besides muscular
-contractions. To intend to strike is no act, nor are the movements
-involved in an epileptic fit acts.
-
-[Footnote 3: Bentham, _Principles of Morals and Legislation_, p. 73.]
-
-An act comprises an event and its immediate mental cause. The event is
-generally spoken of as the outward act, but this term seems to be too
-narrow, since the intentional production of a mental fact--for
-instance, a sensation, or an idea, or an emotion like joy or sorrow or
-anger--may be properly styled an act. The objection will perhaps be
-raised that I confound acts with their consequences, and that what I
-call the "event" is, as Austin maintains, nothing but bodily
-movements. But Austin himself admits that he must often speak of
-"acts" when he means "acts and their consequences," since "most of the
-names which seem to be names of acts, are names of acts, coupled with
-certain of their consequences, {204} and it is not in our power to
-discard these forms of speech."[4] I regard the so-called consequences
-of acts, in so far as they are intended, as acts by themselves, or as
-parts of acts.
-
-[Footnote 4: Austin, _Lectures on Jurisprudence_, i. 427, 432 _sq._]
-
-The very expression "outward act" implies that acts also have an inner
-aspect. Intention, says Butler, "is part of the action itself."[5] By
-intention I understand a volition or determination to realise the idea
-of a certain event; hence there can be only one intention in one act.
-Certain writers distinguish between the immediate and the remote
-intentions of an act. Suppose that a tyrant, when his enemy jumped
-into the sea to escape him, saved his victim from drowning with a view
-to inflicting upon him more exquisite tortures. The immediate
-intention, it is maintained, was to save the enemy from drowning, the
-remote intention was to inflict upon him tortures.[6] But I should say
-that, in this case, we have to distinguish between two acts, of which
-the first was a means of producing the event belonging to the second,
-and that, when the former was accomplished, the latter was still only
-in preparation. A distinction has, moreover, been drawn between the
-direct and the indirect intention of an act:--"If a Nihilist seeks to
-blow up a train containing an Emperor and others, his direct intention
-may be simply the destruction of the Emperor, but indirectly also he
-intends the destruction of the others who are in the train, since he
-is aware that their destruction will be necessarily included along
-with that of the Emperor."[7] In this case we have two intentions,
-and, so far as I can see, two acts, provided that the nihilist
-succeeded in carrying out his intentions, namely (1) the blowing up of
-the train, and (2) the killing of the emperor; the former of these
-acts does not even necessarily involve the latter. But I fail to see
-that there is any intention at all to kill other {205} persons.
-Professor Sidgwick maintains that it would be thought absurd to say
-that, in such a case, the nihilist "did not intend" to kill them;[8]
-but the reason for this is simply the vagueness of language, and a
-confusion between a psychical fact and the moral estimate of that
-fact. It might be absurd to bring forward the nihilist's non-intention
-as an extenuation of his crime; but it would hardly be correct to say
-that he intended the death of other passengers, besides that of the
-emperor, when he only intended the destruction of the train, though
-this intention involved an extreme disregard of the various
-consequences which were likely to follow. He knowingly exposed the
-passengers to great danger; but if we speak of an intention on his
-part to expose them to such a danger, we regard this exposure as an
-act by itself.
-
-[Footnote 5: Butler, 'Dissertation II. Of the Nature of Virtue,' in
-_Analogy of Religion, &c._ p. 336.]
-
-[Footnote 6: Mackenzie, _op. cit._ p. 60. The example is borrowed from
-Stuart Mill, _Utilitarianism_, p. 27 note.]
-
-[Footnote 7: Mackenzie, _op. cit._ p. 61. _Cf._ Sidgwick, _Methods of
-Ethics_, p. 202, n. 1.]
-
-[Footnote 8: Sidgwick, _op. cit._ p. 202, n. 1. On the subject of
-"indirect intention," _cf._ also Bentham, _op. cit._ pp. 84, 86.]
-
-A moral judgment may refer to a mere intention, independently of its
-being realised or not. Moreover, the moral judgments which we pass on
-acts do not really relate to the event, but to the intention. In this
-point moralists of all schools seem to agree.[9] Even Stuart Mill, who
-drew so sharp a distinction between the morality of the act and the
-moral worth of the agent, admits that "the morality of the action
-depends entirely upon the intention."[10] The event is of moral
-importance only in so far as it indicates a decision which is final.
-From the moral point of view there may be a considerable difference
-between a resolution to do a certain thing in a distant future and a
-resolution to do it immediately. However determined a person may be to
-commit a crime, or to perform a good deed, the idea of the immediacy
-of the event may, in the last moment, induce him to change his mind.
-"The road to hell is paved with good intentions." External events are
-generally the direct causes of our moral emotions; indeed, without the
-_doing_ of harm and the _doing_ of good, the moral consciousness would
-never {206} have come into existence. Hence the ineradicable tendency
-to pass moral judgments upon acts, even though they really relate to
-the final intentions involved in acts. It would be both inconvenient
-and useless to deviate, in this respect, from the established
-application of terms. And no misunderstanding can arise from such
-application if it be borne in mind that by an "act," as the subject of
-a moral judgment, is invariably understood the event _plus_ the
-intention which produced it, and that the very same moral judgment as
-is passed on acts would also, on due reflection, be recognised as
-valid with reference to final decisions in cases where accidental
-circumstances prevented the accomplishment of the act.
-
-[Footnote 9: Sidgwick, _op. cit._ p. 201.]
-
-[Footnote 10: Stuart Mill, _Utilitarianism_, p. 27 note. _Cf._ James
-Mill, _Fragment on Mackintosh_, p. 376.]
-
-It is in their capacity of volitions that intentions are subjects of
-moral judgments. What is perfectly independent of the will is no
-proper object of moral blame or moral praise. On the other hand, any
-volition may have a moral value. But, so far as I can see, there are
-volitions which are not intentions. A person is morally accountable
-also for his deliberate wishes, and the reason for this is that a
-deliberate wish is a volition. I am aware that, by calling deliberate
-wishes "volitions," I offend against the terminology generally adopted
-by psychologists. However, a deliberate wish is not only from a moral
-point of view--as being a proper subject of moral valuation--but
-psychologically as well, so closely akin to a decision, that there
-must be a common term comprising both. In the realm of conations,
-deliberate wishes and decisions form together a province by
-themselves. In contradistinction to mere conative impulses, they are
-expressions of a person's character, of his will. A deliberate wish
-may just as well as a decision represent his "true self." It has been
-argued that a person may will one thing and yet wish the opposite
-thing. Locke observes:--"A man whom I cannot deny, may oblige me to
-use persuasions to another, which, at the same time I am speaking, I
-may wish may not prevail upon him. In this case it is plain the will
-and desire run counter, I will the action that {207} tends one way,
-whilst my desire tends another, and that the direct contrary way."[11]
-Yet in this case I either do not intend to persuade the man, but only
-to discharge my office by speaking to him words which are apt to have
-a persuasive effect on him; or, if I do intend to persuade him, I do
-not in the same moment feel any deliberate wish to the contrary,
-although I may feel such a wish before or afterwards. We cannot
-simultaneously have an intention to do a thing and a deliberate wish
-not to do it.
-
-[Footnote 11: Locke, _Essay concerning Human Understanding_, ii. 21.
-30 (_Philosophical Works_, p. 219).]
-
-If it is admitted that moral judgments are passed on acts simply in
-virtue of their volitional character, it seems impossible to deny that
-such judgments may be passed on the motives of acts as well. By
-"motive" I understand a conation which "moves" the will, in other
-words, the conative cause of a volition.[12] The motive itself may be,
-or may not be, a volition. If it is, it obviously falls within the
-sphere of moral valuation. The motive of an act may even be an
-intention, but an intention belonging to another act. When Brutus
-helped to kill Cæsar in order to save his country, his intention to
-save his country was the cause, and therefore the motive, of his
-intention to kill Cæsar. The fact that an intention frequently acts as
-a motive has led some writers to the conclusion that the motive of an
-act is a part of the intention. But if the intention of an act is part
-of the act itself, and a motive is the cause of an intention, the
-motive of an intention cannot be a part of that intention, since a
-part cannot be the cause of the whole of which it forms a part.
-
-[Footnote 12: "The term 'motive,'" says Professor Stout (_Groundwork
-of Psychology_, p. 233 _sq._) "is ambiguous. It may refer to the
-various conations which come into play in the process of deliberation
-and tend to influence its result. Or it may refer to the conations
-which we mentally assign as the ground or reason of our decision when
-it has been fully formed." Motive, in the former sense of the term, is
-not implied in what I here understand by motive. On the other hand, it
-should be observed that there are motives not only for decisions, but
-for deliberate wishes--another circumstance which shows the affinity
-between these two classes of mental facts.]
-
-But even motives which, being neither deliberate wishes {208} nor
-intentions, consist of non-volitional conations, and, therefore, are
-no proper subjects of moral valuation, may nevertheless indirectly
-exercise much influence on moral judgments. Suppose that a person
-without permission gratifies his hunger with food which is not his
-own. The motive of his act is a non-volitional conation, an appetite,
-and has consequently no moral value. Yet it must be taken into account
-by him who judges upon the act. Other things being equal, the person
-in question is less guilty in proportion as his hunger is more
-intense. The moral judgment is modified by the pressure which the
-non-volitional motive exercises upon the agent's will. The same is the
-case when the motive of an act is the conative element involved in an
-emotion. If a person commits a certain crime under the influence of
-anger, he is not so blamable as if he commits the same crime in cold
-blood. Thus, also, it is more meritorious to be kind to an enemy from
-a feeling of duty, than to be kind to a friend from a feeling of love.
-No man deserves blame or praise for the pressure of a non-volitional
-conation upon his will, unless, indeed, such a pressure is due to
-choice, or unless it might have been avoided with due foresight. But a
-person may deserve blame or praise for not resisting that impulse, or
-for allowing it to influence his will for evil or good.
-
-It is true that moral judgments are commonly passed on acts without
-much regard being paid to their motives;[13] but the reason for this
-is only the superficiality of ordinary moral estimates. Moral
-indignation and moral approval are, in the first place, aroused by
-conspicuous facts, and, whilst the intention of an act is expressed in
-the act itself, its motive is not. But a conscientious judge cannot,
-like the multitude, be content with judging of the surface only.
-Stuart Mill, in his famous statement that "the motive has nothing to
-do with the morality of the action, though much with the worth of the
-agent,"[14] has drawn a distinction {209} between acts and agents
-which is foreign to the moral consciousness. It cannot be admitted
-that "he who saves a fellow creature from drowning does what is
-morally right, whether his motive be duty, or the hope of being paid
-for his trouble." He ought, of course, to save the other person from
-drowning, but at the same time he ought to save him from a better
-motive than a wish for money. It may be that "he who betrays his
-friend that trusts him is guilty of a crime, even if his object be to
-serve another friend to whom he is under greater obligations";[15] but
-surely his guilt would be greater if he betrayed his friend, say, in
-order to gain some personal advantage thereby. Intentions and motives
-are subjects of moral valuation not separately, but as a unity; and
-the reason for this is that moral judgments are really passed upon men
-as acting or willing, not upon acts or volitions in the abstract. It
-is true that our detestation of an act is not always proportionate to
-our moral condemnation of the agent; people do terrible things in
-ignorance. But our detestation of an act is, properly speaking, a
-moral emotion only in so far as it is directed against him who
-committed the act, in his capacity of a moral agent. We are struck
-with horror when we hear of a wolf eating a child, but we do not
-morally condemn the wolf.
-
-[Footnote 13: _Cf._ James Mill, _Fragment on Mackintosh_, p. 376;
-Sidgwick, _op. cit._ p. 364.]
-
-[Footnote 14: Stuart Mill, _Utilitarianism_, p. 26.]
-
-[Footnote 15: _Ibid._ p. 26.]
-
-A volition may have reference not only to the doing of a thing, but to
-the abstaining from doing a thing. It may form part not only of an
-act, but of a forbearance. A forbearance is morally equivalent to an
-act, and the volition involved in it is equivalent to an intention.
-"Sitting still, or holding one's peace," says Locke, "when walking or
-speaking are proposed, though mere forbearances, requiring as much the
-determination of the will, and being as often weighty in their
-consequences as the contrary actions, may, on that consideration, well
-enough pass for actions too."[16] Yet it is hardly correct to call
-them acts. Bentham's division of acts into acts of commission {210}
-and acts of omission or forbearance[17] is not to be recommended. A
-not-doing I do not call an act, and the purpose of not doing I do not
-call an intention.[18] But the fact remains that a forbearance
-involves a distinct volition, which, as such, may be the subject of
-moral judgment no less than the intention involved in an act.
-
-[Footnote 16: Locke, _op. cit._ ii. 21, 28 (_Philosophical Works_,
-p. 218).]
-
-[Footnote 17: Bentham, _op. cit._ p. 72.]
-
-[Footnote 18: _Cf._ Clark, _Analysis of Criminal Liability_, p. 42.]
-
-Willing not to do a thing must be distinguished from not willing to do
-a thing; forbearances must be distinguished from omissions. An
-omission--in the restricted sense of the word--is characterised by the
-absence of volition. It is, as Austin puts it, "the not doing a given
-act, without adverting (at the time) to the act which is not
-done."[19] Now moral judgments refer not only to willing, but to
-not-willing as well, not only to acts and forbearances, but to
-omissions. It is curious that this important point has been so little
-noticed by writers on ethics, although it constitutes a distinct and
-extremely frequent element in our moral judgments. It has been argued
-that what is condemned in an omission is really a volition, not the
-absence of a volition; that an omission is bad, not because the person
-did not do something, but because he did something else, "or was in
-such a condition that he could not will, and is condemned for the acts
-which brought him into that condition."[20] In the latter case, of
-course, the man cannot be condemned for his omission, since he cannot
-be blamed for not doing what {211} he "could not will"; but to say
-that an omission is condemned only on account of the performance of
-some act is undoubtedly a psychological error. If a person forgets to
-discharge a certain duty incumbent on him, say, to pay a debt, he is
-censured, not for anything he did, but for what he omitted to do. He
-is blamed for not doing a thing which he ought to have done, because
-he did not think of it; he is blamed for his forgetfulness. In other
-words, his guilt lies in his negligence.
-
-[Footnote 19: Austin, _op. cit._ i. 438.]
-
-[Footnote 20: Alexander, _Moral Order and Progress_, p. 34 _sq._ So,
-also, Professor Sidgwick maintains (_op. cit._ p. 60) that "the proper
-immediate objects of moral approval or disapproval would seem to be
-always the results of a man's volitions so far as they were
-intended--_i.e._, represented in thought as certain or probable
-consequences of such volitions," and that, in cases of carelessness,
-moral blame, strictly speaking, attaches to the agent, only "in so far
-as his carelessness is the result of some wilful neglect of duty." A
-similar view is taken by the moral philosophy of Roman Catholicism.
-(Göpfert, _Moraltheologie_, i. 113). Binding, again, assumes (_Die
-Normen_, ii. 105 _sqq._) that a person may have a volition without
-having an idea of what he wills, and that carelessness implies a
-volition of this kind. Otherwise, he says, the will could not be held
-responsible for the result. But, as we shall see immediately, the
-absence of a volition may very well be attributed to a defect of the
-will, and the will thus be regarded as the cause of an unintended
-event. To speak of a volition or will to do a thing of which the
-person who wills it has no idea seems absurd.]
-
-Closely related to negligence is heedlessness, the difference between
-them being seemingly greater than it really is. Whilst the negligent
-man omits an act which he ought to have done, because he does not
-think of it, the heedless man does an act from which he ought to have
-forborne, because he does not consider its probable or possible
-consequences.[21] In the latter case there is acting, in the former
-case there is absence of acting. But in both cases the moral judgment
-refers to want of attention, in other words, to not-willing. The fault
-of the negligent man is that he does not think of the act which he
-ought to perform, the fault of the heedless man is that he does not
-think of the probable or possible consequences of the act which he
-performs. In rashness, again, the party adverts to the mischief which
-his act may cause, but, from insufficient advertence assumes that it
-will not ensue; the fault of the rash man is partial want of
-attention.[22] Negligence, heedlessness, and rashness, are all
-included under the common term "carelessness."
-
-[Footnote 21: The meaning of the word "negligence," in the common use
-of language, is very indefinite. It often stands for heedlessness as
-well, or for carelessness. I use it here in the sense in which it was
-applied by Austin (_op. cit._ i. 439 _sq._).]
-
-[Footnote 22: Austin, _op. cit._ i. 440 _sq._ Clark, _op. cit._, p. 101.]
-
-Our moral judgments of blame, however, are concerned with not-willing
-only in so far as this not-willing is attributed to a defect of the
-will, not to the influence of intellectual or other circumstances for
-which no man can be held responsible. That power in a person which we
-call his "will" is regarded by us as a cause, not only of {212} such
-events as are intended, but of such events as we think that the person
-"could" have prevented by his will. And just as, in the case of
-volitions, the guilt of the party is affected by the pressure of
-non-voluntary motives, so in the case of carelessness mental facts
-falling outside the sphere of the will must be closely considered by
-the conscientious judge. But nothing is harder than to apply this rule
-in practice.
-
-Equally difficult is it, in many cases, to decide whether a person's
-behaviour is due to want of advertence, or is combined with a
-knowledge of what his behaviour implies, or of the consequences which
-may result from it--to decide whether it is due to carelessness, or to
-something worse than carelessness. For him who refrains from
-performing an obligatory act, though adverting to it, "negligent" is
-certainly too mild an epithet, and he who knows that mischief will
-probably result from his deed is certainly worse than heedless. Yet
-even in such cases the immediate object of blame may be the absence of
-a volition--not a want of attention, but a not-willing to do, or a
-not-willing to refrain from doing, an act in spite of advertence to
-what the act implies or to its consequences. I may abstain from
-performing an obligatory act though I think of it, and yet, at the
-same time, make no resolution not to perform it. So, too, if a man is
-ruining his family by his drunkenness, he may be aware that he is
-doing so, and yet he may do it without any volition to that effect. In
-these cases the moral blame refers neither to negligence or
-heedlessness, nor to any definite volition, but to disregard of one's
-duty or of the interests of one's family. At the same time, the
-transition from conscious omissions into forbearances, and the
-transition from not-willing to refrain from doing into willing to do,
-are easy and natural; hence the distinction between willing and
-not-willing may be of little or no significance from an ethical point
-of view. For this reason such consequences of an act as are foreseen
-as certain or probable have commonly been included under the term
-"intention,"[23] {213} often as a special branch of intention--"oblique,"
-or "indirect," or "virtual" intention;[24] but, as was already noticed,
-this terminology is hardly appropriate. I shall call such consequences
-of an act as are foreseen by the agent, and such incidents as are
-known by him to be involved in his act, "the known concomitants" of
-the act. When the nihilist blows up the train containing an emperor
-and others, with a view to killing the emperor, the extreme danger to
-which he exposes the others is a known concomitant of his act. So,
-also, in most crimes, the breach of law, as distinct from the act
-intended, is a known concomitant of the act, inasmuch as the criminal,
-though aware that his act is illegal, does not perform it for the
-purpose of violating the law. As Bacon said, "no man doth a wrong for
-the wrong's sake, but thereby to purchase himself profit, or pleasure,
-or honour, or the like."[25]
-
-[Footnote 23: _Cf._ Sidgwick, _op. cit._ p. 202.]
-
-[Footnote 24: Bentham, _op. cit._ p. 84. Austin, _op. cit._ i. 480.
-Clark, _op. cit._ pp. 97, 100.]
-
-[Footnote 25: Bacon, 'Essay IV. Of Revenge' in _Essays_, p. 45. _Cf._
-Grotius, _De jus belli et pacis_, ii. 20. 29. 1: "Vi quisquam gratis
-malus est."]
-
-Absence of volitions, like volitions themselves, give rise not only to
-moral blame, but to moral praise. We may, for instance, applaud a
-person for abstaining from doing a thing, beneficial to himself but
-harmful to others, which, in similar circumstances, would have proved
-too great a temptation to any ordinary man; and it does not
-necessarily lessen his merit if the opposite alternative did not even
-occur to his mind, and his abstinence, therefore could not possibly be
-ascribed to a volition. Very frequently moral praise refers to known
-concomitants of acts rather than to the acts themselves. The merit of
-saving another person's life at the risk of losing one's own, really
-lies in the fact that the knowledge of the danger did not prevent the
-saver from performing his act; and the merit of the charitable man
-really depends on the loss which he inflicts upon himself by giving
-his property to the needy. In these and analogous cases of
-self-sacrifice for a good end, the merit, strictly speaking, consists
-in not-willing to {214} avoid a known concomitant of a beneficial act.
-But there are instances, though much less frequent, in which moral
-praise is bestowed on a person for not-willing to avoid a known
-concomitant which is itself beneficial. Thus it may on certain
-conditions be magnanimous of a person not to refrain from doing a
-thing, though he knows that his deed will benefit somebody who has
-injured him, and towards whom the average man in similar circumstances
-would display resentment.
-
-All these various elements into which the subjects of moral judgments
-may be resolved, are included in the term "conduct." By a man's
-conduct in a certain case is understood a volition, or the absence of
-a volition in him--which is often, but not always or necessarily,
-expressed in an act, forbearance, or omission--viewed with reference
-to all such circumstances as may influence its moral character. In
-order to form an accurate idea of these circumstances, it is necessary
-to consider not only the case itself, but the man's character, if by
-character is understood a person's will regarded as a continuous
-entity.[26] The subject of a moral judgment is, strictly speaking, a
-person's will conceived as the cause either of volitions or of the
-absence of volitions; and, since a man's will or character is a
-continuity, it is necessary that any judgment passed upon him in a
-particular case, should take notice of his will as a whole, his
-character. We impute a person's acts to _him_ only in so far as we
-regard them as a result or manifestation of his character, as directly
-or indirectly due to his will. Hume observes:--"Actions are, by their
-very nature, temporary and perishing; and where they proceed not from
-some _cause_ in the character and disposition of the person who
-performed them, they can neither redound to his honour, if good; nor
-infamy, if evil. . . . The person is not answerable for them; and as
-they proceeded {215} from nothing in him, that is durable and
-constant, and leave nothing of that nature behind them, it is
-impossible he can, upon their account, become the object of punishment
-or vengeance."[27] There is thus an intimate connection between
-character and conduct as subjects of moral valuation. When judging of
-a man's conduct in a special instance, we judge of his character, and
-when judging of his character, we judge of his conduct in general.
-
-[Footnote 26: _Cf._ Alexander, _op. cit._ p. 49: "Character is simply
-that of which individual pieces of conduct are the manifestation." To
-the word "character" has also been given a broader meaning. According
-to John Grote (_Treatise on the Moral Ideals_, p. 442), a person's
-character "is his habitual way of thinking, feeling, and acting."]
-
-[Footnote 27: Hume, _Enquiry concerning Human Understanding_, viii. 2
-(_Philosophical Works_, iv. 80). _Cf._ _Idem_, _Treatise of Human
-Nature_, iii. 2 (_ibid._ ii. 191). See also Schopenhauer, _Die beiden
-Grundprobleme der Ethik_ (_Sämmtliche Werke_, vol. vii.), pp. 123,
-124, 281.]
-
-It will perhaps be remarked that moral judgments are passed not only
-on conduct and character, but on emotions and opinions; for instance,
-that resentment in many cases is deemed wrong, and love of an enemy is
-deemed praiseworthy, and that no punishment has been thought too
-severe for heretics and unbelievers. But even in such instances the
-object of blame or praise is really the will. The person who feels
-resentment is censured because his will has not given a check to that
-emotion, or because the hostile attitude of mind has led up to a
-definite volition. Very frequently the irascible impulse in resentment
-or the friendly impulse in kindly emotion develops into a volition to
-inflict an injury or to bestow a benefit on its object; and the words
-resentment and love themselves are often used to denote, not mere
-emotions, but states of mind characterised by genuine volitions. An
-emotion, or the absence of an emotion, may also, when viewed as a
-symptom, give rise to, and be the apparent subject of, a moral
-judgment. We are apt to blame a person whose feelings are not affected
-by the news of a misfortune which has befallen his friend, because we
-regard this as a sign of an uncharitable character. We may be
-mistaken, of course. The same person might have been the first to try
-to prevent the misfortune if it had been in his power; but we judge
-from average cases.
-
-As for opinions and beliefs, it may be said that they involve
-responsibility in so far as they are supposed to {216} depend on the
-will. Generally it is not so much the opinion itself but rather the
-expression, or the outward consequence, of it that calls forth moral
-indignation; and in any case the blame, strictly speaking, refers
-either to such acts, or to the cause of the opinion within the will.
-That a certain belief, or "unbelief," is never as such a proper object
-of censure is recognised both by Catholic and Protestant theology.
-Thomas Aquinas points out that the _sin_ of unbelief consists in
-"contrary opposition to the faith, whereby one stands out against the
-hearing of the faith, or even despises faith," and that, though such
-unbelief itself is in the intellect, the cause of it is in the will.
-And he adds that in those who have heard nothing of the faith,
-unbelief has not the character of a sin, "but rather of a penalty,
-inasmuch as such ignorance of divine things is a consequence of the
-sin of our first parent."[28] Dr. Wardlaw likewise observes:--"The
-Bible condemns no man for not knowing what he never heard of, or for
-not believing what he could not know. . . . Ignorance is criminal only
-when it arises from wilful inattention, or from aversion of heart to
-truth. Unbelief involves guilt, when it is the effect and
-manifestation of the same aversion--of a want of will to that which is
-right and good."[29] To shut one's eyes to truth may be a heinous
-wrong, but nobody is blamable for seeing nothing with his eyes
-shut.
-
-[Footnote 28: Thomas Aquinas, _Summa Theologica_, ii.-ii. 10. 1 _sq._]
-
-[Footnote 29: Wardlaw, _Sermons on Man's Accountableness for his
-Belief, &c._ p. 38.]
-
-After these preliminary remarks, which refer to the scrutinising and
-enlightened moral consciousness, we shall proceed to discuss in
-detail, and from an evolutionary point of view, the various elements
-of which the subjects of moral judgments consist.
-
-
-
-
-CHAPTER IX
-
-THE WILL AS THE SUBJECT OF MORAL JUDGMENT AND THE INFLUENCE OF
-EXTERNAL EVENTS
-
-
-HOWEVER obvious it may be to the reflecting moral consciousness that
-the only proper object of moral blame and praise is the will, it would
-be a hasty conclusion to assume that moral judgments always and
-necessarily relate to the will. There are numerous facts which tend to
-show that such judgments are largely influenced by external events
-involved in, or resulting from, the conduct of men.
-
-Some peoples are said to make no distinction between intentional and
-accidental injuries. Most statements to this effect refer to revenge
-or compensation.
-
-Von Martius states that, among the Arawaks, "the blood-revenge is
-so blind and is practised so extensively, that many times an
-accidental death leads to the destruction of whole families, both the
-family of him who killed and of the family of the victim";[1] and,
-according to Sir E. F. Im Thurn, the smallest injury done by one
-Guiana Indian to another, even if unintentional, must be atoned by the
-suffering of a similar injury.[2] Adair, in his work on the North
-American Indians, says that they pursued the law of retaliation with
-such a fixed eagerness, that formerly if a little boy shooting birds
-in the high and thick cornfields unfortunately chanced slightly to
-wound another with his childish arrow, "the young vindictive fox was
-excited by custom to watch his ways with the utmost earnestness, till
-the wound was returned in as equal a manner {218} as could be
-expected."[3] Among the Ondonga in South Africa,[4] the Nissan
-Islanders in the Bismarck Archipelago,[5] and certain Marshall
-Islanders,[6] the custom of blood-revenge makes no distinction between
-wilful and accidental homicide. Among the Kasias "destruction of human
-life, whether by accident or design, in open war or secret, is always
-the cause of feud among the relations of the parties."[7] It seems
-that the blood-revenge of the early Greeks was equally indiscriminate.[8]
-As for the blood-feuds of the ancient Teutons, Wilda maintains that,
-even in prehistoric times, it was hardly conformable to good custom to
-kill the involuntary manslayer;[9] but there is every reason to
-believe that custom made no protest against it. According to the myth
-of Balder, accident was no excuse for shedding blood. Loke gives to
-Hödur the mistletoe twig, and asks him to do like the rest of the
-gods, and show Balder honour, by shooting at him with the twig. Hödur
-throws the mistletoe at Balder, and kills him, not knowing its power.
-According to our notions, blind Hödur is perfectly innocent of his
-brother's death; yet the avenger, Vali, by the usual Germanic vow,
-neither washes nor combs his hair till he has killed Hödur. It is also
-instructive to note that the narrator of this story finds himself
-called upon to explain, and, in a manner, to excuse the Asas for not
-punishing Hödur at once, the place where they were assembled being a
-sacred place.[10] We find survivals of a similar view in laws of a
-comparatively recent date. The earliest of the Norman customals
-declares quite plainly that the man who kills his lord by misadventure
-must die.[11] And, according to a passage in 'Leges Henrici I.,' in
-case A by mischance falls from a tree upon B and kills him, then, if
-B's kinsman must needs have vengeance, he may climb a tree and fall
-upon A.[12] This provision has been justly represented as a curious
-instance of a growing appreciation of moral differences, which has not
-dared to abolish, but has tried to circumvent the ancient
-rule.[13]
-
-[Footnote 1: von Martius, _Beiträge zür Ethnographie Amerika's_,
-i. 693 _sq._]
-
-[Footnote 2: Im Thurn, _Among the Indians of Guiana_, p. 214.]
-
-[Footnote 3: Adair, _History of the American Indians_, p. 150.]
-
-[Footnote 4: Rautanen, in Steinmetz, _Rechtsverhältnisse_, p. 341.]
-
-[Footnote 5: Sorge, _ibid._ p. 418.]
-
-[Footnote 6: Kohler, in _Zeitschr. f. vergl. Rechtswiss._ xiv. 443.
-See also _Idem_, _Shakespeare vor dem Forum der Jurisprudenz_, p.
-188.]
-
-[Footnote 7: Fisher, in _Jour. Asiatic Soc. Bengal_, ix. 835.]
-
-[Footnote 8: Rohde, _Psyche_, pp. 237, 238, 242.]
-
-[Footnote 9: Wilda, _Strafrecht der Germanen_, p. 174.]
-
-[Footnote 10: _Snorri Sturluson_, 'Gylfaginning,' 50, in _Edda_, p.
-59. _Cf._ Brunner, _Forschungen zur Geschichte des deutschen und
-französischen Rechtes_, p. 489.]
-
-[Footnote 11: Pollock and Maitland, _History of English Law before the
-Time of Edward I._ ii. 482.]
-
-[Footnote 12: _Leges Henrici I._ xc. 7.]
-
-[Footnote 13: Pollock and Maitland, _op. cit._ ii. 471.]
-
-{219} Among the Kandhs "similar compensation is made in all cases
-both of excusable homicide and of manslaughter."[14] And the same is
-said to be the case among various other savages or barbarians.[15]
-
-[Footnote 14: Macpherson, _Memorials of Service in India_, p. 82.]
-
-[Footnote 15: Crawfurd, _History of the Indian Archipelago_, iii. 123.
-Ellis, _E[(w]e-speaking Peoples of the Slave Coast_, p. 223.
-Munzinger, _Ostafrikanische Studien_, p. 502 (Barea and Kunáma).]
-
-However, this want of discrimination between intentional and
-accidental injuries is not restricted to cases of revenge or
-compensation. Early punishment is sometimes equally indiscriminate.
-
-Among the Káfirs of the Hindu-Kush, "murder, justifiable homicide,
-and killing by inadvertence in a quarrel, are all classed as one
-crime, and punished in the same way. Extenuating circumstances are
-never considered. The single question asked is, Did the man kill the
-other? The penalty is an extremely heavy blood-ransom to the family of
-the slain man, or perpetual exile combined with spoliation of the
-criminal's property."[16] Parkyns tells us the following story from
-Abyssinia:--A boy who had climbed a tree, happened to fall down right
-on the head of his little comrade standing below. The comrade died
-immediately, and the unlucky climber was in consequence sentenced to
-be killed in the same way as he had killed the other boy, that is, the
-dead boy's brother should climb the tree in his turn, and tumble down
-on the other's head till he killed him.[17] The Cameroon tribes do not
-recognise the circumstance of accidental death:--"He who kills another
-accidentally must die. Then, they say, the friends of each are equal
-mourners."[18] Among the negroes of Accra, according to Monrad,
-accidental homicide is punished as severely as intentional.[19]
-
-[Footnote 16: Scott Robertson, _Káfirs of the Hindu-Kush_, p. 440.]
-
-[Footnote 17: Parkyns, _Life in Abyssinia_, ii. 236 _sqq._]
-
-[Footnote 18: Richardson, 'Observations among the Cameroon Tribes of
-West Central Africa,' in _Memoirs of the International Congress of
-Anthropology_, Chicago, p. 203. See also Leuschner, in Steinmetz,
-_Rechtsverhältnisse_, p. 24 (Bakwiri); _ibid._ p. 51 (Banaka and
-Bapuku).]
-
-[Footnote 19: Monrad, _Guinea-Kysten og dens Indbyggere_, p. 88.]
-
-Yet it would obviously be a mistake to suppose that, at early stages
-of civilisation, people generally look only at the harm done, and not
-in the least at the will of him who did it. Even in the system of
-private redress we often {220} find a distinction made between
-intentional or foreseen injuries on the one hand, and unintentional
-and unforeseen injuries on the other. In many instances, whilst
-blood-revenge is taken for voluntary homicide, compensation is
-accepted for accidental infliction of death.[20] And sometimes the
-chief or the State interferes on behalf of the involuntary manslayer,
-protecting him from the persecutions of the dead man's family.
-
-[Footnote 20: _Cf._ Kohler, _Shakespeare vor dem Forum der
-Jurisprudenz_, p. 188, n. 1.]
-
-Among the African Wapokomo intention makes a difference in the
-revenge.[21] Among the Papuans of the Tami Islands blood-revenge is
-common in the case of murder, but is not exacted in the case of
-accidental homicide; the involuntary manslayer has only to pay a
-compensation and to leave the community for a certain length of
-time.[22] Among the Namaqua Hottentots custom demands that
-compensation should be accepted for unintentional killing.[23] We meet
-with the same principle among the Albanians[24] and the Slavs,[25] in
-the past history of other European peoples,[26] in ancient
-Yucatan,[27] and in the religious law of Muhammedanism.[28] Among the
-Kabyles of Algeria, "si les m[oe]urs n'autorisent jamais la famille
-victime d'un homicide volontaire à amnistier un crime, elles lui
-permettent presque toujours de pardonner la mort qui ne résulte que
-d'une maladresse ou d'un accident." They have a special ceremony by
-which the family of the deceased grant pardon to the involuntary
-manslayer, but the pardon must be given unanimously. The manslayer
-then becomes a member of the _kharuba_, or _gens_, of the
-deceased.[29] Among the Omahas, "when one man killed another
-accidentally, he was rescued by the interposition of the chiefs, and
-subsequently was punished as if he were a murderer, but only for a
-year or two."[30] The {221} ancient law of the Hebrews, which
-recognised the right and duty of private revenge in cases of
-intentional homicide, laid down special rules for homicide by
-misfortune. He who killed another unawares and unwittingly might flee
-to a city of refuge, where he was protected against the avenger of
-blood as long as he remained there.[31] In ancient Rome the
-involuntary manslayer seems to have been exposed to the blood-feud
-until a law attributed to Numa ordained that he should atone for the
-deed by providing a ram to be sacrificed in his place.[32]
-
-[Footnote 21: Kraft, in Steinmetz, _Rechtsverhältnisse_, p. 292.]
-
-[Footnote 22: Bamler, quoted by Kohler, in _Zeitschr. f. vergl.
-Rechtswiss._ xiv. 380.]
-
-[Footnote 23: Fritsch, _Die Eingeborenen Süd-Afrika's_, p. 363.]
-
-[Footnote 24: Gop[vc]evi['c], _Oberalbanien und seine Liga_, p. 327.]
-
-[Footnote 25: Miklosich, 'Blutrache bei den Slaven,' in _Denkschriften
-der kaiserl. Akademie der Wissensch. Philos.-histor. Classe_, Vienna,
-xxxvi. 131.]
-
-[Footnote 26: Leist, _Græco-italische Rechtsgeschichte_, p. 324.
-_Ancient Laws of Ireland_, iii. p. cxxiv. For the ancient Teutons, see
-_infra_, p. 226.]
-
-[Footnote 27: de Landa, _Relacion de las cosas de Yucatan_, p. 134.]
-
-[Footnote 28: _Koran_, iv. 94. _Cf._ Sachau, _Muhammedanisches Recht
-nach Schafiitischer Lehre_, p. 761 _sq._]
-
-[Footnote 29: Hanoteau and Letourneux, _La Kabylie_, iii. 68 _sq._]
-
-[Footnote 30: Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur. Ethn._
-iii. 370.]
-
-[Footnote 31: _Deuteronomy_, iv. 42. _Numbers_, xxxv. 11 _sqq._
-_Joshua_, xx. 3 _sqq._]
-
-[Footnote 32: Servius, _In Virgilii Bucolica_, 43. _Cf._ von Jhering,
-_Das Schuldmoment im römischen Privatrecht_, p. 11.]
-
-Among some peoples who accept compensation even for wilful murder, the
-blood-price is lower if life is taken unintentionally.[33]
-
-[Footnote 33: Beverley, in Steinmetz, _Rechtsverhältnisse_, p. 215
-(Wagogo). Dareste, _Nouvelles études d'histoire du droit_, p. 237
-(Swanetians of the Caucasus).]
-
-According to Bowdich, "a person accidentally killing another in
-Ahanta, pays 5 oz. of gold to the family, and defrays the burial
-customs. In the case of murder, it is 20 oz. of gold and a slave; or,
-he and his family become the slaves of the family of the
-deceased."[34] Ancient Irish law imposed an Eric fine for accidental
-or unintentional homicide, to be paid to the relatives of the dead
-man, whilst a double fine was due for homicide where anger was shown,
-_i.e._, where probably there was what we should call "malice."[35]
-
-[Footnote 34: Bowdich, _Mission from Cape Castle to Ashantee_, p. 258,
-n. [double dagger].]
-
-[Footnote 35: Cherry, _Growth of Criminal Law in Ancient Communities_,
-p. 22.]
-
-In the punishments inflicted by many savages, a similar distinction is
-made between intentional and accidental harm, although, at the same
-time, some degree of guilt is frequently imputed to persons who, in
-our opinion, are perfectly innocent.
-
-Speaking of the West Australian aborigines, Sir G. Grey
-observes:--"If a native is slain by another wilfully, they kill the
-murderer, or any of his friends they can lay hands on. If a native
-kills another accidentally, he is punished according to the
-circumstances of the case." And the punishment may be severe enough.
-"For instance, if, in inflicting spear wounds as a punishment for some
-offence, one of the agents should spear the culprit through the thigh,
-and accidentally so injure the {222} femoral artery that he dies, the
-man who did so would have to submit to be speared through both thighs
-himself."[36] In New Guinea, according to Dr. Chalmers, murder is
-punished capitally, whereas a death caused by accident is expiated by
-a fine.[37] Among the Mpongwe, "except in the case of a chief or a
-very rich man, little or no difference is made between wilful murder,
-justifiable homicide, and accidental manslaughter."[38] Kafir law
-seems to demand no compensation for what is clearly proved to have
-been a strictly accidental injury to property, but the case is
-different in regard to accidental injuries to persons, if the injury
-be of a serious nature. Thus "it seems to make little or no
-distinction between wilful murder and any other kind of homicide;
-unless it be, perhaps, that in purely accidental homicide the full
-amount of the fine may not be so rigidly insisted upon."[39] Among the
-A-l[=u]r, in the case of accidental injuries, a compensation is paid
-to the injured party and a fine to the chief. Whilst the strict
-punishment for murder is death, the culprit is allowed to redeem
-himself if it cannot be proved that he committed the deed
-wilfully.[40] The Masai regard accidental homicide, or injury, as "the
-will of N'gai," "the Unknown," and "the elders arrange what
-compensation shall be paid to the injured person (if a male) or to the
-nearest relative. If a woman is killed by accident, all the killer's
-property becomes the property of the nearest relative."[41] The
-Eastern Central Africans, according to the Rev. D. Macdonald, "know
-the difference between an injury of accident and one of
-intention."[42] And so do the natives of Nossi-Bé and Mayotte, near
-Madagascar.[43]
-
-[Footnote 36: Grey, _Journals of Expeditions of Discovery in
-North-West and Western Australia_, ii. 238 _sq._]
-
-[Footnote 37: Chalmers, _Pioneering in New Guinea_, p. 179.]
-
-[Footnote 38: Burton, _Two Trips to Gorilla Land_, i. 105.]
-
-[Footnote 39: Maclean, _Compendium of Kafir Laws and Customs_,
-pp. 113, 67, 60.]
-
-[Footnote 40: Stuhlmann, _Mit Emin Pascha ins Herz von Afrika_, p. 524.]
-
-[Footnote 41: Hinde, _The Last of the Masai_, p. 108.]
-
-[Footnote 42: Macdonald, _Africana_, i. 11.]
-
-[Footnote 43: Walter, in Steinmetz, _Rechtsverhältnisse_, p. 393.]
-
-Nay, there are instances of uncivilised peoples who entirely excuse,
-or do not punish, a person for an injury which he has inflicted by
-mere accident, even though they may compel him to pay damages for
-involuntary destruction of property.
-
-We are told that the Pennsylvania Indians "judge with calmness on
-all occasions, and decide with precision, or endeavour {223} to do so,
-between an accident and a wilful act; the first, they say, they are
-all liable to commit, and therefore it ought not to be noticed, or
-punished; the second being a wilful or premeditated act, committed
-with a bad design, ought on the contrary to receive due
-punishment,"[44] Among some of the Marshall Islanders unintentional
-wrongs are punished only if the injured party be a person of note, for
-instance, a chief, or a member of a chief's family.[45] Among the
-Papuans of the Tami Islands, "accidental injuries are not punished.
-Generally the culprit confesses his deed, and makes an apology. If he
-has caused the destruction of some valuable, he has to repair the
-loss."[46] Among the Wadshagga there is no punishment for an
-accidental hurt; but if anybody's property has been damaged thereby, a
-compensation amounting to one half of the damage may be required.[47]
-The Hottentots do not nowadays punish accidents, even in the case of
-homicide.[48] Among the Washambala a person is held responsible only
-for such injuries as he has inflicted intentionally or caused by
-carelessness.[49] In some parts of West Africa, if a man, woman, or
-child, not knowing what he or she does, damages the property of
-another person, "native justice requires, and contains in itself, that
-if it can be proved the act was committed in ignorance that was not a
-culpable ignorance, the doer cannot be punished according to the
-law."[50]
-
-[Footnote 44: Buchanan, _North American Indians_, p. 160 _sq._]
-
-[Footnote 45: Kohler, in _Zeitschr. f. vergl. Rechtswiss._ xiv. 448.]
-
-[Footnote 46: Bamler, quoted by Kohler, _ibid._ xiv. 381.]
-
-[Footnote 47: Merker, quoted by Kohler, _ibid._ xv. 64.]
-
-[Footnote 48: Kohler, _ibid._ xv. 353.]
-
-[Footnote 49: Lang, in Steinmetz, _Rechtsverhältnisse_, p. 261.]
-
-[Footnote 50: Miss Kingsley, in her Introduction to Dennett's _Notes
-on the Folklore of the Fjort_, p. xi.]
-
-These instances of occasional discrimination in savage justice are
-particularly interesting in the face of the fact that, even among
-peoples who have attained a higher degree of culture, innocent persons
-are often punished by law for bringing about events without any fault
-of theirs.
-
-It is a principle of the Chinese law that "all persons who kill or
-wound others purely by accident, shall be permitted to redeem
-themselves from the punishment of killing or wounding in an affray, by
-the payment in each case of a fine to the family of the person
-deceased or wounded."[51] But there are exceptions to this rule. Any
-{224} person who kills his father, mother, paternal grandfather or
-grandmother, and any wife who kills her husband's father, mother,
-paternal grandfather or grandmother, "purely by accident, shall still
-be punished with 100 blows and perpetual banishment to the distance of
-3,000 _lee_. In the case of wounding purely by accident, the persons
-convicted thereof shall be punished with 100 blows and three years'
-banishment: in these cases, moreover, the parties shall not be
-permitted to redeem themselves from punishment by the payment of a
-fine, as usual in the ordinary cases of accident."[52] Again, slaves
-who accidentally kill their masters, "shall suffer death, by being
-strangled at the usual period."[53] It is also a characteristic
-provision of the Chinese law that an act of grace is necessary for
-relieving all those from punishment who have offended accidentally and
-inadvertently.[54]
-
-[Footnote 51: _Ta Tsing Leu Lee_, sec. ccxcii. p. 314.]
-
-[Footnote 52: _Ibid._ sec. cccxix. p. 347. _Cf._ _ibid._ sec. ccxcii.
-p. 314.]
-
-[Footnote 53: _Ibid._ sec. cccxiv. p. 338.]
-
-[Footnote 54: _Ibid._ sec. xvi. p. 18.]
-
-It is said in the Laws of [Hv]ammurabi:--"If a man has struck a man in
-a quarrel, and has caused him a wound, that man shall swear 'I did not
-strike him knowing' and shall answer for the doctor. If he has died of
-his blows, he shall swear, and if he be of gentle birth he shall pay
-half a mina of silver. If he be the son of a poor man, he shall pay
-one-third of a mina of silver."[55]
-
-[Footnote 55: _Laws of [Hv]ammurabi_, 206 _sqq._]
-
-It has been observed that the purpose of the Hebrew law of sanctuary
-was not merely to protect the involuntary manslayer from
-blood-revenge, but at the same time to punish him and compel him to
-expiate the blood he has shed.[56] If he left the city of refuge
-before the death of the high-priest, the avenger of blood might kill
-him without incurring blood-guiltiness; and he was not permitted to
-purchase an earlier return to his possession with a money
-ransom.[57]
-
-[Footnote 56: Goitein, _Das Vergeltungsprincip im biblischen und
-talmudischen Strafrecht_, p. 25 _sq._ Keil, _Manual of Biblical
-Archæology_, ii. 371.]
-
-[Footnote 57: _Numbers_, xxxv. 26 _sqq._]
-
-According to the Laws of Manu, "he who damages the {225} goods of
-another, be it intentionally or unintentionally, shall give
-satisfaction to the owner and pay to the king a fine equal to the
-damage";[58] and various rites of expiation are prescribed for a
-person who kills a Brâhmana by accident,[59] whereas the intentional
-slaying of a Brâhmana is inexpiable.[60]
-
-[Footnote 58: _Laws of Manu_, viii. 288.]
-
-[Footnote 59: _Ibid._ xi. 73 _sqq._]
-
-[Footnote 60: _Ibid._ xi. 90. _Gautama_, xxi. 7. According to some
-authorities, however, the wilful slaying of a Brâhmana was expiable by
-a penance of greater severity (Bühler's note, in his translation of
-the 'Laws of Manu,' _Sacred Books of the East_, xxv. 449).]
-
-Demosthenes praises the Athenian law for making the penalty of
-unintentional homicide less than that of intentional. The punishment
-for murder was death, from which, however, before the sentence was
-passed, the murderer was at liberty to escape by withdrawing from his
-country and remaining in perpetual exile. But he who was convicted of
-involuntary homicide had to leave the country only for some shorter
-time, until he had appeased the relatives of the deceased.[61] As will
-be seen subsequently, the real object of this law was not so much to
-punish the involuntary manslayer, as to save him from being persecuted
-by the dead man's ghost, and to rid the community of a pollution.
-However, the Athenian law does not represent the ideas of early times.
-As Dr. Farnell observes, the constitution and the legend about the
-foundation of the court at the Palladium, which was established to try
-cases of unintentional blood-shedding, shows that the ancient practice
-was susceptible of improvement.[62] Nor does the Roman law, which, in
-its developed shape, with such a remarkable consistency carried out
-the Cornelian principle, "in maleficiis voluntas spectatur non
-exitus,"[63] seem to have been equally discriminate in early
-times.[64] In the Law of the Twelve Tables there are still some faint
-traces left of the notion that expiation was required of a person who
-accidentally shed human blood.[65]
-
-[Footnote 61: Demosthenes, _Contra Aristocratem_, 71 _sq._ p. 643 _sq._]
-
-[Footnote 62: Aristotle, _De republica Atheniensium_, 57. Farnell,
-_Cults of the Greek States_, i. 304.]
-
-[Footnote 63: _Digesta_, xlviii. 8. 14.]
-
-[Footnote 64: von Jhering, _Das Schuldmoment im römischen
-Privatrecht_, p. 16. Mommsen, _Römisches Strafrecht_, p. 85.]
-
-[Footnote 65: Mommsen, _op. cit._ p. 85.]
-
-{226} The principle of ancient Teutonic law was, "Qui inscienter
-peccat, scienter emendet"--a maxim laid down by the compiler of the
-so-called 'Laws of Henry I.,'[66] no doubt translating an old English
-proverb.[67] In historic times, the law, distinguishing between _vili_
-and _vadhi_, treats intentional homicide as worse than unintentional.
-In one case there can, in the other there can not, be a legitimate
-feud; and whilst wilful manslaughter can be expiated only by _wíte_,
-as well as _wer_, the involuntary manslayer has to pay _wer_ to the
-family of the dead, but no _wíte_ to the authorities.[68] Yet the
-_wer_ to be paid was not merely compensation for the loss sustained,
-as Wilda, misled by his enthusiasm for Teutonic law, has erroneously
-assumed;[69] it was punishment as well.[70] And the character of
-criminality attached to accidental homicide survived the system of
-_wer_. When homicide became a capital offence, homicide by
-misadventure was included in the law. However, the involuntary
-manslayer was not executed, but recommended to the "mercy" of the
-prince. This was the case in England in the later Middle Ages,[71] and
-in France still more recently.[72] And when the English law was
-altered, and the involuntary offender no longer was in need of mercy,
-he nevertheless continued to be treated as a criminal. He was punished
-with forfeiture of his goods. According to the rigour of the law such
-a forfeiture might have been exacted even in the year 1828, when the
-law was finally abolished after having fallen into desuetude in the
-course of the previous century.[73]
-
-[Footnote 66: _Leges Henrici I._ xc. 11.]
-
-[Footnote 67: Pollock and Maitland, _History of the English Law before
-the Time of Edward I._ i. 54.]
-
-[Footnote 68: Wilda, _op. cit._ p. 545 _sqq._, 594. _Idem_, _Deutsche
-Rechtsgeschichte_, i. 165. Pollock and Maitland, _op. cit._ ii. 471.]
-
-[Footnote 69: Wilda, _op. cit._ p. 578.]
-
-[Footnote 70: Geyer, _Die Lehre von der Nothwehr_, p. 87 _sq._ Trummer
-_Vorträge über Tortur, &c._ i. 345. Brunner, _Forschungen_, p. 505 _sq._]
-
-[Footnote 71: Bracton, _De Legibus et Consuetudinibus Angliæ_, fol.
-134, vol. ii. 382 _sq._; fol. 104 b, vol. ii, 152 _sq._ Brunner,
-_Forschungen_, p. 494 _sqq._ Biener, _Das englische Geschwornengericht_,
-i. 120, 392. Pollock and Maitland, _op. cit._ ii. 479.]
-
-[Footnote 72: Beaumanoir, _Les coutumes du Beauvoisis_, 69, vol. ii.
-483. Esmein, _Histoire de la procédure criminelle en France_, p. 255.]
-
-[Footnote 73: Stephen, _History of the Criminal Law of England_, iii. 77.]
-
-If men at the earlier stages of civilisation generally {227} attach
-undue importance to the outward aspect of conduct, the same is still
-more the case with their gods.
-
-The Tshi-speaking peoples of the Gold Coast believe that the god
-Sasabonsum "takes delight in destroying all those who have offended
-him, even though the offence may have been accidental and
-unintentional"; whereas, among the same people, it is the custom that
-even deaths resulting from accidents, not to speak of minor injuries,
-are compensated for by a sum of money.[74] Miss Kingsley says she is
-unable, from her own experience, to agree with Mr. Dennett's statement
-with reference to the Fjort, that ignorance would save the man who had
-eaten prohibited food. From what she knows, Merolla's story is
-correct: the man, though he eat in ignorance, dies or suffers
-severely. "It is true," she adds, "that one of the doctrines of
-African human law is that the person who offends in ignorance, that is
-not a culpable ignorance, cannot be punished; but this merciful dictum
-I have never found in spirit law. Therein if you offend, you suffer;
-unless you can appease the enraged spirit, neither ignorance nor
-intoxication is a feasible plea in extenuation."[75] The Omahas
-believe that to eat of the totem, even in ignorance, would cause
-sickness, not only to the eater, but also to his wife and
-children.[76]
-
-[Footnote 74: Ellis, _Tshi-speaking Peoples of the Gold Coast_,
-pp. 35, 301.]
-
-[Footnote 75: Miss Kingsley, in her Introduction to Dennett's
-_Folklore of the Fjort_, p. xxviii.]
-
-[Footnote 76: Frazer, _Totemism_, p. 16.]
-
-Speaking of the sacred animals of the ancient Egyptians, Herodotus
-says, "Should any one kill one of these beasts, if wilfully, death is
-the punishment; if by accident, he pays such fine as the priests
-choose to impose. But whoever kills an ibis or a hawk, whether
-wilfully or by accident, must necessarily be put to death."[77]
-According to the Chinese penal code, "whoever destroys or damages,
-whether intentionally or inadvertently, the altars, mounds, or
-terraces consecrated to the sacred and imperial rites, shall suffer
-100 blows, and be perpetually banished to distance {228} of 2000
-_lee_."[78] In these cases the punishment inflicted by human hands is
-obviously a reflection of the supposed anger of superhuman
-beings.
-
-[Footnote 77: Herodotus, ii. 65. _Cf._ Pomponius Mela, 9.]
-
-[Footnote 78: _Ta Tsing Leu Lee_, sec. clviii. p. 172.]
-
-The Shintoist prays for forgiveness of errors which he has committed
-unknowingly.[79] According to the Vedic hymns, whoever with or without
-intention offends against the eternal ordinances of Varuna, the
-All-knowing and Sinless, arouses his anger, and is bound with the
-bonds of the god--with calamity, sickness, and death.[80] Forgiveness
-is besought of Varuna for sins that have been committed in
-unconsciousness;[81] even sleep occasions sin.[82] The singer
-Vasishtha is filled with pious grief, because daily against his will
-and without knowledge he offends the god and in ignorance violates his
-decree.[83] "All sages," say the Laws of Manu, "prescribe a penance
-for a sin unintentionally committed"; such a sin "is expiated by the
-recitation of Vedic texts, but that which men in their folly commit
-intentionally, by various special penances."[84] Among the present
-Hindus, "even in cases of accidental drinking of spirits through
-ignorance on the part of any of the three twice-born classes, nothing
-short of a repetition of the initial sacramentary rites, effecting a
-complete regeneration, is held sufficient to purge the sin."[85]
-
-[Footnote 79: Selenka, _Sonnige Welten_, p. 210 _sq._]
-
-[Footnote 80: _Cf._ Kaegi, _Rigveda_, p. 66 _sq._; Oldenberg, _Die
-Religion des Veda_, p. 289.]
-
-[Footnote 81: _Rig-Veda_, v. 85. 8.]
-
-[Footnote 82: _Ibid._ vii. 86. 6; x. 164. 3.]
-
-[Footnote 83: _Ibid._ vii. 88. 6. _Cf._ Kaegi, _op. cit._ p. 68.]
-
-[Footnote 84: _Laws of Manu_, xi. 45 _sq._ _Cf._ _Vasishtha_, 20.]
-
-[Footnote 85: Rájendralála Mitra, _Indo-Aryans_, i. 393.]
-
-In the Greek literature there are several instances of guilt being
-attached to the accidental transgression of some sacred law, the
-transgressor being perfectly unaware of the nature of his deed.
-Oedipus is the most famous example of this. Actaeon is punished for
-having seen Diana. Pausanias, the Spartan king, made sacrifice to Zeus
-Phyxius, to atone for the death of the maiden whom he had slain by
-misfortune.[86]
-
-[Footnote 86: Farnell, _op. cit._ i. 72.]
-
-The Babylonian psalmist, assuming that one of the {229} gods is angry
-with him because he is suffering pain, exclaims:--"The sin which I
-committed I know not. The transgression I committed I know not. The
-affliction which was my food--I know it not. The evil which trampled
-me down--I know it not. The lord in the wrath of his heart has
-regarded me; the god in the fierceness of his heart has punished
-me."[87] In another psalm it is said:--"He knows not his sin against
-the god, he knows not his transgression against the god and the
-goddess. Yet the god has smitten, the goddess has departed from
-him."[88]
-
-[Footnote 87: Zimmern, _Babylonische Busspsalmen_, p. 63.]
-
-[Footnote 88: Sayce, _Hibbert Lectures on the Religion of the Ancient
-Babylonians_, p. 505. _Cf._ Mürdter-Delitzsch, _Geschichte Babyloniens
-und Assyriens_, p. 38.]
-
-So, also, the Hebrew psalmist cries out, "Who can understand his
-errors? cleanse thou me from secret faults."[89] Unintentional error,
-as Mr. Montefiore observes, would be as liable to incur divine
-punishment as the most voluntary crime, if it infringed the tolerably
-wide province in which the right or sanctity of Yahveh was
-involved.[90] Whilst a deliberate moral iniquity was punished under
-the penal law, a sin committed "through ignorance, in the holy things
-of the Lord," required a sin- or trespass-offering for its
-expiation.[91] Speaking of the developed sacrificial system of the
-Jews, Professor Moore remarks, "The general rule in the Mishna is that
-any transgression the penalty of which, if wilful, would be that the
-offender be cut off, requires, if committed in ignorance or through
-inadvertence, a _[h.]a[t.][t.][=a]th_ [or sin-offering]; the catalogue
-of these transgressions ranges from incest and idolatry to eating the
-(internal) fat of animals and imitating the composition of the sacred
-incense, but does not include the commonest offences against
-morals."[92] The Rabbis also maintained that a false oath, even if
-made unconsciously, involves man in sin, and is punished as such.[93]
-{230} We meet with a similar opinion in mediæval Christianity. The
-principle laid down by St. Augustine,[94] and adopted by Canon
-Law,[95] that "ream linguam non facit, nisi mens rea," was not always
-acted upon. Various penitentials condemned to penance a person who, in
-giving evidence, swore to the best of his belief, in case his
-statement afterwards proved untrue.[96] In other cases, also, the
-Church prescribed penances for mere misfortunes. If a person killed
-another by pure accident, he had to do penance--in ordinary cases,
-according to most English penitentials, for one year,[97] according to
-various continental penitentials, for five[98] or seven[99] years;
-whereas, according to the Penitential of Pseudo-Theodore, he who
-accidentally killed his father or mother was to atone his deed with a
-penance of fifteen years,[100] and he who accidentally killed his son
-with a penance of twelve.[101] The Scotists even expressly declared
-that the external deed has a moral value of its own, which increases
-the goodness or badness of the agent's intention; and though this
-doctrine was opposed by Thomas Aquinas, Bonaventura, Suarez, and other
-leading theologians, it was nevertheless admitted by them that,
-according to the will of God, certain external deeds entail a certain
-accidental reward, the so-called _aureola_.[102] In some cases the
-secular law, also, punishes misadventure on religious grounds. Thus
-the Salic law treated with great severity any person who accidentally
-put fire to a church, although it imposed no penalty on other cases of
-{231} unintentional incendiary;[103] and even to this day the Russian
-criminal law prescribes penitence for homicide by misadventure, "in
-order to quiet the conscience of the culprit."[104] According to the
-Koran, he who kills a believer by mistake shall expiate his deed, not
-only by paying blood-money to the family of the dead (unless they
-remit it), but by setting free a believing slave; and as to him who
-cannot find the means, "let him fast for two consecutive months--a
-penance this from God."[105]
-
-[Footnote 89: _Psalms_, xix. 12.]
-
-[Footnote 90: Montefiore, _Hibbert Lectures on the Religion of the
-Ancient Hebrews_, p. 103. _Cf._ _ibid._ p. 515 _sq._]
-
-[Footnote 91: _Leviticus_, iv. 22 _sqq._; v. 15 _sqq._ _Numbers_,
-xv. 24 _sqq._]
-
-[Footnote 92: Moore, 'Sacrifice,' in Cheyne and Black, _Encyclopædia
-Biblica_, iv. 4205.]
-
-[Footnote 93: Montefiore, _op. cit._ p. 558.]
-
-[Footnote 94: St. Augustine, _Sermones_, clxxx. 2 (Migne, _Patrologiæ
-cursus_, xxxviii. 973).]
-
-[Footnote 95: Gratian, _Decretum_, ii. 22. 2. 3.]
-
-[Footnote 96: _P[oe]nitentiale Bedæ_, v. 3 (Wasserschleben,
-_Bussordnungen der abendländischen Kirche_, p. 226). _P[oe]nit.
-Egberti_, vi. 3 (_ibid._ p. 238). _P[oe]nit. Pseudo-Theodori_, xxiv. 5
-(_ibid._ p. 593).]
-
-[Footnote 97: _P[oe]nit. Theodori_, i. 4. 7 (_ibid._ p. 188).
-_P[oe]nit. Bedæ_, iv. 5 (_ibid._ p. 225). _P[oe]nit. Egberti_, iv. 11
-(_ibid._ p. 235). According to _P[oe]nit. Pseudo-Theodori_, xxi. 2
-(_ibid._ p. 586), the penance was to last for five years.]
-
-[Footnote 98: _P[oe]nit. Hubertense_, 2 (_ibid._ p. 377). _P[oe]nit.
-Merseburgense_, 2 (_ibid._ p. 391). _P[oe]nit. Bobiense_, 4 (_ibid._
-p. 408). _P[oe]nit. Vindobonense_, 2 (_ibid._ p. 418). _P[oe]nit.
-Cummeani_, vi. 2 (_ibid._ p. 478). _P[oe]nit. XXXV. Capitulornm_, 1
-(_ibid._ p. 506). _P[oe]nit. Vigilanum_, 27 (_ibid._ p. 529).]
-
-[Footnote 99: _P[oe]nit. Parisiense_, 1 (_ibid._ p. 412). _P[oe]nit.
-Floriacense_, 2 (_ibid._ p. 424).]
-
-[Footnote 100: _P[oe]nit. Pseudo-Theodori_, xxi. 18 (_ibid._ p. 588).]
-
-[Footnote 101: _P[oe]nit. Pseudo-Theodori_, xxi. 19 (_ibid._ 588).]
-
-[Footnote 102: Göpfert, _Moraltheologie_, i. 185.]
-
-[Footnote 103: _Lex Salica_ (Harold's text), 71. Brunner,
-_Forschungen_, p. 507, n. 1.]
-
-[Footnote 104: Foinitzki, in _Le droit criminel des états européens_,
-edited by von Liszt, p. 531.]
-
-[Footnote 105: _Koran_, iv. 94.]
-
-How shall we explain all these facts? Do they faithfully represent
-ideas of moral responsibility? Do they indicate that, at the earlier
-stages of civilisation, the outward event as such, irrespectively of
-the will of the agent, is an object of moral blame?
-
-Most of the statements which imply a perfect absence of discrimination
-between accident and intention, refer to the system of private
-redress. Under this system a personal injury is regarded as a matter
-which the injured party or his kin have to settle for themselves. It
-certainly does not allow them to treat the offender just as they
-please; as we have seen, it is more or less regulated by custom. But
-at the same time it makes considerable allowance for the personal
-feelings of the sufferer, and these feelings are apt to be neither
-impartial nor sufficiently discriminate. Whether, in a savage
-community, public opinion prescribes, or merely permits, revenge in
-cases of accidental injury, is a question which the ordinary
-observations of travellers leave unanswered. It is important to note
-that one of the first steps which early custom or law took towards a
-restriction of the blood-feud was to save the life of the involuntary
-manslayer. Moreover, in many cases where the system of revenge has
-been succeeded by punishment, the injured party may still have a voice
-in the matter. In Abyssinia, for instance, "a life for a life is the
-sentence passed upon the murderer; but, obtaining {232} the consent of
-the relatives of the deceased, he is authorised by law to purchase his
-pardon."[106] According to ancient Swedish law, an injury could not be
-treated as accidental unless the injured party acknowledged it as
-such.[107] In England, even in the days of Henry III., the king could
-not protect the manslayer from the suit of the dead man's kin,
-although he had granted him pardon on the score of misadventure.[108]
-Indeed, so recently as 1741, a royal order was made for a hanging in
-chains "on the petition of the relations of the deceased."[109] And to
-this day English criminal courts, when dealing with some slight
-offence, mitigate the punishment "because the prosecutor does not
-press the case," or even give him leave to settle the matter and
-withdraw the prosecution.[110]
-
-[Footnote 106: Harris, _Highlands of Æthiopia_, ii, p. 94.]
-
-[Footnote 107: von Amira, _Nordgermanische Obligationenrecht_, i. 382.]
-
-[Footnote 108: _Three Early Assize Rolls for the County of
-Northumberland_, _sæc. XIII_, p. 98.]
-
-[Footnote 109: Amos, _Ruins of Time_, p. 23.]
-
-[Footnote 110: Kenny, _Outlines of Criminal Law_, p. 23.]
-
-In the case of accidental homicide, deference may also have to be
-shown for the supposed feelings of the dead man's ghost, which, angry
-and bloodless, is craving for revenge and thirsting for blood. To
-leave its desires ungratified would be both dangerous and unmerciful.
-That this has something to do with the rigid demand of life for life
-in the case of homicide by misadventure seems all the more likely as
-in some instances when the involuntary manslayer is pardoned, other
-blood is to be shed instead of his. Among the Yao and Wayisa, near
-Lake Nyassa, it is the custom "by way of propitiation to give up a
-slave or some relative of the criminal's, to 'go along with the one
-who was slain,' and this seems to be invariably done when one is
-killed by accident, in which case the slayer may escape, the deputy
-taking as it were his place."[111] We may assume that a similar idea
-underlies the ancient Roman law which provided a ram to be sacrificed
-in the place of the involuntary manslayer.
-
-[Footnote 111: Macdonald, in _Jour. Anthr. Inst._ xii. 108.]
-
-But the dead man's ghost not only persecutes his own family if
-**neglectful of their duty, it also attacks the manslayer {233} and
-cleaves to him like a miasma. The manslayer is consequently regarded
-as unclean, and has, both for his own sake and for the sake of the
-community in which he lives, to undergo some ceremony of purification
-in order to rid himself of the dangerous and infectious pollution.
-This notion will be illustrated in a following chapter. In the present
-connection I merely desire to point out that the pollution is there,
-whether the shedding of blood was intentional or accidental. And, as
-will be shown, though this state of uncleanness does not intrinsically
-involve guilt, it easily becomes a cause of moral disapproval, whilst
-the ceremony of purification is apt to be looked upon in the light of
-punishment. We shall also find that the notion of a persecuting ghost
-may be replaced by the notion of an avenging god, it being a fact of
-common occurrence that the doings or functions of one mysterious being
-are transferred to another. We shall, finally, see that the infection
-of uncleanness is shunned by gods even more than it is shunned by men;
-and this largely helps to explain the attitude of religion towards
-unintentional and unforeseen shedding of human blood.
-
-There are other, more general reasons for the want of discrimination
-often displayed by religion in regard to the accidental transgression
-of a religious law. When a thing is _taboo_ in the strict sense of the
-word, it is supposed to be charged with mysterious energy which will
-injure or destroy the person who eats or touches the forbidden thing,
-whether he does so wilfully or by mistake. As Professor Jevons
-correctly observes, "the action of taboo is always mechanical; contact
-with the tabooed object communicates the taboo infection as certainly
-as contact with water communicates moisture. . . . The intentions of
-the taboo-breaker have no effect upon the action of the taboo; he may
-touch in ignorance, or for the benefit of the person he touches, but
-he is tabooed as surely as if his motive were irreverent or his action
-hostile."[112] So, also, according to primitive notions, the effect of
-a curse or an {234} oath is purely mechanical; hence a person who
-swears falsely in ignorance exposes himself to no less danger than a
-person who perjures himself knowingly. As regards religious offences
-in the strictest sense of the term--that is, offences against some god
-which are supposed to arouse his resentment--it should be remembered
-that, just as a man who is hurt is unable to judge on the matter as
-coolly as does the community at large, so a god whose ordinances are
-transgressed is thought to be less discriminating in his anger than a
-disinterested human judge, and, consequently, more apt to be
-influenced by the external event. And where nearly every calamity is
-regarded as a divine punishment, a person who is suffering without
-knowing what sin he has committed, naturally infers that a god is
-punishing him for some secret fault.
-
-[Footnote 112: Jevons, _Introduction to the History of Religion_, p. 91.]
-
-Thus it may be that, in the point which we are discussing, as in
-various other respects, the religious beliefs of a people do not
-faithfully represent their general notions of moral responsibility. It
-is profoundly wrong to assume, from the legend of Oedipus and other
-similar cases, that the ancient Greeks, in general, held a person
-"equally responsible for an accident which occurs to him, and for an
-act of which the agent is aware." Even the transgression of a sacred
-law, when committed in ignorance, seems to have excited pitiful horror
-rather than moral indignation. Oedipus had killed his father in
-self-defence, and married his mother, perfectly ignorant of his
-relation to them. The gods punished the Thebans with pestilence for
-harbouring such a wretch on their soil. But when "time that sees all,
-found him out in his unwitting sin," it was not blame, but terror and
-deep compassion for the unhappy man that, according to the
-tragedian,[113] spoke from the lips of the people. Moreover, in the
-latter tragedy Oedipus persistently vindicates his innocence:--"Whatever
-I have done was done unwittingly"--"Before the law I have no guilt."
-And, addressing himself to Creon, who has accused him of parricide and
-incest, he {235} exclaims:--"O shameless soul, where, thinkest thou,
-falls this thy taunt,--on my age, or on thine own? Bloodshed--incest
---misery--all this thy lips have launched against me,--all this that
-I have borne, woe is me! by no choice of mine: for such was the pleasure
-of the gods, wroth, haply, with the race from of old. . . Tell me, now,
---if, by voice of oracle, some divine doom was coming on my sire, that he
-should die by a son's hand, how couldst thou justly reproach me
-therewith, who was then unborn, whom no sire had yet begotten, no
-mother's womb conceived? And if, when born to woe--as I was born--I
-met my sire in strife, and slew him, all ignorant what I was doing,
-and to whom,--how couldst thou justly blame the unknowing deed?[114]
-Never was a more pathetic appeal made to the court of Justice from the
-indiscriminate verdict of angry gods.
-
-[Footnote 113: Sophocles, _[OE]dipus Tyrannus_.]
-
-[Footnote 114: _Idem_, _[OE]dipus Coloneus_, 960 _sqq._ (Jebb's
-translation, p. 155).]
-
-Whilst the grossest want of discrimination may thus be explained from
-revengeful feelings and superstitious beliefs, there still remain a
-multitude of cases which must be regarded as genuine expressions of
-moral indignation. As to these, it should, first, be remembered that
-even the reflecting moral consciousness may hold a person blamable for
-the unintentional and unforeseen infliction of an injury, namely, in
-cases where it assumes want of proper foresight. Now, as we know, it
-is often difficult enough to discern whether, or to what extent, an
-unintended injury is due to carelessness on the part of the agent;
-sometimes even it is no easy thing to tell whether an injury was
-intended or not. It is not to be expected, then, that distinctions of
-so subtle a nature should be properly made by the uncultured mind, and
-least of all is it to be expected that such distinctions should be
-embodied in early custom and law, which are based on average cases and
-allow of no minute individualisation. It has been observed that the
-roughness of Teutonic justice may be partly explained from the
-difficulty in getting any proof of intention or of its absence, from
-the lack of any proper distinctions between {236} misadventure and
-carelessness, and from the fact that the so-called misadventures of
-early times covered many a blameworthy act.[115] And all this holds
-good not merely of the ancient Teutons. It may further be said that
-the more defective the power of discrimination, the greater is the
-tendency to presume guilt. In Morocco a man who runs away after
-killing another is presumed to have committed the deed intentionally,
-however innocent he really may be. Among the Teutons the presumption
-was always against the manslayer; he had to proclaim what he had done,
-and to prove that the deed was not intended[116]--unless, indeed, the
-misadventure belonged to a certain type of injuries which by their
-very nature entailed no guilt. For instance, if a man carried a spear
-level on his shoulder and another ran upon the point, he was free from
-blame; whereas, if harm ensued by pure accident from a distinct act,
-the agent was liable.[117] As von Amira remarks, the Swedish notion of
-_vadhaværk_ was not a merely negative conception, but implied that
-there was danger connected with the act.[118]
-
-[Footnote 115: Pollock and Maitland, _op. cit._ i. 55; ii. 475, 483.
-von Amira, _Nordgermanisches Obligationenrecht_, i. 377 _sq._]
-
-[Footnote 116: Wilda, _op. cit._ i. 345. Brunner, _Forschungen_, p.
-500 _sq._ Pollock and Maitland, _op. cit._ ii. 471.]
-
-[Footnote 117: Wilda, _op. cit._ p. 584. Trummer, _op. cit._ i. 427.
-Brunner, _Forschungen_, p. 499 _sq._ von Amira, 'Recht,' in Paul's
-_Grundriss der germanischen Philologie_, ii. pt. ii. 172. Pollock and
-Maitland, _op. cit._ i. 53 _sq._]
-
-[Footnote 118: von Amira, _Nordgermanisches Obligationenrecht_, i. 377.]
-
-Where the distinction between guilt and innocence is difficult to
-draw, it may be wise policy to presume guilt. According to Sir R.
-Burton, the Mpongwe jurists say that little or no difference is
-generally made between wilful murder and accidental manslaughter in
-order that people should be more careful;[119] and a similar idea may
-lie at the bottom of the Dahoman law which punishes capitally any
-person whose house takes fire, even if it happens accidentally.[120]
-But the presumption of guilt is not only, nor in the first place,
-owing to considerations of social utility, combined with a reckless
-indifference to undeserved suffering. {237} The unreflecting mind is
-shocked by the harm done, and cares little for the rest. It does not
-press the question whether the harm was caused by the agent's will or
-not. It does not make any serious attempt to separate the external
-event from the will, and it is inclined to assume that there is a
-coincidence between the two. This is not altogether bad psychology
-since, as a rule, men will what they do. "Le fait juge l'homme," says
-an old French proverb; and in morals, also, "the tree is known by the
-fruit." However, there are cases of injuries in which not even
-uncivilised men can fail to discover, at once, the absence of any evil
-intention. This certainly does not mean that the injurer escapes all
-censure. Every feeling of pain, sympathetic pain included, which is
-caused by a living being, has a certain tendency to give rise to an
-aggressive impulse towards its cause; hence savages, even though they
-distinguish between intentional and unintentional harm, are inclined
-to impute some degree of guilt to any person who involuntarily commits
-a forbidden deed, though he be in reality quite innocent. But the
-reason for this is only want of due reflection. If it is clearly
-understood that a certain event is the result of merely external
-circumstances, that it was neither intended by the agent nor could
-have been foreseen by him, in other words, that it in no way was
-caused by his will--then there could be no moral indignation at all.
-It would be simply absurd to suppose that an outward event as such,
-assumed to be absolutely unconnected with any defect of will, could
-ever give rise to moral blame. Such an event could not even call forth
-a feeling of revenge. Sudden anger itself cools down when it appears
-that the cause of the inflicted pain was a mere accident. Even a dog,
-as has been observed, distinguishes between being stumbled over and
-being kicked.
-
-[Footnote 119: Burton, _Two Trips to Gorilla Land_, i. 105.]
-
-[Footnote 120: Ellis, _E[(w]e-speaking Peoples of the Slave Coast_,
-p. 224.]
-
-That the indiscriminate attitude of early custom and law towards
-accidental injuries does not imply any difference in principle between
-the enlightened and unenlightened moral consciousness as regards the
-subject of moral valuation, {238} becomes perfectly obvious when we
-consider what a great influence the outward event exercises upon moral
-estimates even among ourselves. "The world judges by the event, and
-not by the design," says Adam Smith. "Everybody agrees to the general
-maxim, that as the event does not depend on the agent, it ought to
-have no influence upon our sentiments, with regard to the merit or
-propriety of his conduct. But when we come to particulars, we find
-that our sentiments are scarce in any one instance exactly conformable
-to what this equitable maxim would direct."[121] Even in the criminal
-laws of civilised nations chance still plays a prominent part.
-According to the present law of England, though a person is not
-criminally liable for the involuntary and unforeseen consequences of
-acts which are themselves permissible, the case is different if he
-commits an act which is wrong and criminal,[122] or, as it seems, even
-if he commits an act which is wrong without being forbidden by
-law.[123] Thus death caused unintentionally is regarded as murder, if
-it takes place within a year and a day[124] as the result of an
-unlawful act which amounts to a felony.[125] For instance, a person
-kills another accidentally by shooting at a domestic fowl with intent
-to steal it, and he will probably be convicted of murder.[126] Again,
-a near-sighted man drives at a rapid rate, sitting at the bottom of
-his cart, and thereby causes the death of a foot-passenger; he is
-guilty of manslaughter.[127] A man recklessly and wantonly throws a
-lighted match into a haystack, careless whether it take fire or not,
-and so burns down the stack; his crime is arson. But if he did not
-intend to throw the lighted match on the haystack, he would probably
-not be guilty of any offence at all, "unless death was caused, in
-which case he would be guilty of manslaughter."[128] Even if the
-unintended death is to some {239} extent owing to the negligence of
-the injured party himself, it may be laid to the charge of the
-injurer. This at all events was the law in Hale's time, "If a man," he
-says, "receives a wound, which is not in itself mortal, but either for
-want of helpful applications, or neglect thereof, it turns to a
-gangrene, or a fever, and that gangrene or fever be the immediate
-cause of his death, yet, this is murder or manslaughter in him that
-gave the stroke or wound."[129] So far as I know, the severity of the
-English law on unintentional homicide--which, in fact, is a survival
-of ancient Teutonic law[130]--is without a parallel in the European
-legislation of the present day. Both the French[131] and the
-German[132] laws are much less severe; and so is the Ottoman Penal
-Code,[133] and Muhammedan law in general.[134] Yet the unintended
-deadly consequence of a criminal act always affects the punishment
-more or less.
-
-[Footnote 121: Adam Smith, _Theory of Moral Sentiments_, p. 152.]
-
-[Footnote 122: According to Harris (_Principles of the Criminal Law_,
-p. 156), the act should be a _malum in se_, not merely a _malum quia
-prohibitum_.]
-
-[Footnote 123: Kenny, _op. cit._ p. 41.]
-
-[Footnote 124: Stephen, _History of the Criminal Law of England_,
-iii. 8.]
-
-[Footnote 125: _Ibid._ iii. 22.]
-
-[Footnote 126: _Ibid._ iii. 83.]
-
-[Footnote 127: Harris, _op. cit._ p. 157.]
-
-[Footnote 128: Stephen, _op. cit._ ii. 113.]
-
-[Footnote 129: Hale, _History of the Pleas of the Crown_, i. 428.]
-
-[Footnote 130: _Lex Wisigothorum_, vi. 5. 6: "Si dum quis calce, vel
-pugno, aut quacumque percussione injuriam conatur inferre, homicidii
-extiterit occasio, pro homicidio puniatur."]
-
-[Footnote 131: _Code Pénal_, art. 309.]
-
-[Footnote 132: _Strafgesetzbuch_, art. 226.]
-
-[Footnote 133: _Ottoman Penal Code_, art. 177. _Cf._ _ibid._ art. 174.]
-
-[Footnote 134: Sachau, _op. cit._ p. 761 _sq._]
-
-I presume that nobody after due deliberation would maintain that the
-moral guilt of the offender is enhanced by the death of him whom he
-involuntarily happened to kill. Sir James Stephen, nevertheless, makes
-an attempt to defend, from a moral point of view, the severe English
-law on the subject, which he thinks "is much to be preferred to the
-law of France." He asks, "Is there anything to choose morally between
-the man who violently stabs another in the chest with the definite
-intention of killing him, and a man who stabs another in the chest
-with no definite intention at all as to the victim's life or death,
-but with a feeling of indifference whether he lives or dies?"[135]
-Perhaps not. But I venture to maintain that there is a considerable
-moral difference between the man who shoots at another with the
-definite intention of killing him, and the man who, firing at
-another's chickens, with the intention of stealing them, accidentally
-kills the owner whom {240} he does not see. It will perhaps be argued
-that the law has a utilitarian purpose, its object being to make
-people more careful. But if this were the case one would expect that
-the law should punish with equal severity acts which involve the same
-degree of danger, and which result in similar injuries. To fire at a
-sparrow may be as dangerous to people's lives as to fire at another
-person's chicken, and, in the latter case, the danger is hardly
-increased by the intention to steal the chicken. I take the truth to
-be this. The degree of punishment corresponds to the degree of
-indignation aroused by the deed. Public imagination is shocked by the
-actual event. The agent, being guilty either of criminal intention, or
-of gross disregard of other people's interests, or of criminal
-heedlessness, is a proper object of punishment. Owing to that want of
-discrimination which characterises the popular mind, his guilt is
-exaggerated on account of the grave consequences of his act; and the
-result is that he is punished not only for the fault of his will, but
-for his bad luck as well. Sir James Stephen seems to admit this, when
-saying that the shock which the offence gives to the public feeling
-requires that the offender should himself suffer "a full equivalent
-for what he has inflicted," from which "he ought to be excused only on
-grounds capable of being understood by the commonest and most vulgar
-minds."[136] Though thoroughly dissenting from the opinion that
-criminal law should try to gratify the feelings of "the commonest and
-most vulgar minds," I think that, as a matter of fact, it is not much
-above their standard of justice, being in the main an expression of
-public sentiments.
-
-[Footnote 135: Stephen, _op. cit._ iii. 91 _sq._]
-
-[Footnote 136: _Ibid._ iii. 91.]
-
-       *       *       *       *       *
-
-In the cases which we have hitherto considered the external event
-which a person brings about involuntarily, either makes him liable to
-punishment though he really is free from guilt, or increases his
-punishment beyond the limits of his guilt. But the influence of chance
-also shows {241} itself in the opposite way. A person who is guilty of
-carelessness generally escapes all punishment if no injurious result
-follows, and an unsuccessful attempt to commit a criminal act, if
-punished at all, is, as a rule, punished much less severely than the
-accomplished act.
-
-The Hottentots nowadays punish attempt, but only leniently.[137] The
-Wadshagga punish it less severely than the accomplished act.[138]
-Among some of the Marshall Islanders it is not punished at all.[139]
-The same holds good of the Ossetes[140] and Swanetians[141] of the
-Caucasus, as also of ancient Russian law.[142] The Teutons, as a
-general rule, had no punishment for him who tried to do harm, but
-failed; and if they did punish an unsuccessful attempt, the penalty
-was out of proportion lenient.[143] This feature of ancient Teutonic
-law has had a lasting effect upon European legislation, largely
-through the influence it exercised upon the Italian jurists of the
-Middle Ages,[144] whose theories laid the foundation of modern laws
-and doctrines on attempt. In conformity with the Roman law, they held
-attempts to commit crimes to be punishable, and in atrocious cases
-they even admitted that the attempt might be subject to the same
-punishment as the accomplished crime. But their general theory was
-that it should be punished less severely, and that the penalty should
-be lenient in proportion as the actual deed was remote from the act
-intended.[145] These views were generally adopted by the later
-legislation. Among present European lawbooks, the French Code
-Pénal[146] is almost the only one that punishes an attempt {242} with
-the same severity as the finished crime.[147] And the French law on
-the subject is of modern origin; before the year IV. the present rule
-was applied only to the _conatus proximus_ in a few specified cases of
-a very heinous character.[148]
-
-[Footnote 137: Kohler, in _Zeitschr. f. vergl. Rechtswiss._ xv. 353.]
-
-[Footnote 138: Merker, quoted by Kohler, _ibid._ xv. 63.]
-
-[Footnote 139: Kohler, _ibid._ xiv. 418.]
-
-[Footnote 140: Kovalewsky, _Coutume contemporaine_, p. 296 _sq._]
-
-[Footnote 141: Dareste, _Nouvelles études d'histoire du droit_, p. 237.]
-
-[Footnote 142: Kovalewsky, _op. cit._ pp. 291, 299.]
-
-[Footnote 143: Wilda, _op. cit._ p. 598 _sqq._ Zachariä, _Die Lehre
-vom Versuche der Verbrechen_, i. 164 _sqq._; ii. 130 _sq._ Brunner,
-_Deutsche Rechtsgeschichte_, ii. 558 _sqq._ Pollock and Maitland,
-ii. 475, 509.]
-
-[Footnote 144: Seeger, _Versuch der Verbrechen in der Wissenschaft des
-Mittelalters_, p. 8.]
-
-[Footnote 145: Zachariä, _op. cit._ i. 169; ii. 141. von
-Feuerbach-Mittermaier, _Lehrbuch des Peinlichen Rechts_, p. 74.]
-
-[Footnote 146: _Code Pénal_, art. 2: "Toute tentative de crime qui
-aura été manifestée par un commencement d'exécution, si elle n'a été
-suspendue ou si elle n'a manqué son effet que par des circonstances
-indépendantes de la volonté de son auteur, est considérée comme le
-crime même."]
-
-[Footnote 147: Chauveau and Hélie, _Théorie du Code Pénal_, i. 347 _sq._]
-
-[Footnote 148: _Ibid._ i. 337 _sq._]
-
-Besides the provision of the Code Pénal concerning attempt, there are
-a few other exceptions, of an earlier date, to the general rule. The
-Romans seemed to have followed the principle "dolus pro facto
-accipitur,"[149] at least if the crime attempted was a serious
-one.[150] A somewhat similar line was adopted by ancient Irish law.
-The general impression produced by the rules in the commentary to the
-Book of Aicill is, that the attempt to commit an injurious act was
-treated as equivalent to its commission, unless the result was very
-insignificant. Thus, if an attempt was made to slay, or to inflict an
-injury which would endure for life, and blood was shed, the fine was
-the same as if the attempt had succeeded; whereas, if the injury did
-not amount to the shedding of blood, the fine was reduced
-one-half.[151] And if a man went to kill one person and killed another
-by mistake, a fine for the intention, in addition to the fine due to
-the friends of the murdered man, was due to him whose death was
-intended, even though no injury was actually done to him.[152] In
-England, at the end of the Middle Ages, the will was taken for the
-deed in cases of obvious attempts to murder; but this rule appears to
-have been considered too severe--even in an age when death was the
-common punishment for felony--and to have fallen into disuse several
-centuries ago.[153]
-
-[Footnote 149: _Digesta_, xlviii. 8. 7.]
-
-[Footnote 150: Seeger, _Versuch der Verbrechen nach römischcm Recht_,
-pp. 1, 2, 49. _Idem_, _Versuch der Verbrechen in der Wissenschaft des
-Mittelalters_, p. 9. Mommsen, _Römisches Strafrecht_, p. 97 _sq._
-Apuleius, _Florida_, iv. 20:--"In maleficiis etiam cogitata scelera
-non perfecta adhuc vindicantur, cruenta mente, pura manu. Ergo sicut
-ad poenam sufficit meditari punienda."]
-
-[Footnote 151: _Ancient Laws of Ireland_, iii. pp. cviii. _sq._ 139.]
-
-[Footnote 152: Cherry, _Growth of Criminal Law in Ancient
-Communities_, p. 32.]
-
-[Footnote 153: Stephen, _op. cit._ ii. 222 _sq._ Thomas Smith,
-_Common-wealth of England_, p. 194 _sq._]
-
-{243} The question, which attempts should be punished, and even the
-elementary question, what constitutes an attempt, have been answered
-differently by different jurists and legislators.[154] In England all
-attempts whatever to commit indictable offences, whether felonies or
-misdemeanours, are punishable by law.[155] The French[156] and
-German[157] codes, on the other hand, do not punish, except in a few
-particular cases, attempts to commit _délits_ or _Verbrechen_, that
-is, what the English jurists would describe as misdemeanours.
-
-[Footnote 154: See Cohn, _Zur Lehre vom versuchten und unvollendeten
-Verbrechen_, i. 6 _sqq._]
-
-[Footnote 155: Stephen, _op. cit._ ii. 224.]
-
-[Footnote 156: _Code Pénal_ art. 3.]
-
-[Footnote 157: _Strafgesetzbuch_, art. 43.]
-
-Again, should a person be punished for attempting to commit a crime in
-a manner in which success is physically impossible, as if he attempts
-to steal from a pocket which is empty, or puts into a cup pounded
-sugar which he believes to be arsenic? This question has given rise to
-a whole literature. Seneca's statement that "he who mixes a sleeping
-draught, believing it to be poison, is a poisoner,"[158] seems to have
-had the support of Roman law.[159] In England, some time ago, the man
-who attempted to pick an empty pocket, was not held liable for an
-attempt to steal;[160] but this case has been overruled, and it
-appears now to be the law that an indictment would lie for such an
-attempt.[161] According to the French[162] and Italian[163] codes, it
-would not be punished, according to some German law-books, it
-would;[164] whilst the Strafgesetzbuch contains no special provisions
-for attempts of a similar character.
-
-[Footnote 158: Seneca, _De beneficiis_, v. 13. _Cf._ _Idem_, _Ad
-Serenum_, 7.]
-
-[Footnote 159: Seeger, _Versuch nach römischem Recht_, p. 30.]
-
-[Footnote 160: Stephen, _op. cit._ ii. 225.]
-
-[Footnote 161: Harris, _Principles of the Criminal Law_, p. 209 n. _c._]
-
-[Footnote 162: Stephen, _op. cit._ ii. 225.]
-
-[Footnote 163: Alimena, in _Le droit criminel des états européens_,
-ed. by von Liszt, p. 123.]
-
-[Footnote 164: von Feuerbach-Mittermaier, _op. cit._ p. 76. Cohn, _op.
-cit._ i. 14.]
-
-Finally there are different rules as to the stage at which an attempt
-begins to be criminal, or as to the distinction between attempts and
-acts of preparation. The Romans, it is supposed, drew no such
-distinction.[165] The French law regards as permissible acts of
-preparation many {244} things which in England would be punished as
-attempts.[166] In England lighting a match with intent to set fire to
-a haystack has been held to amount to a criminal attempt to burn it,
-although the defendant blew out the match on seeing that he was
-watched. But it was said in the same case that, if he had gone no
-further than to buy a box of matches for the purpose, he would not
-have been liable, the act being too remote from the offence to be
-criminal.[167] "Liability will not begin until the offender has done
-some act which not only manifests his _mens rea_ but also goes some
-way towards carrying it out."[168]
-
-[Footnote 165: Seeger, _Versuch nach römischem Recht_, p. 49.]
-
-[Footnote 166: Chauveau and Hélie, _op. cit._ i. 357 _sqq._ Stephen,
-_op. cit._ ii. 226.]
-
-[Footnote 167: Holmes, _Common Law_. p. 67 _sq._]
-
-[Footnote 168: Kenny, _op. cit._ p. 79.]
-
-If we go a step further, we come to designs unaccompanied by any
-attempt whatever to realise them. The laws of all countries agree as
-to the principle that an outward event is requisite for the infliction
-of punishment. "Cogitationis p[oe]nam nemo patitur."[169]
-
-[Footnote 169: _Digesta_, xlviii. 19. 18.]
-
-This fact again illustrates the influence which external deeds
-exercise upon the moral feelings of men. In the average man moral
-emotions are hardly ever called into existence by calm and penetrating
-reflection. There are certain phenomena which for some reason or other
-are apt to arouse in him such emotions, but he does not seek for them.
-They must force themselves upon his mind, and the more vigorously they
-do so, the stronger are the emotions they excite. Nothing makes a
-greater impression on him than facts which are perceptible by the
-senses. He will admit that an intention, or even a mere wish, to do
-something wrong is wrong by itself, but an outward event is generally
-needed for shaking him up. This, I think, is the original reason why
-persons have not been punished for intentions unaccompanied by
-external deeds. No doubt, the principle that "the thought of man shall
-not be tried," is strongly supported by the fact that, as a mediæval
-writer puts it, "the devil himself knoweth not the thought of
-man."[170] But considering how ready people {245} have been to presume
-guilt in cases of unintentional injuries, it seems very incredible
-that they originally refrained from punishing bare intentions merely
-on account of insufficient evidence. Indeed, as an exception to the
-rule, in a few cases when the crime designed is regarded with extreme
-horror, the very intention may give such a shock to public imagination
-as to call for punishment.
-
-[Footnote 170: Quoted by Pollock and Maitland, _op. cit._ ii. 474.]
-
-According to Chinese law, "any person convicted of a design to kill
-his or her father or mother, grandfather or grandmother, whether by
-the father's or mother's side; and any woman convicted of a design to
-kill her husband, husband's father or mother, grandfather or
-grandmother, shall, whether a blow is, or is not struck in
-consequence, suffer death by being beheaded."[171] This exceptional
-law obviously owes its origin to the extreme reverence in which
-parents and ancestors are held by the Chinese, and to the wife's
-subjection to her husband. In mediæval laws referring to heresy we
-have another instance of punishment being inflicted for a mere state
-of mind without any corresponding act. According to Julius Clarus,
-this exception to the rule is due to the fact that the crime of heresy
-itself consists in "sola mentis cogitatione."[172] But the real reason
-why the law in this case troubled itself about men's thoughts, and
-even allowed them to be put on their trial for their tacit opinions on
-bare suspicion, is the detestation in which heresy was held and the
-extreme attention it attracted. By all this, of course, I do not mean
-to deny that a judicious and enlightened legislator may find other
-grounds for taking no notice of mere intentions than their inability
-to arouse public indignation. I only speak of matters of
-fact.
-
-[Footnote 171: _Ta Tsing Leu Lee_, sec. cclxxxiv. p. 305.]
-
-[Footnote 172: Julius Clarus, _Practica Criminalis_, qu. 91 (_Opera
-omnia_, ii. 625).]
-
-Again, as regards acts of preparation and many cases of unsuccessful
-attempts, it may be said that the agent perhaps would have altered his
-mind before he came to the point, or that the failure of his attempt
-was possibly due {246} to a change of intention in the last
-moment.[173] But there are innumerable cases in which the attempt,
-with no less certainty than the accomplished crime, displays a
-criminal intention which is final. And it is particularly instructive
-to note that, among the very peoples who treat unintentional injuries
-with the greatest severity, unsuccessful attempts are treated with the
-greatest leniency. This is well illustrated by a comparison between
-Teutonic and Roman law; in either case the former chiefly looks at the
-event, the latter chiefly at the intention of the agent. If there is
-no punishment for a bare attempt to commit a crime, that is because
-such an attempt makes no impression on the public. If an attempt is
-punished more heavily according as it is more advanced, that is
-because it calls forth greater indignation in proportion as it comes
-near to the crime intended. And if even the _conatus proximus_ is
-punished with less severity than the accomplished crime, that is
-because the indignation it evokes is less. This explanation is
-corroborated by concessions made by theorisers who have in vain
-endeavoured to find more rational grounds for existing laws on
-attempt. They have ultimately found it necessary to resort to phrases
-such as "the natural sense of justice," or to appeal to the feelings
-of the multitude.[174] {247} M. Rossi observes, "Nous pensons que le
-sens commun et la conscience publique ont constamment tenu le même
-langage. 'Le délit n'a pas été consommé, donc la punition doit être
-moindre.' Cette idée de proportion matérielle, ce sentiment de
-justice, grossière j'en conviens, est naturel à l'homme."[175] This is
-the view taken by the unreflecting moral consciousness. To him whose
-feelings are tempered by thought, "a man," as Seneca says, "is no less
-a brigand, because his sword becomes entangled in his victim's
-clothes, and misses its mark."[176]
-
-[Footnote 173: As a rule, the man who voluntarily desists from the
-attempt to commit a crime would not be punished at all (see Seeger,
-_Versuch nach römischem Recht_, p. 50; Charles V.'s _Peinliche
-Gerichts Ordnung_, art. 178; the French _Code Pénal_, art. 2; the
-Italian _Codice Penale_, art. 61; Finger, _Compendium des
-österreichischen Rechtes--Strafrecht_, i. 181; and, for various German
-laws, Zachariä, _op. cit._ ii. 311 _sq._, and Cohn, _op. cit._ i. 12
-_sq._), or he would be punished more leniently than if there had been
-no such desistance (Zachariä, ii. 239, _sqq._ Cohn, i. 12 _sq._). On
-this subject see also Herzog, _Rücktritt vom Versuch und Thätige
-Reue_, _passim_.]
-
-[Footnote 174: Lelièvre, _De conatu delinquendi_, p. 361 (quoted by
-Zachariä, _op. cit._ ii. 66, n. 2): "Ceterum libenter fateor, me
-potius sentire aliquam necessitatem paululum levius in perfectum
-crimen ac in maleficium consummatum animadvertendi, quam reddere
-posse claram necessitates rationem." Abegg, _Die verschiedenen
-Strafrechtstheorieen_, p. 65: "Für uns folgt aber jene nothwendige
-Beobachtung der concreten Unterschiede, in dem Gebiete der
-Erscheinung, nach der aus dem Gerechtigkeitsprincipe abgeleiteten
-Regel, dass Jeder für _seine That_, und was er _verdient_ habe, leiden
-solle." Zachariä, _op. cit._ ii. 51:--"So macht sich in dem
-natürlichen Gerechtigkeits-Gefühl des Einzelnen und des ganzen Volkes
-auch von selbst die Unterscheidung zwischen der Strafe des vollendeten
-und der des blos versuchten Verbrechens geltend. . . . Es kann
-freilich seyn, dass der grösste Theil der Menschen für ein solches
-natürliches Gefühl keine Gründe anzugeben vermag; allein das
-Strafrecht, welches ja gerade auf die grosse Menge zu wirken hat, kann
-dessenungeachtet solche unwillkürlich im Volke sich geltend machende
-Ansichten nicht unberücksichtigt lassen." _Cf._ also Finger, _op.
-cit._ i. 177.]
-
-[Footnote 175: Rossi, _Traité de droit pénal_, ii, 318.]
-
-[Footnote 176: Seneca, _Ad Serenum_, 7.]
-
-       *       *       *       *       *
-
-In the same way as moral indignation, is moral approval influenced by
-external events. Though we would not praise a person for some deed of
-his which we clearly recognise to reflect no merit on his will, the
-benefits which result from a good act easily induce us to exaggerate
-the goodness of the agent. On the other hand, it is success alone that
-confers upon a man the full reward which he deserves; good intentions
-without corresponding deeds meet with little applause even when the
-failure is due to mere misfortune. "In our real feeling or sentiment,"
-Hume observes, "we cannot help paying a greater regard to one whose
-station, joined to virtue, renders him really useful to society, than
-to one who exerts the social virtues only in good intentions and
-benevolent affections."
-
-       *       *       *       *       *
-
-It is thus only from want of due reflection that moral judgments are
-influenced by outward deeds. Owing to its very nature, the moral
-consciousness, when sufficiently influenced by thought, regards the
-will as the only proper object of moral disapproval or moral praise.
-That moral qualities are internal, is not an invention of any
-particular moralist or any particular religion; it has been recognised
-by thoughtful men in many different countries and different {248}
-ages. "He that is pure in heart is the truest priest," said
-Buddha.[177] In the Taouist work, 'Kan ying peen,' it is written:--"If
-you form in your heart a good intention, although you may not have
-done any good, the good spirits follow you. If you form in your heart
-a bad intention, although you may not have done any harm, the evil
-spirits follow you."[178] According to the Thâi-Shang, mere wishes are
-sufficient to constitute badness.[179] One of the Pahlavi texts puts
-the following words into the mouth of the Spirit of Wisdom:--"To be
-grateful in the world, and to wish happiness for every one; this is
-greater and better than every good work."[180] God, says the Koran,
-"will not catch you up for a casual word in your oaths, but He will
-catch you up for what your hearts have earned."[181] According to the
-Rabbis, the thought of sin is worse than sin, and an unchaste thought
-is a "wicked thing."[182] It was an ancient Mexican maxim that "he who
-looks too curiously on a woman commits adultery with his eyes"[183]--a
-striking parallel to the passage in St. Matthew v. 28. "Voluntas
-remuneratur, non opus," says the Canonist. "Licet gladio non occidat,
-voluntate tamen interficit." "Non ideo minus delinquit, cui sola deest
-facultas."[184]
-
-[Footnote 177: Hopkins, _Religions of India_, p. 319.]
-
-[Footnote 178: Douglas, _Confucianism and Taouism_, p. 270.]
-
-[Footnote 179: _Thâi-Shang_, 4.]
-
-[Footnote 180: _Dînâ-î-Maînôgî Khirad_, lxiii. 3 _sqq._ _Cf._ _ibid._
-i. 10, where it is said that the good work which a man does
-unwittingly is little of a good work, though the sin which a man
-commits unwittingly amounts to a sin in its origin.]
-
-[Footnote 181: _Koran_, ii. 225. _Cf._ Ameer Ali, _Ethics of Islâm_,
-p. 26.]
-
-[Footnote 182: Schechter, in Montefiore, _op. cit._ p. 558. _Cf._
-Deutsch, _Literary Remains_, p. 52.]
-
-[Footnote 183: Sahagun, _Historia general de las cosas de Nueva
-España_, vi. 22, vol. ii. 147: "Dice el refran que el _que
-curiosamente mira á la muger adultéra_ con la vista."]
-
-[Footnote 184: Gratian, _Decretum_, ii. 33. 3. 25, 30, 29.]
-
-
-
-
-CHAPTER X
-
-AGENTS UNDER INTELLECTUAL DISABILITY
-
-
-WE hold an agent responsible not only for his intention, but for any
-known concomitant of his act, as also for any such unknown concomitant
-of it as we attribute to want of due attention. But for anything which
-he could not be aware of he is not responsible. Hence certain classes
-of agents--animals, children, idiots, madmen--are totally or partially
-exempted from moral blame and legal punishment.
-
-Though animals are undoubtedly capable of acting, we do not regard
-them as proper objects of moral indignation. The reason for this is
-not merely the very limited scope of their volitions and their
-inability to foresee consequences of their acts, since these
-considerations could only restrict their responsibility within
-correspondingly narrow limits. Their total irresponsibility rests on
-the presumption that they are incapable of recognising any act of
-theirs as right or wrong. If the concomitant of an act is imputable to
-the agent only in so far as he could know it, it is obvious that no
-act is wrong which the agent could not know to be wrong.
-
-It is a familiar fact that, by discipline, we may teach domesticated
-animals to live up to a certain standard of behaviour, but this by no
-means implies that we awake in them moral feelings. When some writers
-credit dogs and apes with a conscience,[1] we must remember that an
-{250} observer's inference is not the same as an observed fact.[2] It
-seems that the so-called conscience in animals is nothing more than an
-association in the animal's mind between the performance of a given
-act and the occurrence of certain consequences, together with a fear
-of those consequences.[3]
-
-[Footnote 1: Romanes, _Mental Evolution in Animals_, p. 352. Perty,
-_Seelenleben der Thiere_, p. 67. Brehm, _From North Pole to Equator_,
-p. 298.]
-
-[Footnote 2: _Cf._ Lloyd Morgan, _Animal Life and Intelligence_, p. 399.]
-
-[Footnote 3: _Cf._ _ibid._ p. 405.]
-
-The following is one of the most striking instances of what
-Professor Romanes regards as "conscience" in animals; it refers to a
-terrier which had never, even in its puppyhood, been known to steal,
-but on the contrary used to make an excellent guard to protect
-property from other animals, servants, and so forth, even though these
-were his best friends. "Nevertheless," says Professor Romanes, "on one
-occasion he was very hungry, and in the room where I was reading and
-he was sitting, there was, within easy reach, a savoury mutton chop. I
-was greatly surprised to see him stealthily remove this chop and take
-it under a sofa. However, I pretended not to observe what had
-occurred, and waited to see what would happen next. For fully a
-quarter of an hour this terrier remained under the sofa without making
-a sound, but doubtless enduring an agony of contending feelings.
-Eventually, however, conscience came off victorious, for emerging from
-his place of concealment and carrying in his mouth the stolen chop, he
-came across the room and laid the tempting morsel at my feet. The
-moment he dropped the stolen property he bolted again under the sofa,
-and from this retreat no coaxing could charm him for several hours
-afterwards. Moreover, when during that time he was spoken to or
-patted, he always turned away his head in a ludicrously
-conscience-stricken manner. Altogether I do not think it would be
-possible to imagine a more satisfactory exhibition of conscience by an
-animal than this; for . . . the particular animal in question was
-never beaten in its life." The author then adds in a note that "mere
-dread of punishment cannot even be suspected to have been the motive
-principle of action."[4] It may be so, if by punishment be understood
-the infliction of physical pain. But it can hardly be doubted that the
-terrier suspected his master to be displeased with his behaviour, and
-the dread of displeasure or reproof may certainly have been the sole
-reason for his bringing back the stolen food. Among {251} "high-life"
-dogs, as Professor Romanes himself observes, "wounded sensibilities
-and loss of esteem are capable of producing much keener suffering than
-is mere physical pain."[5] But fear of the anticipated consequences of
-an act, even when mixed with shame, is not the same as the moral
-feeling of remorse. There is no indication that the terrier felt that
-his act was wrong, in the strict sense of the word.
-
-[Footnote 4: Romanes, 'Conscience in Animals,' in _Quarterly Journal
-of Science_, xiii. 156 _sq._]
-
-[Footnote 5: _Idem_, _Animal Intelligence_, p. 439.]
-
-However, though most of us, on due reflection, would deny that animals
-are proper objects of moral censure, there is a general tendency to
-deal with them as if they were. The dog or the horse that obstinately
-refuses to submit to its master's will arouses a feeling of resentment
-which almost claims to be righteous; and the shock given to public
-feeling by some atrocious deed committed by a beast calls for
-retribution. As Adam Smith observes, "the dog that bites, the ox that
-gores, are both of them punished. If they have been the causes of the
-death of any person, neither the public, nor the relations of the
-slain, can be satisfied, unless they are put to death in their turn:
-nor is this merely for the security of the living, but, in some
-measure, to revenge the injury of the dead."[6]
-
-[Footnote 6: Adam Smith, _Theory of Moral Sentiments_, p. 137.]
-
-If thus our own resentment towards an animal which has caused some
-injury, when not duly tempered by reason, often comes near actual
-indignation, it is not surprising to find that, at the lower stages of
-human civilisation, animals are deliberately treated as responsible
-agents. The American Indian who eats the vermin which molest him
-defends his action by arguing that, as the animal has first bitten
-him, he is only retaliating the injury on the injurer.[7] The custom
-of blood-revenge is often extended to the animal world. The Kukis,
-says Mr. Macrae, "are of a most vindictive disposition; blood must
-always be shed for blood; if a tiger kills {252} any of them, near a
-_Parah_ [or village], the whole tribe is up in arms, and goes in
-pursuit of the animal; when if he is killed, the family of the
-deceased gives a feast of his flesh, in revenge of his having killed
-their relation. And should the tribe fail to destroy the tiger, in
-this first general pursuit of him, the family of the deceased must
-still continue the chase; for until they have killed either this, or
-some other tiger, and have given a feast of his flesh, they are in
-disgrace in the _Parah_, and not associated with by the rest of the
-inhabitants. In like manner, if a tiger destroys one of a hunting
-party, or of a party of warriors, on an hostile excursion, neither the
-one nor the other (whatever their success may have been) can return to
-the _Parah_, without being disgraced, unless they kill the tiger."[8]
-Of the Sea Dyaks we are told that they will not willingly take part in
-capturing an alligator, unless the alligator has first destroyed one
-of themselves; "for why, say they, should they commit an act of
-aggression, when he and his kindred can so easily repay them? But
-should the alligator take a human life, revenge becomes a sacred duty
-of the living relatives, who will trap the man-eater in the spirit of
-an officer of justice pursuing a criminal. . . . The man-eating
-alligator is supposed to be pursued by a righteous Nemesis; and
-whenever one is caught, they have a profound conviction that it must
-be the guilty one, or his accomplice, for no innocent leviathan could
-be permitted by the fates to be caught by man."[9] So, also, the
-Malagasy will never kill a crocodile, except in retaliation for one of
-their friends or neighbours who has been destroyed by a crocodile.
-"They believe that the wanton destruction of one of these reptiles
-will be followed by the loss of human life, in accordance with the
-principle of _lex talionis_. The inhabitants living in the
-neighbourhood of the lake Itàsy, to the west of the central province,
-are accustomed to make a yearly proclamation {253} to the crocodiles,
-warning them that they shall revenge the death of some of their
-friends by killing as many _voày_ in return, and warning the
-well-disposed crocodiles to keep out of the way, as they have no
-quarrel with them, but only with their evil-minded relatives who have
-taken human life."[10]
-
-[Footnote 7: Harmon, _Journal of Voyages and Travels in the Interior
-of North America_, p. 327. Southey, _History of Brazil_, i. 223. _Cf._
-Bastian, _Der Mensch in der Geschichte_, iii. 25.]
-
-[Footnote 8: Macrae, 'Account of the Kookies,' in _Asiatick
-Researches_, vii. 189.]
-
-[Footnote 9: Perham, 'Sea Dyak Religion,' in _Journal of the Straits
-Branch of the Royal Asiatic Society_, No. 10, p. 221 _sq._ _Cf._
-Frazer, _Golden Bough_, ii. 390.]
-
-[Footnote 10: Sibree, _The Great African Island_, p. 269.]
-
-Animals are not only exposed to the blood-feud, but are often exposed
-to regular punishment. This is the case among the Mambettu in Central
-Africa. Casati mentions the following instance:--"A goat was chased
-and persecuted by a dog, and in the fight for self-defence the latter
-received a thrust from the goat's horn. The poor dog, which was the
-valuable property of a powerful man, died shortly after. This serious
-matter was much discussed and commented upon, and finally referred to
-the king for judgment. The poor goat was sentenced to be slaughtered
-before its victim's corpse, its flesh was served to the Mambettu [that
-is, people of the superior race], and that of the dog to the Mege
-[that is, people of the conquered race]."[11] Among the Maori,
-according to Polack, the crime of impiety is not confined to man only,
-but even a pig straying over a sacred place incurs the punishment of
-death.[12] In Muhammedan East Africa, some time ago, a dog was
-publicly scourged for having entered a mosque.[13] The Bogos kill a
-bull or cow which causes the death of a man.[14] According to the
-native code of Malacca, if a buffalo or a head of cattle "be tied in
-the forest, in a place where people are not in the habit of passing,
-and there gore anybody to death, it shall be put to death"; but the
-owner of the animal shall not be held liable.[15] According to Hebrew
-law, "if an ox gore a man or a woman, that they die: then the ox shall
-be surely stoned, and his flesh shall not be eaten"; and, in the case
-of sexual intercourse {254} between a man, or woman, and a beast, not
-only the human offender, but the beast, is to be put to death.[16] It
-is prescribed in the Vendîdâd that, if a mad dog which bites without
-barking, smite a sheep or wound a man, "the dog shall pay for the
-wound of the wounded as for wilful murder."[17] Plato had undoubtedly
-borrowed from Attic custom or law the idea which underlies the
-following regulation in his 'Laws':--"If a beast of burden or other
-animal cause the death of any one, except in the case of anything of
-that kind happening to a competitor in the public contests, the
-kinsman of the deceased shall prosecute the slayer for murder, and the
-wardens of the country, such, and so many as the kinsman appoint,
-shall try the cause, and let the beast when condemned be slain by
-them, and let them cast it beyond the borders."[18] In various
-European countries animals have been judicially sentenced to death,
-and publicly executed, in retribution for injuries inflicted by them.
-Advocates were assigned to defend the accused animals, and the whole
-proceedings, trial, sentence, and execution, were conducted with all
-the strictest formalities of justice.[19] These proceedings seem to
-have been particularly common from the end of the thirteenth till the
-seventeenth century; the last case in France occurred as late as
-1845.[20] Not only domestic animals, but even wild ones, were thus put
-on trial.[21] "In 1565 the Arlesians asked for the expulsion of the
-grasshoppers. The case came before the Tribunal de l'Officialité, and
-Maître Marin was assigned to the insects as counsel. He defended his
-clients with much zeal. Since the accused had been created, he argued
-that they were justified in eating what was necessary to them. The
-opposite counsel cited the serpent in the Garden of Eden, and sundry
-other animals {255} mentioned in Scripture, as having incurred severe
-penalties. The grasshoppers got the worst of it, and were ordered to
-quit the territory, with a threat of anathematisation from the altar,
-to be repeated till the last of them had obeyed the sentence of the
-honourable court."[22] From an earlier period we have records of
-maledictions and excommunications of vermin and obnoxious insects. In
-1120, a bishop of Laon is reported to have excommunicated the
-caterpillars which were ravaging his diocese, with the same formula as
-that employed the previous year by the Council of Rheims in cursing
-the priests who persisted in marrying in spite of the canons.[23] Such
-maledictions and excommunications, however, were probably regarded
-rather as magical means of expulsion than as punishments.[24] Not long
-ago, when swarms of locusts ravaged the gardens of Tangier, the
-Shereef of Wazzan expelled the injurious animals by spitting into the
-mouth of one of them.
-
-[Footnote 11: Casati, _Ten Years in Equatoria_, i. 176.]
-
-[Footnote 12: Polack, _Manners and Customs of the New Zealanders_,
-i. 240.]
-
-[Footnote 13: von Amira, _Thierstrafen und Thierprocesse_, p. 30.]
-
-[Footnote 14: Munzinger, _Die Sitten und das Recht der Bogos_, p. 83.]
-
-[Footnote 15: Newbold, _British Settlements in the Straits of
-Malacca_, ii. 257.]
-
-[Footnote 16: _Exodus_, xxi. 28 _sq._ _Leviticus_, xx. 15 _sq._]
-
-[Footnote 17: _ Vendîdâd_, xiii. 31. _Cf._ _ibid._ xiii. 32 _sqq._;
-_Yasts_, xxiv. 44.]
-
-[Footnote 18: Plato, _Leges_, ix. 873.]
-
-[Footnote 19: Chambers, _Book of Days_, i. 127. Pertile, 'Gli animali
-in giudizio,' in _Atti del R. Instituto Veneto_, ser. vi. vol. iv. 139. ]
-
-[Footnote 20: von Amira, _Thierstrafen_, pp. 2, 15, 16, 28 _sq._ In
-England such proceedings seem to have hardly occurred at all (_ibid._
-p. 15), but, as we shall see, an animal which caused the death of a
-man was forfeited as deodand.]
-
-[Footnote 21: See Chambers, _op. cit._ i. 127 _sq._]
-
-[Footnote 22: Marlinengo-Cesaresco, _Essays in the Study of
-Folk-Songs_, p. 183 _sq._]
-
-[Footnote 23: Desmaze, _Les pénalités anciennes_, p. 31 _sq._]
-
-[Footnote 24: This is the opinion of von Amira, who, however--as it
-seems to me, without sufficient evidence--suggests that the
-maledictions did not refer to ordinary animals, but to human souls or
-devils in disguise (_Thierstrafen_, p. 16 _sqq._).]
-
-It has been suggested that the mediæval practice of punishing animals
-after human fashion was derived from the Mosaic law.[25] But this
-hypothesis does not account for the comparatively late appearance of
-the practice, nor for the fact that, in some cases, other punishments
-short of death were inflicted upon offending beasts.[26] It seems much
-more probable that the procedure in question developed out of an
-ancient European custom, to which it stood in the relationship of
-punishment to revenge.[27] According to the customs or laws of various
-so-called Aryan peoples--Greeks,[28] Romans,[29] Teutons,[30]
-Celts,[31] Slavs,[32]--an {256} animal which did some serious damage,
-especially if it caused the death of a man, was to be given up to the
-injured party, or his family, obviously in order that it might be
-retaliated upon.[33] According to the Welsh Laws, "that is the only
-case in which the murderer is to be given up for his deed."[34] The
-fact that afterwards, in the later Middle Ages, this form of reprisal
-was in certain instances transformed into regular punishment, only
-implies that the principle according to which punishment succeeded
-vengeance in the case of human crimes was, by way of analogy, extended
-to injuries committed by animals.
-
-[Footnote 25: _Ibid._ pp. 4, 47 _sqq._]
-
-[Footnote 26: Pertile, _loc. cit._ p. 148.]
-
-[Footnote 27: _Cf._ Brunner, _Forschungen zur Geschichte des deutschen
-und französischen Rechtes_, p. 517 _sqq._]
-
-[Footnote 28: Plutarch, _Vita Solonis_, 24. Xenophon, _Historiæ
-Græcæ_, ii. 4. 41.]
-
-[Footnote 29: _Institutiones_, iv. 9. _Digesta_, ix. 1.]
-
-[Footnote 30: _Lex Salica_ (cod. i.), 36. _Lex Ripuariorum_, 46.
-Grimm, _Deutsche Rechtsalterthümer_, p. 664 _sqq._ Brunner,
-_Forschungen_, p. 513 _sqq._]
-
-[Footnote 31: _Ancient Laws of Ireland_, i. 161; iv. 177, 179, 181.
-_Welsh Laws_, iv. i. 17 (_Ancient Laws and Institutes of Wales_,
-p. 391).]
-
-[Footnote 32: Macieiowski, _Slavische Rechtsgeschichte_, iv. 333.]
-
-[Footnote 33: See _Lex Wisigothorum_, viii. 4. 20; _Schwabenspiegel_,
-Landrechtbuch, 204; Dirksen, _Civilistische Abhandlungen_, i. 104; von
-Jhering, _Geist des römischen Rechts_, i. 123; Hepp, _Die Zurechnung
-auf dem Gebiete des Civilrechts_, p. 103; Grimm, _Deutsche
-Rechtsalterthümer_, p. 664; Brunner, _Deutsche Rechtsgeschichte_, ii.
-556; _Idem_, _Forschungen_, p. 513.]
-
-[Footnote 34: _Welsh Laws_, iv. 1. 17 (_Ancient Laws and Institutes of
-Wales_, p. 391).]
-
-There has been considerable diversity of opinion concerning the
-purpose of inflicting punishments upon animals. Some writers suggest
-that it was possibly done with a view to deterring other animals from
-committing similar injuries.[35] According to others, the animal was
-executed in order that the hateful act should be forgotten; Gratian,
-referring to St. Augustine,[36] says, "Non propter culpam, sed propter
-memoriam facti pecus occiditur, ad quod mulier accesserit."[37] A
-theory which has gained much adherence explains the punishment as a
-symbolic act, performed for the purpose of inspiring horror of the
-crime into the minds of men.[38] M. Thonissen maintains that, at
-Athens, "on frappait l'animal auteur d'un homicide, afin que le
-peuple, en voyant périr un être privé de raison, conçut une grande
-horreur pour l'effusion du sang humain."[39] It has also been supposed
-that the animal was punished with intention to intimidate those {257}
-who were responsible for its acts,[40] or that it was killed because
-it was dangerous.[41] But the true solution of the problem seems
-simple enough. The animal had to suffer on account of the indignation
-it aroused. It was regarded as responsible for its deed.[42] In early
-records the punishment is frequently spoken of as an act of
-"justice";[43] and the protests of Beaumanoir and others against this
-opinion[44] only show that it was held in good earnest, if not by all,
-at least by many. From certain details we can also see how closely the
-responsibility ascribed to animals resembled the responsibility of
-men. In some of the texts of the Salic law the animal is spoken of as
-"auctor criminis."[45] In an ancient Irish law-tract it is said that,
-when a bee has blinded a person's eye, the whole hive "shall pay the
-fine," and "the many become accountable for the crime of one, although
-they all have not attacked."[46] Youth was a ground for acquittal, as
-appears from a case which occurred at Lavegny in 1457, when a sow and
-her six young ones were tried on a charge of their having murdered and
-partly eaten a child: whilst the sow, being found guilty, was
-condemned to death, the young pigs were acquitted on account of their
-youth and the bad example of their mother.[47] In Burgundy, a
-distinction was made between a mischievous dog that entered a room
-through an open door and one that committed a burglary; the latter was
-a _larron_, and was to be punished as such.[48] The repetition of a
-crime aggravated the punishment;[49] {258} and the animal "principal"
-was punished more severely than the "accessories.[50]
-
-[Footnote 35: Leibniz, _Essais de Theodicée_, p. 182 _sq._ Lessona,
-quoted by d'Addosio, _Bestie delinquenti_, p. 145.]
-
-[Footnote 36: St. Augustine, _Quæstiones in Leviticum_, 74 (_ad Lev._
-xx. 16): "Nam pecora inde credendum est jussa interfici, quia tali
-flagitio contaminata, indignam refricant facti memoriam" (Migne,
-_Patrologiæ cursus_, xxxiv. 709).]
-
-[Footnote 37: Gratian, _Decretum_, ii. 15. 1. 4. _Cf._ _Mishna_, fol.
-54, quoted by Rabbinowicz, _Législation criminelle du Talmud_, p. 116.]
-
-[Footnote 38: Ayrault, _Des procès faicts au cadaver, aux cendres, à
-la mémoire, aux bestes brutes_, fol. 24. Ortolan, _Éléments du droit
-pénal_, p. 188. Tissot, _Le droit pénal_, i. 19 _sq._]
-
-[Footnote 39: Thonissen, _Le droit pénal de la république Athénienne_,
-p. 414.]
-
-[Footnote 40: Du Boys, quoted by d'Addosio, _op. cit._ p. 139.]
-
-[Footnote 41: Lessona, quoted _ibid._ p. 145.]
-
-[Footnote 42: _Cf._ Post, _Die Grundlagen des Rechts_, p. 359;
-Friedrichs, 'Mensch und Person,' in _Das Ausland_, 1891, pp. 300, 315;
-and, especially, d'Addosio, _op. cit._ p. 146 _sqq._: "Nel medioevo si
-punì l'animale perchè lo si ritenne in certo modo _conscio_ delle sue
-azioni, in certo modo _libero_, in certo modo _responsabile_."]
-
-[Footnote 43: von Amira. _op. cit._ p. 9.]
-
-[Footnote 44: Beaumanoir, _Les coutumes du Beauvoisis_, lxix. 6, vol.
-ii. 485 _sq._ Chambers, _op. cit._ i. 127. Lichtenberg, _Vermischte
-Schriften_, iv. 481.]
-
-[Footnote 45: _Lex Salica_, edited by Hessels, coll. 209-212, 215.]
-
-[Footnote 46: _Ancient Laws of Ireland_, iv. 179.]
-
-[Footnote 47: Chambers, _op. cit._ i. 128.]
-
-[Footnote 48: _Ancien Coutumier de Bourgogne_, 23 (_Revue historique
-de droit français et étranger_, iii. 549): "Il deust hauoir faire
-justice del larron."]
-
-[Footnote 49: Pertile, _loc. cit._ p. 148: "La _Carta de Logu_
-d'Eleonora giudicessa d'Arborea (1395) prescrive: che venendo trovato
-un asino in danno sui fondi altrui, per la prima volta gli si tagli un
-orecchio; la seconda, l'altro; e la terza, si confischi la bestia
-consegnandola alla corte principesca." _Cf._ _Vendîdâd_,
-xiii. 32 _sqq._]
-
-[Footnote 50: d'Addosio, _op. cit._ p. 16.]
-
-Considering the feelings to which even the cultured mind is
-susceptible with reference to a mischievous beast, it is not difficult
-to understand the attitude of the ignorant. The savage, not only
-momentarily, while in a rage, but permanently and in cold blood,
-obliterates the boundaries between man and beast. He regards all
-animals as practically on a footing of equality with man. He believes
-that they are endowed with feelings and intelligence like men, that
-they are united into families and tribes like men, that they have
-various languages like human tribes, that they possess souls which
-survive the death of the bodies just as is the case with human souls.
-He tells of animals that have been the ancestors of men, of men that
-have become animals, of marriages that take place between men and
-beasts. He also believes that he who slays an animal will be exposed
-to the vengeance either of its disembodied spirit, or of all the other
-animals of the same species which, quite after human fashion, are
-bound to resent the injury done to one of their number.[51] Is it not
-natural, then, that the savage should give like for like? If it is the
-duty of animals to take vengeance upon men, is it not equally the duty
-of men to take vengeance upon animals?
-
-[Footnote 51: Tylor, _Primitive Culture_, i. 467 _sqq._ Frazer,
-_Golden Bough_, ii. 389 _sqq._ Liebrecht, _Zur Volkskunde_, p. 17.
-Achelis, _Moderne Völkerkunde_, p. 373 _sqq._ _Idem_, 'Animal
-Worship,' in _Open Court_, xi. 705 _sq._ Waitz, _Anthropologie der
-Naturvölker_, ii. 180 (Negroes). von den Steinen, _Unter den
-Naturvölkern Zentral-Brasiliens_, p. 351. Im Thurn, _Among the Indians
-of Guiana_, p. 350 _sqq._ Dorman, _Origin of Primitive Superstitions_,
-pp. 223, 253. Lumholtz, _Unknown Mexico_, i. 331 (Tarahumares).
-Mooney, 'Myths of the Cherokee,' in _Ann. Rep. Bur. Ethn._ xix. pp.
-250, 261 _sq._ Nelson, 'Eskimo about Bering Strait,' _ibid._ xviii.
-423. Hose and McDougall, 'Relations between Men and Animals in
-Sarawak,' in _Jour. Anthr. Inst._ xxxi. 173 _sqq._, especially
-p. 205 _sq._]
-
-Nor are these beliefs restricted to savages. Muhammedans maintain, not
-only that animals will share with men the general resurrection, but
-that they will be judged according to their works. Their tradition
-says that God "will raise up animals at the last day to receive {259}
-reward and to show His perfection and His justice. Then the hornless
-goat will be revenged on the horned one."[52] We can hardly wonder
-that the Zoroastrian law inflicted punishments on dogs which hurt men
-or animals, when we read in the Vendîdâd that a dog has the characters
-of eight sorts of people.[53] The fable and the _Märchen_ for a long
-time related in good earnest their stories of animals that behaved
-exactly like men.[54] Even to this day, in certain districts of
-Europe, as soon as a peasant is dead, it is customary for his heir to
-announce the change of ownership to every beast in the stall, and to
-the bees also;[55] and in some parts of Poland, when the corpse of the
-rustic proprietor is being carried out, all his cattle are let loose,
-that they may take leave of their old master.[56] In the Middle Ages
-animals were sometimes accepted as witnesses; a man who was accused of
-having committed a murder in his house appeared before the tribunal
-with his cat, his dog, and his cock, swore in their presence that he
-was innocent, and was acquitted.[57] It was not only the common people
-that ascribed intelligence to beasts. According to Porphyry, all the
-philosophers who have endeavoured to discover the truth concerning
-animals have acknowledged that they to a certain extent participate of
-reason;[58] and the same idea is expressed by Christian writers of a
-much later date. In the sixteenth century, Benoît wrote that animals
-often speak.[59] In the middle of the following century, Hieronymus
-Rorarius published a book entitled 'Quod animalia bruta ratione
-utantur melius homine.' And about the same time Johann Crell, in his
-'Ethica Christiana,' expressed the opinion that animals at all events
-possess faculties analogous to reason and free-will, that they have
-something similar to virtues and vices, that they {260} deserve
-something like rewards and punishments, and are consequently punished
-by God and man.[60] This, as it seems to me, is the correct
-explanation of the mediæval practice of punishing animals, even
-though, in some cases, as M. Ménabréa observes, the obnoxious animal
-was regarded as an embodiment of some evil spirit and was punished as
-such.[61] The beast or insect was retaliated upon for the simple
-reason that it was regarded as a rational being.
-
-[Footnote 52: _Koran_, vi. 38. Sell, _Faith of Islám_, p. 223.]
-
-[Footnote 53: _Vendîdâd_, xiii. 44 _sqq._]
-
-[Footnote 54: See Grimm, _Reinhart Fuchs_, p. i. _sqq._]
-
-[Footnote 55: Ralston, _Songs of the Russian People_, p. 315. Wuttke,
-_Der deutsche Volksaberglaube der Gegenwart_, p. 428.]
-
-[Footnote 56: Ralston, _op. cit._ p. 318.]
-
-[Footnote 57: Michelet, _Origines du droit français_, pp. 76, 279
-_sq._ Chambers, _op. cit._ i. 129.]
-
-[Footnote 58: Porphyry, _De abstinentia ab esu animalium_, iii. 6.]
-
-[Footnote 59: Benoît, quoted by d'Addosio, _op. cit._ p. 214.]
-
-[Footnote 60: Crell, _Ethica Christiana_, ii. 1, p. 65 _sq._:--"Hinc
-aliquid etiam virtuti et vitio simile, seu recte et prave factum:
-quorum illud est, cum bruta naturæ suæ ductum sequuntur, hoc cum a
-naturali via exorbitant. Unde tandem etiam aliquid **præmio aut
-p[oe]næ, et huic quidem maxime simile. Unde bestias etiam a Deo
-punitas, aut p[oe]nas certas lege illis constitutas, cernimus."]
-
-[Footnote 61: Ménabréa, _De l'origine de la forme et de l'esprit des
-jugements rendus au moyen-age contre les animaux_, p. 35.]
-
-At the earlier stages of civilisation even inanimate things are
-treated as if they were responsible agents. The Kukis take revenge not
-only on a murderous tiger, but on a murderous tree. "If a man should
-happen to be killed, by an accidental fall from a tree, all his
-relations assemble, and cut it down; and however large it may be, they
-reduce it to chips, which they scatter in the winds, for having, as
-they say, been the cause of the death of their brother."[62] Among the
-aborigines of Western Victoria, "when the spear or weapon of an enemy
-has killed a friend, it is always burnt by the relatives of the
-deceased; but those captured in battle are kept, and used by the
-conquerors."[63] The North American Redskins, when struck with an
-arrow in battle, "will tear it from the wound, break and bite it with
-their teeth, and dash it on the ground."[64] The British Guiana
-Indian, when hurt either by falling on a rock, or by the rock falling
-on him, "attributes the blame, by a line of argument still not
-uncommon in more civilised life, to the rock."[65] The gods of the
-Vedic age cursed the trees which had injured them.[66] Xerxes
-commanded {261} that the Hellespont should be stricken with three
-hundred lashes,[67] and Cyrus "wreaked his vengeance" on the river
-Gyndes by dispersing it through three hundred and sixty channels.[68]
-Pausanias relates that when Theagenes had died, one of his enemies
-went up to his statue every night, and whipped the brass. At last,
-however, "the statue checked his insolence by falling on him; but the
-sons of the deceased prosecuted the statue for murder. The Thasians
-sank the statue in the sea, herein following the view taken by Draco,
-who, in the laws touching homicide which he drew up for the Athenians,
-enacted that even lifeless things should be banished if they fell on
-anybody and killed him."[69] As Dr. Frazer remarks, the punishment of
-inanimate objects for having accidentally been the cause of death was
-probably much older than Draco.[70] At Athens there was a special
-tribunal for the purpose.[71] Demosthenes states that, if a stone or a
-piece of wood or iron or any such thing fell and struck a man, and the
-person who threw the thing was not known, but the people knew, and
-were in possession of, the object which killed the man, that object
-was brought to trial at the court of the Prytaneum.[72] Plato lays
-down the following rule in his 'Laws':--"If any lifeless thing deprive
-a man of life, except in the case of a thunderbolt or other fatal dart
-sent from the gods,--whether a man is killed by lifeless objects
-falling upon him, or by his falling upon them, the nearest of kin
-shall appoint the nearest neighbour to be a judge, and thereby acquit
-himself and the whole family of guilt. And he shall cast forth the
-guilty thing beyond the border."[73] Teutonic law, which still
-recognised the principle of private revenge, treated the inanimate
-murderer with less ceremony.[74] According to the Laws of Alfred, when
-men were at work together in {262} a forest, and by misadventure one
-let a tree fall on another, which killed him, the tree belonged to the
-dead man's kinsfolk if they took it away within thirty days.[75] Later
-on, in England, a thing by which death was caused was "forfeited to
-God, that is to the King, God's Lieutenant on earth, to be distributed
-in works of charity for the appeasing of God's wrath."[76] This law
-remained in force till 1846.[77]
-
-[Footnote 62: Macrae, in _Asiatick Researches_, vii. 189 _sq._]
-
-[Footnote 63: Dawson, _Australian Aborigines_, p. 53.]
-
-[Footnote 64: Robertson, _History of America_, i. 351 _sq._]
-
-[Footnote 65: Im Thurn, _op. cit._ p. 354.]
-
-[Footnote 66: Oldenberg, _Religion des Veda_, p. 518.]
-
-[Footnote 67: Herodotus, vii. 35.]
-
-[Footnote 68: _Ibid._ i. 190.]
-
-[Footnote 69: Pausanias, vi. 11. 6. _Cf._ _ibid._ v. 27. 10.]
-
-[Footnote 70: Frazer, _Pausanias_, ii. 371.]
-
-[Footnote 71: Aristotle, _De republica Atheniensium_, 57. Pausanias,
-i. 28. 10.]
-
-[Footnote 72: Demosthenes, _Contra Aristocratem_, 76, p. 645.]
-
-[Footnote 73: Plato, _Leges_, ix. 873 _sq._]
-
-[Footnote 74: See Trummer, _Vorträge über Tortur, &c._ i. 376 _sq._
-Brunner, _Forschungen_, p. 521 _sqq._]
-
-[Footnote 75: _Laws of Alfred_, ii. 13.]
-
-[Footnote 76: Coke. _Third Part of the Institutes of the Laws of
-England_, p. 57.]
-
-[Footnote 77: Stephen, _History of the Criminal Law of England_, iii.
-78. Pollock and Maitland, _History of English Law before the Time of
-Edward I._ ii. 473.]
-
-In some of these cases superstitious dread may have been a motive for
-destroying or banishing the instrument of death. There are facts which
-prove that such an object is looked upon as a source of danger.
-According to the Ripuarian law, people are forbidden to make use of a
-thing which has been "auctor interfectionis";[78] and in Norway, in
-quite modern times, sickles, axes, and other objects with which men
-have been killed, have been seen lying about abandoned and unused.[79]
-Again, among the aborigines of West Australia, if a person has been
-killed by a thrust of the native wooden spear, _ghici_, his
-country-men think that his soul remains in the point of the weapon
-which caused his death, and they burn it after his burial, so that the
-soul may depart.[80] But it is also obvious that an inanimate thing
-which is the cause of a hurt is apt to evoke a genuine feeling of
-resentment. We kick the chair over which we stumble, we curse the
-stone which hurts us; Dr Nansen says that, when he was crossing
-Greenland, it would have caused him "quite real satisfaction" to
-destroy a sledge which was **"heavy to draw."[81] When we thus behave
-as if the offending object were capable of feeling our resentment, we
-for a moment vaguely believe that it is alive.[82] But our anger very
-soon passes {263} away when we realise the true nature of its object.
-The case is different with men at earlier stages of civilisation. They
-do not suppose that things which hurt them are senseless; on the
-contrary, they personify such things, not only hastily and
-momentarily, but deliberately and permanently; hence their resentment
-lasts. The Guiana Indian, says Sir E. F. Im Thurn, "attributes any
-calamity which may happen to him to the intention of the immediate
-instrument of its infliction, and he not unnaturally sees in the
-action of this instrument evidence of its possession of a spirit."[83]
-Trees, especially, are very commonly supposed to possess souls similar
-to those of men, and are treated accordingly.[84] Pausanias writes
-that "lifeless things are said to have inflicted of their own accord a
-righteous punishment on men"; and as the best and most famous instance
-of this he mentions the sword of Cambyses.[85] In England the
-inanimate murderer was to be given up to the kinsmen of the slain
-surely not as a compensation for the loss they had suffered, but as an
-object upon which their vengeance was to be wreaked.[86] It was called
-_la bane_, that is, "the slayer"; Bracton also calls it the
-"malefactor."[87] It did not matter that its owner was recognised as
-innocent; the punishment was not intended for him.[88] But in some
-well-defined cases the "slayer" was free from guilt. A ship or other
-vessel from which a person was drowned by misfortune was not forfeited
-as deodand in case the accident happened in salt water--as Coke
-indicates, on account of the great dangers to which the vessel is
-exposed "upon the raging waves in respect of the wind and
-tempest."[89] Moreover, if a boy under fourteen fell from a cart, or
-from a horse, it was {264} no deodand, "because he was not of
-discretion to look to himself," and so the cart, or horse, could not
-be regarded as blamable. But if a cart ran over a boy, or a tree fell
-upon him, or a bull gored him, it was deodand, because, apparently, it
-went out of its way to kill him.[90] The fact of motion was one of
-considerable importance in the case of animals and inanimate things,
-as it was in the case of men. Thus Bracton would distinguish between
-the horse which throws a man and the horse off which a man tumbles,
-between the tree that falls and the tree against which a man is
-thrown; and, as a general rule, a thing was not a deodand unless it
-could be said "movere ad mortem."[91] If anybody was drowned by
-falling from a ship under sail, not only the ship itself but the
-things moving in it were deemed the cause of his death; whereas the
-merchandise lying at the bottom of the vessel was not presumed to be
-guilty, and consequently was not forfeited.[92] But if any particular
-merchandise fell upon a person and caused his death, that merchandise
-became a deodand, and not the ship.[93] As Mr. Holmes observes, a ship
-is the most persistent example of motion giving personality to a
-thing. "She" is still personified not only in common parlance, but in
-courts of justice. In maritime cases of quite recent date judges of
-great repute have pronounced the proceeding to be, not against the
-owner, but "against the vessel for an offence committed by the
-vessel."[94]
-
-[Footnote 78: _Lex Ripuariorum_, lxx. 1.]
-
-[Footnote 79: Liebrccht, _Zur Volkskund_, p. 313.]
-
-[Footnote 80: Salvado, _Mémoires historiques sur l'Australie_,
-p. 260 _sq._]
-
-[Footnote 81: Nansen, _Eskimo Life_, p. 213 _sq._]
-
-[Footnote 82: _Cf._ Dugald Stewart, _Philosophy of the Active and
-Moral Powers of Man_, i. 125; Hall, 'Study of Anger,' in _American
-Journal of Psychology_, x. 506 _sq._]
-
-[Footnote 83: Im Thurn, _op. cit._ p. 354.]
-
-[Footnote 84: See Frazer, _Golden Bough_, i. 169 _sqq._]
-
-[Footnote 85: Pausanias, i. 28. 11.]
-
-[Footnote 86: Pollock and Maitland, ii. 474.]
-
-[Footnote 87: Bracton, _De Legibus et Consuetudinibus Angliæ_, fol.
-116, vol. ii. 236 _sq._]
-
-[Footnote 88: Holmes, _Common Law_, p. 25.]
-
-[Footnote 89: Bracton, _op. cit._ fol. 122, vol. ii. 286 _sq._ Coke,
-_op. cit._ p. 58. Sir James Stephen supposes (_op. cit._ iii. 78) that
-"deodands were not in use at sea, because the local customs of England
-did not extend to the high seas." But Coke expressly says (p. 58) that
-there can be no deodand of the ship even "in _aqua salsa_, being any
-arm of the sea, though it be in the body of the County."]
-
-[Footnote 90: Coke, _op. cit._ p. 57. Hale, _History of the Pleas of
-the Crown_, i. 422. Stephen, _op. cit._ iii. 78.]
-
-[Footnote 91: Bracton, _op. cit._ fol. 136 b, vol. ii, 400 _sq._ Hale,
-_op. cit._ i. 420 _sqq._ Pollock and Maitland, _op. cit._ ii. 474, n.
-4. Stephen, _op. cit._ iii. 77. Holmes, _op. cit._ p. 25
-_sq._]
-
-[Footnote 92: Britton, i. 2. 14, vol. i. 16.]
-
-[Footnote 93: Hale, _op. cit._ i. 422.]
-
-[Footnote 94: Holmes, _op. cit._ p. 29.]
-
-       *       *       *       *       *
-
-Like the lower animals, human beings in their earliest childhood are
-incapable of forming notions of right and wrong, hence they are not
-responsible for any act of theirs. Responsibility commences with the
-dawn of a moral consciousness, and increases along with the evolution
-of the intellect. Only by slow degrees the capacity of recognising
-{265} act as right or wrong develops in the child. It soon learns that
-certain acts are forbidden, but to know that an act is forbidden is
-not the same as to recognise it as wrong. Nor does the knowledge of a
-moral rule involve the ability to apply that rule in particular cases.
-Nor can the youthful intellect be expected to possess the same degree
-of foresight as the intellect of a grown-up man. Hence the total or
-partial irresponsibility of childhood and early youth.
-
-This irresponsibility is admitted by the laws of civilised nations. In
-England,[95] Scotland,[96] and the United States,[97] children under
-seven are absolutely exempt from punishment. In other modern countries
-criminal responsibility does not commence until the age of nine,[98]
-ten,[99] twelve,[100] or fourteen.[101] In some it is to be decided in
-each case whether a child is punishable or not.[102] Thus the French
-Code Pénal provides that a person under eighteen years of age shall
-not be punished if it be decided that he has acted without discernment
-(_sans discernement_) whereas, if he has acted with discernment (_avec
-discernement_), his punishment is to be mitigated according to a fixed
-scale.[103] Most laws set down an intermediate period between that of
-complete irresponsibility and that of complete responsibility.
-According to English law there is a presumption that children from
-seven to fourteen are not possessed of the degree of knowledge
-essential to criminality, though this presumption may be rebutted by
-proof to the contrary;[104] and, according to the German
-Strafgesetzbuch, a person from twelve to eighteen may be acquitted if,
-when he committed the offence, he did {266} not possess the
-intelligence requisite to know that it was criminal.[105] Other laws,
-again, regard a certain age _eo ipso_ as a ground of extenuation, its
-upper limit being fixed sometimes at sixteen,[106] sometimes at
-eighteen,[107] sometimes at twenty,[108] sometimes at twenty-one.[109]
-
-[Footnote 95: Stephen, _op. cit._ ii. 97 _sq._]
-
-[Footnote 96: Erskine-Rankine, _Principles of the Law of Scotland_,
-p. 546.]
-
-[Footnote 97: Bishop, _Commentaries on the Criminal Law_, § 368, vol.
-i. 209.]
-
-[Footnote 98: Italian _Codice Penale_, art. 53. Spanish _Código Penal
-reformado_, art. 8, § 2.]
-
-[Footnote 99: Austrian (Finger, _op. cit._ i. 110), Dutch (van Hamel,
-in _Législation pénale comparée_, edited by von Liszt, p. 444),
-Portuguese (Tavares de Medeiros, _ibid._ p. 199), Russian (Foinitzki,
-_ibid._ p. 529) law.]
-
-[Footnote 100: German _Strafgesetzbuch_, art. 55.]
-
-[Footnote 101: Swedish (Uppström, in _Législation pénale comparée_, p.
-483), Finnish (Forsman, _ibid._ p. 565) law.]
-
-[Footnote 102: French, Belgian, Ottoman law (Rivière, _ibid._ p. 7).]
-
-[Footnote 103: _Code Pénal_, art. 66 _sqq._]
-
-[Footnote 104: Stephen, _op. cit._ ii. 98. Kenny, _Outlines of
-Criminal Law_, p. 50.]
-
-[Footnote 105: _Strafgesetzbuch_, art. 56.]
-
-[Footnote 106: Dutch law (van Hamel, _loc. cit._ p. 444).]
-
-[Footnote 107: Spanish (_Código Penal reformado_, art. 9, § 2),
-Swedish (Uppström, _loc. cit._ p. 484), Finnish (Forsman, _loc. cit._
-p. 566) law.]
-
-[Footnote 108: Austrian law (Finger, _op. cit._ i. 112).]
-
-[Footnote 109: Italian (_Codice Penale_, art. 56), Russian (Foinitzki,
-_loc. cit._ p. 529), Portuguese (Tavares de Medeiros, _loc. cit._ p.
-199), Brazilian (_Codigo Penal dos Estados Unidos do Brazil_, art. 42,
-§ 11) law. According to the _Ottoman Penal Code_, art. 40, "a guilty
-person who has not arrived at the age of puberty may not be punished
-with the punishment enacted against the offence of which he has been
-found guilty."]
-
-Roman law, as it seems, made out a _præsumptio juris_ of general
-incapacity to commit a crime under puberty, rebuttable by evidence of
-capacity, at any rate in the age called "next to puberty," the limits
-of which are not clearly settled.[110] In the Irish Book of Aicill it
-is said that "the man who incites a fool is he who pays for his
-crime"; and to this the Commentary adds that a man is a fool till the
-end of seven years, and a fool of half sense till the end of
-fourteen[111]--a provision similar to that of Canon Law.[112]
-According to Muhammedan law, the rule of talion is applicable only to
-persons of age.[113] In China criminal responsibility is affected not
-only by youth, but by old age as well. "Offenders whose age is not
-more than seven nor less than ninety years, shall not suffer
-punishment in any case, except in that of treason or rebellion." "Any
-offender whose age is not more than ten nor less than eighty years, .
-. . shall, when the crime is capital, but not {267} amounting to
-treason, be recommended to the particular consideration and decision
-of His Imperial Majesty." And "any offender whose age is not more than
-fifteen, nor less than seventy years . . . shall be allowed to redeem
-himself from any punishment less than capital, by the payment of the
-established fine, except in the case of persons condemned to
-banishment as accessories to the crimes of treason, rebellion, murder
-of three or more persons in one family, or homicide by magic or
-poisoning, upon all of which offenders the laws shall be strictly
-executed."[114]
-
-[Footnote 110: Clark, _Analysis of Criminal Liability_, p. 70. von
-Jhering, _Das Schuldmoment im römischen Privatrecht_, p. 42 _sqq._
-Mommsen _Römisches Strafrecht_, p. 75 _sq._ In the _Institutiones_ (i.
-22) puberty is fixed at the completion of the fourteenth year for
-males, and of the twelfth for females. According to the Law of the
-Twelve Tables, children were punished for theft, though less severely
-than adults (Gellius, _Noctes Atticæ_, xi. 18. 8. Pliny, _Historia
-naturalis_, xviii. 3).]
-
-[Footnote 111: _Ancient Laws of Ireland_, iii. 157.]
-
-[Footnote 112: Katz, _Grundriss des kanonischen Strafrechts_, p. 8.]
-
-[Footnote 113: Sachau, _Muhammedanisches Recht_, p. 762. Jaffur
-Shurreef says (_Qanoon-e-Islam_, p. 36) that, among the Muhammedans of
-India, previous to the period of puberty all the good and evil deeds
-of boys and girls are laid to the charge of their parents.]
-
-[Footnote 114: _Ta Tsing Leu Lee_, sec. xxii. _sq._]
-
-According to early custom, children who have committed an injury are
-sometimes,[115] but not always,[116] subject to the rule of
-retaliation. Even in Homeric Greece, manslaughter committed in
-childhood seems to have been visited with banishment for life.[117] In
-other cases parents are responsible for the deeds of their
-children.[118] Among the West African Fjort, for instance, children
-are not themselves liable for their actions, but the injured party can
-claim compensation from the parents if he likes to do so.[119] Among
-the Teutons, "like the master for the slave, the father answered for
-and made claims on behalf of the child. The ceremony of investing him
-with arms as a _wehrhaft_, or weapon-bearing member of the community,
-was the usual period for the assumption of rights and liabilities; and
-this customarily (not always) took place at the age of twelve."[120]
-According to ancient Swedish law, an injury was treated in the same
-way as if it had been accidental, in case the offender was under the
-age of fifteen;[121] according to the Icelandic Grágás, in case he was
-{268} under sixteen.[122] However, as we have seen, accidental
-injuries had to be paid for. Where offences are dealt with according
-to the principle of compensation, it is impossible to decide how far
-parents' liability for their children involves a recognition of the
-moral irresponsibility of the child, or is simply due to the fact that
-children, having no property, are themselves unable to compensate.
-That the latter point of view was largely adopted by early custom and
-law appears from the fact that, when compensation was succeeded by
-punishment, the period of irresponsibility was reduced. In England the
-age-limit of twelve years, which prevailed in Anglo-Norman days, was
-afterwards disregarded in criminal cases.[123] We read in the
-Northumberland Assize Roll, A.D. 1279, "Reginald . . . aged four, by
-misadventure slew Robert . . . aged two; the justice granted that he
-might have his life and members because of his tender age."[124] A
-little later we hear that a child under the age of seven shall not
-suffer judgment in a case of homicide.[125] In 1457, an infant of four
-was held liable in trespass, though the language of the court shows a
-disposition to exempt the infant.[126] From the eighteenth century
-instances are recorded of a girl of thirteen who was burnt for killing
-her mistress, and of a boy of eight who was hanged for arson.[127] In
-1748, a boy of ten, being convicted for the murder of a girl of five,
-was sentenced to death, and all the judges to whom this case was
-reported agreed that, "in justice to the publick," the law ought to
-take its course. The execution, however, was respited, and the boy at
-last had the benefit of His Majesty's pardon.[128] It appears from
-these facts, and from others of a similar character referring to
-continental countries,[129] that there has been a tendency to raise
-the age {269} at which full legal responsibility commences. And we
-have reason to hope that legislation has not yet said its last word on
-the subject.
-
-[Footnote 115: Senfft, in Steinmetz, _Rechtsverhältnisse_, p. 449
-(Marshall Islanders). Miklosich, 'Blutrache bei den Slaven,' in
-_Denkschriften d. kaiserl. Akadamie d. Wissensch. Philos.-hist.
-Classe_, Vienna, xxxvi. 131 (Turks of Daghestan). See also _supra_,
-p. 217 _sq._]
-
-[Footnote 116: Lang, in Steinmetz, _Rechtsverhältnisse_, p. 257
-(Washambala).]
-
-[Footnote 117: _Iliad_, xxiii. 85 _sqq._ _Cf._ Müller, _Dissertations
-on the Eumenides_, p. 95.]
-
-[Footnote 118: Nicole, in Steinmetz, _Rechtsverhältnisse_ p. 132
-(Diakité-Sarrakolese). Marx, _ibid._ p. 357 (Amahlubi).]
-
-[Footnote 119: Dennett, in _Jour. African Society_, i. 276.]
-
-[Footnote 120: Wigmore, 'Responsibility for Tortious Acts,' in
-_Harvard Law Review_, vii. 447.]
-
-[Footnote 121: Wilda, _Strafrecht der Germanen_, p. 642 _sq._
-Nordström, _Bidrag till den svenska samhälls-författningens historia_,
-ii. 73. _Cf._ von Amira, _Nordgermanisches Obligationenrecht_,
-i. 375 _sq._]
-
-[Footnote 122: _Grágás_, Vigsloþi, 32, vol. ii. 63.]
-
-[Footnote 123: Wigmore, _loc. cit._ p. 447.]
-
-[Footnote 124: _Three Early Assize Rolls for the County of
-Northumberland_, p. 323.]
-
-[Footnote 125: Pollock and Maitland, _op. cit._ ii. 84.]
-
-[Footnote 126: Wigmore, _loc. cit._ p. 447 _sq._ n. 7.]
-
-[Footnote 127: Wilson, _History of Modern English Law_, p. 124.]
-
-[Footnote 128: Foster, _Report of Crown Cases_, p. 70 _sqq._]
-
-[Footnote 129: Trummer, _op. cit._ i. 428, 432 _sqq._ (Germany).
-Jousse, _Traité de la justice criminelle de France_, ii. 617; Tissot,
-_Droit pénal_, i. 30 (France).]
-
-       *       *       *       *       *
-
-The principle that intellectual incapacity lessens or excludes
-responsibility also applies to idiots and madmen. Though idiots are
-able to acquire some knowledge of general moral rules, the application
-of those rules is frequently beyond their powers;[130] and their
-capacity of foreseeing the consequences of their acts is necessarily
-very restricted. The same to some extent holds good of madmen; but, as
-will be shown in the next chapter, there is another ground for their
-irresponsibility besides the derangement of the intellect.
-
-[Footnote 130: von Krafft-Ebing, _Lehrbuch der gerichtlichen
-Psychopathologie_, p. 70.]
-
-All modern laws admit that, at least under certain circumstances,
-idiocy or madness exempts a person from criminal responsibility.
-According to Roman law, lunatics were even free from the obligation of
-paying indemnities for losses inflicted by them;[131] and so mild was
-their lot at Rome, that it became a practice for citizens to shirk
-their public duties by feigning madness.[132] Even savages recognise
-that lunatics and maniacs are not responsible for their deeds. The
-Abipones maintained that it was "wrong and irrational to use arms
-against those who are not in possession of their senses."[133] Among
-the North American Potawatomis many "are said to be 'foolish,' and not
-sensible of crime."[134] The Iroquois are "persuaded that a person who
-is not in his right senses is not to be reprehended, or at least not
-to be punished."[135] Hennepin states that "they had one day in the
-year which might be called the Festival of Fools; for in fact they
-pretended to be mad, rushing from hut to hut, so that if they
-ill-treated any one or carried off anything, they would say next day,
-{270} 'I was mad; I had not my senses about me.' And the others would
-accept this explanation and exact no vengeance."[136] The Melanesians
-"are sorry for lunatics and are kind to them, though their remedies
-are rough"; at Florida, for instance, a man went out of his mind,
-chased people, stole things and hid them, but "no one blamed him,
-because they knew that he was possessed by a _tindalo_ ghost."[137]
-Among the West African Fjort fools and idiots are not responsible
-personally for their actions.[138] Among the Wadshagga crimes
-committed by lunatics are judged of more leniently than others.[139]
-Among the Matabele madmen, being supposed to be possessed of a spirit,
-"were formerly under the protection of the King."[140] In Eastern
-Africa the natives say of an idiot or a lunatic, "He has fiends."[141]
-El Hajj [(]Abdssalam Shabeeny states that in Hausaland "a man guilty
-of a crime, who in the opinion of the judge is possessed by an evil
-spirit, is not punished."[142]
-
-[Footnote 131: von Vangerow, _Lehrbuch der Pandekten_, iii. 36. von
-Jhering, _Das Schuldmoment im römischen Privatrecht_, p. 42. Thon,
-_Rechtsnorm und subjectives Recht_, p. 106, n. 70.]
-
-[Footnote 132: _Digesta_, xxvii. 10. 6.]
-
-[Footnote 133: Dobrizhoffer, _Account of the Abipones_, ii. 234.]
-
-[Footnote 134: Keating, _Expedition to the Source of St. Peter's
-River_, i. 127.]
-
-[Footnote 135: Charlevoix, _Voyage to North America_, ii. 24 _sq._]
-
-[Footnote 136: Hennepin, _Description de la Louisiane_, Les M[oe]urs
-des Sauvages, p. 71 _sq._]
-
-[Footnote 137: Codrington, _Melanesians_, p. 218.]
-
-[Footnote 138: Dennett, in _Jour. African Society_, i. 276.]
-
-[Footnote 139: Merker, quoted by Kohler, in _Zeitschr. f. vergl.
-Rechtswiss._ xv. 64.]
-
-[Footnote 140: Decle, _Three Years in Savage Africa_, p. 154.]
-
-[Footnote 141: Burton, _Lake Regions of Central Africa_, ii. 320.]
-
-[Footnote 142: [(]Abdssalam Shabeeny, _Account of Timbuctoo and
-Housa_, p. 49.]
-
-The idea that derangement of the mind is due to spiritual possession,
-often makes the idiot or the insane an object of religious
-reverence.[143] The Macusis regard lunatics as holy.[144] The
-Brazilian Paravilhana believe that idiots are inspired.[145] According
-to Schoolcraft, "regard for lunatics, or the demented members of the
-human race, is a universal trait among the American tribes."[146] So,
-also, the African Barolong give a kind of worship to deranged persons,
-who are said to be under the direct influence of a deity.[147] A
-certain kind of madness was regarded by the ancient Greeks as a divine
-gift, and consequently as "superior to a sane mind."[148] Lane states
-that, among the modern {271} Egyptians, an idiot or a fool is vulgarly
-regarded "as a being whose mind is in heaven, while his grosser part
-mingles among ordinary mortals; consequently he is considered an
-especial favourite of heaven. Whatever enormities a reputed saint may
-commit (and there are many who are constantly infringing precepts of
-their religion), such acts do not affect his fame for sanctity; for
-they are considered as the results of the abstraction of his mind from
-worldly things--his soul, or reasoning faculties, being wholly
-absorbed in devotion--so that his passions are left without control.
-Lunatics who are dangerous to society are kept in confinement, but
-those who are harmless are generally regarded as saints."[149] The
-same holds good of Morocco. Lunatics are not even obliged to observe
-the Ramadan fast, the most imperative of all religious duties; of a
-person who, instead of abstaining from all food till sunset, was
-taking his meal in broad daylight in the open street, I heard the
-people forgivingly say, "The poor fellow does not know what he is
-doing, his mind is with God."[150]
-
-[Footnote 143: _Cf._ Tylor, _Primitive Culture_, ii. 128.]
-
-[Footnote 144: Andree, _Ethnographische Parallelen_, _Neue Folge_, p. 3.]
-
-[Footnote 145: von Martius, _Beiträge zur Ethnographie Amerika's_,
-i. 633.]
-
-[Footnote 146: Schoolcraft, _Indian Tribes of the United States_,
-iv. 49.]
-
-[Footnote 147: Tylor, _Primitive Culture_, ii. 130.]
-
-[Footnote 148: Plato, _Phædrus_, p. 244.]
-
-[Footnote 149: Lane, _Manners and Customs of the Modern Egyptians_,
-p. 237.]
-
-[Footnote 150: _Cf._ Gråberg di Hemsö, _Specchio geografico, e
-statistico dell' impero Marocco_, p. 182 _sq._]
-
-On the other hand there are peoples who treat their lunatics in a very
-different manner. The tribes of Western Victoria put them to death,
-"as they have a very great dread of mad people."[151] In Kar Nicobar
-madness is said to be the only cause for a death "penalty" that seems
-to exist there, the afflicted individual being garrotted with two
-pieces of bamboo;[152] but this practice seems to be a method of
-getting rid of a dangerous individual, rather than a penalty in the
-proper sense of the word. Among the Washambala a lunatic who commits
-homicide is killed--as our informant observes, "not really on account
-of his deed, but in order to prevent him from causing further
-mischief."[153] Among the Turks of Daghestan, we are told, mad people
-are subject to the rule of blood-revenge.[154]
-
-[Footnote 151: Dawson, _op. cit._ p. 61.]
-
-[Footnote 152: Distant, in _Jour. Anthr. Inst._ iii. 6.]
-
-[Footnote 153: Lang, in Steinmetz, _Rechtsverhältnisse_, p. 257.]
-
-[Footnote 154: Miklosich, _loc. cit._ p. 131.]
-
-{272} In China lunatics are held responsible for their acts, although
-the ordinary penalty applicable is commuted, as for instance, in
-murder to imprisonment with fetters subject to His Majesty's pleasure.
-But when a lunatic deliberately kills his parents or grandparents, a
-representation will not serve; he is to be executed at once on the
-spot where the murder was committed or on the city execution ground,
-and the sentence--slicing to pieces--is to be carried out in all its
-horror though the lunatic be already dead.[155]
-
-[Footnote 155: Alabaster, _Commentaries on Chinese Law_, pp. 93, 96.
-_Cf._ Douglas, _Society in China_, pp. 72, 122.]
-
-According to ancient Welsh law, no vengeance is to be exercised
-against an idiot,[156] nor is the king to have any fine for the act of
-such a person.[157] But, "if idiots kill other persons, let _galanas_
-[that is, blood-money] be paid on their behalf, as for other persons;
-because their kindred ought to prevent them doing wrong."[158] The
-Swedish provincial laws treated an injury committed by a lunatic in
-the same manner as an injury by misadventure, provided that the
-relatives of the injurer had publicly announced his madness, or,
-according to some laws, had kept him tied in bonds which he had
-broken; but if they had omitted to do so, the injury was treated as if
-it had been done wilfully.[159] The Icelandic Grágás even lays down
-the rule that a madman who has committed homicide shall suffer the
-same punishment as a sane person guilty of the same crime.[160] In
-England, in the times of Edward II. and Edward III., proof of madness
-appears not to have entitled a man to be acquitted, at least in case
-of murder, but to a special verdict that he committed the offence when
-mad, and this gave him a right to pardon.[161] Such a right, indeed,
-implies the admission that lunacy has a claim to forbearance; but from
-what we know about the treatment of lunatics during the Middle Ages
-and much later, we cannot be sure that the insane offender escaped
-{273} all punishment. In a case which occurred in 1315, it was
-presented that a certain lunatic wounded himself with a knife, and
-finally died of his wounds; his chattels were confiscated.[162] Lord
-Bacon says in his 'Maxims of the Law,' "If an infant within years of
-discretion, or a madman, kill another, he shall not be impeached
-thereof: but if he put out a man's eye, or do him like corporal hurt,
-he shall be punished in trespass"; in these latter cases, "the law
-doth rather consider the damage of the party wronged, than the malice
-of him that was the wrong-doer."[163] In none of the German town-laws
-before the beginning of the seventeenth century is there any special
-provision for the offences of lunatics;[164] and, according to the
-Statutes of Hamburg of 1605, though a madman who kills a person shall
-not be punished as an ordinary manslayer, he is yet to be
-punished.[165] In Germany recognised idiots and madmen were not seldom
-punished with great severity, and even with death, in the seventeenth
-and eighteenth centuries.[166] One of the darkest pages in the history
-of European civilisation may be filled with a description of the
-sufferings which were inflicted upon those miserable beings up to
-quite modern times.[167] Many of them were burnt as witches or
-heretics, or treated as ordinary criminals. For unruly and crazy
-people, who nowadays would be comfortably located in an asylum,
-whipping-posts and stocks were made use of. Shakespeare speaks of
-madmen as deserving "a dark house and a whip";[168] and Swift observes
-that original people like Diogenes and others, if they had lived in
-his day, would have been treated like madmen, that is, would have
-incurred "manifest danger of phlebotomy, and whips, and chains, and
-dark chambers, and straw."[169] The writings of {274} Esquirol, the
-parliamentary debates on the asylums of Bedlam and York, and the
-reports presented under the auspices of La Rochefoucauld to the
-National Assembly of 1789, contain a picture unique in its sadness--"a
-picture of prisons in which lunatics, criminal lunatics, and criminals
-are huddled together indiscriminately without regard to sex or age, of
-asylums in which the maniac, to whom motion is an imperious necessity,
-is chained in the same cell with the victim of melancholia whom his
-ravings soon goad into furious madness, and of hospitals in which the
-epileptic, the scrofulous, the paralytic and the insane sleep side by
-side--a picture of cells, dark, foul, and damp, with starving,
-diseased, and naked inmates, flogged into submission, or teased into
-fury for the sport of idle spectators."[170]
-
-[Footnote 156: _Dimetian Code_, ii. 1. 32 (_Ancient Laws and
-Institutes of Wales_, p. 200).]
-
-[Footnote 157: _Venedotian Code_, ii. 28. 3 (_ibid._ p. 98).]
-
-[Footnote 158: _Welsh Laws_, iv. 1. 2 (_ibid._ p. 389).]
-
-[Footnote 159: von Amira, _Nordgermanisches Obligationenrecht_, i. 375.]
-
-[Footnote 160: _Grágás_, Vigsloþi, 33, vol. ii. 64.]
-
-[Footnote 161: Stephen, _op. cit._ ii. 151.]
-
-[Footnote 162: Wigmore, _loc. cit._ p. 446.]
-
-[Footnote 163: Bacon, _Maxims of the Law_, reg. 7 (_Works_,
-vii. 347 _sq._).]
-
-[Footnote 164: Trummer, _op. cit._ i. 428.]
-
-[Footnote 165: _Ibid._ i. 432.]
-
-[Footnote 166: _Ibid._ i. 438 _sqq._]
-
-[Footnote 167: See Tuke, _Chapters in the History of the Insane in the
-British Isles_, p. 43 _sq._; Maudsley, _Responsibility in Mental
-Disease_, p. 10 _sq._; Lecky, _History of European Morals_, ii. 85 _sqq._]
-
-[Footnote 168: Shakespeare, _As you Like it_, iii. 2.]
-
-[Footnote 169: Swift, _Tale of a Tub_, sec. 9 (_Works_, x. 163).]
-
-[Footnote 170: Wood-Renton, 'Moral Mania,' in _Law Quarterly Review_,
-iii. 340.]
-
-Whatever share indifference to human suffering may have had in all
-these atrocities and all this misery, it is likely that
-thoughtlessness, superstition, and ignorance have had a much larger
-share. We have noticed that, when a certain deed gives a shock to
-public feelings, the circumstances in which it has been committed are
-easily lost sight of. Considering that the Chinese punish persons who
-have killed their father or mother by pure accident, it is not
-surprising that they punish madmen who kill a parent wilfully. Even a
-man like Smollett, the well-known writer, thought it would be neither
-absurd nor unreasonable for the legislature to divest all lunatics of
-the privilege of insanity in cases of enormity, and to subject them
-"to the common penalties of the law."[171] Moreover, as we have seen,
-madness is often attributed to demoniacal possession,[172] and in
-other cases it is regarded as a divine punishment.[173] From a pagan
-{275} point of view this would make the lunatic an object of pity or
-dread, rather than of indignation; as the Roman legislator said, the
-insane murderer ought not to be punished, because his insanity itself
-is a sufficient penalty.[174] But in Christian Europe, where up to
-quite recent times men were ever ready to punish God's enemies, a
-lunatic, who was supposed to have the devil in him, or whose
-affliction was regarded as the visitation of God upon heresy or
-sin,[175] was a hateful individual and was treated accordingly.
-Finally, we have to take into account that the sensibility of a
-lunatic was thought to be inferior to that of a sane person;[176] that
-the mental characteristics of insanity were little understood; and
-that, in consequence, many demented persons were treated as if they
-were sane because they were thought to be sane, and others, though
-recognised as lunatics, were treated as responsible because they were
-thought to be responsible. The history of the English law referring to
-insanity bears sad testimony to the ignorance of which lunatics have
-been victims in the hands of lawyers.
-
-[Footnote 171: Smollett, quoted by Tuke, _op. cit._ p. 96.]
-
-[Footnote 172: See also Doughty, _Arabia Deserta_, i. 258 _sq._;
-Westermarck, 'Nature of the Arab _[vG]inn_ illustrated by the Present
-Beliefs of the People of Morocco,' in _Jour. Anthr. Inst._ xxix, 254;
-Andree, _op. cit._ p. 2 _sq._; Tuke, _op. cit._ p. 1; Pike, _History
-of Crime in England_, i. 39; von Krafft-Ebing, _op. cit._ p. 5.]
-
-[Footnote 173: Plato, _Leges_, ix. 854. Esquirol, _Des maladies
-mentales_, i. 336.]
-
-[Footnote 174: _Digesta_, i. 18. 14; xlviii. 9. 9.]
-
-[Footnote 175: Wood-Renton, _loc. cit._ p. 339.]
-
-[Footnote 176: _Ibid._ p. 339.]
-
-From the year 1724 there is a dictum of an English judge to the effect
-that a man who is to be exempted from punishment "must be a man that
-is totally deprived of his understanding and memory, and doth not know
-what he is doing, no more than an infant, than a brute, or a wild
-beast."[177] From the beginning of the nineteenth century, the power
-of distinguishing right from wrong in the abstract was regarded as the
-test of responsibility;[178] whilst in the existing doctrine, dating
-from the trial of M[(]Naughten in 1843, the question of knowledge of
-right and wrong, instead of being put generally and indefinitely, is
-put in reference to the particular act at the particular time of
-committing it.[179] This series of doctrines certainly shows a
-noteworthy progress {276} in discrimination. But at the same time the
-answers given by the fourteen English judges to the questions put to
-them by the House of Lords in consequence of M[(]Naughten's case still
-display an ignorance which would nowadays be hardly possible. In reply
-to the question--"If a person under an insane delusion as to existing
-facts, commits an offence in consequence thereof, is he thereby
-excused?"--the judges declared that, on the assumption "that he
-labours under such partial delusion only, and is not in other respects
-insane, . . . he must be considered in the same situation as to
-responsibility as if the facts with respect to which the delusion
-exists were real. For example, if under the influence of his delusion
-he supposes another man to be in the act of attempting to take away
-his life, and he kills that man, as he supposes, in self-defence, he
-would be exempt from punishment. If his delusion was that the deceased
-had inflicted a serious injury to his character and fortune, and he
-killed him in revenge for such supposed injury, he would be liable to
-punishment."[180] The mistake committed in this answer does not lie in
-the conclusion, but in the premise. "Here," as Professor Maudsley
-observes, "is an unhesitating assumption that a man, having an insane
-delusion, has the power to think and act in regard to it reasonably;
-that, at the time of the offence, he ought to have and to exercise the
-knowledge and self-control which a sane man would have and exercise,
-were the facts with respect to which the delusion exists real; that he
-is, in fact, bound to be reasonable in his unreason, sane in his
-insanity."[181] Modern science, however, teaches us another lesson. It
-has shown that a delusion of the kind suggested never stands alone,
-but is in all cases the result of a disease of the brain which
-interferes more or less with every function of the mind, and that few
-insane persons who do violence can be truly said to have a full
-knowledge of the nature and quality of their acts at the time they are
-performing {277} them.[182] A perhaps still greater defect in the
-doctrine of the fourteen judges is the absence of all reference to the
-influence of insane impulses; but with this subject we are not
-concerned at present. In this connection my object has been merely to
-show that the irresponsibility of the insane, in so far as it depends
-on intellectual derangement, has been generally recognised in
-proportion as their intellectual derangement has been recognised, and
-that the exceptions to this rule are explicable from beliefs which,
-though materially affecting the treatment of the insane, have no
-reference to the principle of responsibility itself.
-
-[Footnote 177: Howell, _Collection of State Trials_, xvi. 765.]
-
-[Footnote 178: Harris, _Principles of the Criminal Law_, p. 18. Kenny,
-_op. cit._ p. 53.]
-
-[Footnote 179: Clark and Finnelly, _Reports of Cases decided in the
-House of Lords_, x. 202.]
-
-[Footnote 180: _Ibid._ x. 211.]
-
-[Footnote 181: Maudsley, _op. cit._ p. 97.]
-
-[Footnote 182: Griesinger, _Mental Pathology and Therapeutics_, p. 72
-_sq._ Maudsley, _op. cit._ p. 96.]
-
-       *       *       *       *       *
-
-There are temporary states of mind in which the agent no more knows
-what he is doing than an idiot or a madman, such as somnambulism,
-narcosis, fury. For these states, of course, the rule holds good, that
-nobody is responsible for what he does in ignorance, although he may
-be responsible for his ignorance. Responsibility in connection with
-anger and rage will be more appropriately dealt with in another place.
-I shall here restrict myself to the case of drunkenness.
-
-A person is irresponsible, or only partly responsible, for what he
-does when drunk, according as he is ignorant of the nature of his act,
-as also in so far as the intoxicant contributed to the rise of some
-powerful impulse which determined his will. If he commits an offence
-in a state of extreme intoxication, he can reasonably be blamed only
-for what he did when sober. If he made himself drunk for the purpose
-of committing the offence, then the offence is intended, and he is
-equally responsible for his act as if he had accomplished it
-straightway. If he became intoxicated without any fault of his, for
-instance, if he did not know, and could not know, the intoxicating
-quality of the liquor which made him drunk, he is free from blame. But
-in other cases he is guilty of heedlessness, or rashness, or, if he
-foresaw the danger, of blamable indifference to {278} the probable
-consequences of his act. This is the clear theory of the question. But
-we cannot expect to find it accurately expressed in practice.
-
-Very generally drunkenness is recognised as a ground of extenuation.
-We hear from various sources that the North American Indians were
-exceedingly merciful to intoxicated offenders. According to
-Charlevoix, the Iroquois "suffer themselves to be ill used by drunken
-people, without defending themselves, for fear of hurting them. If you
-endeavour to shew them the folly of this conduct, they say, 'Why
-should we hurt them? They know not what they do.'" Even "if a savage
-kills another belonging to his cabin, if he is drunk (and they often
-counterfeit drunkenness when they intend to commit such actions),[183]
-all the consequence is, that they pity and weep for the dead. 'It is a
-misfortune (they say), the murderer knew not what he did.'"[184] James
-makes a similar statement with reference to the Omahas.[185] In his
-description of the aborigines of Pennsylvania, Blome observes, "It is
-rare that they fall out, if sober; and if drunk they forgive it,
-saying, it was the drink, and not the man that abused them."[186]
-Benjamin Franklin tells us of some Indians who had misbehaved in a
-state of intoxication, and in consequence sent three of their old men
-to apologise; "the orator acknowledged the fault, but laid it upon the
-rum, and then endeavoured to excuse the rum."[187] The detestable
-deeds which men did under the influence of _pulcre_, or the native
-Mexican wine, the Aztecs attributed to the god of wine or to the wine
-itself, and not in the least to the drunken man. Indeed, if anybody
-spoke ill of or insulted an intoxicated person, he was liable to be
-punished for disrespect to the god by which that person was supposed
-to be possessed. {279} Hence, says Sahagun, it was believed, not
-without ground, that the Indians made themselves drunk on purpose to
-commit with impunity crimes for which they would have been punished if
-they had committed them sober.[188]
-
-[Footnote 183: _Cf._ Hennepin, _op. cit._ p. 71.]
-
-[Footnote 184: Charlevoix, _op. cit._ ii. 23, 25. According to Loskiel
-(_History of the Mission of the United Brethren among the Indians in
-North America_, i. 16), the Iroquois, though they laid all the blame
-on the rum, punished severely murder committed in drunkenness.]
-
-[Footnote 185: James, _Expedition from Pittsburgh to the Rocky
-Mountains_, i. 265.]
-
-[Footnote 186: Blome, in Buchanan, _North American Indians_, p. 328.]
-
-[Footnote 187: Franklin, _Autobiography_, ch. ix. (_Works_, i. 164).]
-
-[Footnote 188: Sahagun, _Historia general de las cosas de Nueva
-España_, i. 22, vol. i. 40.]
-
-Among the Karens of India "men are not unfrequently killed in drunken
-broils; but such cases are not allowed by Karen custom to be a cause
-of action. No price can be demanded for persons who lose their lives
-in such circumstances. It is argued there was no malice, no intention
-to kill; and the person who died was perhaps as much to blame as the
-man who killed him; and people are not well responsible for what they
-do in a state of intoxication."[189] Among the Kandhs, "for wounds,
-however serious, given under circumstances of extreme provocation, or
-in a drunken squabble, slight compensation is awarded."[190] Among
-some of the Marshall Islanders blood-revenge is generally not taken
-for an act of homicide which has been committed in drunkenness,
-compensation being accepted instead.[191] So, also, according to the
-ancient law of the East Frisians, a man who has killed another when
-drunk is allowed "to buy off his neck by a sum of money paid to the
-king and to the relatives of the slain."[192]
-
-[Footnote 189: Mason, in _Jour. As. Soc. Bengal_, xxxvii. pt. ii. 146.]
-
-[Footnote 190: Macpherson, _Memorials of Service in India_, p. 82.]
-
-[Footnote 191: Jung, quoted by Kohler, in _Zeitschr. f. vergl.
-Rechtswiss._ xiv. 446.]
-
-[Footnote 192: _Das Ostfriesische Land-Recht_, iii. 18.]
-
-Roman law regarded drunkenness as a ground of extenuation;[193] the
-Jurist Marcian mentions _ebrietas_ as an example of _impetus_, thereby
-intimating that a drunken person, when committing a crime, should not
-be put on the same footing with an offender acting in cold blood, and
-calculating his act with clear consciousness.[194] In Canon law
-drunkenness is said to be a ground which deserves the indulgence of a
-reasonable judge, because whatever is done in that state is done
-without consciousness on the part of the actor.[195] Indeed, had not
-God shown {280} indulgence for the offence committed by Lot when
-drunk?[196] Partly on the authority of Roman law, partly on that of
-Canon law, the earliest practitioners of the Middle Ages followed the
-principle that drunkenness is a ground of extenuation; and this
-doctrine remained strongly rooted in the later jurisprudence, in which
-a drunken person was likened to one under the influence of sleep, or
-drunkenness was regarded as equivalent to insanity.[197] It was not
-until the sixteenth century that a mere general rule, with regard to
-drunkenness as a ground of extenuation, was felt to be insufficient.
-Since the time of Clarus, especially, the opinion began to prevail,
-that the effect of the highest degree of drunkenness was, indeed, to
-exempt from the punishment of _dolus_, but that the offender was still
-subject to the punishment of _culpa_, except in two cases, namely,
-first, when he inebriated himself intentionally, and with a
-consciousness that he might commit a crime while drunk, in which case
-the drunkenness was not allowed to be any ground of exculpation at
-all; and, secondly, when he became intoxicated without any fault on
-his part, as, for example, in consequence of inebriating substances
-having been mingled with his wine by his comrades, in which case he
-was relieved even from the punishment of _culpa_.[198] These views, in
-the main, gradually determined the German practice, and similar
-opinions prevailed in the practice of Italy, Spain, Portugal, and the
-Netherlands.[199] In the annals of Prussian criminal justice of 1824,
-a case is reported of a man who was punished with only one year's
-imprisonment for having killed his little child in a state of
-drunkenness.[200] In other countries a different principle was acted
-upon. An ordinance of Francis I. declared that drunkenness should not
-in any case absolve from the ordinary punishment;[201] and this rule
-was sanctioned and {281} applied by the later French jurisprudence.[202]
-In the Code Pénal, the state of drunkenness is not mentioned as a
-mitigating circumstance; yet the rigour of the law has been tempered
-by the doctrine that intoxication produces a temporary insanity and
-that every kind of insanity is a ground of exculpation.[203] In
-England,[204] Scotland,[205] and the United States,[206] a state of
-voluntary drunkenness is no excuse for crime. Speaking of a person who
-commits homicide when drunk, Hale says that "by the laws of England
-such a person shall have no privilege by this voluntary contracted
-madness, but shall have the same judgment as if he were in his right
-senses."[207] However, in a case where the intention with which the
-act was done is the essence of the offence, the drunkenness of the
-accused may be taken into account by the jury when considering the
-motive or intent with which he acted.[208] According to Chinese law,
-also, intoxication does not affect the question of responsibility.[209]
-
-[Footnote 193: _Digesta_, xlviii. 19. 11. 2; xlix. 16. 6. 7. Mommsen,
-_Römisches Strafrecht_, p. 1043.]
-
-[Footnote 194: _Digesta_, xlviii. 19. 11. 2.]
-
-[Footnote 195: Gratian, _Decretum_, ii. 15. 1. 7.]
-
-[Footnote 196: _Ibid._ ii. 15. 1. 9.]
-
-[Footnote 197: Mittermaier, _Effect of Drunkenness on Criminal
-Responsibility_, p. 6.]
-
-[Footnote 198: Clarus, _Practica criminalis_, qu. lx. nr. 11 (_Opera
-omnia_, ii. 462).]
-
-[Footnote 199: Mittermaier, _op. cit._ p. 7. Du Boys, _Histoire du
-droit criminel de l'Espagne_, p. 290. Italian _Codice Penale_, art. 46
-_sqq._ Spanish _Código Penal reformado_, art. 9, §6.]
-
-[Footnote 200: _Zeitschr. f. die Criminal-Rechts-Pflege in den
-Preussischen Staaten_, edited by Hitzig, iii. 60.]
-
-[Footnote 201: Isambert, Decrusy, and Armet, _Recueil général des
-anciennes lois françaises_, xii. 527.]
-
-[Footnote 202: Mittermaier, _op. cit._ p. 8.]
-
-[Footnote 203: _Ibid._ p. 12 _sq._ Rivière, _loc. cit._ p. 7.]
-
-[Footnote 204: Stephen, _History of the Criminal Law of England_,
-ii. 165.]
-
-[Footnote 205: Hume, _Commentaries on the Law of Scotland_, i. 38.
-Erskine-Rankine, _op. cit._ p. 545.]
-
-[Footnote 206: Bishop, _op. cit._ § 400 _sq._ vol. i. 231 _sqq._]
-
-[Footnote 207: Hale, _op. cit._ i. 32.]
-
-[Footnote 208: Harris, _op. cit._ p. 21. Stephen, _Digest_, art. 32,
-p. 22.]
-
-[Footnote 209: Giles, _Strange Stories from a Chinese Studio_, ii. 30,
-n. 2.]
-
-The great forbearance with which injuries inflicted in a state of
-intoxication are treated by various peoples at comparatively low
-stages of civilisation, is no doubt, to some extent, due to lack of
-foresight. Failing to anticipate the harmful consequences which may
-follow from drunkenness, they also fail to recognise the culpability
-of indulging in it. The American Indians are notorious drunkards, and
-look upon drunkenness as a "delightful frolick."[210] Among the Kandhs
-drunkenness is likewise universal, and their "orgies are evidently not
-regarded as displeasing to their gods."[211] The belief that an
-intoxicated person is possessed with a demon and acts under its
-influence, also helps {282} to excuse him.[212] On the other hand,
-where the law makes no difference between an offender who is sober and
-an offender who is drunk, the culpability of the latter is exaggerated
-in consequence of the stirring effect which the outward event has upon
-public feelings. So great is the influence of the event that certain
-laws, most unreasonably, punish a person both for what he does when
-drunk and for making himself drunk. Thus Aristotle tells us that
-legislators affixed double penalties to crimes committed in
-drunkenness.[213] The same was done by Charles V., in an edict of
-1531,[214] and by Francis I. in 1536.[215] Hardly more reasonable is
-it that the very society which shows no mercy whatever to the
-intoxicated offender, is most indulgent to the act of intoxication
-itself when not accompanied by injurious consequences. Of course it
-may be argued that drunkenness is blamable in proportion as the person
-who indulges in it might expect it to lead to mischievous results. It
-has also been said that, if drunkenness were allowed to excuse, the
-gravest crimes might be committed with impunity by those who either
-counterfeited the state or actually assumed it. Some people even
-maintain that inebriation brings out a person's true character. In a
-Chinese story we read, "Many drunkards will tell you that they cannot
-remember in the morning the extravagances of the previous night, but I
-tell you this is all nonsense, and that in nine cases out of ten those
-extravagances are committed wittingly and with malice prepense."[216]
-However, with all allowance for such considerations, I venture to
-believe that in this, as in many other cases where an injury results
-from want of foresight, the extreme severity of certain laws is
-largely due to the fact that the legislator has been more concerned
-with the external deed than with its source.
-
-[Footnote 210: Adair, _History of the American Indians_, p. 5. Catlin,
-_North American Indians_, ii. 251. Colden, in Schoolcraft, _Indian
-Tribes_, iii. 191. Prescott, _ibid._ iii. 242. James, _op. cit._ i. 265.]
-
-[Footnote 211: Campbell, _Wild Tribes of Khondistan_, p. 165.
-Macpherson, _op. cit._ p. 81 _sq._]
-
-[Footnote 212: _Cf._ Dorsey, 'Siouan Cults,' in _Ann. Rep. Bur. Ethn._
-xi. 424.]
-
-[Footnote 213: Aristotle, _Ethica Nicomachea_, iii. 5. 8.]
-
-[Footnote 214: Damhouder, _Praxis rerum criminalium_, lxxxiv. 20,
-p. 241.]
-
-[Footnote 215: Isambert, Decrusy, and Armet, _op. cit._ xii. 527.]
-
-[Footnote 216: Giles, _op. cit._ ii. 30.]
-
-
-
-
-CHAPTER XI
-
-MOTIVES
-
-
-NO enlightened and conscientious moral judge can regard his judgment
-as final, unless he know the motive, or motives, of the volition by
-which his judgment is occasioned. But in ordinary moral estimates
-little attention is paid to motives. Men desire that certain acts
-should be performed, and that certain other acts should be abstained
-from. The conative causes of acts or forbearances are not equally
-interesting, and they are often hidden. They are considered only in
-proportion as the moral judgment is influenced by reflection.
-
-Take, for instance, acts which are performed from a sense of duty. It
-is commonly said that a person ought to obey his conscience. Yet, in
-point of fact, by doing so he may expose himself to hardly less
-censure than does the greatest villain. The reason for this is not far
-to seek. A man's moral conviction is to some extent an expression of
-his character, hence he may be justly blamed for having a certain
-moral conviction. And the blame which he may deserve on that account
-is easily exaggerated, partly because people are apt to be very
-intolerant concerning opinions of right and wrong which differ from
-their own, partly owing to the influence which external events
-exercise upon their minds.
-
-Somewhat greater discrimination is shown in regard to motives
-consisting of powerful non-volitional conations which in no way
-represent the agent's character, but to which {284} he yields
-reluctantly, or by which he is carried away on the spur of the moment.
-In many such cases even the law--which regards it as no excuse if a
-person commits a crime from a feeling of duty[1]--displays more or
-less indulgence to the perpetrator of a harmful deed.
-
-[Footnote 1: _Cf._ the case Reg. _v._ Morby, _Law Reports, Cases
-determined in the Queen's Bench Division_, viii. 571 _sqq._]
-
-Thus, in the eye of the law, compulsion is oftentimes a ground of
-extenuation. Strictly speaking, a volition can never be compelled into
-existence;[2] to act under compulsion really means to act under the
-influence of some non-voluntary motive, so powerful that every
-ordinary human will would yield to it. As Aristotle puts it, pardon is
-given when "a man has done what he ought not to have done through fear
-of things beyond the power of human nature to endure, and such that no
-man could undergo them. And yet, perhaps, there are some things which
-a man must never allow himself to be compelled to do, but must rather
-choose death by the most exquisite torments."[3] This principle has
-been in some degree recognised by legislation. In many cases of
-felony, if a married woman commits the crime in the presence of her
-husband, the law of England presumes that she acts under his coercion,
-and therefore excuses her from punishment, unless the presumption of
-law is rebutted by evidence;[4] but children and servants are not
-acquitted if committing crimes by the command of a parent or a
-master.[5] Besides the presumption made in favour of married women,
-compulsion by threats of injury to person or property is recognised as
-an excuse for crime only, as it seems, in cases in which the
-compulsion is applied by a body of rebels or rioters, and in which the
-offender takes a subordinate part in the offence.[6] In a time of
-peace, on the other hand, though a man be violently assaulted, and
-have no other possible {285} means of escaping death but by killing an
-innocent person, if he commit the act he will be guilty of murder;
-"for he ought rather to die himself, than kill an innocent."[7] It has
-even been laid down as a general principle that "the apprehension of
-personal danger does not furnish any excuse for assisting in doing any
-act which is illegal."[8] But the English law relating to _duress per
-minas_, and to constraint in general, seems to be harsher both than
-most modern continental laws[9] and than Roman law.[10] Some of the
-Italian practitioners were even of opinion that a person who committed
-homicide by the command of his prince or some other powerful man was
-exempt from all punishment.[11] According to the Talmud, any offence
-perpetrated under compulsion or in mortal fear is excusable in the eye
-of the law, excepting only murder and adultery.[12]
-
-[Footnote 2: Bradley, _Ethical Studies_, p. 40, n. 1.]
-
-[Footnote 3: Aristotle, _Ethica Nicomachea_, iii. i. 7 _sq._]
-
-[Footnote 4: Hale, _History of the Pleas of the Crown_, i. 44 _sqq._
-434. Harris, _Principles of the Criminal Law_, p. 25. Stephen,
-_History of the Criminal Law of England_, ii. 105 _sq._]
-
-[Footnote 5: Hale, _op. cit._ i. 44. Harris, _op. cit._ p. 26.]
-
-[Footnote 6: Stephen, _op. cit._ ii. 106.]
-
-[Footnote 7: Hale, _op. cit._ i. 51. Harris, _op. cit._ p. 24 _sq._]
-
-[Footnote 8: Denman, C. J., in Reg. _v._ Tyler, reported in Carrington
-and Payne, _Reports of Cases argued and ruled at Nisi Prius_, viii. 621.]
-
-[Footnote 9: _Code Pénal_, art. 64; Chauveau and Hélie, _Théorie du
-Code Pénal_, i. 534 _sqq._ Italian _Codice Penale_, art. 49. Spanish
-_Código Penal reformado_, art. 8, § 9 _sqq._ Finger, _Compendium des
-österreichischen Rechtes--Das Strafrecht_, i. 119. Foinitzki, in
-_Législation pénale comparée_, edited by von Liszt, p. 530 (Russian
-law). _Ottoman Penal Code_, art. 42.]
-
-[Footnote 10: Mommsen, _Römisches Strafrecht_, p. 653. Janka, _Der
-strafrechtliche Notstand_, p. 48.]
-
-[Footnote 11: Janka, _op. cit._ p. 60. A different view, however, is
-expressed by Covarruvias (_De matrimoniis_, ii. 3. 4. 6 _sq._ [_Opera
-omnia_, i. 139]):--"Metus numquam excusat nec a mortali, nec a veniali
-crimine. Peccatum maximum malum, nec eo quid grauius."]
-
-[Footnote 12: Benny, _Criminal Code of the Jews according to the
-Talmud Massecheth Synhedrin_, p. 125.]
-
-Suppose, again, that the motive of breaking the law is what has been
-called "compulsion by necessity." The old instance of shipwrecked
-persons in a boat unable to carry them all is a standing illustration
-of this principle. Sir James Stephen says, that "should such a case
-arise, it is impossible to suppose that the survivors would be
-subjected to legal punishment."[13] Yet, in a very similar case,
-occurring in the year 1884, they were. Three men and a boy escaped in
-an open boat from the shipwreck of the yacht _Mignonette_. After
-passing eight days without food, and seeing no prospect of relief, the
-men killed the boy, who was {286} on the verge of death, in order to
-feed on his body. Four days later they were rescued by a passing ship;
-and, on their arrival in England, two of the men were tried for the
-murder of the boy. The defence raised was that the act was necessary
-for the purpose of self-preservation. But it was held by the Court for
-Crown Cases Reserved, that such necessity was no justification of the
-act of causing death when there was a distinct intention to take away
-the life of another innocent person. However, the sentence of death
-was afterwards commuted by the Crown to six months' imprisonment.[14]
-In the same case it was even said that if the boy had had food in his
-possession, and the others had taken it from him, they would have been
-guilty of theft.[15] Bacon's proposition that "if a man steal viands
-to satisfy his present hunger, this is no felony nor larceny,"[16] is
-not law at the present day.[17] It was expressly contradicted by Hale,
-who lays down the following rule:--"If a person, being under necessity
-for want of victuals, or clothes, shall upon that account
-clandestinely, and _animo furandi_ steal another man's goods, it is
-felony and a crime by the laws of England punishable with death; altho
-the judge, before whom the trial is, in this case (as in other cases
-of extremity) be by the laws of England intrusted with a power to
-reprieve the offender before or after judgment, in order to the
-obtaining the king's mercy."[18] Britton excuses "infants under age,
-and poor people, who through hunger enter the house of another for
-victuals under the value of twelve pence."[19] According to the
-Swedish Westgöta-Lag, a poor man who can find no other means of
-relieving himself and his family from hunger may thrice with impunity
-appropriate food belonging to somebody else, but if he does so a
-fourth time he is punished for theft.[20] The Canonist says,
-"Necessitas legem non {287} habet"[21]--"Raptorem vel furem non facit
-necessitas, sed voluntas."[22] This principle has the sanction of the
-Gospel. Jesus said to the Pharisees, "Have ye not read what David did,
-when he was an hungered, and they that were with him; How he entered
-into the house of God, and did eat the shewbread, which was not lawful
-for him to eat, neither for them which were with him, but only for the
-priests?"[23]
-
-[Footnote 13: Stephen, _op. cit._ ii. 108. So, also, according to
-Bacon's _Maxims of the Law_, reg. 5 (_Works_, vii. 344), homicide is
-in such a case justifiable.]
-
-[Footnote 14: Reg. _v._ Dudley and Stephens, in _Law Reports, Cases
-determined in the Queen's Bench Division_, xiv. 273 _sqq._]
-
-[Footnote 15: _Ibid._ xiv. 276.]
-
-[Footnote 16: Bacon, _Maxims of the Law_, reg. 5 (_Works_, vii. 343).]
-
-[Footnote 17: Reg. _v._ Dudley and Stephens, in _Law Reports, Queen's
-Bench Division_, xiv. 286.]
-
-[Footnote 18: Hale, _op. cit._ i. 54.]
-
-[Footnote 19: Britton, i. 11, vol. i. 42.]
-
-[Footnote 20: _Westgöta-Lagen II._ þiufua bolker, 14, p. 164 _sq._]
-
-[Footnote 21: Gratian, _Decretum_, iii. 1. 11.]
-
-[Footnote 22: _Ibid._ iii. 5. 26.]
-
-[Footnote 23: _St. Matthew_, xii. 1 _sqq._]
-
-According to Muhammedan law, the hand is not to be cut off for
-stealing any article of food that is quickly perishable, because it
-may have been taken to supply the immediate demands of hunger.[24] We
-are told that "no Chinese magistrate would be found to pass sentence
-upon a man who stole food under stress of hunger."[25] In ancient
-Peru, according to Herrera, "he that robb'd without need was banish'd
-to the Mountains Andes, never to return without the Inga's leave, and
-if worth it paid the value of what he had taken. He that for want
-stole eatables only was reprov'd, and receiv'd no other punishment,
-but enjoyn'd to work, and threatened, that if he did so again, he
-should be chastiz'd by carrying a stone on his back, which was very
-disgraceful."[26] We even hear of savages who regard "compulsion by
-necessity" as a ground of extenuation. Among the West African Fjort
-robbery of plantations, committed in a state of great hunger, is
-exempt from punishment in case there is no deception or secrecy in the
-matter; however, payment for damage done is expected.[27] Cook says of
-the Tahitians:--"Those who steal clothes or arms, are commonly put to
-death, either by hanging or drowning in the sea; but those who steal
-provisions are bastinadoed. By this practice they wisely vary the
-punishment of the same crime, when committed from different
-motives."[28]
-
-[Footnote 24: Lane, _Manners and Customs of the Modern Egyptians_,
-p. 121.]
-
-[Footnote 25: Giles, _Strange Stories from a Chinese Studio_, ii. 217,
-n. 5.]
-
-[Footnote 26: Herrera, _General History of the West Indies_, iv. 337.]
-
-[Footnote 27: Dennett, in _Jour. African Society_, i. 276.]
-
-[Footnote 28: Cook, _Journal of a Voyage round the World_, p. 41 _sq._]
-
-{288} A special kind of self-preservation is self-defence. Here the
-ground of justification is not merely the motive of the agent, but
-also the wrongness or criminality of the act which he tries to
-prevent. Hence the right of inflicting injuries as a necessary means
-of self-preservation has been more generally recognised in the case of
-self-defence than in other cases of "compulsion by necessity." "Vim vi
-repellere" was regarded by the ancients as a natural right,[29] as a
-law "non scripta, sed nata";[30] and the same view was taken by the
-Canonist.[31] Even in the savage world self-defence and killing in
-self-defence are not infrequently justified by custom.[32] But in
-other instances the influence of the external event makes itself felt
-also in the case of self-defence. Among the Fjort, though a person who
-kills another in self-defence is exempt from punishment, he is
-expected to pay damages.[33] Among the Hottentots self-defence is
-regarded as a mitigating circumstance, but not as an excuse in the
-full sense of the word.[34] Among other peoples it is not considered
-at all.[35] Among the ancient Teutons a person who committed homicide
-in self-defence had to pay _wer_;[36] and in Germany such a person
-seems to have been subject to punishment still in the later Middle
-Ages.[37] In England, in the thirteenth century, he was considered to
-deserve royal pardon, but he also needed it.[38]
-
-[Footnote 29: _Digesta_, xliii. 16. i. 27: "Vim vi repellere licere
-Cassius scribit idque ius natura comparatur."]
-
-[Footnote 30: Cicero, _Pro Milone_, 4 (10).]
-
-[Footnote 31: Gratian, _Decretum_, i. 1. 7.]
-
-[Footnote 32: Merker, quoted by Kohler, in _Zeitschr. f. vergl.
-Rechtswiss._ xv. 64 (Wadshagga). Lang, in Steinmetz, _Rechtsverhältnisse_,
-p. 257 (Washambala).]
-
-[Footnote 33: Dennett, in _Jour. African Society_, i. 276.]
-
-[Footnote 34: Kohler, in _Zeitschr. f. vergl. Rechtswiss._ xv. 353.]
-
-[Footnote 35: Steinmetz, _Rechtsverhältnisse_, p. 50 (Banaka and
-Bapuku). Tellier, _ibid._ p. 176 (Kreis Kita). Marx, _ibid._ p. 357
-(Amahlubi). Senfft, _ibid._ p. 450 (Marshall Islanders).]
-
-[Footnote 36: Geyer, _Lehre von der Nothwehr_, p. 88 _sqq._ Trummer,
-_Vorträge über Tortur, &c._ i. 430. Stemann, _Den danske Retshistorie
-indtil Christian V.'s Lov_, p. 659. _Cf._ _Leges Henrici I._ lxxx. 7;
-lxxxvii. 6.]
-
-[Footnote 37: Trummer, _op. cit._ i. 428 _sqq._ von Feuerbach-Mittermaier,
-_Lehrbuch des Peinlichen Rechts_, p. 64. Brunner observes (_Deutsche
-Rechtsgeschichte_, ii. 630), "Nicht das Benehmen des Getöteten war die
-causa des Todschlags, sondern nur die feindselige Absicht des
-Todschlagers."]
-
-[Footnote 38: Bracton, _De Legibus et Consuetudinibus Angliæ_, fol.
-132 b, vol. ii. 366 _sqq._ Pollock and Maitland, _History of English
-Law before the Time of Edward I._ ii. 574.]
-
-{289} In self-defence there should of course be a proportion between
-the injury which the aggressor intended to inflict and the injury
-inflicted on him by the person attacked. The most widely-recognised
-ground on which life is allowed to be taken in self-defence is danger
-of death. But it is not the exclusive ground. Among the Wakamba "a
-thief entering a village at night can be killed"; though, if he is,
-the incident generally gives rise to a blood-feud between his family
-and the family of the slayer.[39] In Uganda "there is no penalty for
-killing a thief who enters an enclosure at night";[40] and among
-various peoples at higher stages of culture we likewise find the
-provision that a nocturnal thief or house-breaker may be killed with
-impunity, though a diurnal thief may not.[41] This law, however, seems
-to have been due not so much to the fact that by night the proprietor
-had less chance of recovering his property, as to the greater danger
-to which he was personally exposed.[42] The Roman Law of the Twelve
-Tables allows the diurnal thief also to be killed, in case he defends
-himself with a weapon;[43] and, as regards the nocturnal thief, Ulpian
-expressly says that the owner of the property is justified in killing
-him only if he cannot spare the life of the thief without peril to
-himself.[44] The same rule was laid down by Bracton[45] and by
-Grotius. The latter observes, "No one ought to be slain directly for
-the sake of mere things, which would be done if I were to kill an
-unarmed flying thief with a missile, and so recover my goods: but if I
-am myself in danger of life, then I may repel the danger even with
-danger to the life of another; nor does this cease to hold, however I
-have come into that danger, whether by trying to retain my property,
-or to {290} recover it, or to capture the thief; for in all these
-cases I am acting lawfully according to my right."[46]
-
-[Footnote 39: Decle, _Three Years in Savage Africa_, p. 488.]
-
-[Footnote 40: Ashe, _Two Kings of Uganda_, p. 294.]
-
-[Footnote 41: _Ta Tsing Leu Lee_, sec. cclxxvii. p. 297 (Chinese).
-_Exodus_, xxii. 2 _sq._ _Lex Duodecim Tabularum_, viii. 11 _sq._
-Plato, _Leges_, ix. 874. _Lex Baiuwariorum_, ix. (viii.) 5. Du Boys,
-_Histoire du droit criminel de l'Espagne_, p. 288 (Spanish
-Partidas).]
-
-[Footnote 42: _Cf._ Gregory IX. _Decretales_, v. 12. 3; _Mishna_, fol.
-72, quoted by Rabbinowicz, _Législation criminelle du Talmud_, p. 122.]
-
-[Footnote 43: _Lex Duodecim Tabularum_, viii. 12. Cicero, _Pro
-Milone_, 3 (9).]
-
-[Footnote 44: _Digesta_, xlviii. 8. 9.]
-
-[Footnote 45: Bracton, _op. cit._ fol. 144 b, vol. ii. 464 _sq._]
-
-[Footnote 46: Grotius, _De jure belli et pacis_, ii. 1. 12. 1.]
-
-According to the law of England, a woman is justified in killing one
-who attempts to ravish her; and so also the husband or father may kill
-a man who attempts a rape on his wife or daughter, if she do not
-consent.[47] We meet with similar provisions in many other laws,
-modern and ancient.[48] St. Augustine says that the law allows the
-killing of a ravisher of chastity, either before or after the act, in
-the same manner as it permits a person to kill a highwayman who makes
-an attempt upon his life.[49] According to the Talmud, it is
-permissible to kill a would-be criminal, in order to prevent the
-commission of either murder or adultery "to save an innocent man's
-life, or a woman's honour"; but when the crime has already been
-accomplished, the criminal cannot be thus disposed of.[50]
-
-[Footnote 47: Harris, _op. cit._ p. 145.]
-
-[Footnote 48: Erskine-Rankine, _Principles of the Law of Scotland_, p.
-558. _Ottoman Penal Code_, art. 186. Nordström, _Bidrag till den
-svenska samhälls-författningens historia_, ii. 349 (ancient Swedish
-laws). Plato, _Leges_, ix. 874.]
-
-[Footnote 49: St. Augustine, _De libero arbitrio_, i. 5 (Migne,
-_Patrologiæ cursus_, xxxii. 1227).]
-
-[Footnote 50: Benny, _op. cit._ p. 125. Rabbinowicz, _op. cit._ p. 124.]
-
-Among many peoples who in other cases prohibit self-redress, an
-adulterer and an adulteress may be put to death by the aggrieved
-husband, especially if they be caught _flagrante delicto_. Such a
-custom prevails in various uncivilised societies where justice is
-generally administered by a council of elders or the chief.[51] Among
-the ancient {291} Peruvians "a man killing his wife for adultery was
-free; but if for any other fault he died for it, unless he were a man
-in dignity, and then some other penalty was inflicted."[52] According
-to Chinese penal law, "when a principal or inferior wife is discovered
-by her husband in the act of adultery, if such husband at the very
-time that he discovers kills the adulterer, or adulteress, or both, he
-shall not be punishable."[53] By the law of Nepal, the Parbattia
-husband retains the privilege of avenging, with his own hand, the
-violation of his marriage bed, and anyone, save a learned Brahman or a
-helpless boy, who instead of using his own sword, should appeal to the
-courts, would be covered with eternal disgrace.[54] In all purely
-Moslem nations custom "overwhelms with ignominy the husband or son of
-an adulteress who survives the discovery of her sin; he is taboo'd by
-society; he becomes a laughing-stock to the vulgar, and a disgrace to
-his family and friends."[55] According to the 'Lex Julia de
-adulteriis,' a Roman father had a right to kill both his married
-daughter and her accomplice if she was taken in adultery either in his
-house or in her husband's, provided that both of them were killed, and
-that it was done at once. The husband, on the other hand, had no such
-right as to his wife in any case, and no such right as to her
-accomplice unless he was an infamous person or a slave, taken, not in
-his father-in-law's house, but in his own.[56] However, it seems that
-in more ancient times the husband was entitled to kill an adulterous
-wife;[57] and his right of self-redress in the case of adultery was
-again somewhat extended by Justinian beyond the very narrow limits set
-down by the Lex Julia.[58] According to an Athenian law, "if one man
-shall kill another . . . after catching him with his wife, or with his
-mother, or with a {292} sister, or with a daughter, or with a
-concubine whom he keeps to beget free-born children, he shall not go
-into exile for homicide on such account."[59] Ancient Teutonic law
-allowed a husband to kill both his unfaithful wife and the adulterer,
-if he caught them in the act;[60] according to the Laws of Alfred, an
-adulterer taken _flagrante delicto_ by the woman's lawful husband,
-father, brother, or son, might be killed without risk of
-blood-feud.[61] In the thirteenth century, however, there are already
-signs that, in England, the outraged husband who found his wife in the
-act of adultery might no longer slay the guilty pair or either of
-them, although he might emasculate the adulterer.[62] The present law
-treats the killing of an adulterer taken in the act in the same way as
-homicide committed in a quarrel; by slaying him, the husband is guilty
-of manslaughter only, though, if the killing were deliberate and took
-place in revenge after the fact, the crime would be murder. This seems
-to be the only case in English law in which provocation, other than by
-actual blows, is considered sufficient to reduce homicide to
-manslaughter, if the killing be effected by a deadly weapon.[63] There
-are corresponding provisions in other modern laws.[64] As a rule,
-flagrant adultery does not justify homicide, but serves as an
-extenuating circumstance.[65] But according to the French Code Pénal,
-"dans le cas d'adultère . . . le meurtre commis par l'époux sur son
-épouse, ainsi que sur le complice, à l'instant où il les surprend en
-flagrant délit dans la maison conjugale, est excusable."[66] And in
-Russia, though the law does not exempt from punishment a {293} husband
-who thus avenges himself, the jury show great indulgence to him.[67]
-
-[Footnote 51: Dalton, _Descriptive Ethnology of Bengal_, p. 45;
-Stewart, in _Jour. As. Soc. Bengal_, xxiv. 628 (Kukis). Macpherson,
-_Memorials of Service in India_, p. 83; Hunter, _Annals of Rural
-Bengal_, iii. 76 (Kandhs). Anderson, _Mandalay to Momien_, p. 140
-(Kakhyens). MacMahon, _Far Cathay and Farther India_, p. 273
-(Indo-Burmese border tribes). Crawfurd, _History of the Indian
-Archipelago_, iii. 130. von Brenner, _Besuch bei den Kannibalen
-Sumatras_, pp. 211, 213. Modigliani, _Viaggio a Nías_, p. 495. Dorsey,
-'Omaha Sociology,' in _Ann. Rep. Bur. Ethn._ iii. 364. Dyveyrier,
-_Exploration du Sahara_, p. 429 (Touareg). Barrow, _Travels into the
-Interior of Southern Africa_, i. 207 (Kafirs). Among the Gaika tribe
-of the Kafirs, however, "a man is fined for murder, if he kills an
-adulterer or adulteress in the act, although he be the husband of the
-adulteress" (Maclean, _Compendium of Kafir Laws and Customs_, p. 111).
-Among the Wakamba, "if a man is caught in adultery at night, the
-husband has a right to kill him; but if the injured man thus takes the
-law into his own hands in the daytime, he is dealt with as a murderer"
-(Decle, _op. cit._ p. 487).]
-
-[Footnote 52: Herrera, _op. cit._ iv. 338.]
-
-[Footnote 53: _Ta Tsing Leu Lee_, sec. cclxxxv. p. 307.]
-
-[Footnote 54: Hodgson, _Miscellaneous Essays_, ii. 235, 236, 272.]
-
-[Footnote 55: Burton, _Sind Revisited_, ii. 54 _sq._]
-
-[Footnote 56: _Digesta_, xlviii. 5. 21 _sq._]
-
-[Footnote 57: Gellius, _Noctes Atticæ_, x. 23. 5. _Cf._ Mommsen,
-_Römisches Strafrecht_, p. 625.]
-
-[Footnote 58: _Novellæ_, cxvii. 15.]
-
-[Footnote 59: Demosthenes, _Contra Aristocratem_, 53, p. 637.]
-
-[Footnote 60: Wilda, _Strafrecht der Germanen_, p. 823. Nordström,
-_op. cit._ ii. 62 _sq._ Stemann, _op. cit._ p. 325.]
-
-[Footnote 61: _Laws of Alfred_, ii. 42.]
-
-[Footnote 62: Pollock and Maitland, _op. cit._ ii. 484. The same right
-is granted by a Spanish mediæval law to a father, or a husband, who
-finds a man having illegitimate sexual intercourse with his daughter,
-or wife (Du Boys, _Histoire du droit criminel de l'Espagne_, p. 93).]
-
-[Footnote 63: Hale, _op. cit._ i. 486. Harris, _op. cit._ p. 145.
-Cherry, _Lectures on the Growth of Criminal Law_, p. 82 _sq._]
-
-[Footnote 64: Italian _Codice Penale_, art. 377. Spanish _Código Penal
-reformado_, art. 438. _Ottoman Penal Code_, art. 188.]
-
-[Footnote 65: Günther, _Idee der Wiedervergeltung_, iii. 233 _sqq._]
-
-[Footnote 66: _Code Pénal_, art. 324.]
-
-[Footnote 67: Foinitzki, _loc. cit._ p. 548.]
-
-Whilst the law referring to self-defence has gradually become more
-liberal, the law referring to self-redress in the case of adultery has
-thus, generally speaking, become more severe. The reason for this is
-obvious. A husband who slays his unfaithful wife or her accomplice
-does not defend, but avenges himself; and it is to be expected that a
-society in which punishment has only just succeeded revenge should
-still admit, or tolerate, revenge in extreme cases. The privilege
-granted to the outraged husband is not the sole survival of the old
-system of self-redress lingering on under the new conditions.
-According to Kafir custom or law, the relatives of a murdered man
-become liable only to a very light fine if they kill the murderer.[68]
-The ancient Teutons, at a time when their laws already prohibited
-private revenge, did not look upon an avenger of blood in the same
-light as an ordinary manslayer;[69] and even the Church recognised the
-distinction.[70] Some of the ancient Swedish laws entirely excused
-homicide committed in revenge immediately after the crime.[71]
-According to the Östgöta-Lag, an incendiary taken in flagrancy might
-be at once burnt in the fire,[72] and ancient Norwegian law permitted
-the slaying of a thief caught in the act.[73] In the Laws of Ine there
-is an indication that a thief's fate was at the discretion of his
-captor,[74] and a law of Æthelstan implies that the natural and proper
-course as to thieves was to kill them.[75] In the Laws of King Wihtræd
-it is said, "If any one slay a layman while thieving; let him lie
-without 'wergeld.'"[76] So also, according to Javanese law, if a thief
-be caught in the act it is lawful to put him to death.[77] For our
-present {294} purpose it is important to note that all such cases
-imply a recognition of the principle that an act committed on extreme
-provocation requires special consideration. To declare that an
-adulterer or adulteress caught in flagrancy, or a manifest thief, may
-be slain with impunity, is a concession to human passions, which are
-naturally more easily aroused by the sight of an act than by the mere
-knowledge of its commission. It was for a similar reason that the Law
-of the Twelve Tables punished _furtum manifestum_ much more heavily
-than _furtum nec manifestum_;[78] and that the Laws of Alfred imposed
-death as the penalty for fighting in the King's hall if the offender
-was taken in the act, whereas he was allowed to pay for himself if he
-escaped and was subsequently apprehended.[79]
-
-[Footnote 68: Maclean, _op. cit._ p. 143. _Cf._, however, _ibid._
-p. 110.]
-
-[Footnote 69: Wilda, _op. cit._ p. 562. Stemann, _op. cit._ p. 582 _sq._]
-
-[Footnote 70: Wilda, _op. cit._ pp. 180, 565. Labbe-Mansi, _Sacrorum
-Conciliorum collectio_, xii. 289.]
-
-[Footnote 71: Nordström, _op. cit._ ii. 414 _sq._]
-
-[Footnote 72: _Ibid._ ii. 416.]
-
-[Footnote 73: Wilda, _op. cit._ p. 889.]
-
-[Footnote 74: _Laws of Ine_, 12. _Cf._ Stephen, _op. cit._ i. 62.]
-
-[Footnote 75: _Laws of Æthelstan_, iv. 4.]
-
-[Footnote 76: _Laws of Wihtræd_, 25.]
-
-[Footnote 77: Crawfurd, _op. cit._ iii. 115.]
-
-[Footnote 78: _Institutiones_, iv. 1. 5.]
-
-[Footnote 79: _Laws of Alfred_, ii. 7.]
-
-The difference between an injury which a person inflicts deliberately,
-in cold blood, and one which he inflicts in the heat of the moment,
-under the disturbance of great excitement caused by a wrong done to
-himself, has been widely recognised. There are instances reported of
-savages who distinguish between murder and manslaughter. And the laws
-of all civilised nations agree in regarding, on certain conditions,
-passion aroused by provocation as a mitigating circumstance at the
-commission of a crime.
-
-The Australian Narrinyeri, as we have seen, have a tribunal, called
-_tendi_, consisting of the elders of the clan, to which all offenders
-are brought for trial. "In case of the slaying by a person or persons
-of one clan of the member of another clan in time of peace, the
-fellow-clansmen of the murdered man will send to the friends of the
-murderer and invite them to bring him to trial before the united
-tendies. If, after full inquiry, he is found to have committed the
-crime, he will be punished according to the degree of guilt. If it
-were a case of murder, with malice aforethought, he would be handed
-over to his own clan to be put to death by spearing. If it should be
-what we call manslaughter, he would receive a good thrashing, or be
-banished from his clan, or compelled to go to his mother's {295}
-relations."[80] In the Pelew Islands, if two natives are quarrelling,
-and the one says to the other, "Your wife is bad," the insulted party
-is entitled to chastise the provoker with a stone, and is not held
-liable even if the latter should die in consequence.[81] The Eastern
-Central Africans "are aware of the difference between murder and
-homicide," even though the punishment of the two crimes is often the
-same.[82] Among the Kandhs only slight compensation is awarded "for
-wounds, however serious, given under circumstances of extreme
-provocation."[83] "_Valdeyak_, or manslaughter," says Georgi, "is not
-capital among the Tungusians, when it has been occasioned by some
-antecedent quarrel. The slayer is however whipped, and obliged to
-maintain the family of the deceased: he undergoes no reproaches on
-account of the affair; but on the contrary is considered as a brave
-and courageous man for it."[84]
-
-[Footnote 80: Taplin, 'Narrinyeri,' in Woods, _Native Tribes of South
-Australia_, p. 34 _sq._]
-
-[Footnote 81: Kubary, 'Die Palau-Inseln,' in _Journal des Museum
-Godeffroy_, iv. 43 _sq._]
-
-[Footnote 82: Macdonald, _Africana_, i. 172.]
-
-[Footnote 83: Macpherson, _op. cit._ p. 82.]
-
-[Footnote 84: Georgi, _Russia_, iii. 83. _Cf._ also Turner, 'Ethnology
-of the Ungava District,' in _Ann. Rep. Bur. Ethn._ xi. 186.]
-
-Among the ancient Peruvians, "when one killed another in a quarrel,
-the first thing enquired into was, who had been the aggressor; if the
-dead man, then the punishment was slight, at the will of the Inga; but
-if the surviver had given the provocation, his penalty was death, or
-at least perpetual banishment to the Andes, there to work in the
-Inga's fields of corn, which was like sending him to the galeys. A
-murderer was immediately publickly put to death, tho' he were a man of
-quality."[85] Among the Mayas of Yucatan and Nicaragua, in case of
-great provocation or absence of malice, homicide was atoned by the
-payment of a fine.[86]
-
-[Footnote 85: Herrera, _op. cit._ iv. 337 _sq._]
-
-[Footnote 86: Bancroft, _Native Races of the Pacific States_, ii. 658.]
-
-From certain passages in the Mosaic law the conclusion has been
-drawn that the ancient Hebrews did not consider it obligatory to
-inflict death upon him who had killed his neighbour in a fit of
-passion.[87] It is said that a man shall be put to death if he "come
-presumptuously upon his neighbour, to slay him with guile,"[88] or if
-he "hate his neighbour, and lie in wait for him, and rise up against
-him, and smite him mortally that he die."[89] On the other hand, he
-shall be allowed a resort to a city {296} of refuge if "he lie not in
-wait,"[90] or if he thrust his neighbour "suddenly without
-enmity."[91]
-
-[Footnote 87: Goitein, _Das Vergeltungsprincip im biblischen und
-taltmudischen Strafrecht_, p. 33 _sqq._]
-
-[Footnote 88: _Exodus_, xxi. 14.]
-
-[Footnote 89: _Deuteronomy_, xix. 11 _sq._]
-
-[Footnote 90: _Exodus_, xxi. 13.]
-
-[Footnote 91: _Numbers_, xxxv. 22, 25.]
-
-Professor Leist suggests that in ancient Greece, at a time when
-blood-revenge was a sacred duty in the case of premeditated murder,
-homicide committed without premeditation could be forgiven by the
-avenger of blood.[92] Plato, in his 'Laws,' draws a distinction
-between him "who treasures up his anger and avenges himself, not
-immediately and at the moment, but with insidious design, and after an
-interval," and him "who does not treasure up his anger, and takes
-vengeance on the instant, and without malice prepense." The deed of
-the latter, though not involuntary, "approaches to the involuntary,"
-and should therefore be punished less severely than the crime
-perpetrated by him who has stored up his anger.[93] Aristotle, also,
-whilst denying that "acts done from anger or from desire are
-involuntary,"[94] maintains that "assaults committed in anger, are
-rightly decided not to be of malice aforethought, for they do not
-originate in the volition of the man who has been angered, but rather
-in that of the man who so angered him."[95] And he adds that "everyone
-will admit that he who does a disgraceful act, being at the same time
-free from desire, or at any rate feeling desire but slightly, is more
-to be blamed than is he who does such an act under the influence of a
-strong desire; and that he who, when not in a passion, smites his
-neighbour, is more to be blamed than is he who does so when in a
-passion."[96] Cicero likewise points out that "in every species of
-injustice it is a very material question whether it is committed
-through some agitation of passion, which commonly is short-lived and
-temporary, or from deliberate, prepense, malice; for those things
-which proceed from a short, sudden fit, are of slighter moment than
-those which are inflicted by forethought and preparation."[97]
-
-[Footnote 92: Leist, _Græco-italische Rechtsgeschichte_, pp. 325, 352.]
-
-[Footnote 93: Plato, _Leges_, ix. 867.]
-
-[Footnote 94: Aristotle, _Ethica Nicomachea_, iii. 1. 21.]
-
-[Footnote 95: _Ibid._ v. 8. 9.]
-
-[Footnote 96: _Ibid._ vii. 7. 3.]
-
-[Footnote 97: Cicero, _De officiis_, i. 8.]
-
-Of ancient Russian law M. Kovalewsky observes, "L'existence d'une
-excitation violente est prise en considération, par notre antique
-législation, qui déclare le crime accompli sous leur influence non
-imputable."[98] According to ancient Irish law, "homicide was
-divisible into the two classes of simple manslaughter and murder, the
-difference between which lay in the {297} existence or absence of
-malice aforethought, the fine in the latter being double what it was
-in the former case"; and for a wound which was inflicted inadvertently
-in lawful anger, the payment was made upon a diminished scale.[99] The
-ancient Teutons, also, held a wrong committed in sudden anger and on
-provocation to be less criminal than one committed with premeditation
-in cold blood;[100] this opinion seems partly to be at the bottom of
-the distinction which they made between open and secret homicide.[101]
-According to the law of the East Frisians, a man who kills another
-without premeditation may buy off his neck with money, not so he who
-commits a murder with malice aforethought.[102] It is curious that
-Bracton should take no notice of the different grades of evil
-intention which may accompany voluntary homicide, and that he should
-omit altogether the question of provocation;[103] Beaumanoir, the
-French jurist, who lived in the same age, mentions in his 'Coutumes du
-Beauvoisis' provocation as an extenuating circumstance,[104] and the
-same view was taken by the Church.[105] Coke, in his Third
-Institute--which may be regarded as the second source of the criminal
-law of England, Bracton being the first--gives an account of malice
-aforethought, and adds, "Some manslaughters be voluntary, and not of
-malice forethought, upon some sudden falling out. _Delinquens per iram
-provocatus puniri debet mitius_."[106] Hume says that in Scotland "the
-manslayer on suddenty was to have the benefit of the girth or
-sanctuary: he might flee to the church or other holy place; from which
-he might indeed be taken for trial, but to be returned thither, safe
-in life and limb, if his allegation of _chaude melle_ were
-proved."[107] All modern codes regard provocation under certain
-circumstances as a mitigating circumstance.[108] According to the
-criminal law of Montenegro, great provocation may even relieve a
-homicide of all guilt.[109]
-
-[Footnote 98: Kovalewsky, _Coutume contemporaine_, p. 291.]
-
-[Footnote 99: _Ancient Laws of Ireland_, iii. pp. xciii. cx.]
-
-[Footnote 100: Wilda, _op. cit._ p. 560 _sqq._, 701. Stemann, _op.
-cit._ p. 574. von Amira, in Paul's _Grundriss der germanischen
-Philologie_, ii. pt. ii. 174.]
-
-[Footnote 101: Wilda, _op. cit._ p. 569. von Amira, _loc. cit._ p. 173.]
-
-[Footnote 102: _Das Ostfriesische Land-Recht_, iii. 17 _sq._]
-
-[Footnote 103: _Cf._ Stephen, _op. cit._ iii. 33.]
-
-[Footnote 104: Beaumanoir, _Coutumes du Beauvoisis_, xxx. 101, vol. i.
-454 _sq._]
-
-[Footnote 105: Gregory III. _Judicia congrua penitentibus_, 3
-(Labbe-Mansi, _op. cit._ xii. 289).]
-
-[Footnote 106: Coke, _Third Institute_, p. 55.]
-
-[Footnote 107: Hume, _Commentaries on the Law of Scotland_, i. 365.]
-
-[Footnote 108: Günther, _op. cit._ iii. 256 _sqq._]
-
-[Footnote 109: _Ibid._ iii. 255 _sq._]
-
-It has been said that a man who acts under the influence of great
-passion has not, at the time, a full knowledge of the nature and
-quality of his act, and that {298} the clemency of the law is "a
-condescension to the frailty of the human frame, to the _furor
-brevis_, which, while the frenzy lasteth, rendereth the man deaf to
-the voice of reason."[110] But the main cause for passion extenuating
-his guilt is not the intellectual disability under which he acts, but
-the fact that he is carried away by an impulse which is too strong for
-his will to resist. This is implied in the provision of the law, that
-"provocation does not extenuate the guilt of homicide unless the
-person provoked is at the time when he does the act deprived of the
-power of self-control by the provocation which he has received."[111]
-
-[Footnote 110: Foster, _Report of Crown Cases_, p. 315.]
-
-[Footnote 111: Stephen, _Digest_, art. 246, p. 188.]
-
-That anger has been so generally recognised as an extenuation of guilt
-is largely due to the fact that the person who provokes it is himself
-blamable; both morality and law take into consideration the degree of
-provocation to which the agent was exposed. But, at the same time, the
-pressure of a non-volitional motive on the will may by itself be a
-sufficient ground for extenuation. In certain cases of mental disease
-a morbid impulse or idea may take such a despotic possession of the
-patient as to drive him to the infliction of an injury. He is mad, and
-yet he may be free from delusion and exhibit no marked derangement of
-intelligence. He may be possessed with an idea or impulse to kill
-somebody which he cannot resist. Or he may yield to a morbid impulse
-to steal or to set fire to houses or other property, without having
-any ill-feeling against the owner or any purpose to serve by what he
-does.[112] The deed to which the patient is driven is frequently one
-which he abhors, as when a mother kills the child which she loves
-most.[113] In such cases the agent is of course acquitted by the moral
-judge, and if he is condemned by the law of his country and its
-guardians, the reason for this can be nothing but ignorance. We must
-remember that this form of madness was hardly known even to medical
-{299} men till the end of the 18th century,[114] when Pinel, to his
-own surprise, discovered that there were "many madmen who at no period
-gave evidence of any lesion of the understanding, but who were under
-the dominion of instinctive and abstract fury, as if the affective
-faculties had alone sustained injury."[115] And there can be no doubt
-that the fourteen English judges who formulated the law on the
-criminal responsibility of the insane, made no reference to this
-_manie sans délire_ simply because they had not sufficient knowledge
-of the subject with which they had to deal.[116]
-
-[Footnote 112: Maudsley, _Responsibility in Mental Disease_, p. 133
-_sqq._ von Krafft-Ebing, _Lehrbuch der gerichtlichen Psychopathologie_,
-p. 308 _sqq._]
-
-[Footnote 113: Gadelius, _Om tvångstankar_, p. 168 _sq._ Paulhan,
-_L'activité mentale_, p. 374.]
-
-[Footnote 114: Maudsley, _op. cit._ p. 141.]
-
-[Footnote 115: Pinel, _Traité médico-philosophique sur l'aliénation
-mentale_, p. 156: "Je ne fut pas peu surpris de voir plusieurs aliénés
-qui n'offroient à aucune époque aucune lésion de l'entendement, et qui
-étoient dominés par une sorte d'instinct de fureur, comme si les
-facultés affectives seules avoient été lésées."]
-
-[Footnote 116: Sir James Stephen (_Digest_, art. 28, p. 20 _sq._)
-thinks it _possible_ that, according to the present law of England, an
-act is not criminal if the person who does it is, at the time when it
-is done, prevented by any disease affecting his mind from controlling
-his own conduct, unless the absence of the power of control has been
-produced by his own default.]
-
-       *       *       *       *       *
-
-That moral judgments are generally passed, in the first instance, with
-reference to acts immediately intended, and consider motives only in
-proportion as the judgment is influenced by reflection, holds good,
-not only of moral blame, but of moral praise. Every religion presents
-innumerable examples of people who do "good deeds" only in expectation
-of heavenly reward. This implies the assumption that the Deity judges
-upon actions without much regard to their motives; for if motives were
-duly considered, a man could not be held rewardable for an act which
-he performs solely for his own benefit. We are told that the homage
-which the Chinese "render the gods and goddesses believed to be
-concerned in the management of the affairs of this world is
-exceedingly formal, mechanical, and heartless," and that "there seems
-to be no special importance attached to purity of heart."[117]
-According to Caldwell, "the Hindu religionist enjoins the act alone,
-and affirms that motives have nothing to do with merit."[118] The
-argument, "Obey the law because it will {300} profit you to do so,"
-constitutes the fundamental motive of Deuteronomy, as appears from
-phrases like these: "That it may go well with thee," "That thy days
-may be prolonged."[119] Speaking of the modern Egyptians, Lane
-observes that "from their own profession it appears that they are as
-much excited to the giving of alms by the expectation of enjoying
-corresponding rewards in heaven as by pity for the distresses of their
-fellow-creatures, or a disinterested wish to do the will of God."[120]
-Something similar may be said, not only of the "good deeds" of
-Muhammedans, but of those of many Christians. Did not Paley expressly
-define virtue as "the doing good to mankind, in obedience to the will
-of God, and for the sake of everlasting happiness"?[121]
-
-[Footnote 117: Doolittle, _Social Life of the Chinese_, ii. 397.]
-
-[Footnote 118: Caldwell, _Tinnevelly Shanars_, p. 35.]
-
-[Footnote 119: _Cf._ Montefiore, _Hibbert Lectures_, p. 531.]
-
-[Footnote 120: Lane, _Modern Egyptians_, p. 293.]
-
-[Footnote 121: Paley, _Principles of Moral and Political Philosophy_,
-i. 7 (_Complete Works_, ii. 38).]
-
-Such views, however, cannot hold their ground against the verdict of
-the scrutinising moral consciousness. They have been repeatedly
-contradicted by the great teachers of morality. Confucius required an
-inward sincerity in all outward practice, and poured scorn on the
-pharisaism which contented itself with the cleansing of the outside of
-the cup and platter.[122] He said that, "in the rites of mourning,
-exceeding grief with deficient rites is better than little
-demonstration of grief with superabounding rites; and that in those of
-sacrifice, exceeding reverence with deficient rites is better than an
-excess of rites with but little reverence."[123] "Sacrifice is not a
-thing coming to a man from without; it issues from within him, and has
-its birth in his heart. When the heart is deeply moved, expression is
-given to it by ceremonies."[124] The virtuous man offers his
-sacrifices "without seeking for anything to be gained by them."[125]
-"The Master said, 'See what a man does. Mark his motives.'"[126] The
-popular Taouist work, called 'The Book of Secret Blessings,'
-inculcates the necessity {301} of purifying the heart as a preparation
-for all right-doing.[127] The religious legislator of Brahmanism,
-whilst assuming in accordance with the popular view that the
-fulfilment of religious duty will be always rewarded to some extent,
-whatever may be the motive, maintains that the man who fulfils his
-duties without regard to the rewards which follow the fulfilment, will
-enjoy the highest happiness in this life and eternal happiness
-hereafter.[128] According to the Buddhistic Dhammapada, "if a man
-speaks or acts with an evil thought, pain follows him, as the wheel
-follows the foot of the ox that draws the carriage. . . . If a man
-speaks or acts with a pure thought, happiness follows him, like a
-shadow that never leaves him."[129] In his description of the
-Buddhists of Mongolia, the Rev. James Gilmour observes:--"Mongol
-priests recognise the power of motive in estimating actions . . . .
-The attitude of the mind decides the nature of the act. He that offers
-a cup of cold water only, in a proper spirit, has presented a gift
-quite as acceptable as the most magnificent of donations."[130] With
-reference to the Hebrews, Mr. Montefiore says:--"If it were true that
-the later Judaism of the law laid exclusive stress in its moral
-teaching upon the mere outward act and not upon the spirit--upon doing
-rather than being, as we might nowadays express it--we should scarcely
-find that constant harping upon the heart as the source and seat of
-good and evil. What more legal book than Chronicles? Yet it is there
-that we find the earnest supplication for a heart directed towards
-God. . . . The eudæmonistic motive is strongest in Deuteronomy; it is
-weakest with the Rabbis."[131] Few sayings are quoted and applied more
-frequently in the Rabbinical literature than the adage which closes
-those tractates of the Mishna which deal with the sacrificial
-law:--"He that brings few offerings is as he that brings many; let his
-heart be directed {302} heavenward."[132] The same faults which Jesus
-chastises in the hypocritical Rabbis of his day are also chastised in
-the Talmud. It is said, "Before a man prays let him purify his
-heart,"[133] and, "Sin committed with a good motive is better than a
-precept fulfilled from a bad motive."[134] Rabbi Elazar says, "No
-charity is rewarded but according to the degree of benevolence in it,
-for it is said, 'Sow (a reward) for yourselves in giving alms as
-charity, you will reap according to the benevolence.'"[135] Nor is the
-doctrine which requires disinterested motives for the performance of
-good deeds foreign to Muhammedan moralists. "Whatever we give," says
-the author of the Akhlâk-i-Jelâli, "should be given in the fulness of
-zeal and good-will. . . . We should spend it simply to please God, and
-not mix the act with any meaner motive, lest thereby it be rendered
-null and void."[136]
-
-[Footnote 122: _Cf._ Legge, _Religions of China_, p. 261 _sq._; Girard
-de Rialle, _Mythologie comparée_, p. 214.]
-
-[Footnote 123: _Lî Kî_, ii. 1. 2. 27. _Cf._ _Lun Yü_, iii. 4. 3.]
-
-[Footnote 124: _Lî Kî_, xxii. 1.]
-
-[Footnote 125: _Ibid._ xxii. 2.]
-
-[Footnote 126: _Lun Yü_, ii. 10. 1 _sq._]
-
-[Footnote 127: Douglas, _Confucianism and Taouism_, p. 272.]
-
-[Footnote 128: Wheeler, _History of India_, ii. 478.]
-
-[Footnote 129: _Dhammapada_, 1 _sq._]
-
-[Footnote 130: Gilmour, _Among the Mongols_, p. 239.]
-
-[Footnote 131: Montefiore, _op. cit._ pp. 483, 533. _1 Chronicles_,
-xxii. 19; xxviii. 9; xxix. 18 _sq._ _2 Chronicles_, xi. 16; xv. 12;
-xvi. 9.]
-
-[Footnote 132: Montefiore, _op. cit._ p. 484.]
-
-[Footnote 133: _Ibid._ p. 174.]
-
-[Footnote 134: Nazir, fol. 23 B, quoted by Hershon, _Treasures of the
-Talmud_, p. 74.]
-
-[Footnote 135: Succah, fol. 49 B, _ibid._ p. 11.]
-
-[Footnote 136: Quoted by Ameer Ali, _Ethics of Islâm_, p. 38 _sq._]
-
-
-
-
-CHAPTER XII
-
-FORBEARANCES AND CARELESSNESS--CHARACTER
-
-
-THE observation has often been made that in early moral codes the
-so-called negative commandments, which tell people what they ought not
-to do, are much more prominent than the positive commandments, which
-tell them what they ought to do. The main reason for this is that
-negative commandments spring from the disapproval or acts, whereas
-positive commandments spring from the disapproval of forbearances or
-omissions, and that the indignation of men is much more easily aroused
-by action than by the absence of it. A person who commits a harmful
-deed is a more obvious cause of pain than a person who causes harm by
-doing nothing, and this naturally affects the question of guilt in the
-eyes of the multitude. A scrutinising judge of course carefully
-distinguishes between willfulness and negligence, whereas, to his
-mind, a forbearance is morally equivalent to an act. The unreflecting
-judge, on the other hand, is much less concerned with the question of
-wilfulness than with the distinction between acting and not-acting.
-Even the criminal laws of civilised nations take little cognisance of
-forbearances and omissions;[1] and one reason for this is that they
-evoke little public indignation. Even if it be admitted that the rules
-of beneficence, so far as details are concerned, must be left in a
-great measure to {304} the jurisdiction of private ethics, the limits
-of the law on this head, as Bentham remarks, seem "to be capable of
-being extended a good deal farther than they seem ever to have been
-extended hitherto." And he appropriately asks, "In cases where the
-person is in danger, why should it not be made the duty of every man
-to save another from mischief, when it can be done without prejudicing
-himself, as well as to abstain from bringing it on him?"[2]
-
-[Footnote 1: Stephen, _History of the Criminal Law of England_, ii.
-113. Hepp, _Zurechnung auf dem Gebiete des Civilrechts_, p. 115 (Roman
-law).]
-
-[Footnote 2: Bentham, _Principles of Morals and Legislation_, p. 322
-_sq._ To a certain extent, however, this has been admitted by
-legislators even in the Middle Ages. Frederick II.'s Sicilian Code
-imposed a penalty on persons who witnessed conflagrations or
-shipwrecks without helping the victims, and a fine of four augustales
-on anyone who, hearing the shrieks of an assaulted woman, did not
-hurry to her rescue (_Constitutiones Napolitana sive Siculæ_, i. 28,
-22 [Lindenbrog, _Codex legum antiquarum_, pp. 715, 712]). Bracton says
-(_De Legibus et Consuetudinibus Angliæ_, fol. 121, vol. ii. 280 _sq._)
-that he who could rescue a man from death and did not do it, ought not
-to be exempt from punishment. It was a principle of the Canon law that
-he who does not prevent the infliction of an injury upon his neighbour
-when it lies in his power to do so, is to be regarded as an accomplice
-in the offence (Geyer, _Lehre von der Nothwehr_, p. 74. Gregory IX.
-_Decretales_, v. 12, 6. 2: "Qui potuit hominem liberare a morte, et
-non liberavit, eum occidit").]
-
-The more scrutinising the moral consciousness, the greater the
-importance which it attaches to positive commandments. This is well
-illustrated by a comparison between Old and New Testament morality. As
-Professor Seeley observes,[3] "the old legal formula began 'thou shalt
-not,' the new begins with 'thou shalt.' The young man who had kept the
-whole law--that is, who had refrained from a number of actions--is
-commanded to do something, to sell his goods and feed the poor.
-Condemnation was passed under the Mosaic law upon him who had sinned,
-who had done something forbidden--the soul that sinneth shall die;
-Christ's condemnation is pronounced upon those who had not done
-good--'I was an hungered and ye gave me no meat.' The sinner whom
-Christ habitually denounces is he who has done nothing." This
-characteristic is repeatedly manifested in His parables--as in the
-case of the priest and Levite who passed by on the other side; in the
-case of Dives, of whom no ill is recorded except that a beggar lay at
-his {305} gate full of sores and yet no man gave unto him; in the case
-of the servant who hid in a napkin the talent committed to him.
-However, to say that the new morality involved the discovery of "a new
-continent in the moral globe,"[4] is obviously an exaggeration. The
-customs of all nations contain not only prohibitions, but positive
-injunctions as well. To be generous to friends, charitable to the
-needy, hospitable to strangers, are rules which, as will be seen, may
-be traced back to the lowest stages of savagery known to us. The
-difference in question is only one of degree. Of the Bangerang tribe
-in Victoria Mr. Curr observes:--"Aboriginal restraints were, in the
-majority of cases, though not altogether, of a negative character; an
-individual might not do this, and might not eat that, and might not
-say the other. What he should do under any circumstances, or that he
-should do anything, were matters with which custom interfered less
-frequently."[5]
-
-[Footnote 3: Seeley, _Ecce Homo_, p. 176.]
-
-[Footnote 4: _Ibid._ p. 179.]
-
-[Footnote 5: Curr, _Recollections of Squatting in Victoria_, p. 264 _sq._]
-
-Whilst the unreflecting mind has a tendency to overlook or underrate
-the guilt of a person who, whether wilfully or by negligence, causes
-harm by doing nothing, it is on the other hand, apt to exaggerate the
-guilt of a person who, not wilfully but out of heedlessness or
-rashness, causes harm by a positive act. In reality the latter person
-is blamable not for what he did, but for what he omitted to do, for
-want of due attention, for not thinking of the probable consequences
-of his act or for insufficient advertence to them. But the superficial
-judge largely measures the agent's guilt by the actual harm done, and
-in many cases even attributes to carelessness what was due to sheer
-misfortune.
-
-As Sir F. Pollock and Prof. Maitland rightly observe, it is not true
-that barbarians will not trace the chain of causation beyond its
-nearest link--that, for example, they will not impute one man's death
-to another unless that other has struck a blow which laid a corpse at
-his feet.[6] {306} Among the Wanyoro, should a girl die in childbirth,
-the seducer is also doomed to die, unless he ransom himself by payment
-of some cows.[7] Among the Wakamba, if a man is the second time guilty
-of manslaughter in a state of drunkenness, the elders may either
-sentence him to death, "or make the seller of drink pay compensation
-to the family of the victim."[8] According to the native code of
-Malacca, if vicious buffaloes or cattle "be tied in the highway, where
-people are in the habit of passing and repassing, and gore or wound
-any person, the owner shall be fined one tahil and one paha, and pay
-the expense necessary for the cure of the wounded individual. Should
-he be gored to death, then the owner shall be fined according to the
-Diyat, because the owner is criminal in having tied the animal in an
-improper place."[9] In the Laws of Alfred it is said that, if a man
-have a spear over his shoulder and anybody stake himself on it, the
-man with the spear has to pay the _wer_.[10] According to an ancient
-custom, in vogue in England as late as the thirteenth century, one who
-was accused of homicide was, before going to the wager of battle,
-expected to swear that he had done nothing through which the dead man
-had become "further from life and nearer to death";[11] and damages
-which the modern English lawyer would without hesitation describe as
-"too remote" were not too remote for the author of the so-called 'Laws
-of Henry I.'[12] "At your request I accompany you when you are about
-your own affairs; my enemies fall upon and kill me; you must pay for
-my death.[13] You take me to see a wild beast show or that interesting
-spectacle a madman; beast or madman kills me; you must pay. You hang
-up your sword; some one else knocks it down so that it cuts me; you
-must pay."[14] In all these cases you did something that helped to
-bring {307} about death or wound, and you are consequently held
-responsible for the mishap.
-
-[Footnote 6: Pollock and Maitland, _History of English Law before the
-Time of Edward I._ ii. 470.]
-
-[Footnote 7: _Emin Pasha in Central Africa_, p. 83.]
-
-[Footnote 8: Decle, _Three Years in Savage Africa_, p. 487.]
-
-[Footnote 9: Newbold, _British Settlements in the Straits of Malacca_,
-ii. 256 _sq._]
-
-[Footnote 10: _Laws of Alfred_, 36.]
-
-[Footnote 11: _Leges Henrici I._ xc. 11. Bracton, _op. cit._
-fol. 141 b, vol. ii. 440 _sq._]
-
-[Footnote 12: Pollock and Maitland, _op. cit._ ii. 470 _sq._]
-
-[Footnote 13: _Leges Henrici I._ lxxxviii. 9.]
-
-[Footnote 14: _Ibid._ xc. 11. Pollock and Maitland, _op. cit._ ii. 471.]
-
-But though early custom and law may be anxious enough to trace an
-event to its source, they easily fail to distinguish between external
-and internal causes, to discover where there is guilt or not, and, in
-case of carelessness, to determine the magnitude of the offender's
-guilt. Ancient Teutonic law, as we have seen, distinguished between
-_vili_ and _vadhi_. It punished the involuntary manslayer less heavily
-than the voluntary one, but it punished him all the same; and whether
-the unintended deed was combined with heedlessness or was purely
-accidental was a question with which the law did not at all concern
-itself.[15] According to the Laws of [Hv]ammurabi, "if the doctor has
-treated a gentleman for a severe wound with a lancet of bronze, and
-has caused the gentleman to die, or has opened an abscess of the eye
-for a gentleman with the bronze lancet and has caused the loss of the
-gentleman's eye, one shall cut off his hands."[16] In the Mosaic law
-distinction was made between presence and absence of enmity in the
-manslayer, but the difference between carelessness and misfortune was
-not considered,[17] except when the instrument of death was a goring
-ox.[18] However, in this, as in many other respects, great progress
-was made by the later legislation of the Jews. The Rabbis took
-considerable pains to distinguish between purely accidental homicide
-and homicide due to carelessness; the former they exempted from all
-punishment, whereas the latter incurred the punishment of confinement
-to a city of refuge.[19] They even distinguished between cases in
-which the death was exclusively due to the carelessness of the agent,
-and cases in which the deceased contributed to it by some blamable act
-of his own. A father or a teacher {308} who in punishing his son or
-pupil unintentionally caused his death, and a person who by order of
-the Sanhedrim inflicted corporal punishment on a culprit and in doing
-so happened by mistake to kill him--such persons were not confined in
-a city of refuge, but escaped punishment altogether.[20] Whatever else
-may be said of these provisions, they certainly show remarkable
-discernment in a point where legislators of a ruder type have been
-very indiscriminate. In the oldest English records we see no attempt
-to distinguish cases in which the dead man himself was reprehensible
-from others in which no fault could be imputed to him, and we find
-that many horses and boats bore the guilt which should have been
-ascribed to beer.[21] When a drunken carter was crushed beneath the
-wheel of his cart, the cart, the cask of wine which was in it, and the
-oxen that were drawing it, were all deodand.[22] According to the
-customary law of the Ossetes, if a stolen gun went off in the hands of
-the thief who was carrying it away, and killed him, the thief's kin
-had a just feud against the owner of the gun.[23]
-
-[Footnote 15: Wilda, _Strafrecht der Germanen_, p. 578. Geyer, _op.
-cit._ p. 88. Brunner, _Forschungen zur Geschichte des deutschen und
-französischen Rechtes_, p. 499.]
-
-[Footnote 16: _Laws of [Hv]ammurabi_, 218.]
-
-[Footnote 17: _Numbers_, xxxv. 16 _sqq._ _Deuteronomy_, xix. 4 _sqq._]
-
-[Footnote 18: _Exodus_, xxi. 28-32, 35 _sq._ _Cf._ _Laws of
-[Hv]ammurabi_, 250 _sqq._]
-
-[Footnote 19: Rabbinowicz, _Législation criminelle du Talmud_,
-p. 173 _sqq._]
-
-[Footnote 20: _Ibid._ p. 174. Benny, _Criminal Code of the Jews
-according to the Talmud Massecheth Synhedrin_, p. 115 _sq._]
-
-[Footnote 21: Pollock and Maitland, _op. cit._ ii. 474, n. 4.]
-
-[Footnote 22: _Three Early Assize Rolls for the County of
-Northumberland_, p. 96 _sq._]
-
-[Footnote 23: Kovalewsky, _Coutume contemporaine_, p. 295.]
-
-Modern laws generally hold a person liable for harm caused by him
-through want of ordinary care and foresight, and it depends on the
-nature of the case whether he will have to pay damages or to suffer
-punishment. Yet, as we have previously noticed, his punishment is
-determined not only by the degree of carelessness of which he was
-guilty or the danger to which he exposed his fellow-men, but, largely,
-by the harm resulting; whereas, if nobody happens to be hurt, little
-notice is taken of his fault. To such an extent are men's judgments in
-these matters influenced by external facts, that even nowadays many
-among ourselves will hold a person answerable for all the damage which
-directly ensues from an act of his, even though no foresight could
-have reasonably been expected {309} to look out for it.[24] Not long
-ago there were plausible, if insufficient, grounds adduced for
-asserting that in English courts a plea that there was neither
-negligence nor an intent to do harm was no answer to an action which
-charged the defendant with having hurt the plaintiff's body.[25] And
-of late years attacks have been made by continental jurists upon the
-Roman principle that there is no liability where there is no
-fault[26]--a principle which, more or less modified, has been adopted
-by modern laws.[27] Although they take pains to point out the
-difference between punishment and indemnification, the very language
-they use indicates the quasi-ethical basis on which their theory
-rests. It is only just, they say, that he who has caused the evil
-should compensate for it, since the injured party "is still much more
-innocent than he." And the "sense of justice" is appealed to for
-compelling a man who faints in the street and in the fall happens to
-break some fragile articles to indemnify the owner for his loss.[28]
-Thus, whilst loss from accident is generally allowed to lie where it
-falls, an exception is made where the instrument of misfortune is a
-human being. This is a most unreasonable exception, but one not
-difficult to explain. People are ready to blame a person who commits a
-harmful deed, whether he deserves blame or not; at the same time they
-are apt to overlook the indirect and more remote cause of the harm
-which lies in the sufferer's own conduct. Hence the liability, if not
-the guilt, is laid on him who is a cause of pain by _doing_ something,
-even though it be by merely spasmodic contractions of his muscles;
-whereas the other party, who only exposed himself to the risk of being
-hurt, is regarded as the "more innocent."
-
-[Footnote 24: Holmes, _Common Law_, p. 80.]
-
-[Footnote 25: Stanley _v._ Powell, in _Law Reports, Queen's Bench
-Division_, 1891, i. 86 _sqq._ Pollock and Maitland, _op. cit._
-ii. 475 _sq._]
-
-[Footnote 26: von Jhering, _Schuldmoment im römischen Privatrecht_,
-_passim_, especially pp. 20 _sqq._, 40 _sqq._ Hepp, _op. cit._ p. 106.]
-
-[Footnote 27: Forsman, _Bidrag till läran om skadestånd i brottmål_,
-p. 158 _sq._ Pollock, _Law of Torts_, p. 129 _sqq._]
-
-[Footnote 28: Thon, _Rechtsnorm und subjectives Recht_, p. 106, n. 71.]
-
-Whilst culpability or quasi-culpability is thus imputed to the
-innocent committer of a harmful deed, little or no {310} censure is
-passed on him whose want of foresight or want of self-restraint is
-productive of suffering, if only the effect is sufficiently remote.
-This is exemplified by the frivolous leniency with which drunkenness,
-not long ago, was looked upon in many civilised countries, and by the
-criminal indifference with which law and public opinion still regard
-the production of offspring that are almost with certainty doomed to
-misery on account of the vices, poverty, or bodily infirmities of the
-parents. To interfere here, it is argued, would be to intrude upon the
-individual's right of freedom, or to meddle with the affairs of
-Providence. But men are not, generally, allowed to do mischief simply
-in order to gratify their own appetites, and Providence might equally
-well be called in to answer for any other kind of human shortcoming. I
-presume the true explanation to be, that in this, as in many other
-kindred cases, the cause and effect are so distant from each other
-that the near-sighted eye does not distinctly perceive the connection
-between them. Indeed, there is hardly any other point in which the
-moral consciousness of civilised men still stands in greater need of
-intellectual training than in its judgments on cases which display
-want of care or foresight. And there is no safer measure of the moral
-enlightenment of a man than the scrupulosity with which he considers
-the possible consequences of acts, and the number of positive
-commandments which are contained in his catalogue of duties.
-
-       *       *       *       *       *
-
-That moral indignation and moral approval are from the very beginning
-felt, not with reference to certain modes of conduct _per se_, but
-with reference to persons on account of their conduct, is obvious from
-the intrinsic nature of those emotions. As we noticed before, they
-derive one of their most essential characteristics from their being
-directed against sensitive agents. Hence they may as naturally give
-rise to judgments on human character as to judgments on human conduct.
-And even when a moral judgment immediately refers to a distinct act,
-it takes notice of the {311} agent's will as a whole. The forgiveness
-which follows sincere repentance, and the distinction made between
-injuries committed deliberately in cold blood and injuries committed
-in the heat of passion, indicate that men, in their moral judgments,
-are apt to consider something more than a momentary volition. The same
-tendency is at the bottom of the common practice of punishing a second
-and third offence more severely than the first.
-
-Among the Masai, "if a man is convicted of a particular crime
-several times, or constitutes himself a public nuisance, he is
-proclaimed an outlaw, his property is confiscated, and he is beaten
-away from any settlement or village he goes near. Unless an outlaw can
-find friends among non-Masai tribes, he dies of starvation."[29] Among
-the Wakamba "a murder is judged by the elders; if it is a man's first
-offence of that kind he is punished by a fine. . . . But a man
-convicted for the second time of murder is killed at once, everyone
-setting on him the moment judgment is delivered. . . . For rape a
-first offender is flogged, and has to pay a fine of one cow; for the
-second offence he is killed."[30] Among the Wyandots of North America,
-"a woman guilty of adultery, for the first offence is punished by
-having her hair cropped; for repeated offences her left ear is cut
-off."[31] The laws of the Incas, also, were more lenient to a first
-offence than to a second;[32] and in the kingdom of Mechoacan, whilst
-the first theft was not severely punished, the thief who repeated his
-crime was thrown down a precipice and his carcass was left to the
-birds of prey.[33] Among the Aleuts, for the first theft "corporal
-punishment was inflicted; for the second offence of the kind some
-fingers of the right hand were cut off; for the third, the left hand
-and sometimes the lips were amputated; and for the fourth offence the
-punishment was death." Other crimes, again, "were punished at first by
-reprimand by the chief before the community, and upon repetition the
-offender was bound and kept in such a condition for some time."[34]
-The Kamchadales "burn the hands of people who have been frequently
-caught in theft, but for the first offence the thief must restore what
-he hath stolen, and live alone {312} in solitude, without expecting
-any assistance from others."[35] Among the Ainu, "for breaking into
-the storehouse or dwelling of another, a very sound beating was
-administered for the first offence; for the second, sometimes the nose
-was cut off, sometimes the ears, and in some cases both the nose and
-ears were forfeited. . . . Persons who had committed such a crime
-twice were driven bag and baggage out of the home and village to which
-they belonged."[36] Among the Murray Islanders repetition of an
-offence such as murder or robbery generally incurred a penalty of
-death, whereas the first offence was punished only by a fine.[37]
-According to the Javanese Níti Sástra, if a man violates the law, he
-may for the first transgression be punished by a pecuniary fine, for
-the second by a punishment affecting his person, but for the third he
-may be punished with death.[38] The Penal Code of the Chinese
-prescribes that, for the first offence, individuals convicted of being
-concerned in a theft shall be branded in the lower part of the left
-arm with two words signifying thief, that for the second offence they
-shall be branded again with the same words in the lower part of the
-right arm, but that for the third offence they shall suffer death by
-being strangled, after remaining the usual period in confinement.[39]
-In Nepal, in the case of theft or petty burglary, for the first
-offence one hand is cut off, for the second the other hand, whilst the
-third offence is capital.[40] Herodotus mentions with approval that in
-ancient Persia not even the king was allowed to put any one to death
-for a single crime.[41] According to the Vendîdâd, the gravity of a
-crime does not depend only on the gravity of the deed, but on its
-frequency as well.[42] In ancient Rome the repetition of a crime
-aggravated its punishment.[43] According to early English law, the
-punishment upon a second conviction for nearly every offence was death
-or mutilation.[44] In modern European legislation, the principle that
-the criminality of certain crimes is increased by their repetition is
-generally recognised.
-
-[Footnote 29: Hinde, _The Last of the Masai_, p. 108.]
-
-[Footnote 30: Decle, _op. cit._ p. 487.]
-
-[Footnote 31: Powell, 'Wyandot Government,' in _Ann. Rep. Bur. Ethn._
-i. 66.]
-
-[Footnote 32: Herrera, _General History of the West Indies_,
-iv. 338 _sqq._]
-
-[Footnote 33: _Ibid._ iii. 255.]
-
-[Footnote 34: Veniaminof, quoted by Petroff, 'Report on Alaska,' in
-_Tenth Census of the United States_, p. 152.]
-
-[Footnote 35: Krasheninnikoff, _History of Kamschatka_, p. 179.]
-
-[Footnote 36: Batchelor, _Ainu and their Folk-lore_, p. 285.]
-
-[Footnote 37: Hunt, in _Jour. Anthr. Inst._ xxviii. 6.]
-
-[Footnote 38: Raffles, _History of Java_, i. 262.]
-
-[Footnote 39: _Ta Tsing Leu Lee_, sec. cclxix. p. 285.]
-
-[Footnote 40: Hodgson, _Miscellaneous Essays_, ii. 235.]
-
-[Footnote 41: Herodotus, i. 137.]
-
-[Footnote 42: _Vendîdâd_, iv. 17 _sqq._]
-
-[Footnote 43: Mommsen, _Römisches Strafrecht_, p. 1044.]
-
-[Footnote 44: Stephen, _op. cit._ i. 58.]
-
-The more a moral judgment is influenced by reflection, the more it
-scrutinises the character which manifests itself {313} in that
-individual piece of conduct by which the judgment is occasioned. But
-however superficial it be, it always refers to a will conceived of as
-a continuous entity, to a person regarded as a cause of pleasure or
-pain. This holds good of savage and civilised men alike. Even tame
-animals, in response to a hurt or a benefit, behave differently
-towards different persons according to their previous experience of
-the agent.
-
-
-
-
-CHAPTER XIII
-
-WHY MORAL JUDGMENTS ARE PASSED ON CONDUCT AND CHARACTER--MORAL
-VALUATION AND FREE-WILL
-
-
-WE have examined the general nature of the subjects of moral judgments
-from an evolutionary point of view. We have seen that such judgments
-are essentially passed on conduct and character, and that allowance is
-made for the various elements of which conduct and character are
-composed in proportion as the moral judgment is scrutinising and
-enlightened. But an important question still calls for an answer, the
-question, Why is this so? We cannot content ourselves with the bare
-fact that nothing but the will is morally good or bad. We must try to
-explain it.
-
-After what has been said above the explanation is not far to seek.
-Moral judgments are passed on conduct and character, because such
-judgments spring from moral emotions; because the moral emotions are
-retributive emotions; because a retributive emotion is a reactive
-attitude of mind, either kindly or hostile, towards a living being (or
-something looked upon in the light of a living being), regarded as a
-cause of pleasure or as a cause of pain; and because a living being is
-regarded as a true cause of pleasure or pain only in so far as this
-feeling is assumed to be caused by its will. The correctness of this
-explanation I consider to be proved by the fact that not only moral
-emotions, but non-moral retributive emotions as well, are felt with
-reference to phenomena {315} exactly similar in nature to those on
-which moral judgments are passed.
-
-Like moral indignation, the emotion of revenge can be felt only
-towards a sentient being, or towards something which is believed to be
-sentient. We may be angry with inanimate things for a moment, but such
-anger cannot last; it disappears as soon as we reflect that the thing
-in question is incapable of feeling pain. Even a dog which, in playing
-with another dog, hurts itself, for instance, by running into a tree,
-changes its angry attitude immediately it notices the real nature of
-that which caused it pain.[1]
-
-[Footnote 1: Hiram Stanley, _Studies in the Evolutionary Psychology of
-Feeling_, p. 154 _sq._]
-
-Equivalent to injuries resulting from inanimate things are injuries
-resulting accidentally from animate beings. If my arm or my foot gives
-a push to my neighbour, and he is convinced that the push was neither
-intended nor foreseen nor due to any carelessness whatever on my part,
-surely he cannot feel angry with me. Why not? Professor Bain answers
-this question as follows:--"Aware that absolute inviolability is
-impossible in this world, and that we are all exposed by turns to
-accidental injuries from our fellows, we have our minds disciplined to
-let unintended evil go by without satisfaction of inflicting some
-counter evil upon the offender."[2] Perhaps another answer would be
-that an accidental injury in no way affects the "self-feeling" of the
-sufferer. But neither of these explanations goes to the root of the
-question. Let us once more remember that even a dog distinguishes
-between being stumbled over and being kicked; and this can neither be
-the result of discipline, nor have anything to do with the feeling of
-self-regarding pride.[3] The reason is that the dog scents an enemy in
-the person who kicks him, but not in the one who stumbles. My
-neighbour, more clearly still, makes a distinction between a part of
-my body and myself as a {316} volitional being, and finds that _I_ am
-no proper object of resentment when the cause of the hurt was merely
-my arm or my foot. An event is attributed to _me_ as its cause only in
-proportion as it is considered to have been brought about by my will;
-and _I_, regarded as a volitional and sensitive entity, can be a
-proper object of resentment only as a cause of pain.
-
-[Footnote 2: Bain, _Emotions and the Will_, p. 185.]
-
-[Footnote 3: The Koussa Kafirs, according to Lichtenstein (_Travels in
-Southern Africa_, i. 254), expect a similar discrimination from the
-elephant; for "if an elephant is killed . . . they seek to exculpate
-themselves towards the dead animal, by declaring to him solemnly, that
-the thing happened entirely by accident, not by design."]
-
-We can hardly feel disposed to resent injuries inflicted upon us by
-animals, little children, or madmen, when we recognise their inability
-to judge of the nature of their acts. They are not the real causes of
-the mischief resulting from their deeds, since they neither intended
-nor foresaw nor could have foreseen it. "Why," says the Stoic, "do you
-bear with the delirium of a sick man, or the ravings of a madman, or
-the impudent blows of a child? Because, of course, they evidently do
-not know what they are doing. . . . . Would anyone think himself to be
-in his perfect mind if he were to return kicks to a mule or bites to a
-dog?"[4] Hartley observes, "As we improve in observation and
-experience, and in the faculty of analysing the actions of animals, we
-perceive that brutes and children, and even adults in certain
-circumstances, have little or no share in the actions referred to
-them."[5]
-
-[Footnote 4: Seneca, _De ira_, iii. 26 _sq._]
-
-[Footnote 5: Hartley, _Observations on Man_, i. 493.]
-
-Deliberate resentment considers the motives of acts. Suppose that a
-man tells us an untruth. Our feelings towards him are not the same if
-he did it in order to save our life as if he did it for his own
-benefit. Moreover, our anger abates, or ceases altogether, if we find
-that he who injured us acted under compulsion, or under the influence
-or a non-volitional impulse, too strong for any ordinary man to
-resist. Then, the main cause or the injury was not his will, conceived
-as a continuous entity. It yielded to the will of somebody else,
-reluctantly, as it were out of necessity, or to a powerful conation
-which forms no part of his real self. He was merely an instrument in
-another's hands, or he was "beside himself," "beyond himself," "out of
-his {317} mind." When we are angry, says Montaigne, "it is passion
-that speaks, and not we."[6] The religious psychology of the ancient
-Greeks ascribed acts committed upon sudden excitement of mind to the
-_Ate_ which bewilders the mind and betrays the man into deeds which,
-in his sober senses, he is heartily sorry for. Hence the Ate has in
-its train the _Litae_--the humble prayers of repentance, which must
-make good, before gods and men, whatever has been done amiss.[7] The
-Vedic singer apologises, "It is not our own will, Varuna, that leads
-us astray, but some seduction--wine, anger, dice, and our folly."[8]
-In the Andaman Islands violent outbreaks of ill-temper or resentment
-are looked upon as the result of a temporary "possession," and the
-victim is, for the time being, considered unaccountable for his
-actions.[9] Madness, as we have seen, is frequently attributed to
-demoniacal possession. In ancient Ireland, again, it was believed to
-be often brought on by malignant magical agency, usually the work of
-some druid, hence in the Glosses to the Senchus Mór a madman is
-repeatedly described as one "upon whom the magic wisp has been
-thrown."[10] What a person does in madness is not an act committed by
-_him_.
-
-  "Was 't Hamlet wrong'd Laertes? Never Hamlet:
-  If Hamlet from himself be ta'en away,
-  And when he's not himself does wrong Laertes,
-  Then Hamlet does it not, Hamlet denies it.
-  Who does it, then? His madness: if 't be so,
-  Hamlet is of the faction that is wrong'd;
-  His madness is poor Hamlet's enemy."[11]
-
-[Footnote 6: Montaigne, _Essais_, ii. 31 (_[OE]uvres_, p. 396).]
-
-[Footnote 7: _Iliad_, ix. 505 _sqq._ Müller, _Dissertations on the
-Eumenides_, p. 108.]
-
-[Footnote 8: _Rig-Veda_, vii. 86. 6.]
-
-[Footnote 9: Man, in _Jour. Anthrop. Inst._ xii. 111.]
-
-[Footnote 10: Joyce, _Social History of Ancient Ireland_, i. 224.]
-
-[Footnote 11: Shakespeare, _Hamlet_, v. 2.]
-
-We resent not only acts and volitions, but also omissions, though
-generally less severely; and when a hurt is attributed to want of
-foresight, our resentment is, _ceteris paribus_, proportionate to the
-degree of carelessness {318} which we lay to the offender's charge. A
-person appears to us as the cause of an injury which we think he could
-have prevented by his will. But a hurt resulting from carelessness is
-not to the same extent as an intentional injury caused by the will.
-And the less foresight could have been expected in a given case, the
-smaller share has the will in the production of the event.
-
-Our resentment is increased by a repetition of the injury, and reaches
-its height when we find that our adversary nourishes habitual ill-will
-towards us. On the other hand, as we have noticed in a previous
-chapter,[12] the injured party is not deaf to the prayer for
-forgiveness which springs from genuine repentance. Like moral
-indignation, non-moral resentment takes into consideration the
-character of the injurer.
-
-[Footnote 12: _Supra_, ch. iii.]
-
-Passing to the emotion of gratitude, we find a similar resemblance
-between the phenomena which give rise to this emotion and those which
-call forth moral approval. We may feel some kind of retributive
-affection for inanimate objects which have given us pleasure; "a man
-grows fond of a snuff-box, of a pen-knife, of a staff which he has
-long made use of, and conceives something like a real love and
-affection for them."[13] But gratitude, involving a desire to please
-the benefactor, can reasonably be felt towards such objects only as
-are themselves capable of feeling pleasure. Moreover, on due
-deliberation we do not feel grateful to a person who benefits us by
-pure accident. Since gratitude is directed towards the assumed cause
-of pleasure, and since a person is regarded as a cause only in his
-capacity of a volitional being, gratitude presupposes that the
-pleasure shall be due to his will. For the same reason motives are
-also taken into consideration by the benefited party. As Hutcheson
-observes, "bounty from a donor apprehended as morally evil, or
-extorted by force, or conferred with some view of self-interest, will
-not procure real good-will; nay, it may raise indignation."[14] {319}
-Like moral approval, gratitude may be called forth not only by acts
-and volitions, but by absence of volitions, in so far as this absence
-is traceable to a good disposition of will. And, like the moral judge,
-the grateful man is, in his retributive feeling, influenced by the
-notion he forms of the benefactor's character.
-
-[Footnote 13: Adam Smith, _Theory of Moral Sentiments_, p. 136.]
-
-[Footnote 14: Hutcheson, _Inquiry concerning Moral Good and Evil_,
-p. 157.]
-
-The cognitions by which non-moral resentment and gratitude are
-determined are thus, as regards their general nature, precisely
-similar to those which determine moral indignation and approval.
-Whether moral or non-moral, a retributive emotion is essentially
-directed towards a sensitive and volitional entity, or self, conceived
-of as the cause of pleasure or the cause of pain. This solves a
-problem which necessarily baffles solution in the hands of those who
-fail to recognise the emotional origin of moral judgments, and which,
-when considered at all, has, I think, never been fully understood by
-those who have essayed it. It has been argued, for instance, that
-moral praise and blame are not applied to inanimate things and those
-who commit involuntary deeds, because they are administered only
-"where they are capable of producing some effect";[15] that moral
-judgment is concerned with the question of compulsion, because "only
-when a man acts morally of his own free will is society sure of
-him";[16] that we do not regard a lunatic as responsible, because we
-know that "his mind is so diseased that it is impossible by moral
-reprobation alone to change his character so that it maybe
-subsequently relied upon."[17] The bestowal of moral praise or blame
-on such or such an object is thus attributed to utilitarian
-calculation;[18] whereas in reality it is determined by the nature of
-the moral emotion which lies at the bottom of the judgment. And, as
-Stuart Mill observes (though he never seems to have realised the full
-import of his objection), whilst we may administer praise and blame
-with the express design of influencing conduct, "no anticipation of
-salutary effects {320} from our feeling will ever avail to give us the
-feeling itself."[19]
-
-[Footnote 15: James Mill, _Fragment on Mackintosh_, p. 370.]
-
-[Footnote 16: Ziegler, _Social Ethics_, p. 56 _sq._]
-
-[Footnote 17: Clifford, _Lectures and Essays_, p. 296.]
-
-[Footnote 18: See also James Mill, _op. cit._ pp. 261, 262, 375.]
-
-[Footnote 19: Stuart Mill, in a note to James Mill's _Analysis of the
-Phenomena of the Human Mind_, ii. 323.]
-
-       *       *       *       *       *
-
-The nature of the moral emotions also gives us the key to another
-important problem--a problem which has called forth endless
-controversies--namely, the co-existence of moral responsibility with
-the general law of cause and effect. It has been argued that
-responsibility, and moral judgments generally, are inconsistent with
-the notion that the human will is determined by causes; that "either
-free-will is a fact, or moral judgment a delusion." The argument has
-been well summed up by Sir Leslie Stephen as follows:--"Moral
-responsibility, it is said, implies freedom. A man is only responsible
-for that which he causes. Now the _causa causæ_ is also the _causa
-causati_. If I am caused as well as cause, the cause of me is the
-cause of my conduct; I am only a passive link in the chain which
-transmits the force. Thus, as each individual is the product of
-something external to himself, his responsibility is really shifted to
-that something. The universe or the first cause is alone responsible,
-and since it is responsible to itself alone, responsibility becomes a
-mere illusion."[20] We are told that, if determinism were true, human
-beings would be no more proper subjects of moral valuation than are
-inanimate things; that the application of moral praise and blame would
-be "in itself as absurd as to applaud the sunrise or be angry at the
-rain";[21] that the only admiration which the virtuous man might
-deserve would be the kind of admiration "which we justly accord to a
-well-made machine."[22] Nor are these inferences from the doctrine of
-determinism only weapons forged by its opponents; they are shared by
-many of its own adherents. Richard Owen and his followers maintained
-that, since a man's character is made _for_ him, not _by_ him, there
-is no justice in punishing {321} him for what he cannot help.[23] To
-Stuart Mill responsibility simply means liability to punishment,
-inflicted for a utilitarian purpose.[24] So also Prof. Sidgwick--whose
-attitude towards the free-will theory is that of a sceptic--argues
-that the common retributive view of punishment, and the ordinary
-notions of "merit," "demerit," and "responsibility," involve the
-assumption that the will is free, and that these terms, if used at
-all, have to be used in new significations. "If the wrong act," he
-says, "and the bad qualities of character manifested in it, are
-conceived as the necessary effects of causes antecedent or external to
-the existence of the agent, the moral responsibility--in the ordinary
-sense--for the mischief caused by them can no longer rest on him. At
-the same time, the Determinist can give to the terms 'ill-desert' and
-'responsibility' a signification which is not only clear and definite,
-but, from an utilitarian point of view, the only suitable meaning. In
-this view, if I affirm that A is responsible for a harmful act, I mean
-that it is right to punish him for it; primarily, in order that the
-fear of punishment may prevent him and others from committing similar
-acts in future."[25]
-
-[Footnote 20: Leslie Stephen, _Science of Ethics_, p. 285.]
-
-[Footnote 21: Martineau, _Types of Ethical Theory_, ii. 41 _sq._]
-
-[Footnote 22: Balfour, _Foundations of Belief_, p. 25.]
-
-[Footnote 23: Stuart Mill, _Examination of Sir William Hamilton's
-Philosophy_, p. 506.]
-
-[Footnote 24: _Ibid._ p. 506 _sqq._]
-
-[Footnote 25: Sidgwick, _Methods of Ethics_, p. 71 _sq._]
-
-If these conclusions are correct it is obvious that, whether the
-infliction of punishment be justifiable or not, the _feeling_ of moral
-indignation or moral approval is, from the deterministic point of
-view, absurd. And yet, as a matter of fact, these emotions are felt by
-determinists and libertarians alike. Apparently, they are not in the
-least affected by the notion that the human will is subject to the
-general law of cause and effect. Emotions are always determined by
-specific cognitions, and last only as long as the influence of those
-cognitions lasts. It makes me sorry to hear that some evil has
-befallen a friend; but my sorrow disappears at once when I find that
-the rumour was false. I get angry with a person who hurts me; but my
-anger subsides as soon as I recognise that the hurt was purely
-accidental. My indignation is aroused by an {322} atrocious crime; but
-it ceases entirely when I hear that the agent was mad. On the other
-hand, however convinced I am that a person's conduct and character are
-in every detail a product of causes, that does not prevent me from
-feeling towards him retributive emotions--either anger or gratitude,
-or moral resentment or approval. Hence I conclude that a retributive
-emotion is not essentially determined by the cognition of free-will. I
-hold that Spinoza is mistaken in his assumption that men feel more
-love or hatred towards one another than towards anything else, because
-they think themselves to be free.[26] And I attribute the conception
-that moral valuation is inconsistent with determinism either to a
-failure to recognise the emotional origin of moral judgments or to
-insufficient insight into the true nature of the moral emotions. At
-the same time it seems easy to explain the fallacy which lies at the
-bottom of that conception.
-
-[Footnote 26: Spinoza, _Ethica_, iii. 49, Note.]
-
-We have seen that the object of moral approval and disapproval is the
-will, and that a person's responsibility is lessened in proportion as
-his will is exposed to the pressure of non-volitional conations. Full
-responsibility thus presupposes freedom from such pressure, and,
-particularly, freedom from external compulsion. Hence the inference
-that it also presupposes freedom from causation, and that complete
-determination involves complete irresponsibility. Compulsion is
-confounded with causation; and this confusion is due to the fact that
-the cause which determines the will is actually looked upon in the
-light of a constraining power outside the will.
-
-The popular mind has a strong belief in the law of cause and effect.
-When reflecting on the matter, it admits that everything which happens
-in this world has a cause; and if the natural cause is hidden, it
-readily calls in a supernatural cause to account for the event. Now,
-in the case of human volitions the chain of causation is often
-particularly obscure; as Spinoza said, whilst men are conscious of
-their volitions and desires, they "never even {323} dream, in their
-ignorance, of the causes which have disposed them so to wish and
-desire."[27] Hence, when in a philosophic mood, they are liable to
-attribute their acts to the influence of an external power ruling over
-human affairs, a god or an all-powerful fate. No doubt, Providence and
-Fate[28] may effect their purposes without the will of man as their
-tool; what happens "by chance," being frequently no less wonderful
-than any decree of a human will, may likewise be traced to a
-supernatural cause. But, on the other hand, the fact that the deeds of
-men are generally preceded by volitions, is so obvious that it could
-not escape even the simplest mind--indeed, so strongly are primitive
-men impressed by this fact that they are apt to attribute every event
-to a will. Acknowledging, then, the connection between volition and
-deed, the fatalist regards the former only as an instrument in the
-hands of a force outside the agent, which compels his will to execute
-its plans. Sometimes it reaches its goal in a way quite unforeseen by
-the agent himself. Muhammed said, "When God hath ordered a creature to
-die in any particular place, He causeth his wants to direct him to
-that place";[29] and it is a popular saying throughout Islam that
-"whenas Destiny descends she blindeth human sight."[30] Sometimes the
-external power causes its victim to will its decree, by exciting in
-him some irresistible passion, as when Zeus urged Clytemnestra to the
-slaughter of Agamemnon; or the volitions of a person are themselves
-regarded as decreed by that power. In Wärend, in Sweden, when somebody
-has killed another, as also when the manslayer himself suffers the
-penalty of death, the women say, full of compassion, "Well, this was
-his destiny, to be sure," or "Poor fellow, it was a pitiful fate."[31]
-In one of the Pahlavi texts the following words are put into the mouth
-of the Spirit of {324} Wisdom:--"Even with the might and powerfulness
-of wisdom and knowledge, even then it is not possible to contend with
-destiny. Because, when predestination as to virtue, or as to the
-reverse, comes forth, the wise becomes wanting in duty, and the astute
-in evil becomes intelligent; the faint-hearted becomes braver, and the
-braver becomes faint-hearted; the diligent becomes lazy, and the lazy
-acts diligently. Just as is predestined as to the matter, the cause
-enters into it, and thrusts out everything else."[32]
-
-[Footnote 27: _Ibid._ pt. i. Appendix.]
-
-[Footnote 28: In a Pahlavi text fate is defined as "that which is
-ordained from the beginning," and divine providence as that which the
-sacred beings "also grant otherwise" (_Dînâ-î Maînôg-î Khirad_,
-xxiv. 6 _sq._).]
-
-[Footnote 29: Lane, _Arabian Society in the Middle Ages_, p. 6.]
-
-[Footnote 30: Burton, in his translation of the _Arabian Nights_, i.
-62, n. 2.]
-
-[Footnote 31: Hyltén-Cavallius, _Wärend och Wirdarne_, i. 206.]
-
-[Footnote 32: _Dînâ-î Maînôg-î Khirad_, xxiii. 3 _sqq._]
-
-Nor is it only the popular mind that, when human volitions are
-concerned, interprets causation as compulsion. Even such philosophers
-as Hamilton[33] and Mansel[34] seemed quite unable to distinguish
-between determinism and fatalism. Professor Laurie likewise
-observes:--"Determinism is the term adopted of late years to veil
-fatalism and confound issues . . . . Freedom or fate, these are the
-sole alternatives."[35] Surely, it is those who identify determinism
-with fatalism that "confound issues." And a similar confusion lurks
-behind the main argument which has been adduced in support of
-free-will. It is said that "I ought" implies "I can," and that men are
-not accountable for what they cannot avoid. This is perfectly true if
-by "cannot" is meant compulsion, and by "can" freedom from compulsion.
-But it is certainly not true if "I can" is intended to mean that "I"
-am a first cause, not determined by anything else.
-
-[Footnote 33: Hamilton, _Lectures on Metaphysics_, ii. 410 _sqq._]
-
-[Footnote 34: Mansel, _Prolegomena Logica_, p. 329 _sqq._]
-
-[Footnote 35: Laurie, _Ethica_, pp. 307, 319.]
-
-When a person's will is believed to be constrained by a power outside
-him, he can obviously not be held responsible for what he does under
-the influence of such constraint. We are responsible only for that
-which is due to our will. A licentious man who has grown up in a
-corrupt society is less blamable than an equally licentious man who
-has always lived under conditions favourable to virtue; and if we hear
-of a criminal that he was kidnapped as a child by a band of
-pickpockets and trained to their profession, we {325} no doubt look
-upon him with some indulgence. In these cases, however, it may be said
-that, though the person's conduct is largely due to the influence of
-external circumstances upon his will, this influence was not
-irresistible, that he might have saved himself with an effort of will,
-and that consequently he is not wholly irresponsible. But in the case
-of a restraining destiny no escape is possible; the compulsion is
-complete. Hence the logical outcome of radical fatalism is a denial of
-all moral imputability, and a repudiation of all moral judgment.[36]
-
-[Footnote 36: Of the inhabitants of North-Eastern Africa, Munzinger
-observes (_Ostafrikanische Studien_, p. 66):--"Seien sie Christen,
-Heiden, odor Mohammedaner, schreiben sie Leben und Tod, Glück und
-Unglück, Tugend und Verbrechen der unmittelbaren Hand Gottes zu. Mit
-dieser blinder Nothwendigkeit entschuldigt sich der Missethäter,
-tröstet sich der Unglückliche." _Cf._ also Doughty, _Arabia Deserta_,
-i. 155, on the Bedouins. However, men are not philosophers in the
-ordinary practice of life, hence the fatalist is generally as ready as
-anybody else to judge on his neighbour's conduct. According to various
-ancient writers, the power of destiny is limited so as not to exclude
-personal responsibility (see Schmidt, _Ethik der alten Griechen_, i.
-59 _sq._).]
-
-Not so with determinism. Whilst fatalism presupposes the existence of
-a person who is constrained by an outward power, determinism regards
-the person himself as in every respect a product of causes. It does
-not assume any part of his will to have existed previous to his
-formation by these causes; his will is not constrained by them, it is
-made by them. When we say of a person that he is influenced by
-external circumstances or subdued by fate, we regard _him_ as existing
-independently of that which influences or subdues him, we attribute to
-him an innate character which is acted upon from the outside. He would
-have been different if he had grown up under different conditions of
-life, or if fate had left him alone. But it would be absolutely
-meaningless to say that he would be different if the causes to which
-he owes his existence had been different; for instance, if he were the
-offspring of different parents. This shows that we distinguish between
-the original self of a person and the self which is partly innate and
-partly the product of external circumstances. His innate character
-belongs to his original {326} self; and, strictly speaking, it is on
-the innate character only that the scrutinising moral judge, so far as
-possible, passes his judgment, carefully considering the degree of
-pressure to which it has been exposed both from the non-voluntary part
-of the individual himself and from the outside world.[37] According to
-the fatalist, the innate character is _compelled_; hence personal
-responsibility is out of the question. According to the determinist
-the innate character is _caused_; but this has nothing whatever to do
-with the question of responsibility. The moral emotions are no more
-concerned with the origin of the innate character than the aesthetic
-emotions are concerned with the origin of the beautiful object. In
-their capacity of retributive emotions, the moral emotions are
-essentially directed towards sensitive and volitional entities
-conceived, not as uncaused themselves, but only as causes of pleasure
-or pain.
-
-[Footnote 37: That the proper subject of moral judgment is the innate
-character was emphasised by Schopenhauer in his prize-essays on _Die
-Freiheit des Willens_ (_Sämmtliche Werke_, vii. 83 _sqq._) and _Die
-Grundlage der Moral_ (_ibid._ vii. 273 _sqq._). The innate character,
-he says, that real core of the whole man, contains the germ of all his
-virtues and vices. And though Schopenhauer be mistaken in his
-statement that a person's character always remains the same, it seems
-to me indisputable that the succeeding changes to which it may be
-subject are imputable to _him_ only in so far as they are caused by
-his innate character.]
-
-
-
-
-CHAPTER XIV
-
-PRELIMINARY REMARKS--HOMICIDE IN GENERAL
-
-
-WE have discussed the general nature of those phenomena which have a
-tendency to evoke moral blame or moral praise. We have seen that moral
-judgments are passed on conduct and character, and we have seen why
-this is the case. It now remains for us to examine the particular
-modes of conduct which are subject to moral valuation, and to consider
-how these modes of conduct are judged of by different peoples and in
-different ages.
-
-If carried out in every detail such an investigation could never come
-to an end. Among other things, it would have to take into account all
-customs existing among the various races of men, since every custom
-constitutes a moral rule. And the impossibility of any such
-undertaking becomes apparent when we consider the extent to which the
-conduct of man, and especially of savage man, is hampered by custom.
-Among the Wanika, for instance, "if a man dares to improve the style
-of his hut, to make a larger doorway than is customary; if he should
-wear a finer or different style of dress to that of his fellows, he is
-instantly fined."[1] If, during the performance of a ceremony, the
-ancestors of an Australian native were in the habit of painting a
-white line across the forehead, their descendant must do the same.[2]
-Dr. Nansen's statement with reference to the Greenlanders, {328} that
-their communities had originally customs and fixed rules for every
-possible circumstance,[3] is essentially true of many, if not all, of
-the lower races.
-
-[Footnote 1: New, _Life, Wanderings, and Labours in Eastern Africa_,
-p. 110.]
-
-[Footnote 2: Spencer and Gillen, _Native Tribes of Central Australia_,
-p. 11.]
-
-[Footnote 3: Nansen, _Eskimo Life_, p. 104.]
-
-It is necessary, then, that we should restrict ourselves to the more
-important modes of conduct with which the moral consciousness of
-mankind is concerned. These modes of conduct may be conveniently
-divided into six groups. The first group includes such acts,
-forbearances, and omissions as directly concern the interests of other
-men, their life or bodily integrity, their freedom, honour, property,
-and so forth. The second includes such acts, forbearances, and
-omissions as chiefly concern a man's own welfare, such as suicide,
-temperance, asceticism. The third group, which partly coincides with,
-but partly differs from, both the first and the second, refers to the
-sexual relations of men. The fourth includes their conduct towards the
-lower animals; the fifth, their conduct towards dead persons; the
-sixth, their conduct towards beings, real or imaginary, that they
-regard as supernatural. We shall examine each of these groups
-separately, in the above order. And, not being content with a mere
-description of facts, we shall try to discover the principle which
-lies at the bottom of the moral judgment in each particular case.
-
-       *       *       *       *       *
-
-It is commonly maintained that the most sacred duty which we owe our
-fellow-creatures is to respect their lives. I venture to believe that
-this holds good not only among civilised nations, but among the lower
-races as well; and that, if a savage recognises that he has any moral
-obligations at all to his neighbours, he considers the taking of their
-lives to be a greater wrong than any other kind of injury inflicted
-upon them.
-
-Among various uncivilised peoples, however, human life is said to be
-held very cheap.
-
-The Australian Dieyerie, we are told, would for a mere trifle kill
-their dearest friend.[4] In Fiji there is an "utter disregard of {329}
-the value of human life."[5] A Masai will murder his friend or
-neighbour in a fight over a herd of captured cattle, and "live not a
-whit the less merrily afterwards."[6] Among the Bachapins, a Bechuana
-tribe, murder "excites little sensation, excepting in the family of
-the person who has been murdered; and brings, it is said, no disgrace
-upon him who has committed it; nor uneasiness, excepting the fear of
-their revenge."[7] The Oráons of Bengal "are ready to take life on
-very slight provocation," and Colonel Dalton doubts whether they see
-any moral guilt in it.[8] Some of the Himalayan mountaineers are
-reported to put men to death merely for the satisfaction of seeing the
-blood flow and of marking the last struggles of the victim.[9] Among
-the Pathans, on the north-western frontier of the Punjab, "there is
-hardly a man whose hands are unstained," and each person "counts up
-his murders."[10]
-
-[Footnote 4: Gason, 'Manners and Customs of the Dieyerie Tribe,' in
-Woods, _Native Tribes of South Australia_, p. 258.]
-
-[Footnote 5: Williams and Calvert, _Fiji and the Fijians_, p. 115.]
-
-[Footnote 6: Johnston, _Kilima-njaro Expedition_, p. 419.]
-
-[Footnote 7: Burchell, _Travels in the Interior of Southern Africa_,
-ii. 554.]
-
-[Footnote 8: Dalton, _Descriptive Ethnology of Bengal_, p. 256.]
-
-[Footnote 9: Fraser, _Journal of a Tour through the Him[=a]l[=a]
-Mountains_, p. 267.]
-
-[Footnote 10: Temple, quoted by Spencer, _Principles of Ethics_, i.
-343. For other instances of the indifference of savages to human life,
-see Egede, _Description of Greenland_, p. 123; Cranz, _History of
-Greenland_, i. 177; Holm, 'Ethnologisk Skizze af Angmagsalikerne,' in
-_Meddeleser om Grönland_, x. 87, 179 _sq._; Coxe, _Russian Discoveries
-between Asia and America_, p. 257 (Aleuts of Unalaska);
-Krasheninnikoff, _History of Kamtschatka_, p. 204; Steller,
-_Beschreibung von dem Lande Kamtschatka_, p. 294; Boyle, _Adventures
-among the Dyaks of Borneo_, p. 116 (Malays); Powell, _Wanderings in a
-Wild Country_, p. 262 (aborigines of New Britain); Scaramucci and
-Giglioli, 'Notizie sui Danakil,' in _Archivio per antropologia e la
-etnologia_, xiv. 26; Wilson and Felkin, _Uganda_, ii. 310 (Gowane);
-Schweinfurth, _Heart of Africa_, i. 286 (Bongo); Arnot, _Garenganze_,
-p. 71 (Barotse); Tuckey, _Expedition to Explore the River Zaire_, p.
-383 (Congo natives); Waul, _Five Years with the Congo Cannibals_, p.
-105 (Bolobo).]
-
-On the other hand, there are uncivilised peoples among whom homicide
-or murder is said to be hardly known.
-
-Among the Omahas, "before liquor was introduced there were no
-murders, even when men quarrelled."[11] Captain Lyon could learn of no
-instances of manslaughter having ever occurred among the Eskimo of
-Igloolik.[12] In Tutuila, of the Samoa group, according to Brenchley,
-there had been but one case of assassination in the course of twenty
-years.[13] The Veddahs of Ceylon know of manslaughter only as a
-punishment.[14] {330} The Bedouin of the Euphrates, says Mr. Blunt, "is
-essentially humane, and never takes life needlessly. If he has killed
-a man in war he rather conceals the fact than proclaims it aloud,
-while murder or even homicide is almost unknown among the tribes."[15]
-Among the Bakwiri, in Cameroon, Zoller never heard of any person
-having killed a member of his own community.[16] Murders, says
-Caillié, "are rare among the Bambaras, and never committed by the
-Mandingoes."[17] Among the Wanika "wilful cold-blooded murders are
-almost unknown."[18] Among the Basutos perfect safety is enjoyed "on
-roads where the traveller might have been robbed a hundred times over
-without the least hope of aid, and in houses where the doors and
-windows have neither bolts nor bars," and cases of murder are very
-rare.[19]
-
-[Footnote 11: Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur. Ethn._
-iii. 369.]
-
-[Footnote 12: Lyon, _Private Journal_, p. 350.]
-
-[Footnote 13: Brenchley, _Jottings during the Cruise of H.M.S.
-"Curaçoa" among the South Sea Islands_, p. 58.]
-
-[Footnote 14: Sarasin, _Ergebnisse naturwissenschaftlicher Forschungen
-auf Ceylon_, iii. 539. _Cf._ Tennent, _Ceylon_, ii. 444. Hartshorne,
-in _Indian Antiquary_, viii. p. 320.]
-
-[Footnote 15: Blunt, _Bedouin Tribes of the Euphrates_, ii. 203. _Cf._
-_ibid._ ii. 207.]
-
-[Footnote 16: Zöller, _Kamerun_, i. 188.]
-
-[Footnote 17: Caillié, _Travels through Central Africa_, i. 353.]
-
-[Footnote 18: New, _op. cit._ p. 98.]
-
-[Footnote 19: Casalis, _Basutos_, p. 301. For other instances, see
-Hall, _Arctic Researches_, p. 571 (Eskimo); Dobrizhoffer, _Account of
-the Abipones_, ii. 148; Turner, _Samoa_, p. 178; Ellis, _Tour through
-Hawaii_, p. 429; Brooke, _Ten Years in Saráwak_, i. 61 (Sea Dyaks);
-Low, _Sarawak_, p. 133; Marsden, _History of Sumatra_, p. 471 (Poggi
-Islanders); Steller, _De Sangi-Archipel_, p. 26; Riedel, _De sluik- en
-kroesharige rassen tusschen Selebes en Papua_, p. 41 (Ambon and Uliase
-Islanders); von Siebold, _Aino auf der Insel Yesso_, pp. 11, 35;
-Munzinger, _Ostafrikanische Studien_, p. 532 (Barea and Kunáma);
-Holub, _Seven Years in South Africa_, ii. 319 (Marutse); Maclean,
-_Compendium of Kafir Laws and Customs_, pp. 61, 143 _sq._; Shooter,
-_Kafirs of Natal_, p. 137.]
-
-In other instances homicide is expressly said to be regarded as wrong.
-
-The Greenlanders described by Dr. Nansen hold it atrocious to kill
-a fellow-creature, except in some particular cases.[20] The Dacotahs
-say that it is a great crime to take their fellow's life, unless in
-revenge, "because all have a right to live."[21] In Tierra del Fuego
-homicide rarely occurs, as Mr. Bridges remarks, because of an
-inveterate custom according to which human life is held sacred: "le
-meurtrier est mis au ban de ses compatriotes; isolé de tous, il est
-fatalement condamné à périr de faim ou à tomber un jour sous les coups
-d'un groupe de justiciers improvisés."[22] The Andaman Islanders
-condemn murder as _y[=u]bda_, or sin.[23] The natives of Botany Bay,
-New {331} South Wales, though a trivial offence in their ideas
-justifies the murder of a man, "highly reprobate the crime when
-committed without what they esteem a just cause."[24] According to Mr.
-Curr's experience, the Australian Black undoubtedly feels that murder
-is wrong, and its committal brings remorse; even after the
-perpetration of infanticide or massacres, though both are practised
-without disguise, those engaged in them are subject to remorse and low
-spirits for some time.[25]
-
-[Footnote 20: Nansen, _Eskimo Life_, p. 162.]
-
-[Footnote 21: Prescott, in Schoolcraft, _Indian Tribes of the United
-States_, ii. 195.]
-
-[Footnote 22: Hyades and Deniker, _Mission scientifique du Cap Horn_,
-vii. 374, 243.]
-
-[Footnote 23: Man, in _Jour. Anthr. Inst._ xii. 112.]
-
-[Footnote 24: Barrington, _History of New South Wales_, p. 19. _Cf._
-Lumholtz, _Among Cannibals_, p. 126 (natives of Northern
-Queensland).]
-
-[Footnote 25: Curr, _The Australian Race_, i. 100, 43 _sq._ For other
-instances, see Keating, _Expedition to the Source of St. Peter's
-River_, i. 127 (Potawatomis); Harmon, _Journal of Voyages in the
-Interior of North America_, p. 348 (Indians on the east side of the
-Rocky Mountains); Hall, _Arctic Researches_, p. 572 (Eskimo); Mariner,
-_Natives of the Tonga Islands_, ii. 162; Macdonald, _Oceania_, p. 208
-(Efatese); Yate, _Account of New Zealand_, p. 145; Arbousset and
-Daumas, _Exploratory Tour to the North-East of the Colony of the Cape
-of Good Hope_, p. 322 (Bechuanas); Fritsch, _Die Eingeborenen
-Süd-Afrikra's_, p. 322 (Hottentots).]
-
-It is of particular importance in this connection to note that, in
-early civilisation, blood-revenge is regarded not as a private matter
-only, but as a duty, and that, where this custom does not prevail, the
-community punishes the murderer, frequently with death. We may without
-hesitation accept Professor Tylor's statement that "no known tribe,
-however low and ferocious, has ever admitted that men may kill one
-another indiscriminately."[26] In every society--even where human life
-is, generally speaking, held in low estimation--custom prohibits
-homicide within a certain circle of men. But the radius of the circle
-varies greatly.
-
-[Footnote 26: Tylor, 'Primitive Society,' in _Contemporary Review_,
-xxi. 714.]
-
-Savages carefully distinguish between an act of homicide committed
-within their own community and one where the victim is a stranger.
-Whilst the former is under ordinary circumstances disapproved of, the
-latter is in most cases allowed, and often regarded as praiseworthy.
-It is a very common notion in savage ethics that the chief virtue of a
-man is to be successful in war and to slay many enemies.
-
-Among the Káfirs of the Hindu-Kush "killing strangers might or
-might not be considered inexpedient, but it would {332} hardly be
-considered a crime"; killing fellow-tribesmen, on the other hand, is
-looked upon in a very different light.[27] The Koriaks do not regard
-murder as a great crime, unless it occur within their own tribe.[28]
-The early Aleuts considered the killing of a companion a crime worthy
-of death, "but to kill an enemy was quite another thing."[29] To an
-Aht Indian the murder of a man is no more than the killing of a dog,
-provided that the victim is not a member of his own tribe.[30]
-According to Humboldt, the natives of Guiana "detest all who are not
-of their family, or their tribe; and hunt the Indians of a
-neighbouring tribe, who live at war with their own, as we hunt
-game."[31] In the opinion of the Fuegians, "a stranger and an enemy
-are almost synonymous terms," hence they dare not go where they have
-no friends, and where they are unknown, as they would most likely be
-destroyed.[32] The Australian Black nurtures an intense hatred of every
-male at least of his own race who is a stranger to him, and would
-never neglect to assassinate such a person at the earliest moment that
-he could do so without risk to himself.[33] In Melanesia, also, a
-stranger as such was generally throughout the islands an enemy to be
-killed.[34]
-
-[Footnote 27: Scott Robertson, _Káfirs of the Hindu-Kush_, p. 194.]
-
-[Footnote 28: Krasheninnikoff, _op. cit._ p. 232.]
-
-[Footnote 29: Veniaminof, quoted by Petroff, 'Report on Alaska,' in
-_Tenth Census of the Untied States_, p. 155.]
-
-[Footnote 30: Sproat, _Scenes and Studies of Savage Life_, p. 152.]
-
-[Footnote 31: von Humboldt, _Personal Narrative of Travels_, v. 422.]
-
-[Footnote 32: Stirling, in _South Ammerican Missionary Magazine_, iv.
-11. Bridges, in _A Voice for South America_, xiii. 210.]
-
-[Footnote 33: Curr, _The Australian Race_, i. 64, 85 _sq._ Mathew, in
-_Jour. & Proceed. Roy. Soc. N. S. Wales_, xviii. 398.]
-
-[Footnote 34: Codrington, _Melanesians_, p. 345.]
-
-In Savage Island the slaying of a member of another tribe--that is,
-a potential enemy--"was a virtue rather than a crime."[35] To a young
-Samoan it was the realisation of his highest ambition to be publicly
-thanked by the chiefs for killing a foe in mortal combat.[36]
-"According to Fijian beliefs, men who have not slain any enemy are, in
-the other world, compelled to beat dirt with their clubs--the most
-degrading punishment the native mind can conceive--because they used
-their club to so little purpose;[37] and in Futuna it was deemed no
-less necessary to have poured out blood on the field of battle in
-order to hold a part in the happy future life.[38] In the Western
-islands of Torres Straits "it was a meritorious deed to kill
-foreigners either in fair fight {333} or by treachery, and honour and
-glory were attached to the bringing home of the skulls of the
-inhabitants of other islands slain in battle."[39] In the Solomon
-Islands,[40] New Guinea,[41] and various parts of the Malay
-Archipelago, he who has collected the greatest number of human heads
-is honoured by his tribe as the bravest man; and some peoples do not
-allow a man to marry until he has cut off at least one human head.[42]
-Among many of the North American Indians, again, he who can boast of
-the greatest number of scalps is the person most highly esteemed.[43]
-Among the Seri Indians the highest virtue "is the shedding of alien
-blood; and their normal impulse on meeting an alien is to kill, unless
-deterred by fear."[44] Among the Chukchi "it is held criminal to
-thieve or murder in the family or race to which a person belongs; but
-these crimes committed elsewhere are not only permitted, but held
-honourable and glorious."[45] So, too, the Gallas consider it
-honourable to kill an alien, though criminal to kill a countryman.[46]
-
-[Footnote 35: Thomson, _Savage Island_, p. 104. See also _ibid._ p. 94.]
-
-[Footnote 36: Pritchard, _Polynesian Reminiscences_, p. 57.]
-
-[Footnote 37: Seemann, _Viti_, p. 401. _Cf._ Williams and Calvert,
-_op. cit._ p. 97 _sq._; Erskine, _Islands of the Western Pacific_,
-p. 248.]
-
-[Footnote 38: Smith, in _Jour. Polynesian Society_, i. 39.]
-
-[Footnote 39: Haddon, in _Reports of the Cambridge Anthropological
-Expedition to Torres Straits_, v. 277.]
-
-[Footnote 40: Romilly, _Western Pacific_, p. 73. Penny, _Ten Years in
-Melanesia_, p. 46. Codrington, _op. cit._ p. 345.]
-
-[Footnote 41: Romilly, _Western Pacific_, p. 76.]
-
-[Footnote 42: Bock, _Head-Hunters of Borneo_, pp. 216, 221, &c.
-(Dyaks). Bickmore, _Travels in the East Indian Archipelago_, p. 205
-(Alfura of Ceram). Dalton, _op. cit._ p. 40 (Nagas of Upper Assam).]
-
-[Footnote 43: The well-known practice of scalping, though very common,
-was not universal among the North American Indians (see Gibbs, 'Tribes
-of Western Washington and Northwestern Oregon,' in _Contributions to
-N. American Ethnology_, i. 192; Powers, _Tribes of California_, p. 321).]
-
-[Footnote 44: McGee, 'Seri Indians,' in _Ann. Rep. Bur. Ethnol._
-xvii. 132.]
-
-[Footnote 45: Georgi, _Russia_, iii. 183.]
-
-[Footnote 46: Macdonald, _Africana_, i. 229. For other instances, see
-Harmon, _op. cit._ p. 301 (Tacullies); Burton, _City of the Saints_,
-p. 139 (Dacotahs); Macpherson, _Memorials of Service in India_, p.
-94 (Kandhs); MacMahon, _Far Cathay_, p. 262 (Indo-Burmese border
-tribes); Macdonald, _Africana_, i. 194 _sq._ (Eastern Central
-Africans); Johnston, _Kilima-njaro Expedition_, p. 419 (Masai).]
-
-At the same time there are, among the lower races, various instances
-in which the rule, "Thou shalt not kill," applies even to foreigners.
-Hospitality, as will be seen in a subsequent chapter, is a stringent
-duty in the savage world. Custom requires that the host should
-entertain and protect a stranger who comes as his guest, and by
-killing him the host would perpetrate an outrage hardly possible.
-Moreover, even in the case of intertribal relations, we must not
-conclude that what is allowed in war is also allowed in times of
-peace. The prohibition of homicide may extend beyond the tribal
-border, to {334} members of different tribes who for some reason or
-other are on friendly terms with each other.[47] We must not suppose
-that a tribe of savages generally either lives in a state of complete
-isolation, or is always at odds with its neighbours. In Australia, for
-instance, one tribe of natives, as a rule, entertains amicable
-relations with one, two, or more other tribes.[48] Among the Central
-Australian natives, say Messrs. Spencer and Gillen, "there is no such
-thing as one tribe being in a constant state of enmity with another";
-on the contrary, where two tribes come into contact with one another
-on the border land of their respective territories, friendly feelings
-are maintained between the members of the two.[49] Some uncivilised
-peoples are even said to have no wars. The Veddahs of Ceylon never
-make war upon each other.[50] According to the reports of the oldest
-inhabitants of Umnak and Unalaska, the people there had never been
-engaged in war either among themselves or with their neighbours,
-except once with the natives of Alaska.[51] To the Greenlanders
-described by Dr. Nansen war is "incomprehensible and repulsive, a
-thing for which their language has no word."[52]
-
-[Footnote 47: See, _e.g._, Scott Robertson, _op. cit._ p. 194 (Káfirs
-of the Hindu-Kush).]
-
-[Footnote 48: Curr, _The Australian Race_, i. 62 _sq._]
-
-[Footnote 49: Spencer and Gillen, _Native Tribes of Central
-Australia_, p. 32.]
-
-[Footnote 50: Sarasin, _op. cit._ iii. 488.]
-
-[Footnote 51: Coxe, _op. cit._ p. 244.]
-
-[Footnote 52: Nansen, _Eskimo Life_, p. 162.]
-
-That savages to some extent recognise the existence of intertribal
-rights in times of peace is obvious from certain customs connected
-with their wars. Some South Sea Islanders and North American Indians
-consider it necessary for a party which is about to attack another to
-give notice beforehand of their intention, in order that their
-opponents may be prepared to meet them.[53] The cessation of
-hostilities is often accompanied by the conclusion of a special treaty
-and by ceremonies calculated to make it binding.[54] The Tahitians,
-for instance, wove a wreath of {335} green boughs furnished by each
-side, exchanged two young dogs, and, having also made a band of cloth
-together, offered the wreath and the band to the gods with
-imprecations on the side which should first violate so solemn a treaty
-of peace.[55] Nor does savage custom always allow indiscriminate
-slaughter even in warfare. The inviolability of heralds is not
-infrequently recognised.[56] Among the aborigines of New South Wales
-the tribal messenger known to be a herald by the red net which he
-wears round his forehead, passes in safety between and through hostile
-tribes;[57] and among the North American Omahas "the bearer of a peace
-pipe was generally respected by the enemy, just as the bearer of a
-flag of truce is regarded by the laws of war among the so-called
-civilised nations."[58] And many uncivilised races have made it a rule
-in war to spare the weak and helpless.
-
-[Footnote 53: Hale, _U.S. Exploring Expedition. Vol. VI. Ethnography
-and Philology_, p. 72 (Micronesians). Gibbs, _loc. cit._ p. 190
-(Indians of Western Washington and North-Western Oregon).]
-
-[Footnote 54: See Farrer, _Military Manners and Customs_, p. 162 _sq._]
-
-[Footnote 55: Ellis, _Polynesian Researches_, i. 318.]
-
-[Footnote 56: See Farrer, _Militarv Manners and Customs_, p. 161.]
-
-[Footnote 57: Fraser, _Aborigines of New South Wales_, p. 41.]
-
-[Footnote 58: Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur. Ethn._
-iii. 368.]
-
-The Samoans considered it cowardly to kill a woman;[59] and even in
-Fiji the "enlightened party" objected to the killing of women, urging
-that it is "just as cowardly to kill a woman as a baby."[60] The
-Abipones, in their wars, "generally spared the unwarlike, and carried
-away innocent boys and girls unhurt."[61] An old Spanish writer tells
-us of the Guanches of Gran Canaria that, "in their wars, they held it
-as base and mean to molest or injure the women and children of the enemy,
-considering them as weak and helpless, therefore improper objects of
-their resentment";[62] and similar views prevail among the Berbers
-(Shlu[h.]) of Southern Morocco, as also among the Algerian Kabyles[63]
-and the Touareg.[64] Though the Masai and Wa-kikuyu "are eternally at
-war to the knife with each other, there is a compact between them not
-to molest the womenfolk of either party."[65] "The Masai," says Mr.
-Hinde, "never interfere with women in their raids, and the women cheer
-{336} loudly and encourage their relatives during the fight."[66]
-Among the Latukas, though women are employed as spies and thus become
-exceedingly dangerous in war, there is nevertheless a general
-understanding that no woman shall be killed.[67] The Basutos maintain
-that respect should be paid during war to women, children, and
-travellers, as also that those who surrender should be spared and open
-to ransom; and, though these rules are not invariably respected, the
-public voice always disapproves of their violation.[68]
-
-[Footnote 59: Turner, _Nineteen Years in Polynesia_, p. 304.]
-
-[Footnote 60: Seemann, _Viti_, p. 180.]
-
-[Footnote 61: Dobrizhoffer, _op. cit._ ii. 141.]
-
-[Footnote 62: Abreu de Galindo, _History of the Discovery and Conquest
-of the Canary Islands_, p. 66.]
-
-[Footnote 63: Hanoteau and Letourneux, _La Kabylie_, ii. 76.]
-
-[Footnote 64: Hourst, _Sur le Niger et au pays des Touaregs_,
-p. 223 _sq._]
-
-[Footnote 65: Thomson, _Through Masai Land_, p. 177.]
-
-[Footnote 66: Hinde, _The Last of the Masai_, p. 6, n.*]
-
-[Footnote 67: Baker, _Albert N'yanza_, i. 355.]
-
-[Footnote 68: Casalis, _op. cit._ p. 223 _sq._ For regard paid to
-women, old people, and children in war, see also Richardson, _Arctic
-Searching Expedition_, i. 367 (Western Eskimo); Catlin, _North
-American Indians_, ii. 240; Azara, _Voyages_, ii. 145 (Payaguas).]
-
-Sometimes custom even requires that the life of the captive shall be
-spared.
-
-It is against Masai tradition to kill prisoners of war.[69] Among
-the Kabyles "il faut que l'exaspération des partis soit extrême pour
-qu'un blessé ou un prisonnier soit mis à mort."[70] The Touareg do not
-kill their prisoners after a fight.[71] Among the Bedouins of the
-Euphrates "the person of the enemy is sacred when disarmed or
-dismounted; and prisoners are neither enslaved nor held to other
-ransom than their mares."[72] "Captives," says Mr. Dorsey, "were not
-slain by the Omahas and Ponkas. When peace was declared the captives
-were sent home, if they wished to go. If not they could remain where
-they were, and were treated as if they were members of the tribe."[73]
-Among the Wyandots prisoners of war were frequently adopted into the
-tribe. "The warrior taking the prisoner has the first right to adopt
-him. If no one claims the prisoner for this purpose, he is caused to
-run the gauntlet as a test of his courage. If at his trial he behaves
-manfully claimants are not wanting, but if he behaves disgracefully he
-is put to death."[74]
-
-[Footnote 69: Hinde, _op. cit._ p. 64.]
-
-[Footnote 70: Hanoteau and Letourneux, _op. cit._ 75.]
-
-[Footnote 71: Hourst, _op. cit._ p. 207.]
-
-[Footnote 72: Blunt, _op. cit._ ii. 239.]
-
-[Footnote 73: Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur. Ethn._
-iii. 332.]
-
-[Footnote 74: Powell, _ibid._ i. 68.]
-
-Thus we notice even among uncivilised races very obvious traces of
-what is called "international law,"[75] if not as a rule, at least as
-an exception. On the other hand, the {337} readiness with which war is
-engaged in, not only in self-defence or out of revenge, but for the
-sake of gain, indicates how little regard is paid to human life
-outside the tribe. The Kandhs, for instance, maintain "that a state of
-war may be lawfully presumed against all tribes and nations with whom
-no express agreement to the contrary exists."[76] And if a few savage
-peoples live in perpetual peace, it seems that the chief reason for
-this is not a higher standard of morality, but the absence of all
-inducements to war.
-
-[Footnote 75: See also Wheeler, _The Tribe, and Intertribal Relations
-in Australia_, _passim_.]
-
-[Footnote 76: Hunter, _Annals of Rural Bengal_, iii. 75.]
-
-When we from the lower races pass to peoples more advanced in culture,
-we find that the social unit has grown larger, that the nation has
-taken the place of the tribe, and that the circle within which
-homicide is prohibited as a crime of the first order has been extended
-accordingly. But the old distinction between injuries committed
-against compatriots and harm done to foreigners remains. Even when the
-subject is not touched upon in the laws referring to homicide we may,
-from the general attitude of the people towards members of other
-nations, infer that public opinion is not very scrupulous as to the
-taking of their lives. How the Chinese looked upon the "red-haired
-barbarians," the "foreign devils," is well known from recent history.
-In former days, Japan's attitude towards her neighbours and the whole
-world was that of an enemy and not of a friend.[77] The Vedic hymns
-are full of imprecations of misfortune upon men of another race.[78]
-That among the ancient Teutons the lot of a stranger was not an
-enviable one is testified even by language; the German word _elender_
-has acquired its present meaning from the connotation of the older
-word which meant an "outlandish" man.[79] The stranger as such--unless
-he belonged to a friendly, neighbouring tribe--had originally no legal
-rights at all; for his protection he was dependent on individual {338}
-hospitality, and hospitality was restricted by custom to three days
-only.[80] According to the Swedish Westgöta-Lag, he who killed a
-foreigner had to pay no compensation to the dead man's relatives, nor
-was he outlawed, nor exiled.[81] The Laws of King Ine let us
-understand in what light a stranger was looked upon:--"If a far-coming
-man, or a stranger, journey through a wood out of the highway, and
-neither shout nor blow his horn, he is to be held for a thief, either
-to be slain or redeemed."[82] However, as commerce increased and the
-stranger was more often seen in Teutonic lands, royal protection was
-extended to him; and a consequence of this was that thenceforth he who
-killed the stranger had to pay a _wergeld_, part, or the whole, of
-which went to the king.[83] In Greece, in early times, the
-"contemptible stranger"[84] had no legal rights, and was protected
-only in case he was the guest of a citizen;[85] and even later on, at
-Athens, whilst the intentional killing of a citizen was punished with
-death and confiscation of the murderer's property, the intentional
-killing of a non-citizen was punished only with exile.[86] The Latin
-word _hostis_ was originally used to denote a foreigner;[87] and the
-saying of Plautus, that a man is a wolf to a man whom he does not
-know,[88] was probably an echo of an old Roman proverb. Mommsen
-suggests that in ancient days the Romans did not punish the killing of
-a foreigner, unless he belonged to an allied nation; but already in
-the prehistoric period a change was introduced, the foreigner being
-placed under the protection of the State.[89]
-
-[Footnote 77: Griffis, _Religions of Japan_, p. 129.]
-
-[Footnote 78: Roth, 'On the Morality of the Veda,' in _Jour. American
-Oriental Society_, iii. 338.]
-
-[Footnote 79: _Cf._ Grimm, _Deutsche Rechtsalterthümer_, p. 396;
-Gummere, _Germanic Origins_, p. 288.]
-
-[Footnote 80: Grimm, _op. cit._ p. 397 _sqq._ Brunner, _Deutsche
-Rechtgeschichte_, i. 273.]
-
-[Footnote 81: _Westgöta-Lagen I._ Af mandrapi, v. 4 p. 13.]
-
-[Footnote 82: _Laws of Ine_, 20. _Cf._ _Laws of Wihtræd_, 28.]
-
-[Footnote 83: Brunner, _op. cit._ i. 273 _sq._ Gummere, _op. cit._ p.
-288. Pollock and Maitland, _History of English Law before the Time of
-Edward I._ i. 52.]
-
-[Footnote 84: _Iliad_, ix. 648.]
-
-[Footnote 85: Hermann-Blümner, _Lehrsbüch der griechischen
-Privatalterthümer_, p. 492. Schmidt, _Ethik der alten Griechen_, ii. 325.]
-
-[Footnote 86: Meier and Schömann, _Der altische Process_, p. 379.]
-
-[Footnote 87: Cicero, _De officiis_, i. 12.]
-
-[Footnote 88: Plautus, _Asinaria_, ii. 4. 88.]
-
-[Footnote 89: Mommsen, _Römisches Strafrecht_, p. 622 _sqq._]
-
-How little regard is felt for the lives of strangers also appears from
-the readiness with which war is waged on {339} foreign nations,
-combined with the estimation in which the successful warrior is held
-by his countrymen. The ancient Mexicans were never at a loss for an
-excuse to pick a quarrel with their neighbours, so as to be able to
-procure victims for sacrifices to their gods.[90] "No profession was
-held in more esteem amongst them than the profession of arms. The
-deity of war was the most revered by them, and regarded as the chief
-protector of the nation."[91] The Mayas not only wanted to increase
-their dominions by encroachments upon their neighbours' territory, but
-undertook raids with no other object than that of obtaining captives
-for sacrifice.[92] Speaking of the wars of the ancient Egyptians, M.
-Amélineau observes, "Nous n'avons pas un seul mot dans la littérature
-égyptienne, même dans les [oe]uvres égypto-chrétiennes, qui nous fasse
-entendre le plus léger cri de réprobation pour la guerre et ses
-horreurs."[93] Among the Hebrews the most cruel wars of extermination
-were expressly sanctioned by their religion. That an idolatrous people
-had no right to live was taken as a matter of course; but wars were
-also unscrupulously waged from worldly motives, and in their moral
-code there is no attempt to distinguish between just and unjust
-war.[94] Among the Mohammedans it is likewise the unbeliever, not the
-foreigner as such, that is regarded as the most proper object of
-slaughter. Although there is no precept in the Koran which, taken with
-the context, justifies unprovoked war,[95] the saying that "Paradise
-is under the shadow of swords"[96] is popularly applied to all warfare
-against infidels. Among the Celts[97] and Teutons a man's highest
-aspiration was to acquire military glory. The Scandinavians considered
-it a disgrace for a man to die {340} without having seen human blood
-flow;[98] even the slaying of a tribesman they often regarded lightly
-when it had been done openly and bravely. In Greece, in ancient times
-at least, war was the normal relation between different states, and
-peace an exception, for which a special treaty was required;[99] while
-to conquer and enslave barbarians was regarded as a right given to the
-Greeks by Nature. The whole statecraft of the early Republic of Rome
-was no doubt based upon similar principles;[100] and in later days,
-also, the war policy of the Romans was certainly not conducted with
-that conscientiousness which was insisted upon by some of their writers.
-
-[Footnote 90: Bancroft, _Native Races of the Pacific States_, ii. 420.
-Clavigero, _History of Mexico_, i. 371.]
-
-[Footnote 91: Clavigero, _op. cit._ i. 363.]
-
-[Footnote 92: Bancroft, _op. cit._ ii. 740, 745.]
-
-[Footnote 93: Amélineau, _L'évolution des idées morales dans l'Égypte
-ancienne_, p. 344.]
-
-[Footnote 94: _Cf._ Seldeft, _De Synedriis et Præfecturis Juridicis
-veterum Ebræorum_, iii. 12, p. 1179 _sqq._; Lament, _Études sur
-l'histoire de l'humanité_, i. 384 _sq._]
-
-[Footnote 95: This was later on admitted by Lane (_Modern Egyptians_,
-p. 574), who had previously maintained that the duty of waging holy
-war is strongly urged in the Koran.]
-
-[Footnote 96: Pool, _Studies in Mohammedanism_, p. 246.]
-
-[Footnote 97: Logan, _The Scottish Gael_, i. 101. de Valroger, _Les
-Celtes_, p. 186.]
-
-[Footnote 98: _Njála_, ch. 40, vol. i. 167. Maurer, _Rekehrung des
-Norwegischen Stammes_, ii. 172.]
-
-[Footnote 99: Schmidt, _Ethik der alten Griechen_, ii. 280. Laurent,
-_op. cit._ i. 46. Plato, _Leges_, i. 625. Livy, xxxi. 29: "Cum
-alienigenis, cum barbaris aeternum omnibus Graecis bellum est."]
-
-[Footnote 100: _Cf._ Lecky, _History of European Morals_, ii. 257.]
-
-However, the foreigner is not entirely, or under all circumstances,
-devoid of rights. Among the nations of archaic civilisation, as among
-the lower races, hospitality is a duty, and the life of a guest is as
-sacred as the life of any of the permanent members of the household.
-In various cases the commencement of international hostilities is
-preceded by special ceremonies, intended to justify acts which are not
-considered proper in times of peace. In ancient Mexico it was usual to
-send a formal challenge or declaration of war to the enemy, as it was
-held discreditable to attack a people unprepared for defence;[101]
-and, according to the fecial law of the Romans, no war was just unless
-it was undertaken to reclaim property, or unless it was solemnly
-denounced and proclaimed beforehand.[102] In some cases warfare is
-condemned, or a distinction is made between just and unjust war with
-reference to the purpose for which the war is waged. The Chinese
-philosophers were great advocates of peace.[103] According to
-Lao-Tsze, a superior man uses weapons "only on the compulsion of
-necessity";[104] there is no calamity greater {341} than lightly
-engaging in war,[105] and "he who has killed multitudes of men should
-weep for them with the bitterest grief."[106] In the Indian poem,
-Mahabharata, needless warfare is condemned; it is said that the
-success which is obtained by negotiations is the best, and that the
-success which is secured by battle is the worst.[107] Among the
-Hebrews the sect of the Essenes went so far in their reprobation of
-war that they would not manufacture any martial instruments
-whatever.[108] Roman historians, even in the case of wars with
-barbarians, often discuss the sufficiency or insufficiency of the
-motives "with a conscientious severity a modern historian could hardly
-surpass."[109] According to Cicero, a war, to be just, ought to be
-necessary, the sole object of war being to enable us to live
-undisturbed in peace. There are two modes of settling controversies,
-he says, one by discussion, the other by a resort to force. The first
-is proper to man, the second is proper to brutes, and ought never to
-be adopted except where the first is unavailable.[110] Seneca regards
-war as a "glorious crime," comparable to murder:--"What is forbidden
-in private life is commanded by public ordinance. Actions which,
-committed by stealth, would meet with capital punishment, we praise
-because committed by soldiers. Men, by nature the mildest species of
-the animal race, are not ashamed to find delight in mutual slaughter,
-to wage wars, and to transmit them to be waged by their children, when
-even dumb animals and wild beasts live at peace with one
-another."[111] History attests that the Romans, in their intercourse
-with other nations, did not act upon Cicero's and Seneca's lofty
-theories of international morality; as Plutarch observes, the two
-names "peace" and "war" are mostly used only as coins, to procure, not
-what is just, but what is expedient.[112] Yet there seems to have been
-a general {342} feeling in Rome that the waging of a war required some
-justification. In declaring it, the Roman heralds called all the gods
-to witness that the people against whom it was declared had been
-unjust and neglectful of its obligations.[113]
-
-[Footnote 101: Clavigero, _op. cit._ i. 370. Bancroft, _op. cit._
-ii. 420, 421, 423.]
-
-[Footnote 102: Cicero, _De officiis_, i. 11.]
-
-[Footnote 103: _Cf._ Lanessan, _Morale des philosophes chinois_,
-pp. 54, 107.]
-
-[Footnote 104: _Táo Teh King_, xxxi. 2.]
-
-[Footnote 105: _Ibid._ lxix. 2.]
-
-[Footnote 106: _Ibid._ xxxi. 3.]
-
-[Footnote 107: _Mahabharata_, Bhisma Parva, iii. 81 (pt. xii. _sq._
-p. 6).]
-
-[Footnote 108: Philo, _Quod liber sit quisquis virtuti studet_, p. 877.]
-
-[Footnote 109: Lecky, _History of European Morals_, ii. 258.]
-
-[Footnote 110: Cicero, _De officiis_, i. 11.]
-
-[Footnote 111: Seneca, _Epistulæ_, 95.]
-
-[Footnote 112: Plutarch, _Vita Pyrrhi_, xii. 3, p. 389.]
-
-[Footnote 113: Livy, i. 32.]
-
-Even in war the killing of an enemy is, under certain circumstances,
-prohibited either by custom or by enlightened moral opinion. Among the
-ancient Nahuas, who never accepted a ransom for a prisoner of war, the
-person of an ambassador was at all events held sacred.[114] In the
-'Book of Rewards and Punishments,' which embodies popular Taouism, it
-is said, "Do not massacre the enemies who yield themselves, nor kill
-those who offer their submission."[115] The Hebrews, whilst being
-commanded to "save alive nothing that breatheth" of the cities which
-the Lord had given them for an inheritance, were to deal differently
-with cities which were very far off from them: to kill only the men,
-and to take to themselves the women and the little ones.[116] The Laws
-of Manu lay down very humane rules for a king who fights with his foes
-in battle:--"Let him not strike with weapons concealed in wood, nor
-with such as are barbed, poisoned, or the points of which are blazing
-with fire. Let him not strike one who in flight has climbed on an
-eminence, nor a eunuch, nor one who joins the palms of his hands in
-supplication, nor one who flees with flying hair, nor one who sits
-down, nor one who says 'I am thine'; nor one who sleeps, nor one who
-has lost his coat of mail, nor one who is naked, nor one who is
-disarmed, nor one who looks on without taking part in the fight, nor
-one who is fighting with another foe; nor one whose weapons are
-broken, nor one afflicted with sorrow, nor one who has been grievously
-wounded, nor one who is in fear, nor one who has turned to flight; but
-in all these cases let him remember the duty of honourable
-warriors."[117] The Mahabharata contains expressions of {343} similar
-chivalrous sentiments in regard to enemies. A car-warrior should fight
-only with a car-warrior, a horse-man with a horse-man, a foot-soldier
-with a foot-soldier. "Always being led by consideration of fitness,
-willingness, bravery, and strength, one should strike another after
-having challenged him. None should strike another who is confiding or
-who is panic-striken. One fighting with another, one seeking refuge,
-one retreating, one whose weapon is broken, and one who is not clad in
-armour should never be struck. Charioteers, animals, men engaged in
-carrying weapons, those who play on drums and those who blow conchs
-should never be smitten."[118] Among the Greeks, in the Homeric age,
-it was evidently regarded as a matter of course that, on the fall of a
-city, all the men were slain, and the women and children carried off
-as slaves;[119] but in historic times such a treatment of a vanquished
-foe grew rarer, and seems, under ordinary circumstances, to have been
-disapproved of.[120] The rulers of this land, says the messenger in
-the 'Heraclidæ,' do not approve of slaying enemies who have been taken
-alive in battle.[121] In Rome the customs of war underwent a similar
-change. In ancient days the normal fate of a captive was death, in
-later times he was generally reduced to slavery; but many thousands of
-captives were condemned to the gladiatorial shows, and the vanquished
-general was commonly slain in the Mamertine prison.[122] On the other
-hand, nations or armies that voluntarily submitted to Rome were
-habitually treated with great leniency. Cicero says:--"When we obtain
-the victory we must preserve those enemies who behaved without cruelty
-or inhumanity during the war; for example, our forefathers received,
-even as members of their state, the Tuscans, the Aequi, the Volscians,
-the Sabines, and the Hernici, but utterly destroyed Carthage and
-Numantia. . . . And, while we {344} are bound to exercise
-consideration toward those whom we have conquered by force, so those
-should be received into our protection who throw themselves upon the
-honour of our general, and lay down their arms, even though the
-battering rams should have struck their walls."[123]
-
-[Footnote 114: Bancroft, _op. cit._ ii. 426, 412.]
-
-[Footnote 115: Douglas, _Confucianism and Taouism_, p. 261.]
-
-[Footnote 116: _Deuteronomy_, xx. 13 _sqq._]
-
-[Footnote 117: _Laws of Manu_, vii. 90 _sq._]
-
-[Footnote 118: _Mahabharata_, Bhisma Parva, i. 27 _sqq._ (pt. xii.
-_sq._ p. 2).]
-
-[Footnote 119: _Iliad_, ix. 593 _sq._]
-
-[Footnote 120: Schmidt, _Ethik der alten Griechen_, ii. 281 _sqq._]
-
-[Footnote 121: Euripides, _Heraclidæ_, 966.]
-
-[Footnote 122: Laurent, _op. cit._ iii. 20 _sq._ Lecky, _History of
-European Morals_, ii. 257.]
-
-[Footnote 123: Cicero, _De officiis_, i. 11.]
-
-
-
-
-CHAPTER XV
-
-HOMICIDE IN GENERAL (continued)
-
-
-CHRISTIANITY introduced into Europe a higher regard for human life
-than was felt anywhere in pagan society. The early Christians
-condemned homicide of any kind as a heinous sin. And in this, as in
-all other questions of moral concern, the distinction of nationality
-or race was utterly ignored by them.
-
-The sanctity which they attached to the life of every human being led
-to a total condemnation of warfare, sharply contrasting with the
-prevailing sentiment in the Roman Empire. In accordance with the
-general spirit of their religion, as also with special passages in the
-Bible,[1] they considered war unlawful under all circumstances. Justin
-Martyr quotes the prophecy of Isaiah, that "nation shall not lift up
-sword against nation, neither shall they learn war any more,"[2] and
-proceeds to say that the instruction in the word of God which was
-given by the twelve Apostles "had so good effect that we, who
-heretofore were continually devouring each other, will not now so much
-as lift up our hand against our enemies."[3] Lactantius asserts that
-"to engage in war cannot be lawful for the righteous man, whose
-warfare is that of righteousness itself."[4] Tertullian asks, "Can it
-be lawful to {346} handle the sword, when the Lord Himself has
-declared that he who uses the sword shall perish by it?"[5] And in
-another passage he states that "the Lord by his disarming of Peter
-disarmed every soldier from that time forward."[6] Origen calls the
-Christians the children of peace, who, for the sake of Jesus, never
-take up the sword against any nation; who fight for their monarch by
-praying for him, but who take no part in his wars, even though he urge
-them.[7] It is true that, even in early times, Christian soldiers were
-not unknown; Tertullian alludes to Christians who were engaged in
-military pursuits together with their heathen countrymen.[8] But the
-number of Christians enrolled in the army seems not to have been very
-considerable before the era of Constantine,[9] and, though they were
-not cut off from the Church, their profession was looked upon as
-hardly compatible with their religion. St. Basil says that soldiers,
-after their term of military service has expired, are to be excluded
-from the sacrament of the communion for three whole years.[10] And
-according to one of the canons of the Council of Nice, those
-Christians who, having abandoned the profession of arms, afterwards
-returned to it, "as dogs to their vomit," were for some years to
-occupy in the Church the place of penitents.[11]
-
-[Footnote 1: _St. Matthew_, v. 9, 39, 44. _Romans_, xii. 17.
-_Ephesians_, vi. 12.]
-
-[Footnote 2: _Isaiah_, ii. 4.]
-
-[Footnote 3: Justin Martyr, _Apologia I. pro Christianis_, 39 (Migne,
-_Patrologiæ cursus_, Ser. Graeca, vi. 387 _sq._).]
-
-[Footnote 4: Lactantius, _Divinæ institutiones_, vi. ('De vero cultu')
-20 (Migne, _op. cit._ vi. 708).]
-
-[Footnote 5: Tertullian, _De corona_, 11 (Migne, _op. cit._ ii. 92).]
-
-[Footnote 6: Tertullian, _De idolatria_, 19 (Migne, _op. cit._ i. 691).]
-
-[Footnote 7: Origen, _Contra Celsum_, v. 33; viii. 73 (Migne, _op.
-cit._ Ser. Graeca, xi. 1231 _sq._, 1627 _sq._).]
-
-[Footnote 8: Tertullian, _Apologeticus_, 42 (Migne, _op. cit._ i. 491).]
-
-[Footnote 9: Le Blant, _Inscriptions chrétiennes de la Gaule_,
-i. 84 _sqq._]
-
-[Footnote 10: St. Basil, _Epistola CLXXXVIII._, _ad Amphilochium_,
-can. 13 (Migne, _op. cit._ Ser. Graeca, xxxii. 681 _sq._).]
-
-[Footnote 11: _Concilium Nicænum_, A.D. 325, can. 12 (Labbe-Mansi,
-_Sacrorum Conciliorum collectio_, ii. 674).]
-
-A divine law which prohibited all resistance to enemies could
-certainly not be accepted by the State, especially at a time when the
-Empire was seriously threatened by foreign invaders. Christianity
-could therefore never become a State-religion unless it gave up its
-attitude towards war. And it gave it up. Already in 314 a Council
-condemned soldiers who, from religious motives, {347} deserted their
-colours.[12] The Fathers of the fourth and fifth centuries did not
-altogether disapprove of war. Chrysostom and Ambrose, though seeing
-the difficulty of reconciling it with the theory of Christian life
-which they found in the New Testament, perceived that the use of the
-sword was necessary to preserve the State.[13] St. Augustine went much
-farther. He tried to prove that the practice of war was quite
-compatible with the teachings of Christ. The soldiers mentioned in the
-New Testament, who were seeking for a knowledge of salvation, were not
-directed by our Lord to throw aside their arms and renounce their
-profession, but were advised by him to be content with their
-wages.[14] St. Peter baptised Cornelius, the centurion, in the name of
-Christ, without exhorting him to give up the military life,[15] and
-St. Paul himself took care to have a strong guard of soldiers for his
-defence.[16] And was not the history of David, the "man after God's
-own heart," an evidence of those being wrong who say that "no one who
-wages war can please God"?[17] When Christ declared that "all they
-that take the sword shall perish with the sword,"[18] He referred to
-such persons only as arm themselves to shed the blood of others
-without either command or permission of any superior or lawful
-authority.[19] A great deal depends on the causes for which men
-undertake war, and on the authority they have for doing so. Those wars
-are just which are waged with a view to obtaining redress for wrongs,
-or to chastising the undue arrogance of another State. The monarch has
-the power of making war when he thinks it advisable, and, even if he
-be a sacrilegious {348} king, a Christian may fight under him,
-provided that what is enjoined upon the soldier personally is not
-contrary to the precept of God.[20] In short, though peace is our
-final good, though in the City of God there is peace in eternity,[21]
-war may sometimes be a necessity in this sinful world.
-
-[Footnote 12: _Concilium Arelatense I._ A.D. 314, can. 3 (Labbe-Mansi,
-_op. cit._ ii. 471). _Cf._ Le Blant, _op. cit._ i. p. lxxxii.]
-
-[Footnote 13: Gibb, 'Christian Church and War,' in _British Quarterly
-Review_, lxxiii. 83.]
-
-[Footnote 14: St. Augustine, _Epist. CXXXVIII._, _ad Marcellinum_, 15
-(Migne, _op. cit._ xxxiii. 531 _sq._).]
-
-[Footnote 15: St. Augustine, _Epist. CLXXXIX._, _ad Bonifacium_, 4
-(Migne, _op. cit._ xxxiii. 855).]
-
-[Footnote 16: St. Augustine, _Epistola XLVII._, _ad Publicolam_, 5
-(Migne, _op. cit._ xxxiii. 187).]
-
-[Footnote 17: St. Augustine, _Epist. CLXXXIX._, _ad Bonifacium_, 4
-(Migne, _op. cit._ xxxiii. 855).]
-
-[Footnote 18: _St. Matthew_, xxvi. 52.]
-
-[Footnote 19: St. Augustine, _Contra Faustum Manichæum_, xxii. 70
-(Migne, _op. cit._ xlii, 444).]
-
-[Footnote 20: St. Augustine, _Contra Faustum Manichæum_, xxii. 75
-(Migne, _op. cit._ xlii. 448).]
-
-[Footnote 21: St. Augustine, _De civitate Dei_, xix. 11.]
-
-By the writings of St. Augustine the theoretical attitude of the
-Church towards war was definitely settled, and later theologians only
-reproduced or further elaborated his views. Yet it was not with a
-perfectly safe conscience that Christianity thus sanctioned the
-practice of war. There was a feeling that a soldier scarcely could
-make a good Christian. In the middle of the fifth century, Leo the
-Pope declared it to be contrary to the rules of the Church that
-persons after the action of penance--that is, persons then considered
-to be pre-eminently bound to obey the law of Christ--should revert to
-the profession of arms.[22] Various Councils forbade the clergy to
-engage in warfare,[23] and certain canons excluded from ordination all
-who had served in an army after baptism.[24] Penance was prescribed
-for those who had shed blood on the battle-field.[25] Thus {349} the
-ecclesiastical canons made in William the Conqueror's reign by the
-Norman prelates, and confirmed by the Pope, directed that he who was
-aware that he had killed a man in a battle should do penance for one
-year, and that he who had killed several should do a year's penance
-for each.[26] Occasionally the Church seemed to wake up to the evils
-of war in a more effective way; there are several notorious instances
-of wars being forbidden by popes. But in such cases the prohibition
-was only too often due to the fact that some particular war was
-disadvantageous to the interests of the Church. And whilst doing
-comparatively little to discourage wars which did not interfere with
-her own interests, the Church did all the more to excite war against
-those who were objects of her hatred.
-
-[Footnote 22: Leo Magnus, _Epistola XC._, _ad Rusticum_, inquis. 12
-(Migne, _op. cit._ liv. 1206 _sq._).]
-
-[Footnote 23: One of the Apostolic Canons requires that any bishop,
-priest, or deacon who devotes himself to military service shall be
-degraded from his ecclesiastical rank (_Canones ecclesiastici qui
-dicuntur Apostolorum_, 83 [74] [Bunsen, _Analecta Ante-Nicæna_, ii.
-31]). The Councils of Toulouse, in 633 (ch. 45, in Labbe-Mansi, _op.
-cit._ x. 630), and of Meaux, in 845 (can. 37, _ibid._ xiv. 827),
-condemned to a similar punishment those of the clergy who ventured to
-take up arms. Gratian says (_Decretum_, ii. 23. 8. 4) that the Church
-refuses to pray for the soul of a priest who died on the battle-field.
-Notwithstanding the canons of Councils and the decrees of popes,
-ecclesiastics frequently participated in battles (Nicolaus I.
-_Epistolæ et Decreta_, 83 [Migne, _op. cit._ cxix. 922]. Robertson,
-_History of the Reign of Charles V._ i. 330, 385. Ward, _Foundation
-and History of the Law of Nations_, i. 365 _sq._ Buckle, _History of
-Civilisation in England_, i. 204; ii. 464. Bethune-Baker, _Influence
-of Christianity on War_, p. 52. Dümmler, _Geschichte des
-Ostfränkischen Reichs_, ii. 637).]
-
-[Footnote 24: Grotius, _De jure belli et pacis_, i. 2. 10. 10.
-Bingham, _Antiquities of the Christian Church_, iv. 4. 1 (_Works_,
-ii. 55).]
-
-[Footnote 25: _P[oe]nitentiale Bigotianum_, iv. i. 4 (Wasserschleben,
-_Bussordnungen der abendländischen Kirche_, p. 453). _P[oe]nit.
-Vigilanum_, 27 (_ibid._ p. 529). _P[oe]nit. Pseudo-Theodori_, xxi. 15
-(_ibid._ p. 587 _sq._). _Cf._ _Mort de Garin le Loherain_, p. 213:
-"Ainz se repent et se claime cheti; Ses pechiés plore au soir et au
-matin, De ce qu'il a tans homes mors et pris."]
-
-[Footnote 26: Wilkins, _Concilia Magnæ Britanniæ et Hiberniæ_, i. 366.]
-
-It has been suggested that the transition from the peaceful tenets of
-the primitive Church to the essentially military Christianity of the
-crusades, was chiefly due to the terrors and the example of Islam.
-"The spirit of Muhammedanism," says Mr. Lecky, "slowly passed into
-Christianity, and transformed it into its image." Until then, "war was
-rather condoned than consecrated, and, whatever might be the case with
-a few isolated prelates, the Church did nothing to increase or
-encourage it."[27] But this view is hardly consistent with facts.
-Christianity had entered on the war-path already before it came into
-contact with Muhammedanism. Wars against Arian peoples had been
-represented as holy wars, for which the combatants would be rewarded
-by Heaven.[28] The war which Chlodwig made upon the Visigoths was not
-only undertaken with the approval of the clergy, but it was, as Mr.
-Greenwood remarks, "properly their war, and Chlodwig undertook it in
-the capacity of a religious champion in all things but the
-disinterestedness which ought to distinguish that character." Remigius
-of Reims assisted him by his countenance and advice, and the {350}
-Catholic priesthood set every engine of their craft in motion to
-second and encourage him.[29] In the Church itself there were germs
-out of which a military spirit would naturally develop itself. The
-famous dictum, "Nulla salus extra ecclesiam," was promulgated as early
-as the days of Cyprian. The general view of mediæval orthodoxy was,
-that those beyond the pale of the Church, heathen and heretics alike,
-were unalterably doomed to hell, whereas those who would acknowledge
-her authority, confess their sins, receive the sacrament of baptism,
-partake of the eucharist and obey the priest, would be infallibly
-saved. If war was allowed by God, could there be a more proper object
-for it than the salvation of souls otherwise lost? And for those who
-refuse to accept the gift of grace offered to them, could there be a
-juster punishment than death? Moreover, had not the Israelites fought
-great battles "for the laws and the sanctuary"?[30] Had not the Lord
-Himself commissioned them to attack, subdue, and destroy his enemies?
-Had He not commanded them to root out the natives of Canaan, who,
-because of their abominations, had fallen under God's judgment, and to
-kill man and beast in the Israelitish cities which had given
-themselves to idolatry, and to burn all the spoil, with the city
-itself, as a whole offering to Yahveh?[31] There was no need, then,
-for the Christians to go to the Muhammedans in order to learn the art
-of religious war. The Old Testament, the revelation of God, gave
-better lessons in it than the Koran, and was constantly cited in
-justification of any cruelty committed in the name of religion.[32]
-
-[Footnote 27: Lecky, _History of European Morals_, ii. 251 _sq._]
-
-[Footnote 28: Gibb, _loc. cit._ p. 86.]
-
-[Footnote 29: Greenwood, _First Book of the History of the Germans_,
-p. 518.]
-
-[Footnote 30: _1 Maccabees_, xiii. 3. Thomas Aquinas (_Summa
-theologica_, ii-ii. 188. 3) quotes this passage in support of the
-doctrine, that fighting may be directed to the preservation of divine
-worship.]
-
-[Footnote 31: _Deuteronomy_, xiii. 15 _sq._]
-
-[Footnote 32: _Cf._ Constant, _De la religion_, ii. 229 _sq._]
-
-It was thus in perfect consistency with the general teachings of the
-Church that she regarded an exploit achieved against the infidels as a
-merit which might obliterate the guilt of the most atrocious crimes.
-Such a {351} deed was the instrument of pardon to Henry II. for the
-murder of Becket,[33] and was supposed to be the means of cure to St.
-Louis in a dangerous illness. Fighting against infidels took rank with
-fastings, penitential discipline, visits to shrines, and almsgivings,
-as meriting the divine mercy.[34] He who fell in the battle could be
-confident that his soul was admitted directly into the joys of
-Paradise.[35] And this held good not only of wars against Muhammedans.
-The massacres of Jews and heretics seemed no less meritorious than the
-slaughter of the more remote enemies of the Gospel. Nay, even a slight
-shade of difference from the liturgy of Rome became at last a
-legitimate cause of war.
-
-[Footnote 33: Lyttelton, _History of the Life of King Henry the
-Second_, iii. 96.]
-
-[Footnote 34: _Cf._ Milman, _History of Latin Christianity_, iv. 209.]
-
-[Footnote 35: _Cf._ Laurent, _Études sur l'histoire de l'humanité_,
-vii. 257.]
-
-It is true that these views were not shared by all. At the Council of
-Lyons, in 1274, the opinion was pronounced, and of course eagerly
-attacked, that it was contrary to the examples of Christ and the
-Apostles to uphold religion with the sword and to shed the blood of
-unbelievers.[36] In the following century, Bonet maintained that,
-according to Scriptures, a Saracen or any other disbeliever could not
-be compelled by force to accept the Christian faith.[37] Franciscus a
-Victoria declared that "diversity of religion is not a cause of just
-war";[38] and a similar opinion was expressed by Soto,[39] Covarruvias
-a Leyva,[40] and Suarez.[41] According to Balthazar Ayala, the most
-illustrious Spanish lawyer of the sixteenth century, it does not
-belong to the Church to punish infidels who {352} have never received
-the Christian faith, whereas those who, having once received it,
-afterwards endeavour to prevent the propagation of the Gospel, may,
-like other heretics, be justly persecuted with the sword.[42] But the
-majority of jurisconsults, as well as of canonists, were in favour of
-the orthodox view that unbelief is a legitimate reason for going to
-war.[43] And this principle was, professedly, acted upon to an extent
-which made the history of Christianity for many centuries a perpetual
-crusade, and transformed the Christian Church into a military power
-even more formidable than Rome under Cæsar and Augustus. Very often
-religious zeal was a mere pretext for wars which in reality were
-caused by avarice or desire for power. The aim of the Church was to be
-the master of the earth rather than the servant of heaven. She
-preached crusades not only against infidels and heretics, but against
-any disobedient prince who opposed her boundless pretensions. And she
-encouraged war when rich spoils were to be expected from the victor,
-as a thankoffering to God for the victory He had granted, or as an
-atonement for the excesses which had been committed.
-
-[Footnote 36: Bethune-Baker, _op. cit._ p. 73.]
-
-[Footnote 37: Bonet, _L'arbre des batailles_, iv. 2, p. 86: "Selon la
-sainte Escripture nous ne pouvons et si ne devons contredire ne
-efforcer ung mescreant à recepvoir ne le saint bapteme ne la sainte
-foy ainsi les devons laisser en leur franche volonté que Dieu leur a
-donnée."]
-
-[Footnote 38: Franciscus a Victoria, _Relectiones Theologicæ_, vi. 10,
-p. 231: "Caussa iusti belli non est diuersitas religionis." Yet
-infidels may be constrained to allow the Gospel to be preached
-(_ibid._ v. 3. 12, p. 214 _sq._).]
-
-[Footnote 39: Soto, _De justititia et jure_, v. 3. 5, fol. 154.]
-
-[Footnote 40: Covariuvias a Leyva, _Regulæ_, _Pecatum_, ii. 10. 2
-(_Opera omnia_, i. 496): "Infidelitas non priuat infideles dominio,
-quod habent iure humano, vel habuerunt ante legem Euangelicam in
-prouinciis et regnis, quae obtinent."]
-
-[Footnote 41: Suarez, cited by Nys, _Droit de la guerre et les
-précurseurs de Grotius_, p. 98.]
-
-[Footnote 42: Ayala, _De iure et officiis bellicis et disciplina
-militari_, i. 2. 29 _sq._]
-
-[Footnote 43: Nys, _op. cit._ p. 89. _Idem_, in his Introduction to
-Bonet's _L'arbre des batailles_, p. xxiv. According to Conradus Brunus
-(_De legationibus_, iii. 8, p. 115), for instance, any war waged by
-Christians against the enemies of the Christian faith is just, as
-being undertaken for the defence of religion and the glory of God in
-order to recover the possession of dominions unjustly held by infidels.]
-
-Out of this union between war and Christianity there was born that
-curious bastard, Chivalry. The secular germ of it existed already in
-the German forests. According to Tacitus, the young German who aspired
-to be a warrior was brought into the midst of the assembly of the
-chiefs, where his father, or some other relative, solemnly equipped
-him for his future vocation with shield and javelin.[44] Assuming arms
-was thus made a social distinction, which subsequently derived its
-name {353} from one of its most essential characteristics, the riding
-a war-horse. But Chivalry became something quite different from what
-the word indicates. The Church knew how to lay hold of knighthood for
-her own purposes. The investiture, which was originally of a purely
-civil nature, became, even before the time of the crusades, as it
-were, a sacrament.[45] The priest delivered the sword into the hand of
-the person who was to be made a knight, with the following words,
-"Serve Christi, sis miles in nomine Patris, Filii, et Spiritus Sancti,
-Amen."[46] The sword was said to be made in semblance of the cross so
-as to signify "how our Lord God vanquished in the cross the death of
-human lying";[47] and the word "Jesus" was sometimes engraven on its
-hilt.[48] God Himself had chosen the knight to defeat with arms the
-miscreants who wished to destroy his Holy Church, in the same way as
-He had chosen the clergy to maintain the Catholic faith with Scripture
-and reasons.[49] The knight was to the body politic what the arms are
-to the human body: the Church was the head, Chivalry the arms, the
-citizens, merchants, and labourers the inferior members; and the arms
-were placed in the middle to render them equally capable of defending
-the inferior members and the head.[50] "The greatest amity that should
-be in this world," says the author of the 'Ordre of Chyualry,' "ought
-to be between the knights and clerks."[51] The several gradations of
-knighthood were regarded as parallel to those of the Church.[52] And
-after the conquest of the Holy Land the union between the profession
-of arms and the religion of Christ became still more intimate by the
-institution of the two military orders of monks, the Knights Templars
-and Knights of St. John of Jerusalem.
-
-[Footnote 44: Tactitus, _Germania_, 13. According to Honoré de Sainte
-Marie (_Dissertations historiques et critiques sur la Chevalerie_, p.
-30 _sqq._), Chivalry is of Roman, according to some other writers, of
-Arabic origin. M. Gautier (_La Chevalerie_, pp. 14, 16) repudiates
-these theories, and regards Chivalry as "un usage germain idéalisé par
-l'Église." See also Rambaud, _Histoire de la civilisation française_,
-i. 178 _sq._]
-
-[Footnote 45: Scott, 'Essay on Chivalry,' in _Miscellaneous Prose
-Works_, vi. 16. Mills, _History of Chivalry_, i. 10 _sq._ For a
-description of the various religious ceremonies accompanying the
-investiture, see _The Book of the Ordre of Chyualry or Knyghthode_,
-fol. 27 b _sqq._ _Cf._ also Favyn, _Theater of Honour and
-Knight-Hood_, i. 52.]
-
-[Footnote 46: Favyn, _op. cit._ i. 52.]
-
-[Footnote 47: _Ordre of Chyualry_, fol. 31 a _sq._]
-
-[Footnote 48: Mills, _op. cit._ i. 71.]
-
-[Footnote 49: _Ordre of Chyualry_, fol. 11 b.]
-
-[Footnote 50: _Le Jouuencel_, fol. 94 _sqq._]
-
-[Footnote 51: _Ordre of Chyualry_, fol. 12 a.]
-
-[Footnote 52: Scott, _loc. cit._ p. 15.]
-
-{354} The duties which a knight took on himself by oath were very
-extensive, but not very well defined. He should defend the holy
-Catholic faith, he should defend justice, he should defend women,
-widows, and orphans, and all those of either sex that were powerless,
-ill at ease, and groaning under oppression, and injustice.[53] In the
-name of religion and justice he could thus practically wage war almost
-at will. Though much real oppression was undoubtedly avenged by these
-soldiers of the Church, the knight seems as a rule to have cared
-little for the cause or necessity of his doing battle. "La guerre est
-ma patrie, Mon harnois ma maison: Et en toute saison Combatre c'est ma
-vie," was a saying much in use in the sixteenth century.[54] The
-general impression which Froissart gives us in his history is, that
-the age in which he lived was completely given over to fighting, and
-cared about nothing else whatever.[55] The French knights never spoke
-of war but as a feast, a game, a pastime. "Let them play their game,"
-they said of the cross-bow men, who were showering down arrows on
-them; and "to play a great game," _jouer gros jeu_, was their
-description of a battle.[56] Previous to the institution of Chivalry
-there certainly existed much fighting in Christian countries, but
-knighthood rendered war "a fashionable accomplishment."[57] And so
-all-absorbing became the passion for it that, as real injuries were
-not likely to occur every day, artificial grievances were created, and
-tilts and tournaments were invented in order to keep in action the
-sons of war when they had no other employments for their courage. Even
-in these images of war--which were by no means so harmless as they
-have sometimes been represented to be[58]--the intimate connection
-{355} between Chivalry and religion displays itself in various ways.
-Before the tournament began, the coats of arms, helmets, and other
-objects were carried into a monastery, and after the victory was
-gained the arms and the horses which had been used in the fight were
-offered up at the church.[59] The proclamations at the tournaments
-were generally in the name of God and the Virgin Mary. Before battle
-the knights confessed, and heard mass; and, when they entered the
-lists, they held a sort of image with which they made the sign of the
-cross.[60] Moreover, "as the feasts of the tournaments were
-accompanied by these acts of devotion, so the feasts of the Church
-were sometimes adorned with the images of the tournaments."[61] It is
-true that the Church now and then made attempts to stop these
-performances.[62] But then she did so avowedly because they prevented
-many knights from joining the holy wars, or because they swallowed up
-treasures which might otherwise with advantage have been poured into
-the Holy Land.[63]
-
-[Footnote 53: _Ordre of Chyualry_, foll. 11 b, 17 a. Sainte-Palaye,
-_Mémoires sur l'ancienne Chevalerie_, i. 75, 129.]
-
-[Footnote 54: De la Nouë, _Discours politiques et militaires_, p. 215.]
-
-[Footnote 55: See Sir James Stephen's essay on 'Froissart's
-Chronicles,' in his _Horæ Sabbaticæ_, i. 22 _sqq._]
-
-[Footnote 56: Sainte-Palaye, _op. cit._ ii. 61.]
-
-[Footnote 57: Millingen, _History of Duelling_, i. 70.]
-
-[Footnote 58: Sainte-Palaye, _op. cit._ i. 179; ii. 75. Du Cange,
-'Dissertations sur l'histoire de S. Louys,' in Petitot, _Collection
-des Mémoires relatifs à l'histoire de France_, iii. 122 _sq._ Honoré
-de Sainte Marie, _op. cit._ p. 186.]
-
-[Footnote 59: Sainte-Palaye, _op. cit._ i. 151.]
-
-[Footnote 60: _Ibid._ ii. 57.]
-
-[Footnote 61: _Ibid._ ii. 57 _sq._]
-
-[Footnote 62: Du Cange, _loc. cit._ p. 124 _sqq._ Honoré de Sainte
-Marie, _op. cit._ p. 186. Sainte-Palaye, _op. cit._ ii. 75.]
-
-[Footnote 63: Du Cange, _loc. cit._ p. 125 _sq._]
-
-Closely connected with the feudal system was the practice of private
-war. Though tribunals had been instituted, and even long after the
-kings' courts had become well-organised and powerful institutions, a
-nobleman had a right to wage war upon another nobleman from whom he
-had suffered some gross injury.[64] On such occasions not only the
-relatives, but the vassals, of the injured man were bound to help him
-in his quarrel, and the same obligation existed in the case of the
-aggressor.[65] Only greater crimes were regarded as legitimate causes
-of private war,[66] but this rule was not at all strictly
-observed.[67] As {356} a matter of fact, the barons fled to arms upon
-every quarrel; he who could raise a small force at once made war upon
-him who had anything to lose. The nations of Europe were subdivided
-into innumerable subordinate states, which were almost independent,
-and declared war and made treaties with all the vigour and all the
-ceremonies of powerful monarchs. Contemporary historians describe the
-excesses committed in prosecution of these intestine quarrels in such
-terms as excite astonishment and horror; and great parts of Europe
-were in consequence reduced to the condition of a desert, which it
-ceased to be worth while to cultivate.[68]
-
-[Footnote 64: The right of private war generally supposed nobility of
-birth and equality of rank in both the contending parties (Beaumanoir,
-_Coutumes du Beauvoisis_, lix. 5 _sq._ vol. ii. 355 _sqq._; Robertson,
-_History of the Reign of Charles V._ i. 329). But it was also granted
-to the French _communes_, and to the free towns in Germany, Italy, and
-Spain (Du Boys, _Histoire du droit criminel des peuples modernes_,
-ii. 348).]
-
-[Footnote 65: Du Cange, _loc. cit._ pp. 450, 458.]
-
-[Footnote 66: _Ibid._ p. 445 _sq._ Arnold, _Deutsche Urzeit_, p. 341.
-von Wächter, _Beiträge zur deutschen Geschichte_, p. 46.]
-
-[Footnote 67: We read of a nobleman who declared war against the city
-of Frankfort, because a lady residing there had promised to dance with
-his cousin, but danced with another; and the city was obliged to
-satisfy the wounded honour of the gentleman (von Wächter, _op. cit._
-p. 57).]
-
-[Footnote 68: Robertson, _op. cit._ i. 332.]
-
-The Church made some feeble attempts to put an end to this state of
-things. Thus, about the year 990, ordinances were directed against the
-practice of private war by several bishops in the south of France, who
-agreed to exclude him who violated their ordinances from all Christian
-privileges during his life, and to deny him Christian burial after his
-death.[69] A little later, men engaged in warfare were exhorted, by
-sacred relics and by the bodies of saints, to lay down their arms and
-to swear that they would never again disturb the public peace by their
-private hostilities.[70] But it is hardly likely that such directions
-had much effect as long as the bishops and abbots themselves were
-allowed to wage private war by means of their vidames, and exercised
-this right scarcely less frequently than the barons.[71] Nor does it
-seem that {357} the Church brought about any considerable change for
-the better by establishing the Truce of God, involving obligatory
-respite from hostilities during the great festivals of the Church, as
-also from the evening of Wednesday in each week to the morning of
-Monday in the week ensuing.[72] We are assured by good authorities
-that the Truce was generally disregarded, though the violator was
-threatened with the penalty of excommunication.[73] Most barons could
-probably say with Bertram de Born:--"La paix ne me convient pas; la
-guerre seule me plaît. Je n'ai égard ni aux lundis, ni aux mardis. Les
-semaines, les mois, les années, tout m'est égal. En tout temps, je
-veux perdre quiconque me nuit."[74] The ordinance enjoining the
-_treuga Dei_ was transgressed even by the popes.[75] It was too
-unpractical a direction to be obeyed, and was soon given up even in
-theory by the authorities of the Church. Thomas Aquinas says that, as
-physicians may lawfully apply remedies to men on feast-days, so just
-wars may be lawfully prosecuted on such days for the defence of the
-commonwealth of the faithful, if necessity so requires; "for it would
-be tempting God for a man to want to keep his hands from war under
-stress of such necessity."[76] And in support of this opinion he
-quotes the first Book of the Maccabees, where it is said, "Whosoever
-shall come to make battle with us on the sabbath day, we will fight
-against him."[77]
-
-[Footnote 69: 'Charta de Treuga et Pace per Aniciensem Praesulem
-Widonem in Congregatione quamplurium Episcoporum, Principium, et
-Nobilium hujus Terrae sancita,' in Dumont, _Corps universel
-diplomatique du droit des gens_, i. 41.]
-
-[Footnote 70: Raoul Glaber, _Histori sui temporis_, iv. 5 (Bouquet,
-_Rerum Gallicarum et Francicarum Scriptores_, x. 49). Robertson, _op.
-cit._ i. 335.]
-
-[Footnote 71: Brussel, _Nouvel examen de l'usage général des fiefs en
-France_, i. 144. How much the prelates were infected by the general
-spirit of the age, appears from a characteristic story of an
-archbishop of Cologne who gave to one of his vassals a castle situated
-on a sterile rock. When the vassal objected that he could not subsist
-on such a soil, the archbishop answered, "Why do you complain? Four
-roads unite under the walls of your castle" (Du Boys, _Histoire du
-droit criminel de l'Espagne_, p. 504).]
-
-[Footnote 72: Raoul Glaber, _op. cit._ v. 1 (_loc. cit._ p. 59). Du
-Cange, _Glossarium ad scriptores mediæ et infimæ Latinitatis_, vi.
-1267 _sq._ Henault, _Nouvel abrégé chronologique de l'histoire de
-France_, p. 106.]
-
-[Footnote 73: Du Cange, _Glossarium_, vi. 1272. Nys, _Droit de la
-guerre et les précurseurs de Grotius_, p. 114.]
-
-[Footnote 74: Villemain, _Cours de littérature française_,
-_Littérature du Moyen Age_, i. 122 _sq._]
-
-[Footnote 75: Belli, _De re militari_, quoted by Nys, _op. cit._ p. 115.]
-
-[Footnote 76: Thomas Aquinas, _op. cit._ ii.-ii. 40. 4.]
-
-[Footnote 77: _Maccabees_, ii. 41.]
-
-It seems that the main cause of the abolition of private war was not
-any measure taken by the Church, but the increase of the authority of
-emperors or kings. In France the right of waging private war was
-moderated by Louis IX., checked by Philip IV., suppressed by {358}
-Charles VI.[78] In England, after the Norman Conquest, private wars
-seem to have occurred more rarely than on the Continent, probably
-owing to the strength of the royal authority, which made the execution
-of justice more vigorous and the jurisdiction of the King's court more
-extensive than was the case in most other countries.[79] In Scotland
-the practice of private war received its final blow only late in the
-eighteenth century, when the clans were reduced to order after the
-rebellion of 1745.[80] Whilst, then, it is impossible to ascribe to
-the Church any considerable part in the movement which ultimately led
-to the entire abolition of private war, we have, on the other hand, to
-take into account the encouragement which the Church gave to the
-warlike spirit of the time by the establishment of Chivalry[81] and by
-sanctioning war as a divine institution. War came to be looked upon as
-a judgment of God and the victory as a sign of his special favour.
-Before a battle, the service of mass was usually performed by both
-armies in the presence of each other, and no warrior would fight
-without secretly breathing a prayer.[82] Pope Adrian IV. says that a
-war commenced under the auspices of religion cannot but be
-fortunate;[83] and it was commonly believed that God took no less
-interest in the battle than did the fighting warriors. Bonet, who
-wrote in the fourteenth century, puts to himself the question, why
-there are so many wars in the world, and gives the answer, "que toutes
-sont pour le pechié du siecle dont nostre seigneur Dieu pour le pugnir
-permet les guerres, car ainsi le maintient l'escripture."[84]
-
-[Footnote 78: Robertson, _op. cit._ i. 55, 56, 338 _sqq._ Hallam,
-_View of the State of Europe during the Middle Ages_, i. 207. Brussel,
-_op. cit._ i. 142.]
-
-[Footnote 79: _Ibid._ i. 343 _sq._ Prof. Freeman (_Comparative
-Politics_, p. 328 _sq._) mentions as the last instance of private war
-in England one from the time of Edward IV.]
-
-[Footnote 80: Lawrence, _Essays on some Disputed Questions in Modern
-International Law_, p. 254 _sq._]
-
-[Footnote 81: I do not understand how M. Gautier can say (_op. cit._
-p. 6) that Chivalry was the most beautiful of those means by which the
-Church endeavoured to check war.]
-
-[Footnote 82: Mills, _History of Chivalry_, i. 147.]
-
-[Footnote 83: Laurent, _op. cit._ vii. 245.]
-
-[Footnote 84: Bonet, _op. cit._ iv. 54, p. 150.]
-
-Similar opinions have retained their place in the orthodox creeds both
-of the Catholic and Protestant {359} Churches up to the present day.
-The attitude adopted by the great Christian congregations towards war
-has been, and is still, to a considerable degree, that of sympathetic
-approval. The Catechism of the Council of Trent brings home that there
-are on record instances of slaughter executed by the special command
-of God Himself, as when the sons of Levi, who put to death so many
-thousands in one day, after the slaughter were thus addressed by
-Moses, "Ye have consecrated your hands this day to the Lord."[85] Even
-quite modern Catholic writers refer to the canonists who held that a
-State might lawfully make war upon a heretic people which was
-spreading heresy, and upon a pagan people which prevented the
-preaching of the Gospel.[86] Again, when the Protestant Churches
-became State-Churches, their ministers, considering themselves as in
-the service of the State, were ready to champion whatever war the
-Government pleased to undertake. As Mr. Gibb observes, the Protestant
-minister was as ready with his Thanksgiving Sermon for the victories
-of a profligate war, as the Catholic priest was with his _Te Deum_;
-"indeed, the latter was probably the more independent of the two,
-because of his allegiance to Rome."[87] The new Confessions of Faith
-explicitly claimed for the State the right of waging war, and the
-Anabaptists were condemned because they considered war unlawful for a
-Christian.[88] Even the necessity of a just cause as a reason for
-taking part in warfare, which was reasserted at the time of the
-Reformation, was subsequently allowed to drop out of sight. Mr. Farrer
-calls attention to the fact that in the 37th article of the English
-Church, which is to the effect that a Christian at the command of the
-magistrate may wear weapons and serve in wars, the word _justa_ in the
-Latin form preceding the word _bella_ has been omitted altogether.[89]
-
-[Footnote 85: _Catechism of the Council of Trent_, iii. 6. 5.]
-
-[Footnote 86: Adds and Arnold, _Catholic Dictionary_, p. 944.]
-
-[Footnote 87: Gibb, _loc. cit._ p. 90.]
-
-[Footnote 88: _Augsburg Confession_, i. 16. _Second Helvetic
-Confession_, xxx. 4.]
-
-[Footnote 89: Farrer, _Military Manners and Customs_, p. 208.]
-
-{360} Nor did the old opinion that war is a providential institution
-and a judgment of God die with the Middle Ages. Lord Bacon looks upon
-wars as "the highest trials of right; when princes and states that
-acknowledge no superior upon earth shall put themselves upon the
-justice of God, for the deciding of their controversies by such
-success as it shall please Him to give on either side."[90] Réal de
-Curban says that a war is seldom successful unless it be just, hence
-the victor may presume that God is on his side.[91] According to
-Jeremy Taylor, "kings are in the place of God, who strikes whole
-nations, and towns, and villages; and war is the rod of God in the
-hands of princes."[92] And it is not only looked upon as an instrument
-of divine justice, but it is also said, generally, "to work out the
-noble purposes of God."[93] Its tendency, as a theological writer
-assures us, is "to rectify and exalt the popular conception of God,"
-there being nothing among men "like the smell of gunpowder for making
-a nation perceive the fragrance of divinity in truth."[94] By war the
-different countries "have been opened up to the advance of true
-religion."[95] "No people ever did, or ever could, feel the power of
-Christian principle growing up like an inspiration through the
-national manhood, until the worth of it had been thundered on the
-battle-field."[96] War is, "when God sends it, a means of grace and of
-national renovation"; it is "a solemn duty in which usually only the
-best Christians and most trustworthy men should be commissioned to
-hold the sword."[97] According to M. Proudhon, it is the most sublime
-phenomenon of our moral life,[98] a divine revelation more
-authoritative than the Gospel itself.[99] The warlike people is the
-religious people;[100] war is the sign of {361} human grandeur, peace
-a thing for beavers and sheep. "Philanthrope, vous parlez d'abolir la
-guerre; prenez garde de dégrader le genre humain."[101]
-
-[Footnote 90: Bacon, _Letters and Life_, i. (_Works_, viii.), 146.]
-
-[Footnote 91: Réal de Curban, _La science du gouvernement_, v. 394 _sq._]
-
-[Footnote 92: Taylor, _Whole Works_, xii. 164.]
-
-[Footnote 93: 'The Sword and Christianity,' in _Boston Review devoted
-to Theology and Literature_, iii. 261.]
-
-[Footnote 94: _Ibid._ iii. 259, 257.]
-
-[Footnote 95: Holland, _Time of War_, p. 14.]
-
-[Footnote 96: _Boston Review_, iii. 257.]
-
-[Footnote 97: 'Christianity and War,' in _Christian Review_, xxvi. 604.]
-
-[Footnote 98: Proudhon, _La guerre et la paix_, ii. 420.]
-
-[Footnote 99: _Ibid._i.62; ii. 435.]
-
-[Footnote 100: _Ibid._ i. 45.]
-
-[Footnote 101: _Ibid._ i. 43.]
-
-In order to prove the consistency of war with Christianity appeals are
-still, as in former days, made to the Bible; to the divinely-sanctioned
-example of the ancient Israelites, to the fact that Jesus never
-prohibited those around Him from bearing arms, to the instances of the
-centurions mentioned in the Gospel, to St. Paul's predilection for
-taking his spiritual metaphors from the profession of the soldier, and
-so on.[102] According to Canon Mozley, the Christian recognition of
-the right of war was contained in Christianity's original recognition
-of nations.[103] "By a fortunate necessity," a universal empire is
-impossible.[104] Each nation is a centre by itself, and when questions
-of right and justice arise between these independent centres, they
-cannot be decided except by mutual agreement or force. The aim of the
-nation going to war is exactly the same as that of the individual in
-entering a court, and the Church, which has no authority to decide
-which is the right side, cannot but stand neutral and contemplate war
-forensically, as a mode of settling national questions, which is
-justified by the want of any other mode.[105] A natural justice, Canon
-Mozley adds, is inherent not only in wars of self-defence; there is an
-instinctive reaching in nations and masses of people after alteration
-and readjustment, which has justice in it, and which arises from real
-needs. The arrangement does not suit as it stands, there is want of
-adaptation, there is confinement and pressure; there are people kept
-away from each other that are made to be together, and parts separated
-that were made to join. All this uneasiness in States naturally leads
-to war. Moreover, there are wars of progress which, so far as they are
-really necessary for the due advantage of mankind and {362} growth of
-society, are approved of by Christianity, though they do not strictly
-belong to the head of wars undertaken in self-defence.[106] A doctrine
-which thus, in the name of religion, allows the waging of wars for
-rectifying the political distribution of nationalities and races, and
-forwarding the so-called progress of the world, naturally lends itself
-to the justification of almost any war entered upon by a Christian
-State.[107] As a matter of fact, it would be impossible to find a
-single instance of a war waged by a Protestant country, from any
-motive, to which the bulk of its clergy have not given their sanction
-and support. The opposition against war has generally come from other
-quarters.
-
-[Footnote 102: See _e.g._, Browne, _Exposition of the Thirty-Nine
-Articles_, p. 827 _sq._; _Christian Review_, xxvi. 603 _sq._;
-_Eclectic Magazine_, xiii. 372.]
-
-[Footnote 103: Mozley, 'On War,' in _Sermons preached before the
-University of Oxford_, p. 119.]
-
-[Footnote 104: _Ibid._ p. 112.]
-
-[Footnote 105: _Ibid._ p. 100 _sqq._]
-
-[Footnote 106: _Ibid._ 104 _sq._]
-
-[Footnote 107: On the principle of progress, Canon Mozley himself
-justifies (_ibid._ p. 110 _sq._) not only the wars undertaken against
-two Eastern empires which have shut themselves up and excluded
-themselves from the society of mankind, but "two of the three great
-European wars of the last dozen years." This was said in 1871.]
-
-There have been, and still are, Christian sects which, on religious
-grounds, condemn war of any kind. In the fourteenth century the
-Lollards taught that homicide in war is expressly contrary to the New
-Testament; they were persecuted partly on that account.[108] Of the
-same opinion were the Anabaptists of the sixteenth century; and they
-could claim on their side the words of men like Colet and Erasmus.
-From the pulpit of St. Paul's Colet thundered that "an unjust peace is
-better than the justest war," and that, "when men out of hatred and
-ambition fight with and destroy one another, they fight under the
-banner, not of Christ, but of the Devil."[109] According to Erasmus
-"nothing is more impious, more calamitous, more widely pernicious,
-more inveterate, more base, or in sum more unworthy of a man, not to
-say of a Christian," than war. It is worse than brutal; to man no wild
-beast is more destructive than his fellow-man. When brutes fight, they
-fight with weapons which nature has given them, whereas we arm
-ourselves for mutual slaughter with weapons which nature never thought
-of. Neither do beasts break out {363} in hostile rage for trifling
-causes, but either when hunger drives them to madness, or when they
-find themselves attacked, or when they are alarmed for the safety of
-their young. But we, on frivolous pretences, what tragedies do we act
-on the theatre of war! Under colour of some obsolete and disputable
-claim to territory; in a childish passion for a mistress; for causes
-even more ridiculous than these, we kindle the flame of war.
-Transactions truly hellish, are called holy wars. Bishops and grave
-divines, decrepit as they are in person, fight from the pulpit the
-battles of the princes, promising remission of sins to all who will
-take part in the war of the prince, and exclaiming to the latter that
-God will fight for him, if he only keeps his mind favourable to the
-cause of religion. And yet, how could it ever enter into our hearts,
-that a Christian should imbrue his hands in the blood of a Christian!
-What is war but murder and theft committed by great numbers on great
-numbers! Does not the Gospel declare, in decisive words, that we must
-not revile again those who revile us, that we should do good to those
-who use us ill, that we should give up the whole of our possessions to
-those who take a part, that we should pray for those who design to
-take away our lives? The world has so many learned bishops, so many
-grey-headed grandees, so many councils and senates, why is not
-recourse had to their authority, and the childish quarrels of princes
-settled by their wise and decisive arbitration? "The man who engages
-in war by choice, that man, whoever he is, is a wicked man; he sins
-against nature, against God, against man, and is guilty of the most
-aggravated and complicated impiety."[110] These were the main arguments
-of reason, humanity, and religion, which Erasmus adduced against war.
-They could not leave the reformers entirely unaffected. Sir Thomas More
-charged Luther himself and his disciples with carrying the doctrines of
-peace to the extreme limits {364} of non-resistance.[111] But, as we
-have noticed, these peaceful tendencies only formed a passing phase in
-the history of Reformation, and were left to the care of sectarians.
-
-[Footnote 108: Perry, _History of the English Church_, First Period,
-pp. 455, 467.]
-
-[Footnote 109: Green, _History of the English People_, ii. 93.]
-
-[Footnote 110: Erasmus, _Adagia_, iv. 1, col. 893 _sqq._]
-
-[Footnote 111: Farrer, _Military Manners and Customs_, p. 185.]
-
-Among these the Quakers are the most important. By virtue of various
-passages in the Old and the New Testament,[112] they contend that all
-warfare, whatever be its peculiar features, circumstances, or
-pretexts, is wholly at variance with the Christian religion. It is
-always the duty of Christians to obey their Master's high and holy
-law--to suffer wrong, to return good for evil, to love their enemies.
-War is also inconsistent with the Christian principle that human life
-is sacred, and that death is followed by infinite consequences. Since
-man is destined for eternity, the future welfare of a single
-individual is of greater importance than the merely temporal
-prosperity of a whole nation. When cutting short the days of their
-neighbour and transmitting him, prepared or unprepared, to the awful
-realities of an everlasting state, Christians take upon themselves a
-most unwarrantable responsibility, unless such an action is expressly
-sanctioned by their divine Master, as was the case among the
-Israelites. In the New Testament there is no such sanction, hence it
-must be concluded that, under the Christian dispensation, it is
-utterly unlawful for one man to kill another, under whatever
-circumstances of expediency or provocation the deed may be committed.
-And a Christian who fights by the command of his prince, and in behalf
-of his country, not only commits sin in his own person, but aids and
-abets the national transgression.[113]
-
-[Footnote 112: _Isaiah_, ch. ii. _sqq._ _Micah_, iv. 1 _sqq._ _St.
-Matthew_, v. 38 _sqq._; xxvi. 52. _St. Luke_, vi. 27 _sqq._ _St.
-John_, xviii. 36. _Romans_, xii. 19 _sqq._ _1 Peter_, iii. 9.]
-
-[Footnote 113: Gurney, _Views & Practices of the Society of Friends_,
-p. 375 _sqq._]
-
-It must be added that views similar to these are also found
-independently of any particular form of sectarianism. According to Dr.
-Wayland, all wars, defensive as well as offensive, are contrary to the
-revealed will of God, aggression from a foreign nation calling not for
-retaliation and {365} injury, but rather for special kindness and
-good-will.[114] Theodore Parker, the Congregational minister, looks
-upon war as a sin, a corrupter of public morals, a practical denial of
-Christianity, a violation of God's eternal love.[115] W. Stokes, the
-Baptist, observes that Christianity cannot sanction war, whether
-offensive or defensive, because war is an "immeasurable evil, by
-hurling unnumbered myriads of our fellow-men to a premature judgment
-and endless despair."[116] Moreover, those who compare the state of
-opinion during the last years with that of former periods, cannot fail
-to observe a marked progress of a sentiment antagonistic to war in the
-various sections of the Christian Church.[117] Yet, speaking
-generally, the orthodox are still of the same opinion as Sir James
-Turner, who declared that "those who condemn the profession or art of
-soldiery, smell rank of Anabaptism and Quakery";[118] and war is in
-our days, as it was in those of Erasmus,[119] so much sanctioned by
-authority and custom, that it is deemed impious to bear testimony
-against it. The duties which compulsory military service imposes upon
-the male population of most Christian countries presuppose that a
-Christian should have no scruples about taking part in any war waged
-by the State, and are recognised as binding by the clergy of those
-countries. With reference to the Church of England, Dr. Thomas Arnold
-asks, "Did it become a Christian Church to make no other official
-declaration of its sentiments concerning war, than by saying that
-Christian men might lawfully engage in it?"[120]
-
-[Footnote 114: Wayland, _Elements of Moral Science_, pp. 375, 379.]
-
-[Footnote 115: Parker, _Sermon of War_, p. 23.]
-
-[Footnote 116: Stokes, _All War inconsistent with the Christian
-Religion_, p. 41.]
-
-[Footnote 117: _Cf._ Gibb, _loc. cit._ p. 81.]
-
-[Footnote 118: Turner, _Pallas Armata_, p. 369.]
-
-[Footnote 119: Erasmus, _op. cit._ iv. 1. 1. col. 894.]
-
-[Footnote 120: Arnold, _On the Church_, p. 136.]
-
-The protest against war which exercised perhaps the widest influence
-on public opinion came from a school of moralists whose tendencies
-were not only anti-orthodox, but distinctly hostile to the most
-essential dogmas of Christian theology. Bayle, in his Dictionary,
-calls Erasmus' essay {366} against war one of the most beautiful
-dissertations ever written.[121] He observes that the more we consider
-the inevitable consequences of war, the more we feel disposed to
-detest those who are the causes of it.[122] Its usual fruits may,
-indeed, "make those tremble who undertake or advise it, to prevent
-evils which, perhaps, may never happen and which, at the worst, would
-often be much less than those which necessarily follow a
-rupture."[123] To Voltaire war is an "infernal enterprise," the
-strangest feature of which is that "every chief of the ruffians has
-his colours consecrated, and solemnly prays to God before he goes to
-destroy his neighbour."[124] He asks what the Church has done to
-suppress this crime. Bourdaloue preached against impurity, but what
-sermon did he ever direct against the murder, rapine, brigandage, and
-universal rage, which desolate the world? "Miserable physicians of
-souls, you declaim for five quarters of an hour against the mere
-pricks of a pin, and say no word on the curse which tears us into a
-thousand pieces."[125] Voltaire admits that under certain
-circumstances war is an inevitable curse, but rebukes Montesquieu for
-saying that natural defence sometimes involves the necessity of
-attack, when a nation perceives that a longer peace would place
-another nation in a position to destroy it.[126] Such a war, he
-observes, is as illegitimate as possible:--" It is to go and kill your
-neighbour for fear that your neighbour, who does not attack you,
-should be in a condition to attack you; that is to say, you must run
-the risk of ruining your country, in the hope of ruining without
-reason some other country; this is, to be sure, neither fair nor
-useful."[127] The chief causes which induce men to massacre in all
-loyalty thousands of their brothers and to expose their own people to
-the most terrible misery, are the ambitions and {367} jealousies of
-princes and their ministers.[128] Similar views are expressed in the
-great Encyclopédie:--"La guerre est le plus terrible des fléaux qui
-détruisent l'espèce humaine: elle n'épargne pas même les vainqueurs;
-la plus heureuse est funeste. . . . Ce ne sont plus aujourd'hui les
-peuples qui déclarent la guerre, c'est la cupidité des rois qui leur
-fait prendre les armes; c'est l'indigence qui les met aux mains de
-leurs sujets."[129]
-
-[Footnote 121: Bayle, _Dictionnaire historique et critique_, vi. 239,
-art. Erasme.]
-
-[Footnote 122: _Ibid._ ii. 463, art. Artaxata.]
-
-[Footnote 123: _Ibid._ i. 472, art. Alting (Henri).]
-
-[Footnote 124: Voltaire, _Dictionnaire philosophique_, art. Guerre
-(_[OE]uvres complètes_, xl. 562).]
-
-[Footnote 125: _Ibid._ p. 564.]
-
-[Footnote 126: Montesquieu, _De l'esprit des lois_, x. 2 (_[OE]uvres
-complètes_, p. 256).]
-
-[Footnote 127: Voltaire, _loc. cit._ p. 565.]
-
-[Footnote 128: _Ibid._ pp. 466, 564. For Voltaire's condemnation of
-war, see Morley, _Voltaire_, p. 311 _sq._ I have availed myself of
-Lord Morley's translation of some of the passages quoted.]
-
-[Footnote 129: _Encyclopédie méthodique_, Art militaire, ii. 618 _sq._]
-
-However vehemently Voltaire and the Encyclopedists condemned war, they
-did not dream of a time when all wars would cease. Other writers were
-more optimistic. Already in 1713 Abbé Saint-Pierre--whose abbotship
-involved only a nominal connection with the Church--had published a
-project of perpetual peace, which was based on the idea of a general
-confederation of European nations.[130] This project was much laughed
-at; Voltaire himself calls its author "un homme moitié philosophe,
-moitié fou." But once called into being, the idea of a perpetual peace
-and of a European confederation did not die. It was successively
-conceived by Rousseau,[131] Bentham,[132] and Kant.[133] But on the
-other hand it met with a formidable enemy in the awakening spirit of
-nationalism.
-
-[Footnote 130: Saint-Pierre, _Projet de Traité pour rendre la paix
-perpétuelle entre les souverains Chrétiens_.]
-
-[Footnote 131: Rousseau, _Extrait du Projet de paix perpétuelle, de M.
-l'Abbé de Saint-Pierre_ (_[OE]uvres complètes_, i. 606 _sqq._).]
-
-[Footnote 132: Bentham, _A Plan for an universal and perpetual Peace_
-(_Works_, ii. 546 _sqq._).]
-
-[Footnote 133: Kant, _Zum ewigen Frieden._]
-
-The Napoleonic oppression called forth resistance. Philosophers and
-poets sounded the war trumpet. The dream of a universal monarchy was
-looked upon as absurd and hateful, and the individuality of a nation
-as the only possible security for its virtue.[134] War was no longer
-attributed to the pretended interests of princes or to the caprices of
-their advisers. It was praised as a vehicle of the highest right,[135]
-as a source or national renovation.[136] {368} By war, says Hegel,
-"finite pursuits are rendered unstable, and the ethical health of
-peoples is preserved. Just as the movement of the ocean prevents the
-corruption which would be the result of perpetual calm, so by war
-people escape the corruption which would be occasioned by a continuous
-or eternal peace."[137] Similar views have been expressed by later
-writers. War is glorified as a stimulus to the elevated virtues of
-courage, disinterestedness, and patriotism.[138] It has done more
-great things in the world than the love of man, says Nietzsche.[139]
-It is the mother of art and of all civil virtues, says Mr.
-Ruskin.[140] Others defend war, not as a positive good, but as a
-necessary means of deciding the most serious international
-controversies, denying that arbitration can be a substitute for all
-kinds of war. Questions which are intimately connected with national
-passions and national aspirations, and questions which are vital to a
-nation's safety, will never, they say, be left to arbitration. Each
-State must be the guardian of its own security, and cannot allow its
-independence to be calmly discussed and adjudicated upon by an
-external tribunal.[141] Moreover, arbitration would prove effective
-only where the contradictory pretensions could be juridically
-formulated, and these instances are by far the less numerous and the
-less important.[142] And would it not, in many cases, be impossible to
-find impartial arbiters? Would not arbitration often be influenced by
-a calculation of the forces which every power interested could bring
-into the field, and would not war be resorted to where arbitration
-failed to reconcile conflicting interests, or where a decision was
-opposed to a high-spirited people's sense of justice? These and
-similar arguments are constantly adduced against the idea of a
-perpetual peace. But at the same time the opponents of war are
-becoming more numerous {369} and more confident every day. Already
-after the fall of Napoleon, when there was a universal longing for
-peace in the civilised world, the first Peace Societies were
-formed;[143] and the idea of Saint-Pierre, from being the dream of a
-philosopher, has become the object of a popular movement which is
-rapidly increasing in importance. There is every reason to believe
-that, when the present high tide of nationalism has subsided, and the
-subject of war and peace is no longer looked upon from an exclusively
-national point of view, the objections which are now raised against
-arbitration will at last appear almost as futile as any arguments in
-favour of private war or blood-revenge. There is an inveterate
-tendency in the human mind to assume that existing conditions will
-remain unchanged. But the history of civilisation shows how unfounded
-any such assumption is with reference to those conditions which
-determine social relationships and the extent of moral rights and duties.
-
-[Footnote 134: Fichte, _Reden an die deutsche Nation_. _Cf._ _Idem_,
-_Ueber den Begriff des wahrhaften Krieges_.]
-
-[Footnote 135: Arndt, quoted by Jähns, _Krieg, Frieden und Kultur_,
-p. 302.]
-
-[Footnote 136: Anselm von Feuerbach, _Unterdrückung und
-Wiederbefreiung Europens_.]
-
-[Footnote 137: Hegel, _Grundlinien der Philosophie des Rechts_, § 324,
-p. 317 (English translation, p. 331).]
-
-[Footnote 138: See, _e.g._, Mabille, _La Guerre_, p. 139.]
-
-[Footnote 139: Nietzsche, _Also sprach Zarathustra_, i. 63.]
-
-[Footnote 140: Ruskin, _Crown of Wild Olive_, Lecture on War (_Works_,
-vi. 99, 105).]
-
-[Footnote 141: Lawrence, _op. cit._ p. 275 _sq._ Sidgwick, 'Morality
-of Strife,' in _International Journal of Ethics_, i. 13.]
-
-[Footnote 142: Geffken, quoted by Jähns, _op. cit._ p. 352, n. 2.]
-
-[Footnote 143: Jähns, _op. cit._ p. 307 _sq._]
-
-It is said that, though Christianity has not abolished war, it has
-nevertheless, even in war, asserted the principle that human life is
-sacred by prohibiting all needless destruction. The Canon, 'De treuga
-et pace,' laid down the rule that non-resisting persons should be
-spared;[144] and Franciscus a Victoria maintained not only that
-between Christian enemies those who made no resistance could not
-lawfully be slain,[145] but that even in war against the Turks it was
-wrong to kill children and women.[146] However, this doctrine of mercy
-was far in advance of the habits and general opinion of the time.[147]
-If the simple peasant was often spared, that was largely from motives
-of prudence,[148] or because the valiant knight considered him
-unworthy of the lance.[149] As late as the seventeenth century,
-Grotius was certainly not supported by the spirit of the age when he
-argued that, "if justice {370} do not require, at least mercy does,
-that we should not, except for weighty causes tending to the safety of
-many, undertake anything which may involve innocent persons in
-destruction";[150] or when he recommended enemies willing to surrender
-on fair conditions, or unconditionally, to be spared.[151] Afterwards,
-however, opinion changed rapidly. Pufendorf, in echoing the doctrine
-of Grotius,[152] spoke to a world which was already convinced; and in
-the eighteenth century Bynkershoek stands alone in giving to a
-belligerent unlimited rights of violence.[153] In reference to the
-assumption that this change of opinion is due to the influence of the
-Christian religion, it is instructive to note that Grotius, in support
-of his doctrine, appealed chiefly to pagan authorities, and that even
-savage peoples, without the aid of Christianity, have arrived at the
-rule which in war forbids the destruction of helpless persons and
-captives.
-
-[Footnote 144: Gregory IX. _Decretales_, i. 34. 2.]
-
-[Footnote 145: Franciscus a Victoria, _op. cit._ vi. 13, 35, 48; pp.
-232, 241, 246 _sq._]
-
-[Footnote 146: _Ibid._ vi. 36, p. 241.]
-
-[Footnote 147: Hall, _Treatise on International Law_, p. 395, n. 1.]
-
-[Footnote 148: d'Argentré, _L'histoire de Bretagne_, p. 391.]
-
-[Footnote 149: Mills, _op. cit._ p. 132.]
-
-[Footnote 150: Grotius, _op. cit._ iii. 11. 8.]
-
-[Footnote 151: _Ibid._ iii. 11. 14 _sqq._]
-
-[Footnote 152: Pufendorf, _De jure naturæ et gentium_, viii. 6. 8,
-p. 885.]
-
-[Footnote 153: van Bynkershoek, _Questiones juris publici_, i. 1, p.
-31: "Omnis enim vis in bello justa est." Hall, _Treatise on
-International Law_, p. 395, n. 1.]
-
-The prevailing attitude towards war indicates the survival, in modern
-civilisation, of the old feeling that the life of a foreigner is not
-equally sacred with the life of a countryman. In times of peace this
-feeling is usually suppressed; it appears in no existing law on
-homicide, nor does it, generally, find expression in public opinion.
-It dares to disclose itself only in the form of national
-aggressiveness, under the flag of patriotism, or, perhaps, in the
-treatment of the aborigines of some distant country. The behaviour of
-European colonists towards coloured races only too often reminds us of
-the manner in which savages treat members of a foreign tribe. It was
-said that the frontier peasants at the Cape found nothing morally
-wrong in the razzias which they undertook against the Bushmans,
-without any provocation whatsoever, though they would consider it a
-heinous sin to do the same to their Christian fellow-men.[154] In
-Australia {371} there are instances reported of young colonists
-employing the Sunday in shooting blacks for the sake of sport. "The
-life of a native," says Mr. Lumholtz, "has but little value,
-particularly in the northern part of Australia, and once or twice
-colonists offered to shoot blacks for me so that I might get their
-skulls. On the borders of civilisation men would think as little of
-shooting a black man as a dog. The law imposes death by hanging as the
-penalty for murdering a black man, but people live so far apart in
-these uncivilised regions that a white man may in fact do what he
-pleases with the blacks. . . . In the courts the blacks are
-defenceless, for their testimony is not accepted. The jury is not
-likely to declare a white man guilty of murdering a black man. On the
-other hand if a white man happens to be killed by the blacks, a cry is
-heard throughout the whole colony."[155]
-
-[Footnote 154: Waitz, _Introduction to Anthropology_, p. 314.]
-
-[Footnote 155: Lumholtz, _Among Cannibals_, p. 346 _sqq._ See also
-Mathew, in _Jour. & Proceed. Roy. Soc. N. S. Wales_, xxiii. 390;
-Breton, _Excursions in New South Wales_, p. 200 _sq._; Stokes,
-_Discoveries in Australia_, ii. 459 _sqq._]
-
-
-
-
-CHAPTER XVI
-
-HOMICIDE IN GENERAL (_concluded_)
-
-
-IN the last two chapters we have only been concerned with the
-statement of facts; we shall now make an attempt to explain those
-facts. What is the source of the moral commandment, "Thou shalt not
-kill"? And what is the cause of its original narrowness and of its
-subsequent extension?
-
-Mr. Spencer suggests that the taking of life was regarded as a wrong
-done to the family of the dead man or to the society of which he was a
-member, before it came to be conceived of as a wrong done to the
-murdered man himself.[1] But considering the mutual sympathy which
-prevails in small savage communities, it seems extremely probable that
-sympathetic resentment felt on account of the injury suffered by the
-victim has from the beginning been a potent cause of the condemnation
-of homicide. Savages, no less than civilised mankind, practically
-regard a man's life as his highest good. Whatever opinions may be held
-about the existence after death, whatever blessings may be supposed to
-await the disembodied soul, nobody likes to be hurried into that
-existence by another's will. According to early beliefs, the soul of a
-murdered man is furious with the person who slew him, and finds no
-rest until his death has been avenged.[2] His friends and comrades
-pity his fate and {373} feel resentment on his behalf; whereas, in a
-state of culture where sympathy is restricted to a narrow group of
-people, no such resentment will be felt if the victim is a member of
-another group. On the contrary, when he is regarded as an actual or
-potential enemy, or when the slaying of him is taken for a test of
-courage, the manslayer will be applauded by his own people, and his
-deed will be styled good or meritorious. In some cases superstition,
-also, is an encouragement to extra-tribal homicide. The Kukis believe
-that, in paradise, all the enemies whom a man has killed will be in
-attendance on him as slaves.[3] A similar belief partly lies at the
-bottom of the custom of head-hunting;[4] whilst, according to other
-notions, the soul of the man whose head is procured is transformed
-into a guardian spirit.[5] A Kayan chief said of the custom in
-question, "It brings us blessings, plentiful harvests, and keeps off
-sickness and pains; those who were once our enemies, hereby become our
-guardians, our friends, our benefactors."[6] Now, progress in
-civilisation is generally marked by an expansion of the altruistic
-sentiment; and this largely explains why the prohibition of homicide
-has come to embrace more and more comprehensive circles of men, and
-finally, in the most advanced cases, the whole human race.
-
-[Footnote 1: Spencer, _Principles of Ethics_, ii.]
-
-[Footnote 2: See _infra_, on Blood-revenge.]
-
-[Footnote 3: Dalton, _Descriptive Ethnology of Bengal_, p. 46.]
-
-[Footnote 4: Ling Roth, _Natives of Sarawak_, ii. 141.]
-
-[Footnote 5: Wilken, _Het animisme bij de volken van den Indischen
-Archipel_, p. 124.]
-
-[Footnote 6: Furness, _Home-Life of Borneo Head-Hunters_, p. 59.]
-
-But whilst homicide is censured as a wrong done to the person slain,
-it is at the same time viewed as an injury inflicted upon the
-survivors. It deprived his friends of his company, his family and
-community of a useful member. In Arabia, when a man was killed, his
-tribesmen, instead of mentioning his name, used to say, "Our blood has
-been spilt."[7] According to Lafitau, the loss of a single person
-seemed to the North American Indians a subject or great regret,
-because it weakened the family.[8] {374} Among the Basutos, again,
-murder is condemned "as a violation of the sacred rights of a father,
-who is deprived of the services of his son, or of a widow and orphans,
-who are left without support."[9] Especially when a person is
-considered more or less the property of another, the taking of his
-life is largely looked upon as an offence against the owner. Mr.
-Warner states of the Kafirs, "All homicide must . . . be atoned for;
-the principle assumed being, that the persons of individuals are the
-property of the Chief, and that having been deprived of the life of a
-subject, he must be compensated for it."[10] We meet with a somewhat
-similar notion in the history of English legislation. In his book on
-the Commonwealth of England, Thomas Smith observes, "Attempting to
-impoison a man, or laying a waite to kill a man, though hee wound him
-dangerously, yet if death follow not, it is no fellony by the law of
-England, for the Prince hath lost no man, and life ought to be giuen
-we say for life only."[11] In the Middle Ages homicide was conceived
-as a breach of the "King's peace"; and both before and afterwards it
-has been stigmatised as a disturbance of public tranquillity and an
-outrage on public safety. In the Anglo-Saxon _wer_ and _wite_ we find
-a clear distinction between the private and public aspects of
-homicide.[12]
-
-[Footnote 7: Robertson Smith, _Marriage and Kinship in Early Arabia_,
-p. 26.]
-
-[Footnote 8: Lafitau, _M[oe]urs des sauvages ameriquains_, ii. 163.]
-
-[Footnote 9: Casalis, _Basutos_, p. 224 _sq._]
-
-[Footnote 10: Warner, in Maclean, _Compendium of Kafir Laws_,
-p. 60 _sq._]
-
-[Footnote 11: Thomas Smith, _Common-wealth of England_, p. 194 _sq._]
-
-[Footnote 12: _Cf._ Pollock and Maitland, _History of English Law
-before the Time of Edward I._ i. 48.]
-
-A manslayer not only causes a loss to the group which he deprives of a
-member, but he also may give trouble to his own people, who, in
-consequence, disapprove of his act. Among the Yahgans of Tierra del
-Fuego, says Mr. Bridges, "many things conspire to make the shedding of
-blood a fearful thing. A murderer imperils all his friends and
-connections more or less, and consequently estranges them from
-himself. This state of things is the greatest safeguard to human life
-we can conceive."[13] Among the Káfirs of the Hindu-Kush, "the mere
-killing of an {375} individual is looked upon as a small affair,
-provided that he does not belong to the tribe, or to another near
-tribe with which it is at peace, for in the latter case it might
-result in war."[14]
-
-[Footnote 13: Bridges, in _South American Missionary Magazine_,
-xiii. 153.]
-
-[Footnote 14: Scott Robertson, _Káfirs of the Hindu-Kush_, p. 194.]
-
-We have still to notice the common idea that a manslayer is unclean.
-The ghost of the victim persecutes him, or actually cleaves to him
-like a miasma; and he must undergo rites of purification to get rid of
-the infection. Until this is done, he is among many peoples regarded
-as a source of danger, and is consequently cut off from free
-intercourse with his fellows.
-
-Among the Ponka Indians Mr. Dorsey found the belief that a murderer
-is surrounded by the ghosts, who keep up a constant whistling; that he
-can never satisfy his hunger, though he eat much food; and that he
-must not be allowed to roam at large lest high winds arise.[15] Of the
-warriors among certain North American Indians Adair wrote that, "as
-they reckon they are become impure by shedding human blood," they
-hasten to observe a fast of three days.[16] Among the Natchez,
-according to Charlevoix, "those who for the first time have made a
-prisoner or taken off a scalp, must, for a month, abstain from seeing
-their wives, and from eating flesh. They imagine, that if they should
-fail in this, the souls of those whom they have killed or burnt, would
-effect their death, or that the first wound they should receive would
-be mortal; or at least, that they should never gain any advantage over
-their enemies."[17] The Kafirs and Bechuanas practise various
-ceremonies of purification after their fights.[18] The Basutos say,
-"Human blood is heavy, it prevents him who has shed it from running
-away."[19] They consider it necessary that, on return from battle,
-"the warriors should rid themselves, as soon as possible, of the blood
-they have shed, or the shades of their victims would pursue them
-incessantly and disturb their slumbers"; hence they go in full armour
-to the nearest stream, and, as a rule, at the moment they enter the
-water a diviner, placed {376} higher up, throws some purifying
-substances into the current.[20] Among the Bantu Kavirondo, "when a
-man has killed an enemy in warfare he shaves his head on his return
-home, and his friends rub 'medicine' (generally the dung of goats)
-over his body to prevent the spirit of the deceased from worrying the
-man by whom he has been slain."[21] Among the Ja-luo, a warrior who
-has slain an enemy not only shaves his hair, but, after entering the
-village, prepares a big feast to propitiate the man he has killed so
-that his ghost may not give trouble.[22] Among the Wagogo of German
-East Africa, the father of a young warrior who has shed blood gives to
-his son a goat "to clean his sword."[23] After the slaughter of the
-Midianites, those Israelites who had killed any one, or touched the
-slain, had to remain outside the camp for seven days, purifying
-themselves and everything in their possession either by water, or
-fire, or both.[24] So, also, if a person had been slain in the land of
-Israel, and the perpetrator of the deed could not be detected, the
-elders of the city which was next unto the slain had to undergo a
-ceremony of purification in order to rid the city of "the guilt of
-innocent blood.[25] According to the Laws of Manu, a person who has
-unintentionally killed a Brâhmana shall make a hut in the forest and
-dwell in it during twelve years;[26] in order to remove the guilt he
-shall throw himself thrice headlong into a blazing fire,[27] or walk
-against the stream along the whole course of the river Sarasvatî,[28]
-or shave off all his hair.[29] The ancient Greeks believed that one
-who had suffered a violent end, when newly dead, was angry with the
-author of his death.[30] The blood-guilty individual, as though
-infected with a miasma, shunned all contact and conversation with
-other people, and avoided entering their dwellings.[31] Even the
-involuntary manslayer had to leave the country for some time;
-according to Plato's 'Laws,' he "must go out of the way of his victim
-for the entire period of a year, and not let himself be found in any
-spot which was familiar to him throughout the country."[32] {377} Nor
-must he return to his land until sacrifice had been offered and
-ceremonies of purification performed.[33]
-
-[Footnote 15: Dorsey, 'Siouan Cults,' in _Ann. Rep. Bur. Ethn._ xi. 420.]
-
-[Footnote 16: Adair, _History of the American Indians_, p. 388.]
-
-[Footnote 17: Charlevoix, _Voyage to North America_, ii. 203.]
-
-[Footnote 18: Arbousset and Daumas, _Exploratory Tour to the Colony of
-the Cape of Good Hope_, p. 394 _sqq._ Alberti, _De Kaffers aan de
-Zuidkust van Afrika_, p. 104.]
-
-[Footnote 19: Casalis, _op. cit._ p. 309.]
-
-[Footnote 20: _Ibid._ p. 258.]
-
-[Footnote 21: Johnston, _Uganda Protectorate_, ii. 743 _sq._]
-
-[Footnote 22: _Ibid._ ii. 794.]
-
-[Footnote 23: Cole, 'Notes on the Wagogo of German East Africa,' in
-_Jour. Anthr. Inst._ xxxii. 321.]
-
-[Footnote 24: _Numbers_, xxxi. 19 _sqq._]
-
-[Footnote 25: _Deuteronomy_, xxi. 1 _sq._]
-
-[Footnote 26: _Laws of Manu_, xi. 73.]
-
-[Footnote 27: _Ibid._ xi. 74.]
-
-[Footnote 28: _Ibid._ xi. 78.]
-
-[Footnote 29: _Ibid._ xi. 79.]
-
-[Footnote 30: Plato, _Leges_, ix. 865.]
-
-[Footnote 31: Müller, _Dissertations on the Eumenides of Æschylus_, p.
-103. Aeschylus says (Eumenides, 448 _sqq._) it is the custom that a
-murderer should not speak anything until he has been sprinkled with
-the spurted blood of a slain sucking-pig. _Cf._ Apollonius Rhodius,
-_Argonautica_, iv. 700 _sqq._; Aristotle, _De republica Atheniensium_,
-57.]
-
-[Footnote 32: Plato, _Leges_, ix. 865.]
-
-[Footnote 33: Demosthenes, _Contra Aristocratem_, 71 _sqq._, p. 643
-_sq._ Müller, _Dissertations_, p. 106 _sq._ Frazer, _Golden Bough_, i.
-341. On the uncleanness of manslayers see also Tylor, _Primitive
-Culture_, ii. 433 _sq._; Frazer, _op. cit._ i. 331 _sqq._]
-
-The state of uncleanness incurred by the shedding of human blood does
-not intrinsically involve moral guilt. As appears from many of the
-instances just referred to, it results not only from the murder of a
-tribesman, but from so meritorious a deed as the slaying of a foe. In
-Nukahiva, for instance, a man who has killed the highest person, or
-one of the highest, among the enemy, is tabooed for ten days, during
-which he is not allowed to hold intercourse with his wife nor to
-meddle with fire; but, at the same time, he is treated with
-distinction, and presents of pigs are brought to him.[34] On the other
-hand, there can be no doubt that in various cases the polluting effect
-attributed to manslaughter has exercised some influence upon the moral
-judgment of the act. Whenever the commission of an act of homicide has
-any tendency at all to call forth moral blame, the disapproval of the
-deed will easily be enhanced by the spiritual danger attending on it,
-as also by the inconvenient restrictions laid on the tabooed manslayer
-and the ceremonies of purification to which he is subject. The
-deprivations which he has to undergo come to be looked upon in the
-light of a punishment, and the rights of cleansing as a means of
-removing guilt. The taboo rules which, among the Omahas, a murderer
-whose life was spared had to observe for a period varying from two to
-four years are spoken of by Mr. Dorsey as his "punishment," and this
-seems also partly to have been the native point of view. The murderer
-sometimes wandered at night, crying, and lamenting his offence, until,
-at the end of the designated period, the kindred of his victim heard
-his crying, and said:--"It is enough. Begone, and walk among the
-crowd. {378} Put on moccasins and wear a good robe."[35] Moreover, the
-notion of a persecuting ghost may be replaced by the notion of an
-avenging god. Confusions are common in the world of mystery; doings or
-functions attributed to one being are afterwards transferred to
-another--this is a rule of which many important examples will be given
-in following chapters. The Jbâla of Northern Morocco do not nowadays
-believe in ghosts, yet they regard a person who has shed human blood
-to be in some degree unclean for the rest of his life. Poison oozes
-out from underneath his nails; hence anybody who drinks the water in
-which he has washed his hands will fall dangerously ill. The meat of
-an animal which he has killed is difficult to digest, and so is any
-food eaten in his company. If he comes to a place where people are
-digging a well, the water will at once run away. He is said to be
-_mejnûn_, haunted by _jnûn_ (_jinn_), a race of beings entirely
-distinct from men, living or dead. The Greenlanders believed that an
-abortion or a child born under concealment was transformed into an
-evil spirit called _ángiaq_, for the purpose of avenging the
-crime.[36] In Eastern Central Africa, "after killing a slave, the
-master is afraid of _Chilope_. This means that he will become
-emaciated, lose his eye-sight, and ultimately die a miserable death.
-He therefore goes to his chief and gives him a certain fee (in cloth,
-or slaves, or such legal tenders), and says, 'Get me a charm
-(_luasi_), because I have slain a man.' When he has used this charm,
-which may be either drunk or administered in a bath, the danger passes
-away."[37] Among the Omahas the ghost of the murdered man was not lost
-sight of; the murderer "was obliged to pitch his tent about a quarter
-of a mile from the rest of the tribe when they were going on the hunt
-lest the ghost of his victim should raise a high wind, which might
-cause damage." But at the same time his deed was considered offensive
-to {379} Wakanda; no one wished to eat with him, for they said, "If we
-eat with whom Wakanda hates, for his crime, Wakanda will hate us."[38]
-In the Chinese books there are numerous instances of persons haunted
-by the souls of their victims on their death-bed, and in most of these
-cases the ghosts state expressly that they are avenging themselves
-with the special authorisation of Heaven.[39] The Greek belief in the
-Erinys of a murdered man no doubt originated in the earlier notion of
-a persecuting ghost, whose anger or curses in later times were
-personified as an independent spirit.[40] And the transformation went
-further still: the Erinyes were represented as the ministers of Zeus,
-who by punishing the murderer carried out his divine will. Zeus was
-considered the originator of the rites of purification; when visited
-with madness by the Erinyes, Ixion appealed to Zeus Hikesios, and at
-the altar of Zeus Meilichios Theseus underwent purification for the
-shedding of kindred blood.[41] Originally, as it seems, only the
-murder of a kinsman was an offence against Zeus and under the ban of
-the Erinyes, but later on their sphere of action was expanded, and all
-bloodshed, if the victim had any rights at all within the city, became
-a sin which needed purification.[42] Uncleanness was thus transformed
-into spiritual impurity. When the pollution with which a manslayer is
-tainted is regarded as merely the work of a ghost or of some
-spirit-substitute who, like the Moorish _jnûn_, has nothing to do with
-the administration of justice, it may be devoid of all moral
-significance in spite of the dread it inspires; but the case is
-different when it comes to be conceived of as a divine punishment, or
-as a sin-pollution in the eyes of the supreme god. Such a
-transformation of ideas could hardly take place {380} unless the act,
-considered polluting, were by itself apt to evoke moral disapproval.
-But it is obvious that the gravity of the offence is increased by the
-religious aspect it assumes.
-
-[Footnote 34: von Langsdorf, _Voyages and Travels_, i. 133.]
-
-[Footnote 35: Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur. Ethn._
-iii. 369.]
-
-[Footnote 36: Rink, _Tales and Traditions of the Eskimo_, pp. 45,
-439 _sq._]
-
-[Footnote 37: Macdonald, _Africana_, i. 168.]
-
-[Footnote 38: Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur. Ethn._
-iii. 369.]
-
-[Footnote 39: de Groot, _Religious System of China_, (vol. iv. book)
-ii. 441.]
-
-[Footnote 40: See Müller, _Dissertations_, p. 155 _sqq._; Rohde,
-_Psyche_, p. 247; _Idem_, 'Paralipomena,' in _Rheinisches Museum für
-Philologie_, 1895, p. 6 _sqq._]
-
-[Footnote 41: Farnell, _Cults of the Greek States_, i. 66 _sqq._
-Rohde, _Psyche_, p. 249. _Idem_, in _Rheinisches Museum_, 1895, p. 18.
-Stengel, _Die griechischen Kultusaltertümer_, p. 140.]
-
-[Footnote 42: Farnell, _op. cit._ i. 68, 71. Rohde, _Psyche_, p. 247.]
-
-In yet another way the defiling effect attributed to the taking of
-human life has had an influence on religious and moral ideas. Such
-defilement is shunned not only by men, but, in a still higher degree,
-by gods. The shedding of human blood is commonly prohibited in sacred
-places. "In almost every Indian nation," says Adair, "there are
-several peaceable towns, which are called 'old-beloved,' 'ancient,
-holy, or white towns'; they seem to have been formerly 'towns of
-refuge,' for it is not in the memory of their oldest people, that ever
-human blood was shed in them; although they often force persons from
-thence, and put them to death elsewhere."[43] The Aricaras of the
-Missouri, according to Bradbury, have in the centre of the largest
-village a sacred lodge called the "medicine lodge," which, "in one
-particular corresponds with the sanctuary of the Jews, as no blood is
-on any account whatsoever to be spilled within it, not even that of an
-enemy."[44] At Athens the prosecution for homicide began with
-debarring the criminal from all sanctuaries and assemblies consecrated
-by religious observances.[45] According to Greek ideas, purification
-was an essential preliminary to an acceptable sacrifice.[46] Hector
-said, "I shrink from offering a libation of gleaming wine to Zeus with
-hands unwashed; nor can it be in any way wise that one should pray to
-the son of Kronos, god of the storm-cloud, all defiled with blood
-{381} and filth."[47] In many parts of Morocco, a man who has slain
-another person is never afterwards allowed to kill the sacrificial
-sheep at the "Great Feast."[48] When David had in his heart to build a
-temple, God said to him, "Thou shalt not build a house for my name,
-because thou hast been a man of war, and **hast shed blood."[49] A
-decree of the penitential discipline of the Christian Church, which
-was enforced even against emperors and generals, forbade anyone whose
-hands had been imbrued in blood to approach the altar without a
-preparatory period of penance.[50]
-
-[Footnote 43: Adair, _History of the American Indians_, p. 159.]
-
-[Footnote 44: Bradbury, _Travels in the Interior of America_, p. 165
-_sq._ Our informer adds, "Nor is any one, having taken refuge there,
-to be forced from it"; but with facts of this kind we are not
-concerned at present. They belong to the right of sanctuary, in the
-strict sense of the term, and, as will be seen, this right is based on
-a different principle, which prevents even the polluted manslayer,
-tainted with newly shed blood, from being dragged out of the sanctuary
-to which he has fled in the capacity of a suppliant.]
-
-[Footnote 45: Aristotle, _De republica Atheniensium_, 57. Müller,
-_Dissertations_, p. 103.]
-
-[Footnote 46: Donaldson, 'Expiatory and Substitutionary Sacrifices of
-the Greeks,' in _Transactions Roy. Soc. Edinburgh_, xxvii. 433.
-Farnell, _op. cit._ i. 72.]
-
-[Footnote 47: _Iliad_, vi. 266 _sqq._ _Cf._ Vergil, _Æneis_,
-ii. 717 _sqq._]
-
-[Footnote 48: I found this custom prevalent both among Arab and Berber
-tribes in different parts of the country; see my article, "The Popular
-Ritual of the Great Feast in Morocco," in _Folk-Lore_, xxii. 144.]
-
-[Footnote 49: _1 Chronicles_, xxviii. 2 _sq._]
-
-[Footnote 50: Lecky, _History of European Morals_, ii. 39.]
-
-Whilst, from fear of contaminating anything holy, casual restrictions
-have thus been imposed on all kinds of manslayers, whether murderers
-or those who have killed an enemy in righteous warfare, more stringent
-rules have been laid down for persons permanently connected with the
-religious cult. Adair states that the "holy men" of the North American
-Indians, like the Jewish priests, were by their function absolutely
-forbidden to shed human blood, "notwithstanding their propensity
-thereto, even for small injuries."[51] Herodotus says of the Persian
-Magi that they "kill animals of all kinds with their own hands,
-excepting dogs and men."[52] The Druids of Gaul never went to war,[53]
-probably in order to keep themselves free from blood-pollution;[54] it
-is true, they sacrificed human victims to their gods, but those they
-burnt.[55] To the same class of facts belong those decrees of the
-Christian Church which forbade clergymen taking part in a battle.
-Moreover, if a Christian priest passed a sentence of death {382} he
-was punished with degradation and imprisonment for life;[56] nor was
-he allowed to write or dictate anything with a view to bringing about
-such a sentence.[57] He must not perform a surgical operation by help
-of fire or iron.[58] And if he killed a robber in order to save his
-life, he had to do penance till his death.[59] The hands which had to
-distribute the blood of the Lamb of God were not to be polluted with
-the blood of those for whose salvation it was shed.[60]
-
-[Footnote 51: Adair, _op. cit._ p. 152.]
-
-[Footnote 52: Herodotus, i. 40. The Shluh of Southern Morocco and some
-other Berber tribes, in the central parts of the same country,
-consider that not only homicide, but the killing of a dog for ever
-after prevents a person from performing sacrifice at the "Great
-Feast"; see _Folk-Lore_, xxii, 144.]
-
-[Footnote 53: Cæsar, _De bello gallico_, vi. 14.]
-
-[Footnote 54: d'Arbois de Jubainville, _Civilisation des Celtes_,
-p. 254.]
-
-[Footnote 55: Cæsar, _De bello gallico_, vi. 16.]
-
-[Footnote 56: Gratian, _Decretum_, ii. 23. 8. 30.]
-
-[Footnote 57: _Concilium Lateranense IV._, A.D. 1215, ch. 18
-(Labbe-Mansi, _Sacrorum Conciliorum collectio_, xxii. 1007).]
-
-[Footnote 58: _Concilium Lateranense IV._, A.D. 1215, ch. 18
-(Labbe-Mansi, _op. cit._ xxii. 1007).]
-
-[Footnote 59: Thomassin, _Dictionnaire de discipline ecclésiastique_,
-ii. 1074.]
-
-[Footnote 60: _Ibid._ ii. 1069.]
-
-It cannot be doubted that this horror of blood-pollution had a share
-in that regard for human life which from the beginning, and especially
-in early times, was a characteristic of Christianity. But in other
-respects also, Christian feelings and beliefs had an inherent tendency
-to evoke such a sentiment. The cosmopolitan spirit of the Christian
-religion could not allow, in theory at least, that the life of a man
-was less sacred because he was a foreigner. The extraordinary
-importance it attached to this earthly life as a preparation for a
-life to come naturally increased the guilt of any one who, by cutting
-it short, not only killed the body, but probably to all eternity
-injured the soul.[61] In a still higher degree than most other crimes,
-homicide was regarded as an offence against God, because man had been
-made in His image.[62] Gratian says that even the slayer of a Jew or a
-heathen has to undergo a severe penance, "quia imaginem Dei et spem
-futuræ conversionis exterminat."[63]
-
-[Footnote 61: _Concilium Lugdumense I._, A.D. 1245, Additio, de
-Homicidio (Labbe-Mansi, _op. cit._ xxiii. 670).]
-
-[Footnote 62: von Eicken, _Geschichte und System der Mittelalterlichen
-Weltanschauung_, p. 568.]
-
-[Footnote 63: Gratian, _Decretum_, i. 50. 40.]
-
-
-
-
-CHAPTER XVII
-
-THE KILLING OF PARENTS, SICK PERSONS, CHILDREN--FETICIDE
-
-
-WE have found that among mankind at large there is a moral rule which
-forbids people to kill members of their own society. We shall now see
-that the stringency of this rule is subject to variations, depending
-on the special relationship in which persons stand to one another or
-on their social _status_, and that there are cases to which it does
-not apply at all.
-
-Owing to the regard which children are expected to feel for their
-parents, parricide is considered the most aggravated form of murder.
-Nowhere have parents been more venerated by their children than among
-the nations of archaic culture, and nowhere has parricide been
-regarded with greater horror. In China it is punished with the most
-ignominious of all capital punishments, the so-called "cutting into
-small pieces"; and in some instances, when the crime has occurred in a
-district, in addition to all punishments inflicted on persons, the
-wall of the city where the deed was committed is pulled down in parts,
-or modified in shape, a round corner is substituted for a square one,
-or a gate removed to a new situation, or even closed up altogether.[1]
-In Corea the parricide is burned to death.[2] {384} Among the ancient
-Egyptians, we are told, he was sentenced to be lacerated with
-sharpened reeds, and after being thrown on thorns he was burned.[3] In
-Exodus we read of the "smiting" of parents, but parricide is not
-expressly mentioned, perhaps because the Hebrew legislator, like Solon
-at Athens,[4] did not think it possible that any one could be guilty
-of so unnatural a barbarity.[5] Herodotus states that the same notion
-was held by the ancient Persians, who said that no one ever yet killed
-his own father or mother, and that all cases of so-called parricide if
-carefully examined, would be found to have been committed by
-supposititious children or those born in adultery, it being beyond the
-bounds of probability that a true father should be murdered by his own
-son.[6] Plato says in his 'Laws':--"If a man could be slain more than
-once, most justly would he who in a fit of passion has slain father or
-mother undergo many deaths. How can he whom, alone of all men, even in
-defence of his life, and when about to suffer death at the hands of
-his parents, no law will allow to kill his father or his mother who
-are the authors of his being, and whom the legislator will command to
-endure any extremity rather than do this--how can he, I say, lawfully
-receive any other punishment?"[7] At Athens parricides were the only
-persons accused of murder who were not allowed the chance of escaping
-before sentence was passed, but were instantly arrested.[8] According
-to Roman Law, a committer of _parricidium_ was not subjected to any of
-the regular modes of capital punishment, but for "the most execrable
-of crimes" was provided "the most strange of punishments." The
-criminal was sewn up in a leathern sack with a cur, a cock, a viper,
-and an ape, and, when cooped up in this fearful prison, was hurled
-into the sea, or into {385} some neighbouring river.[9] But by the
-term _parricidium_ was not understood the murder of a parent only.
-According to the 'Lex Pompeia de parricidiis,' it included the murder
-of any of the following persons: an ascendant or descendant in any
-degree,[10] a brother or sister, an uncle or aunt, a cousin, a husband
-or wife, a bridegroom or bride, a father- or mother-in-law, a son- or
-daughter-in-law, a step-parent or step-child, a patron; and Mommsen
-suggests that in earlier times it had a still wider significance,
-being applied to intentional homicide in general.[11] But whilst the
-punishment just referred to was in other cases of _parricidium_
-replaced by banishment, it was, during the Empire at least, actually
-inflicted upon him who murdered an ascendant.[12]
-
-[Footnote 1: Doolittle, _Social Life of the Chinese_, i. 338 _sq._
-Smith, _Chinese Characteristics_, p. 229.]
-
-[Footnote 2: Griffis, _Corea_, p. 236.]
-
-[Footnote 3: Diodorus Siculus, _Bibliotheca historica_, i. 77. 8.]
-
-[Footnote 4: Diogenes Laërtius, _Solon_, 10. Cicero, _Pro S. Roscio
-Amerino_, 25. Orosius, _Historiæ_, v. 16.]
-
-[Footnote 5: _Exodus_, xxi. 15. _Cf._ Keil, _Manual of Biblical
-Archæology_, ii. 376.]
-
-[Footnote 6: Herodotus, i. 137.]
-
-[Footnote 7: Plato, _Leges_, ix. 869. _Cf._ _ibid._ ix. 873.]
-
-[Footnote 8: Müller, _Dissertations on the Eumenides of Æschylus_, p.
-91. _Cf._ Euripides, _Orestes_, 442 _sqq._]
-
-[Footnote 9: _Institutiones_, iv. 18. 6.]
-
-[Footnote 10: Unless the descendant was in the _potestas_ of him who
-committed the deed.]
-
-[Footnote 11: Mommsen, _Römisches Strafrecht_, pp. 644, 645, 612 _sq._]
-
-[Footnote 12: _Ibid._ p. 645 _sq._]
-
-Whilst Christianity generally increased the sanctity of human life, it
-could add nothing to the horror with which parricide was regarded by
-the ancients. The Church punished it more severely than ordinary
-murder,[13] and so did, at least in Latin countries, the secular
-authorities.[14] In France, even to this day, a person convicted of
-parricide is "conduit sur le lieu de l'exécution en chemise, nu-pieds,
-et la tête couverte d'un voile noir";[15] and whilst _meurtre_ is
-excusable if provoked by grave personal violence or by an attempt to
-break into a dwelling-house by day, parricide is never excusable under
-any circumstances.[16]
-
-[Footnote 13: Gregory III., _Judicia congrua p[oe]nitentibus_, ch. 3
-(Labbe-Mansi, _Conciliorum collectio_, xii. 289). _P[oe]nitentiale
-Bigotianum_, iv. 1 (Wasserschleben, _Bussordnungen der abendländischen
-Kirche_, p. 453). _P[oe]nitent. Pseudo-Theodori_, xxi. 18 (_ibid._
-p. 588).]
-
-[Footnote 14: Chauveau and Hélie, _Théorie du Code Pénal_, iii. 394
-(France). Salvioli, _Manuale di storia del diritto italiano_, p. 570.
-In Scotland, also, parricide formerly had a place in the list of
-aggravated murders (Hume, _Commentaries on the Law of Scotland_, i.
-459 _sq._; for a sentence passed in 1688, see Pitcairn, _Criminal
-Trials in Scotland_, iii. 198); though nowadays it is penalised in the
-same way as other forms of murder (Erskine, _Principles of the Law of
-Scotland_, p. 559). There never was any special punishment for
-parricide in English law (Blackstone, _Commentaries on the Laws of
-England_, iv. 202. Stephen, _History of the Criminal Law of England_,
-iii. 95).]
-
-[Footnote 15: _Code Pénal_, art. 13.]
-
-[Footnote 16: _Ibid._ art. 321 _sqq._]
-
-{386} As regards the feelings with which ordinary parricide is looked
-upon by uncivilised peoples, direct information is almost entirely
-wanting. It is rarely mentioned at all, no doubt because it is very
-unusual.[17] Among the Kafirs of Natal, though murder is generally
-punished by a fine, death is inflicted on him who kills a parent.[18]
-Among the Ossetes a parricide draws upon himself a fearful punishment:
-he is shut up in his house with all his possessions, surrounded by the
-populace and burned alive.[19] To judge from the respect which, among
-the majority of uncivilised peoples, children are considered to owe to
-their parents, it seems very probable that the murder of a father or a
-mother is generally condemned by them as a particularly detestable
-form of homicide. But to this rule there is an important exception.
-According to a custom prevalent among various savages or barbarians, a
-parent who is worn out with age or disease is abandoned or killed.
-
-[Footnote 17: Among the Omahas there have been a few cases of
-parricide caused by drunkenness (Dorsey, 'Omaha Sociology,' in _Ann.
-Rep. Bur. Ethn._ iii. 369). A Chukchi killed his father for charging
-him with cowardice and awkwardness (Sarytschew, 'Voyage of Discovery,'
-in _Collection of Modern and Contemporary Voyages_, vi. 51). In Lánda
-"it is no uncommon thing for a son to murder his father in order to
-step into his shoes" (_Emin Pasha in Central Africa_, p. 230). See
-also Wilson and Felkin, _Uganda_, i. 224.]
-
-[Footnote 18: Shooter, _Kafirs of Natal_, p. 103.]
-
-[Footnote 19: von Haxthausen, _Transcaucasia_, p. 415.]
-
-Hearne states that, among the Northern Indians, one half at least of
-the aged persons of both sexes, when no longer capable of walking, are
-left alone to starve and perish of want.[20] Among the Californian
-Gallinomero, when the father can no longer feebly creep to the forest
-to gather his back-load of fuel or a basket of acorns, and is only a
-burden to his sons, "the poor old wretch is not infrequently thrown
-down on his back and securely held while a stick is placed across his
-throat, and two of them seat themselves on the ends of it until he
-ceases to breathe."[21] The custom of killing or abandoning old
-parents has been noticed among several other North {387} American
-tribes,[22] the natives of Brazil,[23] various South Sea
-Islanders,[24] a few Australian tribes,[25] and some peoples in
-Africa[26] and Asia.[27] According to ancient writers, it occurred
-formerly among many Asiatic[28] and European nations, including the
-Vedic people[29] and peoples of Teutonic extraction.[30] As late as
-the fifth or sixth century it was the custom among the Heruli for
-relatives to kindle a funeral pile for their old folks, although a
-stranger was employed to give the death wound.[31] And there is an old
-English tradition of "the Holy Mawle, which they fancy hung behind the
-church door, which when the father was seaventie, the sonne might
-fetch to knock his father in the head, as effete and of no more
-use."[32]
-
-[Footnote 20: Hearne, _Journey to the Northern Ocean_, p. 346.]
-
-[Footnote 21: Powers, _Tribes of California_, p. 178.]
-
-[Footnote 22: Nansen, _First Crossing of Greenland_, ii. 331 (natives
-on the east coast of Greenland). Seemann, _Voyage of "Herald,"_ ii. 66
-(Eastern Eskimo). Catlin, _North American Indians_, i. 217. Lafitau,
-_M[oe]urs des sauvages ameriquains_, i. 488 _sq._ Domenech, _Seven
-Years' Residence in the Great Deserts of North America_, ii. 325
-(north-western tribes). Lewis and Clarke, _Travels to the Source of
-the Missouri River_, p. 442 (Dacotahs, Assiniboins, the hunting tribes
-on the Missouri).]
-
-[Footnote 23: von Martius, _Beiträge zur Ethnographie Amerika's_, i.
-126, 127, 393. von Eschwege, _Brasilien_, i. 231 _sq._ (Uerequenás).
-Among the Fuegians the practice in question seems to occur only
-accidentally (Bridges, in _A Voice for South America_, xiii. 206).]
-
-[Footnote 24: Codrington, _Melanesians_, p. 347. Romilly, _Western
-Pacific_, p. 70 (Solomon Islanders). Brainne, _Nouvelle-Calédonie_, p.
-255. Turner, _Samoa_, p. 335 _sq._ (Efatese). Seemann, _Viti_, p. 192
-_sq._ Williams and Calvert, _Fiji_, pp. 116, 157 _sq._ Angas,
-_Polynesia_, p. 342 (natives of Kunaie).]
-
-[Footnote 25: Eyre, _Central Australia_, ii. 382. Dawson, _Australian
-Aborigines_, p. 62 (tribes in Western Victoria).]
-
-[Footnote 26: Arnot, _Garenganze_, p. 78 n. Andersson, _Lake Ngami_,
-p. 197 _sq._ (Damaras). Kolben, _Present Stale of the Cape of Good
-Hope_, i. 322, 334; Hahn, _The Supreme Being of the Khoi-Khoi_, p. 86
-(Hottentots). Lepsius, _Letters from Egypt_, p. 202 _sq._ (Negro
-tribes to the south of Kordofan). Post, _Afrikanische Jurisprudenz_,
-i. 298 _sq._ Sartori, 'Die Sitte der Alten- und Krankentötung,' in
-_Globus_, lxvii. 108.]
-
-[Footnote 27: Hooper, _Ten Months among the Tents of the Tuski_, p.
-188 _sq._; Dall, _Alaska_, p. 383 _sqq._ (Chukchi). Rockhill, _Land of
-the Lamas_, p. 81 (Kokonor Tibetans).]
-
-[Footnote 28: Herodotus, i. 216 (Massagetae). Strabo, xi. 8. 6
-(Massagetae); xi. 11. 3 (Bactrians); xi. 11. 8 (Caspians).]
-
-[Footnote 29: Zimmer, _Altindisches Leben_, p. 328.]
-
-[Footnote 30: Grimm, _Deutsche Rechtsalterthümer_, p. 486 _sqq._]
-
-[Footnote 31: Procopius, _De bello gothico_, ii. 14. _Cf._ Grimm,
-_Kleinere Schriften_, ii. 241.]
-
-[Footnote 32: Thoms, _Anecdotes and Traditions_, p. 84.]
-
-However cruel this custom may appear to be, something is certainly to
-be said in its favour. It is particularly common among nomadic hunting
-tribes, owing to the hardships of life and the inability of decrepit
-persons to keep up in the march. Mr. Morgan observes that, whilst
-{388} "among the roving tribes of the wilderness the old and helpless
-were frequently abandoned and, in some cases, hurried out of existence
-as an act of greater kindness than desertion," this practice was
-unknown among the Iroquois, who "resided in permanent villages, which
-afforded a refuge for the aged."[33] With reference to certain tribes
-of Western Victoria, Mr. Dawson remarks that the old people are a
-burden to the tribe, and, should any sudden attack be made by an
-enemy, the most liable to be captured, in which case they would
-probably be tortured and put to a lingering death.[34] Moreover, in
-times when the food-supply is insufficient to support all the members
-of a community, it is more reasonable that the old and useless should
-have to perish than the young and vigorous. Hahn was told that, among
-the Hottentots, aged parents were sometimes abandoned by very poor
-people who had not food enough to support them.[35] And among peoples
-who have reached a certain degree of wealth and comfort, the practice
-of killing the old folks, though no longer justified by necessity, may
-still go on, partly through survival of a custom inherited from harder
-times, partly from the humane intent of putting an end to lingering
-misery.[36] What appears to most of us as an atrocious practice may
-really be an act of kindness, and is commonly approved of, or even
-insisted upon, by the old people themselves. Speaking of the ancient
-Hottentot custom of famishing super-annuated parents in order to cause
-their death, Kolben remarks:--"If you represent to the Hottentots, as
-I have done very often, the inhumanity of this custom, they are
-astonished at the representation, as proceeding, in their opinion,
-from an inhumanity of your own. The custom, in their way of thinking,
-is supported by very pious and very filial considerations. 'Is it not
-a cruelty.' they ask you, 'to suffer either man or woman to languish
-any considerable {389} time under a heavy, motionless old age? Can you
-see a parent or a relative shaking and freezing under a cold, dreary,
-heavy, useless old age, and not think, in pity to them, of putting an
-end to their misery by putting, which is the only means, an end to
-their days?'"[37] When Mr. Hooper, hearing of an old Chukchi woman who
-was stabbed by her son, made some remarks on the frightful nature of
-the act, his native companions answered him:--"Why should not the old
-woman die? Aged and feeble, weary of life, and a burden to herself and
-others, she no longer desired to cumber the earth, and claimed of him
-who owned nearest relationship the friendly stroke which should let
-out her scanty remnant of existence."[38] Catlin tells us that, among
-the North American tribes who roamed about the prairies, the infirm
-old people themselves uniformly insisted upon being left behind,
-saying, "that they are old and of no further use--that they left their
-fathers in the same manner--that they wish to die, and their children
-must not mourn for them."[39] In Melanesia, says Dr. Codrington, when
-sick and aged people were buried alive, it is certain that "there was
-generally a kindness intended"; they used themselves to beg their
-friends to put them out of their misery, and it was even considered a
-disgrace to the family of an aged chief if he was not buried
-alive.[40] In Fiji, also, it was regarded as a sign of filial
-affection to put an aged parent to death. In his description of the
-Fijians Dr. Seemann observes, "In a country where food is abundant,
-clothing scarcely required, and property as a general rule in the
-possession of the whole family rather than that of its head, children
-need not wait for 'dead men's shoes' in order to become well off, and
-we may, therefore, quite believe them when declaring that it is with
-aching heart and at the repeated entreaties of their parents that they
-are induced to commit {390} what we justly consider a crime."[41] The
-ceremony is not without a touch of tragic grandeur:--"The son will
-kiss and weep over his aged father as he prepares him for the grave,
-and will exchange loving farewells with him as he heaps the earth
-lightly over him."[42] One reason why the old Fijian so eagerly
-desired to escape extreme infirmity was perhaps "the contempt which
-attaches to physical weakness among a nation of warriors, and the
-wrongs and insults which await those who are no longer able to protect
-themselves"; but another, and as it seems more potent, motive was the
-belief that persons enter upon the delights of the future life with
-the same faculties, mental and physical, as they possess at the hour
-of death, and that the spiritual life thus commences where the
-corporeal existence terminates. "With these views," "says Dr. Hale,
-"it is natural that they should desire to pass through this change
-before their mental and bodily powers are so enfeebled by age as to
-deprive them of their capacity for enjoyment."[43] Finally, we have to
-observe that in many cases the old people are not only killed, but
-eaten, by the nearest relatives, and that the motive, or at least, the
-sole motive, for this procedure is not hunger or desire for human
-flesh.[44] It is described as "an act of kindness" or as a "pious
-ceremony," as a method of preventing the body from being eaten up by
-worms or injured by enemies.[45] Considering that many cannibals have
-an aversion to the bodies of men who have died a natural death, it is
-not unreasonable to suppose that, in some instances, the old person is
-killed for the purpose of being eaten, and that this is done with a
-view to benefiting him.[46] But, on the other hand, the "pious
-ceremony," like so many other funeral customs which are supposed to
-comfort the dead, may be the survival of a practice which was
-originally intended to promote the selfish interests of the living.
-
-[Footnote 33: Morgan, _League of the Iroqnois_, p. 171.]
-
-[Footnote 34: Dawson, _op. cit._ p. 62.]
-
-[Footnote 35: Hahn, _op. cit._ p. 86.]
-
-[Footnote 36: Tylor, 'Primitive Society,' in _Contemporary Review_,
-xxi. 705. _Idem_, _Anthropology_, p. 410 _sq._]
-
-[Footnote 37: Kolben, _op. cit._ i. 322.]
-
-[Footnote 38: Hooper, _op. cit._ p. 188 _sq._ _Cf._ Sarytschew, _loc.
-cit._ vi. 50; Dall, _op. cit._ p. 385; von Wrangell, _Expedition to
-the Polar Sea_, p. 122.]
-
-[Footnote 39: Catlin, _North American Indians_, i. 217.]
-
-[Footnote 40: Codrington, _op. cit._ p. 347. Turner, _Samoa_, p. 335
-_sq._ (Efatese).]
-
-[Footnote 41: Seemann, _Viti_, p. 193.]
-
-[Footnote 42: Fison and Howitt, _Kamilaroi and Kurnai_, p. 175.]
-
-[Footnote 43: Hale, _op. cit._ p. 65. Williams and Calvert, _op. cit._
-p. 156. See also Erskine, _Islands of the Western Pacific_, p. 248.]
-
-[Footnote 44: For instances, see Steinmetz, _Endokannibalismus_,
-_passim_.]
-
-[Footnote 45: _Ibid._ pp. 3, 5, 17.]
-
-[Footnote 46: _Cf._ Herodotus' statement regarding the Massagetae,
-i. 216.]
-
-{391} Closely connected with the custom of doing away with decrepit
-parents is the habit, prevalent among certain peoples, of abandoning
-or killing persons suffering from some illness.
-
-"The white man," Mr. Ward observes, "can never, as long as he may
-live in Africa, conquer his repugnance to the callous indifference to
-suffering that he meets with everywhere in Arab and Negro. The dying
-are left by the wayside to die. The weak drop on the caravan road, and
-the caravan passes on."[47] Among the Kafirs instances are not rare in
-which the dying are carried to the bush and left to perish, and among
-some of them epileptics are cast over a precipice, or tied to a tree
-to be devoured by hyenas.[48] The Hottentots abandon patients
-suffering from small-pox.[49] The southern Tanàla in Madagascar take a
-person who becomes insensible during an illness, to the spot in the
-forest where they throw their dead, and should the unfortunate
-creature so cast away revive and return to the village, they stone him
-outright to death.[50] In New Caledonia "il est rare qu'un malade rend
-naturellement le dernier soupir: quand il n'a plus sa connaissance,
-souvent même avant son agonie, on lui ferme la bouche et les narines
-pour l'étouffer, ou bien on le tiraille de tous côtés par les jambes
-et par les bras."[51] In Kandavu, of the Fiji Group, sick persons were
-often thrown into a cave, where the dead also were deposited.[52] In
-Efate, if a person in sickness showed signs of delirium, his grave was
-dug, and he was buried forthwith, to prevent the disease from
-spreading to other members of the family.[53] The Alfura "kill their
-sick when they have no hope of their recovery."[54] Dobrizhoffer says
-of the Patagonians, "Actuated by an irrational kind of pity, they bury
-the dying before they expire."[55] In cases of cholera or small-pox
-epidemics, North American Indians have been known to desert their
-villages, leaving all their sick behind, of whatever age or sex.[56]
-According to Dr. Nansen, it is not inconsistent with the moral code of
-the Greenlanders "to hasten the death of those {392} who are sick and
-in great suffering, or of those in delirium, of which they have a
-great horror."[57] Lieutenant Holm states that, in Eastern Greenland,
-when an individual is seriously ill, he consents, if his relatives
-request it, to end his sufferings by throwing himself into the sea;
-whereas it is rare that a sick person is put to death, except in cases
-of disordered intellect.[58] At Igloolik "a sick woman is frequently
-built or blocked up in a snow-hut, and not a soul goes near to look in
-and ascertain whether she be alive or dead."[59]
-
-[Footnote 47: Ward, _Five Years with the Congo Cannibals_, p. 262.]
-
-[Footnote 48: Shooter, _Kafirs of Natal_, p. 238 _sq._ Kidd, _The
-Essential Kafir_, p. 247.]
-
-[Footnote 49: Le Vaillant, _Travels into the Interior Parts of
-Africa_, ii. 112.]
-
-[Footnote 50: Sibree, _The Great African Island_, p. 291.]
-
-[Footnote 51: Brainne, _op. cit._ p. 255.]
-
-[Footnote 52: Williams and Calvert, _op. cit._ p. 159.]
-
-[Footnote 53: Turner, _Samoa_, p. 336.]
-
-[Footnote 54: Pfeiffer, _A Lady's Second Journey round the World_, i. 387.]
-
-[Footnote 55: Dobrizhoffer, _Account of the Abipones_, ii. 262.]
-
-[Footnote 56: Domenech, _op. cit._ ii. 326.]
-
-[Footnote 57: Nansen, _Eskimo Life_, p. 163.]
-
-[Footnote 58: 'East Greenland Eskimo,' in _Science_, vii. 172.]
-
-[Footnote 59: Lyon, _Private Journal_, p. 357. For other instances,
-see Sartori, in _Globus_, lxvii. nr. 7 _sq._; von Martius, _op. cit._
-i. 126, 127, 393 (Brazilian tribes); Steller, _Beschreibung von dem
-Lande Kamtschatka_, p. 354; Dawson, _op. cit._ p. 61, quoted _supra_,
-p. 271.]
-
-These and similar facts are largely explained by the pitiful condition
-of the invalid, the hardships of a wandering life, and the
-superstitious notions of ignorant men. In some cases the practice of
-killing a dying person seems to be connected with a belief that the
-death-blow will save his soul.[60] In 1812, a leper was burnt alive at
-Katwa, near Calcutta, by his mother and sister, who believed that by
-their doing so he would gain a pure body in the next birth.[61] By
-carrying the patient away before he dies, the survivors escape the
-supposed danger of touching a corpse.[62] In the poorer provinces of
-the kingdom of Kandy, when a sick person was despaired of, the fear of
-becoming defiled, or of being obliged to change their habitation,
-frequently induced those about him to take him into a wood, in spite
-of his cries and groans, and to leave him there, perhaps in the
-agonies of death.[63] But the most common motive for abandoning or
-destroying sick people seems to be fear of infection or of demoniacal
-possession, which is regarded as the cause of various diseases.[64]
-Among the North American Indians, we are told, "the custom of
-abandoning the infirm or sick arose {393} from a superstitious fear of
-the evil spirits which were supposed to have taken possession of
-them."[65] In Tahiti, says Ellis, "every disease was supposed to be
-the effect of direct supernatural agency, and to be inflicted by the
-gods for some crime against the tabu, of which the sufferers had been
-guilty, or in consequence of some offering made by an enemy to procure
-their destruction. Hence, it is probable, in a great measure, resulted
-their neglect and cruel treatment of their sick."[66]
-
-[Footnote 60: Sartori, _loc. cit._ p. 127.]
-
-[Footnote 61: Crooke, _Popular Religion and Folk-Lore of Northern
-India_, ii. 169.]
-
-[Footnote 62: Shooter, _op. cit._ 239 (Kafirs of Natal). Kidd, _The
-Essential Kafir_, p. 247.]
-
-[Footnote 63: Joinville, 'Religion and Manners of the People of
-Ceylon,' in _Asiatick Researches_, vii. 437 _sq._]
-
-[Footnote 64: See Sartori, _loc. cit._ p. 110 _sq._; Lippert,
-_Kulturgeschichte der Menschheit_, i. 110; ii. 411.]
-
-[Footnote 65: Dorman, _Origin of Primitive Superstitions_, p. 392.]
-
-[Footnote 66: Ellis, _Polynesian Researches_, i. 395.]
-
-       *       *       *       *       *
-
-Whilst the regard which children owe their parents makes parricide an
-aggravated form of murder, the paternal power sometimes implies that,
-under certain circumstances, the father is allowed to kill even his
-grown-up child. Though the Chinese Penal Code provides a slight
-punishment for parents who punish disobedient children with death,[67]
-the crime is practically ignored by the authorities.[68] Among the
-Hebrews, in early times, a father might punish his incontinent
-daughter with death.[69] The Roman house-father had _jus vitæ
-necisque_--the power of life and death--over his children. However,
-this power did not imply that he could kill them without a just
-cause;[70] already in pagan times a father who killed his son
-"latronis magis quam patris jure," was punished as a murderer.[71] As
-Dean Milman observes, long before Christianity entered into Roman
-legislation, "the life of a child was as sacred as that of the parent;
-and Constantine, when he branded the murder of a son with the {394}
-name of parricide, hardly advanced upon the dominant feeling.[72] Nor
-is there any reason to suppose that, among savages, the father
-possesses an absolute right of life and death over his children. On
-the contrary, among many of the lower races the existence of such a
-right is expressly denied.[73]
-
-[Footnote 67: _Ta Tsing Leu Lee_, sec. cccxix. p. 347:--"If a father,
-mother, paternal grandfather or grandmother, chastises a disobedient
-child or grandchild in a severe and uncustomary manner, so that he or
-she dies, the party so offending shall be punished with 100
-blows.--When any of the aforesaid relations are guilty of killing such
-disobedient child or grandchild designedly, the punishment shall be
-extended to 60 blows and one year's banishment."]
-
-[Footnote 68: Douglas, _Society in China_, p. 78 _sq._]
-
-[Footnote 69: _Genesis_, xxxviii. 24.]
-
-[Footnote 70: Mittermaier, 'Beyträge zur Lehre vom Verbrechen des
-Kindesmordes,' in _Neues Archiv des Criminalrechts_, vii. 4. Walter,
-_Geschichte des Römischen Rechts_, § 537, vol. ii. 147. von Jhering,
-_Geist des römischen Rechts_, ii. 220. Mommsen, _Römisches
-Strafrecht_, p. 619.]
-
-[Footnote 71: _Digesta_, xlviii. 9. 5. Orosius, _Historiæ_, v. 16.
-Mommsen, _Römisches Strafrecht_, p. 618.]
-
-[Footnote 72: Milman, _History of Latin Christianity_, ii. 25.]
-
-[Footnote 73: Lang, in Steinmetz, _Rechtsverhältnisse von eingeborenen
-Völkern in Afrika und Ozeanien_, p. 224 (Washambala). Desoignies,
-_ibid._ p. 271 (Msalala). Marx, _ibid._ p. 349 (Amahlubi). Kohler,
-'Recht der Hottentotten,' in _Zeitschr. f. vergl. Rechtswiss._ xv.
-347. Post, _Afrikanische Jurisprudenz_, i. 52 _sq._]
-
-But whilst a father only in rare cases, and then merely as a measure
-of justice, is allowed to put to death his grown-up child, he very
-frequently has the right of destroying a new-born infant. Nay, in many
-instances infanticide is not only permitted, but enjoined by custom.
-
-Among a great number of uncivilised peoples it is usual to kill an
-infant if it is a bastard,[74] or if its mother dies,[75] or if it is
-deformed or diseased,[76] or if there is anything unusual or uncanny
-about it, or if it for some reason or other is regarded as an unlucky
-child. In some parts of {395} Africa, for instance, a child who is
-born with teeth,[77] or who cuts the upper front teeth before the
-under,[78] or whose teeth present some other kind of irregularity,[79]
-is put to death. Among the natives of the Bondei country a child who
-is born head first is considered an unlucky child, and is strangled in
-consequence.[80] The Kamchadales used to destroy children who were
-born in very stormy weather;[81] and in Madagascar infants born in
-March or April, or in the last week of a month, or on a Wednesday or a
-Friday, were exposed or drowned or buried alive.[82] Among various
-savages it is the custom that, if a woman gives birth to twins, one or
-both of them are destroyed.[83] They are regarded sometimes as an
-indication of unfaithfulness on the part of the mother--in accordance
-with the notion that one man cannot be the father of two children at
-the same time[84]--sometimes as an evil portent or as the result of
-the wrath of a fetish.[85] Miss Kingsley observes, "There is always
-the sense of there being something uncanny regarding twins in West
-Africa, and in those tribes where they are not killed they are
-regarded {396} as requiring great care to prevent them from dying on
-their own account."[86] The Kafirs believe that unless the father
-places a lump of earth in the mouth of one of the babies he will lose
-his strength.[87]
-
-[Footnote 74: Turner, _Samoa_, p. 304 (Savage Islanders). Elton, in
-_Jour. Anthr. Inst._ xvii. 93 (some Solomon Islanders). Munzinger,
-_Ostafrikanische Studien_, p. 145 (Beduan). Dyveyrier, _Exploration du
-Sahara_, p. 428 (Touareg). Burton, _Sindh_, p. 244 (Belochis).
-Haberland, 'Der Kindermord als Volkssitte,' in _Globus_, xxxvii. 58.
-The natives of Australia often kill half-caste children (Roth,
-_Ethnological Studies among the North-West-Central Queensland
-Aborigines_, p. 184. Curr, _Recollections of Squatting in Victoria_,
-p. 252. Haberland, _loc. cit._ p. 58).]
-
-[Footnote 75: Collins, _English Colony in New South Wales_, i. 607
-_sq._ (aborigines of Port Jackson). Dale, 'Natives inhabiting the
-Bondei Country,' in _Jour. Anthr. Inst._ xxv. 182. Comte de Cardi,
-'Ju-Ju Laws and Customs in the Niger Delta,' _ibid._ xxix. 58. Nansen,
-_First Crossing of Greenland_, ii. 330; Holm, 'Ethnologisk Skizze af
-Angmagsalikerne,' in _Meddelelser om Grönland_, x. 91 (Greenlanders).
-Haberland, _loc. cit._ p. 28 _sq._ Ploss, _Das Kind_, ii. 252, 254,
-258 _sq._ Chamberlain, _Child and Childhood in Folk-Thought_,
-p. 110 _sq._]
-
-[Footnote 76: Dawson, _op. cit._ p. 39 (tribes of Western Victoria).
-Kicherer, quoted by Moffat, _Missionary Labours and Scenes in Southern
-Africa_, p. 15 (Bushmans). Shooter, _Kafirs of Natal_, p. 89. Chapman,
-_Travels in the Interior of South Africa_, ii. 285 (Banamjua). Reade,
-_Savage Africa_, p. 244 (Equatorial Africans). New, _Life, Wanderings,
-and Labours in Eastern Africa_, p. 118; Krapf, _Travels_, p. 193 _sq._
-(Wanika). Georgi, _Russia_, iii. 134 (Kamchadales). Sarytschew, _loc.
-cit._ vi. 50; von Wrangell, _op. cit._ p. 122 (Chukchi). Simpson,
-quoted by Murdoch, 'Point Barrow Expedition,' in _Ann. Rep. Bur.
-Ethn._ ix. 417 (Eskimo). Powers, _Tribes of California_, p. 382
-(Yokuts). Guinnard, _Three Years' Slavery among the Patagonians_, p.
-144. Haberland, _loc. cit._ p. 58 _sq._ Ploss, _Das Kind_, ii. 252,
-254, 255, 258.]
-
-[Footnote 77: Ploss, _Das Kind_, ii. 257, 259.]
-
-[Footnote 78: Livingstone, _Missionary Travels_, p. 577. Kingsley,
-_Travels in West Africa_, p. 472. Allen and Thomson, _Expedition to
-the River Niger_, i. 243 _sq._ Mockler-Ferryman, _British Nigeria_,
-p. 286 (Ibos).]
-
-[Footnote 79: Baumann, _Usambara_, pp. 131 (Wabondei), 237 (Wapare).]
-
-[Footnote 80: Dale, in _Jour. Anthr. Inst._ xxv. 183.]
-
-[Footnote 81: Krasheninnikoff, _History of Kamschatka_, p. 217.]
-
-[Footnote 82: Ploss, _Das Kind_, ii. 257. _Cf._ Little, _Madagascar_,
-p. 60.]
-
-[Footnote 83: Dawson, _op. cit._ p. 39 (tribes of Western Victoria).
-Spencer and Gillen, _Native Tribes of Central Australia_, p. 52.
-_Idem_, _Northern Tribes of Central Australia_, p. 609. Romilly,
-_Western Pacific_, p. 70 (Solomon Islanders). Kolben, _op. cit._ i.
-144 (Hottentots). Shooter, _op. cit._ p. 88 (Kafirs of Natal).
-Livingstone, _Missionary Travels_, p. 577. Decle, _Three Years in
-Savage Africa_, p. 160 (Matabele). Chapman, _op. cit._ ii. 285
-(Banamjua). Baumann, _Usambara_, p. 131 (Wabondei). New, _op. cit._
-pp. 118 (Wanika, formerly), 458 (Wadshagga). Burton, _Two Trips to
-Gorilla Land_, i. 84. Kingsley, _Travels in West Africa_, p. 472
-_sqq._ Schoen and Crowther, _Journals_, p. 49 (Ibos on the Niger).
-Comte de Cardi, in _Jour. Anthr. Inst._ xxix. 57 _sq._ (Negroes of the
-Niger Delta). Nyendael, quoted by Ling Roth, _Great Benin_, p. 35
-(people of Arebo). Ploss, _Das Kind_, ii. 267 _sq._ (African peoples),
-274 (some South American Indians). Schneider, _Die Naturvölker_, i.
-305 _sq._ (some South American Indians). Krasheninnikoff, _op. cit._
-p. 217 (Kamchadales).]
-
-[Footnote 84: Waitz, _Anthropologie der Naturvölker_, iii. 394, 480
-(South American Indians). Dapper says (_Africa_, p. 473) that no twins
-are ever found in the country of Benin, because the people considered
-it a great dishonour to give birth to twins.]
-
-[Footnote 85: Allen and Thomson, _op. cit._ i. 243. Baumann,
-_Usambara_, p. 131 (Wabondei).]
-
-[Footnote 86: Kingsley, _Travels in West Africa_, p. 473, According to
-Nyendael, twin-births are, on the contrary, esteemed good omens in
-most parts of the Benin territory (Ling Roth, _Great Benin_, p.
-35).]
-
-[Footnote 87: Kidd, _The Essential Kafir_, p. 202.]
-
-In the instances just referred to, the infant is killed either
-because, after the death of its mother, there is nobody to nurse it,
-or on account of the fault of its parents, especially the mother, or
-because it is held desirable that the sickly or defective should die
-at once, or out of superstitious fear. However, among many of the
-lower races, infanticide is not restricted to similar more or less
-exceptional cases, but is practised on a much larger scale. Custom
-often decides how many children are to be reared in each family, and
-not infrequently the majority of infants are destroyed.
-
-Infanticide is common among various tribes in North and South
-America.[88] Dobrizhoffer says that it was a rare exception among the
-Abipones to find a woman who had brought up two or three sons, whilst
-some mothers killed all the children they bore, "no one either
-preventing or avenging these murders."[89] According to Azara, the
-Guanas buried alive the majority of their female infants, and the
-Mbayas suffered only one boy or one girl in a family to live;[90] but
-the correctness of his statements has been questioned.[91] On the
-other hand there can be no doubt as to the extreme prevalence of
-infanticide in the islands of the South Seas. In some of the principal
-groups of Polynesia it was practised publicly and systematically,
-without compunction, to an extent almost incredible. During the whole
-period of his residence in the Society Islands, Ellis does {397} not
-recollect having met with a single pagan woman who had not imbrued her
-hands in the blood of her offspring, and he thinks that there, as also
-in the Sandwich Islands, two-thirds of the children were destroyed by
-their parents.[92] "No sense of irresolution or horror," he says,
-"appeared to exist in the bosoms of those parents who deliberately
-resolved on the deed before the child was born. They often visited the
-dwellings of the foreigners, and spoke with perfect complacency of
-their cruel purpose"; and when the missionaries tried to dissuade them
-from executing their intention, the only answer generally received was
-that it was the custom of the country.[93] The Line Islanders allowed
-only four children of a family to get the chance of life; the mother
-had a right to rear one child, whereas it rested with the husband to
-decide whether any more should live.[94] In Radack every mother was
-permitted to bring up three children, but the fourth and every
-succeeding one she was obliged to bury alive herself, unless she was
-the wife of a chief.[95] In Vaitupu, of the Ellice Archipelago, also,
-"infanticide was ordered by law," and only two children were allowed
-to a family.[96] In New Zealand and the Marquesas infanticide, though
-not so general, was yet of frequent occurrence and not regarded as a
-crime.[97] In most of the Melanesian groups it was very common.[98] In
-the Solomon Islands there still seem to be several places where it is
-the custom to kill nearly all children soon after they are born, and
-to buy other children from foreign tribes, good care being taken not
-to buy them too young.[99] The practice of infanticide occurred at
-least occasionally in Tasmania,[100] and, as it seems, almost
-universally in Australia. Mr. Curr supposes that the Australian woman,
-as a rule, reared only two boys and one girl, the rest of her children
-being destroyed.[101] "In the laws known to her," says Mr. Brough
-Smyth, "infanticide is a necessary practice, and one which, if
-disregarded, would, under certain circumstances, be disapproved {398}
-of; and the disapproval would be marked by punishment."[102] Mr.
-Taplin was assured that, among the Narrinyeri, more than one-half of
-the children born fell victims to this custom;[103] and in the
-Dieyerie tribe hardly an old woman, if questioned, but will admit of
-having destroyed from two to four of her offspring.[104]
-
-[Footnote 88: Bessels, quoted by Murdoch, 'Point Barrow Expedition,'
-in _Ann. Rep. Bur. Ethn._ ix. 417 (Eskimo of Smith Sound). Nelson,
-'Eskimo about Bering Strait,' _ibid._ xviii. 289. Gibbs, 'Tribes of
-Western Washington and Northwestern Oregon,' in _Contributions to
-North American Ethnology_, i. 198. Powers, _op. cit._ pp. 177, 184
-(Californian tribes). Yarrow, in _Ann. Rep. Bur. Ethn._ i. 99 (Pimas
-of Arizona), Hawtrey, in _Jour. Anthr. Inst._ xxxi. 295 (Lengua
-Indians of the Paraguayan Chaco).]
-
-[Footnote 89: Dobrizhoffer, _op. cit._ ii. 98. For another account of
-the infanticides of the Abipones, see _infra_, p. 400.]
-
-[Footnote 90: Azara, _Voyages dans l'Amérique méridionale_, ii. 93, 115.]
-
-[Footnote 91: Wied-Neuwied, _Reise nach Brasilien_, ii. 39.]
-
-[Footnote 92: Ellis, _Polynesian Researches_, i. 252. _Idem_, _Tour
-through Hawaii_, p. 325.]
-
-[Footnote 93: _Idem_, _Polynesian Researches_, i. 250.]
-
-[Footnote 94: Tutuila, 'Line Islanders,' in _Jour. Polynesian
-Society_, i. 267.]
-
-[Footnote 95: von Kotzebue, _Voyage of Discovery_, iii. 173.]
-
-[Footnote 96: Turner, _Samoa_, p. 284.]
-
-[Footnote 97: Hale, _U.S. Exploring Expedition. Vol. VI. Ethnography
-and Philology_, p. 15.]
-
-[Footnote 98: Codrington, _Melanesians_, p. 229. Turner, _Samoa_, p.
-333 (Efatese). Gill, _Life in the Southern Isles_, p. 213 (islands of
-Torres Straits). Atkinson, in _Folk-Lore_, xiv. 248 (New
-Caledonians).]
-
-[Footnote 99: Romilly, _Western Pacific_, p. 68 _sq._ _Cf._ Guppy,
-_Solomon Islands_, p. 42.]
-
-[Footnote 100: Ling Roth, _Aborigines of Tasmania_, p. 167 _sq._
-Bonwick, _Daily Life and Origin of the Tasmanians_, p. 85. Brough
-Smyth, _Aborigines of Victoria_, ii. 386.]
-
-[Footnote 101: Curr, _The Australian Race_, i. 70.]
-
-[Footnote 102: Brough Smyth, _op. cit._ i. p. xxi. _Cf._ Oberländer,
-'Die Eingeborenen der Kolonie Victoria,' in _Globus_, iv. 279.]
-
-[Footnote 103: Taplin, 'Narrinyeri,' in Woods, _Native Tribes of South
-Australia_, p. 13.]
-
-[Footnote 104: Gason, 'Manners and Customs of the Dieyerie Tribe,'
-_ibid._ p. 259.]
-
-Among the Todas of India, up to the period of Mr. Sullivan's visit
-to their hills, about the year 1820, only one female child was allowed
-to live in each family.[105] With reference to the Kandhs, or Khonds,
-Macpherson observes, "The practice of female infanticide is, I
-believe, not wholly unknown amongst any portion of the Khond people,
-while it exists in some of the tribes of the sect of Boora to such an
-extent, that no female infant is spared, except when a woman's first
-child is a female, and that villages containing a hundred houses may
-be seen without a female child."[106]
-
-[Footnote 105: Metz, _Tribes inhabiting the Neilgherry Hills_, p. 16.]
-
-[Footnote 106: Macpherson, _Memorials of Service in India_, p. 132.]
-
-It is said that among the Guanches of the Canary Islands, in
-ancient times, all children, except the first-born, were killed.[107]
-The people of Madagascar frequently practised infanticide; but Ellis
-says that they were much less addicted to it than the South Sea
-Islanders, a numerous offspring being generally a source of much
-satisfaction.[108] According to Kolben, infanticide was common among
-the Hottentots;[109] whereas Sparrman only states that "the Hottentots
-are accustomed to inter, in case of the mother's death, children at
-the breast alive,"[110] and Le Vaillant altogether denies the
-existence of customary infanticide among them.[111] Among the Swahili,
-according to Baumann, infanticides are very common and hardly
-disapproved of.[112] But the peoples of the African continent are not
-generally addicted to infanticide, except in such special cases as
-have already come under our notice.
-
-[Footnote 107: Ploss, _Das Kind_, ii. 259 _sq._]
-
-[Footnote 108: Little, _Madagascar_, p. 60. Ellis, _History of
-Madagascar_, i. 155, 160.]
-
-[Footnote 109: Kolben, _op. cit._ i. 333.]
-
-[Footnote 110: Sparrman, _Voyage to the Cape of Good Hope_, i. 358 _sq._]
-
-[Footnote 111: Le Vaillant, _op. cit._ ii. 58 _sqq._]
-
-[Footnote 112: Baumann, _Usambara_, p. 42.]
-
-The custom of infanticide, in its extensive form, has been attributed
-to various motives. Among some peoples mothers are said to kill their
-new-born infants on account {399} of the trouble of rearing them,[113]
-or the consequent loss of beauty.[114] Another cause is the long
-suckling time, generally lasting, among savages, for two, three, four
-years, or even more, owing to want of soft food and animal milk.[115]
-When, as is very commonly the case, the husband must not cohabit with
-his wife during the whole of this period,[116] he is naturally
-inclined to form other connections, and this seems in some instances
-to induce the mother to destroy her child.[117] In another respect,
-also, the long suckling-time is an inducement to infanticide; among
-certain Australian tribes an infant is killed immediately on birth
-"when the mother is, or thinks she is, unable to rear it owing to
-there being a young child whom she is still feeding."[118] Among the
-Pimas of Arizona, again, infanticide is said to be connected with the
-custom of destroying all the property of the husband when he dies.
-"The women of the tribe, well aware that they will be poor should
-their husbands die, and that then they will have to provide for their
-children by their own exertions, do not care to have many children,
-and infanticide, both before and after birth, prevails to a great
-extent. This is not considered a crime."[119] But there can be little
-doubt that the wholesale infanticide of many of the lower races is in
-the main due to the hardships of savage life. The helpless infant may
-be a great burden to the parents both in times of peace and in times
-of war. It may prevent the mother from following her husband about on
-his wanderings in search of food, or otherwise encumber her in her
-work.[120] Mr. Curr states of the Bangerang tribe of Victoria, with
-whom he was intimate for ten years, that their habit of killing nearly
-half {400} of the children born resulted "principally from the
-difficulty, if not the impossibility, of transporting several children
-of tender age from place to place on their frequent marches."[121]
-Concerning the Abipones, Charlevoix observes:--"They seldom rear but
-one child of each sex, murdering the rest as fast as they come into
-the world, till the eldest are strong enough to walk alone. They think
-to justify this cruelty by saying that, as they are almost constantly
-travelling from one place to another, it is impossible for them to
-take care of more infants than two at a time; one to be carried by the
-father, and the other by the mother."[122] Among the Lenguas of the
-Paraguayan Chaco an interval of seven or eight years is always
-observable between children of the same family, infants born in this
-interval being immediately killed. The reasons for this practice, says
-Mr. Hawtrey, are obvious. "The woman has the hard work of carrying
-food from garden and field, and all the transport to do; the Lenguas
-are a nomadic race, and their frequent moves often entail journeys of
-from ten to twenty miles a day. . . . Travelling with natives under
-these circumstances, one is forced to the conclusion that it would be
-impossible for a mother to have more than one young child to carry and
-to care for."[123] Moreover, a little forethought tells the parents
-that their child before long will become a consumer of provisions
-perhaps already too scanty for the family. Savages often suffer
-greatly from want of food, and may have to choose between destroying
-their offspring or famishing themselves. Hence they often have
-recourse to infanticide as a means of saving their lives; indeed,
-among several tribes, in case of famine, children are not only killed,
-but eaten.[124] Urgent want is frequently represented by our
-authorities as the main cause of infanticide;[125] and {401} their
-statements are corroborated by the conspicuous prevalence of this
-custom among poor tribes and in islands whose inhabitants are confined
-to a narrow territory with limited resources.
-
-[Footnote 113: Ellis, _Polynesian Researches_, i. 256 (Tahitians).
-_Idem_, _Tour through Hawaii_, p. 327. Polack, _Manners and Customs of
-the New Zealanders_, ii. 92. Gason, _loc. cit._ p. 258 (Dieyerie
-tribe).]
-
-[Footnote 114: Williams, _Missionary Enterprises_, p. 565
-(Tahitians).]
-
-[Footnote 115: See Westermarck, _History of Human Marriage_, p. 484.]
-
-[Footnote 116: _Ibid._ p. 483.]
-
-[Footnote 117: Schneider, _Die Naturvölker_, i. 297, 307.]
-
-[Footnote 118: Spencer and Gillen, _Native Tribes of Central
-Australia_, pp. 51, 264. _Idem_, _Northern Tribes of Central
-Australia_, p. 608. Oberländer, _loc. cit._ p. 279.]
-
-[Footnote 119: Yarrow, _loc. cit._ p. 99.]
-
-[Footnote 120: Turner, _Nineteen Years in Polynesia_, p. 394 (people
-of Vaté, New Hebrides). Polack, _op. cit._ ii. 93 (Maoris).]
-
-[Footnote 121: Curr, _Squatting in Victoria_, p. 252. Oberländer,
-_loc. cit._ p. 279. _Cf._ Fison and Howitt, _Kamilaroi and Kurnai_, p.
-259; Fraser, _Aborigines of New South Wales_, p. 5.]
-
-[Footnote 122: Charlevoix, _History of Paraguay_, i. 405.]
-
-[Footnote 123: Hawtrey, in _Jour. Anthr. Inst._ xxxi. 295.]
-
-[Footnote 124: See Steinmetz, _Endokannibalismus_, pp. 8, 13, 14, 17.]
-
-[Footnote 125: Nansen, _First Crossing of Greenland_, ii. 330. Nelson,
-in _Ann. Rep. Bur. Ethn._ xviii. 289 (Eskimo about Behring Strait).
-Brough Smyth, _op. cit._ i. 53; ii. 386 (aboriginal tribes of
-Australia and Tasmania), von Kotzebue, _op. cit._ iii. 173 (natives of
-Radack). Tutuila, in. _Jour. Polynesian Soc._ i. 263 (Line Islanders).
-Campbell, _Wild Tribes of Khondistan_, p. 140 (Kandbs of Sooradah).
-Marshall, _A Phrenologist amongst the Todas_, p. 194. Kolben, _op.
-cit._ i. 144 (Hottentots). See also Haberland, _loc. cit._ p. 26;
-Dimitroff, _Die Geringschätzung des menschlichen Lebens und ihre
-Ursachen bei den Naturvölkern_, p. 162 _sqq._; Sutherland, _Origin
-and Growth of the Moral Instinct_, i. 115 _sqq._]
-
-In the chapter dealing with human sacrifice we shall notice that
-infanticide is in some cases practised as a sacrificial rite. In other
-cases infants are killed for medicinal purposes, without being
-sacrificed to any divine being.[126] Thus in the Luritcha tribe, in
-Central Australia, "it is not an infrequent custom, when a child is in
-weak health, to kill a younger and healthy one and then to feed the
-weakling on its flesh, the idea being that this will give to the weak
-child the strength of the stronger one."[127] A curious motive for
-female infanticide is also worth mentioning. That the victims of this
-practice are most commonly, among several peoples almost exclusively,
-females,[128] is generally due to the greater usefulness of the men
-both as food-providers and in war. But the Hakka, a Mongolian tribe in
-China, often put their girls to a cruel death with a view to inducing
-thereby the soul to appear the next time in the shape of a
-boy.[129]
-
-[Footnote 126: See _infra_, p. 458 _sq._]
-
-[Footnote 127: Spencer and Gillen, _Native Tribes of Central
-Australia_, p. 475. _Cf._ _ibid._ p. 52.]
-
-[Footnote 128: _Cf._ Haberland, _loc. cit._ p. 56 _sqq._]
-
-[Footnote 129: Hubrig, quoted by Ploss, _Das Kind_, ii. 263.]
-
-Thus various considerations have led men to destroy their own
-offspring. Under certain circumstances the advantages, real or
-imaginary, assumed to result from the deed have been sufficiently
-great to silence the voice of parental love, which, as will be seen,
-is to be found even in the bosom of a savage father. The resistance
-offered by this instinct would be so much the less as the child is
-killed immediately after its birth, at a period of its life {402} when
-the father's affection for it is as yet only dawning Even where, at
-first, infanticide was an exception, practised by a few members of the
-tribe, any interference from the side of the community may have been
-prevented by the notion that a person possesses proprietary rights
-over his offspring; and, once become habitual, infanticide easily grew
-into a regular custom. In cases where it was found useful to the
-tribe, it would be enforced as a public duty; and even where there no
-longer was any need for it, owing to changed conditions of life, the
-force of habit might still keep the old custom alive.
-
-Though infanticide is thus regarded as allowable, or even obligatory,
-among many of the lower races, we must not suppose that they
-universally look upon it in this light. Mr. McLennan grossly
-exaggerated its prevalence when he asserted that female infanticide is
-"common among savages everywhere."[130] Among a great number of them
-it is said to be unheard of or almost so,[131] and to these belong
-peoples of so low a type as the Andaman Islanders,[132] the
-Botocudos,[133] and certain Californian tribes.[134] The Veddahs of
-Ceylon have never been known to practise it.[135] Among the Yahgans of
-Tierra del Fuego, Mr. Bridges informs me, it occurred only
-occasionally, and then it was almost always the deed of the mother,
-who acted from "jealousy, or hatred of her husband, or because of
-desertion and wretchedness."[136] Mr. Fison, who has lived for a long
-time among uncivilised races, thinks it will be found that infanticide
-is far less common among the lower savages than it is among the more
-advanced tribes.[137] Considering {403} further that the custom of
-infanticide, being opposed to the instinct of parental love,
-presupposes a certain amount of reasoning or forethought, it seems
-probable that, where it occurs, it is not a survival of earliest
-savagery, but has grown up under specific conditions in later stages
-of development.[138] It is, for instance, very generally asserted that
-certain Indians in California never committed infanticide before the
-arrival of the whites;[139] and Ellis thinks there is every reason to
-suppose that this custom was practised less extensively by the
-Polynesians during the early periods of their history than it was
-afterwards.[140]
-
-[Footnote 130: McLennan, _Studies in Ancient History_, p. 75.]
-
-[Footnote 131: See Westermarck, _History of Human Marriage_, p. 312
-_sq._; and, besides the authorities there referred to, Dorsey, 'Omaha
-Sociology,' in _Ann. Rep. Bur. Ethn._ iii. 369; Kirke, _Twenty-five
-Years in British Guiana_, p. 160; Chalmers, _Pioneering in New
-Guinea_, p. 163; Hodgson, _Miscellaneous Essays_, p. 123 (Bódo and
-Dhimáls); Baumann, _Durch Massailand zur Nilquelle_, p. 161
-(Masai).]
-
-[Footnote 132: Man, in _Jour. Anthr. Inst._ xii. 329.]
-
-[Footnote 133: Wied-Neuwied, _op. cit._ ii. 39. Keane, in _Jour.
-Anthr. Inst._ xiii. 206.]
-
-[Footnote 134: Powers, _op. cit._ pp. 192, 271, 382.]
-
-[Footnote 135: Sarasin, _Ergebnisse naturwissenschaftlicher
-Forschungen auf Ceylon_, iii. 469, 539.]
-
-[Footnote 136: Bridges, in a letter dated Downeast, Tierra del Fuego,
-August 28th, 1888.]
-
-[Footnote 137: Fison and Howitt, _Kamilaroi and Kurnai_, p. 134 _sqq._
-_Cf._ Farrer, _Primitive Manners and Customs_, p. 224; Sutherland,
-_op. cit._ i. 114 _sq._]
-
-[Footnote 138: _Cf._ Darwin, _Descent of Man_, p. 594.]
-
-[Footnote 139: Powers, _op. cit._ p. 207. _Cf._ _ibid._ p. 183.]
-
-[Footnote 140: Ellis, _Polynesian Researches_, i. 249.]
-
-Where infanticide is not sanctioned by custom, the occasional
-commission of it has a tendency to call forth disapproval or excite
-horror. The Blackfeet are said to believe that women who have been
-guilty of this crime will never reach the happy mountain after death,
-but are compelled to hover round the seats of their crimes, with
-branches of trees tied to their legs.[141] Speaking of another North
-American tribe, the Potawatomis, Keating observes:--"In a few
-instances, it is said that children born deformed have been destroyed
-by their mothers, but these instances are rare, and whenever
-discovered, uniformly bring them into disrepute, and are not
-unfrequently punished by some of the near relations. Independently of
-these cases, which are but rare, a few instances of infanticide, by
-single women, in order to conceal intrigue, have been heard of; but
-they are always treated with abhorrence."[142] Among the Omahas
-"parents had no right to put their children to death."[143] The Aleuts
-believed that a child-murder would bring misfortune on the whole
-village.[144] The Brazilian Macusis[145] and Botocudos[146] look upon
-the deed with horror. At Ulea, {404} of the Caroline Islands, "the
-prince would have the unnatural mother punished with death."[147] So,
-too, Herr Valdau tells us of a Bakundu woman who, accused of
-infanticide, was condemned to death.[148] In Ashanti a man is punished
-for the murder of his child.[149] Among the Gaika tribe, of the
-Kafirs, the killing of a child after birth is punishable as murder,
-the fine going to the chief.[150] Nay, even peoples among whom
-infanticide is habitual seem now and then to have a feeling that the
-act is not quite correct. Mr. Brough Smyth asserts that the Australian
-Black is himself ashamed of it;[151] and Mr. Curr has no doubt that he
-feels, in the commencement of his career at least, that infanticide is
-wrong, as also that its committal brings remorse.[152]
-
-[Footnote 141: Richardson, in Franklin, _Journey to the Shores of the
-Polar Sea_, p. 77.]
-
-[Footnote 142: Keating, _op. cit._ i. 99.]
-
-[Footnote 143: Dorsey, in _Ann. Rep. Bur. Ethn._ iii. 268.]
-
-[Footnote 144: Dall, _op. cit._ p. 399.]
-
-[Footnote 145: Waitz, _op. cit._ iii. 391.]
-
-[Footnote 146: Wied-Neuwied, _op. cit._ ii. 39.]
-
-[Footnote 147: von Kotzebue, _op. cit._ iii. 211.]
-
-[Footnote 148: Valdau, in _Ymer_, v. 280.]
-
-[Footnote 149: Bowdich, _Mission from Cape Coast Castle to Ashantee_,
-p. 258.]
-
-[Footnote 150: Maclean, _Compendium of Kafir Laws and Customs_, p. 111.]
-
-[Footnote 151: Brough Smyth, _op. cit._ i. 54.]
-
-[Footnote 152: Curr, _The Australian Race_, i. 100.]
-
-The custom of infanticide in most cases requires that the child should
-be killed immediately or soon after its birth. Among certain North
-American Indians "the right of destroying a child lasted only till it
-was a month old," after which time the feeling of the tribe was
-against its death.[153] Ellis says of the Society Islanders:--"The
-horrid act, if not committed at the time the infant entered the world,
-was not perpetrated at any subsequent period . . . . If the little
-stranger was, from irresolution, the mingled emotions that struggled
-for mastery in its mother's bosom, or any other cause, suffered to
-live ten minutes or half an hour, it was safe; instead of a monster's
-grasp, it received a mother's caress and a mother's smile, and was
-afterwards nursed with solicitude and tenderness."[154] Almost the
-same is said of other South Sea Islanders[155] and of tribes
-inhabiting the Australian continent.[156] That the custom of
-infanticide is generally {405} restricted to the destruction of
-new-born babies also appears from various statements as to the
-parental love of those peoples who are addicted to this practice.[157]
-In Fiji "such children as are allowed to live are treated with a
-foolish fondness."[158] Among the Narrinyeri, "only let it be
-determined that an infant's life shall be saved, and there are no
-bounds to the fondness and indulgence with which it is treated";[159]
-and with reference to other Australian tribes we are told that it is
-brought up with greater care than generally falls to the lot of
-children belonging to the poorer classes in Europe.[160] Among the
-Indians of the Pampas and other Indians of that neighbourhood, who
-abandon deformed or sickly-looking children to the wild dogs and birds
-of prey, an infant becomes, from the moment it is considered worthy to
-live, "the object of the whole love of its parents, who, if necessary,
-will submit themselves to the greatest privations to satisfy its least
-wants or exactions."[161] In Madagascar, according to Ellis, "nothing
-can exceed the affection with which the infant is treated by its
-parents and other members of the family; the indulgence is more
-frequently carried to excess than otherwise."[162] From these and
-similar facts, as also from the general absence of statements to the
-contrary, I conclude that murders of children who have been allowed to
-survive their earliest infancy are very rare, though not quite
-unknown,[163] among the lower races.
-
-[Footnote 153: Schoolcraft, quoted by Sutherland, _op. cit._ i. 119.]
-
-[Footnote 154: Ellis, _Polynesian Researches_, i. 255.]
-
-[Footnote 155: Waitz-Gerland, _op. cit._ vi. 138, 139, 638. Angas,
-_Savage Life and Scenes in Australia and New Zealand_, i. 313.]
-
-[Footnote 156: Ploss, _Das Kind_, ii. 255. Spencer and Gillen, _Native
-Tribes of Central Australia_, p. 51. _Iidem_, _Northern Tribes of
-Central Australia_, p. 608.]
-
-[Footnote 157: See _infra_, p. 529 _sqq._; also Haberland, _loc. cit._
-p. 29, and Sutherland, _op. cit._ i. 115 _sqq._]
-
-[Footnote 158: Williams and Calvert, _op. cit._ p. 142.]
-
-[Footnote 159: Taplin, in Woods, _Native Tribes of South Australia_,
-p. 15.]
-
-[Footnote 160: Brough Smyth, _op. cit._ i. 51. Meyer, 'Manners and
-Customs of the Aborigines of the Encounter Bay Tribe,' in Woods,
-_Native Tribes of South Australia_, p. 186.]
-
-[Footnote 161: Guinnard, _op. cit._ p. 144.]
-
-[Footnote 162: Ellis, _History of Madagascar_, i. 161.]
-
-[Footnote 163: Among the Sandwich Islanders "the infant, after living
-a week, a month, or even a year, was still insecure, as some were
-destroyed when able to walk" (Ellis, _Tour through Hawaii_, p. 325).
-Among the Eskimo about Behring Strait, "girls were often killed when
-from 4 to 6 years of age" (Nelson, in _Ann. Rep. Bur. Ethn._
-xviii. 289).]
-
-The custom of infanticide prevails, or has prevailed, not only in the
-savage world, but among semi-civilised and {406} civilised races. In
-the poorest districts of China female infants are often destroyed by
-their parents immediately after their birth, chiefly on account of
-poverty.[164] Though disapproved of by educated Chinese, the practice
-is treated with forbearance or indifference by the mass of the people,
-and is acquiesced in by the mandarins.[165] "When seriously appealed
-to on the subject," says the Rev. J. Doolittle, "though all deprecate
-it as contrary to the dictates of reason and the instincts of nature,
-many are ready boldly to apologise for it, and declare it to be
-necessary, especially in the families of the excessively poor."[166]
-However, infanticide is neither directly sanctioned by the government,
-nor agreeable to the general spirit of the laws and institutions of
-the Empire;[167] and it is prohibited both by Buddhism and
-Taouism.[168] According to Dr. de Groot, the belief that the spirits
-of the dead may, with authorisation of Heaven, take vengeance on the
-living, has a very salutary effect on female infanticide in China.
-"The fear that the souls of the murdered little ones may bring
-misfortune, induces many a father or mother to lay the girls they are
-unwilling to bring up in the street for adoption into some family, or
-into a foundling-hospital."[169]
-
-[Footnote 164: Gutzlaff, _Sketch of Chinese History_, i. 59. Wells
-Williams, _Middle Kingdom_, ii. 240 _sqq._ Douglas, _Society in
-China_, p. 354 _sqq._ Doolittle, _Social Life of the Chinese_, ii. 206.]
-
-[Footnote 165: Doolittle, _op. cit._ ii. 203, 208 _sq._ Wells
-Williams, _op. cit._ i. 836; ii. 242. Douglas, _Society in China_, p.
-354. Ploss, _Das Kind_, ii. 262.]
-
-[Footnote 166: Doolittle, _op. cit._ ii. 208.]
-
-[Footnote 167: Staunton, in his translation of _Ta Tsing Leu Lee_,
-p. 347 n. *]
-
-[Footnote 168: _Thâi Shang_, 4. Giles, _Strange Stories from a Chinese
-Studio_, ii. 377. Douglas, _Confucianism and Taouism_, p. 267.
-_Indo-Chinese Gleaner_, iii. 164.]
-
-[Footnote 169: de Groot, _Religions System of China_, (vol. iv. book)
-ii. 457 _sqq._]
-
-In ancient times the Semites, or at least some of them, not only
-practised infanticide, but, under certain circumstances, approved of
-it or regarded it as a duty. According to an ancient Arabic proverb,
-it was a generous deed to bury a female child;[170] and we read of
-[(]O[s.]aim the Fazarite who did not dare to save alive his daughter
-Lacî[t.]a, without concealing her from the people, although she was
-his only child.[171] Considering that among the {407} nomads of
-Arabia, who suffer constantly from hunger during a great part of the
-year, a daughter is a burden to the poor, we may suppose, with
-Professor Robertson Smith, that "infanticide was as natural to them as
-to other savage peoples in the hard struggle for life."[172] It was
-condemned, however, by the Prophet:--"Slay not your children for fear
-of poverty: we will provide for them; beware! for to slay them is ever
-a great sin."[173] In the Mosaic Law, on the other hand, infanticide
-is never touched upon, and, in all probability, it hardly occurred
-among the Hebrews in historic times. But we have reason to believe
-that, at an earlier period, among them as also among other branches of
-the Semitic race, child-murder was frequently practised as a
-sacrificial rite.[174]
-
-[Footnote 170: Freytag, _Arabum Proverbia_, i. 229.]
-
-[Footnote 171: Robertson Smith, _Kinship and Marriage in Early
-Arabia_, p. 293.]
-
-[Footnote 172: _Ibid._ p. 294.]
-
-[Footnote 173: _Koran_, xvii. 33; also, _ibid._ vi. 141, 152, and
-lxxxi. 8 _sq._]
-
-[Footnote 174: See _infra_, on Human Sacrifice.]
-
-The murder of female infants, whether by the direct employment of
-homicidal means, or by exposure to privation and neglect, has for ages
-been a common practice, or even a genuine custom, among various Hindu
-castes.[175] Yet they are well aware that it is prohibited by their
-sacred books; according to the Laws of Manu, the King shall put to
-death "those who slay women, infants, or Brâhmanas."[176] Even the
-Rajputs, who--out of family pride and owing to the expenses connected
-with the marriage ceremony--were particularly addicted to infanticide,
-considered that a family in which such a deed had been perpetrated
-was, in consequence, an object of divine displeasure. On the twelfth
-day, therefore, the family priest was sent for, and, by suitable
-gratuities, absolution was obtained. In the room where the infant was
-born and destroyed, he also prepared and ate some food with which the
-family provided him; this was considered a _hom_, or burnt offering,
-and, by eating it in that place, the priest was supposed to take the
-whole _hutteea_, or sin, upon himself, and to cleanse the family from
-it.[177]
-
-[Footnote 175: Wilkins, _Modern Hinduism_, 431. Chevers, _Manual of
-Medical Jurisprudence for India_, p. 750 _sqq._]
-
-[Footnote 176: _Laws of Manu_, ix. 232.]
-
-[Footnote 177: 'Oude as it was before the Annexation,' in _Church
-Missionary Intelligencer_, xi. 81 _sq._]
-
-{408} Exposure of new-born children was practised by the people of the
-Vedic age,[178] as also by other so-called Aryan peoples in ancient
-times.[179] The Teutonic father had to decide whether the child,
-whilst still lying on the ground, should be accepted as a member of
-the family, or whether it should be exposed. If he lifted it up, and
-some water was poured over it, or a drop of milk or honey passed its
-lips, it was generally safe. But apart from these restrictions, custom
-seems to have been in favour of exposure only under certain
-circumstances, exactly similar to those in which infanticide is
-practised among many modern savages: if the child was born out of
-wedlock, or if it was deformed or sickly, or if it was born on an
-unlucky day, or in case of twins--one of whom was always supposed to
-be illegitimate--or if the parents were very poor. The exposed infant,
-however, was not necessarily destined to die, but was, in many cases,
-adopted by somebody who could afford to rear it.[180]
-
-[Footnote 178: Kaegi, _Rigveda_, p. 16.]
-
-[Footnote 179: Strieker, 'Ethnographische Notizen über den Kindermord
-und die künstliche Fruchtabtreibung,' in _Archiv für Anthropologie_,
-v. 451 (Celts and Slavs).]
-
-[Footnote 180: Grimm, _Deutsche Rechtsalterthümer_, p. 455 _sq._
-Wilda, _Strafrecht der Germanen_, pp. 704, 725. Maurer, _Bekehrung des
-Norwegischen Stammes_ ii. 181. Weinhold, _Altnordisches Leben_, p.
-261. Nordström, _Bidrag till den svenska samhälls-författningens
-historia_, ii. 44. Stemann, _Den danske Retshistorie indtil Christian
-V.'s Lov_, p. 359.]
-
-The exposure of deformed or sickly infants was undoubtedly an ancient
-custom in Greece; in Sparta, at least, it was enjoined by law. It was
-also approved of by the most enlightened among the Greek philosophers.
-Plato condemns all those children who are imperfect in limbs, as also
-those who are born from depraved citizens, to be buried in some
-obscure and unknown place; he maintains, moreover, that when both
-sexes have passed the age assigned for presenting children to the
-State, no child is to be brought to light, and that any infant which
-is by accident born alive, shall be done away with.[181] Aristotle not
-only lays down the law with respect to the exposing or bringing up of
-children, that "nothing imperfect or maimed shall be brought up," but
-proposes that {409} the number of children allowed to each marriage
-shall be regulated by the State, and that, if any woman be pregnant
-after she has produced the prescribed number, an abortion shall be
-procured before the fetus has life.[182] These views were in perfect
-harmony with the general tendency of the Greeks to subordinate the
-feelings of the individual to the interest of the State. Confined as
-they were to a very limited territory, they were naturally afraid of
-being burdened with the maintenance of persons whose lives could be of
-no use. It is necessary, says Aristotle, to take care that the
-increase of the people should not exceed a certain number, in order to
-avoid poverty and its concomitants, sedition and other evils.[183] Yet
-the exposure of healthy infants, which was frequently practised in
-Greece, was hardly approved of by public opinion, although
-tolerated,[184] except at Thebes, where it was a crime punishable with
-death.[185]
-
-[Footnote 181: Plato, _Respublica_, v. 460 _sq._]
-
-[Footnote 182: Aristotle, _Politica_, vii. 16, p. 1335.]
-
-[Footnote 183: _Ibid._ ii. 6, p. 1265.]
-
-[Footnote 184: Schmidt, _Ethik der alten Griechen_, ii. 138, 463.
-Hermann-Blumner, _Lehrbuch der griechischen Privatalterthümer_, p. 77.]
-
-[Footnote 185: Aelian, _Varia Historiæ_, ii. 7.]
-
-In Rome custom or law enjoined the destruction of deformed infants.
-According to a law of the Twelve Tables, referred to by Cicero,
-monstrous abortions were not suffered to live.[186] With reference to
-a much later period Seneca writes, "We destroy monstrous births, and
-we also drown our children if they are born weakly or unnaturally
-formed"; he adds that it is an act of reason thus to separate what is
-useless from what is sound.[187] But there was no tendency in Rome to
-encourage infanticide beyond these limits. It has been observed that,
-whilst the Greek policy was rather to restrain, the Roman policy was
-always to encourage, population.[188] Being engaged in incessant wars
-of conquest, Rome was never afraid of being over-populated, but, on
-the contrary, tried to increase the number of its citizens by
-according special privileges to the fathers of many children, and
-exempting poor parents from most {410} of the burden of taxation.[189]
-The power of life and death which the Roman father possessed over his
-children undoubtedly involved the legal right of destroying or
-exposing new-born infants; but it is equally certain that the act was
-frequently disapproved of.[190] An ancient "law," ascribed to
-Romulus--which, as Mommsen suggests, could have been merely a priestly
-direction[191]--enjoined the father to bring up all his sons and at
-least his eldest daughter, and forbade him to destroy any well-formed
-child till it had completed its third year, when the affections of the
-parent might be supposed to be developed.[192] In later times we find
-the exposure of children condemned by poets, historians, philosophers,
-jurists. Among nefarious acts committed in sign of grief on the day
-when Germanicus died, Suetonius mentions the exposure of new-born
-babes.[193] Epictetus indignantly opposes the saying of Epicurus that
-men should not rear their children:--"Even a sheep will not desert its
-young, nor a wolf; and shall a man? 'What! will you have us to be
-silly creatures, like the sheep?' Yet they desert not their young. 'Or
-savage, like wolves?' Yet even they desert them not. Come, then, who
-would obey you if he saw his little child fall on the ground and
-cry?"[194] Julius Paulus, the jurist, pronounced him who refused
-nourishment to his child, or exposed it in a public place, to be
-guilty of murder[195]--a statement which is to be understood, not as a
-legal prohibition of exposure, but only as the expression of a moral
-opinion.[196] On the other hand, though the exposure of healthy
-infants was disapproved of in Pagan Rome, it was not generally
-regarded as an offence of very great magnitude, especially if the
-parents were destitute.[197] {411} During the Empire it was practised
-on an extensive scale, and in the literature of the time it is spoken
-of with frigid indifference. Since the life of the victim was
-frequently saved by some benevolent person or with a view to
-profit,[198] it was not regarded in the same light as downright
-infanticide, which, in the case of a healthy infant, seems to have
-been strictly prohibited by custom.[199]
-
-[Footnote 186: Cicero, _De legibus_, iii. 8.]
-
-[Footnote 187: Seneca, _De ira_, i. 15.]
-
-[Footnote 188: Lecky, _History of European Morals_, ii. 27.]
-
-[Footnote 189: Montesquieu, _De l'esprit des lois_, 20 _sqq._
-(_[OE]uvres_, p. 398 _sqq._). Lecky, _History of European Morals_,
-ii. 27.]
-
-[Footnote 190: Denis, _Histoire des théories et des idées morales dans
-l'antiquité_, ii. 110.]
-
-[Footnote 191: Mommsen, _Römisches Strafrecht_, p. 619.]
-
-[Footnote 192: Dionysius of Halicarnassus, _Antiquitates Romanæ_,
-ii. 15.]
-
-[Footnote 193: Suetonius, _Caligula_, 5.]
-
-[Footnote 194: Epictetus, _Dissertationes_, i. 23.]
-
-[Footnote 195: _Digesta_, xxv. 3. 4.]
-
-[Footnote 196: Noodt, 'Julius Paulus, sive de partus expositione et
-nece apud veteres,' in _Opera omnia_, i. 465 _sqq._ Walter,
-_Geschichte des Römischen Rechts_, § 538, vol. ii. 148 _sq._
-Spangenberg, 'Verbrechen des Kindermords und der Aussetzung der
-Kinder,' in _Neues Archiv des Criminalrechts_, iii. 10 _sqq._ Mommsen,
-_Römisches Strafrecht_, p. 620, n. 1.]
-
-[Footnote 197: Quintilian, _Declamationes_, 506. Plutarch, _De amore
-prolis_, 5.]
-
-[Footnote 198: Lecky, _History of European Morals_, ii. 28. Lallemand,
-_Histoire des enfants abandonnés et délaissés_, p. 59.]
-
-[Footnote 199: Mommsen, _Römisches Strafrecht_, p. 619.]
-
-As is generally the case in the savage world, so among semi-civilised
-and civilised nations whose customs allow or tolerate infanticide, the
-child, if not suffered to live, has to be killed in its earliest
-infancy. Among the Chinese[200] and Rajputs[201] it is destroyed
-immediately after its birth. In the Scandinavian North the killing or
-exposure of an infant who had already been sprinkled with water was
-regarded as murder.[202] At Athens parents were punished for exposing
-children whom they had once begun to rear.[203]
-
-[Footnote 200: Gutzlaff, _op. cit._ i. 59.]
-
-[Footnote 201: _Church Missionary Intelligencer_, xi. 81. Chevers,
-_op. cit._ p. 752.]
-
-[Footnote 202: Grimm, _Deutsche Rechtsalterthümer_, i. 457.]
-
-[Footnote 203: Schoemann, _Griechische Alterthümer_, i. 503.]
-
-The practice of exposing new-born infants, so common in the Pagan
-Empire, was vehemently denounced by the early Fathers of the
-Church.[204] They tried to convince men that, if the abandoned infant
-died, the unnatural parent was guilty of nothing less than murder,
-whilst the sinful purposes for which foundlings were often used formed
-another argument against exposure.[205] The enormity of the crime of
-causing an infant's death was enhanced by the notion that children who
-had died unbaptised were doomed to eternal perdition.[206] According
-to a decree of the Council of Mentz in 852, the penance imposed on the
-mother was heavier if she killed an unbaptised than if she killed a
-{412} baptised child.[207] In the year 1556, Henry II. of France made
-a law which punished as a child-murderer any woman who had concealed
-her pregnancy and delivery, and whose child was found dead, "privé,
-tant du saint sacrement de baptesme, que sépulture publique et
-accoustumée."[208] This statute--to which there is a counterpart in
-England in the statute 21 Jac. I. c. 27,[209] and in the Scotch law of
-1690, c. 21[210]--thus went so far as to constitute a presumptive
-murder, avowedly under the influence of that Christian dogma to which
-Mr. Lecky attributes, in the first instance, "the healthy sense of the
-value and sanctity of infant life which so broadly distinguishes
-Christian from Pagan societies."[211]
-
-[Footnote 204: See Terme and Monfalcon, _Histoire des enfans trouvés_,
-p. 67 _sqq._]
-
-[Footnote 205: Justin Martyr, _Apologia I. pro Christianis_, 29, 27
-(Migne, _Patrologiæ cursus_, Ser. Graeca, vi. 373 _sq._, 369 _sqq._).]
-
-[Footnote 206: _Cf._ Spangenberg, in _Neues Archiv des Criminalrechts_,
-iii. 20; Lecky, _History of European Morals_, ii. 23.]
-
-[Footnote 207: _Canon Hludowici regis_, 9 (Pertz, _Monum. Germaniæ
-historica_, iii. 413).]
-
-[Footnote 208: Isambert, Decrusy, and Armet, _Recueil général des
-anciennes lois françaises_, xiii. 472 _sq._]
-
-[Footnote 209: Blackstone, _Commentaries on the Laws of England_,
-iv. 198.]
-
-[Footnote 210: Erskine, _Principles of the Law of Scotland_, p. 560.]
-
-[Footnote 211: Lecky, _History of European Morals_, ii. 23.]
-
-If the Pagans had been comparatively indifferent to the sufferings of
-the exposed infant, the Christians became all the more cruel to the
-unfortunate mother, who, perhaps in a fit of despair, had put to death
-her new-born child. The Christian emperor Valentinian I. made
-infanticide a capital offence.[212] According to the Coutume de
-Loudunois, a mother who killed her child was burned.[213] In Germany
-and Switzerland she was buried alive with a pale thrust through her
-body;[214] this punishment was prescribed by the criminal code of
-Charles V., side by side with drowning.[215] Until the end of the
-eighteenth, or the beginning of the nineteenth, century, infanticide
-was a capital crime everywhere in Europe, except in Russia.[216] Then,
-under the influence of that rationalistic movement which compelled men
-to rectify so many preconceived opinions,[217] it became manifest that
-an unmarried woman {413} who destroyed her illegitimate child was not
-in the same category as an ordinary murderess.[218] It was pointed out
-that shame and fear, the excitement of mind, and the difficulty in
-rearing the poor bastard, could induce the unfortunate mother to
-commit a crime which she herself abhorred. That no notice had been
-taken of all this, is explicable from the extreme severity with which
-female unchastity was looked upon by the Church. At present most
-European lawbooks do not punish infanticide committed by an unmarried
-woman even nominally with death.[219] In France the law which regards
-infanticide as an aggravated form of _meurtre_[220] has become a dead
-letter;[221] and in England no woman seems for a long time to have
-been executed for killing her new-born child under the distress of
-mind and fear of shame caused by child-birth.[222]
-
-[Footnote 212: _Codex Theodosianus_, ix. 14. 1. _Institutiones_,
-ix. 16, 7.]
-
-[Footnote 213: Tissot, _Le droit pénal_, ii. 40.]
-
-[Footnote 214: Osenbrüggen, _Das alamannische Strafrecht im deutschen
-Mittelalter_, p. 229 _sq._ _Idem_, _Studien zur deutschen und
-schweizerischen Rechtsgeschichte_, p. 358.]
-
-[Footnote 215: Charles V.'s _Peinliche Gerichts Ordnung_, art. 131.]
-
-[Footnote 216: de Feyfer, _Verhandeling over den Kindermoord_, p. 225.
-von Fabrice, _Die Lehre von der Kindsabtreibung und vom Kindsmord_,
-p. 251.]
-
-[Footnote 217: Berner, _Lehrbuch des Deutschen Strafrechtes_, p. 497.]
-
-[Footnote 218: Bentham maintained (_Theory of Legislation_, p. 264
-_sq._) that infanticide ought not to be punished as a principal
-offence. "The offence," he says, "is what is improperly called the
-death of an infant, who has ceased to be, before knowing what
-existence is,--a result of a nature not to give the slightest
-inquietude to the most timid imagination; and which can cause no
-regrets but to the very person who, through a sentiment of shame and
-pity, has refused to prolong a life begun under the auspices of
-misery."]
-
-[Footnote 219: de Feyfer, _op. cit._ p. 228. For modern legislation on
-infanticide, see also Spangenberg, in _Neues Archiv des
-Criminalrechts_, iii. 360 _sqq._; von Fabrice, _op. cit._ p. 254 _sqq._]
-
-[Footnote 220: _Code Pénal_, art. 300, 302.]
-
-[Footnote 221: Garraud, _Traité théoretique et pratique du droit pénal
-français_, iv. 251.]
-
-[Footnote 222: Stephen, _History of the Criminal Law of England_,
-iii. 86.]
-
-       *       *       *       *       *
-
-Hand in hand with the custom of infanticide goes feticide, which
-prevails extensively in the savage world.[223] The same considerations
-as induce savages to kill their new-born infants also induce them to
-destroy the fetus before it has proceeded into the world from the
-mother's body. Besides, women procure abortion with a view to avoiding
-the disagreeable incidents accompanying the state of pregnancy; or,
-very frequently, in order to conceal illicit intercourse.[224]
-Considering that the same degree of sympathy cannot be felt with
-regard to a child not yet born as with regard to an infant, it is not
-surprising to find that feticide is practised without objection even
-by {414} some peoples who never commit infanticide. Thus in Samoa,
-where the latter practice was perfectly unknown, the destruction of
-unborn children prevailed to a melancholy extent, and the same was the
-case in the Mitchell Group.[225] Among the Dacotahs, who only
-occasionally killed infants, abortion procured by artificial means was
-not held objectionable.[226] On the other hand there are savages who
-consider it a crime. Some Indian tribes in North America abhor the
-practice.[227] The natives of Tenimber and Timor-laut punish it with
-heavy fines.[228] Regarding the Kafirs, Mr. Warner states that "the
-procuring of abortion, although universally practised by all classes
-of females in Kafir society, is nevertheless a crime of considerable
-magnitude in the eye of the Law; and when brought to the notice of the
-Chief, a fine of four or five head of cattle is inflicted. The
-accomplices are equally guilty with the female herself."[229]
-
-[Footnote 223: Ploss, _Das Weib_, i. 842 _sqq._]
-
-[Footnote 224: _Ibid._ i. 851 _sq._]
-
-[Footnote 225: Turner, _Samoa_, pp. 79, 280.]
-
-[Footnote 226: Schoolcraft, _Indian Tribes of the United States_, iii.
-243. Keating, _op. cit._ i. 394.]
-
-[Footnote 227: Ploss, _Das Weib_, i. 848.]
-
-[Footnote 228: Riedel, _De sluik- en kroesharige rassen tusschen
-Selebes en Papua_, p. 302.]
-
-[Footnote 229: Warner, in Maclean, _Compendium of Kafir Laws and
-Customs_, p. 62. _Cf._ Brownlee, _ibid._ p. 111; Holden, _Past and
-Future of the Kaffir Races_, p. 334.]
-
-Passing to more civilised nations, we notice that, among Hindus and
-Muhammedans, artificial abortion is extremely common and is hardly
-reprobated by public opinion, whatever religion or law may have to say
-on the subject.[230] It is especially resorted to by unmarried women
-as a means of escaping punishment and shame. "In a country like
-India," says Dr. Chevers, "where true morality is almost unknown, but
-where the laws of society exercise the most rigorous and vigilant
-control imaginable over the conduct of females, and where six-sevenths
-of the widows, whatever their age or position in life may be, are
-absolutely debarred from re-marriage, and are compelled to rely upon
-the uncertain support of their relatives, it is scarcely surprising
-that great crimes should be frequently practised to conceal the
-results of immorality, and that the procuring of criminal abortion
-should, especially, be an act of {415} almost daily commission, and
-should have become a trade among certain of the lower midwives."[231]
-In Persia every illegitimate pregnancy ends with abortion; the act is
-done almost publicly, and no obstacle is put in its way.[232] In
-Turkey, both among the rich and poor, even married women very commonly
-procure abortion after they have given birth to two children, one of
-which is a boy; and the authorities regard the practice with
-indifference.[233] In ancient Greece, as we have seen, feticide was
-under certain circumstances recommended by Plato and Aristotle, in
-preference to infanticide. In Rome it was prohibited by Septimius
-Severus and Antoninus, but the prohibition seems to have referred only
-to those married women who, by procuring abortion, defrauded their
-husbands of children.[234] During the Pagan Empire, abortion was
-extensively practised, either from poverty, or licentiousness, or
-vanity; and, although severely disapproved of by some,[235] "it was
-probably regarded by the average Romans of the later days of Paganism
-much as Englishmen in the last century regarded convivial excesses, as
-certainly wrong, but so venial as scarcely to deserve censure."[236]
-Seneca thinks Helvia worthy of special praise because she had never
-destroyed her expected child within her womb, "after the fashion of
-many other women, whose attractions are to be found in their beauty
-alone."[237] The Romans drew a broad line between feticide and
-infanticide. An unborn child was not regarded by them as a human
-being; it was a _spes animantis_, not an _infans_.[238] It was said to
-be merely a part of the mother, as the fruit is a part of the tree
-till it becomes ripe and falls down.[239]
-
-[Footnote 230: _Laws of Manu_, v. 90; _Vish['n]u Purá['n]a_,
-p. 207 _sq._]
-
-[Footnote 231: Chevers, _op. cit._ p. 712.]
-
-[Footnote 232: Polak, _Persien_, i. 217.]
-
-[Footnote 233: Ploss, _Das Weib_, i. 846 _sq._]
-
-[Footnote 234: _Digesta_, xlvii. 11. 4. _Cf._ Rein, _Criminalrecht der
-Römer_, p. 447.]
-
-[Footnote 235: Paulus, quoted in _Digesta_, xxv. 3, 4.]
-
-[Footnote 236: Lecky, _History of European Morals_, ii. 21 _sq._]
-
-[Footnote 237: Seneca, _Ad Helviam_, 16.]
-
-[Footnote 238: Spangenberg, 'Verbrechen der Abtreibung der
-Leibesfrucht,' in _Neues Archiv des Criminalrechts_, ii.
-23.]
-
-[Footnote 239: _Ibid._ ii. 22.]
-
-Very different opinions were held by the Christians. A sanctity,
-previously unheard of, was attached to human life from the very
-beginning. Feticide was regarded as a {416} form of murder.
-"Prevention of birth," says Tertullian, "is a precipitation of murder;
-nor does it matter whether one take away a life when formed, or drive
-it away while forming. He also is a man who is about to be one. Even
-every fruit already exists in its seed."[240] St. Augustine, again,
-makes a distinction between an embryo which has already been formed,
-and an embryo as yet unformed. From the creation of Adam, he says, it
-appears that the body is made before the soul. Before the embryo has
-been endowed with a soul it is an _embryo informatus_, and its
-artificial abortion is to be punished with a fine only; but the
-_embryo formatus_ is an animate being, and to destroy it is nothing
-less than murder, a crime punishable with death.[241] This distinction
-between an animate and inanimate fetus was embodied both in Canon[242]
-and Justinian law,[243] and passed subsequently into various
-lawbooks.[244] And a woman who destroyed her animate embryo was
-punished with death.[245]
-
-[Footnote 240: Tertullian, _Apologeticus_, 9 (Migne _op. cit._
-i. 319 _sq._).]
-
-[Footnote 241: St. Augustine, _Questiones in Exodum_, 80; _Idem_,
-_Questiones Veteris et Novi Testamenti_, 23 (Migne, _op. cit._
-xxxiv.-xxxv. 626, 2229).]
-
-[Footnote 242: Gratian, _Decretum_, ii. 32. 2. 8 _sq._]
-
-[Footnote 243: As regards the time from which the fetus was considered
-to be animate a curious distinction was drawn between the male and the
-female fetus. The former was regarded as _animatus_ forty days after
-its conception, the latter eighty days. This theory, however--which
-was derived, as it seems, either from an absurd misinterpretation of
-_Leviticus_, xii. 2-5, or from the views of Aristotle (_De animalibus
-historiæ_, vii. 3; _cf._ Pliny, _Historia naturalis_, vii. 6)--was not
-accepted by the glossarist of the Justinian Code, who fixed the
-animation of the female, as well as of the male, fetus at forty days
-after its conception; and this view was adopted by later jurists
-(Spangenberg, in _Neues Archiv des Criminalrechts_, ii. 37 _sqq._).]
-
-[Footnote 244: von Fabrice, _op. cit._ p. 202 _sq._ Berner, _op. cit._
-p. 501. Wilda, _op. cit._ p. 720 _sqq._]
-
-[Footnote 245: Fleta, i. 23. 12 (England). Charles V's _Peinliche
-Gerichts Ordnung_, art. 133. Spangenberg in _Neues Archiv des
-Criminalrechts_, ii. 16.]
-
-The criminality of artificial abortion was increased by the belief
-that an _embryo formatus_, being a person endowed with an immortal
-soul, was in need of baptism for its salvation. In his highly esteemed
-treatise De fide, written in the sixth century, St. Fulgentius says,
-"It is to be believed beyond doubt, that not only men who are come to
-the use of reason, but infants, whether they die in their mother's
-womb, or after they are born, without baptism, {417} in the name of
-the Father, Son, and Holy Ghost, are punished with everlasting
-punishment in eternal fire, because though they have no actual sin of
-their own, yet they carry along with them the condemnation of original
-sin from their first conception and birth."[246] And in the Lex
-Bajuwariorum this doctrine is expressly referred to in a paragraph
-which prescribes a daily compensation for children killed in the womb
-on account of the daily suffering of those children in hell.[247]
-Subsequently, however, St. Fulgentius' dictum was called in question,
-and no less a person than Thomas Aquinas suggested the possibility of
-salvation for an infant who died before its birth.[248] Apart from
-this, the doctrine that the life of an embryo is equally sacred with
-the life of an infant was so much opposed to popular feelings, that
-the law concerning feticide had to be altered. Modern legislation,
-though treating the fetus as a distinct being from the moment of its
-conception,[249] punishes criminal abortion less severely than
-infanticide.[250] And the very frequent occurrence of this crime[251]
-is an evidence of the comparative indifference with which it is
-practically looked upon by large numbers of people in Christian
-countries.
-
-[Footnote 246: St. Fulgentius, _De fide_, 27 (Migne, _op. cit._
-lxv. 701).]
-
-[Footnote 247: _Lex Bajuwariorum_, viii. 21 (vii. 20).]
-
-[Footnote 248: Lecky, _History of the Rise and Influence of the Spirit
-of Rationalism in Europe_, i. 360, n. 2.]
-
-[Footnote 249: Henke, _Lehrbuch der gerichtlichen Medicin_, 99, p. 75.
-Berner, _op. cit._ p. 502.]
-
-[Footnote 250: von Fabrice, _op. cit._ p. 199. For modern laws
-referring to criminal abortion, see _ibid._ p. 206 _sqq._, and
-Spangenberg, in _Neues Archiv des Criminalrechts_, ii. 178 _sqq._]
-
-[Footnote 251: See Ploss, _Das Weib_, i. 848 _sqq._; Schmidt's
-_Jahrbücher der in- und ausländischen Gesammten Medicin_, xciii. 97.]
-
-
-
-
-CHAPTER XVIII
-
-THE KILLING OF WOMEN AND OF SLAVES--THE CRIMINALITY OF HOMICIDE
-INFLUENCED BY DISTINCTIONS OF CLASS.
-
-
-AMONG many of the lower races a husband is said to possess the power
-of life and death over his wife; but what this actually means is not
-always obvious. It is quite probable that, in some cases, the husband
-may put his wife to death whenever he pleases, without having to fear
-any disagreeable consequences. In other instances he, by doing so, at
-all events exposes himself to the vengeance of her family. Among the
-Bangerang tribe of Victoria, for instance, "he might ill-treat her,
-give her away, do as he liked with her, or kill her, and no one in the
-tribe interfered; though, had he proceeded to the last extremity, her
-death would have been avenged by her brothers or kindred."[1] So,
-also, among the aborigines of North-West-Central Queensland, "a wife
-has always her 'brothers' to look after her interests," and if a man
-kills his wife he has to deliver up one of his own sisters for his
-late wife's friends to put to death.[2] We shall see in a subsequent
-chapter that many statements in which absolute marital power is
-ascribed to savage husbands are not to be interpreted too literally. I
-venture to believe that the husband's so-called power of life and
-death is generally {419} restricted by custom to cases where the wife
-has committed some offence, and, especially, where she has been guilty
-of unfaithfulness.
-
-[Footnote 1: Curr, _Recollections of Squatting in Victoria_, p. 248.]
-
-[Footnote 2: Roth, _Ethnological Studies among the North-West-Central
-Queensland Aborigines_, p. 141. _Cf._ Fison and Howitt, _Kamilaroi and
-Kurnai_, p. 281 (Geawe-gal tribe).]
-
-The right of punishing the wife capitally, however, is by no means
-universally granted to the husband in uncivilised communities. Among
-the Gaika tribe of the Kafirs, "if he puts her to death, he is
-punished as a murderer."[3] Among the Bakwiri he has to suffer death
-himself if he kills his wife; if she is unfaithful to him he is only
-permitted to beat her.[4] From the information we possess of the lower
-races it does not seem to be the general rule that husbands punish
-their adulterous wives with death; but whether they have the right of
-doing so is a question seldom touched upon by our authorities.[5] We
-shall see that savage custom often gives to the husband only very
-limited rights over his wife, and requires that he should treat her
-with respect.
-
-[Footnote 3: Brownlee, in Maclean, _Compendium of Kafir Laws and
-Customs_, p. 117.]
-
-[Footnote 4: Schwarz, quoted by Post, _Afrikanische Jurisprudenz_,
-i. 401.]
-
-[Footnote 5: See Steinmetz, _Ethnologische Studien zur ersten
-Entwicklung der Strafe_, ii. 303.]
-
-Among various peoples of a higher type the husband has, under certain
-circumstances, had the right of punishing his wife capitally; but this
-seems to be nearly all that is involved in that "power of life and
-death" which he is said to have possessed over her.[6] However, whilst
-custom or law forbade him to kill his wife without sufficient cause,
-such a deed was hardly looked upon with the same horror, or treated
-with the same severity, as the murder of a husband by his wife, owing
-to the former's superior position in the family. Among the Langobardi,
-according to the laws of King Rothar, a husband who killed his wife
-had to pay the same compensation as anybody else would have had to pay
-for taking her life, but if a wife killed her husband, she was put to
-death, and her property forfeited {420} to the family of the dead.[7]
-In Russia, in the seventeenth century, whilst a husband who murdered
-his wife was, according to law, obnoxious to corporal punishment, a
-wife who murdered her husband was buried alive, with the head above
-the ground, and left to perish by hunger.[8] According to English law,
-a woman who killed her husband was guilty of "petit treason," that is,
-murder in its most odious degree.[9]
-
-[Footnote 6: Rein, _Japan_, p. 424. Hommel, _Die semitischen Völker
-und Sprachen_, i. 417 (Babylonians). Leist, _Altarisches Jus Civile_,
-i. 196, 275 ("Aryan" peoples). Wilda, _Strafrecht der Germanen_, p.
-705; Nordström, _Bidrag till den svenska samhälls-författningens
-historia_, ii. 61 _sq._; Weinhold, _Altnordisches Leben_, p. 250;
-Keyser _Efterladte Skrifter_, ii. pt. ii. 28 _sq._ (Teutons).]
-
-[Footnote 7: _Edictus Rothari_, 200 _sqq._]
-
-[Footnote 8: Macieiowski, _Slavische Rechtsgeschichte_, iv. 292. For a
-Corsican law concerning matricide, see Cibrario, _Economia politica
-del medio eve_, i. 344; and for the punishment inflicted for the same
-crime on a woman in Nuremberg, in 1487, see Du Boys, _Histoire du
-droit criminel des peuples modernes_, ii. 607.]
-
-[Footnote 9: Blackstone, _Commentaries on the Laws of England_, iv. 203.]
-
-Among many peoples the life of a woman is held cheaper than that of a
-man, independently of the relationship between the slayer and his
-victim. In Burma, if a woman was accidentally killed, less
-compensation had to be paid than for a man. A Burman explained this in
-the following words:--"A woman is worth less than a man _in that way_.
-A maidservant can be hired for less than a manservant, a daughter can
-claim less than a son. They cannot do so much work; they are not so
-strong. If they had been worth more, the law would have been the other
-way; of course they are worth less."[10] Among Muhammedans the price
-of blood for a woman is half the sum which is the price of blood for a
-free man.[11] In ancient India the murder of a woman, unless she was
-with child, was in the eye of the law on a par with the murder of a
-Sûdra.[12] According to Cambrian law, the _galanas_, or blood-price,
-of a woman was half the _galanas_ of her brother.[13] Among the
-Teutons the _wergeld_ of a woman varied: sometimes it was the same as
-that for a man, sometimes only half as much, but sometimes twice as
-much, or, if she was pregnant, {421} even more.[14] These variations
-depended upon the different points of view from which the offence was
-looked upon. By herself she was worth less than a man, as a mother she
-was worth more;[15] and, quite apart from her value, the natural
-helplessness of her sex tended to aggravate the crime.[16] Among
-modern savages and barbarians, also, the estimate of a woman's life is
-in some instances lower than that of a man's,[17] in some equal to
-it,[18] and in some higher.[19] Among the Gallas the killing of a free
-man can be atoned for only by one thousand cattle, whereas fifty are
-deemed sufficient for the killing of a woman.[20] On the other hand,
-among the Iroquois two hundred yards of wampum were paid for the
-murder of a woman, and only one hundred for that of a man.[21] Among
-the Rejangs of Sumatra, whilst the compensation for murder is eighty
-dollars if the victim was an ordinary man or boy, it is one hundred
-and fifty dollars if the person murdered was a woman or a girl.[22]
-Among the Ag[=a]r, a Dinka tribe, the murder of a man must be atoned
-for by a fine of thirty cows, that of a woman by forty cows.[23] Where
-wives are purchased, the killing of a woman involves the destruction
-of valuable property, and is dealt with accordingly.
-
-[Footnote 10: Fielding, _The Soul of a People_, p. 171.]
-
-[Footnote 11: Lane, _Arabian Society in the Middle Ages_, p. 18.]
-
-[Footnote 12: _Baudhâyana_, i. 10. 19. 3. Leist, _Alt-arisches Jus
-Gentium_, p. 305 _sqq._]
-
-[Footnote 13: _Venedotian Code_, ii. 1. 16. According to the 'Laws of
-the Brets and Scots,' the estimate of a married woman is less by a
-third part than that of her husband, whereas the estimate of an
-unmarried woman is equal to that of her brother (Innes, _Scotland in
-the Middle Ages_, p. 181).]
-
-[Footnote 14: Grimm, _Deutsche Rechtsalterthümer_, p. 404 _sqq._]
-
-[Footnote 15: This point of view is very conspicuous in the Salic Law
-(_Lex Salica_ [Herold's text], 28).]
-
-[Footnote 16: Wilda, _op. cit._ p. 571. Keyser, _op. cit._ ii. pt. ii.
-29. Brunner, _Deutsche Rechtsgeschichte_, ii. 614 _sq._ Pardessus,
-_Loi Salique_, p. 662.]
-
-[Footnote 17: Post, _Anfänge des Staats- und Rechtsleben_, p. 192.
-_Idem_, _Studien zur Entwicklungsgeschichte des Familienrechts_, p.
-119 _sq._ Gibbs, 'Tribes of Western Washington and North-western
-Oregon,' in _Contributions to North American Ethnology_, i. 190.
-Georgi, _Russia_, ii. 261; Vámbéry, _Türkenvolk_, p. 305 (Kirghiz).
-Decle, _Three Years in Savage Africa_, p. 487 (Wakamba).]
-
-[Footnote 18: Schoolcraft, _Indian Tribes of the United States_, i.
-277 (Creeks). Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur. Ethn._
-iii. 370. Woodthorpe, in _Jour. Anthr. Inst._ xxvi. 21 (Shans).]
-
-[Footnote 19: Post, _Studien zur Entwicklungsgeschichte des
-Familienrechts_, p. 119 _sq._]
-
-[Footnote 20: Paulitschke, _Ethnographie Nordost-Afrikas_, p. 263.]
-
-[Footnote 21: Loskiel, _History of the Mission of the United Brethren
-among the Indians in North America_, i. 16.]
-
-[Footnote 22: Marsden, _History of Sumatra_, p. 222.]
-
-[Footnote 23: _Emin Pasha in Central Africa_, p. 338.]
-
-       *       *       *       *       *
-
-As a husband often has "the power of life and death" over his wife, so
-we may expect to find, even more often, {422} that a master has the
-same power over his slave. The latter, as a rule, can hardly count on
-the support of his family, and when, as is frequently the case, he is
-a prisoner of war, the right of killing an enemy easily passes into
-the right of killing the slave. In the literature dealing with the
-lower races we repeatedly meet with the statement that the owner may
-kill his slave at pleasure, or that he is not accountable for killing
-him.[24] Yet this seems to mean rather that, if he does so, no
-complaint can be brought against him, or no vengeance taken on him,
-than that he has an unconditional moral right to put to death a slave
-whom he no longer cares to keep; we shall see that savage custom very
-commonly requires that slaves should be treated with kindness by their
-masters. In many cases the master is expressly denied the right of
-killing his slave at his own discretion.[25] Among the Bataks, the
-owner, though allowed to punish his slave, must take care that the
-latter does not succumb to the punishment.[26] Among the Rejangs, if a
-man kills his slave, he pays half his price as compensation to the
-feudal chief of the country.[27] In Madagascar "masters have full
-power over their slaves, excepting as to life";[28] and the same is
-said of the Tshi-speaking peoples of the Gold Coast.[29] The
-Mandingoes allow the owner to do what he likes to a prisoner of war
-and to a person who has lost his freedom through insolvency, but he is
-forbidden to kill a house-slave.[30] Among the Barea and Kunáma, by
-putting {423} to death a slave who is a native of the country, the
-master even exposes himself to the blood-revenge of the family of the
-slain.[31]
-
-[Footnote 24: Monrad, _Bidrag til en Skildring af Guinea-Kysten_, p.
-42 (Negroes of Accra). Bowdich, _Mission to Ashantee_, p. 258 (people
-of Ashanti). Ward, _Five Years with the Congo Cannibals_, p. 105
-(Bolobo). Macdonald, _Africana_, i. 168 (Eastern Central Africans).
-Burton, _Zanzibar_, ii. 95 (Wanika). Cooper, _Mishmee Hills_, p. 238.
-_Glimpses of the Eastern Archipelago_, p. 106 (Highlanders of
-Palembang). Hale, _U.S. Exploring Expedition. Vol. VI. Ethnography and
-Philology_, p. 33 (Maoris). Gibbs, _loc. cit._ p. 189 (Thlinkets).
-Steinmetz, _Studien_, ii. 308 _sqq._]
-
-[Footnote 25: Steinmetz, _Rechtsverhältnisse von eigeborenen Völkern
-in Afrika und Ozeanien_, p. 43 (Banaka and Bapuku). Mademba, _ibid._
-p. 83 (natives of the Sansanding States). Lang, _ibid._ p. 241
-(Washambala). Desoignies, _ibid._ p. 278 (Msalala).]
-
-[Footnote 26: _Glimpses of the Eastern Archipelago_, p. 114.]
-
-[Footnote 27: Marsden, _op. cit._ p. 222.]
-
-[Footnote 28: Ellis, _History of Madagascar_, i. 196.]
-
-[Footnote 29: Ellis, _Tshi-speaking Peoples of the Gold Coast_, p. 291.]
-
-[Footnote 30: Post, _Afrikanische Jurisprudenz_, i. 95.]
-
-[Footnote 31: Munzinger, _Ostafrikanische Studien_, p. 484.]
-
-The murder of another person's slave is of course largely regarded as
-an offence against the property of the owner, but, in many cases at
-least, it is not exclusively looked upon in this light. Where the
-master himself is not allowed to kill his slave, the slave possesses
-the right to live in the full sense of the term. Sometimes there is in
-this respect little difference between him and a freeman. Among the
-Beni Amer, whilst the murder of a slave who has been bought is merely
-compensated for by the payment of the purchase sum, the murder of a
-slave who belongs to his master by birth is avenged by his relatives,
-or, if he has none, by the master himself; should the murderer be too
-high a person, the matter drops, but there is no question of payment
-in any case.[32] Where the system of blood-money prevails, the price
-paid for the life of a slave is less than that paid for the life of a
-freeman. Among the Kirghiz the former is only half of the latter.[33]
-In Axim, on the Gold Coast, according to Bosman, the murderer of a
-slave was usually fined thirty-six crowns, whilst five hundred crowns
-were demanded for the murder of a free-born negro.[34]
-
-[Footnote 32: _Ibid._ p. 309.]
-
-[Footnote 33: Georgi, _op. cit._ ii. 261.]
-
-[Footnote 34: Bosman, _New Description of the Coast of Guinea_,
-p. 141 _sq._]
-
-The rule that the life of a slave is held in less estimation than the
-life of a freeman applies to the nations of archaic culture; yet not
-even the master is among them in all circumstances allowed to put his
-slave to death. In ancient Mexico the murder of a slave, though
-committed by the master, was a capital offence.[35] In Corea, a slave
-may not be killed by his owner before the latter has obtained the
-permission of the board of punishments, or of the high provincial
-authorities.[36] According to the {424} Chinese Penal Code, a master
-who, instead of complaining to a magistrate privately, beats to death
-a slave who has been guilty of theft, adultery, or any other similar
-crime, shall be punished with one hundred blows. If he beats to death,
-or intentionally kills, a slave who has committed no crime, he shall
-be punished with sixty blows and one year's banishment, and the wife
-or husband, as also the children, of the deceased slave shall be
-entitled to their freedom.[37] Again, a freeman who kills another's
-slave shall be strangled.[38]
-
-[Footnote 35: Bancroft, _op. cit._ ii. 223.]
-
-[Footnote 36: Rockhill, 'Notes on some of the Laws, Customs, and
-Superstitions of Korea,' in _American Anthropologist_, iv. 180. _Cf._
-Griffis, _Corea_, p. 239.]
-
-[Footnote 37: _Ta Tsing Leu Lee_, sec. cccxiv. p. 340.]
-
-[Footnote 38: _Ibid._ sec. cccxiii. p. 336.]
-
-According to Hebrew law, a master who smites his slave so that he dies
-under his hand, "shall be surely punished"; but if the slave continues
-to live for a day or two after the assault, the master goes free on
-the score that the slave is "his money."[39] Muhammed strongly
-enjoined the duty of kindness to slaves; yet, according to Muhammedan
-law, the master may even kill his own slave with impunity for any
-offence, and incurs but a slight punishment--as imprisonment for a
-period at the discretion of the judge--if he kills him wantonly.[40]
-The price of blood for a slave is his or her value; but by the
-[H.]anafee law a man is obnoxious to capital punishment for the murder
-of another man's slave.[41]
-
-[Footnote 39: _Exodus_, xxi. 20 _sq._]
-
-[Footnote 40: Lane, _Manners and Customs of the Modern Egyptians_, p.
-115. _Idem_, _Arabian Society in the Middle Ages_, p. 251.]
-
-[Footnote 41: _Idem_, _Modern Egyptians_, p. 119. _Idem_, _Arabian
-Society_, p. 18 _sq._]
-
-Among the ancient Teutons the master was irresponsible in the eye of
-the law as to all dealings between himself and his slave; legally the
-slave was on a par with the horse and the ox, and to kill him was only
-to inflict a certain loss upon the owner.[42] In ancient Wales the
-position of a slave seems to have been very similar; there was no
-_galanas_ for a bondman, "only payment of his worth to his master,
-like the worth of a beast."[43] Among the Greeks, in the Homeric age,
-the master evidently {425} could punish his slaves with death;[44] but
-in later times, at least at Athens, he was obliged to hand over to the
-magistrate any slave of his who deserved capital punishment.[45] What
-happened to a master who killed his own slave we do not know exactly,
-but at any rate he had to undergo a ceremony of purification.[46]
-Plato says in his 'Laws,' that if a person kills the slave of another
-in anger, he shall pay twice the amount of the loss to his owner.[47]
-But he adds, "If any one kills a slave who has done no wrong, because
-he is afraid that he may inform of some base and evil deeds of his
-own, or for any similar reason, in such a case let him pay the penalty
-of murder, as he would have done if he had slain a citizen."[48]
-
-[Footnote 42: Grimm, _Deutsche Rechtsalterthümer_, p. 342 _sqq._
-Brunner, _Deutsche Rechtsgeschichte_, i. 96. Kemble, _Saxons in
-England_, i. 208 _sqq._ Stemann, _op. cit._ p. 281 _sqq._ Keyser, _op.
-cit._ ii. pt. i. 289.]
-
-[Footnote 43: _Dimetian Code_, iii. 3. 8.]
-
-[Footnote 44: _Odyssey_, iv. 743; xix. 489 _sq._]
-
-[Footnote 45: Schmidt, _Ethik der alten Griechen_, ii. 217.
-Hermann-Blümner, _Lehrbuch der griechischen Privatalterthümer_, p. 88,
-n. 3.]
-
-[Footnote 46: Plato, _Leges_, ix. 865, 868. Schmidt, _op. cit._
-ii. 217 _sq._]
-
-[Footnote 47: Plato, _Leges_, ix. 868.]
-
-[Footnote 48: _Ibid._ ix. 872.]
-
-In Rome, in ancient times, the master had by law the absolute power of
-life and death over his slaves; and he who killed another man's slave
-was not criminally prosecuted, but had merely to compensate the owner
-for the destruction of his property.[49] Even during the Empire a
-slave was counted a thing, not a person; himself incapable of
-suffering an _injuria_, he was viewed as a mechanical medium only,
-through which an insult could be transmitted to his master.[50] Yet
-this doctrine was not rigidly adhered to. After the publication of the
-Lex Cornelia, the change was introduced that he who killed a slave
-belonging to somebody else could be punished for murder;[51] and later
-on even the master's power of life and death was restricted by law.
-Claudius declared that sick slaves who had been exposed by their
-owners in a languishing condition, and afterwards recovered, should be
-perfectly free and never more return to their former servitude;
-moreover, "if any one chose to kill at once, rather than expose, a
-slave, he should be liable for murder."[52] {426} By a constitution of
-Antoninus Pius he who put his slave to death without a sufficient
-cause (_sine causa_) was to be punished equally with him who killed
-the slave of another.[53] Hadrian even made an attempt to induce
-slave-owners to hand over to the authorities slaves who had been
-guilty of some capital crime, instead of themselves inflicting the
-punishment on the guilty.[54]
-
-[Footnote 49: Mommsen, _Römisches Strafrecht_, p. 616.]
-
-[Footnote 50: _Institutiones_, iv. 4. 3.]
-
-[Footnote 51: Gaius, _Institutionum juris civilis commentarii_, iii.
-213. _Cf._ Mommsen, _Römisches Strafrecht_, p. 616.]
-
-[Footnote 52: Suetonius, _Claudius_, 25.]
-
-[Footnote 53: Gaius, _op. cit._ i. 53. _Institutiones_, i. 8. 2.]
-
-[Footnote 54: Spartian, _Vita Hadriani_, 18. _Cf._ Mommsen, _Römisches
-Strafrecht_, p. 617, n. 2.]
-
-Faithful to her principle that human life is sacred, the Church made
-efforts to secure the life of the slave against the violence of the
-master; but neither the ecclesiastical nor the secular legislation
-gave him the same protection as was bestowed upon the free member of
-the Church and State. Various Councils punished the murder of a slave
-with two years' excommunication only, if the slave had been killed
-"sine conscientia judicis";[55] and the same punishment was adopted by
-some Penitentials.[56] Edgar made the penance last three years,
-whereas, if a freeman was killed, the penance was of seven years'
-duration.[57] Facts do not justify Mr. Lecky's statement that, "in the
-penal system of the Church, the distinction between wrongs done to a
-freeman, and wrongs done to a slave, which lay at the very root of the
-whole civil legislation, was repudiated."[58]
-
-[Footnote 55: _Concilium Agathense_, A.D. 506, canon 62 (Labbe-Mansi,
-_Sacrorum Conciliorum collectio_, viii. 335). _Concilium Epaonense_,
-A.D. 517, canon 34 (_ibid._ viii. 563). _Concilium Wormatiense_, A.D.
-868, canon 38 (_ibid._ xv. 876).]
-
-[Footnote 56: _P[oe]nitentiale Cummeani_, vi. 29 (Wasserschleben,
-_Bussordungen der abendländischen Kirche_, p. 480). _P[oe]nit.
-Pseudo-Theodori_, xxi. 12 (_ibid._ p. 587).]
-
-[Footnote 57: _Canons enacted under Edgar_, Modus imponendi
-p[oe]nitentiam, 4, 11 (_Ancient Laws and Institutes of England_, p.
-405 _sq._).]
-
-[Footnote 58: Lecky, _History of European Morals_, ii. 66. Mr. Lecky
-states (_ibid._ ii. 66 _sq._) that the Council of Illiberis excluded
-for ever from the communion a master who killed his slave. I have only
-been able to find the following enactment made by a Council held at
-Illiberis in the beginning of the fourth century:--"Si qua domina
-furore zeli accensa flagris verberaverit ancillam suam, ita ut in
-tertium diem animam cum cruciatu effundat; eo quod incertum sit,
-voluntate, an casu occiderit; si voluntate, post septem annos; si
-casu, post quinquennii tempora, acta legitima p[oe]nitentia, ad
-communionem placuit admitti" (_Concilium Eliberitanum_, ch. 5
-[Labbe-Mansi, _op. cit._ ii. 6]).]
-
-Beyond a law of Constantine, to the effect that a master {427} who put
-his slave to death in a non-judicial way, was to be punished as a
-murderer,[59] and a reiteration of some previous enactments, the
-Christian emperors seem to have done little to guard the life of the
-slave. Whilst it was provided that any master who applied to his slave
-certain atrocious tortures with the object of killing him should be
-deemed a manslayer, it was emphatically said that no charge whatever
-should be brought against him if the slave died under moderate
-punishment, or under any punishment not inflicted with the intention
-of killing him.[60] Arcadius and Honorius even passed a law refusing
-protection to a slave who should fly to a church for refuge from his
-master;[61] but this law was, in the West, followed by regulations of
-an opposite character.[62] The barbarian invasions certainly did not
-improve the condition of slaves, and in Teutonic countries it was only
-by slow degrees that the introduction and spread of a higher
-civilisation exercised its humanising influence on the relation
-between master and slave. The Visigothic Code prohibited a person from
-killing any of his slaves who had committed no offence.[63] According
-to the Capitularia, the master had to pay a penalty for causing the
-death of a guiltless slave, provided that he died at once; but if he
-survived the injury only a day or two, the master was not punishable
-for his deed, because the slave was his _pecunia_.[64] In a later
-period any intentional killing of an innocent slave was punished by
-law, but the law probably remained a dead letter.[65] In the
-thirteenth century Beaumanoir, the French jurisconsult, could
-write:--"Plus cortoise est nostre coustume envers les sers que en
-autre païs, car li segneur poent penre de lor sers, et à mort et à
-vie, toutes les fois {428} qu'il lor plest, et tant qu'il lor
-plet."[66] Nay, even in quite modern times, in Christian countries,
-where negro slavery prevailed as a recognised institution, the life of
-the slave was only inadequately protected by their laws.
-
-[Footnote 59: _Codex Theodosianus_, ix. 12. 1.]
-
-[Footnote 60: _Ibid._ ix. 12. Lecky, _History of European Morals_,
-ii. 62 _sq._]
-
-[Footnote 61: _Codex Theodosianus_, ix. 45. 3.]
-
-[Footnote 62: Babington, _The Influence of Christianity in promoting
-the Abolition of Slavery in Europe_, p. 37. Biot, _De l'abolition de
-l'esclavage ancien en Occident_, p. 239.]
-
-[Footnote 63: _Lex Wisigothorum_, vi. 5. 12.]
-
-[Footnote 64: _Capitularia_, vi. 11 (Georgisch, _Corpus Juris
-Germanici antiqui_, col. 1513). This law is borrowed from _Exodus_,
-xxi. 20 _sq._]
-
-[Footnote 65: Grimm, _Deutsche Rechtsalterthümer_, p. 344 _sq._ _Cf._
-Potgiesser, **_Commentarii juris Germanici de statu servorum veteri
-perinde atqve novo_, ii. 1. 10, 13, 24; iii. 6 (pp. 308, 309, 311,
-312, 321, 633 _sqq._).]
-
-[Footnote 66: Beaumanoir, _Les coutumes du Beauvoisis_, xlv. 36, vol.
-ii. p. 237.]
-
-In most of the British colonies, it was only by force of comparatively
-recent acts, made for the most part subsequent to the year 1797, that
-the same punishment was prescribed for the murder of a slave as for
-the murder of a free person. Prior to this period the former crime was
-subject only to a small pecuniary penalty, in Barbados not exceeding
-£15.[67] In the French colonies, according to the Code Noir, a master
-who killed his slave should be punished "selon l'atrocité des
-circonstances."[68] In all the North American Slave-States there was a
-time when the murder of a slave, whether by his master or a third
-person, was atoned for by a fine. In South Carolina this was the case
-as late as 1821, and only since then the wilful, malicious, and
-premeditated killing of a slave, by whomsoever perpetrated, was a
-capital offence in all the slave-holding States.[69] But this does not
-mean that no distinction was made between the killing of a slave and
-the killing of a freeman. In South Carolina, according to an enactment
-of 1821, he who killed a slave on a sudden heat of passion was
-punished simply with a fine of five hundred dollars and imprisonment
-not exceeding six months.[70] In the Statutes of Tennessee the law
-referring to the wilful murder of a slave contained the provision that
-it should not be extended to "any person killing any slave in the act
-of resistance to his lawful owner or master, or any slave dying under
-moderate correction";[71] and a very similar provision was made by the
-laws of Georgia.[72] In other words, a correction causing the death of
-the victim {429} was not necessarily immoderate in the eye of the law.
-In a still higher degree the life of the slave was endangered by
-another law, which prevailed universally both in the Slave-States and
-in the British Colonies. Neither a slave, nor a free negro, nor any
-descendant of a native of Africa whatever might be the shade of his
-complexion, could be a witness against a white person, either in a
-civil or criminal case.[73] This law placed the slave, who was seldom
-within the view of more than one white man at a time, entirely at the
-mercy of this individual, and its consequences were obvious. Speaking
-of slavery in the United States in 1853, Mr. Goodell remarks:--"Upon
-the most diligent inquiry and public challenge, for fifteen or twenty
-years past, not one single case has yet been ascertained in which,
-either during that time or previously, a master killing his slave, or
-indeed any other white man, has suffered the penalty of death for the
-murder of a slave." Nevertheless, murders of slaves by white men had
-been notoriously frequent.[74]
-
-[Footnote 67: Stephen, _Slavery of the British West India Colonies
-delineated_, i. 36, 38.]
-
-[Footnote 68: _Code Noir_, Édit donné au mois de Mars 1724, art. 39,
-p. 304.]
-
-[Footnote 69: Brevard, _Digest of the Public Statute Law of South
-Carolina_, ii. 240 _sq._ Stroud, _Laws relating to Slavery in the
-United States of America_, p. 55 _sq._]
-
-[Footnote 70: Stroud, _op. cit._ p. 64.]
-
-[Footnote 71: Caruthers and Nicholson, _Compilation of the Statutes of
-Tennessee_, p. 677.]
-
-[Footnote 72: Prince, _Digest of the Laws of the State of Georgia_,
-p. 787.]
-
-[Footnote 73: Brevard, _op. cit._ ii. 242. Stroud, _op. cit._ p. 106
-_sq._ Stephen, _Slavery of the British West India Colonies_, i. 166,
-174. In the French Colonies, also, slaves could not be legal
-witnesses, but their testimony might be heard by the judge, merely to
-serve as a suggestion, or unauthenticated information, which might
-throw light on the evidence of other witnesses (_Code Noir_, Édit du
-mois de Mars 1685, art. 30, p. 44).]
-
-[Footnote 74: Goodell, _American Slave Code in Theory and Practice_,
-p. 209 _sq._]
-
-That the life of a slave is held in so little regard is due to that
-want of sympathy with his fate which accounts also for his unfree
-condition, and to the proprietary rights over him which, in
-consequence, have been granted to his master. For similar reasons the
-killing of a freeman by a slave, especially if the victim be his
-owner, is commonly punished more severely than if the same act were
-done by a free person. The less the sympathy felt for an individual,
-the more intense is the resentment which he excites by offensive
-behaviour. According to the Chinese Penal Code, a slave who designedly
-kills, or strikes so as to kill, his master, shall suffer death "by a
-slow and painful execution."[75] Plato says that, if a slave
-voluntarily murders a freeman, {430} the public executioner shall lead
-him in the direction of the sepulchre of the dead man, to a place
-whence he can see the tomb, and after inflicting upon him as many
-stripes as the complainant shall order, put the murderer, if he
-survives the scourging, to death.[76] Though the slave has committed
-the act in a fit of passion, the relatives of the deceased shall
-nevertheless be under an obligation to kill him, and this may be done
-in any manner they please;[77] nay, even in self-defence a slave is
-not allowed to kill a freeman, any more than a son is allowed to kill
-his father.[78] At Rome, also, a slave was more heavily punished for
-the commission of homicide than a freeman.[79] Says the ancient
-jurist, "Maiores nostri in omni supplicio severius servos quam liberos
-famosos quam integræ famæ homines punierunt."[80]
-
-[Footnote 75: _Ta Tsing Leu Lee_, sec. cccxiv. p. 338.]
-
-[Footnote 76: Plato, _Leges_, ix. 872.]
-
-[Footnote 77: _Ibid._ ix. 868.]
-
-[Footnote 78: _Ibid._ ix. 869.]
-
-[Footnote 79: Mommsen, _Römisches Strafrecht_, p. 631 _sq._]
-
-[Footnote 80: _Digesta_, xlviii. 19. 28. 16.]
-
-       *       *       *       *       *
-
-In the estimate of life a distinction is made not only between freemen
-and slaves, but between different classes of freemen. Among certain
-peoples a person who kills a chief is punished with death, though
-murder is not generally a capital offence.[81] Where the system of
-compensation prevails, the blood-price very frequently varies
-according to the station or rank of the victim.[82] Among the Rejangs
-of Sumatra the compensation for the murder of a superior chief is five
-hundred dollars, for that of an inferior chief two hundred and fifty
-dollars; for that of a common person, man or boy, eighty dollars; for
-that of a common person, woman or girl, one hundred and fifty dollars;
-for the legitimate child or wife of a superior chief, two hundred and
-fifty dollars.[83] The body of every Ossetian has {431} a settled
-value in the eyes of the judges, which seems to be fixed by public
-opinion; thus the father of a family bears a higher value than an
-unmarried man, and a noble is rated at twice as much as an ordinary
-freeman.[84] In Eastern Tibet the murderer of a man of the upper class
-is fined 120 bricks of tea, the murderer of a middle-class man only
-80, and so on down through the social scale, the life of a beggar
-being valued at a nominal amount only; but if the victim was a lama,
-the murderer has to pay a much higher price, possibly 300 bricks.[85]
-According to the doctrine of modern Buddhism, "when the life of a man
-is taken, the demerit increases in proportion to the merit of the
-person slain."[86] The laws of the Brets and Scots estimated the life
-of the king of Scots at a thousand cows; that of an earl's son, or a
-thane, at a hundred cows; that of a villein, at sixteen cows.[87] A
-similar system prevailed among the Celtic peoples generally,[88] as
-also among the Teutons. A man's _wergeld_, or life-price, varied
-according to his rank, birth, or office; and so minutely was it
-graduated, that a great part of many Teutonic laws was taken up by
-provisions fixing its amount in different cases.[89] In English laws
-of the Norman age the _wer_ of a _villanus_ is still only reckoned at
-_£_4, whilst that of the _homo plene nobilis_ is _£_25.[90]
-
-[Footnote 81: Woodthorpe, in _Jour. Anthr. Inst._ xxvi. 21 (Shans).
-Shooter, _Kafirs of Natal_, p. 103.]
-
-[Footnote 82: Maclean, _Compendium of Kafir Laws and Customs_, p. 144.
-Casalis, _Basutos_, p. 225. Ellis, _Tshi-speaking Peoples of the Gold
-Coast_, p. 301. Munzinger, _Ostafrikanische Studien_, pp. 242 _sq._
-(Marea), 314 (Beni Amer). Forbes, _A Naturalist's Wanderings in the
-Eastern Archipelago_, p. 145 (Lampongers of Sumatra). Modigliani,
-_Viaggio a Nías_, p. 494. Richardson, _Arctic Searching Expedition_,
-i. 386 (Kutchin). Gibbs, _loc. cit._ p. 190 (Indians of Western
-Washington and North-western Oregon). Paget, _Hungary and
-Transylvania_, ii. 411 n. (Hungarians).]
-
-[Footnote 83: Crawfurd, _History of the Indian Archipelago_, iii. 112.]
-
-[Footnote 84: von Haxthausen, _Transcaucasia_, p. 409. Kovalewsky,
-_Coutume contemporaine_, p. 355 _sqq._]
-
-[Footnote 85: Rockhill, _Land of the Lamas_, p. 221.]
-
-[Footnote 86: Hardy, _Manual of Budhism_, p. 478.]
-
-[Footnote 87: Innes, _Scotland in the Middle Ages_, p. 180 _sq._]
-
-[Footnote 88: _Ancient Laws of Ireland_, iii. 103, &c. Skene, _Celtic
-Scotland_, iii. 152. de Valroger, _Les Celtes_, p. 471.]
-
-[Footnote 89: Grimm, _Deutsche Rechtsalterthümer_, pp. 272-275, 289.
-Brunner, _Deutsche Rechtsgeschichte_, i. 104, 105, 107, 108, 224, 247
-_sqq._ Kemble, _Saxons in England_, i. 276 _sqq._]
-
-[Footnote 90: _Leges Henrici I._ lxx. 1; lxxvi. 4. _Cf._ _Laws of
-William the Conqueror_, i. 8.]
-
-The magnitude of the crime, however, may depend not only on the rank
-of the victim, but on the rank of the manslayer as well.[91] Among the
-Philippine Islanders, "murder committed by a slave was punished with
-death--committed by a person of rank, was indemnified by {432}
-payments to the injured family."[92] In Fijian estimation, says Mr.
-Williams, offences "are light or grave according to the rank of the
-offender. Murder by a chief is less heinous than a petty
-**larceny committed by a man of low rank."[93] Among the
-E[(w]e-speaking peoples of the Slave Coast, "in cases of murder and
-manslaughter, if the homicide be of rank superior to the person
-killed, he pays the compensation demanded by the family of the latter,
-or, in default of payment, forfeits his own life. If the homicide be
-of equal rank with the person killed, the family of the deceased have
-the right to demand his life, though compensation is usually accepted;
-but when he is lower in rank his life is nearly always forfeited."[94]
-Very similar rules prevail among the Tshi-speaking peoples of the Gold
-Coast.[95] Among the Marea, if a nobleman kills another nobleman, the
-family of the deceased generally take revenge on him; whereas, if a
-commoner kills a nobleman, he is not only executed himself, but his
-property is confiscated and his nearest relatives become subject to
-the murdered man's family.[96] According to the religious law of
-Brahmanism, the enormity of all crimes depends on the caste of him who
-commits them, and on the caste of him against whom they are
-committed.[97] If a Brâhmana slays a Brâhmana, the king shall brand
-him on the forehead with a heated iron and banish him from his realm,
-but if a man of a lower caste murders a Brâhmana, he shall be punished
-with death and the confiscation of all his property.[98] If such a
-person slays a man of equal or lower caste, other suitable punishments
-shall be inflicted upon him.[99] A fine of a thousand cows is the
-penalty for slaying a Kshatriya, that of a hundred for slaying a
-Vaisya, and that of ten cows only for slaying a Sûdra.[100] In Rome,
-also, at a certain period of its history, the {433} offence was
-magnified in proportion to the insignificance of the offender. During
-the Republic there was no law sanctioning such a distinction, with
-reference to crimes committed by free citizens; but from the beginning
-of the Empire, the citizens were divided into privileged classes and
-commonalty--_uterque ordo_ and _plebs_--and, whilst a commoner who was
-guilty of murder was punished with death, a murderer belonging to the
-privileged classes was generally punished with _deportatio_ only.[101]
-In the Middle Ages a similar privilege was granted by Italian and
-Spanish laws to manslayers of noble birth.[102]
-
-[Footnote 91: These two principles do not always go together. Among
-the Rejangs the amount of the blood-money is not proportioned to the
-rank and ability of the murderer, but regulated only by the quality of
-the person murdered (Marsden, _op. cit._ p. 246).]
-
-[Footnote 92: Bowring, _Visit to the Philippine Islands_, p. 123.]
-
-[Footnote 93: Williams and Calvert, _Fiji_, p. 22.]
-
-[Footnote 94: Ellis, _E[(w]e-speaking Peoples_, p. 223.]
-
-[Footnote 95: _Idem_, _Tshi-speaking Peoples_, p. 301.]
-
-[Footnote 96: Munzinger, _Ostafrikanische Studien_, p. 242, _sq._
-_Cf._ _ibid._ p. 314 (Beni Amer).]
-
-[Footnote 97: Hopkins, _Religions of India_, p. 263.]
-
-[Footnote 98: _Baudháyana_, i. 10. 18. 18 _sq._]
-
-[Footnote 99: _Ibid._ i. 10. 18. 20.]
-
-[Footnote 100: _Ibid._ i. 10. 19. 1 _sq._]
-
-[Footnote 101: Mommsen, _Römisches Strafrecht_, pp. 650, 1032 _sqq._]
-
-[Footnote 102: Du Boys, _Histoire du droit criminel des peuples
-modernes_, ii. 402. _Idem_, _Histoire du droit criminel de l'Espagne_,
-pp. 357, 359. _Cf._ _ibid._ p. 635 _sq._]
-
-In a society which is divided into different classes, persons
-belonging to a higher class are naturally apt to sympathise more with
-their equals than with their inferiors. An injury inflicted on one of
-the former tends to arouse in them a higher degree of sympathetic
-resentment than a similar injury inflicted on one of the latter. So,
-also, their resentment towards the criminal will, _ceteris paribus_,
-be more intense if he is a person of low rank than if he is one of
-themselves. Where the superior class, as was originally the case
-everywhere, are the leaders of such a society, their feelings will
-find expression in its customs and laws, and thus moral distinctions
-will arise which are readily recognised by the common people also,
-owing to the admiration with which they look up to those above them.
-But in a progressive society this state of things will not last. The
-different classes gradually draw nearer to each other. The once
-all-powerful class loses much of its exclusiveness, as well as of its
-importance and influence. Sympathy expands. In consequence,
-distinctions which were formerly sanctioned by custom and law come to
-be regarded as unjust prerogatives, worthy only of abolition. And it
-is at last admitted that each member of the society is born with an
-equal claim to the most sacred of all human rights, the right to
-live.
-
-
-
-
-CHAPTER XIX
-
-HUMAN SACRIFICE
-
-
-IT still remains for us to consider some particular cases in which
-destruction of human life is sanctioned by custom or law.
-
-Men are killed with a view to gratifying the desires of superhuman
-beings. We meet with human sacrifice in the past history of every
-so-called Aryan race.[1] It occurred, at least occasionally, in
-ancient India, and several of the modern Hindu sects practised it even
-in the last century.[2] There are numerous indications that it was
-known among the early Greeks.[3] At certain times it prevailed in the
-Hellenic cult of Zeus;[4] indeed, in the second century after Christ
-men seem still to have been sacrificed to Zeus Lycæus in Arcadia.[5]
-To the historic age likewise belongs the sacrifice of the three
-Persian prisoners of war whom Themistocles was compelled to slay
-before the battle of Salamis.[6] In Rome, also, human sacrifices,
-though {435} exceptional, were not unknown in historic times.[7] Pliny
-records that in the year 97 B.C. a decree forbidding such sacrifices
-was passed by the Roman Senate,[8] and afterwards the Emperor Hadrian
-found it necessary to renew this prohibition.[9] Porphyry asks, "Who
-does not know that to this day, in the great city of Rome, at the
-festival of Jupiter Latiaris, they cut the throat of a man?"[10] And
-Tertullian states that in North Africa, even to the proconsulship of
-Tiberius, infants were publicly sacrificed to Saturn.[11] Human
-sacrifices were offered by Celts,[12] Teutons,[13] and Slavs;[14] by
-the ancient Semites[15] and Egyptians;[16] by the Japanese in early
-days;[17] and, in the New World, by the Mayas[18] and, to a frightful
-extent, by the Aztecs. "Scarcely any author," says Prescott in his
-'History of the Conquest of Mexico,' "pretends to estimate the yearly
-sacrifices throughout the empire at less than twenty thousand, and
-some carry the number as high as fifty thousand."[19] The same
-practice is imputed by Spanish writers to the Incas of Peru, and
-probably not without good reason.[20] Before their rule, at all
-events, it {436} was of frequent occurrence among the Peruvian
-Indians.[21] It also prevailed, or still prevails, among the
-Caribs[22] and some North American tribes;[23] in various South Sea
-islands, especially Tahiti and Fiji;[24] among certain tribes in the
-Malay Archipelago;[25] among several of the aboriginal tribes of
-India;[26] and very commonly in Africa.[27]
-
-[Footnote 1: See Hehn, _Wanderings of Plants and Animals from their
-First Home_, p. 414 _sqq._]
-
-[Footnote 2: Weber, _Indische Streifen_, i. 54 _sqq._ Wilson, 'Human
-Sacrifices in the Ancient Religion of India,' in _Works_, ii. 247
-_sqq._ Oldenberg, _Religion des Veda_, p. 363 _sqq._ Barth, _Religions
-of India_, p. 57 _sqq._ Monier Williams, _Br[=a]hmanism and
-Hind[=u]ism_, p. 24. Hopkins, _Religions of India_, pp. 198, 363.
-Rájendralála Mitra, _Indo-Aryans_, ii. 69 _sqq._ Crooke, _Popular
-Religion and Folk-Lore of Northern India_, ii. 167 _sqq._ Chevers,
-_Manual of Medical Jurisprudence for India_, p. 396 _sqq._]
-
-[Footnote 3: See Geusius, _Victimæ Humanæ_, _passim_; von Lasaulx,
-_Sühnofper der Griechen und Römer_, _passim_; Farnell, _Cults, of the
-Greek States_, i. 41 _sq._; Stengel, _Die griechischen Kultusaltertümer_,
-p. 114 _sqq._]
-
-[Footnote 4: _Cf._ Farnell, _op. cit._ i. 93; Stengel, _op. cit._
-p. 116.]
-
-[Footnote 5: Pausanias, viii. 38. 7.]
-
-[Footnote 6: Plutarch, _Themistocles_, 13.]
-
-[Footnote 7: _Idem_, _Questiones Romanæ_, 83. See Landau, in _Am
-Ur-Quell_, iii. 1892, p. 283 _sqq._]
-
-[Footnote 8: Pliny, _Historia naturalis_, xxx. 3.]
-
-[Footnote 9: Porphyry, _De abstinentia ab esu animalium_, ii. 56.]
-
-[Footnote 10: _Ibid._ ii. 56.]
-
-[Footnote 11: Tertullian, _Apologeticus_, 9 (Migne, _Patrologiæ
-cursus_, i. 314).]
-
-[Footnote 12: Cæsar, _De bello gallico_, vi. 16. Tacitus, _Annales_,
-xiv. 30. Diodorus Siculus, _Bibliotheca_, v. 31, p. 354. Pliny,
-_Historia naturalis_, xxx. 4. Strabo, iv. 5, p. 198. Joyce, _Social
-History of Ancient Ireland_, i. 281 _sqq._]
-
-[Footnote 13: Tacitus, _Germania_, 9. Adam of Bremen, _Gesta
-Hammaburgensis ecclesiæ pontificum_, iv. 27 (Migne, _op. cit._ cxlvi.
-644). Grimm, _Teutonic Mythology_, i. 44 _sqq._ Vigfusson and Powell,
-_Corpus Poeticum Boreale_, i. 409 _sq._ Freytag, 'Riesen und
-Menschenopfer in unsern Sagen und Märchen,' in _Am Ur-Quell_, i. 1890,
-pp. 179-183, 197 _sqq._]
-
-[Footnote 14: Mone, _Geschichte des nordischen Heidenthums_, i. 119,
-quoted by Frazer, _Golden Bough_, ii. 52. Krauss, in _Am Ur-Quell_,
-vi. 1896, p. 137 _sqq._ (Servians).]
-
-[Footnote 15: Ghillany, _Die Menschenopfer der alten Hebräer_,
-_passim_. Robertson Smith, _Religion of the Semites_, p. 362 _sqq._
-Wellhausen, _Reste arabischen Heidentums_, p. 115 _sq._ von Kremer,
-_Studien zur vergleichenden Culturgeschichte_, i. 42 _sqq._ Chwolsohn,
-_Die Ssabier und der Ssabismus_, ii. 147 _sqq._]
-
-[Footnote 16: Amélineau, _L'évolution des idées morales dans l'Égypte
-Ancienne_, p. 12.]
-
-[Footnote 17: Griffis, _Religions of Japan_, p. 75. Lippert,
-_Seelencult_, p. 79.]
-
-[Footnote 18: Bancroft, _Native Races of the Pacific States_,
-ii. 704, 725.]
-
-[Footnote 19: Prescott, _History of the Conquest of Mexico_, p. 38.
-_Cf._ Clavigero, _History of Mexico_, i. 281; Acosta, _Natural and
-Moral History of the Indies_, ii. 346.]
-
-[Footnote 20: Acosta, _op. cit._ ii. 344. de Molina, 'Fables and Rites
-of the Yncas,' in _Narratives of the Rites and Laws of the Yncas_, pp.
-55, 56, 59. According to Cieza de Leon (_Segunda parte de la Crónica
-del Perú_, p. 100), the practice of human sacrifice has been much
-exaggerated by Spanish writers, but he does not deny its existence
-among the Incas; nay, he gives an account of such sacrifices (_ibid._
-p. 109 _sqq._). Sir Clements Markham seems to attach undue importance
-to the statement of Garcilasso de la Vega that human victims were
-never sacrificed by the Incas (_First Part of the Royal Commentaries
-of the Yncas_, i. 130, 131, 139 _sqq._ n. [dagger]). _Cf._ Prescott,
-_History of the Conquest of Peru_, p. 50 _sq._ n. 3.]
-
-[Footnote 21: Garcilasso de la Vega, _op. cit._ i. 50, 130.]
-
-[Footnote 22: Müller, _Geschichte der Amerikanischen Urreligionen_,
-p. 212 _sq._]
-
-[Footnote 23: _Ibid._ p. 142. _sqq._ Réville, _Religions des peuples
-non-civilisés_, i. 249 _sq._ Dorman, _Origin of Primitive
-Superstitions_, p. 208 _sqq._]
-
-[Footnote 24: Schneider, _Naturvölker_, i. 191 _sq._ Fornander,
-_Account of the Polynesian Race_, i. 129. Ellis, _Polynesian
-Researches_, i. 106, 346-348, 357 (Society Islanders). Williams,
-_Missionary Enterprises in the South Sea Islands_, p. 548 _sq._
-(especially the Hervey Islanders and Tahitians). von Kotzebue, _Voyage
-of Discovery_, iii. 248 (Sandwich Islanders). Lisiansky, _Voyage round
-the World_, pp. 81 _sq._ (Nukahivans), 120 (Sandwich Islanders). Gill,
-_Myths and Songs from the South Pacific_, p. 289 _sqq._ (Mangaians).
-Williams and Calvert, _Fiji_, pp. 188, 195; Wilkes, _Narrative of the
-U.S. Exploring Expedition_, iii. 97; Hale, _U.S. Exploring Expedition,
-Vol. VI. Ethnography and Philology_, p. 57 (Fijians). Codrington,
-_Melanesians_, p. 134 _sqq._]
-
-[Footnote 25: Ling Roth, _Natives of Sarawak and British North
-Borneo_, ii. 215 _sqq._ Bock, _Head-Hunters of Borneo_, p. 218 _sq._
-(Dyaks).]
-
-[Footnote 26: Woodthorpe, in _Jour. Anthr. Inst._ xxvi. 24 (Shans,
-&c.). Colquhoun, _Amongst the Shans_, p. 152 (Steins inhabiting the
-south-east of Indo-China). Lewin, _Wild Races of South-Eastern India_,
-p. 244 (Pankhos and Bunjogees). Godwin-Austen, in _Jour. Anthr. Inst._
-ii. 394 (Garo hill tribes). Dalton, _Descriptive Ethnology of Bengal_,
-pp. 147 (Bhúiyas), 176 (Bhúmij), 281 (Gonds), 285 _sqq._ (Kandhs).
-Hislop, _Aboriginal Tribes of the Central Provinces_, p. 15 _sq._
-(Gonds). Macpherson, _Memorials of Service in India_, p. 113 _sq._
-Campbell, _Wild Tribes of Khondistan_, _passim_ (Kandhs).]
-
-[Footnote 27: Schneider, _Religion der afrikanischen Naturvölker_, p.
-118. Reade, _Savage Africa_, p. 52 (Dahomans, &c.). Ling Roth, _Great
-Benin_, p. 63 _sqq._ Ellis, _E[(w]e-speaking Peoples of the Slave
-Coast_, p. 117 _sqq._ _Idem_, _Yoruba-speaking Peoples of the Slave
-Coast_, p. 296. _Idem_, _Tshi-speaking Peoples of the Gold Coast_, p.
-169 _sqq._ Cruickshank, _Eighteen Years on the Gold Coast_, ii. 173.
-Schoen and Crowther, _Expedition up the Niger_, p. 48 _sq._ (Ibos).
-Arnot _Garenganze_, p. 75 (Barotse). Arbousset and Daumas,
-_Exploratory Tour to the North-East of the Colony of the Cape of Good
-Hope_, p. 97 (Marimos, a Bechuana tribe). Macdonald, _Africana_, i. 96
-_sq._ (Eastern Central Africans). Ellis, _History of Madagascar_, i.
-422; Sibree, _The Great African Island_, p. 303 (Malagasy).]
-
-From this enumeration it appears that the practice of human sacrifice
-cannot be regarded as a characteristic of savage races. On the
-contrary, it is found much more {437} frequently among barbarians and
-semi-civilised peoples than among genuine savages, and at the lowest
-stages of culture known to us it is hardly heard of. Among some
-peoples the practice has been noticed to become increasingly prevalent
-in the course of time. In the Society Islands "human sacrifices, we
-are informed by the natives, are comparatively of modern institution:
-they were not admitted until a few generations antecedent to the
-discovery of the islands**";[28] and in ancient legends there seems to
-be certain indications that they were once prohibited in
-Polynesia.[29] In India human sacrifices were apparently much rarer
-among the Vedic people than among the Brahmanists of a later age.[30]
-We are told that such sacrifices were adopted by the Aztecs only in
-the beginning of the fourteenth century, about two hundred years
-before the conquest, and that, "rare at first, they became more
-frequent with the wider extent of their empire; till, at length,
-almost every festival was closed with this cruel abomination."[31] Of
-the Africans Mr. Winwood Reade remarks, "The more powerful the nation
-the grander the sacrifice."[32]
-
-[Footnote 28: Ellis, _Polynesian Researches_, i. 106.]
-
-[Footnote 29: Fornander, _op. cit._ i. 129.]
-
-[Footnote 30: Wilson, _Works_, ii. 268 _sq._]
-
-[Footnote 31: Prescott, _History of the Conquest of Mexico_, p. 36.]
-
-[Footnote 32: Reade, _Savage Africa_, p. 52.]
-
-Men offer up human victims to their gods because they think that the
-gods are gratified by such offerings. In many cases the gods are
-supposed to have an appetite for human flesh or blood.[33] The Fijian
-gods are described as "delighting in human flesh."[34] Among the
-Ooryahs of India the priest, when offering a human sacrifice to the
-war-god Manicksoro, said to the god, "The sacrifice we now offer you
-must eat."[35] Among the Iroquois, when an enemy was tortured at the
-stake, the savage executioners leaped around him crying, "To thee,
-Arieskoi, great spirit, we slay this victim, that thou mayest eat his
-flesh and be moved thereby to give us henceforth luck and {438}
-victory over our foes."[36] Among the ancient nations of Central
-America the blood and heart of the human victims offered in sacrifice
-were counted the peculiar portion of the gods.[37] Thus, in Mexico,
-the high-priest, after cutting open the victim's breast, tore forth
-the yet palpitating heart, offered it first to the sun, threw it then
-at the feet of the idol, and finally burned it; sometimes the heart
-was placed in the mouth of the idol with a golden spoon, and its lips
-were anointed with the victim's blood.[38]
-
-[Footnote 33: See Lippert, _Seelencult_, p. 77 _sqq._; Schneider,
-_Naturvölker_, i. 190.]
-
-[Footnote 34: Williams and Calvert, _op. cit._ p. 195.]
-
-[Footnote 35: Campbell, _Wild Tribes of Khondistan_, p. 211. _Cf._
-Macpherson, _Memorials of Service in India_, p. 120 (Kandhs).]
-
-[Footnote 36: Müller, _Geschichte der Amerikanischen Urreligionen_,
-p. 142.]
-
-[Footnote 37: Bancroft, _op. cit._ ii. 307, 310, 311, 707 _sqq._]
-
-[Footnote 38: Clavigero, _op. cit._ i. 279.]
-
-But the human victim is not always, as has been erroneously
-supposed,[39] intended to serve the god as a food-offering. The
-Tshi-speaking peoples of the Gold Coast, as Major Ellis observes,
-maintain that their gods require not only food, but attendants; "the
-ghosts of the human victims sacrificed to them are believed to pass at
-once into a condition of ghostly servitude to them, just as those
-sacrificed at the funerals of chiefs are believed to pass into a
-ghostly attendance."[40] Cieza de Leon mentions the prevalence of a
-similar belief among the ancient Peruvians. At the hill of Guanacaure,
-"on certain days they sacrificed men and women, to whom, before they
-were put to death, the priest addressed a discourse, explaining to
-them that they were going to serve that god who was being
-worshipped."[41]
-
-[Footnote 39: Réville, _Hibbert Lectures on the Native Religions of
-Mexico and Peru_, p. 75 _sq._ _Idem_, _Prolegomena of the History of
-Religions_, p. 132. Trumbull, _Blood Covenant_, p. 189. Steinmetz,
-_Endokannibalismus_, p. 60, n. 1. Schrader, _Reallexikon der
-indogermanischen Altertumskunde_, p. 603.]
-
-[Footnote 40: Ellis, _Tshi-speaking Peoples of the Gold Coast_, p. 169.]
-
-[Footnote 41: Cieza de Leon, _Segunda parte de Crónica del Perú_,
-p. 109.]
-
-Moreover, an angry god may be appeased simply by the death of him or
-those who aroused his anger, or of some representative of the
-offending community, or of somebody belonging to the kin of the
-offender. Among the E[(w]e-speaking peoples of the Slave Coast, "in
-the case of human victims the gods are not believed to devour the
-{439} souls; and as these souls are, by the majority of the natives,
-believed to proceed to Dead-land like all others, the object of human
-sacrifice seems to be to gratify or satiate the malignancy of the gods
-at the expense of chosen individuals, instead of leaving it to
-chance--the victims are in fact slain for the benefit of the community
-at large."[42] One reason why the human victims are so frequently
-criminals, is no doubt the intention of appeasing the god by offering
-up to him an individual who is hateful to him. The Sandwich Islanders
-"sacrifice culprits to their gods, as we sacrifice them in Europe to
-justice."[43] Among the Teutons the execution of a criminal was, in
-many cases at least, a sacrifice to the god whose peculiar cult had
-been offended by the crime.[44] Thus the Frisian law describes as an
-immolation to the god the punishment of one who violates his
-temple.[45] In ancient Rome the corn thief, if he was an adult, was
-hanged as an offering to Ceres;[46] and Ovid tells us that a priestess
-of Vesta who had been false to her vows of chastity was sacrificed by
-being buried alive in the earth, Vesta and Tellus being the same
-deity.[47] In consequence of the sacrilege of Menalippus and Comætho,
-who had polluted a temple of Artemis by their amours, the Pythian
-priestess ordained that the guilty pair should be sacrificed to the
-goddess, and that, besides, the people should every year sacrifice to
-her a youth and a maiden, the fairest of their sex.[48] The Hebrew
-_cherem_, or ban, was originally applied to malefactors and other
-enemies of Yahveh, and sometimes also to their possessions.
-"_Cherem_," says Professor Kuenen, "is properly dedication to Yahveh,
-which in reality amounted to destruction or annihilation. The persons
-who were {440} 'dedicated,' generally by a solemn vow, to Yahveh, were
-put to death, frequently by fire, whereby the resemblance to an
-ordinary burnt-offering was rendered still more apparent; their
-dwellings and property were also consumed by fire; their lands were
-left uncultivated for ever. Such punishments were very common in the
-ancient world. But in Israel, as elsewhere, they were at the same time
-religious acts."[49] The sacrifice of offenders has, in fact, survived
-in the Christian world, since every execution performed for the
-purpose of appeasing an offended and angry god may be justly called a
-sacrifice.[50]
-
-[Footnote 42: Ellis, _E[(w]e-speaking Peoples of the Slave Coast_,
-p. 119.]
-
-[Footnote 43: von Kotzebue, _op. cit._ iii. 248. _Cf._ Lisiansky, _op.
-cit._ 120.]
-
-[Footnote 44: von Amira, in Paul's _Grundriss der germanischen
-Philologie_, ii. pt. ii. 177. Brunner, _Deutsche Rechtsgeschichte_,
-ii. 587, 684 _sq._ Vigtusson and Powell, _op. cit._ i. 410. Gummere,
-_Germanic Origins_, p. 463.]
-
-[Footnote 45: _Lex Frisionum_, Additio sapientium, 12.]
-
-[Footnote 46: Granger, _Worship of the Romans_, p. 260.]
-
-[Footnote 47: Ovid, _Fasti_, vi. 457 _sq._ _Cf._ Mommsen, _Römisches
-Strafrecht_, p. 902.]
-
-[Footnote 48: Pausanias, vii. 19. 4.]
-
-[Footnote 49: Kuenen, _Religion of Israel_, i. 290 _sq._]
-
-[Footnote 50: See _supra_, p. 197 _sq._ For various instances of
-expiatory human sacrifice, involving vicarious atonement, see _supra_,
-p. 66 _sq._]
-
-It is impossible to discover in every special case in what respect the
-worshippers believe the offering of a fellow-creature to be gratifying
-to the deity. Probably they have not always definite views on the
-subject themselves. They know, or believe, that on some certain
-occasion, they are in danger of losing their lives; they attribute
-this to the designs of a supernatural being; and, by sacrificing a
-man, they hope to gratify that being's craving for human life, and
-thereby avert the danger from themselves. That this principle mainly
-underlies the practice of human sacrifice appears from the
-circumstances in which such sacrifices generally occur.
-
-Human victims are often offered in war, before a battle, or during a
-siege.
-
-Cæsar wrote of the Gauls, "They who are engaged in battles and
-dangers, either sacrifice men as victims, or vow that they will
-sacrifice them . . . ; because they think that unless the life of a
-man be offered for the life of a man, the mind of the immortal gods
-cannot be rendered propitious."[51] The Lusitanians sacrificed a man
-and a horse at the commencement of a military enterprise.[52] Before
-going to war, or before the beginning of a battle, or during a siege,
-the Greeks offered a human victim to ensure victory.[53] When
-hard-pressed in battle, {441} the King of Moab sacrificed his eldest
-son as a burnt offering on the wall.[54] In times of great calamities,
-such as war, the Phenicians sacrificed some of their dearest friends,
-who were selected by votes for this purpose.[55] During a battle with
-king Gelo of Syracuse, the general Hamilcar sacrificed innumerable
-human victims, from dawn to sunset;[56] and when Carthage was reduced
-to the last extremities, the noble families were compelled to give up
-two hundred of their sons to be offered to Baal.[57] In Hindu
-scriptures and traditions success in war is promised to him who offers
-a man in sacrifice.[58] In Jeypore "the blood-red god of battle" is
-propitiated by human victims. "Thus, on the eve of a battle, or when a
-new fort, or even an important village is to be built, or when danger
-of any kind is to be averted, this sanguinary being must be
-propitiated with human blood."[59] In Great Benin human blood was shed
-in a case of common danger when an enemy was at the gate of the
-city.[60] The Yorubas sacrifice men in times of national need.[61]
-Among the E[(w]e-speaking peoples of the Slave Coast, such sacrifices
-"are ordinarily only made in time of war, pestilence, or great
-calamity."[62] The Tahitians offered human sacrifices in seasons of
-war, or when war was in agitation.[63]
-
-[Footnote 51: Cæsar, _De bello gallico_, vi. 16.]
-
-[Footnote 52: Livy, _Epitome_, 49.]
-
-[Footnote 53: Pausanias, iv. 9. 4 _sqq._; ix. 17. 1. Plutarch,
-_Themistocles_, 13. _Idem_, _Aristides_, 9. _Idem_, _Pelopidas_, 21
-_sq._ Lycurgus, _Oratio in Leocratem_, (ch. 24) 99. Apollodorus,
-_Bibliotheca_, iii. 15. 4. Porphyry, _De abstinentia ab esu
-animalium_, ii. 56. Geusius, _op. cit._ i. ch. 16 _sq._ Stengel, _op.
-cit._ p. 115 _sq._]
-
-[Footnote 54: _2 Kings_, iii. 27.]
-
-[Footnote 55: Porphyry, _op. cit._ ii. 56.]
-
-[Footnote 56: Herodotus, vii. 167.]
-
-[Footnote 57: Diodorus Siculus, xx. 14.]
-
-[Footnote 58: Chevers, _op. cit._ p. 399.]
-
-[Footnote 59: Campbell, _Wild Tribes of Khondistan_, p. 52.]
-
-[Footnote 60: Ling Roth, _Great Benin_, p. 72.]
-
-[Footnote 61: Ellis, _Yoruba-speaking People of the Slave Coast_,
-p. 296.]
-
-[Footnote 62: _Idem_, _E[(w]e-speaking Peoples of the Slave Coast_, p.
-117.]
-
-[Footnote 63: Ellis, _Polynesian Researches_, i. 276 _sqq._, 346.]
-
-After a victory, captured enemies are sacrificed to the god to
-whose assistance the success is ascribed. This sacrifice has been
-represented as a thank-offering;[64] but, in many cases at least, it
-seems to be offered either to fulfil a vow previously made, or to
-induce the god to continue his favours for the future.[65] Among the
-Kayans of Borneo it is the custom that, when captives are brought to
-an enemy's country, "one should suffer death, to bring prosperity and
-abolish the curse of the enemy in their lands."[66]
-
-[Footnote 64: Diodorus Siculus, xx. 65 (Carthaginians). de Molina,
-_loc. cit._ p. 59 (Incas); &c.]
-
-[Footnote 65: Ellis, _Tshi-speaking Peoples_, p. 170. Cruickshank,
-_op. cit._ ii. 173. Dubois, _Character, Manners, and Customs of the
-People of India_, p. 488. Jordanes, _De origine actibusque Getarum_, 5
-(41). _Cf._ Jephthah's vow (_Judges_, xi. 30 _sqq._).]
-
-[Footnote 66: Brook, _Ten Years in Saráwak_, ii. 304 _sq._]
-
-Human sacrifices are offered for the purpose of stopping or preventing
-epidemics.
-
-{442} The Phenicians sacrificed "some of their dearest friends," not
-only in war, but in times of pestilence.[67] In similar circumstances
-the ancient Greeks had recourse to human sacrifices.[68] In seasons of
-great peril, as when a pestilence was raging, the ancient Italians
-made a vow that they would sacrifice every living being that should be
-born in the following spring.[69] In West Gothland, in Sweden, the
-people decreed a human sacrifice to stay the _digerdöd_, or Plague,
-hence two beggar children, having just then come in, were buried
-alive.[70] In Fur, in Denmark, there is a tradition that, for the same
-purpose, a child was interred alive in the burial ground.[71] Among
-the Chukchi, in 1814, when a sudden and violent disease had broken out
-and carried off both men and reindeer, the Shamans, after having had
-recourse in vain to their usual conjurations, determined that one of
-the most respected chiefs must be sacrificed to appease the irritated
-spirits.[72] In Great Benin, "when the doctors declared a man had died
-owing to Ogiwo, if they think an epidemic imminent, they can tell
-Overami [the king] that Ogiwo vex. Then he can take a man and a woman,
-all the town can fire guns and beat drums. The man and woman are
-brought out, and the head Jujuman can make this prayer: 'Oh, Ogiwo,
-you are very big man; don't let any sickness come for Ado. Make all
-farm good, and every woman born man son.'"[73] In the same country
-twelve men, besides various animals, were offered yearly on the
-anniversary of the death of Adolo, king Overami's father. King
-Overami, calling his father loudly by name, spoke as follows: "Oh,
-Adolo, our father, look after all Ado [that is, Great Benin], don't
-let any sickness come to us, look after me and my people, our slaves,
-cows, goats, and fowls, and everything in the farms."[74]
-
-[Footnote 67: Porphyry, _op. cit._ ii. 56.]
-
-[Footnote 68: Geusius, _op. cit._ i. ch. 13. Stengel, _op. cit._ p.
-116. Frazer, _Golden Bough_, iii. 125 _sq._]
-
-[Footnote 69: Festus, _De verborum significatione_, 'Ver sacrum,'
-Müller's edition, p. 379. Nonius Marcellus, _De proprietate sermonis_,
-'Versacrum,' p. 522. Servius, _In Virgilii Æneidos_, vii. 796.]
-
-[Footnote 70: Afzelius, _Swenska Folkets Sago-Häfder_, iv. 181.]
-
-[Footnote 71: Nyrop, _Romanske Mosaiker_, p. 69, n. 1.]
-
-[Footnote 72: von Wrangell, _Expedition to the Polar Sea_, p. 122 _sq._]
-
-[Footnote 73: Moor and Roupell, quoted by Read and Dalton,
-_Antiquities from the City of Benin_, p. 7; also by Ling Roth, _Great
-Benin_, p. 71 _sq._]
-
-[Footnote 74: Moor and Roupell, quoted by Ling Roth, _op. cit._ p. 70
-_sq._; also by Read and Dalton, _op. cit._ p. 6.]
-
-The sacrifice of human victims is resorted to as a method of putting
-an end to a devastating famine.
-
-{443} Instances of this practice are reported to have occurred among
-the ancient Greeks[75] and Phenicians.[76] In a grievous famine, after
-other great sacrifices, of oxen and of men, had proved unavailing, the
-Swedes offered up their own king Dómaldi.[77] Chinese annals tell us
-that there was a great drought and famine for seven years after the
-accession of T'ang, the noble and pious man who had overthrown the
-dynasty of Shang. It was then suggested at last by some one that a
-human victim should be offered in sacrifice to Heaven, and prayer be
-made for rain, to which T'ang replied, "If a man must be the victim I
-will be he."[78] Up to quite recent times, the priests of Lower Bengal
-have, in seasons of scarcity, offered up children to Siva; in the
-years 1865 and 1866, for instance, recourse was had to such sacrifices
-in order to avert famine.[79]
-
-[Footnote 75: Pausanias, vii. 19. 3 _sq._ Diodorus Siculus, iv. 61. 1
-_sqq._ Geusius, _op. cit._ i. ch. 14.]
-
-[Footnote 76: Porphyry, _op. cit._ ii. 56.]
-
-[Footnote 77: Snorri Sturluson, 'Ynglingasaga,' 15, in _Heimskringla_,
-i. 30.]
-
-[Footnote 78: Legge, _Religions of China_, p. 54.]
-
-[Footnote 79: Hunter, _Annals of Rural Bengal_, i. 128.]
-
-For people subsisting on agriculture a failure of crops means
-starvation and death,[80] and is, consequently, attributed to the
-murderous designs of a superhuman being, such as the earth spirit, the
-morning star, the sun, or the rain-god. By sacrificing to that being a
-man, they hope to appease its thirst for human blood; and whilst some
-resort to such a sacrifice only in case of actual famine, others try
-to prevent famine by making the offering in advance. This I take to be
-the true explanation of the custom of securing good crops by means of
-human sacrifice, of which many instances have been produced by Dr.
-Frazer.[81] There are obvious links between this custom and that of
-the actual famine-sacrifice. Thus the ancient Peruvians sacrificed
-children after harvest, when they prepared to make ready the land for
-the next year, not every year, however, but "only when the weather was
-not good, and seasonable."[82] In Great Benin, "if there is too much
-{444} rain, then all the people would come from farm and beg Overami
-[the king] to make juju, and sacrifice to stop the rain. Accordingly a
-woman was taken, a prayer made over her, and a message saluting the
-rain god put in her mouth, then she was clubbed to death and put up in
-the execution tree so that the rain might see. . . . In the same way
-if there is too much sun so that there is a danger of the crops
-spoiling, Overami can sacrifice to the Sun God."[83] The principle of
-substitution admits of a considerable latitude in regard to the stage
-of danger at which the offering is made; the danger may be more
-imminent, or it may be more remote. This holds good of various kinds
-of human sacrifice, not only of such sacrifices as are intended to
-influence the crops. I am unable to subscribe to the hypothesis
-cautiously set forth by Dr. Frazer, that the human victim who is
-killed for the purpose of ensuring good crops is regarded as a
-representative of the corn-spirit and is slain as such. So far as I
-can see, Dr. Frazer has adduced no satisfactory evidence in support of
-his supposition; whereas a detailed examination of various cases
-mentioned by him in connection with it indicates that they are closely
-related to human sacrifices offered on other occasions, and explicable
-from the same principle, that of substitution.
-
-[Footnote 80: _Cf._ Sleeman, _Rambles and Recollections_, i. 204
-_sqq._:--"In India, unfavourable seasons produce much more disastrous
-consequences than in Europe. . . . More than three-fourths of the
-whole population are engaged in the cultivation of the land, and
-depend upon its annual returns for subsistence. . . . Tens of
-thousands die here of starvation, under calamities of season, which in
-Europe would involve little of suffering to any class."]
-
-[Footnote 81: Frazer, _Golden Bough_, ii. 238 _sqq._]
-
-[Footnote 82: Herrera, _op. cit._ ii. 111.]
-
-[Footnote 83: Moor and Roupell, quoted by Read and Dalton, _op. cit._
-p. 7; also by Ling Roth, _Great Benin_, p. 71.]
-
-"The best known case of human sacrifices, systematically offered to
-ensure good crops," says Dr. Frazer, "is supplied by the Khonds or
-Kandhs." The victims, or Meriahs, are represented by our
-authorities[84] as being offered to propitiate the Earth goddess, Tari
-Pennu or Bera Pennu, but from their treatment both before and after
-death it appears to Dr. Frazer that the custom cannot be explained as
-merely a propitiatory sacrifice. The flesh and the ashes of the
-Meriah, he observes, were believed to possess a magic power of
-fertilising the land, quite independent of the indirect efficacy which
-they might have as an offering to secure the goodwill of the deity.
-For, though a part of the flesh was offered to the Earth Goddess, the
-rest of it {445} was buried by each householder in his fields, and the
-ashes of the other parts of the body were scattered over the fields,
-laid as paste on the granaries, or mixed with the new corn. The same
-intrinsic power was ascribed to the blood and tears of the Meriah, his
-blood causing the redness of the turmeric and his tears producing
-rain; and magic power as an attribute of the victim appears, also in
-the sovereign virtue believed to reside in anything that came from his
-person, as his hair or spittle. Considering further that, according to
-our authorities, the Meriah was regarded as "something more than
-mortal," or that "a species of reverence, which it is not easy to
-distinguish from adoration, is paid to him," Dr. Frazer concludes that
-he may originally have represented the Earth deity or perhaps a deity
-of vegetation, and that he only in later times came to be regarded
-rather as a victim offered to a deity than as himself an incarnate
-deity.[85]
-
-[Footnote 84: Campbell, _Wild Tribes of Khondistan_. Macpherson,
-_Memorials of Service in India_.]
-
-[Footnote 85: Frazer, _op. cit._ ii. 245 _sq._]
-
-The premise on which Dr. Frazer bases his argument appears to me
-quite untenable. It is an arbitrary supposition that the ascription of
-a magical power to the Meriah "indicates that he was much more than a
-mere man sacrificed to propitiate a deity."[86] A sacrifice is very
-commonly believed to be endowed with such a power, not as an original
-quality, but in consequence of its contact or communion with the
-supernatural being to which it is offered. Just as the Meriah of the
-Kandhs is taken round the village, from door to door, and some pluck
-hair from his head, while others beg for a drop of his spittle, so,
-among the nomadic Arabs of Morocco, at the Muhammedan "Great Feast," a
-man dressed in the bloody skin of the sheep which has been sacrificed
-on that occasion, goes from tent to tent, and beats each tent with his
-stick so as to confer blessings on its inhabitants. For he is now
-endowed with _l-baraka del-[(]id_, "the benign virtue of the feast";
-and the same power is ascribed to various parts of the sacrificed
-sheep, which are consequently used for magical purposes. If Dr.
-Frazer's way of arguing were correct we should have to conclude that
-the victim was originally the god himself, or a representative of the
-god, to whom it is now offered in sacrifice. But the absurdity of any
-such inference becomes apparent at once when we consider that, in
-Morocco, every offering to a holy person, for instance to a deceased
-saint, is considered to participate in its sanctity. When the saint
-has his feast, and animals and other presents are brought to his tomb,
-it is customary for his descendants--who have a right to the
-offerings--to distribute {446} some flesh of the slaughtered animals
-among their friends, thereby conferring _l-baraka_ of the saint upon
-those who eat it; and even candles which have been offered to the
-saint are given away for the same purpose, being instinct with his
-_baraka_. Of course, what holds good of the Arabs in Morocco does not
-necessarily hold good of the Kandhs of Bengal; but it should be
-remembered that Dr. Frazer's argument is founded on the notion that
-the ascription of a magic power to a victim which is offered in
-sacrifice to a god indicates that the victim was once regarded as a
-divine being or as the god himself; and the facts I have recorded
-certainly prove the arbitrariness of this supposition.
-
-[Footnote 86: _Ibid._ ii. 246.]
-
-This is by no means the only objection which may be raised against
-Dr. Frazer's hypothesis. In his description of the rite in question he
-has emphasised its connection with agriculture to a degree which is
-far from being justified by the accounts given by our authorities. Mr.
-Macpherson states that the human sacrifice to Tari Pennu was
-celebrated as a public oblation by tribes, branches of tribes, or
-villages, both at social festivals held periodically, and when special
-occasions demanded exceptional propitiations. It was celebrated "upon
-the occurrence of an extraordinary number of deaths by disease; or
-should very many die in childbirth; or should the flocks or herds
-suffer largely from disease, or from wild beasts; or should the
-greater crops threaten to fail"; while the occurrence of any marked
-calamity to the families of the chiefs, whose fortunes were regarded
-as the principal indication of the disposition of Tari towards their
-tribes, was held to be a token of wrath which could not be too
-speedily averted.[87] Moreover, besides these social offerings, the
-rite was performed by individuals to avert the wrath of Tari from
-themselves and their families, for instance, if a child, when watching
-his father's flock, was carried off by a tiger.[88] So, also, Mr.
-Campbell observes that the human blood was offered to the Earth
-goddess, "in the hope of thus obtaining abundant crops, averting
-calamity, and insuring general prosperity";[89] or that it was
-supposed "that good crops, and safety from all disease and accidents,
-were ensured by this slaughter."[90] According to another authority,
-Mr. Russell, the assembled multitude, when dancing round the victim,
-addressed the earth in the following words, "O God, we offer this
-sacrifice to you; give us good crops, seasons, and health."[91] Nor
-was the magic {447} virtue of the Meriah utilised solely for the
-benefit of the crops. According to one account, part of the flesh was
-buried near the village idol as an offering to the earth, and part on
-the boundaries of the village;[92] whilst in the invocation made by
-the priest, the goddess was represented as saying, "Let each man place
-a shred of the flesh in his fields, in his grain-store, and in his
-yard."[93] The ashes, again, were scattered over the fields, or "laid
-as paste over the houses and granaries."[94] It is also worth noticing
-that, among the Kandhs of Maji Deso, the offering was not at all made
-for the special purpose of obtaining cereal produce, "but for general
-prosperity, and blessings for themselves and families";[95] and that
-in the neighbouring principality, Chinna Kimedy, inhabited for the
-most part by Ooryahs, the sacrifice was not offered to the earth
-alone, "but to a number of deities, whose power is essential to life
-and happiness," especially to the god of war, the great god, and the
-sun god.[96] Now, whilst all these facts are in perfect agreement with
-the theory of substitution, they certainly do not justify the
-supposition that the Meriah was the representative of a deity of
-vegetation.
-
-[Footnote 87: Macpherson, _op. cit._ p. 113 _sq._ See, also, _ibid._
-pp. 120, 128 _sqq._]
-
-[Footnote 88: _Ibid._ p. 113 _sq._]
-
-[Footnote 89: Campbell, _op. cit._ p. 51.]
-
-[Footnote 90: _Ibid._ p. 56. _Cf._ _ibid._ p. 73.]
-
-[Footnote 91: Russell, quoted _ibid._ p. 54.]
-
-[Footnote 92: Russell, quoted _ibid._ p. 55.]
-
-[Footnote 93: Macpherson, _op. cit._ p. 122 _sq._]
-
-[Footnote 94: _Ibid._ p. 128.]
-
-[Footnote 95: Campbell, _op. cit._ p. 181.]
-
-[Footnote 96: _Ibid._ p. 120. _Cf._ _ibid._ p. 197:--Among the Ooryahs
-human sacrifice is "performed on important occasions, such as going to
-battle, building a fort in an important village, and to avert any
-threatened danger."]
-
-The same may be said about other cases mentioned by Dr. Frazer,
-when more closely examined. "The Indians of Guayaquil, in Ecuador," he
-says, "used to sacrifice human blood and the hearts of men when they
-sowed their fields."[97] But our authority, Cieza de Leon, adds that
-those Indians also offered human victims when their chiefs were sick
-"to appease the wrath of their gods."[98] "The Pawnees," Dr. Frazer
-writes, "annually sacrificed a human victim in spring when they sowed
-their fields. The sacrifice was believed to have been enjoined on them
-by the Morning Star, or by a certain bird which the Morning Star had
-sent to them as its messenger . . . . They thought that an omission of
-this sacrifice would be followed by the total failure of the crops of
-maize, beans, and pumpkins.[99] James, to whom Dr. Frazer refers, and
-other authorities say that the human sacrifice was a propitiatory
-offering made _to_ that star,[100] a planet which especially with the
-Skidi--the only section {448} of the Pawnees who offered human
-sacrifices--was an object of superstitious veneration.[101] Sickness,
-misfortune, and personal mishaps of various kinds were often spoken of
-as attributable to the incurred ill-will of the heavenly bodies;[102]
-and the object of the sacrifice to the morning star is expressly said
-to have been "to avert the evil influences exerted by that
-planet."[103] According to Mr. Dunbar, whose important[104] article
-dealing with the subject has escaped Dr. Frazer's notice, "the design
-of the bloody ordeal was to conciliate that being and secure a good
-crop. Hence," he continues, "it has been supposed that the morning
-star was regarded by them as presiding over agriculture, but this was
-a mistake. They sacrificed to that star because they feared it,
-imagining that it exerted malign influence if not well disposed. It
-has also been stated that the sacrifice was made annually. This, too,
-was an error. It was made only when special occurrences were
-interpreted as calling for it."[105] At the present day the Indians
-speak of the sacrifice as having been made to Ti-ra'-wa, the Supreme
-Being or the deity "who is in and of everything."[106] In the detailed
-account of the rite, which was given to Mr. Grinnell by an old chief
-who had himself witnessed it several times, it is said:--"While the
-smoke of the blood and the buffalo meat, and of the burning body,
-ascended to the sky, all the people prayed to Ti-ra'-wa, and walked by
-the fire and grasped handfuls of the smoke, and passed it over their
-bodies and over those of their children, and prayed Ti-ra'-wa to take
-pity on them, and to give them health, and success in war, and
-plenteous crops . . . . This sacrifice always seemed acceptable to
-Ti-ra'-wa, and when the Skidi made it they always seemed to have good
-fortune in war, and good crops, and they were always well."[107]
-According to this description, then, the human sacrifice of the
-Pawnees, like that of the Kandhs, was not an exclusively agricultural
-rite, but was performed for the purpose of averting dangers of various
-kinds. And this is also suggested by Mr. Dunbar's relation of the last
-instance of this sacrifice, which occurred in April, 1838. In the
-previous winter the Skidi, soon after starting on their hunt, had a
-successful fight with a band of Oglala Dacotahs, and fearing that the
-Dacotahs would retaliate by coming upon them in overwhelming force,
-{449} they returned for safety to their village before taking a
-sufficient number of buffaloes. "With little to eat, they lived
-miserably, lost many of their ponies from scarcity of forage, and,
-worst of all, one of the captives proved to have the small-pox, which
-rapidly spread through the band, and in the spring was communicated to
-the rest of the tribe. All these accumulated misfortunes the Ski'-di
-attributed to the anger of the morning star; and accordingly they
-resolved to propitiate its favour by a repetition of the sacrifice,
-though in direct violation of a stipulation made two years before that
-the sacrifice should not occur again."[108]
-
-[Footnote 97: Frazer, _op. cit._ ii. 238.]
-
-[Footnote 98: Cieza de Leon, _La Crónica del Perú_ [parte primera],
-ch. 55 (_Biblioteca de autores españoles_, xxvi. 409).]
-
-[Footnote 99: Frazer, _op. cit._ ii. 238.]
-
-[Footnote 100: James, _Expedition from Pittsburg to the Rocky
-Mountains_, i. 357. Grinnell, _Pawnee Hero Stories and Folk-Tales_, p.
-357. Dunbar, 'Pawnee Indians,' in _Magazine of American History_,
-viii. 738.]
-
-[Footnote 101: Dunbar, _loc. cit._ p. 738.]
-
-[Footnote 102: _Ibid._ p. 736.]
-
-[Footnote 103: Grinnell, _op. cit._ p. 357.]
-
-[Footnote 104: Mr. Dunbar is "born and reared among the Pawnees,
-familiar with them until early manhood, a frequent visitor to the
-tribe in later years" (Grinnell, _op. cit._ p. 213).]
-
-[Footnote 105: Dunbar, _loc. cit._ p. 738 _sq._]
-
-[Footnote 106: Grinnell, _op. cit._ pp. 357, 358, xvii.]
-
-[Footnote 107: _Ibid._ p. 367.]
-
-[Footnote 108: Dunbar, _loc. cit._ p. 740.]
-
-Nor is there any reason whatever to suppose that the Brahman boys
-whom the Gonds of India used to kidnap and keep as victims to be
-sacrificed on various occasions,[109] were regarded as representatives
-of a spirit or god. They were offered up to Bhímsen, the chief object
-of worship among the Gonds, represented by a piece of iron fixed in a
-stone or in a tree,[110] now "to sanctify a marriage, now to be wedded
-to the soil, and again to be given away to the evil spirit of the
-epidemic raging," or "on the eve of a struggle."[111]
-
-[Footnote 109: Frazer, _op. cit._ ii. 241.]
-
-[Footnote 110: _Panjab Notes and Queries_, § 550, vol. ii. 90.]
-
-[Footnote 111: _Ibid._ § 721, vol. ii. 127 _sq._]
-
-Dr. Frazer writes:--"At Lagos In Guinea it was the custom annually
-to impale a young girl alive soon after the spring equinox in order to
-secure good crops . . . . A similar sacrifice used to be annually
-offered at Benin."[112] But Dr. Frazer omits an important fact
-mentioned or alluded to by the two authorities he quotes which gives
-us the key to the custom, without suggesting that it has anything to
-do with the corn-spirit. Adams states that the young woman was impaled
-"to propitiate the favour of the goddess presiding over the rainy
-season, that she may fill the horn of plenty."[113] And M. Bouche
-observes, "Au Bénin, on a conservé jusqu'à présent un usage qui
-régnait jadis à Lagos et ailleurs: celui d'empaler une jeune fille, au
-commencement de la saison des pluies, afin de rendre les orichas
-propices aux récoltes."[114] From these statements it appears that the
-sacrifice was intended to influence the rain, on which the crops
-essentially depend. That its immediate object was to produce rain is
-expressly affirmed by Sir R. Burton. At Benin he saw "a young woman
-lashed to a scaffolding upon the summit of a tall blasted tree and
-being devoured by the turkey-buzzards. The people declared it to be a
-'fetish,' or {450} charm for bringing rain."[115] We have previously
-noticed that the people of Benin also have recourse to a human
-sacrifice if there is too much rain, or too much sun, so that the
-crops are in danger of being spoiled.[116] The theory of substitution
-accounts for all these cases.
-
-[Footnote 112: Frazer, _op. cit._ ii. 239.]
-
-[Footnote 113: Adams, _Sketches taken during Ten Voyages to Africa_,
-p. 25.]
-
-[Footnote 114: Bouche, _Sept ans en Afrique occidentale_, p. 132.]
-
-[Footnote 115: Burton, _Abeokuta_, i. 19 n.*]
-
-[Footnote 116: _Supra_, p. 443 _sq._]
-
-The practice of offering human victims for the purpose of
-preventing drought and famine by producing rain is apparently not
-restricted to West Africa. In the beginning of their year, the ancient
-Mexicans sacrificed many prisoners of war and children who had been
-purchased for that purpose, to the gods of water, so as to induce them
-to give the rain necessary for the crops.[117] The Pipiles of
-Guatemala celebrated every year two festivals which were accompanied
-by human sacrifices, the one in the beginning of the rainy season, the
-other in the beginning of the dry season.[118] In India, among the
-aboriginal tribes to the south-west of Beerbhoom, Sir W. W. Hunter
-"heard vague reports of human sacrifices in the forests, with a view
-to procuring the early arrival of the rains."[119] Without venturing
-to express any definite opinion on a very obscure subject which has
-already led to so many guesses,[120] I may perhaps be justified in
-here calling attention to the fact that Zeus Lycæus, in whose cult
-human sacrifices played a prominent part, was conceived of as a god
-who sent the rain.[121] It appears from ancient traditions or legends
-that the idea of procuring rainfall by means of such sacrifices was
-not unfamiliar to the Greeks. A certain Molpis offered himself to Zeus
-Ombrios, the rain-god, in time of drought.[122] Pausanias tells us
-that once, when a drought had for some time afflicted Greece,
-messengers were sent to Delphi to inquire the cause, and to beg for a
-riddance of the evil. The Pythian priestess told them to propitiate
-Zeus, and that Aeacus should be the intercessor; and then Aeacus, by
-sacrifices and prayers to Panhellenian Zeus, procured rain for
-Greece.[123] But Diodorus adds that the drought and famine, whilst
-ceasing in all other parts of the country, still continued in Attica,
-so that the {451} Athenians once more resorted to the Oracle. The
-answer was now given them that they had to expiate the murder of
-Androgeus, and that this should be done in any way his father, Minos,
-required. The satisfaction demanded by the latter was, that they every
-nine years should send seven boys and as many girls to be devoured by
-the Minotaur, and that this should be done as long as the monster
-lived. So the **Athenians did, and the calamity ceased.[124]
-
-[Footnote 117: Sahagun, _Historia general de las cosas de Nueva
-España_, i. 50. Torquemada, _Monarchia Indiana_, ii. 251. Clavigero,
-_op. cit._ i. 297.]
-
-[Footnote 118: Stoll, _Ethnologie der Indianerstämme von Guatemala_,
-p. 46.]
-
-[Footnote 119: Hunter, _Annals of Rural Bengal_, i. 128.]
-
-[Footnote 120: See Immerwahr, _Die Kulte und Mythen Arkadiens_, i. 16
-_sqq._ Professor Robertson Smith suggests ('Sacrifice,' in
-_Encyclopædia Britannica_, xxi. 136) that the human sacrifices offered
-to Zeus Lycæus were originally cannibal feasts of a wolf tribe.]
-
-[Footnote 121: Pausanias, viii. 38. 4. Farnell, _op. cit._ i. 41.]
-
-[Footnote 122: Farnell, _op. cit._ i. 42.]
-
-[Footnote 123: Pausanias, ii. 29. 7 _sq._]
-
-[Footnote 124: Diodorus Siculus, _op. cit._ iv. 61. 1 _sqq._]
-
-As an instance of the close relationship which exists between human
-sacrifices offered for agricultural purposes and other human
-sacrifices, the following case may also be mentioned. According to
-Strachey, the Indians in some part of Virginia had a yearly sacrifice
-of children. These sacrifices they held so necessary that if they
-should omit them, they supposed their gods "would let them no deare,
-turkies, corne, nor fish," and, besides, "would make a great slaughter
-amongst them."[125]
-
-[Footnote 125: Strachey, _History of Travaile into Virginia
-Britannia_, p. 95 _sq._]
-
-Men require for their subsistence not only food, but drink. Hence when
-the earth fails to supply them with water, they are liable to regard
-it as an attempt against their lives, which can be averted only by the
-sacrifice of a human substitute.
-
-In India, in former times, human victims were offered to several
-minor gods "whenever a newly excavated tank failed to produce
-sufficient water."[126] In Kâthiâwâr, for instance, if a pond had been
-dug and would not hold water, a man was sacrificed; and the Vadala
-lake in Bombay "refused to hold water till the local spirit was
-appeased by the sacrifice of the daughter of the village
-headman."[127] There is a legend that, when the bed of the Saugor lake
-remained dry, the builder "was told, in a dream, or by a priest, that
-it would continue so till he should consent to sacrifice his own
-daughter, then a girl, and the young lad to whom she had been
-affianced, to the tutelary god of the place. He accordingly built a
-little shrine in the centre of the valley, which was to become the bed
-of the lake, put the two children in, and built up the doorway. He had
-no sooner done so than the whole of the valley became filled with
-water."[128] When Colonel Campbell was rescuing Meriahs among the
-{452} Kandhs, it was believed by some that he was collecting victims
-for the purpose of sacrificing them on the plains to the water deity,
-because the water had disappeared from a large tank which he had
-constructed.[129] According to a story related by Pausanias, the
-district of Haliartus was originally parched and waterless, hence one
-of the rulers went to Delphi and inquired how the people should find
-water in the land. "The Pythian priestess commanded him to slay the
-first person he should meet on his return to Haliartus. On his arrival
-he was met by his son Lophis, and, without hesitation, he struck the
-young man with his sword. The youth had life enough left to run about,
-and where the blood flowed water gushed from the ground. Therefore the
-river is called Lophis."[130]
-
-[Footnote 126: Rájendralála Mitra, _op. cit._ ii. 111.]
-
-[Footnote 127: Crooke, _Popular Religion of Northern India_, ii. 174.]
-
-[Footnote 128: Sleeman, _Rambles_, i. 129 _sq._]
-
-[Footnote 129: Campbell, _Wild Tribes of Khondistan_, p. 129.]
-
-[Footnote 130: Pausanias, ix. 33. 4.]
-
-Human sacrifices are offered with a view to averting perils arising
-from the sea or from rivers.
-
-When the Greeks were afflicted by stress of weather at Aulis, they
-were bidden to sacrifice Iphigenia, in order to lull the winds.[131]
-Menelaus was persecuted by the Egyptians for sacrificing two children
-when he was desirous of sailing away and contrary winds detained
-him.[132] According to an Athenian writer, the colonists who first
-went to Lesbos were directed by an oracle to throw a virgin into the
-sea, as an offering to Poseidon.[133] Sextus Pompeius cast men into
-the sea as an offering to Neptune.[134] Hamilcar, also, following a
-custom of his country, threw a company of priests into the sea, as a
-sacrifice to the sea god.[135] The Saxons, when they were about to
-leave the coast of Gaul and sail home, sacrificed the tenth part of
-their captives.[136] The Vikings of Scandinavia, when launching a new
-ship, seemed to have bound a victim to the rollers on which the vessel
-slipped into the sea, thus reddening the keel with sacrificial
-blood.[137] In 1784, at the launching of one of the Bey of Tripoli's
-cruisers, a black slave was led forward and fastened at the prow of
-the vessel.[138] The Fijians launched their canoes over the living
-bodies of slaves as rollers,[139] or, according to {453} another
-account, when a large canoe was launched, they laid hold of the first
-person, man or woman, whom they encountered, and carried the victim
-home for a feast.[140] On the deck of a new boat belonging to the most
-powerful chief in the group, ten or more men were slaughtered, in
-order that it might be washed with human blood.[141]
-
-[Footnote 131: Aeschylus, _Agamemnon_, 215 _sq._]
-
-[Footnote 132: Herodotus, ii. 119.]
-
-[Footnote 133: Athenæus, _Deipnosophistæ_, xi. 15.]
-
-[Footnote 134: Dio Cassius, _Historia Romana_, xlviii. 48.]
-
-[Footnote 135: Diodorus Siculus, xiii. 86.]
-
-[Footnote 136: Sidonius Apollinaris, _Epistulæ_, viii. 6. 15.]
-
-[Footnote 137: Vigfusson and Powell, _op. cit._ i. 410; ii. 349.]
-
-[Footnote 138: Simpson, quoted by Grant Allen, _Evolution of the Idea
-of God_, p. 263.]
-
-[Footnote 139: Erskine, _Cruise among the Islands of the Western
-Pacific_, p. 249.]
-
-[Footnote 140: Wilkes, _U.S. Exploring Expedition_, iii. 97. _Cf._
-Williams and Calvert, _op. cit._ p. 175.]
-
-[Footnote 141: Wilkes, _op. cit._ iii. 97.]
-
-The Zuñi Indians have a tradition that the waters of their valley
-once rose in a flood and compelled the inhabitants to flee to a
-table-land several hundred feet high for safety; and when the waters
-still rose, threatening to submerge the table-land itself, the priest
-determined to sacrifice a youth and a maiden to propitiate them.[142]
-When Seleucus Nicator founded Antioch on the Orontes, the high priest
-sacrificed a virgin at a place between the town and the river,[143]
-presumably in order to prevent the town from being flooded by the
-river. When the converted Franks marched to Italy under their king,
-Theodebert, to fight against the Goths under Vitigis, and were on the
-point of crossing the Po, they sacrificed what children and wives of
-Goths they found, and threw their corpses into the river, according to
-Procopius, "as the first fruits of the war."[144] At Rome, every year
-on the Ides of May, the Vestal Virgins threw from the Sublician bridge
-into the Tiber thirty human effigies formed of rushes; the Romans
-themselves were of opinion that at an earlier period living men had
-been hurled into the river, and that it was Hercules who first
-substituted images of straw.[145] In West Africa human sacrifices are
-often offered to rivers. Major Ellis states that at each town or
-considerable village upon the banks of the river Prah sacrifice is
-held on a day about the middle of October, to Prah. "As loss of life
-frequently occurs in this river, from persons attempting to cross it
-when flooded, from a sudden rise, or from those hundred minor
-accidents which must always occur in the neighbourhood of a deep and
-strong stream, the gods of the Prah are considered very malignant. The
-sacrifice is, in consequence, proportionate. The usual sacrifice in
-former times was two human adults, one male and one female. They. . . .
-were decapitated on the bank of the river, and the stool and image
-of the god washed with their {454} blood. The bodies were then cut
-into a number of pieces, which were distributed amongst the mangroves,
-or the sedge bordering the river, for the crocodiles to eat;
-crocodiles being sacred in Prah."[146] According to M. le Comte de
-Cardi, all the river-side tribes of the Niger Delta used to propitiate
-the river deity by the sacrifice of a copper-coloured girl, procured
-from a tribe of Ibos inhabiting a country away in the hinterland of
-New Calabar, or in some places an Albino; and it seems that this
-custom is still practised in the British Protectorate.[147] The Ibos
-themselves were in the habit of throwing human beings into the river
-to be eaten by alligators or fishes, or to fasten them to trees or
-branches, close to the river, where they were left to perish by
-hunger.[148] In Eastern Central Africa, also, human sacrifices are
-offered to rivers.[149] And in the East Indies there are various
-traditions of such sacrifices being made to the divine crocodiles of
-the sea.[150]
-
-[Footnote 142: Stevenson, 'A Chapter of Zuñi Mythology,' in _Memoirs
-of the International Congress of Anthropology_, Chicago, p. 316.]
-
-[Footnote 143: Malala, _Chronographia_, viii. 255 (200).]
-
-[Footnote 144: Procopius, _Bellum Gothicum_, ii. 25.]
-
-[Footnote 145: Ovid, _Fasti_, 621 _sq._ Dionysius of Halicarnassus,
-_Antiquitates Romanæ_, i. 38. Hartland, _Legend of Perseus_, iii.
-78.]
-
-[Footnote 146: Ellis, _Tshi-speaking Peoples_, p. 64 _sq._ _Cf._
-_Idem_, _Land of Fetish_, p. 122.]
-
-[Footnote 147: Comte de Cardi, 'Ju-ju Laws and Customs in the Niger
-Delta,' in _Jour. Anthr. Inst._ xxix. 54. _Cf._ Mockler-Ferryman,
-_British Nigeria_, p. 235.]
-
-[Footnote 148: Schoen and Crowther, _op. cit._ p. 49.]
-
-[Footnote 149: Macdonald, _Africana_, i. 96.]
-
-[Footnote 150: Tylor, 'Anniversary Address,' in _Jour. Anthr. Inst._
-xxi. 408. Hartland, _op. cit._ iii. 70 _sq._]
-
-In the cases which we have hitherto considered the offering of human
-sacrifices is mostly a matter of public concern, a method of ensuring
-the lives of many by the death of one or a few. But human life is also
-sacrificed, by way of substitution, for the purpose of preventing the
-death of some particular individual, especially a chief or a king,
-from sickness, old age, or other circumstances.
-
-In Guatemala, in the case of a dangerous illness, human sacrifice
-was resorted to when all other attempts to cure the patient failed. Of
-the Indians of Guayaquil, Cieza de Leon states:--"When the chiefs were
-sick, to appease the wrath of their gods, and pray for health, they
-made . . . . sacrifices of a superstitious nature, killing men (as I
-was told), and believing that human blood was a grateful
-offering."[151] Acosta writes:--"They vsed in Peru to sacrifice yong
-children of foure or six yeares old vnto tenne; and the greatest parte
-of these sacrifices were for the affaires that did import the Ynca, as
-in sickness for his health, and when he went to the {455} warres for
-victory, or when they gave the wreathe to their new Ynca, which is the
-marke of a King, as heere the Scepter and the Crowne be. In this
-solemnitie they sacrificed the number of two hundred children, from
-foure to ten yeares of age . . . . If any Indian qualified or of the
-common sorte were sicke, and that the Divine told him confidently that
-he should die, they did then sacrifice his owne sonne to the Sunne or
-to Virachoca, desiring them to be satisfied with him, and that they
-would not deprive the father of life."[152] According to Molina, "the
-Lord Ynca offered sacrifices [of children] when he began to reign,
-that the _huacas_ [or idols] might give him health, and preserve his
-dominions in peace."[153] Herrera tells us that the ancient Peruvians,
-when any person of note was sick, and the priest predicted his death,
-sacrificed the patient's son, "desiring the idol to be satisfie'd with
-him, and not to take away his father's life."[154] Garcilasso de la
-Vega, again, denies the existence of any such custom in the kingdom of
-the Incas,[155] but asserts that, before their reign, the Indians of
-Peru offered up their own children on certain occasions.[156]
-According to Jerez, some of the Peruvian Indians sacrificed their own
-children each month, and anointed with the blood the faces of their
-idols and the doors of their temples.[157] The Tonga Islanders had a
-ceremony called _nawgia_, or the ceremony of strangling children as
-sacrifices to the gods, for the recovery of a sick relative. Our
-informant says:--"All the bystanders behold the innocent victim with
-feelings of the greatest pity; but it is proper, they think, to
-sacrifice a child who is at present of no use to society, and perhaps
-may not otherwise live to be, with the hope of recovering a sick
-chief, whom all esteem and whom all think it a most important duty to
-respect, defend, and preserve, that his life may be of advantage to
-the country."[158] The Tahitians offered human sacrifices during the
-illnesses of their rulers.[159] In the Philippines, if a prince was
-dangerously ill or dying, slaves were slaughtered in order to satisfy
-the malignant ancestral soul who was supposed to have caused the
-disease.[160] Among the Dyaks, when a raja "falls sick, or goes on a
-journey, it is {456} common for him to vow a head to his tribe in case
-of recovery or of safe return. Should he die, one or two heads are
-usually offered by the tribe as a kind of sacrifice."[161] Among the
-Banjârîlu of Southern India, who are great travelling traders, it was
-formerly the custom "before starting out on a journey to procure a
-little child, and bury it in the ground up to its shoulders, and then
-drive their loaded bullocks over the unfortunate victim, and in
-proportion to the bullocks thoroughly trampling the child to death, so
-their belief in a successful journey increased."[162] In India human
-sacrifices were also offered to the goddess Chandiká to save the life
-of a king.[163] It is probable that the idea of substitution likewise
-accounts for the sacrifice of a young girl which a certain raja is
-reported to have offered in 1861, at the shrine of the goddess Durga,
-in the town of Jaipúr, when he installed himself at his father's
-decease,[164] and for the sacrifice of a Brahmin which a raja of
-Ratanpúr had offered up to Deví every year.[165] In Great Benin, once
-a year, at the end of the rainy season, all the king's beads were
-brought out by the boys in whose care they were kept. They were put in
-a heap, and a slave was compelled to kneel down over them. The king
-cut or struck the head of the slave with a spear so that the blood ran
-over the beads, and said to them, "Oh, beads, when I put you on, give
-me wisdom and don't let any juju or bad thing come near me." Then the
-slave was told, "So you shall tell the head juju when you see him."
-The slave was led out and beheaded, but his head was brought in again,
-and the beads were touched with it.[166] Among the ancient Gauls
-persons who were troubled with unusually severe diseases either
-sacrificed men or promised that they would make such sacrifices.[167]
-In the Ynglingasaga we are told that King Aun sacrificed nine sons,
-one after the other, to Odin for the purpose of obtaining a
-prolongation of his life.[168] According to Macrobius, the ancient
-Romans immolated children to the goddess Mania, the mother of the
-Lares, "to promote the health of the families."[169] Suetonius states
-that Nero, frightened by the sight of a comet, sacrificed a number of
-Roman noblemen {457} in order to avert the disaster from himself.[170]
-Antinous, according to one account, sacrificed himself to prolong the
-life of Hadrian.[171] The notion that the death of one person may
-serve as a substitute for the death of another still prevails in the
-Vatican. When, during Leo XIII.'s last illness, one of the Cardinals
-died, it was said that his death had saved the life of the Pope,
-Heaven being satisfied with one victim. In Morocco, if a son or a
-daughter dies, it is customary to say to the afflicted parents, "Why
-are you sorry? Your child took away your misfortune (_bas_)." A
-similar custom prevails in Syria and Palestine.[172]
-
-[Footnote 151: Cieza de Leon, _La Crónica del Perú_ [parte primera],
-ch. 55 (_Biblioteca de autores españoles_, xxvi. 409).]
-
-[Footnote 152: Acosta, _op. cit._ ii. 344.]
-
-[Footnote 153: de Molina, _loc. cit._ p. 55.]
-
-[Footnote 154: Herrera, _General History of the West Indies_, iv. 347.]
-
-[Footnote 155: Garcilasso de la Vega, _op. cit._ i. 131.]
-
-[Footnote 156: _Ibid._ i. 50.]
-
-[Footnote 157: Jerez, 'Conquista del Perú,' in _Biblioteca de autores
-españoles_, xxvi. 327.]
-
-[Footnote 158: Mariner, _Natives of the Tonga Islands_, ii. 220.]
-
-[Footnote 159: Ellis, _Polynesian Researches_, i. 346.]
-
-[Footnote 160: Blumentritt, quoted by Wilken, 'Ueber das Haaropfer,'
-in _Revue coloniale internationale_, 1887, i. 364 _sq._]
-
-[Footnote 161: Pfeiffer, _A Lady's Second Journey round the World_,
-i. 86.]
-
-[Footnote 162: Cain, 'Bhadrachellam and Rekapalli Taluqas,' in _Indian
-Antiquary_, viii. 219.]
-
-[Footnote 163: Crooke, _Popular Religion in Northern India_, ii. 168.]
-
-[Footnote 164: _North Indian Notes and Queries_, § 310, vol. i. 40.]
-
-[Footnote 165: _Panjab Notes and Queries_, § 869, vol. ii. 162.]
-
-[Footnote 166: Moor and Roupell, quoted by Read and Dalton, _op. cit._
-p. 7; also by Ling Roth, _Great Benin_, p. 71.]
-
-[Footnote 167: Cæsar, _De bello gallico_, vi. 16.]
-
-[Footnote 168: Snorri Sturluson, 'Ynglingasaga,' 25, in
-_Heimskringla_, i. 45 _sqq._]
-
-[Footnote 169: Macrobius, _Saturnalia_, i. 7.]
-
-[Footnote 170: Suetonius, _Nero_, 36.]
-
-[Footnote 171: Spartian, _Vita Hadriani_, 14. Aurelius Victor, _De
-Cæsaribus_, 14. Dio Cassius, _Historia Romana_, lxix. 11.]
-
-[Footnote 172: Curtiss, _Primitive Semitic Religion To-day_, p. 208.]
-
-Men are sacrificed not only to preserve the lives of other men, but to
-help other men into existence. Barrenness is attributed to some god
-keeping back the children which would otherwise be born in the due
-course of nature. And in order to remove this obstacle a human being,
-generally a child, is sacrificed to serve, as it were, as a
-substitute. This I take to be the explanation of the practice of
-offering a human sacrifice with a view to promoting fecundity, a
-practice which has been particularly common in India.
-
-In the history of ancient Mexico we read of Nezahualcoyotl, prince
-of the Tezcucans, who had been married some years without being blest
-with issue. "The priests represented that it was owing to his neglect
-of the gods of his country, and that his only remedy was to propitiate
-them by human sacrifice."[173] In Hindu traditions and books a
-numerous offspring is promised to him who offers a man in
-sacrifice.[174] In Jainteapore, east of Sylhet, human sacrifices were
-made to the goddess Kali, in hopes of procuring progeny.[175] Speaking
-of the Mahadeo sandstone hills which, in the Sathpore range, overlook
-the Nerbudda to the south, Sir W. H. Sleeman states:--"When a woman is
-without children she makes votive offerings to all the gods who can,
-she thinks, assist her; and promises of still greater in case they
-should grant what she wants. Smaller promises being found of no avail,
-she at last promises her first-born, if a {458} male, to the god of
-destruction, Mahadeo. If she gets a son she conceals from him her vows
-till he has attained the age of puberty; she then communicates it to
-him, and enjoins him to fulfil it." From that moment he regards
-himself as devoted to the god, and, at the annual fair on the Mahadeo
-hills, throws himself from a perpendicular height of four or five
-hundred feet, and is dashed to pieces upon the rocks below.[176] In
-one of the tales of Somadeva an ascetic tells a woman that, if she
-killed her young son and offered him to the divinity, another son
-would certainly be born to her.[177] We meet with a similar idea in
-the story of king Somaka. For some time he did not succeed in getting
-a single son from any of his one hundred wives. Finally he got a
-single son; but he wanted more, and asked the family priest whether
-there was not a ceremony which could help him to a hundred sons. The
-family priest answered:--"O king! let me set on foot a sacrifice, and
-thou must sacrifice thy son, Jantu, in it. Then on no distant date, a
-century of handsome sons will be born to thee. When Jantu's fat will
-be put into the fire as an offering to the gods, the mothers will take
-a smell of that smoke, and bring forth a number of sons, valorous and
-strong. And Jantu also will once more be born as a self-begotten son
-of thine, in that very mother; and on his back there will appear a
-mark of gold." The son was sacrificed; the wives smelt the smell of
-the burnt-offering; all of them became with child; and when ten months
-had passed one hundred sons were born to Somaka, of whom Jantu was the
-eldest, being born of his former mother. But the family priest
-departed this life, and was grilled for a certain period in a terrible
-hell as a punishment for what he had done.[178]
-
-[Footnote 173: Prescott, _History of the Conquest of Mexico_, p. 91.]
-
-[Footnote 174: Chevers, _op. cit._ p. 399.]
-
-[Footnote 175: Macnaghten, quoted _ibid._ p. 397.]
-
-[Footnote 176: Sleeman, _op. cit._ i. 132 _sq._]
-
-[Footnote 177: Crooke, _Popular Religion of Northern India_, ii. 173.]
-
-[Footnote 178: _Mahabharata_, Vana Parva, 127 _sq._ (pt. vi.
-p. 188 _sq._).]
-
-Among certain peoples it is a regular custom to kill the firstborn
-child, or the firstborn son.
-
-Among some natives of Australia a mother used to kill and eat her
-first child, as this was believed to strengthen her for later
-births.[179] In New South Wales the firstborn of every lubra used to
-be eaten by the tribe "as part of a religious ceremony."[180] In the
-realm of Khai-muh, in China, according to {459} a native account, it
-was customary to kill and devour the eldest son alive.[181] Among
-certain tribes in British Columbia the first child is often sacrificed
-to the sun.[182] The Indians of Florida, according to Le Moyne de
-Morgues, sacrificed the firstborn son to the chief.[183] We are told
-that, among the people of Senjero in Eastern Africa, many families
-"must offer up their firstborn sons as sacrifices, because once upon a
-time, when summer and winter were jumbled together in a bad season,
-and the fruits of the field would not ripen, the sooth-sayers enjoined
-it."[184] The heathen Russians often sacrificed their firstborn to the
-god Perun.[185] The rule laid down in Exodus[186] and Numbers,[187]
-that all the firstborn of men and of beasts belonged to the Lord, but
-that the former were to be redeemed, seems to indicate the existence
-of an earlier custom among the Hebrews of offering up as a sacrifice,
-not only the firstling of an animal, but the firstborn child. As
-traces of such a custom may probably be regarded the story of
-Abraham's surrender of his firstborn son to God and the tradition of
-the origin of the Passover.[188] Among the Hindus, until the beginning
-of the last century, many parents sacrificed their firstborn to the
-river Ganges.[189]
-
-[Footnote 179: Brinton, _Religions of Primitive Peoples_, p. 17 n.*
-_Cf._ von Scherzer, _Reise der Oesterreichischen Fregatte Novara um
-die Erde_, iii. 32.]
-
-[Footnote 180: Brough Smyth, _Aborigines of Victoria_, ii. 311.]
-
-[Footnote 181: de Groot, _Religious System of China_ (vol. ii. book)
-i. 679.]
-
-[Footnote 182: Boas, in _Fifth Report on the North-Western Tribes of
-Canada_, pp. 46, 52.]
-
-[Footnote 183: Bry, _Narrative of Le Moyne_, Descriptions of the
-Illustrations, 34, p. 13. _Cf._ Lafitau, _M[oe]urs des sauvages
-ameriquains_, i. 181; Strachey, _op. cit._ p. 84.]
-
-[Footnote 184: Krapf, _Travels_, p. 69 _sq._]
-
-[Footnote 185: Mone, quoted by Frazer, _Golden Bough_, ii. 52.]
-
-[Footnote 186: _Exodus_, xiii. 2, 15.]
-
-[Footnote 187: _Numbers_, xviii. 15.]
-
-[Footnote 188: See Ghillany, _op. cit._ p. 494 _sqq._; Kuenen,
-_Religion of Israel_, ii. 92; Frazer, _op. cit._ ii. 47 _sqq._]
-
-[Footnote 189: Rájendralála Mitra, _op. cit._ ii. 70, 76.]
-
-In some instances the firstborn seems to be killed, not in sacrifice
-to a god, but for the purpose of being eaten as a kind of
-medicine.[190] In other cases the act is a sacrifice in the true sense
-of the word and, apparently, substitutional in character. Considering
-that children are occasionally sacrificed to save the lives of their
-parents, or for the health of the families, or to promote fecundity,
-it seems probable that the regular sacrifice of the firstborn has
-similar objects in view. This supposition, indeed, is strongly
-supported by some statements in which the motive of the act is
-expressly mentioned.[191] Among the {460} Coast Salish of British
-Columbia the first child is sacrificed to the sun "to secure health
-and happiness to the whole family."[192] The same is reported of a
-neighbouring people, the Kutonaqa. The mother prays to the sun:--"I am
-with child. When it is born I shall offer it to you. Have pity upon
-us."[193] Among some tribes of South-Eastern Africa it is a rule that,
-when a woman's husband has been killed in battle and she marries
-again, the first child to which she gives birth after her second
-marriage must be put to death, whether she has it by her first or her
-second husband. Such a child is called "the child of the assegai," and
-if it were not killed, death or accident would be sure to befall the
-second spouse, and the woman herself would be barren.[194] Among some
-peoples, including the ancient Hindus, we find the belief that the son
-is in some sense identical with his father, that he is a new birth, a
-new manifestation of the same person.[195] The new birth might be
-supposed to endanger the life of the father, just as, according to a
-notion prevalent among the ancient Teutons[196] and in some parts of
-Italy,[197] a person would soon die if his name were given to his son
-or grandson whilst he was still alive. Among the Brazilian Tupis the
-father was accustomed to take a new name after the birth of each new
-son;[198] whilst, on killing an enemy, a person used to take the
-enemy's name so as to annihilate not only his body but also his
-soul.[199] Among the Kafirs, "if a mother gives birth to twins, one is
-frequently killed by the father, for the natives think that unless the
-father places a lump of earth in the mouth of one of the babies he
-will lose his strength."[200] In some {461} cases the practice of
-killing the firstborn son might possibly be traced back to a similar
-belief. But I can quote no fact directly supporting this suggestion.
-
-[Footnote 190: _Cf._ _supra_, p. 401.]
-
-[Footnote 191: _Cf._ _Micah_, vi. 7: "Shall I give my firstborn for my
-transgression, the fruit of my body for the sin of my soul?"]
-
-[Footnote 192: Boas, _op. cit._ p. 46.]
-
-[Footnote 193: _Ibid._ p. 52.]
-
-[Footnote 194: Macdonald, _Light in Africa_, p. 156. Frazer, _op.
-cit._ ii. 51 _sq._]
-
-[Footnote 195: Hartland, _op. cit._ i. 217 _sq._ von den Steinen,
-_Unter den Naturvölkern Zentral-Brasiliens_, p. 336 _sq._ Leist,
-_Alt-arisches Jus Gentium_, p. 98 _sqq._ _Idem_, _Alt-arisches Jus
-Civile_, i. 189 _sqq._ _Laws of Manu_, ix. 8: "The husband, after
-conception by his wife, becomes an embryo and is born again of her."]
-
-[Footnote 196: Storm, quoted by Noreen, _Spridda Studier_, Anara
-Samlingen, p. 4.]
-
-[Footnote 197: Placucci, _Usi e pregiudizj dei contadini della
-Romagna_, p. 23.]
-
-[Footnote 198: von den Steinen, _op. cit._ p. 337.]
-
-[Footnote 199: Staden, quoted by Andree, _Anthropophagie_, p. 103.]
-
-[Footnote 200: Kidd, _The Essential Kafir_, p. 202. I am indebted to
-Mr. N. W. Thomas for drawing my attention to this statement.]
-
-Human sacrifices are offered in connection with the foundation of
-buildings. This is a wide-spread custom, which not only occurs among
-various uncivilised and semi-civilised peoples of the present day, but
-which is proved to have existed among the so-called Aryan races.[201]
-In India we find traces of it in traditions and popular beliefs.[202]
-The Hindu rajas, we are told, used to lay the foundation of public
-buildings in human blood.[203] When Mr. Grierson wanted to photograph
-a Bih[=a]r peasant house, the grandmother of the family refused to
-allow any of the children to appear in the picture, her reason being
-that the Government was building the bridge across the Gandak and
-wanted children to bury under the foundations.[204] Among the ancient
-Romans the old custom survived in the practice of placing statues or
-images under the foundations of their buildings.[205] In the island of
-Zacynthus the peasants to this day believe that in order to secure the
-durability of important buildings, such as bridges and fortresses, it
-is desirable to kill a man, especially a Muhammedan or a Jew, and bury
-him on the spot.[206] South Slavonian folk-tales speak of the
-immuration of a woman or a child as a foundation sacrifice.[207] In
-Servia no city was thought to be secure unless a human being, or at
-least the shadow of one, was built into its walls;[208] and the
-Bulgarians, when {462} going to build, are still said to take a thread
-and measure the shadow of some casual passer-by, and then bury the
-measure under the foundation-stone, expecting that the man whose
-shadow has been thus treated will soon die.[209] A similar custom
-prevails in Roumania.[210] According to Nennius, when Dinas Emris in
-Wales was founded by Gortigern, all the materials collected for the
-fortress were carried away in one night; and materials were thus
-gathered thrice, and were thrice carried away. When he then asked of
-his Druids, "Whence this evil?" the Druids told him that it was
-necessary to find a child whose father was unknown, put him to death,
-and sprinkle with his blood the ground on which the citadel was to be
-built.[211] A Scotch legend tells that, when St. Columba first
-attempted to build a cathedral on Iona, the walls fell down as they
-were erected; he then received supernatural information that they
-would never stand unless a human victim was buried alive, and, in
-consequence, his companion, Oran, was interred at the foundation of
-the structure.[212] It is reported that, when not long ago the Bridge
-Gate of Bremen city walls was demolished, the skeleton of a child was
-found embedded in the groundwork;[213] and when the new bridge at
-Halle, finished in 1843, was building, "the common people fancied a
-child was wanted to be walled into the foundations."[214]
-
-[Footnote 201: Sartori, 'Ueber das Bauopfer,' in _Zeitschrift für
-Ethnologie_, xxx. 5 _sqq._ Tylor, _Primitive Culture_, i. 104 _sqq._
-Baring-Gould, _Strange Survivals_, p. 4 _sqq._ Trumbull, _Threshold
-Covenant_, p. 46 _sqq._ Grant Allen, _Evolution of the Idea of God_,
-p. 249 _sqq._ Liebrecht, _Zur Volkskunde_, p. 284 _sqq._ Andree,
-_Ethnographische Parallelen_, p. 18 _sqq._ Nyrop, _Romanske Mosaiker_,
-p. 63 _sqq._ Krause, 'Das Bauopfer bei den Südslaven,' in
-_Mittheilungen der Anthropologischen Gesellschaft in Wien_, xvii. 18
-_sqq._ Wuttke, _Der deutsche Volksaberglaube der Gegenwart_, § 440,
-p. 300 _sq._]
-
-[Footnote 202: Winternitz, 'Bemerkungen über das Bauopfer bei den
-Indern,' in _Mittheil. Anthr. Gesellsch. in Wien_, xvii. [37] _sqq._]
-
-[Footnote 203: Wheeler, _History of India_, iv. 278.]
-
-[Footnote 204: Grierson, _Bih[=a]r Peasant Life_, p. 4.]
-
-[Footnote 205: Coote, 'A Building Superstition,' in _Folk-Lore
-Journal_, i. 23.]
-
-[Footnote 206: Schmidt, _Volksleben der Neu-Griechen_, p. 197.]
-
-[Footnote 207: Krauss, _loc. cit._ p. 19 _sqq._]
-
-[Footnote 208: Ralston, _Songs of the Russian People_, p. 127.]
-
-[Footnote 209: _Ibid._ p. 127. Krauss, _loc. cit._ p. 21.]
-
-[Footnote 210: _Folk-Lore Record_, iii. 283.]
-
-[Footnote 211: Nennius, _Historia Britonum_, Irish Version, ch. 18,
-p. 93.]
-
-[Footnote 212: Gomme, 'Some Traditions and Superstitions connected
-with Buildings,' in _The Antiquary_, iii. 11. Carmichael, _Carmina
-Gadelica_, ii. 316.]
-
-[Footnote 213: Baring-Gould, _Strange Survivals_, p. 5.]
-
-[Footnote 214: Grimm, _Teutonic Mythology_, iii. 1142.]
-
-It seems highly probable that the building-sacrifice, like other kinds
-of human sacrifice, is based on the idea of substitution. A new house
-or dwelling-place is commonly regarded as dangerous, a wall or a tower
-is liable to fall down and cause destruction of life, a bridge may
-break, or the person who crosses it may tumble into the water and be
-drowned. In the Babar Islands, before entering a new house, offerings
-are thrown inside, that the spirit, Orloo, may not make the {463}
-inmates ill.[215] Before the Sandwich Islanders could occupy their
-houses "offerings were made to the gods, and presents to the priest,
-who entered the house, uttered prayers, went through other ceremonies,
-and slept in it before the owner took possession, in order to prevent
-evil spirits from resorting to it, and to secure its inmates from the
-effects of incantation."[216] Among the Kayans of Borneo, on the
-occasion of the king or principal chief taking possession of a
-newly-built house, a human victim was killed, and the blood was
-sprinkled on the pillars and under the house.[217] The Russian peasant
-believes that the building of a new house "is apt to be followed by
-the death of the head of the family for which the new dwelling is
-constructed, or that the member of the family who is the first to
-enter it will soon die"; and, in accordance with a custom of great
-antiquity, the oldest member of a migrating household enters the new
-house first.[218] In German folk-tales "the first to cross the bridge,
-the first to enter the new building or the country, pays with his
-life."[219] Even nowadays, in the North of Europe, there is a
-wide-spread fear of being the first to enter a new building or of
-going over a newly-built bridge; "if to do this is not everywhere and
-in all cases thought to entail death, it is considered supremely
-unlucky."[220] This superstition has been interpreted as a survival of
-a previous sacrifice;[221] but there can be no doubt, I think, that
-the foundation sacrifice itself owes its origin to similar notions and
-fears of supernatural dangers. Uncultured people are commonly afraid
-of anything new, or of doing an act for the first time;[222] and,
-apart from this, the erecting of a new building is an intrusion upon
-{464} the land of the local spirit, and therefore likely to arouse its
-anger. There are houses which remain haunted by spirits all their
-time.[223] It is natural, then, that attempts should be made to avert
-the danger. And, human life being at stake, no preventive could be
-more effective than the offering up of a human victim.
-
-[Footnote 215: Riedel, _De sluik- en kroesharige rassen tusschen
-Selebes en Papua_, p. 343.]
-
-[Footnote 216: Ellis, _Polynesian Researches_, iv. 322.]
-
-[Footnote 217: Burns, 'Kayans of the North-West of Borneo,' in
-_Journal of the Indian Archipelago_, iii. 145.]
-
-[Footnote 218: Ralston, _Songs of the Russian People_, p. 126. _Cf._
-Krauss, _loc. cit._ p. 21 _sq._ (Southern Slavs).]
-
-[Footnote 219: Grimm, _Teutonic Mythology_, i. 45, n. 2.]
-
-[Footnote 220: Baring-Gould, _Strange Survivals_, p. 2. For various
-instances of similar beliefs, see Sartori, in _Zeitschr. f. Ethnol._
-xxx. 14 _sqq._; Crawley, _Mystic Rose_, p. 25.]
-
-[Footnote 221: Baring-Gould, _op. cit._ p. 4.]
-
-[Footnote 222: Crawley, _op. cit._ p. 25.]
-
-[Footnote 223: Westermarck, 'Nature of the Arab _[vG]inn_, illustrated
-by the Present Beliefs of the People of Morocco,' in _Jour. Anthr.
-Inst._ xxix. 253, 260.]
-
-On the other hand it is maintained that the foundation-sacrifice is
-partly, if not exclusively, performed for the purpose of converting
-the soul of the victim into a protecting demon.[224] This opinion, no
-doubt, has the support of beliefs actually held by some of the peoples
-who practise the rite. When the gate of the new city of Tavoy, in
-Tenasserim, was built, Mason was told by an eye-witness that a
-criminal was put in each post-hole to become a guardian spirit.[225]
-The Burmese kings used to have victims buried alive at the gates of
-their capitals, "so that their spirits might watch over the
-city."[226] Formerly, in Siam, "when a new city gate was being
-erected, it was customary for a number of officers to lie in wait near
-the spot, and seize the first four or eight persons who happened to
-pass by, and who were then buried alive under the gate-posts, to serve
-as guardian angels."[227] But whatever be the present notions of
-certain peoples concerning the object of the building-sacrifice, I do
-not believe that its primary object could have been to procure a
-spirit-guardian. According to early ideas, the ghost of a murdered man
-is not a friendly being, and least of all is he kindly disposed
-towards those who killed him. Several instances are known in which
-later generations have put upon human sacrifices an interpretation
-obviously foreign to their original purpose.[228] Thus, according to a
-North {465} German tradition, a master-builder was immured by a
-certain knight in the tower which he had built, as a punishment for
-boasting that he could have built a still finer tower if he had liked
-to do so.[229] An Indian raja, we are told, was once building a bridge
-over the river Jargoat Chunâr, and when it fell down several times he
-was advised to sacrifice a Brahman girl to the local deity; however,
-"she has now become the Marî or ghost of the place, and is regularly
-worshipped in time of trouble."[230] Considering that the
-foundation-sacrifice was offered for the purpose of protecting the
-living against the attacks of the spirit of the place, it is quite
-intelligible that the ghost of the victim came in time to be looked
-upon as a guardian spirit; and it was all the more natural to
-attribute to the dead the function of a guard in cases where he was
-buried at the gate. But he was buried there, I presume, simply because
-that spot was thought to be the most dangerous. The gate of a town
-corresponds to the entrance of a house, and the threshold has almost
-universally been regarded as the proper haunt of what the Moors call
-"the owners of the place."[231]
-
-[Footnote 224: Tylor, _Primitive Culture_, i. 106. Grant Allen, _op.
-cit._ p. 248 _sqq._ Lippert, _Christenthum, Volksglaube und
-Volksbrauch_, p. 456 _sq._ _Idem_, _Kulturgeschichte der Menschheit_,
-ii. 270. Gaidoz, in _Mélusine_, iv. 14 _sqq._ Sartori, in _Zeitsthr.
-f. Ethnol._ xxx. 32 _sqq._]
-
-[Footnote 225: Tylor, _Primitive Culture_, i. 107.]
-
-[Footnote 226: Woodthorpe, in _Jour. Anthr. Inst._ xxvi. 24. See also
-Shway Yoe, _The Burman_, i. 286.]
-
-[Footnote 227: Alabaster, _Wheel of the Law_, p. 212 _sq._ _Cf._
-Gaidoz, _loc. cit._ p. 14 _sq._]
-
-[Footnote 228: See Nyrop, _Romanske Mosaiker_, p. 73 _sqq._; also
-_infra_, p. 465 _sq._]
-
-[Footnote 229: Nyrop, _op. cit._ p. 73.]
-
-[Footnote 230: Crooke, _Popular Religion of Northern India_, ii. 174.]
-
-[Footnote 231: See Trumbull, _Threshold Covenant_, _passim_.]
-
-Whilst the man who is sacrificed is in some cases described as a
-guardian, he is in other cases regarded as a messenger. The Mayas of
-Yucatan maintained that the human victims whom they offered in times
-of distress were sent as messengers to the spirit-world to make known
-the wants of the people.[232] The same idea prevailed in Great Benin.
-When the head jujuman had said the prayer in which he asked Ogiwo to
-let no sickness come for Benin, he thus addressed the slaves who were
-going to be clubbed to death and tied in the sacrifice-trees:--"So you
-shall tell Ogiwo. Salute him proper."[233] A message was likewise sent
-to the head juju with the slave who was sacrificed to it;[234] and a
-message saluting the rain-god was put in the {466} mouth of the woman
-who was sacrificed when there was too much rain.[235] Mr. Ling Roth
-suggests that the main object of the human sacrifices which were
-offered in Benin "was the sending of prayers, by means of the special
-messengers, for the welfare of the community, to the spirits of the
-departed, or to other spirits, such as the spirits of the beads, the
-Rain-God, Sun-God, the God-Ogiwo"; and he thinks that this explains "a
-cult of world-wide prevalence."[236] But considering that in Yucatan
-and Benin, as elsewhere, the human victim was sacrificed for the
-avowed purpose of averting some mortal danger from the community or
-the king, I conclude that there, also, the primary object of the rite
-was to offer a substitute, though this substitute came to be used as a
-messenger.
-
-[Footnote 232: Dorman, _op. cit._ p. 213.]
-
-[Footnote 233: Moor and Roupell, quoted by Read and Dalton, _op. cit._
-p. 7; also by Ling Roth, _Great Benin_, p. 72.]
-
-[Footnote 234: _Supra_, p. 456.]
-
-[Footnote 235: _Supra_, p. 444.]
-
-[Footnote 236: Ling Roth, _op. cit._ p. 72.]
-
-I do not affirm that the practice of human sacrifice is in every case
-based on the idea of substitution; the notion that a certain god has a
-desire for such sacrifices may no doubt induce his worshippers to
-gratify this desire for a variety of purposes. But I think there is
-sufficient evidence to prove that, when men offer the lives of their
-fellow-men in sacrifice to their gods, they do so as a rule in the
-hopes of thereby saving their own. Human sacrifice is essentially a
-method of life-insurance--absurd, no doubt, according to our ideas,
-but not an act of wanton cruelty. When practised for the benefit of
-the community or in a case of national distress, it is hardly more
-cruel than to advocate the infliction of capital punishment on the
-ground of social expediency, or to compel thousands of men to suffer
-death on the battle-field on behalf of their country. The custom of
-human sacrifice admits that the life of one is taken to save the lives
-of many, or that an inferior individual is put to death for the
-purpose of preventing the death of somebody who has a higher right to
-live. Sometimes the king or chief is sacrificed in times of scarcity
-or pestilence, but then he is probably held personally responsible for
-the calamity.[237] Very frequently {467} the victims are prisoners of
-war or other aliens, or slaves, or criminals, that is, persons whose
-lives are held in little regard. And in many cases these are the only
-victims allowed by custom.
-
-[Footnote 237: Frazer, _Golden Bough_, i. 15 _sq._]
-
-This was generally the case among the ancient Teutons,[238] though
-they sometimes deemed a human sacrifice the more efficacious the more
-distinguished the victim, and the nearer his relationship to him who
-offered the sacrifice.[239] The Gauls, says Cæsar, "consider that the
-oblation of such as have been taken in theft, or robbery, or any other
-offence, is more acceptable to the immortal gods; but when a supply of
-that class is wanting, they have recourse to the oblation of even the
-innocent."[240] Diodorus Siculus states that the Carthaginians in
-former times used to sacrifice to Saturn the sons of the most eminent
-persons, but that, of later times, they secretly bought and bred up
-children for that purpose.[241] The chief aim of the wars of the
-ancient Mexicans was to make prisoners for sacrificial purposes; other
-victims were slaves who were purchased for this object, and many
-criminals "who were condemned to expiate their crimes by the sacrifice
-of their lives."[242] The Yucatans sacrificed captives taken in war,
-and only if such victims were wanting they dedicated their children to
-the altar "rather than let the gods be deprived of their due."[243] In
-Guatemala the victims were slaves or captives or, among the Pipiles,
-illegitimate children from six to twelve years old who belonged to the
-tribe.[244] In Florida the human victim who was offered up at harvest
-time was chosen from among the Spaniards wrecked on the coast.[245] Of
-the Peruvian Indians before the time of the Incas, Garcilasso de la
-Vega states that, "besides ordinary things such as animals and maize,
-they sacrificed men and women of all ages, being captives taken in
-wars which they made against each other."[246] Among the Tshi-speaking
-peoples of the Gold Coast, "the persons ordinarily sacrificed to the
-gods are prisoners of war or slaves. When the latter, they are usually
-aliens, as a protecting god is not so well satisfied with the
-sacrifice of his own people."[247] In Great Benin, according to
-Captain Roupell, the people who were kept for sacrifice were bad men,
-or men with bad sickness, {468} and they were all slaves.[248] In Fiji
-the victims were generally prisoners of war, but sometimes they were
-slaves procured by purchase from other tribes.[249] In Nukahiva "the
-custom of the country requires that the men destined for sacrifice
-should belong to some neighbouring nation, and accordingly they are
-generally stolen."[250] In Tahiti "the unhappy wretches selected were
-either captives taken in war, or individuals who had rendered
-themselves obnoxious to the chiefs or the priests.**"[251] The Muruts
-of Borneo "never sacrifice one of their own people, but either capture
-an individual of a hostile tribe, or send to a friendly tribe to
-purchase a slave for the purpose."[252] It is said to be contrary to
-the Káyán custom to sell or sacrifice one of their own nation.[253]
-The G[=a]ro hill tribes "generally select their victims out of the
-Bengali villages in the plains."[254] The Kandhs considered that the
-victim must be a stranger. "If we spill our own blood," they said, "we
-shall have no descendants";[255] and even the children of Meriahs, who
-were reared for sacrificial purposes, were never offered up in the
-village of their birth.[256]
-
-[Footnote 238: Grimm, _Teutonic Mythology_, i. 45.]
-
-[Footnote 239: Holtzmann, _Deutsche Mythologie_, p. 232.]
-
-[Footnote 240: Cæsar, _De bello gallico_, vi. 16.]
-
-[Footnote 241: Diodorus Siculus, xx. 14.]
-
-[Footnote 242: Clavigero, _op. cit._ i. 282.]
-
-[Footnote 243: Bancroft, _op. cit._ ii. 704.]
-
-[Footnote 244: Stoll, _op. cit._ p. 40.]
-
-[Footnote 245: Bry, _op. cit._ p. 11.]
-
-[Footnote 246: Garcilasso de la Vega, _op. cit._ i. 50.]
-
-[Footnote 247: Ellis, _Tshi-speaking Peoples_, p. 170.]
-
-[Footnote 248: Ling Roth, _Great Benin_, p. 70.]
-
-[Footnote 249: Hale, _U.S. Exploring Expedition. Vol. VI. Ethnography
-and Philology_, p. 57. _Cf._ Wilkes, _op. cit._ iii. 97.]
-
-[Footnote 250: Lisiansky, _op. cit._ p. 81 _sq._]
-
-[Footnote 251: Ellis, _Polynesian Researches_, i. 346.]
-
-[Footnote 252: Denison, quoted by Ling Roth, _Natives of Sarawak_,
-ii. 216.]
-
-[Footnote 253: Burns, in _Jour. of Indian Archipelago_, iii. 145.]
-
-[Footnote 254: Godwin-Austen, in _Jour. Anthr. Inst._ ii. 394.]
-
-[Footnote 255: Macpherson, _Memorials of Service in India_, p. 121.]
-
-[Footnote 256: Campbell, _Wild Tribes of Khondistan_, p. 53.]
-
-We find that various peoples who at a certain period have been
-addicted to the practice of human sacrifice, have afterwards, at a
-more advanced stage of civilisation, voluntarily given it up. The
-cause of this is partly an increase, or expansion, of the sympathetic
-sentiment, partly a change of ideas. With the growth of enlightenment
-men would lose faith in this childish method of substitution, and
-consequently find it not only useless, but objectionable; and any
-sentimental disinclination to the practice would by itself, in the
-course of time, lead to the belief that the deity no longer cares for
-it, or is averse to it. Brahmanism gradually abolished the immolation
-of human victims, incompatible as it was with the precept of _ahimsâ_,
-or respect for everything that has life; "the liberation of the
-victim, or the substitution in its stead and place of a {469} figure
-made of flour paste, both of which were at first matter of sufferance,
-became at length matter of requirement."[257] According to the
-Mahabharata, the priest who performs a human sacrifice is cast into
-hell.[258] In Greece, in the historic age, the practice was held in
-horror at least by all the better minds, though it was regarded as
-necessary on certain occasions.[259] It was strongly condemned by
-enlightened Romans. Cicero speaks of it as a "monstrous and barbarous
-practice" still disgracing Gaul in his day;[260] and Pliny, referring
-to the steps taken by Tiberius to stop it, declares it impossible to
-estimate the debt of the world to the Romans for their efforts to put
-it down.[261]
-
-[Footnote 257: Barth, _Religions of India_, p. 97.]
-
-[Footnote 258: _Supra_, p. 458.]
-
-[Footnote 259: Stengel, _op. cit._ p. 117. _Cf._ Donaldson, _loc.
-cit._ p. 464.]
-
-[Footnote 260: Cicero, _Pro Fonteio_, 10 (21).]
-
-[Footnote 261: Pliny, _Historia naturalis_, xxx. 4 (1).]
-
-The growing reluctance to offer human sacrifice led to various
-practices intended to replace it.[262] Speaking of the Italian custom
-of dedicating as a sacrifice to the gods every creature that should be
-born in the following spring, Festus adds that, since it seemed cruel
-to kill innocent boys and girls, they were kept till they had grown
-up, then veiled and driven beyond the boundaries.[263] Among various
-peoples human effigies or animals were offered instead of
-men.
-
-[Footnote 262: _Cf._ Krause, 'Die Ablösung der Menschenopfer,' in
-_Kosmos_, 1878, iii. 76 _sqq._]
-
-[Footnote 263: Festus, _op. cit._ 'Ver sacrum,' p. 379.]
-
-Among the Malays of the Malay Peninsula dough models of human
-beings, actually called "the substitutes," are offered up to the
-spirits on the sacrificial trays; and in the same sense are the
-directions of magicians, that "if the spirit craves a human victim a
-cock may be substituted."[264] We are told that, in Egypt, King Amosis
-ordered three waxen images to be burned in the temple of Heliopolis in
-lieu of the three men who in earlier times used to be sacrificed
-there.[265] The Romans offered dolls;[266] and in old Hindu families
-belonging to the sect of the Vámácháris a practice still obtains of
-sacrificing an effigy {470} instead of a living man.[267] In India,
-Greece, and Rome, animals, also, were substituted for human
-victims.[268] Of a similar substitution there is probably a trace in
-the Biblical story of Isaac being exchanged for a ram, and in the
-paschal sacrifice.[269] On the Gold Coast the human victim who was
-formerly sacrificed to the god of the Prah is nowadays replaced by a
-bullock which is specially reserved and fattened for the
-purpose.[270]
-
-[Footnote 264: Skeat, _Malay Magic_, p. 72.]
-
-[Footnote 265: Porphyry, _op. cit._ ii. 55.]
-
-[Footnote 266: Leist, _Græco-italische Rechtsgeschichte_, p. 272 _sqq._]
-
-[Footnote 267: Rájendralála Mitra, _op. cit._ ii. 109 _sq._]
-
-[Footnote 268: Leist, _Græco-italische Rechtsgeschichte_, p. 267
-_sqq._ Frazer, _Golden Bough_, ii. 38, n. 2. Pausanias, ix. 8. 2. For
-various modifications of human sacrifice in India, see Wilson,
-_Works_, ii. 267 _sq._; Crooke, _Popular Religion of Northern India_,
-ii. 175 _sq._]
-
-[Footnote 269: See _supra_, p. 458.]
-
-[Footnote 270: Ellis, _Tshi-speaking Peoples_, p. 66.]
-
-In other cases human sacrifices have been succeeded by practices
-involving the effusion of human blood without loss of life. We are
-told that, in Laconia, Lycurgus established the scourging of lads at
-the altar of Artemis Orthia, in place of the sacrifice of men, which
-had previously been offered to her;[271] and Euripides represents
-Athena as ordaining that, when the people celebrate the festival of
-Artemis the Taurian goddess, the priest, to compensate her for the
-sacrifice of Orestes, "must hold his knife to a human throat, and
-blood must flow to satisfy the sacred claims of the goddess, that she
-may have her honours."[272] There are also many instances of bleeding
-or mutilation practised for the same purpose as human sacrifice,
-probably according to the principle of _pars pro toto_, though it is
-impossible to decide whether they really are survivals of an earlier
-sacrifice.
-
-[Footnote 271: Pausanias, ix. 16. 10.]
-
-[Footnote 272: Euripides, _Iphigenia in Tauris_, 1458 _sqq._]
-
-Besides the ceremony of _nawgia_, already described,[273] the Tonga
-Islanders had another ceremony called _tootoo-nima_, or cutting off a
-portion of the little finger, as a sacrifice to the gods, for the
-recovery of a superior relation who was ill; and so commonly was this
-done that, in Mariner's days, there was scarcely a person living in
-the Tonga Islands who had not lost one or both little fingers, or at
-least a considerable portion of them.[274] In Chinese literature there
-are frequently mentioned instances of persons cutting off flesh from
-their bodies to cure parents or paternal grandparents dangerously ill.
-In most cases {471} it remains unmentioned how the flesh was prepared;
-but it is sometimes stated that porridge or broth was made of it, or
-that it was mixed with medicine. Dr. de Groot maintains that it was in
-the first place the ascription of therapeutic virtues to parts of the
-human body that prompted such filial self-mutilation. But he adds that
-"often also we read of thigh-cutters invoking Heaven beforehand,
-solemnly asking this highest power to accept their own bodies as a
-substitute for the patients' lives they wanted to save; their
-mutilation thus assuming the character of self-immolation."[275]
-According to the testimony of a native writer, there is scarcely a
-respectable house in all Bengal, the mistress of which has not at one
-time or other shed her blood, under the notion of satisfying the
-goddess Chandiká by the operation. "Whenever her husband or a son is
-dangerously ill, a vow is made that on the recovery of the patient,
-the goddess would be regaled with human blood. . . . The lady performs
-certain ceremonies, and then bares her breast in the presence of the
-goddess, and with a nail-cutter (_naruna_) draws a few drops of blood
-from between her breasts and offers them to the divinity."[276]
-Garcilasso de la Vega states that, whilst some of the Peruvian Indians
-before the time of the Incas sacrificed men, there were others who,
-though they mixed human blood in their sacrifices, did not obtain it
-by killing anyone, but by bleeding the arms and legs, according to the
-importance of the sacrifice, and, in the most solemn cases, by
-bleeding the root of the nose where it is joined by the
-eyebrows.[277]
-
-[Footnote 273: _Supra_, p. 455.]
-
-[Footnote 274: Mariner, _op. cit._ ii. 222.]
-
-[Footnote 275: de Groot, _Religious System of China_, (vol, iv. book)
-ii. 386 _sq._]
-
-[Footnote 276: Rájendralála Mitra, _op. cit._ i. 111 _sq._]
-
-[Footnote 277: Garcilasso de la Vega, _op. cit._ i. 52.]
-
-There is one form of human sacrifice which has outlived all others,
-namely, the penal sacrifice of offenders. There can be no moral
-scruples in regard to a rite which involves a punishment regarded as
-just. Indeed, this kind of human sacrifice is even found where the
-offering of animals or lifeless things has fallen out of use or become
-a mere symbol. For this is the only sacrifice which is intended to
-propitiate the deity by the mere death of the victim; and gods are
-believed to be capable of feeling anger and revenge long after they
-have ceased to have material needs. The last trace of human sacrifice
-has {472} disappeared only when men no longer punish offenders
-capitally with a view to appeasing resentful gods.
-
-       *       *       *       *       *
-
-Human beings are sacrificed not only to gods, but to dead men, in
-order to serve them as companions or servants, or to vivify their
-spirits, or to gratify their craving for revenge.
-
-From various quarters of the world we hear of the immolation of men
-for the service of the dead, the victims generally being slaves,
-wives, or captives of war, or, sometimes, friends.[278] This rite
-occurs or has occurred, more or less extensively, in Borneo[279] and
-the Philippine Islands,[280] in Melanesia and Polynesia,[281] in many
-different parts of Africa,[282] and among some American tribes.[283]
-In America, however, it was carried to its height by the more
-civilised nations of Central America and Mexico, Bogota and Peru.[284]
-There is evidence to show that the funeral ceremonies {473} of the
-ancient Egyptians occasionally included human sacrifice at the gate of
-the tomb, although the practice would seem to have been exceptional,
-at any rate after Egypt had entered upon her period of greatness.[285]
-It has been suggested that in China the burial of living persons with
-the dead dates from the darkest mist of ages, and that the cases on
-record in the native books are of relatively modern date only because
-in high antiquity the custom was so common, that it did not occur to
-the annalists and chroniclers to set down such everyday matters as
-anything remarkable.[286] In the fourteenth century of our era, the
-funeral sacrifice of men was abolished, even for emperors and members
-of the imperial family,[287] but it has assumed a modified shape under
-which it still maintains itself in China. "Daughters, daughters-in-law,
-and widows especially imbued with the doctrine that they are the
-property of their dead parents, parents-in-law, and husbands, and
-accordingly owe them the highest degree of submissive devotion, often
-take their lives, in order to follow them into the next world." And
-though it has been enacted that no official distinctions shall be
-awarded to such suttees, whereas honours are granted to widowed wives,
-concubines, and brides who, instead of destroying themselves, simply
-abjure matrimonial life for good, sutteeism of widows and brides still
-meets with the same applause as ever, and many a woman is no doubt
-prevailed upon, or even compelled, by her own relations, to become a
-suttee.[288] Professor Schrader observes that "it is no longer
-possible to doubt that ancient Indo-Germanic custom ordained that the
-wife should die with her husband."[289] It has been argued, it is
-true, that the burning of widows begins rather late in India;[290]
-yet, though the modern ordinance of suttee-burning be a corrupt
-departure {474} from the early Brahmanic ritual, the practice seems to
-be, not a new invention by the later Hindu priesthood, but the revival
-of an ancient rite belonging originally to a period even earlier than
-the Veda.[291] In the Vedic ritual there are ceremonies which
-obviously indicate the previous existence of such a rite.[292] From
-Greece we have the instances of Evadne throwing herself into the
-funeral pile of her husband,[293] and of the suicide of the three
-Messenian widows mentioned by Pausanias.[294] Sacrifice of widows
-occurred, as it seems as a regular custom, among the Scandinavians,[295]
-Heruli,[296] and Slavonians.[297] "The fact," says Mr. Ralston, "that,
-in Slavonic lands, a thousand years ago, widows used to destroy
-themselves in order to accompany their dead husbands to the world of
-spirits, seems to rest on incontestable evidence"; and if the dead was
-a man of means and distinction, he was also solaced by the sacrifice
-of his slaves.[298] Funeral offerings of slaves occurred among the
-Teutons[299] and the Gauls of Cæsar's time;[300] and in the Iliad we
-read of twelve captives being laid on the funeral pile of
-Patroclus.[301]
-
-[Footnote 278: See Tylor, _Primitive Culture_, i. 458 _sqq._; Spencer,
-_Principles of Sociology_, i. 203 _sqq._; Liebrecht, _Zur Volkskunde_,
-p. 380 _sq._; Schneider, _Naturvölker_, i. 202 _sqq._; Hehn, _op.
-cit._ p. 416 _sqq._; Westermarck, _History of Human Marriage_, p. 125
-_sq._; Frazer, _Pausanias_, iii. 199 _sq._]
-
-[Footnote 279: Brooke, _Ten Years in Saráwak_, i. 74. Hose and
-McDougall, 'Relations between Men and Animals in Sarawak,' in _Jour.
-Anthr. Inst._ xxxi. 207 _sq._ Bock, _Head-Hunters of Borneo_, pp. 210
-n., 219 _sq._]
-
-[Footnote 280: Blumentritt, 'Der Ahnencultus und die religiösen
-Anschauungen der Malaien des Philippinen Archipels,' in _Mittheilungen
-d. Geograph. Gesellsch. in Wien_, xxv. 152 _sq._]
-
-[Footnote 281: Westermarck, _op. cit._ p. 125 _sq._ Brenchley, _op.
-cit._ p. 208 (natives of Tana). Williams and Calvert, _op. cit._ p.
-161 _sq._ (Fijians). Lisiansky, _op. cit._ p. 81 (Nukahivans).
-Mariner, _op. cit._ ii. 220 _sq._ (Tonga Islanders). Taylor, _Te Ika a
-Maui_, p. 218 (Maoris). von Kotzebue, _op. cit._ iii. 247 (Sandwich
-Islanders).]
-
-[Footnote 282: Rowley, _Africa Unveiled_, p. 127. _Idem_, _Religion of
-the Africans_, p. 102 _sq._ Schneider, _Religion der afrikanischen
-Naturvölker_, p. 118 _sqq._ Westermarck, _op. cit._ p. 125. Ramseyer
-and Kühne, _Four Years in Ashantee_, p. 50. Mockler-Ferryman, _British
-Nigeria_, pp. 235, 259 _sqq._ Burton, _Mission to Gelele_, ii. 19
-_sqq._ (Dahomans). _Idem_, _Abeokuta_, i. 220 _sq._ _Idem_, _Lake
-Regions of Central Africa_, i. 124 (Wadoe); ii. 25 _sq._ (Wanyamwezi).
-Wilson, _Western Africa_, pp. 203, 219. Ellis, _Tshi-speaking Peoples
-of the Gold Coast_, p. 159 _sqq._ _Idem_, _E[(w]e-speaking Peoples of
-the Slave Coast_, pp. 117, 118, 121 _sqq._ Nachtigal, _Sahara und
-Sudan_, ii. 687 (Somraï and Njillem). Baker, _Ismaïlia_, p. 317 _sq._
-(Wanyoro). Casati, _Ten Years in Equatoria_, i. 170 (Mambettu).
-Callaway, _Religious System of the Amazulu_, p. 212 _sq._]
-
-[Footnote 283: Spencer, _Principles of Sociology_, i. 204. Dorman,
-_op. cit._ p. 210 _sqq._ Westermarck, _op. cit._ p. 125. Macfie,
-_Vancouver Island and British Columbia_, p. 448. Charlevoix, _Voyage
-to North America_, ii. 196 _sq._ (Natchez). Rochefort, _Histoire
-naturelle et morale des Iles Antilles_, p. 568 _sq._ (Caribs).]
-
-[Footnote 284: Tylor, _Primitive Culture_, i. 461. Spencer,
-_Principles of Sociology_, i. 205. Dorman, _op. cit._ p. 212 _sqq._
-Acosta, _op. cit._ ii. 313, 314, 344 (Peruvians).]
-
-[Footnote 285: Wiedemann, _Ancient Egyptian Doctrine of the
-Immortality of the Soul_, p. 62 n.]
-
-[Footnote 286: de Groot, _op. cit._ (vol. ii. book) i. 721.]
-
-[Footnote 287: _Ibid._ (vol. ii. book) i. 724.]
-
-[Footnote 288: _Ibid._ (vol. ii. book) i. 735, 754, 748.]
-
-[Footnote 289: Schrader, _Prehistoric Antiquities of the Aryan
-Peoples_, p. 391.]
-
-[Footnote 290: Hopkins, _op. cit._ p. 274.]
-
-[Footnote 291: Tylor, _Primitive Culture_, i. 465 _sqq._ Zimmer,
-_Altindisches Leben_, p. 331.]
-
-[Footnote 292: _Rig-Veda_, x. 18. 8 _sq._ Macdonell, _Vedic
-Mythology_, p. 165. Hillebrandt, 'Eine Miscelle aus dem Vedaritual,'
-in _Zeitschr. d. Deutschen Morgenländ. Gesellsch._ xl. 711. Oldenberg,
-_Religion des Veda_, p. 587.]
-
-[Footnote 293: Euripides, _Supplices_, 1000 _sqq._]
-
-[Footnote 294: Pausanias, iv. 2. 7.]
-
-[Footnote 295: Grimm, _Deutsche Rechtsalterthümer_, p. 451.]
-
-[Footnote 296: Procopius, _op. cit._ ii. 14.]
-
-[Footnote 297: Dithmar of Merseburg, _Chronicon_, viii. 2 (Pertz,
-_Monumenta Germaniæ historica_, v. 861). Zimmer, _op. cit._ p. 330.]
-
-[Footnote 298: Ralston, _Songs of the Russian People_, p. 327 _sq._]
-
-[Footnote 299: Grimm, _op. cit._ p. 344.]
-
-[Footnote 300: Cæsar, _De bello gallico_, vi. 19. In the ancient
-annals of the Irish there is one trace of human sacrifice being
-offered as a funeral rite (Cusack, _History of the Irish Nation_,
-p. 115 n.*).]
-
-[Footnote 301: _Iliad_, xxiii. 175.]
-
-According to early notions, men require wives and servants not only
-during their life-time, but after their death. The surviving relatives
-want to satisfy their needs, out of affection or from fear of
-withholding from the dead what belongs to them--their wives and their
-slaves. The destruction of innocent life seems justified by the low
-social standing of the victims and their subjection to their husbands
-or masters. However, with advancing civilisation this sacrifice has a
-tendency to {475} disappear, partly, perhaps, on account of a change
-of ideas as regards the state after death, but chiefly, I presume,
-because it becomes revolting to public feelings. It then dwindles into
-a survival. As a probable instance of this may be mentioned a custom
-prevalent among the Tacullies of North America: the widow is compelled
-by the kinsfolk of the deceased to lie on the funeral pile where the
-body of her husband is placed, whilst the fire is lighting, until the
-heat becomes intolerable.[302] In ancient Egypt little images of clay,
-or wood, or stone, or bronze, made in human likeness and inscribed
-with a certain formula, were placed within the tomb, presumably in the
-hopes that they would there attain to life and become the useful
-servants of the dead.[303] So also the Japanese[304] and Chinese,
-already in early times, placed images in, or at, the tombs of their
-dead as substitutes for human victims; and these images have always
-been considered to have no less virtual existence in the next world
-than living servitors, wives, or concubines. In China the original
-immolations were, moreover, replaced by the custom of allowing the
-nearest relatives and slaves of the deceased simply to settle on the
-tomb, instead of entering it, there to sacrifice to the manes, and by
-prohibiting widows from remarrying.[305]
-
-[Footnote 302: Wilkes, _U.S. Exploring Expedition_, iv. 453.]
-
-[Footnote 303: Wiedemann, _Ancient Egyptian Doctrine of the
-Immortality of the Soul_, p. 63.]
-
-[Footnote 304: Tylor, _Primitive Culture_, i. 463.]
-
-[Footnote 305: de Groot, _op. cit._ (vol. ii. book) i. 794 _sqq._]
-
-The practice of sacrificing human beings to the dead is not
-exclusively based on the idea that they require servants and
-companions. It is extremely probable that the funeral sacrifice of men
-and animals in many cases involves an intention to vivify the spirits
-of the deceased with the warm, red sap of life.[306] This seems to be
-the meaning of the Dahoman custom of pouring blood over the graves of
-the ancestors of the king.[307] So, also, in Ashanti "human sacrifices
-are frequent and ordinary, to {476} water the graves of the
-Kings."[308] In the German folk-tale known under the name of 'Faithful
-John,' the statue said to the King, "If you, with your own hand, cut
-off the heads of both your children, and sprinkle me with their blood,
-I shall be brought to life again."[309] According to primitive ideas,
-blood is life; to receive blood is to receive life; the soul of the
-dead wants to live, and consequently loves blood. The shades in Hades
-are eager to drink the blood of Odysseus' sacrifice, that their life
-may be renewed for a time.[310] And it is all the more important that
-the soul should get what it desires as it otherwise may come and
-attack the living. The belief that the bloodless shades leave their
-graves at night and seek renewed life by drawing the blood of the
-living, is prevalent in many parts of the world.[311] As late as the
-eighteenth century this belief caused an epidemic of fear in Hungary,
-resulting in a general disinterment, and the burning or staking of the
-suspected bodies.[312] It is also possible that the mutilations and
-self-bleedings which accompany funerals are partly practised for the
-purpose of refreshing the departed soul.[313] The Samoans called it
-"an offering of blood" for the dead when the mourners beat their heads
-with stones till the blood ran.[314]
-
-[Footnote 306: _Cf._ Spencer, _Principles of Sociology_, i. 288 _sq._;
-Rockholz, _Deutscher Glaube und Brauch_, i. 55; Sepp, _Völkerbrauch
-bei Hochzeit, Geburt und Tod_, p. 154; Trumbull, _Blood Covenant_,
-p. 110 _sqq._]
-
-[Footnote 307: Reade, _Savage Africa_, p. 51 _sq._]
-
-[Footnote 308: Bowdich, _Mission from Cape Castle to Ashantee_, p. 289.]
-
-[Footnote 309: Grimm, _Kinder- und Hausmärchen_, p. 29 _sq._]
-
-[Footnote 310: _Odyssey_, xi. 153.]
-
-[Footnote 311: Trumbull, _Blood Covenant_, p. 114 _sq._]
-
-[Footnote 312: Farrer, _Primitive Manners and Customs_, p. 23 _sq._]
-
-[Footnote 313: _Cf._ Spencer, _Principles of Sociology_, i. 181 _sq._]
-
-[Footnote 314: Turner, _Nineteen Years in Polynesia_, p. 227.]
-
-Finally, as offenders are sacrificed to gods in order to appease their
-wrath, so manslayers are in many cases killed in order to satisfy
-their victims' craving for revenge. In the next chapter we shall see
-that the execution of blood-revenge largely falls under the heading of
-"human sacrifice for the dead."
-
-
-
-
-CHAPTER XX
-
-BLOOD-REVENGE AND COMPENSATION--THE PUNISHMENT OF DEATH
-
-
-ACCORDING to early custom, a person who takes the life of another may
-himself be killed by the relatives of his victim, or some other member
-of his family, clan, or tribe may be killed in his stead.[1] The
-custom of blood-revenge is found among a host of existing savages and
-barbarians, and has long survived among many peoples who have reached
-a higher degree of culture.
-
-[Footnote 1: The collective responsibility usually involved in the
-blood-feud has been discussed _supra_, p. 30 _sqq._]
-
-We meet with blood-revenge in the midst of Japanese civilisation, not
-as a mere fact, but as a legally permitted custom. The avenger had
-only to observe certain prescribed formalities and regulations: there
-was a regular official to whom he must announce his resolve, and he
-must fix the time within which he would carry it out. The way in which
-the enemy was killed was of no importance, except that, even in
-ancient times, the man who had recourse to assassination was
-reprehensible.[2] Among the Hebrews blood-revenge continued to exist
-during the periods of the Judges and Kings, and even later; under the
-Old Kingdom, says Wellhausen, "the administration of justice was at
-best but a scanty supplement to the practice of self-help."[3] It is a
-rule among {478} all the Arabs that whoever sheds the blood of a man
-owes blood on that account to the family of the slain person.[4] Says
-the Koran:--"O ye who believe! Retaliation is prescribed for you for
-the slain."[5] In ancient Eran blood-revenge survived the
-establishment of tribunals.[6] There is evidence left of its
-prevalence in early times among the Aryan population of India, though
-no mention is made in the Sûtras of blood revenge as an existing
-custom.[7] Among the Greeks it was only in the post-Homeric age that
-it was given up as a fundamental principle, the avenger being
-transformed into an accuser.[8] In Gaul and Ireland, though justice
-was administered by Druids or Brehons, their judgments seem to have
-been merely awards founded upon a submission to arbitration, the
-injured person being at liberty to take the law into his own hands and
-redress himself.[9] In the preface to the Senchus Mór we read that
-retaliation prevailed in Erin before Patrick, and that Patrick brought
-forgiveness with him.[10] Among the clans of Scotland, as is well
-known, the blood-feud has existed up to quite modern times; in the
-Catholic period even the Church recognised its power by leaving the
-right hand of male children unchristened, that it might deal the more
-unhallowed and deadly a blow to the enemy.[11] In England it was at
-least theoretically possible down to the middle of the tenth century
-for a manslayer to elect to bear the feud of the kindred of the slain,
-instead of paying the _wer_;[12] and long after the Conquest we still
-meet with a law against the system of {479} private revenge.[13] In
-Frisland, Lower Saxony, and parts of Switzerland, the blood-feud was
-practised as late as the sixteenth century.[14] In Italy it prevailed
-extensively, even among the upper classes, in the sixteenth and
-seventeenth centuries.[15] In Corsica,[16] Albania,[17] and
-Montenegro,[18] it exists even to this day.
-
-[Footnote 2: Rein, _Japan_, p. 326. Dautremer, 'The Vendetta or Legal
-Revenge in Japan,' in _Trans. Asiatic Soc. Japan_, xiii. 84 _sq._]
-
-[Footnote 3: Wellhausen, _Prolegomena to the History of Israel_, p. 467.]
-
-[Footnote 4: Burckhardt, _Notes on the Bedouins and Wahábys_, p. 85.]
-
-[Footnote 5: _Koran_, ii. 173. _Cf._ _ibid._ xvii. 35.]
-
-[Footnote 6: Geiger, _Civilization of the Eastern Ir[=a]nians_,
-ii. 31 _sqq._]
-
-[Footnote 7: Leist, _Alt-arisches Jus Gentium_, p. 422.]
-
-[Footnote 8: _Idem_, _Græco-italische Rechtsgeschichte_, § 50 _sq._,
-especially pp. 375, 381. In Rome blood-revenge appears to have been
-very early suppressed. There is an echo of it in certain legends, but
-even in them it is represented as objectionable (Mommsen, _History of
-Rome_, i. 190).]
-
-[Footnote 9: Maine, _Early History of Institutions_, lect. ii.
-d'Arbois de Jubainville, 'Des attributions judiciaires de l'autorité
-publique chez les Celtes,' in _Revue Celtique_, vii. 5. _Ancient Laws
-of Ireland_, iii. p. lxxxix.]
-
-[Footnote 10: Skene, _Celtic Scotland_, iii. 152.]
-
-[Footnote 11: Mackintosh, _History of Civilisation in Scotland_,
-ii. 279.]
-
-[Footnote 12: Pollock and Maitland, _History of English Law before the
-Time of Edward I._ i. 48.]
-
-[Footnote 13: Cherry, _Growth of Criminal Law in Ancient Communities_,
-p. 85.]
-
-[Footnote 14: Günther, _Idee der Wiedervergeltung_, i. 207 _sq._
-Frauenstädt, _Blutrache und Todtschlagsühne im Deutschen Mittelalter_,
-p. 21. _Cf._ Arnold, _Deutsche Urzeit_, p. 342.]
-
-[Footnote 15: Simonde de Sismondi, _Histoire des républiques
-italiennes du moyen âge_, xvi. 456.]
-
-[Footnote 16: Gregorovius, _Wanderings in Corsica_, i. 176 _sqq._]
-
-[Footnote 17: Gop[vc]evi['c], _Oberalbanien und seine Liga_, p. 322
-_sqq._]
-
-[Footnote 18: Kohl, _Reise nach Istrien_, i. 406 _sqq._ Popovi['c],
-_Recht und Gericht in Montenegro_, p. 69.]
-
-Blood-revenge is regarded not only as a right, but as a duty. We are
-told that the holiest duty a West Australian native is called on to
-perform is that of avenging the death of his nearest relation. "Until
-he has fulfilled this task, he is constantly taunted by the old women;
-his wives, if he be married, would soon quit him; if he is unmarried,
-not a single young woman would speak to him; his mother would
-constantly cry, and lament she should ever have given birth to so
-degenerate a son; his father would treat him with contempt, and
-reproaches would constantly be sounded in his ear."[19] Among the
-tribes of Western Victoria "a man would consider it his bounden duty
-to kill his most intimate friend for the purpose of avenging a
-brother's death, and would do so without the slightest hesitation."[20]
-In his description of the Eskimo about Behring Strait, Mr. Nelson
-states that blood-revenge is considered a sacred duty among all the
-Eskimo, a duty incumbent on the nearest male relative; if the son of
-the murdered man is an infant, it rests with him to seek revenge as
-soon as he attains puberty.[21] Among the Dacotahs "no one can escape
-this law of retaliation; public opinion would brand with disgrace
-whoever fled under such circumstances."[22] The Brazilian aborigines
-{480} consider it a moral obligation, a matter of conscience, for a
-son, a brother, or a nephew, to avenge the death of his relative.[23]
-Speaking of the Guiana Indians, Sir E. F. Im Thurn observes that, "in
-all primitive societies where there are no written laws and no supreme
-authority to enforce justice, such vengeance has been held as a sacred
-duty."[24] Confucius affirmed, in the strongest and most unrestricted
-terms, the duty of avenging the murder of a father or a brother.[25]
-In Japan "the man who was weak enough not to try to put to death the
-murderer of his father or his lord, was obliged to flee into hiding;
-from that day, he was despised by his own companions."[26] The Lord
-said to Moses:--"The revenger of blood himself shall slay the
-murderer; when he meeteth him, he shall slay him."[27] A similar rule,
-as we have seen, is laid down in the Koran.[28] The idea that
-blood-revenge is a sacred duty incumbent on the kindred of the
-deceased was probably held by all so-called Aryan peoples.[29] It
-still prevails in Albania,[30] Montenegro,[31] and Corsica. "Not to
-take revenge is considered by the genuine Corsicans as degrading. . . .
-Any one who shrinks from avenging himself . . . is allowed no rest
-by his relations, and all his acquaintances upbraid him with
-pusillanimity."[32]
-
-[Footnote 19: Grey, _Journals of Expeditions of Discovery in
-North-West and Western Australia_, ii. 240.]
-
-[Footnote 20: Dawson, _Australian Aborigines_, p. 71.]
-
-[Footnote 21: Nelson, 'Eskimo about Bering Strait,' in _Ann. Rep. Bur.
-Ethn._ xviii. p. 292 _sq._]
-
-[Footnote 22: Domenech, _Seven Years' Residence in the Great Deserts
-of North America_, ii. 338.]
-
-[Footnote 23: von Martius, _Beiträge zur Ethnographie Amerika's_,
-i. 128.]
-
-[Footnote 24: Im Thurn, _Among the Indians of Guiana_, p. 329 _sq._]
-
-[Footnote 25: Legge, _Chinese Classics_, i. 111. Douglas,
-_Confucianism and Taouism_, p. 145.]
-
-[Footnote 26: Dautremer, _loc. cit._ p. 83. _Cf._ Griffis, _Corea_, p.
-227 (Coreans).]
-
-[Footnote 27: _Numbers_, xxxv. 19.]
-
-[Footnote 28: For modern Arabs, see Burckhardt, _Notes on the Bedouins
-and Wahábys_, p. 313 _sq._; Blunt, _Bedouin Tribes of the Euphrates_,
-ii. 207.]
-
-[Footnote 29: Geiger, _op. cit._ ii. 32 (Avesta people). Leist,
-_Alt-arisches Jus Gentium_, p. 422. _Idem_, _Græco-italische
-Rechtsgeschichte_, p. 323 _sqq._ de Valroger, _op. cit._ p. 472
-(Celts). Nordström, _Bidrag till den svenska samhälls-författningens
-historia_, ii. 229; Stemann, _Den Danske Retshistorie indtil Christian
-V.'s Lov_, p. 574; Keyser, _Efterladte Skrifter_, ii. pt. ii. 95;
-Rosenberg, _Nordboernes Aandsliv_, i. 487 (Teutons). Miklosich, 'Die
-Blutrache bei den Slaven,' in _Denkschriften der kaiserl. Akademie d.
-Wissensch. Philos. histor. Classe_, Vienna, xxxvi. 127 _sqq._ Ewers,
-_Das alteste Recht der Russen_, p. 50 _sq._]
-
-[Footnote 30: Hahn, _Albanesische Studien_, i. 176.]
-
-[Footnote 31: Popovi['c], _op. cit._ p. 69. Kohl, _op. cit._ i. 409,
-413 _sqq._ Miklosich, _loc. cit._ p. 145.]
-
-[Footnote 32: Gregorovius, _op. cit._ i. 180 _sq._ For other instances
-of blood-revenge as a duty, see Boas, 'Central Eskimo,' _Ann. Rep.
-Bur. Ethn._ vi. 582; Petroff, 'Report on Alaska,' in _Tenth Census of
-the United States_, p. 158 (Atkha Aleuts); Kohler, in _Zeitschr. f.
-vergl. Rechtswiss._ vii. 376 (Papuans of New Guinea); Modigliani,
-_Viaggio a Nías_, p. 471; Bowring, _Visit to the Philippine Islands_,
-p. 177; Macpherson, _Memorials of Service in India_, p. 82 (Kandhs);
-Radde, _Die Chews'uren_, p. 115; von Haxthausen, _Transcaucasia_, p.
-406 _sqq._ (Ossetes); Munzinger, _Die Sitten und das Recht der Bogos_,
-p. 87; Mungo Park, _Travels in the Interior of Africa_, p. 13 (Feloops
-bordering on the Gambia); Leuschner, in Steinmetz, _Rechtsverhältnisse
-von eingeborenen Völkern in Afrika und Ozeanien_, p. 23 (Bakwiri);
-_ibid._ p. 49 (Banaka and Bapuku); Nicole, _ibid._ p. 132
-(Diakité-Sarrakolese); Lang, _ibid._ p. 256 _sq._ (Washambala); Kraft,
-_ibid._ p. 292 (Wapokomo); Viehe, _ibid._ p. 311 (Ovaherero);
-Rautanen, _ibid._ p. 341 (Ondonga); Sorge, _ibid._ p. 418 (Nissan
-Islanders in the Bismarck Archipelago).]
-
-{481} The duty of blood-revenge is, in the first place, regarded as a
-duty to the dead, not merely because he has been deprived of his
-highest good, his life, but because his spirit is believed to find no
-rest after death until the injury has been avenged.[33] The
-disembodied soul carries into its new existence an eager longing for
-revenge, and, till the crime has been duly expiated, hovers about the
-earth, molesting the manslayer or trying to compel its own relatives
-to take vengeance on him.
-
-[Footnote 33: See Kohler, _Shakespeare vor dem Forum der
-Jurisprudenz_, p. 131 _sq._; Steinmetz, _Ethnol. Studien zur ersten
-Entwicklung der Strafe_, i. 291 _sqq._; _Idem_, _Rechtsverhältnisse_,
-p. 49 (Banaka and Bapuku); Nicole, _ibid._ p. 132 (Diakité-Sarrakolese);
-Lang, _ibid._ p. 257 (Washambala).]
-
-According to Yakut beliefs, a person who is murdered becomes a
-_yor_, that is, his ghost never comes to rest.[34] The Cheremises
-imagine that the spirits of persons who have died a violent death
-cause illness, especially fever and ague.[35] The Saoras of India seem
-to have most fear of the spirits of those who have died violent
-deaths.[36] The Burmese believe that persons who meet a violent death
-become "nats "and haunt the place where they were killed.[37] The
-Hudson Bay Eskimo regard the island of Akpatok as tabooed since the
-murder of part of the crew of a wrecked vessel, who camped on that
-island; "not a soul visits that locality lest the ghosts of the
-victims should appear and supplicate relief from the natives, who have
-not the proper offerings to make to appease them."[38] The Omahas
-believe that the spirits of those who have been killed reappear after
-death, their errand being "to solicit vengeance on the perpetrators of
-the deed."[39] According to Genesis, the voice of {482} blood shed
-cried for vengeance until the murderer was punished.[40] A similar
-notion prevailed among the Bedouins, hence they thought they might
-escape the taking of revenge by covering up the blood with earth.[41]
-One of the most popular ghost stories in folk-tales is that which
-treats of the ghost of a murdered person flitting about the haunts of
-the living with no gratification but to terrify them.[42] According to
-Rohde, this belief was in full force at Athens in the fifth and fourth
-centuries before Christ.[43] Aeschylus attributes an Erinys to the
-heinous crime of a man's neglecting his duty as avenger of
-blood[44]--in other words, the soul of the slain turned its anger
-against the neglectful relative. Traces of the same belief still
-survive in various parts of Europe.[45] In Wärend, in Sweden, the
-people maintain that the unsatisfied ghost of a murdered man visits
-his relatives at night, and disturbs their rest; and it was an ancient
-custom among them that, if the murderer was not known, the nearest
-relation of the dead, before the knell began, went forward to the
-corpse and asked the dead himself to avenge his murder.[46]
-
-[Footnote 34: Sumner, in _Jour. Anthr. Inst._ xxxi. 101.]
-
-[Footnote 35: Abercromby, _Pre- and Proto-historic Finns_, i. 168 _sq._]
-
-[Footnote 36: Fawcett, in _Jour. Anthrop. Soc. Bombay_, i. 59.]
-
-[Footnote 37: Schway Yoe, _The Burman_, i. 286.]
-
-[Footnote 38: Turner, 'Ethnology of the Ungava District,' in _Ann.
-Rep. Bur. Ethn._ xi. 186.]
-
-[Footnote 39: James, _Expedition from Pittsburgh to the Rocky
-Mountains_, i. 267.]
-
-[Footnote 40: _Genesis_, iv. 10.]
-
-[Footnote 41: Jacob, _Leben der vorislâmischen Beduinen_, p. 146.
-_Cf._ Schwally, _Leben nach dem Tode_, p. 52 _sq._]
-
-[Footnote 42: See Dyer, _The Ghost World_, p. 65 _sqq._; Andree,
-_Ethnographische Parallelen_, p. 80 _sqq._]
-
-[Footnote 43: Rohde, _Psyche_, p. 240. _Cf._ _Idem_, 'Paralipomena,'
-in _Rheinisches Museum für Philologie_, 1895, p. 19 _sq._; Schmidt,
-_Ethik der alten Griechen_, ii. 125 _sqq._]
-
-[Footnote 44: Aeschylus, _Choephori_, 283 _sqq._ _Cf._ _ibid._ 400
-_sqq._; Plato, _Leges_, ix. 866.]
-
-[Footnote 45: Dyer, _op. cit._ p. 68 _sqq._ Thorpe, _Northern
-Mythology_, ii. 19 _sq._]
-
-[Footnote 46: Hyltén-Cavallius, _Wärend och Wirdarne_, ii. 274; i. 473.]
-
-From one point of view, blood-revenge is thus a form of human
-sacrifice. Sometimes it even formally bears a strong resemblance to
-certain other human sacrifices which are offered to the dead. Among
-some Queensland tribes, when the assassin has been caught red-handed,
-the slayer and slain are buried together in the same grave;[47] and
-among the ancient Teutons the avenger by preference slew the culprit
-at the feet of the murdered man, or at his tomb.[48] Blood-revenge
-also resembles other kinds of human sacrifice so far that it serves as
-a safeguard for the sacrificer--in this case the avenger, who would
-otherwise expose himself to the persecutions of the revengeful spirit
-of the dead.
-
-[Footnote 47: Roth, _Ethnological Studies among the North-West-Central
-Queensland Aborigines_, p. 165.]
-
-[Footnote 48: Wilda, _Strafrecht der Germanen_, pp. 170, 692.]
-
-But the practice of blood-revenge is not exclusively {483} based on a
-desire to avenge the injury done to a fellow-creature and to gratify
-the angry passion of his soul. The act which caused his death is at
-the same time an injury inflicted upon the survivors. Hence, in many
-cases, a murder committed within the family or kin is left
-unavenged.[49] Among the Iroquois, says Loskiel, any one who has
-murdered his own relative escapes without much difficulty, since the
-family, who alone have a right to take revenge, do not choose to
-weaken their influence by depriving themselves of another member
-besides the one whom they have already lost.[50] Again, when the
-murderer belongs to an extraneous family, the injury inflicted on the
-relatives of the murdered man suggests not only revenge, but reparation.
-
-[Footnote 49: Steinmetz, _Ethnologische Studien zur ersten Entwicklung
-der Strafe_, ii. 159 _sqq._ Mauss, 'La religion et les origines du
-droit pénal,' in _Revue de l'histoire des religions_, xxxv. 44.
-Kovalewsky, 'Les origines du devoir,' in _Revue internationale de
-Sociologie_, ii. 86. _Cf._ Seebohm, _Tribal Custom in Anglo-Saxon
-Law_, pp. 30, 42 (Welsh); Robertson Smith, _Religion of the Semites_,
-p. 420; _Idem_, _Marriage and Kinship in early Arabia_, p. 25. Among
-the Jbâla of Northern Morocco blood-revenge is taken for the killing
-of a cousin, but not for the killing of a brother.]
-
-[Footnote 50: Loskiel, _History of the Mission of the United Brethren
-among the Indians in North America_, i. 16.]
-
-The taking of life for life may itself, in a way, serve as
-compensation. It seems that, in some cases, the blood of the slain
-homicide is supposed to restore, as it were, to the family of his
-victim the loss of life which he has caused them.[51] Such an idea
-probably underlies a custom which Burckhardt heard existed among the
-Hallenga, who draw their origin from Abyssinia. When the slayer has
-been seized by the relatives of the deceased, a family feast is
-proclaimed, at which the murderer is brought into their midst. While
-his throat is then slowly cut with a razor, the blood is caught in a
-bowl and handed round amongst the guests, "every one of whom is bound
-to drink of it at the moment the victim breathes his last."[52] Among
-various Arabic-speaking tribes in Morocco I have met with a practice
-which also, possibly, involves a vague idea of restoration. On the
-perpetration of his deed the avenger {484} licks off the blood from
-the blade of the dagger with which he killed his victim; and in one
-instance related to me, he bit off a piece of flesh from the dead body
-and sucked its blood.[53] Mr. Trumbull even goes so far as to believe
-that, among the Hebrews, the primal idea of the _goel_'s mission was
-not to wreak vengeance, but "to restore life for life, or to secure
-the adjusted equivalent of a lost life."[54] But it is difficult to
-suppose that the exacting of blood-revenge ever could have been looked
-upon as an equivalent in the full sense of the term. If the loss of
-life is to be compensated some other practice must take its place.
-
-[Footnote 51: _Cf._ Trumbull, _Blood Covenant_, p. 126 _sqq._]
-
-[Footnote 52: Burckhardt, _Travels in Nubia_, p. 356.]
-
-[Footnote 53: _Cf._ Goldziher, in Robertson Smith, _Kinship and
-Marriage in Early Arabia_, p. 296 n. 1.]
-
-[Footnote 54: Trumbull, _Blood Covenant_, pp. 260, 263.]
-
-Sometimes the manslayer, instead of being killed, is adopted as a
-member of the family of his victim.[55] Among the Kabyles of Algeria,
-for instance, a person who has killed another unintentionally, goes to
-the parents of the dead and says to them: "If you want to kill me,
-kill me, here is my winding-sheet. If not, pardon me, and I shall
-henceforth be one of your children." And from this day the manslayer
-is considered to belong to the _kharouba_, or _gens_, of the
-deceased.[56] Among the Jbâla of Northern Morocco, again, a homicide
-sometimes induces the avenger to abstain from his persecutions by
-giving him his sister or daughter in marriage; and a similar custom
-has been noticed among the Beni Amer[57] and Bogos.[58] In other cases
-slaves are given to the relatives of the slain in order to atone for
-the guilt;[59] but most commonly the compensation consists of cattle,
-money, or other property.
-
-[Footnote 55: See Steinmetz, _Studien_, i. 410 _sqq._, 439 _sqq._;
-Kovalewsky, in _Revue Internationale de Sociologie_, ii. 87 _sq._]
-
-[Footnote 56: Hanoteau and Letourneux, _La Kabylie_, iii. 68 _sq._]
-
-[Footnote 57: Munzinger, _Ostafrikanische Studien_, p. 322.]
-
-[Footnote 58: _Idem_, _Die Sitten und das Recht der Bogos_, p. 83.
-_Cf._ Kohler, _Nachwort zu Shakespeare vor dem Forum der
-Jurisprudenz_, p. 15 _sq._]
-
-[Footnote 59: Squier, 'Archæology and Ethnology of Nicaragua,' in
-_Trans. American Ethn. Soc._ iii. pt. i. 129. _Idem_, _Nicaragua_, ii.
-345 (ancient Nicaraguans). Macdonald, _Africana_, i. 171 (Eastern
-Central Africans).]
-
-By giving presents to the relatives of his victim, the offender not
-only repairs the loss which he has inflicted {485} upon them, but also
-appeases their wounded feelings.[60] The pleasure of gain tends to
-suppress their passion, and the loss and humiliation which the
-adversary suffers by the gift exercise a healing influence on their
-resentment.[61] Sometimes the present is chiefly intended to serve as
-an apology. Among the Iroquois, according to Mr. Morgan, the white
-wampum which the murderer sent to the family of his victim and which,
-if accepted, for ever wiped out the memory of his deed, "was not in
-the nature of a compensation for the life of the deceased, but of a
-regretful confession of the crime, with a petition for forgiveness."[62]
-Compensation, moreover, has the advantage of saving the injured party
-the dangers involved in a blood-feud, the uncertainty of the issue,
-and the serious consequences which may result from the accomplished
-act of revenge. Whilst the carrying out of the principle of "life for
-life" often leads to protracted hostilities between the parties,
-compensation has a tendency to bring about a durable peace. For this
-reason it is to the interest of society at large to encourage the
-latter practice; and this encouragement naturally adds to its attractions.
-
-[Footnote 60: Rée, _Entstehung des Gewissens_, p. 57 _sqq._ Steinmetz,
-_Studien_, i. 472 _sq._]
-
-[Footnote 61: _Cf._ Miklosich, _loc. cit._ p. 148; Kohl, _op. cit._ i.
-426, 436 (Montenegrines and Albanians).]
-
-[Footnote 62: Morgan, _League of the Iroquois_, pp. 331, 333. _Cf._
-Turner, _Samoa_, p. 326 (people of Aneiteum).]
-
-But in spite of its merits, the practice of composition has, in
-comparison with blood-revenge, various disadvantages. It is not
-equally calculated to satisfy a revengeful mind. It has to contend
-with the conservatism of ancient custom. It may be taken as a token of
-cowardice or weakness, whereas the blood-feud gives to its perpetrator
-an opportunity to display his courage and skill. It may be considered
-offensive to the dead kinsman. Finally, if it is to flourish, it
-presupposes a certain amount of wealth.[63] {486} The importance of
-these difficulties depends on the circumstances in each special case.
-Vindictiveness, conservatism, the desire for fighting, and the
-estimation in which courage and martial ability are held, are
-naturally subject to variations, and so are people's wealth and their
-willingness to compensate. The ideas held concerning the spirits of
-the departed are likewise variable. The readiness with which
-blood-money was accepted among the Greeks of the Homeric age has been
-explained by their belief in the disembodied soul's dreamlike
-existence in Hades, without strong passions and without the power to
-molest the living; whilst the later custom of demanding life for life
-has been interpreted as the result of a change of ideas which
-attributed much greater activity to the dead.[64] In other cases the
-deceased is supposed to be appeased by a mere ceremony, or by a
-vicarious sacrifice. The Ossetes believe that he often appears in a
-dream to some of his descendants, "tantôt pour exiger de lui la
-vengeance, tantôt pour lui permettre, au contraire, de la remplacer
-par un simple office des morts . . . . Revêtu d'habits de deuil, les
-cheveux épars, l'assassin Ossète vient sur la tombe de celui qu'il a
-tué, pour accomplir une cérémonie dont le but avéré est de se
-consacrer lui-même à sa victime. Cette cérémonie est connue sous le
-nom de _kifaeldicïn_: le meurtrier se livre spontanément au défunt,
-qui, en la personne de son descendant, lui pardonne son offense."[65]
-In Eastern Central Africa, says Mr. Macdonald, "if one man slay
-another, the friends of the deceased are justified in killing the
-murderer on the spot. But if they catch him alive they put him in a
-slave-stick, till compensation be made by a heavy fine of from four to
-twenty slaves. When the fine is paid the life of the murderer is not
-demanded, but several of the slaves obtained in compensation are
-killed, to accompany the deceased."[66] In other instances the dead is
-perhaps supposed to be appeased by the mere compensation {487} paid to
-his descendants, or his feelings are simply disregarded when they
-collide with the interests of the living.[67] Generally speaking, the
-question whether compensation is to be accepted or not, must be
-settled by a balancing of advantages and drawbacks.
-
-[Footnote 63: For the influence of wealth on the practice of
-composition, see Steinmetz, _Studien_, i. 427 _sqq._, and Lippert,
-_Kulturgeschichte der Menschheit_, ii. 591. Occasionally, however,
-composition occurs even among such a poor people as the Yahgans of
-Tierra del Fuego. "Sometimes," says Mr. Bridges (in _A Voice for South
-America_, xiii. 207), "the murderer is suffered to live, but he is
-much beaten and hurt, and has to make many presents to the relatives
-of the dead."]
-
-[Footnote 64: Schmidt, _Ethik der alten Griechen_, ii. 125 _sqq._
-Rohde, _Psyche_, pp. 8 _sqq._, 238.]
-
-[Footnote 65: Kovalewsky, _Coutume contemporaine et loi ancienne_,
-p. 238.]
-
-[Footnote 66: Macdonald, _Africana_, i. 170 _sq._]
-
-[Footnote 67: _Cf._ Steinmetz, _Studien_, i. 452.]
-
-We may expect, then, to find the customs regarding blood-revenge and
-compensation to vary exceedingly among different peoples. Among many
-the rule of revenge is strictly followed, and compensation never, or
-rarely, accepted, at least for intentional homicide. This group
-includes not only tribes who are in a state of savagery, but peoples
-like the Beni Amer,[68] Marea,[69] Kabyles of Jurjura,[70] and Jbâla
-of Morocco. Burckhardt says of the Bedouins:--"The stronger and the
-more independent a tribe is, the more remote from cultivated
-provinces, and the wealthier its individuals, the less frequently are
-the rights of the _Thar_ commuted into a fine. Great sheiks, all over
-the Desert, regard it as a shameful transaction to compromise in any
-degree for the blood of their relations."[71] Among the mountains of
-Daghestan[72] and in parts of Albania[73] it is likewise considered
-disgraceful to accept compensation for the murder of a relative.
-
-[Footnote 68: Munzinger, _Ostafrikanische Studien_, p. 321 _sq._]
-
-[Footnote 69: _Ibid._ p. 242.]
-
-[Footnote 70: Hanoteau and Letourneux, _op. cit._ iii. 61 _sq._]
-
-[Footnote 71: Burckhardt, _Notes on the Bedouins and Wahábys_, p. 178,
-_Cf._ Burton, _Pilgrimage to Al-Madinah and Meccah_, ii. 103.]
-
-[Footnote 72: Kovalesky, in _Revue internationale de Sociologie_,
-ii. 87.]
-
-[Footnote 73: Hahn, _op. cit._ i. 178.]
-
-In some instances the acceptance of compensation does not necessarily
-mean that the family of the slain altogether renounce their right of
-revenge. Among the Ahts, "though it is usual to accept large presents
-as expiation for murder, yet, practically, this expiation is not
-complete, and blood alone effectually atones for blood. An accepted
-present never quite cancels the obligation to punish in the breast of
-the offended person or tribe."[74] Among the Somals, "after the
-equivalent is paid, the {488} murderer or one of his clan, contrary to
-the spirit of El Islam, is generally killed by the kindred or tribe of
-the slain."[75] Among the Berbers (Shlu[h.]) of the province of Sûs,
-in Southern Morocco, a person who commits homicide immediately flees
-to another tribe, and places himself under its protection. His
-relatives then pay _ddit_, or blood-money, to the family of the
-victim, but this only prevents the offended party from taking revenge
-on any of them, and does not entitle the murderer to return; if he
-appears outside the tribe to whom he has fled for refuge, he is at any
-time liable to be killed. Among the Ossetes, again, it was formerly "a
-prevalent custom for a murderer to pay a fixed price for a certain
-time to the family of the murdered man, say for a year, during which
-time the blood-revenge remained dormant."[76]
-
-[Footnote 74: Sproat, _Scenes and Studies of Savage Life_, p. 153.]
-
-[Footnote 75: Burton, _First Footsteps in East Africa_, p. 87 n. [dagger].
-_Cf._ Paulitschke, _Ethnographie Nordost-Afrikas_, p. 263.]
-
-[Footnote 76: von Haxthausen, _Transcaucasia_, p. 405.]
-
-In many instances, on the other hand, custom allows the acceptance of
-compensation as a perfectly justifiable alternative for blood-revenge,
-or even regards it as the proper method of settling the case. Among
-the Indians of Western Washington and North-Western Oregon the
-principle of life for life, though fully recognised, is sometimes
-abrogated in favour of material damages.[77] Among the Thlinkets "the
-murder of a relative can be atoned for by a certain number of
-blankets."[78] Among the Californian Karok the murder of a man's
-nearest relative may be compounded for by the payment of money.[79]
-The Kutchin demand blood-money for a slain kinsman, but avenge his
-death should such be denied.[80] Among the Kandhs the custom of
-blood-revenge was modified by the principle of money compensation, the
-acceptance of such compensation being in no case considered
-disgraceful.[81] In the Malay Archipelago, whilst the more ferocious
-tribes {489} insist, in many situations, upon a literal compliance
-with the law of retaliation, other tribes constantly accept a
-pecuniary compensation.[82] Among the majority of the Bedawee tribes
-of Egypt compensation is generally taken in commutation for
-vengeance;[83] and the same is the case among the Aenezes, though it
-would reflect shame on the friends of the slain person if they were to
-make the first overture.[84] Among the Wadshagga, again, the
-acceptance of blood-money is obligatory.[85] The Vendîdâd forbids the
-followers of Zoroastrianism to refuse the compensation offered for a
-deed of bloodshed.[86] Among the Irish the public opinion of the
-village held that the quarrels between its members should be
-compromised in a certain manner. However, if the guilty party did not
-pay the amount awarded, the community did not compel him to do so, and
-the injured party was then at liberty to avenge his own wrongs by
-reprisals or levying of private war.[87] Among the Teutons the kindred
-of the slain might, in early times, choose between taking revenge or
-accepting compensation, just as they liked; but later on they were
-expected by public opinion, and finally required by public authority,
-not to pursue the feud if the proper composition was forthcoming,
-except in a few extreme cases.[88]
-
-[Footnote 77: Gibbs, 'Tribes of Western Washington and Northwestern
-Oregon,' in _Contributions to North American Ethnology_, i. 189.]
-
-[Footnote 78: Petroff, _loc. cit._ p. 165.]
-
-[Footnote 79: Powers, _Tribes of California_, p. 21.]
-
-[Footnote 80: Richardson, _Arctic Searching Expedition_, i. 386.]
-
-[Footnote 81: Hunter, _Annals of Rural Bengal_, ii. 76. Macpherson,
-_Memorials of Service in India_, p. 82.]
-
-[Footnote 82: Crawfurd, _History of the Indian Archipelago_, iii. 111.]
-
-[Footnote 83: Lane, _Manners and Customs of the Modern Egyptians_,
-p. 120.]
-
-[Footnote 84: Burckhardt, _Notes on the Bedouins and Wahábys_, p. 87.]
-
-[Footnote 85: Merker, quoted by Kohler, in _Zeitschr. f. vergl.
-Rechtswiss._ xv. 56.]
-
-[Footnote 86: Geiger, _op. cit._ ii. 34.]
-
-[Footnote 87: _Ancient Laws of Ireland_, iii. p. lxxx.]
-
-[Footnote 88: Keyser, _op. cit._ ii. pt. ii. 95. Pollock and Maitland,
-_op. cit._ i. 46 _sq._ _Gotlands-Lagen_, 13.]
-
-Thus the exaction of life for life, from being a duty incumbent on the
-family of the dead, becomes a mere right of which they may or may not
-avail themselves, as they please, and is at last publicly disapproved
-of or actually prohibited. Among the circumstances by which this
-process has been brought about there is still one which calls for
-special attention, namely, the pressure of some intervening authority,
-the elders of the tribe,[89] or {490} the chief, inducing the avenger
-to lay down his weapon and to accept money for blood. I do not say
-that the practice of compensation has originated in such an
-intervention; we meet it among peoples who know nothing of courts,
-judges, or regular arbitrators.[90] But when we hear of chiefs making
-efforts to check the blood-feud by persuading the injured party to
-accept remuneration in money or property, it is impossible to doubt
-that some connection exists between the system of compensation and the
-judicial power of the chief. Among the Indians of Brazil, when blood
-is shed, either designedly or accidentally, by one of the same tribe,
-the chief not seldom insists upon the acceptance of compensation by
-the family of the deceased.[91] Of the people of Nias, amongst whom
-the offender may suffer death at the hands of the avenger, we read
-that even grave cases, when brought before the chief, are often
-punished by fines only.[92] Among the Dooraunees, in Western
-Afghanistan, "if the offended party complains to the Sirdar, or if
-_he_ hears of a murder committed, he first endeavours to bring about a
-compromise, by offering the Khoon Behau, or of price of blood."[93]
-The Teutonic nations, as Kemble observes, in the course of time made
-the State the arbitrator between the parties "by establishing a tariff
-at which injuries should be rated, and committing to the State the
-duty of compelling the injured person to receive, and the wrong-doer
-to pay, the settled amount. It thus engaged to act as a mediator
-between the conflicting interests, with a view to the maintenance of
-the general peace."[94]
-
-[Footnote 89: _Cf._ Vámbéry, _Das Türkenvolk_, p. 305 _sq._ (Kirghiz);
-Munzinger, _Ostafrikanische Studien_, p. 500 (Barea and Kunáma).]
-
-[Footnote 90: _E.g._, the Fuegians (Bridges, in _South American
-Missionary Magazine_, xiii. 152. _Idem_, in _A Voice for South
-America_, xiii. 207).]
-
-[Footnote 91: von Martius, _Beiträge zur Ethnographie Amerika's_, i.
-130. _Idem_, in _Jour. Roy. Geographical Soc._ ii. 199.]
-
-[Footnote 92: Modigliani, _Viaggio a Nías_, p. 496.]
-
-[Footnote 93: Elphinstone, _Kingdom of Caubul_, ii. 105 _sq._]
-
-[Footnote 94: Kemble, _Saxons in England_, i. 270.]
-
-We have previously discussed the important measure of substituting
-punishment for revenge by transferring the judicial and executive
-power of the avenger to a special authority within the body politic,
-commissioned with {491} the administration of justice. The system of
-compensation was only one or the methods adopted by such an authority
-for the settling of disputes; and, on the whole, it was a sign of
-weakness. Speaking of the Rejangs of Sumatra, Marsden observes that
-the practice of expiating murder by the payment of a certain sum of
-money "had doubtless its source in the imbecility of government, which
-being unable to enforce the law of retaliation, the most obvious rule
-of punishment, had recourse to a milder scheme of retribution, as
-being preferable to absolute indemnity."[95] When the central power of
-jurisdiction is firmly established, the rule of life for life regains
-its sway.[96] Thus, in the mature legislation of semi-civilised and
-civilised peoples, up to quite recent times, murder has almost
-invariably been treated as a capital offence--unless, indeed,
-committed by some person belonging to a specially privileged class,
-such as the Peruvian Incas,[97] the Brâhmanas of India,[98] or, in
-England, all who had the benefit of Clergy, that is, every man who
-knew how to read, with the exception of those who were married to
-widows.[99] But among many of the lower races, also, manslayers are
-subject to capital punishment, in the proper sense of the term--to
-death inflicted, not by an individual avenger, but by the community at
-large or by some special authority.[100]
-
-[Footnote 95: Marsden, _History of Sumatra_, p. 246.]
-
-[Footnote 96: _Cf._ Brunner, _Deutsche Rechtsgeschichte_, ii. 599
-_sq._ (Teutonic peoples).]
-
-[Footnote 97: Réville, _Hibbert Lectures on the Native Religions of
-Mexico and Peru_, p. 151.]
-
-[Footnote 98: _Laws of Manu_, viii. 380 _sq._]
-
-[Footnote 99: Stephen, _History of the Criminal Law of England_, i.
-458 _sqq._ According to the Cornelian law, a free Roman citizen could
-not be punished capitally for the commission of murder, but was simply
-exiled from Italy, whereas a slave was executed for a similar crime
-(Mommsen, _Römisches Strafrecht_, p. 631 _sq._).]
-
-[Footnote 100: _Supra_, pp. 171, 172, 189. Veniaminof, quoted by
-Petroff, _loc. cit._ p. 152 (Aleuts). Adair, _History of the American
-Indians_, p. 150. Morgan, _League of the Iroquois_, p. 331. Harmon,
-_Journals of Voyages and Travels_, p. 348 (Indians on the east side of
-the Rocky Mountains). Turner, _Samoa_, pp. 178, 295, 334 (Samoans,
-natives of Arorae, Efatese). Thomson, in _Jour. Anthr. Inst._ xxxi.
-143 (Savage Islanders). Hickson, _A Naturalist in North Celebes_, p.
-198 (Sangirese, in former days). Abreu de Galindo, _History of the
-Discovery and Conquest of the Canary Islands_, p. 27 (aborigines of
-Ferro). Johnston, _Uganda Protectorate_, ii. 882 (Mutei). Beltrame,
-_Il Fiume Bianco e i Dénka_, p. 77. In all these cases homicide or
-murder is said to be punished with death; but it may be that, in some
-of them, our authorities have not sufficiently distinguished between
-punishment and blood-revenge.]
-
-It is not only by the slaying of a fellow-creature that a person may
-forfeit his right to live. Among various peoples custom allows, or
-sometimes even compels, the offended party to kill the offender in
-cases which involve {492} no blood-guiltiness, especially
-adultery;[101] and we hear of capital punishment being inflicted not
-only for homicide, but for treason,[102] incest,[103] adultery,[104]
-witchcraft,[105] sacrilege,[106] theft,[107] and other offences.[108]
-We have seen that among semi-civilised and civilised nations,
-particularly, the punishment of death has been applied to a great
-variety of offences, many of which appear to us almost venial.[109]
-And we have discussed both the origin of the idea that justice
-requires life for life, and the circumstances that have led to the
-infliction of punishments the severity of which, apparently at least,
-bears no proportion to the magnitude of the crime.[110]
-
-[Footnote 101: _Supra_, p. 290 _sqq._ _Infra_, on Sexual Morality.
-Post, _Studien zur Entwicklungsgeschichte des Familienrechts_,
-p. 134 _sq._]
-
-[Footnote 102: _Supra_, p. 189.]
-
-[Footnote 103: _Infra_, on Sexual Morality.]
-
-[Footnote 104: _Supra_, p. 189. _Infra_, on Sexual Morality.]
-
-[Footnote 105: _Supra_, p. 189 _sq._]
-
-[Footnote 106: _Supra_, p. 197.]
-
-[Footnote 107: _Infra_, on the Right of Property.]
-
-[Footnote 108: _Supra_, p. 195.]
-
-[Footnote 109: _Supra_, p. 186 _sqq._]
-
-[Footnote 110: _Supra_, ch. vii.]
-
-But whilst, among peoples of culture, capital punishment has been
-inflicted far beyond the limits of the _lex talionis_, we meet, on the
-other hand, among such peoples with opinions to the effect that it
-should not be applied even in the most atrocious cases. The old
-philosopher Lao-tsze, the founder of Taouism, condemned it both as
-useless and as irreverent. The people, he argued, do not fear death;
-to what purpose, then, is it to try to frighten them with death? There
-is only one who presides over the infliction of it. "He who would
-inflict death in the room of him who presides over it may be described
-as hewing wood instead of a great carpenter. Seldom is it that he who
-undertakes the hewing, instead of the great carpenter, does not cut
-his own hands."[111] Nor does Confucius seem to have been in favour of
-capital punishment. When Chî {493} K'ang asked his opinion as to the
-killing of "the unprincipled for the good of the principled,"
-Confucius replied:--"Sir, in carrying on your government, why should
-you use killing at all? Let your evinced desires be for what is good,
-and the people will be good."[112] The early Christians generally
-condemned the punishment of death, as well as all other forms of
-shedding human blood;[113] but when the Church obtained an ascendency,
-the condemnation of it was modified into the doctrine that no priest
-or bishop must take any part in a capital charge.[114] Later on, from
-the twelfth century at least, the priest might assist at judicial
-proceedings resulting in a sentence of death, if only he withdrew for
-the moment, when the sentence was passed.[115] And whilst
-ostentatiously sticking to the principle, "Ecclesia non sitit
-sanguinem,"[116] the Church had frequent recourse to the convenient
-method of punishing heretics by relegating the execution of the
-sentence to the civil power, with a prayer that the culprit should be
-punished "as mildly as possible and without the effusion of blood,"
-that is, by the death of fire.[117] In modern times the views of the
-early Christians regarding capital punishment have been revived by the
-Quakers;[118] but the powerful movement in favour of its abolition
-chiefly derives its origin from the writings of Beccaria and the
-French Encyclopedists.
-
-[Footnote 111: _Tâo Teh King_, 74.]
-
-[Footnote 112: _Lun Yü_, xii. 19.]
-
-[Footnote 113: Hetzel, _Die Todesstrafe_, p. 71 _sqq._ Günther, _Die
-Idee der Wiedervergeltung_, i. 271. Lactantius, _Divinæ
-Institutiones_, vi. ('De vero cultu') 20 (Migne, _Patrologiæ cursus_,
-vi. 708): ". . . occidere hominem sit semper nefas, quem Deus sanctum
-animal esse voluit."]
-
-[Footnote 114: _Supra_, p. 381 _sq._ Lecky, _History of European
-Morals_, ii. 39. Laurent, _Études sur l'histoire de l'Humanité_, iv.
-223; vii. 233.]
-
-[Footnote 115: Gerhohus, _De ædificio Dei_, 35 (Migne, _op. cit._
-cxciv. 1282).]
-
-[Footnote 116: Katz, _Grundriss des kanonischen Strafrechts_, p. 54.]
-
-[Footnote 117: Lecky, _History of European Morals_, ii. 41.]
-
-[Footnote 118: Gurney, _Views & Practices of the Society of Friends_,
-pp. 377 n. 1, 389.]
-
-The great motive force of this movement has been sympathy with human
-suffering and horror of the destruction of human life--feelings which
-have been able to operate the more freely, the less they have been
-checked either by the belief in the social expediency of {494} capital
-punishment, or by the notion of a vindictive god who can be
-conciliated only by the death of the offender. It has been argued that
-the punishment of death is no more effective as a deterrent from crime
-than are certain other punishments. According to Beccaria, it is not
-the intensity of a pain which produces the greatest effect on the mind
-of man, but its continuance; hence the execution of a culprit,
-occupying a short time only, must be a less deterring example than
-perpetual slavery, which ought to be the penalty for the greatest
-crimes.[119] Moreover, the circumstances which unavoidably attend the
-practical application of the punishment of death are such as excite
-the sympathy of the public in favour of the perpetrator of the crime
-and thereby seriously impair the efficacy of the punishment as an
-example.[120] An execution is regarded as less degrading than many
-other forms of punishment; when a man dies on the scaffold there is a
-counterpoise to the disgrace in the admiration excited by his
-firmness, whereas there is no such counterpoise when a man goes off in
-the prison van to be immured in a cell.[121] Statistical data prove,
-it is said, that, where capital punishment has been abolished either
-for certain crimes or generally, crime has not become more frequent
-after the abolition, whilst the re-enactment of capital punishment, or
-greater strictness in its execution, has nowhere diminished the number
-of offences punishable with death.[122] And the punishment of death is
-no more required by the dictates of abstract justice than it is
-requisite for the safety of the community. It is quite an arbitrary
-assumption, based on the rude theory of talion, that death must be
-inflicted on him who has caused death; such an assumption can be
-refuted simply by showing that there are many degrees of
-homicide.[123] Nay, far from being postulates of the highest justice,
-laws which {495} prescribe capital punishment may lead to the highest
-injustice. As Bentham observes, "the punishment of death is not
-remissible"; error is possible in all judgments, but whilst in every
-other case of judicial error compensation can be made, death alone
-admits of no compensation.[124] And not only may the innocent have to
-suffer an irreparable punishment, but the criminal easily escapes his
-punishment altogether. Experience shows that the punishment of death
-has the disadvantage of diminishing the repressive power of the legal
-menace, because witnesses, judges, and jurymen exert themselves to the
-utmost in order to avoid arriving at a verdict of guilty in many cases
-where an execution would be the consequence of such a verdict.[125]
-Finally, the punishment of death almost entirely misses one of the
-most essential aims of every legitimate punishment, the reformation of
-the criminal. Nay, by putting him to a speedy death we actually
-prevent him from morally reforming himself, and from manifesting the
-fruits of sincere repentance; and we perhaps deprive him of the
-opportunity of making good his claim to mercy at the hands of another
-and a higher Tribunal, on which we are arrogantly encroaching in a
-matter of which we are wholly unfit to judge.[126]
-
-[Footnote 119: Beccaria, _Dei delitti e delle pene_, § 16.]
-
-[Footnote 120: Romilly, _Punishment of Death_, p. 56 _sqq._]
-
-[Footnote 121: _Ibid._ p. 47 _sq._ Hetzel, _op. cit._ p. 454 _sqq._]
-
-[Footnote 122: Mittermaier, _Die Todesstrafe_, p. 150 _sqq._
-Olivecrona, _Om dödsstraffet_, p. 130 _sqq._]
-
-[Footnote 123: Mittermaier, _op. cit._ pp. 62, 133. von Mehring,
-_Frage von der Todesstrafe_, p. 19 _sqq._]
-
-[Footnote 124: Bentham, _Rationale of Punishment_, p. 186 _sqq._ _Cf._
-Hetzel, _op. cit._ p. 442 _sqq._]
-
-[Footnote 125: Bentham, _op. cit._ p. 191 _sq._ Mittermaier, _op.
-cit._ pp. 98 _sqq._, 148.]
-
-[Footnote 126: Romilly, _op. cit._ p. 3 _sqq._]
-
-Under the influence of these and similar arguments, but chiefly owing
-to an increasing reluctance to take human life, the legislation of
-Europe has, from the end of the eighteenth century, undergone a
-radical change with reference to the punishment of death. In several
-European and American States it has been formally abolished, or is
-nowadays never inflicted,[127] whilst in the rest it is practically
-restricted to cases of wilful murder. But it still has as strenuous
-advocates as ever, and receives much support from popular feelings. It
-is said that the abolition of capital punishment would remove one of
-the {496} best safeguards of society; that it definitely prevents the
-criminal from doing further mischief; that it is a much more effective
-means of deterring from crime than any other penalty; that its
-abolition would have the disadvantage of crimes widely differing in
-their nature being placed on the same footing; that a person
-criminally disposed, if he knew that he would only be punished with
-imprisonment for life, would, instead of merely perpetrating robbery,
-commit murder at the same time, being aware that no higher penalty on
-that account would be inflicted; and so forth. As usually, religion
-also is called in to give strength to the argument. Several writers
-maintain that the statements in the Bible which command capital
-punishment have an obligatory power on all Christian legislators;[128]
-we even meet with the assertion that the object of this punishment is
-not the protection of civil society, but to carry out the justice of
-God, in whose name "the judge should sentence and the executioner
-strike."[129] But I venture to believe that the chief motive for
-retaining the punishment of death in modern legislation is the strong
-hold which the principle of talion has on the minds of legislators, as
-well as on the mind of the public. This supposition derives much
-support from the fact that capital punishment is popular only in the
-case of murder. "Blood, it is said, will have blood, and the
-imagination is flattered with the notion of the similarity of the
-suffering, produced by the punishment, with that inflicted by the
-criminal."[130]
-
-[Footnote 127: Günther, _op. cit._ iii. 347 _sqq._ von Liszt,
-_Lehrbuch des Deutschen Strafrechts_, p. 261.]
-
-[Footnote 128: Mittermaier, _op. cit._ p. 128 _sqq._]
-
-[Footnote 129: Clay, _The Prison Chaplain_, p. 357.]
-
-[Footnote 130: Bentham, _Rationale of Punishment_, p. 191.]
-
-
-
-
-CHAPTER XXI
-
-THE DUEL
-
-
-WHEN the system of revenge was replaced by the system of punishment,
-the offended party generally lost the right of killing the offender.
-But there are noteworthy exceptions to this rule. In a previous
-chapter we have seen that, among various peoples, in cases involving
-unusually great provocation, an avenger who slays his adversary is
-either entirely excused by custom or law, or becomes subject to a
-comparatively lenient punishment.[1] A few words still remain to be
-said about the most persistent survival of the custom of exacting
-vengeance with eventual destruction of life, the modern duel. But in
-connection with this survival it seems appropriate to discuss the
-practice of duelling in general, in its capacity of a recognised
-social institution.
-
-[Footnote 1: _Supra_, p. 290 _sqq._]
-
-Duelling, or the fighting in single combat on previous challenge, is
-sometimes resorted to as a means of bringing to an end hostilities
-between different groups of people. Among the aborigines of New South
-Wales "the war often ends in a single combat between chosen
-champions."[2] In Western Victoria quarrels between tribes are
-sometimes settled by duels between the chiefs, and the result is
-accepted as final. "At other times disputes are decided by combat
-between equal numbers of warriors, painted {498} with red clay and
-dressed in war costume; but real fighting seldom takes place, unless
-the women rouse the anger of the men and urge them to come to blows.
-Even then it rarely results in a general fight, but comes to single
-combats between warriors of each side; who step into the arena, taunt
-one another, exchange blows with the liangle, and wrestle together.
-The first wound ends the combat."[3] Among the Thlinkets feuds between
-clans or families were commonly settled by duels between chosen
-champions, one from each side.[4] Ancient writers tell us that among
-the Greeks, Romans, and Teutons, combats were likewise agreed upon to
-take place between a definite number of warriors, for the sake of
-ending a war.[5] According to Tacitus, the Germans had the custom of
-deciding the event of battle by a duel fought between some captive of
-the enemy and a representative of the home army.[6] In all these
-cases, as it seems, the duel originates in a desire for a speedy peace.
-
-[Footnote 2: Fraser, _Aborigines of New South Wales_, p. 40.]
-
-[Footnote 3: Dawson, _Australian Aborigines_, p. 77.]
-
-[Footnote 4: Holmberg, 'Ethnographische Skizzen über die Völker des
-russischen Amerika,' in _Acta Societatis Scientiarum Fennicæ_,
-iv. 322 _sq._]
-
-[Footnote 5: See Grotius, _De jure belli et pacis_, ii. 20. 43. 1;
-Grimm, _Deutsche Rechtsalterthümer_, p. 928.]
-
-[Footnote 6: Tacitus, _Germania_, 10.]
-
-In other instances duels are fought for the purpose of settling
-disputes between individuals, either by conferring on the victor the
-right of possessing the object of the strife, or by gratifying a
-craving for revenge and wiping off the affront.
-
-Thus, among the pagan Norsemen, any person who confided in his
-strength and dexterity with his weapons could acquire property by
-simply challenging its owner to surrender his land or fight for it.
-The combat was strictly regulated; the person challenged was allowed
-to strike first, he who retired or who lost his weapon was regarded as
-vanquished, and he who received the first wound, or who was most
-seriously wounded, had to pay a fixed sum of money in order to save
-his life.[7] In the {499} islands outside Kamchatka, if a husband
-found that a rival had been with his wife, he would admit that the
-rival had at least an equal claim to her. "Let us try, then," he would
-say, "which of us has the greater right, and shall have her." After
-that they would take off their clothes and begin to beat each other's
-backs with sticks, and he who first fell to the ground unable to bear
-any more blows, lost his right to the woman.[8] Among the Eskimo about
-Behring Strait Mr. Nelson was told by an old man that in ancient
-times, when a husband and a lover quarrelled about a woman, they were
-disarmed by the neighbours and then settled the trouble with their
-fists or by wrestling, the victor in the struggle taking the woman.[9]
-Among the Chippewyans Richardson saw more than once a stronger man
-assert his right to take the wife of a weaker countryman in
-consequence of a successful combat. "Any one," he says, "may challenge
-another to wrestle, and, if he overcomes, may carry off his wife as
-the prize. . . . The bereaved husband meets his loss with the
-resignation which custom prescribes in such a case, and seeks his
-revenge by taking the wife of another man weaker than himself."[10] In
-the tribes of Western Victoria, described by Mr. Dawson, a young chief
-who cannot get a wife, and falls in love with one belonging to a chief
-who has more than two, can, with her consent, challenge the husband to
-single combat, and, if the husband is defeated, the conqueror makes
-her his legal wife.[11] "In some points," says Mr. Riedel, "the
-aboriginal law of retaliation in Australia corresponds with the code
-of honour, so called, which certain classes in Europe have long
-maintained. When one blackfellow carries off the {500} wife of
-another, the injured husband and the betrayer meet in mortal combat;
-and the spear that spills the life blood repairs the wounded honour of
-the one, or justifies in the eyes of society the crime of the
-other."[12] Among the aborigines of Western Australia "duels are
-common between individuals who have private quarrels to settle, a
-certain number of spears being thrown until honour is satisfied."[13]
-Among the Dieyerie tribe, should anybody accuse another wrongfully, he
-is challenged to fight by the person he has accused, and this settles
-the matter.[14] Of the duels fought among the natives of
-North-West-Central Queensland Dr. Roth gives us an interesting
-account. Supposing an individual considers himself aggrieved, a duel
-often takes place at a distance from camp. There is no intention of
-killing. With two-handed swords, the combatants would only aim at
-striking each other on the head; with spears, they would only make for
-the fleshy parts of the thighs; with stone-knives, they would only cut
-into the shoulders, flanks, and buttocks, producing gashes an inch or
-more deep, and up to seven or even eight inches long. The lying upon
-the back on the ground--a posture in which no lawful incisions with a
-stone-knife can be made--is the sign of defeat, indicating that the
-combatant has had enough, and gives in. But the matter has not yet
-come to an end; the duels of these savages are not so defective in
-point of justice as the modern duels of Europe. "The fight between the
-two individuals being at length brought to a termination, steps are
-taken by the old men and elders to inquire into the rights or wrongs
-of the dispute. If the victor turns out to be the aggrieved party he
-has to show good cause, as for instance that the man whom he had just
-taken upon himself to punish had raped his gin, gave him the _munguni_
-[or death-bone], or wrought him some similarly flagrant wrong: under
-such circumstances, no further action is taken by anyone. If, {501} on
-the other hand, the victor happens to be the aggrieved party only in
-his own opinion, and not in that of those to whom he is answerable,
-and who do not believe the grounds on which he commenced the fight to
-be sufficient, he has to undergo exactly the same mutilations
-subsequently at the hands of the vanquished as he himself had
-inflicted." And should one of the combatants be killed in the duel,
-which may sometimes happen, the survivor, unless he can show that he
-had sufficient provocation or cause, "will be put to death in similar
-manner, at the instance of the camp-council, and usually undergo the
-extra degradation of digging his own as well as his victim's
-grave."[15] Of the South American Charruas Azara writes:--"Ce sont les
-parties elles-mêmes qui arrangent leurs différends particuliers: si
-elles ne sont pas d'accord, elles se chargent à coups de poing,
-jusqu'à ce qu'une des deux tourne le dos et laisse l'autre, sans
-reparler de l'affaire. Dans ces duels, ils ne font jamais usage des
-armes; et je n'ai jamais ouï dire qu'il y ait eu quelqu'un de
-tué."[16] If an Apache kills another, "the next-of-kin to the defunct
-individual may kill the murderer--if he can. He has the right to
-challenge him to single combat, which takes place before all assembled
-in the camp, and both must abide the result of the conflict. There is
-no trial, no set council, no regular examination into the crime or its
-causes; but the ordeal of battle settles the whole matter."[17] Among
-the Central Eskimo, "strange as it may seem, a murderer will come to
-visit the relatives of his victim (though he knows that they are
-allowed to kill him in revenge) and will settle with them. He is
-kindly welcomed, and sometimes lives quietly for weeks and months.
-Then he is suddenly challenged to a wrestling match, and if defeated
-is killed, or if victorious he may kill one of the opposite party, or
-when hunting, he is {502} suddenly attacked by his companions and
-slain."[18] Richardson heard that some of the Eskimo "decided their
-quarrels by alternate blows of the fist, each in turn presenting his
-head to his opponent."[19] The Tunguses formerly had a duel with
-arrows called _koutschiguera_, which was fought "only in the presence
-of the elders, who marked out the spot, settled the distance of the
-combatants, and gave the signal for letting fly."[20] The Santals have
-a tradition that years long since there was a custom amongst them "of
-deciding their disputes, when the parties were males, by the ordeal of
-single combat. The bow and arrow or hanger served in lieu of pistol
-and sword for these rustic duels. Such affairs of honour were always
-fatal to one party, but of late times, as equitable remedies have been
-brought nearer to them, this remnant of a barbarous age has
-disappeared.**"[21] Mr. Man also heard that the Kols at one time
-preferred the duel to any other mode of seeking redress for a
-wrong.[22] The ancient Swedes were even compelled by law to fight
-duels to repair their wounded honour. The so-called 'Hedna-lag,' a
-fragment of an old pagan law, prescribes that, if any man says to
-another, "You are not a man's equal, you have not the heart of a man,"
-and the other replies, "I am a man as good as you," they shall
-encounter in a place where three roads meet. If he who has suffered
-the insult does not appear, he shall be held to be what the other one
-called him, and he shall henceforth be allowed neither to swear nor to
-give evidence in any case. If, on the other hand, they meet in single
-combat, and the offended party kills the offender, he shall have to
-pay no compensation for it; but if the offender kills his opponent, he
-shall pay half his price.[23]
-
-[Footnote 7: Lea, _Superstition and Force_, p. 111 _sq._ Keyser,
-_Efterladte Skrifter_, ii. pt. i. 391. Weinhold, _Altnordisches
-Leben_, p. 297. von Amira, 'Recht,' in Paul's _Grundriss der
-germanischen Philologie_, iii. 217 _sq._ Arnesen, _Historisk
-Indledning til den gamle og nye Islandske Raettergang_, p. 158 _sq._
-Rosenberg, _Traek af Livet paa Island i Fristats-Tiden_, p. 98 n.]
-
-[Footnote 8: Steller, _Beschreibung von dem Lande Kamtschatka_, p. 348.]
-
-[Footnote 9: Nelson, 'Eskimo about Behring Strait,' in _Ann. Rep. Bur,
-Ethn._ xviii. 292.]
-
-[Footnote 10: Richardson, _Arctic Searching Expedition_, ii. 24 _sq._]
-
-[Footnote 11: Dawson, _op. cit._ p. 36. For other instances of rights
-to women being acquired by duels, see Westermarck, _History of Human
-Marriage_, p. 159 _sqq._; Post, _Afrikanische Jurisprudenz_, ii. 23
-_sq._ (people of Kordofan).]
-
-[Footnote 12: Riedel, _Aborigines of Australia_, p. 6.]
-
-[Footnote 13: Calvert, _Aborigines of Western Australia_, p. 22.]
-
-[Footnote 14: Gason, 'Manners and Customs of the Dieyerie Tribe,' in
-Woods, _Native Tribes of South Australia_, p. 266.]
-
-[Footnote 15: Roth, _Ethnological Studies among the North-West-Central
-Queensland Aborigines_, p. 139 _sq._]
-
-[Footnote 16: Azara, _Voyages dans l'Amérique méridionale_, ii. 16.]
-
-[Footnote 17: Cremony, _Life among the Apaches_, p. 293.]
-
-[Footnote 18: Boas, 'Central Eskimo,' in _Ann. Rep. Bur. Ethn._ vi. 582.]
-
-[Footnote 19: Richardson, _Arctic Searching Expedition_, i. 367 _sq._]
-
-[Footnote 20: Georgi, _Russia_, iii. 83.]
-
-[Footnote 21: Man, _Sonthalia and the Sonthals_, p. 90.]
-
-[Footnote 22: _Ibid._ p. 90.]
-
-[Footnote 23: Leffler, _Om den fornsvenska hednalagen_, p. 40 _sq._
-(in _K. Vitterhets Historie och Antiqvitets Akademiens Månadsblad_,
-1879, p. 139 _sq._). Professor Leffler is inclined to believe that
-this fragment once formed a part of the older Vestgötalag (_op. cit._
-p. 35, in the _Månadsblad_, p. 134).]
-
-{503} These customs and rules are due to a variety of circumstances.
-To recognise the duel as a means of acquiring a right to land or
-women, is a concession to superior strength in a society where there
-is no government, or where the government is weak; whilst in the
-opportunity given to the challenged party to oppose the avenger on
-equal terms we may trace the interfering influence of public opinion.
-The duel is also in a higher degree than downright violence calculated
-to bring about a definite arrangement; and in some cases, as we have
-seen, it is a mere sham-fight, which may serve as a preventive against
-the infliction of more serious injuries, by showing which party is the
-weaker and, consequently, has to give in. In other cases, again, the
-challenge is a method of bringing forward an offender who otherwise
-might be out of reach, and of limiting the fight to the parties
-themselves, so as to prevent whole families from making war upon each
-other.[24] Moreover, a duel may be preferable to an ordinary act of
-revenge as a means of wiping off an affront and of satisfying the
-claims of honour; it displays more courage, it commands more respect.
-In several of the cases referred to it is obviously a mitigated form
-of revenge, a method of settling a point of honour in a comparatively
-harmless way, and as such it has certain advantages over the practice
-of compensation; it requires no wealth on the part of the offender,
-and allows of no doubt as to the courage of the sufferer.[25] The
-Queensland aborigines are said to be very proud of the wounds they
-receive in their single combats,[26] and the duelling Eskimo "consider
-it cowardly to evade a stroke."[27] The duel {504} may, finally, be
-regarded as the most equitable form of settling disputes in cases
-where both parties claim to be in the right. Sometimes it is even
-resorted to as a means of ascertaining the truth, as an ordeal or
-"judgment of God."
-
-[Footnote 24: _Cf._ Arnesen, _op. cit._ pp. 150, 166 _sq._]
-
-[Footnote 25: According to Dr. Steinmetz, the origin of the duel is
-"die Beschränkung des Rachekampfes. . . . Die treibende Kraft, welche
-zu dieser duellartigen Beschränkung führte, war die Exogamie, die
-verwandtschaftlichen Beziehungen zwischen Gruppen, der Friedensverlangen
-erzeugende, erweiterte Verkehr derselben. Negative Bedingungen waren:
-das Fehlen einer rechtsprechenden centralen Regierungsgewalt, und das
-nicht Erfülltsein der Entwicklungsbedingungen der Composition,
-namentlich der Mangel an ökonomischen Gütern, welche die materielle
-Entschädigung unmöglich machte" (Steinmetz, _Studien zur ersten
-Entwicklung der Strafe_, ii. 67, 87).]
-
-[Footnote 26: Roth, _op. cit._ p. 140.]
-
-[Footnote 27: Richardson, _Arctic Searching Expedition_, i. 368.]
-
-The wager of battle is well known to every student of mediæval law.
-Outside Europe we meet with a similar institution in the Malay
-Archipelago. In his 'History of the Indian Archipelago,' Mr. Crawfurd
-states:--"The trial by combat or duel, and the appeal to the judgment
-of God by various descriptions of ordeal, are not unknown. The Malay
-laws direct that the combat or ordeal shall be had recourse to in the
-absence of evidence, in the following words: 'If one accuse and
-another deny, and there be no witnesses on either side, the parties
-shall either fight or submit to the ordeal of melted tin or boiling
-oil.'"[28] The natives of the Barito River basin in Borneo have the
-following ordeal, called the _Hagalangang_:--"Both parties are placed
-in boxes at a distance of seven fathoms opposite one another, the
-boxes being made of nibong laths and so high as to reach a man's
-breast. Then both receive a sharpened bamboo of a lance's length to
-throw at each other at a given signal. The wounded person is supposed
-to be guilty."[29] Among the Teutons the judicial combat seems to have
-developed out of the ancient practice of settling disputes by private
-duelling. In a time when the community did its best to suppress acts
-of revenge, it was no doubt a wise measure to adopt the duel as a form
-of judicial procedure, investing it with the character of an
-ordeal.[30] It seems probable that the duel assumed this character
-already among the pagan Teutons.[31] Like other ordeals it was
-resorted to in cases where there was some doubt as to the guilt of the
-accused.[32] To {505} appeal to "the judgment of God" was an expedient
-substitute for human evidence in a society where nothing was more
-difficult than to procure reliable witnesses, and where superstition
-reigned supreme. Speaking of the Franks, M. Esmein observes:--"En
-dehors du flagrant délit ou de l'aveu de l'accusé, tout était
-incertitude. . . . Par solidarité forcée, jamais un homme ne
-témoignera contre un autre homme du même groupe; il ne témoignera pas
-non plus par crainte de la vengeance et des représailles contre un
-homme appartenant à un autre groupe."[33] I shall later on try to
-prove that the ordeal is not, as it is often supposed to be,
-primordially based on the belief in an all-knowing, all-powerful, and
-just god, who protects the innocent and punishes the guilty, but that
-it largely springs from the same notion as underlies the belief in the
-efficacy of an oath. The ordeal, then, intrinsically involves an
-imprecation with reference to the guilt or innocence of a suspected
-person, and its proper object is to give reality to this imprecation,
-for the purpose of establishing the validity or invalidity of the
-suspicion. This also holds good of the judicial combat. The issue of
-the fight decided the question of guilt because of the imprecation
-involved in the oath preceding the duel. Before the conflict commenced
-each party asserted his good cause in the most positive manner,
-confirmed his assertion by a solemn oath on the Gospels or on a relic
-of approved sanctity, and called upon God to grant victory to the
-right. Such an oath was an indispensable preliminary to every combat,
-and the defeat was thus not merely the loss of the suit, but also a
-conviction of perjury, to be punished as such.[34] That the real
-object of the judicial duel was to correct the abuses of compurgation
-by oath appears from various {506} facts. Gundebald, king of the
-Burgundians, says expressly, in the preamble to a law by which he
-authorises the wager of battle, that his reason for doing so is, that
-his subjects may no longer take oaths upon uncertain matters, or
-forswear themselves upon certain.[35] Charlemagne urged the use of the
-duel as greatly preferable to the shameless oaths which were taken
-with so much facility, and Otho II. ordered its employment in various
-forms of procedure for the same reason.[36] Witnesses might have to
-fight as well as principals. A Bavarian law even directed the claimant
-of an estate to combat not the defendant, but his witness;[37] and in
-the later Middle Ages, after enlightened legislators had been
-strenuously and not unsuccessfully endeavouring to limit the abuse of
-the judicial combat, the challenging of witnesses was still the
-favourite mode of escaping legal condemnation.[38] Some codes required
-the witnesses to come into court armed, and to have their weapons
-blessed on the altar before giving their testimony.[39] The practice
-of blessing the arms before the duel took place[40] was no doubt
-intended to enable them the better to carry out the imprecation by
-saturating them with sanctity, or by increasing their natural
-sanctity; weapons are commonly regarded with superstitious veneration,
-hence oaths taken upon them are held to be particularly binding.[41]
-But though the judicial duel fundamentally derived its efficacy as a
-means of ascertaining the truth from its connection with an oath, it
-has, owing to the tendency of magic to fuse into religion, readily
-come to be regarded as an appeal to the justice of God, just as curses
-are transformed into {507} prayers and perjury becomes an offence
-against the Deity.
-
-[Footnote 28: Crawfurd, _History of the Indian Archipelago_, iii. 92.]
-
-[Footnote 29: Schwaner, _Borneo_, i. 212.]
-
-[Footnote 30: Dahn observes (_Bausteine_, ii. 57) that "der Kampf
-ursprünglich gar kein Gottesurtheil, sondern lediglich eine Verweisung
-der Parteien auf Selbsthülfe . . . war." _Cf._ Patetta, _Le ordalie_,
-p. 178.]
-
-[Footnote 31: Patetta, _op. cit._ p. 179.]
-
-[Footnote 32: See Unger, 'Der gerechtliche Zweikampf bei den
-germanischen Völkern,' in _Göttinger Studien_, 1847, Zweite
-Abtheilung, p. 358 _sq._]
-
-[Footnote 33: Esmein, _Cours élémentaire du droit français_, p. 96 _sq._]
-
-[Footnote 34: _Lex Baiuwariorum_, ii. 1. Jourdan, Decrusy, and
-Isambert, _Recueil général des anciennes lois françaises_, ii. 840
-_sqq._ Bracton, _De Legibus et Consuetudinibus Angliæ_, fol. 141 b
-_sq._, vol. ii. 438 _sqq._: "Sic me Deus adjuvet & haec sancta." Lea,
-_Superstition and Force_, p. 166 _sq._ Brunner, _Deutsche
-Rechtsgeschichte_, ii. 415. von Amira, 'Recht,' in Paul's _Grundriss
-der germanischen Philologie_, iii. 218. Unger, _loc. cit._ p. 386.
-Tuchmann, in _Mélusine_, iv. 130.]
-
-[Footnote 35: _Leges Burgundionum_, Leges Gundebati, 45.]
-
-[Footnote 36: Lea, _op. cit._ p. 118.]
-
-[Footnote 37: _Lex Baiuwariorum_, xvii. 2 (xvi. 2).]
-
-[Footnote 38: Beaumanoir, _Coutumes du Beauvoisis_, lxi. 58, vol. ii.
-398. Lea, _op. cit._ p. 120 _sq._ Unger, _loc. cit._ p. 379 _sqq._]
-
-[Footnote 39: Lea, _op. cit._ p. 120.]
-
-[Footnote 40: Esmein, _op. cit._ p. 95.]
-
-[Footnote 41: For the worship of, and swearing by, weapons, see Du Cange,
-'Juramentum super arma,' in _Glossarium ad scriptores mediæ et infimæ
-Latinitatis_, iii. 1616 _sq._; Grimm, _Deutsche Rechtsalterthümer_,
-pp. 165, 166, 896; Pollock, _Oxford Lectures_, p. 269 _sq._ n. 1;
-Joyce _Social History of Ancient Ireland_, i. 286 _sq._ In Morocco,
-also, an oath taken on a weapon is considered a particularly solemn
-form of swearing.]
-
-In most European countries the judicial duel survived the close of the
-Middle Ages, but disappeared shortly afterwards.[42] Various
-circumstances contributed to its decline and final disappearance. From
-an early period Councils and popes had declared against it,[43] but
-with little success; many ecclesiastics, indeed, not only connived at
-the practice, but authorised it, and questions concerning the property
-of churches and monasteries were decided by combat.[44] There were
-other more powerful causes at work--the growth of communes, devoted to
-the arts of peace, seeking their interest in the pursuits of industry
-and commerce, and enjoying the advantage of settled and permanent
-tribunals; the revival of Roman law, which began to undermine all the
-institutions of feudalism;[45] the ascendency of the royal power in
-its struggle against the nobles; the increase of enlightenment, the
-decrease of superstition. But though finally banished from the courts
-of justice, the duel did not die. In the sixteenth century, when the
-judicial combat faded away, the duel of honour began to flourish.[46]
-Buckle justly observes that, "as the trial by battle became disused,
-the people, clinging to their old customs, became more addicted to
-duelling";[47] hence the judicial duel may be regarded as the direct
-parent of the modern duel.[48] The Church and the State naturally
-tried to suppress this sanguinary survival of barbarism. The Council
-of Trent declared that "the detestable custom of duelling, introduced
-by the contrivance of the devil, that by the bloody death of the body
-{508} he may accomplish the ruin of the soul," was to be utterly
-exterminated from the Christian world, and that not only principals
-and seconds, but anyone who had given counsel in the case of a duel,
-or had in any other way persuaded a person thereunto, as also the
-spectators thereof, should be subjected to excommunication and
-perpetual malediction.[49] In England, Cromwell's Parliament made a
-determined effort to check the practice.[50] A Scotch law of 1600
-rendered the bare act of engaging in a duel, without license from the
-king, a capital offence.[51] About the same period the Spanish Cortes
-passed a law which subjected all parties to a duel to the penalties of
-treason.[52] In 1602, Henry IV. of France issued an edict condemning
-to death whoever should give or accept a challenge or act as
-second;[53] and already several edicts against duelling had been
-promulgated under Louis XIII.[54] when, in 1626, there was published a
-new one punishing with death any person who had killed his adversary
-in a duel, or had been found guilty of sending a challenge a second
-time.[55] But all these enactments had little or no effect. We are
-told that in the eight years between 1601 and 1609, two thousand men
-of noble birth fell in duels in France; and, according to Lord Herbert
-of Cherbury, who was ambassador at the court of Louis XIII., there was
-scarce a Frenchman worth looking on who had not killed his man in a
-duel.[56] As Robertson observes, in reference to duelling, "no custom,
-how absurd soever it may be, if it has subsisted long, or derives its
-force from the manners and prejudices of the age in which it prevails,
-was ever abolished by the bare promulgation of laws and statutes."[57]
-In spite of laws which directly prohibit duelling, or which punish
-with great severity anyone who kills another in a duel, sometimes even
-subjecting {509} him to punishment for murder,[58] the duel still
-prevails in many European countries as a recognised custom, so much
-supported by public opinion that the laws referring to it are seldom
-or never applied.
-
-[Footnote 42: Lea, _op. cit._ p. 199 _sqq._ In England, however, it
-was formally abolished by law as late as 1819 (Stephen, _History of
-the Criminal Law of England_, i. 249 _sq._).]
-
-[Footnote 43: Du Boys, _Histoire du droit criminel des peuples
-modernes_, ii. 182. Lea, _op. cit._ p. 206 _sqq._]
-
-[Footnote 44: Robertson, _History of the Reign of the Emperor Charles
-V._ i. 357 _sq._ 'Notitia gurpitionis,' in Bouquet, _Recueil des
-historiens des Gaules et de la France_, ix. 729.]
-
-[Footnote 45: Lea, _op. cit._ pp. 200-205, 211 _sq._ Unger, _loc.
-cit._ p. 392 _sqq._]
-
-[Footnote 46: Storr, 'Duel,' in _Encyclopædia Britannica_, vii. 512.]
-
-[Footnote 47: Buckle, _Miscellaneous and Posthumous Works_, i. 386.
-_Cf._ Bosquett, _Treatise on Duelling_, p. 79.]
-
-[Footnote 48: Storr, _loc. cit._ p. 511.]
-
-[Footnote 49: _Canons and Decrees of the Council of Trent_, Session
-xxv. 19, p. 274 _sq._]
-
-[Footnote 50: Pike, _History of Crime in England_, ii. 192.]
-
-[Footnote 51: Hume, _Commentaries on the Law of Scotland_, ii. 281.
-Erskine, _Principles of the Law of Scotland_, p. 560.]
-
-[Footnote 52: Truman, _Field of Honor_, p. 70.]
-
-[Footnote 53: Isambert, Taillandier, and Decrusy, _Recueil général des
-anciennes lois françaises_, xv. 351 _sq._]
-
-[Footnote 54: _Ibid._ xvi. 21, 106, 146.]
-
-[Footnote 55: _Ibid._ xvi. 176, 179.]
-
-[Footnote 56: Storr, _loc. cit._ p. 512.]
-
-[Footnote 57: Robertson, _op. cit._ i. 66.]
-
-[Footnote 58: Günther, _Die Idee der Wiedervergeltung_, iii. 225, n.
-467. Stephen, _History of the Criminal Law of England_, iii. 99 _sqq._
-Gelli, _Il duello_, p. 21.]
-
-This curious practice of taking the law into one's own hands, which we
-find existing in the midst of modern civilisation, is explicable,
-partly from the indifference with which legislators have treated
-offences against honour,[59] partly from the force of habit. The
-insulted person, finding no adequate legal remedy for the affront he
-has suffered, determines to be his own avenger, and challenges the
-offender to fight. Nor is revenge his only motive. He desires also to
-wash off the indignity by showing that he respects his honour more
-than his life. The notion that a challenge to mortal combat effaces
-the blot which an insult has imprinted upon a man's honour is a
-survival from a period when the honourable man was above everything a
-brave man.[60] By displaying courage the offended party demonstrates
-that he is not worthy of contempt, by showing timidity he condemns
-himself. So far as justice is concerned, the duel, of course, became
-an absurdity as soon as it ceased to be looked upon in the light of an
-ordeal. It compels the insulted person to expose himself to a fresh
-injury from the side of an impudent offender, it allows the scoundrel
-to repay the most condign censure with a mortal stroke. But when a
-man's honour is at stake the voice of justice is easily silenced, and
-the pressure of ancient habit is greater than ever. As is usual in
-similar cases, a variety of more or less futile arguments are adduced
-to give their support to the survival. Lord Kames maintained that, if
-two persons agree to decide their quarrel by single combat, the State
-has nothing to do with it, since they need not make use of the
-protection which the State offers them.[61] But, as a matter of fact,
-the {510} duel is not a private affair between two individuals. As
-Moore observed, "a refusal of the duel is attended with such
-mortifying circumstances, with such an imputation of meanness and
-cowardice . . . , with such a studied contempt in public, and
-exclusion from the polite circle in private, as renders the
-alternative both cruel and inhuman";[62] and it would seem that the
-State ought to protect its members against such a compulsion. It is
-said that the duel "grasps the sword of justice, which the laws have
-dropped, punishing what no code can chastise--contempt and
-insult."[63] But we find that in countries where it no longer
-prevails, laws against insults, courts of honour, and especially more
-refined ideas as regards honorary satisfaction, have made it as
-useless as it is absurd, a matter of the past which nobody desires to
-revive.
-
-[Footnote 59: _Cf._ Bentham, _Theory of Legislation_, p. 299 _sqq._]
-
-[Footnote 60: That the modern duel is a special development of
-Chivalry has been pointed out by Buckle (_History of Civilization in
-England_, ii. 136 _sq._).]
-
-[Footnote 61: Kames, _Sketches of the History of Man_, i. 415 n.]
-
-[Footnote 62: Moore, _Full Inquiry into the Subject of Suicide_,
-ii. 276.]
-
-[Footnote 63: Quoted by Millingen, _History of Duelling_, i. 300.]
-
-
-
-
-CHAPTER XXII
-
-BODILY INJURIES
-
-CLOSELY related to the right to life is the right to bodily integrity.
-Indeed, homicide is, generally speaking, the highest form of bodily
-injury which can, in the nature of things, be inflicted, although
-there are some forms of ill-treatment which are more terrible than
-death itself.[1]
-
-[Footnote 1: _Cf._ Stephen, _History of the Criminal Law of England_,
-iii. 11.]
-
-In the case of bodily injuries the magnitude of the offence is, other
-things being equal, proportionate to the harm inflicted. At the lower
-stages of civilisation we meet with the principle of an eye for an eye
-and a tooth for a tooth, or the offender has to pay an adequate
-compensation for the injury.[2] It is said in the Laws of Manu that,
-if a blow is struck against men in order to give them pain, the judge
-shall inflict a fine in proportion to the amount of pain caused.[3]
-According to Muhammedan law, retaliation for intentional wounds and
-mutilations is allowed, but a fine may be accepted instead. The fine
-for depriving a man of any of his five senses, or dangerously wounding
-him, or grievously disfiguring him for life, or cutting off a member
-that is single, as the {512} nose, is the whole price of blood; the
-fine for a member of which there are two and not more, as a hand or a
-foot, is half the price of blood; the fine for a member of which there
-are ten, as a finger or a toe, is a tenth of the price of blood.[4]
-The scale of fines for bodily injuries contained in many of the early
-Teutonic law-books is minute to a degree.[5] According to various
-texts of the Salic law, 100 solidi--that is, a moiety of the
-_wergeld_--must be paid for depriving a man of a hand, foot, eye, or
-the nose; the thumb and great toe were valued at 50 solidi; the second
-finger with which the bow was drawn, at 35.[6] With respect to other
-acts of violence, the fine varied according to several circumstances,
-as, whether the blow was given with a stick or with closed fist,
-whether the brain was laid bare, whether certain bones were obtruded
-and how much, whether blood flowed from the wound on the ground, and
-so forth.[7] In the Anglo-Saxon codes almost every part and particle
-of the body, every tooth, toe, and nail, had its price. According to
-the Laws of Aethelbirht, for instance, twenty shillings were paid for
-striking off a thumb, three for a thumb nail, eight for the
-forefinger, eleven for the little finger.[8] In early Celtic law
-different amounts of injury were taxed with a similar affected
-precision.[9] Nothing can better give us an idea of the business-like
-manner in which the whole subject was treated than the Irish law
-against castration. If the injured persons be people to whom the
-organs extirpated are of no use, "such as a decrepit old man or a man
-in orders, there is nothing due to them for the loss of them, but
-body-fine according to the severity of the wound."[10] {513} After
-this one is almost surprised to read in the ancient laws of Ireland
-that, when a person had once been maimed, and received part or all of
-his body-fine, no subsequent wrong-doer could insist that the injured
-person should be rated as a damaged article.[11]
-
-[Footnote 2: Post, _Afrikanische Jurisprudenz_, ii. 61 _sqq._
-Munzinger, _Ostafrikanische Studien_, pp. 208 (Takue), 502 (Barea and
-Kunáma). Burton, _Two Trips to Gorilla Land_, i. 105 (Mpongwe).
-Maclean, _Compendium of Kafir Laws and Customs_, p. 61 _sq._
-Macpherson, _Memorials of Service in India_, p. 82 (Kandhs). Earl,
-_Papuans_, p. 83 (Papuans of Dory). Kubary, _Die socialen
-Einrichtungen der Pelauer_, p. 74 (Pelew Islanders). Petroff, 'Report
-on Alaska,' in _Tenth Census of the United States_, p. 105 (Thlinkets).]
-
-[Footnote 3: _Laws of Manu_, viii. 286.]
-
-[Footnote 4: Lane, _Manners and Customs of the Modern Egyptians_, p.
-120. Sachau, _Muhammedanisches Recht_, p. 764.]
-
-[Footnote 5: Wilda, _Strafrecht der Germanen_, p. 729. Stemann, _Den
-danske Retshistorie indtil Christian V.'s Lov_, p. 658. Stephen,
-_History of the Criminal Law of England_, i. 56. Lappenberg, _History
-of England under the Anglo-Saxon Kings_, ii. 422.]
-
-[Footnote 6: _Lex Salica_, edited by Hessels, coll. 163-167, 170,
-172-177, 179.]
-
-[Footnote 7: _Ibid._ col. 100 _sqq._]
-
-[Footnote 8: _Laws of Æthelbirht_, 54.]
-
-[Footnote 9: _Ancient Laws of Ireland_, iii. pp. cix., 349.
-_Venedotian Code_, iii. 23 (_Ancient Laws and Institutes of Wales_,
-p. 151 _sqq._). _Dimetian Code_, ii. 17 (_ibid._ p. 246 _sqq._).
-_Gwentian Code_, ii. 6 _sq._ (_ibid._ p. 340 _sq._).]
-
-[Footnote 10: _Ancient Laws of Ireland_, iii. 355.]
-
-[Footnote 11: _Ibid._ iii. pp. cix., cxi., 349, 351.]
-
-However, the degree of the offence depends not only on the suffering
-inflicted, but on the station of the parties concerned; and in some
-cases the infliction of pain is held allowable or even a duty.
-
-By using violence against their parents, children grossly offend
-against the duty of filial regard and submissiveness. It is said in
-the Laws of [Hv]ammurabi, that a man who has struck his father shall
-lose his hands.[12] According to Exodus, "he that smiteth his father,
-or his mother, shall be surely put to death."[13] In Corea the man who
-strikes his father is beheaded.[14] On the other hand, parents are
-allowed to inflict corporal punishment on their children; but this is
-not the case everywhere--indeed, among many of the lower races
-children are never, or hardly ever, subject to such punishment.[15]
-Among the Australian Dieyerie the children are never beaten, and
-should any woman violate this law, she is in turn beaten by her
-husband.[16] The Efatese, says Mr. Macdonald, "are shocked to see
-Europeans correcting their children; I never saw an Efatese beating a
-child."[17] The Eskimo {514} visited by Mr. Hall never inflict
-physical chastisement upon the children; "if a child does wrong--for
-instance, if it becomes enraged, the mother says nothing to it till it
-becomes calm. Then she talks to it, and with good effect."[18] Among
-the Tehuelches of Patagonia "the children are indulged in every way,
-ride the best horses, and are not corrected for any misbehaviour."[19]
-Among the Gaika tribe of the Kafirs, again, parents may inflict
-corporal punishment on their children, but are fined for causing
-permanent injuries to their persons, such as the loss of an eye or a
-tooth.[20]
-
-[Footnote 12: _Laws of [Hv]ammurabi_, 195.]
-
-[Footnote 13: _Exodus_, xxi. 15.]
-
-[Footnote 14: Griffis, _Corea_, p. 236.]
-
-[Footnote 15: Curr, _Recollections of Squatting in Victoria_, p. 252
-(Bangerang tribe). Angas, _Savage Life and Scenes in Australia_, i. 94
-(tribes of the Lower Murray). Calvert, _Aborigines of Western
-Australia_, p. 30 _sq._ Lumholtz, _Among Cannibals_, p. 192 _sq._
-(Northern Queensland aborigines). Kubary, 'Die Palau-Inseln in der
-Südsee,' in _Journal des Museum Godeffroy_, iv. 56 (Pelew Islanders).
-Man, _Sonthalia and the Sonthals_, p. 78. von Siebold, _Die Aino auf
-der Insel Yesso_, p. 11. Murdoch, 'Ethnological Results of the Point
-Barrow Expedition,' in _Ann. Rep. Bur. Ethn._ ix. 417 (Point Barrow
-Eskimo). Boas, 'Central Eskimo,' _ibid._ vi. 566. Richardson, in
-Franklin, _Journey to the Shores of the Polar Sea_, p. 68 (Crees).
-Lumholtz, _Unknown Mexico_, p. 274 (Tarahumares). Rautanen, in
-Steinmetz, _Rechtsverhältnisse_, p. 329 (Ondonga). See also Steinmetz,
-_Ethnologische Studien zur ersten Entwicklung der Strafe_, ii. ch. vi.
-§ 2, especially p. 203; _Idem_, 'Das Verhältnis zwischen Eltern und
-Kindern bei den Naturvölkern,' in _Zeitschrift für Socialwissenschaft_,
-i. 610 _sqq._]
-
-[Footnote 16: Gason, 'Manners and Customs of the Dieyerie Tribe,' in
-Woods, _Native Tribes of South Australia_, p. 258.]
-
-[Footnote 17: Macdonald, _Oceania_, p. 195.]
-
-[Footnote 18: Hall, _Arctic Researches_, p. 568.]
-
-[Footnote 19: Musters, _At Home with the Patagonians_, p. 197.]
-
-[Footnote 20: Brownlee, in Maclean, _Compendium of Kafir Laws and
-Customs_, p. 118.]
-
-The power which the husband possesses over his wife much more commonly
-implies the right of inflicting pain on her than of punishing her
-capitally; but even among savages and barbarians the former right is
-not universally granted to him. The Pelew Islanders do not allow a
-husband to beat his wife.[21] Among various Eskimo tribes the women
-are rarely, if ever, beaten.[22] Among the Central Eskimo the husband
-"is not allowed to maltreat or punish his wife; if he does, she may
-leave him at any time, and the wife's mother can always command a
-divorce."[23] Many, or most, of the North American Indians consider it
-disgraceful for a husband to beat his wife.[24] Among the Kalmucks a
-man has no right to raise his hand against a woman.[25] Among the
-Madis women are never beaten.[26] Among the Ondonga a man is not
-allowed to chastise his wife.[27] Among the Gaika tribe of the Kafirs
-"a husband may beat his wife for misconduct; but if he should strike
-out her eye or a tooth, or otherwise maim her, he is fined at the
-discretion of the Chief."[28] {515} According to the native code of
-Malacca, "a man may beat his wife, but not as he would chastise a
-slave, and not till blood flows"; if he should do so, he is fined.[29]
-According to Muhammedan law, a husband may chastise an obstinate wife,
-but he must not cause her great suffering, nor inflict on her a
-wound.[30] We read in the Laws of Manu:--"A wife, a son, a slave, a
-pupil, and a younger brother of the full blood, who have committed
-faults, may be beaten with a rope or a split bamboo, but on the back
-part of the body only, never on a noble part; he who strikes them
-otherwise will incur the same guilt as a thief."[31] In Europe the
-idea expressed by the ancient Roman that "he who beats his wife or
-children lays hands on that which is most sacred and holy,"[32] was
-shared neither by the ancient Teutons[33] nor by mediæval legislators.
-According to the Jydske Lov, a husband was allowed to chastise his
-wife with a stick or rod, though not with a weapon; but he had to take
-care not to break any limb of her body.[34] In the Coutumes du
-Beauvoisis it is said that a man may beat his wife if she belies or
-curses him, or disobeys his "reasonable" commands, or for some other
-similar reason, though he must not kill or maim her.[35] Among Russian
-and South Slavonian[36] peasants public opinion still permits the
-husband to inflict corporal punishment on his wife. In Russia "the
-bridegroom, while he is leading his bride to her future home, gives
-her from time to time light blows from a whip, saying at each stroke:
-'Forget the manners of thine own {516} family, and learn those of
-mine.' As soon as they have entered their bedroom, the husband says to
-his wife, 'Take off my boots.' The wife immediately obeys her
-husband's orders, and, taking them off, finds in one of them a whip,
-symbol of his authority over her person. This authority implies the
-right of the husband to control the behaviour of his wife, and to
-correct her every time he thinks fit, not only by words, but also by
-blows. The opinion which a Russian writer of the sixteenth century . . .
-expresses as to the propriety of personal chastisement, and even as
-to its beneficial effects on the health, is still shared by the
-country people. . . . The customary Court seems to admit the use of
-such disciplinary proceedings by not interfering in the personal
-relations of husband and wife. 'Never judge the quarrel of husband and
-wife,' is a common saying, scrupulously observed by the village
-tribunals, which refuse to hear any complaint on the part of the
-aggrieved woman, at least so long as the punishment has not been of
-such a nature as to endanger life or limb."[37]
-
-[Footnote 21: Kubary, 'Die Palau-Inseln,' in _Jour. des Museum
-Godeffroy_, iv. 43.]
-
-[Footnote 22: King, in _Jour. Ethn. Soc._ i. 147. _Cf._ Murdoch, _loc.
-cit._ p. 414.]
-
-[Footnote 23: Boas, in _Ann. Rep. Bur. Ethn._ vi. 579.]
-
-[Footnote 24: Waitz, _Anthropologie der Naturvölker_, iii. 101. _Cf._
-Powers, _Tribes of California_, p. 178 (Gallinomero).]
-
-[Footnote 25: Liadov, in _Jour. Anthr. Inst._ i. 405.]
-
-[Footnote 26: Ratzel, _History of Mankind_, iii. 40.]
-
-[Footnote 27: Rautanen, in Steinmetz, _Rechtsverhältnisse_, p. 329.]
-
-[Footnote 28: Brownlee, in Maclean, _op. cit._ p. 117.]
-
-[Footnote 29: Newbold, _British Settlements in the Straits of
-Malacca_, ii. 311 _sq._]
-
-[Footnote 30: Sachau, _Muhammedanisches Recht_, pp. 10, 44, 849.]
-
-[Footnote 31: _Laws of Manu_, viii. 299 _sq._]
-
-[Footnote 32: Plutarch, _Cato Major_, xx. 3.]
-
-[Footnote 33: Nordström, _Bidrag till den svenska samhällsförfattningens
-historia_, ii. 61 _sq._ Stemann, _op. cit._ p. 323 _sq._]
-
-[Footnote 34: _Jydske Lov_, ii. 82.]
-
-[Footnote 35: Beaumanoir, _Coutumes du Beauvoisis_, lvii. 6, vol. ii.
-p. 333: "Il loist bien à l'homme batre se feme, sans mort et sans
-mehaing, quant ele le meffet; si comme quant ele est en voie de fere
-folie de son cors, ou quant ele dement son baron ou maudist, ou quant
-ele ne veut obeir à ses resnables commandemens que prode feme doit
-fere: en tel cas et en sanllables est il bien mestiers que li maris
-soit castierres de se feme resnablement. . . . Li maris le doit
-castier et repenre selonc toutes les manieres qu'il verra que bon sera
-por li oster de tel visse, exepté mort ou mehaing."]
-
-[Footnote 36: Krauss, _Sitte und Branch der Südslaven_, p. 526.]
-
-[Footnote 37: Kovalewsky, _Modern Customs and Ancient Laws of Russia_,
-p. 44 _sq._ _Cf._ Meiners, _Vergleichung des ältern und neuern
-Russlandes_, ii. 167 _sq._; _Idem_, _History of the Female Sex_, i. 160.]
-
-It seems that, wherever slavery exists, the master has a right to
-inflict corporal punishment on his slave, even though he be forbidden
-to deprive him of any of his limbs. According to the Chinese Penal
-Code, the master, or relations of the master of a guilty slave, may
-chastise such slave in any degree short of occasioning his death,
-without being liable to any punishment;[38] whereas "all slaves who
-are guilty of designedly striking their masters, shall, without making
-any distinction between principals and accessories, be beheaded."[39]
-Among the Hebrews, if a man by blows destroyed an eye or a tooth, or
-any other member belonging to his man-servant or maid-servant, he was
-bound to let the injured person go free, though full retribution was
-legally ordained for bodily injuries done to free Israelites.[40] In
-the North American Slave States and {517} in the colonies of all
-European Powers the master could inflict any number of blows upon his
-slave, but if he mutilated him he was fined or subjected to a very
-moderate term of imprisonment.[41]
-
-[Footnote 38: _Ta Tsing Leu Lee_, sec. cccxiv. p. 340.]
-
-[Footnote 39: _Ibid._ sec. cccxiv. p. 338.]
-
-[Footnote 40: _Exodus_, xxi. _sqq._]
-
-[Footnote 41: 'Negro Act' of 1740, § 37, in Brevard, _Digest of the
-Public Statute Law of South Carolina_, ii. 241. Stephen, _Slavery of
-the British West India Colonies_, i. 36 _sq._ Edwards, _History of the
-British West Indies_, ii. 192.]
-
-The maltreatment of another person's slave has, even by civilised
-legislators, been regarded as an injury done to the master rather than
-to the slave. According to Muhammedan law, the fine imposed on a free
-person for injuring a slave varies according to the value of the
-slave.[42] In the Institutes of Justinian it is said that, "if a man
-were to flog another man's slave in a cruel manner, an action would,
-in this case, lie against him," but that the master has no right of
-action against a person who has struck the slave with his fist.[43] In
-the Negro Act of 1740 it was prescribed that, if a slave was beaten by
-any person who had not sufficient cause or lawful authority for so
-doing, and if he or she was maimed or disabled by such beating from
-performing his or her work, the offender should pay to the owner of
-the slave "the sum of 15 shillings current money per diem, for every
-day of his lost time, and also the charge of the cure of such
-slave."[44] But if the beating of the slave caused no loss of service
-to his master, the offender was not, as a rule, punished by law. A
-decision of the Supreme Court of Maryland established expressly the
-law to be, in that State, that trespass would not lie by a master for
-an assault and battery on his slave, unless it were attended with a
-loss of service.[45] If, on the other {518} hand, the offender was a
-slave and his victim a white man, the injury was regarded in a very
-different light. We read in an act of Georgia passed in 1770:--"If any
-slave shall presume to strike any white person, such slave . . . shall
-. . . for the second offence suffer death: But in case any such slave
-shall grievously wound, maim, or bruise any white person, though it
-shall be only the first offence, such slave shall suffer death."[46]
-And to offer violence, to strike, attempt to strike, struggle with, or
-resist any white person, was, even by the latest meliorating laws
-issued in the British Colonies, declared to be a crime in a slave
-which, if the white person had been wounded or hurt, and in some
-islands even without that condition, should subject the offender to
-death, dismemberment, or other severe penalties.[47] We read in one of
-the codes of ancient Wales:--"If a freeman strike a bondman, let him
-pay him twelve pence. . . . If a bondman strike any freeman, it is
-just to cut off his right hand, or his right foot."[48] According to
-Chinese law, a freeman striking a slave shall "be punished less
-severely by one degree than in the ordinary cases of the same
-offence"; whereas "a slave striking a freeman shall, in proportion to
-the consequences, be punished one degree more severely than is by law
-provided in similar cases between equals."[49]
-
-[Footnote 42: Lane, _Manners and Customs of the Modern Egyptians_,
-p. 120.]
-
-[Footnote 43: _Institutiones_, iv. 4. 3.]
-
-[Footnote 44: Brevard, _op. cit._ ii. 231 _sq._]
-
-[Footnote 45: Harris and Johnson, _Reports of Cases argued and
-determined in the General Court and Court of Appeals of the State of
-Maryland_, i. 4. Of all the Slave States, so far as I know, Kentucky
-was the only one where the owner of a slave might bring an action of
-trespass against anyone who whipped, stroke, or otherwise **abused the
-slave without the owner's consent, notwithstanding the slave was not
-so injured that the master lost his services thereby (Morehead and
-Brown, _Digest of the Statute Laws of Kentucky_, ii. 1481). In
-Tennessee, according to an act of 1813, a person was punished if he
-"wantonly and without sufficient cause" beat or abused the slave of
-another (Caruthers and Nicholson, _Compilation of the Statutes of
-Tennessee_, p. 678).]
-
-[Footnote 46: Prince, _Digest of the Laws of the State of Georgia_,
-p. 781.]
-
-[Footnote 47: Stephen, _Slavery of the British West India Colonies_,
-i. 188. Edwards, _History of the British West Indies_, ii. 202 _sq._]
-
-[Footnote 48: _Gwentian Code_, ii. 5. 31 _sq._ (_Ancient Laws and
-Institutes of Wales_, p. 339). For ancient Swedish law on this
-subject, see _Gotlands-Lagen_, i. 19. 37.]
-
-[Footnote 49: _Ta Tsing Leu Lee_, sec. cccxiii. p. 336.]
-
-Very frequently the penalties or fines for bodily injuries are
-influenced by the class or rank of the parties even when both of them
-are freemen. Among the Marea, whilst a commoner who wounds another
-commoner simply pays him compensation for the hurt, a commoner who
-wounds a nobleman must abandon to him all his property and become his
-slave.[50] At Zimmé the fines for assaults "vary greatly, according to
-the rank of the party complaining."[51] {519} Among the Ossetes the
-limbs of a noble are rated at twice as much as the limbs of an
-ordinary freeman.[52] The Laws of [Hv]ammurabi contain the following
-provisions:--"If a man has caused the loss of a gentleman's eye, his
-eye one shall cause to be lost. If he has shattered a gentleman's
-limb, one shall shatter his limb. If he has caused a poor man to lose
-his eye or shattered a poor man's limb, he shall pay one mina of
-silver. If a man has made the tooth of a man that is his equal to fall
-out, one shall make his tooth fall out. If he has made the tooth of a
-poor man to fall out, he shall pay one-third of a mina of silver,"[53]
-According to the Laws of Manu, if a man of a low caste does hurt to a
-man of any of the three highest castes, the offending member shall be
-cut off;[54] and he who intentionally strikes a Brâhmana in anger,
-even if it were only with a blade of grass, "will be born during
-twenty-one existences in the wombs of such beings where men are born
-in punishment of their sins."[55] In early Teutonic and Celtic codes
-we meet with the principle that the compensation by which a bodily
-injury is to be atoned for varies according to the rank of the parties
-concerned.[56]
-
-[Footnote 50: Munzinger, _Ostafrikanische Studien_, p. 244.]
-
-[Footnote 51: Colquhoun, _Amongst the Shans_, p. 132.]
-
-[Footnote 52: von Haxthausen, _Transcaucasia_, p. 409.]
-
-[Footnote 53: _Laws of [Hv]ammurabi_, 196-198, 200 _sq._ _Cf._ _ibid._
-202 _sq._]
-
-[Footnote 54: _Laws of Manu_, viii. 279.]
-
-[Footnote 55: _Ibid._ iv. 166. _Cf._ _ibid._ iv. 167.]
-
-[Footnote 56: Kemble, _Saxons in England_, i. 134. _Ancient Laws of
-Ireland_, iii. p. cxi. _Dimetian Code_, ii. 17. 17 (_Ancient Laws and
-Institutes of Wales_, p. 248). _Gwentian Code_, ii. 7. 13 (_ibid._
-342). de Valroger, _Les Celtes_, p. 470. Innes, _Scotland in the
-Middle Ages_, p. 180.]
-
-We have noticed that men in their estimation of human life,
-particularly at the earlier stages of culture, discriminate between
-fellow-tribesmen or compatriots and aliens. A similar distinction is
-made with reference to other bodily injuries. It reaches its pitch in
-the sufferings inflicted on vanquished enemies. The treatment to which
-the Kamchadales subjected their male prisoners of war included
-"burning, hewing them to pieces, tearing their entrails out when
-alive, and hanging them by the feet."[57] Some of the Dacotahs, when
-they had taken a captive, "secured him {520} to a stake and allowed
-their women to torture him by mutilating him previous to killing
-him";[58] and of many other North American Indians it is said that
-they "devote their captives to death, with the most agonising
-tortures."[59] The wars of the Society Islanders, Ellis observes, were
-most merciless and destructive; "invention itself was tortured to find
-out new modes of inflicting suffering."[60] On the other hand, there
-are not wanting instances of savage warfare being conducted on more
-humane principles. Dobrizhoffer tells us that "cruelty towards
-captives and enemies is abhorred by the Abipones, who never torture
-the dying";[61] and among the Somals no injury is done to enemies who
-have been severely wounded in the battle.[62] Civilised nations
-maintain that, in time of war, no greater injuries should be inflicted
-upon the enemy than are necessary to obtain the end of the war.
-
-[Footnote 57: Krasheninnikoff, _History of Kamschatka_, p. 200.]
-
-[Footnote 58: Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur. Ethn._
-iii. 313.]
-
-[Footnote 59: Adair, _History of the American Indians_, p. 388.]
-
-[Footnote 60: Ellis, _Polynesian Researches_, i. 293. _Cf._ Williams,
-_Narrative of Missionary Enterprises_, p. 533 (Samoans); Foreman,
-_Philippine Islands_, p. 185; Ellis, _Tshi-speaking Peoples of the
-Gold Coast_, p. 172 _sq._]
-
-[Footnote 61: Dobrizhoffer, _Account of the Abipones_, ii. 411.]
-
-[Footnote 62: Paulitschke, _Ethnographie Nordost-Afrikas_, p. 255.]
-
-The right to bodily integrity is influenced by religious differences
-as well as national. According to Muhammedan law, the compensation for
-injuries inflicted on a Jew or a Christian is a third, for those
-inflicted on a Parsee only a fifteenth, of the sum to be paid for
-similar injuries done to a Moslem.[63] A mediæval Spanish law
-prescribes that a Christian who beats a Jew shall pay four maravedis,
-but that a Jew who beats a Christian shall pay ten.[64]
-
-[Footnote 63: Sachau, _op. cit._ p. 764.]
-
-[Footnote 64: 'Fuero de Sepulveda,' art. 37 _sq._, quoted by Du Boys,
-_Histoire du droit criminel de l'Espagne_, p. 74.]
-
-The right to bodily integrity may be forfeited by the commission of a
-crime. As has been already noticed, physical injuries are frequently
-resented according to the law of like for like;[65] and in other
-cases, also, the infliction {521} of corporal suffering--by
-mutilation, scourging, and so forth--is a common penalty. Amputation
-or mutilation of the offending member has particularly been in vogue
-among so-called peoples of culture.[66] It is often **mentioned
-in the Code of [Hv]ammurabi[67] and in the Laws of Manu.[68] It
-occurred among the Greeks,[69] Romans,[70] and Teutons.[71] Mediæval
-codes contain numerous instances of it.[72] The Laws of Alfred
-prescribe that a male _theow_ who commits a rape upon a female _theow_
-shall be emasculated;[73] and in a later age Bracton reserves the same
-punishment for the deflowerer of a virgin, with the addition that the
-offender shall also lose his eyes, "on account of his looking at the
-beauty, for which he coveted possession of the virgin."[74] According
-to a law of Cnut, an adulteress shall have her nose and ears cut
-off.[75] Aethelstan enjoined that an illicit coiner should lose his
-right hand;[76] whereas in later times this punishment was restricted
-to those who struck anybody in the king's presence or in his
-court.[77] By the statute law of Scotland the punishment of forgery,
-or falsifying of writings, was at first the amputation of the hand,
-afterwards dismembering of it, joined with other pains.[78] In some
-countries a perjurer lost the offending fingers or his right hand,[79]
-in others he had his tongue cut {522} off or pierced with a hot
-iron;[80] and in England, before the Conquest, a man might lose his
-tongue by bringing a false and scandalous accusation.[81] In the
-seventeenth century a person in Scotland was sentenced to have his
-tongue bored because he had libelled the Lord Justice General.[82] In
-German and Austrian codes we find, even in the eighteenth century,
-traces of the principle of punishing the offending member;[83] and in
-France the last survival of it--the amputation of the right hand of a
-parricide before his execution--disappeared only in 1832.[84] Growing
-refinement of feeling has made people averse from the use of surgery
-in the administration of justice; and in most European countries
-grown-up offenders are no longer liable to corporal punishment of any
-kind.[85]
-
-[Footnote 65: _Supra_, p. 178. See also _Laws of [Hv]ammurabi_, 196,
-197, 200; _Exodus_, xxi. 24 _sq._; _Leviticus_, xxiv. 19 _sq._;
-_Deuteronomy_, xix. 21; _Koran_, v. 49; Sachau, _op. cit._ p. 762
-_sq._ (Muhammedan law); Leist, _Alt-arisches Jus Gentium_, p. 426
-_sq._ (Greeks); _Lex Duodecim Tabularum_, viii. 2; Günther, _Idee der
-Wiedervergeltung_, p. 186 _sqq._ (Teutons).]
-
-[Footnote 66: For its occurrence in modern Persia, see Polak,
-_Persien_, i. 256, 329 _sq._; in Fez, see Leo Africanus, _History and
-Description of Africa_, ii. 470. The Koran (v. 42) orders theft to be
-punished by cutting off the hands of the thief, but this punishment is
-now seldom practised in Muhammedan countries. Among the lower races I
-have met only with a few instances of punishing the offending member.
-In Ashanti intrigue with the female slaves of the royal household is
-punished by emasculation (Ellis, _Tshi-speaking Peoples of the Gold
-Coast_, p. 287); and the Kamchadales burn the hands of people who have
-been frequently caught in theft (Krasheninnikoff, _op. cit._ p. 179).]
-
-[Footnote 67: _Laws of [Hv]ammurabi_, 192, 194, 195, 218, 226, 253.]
-
-[Footnote 68: _Laws of Manu_, viii. 270-272, 279-283, 322, 334, 374;
-xi. 105.]
-
-[Footnote 69: Günther, _op. cit._ i. 94 _sqq._]
-
-[Footnote 70: _Ibid._ i. 155 _sqq._]
-
-[Footnote 71: _Ibid._ i. 195 _sqq._ Wilda, _op. cit._ p. 510. Grimm,
-_Deutsche Rechtsalterthümer_, p. 740.]
-
-[Footnote 72: Du Boys, _Histoire du droit criminel des peuples
-modernes_, ii. 699. _Idem_, _Histoire du droit criminel de l'Espagne_,
-p. 94. Cibrario, _Economia politica del medio eve_, i. 346 _sq._]
-
-[Footnote 73: _Laws of Alfred_, ii. 25.]
-
-[Footnote 74: Bracton, _De Legibus et Consuetudinibus Angliæ_, fol.
-147, vol. ii. 480 _sq._]
-
-[Footnote 75: _Laws of Cnut_, ii. 54.]
-
-[Footnote 76: _Laws of Æthelstan_, 14.]
-
-[Footnote 77: Strutt, _View of the Manners, Customs, &c., of the
-Inhabitants of England_, iii. 43.]
-
-[Footnote 78: Erskine, _Principles of the Law of Scotland_, p. 571.]
-
-[Footnote 79: Stemann, _op. cit._ p. 645. Charles V.'s _Peinliche
-Gerichts Ordnung_, art. 107, p. 235. Pollock and Maitland, _History of
-English Law before the Time of Edward I._ ii. 453. Günther, _op. cit._
-ii. 57.]
-
-[Footnote 80: Du Boys, _Histoire du droit criminel des peuples
-modernes_, ii. 699. _Idem_, _Histoire du droit criminel de l'Espagne_,
-p. 599 _sq._ Pitcairn, _Criminal Trials in Scotland_, iii. 539.]
-
-[Footnote 81: Pollock and Maitland, _op. cit._ ii. 539.]
-
-[Footnote 82: Rogers, _Social Life in Scotland_, ii. 35.]
-
-[Footnote 83: Günther, _op. cit._ ii. 55-57, 65; iii. 79.]
-
-[Footnote 84: Chauveau and Hélie, _Théorie du Code Pénal_, iii. 394.]
-
-[Footnote 85: See von Liszt, _Le droit criminel des états européens_,
-_passim_; Wrede, _Die Körperstrafen bei allen Völkern_, _passim_.]
-
-Corporal punishment has generally been, by preference, a punishment
-for poor and common people or slaves.[86] Blows and abusive language,
-says Plutarch, seem to be more fitting for slaves than the
-freeborn.[87] According to the religious law of the Hindus, a Brâhmana
-shall not suffer corporal punishment for any offence.[88] Among the
-Hebrews[89] and Muhammedans,[90] among the Romans[91] and in the
-Middle Ages,[92] the punishment of mutilation could generally be
-commuted to a fine. For a long period, in {523} Christian Europe, as
-well as in Pagan Rome during the Empire,[93] the punishment was more
-savage in proportion as the delinquent was more helpless. "En crimes,"
-says Loysel, "les villains sont plus griévement punis en leurs corps
-que les nobles. . . . Et où le vilain perdroit la vie, ou un membre de
-son corps, le noble perdra l'honneur, et réponse en cour."[94] Indeed,
-whilst the slave incurred the penalty of mutilation for the most
-trifling offence, the noble might be exempted from corporal punishment
-of any kind.[95] In a similar manner the social _status_ of a person
-has influenced his right to bodily integrity with reference to
-judicial torture. According to the Chinese Penal Code, "it shall not,
-in any tribunal of government, be permitted to put the question by
-torture to those who belong to any of the eight privileged classes, in
-consideration of the respect due to their character."[96] In Rome,
-under the Republic, torture was exclusively confined to the
-slaves.[97] In mediæval Christendom it was made use of to an extent
-and with a cold-blooded ferocity unknown to any heathen nation, and in
-cases of heresy and treason it was applied to every class of the
-community.[98] But the tortures inflicted on the nobles and the clergy
-were lighter than in the case of ordinary laymen, and proof of a more
-decided character was required to justify their being exposed to
-torment.[99] "Noble persons and persons of quality," says Dumoulin,
-"cannot so easily be subjected to torture as persons who are of mean
-and plebeian rank."[100] Guazzini, an eminent Italian jurisconsult and
-a recognised expositor of the law of torture in the days of its
-highest ascendency and ripest maturity, observes that the torment
-inflicted {524} on a person shall be proportionate to his age, his
-physical constitution, his mental habits, and his social
-_status_;[101] and he adds that bishops and others in high civil
-dignity are exempt from torture even under strong presumptions of
-guilt.[102]
-
-[Footnote 86: See, for instance, the _Laws of Manu_, viii. 267, 279.]
-
-[Footnote 87: Plutarch, _De educatione puerorum_, 12.]
-
-[Footnote 88: _Baudhâyana_, i. 10. 18. 17. _Institutes of Vishnu_, v. 2.]
-
-[Footnote 89: Günther, _op. cit._ i. 55.]
-
-[Footnote 90: _Ibid._ i. 74 _sq._ Lane, _Manners and Customs of the
-Modern Egyptians_, p. 120. Sachau, _op. cit._ p. 764. According to
-Muhammedan law, it is not obligatory for the injured party to accept
-compensation in lieu of mutilation.]
-
-[Footnote 91: Günther, _op. cit._ i. 124 _sqq._ Mommsen, _Römisches
-Strafrecht_, p. 981.]
-
-[Footnote 92: Du Boys, _Histoire du droit criminel des peuples
-modernes_, ii. 557 _sq._ Strutt, _op. cit._ ii. 8.]
-
-[Footnote 93: _Cf._ Mackenzie, _Studies in Roman Law_, p. 414 _sq._]
-
-[Footnote 94: Loysel, _Institutes coutumières_, vi. 2. 31 _sq._, vol.
-ii. 219 _sq._]
-
-[Footnote 95: Du Boys, _Histoire du droit criminel de l'Espagne_,
-p. 469.]
-
-[Footnote 96: _Ta Tsing Leu Lee_, sec. cccciv. p. 441.]
-
-[Footnote 97: Mommsen, _Römisches Strafrecht_, p. 405.]
-
-[Footnote 98: Suarez de Paz, _Praxis ecclesiastica et secularis_, v.
-1. 3. 12, fol. 154 b. _Cf._ Lecky, _Rise and Influence of the Spirit
-of Rationalism in Europe_, i. 328.]
-
-[Footnote 99: Lea, _Superstition and Force_, p. 526 _sq._]
-
-[Footnote 100: Dumoulin, quoted by Welling, 'Law of Torture,' in _The
-American Anthropologist_, v. 210 _sq._]
-
-[Footnote 101: Guazzini, _Tractatus ad defensam inquisitorum_, xxx. 4.
-24, vol. ii. 86.]
-
-[Footnote 102: _Ibid._ xxx. 17, vol. ii. 102 _sq._]
-
-The moral notions regarding the infliction of bodily injuries require
-little comment. They are based on the principle of sympathetic
-resentment, modified by the ascription of particular rights to some
-and particular duties to others, on account of the relation in which
-the parties stand to each other; and they follow the same rules as the
-ideas concerning homicide, to the exclusion, of course, of all such
-considerations as result from fear of the slain man's ghost or from
-the religious horror of taking life. One point, however, calls for
-special attention. The forcible interference with another person's
-body not only causes physical pain but commonly entails disgrace upon
-the sufferer. This largely accounts for the fact that a person's right
-to bodily integrity varies so much according to his social
-standing.[103] Even among the lower races we meet with the notions
-that an act of bodily violence involves a gross insult, and that
-corporal punishment disgraces the criminal more than any other form of
-penalty. According to the Malay Code, "the persons who may be put to
-death without the previous knowledge of the king or nobles, are an
-adulterer, a person guilty of treason, a thief who cannot otherwise be
-apprehended, and a person who offers another a grievous affront, such
-as a blow over the face."[104] Among the Maoris a blow with the fist
-would lead to a combat with arms.[105] The Thlinkets consider corporal
-punishment to {525} be the greatest indignity to which a freeman can
-be subjected, hence they never inflict it.[106] And civilised nations
-who are ready to punish certain criminals with death, hold whipping to
-be a punishment too infamous to be employed.
-
-[Footnote 103: _Cf._ _Dimetian Code_, ii. 17. 17 (_Ancient Laws and
-Institutes of Wales_, p. 248): "The Law says that the limbs of all
-persons are of equal worth; if a limb of the king be broken, that it
-is of the same worth as the limb of the villain: yet, nevertheless,
-the worth of saraad [or fine for insult] to the king, or to a breyr,
-is more than the saraad of a villain, if a limb belonging to him be
-cut." See also _Gwentian Code_, ii. 7. 12 _sq._ (_ibid._ p. 342).]
-
-[Footnote 104: Crawfurd, _History of the Indian Archipelago_,
-iii. 105 _sq._]
-
-[Footnote 105: Shortland, _Traditions and Superstitions of the New
-Zealanders_, p. 227.]
-
-[Footnote 106: Holmberg, 'Ethnograph. Skizzen über die Völker des
-russischen Amerika,' in _Acta Societatis Scientiarum Fennicæ_, iv. 321.]
-
-
-
-
-CHAPTER XXIII
-
-CHARITY AND GENEROSITY
-
-IN previous chapters we have examined the regard for the life and
-physical well-being of others as displayed in moral ideas concerning
-homicide and the infliction of bodily harm. We shall now consider the
-same subject from another point of view, namely, the valuation of such
-conduct as positively promotes the existence and material comfort of a
-fellow-creature.
-
-There is one duty so universal and obvious that it is seldom
-mentioned: the mother's duty to rear her children, provided that they
-are suffered to live. Another duty--equally primitive, I believe, in
-the human race--is incumbent on the married man: the protection and
-support of his family. We hear of this duty from all quarters of the
-savage world.
-
-Among the North American Indians it was considered disgraceful for
-a man to have more wives than he was able to maintain.[1] Mr. Powers
-says that among the Patwin, a Californian tribe which he believes to
-rank among the lowest in the world, "the sentiment that the men are
-bound to support the women--that is to furnish the supplies--is
-stronger even than among us."[2] Among the Iroquois it was the office
-of the husband "to make a mat, to repair the cabin of his wife, or to
-construct a new one." The product of his hunting expeditions, {527}
-during the first year of marriage, belonged of right to his wife, and
-afterwards he shared it equally with her, whether she remained in the
-village, or accompanied him to the chase.[3] Among the Botocudos,
-whose girls are married very young, remaining in the house of the
-father till the age of puberty, the husband is even then obliged to
-maintain his wife, though living apart from her.[4] Among the Lengua
-Indians of the Paraguayan Chaco the child of a woman whose husband
-deserts her is generally killed at birth, the mother feeling that it
-is the man's part of married life to provide meat for his
-offspring.[5] Azara states that, among the Charruas, "du moment où un
-homme se marie, il forme une famille à part, et travaille pour la
-nourrir."[6] Of the Fuegians it is said that, "as soon as a youth is
-able to maintain a wife, by his exertions in fishing or bird-catching,
-he obtains the consent of her relations."[7] The wretched Rock Veddahs
-in Ceylon "acknowledge the marital obligation and the duty of
-supporting their own families."[8] Among the Maldivians, "although a
-man is allowed four wives at one time, it is only on condition of his
-being able to support them."[9] The Nairs, we are told, consider it a
-husband's duty to provide his wife with food, clothing, and
-ornaments;[10] and almost the same is said by Dr. Schwaner with
-reference to the tribes of the Barito district, in the south east part
-of Borneo.[11] Among the cannibals of New Britain the chiefs have to
-see that the families of the warriors are properly maintained.[12]
-Concerning the Tonga Islanders Mariner states that "a married woman is
-one who cohabits with a man, and lives under his roof and
-protection."[13] Among the Maoris "the mission of woman was to
-increase and multiply, that of man to defend his home."[14] With
-reference to the Kurnai in South Australia, Mr. Howitt states that
-"the man has to provide for his family with the assistance of his
-wife. His share is to hunt for their support, and to fight for their
-protection."[15] In Lado, in Africa, the bridegroom has to assure his
-father-in-law three times that he will {528} protect his wife, calling
-the people present to witness.[16] Among the Touareg a man who deserts
-his wife is blamed, as he has taken upon himself the obligation of
-maintaining her.[17]
-
-[Footnote 1: Waitz, _Anthropologie der Naturvölker_, iii. 109. Carver,
-_Travels through the Interior Parts of North America_, p. 367.]
-
-[Footnote 2: Powers, _Tribes of California_, p. 222.]
-
-[Footnote 3: Heriot, _Travels through the Canadas_, p. 338.]
-
-[Footnote 4: von Tschudi, _Reisen durch Südamerika_, ii. 283.]
-
-[Footnote 5: Hawtrey, in _Jour. Anthr. Inst._ xxxi. 295.]
-
-[Footnote 6: Azara, _Voyages dans l'Amérique méridionale_, ii. 22.]
-
-[Footnote 7: King and Fitzroy, _Voyages of the "Adventure" and
-"Beagle,"_ ii. 182.]
-
-[Footnote 8: Tennent, _Ceylon_, ii. 441.]
-
-[Footnote 9: Rosset, 'Maldive Islands,' in _Jour. Anthr. Inst._ xvi.
-168 _sq._]
-
-[Footnote 10: Stewart, 'Notes on Northern Cachar,' in _Jour. Asiatic
-Soc. Bengal_, xxiv. 614.]
-
-[Footnote 11: Schwaner, _Borneo_, i. 199.]
-
-[Footnote 12: Angas, _Polynesia_, p. 373.]
-
-[Footnote 13: Mariner, _Natives of the Tonga Islands_, ii. 167.]
-
-[Footnote 14: Johnston, _Maoria_, p. 28 _sq._]
-
-[Footnote 15: Fison and Howitt, _Kamilaroi and Kurnai_, p. 206.]
-
-[Footnote 16: Wilson and Felkin, _Uganda_, ii. 90.]
-
-[Footnote 17: Chavanne, _Die Sahara_, p. 209. _Cf._ Hanoteau and
-Letourneux, _La Kabylie_, ii. 167.]
-
-Among many of the lower races a man is not even permitted to marry
-until he has given some proof of his ability to support and protect
-his family.[18] Indeed, so closely is the idea that a man is bound to
-maintain his family connected with that of marriage and fatherhood,
-that sometimes even repudiated wives with their children are, at least
-to a certain extent, supported by their former husbands.[19] And upon
-the death of a husband, the obligation of maintaining his wife and her
-children devolves on his heirs, the wide-spread custom of a man
-marrying the widow of his deceased brother being not only a privilege,
-but, among several peoples, even a duty.[20]
-
-[Footnote 18: Westermarck, _History of Human Marriage_, p. 18.]
-
-[Footnote 19: _Ibid._ p. 19.]
-
-[Footnote 20: _Ibid._ p. 511 _sq._]
-
-Turning to peoples who have reached a higher stage of culture:--Abû
-Shugâ[(] says that, among Muhammedans, parents are obliged to support
-their families, "if the children are both poor and under age, or both
-poor and lastingly infirm, or both poor and insane."[21] But that this
-duty chiefly devolves on the father is evident from the fact that the
-mother is even entitled to claim wages for nursing them.[22]
-Buddhistic law goes so far as to prescribe that the parents shall
-provide their son with a beautiful wife, and give him a share of the
-wealth belonging to the family.[23] It has been observed that in the
-Confucian books there is no mention of any real duties incumbent upon
-the father towards his children;[24] nor does the Decalogue contain
-anything on the subject; nor any law of ancient Greece or Rome.[25]
-But, as has been justly {529} argued, if legal prescriptions are
-wanting, that is because they are thought to be superfluous, nature
-itself having sufficiently prepared men for the performance of their
-duties towards their offspring.[26] So, also, it is regarded as a
-matter of course that the husband shall support his wife, however
-great power he may possess over her. Among the Romans _manus_ implied
-not only the wife's subordination to the husband, but also the
-husband's obligation to protect the wife.[27]
-
-[Footnote 21: Sachau, _Muhammedanisches Recht_, p. 18.]
-
-[Footnote 22: _Ibid._ p. 99 _sq._]
-
-[Footnote 23: Hardy, _Manual of Budhism_, p. 495.]
-
-[Footnote 24: Faber, _Digest of the Doctrines of Confucius_, p. 82.]
-
-[Footnote 25: Leist, _Græco-italische Rechtsgeschichte_, p. 13.]
-
-[Footnote 26: _Ibid._, p. 13. Schmidt, _Ethik der alten Griechen_, ii.
-141. Adam Smith, _Theory of Moral Sentiments_, p. 199 _sq._]
-
-[Footnote 27: Rossbach, _Untersuchungen über die römische Ehe_, p. 32.
-_Cf._ _Laws of Manu_, ix. 74, 75, 95.]
-
-The parents' duty of taking care of their offspring is, in the first
-place, based on the sentiment of parental affection. That the maternal
-sentiment is universal in mankind is a fact too generally admitted to
-need demonstration; not so the father's love of his children. Savage
-men are commonly supposed to be very indifferent towards their
-offspring; but a detailed study of facts leads us to a different
-conclusion. It appears that, among the lower races, the paternal
-sentiment is hardly less universal than the maternal, although it is
-probably never so strong and in many cases distinctly feeble. But more
-often it displays itself with considerable intensity even among the
-rudest savages. In the often-quoted case of the Patagonian chief who,
-in a moment of passion, dashed his little son with the utmost violence
-against the rocks because he let a basket of eggs which the father
-handed to him fall down, we have only an instance of savage
-impetuosity. The same father "would, at any other time, have been the
-most daring, the most enduring, and the most self-devoted" in the
-support and defence of his child.[28] Similarly the Central Australian
-natives, in fits of sudden passion, when hardly knowing what they do,
-sometimes treat a child with great severity; but as a rule, to which
-there are very few exceptions, they are kind and considerate to their
-children, the men as well as the women carrying them when they get
-tired on the march, {530} and always seeing that they get a good share
-of any food.[29] All authorities agree that the Australian Black is
-affectionate to his children.[30] "From observation of various tribes
-in far distant parts of Australia," says Mr. Howitt, "I can assert
-confidently that love for their children is a marked feature in the
-aboriginal character. I cannot recollect having ever seen a parent
-beat or cruelly use a child; and a short road to the goodwill of the
-parents is, as amongst us, by noticing and admiring their children. No
-greater grief could be exhibited, by the fondest parents in the most
-civilised community at the death of some little child, than that which
-I have seen exhibited in an Australian native camp, not only by the
-immediate parents, but by the whole related group."[31] Other
-representatives of the lowest savagery, as the Veddahs[32] and
-Fuegians,[33] are likewise described as tender parents. Though few
-peoples have acquired a worse reputation for cruelty than the Fijians,
-even the greatest censurer of their character admits that the
-exhibition of parental love among them "is sometimes such as to be
-worthy of admiration";[34] whilst, according to another authority, "it
-is truly touching to see how parents are attached to their
-children."[35] The Bangala of the Upper Congo, "swayed one moment by a
-thirst for blood and indulging in the most horrible orgies, . . . may
-yet the next be found approaching their homes looking forward with
-{531} the liveliest interest to the caresses of their wives and
-children."[36] Carver asserts that he never saw among any other people
-greater proofs of parental or filial tenderness than among the North
-American Naudowessies.[37] Among the Point Barrow Eskimo "the
-affection of parents for their children is extreme";[38] and the same
-seems to be the case among the Eskimo in general.[39] Concerning the
-Aleuts Veniaminof wrote long ago:--"The children are often well fed
-and satisfied, while the parents almost perish with hunger. The
-daintiest morsel, the best dress, is always kept for them."[40] Mr.
-Hooper, again, found parental love nowhere more strongly exemplified
-than among the Chukchi; "the natives absolutely doat upon their
-children."[41] Innumerable facts might indeed be quoted to prove that
-parental affection is not a late product of civilisation, but a normal
-feature of the savage mind as it is known to us.[42]
-
-[Footnote 28: King and Fitzroy, _op. cit._ ii. 155. _Cf._ _ibid._ ii.
-154; Musters, _At Home with the Patagonians_, p. 196 _sq._]
-
-[Footnote 29: Spencer and Gillen, _Native Tribes of Central
-Australia_, p. 50 _sq._]
-
-[Footnote 30: Curr, _The Australian Race_, i. 402; iii. 155. _Idem_,
-_Recollections of Squatting in Victoria_, p. 252. Angas, _Savage Life
-and Scenes in Australia_, i. 94. Brough Smyth, _Aborigines of
-Victoria_, i. 51; ii. 311. Ridley, _Aborigines of Australia_, p. 23.
-Eyre, _Journals of Expeditions of Discovery into Central Australia_,
-ii. 214 _sq._ Sturt, _Expedition into Central Australia_, ii. 137.
-Calvert, _Aborigines of Western Australia_, p. 30 _sq._ Taplin,
-'Narrinyeri,' in Woods, _Native Tribes of South Australia_, p. 15.
-Gason, 'Manners and Customs of the Dieyerie Tribe,' _ibid._ p. 258.
-Hill and Thornton, _Aborigines of New South Wales_, pp. 2, 4. Fraser,
-_Aborigines of New South Wales_, pp. 2, 44. Lumholtz, _Among
-Cannibals_, p. 193.]
-
-[Footnote 31: Fison and Howitt, _op. cit._ p. 189. _Cf._ _ibid._ p. 259.]
-
-[Footnote 32: Bailey, 'Wild Tribes of the Veddahs of Ceylon,' in
-_Trans. Ethn. Soc._ N.S. ii. 291. Deschamps, _Carnet d'un voyageur au
-pays des Veddas_, p. 380.]
-
-[Footnote 33: King and Fitzroy, _op. cit._ i. 76; ii. 186. Weddell,
-_Voyage towards the South Pole_, p. 156. Pertuiset, _Le Trésor des
-Incas à la Terre de Feu_, p. 217.]
-
-[Footnote 34: Williams and Calvert, _Fiji and the Fijians_, p. 116.]
-
-[Footnote 35: Seemann, _Viti_, p. 193. _Cf._ _ibid._ p. 194.]
-
-[Footnote 36: Ward, _Five Years with the Congo Cannibals_, p. 141.
-_Cf._ _ibid._ p. 139.]
-
-[Footnote 37: Carver, _op. cit._ p. 240 _sq._ _Cf._ _ibid._ p. 378 _sq._]
-
-[Footnote 38: Murdoch, 'Ethnological Results of the Point Barrow
-Expedition,' in _Ann. Rep. Bur. Ethn._ ix. 417.]
-
-[Footnote 39: Hall, _Arctic Researches_, p. 568. Parry, _Second Voyage
-for the Discovery of a North-West Passage_, p. 529. Boas, 'Central
-Eskimo,' in _Ann. Rep. Bur. Ethn._ vi. 566. Turner, 'Ethnology of the
-Ungava District,' _ibid._ xi. 191. Seemann, _Voyage of "Herald,"_ ii.
-65. Cranz, _History of Greenland_, i. 174.]
-
-[Footnote 40: Veniaminof, quoted by Dall, _Alaska_, p. 397. _Cf._
-_ibid._ p. 393; Petroff, 'Report on Alaska,' in _Tenth Census of the
-United States_, p. 158.]
-
-[Footnote 41: Hooper, _Ten Months among the Tents of the Tuski_, p. 201.]
-
-[Footnote 42: Dobrizhoffer, _Account of the Abipones_, ii. 214 _sq._
-Wied-Neuwied, _Reise nach Brasilien_, ii. 40 (Botocudos). Wallace,
-_Travels on the Amazon_, p. 518 _sq._ (Amazon Indians; but on the
-Brazilian Indians generally, _cf._ von Martius, in _Jour. Roy. Geo.
-Soc._ ii. 198, and _Idem_, _Beiträge zur Ethnographie Amerika's_, i.
-125). Im Thurn, _Among the Indians of Guiana_, pp. 213, 219.
-MacCauley, 'Seminole Indians of Florida,' in _Ann. Rep. Bur. Ethn._ v.
-491. Dunbar, 'Pawnee Indians,' in **_Magazine of American History_,
-viii. 745. Catlin, _North American Indians_, ii. 242. Ten Kate,
-_Reizen en onderzoekingen in Noord-Amerika_, p. 364 _sq._ Sproat,
-_Scenes and Studies of Savage Life_, p. 160 (Ahts). Franklin,
-_Journey to the Shores of the Polar Sea_, p. 68 (Crees). Elliott,
-'Report on the Seal Islands,' in _Tenth Census of the United States_,
-p. 238. Krasheninnikoff, _History of Kamschatka_, p. 232 (Koriaks).
-Georgi, _Russia_, i. 25 (Laplanders); iii. 13 (Tunguses), 158
-(Kamchadales). Castrén, _Nordiska resor och forskningar_, ii. 121
-(Ostyaks). Prejevalsky, _Mongolia_, i. 71. Scott Robertson, _Káfirs of
-the Hindu-Kush_, p. 189. Blunt, _Bedouin Tribes of the Euphrates_, ii.
-214. Dalton, _Desiriptive Ethnology of Bengal_, p. 68 (Garos).
-Marshall, _A Phrenologist amongst the Todas_, p. 200; Shortt, 'Hill
-Tribes of the Neilgherries,' in _Trans. Ethn. Soc._ N.S. vii. 254
-(Todas). Kloss, _In the Andamans and Nicobars_, p. 228 (Nicobarese).
-Man, _Sonthalia and the Sonthals_, p. 78. Wallace, _Malay
-Archipelago_, p. 450 (Malays). Schwaner, _op. cit._ i. 162 (Malays of
-the Barito River Basin in Borneo). Low, _Sarawak_, p. 148 (Malays).
-Bock, _Head-Hunters of Borneo_, p. 210 (Dyaks). Ling Roth, _Natives of
-Sarawak and British North Borneo_, i. 68 (Land Dyaks). Forbes, _A
-Naturalist's Wanderings in the Eastern Archipelago_, p. 321 (natives
-of Timor-laut). Forbes, _Insulinde_, p. 182 (natives of Ritobel)
-Seligmann, in _Reports of the Cambridge Anthropological Expedition to
-Torres Straits_, v. 199; Haddon, _ibid._ v. 229, 274 (Western
-Islands). Romilly, _From my Verandah in New Guinea_, p. 51. Chalmers,
-_Pioneering in New Guinea_, p. 163. Christian, _Caroline Islands_, p.
-72 (Ponapeans). Kubary, 'Die Bewohner der Mortlock Inseln,' in
-_Mittheilungen der Geogr. Gesellsch. in Hamburg_, 1878-9, p. 261.
-Macdonald, _Oceana_, p. 195 (Efatese). Turner, _Samoa_, p. 317
-(natives of Tana), von Kotzebue, _Voyage of Discovery_, iii. 165
-(Natives of Radack). Mariner, _op. cit._ ii. 179 (Tongans).
-Dieffenbach, _Travels in New Zealand_, ii. 26, 107; Crozet, _Voyage to
-Tasmania_, p. 66 (Maoris). Dove, 'Aborigines of Tasmania,' in
-_Tasmanian Journal of Natural Science_, i. 252. Reade, _Savage
-Africa_, p. 245 (Equatorial Africans). Casati, _Ten Years in
-Equatoria_, i. 186 (Central African Negroes). Caillié, _Travels
-through Central Africa_, i. 352 (Mandingoes). Holub, _Seven Years in
-South Africa_, ii. 296 (Marutse). Livingstone, _Missionary Travels_,
-p. 126 (Bechuanas). Johnston, _Uganda Protectorate_, ii. 539
-(Pigmies). Sparrman, _Voyage to the Cape of Good Hope_, i. 219
-(Hottentots). Shaw, 'Betsileo Country and People,' in _Antananarivo
-Annual and Madagascar Magazine_, iii. 82. See also _supra_, p. 405;
-Steinmetz, 'Verhältnis zwischen Eltern und Kindern bei den
-Naturvölkern,' in _Zeitschrift für Socialwissenschaft_, i. 610 _sqq._;
-_Idem_, _Ethnologische Studien zur ersten Entwicklung der Strafe_, ii.
-ch. vi. §2.]
-
-{532} When dealing with the origin of the altruistic sentiment we
-shall find reason to believe that paternal affection not only prevails
-among existing men, savage and civilised, but that it belonged to the
-human race from the very beginning, and that the same was the case
-with the germ of marital affection, inducing the male to remain with
-the female till after the birth or the offspring, and to defend and
-support her during the periods of pregnancy and motherhood. It is true
-that among several savage peoples conjugal love is said to be unknown;
-but what is meant by this is, I think, typically expressed in Major
-Ellis's statement referring to some Gold Coast natives, that among
-them "love, as understood by the people of Europe, has no
-existence."[43] The love of a savage is certainly very different from
-the love of a civilised man; nevertheless we may discover in it traces
-of the same ingredients. Even rude savages, such as the Bushmans,
-Fuegians, Andaman Islanders, and Australian aborigines, seem often to
-be lovingly attached to their wives.[44]
-
-[Footnote 43: Ellis, _Tshi-speaking Peoples of the Gold Coast_, p.
-285. I have dealt with this subject in my _History of Human Marriage_,
-p. 356 _sqq._]
-
-[Footnote 44: _Ibid._ p. 358 _sq._]
-
-{533} The prevalence of paternal and marital affection accounts for
-the origin of the family (consisting of parents and children), and for
-the functions of the man as father and husband. The growing intensity
-of these sentiments has naturally increased the stability of the
-family tie; and other factors, of a selfish nature, have contributed
-towards the same result. From various points of view it is desirable
-for a man to have children. They are to him objects of pride; when
-grown-up, they add to his safety and power; they support him when he
-gets old; they make offerings to his spirit when he is dead. And no
-less useful is the possession of a wife. When the generative power is
-no longer restricted to a certain season of the year, she becomes a
-lasting cause of sensual delight; she is a mother of children; she
-manages the household; she acts as a carrier, she works in the field.
-
-Every social institution has a tendency to become a matter of moral
-concern because of the persistence of habit. But the simplest paternal
-and marital duties have a deeper foundation than the mere force of the
-habitual. If a man leaves his wife and children without protection and
-support, the other members of the community will sympathise with them,
-and feel resentment towards the neglectful husband and father. He will
-be looked upon as the cause of their sufferings, because he omitted to
-do what other men in his position would have done. His conduct will be
-repulsive to everyone who himself possesses those sentiments of which
-he proves destitute. He will be held guilty of a breach of contract,
-since by marrying he took upon himself the burden of maintaining his
-wife and their common offspring. To thoughtful minds his
-responsibility towards his children is further increased by the fact
-that he is the author of their being, and for that reason the source
-of their misery. Finally, the community as a whole will suffer by his
-negligence.
-
-The parents' duty of taking care of their offspring lasts until the
-latter are able to shift for themselves. On the other hand, when the
-parents, in their turn, get in need of {534} support, their care is to
-be reciprocated by the children. The practice of killing or abandoning
-decrepit parents is an exception even in the savage world, and, as we
-have seen, restricted to extreme cases in which it may be regarded as
-an act of kindness or of hard necessity. There are always savage
-peoples among whom aged parents, though suffered to live, are said to
-be grossly neglected by their children. But, so far as I know, these
-peoples are not numerous, and can hardly be regarded as
-representatives of a custom common to any larger ethnic group.
-
-Thus, according to Hearne, "old age is the greatest calamity that
-can befall a Northern Indian; for when he is past labour, he is
-neglected, and treated with great disrespect, even by his own
-children. They not only serve him last at meals, but generally give
-him the coarsest and worst of the victuals; and such of the skins as
-they do not chuse to wear, are made up in the clumsiest manner into
-clothing for their aged parents."[45] Yet among the same people
-Richardson witnessed "several unquestionable instances of tenderness
-and affection shown by children to their parents, and of compliance
-with their whims, much to their own personal inconvenience."[46] In
-his work on the tribes of California Mr. Powers observes:--"filial
-piety cannot be said to be a distinguishing quality of the Wailakki,
-or, in fact, of any Indians. No matter how high may be their station,
-the aged and decrepit are counted a burden. The old man, hero of a
-hundred battles, sometime 'lord of the lion heart and eagle eye,' when
-his fading eyesight no more can guide the winged arrow as of yore, is
-ignominiously compelled to accompany his sons into the forest, and
-bear home on his poor old shoulders the game they have killed."[47]
-But concerning the Indians of Upper California Beechey writes, "When
-any of their relations are indisposed, the greatest attention is paid
-to their wants, and it was remarked by Padre Arroyo that filial
-affection is stronger in these tribes than in any civilised nation on
-the globe with which he was acquainted."[48] Among the Indians on the
-east side of the Rocky Mountains, "the aged are commonly treated with
-much respect, which they consider themselves as entitled to claim";
-and they "are not suffered to want any thing which they need, and
-which {535} it is in the power of their relations to procure for
-them."[49] The religious teachers of the Iroquois inculcated the duty
-of protecting aged parents, as divinely enjoined:--"It is the will of
-the Great Spirit that you reverence the aged, even though they be as
-helpless as infants."[50] The Aleuts described by Veniaminof
-considered disregard of one's parents to be the greatest and most
-dishonourable of crimes; "we should sincerely love them," they said,
-"do all we could toward their support, remain with them, and care for
-them until their death."[51] The children of the Central Eskimo are
-very dutiful, obeying the wishes of their parents and taking care of
-them in their old age;[52] and statements to the same effect are made
-with reference to other Eskimo tribes.[53] Cranz, who did not
-generally panegyrise the moral qualities of the Greenlanders, wrote
-that the bonds of filial and parental love seem stronger in them than
-amongst other nations, and that "ingratitude in up-grown children
-towards their old decrepit parents, is scarcely exemplified among
-them."[54] Among the Botocudos Prince Wied-Neuwied saw a young man
-carrying about his blind father, not leaving him alone for a single
-moment.[55] Among the Fuegians "grown-up children are expected to
-support their parents when they become aged; the son generally makes
-his father, if he is past work, a canoe every season, and if the aged
-man is a widower he lives entirely under the charge of his eldest
-son."[56] The Australian natives are much praised for the regard with
-which they treat their parents and elders. With reference to the
-Western tribes, Bishop Salvado observes:--"Les fils adultes payent de
-retour l'affection de leurs parents. S'ils sont vieux, ils réservent
-pour eux les meilleurs pièces de gibier, ou de tout autre mets, et se
-chargent de venger leurs offenses."[57] Among the Kukis of India,
-"when past work, the father and mother are supported by their
-children."[58] Among the Bódo and Dhimáls "it is {536} deemed shameful
-to leave old parents entirely alone; and the last of the sons, who by
-his departure does so, is liable to fine as well as disinheritance."[59]
-Among the Betsileo of Madagascar "the old are never left destitute or
-to their own devices. . . . It is by no means uncommon to see the son
-carrying the aged parent on his back, when necessity or inclination
-demands locomotion."[60] Among the Mandingoes "the aged who are unable
-to support themselves are always maintained and treated with respect
-by their children."[61] That uncivilised races commonly regard it a
-stringent duty for children to maintain their aged parents and to
-administer to their wants, is also obvious from statements testifying
-their filial regard in general terms.[62] On the other hand, the fact
-that some peoples are said to be deficient in this sentiment, does not
-imply that they fail to recognise the simple duty of supporting old
-and helpless parents.
-
-[Footnote 45: Hearne, _Journey to the Northern Ocean_, p. 345 _sq._]
-
-[Footnote 46: Richardson, _Arctic Searching Expedition_, ii. 17.]
-
-[Footnote 47: Powers, _op. cit._ p. 118 _sq._]
-
-[Footnote 48: Beechey, _Voyage to the Pacific and Behring's Strait_,
-ii. 402.]
-
-[Footnote 49: Harmon, _Voyages and Travels in the Interior of North
-America_, p. 348.]
-
-[Footnote 50: Morgan, _League of the Iroquois_, p. 171.]
-
-[Footnote 51: Veniaminof, quoted by Petroff, _loc. cit._ p. 155.]
-
-[Footnote 52: Boas, 'Central Eskimo,' in _Ann. Rep. Bur. Ethn._
-vi. 566.]
-
-[Footnote 53: Murdoch, 'Point Barrow Expedition,' in _Ann. Rep. Bur.
-Ethn._ ix. 417. Turner, 'Ungava District,' _ibid._ xi. 191.]
-
-[Footnote 54: Cranz, _op. cit._ i. 174, 150. _Cf._ Egede, _Description
-of Greenland_, p. 147; Holm, 'Ethnologisk Skizze af Angmagsalikerne,'
-in _Meddelelser om Grönland_, x. 93.]
-
-[Footnote 55: Wied-Neuwied, _op. cit._ ii. 40.]
-
-[Footnote 56: Bridges, 'Manners and Customs of the Firelanders,' in _A
-Voice for South America_, xiii. 206.]
-
-[Footnote 57: Salvado, _Mémoires historiques sur l'Australie_, p. 277.
-_Cf._ Curr, _The Australian Race_, iii. 155; Gason, 'Dieyerie Tribe,'
-in Woods, _Native Tribes of South Australia_, p. 258; Mathew,
-'Australian Aborigines,' in _Jour. & Proceed. Roy. Soc. N. S. Wales_,
-xxiii. 388.]
-
-[Footnote 58: Lewin, _Wild Races of South-Eastern India_, p. 256.]
-
-[Footnote 59: Hodgson, _Miscellaneous Essays_, i. 123.]
-
-[Footnote 60: Shaw, in _Antananarivo Annual_, iii. 82.]
-
-[Footnote 61: Caillié, _op. cit._ i. 352.]
-
-[Footnote 62: See _infra_, on the Subjection of Children.]
-
-At a higher stage of civilisation reverence for parents reaches its
-pitch, and the duty of maintaining them in their old age is taken for
-a matter of course. Among the present Hindus "it would certainly be
-regarded as a most disgraceful thing were a man who could do anything
-for the support of an aged father or mother to allow the burden of
-their maintenance to fall on strangers";[63] and it is common for
-unmarried soldiers to stint themselves almost to starvation point,
-that they may send home money to their parents.[64] The priesthood of
-modern Buddhism teach that children shall "respect their parents, and
-perform all kinds of offices for them, even though they should have
-servants whom they could command to do all that they require."[65] At
-ancient Athens, before a man could become a magistrate, evidence was
-to be produced that he had treated his parents properly; and a person
-who refused his parents food and dwelling lost his right of speaking
-in the national assembly.[66] According to {537} the Icelandic Grágás,
-a man should maintain in the first place his mother, in the second his
-father, in the third his own children.[67] The Talmud enjoins the duty
-of maintaining parents;[68] and so does Muhammedan law, "if the
-parents are both poor and lastingly infirm, or both poor and
-insane."[69]
-
-[Footnote 63: Wilkins, _Modern Hinduism_, p. 418.]
-
-[Footnote 64: Monier Williams, _Indian Wisdom_, p. 440, n. 1.]
-
-[Footnote 65: Hardy, _op. cit._ p. 494. _Cf._ _ibid._ p. 495.]
-
-[Footnote 66: Schmidt, _Ethik der alten Griechen_, ii. 144.]
-
-[Footnote 67: _Grágás_, Omaga-balkr, 1, vol. i. 232.]
-
-[Footnote 68: Katz, _Der wahre Talmudjude_, p. 119.]
-
-[Footnote 69: Sachau, _op. cit._ p. 17 _sq._]
-
-Christianity, as will be shown, in one essential point changed the
-notions of antiquity regarding children's duties towards their
-parents: it made these duties subordinate to men's duties towards God.
-"Verily I say unto you, There is no man that hath left house, or
-brethren, or sisters, or father, or mother, or wife, or children, or
-lands, for my sake, and the gospel's, but he shall receive an
-hundredfold now in this time, houses, and brethren, and sisters, and
-mothers, and children, and lands, with persecutions; and in the world
-to come eternal life."[70] There are numerous legends and lives of
-saints in which the desertion of the nearest relations is recorded as
-one of the leading features of their sanctity, and as one of their
-chief titles to honour.[71] Some Catholic writers were of opinion that
-a man might lawfully abandon his parents, even though they could not
-be supported without him, and enter religion, committing the care of
-them to God. But Thomas Aquinas says that this would be tempting God,
-adding however that he who has already professed religion "ought not,
-on any plea of supporting his parents, to quit the cloister in which
-he is buried with Christ, and entangle himself again in worldly
-business."[72] Yet our duties towards our parents come next to our
-duties towards God. We ought to aid them when in want, and to
-supplicate God in their behalf that they may lead prosperous and happy
-lives.[73]
-
-[Footnote 70: _St. Mark_, x. 29 _sq._]
-
-[Footnote 71: _Cf._ Farrer, _Paganism and Christianity_, p. 196.]
-
-[Footnote 72: Thomas Aquinas, _Summa Theologica_, ii.-ii. 101. 4.]
-
-[Footnote 73: _Catechism of the Council of Trent_, iii. 5. 10 _sq._]
-
-The duty of supporting aged parents has its root in {538} the
-sentiments of affection, gratitude, and regard, and, to some extent,
-in superstitious fear. However feeble they be, the parents have in
-their hands a powerful weapon--the curse; or, when they are dead,
-their ghosts may avenge their wrongs on their neglectful children. All
-these circumstances will be discussed in the chapter dealing with the
-subjection of children.
-
-We have further to consider the duty of assisting brothers and sisters
-and more distant relatives. Among the Aleuts, says Veniaminof, a
-brother "must always aid his brother in war as well as in the chase,
-and each protect the other; but if anybody, disregarding this natural
-law, should go to live apart, caring only for himself, such a one
-should be discarded by his relatives in case of attack by enemies or
-animals, or in time of storms; and such dishonourable conduct would
-lead to general contempt."[74] Among the Point Barrow Eskimo "the
-older children take very good care of the smaller ones";[75] and of
-the Sia Indians (Pueblos) we are told that "a marked trait is their
-loving kindness and care for younger brothers and sisters."[76] Dr.
-Schweinfurth writes:--"Notwithstanding . . . that certain instances
-may be alleged which seem to demonstrate that the character of the
-Dinka is unfeeling, these cases never refer to such as are bound by
-the ties of kindred. Parents do not desert their children, nor are
-brothers faithless to brothers, but are ever prompt to render whatever
-aid is possible."[77] I presume that these examples of fraternal
-relations may, on the whole, be regarded as expressive of universal
-facts. According to Confucius, the love which brother should bear to
-brother is second only to that which is due from children to
-parents.[78]
-
-[Footnote 74: Veniaminof, quoted by Petroff, _loc. cit._ p. 155.]
-
-[Footnote 75: Murdoch, in _Ann. Rep. Bur. Ethn._ ix. 417.]
-
-[Footnote 76: Stevenson, 'Sia,' in _Ann. Rep. Bur. Ethn._ xi. 22.]
-
-[Footnote 77: Schweinfurth, _Heart of Africa_, i. 169.]
-
-[Footnote 78: Douglas, _Confucianism and Taouism_, p. 123.]
-
-The duty of assisting more distant relatives is much more variable. It
-may be said that, as a general rule, among {539} savages and
-barbarians--with the exception, perhaps, of those who live in small
-family-groups--as also among the peoples of archaic culture, this duty
-is more prominent and extends further than amongst ourselves. The
-blood-tie has much greater strength, related families keep more
-closely together for mutual protection and aid. The Angmagsaliks of
-Eastern Greenland, says Lieutenant Holm, consider that the tie of
-blood imposes mutual assistance as a duty under all circumstances.[79]
-The Omahas maintain that "generosity cannot be exercised toward
-kindred, who have a natural right to our assistance."[80] Among the
-natives of Madagascar "the claims of relationship are distinctly
-recognised by custom and law. If one branch of a family becomes poor,
-the members of the same family support him; if he be sold into slavery
-for debt, they often unite in furnishing the price of his redemption.
-. . . The laws facilitate and encourage, and sometimes even enforce,
-such acts of kindness."[81] In his description of the Australian
-Bangerang, Mr. Curr observes, "Though their ways were different from
-ours, it always seemed to me that the bonds of friendship between
-blood relations were stronger, as a rule, with savages than amongst
-ourselves."[82] Among the Philippine Islanders "families are very
-united, and claims for help and protection are admitted, however
-distant the relationship may be."[83] Of the Burmans it is said, "No
-people can be more careful in preserving and acknowledging the bonds
-of family relationship to the remotest degrees, and not merely as a
-matter of form, but as involving the duty of mutual assistance."[84]
-Among the ancient Hindus, Persians, Greeks, and Romans, persons
-belonging to the four generations of near relatives--the Sapindas,
-Syngeneis, Anchisteis, or Propinqui--were expected to assist {540}
-each other whenever it was needed.[85] The Scandinavians considered
-him to be a bad man who did not help his kindred against strangers,
-even though there was enmity between the relatives.[86]
-
-[Footnote 79: Holm, in _Meddelelser om Grönland_, x. 87.]
-
-[Footnote 80: Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur. Ethn._
-iii. 274.]
-
-[Footnote 81: Ellis, _History of Madagascar_, i. 138. _Cf._ Sibree,
-_The Great African Island_, p. 256 _sq._]
-
-[Footnote 82: Curr, _Recollections of Squatting in Victoria_, p. 274.]
-
-[Footnote 83: Foreman, _Philippine Islands_, p. 186.]
-
-[Footnote 84: Forbes, _British Burma_, p. 59.]
-
-[Footnote 85: Leist, _Alt-arisches Jus Civile_, i. 47 _sqq._, 231 _sqq._]
-
-[Footnote 86: Rosenberg, _Nordboernes Aandsliv_, i. 488.]
-
-But the duty of helping the needy and protecting those in danger goes
-beyond the limits of the family and the _kin_. Uncivilised peoples
-are, as a rule, described as kind towards members of their own
-community or tribe. Between themselves charity is enjoined as a duty,
-and generosity is praised as a virtue. Indeed, their customs regarding
-mutual aid are often much more stringent than our own. And this
-applies even to the lowest savages.[87]
-
-[Footnote 87: The prevalence of mutual aid in uncivilised communities
-has been duly emphasised by Prince Kropotkin, _Mutual Aid_, p. 76 _sqq._]
-
-"La disposition à la générosité," says M. Hyades, "est un trait
-charactéristique des Fuégiens. Ils aiment à partager ce qu'ils ont
-avec tous ceux qui les entourent."[88] Captain Weddell likewise speaks
-of "the philanthropic principle which these people exhibit towards one
-another."[89] Burchell tells us that the Bushmans, between themselves,
-"exercise the virtues of hospitality and generosity, often in an
-extraordinary degree."[90] The Veddahs of Ceylon are friendly towards
-each other, and ready to help a person in distress.[91] The Andamanese
-display much mutual affection in their social relations, and
-frequently make presents of the best that they possess. "Every care
-and consideration," says Mr. Man, "are paid by all classes to the very
-young, the weak, the aged, and the helpless, and these, being made
-special objects of interest and attention, invariably fare better in
-regard to the comforts and necessaries of daily life than any of the
-otherwise more fortunate members of the community."[92] The Australian
-natives are almost universally praised for their friendly behaviour
-towards persons {541} belonging to their own people.[93] Presents
-given to one of a group are speedily divided as far as possible among
-the rest, and when a black man has employment at a station he
-generally gives away most of his earnings to his comrades in the
-camp.[94] "Between the males of a tribe," says Mr. Curr, "there always
-exists a strong feeling of brotherhood, so that, come weal come woe, a
-man can always calculate on the aid, in danger, of every member of his
-tribe."[95] Regarding the Central Australian natives, Messrs. Spencer
-and Gillen observe that their treatment of one another "is marked on
-the whole by considerable kindness, that is, of course, in the case of
-members of friendly groups, with every now and then the perpetration
-of acts of cruelty."[96] Collins says that the aborigines about Botany
-Bay and Port Jackson "applauded acts of kindness and generosity, for
-of both these they were capable."[97]
-
-[Footnote 88: Hyades and Deniker, _Mission scientifique du Cap Horn_,
-vii. 243.]
-
-[Footnote 89: Weddell, _op. cit._ p. 168. According to other
-authorities, the Fuegians, though free from malevolence and cruelty,
-are not distinguished for active benevolence (Bridges, in _A Voice for
-South America_, xiii. 208, 213. Bove, _Patagonia_, pp. 133, 137.
-Lovisato, 'Appunti etnografici sulla Terra del Fuoco,' in _Cosmos di
-Guida Cora_, viii. 145, 151. _Cf._ also Hyades and Deniker, _op. cit._
-vii. 238, 240, 243 _sq._).]
-
-[Footnote 90: Burchell, _Travels in the Interior of Southern Africa_,
-ii. 54.]
-
-[Footnote 91: Sarasin, _Ergebnisse naturwissenschaftlicher Forschungen
-auf Ceylon_, iii. 545, 550. Schmidt, _Ceylon_, p. 276.]
-
-[Footnote 92: Man, in _Jour. Anthr. Inst._ xii. 93 _sq._ _Cf._
-Portman, _ibid._ xxv. 368.]
-
-[Footnote 93: Curr, _The Australian Race_, i. 49. Hodgson,
-_Reminiscences of Australia_, p. 88. Oldfield, 'Aborigines of
-Australia,' in _Trans. Ethn. Soc._ N.S. iii. 226. Eyre, _op. cit._ ii.
-385 _sq._ Brough Smyth, _op. cit._ ii. 279. Lumholtz, _Among
-Cannibals_, p. 176. Mathew, in _Jour. & Proceed. Roy. Soc. N.S.
-Wales_, xxiii. 387 _sq._ Breton, _Excursions in New South Wales_, p.
-218. Fison and Howitt, _op. cit._ p. 259. Wyatt, 'Manners and
-Superstitions of the Adelaide and Encounter Bay Aboriginal Tribes,' in
-Woods, _Native Tribes of South Australia_, p. 162. Schuermann,
-'Aboriginal Tribes of Port Lincoln,' _ibid._ pp. 243, 244,
-247.]
-
-[Footnote 94: Schuermann, _loc. cit._ p. 244. Ridley, _Kámilarói_, p.
-158. Fison and Howitt, _op. cit._ p. 256. Lumholtz, _Among Cannibals_,
-pp. 199, 343. Stirling, _Report of the Horn Expedition to Central
-Australia. Part IV. Anthropology_, p. 36.]
-
-[Footnote 95: Curr, _The Australian Race_, i. 62.]
-
-[Footnote 96: Spencer and Gillen, _Native Tribes of Central
-Australia_, p. 50.]
-
-[Footnote 97: Collins, _English Colony in New South Wales_, i. 549.]
-
-Passing to savages and barbarians who have reached a somewhat
-higher level of culture:--We are told by Mr. Catlin, with reference to
-the North American Indians, that, "to their friends, there are no
-people on earth that are more kind."[98] According to Adair, "they are
-very kind and liberal to every one of their own tribe, even to the
-last morsel of food they enjoy"; Nature's school "teaches them the
-plain easy rule, 'do to others, as you would be done by.'"[99] Harmon
-praises the generosity of the Indians:--"They are more ready, in
-proportion to their means, to assist a neighbour who may be in want,
-than the inhabitants, generally, of civilised countries. An Indian
-rarely kills an animal, without sending a part of it to a neighbour if
-he has one near him."[100] The Naudowessies "supply the deficiency of
-their friends with any superfluity of their own," and "in dangers they
-readily give assistance to those of their band {542} who stand in need
-of it, without any expectation of return."[101] Among the Iroquois
-"kindness to the orphan, hospitality to all, and a common brotherhood,
-were among the doctrines held up for acceptance by their religious
-instructors"; an Iroquois "would surrender his dinner to feed the
-hungry, vacate his bed to refresh the weary, and give up his apparel
-to clothe the naked."[102] Among the Omahas grades of merit or bravery
-were of two sorts: to the first class belonged such as had given to
-the poor on many occasions, and had invited guests to many feasts. To
-the second class belonged those who, besides having done these things
-many times, had killed several of the foe, and had brought home many
-horses. When a person sees a poor man or woman, they said, he should
-make presents to the unfortunate being; thus he can gain the goodwill
-of Wakanda as well as that of his own people.[103] The Ahts of
-Vancouver Island succour any one in need of help, without looking for
-any ulterior benefit.[104] The Aleuts were instructed to be kind to
-others and to refrain from selfishness; it was the custom for the
-successful hunter or fisher, particularly in times of scarcity, to
-share his prize with all, not only taking no larger share, but often
-less than the others.[105] Among the Eskimo about Behring Strait,
-whenever a successful trader accumulates property and food, and is
-known to work solely for his own welfare, he becomes an object of
-enmity and hatred among his fellow-villagers, which ends in one of two
-ways--the villagers may compel him to make a feast and distribute his
-goods, or they may kill him and divide his property among
-themselves.[106] According to the Greenland creed, all those who had
-striven and suffered for the benefit of their fellow-men should find a
-happy existence after death in the abodes of the supreme being,
-Tornarsuk.[107] "The Greenlander," says Dr. Nansen, "is the most
-compassionate of creatures with regard to his neighbour. His first
-social law is to help others."[108] Captain Hall holds an equally
-favourable opinion of those Eskimo with whom he came in contact. "As
-between themselves," he says, "there can be no people exceeding them
-in this virtue kindness of heart. Take, for instance, times of great
-scarcity of food. If one family happens to have any provisions on
-{543} hand, these are shared with all their neighbours. If one man is
-successful in capturing a seal, though his family may need it all to
-save them from the pangs of hunger, yet the whole of his people about,
-including the poor, the widow, the fatherless, are at once invited to
-a seal-feast."[109] They believe that all Innuits who have been good,
-"that is, who have been kind to the poor and hungry," will after death
-go to Koodleparmiung, or heaven, whereas those who have been bad,
-"that is, unkind to one another," will go to Adleparmeun, or
-hell.[110] Many of the South American peoples are praised for their
-kind disposition of mind;[111] the Guiana Indians seemed to a
-Christian missionary to be "generous to a fault."[112] The Caribs had
-all their interests in common, lived in great harmony, and loved each
-other heartily.[113]
-
-[Footnote 98: Catlin, _North American Indians_, ii. 241.]
-
-[Footnote 99: Adair, _History of the American Indians_, pp. 431, 429.]
-
-[Footnote 100: Harmon, _op. cit._ p. 349.]
-
-[Footnote 101: Carver, _op. cit._ p. 247.]
-
-[Footnote 102: Morgan, _League of the Iroquois_, pp. 172, 329.]
-
-[Footnote 103: Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur. Ethn._
-iii. 333, 274. _Cf._ _Idem_, 'Siouan Sociology,' _ibid._ xv. 232
-(Kansas).]
-
-[Footnote 104: Sproat, _op. cit._ p. 166.]
-
-[Footnote 105: Veniaminof, quoted by Petroff, _loc. cit._ p. 155, and
-Dall, _Alaska_, p. 392.]
-
-[Footnote 106: Nelson, 'Eskimo about Bering Strait,' in _Ann. Rep.
-Bur. Ethn._ xviii. 305.]
-
-[Footnote 107: Rink, _Greenland_, p. 141.]
-
-[Footnote 108: Nansen, _First Crossing of Greenland_, ii. 304. _Cf._
-_ibid._ ii. 334; Nansen, _Eskimo Life_, pp. 116, 177; Egede, _op.
-cit._ pp. 123, 126 _sq._]
-
-[Footnote 109: Hall, _Arctic Researches_, p. 567.]
-
-[Footnote 110: _Ibid._ p. 571 _sq._]
-
-[Footnote 111: von Martius, _Beiträge zur Ethnographie Amerika's_,
-i. 217, 641 (Guarayos, Macusis). Musters, _op. cit._ p. 195
-(Patagonians).]
-
-[Footnote 112: Brett, _Indian Tribes of Guiana_, p. 276.]
-
-[Footnote 113: de Poircy-Rochefort, _Histoire naturelle et morale des
-Iles Antilles_, p. 460.]
-
-Among the Tonga Islanders the sentiment of humanity, or a
-fellow-feeling for one another, is universally approved. They "are not
-only not selfish, but admire liberality, and are practically liberal."
-When any one is about to eat, he always shares what he has with those
-about him without any hesitation, and not to do so would be considered
-exceedingly vile and selfish. So, also, "if one chief sees something
-in the possession of another, which he has a strong desire to have, he
-has only to ask him for it, and in all probability it is readily and
-liberally given."[114] Not even the Fijians, who took great pains to
-instil into the minds of their youth a contempt for compassionate
-impulses and an admiration for relentless cruelty,[115] were destitute
-of humanity and friendly feelings.[116] In Aneiteum, of the New
-Hebrides, the people believed that the sin which would be visited with
-the severest punishment in the land of the dead was stinginess or
-niggardliness in giving away food, and that the virtue which received
-the highest reward was a generous hospitality and a giving liberally
-at feasts.[117] In Tana, another island belonging to the same group,
-"one man has only to ask anything from his neighbours, and he gets
-it."[118] Of the New Caledonians Mr. Atkinson states that, among
-themselves, they are "of a generosity that seems to arise mainly from
-aversion to refuse any request."[119] The Dyaks are described as
-hospitable, {544} kindly, and humane, "to a degree which well might
-shame ourselves";[120] whilst the practice of head-hunting is carried
-on by every tribe at the expense of its neighbour, the members of each
-community have strong feelings of sympathy for each other.[121] Among
-the Sea Dyaks, says Grassland, "if any are sick or unable to work, the
-rest help; and there seems to me a much stronger bond of union amongst
-them than I have ever seen among the labouring classes in England."[122]
-
-[Footnote 114: Mariner, _op. cit._ ii. 153, 154, 165.]
-
-[Footnote 115: Erskine, _Cruise among the Islands of the Western
-Pacific_, p. 247.]
-
-[Footnote 116: _Ibid._ pp. 247, 273. Williams and Calvert, _op. cit._
-pp. 93, 115 _sq._ Seemann, _Viti_, p. 192.]
-
-[Footnote 117: Inglis, _In the New Hebrides_, p. 31.]
-
-[Footnote 118: Campbell, _A Year in the New Hebrides_, p. 169.]
-
-[Footnote 119: Atkinson, in _Folk-Lore_, xiv. 248.]
-
-[Footnote 120: Boyle, _Adventures among the Dyaks of Borneo_, p. 215.]
-
-[Footnote 121: Bock, _Head-Hunters of Borneo_, p. 210 _sq._ Brooke,
-_Ten Years in Saráwak_, i. 57.]
-
-[Footnote 122: Crossland, quoted by Ling Roth, _Natives of Sarawak_,
-i. 85.]
-
-The Santals are gentle and very obliging, and sociable to a fault
-among their own people.[123] The Hos "are charitable to those
-deserving aid."[124] The Todas believe that, after death, the souls of
-good people will have enjoyment in heaven, whilst the souls of bad
-people will suffer punishment; "a good man is, in the Toda estimation,
-one who is given to deeds of charity, and a bad man one who is
-uncharitable (this in order of precedence), quarrelsome, thieving,
-&c."[125] Mr. Batchelor states that "a more kind, gentle, and
-sympathetic people than the Ainos of Japan would be very difficult to
-find"; anything given to them they always divide with their
-friends.[126] The Samoyedes are ready to share their last morsel with
-their companions; and it is said that nobody can surpass the poor
-Ostyak in benevolence and other virtues of the heart.[127] "The finest
-trait in the character of a Bedouin (next to good faith)," Burckhardt
-observes, "is his kindness, benevolence, and charity. . . . Among
-themselves, the Bedouins constitute a nation of brothers; often
-quarrelling, it must be owned, with each other, but ever ready, when
-at peace, to give mutual assistance."[128] Generosity is a virtue
-which always commands particular respect in the desert.[129] The Arabs
-of the Soudan have a saying that "you must always put other people's
-things on your head, and your own under your arm. Then, if there be
-danger of the things falling off your head, you must raise your arm,
-and let fall your own things to save those of others."[130]
-
-[Footnote 123: Man, _Sonthalia_, p. 19 _sq._ Hunter, _Annals of Rural
-Bengal_, i. 215.]
-
-[Footnote 124: Tickell, 'Memoir on the Hodésum,' in _Jour. Asiatic
-Soc. Bengal_, ix. (pt. ii.) 807.]
-
-[Footnote 125: Thurston, 'Todas of the Nilgiris,' in the Madras
-Government Museum's _Bulletin_, i. 166 _sq._]
-
-[Footnote 126: Batchelor, _Ainu of Japan_, p. 19. Holland, 'Ainos,' in
-_Jour. Anthr. Inst._ iii. 235.]
-
-[Footnote 127: Castrén, _op. cit._ i. 238; ii. 55.]
-
-[Footnote 128: Burckhardt, _Notes on the Bedouins and Wahábys_, p. 208.]
-
-[Footnote 129: Wallin, _Reseanteckningar från Orienten_, iii. 244.
-Blunt, _Bedouin Tribes of the Euphrates_, ii. 224.]
-
-[Footnote 130: Richardson, _Mission to Central Africa_, i. 117.]
-
-{545} The Barea are a benevolent people, kind even to
-strangers.[131] The Manganja, in the neighbourhood of Lake Nyassa,
-"are generous in the distribution of food," and even when starving
-they share the last morsel with their friends.[132] Sir H. Johnston
-says that he has never met with "a more kindly, sensible, considerate
-set of beings" than the Wa-taveita.[133] The Eastern Central Africans,
-the Rev. D. Macdonald observes, "are not mere animals composed of
-greed and selfishness. They often shew great bravery and devotedness.
-I can point to one man who saved my life on three separate occasions
-at the risk of his own."[134] Among the Bechuanas a regard for the
-poor, for widows, and for orphans, is everywhere considered to be a
-sacred duty.[135] Among all the virtues the Basutos appreciate none
-more than kindness. They have a saying that "one link only sounds
-because of another"--which implies that we cannot do without the help
-of our fellow-creatures,--and another saying that "one does not skin
-one's game without showing it to one's friends"--that is, when we have
-been successful in our undertakings, it becomes us to be generous. If
-any food is brought to them while they are in each other's society,
-however small may be the quantity, every one must have a taste.[136]
-The Kafirs are a kindly race; Lichtenstein says that "whenever anyone
-kills an ox he must invite all his neighbours to partake of it, and
-they remain his guests till the whole is eaten."[137] Of the
-Hottentots Kolben states:--"They are certainly the most friendly, the
-most liberal, and the most benevolent people to one another that ever
-appear'd upon earth . . . . They are charmed with opportunities of
-obliging each other, and one of their greatest pleasures lies in
-interchanging gifts and good offices."[138] "A Hottentot," says
-Barrow, "would share his last morsel with his companions."[139] Drury
-wrote of the people of Madagascar:--"They certainly treat one another
-with more humanity than we do. Here is no one miserable, if it is in
-the power of his neighbours to help him. Here is love, tenderness, and
-generosity which might {546} shame us; and . . . . this is . . . . all
-over the island."[140] Ellis likewise observes that, in Madagascar,
-assisting in distress, and lending and borrowing property and money,
-are carried on much more commonly and freely than amongst neighbours
-or relatives in England, and that a kindness of heart in these things
-is always esteemed excellent.[141]
-
-[Footnote 131: Munzinger, _Ostafrikanische Studien_, p. 534.]
-
-[Footnote 132: Rowley, _Africa Unveiled_, p. 47.]
-
-[Footnote 133: Johnston, _Kilima-njaro Expedition_, p. 436.]
-
-[Footnote 134: Macdonald, _Africana_, i. 270, 266.]
-
-[Footnote 135: Arbousset and Daumas, _Exploratory Tour to the
-North-East of the Colony of the Cape of Good Hope_, p. 402.]
-
-[Footnote 136: Casalis, _Basutos_, pp. 206, 207, 301, 306, 309 _sqq._]
-
-[Footnote 137: Leslie, _Among the Zulus and Amatongas_, p. 203.
-Lichtenstein, _Travels in Southern Africa_, i. 272.]
-
-[Footnote 138: Kolben, _Present State of the Cape of Good Hope_, i.
-334 _sq._ _Cf._ _ibid._ i. 167.]
-
-[Footnote 139: Barrow, _Travels into the Interior of Southern Africa_,
-i. 151.]
-
-[Footnote 140: Drury, _Adventures during Fifteen Years' Captivity on
-the Island of Madagascar_, p. 172 _sq._]
-
-[Footnote 141: Ellis, _History of Madagascar_, i. 139. For other
-African instances, see Mungo Park, _Travels in the Interior of
-Africa_, p. 17 (Mandingoes); Burton, _Abeokuta_, i. 303 (Yoruba);
-_Idem_, _Two Trips to Gorilla Land_, i. 106 (Mpongwe); Monrad,
-_Guinea-Kysten og dens Indbyggere_, p. 7; Johnston, _River Congo_, p.
-423 (races of the Upper Congo); Wilson and Felkin, _op. cit._ i. 225
-(Waganda).]
-
-Among many savages the old people, in particular, have a claim to
-support and assistance, not only from their own children or relatives,
-but from the younger members of the community generally.
-
-Among the Australian natives the old men get the best and largest
-share of everything, and are allowed to monopolise the youngest and
-best-looking women, whilst a young man must consider himself fortunate
-if he can get an old woman for wife.[142] Among the Tonga Islanders
-"every aged man and woman enjoys the attentions and services of the
-younger branches of society."[143] In the Kingsmill Islands
-"generosity, hospitality, and attention to the aged and infirm are
-virtues highly esteemed and generally practised among all the
-natives."[144] Among the Kafirs, when persons advanced in years become
-sick and helpless, "everyone is eager to afford them assistance."[145]
-In the opinion of the Aleuts, "feeble old men must be respected and
-attended when they need aid, and the young and strong should give them
-a share of their booty and help them through all their troubles,
-endeavouring to obtain in exchange their good advice only."[146]
-
-[Footnote 142: Eyre, _op. cit._ ii. 385 _sq._ Mathew, in _Jour. &
-Proceed. Roy. Soc. N.S. Wales_, xxiii. 407. Lumholtz, _Among
-Cannibals_, p. 163. _Cf._ Grey, _Journals of Two Expeditions of
-Discovery in North-West and Western Australia_, ii. 248; Brough Smyth,
-_op. cit._ i. 138; Spencer and Gillen, _Native Tribes of Central
-Australia_, p. 51.]
-
-[Footnote 143: Mariner, _op. cit._ ii. 155.]
-
-[Footnote 144: Hale, _U.S. Exploring Expedition. Vol. VI. Ethnography
-and Philology_, p. 95.]
-
-[Footnote 145: Lichtenstein, _op. cit._ i. 265.]
-
-[Footnote 146: Veniaminof, quoted by Petroff, _loc. cit._ p. 155.]
-
-The sick, also, are often very carefully attended to.
-
-Among the coast tribes of British Columbia Mr. Duncan "always found
-one or two nurses to an invalid, if the case was {547} at all bad; the
-sympathy of the nurses, too, seemed very great."[147] Beechey says of
-the wild Indians of Upper California:--"The very great care taken of
-all those who are affected with any disease ought not to be allowed to
-escape a remark. When any of their relations are indisposed, the
-greatest attention is paid to their wants."[148] Keating noticed the
-kind and humane treatment which the Potawatomis extended even to the
-idiots.[149] The Koriaks "carefully attend those who are sick."[150]
-The same is said of the Ainos of Japan,[151] and the Tagbanuas of the
-Philippine Islands.[152] In Sarawak no relative is abandoned because
-an injury or illness may have incapacitated him for work.[153] When a
-Dyak is ill at home, the women nurse the patient in turn.[154] In
-Samoa "the treatment of the sick was invariably humane."[155] In
-Tana,[156] Humphrey's Island,[157] Erromanga,[158] and Tasmania,[159]
-they were likewise kindly attended to; and the same is the case at
-least among many of the Australian tribes.[160] Concerning the
-aborigines of Herbert River, in Northern Queensland, Lumholtz
-writes:--"The natives are very kind and sympathetic towards those who
-are ill, and they carry them from camp to camp. This is the only noble
-trait I discovered in the Australian natives."[161] In various parts
-of Australia the blind, and especially the aged blind, are carefully
-tended; travellers on the northern coast of the continent have noticed
-that these are generally the fattest of the company, being supplied
-with the best of everything.[162] "No trait in the character of the
-Malagasy," says Ellis, "is more creditable to their humanity, and more
-gratifying to our benevolent feelings, than the kind, patient, and
-affectionate manner in which they attend upon the sick."[163] A
-similar praise is bestowed upon the {548} Mandingoes[164] and
-Kafirs.[165] Among the Zulus, says Mr. J. Tyler, "work, however
-important, is at once suspended that they may help their afflicted
-friends."[166]
-
-[Footnote 147: Duncan, quoted by Mayne, _Four Years in British
-Columbia_, p. 292 _sq._]
-
-[Footnote 148: Beechey, _op. cit._ ii. 402.]
-
-[Footnote 149: Keating, _Expedition to the Source of St. Peter's
-River_, i. 100.]
-
-[Footnote 150: Krasheninnikoff, _op. cit._ p. 233.]
-
-[Footnote 151: von Siebold, _Die Aino auf der Insel Yesso_, p. 11.]
-
-[Footnote 152: Worcester, _Philippine Islands_, p. 494.]
-
-[Footnote 153: St. John, _Life in the Forests of the Far East_, ii. 323.]
-
-[Footnote 154: Bock, _Head-Hunters of Borneo_, p. 211.]
-
-[Footnote 155: Turner, _Samoa_, p. 141. _Cf._ Pritchard, _Polynesian
-Reminiscences_, p. 146.]
-
-[Footnote 156: Turner, _Samoa_, p. 323.]
-
-[Footnote 157: _Ibid._ p. 276.]
-
-[Footnote 158: Robertson, _Erromanga_, p. 399.]
-
-[Footnote 159: Ling Roth, _Aborigines of Tasmania_, p. 47. Bonwick,
-_Daily Life and Origin of the Tasmanians_, p. 10.]
-
-[Footnote 160: Brough Smyth, _op. cit._ ii. 284 (West Australian
-natives). Schuermann, 'Aboriginal Tribes of Port Lincoln,' in Woods,
-_Native Tribes of South Australia_, p. 225.]
-
-[Footnote 161: Lumholtz, _Among Cannibals_, p. 183.]
-
-[Footnote 162: Ridley, _Kámilarói_, p. 169. Eyre, _op. cit._ ii. 382
-Barrington, _History of New South Wales_, p. 23. Stirling, _op. cit._
-p. 36.]
-
-[Footnote 163: Ellis, _History of Madagascar_, i. 231 _sq._]
-
-[Footnote 164: Caillié, _op. cit._ i. 354.]
-
-[Footnote 165: Lichtenstein, _op. cit._ i. 266.]
-
-[Footnote 166: Tyler, _Forty Years among the Zulus_, p. 195.]
-
-Whilst the information which I have been able to gather on the social
-customs of uncivilised races seems to indicate that, in the majority
-of cases, mutual kindness and goodwill prevail within their
-communities, there are not wanting statements of a different
-character. But these statements are, after all, exceptional, and some
-of them are either ambiguous or obviously inexact. Only too often
-travellers represent to us the savage, not as he is in his daily life
-amidst his own people, but as he behaves towards his enemy, or towards
-a stranger who enters his country uninvited. As an experienced
-observer remarks, "the savage, passionate and furious with the feeling
-of revenge, slaughtering and devouring his enemy and drinking his
-blood, is no longer the same being as when cultivating his fields in
-peace; and it would be as unjust to estimate his general character by
-his actions in these moments of unrestrained passion, as to judge of
-Europeans by the excesses of an excited soldiery or an infuriated
-mob."[167] Moreover, many accounts of savages date from a period when
-they have already been affected by contact with a "higher culture," as
-we call it, a culture which almost universally has proved to exercise
-a deteriorating influence on the character of the lower races. Among
-the North American Indians, for instance, "there was more good-will,
-hospitality, and charity, practised towards one another" before white
-people came and resided among them;[168] whereas contact with
-civilisation has made them "false, suspicious, avaricious and
-hard-hearted."[169] As has been truly said, "search modern history,
-and in the North {549} and South and East and West the story is ever
-the same--we come, we civilise, and we corrupt or exterminate."[170]
-
-[Footnote 167: Dieffenbach, _Travels in New Zealand_, ii. 130 _sq._]
-
-[Footnote 168: Warren, in Schoolcraft, _Indian Tribes of the United
-States_, ii. 139.]
-
-[Footnote 169: Domenech, _Seven Years' Residence in the Great Deserts
-of North America_, ii. 69.]
-
-[Footnote 170: Boyle, _op. cit._ p. 108.]
-
-Among the semi-civilised and civilised nations charity has universally
-been regarded as a duty, and has often been strenuously enjoined by
-their religions. When Spain and Peru first came into contact, the
-Americans surpassed the Spaniards in brotherly love and systematic
-care for the needy. They had a poor-law according to which the blind,
-lame, aged, and infirm, who could not till their own lands so as to
-clothe and feed themselves, should receive sustenance from the public
-stores.[171] The ancient Mexicans, according to Clavigero, seemed to
-give without reluctance what had cost them the utmost labour to
-acquire.[172] "The great virtue of the Coreans is their innate respect
-for and daily practice of the laws of human brotherhood. Mutual
-assistance and generous hospitality among themselves are distinctive
-national traits."[173] According to Chinese law, "all poor destitute
-widowers and widows, the fatherless and childless, the helpless and
-the infirm, shall receive sufficient maintenance and protection from
-the magistrates of their native city or district, whenever they have
-neither relations nor connections upon whom they can depend for
-support."[174] "Benevolence," said Confucius, "is more to man than
-either water or fire."[175] To assist the needy, to feed the hungry,
-to clothe the naked, to succour the sick, to save men in danger--these
-and similar acts of kindness are, according to Chinese beliefs, merits
-which will be rewarded by the unseen powers that watch human conduct,
-whereas the uncharitable and parsimonious are threatened with divine
-punishments.[176] In a book of Buddhistic-Confucian flavour, {550} as
-familiar to the youth of Japan as the Sermon on the Mount is to us, it
-is said, "Above all things, men must practise charity; it is by
-almsgiving that wisdom is fed."[177] According to the Dhammapada, "the
-uncharitable do not go to the world of the gods; fools only do not
-praise liberality; a wise man rejoices in liberality, and through it
-becomes blessed in the other world."[178] Indeed, in the didactic
-poetry of Buddhism the virtue of beneficence occupies the most
-prominent place; without any regard to what is the measure of the real
-benefit thereby extended to the recipient of the gift, the legends set
-before us as a duty the most unbounded generosity, pushed even to the
-extreme of self-destruction.[179] And in its conception of charity and
-liberality, as in all other points of worldly morality, Buddhism does
-not differ from the standard recognised in India since ancient
-times.[180] Already in the Vedic hymns praise is bestowed on those who
-from their abundance willingly dispense to the needy, on those who do
-not turn away from the hungry, on those who are kind to the poor.[181]
-In the Hitopadesa it is said that the good man shows pity even to the
-worthless, as the moon does not withdraw its light even from a member
-of the lowest caste.[182] The sacred law-books of India are full of
-prescriptions enjoining almsgiving as a duty on all twice-born
-men.[183] "A householder must give as much food as he is able to spare
-to those who do not cook for themselves, and to all beings one must
-distribute food without detriment to one's own interest."[184] The
-student "should always without sloth give alms out of whatever he has
-for food."[185] The Brâhmana who has completed his studentship should
-without tiring "perform works of {551} charity with faith."[186]
-Almsgiving confers merit on the giver, it frees him from guilt, it
-destroys sin;[187] "for whatever purpose a man bestows any gift, for
-that purpose he receives in his next birth with due honour its
-reward."[188] On the other hand, he who cooks for himself alone eats
-nothing but sin.[189] Speaking of the modern Hindus, Mr. Wilkins
-observes:--"The charity of the Hindus is great. . . . There is no
-poor-law in India, no guardians of the poor, no workhouses, excepting
-for the Europeans in the Presidency towns. The poor of a family, the
-halt, the lame, the blind, the weak, the insane, are provided for by
-their family, if it is at all able to do it; in cases where there are
-few or no relatives, then the burden is taken up by others. It is a
-'work of merit.'"[190]
-
-[Footnote 171: Garcilasso de fa Vega, _First Part of the Royal
-Commentaries of the Yncas_, ii. 34.]
-
-[Footnote 172: Clavigero, _History of Mexico_, i. 81.]
-
-[Footnote 173: Griffis, _Corea_, p. 288.]
-
-[Footnote 174: _Ta Tsing Leu Lee_, sec. lxxxix. p. 93. On the
-charitable institutions of the Chinese, see Staunton, _ibid._ p. 93 n.
-*; Smith, _Chinese Characteristics_, p. 186 _sq._]
-
-[Footnote 175: Douglas, _Confucianism and Taouism_, p. 109.]
-
-[Footnote 176: 'Merits and Errors Scrutinized,' in _Indo-Chinese
-Gleaner_, iii. 159, 161 _sqq._ _Thâi Shang_, 3. 'Divine Panorama,' in
-Giles, _Strange Stories from a Chinese Studio_, ii. 370, 371, 374, 379.
-Douglas, _Confucianism and Taouism_, pp. 259, 272 _sq._ Davis,
-_China_, ii. 48. Edkins, _Religion in China_, p. 89 _sq._]
-
-[Footnote 177: Chamberlain, _Things Japanese_, p. 309.]
-
-[Footnote 178: _Dhammapada_, 177.]
-
-[Footnote 179: Oldenberg, _Buddha_, p. 301.]
-
-[Footnote 180: _Cf._ Kern, _Manual of Indian Buddhism_, p. 72.]
-
-[Footnote 181: _Rig-Veda_, x. 117. Kaegi, _Rigveda_, p. 18.]
-
-[Footnote 182: _Hitopadesa_, Mitralâbhâ, 63.]
-
-[Footnote 183: _Gautama_, v. 21; x. 1 _sq._ _Institutes of Vishnu_,
-lix. 28. _Baudhâyana_, ii. 7. 13. 5. _Laws of Manu_, ix. 333; x. 75,
-79; xi. 1 _sqq._]
-
-[Footnote 184: _Laws of Manu_, iv. 32.]
-
-[Footnote 185: _Anugîtâ_, 31.]
-
-[Footnote 186: _Laws of Manu_, iv. 226. _Cf._ _ibid._ iv. 227.]
-
-[Footnote 187: _Institutes of Vishnu_, lix. 15, 30; ch. xc. _sqq._
-_Gautama_, xix. 11, 16. _Vasishtha_, xx. 47; xxii. 8. _Laws of Manu_,
-iii. 95; iv. 229 _sqq._; xi. 228.]
-
-[Footnote 188: _Laws of Manu_, iv. 234.]
-
-[Footnote 189: _Institutes of Vishnu_, lxvii. 43. _Laws of Manu_, iii.
-118. _Cf._ _Rig-Veda_, x. 117. 6.]
-
-[Footnote 190: Wilkins, _Modern Hinduism_, p. 416 _sq._]
-
-Of the ancient Persians Thucydides said that they preferred giving to
-receiving.[191] To be charitable towards the poor of their own faith
-was among them a religious duty of the first order.[192] Zoroaster
-thus addressed Vîshtâspa:--"Let no thought of Angra Mainyu ever infect
-thee, so that thou shouldst indulge in evil lusts, make derision and
-idolatry, and shut to the poor the door of thy house."[193] The holy
-Sraosha is the protector of the poor.[194] In the Shâyast it is said
-that the clothing of the soul in the next world is formed out of
-almsgiving.[195]
-
-[Footnote 191: Thucydides, ii. 97. 4.]
-
-[Footnote 192: See Geiger, _Civilization of the Eastern Ir[=a]nians_,
-i. 164 _sqq._; Mills, in _Sacred Books of the East_, xxxi. p. xxii.]
-
-[Footnote 193: _Yasts_, xxiv. 37.]
-
-[Footnote 194: _Ibid._ xi. 3.]
-
-[Footnote 195: _Shâyast Lâ-Shâyast_, xii. 4. _Cf._ _Bundahis_, xxx. 28.]
-
-It seems that among the ancient Egyptians charity was considered no
-less meritorious.[196] "The god," M. Maspero observes, "does not
-confine his favour to the prosperous and the powerful of this world;
-he bestows it also upon {552} the poor. His will is that they be fed
-and clothed, and exempted from tasks beyond their strength; that they
-be not oppressed, and that unnecessary tears be spared them."[197] In
-the memorial inscriptions, where the dead plead their good deeds,
-charity is often referred to. "I harmed not a child," says one
-Egyptian, "I injured not a widow; there was neither beggar nor needy
-in my time; none were hungered, widows were cared for as though their
-husbands were still alive."[198] In the inscription in honour of a
-lady who had been charitable to persons of her own sex, whether girls,
-wives, or widows, it is said, "The god rewarded me for this, rejoicing
-me with the happiness which he has granted me for walking after his
-way."[199]
-
-[Footnote 196: Brugsch, _History of Egypt under the Pharaohs_, i. 29
-_sq._ Tiele, _History of the Egyptian Religion_, p. 226 _sq._ Renouf,
-_Hibbert Lectures on the Religion of Egypt_, p. 72 _sqq._ Amélineau,
-_L'évolution des idées morales dans l'Égypt Ancienne_, pp. 145, 354.]
-
-[Footnote 197: Maspero, _Dawn of Civilization_, p. 191. _Cf._
-Schiapparelli, _Del sentimento religioso degli antichi egiziani_, p.
-18; Amélineau, _op. cit._ p. 268.]
-
-[Footnote 198: Wiedemann, _Religion of the Ancient Egyptians_, p. 253.]
-
-[Footnote 199: Renouf, _op. cit._ p. 75.]
-
-Charity was urgently insisted upon by the religious law of the
-Hebrews.[200] "Thou shalt open thine hand wide unto thy brother, to
-thy poor, and to thy needy, in thy land"; "for this thing the Lord thy
-God shall bless thee in all thy works, and in all that thou puttest
-thine hand unto."[201] Even "if thine enemy be hungry, give him bread
-to eat; and if he be thirsty, give him water to drink: . . . the Lord
-shall reward thee."[202] Especially in the Old Testament Apocrypha and
-in Rabbinical literature almsgiving assumed an excessive
-prominence--so much so that the word which in the older writings means
-"righteousness" in general, came to be used for almsgiving in
-particular.[203] "Shut up alms in thy storehouses: and it shall
-deliver thee from all affliction."[204] "As water will quench a
-flaming fire, so alms maketh an atonement for sins."[205] "For alms
-doth deliver from death, and shall purge away all sin. Those that
-exercise alms and {553} righteousness shall be filled with life."[206]
-The charitable man is rewarded with the birth of male issue.[207]
-Almsgiving is equal in value to all other commandments.[208] He who
-averts his eyes from charity commits a sin equal to idolatry.[209] To
-such an extreme was almsgiving carried on by the Jews, that some
-Rabbis at length decreed that no man should give above a fifth part of
-his goods in charity.[210]
-
-[Footnote 200: _Deuteronomy_, xiv. 29; xv. 7 _sqq._; xvi. 11, 14.
-_Leviticus_, xix. 9 _sq._; xxv. 35.]
-
-[Footnote 201: _Deuteronomy_, xv. 11, 10.]
-
-[Footnote 202: _Proverbs_, xxv. 21 _sq._]
-
-[Footnote 203: Addis, 'Alms,' in _Encyclopædia Biblica_, i. 118. _Cf._
-Montefiore, _Hibbert Lectures on the Religion of the Ancient Hebrews_,
-p. 484 _sq._]
-
-[Footnote 204: _Ecclesiasticus_, xxix. 12.]
-
-[Footnote 205: _Ibid._ iii. 30.]
-
-[Footnote 206: _Tobit_, xii. 9. _Cf._ _ibid._ i. 3, 16; ii. 14; iv. 7
-_sqq._; xii. 8.]
-
-[Footnote 207: _Bava Bathra_, fol. 10 B, quoted by Hershon, _Treasures
-of the Talmud_, p. 24.]
-
-[Footnote 208: Rab Assi, quoted by Kohler, 'Alms,' in _Jewish
-Encyclopedia_, i. 435.]
-
-[Footnote 209: _Kethuboth_, fol. 68 A, quoted by Katz, _Der wahre
-Talmudjude_, p. 36.]
-
-[Footnote 210: Katz, _op. cit._ p. 42.]
-
-Almsgiving, prayer, and fasting were the three cardinal disciplines
-which the synagogue transmitted to both the Christian Church and the
-Muhammedan mosque.[211] According to Islam, the duty next in
-importance to prayer is that of giving alms.[212] Muhammed repeatedly
-announces that the path which leads to God is the helping of the
-orphans and the relieving of the poor.[213] "Ye cannot attain to
-righteousness until ye expend in alms of what ye love."[214] "Those
-who expend their wealth by night and day, secretly and openly, they
-shall have their hire with their lord."[215] It is said that "prayer
-carries us half-way to God, fasting brings us to the door of His
-palace, and alms procure us admission."[216] Certain alms, called
-Zakât, are prescribed by law; it is an indispensable duty for every
-Muhammedan of full age to bestow in charity about one-fortieth of all
-such property as has been a year in his possession, provided that he
-has sufficient for his subsistence and has an income equivalent to
-about £5 per annum.[217] Other charitable gifts are voluntary, and
-confer merit upon the giver.
-
-[Footnote 211: _Cf._ _Tobit_, xii. 8; Kohler, in _Jewish
-Encyclopedia_, i. 435.]
-
-[Footnote 212: See Sale's 'Preliminary Discourse,' in Wherry,
-_Commentary on the Qurán_, i. 172; Lane, _Manners and Customs of the
-Modern Egyptians_, p. 105.]
-
-[Footnote 213: _Koran_, ii. 267, 269, 275; viii. 42; ix. 60; xc. 12,
-14 _sq._; xciii. 6 _sqq._; &c.]
-
-[Footnote 214: _Ibid._ iii. 86.]
-
-[Footnote 215: _Ibid._ ii. 275]
-
-[Footnote 216: Sell, _Faith of Islám_, p. 284.]
-
-[Footnote 217: _Ibid._ p. 283. Palmer, 'Introduction' to his
-translation of _The Qur'án_, i. p. lxxiii. Ameer Ali, _Life and
-Teaching of Mohammed_, p. 268.]
-
-By Christianity charity of the religious type which we {554} find in
-the East was introduced into Europe. We have certainly no reason to
-blame the ancient Greeks and Romans for neglecting their poor. Among
-them slavery in a great measure replaced pauperism; and what slavery
-did for the very poor, the Roman system of clientage did for those of
-a somewhat higher rank.[218] Moreover, the relief of the indigent was
-an important function of the State.[219] The Areopagus provided public
-works for the poor.[220] At Rome gratuitous distribution of corn was
-the rule for many centuries;[221] agrarian laws furnished free
-homesteads to the landless, on conquered or public territory;[222]
-since the days of Nerva a systematic support of poor children was
-enjoined in all the cities of Italy.[223] A few examples of private
-charity, also, have descended to us already from early times, such as
-Epaminondas collecting dowers for poor girls,[224] and Cimon feeding
-and clothing the poor;[225] and from the days of the Pagan Empire
-there are recorded several cases of individual beneficence. Charitable
-bequests are alluded to in the burial inscriptions; when some great
-catastrophe happened, relief was willingly given to the sufferers;
-private infirmaries were established for slaves.[226] The duty of
-charity was forcibly enjoined by some of the moralists. The wise man,
-says Seneca, "will dry the tears of others, but will not mingle his
-own with them; he will stretch out his hand to the shipwrecked
-mariner, will offer hospitality to the exile, and alms to the
-needy."[227] But his alms are not thrown away by chance; his purse
-will open easily, but never leak. He will choose out the worthiest
-with the utmost care, and never give without sufficient reason; for
-unwise gifts must be reckoned among foolish extravagances.[228] So
-also Cicero, {555} whilst styling beneficence and liberality "virtues
-that are the most agreeable to the nature of man," is anxious to warn
-his readers against imprudence in practising them, "lest our kindness
-should hurt both those whom it is meant to assist, and others."[229]
-
-[Footnote 218: See Lecky, _History of European Morals_, ii. 73.]
-
-[Footnote 219: Boissier, _Religion Romaine_, ii. 206.]
-
-[Footnote 220: Farrer, _Paganism and Christianity_, p. 183.]
-
-[Footnote 221: Naudet, 'Des secours publics chez les Romains,' in
-_Mémoires de l'Académie des inscriptions et belles-lettres_,
-xiii. 43 _sq._]
-
-[Footnote 222: _Ibid._ p. 71 _sq._]
-
-[Footnote 223: Aurelius Victor, _Epitome_, xii. 8.]
-
-[Footnote 224: Cornelius Nepos, _Epaminondas_, 3.]
-
-[Footnote 225: Plutarch, _Cimon_, 10.]
-
-[Footnote 226: Lecky, _History of European Morals_, ii. 77 _sq._
-Boissier, _op. cit._ ii. 213 _sq._ Farrer, _Paganism and
-Christianity_, p. 182.]
-
-[Footnote 227: Seneca, _De clementia_, ii. 6.]
-
-[Footnote 228: _Idem_, _De vita beata_, 23 _sq._]
-
-[Footnote 229: Cicero, _De officiis_, i. 14 _sq._]
-
-In a very different light was charity viewed by the Christians.
-Unlimited open-handedness became a cardinal virtue. An ideal Christian
-was he who did what Jesus commanded the young man to do: who went and
-sold what he had and gave it to the poor.[230] Promiscuous almsgiving
-was enjoined as a duty:--"Give to him that asketh thee, and from him
-that would borrow of thee turn not thou away."[231] The discharge of
-this duty was even more profitable to the giver than to the receiver.
-There is perhaps no precept in the Gospel to which a promise of
-recompense is so frequently annexed as to that concerning charity.
-Eternal life is promised to those who feed the hungry, give drink to
-the thirsty, take in the stranger, clothe the naked, visit the
-sick.[232] Charity was regarded as an atonement. "God," says St.
-Augustine, "is to be propitiated through alms for sins past";[233] and
-countless times is the thought expressed, that almsgiving is a safe
-investment of money at good interest with God in heaven.[234] Cyprian,
-who is the father of the Romish doctrine of good works, establishes an
-arithmetical relation between the number of alms-offerings and the
-blotting out of sins.[235] "The food of the needy," says Leo the
-Great, "is the purchase-money of the kingdom of heaven."[236] "As long
-as the market lasts," says St. Chrysostom, "let us buy alms, or rather
-let us purchase salvation through alms."[237] The rich man is only a
-debtor; all that he possesses beyond {556} what is necessary, belongs
-to the poor, and ought to be given away.[238] The poor, no longer
-looked down upon, became instruments of salvation. To them was given
-the first place in the Church and in the Christian community. St.
-Chrysostom says of them, "As fountains flow near the place of prayer
-that the hands that are about to be raised to heaven may be washed, so
-were the poor placed by our fathers near to the door of the Church,
-that our hands might be consecrated by benevolence before they are
-raised to God."[239] Gregory the Great announces, and the Middle Ages
-re-echo, "The poor are not to be lightly esteemed and despised, but to
-be honoured as patrons."[240] Thus it happened that even in the
-darkest periods, when all other Christian virtues were nearly extinct,
-charity survived unimpaired.[241] Later on Protestantism, by denying
-the atoning effect of good deeds, deprived charity of a great deal of
-its religious attraction. And in modern times the enlightened opinion
-on the subject, recognising the demoralising influence of
-indiscriminate almsgiving, rather agrees with the principles laid down
-by Cicero and Seneca, than with the literal interpretation of the
-injunctions of Christ.
-
-[Footnote 230: _Cf._ _Acts_, ii. 45.]
-
-[Footnote 231: _St. Matthew_, v. 42. _Cf._ _St. Luke_, vi. 30.]
-
-[Footnote 232: _St. Matthew_, xxv. 34 _sqq._]
-
-[Footnote 233: St. Augustine, _Enchiridion_, 70 (Migne, _Patrologiæ
-cursus_, xl. 265).]
-
-[Footnote 234: See Uhlhorn, _Die christliche Liebesthätigkeit_, i. 270.]
-
-[Footnote 235: Cyprian, _De opere et eleemosynis_, 24 (Migne, _op.
-cit._ iv. 620). _Cf._ Harnack, _History of Dogma_, ii. 134, n. 2.]
-
-[Footnote 236: Leo Magnus, _Sermo X., de Collectis_, 5 (Migne, _op.
-cit._ liv. 165 _sq._).]
-
-[Footnote 237: St. Chrysostom, _Homilia VII., de P[oe]nitentia_
-(Migne, _op. cit._ Ser. Graeca, xlix. _sq._ 333).]
-
-[Footnote 238: Uhlhorn, _op. cit._ p. 294 _sq._]
-
-[Footnote 239: St. Chrysostom, _De verbis Apostoli, Habentes eumdem
-spiritum_, iii. 11 (Migne, _op. cit._ Ser. Graeca, li. _sq._ 300).]
-
-[Footnote 240: Quoted by Uhlhorn, _op. cit._ i. 315.]
-
-[Footnote 241: _Cf._ Milman, _History of Latin Christianity_,
-ix. 33 _sq._]
-
-In the course of progressing civilisation the obligation of assisting
-the needy has been extended to wider and wider circles of men. The
-charity and generosity which savages require as a duty or praise as a
-virtue have, broadly speaking, reference only to members of the same
-community or tribe. Kindness towards foreigners is looked upon in a
-very different light. "The virtues of the Negroes," Monrad observes,
-"are entirely restricted to their own tribe. The doing good to a
-stranger they would generally find ridiculous."[242] To the
-Greenlander a foreigner, especially if he be of another race, is "an
-indifferent object, whose welfare he has no interest in
-furthering."[243] {557} The Bedouin, says Doughty, "has two faces,
-this of gentle kindness at home, the other of wild misanthropy and his
-teeth set against the world besides."[244] At higher stages of
-civilisation the duty of charity embraces a wider group of people, in
-proportion to the largeness of the social unit or to the scope of the
-religion by which it is enjoined. But it is still more or less
-restrained by national or religious boundaries. M. Amélineau observes
-that the charity referred to on ancient Egyptian papyri is "la charité
-limitée à ceux de la même nation."[245] According to Zoroastrianism,
-charity should be restricted to the followers of the true religion; to
-succour an unbeliever would be like a strengthening of the dominion of
-Evil.[246] The Zakât, or legal alms of the Muhammedans, must not be
-given to a non-Muslim, because it is regarded as a fundamental part of
-worship;[247] similarly the [S.]adaqah, or offering on the feast-day
-known as [(]Idu'l-Fi[t.]r, is confined to true believers.[248] Nor has
-Christian charity always been free from religious narrowness. Fleury
-says that the early Christians, in the care they took of the poor,
-always preferred Christians before infidels, because "their principal
-regard was to their spiritual concerns, and to their temporal welfare
-only in order to their spiritual."[249] The principle of the Church
-was, "Omnem hominem _fidelem_ judica tuum esse fratrem."[250] In the
-seventeenth century the Scotch clergy taught that food or shelter must
-on no occasion be given to a starving man unless his opinions were
-orthodox.[251] On the other hand, Christianity of a higher type
-preaches charity towards all men; and so does advanced Judaism and
-Buddhism. It is said in the Talmud, with reference to the treatment of
-the poor, that no distinction should be made between such as are Jews
-and such as are not.[252] In modern times charity now and then {558}
-steps over the barriers of nationality even when the sufferers belong
-to distant nations. Whilst our indigent compatriots are generally
-recognised to have a greater claim on our pity than needy strangers, a
-great calamity in one country readily calls forth a charitable
-response in other nations. Mr. Pike believes that the contribution of
-one hundred thousand pounds sterling which England, in the year 1755,
-when Lisbon was laid in ruins by an earthquake, sent for the relief of
-the sufferers, inaugurated this new era of international
-charitableness. "Compassion." he observes, "was at last shown by
-Englishmen, not simply for Englishmen and Protestants, but for
-foreigners professing a different religion; pity, for once, triumphed
-over intolerance and national prejudice."[253] And in war, in the case
-of enemies rendered harmless by wounds or disease, the growth of human
-feeling has passed beyond the simple requirement that they shall not
-be killed or ill-used, and has cast upon belligerents the duty of
-tending them so far as is consistent with the primary duty to their
-own wounded.[254] However, it must not be imagined that this humane
-principle, which has only lately been recognised in Europe, is a
-unique outcome of Christian civilisation at its height. It is said in
-the Mahabharata that, when a quarrel arises among good men, a wounded
-enemy is to be cured in the conqueror's own country, or to be conveyed
-to his home.[255] Strangely enough, even from the savage world we hear
-of something like an anticipation of the Geneva Convention. Among
-certain tribes in New South Wales, as soon as the fight is concluded,
-"both parties seem perfectly reconciled, and jointly assist in tending
-the wounded men."[256]
-
-[Footnote 242: Monrad, _op. cit._ p. 4.]
-
-[Footnote 243: Nansen, _Eskimo Life_, p. 159.]
-
-[Footnote 244: Doughty, _Arabia Deserta_, i. 368 _sq._]
-
-[Footnote 245: Amélineau, _op. cit._ p. 354.]
-
-[Footnote 246: Geiger, _op. cit._ i. 165.]
-
-[Footnote 247: Sell, _op. cit._ p. 284. _Cf._ _Koran_, ix. 60.]
-
-[Footnote 248: Sell, _op. cit._ p. 318.]
-
-[Footnote 249: Fleury, _Manners and Behaviour of the Christians_,
-p. 133 _sq._]
-
-[Footnote 250: Laurent, _Études sur l'histoire del'Humanité_, iv. 94.]
-
-[Footnote 251: Buckle, _History of Civilization in England_, iii. 277.]
-
-[Footnote 252: _Gitin_, fol. 61 A, quoted by Katz, _Der wahre
-Talmudjude_, p. 38. _Cf._ Chaikin, _Apologie des Juifs_, p. 10.]
-
-[Footnote 253: Pike, _History of Crime in England_, ii. 346.]
-
-[Footnote 254: 'Convention signed at Geneva, August 22, 1864, for the
-Amelioration of the Condition of the Wounded in Armies in the Field,'
-in Lorimer, _Institutes of the Law of Nations_, ii. Appendix no. vi.
-Hall, _Treatise on International **Law_, p. 399. Heffter, _Das
-Europäische Völkerrecht der Gegenwart_, § 126, p. 267, n. 5.]
-
-[Footnote 255: _Mahabharata_, xii. 3547, quoted by Lorimer, _op. cit._
-ii. 431.]
-
-[Footnote 256: Brough Smyth, _op. cit._ i. 160.]
-
-{559} The gradual expansion of the duty of charity is due to the fact
-that this duty, in the first place, is based on the altruistic
-sentiment, and consequently follows the same general law of
-development. Many cases referred to above imply that savages are by no
-means strangers to affection, and that in their communities there is
-not only mutual assistance, but general kindness of heart. Numerous
-instances to the same effect might easily be added. When a Fuegian is
-very ill the near relatives show much grief;[257] and Darwin tells us
-that the Fuegian boy who was taken on board the _Beagle_ and brought
-to Europe, used to go to the sea-sick and say, in a plaintive voice,
-"Poor, poor fellow!"[258] The Veddahs are praised not only for their
-charitable behaviour towards each other, but for their natural
-tenderness of heart.[259] The aborigines of Victoria are said to "have
-the greatest love for their friends and relatives," and to testify the
-liveliest joy when a companion after a long absence returns to the
-camp.[260] Forster mentions an instance of affection among the natives
-of Tana, which, as he says, "strongly proves that the passions and
-innate quality of human nature are much the same in every
-climate."[261] Melville declares that, after passing a few weeks in
-the Typee valley of the Marquesas, he formed a higher estimate of
-human nature than he ever before entertained.[262] It can hardly be
-doubted that in every human society there is, normally, some degree of
-social affection between its members;[263] and it seems that the
-evolution of this sentiment in mankind has been much more in the
-direction of greater extensiveness than of greater intensity.
-
-[Footnote 257: Bridges, in _A Voice for South America_, xiii. 206.]
-
-[Footnote 258: Darwin, _Journal of Researches_, p. 207.]
-
-[Footnote 259: Sarasin, _op. cit._ iii. 545, 550.]
-
-[Footnote 260: Brough Smyth, _op. cit._ i. 138.]
-
-[Footnote 261: Forster, _Voyage round the World_, ii. 325.]
-
-[Footnote 262: Melville, _Typee_, p. 297.]
-
-[Footnote 263: See _infra_, on the Origin and Development of the
-Altruistic Sentiment.]
-
-Where the members of a group have affection for each other, mutual aid
-will be regarded as a duty both because it will be practised
-habitually, and because a {560} failure to afford it will call forth
-sympathetic resentment on behalf of the sufferer, But we need, here
-again, to look below the surface. Men may be induced to do good to
-their fellow-creatures not only by kindly feelings towards them, but
-by egoistic motives; and such motives, through having a share in
-making beneficence a tribal habit, at the same time influence the
-moral estimation in which it is held. The Basutos say that "the knife
-that is lent does not return alone to its master"--a kindness is never
-thrown away.[264] Of the Asiniboin, a Siouan tribe, Mr. Dorsey states
-that "nothing is given except with a view to a gift in return."[265]
-When the Andaman Islanders make presents of the best that they
-possess, they tacitly understand that an equivalent should be rendered
-for every gift.[266] Among the Makololo "the rich show kindness to the
-poor, in expectation of services."[267] In his description of the
-Greenlanders, Dr. Nansen observes that all the small communities
-depend for their existence on the law of mutual assistance, on the
-principle of common suffering and common enjoyment. "A hard life has
-taught the Eskimo that even if he is a skilful hunter and can, as a
-rule, manage to hold his own well enough, there may come times when,
-without the help of his fellows, he would have to succumb. It is
-better, therefore, for him to help in his turn."[268] That similar
-considerations largely lie at the bottom of the custom of mutual aid
-and charity both in uncivilised and more advanced communities, we may
-assume from the experience of human nature which we have acquired at
-home. And such motives must be particularly active in a society the
-members of which are so dependent on each other's services and
-return-services, as is generally the case with a horde of savages.
-
-[Footnote 264: Casalis, _op. cit._ p. 310.]
-
-[Footnote 265: Dorsey, 'Siouan Sociology,' in _Ann. Rep. Bur. Ethn._
-xv. 225 _sq._]
-
-[Footnote 266: Man, in _Jour. Anthr. Inst._ xii. 95.]
-
-[Footnote 267: Livingstone, _Missionary Travels_, p. 511.]
-
-[Footnote 268: Nansen, _First Crossing of Greenland_, ii. 304 _sq._
-_Cf._ Cranz, _History of Greenland_, i. 173; Parry, _op. cit._ p. 525.]
-
-Moreover, by niggardliness a person may expose himself {561} to
-supernatural dangers, whereas liberality may entail supernatural
-reward. In Morocco nobody would like to eat in the presence of other
-people without sharing his meal with them; otherwise they might poison
-his food by looking at it with an evil eye. So also, if anybody shows
-a great liking for a thing belonging to you, wanting, for instance, to
-buy your gun or your horse, it is best to let him have it, since
-otherwise an accident is likely to happen to the object of his
-desire.[269] But baneful energy, what the Moors call _l-bas_, is
-transferable not only by the eye, but by the voice. The poor and the
-needy have thus in their hands a powerful weapon and means of
-retaliation, the curse. The ancient Greeks believed that the beggar
-had his Erinys,[270] his avenging demon, which was obviously only a
-personification of his curse.[271] It is said in the Proverbs, "He
-that giveth unto the poor shall not lack: but he that hideth his eyes
-shall have many a curse."[272] The same idea is expressed in
-Ecclesiasticus:--"Turn not away thine eye from the needy, and give him
-none occasion to curse thee: for if he curse thee in the bitterness of
-his soul, his prayer shall be heard of him that made him. . . . A
-prayer out of a poor man's mouth reacheth to the ears of God, and his
-judgment cometh speedily."[273] According to the Zoroastrian Yasts,
-the poor man who follows the good law, when wronged and deprived of
-his rights, invokes Mithra for help, with hands uplifted.[274] Mr.
-Chapman states that, "though the Damaras are, generally speaking,
-great gluttons, they would not think of eating in the presence of any
-of their tribe without sharing their meal with all comers, for fear of
-being visited by a curse from their 'Omu-kuru' [or deity], and
-becoming impoverished."[275] There is all reason {562} to suppose that
-in this case the curse of the deity was originally the curse, or evil
-wish, of an angry man.
-
-[Footnote 269: Similar beliefs prevail in modern Egypt (Klunzinger,
-_Upper Egypt_, p. 391).]
-
-[Footnote 270: _Odyssey_, xvii. 475.]
-
-[Footnote 271: _Supra_, p. 60.]
-
-[Footnote 272: _Proverbs_, xxviii. 27.]
-
-[Footnote 273: _Ecclesiasticus_, iv. 5 _sq._; xxi. 5. _Cf._
-_Deuteronomy_, xv. 9. Rabbi Johanan says that almsgiving "saves man
-from sudden, unnatural death" (Kohler, in _Jewish Encyclopedia_, i.
-435). _Cf._ _Proverbs_, x. 2.]
-
-[Footnote 274: _Yasts_, x. 84.]
-
-[Footnote 275: Chapman, _Travels in the Interior of South Africa_,
-i. 341.]
-
-A poor man is able not only to punish the uncharitable by means of his
-curses, but to reward the generous giver by means of his blessings.
-During my residence among the Andjra tribe in the mountains of
-Northern Morocco, our village was visited by a band of ambulant
-scribes who went from house to house, receiving presents and invoking
-blessings in return. When a goat was given them they asked God to
-increase the flocks of the giver, when money was given they asked God
-to increase his money, and so forth. Some of the villagers told me
-that it was a profitable bargain, since they would be tenfold repaid
-for their gifts through the blessings of the scribes. A town Moor who
-starts for a journey to the country generally likes to give a coin to
-one of the beggars who are sitting near the gate, so as to receive his
-blessings. It is said in Ecclesiasticus:--"Stretch thine hand unto the
-poor, that thy blessing may be perfected. A gift hath grace in the
-sight of every man living."[276] Whilst he that withholdeth corn shall
-be cursed by the people, "blessing shall be upon the head of him that
-selleth it."[277] Among the early Christians those who brought gifts
-for the poor were specially remembered in the prayers of the
-Church.[278] Of the Nay[=a]dis of Malabar Mr. Iyer says that the
-purport and object of their prayers are, among other things, "that all
-the superior castes, who give them alms, may enjoy long life and
-prosperity."[279] In various cases the nature of the rewards promised
-for charitable acts suggests that they are due to the blessings of the
-recipient. According to Vasishtha, "through liberality man obtains all
-his desires, even longevity."[280] In the Yasts it is said that the
-children of a charitable man will thrive.[281] According to Talmudic
-ideas, men acquire wealth for their children by {563} distributing
-alms among the poor.[282] Considering how widely spread is the belief
-in the efficacy of curses and blessings, there can be little doubt
-that charity and generosity are connected with this belief in many
-cases where no such connection has been noticed by the European
-visitor.
-
-[Footnote 276: _Ecclesiasticus_, vii. 32. _Cf._ _Proverbs_, xxii. 9.]
-
-[Footnote 277: _Proverbs_, xi. 26.]
-
-[Footnote 278: Uhlhorn, _op. cit._ i. 141.]
-
-[Footnote 279: Iyer, in the Madras Government Museum's _Bulletin_,
-iv. 72.]
-
-[Footnote 280: _Vasishtha_, xxix. 1 _sq._]
-
-[Footnote 281: _Yasts_, xxiv. 36.]
-
-[Footnote 282: Kohler, in _Jewish Encyclopedia_, i. 436. _Cf._
-_Proverbs_, xxviii. 27.]
-
-The curses and blessings of the poor partly account for the fact that
-charity has come to be regarded as a religious duty. Originally, it is
-true, they had not the character of an appeal to a god, but were
-believed to possess a purely magical power, independent of any
-superhuman will. This belief is rooted in the close association
-between the wish, more particularly the spoken wish, and the idea of
-its fulfilment. The wish is looked upon in the light of energy which
-may be transferred--by material contact, or by the eye, or by means of
-speech--to the person concerned, and then becomes a fact. This
-process, however, is not taken quite as a matter of course; there is
-always some mystery about it. Hence the words of a holy man, a
-magician or priest, are considered more efficacious than those of
-ordinary mortals. The Australian natives believe that the curse of a
-potent magician will kill at the distance of a hundred miles. Among
-the Maoris "the anathema of a priest is regarded as a thunderbolt that
-an enemy cannot escape."[283] Among the Gallas no man will under any
-circumstances slay either a priest or a wizard, from a dread of his
-dying curse.[284] Some of the Rabbis maintained that a curse uttered
-by a scholar is unfailing in its effect, even if undeserved.[285] In
-Muhammedan countries the curses of saints or shereefs are particularly
-feared. According to the Laws of Manu, a Brâhmana "may punish his foes
-by his own power alone," speech being his weapon.[286] But though a
-curse may derive particular potency from the person who utters it,
-{564} it is by no means ineffective even in the mouth of an ordinary
-man.[287] In the Old Testament children are forbidden to curse their
-parents,[288] subjects their rulers,[289] men their god;[290] and
-according to Talmudic conceptions, a curse should not be regarded
-lightly however ignorant be the person who utters it.[291] All that is
-required is that the words should possess that supernatural quality
-which alone can bring about the result desired, and this quality may
-be inherent in the curse quite independently of the person who utters
-it. It is inherent in certain mystic formulas or spells and in the
-invocations of some spirit or god. The will of the invoked being is
-not considered at all; his name is simply brought in to give the curse
-that mystic efficacy which the plain word lacks. Thus both in the Old
-Testament[292] and in the Talmud[293] there are traces of the ancient
-idea that the name of the Lord might be used with advantage in any
-curse however undeserved. But with the deepening of the religious
-sentiment this idea had to be given up. A righteous and mighty god
-cannot agree to be a mere tool in the hand of a wicked curser. Hence
-the curse comes to be looked upon in the light of a prayer, which is
-not fulfilled if undeserved; as it is said in the Proverbs, "the curse
-causeless shall not come."[294] And the same is the case with the
-blessing. Whilst in ancient days Jacob could take away his brother's
-blessing by deceit,[295] the efficacy of a blessing was later on
-limited by moral considerations.[296] The Psalmist declares that only
-the offspring of the righteous can be blessed;[297] and according to
-the Apostolic Constitutions, "although a widow who eateth and is
-filled from the wicked, pray for them, she shall not be heard."[298]
-{565} On the other hand, curses and blessings, when well deserved,
-continued to draw down calamity or prosperity upon their objects, by
-inducing God to put them into effect; this idea prevails both in
-post-exilic Judaism and in Muhammedanism,[299] and underlies the
-Christian oath and benediction. The final, but not the original view
-was that, as an uncharitable man deserves to be punished and a
-charitable man merits reward, the curses and blessings of the poor
-will naturally be heard by a righteous God. "The Lord will plead their
-cause."[300]
-
-[Footnote 283: Polack, _Manners and Customs of the New Zealanders_,
-i. 248 _sq._]
-
-[Footnote 284: Harris, _Highlands of Æthiopia_, iii. 50.]
-
-[Footnote 285: _Makkoth_, fol. 11 A. _Berakhoth_, fol. 56 A.]
-
-[Footnote 286: _Laws of Manu_, xi. 32 _sq._]
-
-[Footnote 287: Taylor, _Te Ika a Maui_, p. 204 (Maoris). Wellhausen,
-_Reste arabischen Heidentums_, p. 139.]
-
-[Footnote 288: _Exodus_, xxi. 17. _Leviticus_, xx. 9. _Proverbs_,
-xx. 20; xxx. 11.]
-
-[Footnote 289: _Exodus_, xxii. 28. _Ecclesiastes_, x. 20.]
-
-[Footnote 290: _Exodus_, xxii. 28.]
-
-[Footnote 291: _Meghilla_, fol. 15 A.]
-
-[Footnote 292: _Supra_, p. 564.]
-
-[Footnote 293: _Makkoth_, fol. 11 A. _Berakhoth_, foll. 19 A, 56 A.]
-
-[Footnote 294: _Proverbs_, xxvi. 2.]
-
-[Footnote 295: _Genesis_, xxvii. 23 _sqq._]
-
-[Footnote 296: _Cf._ Cheyne, 'Blessings and Curses,' in _Encyclopædia
-Biblica_, i. 592.]
-
-[Footnote 297: _Psalms_, xxxvii. 26.]
-
-[Footnote 298: _Constitutiones Apostolicæ_, iv. 6. _Cf._ _Jeremiah_,
-vii. 16.]
-
-[Footnote 299: _Cf._ Cheyne, in _Encyclopædia Biblica_, i. 592;
-Goldziher, _Abhandlungen zur arabischen Philologie_, i. 29 _sqq._]
-
-[Footnote 300: _Proverbs_, xxii. 23.]
-
-The chief cause, however, of the extraordinary stress which the higher
-religions put on the duty of charity seems to lie in the connection
-between almsgiving and sacrifice. When food is offered as a tribute to
-a god, the god is supposed to enjoy its spiritual part only, whilst
-the substance of it is left behind and is eaten by the poor. And when
-the offering is continued in ceremonial survival in spite of the
-growing conviction that, after all, the deity does not need and cannot
-profit by it,[301] the poor become the natural heirs of the god, and
-the almsgiver inherits the merit of the sacrificer. The chief virtue
-of the act, then, lies in the self-abnegation of the donor, and its
-efficacy is measured by the "sacrifice" which it costs him.
-
-[Footnote 301: For such a survival, see Tylor, _Primitive Culture_,
-ii. 396 _sqq._]
-
-Many instances may be quoted of sacrificial food being left for the
-poor or being distributed among them. At Scillus, where Xenophon had
-built an altar and a temple to Artemis and a sacrifice was afterwards
-made every year, the goddess supplied the poor people living there in
-tents with "barley-meal, bread, wine, sweetmeats, and a share of the
-victims offered from the sacred pastures, and of those caught in
-hunting."[302] According to Yasna, sacrifices to Mazda were given to
-his poor.[303] In ancient Arabia the poor were allowed to partake of
-the meal-offering {566} which was laid before the god Uqaiçir.[304]
-In Zinder, in the Soudan, there are some trees, regarded as divine, to
-which annual offerings of bullocks, sheep, and so forth, are made,
-"though the poor of the country get the benefit of them."[305] In
-Morocco even animals which are killed as _[(]âr_--a sacrifice
-embodying a conditional curse--on departed saints or living people,
-with a view to compelling them to grant a request, are commonly eaten
-by the poor, though nobody else would dare to partake of
-them.
-
-[Footnote 302: Xenophon, _Anabasis_, v. 3. 9.]
-
-[Footnote 303: _Yasna_, xxxiv. 5.]
-
-[Footnote 304: Wellhausen, _Reste arabischen Heidentums_, p. 64.
-Robertson Smith, _Religion of the Semites_, p. 223.]
-
-[Footnote 305: Richardson, _Mission to Central Africa_, ii. 259.]
-
-In other cases we find that almsgiving is itself regarded as a form of
-sacrifice, or takes the place of it. In the sacred books of India the
-two things are repeatedly mentioned side by side. "The householder
-offers sacrifices, the householder practises austerities, the
-householder distributes gifts."[306] Of a Brâhmana who has completed
-his studentship it is said, "Let him always practise, according to his
-ability, with a cheerful heart, the duty of liberality, both by
-sacrifices and by charitable works, if he finds a worthy recipient for
-his gifts."[307] "In the Krita age the chief virtue is declared to be
-the performance of austerities, in the Tretâ divine knowledge, in the
-Dvâpara the performance of sacrifices, in the Kali liberality
-alone."[308] In the Egyptian 'Book of the Dead' the soul, on
-approaching to the gods who are in the Tuat, pleads:--"I have done
-that which man prescribeth and that which pleaseth the gods. I have
-propitiated the god with that which he loveth. I have given bread to
-the hungry, water to the thirsty, clothes to the naked, a boat to the
-shipwrecked. I have made oblations to the gods and funeral offerings
-to the departed."[309] In the Zoroastrian prayer Ahuna-Vairya, to
-which great efficacy is ascribed, it is said, "He who relieves the
-poor makes Ahura king."[310] {567} In the Koran almsgiving is often
-mentioned in connection with prayer;[311] and the Zakât, or alms
-prescribed by law, is regarded by the Muhammedans as a fundamental
-part of their religion, hence infidels, who cannot perform acceptable
-worship, have nothing to do with these alms.[312] Among the
-Muhammedans of India it is common for men and women to vow "that when
-what they desire shall come to pass, they will, in the name of God,
-the Prophet, his companions, or some _wullee_, present offerings and
-oblations." One of these offerings, called "an offering unto God,"
-consists in preparing particular victuals, and in "distributing them
-among friends and the poor, and giving any sort of grain, a sacrificed
-sheep, clothes, or ready-money in alms to the indigent."[313] When the
-destruction of the Temple with its altar filled the Jews with alarm as
-they thought of their unatoned sins, Johanan ben Zakkai comforted them
-by saying, "You have another means of atonement, as powerful as the
-altar, and that is the work of charity, for it is said: 'I desired
-mercy, and not sacrifice.'"[314] Many other passages show how closely
-the Jews associated almsgiving with sacrifice. "He that giveth alms
-sacrificeth praise."[315] "As sin-offering makes atonement for Israel,
-so alms for the Gentiles."[316] "Almsdeeds are more meritorious than
-all sacrifices."[317] An orphan is called an "altar to God."[318] And
-as a sacrificer should be a person of a godly character, so it is
-better to perish by famine than to receive an oblation from the
-ungodly.[319] Alms were systematically collected in the synagogues,
-and officers were appointed to make the collection.[320] So, also,
-among the early Christians the collection of alms for the relief of
-the poor was an act of the Church life itself. Almsgiving took place
-in public worship, nay formed itself a part of worship. {568} Gifts of
-natural produce, the so-called oblations, were connected with the
-celebration of the Lord's Supper. They were offered to God as the
-first-fruits of the creatures (_primitiæ creaturarum_), and a prayer
-was said:--"O Lord, accept also the offerings of those who to-day
-bring an offering, as Thou didst accept the offerings of righteous
-Abel, the offering of our father Abraham, the incense of Zachariah,
-the alms of Cornelius, and the two mites of the widow." These
-oblations were not only used for the Lord's Supper, but they formed
-the chief means for the relief of the poor. They were regarded as
-sacrifice in the most special sense; and, as no unclean gift might be
-laid upon the Lord's altar, profit made from sinful occupations was
-not accepted as an oblation, neither were the oblations of impenitent
-sinners.[321] The author of the Epistle to the Hebrews speaks of
-almsgiving as a sacrifice of thanksgiving which continues after the
-Jewish altar has been done away with.[322] Like sacrifice, almsgiving
-is connected with prayer, as a means of making the prayer efficacious
-and furnishing it with wings; the angel said to Cornelius, "Thy
-prayers and thine alms are come up for a memorial before God."[323]
-When the Christians were reproached for having no sacrifices, Justin
-wrote, "We have been taught that the only honour that is worthy of Him
-is not to consume by fire what He has brought into being for our
-sustenance, but to use it for ourselves and those who need."[324] So,
-also, Irenæus observes that sacrifices are not abolished in the New
-Testament, though their form is indeed altered, because they are no
-longer offered by slaves, but by freemen, of which just the oblations
-are the proof.[325] And God has enjoined on Christians this sacrifice
-of oblations, not because He needs them, but "in order that themselves
-{569} might be neither unfruitful nor ungrateful."[326] St. Augustine
-says, "The sacrifice of the Christians is the alms bestowed upon the
-poor."[327]
-
-[Footnote 306: _Institutes of Vishnu_, lix. 28.]
-
-[Footnote 307: _Laws of Manu_, iv. 227. _Cf._ _ibid._ iv. 226.]
-
-[Footnote 308: _Ibid._ i. 86.]
-
-[Footnote 309: _Book of the Dead_, 125, Renouf's translation, p. 217.]
-
-[Footnote 310: _Vendîdâd_, xix, 2.]
-
-[Footnote 311: _Koran_, ii. 40, 104; ix. 54.]
-
-[Footnote 312: Sell, _op. cit._ 284.]
-
-[Footnote 313: Jaffur Shureef, _Qanoon-e-Islam_, p. 179.]
-
-[Footnote 314: Kohler, in _Jewish Encyclopedia_, i. 467. _Hosea_,
-vi. 6.]
-
-[Footnote 315: _Ecclesiasticus_, xxxv. 2.]
-
-[Footnote 316: Quoted by Levy, _Neuhebräisches und Chaldäisches
-Wörterbuch_, iv. 173.]
-
-[Footnote 317: Quoted _ibid._ iv. 173.]
-
-[Footnote 318: _Constitutiones Apostolicæ_, iv. 3.]
-
-[Footnote 319: _Ibid._ iv. 8.]
-
-[Footnote 320: Addis, in _Encyclopædia Biblica_, i. 119.]
-
-[Footnote 321: Uhlhorn, _op. cit._ i. 135 _sqq._ Harnack, _History of
-Dogma_, i. 205.]
-
-[Footnote 322: _Hebrews_, xiii. 14 _sqq._ _Cf._ Addis, in
-_Encyclopædia Biblica_, i. 119.]
-
-[Footnote 323: _Act_, x. 4. Cyprian, _De opere et eleemosynis_, 4. St.
-Chrysostom, _Homilia VII., de P[oe]nitentia_, 6 (Migne, _Patrologiæ
-cursus_, Ser. Gr. xlix. _sq._ 332).]
-
-[Footnote 324: Justin, _Apologia I. pro Christianis_, 13.]
-
-[Footnote 325: Irenæus, _Adversus hæreses_, iv. 18. 82.]
-
-[Footnote 326: _Ibid._ iv. 17. 5.]
-
-[Footnote 327: St. Augustine, _Sermo XLII._ 1 (Migne, _op. cit._
-xxxviii. 252).]
-
-The objection will perhaps be raised that I have here tried to trace
-back the most beautiful of all religious virtues to a magical and
-ritualistic origin without taking into due account the benevolent
-feelings attributed to the Deity. But in the present connection I have
-not had to show why charity, like other human duties, has been
-sanctioned by religious beliefs, but why, in the ethics of the higher
-religions, it has attained the same supreme importance as is otherwise
-attached only to devotional exercises. And this is certainly a problem
-by itself, for which the belief in a benevolent god affords no
-adequate explanation. That the religious duty of charity is not merely
-an outcome of the altruistic sentiment is well illustrated by the fact
-that Zoroastrianism, whilst exalting almsgiving to the rank of a
-cardinal virtue, at the same time excludes the sick man from the
-community of the faithful until he has been cured and cleansed
-according to prescribed rites.[328]
-
-[Footnote 328: Darmesteter, 'Introduction' to the Zend-Avesta, in
-_Sacred Books of the East_, iv. p. lxxx.]
-
-
-
-
-CHAPTER XXIV
-
-HOSPITALITY
-
-WE have seen that in early society regard for the life and physical
-well-being of a fellow-creature is, generally speaking, restricted to
-members of the social unit, whereas foreigners are subject to a very
-different treatment. But to this rule there are remarkable exceptions.
-Side by side with gross indifference or positive hatred to strangers
-we find, among the lower races, instances of great kindness displayed
-even towards persons of a foreign race. The Veddahs are ready to help
-any stranger in distress who asks for their assistance, and Sinhalese
-fugitives who have sought refuge in their wilds have always been
-kindly received.[1] Mr. Moffat was deeply affected by the sympathy
-which some poor Bushmans showed to him during an illness, although he
-was an utter stranger to them. Speaking of the mutual affection which
-the Andaman Islanders display in their social relations, Mr. Man adds
-that, "in their dealings with strangers, the same characteristic is
-observable when once a good understanding has been established."[2] We
-have also to remember the friendly manner in which the aborigines in
-various parts of the savage world behaved to the earliest European
-visitors. Nothing could be more courteous than the reception which
-Cook and his party met with in New Caledonia, where the natives guided
-and accompanied them on their {571} excursions. Forster says of the
-Society Islanders, "We should indeed be ungrateful if we did not
-acknowledge the kindness with which they always treated us."[3] De
-Clerque observes with reference to the Papuans on the north coast of
-New Guinea:--"The inhabitants seemed always ready to help. . . . On
-our visit to the village all the male and female inhabitants with
-their children flocked around me, and offered me cocoanuts and
-sugar-cane; which, for the first contact with Europeans, is certainly
-remarkable."[4] On the arrival of white people in various parts of
-Australia, the natives were not only inoffensive, but disposed to meet
-them on terms of amity and kindness.[5] "In a short intercourse," says
-Eyre, "they are easily made friends. . . . On many occasions where I
-have met these wanderers in the wild, far removed from the abodes of
-civilisation, and when I have been accompanied only by a single native
-boy, I have been received by them in the kindest and most friendly
-manner, had presents made to me of fish, kangaroo, or fruit, had them
-accompany me for miles to point out where water was to be procured,
-and been assisted by them in getting at it."[6] Nor must we forget the
-kind reception which Australian Blacks have given to men cast upon
-their mercy,[7] and the tenderness with which the natives of Cooper's
-Creek wept for the death of Burke and Wills, and comforted King, the
-survivor.[8] Unfortunately, native races have often received anything
-but favourable impressions from their earliest interviews with
-Europeans; and both in Australia and elsewhere prolonged intercourse
-with white people has, in many instances, induced them to change {572}
-their friendly behaviour into unkindness or hostility. The Canadian
-traders, for instance, when they first appeared among the Beaver and
-Rocky Mountain Indians, were treated by these people with the utmost
-hospitality and attention; but by their subsequent conduct they taught
-the natives to withdraw their respect, and sometimes to treat them
-with indignity.[9] Harmon writes, "I have always experienced the
-greatest hospitality and kindness among those Indians who have had the
-least intercourse with white people."[10] Many facts seem to verify
-the statement made by a missionary who speaks from forty years'
-experience among the natives of New Guinea and Polynesia, that our
-conduct towards savages determines their conduct towards
-us.[11]
-
-[Footnote 1: Sarasin, _Ergebnisse naturwissenschaftlicher Forschungen
-auf Ceylon_, iii. 544.]
-
-[Footnote 2: Man, 'Aboriginal Inhabitants of the Andaman Islands,' in
-_Jour. Anthr. Inst._ xii. 93.]
-
-[Footnote 3: Forster, _Voyage Round the World_, ii. 157.]
-
-[Footnote 4: De Clerque, in _Glimpses of the Eastern Archipelago_,
-p. 14.]
-
-[Footnote 5: Breton, _Excursions in New South Wales_, p. 218. Curr,
-_The Australian Race_, i. 64. Salvado, _Mémoires historiques sur
-l'Australie_, p. 340. Ridley, _Aborigines of Australia_, p. 24. Eyre,
-_Journals of Expeditions of Discovery into Central Australia_,
-ii. 212, 382.]
-
-[Footnote 6: Eyre, _op. cit._ ii. 211.]
-
-[Footnote 7: Mathew, 'Australian Aborigines,' in _Jour. & Proceed.
-Roy. Soc. N. S. Wales_, xxiii. 388. Brough Smyth, _Aborigines of
-Victoria_, ii. 229. Ridley, _Aborigines of Australia_, p. 22.]
-
-[Footnote 8: Jung, 'Aus dem Seelenleben der Australier,' in
-_Mittheilungen des Vereins für Erdkunde zu Leipzig_, 1877, p. 11 _sq._]
-
-[Footnote 9: Mackenzie, _Voyage to the Frozen and Pacific Ocean_,
-p. 149.]
-
-[Footnote 10: Harmon, _Journal of Voyages and Travels in the Interior
-of North America_, p. 315.]
-
-[Footnote 11: Murray, _Forty Years' Mission Work in Polynesia and New
-Guinea_, p. 499. For other instances of kindness displayed by savages
-towards white men, see von Kotzebue, _Voyage of Discovery into the
-South Sea_, iii. 174 (people of Radack); Yate, _Account of New
-Zealand_, p. 102 _sq._; Dieffenbach, _Travels in New Zealand_, ii.
-112; Keate, _Account of the Pelew Islands_, p. 329 _sq._; Earl,
-_Papuans_, p. 79 (natives of Port Dory, New Guinea); Sarytschew,
-'Voyage of ** Discovery to the North-East of Siberia,' in
-_Collection of Modern and Contemporary Voyages and Travels_, vi. 78
-(Aleuts); King and Fitzroy, _Voyages of the "Adventure" and "Beagle,"_
-ii. 168, 174 (Patagonians); Wilson and Felkin, _Uganda_, i.
-225.]
-
-The friendly reception which white men have met with in savage
-countries is closely connected with a custom which, as it seems,
-prevails universally among the lower races while in their native
-state,[12] as also among the {573} peoples of culture at the earlier
-stages of their civilisation[13] {574} --hospitality towards strangers.
-This custom presents several remarkable characteristics, which, to all
-appearance, ill agree with their tribal or national exclusiveness
-generally. The stranger is often welcomed with special marks of
-honour. The best seat is assigned to him; the best food at the host's
-disposal is set before {575} him; he takes precedence over all the
-members of the household; he enjoys extraordinary privileges. M.
-Hyades says of the Fuegians, "Quelque encombrée que soit une hutte, et
-si réduite que soit la quantité d'aliments dont on dispose, le nouvel
-arrivant est toujours assuré d'avoir une place près du foyer et une
-part de la nourriture."[14] The Mattoal of California, though they are
-sometimes heartlessly indifferent even to their parents, "will divide
-the last shred of dried salmon with any casual comer who has not a
-shadow of claim upon them, except the claim of that exaggerated and
-supererogatory hospitality that savages use."[15] A Creek Indian would
-not only receive into his house a traveller or sojourner of whatever
-nation or colour, but would treat him as a brother or as his own
-child, divide with him the last grain of corn or piece of flesh, and
-offer him the most valuable things in his possession.[16] Among the
-Arawaks, "when a stranger, and particularly an European, enters the
-house of an Indian, every thing is at his command."[17]
-Notwithstanding the Karen's suspicious nature, says Mr. Smeaton, his
-hospitality is unbounded. "He will entertain every stranger that
-comes, without asking a question. He feels himself disgraced if he
-does not receive all comers, and give them the very best cheer he has.
-The wildest Karen will receive a guest with a grace and dignity and
-entertain him with a lavish hospitality that would become a duke.
-Hundreds of their old legends inculcate the duty of receiving
-strangers without regard to pecuniary circumstances either of host or
-guest."[18] Among many uncivilised peoples it is customary for a man
-to offer even his wife, or one of his wives, to the stranger for the
-time he remains his guest.[19] The Bedouins of Nejd have a {576}
-saying that "the guest while in the house is its lord";[20] and in the
-Institutes of Vishnu we read that, as the Brâhmanas are lords over all
-other castes, and as a husband is lord over his wives, so the guest is
-the lord of his host.[21]
-
-[Footnote 12: Azara, _Voyages dans l'Amérique méridionale_, ii. 91
-(Guanas). Southey, _History of Brazil_, i. 247 (Tupis). Davis, _El
-Gringo_, p. 421 (Pueblos). Lafitau, _M[oe]urs des sauvages
-amériquains_, i. 106; ii. 88. Heriot, _Travels through the Canadas_,
-p. 318 _sq._ Buchanan, _North American Indians_, p. 6. Perrot,
-_Mémoire sur les m[oe]urs, coustumes et relligion des sauvages de
-l'Amérique septentrionale_, pp. 69, 202. Neighbors, in Schoolcraft,
-_Indian Tribes of the United States_, ii. 132 (Comanches). James,
-_Expedition from Pittsburgh to the Rocky Mountains_, i. 321 _sq._
-(Omahas). Morgan, _League of the Iroquois_, p. 327 _sqq._; Loskiel,
-_History of the Mission of the United Brethren among the Indians in
-North America_, i. 15; Colden, in Schoolcraft, _op. cit._ iii. 190
-(Iroquois). Powers, _Tribes of California_, p. 183. Sproat, _Scenes
-and Studies of Savage Life_, p. 56 _sqq._ (Ahts). Boas, 'Report on the
-Indians of British Columbia,' in the _Report read at the Meeting of
-the British Association_, 1889, p. 36. Keating, _Expedition to the
-Source of St. Peter's River_, i. 101 (Potawatomis); ii. 167
-(Chippewas). Richardson, _Arctic Searching Expedition_, ii. 18 (Crees
-and Chippewas). _Idem_, in Franklin, _Journey to the Shores of the
-Polar Sea_, p. 66; Mackenzie, _Voyages to the Frozen and Pacific
-Oceans_, p. xcvi. (Crees). Dall, _Alaska_, p. 397; Sarytschew, _loc.
-cit._ vi. 78; Sauer, _Billing's Expedition to the Northern Parts of
-Russia_, p. 274 (Aleuts). Lyon, _Private Journal_, p. 349 _sq._;
-Parry, _Second Voyage for the Discovery of a North-West Passage_, p.
-526 (Eskimo of Igloolik). Egede, _Description of Greenland_, p. 126;
-Cranz, _History of Greenland_, i. 172 _sq._; Kane, _Arctic
-Explorations_, ii. 122; Holm, 'Ethnologisk Skizze af Angmagsalikerne,'
-in _Meddelelser om Grönland_, x. 87, 175 _sq._ (Greenlanders).
-Beechey, _Voyage to the Pacific and Behring's Strait_, ii. 571;
-Richardson, _Arctic Searching Expedition_, i. 367; Seemann, _Voyage of
-"Herald,"_ ii. 65 (Western Eskimo). Hooper, _Ten Months among the
-Tents of the Tuski_, pp. 160, 193, 194, 208; Nordenskiöld, _Vegas färd
-kring Asien och Europa_, ii. 145 (Chukchi). Dall, _op. cit._ pp. 381
-(Tuski), 517 (Kamchadales), 526 (Ainos). Sarytschew, _loc. cit._ v. 67
-(Kamchadales). Dobell, _Travels in Kamtschatka and Siberia_, i. 63, 82
-_sq._ (Kamchadales); ii. 42 (Jakuts). Sauer, _op. cit._ p. 124
-(Jakuts). Vámbéry, _Das Türkenvolk_, pp. 159 (Jakuts), 336 (natives of
-Eastern Turkestan), 411 (Turkomans), 451 (Tshuvashes), 509 (Baskirs),
-&c. Krasheninnikoff, _History of Kamschatka_, p. 236 (Kurile
-Islanders). Georgi, _Russia_, i. 113 (Mordvins); iii. 111 (Tunguses),
-167 (Koriaks); iv. 22 (Kalmucks). Bergmann, _Nomadische Streifereien
-unter den Kalmüken_, ii. 281 _sqq._ Prejevalsky, _Mongolia_, i. 71
-_sq._ Castrén, _Nordiska resor och forskningar_, i. 41 (Laplanders),
-319 (Ostyaks). Scott Robertson, _Káfirs of the Hindu-Kush_, p. 187
-_sq._ Fraser, _Tour through the Him[=a]l[=a] Mountains_, pp. 264
-(people of Kunawar), 335 (Butias). Dalton, _Descriptive Ethnology of
-Bengal_, pp. 46 (Kukis), 68 (Garos). Hunter, _Annals of Rural Bengal_,
-i. 215 (Santals). Tickell, 'Memoir on the Hodésum,' in _Jour. Asiatic
-Soc. Bengal_, ix. (pt. ii.) 807 _sq._ (Hos). Lewin, _Wild Races of
-South-Eastern India_, p. 217 (Tipperahs). Colquhoun, _Amongst the
-Shans_, pp. 160 _sq._ (Steins), 371 (Shans). Foreman, _Philippine
-Islands_, p. 187. de Crespigny, 'Milanows of Borneo,' in _Jour. Anthr.
-Inst._ v, 34. Low, _Sarawak_, pp. 243 (Hill Dyaks), 336 (Kayans).
-Boyle, _Adventures among the Dyaks of Borneo_, p. 215. Ling Roth,
-_Natives of Sarawak_, i. 82 (Sea Dyaks). Marsden, _History of
-Sumatra_, p. 208 (natives of the interior of Sumatra). Raffles,
-_History of Java_, i. 249; Crawfurd, _History of the Indian
-Archipelago_, i. 53 (Javanese). Riedel, _De sluik- en kroesharige
-rassen tusschen Selebes en Papua_, p. 41 (natives of Ambon and
-Uliase). von Kotzebue, _op. cit._ iii. 165 (natives of Radack), 215
-(Pelew Islanders). Hale, _U.S. Exploring Expedition. Vol.
-VI.--Ethnography and Philology_, p. 95 (Kingsmill Islanders).
-Macdonald, _Oceania_, p. 195 (Efatese). Erskine, _Cruise among the
-Islands of the Western Pacific_, p. 273 _sq._; Williams and Calvert,
-_Fiji and the Fijians_, p. 110; Anderson, _Travel in Fiji and New
-Caledonia_, p. 134 _sq._ (Fijians). Ellis, _Polynesian Researches_, i.
-95. _Idem_, _Tour through Hawaii_, p. 346 _sq._ Forster, _op. cit._
-ii. 158 (Tahitians) 364 (natives of Tana), 394 (South Sea Islanders
-generally). Cook, _Voyage round the World_, p. 40 (Tahitians).
-Tregear, 'Niue,' in _Jour. Polynesian Soc._ ii. 13 (Savage Islanders),
-Turner, _Samoa_, p. 114; Pritchard, _Polynesian Reminiscences_, p.
-132; Brenchley, _Jottings during the Cruise of H.M.S. Curaçoa among
-the South Sea Islands_, p. 76 (Samoans). Mariner, _Natives of the
-Tonga Islands_, ii. 154. Yate, _op. cit._ p. 100; Dieffenbach, _op.
-cit._ ii. 107 _sq._; Polack, _Manners and Customs of the New
-Zealanders_, ii. 155 _sq._; Angas, _Savage Life and Scenes in
-Australia and New Zealand_, ii. 22 (Maoris). Gason, 'Manners and
-Customs of the Dieyerie Tribe,' in Woods, _Native Tribes of South
-Australia_, p. 258; Brough Smyth, _op. cit._ i. 25; Salvado, _op.
-cit._ p. 340 (Australian aborigines). Ellis, _History of Madagascar_,
-i. 198; Sibree, _The Great African Island_, pp. 126, 129; Rochon,
-_Voyage to Madagascar_, p. 62; Little, _Madagascar_, p. 61; Shaw,
-'Betsileo,' in _Antananarivo Annual and Madagascar Magazine_, ii. 82.
-Burchell, _Travels in the Interior of Southern Africa_, ii. 54
-(Bushmans), 345 (Hottentots). Kolben, _Present State of the Cape of
-Good Hope_, i. 166, 337; Le Vaillant, _Travels from the Cape of Good
-Hope_, ii. 143 _sq._; Schinz, _Deutsch-Südwest-Afrika_, p. 81
-(Hottentots). Lichtenstein, _Travels in Southern Africa_, i. 272;
-Leslie, _Among the Zulus and Amatongas_, p. 203 (Kafirs). Casalis,
-_Basutos_, pp. 209, 224. Andersson, _Lake Ngami_, 198 (Ovambo).
-Macdonald, _Africana_, i. 27, 263 (Eastern Central Africans). Wilson
-and Felkin, _op. cit._ i. 211, 225 (Waganda). Rowley, _Africa
-Unveiled_, p. 47 (natives of Manganja, in the neighbourhood of Lake
-Nyassa). New, _Life, Wanderings, and Labours in East Africa_, pp. 102
-(Wanika), 361 (Taveta). Thomson, _Through Masai Land_, p. 64
-(Wa-kwafi, of the Taveta). Tuckey, _Expedition to explore the River
-Zaire_, p. 374 (Congo natives), Bosman, _Description of the Coast of
-Guinea_, p. 108. Burton, _Two Trips to Gorilla Land_, i. 106
-(Mpongwe). _Idem_, _Abeokuta_, i. 303 (Yoruba). Caillié, _Travels
-through Central Africa_, i. 165 (Bagos). Chavanne, _Die Sahara_, p.
-185 (Touareg). Hanoteau and Letourneux, _La Kabylie_, ii. 45 _sqq._
-Munzinger, _Ostafrikanische Studien_, p. 534 (Barea). Lobo, _Voyage to
-Abyssinia_, p. 82 _sq._
-
-For the deteriorating influence which contact with a "higher culture"
-exercises on savage hospitality, see Nansen, _First Crossing of
-Greenland_, ii. 306 _sq._; Ellis, _Tour through Hawaii_, p. 346; von
-Kotzebue, _op. cit._ iii. 250 (Hawaiians); Meade, _Ride through the
-Disturbed Districts of New Zealand_, p. 164; Dieffenbach, _op. cit._
-ii. 107, 108, 110.]
-
-[Footnote 13: According to a law of the Peruvian Incas, strangers and
-travellers should be treated as guests, and public houses were
-provided for them (Garcilasso de la Vega, _First Part of the Royal
-Commentaries of the Yncas_, ii. 34). For Yucatan, see Landa, _Relacion
-de las cosas de Yucatan_, p. 134. Though hospitality, according to Mr.
-Wells Williams (_Middle Kingdom_, i. 835), is not a trait of the
-character of the modern Chinese, kindness to strangers and travellers
-is enjoined in their moral and religious books (Chalmers, 'Chinese
-Natural Theology,' in _China Review_, v. 281. Douglas, _Confucianism
-and Taouism_, p. 273. _Indo-Chinese Gleaner_, iii. 160). In Corea it
-would be a grave and shameful thing to refuse a portion of one's meal
-with any person, known or unknown, who presents himself at eating-time
-(Griffis, _Corea_, p. 288). For the Hebrews, see _Genesis_, xviii. 2
-_sqq._, xxiv. 31 _sqq._; _Leviticus_, xix. 9 _sq._, xxv. 35;
-_Deuteronomy_, xiv. 29, xvi. 11, 14; _Judges_, xix. 17 _sqq._; _Job_,
-xxxiv. 32; also Bertholet, _Die Stellung der Israeliten und der Juden
-zu den Fremden_, p. 22 _sqq._, and Nowack, _Lehrbuch der hebräischen
-Archäologie_, p. 186 _sq._ For Muhammedans, see Lane, _Manners and
-Customs of the Modern Egyptians_, p. 296 _sq._; Burckhardt, _Notes on
-the Bedouins and Wahábys_, pp. 100-102, 192 _sqq._; Wood, _Journey to
-the Source of the River Oxus_, p. 148; Hamilton, _Researches in Asia
-Minor_, ii. 379. For ancient India, see Leist, _Alt-arisches Jus
-Gentium_, pp. 39, 40, 223 _sqq._ For Greece, see Schmidt, _Ethik der
-alten Griechen_, ii. 325 _sqq._ For Rome, see Leist, _Alt-arisches Jus
-Civile_, i. 355 _sqq._; von Jhering, _Geist des römischen Rechts_, i.
-227 _sq._ For ancient Teutons, see Grimm, _Deutsche Rechtsalterthümer_,
-p. 399 _sq._; Gummere, _Germanic Origins_, p. 162 _sqq._; Keyser,
-_Efterladte Skrifter_, ii. pt. ii. 93; Weinhold, _Altnordisches
-Leben_, p. 441 _sqq._; Gudmundsson and Kålund, 'Sitte,' in Paul's
-_Grundriss der germanischen Philologie_, iii. 450 _sq._ For
-Slavonians, see Schrader, _Reallexikon der indogermanischen
-Altertumskunde_, i. 270; Krauss, _Die Südslaven_, p. 644
-_sqq._]
-
-[Footnote 14: Hyades and Deniker, _Mission scientifique du Cap Horn_,
-vii. 243.]
-
-[Footnote 15: Powers, _op. cit._ p. 112.]
-
-[Footnote 16: Bartram, 'Creek and Cherokee Indians,' in _Trans.
-American Ethn. Soc._ iii. pt. i. 42.]
-
-[Footnote 17: Hilhouse, in _Jour. Roy. Geo. Soc._ ii. 230. _Idem_,
-_Indian Notices_, p. 14. _Cf._ von Martins, _Beiträge zur Ethnographie
-Amerika's_, i. 692.]
-
-[Footnote 18: Smeaton, _Loyal Karens of Burma_, p. 144 _sq._]
-
-[Footnote 19: Westermarck, _History of Human Marriage_, p. 73 _sqq._]
-
-[Footnote 20: Palgrave, _Journey through Central and Eastern Arabia_,
-i. 345.]
-
-[Footnote 21: _Institutes of Vishnu_, lxvii. 31. For other instances
-of the precedence granted to guests, see Man, in _Jour. Anthr. Inst._
-xii. 94, 148 (Andaman Islanders); Buchanan, _North American Indians_,
-p. 324 (Indians of Pennsylvania); Lyon, _Private Journal_, p. 350
-(Eskimo of Igloolik); Seemann, _Voyage of "Herald,"_ ii. 65 (Western
-Eskimo); Krasheninnikoff, _op. cit._ p. 211 (Kamchadales), Georgi,
-_op. cit._ iii. 153 _sq._ (Kamchadales), 183 _sq._ (Chukchi). Ling
-Roth, _Natives of Sarawak_, i. 86 (Sea Dyaks); Mariner, _op. cit._ ii.
-154 (Tonga Islanders); New, _op. cit._ p. 102 (Wanika); Hanoteau and
-Letourneux, _op. cit._ ii. 45 (Kabyles); Wells Williams, _op. cit._ i.
-540 (Chinese): Krauss, _op. cit._ p. 649 _sq._ (Southern Slavs).]
-
-Custom may require that hospitality should be shown even to an enemy.
-Captain Holm tells us of a Greenlander of bad character who, though he
-had murdered his step-father, was received, and for a long time
-entertained, when he paid a visit to the nearest kindred of the
-murdered man; and this, as it seems, was agreeable to old custom.[22]
-Among the Aeneze Bedouins, says Burckhardt, all means are reckoned
-lawful to avenge the blood of a slain relative, "provided the homicide
-be not killed while he is a guest in the tent of a third person, or if
-he has taken refuge even in the tent of his deadly foe."[23] In
-Afghanistan "a man's bitterest enemy is safe while he is under his
-roof."[24] We read in the Hitopadesa:--"On even an enemy arrived at
-the house becoming hospitality should be bestowed; the tree does not
-withdraw its sheltering shadow from the wood-cutter. . . . The guest
-is everyone's superior."[25] The old Norsemen considered it a duty to
-treat a guest hospitably even though it came out that he had killed
-the brother of his host.[26] A mediæval {577} knight granted safe
-conduct through his territories to all who required it, including
-those who asserted pretensions which, if established, would deprive
-him of his possessions.[27]
-
-[Footnote 22: Nansen, _First Crossing of Greenland_, ii. 305 _sq._]
-
-[Footnote 23: Burckhardt, _Bedouins and Wahábys_, p. 87. _Cf._ Daumas,
-_La vie Arabe_, p. 317 (Algerian Arabs).]
-
-[Footnote 24: Elphinstone, _Kingdom of Caubul_, i. 296.]
-
-[Footnote 25: _Hitopadesa_, Mitralâbhâ, 60, 62.]
-
-[Footnote 26: Grimm, _Deutsche Rechtsalterthümer_, p. 400. Weinhold,
-_Altnordisches Leben_, p. 441. For other instances of hospitality
-towards enemies, see James, _Expedition to the Rocky Mountains_, i.
-322 (Omahas); Bartram, in _Trans. American Ethn. Soc._ iii. pt. i. 42
-(Creeks and Cherokees); Lomonaco, 'Sullerazze indigene del Brasile,'
-in _Archivio per l'antropologia e la etnologia_, xix. 57 (Tupis);
-Krauss, _op. cit._ p. 650 (Montenegrines).]
-
-[Footnote 27: Mills, _History of Chivalry_, p. 154.]
-
-To protect a guest is looked upon as a most stringent duty under all
-circumstances. "Le Kabyle qui accorde son _ânaïa_ doit, sous peine
-d'infamie, y faire honneur, dût-il s'exposer à tous les dangers. . . .
-La violation de leur _ânaïa_ est la plus grave injure que l'on puisse
-infliger à des Kabyles. Un homme qui viole, ou, suivant l'expression
-consacrée, qui brise l'_ânaïa_ de son village ou de sa tribu, est puni
-de mort et de la confiscation de tous ses biens; sa maison est
-démolie."[28] Among the Bedouins a breach of the law of _dakheel_
-"would be considered a disgrace not only upon the individual but upon
-his family, and even upon his tribe, which never could be wiped out.
-No greater insult can be offered to a man, or to his clan, than to say
-that he has broken the _dakheel_."[29] Among the Aenezes, according to
-Burckhardt, "a violation of hospitality, by the betraying of a guest,
-has not occurred within the memory of man."[30] In Egypt, "most
-Bedawees will suffer almost any injury to themselves or their families
-rather than allow their guests to be ill-treated while under their
-protection."[31] Among the Kandhs, "for the safety of a guest life and
-honour are pledged; he is to be considered before a child"; in order
-to save his guest a man is even allowed to speak falsely, which is
-otherwise condemned by them as a heinous sin.[32] Vámbéry tells us of
-cases in which the Kara-Kirghiz have preferred being harassed with war
-by the Chinese to surrendering to them such Chinese fugitives as have
-sought and received their hospitality.[33] Among the Ossetes the host
-not only considers himself responsible for the safety of his guest,
-{578} but "revenges the murder or wounding of the latter as he would
-that of a kinsman."[34] In Albania it is considered infamous to leave
-an injury inflicted on a guest unavenged.[35] Among the Takue, though
-a man would accept compensation for the murder of a relative, he would
-in all cases exact blood-revenge for the murder of his guest.[36] On
-the other hand, in Sierra Leone a guest "is scarcely accountable for
-any faults which he may commit, whether through inadvertency or
-design, the host being considered as responsible for the actions of
-'his stranger.'"[37]
-
-[Footnote 28: Hanoteau and Letourneux, _op. cit._ ii. 61 _sq._]
-
-[Footnote 29: Layard, _Discoveries in the Ruins of Nineveh and
-Babylon_, p. 317.]
-
-[Footnote 30: Burckhardt, _Bedouins and Wahábys_, p. 100. _Cf._
-_ibid._ p. 192.]
-
-[Footnote 31: Lane, _Modern Egyptians_, p. 297.]
-
-[Footnote 32: Macpherson, _Memorials of Service in India_, pp. 65, 94.]
-
-[Footnote 33: Vámbéry, _Das Türkenvolk_, p. 268. _Cf._ _ibid._ p. 411
-(Turkomans).]
-
-[Footnote 34: von Haxthausen, _Transcaucasia_, p. 412.]
-
-[Footnote 35: Gop[vc]evi['c], _Oberalbanien und seine Liga_, p. 328.]
-
-[Footnote 36: Munzinger, _Ostafrikanische Studien_, p. 208. Among the
-Barea and Kunáma a man avenges the death of his guest by killing the
-guest of the murderer (_ibid._ p. 477).]
-
-[Footnote 37: Winterbottom, _Native Africans in the Neighbourhood of
-Sierra Leone_, i. 214.]
-
-Hospitality is not only regarded as a duty of the first order, but
-has, in a remarkable degree, been associated with religion. Among the
-doctrines held up for acceptance by the religious instructors of the
-Iroquois there was the following precept:--"If a stranger wander about
-your abode, welcome him to your home, be hospitable towards him, speak
-to him with kind words, and forget not always to mention the Great
-Spirit."[38] The natives of Aneiteum, of the New Hebrides, maintained
-that generous hospitality would receive the highest reward in the Land
-of the Dead.[39] The Kalmucks believe that want of hospitality will be
-punished by angry gods.[40] The Kandhs say that the first duty which
-the gods have imposed upon man is that of hospitality; and "persons
-guilty of the neglect of established observances are punished by the
-divine wrath, either during their current lives, or when they
-afterwards return to animate other bodies," the penalties being death,
-poverty, disease, the loss of children, or any other form of
-calamity.[41] In the sacred books of India hospitality is repeatedly
-spoken of as a most important duty, the discharge of which will be
-{579} amply rewarded. "The inhospitable man," the Vedic singer tell
-us, "acquires food in vain. I speak the truth--it verily is his death.
-. . . He who eats alone is nothing but a sinner."[42] "He who does not
-feed these five, the gods, his guests, those whom he is bound to
-maintain, the manes, and himself, lives not, though he breathes."[43]
-According to the Vishnu Purána, a person who neglects a poor and
-friendless stranger in want of hospitality, goes to hell.[44] On the
-other hand, by honouring guests a householder obtains the highest
-reward.[45] "He who entertains guests for one night obtains earthly
-happiness, a second night gains the middle air, a third heavenly
-bliss, a fourth the world of unsurpassable bliss; many nights procure
-endless worlds. That has been declared in the Veda."[46] It is said in
-the Mahabharata that "he who gives food freely to a fatigued wayfarer,
-whom he has never seen before, obtains great virtuous merit."[47]
-According to Hesiod, Zeus himself is wrath with him who does evil to a
-suppliant or a guest, and at last, in requital for his deed, lays on
-him a bitter penalty.[48] Plato says:--"In his relations to strangers,
-a man should consider that a contract is a most holy thing, and that
-all concerns and wrongs of strangers are more directly dependent on
-the protection of God, than wrongs done to citizens. . . . He who is
-most able is the genius and the god of the stranger, who follows in
-the train of Zeus, the god of strangers. And for this reason, he who
-has a spark of caution in him, will do his best to pass through life
-without sinning against the stranger. And of offences committed,
-whether against strangers or fellow-country-men, that against
-suppliants is the greatest."[49] Similar opinions prevailed in ancient
-Rome. _Jus hospitii_, whilst {580} forming no part of the civil law,
-belonged to _fas_; the stranger, who enjoyed no legal protection, was,
-as a guest, protected by custom and religion.[50] The _dii hospitales_
-and Jupiter were on guard over him;[51] hence the duties towards a
-guest were even more stringent than those towards a relative.[52]
-Cæsar[53] and Tacitus[54] attest that the Teutons considered it
-impious to injure a guest or to exclude any human being from the
-shelter of their roof. The God of Israel was a preserver of
-strangers.[55] In the Talmud hospitality is described as "the most
-important part of divine worship,"[56] as being equivalent to the duty
-of honouring father and mother,[57] as even more meritorious than
-frequenting the synagogue.[58] Muhammedanism likewise regards
-hospitality as a religious duty.[59] "Whoever," said the Prophet,
-"believes in God and the day of resurrection, must respect his
-guest."[60] But the idea that a guest enjoys divine protection
-prevailed among the Arabs long before the times of Muhammed.[61] The
-Bedouins say that the guests are "guests of God."[62] The Christian
-Church, again, regarded hospitality as a duty imposed by
-Christ.[63]
-
-[Footnote 38: Morgan, _League of the Iroquois_, p. 172.]
-
-[Footnote 39: Inglis, _In the New Hebrides_, p. 31.]
-
-[Footnote 40: Bergmann, _op. cit._ ii. 281 _sq._]
-
-[Footnote 41: Macpherson, 'Religious Opinions and Observances of the
-Khonds,' in _Jour. Roy. Asiatic Soc._ vii. 196.]
-
-[Footnote 42: _Rig-Veda_, x. 117. 6.]
-
-[Footnote 43: _Laws of Manu_, iii. 72. _Cf._ _Institutes of Vishnu_,
-lxvii. 45.]
-
-[Footnote 44: _Vish['n]u Purá['n]a_, p. 305.]
-
-[Footnote 45: _Institutes of Vishnu_, lxvii. 28, 32.]
-
-[Footnote 46: _Âpastamba_, ii. 3. 7. 16.]
-
-[Footnote 47: _Mahabharata_, Vana Parva, ii. 61, pt. v. p. 5.]
-
-[Footnote 48: Hesiod, _Opera et dies_, 331 _sq._ (333 _sq._).]
-
-[Footnote 49: Plato, _Leges_, v. 729 _sq._]
-
-[Footnote 50: Servius, _In Virgilii Æneidos_, iii. 55: "Fas omne; et
-cognationis, et iuris hospitii." von Jhering, _Geist des römischen
-Rechts_, i. 227. Leist, _Alt-arisches Jus Civile_, i. 103, 358 _sq._]
-
-[Footnote 51: Servius, _In Virgilii Æneidos_, i. 736. Livy, _Historiæ
-Romanæ_, xxxix. 51. Tacitus, _Annales_, xv. 52. Plautus, _P[oe]nuli_,
-v. 1. 25.]
-
-[Footnote 52: Gellius, _Noctes Atticæ_, v. 13. 5: "In officiis apud
-maiores ita observatum est, primum tutelae, deinde hospiti, deinde
-clienti, tum cognato, postea affini."]
-
-[Footnote 53: Cæsar, _De bello Gallico_, vi. 23.]
-
-[Footnote 54: Tacitus, _Germania_, 21.]
-
-[Footnote 55: _Psalms_, cxlvi. 9.]
-
-[Footnote 56: Deutsch, _Literary Remains_, p. 57.]
-
-[Footnote 57: _Kiddushin_, fol. 39 B, quoted by Hershon, _Treasures of
-the Talmud_, p. 145.]
-
-[Footnote 58: _Sabbath_, fol. 127 A, quoted by Katz, _Der wahre
-Talmudjude_, p. 103.]
-
-[Footnote 59: _Koran_, iv. 40 _sqq._]
-
-[Footnote 60: Lane, _Arabian Society in the Middle Ages_, p. 142.]
-
-[Footnote 61: Wellhausen, _Reste arabischen Heidentums_, p. 223 _sq._]
-
-[Footnote 62: Doughty, _Arabia Deserta_, i. 228, 504.]
-
-[Footnote 63: Laurent, _Études sur l'histoire de l'Humanité_, vii. 346.]
-
-That a stranger, who under other circumstances is treated as an
-inferior being or a foe, liable to be robbed and killed with impunity,
-should enjoy such extraordinary privileges as a guest, is certainly
-one of the most curious contrasts which present themselves to a
-student of the moral ideas of mankind. It may be asked, why should
-{581} he be received at all? Of course, he stands in need of
-protection and support, but why should those who do not know him care
-for that?
-
-One answer is that his helpless condition may excite pity; facts seem
-to prove that even among savages the altruistic feelings, however
-narrow, can be stirred by the sight of a suffering and harmless
-stranger. Another answer is that the host himself may expect to reap
-benefit from his act. And there can be little doubt that the rules of
-hospitality are in the main based on egoistic considerations.
-
-It has been justly observed that in uncivilised countries, where there
-is no public accommodation for travellers, "hospitality is so
-necessary, and so much required by the mutual convenience of all
-parties, as to detract greatly from its merit as a moral quality."[64]
-When the stranger belongs to a community with which a reciprocity of
-intercourse prevails, it is prudent to give him a hearty reception; he
-who is the host to-day may be the guest tomorrow. "If the Red Indians
-are hospitable," says Domenech, "they also look for their hospitality
-being returned with the same marks of respect and consideration."[65]
-Moreover, the stranger is a bearer of news and tidings, and as such
-may be a welcome guest where communication between different places is
-slow and rare.[66] During my wanderings in the remote forests of
-Northern Finland I was constantly welcomed with the phrase, "What
-news?" But the stranger may be supposed to bring with him something
-which is valued even more highly, namely, good luck or blessings.
-
-[Footnote 64: Winterbottom, _op. cit._ i. 214.]
-
-[Footnote 65: Domenech, _Seven Years' Residence in the Great Deserts
-of North America_, ii. 319. _Cf._ Dunbar, 'Pawnee Indians.' in
-_Magazine of American History_, viii. 745; Brett, _Indian Tribes of
-Guiana_, p. 347; Bernau, _Missionary Labours in British Guiana_, p.
-51; von den Steinen, _Unter den Naturvölkern Zentral-Brasiliens_, p.
-333 _sq._ (Bakaïri); Georgi, _op. cit._ iii. 154 (Kamchadales);
-Smeaton, _op. cit._ p. 146 (Karens); Ellis, _Polynesian Researches_,
-i. 95 (Society Islanders); Pritchard, _Polynesian Reminiscences_, p.
-132, and Brenchley, _op. cit._ p. 76 (Samoans); Williams and Calvert,
-_op. cit._ p. 110, and Anderson, _Notes of Travel in Fiji and New
-Caledonia_, p. 135 (Fijians); Chavanne, _Die Sahara_, p. 393 (Arabs of
-the Sahara).]
-
-[Footnote 66: Wright, _Domestic Manners and Sentiments in England
-during the Middle Ages_, p. 329.]
-
-During the first days of my stay at Demnat, in the Great Atlas, the
-natives in spite of their hostility towards Europeans, said they were
-quite pleased with my coming to see them, because I had brought with
-me rain and an increase of the import of victuals, which just before
-my arrival had been very scarce. So, too, whilst residing among the
-Andjra mountaineers in the North of Morocco, I was said to be a person
-with "propitious ankles," because, since I settled down among them,
-the village where I stayed was frequently visited by Shereefs--presumed
-descendants of the Prophet Muhammed--who are always highly valued
-guests on account of the _baraka_, or holiness, with which they are
-supposed in a smaller or greater degree to be endowed. The stranger
-may be a source of good fortune either involuntarily, as a bearer of
-luck, or through his good wishes; and there is every reason to hope
-that he will, if treated hospitably, return the kindness of his host
-with a blessing. According to the old traveller d'Arvieux, strangers,
-who come to an Arab village are received by the Sheikh with some such
-words as these:--"You are welcome; praised be God that you are in good
-health; your arrival draws down the blessing of heaven upon us; the
-house and all that is in it is yours, you are masters of it."[67] It
-is said in one of the sacred books of India that through a Brâhmana
-guest the people obtain rain, and food through rain, hence they know
-that "the hospitable reception of a guest is a ceremony averting
-evil."[68] When we read in the Laws of Manu that "the hospitable
-reception of guests procures wealth, fame, long life, and heavenly
-bliss,"[69] it is also reasonable to suppose that this supernatural
-reward is a result of blessings invoked on the host. In the
-'Suppliants' of Aeschylus the Chorus sings:--"Let us utter for the
-Argives blessings in requital of their blessings. And may Zeus of
-Strangers watch to their fulfilment the rewards that issue from a
-stranger's tongue, that {583} they reach their perfect goal."[70] We
-can now understand the eagerness with which guests are sought for.
-When a guest enters the hut of a Kalmuck, "the host, the hostess, and
-everybody in the hut, rejoice at the arrival of the stranger as at an
-unexpected fortune."[71] Among the Arabs of Sinai, "if a stranger be
-seen from afar coming towards the camp, he is the guest for that night
-of the first person who descries him, and who, whether a grown man or
-a child, exclaims, 'There comes my guest.' Such a person has a right
-to entertain the guest that night. Serious quarrels happen on these
-occasions; and the Arabs often have recourse to their great oath--'By
-the divorce (from my wife) I swear that I shall entertain the guest';
-upon which all opposition ceases."[72] It is also very usual in the
-East to eat before the gate of the house where travellers pass, and
-every stranger of respectable appearance is invariably requested to
-sit down and partake of the repast.[73] Among the Maoris, "no sooner
-does a stranger appear in sight, than he is welcomed with the usual
-cry of 'Come hither! come hither!' from numerous voices, and is
-immediately invited to eat of such provisions as the place
-affords."[74]
-
-[Footnote 67: d'Arvieux, _Travels in Arabia the Desart_, p. 131 _sq._]
-
-[Footnote 68: _Vasishtha_, xi. 13.]
-
-[Footnote 69: _Laws of Manu_, iii. 106.]
-
-[Footnote 70: Aeschylus, _Supplices_, 632 _sqq._]
-
-[Footnote 71: Bergmann, _op. cit._ ii. 282.]
-
-[Footnote 72: Burckhardt, _Bedouin and Wahábys_ p. 198.]
-
-[Footnote 73: _Idem_, _Arabic Proverbs_, p. 218. Chasseb[oe]uf de
-Volney, _Travels through Syria and Egypt_, i. 413.]
-
-[Footnote 74: Yate, _op. cit._ p. 100. _Cf._ Turner, _Nineteen Years
-in Polynesia_, p. 325 (Samoans); Sproat, _op. cit._ p. 57 (Ahts).]
-
-If efficacy is ascribed to the blessings even of an ordinary man, the
-blessings of a stranger are naturally supposed to be still more
-powerful. For the unknown stranger, like everything unknown and
-everything strange, arouses a feeling of mysterious awe in
-superstitious minds. The Ainos say, "Do not treat strangers
-slightingly, for you never know whom you are entertaining."[75]
-According to the Hitopadesa, "a guest consists of all the
-deities."[76] It is significant that in the writings of ancient India,
-Greece, and Rome, guests are mentioned next after gods as due objects
-of regard.[77] Thus Aeschylus speaks of a man's {584} "impious conduct
-to a god, or a stranger, or to his parents dear."[78] According to
-Homeric notions, "the gods, in the likeness of strangers from far
-countries, put on all manner of shapes, and wander through the cities,
-beholding the violence and the righteousness of men."[79] The author
-of the Epistle to the Hebrews writes, "Be not forgetful to entertain
-strangers: for thereby some have entertained angels unawares."[80]
-
-[Footnote 75: Batchelor, _Ainu and their Folk-Lore_, p. 259.]
-
-[Footnote 76: _Hitopadesa_, Mitralâbhâ, 65.]
-
-[Footnote 77: _Anugitâ_, 3, 31 (_Sacred Books of the East_, viii. 243,
-361). Gellius, _Noctes Atticæ_, v. 13. 5.]
-
-[Footnote 78: Aeschylus, _Eumenides_, 270 _sq._]
-
-[Footnote 79: _Odyssey_, xvii. 485 _sqq._]
-
-[Footnote 80: _Hebrews_, xiii. 2.]
-
-The visiting stranger, however, is regarded not only as a potential
-benefactor, but as a potential source of evil. He may bring with him
-disease or ill-luck. He is commonly believed to be versed in
-magic;[81] and the evil wishes and curses of a stranger are greatly
-feared, owing partly to his quasi-supernatural character, partly to
-the close contact in which he comes with the host and his belongings.
-
-[Footnote 81: Frazer, _Golden Bough_, i. 298 _sqq._]
-
-In the Mentawey Islands, in the Malay Archipelago, "if a stranger
-enters a house where there are children, the father or some other
-member of the family who happens to be present, takes the ornament
-with which the children decorate their hair, and hands it to the
-stranger, who holds it in his hands for a while, and then gives it
-back"; this is supposed to protect the child from the evil effect
-which the eye of a stranger might have on it.[82] With reference to
-the Californian Pomo, Mr. Powers states, "Let a perfect stranger enter
-a wigwam and offer the lodge-father a string of beads for any object
-that takes his fancy--merely pointing to it, but uttering no word--and
-the owner holds himself bound in savage honour to make the exchange,
-whether it is a fair one or not." When we compare this idea of "savage
-honour" with certain cases mentioned in the last chapter, we cannot
-doubt that it is based on superstitious fear; indeed, the next day the
-former owner of the article "may thrust the stranger through with his
-spear, or crush his forehead with a pebble from his sling, and the
-bystanders will look {585} upon it as only the rectification of a bad
-bargain."[83] Among the African Herero "no curse is regarded as
-heavier than that which one who has been inhospitably treated would
-hurl at those who have driven him from the hearth."[84] According to
-Greek ideas, guests and suppliants had their Erinyes[85]
---personifications of their curses; and it would be difficult to
-attribute any other meaning to "the genius ([Greek: dai/môn]) and the
-god of the stranger, who follow in the train of Zeus," spoken of by
-Plato, and to the Roman _dii hospitales_, in their capacity of avengers
-of injuries done to guests. Aeschylus represents Apollo as saying, "I
-shall assist him (Orestes), and rescue my own suppliant; for terrible
-both among men and gods is the wrath of a refugee, when one abandons
-him with intent."[86] It is no doubt the same idea that the Chorus in
-the 'Suppliants' expresses, in a modified form, when singing:--"Grievous
-is the wrath of Zeus Petitionary. . . . I must needs hold in awe the
-wrath of Zeus Petitionary, for that is the supremest on earth."[87]
-Âpastamba's Aphorisms contain a sûtra the object of which is to show
-the absolute necessity of feeding a guest, owing to the fact that, "if
-offended, he might burn the house with the flames of his anger";[88]
-for "a guest comes to the house resembling a burning fire,"[89] "a
-guest rules over the world of Indra."[90] According to the Institutes
-of Vishnu, "one who has arrived as a guest and is obliged to turn home
-disappointed in his expectations, takes away from the man to whose
-house he has come his religious merit, and throws his own guilt upon
-him";[91] and the {586} same idea is found in many other ancient books
-of India.[92] That a dissatisfied guest, or a Brâhmana,[93] thus takes
-with him the spiritual merit of his churlish host, allows of a quite
-literal interpretation. In Morocco, a Shereef is generally unwilling
-to let a stranger kiss his hand, for fear lest the stranger should
-extract from him his _baraka_, or holiness; and the Shereefs of
-Wazzari are reputed to rob other Shereefs, who visit them, of their
-holiness, should the latter leave behind any remainder of their meals,
-even though it be only a bone.
-
-[Footnote 82: Rosenberg, _Der Malayische Archipel_, p. 198.]
-
-[Footnote 83: Powers, _op. cit._ p. 153. The same privilege as "the
-perfect stranger" possesses among the Pomo, was granted by the tribes
-of the Niger Delta to the Ibo girl who was destined to be offered as a
-sacrifice. She "was allowed to claim any piece of cloth or any
-ornament she set her eyes upon, and the native to whom it belonged was
-obliged to present it to her" (Comte de Cardi, 'Ju-ju Laws and
-Customs,' in _Jour. Anthr. Inst._ xxix. 54).]
-
-[Footnote 84: Ratzel, _History of Mankind_, 480.]
-
-[Footnote 85: Plato, _Epistolæ_, viii. 357. Apollonius Rhodius,
-_Argonautica_, iv. 1042 _sq._]
-
-[Footnote 86: Aeschylus, _Eumenides_, 232 _sqq._]
-
-[Footnote 87: _Idem_, _Supplices_, 349, 489.]
-
-[Footnote 88: _Sacred Books of the East_ ii. 114, n. 3.]
-
-[Footnote 89: _Âpastamba_, ii. 3. 6. 3.]
-
-[Footnote 90: _Laws of Manu_, iv. 182.]
-
-[Footnote 91: _Institutes of Vishnu_, lxvii. 33.]
-
-[Footnote 92: _Vasishtha_, viii. 6. _Laws of Manu_, ii. 100.
-_Hitopadesa_, Mitralâbhâ, 64.]
-
-[Footnote 93: _Vasishtha_, viii. 6. _Laws of Manu_, iii. 100.]
-
-The efficacy of a wish or a curse depends not only upon the potency
-which it possesses from the beginning, owing to certain qualities in
-the person from whom it originates, but also on the vehicle by which
-it is conducted--just as the strength of an electric shock depends
-both on the original intensity of the current and on the condition of
-the conductor. As particularly efficient conductors are regarded
-blood, bodily contact, food, and drink. In Morocco, the duties of a
-host are closely connected with the institution of _l-[(]âr_, one of
-the most sacred customs of that country. If a person desires to compel
-another to help him, or to forgive him, or, generally, to grant some
-request, he makes _[(]âr_ on him. He kills a sheep or a goat or only a
-chicken at the threshold of his house, or at the entrance of his tent;
-or he grasps with his hands either the person whom he invokes, or that
-person's child, or the horse which he is riding; or he touches him
-with his turban or a fold of his dress. In short, he establishes some
-kind of contact with the other person, to serve as a conductor of his
-wishes and of his conditional curses. It is universally believed that,
-if the person so appealed to does not grant the request, his own
-welfare is at stake, and that the danger is particularly great if an
-animal has been killed at his door, and he steps over the blood or
-only catches a glimpse of it. As appears from the expression, "This is
-_[(]âr_ on you if you do not do this or that," the blood, or {587} the
-direct bodily contact, is supposed to transfer to the other person a
-conditional curse:--If you do not help me, then you will die, or your
-children will die, or some other evil will happen to you. So also the
-owner of a house or a tent to which a person has fled for refuge must,
-in his own interest, assist the fugitive, who is in his _[(]âr_; for,
-by being in his dwelling, the refugee is in close contact with him and
-his belongings. Again, the restraint which a common meal lays on those
-who partake of it is conspicuous in the usual practice of sealing a
-compact of friendship by eating together at the tomb of some saint.
-The true meaning of this is made perfectly clear by the phrase that
-"the food will repay" him who breaks the compact. The sacredness of
-the place adds to the efficacy of the imprecation, but its vehicle,
-the real punisher, is the eaten food, because it embodies a
-conditional curse.
-
-Now the idea underlying these customs is certainly not restricted to
-Morocco. As will be shown in subsequent chapters, blood is very
-commonly used as a conductor of conditional curses; for instance, one
-object of the practice of sacrifice is to transfer an imprecation to
-the god by means of the blood of the victim. Bodily contact is another
-common means of communicating curses; and this accounts for many
-remarkable cases of compulsory hospitality and protection which have
-been noticed in different quarters of the world. In Fiji "the same
-native who within a few yards of his house would murder a coming or
-departing guest for sake of a knife or a hatchet, will defend him at
-the risk of his own life as soon as he has passed his threshold."[94]
-In the Pelew Islands "an enemy may not be killed in a house,
-especially not in the presence of the host."[95] If an Ossetian
-receives into his house a stranger whom he afterwards discovers to be
-a man to whom he owes blood-revenge, this makes no difference in his
-hospitality; but when the guest takes his leave, the {588} host
-accompanies him to the boundary of the village, and on parting from
-him exclaims, "Henceforth beware!"[96] Among the Kandhs, if a man can
-make his way by any means into the house of his enemy he cannot be
-touched, even though his life has been forfeited to his involuntary
-host by the law of blood-revenge.[97] In none of these cases is an
-explanation given of the extraordinary privilege granted to the
-stranger; but it seems highly probable that it has the same origin as
-the exactly similar custom prevalent among the Moors. In other words,
-as soon as the stranger has come in touch with a person by entering
-his house, he is thought to be able to transmit to that person and his
-family and his property any evil wishes he pleases. So, also, in the
-East any stranger may place himself under the protection of an Arab by
-merely touching his tent or his tent-ropes,[98] and after this is done
-"it would be reckoned a disgraceful meanness, an indelible shame, to
-satisfy even a just vengeance at the expense of hospitality."[99]
-"Amongst the Shammar," says Layard, "if a man can seize the end of a
-string or thread, the other end of which is held by his enemy, he
-immediately becomes his Dakheel [or _protégé_]. If he touch the canvas
-of a tent, or can even throw his mace towards it, he is the Dakheel of
-its owner. If he can spit upon a man or touch any article belonging to
-him with his teeth, he is Dakhal, unless of course, in case of theft,
-it be the person who caught him. . . . The Shammar never plunder a
-caravan within sight of their encampment, for as long as a stranger
-can see their tents they consider him their Dakheel."[100] But one of
-the Bedouin tribes described by Lady Anne and Mr. Blunt, whilst ready
-to rob the stranger who comes to their tents, {589} "count their
-hospitality as beginning only from the moment of his eating with
-them."[101] All Bedouins regard the eating of "salt" together as a
-bond of mutual friendship, and there are tribes who quite in
-accordance with the Moorish principle, "the food will repay
-you"--require to renew this bond every twenty-four hours, or after two
-nights and the day between them, since otherwise, as they say, "the
-salt is not in their stomachs,"[102] and can therefore no longer
-punish the person who breaks the contract. The "salt" which gives a
-claim to protection consists in eating even the smallest portion of
-food belonging to the protector.[103] The Sultan Saladin did not allow
-the Crusader Renaud de Chatillon, when brought before him as a
-prisoner, to quench his thirst in his tent, for, had he drunk water
-there, the enemy would have been justified in regarding his life as
-safe.[104] We find a similar custom among the Omaha Indians: "should
-an enemy appear in the lodge and receive a mouthful of food or water,
-or put the pipe in his mouth, he cannot be injured by any member of
-the tribe, as he is bound for the time being by the ties of
-hospitality, and they are compelled to protect him and send him home
-in safety."[105] In these and similar cases, where there is no common
-meal, the guest may nevertheless transmit to his host a curse by the
-exceedingly close contact established between him and the food or
-drink or tobacco of the host, according to the principle of _pars pro
-toto_. This is an idea very familiar to the primitive mind. It lies,
-for instance, at the bottom of the common belief that a person may
-bewitch his enemy by getting hold of some of his spittle or some
-leavings of his food--a belief which has led to the custom of guests
-carrying away with them all they are unable to eat of the food which
-is placed before them, {590} out of dread lest the residue of their
-meal should be eaten by somebody else.[106] The magic wire may conduct
-imprecations in either direction. In Morocco, if a person gives to
-another some food or drink, it is considered dangerous, not only for
-the recipient to receive it without saying, "In the name of God," but
-also for the giver to give it without uttering the same formula, by
-way of precaution.[107]
-
-[Footnote 94: Wilkes, _U.S. Exploring Expedition_, iii. 77.]
-
-[Footnote 95: Kubary, 'Die Palau-Inseln in der Südsee,' in _Journal
-des Museum Godeffroy_, iv. 25.]
-
-[Footnote 96: von Haxthausen, _Transcaucasia_, p. 412.]
-
-[Footnote 97: Macpherson, _Memorials of Service in India_, p. 66.]
-
-[Footnote 98: Robertson Smith, _Kinship and Marriage in Early Arabia_,
-p. 48. Blunt, _Bedouin Tribes of the Euphrates_, ii. 211.]
-
-[Footnote 99: Chasseb[oe]uf de Volney, _op. cit._ i. 412.]
-
-[Footnote 100: Layard, _op. cit._ p. 317 _sq._ Burckhardt says
-(_Bedouins and Wahábys_, p. 72) that one of the most common oaths in
-the domestic life of the Bedouins is "to take hold with one hand of
-the _wasat_, or middle tent-pole, and to swear 'by the life of this
-tent and its owners.'"]
-
-[Footnote 101: Blunt, _op. cit._ ii. 211.]
-
-[Footnote 102: Burton, _Pilgrimage to Al-Madinah and Meccah_, ii. 112.
-Doughty, _op. cit._ i. 228.]
-
-[Footnote 103: Burckhardt, _Bedouins and Wahábys_, p. 187. Quatremère,
-'Mémoire sur les asiles chez les Arabes,' in _Mémoires de l'Institut
-de France, Académie des Inscriptions et Belles-Lettres_, xv. pt. ii.
-346 _sqq._]
-
-[Footnote 104: Quatremère, _loc. cit._ p. 346.]
-
-[Footnote 105: Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur. Ethn._
-iii. 271.]
-
-[Footnote 106: Shortland, _Traditions and Superstitions of the New
-Zealanders_, pp. 86, 97. _Cf._ Ellis, _Tour through Hawaii_, p. 347;
-Harmon, _op. cit._ p. 361 (Indians on the east side of the Rocky
-Mountains).]
-
-[Footnote 107: Isaac also blessed his son by eating of _his_ food
-(_Genesis_, xxvii. 4, 19, 24). The subject of hospitality has been
-incidentally dealt with by Mr. Crawley in his interesting book, _The
-Mystic Rose_ (p. 239 _sqq._; _cf._, also, p. 124 _sqq._). I must leave
-the reader to decide how far the theory I am here advocating, which
-mainly rests upon my researches in Morocco, coincides with his. All
-through his book Mr. Crawley lays much emphasis on the principle of
-transference; but, if I understand him rightly, he also regards
-commensality as involving a supposed "exchange of personality" between
-the host and the guest, in consequence of which "injury done to B by A
-is equivalent to injury done by A to himself" (p. 237). To this
-opinion I cannot subscribe (_cf._ _infra_, on the Origin and
-Development of the Altruistic Sentiment). So far as I can see, the
-mutual obligations arising from eating together are fundamentally
-based on the idea that the common meal serves as a conductor of
-conditional imprecations.]
-
-The stranger thus being looked upon as a more or less dangerous
-individual, it is natural that those who are exposed to the danger
-should do what they can to avert it. With this end in view certain
-ceremonies are often performed immediately on his arrival. Many such
-reception ceremonies have been described by Dr. Frazer,[108] but I
-shall add a few others which seem to serve the object of either
-transferring to the stranger conditional curses or purifying him from
-dangerous influences. I am told by a native that among some of the
-nomadic Arabs of Morocco, as soon as a stranger appears in the
-village, some water, or, if he be a person of distinction, some milk,
-is presented to him. Should he refuse to partake of it, he is not
-allowed to go freely about, but has to stay in the village mosque. On
-asking for an explanation of this custom, I was told that it is a
-precaution against the stranger; should he steal or otherwise
-misbehave himself, the drink would cause his knees to swell so that he
-could not escape. In other words, he has drunk a conditional
-curse.[109] The {591} Arabs of a tribe in Nejd "welcome" a guest by
-pouring on his head a cup of melted butter,[110] the South African
-Herero greet him with a vessel of milk.[111] Sir S. W. Baker describes
-a reception custom practised by the Arabs on the Abyssinian frontier,
-which is exactly similar to one form of _l-[(]âr_ of the Moors:--"The
-usual welcome upon the arrival of a traveller, who is well received in
-an Arab camp, is the sacrifice of a fat sheep, that should be
-slaughtered at the door of his hut or tent, so that the blood flows to
-the threshold."[112] Reception sacrifices also occur among the
-Shulis,[113] in Liberia,[114] and in Afghanistan.[115] Among the
-Indians of North America, again, it is a common rule that a dish of
-food should be placed before the new-comer immediately on his arrival,
-that he should taste of it even though he has just arisen from a
-feast, and that no word should be spoken to him or no question put to
-him until he has partaken of the food.[116] Among the Omahas "the
-master of the house is evidently ill at ease, until the food is
-prepared for eating; he will request his squaws to expedite it, and
-will even stir the fire himself."[117] Among many peoples it is
-considered necessary that the host should give food to his guest
-before he eats himself. This is a rule on which much stress is laid in
-the literature of ancient India.[118] A Brâhmana never takes food
-"without having offered it duly to gods and guests."[119] "He who eats
-before his guest consumes the rood, the prosperity, the issue, the
-cattle, the merit which his family acquired by sacrifices and
-charitable works."[120] It is probable that this punishment has
-something to do {592} with the evil eye of the neglected guest, for
-the idea of eating the evil wishes of others was evidently quite
-familiar to the ancient Hindus. It is said in Âpastamba's
-Aphorisms:--"A guest who is at enmity with his host shall not eat his
-food, nor shall he eat the food of a host who hates him or accuses him
-of a crime, or of one who is suspected of a crime. For it is declared
-in the Veda that he who eats the food of such a person eats his
-guilt."[121] In Tonga Islands, "at meals strangers or foreigners are
-always shewn a preference, and females are helped before men of the
-same rank"--according to our informant, "because they are the weaker
-sex and require attention."[122] As to the correctness of this
-explanation, however, I have some doubts; the Moors, also, at their
-feasts, allow the women to eat first, and one reason they give for
-this custom is that otherwise the hungry women might injure the men
-with their evil eyes. In Hawaii the host and his family do not at all
-partake of the entertainment with which a passing visitor is generally
-provided on arriving among them;[123] and that their abstinence is due
-to superstitious fear is all the more probable as, among the same
-people, it is the custom for the guest invariably to carry away with
-him all that remains of the entertainment.[124]
-
-[Footnote 108: Frazer, _Golden Bough_, i. 299 _sqq._]
-
-[Footnote 109: _Cf._ the "trial of jealousy" in _Numbers_. v. 11
-_sqq._, particularly verse 22: "This water that causeth the curse
-shall go into thy bowels, to make thy belly to swell, and thy thigh
-to rot."]
-
-[Footnote 110: Burckhardt, _Bedouins and Wahábys_, p. 102.]
-
-[Footnote 111: Ratzel, _op. cit._ ii. 480.]
-
-[Footnote 112: Baker, _Nile Tributaries of Abyssinia_, p. 94.]
-
-[Footnote 113: _Emin Pasha in Central Africa_, p. 107.]
-
-[Footnote 114: Trumbull, _Threshold Covenant_, p. 9.]
-
-[Footnote 115: Frazer, _Golden Bough_, i. 303.]
-
-[Footnote 116: Lafitau, _op. cit._ ii. 88. James, _Expedition to the
-Rocky Mountains_, i. 321 _sq._ Morgan, _League of the Iroquois_, p.
-328. Sproat, _op. cit._ p. 57 (Ahts).]
-
-[Footnote 117: James, _op. cit._ i. 322.]
-
-[Footnote 118: _Gautama_, v. 25.]
-
-[Footnote 119: _Mahabharata_, Shanti Parva, clxxxix. 2 _sq._, pt.
-xxviii. _sq._ p. 281.]
-
-[Footnote 120: _Âpastamba_, ii. 3. 7. 3.]
-
-[Footnote 121: _Ibid._ ii. 3. 6. 19 _sq._ _Cf._ _Proverbs_, xxiii. 6:
-"Eat not the bread of him that hath an evil eye."]
-
-[Footnote 122: Mariner, _op. cit._ ii. 154.]
-
-[Footnote 123: Ellis, _Tour through Hawaii_, p. 347.]
-
-[Footnote 124: _Ibid._ p. 347.]
-
-Among the precautions taken against the visiting stranger kind and
-respectful treatment is of particularly great importance. No traveller
-among an Arabic-speaking people can fail to notice the contrast
-between the lavish welcome and the plain leave-taking. The profuse
-greetings mean that the stranger will be treated as a friend and not
-as an enemy; and it is particularly desirable to secure his good-will
-in the beginning, since the first glance of an evil eye is always held
-to be the most dangerous. We can now realise that the extreme regard
-shown to a guest, and the preference given to him in every matter,
-must, in a {593} large measure, be due to fear of his anger, as well
-as to hope of his blessings. Even the peculiar custom which requires a
-host to lend his wife to a guest becomes more intelligible when we
-consider the supposed danger of the stranger's evil eye or his curses,
-as also the benefits which may be supposed to result from his
-love.[125] And when the guest leaves, it is wise of the host to accept
-no reward; for there maybe misfortune in the stranger's
-gift.
-
-[Footnote 125: Egede informs us (_op. cit._ p. 140) that the native
-women of Greenland thought themselves fortunate if an Angekokk, or
-"prophet," honoured them with his caresses; and some husbands even
-paid him for having intercourse with their wives, since they believed
-that the child of such a holy man could not but be happier and better
-than others. Some similar belief may be held in regard to intercourse
-with a guest, though I can adduce no direct evidence for my
-supposition. _Cf._ also the _jus primae noctis_ accorded to priests
-(Westermarck, _History of Human Marriage_, p. 76 _sq._; _cf._ _ibid._
-p. 80).]
-
-That hospitality should be free of cost is implied in the very meaning
-of the word. Wherever the custom of entertaining guests has been
-preserved pure and genuine, remuneration is neither asked nor
-expected; indeed, to offer payment would give offence, and to accept
-it would be disgraceful.[126] Such a custom might no doubt result from
-absence or scarcity of money, as it cannot be expected that the
-wandering stranger shall carry with him heavy presents to all his
-future hosts; and where the intercourse is mutual, the hospitable man
-may hope one day to be paid back in his own coin. But it seems likely
-that the custom of not receiving payment from a guest is largely due
-to that same dread of strangers which underlies many other rules of
-hospitality. The acceptance of gifts is frequently considered to be
-connected with some danger. According to rules laid down in the sacred
-books of India, he who is about to accept gifts, or he who has
-accepted gifts, must repeatedly recite the four Vedic verses called
-Taratsamandîs;[127] or all gifts are to be preceded by pouring out
-{594} water into the extended palm of the recipient's right hand,[128]
-evidently because the water is supposed to cleanse the gift from the
-baneful energy with which it may be saturated. On the other hand,
-"without a full knowledge of the rules prescribed by the sacred law
-for the acceptance of presents, a wise man should not take anything,
-even though he may pine with hunger. But an ignorant man who accepts
-gold, land, a horse, a cow, food, a dress, sesamum-grains, or
-clarified butter, is reduced to ashes like a piece of wood. . . .
-Hence an ignorant man should be afraid of accepting any presents; for
-by reason of a very small gift even a fool sinks into hell as a cow
-into a morass."[129] Moreover, a gift, to be accepted by a Brâhmana,
-ought to be given voluntarily, not to be asked for.[130] So, too,
-Hebrew writers are anxious to inculcate the duty of giving alms with
-an ungrudging eye, as also of not giving anything before
-witnesses--the latter, perhaps, with a view to preventing the evil
-influence which is likely to emanate from an envious spectator.[131]
-An Atlas Berber, who had probably never before had anything to do with
-a European, spat on the coin which I gave him for rendering me a
-service, and my native friends told me that he did so for fear lest
-the coin, owing to some sorcery on my part, should not only itself
-return to me, but at the same time take with it all the money with
-which it had been in contact in his bag. Of the Annamites it is said
-that "for fear of bringing ill-luck into the place the people even
-decline presents."[132]
-
-[Footnote 126: Veniaminof, quoted by Dall, _op. cit._ p. 397 (Aleuts).
-Bartram, in _Trans. American Ethn. Soc._ iii. pt. i. 42. Foreman,
-_Philippine Islands_, p. 187 (Tagalogs). Hunter, _Annals of Rural
-Bengal_, i. 216. Bogle, _Narrative of Mission to Tibet_, p. 109 _sq._
-Vámbéry, _Das Türkenvolk_, p. 614 (Turks in Asia Minor). Robinson,
-_Biblical Researches in Palestine_, ii. 18 _sq._; Burton, _Pilgrimage
-to Al-Madinah & Meccah_, i. 36; Blunt, _op. cit._ ii. 212; Lane,
-_Modern Egyptians_, p. 297 (Bedouins). Krauss, _Die Südslaven_, p. 648.]
-
-[Footnote 127: _Baudhâyana_, iv. 2. 4.]
-
-[Footnote 128: _Âpastamba_, ii. 4. 9. 8. Bühler, in _Sacred Books of
-the East_, ii. 122, n. ^8]
-
-[Footnote 129: _Laws of Manu_, iv. 187, 188, 191.]
-
-[Footnote 130: _Ibid._ iv. 247 _sq._]
-
-[Footnote 131: _Tobit_, iv. 7. Kohler, in _Jewish Encyclopedia_, i.
-436. _Cf._ _St. Matthew_, vi. 1 _sqq._; Brandt, _Mandäische
-Schriften_, pp. 28, 64: "If you give alms do not do it before
-witnesses." The Mandæans were also forbidden to eat food prepared by a
-stranger or to take a meal in his company (Brandt, _Mandäische
-Religion_, p. 94).]
-
-[Footnote 132: Ratzel, _op. cit._ iii. 418.]
-
-The duty of hospitality is probably always limited by time, even
-though, among some peoples, a guest is said to be entertained as long
-as he pleases to stay.[133] According {595} to Teutonic custom, a
-guest might tarry only up to the third day.[134] The Anglo-Saxon rule
-was, "Two nights a guest, the third night one of the household," that
-is, a slave.[135] A German proverb says, "Den ersten Tag ein Gast, den
-zweiten eine Last, den dritten stinkt er fast."[136] So, also, the
-Southern Slavs declare that "a guest and a fish smell on the third
-day."[137] Burckhardt states that, among the Bedouins, if the stranger
-intends to prolong his visit after a lapse of three days and four
-hours from the time of his arrival, it is expected that he should
-assist his host in domestic matters; should he decline this, "he may
-remain, but will be censured by all the Arabs of the camp."[138] The
-Moors say that "the hospitality of the Prophet lasts for three days";
-the first night the guest is entertained most lavishly, for then, but
-only then, he is "the guest of God." The Prophet laid down the
-following rule: "Whoever believes in God and the day of resurrection,
-must respect his guest; and the time of being kind to him is one day
-and one night; and the period of entertaining him is three days; and
-after that, if he does it longer, he benefits him more; but it is not
-right for a guest to stay in the house of the host so long as to
-incommode him."[139] According to Javanese custom, it is a point of
-honour to supply a stranger with food and accommodation for a day and
-a night at least.[140] Among the Kalmucks special honour is paid to a
-stranger for one day only, whereas, if he remains longer, he is
-treated without ceremonies.[141] Growing familiarity with the stranger
-naturally tends to dispel the superstitious dread which he inspired at
-first, and this, combined with the feeling that it is unfair of him to
-live at his host's expense longer than necessity requires, seems to
-account for the {596} rapid decline of his extraordinary privileges
-and for the short duration of his title to hospitable treatment.
-
-[Footnote 133: Veniaminof, quoted by Dall, _op. cit._ p. 397 (Aleuts).
-Morgan, _League of the Iroquois_, p. 328. Bartram, in _Trans. American
-Ethn. Soc._ iii. pt. i. 42 (Creeks and Cherokee Indians).]
-
-[Footnote 134: Grimm, _Deutsche Rechtsalterthümer_, p. 400. Weinhold,
-_Altnordisches Leben_, p. 447.]
-
-[Footnote 135: Quoted in _Leges Edwardi Confessoris_, 23: "Tuua nicte
-geste þe þirdde nicte agen hine." _Cf._ _Laws of Cnut_, ii. 28; _Laws
-of Hlothhære and Eadric_, 15; _Leges Henrici I._ viii. 5.]
-
-[Footnote 136: Weinhold, _op. cit._ p. 447.]
-
-[Footnote 137: Krauss, _op. cit._ p. 658.]
-
-[Footnote 138: Burckhardt, _Bedouins and Wahábys_, p. 101 _sq._]
-
-[Footnote 139: Lane, _Arabian Society_, p. 142 _sq._]
-
-[Footnote 140: Crawfurd, _op. cit._ i. 53.]
-
-[Footnote 141: Bergmann, _op. cit._ ii. 285.]
-
-Contrary to what is the case with other duties which men owe to their
-fellow-creatures, in every progressive society we find hospitality on
-the wane. In the later days of Greece and Rome it almost dwindled into
-a survival.[142] In the Middle Ages hospitality was extensively
-practised by high and low; it was enjoined by the tenets of
-Chivalry,[143] and the poorer people, also, considered it disgraceful
-to refuse to share their meals with a needy stranger.[144] However, in
-the reign of Henry IV., Thomas Occlif complains of the decline of
-hospitality in England; and in the middle of the Elizabethan age,
-Archbishop Sandys says that "it is come to pass that hospitality
-itself is waxen a stranger."[145] The reasons for this decline are not
-difficult to find. Increasing intercourse between different
-communities or different countries not only makes hospitality an
-intolerable burden, but leads to the establishment of inns, and thus
-hospitality becomes superfluous. It habituates the people to the sight
-of strangers, and, in consequence, deprives the stranger of that
-mystery which surrounds the lonely wanderer in an isolated district
-whose inhabitants have little communication with the outside world.
-And, finally, increase of intercourse gives rise to laws which make an
-individual protector needless, by placing the stranger under the
-protection of the State.
-
-[Footnote 142: Becker-Goll, _Charikles_, ii. 3 _sqq._ _Idem_,
-_Gallus_, iii. 28 _sqq._]
-
-[Footnote 143: Sainte-Palaye, _Mémoires sur l'ancienne chevalerie_,
-i. 310.]
-
-[Footnote 144: Wright, _Domestic Manners and Sentiments in England
-during the Middle Ages_, p. 329 _sqq._]
-
-[Footnote 145: Sandys, _Sermons_, p. 401.]
-
-
-
-
-CHAPTER XXV
-
-THE SUBJECTION OF CHILDREN
-
-
-FROM the modes of conduct which affect the life or bodily welfare of a
-fellow-creature we shall pass to those relating to personal freedom.
-In its absolute form the right of liberty may be granted to a perfect
-being, but has no existence on earth. Ever since the conduct of men
-became subject to moral censure, the right of doing what they pleased
-was _eo ipso_ denied them; and in resisting wrong men have not only in
-various ways interfered with the liberty of their fellow-creatures,
-but have considered such interference to be their right or even their
-duty. As to the question what conduct is wrong opinions have differed,
-and so also as to the proper means of interference; but with neither
-of these questions are we concerned at present. Nor shall I deal with
-the subject of political liberty, nor with such restrictions as people
-lay on their own freedom by contract. I shall only consider facts
-bearing upon that state of subjection to which large classes of
-individuals are doomed by custom or law, on account of their birth or
-other circumstances beyond their own control--the subjection of
-children, wives, and slaves to their parents, husbands, or masters.
-
-Among the lower races every family has its head, who exercises more or
-less authority over its members. In some instances where the maternal
-system of descent prevails, a man's children are in the power of the
-head of {598} their mother's family or of their maternal uncle;[1] but
-this is by no means the rule even among peoples who reckon kinship
-through females only. The facts which have been adduced as examples of
-the so-called "mother-right" in most instances imply, chiefly, that
-children are named after their mothers, not after their fathers, and
-that property and rank descend exclusively in the female line;[2] and
-this is certainly very different from a denial of paternal rights.[3]
-Among those Australian tribes which have the system of maternal
-descent the father is distinctly said to be the master of his
-children.[4] In Melanesia, where the clan of the children is
-determined by that of the mother, she is, to quote Dr. Codrington, "in
-no way the head of the family. The house of the family is the
-father's, the garden is his, the rule and government are his."[5] As
-regards the Iroquois--among whom, at the death of a man, his property
-is divided between his brothers, sisters, and mother's brothers,
-whilst the property of a woman is transmitted to her children and
-sisters[6]--we are told that the mother superintends the children, but
-that the word of the father is law and must be obeyed by the whole
-household.[7] Among the Mpongwe, who reckon kinship through the
-mother, the father has by law unrestricted power over his children.[8]
-And in Madagascar, where children generally follow the condition of
-the mother,[9] the commands of a father or an ancestor are, among all
-the tribes, "held as most sacredly binding upon his descendants."[10]
-Whatever might have been the case in earlier times, it is a fact
-beyond dispute that among the great bulk of existing savages children
-are in the power of {599} their father, though he may to some extent
-have to share his authority with the mother.
-
-[Footnote 1: Westermarck, _History of Human Marriage_, p. 40 _sq._
-Grosse, _Die Formen der Familie_, p. 183 _sq._ Post, _Afrikanische
-Jurisprudenz_, i. 51 _sq._ Marsden, _History of Sumatra_, p. 262 _sq._]
-
-[Footnote 2: Westermarck, _op. cit._ p. 97.]
-
-[Footnote 3: See von Dargun, _Mutterrecht und Vaterrecht_, p. 3 _sqq._]
-
-[Footnote 4: Curr, _The Australian Race_, i. 60, 61, 69.]
-
-[Footnote 5: Codrington, _Melanesians_, p. 34.]
-
-[Footnote 6: Westermarck, _op. cit._ p. 110.]
-
-[Footnote 7: Seaver, _Narrative of the Life of Mrs. Mary Jemison_,
-p. 165.]
-
-[Footnote 8: Hübbe-Schleiden, _Ethiopien_, pp. 151, 153.]
-
-[Footnote 9: Westermarck, _op. cit._ p. 103.]
-
-[Footnote 10: Sibree, _The Great African Island_, p. 326.]
-
-The extent of the father's power, however, is subject to great
-variations. Among some savage peoples, as we have seen, he may destroy
-his new-born child; among others infanticide is prohibited by custom.
-Among some he may sell his children,[11] among others such a right is
-expressly denied him.[12] Frequently he gives away his daughter in
-marriage without consulting her wishes; but in other cases her own
-consent is required, or she is allowed to choose her husband
-herself.[13] Marriage by purchase does not imply that "a girl is sold
-by her father in the same manner, and with the same authority, with
-which he would dispose of a cow."[14] It seems that the paternal
-authority is always in some degree limited by public opinion. Among
-the Káfirs of the Hindu-Kush, for instance, though the head of the
-house is described as an autocrat in his own family, the son, backed
-by public opinion, may, and does, openly quarrel with and threaten his
-father in cases when the father's actions have been of a particularly
-gross character.[15]
-
-[Footnote 11: Schadenberg, 'Negritos der Philippinen,' in _Zeitschr.
-f. Ethnologie_, xii. 137. Post, _Afrikanische Jurisprudenz_, i. 51
-_sq._ (Bogos, Fantis, Dahomans). Paulitschke, _Ethnographie
-Nordost-Afrikas_, p. 189. Leuschner, in Steinmetz, _Rechtsverhältnisse_,
-p. 16 _sq._ (Bakwiri). Among the Banaka and Bapuku, in the Cameroons,
-the father may give his daughter in payment for a debt, but not his
-son (_ibid._ p. 31).]
-
-[Footnote 12: Kraft, in Steinmetz, _Rechtsverhältnisse_, p. 285
-(Wapokomo). Rautanen, _ibid._ p. 329 (Ondonga).]
-
-[Footnote 13: Westermarck, _op. cit._ p. 215 _sqq._]
-
-[Footnote 14: Leslie, _Among the Zulus and Amatongas_, p. 194.
-Westermarck, _op. cit._ ch. x.]
-
-[Footnote 15: Robertson, _Káfirs of the Hindu-Kush_, p. 474.]
-
-The essence of dependence lies in obedience and submission. To judge
-from what is said about children's behaviour towards their parents,
-the authority of the father must among some savages be practically
-very slight.
-
-The South American Charruas "ne défendent rien à leurs enfans, et
-ceux-ci n'ont aucun respect pour leurs pères."[16] Among the Brazilian
-Indians, according to von Martius, respect and obedience on the part
-of children towards their parents are unknown.[17] {600} Among the
-Tarahumares of Mexico "the children grow up entirely independent, and
-if angry a boy may even strike his father."[18] We are told that among
-the Aleuts parents "scarcely ever enjoy so much authority as to compel
-their own children to shew them the least obedience, or to go a single
-step in their service";[19] but this does not seem to hold good of all
-of their tribes.[20] Of the Kamchadales Steller states that the
-children insult their parents with all sorts of bad talk, stand in no
-fear of them, obey them in nothing, and are consequently never
-commanded to do anything, nor punished.[21]
-
-[Footnote 16: Azara, _Voyages dans l'Amérique méridionale_, ii. 23.]
-
-[Footnote 17: von Martius, in _Jour. Roy. Geo. Soc._ ii. 199. _Cf._
-Southey, _History of Brazil_, iii. 387 (Guaycurus).]
-
-[Footnote 18: Lumholtz, _Unknown Mexico_, p. 275.]
-
-[Footnote 19: Georgi, _Russia_, iii. 212.]
-
-[Footnote 20: Veniaminof, quoted by Petroff, 'Report on Alaska,' in
-_Tenth Census of the United States_, pp. 155, 158.]
-
-[Footnote 21: Steller, _Beschreibung von dem Lande Kamtschatka_, p.
-353. _Cf._ Georgi, _op. cit._ iii. 158.]
-
-Other savages, again, are by no means deficient in filial piety.[22]
-
-[Footnote 22: Im Thurn, _Among the Indians of Guiana_, p. 213.
-Schwaner, _Borneo_, i. 162 (Malays of the Barito River in Borneo).
-Worcester, _Philippine Islands_, p. 481. Lewin, _Hill Tracts of
-Chittagong_, p. 102 (Kukis). Vámbéry, _Türkenvolk_, p. 268
-(Kara-Kirghiz). Macpherson, _Memorials of Service in India_, p. 67;
-Hunter, _Annals of Rural Bengal_, iii. 72 (Kandhs). Granville and
-Roth, in _Jour. Anthr. Inst._ xxviii. 109 (Jekris of the Warri
-District of the Niger Coast Protectorate). Stuhlmann, _Mit Emin Pascha
-ins Herz von Afrika_, p. 801 (Latuka).]
-
-Among various Eskimo[23] and North American Indian tribes[24]
-children are described as very obedient to their parents. Parry says
-of the Eskimo of Winter Island and Igloolik that disobedience is
-scarcely ever known, and that "a word or even a look from a parent is
-enough."[25] The Potawatomis hold the violation of the advice and
-directions of their parents one of the most atrocious crimes.[26] In
-Tonga "filial duty is a most important duty and appears to be
-universally felt."[27] One of the chief duties which the Ainos taught
-their children was obedience to parents.[28] Among the Central Asiatic
-Turks a son, whilst young, behaves as if he were his father's
-slave.[29] Among the {601} Ossetes "the authority of the head of the
-family, whether grandfather, father, stepfather, uncle, or elder
-brother, is submitted to unconditionally; the young men never sit in
-his presence, nor speak with a loud voice, nor contradict him."[30]
-Among the Barea and Kunáma "a father and a mother are respected to the
-utmost degree. A son never dares to contradict his parents nor oppose
-their commands, however unjust they be. The mother particularly is
-much beloved and tenderly cared for at her old age."[31] Among the
-Mandingoes children "have a great veneration for their parents," and
-"would feel extreme reluctance to disobey their father."[32] Of the
-Bachapins, a Bechuana tribe, it is said that **"filial obedience is
-strenuously enforced."[33] Among the Kafirs "any one who should fail
-in respect for his father, or show any neglect of him, would draw on
-himself the contempt of the whole horde; there have been even
-instances in which want of filial duty has been punished with infamy
-and banishment."[34]
-
-[Footnote 23: Hall, _Arctic Researches_, p. 568. Boas, 'Central
-Eskimo,' in _Ann. Rep. Bur. Ethn._ vi. 566. Murdoch, 'Ethnol. Results
-of the Point Barrow Expedition,' _ibid._ ix. 417. Turner, 'Ethnology
-of the Ungava District,' _ibid._ xi. 191 (Koksoagmyut).]
-
-[Footnote 24: Turner, in _Ann. Rep. Bur. Ethn._ xi. 269 (Hudson Bay
-Indians). Heriot, _Travels through the Canadas_, p. 530. Harmon,
-_Journal of Voyages_, p. 347 (Indians on the east side of the Rocky
-Mountains).]
-
-[Footnote 25: Parry, _Journal of a Second Voyage for the Discovery of
-a North-West Passage_, p. 530.]
-
-[Footnote 26: Keating, _Expedition to the Source of St. Peter's
-River_, i. 127.]
-
-[Footnote 27: Mariner, _Natives of the Tonga Islands_, ii. 179.]
-
-[Footnote 28: Batchelor, _Ainu and their Folk-Lore_, p. 254.]
-
-[Footnote 29: Vámbéry, _op. cit._ p. 226.]
-
-[Footnote 30: von Haxthausen, _Transcaucasia_, p. 414 _sq._]
-
-[Footnote 31: Munzinger, _Ostafrikanische Studien_, p. 474.]
-
-[Footnote 32: Caillié, _Travels through Central Africa_, i. 352 _sq._]
-
-[Footnote 33: Burchell, _Travels in the Interior of Southern Africa_,
-ii. 557.]
-
-[Footnote 34: Lichtenstein, _Travels in Southern Africa_, i. 265.
-Alberti, _De Kaffers aan de Zuidkust van Afrika_, p. 116 _sqq._
-Shooter, _Kafirs of Natal_, p. 98.]
-
-The period during which the paternal authority lasts varies. The
-daughter is in her father's power till she marries, and as a rule no
-longer;[35] but in some instances his authority over her continues
-even after her marriage.[36] This, we have reason to believe, is
-particularly the case when the husband, on marrying, does not take his
-wife to his own home, but goes himself to live with her in the house
-or community of her father.[37] A father's authority over his son
-frequently comes to an end as the young man {602} grows up. Among the
-Fuegians a son becomes independent of his parents at a very early age,
-being allowed to leave their wigwam if he pleases.[38] Among the
-Togiagamutes, an Eskimo tribe, "the youth, as soon as he is able to
-build a kaiak and to support himself, no longer observes any family
-ties but goes where his fancy takes him."[39] Of the Australian
-natives it is said that sons become independent when they have gone
-through the ceremonies by which they attain to the _status_ of
-manhood;[40] among the Bangerang tribe of Victoria "after his twelfth
-year or so the boy was very little subject to the father, though
-parental affection always endured."[41] Among the Bedouins "the young
-man, as soon as it is in his power, emancipates himself from the
-father's authority, still paying him some deference as long as he
-continues in his tent; but whenever he can become master of a tent
-himself (to obtain which is his constant endeavour), he listens to no
-advice, nor obeys any earthly command but that of his own will."[42]
-That a son is emancipated from the father's power by getting
-full-grown or by leaving the household is probably the rule among the
-great majority of the lower races.[43] But here again instances to the
-contrary are not wanting.[44] In Flores the sons even of rich families
-are dressed like slaves at public feasts, so long as the father lives,
-as also at his funeral. This, our authority adds, is apparently the
-external sign of a strict _patria potestas_, which remains in force
-till the funeral; until then the son is the father's slave.[45]
-
-[Footnote 35: See, _e.g._, Leuschner, in Steinmetz, _Rechtsverhältnisse_,
-p. 17 (Bakwiri); Fama Mademba, _ibid._ p. 65 (natives of the
-Sansanding States); Nicole, _ibid._ p. 100 (Diakité); Lang, _ibid._ p.
-224 (Washambala); Kraft, _ibid._ p. 286 (Wapokomo); Marx, _ibid._ p.
-349 (Amahlubi); Sorge, _ibid._ p. 404 (Nissan Islanders of the
-Bismarck Archipelago).]
-
-[Footnote 36: See, _e.g._, Beverley, in Steinmetz, _Rechtsverhältnisse_,
-p. 206. What is said, _ibid._ p. 31, concerning the Banaka and Bapuku
-does not seem to agree with the statement p. 30, that the husband is
-the head of his household and the possessor of his wives.]
-
-[Footnote 37: _Cf._ Mazzarella, _La condizione giuridica del marito
-nella famiglia matriarcale_, _passim_; _infra_, on the Subjection of
-Wives. The point in question, like the whole subject of the father's
-authority among the lower races, requires much further investigation.]
-
-[Footnote 38: Bove, _Patagonia, Terra del Fuoco_, p. 133.]
-
-[Footnote 39: Petroff, _loc. cit._ p. 135.]
-
-[Footnote 40: Curr, _The Australian Race_, i. 61.]
-
-[Footnote 41: _Idem_, _Recollections of Squatting in Victoria_, p. 248.]
-
-[Footnote 42: Burckhardt, _Notes on the Bedouins and Wahábys_, p. 201.]
-
-[Footnote 43: For other instances, see Munzinger, _Die Sitten und das
-Recht der Bogos_, p. 36; Post, _Afrikanische Jurisprudenz_, i. 51
-(Somals); Leuschner, in Steinmetz, _Rechtsverhältnisse_, p. 17
-(Bakwiri); Nicole, _ibid._ p. 100 (Diakité); Beverley, _ibid._ p. 206
-(Wagogo); Marx, _ibid._ p. 349 (Amahlubi); Sorge, _ibid._ p. 404
-(Nissan Islanders).]
-
-[Footnote 44: Sarbah, _Fanti Customary Laws_, p. 5. Stuhlmann, _op.
-cit._ p. 801 (Latuka). Steinmetz, _Rechtsverhältnisse_, p. 31 (Banaka
-and Bapuku). Fama Mademba, _ibid._ p. 65 (natives of the Sansanding
-States). Kraft, _ibid._ p. 286 (Wapokomo), Abercromby, _Pre- and
-Proto-historic Finns_, i. 181 (Mordvins).]
-
-[Footnote 45: von Martens, quoted by Nieboer, _Slavery as an
-Industrial System_, p. 26, n. 2.]
-
-{603} However, the expiration of the paternal power, in the proper
-sense of the term, does not necessarily imply the loss of all
-authority over the children. The father, at all events, retains the
-rights incident to his superior age, and among many uncivilised
-peoples these are great. Old age commands respect and gives
-authority.
-
-Among the Fuegians "in each family the word of an old man is
-accepted as law by the young people; they never dispute his
-authority."[46] The Patagonians "pay respect to old people, taking
-great care of them."[47] The Caribs "portent un grand respect aus
-vieillards."[48] The same is the case among many of the North American
-Indians.[49] Among the Naudowessies, whilst the advice of a father
-will seldom meet with any extraordinary attention from the young
-Indians, "they will tremble before a grandfather, and submit to his
-injunctions with the utmost alacrity. The words of the ancient part of
-their community are esteemed by the young as oracles."[50] Among the
-Eskimo about Behring Strait the old men are listened to with
-respect;[51] and among the Point Barrow Eskimo "respect for the
-opinions of elders is so great that the people may be said to be
-practically under what is called 'simple elder rule.'"[52] Among the
-Veddahs of Ceylon the oldest man "is regarded with a sort of
-patriarchal respect when accident or occasion has brought together any
-others than the members of one family."[53] Among the Jakuts an old
-man is implicitly obeyed as a father of a family; "a young man ever
-gives his opinion with the greatest respect and caution; and even when
-asked, he submits his ideas to the judgment of the old."[54] Regard
-for the aged is found among the Ainos,[55] Kurilians,[56] Mongols,[57]
-Ossetes,[58] {604} Kukis,[59] Nicobarese,[60] Negritos of the
-Philippine Islands,[61] Papuans of New Guinea[62] New Caledonians,[63]
-Caroline Islanders,[64] Tonga Islanders,[65] and, in a remarkable
-degree, among the Australian aborigines.[66] "Among the Kurnai," says
-Mr. Howitt, "age meets with great reverence. . . . It may be stated as
-a general rule that authority attaches to age. It follows from this
-that there is no hereditary authority and no hereditary chieftain. The
-authority which is inherent in age attaches not alone to the man, but
-also to the woman." And he justly adds that this principle regulating
-authority seems to be, not peculiar to the Kurnai, but general to the
-whole Australian race.[67]
-
-[Footnote 46: King and Fitzroy, _Voyages of the "Adventure" and
-"Beagle,"_ ii. 179.]
-
-[Footnote 47: _Ibid._ ii. 172.]
-
-[Footnote 48: de Poircy-de Rochefort, _Histoire des Isles Antilles_,
-p. 461.]
-
-[Footnote 49: Buchanan, _North American Indians_, p. 7. Prescott, in
-Schoolcraft, _Indian Tribes of the United States_, ii. 196.]
-
-[Footnote 50: Carver, _Travels through the Interior Parts of North
-America_, p. 243.]
-
-[Footnote 51: Nelson, 'Eskimo about Bering Strait,' in _Ann. Rep. Bur.
-Ethn._ xviii. 304.]
-
-[Footnote 52: Murdoch, in _Ann. Rep. Bur. Ethn._ ix. 427.]
-
-[Footnote 53: Hartshorne, 'Weddas,' in _Indian Antiquary_, viii. 320.
-_Cf._ Deschamps, _Carnet d'un voyageur_, p. 395.]
-
-[Footnote 54: Sauer, _Billings' Expedition to the Northern Parts of
-Russia_, p. 124.]
-
-[Footnote 55: Batchelor, _Ainu and their Folk-Lore_, p. 254. von
-Siebold, _Ethnol. Studien über die Aino auf der Insel Yesso_, p. 25.]
-
-[Footnote 56: Krasheninnikoff, _History of Kamschatka_, p. 236.]
-
-[Footnote 57: Prejevalsky, _Mongolia_, i. 71.]
-
-[Footnote 58: von Haxthausen, _Transcaucasia_, p. 414. Strabo (xi. 4.
-8) reports the same of the Albanians of the Eastern Caucasus.]
-
-[Footnote 59: Lewin, _Hill Tracts of Chittagong_, p. 102.]
-
-[Footnote 60: Kloss, _In the Andamans and Nicobars_, p. 243.]
-
-[Footnote 61: Schadenberg, in _Zeitschr. f. Ethnol._ xii. 135. Earl,
-_Papuans_, p. 133. Foreman, _Philippine Islands_, p. 209.]
-
-[Footnote 62: Earl, _op. cit._ p. 81.]
-
-[Footnote 63: Atkinson, in _Folk-Lore_, xiv. 248.]
-
-[Footnote 64: Christian, _Caroline Islands_, p. 72. Angas,
-_Polynesia_, p. 382.]
-
-[Footnote 65: Mariner, _op. cit._ ii. 155.]
-
-[Footnote 66: Roth, _North-West-Central Queensland Aborigines_, p.
-141. Fraser, _Aborigines of New South Wales_, p. 5. Schuermann,
-'Aboriginal Tribes of Port Lincoln,' in Woods, _Native Tribes of South
-Australia_, p. 226. Hale _U.S. Exploring Expedition. Vol. VI.
-Ethnography and Philology_, p. 113. Mitchell, _Expeditions into the
-Interior of Eastern Australia_, ii. 346. Brough Smyth, _Aborigines of
-Victoria_, i. 137 _sq._ See also Steinmetz, _Ethnol. Studien zur
-Entwicklungsgeschichte der Strafe_, ii. 26 _sqq._]
-
-[Footnote 67: Fison and Howitt, _Kamilaroi and Kurnai_, p. 211 _sq._]
-
-Turning to African peoples: among the Danakil the aged of both
-sexes, but especially the males, are held in great veneration, and the
-old men are consulted on every occasion of any importance.[68] "The
-real religion of the Barea and Kunáma," says Munzinger, "consists in
-an extraordinary reverence for old age. Among these peoples only the
-old, the weak, or the blind command respect."[69] The E[(w]e-speaking
-peoples on the Slave Coast have a proverb, "Respect the elders, they
-are our fathers."[70] Winterbottom doubts whether the ancient
-Lacedæmonians paid greater regard to old age than do the natives of
-Sierra Leone.[71] Mr. Leighton Wilson says of the Mpongwe:--"There is
-no part of the world where respect and veneration for age is carried
-to a greater length than among this people. . . . All the younger
-members of society are early trained to show the utmost deference to
-age. They must never come into the presence of aged persons or pass by
-their dwellings without taking off their hats and assuming a crouching
-gait. When seated in their presence {605} it must always be at a
-'respectful distance'--a distance proportioned to the difference in
-their ages and position in society. If they come near enough to hand
-an aged man a lighted pipe or a glass of water, the bearer must always
-fall upon one knee. Aged persons must always be addressed as 'father'
-(_rera_) or 'mother' (_ngwe_). Any disrespectful deportment or
-reproachful language toward such persons is regarded as a misdemeanour
-of no ordinary aggravation. A youthful person carefully avoids
-communicating any disagreeable intelligence to such persons, and
-almost always addresses them in terms of flattery and adulation."[72]
-Among the For tribe of Central Africa "great consideration is shown
-towards women when they are old, as well as towards aged men."[73]
-Regard for old age is, in fact, a very general trait of the African
-character.[74]
-
-[Footnote 68: Scaramucci and Giglioli, 'Notizie sui _Danakil_,' in
-_Archivio per l'antropologia e la etnologia_, xiv. 36.]
-
-[Footnote 69: Munzinger, _Ostafrikanische Studien_, p. 474.]
-
-[Footnote 70: Ellis, _E[(w]e-speaking Peoples_, p. 268.]
-
-[Footnote 71: Winterbottom, _Native Africans in the Neighbourhood of
-Sierra Leone_, i. 211.]
-
-[Footnote 72: Wilson, _Western Africa_, p. 392 _sq._]
-
-[Footnote 73: Felkin, 'Notes on the For Tribe of Central Africa,' in
-_Proceed. Roy. Soc. Edinburgh_, xiii. 224 _sq._]
-
-[Footnote 74: Monrad, _Bidrag til en Skildring af Guinea-Kysten_, p.
-37 (Negroes of Accra). Granville and Roth, in _Jour. Anthr. Inst._
-xxviii. 109 (Jekris). Kingsley, _Travels in West Africa_, p. 460
-(Calabar tribes). Caillié, _op. cit._ i. 352 (Mandingoes). Stuhlmann,
-_op. cit._ pp. 789, 801 (Latuka). Casati, _Ten Years in Equatoria_, i.
-186. Chanler, _Through Jungle and Desert_, p. 246 (Embe). New, _Life,
-Wanderings, and Labours in Eastern Africa_, p. 101 (Wanika). Johnston,
-_Kilima-njaro Expedition_, p. 419 (Masai). Arnot, _Garenganze_, p. 78,
-note. Lichtenstein, _op. cit._ i. 265; Alberti, _op. cit._ p. 118;
-Shooter, _op. cit._ p. 98 (Kafirs). Schinz, _Deutsch-Südwest-Afrika_,
-p. 82 (Hottentots).]
-
-Not only old age, but superiority of age, gives a certain amount of
-power.
-
-The Australian natives have a well-regulated order of precedence
-and authority. "When the individual reaches the full development of
-puberty, he or she undergoes a ceremony which entitles him or her on
-its successful completion to a certain social rank or _status_ in the
-community. As life progresses, other and higher ranks are
-progressively attainable for each sex, until the highest and most
-honourable grade, that enjoyed by an old man, or an old woman, is
-reached."[75] All North American Indians "hold that superior age gives
-authority; and every person is taught from childhood to obey his
-superiors and to rule over his inferiors. The superiors are those of
-greater age; the inferiors, those who are younger."[76] The same
-influence of age makes itself felt in the relations between elder
-{606} and younger brothers and sisters.[77] Navaho myths indicate that
-"even among twins, the younger must defer to the elder."[78] The
-eldest brother comes next to the father in authority, and, in case of
-his death, succeeds him as the head of the family. The Aleuts
-described by Father Veniaminof maintained that "if one had no father
-he should respect his oldest brother and serve him as he would a
-father."[79] Among the Kalmucks "the elder brother is the despot of
-the younger ones, and is even allowed to punish them."[80] In
-Madagascar so great respect is paid to seniority "that if two slaves
-who are brothers are going a journey, any burden must be carried by
-the younger one, so far at least as his strength will allow."[81] In
-Tonga custom decrees "that all persons shall be in the service of
-their older and superior relations, if those relations think proper to
-employ them"; and every chief shows the greatest regard for his eldest
-sister.[82] Among the Hottentots "the highest oath a man could take
-and still takes, was to swear by his eldest sister, and if he should
-abuse this name, the sister will walk into his flock and take his
-finest cows and sheep, and no law could prevent her from doing
-so."[83] Among the Point Barrow Eskimo, again, "seniority gives
-precedence when there are several women in one hut, and the sway of
-the elder in the direction of everything connected with her duties
-seems never disputed."[84]
-
-[Footnote 75: Roth, _op. cit._ p. 169. _Cf._ _ibid._ p. 65 _sq._;
-Eyre, _Journals of Expeditions of Discovery into Central Australia_,
-ii. 315.]
-
-[Footnote 76: Powell, 'Sociology,' in _American Anthropologist_, N. S.
-i. 700. _Cf._ _Idem_, in _Ann. Rep. Bur. Ethn._ iii. p. lviii.]
-
-[Footnote 77: Nachtigal, _Sahara und Sudan_, i. 450 (Tedâ). Chavanne,
-_Die Sahara_, p. 396 (Arabs of the Sahara). Paulitschke, _op. cit._ p.
-192 (Gallas). von Haxthausen, _Transcaucasia_, p. 415 (Ossetes). Bach,
-'Die Wotjaken,' in _Acta Societatis Scientiarum Fennicæ_, xii. 489
-(Votyaks). Sumner, in _Jour. Anthr. Inst._ xxxi. 75 (Jakuts).
-Batchelor, _Ainu and their Folk-Lore_, p. 254.]
-
-[Footnote 78: Matthews, 'Study of Ethics among the Lower Races,' in
-_Journal of American Folk-Lore_, xii. 9.]
-
-[Footnote 79: Veniaminof, quoted by Petroff, _loc. cit._ p. 155.]
-
-[Footnote 80: Bergmann, _Nomadische Streifereien unter den Kalmüken_,
-ii. 305.]
-
-[Footnote 81: Sibree, _op. cit._ p. 182.]
-
-[Footnote 82: Mariner, _op. cit._ i. 226; ii. 155.]
-
-[Footnote 83: Hahn, _The Supreme Being of the Khoi-Khoi_, p. 21.]
-
-[Footnote 84: Simpson, quoted by Murdoch, in _Ann. Rep. Bur. Ethn._
-ix. 427.]
-
-It must be added, however, that the reverence for old age may cease
-when the grey-head gets so old as to be an incumbrance to those around
-him;[85] and imbecility may put an end to the father's authority over
-his family.[86] We have previously noticed that parents worn out with
-age {607} and disease are among some peoples killed or abandoned by
-their own children.[87]
-
-[Footnote 85: Curr, _Squatting in Victoria_, pp. 254. 245, 265 _sqq._;
-Eyre, _op. cit._ ii. 316 (Australian aborigines). Sumner, in _Jour.
-Anthr. Inst._ xxxi. 76 (Jakuts). Nansen, _Eskimo Life_, p. 177 _sq._
-(Greenlanders). _Supra_, p. 534.]
-
-[Footnote 86: Steinmetz, _Rechtsverhältnisse_, p. 31 (Banaka and
-Bapuku).]
-
-[Footnote 87: _Supra_, p. 386 _sq._]
-
-When passing from the savage and barbarous races of men to those next
-above them in civilisation, we find paternal, or parental, authority
-and filial reverence at their height. In ancient Mexico "necessitous
-parents were allowed to dispose of any one of their children, in order
-to relieve their poverty," whereas a master could not sell a
-well-behaved slave without his consent.[88] A youth was seldom
-permitted to choose a wife for himself, but was expected to abide by
-the selection of his parents;[89] and "children were bred to stand so
-much in awe of their parents that even when grown up and married they
-hardly durst speak before them."[90] So, too, in Nicaragua a father
-might sell his children as slaves in cases of great necessity,[91] and
-matches were in the larger part of the country arranged by the
-parents.[92] In ancient Peru disobedient children were publicly
-chastised by their own parents;[93] and Inca Pachacutec confirmed the
-law that sons should obey and serve their fathers until they reached
-the age of twenty-five, and that none should marry without the consent
-of the parents and of the parents of the girl.[94]
-
-[Footnote 88: Clavigero, _History of Mexico_, i. 360.]
-
-[Footnote 89: Westermarck, _op. cit._ p. 226.]
-
-[Footnote 90: Clavigero, _op. cit._ i. 331.]
-
-[Footnote 91: Squier, _Nicaragua_, p. 345.]
-
-[Footnote 92: Bancroft, _Native Races of the Pacific States_, ii. 667.]
-
-[Footnote 93: Herrera, _General History of the West Indies_, iv. 339.]
-
-[Footnote 94: Garcilasso de la Vega, _First Part of the Royal
-Commentaries of the Yncas_, ii. 207.]
-
-In China a house-father reigns almost supreme in his family, and,
-according to ancient Chinese ideas, not even marriage withdraws the
-son from his power.[95] The law, it is true, prohibits him from
-killing[96] or selling[97] his children; but it is only in supreme
-cases that the State interferes between the head of a household and
-his family belongings, and the sale of children is practically
-allowed.[98] No person, of whatever age, can act for himself in
-matrimonial {608} matters during the lifetime or in the neighbourhood
-of his parents or near senior kinsfolk.[99] The law provides that
-disobedience to the instructions and commands of parents or paternal
-grandparents shall be punished with one hundred blows,[100] and that a
-still greater punishment shall be inflicted on a son accusing his
-father or mother and on a grandson accusing his paternal grandparent,
-even though the accusation prove true.[101] Indeed, from earliest
-youth the Chinese lad is imbued with such respect for his parents that
-it becomes at last a religious sentiment, and forms, as he gets older,
-the basis of his only creed--the worship of ancestors.[102]
-Confucianism itself has been briefly described as "an expansion of the
-root idea of filial piety."[103] The Master said:--"filial piety is
-the root of all virtue, and the stem out of which grows all moral
-teaching. . . . Filial piety is the constant method of Heaven, the
-righteousness of Earth, and the practical duty of Man. . . . Of all
-the actions of man there is none greater than filial piety. In filial
-piety there is nothing greater than the reverential awe of one's
-father. In the reverential awe shown to one's father there is nothing
-greater than the making him the correlate of Heaven."[104] But the
-idea that filial piety is the fundamental duty of man was not
-originated by Confucius, it had obtained a firm hold of the national
-mind long before his time.[105] It also prevails in Corea[106] and
-Japan,[107] where the authority of a house-father is, or, in the case
-of Japan, until lately has been,[108] as great as in China. "The
-Japanese maiden, as pure as the purest Christian virgin, will at the
-command of her father enter the brothel to-morrow, and prostitute
-herself for life. Not a murmur escapes her lips {609} as she thus
-filially obeys."[109] In Corea, whilst the first thing inculcated in
-a child's mind is respect for his father, little respect is felt for
-the mother; the child soon learns that a mother's authority is next
-to nothing.[110]
-
-[Footnote 95: de Groot, _Religious System of China_ (vol. ii. book)
-i. 507.]
-
-[Footnote 96: _Supra_, p. 393.]
-
-[Footnote 97: _Ta Tsing Leu Lee_, sec. cclxxv. p. 292.]
-
-[Footnote 98: Douglas, _Society in China_, p. 78. Staunton, in his
-translation of _Ta Tsing Leu Lee_, p. 292 n. * Doolittle, _Social Life
-of the Chinese_, ii. 209.]
-
-[Footnote 99: Medhurst, 'Marriage, Affinity, and Inheritance in
-China,' in _Trans. Roy. Asiatic Soc. China Branch_, iv. 11.]
-
-[Footnote 100: _Ta Tsing Leu Lee_, sec. cccxxxviii. p. 374.]
-
-[Footnote 101: _Ibid._ sec. cccxxxvii. p. 371 _sq._]
-
-[Footnote 102: Wells Williams, _Middle Kingdom_, i. 646.]
-
-[Footnote 103: Griffis, _Corea_, p. 328 _sq._]
-
-[Footnote 104: _Hsiáo King_, 1, 7, 9 (_Sacred Books of the East_, iii.
-446, 473, 476).]
-
-[Footnote 105: Douglas, _Confucianism and Taouism_, p. 118.]
-
-[Footnote 106: Griffis, _Corea_, pp. 236, 259.]
-
-[Footnote 107: Rein, _Japan_, p. 427. Griffis, _Religions of Japan_,
-p. 122 _sq._]
-
-[Footnote 108: Griffis, _Religions of Japan_, p. 148.]
-
-[Footnote 109: _Idem_, _Mikado's Empire_, p. 555. _Cf._ Rein, _Japan_,
-p. 427.]
-
-[Footnote 110: Griffis, _Corea_, p. 259.]
-
-It is the general opinion of Assyriologists that in ancient Chaldæa,
-at least in the early period of its history, the father had absolute
-authority over all the members of his household.[111] Anything
-undertaken by them without his consent was held invalid in the eyes of
-the law,[112] and a disobedient son might be sold as a slave.[113]
-According to the Laws of [Hv]ammurabi, a man might give his son or
-daughter as a hostage for debts;[114] but he could not disown his
-children at discretion. It is said that if he wishes to cut off his
-son he must declare his intention to the judge, whereupon "the judge
-shall enquire into his reasons, and if the son has not committed a
-heavy crime which cuts off from sonship, the father shall not cut off
-his son from sonship."[115] Professor Hommel believes that the
-mother's authority over her children was as great as the
-father's,[116] whereas Meissner concludes that it was less, from the
-fact that her children are not seldom found to be at law with her in
-matters of succession.[117] Among the Hebrews a father might sell his
-child to relieve his own distress, or offer it to a creditor as a
-pledge.[118] He had not only unlimited power to marry his daughters,
-but even to sell them as maids into concubinage, though not to a
-foreign people.[119] He also chose wives for his sons;[120] and there
-is no indication that the subjection of sons ceased after a certain
-age.[121] How important were the duties of the child to the {610}
-parents is shown in the primitive typical relation of Isaac to
-Abraham, and may be at once learned from the placing of the law on the
-subject among the Ten Commandments, and from its position there in the
-immediate proximity to the commands relating to the duties of man
-towards God.[122] Philo Judæus observes that it occupies this position
-because parents are something between divine and human nature,
-partaking of both--of human nature inasmuch as it is plain that they
-have been born and that they will die, and of divine nature because
-they have engendered other beings, and have brought what did not exist
-into existence. What God is to the world, that parents are to their
-children; they are "the visible gods."[123] In Muhammedan countries
-parents have practically great authority over their children. Should a
-father exceed the bounds of moderation or justice in chastising his
-son, the idea of prosecuting him would hardly occur to anyone, the
-injured party being prevented by public opinion, if not by habit and
-feeling, from appealing against his own father.[124] Disobedience to
-parents is considered by Moslems as one of the greatest of sins, and
-is put, in point of heinousness, on a par with idolatry, murder, and
-desertion in an expedition against infidels. "An undutiful child,"
-says Mr. Lane, "is very seldom heard of among the Egyptians or the
-Arabs in general. . . . Sons scarcely sit or eat or smoke in the
-presence of the father, unless bidden to do so."[125] In Morocco it is
-curious to see big, grown-up sons sneak away as soon as they hear
-their father's steps, or to notice their absolute reticence in his
-presence. Children's deference for their mothers is less formal, but
-almost equally great.[126]
-
-[Footnote 111: Oppert, in _Göttingische gelehrte Anzeigen_, 1879, p.
-1604 _sqq._ Hommel, _Die semitischen Völker und Sprachen_, i. 416.
-Meissner, _Beiträge zum altbabylonischen Privatrecht_, p. 14 _sq._]
-
-[Footnote 112: Maspero, _Dawn of Civilization_, p. 134.]
-
-[Footnote 113: Hommel, _op. cit._ i. 416. Meissner, _op. cit._ p. 1.]
-
-[Footnote 114: _Laws of [Hv]ammurabi_, 117.]
-
-[Footnote 115: _Ibid._ 168.]
-
-[Footnote 116: Hommel, _op. cit._ i. 416.]
-
-[Footnote 117: Meissner, _op. cit._ p. 15.]
-
-[Footnote 118: Ewald, _Antiquities of Israel_, p. 190. Wellhausen,
-_Prolegomena to the History of Israel_, p. 465.]
-
-[Footnote 119: _Exodus_, xxi. 7 _sq._]
-
-[Footnote 120: _Genesis_, xxiv. 4; xxviii. 1 _sq._ _Exodus_, xxxiv.
-16. _Deuteronomy_, vii, 3.]
-
-[Footnote 121: _Cf._ Michaelis, _Commentaries on the Laws of Moses_,
-i. 444.]
-
-[Footnote 122: _Cf._ Ewald, _op. cit._ p. 188; Gans, _Das Erbrecht in
-weltgeschichtlicher Entwickelung_, i. 134.]
-
-[Footnote 123: Philo Judæus, _Opera_, i. 759 _sqq._]
-
-[Footnote 124: Urquhart, _Spirit of the East_, ii. 440 _sq._]
-
-[Footnote 125: Lane, _Manners and Customs of the Modern Egyptians_, p.
-70. _Cf._ Pool, _Studies in Mohammedanism_, p. 171.]
-
-[Footnote 126: _Cf._ Urquhart, _op. cit._ ii. 265 _sq._]
-
-Among the ancient Romans, in relation to the house-father, "all in the
-household were destitute of legal rights--the wife and the child no
-less than the bullock or the {611} slave."[127] The father not only
-had judicial authority over his children--implying the right of
-inflicting capital punishment on them[128]--but he could sell them at
-discretion.[129] Even the grown-up son and his children were subject
-to the house-father's authority,[130] and in marriage without
-_conventio in manum_ a daughter remained in the power of her father or
-tutor even after marriage.[131] Filial piety, including reverence not
-only for the father but for the mother also, was regarded as a most
-sacred duty.[132] To the ancient Roman the parents were hardly less
-sacred beings than the gods.[133]
-
-[Footnote 127: Mommsen, _History of Rome_, i. 74.]
-
-[Footnote 128: _Supra_, p. 393.]
-
-[Footnote 129: Dionysius of Halicarnassus, _Antiquitates Romanæ_,
-ii. 27.]
-
-[Footnote 130: _Institutiones_, i. 9. 3.]
-
-[Footnote 131: Westermarck, _op. cit._ p. 230.]
-
-[Footnote 132: Leist, _Græco-italische Rechtsgeschichte_, p. 11 _sqq._
-_Idem_, _Alt-arisches Jus Gentium_, p. 185.]
-
-[Footnote 133: Valerius Maximus, i. 1. 13: "Pari vindicta parentum ac
-deorum violatio expianda est." Servius, _In Virgilii Georgicon_, ii.
-473: "Sacra deorum sancta apud illos sunt, sancti etiam
-parentes."]
-
-It has been suggested by Sir Henry Maine and others that the _patria
-potestas_ of the Romans was a survival of the paternal authority which
-existed among the primitive Aryans.[134] But no clear evidence of the
-general prevalence of such unlimited authority among other so-called
-Aryan peoples has been adduced. The ancient jurist observed, "The
-power which we have over our children is peculiar to Roman citizens;
-for there are no other nations possessing the same power over their
-children as we have over ours."[135] That among the Greeks and Teutons
-the father had the right to expose his children in their infancy, to
-sell them, in case of urgency, as long as they remained in his
-power,[136] and to give away his daughters in marriage,[137] does not
-imply the possession of a sovereignty like that which the Roman
-house-father exercised over his descendants of all ages. In
-Greece[138] and among all the Teutonic {612} nations[139] the father's
-authority over his sons came to an end when the son grew up and left
-his home. But here again we must distinguish between the legal rights
-of parents and the duties of children. There are numerous passages in
-the Greek writings which put filial piety on a par with the duties
-towards the gods.[140]
-
-[Footnote 134: Maine, _Ancient Law_, p. 138. Fustel de Coulanges, _La
-cité antique_, p. 96 _sqq._ Hearn, _Aryan Household_, p. 92.]
-
-[Footnote 135: _Institutiones_, i. 9. 2.]
-
-[Footnote 136: Leist, _Græco-italische Rechtsgeschichte_, p. 60 _sq._
-Grimm, _Deutsche Rechtsalterthümer_, p. 461 _sq._ Brunner, _Deutsche
-Rechtsgeschichte_, i. 76. In France the parents' right of selling
-their children gradually disappeared under the kings of the third race
-(de Laurière, in Loysel, _Institutes coutumières_, i. 82).]
-
-[Footnote 137: Westermarck, _op. cit._ p. 232 _sqq._]
-
-[Footnote 138: Leist, _Græco-italische Rechtsgeschichte_, p. 62 _sq._
-Cauvet, 'De l'organisation de la famille à Athènes,' in _Revue de
-législation_, xxiv. 138.]
-
-[Footnote 139: Grimm, _Deutsche Rechtsalterthümer_, p. 462. Brunner,
-_Deutsche Rechtsgeschichte_, i. 75 _sq._]
-
-[Footnote 140: Schmidt, _Ethik der alten Griechen_, ii. 141 _sq._]
-
-Nor is there any evidence that the _patria potestas_ of the Roman type
-ever prevailed in full in India, great though the father's or parent's
-authority has been, and still is, among the Hindus.[141] Among the
-Vedic people the father seems to have been the head of the family only
-as long as he was able to be its protector and maintainer,[142]
-decrepit parents being even allowed to die of starvation.[143]
-According to some sacred books from a later age, the father and the
-mother have power to give, to sell, and to abandon their son, because
-"man formed of uterine blood and virile seed proceeds from his mother
-and his father as an effect from its cause"; however, an only son may
-not be given or received in adoption, nor is a woman allowed to give
-or receive a son except with her husband's permission.[144] In other
-books it is said that "the gift or acceptance of a child and the right
-to sell or buy a child are not recognised,"[145] and that he who casts
-off his son--unless the son be guilty of a crime causing loss of
-caste--shall be fined by the king six hundred _panas_.[146] But
-whatever be the legal rights of a parent, filial piety is a most
-stringent duty in the child.[147] A man has three Atigurus, or
-specially venerable superiors: his father, mother, and spiritual
-teacher. To them he must always pay obedience. He must do what is
-agreeable and serviceable to them. He must never do anything without
-their leave.[148] "By honouring these three all that ought to be done
-by man is accomplished; {613} that is clearly the highest duty, every
-other act is a subordinate duty."[149] Similar feelings prevail among
-the modern Hindus.[150] Sir W. H. Sleeman observes, "There is no part
-of the world, I believe, where parents are so much reverenced by their
-sons as they are in India in all classes of society." The duty of
-daughters is from the day of their marriage transferred entirely to
-their husbands and their husbands' parents, but between the son and
-his parents the reciprocity of rights and duties which have bound
-together the parent and child from infancy follows them to the grave.
-The sons are often actually tyrannised over by their mothers.[151]
-
-[Footnote 141: Westermarck, _op. cit._ p. 231 _sq._]
-
-[Footnote 142: _Rig-Veda_, i. 70. 5.]
-
-[Footnote 143: Zimmer, _Altindisches Leben_, p. 328.]
-
-[Footnote 144: _Vasishtha_, xv. 1 _sqq._ _Baudhâyana Parisishta_, vii.
-5. 2 _sqq._]
-
-[Footnote 145: _Âpastamba_, ii. 6. 13. 11.]
-
-[Footnote 146: _Laws of Manu_, viii. 389. _Cf._ _ibid._ xi. 60.]
-
-[Footnote 147: _Âpastamba_, i. 4. 14. 6. _Laws of Manu_, ii. 225
-_sqq._; iv. 162; &c.]
-
-[Footnote 148: _Institutes of Vishnu_, ch. 31.]
-
-[Footnote 149: _Laws of Manu_, ii. 237.]
-
-[Footnote 150: Nelson, _View of the Hind[=u] Law_, p. 56 _sq._ Ghani,
-'Social Life and Morality in India,' in _International Journal of
-Ethics_, vii. 312.]
-
-[Footnote 151: Sleeman, _Rambles and Recollections of an Indian
-Official_, i. 330 _sqq._]
-
-According to ancient Russian laws, fathers had great power over their
-children;[152] but it is not probable that a son could be sold as a
-slave.[153] Baron von Haxthausen, who wrote before the Emancipation in
-1861, says that "the patriarchal government, feelings, and
-organisation are in full activity in the life, manners, and customs of
-the Great Russians. The same unlimited authority which the father
-exercises over all his children is possessed by the mother over her
-daughters."[154] It was a common custom for a father to marry his
-young sons to full-grown women; and in Poland also, according to
-Nestor, a father used to select a bride for his son.[155] According to
-Professor Bogi[vs]i['c], the power of the father is not so great among
-the Southern Slavs as among the Russians;[156] but a son is not
-permitted to make a proposal of marriage to a girl against the will of
-his parents, whilst a daughter, of course, enjoys still less freedom
-of disposing of her own hand.[157] According to a Slavonian maxim, "a
-father is like an earthly god to his son."[158]
-
-[Footnote 152: Accurse, quoted by de Laurière, in Loysel, _op. cit._
-i. 82.]
-
-[Footnote 153: Macieiowski, _Slavische Rechtsgeschichte_, iv. 404.]
-
-[Footnote 154: von Haxthausen, _Russian Empire_, ii. 229 _sq._]
-
-[Footnote 155: Westermarck, _op. cit._ p. 234. Macieiowski, _op. cit._
-ii. 189.]
-
-[Footnote 156: Maine, _Early Law and Custom_, p. 244, note.]
-
-[Footnote 157: Krauss, _Sitte und Brauch der Südslaven_, pp. 314, 320.]
-
-[Footnote 158: Maine, _Early Law and Custom_, p. 243.]
-
-{614} Among this group of peoples, also, we meet with reverence for
-the elder brother, for persons of a superior age generally, and,
-especially, for the aged.
-
-Obedience on the part of the younger to the elder brother is
-strongly inculcated by Confucianism and Taouism.[159] In ancient China
-the eldest son of the principal wife held so high a position that even
-his own father had to mourn for him at his death in the selfsame
-degree in which the son was bound to mourn for his father;[160] and in
-some provinces of Japan the elder brother or sister did not even go to
-the funeral of the younger.[161] In Babylonia the elder brother
-occupied a privileged position in the family in relation to the
-younger.[162] In one of the Mandæan writings it is said, "Honour your
-father and your mother and your elder brother as your father."[163]
-According to the sacred books of the Hindus, "the feet of elder
-brothers and sisters must be embraced, according to the order of their
-seniority";[164] "towards a sister of one's father and of one's
-mother, and towards one's own elder sister, one must behave as towards
-one's mother," though the mother is more venerable than they.[165]
-
-[Footnote 159: Douglas, _Confucianism and Taouism_, pp. 123, 124, 259.
-Griffis, _Religions of Japan_, p. 125 _sq._]
-
-[Footnote 160: de Groot, _op. cit._ (vol. ii. book) i. 509.]
-
-[Footnote 161: Griffis, _Religions of Japan_, p. 127.]
-
-[Footnote 162: Hommel, _op. cit._ i. 417 _sq._]
-
-[Footnote 163: Brandt, _Mandäische Schriften_, p. 64.]
-
-[Footnote 164: _Âpastamba_, i. 4. 14. 9. _Cf._ _ibid._ i. 4. 14. 14;
-_Laws of Manu_, ii. 225.]
-
-[Footnote 165: _Laws of Manu_, ii. 133.]
-
-Again, in ancient Mexico respect was paid not only by children to
-their parents but by the young to the old.[166] Among the Yucatans
-"the young reverenced much the aged."[167] In China persons of the
-lowest class who have attained to an unusual age have not infrequently
-been distinguished by the Emperor,[168] and even criminals with grey
-hairs are treated with regard.[169] "Respect for elders," says
-Mencius, "is the working of righteousness";[170] and it is said in
-Thâi Shang that the good man "will respect the old and cherish the
-young."[171] A Japanese proverb runs, "Regard an old man as thy
-father."[172] We read in Leviticus, "Thou shalt rise up before the
-hoary head, and honour the face of the old man, and fear thy
-God."[173] Veneration {615} for the aged is emphatically inculcated by
-Islam.[174] In the sacred books of India it is represented as a
-virtue.[175] Herodotus states that the Egyptians resembled the
-Lacedæmonians in the reverence the young men paid to their
-elders.[176] Plato says in his 'Laws' that everybody ought to consider
-that the elder has the precedence of the younger in honour, both among
-the gods as also among men who would live in security and happiness;
-wherefore it is a foolish thing and hateful to the gods to see an
-elder man assaulted by a younger in the city. Everybody ought to
-regard a person who is twenty years older than himself, whether male
-or female, as his father or mother, and to abstain from laying hands
-on any such person "out of reverence to the gods who preside over
-birth."[177] Regard for old age lies behind such words as _presbyter_
-and the Anglo-Saxon _ealdormonn_; and all travellers among the
-Southern Slavs have noticed their extraordinary respect for old
-people.[178]
-
-[Footnote 166: Clavigero, _op. cit._ i. 8l. _Cf._ _ibid._ i. 332.]
-
-[Footnote 167: Landa, _Relacion de las cosas de Yucatan_, p. 178.]
-
-[Footnote 168: Davis, _China_, ii. 97.]
-
-[Footnote 169: Wells Williams, _Middle Empire_, i. 805.]
-
-[Footnote 170: Mencius, vii. 1. 15. 3.]
-
-[Footnote 171: _Thâi Shang_, 3.]
-
-[Footnote 172: Griffis, _Mikado's Empire_, p. 505.]
-
-[Footnote 173: _Leviticus_, xix. 32. _Cf._ _Job_, xxxii. 1;
-_Proverbs_, xvi. 31, and xx. 29.]
-
-[Footnote 174: Ameer Ali, _Ethics of Islâm_, p. 27 _sq._]
-
-[Footnote 175: _Âpastamba_, i. 5. 15. _Laws of Manu_, ii. 121.
-_Dhammapada_, 109.]
-
-[Footnote 176: Herodotus, ii. 80.]
-
-[Footnote 177: Plato, _Leges_, ix. 879. _Cf._ _Idem_, _Respublica_,
-v. 465.]
-
-[Footnote 178: Maine, _Early Law and Custom_, p. 243.]
-
-In Europe the paternal authority of the archaic type which we have
-just considered has gradually yielded to a system under which the
-father has been divested of the most essential rights he formerly
-possessed over his children--a system the inmost drift of which is
-expressed in the words of the French Encyclopedist, "Le pouvoir
-paternel est plutôt un devoir qu'un pouvoir."[179] Already in pagan
-times the Roman _patria potestas_ became a shadow of what it had been.
-Under the Republic the abuses of paternal authority were checked by
-the censors, and in later times the Emperors reduced the father's
-power within comparatively narrow limits. Not only was the life of the
-child practically as sacred as that of the parent long before
-Christianity became the religion of Rome,[180] but Alexander Severus
-ordained that heavy punishments should be inflicted on members of a
-family by the magistrate only. Diocletian and Maximilian took away the
-power of selling freeborn children as slaves. The father's privilege
-of {616} dictating marriage for his sons declined into a conditional
-veto; and it seems that the daughters also, at length, gained a
-certain amount of freedom in the choice of a husband.[181]
-
-[Footnote 179: _Encyclopédie méthodique_, Jurisprudence, vii. 77, art.
-Puissance paternelle.]
-
-[Footnote 180: _Supra_, p. 393 _sq._]
-
-[Footnote 181: Westermarck, _op. cit._ p. 236.]
-
-The new religion was anything but unfavourable to this process of
-emancipation. The ethical precept of filial piety was changed by
-Christ. His church was a militant church. He had come not to send
-peace but a sword, "to set a man at variance against his father, and
-the daughter against her mother."[182] Being chiefly addressed to the
-young, the new teaching naturally caused much disorder in families.
-Fathers disinherited their converted sons,[183] and children thought
-that they owed no duty to their parents where such a duty was opposed
-to the interests of their souls. According to Gregory the Great, we
-ought to ignore our parents, hating them and flying from them when
-they are an obstacle to us in the way of the Lord;[184] and this
-became the accepted theory of the Church.[185] Nay, it was not only in
-similar cases of conflict that Christianity exercised a weakening
-influence on family ties which had previously been regarded with
-religious veneration. In all circumstances the relationship between
-child and parent was put in the shade by the relationship between man
-and God. "Call no man your father upon the earth: for one is your
-Father, which is in Heaven."[186] "If any man come to me, and hate not
-his father, and mother, and wife, and children, and brethren, and
-sisters, yea, and his own life also, he cannot be my disciple."[187]
-At the same time the fifth commandment, though modified by
-considerations which would never have occurred to the mind of an
-orthodox Jew, was left formally intact. Obedience to parents was, in
-fact, repeatedly enjoined by St. Paul as a Christian duty.[188] It was
-regarded as a prerequisite {617} for the veneration of God. "If we do
-not honour and reverence our parents, whom we ought to love next to
-God, and whom we have almost continually before our eyes, how can we
-honour or reverence God, the supreme and best of parents, whom we
-cannot see?"[189]
-
-[Footnote 182: _St. Matthew_, x. 34 _sq._ _St. Luke_, xii. 51 _sqq._]
-
-[Footnote 183: Tertullian, _Apologeticus_, 3 (Migne, _Patrologiæ
-cursus_, i. 280 _sq._).]
-
-[Footnote 184: St. Gregory the Great, _Homiliæ in Evangelia_, xxxvii.
-2 (Migne, _op. cit._ lxxvi. 1275).]
-
-[Footnote 185: Thomas Aquinas, _Summa theologica_, ii.-ii. 101. 4.]
-
-[Footnote 186: _St. Matthew_, xxiii. 9.]
-
-[Footnote 187: _St. Luke_, xiv. 26.]
-
-[Footnote 188: _Ephesians_, vi. 1 _sqq._ _Colossians_, iii. 20.]
-
-[Footnote 189: _Catechism of the Council of Trent_, iii. 5. 1.]
-
-Ancient, deep-rooted ideas die slowly. Whilst among Teutonic peoples
-the grown-up child is recognised both by custom and law as independent
-of the parents, and the parental authority over minors is regarded
-merely in the light of guardianship,[190] the Roman notions of
-paternal rights and filial duties have to some extent survived in
-Latin countries, not only through the Middle Ages, but up to the
-present time. "Above the majesty of the feudal baron," says M.
-Bernard, "that of the paternal power was held still more sacred and
-inviolable. However powerful the son might be, he would not have dared
-to outrage his father, whose authority was in his eyes always
-confounded with the sovereignty of command."[191] Du Vair remarks,
-"Nous devons tenir nos pères comme des dieux en terre."[192] Bodin
-wrote, in the later part of the sixteenth century, that, though the
-monarch commands his subjects, the master his disciples, the captain
-his soldiers, there is none to whom nature has given any command
-except the father, "who is the true image of the great sovereign God,
-universal father of all things."[193] According to edicts of Henry
-III., Louis XIII., and Louis XIV., sons could not marry before the age
-of thirty, nor daughters before the age of twenty-five, without the
-consent of the father and mother, on pain of being disinherited.[194]
-And even now in France considerable power is accorded to parents, not
-only by custom and public sentiment, but by law. A child cannot quit
-the paternal residence without the permission of the father before the
-age of twenty-one, except for enrolment {618} in the army.[195] For
-grave misconduct by his children the father has strong means of
-correction.[196] A son under twenty-five and a daughter under
-twenty-one could not until 1907 marry without parental consent;[197]
-and even when a man had attained his twenty-fifth year and a woman her
-twenty-first, both were still bound to ask for it, by a formal
-notification.[198]
-
-[Footnote 190: Starcke, _La famille dans les différentes sociétés_,
-p. 213 _sqq._]
-
-[Footnote 191: Bernard, quoted in Spencer's _Descriptive Sociology_,
-France, p. 38.]
-
-[Footnote 192: Du Vair, quoted by de Ribbe, _Les familles et la
-société en France avant la Révolution_, p. 51.]
-
-[Footnote 193: Bodin, _De republica_, i. 4, p. 31.]
-
-[Footnote 194: Koenigswarter, _Histoire de l'organisation de la
-famille en France_, p. 231.]
-
-[Footnote 195: _Code Civil_, art. 374.]
-
-[Footnote 196: _Ibid._ art. 375 _sqq._]
-
-[Footnote 197: _Ibid._ art. 148.]
-
-[Footnote 198: _Ibid._ art. 151.]
-
-The parental authority depends, in the first place, on the natural
-superiority of parents over their children when young, and on the
-helplessness of the latter; and for similar reasons the daughter,
-though grown-up, still remains in her father's power. Parents are,
-moreover, considered to possess in some measure proprietary rights
-over their offspring, being their originators and maintainers;[199]
-and in various cases, it seems, the father is also regarded as their
-owner because he is the owner of their mother. Filial duties and
-parental rights to some extent spring from the children's natural
-feeling of affection for their parents,[200] particularly for their
-mother,[201] and from the debt of gratitude which they are considered
-to owe to those who have brought them into existence and taken care of
-them whilst young.[202] The authority of parents is much enhanced and
-extended by the sentiment of filial reverence, as distinct from mere
-affection. From their infancy children are used to look up to their
-parents, {619} especially the father, as to beings superior to
-themselves; and this feeling, which by itself has a tendency to
-persist, is all the more likely to last even when the parents get old,
-as it is based not only on superior strength and bodily skill, but on
-superior knowledge, which remains though the physical power be on the
-wane. Among savages, in particular, filial regard is largely regard
-for one's elders or the aged. The old men represent the wisdom of the
-tribe. "Long life and wisdom," say the Iroquois, "are always connected
-together."[203] Throughout all West Africa the aged are "the knowing
-ones."[204] In his work on the Algerian natives M. Villot
-observes:--"Les vieillards, au milieu des sociétés barbares,
-représentent la tradition qui tient lieu de patrie; la science des
-coutumes et usages qui remplacent la loi; la connaissance des
-généalogies qui fixe les degrés de parenté et sert de base à la
-détermination des titres de propriété. Pour ces causes, aussi bien
-qu'en raison de leur faiblesse et de leurs cheveux blancs, le respect
-pour les vieillards est de règle au milieu des indigènes."[205] Among
-people who possess no literature the old men are the sole authorities
-on religion, as well as on custom. In Australia the deference shown to
-them is partly due to the superstitious awe of certain mysterious
-rites which are known to them alone, and to the knowledge of which
-young persons are only very gradually admitted.[206] Moreover, old age
-itself inspires a feeling of mysterious awe. The Moors say that, when
-getting old, a man becomes a saint, and a woman a _jinnía_, or evil
-spirit--there is something supernatural in both. Among the East
-African Embe "it is only by means of the rankest superstition that the
-old men are able to maintain their supremacy over the hot-blooded
-youths"; they convince the warriors, by presenting them {620} with
-some magic emblem, that in the hands of the sages alone rest the fate
-and fortune of those who fight in a battle. And old women, also, are
-often believed to possess supernatural power, in which case their
-influence, in spite of the subservient position of their sex in
-general, is almost as great as that of a medicine-man.[207] According
-to the beliefs of the natives of Western Victoria, witches always
-appear in the form of an old woman.[208] Among the Maoris some of the
-aged women exercise the greatest influence over their tribes, being
-supposed to possess the power of witchcraft and sorcery.[209] Among
-the Abipones, says Charlevoix, "the old women take upon them to be
-great witches; and it would be no easy matter to convert them."[210]
-In Arabia, as well as in Morocco, old women are always believed to be
-skilled in sorcery.[211]
-
-[Footnote 199: _Cf._ _Vasishtha_, xv. 1 _sq._; _Bandháyana
-Parisishta_, vii. 5. 2 _sq._]
-
-[Footnote 200: For instances of filial affection among savages see
-Catlin, _North American Indians_, ii. 242; Powers, _Tribes of
-California_, p. 112 (Mattoal); Selenka, _Sonnige Welten_, p. 34
-(Dyaks); Seemann, _Viti_, p. 193; Mathew, 'Australian Aborigines,' in
-_Jour. & Proceed. Roy. Soc. N.S. Wales_, xxiii. 388.]
-
-[Footnote 201: For instances of great affection for the mother, see
-Munzinger, _Ostafrikanische Studien_, p. 474 (Barea and Kunáma);
-Winterbottom, _Native Africans in the Neighbourhood of Sierra Leone_, i.
-211; Park, _Travels in the Interior of Africa_, p. 241; New, _op. cit._
-p. 101 (Wanika); François, _Nama und Damara, Deutsch-Süd-West-Afrika_,
-p. 251 (Mountain Damaras); Rowley, _Africa Unveiled_, p. 164; Lane,
-_Manners and Customs of the Modern Egyptians_, p. 70 _sq._; Urquhart,
-_op. cit._ ii. 265 _sq._ (Turks); Schmidt, _Ethik der alten Griechen_,
-ii. 146, 155. It is said in the Talmud that the child loves its mother
-more than its father, whilst it fears its father more than its mother
-(Deutsch, _Literary Remains_, p. 55).]
-
-[Footnote 202: _Hsiáo King_, 9 (_Sacred Books of the East_, iii. 479).
-_Laws of Manu_, ii. 227. Plato, _Leges_, iv. 717.]
-
-[Footnote 203: Loskiel, _History of the Mission of the United Brethren
-among the Indians in North America_, i. 15.]
-
-[Footnote 204: Kingsley, _West African Studies_, p. 142.]
-
-[Footnote 205: Villot, _M[oe]urs, coutumes et institutions des
-indigènes de l'Algérie_, p. 47.]
-
-[Footnote 206: Schuermann, 'Aboriginal Tribes of Port Lincoln,' in
-Woods, _Native Tribes of South Australia_, p. 226. _Cf._ Nelson,
-'Eskimo about Bering Strait,' in _Ann. Rep. Bur. Ethn._ xviii.
-304.]
-
-[Footnote 207: Chanler, _op. cit._ pp. 247, 252.]
-
-[Footnote 208: Dawson, _Australian Aborigines_, p. 52.]
-
-[Footnote 209: Angas, _Savage Life and Scenes in Australia and New
-Zealand_, i. 317.]
-
-[Footnote 210: Charlevoix, _History of Paraguay_, i. 406.]
-
-[Footnote 211: Niebuhr, _Travels in Arabia_, ii. 216.]
-
-The beliefs held regarding the dead also influence the treatment of
-the aged whose lives are drawing to an end. Certain African tribes
-treat their old people with every kindness in order to secure their
-goodwill after death.[212] A missionary in East Africa heard a negro
-say with reference to an old man, "We will do what he says, because he
-is soon going to die."[213] The Omahas "were afraid to abandon their
-aged on the prairie when away from their permanent villages lest
-Wakanda should punish them";[214] and in this case it seems that
-Wakanda, at least originally meant the ghost of the dead. The Niase is
-an egoist ever in his respect for the old, because he hopes that they
-will protect and assist him when they are dead.[215] In China the
-doctrine that ghosts may interfere at any moment with human business
-and fate, either favourably or unfavourably, "enforces respect for
-human life and a charitable {621} treatment of the infirm, the aged,
-and the sick, especially if they stand on the brink of the
-grave."[216] The regard for the aged and the worship of the dead are
-often mentioned together in a way which suggests that there exists an
-intrinsic connection between them. Of the Dacotahs Prescott observes,
-"Veneration is very great in some Indians for old age, and they all
-feel it for the dead."[217] The worship of ancestors is a distinguishing
-characteristic of the religious system of Southern Guinea; the
-"profound respect for aged persons, by a very natural operation of the
-mind, is turned into idolatrous regard for them when dead."[218] "The
-Barotse chiefly worship the souls of their ancestors. . . . Cognate to
-this worship of ancestors is the great respect displayed for parents
-and the old--especially the eldest of a family or tribe."[219] Among
-the Herero "the tomb of a father is the most important of all holy
-places, the soul of a father the oracle most often consulted."[220]
-The Aetas of the Philippine Islands "have a profound respect for
-old-age and for their dead."[221] The Ossetes "show the greatest love
-and veneration to their parents, to old age generally, and especially
-to the memory of their ancestors."[222] In cases like these, however,
-it is impossible accurately to distinguish between cause and effect.
-Whilst the worship of the dead is, in the first place, due to the
-mystery of death, it is evident that the regard in which a person is
-held during his lifetime also influences the veneration which is
-bestowed on his disembodied soul.
-
-[Footnote 212: Arnot, _op. cit._ p. 78, note.]
-
-[Footnote 213: Lippert, _Kulturgeschichte der Menschheit_, i. 229.]
-
-[Footnote 214: Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur. Ethn._
-iii. 369. _Cf._ _ibid._ p. 275.]
-
-[Footnote 215: Modigliani, _Viaggio a Nías_, p. 467.]
-
-[Footnote 216: de Groot, _op. cit._ (vol. iv. book) ii. 450.]
-
-[Footnote 217: Prescott, in Schoolcraft, _Indian Tribes of the United
-States_, ii. 196.]
-
-[Footnote 218: Wilson, _Western Africa_, p. 392 _sq._]
-
-[Footnote 219: Decle, _Three Years in Savage Africa_, p. 74 _sq._]
-
-[Footnote 220: François, _op. cit._ p. 192.]
-
-[Footnote 221: Foreman, _op. cit._ p. 209.]
-
-[Footnote 222: von Haxthausen, _Transcaucasia_, p. 414.]
-
-There are thus obvious reasons for the connection between filial
-submissiveness and religious beliefs; but the chief cause of this
-connection seems to be the extreme importance frequently attached to
-the curses and blessings of parents. Among the Nandi in Central
-Africa, "if a {622} son refuses to obey his father in any serious
-matter, the father solemnly strikes the son with his fur mantle. This
-is equivalent to a most serious curse, and is supposed to be fatal to
-the son unless he obtains forgiveness, which he can only do by
-sacrificing a goat before his father."[223] Among the Mpongwe "there
-is nothing which a young person so much deprecates as the curse of an
-aged person, and especially that of a revered father."[224] The Barea
-and Kunáma are convinced that any undertaking which has not the
-blessing of the old people will fail, that every curse uttered by them
-must be destructive.[225] Among the Bogos nobody takes an employment
-or gives it up, nobody engages in a business or contracts a marriage,
-before he has received the blessing of his father or his master.[226]
-Among the Herero, "when a chief feels his dissolution approaching, he
-calls his sons to the bedside, and gives them his benediction."[227]
-The Moors have a proverb that "if the saints curse you the parents
-will cure you, but if the parents curse you the saints will not cure
-you." The ancient Hebrews believed that parents, and especially a
-father, could by their blessings or curses determine the fate of their
-children;[228] indeed, we have reason to assume that the reward which
-in the fifth commandment is held out to respectful children was
-originally a result of parental blessings. We still meet with the
-original idea in Ecclesiasticus, where it is said: "Honour thy father
-and mother both in word and deed, that a blessing may come upon thee
-from them. For the blessing of the father establisheth the houses of
-children; but the curse of the mother rooteth out foundations."[229]
-The same notion that the parents' blessings beget prosperity, and that
-their curses bring ruin, prevailed in ancient Greece. Plato says {623}
-in his 'Laws':--"Neither God, nor a man who has understanding, will
-ever advise any one to neglect his parents. . . . If a man has a
-father or mother, or their fathers or mothers treasured up in his
-house stricken in years, let him consider that no statue can be more
-potent to grant his requests than they are, who are sitting at his
-hearth, if only he knows how to show true service to them. . . .
-Oedipus, as tradition says, when dishonoured by his sons, invoked on
-them curses which every one declares to have been heard and ratified
-by the gods, and Amyntor in his wrath invoked curses on his son
-Phoenix, and Theseus upon Hippolytus, and innumerable others have also
-called down wrath upon their children, whence it is clear that the
-gods listen to the imprecations of parents; for the curses of parents
-are, as they ought to be, mighty against their children as no others
-are. And shall we suppose that the prayers of a father or mother who
-is specially dishonoured by his or her children, are heard by the gods
-in accordance with nature; and that if a parent is honoured by them,
-and in the gladness of his heart earnestly entreats the gods in his
-prayers to do them good, he is not equally heard, and that they do not
-minister to his request? . . . Therefore, if a man makes a right use
-of his father and grandfather and other aged relations, he will have
-images which above all others will win him the favour of the
-gods."[230] Originally the efficacy of parents' curses and blessings
-were ascribed to a magic power immanent in the spoken word itself, and
-their Erinyes, who were no less terrible than the Erinyes of neglected
-guests,[231] were only personifications of their curses.[232] But in
-this, as in other similar cases already noticed, the fulfilment of the
-curse or the blessing came afterwards to be looked upon as an act of
-divine justice. According to Plato, "Nemesis, the messenger of
-justice," watches over unbecoming words uttered {624} to a
-parent;[233] and Hesiod says that if anybody reproaches an aged father
-or mother "Zeus himself is wroth, and at last, in requital for wrong
-deeds, lays on him a bitter penalty."[234] It also seems to be beyond
-all doubt that the _divi parentum_ of the Romans, like their _dii
-hospitales_, were nothing but personified curses. For it is said, "If
-a son beat his parent and he cry out, the son shall be devoted to the
-parental gods for destruction."[235] In aristocratic families in
-Russia children used to stand in mortal fear of their fathers'
-curses;[236] and the country people still believe that a marriage
-without the parents' approval will call down the wrath of Heaven on
-the heads of the young couple.[237] Some of the Southern Slavs
-maintain that if a son does not fulfil the last will of his father,
-the soul of the father will curse him from the grave.[238] The
-Servians say, "Without reverence for old men, there is no
-salvation."[239]
-
-[Footnote 223: Johnston, _Uganda Protectorate_, ii. 879.]
-
-[Footnote 224: Wilson, _Western Africa_, p. 393.]
-
-[Footnote 225: Munzinger, _Ostafrikanische Studien_, p. 475.]
-
-[Footnote 226: _Idem_, _Sitten der Bogos_, p. 90 _sq._]
-
-[Footnote 227: Andersson, _Lake Ngami_, p. 228.]
-
-[Footnote 228: _Genesis_, ix. 25 _sqq._; xxvii. 4, 19, 23, 25, 27
-_sqq._; xlviii. 9, 14 _sqq._; xlix. 4, 7 _sqq._ _Judges_, xvii. 2.
-_Cf._ Cheyne, 'Blessings and Cursings,' in _Encyclopædia Biblica_,
-i. 592; Nowack, 'Blessing and Cursing,' in _Jewish Encyclopedia_,
-iii. 244.]
-
-[Footnote 229: _Ecclesiasticus_, iii. 8 _sq._ _Cf._ _ibid._ iii. 16.]
-
-[Footnote 230: Plato, _Leges_, xi. 930 _sq._ _Cf._ _ibid._ iv. 717.]
-
-[Footnote 231: Aeschylus, _Eumenides_, 545 _sqq._]
-
-[Footnote 232: See _Iliad_, xxi. 412 _sq._; Sophocles, _[OE]dipus
-Coloneus_, 1299, 1434; von Lasaulx, _Der Fluch bei Griechen und
-Römern_, p. 8; Müller, _Dissertations on the Eumenides_, p. 155
-_sqq._; Rohde, 'Paralipomena,' in _Rheinisches Museum für Philologie_,
-1895, p. 7.]
-
-[Footnote 233: Plato, _Leges_, iv. 717.]
-
-[Footnote 234: Hesiod, _Opera et dies_, 331 _sqq._ (329 _sqq._).]
-
-[Footnote 235: Servius Tullius, in Bruns, _Fontes Juris Romani
-antiqui_, p. 14, and Festus, _De verborum significatione_, ver.
-_Plorare_: "Si parentem puer verberit, ast olle plorassit, puer divis
-parentum sacer esto." _Cf._ Leist, _Alt-arisches Jus Civile_, i. 184.]
-
-[Footnote 236: I am indebted to Prince Kropotkin for this statement.]
-
-[Footnote 237: Kovalewsky, _Modern Customs and Ancient Laws of
-Russia_, p. 37.]
-
-[Footnote 238: Krauss, _op. cit._ p. 119.]
-
-[Footnote 239: Maine, _Early Law and Custom_, p. 243.]
-
-In various instances the rewards or punishments attached to the
-behaviour of children seem to spring from the belief in parental
-blessings and curses, although the cause is not expressly mentioned.
-According to ancient Hindu ideas, a father, mother, and spiritual
-teacher are equal to the three Vedas, equal to the three gods,
-Brahman, Vishnu, and Siva.[240] A man who shows no regard for them
-derives no benefit from any religious observance; whereas, "by
-honouring his mother, he gains the present world; by honouring his
-father, the world of gods; and by paying strict obedience to his
-spiritual teacher, the world of Brahman."[241] As in Greece a person
-who had assaulted his parent was regarded as polluted by a curse,[242]
-so according {625} to the sacred law of India, those who quarrel with
-their father, and those who have forsaken their father, mother, or
-spiritual teacher, defile a company and must not be entertained at a
-Srâddha offering.[243] Those who have struck any of these persons
-cannot be readmitted until they have been purified with water taken
-from a sacred lake or river.[244] The stain of disobedience towards
-mother and father is purged away with barley-corns, like food which
-has been licked at by dogs or pigs, or defiled by crows and impure
-men.[245] In the Dhammapada it is said that to him who always greets
-and constantly reveres the aged four things will increase, namely,
-life, beauty, happiness, and power.[246] The Coreans believe that "the
-richest rewards on earth and brightest heaven hereafter await the
-filial child," whereas "curses and disgrace in this life and the
-hottest hell in the world hereafter are the penalties of the
-disobedient or neglectful child."[247] It seems to have been a notion
-of the ancient Egyptians that a son who accepted the word of his
-father would attain old age on that account.[248] The following is an
-exhortation which an Aztec gave to his son:--"Guard against imitating
-the example of those wicked sons who, like brutes that are deprived of
-reason, neither reverence their parents, listen to their instruction,
-nor submit to their correction; because whoever follows their steps
-will have an unhappy end, will die in a desperate or sudden manner, or
-will be killed and devoured by wild beasts."[249] And if an Aztec
-married without the sanction of his parents, the belief was that he
-would be punished with some misfortune.[250] The Aleuts were of
-opinion that those who were attentive to feeble old men, expecting in
-exchange their good advice only, would be long-lived and fortunate in
-the chase and in war, and would not be neglected when growing old
-{626} themselves.[251] In the Tonga Islands "disrespect to one's
-superior relations is little short of sacrilege to the gods," and to
-pay respect to chiefs is "a superior sacred duty, the non-fulfilment
-of which it is supposed the gods would punish almost as severely as
-disrespect to themselves."[252] In the same islands great efficacy is
-ascribed to curses which are uttered by a superior.[253]
-
-[Footnote 240: _Institutes of Vishnu_, xxxi. 7. _Laws of Manu_, ii. 230.]
-
-[Footnote 241: _Institutes of Vishnu_, xxxi. 9 _sq._ _Cf._ _Laws of
-Manu_, ii. 233 _sq._]
-
-[Footnote 242: Plato, _Leges_, ix. 881.]
-
-[Footnote 243: _Institutes of Vishnu_, lxxxii. 28 _sqq._]
-
-[Footnote 244: _Vasishtha_, xv. 19 _sq._]
-
-[Footnote 245: _Baudháyana_, iii. 6. 5. _Institutes of Vishnu_,
-xlviii. 20.]
-
-[Footnote 246: _Dhammapada_, 109.]
-
-[Footnote 247: Griffis, _Corea_, p. 236.]
-
-[Footnote 248: _Precepts of Ptah-Hotep_, 39.]
-
-[Footnote 249: Clavigero, _op. cit._ i. 332. Torquemada, _Monarchia
-Indiana_, ii. 493.]
-
-[Footnote 250: Torquemada, _op. cit._ ii. 415.]
-
-[Footnote 251: Veniaminof, quoted by Petroff, _loc. cit._ p. 155.]
-
-[Footnote 252: Mariner, _op. cit._ ii. 237, 155.]
-
-[Footnote 253: _Ibid._ ii. 238.]
-
-Why are the blessings and curses of parents supposed to possess such
-an extraordinary power? One reason is no doubt the mystery of old age
-and the nearness of death. As appears from several of the cases
-already referred to, it is not parents only but old people generally
-that are held capable of giving due effect to their good and evil
-wishes, and this capacity is believed to increase when life is drawing
-to its close. The Herero "know really no blessing save that conferred
-by the father on his death-bed."[254] According to old Teutonic ideas,
-the curse of a dying person was the strongest of all curses.[255] A
-similar notion prevailed among the ancient Arabs;[256] and among the
-Hebrews the father's mystic privilege of determining the weal or woe
-of his children was particularly obvious when his days were manifestly
-numbered.[257] But, at the same time, parental benedictions and
-imprecations possess a potency of their own owing to the parents'
-superior position in the family and the respect in which they are
-naturally held. The influence which such a superiority has upon the
-efficacy of curses is well brought out by various facts. According to
-the Greek notion, the Erinyes avenged wrongs done by younger members
-of a family to elder ones, even brothers and sisters, but not _vice
-versâ_.[258] The Arabs of Morocco say that the curse of a husband is
-as potent as that of a father. The Tonga Islanders believe {627} that
-curses have no effect "if the party who curses is considerably lower
-in rank than the party cursed."[259] Moreover, where the father was
-invested with sacerdotal functions--as was the case among the ancient
-nations of culture--his blessings and curses would for that reason
-also be efficacious in an exceptional degree.[260]
-
-[Footnote 254: Ratzel, _History of Mankind_, ii. 468.]
-
-[Footnote 255: Grimm, _Teutonic Mythology_, iv. 1690.]
-
-[Footnote 256: Wellhausen, _Reste arabischen Heidentums_, pp. 139, 191.]
-
-[Footnote 257: Cheyne, in _Encyclopædia Biblica_, i. 592.]
-
-[Footnote 258: _Iliad_, xv. 204: "Thou knowest how the Erinyes do
-always follow to aid the elder-born." _Cf._ Müller, _Dissertations on
-the Eumenides_, p. 155 _sq._]
-
-[Footnote 259: Mariner, _op. cit._ ii. 238.]
-
-[Footnote 260: _Cf._ Nowack, in _Jewish Encyclopedia_, iii. 243 _sq._]
-
-However, the facts which we have hitherto considered are hardly
-sufficient to account for the extraordinary development of the
-paternal authority in the archaic State. Great though it be, the
-influence which magic and religious beliefs exercise upon the paternal
-authority is, as we have just seen, largely of a reactive character. A
-father's blessings would not be so eagerly sought for, nor would his
-curses be so greatly feared, if he were a less important personage in
-the family. So, too, as Sir Henry Maine aptly remarks, the father's
-power is older than the practice of worshipping him. "Why should the
-dead father be worshipped more than any other member of the household
-unless he was the most prominent--it may be said, the most
-awful--figure in it during his life?"[261] We must assume that there
-exists some connection between the organisation of the family and the
-political constitution of the society. At the lower stages of
-civilisation--though hardly at the very lowest--we frequently find
-that the clan has attained such an overwhelming importance that only a
-very limited amount of authority could be claimed by the head of each
-separate family. But, as will be shown in a following chapter, this
-was changed when clans and tribes were united into a State. The new
-State tended to weaken and destroy the clan-system, whereas at the
-same time the family-tie grew in strength. In early society there
-seems to be an antagonism between the family and the clan. Where the
-clan-bond is very strong it encroaches upon the family feeling, and
-where it is loosened the family gains. Hence Dr. Grosse is probably
-right in his {628} assumption that the father became a patriarch, in
-the true sense of the word, only as the inheritor of the authority
-which formerly belonged to the clan.[262]
-
-[Footnote 261: Maine, _Early Law and Custom_, p. 76.]
-
-[Footnote 262: Grosse, _Die Formen der Familie_, p. 219.]
-
-But whilst in its early days the State strengthened the family by
-weakening the clan, its later development had a different tendency.
-When national life grew more intense, when members of separate
-families drew nearer to one another in pursuit of a common goal, the
-family again lost in importance. It has been observed that in England
-and America, where political life is most highly developed, children's
-respect for their parents is at a particularly low ebb.[263] Other
-factors also, inherent in progressive civilisation, contributed to the
-downfall of the paternal power--the extinction of ancestor-worship,
-the decay of certain superstitious beliefs, the declining influence of
-religion, and last, but not least, the spread of a keener mutual
-sympathy throughout the State, which could not tolerate that the
-liberty of children should be sacrificed to the despotic rule of their
-fathers.
-
-[Footnote 263: Monier Williams, _Indian Wisdom_, p. 440, n. 1.]
-
-
-
-
-CHAPTER XXVI
-
-THE SUBJECTION OF WIVES
-
-AMONG the lower races, as a rule, a woman is always more or less in a
-state of dependence. When she is emancipated by marriage from the
-power of her father, she generally passes into the power of her
-husband. But the authority which the latter possesses over his wife
-varies extremely among different peoples.
-
-Frequently the wife is said to be the property or slave of her
-husband. In Fiji "the women are kept in great subjection. . . . Like
-other property, wives may be sold at pleasure, and the usual price is
-a musket."[1] "The Carib woman is always in bondage to her male
-relations. To her father, brother, or husband she is ever a slave, and
-seldom has any power in the disposal of herself."[2] Many North
-American Indians are said to treat their wives much as they treat
-their dogs.[3] Among the Shoshones "the man is the sole proprietor of
-his wives and daughters, and can barter them away, or dispose of them
-in any manner he may think proper."[4] Among the East African Wanika a
-woman "is a toy, a tool, a slave in the very worst sense; indeed she
-is treated as though she were a {630} mere brute."[5] Many other
-statements to a similar effect are met with in ethnographical
-literature.[6]
-
-[Footnote 1: Wilkes, _U.S. Exploring Expedition_, iii. 332.]
-
-[Footnote 2: Brett, _Indian Tribes of Guiana_, p. 353.]
-
-[Footnote 3: Harmon, _Journal of Voyages in the Interior of North
-America_, p. 344.]
-
-[Footnote 4: Lewis and Clarke, _Travels to the Source of the Missouri
-River_, p. 307.]
-
-[Footnote 5: New, _Life, Wanderings, and Labourings in Eastern
-Africa_, p. 119.]
-
-[Footnote 6: Gibbs, 'Tribes of Western Washington and Northwestern
-Oregon,' in _Contributions to N. American Ethnology_, i. 198. von
-Martius, _Beiträge zur Ethnographie Amerika's_, i. 104 (Brazilian
-Indians). Reade, _Savage Africa_, p. 548 (Negroes of Equatorial
-Africa). Proyart, 'History of Loango,' in Pinkerton, _Collection of
-Voyages and Travels_, xvi. 570 (Negroes of Loango). Andersson, _Notes
-on Travel in South Africa_, p. 236 (Ovambo). Castrén, _Nordiska resor
-och forskningar_, i. 310; ii. 56 (Ostyaks). In all these cases women
-are said to be mere articles of commerce, or slaves, or kept in a
-state of dependence bordering on slavery. In other instances women are
-said to be oppressed by their husbands, or treated as inferior beings
-(Waitz [-Gerland], _Anthropologie der Naturvölker_, iii. 100 [North
-American Indians]; vi. 626 [Melanesians]. Bancroft, _Native Races of
-the Pacific States_, i. 121 [Hare and Sheep Indians]. Powers, _Tribes
-of California_, p. 133 [Yuki]. Tuckey, _Expedition to Explore the
-River Zaire_, p. 371 [Negroes]. Ling Roth, _Aborigines of Tasmania_,
-p. 54).]
-
-Yet it seems that even in cases where the husband's power over his
-wife is described as absolute, custom has not left her entirely
-destitute of rights. Of the Australian aborigines in general it is
-said that "the husband is the absolute owner of his wife (or
-wives)";[7] of the natives of Central Australia, that "each father of
-a family rules absolutely over his own circle";[8] of certain tribes
-in West Australia, that the state of slavery in which the women are
-kept is truly deplorable, and that the mere presence of their husbands
-makes them tremble.[9] But we have reason to believe that there is
-some exaggeration in these statements, and they certainly do not hold
-good of the whole Australian race. We have noticed above that custom
-does not really allow the Australian husband full liberty to kill his
-wife.[10] For punishing or divorcing her he must sometimes have the
-consent of the tribe.[11] There are even cases in which a wife whose
-husband has been unfaithful to her may complain of his conduct to the
-elders of the tribe, and he may have to suffer for it.[12] In
-North-West-Central Queensland the women are on one special occasion
-{631} allowed themselves to inflict punishments upon the men: at a
-certain stage of the initiation ceremony "each woman can exercise her
-right of punishing any man who may have ill-treated, abused, or
-'hammered' her, and for whom she may have waited months or perhaps
-years to chastise."[13] Of the natives of Central Australia Messrs.
-Spencer and Gillen say that "the women are certainly not treated
-usually with anything which could be called excessive harshness";[14]
-and we hear from various authorities that in several Australian tribes
-married people are often much attached to each other, and continue to
-be so even when they grow old.[15] Among the aborigines of New South
-Wales, for instance, "the husbands are as a general rule fond of their
-wives, and the wives loyal and affectionate to their husbands."[16]
-Nay, white men who have lived among the blacks assure us that there
-are henpecked husbands even in the Australian desert.[17]
-
-[Footnote 7: Curr, _The Australian Race_, i. 109.]
-
-[Footnote 8: Eyre, _Expeditions of Discovery into Central Australia_,
-ii. 317.]
-
-[Footnote 9: Salvado, _Mémoires historiques sur l'Australie_, p. 279.
-For other similar statements referring to the Australian aborigines,
-see Nieboer, _Slavery as an Industrial System_, p. 11.]
-
-[Footnote 10: _Supra_, p. 418.]
-
-[Footnote 11: Nieboer, _op. cit._ p. 17.]
-
-[Footnote 12: _Ibid._ p. 18.]
-
-[Footnote 13: Roth, _Ethnol. Studies among the North-West-Central
-Queensland Aborigines_, pp. 141, 176.]
-
-[Footnote 14: Spencer and Gillen, _Native Tribes of Central
-Australia_, p. 50.]
-
-[Footnote 15: Westermarck, _History of Human Marriage_, p. 359.
-Stirling, _Report of the Horn Expedition to Central Australia_,
-Anthropology, p. 36.]
-
-[Footnote 16: Hill and Thornton, _Aborigines of New South Wales_, p. 7.]
-
-[Footnote 17: Calvert, _Aborigines of Western Australia_, p. 31.]
-
-Other instances may be added to show that the so-called absolute
-authority of husbands over their wives is not to be taken too
-literally. Of the Guiana Indians Sir E. F. Im Thurn observes:--"The
-woman is held to be as completely the property of the man as his dog.
-He may even sell her if he chooses."[18] But in another place the same
-authority admits not only that the women in a quiet way may have a
-considerable influence with the men, but that, "even if the men
-were--though this is in fact quite contrary to their nature--inclined
-to treat them cruelly, public opinion would prevent this."[19] Of the
-Plains Indians of the United States Colonel Dodge writes:--"The
-husband owns his wife entirely. He may abuse her, beat her, even kill
-her without question. She is more absolutely a slave than any negro
-before the war of rebellion." But {632} on the following page we are
-told that custom gives to every married woman of the tribes "the
-absolute right to leave her husband and become the wife of any other
-man, the sole condition being that the new husband must have the means
-to pay for her."[20] Among the Chippewyans the women are said to be
-"as much in the power of the men as any other articles of their
-property," although, at the same time, "they are always consulted, and
-possess a very considerable influence in the traffic with Europeans,
-and other important concerns."[21] Among the Mongols a woman is
-"entirely dependent on her husband"; yet "in the household the rights
-of the wife are nearly equal to those of the husband."[22] Dr.
-Paulitschke tells us that among the Somals, Danakil, and Gallas, a
-wife has no rights whatever in relation to her husband, being merely a
-piece of property; but subsequently we learn that she is his equal,
-and "a mistress of her own will."[23] We must certainly not, like Mr.
-Spencer, conclude that where women are exchangeable for oxen or other
-beasts they are "of course" regarded as equally without personal
-rights.[24] The bride-price is a compensation for the loss sustained
-in the giving up of the girl, and a remuneration for the expenses
-incurred in her maintenance till the time of her marriage;[25] it does
-not _eo ipso_ confer on the husband absolute rights over her. With
-reference to certain tribes in South-Eastern Africa, the Rev. James
-Macdonald observes:--"A man obtains a wife by giving her father a
-certain number of cattle. This, though often called such, is not
-purchase in the usual sense of the word. The woman does not become a
-chattel. She cannot be resold or ill-treated beyond well-defined legal
-limits. She retains certain rights to property and an interest in the
-cattle paid for her. They are a guarantee for the husband's good {633}
-behaviour."[26] There are even peoples among whom the husband's
-authority hardly exists, although he has had to pay for his
-wife.[27]
-
-[Footnote 18: Im Thurn, _Indians of Guiana_, p. 223.]
-
-[Footnote 19: _Ibid._ p. 215.]
-
-[Footnote 20: Dodge, _Our Wild Indians_, p. 205 _sq._]
-
-[Footnote 21: Mackenzie, _Voyages to the Frozen and Pacific Oceans_,
-p. cxxii. _sq._ Schoolcraft, _Archives of Aboriginal Knowledge_, v. 176.]
-
-[Footnote 22: Prejevalsky, _Mongolia_, i. 69 _sqq._]
-
-[Footnote 23: Paulitschke, _Ethnographie Nordost-Afrikas_, pp. 189,
-190, 244.]
-
-[Footnote 24: Spencer, _Principles of Sociology_, i. 750.]
-
-[Footnote 25: Westermarck, _History of Human Marriage_, p.
-402.]
-
-[Footnote 26: Macdonald, _Light in Africa_, p. 159.]
-
-[Footnote 27: _E.g._, the Navahos and Pelew Islanders (Westermarck,
-_op. cit._ pp. 392, 393, 398 _sq._ For the position of wives among
-these peoples, see _infra_, pp. 638, 643).]
-
-Among many peoples the hardest drudgeries of life are said to be
-imposed on the women. Among the Kutchin "the women are literally
-beasts of burden to their lords and masters. All the heavy work is
-performed by them."[28] The Californian Karok, while on a journey,
-lays by far the greatest burdens on his wife, whom he regards as a
-drudge.[29] Among the Kenistenos the life of the women is an
-uninterrupted succession of toil and pain, hence "they are sometimes
-known to destroy their female children, to save them from the miseries
-which they themselves have suffered."[30] "The condition of the women
-among the Chaymas," says von Humboldt, "like that in all
-semi-barbarous nations, is a state of privation and suffering. The
-hardest labour is their share."[31] Among the Australian aborigines
-"wives have to undergo all the drudgery of the camp and the march,
-have the poorest food and the hardest work."[32] In Eastern Central
-Africa "the women hold an inferior position. They are viewed as beasts
-of burden, which do all the harder work."[33] Among the Kakhyens "the
-men are averse to labour, but the lot of all women, irrespective of
-rank, is one of drudgery";[34] and so forth.[35] But it seems that
-{634} these and similar statements, however correct they be, hardly
-express the whole truth. In early society each sex has its own
-pursuits. The man is responsible for the protection of the family,
-and, ultimately, for its support. His occupations are such as require
-strength and agility--fighting, hunting, fishing, the construction of
-implements for the chase and war, and, frequently, the cutting of
-trees and the building of lodges.[36] The woman may accompany him as a
-helpmate on his expeditions, sometimes even participating in the
-battle,[37] and when they travel she generally carries the baggage.
-But her principal occupations are universally of a domestic kind: she
-procures wood and water, prepares the food, dresses skins, makes
-clothes, takes care of the children. She, moreover, supplies the
-household with vegetable food, gathers roots, berries, acorns, and so
-forth, and among agricultural peoples very frequently cultivates the
-soil. Whilst cattle-rearing, having developed out of the chase, is
-largely a masculine pursuit,[38] agriculture, having developed out of
-collecting seeds and plants, originally devolves on the
-women.[39]
-
-[Footnote 28: Hardisty, 'Loucheux Indians,' in _Smithsonian Report_,
-1866, p. 312.]
-
-[Footnote 29: Powers, _op. cit._ p. 23 _sq._]
-
-[Footnote 30: Schoolcraft, _Archives of Aboriginal Knowledge_, v. 167.]
-
-[Footnote 31: von Humboldt, _Personal Narrative of Travels_, iii. 238.]
-
-[Footnote 32: Curr, _The Australian Race_, i. 110.]
-
-[Footnote 33: Macdonald, _Africana_, i. 35.]
-
-[Footnote 34: Anderson, _Mandalay to Momien_, p. 137.]
-
-[Footnote 35: For other instances, see Mackenzie, _Voyages to the
-Frozen and Pacific Oceans_, p. 147 (Rocky Mountain Indians); Parker,
-in Schoolcraft, _Archives_, v. 684 (Comanches); Im Thurn, _op. cit._
-p. 215 (Guiana Indians); Keane, 'Botocudos,' in _Jour. Anthr. Inst._
-xiii. 206; Weddell, _Voyage towards the South Pole_, p. 156, Darwin,
-_Journal of Researches_, p. 216, and Bove, _Patagonia_, p. 131
-(Fuegians); Nieboer, _op. cit._ p. 13 _sqq._ (Australian aborigines);
-Williams and Calvert, _Fiji_, p. 145; Forster, _Voyage round the
-World_, ii. 324 (natives of Tana, of the New Hebrides); Zimmermann,
-_Inseln des indischen und stillen Meeres_, ii. 17 (New Caledonians),
-105 (New Irelanders); Lewin, _Wild Races of South-Eastern India_, pp.
-192 (Toungtha), 254 _sq._ (Kukis); Rowney, _Wild Tribes of India_, p.
-214 (most of the wild tribes of India); Reade, _op. cit._ pp. 51, 259,
-545 (various African peoples); Waitz, _Anthropologie der Naturvölker_,
-ii. 117 (Negroes); Valdau, 'Om Ba-Kwileh folket,' in _Ymer_, v. 167,
-169.]
-
-[Footnote 36: See Spencer, _Principles of Sociology_, i. 750 _sqq._]
-
-[Footnote 37: For women taking part in battles, see Schoolcraft,
-_Indian Tribes of the United States_, i. 236 (Comanches); Powers, _op.
-cit._ pp. 246 (Shastika Indians of California), 253 (Modok Indians of
-California); Waitz [-Gerland], _op. cit._ iii. 375 (Caribs), vi. 121
-(Maoris); Wilkes, _op. cit._ v. 93 (Kingsmill Islanders); Kotzebue,
-_Voyage of Discovery into the South Sea_, iii. 171 (natives of
-Radack).]
-
-[Footnote 38: Grosse, _Die Formen der Familie_, p. 92 _sqq._]
-
-[Footnote 39: _Ibid._ p. 159. Hildebrand, _Recht und Sitte auf den
-verschiedenen wirthschaftlichen Kulturstufen_, p. 44 _sqq._ Dargun,
-'Ursprung und Entwicklungsgeschichte des Eigenthums,' in _Zeitschr. f.
-vergl. Rechtswiss._ v. 39, 110. Bücher, _Die Entstehung der
-Volkswirthschaft_, p. 36 _sqq._ Schurtz, _Das afrikanische Gewerbe_,
-p. 7. Ling Roth, 'Origin of Agriculture,' in _Jour. Anthr. Inst._ xvi.
-119 _sq._ Mason, _Woman's Share in Primitive Culture_, pp. 15 _sqq._,
-146 _sqq._, 277 _sq._ Havelock Ellis, _Man and Woman_, p. 5. von den
-Steinen, _Unter den Naturvölkern Zentral-Brasiliens_, p. 214. von
-Schuetz-Holzhausen, _Der Amazonas_, p. 67 (Peruvian Indians). Waitz,
-_op. cit._ iii. 376 (Caribs). Prescott, in Schoolcraft, _Indian Tribes
-of the United States_, i. 235 (Dacotahs). Colden, _ibid._ iii. 191;
-Seaver, _Narrative of the Life of Mrs. Mary Jemison_, p. 168
-(Iroquois). 'Die Baluga-Negritos der Provinz Pampanga (Luzon),' in
-**_Globus_, xli. 238. Zöller, _Kamerun_, iii. 58 (Banaka and Bapuku).
-Möller, Pagels, and Gleerup, _Tre år i Kongo_, i. 129, 137 (Kuilu
-Negroes), 270 (Bakongo). Valdau, in _Ymer_, v. 165 (Bakwileh).
-Burrows, 'Natives of the Upper Welle District,' in _Jour. Anthr.
-Inst._ xxviii. 41 (Niam-Niam). New, _op. cit._ pp. 114 (Wanika), 359
-(Wataveta). Stuhlmann, _Mit Emin Pascha ins Herz von Afrika_, p. 182
-(Waganda). Pogge, _Im Reiche des Muata Jamwo_, p. 243 (Kalunda of
-Mussumba). Decle, _Three Years in Savage Africa_, pp. 78, 79, 85
-(Barotse), 160 (Matabele). von Weber, _Vier Jahre in Afrika_, ii. 195
-(Zulus). There are, however, exceptions to the rule. Among the Creeks
-and Cherokee Indians not a third part as many women as men are seen at
-work in their plantations (Bartram, in _Trans. American Ethn. Soc._
-iii. pt i. 31). Among the Wakamba both sexes work in the fields, all
-heavy work, such as clearing and breaking new ground, being done by
-men (Decle, _op. cit._ p. 493). Among various peoples, indeed, such
-agricultural work as requires considerable strength devolves on the
-male sex (Hildebrand, _op. cit._ p. 44 _sqq._ Havelock Ellis, _Man and
-Woman_, p. 5). In the Malay Archipelago the men are chiefly engaged in
-the field-work (Ratzel, _History of Mankind_, i. 441). In the
-Kingsmill Islands (Wilkes, _op. cit._ v. 91), Tonga (Cook, _Voyage to
-the Pacific Ocean_, i. 390 _sqq._), and the Caroline Group (Cantova,
-quoted _ibid._ i. 392, note) the soil is cultivated by the men. Among
-the Gallas, "whilst the women tend the sheep and oxen in the field,
-and manage the hives of bees, the men plough, sow, and reap" (Harris,
-_Highlands of Aethiopia_, iii. 47).]
-
-{635} The various occupations of life are thus divided between the
-sexes according to rules; and, though the formation of these rules no
-doubt has been more or less influenced by the egoism of the stronger
-sex, the essential principle from which they spring lies deeper. They
-are on the whole in conformity with the indications which nature
-herself has given. Take, for instance, the apparently cruel custom of
-using the women as beasts of burden. To the superficial observer, as
-M. Pinart remarks--with special reference to the Panama Indians,--it
-may indeed seem strange that the woman should be charged with a heavy
-load, while the man walking before her carries nothing but his
-weapons. But a little reflection will make it plain that the man has
-good reason for keeping himself free and mobile. The little caravan is
-surrounded with dangers: when traversing a savannah or a forest a
-hostile Indian may appear at any moment, or a tiger or a snake may lie
-in wait for the travellers. Hence the man must be on the alert, and
-ready in an instant to catch his arms to defend himself and his family
-against the aggressor.[40] Dobrizhoffer writes, "The luggage being all
-committed to the women, the Abipones travel armed {636} with a spear
-alone, that they may be disengaged to fight or hunt, if occasion
-require."[41]
-
-[Footnote 40: Pinart, quoted by Nieboer, _op. cit._ p. 21.]
-
-[Footnote 41: Dobrizhoffer, _Account of the Abipones_, ii. 118. _Cf._
-Wied-Neuwied _Reise nach Brasilien_, ii. 17, 37 (Botocudos); Giddings,
-_Principles of Sociology_, p. 266 _sq._]
-
-Moreover, whatever may have been the original reason for allotting a
-certain occupation to the one sex to the exclusion of the other, any
-such restriction has subsequently been much emphasised by custom, and
-in many cases by superstition as well.[42] In Africa it is a common
-belief that the cattle get ill if women have anything to do with
-them.[43] Hence among most Negro races milking is only permitted to
-men.[44] In South-Eastern Africa "a woman must not enter the cattle
-fold."[45] The Bechuanas never allow women to touch their cattle,
-hence the men have to plough themselves.[46] In North America Indian
-custom and superstition ordain that the wife must carefully keep away
-from all that belongs to her husband's sphere of action.[47] On the
-other hand, among the Dacotahs "the men do not often interfere with
-the work of the women; neither will they help them if they can avoid
-it, for fear of being laughed at and called a woman."[48] In Abyssinia
-"it is infamy for a man to go to market to buy anything. He cannot
-carry water or bake bread; but he must wash the clothes belonging to
-both sexes, and, in this function, the women cannot help him."[49]
-Among the Beni A[h.]sen tribe in Morocco the women of the village
-where I was staying were quite horrified when one of my native
-servants set out to fetch water; they would on no account allow him to
-do what they said was a woman's business. The Greenlander regards it
-as scandalous for a man to interfere with any occupation which belongs
-to the women. When he has brought his booty to land, he troubles
-himself no further about it; "for it would be a stigma on his
-character, {637} if he so much as drew a seal out of the water."[50]
-Among the Bakongo a man would be much ridiculed by the women
-themselves, if he wanted to help them in their work in the field.[51]
-Sometimes agriculture is supposed to be dependent for success on a
-magic quality in woman, intimately connected with child-bearing.[52]
-Some Orinoco Indians said to Father Gumilla:--"When the women plant
-maize the stalk produces two or three ears; when they set the manioc
-the plant produces two or three baskets of root; and thus everything
-is multiplied. Why? Because women know how to produce children, and
-know how to plant the corn so as to ensure its germinating. Then, let
-them plant it; we do not know so much as they do."[53]
-
-[Footnote 42: See Crawley, _Mystic Rose_, p. 49 _sq._]
-
-[Footnote 43: Schurtz, _Das afrikanische Gewerbe_, p. 10.]
-
-[Footnote 44: Ratzel, _op. cit._ ii. 419.]
-
-[Footnote 45: Macdonald, _Life in Africa_, p. 221.]
-
-[Footnote 46: Holub, 'Central South African Tribes,' in _Jour. Anthr.
-Inst._ x. 11.]
-
-[Footnote 47: Waitz, _op. cit._ iii. 100.]
-
-[Footnote 48: Prescott, in Schoolcraft, _Indian Tribes of the United
-States_, iii. 235.]
-
-[Footnote 49: Bruce, _Travels to Discover the Source of the Nile_
-iv. 474.]
-
-[Footnote 50: Nansen, _First Crossing of Greenland_, ii. 313. Cranz,
-_History of Greenland_, i. 138, 154.]
-
-[Footnote 51: Möller, Pagels, and Gleerup, _op. cit._ i. 270.]
-
-[Footnote 52: See Payne, _History of the New World_, ii. 8.]
-
-[Footnote 53: Gumilla, _El Orinoco ilustrado_, ii. 274 _sq._]
-
-It is obvious that this strict division of labour is apt to mislead
-the travelling stranger. He sees the women hard at work, and the men
-idly looking on; and it escapes him that the latter will have to be
-busy in their turn, within their own sphere of action. What is largely
-due to the force of custom is taken to be sheer tyranny on the part of
-the men; and the wife is pronounced to be an abject slave of her
-husband, destitute of all rights. And yet the strong differentiation
-of work, however burdensome it may be to the wife, is itself a source
-of rights, giving her authority within the circle which is exclusively
-her own. Among the Banaka and Bapuku the wife, though said to be her
-husband's property and slave, is nevertheless an autocrat in her own
-house, strong enough to bid defiance to her lord and master.[54] Among
-the North American Indians, Schoolcraft observes, "the lodge itself,
-with all its arrangements, is the precinct of the rule and government
-of the wife. . . . The husband has no voice in this matter."[55] Many
-other statements to a similar effect will be quoted below.
-
-[Footnote 54: Steinmetz, _Rechtsverhältnisse_, p. 29 _sq._]
-
-[Footnote 55: Schoolcraft, _Indian in his Wigwam_, p. 73.]
-
-{638} We have reason, then, to believe that the authority which savage
-husbands possess over their wives is not always quite so great as it
-is said to be. And we must distinctly reject as erroneous the broad
-statement that the lower races in general hold their women in a state
-of almost complete subjection.[56] Among many of them the married
-woman, though in the power of her husband, is known to enjoy a
-remarkable degree of independence, to be treated by him with
-consideration, and to exercise no small influence upon him. In several
-cases she is stated to be his equal, and in a few his superior.
-
-[Footnote 56: Thus Meiners says (_History of the Female Sex_, i. 2),
-"Among savage nations, the entrance into the married state is for the
-female the commencement of the most cruel and abject slavery; for
-which reason many women dread matrimony more than death." In a recent
-work on the primitive family an Italian writer regards it as perhaps
-the most fundamental fact in the family institution that the woman is
-always and everywhere "sottoposta al più gravoso _mundium_ maritale"
-(Amadori-Virgilj, _L'istituto famigliare nelle società primordiali_,
-p. 138).]
-
-Among many of the South American Indians the women have been
-noticed to occupy a respected position in the family or community.[57]
-Thus, among the Goajiros of Colombia, "in a quarrel or drunken brawl,
-women often save bloodshed by stepping in and tearing the weapons out
-of their husband's or brother's hand. Travelling with women is
-consequently perfectly safe, and in case of danger, if one undertakes
-to protect a stranger, he may rely upon coming out all right."[58]
-Among the Tarahumares of Mexico--in spite of their saying that one man
-is as good as five women--the woman "occupies a comparatively high
-position in the family, and no bargain is ever concluded until the
-husband has consulted his wife in the matter."[59] Among the Navahos
-of New Mexico the women "exert a great deal of influence";[60] they
-"are very independent of menial duties, and leave their husbands upon
-the slightest pretext of dislike";[61] "by common consent the house
-and all the domestic gear belongs entirely to the wife."[62] In {639}
-his description of North American Indians Mr. Grinnell observes:--"The
-Indian woman, it is usually thought, is a mere drudge and slave, but,
-so far as my observations extend, this notion is wholly an erroneous
-one. It is true that the women were the labourers of the camp; that
-they did all the hard work, about which there was no excitement . . . .
-but they were not mere servants. On the contrary, their position was
-very respectable. They were consulted on many subjects, not only in
-connection with family affairs, but in more important and general
-matters. Sometimes women were even admitted to the councils and spoke
-there, giving their advice. . . . In ordinary family conversation
-women did not hesitate to interrupt and correct their husbands when
-the latter made statements with which they did not agree, and the men
-listened to them with respectful attention, though of course this
-depended on the standing of the woman, her intelligence, etc."[63]
-Another competent observer, Ten Kate, strongly protests against the
-statement that, among the North American Indians, women are treated as
-beasts of burden, and affirms that their condition, as compared with
-that of the women of the lower classes in civilised countries, is
-rather better than worse.[64] Among the Omahas the women had an equal
-standing in society with the men; both the husband and wife were at
-the head of the family and the joint owners of the lodge, robes, and
-so forth, so that the man could not give away anything if his wife was
-unwilling.[65] Among the Senecas, "usually, the female portion ruled
-the house, and were doubtless clannish enough about it. The stores
-were in common; but woe to the luckless husband or lover who was too
-shiftless to do his share of the providing. No matter how many
-children, or whatever goods he might have in the house, he might at
-any time be ordered to pick up his blanket and budge."[66] "From
-documentary references," says Mr. Mooney, "it is apparent that there
-existed among the Cherokee a custom analogous to that found among the
-Iroquois and probably other Eastern tribes, by which the decision of
-important questions relating to peace and war was left to a vote of
-the women."[67] Among the Salish, or Flatheads, "although the women
-are required to do much hard labour, they are {640} by no means
-treated as slaves, but, on the contrary, have much consideration and
-authority."[68] Among the Nootkas "wives are consulted in matters of
-trade, and in fact seem to be nearly on terms of equality with their
-husbands, except that they are excluded from some public feasts and
-ceremonies."[69] Among the Indians about Puget Sound, also, women "are
-always consulted in matters of trade before a bargain is closed," and
-"acquire great influence in the tribe."[70] The Thlinket woman is not
-the slave of her husband; she has determinate rights, and her
-influence is considerable.[71] Among the natives of Cross Cape she
-even possesses "acknowledged superiority over the other sex."[72]
-Among the Western Tinneh "the women do only a fair share of the work
-and have a powerful voice in most affairs."[73] In Kadiak they were
-held in much respect, and enjoyed great liberties.[74] Among the
-Kamchadales they had the command of everything, and the husbands were
-their obedient slaves.[75] Nordenskiöld says of the Chukchi:--"The
-power of the woman appears to be very great. In making the more
-important bargains, even about weapons and hunting implements, she is,
-as a rule, consulted, and her advice is taken. A number of things
-which form women's tools she can barter away on her own
-responsibility, or in any other way employ as she pleases."[76] Mr.
-Bancroft's statement concerning the Western Eskimo, that "the lot of
-the women is but little better than slavery,"[77] must be understood
-as chiefly involving the fact that they have much hard work to do.
-According to Dr. Seemann they "are treated, although not as equals, at
-least with more consideration than is customary among barbarous
-nations"; nay, "it not infrequently happens that the woman is the
-chief authority of the house," and "the man {641} never makes a
-bargain without consulting his wife, and if she does not approve, it
-is rejected."[78] Among the Point Barrow Eskimo "the women appear to
-stand on a footing of perfect equality with the men both in the family
-and in the community. The wife is the constant and trusted companion
-of the man in everything except the hunt, and her opinion is sought in
-every bargain or other important undertaking."[79] In Greenland, also,
-though the woman is considered much inferior to the man, she is in no
-way oppressed,[80] and her husband consults with her on important
-matters.[81]
-
-[Footnote 57: Waitz, _Anthropologie der Naturvölker_, iii. 472
-(Guaycurus), 530 (Morotocos). von den Steinen, _Unter den Naturvölkern
-Zentral-Brasiliens_, p. 332 (Bakaïri).]
-
-[Footnote 58: Simons, 'Exploration of the Goajira Peninsula,' in
-_Proceed. Roy. Geo. Soc._ N.S. vii. 792. See also Candelier,
-_Rio-Hacha_, p. 256.]
-
-[Footnote 59: Lumholtz, _Unknown Mexico_, i. 265.]
-
-[Footnote 60: Letherman, in _Ann. Rep. Smithsonian Inst._ 1855, p. 294.]
-
-[Footnote 61: Eaton, in Schoolcraft, _Archives_, iv. 217.]
-
-[Footnote 62: Stephen, in _American Anthropologist_, vi. 354.]
-
-[Footnote 63: Grinnell, _Story of the Indian_, p. 46. _Cf._ Waitz,
-_op. cit._ iii. 101 _sq._]
-
-[Footnote 64: Ten Kate, _Reizen en ondersoekingen Noord-Amerika_, p.
-365. _Cf._ _ibid._ 9.]
-
-[Footnote 65: Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur. Ethn._
-iii. 266, 366.]
-
-[Footnote 66: Morgan, _Houses and House-Life of the American
-Aborigines_, p. 65 _sq._ See also Dixon, _New America_, p. 46.]
-
-[Footnote 67: Mooney, 'Myths of the Cherokee,' in _Ann. Rep. Bur.
-Ethn._ xix. 489.]
-
-[Footnote 68: Hale, _U.S. Exploring Expedition. Vol. VI. Ethnography
-and Philology_, p. 207.]
-
-[Footnote 69: Bancroft, _op. cit._ i. 196. _Cf._ Sproat, _Scenes and
-Studies of Savage Life_, pp. 93, 95 (Ahts).]
-
-[Footnote 70: Bancroft, _op. cit._ i. 218.]
-
-[Footnote 71: Krause, _Tlinkit-Indianer_, p. 161.]
-
-[Footnote 72: Meares, _Voyages to the North-West Coast of America_,
-p. 323.]
-
-[Footnote 73: Dall, _Alaska_, p. 431.]
-
-[Footnote 74: Holmberg, 'Ethnographische Skizzen über die Völker des
-russischen Amerika,' in _Acta Soc. Scient. Fennicæ_, iv. 399.]
-
-[Footnote 75: Steller, _Beschreibung von dem Lande Kamtschatka_,
-p. 287.]
-
-[Footnote 76: Nordenskiöld, _Vegas färd kring Asien och Europa_,
-ii. 144.]
-
-[Footnote 77: Bancroft, _op. cit._ i. 65 _sq._ Mr. Bancroft's
-authority is probably Armstrong, who says that the women are, to all
-intents and purposes, the slaves of the men, and do the greater part
-of the outdoor work, except hunting and fishing; but he adds that they
-nevertheless enjoy a higher position and more consideration than is
-usual amongst savages (Armstrong, _Personal Narrative of the Discovery
-of the North-West Passage_, p. 195).]
-
-[Footnote 78: Seemann, _Narrative of the Voyage of "Herald,"_ ii. 66.]
-
-[Footnote 79: Murdoch, 'Ethnological Results of the Point Barrow
-Expedition,' in _Ann. Rep. Bur. Ethn._ ix. 413.]
-
-[Footnote 80: Nansen, _First Crossing of Greenland_, ii. 312.]
-
-[Footnote 81: Nordenskiöld, _Den andra Dicksonska expeditionen till
-Grönland_, p. 509.]
-
-Among the nomadic Tangutans the women's rights in the household
-seemed to Prejevalsky to be equal to those of the men.[82] Of the
-Todas of India it is said that their women "hold a position in the
-family quite unlike what is ordinarily witnessed among Oriental
-nations. They are treated with respect, and are permitted a remarkable
-amount of freedom."[83] Among the Kandhs women "are uniformly treated
-with respect; the mothers of families generally with much honour.
-Nothing is done either in public or in private affairs without
-consulting them, and they generally exert upon the councils of their
-tribes a powerful influence." A wife may quit her husband at any time,
-except within a year of her marriage, or when she expects offspring,
-or within a year after the birth of a child, though, when she quits
-him, he has a right to reclaim immediately from her father the whole
-sum paid for her.[84] Among the peasants of the North-Western
-Provinces of India the wife is an influential personage in the
-household, not a mere drudge. Little is done without her knowledge and
-advice. If she is badly wronged the tribal council will protect her,
-and on the whole her position is, perhaps, not worse than that of her
-sisters in a similar grade of life in other parts of the world.[85]
-Among the Káttis the men are much under the authority of their
-wives.[86] Among the Bheels women "have much influence in the
-society," and married men have always had the credit of allowing their
-wives to domineer over them.[87] "A Kol or Ho," says Dr. Hayes, "makes
-a regular companion {642} of his wife. She is consulted in all
-difficulties, and receives the fullest consideration due to her
-sex";[88] and Colonel Dalton adds, "As a rule, in no country in the
-world are wives better treated."[89] The Garos are "kind husbands, and
-their conduct generally towards the weaker sex is marked by
-consideration and respect."[90] The Bódo and Dhimáls "use their wives
-and daughters well, treating them with confidence and kindness."[91]
-The Santal "treats the female members of his family with respect."[92]
-Among the Kukis women are generally held in consideration; "their
-advice is taken, and they have much influence."[93] Mr. Colquhoun
-observes that among the Indo-Chinese races equality of the sexes
-prevails, and prevailed long before Buddhism took any hold upon the
-country.[94]
-
-[Footnote 82: Prejevalsky, _Mongolia_, ii. 121.]
-
-[Footnote 83: Marshall, _A Phrenologist amongst the Todas_, p. 43.]
-
-[Footnote 84: Macpherson, _Memorials of Service in India_, pp. 69,
-132 _sq._]
-
-[Footnote 85: Crooke, _North-Western Provinces of India_, p. 230 _sq._]
-
-[Footnote 86: Rowney, _Wild Tribes of India_, p. 47.]
-
-[Footnote 87: Malcolm, _Memoir of Central India_, ii. 180. Rowney,
-_op. cit._ p. 38.]
-
-[Footnote 88: Hayes, quoted by Dalton, _Descriptive Ethnology of
-Bengal_, p. 194. _Cf._ Bradley-Birt, _Chota-Nagpore_, p. 100 _sq._]
-
-[Footnote 89: Dalton, _op. cit._ p. 194.]
-
-[Footnote 90: _Ibid._ p. 68.]
-
-[Footnote 91: Hodgson, _Miscellaneous Essays_, i. 150.]
-
-[Footnote 92: Hunter, _Annals of Rural Bengal_, i. 217. _Cf._ _Ymer_,
-v. p. xxiv.]
-
-[Footnote 93: Lewin, _Wild Races of South-Eastern India_, p. 254.]
-
-[Footnote 94: Colquhoun, _Amongst the Shans_, p. 234. _Cf._ Fytche,
-_Burma_, ii. 72.]
-
-Among the Nicobarese "the position of women is, and always has
-been, in no way inferior to that of the other sex. They take their
-full share in the formation of public opinion, discuss publicly with
-the men matters of general interest to the village, and their opinions
-receive due attention before a decision is arrived at. In fact, they
-are consulted on every matter, and the henpecked husband is of no
-extraordinary rarity in the Nicobars."[95] Mr. Crawfurd thinks that in
-the Malay Archipelago "the lot of women may, on the whole, be
-considered as more fortunate than in any other country of the East";
-they associate with the men "in all respects on terms of such equality
-as surprise us in such a condition of society."[96] In Bali they are
-on a perfect equality with the men.[97] The Dyak shows great respect
-for his wife, and always asks her opinion;[98] he regards her "not as
-a slave, but as a companion."[99] Among the Bataks the married women
-often have a great influence over their families.[100] In Serang they
-have in all matters equal rights with the men, and are, consequently,
-treated well.[101] The women of Sulu "have the reputation of ruling
-their {643} lords, and possess much weight in the government by the
-influence they exert over their husbands."[102]
-
-[Footnote 95: Kloss, _In the Andamans and Nicobars_, p. 242.]
-
-[Footnote 96: Crawfurd, _History of the Indian Archipelago_, i. 73.]
-
-[Footnote 97: Raffles, _History of Java_, ii. p. ccxxxi.]
-
-[Footnote 98: Bock, _Head-Hunters of Borneo_, p. 210 _sq._]
-
-[Footnote 99: Selenka, _Sonnige Welten_, p. 33. _Cf._ Wilkes, _op.
-cit._ v. 363.]
-
-[Footnote 100: Steinmetz, _Ethnol. Studien zur ersten Entwicklung der
-Strafe_, ii. 299.]
-
-[Footnote 101: Riedel, _De sluik- en kroesharige rassen tusschen
-Selebes en Papua_, p. 97.]
-
-[Footnote 102: Wilkes, _op. cit._ v. 343.]
-
-In Melanesia the women generally have to work hard, supplying the
-place of slaves;[103] but at least in various islands their condition
-is otherwise fairly good. In the Western islands of Torres Straits
-"the women appear to have had a good deal to say on most questions and
-were by no means downtrodden or ill-used."[104] In some parts of New
-Guinea their position is described as one of high esteem.[105] "They
-have a large voice in domestic affairs, and occasionally lord it over
-their masters"; and their influence is felt not only in domestic
-matters, but also in affairs of state.[106] In Erromanga, of the New
-Hebrides, although the women did all of the hard plantation work, they
-were on the whole well treated by their husbands.[107] The same is
-said to be the case in the Solomon Islands;[108] in the eastern part
-of New Georgia they do not even seem to do much work.[109] In
-Micronesia the position of woman is decidedly good. In the Marianne
-Group "the wife is absolute mistress in her house, the husband not
-daring to dispose of anything without her consent"; nay, the men are
-said to be actually governed by their wives, "the women assuming those
-prerogatives which in most other countries are invested in the other
-sex."[110] In the Pelew Islands the women are in every respect the
-equals of the men; the oldest man, or Obokul, of a family can do
-nothing without taking advice with its oldest female members.[111] In
-the Caroline Group the weaker sex "enjoys a perfect equality in public
-estimation with the other."[112] Among the Mortlock Islanders the wife
-is quite independent of her husband.[113] In the Kingsmill Islands
-very great consideration is awarded to the women: "they seem to have
-exclusive control over the house," whilst all the hard labour is
-performed by the {644} men.[114] Among the Line Islanders "no
-difference is made in the sexes; a woman can vote and speak as well as
-a man, and in general the women decide the question, unless it is one
-of war against another island."[115] In many Polynesian islands, also,
-their position is by no means bad.[116] In Tonga "women have
-considerable respect shown to them on account of their sex,
-independent of the rank they might otherwise hold as nobles"; they are
-not subjected to hard labour or any very menial work,[117] and their
-_status_ in society is not inferior to that of men.[118] In Samoa they
-"are held in much consideration, . . . treated with great attention,
-and not suffered to do anything but what rightfully belongs to
-them."[119] In the valley of Typee, in the Marquesas Group, the women
-are allowed every possible indulgence, the religious restrictions of
-the taboo alone excepted; they are exempt from toil, and "nowhere are
-they more sensible of their power."[120] Rochon wrote of the
-Malagasy:--"Man here never commands as a despot; nor does the woman
-ever obey as a slave. The balance of power inclines even in favour of
-the women."[121] At the present day, in Madagascar, the woman "is not
-scorned as essentially inferior to man," but enters into her husband's
-cares and joys, and shares his life, much in the same way as a wife
-does amongst ourselves.[122]
-
-[Footnote 103: Nieboer, _op. cit._ p. 392 _sqq._ Waitz-Gerland, _op.
-cit._ vi. 626.]
-
-[Footnote 104: Haddon, in _Reports of the Cambridge Anthropological
-Expedition to Torres Straits_, v. 229.]
-
-[Footnote 105: Ratzel, _op. cit._ i. 274.]
-
-[Footnote 106: Pitcairn, _Two Years among the Savages of New Guinea_,
-p. 6l. _Cf._ Bink, in _Bulletin Soc. d'Anthrop. de Paris_, xi. 392;
-Hagen, _Unter den Papua's_, pp. 226, 243.]
-
-[Footnote 107: Robertson, _Erromanga_, p. 397.]
-
-[Footnote 108: Parkinson, _Zur Ethnographie der nordwestlichen Salomo
-Inseln_, p. 4.]
-
-[Footnote 109: Somerville, 'Ethnogr. Notes in New Georgia,' in _Jour.
-Anthr. Inst._ xxvi. 405 _sq._]
-
-[Footnote 110: Moore, _Marriage Customs_, p. 187. Waitz, _op. cit._ v.
-pt. i. p. 107 _sq._]
-
-[Footnote 111: Kubary, _Die socialen Einrichtungen der Pelauer_, p. 38
-_sq._ _Cf._ _Idem_, 'Die Palau-Inseln,' in _Journal des Museum
-Godeffroy_, iv. 43; Keate, _Account of the Pelew Islands_, p. 331.]
-
-[Footnote 112: Hale, _op. cit._ p. 73.]
-
-[Footnote 113: Kubary, 'Die Bewohner der Mortlock Inseln,' in
-_Mittheilungen der Geograph. Gesellsch. in Hamburg_, 1878-9, p. 261.]
-
-[Footnote 114: Wilkes, _op. cit._ v. 91.]
-
-[Footnote 115: Tutuila, in _Jour. Polynesian Soc._ i. 269.]
-
-[Footnote 116: See Waitz-Gerland, _op. cit._ vi. 120 _sqq._]
-
-[Footnote 117: Mariner, _Natives of the Tonga Islands_, ii. 97.]
-
-[Footnote 118: Erskine, _Cruise among the Islands of the Western
-Pacific_, p. 158.]
-
-[Footnote 119: Wilkes, _op. cit._ ii. 148. _Cf._ Waitz-Gerland, _op.
-cit._ vi. 121.]
-
-[Footnote 120: Melville, _Typee_, p. 299.]
-
-[Footnote 121: Rochon, 'Voyage to Madagascar,' in Pinkerton,
-_Collection of Voyages and Travels_, xvi 747. _Cf._ Waitz, _op. cit._
-ii. 438.]
-
-[Footnote 122: Little, _Madagascar_, p. 63.]
-
-Turning, finally, to the African continent, we find that among the
-Negro races the woman, though often heavily burdened and more or less
-subservient to her husband, is by no means without influence.[123]
-"When we become more closely acquainted with family conditions," Herr
-Büttner observes, "we notice that there, as elsewhere, husbands are
-under petticoat government, and those most of all who like to pose
-before the outer world as masters of their house. The women, including
-the aunts, have on all occasions, important and unimportant alike, a
-weighty {645} word to contribute."[124] The Monbuttu women, according
-to Dr. Schweinfurth, exhibit towards their husbands the highest degree
-of independence; "the position in the household occupied by the men
-was illustrated by the reply which would be made if they were
-solicited to sell anything as a curiosity, 'Oh, ask my wife: it is
-hers.'"[125] Among the Momvus "the women are on a footing of equality
-with the men, and go hunting with them, and accompany them to the
-wars, taking their part in the combat."[126] Among the Madi or Moru
-tribe of Central Africa "women are treated with respect and politeness
-by the men, who always show them preference, resigning to their use
-the best places, and paying them such like courtesies." The women
-associate with the men on equal terms, being consulted and honoured;
-and any insult to a woman is revenged, nay is frequently the cause of
-war.[127] In a Hottentot's house the woman is the supreme ruler, and
-the husband has nothing at all to say. "While in public the men take
-the prominent part, at home they have not so much power even as to
-take a mouthful of sour milk out of the tub, without the wife's
-permission. If a man ever should try to do it, his nearest female
-relations will put a fine on him, consisting in cows and sheep, which
-is to be added to the stock of the wife."[128] Among the peoples of
-Berber race the women exercise considerable influence over the men.
-Among the Guanches of the Canary Islands they were much
-respected.[129] Among the Touareg "la femme est l'égale de l'homme, si
-même, par certains côtés, elle n'est dans une condition
-meilleure."[130] Among the Beni Amer a husband undertakes nothing
-before consulting his wife, on whose goodwill he largely depends.[131]
-Of the Aulâd Solîmân, an Arab tribe in the Sahara, Dr. Nachtigal
-observes that it was curious to see how powerless those much feared
-robbers and cut-throats were in their own houses.[132] Both in the
-Sahara[133] and in the East[134] the Bedouin women {646} enjoy a
-considerable degree of freedom, and sometimes actually rule over their
-husbands.
-
-[Footnote 123: Waitz, _op. cit._ ii. 117. Ratzel, _op. cit._ ii. 332.
-Buchner, _Kamerun_, p. 32 _sq._ Möller, Pagels, and Gleerup, _op.
-cit._ i. 171 (Lukungu). Steinmetz, _Rechtsverhältnisse_, p. 29 (Banaka
-and Bapuku). Lang, _ibid._ p. 225 (Washambala). Burrows, _Land of the
-Pigmies_, p. 62 (Niam-Niam). Chanler, _Through Jungle and Desert_, p.
-485 (Wakamba).]
-
-[Footnote 124: Büttner, quoted by Ratzel, _op. cit._ ii. 334.]
-
-[Footnote 125: Schweinfurth, _Heart of Africa_, ii. 91.]
-
-[Footnote 126: Burrows, _op. cit._ p. 128.]
-
-[Footnote 127: Felkin, 'Notes on the Madi or Moru Tribe,' in _Proceed.
-Roy. Soc. Edinburgh_, xii. 329.]
-
-[Footnote 128: Hahn, _The Supreme Being of the Khoi-Khoi_, p. 19.]
-
-[Footnote 129: Bory de St. Vincent, _Essais sur les Isles Fortunées_,
-p. 105. Mantegazza, _Rio de la Plata e Tenerife_ p. 630.]
-
-[Footnote 130: Dyveyrier, _Exploration du Sahara_, p. 339. _Cf._
-Chavanne, _Die Sahara_, p. 181; Hourst, _Sur le Niger et au pays des
-Touaregs_, p. 209.]
-
-[Footnote 131: Munzinger, _Ostafrikanische Studien_, p. 325.]
-
-[Footnote 132: Nachtigal, _Sahara und Sudan_, ii. 93.]
-
-[Footnote 133: Chavanne, _op. cit._ p. 397.]
-
-[Footnote 134: Wallin, _Reseanteckningar från Orienten_, iii. 151,
-152, 269. Blunt, _Bedouin Tribes of the Euphrates_, ii. 214, 226, 228.]
-
-All these statements certainly do not imply that the husband has no
-recognised power over his wife, but they prove that his power is by no
-means unlimited. It is true that many of our authorities speak rather
-of liberties that the woman takes herself than of privileges granted
-her by custom; but, as we have seen before, customary rights are
-always more or less influenced by habitual practice. It should be
-added that among many savage peoples the husband has a right to
-divorce his wife only under certain conditions;[135] and among a very
-considerable number custom or law permits the wife to separate either
-for some special cause or, simply, at will.[136] In certain parts of
-Eastern Central Africa divorce may be effected if the husband neglects
-to sew his wife's clothes, or if the partners do not please each
-other.[137] Among the Shans of Burma the woman has a right to turn
-adrift a husband who takes to drinking or otherwise misconducts
-himself, and to retain all the goods and money of the partnership.[138]
-Among the Irulas of the Neilgherries the option of remaining in union,
-or of separating, rests principally with the woman.[139] Among the
-Savaras, an aboriginal hill people of the Madras Presidency, "a woman
-may leave her husband _whenever she pleases_."[140] This is surely
-something very different from that absolute dominion which hasty
-generalisers have attributed to savage husbands in general.
-
-[Footnote 135: Westermarck. _op. cit._ p. 523 _sq._]
-
-[Footnote 136: _Ibid._ p. 526 _sqq._]
-
-[Footnote 137: Macdonald, _Africana_, i. 140.]
-
-[Footnote 138: Colquhoun, _Amongst the Shans_, p. 295.]
-
-[Footnote 139: Harkness, _Description of a Singular Aboriginal Race
-inhabiting the Neilgherry Hills_, p. 92.]
-
-[Footnote 140: Fawcett, in _Jour. Anthrop. Soc. Bombay_, i. 28.]
-
-It is often said that a people's civilisation may be measured by the
-position held by its women. But at least so far as the earlier stages
-of culture are concerned, this opinion is not supported by facts.
-Among several of the lowest races, including peoples like the Veddahs,
-Andaman Islanders, and Bushmans, the female sex is {647} treated with
-far greater consideration than among many of the higher savages and
-barbarians. Travellers have not seldom noticed that of two
-neighbouring tribes the less cultured one sets in this respect an
-example to the other. "Among the Bushmans," says Dr. Fritsch, "the
-female sex makes life-companions, among the A-bantu beasts of
-burden."[141] Lewis and Clarke affirm that the _status_ of woman in a
-savage tribe has no necessary relation even to its moral qualities in
-general. "The Indians," they say, "whose treatment of the females is
-mildest, and who pay most deference to their opinions, are by no means
-the most distinguished for their virtues. . . . On the other hand, the
-tribes among whom the women are very much debased, possess the
-loftiest sense of honour, the greatest liberality, and all the good
-qualities of which their situation demands the exercise."[142] That
-the condition of woman, or her relative independence, is no safe gauge
-of the general culture of a nation, also appears from a comparison
-between many of the lower races and the peoples of archaic civilisation.
-
-[Footnote 141: Fritsch, _Die Eingeborenen Süd-Afrika's_, p. 444.]
-
-[Footnote 142: Lewis and Clarke, _op. cit._ p. 441.]
-
-In China the condition of woman has always been inferior to that of
-man, and no generous sentiment tending to the amelioration of her
-social position has ever come from the Chinese sages.[143] Her
-children must pay her respect, but she in her turn owes to her husband
-the subjection of a child;[144] a wife is an infinitely less important
-personage than a mother in the Chinese social scale.[145] The husband
-has certainly not absolute power over his wife: he may not kill her,
-nor sell her without her consent,[146] nor even divorce her, except
-for certain causes specified by law.[147] But these causes are very
-elastic; {648} it is said that "when a woman has any quality that is
-not good, it is but just and reasonable to turn her out of
-doors."[148] And in a book containing the cream of all the moral
-writings of the Chinese, and intended chiefly for children, we
-read:--"Brothers are like hands and feet. A wife is like one's
-clothes. When clothes are worn out, we can substitute those that are
-new. When hands and feet are cut off, it is difficult to obtain
-substitutes for them."[149] A woman, on the other hand, cannot obtain
-legal separation on any account.[150] Confucius says that "man is the
-representative of Heaven, and is supreme over all things. Woman yields
-obedience to the instructions of man, and helps to carry out his
-principles. On this account she can determine nothing of herself, and
-is subject to the rule of the three obediences. When young, she must
-obey her father and elder brother; when married, she must obey her
-husband; when her husband is dead, she must obey her son."[151] In
-Japan, also, a woman was formerly, in the eye of the law, a chattel
-rather than a person. "Having all her life under her father's roof
-reverenced her superiors, she is expected to bring reverence to her
-new domicile, but not love. She must always obey but never be jealous.
-She must not be angry, no matter whom her husband may introduce into
-his household. She must wait upon him at his meals and must walk
-behind him, but not with him. When she dies her children go to her
-funeral, but not her husband."[152] In Japan a man might repudiate his
-wife for the same reasons as in China,[153] and till the year 1873 a
-wife could not obtain separation according to law.[154] However,
-though the Japanese wife is "the first servant of the household,"
-training and public opinion require that she should be treated with
-respect, if the marriage be blessed {649} with children.[155] She is
-addressed as "the honourable lady of the house," and her position is
-said to be higher than in any other Oriental country.[156]
-
-[Footnote 143: Legge, _Religions of China_, pp. 107, 108, 111.]
-
-[Footnote 144: de Groot, _Religious System of China_, (vol. ii. Book)
-i. 550.]
-
-[Footnote 145: Giles, _Strange Stories from a Chinese Studio_,
-i. 315, n. 3.]
-
-[Footnote 146: Doolittle, _Social Life of the Chinese_, ii. 209.]
-
-[Footnote 147: Medhurst, 'Marriage, Affinity, and Inheritance in
-China,' in _Trans. Roy. As. Soc. China Branch_, iv. 25 _sq._ Gray,
-_China_, i. 219. Müller, _Reise der Fregatte Novara_, Ethnographie,
-p. 164.]
-
-[Footnote 148: Navarette, 'Account of the Empire of China,' in Awnsham
-and Churchill, _Collection of Voyages and Travels_, i. 73.]
-
-[Footnote 149: _Indo-Chinese Gleaner_, i. 164.]
-
-[Footnote 150: Gray, _op. cit._ i. 219.]
-
-[Footnote 151: Legge, _Chinese Classics_, i. 103 _sq._]
-
-[Footnote 152: Griffis, _Religions of Japan_, p. 124 _sq._]
-
-[Footnote 153: Westermarck, _op. cit._ p. 525.]
-
-[Footnote 154: Rein, _Japan_, p. 424 _sq._]
-
-[Footnote 155: _Ibid._ p. 425.]
-
-[Footnote 156: Norman, _The Real Japan_, p. 184. Griffis, _Religions
-of Japan_, p. 318.]
-
-From various quarters of the ancient world we hear of the rule that
-the husband shall command and the wife obey. The Lord said to the
-woman, "Thy desire shall be to thy husband, and he shall rule over
-thee."[157] How great the husband's power was among the Hebrews we do
-not know exactly. He could divorce his wife if she did not please him
-because he had "found some uncleanness in her,"[158] whereas a wife
-could not legally separate from her husband.[159] In later times her
-condition evidently improved.[160] From the old Jewish point of view
-it is surely surprising to find Sirach putting the companionship of a
-wife not only above that of a friend, but even above children.[161] In
-the Talmud a husband is admonished to love his wife like himself and
-to honour her more than himself,[162] though he should take care not
-to be ruled by her;[163] and the wife also is authorised to demand a
-divorce under certain circumstances, namely, if the husband refuses to
-perform his conjugal duty, if he continues to lead a disorderly life
-after marriage, if he proves impotent during ten years, if he suffers
-from an insupportable disease, or if he leaves the country for ever.[164]
-
-[Footnote 157: **_Genesis_, iii. 16.]
-
-[Footnote 158: _Deuteronomy_, xxiv. 1.]
-
-[Footnote 159: Josephus, _Antiquitates Romanæ_, xv. 7, 10. Keil,
-_Manual of Biblical Archæology_, ii. 175.]
-
-[Footnote 160: _Cf._ Klugmann, _Die Frau im Talmud_, p. 63 _sq._]
-
-[Footnote 161: _Ecclesiasticus_, xl. 19, 23. _Cf._ Montefiore,
-_Hibbert Lectures on the Religion of the Ancient Hebrews_, p. 491.]
-
-[Footnote 162: Deutsch, _Literary Remains_, p. 56.]
-
-[Footnote 163: _Beza_, fol. 32 B, quoted by Katz, _Der wahre
-Talmudjude_, p. 114.]
-
-[Footnote 164: Glasson, _Le mariage civil et le divorce_, p. 149 _sq._]
-
-In the Zoroastrian Yasts a holy woman is defined as one who is "rich
-in good thoughts, good words, and good deeds, well-principled, and
-obedient to her husband," whereas the fiendish woman is
-"ill-principled and disobedient to her husband."[165] According to
-Brahmanic law, a woman must in childhood be subject to her father, in
-youth {650} to her husband, when her lord is dead to her sons; "a
-woman must never be independent."[166] Not even in her own house is
-she allowed to do anything independently.[167] Him to whom her father
-may give her, or her brother with the father's permission, she shall
-obey as long as he lives.[168] She must never do anything that might
-displease him;[169] even though he be destitute of virtue, or
-unfaithful to her, "a husband must be constantly worshipped as a god
-by a faithful wife."[170] A wife who shows disrespect to a husband who
-is addicted to some evil passion, is a drunkard, or diseased, shall be
-deserted for three months, and be deprived of her ornaments and
-furniture.[171] If a wife obeys her husband, she will for that reason
-alone be exalted in heaven;[172] but by violating her duty towards
-him, she is disgraced in this world, and after death she enters the
-womb of a jackal, and is punished with disease for her sin.[173] There
-is no indication that a woman can obtain legal separation on any
-account, though she may with impunity "show aversion" towards a mad or
-outcast husband, a eunuch, one destitute of manly strength, or one
-afflicted with such diseases as punish crimes.[174] Again, if she is
-sold or repudiated by her husband, she can never become the legitimate
-wife of another who may have bought or received her after she was
-repudiated.[175] But the husband is not allowed to divorce her
-indiscriminately. A wife who drinks spirituous liquor, is of bad
-conduct, rebellious, quarrelsome, diseased, mischievous, or wasteful,
-may at any time be superseded by another wife; a barren one may be
-superseded in the eighth year; one whose children all die, in the
-tenth; one who bears daughters only, in the eleventh; whereas a sick
-wife who is kind to her husband and virtuous in her conduct, may be
-superseded only with her own consent, and must never be {651}
-disgraced.[176] The rule, "Let mutual fidelity continue until death,"
-may be considered the summary of the highest law for husband and
-wife;[177] women must be honoured and adorned by husbands who desire
-their own welfare.[178] Various passages in the Mahabharata and
-Ramayana indicate that women in India were subjected to less social
-restraints in former days than they are at present according to the
-rules of Brahmanism, and even enjoyed considerable liberty;[179] and
-the Vedic singers know no more tender relation than that between the
-husband and his willing, loving wife, who is praised as "his home, the
-darling abode and bliss in his house."[180] Yet it is noteworthy that
-goddesses play a very insignificant part in the Veda.[181] In this
-respect the Pantheon of the Vedic people essentially differs from that
-of the ancient Egyptians,[182] a difference which may be due to the
-remarkably high position which woman seems to have occupied in Egypt.[183]
-
-[Footnote 165: _Yasts_, xxii. 18, 36. _Cf._ _Dînâ-î Maînôg-î Khirad_,
-xxxix. 38 _sq._]
-
-[Footnote 166: _Laws of Manu_, v. 148. _Cf._ _ibid._ ix. 2 _sq._]
-
-[Footnote 167: _Ibid._ v. 147.]
-
-[Footnote 168: _Ibid._ v. 151.]
-
-[Footnote 169: _Ibid._ v. 156.]
-
-[Footnote 170: _Ibid._ v. 154.]
-
-[Footnote 171: _Ibid._ ix. 78.]
-
-[Footnote 172: _Ibid._ v. 155. _Cf._ _ibid._ ix. 29.]
-
-[Footnote 173: _Ibid._ v. 164; ix. 30.]
-
-[Footnote 174: _Ibid._ ix. 79.]
-
-[Footnote 175: _Ibid._ ix. 46. See also the note in Bühler's
-translation, _Sacred Books of the East_, xxv. 335.]
-
-[Footnote 176: _Laws of Manu_, ix. 80 _sqq._]
-
-[Footnote 177: _Ibid._ ix. 101.]
-
-[Footnote 178: _Ibid._ iii. 55 _sqq._]
-
-[Footnote 179: Zimmer, _Altindisches Leben_, p. 316 _sqq._ Monier
-Williams, _Indian Wisdom_, p. 437 _sq._]
-
-[Footnote 180: Kaegi, _Rigveda_, p. 15.]
-
-[Footnote 181: Macdonell, _Vedic Mythology_, p. 124 _sq._]
-
-[Footnote 182: Maspero, _Dawn of Civilisation_, p. 101 _sq._]
-
-[Footnote 183: _Ibid._ p. 52. Maspero, _Life in Ancient Egypt and
-Assyria_, p. 11. Amélineau _L'évolution des idées morales dans
-l'Égypte Ancienne_, p. 68 _sqq._ Flinders Petrie, _Religion and
-Conscience in Ancient Egypt_, p. 131 _sq._ Brugsch, _Aegyptologie_,
-p. 61 _sq._]
-
-In Greece, also, a wife appears to have been a more influential and
-independent personage in ancient times, in Homeric society, than she
-became afterwards.[184] In the historic age her position was simply
-that of the domestic drudge; her virtues were reduced to the
-maintenance of good order in her household and obedience to her
-husband; her greatest ornament was silence.[185] Aristotle, always a
-faithful exponent of the most enlightened opinion of his age, gives
-the following description of what he considers to be the ideal
-relation of a woman to her husband:--"A good and perfect wife ought to
-be mistress {652} of everything within the house. . . . But the
-well-ordered wife will justly consider the behaviour of her husband as
-a model of her own life, and a law to herself, invested with a divine
-sanction by means of the marriage tie and the community of life. . . .
-The wife ought to show herself even more obedient to the rein than if
-she had entered the house as a purchased slave. For she has been
-bought at a high price, for the sake of sharing life and bearing
-children, than which no higher or holier tie can possibly exist."[186]
-So also, according to Plutarch, the husband ought to rule his wife,
-but by sympathy and goodwill, as the soul governs the body, not as a
-master does a chattel.[187] The law invalidated whatever a husband did
-by the counsel, or at the request, of his wife, whereas the wife, on
-her part, could transact no business of importance in her own favour,
-nor by will dispose of more than the value of a bushel of barley.[188]
-Yet whatever may have been the exact compass of the husband's power in
-Greece, it was not unlimited. At Athens a woman could demand divorce
-if she was ill-treated by her husband, in which case she merely had to
-announce her wishes before the archon.[189]
-
-[Footnote 184: Hermann-Blümner, _Lehrbuch der griechischen
-Privatalterthümer_, p. 64 _sqq._ Mahaffy, _Social Life in Greece_, p. 53.]
-
-[Footnote 185: Dickinson, _Greek View of Life_, p. 161. Döllinger,
-_The Gentile and the Jew_, ii. 234. 'State of Female Society in
-Greece,' in _Quarterly Review_, xxii. 172 _sqq._]
-
-[Footnote 186: Aristotle, _[OE]conomica_, i. 7. _Cf._ _Idem_, _De
-animalibus historia_, ix. 1. 2 _sqq._]
-
-[Footnote 187: Plutarch, _Conjugalia præcepta_, 33.]
-
-[Footnote 188: Isaeus, _Oratio de Aristarchi hereditate_, 10, p. 259.
-Döllinger, _op. cit._ ii. 234.]
-
-[Footnote 189: Glasson, _Le mariage civil et le divorce_, p. 152 _sq._
-Meier and Schömann, _Der attische Process_, p. 512.]
-
-In Rome, in ancient times, the power which the father possessed over
-his daughter was generally, if not always,[190] by marriage
-transferred to the husband.[191] When marrying a woman passed in
-_manum viri_, as a wife she was _filiæ loco_, that is, in law she was
-her husband's daughter.[192] And since the Roman house-father
-originally had the _jus vitæ necisque_ over his children, the husband
-naturally had the same power over his wife. But from her being
-destitute of all legal rights we must not conclude that she was {653}
-treated with indignity. On the contrary, she generally had a respected
-and influential position in the family;[193] and though the husband
-could repudiate her at will, it was said that for five hundred and
-twenty years _a condita urbe_ there was no such thing as a divorce in
-Rome.[194] As Mr. Bryce points out, we cannot doubt that the wide
-power which the law gave to the husband "was in point of fact
-restrained within narrow limits, not only by affection, but also by
-the vigilant public opinion of a comparatively small community."[195]
-Gradually, however, marriage with _manus_ fell into disuse, and was,
-under the Empire, generally superseded by marriage without _manus_, a
-form of wedlock which conferred on the husband hardly any authority at
-all over his wife. Instead of passing into his power, she remained in
-the power of her father; and since the tendency of the later law, as
-we have seen, was to reduce the old _patria potestas_ to a nullity,
-she became practically independent.[196]
-
-[Footnote 190: Rossbach, _Römische Ehe_, p. 64. Maine, _Ancient Law_,
-p. 155.]
-
-[Footnote 191: Or, properly speaking, to the husband's father, if he
-was still alive (Rossbach, _op. cit._ p. 11).]
-
-[Footnote 192: Leist, _Alt-arische Juris Civile_, i. 175. Maine, _op.
-cit._ p. 155.]
-
-[Footnote 193: Rossbach, _op. cit._ pp. 36, 117.]
-
-[Footnote 194: Valerius Maximus, ii. 1 (_De matrimoniorum ritu_),
-Aulus Gellius, _Noctes Atticæ_, iv. 3. 1.]
-
-[Footnote 195: Bryce, _Studies in History and Jurisprudence_, ii. 389.]
-
-[Footnote 196: Rossbach, _op. cit._ pp. 30, 42. Maine, _op. cit._ p.
-155 _sq._ Friedlaender, _Darstellungen aus der Sittengeschichte Roms_,
-i. 252 _sqq._]
-
-This remarkable liberty granted to married women, however, was only a
-passing incident in the history of the family in Europe. From the very
-first Christianity tended to narrow it. Already the latest Roman law,
-so far as it is touched by the Constitutions of the Christian
-Emperors, bears some marks of a reaction against the liberal doctrines
-of the great Antonine jurisconsults, who assumed the equality of the
-sexes as a principle of their code of equity.[197] And this tendency
-was in a formidable degree supported by Teutonic custom and law. Among
-the Teutons a husband's authority over his wife was the same as a
-father's over his unmarried daughter.[198] This power, which under
-certain circumstances gave the husband a right to kill, sell, or
-repudiate his wife,[199] undoubtedly {654} contained much more than
-the Church could approve of, and so far she has helped to ameliorate
-the condition of married women in Teutonic countries. But at the same
-time the Church is largely responsible for those heavy disabilities
-with regard to personal liberty, as well as with regard to property,
-from which they have suffered up to recent times. The systems, says
-Sir Henry Maine, "which are least indulgent to married women are
-invariably those which have followed the Canon Law exclusively, or
-those which, from the lateness of their contact with European
-civilisation, have never had their archaisms weeded out."[200]
-
-[Footnote 197: Maine, _op. cit._ pp. 156, 154.]
-
-[Footnote 198: Brunner, _Deutsche Rechtsgeschichte_, i. 75. Stemann,
-_Den danske Retshistorie indtil Christian V.'s Lov_, p. 323.]
-
-[Footnote 199: Grimm, _Deutsche Rechtsalterthümer_, p. 450 _sq._
-Brunner, _op. cit._ i. 75. Schröder, _Lehrbuch der deutschen
-Rechtsgeschichte_, p. 303.]
-
-[Footnote 200: Maine, _op. cit._ p. 159.]
-
-Christianity enjoins a husband to love his wife as his own body,[201]
-to do honour unto her as unto the weaker vessel.[202] However, "man is
-not of the woman; but the woman of the man. Neither was the man
-created for the woman; but the woman for the man. For this cause ought
-the woman to have power on her head."[203] The husband is the head of
-the wife, as Christ is the head of the church; hence, "as the church
-is subject unto Christ, so let the wives be to their own husbands in
-every thing."[204] It is difficult to exaggerate the influence
-exercised by a doctrine, so agreeable to the selfishness of men, and
-so readily lending itself to be used as a sacred weapon against almost
-any attempt to extend the rights of married women, as was this dictum
-of St. Paul's. In an essay on the position of women among the early
-Christians Principal Donaldson writes, "In the first three centuries I
-have not been able to see that Christianity had any favourable effect
-on the position of women, but, on the contrary, that it tended to
-lower their character and contract the range of their activity."[205]
-And in more modern times Christian orthodoxy has constantly been
-opposed to the doctrine which once sprang up in pagan {655} Rome and
-is nowadays supported by a steadily growing number of enlightened men
-and women, that marriage should be a contract on the footing of
-perfect equality between husband and wife.
-
-[Footnote 201: _Ephesians_, v. 28.]
-
-[Footnote 202: _1 Peter_, iii. 7.]
-
-[Footnote 203: _1 Corinthians_, xi. 8 _sqq._ _Cf._ _Timothy_,
-ii. 11 _sqq._]
-
-[Footnote 204: _Ephesians_, v. 23 _sq._]
-
-[Footnote 205: Donaldson, 'Position of Women among the Early
-Christians,' in _Contemporary Review_, lvi. 433.]
-
-       *       *       *       *       *
-
-The position of married women among the various peoples on earth
-depends on such a variety of circumstances that it would be impossible
-to enumerate them all. We shall here consider only the most
-important.
-
-A few words must first be said about the hypothesis that the social
-_status_ of women is connected with the system of tracing descent. Dr.
-Steinmetz has tried to show that the husband's authority over his wife
-is, broadly speaking, greater among those peoples who reckon kinship
-through the father than among those who reckon kinship through the
-mother only.[206] The cases examined by Dr. Steinmetz, however, are
-too few to allow of any general conclusions, and the statements
-concerning the husband's rights are commonly so indefinite and so
-incomplete that I think the evidence would be difficult to produce,
-even if the investigation were based on a larger number of facts.
-Besides, the paternal and maternal systems of descent are often so
-interwoven with each other among one and the same people, that it may
-equally well be referred to the one class as to the other[207]--a
-difficulty which Dr. Steinmetz must surely have felt in his attempt to
-treat the subject statistically. There is, moreover, the weak point of
-the statistical method generally, the question of selecting
-ethnographical units, which I have discussed in another place.[208]
-How, for instance, are we to deal with the various tribes of
-Australia? They can certainly not, all in a lump, be counted as one
-single unit; among some of them the maternal system prevails, among
-others the paternal. But then, shall we reckon each tribe as one {656}
-unit by itself, or, if not, into how many groups shall we divide them?
-When I compare with each other peoples of the same race, at the same
-stage of culture, living in the same neighbourhood, under similar
-conditions of life, but differing from one another in their method of
-reckoning kinship, I do not find that the prevalence of the one or the
-other line of descent conspicuously affects the husband's authority.
-Nothing of the kind has been noticed in Australia, nor, so far as I
-know, in India, where the paternal system among many of the aboriginal
-tribes is combined with great, or even extraordinary, rights on the
-part of the wife. Among the West African Negroes the position of women
-is, to all appearance, no less honourable in tribes like the Ibos,
-among whom inheritance runs through males, than in tribes which admit
-inheritance through females only;[209] and of the Fulah, among whom
-succession goes from father to son,[210] Mr. Winwood Reade observes
-that their women are "the most tyrannical wives in Africa," knowing
-"how to make their husbands kneel before their charms, and how to
-place their little feet upon them."[211] But we have reason to believe
-that when the man, on marrying, quits his home and goes to live with
-his wife in the house or community of her father, his authority over
-his wife is commonly more or less impaired by the presence of her
-father or kinsfolk.[212] In Sumatra, in the mode of marriage called
-_ambel anak_, he lives with his father-in-law in a state between that
-of a son and that of a debtor.[213] But it should be noticed that
-neither his living with the family of his wife, nor even his
-dependence on her father, necessarily implies a total absence of
-marital power. Among the Californian Yokuts, though the husband takes
-up his abode in his {657} wife's or father-in-law's house, he is
-expressly stated to have the power of life and death over her.[214]
-So, also, in the Western islands of Torres Straits, though a man after
-marriage usually left his own people and went to live with those of
-his wife, he had complete control over her. "In spite of the wife
-having asked her husband to marry her, he could kill her should she
-cause trouble in the house, and that without any penal consequence to
-himself. The payment of a husband to his wife's father gave him all
-rights over her, and at the same time annulled those of her father or
-her family."[215]
-
-[Footnote 206: Steinmetz, _Ethnologische Studien zur ersten
-Entwicklung der Strafe_, ii. ch. 7.]
-
-[Footnote 207: _Cf._ Westermarck, _op. cit._ p. 99 _sqq._]
-
-[Footnote 208: _Idem_, 'Méthode pour la recherche des institutions
-préhistoriques à propos d'un ouvrage du professeur Kohler,' in _Revue
-Internationale de Sociologie_, v. 451.]
-
-[Footnote 209: Ratzel, _op. cit._ iii. 124.]
-
-[Footnote 210: Waitz, _op. cit._ ii, 469.]
-
-[Footnote 211: Reade, _Savage Africa_, p. 452.]
-
-[Footnote 212: See Mazzarella, _La condizione giuridica del marito
-nella famiglia matriarcale_, _passim_; Grosse, _Die Formen der
-Familie_, p. 76; Wilkes, _U.S. Exploring Expedition_, iv. 447 (Spokane
-Indians). It seems, however, that Dr. Mazzarella in several cases
-infers the husband's complete subjection to his father-in-law from
-statements in which such a subjection is not really implied.]
-
-[Footnote 213: Marsden, _History of Sumatra_, p. 262.]
-
-[Footnote 214: Powers, _Tribes of California_, p. 382.]
-
-[Footnote 215: Haddon, _Head-Hunters_, p. 160 _sq._]
-
-In the first place, wives' subjection to their husbands is due to the
-men's instinctive desire to exert power and to the natural inferiority
-of women in such qualities of body and mind as are essential for
-personal independence. Generally speaking, the men are their superiors
-in strength and courage. They are therefore not only the protectors of
-their wives, but also their masters.
-
-In the sexual impulse itself there are elements which lead to
-domination on the part of the man and to submission on the part of the
-woman. In courtship, animal and human alike, the male plays the more
-active, the female the more passive part. During the season of love
-the males even of the most timid animal species engage in desperate
-combats with each other for the possession of the female, and there
-can be no doubt that our primeval human ancestors had, in the same
-way, to fight for their wives; even now this kind of courtship is far
-from being unknown among savages.[216] Moreover, the male pursues and
-tries to capture the female, and she, after some resistance, finally
-surrenders herself to him. The sexual impulse of the male is thus
-connected with a desire to win the female, and the sexual impulse of
-the female with a desire to be pursued and won by the male. In the
-female sex there is consequently an instinctive appreciation of manly
-strength and courage; this is found in most {658} women, and
-especially in the women of savage races, who, like the females of the
-lower Vertebrates, commonly give the preference to "the most vigorous,
-defiant, and mettlesome male."[217] And woman enjoys the display of
-manly force even when it turns against herself. It is said that among
-the Slavs of the lower class the wives feel hurt if they are not
-beaten by their husbands; that the peasant women in some parts of
-Hungary do not think they are loved by their husbands until they have
-received the first box on the ear; that among the Italian Camorrists a
-wife who is not beaten by her husband regards him as a fool.[218] Dr.
-Havelock Ellis believes that the majority of women would probably be
-prepared to echo the remark made by a woman in front of Rubens's 'Rape
-of the Sabines,' "I think the Sabine women enjoyed being carried off
-like that."[219] The same judicious student of the psychology of sex
-observes:--"While in men it is possible to trace a tendency to inflict
-pain, or the simulacrum of pain, on the women they love, it is still
-easier to trace in women a delight in experiencing physical pain when
-inflicted by a lover, and an eagerness to accept subjection to his
-will. Such a tendency is certainly normal. To abandon herself to her
-lover, to be able to rely on his physical strength and mental
-resourcefulness, to be swept out of herself and beyond the control of
-her own will, to drift idly in delicious submission to another and
-stronger will--this is one of the commonest aspirations in a young
-woman's intimate love-dreams."[220]
-
-[Footnote 216: Westermarck, _op. cit._ p. 159 _sqq._]
-
-[Footnote 217: Westermarck, _op. cit._ p. 255 _sq._]
-
-[Footnote 218: Havelock Ellis, _Studies in the Psychology of Sex_,
-'Analysis of the Sexual Impulse,' &c. p. 66 _sq._]
-
-[Footnote 219: _Ibid._ p. 75.]
-
-[Footnote 220: _Ibid._ p. 74.]
-
-But although a certain degree of submissiveness comes within the
-normal limits of female love, though "a woman may desire to be forced,
-to be roughly forced, to be ravished away beyond her own will." she
-all the time only desires to be forced towards those things which are
-essentially agreeable to her.[221] If the man's domination is carried
-beyond those limits, it is no longer enjoyed by the {659} woman, but
-is felt as a burden, and may call forth resistance. In extreme cases
-of oppression, at any rate, the community at large would sympathise
-with her, and the public resentment against the oppressor would
-gradually result in customs or laws limiting the husband's rights. Yet
-perfect impartiality is hardly to be expected from the community. The
-men are the leaders of public opinion, and they have a tendency to
-favour their own sex. On the other hand, the offended woman may count
-upon the support of her fellow-sisters, and thus the women combined
-may influence tribal habits and, ultimately, the rules of custom.
-Among the Papuans of Port Moresby, for instance, "it is a rare
-occurrence for a man to beat his wife, and he does not like to be
-reminded of the fact if hasty temper has led him into this mistake.
-The other women generally make a song about it, and sing it whenever
-he appears; and as no one is so sensitive of ridicule as a New Guinean
-savage, he will endure a great deal, even from a shrew wife, before he
-attempts to lift his hand."[222] Among the West African Fulah, if a
-man repudiates his wife, the women of the village attack him _en
-masse_; "like the members of a priesthood, they hate but protect each
-other."[223] We have, moreover, to consider that the children's
-affection and regard for their mother gives her a power which is no
-less real because it is not definitely expressed in custom or law. In
-Oriental countries, for example, the mother is always an important
-personage in the family. Children are afraid of their father but love
-their mother, and when grown-up would certainly be ready to protect
-her against a cruel husband.[224]
-
-[Footnote 221: _Ibid._ p. 85.]
-
-[Footnote 222: Nisbet, _A Colonial Tramp_, ii. 181 _sq._]
-
-[Footnote 223: Reade, _Savage Africa_, p. 452. See also Möller,
-Pagels, and Gleerup, _op. cit._ i. 171 (Lukungu); Munzinger,
-_Ostafrikanische Studien_, p. 324 (Beni Amer).]
-
-[Footnote 224: _Cf._ Burton, _Sindh Revisited_, i. 293; Urquhart,
-_Spirit of the East_, ii. 265 _sq._; Doughty, _Arabia Deserta_, i.
-239; Westermarck, 'Position of Woman in Early Civilisation,' in
-_Sociological Papers_, [1.] p. 160.]
-
-It has often been said that the position of women and the degree of
-their dependence among a certain people are largely influenced by
-economic conditions. Thus Mr. {660} Hale maintains that the condition
-of women is "a question of physical comfort, and mainly of the
-abundance or lack of food. . . . When men in their full strength
-suffer from lack of the necessaries of existence, and are themselves
-slaves to the rigours of the elements, their better feelings are
-benumbed or perverted, like those of shipwrecked people famishing on a
-raft. Under such circumstances the weaker members of the
-community--women, children, the old, the sick--are naturally the chief
-sufferers."[225] With reference to the North American Indians the
-observation has been made that, where the women can aid in procuring
-subsistence for the tribe, they are treated with more equality, and
-their importance is proportioned to the share which they take in that
-labour; whereas in places where subsistence is chiefly procured by the
-exertions of the men, the women are considered and treated as burdens.
-Thus, the position of women is exceptionally good in tribes living
-upon fish and roots, which the women procure with the same expertness
-as the men, whereas it is among tribes living by the chase, or by
-other means in which women can be of little service, that we find the
-sex most oppressed.[226] Dr. Grosse, again, emphasises the low
-_status_ of women not only among hunters, but among pastoral tribes as
-well. "The women," he says, "not being permitted to take part in the
-rearing of cattle, and not being able to take part in war, possess
-nothing which could command respect with the rude shepherd and
-robber."[227] Among the lower agricultural tribes, on the other hand,
-Dr. Grosse adds, the position of the female sex is often higher. The
-cultivation of the ground mostly devolves on the woman, and among
-peoples who chiefly subsist by agriculture it is not an occupation
-which is looked down upon, as it is among nomadic tribes. This gives
-the woman a {661} certain standing, owing to her importance as a
-food-provider.[228]
-
-[Footnote 225: Hale, 'Language as a Test of Mental Capacity,' in
-_Jour. Anthr. Inst._ xxi. 427.]
-
-[Footnote 226: Lewis and Clarke, _Travels to the Source of the
-Missouri River_, p. 441. Waitz, _op. cit._ iii. 343. Bancroft, _Native
-Races of the Pacific States_, i. 242 _sq._]
-
-[Footnote 227: Grosse, _op. cit._ pp. 48, 49, 74, 75, 109 _sqq._]
-
-[Footnote 228: _Ibid._ p. 182.]
-
-In these generalisations there is no doubt a great deal of truth; but
-they do not hold good universally or without modifications. Among
-several peoples who subsist chiefly by the chase or the rearing of
-cattle, the position of women is exceedingly good. To mention only one
-instance out of many, Professor Vámbéry observes that among the
-nomadic Kara-Kirghiz the female sex is treated with greater respect
-than among those Turks who lead a stationary life and practise
-agriculture.[229] Indeed, the general theory that women are more
-oppressed in proportion as they are less useful, is open to doubt.
-Commonly they are said to be oppressed by their savage husbands just
-by being compelled to work too hard; and that work does not
-necessarily give authority is obvious from the institution of slavery.
-But at the same time the notion, prevalent in early civilisation, that
-the one sex must not in any way interfere with the pursuits of the
-other sex, may certainly, especially when applied to an occupation of
-such importance as agriculture, increase the influence of those who
-are engaged in it. Considering further that the cultivated soil is not
-infrequently regarded as the property of the women who till it,[230]
-it is probable that, in certain cases at least, the agricultural
-habits of a people have had a favourable effect upon the general
-condition of the female sex, and at the same time on the wife's
-position in the family.
-
-[Footnote 229: Vámbéry, _Das Türkenvolk_, p. 268.]
-
-[Footnote 230: Grosse, _op. cit._ p. 159 _sq._]
-
-The _status_ of wives is in various respects connected with the ideas
-held about the female sex in general. Woman is commonly looked upon as
-a slight, dainty, and relatively feeble creature, destitute of all
-nobler qualities.[231] Especially among nations more advanced in
-culture she is regarded as intellectually and morally vastly inferior
-to man. In Greece, in the historic age, the latter recognised {662} in
-her no other end than to minister to his pleasure or to become the
-mother of his children. There was also a general notion that she was
-naturally more vicious, more addicted to envy, discontent,
-evil-speaking, and wantonness, than the man.[232] Plato classes women
-together with children and servants,[233] and states generally that in
-all the pursuits of mankind the female sex is inferior to the
-male.[234] Euripides puts into the mouth of his Medea the remark that
-"women are impotent for good, but clever contrivers of all evil."[235]
-According to the Vedic singer, again, "woman's mind is hard to direct
-aright, and her judgment is small."[236] To the Buddhist, women are of
-all the snares which the tempter has spread for men the most
-dangerous; in women are embodied all the powers of infatuation which
-bind the mind of the world.[237] The Chinese have a saying to the
-effect that the best girls are not equal to the worst boys.[238] Islam
-pronounces the general depravity of women to be much greater than that
-of men.[239] According to Muhammedan tradition, the Prophet said:--"I
-have not left any calamity more hurtful to man than woman. . . . O
-assembly of women, give alms, although it be of your gold and silver
-ornaments; for verily ye are mostly of Hell on the Day of
-Resurrection."[240] The Hebrews represented woman as the source of
-evil and death on earth:--"Of the woman came the beginning of sin, and
-through her we all die."[241] This notion passed into Christianity.
-Says St. Paul, "Adam was not deceived, but the woman being deceived
-was in the transgression."[242] Tertullian maintains that a woman
-should go about in humble garb, mourning and repentant, in order to
-expiate that which she derives from Eve, the ignominy {663} of the
-first sin, and the odium attaching to her as the cause of human
-perdition. "Do you not know," he exclaims, "that you are each an Eve?
-The sentence of God on this sex of yours lives in this age; the guilt
-must of necessity live too. You are the devil's gateway; you are the
-unsealer of that [forbidden] tree; you are the first deserter of the
-divine law; you are she who persuaded him whom the devil was not
-valiant enough to attack. You destroyed so easily God's image, man. On
-account of your desert--that is, death--even the Son of God had to
-die."[243] At the Council of Mâcon, towards the end of the sixth
-century, a bishop even raised the question whether woman really was a
-human being. He answered the question in the negative; but the
-majority of the assembly considered it to be proved by Scripture that
-woman, in spite of all her defects, yet was a member of the human
-race.[244] However, some of the Fathers of the Church were careful to
-emphasise that womanhood only belongs to this earthly existence, and
-that on the day of resurrection all women will appear in the shape of
-sexless beings.[245]
-
-[Footnote 231: Crawley, _The Mystic Rose_, p. 204 _sq._]
-
-[Footnote 232: Dickinson, _op. cit._ p. 159. Döllinger, _op. cit._
-ii. 234.]
-
-[Footnote 233: Plato, _Respublica_, iv. 431.]
-
-[Footnote 234: _Ibid._ v. 455.]
-
-[Footnote 235: Euripides, _Medea_, 406 _sqq._]
-
-[Footnote 236: _Rig-Veda_, viii. 33. 17.]
-
-[Footnote 237: Oldenburg, _Buddha_, p. 165. _Cf._ Kern, _Manual of
-Indian Buddhism_, p. 69.]
-
-[Footnote 238: Smith, _Proverbs of the Chinese_, p. 265.]
-
-[Footnote 239: Lane, _Arabian Society_, p. 219. _Cf._ Doughty, _Arabia
-Deserta_, i. 238.]
-
-[Footnote 240: Lane-Poole, _Speeches of Mohammad_, pp. 161, 163.]
-
-[Footnote 241: _Ecclesiasticus_, xxv. 24.]
-
-[Footnote 242: _1 Timothy_, ii. 14.]
-
-[Footnote 243: Tertullian, _De cultu f[oe]minarum_, i. 1 (Migne,
-_Patrologiæ cursus_, i. 1305). See also Laurent, _Études sur
-l'histoire de l'humanité_, iv. 113.]
-
-[Footnote 244: Gregory of Tours, _Historia Francorum_, viii. 20.]
-
-[Footnote 245: St. Hilar., _Commentarius in Matthæum_, xxiii. 4
-(Migne, _op. cit._ ix. 1045 _sq._). St. Basil, _Homilia in Psalmum
-cxiv._ 5 (Migne, _op. cit._ Ser. Graeca, xxix. 488).]
-
-Progress in civilisation has exercised an unfavourable influence on
-the position of woman by widening the gulf between the sexes, as the
-higher culture was almost exclusively the prerogative of the men.
-Moreover, religion, and especially the great religions in the world,
-have contributed to the degradation of the female sex by regarding
-woman as unclean. During menstruation, or when with child, or at
-child-birth, she is considered to be polluted, to be charged with
-mysterious baneful energy, which is a danger to all around her.[246]
-The cause of this notion seems to lie in the {664} superstitious dread
-of those marvellous processes which then take place, and it reaches
-its height where there is appearance of blood.[247] On such occasions
-woman is shunned not only by men, but in an even higher degree by
-gods, for the obvious reason that contact with the unclean woman would
-injure or destroy their holiness. Indeed, the danger is considered so
-great, that many religions regard women as defiled not only
-temporarily, but permanently, and on that ground exclude them from
-religious worship.
-
-[Footnote 246: Ploss-Bartels, _Das Weib_, i. 420 _sqq._; ii. 10
-_sqq._, 402 _sqq._ Frazer, _Golden Bough_, i. 325 _sqq._; iii. 222
-_sqq._ Crawley, _op. cit._ p. 165 _sqq._; Mathew, _Eaglehawk and
-Crow_, p. 144 (Australian aborigines), de Rochas, _Nouvelle
-Calédonie_, p. 283. Mooney, 'Myths of the Cherokee,' in _Ann. Rep.
-Bur. Ethn._ xix. 469. Sumner, in _Jour. Anthr. Inst._ xxxi. 96
-(Jakuts). Georgi, _Russia_, iii. 25 _sq._ (Samoyedes), 245, _sq._
-(Shamanists of Siberia generally); &c.]
-
-[Footnote 247: Professor Durkheim maintains ('La prohibition de
-l'inceste et ses origines,' in _L'année sociologique_, i. especially
-p. 48 _sqq._) that the origin of the occult powers attributed to the
-feminine organism is to be found in primitive ideas concerning blood,
-any kind of blood, not only menstrual, being the object of similar
-feelings among savages and barbarians. Mr. Crawley justly remarks
-(_op. cit._ p. 212) that there is no flux of blood during pregnancy,
-when woman is regularly taboo; that her hair, nail-parings, and
-occupations can hardly be avoided from a fear of her blood; and that
-there is also the female side of the question to be taken into
-account.]
-
-In the Society Islands a woman was forbidden to touch whatever was
-presented as an offering to the gods, so as not to pollute it.[248] In
-Melanesia women are generally excluded from religious rites.[249]
-Among the Shamanists of Siberia women "are interdicted the worship of
-the deities, and dare not pass round the common hearth of their
-habitations, because fire is sacred to the gods."[250] The women of
-the Voguls are generally prohibited from approaching idols or holy
-places.[251] A Votyak woman may not be present at the sacrifices made
-to the _lud_, or evil spirit.[252] Among the Lapps a woman was not
-allowed to touch a _noaid_'s, or wizard's, drum; nor, as a rule, to
-take part in sacrificial rites; nor even to look in the direction of a
-place where sacrifices were offered.[253] Among the Ainos of Japan,
-"though a woman may prepare a divine offering, she may not offer it. . . .
-Accordingly, women are never allowed to pray, or to take any part
-in any religious {665} exercise."[254] In China women are not allowed
-to go and worship in the temples.[255]
-
-[Footnote 248: Ellis, _Polynesian Researches_, i. 129. _Cf._ Wegener,
-_Geschichte der christlichen Kirche auf dem Gesellschafts-Archipel_,
-p. 181.]
-
-[Footnote 249: Codrington, _Melanesians_, p. 127.]
-
-[Footnote 250: Georgi, _op. cit._ iii. 245. _Cf._ _ibid._ iii. 25.]
-
-[Footnote 251: Abercromby, _Pre- and Proto-historic Finns_, i. 181.]
-
-[Footnote 252: Wichmann, _Tietoja Votjaakkien Mytologiiasta_, p. 17.
-See also _ibid._ p. 27.]
-
-[Footnote 253: von Düben, _Lappland och Lapparne_, p. 276. Friis,
-_Lappisk Mythologi_, p. 147.]
-
-[Footnote 254: Howard, _op. cit._ p. 195.]
-
-[Footnote 255: _Indo-Chinese Gleaner_, iii. 156.]
-
-In ancient Nicaragua women were held unworthy to perform any duty
-in connection with the temples, and were immolated outside the temple
-ground of the large sanctuaries, and even their flesh was unclean food
-for the high priest, who accordingly ate only the flesh of males.[256]
-In Mexico, although some women were employed in the immediate service
-of the temples, they were entirely excluded from the office of
-sacrificing, and the higher dignities of the priesthood.[257]
-
-[Footnote 256: Bancroft, _op. cit._ iii. 494.]
-
-[Footnote 257: Clavigero, _History of Mexico_, i. 274 _sq._]
-
-According to the sacred books of India, "women are considered to
-have no business with the sacred texts";[258] and, being destitute of
-the knowledge of Vedic texts, they "are as impure as falsehood itself,
-that is a fixed rule."[259] Although, according to a Vedic ordinance
-mentioned in the Laws of Manu, husband and wife ought to perform
-religious rites together,[260] they have, among the present Hindus, no
-religious life in common; the women are not allowed to repeat the
-Veda, or to go through the morning and evening Sandhy[=a]
-services.[261] If a woman, a dog, or a Sûdra, touch a consecrated
-image, its godship is destroyed; the ceremonies of deification must
-therefore be performed afresh, whilst a clay image, if thus defiled,
-must be thrown away. If women should worship before a consecrated
-image, they must keep at a respectful distance from the idol.[262]
-
-[Footnote 258: _Baudhâyana_, i. 5. 11. 7.]
-
-[Footnote 259: _Laws of Manu_, ix. 18. _Cf._ _ibid._ ii. 66; iii. 121.]
-
-[Footnote 260: _Ibid._ ix. 96.]
-
-[Footnote 261: Monier Williams, _Br[=a]hmanism and Hind[=u]ism_,
-p. 398.]
-
-[Footnote 262: Ward, _View of the History, &c., of the Hindoos_, ii.
-13, 36.]
-
-Islam is chiefly a religion for men. Though Muhammed did not forbid
-women to attend public prayers in a mosque, he pronounced it better
-for them to pray in private, as the presence of females might inspire
-in the men a different kind of devotion from that which is requisite
-in a place dedicated to the worship of God.[263] Women are absolutely
-excluded from many Muhammedan places of worship, and are frowned upon
-if they venture to appear in others, at any rate while men are
-there.[264]
-
-[Footnote 263: Lane, _Manners and Customs of the Modern Egyptians_,
-p. 94.]
-
-[Footnote 264: Pool, _Studies in Mohammedanism_, p. 39 _sq._]
-
-In Christian Europe, as ascetic ideas advanced, the women sat or
-stood in the church apart from the men, and entered by a separate
-door.[265] They were excluded from sacred functions. {666} In the
-early Church, it is true, there were "deaconesses" and clerical
-"widows," but their offices were merely to perform some inferior
-services of the church;[266] and even these very modest posts were
-open only to virgins or widows of a considerable age.[267] Whilst a
-layman could in case of necessity administer baptism, a woman could
-never, as it seems, perform such an act.[268] Nor was a woman allowed
-to preach publicly in the church, either by the Apostle's rules or
-those of succeeding ages;[269] and it was a serious complaint against
-certain heretics that they allowed such a practice. "The heretic
-women," Tertullian exclaims, "how wanton are they! they who dare to
-teach, to dispute, to practise exorcisms, to promise cures, perchance,
-also, to baptise!"[270] A Council held at Auxerre at the end of the
-sixth century forbade women to receive the Eucharist into their naked
-hands;[271] and in various Canons women were enjoined not to come near
-to the altar while mass was celebrating.[272] To such an extent was
-this opposition against women carried that the Church of the Middle
-Ages did not hesitate to provide itself with eunuchs in order to
-supply cathedral choirs with the soprano tones inhering by nature in
-women alone.[273]
-
-[Footnote 265: Donaldson, in _Contemporary Review_, lvi. 438.]
-
-[Footnote 266: Zscharnack, _Der Dienst der Frau in den ersten
-Jahrhunderten der christlichen Kirche_, p. 99 _sqq._ Robinson,
-_Ministry of Deaconesses_, _passim_.]
-
-[Footnote 267: _Ibid._ pp. 113, 114, 125.]
-
-[Footnote 268: Bingham, _Works_, iv. 45. Zscharnack, _op. cit._ p. 93.]
-
-[Footnote 269: Bingham, _op. cit._ v. 107 _sqq._ Zscharnack, _op.
-cit._ p. 73 _sqq._]
-
-[Footnote 270: Tertullian, _De præscriptionibus adversus hæreticos_,
-41 (Migne, _op. cit._ ii. 56). _Cf._ Tertullian, _De baptismo_, 17
-(Migne, _op. cit._ i. 1219).]
-
-[Footnote 271: _Concilium Autisiodorense_, A.D. 578, can. 36
-(Labbe-Mansi, _Sacrorum Conciliorum collectio_, ix. 915).]
-
-[Footnote 272: _Canones Concilii Laodiceni_, 44 (Labbe-Mansi, _op.
-cit._ ii. 581, 589). 'Epitome canonum, quam Hadrianus I. Carolo Magno
-obtulit, A.D. DCCLXXIII.,' in Labbe-Mansi, _op. cit._ xii. 868.
-_Canons enacted under King Edgar_, 44 (_Ancient Laws and Institutes of
-England_, p. 399).]
-
-[Footnote 273: _Cf._ Gage, _Woman, Church and State_, p. 57.]
-
-But the notion that woman is either temporarily or permanently
-unclean, that she is a mysterious being charged with supernatural
-energy, is not only a cause of her degradation; it also gives her a
-secret power over her husband, which may be very considerable. During
-my stay among the country people of Morocco, Arabs and Berbers alike,
-I was often struck by the superstitious fear with which the women
-imbued the men. They are supposed to be much better versed in magic,
-and have also splendid opportunities to practise it to the detriment
-{667} of their husbands, as they may easily bewitch the food they
-prepare for them. For instance, the wife only needs to cut off a
-little piece of a donkey's ear and put it into the husband's food.
-What happens? By eating that little piece the husband will, in his
-relations to his wife, become just like a donkey; he will always
-listen to what she says, and the wife will become the ruler of the
-house. I also believe that the men on purpose abstain from teaching
-the women prayers, so as not to increase their supernatural
-power.[274] In the Arabian Desert men are likewise afraid of their
-women "with their sly philters and maleficent drinks."[275] In Dahomey
-"the husband may not chastise or interfere with his wife whilst the
-fetish is 'upon' her, and even at other times the use of the rod might
-be dangerous."[276] Women, and especially old ones, are very
-frequently regarded as experts in magic. [277] Among the ancient
-Arabs,[278] Babylonians,[279] and Peruvians,[280] as in Europe during
-the Middle Ages and later, the witch appeared more frequently than the
-male sorcerer. So, also, in the Government of Tomsk in Southern
-Siberia, native sorceresses are much more numerous than wizards;[281]
-and among the Californian Shastika all, or nearly all, of the {668}
-shamans are women.[282] The curses of women are greatly feared. In
-Morocco it is considered even a greater calamity to be cursed by a
-Shereefa, or female descendant of the Prophet, than to be cursed by a
-Shereef. According to the Talmud, the anger of a wife destroys the
-house;[283] but, on the other hand, it is also through woman that
-God's blessings are vouchsafed to it.[284] We read in the Laws of
-Manu:--"Women must be honoured and adorned by their fathers, brothers,
-husbands, and brothers-in-law, who desire their own welfare. Where
-women are honoured, there the gods are pleased; but where they are not
-honoured, no sacred rite yields rewards. Where the female relations
-live in grief, the family soon wholly perishes; but that family where
-they are not unhappy ever prospers. The houses on which female
-relations, not being duly honoured, pronounce a curse, perish
-completely as if destroyed by magic. Hence men who seek their own
-welfare should always honour women on holidays and festivals with
-gifts of ornaments, clothes, and dainty food."[285] A Gaelic proverb
-says, "A wicked woman will get her wish, though her soul may not see
-salvation."[286] Closely connected with the belief in the magic power
-of women, and especially, I think, in the great efficacy of their
-curses, is the custom according to which a woman may serve as an
-asylum.[287] In various tribes of Morocco, especially among the
-Berbers and Jbâla, a person who takes refuge with a woman by touching
-her is safe from his persecutor. Among the Arabs of the plains this
-custom is dying out, probably owing to their subjection under the
-Sultan's government; but amongst certain Asiatic Bedouins, the tribe
-of Shammar, "a woman can protect any number of persons, or even of
-tents."[288] {669} Among the Circassians "a stranger who intrusts
-himself to the patronage of a woman, or is able to touch with his
-mouth the breast of a wife, is spared and protected as a relation of
-the blood, though he were the enemy, nay even the murderer of a
-similar relative."[289] The inhabitants of Bareges in Bigorre have, up
-to recent times, preserved the old custom of pardoning a criminal who
-has sought refuge with a woman.[290]
-
-[Footnote 274: We are told that among the Ainos of Japan women are
-forbidden to pray, not only in conformity with ancestral custom, but
-because the men are afraid of the prayers of the women in general, and
-of their wives in particular. An old man said to Mr. Batchelor:--"The
-women as well as the men used to be allowed to worship the gods and
-take part in all religious exercises; but our wise honoured ancestors
-forbade them to do so, because it was thought they might use their
-prayers against the men, and more particularly against their husbands.
-We therefore think that it is wiser to keep them from praying"
-(Batchelor, _Ainu and their Folk-Lore_, p. 550 _sq._ Howard, _op.
-cit._ p. 195). Among the Santals the men are careful not to divulge
-the names of their household gods to their wives, for fear lest the
-latter should acquire undue influence with the gods, become witches,
-and "eat up the family with impunity when the protection of its gods
-has been withdrawn" (Risley, _Tribes and Castes of Bengal_,
-_Ethnographic Glossary_, ii. 232).]
-
-[Footnote 275: Doughty, _Arabia Deserta_, ii. 384.]
-
-[Footnote 276: Burton, _Mission to Gelele_, ii. 155.]
-
-[Footnote 277: Ploss-Bartels, _op. cit._ ii. 664, 666 _sqq._ Mason,
-_op. cit._ p. 255 _sqq._ Landtman, _Origin of Priesthood_, p. 198
-_sq._ Angas, _Savage Life and Scenes in Australia and New Zealand_, i.
-317 (Maoris). Connolly, 'Social Life in Fanti-land,' in _Jour. Anthr.
-Inst._ xxvi. 150.]
-
-[Footnote 278: Wellhausen, _Reste arabischen Heidentums_, p. 159.]
-
-[Footnote 279: Jastrow, _Religion of Babylonia_, pp. 267, 342.]
-
-[Footnote 280: Garcilasso de la Vega, _First Part of the Royal
-Commentaries of the Yncas_, i. 60.]
-
-[Footnote 281: Kostroff, quoted by Landtman, _op. cit._ p. 199.]
-
-[Footnote 282: Powers, _Tribes of California_, p. 246.]
-
-[Footnote 283: _Sota_, fol. 3 B, quoted by Katz, _Der wahre
-Talmudjude_, p. 110 _sq._]
-
-[Footnote 284: _Baba Meziah_, fol. 59 A, quoted _ibid._ p. 112.
-Deutsch, _Literary Remains_, p. 56.]
-
-[Footnote 285: _Laws of Manu_, iii. 55 _sqq._]
-
-[Footnote 286: Carmichael, _Carmina Gadelica_, ii. 317.]
-
-[Footnote 287: For some instances of this custom see Andree, 'Die
-Asyle,' in _Globus_, xxxviii. 302; Bachofen, _Das Mutterrecht_, p. 420
-(Basques).]
-
-[Footnote 288: Layard, _Discoveries in the Ruins of Nineveh and
-Babylon_, p. 318.]
-
-[Footnote 289: Pallas, _Travels through the Southern Provinces of the
-Russian Empire_, i. 404.]
-
-[Footnote 290: Fischer, _Bergreisen_, i. 60.]
-
-Yet another factor remains to be mentioned as a cause of the
-subjection in which married women are held by many peoples of culture.
-We have noticed that in archaic civilisation the father's power over
-his children is extreme, that the State whilst weakening or destroying
-the clan-tie strengthened the family-tie, and that the father was
-invested with some part of the power which formerly belonged to the
-clan.[291] This process must also have affected the _status_ of
-married women. The husband's power over his wife is closely connected
-with the father's power over his daughter; for, by giving her in
-marriage, he generally transfers to the husband the authority which he
-himself previously possessed over her as a paternal right.
-
-[Footnote 291: _Supra_, ch. xxv. especially p. 627 _sq._]
-
-In modern civilisation, on the other hand, we find, hand in hand with
-the decrease of the father's power, a decrease of the husband's
-authority over his wife. But the causes of the gradual emancipation of
-married women are manifold. Life has become more complicated; the
-occupations of women have become much more extensive; their influence
-has expanded correspondingly, from the home and household to public
-life. Their widened interests have interfered with that submissiveness
-which is an original characteristic of their sex. Their greater
-education has made them more respected, and has increased their
-independence. Finally, the decline of the influence exercised by
-antiquated religious ideas is removing what has probably been the most
-persistent cause of the wife's subjection to her husband's
-rule.
-
-
-
-
-CHAPTER XXVII
-
-SLAVERY
-
-SLAVERY is essentially an industrial institution, which implies
-compulsory labour beyond the limits of family relations. The master
-has a right to avail himself of the working power of his slave,
-without previous agreement on the part of the latter. This I take to
-be the essence of slavery; but connected with such a right there are
-others which hardly admit of a strict definition, or which belong to
-the master in some cases though not in all. He is entitled to claim
-obedience and to enforce this claim with more or less severity, but
-his authority is not necessarily absolute, and the restrictions
-imposed on it are not everywhere the same. According to a common
-definition of slavery, the slave is the property of his master,[1] but
-this definition is hardly accurate. It is true that even in the case
-of inanimate property the notion of ownership does not involve that
-the owner of a thing is always entitled to do with it whatever he
-likes; a person may own a thing and yet be prohibited by law from
-destroying it. But it seems that the owner's right over his property,
-even when not absolute, is at all events exclusive, that is, that
-nobody but the owner has a right to the disposal of it. Now the
-master's right of disposing of his slave is not necessarily {671}
-exclusive; custom or law may grant the latter a certain amount of
-liberty, and in such a case his condition differs essentially from
-that of a piece of property. The chief characteristic of slavery is
-the compulsory nature of the slave's relation to his master. Voluntary
-slavery, as when a person sells himself as a slave, is only an
-imitation of slavery true and proper; the person who gives up his
-liberty confers upon another, by contract, either for a limited period
-or for ever, the same rights over himself as a master possesses over
-his slave. If slavery proper could be based upon a contract between
-the parties concerned, I fail to see how to distinguish between a
-servant and a slave.
-
-[Footnote 1: Nieboer, _Slavery as an Industrial System_, p. 4 _sqq._
-Dr. Nieboer himself defines slavery as "the fact, that one man is the
-property or possession of another beyond the limits of the family
-proper" (_ibid._ p. 29).]
-
-Dr. Nieboer has recently with much minuteness examined the
-distribution of slavery and its causes among savage races. It appears
-from his work that slavery is unknown in Australia, and in Oceania
-restricted to certain islands. In the Malay Archipelago, on the other
-hand, it prevails very extensively. Among the aboriginal tribes of
-India and the Indo-Chinese Peninsula it is fairly common, whereas no
-certain traces of it are found among the lower races of Central Asia
-and Siberia, with the exception of the Kamchadales. In North America
-it exists along the Pacific Coast from Behring Strait to the northern
-boundary of California, but beyond this district it seems to be
-unknown. In Central and South America there are at any rate several
-scattered cases of it, and if our knowledge of the South American
-Indians were less fragmentary, many other instances might perhaps be
-added. In savage Africa there are only one or two districts where no
-certain cases of slavery are encountered, whilst large agglomerations
-of slave-keeping tribes occur on the Coast of Guinea and in the
-district formed by Lower Guinea and the territories bordering the
-Congo.[2]
-
-[Footnote 2: Nieboer, _op. cit._ p. 47 _sqq._]
-
-Slaves are kept only where there is employment for them, and where the
-circumstances are otherwise favourable to the growth of slavery. Its
-existence or non-existence {672} in a tribe largely depends on the
-manner in which that tribe lives. Among hunters it hardly occurs at
-all. Mr. Spencer justly observes that, "in the absence of industrial
-activity, slaves are almost useless; and, indeed, where game is
-scarce, are not worth their food."[3] Moreover, they would have to be
-procured from foreign tribes, and to prevent such slaves from running
-away would be almost impossible for hunters who roam over vast tracts
-of land in pursuit of game, especially if the slaves also were engaged
-in hunting. For a small community of hunters--and their communities
-generally are small[4]--it might even be dangerous to keep foreign
-slaves in their midst.[5] Among fishing tribes, on the other hand,
-slavery is much more common, attaining a special importance among
-those who live on or near the Pacific Coast of North-Western America.
-These tribes have an abundance of food, they have fixed habitations,
-they live in comparatively large groups, and trade and industry,
-property and wealth, are well developed among them. In consequence,
-they find the services of slaves useful, and, at the same time, the
-slaves have little chance of making their escape.[6]
-
-[Footnote 3: Spencer, _Principles of Sociology_, iii. 459.]
-
-[Footnote 4: Westermarck, _History of Human Marriage_, p. 43 _sqq._
-Hildebrand, _Recht und Sitte_, p. 1 _sqq._]
-
-[Footnote 5: Nieboer, _op. cit._, p. 191 _sqq._]
-
-[Footnote 6: _Ibid._ p. 199 _sqq._]
-
-Of the pastoral tribes referred to in Dr. Nieboer's list only one half
-keep slaves, and among some of these slave-keeping is said to be a
-mere luxury. To pastoral peoples, as such, slave labour is of little
-moment. Among them subsistence depends much more on capital than on
-labour, and for the small amount of work which is required free
-labourers are easily procured. As Dr. Nieboer observes, "among people
-who live upon the produce of their cattle, a man who owns no cattle,
-_i.e._ no capital, has no means of subsistence. Accordingly, among
-pastoral tribes we find rich and poor men; and the poor often offer
-themselves as labourers to the rich."[7] Pastoral peoples have thus no
-strong motives for making slaves, but at the same {673} time "there
-are no causes preventing them from keeping slaves. These tribes are,
-so to speak, in a state of equilibrium; a small additional cause on
-either side turns the balance. One such additional cause is the
-slave-trade; another is the neighbourhood of inferior races." All
-those pastoral peoples who keep slaves live in districts where an
-extensive slave-trade has for a long time been carried on. The slaves
-are often purchased from slave-traders, and in several cases they
-belong to an inferior race.[8]
-
-[Footnote 7: See also Hildebrand, _op. cit._ p. 38 _sq._]
-
-[Footnote 8: Nieboer, _op. cit._ p. 261 _sqq._]
-
-Among agricultural peoples slavery prevails more extensively; further,
-it is more common among such tribes as subsist chiefly by agriculture
-than among incipient agriculturists, who still depend on hunting or
-fishing for a large portion of their food. In primitive agricultural
-communities nobody voluntarily serves another, because subsistence is
-independent of capital and easy to procure. "All freemen in new
-countries," says Mr. Bagehot, "must be pretty equal; every one has
-labour, and every one has land; capital, at least in agricultural
-countries (for pastoral countries are very different), is of little
-use; it cannot hire labour; the labourers go and work for
-themselves."[9] Hence in such countries, if a man wants another to
-work for him, he must compel him to do it--that is, he must make him
-his slave. This holds true of most savage countries, namely, of all
-those in which there is much more fertile land than is required to be
-cultivated for the support of the actual population; but it does not
-hold true of all. Where every piece of land fit for cultivation has
-been appropriated, a man who owns no land cannot earn his subsistence
-independently of a landlord; hence free labourers are available,
-slaves are not wanted, and slavery is not likely to exist. And even
-where there are no poor persons, but everybody has a share in the
-resources of the country, the use of slaves cannot be great, since a
-man who owns a limited capital, or a limited quantity of land, can
-only employ a limited number of labourers. {674} For instance, the
-absence of slavery in many Oceanic islands may be accounted for by the
-fact that all land had been appropriated, which led to a state of
-things inconsistent with slavery as a social system.[10]
-
-[Footnote 9: Bagehot, _Physics and Politics_, p. 72.]
-
-[Footnote 10: Nieboer, _op. cit._ pp. 294-347, 420 _sq._]
-
-These are the main conclusions at which Dr. Nieboer has arrived by
-means of much admirable and painstaking research. Most of them, I
-think, are undoubtedly correct; yet it seems to me that the influence
-of economic conditions upon the institution of slavery has perhaps
-been emphasised too much at the cost of other factors. The prevalence
-of slavery in a savage tribe and the extent to which it is practised
-must also depend upon the ability of the tribe to procure slaves from
-foreign communities and upon its willingness to allow its own members
-to be kept as slaves within the tribe. It may be very useful for a
-group of savages to have a certain number of slaves, and yet they may
-not have them, for the reason that no slaves are to be had. It is only
-in extraordinary cases that a person is allowed to enslave a member of
-his own community. Intra-tribal slavery is a question not only of
-economic but of moral concern, whilst extra-tribal slavery originally
-depends upon success in war.
-
-We have reason to believe that the earliest source of slavery was war
-or conquest, and that slavery in many cases was a substitution for
-putting prisoners of war to death.[11] Savages, who have little mercy
-on their enemies, naturally make no scruple in reducing them to
-slavery whenever they find their advantage in doing so. Among existing
-savages, in fact, prisoners of war are very frequently enslaved.[12]
-They and their descendants, together {675} with persons kidnapped or
-purchased from foreign tribes, seem generally to form by far the
-majority of the slave population in uncivilised countries.
-
-[Footnote 11: _Cf._ Millar, _Origin of the Distinction of Ranks_, p.
-245; Jacob, _Historical Inquiry into the Production and Consumption of
-the Precious Metals_, i. 136; Buckle, _Miscellaneous and Posthumous
-Works_, iii. 413; Comte, _Cours de philosophie positive_, v. 186
-_sqq._; Cibrario, _Della schiavitù e del servaggio_, i. 16.]
-
-[Footnote 12: Rink, _Eskimo Tribes_, p. 28 (Western Eskimo). Petroff,
-'Report on Alaska,' in _Tenth Census of the United States_, pp. 152
-(Aleuts), 165 (Thlinkets). Richardson, _Arctic Searching Expedition_,
-i. 412 (Kutchin). Gibbs, 'Tribes of Western Washington and
-Northwestern Oregon,' in _Contributions to North American Ethnology_,
-i. 188. von Martius _Beiträge zur Ethnographie Amerika's_, i. 232
-(Guaycurus), 298 (Carajás). Azara, _Voyages dans l'Amérique
-métridionale_, ii. 109 _sq._ (Mbayas). Lewin, _Hill Tracts of
-Chittagong_, p. 35. _Idem_, _Wild Races of South-Eastern India_, p.
-194 (Toungtha). Modigliani, _Viaggio a Nías_, p. 521. Kohler, 'Recht
-der Papuas auf Neu-Guinea,' in _Zeitschr. f. vergl. Rechtswiss._ vii.
-370. Williams and Calvert, _Fiji_, p. 25. Polack, _Manners and Customs
-of the New Zealanders_, ii. 52; Hale, _U.S. Exploring Expedition. Vol.
-VI.--Ethnography and Philology_, p. 33 (New Zealanders). Ellis,
-_History of Madagascar_, i. 192. Andersson, _Lake Ngami_, p. 231;
-Kohler, in _Zeitschr. f. vergl. Rechtswiss._ xiv. 311 (Herero).
-Velten, _Sitten und Gebräuche der Suaheli_, p. 305. Baumann,
-_Usambara_, p. 141 (Wabondei). Felkin, 'Notes on the Waganda Tribe,'
-in _Proceed. Roy. Soc. Edinburgh_, xiii. 746. Mungo Park, _Travels in
-the Interior of Africa_, p. 19 (Mandingoes). Rowley, _Africa
-Unveiled_, p. 176. Tuckey, _Expedition to Explore the River Zaire_, p.
-367 (Negroes of Congo). Sarbah, _Fanti Customary Laws_, p. 6. Burton,
-_Abeokuta_, i. 301. Ellis, _Tshi-speaking Peoples of the Gold Coast_,
-p. 289. Munzinger, _Ostafrikanische Studien_, p. 309 _sq._ (Beni
-Amer). Mademba, in Steinmetz, _Rechtsverhältnisse von eingeborenen
-Völkern in Afrika und Ozeanien_, p. 83 (natives of the Sansanding
-States). Nicole, _ibid._ p. 118 _sq._ (Diakité-Sarracolese). Tellier,
-_ibid._ pp. 168, 171 (Kreis Kita of the French Soudan). Beverley,
-_ibid._ p. 213 (Wagogo). Lang, _ibid._ p. 241 (Washambala).
-Desoignies, _ibid._ p. 278 (Msalala). Nieboer _op. cit._ pp. 49, 52,
-73-76, 78, 100.]
-
-Whilst little regard is paid to the liberty of strangers, custom
-everywhere, as a rule, forbids the enslaving of tribesmen. Yet
-sometimes a father's power over his children,[13] as also a husband's
-power over his wife,[14] involves the right of selling them as slaves;
-and among various peoples a person may be reduced to slavery for
-committing a crime,[15] or for insolvency.[16] Among the tribes of
-Western {676} Washington and North-Western Oregon, if an Indian has
-wronged another and failed to make compensation, he may be taken as a
-slave.[17] The Papuans of Dorey had a law according to which an
-incendiary with his family became the slave of the late proprietor of
-the burned house.[18] Among the Line Islanders of Micronesia, if a man
-of low class stole some food from a person belonging to the "gentry,"
-he became the slave of the latter and lost all his property.[19]
-Sometimes a man is induced by great poverty to sell himself as a
-slave.[20] But most intra-tribal slaves are born unfree, being the
-offspring of parents one or both of whom are slaves.[21]
-
-[Footnote 13: _Supra_, p. 599.]
-
-[Footnote 14: _Supra_, p. 629 _sq._]
-
-[Footnote 15: Butler, _Travels and Adventures in Assam_, p. 94
-(Kukis). Mason, 'Dwellings, &c., of the Karens,' in _Jour. Asiatic
-Soc. Bengal_, xxxvii. pt. ii. p. 146 _sq._; Smeaton, _Loyal Karens of
-Burma_, p. 86. Wilken, 'Het strafrecht bij de volken van het maleische
-ras,' in _Bijdragen tot de taal- land- en volkenkunde van
-Nederlandsch-Indië_, 1883, Land- en volkenkunde, p. 108 _sq._
-Junghuhn, _Die Battalander auf Sumatra_, ii. 145 _sq._ (Bataks).
-Raffles, _History of Java_, ii. p. ccxxxv. (people of Bali). Forbes,
-_A Naturalist's Wanderings in the Eastern Archipelago_, p. 320 (people
-of Timor-laut). von Rosenberg, _Der malayische Archipel_, p. 166
-(Niase). Hickson, _A Naturalist in North Celebes_, p. 194 (Sangirese).
-Post, _Afrikanische Jurisprudenz_, ii. 87. Paulitschke, _Ethnographie
-Nordost-Afrikas_, p. 261. Munzinger, _Ostafrikanische Studien_, p. 244
-_sq._ (Marca). Petherick, _Travels in Central Africa_, ii. 3 (Shilluk
-of the White Nile). Bowdich, _Mission to Ashantee_, p. 258 n. *
-(Fantis). Hübbe-Schleiden, _Ethiopien_, p. 152 (Mpongwe). Burton,
-_Abeokuta_, i. 301. Tuckey, _op. cit._ p. 367 (Negroes of Congo).
-Mungo Park, _op. cit._ p. 19 (Mandingoes). Tellier, in Steinmetz,
-_Rechtsverhältnisse_, p. 171 (Kreis Kita of the French Soudan). Lang,
-_ibid._ p. 241 (Washambala). Dale, 'Customs of the Natives inhabiting
-the Bondei Country,' in _Jour. Anthr. Inst._ xxv. 230, Ellis, _History
-of Madagascar_, i. 193. Velten, _op. cit._ p. 305 _sq._ (Waswahili).]
-
-[Footnote 16: Gibbs, _loc. cit._ p. 188 (Indians of Western Washington
-and North-western Oregon), Lewin, _Hill Tracts of Chittagong_, p. 34.
-_Idem_, _Wild Races of South-Eastern India_, pp. 194 (Khyoungtha), 235
-(Mrús). Mason, 'Religion, &c., of the Karens,' in _Jour. Asiatic Soc.
-Bengal_, xxxiv. pt. ii. 216. Blumentritt, 'Die Sitten und Bräuche der
-alten Tagalen,' in _Zeitschr. f. Ethnol._ xxv. 13 _sqq._ Lala,
-_Philippine Islands_, p. 111 (natives of Sulu). Low, _Sarawak_, p.
-301. Bock, _Head-Hunters of Borneo_, p. 210 (Dyak tribes). Junghuhn,
-_op. cit._ ii. 151 _sq._ Raffles, _op. cit._ i. 353 n. (Javanese); ii.
-p. ccxxxv. (people of Bali). Nieboer, _op. cit._ pp. 110, 111, 114,
-119 _sq._ (various peoples in the Malay Archipelago). Munzinger,
-_Ostafrikanische Studien_, pp. 207 (Takue), 245 (Marea). Kingsley,
-_West African Studies_, p. 370, Hübbe-Schleiden, _op. cit._ p. 152
-(Mpongwe). Burton, _Abeokuta_, i. 301. Mungo Park, _op. cit._ p. 19
-(Mandingoes). Dale, in _Jour. Anthr. Inst._ xxv. 230 (Wabondei).
-Baskerville, in Steinmetz, _Rechtsverhältnisse_, p. 193 _sq._
-(Waganda), Lang, _ibid._ p. 240 (Washambala). Walter, _ibid._ p. 381
-(Natives of Nossi-Bé and Mayotte, Madagascar). Post, _Afrikanische
-Jurisprudenz_, i. 90 _sq._ _Idem_, _Grundriss der ethnologischen
-Jurisprudenz_, i. 363 _sqq._; ii. 564 _sqq._ Kohler, _Shakespeare vor
-dem Forum der Jurisprudenz_, p. 14 _sq._]
-
-[Footnote 17: Gibbs, _loc. cit._ p. 188.]
-
-[Footnote 18: Earl, _Papuans_, p. 83.]
-
-[Footnote 19: Tutuila, in _Jour. Polynesian Soc._ i. 268 _sq._]
-
-[Footnote 20: Azara, _op. cit._ ii. 109 (Mbayas). Hale, _op. cit._ p.
-96 (Kingsmill Islanders). Burton, _Abeokuta_, i. 301. Andersson, _Lake
-Ngami_, p. 231 (Herero). Ellis, _History of Madagascar_, i. 192 _sq._]
-
-[Footnote 21: _Cf._ Post, _Afrikanische Jurisprudenz_, i. 89 _sq._;
-Mademba, in Steinmetz, _Rechtsverhältnisse_, p. 83 (natives of the
-Sansanding States); Nicole, _ibid._ p. 119 (Diakité-Sarracolese);
-Baskerville, _ibid._ p. 194 (Waganda); Desoignies, _ibid._ p. 278
-(Malala); Dale, in _Jour. Anthr. Inst._ xxv. 230 (Wabondei); Ellis,
-_History of Madagascar_, i. 193.]
-
-In descriptions of slave-holding savages it is often said that a
-master has absolute power over his slave. But even in such instances,
-when details are scrutinised, it frequently appears that custom or
-public opinion does not allow a person to treat his slave just as he
-pleases. We have noticed above that in many cases the master is
-expressly denied the right of killing him at his own discretion.[22]
-More commonly than one would imagine the master has not {677} even an
-unlimited right to sell his slave. Among some peoples he may sell at
-will such slaves only as have been captured in war or purchased, not
-such as have been born in the house.[23] In several instances a slave,
-and especially a domestic slave, cannot be sold unless he has been
-guilty of some crime or misdemeanour.[24] Among the Banaka and Bapuku
-in the Cameroons the master may chastise or send away a slave who has
-behaved badly, but is not allowed to sell him.[25] There are,
-moreover, instances in which the master is entitled not to all the
-services of his slave, but only to a limited portion of them. In some
-parts of Africa the slave is obliged to work for his master on certain
-days of the week or a certain number of hours, but has the rest of his
-time free.[26] In the highlands of Palembang, Sumatra, a slave may
-carry on trade and hire himself out as a day labourer on his own
-behalf, and when he works in the field one-half of his harvesting
-belongs to him and the other half to his master.[27] Where the slave
-is allowed to possess property of his own he may in some cases,[28]
-though not in all,[29] buy his freedom; and debtor-slaves are as a
-rule entitled to regain their liberty by paying off the debt.[30] Many
-peoples even permit a dissatisfied slave to change his master. Among
-the Washambala, if a person does not fulfil his duties towards any of
-his slaves, the latter has a right to complain of him to the chief,
-and should the accusation prove true the chief buys the slave of his
-master for an ox and two cows, and keeps {678} him for himself.[31]
-Among other peoples a slave, in order to get a new master, has only to
-cause a slight damage to somebody's property, or to commit some other
-trifling offence, in which case he must be given up to the person he
-"injured."[32] It is astonishing to notice how readily, in many
-African countries, slaves are allowed by custom to rid themselves of
-tyrannical or neglectful masters.[33] The Barea and Bazes have a law
-according to which a slave becomes free by simply leaving his
-lord.[34] Among the Manipuris, in Further India, if a slave flies from
-one master and selects for himself another, it is presumed that he has
-been badly treated by the first one, and the fugitive can consequently
-not be reclaimed.[35]
-
-[Footnote 22: _Supra_, p. 422 _sq._]
-
-[Footnote 23: Post, _Afrikanische Jurisprudenz_, i. 95 _sqq._]
-
-[Footnote 24: _Ibid._ i. 96 _sq._ Tellier, in Steinmetz,
-_Rechtsverhältnisse_, p. 169 (Kreis Kita). Lang, _ibid._ p. 241
-(Washambala).]
-
-[Footnote 25: Steinmetz, _Rechtsvershältnisse_, p. 43.]
-
-[Footnote 26: Post, _Afrikanische Jurisprudenz_, i. 101. Mademba, in
-Steinmetz, _Rechtsverhältnisse_, p. 83 (natives of the Sansanding
-States). Nicole, _ibid._ p. 118 (Diakité-Sarracolese). Tellier,
-_ibid._ p. 169 _sqq._ (Kreis Kita).]
-
-[Footnote 27: _Glimpses of the Eastern Archipelago_, p. 106.]
-
-[Footnote 28: Post, _Afrikanische Jurisprudenz_, i. 111 _sq._]
-
-[Footnote 29: _Ibid._ i. 111 _sq._ Tellier, in Steinmetz,
-_Rechtsverhältnisse_, p. 170 (Kreis Kita), Senfft, _ibid._ p. 442
-(Marshall Islanders).]
-
-[Footnote 30: Post, _Grundriss der ethnologischen Jurisprudenz_, i.
-366. Nieboer, _op. cit._ pp. 38, 432. Nicole, in Steinmetz,
-_Rechtsverhältnisse_, p. 118 (Diakité-Sarracolese). Baskervilie,
-_ibid._ p. 194 (Waganda). Lang, _ibid._ p. 240 _sqq._ (Washambala).]
-
-[Footnote 31: Lang, in Steinmetz, _Rechtsverhältnisse_, p. 242.]
-
-[Footnote 32: Post, _Afrikanische Jurisprudenz_, i. 102 _sqq._ _Idem_,
-_Grundriss der ethnologischen Jurisprudenz_, i. 377. Steinmetz,
-_Rechtsverhältnisse_, p. 168. Pechuel-Loesche, 'Aus dem Leben der
-Loango-Neger,' in _Globus_, xxxii. 238.]
-
-[Footnote 33: See also Post, _Afrikanische Jurisprudenz_, i. 102
-_sqq._; Munzinger, _Ostafrikanische Studien_, p. 309 (Beni Amer);
-_Idem_, _Die Sitten und das Recht der Bogos_, p. 43.]
-
-[Footnote 34: Munzinger, _Ostafrikanische Studien_, p. 484.]
-
-[Footnote 35: Dalton, _Descriptive Ethnology of Bengal_, p. 51.]
-
-A slave among the lower races can thus by no means be described as a
-being destitute of all rights. As a rule, it seems, he is treated
-kindly, very commonly as an inferior member of the family.[36] Among
-the Aleuts a slave suffering want would bring dishonour upon his
-master.[37] The South American Mbayás, says Azara, {679} "aiment
-extraordinairement tous leurs esclaves; jamais ils ne leur commandent
-d'un ton imperieux; jamais ils ne les reprimandent, ni ne les
-châtient, ni ne les vendent, quand même ce seraient des prisonniers de
-guerre. . . . Quel contraste avec le traitement que les européens font
-éprouver aux africains!"[38] In West Africa "the condition of slavery
-is not regarded as degrading, and a slave is not considered an
-inferior being."[39] On the Gold Coast, with the exception of the
-unpleasant liability of being sent at any moment to serve his master
-in the other world, the lot of a slave is not generally one of
-hardship, but is on the whole far better than that of the agricultural
-labourer in England. The slave is generally considered a member of the
-family, and if native-born succeeds in some cases in default of an
-heir to the property of his master.[40] In the Yoruba country it was
-quite common for a slave to be named by his master in his last will to
-be the factor or general manager of the estate, and to be left to take
-care of the entire establishment.[41] Among the Kreis Kita, of the
-French Soudan, the master calls his domestic slaves his sons, and they
-call him their father; nay, the natural guardian of an heir who is not
-yet of age is not his mother, but the eldest domestic slave of the
-household.[42] Speaking of the natives in the region of Lake Nyassa,
-Mr. Macdonald remarks that most Africans like to see their slaves
-become rich; "Are they not," they say, "our own children?"[43] Among
-the Wabondei, "if a man buys a slave, he calls his own children and
-says, 'Behold your brother.' The slave is treated as a son, and is
-neither beaten nor tied."[44] In Madagascar the slaves "are kindly
-treated by their masters, they are considered as a kind of inferior
-members of the family to whom they belong, and many of the slaves have
-a {680} practical freedom of action to which the free population are
-quite strangers."[45] The slavery prevalent among the native races of
-the Malay Archipelago is generally mild. In Borneo, says Mr. Boyle,
-"we always found a difficulty in distinguishing the servile portion of
-a household from the freeborn population, and the honours and
-distinctions open to the latter class are likewise accessible to the
-former."[46] The slave-debtors of the Dyaks are "just as happy in this
-state--living in their creditors' houses and working on their
-farms--as if perfectly free, enjoying all the liberty of their
-masters."[47] Among the Chittagong Hill tribes the debtor-slaves were
-treated as members of the creditor's family, and were never exposed to
-harsh usage.[48] Among the Káfirs of the Hindu-Kush slaves are
-sometimes chosen among the annually elected magistracy, and Sir Scott
-Robertson knew of a case in which a master and his slave went through
-the ceremony of brotherhood together.[49]
-
-[Footnote 36: _Ibid._ pp. 51 (Manipuris), 58 (Garos). Lewin, _Hill
-Tracts of Chittagong_, p. 34 _sq._ _Idem_, _Wild Races of
-South-Eastern India_, p. 90 (Chittagong Hill tribes). Colquhoun,
-_Amongst the Shans_, p. 267. Mouhot, _Travels in the Central Parts of
-Indo-China_, i. 250 (Stiêns). Riedel, _De sluik- en kroesharige rassen
-tusschen Selebes en Papua_, pp. 194 (Watubela Islanders), 293 (people
-of Tenimber and Timor-laut), 434 (people of Wetter). Earl, _op. cit._
-p. 81 (Papuans of Dorey). New, _Life, Wanderings, and Labours in
-Eastern Africa_, p. 128 (Wanika). Chanler, _Through Jungle and
-Desert_, p. 404 (Eastern Africans). Baumann, _Usambara_, p. 141
-(Wabondei). Felkin, in _Proceed. Roy. Soc. Edinburgh_, xiii. 746;
-Baskerville, in Steinmetz, _Rechtsverhältnisse_, p. 194 (Waganda).
-_Ibid._ p. 43 (Banaka and Bapuku). Mademba, _ibid._ p. 84 (natives of
-the Sansanding States). Nicole, _ibid._ p. 118 (Diakité-Sarracolese).
-Lang, _ibid._ p. 242 (Washambala). Desoignies, _ibid._ p. 278
-(Msalala). Kraft, _ibid._ p. 291 (Wapokomo). Reade, _Savage Africa_,
-p. 582. Rowley, _Africa Unveiled_, pp. 174, 176. Steinmetz,
-_Ethnologische Studien zur ersten Entwicklung der Strafe_, i. 313.
-Nieboer, _op. cit._ pp. 52, 78, 79, 81, 141-143, 305, 439, _sq._]
-
-[Footnote 37: Veniaminof, quoted by Petroff, _loc. cit._ p. 152.]
-
-[Footnote 38: Azara, _op. cit._ ii. 110.]
-
-[Footnote 39: Ellis, _E[(w]e-speaking Peoples of the Slave Coast_,
-p. 219. See also Wilson, _Western Africa_, pp. 179, 180, 271 _sq._]
-
-[Footnote 40: Ellis, _Tshi-speaking Peoples of the Gold Coast_, p. 290.]
-
-[Footnote 41: MacGregor, 'Lagos, Abeokuta, and the Alake,' in _Jour.
-African Soc._ 1904, p. 473.]
-
-[Footnote 42: Tellier, in Steinmetz, _Rechtsverhältnisse_, p. 169.]
-
-[Footnote 43: Macdonald, in _Jour. Anthr. Inst._ xxii. 102.]
-
-[Footnote 44: Dale, _ibid._ xxv. 230.]
-
-[Footnote 45: Sibree, _The Great African Island_, p. 181. See also
-Little, _Madagascar_, p. 77; Ellis, _History of Madagascar_, i. 196.]
-
-[Footnote 46: Boyle, _Adventures among the Dyaks of Borneo_, p. 284.]
-
-[Footnote 47: Low, _Sarawak_, p. 302. See also St. John, _Life in the
-Forests of the Far East_, i. 83; Bock, _Head-Hunters of Borneo_, p.
-210; Kükenthal, _Ergebnisse einer zoologischen Forschungsreise in den
-Molukken und Borneo_, i. 276 (Kyans); Crawford, _History of the Indian
-Archipelago_, i. 52; Raffles, _op. cit._ i. 352; Marsden, _History of
-Sumatra_, p. 253; Junghuhn, _op. cit._ ii. 150 (Bataks).]
-
-[Footnote 48: Lewin, _Hill Tracts of Chittagong_, p. 34.]
-
-[Footnote 49: Scott Robertson, _Káfirs of the Hindu-Kush_, p. 100 _sq._]
-
-It appears that intra-tribal slaves, especially such as are born in
-the house, are generally treated better than extra-tribal or purchased
-slaves,[50] and that slaves are most oppressed by their masters when
-they belong to a different race.[51] We are told that among the South
-American Guaycurus the two causes of slavery, captivity and birth,
-imply a certain difference of caste, which is maintained {681} with
-great rigour.[52] Mungo Park observes that in Africa the domestic
-slaves or such as are born in their master's house are treated more
-leniently than those who are purchased.[53] "I was told," he says,
-"that the Mandingo master can neither deprive his slave of life, nor
-sell him to a stranger, without first calling a palaver on his
-conduct, or, in other words, bringing him to a public trial; but this
-degree of protection is extended only to the native or domestic
-slave."[54] Tuckey makes exactly the same observation as regards the
-natives of Congo.[55] On the Gold Coast slaves are of three
-kinds--native-born, imported, and prisoners of war; and "a distinction
-is always made between the first and the two latter, who are treated
-with far less consideration."[56] Speaking of the Central African
-tribes generally, Mr. Rowley states that slavery assumes a much
-severer character among the pastoral than among the agricultural
-tribes, because the slaves of the former are for the most part
-captives of war, whereas those of the latter have rarely been acquired
-by conquest but mostly by inheritance. Among the agricultural tribes,
-he adds, persons who are in bondage are not called slaves but
-children, and those to whom they are in bondage are not called masters
-but fathers.[57] Among the Káfirs of the Hindu-Kush all slaves "are
-not of the same social position, for the house slave is said to be
-much higher in grade than the artisan slave. . . . The domestic slaves
-live with their masters."[58]
-
-[Footnote 50: Munzinger, _Ostafrikanische Studien_, p. 484 _sq._
-(Barea and Kunáma). New, _op. cit._ p. 56 (Waswahili). Baumann,
-_Usambara_, p. 61 (natives of the Tanga Coast). Sarbah, _op. cit._ p.
-6 _sq._ (Fantis). Nicole, in Steinmetz, _Rechtsverhältnisse_ p. 118
-_sq._ (Diakité-Sarracolese). Tellier, _ibid._ p. 169 (Kreis Kita).
-Beverley, _ibid._ p. 213 (Wagogo). Sibree, _op. cit._ p. 256 _sq._
-(natives of Madagascar). Post, _Afrikanische Jurisprudenz_, i. 88 _sq._]
-
-[Footnote 51: Mademba, in Steinmetz, _Rechtsverhältnisse_, p. 84
-(natives of the Sansanding States). Sibree, _op. cit._ p. 181 (natives
-of Madagascar).]
-
-[Footnote 52: von Spix and von Martius, _Travels in Brazil_, ii. 74.]
-
-[Footnote 53: Mungo Park, _op. cit._ p. 262.]
-
-[Footnote 54: _Ibid._ p. 19.]
-
-[Footnote 55: Tuckey, _op. cit._ p. 367.]
-
-[Footnote 56: Ellis, _Tshi-speaking Peoples_, p. 289.]
-
-[Footnote 57: Rowley, _Africa Unveiled_, p. 174 _sqq._]
-
-[Footnote 58: Scott Robertson, _op. cit._ p. 99 _sq._]
-
-Among the nations of archaic civilisation slavery presents essentially
-the same characteristics as among the lower races. In ancient Mexico
-there were various classes of slaves--prisoners of war, criminals
-condemned to lose their freedom, children sold by their parents, and
-persons who had sold themselves. The relations between master and
-slave are represented as friendly.[59] "Slavery {682} in Mexico." says
-Mr. Bancroft, "was, according to all accounts, a moderate subjection,
-consisting merely of an obligation to render personal service, nor
-could that be exacted without allowing the slave a certain amount of
-time to labour for his own advantage."[60] Masters could not sell
-their slaves without their consent, unless they were slaves with a
-collar, that is, runaway, rebellious, or vicious slaves, who in spite
-of two or three warnings did not mend their behaviour.[61] Their
-children were invariably born free;[62] and when their masters died
-they generally became free themselves.[63]
-
-[Footnote 59: Bancroft, _Native Races of the Pacific States_, ii. 217,
-221.]
-
-[Footnote 60: Bancroft, _Native Races of the Pacific States_, ii. 220
-_sq._]
-
-[Footnote 61: Clavigero, _History of Mexico_, i. 360.]
-
-[Footnote 62: Bancroft, _op. cit._ ii. 221.]
-
-[Footnote 63: Clavigero, _op. cit._ i. 360.]
-
-In China the slave class is composed of prisoners of war, of persons
-who sell themselves or are sold by others, and of the children of
-slaves;[64] and in former days public slavery was a punishment for
-crime.[65] It is true that the penal code forbids the sale of free
-persons; according to the letter of the text even the father of a
-family must not sell his children,[66] and persons who voluntarily
-submit themselves to be sold are punished by law.[67] But these
-regulations are frequently transgressed; in times of distress children
-are often sold by their parents, and the kidnapping of children is an
-even more common source from which the supply of slaves is kept
-up.[68] The master's power over his slave is not quite absolute,[69]
-but it seems to be fully as great as the father's power over his
-child.[70] A master who falsely accuses his slave suffers no
-punishment for it; on the other hand, a slave cannot complain in a
-court of justice of ill-treatment from his master.[71] Yet the
-condition of slaves in China is generally easy enough.[72] "In all
-Chinese families of 'the upper ten {683} thousand,' an intimacy exists
-between masters and men-servants on the one hand, and mistresses and
-female servants on the other. Servants not unfrequently make
-suggestions in reference to the well-being of the family, and in many
-instances, domestic matters of a grave nature are discussed before
-them."[73] In Chinese novels the servant is the confidant of his
-master, and harsh behaviour towards slaves is only attributed to
-vicious persons;[74] according to the Divine Panorama, he who beats or
-injures his slave without estimating the punishment by the fault is
-tormented in hell.[75] Many travellers have pointed out the difference
-between the comparatively happy condition of slaves in China and the
-degraded position of the former negro slaves in European colonies and
-the United States of America.[76] "In China," it is observed, "the
-identity of blood, colour, race, and habit between master and servant,
-operates as a restraint on the avarice, vices, and cruelty of the
-former, which would not be the case if they were of different races as
-in America."[77]
-
-[Footnote 64: Biot, 'Mémoire sur la condition des esclaves et des
-serviteurs gagés en Chine,' in _Journal Asiatique_, ser. iii. vol.
-iii. 257 _sqq._]
-
-[Footnote 65: _Ibid._ p. 249 _sqq._]
-
-[Footnote 66: _Supra_, p. 607.]
-
-[Footnote 67: _Ta Tsing Leu Lee_, sec. cclxxv. p. 201.]
-
-[Footnote 68: Biot, _loc. cit._ p. 260. Giles, _Strange Stories from a
-Chinese Studio_, p. 211, n. 8. Gray, _China_, i. 241, 242, 246.]
-
-[Footnote 69: _Supra_, p. 424.]
-
-[Footnote 70: Gray, _op. cit._ i. 243 _sqq._]
-
-[Footnote 71: Biot, _op. cit._ p. 292. _Ta Tsing Leu Lee_, sec.
-cccxxxvii. p. 373.]
-
-[Footnote 72: Biot, _loc. cit._ p. 296 _sq._ Giles, _op. cit._ i. 211
-_sq._ n. 8. Gray, _op. cit._ i. 245. Wells Williams, _The Middle
-Kingdom_, i. 413. Douglas, _Society in China_, p. 349.]
-
-[Footnote 73: Gray, _op. cit._ i. 247.]
-
-[Footnote 74: Biot, _loc. cit._ p. 296.]
-
-[Footnote 75: Giles, _op. cit._ ii. 377.]
-
-[Footnote 76: Biot, _loc. cit._ p. 297 _sq._]
-
-[Footnote 77: _Chinese Repository_, xviii. 362.]
-
-It has been suggested that in ancient Egypt the aboriginal inhabitants
-of the country were made slaves by the conquering race. "Si nous
-consultons les monuments," says M. Amélineau, "nous remarquons dans
-les peintures qui ornent les parois des tombeaux de Saqqarah une
-certaine race d'hommes sur laquelle Mariette avait déjà appelé
-l'attention. . . . Je crois que ce sont là des esclaves, vieux restes
-des populations primitives soumises par les conquérants nouvellement
-arrivés dans la vallée du Nil, descendants des premières tribus
-humaines qui s'étaient installées en Égypt."[78] During the eighteenth
-and nineteenth dynasties, which form the chief period of Egypt's
-foreign conquests, mention is frequently made of the employment of
-prisoners of war as slaves. Every Pharao of these dynasties recounts
-how he filled the god Amon's storehouses with male and female slaves
-from his {684} spoil. These slaves are occasionally represented in
-tombs; thus in the tomb of Rekhmere some slaves who are making bricks
-and building a wall are designated as "the spoil which his Majesty
-brought for the construction of the temple of Amon."[79] M. Amélineau
-believes that slavery was in Egypt milder than in Greece and Rome.[80]
-According to the Book of the Dead, the pity of the god extends to
-slaves; not only does he command that no one should ill-treat them
-himself, but he forbids that their masters should be led to ill-treat
-them.[81]
-
-[Footnote 78: Amélineau, _Essai sur l'évolution des idées morales dans
-l'Égypt Ancienne_, p. 78.]
-
-[Footnote 79: For these statements I am indebted to my friend Dr. Alan
-Gardiner.]
-
-[Footnote 80: Amélineau, _op. cit._ p. 349.]
-
-[Footnote 81: _Book of the Dead_, ch. 125. _Cf._ Maspero, _Dawn of
-Civilization_, p. 191.]
-
-In ancient Chaldæa, beneath the free Semite and Sumerian population,
-there was a class of slaves largely consisting of captives from
-foreign races and their descendants, but continually reinforced by
-individuals of the native race such as foundlings, women sold by their
-husbands, children sold by their fathers, and probably debtors whom
-their creditors had deprived of their liberty.[82] Their position was
-evidently not one of excessive hardship.[83] As a rule, they were
-permitted to marry and bring up a family; and it seems that masters,
-when selling their slaves, as much as possible avoided separating
-parents and children.[84] The master often apprenticed the children of
-his slaves, and as soon as they knew a trade he set them up in
-business in his own name, allowing them a share in the profits.[85] A
-slave could hire himself out for wages, and could himself acquire
-slaves to work for him.[86] He was even entitled to purchase his
-freedom.[87] "La loi babylonienne," says M. Oppert, "lassait aux
-esclaves sur quelques points {685} plus de prérogatives que le Code
-français n'en accorde à nos épouses."[88]
-
-[Footnote 82: Meissner, _Beiträge zur altbabylonischen Privatrecht_,
-p. 6. Oppert, 'La condition des esclaves à Babylone,' in _Académie des
-Inscriptions et Belles-Lettres--Comptes rendus des séances de l'année_
-1888, ser. iv. vol. xvi. 122. Maspero, _op. cit._ p. 743.]
-
-[Footnote 83: Meissner, _op. cit._ p. 7. Oppert, _loc. cit._ p. 121
-_sqq._]
-
-[Footnote 84: Oppert, _loc. cit._ p. 125 _sqq._]
-
-[Footnote 85: Kohler and Peiser, _Aus dem babylonischen Rechtsleben_,
-ii, 52 _sqq._]
-
-[Footnote 86: Oppert, _loc. cit._ pp. 122, 128.]
-
-[Footnote 87: Meissner, _op. cit._ p. 7. Oppert, _loc. cit._ p. 122.
-Oppert and Ménant, _Documents juridiques de l'Assyrie et de la
-Chaldée_, p. 14.]
-
-[Footnote 88: Oppert, _loc. cit._ p. 121.]
-
-Among the Hebrews the slave class consisted of captives taken in
-war;[89] of persons bought with money from neighbouring nations or
-from foreign residents in the land;[90] of children of slaves born in
-the house;[91] of native Hebrews who had been sold by their
-fathers,[92] or who either alone or with their wives and children had
-fallen into slavery in consequence of poverty,[93] or who had been
-sold by the authorities as slaves on account of theft when unable to
-pay compensation for the stolen property.[94] To deprive an Israelite
-of his freedom for any other reason, to steal him, use him as a slave,
-or sell him, was a crime punishable with death.[95] And even the
-Israelite who lost his liberty because he had become poor on account
-of poverty was not to be treated in the same way as the slave of
-foreign origin. He could not be compelled to serve as a bondservant,
-only as a hired servant.[96] He should not be ruled over with
-rigour.[97] He might not only be redeemed at any time by his
-relatives, but if not redeemed he was bound to receive his freedom
-without payment in the seventh year, and then the master should not
-let him go away empty, but furnish him liberally out of his flock, his
-floor, and his wine-press.[98] Slaves of foreign extraction, on the
-other hand, were not to be emancipated, but should remain slaves for
-ever, descending to children and children's children.[99] But in no
-case had the master absolute power over his slave. Whether the latter
-was an Israelite or a foreigner, his life, and to some extent his
-body, were protected by law;[100] and if a slave escaped from a hard
-master, he {686} should not be given up, but be allowed to live
-unmolested in the place which he should choose in one of the cities of
-Israel.[101] From everything that we read about slaves among the
-Hebrews it appears that they were regarded as inferior members of the
-family, and that the house-father cared for their well-being hardly
-less than for that of his own children.[102] In the Talmud masters are
-repeatedly admonished to treat their slaves with kindness;[103]
-traffic in human beings is regarded as an occupation which
-incapacitates the dealer to sit as judge;[104] and emancipation of
-slaves is practically encouraged in various ways,[105] in spite of the
-dictum of certain rabbis that he who emancipates his slave
-transgresses the positive precept of Leviticus xxv. 46, "They shall be
-your bondmen for ever."[106]
-
-[Footnote 89: _Deuteronomy_, xx. 14.]
-
-[Footnote 90: _Leviticus_, xxv. 44 _sqq._]
-
-[Footnote 91: _Genesis_, xiv. 14.]
-
-[Footnote 92: _Exodus_, xxi. 7.]
-
-[Footnote 93: _Ibid._ xxi. 2 _sq._ _Leviticus_, xxv. 39, 47.]
-
-[Footnote 94: _Exodus_, xxii. 3.]
-
-[Footnote 95: _Ibid._ xxi. 16. _Deuteronomy_, xxiv. 7.]
-
-[Footnote 96: _Leviticus_, xxv. 39, 40, 53.]
-
-[Footnote 97: _Ibid._ xxv. 43, 46, 53.]
-
-[Footnote 98: _Exodus_, xxi. 2. _Leviticus_, xxv. 40, 41, 48 _sqq._
-_Deuteronomy_, xv. 12 _sqq._]
-
-[Footnote 99: _Leviticus_, xxv. 44 _sqq._]
-
-[Footnote 100: _Supra_, pp. 424, 516.]
-
-[Footnote 101: _Deuteronomy_, xxiii. 15 _sq._]
-
-[Footnote 102: See Mielziner, _Die Verhältnisse der Sklaven bei den
-alten Hebräern_, p. 61 _sqq._; André, _L'esclavage chez les anciens
-Hébreux_, p. 149 _sqq._; Benzinger, 'Slavery,' in Cheyne and Black,
-_Encyclopædia Biblica_, iv. 4657 _sq._]
-
-[Footnote 103: Katz, _Der wahre Talmudjude_, p. 59 _sqq._ See also
-_Ecclesiasticus_, xxxiii. 31:--"If thou have a servant, entreat him as
-a brother: for thou hast need of him as of thine own soul."]
-
-[Footnote 104: Benny, _Criminal Code of the Jews according to the
-Talmud Massecheth Synhedrin_, p. 36.]
-
-[Footnote 105: Winter, _Die Stellung der Sklaven bei den Juden_, p. 41.]
-
-[Footnote 106: _Berakhoth_, fol. 47 B, quoted by Hershon, _Treasures
-of the Talmud_, p. 81. _R. Samuel_, quoted by André, _op. cit._ p. 180
-_sq._]
-
-According to Islam, a Muhammedan who is born free can never become a
-slave. "The slave," says Mr. Lane, "is either a person taken captive
-in war or carried off by force from a foreign country, and being at
-the time of capture an infidel; or the offspring of a female slave by
-another slave, or by any man who is not her owner, or by her owner if
-he do not acknowledge himself to be the father."[107] The slave should
-be treated with kindness; the Prophet said, "A man who behaves ill to
-his slave will not enter into Paradise."[108] The master should give
-to his slaves of the food which he eats himself, and of the clothes
-with which he clothes himself.[109] He should not {687} order them to
-do anything beyond their power, and in the hot season, during the
-hottest hours of the day, he should let them rest.[110] He may marry
-them to whom he will, but he may not separate them when married.[111]
-He may, generally, give them away or sell them as he pleases, but he
-must not separate a mother from her child. The Prophet said, "Whoever
-is the cause of separation between mother and child, by selling or
-giving, God will separate him from his friends on the day of
-resurrection."[112] Nor is a master allowed to alienate a female slave
-who has borne to him a child which he recognises as his own; and at
-his death the mother is entitled to emancipation.[113] To liberate a
-slave is regarded as an act highly acceptable to God, and as an
-expiation for certain sins.[114] These rules, it should be added, are
-not only recognised in theory, but derive additional support from
-general usage. In the Muhammedan world the slave generally lives on
-easy terms with his master. He is often treated as a member of the
-family, and occasionally exercises much influence upon its
-affairs.[115] In certain countries at least, it is held disreputable
-or disgraceful for a person to sell his slave, except perhaps in case
-of absolute necessity or in consequence of intolerable behaviour on
-the part of the slave.[116] In Persia custom demands that on certain
-festive occasions, such as the birth of a child or a wedding, one
-{688} or several of the slaves of the family should be set free;[117]
-and both there and in other Muhammedan countries testamentary
-manumissions are of frequent occurrence.[118] In Morocco a slave is
-sometimes allowed a certain amount of liberty that he may earn enough
-to buy his freedom;[119] whilst among the Bedouins of the Arabian
-Desert described by Burckhardt, slaves are always emancipated after a
-certain lapse of time.[120] No stigma attaches to the emancipated
-slave. It has been truly said that in Islam slavery is regarded as an
-accident, not as a "constitution of nature,"[121] hence the freedman
-is socially on an equal footing with a free-born citizen. He may
-without discredit marry his former master's daughter, and become the
-head of the family. Emancipated slaves have repeatedly risen to the
-highest offices, they have ruled kingdoms and founded dynasties.[122]
-
-[Footnote 107: Lane, _Manners and Customs of the Modern Egyptians_,
-p. 116. _Cf._ Munzinger, _Ostafrikanische Studien_, p. 245 _sq._;
-Ameer Ali, _Life and Teachings of Mohammed_, p. 376 _sq._]
-
-[Footnote 108: Lane, _Arabian Society in the Middle Ages_, p. 255.
-Lane-Poole, _Speeches and Table-Talk of the Prophet Mohammad_, p. 163.]
-
-[Footnote 109: Lane, _Arabian Society_, p. 254. Lane-Poole,
-_Speeches_, p. 163.]
-
-[Footnote 110: Lane, _Arabian Society_, p. 254. Lane-Poole,
-_Speeches_, p. 163. Sachau, _Muhammedanisches Recht_, pp. 18, 102.]
-
-[Footnote 111: Lane, _Modern Egyptians_, p. 115.]
-
-[Footnote 112: _Ibid._ p. 115. Lane, _Arabian Society_, p. 255. Ameer
-All, _Life of Mohammed_, p. 374 _sq._]
-
-[Footnote 113: Lane, _Modern Egyptians_, p. 116.]
-
-[Footnote 114: _Koran_, xxiv. 33. Ameer Ali, _Life of Mohammed_, pp.
-373, 377. Beltrame, _Il Sènnaar e lo Sciangàllah_, i. 46. Lane,
-_Modern Egyptians_, p. 119.]
-
-[Footnote 115: Lane, _Arabian Society_, p. 253 _sqq._ Polak,
-_Persien_, i. 251, 255. Urquhart, _Spirit of the East_, ii. 403.
-Burton, _Pilgrimage to Al-Madinah & Mecca_, i. 61. Munzinger,
-_Ostafrikanische Studien_, p. 155. Beltrame, _Il Sènnaar_, i. 46
-_sqq._ Loir, 'L'esclavage en Tunisie,' in _Revue scientifique_, ser.
-iv. vol. xii. 592 _sq._ Villot, _M[oe]urs, coutumes et institutions
-des indigènes de l'Algérie_, p. 250. Meakin, _Moors_, p. 133.
-Chavanne, _Die Sahara_, p. 389 (Arabs of the Sahara). Pommerol, _Among
-the Women of the Sahara_, p. 161 _sqq._ Dyveyrier, _Exploration du
-Sahara_, p. 339. Hourst, _Sur le Niger et au pays des Touaregs_, p.
-206 (Touareg). Hanoteau and Letourneux, _La Kabylie_, ii. 143. Reade,
-_Savage Africa_, p. 582.]
-
-[Footnote 116: Polak, _Persien_, i. 250. Beltrame, _Il Sènnaar_, i.
-47, 248. Munzinger, _Ostafrikanische Studien_, p. 155.]
-
-[Footnote 117: Polak, _op. cit._ i. 250.]
-
-[Footnote 118: _Ibid._ i. 250. Meakin, _op. cit._ p. 139.]
-
-[Footnote 119: Meakin, _op. cit._ p. 139.]
-
-[Footnote 120: Burckhardt, _Notes on the Bedouins and Wahábys_,
-p. 202.]
-
-[Footnote 121: Ameer Ali, _Life of Mohammed_, p. 375.]
-
-[Footnote 122: _Ibid._ p. 375 _sq._ Bosworth Smith, _Mohammed and
-Mohammedanism_, pp. 206, 211 _sq._]
-
-According to the Laws of Manu, the mythical legislator of ancient
-India, there are slaves of seven kinds, namely, "he who is made a
-captive under a standard, he who serves for his daily food, he who is
-born in the house, he who is bought and he who is given, he who is
-inherited from ancestors, and he who is enslaved by way of
-punishment."[123] The last mentioned class consists of persons who
-have lost their freedom because they have been unable to pay a debt or
-a fine, or because they have left a religious order.[124] The slave is
-not necessarily a Sûdra, or member of the lowest of the four Indian
-castes, but Kshatriyas may become the slaves of Brâhmanas and Vaisyas
-of Brâhmanas and Kshatriyas.[125] On the other hand, the Sûdras as
-such were not slaves, though it was their duty to serve the other
-castes; they chose the persons to whom they would offer service, and
-claimed adequate compensation.[126] {689} The power which a
-house-holder in India possessed over his slaves is not exactly
-defined; but he is admonished not to have quarrels with them, and if
-offended by any of them, to bear it without resentment.[127] In
-Âpastamba's Aphorisms it is said that a person may at his pleasure
-stint himself, his wife, or his children, "but by no means a slave who
-does his work."[128] Elphinstone wrote in 1839 in his 'History of
-India':--"Domestic slaves are treated exactly like servants, except
-that they are more regarded as belonging to the family. I doubt if
-they are ever sold; and they attract little observation, as there is
-nothing apparent to distinguish them from freemen."[129] The
-priesthood of modern Buddhism teach that there are five ways in which
-a master ought to assist his slave:--"He must not appoint the work of
-children to men, or of men to children, but to each according to his
-strength; he must give each one his food and wages, according as they
-are required; when sick, he must free him from work, and provide him
-with proper medicine; when the master has any agreeable and savoury
-food, he must not consume the whole himself, but must impart a portion
-to others, even to his slaves; and if they work properly for a long
-period, or for a given period, they must be set free."[130]
-
-[Footnote 123: _Laws of Manu_, viii. 415.]
-
-[Footnote 124: Bühler, in his translation of the Laws of Manu, in
-_Sacred Books of the East_, xxv. 326, n. 415.]
-
-[Footnote 125: _Ibid._ p. 326, n. 415.]
-
-[Footnote 126: Ingram, _History of Slavery and Serfdom_, p. 272.]
-
-[Footnote 127: _Laws of Manu_, iv. 180, 185.]
-
-[Footnote 128: _Âpastamba_, ii. 4. 9. 11.]
-
-[Footnote 129: Elphinstone, _History of India_, p. 203.]
-
-[Footnote 130: Hardy, _Manual of Budhism_, p. 500.]
-
-In Greece, especially in earlier times, capture in war, piracy, and
-kidnapping were common causes of slavery,[131] and the condition was
-hereditary. Other legitimate sources were exposure of infants, except
-at Thebes,[132] and sale of children by their parents.[133] At Athens
-insolvent debtors became the slaves of their creditors up to the time
-of Solon;[134] and metics--that is, resident aliens--who did not
-discharge the obligations imposed on them by the State, {690} were
-sold as slaves, as were also foreigners who had fraudulently possessed
-themselves of the rights of citizens.[135] At least in a later age the
-majority of slaves seem to have been of barbarian origin;[136] indeed,
-after the Peloponnesian war the principle that captives taken in wars
-between Greek states should be ransomed and not enslaved was commonly
-recognised, though not always followed in practice.[137] As we have
-seen, the master had not the power of life and death over his
-slave.[138] At sanctuaries the latter found a refuge from cruel
-oppression.[139] If maltreated he could demand to be sold; and he
-could purchase his liberty with his _peculium_ by agreement with his
-master.[140] But by manumission he only entered into an intermediate
-condition between slavery and complete freedom; thus, at Athens the
-freedman was in relation to the State a metic and in relation to his
-master a client.[141] Domestic slaves often lived on terms of intimacy
-with their masters,[142] but as a class slaves were regarded with
-contempt even by men like Plato and Aristotle. The former, whilst
-warning his hearers against insolent and unjust behaviour towards
-slaves, observes that they should be treated with severity, not
-admonished as if they were freemen, but punished, and only addressed
-in words of command.[143] Aristotle compares the relation of the
-master to his slave with that of the soul to the body and of the
-craftsman to his tool, and adds that there can be friendship between
-them only in so far as the slave is regarded not as a slave but as a
-fellow human being.[144] But whilst the state of slavery always
-entailed disgrace, the question was raised whether the master's power
-over his slave was based on justice or {691} on force, and in Greece,
-for the first time, we meet with the opinion that the institution of
-slavery is contrary to Nature, and that it is the law which, unjustly,
-makes one man a slave and another free.[145] However, Aristotle was no
-doubt in general agreement with his age when he declared that the
-barbarians, on account of their inferiority, are intended by Nature to
-be the slaves of the Greeks.[146]
-
-[Footnote 131: Wallon, _Histoire de l'esclavage dans l'antiquité_, i.
-161 _sqq._ Richter, _Die Sklaverei im griechischen Altertume_, p. 39
-_sqq._]
-
-[Footnote 132: Aelian, _Historia varia_, ii. 7.]
-
-[Footnote 133: Wallon. _op. cit._ i. 159 _sq._]
-
-[Footnote 134: Plutarch, _Vita Solonis_, xiii. 4.]
-
-[Footnote 135: Wallon, _op. cit._ i. 160 _sq._ Richter, _op. cit._
-p. 46.]
-
-[Footnote 136: Hermann-Blümner, _Lehrbuch der griechischen
-Privatalterthümer_, p. 86. Richter, _op. cit._ p. 48.]
-
-[Footnote 137: Schmidt, _Ethik der alten Griechen_, ii. 204, 205, 283.
-Hermann-Blümner, _op. cit._ p. 86 _sq._]
-
-[Footnote 138: _Supra_, p. 425.]
-
-[Footnote 139: Wallon, _op. cit._ i. 310 _sq._ Schmidt, _op. cit._ ii.
-218 _sq._ Richter, _op. cit._ p. 140 _sq._]
-
-[Footnote 140: Ingram, _op. cit._ p. 27 _sq._ Wallon, _op. cit._ i. 335
-_sq._ Richter, _op. cit._ p. 151.]
-
-[Footnote 141: Richter, _op. cit._ p. 157. Wallon, _op. cit._ i. 346
-_sqq._]
-
-[Footnote 142: Schmidt, _op. cit._ ii. 212. Richter, _op. cit._ p. 151.]
-
-[Footnote 143: Plato, _Leges_, vi. 777 _sq._]
-
-[Footnote 144: Aristotle, _Ethica Nicomachea_, viii. 11. 6 _sq._
-_Idem_, _Politica_, i. 5, p. 1254.]
-
-[Footnote 145: _Idem_, _Politica_, i. 3, p. 1253 b.]
-
-[Footnote 146: _Ibid._ i. 2, 6, pp. 1252 b, 1255 a. See Euripides,
-_Iphigenia in Aulide_, 1400 _sq._]
-
-The Roman jurists held up slavery as a mitigation of the horrors of
-war: the capture and preservation of enemies, they said, was its sole
-and exclusive origin in the past.[147] But in Rome as elsewhere, when
-once established, it contained in itself the germ of extension; all
-the children of a female slave followed the condition of the mother,
-according to the principle applicable to the offspring of the lower
-animals--"Partus sequitur ventrem." And sooner or later, when these
-sources proved insufficient to maintain the supply, a regular commerce
-in slaves was established, which was based on the systematically
-prosecuted hunting of men in foreign lands.[148] To a much smaller
-extent the slave class was recruited by Roman citizens--by children
-sold by their fathers, by insolvent debtors, or by criminals condemned
-to servitude as a punishment for some heinous offence.[149] The idea
-of a Roman becoming the slave of a fellow-citizen was never quite
-agreeable to the Roman mind. According to an ancient law the debtor,
-after being made over to the creditor, should be sold abroad or _trans
-Tiberim_.[150] Subsequently, in 326 B.C., the creditor's lien was
-restricted to the goods of his debtor, if the latter was a Roman
-citizen;[151] and during the Pagan Empire the sale of freeborn {692}
-children by their fathers was prohibited.[152] The power, originally
-unlimited, which the master had over his slave was also, in the course
-of time, subjected to limitations. We have seen that since the days of
-Claudius and Antoninus Pius legal check was put on the master's right
-of killing his slave.[153] The Lex Petronia, A.D. 61, forbade masters
-to compel their slaves to fight with wild beasts.[154] In the time of
-Nero an official was appointed to hear complaints of the wrongs done
-by masters to their slaves.[155] Antoninus Pius directed that slaves
-treated with excessive cruelty, who had taken refuge at an altar or
-imperial image, should be sold; and this provision was extended to
-cases in which the master had employed a slave in a way degrading to
-him or beneath his character.[156] In public auctions of slaves regard
-was paid to the claims of relationship,[157] and in the interpretation
-of testaments it was assumed that members of the same family were not
-to be separated by the division of the succession.[158] In those days
-when Roman slavery had lost its original patriarchal and, to speak
-with Mommsen,[159] "in some measure innocent" character, when the
-victories of Rome and the increasing slave trade had introduced into
-the city innumerable slaves, when those simpler habits of life which
-in early times somewhat mitigated the rigour of the law had
-changed--the lot of the Roman slave was often extremely hard, and
-numerous acts of shocking cruelty were committed.[160] But we also
-hear, from the early days of the Empire, that masters who had been
-cruel to their slaves were pointed at with disgust in all parts of the
-city, and were hated and loathed.[161] And with a fervour which can
-hardly be surpassed Seneca and other Stoics argued that the slave is a
-being with human dignity and human rights, born of the same race as
-ourselves, living the same life, {693} and dying the same death--in
-short, that our slaves "are also men, and friends, and our
-fellow-servants."[162] Epictetus even went so far as to condemn
-altogether the keeping of slaves, a radicalism explicable from the
-history of his own life. "What you avoid suffering yourself," he says,
-"seek not to impose on others. You avoid slavery, for instance; take
-care not to enslave. For if you can bear to exact slavery from others,
-you appear to have been yourself a slave."[163] These teachings could
-not fail to influence both legislation and public sentiment. Imbued
-with the Stoic philosophy, the jurists of the classical period
-declared that all men are originally free by the law of Nature, and
-that slavery is only "an institution of the Law of Nations, by which
-one man is made the property of another, in opposition to natural
-right."[164]
-
-[Footnote 147: Hunter, _Exposition of Roman Law_, p. 160 _sq._
-_Institutiones_, i. 3. 3:--"Slaves are called _servi_, because
-generals are wont to sell their captives, and so to preserve
-(_servare_), and not to destroy them. They are also called _mancipia_,
-because they are taken from the enemy with the strong hand (_manu
-capiuntur_)."]
-
-[Footnote 148: Mommsen, _History of Rome_, iii. 305 _sq._ Wallon, _op.
-cit._ ii. 46 _sqq._ Ingram, _op. cit._ p. 38.]
-
-[Footnote 149: Wallon, _op. cit._ ii. 18 _sqq._ Ingram, _op. cit._ p.
-39. _Institutiones_, i. 12. 3.]
-
-[Footnote 150: Mackenzie, _Studies in Roman Law_, p. 94.]
-
-[Footnote 151: Livy, _Historiæ Romanæ_, viii. 28. Wallon, _op. cit._
-ii. 29, n. 1.]
-
-[Footnote 152: _Supra_, p. 615.]
-
-[Footnote 153: _Supra_, p. 425 _sq._]
-
-[Footnote 154: _Digesta_, xlviii. 8. 11. 2.]
-
-[Footnote 155: Seneca, _De beneficiis_, iii. 22. 3.]
-
-[Footnote 156: Wallon, _op. cit._ iii. 57 _sq._ Ingram, p. 63.]
-
-[Footnote 157: Hunter, _Exposition of Roman Law_, p. 159.]
-
-[Footnote 158: Wallon, _op. cit._ iii. 53.]
-
-[Footnote 159: Mommsen, _History of Rome_, iii. 305.]
-
-[Footnote 160: See Lecky, _History of Morals_, i. 302 _sq._]
-
-[Footnote 161: Seneca, _De clementia_, i. 18. 3.]
-
-[Footnote 162: _Idem_, _Epistolæ_, 47. _Idem_, _De beneficiis_, iii.
-28. Epictetus, _Dissertationes_, i. 13. See also the collection of
-statements referring to slavery made by Holland, _Reign of the
-Stoics_, p. 186 _sqq._]
-
-[Footnote 163: Epictetus, _Fragmenta_, 42.]
-
-[Footnote 164: _Institutiones_, i. 3. 2.]
-
-Considering that Christianity has commonly been represented as almost
-the sole cause of the mitigation and final abolishment of slavery in
-Europe, it deserves special notice that the chief improvement in the
-condition of slaves at Rome took place at so early a period that
-Christianity could have absolutely no share in it. Nay, for about two
-hundred years after it was made the official religion of the Empire
-there was an almost complete pause in the legislation on the
-subject.[165] Under Justinian certain reforms were introduced:
---enfranchisement was facilitated in various ways;[166] the rights of
-Roman citizens were granted to emancipated slaves, who had previously
-occupied an intermediate position between slavery and perfect
-freedom;[167] and though the law still refused to recognise the
-marriages of slaves, Justinian gave them a legal value after
-emancipation in establishing rights of succession.[168] But the inferior
-position of the slave was asserted as sternly as ever. He belonged to
-the {694} "corporeal" property of his master, he was reckoned among
-things which are tangible by their nature, like land, raiment, gold, and
-silver.[169] The constitution of Antoninus Pius restraining excessive
-severity on the part of masters was enforced, but the motive for this
-was not evangelic humanity.[170] It is said in the Institutes of
-Justinian, "This decision is a just one; for it greatly concerns the
-public weal, that no one be permitted to misuse even his own
-property."[171]
-
-[Footnote 165: _Cf._ Lecky, _History of European Morals_, ii. 64.]
-
-[Footnote 166: _Institutiones_, i. 5 _sqq._]
-
-[Footnote 167: _Ibid._ i. 5. 3; iii. 7. 4.]
-
-[Footnote 168: _Ibid._ iii. 7 pr.]
-
-[Footnote 169: _Institutiones_, ii. 2. 1.]
-
-[Footnote 170: _Cf._ Milman, _History of Latin Christianity_, ii. 14.]
-
-[Footnote 171: _Institutiones_, i. 8. 2.]
-
-It is curious to note that the inconsistency of slavery with the
-tenet, "Do to others as you would be done by," though emphasised by a
-pagan philosopher, never seems to have occurred to any of the early
-Christian writers. Christianity recognised slavery from the beginning.
-The principle that all men are spiritually equal in Christ does not
-imply that they should be socially equal in the world. Slavery does
-not prevent anybody from performing the duties incumbent on a
-Christian, it does not bar the way to heaven, it is an external affair
-only, nothing but a name. He only is really a slave who commits
-sin.[172] Slavery is of course a burden, but a burden which has been
-laid upon the back of transgression. Man when created by God was free,
-and nobody was the slave of another until that just man Noah cursed
-Ham, his offending son; slavery, then, is a punishment sent by Him who
-best knows how to proportionate punishment to offence.[173] The slave
-himself ought not to desire to become free,[174] nay, if the master
-offers him freedom he ought not to accept it.[175] Not one of the
-Fathers even {695} hints that slavery is unlawful or improper.[176] In
-the early age martyrs possessed slaves, and so did abbots, bishops,
-popes, monasteries, and churches;[177] Jews and pagans only were
-prohibited from acquiring Christian slaves.[178] So little was the
-abolition of slavery thought of that a Council at Orleans, in the
-middle of the sixth century, expressly decreed the perpetuity of
-servitude among the descendants of slaves.[179] On the other hand, the
-Church showed a zeal to prevent accessions to slavery from capture,
-but her exertions were restricted to Christian prisoners of war.[180]
-As late as the nineteenth century the right of enslaving captives was
-defended by Bishop Bouvier.[181]
-
-[Footnote 172: Gregory Nazianzen, _Orationes_, xiv. 25 (Migne,
-_Patrologiæ cursus_, Ser. Graeca, xxxv. 891 _sq._). _Idem_, _Carmina_,
-i. 2. 26. 29 (_ibid._ xxxvii. 853); i. 2. 33. 133 _sqq._ (_ibid._
-xxxvii. 937 _sq._). St. Chrysostom, _In cap. IX. Genes. Homilia XXIX._
-7 (_ibid._ liii. 270). _Idem_, _In Epist. I. ad Cor. Homilia XIX._ 5
-(_ibid._ lxi. 158). St. Ambrose, _In Epistolam ad Colossenses_, 3
-(Migne, _op. cit._ Ser. Lat. xvii. 439).]
-
-[Footnote 173: St. Augustine, _De civitate Dei_, xix. 15 (Migne, _op.
-cit._ xli. 643 _sq._).]
-
-[Footnote 174: St. Ignatius, _Epistola ad Polycarpum_, 4 (Migne, _op.
-cit._ Ser. Graeca, v. 723 _sq._). St. Augustine, _Ennaratio in Psalmum
-CXXIV._ 7 (Migne, _op. cit._ xxxvii. 1653).]
-
-[Footnote 175: Laurent, _Études sur l'histoire de l'humanité_, iv. 117.]
-
-[Footnote 176: _Cf._ Babington, _Influence of Christianity in
-Promoting the Abolition of Slavery in Europe_, p. 29.]
-
-[Footnote 177: _Ibid._ p. 22. Potgiesser, _Commentarii juris Germanici
-de statu servorum_, i. 4. 8, p. 176. Muratori, _Dissertazioni sopra le
-antichità italiane_, i. 244.]
-
-[Footnote 178: _Concilium Toletanum IV._ A.D. 633, can. 66
-(Labbe-Mansi, _Sacrorum Conciliorum collectio_, x. 635). Blakey,
-_Temporal Benefits of Christianity_, p. 397. Digby, _Mores Catholici_,
-ii. 341. Cibrano, _Della schiavitù e del servaggio_, i. 272. Rivière,
-_L'Église et l'esclavage_, p. 350.]
-
-[Footnote 179: _Concilium Aurelianense IV._ about A.D. 545, can. 32
-(Labbe-Mansi, _op. cit._ ix. 118 _sq._).]
-
-[Footnote 180: _Concilium Rhemense_, about A.D. 630, can. 22
-(Labbe-Mansi, _op. cit._ x. 597). Gratian, _Decretum_, ii. 12. 2. 13
-_sqq._ Baronius, _Annales Ecclesiastici_, A.D. 1263, ch. 74 vol. xxii.
-124. Le Blant, _Inscriptions chrétiennes de la Gaule_, ii. 284 _sqq._
-Babington, _op. cit._ pp. 51 _sqq._, 94 _sq._ Nys, _Le droit de la
-guerre et les précurseurs de Grotius_, p. 114.]
-
-[Footnote 181: Bouvier, _Institutiones philosophicæ_, p. 566.]
-
-The Apostles reminded slaves of their duties towards their masters and
-masters of their duties towards their slaves.[182] The same was done
-by Councils and Popes. The Council of Gangra, about the year 324,
-pronounced its anathema on anyone who should teach a slave to despise
-his master on pretence of religion;[183] and so much importance was
-attached to this decree that it was inserted in the epitome of canons
-which Hadrian I. in 773 presented to Charlemagne in Rome.[184] But
-there are also many instances in which masters are recommended to show
-humanity to their slaves.[185] According to Gregory IX. {696} "the
-slaves who were washed in the fountain of holy baptism should be more
-liberally treated in consideration of their having received so great a
-benefit."[186] Slaves who had taken refuge from their masters in
-churches or monasteries were not to be given up until the master had
-sworn not to punish the fugitive;[187] or they were never given up,
-but became slaves to the sanctuary.[188] The Church, as we have seen,
-protected the life of the slave by excommunicating for a couple of
-years masters who killed their slaves.[189] She prohibited the sale of
-Christian slaves to Jews and heathen nations.[190] The Council of
-Chalons, in the middle of the seventh century, ordered that no
-Christians should be sold outside the kingdom of Clovis, so that they
-might not get into captivity or become the slaves of Jewish
-masters;[191] and some Anglo-Saxon laws similarly forbade the sale of
-Christians out of the country, and especially into bondage to heathen,
-"that those souls perish not that Christ bought with his own
-life."[192] The clergy sometimes remonstrated against slave markets;
-but their indignation never reached the trade in heathen slaves,[193]
-nor was the master's right of selling any of his slaves whenever he
-pleased called in question at all. The assertion made by many writers
-that the Church exercised an extremely favourable influence upon
-slavery[194] surely involves a great exaggeration. As late as the
-thirteenth century the master practically had the power of life and
-death over his slave.[195] Throughout Christendom the purchase and
-{697} the sale of men, as property transferred from vendor to buyer,
-was recognised as a legal transaction of the same validity with the
-sale of other merchandise, land or cattle.[196] Slaves had a title to
-nothing but subsistence and clothes from their masters, all the
-profits of their labour accruing to the latter; and if a master from
-indulgence gave his slaves any _peculium_, or fixed allowance for
-their subsistence, they had no right of property in what they saved
-out of that, but all that they accumulated belonged to their
-master.[197] A slave or a freedman was not allowed to bring a criminal
-charge against a free person, except in the case of a _crimen læsæ
-majestatis_,[198] and slaves were incapable of being received as
-witnesses against freemen.[199] The old distinction between the
-marriage of the freeman and the concubinage of the slave was long
-recognised by the Church: slaves could not marry, but had only a right
-of _contubernium_, and their unions did not receive the nuptial
-benediction of a priest.[200] Subsequently, when conjunction between
-slaves came to be considered a lawful marriage, they were not
-permitted to marry without the consent of their master, and such as
-transgressed this rule were punished very severely, sometimes even
-with death.[201]
-
-[Footnote 182: _Ephesians_, vi. 5 _sqq._ _Colossians_, iii. 22 _sqq._;
-iv. 1.]
-
-[Footnote 183: _Concilium Gangrense_, about A.D. 324, can. 3
-(Labbe-Mansi, _op. cit._ ii. 1102, 1106, 1110).]
-
-[Footnote 184: 'Epitome canonum, quam Hadrianus I. Carolo magno
-obtulit, A.D. DCCLXXIII.' in Labbe-Mansi, _op. cit._ xii. 863.]
-
-[Footnote 185: Babington, _op. cit._ p. 58 _sqq._]
-
-[Footnote 186: Baronius, _Annales Ecclesiastici_, A.D. 1238, ch. 62,
-vol. xxi. 204.]
-
-[Footnote 187: Milman, _op. cit._ ii. 51. Rivière, _op. cit._ p. 306.
-Du Boys, _Histoire du droit criminel des peuples modernes_, ii. 246,
-n. 1.]
-
-[Footnote 188: 'Concilium Kingesburiense sub Bertulpho,' in Wilkins,
-_Concilia Magnæ Britanniæ et Hiberniæ_, i. 181.]
-
-[Footnote 189: _Supra_, p. 426.]
-
-[Footnote 190: _Concilium Rhemense_, about A.D. 630, can. 11
-(Labbe-Mansi, _op. cit._ x. 596). _Concilium Liptinense_, A.D. 743,
-can. 3 (_ibid._ xii. 371). Hefele, _Beiträge zur Kirchengeschichte_,
-i. 218. _Idem_, _History of the Councils of the Church_, v. 211.]
-
-[Footnote 191: _Concilium Cabilonense_, about A.D. 650, can. 9
-(Labbe-Mansi, _op. cit._ x. 1191).]
-
-[Footnote 192: _Laws of Ethelred_, v. 2; vi. 9. _Laws of Cnut_, ii. 3.]
-
-[Footnote 193: Hüllmann, _Stædtewesen des Mittelalters_, i. 80 _sq._
-Loring Brace, _Gesta Christi_, p. 229. Rivière, _op. cit._ p. 325.]
-
-[Footnote 194: Yanoski, _De l'abolition de l'esclavage ancien au moyen
-age_, p. 74 _sq._ Allard, _Les esclaves chrétiens depuis les premiers
-temps de l'Église_, p. 487; &c.]
-
-[Footnote 195: _Supra_, p. 427 _sq._]
-
-[Footnote 196: Potgiesser, _op. cit._ ii. 4. 5, p. 429. Milman, _op.
-cit._ ii. 16.]
-
-[Footnote 197: Potgiesser, _op. cit._ ii. 10, p. 528 _sqq._ Du Cange,
-_Glossarium ad scriptores mediæ et infimæ Latinitatis_, vi. 451.
-Robertson, _History of the Reign of the Emperor Charles V._ i. 274.]
-
-[Footnote 198: Potgiesser, _op. cit._ iii. 3. 2, p. 612.]
-
-[Footnote 199: Beaumanoir, _Coutumes du Beauvoisis_, xxxix. 32, vol.
-ii, 103. Du Cange, _op. cit._ vi. 452. Potgiesser, _op. cit._ iii. 3.
-1, p. 611.]
-
-[Footnote 200: Potgiesser, _op. cit._ ii. 2. 10 _sq._, p. 354 _sq._]
-
-[Footnote 201: _Ibid._ ii. 2. 12, p. 355 _sq._]
-
-The gradual disappearance of slavery in Europe during the latter part
-of the Middle Ages has also commonly been in the main attributed to
-the influence of the Church.[202] But this opinion is hardly supported
-by facts. It is true that the Church in some degree encouraged the
-manumission of slaves. Though slavery was considered a {698} perfectly
-lawful institution, the enfranchisement of a fellow-Christian was
-deemed a meritorious act, and was sometimes strongly recommended on
-Christian principles. At the close of the sixth century it was
-affirmed that, as Christ had come to break the chain of our servitude
-and restore our primitive liberty, so it was well for us to imitate
-Him by making free those whom the law of nations had reduced to
-slavery;[203] and the same doctrine was again proclaimed at various
-times down to the sixteenth century.[204] In the Carlovingian period
-the abbot Smaragdus expressed the opinion that among other good and
-salutary works each one ought to let slaves go free, considering that
-not nature but sin had subjected them to their masters.[205] In the
-latter part of the twelfth century the prelates of France, and in
-particular the Archbishop of Sens, pretended that it was an obligation
-of conscience to accord liberty to all Christians, relying on a decree
-of a Council held at Rome by Pope Alexander III.[206] And in one of
-the later compilations of German mediæval law it was said that the
-Lord Jesus, by his injunction to render unto Cæsar the things which
-are Cæsar's and unto God the things that are God's, indicated that no
-man is the property of another, but that every man belongs to
-God.[207] Slaves were liberated "for God's love," or "for the remedy"
-or "ransom of the soul."[208] In the formularies of manumission given
-by the monk Marculfus in the seventh century we read, for
-instance:--"He that releases his slave who is bound to him, may trust
-that God will recompense him in the next world";[209] "For the
-remission of my sins, I absolve thee";[210] "For the glory {699} of
-God's name and for my eternal retribution," &c.[211] Too much
-importance, however, has often been attached to these phrases; the
-most trivial occurrences, such as giving a book to a monastery, are
-commonly accompanied by similar expressions,[212] and it appears from
-certain formulas that slaves were not only liberated, but also bought
-and sold, "in the name of God."[213] Nor can we suppose that it was
-from religious motives only that manumissions were encouraged by the
-clergy. It has been pointed out that, "as dying persons were
-frequently inclined to make considerable donations for pious uses, it
-was more immediately for the interest of churchmen, that people of
-inferior condition should be rendered capable of acquiring property,
-and should have the free disposal of what they had acquired." It also
-seems that those who obtained their liberty by the influence of the
-clergy had to reward their benefactors, and that the manumission
-should for this reason be confirmed by the Church.[214] And whilst the
-Church favoured liberation of the slaves of laymen, she took care to
-prevent liberation of her own slaves; like a physician she did not
-herself swallow the medicine which she prescribed to others. She
-allowed alienation of such slaves only as showed a disposition to run
-away.[215] The Council of Agatho, in 506, considered it unfair to
-enfranchise the slaves of monasteries, seeing that the monks
-themselves were daily compelled to labour;[216] and, as a matter of
-fact, the slaves of monasteries were everywhere among the last who
-were manumitted.[217] In the seventh century a Council at Toledo
-threatened with damnation any bishop who should liberate a slave
-belonging to the Church, without giving {700} due compensation from
-his own property, as it was thought impious to inflict a loss on the
-Church of Christ;[218] and according to several ecclesiastical
-regulations no bishop or priest was allowed to manumit a slave in the
-patrimony of the Church unless he put in his place two slaves of equal
-value.[219] Nay, the Church was anxious not only to prevent a
-reduction of her slaves, but to increase their number. She zealously
-encouraged people to give up themselves and their posterity to be the
-slaves of churches and monasteries, to enslave their bodies--as some
-of the charters put it--in order to procure the liberty of their
-souls.[220] And in the middle of the seventh century a Council decreed
-that the children of incontinent priests should become the slaves of
-the churches where their fathers officiated.[221]
-
-[Footnote 202: Clarkson, _Essay on Slavery_, p. 19, _sq._ Biot, _De
-l'abolition de l'esclavage ancien en Occident_, p. xi. Thérou, _Le
-Christianisme et l'esclavage_, p. 147. Martin, _Histoire de France
-jusqu'en_ 1789, iii. 11, n. 2. Balmes, _El Protestantismo comparado
-con el Catolicismo_, i. 285. Blakey, _op. cit._ p. 170. Yanoski, _op.
-cit._ p. 75. Cochin, _L'abolition de l'esclavage_, ii. 349, 458.
-Littré, _Études sur les Barbares et le Moyen Age_, p. 230 _sq._
-Allard, _op. cit._ p. 490. Tedeschi, _La schiavitù_, p. 68. Lecky,
-_History of Rationalism in Europe_, ii. 216, 236 _sqq._ Maine,
-_International Law_, p. 160. Kidd, _Social Evolution_, p. 168.]
-
-[Footnote 203: St. Gregory the Great, _Epistolæ_, vi. 12 (Migne,
-_Patrologiæ cursus_, lxxvii. 803 _sq._). Gratian, _op. cit._ ii. 12.
-2. 68. Potgiesser, _op. cit._ iv. 1. 3, p. 666 _sq._]
-
-[Footnote 204: Babington, _op. cit._ p. 180.]
-
-[Footnote 205: Smaragdus, _Via Regia_, 30 (d'Achery, _Spicilegium_,
-i. 253).]
-
-[Footnote 206: de Boulainvilliers, _Histoire de l'ancien gouvernement
-de la France_, i. 312.]
-
-[Footnote 207: _Speculum Saxonum_, iii. 42 (Goldast, _Collectio
-consuetudinum et legum imperialium_, p. 158).]
-
-[Footnote 208: Du Cange, _op. cit._ iv. 460 _sqq._ Potgiesser, _op.
-cit._ iv. 12. 5, p. 751 _sqq._ Muratori, _op. cit._ i. 249. Robertson,
-_op. cit._ i. 323. Milman, _op. cit._ ii. 51 _sq._]
-
-[Footnote 209: Marculfus, _Formulæ_, ii. 32 (Migne, _op. cit._
-lxxxvii. 747).]
-
-[Footnote 210: _Ibid._ ii. 33 (Migne, _op. cit._ lxxxvii. 748).]
-
-[Footnote 211: Marculfus, _Formulæ_, ii. 34 (Migne, _op. cit._
-lxxxvii. 748).]
-
-[Footnote 212: Babington, _op. cit._ p. 61, n. 6.]
-
-[Footnote 213: _Formulæ Bignonianæ_, 2, 'Venditio de servo' (Baluze,
-_Capitularia regum Francorum_, ii. 497):--"Domino magnifico fratri
-illi emptori, ego in Dei nomine ille venditor."]
-
-[Footnote 214: Millar, _Origin of the Distinction of Ranks_, p. 274
-_sq._]
-
-[Footnote 215: Gratian, _op. cit._ ii. 12. 2. 54.]
-
-[Footnote 216: _Concilium Agathense_, A.D. 506, can. 56 (Labbe-Mansi,
-_op. cit._ viii. 334).]
-
-[Footnote 217: Hallam, _View of the State of Europe during the Middle
-Ages_ (ed. 1837), i. 221.]
-
-[Footnote 218: _Concilium Toletanum IV._ A.D. 633, can. 67
-(Labbe-Mansi, _op. cit._ x. 635).]
-
-[Footnote 219: Gratian, _op. cit._ ii. 12. 2. 58. Potgiesser, _op.
-cit._ iv. 2. 4, p. 673.]
-
-[Footnote 220: Du Cange, _op. cit._ iv. 1286. Potgiesser, _op. cit._
-i. 1. 6 _sq._, p. 5 _sqq._ Muratori, _op. cit._ i. 234 _sqq._
-Robertson, _op. cit._ i. 326.]
-
-[Footnote 221: _Concilium Toletanum IX._ A.D. 655, can. 10
-(Labbe-Mansi, _op. cit._ xi. 29).]
-
-The disappearance of mediæval slavery has further, to some extent,
-been attributed to the efforts of kings to weaken the power of the
-nobles.[222] Thus Louis X. and Philip the Long of France issued
-ordinances declaring that, as all men were by nature free, and as
-their kingdom was called the kingdom of the Franks, they would have
-the fact to correspond with the name, and emancipated all persons in
-the royal domains upon paying a just compensation, as an example for
-other lords to follow.[223] Muratori believes that in Italy the wars
-during the twelfth and following centuries contributed more than
-anything else to the decline of slavery, as there was a need of
-soldiers and soldiers must be freemen.[224] According to others the
-disappearance of slavery was largely effected by the great famines and
-epidemics with which Europe was visited during the tenth, eleventh,
-and twelfth {701} centuries.[225] The number of slaves was also
-considerably reduced by the ancient usage of enslaving prisoners of
-war being replaced by the more humane practice of accepting ransom for
-them, which became the general rule in the later part of the Middle
-Ages, at least in the case of Christian captives.[226] But it seems
-that the chief cause of the extinction of slavery in Europe was its
-transformation into serfdom.
-
-[Footnote 222: Robertson, _op. cit._ i. 47 _sq._ Millar, _op. cit._
-p. 276 _sqq._]
-
-[Footnote 223: Decrusy, Isambert, and Jourdan, _Recueil général des
-anciennes lois françaises_, iii. 102 _sqq._]
-
-[Footnote 224: Muratori, _op. cit._ i. 234 _sq._ _Idem_, _Rerum
-Italicarum scriptores_, xviii. 268, 292.]
-
-[Footnote 225: Biot, _op. cit._ p. 318 _sqq._ Saco, _Historia de la
-esclavitud_, iii. 241 _sqq._]
-
-[Footnote 226: Ward, _Enquiry into the Foundation and History of the
-Law of Nations in Europe_, i. 298 _sq._ Babington, _op. cit._ p. 147.
-Ayala, _De jure et officiis bellicis_, i. 5. 19. In the sixteenth
-century the statutes of some Italian towns make mention of the sale of
-slaves, who probably were Turkish captives (Nys, _Le droit de la
-guerre et les précurseurs de Grotius_, p. 140).]
-
-This transformation has been traced to the diminished supply of
-slaves, which made it the interest of each family to preserve
-indefinitely its own hereditary slaves, and to keep up their number by
-the method of propagation. The existence and physical well-being of
-the slave became consequently an object of greater value to his
-master, and the latter found it most profitable to attach his slaves
-to certain pieces of land.[227] Moreover, the cultivation of the
-ground required that the slaves should have a fixed residence in
-different parts of the master's estate, and when a slave had thus been
-for a long time engaged in a particular farm, he was so much the
-better qualified to continue in the management of it for the future.
-By degrees he therefore came to be regarded as belonging to the stock
-upon the ground, and was disposed of as a part of the estate which he
-had been accustomed to cultivate.[228]
-
-[Footnote 227: Storch, _Cours d'économie politique_, iv. 260. Ingram,
-_op. cit._ p. 72.]
-
-[Footnote 228: Millar, _op. cit._ p. 263 _sqq._]
-
-But serfdom itself was merely a transitory condition destined to lead
-up to a state of entire liberty. As the proprietor of a large estate
-could not oversee the behaviour of his villeins, scattered over a wide
-area of land, the only means of exciting their industry would be to
-offer them a reward for the work which they performed. Thus, besides
-the ordinary maintenance allotted {702} to them, they frequently
-obtained a part of the profits, and became capable of having separate
-property.[229] In many cases this no doubt enabled the serf to
-purchase his liberty out of his earnings;[230] whilst in others the
-master would have an interest in allowing him to pay a fixed rent and
-to retain the surplus for himself. The landlord was then freed from
-the hazard of accidental losses, and obtained not only a certain, but
-frequently an additional, revenue from his land, owing to the greater
-exertions of cultivators who worked for their own benefit;[231] and at
-the same time the personal subjection of the peasants naturally came
-to an end, as it was of no consequence to the landlord how they
-conducted themselves provided that they punctually paid the rents. Nor
-was there any reason to insist that they should remain in the farm
-longer than they pleased; for the profits it afforded made them
-commonly not more willing to leave it than the proprietor was to put
-them away.[232] Another factor which led to the disappearance of
-serfdom was the encouragement which Sovereigns, always jealous of the
-great lords, gave to the villeins to encroach upon their
-authority.[233] We have convincing proof that in England, before the
-end of Edward III.'s reign, the villeins found themselves sufficiently
-powerful to protect one another, and to withhold their ancient and
-accustomed services from their lord.[234] In Germany, again, the
-landlords sometimes furnished their villeins with arms to defend the
-cause of their master, and this undoubtedly tended to their
-enfranchisement, as persons who are taught to use and allowed to
-possess weapons will soon make {703} themselves respected.[235] A
-great number of villeins also shook off the fetters of their servitude
-by fleeing for refuge to some chartered town,[236] where they became
-free at once,[237] or, more commonly, after a certain stipulated
-period--a year and a day,[238] or more;[239] and it seems, besides,
-that the rapid disappearance of serfdom in the prospering free towns
-indirectly, by way of example, promoted the enfranchisement of rural
-serfs.[240] There are, further, instances of lords liberating their
-villeins at the intercession of their spiritual confessors, the clergy
-availing themselves of every opportunity to lessen the formidable
-power of their great rivals, the temporal nobility.[241] But the
-influence which the Church exercised in favour of the enfranchisement
-of serfs was even less than her share in the abolition of slavery
-proper.[242] She represented serfdom as a divine institution,[243] as
-a school of humility, as a road to future glory.[244] She was herself
-the greatest {704} serf-holder;[245] and so strenuously did she
-persist in retaining her villeins, that after Voltaire had raised his
-powerful outcry in favour of liberty and Louis XVI. himself had been
-induced to abolish "the right of servitude" in consideration of "the
-love of humanity," the Church still refused to emancipate her
-serfs.[246] But whilst the cause of freedom owes little to the
-Christian Church, it owes so much the more to the feelings of humanity
-and justice in some of her opponents.
-
-[Footnote 229: Millar, _op. cit._ p. 264. Simonde de Sismondi,
-_Histoire des républiques italiennes du moyen âge_, xvi. 365 _sq._
-Guérard, _Cartulaire de l'Abbaye de Saint-Père de Chartres_, i. p.
-xli. Dunham, _History of the Germanic Empire_, i. 230.]
-
-[Footnote 230: See Vinogradoff, _Villainage in England_, p. 87;
-Pollock and Maitland, _History of English Law before the Time of
-Edward I._ i. 36, 427.]
-
-[Footnote 231: Adam Smith, _Wealth of Nations_, p. 173. Millar, _op.
-cit._ p. 267 _sqq._ Mill, _Principles of Political Economy_, i. 309,
-311. Dunham, _op. cit._ i. 228 _sq._ On the inefficiency of slave
-labour, see also Storch, _op. cit._ iv. 275 _sqq._]
-
-[Footnote 232: Millar, _op. cit._ p. 269 _sq._]
-
-[Footnote 233: Adam Smith, _Wealth of Nations_, p. 173.]
-
-[Footnote 234: Eden, _State of the Poor_, i. 30.]
-
-[Footnote 235: Dunham, _op. cit._ i. 229.]
-
-[Footnote 236: Guibertus de Novigento, 'De vita sua,' in Bouquet,
-_Rerum Gallicarum et Franciarum scriptores_, xii. 257. 'Fragmentum
-historicum vitam Ludovici VII. summatim complectens,' _ibid._ xii.
-286. Beaumanoir, _op. cit._ xlv. 36, vol. ii. 237. Eden, _op. cit._ i.
-30. Laurent, _op. cit._ vii. 531 _sq._ Saco, _op. cit._ iii. 252.]
-
-[Footnote 237: Laurent, _op. cit._ vii. 532.]
-
-[Footnote 238: Glanville, _Tractates de Legibus et Consuetudinibus
-Regni Angliæ_, v. 5. Bracton, _De Legibus et Consuetudinibus Angliæ_,
-fol. 198 b, vol. iii. 292 _sq._ Beaumanoir, _op. cit._ xlv. 36, vol.
-ii. 237. Pollock and Maitland, _op. cit._ i. 429, 648 _sq._ Grimm,
-_Deutsche Rechtsalterthümer_, p. 337 _sq._ Laurent, _op. cit._ vii.
-532.]
-
-[Footnote 239: Laurent, _op. cit._ vii. 532.]
-
-[Footnote 240: _Ibid._ vii. 533 _sq._]
-
-[Footnote 241: Thomas Smith, _Common-wealth of England_, p. 250. Eden,
-_op. cit._ i. 10. Sugenheim, _Geschichte der Aufhebung der
-Leibeigenschaft und Hörigkeit in Europa_, p. 109.]
-
-[Footnote 242: _Cf._ Rivière, _op. cit._ p. 511. Babington says (_op.
-cit._ p. 148 _sq._) that in the five-hundred pages of Wilkins'
-_Concilia_, which comprise the ecclesiastical documents of the British
-churches in the thirteenth century, we only find the following
-regulations concerning the unfree population:--that neither freemen
-nor villeins are to be impeded in making their wills when death
-approaches; that monks are not to alienate their less useful slaves
-(_famulos_); that Jews are not allowed to possess Christian
-slaves.--It was said that "he puts a disgrace on God who raises a
-villein above his station" (_ibid._ p. 150).]
-
-[Footnote 243: Adalbero, _Carmen ad Rotbertum regem Francorum_, 291,
-292, 297 _sqq._ (Bouquet, _op. cit._ x. 70):--"Thesaurus, vestis,
-cunctis sunt pascua servi. Nam valet ingenuus sine servis vivere
-nullus. . . . Triplex ergo Dei domus est, quæ creditur una. Nunc orant
-alii; pugnant; aliique laborant: Quæ tria sunt simul, et scissuram non
-patiuntur." St. Bonaventura, quoted by Laurent, _op. cit._ vii.
-522:--"Non solum secundum humanam institutionem, sed etiam secundum
-divinam dispensationem, inter Christianos sunt domini et servi."]
-
-[Footnote 244: Laurent, _op. cit._ vii. 523.]
-
-[Footnote 245: Laurent, _op. cit._ vii. 524.]
-
-[Footnote 246: Hettner, _Geschichte der französischen Literatur im
-achtzehnten Jahrhundert_, p. 169. Babington, _op. cit._ p. 108.
-Sugenheim, _op. cit._ p. 156 _sqq._ Laurent, _op. cit._ vii. 537
-_sq._]
-
-       *       *       *       *       *
-
-Not long after serfdom had begun to disappear in the most advanced
-communities of Christendom a new kind of slavery was established in
-the colonies of European states. It grew up under circumstances
-particularly favourable to the employment of slaves. Whether slave
-labour or free labour is more profitable to the employer depends on
-the wages of the free labourer, and these again depend on the numbers
-of the labouring population compared with the capital and the land. In
-the rich and underpeopled soil of the West Indies and in the Southern
-States of America the balance of the profits between free and slave
-labour was on the side of slavery. Hence slavery was introduced there,
-and flourished, and could be abolished only with the greatest
-difficulty.[247]
-
-[Footnote 247: Mill, _Principles of of Political Economy_, i. 311.]
-
-From a moral point of view negro slavery is interesting chiefly
-because it existed in the midst of a highly developed Christian
-civilisation, and nevertheless, at least in the British colonies and
-the United States, was the most brutal form of slavery ever known. It
-may be worth while to consider more closely some points of the
-legislation relating to it.
-
-In America, as elsewhere, the state of slavery was hereditary. The
-child of a female slave was itself a slave and belonged to the owner
-of its mother even if its father was a freeman, whereas the child of a
-free woman was {705} free even if its father was a slave.[248] When
-the slave-trade was prohibited, heredity remained the only legitimate
-source of slavery; but even then a freeborn negro was far from safe.
-In the British colonies and in all the Slave States except one, every
-negro was presumed to be a slave until he could prove the
-reverse.[249] A man who, within the limits of a slave-holding State,
-could exhibit a person of African extraction in his custody was
-exempted from all necessity of making proof how he had obtained him or
-by what authority he claimed him as a slave. Nay more, through the
-direct action of Congress it became law that persons known to be free
-should be sold as slaves in order to cover the costs of imprisonment
-which they had suffered on account of the false suspicion that they
-were runaway slaves. This law was repeatedly put into effect. "How
-many crowned despots," says Professor von Hoist, "can be mentioned in
-the history of the old world who have done things which compare in
-accursedness with this law to which the democratic republic gave
-birth?"[250]
-
-[Footnote 248: Stroud, _Laws relating to Slavery in the United States
-of America_, p. 16 _sqq._ Cobb, _Inquiry into the Law of Negro Slavery
-in the United States of America_, p. 68. Stephen, _Slavery of the
-British West India Colonies_, i. 122. _Code Noir_, Édit du mois de
-Mars 1685, art. 13, p. 35 _sq._; Édit donné au mois de Mars 1724, art.
-10, p. 288 _sq._ In Maryland, according to an early enactment, which
-obtained till the year 1699 or 1700, all the children born of a slave
-were slaves "as their fathers were" (Stroud, _op. cit._ p. 14 _sqq._).
-In Cuba the nobler parent determined the rank of the offspring
-(Newman, _Anglo-Saxon Abolition of Negro Slavery_, p. 17).]
-
-[Footnote 249: Stephen, _op. cit._ i. 369 _sq._ Stroud, _op. cit._ pp.
-125, 126, 130. Cobb, _op. cit._ p. 67. Wheeler, _Treatise on the Law
-of Slavery_, p. 5.]
-
-[Footnote 250: von Holst, _Constitutional and Political History of the
-United States_, i. 305.]
-
-Slaves were defined as "chattels personal in the hands of their
-respective owners or possessors, and their executors, administrators,
-and assigns, to all intents and purposes whatsoever."[251] In the
-British colonies and the American Slave States they were at all times
-liable to be sold or otherwise alienated at the will of their masters,
-as absolutely as cattle, or any other personal effects. They were
-{706} also liable to be sold by process of law for satisfaction of the
-debts of a living, or the debts or bequests of a deceased master, at
-the suit of creditors or legatees. They were transmitted by
-inheritance or by will to heirs at law or to legatees, and in the
-distribution of estates they were distributed like other
-property.[252] No regard was paid to family ties. Except in Louisiana,
-where children under ten years of age could not be sold separately
-from their mothers,[253] no law existed to prevent the violent
-separation of parents from their children or from each other.[254] And
-what the law did not prevent, the slave-owners did not omit doing;
-thus Virginia was known as a breeding place out of which the members
-of one household were sold into every part of the country.[255] All
-this, however, holds true of the British colonies and Slave States
-only. In the Spanish, Portuguese, and French colonies plantation
-slaves were real estate, attached to the soil they cultivated. They
-partook therewith of all the restraints upon voluntary alienation to
-which the possessor of the land was there liable, and they could not
-be seized or sold by creditors, for satisfaction of the debts of the
-owner.[256] As regards the sale of members of the same family the Code
-Noir expressly says, "Ne pourront être saisis et vendus séparément, le
-mari et la femme, et leurs enfans impubéres, s'ils sont tous sous la
-puissance du même Maître."[257] A slave could make no contract; he
-could not even contract marriage, in the juridical sense of the word.
-The association which took place among slaves and was called marriage
-was virtually the same as the Roman _contubernium_, a relation which
-had no sanctity and to which no civil rights were attached.[258] The
-master could whenever {707} he liked separate the "husband" and
-"wife"; he could, if he pleased, commit "adultery" with the "wife,"
-and was the absolute owner of all the children born by her. A slave
-had "no more legal authority over his child than a cow has over her
-calf." On the other hand, the common rules of sexual morality were not
-enforced on the slaves. They were not admonished for incontinence, nor
-punished for adultery, nor prosecuted for bigamy. Incontinence was
-rather thought a matter of course in the slave. We are told that even
-in Puritan New England female slaves in ministers' and magistrates'
-families bore children, black or yellow, without marriage, that no one
-inquired who their fathers were, and that nothing more was thought of
-it than of the breeding of sheep or swine. And concerning the
-"slave-quarters" connected with the plantations the universal
-testimony was that the sexes were there "herded together
-promiscuously, like beasts."[259]
-
-[Footnote 251: Brevard, _Digest of the Public Statute Law of
-South-Carolina_, p. 229. Prince, _Digest of the Laws of Georgia_,
-p. 777. In the French _Code Noir_ (Édit du mois de Mars 1685, art.
-44, p. 49; Édit donné au mois de Mars 1724, art. 40, p. 305)
-slaves are declared to be "meubles."]
-
-[Footnote 252: Stephen, _op. cit._ i. 62. Stroud, _op. cit._ p. 84.
-Goodell, _American Slave Code in Theory and Practice_, p. 63 _sqq._]
-
-[Footnote 253: Peirce, Taylor, and King, _Consolidation and Revision
-of the Statutes of the State_ [_Louisiana_], pp. 523, 550 _sq._]
-
-[Footnote 254: Stephen, _op. cit._ i. 62 _sq._ Stroud, _op. cit._
-p. 82.]
-
-[Footnote 255: Pearson, _National Life and Character_, p. 210.]
-
-[Footnote 256: Stephen, _op. cit._ i. 69.]
-
-[Footnote 257: _Code Noir_, Édit du mois de Mars 1685, art. 47, p. 51;
-Édit donné au mois de Mars 1724, art. 43, p. 306.]
-
-[Footnote 258: Cobb, _op. cit._ p. 240 _sqq._ Stroud, _op. cit._ p.
-99. Goodell, _American Slave Code_, p. 105 _sqq._ Wheeler, _op. cit._
-p. 199. According to the Civil Code of Louisiana, "slaves cannot marry
-without the consent of their masters, and their marriages do not
-produce any of the civil effects which result from such contract"
-(Morgan, _Civil Code of Louisiana_, art. 182, p. 29).]
-
-[Footnote 259: Goodell, _American Slave Code_, p. 111. In 1835 the
-query was presented to a Baptist Association of ministers, "whether,
-in case of involuntary separation of such a character as to preclude
-all future intercourse, the parties may be allowed to marry again?"
-The answer was, "that such separation among persons situated as our
-slaves are, is civilly a separation by death, and they believe that,
-in the sight of God, it would be so viewed. To forbid second marriages
-in such cases would be to expose the parties not only to greater
-hardships and stronger temptations, but to church censure for acting
-_in obedience to their masters_." Incidentally here the fact leaks out
-that slave cohabitation is enforced by the authority of the masters
-for the increase of their human chattels (Goodell, _Slavery and
-Anti-Slavery_, p. 185).]
-
-Yet though slaves were regarded as chattels, the master could not do
-with his slave exactly what he pleased. We have noticed that the life
-of the slave was in some degree, though very insufficiently, protected
-by law,[260] and that a master who mutilated his slave was subject to
-a slight penalty.[261] The law also took care to prohibit the master
-from doing things which were considered injurious to the community or
-the State. There was a great fear of teaching negroes to read and
-write. William Knox, in a tract addressed to "the venerable Society
-for propagation {708} of the Gospel in foreign parts" in the year
-1768, remarks that "instruction renders them less fit or less willing
-to labour," and that, if they were universally taught to read, there
-would undoubtedly be a general insurrection of the negroes leading to
-the massacre of their owners.[262] A similar fear underlies the laws
-on the subject which we meet with in the codes of some of the Slave
-States. According to the Negro Act of 1740 for South Carolina, any
-person who instructed a slave in writing was subject to a fine of one
-hundred pounds;[263] but this enactment was later on considered too
-liberal. A law of 1834 placed under the ban all efforts to teach the
-coloured race either reading or writing, and the punishment was no
-longer a pecuniary fine only, but, besides, imprisonment for six
-months or a shorter time or, if the offender was a free person of
-colour, whipping not exceeding fifty lashes.[264] In Georgia a law of
-1770, which prohibited the instruction of slaves in reading and
-writing, was in 1833 followed by an act which extended the prohibition
-to free persons of colour.[265] In Louisiana the teaching of slaves
-was punished with imprisonment for not less than one month nor more
-than twelve months.[266] North Carolina allowed slaves to be made
-acquainted with arithmetical calculations, but sternly interdicted
-instruction in reading and writing;[267] whilst Alabama warred with
-the rudiments of reading, forbidding any coloured persons, bond or
-free, to be taught not only reading and writing, but spelling.[268] In
-all these States the prohibitions referred to the master of the slave
-as well as to other persons. In Virginia, on the other hand, the
-master might teach his slave whatever he liked, but others might
-not.[269]
-
-[Footnote 260: _Supra_, p. 428 _sq._]
-
-[Footnote 261: _Supra_, p. 517.]
-
-[Footnote 262: Knox, _Three Tracts respecting the Conversion and
-Instruction of the Free Indians and Negroe Slaves in the Colonies_,
-p. 15 _sq._]
-
-[Footnote 263: Brevard, _op. cit._ ii. 243.]
-
-[Footnote 264: McCord, _Statutes at large of South Carolina_, vii.
-468.]
-
-[Footnote 265: Prince, _op. cit._ pp. 785, 658.]
-
-[Footnote 266: Peirce, Taylor, and King, _op. cit._ p. 552.]
-
-[Footnote 267: _Revised Statutes of North Carolina passed by the
-General Assembly at the Session of_ 1836-7, xxxiv. 74, cxi. 27, vol.
-i. 209, 578.]
-
-[Footnote 268: Clay, _Digest of the Laws of Alabama_, p. 543.]
-
-[Footnote 269: _Code of Virginia_, cxcviii. 31 _sq._ Stroud, _op.
-cit._ p. 142.]
-
-{709} There is yet another point in which the master's power was
-restricted in a most unusual way: in many cases he was not allowed to
-liberate his slave, or formidable obstacles were put in the way of
-manumission. Thus, in North Carolina a slave could formerly not be
-enfranchised except for meritorious services;[270] but this enactment
-was altered by the Revised Statutes of 1836-1837, according to which
-any emancipation granted to any slave "shall be upon the express
-condition, that he, she or they will leave the State, within ninety
-days from the granting thereof, and never will return within the State
-afterwards."[271] The Civil Code of Louisiana required that a slave,
-to be emancipated, should have attained the age of thirty years and
-behaved well at least for four years preceding the emancipation,
-unless, indeed, the slave had saved the life of his master or of one
-of his children, in which case he might be set free at any age;[272]
-and, according to a statute of 1852, the emancipated slave should be
-sent out of the United States within twelve months after his
-emancipation.[273] In several other States manumission was likewise
-hampered by various regulations;[274] and throughout the British West
-Indies there were restraints on manumission prior to the Emancipation
-Act.[275] By an act passed in Saint Christopher in the year 1802, a
-tax of £1,000 was imposed on the manumission of any slave who was not
-a native of, or had not resided for two years within, the island,
-whilst natives or residents might be enfranchised at half that price.
-But the authors of this act went further still. They considered that a
-master, though unwilling to pay £500 or £1,000 for the legal
-enfranchisement of a slave, might, during his own life, make him or
-her practically free by not exercising his own rights as master. Hence
-{710} they enacted "that if any proprietor of a slave should, by any
-contract in writing or otherwise, dispense with the slave's service,
-or should be proved before a justice of peace not to have exercised
-any right of ownership over such slave, and maintained him or her at
-his own expense, within a month, the slave should be publicly sold at
-vendue by the provost marshall; and should become the property of the
-purchaser, and the purchase-money should be paid into the colonial
-treasury."[276] In St. Vincents one hundred pounds sterling was
-required to be paid into the treasury for each slave sought to be
-manumitted,[277] whilst in Barbados a person minded to manumit a slave
-should pay £50 to the churchwarden of the parish in which he
-resided.[278] Very different were the Spanish laws on the subject of
-manumission. According to a law of 1528 a negro slave who had served a
-certain length of time was entitled to his liberty upon the payment of
-a certain sum, not less than twenty marks of gold, the exact amount to
-be settled by the royal authorities.[279] In 1540 a law was issued to
-the effect that "if any negro, or negress, or any other persons
-reputed slaves, should publicly demand their liberty, they should be
-heard, and justice be done to them, and care be taken that they should
-not on that account be maltreated by their masters."[280] Nay, a slave
-who wished to change his master and could prevail on any other person
-to buy him by appraisement, could demand and compel such a
-transfer,[281] and a master who treated his slaves inhumanly could be
-by the judge deprived of them.[282] In most of the British colonies
-and American Slave States, on the other hand, the slave had no legal
-right to obtain a change of master when cruel treatment made it
-necessary for his relief or preservation.[283] {711} The exceptions to
-this rule[284] were few and of little practical value.
-
-[Footnote 270: Stroud, _op. cit._ p. 233.]
-
-[Footnote 271: _Revised Statutes of North Carolina_, cxi. 58, vol. i.
-585.]
-
-[Footnote 272: Morgan, _Civil Code of Louisiana_, art. 185 _sq._, p.
-30 _sqq._]
-
-[Footnote 273: _Ibid._ Stat. 18th March, 1852, §1, p. 29.]
-
-[Footnote 274: Brevard, _op. cit._ ii. 255 _sq._ (South Carolina).
-Prince, _op. cit._ p. 787 (Georgia). Stroud, _op. cit._ p. 231
-(Alabama). Alden and van Hoesen, _Digest of the Laws of Mississippi_,
-p. 761. Haywood and Cobbs, _Statute Laws of the State of Tennessee_,
-i. 327 _sq._]
-
-[Footnote 275: Cobb, _op. cit._ p. 282.]
-
-[Footnote 276: Stephen, _op. cit._ i. 401 _sq._]
-
-[Footnote 277: Cobb, _op. cit._ p. 282 _sq._]
-
-[Footnote 278: Moore, _Public Acts passed by the Legislature of
-Barbados_, p. 224 _sq._]
-
-[Footnote 279: Helps, _Spanish Conquest in America_, iv. 373.]
-
-[Footnote 280: _Recopilacion de leyes de los reinos de las Indias_,
-vii. 5. 8, vol. ii. 321.]
-
-[Footnote 281: Barre Saint Venant, quoted by Stephen, _op. cit._ i.
-119 _sq._]
-
-[Footnote 282: Edwards, _History of the British West Indies_, iv.
-451.]
-
-[Footnote 283: Stephen, _op. cit._ i. 106. Stroud, _op. cit._ p. 93.]
-
-[Footnote 284: Morgan, _Civil Code of Louisiana_, art. 192, p. 33.
-Morehead and Brown, _Digest of the Statute Laws of Kentucky_, ii.
-1481. Edwards, _op. cit._ ii. 192 (Jamaica). Stephen, _op. cit._ i.
-106 (some other British colonies). In the French islands a negro who
-had been cruelly treated, contrary to royal ordinances, was forfeited
-to the crown, and acquired, if not freedom, at least deliverance from
-a tyrannical master (_Code Noir_, Édit du mois de Mars 1685, art. 42,
-p. 48 _sq._; Édit donné au mois de Mars 1724, art. 38, p. 303 _sq._);
-but the Court which adjudged the offence might also decree the
-sufferer to be manumitted (Stephen, _op. cit._ i. 119).]
-
-This system of slavery, which at least in the British colonies and the
-Slave States surpassed in cruelty the slavery of any pagan country
-ancient or modern, was not only recognised by Christian governments,
-but was supported by the large bulk of the clergy, Catholic[285] and
-Protestant alike. In the beginning of the abolitionist movement the
-Churches acknowledged slavery to be a great evil, but with the making
-of this acknowledgment they believed that they had done their share,
-and denied that there was any obligation on them, or even that they
-had any right, to proceed against the slave-holders. But things did
-not stop here. The lamentations of resignation were gradually changed
-into excuses, and the excuses into justifications.[286] The Bible, it
-was said, contains no prohibition of slavery; on the contrary, slavery
-is recognised both in the Old and New Testaments. Abraham, the father
-of the faithful and the friend of God, had slaves; the Hebrews were
-directed to make slaves of the surrounding nations; St. Paul and St.
-Peter approved of the {712} relation of master and slave when they
-gave admonitions to both as to their reciprocal behaviour; the Saviour
-Himself said nothing in condemnation of slavery, although it existed
-in great aggravation while He was upon earth. If slavery were sinful,
-would it have been too much to expect that the Almighty had directed
-at least one little word against it in the last revelation of His
-will?[287] Nay, God not only permitted slavery, but absolutely
-provided for its perpetuity;[288] it is the very legislation of Heaven
-itself;[289] it is an institution which it is a religious duty to
-maintain,[290] and which cannot be abolished, because "God is pledged
-to sustain it."[291] According to some, slavery was founded on the
-judgment of God on a damned race, the descendants of Ham; according to
-others, it was only in this way that the African could be raised to a
-participation in the blessings of Christianity and civilisation.[292]
-With the name of "abolitionist" was thus associated the idea of
-infidelity, and the emancipation movement was branded as an attempt to
-spread the evils of scepticism through the land.[293] According to
-Governor Macduffie, of South Carolina, no human institution is more
-manifestly consistent with the will of God than slavery, and every
-community ought to punish the interference of abolitionists with
-death, without the benefit of clergy, "regarding the authors of it as
-enemies of the human race."[294] It is true that religious arguments
-were also adduced in favour of abolition. To hold men in bondage was
-said to be utterly inconsistent with the inalienable rights which the
-Creator had granted mankind, and still more obviously {713} at
-variance with the dictates of Christian love.[295] Many clergymen also
-joined the abolitionists. But it seems that in the middle of the
-nineteenth century the Quakers and the United Brethren were the only
-religious bodies that regarded slave-holding and slave-dealing as
-ecclesiastical offences.[296] The American Churches were justly said
-to be "the bulwarks of American slavery."[297]
-
-[Footnote 285: The attempts to represent the Roman Catholic clergy as
-ardent abolitionists (Cochin, _L'abolition de l'esclavage_, ii. 443;
-de Locqueneuille, _L'esclavage, ses promoteurs et ses adversaires_, p.
-193) are certainly not justified by facts. Among the Catholics of the
-United States there were some advocates of emancipation, but their
-number was not large (Goodell, _Slavery and Anti-Slavery_, 195 _sq._;
-Parker, _Collected Works_, vi. 127 _sq._). Dr. England, the Catholic
-bishop of Charleston, South Carolina, undertook in public to prove
-that the Catholic Church had always been the uncompromising friend of
-slave-holding (Parker, _op. cit._ v. 57). In Brazil it was common for
-clergymen not only to possess slaves, but to buy and sell them with as
-little scruple as other merchandises (da Fonseca, _A esravidão, o
-clero e o abolicionismo_, pp. 28, 33). Bishop Bouvier wrote (_op.
-cit._ p. 568):--"Servi autem dominis suis obedire, sortem suam
-patienter tolerare et officia sibi imposita fideliter exsequi debent,
-quoadusque libertas ipsis concedatur. Meminerint præsentem vitam esse
-momentaneam, futuram vero æternam."]
-
-[Footnote 286: von Holst, _op. cit._ ii. 231 _sqq._]
-
-[Footnote 287: Barnes, _The Church and Slavery_, p. 15. Birney,
-_Letter to the Churches_, p. 3 _sq._ Bledsoe, _Essay on Liberty and
-Slavery_, p. 138 _sqq._ Gerrit Smith, _Letter to Rev. James Smylie_,
-p. 3. Cobb, _op. cit._ p. 54 _sqq._ Goodell, _Slavery and
-Anti-Slavery_, pp. 154-156, 167, 176, 181, 184, 186, &c. Parker,
-_Collected Works_, v. 157.]
-
-[Footnote 288: Thornton, quoted by Goodell, _Slavery and
-Anti-Slavery_, p. 147. Fisk, quoted _ibid._ p. 147.]
-
-[Footnote 289: Bledsoe, _op. cit._ p. 138.]
-
-[Footnote 290: Smylie, quoted by Gerrit Smith, _op. cit._ p. 3.]
-
-[Footnote 291: Quoted by Goodell, _Slavery and Anti-Slavery_, p. 347.]
-
-[Footnote 292: Barnes, _op. cit._ p. 16.]
-
-[Footnote 293: _Ibid._ p. 18. Newman, _Anglo-Saxon Abolition of Negro
-Slavery_, p. 56. Bledsoe, _op. cit._ p. 223.]
-
-[Footnote 294: Newman, _op. cit._ p. 53. von Holst, _op. cit._ ii.
-118, n. 1.]
-
-[Footnote 295: Gurney, _Views and Practices of the Society of
-Friends_, p. 390. 'Anti-Slavery Declaration of 1833,' quoted by
-Goodell, _Slavery and Anti-Slavery_, p. 398. Birney, _Second Letter_,
-p. 1.]
-
-[Footnote 296: Parker, _op. cit._ v. 56.]
-
-[Footnote 297: von Holst, _op. cit._ ii. 230.]
-
-Nobody would suppose that this attitude towards slavery was due to
-religious zeal. It was one of those cases, only too frequent in the
-history of morals, in which religion is called in to lend its sanction
-to a social institution agreeable to the leaders of religious opinion.
-Many clergymen and missionaries were themselves slave-holders,[298]
-the chapel funds largely rested on slave property,[299] and the
-ministers naturally desired to be on friendly terms with the more
-important members of their respective congregations, who were commonly
-owners of slaves. Adam Smith observes that the resolution of the
-Quakers in Pennsylvania to set at liberty all their slaves, was due to
-the fact that the principal produce there was corn, the raising of
-which cannot afford the expense of slave cultivation; had the slaves
-"made any considerable part of their property, such a resolution could
-never have been agreed to."[300]
-
-[Footnote 298: Barnes, _op. cit._ p. 13. Goodell, _Slavery and
-Anti-Slavery_, pp. 151, 186 _sq._]
-
-[Footnote 299: Newman, _op. cit._ p. 53.]
-
-[Footnote 300: Adam Smith, _Wealth of Nations_, p. 172.]
-
-To explain the establishment of colonial slavery, the difficulties in
-the way of its abolition, and the laws relating to it, it is necessary
-to consider not only economic conditions and the motive of
-self-interest, but, as a factor of equal importance, the want of
-sympathy for, or positive antipathy to, the coloured race. The negro
-was looked upon almost as an animal, according to some he was a being
-without a soul.[301] Even when free he was a pariah, subject to
-special laws and regulations. In the Code of {714} Louisiana it is
-said:--"Free people of colour ought never to insult or strike white
-people, nor presume to conceive themselves equal to the whites; but,
-on the contrary, they ought to yield to them on every occasion, and
-never speak or answer them but with respect, under the penalty of
-imprisonment, according to the nature of the offence."[302] The Code
-Noir prohibited white men and women from marrying negroes, "à peine de
-punition et d'amende arbitraire";[303] and in the Revised Statutes of
-North Carolina we read:--"If any white man or woman, being free, shall
-intermarry with an Indian, negro, mustee or mulatto man or woman, or
-any person of mixed blood to the third generation, bond or free, he
-shall, by judgment of the county court, forfeit and pay the sum of one
-hundred dollars to the use of the county."[304] In Mississippi a free
-negro or mulatto was legally punished with thirty-nine lashes if he
-exercised the functions of a minister of the Gospel.[305] Coloured men
-in the North were excluded from colleges and high schools, from
-theological seminaries and from respectable churches, as also from the
-town hall, the ballot, and the cemetery where white people were
-interred.[306] The Anglo-Saxon aversion to the black race is thus
-expressed by an English writer:--"We hate slavery, but we hate the
-negroes still more."[307] Among the Spaniards and Portuguese racial
-antipathies were not so strong, and their slaves were consequently
-better treated.[308]
-
-[Footnote 301: von Holst, _op. cit._ i. 279. Malloch, 'How the Church
-dealt with Slavery,' in _The Month_, xxvii. 454.]
-
-[Footnote 302: Quoted by Stroud, _op. cit._ p. 157.]
-
-[Footnote 303: _Code Noir_, Édit donné au mois de Mars 1724, art. 6,
-p. 286.]
-
-[Footnote 304: _Revised Statutes of North Carolina_, lxxi. 5, vol. i.
-386 _sq._]
-
-[Footnote 305: Alden and van Hoesen, _op. cit._ p. 771.]
-
-[Footnote 306: Parker, _op. cit._ v. 58. Goodell _Slavery and
-Anti-Slavery_, p. 200.]
-
-[Footnote 307: Seward, quoted by Newman, _Abolition of Negro Slavery_,
-p. 54.]
-
-[Footnote 308: Couty, _L'esclavage au Brésil_, p. 8 _sqq_.]
-
-Thus we notice in the opinions regarding slavery throughout the same
-distinction as in the judgments on other matters of moral concern. A
-person is, as a rule, allowed to enslave or to keep as slaves only
-persons belonging to a different community or a different race from
-his own, or their descendants. To deprive anybody of his liberty is to
-inflict an injury on him, and is regarded as {715} wrong whenever the
-act gives rise to sympathetic resentment, whereas nothing is thought
-of it where no sympathy is felt for its victim. Thus, whilst slavery
-grows up only under economic conditions favourable to slave labour, it
-is always limited by feelings of an altruistic character, and where
-these feelings are sufficiently broad and powerful it is not tolerated
-at all. The same factor also influences the condition of the slaves
-where slavery exists. We have seen that native slaves are better
-treated than foreign ones and slaves born in the household better than
-those who have been captured or purchased. The advancement of a
-nation, again, is frequently attended with greater severity in the
-treatment of the slaves, because, whilst the simplicity of early ages
-admits of little distinction between the master and his servants in
-their employments and manner of living, the introduction of wealth and
-luxury gradually destroys the equality. Besides, the number of slaves
-maintained in a wealthy nation makes them formidable both to their
-owners and to the State, hence it is necessary that they should be
-strictly watched and kept in the utmost subjection.[309]
-
-[Footnote 309: Millar, _op. cit._ p. 256 _sqq._]
-
-The condition of slaves is in various respects influenced by the
-selfish considerations of their masters. Stuart Mill observes:--"When,
-as among the ancients, the slave-market could only be supplied by
-captives either taken in war, or kidnapped from thinly scattered
-tribes on the remote confines of the human world, it was generally
-more profitable to keep up the number by breeding, which necessitates
-a far better treatment of them, and for this reason, joined with
-several others, the condition of slaves . . . was probably much less
-bad in the ancient world, than in the colonies of modern
-nations."[310] Among the Bedouins, says Burckhardt, "the slaves are
-treated with kindness, and seldom beaten, as severity might induce
-them to run away."[311] Superstition may also help to {716} improve
-the lot of the slave. In West Africa "the authority which a master
-exercises over a slave is very much modified by his constitutional
-dread of witchcraft. If he treats his slave unkindly, or inflicts
-unmerited punishment upon him, he exposes himself to all the
-machinations of witchcraft which that slave may be able to
-command."[312] It is said in the Proverbs, "Accuse not a servant unto
-his master, lest he curse thee, and thou be found guilty."[313] The
-same danger threatens the cruel master. We read in the Apostolic
-Constitutions, "Thy man-servant or thy maid-servant who trust in the
-same God, thou shalt not command with bitterness of spirit; lest they
-groan against thee, and wrath be upon thee from God."[314]
-
-[Footnote 310: Mill, _Principles of Political Economy_, i. 307. _Cf._
-_supra_, p. 701.]
-
-[Footnote 311: Burckhardt, _Bedouins and Wahábys_, p. 103.]
-
-[Footnote 312: Wilson, _Western Africa_, p. 271. See also _ibid._ p.
-179; Cruickshank, _Eighteen Years on the Gold Coast_, ii. 180 _sqq._;
-Du Chaillu, _Explorations and Adventures in Equatorial Africa_, p.
-331; Landtman, _Origin of Priesthood_, p. 198, n. 2.]
-
-[Footnote 313: _Proverbs_, xxx. 10.]
-
-[Footnote 314: _Constitutiones Apostolicæ_, vii. 13.]
-
-
-
-
-END OF VOL. I
-
-       *       *       *       *       *
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-_Printed by_ LOWE & BRYDONE (PRINTERS) LTD., _London, N.W. 1._
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-
-
-THE ORIGIN AND DEVELOPMENT
-OF THE MORAL IDEAS
-
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-MACMILLAN AND CO., LIMITED
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-THE ORIGIN
-AND DEVELOPMENT
-
-OF THE
-
-MORAL IDEAS
-
-
-BY
-
-EDWARD WESTERMARCK
-
-_Ph.D., LL.D._ (_Aberdeen_)
-
-MARTIN WHITE PROFESSOR OF SOCIOLOGY IN THE UNIVERSITY OF
-LONDON
-PROFESSOR OF MORAL PHILOSOPHY AT THE UNIVERSITY OF FINLAND,
-HELSINFORS
-AUTHOR OF "THE HISTORY OF HUMAN MARRIAGE," "MARRIAGE CEREMONIES
-IN MOROCCO," ETC
-
-IN TWO VOLUMES
-
-VOL. II
-
-_SECOND EDITION_
-
-MACMILLAN AND CO., LIMITED
-ST. MARTIN'S STREET, LONDON
-
-1917
-
-
-_COPYRIGHT_
-
-_First Edition_, 1908
-_Second Edition_, 1917
-
-
-
-
-PREFACE
-TO THE SECOND EDITION OF VOL. II
-
-WHILE the text of the first edition has been left almost
-unchanged, some notes have been added at the end of it.
-
-E. W.
-
-LONDON,
-
-_September_, 1916.
-
-
-
-
-CONTENTS
-
-
-CHAPTER XXVIII
-
-THE RIGHT OF PROPERTY
-
-The meaning of the term "property," p. 1.--Savages accused of
-thievishness, p. 2.--Theft condemned by savages, pp. 2-13.--The
-condemnation of theft influenced by the value of the goods stolen,
-pp. 13-15.--The stealing of objects of a certain kind
-punished with particular severity, p. 14.--The appropriation of a
-small quantity of food not punished at all, p. 14 _sq._--Exceptions
-to the rule that the punishment of theft is influenced by the
-worth or nature of the appropriated property, p. 15.--The degree
-of criminality attached to theft influenced by the place where it
-is committed, p. 15 _sq._--A theft committed by night punished
-more heavily than one committed by day, p. 16.--Distinction made
-between ordinary theft and robbery, p. 16 _sq._--Distinction made
-between manifest and non-manifest theft, p. 17.--Successful
-thieves not disapproved of but rather admired, pp. 17-19.--The
-moral valuation of theft influenced by the social position of the
-thief and of the person robbed, p. 19 _sq._--Varies according as
-the victim is a tribesman or fellow-countryman or a stranger,
-pp. 20-25.--The treatment of ship-wrecked people in Europe,
-p. 25.--The destruction of property held legitimate in warfare,
-p. 25 _sq._--The seizure of private property in war, p. 26
-_sq._--Military contributions and requisitions levied upon the
-inhabitants of the hostile territory, p. 27.--Proprietary
-incapacities of children, p. 27 _sq._--Of women, pp. 28-31.--Of
-slaves, pp. 31-33.--The theory that nobody but the chief or king
-has proprietary rights, p. 33.
-
-
-CHAPTER XXIX
-
-THE RIGHT OF PROPERTY (_concluded_)
-
-Acquisition of property by occupation, pp. 35-39.--By keeping
-possession of a thing, pp. 39-41.--By labour, pp. 41-43.--By a
-transfer of property by its owner, p. 43.--By inheritance, pp.
-44-49.--By the fact that ownership in a thing directly follows
-from ownership in another thing, p. 49 _sq._--By the custom which
-prescribes community of goods, p. 50.--The origin of proprietary
-rights and of the various modes of acquisition, pp. 51-57.
---Explanation of the incapacity of children, wives, and
-slaves to acquire property, p. 57.--Why the moral judgments vary
-with regard to different acts of theft, pp. 57-59.--Theft {viii}
-supposed to be avenged by supernatural powers, pp. 59-69.--The
-removing of landmarks regarded as sacrilegious, p. 60 _sq._
---Cursing as a method of punishing thieves or compelling
-them to restore what they have stolen, p. 62 _sq._--Cursing as a
-means of preventing theft, pp. 63-67.--Spirits or gods invoked in
-curses referring to theft, p. 66 _sq._--Why gods take notice of
-offences against property, pp. 67-69.--The belief that thieves
-will be punished after death, p. 69.--The opposition against the
-established principles of ownership, pp. 69-71.
-
-
-CHAPTER XXX
-
-THE REGARD FOR TRUTH AND GOOD FAITH
-
-Definition of lying, p. 72.--Of good faith, _ibid._--The regard
-for truth and good faith among uncivilised races, pp. 72-88.
---Foreigners visiting a savage tribe apt to underrate its
-veracity, pp. 86-88.--The regard for truth varies according as
-the person concerned is a foreigner or a tribesman, p. 87
-_sq._--The regard for truth and good faith among the Chinese,
-p. 88 _sq._--Among the Japanese, Burmese, and Siamese, p. 89.
---Among the Hindus, pp. 89-92.--In Buddhism, p. 92.--Among the
-ancient Persians, p. 93 _sq._--Among Muhammedan peoples, p. 94.
---In ancient Greece, pp. 94-96.--In ancient Rome, p. 96.--Among
-the ancient Scandinavians, p. 96 _sq._--Among the ancient Irish,
-p. 97.--Among the ancient Hebrews, pp. 97-99.--In Christianity,
-pp. 99-101.--In the code of Chivalry, p. 101 _sq._--In the Middle
-Ages and later, p. 102 _sq._--In modern Europe, pp. 103-106.--The
-views of philosophers, _ibid._--Deceit in the relations between
-different states, in peace and war, pp. 106-108.
-
-
-CHAPTER XXXI
-
-THE REGARD FOR TRUTH AND GOOD FAITH (_concluded_)
-
-Explanation of the moral ideas concerning truthfulness and good
-faith, pp. 109-131.--When detected a deception implies a conflict
-between two irreconcilable ideas, which causes pain, p. 109.--Men
-like to know the truth, p. 109 _sq._--The importance of knowing
-the truth, p. 110.--Deception humiliating, _ibid._--A lie or
-breach of faith held more condemnable in proportion to the
-magnitude of the harm caused by it, _ibid._--The importance of
-truthfulness and fidelity even in apparently trifling cases, p.
-110 _sq._--Deceit held permissible or obligatory when promoting
-the true interest of the person subject to it, p. 111.--The moral
-valuation of an act of falsehood influenced by its motive, p. 111
-_sq._--The opinion that no motive can justify an act of
-falsehood, p. 112.--Why falsehood is held permissible, or
-praiseworthy, or obligatory, when directed against a stranger,
-_ibid._--Deceit condemned as cowardly, p. 113.--A clever lie
-admired or approved of, p. 114.--The duties of sincerity and good
-faith to some extent founded on prudential considerations, pp.
-114-124.--Lying attended with supernatural danger, _ibid._--A
-mystic efficacy ascribed to the untrue word, pp. 116-118.--The
-efficacy of oaths and the methods of charging them with
-supernatural energy, pp. 118-122.--Oaths containing appeals to
-supernatural beings, pp. 120-122.--By being frequently appealed
-to in oaths a god may come to be looked upon as a guardian of
-veracity and good faith, p. 123.--The influence of oath-taking
-upon veracity, p. 123 _sq._--The influence of education upon the
-regard for truth, p. 124.--The influence {ix} of habit upon the
-regard for truth, p. 125.--Natural to speak the truth, p. 125
-_sq._--Intercourse with strangers destructive to savage veracity,
-pp. 126-129.--Social incoherence apt to lead to deceitful habits,
-p. 129.--Social differentiation a cause of deception, p. 129
-_sq._--Oppression an inducement to falsehood, p. 130 _sq._--The
-duty of informing other persons of the truth, p. 131.--The regard
-for knowledge, pp. 131-136.
-
-
-CHAPTER XXXII
-
-THE RESPECT FOR OTHER MEN'S HONOUR AND SELF-REGARDING
-PRIDE--POLITENESS
-
-Definition of "honour," p. 137.--The feeling of self-regarding
-pride in animals, p. 137 _sq._--In savages, pp. 138-140.--The
-moral disapproval of insults, pp. 140-142.--The condemnation of
-an insult influenced by the _status_ of, or the relations
-between, the parties concerned, p. 142 _sq._--Pride disapproved
-of and humility praised as a virtue or enjoined as a duty, p. 144
-_sq._--Humility an object of censure, p. 145 _sq._--Deviation
-from what is usual arouses a suspicion of arrogance, p. 146.
---Politeness a duty rather than a virtue, _ibid._--Many
-savages conspicuous for their civility, p. 146 _sq._--Politeness
-a characteristic of all the great nations of the East, p. 147
-_sq._--The courtesies of Chivalry, p. 148.--The demands of
-politeness refer to all sorts of social intercourse and vary
-indefinitely in detail, p. 148 _sq._--Salutations, pp. 149-151.
---The rule of politeness most exacting in relation to superiors,
-p. 151 _sq._--Politeness shown by men to women, p. 152.
---Politeness shown to strangers, _ibid._
-
-
-CHAPTER XXXIII
-
-REGARD FOR OTHER PERSONS' HAPPINESS IN GENERAL--GRATITUDE--PATRIOTISM
-AND COSMOPOLITANISM
-
-The regard for other persons' happiness in general, p. 153
-_sq._--The moral ideas concerning conduct which affects other
-persons' welfare influenced by the relationship between the
-parties, pp. 154-166.--The feeling of gratitude said to be
-lacking in many uncivilised races, pp. 155-157.--Criticism of
-statements to this effect, pp. 157-161.--Savages described as
-grateful for benefits bestowed on them, pp. 161-165.--Gratitude
-represented as an object of praise or its absence as an object of
-disapproval, p. 165 _sq._--Why ungratefulness is disapproved of,
-p. 166.--The patriotic sentiment defined, p. 167.--Though hardly
-to be found among the lower savages, it seems to be far from
-unknown among uncultured peoples of a higher type, p. 167
-_sq._--Many of the elements out of which patriotism proper has
-grown clearly distinguishable among savages, even the lowest, pp.
-168-172.--National conceit, pp. 170-174.--The relation between
-the national feeling and the religious feeling, p. 174 _sq._--The
-patriotism of ancient Greece and Rome, p. 175 _sq._--The moral
-valuation of patriotism, p. 176.--Duties to mankind at large, pp.
-176-179.--The ideal of patriotism rejected by Greek and Roman
-philosophers, p. 177 _sq._--By Christianity, p. 178 _sq._--The
-lack of patriotism and national feeling during the Middle Ages,
-pp. 179-181.--The development of the national feeling in England,
-p. 181 _sq._--In France, p. 182.--The cosmopolitanism of the
-eighteenth century, p. 182 _sq._--European patriotism after the
-French revolution, p. 183 _sq._--The theory cf nationalism,
-p. 184.--The cosmopolitan spirit, p. 184 _sq._
-
-
-{x} CHAPTER XXXIV
-
-THE ORIGIN AND DEVELOPMENT OF THE ALTRUISTIC SENTIMENT
-
-Maternal affection, pp. 186-189.--Prof. Espinas's theory, p. 186
-_sq._--Prof. Bain's theory, p. 187 _sq._--Mr. Spencer's theory,
-p. 188.--Distinction between maternal love and the mere love of
-the helpless, p. 188 _sq._--The paternal instinct, p. 189
-_sq._--Conjugal attachment, pp. 190-192.--The duration of
-conjugal attachment, p. 192 _sq._--The duration of parental
-affection, p. 193.--Filial affection, p. 194.--Man originally, as
-it seems, not a gregarious animal, p. 195 _sq._--How he became
-gregarious, p. 196 _sq._--The gregarious instinct, p. 197.
---Social affection, p. 197 _sq._--The evolution of social
-aggregates influenced by economic conditions, pp. 198-201.--The
-social aggregates of savages who know neither cattle-rearing nor
-agriculture, pp. 198-200.--Of pastoral peoples, p. 201.--Of
-peoples subsisting on agriculture, _ibid._--Social units based on
-marriage or a common descent, p. 201 _sq._--The social force in
-kinship, pp. 202-204.--Mr. Hartland's theory, pp. 204-206.--The
-blood-covenant, pp. 206-209.--The social influence of a common
-cult among savages, pp. 209-213.--The "four generations" of the
-Chinese, p. 213.--Traces of a clan organisation in China, p. 213
-_sq._--The joint family among so-called Aryan peoples, pp.
-214-216.--Village communities, clans, phratries, and tribes among
-these peoples, pp. 216-220.--The prevalence of the paternal
-system of descent among the peoples of archaic culture, p.
-220.--Associations of tribes among uncivilised races, p. 220
-_sq._--Civilisation only thrives in states, p. 221 _sq._--The
-origin of states p. 222.--The influence of the State upon the
-smaller units of which it is composed, p. 222 _sq._--The State
-and the notion of a common descent, pp. 223-225.--The archaic
-State not only a political but a religious community, p. 225
-_sq._--The national importance of a common religion, p. 226.--The
-influence of social development upon the altruistic sentiment, p.
-226 _sq._--The altruistic sentiment has not necessarily reference
-only to individuals belonging to the same social unit, p. 227
-_sq._--The expansion of altruism in mankind, p. 228.
-
-
-CHAPTER XXXV
-
-SUICIDE
-
-Suicide and civilisation, p. 229.--Suicide said to be unknown
-among several uncivilised races, p. 229 _sq._--The prevalence of
-suicide among savages and barbarians, pp. 230-232.--The causes of
-suicide among savages, pp 232-235.--The moral valuation of
-suicide among savages, pp. 235-241.--The fate of self-murderers
-after death, pp. 235-239.--The treatment of the bodies of
-suicides among uncivilised races, pp. 238-240.--The opinions as
-to suicide in China, pp. 241-243.--In Japan, p. 243 _sq._--Among
-the Hindus, pp. 244-246.--Among Buddhists, p. 246.--Among the
-Hebrews, p. 246 _sq._--Among Muhammedans, p. 247.--In ancient
-Greece, pp. 247-249.--Among classical philosophers, pp.
-248-250.--In ancient Rome, p. 250 _sq._--Among the Christians,
-pp. 251-254.--Why suicide was condemned by the Church, pp.
-252-254.--The secular legislation influenced by the doctrine of
-the Church, p. 254.--The treatment of suicides' bodies in Europe,
-pp. 254-257.--More humane feelings towards suicides in the Middle
-Ages, p. 257 _sq._--Attacks upon the views of the Church and upon
-the laws of the State concerning suicide, pp. 258-260.--Modern
-philosophers' arguments against suicide, {xi} p. 260 _sq._--The
-legislation on the subject changed, p. 261.--Explanation of the
-moral ideas concerning suicide, pp. 261-263.--Criticism of Prof.
-Durkheim's opinion as to the moral valuation of suicide in the
-future, p. 263 _sq._
-
-
-CHAPTER XXXVI
-
-SELF-REGARDING DUTIES AND VIRTUES--INDUSTRY--REST
-
-General statements referring to the nature and origin of
-self-regarding duties and virtues, pp. 265-268.--Man naturally
-inclined to idleness, pp. 268-271.--Among savages either
-necessity or compulsion almost the sole inducement to industry,
-_ibid._--Savages who enjoin work as a duty or regard industry as
-a virtue, p. 271 _sq._--Industrial activity looked down upon as
-disreputable for a free man, p. 272 _sq._--Contempt for trade, p.
-274. Progress in civilisation implies an increase of industry and
-leads to condemnation of idleness, _ibid._--Idleness prohibited
-by law in ancient Peru p. 274 _sq._--Industry enjoined in ancient
-Persia, p. 275 _sq._--In ancient Egypt, p. 276.--In ancient
-Greece, p. 276 _sq._--Greek views on agriculture, p. 277.--On
-trade and handicrafts, p. 278 _sq._--Roman views on labour, p.
-279 _sq._--The Christian doctrine on the subject, pp. 280-282.
---Not applicable to laymen, p. 282.--Modern views on labour,
-p. 282 _sq._--Rest regarded as a duty, p. 283.--Work suspended
-after a death, p. 283 _sq._--On certain other occasions,
-especially in connection with changes in the moon, pp. 284-286.
---Tabooed days among the peoples of Semitic stock, pp. 286-288.
---The Jewish Sabbath, p. 286 _sq._--The seventh day among
-the Assyrians and Babylonians, p. 287 _sq._--The Christian
-Sunday, p. 288 _sq._
-
-
-CHAPTER XXXVII
-
-RESTRICTIONS IN DIET
-
-The gluttony of savages and their views on it, p. 290 _sq._--At
-higher stages of culture intemperance often subject to censure,
-p. 291.--Views on pleasures of the table, p. 291 _sq._--Fasting
-as a means of having supernatural converse or acquiring
-supernatural powers, p. 292 _sq._--Abstinence from food before or
-in connection with the performance of a magical or religious
-ceremony, pp. 293-298.--Fasting prevents pollution, pp. 294-296.
---Sacrificial victims should be clean, and may therefore
-have to fast, p. 295 _sq._--Fasting before the performance of a
-sacrifice may be due to the idea that it is dangerous or improper
-for the worshipper to partake of food before the god has had his
-share, pp 296-298.--Fasting after a death, pp. 298-308.--Observed
-only in the daytime, p. 299 _sq._--Abstinence from certain
-victuals only, pp. 300-302.--Various attempts to explain the
-custom of fasting after a death, p. 302 _sq._--Mourners fast for
-fear of being polluted by the food, pp. 303-306.--Or because
-they, by eating a piece of food, might pollute all victuals
-belonging to the same species, p. 306 _sq._--Or because they are
-supposed to be in a delicate condition imposing upon them
-restrictions in their diet, p. 307 _sq._--Or because grief is
-accompanied by a loss of appetite, p. 308.--The Lent fast, p. 308
-_sq._--Fasts connected with astronomical changes, pp. 309-315.
---Among the Jews, pp. 310-312.--Among the Harranians and
-Manichæans, p. 312 _sq._--The Muhammedan {xii} fast of
-Rama[d.]ân, pp. 313-315.--Fasting as a form of penance,
-pp. 315-318.--As a survival of an expiatory sacrifice, pp. 316-318.
---Fasting and almsgiving, _ibid._--Fasting "the beginning
-of chastity," p. 318.
-
-
-CHAPTER XXXVIII
-
-RESTRICTIONS IN DIET (_concluded_)
-
-Certain kinds of food forbidden to certain classes of persons,
-pp. 319-324.--To young persons, p. 319 _sq._--To women, p. 320
-_sq._--To men, p. 321 _sq._--To priests or magicians, p. 322.
---Restrictions in diet connected with totemism, p. 323 _sq._
---Abstinence from animals which excite disgust by their
-appearance, p. 324 _sq._--From reptiles, p. 324.--From fish,
-p. 324 _sq._--From fowl, p. 325.--From eggs, p. 325 _sq._--From
-milk, _ibid._--From animals which are regarded with disgust on
-account of their filthy habits or the nasty food on which they
-live, pp. 326-328.--From pork, _ibid._--From foreign animals,
-p. 327.--From animals which are supposed to be metamorphosed
-ancestors or which resemble men, p. 328 _sq._--From animals which
-excite sympathy, pp. 329-331.--From beef, p. 330 _sq._--Restrictions
-in diet due to the disinclination to kill certain animals for
-food or, generally, to reduce the supply of a certain kind of
-victuals, pp. 330-332.--Abstinence from domestic animals which
-are regarded as sacred, p. 331 _sq._--From food which is believed
-to injure him who partakes of it, pp. 332-334.--The sources to
-which the general avoidance of certain kinds of food may be
-traced, p. 334 _sq._--The moral disapproval of eating certain
-kinds of food, p. 335. The moral prohibition sanctioned by
-religion, _ibid._--Vegetarianism, pp. 335-338.--Among many
-peoples drunkenness so common that it can hardly be looked upon
-as a vice, pp. 338-341.--Sobriety or total abstinence from
-intoxicating liquors insisted upon by Eastern religions, p. 341
-_sq._--Explanation of the moral ideas concerning drunkenness and
-the use of alcoholic drink, pp. 342-345.--Wine or spirituous
-liquor inspires mysterious fear, p. 344 _sq._--The Muhammedan
-prohibition of wine, p. 345.
-
-
-CHAPTER XXXIX
-
-CLEANLINESS AND UNCLEANLINESS--ASCETICISM IN GENERAL
-
-Man naturally feeling some aversion to filth, p. 346.--Savages
-who are praised for their cleanliness, pp. 346-348.--Savages who
-are clean in certain respects but dirty in others, p. 348.
---Savages who are described as generally filthy in their
-habits, p. 348 _sq._--Various circumstances which may account for
-the prevalence of cleanly or dirty habits among a certain people,
-pp. 349-351.--The moral valuation of cleanliness, p. 351
-_sq._--Cleanliness practised and enjoined from religious or
-superstitious motives, pp. 352-354.--In other instances religious
-or superstitious beliefs have led to uncleanliness, pp. 354-356.
---Uncleanliness as a form of asceticism, p. 355 _sq._--Ascetic
-practices, p. 356 _sq._--The idea underlying religious asceticism
-derived from several different sources, pp. 357-363.--Certain
-ascetic practices originally performed for another purpose,
-p. 358 _sq._--An ascetic practice may be the survival of an earlier
-sacrifice, p. 359.--Ascetic practices due to the idea of expiation,
-pp. 359-361.--Self-mortification intended to excite divine
-compassion, p. 361.--Suffering voluntarily endured with a view to
-preventing the commission of sin, pp. 361-363.--The gratification
-of earthly desires deemed sinful or disapproved of, _ibid._
-
-
-{xiii} CHAPTER XL
-
-MARRIAGE
-
-Definition of the term "marriage," p. 364.--The horror of incest
-well-nigh universal in the human race, pp. 364-366.--The
-prohibited degrees as a rule more numerous among peoples
-unaffected by modern civilisation than in more advanced
-communities, p. 366.--The violation of the prohibitory rules
-regarded by savages as a most heinous crime, p. 366 _sq._--The
-horror of incest among nations that have passed beyond savagery
-and barbarism, p. 367 _sq._--Attempt to explain the prohibition
-of marriage between near kin, pp. 368-371.--Refutation of various
-objections raised against the author's theory, pp. 371-378.--
-Incestuous unions stigmatised by religion, p. 375 _sq._--Endogamous
-rules of various kinds, pp. 378-382.--Marriage by capture, p. 382.
---Marriage by purchase, pp. 382-384.--The disappearance of marriage
-by purchase, p. 384 _sq._--The morning gift, p. 385.--The marriage
-portion, p. 385 _sq._--The form of marriage influenced by the
-numerical proportion between the sexes, p. 387 _sq._--Polyandry,
-p. 387.--Group marriage of the Toda type, _ibid._--The causes of
-polygyny, pp. 387-389.--Of monogamy, p. 389. Polygyny less prevalent
-at the lowest stages of civilisation than at somewhat higher stages,
-pp. 389-391.--Civilisation in its higher forms leads to monogamy,
-p. 391.--The moral valuation of the various forms of marriage,
-p. 392.--The assumed prevalence of group marriage in Australia,
-pp. 392-396.--The duration of marriage and the laws of divorce,
-pp. 396-398.
-
-
-CHAPTER XLI
-
-CELIBACY
-
-Marriage considered indispensable among savage and barbarous
-races of men, p. 399.--Celibacy a great exception and marriage
-regarded as a duty among peoples of archaic culture, pp. 399-403.
---Why celibacy is disapproved of, p. 403 _sq._--Modern views on
-celibacy, p. 404 _sq._--Celibacy of persons whose function it is
-to perform religious or magical rites, pp. 405-412.--Marriage
-looked down upon by the Essenes, p. 410.--By the Christians,
-pp. 410-412.--Religious celibacy due to the idea that the priestess
-is married to the god whom she is serving, pp. 412-414.--Goddesses
-jealous of the chastity of their priests, p. 414.--Religious
-celibacy connected with the idea that sexual intercourse is
-defiling, pp. 414-420.--Holiness easily destroyed by pollution,
-pp. 417-419.--Causes of religious celibacy among the Christians,
-p. 420 _sq._--Religious celibacy enjoined or commended as a means
-of self-mortification, p. 421.
-
-
-CHAPTER XLII
-
-FREE LOVE--ADULTERY
-
-Uncivilised peoples among whom both sexes enjoy perfect freedom
-previous to marriage, pp. 422-424.--Among whom unchastity before
-marriage is looked upon as a disgrace or a crime for a woman, p.
-424.--The wantonness of savages in several cases due to foreign
-influence, _ibid._--In many tribes the free intercourse which
-prevails between unmarried people not of a promiscuous nature,
-p. 424 _sq._--Uncivilised peoples among {xiv} whom the man who
-seduces a girl is subject to punishment or censure, pp. 425-427.
---Moral opinions as to sexual intercourse between unmarried people
-among the Chinese, p. 427.--Among the ancient Hebrews, p. 427 _sq._
---Among Muhammedan peoples, p. 428.--Among the Hindus, _ibid._--In
-Zoroastrianism, _ibid._--Among the ancient Teutons, p. 429.--In
-ancient Greece and Rome, pp. 429-431.--In Christianity, p. 431 _sq._
---During the Middle Ages, p. 432 _sq._--After the Reformation,
-p. 433.--In present Europe, p. 433 _sq._--Explanation of the moral
-ideas concerning sexual intercourse between unmarried people,
-pp. 434-443.--Prostitution, pp. 441-443.--Religious prostitution,
-connected with religious celibacy, p. 443 _sq._--Of the Babylonian
-type, pp. 444-446.--Moral opinions as to the seduction of a married
-woman, pp. 447-450.--As to unfaithfulness in a wife, p. 450 _sq._
---As to the remarriages of widows, _ibid._--As to unfaithfulness
-in a husband, pp. 451-455.
-
-
-CHAPTER XLIII
-
-HOMOSEXUAL LOVE
-
-Homosexual practices among the lower animals, p. 456.--Among
-various races of men, pp. 456-464.--Between women, p. 464
-_sq._--The causes of homosexual practices, pp. 465-471.--Congenital
-sexual inversion, p. 465 _sq._--Absence of the other sex or lack
-of accessible women, p. 466 _sq._--Acquired inversion, pp.
-467-470.--Homosexuality in ancient Greece partly due to the
-methods of training the youth, p. 469 _sq._--Partly due to the
-great gulf which mentally separated the sexes, p. 470
-_sq._--Causes of pederasty in China and Morocco, p. 471.--Moral
-ideas concerning homosexual practices, pp. 471-489.--Among
-uncivilised peoples, pp. 471-475.--Among the ancient Peruvians,
-p. 473 _sq._--Among the ancient Mexicans, Mayas, and Chibchas,
-p. 474.--Among Muhammedans, p. 475 _sq._--Among the Hindus,
-p. 476.--In China, p. 476 _sq._--In Japan, p. 477.--Among the
-ancient Scandinavians, p. 477 _sq._--In ancient Greece, p. 478
-_sq._--In Zoroastrianism, p. 479 _sq._--Among the ancient
-Hebrews, p. 480.--In early Christianity, p. 480 _sq._--In Pagan
-Rome, _ibid._--In Christian Rome, p. 481.--European legislation
-regarding homosexual practices during the Middle Ages and later,
-p. 481 _sq._--Modern legislation on the subject, p. 482
-_sq._--Moral ideas concerning it in present Europe, p. 483.--Why
-homosexual practices are frequently subject to censure, p. 483
-_sq._--Criticism of Dr. Havelock Ellis's suggestion as to the
-popular attitude towards homosexuality, pp. 484-486.--The
-excessive sinfulness attached to homosexual practices by
-Zoroastrianism, Hebrewism, and Christianity, due to the fact that
-such practices were intimately associated with unbelief,
-idolatry, or heresy, pp. 486-489.
-
-
-CHAPTER XLIV
-
-REGARD FOR THE LOWER ANIMALS
-
-Animals treated with deference for superstitious reasons, pp.
-490-493.--Butchers regarded as unclean, p. 493.--Many peoples
-averse from killing their cattle from economic motives, p. 493
-_sq._--Domestic animals treated kindly by savages out of
-sympathy, pp. 494-496.--Savages who are said to be lacking in
-sympathy for the brute creation, {xv} p. 496.--Moral valuation of
-men's conduct towards the lower animals among savages, p. 496
-_sq._--In Brahmanism, p. 497.--In Buddhism, pp. 497, 498,
-500.--In Jainism, p. 498 _sq._--In Taouism, p. 499.--In China,
-p. 499 _sq._--In Japan, p. 500.--In Zoroastrianism, p. 501 _sq._
---In Muhammedanism, p. 502 _sq._--In ancient Greece and Rome,
-pp. 503-505.--In Hebrewism, p. 505 _sq._--In Christianity,
-pp. 506-508.--The views of modern philosophers, p. 508.--Of
-legislators, p. 508 _sq._--Indifference to animal suffering a
-characteristic of public opinion in European countries up to
-quite modern times, p. 509 _sq._--Laws against cruelty to
-animals, p. 510.--Humane feelings towards animals in Europe, pp.
-510-512.--The crusade against vivisection, pp. 512-514.--Explanation
-of the increasing sympathy with animal suffering in Europe,
-p. 512 _sq._--The influence of human thoughtlessness upon the
-treatment of the lower animals and upon the moral ideas relating
-to it, pp. 512-514.
-
-
-CHAPTER XLV
-
-REGARD FOR THE DEAD
-
-The belief in a future life, p. 515 _sq._--Notions as regards the
-disembodied soul, p. 516.--The dead considered to have rights
-very similar to those they had whilst alive, pp. 516-520.--The
-soul must not be killed or injured, p. 516 _sq._--Its living
-friends must positively contribute to its comfort and
-subsistence, p. 517 _sq._--The right of ownership does not cease
-with death, p. 518 _sq._--Robbery or violation committed at a
-tomb severely condemned, _ibid._--Respect must be shown for the
-honour and self-regarding pride of the dead, p. 519.--The dead
-demand obedience, p. 519 _sq._--The sacredness attached to a
-will, p. 519.--The rigidity of ancestral custom, p. 519
-_sq._--Duties to the dead that arise from the fact of death
-itself, pp. 520-524.--The funeral, the rites connected with it,
-and the mourning customs, largely regarded as duties to the dead,
-_ibid._--The duties to the dead influenced by the relationship
-between the parties, p. 524 _sq._--By the age and sex of the
-departed, pp. 525-527.--By class distinctions, p. 527.--By moral
-distinctions, p. 527 _sq._--The causes from which the duties to
-the dead have sprung, pp 528-549.--These duties partly based on
-sympathetic resentment, p. 528.--The dead regarded as guardians
-of their descendants, p. 529 _sq._--But the ancestral guardian
-spirit does not bestow his favours for nothing, p. 530 _sq._--The
-dead more commonly regarded as enemies than friends, pp. 531-534.
---Explanation of the belief in the irritable or malevolent
-character of the dead, p. 534 _sq._--The fear of death and the
-fear of the dead, pp. 535-538.--The conduct of the survivors
-influenced by their beliefs regarding the character, activity,
-and polluting influence of the dead, pp. 538-546.--The origin of
-funeral and mourning customs, pp. 541-547.--Why practices
-connected with death which originally sprang from
-self-regarding motives have come to be enjoined as duties, p. 547
-_sq._--Why the duties to the dead are rarely extended to
-strangers, p. 548 _sq._--Explanation of the differences in the
-treatment of the dead which depend upon age, sex, social
-position, and moral distinctions, p. 549.--The duties to the
-departed become less stringent as time goes on, p. 549 _sq._--The
-duties to the dead affected by progress in intellectual culture,
-pp. 550-552.--The funeral sacrifice continued as a mark of
-respect or affection, p. 550.--Offerings made to the dead become
-alms given to the poor, pp. 550-552.
-
-
-{xvi} CHAPTER XLVI
-
-CANNIBALISM
-
-The prevalence of cannibalism, p. 553.--Various forms of it,
-p. 554.--Cannibalism due to scarcity or lack of animal food,
-p. 555.--To _gourmandise_ pp. 555-557.--To revenge, pp. 557-559.
---The practice of eating criminals, p. 558 _sq._--Cannibalism
-a method of making a dangerous individual harmless after death,
-p. 559 _sq._--Due to the idea that the cannibal, by eating the
-supposed seat of a certain quality in a person, incorporates it
-with his own system, pp. 560-562.--Cannibalism in connection with
-human sacrifice, p. 562 _sq._--The eating of man-gods, p. 563
-_sq._--Other instances in which a supernatural or medicinal effect
-is ascribed to human flesh or blood, pp. 564-566.--Cannibalism as
-a covenant rite, p. 566 _sq._--Special reasons given for the
-practice of eating relatives or friends, pp. 567-569.--The
-cannibalism of modern savages represented as the survival of an
-ancient practice which was once universal in the human race,
-p. 569 _sq._--Criticism of this theory pp. 570-580.--Savages who
-feel the greatest dislike of cannibalism, p. 570 _sq._--Cannibals
-often anxious to deny that they are addicted to this practice,
-p. 572.--The rapid extinction of it among certain savages p. 572
-_sq._--Even among peoples very notorious for cannibalism there
-are individuals who abhor it, p. 573.--The aversion to cannibalism
-may be due to sympathy for the dead, p. 574.--In the first instance
-it is probably an instinctive feeling akin to those feelings which
-regulate the diet of the various animal species, _ibid._--The eating
-of human flesh regarded with superstitious dread, pp. 574-576.--The
-feeling of reluctance may be overcome by other motives and may be
-succeeded by a taste for human flesh, p. 577 _sq._--Early man
-probably not addicted to cannibalism, pp. 578-580.--Cannibalism
-much less prevalent among the lowest savages than among races
-somewhat more advanced in culture, p. 578 _sq._--Among some
-savages cannibalism known to be of modern origin or to have
-spread in recent times, p. 579 _sq._--The moral valuation of
-cannibalism, p. 580 _sq._
-
-
-CHAPTER XLVII
-
-THE BELIEF IN SUPERNATURAL BEINGS
-
-Distinction between "natural" and "supernatural" phenomena, p. 582
-_sq._--Supernatural mechanical energy, p. 583 _sq._--Supernatural
-qualities attributed to the mental constitution of animate
-beings, especially to their will, p. 584.--The difference between
-religion and magic, _ibid._--The meaning of the word _religio_,
-pp. 584-586.--That mystery is the essential characteristic of
-supernatural beings is testified by language, p. 586 _sq._--This
-testimony corroborated by facts referring to the nature of such
-objects or individuals as are most commonly worshipped, pp.
-587-593.--Startling events ascribed to the activity of invisible
-supernatural agents, p. 593 _sq._--The origin of animism, p. 594
-_sq._--A mind presupposes a body, p. 595 _sq._--The animist who
-endows an inanimate object with a soul regards the visible thing
-itself as its body, p. 596 _sq._--The origin of anthropomorphism,
-p. 597 _sq._--The difference between men and gods, p. 599.
---Materiality at last considered a quality not becoming to a
-god, pp. 599-601.
-
-
-{xvii} CHAPTER XLVIII
-
-DUTIES TO GODS
-
-Definition of the term "god," p. 602.--Gods have the rights to
-life and bodily integrity, pp. 602-604.--Not necessarily
-considered immortal, p. 602 _sq._--The killing of totemic
-animals, p. 603 _sq._--Divine animals killed as a religious or
-magical ceremony, pp. 604-606.--The killing of man-gods or divine
-kings, pp. 606-610.--The right to bodily integrity granted to
-gods occasionally suspended, p. 610.--Supernatural beings
-believed to be subject to human needs, p. 610 _sq._--To require
-offerings, p. 611 _sq._--Sacrificial gifts offered to
-supernatural beings with a view to averting evils, pp. 612-614.
---With a view to securing positive benefits, pp. 614-616.
---Thank-offerings, p. 615 _sq._--Sacrificial victims
-intended to serve as substitutes for other individuals, whose
-lives are in danger, pp. 616-618.--Occasionally regarded as
-messengers, p. 618.--Sacrifices offered for the purpose of
-transferring curses, pp. 618-624.--The covenant sacrifice,
-pp. 622-624.--The sacrificial victim or offered article a vehicle
-for transferring benign virtue to him who offered it or to other
-persons, p. 624 _sq._--Sacrifice becomes a symbol of humility and
-reverence, p. 625 _sq._--Sacrifice as a duty, p. 626.--Supernatural
-beings possess property, and this must not be interfered with,
-p. 626 _sq._--Sacred objects must not be appropriated for ordinary
-purposes, p. 627 _sq._--The right of sanctuary, pp. 628-638.--Its
-prevalence, pp. 628-634.--Explanation of this right, pp. 634-638.
-
-
-CHAPTER XLIX
-
-DUTIES TO GODS (_concluded_)
-
-Supernatural beings sensitive to insults and disrespect, p. 639
-_sq._--Irreverence to gods punished by men, _ibid._--The names of
-supernatural beings tabooed, pp. 640-643.--Explanation of these
-taboos, p. 642 _sq._--Atheism, p. 643 _sq._--Unbelief, pp.
-644-646.--Heresy, p. 646 _sq._--Polytheism by nature tolerant,
-pp. 647-649.--The difference in toleration between monotheistic
-and polytheistic religions shows itself in their different
-attitudes towards witchcraft, pp. 649-652.--The highest stage of
-religion free from intolerance, p. 652 _sq._--Prayer a tribute to
-the self-regarding pride of the god to whom it is addressed, pp.
-653-655.--Prayers connected with offerings, p. 655 _sq._--Magic
-efficacy ascribed to prayer, pp. 656-659.--Gods demand obedience,
-p. 659.--The influence of this demand upon the history of morals,
-p. 659 _sq._--Explanation of the obligatory character attached to
-men's conduct towards their gods, pp. 660-662.
-
-
-CHAPTER L
-
-GODS AS GUARDIANS OF MORALITY
-
-The supernatural beings of savage belief frequently described as
-utterly indifferent to all questions of worldly morality, pp.
-663-665.--The gods of many savages mostly intent on doing harm to
-mankind, pp. 665-667.--Adoration of supernatural beings which are
-considered at least occasionally beneficent also very prevalent
-among uncivilised peoples, {xviii} pp. 667-669.--Their
-benevolence, however, does not prove that they take an active
-interest in morality at large, p. 669.--Instances in which savage
-gods are supposed to punish the transgression of rules relating
-to worldly morality, pp. 669-687.--Savages represented as
-believing in the existence of a supreme being who is a moral
-law-giver or judge, pp. 670-687.--The prevalence of such a belief
-in Australia, pp. 670-675.--In Polynesia and Melanesia,
-p. 675.--In the Malay Archipelago, p. 675 _sq._--In the Andaman
-Islands, p. 676.--Among the Karens of Burma, p. 677.--In India,
-p. 677 _sq._--Among the Ainu of Japan, p. 678.--Among the
-Samoyedes, _ibid._--Among the Greenlanders, _ibid._--Among the
-North American Indians, pp. 679-681.--Among the South American
-Indians, p. 681 _sq._--In Africa, pp. 682-685.--Explanation of
-this belief, pp. 685-687.--The supreme beings of savages invoked
-in curses or oaths, p. 686 _sq._--The oath and ordeal do not
-involve a belief in the gods as vindicators of truth and justice,
-pp. 687-690.--The ordeal essentially a magical ceremony,
-_ibid._--Ordeals which have a different origin, p. 690.--The
-belief in a moral retribution after death among savages,
-pp. 690-695.--The sources to which it may be traced, pp. 691-695.
---The influence of religion upon the moral consciousness
-of savages, p. 695 _sq._
-
-
-CHAPTER LI
-
-GODS AS GUARDIANS OF MORALITY (_continued_)
-
-The attitude of religion towards matters of worldly morality in
-ancient Mexico, p. 697 _sq._--In ancient Peru, p. 698.--In
-ancient Egypt, pp. 698-701.--In ancient Chaldea, pp. 701-704.--In
-Zoroastrianism, pp. 704-706.--Among the Vedic people, pp.
-706-709.--In post-Vedic times in India, pp. 709-711.--In
-Buddhism, p. 711 _sq._--In China, p. 712 _sq._--In ancient
-Greece, pp. 713-716.--In ancient Rome, p. 716 _sq._--Among the
-Hebrews, p. 717 _sq._--Christian doctrines of salvation and the
-future life, pp. 718-725.--The attitude of Muhammedanism towards
-matters of worldly morality and its doctrine of the future life,
-pp. 725-727.
-
-
-CHAPTER LII
-
-GODS AS GUARDIANS OF MORALITY (_concluded_)
-
-Explanation of the malevolence of savage gods, p. 728 _sq._--Of
-the growing tendency to attribute more amiable qualities to the
-gods, pp. 729-731.--Men selecting their gods, p. 729 _sq._--The
-good qualities of gods magnified by their worshippers, p. 730
-_sq._--How various departments of social morality have come to be
-placed under the supervision of gods, p. 731 _sq._--How the
-guardianship of gods has been extended to the whole sphere of
-justice, p. 732.--How gods have become guardians of morality at
-large, p. 733 _sq._--The influence of the religious sanction of
-morality, p. 734 _sq._--Religious devotion frequently accompanied
-by great laxity of morals, pp. 735-737.--Greater importance
-attached to ceremonies or the niceties of belief than to good
-behaviour towards fellow men, p. 736 _sq._--The religious
-sanction of moral rules often leads to an external observance of
-these rules from purely selfish motives, p. 737.--The moral
-influence of Christianity, _ibid._
-
-
-{xix} CHAPTER LIII
-
-CONCLUSION
-
-Recapitulation of the theory of the moral consciousness set forth
-in vol. I., pp. 738-741.--This theory supported by the fact that
-not only moral emotions but non-moral retributive emotions are
-felt with reference to phenomena exactly similar in their general
-nature to those on which moral judgments are passed, p.
-741.--As also by the circumstance that the very acts, forbearances,
-and omissions which are condemned as wrong are also apt to call
-forth anger and revenge, and that the acts and forbearances which
-are praised as morally good are apt to call forth gratitude, p. 741
-_sq._--The variations of the moral ideas partly due to different
-external conditions, p. 742.--But chiefly to psychical causes,
-pp. 742-746.--The duties to neighbours have gradually become more
-expansive owing to the expansion of the altruistic sentiment,
-p. 743 _sq._--The influence of reflection upon moral judgments has
-been increasing, p. 744 _sq._--The influence of sentimental
-antipathies and likings has been decreasing, _ibid._--The
-influence which the belief in supernatural forces or beings or in
-a future state has exercised upon the moral ideas of mankind,
-p. 745 _sq._--Remarks as to the future development of the moral
-ideas, p. 746.
-
-
-ADDITIONAL NOTES . . . pp. 747-754
-
-
-AUTHORITIES QUOTED . . pp. 755-835
-
-
-SUBJECT INDEX . . .  . pp. 837-865
-
-
-
-
-THE ORIGIN AND DEVELOPMENT OF THE MORAL IDEAS
-
-
-
-
-CHAPTER XXVIII
-
-THE RIGHT OF PROPERTY
-
-
-THE right of property implies that a certain person or certain
-persons are recognised as having a right to the exclusive
-disposal of a certain thing. The owner is not necessarily allowed
-to do with his property whatever he likes; but whether absolute
-or limited, his right to disposal is not shared by anybody else,
-save under very exceptional circumstances, as in the case of
-"compulsion by necessity."[1] Property in a thing thus means not
-only that the owner of it is allowed, at least within certain
-limits, to use or deal with it at his discretion, but also that
-other persons are forbidden to prevent him from using or dealing
-with it in any manner he is entitled to.
-
-[Footnote 1: _Supra_, i. 285 _sqq._]
-
-The most common offence against property is illicit appropriation
-of other persons' belongings. Not the mere fact that individuals
-are in actual possession of certain objects, but the public
-disapproval of acts by which they are deprived of such
-possession, shows that they have proprietary rights over those
-objects. Hence the universal condemnation of what we call theft
-or robbery proves that the right of property exists among all
-races of men known to us.
-
-{2} Travellers often accuse savages of thievishness.[2] But then
-their judgments are commonly based upon the treatment to which
-they have been subject themselves, and from this no conclusions
-must be drawn as regards intra-tribal morality. Nor can races who
-have had much to do with foreigners be taken as fair
-representatives of savage honesty, as such contact has proved the
-origin of thievish propensities.[3] In the majority of cases
-uncivilised peoples seem to respect proprietary rights within
-their own communities, and not infrequently even in their
-dealings {3} with strangers. Many of them are expressly said to
-condemn or abhor theft, at any rate when committed among
-themselves. And that all of them disapprove of it may be inferred
-from the universal custom of subjecting a detected thief to
-punishment or revenge, or, at the very least, of compelling him
-to restore the stolen property to its owner.
-
-[Footnote 2: Beni, 'Notizie sopra gli indigeni di Mexico,' in
-_Archivio per l'antropologia e la etnologia_, xii. 15 (Apaches).
-Burton, _City of the Saints_, p. 125 (Dacotahs and Prairie
-Indians). Powers, _Tribes of California_, p. 127 (Yuki). Macfie,
-_Vancouver Island and British Columbia_, p. 468. Heriot, _Travels
-through the Canadas_, p. 22 (Newfoundland Eskimo). Coxe, _Russian
-Discoveries between Asia and America_, p. 300 (Kinaighi). Georgi,
-_Russia_, iv. 22 (Kalmucks), 133 (Buriats). Scott Robertson,
-_Káfirs of the Hindu-Kush_, p. 193 _sq._ Modigliani, _Viaggio a
-Nías_, p. 468. Powell, _Wanderings in a Wild Country_, p. 23
-(South Sea Islanders). Romilly, _From my Verandah in New Guinea_,
-p. 50; Comrie, 'Anthropological Notes on New Guinea,' in _Jour.
-Anthr. Inst._ vi. 109 _sq._ de Labillardière, _Voyage in Search
-of La Pérouse_, i. 275; Moseley, _Notes by a Naturalist on the
-"Challenger,"_ p. 391 (Admiralty Islanders). Brenchley, _Jottings
-during the Cruise of H.M.S. Curaçoa_, p. 58 (natives of Tutuila).
-Lisiansky, _Voyage round the World_, p. 88 _sq._ (Nukahivans).
-Williams, _Missionary Enterprises in the South Sea Islands_, p.
-126 (natives of Rarotonga). Cooke, _Journal of a Voyage round the
-World_, p. 40; Montgomery, _Journal of Voyages and Travels by
-Tyerman and Bennet_, ii. 11 (Society Islanders). Barrington,
-_History of New South Wales_, p. 22; Breton, _Excursions in New
-South Wales_, p. 221; Collins, _Account of the English Colony in
-New South Wales_, i. 599 _sq._; Hodgson, _Reminiscences of
-Australia_, p. 79; Mitchell, _Expeditions into the Interior of
-Eastern Australia_, i. 264, 304; Lumholtz, _Among Cannibals_,
-p. 71 _sq._ (Australian tribes). Reade, _Savage Africa_, p. 579
-(West African Negroes). Bosman, _Description of the Coast of
-Guinea_, p. 324 _sq._ (Negroes of Fida and the Gold Coast).
-Caillié, _Travels through Central Africa_, i. 353 (Mandingoes).
-Beltrame, _Il Fiume Bianco_, p. 83 (Shilluk). Wilson and Felkin,
-_Uganda and the Egyptian Soudan_, ii. 310 (Gowane people of
-Kordofan). Krapf, _Travels, Researches and Missionary Labours in
-Eastern Africa_, p. 355 (Wakamba). Burton, _Zanzibar_, ii. 92
-(Wanika). Bonfanti, 'L'incivilimento dei negri nell' Africa
-intertropicale,' in _Archivio per l'antropologia e la etnologia_,
-xv. 133 (Bantu races). Arbousset and Daumas, _Exploratory Tour to
-the North-East of the Colony of the Cape of Good Hope_, p. 323
-(Bechuanas). Andersson, _Lake Ngami_, pp. 468 _sq._ (Bechuanas),
-499 (Bayeye). Leslie, _Among the Zulus and Amatongas_, p. 256.
-Fritsch, _Die Eingeborenen Süd-Afrika's_, pp. 53 (Kafirs), 372,
-419 (Hottentots and Bushmans).]
-
-[Footnote 3: Domenech, _Great Deserts of North America_, ii. 321.
-Mackenzie, _Voyages to the Frozen and Pacific Oceans_, p. xcvi.
-note (Crees). Burton, _Highlands of the Brazil_, i. 403 _sq._
-Moorcroft and Trebeck, _Travels in the Himalayan Provinces_, i.
-321 (Ladakhis). Anderson, _Mandalay to Momien_, p. 151
-(Kakhyens). Earl, _Papuans_, p. 80. Tyler, _Forty Years among the
-Zulus_, p. 192.]
-
-The Fuegians have shown themselves enterprising thieves on board
-European vessels visiting their shores;[4] but, when presents
-were given to them, a traveller noticed that "if any present was
-designed for one canoe, and it fell near another, it was
-invariably given to the right owner."[5] The boys are taught by
-their fathers not to steal;[6] and in case a theft has been
-committed, "quand le coupable est découvert et chatié, l'opinion
-publique est satisfaite."[7] In his dealings with the Tehuelches
-Lieutenant Musters was always treated with fairness, and the
-greatest care was taken of his belongings, though they were
-borrowed at times. He gives the following advice to the
-traveller:--"Never show distrust of the Indians; be as free with
-your goods and chattels as they are to each other. . . . As you
-treat them so they will treat you."[8] Among the Abipones doors,
-locks, and other things with which civilised men protect their
-possessions from thieves, were as unnecessary as they were
-unknown; and if children pilfered melons grown in the gardens of
-the missionaries or chickens reared in their houses, "they
-falsely imagined that these things were free to all, or might be
-taken not much against the will of the owner."[9] Among the
-Brazilian Indians theft and robbery were extremely rare, and are
-so still in places where strangers have not settled.[10] We are
-told that the greatest insult which could be offered to an Indian
-was to accuse him of stealing, and that the wild women preferred
-the epithet of a prostitute to that of a {4} thief.[11] When
-detected a thief was not only obliged to restore the property he
-had stolen, but was punished with stripes and wounds, the chief
-often acting as executioner.[12] Among the Indians of British
-Guiana theft and pilfering rarely occur; "if they happen to take
-anything, they do it before one's eyes, under the notion of
-having some claim to it, which, when called to an account, they
-are always prepared to substantiate."[13] If anything is stolen
-from his house during his absence, the Guiana Indian thinks that
-the missing article has been carried off by people of some other
-race than his own.[14] Formerly, when the Caribs lost anything,
-they used to say, "The Christians have been here."[15] In Hayti
-the punishment of a thief was to be eaten.[16]
-
-[Footnote 4: Weddell, _Voyage towards the South Pole_, pp. 151,
-154, 182. King and Fitzroy, _Voyages of the "Adventure" and
-"Beagle,"_ i. 128; ii. 188.]
-
-[Footnote 5: Darwin, _Journal of Researches_, p. 242. See also
-Snow, 'Wild Tribes of Tierra del Fuego,' in _Jour. Ethn. Soc.
-London_, N.S. i. 264.]
-
-[Footnote 6: Bridges, in _A Voice for South America_, xiii.
-204.]
-
-[Footnote 7: Hyades and Deniker, _Mission scientifique du Cap
-Horn_, vii. 243.]
-
-[Footnote 8: Musters, _At Home with the Patagonians_, pp. 195,
-197 _sq._]
-
-[Footnote 9: Dobrizhoffer, _Account of the Abipones_, ii. 148
-_sq._]
-
-[Footnote 10: von Martius, _Beiträge zur Ethnographie Amerika's_,
-i. 85, 87 _sq._ _Idem_, in _Jour. Roy. Geo. Soc._ ii. 196. von
-Spix and von Martius, _Travels in Brazil_, ii. 242. Southey,
-_History of Brazil_, i. 247. von den Steinen, _Unter den
-Naturvölkern Zentral-Brasiliens_, p. 332. Burton, _Highlands of
-the Brazil_, i. 403 _sq._]
-
-[Footnote 11: Burton, _Highlands of the Brazil_, i. 404.]
-
-[Footnote 12: von Martius, _Beiträge_, i. 88. _Idem_, in _Jour.
-Roy. Geo. Soc._ ii. 196.]
-
-[Footnote 13: Bernau, _Missionary Labours in British Guiana_,
-p. 51.]
-
-[Footnote 14: Brett, _Indian Tribes of Guiana_, p. 348.]
-
-[Footnote 15: Kames, _Sketches of the History of Man_, iv. 133
-_sq._]
-
-[Footnote 16: von Martius, _Beiträge_, i. 88, n.*]
-
-It is known that many North American tribes had a very high
-standard of honesty among themselves. Domenech wrote:--"The
-Indians who do not come in contact with the Palefaces never
-appropriate what belongs to others; they have no law against
-theft, as it is a crime unknown among them. They never close
-their doors."[17] According to Colonel Dodge, theft was the sole
-unpardonable crime amongst them; a man found guilty of stealing
-even the most trifling article from a member of his own band was
-whipped almost to death, deprived of his property, and together
-with his wives and children driven away from the band to starve
-or live as best he could.[18] Among the Rocky Mountains Indians
-visited by Harmon theft was frequently punished with death.[19]
-Among the Omahas, "when the suspected thief did not confess his
-offence, some of his property was taken from him until he told
-the truth. When he restored what he had stolen, one-half of his
-own property was returned to him, and the rest was given to the
-man from whom he had stolen. Sometimes all of the policemen
-whipped the thief. But when the thief fled from the tribe, and
-remained away for a year or two, the offence was not
-remembered."[20] Among the Wyandots the punishment for theft is
-twofold restitution.[21] The Iroquois looked down upon {5} theft
-with the greatest disdain, although the lash of public
-indignation was the only penalty attached to it.[22] The
-Potawatomis considered it one of the most atrocious crimes.[23]
-Among the Chippewas Keating found a few individuals who were
-addicted to thieving, but these were held in disrepute.[24]
-Richardson praises the Chippewyans for their honesty, no
-precautions for the safety of his and his companions property
-being required during their stay among  them.[25] Mackenzie was
-struck by the remarkable honesty of the Beaver Indians; "in the
-whole tribe there were only two women and a man who had been known
-to have swerved from that virtue, and they were considered as
-objects of disregard and reprobation."[26] Among the Ahts
-"larceny of a fellow-tribesman's property is rarely heard of,
-and the aggravation of taking it from the house or person is
-almost unknown"; nay, "anything left under an Indian's charge,
-in reliance on his good faith, is perfectly safe."[27] The
-Thlinkets generally respect the property of their fellow-tribesmen;
-but although they admit that theft is wrong they do not regard it
-as a very serious offence, which disgraces the perpetrator, and
-if a thief is caught he is only required to return the stolen
-article or to pay its value.[28] Among the Aleuts "theft was not
-only a crime but a disgrace"; for the first offence of this kind
-corporal punishment was inflicted, for the fourth the penalty was
-death.[29] According to Egede, the Greenlanders had as great an
-abhorrence of stealing among themselves as any nation upon
-earth;[30] according to Cranz, they considered such an act
-"excessively disgraceful."[31] Similar views still prevail among
-them, as also among other Eskimo tribes.[32] A Greenlander never
-touches driftwood which another {6} has placed above high-water
-mark, though it would often be easy to appropriate it without
-fear of detection.[33] Parry states that, during his stay at
-Igloolik and Winter Island, a great many instances occurred in
-which the Eskimo scrupulously returned articles that did not
-belong to them, even though detection of a theft, or at least
-of the offender, would have been next to impossible.[34]
-
-[Footnote 17: Domenech, _op. cit._ ii. 320.]
-
-[Footnote 18: Dodge, _Our Wild Indians_, pp. 64, 79. _Cf._
-Charlevoix, _Journal of a Voyage to North America_, ii. 26, 28
-(Hurons).]
-
-[Footnote 19: Harmon, _Voyages and Travels in the Interior of
-North America_, p. 348.]
-
-[Footnote 20: Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur.
-Ethn._ iii. 367.]
-
-[Footnote 21: Powell, 'Wyandot Government,' in _Ann. Rep. Bur.
-Ethn._ i. 66.]
-
-[Footnote 22: Colden, in Schoolcraft, _Indian Tribes of the
-United States_, iii. 191. Morgan, _League of the Iroquois_, p.
-333 _sq._ Loskiel, _History of the Mission of the United Brethren
-among the Indians_, i. 16.]
-
-[Footnote 23: Keating, _Expedition to the Source of St. Peter's
-River_, i. 127.]
-
-[Footnote 24: _Ibid._ ii. 168.]
-
-[Footnote 25: Richardson, _Arctic Searching Expedition_, ii. 19 _sq._]
-
-[Footnote 26: Mackenzie, _Voyages to the Frozen and Pacific
-Oceans_, p. 148.]
-
-[Footnote 27: Sproat, _Scenes and Studies of Savage Life_, p. 159.]
-
-[Footnote 28: Krause, _Die Tlinkit-Indianer_, p. 167. Holmberg,
-'Ethnographische Skizzen über die Völker des russischen Amerika,'
-in _Acta Soc. Scient. Fennicæ_, iv. 322. Petroff, _Report on
-Alaska_, p. 170. Dall, _Alaska_, p. 416.]
-
-[Footnote 29: Veniaminof, quoted by Petroff, _op. cit._ pp. 155, 152.]
-
-[Footnote 30: Egede, _Description of Greenland_, p. 124. See also
-Dalager, _Grønlandske Relationer_, p. 69.]
-
-[Footnote 31: Cranz, _History of Greenland_, 160.]
-
-[Footnote 32: Nansen, _First Crossing of Greenland_, ii. 335. _Idem_,
-_Eskimo Life_, p. 158. Rink, _Danish Greenland_, p. 224. Hall,
-_Arctic Researches_, pp. 567, 571. Richardson, _Arctic Searching
-Expedition_, i. 352. Parry, _Second Voyage for the Discovery of a
-North-West Passage_, p. 522; Lyon, _Private Journal_, p. 347 (Eskimo of
-Igloolik). Seemann, _Voyage of "Herald,"_ ii. 65 (Western Eskimo).
-Nelson, 'Eskimo about Bering Strait,' in _Ann. Rep. Bur. Ethn._ xviii. 293.
-Among the Point Barrow Eskimo, however, "men who were said to be thieves
-did not appear to lose any social consideration" (Murdoch, 'Ethnological
-Results of the Point Barrow Expedition,' in _Ann. Rep. Bur. Ethn._
-ix. 41).]
-
-[Footnote 33: Nansen, _Eskimo Life_, p. 162.]
-
-[Footnote 34: Parry, _op. cit._ p. 521.]
-
-Among the Chukchi it is held criminal to thieve "in the family and race to
-which a person belongs";[35] and incorrigible thieves are sometimes
-banished from the village.[36] In Kamchatka, if anybody was found to be a
-thief he was beaten by the person from whom he had stolen, without being
-allowed to make resistance, and no one would ever after be friends with
-him.[37] The three principal precepts of the Ainu are to honour old age,
-not to steal, not to lie;[38] theft is also uncommon among them, and is
-severely punished.[39] Among the Kirghiz "whoever commits a robbery on
-any of the nation must make restitution to nine times the value."[40]
-Among the Tunguses a thief is punished by a certain number of strokes;
-he is besidesobliged to restore the things stolen, and remains covered
-with ignominy all the rest of his life.[41] The Jakuts,[42]
-Ostyaks,[43] Mordvins[44] Samoyedes,[45] and Lapps,[46] are
-praised for their honesty, at least among their own people; and
-so are the Butias,[47] Kukis,[48] Santals,[49] the hill people in
-the Central Provinces of India,[50] and the Chittagong Hill
-tribes.[51] The Kurubars of the Dekhan are of such known honesty,
-that on all occasions they are entrusted with the custody of
-produce by the farmers, who know that they would rather starve
-than take one grain of what was given them in {7} charge.[52]
-"Honest as a Pahari," is a proverbial expression. In fact, among
-these mountaineers theft is almost unknown, and the men "carry
-treasures, which to them would be priceless, for days and days,
-along wild mountain tracks, whence at any moment they might
-diverge, and never be traced. Even money is safely entrusted to
-them, and is invariably delivered into the right hands."[53]
-Harkness says of the Todás:--"I never saw a people, civilised or
-uncivilised, who seemed to have a more religious respect for the
-rights of _meum et tuum_. This feeling is taught to their
-children from the tenderest age."[54] Among the Chukmas "theft is
-unknown."[55] Among the Karens habitual thieves are sold into
-slavery.[56] Among the Shans theft of valuable property is
-punishable with death, though it may be expiated by a money
-payment; but in cases of culprits who cannot pay, or whose
-relatives cannot pay, death is looked upon as a fitting
-punishment even for petty thefts.[57] At Zimmé, "if a theft is
-proved, three times the value of the article is decreed to the
-owner; and if not paid, the offender, after suffering
-imprisonment in irons, is made over with his family, to be dealt
-with as in cases of debt."[58] Among the hill tribes of North
-Aracan a person who commits theft is bound to return the property
-or its value and pay a fine not exceeding Rs. 30.[59] Among the
-Kandhs, on the other hand, the restitution of the property
-abstracted or the substitution of an equivalent is alone required
-by ancient usage; but this leniency extends to the first offence
-only, a repetition of it being followed by expulsion from the
-community.[60] The Andaman Islanders call theft a _y[=u]bda_, or
-sin.[61] Among those Veddahs who live in their natural state,
-theft and robbery are not known at all.[62] They think it
-perfectly inconceivable that any person should ever take that
-which does not belong to him,[63] and death only would, in their
-opinion, be the punishment for such an offence.[64]
-
-[Footnote 35: Georgi, _op. cit._ iii. 183.]
-
-[Footnote 36: Dall, _op. cit._ p. 382.]
-
-[Footnote 37: Steller, _Beschreibung von Kamtschatka_, p. 356.
-See also _supra_, i. 311 _sq._]
-
-[Footnote 38: von Siebold, _Die Aino auf der Insel Yesso_, p. 25.]
-
-[Footnote 39: _Ibid._ pp. 11, 34 _sq._ See also _supra_, i. 312.]
-
-[Footnote 40: Georgi, _op. cit._ ii. 262.]
-
-[Footnote 41: _Ibid._ iii. 83 _sq._ _Cf._ _ibid._ iii. 78.]
-
-[Footnote 42: _Ibid._ ii. 397. Sauer, _Expedition to the Northern
-Parts of Russia_, p. 122.]
-
-[Footnote 43: Castrén, _Nordiska resor och forskningar_, i. 319.]
-
-[Footnote 44: Georgi, _op. cit._ i. 113.]
-
-[Footnote 45: _Ibid._ iii. 13. von Struve, in _Das Ausland_,
-1880, p. 796.]
-
-[Footnote 46: Jessen, _Afhandling om de Norske Finners og Lappers
-Hedenske Religion_, p. 72. Castrén, _op. cit._ i. 118 _sq._]
-
-[Footnote 47: Fraser, _Tour through the Him[=a]l[=a] Mountains_,
-p. 335.]
-
-[Footnote 48: Lewin, _Wild Races of South-Eastern India_, p. 256.
-_Cf._ Butler, _Travels in Assam_, p. 94.]
-
-[Footnote 49: Man, _Sonthalia_, p. 20.]
-
-[Footnote 50: Hislop, _Papers relating to the Aboriginal Tribes
-of the Central Provinces_, p. 1.]
-
-[Footnote 51: Lewin, _Wild Races of South-Eastern India_, p. 341.]
-
-[Footnote 52: Buchanan, quoted by Elliot, 'Characteristics of the
-Population of Central and Southern India,' in _Jour. Ethn. Soc.
-London_, N.S. i. 105.]
-
-[Footnote 53: Cumming, _In the Himalayas_, p. 356.]
-
-[Footnote 54: Harkness, _Description of a Singular Aboriginal
-Race inhabiting the Neilgherry Hills_, p. 17 _sq._]
-
-[Footnote 55: Lewin, _Wild Races of South-Eastern India_, p. 188.]
-
-[Footnote 56: Mason, 'Dwellings, &c., of the Karens,' in _Jour.
-Asiatic Soc. Bengal_, xxxvii. pt. ii. p. 146 _sq._ Smeaton,
-_Loyal Karens of Burma_, p. 86.]
-
-[Footnote 57: Woodthorpe, in _Jour. Anthr. Inst._ xxvi. 21.]
-
-[Footnote 58: Colquhoun, _Amongst the Shans_, p. 131.]
-
-[Footnote 59: St. John, in _Jour. Anthr. Inst._ ii. 241.]
-
-[Footnote 60: Macpherson, _Memorials of Service in India_, p.  82.]
-
-[Footnote 61: Man, in _Jour. Anthr. Inst._ xii. 112.]
-
-[Footnote 62: Sarasin, _Ergebnisse naturwissenschaftlicher
-Forschungen auf Ceylon_, iii. 548. Deschamps, _Carnet d'un
-voyageur_, p. 385. Nevill, 'Vaeddas of Ceylon,' in _Taprobanian_,
-i. 192.]
-
-[Footnote 63: Hartshorne, 'Weddas,' in _Indian Antiquary_, viii. 320.]
-
-[Footnote 64: Sarasin, _op. cit._ iii. 549.]
-
-{8} In the Malay Archipelago native custom punishes theft with a
-fine, most frequently equivalent to twice the value of the stolen
-article,[65] or with slavery,[66] mutilation,[67] or even
-death;[68] and in many islands it was lawful to kill a thief
-caught in the act.[69] Among the Malays of Perak,[70] Dyaks,[71]
-Kyans,[72] Bataks,[73] and the natives of Ambon and Uliase,[74]
-theft is said to be unknown or almost so, at least within their
-own communities.
-
-[Footnote 65: Wilken, 'Het strafrecht bij de volken van het
-maleische ras,' in _Bijdragen tot de taal- land- en volkenkunde
-van Nederlandsch-Indië_, 1883, Land- en volkenkunde, p. 109 _sq._
-Crawfurd, _History of the Indian Archipelago_, iii. 117. Marsden,
-_History of Sumatra_, pp. 221 (Rejangs), 389 (Bataks). von
-Brenner, _Besuch bei den Kannibalen Sumatras_, p. 213 (Bataks).
-Junghuhn, _Die Battaländer auf Sumatra_, ii. 145 (Bataks), 308
-(natives of Passumah in Central Sumatra), 317 (Timorese), 339
-(natives of Bali and Lombok). Modigliani, _op. cit._ p. 496; von
-Rosenberg, _Der malayische Archipel_, p. 166 (Niase). Worcester,
-_Philippine Islands_, p. 108 (Tagbanuas of Palawan).]
-
-[Footnote 66: Wilken, _loc. cit._ p. 108 _sq._ Junghuhn, _op.
-cit._ ii. 145 _sq._ (Bataks). Raffles, _History of Java_, ii. p.
-ccxxxv. (people of Bali). Forbes, _A Naturalist's Wanderings in
-the Eastern Archipelago_, p. 320 (people of Timor-laut). von
-Rosenberg, _op. cit._ p. 166 (Niase).]
-
-[Footnote 67: St. John, _Life in the Forests of the Far East_,
-ii. 297 (natives of the kingdom of Borneo, formerly). Low,
-_Sarawak_, p. 133. Marsden, _op. cit._ p. 404 (Achinese of
-Sumatra). Hickson, _A Naturalist in North Celebes_, p. 198
-(Sangirese). Crawfurd, _op. cit._ iii. 107, 115. Crawfurd thinks
-(_ibid._ iii. 107) that the punishment of mutilation was
-introduced by Muhammedanism.]
-
-[Footnote 68: Crawfurd, _op. cit._ iii. 115 (Javanese) Kükenthal,
-_Ergebnisse einer zoologischen Forschungsreise in den Molukken
-und Borneo_, i. 188 (Alfura of Halmahera). Marsden, _op. cit._ p.
-471 (Poggi Islanders). Among the Bataks (von Brenner, _op. cit._
-p. 212) and Achinese of Sumatra (Marsden, _op. cit._ p. 404)
-robbery is punished with death.]
-
-[Footnote 69: Wilken, _loc. cit._ p. 88 _sqq._ von Rosenberg,
-_op. cit._ p. 166; Modigliani, _op. cit._ p. 496 (Niase).]
-
-[Footnote 70: McNair, _Perak and the Malays_, p. 204.]
-
-[Footnote 71: Boyle, _Adventures among the Dyaks of Borneo_, p.
-235. Bock, _Head-Hunters of Borneo_, p. 209. Selenka, _Sonnige
-Welten_, p. 19. Ling Roth, _Natives of Sarawak_, i. 81, 82, 92.]
-
-[Footnote 72: Low, _op. cit._ p. 336.]
-
-[Footnote 73: Marsden, _op. cit._ p. 389. Junghuhn, _op. cit._
-ii. 148.]
-
-[Footnote 74: Martin, _Reisen in den Molukken_, p. 63.]
-
-Many of the South Sea Islanders have been described as honest
-among themselves, and some of them as honest even towards
-Europeans.[75] In the opinion of Captain Cook the light-coloured
-Polynesians have thievish propensities, but the dark-coloured
-not.[76] In the Tonga Islands theft was considered {9} an act of
-meanness rather than a crime,[77] whereas in many other islands
-it was regarded as a very grave offence.[78] Sometimes the
-delinquent was subject to private retaliation,[79] sometimes to a
-fine,[80] or blows,[81] or the loss of a finger,[82] or the
-penalty of death.[83]
-
-[Footnote 75: Earl, _Papuans_, pp. 49, 80, 105. Seemann, _Viti_,
-p. 46 _sq._; Anderson, _Travel in Fiji_, p. 130. Hale, _U.S.
-Exploring Expedition. Vol. VI. Ethnography and Philology_, p. 73
-(Micronesians). Melville, _Typee_, pp. 294 (Marquesas Islanders),
-295 n. 1 (various Polynesians). Williams, _Missionary Enterprises
-in the South Sea Islands_, p. 530 (Samoans). von Kotzebue,
-_Voyage of Discovery into the South Sea_, iii. 164 (people of
-Radack), 255 (Sandwich Islanders). Lisiansky, _op. cit._ p. 125
-(Sandwich Islanders). Dieffenbach, _Travels in New Zealand_, ii.
-105; Meade, _Ride through the disturbed Districts of New
-Zealand_, p. 162 _sq._; Thomson, _Story of New Zealand_, i. 86;
-Colenso, _Maori Races_, p. 43. Bonwick, _Daily Life and Origin of
-the Tasmanians_, p. 9.]
-
-[Footnote 76: Seemann, _Viti_, p. 47.]
-
-[Footnote 77: Mariner, _Natives of the Tonga Islands_, ii. 162.
-In Ponapé (Christian, _Caroline Islands_, p. 72) and among the
-Maoris (Meade, _op. cit._ p. 162) thieves are said to be despised.]
-
-[Footnote 78: Earl, _op. cit._ p. 80 (Papuans of Dorey). Ellis,
-_Tour through Hawaii_, p. 429; &c.]
-
-[Footnote 79: Turner, _Samoa_, pp. 278 (natives of Humphrey's
-Island), 343 (New Caledonians). Lisiansky, _op. cit._ p. 80 _sq._
-(Nukahivans). Williams, _Missionary Enterprises_, p. 127 (natives
-of Rarotonga). Ellis, _Polynesian Researches_, iv. 420 (Sandwich
-Islanders).]
-
-[Footnote 80: Earl, _op. cit._ p. 83 (Papuans of Dorey). Sorge,
-in Steinmetz, _Rechtsverhältnisse von eingeborenen Völkern in
-Afrika und Ozeanien_, p. 421 (Nissan Islanders of the Bismarck
-Archipelago). Williams and Calvert, _Fiji_, p. 22. Turner,
-_Samoa_, p. 281 (natives of the Mitchell Group).]
-
-[Footnote 81: Cook, _Journal of a Voyage round the World_, p. 42
-(Tahitians). Yate, _Account of New Zealand_, p. 104.]
-
-[Footnote 82: Williams and Calvert, _Fiji_, p. 23.]
-
-[Footnote 83: Gill, _Life in the Southern Isles_, p. 47. Turner,
-_Samoa_, pp. 290 (natives of Hudson's Island), 295 (natives of
-Arorae), 297 (natives of Nikumau of the Gilbert Group), 300
-(natives of Francis Island), 337 (Efatese, of the New Hebrides).
-Tutuila, in _Jour. Polynesian Soc._ i. 268 (Line Islanders).
-Ellis, _Polynesian Researches_, iv. 421 (Sandwich Islanders).
-Cook, _Journal of a Voyage round the World_, p. 41 _sq._
-(Tahitians).]
-
-Among the natives of Herbert River, Northern Queensland, there is
-"considerable respect for the right of property, and they do not
-steal from one another to any great extent. . . . If they hunt
-they will not take another person's game, all the members of the
-same tribe having apparently full confidence in each other."[84]
-When a theft does occur, "the thief is challenged by his victim
-to a duel with wooden swords and shields; and the matter is
-settled sometimes privately, the relatives of both parties
-serving as witnesses, sometimes publicly at the borboby, where
-two hundred to three hundred meet from various tribes to decide
-all their disputes. The victor in the duel wins in the
-dispute."[85] So also among the Dieyerie tribe, "should any
-native steal from another, and the offender be known, he is
-challenged to fight by the person he has robbed, and this settles
-the matter."[86] Of the Bangerang tribe of Victoria we are told
-that, amongst themselves, they were scrupulously honest;[87] and,
-speaking of West Australian natives, Mr. Chauncy expresses his
-belief that "the members of a tribe never pilfer from each
-other."[88] In their relations to Europeans, again, Australian
-blacks have been sometimes accused of thievishness,[89]
-sometimes praised for their {10} honesty.[90] From his own
-observation Mr. Curr has no doubt that they feel that theft is
-wrong.[91] Of the aborigines of West Australia we are told that
-they occasionally speared the sheep and robbed the potato gardens
-of the early settlers simply because they did not understand the
-settlers' views regarding property, having themselves no separate
-property in any living animal except their dogs or in any produce
-of the soil. But "only entrust a native with property, and he
-will invariably be faithful to the trust. Lend him your gun to
-shoot game, and he will bring you the result of his day's sport;
-send him a long journey with provisions for your shepherd, and he
-will certainly deliver them safely. Entrust him with a flock of
-sheep through a rugged country to a distant run, and he and his
-wife will take them generally more safely than a white man
-would."[92]
-
-[Footnote 84: Lumholtz, _Among Cannibals_, p. 147.]
-
-[Footnote 85: _Ibid._ p. 126.]
-
-[Footnote 86: Gason, in Woods, _Native Tribes of South
-Australia_, p. 266.]
-
-[Footnote 87: Curr, _Recollections of Squatting in Victoria_,
-p. 298.]
-
-[Footnote 88: Chauncy, in Brough Smyth, _Aborigines of Victoria_,
-ii. 278.]
-
-[Footnote 89: _Supra_, ii. 2, n. 1.]
-
-[Footnote 90: Howitt, in Brought Smyth, _op. cit._ ii. 306.
-Fraser, _Aborigines of New South Wales_, p. 90.]
-
-[Footnote 91: Curr, _The Australian Race_, i. 100.]
-
-[Footnote 92: Chauncy, in Brough Smyth, _op. cit._ ii. 278.]
-
-"The Arab," says Burckhardt, "robs his enemies, his friends, and
-his neighbours, provided that they are not actually in his own
-tent, where their property is sacred. To rob in the camp, or
-among friendly tribes, is not reckoned creditable to a man; yet
-no stain remains upon him for such an action, which, in fact, is
-of daily occurrence. But the Arab chiefly prides himself on
-robbing his enemies."[93] This, however, seems to hold true only
-of Bedouin tribes inhabiting rich pasture plains, who are much
-exposed to attacks from others, whereas in more sheltered
-territories a person who "attempts to steal in the tents of his
-own tribe, is for ever dishonoured among his friends." Thus among
-the Arabs of Sinai robberies are wholly unknown; any articles of
-dress or of furniture may be left upon a rock without the least
-risk of their being taken away.[94] According to Waháby law, a
-robber is obliged to return the stolen goods or their value, but
-if the offence is not attended with circumstances of violence he
-escapes without further punishment, except a fine to the
-treasury.[95] Among some Bedouins of [H.]adhramaut theft from a
-tribesman is punished with banishment from the tribe.[96] Lady
-Anne and Mr. Blunt state that, with regard to honesty, the pure
-Bedouin stands in marked contrast to his half-bred brethren.
-Whilst the Kurdish and semi-Kurdish tribes of Upper Mesopotamia
-make it almost a point of honour to steal, the genuine Arab
-accounts theft disgraceful, although he holds {11} highway
-robbery to be a right. In the large tribes persons of known
-dishonesty are not tolerated.[97]
-
-[Footnote 93: Burckhardt, _Notes on the Bedouins and Wahábys_,
-p. 90.]
-
-[Footnote 94: _Ibid._ p. 184 _sq._ Wallin, _Första resa från
-Cairo till Arabiska öknen_, p. 64.]
-
-[Footnote 95: Burckhardt, _op. cit._ p. 301.]
-
-[Footnote 96: von Wrede, _Reise in [H.]adhramaut_, p. 51.]
-
-[Footnote 97: Blunt, _Bedouin Tribes of the Euphrates_, ii. 204,
-225.]
-
-In Africa honesty between members of the same tribe is no
-uncommon characteristic of the native races, and some of them
-have displayed the same quality in their dealings with European
-travellers.[98] Andersson, for instance, tells us that the
-Ovambo, so far as they came under his observation, were strictly
-honest and appeared to entertain great horror of theft. "Without
-permission," he says, "the natives would not even touch anything;
-and we could leave our camp free from the least apprehension of
-being plundered. As a proof of their honesty, I may mention,
-that, when we left the Ovambo country, the servants forgot some
-trifles; and such was the integrity of the people, that
-messengers actually came after us a very considerable distance to
-restore the articles left behind."[99] A few African peoples are
-said to look upon petty larceny almost with indifference.[100]
-Among others thieves are only compelled to restore stolen
-property, or to return an equivalent for it,[101] but at the same
-time they are disgraced or laughed at.[102] In Africa, as
-elsewhere, theft is frequently punished with a fine.[103] Thus
-{12} among the Bahima,[104] Wadshagga,[105] and Tanala of
-Madagascar,[106] thieves are made to pay twice the value of the
-stolen goods; among the Takue,[107] Rendile,[108] and
-Herero,[109] three times their value; among the Bechuanas double
-or fourfold.[110] Among the Taveta, if a man commits a theft, he
-has to refund what he has robbed, and five times the value of the
-stolen property can be claimed by the person who has suffered the
-loss.[111] Among the Kafirs, "in cases of cattle stealing, the
-law allows a fine of ten head, though but one may have been
-stolen, provided the animal has been slaughtered, or cannot be
-restored."[112] Among the Masai, according to Herr Merker, the
-fine for stealing cattle is likewise a tenfold one;[113] whilst,
-according to another authority, "if a man steals one cow, or more
-than one cow, all his property is given to the man from whom he
-has stolen."[114] Among the Basukuma all thieves, it seems, are
-punished with the confiscation of everything they possess.[115]
-Other punishments for theft are imprisonment,[116]
-banishment,[117] slavery,[118] flogging,[119] mutilation,[120]
-and, especially under aggravating circumstances, death.[121] {13}
-In some African countries a thief caught in the act may be killed
-with impunity.[122]
-
-[Footnote 98: St. John, _Village Life in Egypt_, ii. 198.
-Tristram, _The Great Sahara_, p. 193 _sq._ (Beni Mzab).
-Nachtigal, _Sahara und Sudan_, i. 188 (inhabitants of Fezzân).
-Dyveyrier, _Exploration du Sahara_, p. 385 (Touareg); _cf._
-Chavanne, _Die Sahara_, p. 188. Munzinger, _Ostafrikanische
-Studien_, p. 531 _sq._ (Barea and Kunáma). Scaramucci and
-Giglioli, 'Notizie sui Danakil,' in _Archivio per l'antropologia
-e la etnologia_ xiv. 25. Baumann, _Durch Massailand zur
-Nilquelle_, pp. 165 (Masai), 179 (Wafiomi). Thomson, _Through
-Masai Land_, p. 64 (Wakwafi of the Taveta). Baker, _Ismailïa_, p.
-56; Petherick, _Travels in Central Africa_, ii. 3 (Shilluk).
-Macdonald, _Africana_, i. 182 (Eastern Central Africans). Mungo
-Park, _Travels in the Interior of Africa_, p. 239; Caillié,
-_Travels through Central Africa to Timbuctoo_, i. 353
-(Mandingoes). Ward, _Five Years with the Congo Cannibals_, p. 93;
-Tuckey, _Expedition to explore the River Zaire_, p. 374.
-Johnston, _Uganda Protectorate_, ii. 590 (Wanyoro). Kolben,
-_Present State of the Cape of Good Hope_, i. 326; Hahn, _The
-Supreme Being of the Khoi-Khoi_, p. 32 (Hottentots); _cf._
-Fritsch, _Die Eingeborenen Süd-Afrika's_, p. 307. Tyler, _Forty
-Years among the Zulus_, p. 191 _sq._]
-
-[Footnote 99: Andersson, _Lake Ngami_, p. 197. _Cf._ _Idem_,
-_Notes on Travel in South Africa_, p. 236.]
-
-[Footnote 100: Monrad, _Skildring af Guinea-Kysten_, p. 6, n.*;
-Reade, _Savage Africa_, p. 580 (West African Negroes). Ellis,
-_History of Madagascar_, i. 144.]
-
-[Footnote 101: Munzinger, _Ostafrikanische Studien_, pp. 389
-(inhabitants of Saraë), 494 (Barea and Kunáma). Arbousset and
-Daumas, _op. cit._ p. 66 (Mantetis). Cunningham, _Uganda_, p. 293
-(Baziba). Rautanen, in Steinmetz, _Rechtsverhältnisse_, p. 343
-(Ondonga). Warner, in Maclean, _Compendium of Kafir Laws and
-Customs_, pp. 65, 67. Post, _Afrikanische Jurisprudenz_, ii.
-84.]
-
-[Footnote 102: Munzinger, _Ostafrikanische Studien_, pp. 386
-(inhabitants of Saraë), 531 (Barea and Kunáma). Arbousset and
-Daumas, _op. cit._ p. 66 (Mantetis).]
-
-[Footnote 103: Scaramucci and Giglioli, in _Archivio per
-l'antropologia e la etnologia_, xiv. 39 (Danakil). Nachtigal,
-_op. cit._ i. 449 (Tedâ). Bosman, _Description of the Coast of
-Guinea_, p. 142 (Negroes of Axim, on the Gold Coast). Ellis,
-_Tshi-speaking Peoples of the Gold Coast_, p. 303. _Idem_,
-_E[(w]e-speaking Peoples of the Slave Coast_, p. 225. _Emin Pasha
-in Central Africa_, p. 86 (Wanyoro). Cunningham, _Uganda_, p. 322
-(Manyema). Steinmetz, _Rechtsverhältnisse_, p. 52 (Banaka and
-Bapuku). Beverley, _ibid._ p. 215 (Wagogo). Lang, _ibid._ p. 259
-(Washambala). Wandrer, _ibid._ p. 325 (Hottentots). Post,
-_Afrikanische Jurisprudenz_, ii. 85 _sq._]
-
-[Footnote 104: Cunningham, _Uganda_, p. 20.]
-
-[Footnote 105: Volkens, _Der Kilimandscharo_, p. 250.]
-
-[Footnote 106: Richardson, 'Tanala Customs,' in _Antananarivo
-Annual_, ii. 95 _sq._]
-
-[Footnote 107: Munzinger, _Ostafrikanische Studien_, p. 208.]
-
-[Footnote 108: Chanler, _Through Jungle and Desert_, p. 317.]
-
-[Footnote 109: François, _Nama und Damara_, p. 174.]
-
-[Footnote 110: Holub, _Seven Years in South Africa_, i. 395.
-Casalis, _Basutos_, p. 228.]
-
-[Footnote 111: Hollis, in _Jour. African Soc._ i. 123.]
-
-[Footnote 112: Dugmore, in Maclean, _Compendium of Kafir Laws and
-Customs_, p. 36. _Cf._ _ibid._ pp. 112, 143.]
-
-[Footnote 113: Merker, _Die Masai_, p. 208.]
-
-[Footnote 114: Hinde, _The Last of the Masai_, p. 107.]
-
-[Footnote 115: Cunningham, _Uganda_, p. 304.]
-
-[Footnote 116: Mademba, in Steinmetz, _Rechtsverhältnisse_, p. 90
-(inhabitants of the Sansanding States).]
-
-[Footnote 117: Chavanne, _Die Sahara_, p. 315 (Beni Mzab).]
-
-[Footnote 118: Bowdich, _Mission to Ashantee_, p. 258, n.*
-(Fantis). Petherick, _op. cit._ ii. 3 (Shilluk of the White
-Nile). Post, _Afrikanische Jurisprudenz_, ii. 87.]
-
-[Footnote 119: Reade, _Savage Africa_, p. 261 (West Equatorial
-Africans). Ellis, _Yoruba-speaking Peoples of the Slave Coast_,
-p. 191. Volkens, _op. cit._ p. 250 (Wadshagga). Velten, _Sitten
-und Gebräuche der Suaheli_, p. 363. Campbell, _Travels in South
-Africa_, p. 519. Post, _Afrikanische Jurisprudenz_, ii. 88.]
-
-[Footnote 120: de Abreu, _Discovery and Conquest of the Canary
-Islands_, p. 27 (aborigines of Ferro). Ellis, _Yoruba-speaking
-Peoples_, p. 191. Beltrame, _Il Fiume Bianco_, p. 280 (Dinka).
-Casati, _Ten Years in Equatoria_, i. 163 (Mambettu and Wanyoro).
-Wilson and Felkin, _Uganda and the Egyptian Soudan_, i. 201
-(Waganda). Holub, _op. cit._ i. 395 _sq._ (Bechuanas). Post,
-_Afrikanische Jurisprudenz_, ii. 87 _sq._]
-
-[Footnote 121: Ellis, _Yoruba-speaking Peoples_, p. 191; Burton,
-_Abeokuta_, i. 304 (Yoruba). Ellis, _Tshi-speaking Peoples_,
-p. 303. Bosman, _op. cit._ p. 143 (Negroes of Axim). Cunningham,
-_Uganda_, pp. 69 (Banabuddu), 102 (Bakoki), 346 (Karamojo).
-François, _op. cit._ p. 175 (Herero). Andersson, _Lake Ngami_,
-p. 197 (Ovambo). Casalis, _op. cit._ p. 228 (Basutos). Shooter,
-_Kafirs of Natal_, p. 155. Tyler, _op. cit._ p. 192 (Zulus).
-Kolben, _op. cit._ i. 158 (Hottentots). Post, _Afrikanische
-Jurisprudenz_, ii. 88 _sq._]
-
-[Footnote 122: Hübbe-Schleiden, _Ethiopien_, p. 143 (Mpongwe).
-Cunningham, _Uganda_, p. 333 (Lendu). Burton, _Zanzibar_, ii. 94
-(Wanika). Macdonald, _Africana_, i. 162, 183 (Eastern Central
-Africans). Macdonald, 'East Central African Customs,' in _Jour.
-Anthr. Inst._ xxii. 109. _Supra_, i. 289.]
-
-The condemnation of theft, in one and the same people, varies in
-degree according to a variety of circumstances. It is influenced
-by the value of the goods stolen, as appears from the different
-punishments inflicted in cases where the value differs.[123]
-Thus, when the penalty consists of a fine, its amount is often
-strictly proportioned to the loss suffered by the owner, the
-thief being compelled to pay twice, or three, or four, or five,
-or ten times the worth of the appropriated article.[124] Among
-the Aztecs a petty thief became the slave of the person from whom
-he had stolen, whilst theft of a large amount was almost
-invariably punished with death.[125] According to the Koran,
-theft is to be punished by cutting off the offender's right hand
-for the first offence; but a Sunneh law ordains that this
-punishment shall not be inflicted if the value of the stolen
-property is less than a quarter of a deenár.[126] Ancient Scotch
-law proportioned the punishment of theft to the value of the
-goods stolen, heightening it gradually from a slight corporal to
-a capital punishment, if the value {14} amounted to thirty-two
-pennies Scots, which in the reign of David I. was the price of
-two sheep.[127] In England a distinction was made between "grand"
-and "petty larceny," the line between them being drawn at twelve
-pence, and grand larceny was capital at least as early as the
-time of Edward I.[128] Among various peoples custom or law
-punishes with particular severity the stealing of objects of a
-certain kind, such as cattle, horses, agricultural implements,
-corn, precious metals, or arms.[129] The Negroes of Axim, says
-Bosman, "will rather put a man to death for stealing a sheep,
-than killing a man."[130] The Kalmucks regard horse-stealing as
-the greatest of all crimes.[131] The ancient Teutons held
-cattle-lifting and robbery of crops to be particularly
-disgraceful.[132] According to Roman law, people who stole an ox
-or horse from the pastures or from a stable, or ten sheep, or
-four or five swine, might be punished even with death.[133] The
-natives of Danger Island, in the South Seas, punished with
-drowning anyone who was caught stealing food, "the most valuable
-property they knew of."[134] In Tahiti, on the other hand, those
-who stole clothes or arms were commonly put to death, whereas
-those who stole provisions were bastinadoed.[135] Among other
-peoples the appropriation of a small quantity of food belonging
-to somebody else is not punished at all.[136] The Masai do not
-punish a person for stealing milk or meat.[137] Among the Bakoki
-"it was not a crime to steal bananas."[138] In ancient Mexico
-"every poor traveller was permitted to {15} take of the maize, or
-the fruit-bearing trees, which were planted by the side of the
-highway, as much as was sufficient to satisfy immediate
-hunger."[139] Among the Hebrews a person was allowed to go into
-his neighbour's vineyard and eat grapes at his own pleasure, or
-to pluck ears in his field, but the visitor was forbidden to put
-any grapes in his vessel or to move a sickle into the standing
-corn.[140] It is said in the Laws of Manu that "a twice-born man,
-who is travelling and whose provisions are exhausted, shall not
-be fined, if he takes two stalks of sugar-cane or two esculent
-roots from the field of another man."[141] According to ancient
-Swedish laws, a passer-by could take a handful of peas, beans,
-turnips, and so forth, from another person's field, and a
-traveller could give to his fatigued horse some hay from any barn
-he found in the wood.[142] However, whilst the punishment of
-theft is commonly, to some extent, influenced by the worth or
-nature of the appropriated property, there are peoples who punish
-thieves with the same severity whether they have stolen little or
-much. Among the North American Indians described by Colonel Dodge
-"the value of the article stolen is not considered. The crime is
-the theft."[143] Among the Yleou, a Manchurian tribe mentioned by
-ancient Chinese chroniclers, theft of any kind was punished with
-death.[144] The Beni Mzab in the Sahara sentence a thief to two
-years banishment and the payment of fifty francs, independently
-of the value of the thing he has stolen.[145]
-
-[Footnote 123: Steinmetz, _Rechtsverhältnisse_, p. 52 (Banaka and
-Bapuku). Nicole, _ibid._ p. 133 (Diakité-Sarracolese). Beverley,
-_ibid._ p. 215 (Wagogo). Bosman, _op. cit._ p. 142 (Negroes of
-Axim). Hinde, _op. cit._ p. 107 (Masai). Post, _Afrikanische
-Jurisprudenz_, ii. 91. _Idem_, _Grundriss der ethnologischen
-Jurisprudenz_, ii. 420. _Ta Tsing Leu Lee_, sec. cclxix. _sqq._
-p. 284 _sqq._ (Chinese). Keil, _Manual of Biblical Archæology_,
-ii. 366. _Laws of Manu_, viii. 320 _sqq._ Wilda, _Das Strafrecht
-der Germanen_, p. 870 _sqq._; Nordström, _Bidrag till den svenska
-samhälls-författningens historia_, ii. 296 _sqq._; Stemann, _Den
-danske Retshistorie indtil Christian V.'s Lov_, pp. 621, 677
-_sq._; Brunner, _Deutsche Rechtsgeschichte_, ii. 639 _sqq._
-(ancient Teutons). Du Boys, _Histoire du droit criminel de
-l'Espagne_, p. 721.]
-
-[Footnote 124: _Supra_, ii. 4, 6-8, 12.]
-
-[Footnote 125: Bancroft, _Native Races of the Pacific States_,
-ii. 456.]
-
-[Footnote 126: _Koran_, v. 42. Lane, _Manners and Customs of the
-Modern Egyptians_, p. 120 _sq._ _Idem_, _Arabian Society in the
-Middle Ages_, p. 20. Sachau, _Muhammedanisches Recht_, pp. 810,
-811, 825 _sqq._]
-
-[Footnote 127: Erskine, _Principles of the Law of Scotland_, p.
-568. Innes, _Scotland in the Middle Ages_, p. 190. Mackintosh,
-_History of Civilisation in Scotland_, 231.]
-
-[Footnote 128: Pollock and Maitland, _History of English Law
-before the Time of Edward I._ ii. 495 _sq._ Brunner, _Deutsche
-Rechtsgeschichte_, ii. 640. Stephen, _History of the Criminal Law
-of England_, iii. 129.]
-
-[Footnote 129: Post, _Grundriss der ethnologischen Jurisprudenz_,
-ii. 421 _sqq._]
-
-[Footnote 130: Bosman, _op. cit._ p. 143.]
-
-[Footnote 131: Bergmann, _Nomadische Streifereien unter den
-Kalmüken_, ii. 297.]
-
-[Footnote 132: Grimm, _Deutsche Rechtsalterthümer_, p. 636 _sq._
-Wilda, _op. cit._ p. 875 _sq._ Nordström, _op. cit._ ii. 307.
-Brunner, _Deutsche Rechtsgeschichte_, ii. 645 _sq._]
-
-[Footnote 133: _Digesta_, xlvii. 14. 1. pr., 1, 3; xlvii. 14.
-3.]
-
-[Footnote 134: Gill, _Life in the Southern Isles_, p. 47.]
-
-[Footnote 135: Cook, _Journal of a Voyage round the World_, p. 41
-_sq._]
-
-[Footnote 136: _Supra_, i. 286 _sq._ Post, _Grundriss der ethnol.
-Jurisprudenz_, ii. 426. Ellis, _History of Madagascar_, i. 385.]
-
-[Footnote 137: Hollis, _Masai_, p. 310.]
-
-[Footnote 138: Cunningham, _Uganda_, p. 102 _sq._]
-
-[Footnote 139: Clavigero, _History of Mexico_, i. 358.]
-
-[Footnote 140: _Deuteronomy_, xxiii. 24 _sq._]
-
-[Footnote 141: _Laws of Manu_, viii. 341. _Cf._ _ibid._ viii. 339.]
-
-[Footnote 142: Nordström, _op. cit._ ii. 297.]
-
-[Footnote 143: Dodge, _op. cit._ p. 64.]
-
-[Footnote 144: Castrén, _op. cit._ iv. 27.]
-
-[Footnote 145: Chavanne, _Die Sahara_, p. 315.]
-
-The degree of criminality attached to theft also depends on the
-place where it is committed. To steal from a house, especially
-after breaking the door, is frequently regarded as an aggravated
-form of theft.[146] According to Muhammedan {16} law, the
-punishment of cutting off the right hand of the thief is
-inflicted on him only if the stolen property was deposited in a
-place to which he had not ordinary or easy access; hence a man
-who steals in the house of a near relative is not subject to this
-punishment, nor a slave who robs the house of his master.[147]
-Among some peoples a theft committed by night is punished more
-heavily than one committed by day.[148]
-
-[Footnote 146: Post, _Grundriss der ethnol. Jurisprudenz_, ii.
-423 _sq._ von Rosenberg, _Der malayische Archipel_, p. 166
-(Niase). Riedel, _De sluik- en kroesharige rassen tusschen
-Selebes en Papua_, p. 103 (Serangese). Lang, in Steinmetz,
-_Rechtsverhältnisse_, p. 259. (Washambala). Wilda, _op. cit._ p.
-878 _sq._; Brunner, _Deutsche Rechtsgeschichte_, ii. 646 (ancient
-Teutonic law). _Digesta_, xlvii. 11. 7; xlvii. 18. 2.]
-
-[Footnote 147: Lane, _Modern Egyptians_, p. 121. _Cf._
-Burckhardt, _Bedouins and Wahábys_, p. 301.]
-
-[Footnote 148: Wilken, _loc. cit._ p. 109 (people of Bali).
-_Digesta_, xlvii. 17. 1. _Lex Saxonum_, 32, 34; Wilda, _op. cit._
-p. 877; Grimm, _Deutsche Rechtsalterthümer_, p. 637; Brunner,
-_Deutsche Rechtsgeschichte_, ii. 646 (ancient Teutonic law).]
-
-A distinction is further made between ordinary theft and robbery.
-The robber is treated sometimes more severely,[149] sometimes
-more leniently than the thief, and is not infrequently regarded
-with admiration. Among the Wanyamwezi thieves are despised, but
-robbers are honoured, especially by the women, on account of
-their courage.[150] In Uganda robbery is not thought shameful,
-although it is rigorously punished.[151] In Sindh no disgrace is
-attached to larceny when the perpetrators are armed.[152] Among
-the Ossetes, "where open robbery has been committed outside a
-village, the court merely requires the stolen article or an
-equivalent to be restored; but in cases of secret theft, five
-times the value must be paid. Robbery and theft within the
-boundaries of a village are rated much higher. A proverb says,
-'What a man finds on the high-road is God's gift'; and in fact
-highway robbery is hardly regarded as a crime."[153] The Kazak
-Kirghiz go so far as to consider it almost dishonourable for
-a man never to have taken part in a _baranta_, or cattle-lifting
-exploit.[154] According to {17} Bedouin notions, there is a clear
-distinction between "taking and stealing." To steal is to
-abstract clandestinely, "whereas to take, in the sense of
-depriving another of his property, generally implies to take
-from him openly, by right of superior force."[155] The Arabian
-robber, says Burckhardt, considers his profession honourable,
-and "the term _haràmy_ (robber) is one of the most flattering
-titles that could be conferred on a youthful hero."[156] In
-ancient Teutonic law theft and robbery were kept apart; the one
-was the secret, the other the open crime. In most law-books
-robbery was subject to a milder punishment than theft,
-and was undoubtedly regarded as far less dishonourable. Indeed,
-however illegal the mode of acquiring property may have been,
-publicity was looked upon as a palliation of the offence, if not
-as a species of justification, even though the injured party was
-a fellow-countryman.[157] This difference between theft and
-robbery seems still to have been felt in the thirteenth century,
-when Bracton had to argue that the robber is a thief.[158] But in
-later times robbery was regarded by the law of England as an
-aggravated kind of theft.[159]
-
-[Footnote 149: _Ta Tsing Leu Lee_, sec. cclxviii. p. 283 (Chinese
-law). _Digesta_, xlviii. 19. 28. 10. Erskine, _Principles of the
-Law of Scotland_, p. 566. Post, _Grundriss der ethnologischen
-Jurisprudenz_, ii. 455 _sq._]
-
-[Footnote 150: Reichardt, quoted by Steinmetz, _Rechtsverhältnisse_,
-p. 281.]
-
-[Footnote 151: Ashe, _Two Kings of Uganda_, p. 294.]
-
-[Footnote 152: Burton, _Sindh_, p. 195.]
-
-[Footnote 153: von Haxthausen, _Transcaucasia_, p. 411. _Cf._
-Kovalewsky, _Coutume contemporaine_, p. 342.]
-
-[Footnote 154: Vámbéry, _Das Türkenvolk_, p. 306. _Cf._ Georgi,
-_op. cit._ ii. 270 _sq._ (Kirghiz).]
-
-[Footnote 155: Ayrton, in Wallin, _Notes taken during a Journey
-through Part of Northern Arabia_, p. 29, n. [double dagger] (in
-_Jour. Roy. Geo. Soc._ xx. 317, n. [double dagger]).]
-
-[Footnote 156: Burckhardt, _Bedouins and Wahábys_, p. 90. _Cf._
-Burton, _Pilgrimage to Al-Madinah & Meccah_, ii. 101; Blunt, _op.
-cit._ ii. 204 _sq._]
-
-[Footnote 157: Wilda, _op. cit._ pp. 860, 911, 914. Grimm,
-_Deutsche Rechtsalterthümer_, p. 634 _sq._ Nordström, _op. cit._
-ii. 314 _sq._ Maurer, _Bekehrung des Norwegischen Stammes_, ii.
-173 _sq._ Brunner, _Deutsche Rechtsgeschichte_, ii. 647 _sq._
-Thrupp, _The Anglo-Saxon Home_, p. 288. Pollock and Maitland,
-_op. cit._ ii. 493 _sq._]
-
-[Footnote 158: Bracton, _De Legibus et Consuetudinibus Angliæ_,
-fol. 150 b, vol. ii. 508 _sqq._ Pollock and Maitland, _op. cit._
-ii. 494.]
-
-[Footnote 159: Coke, _Third Part of the Institutes of the Laws of
-England_, p. 68. Blackstone, _Commentaries on the Laws of
-England_, iv. 252. Stephen, _History of the Criminal Law of
-England_, iii. 149. Pollock and Maitland, _op. cit._ ii. 493.
-_Cf._ Wilda, _op. cit._ p. 914.]
-
-A line has been drawn between manifest and non-manifest theft.
-Among many peoples thieves who are caught in the act may be
-killed with impunity,[160] or are punished much more heavily than
-other thieves, frequently with death.[161] We also hear that the
-worst part of the offence {18} consists in being detected, and
-that a successful thief is admired rather than disapproved of.
-
-[Footnote 160: _Supra_, i. 293; ii. 8, 13. Brunner, _Deutsche
-Rechtsgeschichte_, ii. 642. Post, _Grundriss der ethnologischen
-Jurisprudenz_, ii. 441 _sq._]
-
-[Footnote 161: Mommsen, _Römisches Strafrecht_, p. 750 _sq._ Du
-Boys, _Histoire du droit criminel de l'Espagne_, p. 378. Brunner,
-_Deutsche Rechtsgeschichte_, ii. 642 _sq._; Dareste, _Études
-d'histoire du droit_, p. 299 _sq._ Pollock and Maitland, _op.
-cit._ ii. 495 (ancient Teutonic law). Post, _Grundriss der
-ethnologischen Jurisprudenz_, ii. 443.]
-
-It is said of the Navahos that "the time is evidently not long
-gone by when with them, as among the Spartans, adroit theft was
-deemed honourable."[162] Among the Californian Yuki "thieving is
-a virtue . . . , provided the thief is sly enough not to get
-caught."[163] The Ahts "have a tendency to sympathise with some
-forms of theft, in which dexterity is required."[164] Among the
-Thlinkets "theft does not seem to be considered a disgrace; the
-detected thief is at most ashamed of his want of skill."[165] The
-Chukchi "have but a bad opinion of a young girl who has never
-acquitted herself cleverly in some theft; and without such
-testimony of her dexterity and address she will scarcely find a
-husband."[166] In Mongolia "known thieves are treated as
-respectable members of society. As long as they manage well and
-are successful, little or no odium seems to attach to them; and
-it is no uncommon thing to hear them spoken of in terms of high
-praise. Success seems to be regarded as a kind of palliation of
-their crimes."[167] Among the Kukis, according to early notices,
-the accomplishment most esteemed was dexterity in thieving,
-whilst the most contemptible person was a thief caught in the
-act.[168] The Persians say that "it is no shame to steal, only to
-be found out."[169] The same view seems to be held by the Motu
-tribe of New Guinea,[170] the natives of Tana (New
-Hebrides),[171] the Maoris,[172] and several African
-peoples.[173] In Fiji "success, without discovery, is deemed
-quite enough to make thieving virtuous, and a participation in
-the ill-gotten gain honourable."[174] Among the Matabele {19} "the
-thief is not despised because he has stolen, but because he has
-allowed himself to be caught, and if his crime remains undetected
-he is admired by all."[175] Among the aborigines of Palma, in the
-Canary Islands, "he was esteemed the cleverest fellow who could
-steal with such address as not to be discovered."[176]
-
-[Footnote 162: Matthews, 'Study of Ethics among the Lower Races,'
-in _Journal of American Folk-Lore_, xii. 4.]
-
-[Footnote 163: Powers, _Tribes of California_, p. 133.]
-
-[Footnote 164: Sproat, _op. cit._ p. 158 _sq._]
-
-[Footnote 165: Krause, _op. cit._ p. 167.]
-
-[Footnote 166: Georgi, _op. cit._ iii. 183. Krasheninnikoff,
-_History of Kamschatka_, p. 232.]
-
-[Footnote 167: Gilmour, _Among the Mongols_, p. 291.]
-
-[Footnote 168: Dalton, _Descriptive Ethnology of Bengal_, p. 45.]
-
-[Footnote 169: Polak, _Persien_, ii. 81.]
-
-[Footnote 170: Stone, _A few Months in New Guinea_, p. 95.]
-
-[Footnote 171: Brenchley, _op. cit._ p. 208.]
-
-[Footnote 172: Shortland, _Traditions and Superstitions of the
-New Zealanders_, p. 224. Waitz-Gerland, _Anthropologie der
-Naturvölker_, vi. 224. Dieffenbach _Travels in New Zealand_,
-ii. 111.]
-
-[Footnote 173: Zöller, _Forschungsreisen in der deutschen Colonie
-Kamerun_, ii. 64 (Dualla). Wilson and Felkin, _op. cit._ i. 224
-(Waganda). Leslie, _op. cit._ p. 256 (Amatongas).]
-
-[Footnote 174: Williams and Calvert, _op. cit._ p. 110.]
-
-[Footnote 175: Decle, _Three Years in Savage Africa_, p. 165.]
-
-[Footnote 176: de Abreu, _op. cit._ p. 138.]
-
-The moral valuation of theft varies according to the social
-position of the thief and of the person robbed. Among the Marea
-a nobleman who commits theft is only obliged to restore the
-appropriated article; but if a commoner steals from another
-commoner, the whole of his property may be confiscated by the
-latter's master, and if he steals from a nobleman he becomes the
-nobleman's serf.[177] Among the Káfirs of the Hindu-Kush the
-penalty for theft is theoretically a fine of seven or eight times
-the value of the thing stolen; "but such a punishment in ordinary
-cases would only be inflicted on a man of inferior mark, unless
-it were accompanied by circumstances which aggravated the
-original offence."[178] In Rome, according to an old law, a
-freeman caught in the act of thieving was scourged and delivered
-over to the party aggrieved, whereas a slave in similar
-circumstances was scourged and then hurled from the Tarpeian
-rock;[179] and according to an enactment of Hadrian, the
-punishment for stealing an ox or horse from the pastures or from
-a stable was only relegation if the offender was a person of
-rank, though ordinary persons might have to suffer death for the
-same offence.[180] In ancient India, on the other hand, the
-punishment increased with the rank of the criminal. According to
-the Laws of Manu, "in a case of theft the guilt of a Sûdra shall
-be eightfold, that of a Vaisya sixteenfold, that of a Kshatriya
-two-and-thirtyfold, that of a Brâhmana sixty-fourfold, or quite
-a hundredfold, or even twice four-and-sixtyfold; each of them
-knowing the nature {20} of the offence."[181] In other cases,
-again, the degree of guilt is determined by the station of the
-person robbed.[182] Among the Gaika tribe of the Kafirs, for
-instance, the fine by which a theft is punished "is fixed
-according to the rank of the person against whom the offence is
-committed, confiscation of property being the general punishment
-imposed for offences against chiefs."[183] Among many other
-peoples theft or robbery committed on the property of a chief or
-king is treated with exceptional severity.[184] Sometimes
-difference in religion affects the criminality of the thief.
-According to modern Buddhism, "to take that which belongs to a
-sceptic is an inferior crime, and the guilt rises in magnitude in
-proportion to the merit of the individual upon whom the theft is
-perpetrated. To take that which belongs to the associated
-priesthood, or to a supreme Buddha, is the highest crime."[185]
-But the commonest and most important personal distinction
-influencing the moral valuation of theft and robbery is that
-between a tribesman or fellow-countryman and a stranger.
-
-[Footnote 177: Munzinger, _Ostafrikanische Studien_, p. 243 _sq._]
-
-[Footnote 178: Scott Robertson, _Káfirs of the Hindu-Kush_, p. 440.]
-
-[Footnote 179: Mommsen, _Römisches Strafrecht_, p. 751.]
-
-[Footnote 180: _Digesta_, xlvii. 14. 1. pr., 3.]
-
-[Footnote 181: _Laws of Manu_, viii. 337 _sq._]
-
-[Footnote 182: Crawfurd, _op. cit._ iii. 115 (Javanese).
-Desoignies, in Steinmetz, _Rechtsverhältnisse_, p. 281 (Msalala).
-Maclean, _Compendium of Kafir Laws and Customs_, p. 143.]
-
-[Footnote 183: Brownlee, in Maclean, _op. cit._ p. 112.]
-
-[Footnote 184: Ellis, _Tour through Hawaii_, p. 429 _sq._ Ellis,
-_E[(w]e-speaking Peoples of the Slave Coast_, p. 225 (Dahomans).
-Decle, _Three Years in Savage Africa_, p. 73. Post, _Afrikanische
-Jurisprudenz_, ii. 91. _Laws of Æthelbirht_, 4, 9 (Anglo-Saxons).]
-
-[Footnote 185: Hardy, _Manual of Budhism_, p. 483.]
-
-Among uncivilised races intra-tribal theft is carefully
-distinguished from extra-tribal theft. Whilst the former is
-forbidden, the latter is commonly allowed, and robbery committed
-on a stranger is an object of praise.[186]
-
-[Footnote 186: _Cf._ Tylor, 'Primitive Society,' in _Contemporary
-Review_, xxi. 715 _sq._; _Anthropology_, p. 413 _sq._]
-
-The Tehuelches of Patagonia, "although honest enough as regards
-each other, will, nevertheless, not scruple to steal from any one
-not belonging to their party."[187] The Abipones, who never took
-anything from their own countrymen, "used to rob and murder the
-Spaniards whilst they thought them their enemies."[188] Among the
-Mbayás the law, Thou shalt not steal, "applies only to tribesmen
-and {21} allies, not to strangers and enemies."[189] The high
-standard of honesty which prevailed among the North American
-Indians did not refer to foreigners, especially white men, whom
-they thought it no shame to rob or cheat.[190] "A theft from an
-individual of another band," says Colonel Dodge, "is no crime. A
-theft from one of the same band is the greatest of all
-crimes."[191] Among the Californian Indians, for instance, who
-are proverbially honest in their own neighbourhood, "a stranger
-in the gates who seems to be friendless may lose the very
-blankets off him in the night."[192] Among the Ahts thieving "is
-a common vice where the property of other tribes, or white men,
-is concerned."[193] Of the Dacotahs we read that, though the men
-think it undignified for them to steal even from white people,
-"they send their wives thus unlawfully to procure what they
-want."[194] Of the Greenlanders the old missionary Egede
-writes:--"If they can lay hands upon any thing belonging to us
-foreigners, they make no great scruple of conscience about it.
-But, as we now have lived some time in the country amongst them,
-and are look'd upon as true inhabitants of the land, they at last
-have forborne to molest us any more that way."[195] Another early
-authority states, "If they can purloin or even forcibly seize the
-property of a foreigner, it is a feather in their cap";[196] and,
-according to Dr. Nansen, it is still held by the Greenlanders "to
-be far less objectionable to rob Europeans than their own
-fellow-countrymen."[197] Many travellers have complained of the
-pilfering tendencies of Eskimo tribes with whom they have come
-into contact.[198] Richardson believes that, in the opinion of an
-Eskimo, "to steal boldly and adroitly from a stranger is an act
-of heroism."[199] Of the Eskimo about Behring Strait Mr. Nelson
-writes:--"Stealing from people of the same village or tribe is
-regarded as wrong. . . . To steal from a stranger or from people
-of another tribe is not considered wrong so long as it does not
-bring trouble on the community."[200]
-
-[Footnote 187: Musters, _op. cit._ p. 195.]
-
-[Footnote 188: Dobrizhoffer, _op. cit._ ii. 148.]
-
-[Footnote 189: Tylor, in _Contemporary Review_, xxi. 716.]
-
-[Footnote 190: _Ibid._ p. 716.]
-
-[Footnote 191: Dodge, _op. cit._ p. 79.]
-
-[Footnote 192: Powers, _Tribes of California_, p. 410 _sq._]
-
-[Footnote 193: Sproat, _op. cit._ p. 159. _Cf._ Macfie,
-_Vancouver Island and British Columbia_, p. 468.]
-
-[Footnote 194: Eastman, _Dacotah_, p. xvii.]
-
-[Footnote 195: Egede, _op. cit._ p. 124 _sq._]
-
-[Footnote 196: Cranz, _op. cit._ i. 175. See also Dalager, _op.
-cit._ p. 69.]
-
-[Footnote 197: Nansen, _First Crossing of Greenland_, ii. 335
-_sq._ _Cf._ _Idem_, _Eskimo Life_, p. 159 _sq._]
-
-[Footnote 198: Murdoch, 'Ethnological Results of the Point Barrow
-Expedition,' in _Ann. Rep. Bur. Ethn._ ix. 41. Seemann, _Voyage
-of "Herald,"_ ii. 65; Armstrong, _Discovery of the North-West
-Passage_, p. 196 (Western Eskimo).]
-
-[Footnote 199: Richardson, _Arctic Searching Expedition_, i. 352.]
-
-[Footnote 200: Nelson, in _Ann. Rep. Bur. Ethn._ xviii. 293.]
-
-{22} The Chukchi[201] and Koriaks[202] consider theft reputable or
-glorious if committed on a stranger, though criminal if committed
-in their own communities. The hill people of the Central
-Provinces of India, whilst observant of the rights of property
-among themselves, do not scruple to plunder those to whom they
-are under no obligation of fidelity.[203] The Bataks of Sumatra,
-who hardly ever steal among themselves, are expert at pilfering
-from strangers when not restrained by the laws of hospitality,
-and think it no moral offence to do so.[204] Other tribes in the
-Malay Archipelago likewise hold it allowable to plunder the same
-stranger or traveller who, when forlorn and destitute, would find
-a hospitable reception among them.[205] "The strict honesty,"
-says Mr. Melville, "which the inhabitants of nearly all the
-Polynesian Islands manifest towards each other is in striking
-contrast with the thieving propensities some of them evince in
-their intercourse with foreigners. It would almost seem that,
-according to their peculiar code of morals, the pilfering of a
-hatchet or a wrought nail from a European is looked upon as a
-praiseworthy action. Or rather, it may be presumed, that, bearing
-in mind the wholesale forays made upon them by their nautical
-visitors, they consider the property of the latter as a fair
-object of reprisal."[206] In Fiji theft is regarded as no offence
-at all when practised on a foreigner.[207] The Savage Islanders
-consider theft from a tribesman a vice, but theft from a member
-of another tribe a virtue.[208] Of the Sandwich Islanders, again,
-we are told that they stole from rich strangers on board well
-loaded ships, whereas Europeans settled among them left their
-doors and shops unlocked without apprehension.[209] Speaking of
-the honesty of the Herbert River natives, Northern Queensland,
-Mr. Lumholtz adds:--"It is, of course, solely among members of
-the same tribe that there is so great a difference between mine
-and thine; strange tribes look upon each other as wild
-beasts."[210] The aborigines of West Australia "would not
-consider the act of pillaging base when practised on another
-people, or carried on beyond the limits of their own tribe."[211]
-
-[Footnote 201: Georgi, _op. cit._ iii. 183.]
-
-[Footnote 202: _Ibid._ iii. 170. Krasheninnikoff, _op. cit._ p. 232.]
-
-[Footnote 203: Hislop, _op. cit._ p. 1.]
-
-[Footnote 204: Marsden, _op. cit._ p. 389.]
-
-[Footnote 205: Crawfurd, _op. cit._ i. 72.]
-
-[Footnote 206: Melville, _Typee_, p. 295, n. 1. See also
-Williams, _Missionary Enterprises_, p. 530 (Samoans); Hale, _op.
-cit._ p. 73 (Micronesians).]
-
-[Footnote 207: Williams and Calvert, _op. cit._ p. 110.]
-
-[Footnote 208: Thomson, _Savage Island_, p. 94.]
-
-[Footnote 209: von Kotzebue, _op. cit._ iii. 255.]
-
-[Footnote 210: Lumholtz, _Among Cannibals_, p. 148.]
-
-[Footnote 211: Chauncy, in Brough Smyth, _op. cit._ ii. 278 _sq._]
-
-Among the For tribe of Central Africa "it is not considered {23}
-right to rob strangers, but the chiefs wink at this offence, and
-the stranger runs but a poor chance of obtaining justice."[212]
-Of the Mandingoes Caillié observes that, while they do not steal
-from each other, "their probity with respect to others is very
-equivocal and in particular towards strangers, who would be very
-imprudent to shew them any thing that might tempt their
-cupidity."[213] When an Eastern Central African is plundered by a
-companion, he may be heard exclaiming, "If you had stolen from a
-white man, then I could have understood it, but to steal from a
-black man----."[214] Among the Masai the warriors and old men
-have a profound contempt for a thief, but "cattle-raiding from
-neighbouring tribes they do not consider stealing."[215] The
-Wafiomi[216] and Shilluk[217] regard theft or robbery committed
-on a stranger as a praiseworthy action, though they never or rarely
-practise it on members of their own people. The Barea and Kunáma[218]
-and the inhabitants of Saraë[219] consider it honourable for a man
-to rob an enemy of his tribe. The Kabyles of Djurdjura, who demand
-strict mutual honesty from members of the same village, see nothing
-wrong in stealing from a stranger.[220] Among the Bedouins "travellers
-passing without proper escort from or introduction to the tribes,
-may expect to lose their beasts, goods, clothes, and all they
-possess. There is no kind of shame attached to such acts of
-rapine. . . . By desert law, the act of passing through the
-desert entails forfeiture of goods to whoever can seize
-them."[221] Indeed, the Arab is proud of robbing his enemies, and
-of bringing away by stealth what he could not have taken by open
-force.[222] The Ossetes "distinguent . . . le vol commis au
-préjudice d'une personne étrangère à la famille, et le vol commis
-au préjudice d'un parent. Le premier, à proprement parler, n'est
-pas un acte criminel; le second, au contraire, est tenu pour un
-délit."[223]
-
-[Footnote 212: Felkin, 'Notes on the For Tribe of Central
-Africa,' in _Proceed. Roy. Soc. Edinburgh_, xiii. 234.]
-
-[Footnote 213: Caillié, _op. cit._ i. 353. _Cf._ Mungo Park, _op.
-cit._ p. 239 _sq._]
-
-[Footnote 214: Macdonald, _Africana_, i. 182.]
-
-[Footnote 215: Hinde, _op. cit._ p. 104. _Cf._ Johnston,
-_Kilima-njaro Expedition_, p. 419.]
-
-[Footnote 216: Baumann, _Durch Massailand_, p. 179.]
-
-[Footnote 217: Petherick, _Travels in Central Africa_, ii. 3.
-Beltrame, _Il Fiume Bianco_, p. 83.]
-
-[Footnote 218: Munzinger, _Ostafrikanische Studien_, p. 531.]
-
-[Footnote 219: _Ibid._ p. 386.]
-
-[Footnote 220: Kobelt, _Reiseerinnerungen aus Algerien und
-Tunis_, p. 223.]
-
-[Footnote 221: Blunt, _op. cit._ ii. 204 _sq._]
-
-[Footnote 222: Burckhardt, _Bedouins and Wahábys_, p. 90.]
-
-[Footnote 223: Kovalewsky, _Coutume contemporaine_, p. 343.]
-
-Similar views prevailed among the ancient Teutons. "Robberies,"
-says Caesar, "which are committed beyond {24} the boundaries of
-each state bear no infamy, and they avow that these are committed
-for the purpose of disciplining their youth and of preventing
-sloth."[224] The same was the case with the Highlanders of
-Scotland until they were brought into subjection after the
-rebellion of 1745.[225] "Regarding every Lowlander as an alien,
-and his cattle as fair spoil of war," says Major-General Stewart,
-"they considered no law for his protection as binding. . . . Yet,
-except against the Lowlanders or a hostile clan, these
-freebooters maintained, in general, the strictest honesty towards
-one another, and inspired confidence in their integrity. . . . In
-the interior of their own society all property was safe, without
-the usual security of bolts, bars, and locks."[226] In the
-Commentary to the Irish Senchus Mór it is stated that, whilst an
-ordinary thief loses his full honour-price at once, committing
-theft in another territory deprives a person of only half his
-honour-price, until it is committed the third time.[227]
-Throughout the Middle Ages all Europe seems to have tacitly
-agreed that foreigners were created for the purpose of being
-robbed.[228] In the thirteenth century there were still several
-places in France in which a stranger who fixed his residence for
-a year and a day became the serf of the lord of the manor.[229]
-In England, till upwards of two centuries after the Conquest,
-foreign merchants were considered only as sojourners coming to a
-fair or market, and were obliged to employ their landlords as
-brokers to buy and sell their commodities; and one stranger was
-often arrested for the debt, or punished for the misdemeanour, of
-another.[230] In a later age the old habit of oppression was
-still so strong that, when the State suddenly wanted a sum of
-money, it seemed quite natural that foreigners should be called
-upon to {25} provide a part of it.[231] The custom of seizing the
-goods of persons who had been shipwrecked, and of confiscating
-them as the property of the lord on whose manor they were thrown,
-seems to have been universal;[232] and in some European countries
-the laws even permitted the inhabitants of maritime provinces to
-reduce to servitude people who were shipwrecked on their
-coast.[233] The sea laws of Oléron, which probably date from the
-twelfth century, tell us that in many places shipwrecked sailors
-meet with people more inhuman, barbarous, and cruel than mad
-dogs, who slaughter those unhappy mariners in order to obtain
-possession of their money, clothes, and other property.[234] In
-the latter part of the Middle Ages attempts were incessantly made
-by sovereigns and councils to abolish this ancient right, so far
-as Christian sailors were concerned,[235] whereas the robbing of
-shipwrecked infidels was not prohibited.[236] But for a long time
-these endeavours were far from being successful;[237] and it was
-even argued that, as shipwrecks were punishments sent by God, it
-was impious to be merciful to the victims.[238]
-
-[Footnote 224: Caesar, _De bello Gallico_, vi. 23.]
-
-[Footnote 225: Tylor, in _Contemporary Review_, xxi. 716.]
-
-[Footnote 226: Stewart, _Sketches of the Character, &c., of the
-Highlanders of Scotland_, p. 42 _sq._]
-
-[Footnote 227: _Ancient Laws of Ireland_, i. 57.]
-
-[Footnote 228: _Cf._ Marshall, _International Vanities_, p. 285.]
-
-[Footnote 229: Beaumanoir, _Les coutumes du Beauvoisis_, xlv. 19,
-vol. ii. p. 226.]
-
-[Footnote 230: Chitty, _Treatise on the Laws of Commerce and
-Manufactures_, i. 131 _Cf._ Cibrario, _Della economia politica
-del medio eve_, i. 192.]
-
-[Footnote 231: See Marshall, _International Vanities_, p. 291 _sq._]
-
-[Footnote 232: Du Cange, _Glossarium ad scriptores mediæ et
-infimæ Latinitatis_, iv. 22 _sq._ Robertson, _History of the
-Reign of Charles V._ i. 395.]
-
-[Footnote 233: Du Cange, _op. cit._ iv. 23 _sq._ Cleffelius,
-_Antiquitates Germanorum potissimum septentrionalium_, x. 4, p.
-362. Dreyer, _Specimen juris publici Lubecensis_, p. cxcii.
-Potgiesser, _Commentarii juris Germanici de statu servorum_, i.
-i. 17, p. 18 _sq._]
-
-[Footnote 234: _Ancient Sea-Laws of Oleron_, art. 30, p. 11.]
-
-[Footnote 235: Du Cange, _op. cit._ iv. 24 _sqq._ Pardessus,
-_Collection de lois maritimes_, ii. p. cxv. _sqq._; iii. p.
-clxxix. von Eicken, _Geschichte und System der mittelalterlichen
-Weltanschauung_, p. 569 _sqq._ _Constitutiones Neapolitanæ sive
-Siculæ_, i. 28. _Concilium Romanum IV._ A.D. 1078 (Labbe-Mansi,
-_Sacrorum Conciliorum collectio_, xx. 505 _sq._).]
-
-[Footnote 236: Laurent, _Études sur l'histoire de l'humanité_,
-vii. 323, 413 n. 3. von Eicken, _op. cit._ p. 570.]
-
-[Footnote 237: Pardessus, _op. cit._ ii. p. cxv. Laurent, _op.
-cit._ vii. 314. Marshall, _International Vanities_, pp. 287,
-295.]
-
-[Footnote 238: von Eicken, _op. cit._ p. 570 _sq._]
-
-The readiness with which wars are waged, and the destruction of
-property held legitimate in warfare, are other instances of the
-little regard felt for the proprietary rights of foreigners.
-Grotius maintained that "such ravage is tolerable as in a short
-time reduces the enemy to seek peace";[239] and in the practice
-of his time devastation was {26} constantly used independently of
-any immediate military advantage accruing from it.[240] In the
-eighteenth century the alliance of devastation with strategical
-objects became more close, but it was still regarded as an
-independent means of attack by Wolff,[241] Vattel,[242] and
-others;[243] and even at the beginning of the nineteenth century
-instances of devastation of a not necessary kind occasionally
-occurred.[244] In later days opinion has decisively laid down
-that the measure of permissible devastation is to be found in the
-strict necessities of war.[245] Yet there is an exception to this
-rule: during the siege of a fortified town custom still permits
-the houses of the town itself to be bombarded, with a view to
-inducing the commandant to surrender on account of the misery
-suffered by the inhabitants.[246] Under the old customs of war a
-belligerent possessed a right to seize and appropriate all
-property belonging to a hostile state or its subjects, of
-whatever kind it might be and in any place where acts of war were
-permissible.[247] Subsequently this extreme right has been
-tempered by usage, and in a few directions it has disappeared.[248]
-Thus the principle proclaimed, but not always acted on, by the
-Revolutionary Government of France, that private property should
-be respected on a hostile as on a friendly soil,[249] is favoured
-by present opinion and usage,[250] and pillage by the soldiers of
-an invading army is expressly forbidden.[251] At the same time
-there is unfortunately no {27} doubt that in all wars pillage
-does continue with impunity;[252] and we sometimes hear of a
-captured town being sacked, and the houses of the inhabitants
-being plundered, on the plea that it was impossible for the
-general to restrain his soldiers.[253] Moreover, private property
-taken from the enemy on the field of battle, in the operations of
-a siege, or in the storming of a place which refuses to
-capitulate, is usually regarded as legitimate spoils of war.[254]
-Military contributions and requisitions are levied upon the
-inhabitants of the hostile territory.[255] And whilst the
-progress of civilisation has slowly tended to soften the extreme
-severity of the operations of war by land, it still remains
-unrelaxed in respect to maritime warfare, the private property of
-the enemy taken at sea or afloat in port being indiscriminately
-liable to capture and confiscation. In justification of this it
-is said that the object of maritime wars is the destruction of
-the enemy's commerce and navigation, and that this object can
-only be attained by the seizure of private property.[256]
-
-[Footnote 239: Grotius, _De jure belli et pacis_, iii. 12. 1. 3.]
-
-[Footnote 240: Hall, _Treatise on International Law_, p. 533.]
-
-[Footnote 241: Wolff, _Jus Gentium_, §823, p. 300.]
-
-[Footnote 242: Vattel, _Le droit des gens_, iii. 9. 167, vol. ii.
-76 _sq._]
-
-[Footnote 243: Hall, _op. cit._ p. 533 _sq._]
-
-[Footnote 244: _Ibid._ p. 534 _sq._]
-
-[Footnote 245: _Ibid._ p. 535. Bluntschli, _Le droit
-international_, §663, p. 385. Heffter, _Das europäische
-Völkerrecht_, §125, p. 262. Wheaton, _Elements of International
-Law_, p. 473. _Conférence de Bruxelles_, art. 13, _g_.
-_Conférence internationale de la paix, La Haye_ 1899, 'Règlement
-concernant les lois et coutumes de la guerre sur terre,' art. 23
-_g_, pt. i. 245.]
-
-[Footnote 246: Hall, _op. cit._ p. 536 _sq._]
-
-[Footnote 247: Grotius, _op. cit._ iii. 6. 2. Hall, _op. cit._
-pp. 417, 438.]
-
-[Footnote 248: Hall, _op. cit._ p. 419 _sqq._]
-
-[Footnote 249: Bernard, 'Growth of Laws and Usages of War,' in
-_Oxford Essays_, 1856, p. 109.]
-
-[Footnote 250: _Conférence de Bruxelles_, art. 38. _Instructions
-for the Government of Armies of the United States in the Field_,
-art. 37. _Conférence de La Haye_, 'Règlement concernant la guerre
-sur terre,' art. 46, pt. i. 248. Hall, _op. cit._ p. 441.
-Geffken, in Heffter, _op. cit._ §140, p. 297, n. 5.]
-
-[Footnote 251: _Conférence de Bruxelles_, art. 39. _Instructions
-of the United States_, art. 44. _Conférence de La Haye_,
-'Règlement concernant la guerre sur terre,' art. 28, 47, pt. i.
-246, 248.]
-
-[Footnote 252: Maine, _International Law_, p. 199. Halleck,
-_International Law_, ii. 73, note.]
-
-[Footnote 253: Halleck, _op. cit._ ii. 32. If we may believe
-Garcilasso de la Vega (_First Part of the Royal Commentaries of
-the Yncas_, i. 151) the officers of the Incas in ancient Peru
-were more humane, never allowing the pillage of a captured town.]
-
-[Footnote 254: Halleck, _op. cit._ ii. 73 _sq._ Wheaton, _op.
-cit._ p. 467.]
-
-[Footnote 255: Wheaton, _op. cit._ p. 467. Hall, _op. cit._ p.
-427 _sqq._ _Conférence de La Haye_, 'Règlement concernant la
-guerre sur terre,' art. 49, 52, pt. i. 248.]
-
-[Footnote 256: Wheaton, _op. cit._ p. 483. Twiss, _Law of
-Nations_, p. 141. Heffter, _op. cit._ §137, p. 287. Hall, _op.
-cit._ p. 443 _sqq._]
-
-Not only does the respect in which the right of property is held
-vary according to the _status_ of the owner, but in many
-instances certain persons are deemed incapable of possessing such
-a right.
-
-The father's power over his children may imply that the latter,
-even when grown-up, have no property of their own, the father
-having a right to the disposal of their earnings. This is the
-case among some African peoples,[257] and the {28} Kandhs of
-India.[258] In the Laws of Manu, the mythical legislator of the
-Hindus, it is said, "A wife, a son, and a slave, these three are
-declared to have no property; the wealth they earn is acquired
-for him to whom they belong."[259] But according to the standard
-commentators this only means that the persons mentioned are
-unable to dispose of their property independently;[260] and it is
-expressly stipulated that property acquired by learning belongs
-exclusively to the person to whom it was given, and so also the
-gift of a friend.[261] In Rome the _peculium_, or separate
-property, allowed to a son was originally subject to the
-authority of the house-father, should he choose to exercise such
-authority; and it was only by very late legislation that sons
-were secured the independent holding of their _peculium_.[262]
-Even now it is the law in many European countries that, during
-the minority of a child, the father or mother has the usufruct of
-its property, with the exception of certain kinds of property
-expressly specified.[263]
-
-[Footnote 257: Sarbah, _Fanti Customary Laws_, p. 51. Kraft, in
-Steinmetz, _Rechtsverhältnisse_, p. 285 (Wapokomo). Munzinger,
-_Ueber die Sitten und das Recht der Bogos_, p. 36. Among the
-Barea and Kunáma a man's earnings belong to his father until he
-builds a house for himself, that is, until he marries (Munzinger,
-_Ostafrikanische Studien_, p. 477). Among the Basutos parents can
-deprive their sons of their earnings at pleasure (Endemann,
-'Mittheilungen über die Sotho-Neger,' in _Zeitschr. f. Ethnol._
-vi. 39).]
-
-[Footnote 258: Macpherson, _Memorials of Service in India_, p. 62.]
-
-[Footnote 259: _Laws of Manu_, viii. 416. See also _Nárada_, v. 41.]
-
-[Footnote 260: Buehler, in his translation of the Laws of Manu,
-_Sacred Books of the East_, xxv. 326, n. 416.]
-
-[Footnote 261: _Laws of Manu_, ix. 206.]
-
-[Footnote 262: Hunter, _Exposition of Roman Law_, p. 292 _sqq._
-Maine, _Dissertations on Early Law and Custom_, p. 252. Girard,
-_Manuel élémentaire de droit romain_, pp. 135, 138 _sqq._]
-
-[Footnote 263: Bridel, _Le droit des femmes et le mariage_, p. 156.]
-
-Among some uncivilised peoples women are said to be incapable of
-holding property;[264] but this is certainly not the rule among
-savage tribes, not even among the very lowest. When Mr. Snow
-wished to buy a canoe from some Fuegians, his request was refused
-on the ground that the object in question belonged to an old
-woman, who would not part with it;[265] and among the blacks of
-Australia Mr. Curr has often heard husbands ask permission of
-their wives to take something out of their bags.[266] There are
-instances in which the property owned by a {29} woman is by
-marriage transferred to her husband;[267] but more commonly, it
-seems, the wife remains mistress of her own property during the
-existence of the marriage relation.[268] Among many savages
-considerable proprietary privileges are granted to the female
-sex. We have seen that the household goods are frequently
-regarded as the special property of the wife.[269] Among the
-Navahos of New Mexico everything, except horses and cattle,
-practically belongs to the married women.[270] Among the Kafirs
-of Natal, "when a man takes his first wife, all the cows he
-possesses are regarded as her property," and the husband can,
-theoretically, neither sell nor otherwise dispose of them without
-his wife's consent.[271] The Mandans of North America have a
-custom that all the horses which a young man steals or captures
-in war belong to his sisters.[272] Among the Koch of India, we
-are told, "the men are so gallant as to have made over all
-property to the women."[273] As regards woman's right of
-ownership, nations of a higher culture compare unfavourably with
-many savages. In Japan the husband formerly had full rights over
-the property of his wife.[274] We have already noticed the
-disabilities in point of ownership to which women were once
-subject in India; but the development of _str[=i]dhana_, or
-_peculium_ of the female members of a family, shows that they
-gradually became less dependent on their husbands in {30} matters
-relating to property.[275] Among the ancient Hebrews women appear
-to have been in every respect regarded as minors so far as
-proprietary rights were concerned.[276] In Rome a marriage with
-_conventio in manum_, which was the regular form of marriage in
-early times, gave the husband a right to all the property which
-the wife had when she married, and entitled him to all she might
-acquire afterwards whether by gift or by her own labour.[277]
-Later on marriage without _manus_ became the ordinary Roman
-marriage, and this, together with the downfall of the ancient
-_patria potestas_, led to the result that finally all the wife's
-property was practically under her own control, save when a part
-of it had been converted by settlement into a fund for
-contributing to the expenses of the conjugal household.[278] But,
-as we have noticed in another place, the new religion was not
-favourable to the remarkable liberty granted to married women
-during the pagan Empire;[279] and the combined influence of
-Teutonic custom and Canon law led to those proprietary
-incapacities of wives which up to quite recent times have
-disfigured the lawbooks of Christian Europe.[280] In England,
-before 1857, even a man who had abandoned his wife and left her
-unaided to support his family might at any time return to
-appropriate her earnings and to sell everything she had acquired,
-and he might again and again desert her, and again and again
-repeat the process of spoliation. In 1870 a law was passed
-securing to women the legal control of their own earnings, but
-all other female property, with some insignificant exceptions,
-was left absolutely unprotected. And it was not until the Married
-Women's {31} Property Act of 1882 that a full right to their own
-property was given to English wives.[281]
-
-[Footnote 264: Nassau, _Fetichism in West Africa_, p. 13 (tribes
-of the Cameroons). Marshall, _A Phrenologist amongst the Todas_,
-p. 206. Waitz, _Anthropologie der Naturvölker_, iii. 129 (some
-Indian tribes of North America).]
-
-[Footnote 265: Snow, 'Wild Tribes of Tierra del Fuego,' in _Jour.
-Ethn. Soc. London_, N.S. i. 264.]
-
-[Footnote 266: Curr, _The Australian Race_, i. 66.]
-
-[Footnote 267: Mason, in _Jour. Asiatic Soc. Bengal_, xxxvii. pt.
-ii. 142 (Karens). Sumner, in _Jour. Anthr. Inst._ xxxi. 94
-(Jakuts). Post, _Studien zur Entwicklungsgeschichte des
-Familienrechts_, p. 291.]
-
-[Footnote 268: von den Steinen, _Unter den Naturvölkern
-Zentral-Brasiliens_, p. 330 (Bakaïri). Morgan, _League of the
-Iroquois_, p. 326. Lala, _Philippine Islands_, p. 91. Hagen,
-_Unter den Papua's_, pp. 226, 243 (Papuans of Bogadjim, Kaiser
-Wilhelm Land). Kubary, 'Die Palau-Inseln in der Südsee,' in
-_Jour. des Museum Godeffroy_, iv. 54. Ratzel, _History of
-Mankind_, i. 279 (various South Sea Islanders). Kingsley, _West
-African Studies_, p. 373. Bosman, _op. cit._ p. 172 (Gold Coast
-natives). Ellis, _Tshi-speaking Peoples of the Gold Coast_, p.
-298. Sarbah, _Fanti Customary Laws_, p. 5. Lang, in Steinmetz,
-_Rechtsverhältnisse_, p. 223 (Washambala). Burton, _Lake Regions
-of Central Africa_, ii. 25 (Wanyamwezi). Post, _Entwicklungsgeschichte
-des Familienrechts_, p. 292 _sqq._]
-
-[Footnote 269: _Supra_, i. 637 _sqq._]
-
-[Footnote 270: Mindeleff, 'Navaho Houses,' in _Ann. Rep. Bur.
-Ethn._ xvii. 485.]
-
-[Footnote 271: Shooter, _Kafirs of Natal_, p. 84.]
-
-[Footnote 272: Wied-Neuwied, _Travels in the Interior of North
-America_, p. 350.]
-
-[Footnote 273: Buchanan, quoted by Hodgson, _Miscellaneous
-Essays_, i. 110.]
-
-[Footnote 274: Rein, _Japan_, p. 424.]
-
-[Footnote 275: Jolly, 'Recht und Sitte,' in Buehler, _Grundriss
-der indo-arischen Philologie_, ii. 78, 79, 87 _sqq._ Kohler,
-'Indisches Ehe- und Familienrecht,' in _Zeitschr. f. vergl.
-Rechtswiss._ iii. 424 _sqq._]
-
-[Footnote 276: Benzinger, 'Law and Justice,' in Cheyne and Black,
-_Encyclopædia Biblica_, iii. 2724.]
-
-[Footnote 277: Hunter, _Roman Law_, p. 295. Maine, _Early History
-of Institutions_, p. 312. Bryce, _Studies in History and
-Jurisprudence_, ii. 387. Girard, _op. cit._ p. 163.]
-
-[Footnote 278: Hunter, _Roman Law_, p. 295 _sqq._ Maine, _Early
-History of Institutions_, p. 317 _sqq._ Friedlaender,
-_Darstellungen aus der Sittengeschichte Roms_, i. 252. Girard,
-_op. cit._ p. 164.]
-
-[Footnote 279: _Supra_, i. 653 _sq._]
-
-[Footnote 280: Maine, _Ancient Law_, p. 157 _sqq._]
-
-[Footnote 281: Lecky, _Democracy and Liberty_, ii. 536 _sq._
-Cleveland, _Woman under the English Law_, p. 279 _sqq._ For the
-laws of other European countries see Bridel, _op. cit._ p. 61
-_sqq._, and for the history of the subject see Gide. _Étude sur
-la condition de la femme_, _passim_.]
-
-A third class of persons who in many cases are considered
-incapable of holding property of their own is the slave
-class.[282] It may indeed be asked whether a slave ever has the
-right of ownership in the full sense of the term. Yet slaves are
-frequently said to be owners of property; and though this
-"ownership" may have originally been a mere privilege granted to
-them by their masters and subject to withdrawal at the discretion
-of the latter,[283] it is undoubtedly in several cases a genuine
-right guaranteed by custom. Among the Káfirs of the Hindu-Kush,
-if the slaves work for others, they do not hand the wages over to
-their masters, but keep the pay themselves.[284] In Africa, in
-particular, it is a common thing for slaves to have private
-property;[285] in Southern Guinea there are slaves who are
-wealthier than their masters.[286] In some African countries, as
-we have seen, the slave is obliged to work for his master only on
-certain days of the week or a certain number of hours, and has
-the rest of his time free.[287] So also in ancient Mexico the
-slave was allowed a certain amount of time to labour for his own
-advantage.[288] A Babylonian slave had his _peculium_, of which,
-at least under normal circumstances, he was in safe
-possession.[289] In Rome anything {32} a slave acquired was
-legally his master's; but he was in practice permitted to enjoy
-and accumulate chance earnings or savings or a share of what he
-produced, which was regarded not as his property in the full
-sense of the term, but as his _peculium_.[290] In the Middle Ages
-slaves, and in many instances serfs also, were, strictly
-speaking, destitute of proprietary rights.[291] In England it was
-held that whatever was acquired by a villein was acquired by his
-lord. At the same time his chattels did not _eo ipso_ lapse into
-the lord's possession, but only if the latter actually seized
-them; and if he for some reason or other refrained from doing so
-the villein was practically their owner in respect of all persons
-but his lord.[292] In the British and French colonies and the
-American Slave States the negro slaves had no legal rights of
-property in things real or personal.[293] According to the laws
-of Georgia, masters must not permit their slaves to labour for
-their own benefit, at a penalty of thirty dollars for every such
-weekly offence;[294] and in other States they were expressly
-forbidden to suffer their slaves to hire out themselves.[295] In
-some places, however, negro slaves might hold a _peculium_. In
-Arkansas a statute was passed granting masters the right of
-allowing their slaves to do work on their own behalf on
-Sundays;[296] and in the British colonies Sunday was made a
-marketing day for the slaves so as to encourage them to labour
-for themselves.[297] In the Civil Code of Louisiana {33} it is
-said that the slave "possesses nothing of his own, except his
-_peculium_, that is to say, the sum of money, or movable estate,
-which his master chooses he should possess."[298] The Spanish and
-Portuguese slave laws were more humane. According to them the
-money and effects which a slave acquired by his labour at times
-set apart for his own use or by any other means, were legally his
-own and could not be seized by the master.[299]
-
-[Footnote 282: Post, _Grundriss der ethnol. Jurisprudenz_, i.
-370, 381. Holmberg, in _Acta Soc. Scientiarum Fennicæ_, iv. 330
-_sq._ (Thlinkets). Kohler, 'Recht der Marschallinsulaner,' in
-_Zeitschr. f. vergl. Rechtswiss._ xiv. 428 _sq._ Volkens, _op.
-cit._ p. 249 (Wadshagga). Lang, in Steinmetz, _Rechtsverhältnisse_,
-p. 241 (Washambala).]
-
-[Footnote 283: Nicole, in Steinmetz, _Rechtsverhältnisse_, p. 119
-(Diakité-Sarracolese). Senfft, _ibid._ p. 442 (Marshall
-Islanders).]
-
-[Footnote 284: Scott Robertson, _op. cit._ p. 100.]
-
-[Footnote 285: Kingsley, _West African Studies_, p. 366. Ellis,
-_E[(w]e-speaking Peoples of the Slave Coast_, p. 219. Steinmetz,
-_Rechtsverhältnisse_, p. 43 (Banaka and Bapuku). Tellier, _ibid._
-pp. 169, 171 (Kreis Kita). Baskerville, _ibid._ p. 193 (Waganda).
-Beverley, _ibid._ p. 213 (Wagogo). Dale, in _Jour. Anthr. Inst._
-xxv. 230 (Wabondei). Munzinger, _Die Sitten und das Recht der
-Bogos_, p. 43. _Idem_, _Ostafrikanische Studien_, p. 309 _sq._
-(Beni Amer).]
-
-[Footnote 286: Wilson, _Western Africa_, p. 271.]
-
-[Footnote 287: _Supra_, i. 677.]
-
-[Footnote 288: Bancroft, _op. cit._ ii. 221.]
-
-[Footnote 289: Kohler and Peiser, _Aus dem babylonischen
-Rechtsleben_, i. i. See also _supra_, i. 684.]
-
-[Footnote 290: _Digesta_, xv. 1. 39. Wallon, _Histoire de
-l'esclavage dans l'antiquité_, ii. 181 _sq._ Ingrain, _History of
-Slavery_, p. 44. Hunter, _Roman Law_, pp. 157, 290 _sq._ Girard,
-_op. cit._ p. 95.]
-
-[Footnote 291: _Supra_, i. 697. Guérard, _Cartulaire de l'Abbaye
-de Saint-Père de Chartres_, i. p. xlvii.]
-
-[Footnote 292: Vinogradoff, _Villainage in England_, p.67 _sq._
-Pollock and Maitland, _op. cit._ i. 416, 419.]
-
-[Footnote 293: Stephen, _Slavery of the British West India
-Colonies_, i. 58. _Code Noir_, Édit du mois de Mars 1685, art.
-28, p. 42 _sq._; Édit donné au mois de Mars 1724, art. 22, p. 295
-_sq._ Stroud, _Sketch of the Laws relating to Slavery in the
-several States of the United States of America_, p. 74. Goodell,
-_American Slave Code_, p. 89 _sqq._]
-
-[Footnote 294: Prince, _Digest of the Laws of Georgia_, p. 788.]
-
-[Footnote 295: Caruthers and Nicholson, _Compilation of the
-Statutes of Tennessee_, 675. Alden and van Hoesen, _Digest of the
-Laws of Mississippi_, p. 751. Morehead and Brown, _Digest of the
-Statute Laws of Kentucky_, ii. 1480 _sq._]
-
-[Footnote 296: Ball and Roane, _Revised Statutes of Arkansas_,
-xliv. 7. 2. 8, p. 276 _sq._]
-
-[Footnote 297: Edwards, _History of the British West Indies_, ii. 181.]
-
-[Footnote 298: Morgan, _Civil Code of Louisiana_, art. 175.]
-
-[Footnote 299: Stephen, _op. cit._ i. 60. Couty, _L'esclavage au
-Brésil_, p. 9.]
-
-Among many peoples, finally, we find the theory that nobody but
-the chief or king has proprietary rights, and that it is only by
-his sufferance that his subjects hold their possessions.[300] The
-soil, in particular, is regarded as his.[301] But even autocrats
-are tied by custom,[302] and in practice the right of ownership
-is not denied to their subjects.
-
-[Footnote 300: Butler, _Travels in Assam_, p. 94 (Kukis).
-Beecham, _Ashantee_, p. 96. Spencer, _Descriptive Sociology_,
-African Races, p. 12 (Abyssinians). Decle, _op. cit._ p. 70
-_sqq._ (Barotse). Kidd, _The Essential Kafir_, p. 353. Ellis,
-_History of Madagascar_, i. 342. Post, _Afrikanische
-Jurisprudenz_, ii. 171. Percy Smith, 'Uea, Western Pacific,' in
-_Jour. Polynesian Soc._ i. 112. Tregear, 'Easter Island,' _ibid._
-i. 99. In Samoa it is a maxim that a chief cannot steal; he is
-merely considered to "take" the thing which he covets (Pritchard,
-_Polynesian Reminiscences_, p. 104). In Uea, when a chief enters
-a house, he enjoys the right to take all in it that he pleases
-(Percy Smith, in _Jour. Polynesian Soc._ i. 113). Among the Kafirs
-no case can be brought against a chief for theft, except if it be
-committed on the property of a person belonging to another tribe;
-and even the children of chiefs are permitted to steal from their
-own people (Brownlee, in Maclean, _Compendium of Kafir Laws and
-Customs_, p. 112 _sq._ Trollope, _South Africa_, ii. 303. Holden,
-_Past and Future of the Kaffir Races_, p. 338).]
-
-[Footnote 301: Waitz, _op. cit._ iii. 128 (Indian tribes of North
-America); v. pt. i. 153 (Malays). Ellis, _Polynesian Researches_,
-iii. 115 (Sandwich Islanders). Bory de St. Vincent, _Essais sur
-les Isles Fortunées_, p. 64 (Guanches). Nicole, in Steinmetz,
-_Rechtsverhältnisse_, p. 136 (Diakité-Sarracolese). Baskerville,
-_ibid._ p. 201 (Waganda). Beverley, _ibid._ p. 216 (Wagogo).
-Lang, _ibid._ p. 262 (Washambala). Rautanen, _ibid._ p. 343
-(Ondonga). Stuhlmann, _Mit Emin Pasha ins Herz von Africa_, p. 75
-(Wanyamwezi). Post, _Afrikanische Jurisprudenz_, ii. 170 _sq._;
-Ratzel, _op. cit._ i. 126; de Laveleye-Bücher, _Das Ureigenthum_,
-p. 275 (various African peoples). Kohler, _Rechtsvergleichende
-Studien_, p. 235 (Kandian law). Giles, _Strange Stories from a
-Chinese Studio_, ii. 369, n. 21 (Chinese).]
-
-[Footnote 302: _Supra_, i. 162.]
-
-In the next chapter we shall try to explain all these facts:--the
-existence of proprietary rights, the refusal of such rights to
-certain classes of persons, the different {34} degrees of
-condemnation attending theft under different circumstances. But
-before we can understand the psychological origin of the right of
-ownership and the regard in which it is held, it is necessary to
-examine the methods by which it is acquired, the external facts
-which give to certain individuals a right to the exclusive
-disposal of certain things.
-
-
-
-
-CHAPTER XXIX
-
-THE RIGHT OF PROPERTY (_concluded_)
-
-
-ACCORDING to an old theory set forth by Roman jurists, and
-afterwards much emphasised by Grotius,[1] the original mode of
-acquisition is occupation, that is, a person's taking possession
-of that which at the moment belongs to nobody (_res nullius_),
-with the intention of keeping it as his property. That occupation
-very largely, though by no means exclusively, is at the bottom of
-the right of ownership seems obvious enough, and it is only by
-means of strained constructions that Locke and others have been
-able to trace the origin of this right to labour alone.[2] The
-principle of occupation is illustrated by innumerable facts from
-all quarters of the world--by the hunter's right to the game
-which he has killed or captured;[3] by the nomad's or settler's
-right to the previously unoccupied place where {36} he has
-pitched his tent or built his dwelling;[4] by the agriculturist's
-right to the land of which he has taken possession by cultivating
-the soil;[5] by a tribe's or community's right to the territory
-which it has occupied.[6] Among the Kandhs of India "the right of
-possession of land is simply founded in the case of tribes upon
-priority of appropriation, and in the case of individuals upon
-priority of culture."[7] Among the Herero, "notwithstanding the
-loose notions generally entertained by them as to _meum_ and
-_tuum_, there is an understanding that he who arrives first at
-any given locality is the master of it as long as he chooses to
-remain there, and no one will intrude upon him without having
-previously asked and obtained his permission. The same," our
-authority adds, "is observed even with regard to strangers."[8]
-Again, among some of the Australian natives a man who had found a
-bees' nest and did not wish to rob it for some time, would mark
-the tree in some way or other, and "it was a crime to rob a nest
-thus indicated."[9] In Greenland anyone picking up pieces {37} of
-driftwood or goods lost at sea or on land was considered the
-rightful owner of them; and to make good his possession he had
-only to carry them up above high-water mark and put stones upon
-them, no matter where his homestead might be.[10] But the
-finder's right to the discovered article is not always restricted
-to objects which have no owner or the owner of which is unknown:
-in some instances his occupation of it makes it his property in
-all circumstances,[11] whilst in other cases he at any rate has a
-claim to part of its value.[12] Among the Hurons "every thing
-found, tho' it had been lost but a moment, belonged to the person
-that found it, provided the loser had not claimed it before."[13]
-The Kafirs "are not bound by their law to give up anything they
-may have found, which has been lost by some one else. The loser
-should have taken better care of his property, is their moral
-theory."[14] Among the Chippewyans any unsuccessful hunter
-passing by a trap where a deer is caught may take the animal, if
-only he leaves the head, skin, and saddle for the owner;[15] and
-among the Tunguses whoever finds a beast in another man's trap
-may take half the meat.[16] Among the Maoris boats or canoes
-which were cast adrift became the property of the captors. "Even
-a canoe . . . of friends and relatives upsetting off a village,
-and drifting on shore where a village was, became the property of
-the people of that village; although it might be that the people
-in the canoe had all got safely to land or were coming by special
-invitation to visit that very {38} village."[17] We have
-previously noticed the customary treatment of shipwrecked
-mariners in mediæval Europe. And another instance of occupation
-establishing a right of property in things which already have an
-owner is conquest or capture made in war. The Romans regarded
-spoils taken from an enemy as the most excellent kind of
-property.[18]
-
-[Footnote 1: Grotius, _De jure belli et pacis_, ii. 3. 3.]
-
-[Footnote 2: Locke, _Treatises of Government_, ii. 5. 27 _sqq._,
-p. 200 _sqq._ Thiers, _De la propriété_, p. 94 _sqq._ Hume
-remarks (_Treatise of Human Nature_, ii. 3 [_Philosophical
-Works_, ii. 276, n. 1]):--"There are several kinds of occupation,
-where we cannot be said to join our labour to the object we
-acquire; as when we possess a meadow by grazing our cattle upon it."]
-
-[Footnote 3: Curr, _Recollections of Squatting in Victoria_, p.
-265 (Bangerang tribe). Murdoch, 'Ethnol. Results of the Point
-Barrow Expedition,' in _Ann. Rep. Bur. Ethn._ ix. 428 (Point
-Barrow Eskimo). Ahlqvist, 'Unter Wogulen und Ostjaken,' in _Acta
-Soc. Scientiarum Fennicæ_, xiv. 166 (Voguls). Steinmetz,
-_Rechtsverhältnisse_, p. 53 (Banaka and Bapuku). Post,
-_Afrikanische Jurisprudenz_, ii. 162 _sq._ Andree, 'Ethnogr.
-Bemerkungen zu einigen Rechtsgebräuchen,' in _Globus_, xxxviii.
-287. Among some Indian **tribes of North America it was customary
-for individuals to mark their arrows, in order that the stricken
-game might fall to the man by whose arrow it had been despatched
-(Powell, in _Ann. Rep. Bur. Ethn._ iii. p. lvii.).]
-
-[Footnote 4: von Martius, _Von dem Rechtszustande unter den
-Ureinwohnern Brasiliens_, p. 34 (Brazilian aborigines). Dalager,
-_Grønlandske Relationer_, p. 15; Nansen, _Eskimo Life_, p. 109
-(Greenlanders). Marsden, _History of Sumatra_, pp. 68, 244
-(Rejangs). Steinmetz, _Rechtsverhältnisse_, p. 53 (Banaka and
-Bapuku). Kraft, _ibid._ p. 293 (Wapokomo). Decle, _Three Years in
-Savage Africa_, p. 487 (Wakamba). Robertson Smith, _Religion of
-the Semites_, pp. 95, 96, 143 (ancient Semitic custom and
-Muhammedan law).]
-
-[Footnote 5: Thomson, _Savage Island_, p. 137. Polack, _Manners
-and Customs of the New Zealanders_, ii. 69; Thomson, _Story of
-New Zealand_, i. 97. Munzinger, _Die Sitten und das Recht der
-Bogos_, p. 69. Cruickshank, _Eighteen Years on the Gold Coast_,
-ii. 277. Leuschner, in Steinmetz, _Rechtsverhältnisse_, p. 24
-(Bakwiri). _Ibid._ p. 53 (Banaka and Bapuku). Tellier, _ibid._ p.
-178 (Kreis Kita). Dale, in _Jour. Anthr. Inst._ xxv. 230
-(Wabondei). _Laws of Manu_, ix. 44. Wellhausen, _Reste arabischen
-Heidentums_, p. 108. Robertson Smith, _Religion of the Semites_,
-pp. 95, 96, 143 (ancient Semitic custom and Muhammedan law).
-Waitz, _Anthropologie der Naturvölker_, i. 440. Dargun, 'Ursprung
-und Entwicklungs-Geschichte des Eigenthums,' in _Zeitschr. f.
-vergl. Rechtswiss._ v. 71 _sqq._ Post, _Entwicklungsgeschichte
-des Familienrechts_, p. 283 _sqq._ _Idem_, _Grundriss der ethnol.
-Jurisprudenz_, i. 342 _sqq._ See also _infra_, p. 39 _sq._]
-
-[Footnote 6: Thomson, _Story of New Zealand_, i. 96; Polack, _op.
-cit._ ii. 71 (Maoris), Mademba, in Steinmetz, _Rechtsverhältnisse_,
-p. 90 (natives of the Sansanding States).]
-
-[Footnote 7: Macpherson, _Memorials of Service in India_, p. 62.]
-
-[Footnote 8: Andersson, _Lake Ngami_, p. 115. See also Viehe, in
-Steinmetz, _Rechtsverhältnisse_, p. 310.
-
- 12: Merker, _Die Masai_, p. 204. Desoignies, in Steinmetz,
-_Rechtsverhältnisse_, p. 281 (Msalala). Post, _Grundriss der
-ethnol. Jurisprudenz_, ii. 605.]
-
-[Footnote 13: Charlevoix, _Voyage to North-America_, ii. 26 _sq._]
-
-[Footnote 14: Leslie, _Among the Zulus and Amatongas_, p. 202.]
-
-[Footnote 15: Schoolcraft, _Archives of Aboriginal Knowledge_,
-v. 177.]
-
-[Footnote 16: Ratzel, _History of Mankind_, ii. 226.]
-
-[Footnote 17: Colenso, _Maori Races of New Zealand_, p. 34.
-Polack, _op. cit._ p. 68 _sq._]
-
-[Footnote 18: "Maxima sua esse credebant quae ab hostibus
-cepissent" (quoted by Ahrens, _Naturrecht_, ii. 137).]
-
-The occupation of a thing may take place in various ways. Hegel
-says that "taking possession is partly the simple bodily grasp,
-partly the forming and partly the marking or designating of the
-object."[19] But there are still other methods of occupation, in
-which the bodily contact with the object is involuntary, or in
-which there is no bodily contact at all. Among the Maoris a man
-acquired a peculiar right to land "by having been born on it (or,
-in their expressive language, 'where his navel-string was cut'),
-as his first blood (ever sacred in their eyes) had been shed
-there";[20] or, generally, "by having had his blood shed upon
-it"; or "by having had the body, or bones, of his deceased
-father, or mother, or uterine brother or sister, deposited or
-resting on it"; or "by having had a near relative killed, or
-roasted on it, or a portion of his body stuck up or thrown away
-upon it."[21] Among many peoples an animal belongs entirely or
-chiefly to the person who first wounded it, {39} however
-slightly,[22] or who first saw it,[23] even though it was killed
-by somebody else. Thus among the Greenlanders, if a seal or some
-other sea-animal escapes with the javelin sticking in it, and is
-afterwards killed, it belongs to him who threw the first
-dart;[24] if a bear is killed, it belongs to him who first
-discovered it;[25] and when a whale is taken, the very spectators
-have an equal right to it with the harpooners.[26]
-
-[Footnote 19: Hegel, _Grundlinien der Philosophie des Rechts_,
-§ 54, p. 54; English translation, p. 59.]
-
-[Footnote 20: Of certain tribes of Western Victoria we are
-likewise told that, "should a child of another family have been
-born on the estate, it is looked upon as one of the family, and
-it has an equal right with them to a share of the land, if it has
-attained the age of six months at the death of the proprietor"
-(Dawson, _Australian Aborigines_, p. 7). The Rev. John Bulmer
-(quoted by Brough Smyth, _Aborigines of Victoria_, i. 146)
-testifies the prevalence of such a birth-right among the Murray
-tribes, and suspects it is common to most of the tribes of
-Australia:--"The fact that an aboriginal is born in a certain
-locality constitutes a right to that part, and it would be
-considered a breach of privilege for any one to hunt over it
-without his permission. Should another black have been born in
-the same place, he, with the former, would have a joint right to
-the land. Otherwise, no native seems to have made a claim to any
-particular portion of the territory of his tribe." _Cf._ Schurtz,
-_Die Anfänge des Landbesitzes_, in _Zeitschr. f. Socialwissenschaft_,
-iii. 357 _sqq._]
-
-[Footnote 21: Colenso, _op. cit._ p. 31. See also Polack, _op.
-cit._ ii. 82.]
-
-[Footnote 22: Dalager, _op. cit._ p. 24 _sq._ (Greenlanders).
-Boas, 'Central Eskimo,' in _Ann. Rep. Bur. Ethn._ vi. 582. Dall,
-_Alaska_, p. 394 (Aleuts). Ratzel, _op. cit._ Bourke,
-_Snake-Dance of the Moquis_, ii. 227 (Asiatic Hyperboreans).
-Campbell, _Second Journey in the Interior of South Africa_, ii.
-212 (Bechuanas). Livingstone, _Missionary Travels_, p. 599
-(natives of South Africa), von Heuglin, _Reise nach Abessinien_,
-p. 290 _sq._ (Woitos). _Laws of Manu_, ix. 44. Post,
-_Afrikanische Jurisprudenz_, ii. 163. _Idem_, _Grundriss der
-ethnol. Jurisprudenz_, ii. 707 _sq._ Andree, in _Globus_,
-xxxviii. 287 _sq._]
-
-[Footnote 23: Boas, 'Central Eskimo,' in _Ann. Rep. Bur. Ethn._
-vi. 582. Ratzel, _op. cit._ ii. 227 (Asiatic Hyperboreans). See
-also Semper, _Die Palau-Inseln_, p. 86.]
-
-[Footnote 24: Dalager, _op. cit._ p. 24.]
-
-[Footnote 25: Rink, _Tales and Traditions of the Eskimo_, p. 29.]
-
-[Footnote 26: Dalager, _op. cit._ p. 25.]
-
-Besides occupation, or the taking possession of a thing, the
-keeping possession of it may establish a right of ownership. That
-these principles, though closely connected with each other, are
-not identical is obvious from two groups of facts. First, a
-proprietary right which is based on occupation may disappear if
-the object has ceased to remain in the possession of the person
-who had appropriated it. The place occupied by a nomad is his
-only so long as he continues to stay there;[27] and among
-agricultural savages the cultivator frequently loses his right to
-the field when he makes no more use of it[28]--though, on the
-other hand, instances are not wanting in which cultivation gives
-proprietary {40} rights of a more lasting nature.[29] Loss of
-possession may, indeed, annul or weaken ownership gained by any
-method of acquisition. In the Hindu work Panchatantra it is said
-that the property in "tanks, wells, ponds, temples, and
-choultries" will no longer rest with persons who once have left
-them.[30] Among the natives of the Sansanding States the right to
-a house is lost by its being abandoned.[31] In Greenland, if a
-man makes a fox trap and neglects it for some time, another may
-set it and claim the captured animal.[32] So also the finder's
-title to the discovered article springs from the fact that the
-original owner's right has been relaxed by his losing the
-possession of it. Secondly, the retaining possession of an object
-for a certain length of time may make it the property of the
-possessor, even though the occupation of that object conferred on
-him no such right, nay though the acquisition of it was actually
-wrongful.[33] According to the Roman Law of the Twelve Tables,
-commodities which had been uninterruptedly possessed for a
-certain period--movables for a year, and land or houses for two
-years--became the property of the person possessing them.[34]
-This principle, known to the Romans as _usucapio_, has descended
-to modern jurisprudence under the name of "prescription." It also
-prevailed in India since ancient times. The older law-books laid
-down the rule that, if the owner of a thing is neither an idiot
-nor a minor and if his chattel is enjoyed {41} by another before
-his eyes during ten years and he says nothing, it is lost to him,
-and the adverse possessor shall retain it as his own property;[35]
-but it seems that later on the period of prescription was extended
-to thirty years or even more.[36] In this connection it should
-also be noticed that the division of labour, implying the use of
-certain articles, often confers proprietary rights to those
-articles upon the persons who make habitual use of them, as in
-the case of women becoming the owners of the household goods.[37]
-
-[Footnote 27: _Cf._ Post, _Afrikanische Jurisprudenz_, ii. 167.]
-
-[Footnote 28: Morgan, _League of the Iroquois_, p. 326. Dorsey,
-'Omaha Sociology,' in _Ann. Rep. Bur. Ethn._ iii. 366. Bourke,
-_Snake-Dance of the Moquis_, p. 261. Shooter, _Kafirs of Natal_,
-p. 16; Lichtenstein, _Travels in Southern Africa_, i. 271 (Kafirs).
-MacGregor, in _Jour. African Soc._ 1904, p. 474 (Yoruba). Leuschner,
-in Steinmetz, _Rechtsverhältnisse_, p. 25. Lang, _ibid._ p. 264.
-(Washambala). Marx, _ibid._ p. 358 (Amahlubi). Sorge, _ibid._ p. 422
-(Nissan Islanders). Waitz, _op. cit._ i. 440. Dargun, in _Zeitschr.
-f. vergl. Rechtswiss._ v. 71 _sqq._ Post, _Entwicklungsgeschichte des
-Familienrechts_, p. 283 _sqq._ _Idem_, _Grundriss der ethnol.
-Jurisprudenz_, i. 343 _sq._ de Laveleye-Bücher, _Das Ureigenthum_,
-ch. xiv. p. 270 _sqq._ Among the Rejangs of Sumatra a planter of
-fruit-trees or his descendants may claim the ground as long as any
-of the trees subsist, but when they disappear "the land reverts to
-the public" (Marsden, op. cit. p. 245).]
-
-[Footnote 29: von Martius, Von dem Rechtszustande unter den
-Ureinwohnern Brasiliens_, p. 35 _sq._ (Brazilian aborigines).
-Steinmetz, _Rechtsverhältnisse_, p. 53 (Banaka and Bapuku).
-Kohler, 'Banturecht in Ostafrika,' in _Zeitschr. f. vergl.
-Rechtswiss._ xv. 48 (natives of Lindi). Trollope, _op. cit._ ii.
-302 (Kafirs). Post, _Afrikanische Jurisprudenz_, ii. 169. _Idem_,
-_Entwicklungsgeschichte des Familienrechts_, p. 285 _sq._
-Schurtz, in _Zeitschrift für Socialwissenschaft_, iii. 255. Among
-the Angami Nagas any member of a village "may choose to leave his
-fields untilled for one year and cannot be compelled to grow his
-crops during the next, but after that, if illness or idleness
-prevent him from overtaking the work, his village insists on the
-fields being let" (Prain, 'Angami Nagas,' in _Revue coloniale
-internationale_, v. 484).]
-
-[Footnote 30: _Panchatantram_, iii. p. 15.]
-
-[Footnote 31: Mademba, in Steinmetz, _Rechtsverhältnisse_, p. 91.]
-
-[Footnote 32: Dalager, _op. cit._ p. 27.]
-
-[Footnote 33: See Mill, _Principles of Political Economy_, i.
-272; Thiers, _op. cit._ p. 108; Waitz-Gerland, _op. cit._ vi. 228
-(Maoris).]
-
-[Footnote 34: Hunter, _Roman Law_, p. 265 _sqq._ Maine, _Ancient
-Law_, p. 284. Girard, _Manuel élémentaire de droit romain_, p.
-296 _sqq._ Puchta, _Cursus der Institutionen_, ii. 202 _sqq._]
-
-[Footnote 35: _Gautama_, xii. 39. _Vasishtha_, xvi. 16 _sq._
-_Laws of Manu_, viii. 147 _sq._ See also _Panchatantram_, iii. p.
-15; Benfey's translation, vol. ii. 233.]
-
-[Footnote 36: _Brihaspati_, ix. 7. Jolly, 'Recht und Sitte,' in
-Buehler, _Grundriss der indo-arischen Philologie_, ii. 92. For
-the rules of prescription in ancient India see also Jolly, p. 91
-_sqq._, and Kohler, _Altindisches Prozessrecht_, p. 55 _sq._]
-
-[Footnote 37: _Supra_, i. 637 _sqq._]
-
-A further source of ownership lies in the principle that a person
-has a title to the products of his own labour. Grotius--in
-criticising the Roman jurist Paulus, who long before Locke had
-made labour a justification of property,--[38]argues that this is
-no special mode of acquisition, but that the labourer's claim to
-what he produces is based on occupation. "Since in the course of
-nature," Grotius says, "nothing can be made except but of
-pre-existing matter, if that matter was ours, the ownership
-continues when it assumes a new form; if the matter was no one's
-property, this acquisition comes under occupation; if the matter
-belonged to another, the thing made is not ours alone."[39] This
-argument contains its own refutation. If a thing which we make of
-matter belonging to another person is not "ours alone," our
-partial right to it can be due only to our labour. Again, if we
-make a thing of materials belonging to ourselves, our right to it
-is certainly held to be increased by our exertions in producing
-it. It should, moreover, be remembered that there is ownership in
-the products not only of manual but of mental labour, and in the
-latter case the ownership can hardly be considered to be due to
-occupation at all. We may say with Mr. Spencer that from the
-beginning things identified as products of a man's labour are
-recognised as his. Even {42} among the rudest peoples there is
-property in weapons, implements, dress, decorations, and other
-things in which the value given by labour bears a specially large
-proportion to the value of the raw material.[40] If a Greenlander
-finds a dead seal with a harpoon in it, he keeps the seal, but
-restores the harpoon to its owner.[41] Among the same people,
-when somebody has built dams across salmon-rivers to catch the
-fish, it is not considered proper for strangers to come and
-meddle with them.[42] In various parts of Africa he who has dug a
-well has a right to the exclusive disposal of it.[43] In West
-Africa, according to Miss Kingsley, that which is acquired or
-made by a man or woman by their personal exertions is regarded as
-his or her private property.[44] The Moquis of Arizona "are
-co-operative in all their labours, whether as hunters, herders,
-or tillers of the soil; but each man gathers the spoils of his
-individual skill and daring, or the fruits of his own
-industry."[45] In the Nicobars, whilst everything which the
-village as a whole makes or purchases is common property, the
-result of individual work belongs to the individual.[46] In old
-Hindu law-books the performance of labour is specified as one of
-the lawful modes of acquiring property.[47] According to Nârada,
-when the owner of a field is unable to cultivate it, or dead, or
-gone no one knows whither, any stranger who undertakes its
-cultivation unchecked by the owner shall be allowed to keep the
-produce; and if the owner returns while the stranger is engaged
-in cultivation, the owner, in order to recover his field, has to
-pay to the cultivator the whole expense incurred in tilling the
-waste.[48] Thus, though cultivation does not give a right to the
-land, it gives a right to the produce {43} of the labour
-performed. Among uncivilised races we frequently find that the
-land itself and the crops or trees growing on it have different
-owners, the latter belonging to the person who planted them.[49]
-
-[Footnote 38: _Cf._ Girard, _op. cit._ p. 316.]
-
-[Footnote 39: Grotius, _op. cit._ ii. 3. 3.]
-
-[Footnote 40: Spencer, _Principles of Sociology_, ii. 646.
-_Idem_, _Principles of Ethics_, ii. 98. _Cf._ Waitz, _op. cit._
-i. 440 _sq._]
-
-[Footnote 41: Dalager, _op. cit._ p. 25.]
-
-[Footnote 42: Nansen, _First Crossing of Greenland_, ii. 299.]
-
-[Footnote 43: Munzinger, _Die Sitten und das Recht der Bogos_, p.
-70. Lang, in Steinmetz, _Rechtsverhältnisse_, p. 264
-(Washambala). von François, _Nama und Damara_, p. 175 (Herero).]
-
-[Footnote 44: Kingsley, _West African Studies_, p. 366.]
-
-[Footnote 45: Bourke, _Snake-dance of the Moquis_, p. 260 _sq._]
-
-[Footnote 46: Kloss, _In the Andamans and Nicobars_, p. 240.]
-
-[Footnote 47: _Gautama_, x. 42. _Laws of Manu_, x. 115.]
-
-[Footnote 48: _Nârada_, xi. 32 _sq._]
-
-[Footnote 49: Colenso, _op. cit._ p. 31 (Maoris). Leuschner, in
-Steinmetz, _Rechtsverhältnisse_, p. 25 (Bakwiri). Lang, _ibid._
-p. 264 (Washambala). Munzinger, _Die Sitten und das Recht der
-Bogos_, p. 69. Hanoteau and Letourneux, _La Kabylie_, ii. 230;
-Kobelt, _Reiseerinnerungen aus Algerien und Tunis_, p. 293
-(Kabyles of Jurjura). Hyde Clarke, in _Jour. Anthr. Inst._ xix.
-199 _sqq._ Post, _Afrikanische Jurisprudenz_, ii. 172. Schurtz,
-in _Zeitschr. f. Socialwissenschaft_, iii. 250 _sq._]
-
-The right of ownership may, further, be established by a transfer
-of property by its owner, either by way of gift or by sale or
-exchange or some other form of contract. The conditions necessary
-for this method of acquisition are, that the owner shall have a
-right to alienate the article in question, and that the other
-party shall be capable of owning such property. As has been said
-before, ownership does not necessarily imply an unrestricted
-power of disposition. Property in land, for instance, is
-frequently considered inalienable;[50] and, to take another
-example, the power of testation, if recognised at all, is often
-subject to restrictions.[51] The customary law of the Fantis of
-West Africa does not permit any person to bequeath to an outsider
-a greater portion of his property than is left for his
-family.[52] Among the Maoris land obtained by purchase or
-conquest may be given away or willed by the owner to anybody he
-thinks fit, but the case is different with patrimony.[53] With
-regard to the so-called Aryan peoples Sir Henry Maine thinks "it
-is doubtful whether a true power of testation was known to any
-original society except the Roman."[54] Even in Rome bequest
-seems not to have been permitted in pre-historic times, and
-afterwards a _legitima portio_ was compulsorily reserved for each
-child.[55] Such is still the law of some continental nations.
-
-[Footnote 50: Post, _Entwicklungsgeschichte des Familienrechts_,
-p. 286 _sqq_. Avebury, _Origin of Civilisation_, p. 483 _sq._]
-
-[Footnote 51: Post, _Grundriss der ethnol. Jurisprudenz_, ii. 200
-_sqq._ _Idem_, _Afrikanische Jurisprudenz_, ii. 19.]
-
-[Footnote 52: Sarbah, _op. cit._ p. 85.]
-
-[Footnote 53: Polack,  _op. cit._ ii. 69.]
-
-[Footnote 54: Maine, _Ancient Law_, p. 196. See also Fustel
-de Coulanges, _La cité antique_, p. 95.]
-
-[Footnote 55: Fustel de Coulanges,  _op. cit._ p. 96. Hunter, _Roman
-Law_, p. 780 _sqq._ Girard,  _op. cit._ p. 854 _sqq._]
-
-{44} Closely connected with the restrictions imposed on a proprietor's
-power of testation is the rule of inheritance, one of the most common
-methods of acquiring property. At the earlier stages of civilisation the
-property of a deceased person is not in every case subject to this rule.
-Apart from the practice of testation, which, though hardly primitive,
-is not infrequently found among savages,[56] there are other ways of
-dealing with it besides inheritance. The private belongings of the dead,
-or part of them, are destroyed or buried with him, or his dwelling
-is burned or abandoned;[57] but Dr. Dargun goes too far when saying
-that among rude savages this custom is generally practised to such an
-extent as to exclude heirship in property altogether.[58] Nor must we
-infer the general prevalence of a stage where there were no definite
-rules of inheritance[59] from the fact that among some North American
-tribes, when a man dies leaving young children who are unable to defend
-themselves, grown-up relatives or other persons come in and seize
-whatever they please.[60] The ordinary custom of savages is that the dead
-man's property is inherited either by his own children, if kinship is
-reckoned through the father, or by his sister's children or other
-relatives on the mother's side, if kinship is reckoned through females
-only.[61] Sometimes the rules of inheritance make little or no
-distinction between men and women;[62] sometimes a decided preference
-is given to the {45} men[;63] sometimes the women inherit nothing;[64]
-whereas in a few exceptional cases the women are the only inheritors.[65]
-Among various savages the widow also has a share in the inheritance, or
-at any rate has the usufruct of property left by her deceased husband.[66]
-Very frequently the eldest son,[67] or, where the maternal system of
-descent prevails in {46} full, the eldest uterine brother[68] or the
-eldest son of the eldest uterine sister,[69] is the chief or even the
-only heir. But there are also several instances in which this privilege
-is granted to the youngest son.[70] Thus, among the Hos of India he
-apparently inherits all the property of his father;[71] among the Limbus
-of Nepal, though an extra share is set apart for the eldest son, the
-youngest one is allowed to choose his share first;[72] among the Eskimo
-of Behring Strait, "if there are several sons the eldest gets the least,
-the most valuable things being given to the youngest."[73]
-In Greenland a foster-son inherits all the property of his
-foster-father, if the latter dies without offspring or if his
-sons are still young children;[74] and of the West African Fulah
-we are told that, though they have sons and daughters, the
-adopted child becomes heir to all that they leave behind.[75]
-Among the Kukis, in default of legitimate issue, a natural son
-succeeds to his father's property before all other male
-relations;[76] among the Bódo and Dhimáls sons by concubinage or
-adoption get equal shares with sons born in wedlock;[77] the
-Wanyamwezi of Eastern Africa have the habit of leaving property
-to their illegitimate children by slave girls or concubines even
-to the exclusion of their issue by wives.[78] Among other
-uncivilised peoples, {47} again, slaves cannot inherit at
-all,[79] and where they are allowed to possess property the
-master is sometimes the legitimate heir of his slave.[80]
-
-[Footnote 56: Ellis, _Polynesian Researches_, iii. 115 _sq._
-(Tahitians). Wilkin, in _Reports of the Cambridge Expedition to
-Torres Straits_, v. 286 (natives of Mabuiag). Kingsley, _West
-African Studies_, p. 373. Lang, in Steinmetz, _Rechtsverhältnisse_,
-p. 238 (Washambala). Desoignies, _ibid._ p. 277 (Msalala).
-Rautanen, _ibid._ p. 336 (Ondonga). Dale, in _Jour. Anthr. Inst._
-xxv. 224. Post, _Grundriss der ethnol. Jurisprudenz_, ii. 199.]
-
-[Footnote 57: See _infra_, on Regard for the Dead.]
-
-[Footnote 58: Dargun, in _Zeitschr. f. vergl. Rechtswiss._ v. 99
-_sqq._]
-
-[Footnote 59: _Ibid._ p. 102 _sq._]
-
-[Footnote 60: Prescott, in Schoolcraft, _Indian Tribes of the
-United States_, ii. 194 _sq._ (Dacotahs). Hale, _U.S. Exploring
-Expedition. Vol. VI. Ethnography and Philology_, p. 208 (Salish).
-Dalager, _op. cit._ p. 30 _sq._; Cranz, _op. cit._ i. 176
-(Greenlanders).]
-
-[Footnote 61: See Westermarck, _op. cit._ p. 97 _sqq._]
-
-[Footnote 62: Kloss, _op. cit._ p. 241 (Nicobarese). Wilkin, in
-_Rep. Cambridge Anthr. Exped._ v. 285 _sq._ (natives of Mabuiag).
-Wilkes, _U.S. Exploring Expedition_, v. 85 (Kingsmill Islanders).
-Senfft, in Steinmetz, _Rechtsverhältnisse_, p. 441 (Marshall
-Islanders). Dawson, _op. cit._ p. 7 (certain tribes of Western
-Victoria). Post, _Afrikanische Jurisprudenz_, ii. 14. _Idem_,
-_Entwicklungsgeschichte des Familienrechts_, p. 299. _Idem_,
-_Grundriss der ethnol. Jurisprudenz_, i. 225.]
-
-[Footnote 63: Sarbah, _Fanti Customary Laws_, p. 87. Post,
-_Afrikanische Jurisprudenz_, ii. 13 _sq._ _Idem_, _Entwicklungsgeschichte
-des Familienrechts_, p. 298 _sq._ _Idem_, _Grundriss der ethnol.
-Jurisprudenz_, i. 222 _sqq._ Among several uncivilised peoples
-landed property descends exclusively (Macpherson, _Memorials of
-Service in India_, p. 62 [Kandhs]; Sumner, in _Jour. Anthr.
-Inst._ xxxi. 79 [Jakuts]; Curr, _The Australian Race_, i. 64;
-Johnston, _Uganda Protectorate_, ii. 694; Post, _Entwicklungsgeschichte
-des Familienrechts_, p. 298 _sq._; _Idem_, _Grundriss der ethnol.
-Jurisprudenz_, i. 224) or by preference (Thomson, _Story of New
-Zealand_, i. 96; Post, _Grundriss der ethnol. Jurisprudenz_, i.
-224 sq.) to men.]
-
-[Footnote 64: Castrén, _Nordiska resor och forskningar_, i. 312
-(Ostyaks). Marshall, _A Phrenologist amongst the Todas_, p. 206.
-Hodgson, _Miscellaneous Essays_, i. 122 (Bódo and Dhimáls).
-Hislop, _Papers relating to the Aboriginal Tribes of the Central
-Provinces_, p. 12, n. [dagger] (Gonds). Soppitt, _Account of the
-Kuki-Lushai Tribes_, p. 16; Stewart, 'Notes on Northern Cachar,'
-in _Jour. Asiatic Soc. Bengal_, xxiv. 640 (Kukis). Risley,
-_Census of India_, 1901, vol. i. Ethnographic Appendices, pp. 146
-(Santals), 156 (Mundas), 209 (most of the Angami Nagas). Fryer,
-_Khyeng People of the Sandoway District_, p. 6. Marsden, _op.
-cit._ p. 244 (Rejangs). Eyre, _Expeditions of Discovery into
-Central Australia_, ii. 297. Munzinger, _Die Sitten und das Recht
-der Bogos_, p. 73. Hinde, _Last of the Masai_, p. 105; Johnston,
-_Uganda Protectorate_, ii. 828 (Masai). Dale, in _Jour. Anthr.
-Inst._ xxv. 224 (Wabondei). Kingsley, _Travels in West Africa_,
-p. 485 (some West African tribes). Nassau, _Fetichism in West
-Africa_, p. 13 (natives of the Cameroons). Leuschner, in
-Steinmetz, _Rechtsverhältnisse_, p. 20 (Bakwiri). Mademba,
-_ibid._ p. 81 (pagan Bambara). Lang, _ibid._ p. 238 (Washambala).
-Kraft, _ibid._ p. 289 (Wapokomo). Rautanen, _ibid._ p. 335
-(Ondonga). Decle, _op. cit._ p. 486 (Wakamba). Campbell, _Travels
-in South Africa_, p. 520 (Kafirs). Post, _Afrikanische
-Jurisprudenz_, ii. 5. _Idem_, _Entwicklungsgeschichte des
-Familienrechts_, p. 296 _sqq._ _Idem_, _Grundriss der ethnol.
-Jurisprudenz_, i. 218 _sq._]
-
-[Footnote 65: Hamy, in _Bull. Soc. d'Anthr. Paris_, ser. ii. vol.
-xii. (1877), 535 (Penong Piâk of Cambodia). Buchanan, quoted by
-Hodgson, _Miscellaneous Essays_, i. 110 (Kócch). Post, _Grundriss
-der ethnol. Jurisprudenz_, i. 213.]
-
-[Footnote 66: Nelson, 'Eskimo about Bering Strait,' in _Ann. Rep.
-Bur. Ethn._ xviii. 307. Dawson, _Australian Aborigines_, p. 7
-(certain tribes of Western Victoria). Hunt, 'Ethnogr. Notes on
-the Murray Islands, Torres Straits,' in _Jour. Anthr. Inst._
-xxviii. 7. Grange, 'Journal of an Expedition into the Naga
-Hills,' in _Jour. Asiatic Soc. Bengal_, ix. pt. ii. 964. Mason,
-_ibid._ xxxvii. pt. ii. 142 (Karens). Post, _Entwicklungsgeschichte
-des Familienrechts_, p. 303 _sqq._]
-
-[Footnote 67: Dalager, _op. cit._ pp. 29, 31; Cranz, _op. cit._
-i. 176 (Greenlanders). Risley, _op. cit._ p. 203 (Limbus of
-Nepal). Macpherson, _op. cit._ p. 62 (Kandhs). Soppitt, _op.
-cit._ p. 16 (Kukis). Fryer, _op. cit._ p. 6 (Khyens). Junghuhn,
-_op. cit._ ii. 147 (Bataks). Gill, _Life in the Southern Isles_,
-p. 46. Polack, _op. cit._ ii. 69; Colenso, _op. cit._ p. 33
-(Maoris). Munzinger, _Die Sitten und das Recht der Bogos_, pp.
-69, 73 _sq._ Paulitschke, _op. cit._ p. 192 (Gallas). Hollis,
-_Masai_, p. 309; Hinde, _op. cit._ pp. 51, 105 (Masai). Volkens,
-_Der Kilimandscharo_, p. 253 (Wadshagga). Kingsley, _Travels in
-West Africa_, p. 485 (some West African tribes). Bosman, _op.
-cit._ pp. 173 (natives of the Gold Coast), 322 (natives of the
-Slave Coast). Leuschner, in Steinmetz, _Rechtsverhältnisse_, p.
-20 (Bakwiri). Mademba, _ibid._ p. 81 (pagan Bambara). Desoignies,
-_ibid._ p. 276 (Msalala). Marx, _ibid._ p. 355 (Amahlubi),
-Chanler, _Through Jungle and Desert_, p. 316 (Rendile), Post,
-_Afrikanische Jurisprudenz_, ii. 12 _sqq._ _Idem_, _Grundriss der
-ethnol. Jurisprudenz_, i. 217, 218, 220 _sq._]
-
-[Footnote 68: Proyart, 'History of Loango,' in Pinkerton,
-_Collection of Voyages and Travels_, xvi. 571.]
-
-[Footnote 69: Kingsley, _West African Studies_, p. 373 _sq._
-(some West African tribes). Sorge, in Steinmetz, _Rechtsverhältnisse_,
-p. 413 (Nissan Islanders).]
-
-[Footnote 70: Risley, _op. cit._ p. 227 (Lusheis). Avebury,
-_Origin of Civilisation_, p. 493 _sqq._ Post, _Grundriss, der
-ethnol. Jurisprudenz_, i. 218, 221 _sq._ Liebrecht, _Zur
-Volkskunde_, p. 432.]
-
-[Footnote 71: Tickell, 'Memoir on the Hodésum,' in _Jour. Asiatic
-Soc. Bengal_, ix. pt. ii. 794, n.*]
-
-[Footnote 72: Risley, _op. cit._ p. 203. _Cf._ Mason, in _Jour.
-Asiatic Soc. Bengal_, xxxvii. pt. ii. 142 (Karens).]
-
-[Footnote 73: Nelson, in _Ann. Rep. Bur. Ethn._ xviii. 307.]
-
-[Footnote 74: Dalager, _op. cit._ p. 33.]
-
-[Footnote 75: Denham and Clapperton, quoted in Spencer's
-_Descriptive Sociology_, African Races, p. 8.]
-
-[Footnote 76: Stewart, in _Jour. Asiatic Soc. Bengal_, xxiv. 640.]
-
-[Footnote 77: Hodgson, _Miscellaneous Essays_, i. 122.]
-
-[Footnote 78: Burton, _Lake Regions of Central Africa_, ii. 23
-_sq._ _Cf._ Post, _Afrikanische Jurisprudenz_, ii. 6.]
-
-[Footnote 79: Nicole, in Steinmetz, _Rechtsverhältnisse_, pp.
-115, 119 (Diakité-Sarracolese). Lang, _ibid._ pp. 238, 242
-(Washambala). Kraft, _ibid._ pp. 289, 291 (Wapokomo). Rautanen,
-_ibid._ p. 335 (Ondonga). Post, _Grundriss der ethnol.
-Jurisprudenz_, i. 383.]
-
-[Footnote 80: Munzinger, _Die Sitten und das Recht der Bogos_,
-p. 73. Steinmetz, _Rechtsverhältnisse_, p. 43 (Banaka and Bapuku).
-Mademba, _ibid._ p. 83 (natives of the Sansanding States). Post,
-_Grundriss der ethnol. Jurisprudenz_, i. 383.]
-
-At higher stages of civilisation the rules of inheritance present
-the same characteristics as among many savages. During historic
-times, at least, the nations of culture have reckoned kinship
-through the father, and succession has been agnatic.[81] In China
-women only inherit in the very last resort, failing all male
-relatives.[82] Among the Hebrews, in ancient times, only sons,
-not daughters, still less wives, could inherit;[83] but the later
-law conferred on daughters the right of heirship in the absence
-of sons.[84] The Muhammedan law of inheritance in most cases
-awards to a female a share equal to half that of a male of the
-same degree of relationship to the deceased;[85] but according to
-the old law of Medina women could not inherit at all.[86] Of all
-the ancient nations with whose rules of inheritance we are
-acquainted, the Romans seem to have been the only one who gave
-daughters the same right of inheritance as sons.[87] In India
-women had originally no such right at all, but in this, as in
-other matters relating to property, their position subsequently
-improved.[88] In Attic law sons excluded {48} daughters from
-succession,[89] and the same was the case among the Scandinavian
-peoples still in the later Middle Ages.[90] In England women are
-even to this day postponed to men in the order of succession to
-real property.[91] Special privileges in the division of the
-father's property were granted to the eldest son by the Hebrews[92]
-and Hindus,[93] and traces of primogeniture are met with in ancient
-Greek legislation.[94] In the history of English law we find not
-only primogeniture, but ultimogeniture as well.[95] As regards the
-question of legitimacy, we notice that in China all sons born in the
-household have an equal share in the inheritance, whether born of
-the principal wife or a concubine or a domestic slave.[96] Among
-the Hebrews the sons of concubines had a right of inheritance,[97]
-but whether on an equality with the other sons we do not
-know.[98] According to Muhammedan law no distinction in point of
-inheritance is made between the child of a wife and that borne by
-a slave to her master, if the master acknowledge the child to be
-his own.[99] In Hindu legislation the legitimate {49} sons have
-the nearest right to the inheritance of their father, but a son
-begotten by a Sûdra on a female slave may, if permitted by his
-father, take a share of it.[100] The Roman law on the subject may
-be summed up thus:--With regard to its father a natural child has
-no right at all, and differs in no respect from a stranger; with
-regard to its mother it has the same right as a legitimate
-child.[101] In Teutonic countries the position of illegitimate
-children as to succession was much more favourable in earlier
-times than later on when Christianity made its influence felt,
-depriving them of all title to inheritance.[102] Strangers were
-formerly unable both to inherit and to transmit property. For a
-long time it was the custom in Europe to confiscate their effects
-on their death; and not only persons who were born in a foreign
-country were subject to this _droit d'aubaine_, as it was called
-in France, but in some countries it was applied even to persons
-who removed from one diocese to another, or from the lands of one
-baron to another.[103] Indeed, it is only in recent times that
-foreigners have been placed on a footing of equality with
-citizens with regard to inheritance. In 1790 the French National
-Assembly abolished the right of _aubaine_ as being contrary to
-the principle of a human brotherhood.[104] Later on, when the
-Code Napoléon was drawn up, a backward step was taken by
-restricting the abolition of this right to nations who acted with
-reciprocity; but this limitation only lasted till 1819, when all
-inequalities were finally removed in France.[105] In England it
-was not until 1870 that foreigners were authorised to inherit and
-bequeath like British subjects.[106]
-
-[Footnote 81: See Westermarck, _op. cit._ p. 104.]
-
-[Footnote 82: Alabaster, 'Law of Inheritance,' in _China Review_,
-v. 193. 'Inheritance and "Patria Potestas" in China,' _ibid._
-v. 406.]
-
-[Footnote 83: _Genesis_, xxxi. 14 _sq._ _Numbers_, xxvii. 4.
-Gans, _Das Erbrecht in weltgeschichtlicher Entwickelung_, i. 147.
-Benzinger, 'Law and Justice,' in Cheyne and Black, _Encyclopædia
-Biblica_, iii. 2728.]
-
-[Footnote 84: _Numbers_, xxvii. 8. Gans, _op. cit._ i. 147.
-Benzinger, _loc. cit._ p. 2729. It is only by exceptional favour
-that the daughters inherit along with the sons (_Job_, xlii. 15).]
-
-[Footnote 85: _Koran_, iv. 12, 175. Lane, _Manners and Customs of
-the Modern Egyptians_, p. 116 _sq._ Kohler, _Rechtsvergleichende
-Studien_, p. 102 _sqq._]
-
-[Footnote 86: Robertson Smith, _Kinship and Marriage in Early
-Arabia_, pp. 65, 117.]
-
-[Footnote 87: Gans, _op. cit._ ii. 367 _sq._ Gide, _Étude sur la
-condition privée de la femme_, p. 102.]
-
-[Footnote 88: Jolly, _loc. cit._ pp. 83, 86. Kohler, 'Indisches
-Ehe- und Familienrecht,' in _Zeitschr. f. vergl. Rechtswiss._
-iii. 424 _sqq._ Leist, _Alt-arisches Jus Civile_, ii.
-48.]
-
-[Footnote 89: Gans, _op. cit._ i. 338, 341. Gide, _op. cit._ p. 79.]
-
-[Footnote 90: Nordström, _Bidrag till den svenska
-samhälls-författningens historia_, ii. 95, 190. Stemann, _Den danske
-Retshistorie indtil Christian V.'s Lov_, p. 311 _sq._ Keyser,
-_Efterladte Skrifter_, ii. pt. i. 330, 339.]
-
-[Footnote 91: Renton, _Encyclopædia of the Laws of England_, xi. 75.]
-
-[Footnote 92: _Deuteronomy_, xxi. 17. Gans, _op. cit._ i. 148.
-Benzinger, in Cheyne and Black, _Encyclopædia Biblica_, iii.
-2729. Mr. Jacobs suggests (_Studies in Biblical Archæology_, p.
-49 _sqq._) that ultimogeniture was once the rule in early Hebrew
-society, and was succeeded by primogeniture only when the
-Israelites exchanged their roving life for one in which sons
-became more stay-at-home.]
-
-[Footnote 93: _Âpastamba_, ii. 6. 14. 6, 12. _Laws of Manu_, ix.
-114. Jolly, _loc. cit._ pp. 77, 82. Maine, _Dissertations on
-Early Law and Custom_, p. 89 _sq._ In China, though sons inherit
-in equal shares, "it is not uncommon for the brothers to
-temporarily yield up their share to the elder brother, either in
-whole or in part, for the glory of the House" ('Inheritance and
-"Patria Potestas" in China,' in _China Review_, v. 406; _cf._
-Doolittle, _Social Life of the Chinese_, ii. 224; Davis, _China_,
-i. 343).]
-
-[Footnote 94: Fustel de Coulanges, _op. cit._ p. 99.]
-
-[Footnote 95: Elton, _Origins of English History_, p. 178 _sqq._
-Pollock and Maitland, _History of English Law till the Time of
-Edward I._ ii. 263 _sqq._ The custom of ultimogeniture has also
-been traced in Wales, parts of France, Germany, Friesland,
-Scandinavia, Russia, and Hungary (Elton, _op. cit._ p. 180
-_sqq._; Liebrecht, _op. cit._ p. 431 _sq._).]
-
-[Footnote 96: Parker, 'Comparative Chinese Family Law,' in _China
-Review_, viii. 79. 'Inheritance and "Patria Potestas" in China,'
-_ibid._ v. 406. Medhurst, 'Marriage, Affinity, and Inheritance in
-China,' in _Trans. Roy. Asiatic Soc. China Branch_, iv. 31.
-Simcox, _Primitive Civilizations_, ii. 351.]
-
-[Footnote 97: _Genesis_, xxi. 10 _sqq._]
-
-[Footnote 98: Benzinger, in Cheyne and Black, _Encyclopædia
-Biblica_, iii. 2729.]
-
-[Footnote 99: Lane, _Modern Egyptians_, p. 118.]
-
-[Footnote 100: Jolly, _loc. cit._ p. 85. _Laws of Manu_, ix. 179.]
-
-[Footnote 101: Gide, _op. cit._ p. 567 _sqq._]
-
-[Footnote 102: Nordström, _op. cit._ ii. 67, 200 _sqq._ See also
-Alard, _Condition et droits des enfants naturels_, pp. 9, 11;
-_supra_, i. 47.]
-
-[Footnote 103: Brussel, _Nouvel examen de l'usage général des
-fiefs en France_, ii. 944 _sqq._ de Laurière, _Glossaire du droit
-françois_, p. 47 _sq._ Demangeat, _Histoire de la condition
-civile des étrangers en France_, p. 107 _sqq._]
-
-[Footnote 104: Demangeat, _op. cit._ p. 239.]
-
-[Footnote 105: _Ibid._ p. 250 _sqq._]
-
-[Footnote 106: _Naturalisation Act_, 1870, § 2.]
-
-Besides acquisition by occupation, possession for a certain
-length of time, labour, voluntary transfer, and inheritance,
-there are instances in which ownership in a {50} thing directly
-follows from ownership in another thing. It is a general rule
-that the owner of an object also owns what develops from or is
-produced by it.[107] The owner of a cow owns her calf, the owner
-of a tree its fruits, the owner of a piece of land anything
-growing on it, at least if no labour has been necessary for its
-production. Ownership in land also gives a certain right to the
-wild animals which are found there. Among the Fantis, for
-instance, if anybody kills game on another person's land, its
-proprietor is entitled to the shoulder or a quarter of such
-game.[108] In this connection we have further to notice the mode
-of acquisition which the Roman jurists called _accessio_. When
-that which belongs to one person is so intermixed with the
-property of another, that either it cannot be separated at all,
-or cannot be separated without inflicting damage out of
-proportion to the gain, the owner of the principal becomes the
-owner of the accessory, though, as a rule, he would have to pay
-compensation for it.[109]
-
-[Footnote 107: See Post, _Grundriss der ethnol. Jurisprudenz_,
-ii. 612; Goos, _Forelæsninger over den almindelige Retslære_,
-ii. 159 _sqq._]
-
-[Footnote 108: Sarbah, _op. cit._ p. 48.]
-
-[Footnote 109: Hunter, _Roman Law_, p. 247 _sq._]
-
-All these methods of acquisition apply not only to individual
-property, but to common property as well. Occupation may
-establish ownership whether there be many occupants or only one;
-joint labour may lead to joint ownership in the produce; property
-may be transferred to a body of persons as well as to a single
-individual. But the custom which prescribes community of goods
-may also itself be an independent method of acquisition: by
-belonging to an association of people who hold property in common
-a person may be part owner of a thing which has been occupied or
-produced by some other member of the association. Communism of
-one kind or another is undoubtedly a very ancient institution,[110]
-though its prevalence at the lower stages of civilisation has
-often been exaggerated.[111] But the whole question of {51}
-common ownership is too complicated and lies too much apart from
-our special subject to admit of a detailed treatment.
-
-[Footnote 110: _Cf._ Kovalewsky, _Tableau des origines et de
-l'évolution de la famille et de la propriété_, p. 51 _sqq._]
-
-[Footnote 111: Dr. Dargun (in _Zeitschr. f. vergl. Rechtswiss._
-v. 76, &c.) even goes so far as to say that savages know of no
-other property but such as belongs to individuals; but this
-statement is hardly justified by facts.]
-
-       *       *       *       *       *
-
-From the statement of facts we shall now proceed to an
-explanation of these facts. First, why do men recognise
-proprietary rights at all? Why do the moral feelings of mankind
-grant to certain persons a right to the exclusive disposal of
-certain things, in other words, why does the disposal of an
-object without the consent of the person called its owner give
-rise to moral disapproval? The "right of property," it is true,
-is generally used as a term for a legal right. But in this, as in
-so many other cases, the legal right is essentially a formulated
-expression of moral feelings.
-
-As Mr. Spencer observes, the desire to appropriate, and to keep
-that which has been appropriated, lies deep not only in human but
-in animal nature, being, indeed, a condition of survival.[112]
-Sticklebacks show obvious signs of anger when their territory is
-invaded by other sticklebacks.[113] Birds defend their nests
-against the attacks of intruders.[114] The dog fights for his
-kennel or for the prey he has caught. A monkey in the Zoological
-Gardens of London, which made use of a stone to open nuts, always
-hid it in the straw after using it, and would not allow any other
-monkey to touch it.[115] We find the same propensity in man from
-his earliest years. At the age of two, Tiedemann's son did not
-let his sister sit on his chair or take any of his clothes,
-though he had no scruples against appropriating things which
-belonged to her.[116] Owing to this tendency to keep an
-appropriated object, and to resist its abstraction, it is
-dangerous for an individual to try to seize anything held by
-another of about equal strength; {52} and in human societies this
-naturally led to the habit of leaving each in possession of
-whatever he had attained, especially in early times when the
-objects possessed were of little value, and there was no great
-inequality of wealth.[117] This habit was further strengthened by
-various circumstances, all of which tended to make interference
-with other persons' possessions the subject of moral censure.
-From both prudential and altruistic motives parents taught their
-children to abstain from such interference, and this, by itself,
-would readily give rise to the notion of theft as a moral wrong.
-Society at large also tried to prevent acts of this kind, partly
-in order to preserve peace and order, partly out of sympathy with
-the possessor. Resentment is felt not only by him who is deprived
-of his possession, but by others on his behalf. This is seen even
-among some of the lower animals. The Pomeranian dogs of German
-carters watch the goods of their masters;[118] Mr. Romanes's
-terrier protected meat from other terriers, his offspring, which
-lived in the same house with him, and with which he was on the
-very best of terms;[119] Captain Gordon Stables's cat, which had
-her place on the table at meals, never allowed any unauthorised
-interference with the viands.[120] In men such sympathetic
-resentment naturally develops into genuine moral disapproval.
-
-[Footnote 112: Spencer, _Principles of Sociology_, ii. 644.]
-
-[Footnote 113: _Supra_, i. 22.]
-
-[Footnote 114: Perty, _Das Seelenleben der Thiere_, p. 68.]
-
-[Footnote 115: Darwin, _Descent of Man_, i. 125. See also
-Fischer, 'Notes sur l'intelligence des singes,' in _Revue
-scientifique_, xxxiii. 618.]
-
-[Footnote 116: Compayré, _L'évolution intellectuelle et morale de
-l'enfant_, p. 312.]
-
-[Footnote 117: _Cf._ Spencer, _Principles of Sociology_, ii. 634,
-644; Dargun, in _Zeitschr. f. vergl. Rechtswiss._ v. 79 _sq._;
-von Martius, _Beiträge zur Ethnographie Amerika's_, i. 88, 90.]
-
-[Footnote 118: Peschel, _Races of Man_, p. 240.]
-
-[Footnote 119: Romanes, 'Conscience in Animals,' in _Quarterly
-Journal of Science_, xiii. 156, n.*]
-
-[Footnote 120: 'Studies in Animal Life,' in _Chambers's Journal_,
-1884, p. 824.]
-
-All this applies not only to proprietary rights based on
-occupation, but also to the principle of continued possession as
-a ground of ownership. Indeed, the longer a person is in
-possession of a certain object, the more apt are both he and
-other individuals to resent its alienation; whereas the loss or
-abandonment of a thing has a tendency to loosen the connection
-between the thing and its owner.[121] This is undoubtedly the
-chief source of the rule of prescription, {53} though there may be
-other circumstances as well which help to justify it. Thus it has
-been said that it is necessary to the security of rightful
-possessors that they should not be molested by charges of
-wrongful acquisition when by the lapse of time witnesses must
-have perished or been lost sight of, and the real character of
-the transaction can no longer be cleared up;[122] whilst another
-argument adduced in favour of prescription is, that long
-possession generally implies labour and that labour gives
-ownership.[123] The reason why property is gained by labour is
-obvious enough. Not only do exertions in producing an object make
-the producer desirous to keep it and to have the exclusive
-disposal of it, but an encroachment upon the fruit of his labour
-arouses sympathetic resentment in outsiders, who feel that an
-effort deserves its reward.
-
-[Footnote 121: _Cf._ Hume, _Treatise of Human Nature_, ii. 3
-(_Philosophical Works_, ii. 274):--"What has long lain under our
-eye, and has often been employed to our advantage, _that_ we are
-always the most unwilling to part with."]
-
-[Footnote 122: Mill, _Principles of Political Economy_, i. 272.]
-
-[Footnote 123: Thiers, _op. cit._ p. 103 _sqq._]
-
-As the recognition of ownership thus ultimately springs from a
-desire in the owner to keep and dispose of what he has
-appropriated or produced, it is evident that, in ordinary
-circumstances, there would be no moral disapproval of a voluntary
-transfer of property to another person. But the case is different
-if such a transfer is injurious to the interests of persons who
-have a special claim to consideration. Thus testation is
-frequently held to be inconsistent with the duties which parents
-owe to their children or other near relatives to one another. The
-father, though the lord of the family's possessions, may indeed
-be regarded only as the first magistrate of an association, and
-in such a case his share in the division naturally devolves on
-the member of the family who succeeds to his authority.[124] The
-right of inheritance, then, may be intimately connected with the
-idea that the heir was, in a manner, joint owner of the deceased
-person's property already during his lifetime.[125] But there are
-{54} various other facts which account for the existence of this
-right. In early civilisation the rule of succession is part of a
-comprehensive system of rights and duties which unite persons of
-the same kin. Professor Robertson Smith observes that in ancient
-Arabia all persons on whom the duty of blood-revenge lay
-originally had the right of inheritance;[126] and a similar
-connection between inheritance and blood-revenge is found among
-other peoples. This system of mutual rights and duties is
-generally one-sided, it has reference either to paternal or to
-maternal relatives, but not to both at once. Now, whatever be the
-reason why the one or the other method of reckoning kinship
-prevails among a certain people, it is in the present place
-sufficient to point out the influence which the idea of a common
-descent exercises upon the right of inheritance owing to its
-power of knitting together the persons to whom it refers.
-Besides, the duty connected with this right may also be of such a
-nature as to require a certain amount of wealth for its
-performance; among the Hindus, Greeks, and Romans, the right to
-inherit a dead man's property was exactly co-extensive with the
-duty of performing his obsequies and offering sacrifices to his
-spirit.[127] A further cause of children inheriting their
-father's property may be that they, to some extent, have
-previously been in joint possession of it; for, as we know,
-possession readily leads to ownership. They would have an
-additional claim to succeed to his property when it had been
-gathered by their labour, as well as his, or when they stood in
-need of the support which it had been the father's duty to give
-them had he been alive. Moreover, where a person's children are
-present on the spot at his death, they are apt to be the first
-occupants of his {55} property;[128] and we have noticed the
-importance of first occupancy as a means of establishing
-proprietary rights. The influence of these latter considerations,
-which are independent of the method of tracing descent, is
-apparent from the fact that among several peoples inheritance
-runs in the male line even though children take the mother's name
-and are considered to belong to her clan.[129] It may be added
-that a reason which modern writers often have assigned for giving
-the property of a person who dies intestate to his children or
-other near relatives is the supposition that in so disposing of
-it the law is only likely to do what the proprietor himself would
-have done, if he had done anything.[130]
-
-[Footnote 124: Plato, _Leges_, xi. 923. Maine, _Ancient Law_, p.
-184. Fustel de Coulanges, _op. cit._ p. 85. Leist, _Alt-arisches
-Jus Civile_, ii. 48. Mill, _op. cit._ i. 274. Kovalewsky,
-_Coutume contemporaine et loi ancienne_, p. 198 (Ossetes).]
-
-[Footnote 125: It is interesting to note that in the Chinese
-penal code stealing from a relative is punished less severely
-than other cases of theft, and that the mitigation of the
-punishment is proportionate to the nearness of the relationship
-(_Ta Tsing Leu Lee_, sec. cclxxii. p. 287). The reason for this
-is that, "according to the Chinese patriarchal system, a theft is
-not in this case a violation of an exclusive right, but only of
-the qualified interest which each individual has in his share of
-the family property" (Staunton, _ibid._ p. 287, n.*).]
-
-[Footnote 126: Robertson Smith, _Kinship and Marriage in Early
-Arabia_, pp. 55, 56, 66 _sq._]
-
-[Footnote 127: _Laws of Manu_, ix. 186 _sq._ Isaeus, _Oratio de
-Philoctemonis hereditate_, 51. Cicero, _De legibus_, ii. 19 _sq._
-Fustel de Coulanges, _op. cit._ p. 84. Maine, _Ancient Law_, p.
-191 _sq._]
-
-[Footnote 128: _Cf._ Mill, _op. cit._ i. 274.]
-
-[Footnote 129: Westermarck, _History of Human Marriage_,
-pp. 104, 111.]
-
-[Footnote 130: Hume, _Treatise of Human Nature_, ii. 3
-(_Philosophical Works_, ii. 280). Godwin, _Enquiry concerning
-Political Justice_, ii. 438. Mill, _op. cit._ i. 275.]
-
-In details the rules of succession are influenced by a variety of
-circumstances. Women may be excluded from inheritance or receive
-a smaller share than the men because the latter, being the
-stronger party, appropriate everything or the larger portion of
-the property for themselves;[131] or because the women are less
-in need of property, being supported by their male relatives or
-husbands;[132] or because they are exempt from the heaviest
-duties connected with kinship, as the duty of blood-revenge;[133]
-or, as was the case in the feudal system, because a female tenant
-is naturally unable to attend the lord in his wars;[134] or for
-the purpose of preventing the estate from passing to another
-family or tribe.[135] The idea of keeping together the property
-of the house also largely is at the bottom of the rule of
-primogeniture. {56} Besides, the eldest son is the most respected
-among the children, sometimes he is regarded quite as a sacred
-being.[136] On the death of the head of the family he is
-generally better suited than anybody else to take his place; and
-his privileged position with regard to inheritance is justified
-by the duties connected with it, especially the duty of looking
-after and supporting the other members of the household.[137] In
-feudalism, where tenancy implied duties as well as rights, it was
-also, from the lord's point of view, the simplest arrangement
-that when a tenant died a single person should fill the vacant
-place.[138] But there are many other points of view which may
-determine the rules of succession. It may be thought just that
-each child should have an equal share in the inheritance, and
-that something should be given also to the widow, whose
-maintenance devolved on the husband and who, whilst he was alive,
-had been in joint possession of many of his belongings. Or the
-youngest son may be the chief or the exclusive heir, partly
-perhaps for the sake of preventing a division of the property, or
-because the lord would have but one tenant,[139] but partly also
-because he had remained with his father till his death,[140] or
-"on the plea of his being less able to help himself on the death
-of the parents than his elder brethren, who have had their
-father's assistance in settling themselves in the world during
-his lifetime."[141] The Wanyamwezi, again, justify the practice
-of leaving property {57} to their illegitimate children by slave
-girls or concubines, to the exclusion of their legitimate
-offspring, "by the fact of the former requiring their assistance
-more than the latter, who have friends and relatives to aid
-them."[142] Generally there seems to be a close connection
-between illegitimate children's right to inheritance and the
-legal recognition of polygamous practices. This is indicated by a
-comparison between Oriental and Roman legislation on the subject,
-and, in Teutonic countries, between ancient custom and the later
-law, which was influenced by Christianity's horror of sexual acts
-falling outside the monogamous marriage relation. The privileges
-which Hindu law grants to the illegitimate children of Sûdras are
-due to the notion that the marriage of a member of this caste is
-itself considered to be of so low a nature as to be on a par with
-irregular connections.[143]
-
-[Footnote 131: _Cf._ Campbell, _Travels in South Africa_, p. 520
-(Kafirs).]
-
-[Footnote 132: _Cf._ Cranz, _op. cit._ i. 176 (Greenlanders);
-Macpherson, _Memorials of Service in India_, p. 62 (Kandhs);
-Hinde, _op. cit._ p. 51 (Masai); 'Inheritance and "Patria
-Potestas" in China,' in _China Review_, v. 406; Jolly, _loc.
-cit._ p. 83 (ancient Hindus); Post, _Entwicklungsgeschichte des
-Familienrechts_, p. 296 _sq._; _Idem_, _Grundriss der ethnol.
-Jurisprudenz_, i. 218 _sq._]
-
-[Footnote 133: _Cf._ Robertson Smith, _Kinship and Marriage in
-Early Arabia_, p. 65 _sq._; Stemann, _Den danske Retshistorie
-indtil Christian V.'s Lov_, p. 311 _sq._]
-
-[Footnote 134: _Cf._ Cleveland, _Woman under the English Law_,
-p. 83.]
-
-[Footnote 135: Shortland, _Traditions and Superstitions of the
-New Zealanders_, p. 256. Kingsley, _Travels in West Africa_, p.
-485. Post, _Grundriss der ethnol. Jurisprudenz_, i. 214. _Cf._
-_Numbers_, xxxvi. 1 _sqq._]
-
-[Footnote 136: _Supra_, i. 605, 606, 614. Gill, _Life in the
-Southern Isles_, p. 46 _sq._]
-
-[Footnote 137: Dalager, _op. cit._ pp. 29, 31; Cranz, _op. cit._
-i. 176 (Greenlanders). Munzinger, _Die Sitten und das Recht der
-Bogos_, p. 74. Hinde, _op. cit._ p. 51 (Masai). Of the B[=a]gdis
-of Bengal Mr. Risley expressly says (_op. cit._ p. 183) that the
-extra share which is given to the eldest son "seems to be
-intended to enable him to support the female members of the
-family, who remain under his care."]
-
-[Footnote 138: Pollock and Maitland, _op. cit._ ii. 274.]
-
-[Footnote 139: _Ibid._ ii. 280.]
-
-[Footnote 140: Risley, _op. cit._ p. 227 (Lusheis). Among the
-Angami Nagas the youngest son nearly always inherits his father's
-house, because sons, when marrying, leave the paternal mansion
-and build houses of their own (_ibid._ p. 209). It has been
-suggested that the custom of ultimogeniture "would naturally
-arise during the latter stages of the pastoral period, when the
-elder sons would in the ordinary course of events have 'set up
-for themselves' by the time of the father's death" (Jacobs,
-_Studies in Biblical Archæology_, p. 47; Gomme, quoted _ibid._ p.
-47, n. 1; Blackstone, _Commentaries on the Laws of England_,
-ii. 70 _sq._).]
-
-[Footnote 141: Tickell, in _Jour. Asiatic Soc. Bengal_, ix. pt.
-ii. 794, n.*]
-
-[Footnote 142: Burton, _Lake Regions of Central Africa_,
-ii. 23 _sq._]
-
-[Footnote 143: Jolly, _loc. cit._ p. 85.]
-
-Of the incapacity of children, wives, and slaves to acquire
-property for themselves little needs to be said, in the present
-connection, by way of explanation. Their exclusion from the right
-of independent ownership is an incident of their subjection to
-their parents, husbands, or masters. But we must remember that,
-whilst the latter have a right to dispose of the earnings of
-their subordinates, they also have the duty of supporting them,
-and that in early civilisation the child and the wife, sometimes
-even the slave,[144] are practically, as it were, joint owners of
-goods which in theory belong to the head of the family alone.
-
-[Footnote 144: Volkens, _op. cit._ p. 249 (Wadshagga).]
-
-We have still to explain the variations of moral judgments with
-regard to different acts of theft. That the condemnation of the
-offence varies in degree according to the value of the stolen
-goods follows from the fact that theft is disapproved of on
-account of the injury done to the owner. But in many cases, when
-the injury is very slight, the appropriation of another person's
-property is {58} justified by the needs of him who took it. And
-frequently, also, the condemnation of the thief is more concerned
-with his encroachment upon a neighbour's right than with
-measuring the exact amount of harm inflicted. Among the Basutos,
-says Casalis, "the idea of theft is expressed by a generic word
-which refers to the violation of right, much more than to the
-damage caused."[145] Burglary is regarded as an aggravated form
-of theft partly because it adds a fresh offence, the illicit
-entering into another person's house, to that against property,
-partly because it proves great premeditation in the
-offender.[146] Robbery is likewise a double offence, implying, as
-it does, an act of violence, and may on that account be more
-severely censured than ordinary theft; but in other cases the
-courage and strength displayed by the robber is looked upon as a
-mitigating circumstance, and sometimes substitutes admiration for
-disapproval, whereas the secret offender is despised as a coward.
-So, too, the secrecy of nocturnal theft may aggravate the crime,
-whilst at the same time the difficulty in providing against it
-may induce society to increase the punishment. But men are apt to
-admire not only bravery and force, but also dexterity and pluck,
-hence the appreciation of adroit theft. The same tendency in some
-measure accounts for the distinction between manifest and
-non-manifest theft; but here we have in the first place to
-remember that strong emotions are more easily aroused by the
-sight of an act than by the mere knowledge of its commission.[147]
-That the moral valuation of theft varies according to the station
-of the thief and the person robbed is due to the same causes as
-are similar variations with regard to other injuries; and
-so is the distinction between offences against the property of a
-tribesman or fellow-countryman and offences against the property
-of a stranger. The theory of the Roman jurists according to which
-the property of an enemy in war belongs to nobody as long as the
-hostilities last, and therefore becomes the property of the {59}
-captor by the right of occupation,[148] is only a play with words
-intended to give a reasonable justification to a practice which
-is really due to lack of regard for the feelings of strangers.
-When men at an early stage of civilisation respect a stranger's
-property the motive is undoubtedly in the main prudential.
-Savages may be anxious to prevent theft from a neighbouring tribe
-in order to avoid disagreeable consequences.[149] And I venture
-to think that the honesty they often display with regard to
-objects belonging to strangers who visit them, and especially
-with regard to things left in their charge,[150] largely springs
-from superstitious fear. We have noticed before that even the
-acceptance of gifts is supposed to be connected with supernatural
-danger, owing to the baneful magic energy with which the gift is
-suspected to be saturated.[151] Would not the same apply to the
-illicit appropriation of a stranger's belongings, and especially
-to trusts, which naturally call for great precaution on the part
-of the owner? This leads us to a subject of considerable
-importance in the history of property, namely, the influence
-which magic and religious beliefs have exercised on the regard
-for proprietary rights.
-
-[Footnote 145: Casalis, _Basutos_, p. 304.]
-
-[Footnote 146: _Cf._ Wilda, _op. cit._ p. 878 (ancient Teutons).]
-
-[Footnote 147: _Supra_, i. 294.]
-
-[Footnote 148: Hunter, _Roman Law_, p. 257. Puchta, _op. cit._
-ii. 220.]
-
-[Footnote 149: Sproat, _Scenes and Studies of Savage Life_,
-p. 159 (Ahts). Scott Robertson, _Káfirs of the Hindu-Kush_, p. 440.]
-
-[Footnote 150: See, besides statements referred to above,
-Lumholtz, _Unknown Mexico_, i. 420, and ii. 477; Nordenskiöld,
-_Vegas färd kring Asien och Europa_, ii. 140 _sq._ (Chukchi);
-Worcester, _Philippine Islands_, p. 413 (Mangyans); Colenso, _op.
-cit._ p. 43 (Maoris); Macdonald, _Light in Africa_, p. 212
-(Bantu); Campbell, _Travels in South Africa_, p. 517, and Leslie,
-_Among the Zulus and Amatongas_, p. 201 (Kafirs).]
-
-[Footnote 151: _Supra_, i. 593 _sq._]
-
-Theft is not only punished by men, but is supposed to be avenged
-by supernatural powers. The Alfura of Halmahera are said to be
-honest only because they fear that they otherwise would be
-subject to the punishment of spirits.[152] The natives of Efate,
-in the New Hebrides, maintained that theft was condemned by their
-gods.[153] In Aneiteum, another island belonging to the same
-group, thieves were supposed to be punished after death.[154] In
-Netherland Island they {60} were said to go to a prison of
-darkness under the earth;[155] according to the beliefs of the
-Banks Islanders they were excluded from the true Panoi or
-Paradise.[156] On the Gold Coast, "if a man had property stolen
-from his house, he might go to the priest of the local deity he
-was accustomed to worship, state the loss that had befallen him,
-make an offering of a fowl, rum, and eggs, and ask the priest to
-supplicate the god to punish the thief."[157] In Southern Guinea
-fetishes are inaugurated to detect and punish certain kinds of
-theft, and persons who are cognisant of such crimes and do not
-give information about them are also liable to be punished by the
-fetish.[158] The Bechuanas speak of an unknown being, vaguely
-called by the name of Lord and Master of things (Mongalinto), who
-punishes theft. One of them said: "When it thunders every one
-trembles; if there are several together, one asks the other with
-uneasiness, Is there any one amongst us who devours the wealth of
-others? All then spit on the ground saying, We do not devour the
-wealth of others. If a thunderbolt strikes and kills one of them,
-no one complains, no one weeps; instead of being grieved, all
-unite in saying that the Lord is delighted (that is to say, he
-has done right) with killing that man; we also say that the thief
-eats thunderbolts, that is to say, does things which draw down
-upon men such judgments."[159]
-
-[Footnote 152: Kükenthal, _Forschungsreise in den Molukken_, p. 188.]
-
-[Footnote 153: Macdonald, _Oceania_, p. 208.]
-
-[Footnote 154: Turner, _Samoa_, p. 326.]
-
-[Footnote 155: _Ibid._ p. 301.]
-
-[Footnote 156: Codrington, _Melanesians_, p. 274.]
-
-[Footnote 157: Ellis, _Tshi-speaking Peoples of the Gold Coast_,
-p. 75. See also Cruickshank, _op. cit._ ii. 152, 160, 184;
-Schultze, _Der Fetischismus_, p. 91.]
-
-[Footnote 158: Wilson, _Western Africa_, p. 275.]
-
-[Footnote 159: Arbousset and Daumas, _Exploratory Tour to the
-North-East of the Colony of the Cape of Good Hope_, p. 322 _sq._]
-
-According to the Zoroastrian Yasts, Rashnu Razista was "the best
-killer, smiter, destroyer of thieves and bandits."[160] In Greece
-Zeus [Greek: ktê/sios] was a guardian of the family
-property;[161] and according to a Roman tradition the domestic
-god repulsed the robber and kept off the enemy.[162] The removing
-of landmarks {61} has frequently been regarded as sacrilegious.[163]
-It was strictly prohibited by the religious law of the
-Hebrews.[164] In Greece boundaries were protected by Zeus [Greek:
-o(/rios]. Plato says in his 'Laws':--"Let no one shift the
-boundary line either of a fellow-citizen who is a neighbour, or,
-if he dwells at the extremity of the land, of any stranger who is
-conterminous with him. . . . Every one should be more willing to
-move the largest rock which is not a land mark, than the least
-stone which is the sworn mark of friendship and hatred between
-neighbours; for Zeus, the god of kindred, is the witness of the
-citizen, and Zeus, the god of strangers, of the stranger, and
-when aroused terrible are the wars which they stir up. He who
-obeys the law will never know the fatal consequences of
-disobedience, but he who despises the law shall be liable to a
-double penalty, the first coming from the Gods, and the second
-from the law."[165] The Romans worshipped Terminus or Jupiter
-Terminalis as the god of boundaries.[166] According to an old
-tradition, Numa directed that every one should mark the bounds of
-his landed property by stones consecrated to Jupiter, that yearly
-sacrifices should be offered to them at the festival of the
-Terminalia, and that, "if any person demolished or displaced
-these bound-stones, he should be looked upon as devoted to this
-god, to the end that anybody might kill him as a sacrilegious
-person with impunity and without being defiled with guilt."[167]
-In the higher religions theft of any kind is frequently condemned
-as a sin.
-
-[Footnote 160: _Yasts_, xii. 8.]
-
-[Footnote 161: Aeschylus, _Supplices_, 445. Farnell, _Cults of
-the Greek States_, i. 55.]
-
-[Footnote 162: Ovid, _Fasti_, v. 141.]
-
-[Footnote 163: Trumbull, _The Threshold Covenant_, p. 166 _sq._]
-
-[Footnote 164: _Deuteronomy_, xix. 14; xxvii. 17. _Proverbs_,
-xxii. 28; xxiii. 10 _sq._ _Hosea_, v. 10. _Cf._ _Job_, xxiv. 2.]
-
-[Footnote 165: Plato, _Leges_, viii. 842 _sq._ Demosthenes,
-_Oratio de Halonneso_, 39, p. 86. See also Hermann, _Disputatio
-de terminis eorumque religione apud Græcos_, _passim_.]
-
-[Footnote 166: Ovid, _Fasti_, ii. 639 _sqq._ Festus, _De verborum
-significatione_ 'Termino.' Lactantius, _Divinæ Institutiones_, i.
-10 (Migne, _Patrologiæ cursus_, vi. 227 _sqq._). Pauly,
-_Real-Encyclopädie der classischen Alterthumswissenschaft_, vi.
-pt. ii. 1707 _sqq._ Fowler, _Roman Festivals of the Period of the
-Republic_, p. 324 _sqq._]
-
-[Footnote 167: Dionysius of Halicarnassus, _Antiquitates Romanæ_,
-ii. 74. Plutarch, _Numa_, xvi. i. Festus, _op. cit._ 'Termino.']
-
-This religious sanction given to ownership is no doubt in some
-measure due to the same circumstances as, in certain cases, make
-morality in general a matter of divine {62} concern--a subject
-which will be dealt with in a future chapter. But there are also
-special reasons which account for it. Partly it has its origin in
-magic practices, particularly in the curse.
-
-Cursing is a frequent method of punishing criminals who cannot be
-reached in any other way.[168] In the Book of Judges we read of
-Micah's mother who had pronounced a curse with reference to the
-money stolen from her, and afterwards, when her son had confessed
-his guilt, hastened to render it ineffective by a blessing.[169]
-In early Arabia the owner of stolen property had recourse to
-cursing in order to recover what he had lost.[170] In Samoa "the
-party from whom anything had been stolen, if he knew not the
-thief, would seek satisfaction in sitting down and deliberately
-cursing him."[171] The Kamchadales "think they can punish an
-undiscovered theft by burning the sinews of the stonebuck in a
-publick meeting with great ceremonies of conjuration, believing
-that as these sinews are contracted by the fire so the thief will
-have all his limbs contracted."[172] Among the Ossetes, if an
-object has been secretly stolen, its owner secures the assistance
-of a sorcerer. They proceed together to the house of any person
-whom they suspect, the sorcerer carrying under his arm a cat,
-which is regarded as a particularly enchanted animal. He
-exclaims, "If thou hast stolen the article and dost not restore
-it to its owner, may this cat torment the souls of thy
-ancestors!" And such an imprecation is generally followed by a
-speedy restitution of the stolen property. Again, if their
-suspicions rest upon no particular individual, they proceed in the
-same manner from house to house, and the thief then, knowing that his
-turn must come, frequently confesses his guilt at once.[173] A common
-mode of detecting the perpetrator of a theft is to compel the
-suspected individual to make oath, {63} that is to say, to pronounce
-a conditional curse upon himself.[174]
-
-[Footnote 168: See, _e.g._, Mason, in _Jour. Asiatic Soc.
-Bengal_, xxxvii. pt. ii. 149 (Karens).]
-
-[Footnote 169: _Judges_, xvii. 2.]
-
-[Footnote 170: Wellhausen, _Reste arabischen Heidentums_, p. 192.]
-
-[Footnote 171: Turner, _Nineteen Years in Polynesia_, p. 318.]
-
-[Footnote 172: Krasheninnikoff, _History of Kamschatka_, p. 179 _sq._]
-
-[Footnote 173: von Haxthausen, _Transcaucasia_, p. 398 _sq._]
-
-[Footnote 174: von Struve, in _Das Ausland_, 1880, p. 796
-(Samoyedes). Worcester, _Philippine Islands_, p. 412 (Mangyans of
-Mindoro). Turner, _Nineteen Years in Polynesia_, p. 292 _sq._
-(Samoans). Bosman, _op. cit._ p. 125 (Negroes of the Gold Coast).
-Bowdich, _Mission to Ashantee_, p. 267; &c.]
-
-Cursing is resorted to not only for the purpose of punishing
-thieves or compelling them to restore what they have stolen, but
-also as a means of preventing theft. In the South Sea Islands it
-is a common practice to protect property by making it _taboo_,
-and the tabooing of an object is, as Dr. Codrington puts it, "a
-prohibition with a curse expressed or implied."[175] The curse is
-then, in many cases, deposited in some article which is attached
-to the thing or place it is intended to protect. The mark of
-taboo, in Polynesia called _rahui_ or _raui_, sometimes consists
-of a cocoa-nut leaf plaited in a particular way,[176] sometimes
-of a wooden image of a man or a carved post stuck in the
-ground,[177] sometimes of a bunch of human hair or a piece of an
-old mat,[178] and so forth. In Samoa there were various forms of
-taboo which formed a powerful check on stealing, especially from
-plantations and fruit-trees, and each was known by a special name
-indicating the sort of curse which the owner wished would fall on
-the thief. Thus, if a man desired that a sea-pike should run into
-the body of the person who attempted to steal, say, his
-bread-fruits, he would plait some cocoa-nut leaflets in the form
-of a sea-pike, and suspend it from one or more of the trees which
-he wanted to protect. This was called the "sea-pike taboo"; and
-any ordinary thief would be terrified to touch a tree from which
-this was suspended, believing that, if he did so, a fish of the
-said description would dart up and mortally wound him the next
-time he went to the sea. The "white shark taboo" was done by
-plaiting a cocoa-nut leaf in the form of a shark, and was
-tantamount to an {64} expressed imprecation that the thief might
-be devoured by the white shark when he went to fish. The
-"cross-stick taboo," again, consisted of a stick suspended
-horizontally from the tree, and meant that any thief touching the
-tree would have a disease running right across his body and
-remaining fixed there till he died.[179] Exactly equivalent to
-the taboo of the Pacific Islanders is the _pomali_ of the natives
-of Timor; "a few palm leaves stuck outside a garden as a sign of
-the _pomali_ will preserve its produce from thieves as
-effectually as the threatening notice of man-traps, spring-guns,
-or a savage dog, would do with us."[180] Among the Santals,
-whenever a person "is desirous of protecting a patch of jungle
-from the axes of the villagers, or a patch of grass from being
-grazed over, or a newly sown field from being trespassed upon, he
-erects a bamboo in his patch of grass or field, to which is
-affixed a tuft of straw, or in the case of jungle some prominent
-and lofty tree has the same prohibitory mark attached, which mark
-is well understood and strictly observed by all parties
-interested."[181] So also in Madagascar "on rencontre sur les
-chemins, on voit dans les champs de longs bâtons munis à leur
-sommet d'un paquet d'herbes et qui sont plantés en terre soit
-pour interdire le passage du terrain soit pour indiquer que les
-récoltes sont réservées à l'usage d'individus déterminés."[182]
-Among the Washambala the owner of a field sometimes puts a stick
-wound round with a banana leaf on the road to it, believing that
-anybody who without permission enters the field "will be subject
-to the curse of this charm."[183] The Wadshagga protect a
-doorless hut against burglars by placing a banana leaf over the
-threshold, and any maliciously inclined person who dares to step
-over it is supposed to get ill or die.[184] The Akka "stick an
-arrow in a bunch of bananas still on the stalk to mark it as
-their own {65} when ripe," and then not even the owner of the
-tree would think of touching the fruit so claimed by others.[185]
-Of the Barotse we are told that "when they do not want a thing
-touched they spit on straws and stick them all about the
-object."[186] When a Balonda has placed a beehive on a tree, he
-ties a "piece of medicine" round the trunk, and this will prove
-sufficient protection against thieves.[187] Jacob of Edessa tells
-us of a Syrian priest who wrote a curse and hung it on a tree,
-that nobody might eat the fruit.[188] In the early days of Islam
-a masterful man reserved water for his own use by hanging pieces
-of fringe of his red blanket on a tree beside it, or by throwing
-them into the pool;[189] and in modern Palestine nobody dares to
-touch the piles of stones which are placed on the boundaries of
-landed property.[190] The old inhabitants of Cumaná on the
-Caribbean Sea used to mark off their plantations by a single
-cotton thread, in the belief that anybody tampering with these
-boundary marks would speedily die.[191] A similar idea seems
-still to prevail among the Indians of the Amazon. Among the Jurís
-a traveller noticed that in places where the hedge surrounding a
-field was broken, it was replaced by a cotton string; and when
-Brazilian Indians leave their huts they often wind a piece of the
-same material round the latch of the door.[192] Sometimes they
-also hang baskets, rags, or flaps of bark on their
-landmarks.[193] In these and in various other instances just
-referred to it is not expressly stated that the taboo mark
-embodies a curse, but their similarity to cases in which it does
-so is striking enough to {66} preclude much doubt about their
-real meaning. It is true that an object which is sacred by itself
-may, on that account, protect everything in its neighbourhood;[194]
-in Morocco any article deposited in the _[h.]orm_ of a saint is
-safe, and among pagan Africans the same effect is produced by
-using fetishes as protectors of fields or houses.[195] But a
-thing of inherent holiness may also be chosen for taboo purposes
-for the reason that its sanctity is supposed to give particular
-efficacy to any curse with which it may be loaded.
-
-[Footnote 175: Codrington, _Melanesians_, p. 215.]
-
-[Footnote 176: Taylor White, in _Jour. Polynesian Soc._ i. 275.]
-
-[Footnote 177: Hamilton, _Maori Art_, p. 102; Thomson, _Story of
-New Zealand_, i. 102; Polack, _op. cit._ ii. 70 (Maoris). Ellis,
-_Polynesian Researches_, iii. 116 (Tahitians).]
-
-[Footnote 178: Thomson, _op. cit._ i. 102 (Maoris). See also
-Colenso, _op. cit._ p. 34 (Maoris); Ellis, _Polynesian
-Researches_, iii. 201 (Tahitians).]
-
-[Footnote 179: Turner, _Nineteen Years in Polynesia_, p. 294 _sqq._]
-
-[Footnote 180: Wallace, _Malay Archipelago_, p. 149 _sq._]
-
-[Footnote 181: Sherwill, 'Tour through the Rájmahal Hills,' in
-_Jour. Asiatic Soc. Bengal_, xx. 568.]
-
-[Footnote 182: van Gennep, _Tabou et totémisme à Madagascar_,
-p. 184 _sqq._]
-
-[Footnote 183: Lang, in Steinmetz, _Rechtverhältnisse_, p. 263.]
-
-[Footnote 184: Volkens, _op. cit._ p. 254.]
-
-[Footnote 185: Junker, _Travels in Africa during the Years
-1882-1886_, p. 86.]
-
-[Footnote 186: Decle, _op. cit._ p. 77.]
-
-[Footnote 187: Livingstone, _Missionary Travels_, p. 285.]
-
-[Footnote 188: Robertson Smith, _Religion of the Semites_,
-p. 164, n. 1.]
-
-[Footnote 189: _Ibid._ p. 336, n. 1.]
-
-[Footnote 190: Pierotti, _Customs and Traditions of Palestine_,
-p. 95 _sq._ According to Roman sources (_Digesta_, xlvii. 11. 9),
-there was in the province of Arabia an offence called [Greek:
-skopelismo/s], which consisted in laying stones on an enemy's
-ground as a threat that if the owner cultivated the land "malo
-leto periturus esset insidiis eorum, qui scopulos posuissent";
-and so great was the fear of such stones that nobody would go
-near a field where they had been put.]
-
-[Footnote 191: Gomara, _Primera parte de la historia general de
-las Indias_, ch. 79 (_Biblioteca de autores españoles_, xxii. 206).]
-
-[Footnote 192: von Martius, _Von dem Rechtszustande unter den
-Ureinwohnern Brasiliens_, p. 37 _sq._]
-
-[Footnote 193: _Ibid._ p. 34.]
-
-[Footnote 194: _Cf._ van Gennep, _op. cit._ p. 185 (natives of
-Madagascar). It was an ancient Roman usage to inter the dead in
-the field belonging to the family, and in the works of the elder
-Cato there is a formula according to which the Italian labourer
-prayed the manes to take good care against thieves (Fustel de
-Coulanges, _op. cit._ p. 75). Cicero says (_Pro domo_, 41) that
-the house of each citizen was sacred because his household gods
-were there.]
-
-[Footnote 195: Rowley, _Africa Unveiled_, p. 174. Bastian,
-_Afrikanische Reisen_, p. 78 _sq._ 3 Nassau, _Fetichism in West
-Africa_, p. 85. _Cf._ Schneider, _Die Religion der afrikanischen
-Naturvölker_, p. 230. If we knew the ceremonies with which
-magicians transform ordinary material objects into fetishes,
-we might perhaps find that they charge them with curses.
-Dr. Nassau says (_op. cit._ p. 85):--"For every human passion
-or desire of every part of our nature, for our thousand
-necessities or wishes, a fetich can be made, its operation being
-directed to the attainment of one specified wish." See also
-Schultze, _Der Fetischismus_, p. 109.]
-
-We have previously noticed another method of charging a curse
-with magic energy, namely, by giving it the form of an appeal to
-a supernatural being.[196] So also spirits or gods are frequently
-invoked in curses referring to theft. On the Gold Coast, "when
-the owner of land sees that some one has been making a clearing
-on his land, he cuts the young inner branches of the palm tree
-and hangs them about the place where the trespass has been
-committed. As he hangs each leaf he says something to the
-following effect: 'The person who did this and did not make it
-known to me before he did it, if he comes here to do any other
-thing, may fetish Katawere (or Tanor or Fofie or other fetish)
-kill him and all his family.'"[197] In Samoa, in the case of a
-theft, the suspected persons had to swear before the chiefs, each
-one invoking the village god to send swift destruction if he had
-committed the crime; and if all had sworn and the culprit was
-still undiscovered, the chiefs solemnly made a similar invocation
-on behalf of the {67} thief.[198] The Hawaiians seem likewise to
-have appealed to an avenging deity in certain cursing ceremonies,
-which they performed for the purpose of detecting or punishing
-thieves.[199] In ancient Greece it was a custom to dedicate a
-lost article to a deity, with a curse for those who kept it.[200]
-Of the Melanesian taboo, again, Dr. Codrington observes that the
-power at the back of it "is that of the ghost or spirit in whose
-name, or in reliance upon whom, it is pronounced."[201] In
-Ceylon, "to prevent fruit being stolen, the people hang up
-certain grotesque figures around the orchard and dedicate it to
-the devils, after which none of the native Ceylonese will dare
-even to touch the fruit on any account. Even the owner will not
-venture to use it till it be first liberated from the
-dedication."[202] On the landmarks of the ancient Babylonians,
-generally consisting of stone pillars in the form of a phallus,
-imprecations were inscribed with appeals to various deities. One
-of these boundary stones contains the following curse directed
-against the violator of its sacredness:--"Upon this man may the
-great gods Anu, Bêl, Ea, and Nusku, look wrathfully, uproot his
-foundation, and destroy his offspring"; and similar invocations
-are then made to many other gods.[203]
-
-[Footnote 196: _Supra_, i. 564.]
-
-[Footnote 197: _Jour. African Soc._ 110 xviii. January, 1906, p. 203.]
-
-[Footnote 198: Turner, _Samoa_, p. 19. _Idem_, _Nineteen Years in
-Polynesia_, p. 292 _sq._]
-
-[Footnote 199: Jarves, _History of the Hawaiian Islands_, p. 20.]
-
-[Footnote 200: Rouse, _Greek Votive Offerings_, p. 339.]
-
-[Footnote 201: Codrington, _op. cit._ p. 215.]
-
-[Footnote 202: Percival, _Account of the Island of Ceylon_, p. 198.]
-
-[Footnote 203: Trumbull, _The Threshold Covenant_, p. 166 _sq._
-Hilprecht, quoted _ibid._ p. 167 _sqq._]
-
-Now we can understand why gods so frequently take notice of
-offences against property. They are invoked in curses uttered
-against thieves; the invocation in a curse easily develops into a
-genuine prayer, and where this is the case the god is supposed to
-punish the offender of his own free will. Besides, he may be
-induced to do so by offerings. And when often appealed to in
-connection with theft, a supernatural being may finally come to
-be looked upon as a guardian of property. This, for instance, I
-take to be the explanation of the belief prevalent among the
-Berbers {68} of [H.]a[h.]a, in Southern Morocco, that some of the
-local saints punish thieves who approach their sanctuaries, even
-though the theft was committed elsewhere; being constantly
-appealed to in oaths taken by persons suspected of theft, they
-have become the permanent enemies of thieves. We can, further,
-understand why in some cases certain offences against property
-have actually assumed the character of a sacrilege, even apart
-from such as are committed in the proximity of a supernatural
-being. Curses are sometimes personified and elevated to the rank
-of divine agents; this, as we have seen, is the origin of the
-Erinyes of parents, beggars, and strangers, and of the Roman
-_divi parentum_ and _dii hospitales_; and this is also in all
-probability the origin of the god Terminus.[204] Or the curse may
-be transformed into an attribute of the chief god, not only
-because he is frequently appealed to in connection with offences
-of a certain kind, but also because such a god has a tendency to
-attract supernatural forces which are in harmony with his general
-nature. This explains the origin of conceptions such as Zeus
-[Greek: o(/rios] and Jupiter Terminalis, as well as the extreme
-severity with which Yahweh treated the removal of landmarks. In
-all these cases there are indications of a connection between the
-god and a curse. Apart from other evidence to be found in Semitic
-antiquities, there is the anathema of _Deuteronomy_, "Cursed be
-he that removeth his neighbour's landmark."[205] That the
-boundary stones dedicated to Zeus [Greek: o(/rios] were
-originally charged with imprecations appears from a passage in
-Plato's 'Laws' quoted above,[206] as also from inscriptions made
-on them.[207] The Etruscans cursed anyone who should touch or
-displace a boundary mark:--Such a person shall be condemned by
-the gods; his house shall disappear; his race shall be
-extinguished; his limbs shall be covered with ulcers and waste
-away; his land shall no longer produce {69} fruits; hail, rust,
-and the fires of the dog-star shall destroy his harvests.[208]
-Considering the important part played by blood as a conductor of
-imprecations, it is not improbable that the Roman ceremony of
-letting the blood of a sacrificial animal flow into the hole
-where the landmark was to be placed[209] was intended to give
-efficacy to a curse. In some parts of England a custom of
-annually "beating the bounds" of a parish has survived up to the
-present time, and this ceremony was formerly accompanied by
-religious services, in which a clergyman invoked curses on him
-who should transgress the bounds of his neighbour, and blessings
-on him who should regard the landmarks.[210]
-
-[Footnote 204: _Cf._ Festus, _op. cit._ 'Termino':--"Numa
-Pompilius statuit eum, qui terminum exarasset, et ipsum, et boves
-sacros esse."]
-
-[Footnote 205: _Deuteronomy_, xxvii. 17. _Cf._ _Genesis_,
-xxxi. 44 _sqq._]
-
-[Footnote 206: Plato, _Leges_, viii. 843: ". . . [Greek: ê)\n smikron
-li/thon o(ri/zonta philai/n kai\ e)/chthran e)/norkon
-para\ theô=n.]"]
-
-[Footnote 207: Xenophon, _Anabasis_, v. 3. 13. Hermann,
-_Disputatio de terminis apud Græcos_, p. 11.]
-
-[Footnote 208: _Rei agrariæ auctores legesque variæ_, edited by
-G[oe]sius, p. 258 _sq._]
-
-[Footnote 209: Siculus Flaccus, 'De conditionibus agrorum,' in
-_Rei agrariæ auctores_, p. 5.]
-
-[Footnote 210: Dibbs, 'Beating the Bounds,' in _Chambers's
-Edinburgh Journal_, N.S. xx. (1853) 49 _sqq._ Trumbull, _The
-Threshold Covenant_, p. 174 _sq._]
-
-The practice of cursing a thief may possibly even be at the
-bottom of the belief of some savages that such a person will be
-punished after death. In a following chapter we shall notice
-instances where the efficacy of a curse is supposed to extend
-beyond the grave. But we shall also find other reasons for savage
-doctrines of retribution in the world to come. In the cases
-referred to above it is not expressly said that the _post mortem_
-punishment of the thief is inflicted by a god.
-
-       *       *       *       *       *
-
-I have here only dealt with rules relating to property which have
-been recognised by custom or law. But the established principles
-of ownership have not always been admitted to be just: in the
-civilised countries of the West they have called forth an
-opposition which is rapidly gaining in strength. The limited
-scope of the present work does not allow me to attempt a detailed
-account of this movement, with its variety of arguments and its
-multitudinous schemes of reform. The main reasons for complaint
-are:--first, that our actual law of property does not ensure to
-every labourer the whole produce of his labour; secondly, that it
-does not provide for every want {70} a satisfaction proportionate
-to the available means. However much the opinions of the
-different schools of socialists may vary, every socialist
-organisation of property aims either at guaranteeing to the
-working-classes the entire product of their industry, or at
-reducing to just proportions individual needs and existing means
-of satisfaction by recognising the claim of every member of
-society to the commodities and services necessary to support
-existence, in preference to the satisfaction of the less pressing
-wants of others.[211] These aims are greatly hampered by the
-present system, in which land and capital are the property of
-private individuals freely struggling for increase of wealth, and
-especially by the legally recognised existence of unearned
-income[212]--the "rent" of the Saint-Simonians, the "surplus
-value" (_Mehrwert_) of Thompson and Marx,--for which the favoured
-recipient returns no personal equivalent to society, and which he
-is able to pocket because the wage labourer receives in
-money-wages less than the full value of the produce of his work.
-We have here a conflict between different principles of
-acquisition. Both the rule that the owner of a thing also owns
-what results from it, and the law of inheritance, leading as they
-do to unearned income, are intruding upon the principle of labour
-as a source of property. They, moreover, interfere with the right
-to subsistence, which in some measure, though often insufficiently,
-is recognised in all human societies;[213] for, as Marx observed,
-the accumulation of wealth at one pole means the accumulation of
-misery at the opposite pole.[214] This conflict between different
-principles or rights, all of which have deep foundations in human
-nature and the conditions of social life, has been brought about
-by certain {71} facts inherent in progressive civilisation. In
-simple societies the unearned income is small, because no fortunes
-exist, and the wants of those who are incapable of earning their
-own livelihood are provided for by the system of mutual aid.
-Progress in culture, on the other hand, has been accompanied by
-a more unequal distribution of wealth, and also by a decrease of
-social solidarity as a result of the increase and greater
-differentiation of the social unit. The unearned income has grown
-larger, the disproportion between the returns on capital and the
-reward for labour has in many cases become enormous, and hand in
-hand with the opulence of some goes the destitution of others. At
-the same time the injustice of prerogatives based on birth or
-fortune is keenly felt, the dignity of labour is recognised, and
-the working-classes are every day becoming more conscious both of
-their power and their rights. All this has resulted in a strong
-and wide-spread conviction that the actual law of property
-greatly differs from the ideal law. But much struggle will no
-doubt be required to bring them in harmony with one another. The
-present rights of property are supported not only by personal
-interests, but also by a deep-rooted feeling, trained in the
-school of tradition, that it would be iniquitous of the State to
-interfere with individuals' long-established claims to use at
-their pleasure the objects of wealth. The new scheme, on the
-other hand, derives strength from the fact that it aims at
-rectifying legal rights in accordance with existing needs, and
-that it lays stress on a method of acquisition which more than
-any other seems to appeal to the natural sense of justice in man.
-We are utterly unable to foresee in detail the issue of this
-struggle. But that the law of property will sooner or later
-undergo a radical change must be obvious to every one who
-realises that, though ideas of right and wrong may for some time
-outlive the conditions from which they sprang, they cannot do so
-for ever.
-
-[Footnote 211: See Menger, _Right to the whole Produce of
-Labour_, p. 5 _sqq._, Goos, _op. cit._ ii. 61.]
-
-[Footnote 212: The term "unearned income" (_arbeitsloses
-Einkommen_) has been proposed by Menger (_op. cit._ p. 3).]
-
-[Footnote 213: See _supra_, ch. xxiii., vol. i. 526 _sqq._ Among
-the Eskimo about Behring Strait (Nelson, in _Ann. Rep. Bur.
-Ethn._ xviii. 294) and the Greenlanders (Rink, _Eskimo Tales_, p.
-29 _sq._), if a man borrows an article from another and fails to
-return it, the owner is not entitled to claim it back, as they
-consider that when a person has enough property to enable him to
-lend some of it he has more than he needs.]
-
-[Footnote 214: Marx, _Capital_, p. 661.]
-
-
-
-
-CHAPTER XXX
-
-THE REGARD FOR TRUTH AND GOOD FAITH
-
-
-THE regard for truth implies in the first place that we ought to
-abstain from lying, that is, a wilful misrepresentation of facts,
-by word or deed, with the intention of producing a false belief.
-Closely connected with this duty is that of good faith or
-fidelity to promises, which requires that we should make facts
-correspond with our emphatic assertions as to our conduct in the
-future. Within certain limits these duties seem to be universally
-recognised, though the censure passed on the transgressor varies
-extremely in degree. But there are also many cases in which
-untruthfulness and bad faith are looked upon with indifference,
-or even held laudable or obligatory.
-
-Various uncivilised races are conspicuous for their great regard
-for truth; of some savages it is said that not even the most
-trying circumstances can induce them to tell a lie. Among others,
-again, falsehood is found to be a prevailing vice and the
-successful lie a matter of popular admiration.
-
-All authorities agree that the Veddahs of Ceylon are models of
-veracity. They "are proverbially truthful and honest."[1] They
-think it perfectly inconceivable that any person should say
-anything which is not true.[2] Mr. Nevill writes, "I never knew a
-true Vaedda to tell a lie, and the Sinhalese give them the same
-character."[3] Messrs. Sarasin had a similar experience:{73}--"The
-genuine Wood-Wedda always speaks the truth; we never heard a lie
-from any of them; all their statements are short and true."[4] A
-Veddah who had committed murder and was tried for it, instead of
-telling a lie in order to escape punishment, said simply nothing.[5]
-
-[Footnote 1: Bailey, 'Wild Tribes of the Veddahs of Ceylon,' in
-_Trans. Ethn. Soc._ N.S. ii. 291.]
-
-[Footnote 2: Hartshorne, in _Indian Antiquary_, viii. 320.]
-
-[Footnote 3: Nevill, in _Taprobanian_, i. 193.]
-
-[Footnote 4: Sarasin, _Forschungen auf Ceylon_, iii. 541. _Cf._
-_ibid._ iii. 542 _sq._; Schmidt, _Ceylon_, p. 276.]
-
-[Footnote 5: Sarasin, _op. cit._ iii. 543.]
-
-Other instances of extreme truthfulness are provided by various
-uncivilised tribes in India. The Saoras of the province of
-Madras, "like most of the hill people, . . . are not inclined to
-lying. If one Saora kill another he admits it at once and tells
-why he killed him."[6] The highlander of Central India is
-described as "the most truthful of beings, and rarely denies
-either a money obligation or a crime really chargeable against
-him."[7] A true Gond "will commit a murder, but he will not tell
-a lie."[8] The Kandhs, says Macpherson, "are, I believe, inferior
-in veracity to no people in the world. . . . It is in all cases
-imperative to tell the truth, except when deception is necessary
-to save the life of a guest."[9] And to break a solemn pledge of
-friendship is, in their opinion, one of the greatest sins a man
-can commit.[10] The Korwás inhabiting the highlands of
-Sirgúja--though they show great cruelty in committing robberies,
-putting to death the whole of the party attacked, even when
-unresisting--"have what one might call the savage virtue of
-truthfulness to an extraordinary degree, and, rightly accused,
-will at once confess and give you every required detail of the
-crime."[11] The Santals are noted for veracity and fidelity to
-their word even in the most trying circumstances.[12] A Kurubar
-"always speaks the truth."[13] Among the Hos "a reflection on a
-man's honesty or veracity may be sufficient to send him to
-self-destruction."[14] Among the Angami Nagas simple truth is
-highly regarded; it is rare for a statement to be made on oath,
-and rarer still for it to be false.[15] In the Chittagong Hills
-the Tipperahs are the only people among whom Captain Lewin {74}
-has met with meanness and lying;[16] and they, too, have
-previously been said to be, "as a rule, truthful and
-simple-minded.**"[17] The Karens of Burma have the following
-traditional precept:--"Do not speak falsehood. What you do not
-know, do not speak. Liars shall have their tongues cut out."[18]
-Among the Bannavs of Cambodia "severe penalties, such as slavery
-or exile, are imposed for lying."[19]
-
-[Footnote 6: Fawcett, _Saoras_, p. 17.]
-
-[Footnote 7: Forsyth, _Highlands of Central India_, p. 164. _Cf._
-_ibid._ p. 361; Sleeman, _Rambles and Recollections of an Indian
-Official_, ii. 109; Hislop, _Aboriginal Tribes of the Central
-Provinces_, p. 1.]
-
-[Footnote 8: Dalton, _Ethnology of Bengal_, p. 284. _Cf._
-Forsyth, _op. cit._ p. 155.]
-
-[Footnote 9: Macpherson, 'Religious Opinions and Observances of
-the Khonds,' in _Jour. Roy. Asiatic Soc._ vii. 196.]
-
-[Footnote 10: Macpherson, _Memorials of Service in India_, p. 94.]
-
-[Footnote 11: Dalton, _op. cit._ p. 230.]
-
-[Footnote 12: Elliot, 'Characteristics of the Population of
-Central and Southern India,' in _Jour. Ethn. Soc. London_, N.S.
-i. 106 _sq._]
-
-[Footnote 13: _Ibid._ i. 105.]
-
-[Footnote 14: Dalton, _op. cit._ p. 206. _Cf._ _ibid._ p. 204
-_sq._; Bradley-Birt, _Chota Nagpore_, p. 103.]
-
-[Footnote 15: Prain, 'Angami Nagas,' in _Revue coloniale
-internationale_, v. 490.]
-
-[Footnote 16: Lewin, _Wild Races of South-Eastern India_, p. 191.]
-
-[Footnote 17: Browne, quoted by Dalton, _op. cit._ p. 110.]
-
-[Footnote 18: Smeaton, _Loyal Karens of India_, p. 254.]
-
-[Footnote 19: Comte, quoted by Mouhot, _Travels in Indo-China,
-Cambodia, and Laos_, ii. 27. For the truthfulness of the
-uncivilised races of India see also Sleeman, _op. cit._ ii. 110
-_sqq._; Dalton, _op. cit._ p. 256 (Oraons); Crooke, _Tribes and
-Castes of the North-Western Provinces_, ii. 478 (Hâbûra); Fraser,
-_Tour through the Him[=a]l[=a] Mountains_, pp. 264 (inhabitants
-of Kunawur), 335 (Bhoteas); Iyer, in the Madras Government
-Museum's _Bulletin_, iv. 73 (Nay[=a]dis of Malabar); Walhouse,
-'Account of a Leaf-wearing Tribe on the Western Coast of India,'
-in _Jour. Anthr. Inst._ iv. 370 (Koragars).]
-
-The Andaman Islanders call falsehood _y[=u]bda_, that is, sin or
-wrong-doing.[20] The natives of Car Nicobar are not only very
-honest,[21] but "the accusation of untruthfulness brings them up
-in arms immediately."[22] The Dyaks of Borneo are praised for
-their honesty and great regard for truth.[23] Mr. Bock states that
-if they could not satisfactorily reply to his questions they
-hesitated to answer at all, and that if he did not always get the
-whole truth he always got at least nothing but the truth from
-them.[24] Veracity is a characteristic of the Alfura of
-Halmahera[25] and the Bataks of Sumatra, who only in cases of
-urgent necessity have recourse to a lie.[26] The Javanese, says
-Crawfurd, "are honourably distinguished from all the civilised
-nations of Asia by a regard for truth."[27] "In their intercourse
-with society," Raffles observes, "they display, in a high degree,
-the virtues of honesty, plain dealing, and candour. Their
-ingenuousness is such that, as the first Dutch authorities have
-acknowledged, prisoners brought to the bar on criminal charges,
-if really guilty, nine times out of ten confess, without disguise
-or equivocation, the full extent and exact circumstances of their
-offences, and communicate, when required, more information on the
-matter at issue than all the rest of the evidence."[28] Among the
-natives {75} of the Malay Archipelago there are some further
-instances of trustworthy and truthful peoples;[29] whereas others
-are described as distrustful and regardless of truth.[30] Thus
-the natives of Timor-laut lie without compunction when they think
-they can escape detection,[31] and of the Niase it is said that
-"truth is their bitter enemy."[32]
-
-[Footnote 20: Man, in _Jour. Anthr. Inst._ xii. 112.]
-
-[Footnote 21: Distant, in _Jour. Anthr. Inst._ iii. 4.]
-
-[Footnote 22: Kloss, _In the Andamans and Nicobars_, p. 227 _sq._]
-
-[Footnote 23: Ling Roth, _Natives of Sarawak_, i. 66-68, 82.
-Boyle, _Adventures among the Dyaks of Borneo_, p. 215. Selenka,
-_Sonnige Welten_, p. 47.]
-
-[Footnote 24: Bock, _Head-Hunters of Borneo_, p. 209.]
-
-[Footnote 25: Kükenthal, _Forschungsreise in den Molukken_, p. 188.]
-
-[Footnote 26: Junghuhn, _Battaländer auf Sumatra_, ii. 239.]
-
-[Footnote 27: Crawfurd, _History of the Indian Archipelago_, i. 50.]
-
-[Footnote 28: Raffles, _History of Java_, i. 248.]
-
-[Footnote 29: Riedel, _De sluik- en kroesharige rassen tusschen
-Selebes en Papua_, p. 96 (Serangese). St. John, _Life in the
-Forests of the Far East_, ii. 322 (Malays of Sarawak).]
-
-[Footnote 30: Marsden, _History of Sumatra_, p. 209 (natives of
-the interior of Sumatra). Riedel, _op. cit._ p. 314 (natives of
-the Luang-Sermata group). Steller, _De Sangi-Archipel_, p. 23.]
-
-[Footnote 31: Forbes, _A Naturalist's Wanderings in the Eastern
-Archipelago_, p. 320.]
-
-[Footnote 32: Modigliani, _Viaggio a Nías_, p. 467.]
-
-Veracity and probity were conspicuous virtues among various
-uncivilised peoples belonging to the Russian Empire. Georgi,
-whose work dates from the eighteenth century, says of the
-Chuvashes that they "content themselves with a simple affirmation
-or denial, and always keep their word";[33] of the Barabinzes,
-that "lying, duplicity, and fraud, are unknown among them";[34]
-of the Tunguses, that they "always appear to be what they really
-are," and that "lying seems to them the absurdest thing in the
-world, which prevents them being either suspicious or
-necessitated to accompany their affirmations by oaths or solemn
-protestations";[35] of the Kurilians, that they always speak the
-truth "with the most scrupulous fidelity."[36] Castrén states
-that the Zyrians, like the Finnish tribes generally, are
-trustworthy and honest,[37] and that the Ostyaks have no other
-oaths but those of purgation. Among them "witnesses never take
-the oath, but their words are unconditionally believed in, and
-everybody, with the exception of lunatics, is allowed to give
-evidence. Children may witness against their parents, brothers
-against brothers, a husband against his wife, and a wife against
-her husband."[38]
-
-[Footnote 33: Georgi, _Russia_, i. 110.]
-
-[Footnote 34: _Ibid._ ii. 229.]
-
-[Footnote 35: _Ibid._ iii. 78. _Cf._ _ibid._ iii. 109.]
-
-[Footnote 36: _Ibid._ iii. 192. _Cf._ Krasheninnikoff, _History
-of Kamschatka_, p. 236.]
-
-[Footnote 37: Castrén, _Nordiska resor och forskningar_, i. 257.]
-
-[Footnote 38: _Ibid._ i. 309 _sq._]
-
-The Aleuts were highly praised by Father Veniaminof for their
-truthfulness:--"These people detest lying, and never spread false
-rumours. . . . They are very much offended if any one doubts
-their word." They "despise hypocrisy in every respect," and "do
-not flatter nor make empty promises, even in order to escape
-reproof."[39] The regard in which truth is held by the Eskimo
-seems to vary among different tribes. Armstrong blames the
-Western Eskimo for being much {76} addicted to falsehood, and for
-seldom telling the truth, if there be anything to gain by a
-lie.[40] The Point Barrow Eskimo "are in the main truthful,
-though a detected lie is hardly considered more than a good joke,
-and considerable trickery is practised in trading."[41] Of the
-Eskimo at Igloolik, an island near Melville Peninsula, we are
-told that "their lies consist only of vilifying each other's
-character, with false accusations of theft or ill behaviour. When
-asking questions of an individual, it is but rarely that he will
-either advance or persist in an untruth. . . . Lying among them
-is almost exclusively confined to the ladies."[42] In his
-description of the Eskimo on the western side of Davis Strait and
-in the region of Frobisher Bay, Mr. Hall says that they despise
-and shun one who will _shag-la-voo_, that is, "tell a lie," and
-that they are rarely troubled by any of this class.[43] The
-Greenlanders are generally truthful towards each other, at least
-the men.[44] But if he can help it, a Greenlander will not tell a
-truth which he thinks may be unpleasant to the hearer, as he is
-anxious to stand on as good a footing as possible with his
-fellow-men.[45]
-
-[Footnote 39: Veniaminof, quoted by Dall, _Alaska_, pp. 396, 395.]
-
-[Footnote 40: Armstrong, _Discovery of the North-West Passage_,
-p. 196 _sq._]
-
-[Footnote 41: Murdoch, 'Ethnological Results of the Point Barrow
-Expedition,' in _Ann. Rep. Bur. Ethn._ ix. 41.]
-
-[Footnote 42: Lyon, _Private Journal during the Voyage of
-Discovery under Captain Parry_, p. 349.]
-
-[Footnote 43: Hall, _Arctic Researches_, p. 567.]
-
-[Footnote 44: Dalager, _Grønlandske Relationer_, p. 69. Cranz,
-_History of Greenland_, i. 171, 175. Nansen, _Eskimo Life_, p. 158.]
-
-[Footnote 45: Nansen, _Eskimo Life_, p. 101. _Idem_, _First
-Crossing of Greenland_, ii. 334 _sq._]
-
-The Thompson River Indians of British Columbia maintain that it
-is bad to lie, that if you do so people will laugh at you and
-call you a "liar."[46] Speaking of the Iroquois, Mr. Morgan says
-that the love of truth was a marked trait of the Indian
-character. "This inborn sentiment flourished in the period of
-their highest prosperity, in all the freshness of its primeval
-purity. On all occasions and at whatever peril, the Iroquois
-spoke the truth without fear and without hesitation.
-Dissimulation was not an Indian habit. . . . The Iroquois prided
-themselves upon their sacred regard for the public faith, and
-punished the want of it with severity when an occasion presented
-itself."[47] Loskiel likewise states that they considered lying
-and cheating heinous and scandalous offences.[48] Among the
-Chippewas there were a few persons addicted to lying, but these
-{77} were held in disrepute.[49] The Shoshones, a tribe of the
-Snake Indians, were frank and communicative in their intercourse
-with strangers, and perfectly fair in their dealings.[50] The
-Seminole Indians of Florida are commended for their
-truthfulness.[51] With special reference to the Navahos, Mr.
-Matthews observes, "As the result of over thirty years'
-experience among Indians, I must say that I have not found them
-less truthful than the average of our own race."[52] Among the
-Dacotahs lying "is considered very bad"; yet in this respect
-"every one sees the mote in his brother's eye, but does not
-discover the beam that is in his own,"[53] want of truthfulness
-and habitual dishonesty in little things being prevalent traits
-in their character.[54] So, also, the Thlinkets admit that
-falsehood is criminal, although they have recourse to it without
-hesitation whenever it suits their purpose.[55] Of the
-Chippewyans, again, it is said that they carry the habit of lying
-to such an extent, even among themselves, that they can scarcely
-be said to esteem truth a virtue.[56] The Crees are "not very
-strict in their adherence to truth, being great boasters."[57]
-Heriot[58] and Adair[59] speak of the treacherous or deceitful
-disposition of the North American Indians; but the latter adds
-that, though "privately dishonest," they are "very faithful
-indeed to their own tribe."
-
-[Footnote 46: Teit, 'Thompson Indians of British Columbia,' in
-_Memoirs of the American Museum of Natural History_,
-Anthropology, i. 366.]
-
-[Footnote 47: Morgan, _League of the Iroquois_, pp. 335, 338.]
-
-[Footnote 48: Loskiel, _History of the Mission of the United
-Brethren among the Indians in North America_, i. 16.]
-
-[Footnote 49: Keating, _Expedition to the Source of St. Peter's
-River_, ii. 168.]
-
-[Footnote 50: Lewis and Clarke, _Travels to the Source of the
-Missouri River_, p. 306.]
-
-[Footnote 51: Maccauley, 'Seminole Indians of Florida,' in _Ann.
-Rep. Bur. Ethn._ v. 491.]
-
-[Footnote 52: Matthews, 'Study of Ethics among the Lower Races,'
-in _Jour. of American Folk-Lore_, xii. 5.]
-
-[Footnote 53: Schoolcraft, _Indian Tribes of the United States_,
-ii. 196.]
-
-[Footnote 54: Eastman, _Dacotah_, p. xvii.]
-
-[Footnote 55: Douglas, quoted by Petroff, _Report on Alaska_,
-p. 177.]
-
-[Footnote 56: Richardson, _Arctic Searching Expedition_, ii. 18.
-_Cf._ _ibid._ ii. 19.]
-
-[Footnote 57: Richardson, in Franklin, _Journey to the Shores of
-the Polar Sea_, p. 63.]
-
-[Footnote 58: Heriot, _Travels through the Canadas_, p. 319.]
-
-[Footnote 59: Adair, _History of the American Indians_, p. 4.]
-
-Of the regard in which truth is held by the Indians of South
-America the authorities I have consulted have little to say. The
-Coroados are not deceitful.[60] The Tehuelches of Patagonia
-nearly always lie in minor affairs, and will invent stories for
-sheer amusement. "In anything of importance, however, such as
-guaranteeing the safety of a person, they were very truthful, as
-long as faith was kept with them. After a time," Lieutenant
-Musters adds, "when they ascertained that I invariably avoided
-deviating in any way from the truth, they left off lying to me
-even in minor matters. This will serve to show that they are not
-of the treacherous nature assigned to {78} them by some ignorant
-writers."[61] Among the Fuegians, according to Mr. Bridge, no one
-can trust another, lying tales of slander are very common, great
-exaggeration is used, and it is not even considered wrong to tell
-a lie.[62] Snow, however, speaks of "the honesty they undoubtedly
-evince in many of their transactions";[63] and Darwin states that
-the Fuegian boy on board the Beagle "showed, by going into the
-most violent passion, that he quite understood the reproach of
-being called a liar, which in truth he was."[64]
-
-[Footnote 60: von Spix and von Martius, _Travels in Brazil_,
-ii. 242.]
-
-[Footnote 61: Musters, _At Home with the Patagonians_, p. 195 _sq._]
-
-[Footnote 62: Bridges, in _A Voice for South America_, xiii. 202
-_sq._ _Cf._ Hyades and Deniker, _Mission scientifique du Cap
-Horn_, vii. 242; King and Fitzroy, _Voyages of the "Adventure"
-and "Beagle,"_ ii. 188.]
-
-[Footnote 63: Snow, _Two Years Cruise off Tierra del Fuego_, i. 347.]
-
-[Footnote 64: Darwin, _Journal of Researches_, p. 227.]
-
-Of the Australian aborigines we are told that some tribes and
-families display on nearly all occasions honesty and
-truthfulness, whereas others "seem almost destitute of the better
-qualities."[65] According to Mr. Mathew, they are not wantonly
-untruthful, although one can rely on them being faithful to a
-trust only on condition that they are exempt from strong
-temptation.[66] Mr. Curr admits that under some circumstances
-they are treacherous, and that it costs them little pain to lie;
-but from his own observations he has no doubt that the black
-feels, in the commencement of his career at least, that lying is
-wrong.[67] Mr. Howitt has found the South Australian Kurnai "to
-compare not unfavourably with our own people in their narration
-of occurrences, or as witnesses in courts of justice as to facts.
-Among them a person known to disregard truth is branded as a liar
-(_jet-bolan_)."[68] Among the aborigines of New South Wales
-people who cause strife by lying are punished, and "liars are
-much disliked"; Dr. Fraser was assured by a person who had had
-much intercourse with them for thirty years that he never knew
-them to tell a lie.[69] Among the tribes of Western Victoria
-described by Mr. Dawson liars are detested; should any man,
-through lying, get others into trouble, he is punished with the
-boomerang, whilst women and young people, for the same fault, are
-beaten with a stick.[70] In his description of his expeditions
-into Central Australia Eyre writes, "In their intercourse with
-each other I {79} have generally found the natives to speak the
-truth and act with honesty, and they will usually do the same
-with Europeans if on friendly terms with them."[71] With regard
-to West Australian tribes Mr. Chauncy states that they are
-certainly not remarkable for their treachery, and that he has
-very seldom known any of them accused of it. He adds that they
-are "habitually honest among themselves, if not truthful," and
-that, during his many years' acquaintance with them, he does not
-remember ever hearing a native utter a falsehood with a definite
-idea of gaining anything by it. "If questioned on any subject, he
-would form his reply rather with the view of pleasing the
-enquirer than of its being true; but this was attributable to his
-politeness."[72] According to a late Advocate-General of West
-Australia, "when a native is accused of any crime, he often
-acknowledges his share in the transaction with perfect
-candour."[73] Very different from these accounts is Mr. Gason's
-statement concerning the Dieyerie in South Australia. "A more
-treacherous race," he says, "I do not believe exists. They imbibe
-treachery in infancy, and practise it until death, and have no
-sense of wrong in it. . . . They seem to take a delight in lying,
-especially if they think it will please you. Should you ask them
-any question, be prepared for a falsehood, as a matter of course.
-They not only lie to the white man, but to each other, and do not
-appear to see any wrong in it."[74] The natives of Botany Bay and
-Port Jackson in New South Wales are by older writers described as
-no strangers to falsehood.[75] And speaking of a tribe in North
-Queensland, Mr. Lumholtz observed that "an Australian native can
-betray anybody," and that "there is not one among them who will
-not lie if it is to his advantage."[76]
-
-[Footnote 65: Brough Smyth, _Aborigines of Victoria_, i. 25.]
-
-[Footnote 66: Mathew, 'Australian Aborigines,' in _Jour. and
-Proceed. Roy. Soc. N.S. Wales_, xxiii. 387.]
-
-[Footnote 67: Curr, _Australian Race_, i. 43, 100.]
-
-[Footnote 68: Fison and Howitt, _Kamilaroi and Kurnai_, p. 256.]
-
-[Footnote 69: Fraser, _Aborigines of New South Wales_, pp. 41, 90.]
-
-[Footnote 70: Dawson, _Australian Aborigines_, p. 76.]
-
-[Footnote 71: Eyre, _Expeditions of Discovery into Central
-Australia_, ii. 385.]
-
-[Footnote 72: Chauncy, quoted by Brough Smyth, _op. cit._ ii.
-275, 281. _Cf._ Oldfield, 'Aborigines of Australia,' in _Trans.
-Ethn. Soc._ N.S. iii. 255.]
-
-[Footnote 73: Moore, quoted by Brough Smyth, _op. cit._ ii. 278.]
-
-[Footnote 74: Gason, 'Dieyerie Tribe of Australian Aborigines,'
-in Woods, _Native Tribes of South Australia_, p. 257 _sq._]
-
-[Footnote 75: Collins, _English Colony in New South Wales_, i.
-600. Barrington, _History of New South Wales_, p. 22.]
-
-[Footnote 76: Lumholtz, _Among Cannibals_, p. 100.]
-
-According to Mr. Hale, the Polynesians are not naturally
-treacherous, by no means from a horror of deception, but
-apparently from a mere inaptitude at dissembling; and it is said
-that the word of a Micronesian may generally be relied upon.[77]
-To the Tonga Islanders a false accusation appeared more horrible
-than deliberate murder does to us, and they also put this {80}
-principle into practice.[78] We are told by Polack that among the
-Maoris of New Zealand lying is universally practised by all
-classes, and that an accomplished liar is accounted a man of
-consummate ability.[79] But Dieffenbach found that, if treated
-with honesty, they were always ready to reciprocate such
-treatment;[80] and, according to another authority, they believed
-in an evil spirit whom they said was "a liar and the father of
-lies."[81] The broad statement made by von Jhering, that among
-the South Sea Islanders lying is regarded as a harmless and
-innocent play of the imagination,[82] is certainly not correct.
-The treacherous disposition attributed to the Caroline
-Islanders[83] and the natives of New Britain[84] does not imply
-so much as that. The New Caledonians are, comparatively speaking,
-"not naturally dishonest."[85] The Solomon Islanders are praised
-as faithful and reliable workmen and servants,[86] though
-cheating in trade is nowadays very common among some of them.[87]
-Of the people of Erromanga, in the New Hebrides, the Rev. H. A.
-Robertson states that "truth, in heathenism, was told only when
-it suited best, but," he adds, "it is not that natives are always
-reckless about the truth so much as that they seem utterly
-incapable of stating anything definitely, or stating a thing just
-as it really occurred."[88] In the opinion of some authorities,
-the Fijians are very untruthful and regard adroit lying as an
-accomplishment.[89] Their propensity to lie, says the missionary
-Williams, "is so strong that they seem to have no wish to deny
-its existence, or very little shame when convicted of a
-falsehood." The universal prevalence of the habit of lying is so
-thoroughly taken for granted, "that it is common to hear, after
-the most ordinary statement, the rejoinder, 'That's a lie,' or
-something to the same effect, at which the accused person does
-not think of taking offence." But the same writer adds:--"Natives
-have often told me lies, manifestly without any ill-will, and
-when it would have been far more to their advantage to have
-spoken the truth. The Fijians hail as agreeable companions those
-who are {81} skilful in making tales, but, under some
-circumstances, strongly condemn the practice of falsehood. . . .
-On matters most lied about by civilised people, the native is the
-readiest to speak the truth. Thus, when convicted of some
-offence, he rarely attempts to deny it, but will generally
-confess all to any one he esteems. . . . The following incident
-shows that lying _per se_ is condemned and considered
-disreputable. A white man, notorious for falsehood, had
-displeased a powerful chief, and wrote asking me to intercede for
-him. I did so; when the chief dismissed the case briefly, saying,
-'Tell--that no one hates a foreigner; but tell him that every one
-hates a liar!'"[90] Other writers even deny that the Fijians were
-habitual liars;[91] and Erskine found that those chiefs with whom
-he had to deal were so open to appeals to their good faith as to
-convince him "that they had a due appreciation of the virtue of
-truth."[92]
-
-[Footnote 77: Hale, _U.S. Exploring Expedition, Vol. VI.
-Ethnography and Philology_, pp. 16, 73.]
-
-[Footnote 78: Mariner, _Natives of the Tonga Islands_, ii. 163
-_sq._]
-
-[Footnote 79: Polack, _Manners and Customs of the New
-Zealanders_, ii. 102 _sq._ See also Colenso, _Maori Races of New
-Zealand_, pp. 44, 46.]
-
-[Footnote 80: Dieffenbach, _Travels in New Zealand_, ii. 109.]
-
-[Footnote 81: Yate, _Account of New Zealand_, p. 145.]
-
-[Footnote 82: von Jhering, _Der Zweck im Recht_, ii. 606.]
-
-[Footnote 83: Angas, _Polynesia_, p. 386.]
-
-[Footnote 84: Powell, _Wanderings in a Wild Country_, p. 262.]
-
-[Footnote 85: Anderson, _Travel in Fiji and New Caledonia_, p. 233.]
-
-[Footnote 86: Parkinson, _Zur Ethnographie der nordwestlichen
-Salomo Inseln_, p. 4.]
-
-[Footnote 87: Sommerville, 'Ethnogr. Notes in New Georgia,' in
-_Jour. Anthr. Inst._ xxvi. 393.]
-
-[Footnote 88: Robertson, _Erromanga_, p. 384 _sq._]
-
-[Footnote 89: Wilkes, _U.S. Exploring Expedition_, iii. 76.]
-
-[Footnote 90: Williams and Calvert, _Fiji_, p. 107 _sq._]
-
-[Footnote 91: Erskine, _Cruise among the Islands of the Western
-Pacific_, p. 264. Anderson, _Travel in Fiji and New Caledonia_,
-p. 130.]
-
-[Footnote 92: Erskine, _op. cit._ p. 264.]
-
-Nowhere in the savage world is truth held in less estimation than
-among many of the African races. The Negroes are described as
-cunning and liars by nature.[93] They "tell a lie more readily
-than they tell the truth," and falsehood "is not recognised
-amongst them as a fault."[94] They lie not only for the sake of
-gaining some advantage by it, or in order to please or amuse, but
-their lies are often said to be absolutely without purpose.[95]
-Of the natives of the Gold Coast the old traveller Bosman says,
-"The Negroes are all, without exception, crafty, villainous and
-fraudulent, and very seldom to be trusted, being sure to slip no
-opportunity of cheating an European, nor indeed one another."[96]
-Among all the Bakalai tribes "lying is thought an enviable
-accomplishment."[97] The Bakongo, in their answers, "will
-generally try and tell the questioner what they think will please
-him most, quite ignoring the truthfulness we consider it
-necessary to observe in our replies."[98] Miss Kingsley's
-experience of West African natives is likewise that they "will
-say 'Yes' to any mortal thing, if they think you want them
-to."[99] The Wakamba are described as great liars.[100] {82}
-Among the Waganda "truth is held in very low estimation, and it
-is never considered wrong to tell lies; indeed, a successful liar
-is considered a smart, clever fellow, and rather admired."[101]
-Untruthfulness is said to be "a national characteristic" of the
-tribes inhabiting the region of Lake Nyassa.[102] From his
-experience of the Eastern Central Africans, the Rev. D. Macdonald
-writes: "'Telling lies' is much practised and is seldom
-considered a fault. . . . The negro often thinks that he is
-flattered by being accused of falsehood. So, when natives wish to
-pay a high compliment to a European who has told them an
-interesting story, they look into his face and say, 'O father,
-you are a great liar.'"[103] To the Wanika, says Mr. New, lying
-is "almost as the very breath of their nostrils, and all classes,
-young and old, male and female, indulge in it. A great deal of
-their lying is without cause or object; it is lying for lying's
-sake. You ask a man his name, his tribe, where he lives, or any
-other simple question of like nature, and the answer he gives you
-will, as a rule, be the very opposite to the truth; yet he has
-nothing to evade or gain by so doing. Lying seems to be more
-natural to him than speaking the truth. He lies when detection is
-evident, and laughs at it as though he thought it a good joke. He
-hears himself called a _mulongo_ (liar) a score of times a day,
-but he notices it not, for there is no opprobrium in the term to
-him. To hide a fault he lies with the most barefaced audacity and
-blindest obstinacy. . . . When his object is gain, he will invent
-falsehoods wholesale. . . . He boasts that _ulongo_ (lying) is
-his _pesa_ (piece, ha'pence), and holds bare truth to be the most
-unprofitable commodity in the world. But while he lies
-causelessly, objectlessly, recklessly in self-defence or for
-self-interest, he is not a malicious liar. He does not lie with
-express intent to do others harm; this he would consider immoral,
-and he has sufficient goodness of heart to avoid indulging
-therein. . . . I have often been struck with the manner in which
-he has controlled his tongue when the character and interest of
-others have been at stake."[104] If a Bantu of South-Eastern
-Africa "undertakes the charge of any form of property, he
-accounts for it with as great fidelity as if he were the Keeper
-of the Great Seal. But, on the other hand, there are many
-circumstances in which falsehood is not reckoned even a disgrace,
-and if a man could {83} extricate himself from difficulties by
-lying and did not do so, he would be simply thought a fool."[105]
-Andersson speaks of the "lying habits" of the Herero.[106] Of the
-Bachapins, a Bechuana tribe, Burchell observes that among their
-vices a universal disregard for truth and a want of honourable
-adherence to their promise stand high above the rest, the
-consequence of this habitual practice of lying being "the absence
-of shame, even on being detected."[107] Among the Kafirs
-"deception is a practised art from early childhood; even the
-children will not answer a plain question."[108] It is considered
-a smart thing to deceive so long as a person is not found out,
-but it is awkward to be detected; hence a native father will
-enjoy seeing his children deceive people cleverly.[109] "In
-trading with them, you may make up your mind that all they tell
-you is untrue, and act accordingly. . . . Your own natives, on
-the other hand, if they like you, will lie for your benefit as
-strongly as the opposite party against you; and both sides think
-it all fair trade."[110] And in a Kafir lawsuit "defendant,
-plaintiff, and witnesses are allowed to tell as many lies as they
-like, in order to make the best of their case."[111] But we also
-hear that Kafirs do not tell lies to their chiefs, and that there
-are many among them who would never deceive a white man whom they
-are fond of or respect.[112] Among the Bushmans veracity is said
-to be too often, yet not always, disregarded, "and the neglect of
-it considered a mere venial offence."[113] "The first version of
-what a Bushman or any native has to say can never be relied on;
-whatever you ask him about, he invariably says first, 'I don't
-know,' and then promises to tell you all he does know. Ask him
-for news, and he says, 'No; we have got no news,' and shortly
-afterwards he will tell you news of perhaps great interest."[114]
-In Madagascar there was no stigma attached to deceit or fraud;
-they "were rather admired as proofs of superior cunning, as
-things to be imitated, so far at least as they would not bring
-the offender within the penalties of the native laws."[115] Ellis
-says that "the best sign of genius in children is esteemed a
-quickness to deceive, {84} overreach and cheat. The people
-delight in fabulous tales, but in none so much or universally as
-in those that relate instances of successful deceit or fraud. . . .
-Their constant aim is, in business to swindle, in professed
-friendship to extort, and in mere conversation to exaggerate and
-fabricate."[116] These statements refer to the Hovas; but among
-the Betsileo, inhabiting the same island, lying and cheating are
-equally rife, and "neither appears to have been thought a sin, so
-long as it remained undiscovered."[117] At the same time many of
-the Madagascar proverbs are designed to put down lying, and to
-show that truth is always best.[118]
-
-[Footnote 93: Baker, _Albert N'yanza_, i. 289. Burton, _Mission
-to Gelele_, ii. 199.]
-
-[Footnote 94: Reade, _Savage Africa_, p. 580.]
-
-[Footnote 95: Hübbe-Schleiden, _Ethiopien, Studien über
-West-Afrika_, p. 186 _sq._]
-
-[Footnote 96: Bosman, _New Description of the Coast of Guinea_,
-p. 100.]
-
-[Footnote 97: Du Chaillu, _Explorations and Adventures in
-Equatorial Africa_, p. 390. _Cf._ _ibid._ p. 331.]
-
-[Footnote 98: Ward, _Five Years with the Congo Cannibals_, p. 47.]
-
-[Footnote 99: Kingsley, _Travels in West Africa_, p. 525.]
-
-[Footnote 100: Krapf, _Travels in Eastern Africa_, p. 355.]
-
-[Footnote 101: Wilson and Felkin, _Uganda_, i. 224. _Cf._ Felkin,
-'Notes on the Waganda Tribe,' in _Proceed. Roy. Soc. Edinburgh_,
-xiii. 722; Ashe, _Two Kings of Uganda_, p. 295.]
-
-[Footnote 102: Macdonald, 'East Central African Customs,' in
-_Jour. Anthr. Inst._ xxii. 119.]
-
-[Footnote 103: Macdonald, _Africana_, i. 262 _sq._]
-
-[Footnote 104: New, _Life, Wanderings, and Labours in Eastern
-Africa_, p. 96 _sqq._]
-
-[Footnote 105: Macdonald, _Light in Africa_, p. 211.]
-
-[Footnote 106: Andersson, _Lake Ngami_, p. 217. _Cf._ _ibid._
-p. 499 (Bayeye).]
-
-[Footnote 107: Burchell, _Travels in the Interior of Southern
-Africa_, ii. 553 _sq._]
-
-[Footnote 108: Holden, _The Past and Future of the Kaffir Races_,
-p. 179.]
-
-[Footnote 109: Kidd, _The Essential Kafir_, p. 285.]
-
-[Footnote 110: Leslie, _Among the Zulus and Amatongas_, p. 199.
-_Cf._ _ibid._ p. 202.]
-
-[Footnote 111: Maclean, _Compendium of Kafir Laws and Customs_,
-p. 58.]
-
-[Footnote 112: Kidd, _The Essential Kafir_, p. 286.]
-
-[Footnote 113: Burchell, _op. cit._ ii. 54.]
-
-[Footnote 114: Chapman, _Travels in the Interior of South
-Africa_, i. 76 _sq._]
-
-[Footnote 115: Sibree, _The Great African Island_, p. 338.]
-
-[Footnote 116: Ellis, _History of Madagascar_, i. 143 _sq._]
-
-[Footnote 117: Sibree, _op. cit._ p. 125. Shaw, 'Betsileo,' in
-_Antananarivo Annual_, iii. 79.]
-
-[Footnote 118: Clemes, 'Malagasy Proverbs,' _ibid._ iv. 29.]
-
-But in Africa, also, there are many peoples who have been
-described as regardful of truth and hostile to falsehood. Early
-travellers speak very highly of the sincerity of the Hottentots.
-Father Tachart says that they have more honesty than is almost
-anywhere found among Christians;[119] and Kolben agrees with him,
-asserting that the word of a Hottentot is sacred, and that there
-is hardly anything upon earth which he looks upon as a fouler
-crime than breach of engagement.[120] According to Barrow, the
-Hottentots are perfectly honest and faithful, and, "if accused of
-crimes of which they have been guilty, they generally divulge the
-truth."[121] Of the Manansas Dr. Holub states that, so far as his
-experience goes, they are beyond the average for honesty and
-fidelity, and are consequently laughed at by the more powerful
-tribes as "the simpletons of the North."[122] The Bahima in the
-Uganda Protectorate are usually very honest and truthful, and
-most of the Nandi think it very wicked to tell a lie.[123] Among
-the For tribe of Central Africa "lying is held to be a great
-crime; even the youngest children are severely beaten for it, and
-any one over fifteen or sixteen who is an habitual liar suffers
-the loss of one lip as a penalty."[124] Speaking of the natives
-of Sierra Leone, Winterbottom remarks that, in proportion as we
-advance into the interior of the country, the people are found to
-be more devoid of art and more free from suspicion.[125] "Those
-who have dealings with the Fán universally {85} prefer them in
-point of honesty and manliness to the Mpongwe and Coast races,"
-and it is an insult to call one of them a liar or coward.[126]
-Monrad, who wrote in the beginning of the nineteenth century,
-asserts that among the Negroes of Accra lying is by no means
-common and that they are as a rule honest towards their own
-people.[127] According to an early authority, the people of Great
-Benin were very straightforward and did not cheat each
-other.[128] Mr. and Mrs. Hinde write that the Masai are as a race
-truthful, and that a grown-up person among them will not lie; "he
-may refuse to answer a question, but, once given, his word can be
-depended on."[129] Dr. Baumann, on the other hand, says that they
-often lie, but that they regard lying as a great fault.[130] The
-Guanches of the Canary Islands are stated to have been "slaves to
-their word."[131] Of the Berbers of Morocco Leo Africanus
-writes:--"Most honest people they are, and destitute of all fraud
-and guile. . . . They keep their couenant most faithfully;
-insomuch that they had rather die than breake promise."[132] M.
-Dyveyrier found the same virtue among the Touareg, another Berber
-people:--"La fidélité aux promesses, aux traités, est poussée si
-loin par les Touareg, qu il est difficile d'obtenir d'eux des
-engagements. . . . Il est de maxime chez les Touâreg, en matière
-de contrat, de ne s'engager que pour la moitié de ce qu'on peut
-tenir, afin de ne pas s'exposer au reproche d'infidélité. . . .
-Le mensonge, le vol domestique et l'abus de confiance sont
-inconnus des Touâreg."[133] As regards the truthfulness of the
-African Arabs opinions vary. Parkyns asks, "Who is more
-trustworthy than the desert Arab?"[134] According to Rohlfs and
-Chavanne, on the other hand, the Arabs of the Sahara are much
-addicted to lying;[135] and of the Arabs of Egypt Mr. St. John
-observes:--"There is no general appreciation of a man's word. . . .
-'Liar' is a playful appellative scarcely reproachful; and 'I
-have told a lie' a confession that may be made without a
-blush."[136] Herodotus' statement that "the Arabs observe pledges
-as religiously as any people,"[137] is true of the Bedouins of
-Arabia in the {86} present day. "No vice or crime is more
-deservedly stigmatised as infamous among Bedouins than treachery.
-An individual in the great Arabian Desert will be forgiven if he
-should kill a stranger on the road, but eternal disgrace would be
-attached to his name, if it were known that he had robbed his
-companion, or his protected guest, even of a handkerchief."[138]
-Wallin affirms that you may put perfect trust in the promise of a
-Bedouin, as soon as you have eaten salt and bread with him.[139]
-But whilst faithfulness to a tacit or express promise is thus
-regarded by him as a sacred duty, lying and cheating are as
-prevalent in the desert as in the market-towns of Syria.[140]
-Speaking of the Bedouins of the Euphrates, Mr. Blunt
-observes:--"Truth, in ordinary matters, is not regarded as a
-virtue by the Bedouins, nor is lying held shameful. Every man,
-they say, has a right to conceal his own thought. In matters of
-importance, the simple affirmation is confirmed by an oath, and
-then the fact stated may be relied on. There is only one
-exception to the general rule of lying among them. The Bedouin,
-if questioned on the breed of his mare, will not give a false
-answer. He may refuse to say, or he may answer that he does not
-know; but he will not name another breed than that to which she
-really belongs. . . . The rule, however, does not hold good on
-any other point of horse dealing. The age, the qualities, and the
-ownership of the horse may be all falsely stated."[141]
-
-[Footnote 119: Tachart, quoted by Kolben, _Present State of the
-Cape of Good Hope_, i. 167.]
-
-[Footnote 120: _Ibid._ i. 59.]
-
-[Footnote 121: Barrow, _Travels into the Interior of Southern
-Africa_, i. 151 _sq._]
-
-[Footnote 122: Holub, _Seven Years in South Africa_, ii. 209.]
-
-[Footnote 123: Johnston, _Uganda Protectorate_, ii. 630, 879.]
-
-[Footnote 124: Felkin, in _Proceed. Roy. Soc. Edinburgh_,
-xiii. 232.]
-
-[Footnote 125: Winterbottom, _Account of the Native Africans in
-the Neighbourhood of Sierra Leone_, i. 206 _sq._]
-
-[Footnote 126: Burton, _Two Trips to Gorilla Land_, i. 225 _sq._]
-
-[Footnote 127: Monrad, _Guinea-Kysten og dens Indbyggere_, p. 6.]
-
-[Footnote 128: Quoted by Ling Roth, _Great Benin_, p. 45.]
-
-[Footnote 129: Hinde, _The Last of the Masai_, p. 34.]
-
-[Footnote 130: Baumann, _Durch Massailand_, p. 165.]
-
-[Footnote 131: Bory de St. Vincent, _Essais sur les Isles
-Fortunées_, p. 70.]
-
-[Footnote 132: Leo Africanus, _History and Description of
-Africa_, i. 183.]
-
-[Footnote 133: Dyveyrier, _Exploration du Sahara_, p. 384 _sq._]
-
-[Footnote 134: Parkyns, _Life in Abyssinia_, ii. 182.]
-
-[Footnote 135: Chavanne, _Die Sahara_, p. 392.]
-
-[Footnote 136: St. John, _Adventures in the Lybian Desert_, p. 31.]
-
-[Footnote 137: Herodotus, iii. 8.]
-
-[Footnote 138: Burckhardt, _Notes on the Bedouins and Wahábys_,
-p. 190 _sq._]
-
-[Footnote 139: Wallin, _Reseanteckningar från Orienten_, iii. 116.]
-
-[Footnote 140: Burckhardt, _op. cit._ p. 104 _sq._ _Cf._ Wallin,
-_op. cit._ iv. 89 _sq._; Doughty, _Arabia Deserta_, i. 241.]
-
-[Footnote 141: Blunt, _Bedouin Tribes of the Euphrates_, ii. 203
-_sq._ _Cf._ Niebuhr, _Travels through Arabia_, ii. 302:--"There
-is no instance of false testimony given in respect to the descent
-of a horse. Every Arabian is persuaded that himself and his whole
-family would be ruined, if he should prevaricate in giving his
-oath in an affair of such consequence."]
-
-Various statements of travellers thus directly contradict the
-common opinion that want of truthfulness is mostly a
-characteristic of uncivilised races.[142] And we have much reason
-to assume that a foreigner visiting a savage tribe is apt rather
-to underrate than to overestimate its veracity. Mr. Savage Landor
-gives us a curious insight into an explorer's method of testing
-it. "If you were to say to an Ainu, 'You are old, are you not?'
-he would answer {87}'Yes'; but if you asked the same man, 'You
-are not old, are you?' he would equally answer 'Yes.'" And then
-comes the conclusion:--"Knowingly speaking the truth is not one
-of their characteristics; indeed, they do not know the difference
-between falsehood and truth."[143] It is hardly surprising to
-hear from other authorities that the Ainu are remarkably honest,
-and regard veracity as one of the most imperative duties.[144]
-Speaking of the Uaupés and other Brazilian tribes, Mr. Wallace
-observes:--"In my communications and inquiries among the Indians
-on various matters, I have always found the greatest caution
-necessary, to prevent one's arriving at wrong conclusions. They
-are always apt to affirm that which they see you wish to believe,
-and, when they do not at all comprehend your question, will
-unhesitatingly answer, 'Yes.'"[145] Savages who are inclined to
-give inaccurate answers to questions made by strangers, may
-nevertheless be truthful towards each other. As the regard for
-life and property, so the regard for truth varies according as
-the person concerned is a foreigner or a tribesman. "Perfidy and
-faithlessness," says Crawfurd, "are vices of the Indian
-islanders, and those vices of which they have been most
-frequently accused by strangers. This sentence against them must,
-however, be understood with some allowances. In their domestic
-and social intercourse, they are far from being a deceitful
-people, but in reality possess more integrity than it is
-reasonable to look for with so much misgovernment and barbarity.
-It is in their intercourse with strangers and with enemies that,
-like other barbarians, the treachery of their character is
-displayed."[146] The natives of the interior of Sumatra are
-"dishonest in their dealings with strangers, which they esteem no
-moral defect."[147] Dalager states that the same Greenlanders
-who, among themselves, in the sale of an object {88} which, the
-buyer had not seen, would depreciate it rather than overpraise
-it--even though the seller was anxious to get rid of it--told
-frightful lies in their transactions with Danish traders.[148]
-The Touareg, whilst scrupulously faithful to a promise given to
-one of their own people, do not regard as binding a promise given
-to a Christian;[149] and their Arab neighbours say that their
-word, "like water fallen on the sand, is never to be found
-again."[150] The Masai, according to Herr Merker, hold any kind
-of deceit to be allowable in their relations with persons of
-another race.[151] The Hovas of Madagascar even considered it a
-duty for anyone speaking with foreigners on political matters to
-state the exact opposite to the truth, and punished him who did
-otherwise.[152]
-
-[Footnote 142: Burton, _City of the Saints_, p. 130. Vierkandt,
-_Naturvölker und Kulturvölker_, p. 273. von Jhering, _Der Zweck
-im Recht_, ii. 606.]
-
-[Footnote 143: Landor, _Alone with the Hairy Ainu_, p. 283.]
-
-[Footnote 144: Holland, in _Jour. Anthr. Inst._ iii. 237. von
-Siebold, _Aino auf der Insel Yesso_, p. 25.]
-
-[Footnote 145: Wallace, _Travels on the Amazon_, p. 494 _sq._]
-
-[Footnote 146: Crawfurd, _op. cit._ i. 71 _sq._ _Cf._ Christian,
-_Caroline Islands_, p. 71 _sq._]
-
-[Footnote 147: Marsden, _op. cit._ p. 208.]
-
-[Footnote 148: Dalager, _op. cit._ p. 60 _sq._]
-
-[Footnote 149: von Bary, quoted by Chavanne, _Die Sahara_, p. 186.]
-
-[Footnote 150: Dubois, _Timbuctoo_, p. 231.]
-
-[Footnote 151: Merker, _Die Masai_, p. 115.]
-
-[Footnote 152: Ellis, _History of Madagascar_, i. 144. Professor
-Stanley Hall observes ('Children's Lies,' in _American Journal of
-Psychology_, iii. 62) that "truth for our friends and lies for
-our enemies is a practical, though not distinctly conscious rule
-widely current with children."]
-
-In point of truthfulness savages are in many cases superior to
-nations more advanced in culture. "A Chinese," says Mr. Wells
-Williams, "requires but little motive to falsify, and he is
-constantly sharpening his wits to cozen his customer--wheedle him
-by promises and cheat him in goods or work."[153] His ordinary
-speech is said to be so full of insincerity that it is very
-difficult to learn the truth in almost any case.[154] He feels no
-shame at being detected in a lie, nor does he fear any punishment
-from his gods for it;[155] if you call him a liar, "you arouse in
-him no sense of outrage, no sentiment of degradation."[156] Yet
-the moral teachings of the Chinese inculcate truthfulness as a
-stringent duty. One of their injunctions is, "Let children always
-be taught to speak the simple truth."[157] Many sayings may be
-quoted from Confucius in which sincerity is celebrated as highly
-and demanded as urgently as it ever was by any {89} Christian
-moralist. Faithfulness and sincerity, he said, should be held as
-first principles. Sincerity is the way of Heaven, the end and
-beginning of things, without which there would be nothing. It is
-as necessary to truly virtuous conduct as a boat is to a man
-wishing to cross a river, or as oars are to a boat. The superior
-man ought to feel shame when his conduct is not in accord with
-his words.[158] But there are instances in which sincerity has to
-yield to family duties: a father should conceal the misconduct of
-his son, and a son that of his father.[159] Moreover, the great
-moralists themselves did not always act up to their lofty
-principles. Confucius and Mencius sometimes did not hesitate to
-tell a lie for the sake of convenience.[160] The former could
-excuse himself from seeing an unwelcome visitor on the ground
-that he was sick, when there was nothing the matter with
-him;[161] and he deliberately broke an oath which he had sworn,
-because it had been forced from him.[162] In Japan, Burma, and
-Siam, truth is more respected than in China. "In love of truth,"
-says Professor Rein, "the Japanese, so far as my experience goes,
-are not inferior to us Europeans." [163] The Burmese, though
-partial to much exaggeration, are generally truthful.[164] And
-"the mendacity so characteristic of Orientals is not a national
-defect among the Siamese. Lying, no doubt, is often resorted to
-as a protection against injustice and oppression, but the chances
-are greatly in favour of truth when evidence is sought."[165]
-
-[Footnote 153: Wells Williams, _The Middle Kingdom_, i. 834.]
-
-[Footnote 154: Smith, _Chinese Characteristics_, p. 271.]
-
-[Footnote 155: Cooke, _China_, p. 414. Edkins, _Religion in
-China_, p. 122. Bowring, _Siam_, i. 106. Wells Williams, _op.
-cit._ i. 834.]
-
-[Footnote 156: Smith, _Chinese Characteristics_, p. 271.]
-
-[Footnote 157: Wells Williams, _op. cit._ i. 522.]
-
-[Footnote 158: _Lun Yü_, i. 8. 2; vii. 24; ix. 24; xii. 10. 1;
-xv. 5. 2. _Chung Yung_, xx. 18. Douglas, _Confucianism and
-Taouism_, pp. 103, 114, 146. Legge, _Chinese Classics_, i. 100.]
-
-[Footnote 159: _Lun Yü_, xiii. 18. 2.]
-
-[Footnote 160: Legge, _Chinese Classics_, i. 100. Smith, _Chinese
-Characteristics_, p. 267.]
-
-[Footnote 161: _Lun Yü_, vi. 13.]
-
-[Footnote 162: _Lun Yü_, xvii. 20.]
-
-[Footnote 163: Rein, _Japan_, p. 393.]
-
-[Footnote 164: MacMahon, _Far Cathay and Farther India_, p. 62.
-Forbes, _British Burma_, p. 45. Fytche, _Burma Past and Present_,
-ii. 67.]
-
-[Footnote 165: Bowring, _Siam_, i. 105.]
-
-Lying has been called the national vice of the Hindus.[166] "It
-is not too much to assert that the mass of Bengalis have no
-notion of truth and falsehood."[167] A gentleman {90} who has
-been brought into the closest intimacy with natives of all
-classes, declares "that when a question is asked, the full
-bearing of which on themselves or those connected with them they
-cannot see, you may rely upon it that the first answer you
-receive is false; but that, when they see that the truth cannot
-injure themselves or any one they care for, they will speak the
-truth."[168] The testimony of a Hindu is not generally regarded
-as evidence.[169] Forgery is frequently resorted to, cheating is
-rife. "In almost all business transactions of the smallest kind a
-written agreement must be made on both sides, and this must be
-stamped and registered, because it is believed that a man's word
-is not binding."[170] Nor is a lie held disreputable, especially
-if not found out.[171] But in India, as elsewhere, the question
-whether truth or falsehood is to be spoken depends on the
-relationship between the speaker and the party addressed. In
-their relations with each other, says Sir W. H. Sleeman, members
-of a village community spoke as much truth as those of any other
-community in the world, but in their relations with the
-government they told as many lies; "if a man had told a lie to
-_cheat_ his neighbour, he would have become an object of hatred
-and contempt--if he had told a lie to _save_ his neighbour's
-fields from an increase of rent or tax, he would have become an
-object of esteem and respect."[172] Of the Sûdra inhabitants of
-Central India Sir John Malcolm likewise observes that "they may
-be said, in their intercourse with strangers and with officers of
-government, to evade the truth, and often to assert positive
-falsehoods"; whereas, "in their intercourse with each other,
-falsehood is not common, and many (particularly some of the
-cultivators) are distinguished by their adherence to truth."[173]
-The ancient Hindus were praised for their veracity and good
-faith; {91} in his History of India, written in the second
-century of the Christian era, Arrian states that no Indian was
-ever known to tell an untruth.[174] In the sacred books of India
-truthfulness is highly celebrated. "If veracity and a thousand
-horse-sacrifices are weighed against each other, it is found that
-truth ranks even higher than a thousand horse-sacrifices."[175]
-"Verily the gods are the truth, and man is the untruth."[176]
-"There is one law which the gods do keep, namely, the truth. It
-is through this that their conquest, their glory is unassailable:
-and so, forsooth, is his conquest, his glory unassailable
-whosoever, knowing this, speaks the truth."[177] Attendance on,
-or the worship of, the sacred fire means speaking the
-truth:--"Whosoever speaks the truth, acts as if he sprinkled that
-lighted fire with ghee; for even so does he enkindle it: and ever
-the more increases his own vital energy, and day by day does he
-become better. And whosoever speaks the untruth, acts as if he
-sprinkled that lighted fire with water; for even so does he
-enfeeble it: and ever the less becomes his own vital energy, and
-day by day does he become more wicked. Let him, therefore, speak
-nothing but the truth."[178] Fearful denunciations are
-particularly pronounced against those who deliver false testimony
-in a court of justice.[179] By giving false evidence concerning
-small cattle, a witness commits the sin of killing ten men; by
-false evidence concerning cows, horses, and men, he commits the
-sin of killing a hundred, a thousand, and ten thousand men
-respectively; but by false evidence concerning land, he commits
-the sin of killing the whole human race.[180] The sin of
-falsehood thus admits of different degrees according to the
-magnitude of the injury inflicted by it. Indeed, "in some cases a
-man who, though knowing the facts to be different, gives such
-false evidence from a pious motive, does not lose heaven; such
-evidence they call the speech of the gods."[181] {92} Moreover,
-"whenever the death of a Sûdra, of a Vaisya, of a Kshatriya, or
-of a Brâhmana would be caused by a declaration of the truth, a
-falsehood may be spoken; for such falsehood is preferable to the
-truth."[182] According to Buddhist conceptions of lying, "the
-magnitude of the crime increases in proportion to the value of
-the article, or the importance of the matter, about which the lie
-is told."[183] And it is a lesser wrong to lie in self-defence
-than to lie with a view to procuring an advantage by injuring
-one's neighbour. Thus, to deny the possession of any article, in
-order to retain it, is not a lie of a heinous description,
-whereas to bear false witness in order that the proper owner may
-be deprived of that which he possesses, is a lie to which a
-greater degree of culpability is attached.[184] The Buddhist
-precept of truthfulness is more restricted than that laid down by
-Brahmanism:--"It is said by the Brahmans that it is not a crime
-to tell a lie on behalf of the guru, or on account of cattle, or
-to save the person's own life, or to gain the victory in any
-contest; but this is contrary to the precept."[185] One of the
-conditions that make a Buddha is, never, under the influence of
-desire and other passions, to utter a conscious lie, for the sake
-of wealth or any other advantage.[186] From the time that Gautama
-became a Bodhisattva, or claimant for the Buddhaship, through all
-his births until the attainment of the Buddhaship, he never told
-a lie; and "it were easier for the sakwala [or system of worlds]
-to be blown away than for a supreme Buddha to utter an
-untruth."[187] His followers are not equally scrupulous. The
-Buddhists of Ceylon, we are told, lie without compunction, and
-are not ashamed to be detected in a lie.[188] And religious
-Mongols "do not hesitate to tell lies even when saying their
-prayers."[189]
-
-[Footnote 166: Caldwell, _Tinnevelly Shanars_, p. 38. _Cf._
-Kearns, _Tribes of South India_, pp. 64 (Reddies and Hindus
-generally), 68 (Reddies and Naickers); Burton, _Sindh_, pp. 197,
-284; _Idem_, _Sind Revisited_, i. 314.]
-
-[Footnote 167: Trevelyan, quoted by Wilkins, _Modern Hinduism_,
-p. 401.]
-
-[Footnote 168: Wilkins, _Modern Hinduism_, p. 399 _sq._]
-
-[Footnote 169: Percival, _Land of the Veda_, p. 288.]
-
-[Footnote 170: Wilkins, _op. cit._ p. 407 _sq._]
-
-[Footnote 171: _Ibid._ p. 400. Caldwell, _op. cit._ p. 40.]
-
-[Footnote 172: Sleeman, _op. cit._ ii. 123. _Cf._ _ibid._ ii.
-118, 129 _sq._; Crooke, _Tribes and Castes of the North-Western
-Provinces and Oudh_, ii. 478 (Hâbûra).]
-
-[Footnote 173: Malcolm, _Memoir of Central India_, ii. 171. _Cf._
-Hislop, _op. cit._ p. 1.]
-
-[Footnote 174: Arrian, _Historia Indica_, xii. 5.]
-
-[Footnote 175: _Institutes of Vishnu_, viii. 36.]
-
-[Footnote 176: _Satapatha-Brâhmana_, i. 1. 1. 4; iii. 3. 2. 2.]
-
-[Footnote 177: _Ibid._ iii. 4. 2. 8. _Cf._ _ibid._ i. 1. 1. 5.]
-
-[Footnote 178: _Ibid._ ii. 2. 2. 19.]
-
-[Footnote 179: _Laws of Manu_, viii. 82.]
-
-[Footnote 180: _Gautama_, xiii. 14 _sqq._]
-
-[Footnote 181: _Laws of Manu_, viii. 103.]
-
-[Footnote 182: _Laws of Manu_, viii. 104.]
-
-[Footnote 183: Hardy, _Manual of Budhism_, p. 486.]
-
-[Footnote 184: _Ibid._ p. 485.]
-
-[Footnote 185: _Ibid._ p. 486.]
-
-[Footnote 186: _Jâtaka Tales_, p. 23.]
-
-[Footnote 187: Hardy, _op. cit._ p. 486.]
-
-[Footnote 188: Knox, quoted by Schmidt, _Ceylon_, p. 239.]
-
-[Footnote 189: Gilmour, _Among the Mongols_, p. 259.]
-
-{93} According to Zoroastrianism, truthfulness is a most sacred
-duty. Lying is a creation of the evil spirits, and the most
-efficacious weapon against it is the holy religion revealed to
-man by Zarathustra.[190] In one of the Pahlavi texts it is said
-that when the Spirit of Wisdom was asked, "Through how many ways
-and motives and good works do people arrive most at heaven?" he
-answered thus: "The first good work is liberality, the second
-truth."[191] Contracts are inviolable, both those which are
-pledged with hand or pawn, and those by a mere word.[192] It is a
-duty to keep faith even with an unbeliever:--"Break not the
-contract, O Spitama, neither the one that thou hadst entered into
-with one of the unfaithful, nor the one that thou hadst entered
-into with one of the faithful who is one of thy own faith."[193]
-Greek historians and cuneiform inscriptions also bear witness to
-the great detestation in which falsehood was held by the ancient
-Persians. Herodotus writes:--"Their sons are carefully instructed
-from their fifth to their twentieth year in three things
-alone--to ride, to draw the bow, and to speak the truth. . . .
-The most disgraceful thing in the world, they think, is to tell a
-lie; the next worse, to owe a debt: because, among other reasons,
-the debtor is obliged to tell lies."[194] In the inscriptions of
-Darius lying is taken as representative of all evil. He is
-favoured by Ormuzd "because he was not a heretic, nor a liar, nor
-a tyrant." His great fear is lest it may be thought that any part
-of the record which he has set up has been falsely related; and
-he even abstains from narrating certain events of his reign "lest
-to him who may hereafter peruse the tablet, the many deeds that
-have been done by him may seem to be falsely recorded."[195]
-Professor Spiegel tries to prove that {94} falsehood, not
-truthfulness, was a national characteristic of the ancient
-Eranians, to which their noblest men offered fruitless
-resistance;[196] but the facts he quotes in support of his
-opinion refer to their dealings with foreign nations, and have
-consequently little bearing on the subject. The modern Persians
-are notorious liars, who do not even claim to be believed, and
-smile when detected in a lie.[197] The nomad alone is faithful to
-his word; the expression, "I am a nomad," means, "You may trust
-me."[198]
-
-[Footnote 190: _Bundahis_, i. 24; xxviii. 14, 16. _Dînâ-î
-Maînôg-î Khirad_, xix. 4, 6; xxx. 5; xxxvi. 29. Darmesteter, in
-_Sacred Books of the East_, iv. p. lxii. Spiegel, _Erânische
-Alterthumskunde_, iii. 684 _sq._ Geiger, _Civilization of the
-Eastern Ir[=a]nians_, i. 164 _sq._ Meyer, _Geschichte des
-Alterthums_, i. 534, 536.]
-
-[Footnote 191: _Dînâ-î Maînôg-î Khirad_, xxxvii. 2 _sqq._]
-
-[Footnote 192: _Vendîdâd_, iv. 5 _sqq._]
-
-[Footnote 193: _Yasts_, x. 2.]
-
-[Footnote 194: Herodotus, i. 136, 138. _Cf._ Stobæus,
-_Florilegium_, 44, vol. ii. 227; Xenophon, _Cyri Institutio_,
-i. 6. 33.]
-
-[Footnote 195: Rawlinson, in his translation of Herodotus, i. 262
-_sq._ n. 3.]
-
-[Footnote 196: Spiegel, _op. cit._ iii. 686.]
-
-[Footnote 197: Polak, _Persien_, i. 10. Wallin, _Reseanteckningar
-från Orienten_, iv. 192, 247. Wilson, _Persian Life and Customs_,
-p. 229 _sqq._]
-
-[Footnote 198: Polak, _op. cit._ ii. 95.]
-
-Falsehood is a prevailing vice in other Muhammedan countries
-also. "Constant veracity," says Mr. Lane, "is a virtue extremely
-rare in modern Egypt"; and a deceitful disposition in commercial
-transactions is one of the most notorious faults of the
-Egyptian.[199] Mr. Lane partly ascribes this habit to the
-influence of Islam, which allows, and even commands, falsehood in
-certain cases. The common Moslem doctrine is, that a lie is
-permissible when told in order to save one's own life, or to
-reconcile persons at variance with each other, or to please or
-persuade one's wife, or to obtain any advantage in a war with the
-enemies of the faith.[200] But in other cases lying was highly
-reprobated by the Prophet; and that the people have not forgotten
-its sinfulness appears from the phrase, "No, I beg forgiveness of
-God, it was so and so," which they seldom omit when retracting an
-unintentional mis-statement.[201] I think it is erroneous to
-regard the want of truthfulness among Muhammedan nations as a
-result of their religion. The Eastern Christians and Buddhists
-are no less addicted to falsehood than the Muhammedans.[202]
-
-[Footnote 199: Lane, _Manners and Customs of the Modern
-Egyptians_, i. 382 _sq._ _Cf._ Burckhardt, _Arabic Proverbs_,
-p. 100.]
-
-[Footnote 200: Lane, _Modern Egyptians_, i. 383. Muir, _Life of
-Mahomet_, i. p. lxxiii. _sq._ n. [dagger].]
-
-[Footnote 201: Lane, _Modern Egyptians_, i. 383 _sq._]
-
-[Footnote 202: Vámbéry, _Der Islam im neunzehnten Jahrhundert_,
-p. 232.]
-
-The Homeric poems make us acquainted with gods and men who have
-recourse to fraud and lying whenever it suits their purpose.[203]
-The great Zeus makes no difficulty {95} in sending a lying dream
-to Agamemnon. Pallas Athene is guilty of gross deceit and
-treachery to Hector; she expressly recommends dissimulation, and
-loves Odysseus on account of his deceitful character.[204] No man
-deals more in feigned stories than this master of cunning, who
-makes a boast of his falsehood.[205] In the period which lies
-between the Homeric age and the Persian wars veracity made
-perhaps some progress among the Greeks,[206] but it never became
-one of their national virtues.[207] Yet in the Greek literature
-deceit is frequently condemned as a vice, and truthfulness
-praised as a virtue.[208] Achilles expresses his horror of
-lying.[209] "Not to tell a lie," was one of the maxims of
-Solon.[210] Pindar strongly censures a character like that of
-Odysseus,[211] and ends up his eulogy on Psaumis by the assurance
-that he never would contaminate his speech with a lie.[212]
-According to Pythagoras, men become like gods when they speak the
-truth.[213] According to Plato, the habit of lying makes the soul
-ugly[214]; "truth is the beginning of every good thing, both to
-gods and men."[215] Yet a distinction should be made between
-different kinds of untruth. Though the many are too fond of
-saying that at proper times and places falsehood may often be
-right,[216] it must be admitted that a lie is in certain cases
-useful and not hateful, as in dealing with enemies, or when those
-whom we call our friends in a fit of madness or illusion are
-going to do some harm.[217] Moreover, the rulers of the State are
-allowed to lie for the public good, just as physicians make use
-of medicines; and they will find a considerable dose of falsehood
-and deceit necessary for this purpose.[218] On the other hand, if
-the ruler catches anybody besides himself lying in the {96}
-State, lie will punish him for introducing a practice "which is
-equally subversive and destructive of ships or State."[219] Next
-to him who takes a false oath, he who tells a falsehood in the
-presence of his superiors--elders, parents, or rulers--is most
-hateful to the gods.[220]
-
-[Footnote 203: _Cf._ Kames, _Sketches of the History of Man_, iv.
-150 _sq._; Mahaffy, _Social Life in Greece_, p. 26 _sqq._]
-
-[Footnote 204: _Odyssey_, xiii. 331 _sq._]
-
-[Footnote 205: _Ibid._ ix. 19 _sq._]
-
-[Footnote 206: Schmidt, _Die Ethik der alten Griechen_, ii. 413.]
-
-[Footnote 207: _Cf._ Thucydides, iii. 83.]
-
-[Footnote 208: See Schmidt, _op. cit._ ii. 403 _sqq._]
-
-[Footnote 209: _Iliad_, ix. 312 _sq._]
-
-[Footnote 210: Diogenes Laertius, _Vitæ philosophorum_, i. 2 (60).]
-
-[Footnote 211: Pindar, _Nemea_, viii. 26.]
-
-[Footnote 212: _Idem_, _Olympia_, iv. 17.]
-
-[Footnote 213: Stobæus, _op. cit._ xi. 25, vol. i. 312.]
-
-[Footnote 214: Plato, _Gorgias_, p. 524 _sq._]
-
-[Footnote 215: _Idem_, _Leges_, v. 730.]
-
-[Footnote 216: _Ibid._ xi. 916.]
-
-[Footnote 217: Plato, _Respublica_, ii. 382.]
-
-[Footnote 218: _Ibid._ iii. 389; v. 459.]
-
-[Footnote 219: Plato, _Respublica_, iii. 389.]
-
-[Footnote 220: _Idem_, _Leges_, xi. 917. _Idem_, _Respublica_,
-iii. 389.]
-
-Not without reason did the Romans of the republican age contrast
-their own _fides_ with the mendacity of the Greeks and the
-perfidy of the Ph[oe]nicians. "The goddess of faith (of human and
-social faith)," says Gibbon, "was worshipped, not only in her
-temples, but in the lives of the Romans; and if that nation was
-deficient in the more amiable qualities of benevolence and
-generosity, they astonished the Greeks by their sincere and
-simple performance of the most burdensome engagements."[221]
-Their annals are adorned with signal examples of uprightness,
-which, though to a great extent fictitious, yet bear testimony to
-the estimation in which that quality was held.[222] The Greeks
-had no Regulus who "chose to deliver himself up to a cruel death
-rather than to falsify his word to the enemy."[223] The basest
-forms of falsehood were severely punished by law. According to
-the Twelve Tables, any one who had slandered or libelled another
-by imputing to him a wrongful or immoral act, was to be scourged
-to death,[224] and capital punishment was also inflicted on false
-witnesses[225] and corrupt judges.[226] However, already before
-the end of the Republic dishonesty, perjuries, and forgeries
-became common in Rome.[227]
-
-[Footnote 221: Gibbon, _History of the Decline and Fall of the
-Roman Empire_, v. 311.]
-
-[Footnote 222: _Cf._ Inge, _Society in Rome under the Cæsars_,
-p. 33 _sq._]
-
-[Footnote 223: Cicero, _De officiis_, i. 13.]
-
-[Footnote 224: _Lex Duodecim Tabularum_, viii. 1.]
-
-[Footnote 225: _Ibid._ viii. 23. Aulus Gellius, _Noctes Atticæ_,
-xx. i. 53.]
-
-[Footnote 226: _Lex Duodecim Tabularum_, ix. 3. Aulus Gellius,
-_op. cit._ xx. i. 7.]
-
-[Footnote 227: Inge, _op. cit._ p. 35.]
-
-The ancient Scandinavians considered it disgraceful for a man to
-tell a lie, to break a promise, or to commit a treacherous
-act.[228] To kill or rob openly was a pardonable offence, if an
-offence at all; but he who did it secretly was a _nithinger_, a
-"hateful man," unless indeed he afterwards {97} openly declared
-his deed.[229] In the Irish Senchus Mór it is said that not only
-false witness, but lying in general, deprives the guilty person
-of "half his honour-price up to the third time";[230] and,
-according to the commentary to the Book of Aicill, the double of
-his own full honour-price is due from each person who commits the
-crime of secret murder.[231]
-
-[Footnote 228: Maurer, _Bekehrung des Norwegischen Stammes_, ii.
-154, 183 _sq._ Rosenberg, _Nordboernes Aandsliv_, i. 487.]
-
-[Footnote 229: Wilda, _Strafrecht der Germanen_, p. 569.
-Nordström, _Bidrag till den svenska samhälls-författningens
-historia_, ii. 320 _sqq._ Keyser, _Efterladte Skrifter_, ii. pt.
-i. 361. Rosenberg, _Nordboernes Aandsliv_, i. 487. von Amira,
-'Recht,' in Paul's _Grundriss der germanischen Philologie_, ii.
-pt. ii. 173.]
-
-[Footnote 230: _Ancient Laws of Ireland_, i. 57.]
-
-[Footnote 231: _Ibid._ iii. 99.]
-
-In the Old Testament there are recorded, from the patriarchal
-age, some cases of lying, which, far from being condemned, in no
-way prevented the liar being a special object of divine favour.
-It must be admitted, however, that undue importance has been
-attached to some of these acts of falsehood,[232] which were
-committed among foreigners with a view to escaping an impending
-danger.[233] For instance, when Isaac, dwelling in Gerar, said of
-his wife that she was his sister, for fear lest the men of the
-place should kill him,[234] he did a thing which few
-conscientious men under similar circumstances would hesitate to
-do. As for Jacob's long course of double-dealing with his
-father-in-law, who was equally greedy and unscrupulous, it should
-be remembered that they were natives of different lands.[235]
-Again, when Jacob, at the instigation of his mother, grossly
-deceived his own blind father, the intriguers, as has been pointed
-out,[236] manifestly felt that the blessing extorted from Isaac
-ought to descend upon Jacob rather than upon Esau, and inasmuch as
-the word of the father was held to carry with it divine validity
-and potency, the securing of it by fair means or foul was deemed an
-urgent necessity. It is obvious that the ancient Hebrews did not
-condemn deceit as wrong in the abstract, and that they were very
-unscrupulous in the use of means. Whenever {98} David was
-threatened by any danger, he immediately employed a falsehood
-which served his turn; though not incapable of generosity, he
-deceived enemies and friends indifferently, and there is probably
-no record of treachery and lying consistently pursued which
-surpasses in baseness his affair with his faithful servant Uriah
-the Hittite.[237] It is true that his conduct towards Uriah was
-condemned; "the thing that David had done displeased the
-Lord."[238] But it is significant that Yahveh himself
-occasionally had recourse to deceit for the purpose of carrying
-out his plans. In order to ruin Ahab he commissioned a lying
-spirit to deceive his prophets;[239] and once he threatened to
-use deception as a means of taking revenge upon idolaters.[240]
-But to bear false witness against a neighbour was strictly
-prohibited;[241] the false witness should suffer the punishment
-which he was minded to bring upon the person whom he
-calumniated.[242] In Ecclesiasticus lying is severely
-censured:--"A lie is a foul blot in a man, yet it is continually
-in the mouth of the untaught. A thief is better than a man that
-is accustomed to lie: but they both shall have destruction to
-heritage. The disposition of a liar is dishonourable, and his
-shame is ever with him."[243] "Lying lips are abomination to the
-Lord: but they that deal truly are his delight."[244] According
-to the Talmud, "four shall not enter Paradise: the scoffer, the
-liar, the hypocrite, and the slanderer."[245] Only for the sake
-of peace, and especially domestic peace, may a man tell a lie
-without sinning;[246] but he who changes his word commits as
-heavy a sin as he who worships idols.[247] The duty of
-truthfulness was particularly emphasised by the Essenes.[248] He
-who entered their sect had to pledge himself always to love {99}
-truth and strive to reclaim all liars.[249] "They are eminent for
-fidelity," says Josephus. "Whatsoever they say also is firmer
-than an oath; but swearing is avoided by them, and they esteem it
-worse than perjury; for they say that he who cannot be believed
-without [swearing by] God is already condemned."[250]
-
-[Footnote 232: _E.g._, by McCurdy, 'Moral Evolution of the Old
-Testament,' in _American Journal of Theology_, i. 665 _sq._; von
-Jhering, _Zweck im Recht_, ii. 606 _sq._; Spencer, _Principles of
-Ethics_, i. 402.]
-
-[Footnote 233: _Genesis_, xii. 12 _sq._; xx. 2.]
-
-[Footnote 234: _Ibid._ xxvi. 7.]
-
-[Footnote 235: _Ibid._ ch. xxix. _sqq._]
-
-[Footnote 236: McCurdy, _loc. cit._ p. 666.]
-
-[Footnote 237: _Cf._ Kuenen, _Religion of Israel_, i. 327;
-McCurdy, _loc. cit._ p. 681.]
-
-[Footnote 238: _2 Samuel_, xi. 27; xii. 1 _sqq._]
-
-[Footnote 239: _1 Kings_, xxii. 20 _sqq._]
-
-[Footnote 240: _Ezekiel_, xiv. 7 _sqq._ _Cf._ Spencer,
-_Principles of Ethics_, i. 402.]
-
-[Footnote 241: _Deuteronomy_, v. 20.]
-
-[Footnote 242: _Ibid._ xix. 1 6 _sqq._]
-
-[Footnote 243: _Ecclesiasticus_, xx. 24 _sqq._]
-
-[Footnote 244: _Proverbs_, xii. 22.]
-
-[Footnote 245: Deutsch, _Literary Remains_, p. 57.]
-
-[Footnote 246: Hershon, _Treasures of the Talmud_, p. 69 _sq._]
-
-[Footnote 247: _Sanhedrin_, fol. 92 A, quoted by Montefiore,
-_Hibbert Lectures on the Religion of the Ancient Hebrews_,
-p. 558.]
-
-[Footnote 248: Philo Judæus, _Quod liber sit quisque virtuti
-studet_, p. 877 (_Opera_, ii. 458).]
-
-[Footnote 249: Josephus, _De bello Judaico_, ii. 8. 7.]
-
-[Footnote 250: _Ibid._ ii. 8. 6.]\
-
-"Speak every man truth with his neighbour,"[251] was from early
-times regarded as one of the most imperative of Christian
-maxims.[252] According to St. Augustine, a lie is not permissible
-even when told with a view to saving the life of a neighbour;
-"since by lying eternal life is lost, never for any man's
-temporal life must a lie be told."[253] Yet all lies are not
-equally sinful; the degree of sinfulness depends on the mind of
-the liar and on the nature of the subject on which the lie is
-told.[254] This became the authorised doctrine of the
-Church.[255] Thomas Aquinas says that, although lying is always
-sinful, it is not a mortal sin if the end intended be not
-contrary to charity, "as appears in a jocose lie, that is
-intended to create some slight amusement, and in an officious
-lie, in which is intended even the advantage of our
-neighbour."[256] Yet from early times we meet within the
-Christian Church a much less rigorous doctrine, which soon came
-to exercise a more powerful influence on the practice and
-feelings of men than did St. Augustine's uncompromising love of
-truth. The Greek Fathers maintained that an untruth is not a lie
-when there is a "just cause" {100} for it; and as a just cause
-they regarded not only self-defence, but also zeal for God's
-honour.[257] This zeal, together with an indiscriminate devotion
-to the Church, led to those "pious frauds," those innumerable
-falsifications of documents, inventions of legends, and forgeries
-of every description, which made the Catholic Church a veritable
-seat of lying, and most seriously impaired the sense of truth in
-the minds of Christians.[258] By a fiction, Papacy, as a divine
-institution, was traced back to the age of the Apostles, and in
-virtue of another fiction Constantine was alleged to have
-abdicated his imperial authority in Italy in favour of the
-successor of St. Peter.[259] The Bishop of Rome assumed the
-privilege of disengaging men from their oaths and promises. An
-oath which was contrary to the good of the Church was declared
-not to be binding.[260] The theory was laid down that, as faith
-was not to be kept with a tyrant, pirate, or robber, who kills
-the body, it was still less to be kept with an heretic, who kills
-the soul.[261] Private protestations were thought sufficient to
-relieve men in conscience from being bound by a solemn treaty or
-from the duty of speaking the truth; and an equivocation, or play
-upon words in which one sense is taken by the speaker and another
-sense intended by him for the hearer, was in some cases held
-permissible.[262] According to Alfonso de' Liguori--who lived in
-the eighteenth century and was beatified in the nineteenth, and
-whose writings were declared by high authority not to contain a
-word that could be justly found fault with,[263]-- {101} there
-are three sorts of equivocation which may be employed for a good
-reason, even with the addition of a solemn oath. We are allowed
-to use ambiguously words having two senses, as the word _volo_,
-which means both to "wish" and to "fly"; sentences bearing two
-main meanings, as "This book is Peter's," which may mean either
-that the book belongs to Peter or that Peter is the author of it;
-words having two senses, one more common than the other or one
-literal and the other metaphorical--for instance, if a man is
-asked about something which it is in his interest to conceal,
-he may answer, "No, I say," that is "I say the word 'no'"[264]
-As for mental restrictions, again, such as are "purely mental,"
-and on that account cannot in any manner be discovered by other
-persons, are not permissible; but we may, for a good reason,
-make use of a "non-pure mental restriction," which, in the
-nature of things, is discoverable, although it is not discovered
-by the person with whom we are dealing.[265] Thus it would be
-wrong secretly to insert the word "no" in an affirmative oath
-without any external sign; but it would not be wrong to insert
-it in a whispering voice or under the cover of a cough. The
-"good reason" for which equivocations and non-pure mental
-restrictions may be employed is defined as "any honest object,
-such as keeping our goods spiritual or temporal."[266] In
-support of this casuistry it is uniformly said by Catholic
-apologists that each man has a right to act upon the defensive,
-that he has a right to keep guard over the knowledge which he
-possesses in the same way as he may defend his goods; and as for
-there being any deceit in the matter--why, soldiers use
-stratagems in war, and opponents use feints in fencing.[267]
-
-[Footnote 251: _Ephesians_, iv. 25.]
-
-[Footnote 252: Gass, _Geschichte der christlichen Ethik_, i. 90.]
-
-[Footnote 253: St. Augustine, _De mendacio_, 6 (Migne,
-_Patrologiæ cursus_, xl. 494 _sq._).]
-
-[Footnote 254: _Idem_, _Enchiridion_, 18 (Migne, _op. cit._ xl.
-240); _Idem_, _De mendacio_, 21 (Migne, xl. 516). For St.
-Augustine's views on lying see also his treatise _Contra
-mendacium_, addressed to Consentius (Migne, xl. 517 _sqq._), and
-Bindemann, _Der heilige Augustinus_, ii. 465 _sqq._]
-
-[Footnote 255: Gratian, _Decretum_, ii. 22. 2. 12, 17. _Catechism
-of the Council of Trent_, iii. 9. 23.]
-
-[Footnote 256: Thomas Aquinas, _Summa theologica_, ii.-ii. **110.
-3 _sq._ St. Augustine says (_De mendacio_, 2 [Migne, _op. cit._
-xl. 487 _sq._]; _Quæstiones in Genesim_, 145, _ad Gen._ xliv. 15
-[Migne, xxxiv. 587]) that jokes which "bear with them in the tone
-of voice, and in the very mood of the joker a most evident
-indication that he means no deceit," are not accounted lies,
-though the thing he utters be not true. This statement is also
-incorporated in Gratian's _Decretum_ (ii. 22. 2. 18).]
-
-[Footnote 257: Gass, _op. cit._ i. 91, 92, 236 _sqq._ Newman,
-_Apologia pro vita sua_, p. 349 _sq._]
-
-[Footnote 258: von Mosheim, _Institutes of Ecclesiastical
-History_, i. 275. Middleton, _Free Inquiry into the Miraculous
-Powers, which are supposed to have subsisted in the Christian
-Church_, _passim_. Lecky, _Rise, and Influence of Rationalism in
-Europe_, i. 396 _sqq._ Gass, _op. cit._ i. 91, 235. von Eicken,
-_System der mittelalterlichen Weltanschauung_, pp. 654-656, 663.]
-
-[Footnote 259: von Eicken, _op. cit._ p. 656. Poole,
-_Illustrations of the History of Medieval Thought_, p. 249.]
-
-[Footnote 260: Gregory IX. _Decretales_, ii. 24. 27.]
-
-[Footnote 261: Simancas, _De catholicis institutionibus_, xlvi.
-52 _sq._ p. 365 _sq._]
-
-[Footnote 262: Alagona, _Compendium manualis D. Navarri_, xii.
-88, p. 94 _sq._:--"Fur, qui est furatus aliquid, si interrogetur
-a judice non competenti, vel non juridice, an sit furatus tale
-quid, potest secura conscientia respondere simpliciter, non sum
-furatus, intelligendo intra se in tali die, vel anno." See also
-Kames, _op. cit._ iv. 158 _sq._]
-
-[Footnote 263: Meyrick, _Moral and Devotional Theology of the
-Church of Rome_, i. 3.]
-
-[Footnote 264: Alfonso de' Liguori, _Theologia moralis_, iii.
-151, vol. i. 249.]
-
-[Footnote 265: _Ibid._ iii. 152, vol. i. 249.]
-
-[Footnote 266: _Ibid._ iii. 151, vol. i. 249.]
-
-[Footnote 267: Meyrick, _op. cit._ i. 25]
-
-Adherence to truth and especially perfect fidelity to a promise
-were strongly insisted upon by the code of Chivalry.[268] However
-exacting or absurd the vow might {102} be, a knight was compelled
-to perform it in all the strictness of the letter. A man
-frequently promised to grant whatever another should ask, and he
-would have lost the honour of his knighthood if he had declined
-from his word.[269] We are told by Lancelot du Lac that when King
-Artus had given his word to a knight to make him a present of his
-wife, he would neither listen to the lamentations of the
-unfortunate woman, nor to any representations which could be made
-him; he replied that a king must not go from his word, and the
-queen was accordingly delivered to the knight.[270] The knights
-taken in war were readily allowed liberty for the time they
-asked, on their word of honour that they would return of their
-own accord, whenever it should be required.[271] So great, it is
-said, was the knight's respect for an oath, a promise, or a vow,
-that when they lay under any of these restrictions, they appeared
-everywhere with little chains attached to their arms or habits to
-show all the world that they were slaves to their word; nor were
-these chains taken off till their promise had been performed,
-which sometimes extended to a term of four or five years.[272] It
-cannot be expected, of course, that reality should have always
-come up to the ideal. In the thirteenth century the Count of
-Champagne declared that he confided more in the lowest of his
-subjects than in his knights.[273] Moreover, the knightly duty of
-sincerity seems to have gone little beyond the formal fulfilment
-of an engagement. "The age of Chivalry was an age of chicane, and
-fraud, and trickery, which were not least conspicuous among the
-knightly classes."[274] It is significant that the English law of
-the thirteenth century, though quite willing to admit in vague
-phrase that no one should be suffered to gain anything by fraud,
-was inclined to hold that a man has himself to thank if he is
-misled by deceit, the king's court generally providing no remedy
-for him who to {103} his disadvantage had trusted the word of a
-liar.[275] Towards the end of the Middle Ages and later, crimes
-against the Mint and the offence of counterfeiting seals, usually
-accompanied by that of forging letters or official documents,
-were extremely common in England;[276] and false weights, false
-measures, and false pretences of all kinds were ordinary
-instruments of commerce.[277]
-
-[Footnote 268: _Book of the Ordre of Chyualry_, foll. 18 b, 31 b,
-34 b. Robertson, _History of the Reign of Charles V._ i. 84.
-Sainte-Palaye, _Mémoires sur l'ancienne chevalerie_, i. 76 _sq._]
-
-[Footnote 269: Mills, _History of Chivalry_, p. 152.]
-
-[Footnote 270: Lancelot du Lac, vol. ii. fol. 2 a.]
-
-[Footnote 271: Sainte-Palaye, _op. cit._ i. 135.]
-
-[Footnote 272: _Ibid._ i. 236 _sq._]
-
-[Footnote 273: _Ibid._ ii. 47. _Cf._ Kames, _op. cit._ iv. 157.]
-
-[Footnote 274: Pike, _History of Crime in England_, i. 283.]
-
-[Footnote 275: Pollock and Maitland, _History of English Law
-before the Time of Edward I._ ii. 535 _sq._]
-
-[Footnote 276: Pike, _op. cit._ i. 265, 269; ii. 392.]
-
-[Footnote 277: _Ibid._ i. 142; ii. 238.]
-
-In modern times, according to Mr. Pike, the Public Records
-testify a decrease of deception in England.[278] Commercial
-honesty has improved, and those mean arts to which, during the
-reigns of the Tudors, even men in the highest positions
-frequently had recourse, have now, at any rate, descended to a
-lower grade of society.[279] At present, in the civilised
-countries of the West, opinion as to what the duty of sincerity
-implies varies not only in different individuals, but among
-different classes or groups of people, as also among different
-nations. Duplicity is held more reprehensible in a gentleman than
-in a shopkeeper or a peasant. The notion which seems to be common
-in England, that an advocate is over-scrupulous who refuses to
-say what he knows to be false if he is instructed to say it,[280]
-appears strange at least to some foreigners;[281] and in certain
-countries it is commonly regarded as blamable if a person
-ostensibly professes a religion in which he does not believe,
-say, by going to church. The Quakers deem all complimentary modes
-of speech, for instance in addressing people, to be objectionable
-as being inconsistent with truth.[282] Certain philosophers have
-expressed the opinion that veracity is an unconditional duty,
-which is not to be limited by any expediency, but must be
-respected in all circumstances. According to Kant, it would be a
-crime to tell a falsehood to a murderer who asked us whether
-{104} our friend, of whom he was in pursuit, had taken refuge in
-our house.[283] Fichte maintains that the defence of so-called
-necessary lies is "the most wicked argument possible amongst
-men."[284] Dymond says, "If I may tell a falsehood to a robber in
-order to save my property, I may commit parricide for the same
-purpose."[285] But this rigorous view is not shared by common
-sense, nor by orthodox Protestant theology.[286] Jeremy Taylor
-asks, "Who will not tell a harmless lie to save the life of his
-friend, of his child, of himself, of a good and brave man?"[287]
-Where deception is designed to benefit the person deceived, says
-Professor Sidgwick, "common sense seems to concede that it may
-sometimes be right: for example, most persons would not hesitate
-to speak falsely to an invalid, if this seemed the only way of
-concealing facts that might produce a dangerous shock: nor do I
-perceive that any one shrinks from telling fictions to children,
-on matters upon which it is thought well that they should not
-know the truth."[288] In the case of grown-up people, however,
-this principle seems to require the modification made by
-Hutcheson, that there is no wrong in false speech when the party
-deceived himself does not consider it an injury to be
-deceived.[289] Otherwise it might easily be supposed to give
-support to "pious fraud," which in its crudest form is nowadays
-generally disapproved of, but which in subtle disguise still has
-many advocates among religious partisans. It is argued that the
-most important truths of religion cannot be conveyed into the
-minds of ordinary men, except by being enclosed, as it were, in a
-shell of fiction, and that by relating such fictions as if they
-were facts we are really performing an act of substantial
-veracity.[290] But this argument seems chiefly to have been
-invented for the {105} purpose of supporting a dilapidated
-structure of theological teaching, and can hardly be accepted by
-any person unprejudiced by religious bias. As a means of
-self-defence deviation from truth has been justified not only in
-the case of grosser injuries, but in the case of illegitimate
-curiosity, as it seems unreasonable that a person should be
-obliged to supply another with information which he has no right
-to exact.[291] The obligation of keeping a promise, again, is
-qualified in various ways. Thoughtful persons would commonly
-admit that such an obligation is relative to the promisee, and
-may be annulled by him.[292] A promise to do an immoral act is
-held not to be binding, because the prior obligation not to do
-the act is paramount.[293] If, before the time comes to fulfil a
-promise, circumstances have altered so much that the effects of
-keeping it are quite different from those which were foreseen
-when it was made, all would agree that the promisee ought to
-release the promiser; but if he declines to do so, some would say
-that the latter is in every case bound by his promise, whilst
-others would maintain that a considerable alteration of
-circumstances has removed the obligation.[294] How far promises
-obtained by force or fraud are binding is a much disputed
-question.[295] According to Hutcheson, for instance, no regard is
-due to a promise which has been extorted by unjust violence.[296]
-Adam Smith, on the other hand, considers that whenever such a
-promise is violated, though for the most necessary reason, it is
-always with some degree of dishonour to the person who made
-it, and that "a brave man ought to die rather than make a promise
-{106} which he can neither keep without folly nor violate without
-ignominy."[297]
-
-[Footnote 278: _Ibid._ i. 264. _Cf._ _ibid._ ii. 474.]
-
-[Footnote 279: _Ibid._ ii. 14 _sq._]
-
-[Footnote 280: Sidgwick, _Methods of Ethics_, p. 316. Paley,
-_Principles of Moral and Political Philosophy_, iii. 15
-(_Complete Works_, ii. 117). The same view was expressed by
-Cicero (_De officiis_, ii. 14).]
-
-[Footnote 281: See also Dymond, _Essays on the Principles of
-Morals_, ii. 5, p. 50 _sqq._]
-
-[Footnote 282: Gurney, _Views and Practices of the Society of
-Friends_, p. 401.]
-
-[Footnote 283: Kant, 'Ueber ein vermeintes Recht, aus
-Menschenliebe zu Lügen,' in _Sämmtliche Werke_, vii.
-309.]
-
-[Footnote 284: Fichte, _Das System der Sittenlehre_, p. 371;
-English translation, p. 303 _sq._]
-
-[Footnote 285: Dymond, _op. cit._ ii. 6, p. 57.]
-
-[Footnote 286: Reinhard, _System der Christlichen Moral_, iii.
-193 _sqq._ Martensen, _Christian Ethics_, 'Individual Ethics,'
-p. 216 _sqq._ Newman, _Apologia pro vita sua_, p. 274.]
-
-[Footnote 287: Taylor, _Whole Works_, xii. 162.]
-
-[Footnote 288: Sidgwick, _op. cit._ p. 316.]
-
-[Footnote 289: Hutcheson, _System of Moral Philosophy_, ii. 32.]
-
-[Footnote 290: Sidgwick, _op. cit._ p. 316.]
-
-[Footnote 291: Schopenhauer, _Die Grundlage der Moral_, § 17
-(_Sämmtliche Werke_, vi. 247 _sqq._).]
-
-[Footnote 292: Whewell, _Elements of Morality_, p. 156. Sidgwick,
-_op. cit._ p. 305.]
-
-[Footnote 293: Dymond, _op. cit._ ii. 6, p. 55. Whewell, _op.
-cit._ p. 156 _sq._ Sidgwick, _op. cit._ p. 305. This is also the
-opinion of Thomas Aquinas (_op. cit._ ii.-ii. 110. 3. 5).]
-
-[Footnote 294: Sidgwick, _op. cit._ p. 306 _sq._ Thomas Aquinas
-says (_op. cit._ ii.-ii. 110. 3. 5) that a person who does not do
-what he has promised is excused "if the conditions of persons and
-things are changed."]
-
-[Footnote 295: Dymond, _op. cit._ ii. 6, p. 55 _sq._ Whewell,
-_op. cit._ pp. 155, 159 _sqq._ Sidgwick, _op. cit._ p. 305 _sq._
-Adam Smith, _Theory of Moral Sentiments_, p. 486 _sqq._]
-
-[Footnote 296: Hutcheson, _System of Moral Philosophy_, ii. 34.]
-
-[Footnote 297: Adam Smith, _op. cit._ p. 489.]
-
-In point of veracity and good faith the old distinction between
-duties which we owe to our fellow-countrymen and such as we owe
-to foreigners is still preserved in various cases. It is
-particularly conspicuous in the relations between different
-states, in peace or war. Stratagems and the employment of
-deceptive means necessary to procure intelligence respecting the
-enemy or the country are held allowable in warfare, independently
-of the question whether the war is defensive or aggressive.[298]
-Deceit has, in fact, often constituted a great share of the glory
-of the most celebrated commanders; and particularly in the
-eighteenth century it was a common opinion that successes gained
-through a spy are more creditable to the skill of a general than
-successes in regular battles.[299] Lord Wolseley writes:--"As a
-nation we are bred up to feel it a disgrace even to succeed by
-falsehood; the word spy conveys something as repulsive as slave;
-we will keep hammering along with the conviction that honesty is
-the best policy, and that truth always wins in the long run.
-These pretty little sentences do well for a child's copy-book,
-but the man who acts upon them in war had better sheathe his
-sword for ever."[300] At the same time, there are some exceptions
-to the general rule that deceit is permitted against an enemy.
-Under the customs of war it has been agreed that particular acts
-and signs shall have a specific meaning in order that
-belligerents {107} may carry on certain necessary intercourse,
-and it is forbidden to employ such acts or signs in deceiving an
-enemy. Thus information must not be surreptitiously obtained
-under the shelter of a flag of truce; buildings not used as
-hospitals must not be marked with an hospital flag; and persons
-not covered by the provisions of the Geneva Convention must not
-be protected by its cross.[301] A curious arbitrary rule affects
-one class of stratagems by forbidding certain permitted means of
-deception from the moment at which they cease to deceive. It is
-perfectly legitimate to use the distinctive emblems of an enemy
-in order to escape from him or to draw his forces into action;
-but it is held that soldiers clothed in the uniforms of their
-enemy must put on a conspicuous mark by which they can be
-recognised before attacking, and that a vessel using the enemy's
-flag must hoist its own flag before firing with shot or
-shell.[302] Disobedience to this rule is considered to entail
-grave dishonour; for "in actual battle enemies are bound to
-combat loyally, and are not free to ensure victory by putting on
-a mask of friendship."[303] But, as Mr. Hall observes, it is not
-easy to see why it is more disloyal to wear a disguise when it is
-obviously useless, than when it serves its purpose.[304] Finally,
-it is universally agreed that promises given to the enemy ought
-to be kept;[305] this was admitted even by Machiavelli[306] and
-Bynkershoek,[307] who did not in general burden belligerents with
-particularly heavy duties. But the restrictions which
-"international law" {108} lays on deceit against enemies do not
-seem to be taken very seriously. Treaties between nations and
-promises given by one state to another, either in war or peace,
-are hardly meant to be kept longer than it is convenient to keep
-them. And when an excuse for the breach of faith is felt
-necessary, that excuse itself is generally a lie.
-
-[Footnote 298: _Conférence de Bruxelles_, art. 14. _Instructions
-for the Government of Armies of the United States in the Field_,
-art. 16, 101. _Conférence internationale de la paix, La Haye_,
-1899, 'Règlement concernant les lois de la guerre sur terre,'
-art. 24, pt. i. p. 245. Roman Catholicism admits the employment
-of stratagems in wars which are just (Gratian, _op. cit._ ii. 23.
-2. 2; Ayala, _De jure et officiis bellicis et disciplina
-militari_, i. 8. 1 _sq._; Ferraris, quoted by Adds, _Catholic
-Dictionary_, p. 945; Nys, _Le droit de la guerre et les
-précurseurs de Grotius_, p. 128 _sq._), on the authority of St.
-Augustine, the great advocate of general truthfulness
-(_Quæstiones in Jesum Nave_, 10, _ad Jos._ viii. 2 [Migne, _op.
-cit._ xxxiv. 781]:--"Cum autem justum bellum susceperit, utrum
-aperta pugna utrum insidiis vincat, nihil ad justitiam interest").]
-
-[Footnote 299: Halleck, _International Law_, i. 567. Maine,
-_International Law_, p. 149 _sqq._]
-
-[Footnote 300: Wolseley, _Soldier's Pocket-Book for Field
-Service_, p. 169.]
-
-[Footnote 301: _Conférence de Bruxelles_, art. 13 _sq._
-_Instructions for the Government of Armies of the United States
-in the Field_, art. 101, 114, 117. _Manual of the Laws of War on
-Land, prepared by the Institute of International Law_, (art. 8
-(_d_). Hall, _Treatise on International Law_, p. 537 _sq._]
-
-[Footnote 302: Hall, _op. cit._ p. 538 _sq._ Bluntschli, _Droit
-international_, § 565, p. 328 _sq._]
-
-[Footnote 303: Bluntschli, _op. cit._ § 565, p. 329.]
-
-[Footnote 304: Hall, _op. cit._ p. 539.]
-
-[Footnote 305: Heffter, _Das Europäische Völkerrecht der
-Gegenwart_, § 125, p. 262.]
-
-[Footnote 306: Machiavelli, _Discorsi_, iii. 40 (_Opere_,
-iii. 164).]
-
-[Footnote 307: Bynkershoek, _Quæstiones juris publici_, i. 1,
-p. 4. The maxim of Canon Law, "Fides servanda hosti" (Gratian,
-_Decretum_, ii. 23. i. 3), however, was greatly impaired by the
-principle, "Juramentum contra utilitatem ecclesiasticam
-praestitum non tenet" (Gregory IX. _Decretales_, ii. 24, 27. See
-Nys, _Le droit de la guerre et les précurseurs de Grotius_,
-p. 126 _sq._).]
-
-
-
-
-CHAPTER XXXI
-
-THE REGARD FOR TRUTH AND GOOD FAITH (_concluded_)
-
-
-THE condemnation of untruthfulness and bad faith springs from a
-variety of sources. In the first place, he who tells a lie, or
-who breaks a promise, generally commits an injury against another
-person. His act consequently calls forth sympathetic resentment,
-and becomes an object of moral censure.
-
-Men have a natural disposition to believe what they are told.
-This disposition is particularly obvious in young children; it is
-acquired wisdom and experience only that teach incredulity, and,
-as Adam Smith observes, they very seldom teach it enough.[1] Even
-people who are themselves pre-eminent liars are often deceived by
-the falsehoods of others.[2] When detected a deception always
-implies a conflict between two irreconcilable ideas; and such a
-conflict gives rise to a feeling of pain,[3] which may call forth
-resentment against its volitional cause, the deceiver.
-
-[Footnote 1: Reid, _Inquiry into the Human Mind_, vi. 24, p. 430
-_sqq._ Adam Smith, _Theory of Moral Sentiments_, p. 494 _sq._
-Dugald Stewart, _Philosophy of the Active and Moral Powers of
-Man_, ii. 340 _sq._]
-
-[Footnote 2: Burton, _Two Trips to Gorilla Land_, i. 106 (Mpongwe).]
-
-[Footnote 3: Lehmann, _Hovedlovene for det menneskelige
-Følelseliv_, p. 181. _Cf._ Bain, _Emotions and the Will_, p. 218.]
-
-But men are not only ready to believe what they are told, they
-also like to know the truth. Curiosity, or the love of truth, is
-coeval with the first operations of the intellect; it seems to be
-an ultimate fact in the human {110} frame.[4] In our endeavour to
-learn the truth we are frustrated by him who deceives us, and he
-becomes an object of our resentment.
-
-[Footnote 4: Dugald Stewart, _op. cit._ ii. 334, 340.]
-
-Nor are we injured by a deception merely because we like to know
-the truth, but, chiefly, because it is of much importance for us
-that we should know it. Our conduct is based upon our ideas;
-hence the erroneous notion as regards some fact in the past,
-present, or future, which is produced by a lie or false promise,
-may lead to unforeseen events detrimental to our interests.
-Moreover, on discovering that we have been deceived, we have the
-humiliating feeling that another person has impertinently made
-our conduct subject to his will. This is a wound on our pride, a
-blot on our honour. Francis I. of France laid down as a
-principle, "that the lie was never to be put up with without
-satisfaction, but by a base-born fellow."[5] "The lie," says
-Sainte-Palaye, "has always been considered the most fatal and
-irreparable affront that a man of honour could receive."[6]
-
-[Footnote 5: Millingen, _History of Duelling_, i. 71.]
-
-[Footnote 6: Sainte-Palaye, _Mémoires sur l'ancienne chevalerie_,
-i. 78.]
-
-How largely the condemnation of falsehood and bad faith is due to
-the harm suffered by the victim appears from the fact that a lie
-or breach of faith is held more condemnable in proportion to the
-magnitude of the harm caused by it. But even in apparently
-trifling cases the reflective mind strongly insists upon the
-necessity of truthfulness and fidelity to a given word. Every lie
-and every unfulfilled promise has a tendency to lessen mutual
-confidence, to predispose the perpetrator to commit a similar
-offence in the future, and to serve as a bad example for others.
-"The importance of truth," says Bentham, "is so great, that the
-least violation of its laws, even in frivolous matters, is always
-attended with a certain degree of danger. The slightest deviation
-from it is an attack upon the respect we owe to it. It is a first
-transgression which facilitates a second, and familiarises the
-odious ideal {111} of falsehood."[7] Contrariwise, as Aristotle
-observes, he who is truthful in unimportant matters will be all
-the more so in important ones.[8] Similar considerations,
-however, require a certain amount of reflection and
-farsightedness; hence intellectual development tends to increase
-the emphasis laid on the duties of sincerity and good faith. At
-the earlier stages of civilisation it is frequently considered
-good form to tell an untruth to a person in order to please him,
-and ill-mannered to contradict him, however much he be
-mistaken,[9] for the reason that farther consequences are left
-out of account. The utilitarian basis of the duty of truthfulness
-also accounts for those extreme cases in which a deception is
-held permissible or even a duty, when promoting the true
-interests of the person subject to it.
-
-[Footnote 7: Bentham, _Theory of Legislation_, p. 260.]
-
-[Footnote 8: Aristotle, _Ethica Nicomachea_, iv. 7. 8.]
-
-[Footnote 9: Besides statements referred to above, see
-Dobrizhoffer, _Account of the Abipones_, ii. 137; Hennepin, _New
-Discovery of a Vast Country in America between New France and New
-Mexico_, ii. 70; Dall, _Alaska_, p. 398 (Aleuts); Oldfield, in
-_Trans. Ethn. Soc._ N.S. iii. 255 (West Australian natives). "The
-natives of Africa," says Livingstone (_Expedition to the
-Zambesi_, p. 309), "have an amiable of desire to please, and
-often tell what they imagine will be gratifying, rather than the
-uninteresting naked truth." An English sportsman, after firing at
-an antelope, inquired of his dark attendant, "Is it wounded?" The
-answer was, "Yes! the ball went right into his heart." These
-mortal wounds never proving fatal, he asked a friend, who
-understood the language, to explain to the man that he preferred
-the truth in every case. "He is my father," replied the native,
-"and I thought he would be displeased if I told him that he never
-hits at all." The wish to please is likewise a fertile source of
-untruth in children, especially girls (Sully, _Studies of
-Childhood_, p. 256).]
-
-The detestation of falsehood is in a very large measure due to
-the motive which commonly is at the bottom of a lie. It is
-doubtful whether a lie ever is told simply from love of
-falsehood.[10] The intention to produce a wrong belief has a
-deeper motive than the mere desire to produce such a belief; and
-in most cases this motive is the deceiver's hope of benefiting
-himself at the expense of the person deceived. A better motive
-makes the act less detestable, or may even serve as a
-justification. But the broad doctrine that the end sanctifies the
-means is generally rejected; and the principle which sometimes
-allows {112} deceit from a benevolent motive has been restricted
-within very narrow limits by a higher conception of individual
-freedom and individual rights. Thus the emancipation of morality
-from theology has brought discredit on the old theory that
-religious deception is permissible when it serves the object of
-saving human souls from eternal perdition. The opinion that no
-motive whatsoever can justify an act of falsehood has been
-advocated not only by intuitional moralists, but on utilitarian
-grounds.[11] But it certainly seems absurd to the common sense of
-mankind that we should be allowed to save our own life or the
-life of a fellow-man by killing the person who wants to take it,
-but not by deceiving him.
-
-[Footnote 10: Dugald Stewart, _op. cit._ ii. 342.]
-
-[Footnote 11: Macmillan, _Promotion of General Happiness_,
-p. 166 _sq._]
-
-It is easy to see why falsehood is so frequently held
-permissible, praiseworthy, or even obligatory, when directed
-against a stranger. In early society an injury inflicted on a
-stranger calls forth no sympathetic resentment. On the contrary,
-being looked upon with suspicion or hated as an enemy, he is
-considered a proper object of deception. Among the Bushmans "no
-one dare give any information in the absence of the chief or
-father of the clan."[12] "A Bedouin," says Burckhardt, "who does
-not know the person interrogating him, will seldom answer with
-truth to questions concerning his family or tribe. The children
-are taught never to answer similar questions, lest the
-interrogator may be a secret enemy and come for purposes of
-revenge."[13] Among the Beni Amer a stranger can never trust a
-man's word on account of "their contempt for everything
-foreign."[14] That even civilised nations allow stratagem in
-warfare is the natural consequence of war itself being allowed;
-and if good faith is to be preserved between enemies, that is
-because only thereby useless cruelty can be avoided and an end be
-put to hostilities.
-
-[Footnote 12: Chapman, _Travels in the Interior of South Africa_,
-i. 76.]
-
-[Footnote 13: Burckhardt, _Notes on the Bedouins and Wahábys_,
-p. 210.]
-
-[Footnote 14: Munzinger, _Ostafrikanische Studien_, p. 337.]
-
-However, deceit is not condemned merely because it is {113} an
-injury to the party deceived and as such apt to arouse
-sympathetic resentment, but it is an object of disinterested,
-moral resentment also because it is intrinsically antipathetic.
-Lying is a cheap and cowardly method of gaining an undue
-advantage, and is consequently despised where courage is
-respected.[15] It is the weapon of the weak, the woman,[16] and
-the slave.[17] Fraud, says Cicero, is the property of a fox,
-force that of a lion; "both are utterly repugnant to society, but
-fraud is the more detestable."[18] "To lie is servile," says
-Plutarch, "and most hateful in all men, hardly to be pardoned
-even in poor slaves."[19] On account of its cowardliness, lying
-was incompatible with Teutonic and knightly notions of manly
-honour; and among ourselves the epithets "liar" and "coward" are
-equally disgraceful to a man. "All . . . in the rank and station
-of gentlemen," Sir Walter Scott observes, "are forcibly called
-upon to remember that they must resent the imputation of a
-voluntary falsehood as the most gross injury."[20] Fichte asks,
-"Whence comes that internal shame for one's self which manifests
-itself even stronger in the case of a lie than in the case of any
-other violation of conscience?" And his answer is, that the lie
-is accompanied by cowardice, and that nothing so much dishonours
-us in our own eyes as want of courage.[21] According to Kant,
-"a lie is the abandonment, and, as it were, the annihilation,
-of the dignity of a man."[22]
-
-[Footnote 15: _Cf._ Schopenhauer, _Die Grundlage der Moral_, § 17
-(_Sämmtliche Werke_, vi. 250); Grote, _Treatise on the Moral
-Ideals_, p. 254.]
-
-[Footnote 16: Women are commonly said to be particularly addicted
-to falsehood (Schopenhauer, _Parerga und Paralipomena_, ii. 497
-_sq._ Galton, _Inquiries into Human Faculty_, p. 56 _sq._ Krauss,
-_Sitte und Brauch der Südslaven_, pp. 508, 514. Maurer,
-_Bekehrung des Norwegischen Stammmes_, ii. 159 [ancient
-Scandinavians]. Döllinger, _The Gentile and the Jew_, ii. 234
-[ancient Greeks]. Lane, _Arabian Society in the Middle Ages_,
-p. 219. Le Bon, _La civilisation des Arabes_, p. 433. Loskiel,
-_History of the Mission of the United Brethren_, i. 16
-[Iroquois]. Hearne, _Journey to the Northern Ocean_, p. 307 _sq._
-[Northern Indians]. Lyon, _Private Journal_, p. 349 [Eskimo of
-Igloolik]. Dalager, _Grønlandske Relationer_, p. 69; Cranz,
-_History of Greenland_, i. 175).]
-
-[Footnote 17: See _infra_, p. 129 _sq._]
-
-[Footnote 18: Cicero, _De officiis_, i. 13.]
-
-[Footnote 19: Plutarch, _De educatione puerorum_, 14.]
-
-[Footnote 20: Scott, 'Essay on Chivalry,' in _Miscellaneous Prose
-Works_, vi. 58.]
-
-[Footnote 21: Fichte, _Das System der Sittenlehre_, p. 370;
-English translation, p. 302 _sq._]
-
-[Footnote 22: Kant, _Metaphysische Anfangungsgründe der
-Tugendlehre_, p. 84.]
-
-{114} But a lie may also be judged of from a very different point
-of view. It may be not only a sign of cowardice, but a sign of
-cleverness. Hence a successful lie may excite admiration, a
-disinterested kindly feeling towards the liar, genuine moral
-approval; whereas to be detected in a lie is considered shameful.
-And not only is the clever liar an object of admiration, but the
-person whom he deceives is an object of ridicule. To the mind of
-a West African native, Miss Kingsley observes, there is no
-intrinsic harm in lying, "because a man is a fool who believes
-another man on an important matter unless he puts on the
-oath."[23] A Syrian proverb says, "Lying is the salt (goodness)
-of men, and shameful only to one who believes."[24]
-
-[Footnote 23: Kingsley, _West African Studies_, p. 414. _Cf._
-Sommerville, 'Ethnogr. Notes in New Georgia,' _Jour. Anthr.
-Inst._ xxvi. 394.]
-
-[Footnote 24: Burton and Drake, _Unexplored Syria_, i. 275. See
-also Burckhardt, _Arabic Proverbs_, p. 44 _sq._]
-
-The duties of sincerity and good faith are also to some extent,
-and in certain cases principally, founded on prudential
-considerations. Although, as the _Märchen_ tells us, it happens
-every day in the world that the fraudulent is successful,[25]
-there is a widespread notion that, after all, "honesty is the
-best policy." "Nothing that is false can be lasting," says
-Cicero.[26] "The liar is short-lived" (that is, soon detected),
-say the Arabs.[27] According to a Wolof proverb, "lies, however
-numerous, will be caught by truth when it rises up."[28] The
-Basutos have a saying that "cunning devours its master."[29] It
-has been remarked that "if there were no such thing as honesty,
-it would be a good speculation to invent it, as a means of making
-one's fortune."[30]
-
-[Footnote 25: Grimm, _Kinder und Hausmärchen_, 'Katze und Maus in
-Gesellschaft,' 'Die drei Spinnerinnen,' 'Das tapfere
-Schneiderlein,' &c.]
-
-[Footnote 26: Cicero, _De officiis_, ii. 12.]
-
-[Footnote 27: Burckhardt, _Arabic Proverbs_, p. 119.]
-
-[Footnote 28: Burton, _Wit and Wisdom from West Africa_, p. 15.]
-
-[Footnote 29: Casalis, _Basutos_, p. 307.]
-
-[Footnote 30: Quoted by Bentham, _Theory of Legislation_, p. 64.]
-
-Moreover, lying is attended not only with social disadvantages,
-but with supernatural danger. The West African Fjort have a tale
-about a fisherman who every day used to catch and smuggle into
-his house great quantities of fish, {115} but denied to his
-brother and relatives that he had caught anything. All this time
-the fetish Sunga was watching, and was grieved to hear him lie
-thus. The fetish punished him by depriving him of the power of
-speech, that he might lie no more, and so for the future he could
-only make his wants known by signs.[31] In another instance, the
-Fjort tell us, the earth-spirit turned into a pillar of clay a
-woman who said that she had no peas for sale, when she had her
-basket full of them.[32] The Nandi of the Uganda Protectorate
-believe that "God punishes lying by striking the untruthful
-person with lightning."[33] The Dyaks of Borneo think that the
-lightning god is made angry even by the most nonsensical untruth,
-such as the statement that a man has a cat for his mother or that
-vermin can dance.[34] In Aneiteum, of the New Hebrides, the
-belief prevailed that liars would be punished in the life to
-come;[35] according to the Banks Islanders, they were excluded
-from the true Panoi or Paradise after death.[36] We have already
-noticed the emphasis which some of the higher religions lay on
-veracity and good faith, and other statements maybe added
-testifying the interest which gods of a more civilised type take
-in the fulfilment of these duties. In ancient Egypt Amon Ra, "the
-chief of all the gods," was invoked as "Lord of Truth";[37] and
-Ma[=a], or Maat, represented as his daughter, was the goddess of
-truth and righteousness.[38] In a Babylonian hymn the moon god is
-appealed to as the guardian of truth.[39] The Vedic gods are
-described as "true" and "not deceitful," as friends of honesty
-and righteousness;[40] and Agni was the lord of vows.[41] The
-{116} Zoroastrian Mithra was a protector of truth, fidelity, and
-covenants;[42] and Rashnu Razista, "the truest true," was the
-genius of truth.[43] According to the Iliad, Zeus is "no abettor
-of falsehoods";[44] according to Plato, a lie is hateful not only
-to men but to gods.[45] Among the Romans Jupiter and Dius Fidius
-were gods of treaties,[46] and Fides was worshipped as the deity
-of faithfulness.[47] How shall we explain this connection between
-religious beliefs and the duties of veracity and fidelity to
-promises?
-
-[Footnote 31: Dennett, _Folklore of the Fjort_, p. 88 _sq._]
-
-[Footnote 32: _Ibid._ p. 5.]
-
-[Footnote 33: Johnston, _Uganda Protectorate_, ii. 879.]
-
-[Footnote 34: Selenka, _Sonnige Welten_, p. 47.]
-
-[Footnote 35: Turner, _Samoa_, p. 326.]
-
-[Footnote 36: Codrington, _Melanesians_, p. 274.]
-
-[Footnote 37: Wiedemann, _Religion of the Ancient Egyptians_,
-p. 112. _Cf._ Brugsch, _Die Aegyptologie_, pp. 49, 91, 92, 97;
-Amélineau, _Essai sur l'évolution des idées morales dans l'Égypte
-Ancienne_, pp. 182, 188, 251.]
-
-[Footnote 38: Wiedemann, 'Ma[=a], déesse de la vérité,' in
-_Annales du Musée Guimet_, x. 561 _sqq._ Amélineau, _op. cit._
-p. 187. _Infra_, p. 699.]
-
-[Footnote 39: Mürdter-Delitzsch, _Geschichte Babyloniens und
-Assyriens_, p. 37.]
-
-[Footnote 40: Bergaigne, _La religion védique_, iii. 199.
-Macdonell, _Vedic Mythology_, p. 18.]
-
-[Footnote 41: _Satapatha-Brâhmana_, iii. 2. 2. 24.]
-
-[Footnote 42: Darmesteter, _Ormazd et Ahriman_, p. 78. Geiger,
-_Civilization of the Eastern Ir[=a]nians_, pp. lvii., 164.
-Spiegel, _Erânische Alterthumskunde_, iii. 685.]
-
-[Footnote 43: Darmesteter, in _Sacred Books of the East_, xxiii.
-168.]
-
-[Footnote 44: _Iliad_, iv. 235.]
-
-[Footnote 45: Plato, _Respublica_, ii. 382.]
-
-[Footnote 46: Fowler, _Roman Festivals of the Period of the
-Republic_, pp. 141, 229 _sq._]
-
-[Footnote 47: Cicero, _De officiis_, iii. 29. _Idem_, _De natura
-deorum_, ii. 23; iii. 18. _Idem_, _De legibus_, ii. 8, 11.
-Dionysius of Halicarnassus, _Antiquitates Romanæ_, ii. 75.]
-
-Apart from the circumstances which in some cases make gods
-vindicators of the moral law in general, as conceived of by their
-worshippers, there are quite special reasons for their
-disapproval of insincerity and bad faith. Here again we notice
-the influence of magic beliefs on the religious sanction of
-morality.
-
-There is something uncanny in the untrue word itself. As
-Professor Stanley Hall points out, children not in frequently
-regard every deviation from the most painfully literal truth as
-alike heinous, with no perspective or degrees of difference
-between the most barefaced intended and unintended lies. In some
-children this fear of telling an untruth becomes so neurotic that
-to every statement, even to yes or no, a "perhaps" or "I think"
-is added mentally, whispered, or aloud. One boy had a long period
-of fear that, like Ananias and Sapphira, he might some moment
-drop down dead for a chance and perhaps unconscious lie.[48] On
-the other hand, an acted lie is felt to be much less harmful than
-a spoken one; to point the wrong way when asked where some one is
-gone is less objectionable than to speak wrongly, to nod is less
-sinful than to say yes. Indeed, acted lies are for the most {117}
-part easily gotten away with, whereas some mysterious baneful
-energy seems to be attributed to the spoken untruth. That its
-evil influence is looked upon as quite mechanical appears from
-the palliatives used for it. Many American children are of
-opinion that a lie may be reversed by putting the left hand on
-the right shoulder and that even an oath may be neutralised or
-taken in an opposite sense by raising the left instead of the
-right hand.[49] Among children in New York "it was sufficient to
-cross the fingers, elbows, or legs, though the act might not be
-noticed by the companion accosted, and under such circumstances
-no blame attached to a falsehood."[50] To think "I do not mean
-it," or to attach to a statement a meaning quite different from
-the current one, is a form of reservation which is repeatedly
-found in children.[51] Nor are feelings and ideas of this kind
-restricted to the young; they are fairly common among grown-up
-people, and have even found expression in ethical doctrines.
-They lie at the root of the Jesuit theory of mental reservations.
-According to Thomas Aquinas, again, though it is wrong to tell a
-lie for the purpose of delivering another from any danger
-whatever, it is lawful "to hide the truth prudently under some
-dissimulation, as Augustine says."[52] It is not uncommonly
-argued that in defence of a secret we may not "lie," that is,
-produce directly beliefs contrary to facts; but that we may
-"turn a question aside," that is, produce indirectly, by
-natural inference from our answer, a negatively false belief; or
-that we may "throw the inquirer on a wrong scent," that is,
-produce similarly a positively false belief.[53] This extreme
-formalism may no doubt to some extent be traced to the influence
-of early training. From the day we learned to speak, the duty of
-telling the truth has been strenuously enjoined upon us, and the
-word "lie" has been associated with sin of the {118} blackest
-hue; whereas other forms of falsehood, being less frequent, less
-obvious, and less easy to define, have also been less emphasised.
-But after full allowance is made for this influence, the fact
-still remains that a mystic efficacy is very commonly ascribed to
-the spoken word. Even among ourselves many persons would not dare
-to praise their health or fortune for fear lest some evil should
-result from their speech; and among less civilised peoples much
-greater significance is given to a word than among us. Herodotus,
-after mentioning the extreme importance which the ancient
-Persians attached to the duty of speaking the truth, adds that
-they held it unlawful even "to talk of anything which it is
-unlawful to do."[54] I think, then, we may assume that, if for
-some reason or other, falsehood is stigmatised, the mysterious
-tendency inherent in the word easily develops into an avenging
-power which, as often happens in similar cases, is associated
-with the activity of a god.
-
-[Footnote 48: Stanley Hall, 'Children's Lies,' in _American
-Journal of Psychology_, iii. 59 _sq._]
-
-[Footnote 49: Stanley Hall, 'Children's Lies,' in _American
-Journal of Psychology_, iii. 68 _sq._]
-
-[Footnote 50: Bergen and Newell, 'Current Superstitions,' in
-_Journal of American Folk-lore_, ii. 111.]
-
-[Footnote 51: Stanley Hall, _loc. cit._ p. 68.]
-
-[Footnote 52: Thomas Aquinas, _Summa theologica_, ii.-ii. 110.
-3. 4.]
-
-[Footnote 53: See Sidgwick, _Methods of Ethics_, p. 317.]
-
-[Footnote 54: Herodotus, i. 139.]
-
-The punishing power of a word is particularly conspicuous in the
-case of an oath. But the evil attending perjury does not come
-from the lie as such: it is in the first place a result of the
-curse which constitutes the oath. An oath is essentially a
-conditional self-imprecation, a curse by which a person calls
-down upon himself some evil in the event of what he says not
-being true. The efficacy of the oath is originally entirely
-magical, it is due to the magic power inherent in the cursing
-words. In order to charge them with supernatural energy various
-methods are adopted. Sometimes the person who takes the oath puts
-himself in contact with some object which represents the state
-referred to in the oath, so that the oath may absorb, as it were,
-its quality and communicate it to the perjurer. Thus the Kandhs
-swear upon the lizard's skin, "whose scaliness they pray may be
-their lot if forsworn," or upon the earth of an ant-hill, "like
-which they desire that, if false, they may be reduced to
-powder."[55] The Tunguses regard it as the most dreadful {119} of
-all their oaths when an accused person is compelled to drink some
-of the blood of a dog which, after its throat has been cut, is
-impaled near a fire and burnt, or has its flesh scattered about
-piece-meal, and to swear:--"I speak the truth, and that is as
-true as it is that I drink this blood. If I lie, let me perish,
-burn, or be dried up like this dog."[56] In other cases the
-person who is to swear takes hold of a certain object and calls
-it to inflict on him some injury if he perjure himself. The
-Kandhs frequently take oath upon the skin of a tiger, "from which
-animal destruction to the perjured is invoked."[57] The Angami
-Nagas, when they swear to keep the peace, or to perform any
-promise, "place the barrel of a gun, or a spear, between their
-teeth, signifying by this ceremony that, if they do not act up to
-their agreement, they are prepared to fall by either of the two
-weapons."[58] The Chuvashes, again, put a piece of bread and a
-little salt in the mouth and swear, "May I be in want of these,
-if I say not true!" or "if I do not keep my word!"[59] Another
-method of charging an oath with supernatural energy is to touch,
-or to establish some kind of contact with, a holy object on the
-occasion when the oath is taken. The Iowa have a mysterious iron
-or stone, wrapped in seven skins, by which they make men swear to
-speak the truth.[60] The people of Kesam, in the highlands of
-Palembang, swear by an old sacred knife,[61] the Bataks of South
-Tóba on their village idols,[62] the Ostyaks on the nose of a
-bear, which is regarded by them as an animal endowed with
-supernatural power.[63] Among the Tunguses a criminal may be
-compelled to climb one {120} of their sacred mountains, repeating
-as he mounts, "May I die if I am guilty," or, "May I lose my
-children and my cattle," or, "I renounce for ever all success in
-hunting and fishing if I am guilty."[64] In Tibetan law-courts,
-when the great oath is taken, "it is done by the person placing a
-holy scripture on his head, and sitting on the reeking hide of an
-ox and eating part of the ox's heart."[65] Hindus swear on a copy
-of the Sanskrit _haribans_, or with Ganges water in their hands,
-or touch the legs of a Brâhmana in taking an oath.[66]
-Muhammedans swear on the Koran, as Christians do on the Bible. In
-Morocco an oath derives efficacy from contact with, or the
-presence of, any lifeless object, animal, or person endowed with
-_baraka_, or holiness, such as a saint-house or a mosque, corn or
-wool, a flock of sheep or a horse, or a shereef. In mediæval
-Christendom sacred relics were generally adopted as the most
-effective means of adding security to oaths, and "so little
-respect was felt for the simple oath that, ere long, the adjuncts
-came to be looked upon as the essential feature, and the
-imprecation itself to be divested of binding force without
-them."[67]
-
-[Footnote 55: Macpherson, _Memorials of Service in India_, p. 83.]
-
-[Footnote 56: Georgi, _Russia_, iii. 86.]
-
-[Footnote 57: Macpherson, _op. cit._ p. 83. _Cf._ Hose, 'Natives
-of Borneo,' in _Jour. Anthr. Inst._ xxiii. 165 (Kayans).]
-
-[Footnote 58: Butler, _Travels in Assam_, p. 154. Mac Mahon, _Far
-Cathay_, p. 253. Prain, 'Angami Nagas,' in _Revue coloniale
-internationale_, v. 490. _Cf._ Lewin, _Wild Races of
-South-Eastern India_, pp. 193 (Toungtha), 244 _sq._ (Pankhos and
-Bunjogees); St. John, 'Hill Tribes of North Aracan,' in _Jour.
-Anthr. Inst._ ii. 242.]
-
-[Footnote 59: Georgi, _op. cit._ i. 110.]
-
-[Footnote 60: Hamilton, quoted by Dorsey, 'Siouan Cults,' in
-_Ann. Rep. Bur. Ethn._ xi. 427.]
-
-[Footnote 61: _Glimpses of the Eastern Archipelago_, p. 104.]
-
-[Footnote 62: von Brenner, _Besuch bei den Kannibalen Sumatras_,
-p. 213.]
-
-[Footnote 63: Castrén, _Nordiska resor och forskningar_, i. 307,
-309; iv. 123 _sq._ _Cf._ Ahlqvist, 'Unter Wogulen und Ostjaken,'
-in _Acta Societatis Scientiarum Fennicæ_, xiv. 298.]
-
-[Footnote 64: Georgi, _op. cit._ iii. 86.]
-
-[Footnote 65: Waddell, _Buddhism of Tibet_, p. 569, n. 7.]
-
-[Footnote 66: Grierson, _Bih[=a]r Peasant Life_, p. 401. Sleeman,
-_Rambles and Recollections of an Indian Official_, ii. 116.]
-
-[Footnote 67: Lea, _Superstition and Force_, p. 29. See also
-Kaufmann, _Deutsche Geschichte_, ii. 297; Ellinger, _Das
-Verhältniss der öffentlichen Meinung zu Wahrheit und Lüge im 10.
-11. und 12. Jahrhundert_, pp. 30, 111.]
-
-Finally, as an ordinary curse, so an oath is made efficacious by
-bringing in the name of a supernatural being, to whom an appeal
-is made. When the Comanches of Texas make a sacred pledge or
-promise, "they call upon the great spirit as their father, and
-the earth as their mother, to testify to the truth of their
-asseverations."[68] Of the Chukchi we are told that "as often as
-they would certify the truth of any thing by oath or solemn
-protestations they take the sun for their guarantee and
-security."[69] Among the Tunguses an accused person takes a knife
-in his hand, brandishes it towards the sun, and says, "If I {121}
-am guilty, may the sun send diseases into my bowels as mortal as
-a stab with this knife would be!"[70] An Arab from the province
-of Dukkâla in Morocco presses a dagger against his chest, saying,
-"By this poison, may God thrust it into my heart if I did so or
-so!" If a Masai is accused of having done something wrong, he
-drinks some blood, which is given him by the spokesman, and says,
-"If I have done this deed may God kill me"; and it is believed
-that if he has committed the crime he dies, whereas no harm
-befalls him if he is innocent.[71] Among the Tshi-speaking peoples
-of the Gold Coast, "to make an oath binding on the person who
-takes it, it is usual to give him something to eat or to drink
-which in some way appertains to a deity, who is then invoked to
-visit a breach of faith with punishment."[72] Among the Shekani
-and Bakele people of Southern Guinea, when a covenant between
-different tribes is about to be formed, their great spirit,
-Mwetyi, "is always invoked as a witness, and is commissioned with
-the duty of visiting vengeance upon the party who shall violate
-the engagement."[73] It seems to be a common practice in certain
-parts of Africa to swear by some fetish.[74] The Efatese, of the
-New Hebrides, invoked punishment from the gods in their oaths.[75]
-In Florida, of the Solomon Group, a man will deny an accusation by
-some _tindalo_ (that is, the disembodied spirit of some man who
-already in his lifetime was supposed to be endowed with
-supernatural power), or by the ghostly frigate-bird, or by the
-ghostly shark.[76] When an ancient Egyptian wished to give
-assurance of his honesty and good faith, he called Thoth to
-witness, the advocate in the heavenly court of justice, without
-whose justification no soul could stand in the day of judgment.[77]
-The Eranians swore by Mithra,[78] the Greeks by Zeus,[79] the {122}
-Romans by Jupiter and Dius Fidius.[80] A god is more able than
-ordinary mortals to master the processes of nature, and he may
-also better know whether the sworn word be true or false.[81]
-It is undoubtedly on account of their superior knowledge that
-sun or moon or light gods are so frequently appealed to in oaths.
-The Egyptian god Ra is a solar,[82] and Thoth a lunar[83] deity.
-The Zoroastrian Mithra, who "has a thousand senses, and sees
-every man that tells a lie,"[84] is closely connected with the
-sun;[85] and Rashnu Razista, according to M. Darmesteter, is an
-offshoot either of Mithra or Ahura Mazda himself.[86] Dius Fidius
-seems originally to have been a spirit of the heaven, and a wielder
-of the lightning, closely allied to the great Jupiter.[87] Zeus is
-all-seeing, the infallible spy of both gods and men.[88] Now,
-even though the oath has the form of an appeal to a god, it may
-nevertheless be of a chiefly magic character, being an
-imprecation rather than a prayer. The oaths which the Moors swear
-by Allah are otherwise exactly similar in nature to those in
-which he is not mentioned at all. But the more the belief in
-magic was shaken, the more the spoken word was divested of that
-mysterious power which had been attributed to it by minds too apt
-to confound words with facts, the more prominent became the
-religious element in the oath. The fulfilment of the
-self-imprecation was made dependent upon the free will of the
-deity appealed to, and was regarded as the punishment for an
-offence committed by the perjurer against the god himself.[89]
-
-[Footnote 68: Neighbors, in Schoolcraft, _Indian Tribes of the
-United States_, i. 132.]
-
-[Footnote 69: Georgi, _op. cit._ iii. 183.]
-
-[Footnote 70: Georgi, _op. cit._ iii. 85 _sq._]
-
-[Footnote 71: Hollis, _Masai_, p. 345.]
-
-[Footnote 72: Ellis, _Tshi-speaking Peoples of the Gold Coast_,
-p. 196.]
-
-[Footnote 73: Wilson, _Western Africa_, p. 392.]
-
-[Footnote 74: Schultze, _Der Fetischismus_, p. 111.]
-
-[Footnote 75: Turner, _Samoa_, p. 334.]
-
-[Footnote 76: Codrington, _op. cit._ p. 217.]
-
-[Footnote 77: Tiele, _History of the Egyptian Religion_, p. 229.
-Amélineau, _op. cit._ p. 251.]
-
-[Footnote 78: _Yasts_, x.]
-
-[Footnote 79: _Iliad_, iii. 276 _sqq._ Farnell, _Cults of the
-Greek States_, i. 70.]
-
-[Footnote 80: von Lasaulx, _Der Eid bei den Römern_, p. 9.]
-
-[Footnote 81: _Cf._ James, _Expedition from Pittsburg to the
-Rocky Mountains_, i. 267 (Omahas); Tylor, _Primitive Culture_,
-ii. 231 (Ostyaks).]
-
-[Footnote 82: Maspero, _Dawn of Civilization_, p. 87 _sq._
-Wiedemann, _Religion of the Ancient Egyptians_, p. 14. Erman,
-_Handbook of Egyptian Religion_, p. 10.]
-
-[Footnote 83: Maspero, _op. cit._ p. 145. Erman, _op. cit._ p. 11.]
-
-[Footnote 84: _Yasts_, x. 107.]
-
-[Footnote 85: Darmesteter, in _Sacred Books of the East_, xxiii.
-122, n. 4. Meyer, _Geschichte des Alterthums_, i. 541 _sq._
-Geiger, _op. cit._ i. p. lvi.]
-
-[Footnote 86: Darmesteter, in _Sacred Books of the East_, xxiii. 168.]
-
-[Footnote 87: Fowler, _Roman Festivals_, p. 141.]
-
-[Footnote 88: _Cf._ _Iliad_, iii. 277; Ovid, _Metamorphoses_, iv.
-172; Darmesteter, _Essais orientaux_, p. 107; Usener,
-_Götternamen_, p. 177 _sqq._]
-
-[Footnote 89: Grotius says (_De jure belli et pacis_, ii. 13. 12)
-that even he who swears by false gods is bound, "because, though
-under false notions, he refers to the general idea of Godhead,
-and therefore the true God will interpret it as a wrong to
-himself if perjury be committed."]
-
-{123} Owing to its invocation of supernatural sanction, perjury
-is considered the most heinous of all acts of falsehood.[90] But
-it has a tendency to make even the ordinary lie or breach of
-faith a matter of religious concern. If a god is frequently
-appealed to in oaths, a general hatred of lying and
-unfaithfulness may become one of his attributes, as is suggested
-by various facts quoted above. There is every reason to believe
-that a god is not, in the first place, appealed to because he is
-looked upon as a guardian of veracity and good faith, but that he
-has come to be looked upon as a guardian of these duties because
-he has been frequently appealed to in connection with them.
-
-[Footnote 90: Among various peoples perjury is punished even by
-custom or law. Thus among the Gaika tribe of the Kafirs a person
-may be fined for taking a false oath in a law case (Brownlee, in
-Maclean, _Compendium of Kafir Laws and Customs_, p. 124). In
-Abyssinia a man convicted of perjury "would not only lose his
-reputation, and be for ever incapacitated from being witness even
-on the most trivial question, but he would likewise in all
-probability be bound and severely fined, and might indeed think
-himself fortunate if he got off with all his limbs in their
-proper places, or without his hide being scored" (Parkyns, _Life
-in Abyssinia_, ii. 258 _sq._). The laws of the Malays punish
-perjury (Crawfurd, _History of the Indian Archipelago_, iii. 90).
-In India, according to the Laws of Manu (viii. 219 _sq._), he who
-broke an agreement after swearing to it was to be banished,
-imprisoned, and fined. Mediæval law-books punished perjurers with
-the loss of the right hand, by which the oath was sworn (Wilda,
-_Das Strafrecht der Germanen_, p. 983 _sq._; Pollock and
-Maitland, _History of English Law before the Time of Edward I._
-ii. 541). In a Danish law of 1537 it is said that the perjurer
-shall lose the two offending fingers so as to appease the wrath
-of God (Stemann, _Den danske Retshistorie indtil Christian V.'s
-Lov_, p. 645). In other cases, again, no civil punishment is
-affixed to a false oath--for instance, among the Rejangs
-(Marsden, _History of Sumatra_, p. 240) and Bataks of Sumatra
-(_Glimpses of the Eastern Archipelago_, p. 86), the Ossetes
-(Kovalewsky, _Coutume contemporaine_, p. 324), Persians (Polak,
-_Persien_, ii. 83), and, as it seems, the ancient Hebrews (Keil,
-_Manual of Biblical Archæology_, ii. 348; Greenstone, 'Perjury,'
-in _Jewish Encyclopedia_, ix. 640), Greeks (Rohde, _Psyche_, p.
-245, note), and Teutons in early times (Wilda, _op. cit._ p. 982;
-Brunner, _Deutsche Rechtsgeschichte_, ii. 681). Cicero says (_De
-legibus_, ii. 9) that "the divine punishment of perjury is
-destruction, the human punishment infamy"; but though perjury
-_per se_ was not punished in Rome, the law appears from very
-early times to have contained provisions for punishing false
-testimony (Hunter, _Roman Law_, p. 1063; see also Mommsen,
-_Römisches Strafrecht_, p. 681). However, the fact that perjury
-is not treated as a crime by no means implies that it is not
-regarded as a sin. The punishment of it is left to the offended
-deity (Marsden, _op. cit._ p. 219; _Glimpses of the Eastern
-Archipelago_, p. 86; Crawfurd, _op. cit._ iii. 90 [Javanese]).]
-
-It seems that sometimes the habit of oath-taking has, in another
-respect also, made it prudential for men to speak the simple
-truth in all circumstances. Sir W. H. Sleeman {124} observes that
-among the woods and hills of India the cotton and other trees are
-supposed by the natives to be occupied by deities who are vested
-with a local superintendence over the affairs of a district, or
-perhaps of a single village. "These," he says, "are always in the
-view of the people, and every man knows that he is every moment
-liable to be taken to their court, and to be made to invoke their
-vengeance upon himself or those dear to him, if he has told a
-falsehood in what he has stated, or tells one in what he is about
-to state. Men so situated adhere habitually, and I may say
-religiously, to the truth; and I have had before me hundreds of
-cases in which a man's property, liberty, or life, has depended
-upon his telling a lie, and he has refused to tell it to save
-either."[91] On the other hand, there are peoples among whom a
-person's word can hardly be trusted unless confirmed by an
-oath.[92] And one of the arguments adduced by the Quakers against
-the taking of oaths is that, if on any particular occasion a man
-swear in addition to his yea or nay, in order to make it more
-obligatory or convincing, its force becomes comparatively weak at
-other times when it receives no such confirmation.[93]
-
-[Footnote 91: Sleeman, _op. cit._ ii. 111 _sq._]
-
-[Footnote 92: See, besides _supra_, Kingsley, _West African
-Studies_, p. 414; Chanler, _Through Jungle and Desert_, p. 186
-_sq._ (Wamsara).]
-
-[Footnote 93: Gurney, _Views and Practices of the Society of
-Friends_, p. 327.]
-
-Modes of conduct which are recommended by prudence tend on that
-account in various ways to be regarded as morally compulsory or
-praiseworthy. This subject will be discussed in connection with
-duties and virtues which are called "self-regarding," but in the
-present place it is necessary to remind ourselves of the share
-which early education has in making prudence a matter of moral
-consideration. Few duties owe so much to the training of parents
-and teachers as does veracity. Children easily resort to
-falsehood, in self-defence or otherwise, and truthfulness is
-therefore enjoined on them with particular emphasis.[94]
-
-[Footnote 94: _Cf._ Priestley, in 'Essay III.' introductory to
-Hartley's _Theory of the Human Mind_, p. xlix. _sq._]
-
-{125} The moral ideas referring to truthfulness are, finally,
-much influenced by the force of habit. Where lying is frequent it
-is, other things being equal, less strenuously condemned, if
-condemned at all, than in communities which are strictly
-truthful. It is natural to speak the truth. Von Jhering's
-suggestion that man was originally a liar, and that veracity is
-the result of human progress,[95] is not consistent with facts.
-Language was not invented to disguise the truth, but to express
-it. As Hutcheson remarked long ago, "truth is the natural
-production of the mind when it gets the capacity of communicating
-it, dissimulation and disguise are plainly artificial effects of
-design and reflection."[96] It may be doubted whether there are
-any other mendacious creatures in the world than men.[97] It is
-said that "lies are told, if not in speech yet in acts, by
-dogs";[98] but the instances reported of canine deceitfulness[99]
-are hardly conclusive. As a cautious writer observes, the
-question is not whether there may be "objective deceitfulness" in
-the dog's conduct, but whether the motive is deceit: and "the
-deceitful intent is a piece, not of the observed fact, but of the
-observer's inference."[100] Nor is the child, strictly speaking,
-a born liar. M. Compayré even goes so far as to say that, if the
-child has not been subjected to bad influences, or if a
-discipline of repression and constraint has not driven him to
-seek a refuge in dissimulation, he is usually frankness and
-sincerity itself.[101] Montaigne remarked that the falsehood of a
-child grows with its growth.[102] According to M. Perez, useful
-dissimulations are practised by children already at the age of
-two years, but generally it is only after they are three or four
-years old that fear of being scolded or punished will lead {126}
-them into falsehood.[103] We are even told that certain savages
-are too stupid or too ignorant to tell lies. A Hindu gentleman of
-the plains, in the valley of the Nerbudda, when asked what made
-the uncultured people of the woods to the north and south so
-truthful, replied, "They have not yet learned the value of a
-lie."[104] But as we know how readily truthful savages become
-liars when their social conditions change, we may conclude that
-their veracity was due rather to absence of temptation than to
-lack of intelligence. In a small community of savages living by
-themselves, there is no need for lying, nor much opportunity to
-practise it. There is little scope for those motives which most
-commonly induce people to practise falsehood--fear and love of
-gain, combined with a hope of success.[105] Harmony and sympathy
-generally prevail between the members of the group, and deception
-is hardly possible since secrets do not exist.
-
-[Footnote 95: von Jhering, _Zweck im Recht_, ii. 606.]
-
-[Footnote 96: Hutcheson, _System of Moral Philosophy_, ii. 28.
-_Cf._ Reid, _op. cit._ vi. 24, p. 428 _sqq._; Dugald Stewart,
-_op. cit._ ii. 333.]
-
-[Footnote 97: _Cf._ Schopenhauer, _Essays_, p. 145.]
-
-[Footnote 98: Spencer, _Principles of Ethics_, i. 405.]
-
-[Footnote 99: Romanes, _Animal Intelligence_, pp. 443, 444, 451.]
-
-[Footnote 100: Lloyd Morgan, _Animal Life and Intelligence_,
-p. 400.]
-
-[Footnote 101: Compayré, _L'évolution intellectuelle et morale de
-l'enfant_, p. 309. See also Sully, _Studies of Childhood_, p. 263
-_sq._]
-
-[Footnote 102: Montaigne, _Essais_, i. 9 (_[OE]uvres_, p. 16).]
-
-[Footnote 103: Perez, _First Three Years of Childhood_, pp. 87, 89.]
-
-[Footnote 104: Sleeman, _op. cit._ ii. 110.]
-
-[Footnote 105: _Cf._ Sarasin, _Forschungen auf Ceylon_, iii. 543
-(Veddahs).]
-
-The case is different when savages come into frequent contact
-with foreigners. To deceive a stranger is easy, and no scruple is
-made of doing so. On the contrary, as we have seen, he is
-regarded as a proper object of deception, and this opinion is
-only too often justified by his own behaviour. But when commonly
-practised in relation to strangers, falsehood easily becomes a
-habit which affects the general conduct of the man. Hamzé, the
-teacher of the Druses, said, "When a man once gets into the way
-of speaking falsely, it is to be apprehended that, in spite of
-himself, and by the mere force of habit, he will get to speak
-falsely towards the brethren"; hence it is advisable to speak the
-truth at all times and before all men.[106] There is indeed
-abundant evidence that intercourse with strangers, and especially
-with people of a different race, has had a destructive influence
-on savage veracity.
-
-[Footnote 106: Churchill, _Mount Lebanon_, iii. 225 _sq._]
-
-This has been noticed among many of the uncivilised tribes of
-India. "Formerly," says Mr. Man, "a Sonthal, as a rule, {127}
-disdained to tell a falsehood, but the influences of
-civilisation, transfused through the contagious ethics of his
-Bengali neighbours, have somewhat impaired his truthfulness. In
-the last four or five years a great change for the worse has
-become evident, although even now, as a people, they are glorious
-exceptions to the prevailing idiosyncrasy of the lower class of
-natives in Bengal. With the latter, speaking the truth has been
-always an accident; with the Sonthal it was a characteristic
-principle."[107] Indeed, the Santals in Singbhúm, who live much
-to themselves, are still described by Colonel Dalton as "a very
-simple-minded people, almost incapable of deception."[108] The
-Tipperah, "where he is brought into contact with, or under the
-influence of the Bengallee, easily acquires their worst vices and
-superstitions, losing at the same time the leading characteristic
-of the primitive man--the love of truth."[109] Other tribes, like
-the Garos and Bhúmij, have likewise been partly contaminated by
-their intercourse with Bengalis, and acquired from them a
-propensity to lie, which, in former days, was altogether foreign
-to them.[110] The Kakhyens are at the present time lazy,
-thievish, and untrustworthy, "whether their character has been
-deteriorated by knavish injustice on the part of Chinese traders,
-or high-handed extortion and wrong on the part of Burmese."[111]
-The Ladakhis are, in general, "frank, honest, and moral when not
-corrupted by communication with the dissolute Kashmiris."[112] Of
-the Pahárias, who according to an earlier authority would sooner
-die than lie,[113] it is now reported that "those who have most
-to do with them say they cannot rely on their word, and that they
-not only lie without scruple, but are scarcely annoyed at being
-detected."[114] The Todas, whilst they call falsehood one of the
-worst vices and have a temple dedicated to Truth, seem nowadays
-only too often to forget both the temple and its object;[115] and
-we are told that the dissimulation they practise in their
-dealings with Europeans has been brought about by the habit of
-paying them for every insignificant item of information.[116]
-According to an {128} Indian civil servant quoted by Mr. Spencer,
-various other hill tribes, originally distinguished by their
-veracity, have afterwards been rendered less veracious by contact
-with the whites.[117]
-
-[Footnote 107: Man, _Sonthalia_, p. 14. _Cf._ _ibid._ p. 20.]
-
-[Footnote 108: Dalton, _Ethnology of Bengal_, _op. cit._ p. 217.]
-
-[Footnote 109: Lewin, _Wild Races of South-Eastern India_, p. 216.]
-
-[Footnote 110: Dalton, _op. cit._ pp. 68, 177.]
-
-[Footnote 111: Anderson, _Mandalay to Momien_, p. 151.]
-
-[Footnote 112: Moorcroft and Trebeck, _Travels in the Himalayan
-Provinces of Hindustan_, i. 321.]
-
-[Footnote 113: Shaw, quoted by Dalton, _op. cit._ p. 274.]
-
-[Footnote 114: Cumming, _In the Himalayas_, p. 404 _sq._]
-
-[Footnote 115: Harkness, _A Singular Aboriginal Race inhabiting
-the Neilgherry Hills_, p. 18.]
-
-[Footnote 116: Metz, _Tribes inhabiting the Neilgherry Hills_,
-p. 13.]
-
-[Footnote 117: Spencer, _Principles of Sociology_, ii. 234. See
-also Hodgson, _Miscellaneous Essays_, i. 152. (Bódo and Dhimáls);
-Dalton, _op. cit._ p. 206 (Múndas).]
-
-Of the Andaman Islanders Mr. Man observes:--"It has been remarked
-with regret by all interested in the race, that intercourse with
-the alien population has, generally speaking, prejudicially
-affected their morals; and that the candour, veracity, and
-self-reliance they manifest in their savage and untutored state
-are, when they become associated with foreigners, to a great
-extent lost, and habits of untruthfulness, dependence, and sloth
-engendered."[118] Riedel makes a similar remark with reference to
-the natives of Ambon and Uliase.[119] Mr. Sommerville believes
-that the natives of New Georgia, in the Solomon Islands, learned
-their practice of cheating from European traders.[120]
-
-[Footnote 118: Man, in _Jour. Anthr. Inst._ xii. 92.]
-
-[Footnote 119: Riedel, _De sluik- en kroesharige rassen tusschen
-Selebes en Papua_, p. 41.]
-
-[Footnote 120: Sommerville, in _Jour. Anthr. Inst._ xxvi. 394.]
-
-Among the Ostyaks increasing civilisation has proved injurious to
-their ancient honesty, and those who live in the neighbourhood of
-towns or large villages have become even more deceitful than the
-colonists.[121] A similar change has taken place with other
-tribes belonging to the Russian Empire, for instance the
-Tunguses[122] and Kamchadales.[123]
-
-[Footnote 121: Castrén, _op. cit._ ii. 121.]
-
-[Footnote 122: Dall, _Alaska_, p. 518.]
-
-[Footnote 123: Steller, _Beschreibung von dem Lande Kamtschatka_,
-p. 285. Sarytchew, 'Voyage of Discovery to the North-East of
-Siberia,' in _Collection of Modern and Contemporary Voyages_, v. 67.]
-
-We hear the same story from America.[124] Among the Omahas
-"formerly only two or three were notorious liars; but now, there
-are about twenty who do not lie."[125] The old men of the Ojibwas
-all agree in saying that before the white man came and resided
-among them there was less lying than there is now.[126] The
-Indians of Mexico, Lumholtz writes, "do not tell the truth unless
-it suits them."[127] But with reference to some of them, the
-Tarahumares, he adds that, where they have had little or nothing
-to do with the whites, they are trustworthy, and profit is no
-inducement to them, as they believe {129} that their gods would
-be angry with them for charging an undue price.[128]
-
-[Footnote 124: Domenech, _Seven Years Residence in the Great
-Deserts of North America_, ii. 69. _Cf._ Hearne, _Journey to the
-Northern Ocean_, pp. 307, 308, 310 (Chippewyans); Morgan, _League
-of the Iroquois_, p. 335 _sq._]
-
-[Footnote 125: Dorsey, 'Omaha Sociology' in _Ann. Rep. Bur.
-Ethn._ iii. 370.]
-
-[Footnote 126: Schoolcraft, _Indian Tribes of the United States_,
-ii. 139.]
-
-[Footnote 127: Lumholtz, _Unknown Mexico_, ii. 477.]
-
-[Footnote 128: Lumholtz, _Unknown Mexico_, i. 244, 418.]
-
-The deceitfulness of many African peoples is undoubtedly in some
-degree a result of their intercourse with foreigners. In Sierra
-Leone, says Winterbottom, the natives on the sea coast, who are
-chiefly engaged in commerce, "are in general shrewd and artful,
-sometimes malevolent and perfidious. Their long connection with
-European slave traders has tutored them in the arts of
-deceit."[129] The Yorubas, according to Burton, are eminently
-dishonest only "in and around the cities."[130] Among the Kalunda
-those who live near the great caravan roads and have had much to
-do with foreign traders are suspicious and false.[131] And the
-Hottentots, of whose truthfulness earlier writers spoke very
-highly, are nowadays said to be addicted to lying.[132]
-
-[Footnote 129: Winterbottom, _Native Africans in the
-Neighbourhood of Sierra Leone_, i. 206.]
-
-[Footnote 130: Burton, _Abeokuta_, i. 303.]
-
-[Footnote 131: Pogge, _Im Reiche des Muata Jamwo_, p. 236.]
-
-[Footnote 132: Fritsch, _Die Eingeborenen Süd-Afrika's_,
-p. 307 _sq._]
-
-It has also been noticed that mendacity is favoured among
-children by much intercourse with strangers, when "first
-impressions" are consciously made, as also by frequent change of
-environment, or of school or residence, as such changes give rise
-to a feeling that "new leaves" can be easily turned.[133]
-
-[Footnote 133: Stanley Hall, in _American Journal of Psychology_,
-iii. 70.]
-
-When a social unit is composed of loosely connected sub-groups,
-the intercourse between members of different sub-groups resembles
-in many respects that between foreigners. Social incoherence is
-thus apt to lead to deceitful habits, as was the case in the
-Middle Ages. The same phenomenon is to be observed in the East;
-perhaps also among the Desert Arabs and the Fuegians, who live in
-small parties which only occasionally meet and soon again separate.
-
-Another factor which has favoured deception is social
-differentiation. The different classes of society have often
-little sympathy for each other, their interests are not
-infrequently conflicting, deceit is a means of procuring
-advantages, and, for the inferior classes especially, a means of
-self-protection. As Euripides observes, slaves are in {130} the
-habit of concealing the truth.[134] In Eastern Africa, says
-Livingstone, falsehood is a vice prevailing among the free, but
-still more among the slaves; "one can scarcely induce a slave to
-translate anything truly: he is so intent on thinking of what
-will please."[135]
-
-[Footnote 134: Euripides, _Ph[oe]nissæ_, 392. _Cf._ Burton,
-_Arabian Nights_, i. 176, n. 1.]
-
-[Footnote 135: Livingstone, _Expedition to the Zambesi_, p. 309.
-See also Polack, _Manners and Customs of the New Zealanders_,
-ii. 59.]
-
-Hardly anything has been a greater inducement to falsehood than
-oppression. Whilst the old Makololo were truthful, this is not
-the case with their sons, "who, having been brought up among the
-subjected tribes, have acquired some of the vices peculiar to a
-menial and degraded race."[136] The Wanyoro, who are described as
-"splendid liars," exercised deception chiefly to evade the
-intolerable exactions of their own chiefs, whereas they are
-fairly truthful in contact with Europeans who attempt to treat
-them justly.[137] The duplicity and cunning of the Malagasy are
-"the natural result of centuries of superstition, ignorance, and
-submission to the rule of tyrannical despots, with whom the spy
-system has always been a necessity."[138] In Morocco the
-independent Jbâla, or mountaineers of the North, are more to be
-trusted than the Arabs of the plains, who have long been
-suffering from the extortions of rapacious officials. The
-duplicity of Orientals is very largely due to their despotic form
-of government.[139] In India, Mr. Percival observes, "despotism
-in one form or other that has so long prevailed, and the
-consequent oppression attendant thereon, must have rendered it
-difficult to make way without fraud. Deception and arts of
-cunning, under such circumstances, being the only means at the
-command of the inferior portions of the community for gaining
-their ends, and securing the plainest rights, they would resort
-to them as the only way of avoiding certain ruin."[140] The
-Chinese habit of lying has {131} been attributed partly to the
-truckling fear of officers.[141] In China and many other parts of
-the East, says Sir J. Bowring, "there is a fear of truth _as_
-truth, lest its discovery should lead to consequences of which
-the inquirer never dreams, but which are present to the mind of
-the person under interrogation."[142]
-
-[Footnote 136: Livingstone, _Expedition to the Zambesi_, p. 283.]
-
-[Footnote 137: Johnston, _Uganda Protectorate_, ii. 591.]
-
-[Footnote 138: Little, _Madagascar_, p. 72.]
-
-[Footnote 139: Vámbéry, _Der Islam im neunzehnten Jahrhundert_,
-p. 231.]
-
-[Footnote 140: Percival, _Land of the Veda_, p. 288. _Cf._
-Malcolm, _Memoir of Central India_, ii. 171; Hodgson,
-_Miscellaneous Essays_, i. 152.]
-
-[Footnote 141: Wells Williams, _The Middle Kingdom_, i. 835.]
-
-[Footnote 142: Bowring, _Siam_, i. 105 _sq._]
-
-       *       *       *       *       *
-
-The regard for truth displays itself not only in the condemnation
-of falsehood, but in the idea that, under certain circumstances,
-it is a person's duty to inform others of the truth, although
-there is no deception in withholding it. This duty is limited by
-utilitarian considerations, and it is less insisted on than the
-duty of refraining from falsehood; positive commandments, as we
-have seen, are generally less stringent than the corresponding
-negative commandments.[143] But to disclose the truth for the
-benefit of others, when it is attended with injurious
-consequences for the person who discloses it, can hardly fail to
-evoke moral approval, and may be deemed a merit of the highest
-order.
-
-[Footnote 143: _Supra_, i. 303 _sqq._]
-
-The regard for truth goes a step further still. It may be
-obligatory or praiseworthy not only to spread the knowledge of
-truth, but to seek for it. The possession of knowledge, of some
-kind or other, is universally respected. A Wolof proverb says,
-"Not to know is bad, not to wish to know is worse."[144] In the
-moral and religious systems of the East knowledge is one of the
-chief pursuits of man. Confucius described virtue as consisting
-of knowledge, magnanimity, and valour.[145] The ancients, he
-says, "wishing to rectify their hearts, . . . first desired to be
-sincere in their thoughts. Wishing to be sincere in their
-thoughts, they first extended to the utmost their knowledge. Such
-extension of knowledge lay in the investigation of things."[146]
-Knowledge is to be pursued not for theoretical, but for {132}
-moral purposes; the Master said, "It is not easy to find a man
-who has learned for three years without coming to be good."[147]
-The Hindus maintain that ignorance is the greatest of evils, and
-that the sole and ultimate object of life should be to give and
-receive instruction.[148] It is said in the Laws of Manu, "A man
-is not therefore considered venerable because his head is gray;
-him who, though young, has learned the Veda, the gods consider to
-be venerable."[149] According to the Mahabharata, it is by
-knowledge that a creature is liberated, by knowledge that he
-becomes the Eternal, Imperceptible, and Undecaying.[150] Buddhism
-regards sin as folly and delusion as the cause of crime;[151]
-"the unwise man cannot discover the difference between that which
-is evil and that which is good, as a child knows not the value of
-a coin that is placed before him."[152] And the highest of all
-gifts, the source of abiding salvation, is the knowledge of the
-identity between the individual and God, in whom and by whom the
-individual lives, and moves, and has his being.[153] According to
-one of the Pahlavi texts, wisdom is better than wealth of any
-kind;[154] through the power of wisdom it is possible to do every
-duty and good work;[155] the religion of the Mazda-worshippers is
-apprehended more fully by means of the most perfect wisdom, and
-"even the struggle and warfare of Irân with foreigners, and the
-smiting of Aharman and the demons it is possible to effect
-through the power of wisdom."[156] A strong dash of
-intellectualism is a prominent feature in the Rabbinic religion.
-The highest virtue lies not only in the fulfilment but in the
-study of the law. There is a special merit bound up in it that
-will assist man both in this world and in the world to come; and
-it is said that even a bastard who is learned in {133} the law is
-more honoured than a high-priest who is not.[157] Among
-Muhammedans, also, great respect is shown to men of
-learning.[158] Knowledge, the Prophet said, "lights the way to
-Heaven"--"He dies not who gives life to learning"--"With
-knowledge the servant of God rises to the heights of goodness and
-to a noble position"--"The ink of the scholar is more holy than
-the blood of the martyr."[159]
-
-[Footnote 144: Burton, _Wit and Wisdom from West Africa_, p. 6.]
-
-[Footnote 145: _Chung Yung_, xx. 8. Douglas, _Confucianism and
-Taouism_, p. 105.]
-
-[Footnote 146: _Tâ Hsio_, 4.]
-
-[Footnote 147: _Lun Yü_, viii. 12. _Cf._ Faber, _Digest of the
-Doctrines of Confucius_, p. 60; de Lanessan, _La morale des
-philosophes chinois_, p. 27.]
-
-[Footnote 148: Percival, _Land of the Veda_, p. 263.]
-
-[Footnote 149: _Laws of Manu_, ii. 156.]
-
-[Footnote 150: Muir, _Original Sanskrit Texts_, v. 327.]
-
-[Footnote 151: Rhys Davids, _Hibbert Lectures on the History of
-Buddhism_, p. 208.]
-
-[Footnote 152: Hardy, _Manual of Budhism_, p. 505.]
-
-[Footnote 153: Rhys Davids, _op. cit._ p. 209.]
-
-[Footnote 154: _Dinâ-î Maînôg-î Khirad_, xlvii. 6.]
-
-[Footnote 155: _Ibid._ i. 54.]
-
-[Footnote 156: _Ibid._ lvii. 15 _sq._]
-
-[Footnote 157: Montefiore, _Hibbert Lectures on the Religion of
-the Ancient Hebrews_, p. 495. Deutsch, _Literary Remains_, p. 35.]
-
-[Footnote 158: Lane, _Manners and Customs of the Modern
-Egyptians_, p. 301 _sq._]
-
-[Footnote 159: Ameer Ali, _Ethics of Islâm_, pp. 47, 49.]
-
-In Christianity the knowledge of truth became a necessary
-requirement of salvation. But here, as in the East, the truth
-which alone was valued was religious truth. All knowledge that
-was not useful to salvation was, indeed, despised, and science
-was regarded not only as valueless, but as sinful.[160] "The
-wisdom of this world is foolishness with God."[161] If it
-happened that any one gave himself to letters, or lifted up his
-mind to the contemplation of the heavenly bodies, he passed
-instantly for a magician or a heretic.[162] So also every mental
-disposition which is essential to scientific research was for
-centuries stigmatised as offensive to the Almighty; it was a sin
-to doubt the opinions which had been instilled in childhood
-before they had been examined, to notice any objection to those
-opinions, to resolve to follow the light of evidence wherever it
-might lead.[163] Yet we are told, even by highly respectable
-writers, that the modern world owes its scientific spirit to the
-extreme importance which Christianity {134} assigned to the
-possession of truth, of _the_ truth.[164] According to M.
-Réville, "it was the orthodox intolerance of the Church in the
-Middle Ages which impressed on Christian society this disposition
-to seek truth at any price, of which the modern scientific spirit
-is only the application. The more importance the Church attached
-to the profession of the truth--to the extent even of considering
-involuntary error as in the highest degree a damnable crime--so
-much the more the sentiment of the immense value of this truth
-arose in the general persuasion, along with a resolve to conquer
-it wherever it was felt not to be possessed. How otherwise," M.
-Réville asks, "can we explain that science was not developed and
-has not been pursued with constancy, except in the midst of
-Christian societies?"[165] This statement is characteristic of
-the common tendency to attribute to the influence of the
-Christian religion almost anything good which may be found among
-Christian nations. But, surely, the patient and impartial search
-after hidden truth, for the sake of truth, which constitutes the
-essence of scientific research, is not congenial to, but the very
-opposite of, that ready acceptance of a revealed truth for the
-sake of eternal salvation, which was insisted upon by the Church.
-And what about that singular love of abstract knowledge which
-flourished in ancient Athens, where Aristotle declared it a
-sacred duty to prefer truth to everything else,[166] and Socrates
-sacrificed his life on its altar? It seems that the modern
-scientific spirit is only a revival and development of a mental
-disposition which was for ages suppressed by the persecuting
-tendencies of the Church and the extreme contempt for learning
-displayed by the barbarian invaders and their descendants. Even
-when they had settled in the countries which they had conquered,
-the {135} Teutons would not permit their children to be
-instructed in any science, for fear lest they should become
-effeminate and averse from war;[167] and long afterwards it was
-held that a nobleman ought not to know letters, and that to write
-and read was a shame to gentry.[168]
-
-[Footnote 160: Gibbon, _Decline and Fall of the Roman Empire_,
-ii. 185. von Eicken, _Geschichte der mittelalterlichen
-Weltanschauung_, pp. 128-130, 589 _sqq._]
-
-[Footnote 161: _1 Corinthians_, iii. 19. _Cf._ Lactantius,
-_Divines Institutiones_, iii. 3 (Migne, _Patrologiæ cursus_, vi.
-354 _sqq._); St. Augustine, _De Civitate Dei_, viii. 10 (Migne,
-xli. 234).]
-
-[Footnote 162: Chapelain, _De la lecture des vieux romans_, p.
-20. As late as the middle of the seventeenth century a powerful
-party was rising in England who said that all learning was
-unfavourable to religion, and that it was sufficient for everyone
-to be acquainted with his mother-tongue alone (Twells, _Life of
-Pocock_, p. 176). The Duke de Saint Simon, who in 1721 and 1722
-was the French ambassador in Madrid, states (_Mémoires_, xxxv.
-209) that in Spain science was a crime, and ignorance and
-stupidity the chief virtues.]
-
-[Footnote 163: Lecky, _Rationalism in Europe_, ii. 87 _sq._]
-
-[Footnote 164: Ritchie, _Natural Rights_, p. 172. _Cf._ Kuenen,
-_Hibbert Lectures on National Religions and Universal Religions_,
-p. 290.]
-
-[Footnote 165: Réville, _Prolegomena of the History of
-Religions_, p. 226.]
-
-[Footnote 166: Aristotle, _Ethica Nicomachea_, i. 6. 1. Prof.
-Ritchie argues (_op. cit._ p. 172 _sq._) that a devotion to truth
-as such was in the ancient world known only to a few
-philosophers. Prof. Fowler is probably more correct in saying
-(_Principles of Morals_, ii. 45, 220 _sq._; _Progressive
-Morality_, p. 114) that it was more common amongst the Greeks
-than amongst ourselves.]
-
-[Footnote 167: Procopius, _De bello Gothorum_, i. 2. Robertson,
-_History of the Reign of Charles V._ i. 234. Millingen, _op.
-cit._ i. 22 _sq._ n. [dagger]]
-
-[Footnote 168: Alain Chartier, quoted by Sainte-Palaye, _op.
-cit._ ii. 104. See also De la Nouë, _Discours politiques et
-militaires_, p. 238; Lyttleton, _Life of Henry II._ ii. 246 _sq._
-The ignorance of the mediæval clergy has been somewhat
-exaggerated by Robertson (_op. cit._ pp. 21, 22, 278 _sq._). Even
-in the dark ages it was not a very uncommon thing for the clergy
-to be able to read and write (Maitland, _The Dark Ages_, p. 16
-_sqq._).]
-
-The regard for knowledge springs in the first instance from the
-love of it. As Aristotle said, "all men are by nature desirous of
-knowledge."[169] But this feeling is not equally strong, nor
-equally deep, in all. The curiosity of savages, however great it
-often may be,[170] has chiefly reference to objects or events
-which immediately concern their welfare or appear to them
-alarming, or to trifles which attract attention on account of
-their novelty. If their curiosity were more penetrating, they
-would no longer remain savages; an extended desire of knowledge
-leads to civilisation. But curiosity or love of knowledge,
-whether in savage or civilised men, is not resolvable merely into
-views of utility; as Dr. Brown observed, we feel it without
-reflecting on the pleasure which we are to enjoy or the pain
-which we are to suffer.[171] When highly developed, it drives men
-to scientific investigations even though no practical benefits
-are expected from the results. This devotion to truth for its own
-sake, pure and disinterested as it is, has a singular tendency to
-excite regard and admiration in everyone who has come under its
-influence. From the utilitarian point of view it has been
-defended on {136} the ground that, on the whole, every truth is
-in the long run useful and every error harmful, and that we can
-never exactly tell in advance what benefits may accrue even from
-a knowledge which is apparently fruitless. But it seems that our
-love of truth is somewhat apt to mislead our moral judgment. When
-duly reflecting on the matter, we cannot help making a moral
-distinction between him who pursues his studies merely from an
-instinctive craving for knowledge, and him who devotes his life
-to the search of truth from a conviction that he may thereby
-promote human welfare.
-
-[Footnote 169: Aristotle, _Metaphysica_, i. 1. 1, p. 980. _Cf._
-Cicero, _De officiis_, i. 4.]
-
-[Footnote 170: Murdoch, 'Ethnological Results of the Point Barrow
-Expedition,' in _Ann. Rep. Bur. Ethn._ ix. 42 (Eskimo).
-Krasheninnikoff, _History of Kamschatka_, p. 177. Anderson,
-_Mandalay to Momien_, p. 151 (Kakhyens). Foreman, _Philippine
-Islands_, p. 188 (Tagálog natives of the North). Bock, _Head
-Hunters of Borneo_, p. 209 (Dyaks). Forbes, _A Naturalist's
-Wanderings in the Eastern Archipelago_, p. 320 (natives of
-Timor-laut). Dieffenbach, _Travels in New Zealand_, ii. 108.]
-
-[Footnote 171: Dugald Stewart, _op. cit._ ii. 336. Brown,
-_Lectures on the Philosophy of the Human Mind_, lec. 67, p. 451.]
-
-
-
-
-CHAPTER XXXII
-
-THE RESPECT FOR OTHER MEN'S HONOUR AND SELF-REGARDING
-PRIDE--POLITENESS
-
-
-THERE are many acts, forbearances, and omissions, the
-offensiveness of which mainly or exclusively springs from men's
-desire to be respected by their fellow-men and their dislike of
-being looked down upon. Foremost among these are attacks upon
-people's honour and good name. A man's honour may be defined as
-the moral worth he possesses in the eyes of the society of which
-he is a member, and it behoves other persons to acknowledge this
-worth and, especially, not to detract from it by imputing to him,
-on insufficient grounds, such behaviour as is generally
-considered degrading.
-
- The censure to which he is subject or the contempt in which he
-is held may no doubt affect his welfare in various ways, but it
-is chiefly painful as a violation of his personal dignity. Hence
-the duty of respecting a man's honour is on the whole contained
-in the more comprehensive obligation of showing deference, in
-words and deeds, for his feeling of self-regarding pride.
-
-This feeling, or at least the germ of it, is found already in
-some of the lower animals. Among "high-life" dogs, says Professor
-Romanes, "wounded sensibilities and loss of esteem are capable of
-producing much keener suffering than is mere physical pain." A
-reproachful word or look from any of his friends made a {138}
-Skye terrier miserable for a whole day; and another terrier, who
-when in good humour used to perform various tricks, was never so
-pleased as when his joke was duly appreciated, whereas "nothing
-displeased him so much as being laughed at when he did not intend
-to be ridiculous."[1] Monkeys also, according to Dr. Brehm, are
-"very sensitive to every kind of treatment they may receive, to
-love and dislike, to encouraging praise and chilling blame, to
-pleasant flattery and wounding ridicule, to caresses and
-chastisement."[2]
-
-[Footnote 1: Romanes, _Animal Intelligence_, pp. 439, 444.]
-
-[Footnote 2: Brehm, _From North Pole to Equator_, p. 299. _Cf._
-_ibid._ pp. 304-306, Brehm, _Thierleben_, i. 75, 157; Schultze,
-_Vergleichende Seelenkunde_, i. pt. i. 110; Perty, _Das
-Seelenleben der Thiere_, p. 66.]
-
-Among the savage races of men, as among civilised peoples,
-self-regarding pride is universal, and in many of them it is a
-very conspicuous trait of character.[3] The Veddah of Ceylon,
-says Mr. Nevill, "is proud in the extreme, and considers himself
-no man's inferior. Hence he is keenly sensitive to ridicule,
-contempt, and even patronage. There is nothing he dreads more
-than being laughed at as a savage, because he dislikes clothes
-and cultivation."[4] Australian aborigines are described as
-"extravagantly proud,"[5] as "vain and fond of approbation."[6]
-In Fiji "anything like a slight deeply offends a native, and is
-not soon forgotten."[7] The Negroes of Sierra Leone "possess a
-great share of pride, and are easily affected by an insult: they
-cannot hear even a harsh expression, or a raised tone of voice,
-without shewing that {139} they feel it."[8] The Araucanians,
-inhabiting parts of Chili, "are naturally fond of honourable
-distinction, and there is nothing they can endure with less
-patience than contempt or inattention."[9] The North American
-Indians, says Perrot, "ont généralement touts beaucoup de vaine
-gloire dans leurs actions bonnes ou mauvaises. . . . L'ambition
-est en un mot une des plus fortes passions qui les anime."[10]
-The Indian of British Columbia, for instance, "watches that he
-may receive his proper share of honour at festivals; he cannot
-endure to be ridiculed for even the slightest mistake; he
-carefully guards all his actions, and looks for due honour to be
-paid to him by friends, strangers, and subordinates. This
-peculiarity appears most clearly in great festivals."[11] Thus,
-in numerous instances, "persons who have been hoarding up
-property for ten, fifteen, or twenty years (at the same time
-almost starving themselves for want of clothing), have given it
-all away to make a show for a few hours, and to be thought of
-consequence."[12] Speaking of the Eskimo about Behring Strait,
-Mr. Nelson observes, "As with all savages, the Eskimo are
-extremely sensitive to ridicule and are very quick to take
-offence at real or seeming slights."[13] Among the Atkha Aleuts
-it has happened that men have committed suicide from
-disappointment at the failure of an undertaking, fearing that
-they would become the laughing-stock of the village.[14] Among
-many other savages shame or wounded pride is not uncommonly a
-cause of suicide.[15] The Hos of Chota Nagpore have a saying that
-for a wife who has been reproved by her husband {140}"nothing
-remains but the water at the bottom of the well";[16] and in New
-Zealand native women sometimes killed themselves because they had
-been rebuked for negligence in cooking or for want of care
-towards a child.[17]
-
-[Footnote 3: Dieffenbach, _Travels in New Zealand_, ii. 107;
-Colenso, _Maori Races of New Zealand_, p. 56. Crawfurd, _History
-of the Indian Archipelago_, i. 54. Raffles, _History of Java_, i.
-249. St. John, _Life in the Forests of the Far East_, ii. 323
-(Malays of Sarawak). Man, 'Aboriginal Inhabitants of the Andaman
-Islands,' in _Jour. Anthr. Inst._ xii. 94. Stewart, 'Notes on
-Northern Cachar,' in _Jour. Asiatic Soc. Bengal_, xxiv. 609
-(Nagas). Bergmann, _Nomadische Streifereien unter den Kalmüken_,
-ii. 290, 295, 296, 312. Högström, _Beskrifning öfver de til
-Sveriges Krona lydande Lapmarker_, p. 152 (Lapps). Dall,
-_Alaska_, p. 392 _sq._ (Aleuts). Brett, _Indian Tribes of
-Guiana_, p. 103.]
-
-[Footnote 4: Nevill, 'Vaeddas of Ceylon,' in _Taprobanian_, i.
-192. _Cf._ Sarasin, _Ergebnisse naturwissenschaftlicher
-Forschungen auf Ceylon_, iii. 537.]
-
-[Footnote 5: Hale, _U.S. Exploring Expedition. Vol. VI.
-Ethnography and Philology_, p. 109.]
-
-[Footnote 6: Mathew, in Curr, _The Australian Race_, iii. 155.]
-
-[Footnote 7: Williams and Calvert, _Fiji_, p. 105. _Cf._ _ibid._
-p. 103 _sq._]
-
-[Footnote 8: Winterbottom, _Native Africans in the Neighbourhood
-of Sierra Leone_, i. 211.]
-
-[Footnote 9: Molina, _History of Chili_, ii. 113.]
-
-[Footnote 10: Perrot, _Memoire sur les m[oe]urs, coustumes et
-relligion des sauvages de l'Amerique septentrionale_, p. 76.
-_Cf._ Buchanan, _Sketches of the History, Manners, and Customs of
-the North American Indians_, p. 165; Matthews, _Ethnography and
-Philology of the Hidatsa Indians_, p. 41.]
-
-[Footnote 11: Boas, in _Fifth Report on the North-Western Tribes
-of Canada_, p. 19.]
-
-[Footnote 12: Duncan, quoted by Mayne, _Four Years in British
-Columbia_, p. 295.]
-
-[Footnote 13: Nelson, 'Eskimo about Bering Strait,' in _Ann. Rep.
-Bur. Ethn._ xviii. 300.]
-
-[Footnote 14: Yakof, quoted by Petroff, _Report on Alaska_,
-p. 158. _Cf._ Dall, _op. cit._ p. 391 (Aleuts).]
-
-[Footnote 15: See _infra_, on Suicide; Lasch, 'Besitzen die
-Naturvölker ein persönliches Ehrgefühl?' in _Zeitschr. f.
-Socialwissenschaft_, iii. 837 _sqq._]
-
-[Footnote 16: Bradley-Birt, _Chota Nagpore_, p. 104. _Cf._
-Dalton, _Descriptive Ethnology of Bengal_, p. 206.]
-
-[Footnote 17: Colenso, _op. cit._ p. 57.]
-
-Like other injuries, an insult not only affects the feelings of
-the victim, but arouses sympathetic resentment in outsiders, and
-is consequently disapproved of as wrong. Among the Maoris, if
-anybody wantonly tried to hurt another's feelings, it was
-immediately repressed, and "such a person was spoken of as having
-had no parents, or, as having been born (laid) by a bird."[18] In
-the Malay Archipelago, "among some of the tribes, abusive
-language cannot with impunity be used even to a slave. Blows are
-still more intolerable, and considered such grievous affronts,
-that, by law, the person who receives them is considered
-justified in putting the offender to death."[19] The natives of
-the Tonga Islands hold no bad moral habit to be more "ridiculous,
-depraved, and unjust, than publishing the faults of one's
-acquaintances and friends . . . . ; and as to downright calumny
-or false accusation, it appears to them more horrible than
-deliberate murder does to us: for it is better, they think, to
-assassinate a man's person than to attack his reputation."[20]
-According to the customary laws of the Fantis in West Africa,
-"where a person has been found guilty of using slanderous words,
-he is bound to retract his words publicly, in addition to paying
-a small fine by way of compensation to the aggrieved party. Words
-imputing witchcraft, adultery, immoral conduct, crime, and all
-words which sound to the disreputation of a person of whom they
-are spoken are actionable."[21]
-
-[Footnote 18: _Ibid._ p. 53.]
-
-[Footnote 19: Crawfurd, _op. cit._ iii. 119 _sq._]
-
-[Footnote 20: Mariner, _Natives of the Tonga Islands_, ii. 163 _sq._]
-
-[Footnote 21: Sarbah, _Fanti Customary Laws_, p. 94.]
-
-Among the Aztecs of ancient Mexico he who wilfully calumniated
-another, thereby seriously injuring his {141} reputation, was
-condemned to have his lips cut off, and sometimes his ears also;
-whilst in Tezcuco the slanderer suffered death.[22] In the
-Chinese penal code a special book is provided for the prevention
-and punishment of opprobrious and insulting language, as "having
-naturally a tendency to produce quarrels and affrays."[23] Among
-Arabs all insulting expressions have their respective fines
-ascertained in the _[k.]ady_'s court.[24] It is said in the
-Talmud:--"Let the honour of thy neighbour be to thee like thine
-own. Rather be thrown into a fiery furnace than bring any one to
-public shame."[25]
-
-[Footnote 22: Bancroft, _Native Races of the Pacific States_,
-ii. 463.]
-
-[Footnote 23: _Ta Tsing Leu Lee_, p. 354 n.*]
-
-[Footnote 24: Burckhardt, _Notes on the Bedouins and Wahábys_,
-p. 70 _sq._]
-
-[Footnote 25: Deutsch, _Literary Remains_, p. 57.]
-
-The Roman Law of the Twelve Tables contained provisions against
-libellers,[26] and throughout the whole history of Roman law an
-attack upon honour or reputation was deemed a serious crime.[27]
-As for wrongful prosecution, which may be regarded as an
-aggravated form of defamation, the law of the later Empire
-required that any one bringing a criminal charge should bind
-himself to suffer in case of failure the penalty that he had
-endeavoured to call down upon his adversary.[28] Among Teutonic
-peoples defamatory words and libelling were already at an early
-date punished with a fine.[29] The Salic Law decrees that a
-person who calls a freeborn man a "fox" or a "hare" or a "dirty
-fellow," or says that he has thrown away his shield, must pay him
-three solidi;[30] whilst, according to one text of the same law,
-it cost 188 solidi (or nearly as much as was paid for the murder
-of a Frankish freeman)[31] to call a freeborn woman a witch or a
-harlot, in case the truth of the charge could not be proved.[32]
-{142} The oldest English laws exacted _bót_ and _wíte_ from
-persons who attacked others with abusive words.[33] In the
-thirteenth century, in almost every action before an English
-local court, the plaintiff claimed compensation not only for the
-"damage," but also for the "shame" which had been done him.[34]
-We further find that regular actions for defamation were common
-in the local courts; whereas in later days the ecclesiastical
-procedure against defamatory speech seems to have been regarded
-as the usual, if not the only, engine which could be brought to
-bear upon cases of libel and slander.[35] In England, as in Rome,
-there was a strong feeling that men should not make charges which
-they could not prove: before the Conquest a person might lose his
-tongue, or have to redeem it with his full _wer_, if he brought a
-false and scandalous accusation; and under Edward I. a statute
-decreed that if the appellee was acquitted his accuser should lie
-in prison for a year and pay damages by way of recompense for the
-imprisonment and infamy which he had brought upon the innocent.[36]
-
-[Footnote 26: _Lex Duodecim Tabularum_, viii. 1.]
-
-[Footnote 27: _Digesta_, xlvii. 10. 15. 25. _Codex Justinianus_,
-ix. 36. Hunter, _Exposition of Roman Law_, p. 1069 _sq._ Mommsen,
-_Römisches Strafrecht_, p. 794 _sq._]
-
-[Footnote 28: Günther, _Die Idee der Wiedervergeltung_, i. 141
-_sqq._ Mommsen, _op. cit._ p. 496 _sq._]
-
-[Footnote 29: Wilda, _Strafrecht der Germanen_, p. 776 _sqq._
-Nordström, _Bidrag till den svenska samhälls-författningens
-historia_, ii. 293 _sqq._ Stemann, _Den danske Retshistorie
-indtil Christian V.'s Lov_, p. 686 _sq._ Brunner, _Deutsche
-Rechtsgeschichte_, ii. 672 _sqq._]
-
-[Footnote 30: _Lex Salica_, xxx. 4, 5, 2; Hessel's edition, col.
-181 _sqq._]
-
-[Footnote 31: _Ibid._ xv. col. 91 _sqq._]
-
-[Footnote 32: _Ibid._ lxvii. 2, col. 403.]
-
-[Footnote 33: _Laws of Hlothhaere and Eadric_, 11.]
-
-[Footnote 34: Pollock and Maitland, _History of English Law till
-the Time of Edward I._ ii. 537.]
-
-[Footnote 35: _Ibid._ ii. 538. Stephen, _History of the Criminal
-Law of England_, ii. 409.]
-
-[Footnote 36: Pollock and Maitland, _op. cit._ ii. 539.]
-
-The condemnation of an insult is greatly influenced by the
-_status_ of, or the relations between, the parties concerned.
-Among the Goajiro Indians of Colombia a poor man may be insulted
-with impunity, when the same treatment to a rich man would cause
-certain bloodshed.[37] In Nias an affront is punished with a
-fine, which varies according to the rank of the parties.[38] The
-Chinese penal code lays down that a person who is guilty of
-addressing abusive language to his or her father or mother, or
-father's parents, or a wife who rails at her husband's parents or
-grandparents, shall be strangled;[39] and the same punishment is
-prescribed for a slave who abuses his master.[40] {143} According
-to the Laws of Manu, a Kshatriya shall be fined one hundred
-_panas_ for defaming a Brâhmana, a Vaisya shall be fined one
-hundred and fifty or two hundred _panas_, and a Sûdra shall
-suffer corporal punishment; whereas a Brâhmana shall pay only
-fifty _panas_ for defaming a Kshatriya, twenty-five for defaming
-a Vaisya, and twelve for defaming a Sûdra.[41] In ancient
-Teutonic law the fines for insulting behaviour were graduated
-according to the rank of the person offended.[42] The
-starting-point of the Roman law was that an _injuria_--which was
-pre-eminently an affront to the dignity of the person--could not
-be done to a slave as such, only to the master through the medium
-of his slave;[43] and even in later times, in the case of
-trifling injuries, such as mere verbal insults, the master had no
-action, unless by leave of the Praetor, or unless the insult were
-meant for the master himself.[44] These and similar variations
-spring from the same causes as do corresponding variations in the
-case of other injuries dealt with above. But there are also
-special reasons why social superiority or inferiority influences
-moral opinions concerning offences against persons self-regarding
-pride. The respect due to a man is closely connected with his
-station, and in the case of defamation the injury suffered by the
-loss of honour or reputation is naturally proportionate to the
-esteem in which the offended party is held. At the same time the
-harmfulness of an insult also depends upon the reputation of the
-person who offers it. According to the Gotlands Lag, one of the
-ancient provincial laws of Sweden, a slave can not only be
-insulted with impunity, but has himself to pay no fine for
-insulting another person[45]--obviously because he was too
-degraded a being to be able to detract from anybody's honour or
-good name.
-
-[Footnote 37: Simons, 'Exploration of the Goajira Peninsula,' in
-_Proceed. Roy. Geo. Soc._ N.S. vii. 786.]
-
-[Footnote 38: von Rosenberg, _Der malayische Archipel_, p. 167.]
-
-[Footnote 39: _Ta Tsing Leu Lee_, sec. cccxxix. p. 357.]
-
-[Footnote 40: _Ibid._ sec. cccxxvii. p. 356.]
-
-[Footnote 41: _Laws of Manu_, viii. 267 _sq._ _Cf._ _Gautama_,
-xii. 8 _sqq._ It is also said that "a once-born man (a Sûdra),
-who insults a twice-born man with gross invective, shall have his
-tongue cut out; for he is of low origin" (_ibid._ viii. 270. See
-also _Institutes of Vishnu_, v. 23; _Gautama_, xii. 1;
-_Âpastamba_, ii. 10. 27. 14).]
-
-[Footnote 42: Keyser, _Efterladte Skrifter_, ii. pt. i. 295.]
-
-[Footnote 43: Hunter, _Exposition of Roman Law_, p. 164. Mommsen,
-_Römisches Strafrecht_, p. 786, n. 3.]
-
-[Footnote 44: _Digesta_, xlvii. 10. 15. 35. Hunter, _op. cit._
-p. 165.]
-
-[Footnote 45: _Gotlands-Lagen_, i. 19. 37.]
-
-{144} The condemnation of such conduct as is offensive to other
-persons' self-regarding pride includes condemnation of pride
-itself, when displayed in an excessive degree; whereas the
-opposite disposition--modesty--which implies regard for other
-people's "self-feeling," is praised as a virtue. The Fijians say
-of a boasting person, "You are like the _kaka_ (parrot); you only
-speak to shout your own name."[46] On the other hand, among the
-Tonga Islanders "a modest opinion of oneself is esteemed a great
-virtue, and is also put in practice."[47] Confucius taught that
-humility belongs to the characteristics of a superior man.[48]
-Such a man, he said, is modest in his speech, though he exceeds
-in his actions;[49] he has dignified ease without pride, whereas
-the mean man has pride without a dignified ease;[50] he prefers
-the concealment of his virtue, when it daily becomes more
-illustrious, whereas the mean man seeks notoriety when he daily
-goes more and more to ruin.[51] So also humility has a
-distinguished place in the teachings of Lao-tsze:--"I have three
-precious things which I hold fast and prize, namely, compassion,
-economy, and humility"; "He who knows the glory, and at the same
-time keeps to shame, will be the whole world's valley . . . ,
-eternal virtue will fill him, and he will return home to
-Taou."[52] In the Book of the Dead the soul of the ancient
-Egyptian pleads, "I am not swollen with pride."[53] According to
-Zoroastrianism, the sin of pride has been created by Ahriman.[54]
-Overbearingness was censured in ancient Scandinavia,[55]
-Greece,[56] and Rome. During our prosperity, says Cicero, "we
-ought with great care to {145} avoid pride and arrogance."[57]
-The Hebrew prophets condemned not only pride but eminence,
-because an eminent man is apt to be proud.[58] We read in the
-Talmud:--"He who humiliates himself will be lifted up; he who
-raises himself up will be humiliated. Whosoever runs after
-greatness, greatness runs away from him; he who runs from
-greatness, greatness follows him."[59] Christianity enjoined
-humility as a cardinal duty in every man.[60] In the Koran it is
-said, "God loves not him who is proud, and boastful."[61] Pride
-has thus come to be stigmatised not only as a vice, but as a sin
-of great magnitude. One reason for this is that it is regarded as
-even more offensive to the "self-feeling" of a great god or the
-Supreme Being than it is to that of a man. But pride must also
-appear as irreligious arrogance to those who maintain that man is
-by nature altogether corrupt, and that everything good in him is
-a gift of God.[62]
-
-[Footnote 46: Williams and Calvert, _op. cit._ p. 107.]
-
-[Footnote 47: Mariner, _op. cit._ ii. 164.]
-
-[Footnote 48: _Lun Yü_, v. 15. _Chung Yung_, xxvii. 7.]
-
-[Footnote 49: _Lun Yü_, xiv. 29.]
-
-[Footnote 50: _Ibid._ xiii. 26. _Cf._ _ibid._ xx. 2. 1.]
-
-[Footnote 51: _Chung Yung_, xxxiii. 1.]
-
-[Footnote 52: Douglas, _Confucianism and Taouism_, p. 194 _sq._
-_Tâo Teh King_, xxviii. 1.]
-
-[Footnote 53: _Book of the Dead_, ch. 125, p. 216. _Cf._
-Amélineau, _Essai sur l'évolution des idées morales dans l'Égypt
-Ancienne_, p. 353.]
-
-[Footnote 54: _Vendîdâd_, i. 11.]
-
-[Footnote 55: Maurer, _Die Bekehrung des Norwegischen Stammes
-zum Christenthume_, ii. 150.]
-
-[Footnote 56: Schmidt, _Die Ethik der alten Griechen_, i. 253.
-Hermann, _Lehrbuch der Griechischen Antiquitäten_, ii. pt. i. 34
-_sq._ Blümner, _Ueber die Idee des Schicksals in den Tragödien
-des Aischylos_, p. 131.]
-
-[Footnote 57: Cicero, _De officiis_, i. 26.]
-
-[Footnote 58: _Cf._ Kuenen, _Religion of Israel_, i. 62
-_sq._]
-
-[Footnote 59: Deutsch, _Literary Remains_, p. 58.]
-
-[Footnote 60: _St. Matthew_, v. 11, 12, 39; vi. 25, 26, 30
-_sqq._; xviii. 4; &c.]
-
-[Footnote 61: _Koran_, iv. 40. _Cf._ Ameer Ali, _Ethics of
-Islâm_, p. 44.]
-
-[Footnote 62: Manzoni, _Osservazioni sulla morale cattolica_, p.
-182 _sqq._]
-
-At the same time, whilst pride is held blamable, humility may
-also go too far to be approved of, and may even be an object of
-censure. In early ethics, as we have noticed above, revenge is
-enjoined as a duty and forgiveness of enemies is despised; and
-this is the case not only among savages.[63] The device of
-Chivalry was, "It is better to die than to be avenged by
-shame";[64] and side by side with the nominal acceptance of the
-Christian doctrine of absolute placability the idea still
-prevails, in many European countries, that an assault upon honour
-shall be followed by a challenge to mortal combat. Too great
-humility is regarded as a sign of weakness, cowardice, hypocrisy,
-or a defective sense of honour. We are not allowed to be
-indifferent to the estimation in which we are held by our
-neighbours. Such indifference springs either from a feeble moral
-constitution and absence of moral shame, or from {146} a
-depreciation of other people's opinions in comparison with our
-own, and this is offensive to their _amour-propre_. Outward
-humility may thus suggest inward pride and appear arrogant.
-
-[Footnote 63: _Supra_, i. 73 _sq._]
-
-[Footnote 64: Laurent, _Études sur l'histoire de l'Humanité_,
-vii. 184.]
-
-A person's "self-feeling" may be violated in innumerable ways, by
-words and deeds. Almost any deviation from what is usual may
-arouse a suspicion of arrogance. This largely accounts for the
-fact mentioned in a previous chapter that habits have a tendency
-to become true customs, that is, rules of duty. Transgressions of
-the established forms of social intercourse are particularly apt
-to be offensive to people's self-regarding pride. Many of these
-forms originated in a desire to please, but by becoming habitual
-they at the same time became obligatory. Politeness is a duty
-rather than a virtue.
-
-There is probably no people on earth which does not recognise
-some rules of politeness. Many savages are conspicuous for their
-civility.[65] It has been observed that Christian missionaries
-working among uncivilised races often are in manners much
-inferior to those they are teaching, and thus lower the native
-standard of refinement.[66] The Samoans, we are told, "are a
-nation of gentlemen," and contrast most favourably with the
-generality of Europeans who come amongst them.[67] On their first
-intercourse with Europeans, the Maoris "always manifest a degree
-of politeness which would do honour to a more civilised people";
-but by continued intercourse they lose a great part of this
-characteristic.[68] Among the Fijians "the rules of politeness
-are minute, and receive scrupulous attention. They affect the
-language, and are seen in forms of salutation, in attention to
-strangers, at meals, in dress, and, indeed, influence their
-manners in-doors and {147} out. None but the very lowest are
-ill-behaved, and their confusion on committing themselves shows
-that they are not impudently so."[69] The Malagasy "are a very
-polite people, and look with contempt upon those who neglect the
-ordinary usages and salutations";[70] "even the most ragged and
-tattered slave possesses a natural dignity and ease of manner,
-which contrasts favourably with the rude conduct and boorish
-manners of the lower class at home."[71] Of the Point Barrow
-Eskimo Mr. Murdoch observes that "many of them show a grace of
-manner and a natural delicacy and politeness which is quite
-surprising"; and he mentions the instance of a young Eskimo being
-so polite in conversing with an American officer that "he would
-take pains to mispronounce his words in the same way as the
-latter did, so as not to hurt his feelings by correcting him
-bluntly."[72] The forms of Kafir politeness "are very strictly
-adhered to, and are many."[73] Of the Negroes of Fida Bosman
-wrote, "They are so civil to each other and the inferior so
-respectful to the superior, that at first I was very much
-surprised at it."[74] Monrad found the Negroes of Accra surpass
-many civilised people in politeness.[75] So also in Morocco even
-country-folks are much more civil in their general behaviour than
-the large majority of Europeans. "The conversations of the
-Arabs," says d'Arvieux, "are full of civilities; one never hears
-anything there that they think rude and unbecoming."[76]
-Politeness is a characteristic of all the great nations of the
-East. The Chinese have brought the practice of it "to a pitch of
-perfection which is not only unknown in Western lands, but,
-previous to experience, is unthought of and almost unimaginable.
-The rules of ceremony, we are reminded in the Classics, are three
-{148} hundred, and the rules of behaviour three thousand."[77] In
-Europe courtesy was recommended as the most amiable of knightly
-qualities; and from "the wild and overstrained courtesies of
-Chivalry" has been derived our present system of manners.[78]
-
-[Footnote 65: Waitz-Gerland, _Anthropologie der Naturvölker_, vi.
-143 _sqq._ (Polynesians). Macdonald, _Oceania_, p. 195 (Efatese).
-Cranz, _History of Greenland_, i. 157. MacGregor, 'Lagos,
-Abeokuta and the Alake,' in _Jour. African Soc._ July, 1904,
-p. 466 (Yorubas).]
-
-[Footnote 66: Brenchley, _Jottings during the Cruise of H.M.S.
-'Curaçoa' among the South Sea Islands_, p. 349.]
-
-[Footnote 67: Hood, _Cruise in H.M.S. 'Fawn' in the Western
-Pacific_, p. 59 _sq._]
-
-[Footnote 68: Dieffenbach, _op. cit._ ii. 108 _sqq._ See also
-Colenso, _op. cit._ p. 53 _sqq._]
-
-[Footnote 69: Williams and Calvert, _op. cit._ p. 129. _Cf._
-_ibid._ pp. 128, 131 _sq._; Anderson, _Notes of Travel in Fiji_,
-p. 135.]
-
-[Footnote 70: Sibree, _The Great African Island_, p. 325.]
-
-[Footnote 71: Little, _Madagascar_, p. 71.]
-
-[Footnote 72: Murdoch, 'Ethn. Results of the Point Barrow
-Expedition,' in _Ann. Rep. Bur. Ethn._ ix. 42.]
-
-[Footnote 73: Leslie, _Among the Zulus and Amatongas_, p. 203.]
-
-[Footnote 74: Bosman, _Description of the Coast of Guinea_,
-p. 317.]
-
-[Footnote 75: Monrad, _Skildring af Guinea-Kysten_, p. 9.]
-
-[Footnote 76: d'Arvieux, _Travels in Arabia the Desart_, p. 141.]
-
-[Footnote 77: Smith, _Chinese Characteristics_, p. 35.]
-
-[Footnote 78: _Ordre of Chyualry_, fol. 46. Robertson, _History
-of the Reign of Charles V._ i. 84. Milman, _History of Latin
-Christianity_, iv. 211. Turner, _History of England_, iii. 473.
-Mills, _History of Chivalry_, i. 161 _sq._ Scott, 'Essay on
-Chivalry,' in _Miscellaneous Prose Works_, vi. 58.]
-
-The rules of politeness and good manners refer to all sorts of
-social intercourse and vary indefinitely in detail. They tell
-people how to sit or stand in each other's presence, or how to
-pass through a door; a Zulu would be fined for going out of a hut
-back first.[79] They prescribe how to behave at a meal; the
-Indians of British Columbia consider it improper to talk on such
-an occasion,[80] and it appears that in England also, in the
-fifteenth century, "people did not hold conversation while
-eating, but that the talk and mirth began with the liquor."[81]
-Politeness demands that a person should never interrupt another
-while speaking;[82] or that he should avoid contradicting a
-statement;[83] or, not infrequently, that he should rather tell a
-pleasant untruth than an unpleasant truth.[84] At times it
-requires the use of certain phrases, words of thanks, flattery,
-or expressions of self-humiliation. In Chinese there is "a whole
-vocabulary of words which are indispensable to one who wishes to
-pose as a 'polite' person, words in which whatever belongs to the
-speaker is treated with scorn and contempt, and whatever relates
-to the person addressed is honourable. The 'polite' Chinese will
-refer to his wife, if driven to the extremity of referring {149}
-to her at all, as his 'dull thorn,' or in some similar elegant
-figure of speech."[85]
-
-[Footnote 79: Tyler, _Forty Years among the Zulus_, p. 190 _sq._]
-
-[Footnote 80: Woldt, _Kaptein Jacobsens Reiser til Nordamerikas
-Nordvestkyst_, p. 99.]
-
-[Footnote 81: Wright, _Domestic Manners and Sentiments in England
-during the Middle Ages_, p. 396.]
-
-[Footnote 82: Domenech, _Seven Years Residence in the Great
-Deserts of North America_, ii. 72. Richardson, _Arctic Searching
-Expedition_, i. 385 (Kutchin). Cranz, _History of Greenland_, i.
-157. Dobrizhoffer, _Account of the Abipones_, ii. 136 _sq._
-d'Arvieux, _op. cit._ p. 139 _sq._; Wallin, _Reseanteckningar
-från Orienten_, iii. 259 (Bedouins).]
-
-[Footnote 83: Nansen, _First Crossing of Greenland_, ii. 334
-_sq._; Cranz, _op. cit._ i. 157 (Greenlanders). Dobrizhofifer,
-_op. cit._ ii. 137 (Abipones). d'Arvieux, _op. cit._ p. 141
-(Bedouins).]
-
-[Footnote 84: _Supra_, ii. 111.]
-
-[Footnote 85: Smith, _Chinese Characteristics_, p. 274.]
-
-Politeness enjoins the performance of certain ceremonies upon
-persons who meet or part. The custom of salutation is of
-world-wide prevalence, though there are certain savages who are
-said to have no greetings except when they have learnt the
-practice from the whites.[86] As a ceremony prescribed by public
-opinion it is an obligatory tribute paid to another person's
-"self-feeling," whatever be the original nature of the act which
-has been adopted for the purpose. The form of salutation has
-sometimes been borrowed from questions springing from curiosity
-or suspicion. Among the Californian Miwok, when anybody meets a
-stranger he generally salutes him, "Whence do you come? What are
-you at?"[87] The Abipones "would think it quite contrary to the
-laws of good-breeding, were they to meet any one and not ask him
-where he was going";[88] and a similar question is also a very
-common mode of greeting among the Berbers of Southern Morocco.
-Very frequently a salutation consists of some phrase which is
-expressive of goodwill. It may be an inquiry about the other
-person's health or welfare, as the English "How are you?" "How do
-you do?" Among the Burmese two relatives or friends who meet
-begin a conversation by the expressions, "Are you well? I am
-well," if they have been some time separated; whereas those who
-are daily accustomed to meet say, "Where are you going?"[89] The
-Moors ask, "What is your news?" or, "Is nothing wrong?" The
-ordinary salutation of the Zulus is, "I see you, are you well?"
-after which the snuffbox, the token of friendship, is passed
-round.[90] Among several tribes of California, again, a person
-when greeting another {150} simply utters a word which means
-"friendship."[91] The goodwill is often directly expressed in the
-form of a wish, like our "Good day!" "Good night!" Among the
-Hebrews the salutation at meeting or entering another's house
-seems at first to have consisted most commonly in an inquiry
-after mutual welfare,[92] but in later times "Health!" or "Peace
-to thee!" became the current greeting.[93] According to the Laws
-of Manu, a Brâhmana should be saluted, "May thou be long-lived, O
-gentle one!"[94] The Greeks said [Greek: chai=re] ("Be joyful!");
-the Romans, _Salve!_ ("Be in health!") especially on meeting, and
-_Vale!_ ("Be well!") on parting. The good wish may have the form
-of a prayer. The Moors say, "May God give thee peace!" "May God
-give thee a good night!" and the English "Good-bye" and the
-French _Adieu_ are prayers curtailed by the progress of time. But
-there is no foundation for Professor Wundt's assertion that "the
-words employed in greeting are one and all prayer formulæ in a
-more or less rudimentary state."[95] A salutation may, finally,
-be a verbal profession of subjection, as the Swedish "Ödmjukaste
-tjänare," that is, (I am your) "most humble servant."
-
-[Footnote 86: Krasheninnikoff, _History of Kamschatka_, p. 177.
-Dall, _op. cit._ p. 397 (Aleuts). Egede, _Description of
-Greenland_, p. 125; Rink, _Danish Greenland_, p. 223; Cranz, _op.
-cit._ i. 157 (Greenlanders). Prescott, in Schoolcraft, _Indian
-Tribes of the United States_, iii. 244 (Dacotahs). Lewin, _Wild
-Races of South-Eastern India_, pp. 230 (Kumi), 256 (Kukis).]
-
-[Footnote 87: Powers, _Tribes of California_, p. 347.]
-
-[Footnote 88: Dobrizhoffer, _op. cit._ ii. 138.]
-
-[Footnote 89: Forbes, _British Burma_, p. 69.]
-
-[Footnote 90: Tyler, _op. cit._ p. 190.]
-
-[Footnote 91: Powers, _op. cit._ p. 58.]
-
-[Footnote 92: _Genesis_, xliii. 27. _Exodus_, xviii. 7.]
-
-[Footnote 93: _Judges_, xix. 20. _1 Chronicles_, xii. 18. _Cf._
-Keil, _Manual of Biblical Archæology_, ii. 183.]
-
-[Footnote 94: _Laws of Manu_, ii. 125.]
-
-[Footnote 95: Wundt, _Ethik_, p. 179.]
-
-Salutations may consist not only in words spoken, but in
-conventional gestures, either accompanied by some verbal
-expression or performed silently.[96] They may be tokens of
-submission or reverence, as cowering, crouching, and bowing. Or
-they may originally have been signs of disarming or
-defencelessness, as uncovering some particular portion of the
-body. Von Jhering suggests that the offering of the hand belongs
-to the same group of salutations, its object being to indicate
-that the other person has nothing to fear;[97] but in many cases
-at least handshaking seems to have the same origin as other
-ceremonies consisting {151} in bodily contact. Salutatory
-gestures may express not only absence of evil intentions but
-positive friendliness; among respectable Moors it is a common
-mode of greeting that each party places his right hand on his
-heart to indicate, as Jackson puts it, "that part to be the
-residence of the friend."[98] Various forms of salutation by
-contact, such as clasping, embracing, kissing, and sniffing, are
-obviously direct expressions of affection;[99] and we can hardly
-doubt that the joining of hands serves a similar object when we
-find it combined with other tokens of goodwill. Among some of the
-Australian natives, friends, on meeting after an absence, "will
-kiss, shake hands, and sometimes cry over one another."[100] In
-Morocco equals salute each other by joining their hands with a
-quick motion, separating them immediately, and kissing each his
-own hand. The Soolimas, again, place the palms of the right hands
-together, carry them then to the forehead, and from thence to the
-left side of the chest.[101] But bodily union is also employed as
-a method of transferring either blessings or conditional curses,
-and it seems probable that certain salutatory acts have vaguely
-or distinctly such transference in view. Among the Masai, who
-spit on each other both when they meet and when they part,
-spitting "expresses the greatest goodwill and the best of
-wishes";[102] and in a previous chapter I have endeavoured to
-show that the object of certain reception ceremonies is to
-transfer a conditional curse to the stranger who is received as a
-guest.[103] On the same principle as underlies these ceremonies,
-handshaking may be a means of joining in compact, analogous to a
-common meal[104] and the blood-covenant.[105]
-
-[Footnote 96: See Tylor, 'Salutations,' in _Encyclopædia
-Britannica_, xxi. 235 _sqq._; Ling Roth, 'Salutations,' in _Jour.
-Anthr. Inst._ xix. 166 _sqq._]
-
-[Footnote 97: von Jhering, _Der Zweck im Recht_, ii. 649 _sqq._]
-
-[Footnote 98: Jackson, _Account of Timbuctoo, &c._ p. 235.]
-
-[Footnote 99: See _infra_, on the Origin and Development of the
-Altruistic Sentiment.]
-
-[Footnote 100: Hackett, 'Ballardong or Ballerdokking Tribe,' in
-Curr, _The Australian Race_, i. 343.]
-
-[Footnote 101: Laing, _Travels in the Timannee, Kooranko, and
-Soolima Countries_, p. 368.]
-
-[Footnote 102: Thomson, _Through Masai Land_, p. 166.]
-
-[Footnote 103: _Supra_, i. 590 _sq._]
-
-[Footnote 104: _Supra_, i. 587.]
-
-[Footnote 105: See _infra_, on the Origin and Development of the
-Altruistic Sentiment.]
-
-Being an homage rendered to other persons self-regarding {152}
-pride, the rule of politeness is naturally most exacting in
-relation to superiors. Many of its forms have, in fact,
-originated in humble or respectful behaviour towards rulers,
-masters, or elders, and, often in a modified shape, become common
-between equals after they have lost their original meaning.[106]
-It has been noticed that the cruelty of despots always engenders
-politeness, whereas the freest nations are generally the rudest
-in manners.[107] Politeness is further in a special degree shown
-by men to women, not only among ourselves, but even among many
-savages;[108] in this case courtesy is connected with courtship.
-Strangers or remote acquaintances, also, have particular claims
-to be treated with civility, whereas politeness is of little
-moment in the intercourse of friends; it imitates kindness, and
-is resorted to where the genuine feeling is wanting.[109] And in
-the capacity of guest, the stranger is often for the time being
-flattered with exquisite marks of honour, for reasons which have
-been stated in another connection.
-
-[Footnote 106: See Spencer, _Principles of Sociology_, ii.
-'Ceremonial Institutions,' _passim_.]
-
-[Footnote 107: Johnston, _Uganda_, ii. 685.]
-
-[Footnote 108: Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur
-Ethn._ iii. 270. Chanler, _Through Jungle and Desert_, p. 485
-(Wakamba). See also _supra_, i. ch. xxvi.]
-
-[Footnote 109: _Cf._ Tucker, _Light of Nature_, ii. 599 _sqq._;
-Joubert, _Pensées_, i. 243.]
-
-
-
-
-CHAPTER XXXIII
-
-REGARD FOR OTHER PERSONS' HAPPINESS IN GENERAL--GRATITUDE--PATRIOTISM
-AND COSMOPOLITANISM
-
-
-IN previous chapters we have dealt with moral ideas concerning
-various modes of conduct which have reference to other men's
-welfare--to their life or bodily comfort, their liberty,
-property, knowledge of truth, or self-regarding pride. But the
-list of duties which we owe to our fellow-creatures is as yet by
-no means complete. Any act, forbearance, or omission, which in
-some way or other diminishes or increases their happiness may on
-that account become a subject of moral blame or praise, being apt
-to call forth sympathetic retributive emotions.
-
-To do good to others is a rule which has been inculcated by all
-the great teachers of morality. According to Confucius,
-benevolence is the root of righteousness and a leading
-characteristic of perfect virtue.[1] In the Taouist 'Book of
-Secret Blessings' men are enjoined to be compassionate and
-loving, and to devote their wealth to the good of their
-fellow-men.[2] The moralists of ancient India teach that we
-should with our life, means, understanding, and speech, seek to
-advance the welfare of other creatures in this world; that we
-should do so without expecting reciprocity; and that we should
-enjoy the prosperity of others even though ourselves unprosperous.[3]
-The writers {154} of classical antiquity repeatedly give expression
-to the idea that man is not born for himself alone, but should assist
-his fellow-men to the best of his ability.[4] In the Old
-Testament we meet with the injunction, "Thou shalt love thy
-neighbour as thyself";[5] and this was declared by Christ to be
-of equal importance with the commandment, "Thou shalt love the
-Lord thy God."[6]
-
-[Footnote 1: _Lun Yü_, xvii. 6. Douglas, _Confucianism and
-Taouism_, p. 108.]
-
-[Footnote 2: Douglas, _op. cit._ p. 272 _sq._]
-
-[Footnote 3: Muir, _Religious and Moral Sentiments rendered from
-Sanskrit Writers_, p. 107 _sq._ Monier Williams, _Indian Wisdom_,
-p. 448.]
-
-[Footnote 4: Schmidt, _Die Ethik der alten Griechen_, ii. 275
-_sqq._]
-
-[Footnote 5: _Leviticus_, xix. 18.]
-
-[Footnote 6: _St. Matthew_, xxii. 39.]
-
-To a reflecting mind it is obvious that the moral value of
-beneficence exclusively lies in the benevolent motive, and that
-there is nothing praiseworthy in promoting the happiness of
-others from selfish considerations. Confucius taught that self
-must be conquered before a man can be perfectly virtuous.[7]
-According to Lao-tsze, self-abnegation is the cardinal rule for
-both the sovereign and the people.[8] Self-denial is the chief
-demand of the Gospel, and is emphasised as a supreme duty by
-Islam.[9] Generally speaking, the merit attached to a good action
-is proportionate to the self-denial which it costs the agent.
-This follows from the nature of moral approval in its capacity of
-a retributive emotion, as is proved by the fact that the degree
-of gratitude felt towards a benefactor is in a similar way
-influenced by the deprivation to which he subjects himself. On
-the other hand, there is considerable variety of opinion, even
-among ourselves, as to the dictates of duty, in cases where our
-own interests conflict with those of our fellow-men. To Professor
-Sidgwick it is a moral axiom that "I ought not to prefer my own
-lesser good to the greater good of another."[10] According to
-Hutcheson, we do not condemn those as evil who will not sacrifice
-their private interest to the advancement of the positive good of
-others, "unless the private interest be very small, and the
-publick good very great."[11]
-
-[Footnote 7: _Lun Yü_, xii. i. 1.]
-
-[Footnote 8: Douglas, _Confucianism and Taouism_, p. 192.]
-
-[Footnote 9: Ameer Ali, _Ethics of Islâm_, p. 32.]
-
-[Footnote 10: Sidgwick, _Methods of Ethics_, p. 383.]
-
-[Footnote 11: Hutcheson, _Essay on the Nature and Conduct of the
-Passions, &c._ p. 312.]
-
-The idea that it is bad to cause harm to others and {155} good or
-obligatory to promote their happiness, is in different ways
-influenced by the relationship between the parties; and to many
-cases it does not apply at all. We have previously noticed that
-according to early ethics an enemy is a proper object of hatred,
-not of love;[12] and according to more advanced ideas a person
-who treats us badly has at all events little claim upon our
-kindness. The very opposite is the case with a benefactor or
-friend. To requite a benefit, or to be grateful to him who
-bestows it, is probably everywhere, at least under certain
-circumstances, regarded as a duty. This is a subject which in the
-present connection calls for special consideration.
-
-[Footnote 12: _Supra_, i. p. 73 _sq._]
-
-The duty of gratefulness presupposes a disposition for
-gratitude.[13] According to travellers' accounts, this feeling is
-lacking in many uncivilised races.[14] Lyon writes of the Eskimo
-of Igloolik:--"Gratitude is not only rare, but absolutely unknown
-amongst them, either by action, word, or look, beyond the first
-outcry of satisfaction. Nursing their sick, burying the dead,
-clothing and feeding the whole tribe, furnishing the men with
-weapons, and the women and children with ornaments, are
-insufficient to awaken a grateful feeling, and the very people
-who relieved their distresses when starving are laughed at in
-time of plenty for the quantity and quality of the food which was
-bestowed in charity."[15] Various other tribes in {156} North
-America have been accused of ingratitude;[16] and of some South
-American savages we are told that they evinced no thankfulness
-for the presents which were given them.[17] The Fijians are
-described as utterly indifferent to their benefactors. The Rev.
-Th. Williams writes:--"If one of them, when sick, obtained
-medicine from me, he thought me bound to give him food; the
-reception of food he considered as giving him a claim on me for
-covering; and, that being secured, he deemed himself at liberty
-to beg anything he wanted, and abuse me if I refused his
-unreasonable request."[18] Mr. Lumholtz had a similar experience
-with regard to the natives of Herbert River, Northern
-Queensland:--"If you give one thing to a black man, he finds ten
-other things to ask for, and he is not ashamed to ask for all
-that you have, and more too. He is never satisfied. Gratitude
-does not exist in his breast."[19] In several languages there is
-no word expressive of what we term gratitude or no phrase
-corresponding to our "thank you";[20] and on this fact much
-stress has been {157} laid, the deficiency of language being
-regarded as an indication of a corresponding deficiency in feelings.
-
-[Footnote 13: For the definition of gratitude, see _supra_, i. 93.]
-
-[Footnote 14:  Steller, _Beschreibung von Kamischatka_, p. 292.
-Bergmann, _Nomadische Streifereien unter den Kalmüken_, ii. 310,
-316. Foreman, _Philippine Islands_, p. 183. Modigliani, _Viaggio
-a Nías_, p. 467. Selenka, _Sonnige Welten_, p. 286 (Malays).
-Marsden, _History of Sumatra_, p. 207 (Malays of Sumatra).
-Forbes, _A Naturalist's Wanderings in the Eastern Archipelago_,
-p. 320 (natives of Timor-laut). Mrs. Forbes, _Insulinde_, p. 178
-(natives of Ritabel). Hagen, _Unter den Papua's_, p. 266 (Papuans
-of Bogadjim). Romilly, _Western Pacific and New Guinea_, p. 239.
-La Pérouse, _Voyage round the World_, ii. 109 (Samoans). Colenso,
-_Maori Races of New Zealand_, p. 48; Dieffenbach, _Travels in New
-Zealand_, ii. 110. Ling Roth, _Aborigines of Tasmania_, p. 63.
-Gason, 'Manners and Customs of the Dieyerie Tribe,' in Woods,
-_Native Tribes of South Australia_, p. 258. Baker, _Albert
-N'yanza_, i. 242 (Latukas), 289 (Negroes), von François, _Nama
-und Damara_, p. 191 (Herero).]
-
-[Footnote 15: Lyon, _Private Journal during the Voyage of
-Discovery under Captain Parry_, p. 348 _sq._ See also Parry,
-_Journal of a Second Voyage for the Discovery of a North-West
-Passage_, p. 524 _sq._]
-
-[Footnote 16: Cranz, _History of Greenland_, i. 174. Sarytschew,
-'Voyage of Discovery to the North-East of Siberia,' in
-_Collection of Modern Voyages_, vi. 78 (Aleuts). Harmon, _Voyages
-and Travels in the Interior of North America_, p. 291
-(Tacullies). Heriot, _Travels through the Canadas_, p. 319.
-Lafitau, _M[oe]urs des sauvages ameriquains_, i. 106. Burton,
-_City of the Saints_, p. 125 (Sioux and prairie tribes generally).]
-
-[Footnote 17: von Spix and von Martius, _Travels in Brazil_, ii.
-228, 241 _sq._ (Coroados). Stokes, quoted by King and Fitzroy,
-_Voyages of the 'Adventure' and 'Beagle,'_ i. 77 (Fuegians).]
-
-[Footnote 18: Williams and Calvert, _Fiji_, p. 111. See also
-Anderson, _Notes of Travel in Fiji and New Caledonia_,
-pp. 124, 131.]
-
-[Footnote 19: Lumholtz, _Among Cannibals_, p. 100.]
-
-[Footnote 20: Southey, _History of Brazil_, iii. 399 (Abipones,
-Guaranies). Hearne, _Journey to the Northern Ocean_, p. 307
-(Northern Indians). Lewin, _Wild Races of South-Eastern India_,
-p. 192 (Toungtha). Foreman, _op. cit._ p. 182 _sq._ (Bisayans).
-Modigliani, _Viaggio a Nías_, p. 467. Ling Roth, _Natives of
-Sarawak_, i. 74 (Dyaks). Chalmers, _Pioneering in New Guinea_,
-p. 187; Romilly, _Western Pacific and New Guinea_, p. 239 _sq._
-(However, Mr Romilly's statement that "in all the known New
-Guinea languages there is not even a word for 'thank you,'" is
-not quite correct, as appears from Chalmers _op. cit._ p. 187.)
-Wilson, _Missionary Voyage to the Southern Pacific Ocean_,
-p. 365; Waitz-Gerland, _Anthropologie der Naturvölker_, vi. 116
-(Tahitians). Colenso, _op. cit._ p. 48 (Maoris). New, _Life and
-Labours in Eastern Africa_, p. 100 (Wanika). von François, _op.
-cit._ p. 191 (Herero). In the Vedic language, also, there was no
-word for "thanks" (Oldenberg, _Die Religion des Veda_, p. 305);
-and many Eastern languages of the present day lack an equivalent
-for "thank you" (Ward, _View of the History, &c. of the Hindoos_,
-ii. 81, n. _a_.; Pool, _Studies in Muhammedanism_, p. 176; Polak,
-_Persien_, i. 9). When one of the missionaries in India was
-engaged in the translation of the Scriptures into Bengali, he
-found no common word in that language suitable to express the
-idea of gratitude (Wilkins, _Modern Hinduism_, p. 397).]
-
-Here again we must distinguish between a traveller's actual
-experience and the conclusions which he draws from it; and it
-seems that in many cases our authorities have been too ready to
-charge savages with a total lack of grateful feelings, because
-they have been wanting in gratitude on certain occasions. It is
-too much to expect that a savage should show himself thankful to
-any stranger who gives him a present. Speaking of the Ahts of
-British Columbia, Mr Sproat remarks that the Indian's suspicion
-prevents a ready gratitude, as he is prone to see, in apparent
-kindness extended to him, some under-current of selfish motive.
-"He is accustomed, among his own people, to gifts made for
-purposes of guile, and also to presents made merely to show the
-greatness and richness of the giver; but, I imagine," our author
-adds, "when the Aht ceases to suspect such motives--when he does
-not detect pride, craft, or carelessness--he is grateful, and
-probably grateful in proportion to the trouble taken to serve
-him."[21] As for the ingratitude of the Northern Queensland
-natives, Mr. Lumholtz himself admits that "they assume that the
-gift is bestowed out of fear";[22] and of the New Zealanders we
-are told that their total want of gratitude was particularly due
-to the fact that "no New Zealander ever did any kindness, or gave
-anything, to another, without mainly having an eye to himself in
-the transaction."[23] Moreover, gratitude often requires not only
-the absence of a selfish motive in the benefactor, but some
-degree of self-sacrifice. "A person," says Mr. Sproat, "may keep
-an Indian from starving all the winter through, yet, when summer
-comes, very likely he will not walk a yard for his preserver
-without payment. The savage does not, in this instance, {158}
-recognise any obligation; but thinks that a person who had so
-much more than he could himself consume might well, and without
-any claim for after services, part with some of it for the
-advantage of another in want."[24] Mr. Powers makes a similar
-observation with reference to the aborigines of California:--"White
-men," he says, "who have had dealings with Indians, in
-conversation with me have often bitterly accused them of
-ingratitude. 'Do everything in your power for an Indian,' they
-say, 'and he will accept it all as a matter of course; but for
-the slightest service you require of him he will demand pay.'
-These men do not enter into the Indian's ideas. This
-'ingratitude' is really an unconscious compliment to our power.
-The savage feels, vaguely, the unapproachable elevation on which
-the American stands above him. He feels that we had much and he
-had little, and we took away from him even his little. In his
-view giving does not impoverish us, nor withholding enrich us.
-Gratitude is a sentiment not in place between master and slave;
-it is a sentiment for equals. The Indians are grateful to one
-another."[25] Nor are men very apt to feel grateful for benefits
-to which they consider themselves to have a right. Thus,
-according to Mr. Howitt, the want of gratitude among the South
-Australian Kurnai for kindnesses shown them by the whites is due
-to the principle of community, which is so strong a feature of
-the domestic and social life of these aborigines. "For a supply
-of food, or for nursing when sick, the Kurnai would not feel
-grateful to his family group. There would be a common obligation
-upon all to share food, and to afford personal aid and succour.
-This principle would also come into play as regards the simple
-personal property they possess, and would extend to the
-before-unknown articles procured from the whites. The food, the
-clothes, the medical attendance which the Kurnai receive from the
-whites, they take in the accustomed manner; and, in addition to
-{159} this, we must remember that the donors are regarded as
-having unlimited resources. They cannot be supposed by the Kurnai
-to be doing anything but giving out of their abundance."[26] Mr.
-Guppy found the same principle at work among the Solomon
-Islanders:--"Often when during my excursions I have come upon
-some man who was preparing a meal for himself and his family, I
-have been surprised at the open-handed way in which he dispensed
-the food to my party of hungry natives. No gratitude was shown
-towards the giver, who apparently expected none."[27] It has also
-been observed that the want of gratitude with which Arabs have
-often been charged by Europeans has arisen "from the very common
-practice of hospitality and generosity, and from the prevailing
-opinion that these virtues are absolute duties which it would be
-disgraceful and sinful to neglect."[28]
-
-[Footnote 21: Sproat, _Scenes and Studies of Savage Life_,
-p. 165 _sq._]
-
-[Footnote 22: Lumholtz, _Among Cannibals_, p. 159.]
-
-[Footnote 23: Colenso, _op. cit._ p. 48.]
-
-[Footnote 24: Sproat, _op. cit._ p. 165 _sq._]
-
-[Footnote 25: Powers, _Tribes of California_, p. 411.]
-
-[Footnote 26: Fison and Howitt, _Kamilaroi and Kurnai_, p. 257.]
-
-[Footnote 27: Guppy, _Solomon Islands_, p. 127.]
-
-[Footnote 28: Lane, _Manners and Customs of the Modern
-Egyptians_, p. 298. See also Burton, _Pilgrimage to Al-Madinah
-and Meccah_, i. 51.]
-
-We should further remember that savages often take care not to
-display their emotions. Among the Melanesians, according to Dr.
-Codrington, "it is not the custom to say anything by way of
-thanks; it is rather improper to show emotion when anything is
-given, or when friends meet again; silence with the eyes cast
-down is the sign of the inward trembling or shyness which they
-feel, or think they ought to feel, under these circumstances.
-There is no lack of a word which may be fairly translated
-'thank'; and certainly no one who has given cause for it will say
-that Melanesians have no gratitude; others probably are ready
-enough to say it."[29] Of the North American Chippewas Major
-Strickland writes:--"If an Indian makes a present, it is always
-expected that one equally valuable should be given in return. No
-matter what you give them, or how valuable or rich the present,
-they seldom betray the least emotion or appearance of gratitude,
-it being considered beneath the dignity of a red man to betray
-his feelings. For all this seeming indifference, {160} they are
-in reality as grateful, and, I believe, even more so than our own
-peasantry."[30] The Aleuts also, although they are chary of
-expressions of thanks, "do not forget kindness, and endeavour to
-express their thankfulness by deeds. If anyone assists an Aleut,
-and afterwards offends him, he does not forget the former favour,
-and in his mind it often cancels the offence."[31] From the want
-of a word for a feeling we must not conclude that the feeling
-itself is wanting. Mr. Sproat observes:--"The Ahts have, it is
-true, no word for gratitude, but a defect in language does not
-absolutely imply defect in heart; and the Indian who, in return
-for a benefit received, says, with glistening eyes, that his
-heart is good towards his benefactor, expresses his gratitude
-quite as well perhaps as the English man who says 'Thank you.'"[32]
-
-[Footnote 29: Codrington, _Melanesians_, p. 354.]
-
-[Footnote 30: Strickland, _Twenty-seven Years in Canada West_,
-ii. 58.]
-
-[Footnote 31: Veniaminof, quoted by Dall, _Alaska_, p. 395.]
-
-[Footnote 32: Sproat, _op. cit._ p. 165. See also Ling Roth,
-_Natives of Sarawak_, i. 74 (Dyaks).]
-
-It is not surprising, then, that in various cases a people which
-to one traveller appears to be quite destitute of gratitude is by
-another described as being by no means lacking in this
-feeling;[33] and sometimes contradictory statements are made even
-by the same writer. Thus Mr. Lumholtz, who gives such a gloomy
-picture of the character of the Northern Queensland natives,
-nevertheless tells us of a native who, though himself very
-hungry, threw the animals which the traveller had shot for him to
-an old man--his wife's uncle--whom they met, in order to give
-some proof of the gratitude he owed the person from whom he had
-received his wife;[34] and regarding the Fijians Mr. Williams
-himself states that thanks for presents "are always expressed
-aloud, and generally with a kind wish for the giver."[35] As we
-have noticed before, retributive kindly emotions, of which
-gratitude is only the most developed form, are commonly found
-among gregarious animals, social affection being not only a
-friendly {161} sentiment towards another individual, but towards
-an individual who is conceived of as a friend.[36] And it is all
-the more difficult to believe in the absolute want of gratitude
-in some savage races, as the majority of them--to judge from my
-collection of facts--are expressly acquitted of such a defect,
-and several are described as remarkably grateful for benefits
-bestowed upon them.
-
-[Footnote 33: _E.g._, the Fuegians, Sioux, Ahts, Aleuts,
-Kamchadales, Tasmanians, Zulus (see _supra_ and _infra_).]
-
-[Footnote 34: Lumholtz, _Among Cannibals_, p. 221.]
-
-[Footnote 35: Williams and Calvert, _op. cit._ p. 132.]
-
-[Footnote 36: _Supra_, i. 94.]
-
-The Fuegians use the word _chapakouta_, which means glad,
-satisfied, affectionate, grateful, to express thanks.[37] Jemmy
-Button, the young Fuegian who was brought to England on board the
-_Beagle_, gave proofs of sincere gratitude;[38] and Admiral
-Fitzroy also mentions a Patagonian boy who appeared thankful for
-kindness shown to him.[39] Of the Mapuchés of Chili Mr. E. R.
-Smith observes:--"Whatever present is made, or favour conferred,
-is considered as something to be returned; and the Indian never
-fails, though months and years may intervene, to repay what he
-conscientiously thinks an exact equivalent for the thing
-received."[40] The Botocudos do not readily forget kind
-treatment;[41] and the Tupis "were a grateful race, and
-remembered that they had received gifts, after the giver had
-forgotten it."[42] The Guiana Indians "are grateful for any
-kindness."[43] The Navahos of New Mexico have a word for thanks,
-and employ it on all occasions which we would consider
-appropriate.[44] The Sioux "evinced the warmest gratitude to any
-who had ever displayed kind feelings towards them."[45] In his
-'Voyages from Montreal to the Frozen and Pacific Oceans,'
-Mackenzie mentions the gratitude shown him by a young Indian whom
-he had cured of a bad wound. When well enough to engage in a
-hunting party, the young man brought to his physician the tongue
-of an elk, and when they parted both he and his relatives
-expressed the heartiest acknowledgment for the care bestowed on
-him.[46] If an Aleut receives a gift he accepts it, saying _Akh!_
-which means "thanks."[47] Some of the Point Barrow Eskimo visited
-by Mr. Murdoch "seem to feel truly {162} grateful for the
-benefits and gifts received, and endeavoured by their general
-behaviour, as well as in more substantial ways, to make some
-adequate return"; whereas others appeared to think only of what
-they might receive.[48]
-
-[Footnote 37: Hyades and Deniker, _Mission scientifique du Cap
-Horn_, vii. 314.]
-
-[Footnote 38: King and Fitzroy, _op. cit._ ii. 327.]
-
-[Footnote 39: _Ibid._ ii. 173.]
-
-[Footnote 40: Smith, _Araucanians_, p. 258.]
-
-[Footnote 41: Wied-Neuwied, _Reise nach Brasilien_, ii. 16.]
-
-[Footnote 42: Southey, _op. cit._ i. 247.]
-
-[Footnote 43: Im Thurn, _Among the Indians of Guiana_, p. 213.]
-
-[Footnote 44: Matthews, 'Study of Ethics among the Lower Races,'
-in _Journal of American Folk-Lore_, xii. 9.]
-
-[Footnote 45: Eastman, _Dacotah_, p. ix.]
-
-[Footnote 46: Mackenzie, _Voyages from Montreal to the Frozen and
-Pacific Oceans_, p. 137 _sq._]
-
-[Footnote 47: Veniaminof, quoted by Dall, _op. cit._ p. 395.]
-
-[Footnote 48: Murdoch, 'Ethnol. Results of the Point Barrow
-Expedition,' in _Ann. Rep. Bur. Ethn._ ix. 42. See also Seemann,
-_Voyage of 'Herald,'_ ii. 67 (Western Eskimo).]
-
-Of the Tunguses it is said, "If you make them a present, they
-hardly thank you; but though so unpolite, they are exceedingly
-grateful."[49] The Jakuts never forget a benefit received; "for
-they not only make restitution, but recommend to their offspring
-the ties of friendship and gratitude to their benefactors."[50]
-The Veddah of Ceylon is described as very grateful for attention
-or assistance.[51] "A little kindly sympathy makes him an
-attached friend, and for his friend . . . . he will readily give
-his life."[52] Mr. Bennett once had an interview with two village
-Veddahs, and on that occasion gave them presents. Two months
-after a couple of elephant's tusks found their way into his front
-verandah at night, but the Veddahs who had brought them never
-gave him an opportunity to reward them. "What a lesson in
-gratitude and delicacy," he exclaims, "even a Veddah may teach!"[53]
-
-[Footnote 49: Georgi, _Russia_, iii. 111.]
-
-[Footnote 50: Sauer, _Expedition to the Northern Parts of Russia,
-performed by Billings_, p. 124.]
-
-[Footnote 51: Tennent, _Ceylon_, ii. 445. Sarasin, _Forschungen auf
-Ceylon_, iii. 546.]
-
-[Footnote 52: Nevill, 'Vaeddas of Ceylon,' in _Taprobanian_, i. 192.]
-
-[Footnote 53: Pridham, _Account of Ceylon_, i. 460 _sq._]
-
-The Alfura of Halmahera,[54] the Bataks of Sumatra,[55] and the
-Dyaks of Borneo[56] are praised for their grateful disposition of
-mind. Of the Hill Dyaks Mr. Low observes that gratitude
-"eminently adorns the character of these simple people, and the
-smallest benefit conferred upon them calls forth its vigorous and
-continued exercise."[57] The Motu people of New Guinea are
-"capable of appreciating kindness,"[58] and have words for
-expressing thanks.[59] Chamisso speaks highly of the gratitude
-evinced by the natives of Ulea, Caroline Islands:--"Any thing, a
-useful instrument, for example, which they have received as a
-gift from a friend, retains and bears among them as a lasting
-memorial the name of the friend who bestowed it."[60] When
-Professor Moseley at Dentrecasteaux Island, of the Admiralty
-Group, gave a hatchet as pay to his guide, according {163} to
-promise, the guide seemed grateful, and presented him with his
-own shell adze in return.[61] Though the Tahitians never return
-thanks nor seem to have a word in their language expressive of
-gratitude, they are not devoid of the feeling itself.[62]
-Backhouse tells us of a Tasmanian native who, having been nursed
-through an illness, showed many demonstrations of gratitude; and
-he adds that this virtue was often exhibited among these
-people--a statement which is corroborated by the accounts of
-other travellers.[63] Of the Australian aborigines Mr. Ridley
-writes:--"I believe they are as a people remarkably susceptible
-of impressions from kind treatment. They recognised me as one who
-sought their good, and were evidently pleased and thankful to see
-that I thought them worth looking after."[64] The Adelaide and
-Encounter Bay blacks are said to display attachment to persons
-who are kind to them.[65] Speaking of the Central Australian
-tribes, Messrs. Spencer and Gillen observe that, though they are
-not in the habit of showing anything like excessive gratitude on
-receiving gifts from the white man, they are in reality by no
-means incapable of that feeling;[66] and other writers report
-instances of gratitude displayed by natives of West Australia[67]
-and Queensland.[68]
-
-[Footnote 54: Kükenthal, _Forschungsreise in den Molukken und
-Borneo_, i. 188.]
-
-[Footnote 55: Junghuhn, _Die Battaländer auf Sumatra_, ii. 239.]
-
-[Footnote 56: Ling Roth, _Natives of Sarawak_, i. 74, 76.]
-
-[Footnote 57: Low, _Sarawak_, p. 246.]
-
-[Footnote 58: Stone, _A Few Months in New Guinea_, p. 95.]
-
-[Footnote 59: Chalmers, _Pioneering in New Guinea_, p. 187.]
-
-[Footnote 60: von Kotzebue, _Voyage of Discovery into the South
-Sea_, iii. 214.]
-
-[Footnote 61: Moseley, 'Inhabitants of the Admiralty Islands,' in
-_Jour. Anthr. Inst._ vi. 416.]
-
-[Footnote 62: Waitz-Gerland, _op. cit._ vi. 116.]
-
-[Footnote 63: Ling Roth, _Aborigines of Tasmania_, pp. 47, 62, 64.]
-
-[Footnote 64: Ridley, _Aborigines of Australia_, p. 24. See also
-_ibid._ p. 20 _sqq._]
-
-[Footnote 65: Wyatt, 'Manners and Superstitions of the Adelaide
-and Encounter Bay Aboriginal Tribes,' in Woods, _Native Tribes of
-South Australia_, p. 162.]
-
-[Footnote 66: Spencer and Gillen, _Native Tribes of Central
-Australia_, p. 48 _sqq._]
-
-[Footnote 67: Salvado, _Mémoires historiques sur l'Australie_,
-p. 146.]
-
-[Footnote 68: Fraser, _Aborigines of New South Wales_, p. 44.]
-
-Concerning the people of Madagascar the missionary Ellis
-writes:--"Whether the noble and generous feeling of gratitude has
-much place amongst the Malagasy has been questioned. Though often
-characterised by extreme apathy, they are certainly susceptible
-of tenderness of feeling, and their customs furnish various modes
-of testifying their sense of any acts of kindness shewn them, and
-their language contains many forms of speech expressive of
-thankfulness. The following are among those in most general use:
-'May you live to grow old--may you live long--may you live
-sacred--may you see, or obtain, justice from the sovereign.'"
-Moreover, with all their expressions of thankfulness,
-considerable action is used: sometimes the two hands are extended
-open as if to make a present; or the party stoops down to the
-ground, and clasps the legs, or touches the knee and the feet of
-the person he is thanking.[69] Ingratitude, {164} again, is
-expressed by many strong metaphors, such as "son of a
-thunderbolt," or "offspring of a wild boar."[70] The Bushmans,
-according to Burchell, are not incapable of gratitude.[71] The
-statement made by certain travellers or colonists that the Zulus
-are devoid of this feeling, is contradicted by Mr. Tyler, who
-asserts that "many instances might be related in which a thankful
-spirit has been manifested, and gifts bestowed for favours
-received."[72] The Basutos have words to express gratitude.[73]
-Among the Bakongo, says Mr. Ward, "evidences of gratitude are
-rare indeed, although occasionally one meets with this sentiment
-in odd guises. Once, by a happy chance, I saved a baby's life.
-The child was brought to me by its mother in convulsions, and I
-was fortunate enough to find in my medicine chest a drug that
-effected an almost immediate cure. Yet the service I rendered to
-this woman, instead of meeting with any appreciation, only
-procured for me the whispered reputation of being a witch." But
-twenty months afterwards, at midnight when all the people were
-sleeping, the same woman came to Mr. Ward and gave him some
-fowl's eggs in payment. "I come," she said, "in the darkness that
-my people may not know, for they would jeer at me if they knew of
-this gift."[74] A traveller tells us that the inhabitants of
-Great Benin "if given any trifles expressed their thanks."[75]
-Writing on the natives of Accra, Monrad states that gratitude is
-among the virtues of the Negroes, and induces them even to give
-their lives in return for benefits conferred on them.[76] The
-Feloops, bordering on the Gambia, "display the utmost gratitude
-and affection towards their benefactors."[77] As regards the
-Eastern Central Africans, Mr. Macdonald affirms without any
-hesitation that they have gratitude, "even though we define
-gratitude as being much more than an 'acute sense of favours to
-come.'"[78] The Masai and Wadshagga have "a curious habit of
-spitting on things or people as a compliment or sign of
-gratitude"[79]--originally, I presume, with a view to
-transferring to them a blessing. The Barea are said to be
-thankful for benefits.[80] According to Palgrave, "gratitude is
-no {165} less an Arab than a European virtue, whatever the
-ignorance or the prejudices of some foreigners may have affirmed
-to the contrary";[81] and Burckhardt says that an Arab never
-forgets the generosity shown to him even by an enemy.[82]
-
-[Footnote 69: Ellis, _History of Madagascar_, i. 258. See also
-Rochon, _Voyage to Madagascar_, p. 56.]
-
-[Footnote 70: Ellis, _op. cit._ i. 139 _sq._]
-
-[Footnote 71: Burchell, _Travels in the Interior of Southern
-Africa_, ii. 68, 86, 447.]
-
-[Footnote 72: Tyler, _Forty Years among the Zulus_, p. 194.]
-
-[Footnote 73: Casalis, _Basutos_, p. 306.]
-
-[Footnote 74: Ward, _Five Years with the Congo Cannibals_, p. 47
-_sqq._]
-
-[Footnote 75: Punch, quoted by Ling Roth, _Great Benin_, p. 45.]
-
-[Footnote 76: Monrad, _Skildring af Guinea-Kysten_, p. 8.]
-
-[Footnote 77: Mungo Park, _Travels in the Interior of Africa_,
-p. 14.]
-
-[Footnote 78: Macdonald, _Africana_, i. 10.]
-
-[Footnote 79: Johnston, _Kilima-njaro Expedition_, p. 438.]
-
-[Footnote 80: Munzinger, _Ostafrikanische Studien_, p. 533.]
-
-[Footnote 81: Palgrave, quoted in Spencer's _Descriptive
-Sociology_, 'Asiatic Races,' p. 31.]
-
-[Footnote 82: Burckhardt, _Notes on the Bedouins and Wahábys_,
-p. 105.]
-
-In other statements gratitude is directly represented as an
-object of praise, or its absence as an object of disapproval.
-Among the Atkha Aleuts, according to Father Yakof, gratitude to
-benefactors was considered a virtue.[83] Among the Omahas, if a
-man receives a favour and does not manifest his thankfulness, the
-people exclaim:--"He does not appreciate the gift! He has no
-manners."[84] The Kamchadales "are not only grateful for favours,
-but they think it absolutely necessary to make some return for a
-present."[85] The Chinese say that "kindness is more binding than
-a loan."[86] According to the 'Divine Panorama,' a well-known
-Taouist work, those who forget kindness and are guilty of
-ingratitude shall be tormented after death and "shall not escape
-one jot of their punishments."[87] In one of the Pahlavi texts
-gratitude is represented as a means of arriving at heaven, whilst
-ingratitude is stigmatised as a heinous sin;[88] and according to
-Ammian ungrateful persons were even punished by law in ancient
-Persia.[89] The same, we are told, was the case in Macedonia.[90]
-The duty of gratitude was strongly inculcated by Greek and Roman
-moralists.[91] Aristotle observes that we ought, as a general
-rule, rather to return a kindness to our benefactor than to
-confer a gratuitous favour upon a brother in arms, just as we
-ought rather to repay a loan to a creditor than to spend the same
-sum upon a present to a friend.[92] According to {166} Xenophon
-the requital of benefits is enjoined by a divine law.[93] "There
-is no duty more indispensable than that of returning a kindness,"
-says Cicero; "all men detest one forgetful of a benefit."[94]
-Seneca calls ingratitude a most odious vice, which it is difficult
-to punish by law, but which we refer for judgment to the gods.[95]
-The ancient Scandinavians considered it dishonourable for a man to
-kill even an enemy in blood-revenge if he had received a benefit
-from him.[96]
-
-[Footnote 83: Yakof, quoted by Petroff, _Report on the
-Population, &c. of Alaska_, p. 158.]
-
-[Footnote 84: Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur.
-Ethn._ iii. 270.]
-
-[Footnote 85: Dobell, _Travels in Kamtschatka_, i. 75.]
-
-[Footnote 86: Davis, _China_, ii. 123.]
-
-[Footnote 87:  Giles, _Strange Stories from a Chinese Studio_,
-ii. 374 _sq._ See also _Thâi-Shang_, 4.]
-
-[Footnote 88: _Dînâ-î Maînôg-î Khirad_, xxxvi. 28; xxxvii. 6;
-xliii. 9.]
-
-[Footnote 89: Ammianus Marcellinus, xxiii. 6. 81.]
-
-[Footnote 90: Seneca, _De beneficiis_, iii. 6. 2.]
-
-[Footnote 91: See Schmidt, _Die Ethik der alten Griechen_, ii.
-305 _sqq._]
-
-[Footnote 92: Aristotle, _Ethica Nicomachea_, x. 2. 3.]
-
-[Footnote 93: Xenophon, _Memorabilia_, iv. 4. 24.]
-
-[Footnote 94: Cicero, _De officiis_, i. 15 (47); ii. 18 (63).]
-
-[Footnote 95: Seneca, _De beneficiis_, iii. 6. 1 _sq._]
-
-[Footnote 96: Maurer, _Die Bekehrung des Norwegischen Stammes_,
-ii. 174.]
-
-We may assume that among beings capable of feeling moral emotions
-the general disposition to be kind to a benefactor will
-inevitably lead to the notion that ungrateful behaviour is wrong.
-Such behaviour is offensive to the benefactor; as Spinoza
-observes, "he who has conferred a benefit on anyone from motives
-of love or honour will feel pain, if he sees that the benefit is
-received without gratitude."[97] This by itself tends to evoke in
-the bystander sympathetic resentment towards the offender; but
-his resentment is much increased by the retributive kindliness
-which he is apt to feel, sympathetically, towards the benefactor.
-He wants to see the latter's kindness rewarded; and he is shocked
-by the absence of a similar desire in the very person who may be
-naturally expected to feel it more strongly than anybody else**.
-
-[Footnote 97: Spinoza, _Ethica_, iii. 42. A Japanese proverb says
-that "thankless labour brings fatigue" (Reed, _Japan_, ii. 109).]
-
-The moral ideas concerning conduct which affects other persons'
-welfare vary according as the parties are members of the same or
-different families, or of the same or different communities. For
-reasons which have been stated in previous chapters parents have
-in this respect special duties towards their children, and
-children towards their parents; and a tribesman or a
-fellow-countryman has claims which are not shared by a foreigner.
-But there are duties not only to particular individuals, but also
-to {167} whole social aggregates. Foremost among these is the
-duty of patriotism.
-
-The duty of patriotism is rooted in the patriotic sentiment, in a
-person's love of the social body of which he is himself a member,
-and which is attached to the territory he calls his country. It
-involves a desire to promote its welfare, a wish that it may
-prosper for the time being and for all future. This desire is the
-outcome of a variety of sentiments: of men's affection for the
-people among whom they live, of attachment to the places where
-they have grown up or spent part of their lives, of devotion to
-their race and language, and to the traditions, customs, laws,
-and institutions of the society in which they were born and to
-which they belong.
-
-Genuine patriotism presupposes a power of abstraction which the
-lower savages can hardly be supposed to possess. But it seems to
-be far from unknown among uncultured peoples of a higher type.
-North American Indians are praised for their truly patriotic
-spirit, for their strong attachment to their tribe and their
-country.[98] Carver says of the Naudowessies:--"The honour of
-their tribe, and the welfare of their nation, is the first and
-most predominant emotion of their hearts; and from hence proceed
-in a great measure all their virtues and their vices. Actuated by
-this, they brave every danger, endure the most exquisite
-torments, and expire triumphing in their fortitude, not as a
-personal qualification, but as a national characteristic."[99]
-Patriotism and public spirit were often strongly manifested by
-the Tahitians.[100] The Maori "loves his country and the rights
-of his ancestors, and he will fight for his children's
-land."[101] Of the Guanches of Teneriffe we are told that
-patriotism was {168} their chief virtue.[102] The same quality
-distinguishes the Yorubas of West Africa; "no race of men," says
-Mr. MacGregor, "could be more devoted to their country."[103]
-Burckhardt writes:--"As to the attachment which a Bedouin
-entertains for his own tribe, the deep-felt interest he takes in
-its power and fame, and the sacrifices of every kind he is ready
-to make for its prosperity--these are feelings rarely operating
-with equal force in any other nation; and it is with an exulting
-pride of conscious patriotism, not inferior to any which ennobled
-the history of Grecian or Helvetian republics, that an Aeneze,
-should he be suddenly attacked, seizes his lance, and waving it
-over his head exclaims, 'I am an Aeneze.'"[104]
-
-[Footnote 98: Adair, _History of the American Indians_, p. 378
-_sq._ Heriot, _Travels through the Canadas_, p. 317. Loskiel,
-_History of the Mission of the United Brethren among the
-Indians_, i. 17 (Iroquois).]
-
-[Footnote 99: Carver, _Travels through the Interior Parts of
-North America_, p. 412.]
-
-[Footnote 100: Ellis, _Polynesian Researches_, i. 128.]
-
-[Footnote 101: Angas, _Savage Life and Scenes in Australia and
-New Zealand_, i. 338. See also Travers, 'Life and Times of Te
-Rauparaha,' in _Trans. and Proceed. New Zealand Institute_,
-v. 22.]
-
-[Footnote 102: Bory de St. Vincent, _Essais sur les Isles
-Fortunées_, p. 70.]
-
-[Footnote 103: MacGregor, 'Lagos, Abeokuta, and the Alake,' in
-_Jour. African Soc._ 1904, p. 466.]
-
-[Footnote 104: Burckhardt, _Notes on the Bedouins and Wahábys_,
-p. 205.]
-
-Many of the elements out of which patriotism proper has grown are
-clearly distinguishable among savages, even the very lowest. We
-have previously noticed the savage's attachment to members of his
-own community or tribe. Combined with this is his love of his
-native place, and of the mode of life to which he is habituated.
-There is a touching illustration of this feeling in the behaviour
-of the wild boy who had been found in the woods near
-Aveyron--where he had spent most part of his young life in
-perfect isolation from all human beings--when he, after being
-removed to Paris, was once taken back to the country, to the vale
-of Montmorence. Joy was painted in his eyes, in all the motions
-and postures of his body, at the view of the hills and the woods
-of the charming valley; he appeared more than ever restless and
-savage, and "in spite of the most assiduous attention that was
-paid to his wishes, and the most affectionate regard that was
-expressed for him, he seemed to be occupied only with an anxious
-desire of taking his flight."[105] How much greater must not the
-love of home be in him who has there his relatives and friends!
-Mr. Howitt tells us of {169} an Australian native who, on leaving
-his camp with him for a trip of about a week, burst into tears,
-saying to himself once and again, "My country, my people, I shall
-not see them."[106] The Veddahs of Ceylon "would exchange their
-wild forest life for none other, and it was with the utmost
-difficulty that they could be induced to quit even for a short
-time their favourite solitude."[107] The Stiêns of Cambodia are
-so strongly attached to their forests and mountains that to leave
-them seems almost like death.[108] Solomon Islanders not seldom
-die from home-sickness on their way to the Fiji or Queensland
-plantations.[109] The Hovas of Madagascar, when setting out on a
-journey, often take with them a small portion of their native
-earth, on which they gaze during their absence, invoking their
-god that they may be permitted to return to restore it to the
-place from which it was taken.[110] Mr. Crawfurd observes that in
-the Malay Archipelago the attachment to the native spot is
-strongest with the agricultural tribes;[111] but, though a
-settled life is naturally most favourable to its development,
-this feeling is not inconsistent with nomadism. The Nishinam, who
-are the most nomadic of all the Californian tribes, have very
-great attachment for the valley or flat which they count their
-home.[112]
-
-[Footnote 105: Itard, _Account of the Discovery and Education of
-a Savage Man_, p. 70 _sqq._]
-
-[Footnote 106: Brough Smyth, _Aborigines of Victoria_, ii. 305.]
-
-[Footnote 107: Hartshorne, 'Weddas,' in _Indian Antiquary_,
-viii. 317.]
-
-[Footnote 108: Mouhot, _Travels in the Central Parts of
-Indo-China_, i. 243.]
-
-[Footnote 109: Guppy, _op. cit._ p. 167.]
-
-[Footnote 110: Ellis, _History of Madagascar_, i. 141.]
-
-[Footnote 111: Crawfurd, _History of the Indian Archipelago_,
-i. 84.]
-
-[Footnote 112: Powers, _op. cit._ p. 318 _sq._ For other
-instances of love of home among uncivilised races see von Spix
-and von Martius, _op. cit._ ii. 242, note (Coroados); von
-Kotzebue, _op. cit._ iii. 45 (Indians of California); Gibbs,
-_Tribes of Western Washington and North-Western Oregon_, p. 187;
-Elliott, _Report of the Seal Islands of Alaska_, p. 240; Hooper,
-_Ten Months among the Tents of the Tuski_, p. 209; von Siebold,
-_Aino auf der Insel Yesso_, p. 11; Mallat, _Les Philippines_, ii.
-95 (Negritos); von Brenner, _Besuch bei den Kannibalen Sumatras_,
-p. 194 (Bataks); Earl, _Papuans_, p. 126 (natives of Rotti, near
-Timor); Ling Roth, _Aborigines of Tasmania_, p. 46; Dieffenbach,
-_Travels in New Zealand_, ii. 174; Cumming, _In the Himalayas_,
-p. 404 (Paharis); Lane, _Manners and Customs of the Modern
-Egyptians_, p. 302 (Bedawees); Tristram, _Great Sahara_, p. 193
-_sq._ (Beni M'zab); Burton, _Zanzibar_, ii. 96 (Wanika); _Emin
-Pasha in Central Africa_, p. 315 (Monbuttu); Andersson, _Lake
-Ngami_, p. 198 (Ovambo); Rowley, _Africa Unveiled_, p. 63 _sq._
-(Kroos of the Grain Coast below Liberia); Price, 'Quissama
-Tribe,' in _Jour. Anthr. Inst._ i. 187.]
-
-{170} Moreover, as we have noticed above, savages have the
-greatest regard for their native customs and institutions.[113]
-Many of them have displayed that love of national independence
-which gives to patriotism its highest fervour.[114] And among
-some uncivilised peoples, at least, the force of racial and
-linguistic unity shows itself even outside the social or
-political unit. Burckhardt observes that the Bedouins are not
-only solicitous for the honour of their own respective tribes,
-but consider the interests of all other tribes as more or less
-attached to their own, and frequently evince a general _esprit de
-corps_, lamenting "the losses of any of their tribes occasioned
-by attacks from settlers or foreign troops, even though at war
-with those tribes."[115] A Tongan "loves the island on which he
-was born, in particular, and all the Tonga islands generally, as
-being one country, and speaking one language."[116] Travellers
-have noticed how gratifying it is, when visiting an uncultured
-people, to know a little of their language; there is at once a
-sympathetic link between the native and the stranger.[117] Even
-the almost inaccessible Berber of the Great Atlas, in spite of
-his excessive hatred of the European, will at once give you a
-kindly glance as soon as you, to his astonishment, utter to him a
-few words in his own tongue.
-
-[Footnote 113: See _supra_, i. 118 _sq._]
-
-[Footnote 114: _Cf._ Dobrizhoffer, _Account of the Abipones_, ii.
-95, 105; Lomonaco, 'Sulle razze indigene del Brasile,' in
-_Archivio per l'antropologia e la etnologia_, xix. 57 (Tupis);
-Brett, _Indian Tribes of Guiana_, p. 348; Schoolcraft, _Indian
-Tribes of the United States_, iii. 189 (Iroquois); Nansen,
-_Eskimo Life_, p. 323 (Greenlanders); Macpherson, _Memorials of
-Service in India_, p. 81 (Kandhs); Sarasin, _op. cit._ iii. 530
-(Veddahs); Casati, _Ten Years in Equatoria_, i. 188, 304 (Negroes
-of Central Africa); Fritsch, _Die Eingeborenen Süd-Afrika's_, p.
-422 _sq._ (Bushmans).]
-
-[Footnote 115: Burckhardt, _Bedouins and Wahábys_, p. 205.]
-
-[Footnote 116: Mariner, _Natives of the Tonga Islands_, ii. 156.]
-
-[Footnote 117: See Stokes, _Discoveries in Australia_, ii. 25.]
-
-Like other species of the altruistic sentiment, patriotism is apt
-to overestimate the qualities of the object for which it is felt;
-and it does so all the more readily as love of one's country is
-almost inseparably intermingled with love of one's self. The
-ordinary, typical patriot has a strong will to believe that his
-nation is the best. If, as many {171} people nowadays seem to
-maintain, such a will to believe is an essential characteristic
-of true patriotism, savages are as good patriots as anybody. In
-their intercourse with white men they have often with
-astonishment noticed the arrogant air of superiority adopted by
-the latter; in their own opinion they are themselves vastly
-superior to the whites. According to Eskimo beliefs, the first
-man, though made by the Great Being, was a failure, and was
-consequently cast aside and called _kob-lu-na_, which means
-"white man"; but a second attempt of the Great Being resulted in
-the formation of a perfect man, and he was called _in-nu_, the
-name which the Eskimo give to themselves.[118] Australian
-natives, on being asked to work, have often replied, "White
-fellow works, not black fellow; black fellow gentleman."[119]
-When anything foolish is done, the Chippewas use an expression
-which means "as stupid as a white man."[120] If a South Sea
-Islander sees a very awkward person, he says, "How stupid you
-are; perhaps you are an Englishman."[121] Mr. Williams tells us
-of a Fijian who, having been to the United States, was ordered by
-his chiefs to say whether the country of the white man was better
-than Fiji, and in what respects. He had not, however, gone far in
-telling the truth, when one cried out, "He is a prating fellow";
-another, "He is impudent"; and some said, "Kill him."[122] The
-Koriaks are more argumentative; in order to prove that the
-accounts they hear of the advantages of other countries are so
-many lies, they say to the stranger, "If you could enjoy these
-advantages at home, what made you take so much trouble to come to
-us?"[123] But the Koriaks, in their turn are looked down upon by
-their neighbours, the Chukchi, who call the surrounding peoples
-old women, only fit to guard their flocks, and to be their
-attendants.[124] The Ainu despise the Japanese {172} just as much
-as the Japanese despise them, and are convinced of "the
-superiority of their own blood and descent over that of all other
-peoples in the world."[125] Even the miserable Veddah of Ceylon
-has a very high opinion of himself, and regards his civilised
-neighbours with contempt.[126] As is often the case with
-civilised men, savages attribute to their own people all kinds of
-virtue in perfection. The South American Mbayás, according to
-Azara, "se croient la nation la plus noble du monde, la plus
-généreuse, la plus exacte à tenir sa parole avec loyauté, et la
-plus vaillante."[127] The Eskimo of Norton Sound speak of
-themselves as _yu'-p[)i]k_, meaning fine or complete people,
-whereas an Indian is termed _iñ-k[)i]-l[)i]k_, from a word which
-means "a louse egg."[128] When a Greenlander saw a foreigner of
-gentle and modest manners, his usual remark was, "He is almost as
-well-bred as we," or, "He begins to be a man," that is, a
-Greenlander.[129] The savage regards his people as the people, as
-the root of all others, and as occupying the middle of the earth.
-The Hottentots love to call themselves "the men of men."[130] The
-Indians of the Ungava district, Hudson Bay, give themselves the
-name _nenenot_, that is, true or ideal red men.[131] In the
-language of the Illinois Indians the word _illinois_ means
-"men"--"as if they looked upon all other Indians as beasts."[132]
-The aborigines of Hayti believed that their island was the first
-of all things, that the sun and moon issued from one of its
-caverns, and men from another.[133] Each Australian tribe, says
-Mr. Curr, regards its country as the centre of the earth, which
-in most cases is believed not to extend more than a couple of
-hundred miles or so in any direction.[134]
-
-[Footnote 118: Hall, _Arctic Researches_, p. 566 _sq._]
-
-[Footnote 119: Hale, _U.S. Exploring Expedition. Vol. VI.
-Ethnography and Philology_, p. 109.]
-
-[Footnote 120: Keating, _Expedition to the Source of St. Peter's
-River_, ii. 168. See also Boller, _Among the Indians_, p. 54 _sq._]
-
-[Footnote 121: Williams, _Missionary Enterprises in the South Sea
-Islands_, p. 514.]
-
-[Footnote 122: Williams and Calvert, _Fiji_, p. 105.]
-
-[Footnote 123: Krasheninnikoff, _History of Kamschatka_, p. 224.]
-
-[Footnote 124: Sauer, _op. cit._ p. 255.]
-
-[Footnote 125: Batchelor, 'Notes on the Ainu,' in _Trans. Asiatic
-Soc. Japan_, x. 211 _sq._ Howard, _Life with Trans-Siberian
-Savages_, p. 182.]
-
-[Footnote 126: Nevill, in _Taprobanian_, i. 192. Sarasin, _op.
-cit._ iii. 530, 534. 553.]
-
-[Footnote 127: Azara, _Voyages dans l'Amérique méridionale_,
-ii. 107.]
-
-[Footnote 128: Nelson, 'Eskimo about Bering Strait,' in _Ann.
-Rep. Bur. Ethn._ xviii. 306 _sq._]
-
-[Footnote 129: Cranz, _History of Greenland_, i. 126.]
-
-[Footnote 130: Kidd, _The Essential Kafir_, p. 92.]
-
-[Footnote 131: Turner, 'Ethnology of the Ungava District,' in
-_Ann. Rep. Bur. Ethn._ xi. 267.]
-
-[Footnote 132: Marquette, _Recit des voyages_, p. 47 _sq._]
-
-[Footnote 133: Brett, _Indian Tribes of Guiana_, p. 376.]
-
-[Footnote 134: Curr, _The Australian Race_, i. 50. For other
-instances of national conceit or pride among savages see Darwin,
-_Journal of Researches_, p. 207 (Fuegians); von den Steinen,
-_Unter den Naturvölkern Zentral-Brasiliens_, p. 332 (Bakaïri);
-von Humboldt, _Personal Narrative of Travels to the Equinoctial
-Regions of the New Continent_, v. 423, and Brett, _op. cit._
-p. 128 (Guiana Indians); James, _Expedition to the Rocky Mountains_,
-i. 320 (Omahas); Murdoch, in _Ann. Rep. Bur. Ethn._ ix. 42 (Point
-Barrow Eskimo); Krasheninnikoff, _op. cit._ p. 180 (Kamchadales);
-Brough Smyth, _op. cit._ ii. 284 (Australian natives);
-Macpherson, _op. cit._ p. 67 (Kandhs); Munzinger, _Ueber die
-Sitten und das Recht der Bogos_, p. 94; Andersson, _Lake Ngami_,
-p. 198 (Ovambo).]
-
-{173} We meet with similar feelings and ideas among the nations
-of archaic culture. The Chinese are taught to think themselves
-superior to all other peoples. In their writings, ancient and
-modern, the word "foreigner" is regularly joined with some
-disrespectful epithet, implying or expressing the ignorance,
-brutality, obstinacy, or meanness of alien nations, and their
-obligations to or dependence upon China.[135] To Confucius
-himself China was "the middle kingdom," "the multitude of great
-states," "all under heaven," beyond which were only rude and
-barbarous tribes.[136] According to Japanese ideas, Nippon was
-the first country created, and the centre of the world.[137]
-The ancient Egyptians considered themselves as the peculiar
-people, specially loved by the gods. They alone were termed
-"men" (_romet_); other nations were negroes, Asiatics, or
-Libyans, but not men; and according to the myth these nations
-were descended from the enemies of the gods.[138] The national
-pride of the Assyrians, so often referred to by the Hebrew
-prophets,[139] is conspicuous everywhere in their cuneiform
-inscriptions: they are the wise, the brave, the powerful, who,
-like the deluge, carry away all resistance; their kings are the
-"matchless, irresistible"; and their gods are much exalted above
-the gods of all other nations.[140] To the Hebrews their own
-land was "an exceeding good land," "flowing with milk and honey,"
-"the glory of all lands";[141] and its inhabitants were a holy
-{174} people which the Lord had chosen "to be a special people
-unto Himself, above all people that are upon the face of the
-earth."[142] Concerning the ancient Persians, Herodotus
-writes:--"They look upon themselves as very greatly superior in
-all respects to the rest of mankind, regarding others as
-approaching to excellence in proportion as they dwell nearer
-to them; whence it comes to pass that those who are the farthest
-off must be the most degraded of mankind."[143] To this day the
-monarch of Persia retains the title of "the Centre of the
-Universe"; and it is not easy to persuade a native of Isfahan
-that any European capital can be superior to his native
-city.[144] The Greeks called Delphi--or rather the round stone in
-the Delphic temple--"the navel" or "middle point of the
-earth";[145] and they considered the natural relation between
-themselves and barbarians to be that between master and slave.[146]
-
-[Footnote 135: Philip, _Life and Opinions of the Rev. W. Milne_,
-p. 257. _Cf._ Staunton, in _Narrative of the Chinese Embassy to
-the Khan of the Tourgouth Tartars_, p. viii.]
-
-[Footnote 136: Legge, _Chinese Classics_, i. 107. See also Giles,
-_op. cit._ ii. 116, n. 2.]
-
-[Footnote 137: Griffis, _Religions of Japan_, p. 207.]
-
-[Footnote 138: Erman, _Life in Ancient Egypt_, p. 32.]
-
-[Footnote 139: _Isaiah_, x. 7 _sqq._; xxxvii. 24 _sqq._
-_Ezekiel_, xxxi. 10 _sq._ _Zephaniah_, ii. 15.]
-
-[Footnote 140: Mürdter-Delitzsch, _Geschichte Babyloniens und
-Assyriens_, p. 104.]
-
-[Footnote 141: _Numbers_, xiii. 27; xiv. 7. _Ezekiel_, xx. 6, 15.]
-
-[Footnote 142: _Deuteronomy_, vii. 6.]
-
-[Footnote 143: Herodotus, i. 134.]
-
-[Footnote 144: Rawlinson, in his translation of Herodotus, i. 260
-_sq._ n. 5.]
-
-[Footnote 145: Pindar, _Pythia_, vi. 3 _sq._ _Idem_, _Nemea_,
-vii. 33 _sq._ Aeschylus, _Eumenides_, 40, 166. Sophocles,
-_[OE]dipus Tyrannus_, 480, 898. Livy, xxxviii. 48. _Cf._
-Herodotus' theory of "extremities" (iii. 115 _sq._), and
-Rawlinson's commentary, in his translation of Herodotus, i. 260
-_sq._ n. 6.]
-
-[Footnote 146: Euripides, _Iphigenia in Aulide_, 1400 _sq._
-Aristotle, _Politica_, i. 2, 6, pp. 1252 b, 1255 a.]
-
-In the archaic State the national feeling is in some cases
-greatly strengthened by the religious feeling; whilst in other
-instances religion inspires devotion to the family, clan, or
-caste rather than to the nation, or constitutes a tie not only
-between compatriots but between members of different political
-communities. The ancestor-worship of the Chinese has hardly been
-conducive to genuine patriotism. Whatever devotion to the common
-weal may have prevailed among the Vedic Aryans, it has certainly
-passed away beneath the influence of Brahmanism, or been narrowed
-down to the caste, the village, or the family.[147] The
-Zoroastrian Ahura-Mazda was not a national god, but "the god of
-the Aryans," that is, of all the peoples who inhabited ancient
-Iran; and these were constantly at war {175} with one
-another.[148] Muhammedans, whilst animated with a common hatred
-towards the Christians, show little public spirit in relation to
-their respective countries,[149] composed as they are of a
-variety of loosely connected, often very heterogeneous elements,
-ruled over by a monarch whose power is in many districts more
-nominal than real. In ancient Greece and Rome patriotism no doubt
-contained a religious element--each state and town had its
-tutelary gods and heroes, who were considered its proper
-masters;[150] but in the first place it was free citizens' love
-of their native institutions, a civic virtue which grew up on the
-soil of liberty. When the two Spartans who were sent to Xerxes to
-be put to death were advised by one of his governors to surrender
-themselves to the king, their answer was, "Had you known what
-freedom is, you would have bidden us fight for it, not with the
-spear only, but with the battle-axe."[151] And of the Athenians
-who lived at the time of the Persian wars, Demosthenes said that
-they were ready to die for their country rather than to see it
-enslaved, and that they considered the outrages and insults which
-befell him who lived in a subjugated city to be more terrible
-than death.[152] In classical antiquity "the influence of
-patriotism thrilled through every fibre of moral and intellectual
-life."[153] In some Greek cities emigration was prohibited by
-law, at Argos even on penalty of death.[154] Plato, in the
-Republic, sacrificed the family to the interests of the State.
-Cicero placed our duty to our country next after our duty to the
-immortal gods and before our duty to our parents.[155] "Of all
-connections," he says, "none is more weighty, none is more dear,
-than that between every individual and his country. Our parents
-are dear to us; {176} our children, our kinsmen, our friends, are
-dear to us; but our country comprehends alone all the endearments
-of us all. What good man would hesitate to die for her if he
-could do her service?"[156]
-
-[Footnote 147: Wheeler, _History of India_, ii. 586 _sq._ See
-also Leist, _Alt-arisches Jus Gentium_, p. 529.]
-
-[Footnote 148: Meyer, _Geschichte des Alterthums_, i. 540.
-Spiegel, _Erânische Alterthumskunde_, iii. 687 _sqq._]
-
-[Footnote 149: Polak, _Persien_, i. 12. Urquhart, _Spirit of the
-East_, ii. 427, 439 (Turks). Burckhardt, _Bedouins and Wahábys_,
-p. 204 _sq._ (Turks and Arab settlers).]
-
-[Footnote 150: Leist, _Alt-arisches Jus Gentium_, p. 529.
-Schmidt, _Die Ethik der alten Griechen_, ii. 221.]
-
-[Footnote 151: Herodotus, vii. 134 _sq._]
-
-[Footnote 152: Demosthenes, _De Corona_, 205, p. 296.]
-
-[Footnote 153: Lecky, _History of European Morals_, i. 200.]
-
-[Footnote 154: Plutarch, _Lycurgus_, xxvii. 5. Ovid,
-_Metamorphoses_, xv. 29.]
-
-[Footnote 155: Cicero, _De officiis_, i. 45 (160). _Cf._ _ibid._
-iii. 23 (90).]
-
-[Footnote 156: _Ibid._ i. 17 (57). _Cf._ Cicero, _De legibus_,
-ii. 2, (5).]
-
-The duty of patriotism springs, in the first instance, from the
-patriotic feeling; when the love of country is common in a nation
-public resentment is felt towards him who does not act as that
-sentiment requires him to act. Moreover, lack of patriotism in a
-person may also be resented by his fellow-countrymen as an injury
-done to themselves; and as we have seen before, anger, and
-especially anger felt by a whole community, has a tendency to
-lead to moral disapproval. For analogous reasons deeds of
-patriotism are apt to evoke moral praise. However, in benefiting
-his own people the patriot may cause harm to other people; and
-where the altruistic sentiment is broad enough to extend beyond
-the limits of the State and strong enough to make its voice heard
-even in competition with the love of country and the love of
-self, his conduct may consequently be an object of reproach. At
-the lower stages of civilisation the interests of foreigners are
-not regarded at all, except when sheltered by the rule of
-hospitality; but gradually, owing to circumstances which will be
-discussed in the following chapter, altruism tends to expand, and
-men are at last considered to have duties to mankind at large.
-The Chinese moralists inculcated benevolence to all men without
-making any reference to national distinctions.[157] Mih-tsze, who
-lived in the interval between Confucius and Mencius, even taught
-that we ought to love all men equally; but this doctrine called
-forth protests as abnegating the peculiar devotion due to
-relatives.[158] In Thâi-Shang it is said that a good man will
-feel kindly towards every creature, and should not hurt even the
-insect tribes, grass, and trees.[159] Buddhism {177} enjoins the
-duty of universal love:--"As a mother, even at the risk of her
-own life, protects her son, her only son, so let a man cultivate
-goodwill without measure toward all beings, . . . unhindered love
-and friendliness toward the whole world, above, below,
-around."[160] According to the Hindu work Panchatantra it is the
-thought of little-minded persons to consider whether a man is one
-of ourselves or an alien, the whole earth being of kin to him who
-is generously disposed.[161] In Greece and Rome philosophers
-arose who opposed national narrowness and prejudice. Democritus
-of Abdera said that every country is accessible to a wise man,
-and that a good soul's fatherland is the whole earth.[162] The
-same view was expressed by Theodorus, one of the later Cyrenaics,
-who denounced devotion to country as ridiculous.[163] The Cynics,
-in particular, attached slight value to the citizenship of any
-special state, declaring themselves to be citizens of the
-world.[164] But, as Zeller observes, in the mouth of the Cynic
-this doctrine was meant to express not so much the essential
-oneness of all mankind, as the philosopher's independence of
-country and home.[165] It was the Stoic philosophy that first
-gave to the idea of a world-citizenship a definite positive
-meaning, and raised it to historical importance. The citizen of
-Alexander's huge empire had in a way become a citizen of the
-world; and national dislikes were so much more readily overcome
-as the various nationalities comprised in it were united not only
-under a common government but also in a common culture.[166]
-Indeed, the founder of Stoicism was himself only half a Greek.
-But there is also an obvious connection between the cosmopolitan
-idea and the Stoic {178} system in general.[167] According to the
-Stoics, human society has for its basis the identity of reason in
-individuals; hence we have no ground for limiting this society to
-a single nation. We are all, says Seneca, members of one great
-body, the universe; "we are all akin by Nature, who has formed us
-of the same elements, and placed us here together for the same
-end."[168] "If our reason is common," says Marcus Aurelius,
-"there is a common law, as reason commands us what to do and what
-not to do; and if there is a common law we are fellow-citizens;
-if this is so, we are members of some political community--the
-world is in a manner a state."[169] To this great state, which
-includes all rational beings, the individual states are related
-as the houses of a city are to the city collectively;[170] and
-the wise man will esteem it far above any particular community in
-which the accident of birth has placed him.[171]
-
-[Footnote 157: _Lun Yü_, xii. 22. Mencius, vii. 1. 45. Douglas,
-_Confucianism and Taouism_, pp. 108, 205.]
-
-[Footnote 158: Edkins, _Religion in China_, p. 119. Legge,
-_Chinese Classics_, ii. 476, n. 45. de Groot, _Religious System
-of China_, (vol. ii. book) i. 684.]
-
-[Footnote 159: _Thâi-Shang_, 3.]
-
-[Footnote 160: Quoted by Rhys Davids, _Hibbert Lectures on the
-History of Buddhism_, p. 111.]
-
-[Footnote 161: Muir, _Religious and Moral Sentiments rendered
-from Sanskrit Writers_, p. 109.]
-
-[Footnote 162: Stobæus, _Florilegium_, xl. 7, vol. ii. 80. _Cf._
-Natorp, _Die Ethika des Demokritos_, p. 117, n. 41.]
-
-[Footnote 163: Diogenes Laertius, _Vitæ philosophorum_, ii. 98
-_sq._]
-
-[Footnote 164: _Ibid._ vi. 12, 63, 72, 98. Epictetus,
-_Dissertationes_, iii. 24. 66. Stobæus, xlv. 28, vol. ii.
-252.]
-
-[Footnote 165: Zeller, _Socrates and the Socratic Schools_,
-p. 326 _sq._ _Idem_, _Stoics, Epicureans, and Sceptics_,
-p. 327.]
-
-[Footnote 166: _Cf._ Plutarch, _De Alexandri Magni fortuna aut
-virtute_, i. 6, p. 329.]
-
-[Footnote 167: See Zeller, _Stoics, &c._ p. 327 _sq._]
-
-[Footnote 168: Seneca, _Epistulæ_, xcv. 52.]
-
-[Footnote 169: Marcus Aurelius, _Commentarii_, iv. 4. _Cf._
-_ibid._ vi. 44, and ix. 9; Cicero, _De legibus_, i. 7 (23);
-Epictetus, _Dissertationes_, i. 13. 3.]
-
-[Footnote 170: Marcus Aurelius, iii. 11.]
-
-[Footnote 171: Seneca, _De otio_, iv. 1. _Idem_, _Epistulæ_,
-lxviii. 2. Epictetus, _Dissertationes_, iii. 22. 83 _sqq._]
-
-But the Roman ideal of patriotism, with its utter disregard for
-foreign nations,[172] was not opposed by philosophy alone: it met
-with an even more formidable antagonist in the new religion. The
-Christian and the Stoic rejected it on different grounds: whilst
-the Stoic felt himself as a citizen of the world, the Christian
-felt himself as a citizen of heaven, to whom this planet was only
-a place of exile. Christianity was not hostile to the State.[173]
-At the very time when Nero committed his worst atrocities, St.
-Paul declared that there is no power but of God, and that
-whosoever resists the power resists the ordinance of God and
-shall be condemned;[174] and Tertullian says that all Christians
-send up their prayers for the life of the emperors, for their
-ministers, for magistrates, for the good of the {179} State and
-the peace of the Empire.[175] But the emperor should be obeyed
-only so long as his commands do not conflict with the law of
-God--a Christian ought rather to suffer like Daniel in the lions'
-den than sin against his religion;[176] and nothing is more
-entirely foreign to him than affairs of State.[177] Indeed, in
-the whole Roman Empire there were no men who so entirely lacked
-patriotism as the early Christians. They had no affection for
-Judea, they soon forgot Galilee, they cared nothing for the glory
-of Greece and Rome.[178] When the judges asked them which was
-their country they said in answer, "I am a Christian."[179] And
-long after Christianity had become the religion of the Empire,
-St. Augustine declared that it matters not, in respect of this
-short and transitory life, under whose dominion a mortal man
-lives, if only he be not compelled to acts of impiety or
-injustice.[180] Later on, when the Church grew into a political
-power independent of the State, she became a positive enemy of
-national interests. In the seventeenth century a Jesuit general
-called patriotism "a plague and the most certain death of
-Christian love."[181]
-
-[Footnote 172: _Cf._ Lactantius, _Divinæ Institutiones_, vi. ('De
-vero cultu'), 6 (Migne, _Patrologiæ cursus_, vi. 655).]
-
-[Footnote 173: _St. Matthew_, xxii. 21. _1 Peter_, ii. 13 _sq._]
-
-[Footnote 174: _Romans_, xiii. 1 _sq._ See also _Titus_, iii. 1.]
-
-[Footnote 175: Tertullian, _Apologeticus_, 39 (Migne, _op. cit._
-i. 468). See also Ludwig, _Tertullian's Ethik_, p. 98 _sq._]
-
-[Footnote 176: Tertullian, _De idololatria_, 15 (Migne, _op.
-cit._ i. 684).]
-
-[Footnote 177: Tertullian, _Apologeticus_, 38 (Migne, _op. cit._
-i. 465):--"Nec ulla magis res aliena, quam publica."]
-
-[Footnote 178: See Renan, _Hibbert Lectures on the Influence of
-Rome on Christianity_, p. 28.]
-
-[Footnote 179: Le Blant, _Inscriptions chrétiennes_, i. 128.]
-
-[Footnote 180: St. Augustine, _De Civitate Dei_, v. 17.]
-
-[Footnote 181: von Eicken, _Geschichte und System der
-mittelalterlichen Weltanschauung_, p. 809.]
-
-With the fall of the Roman Empire patriotism died out in Europe,
-and remained extinct for centuries. It was a feeling hardly
-compatible either with the migratory life of the Teutonic tribes
-or with the feudal system, which grew up wherever they fixed
-their residence. The knights, it is true, were not destitute of
-the natural affection for home. When Aliaumes is mortally wounded
-by Géri li Sors he exclaims, "Holy Virgin, I shall never more see
-Saint-Quentin nor Néèle";[182] and the troubadour Bernard de
-Ventadour touchingly sings, "Quan la doussa aura venta--Deves
-nostre païs,--M'es veiaire que senta--Odor de {180}
-Paradis."[183] But to a man of the Middle Ages "his country"
-meant little more than the neighbourhood in which he lived.[184]
-Kingdoms existed, but no nations. The first duty of a vassal was
-to be loyal to his lord;[185] but no national spirit bound
-together the various barons of one country. A man might be the
-vassal of the king of France and of the king of England at the
-same time; and often, from caprice, passion, or sordid interest,
-the barons sold their services to the enemies of the kingdom.
-The character of his knighthood was also perpetually pressing
-the knight to a course of conduct distinct from all national
-objects.[186] The cause of a distressed lady was in many
-instances preferable to that of the country to which he belonged
---as when the Captal de Bouche, though an English subject, did
-not hesitate to unite his troops with those of the Compte de
-Foix to relieve the ladies in a French town, where they were
-besieged and threatened with violence by the insurgent
-peasantry.[187] When a knight's duties towards his country are
-mentioned in the rules of Chivalry they are spoken of as duties
-towards his lord:--"The wicked knight," it is said, "that aids
-not his earthly lord and natural country against another prince,
-is a knight without office."[188] Far from being, as M. Gautier
-asserts,[189] the object of an express command in the code of
-Chivalry, true patriotism had there no place at all. It was not
-known as an ideal, still less did it exist as a reality, among
-either knights or commoners. As a duke of Orleans could bind
-himself by a fraternity of arms and alliance to a duke of
-Lancaster,[190] so English merchants were in the habit of
-supplying nations at war against England with provisions bought
-at English fairs, and weapons wrought by English hands.[191] If,
-as M. Gaston Paris maintains, a {181} deep feeling of national
-union had inspired the Chanson de Roland,[192] it is a strange,
-yet undeniable, fact that no distinct trace of this feeling
-displayed itself in the mediæval history of France before the
-English wars.
-
-[Footnote 182: _Li Romans de Raoul de Cambrai_, 210, p. 185.]
-
-[Footnote 183: Quoted by Gautier, _La Chevalerie_, p. 64.]
-
-[Footnote 184: See Cibrario, _Della economia politica del medio
-eve_, i. 263; de Crozals, _Histoire de la civilization_, ii. 287.]
-
-[Footnote 185: _Ordre of Chyualry_, foll. 13 b. 32 b.]
-
-[Footnote 186: See Mills, _History of Chivalry_, i. 140 _sq._]
-
-[Footnote 187: Scott, _Essay on Chivalry_, p. 31.]
-
-[Footnote 188: _Ordre of Chyualry_, fol. 14 b.]
-
-[Footnote 189: Gautier, _op. cit._ p. 33.]
-
-[Footnote 190: Sainte-Palaye, _Mémoires sur l'ancienne
-Chevalerie_, ii. 72.]
-
-[Footnote 191: Pike, _History of Crime in England_, i. 264 _sq._]
-
-[Footnote 192: Paris, _La poésie du moyen age_, p. 107. M.
-Gautier says (_op. cit._ p. 61) that Roland is "la France faite
-homme."]
-
-Besides feudalism and the want of political cohesion, there were
-other factors that contributed to hinder the development of
-national personality and patriotic devotion. This sentiment
-presupposes not only that the various parts of which a country is
-composed shall have a vivid feeling of their unity, but also that
-they, united, shall feel themselves as a nation clearly distinct
-from other nations. In the Middle Ages national differences were
-largely obscured by the preponderance of the Universal Church, by
-the creation of the Holy Roman Empire, by the prevalence of a
-common language as the sole vehicle of mental culture, and by the
-undeveloped state of the vernacular tongues. To make use of the
-native dialect was a sign of ignorance, and to place worldly
-interests above the claims of the Church was impious. When
-Macchiavelli declared that he preferred his country to the safety
-of his soul, people considered him guilty of blasphemy; and when
-the Venetians defied the Papal thunders by averring that they
-were Venetians in the first place, and only Christians in the
-second, the world heard them with amazement.[193]
-
-[Footnote 193: 'National Personality,' in _Edinburgh Review_,
-cxciv. 133.]
-
-In England the national feeling developed earlier than on the
-Continent, no doubt owing to her insular position and freer
-institutions; as Montesquieu observes, patriotism thrives best in
-democracies.[194] At the time of the English Reformation the
-sense of corporate national life had evidently gained
-considerable strength, and the love of England has never been
-expressed in more exquisite form than it was by Shakespeare. At
-the same time the sense of patriotism was often grossly perverted
-by religious {182} bigotry and party spirit.[195] Even champions
-of liberty, like Lord Russell and Algernon Sidney, accepted
-French gold in the hope of embarrassing the King; and Sidney went
-so far as to try to instigate De Witt to invade England.
-Loyalism, in particular, proved a much stronger incentive than
-love of country. A loyalist like Strafford would have employed
-half-savage Irish troops against his own countrymen, and the
-Scotch Jacobites invited a French invasion.
-
-[Footnote 194: Montesquieu, _De l'esprit des Lois_, iv. 5
-(_[OE]uvres_, p. 206 _sq._).]
-
-[Footnote 195: See _Edinburgh Review_, cxciv. 133, 136 _sq._;
-Pearson, _National Life and Character_, p. 190.]
-
-In France the development of the national feeling was closely
-connected with the strengthening of the royal power and its
-gradual victory over feudalism. The word _patrie_ was for the
-first time used by Charles VII.'s chronicler, Jean Chartier, and
-he also condemned as _renégats_ those Frenchmen who, at the end
-of the hundred years war, fought on the side of the English.[196]
-But patriotism was for a long time inseparably confounded with
-loyalty to the sovereign. According to Bossuet "tout l'État est
-en la personne du prince";[197] and Abbé Coyer observes that
-Colbert believed _royaume_ and _patrie_ to signify one and the
-same thing.[198] In the eighteenth century the spirit of
-rebellion succeeded that of devotion to the king; but the
-key-note of the great movement which led to the Revolution was
-the liberty and equality of the individual, not the glory or
-welfare of the nation. Men were looked upon as members of the
-human race, rather than as citizens of any particular country. To
-be a citizen of every nation, and not to belong to one's native
-country alone, was the dream of French writers in the eighteenth
-century.[199] "The true sage is a cosmopolitan," says a writer of
-comedy.[200] Diderot asks which is the greater merit, to
-enlighten the human race, which remains for ever, or to save
-one's fatherland, which is {183} perishable.[201] According to
-Voltaire patriotism is composed of self-love and prejudice,[202]
-and only too often makes us the enemies of our fellow-men:--"Il
-est clair qu'un pays ne peut gagner sans qu'un autre perde, et
-qu'il ne peut vaincre sans faire des malheureux. Telle est donc
-la condition humaine, que souhaiter la grandeur de son pays,
-c'est souhaiter du mal à ses voisins."[203] In Germany, Lessing,
-Goethe, and Schiller felt themselves as citizens of the world,
-not of the German Empire, still less as Saxons or Suabians; and
-Klopstock, with his enthusiasm for German nationality and
-language, almost appeared eccentric.[204] Lessing writes
-point-blank:--"The praise of being an ardent patriot is to my
-mind the very last thing that I should covet; . . . I have no
-idea at all of love of the Fatherland, and it seems to me at best
-but an heroical weakness, which I can very readily dispense
-with."[205]
-
-[Footnote 196: Guibal, _Histoire du sentiment national en France
-pendant la guerre de Cent ans_, p. 526 _sq._]
-
-[Footnote 197: Legrand, _L'idée de patrie_, p. 20.]
-
-[Footnote 198: Block, _Dictionnaire général de la politique_,
-ii. 518.]
-
-[Footnote 199: Texte, _Jean-Jacques Rousseau and the Cosmopolitan
-Spirit in Literature_, p. 79.]
-
-[Footnote 200: Palissot de Montenoy, _Les philosophes_, iii. 4,
-p. 75.]
-
-[Footnote 201: Diderot, _Essai sur les règnes de Claude et de
-Néron_, ii. 75 (_[OE]uvres_, vi. 244).]
-
-[Footnote 202: Voltaire, _Pensées sur l'administration publique_,
-14 (_[OE]uvres complètes_, v. 351).]
-
-[Footnote 203: _Idem_, _Dictionnaire philosophique_, art. Patrie
-(_[OE]uvres complètes_, viii. 118).]
-
-[Footnote 204: See Strauss, _Der alte und der neue Glaube_,
-p. 259 _sq._]
-
-[Footnote 205: Lessing, quoted by Ziegler, _Social Ethics_,
-p. 121.]
-
-The first French revolution marks the beginning of a new era in
-the history of patriotism. It inspired the masses with passion
-for the unity of the fatherland, the Republic "one and
-indivisible." At the same time it declared all nations to be
-brothers, and when it made war on foreign nations the object was
-only to deliver them from their oppressors.[206] But gradually
-the interest in the affairs of other countries grew more and more
-selfish, the attempt to emancipate was absorbed in the desire to
-subjugate; and this awoke throughout Europe a feeling which was
-destined to become the most powerful force in the history of the
-nineteenth century, the feeling of nationality. When Napoleon
-introduced French administration in the countries whose
-sovereigns he had deposed or degraded, the people resisted the
-change. The resistance was popular, as the rulers were absent or
-helpless, and it was national, being directed against foreign
-institutions.{184} It was stirred by the feeling of national
-rather than political unity, it was a protest against the
-dominion of race over race. The national element in this movement
-had in a manner been anticipated by the French Revolution itself.
-The French people was regarded by it as an ethnological, not as
-an historic, unit; descent was put in the place of tradition; the
-idea of the sovereignty of the people uncontrolled by the past
-gave birth to the idea of nationality independent of the political
-influence of history. But, as has been truly remarked, men were
-made conscious of the national element of the revolution by its
-conquests, not in its rise.[207]
-
-[Footnote 206: Block, _op. cit._ ii. 376.]
-
-[Footnote 207: See 'Nationality,' in _Home and Foreign Review_,
-i. 6 _sqq._]
-
-Ever since, the racial feeling has been the most vigorous force
-in European patriotism, and has gradually become a true danger to
-humanity. Beginning as a protest against the dominion of one race
-over another, this feeling led to a condemnation of every state
-which included different races, and finally developed into the
-complete doctrine that state and nationality should so far as
-possible be coextensive.[208] According to this theory the
-dominant nationality cannot admit the inferior nationalities
-dwelling within the boundaries of the state to an equality with
-itself, because, if it did, the state would cease to be national,
-and this would be contrary to the principle of its existence; or
-the weaker nationalities are compelled to change their language,
-institutions, and individuality, so as to be absorbed in the
-dominant race. And not only does the leading nationality assert
-its superiority in relation to all others within the body
-politic, but it also wants to assert itself at the expense of
-foreign nations and races. To the nationalist all this is true
-patriotism; love of country often stands for a feeling which has
-been well described as love of more country.[209] But at the same
-time opposite ideals are at work. The fervour of nineteenth
-century nationalism has not been able to quench the {185}
-cosmopolitan spirit. In spite of loud appeals made to racial
-instincts and the sense of national solidarity, the idea has been
-gaining ground that the aims of a nation must not conflict with
-the interests of humanity at large; that our love of country
-should be controlled by other countries' right to prosper and to
-develop their own individuality; and that the oppression of
-weaker nationalities inside the state and aggressiveness towards
-foreign nations, being mainly the outcome of vainglory and greed,
-are inconsistent with the aspirations of a good patriot, as well
-as of a good man.
-
-[Footnote 208: _Ibid._ p. 13 _sq._]
-
-[Footnote 209: Robertson, _Patriotism and Empire_, p. 138.]
-
-       *       *       *       *       *
-
-Our long discussion of moral ideas regarding such modes of
-conduct as directly concern other men's welfare has at last come
-to an end. We have seen that they may be ultimately traced to a
-variety of sources: to the influence of habit or education, to
-egoistic considerations of some kind or other which have given
-rise to moral feelings, to notions of social expediency, to
-disinterested likings or dislikes, and, above all, to sympathetic
-resentment or sympathetic approval springing from an altruistic
-disposition of mind. But how to account for this disposition? Our
-explanation of that group of moral ideas which we have been
-hitherto investigating is not complete until we have found an
-answer to this important question. I shall therefore in the next
-chapter examine the origin and development of the altruistic
-sentiment.
-
-
-
-
-CHAPTER XXXIV
-
-THE ORIGIN AND DEVELOPMENT OF THE ALTRUISTIC SENTIMENT
-
-
-THERE is one form of the altruistic sentiment which man shares
-with all mammals and many other animals, namely, maternal affection.
-As regards its origin various theories have been set forth.
-
-According to Aristotle, parents love their children as being
-portions of themselves.[1] A similar explanation of maternal
-affection has been given by some modern writers.[2] Thus
-Professor Espinas regards this sentiment as modified self-love
-and love of property. The female, he says, at the moment when she
-gives birth to little ones resembling herself, has no difficulty
-in recognising them as the flesh of her flesh; the feeling she
-experiences towards them is made up of sympathy and pity, but we
-cannot exclude from it an idea of property which is the most
-solid support of sympathy. She feels and understands up to a
-certain point that these young ones which are herself at the same
-time belong to her; the love of herself, extended to those who
-have gone out from her, changes egoism into sympathy and the
-proprietary instinct into an affectionate impulse.[3] This
-hypothesis, however, seems to me to be very inadequate. It does
-not explain why, for instance, a bird takes more care of her eggs
-than of other matter segregated from {187} her body, which may
-equally well be regarded as a part of herself. Nor does it
-account for a foster-mother's affection for her adopted
-offspring.[4] Of this many instances have been noticed in the
-lower animals; and among some savage peoples adopted children are
-said to be treated by their foster-parents with the same
-affection as if they were their own flesh and blood.[5]
-
-[Footnote 1: Aristotle, _Ethica Nicomachea_, viii. 12. 2 _sq._]
-
-[Footnote 2: Hartley, _Observations on Man_, i. 496 _sq._ Fichte,
-_Das System der Sittenlehre_, p. 433.]
-
-[Footnote 3: Espinas, _Des sociétés animales_ (2nd ed.), p. 444
-_sq._, quoted by Ribot, _Psychology of the Emotions_, p. 280.]
-
-[Footnote 4: _Cf._ Spencer, _Principles of Psychology_, ii. 624.]
-
-[Footnote 5: Murdoch, 'Ethnol. Results of the Point Barrow
-Expedition,' in _Ann. Rep. Bur. Ethn._ ix. 419 (Point Barrow
-Eskimo). Thomson, _Savage Island_, p. 135.]
-
-A very different explanation of maternal love has been given by
-Professor Bain. He derives parental affection from the "intense
-pleasure in the embrace of the young." He observes that "such a
-pleasure once created would associate itself with the prevailing
-features and aspects of the young, and give to all of these their
-very great interest. For the sake of the pleasure, the parent
-discovers the necessity of nourishing the subject of it, and
-comes to regard the ministering function as a part or condition
-of the delight."[6] But if the satisfaction in animal contact
-were at the bottom of the maternal feeling, conjugal affection
-ought by far to surpass it in intensity; and yet, among the lower
-races at least, the case is exactly the reverse, conjugal
-affection being vastly inferior in degree to a mother's love of
-her child. It may indeed be fairly doubted whether there is any
-"intense pleasure" at all in embracing a new-born baby--unless it
-be one's own. It seems much more likely that parents like to
-touch their children because they love them, than that they love
-them because they like to touch them. Attraction, showing itself
-either by elementary movements of approach, or by contact, or by
-the embrace, is the outward _expression_ of tenderness.[7]
-Professor Bain himself observes that as anger reaches a
-satisfying term by knocking some one down, love is completed and
-satisfied with an embrace.[8] But this by no means implies that
-the embrace is the cause of love; it {188} only means that love
-has a tendency to express itself outwardly in an act of embrace.
-
-[Footnote 6: Bain, _Emotions and the Will_, p. 140.]
-
-[Footnote 7: Ribot, _op. cit._ p. 234.]
-
-[Footnote 8: Bain, _op. cit._ p. 126.]
-
-In the opinion of Mr. Spencer, again, parental love is
-essentially love of the weak or helpless. This instinct, he
-remarks, is not adequately defined as that which attaches a
-creature to its young. Though most frequently and most strongly
-displayed in this relation, the so-called parental feeling is
-really excitable apart from parenthood; and the common trait of
-the objects which arouse it is always relative weakness or
-helplessness.[9] This hypothesis undoubtedly contains part of the
-truth. That the maternal instinct is in some degree love of the
-helpless is obvious from the fact that, among those of the lower
-animals which are not gregarious, mother and young separate as
-soon as the latter are able to shift for themselves; nay, in many
-cases they are actually driven away by her. Moreover, in species
-which are so constituted that the young from the very outset can
-help themselves there is no maternal love. These facts indicate
-where we have to look for the source of this sentiment. When the
-young are born in a state of utter helplessness somebody must
-take care of them, or the species cannot survive, or, rather,
-such a species could never have come into existence. The maternal
-instinct may thus be assumed to owe its origin to the survival of
-the fittest, to the natural selection of useful spontaneous
-variations.
-
-[Footnote 9: Spencer, _Principles of Psychology_, ii. 623 _sq._
-See also Hartley, _op. cit._ i. 497.]
-
-This is also recognised by Mr. Spencer;[10] but his theory fails
-to explain the indisputable fact that there is a difference
-between maternal love and the mere love of the helpless. Even in
-a gregarious species mothers make a distinction between their own
-offspring and other young. During my stay among the mountaineers
-of Morocco I was often struck by the extreme eagerness with which
-in the evening, when the flock of ewes and the flock of lambs
-were reunited, each mother sought for her own lamb, and each lamb
-for its own mother. A similar {189} discrimination has been
-noticed even in cases of conscious adoption. Brehm tells us of a
-female baboon which had so capacious a heart that she not only
-adopted young monkeys of other species, but stole young dogs and
-cats which she continually carried about; yet her kindness did
-not go so far as to share food with her adopted offspring,
-although she divided everything quite fairly with her own young
-ones.[11] To account for the maternal sentiment we must therefore
-assume the existence of some other stimulus besides the signs of
-helplessness, which produces, or at least strengthens, the
-instinctive motor response in the mother. This stimulus, so far
-as I can see, is rooted in the external relationship in which the
-offspring from the beginning stand to the mother. She is in close
-proximity to her helpless young from their tenderest age; and she
-loves them because they are to her a cause of pleasure.
-
-[Footnote 10: Spencer, _op. cit._ ii. 623.]
-
-[Footnote 11: Darwin, _Descent of Man_, p. 70.]
-
-In various animal species the young are cared for not only by the
-mother, but by the father as well. This is the general rule among
-birds: whilst the hatching of the eggs and the chief part of the
-rearing-duties belong to the mother, the father acts as a
-protector, and provides food for the family. Among most of the
-mammals, on the other hand, the connections between the sexes are
-restricted to the time of the rut, hence the father may not even
-see his young. But there are also some mammalian species in which
-male and female remain together even after the birth of the
-offspring and the father defends his family against enemies.[12]
-Among the Quadrumana this seems to be the rule.[13] All the best
-authorities agree that the Gorilla and the Chimpanzee live in
-families. When the female is pregnant the male builds a rude nest
-in a tree, where she is delivered; and he spends the night
-crouching at the foot of the tree, protecting the female and
-their young one, which are in the nest above, from the nocturnal
-attacks of leopards. Passing from the {190} highest monkeys to
-the savage and barbarous races of men, we meet with the same
-phenomenon. In the human race the family consisting of father,
-mother, and offspring is probably a universal institution,
-whether founded on a monogamous, polygynous, or polyandrous
-marriage. And, as among the lower animals having the same habit,
-whilst the immediate care of the children chiefly belongs to the
-mother, the father is the guardian of the family.[14]
-
-[Footnote 12: Westermarck, _History of Human Marriage_, p. 11
-_sq._]
-
-[Footnote 13: _Ibid._ p. 12 _sqq._]
-
-[Footnote 14: Westermarck, _History of Human Marriage_, p. 14
-_sqq._]
-
-The stimuli to which the paternal instinct responds are
-apparently derived from the same circumstances as those which
-call into activity the maternal instinct, that is, the
-helplessness and the nearness of the offspring. Wherever this
-instinct exists, the father is near his young from the beginning,
-living together with the mother. And here again the sentimental
-response is in all probability the result of a process of natural
-selection, which has preserved a mental disposition necessary for
-the existence of the species. Among birds paternal care is
-indispensable. Equal and continual warmth is the first
-requirement for the development of the embryo and the
-preservation of the young ones; and for this the mother almost
-always wants the assistance of the father, who provides her with
-necessaries, and sometimes relieves her of the brooding. Among
-mammals, again, whilst the young at their tenderest age can never
-do without the mother, the father's aid is generally not
-required. That the Primates form an exception to this rule is
-probably due to the small number of young, the female bringing
-forth but one at a time, and besides, among the highest apes and
-in man, to the long period of infancy.[15] If this is true we may
-assume that the paternal instinct occurred in primitive man, as
-it occurs, more or less strongly developed, among the anthropoid
-apes and among existing savages.
-
-[Footnote 15: See _ibid._ p. 20 _sqq._ Fiske, _Outlines of Cosmic
-Philosophy_, ii. 342 _sq._]
-
-By origin closely allied to the paternal feeling is the
-attachment between individuals of different sex, which {191}
-induces male and female to remain with one another beyond the
-mere act of propagation till after the birth of the offspring. It
-is obvious that, where the generative power is restricted to a
-certain season--a peculiarity which primitive man seems to have
-shared with other mammals[16]--it cannot be the sexual instinct
-that causes the prolonged union of the sexes, nor can I conceive
-any other egoistic motive that could account for this habit.
-Considering that the union lasts till after the birth of the
-offspring and that it is accompanied with parental care, I
-conclude that it is for the benefit of the young that male and
-female continue to live together. The tie which joins them seems
-therefore, like parental affection, to be an instinct developed
-through natural selection. The tendency to feel some attachment
-to a being which has been the cause of pleasure--in this case
-sexual pleasure--is undoubtedly at the bottom of this instinct.
-Such a feeling may originally have induced the sexes to remain
-united and the male to protect the female even after the sexual
-desire was gratified; and if procuring great advantage to the
-species in the struggle for existence, conjugal attachment would
-naturally have developed into a specific characteristic.
-
-[Footnote 16: Westermarck, _op. cit._ ch. ii.]
-
-We have reason to believe that the germ of this sentiment
-occurred already in our earliest human ancestors, that marriage,
-in the natural history sense of the term, is a habit transmitted
-to man from some ape-like progenitor.[17] In the course of
-evolution conjugal affection has increased both in intensity and
-complexity; but advancement in civilisation has not at every step
-been favourable to its development. When restricted to men only,
-a higher culture on the contrary tends to alienate husband and
-wife, as is the case in Eastern countries and as was the case in
-ancient Greece. Another fact leading to conjugal apathy is the
-custom which compels the women before marriage to live strictly
-apart from the men. In China it often happens that the parties
-have not even seen each {192} other till the wedding day;[18] and
-in Greece Plato urged in vain that young men and women should be
-more frequently permitted to meet one another, so that there
-should be less enmity and indifference in the married life.[19]
-Conjugal love is both a cause and an effect of monogamy; but, as
-we shall see subsequently, the course of civilisation does not
-involve a steady progress towards stricter monogamy. The notions
-about women also influence the emotions felt towards them; and we
-have noticed that the great religions of the world have generally
-held them in little regard.[20] In its fully developed form the
-passion which unites the sexes is perhaps the most compound of
-all human feelings. Mr. Spencer thus sums up the masterly
-analysis he has given of it:--"Round the physical feeling forming
-the nucleus of the whole, are gathered the feelings produced by
-personal beauty, that constituting simple attachment, those of
-reverence, of love, of approbation, of self-esteem, of property,
-of love of freedom, of sympathy. These, all greatly exalted, and
-severally tending to reflect their excitements on one another,
-unite to form the mental state we call love."[21]
-
-[Footnote 17: _Ibid._ _op. cit._ chs. i., iii.]
-
-[Footnote 18: Katscher, _Bilder aus dem chinesischen Leben_, pp.
-71, 84.]
-
-[Footnote 19: Plato, _Leges_, vi. 771 _sq._]
-
-[Footnote 20: _Supra_, i. 662 _sqq._]
-
-[Footnote 21: Spencer, _Principles of Psychology_, i. 488.]
-
-The duration of conjugal and parental feelings varies extremely.
-Most birds, with the exception of those belonging to the
-Gallinaceous family, when pairing do so once for all till either
-one or the other dies;[22] whereas among the mammals man and
-possibly some apes[23] are the only species whose conjugal unions
-last any considerable time after the birth of the offspring.
-Among many of the lower races of men lifelong marriages seem to
-be the rule, and among a few separation is said to be entirely
-unknown; but there is abundant evidence that marriage has, upon
-the whole, become more durable with advancing civilisation.[24]
-One cause of this is that conjugal affection has become more
-lasting. And the greater duration of this sentiment may be
-explained partly from the refinement {193} of the uniting
-passion, involving appreciation of mental qualities which last
-long after youth and beauty have passed away, and partly also
-from the greater durability of parental feelings, which form a
-tie not only between parents and children, but between husband
-and wife.
-
-[Footnote 22: Westermarck, _op. cit._ p. 11.]
-
-[Footnote 23: _Ibid._ pp. 13, 14, 535.]
-
-[Footnote 24: _Ibid._ ch. xxiii.]
-
-The parental feelings originally only last as long as the young
-are unable to shift for themselves--the paternal feeling possibly
-less. As Mr. Fiske observes, "where the infancy is very short,
-the parental feeling, though intense while it lasts, presently
-disappears, and the offspring cease to be distinguished from
-strangers of the same species. And in general the duration of the
-feelings which insure the protection of the offspring is
-determined by the duration of the infancy."[25] Among certain
-savages parental love is still said to be restricted to the age
-of helplessness. We are told that the affection of a Fuegian
-mother for her child gradually decreases in proportion as the
-child grows older, and ceases entirely when it reaches the age of
-seven or eight; thenceforth the parents in no way meddle with the
-affairs of their son, who may leave them if he likes.[26] When
-the parental feelings became more complex, through the
-association of other feelings, as those of property and pride,
-they naturally tended to extend themselves beyond the limits of
-infancy and childhood. But the chief cause of this extension
-seems to lie in the same circumstances as made man a gregarious
-animal. Where the grown-up children continued to stay with their
-parents, parental affection naturally tended to be prolonged, not
-only by the infusion into it of new elements, but by the direct
-influence of close living together. It was, moreover, extended to
-more distant descendants. The same stimuli as call forth kindly
-emotions towards a person's own children evoke similar emotions
-towards his grand- and great-grandchildren.
-
-[Footnote 25: Fiske, _op. cit._ ii. 343.]
-
-[Footnote 26: Bove, _Patagonia, Terra del Fuoco_, p. 133. See
-also Wied-Neuwied, _Reise nach Brasilien_, ii. 40 (Botocudos), Im
-Thurn, _Among the Indians of Guiana_, p. 219; Scaramucci and
-Giglioli, 'Notizie sui Danakil,' in _Archivio per l'antropologia
-e la etnologia_, xiv. 35.]
-
-{194} It is an old truth that children's love of their parents is
-generally much weaker than the parents' love of their children.
-The latter is absolutely necessary for the subsistence of the
-species, the former is not;[27] though, when a richer food-supply
-favoured the formation of larger communities, filial attachment
-must have been of advantage to the race.[28] No individual is
-born with filial love. However, Aristotle goes too far when
-saying that, whilst parents love their children from their birth
-upward, "children do not begin to love their parents until they
-are of a considerable age, and have got full possession of their
-wits and faculties."[29] Under normal circumstances the infant
-from an early age displays some attachment to its parents.
-Professor Sully tells us of a girl, about seventeen months old,
-who received her father after a few days absence with special
-marks of affection, "rushing up to him, smoothing and stroking
-his face and giving him all the toys in the room."[30] Filial
-love is retributive; the agreeable feeling produced by benefits
-received makes the individual look with pleasure and kindliness
-upon the giver. And here again the affection is strengthened by
-close living together, as appears from the cooling effect of long
-separation of children from their parents. But the filial feeling
-is not affection pure and simple, it is affection mingled with
-regard for the physical and mental superiority of the parent.[31]
-As the parental feeling is partly love of the weak and young, so
-the filial feeling is partly regard for the strong and
-(comparatively) old.
-
-[Footnote 27: This observation was made already by Hutcheson
-(_Inquiry into the Original of our Ideas of Beauty and Virtue_,
-p. 219) and Adam Smith (_Theory of Moral Sentiments_, p. 199).
-The latter wrote, a hundred years before the publication of 'The
-Origin of Species,' that parental tenderness is a much stronger
-affection than filial piety, because "the continuance and
-propagation of the species depend altogether upon the former, and
-not upon the latter."]
-
-[Footnote 28: Darwin maintains (_Descent of Man_, p. 105) that
-the filial affections have been to a large extent gained through
-natural selection.]
-
-[Footnote 29: Aristotle, _Ethica Nicomachea_, viii. 12. 2.]
-
-[Footnote 30: Sully, _Studies of Childhood_, p. 243.]
-
-[Footnote 31: See _supra_, i. 618 _sq._]
-
-Besides parental, conjugal, and filial attachment we find among
-all existing races of men altruism of the fraternal {195} type,
-binding together children of the same parents, relatives more
-remotely allied, and, generally, members of the same social unit.
-But I am inclined to suppose that man was not originally a
-gregarious animal, in the proper sense of the word, that he
-originally lived in families rather than in tribes, and that the
-tribe arose as the result of increasing food-supply, allowing the
-formation of larger communities, combined with the advantages
-which under such circumstances accrued from a gregarious life.
-The man-like apes are not gregarious; and considering that some
-of them are reported to be encountered in greater numbers in the
-season when most fruits come to maturity,[32] we may infer that
-the solitary life generally led by them is due chiefly to the
-difficulty they experience in getting food at other times of the
-year. That our earliest human or half-human ancestors lived on
-the same kind of food, and required about the same quantities of
-it as the man-like apes, seems to me a fairly legitimate
-supposition; and from this I conclude that they were probably not
-more gregarious than these apes. Subsequently man became
-carnivorous; but even when getting his living by fishing or
-hunting, he may still have continued as a rule this solitary kind
-of life, or gregariousness may have become his habit only in
-part. "An animal of a predatory kind," Mr. Spencer observes,
-"which has prey that can be caught and killed without help,
-profits by living alone: especially if its prey is much
-scattered, and is secured by stealthy approach or by lying in
-ambush. Gregariousness would here be a positive disadvantage.
-Hence the tendency of large carnivores, and also of small
-carnivores that have feeble and widely-distributed prey, to lead
-solitary lives."[33] It is certainly a noteworthy fact that even
-now there are rude savages who live rather in separate families
-than in tribes; and that their solitary life is due to want of
-{196} sufficient food is obvious from several facts which I have
-stated in full in another place.[34] These facts, as it seems to
-me, give much support to the supposition that the kind of food
-man subsisted upon, together with the large quantities of it
-which he wanted, formed in olden times a hindrance to a true
-gregarious manner of living, except perhaps in some unusually
-rich places.
-
-[Footnote 32: Savage, 'Observations on the External Characters
-and Habits of the _Troglodytes Niger_, in _Boston Journal of
-Natural History_, iv. 384. _Cf._ von Koppenfels, 'Meine Jagden
-auf Gorillas,' in _Die Gartenlaube_, 1877, p. 419.]
-
-[Footnote 33: Spencer, _Principles of Psychology_, ii. 558.]
-
-[Footnote 34: Westermarck, _op. cit._ p. 43 _sqq._]
-
-But man finally overcame this obstacle. "He has," to quote
-Darwin, "invented and is able to use various weapons, tools,
-traps, &c., with which he defends himself, kills or catches prey,
-and otherwise obtains food. He has made rafts or canoes for
-fishing or crossing over to neighbouring fertile islands. He has
-discovered the art of making fire, by which hard and stringy
-roots can be rendered digestible, and poisonous roots or herbs
-innocuous."[35] In short, man gradually found out new ways of
-earning his living and more and more emancipated himself from
-direct dependence on surrounding nature. The chief obstacle to a
-gregarious life was by this means surmounted, and the advantages
-of such a life were considerable. Living together in larger
-groups, men could resist the dangers of life and defend
-themselves much better than when solitary--all the more so as the
-physical strength of man, and especially savage man, is
-comparatively slight. The extension of the small family group may
-have taken place in two different ways: either by adhesion, or by
-natural growth and cohesion. In other words, new elements whether
-other family groups or single individuals may have united with it
-from without, or the children, instead of separating from their
-parents, may have remained with them and increased the group by
-forming new families themselves. There can be little doubt that
-the latter was the normal mode of extension. When gregariousness
-became an advantage to man, he would feel inclined to remain with
-those with whom he was living even after the family had fulfilled
-its object--the preservation of {197} the helpless offspring. And
-he would be induced to do so not only from egoistic
-considerations, but by an instinct which, owing to its
-usefulness, would gradually develop, practically within the
-limits of kinship--the gregarious instinct.
-
-[Footnote 35: Darwin, _Descent of Man_, p. 48 _sq._]
-
-By the gregarious instinct I understand an animal's proneness to
-live together with other members of its own species, apart from
-parental, conjugal, and filial attachment. It involves, or leads
-to, pleasure in the consciousness of their presence. The members
-of a herd are at ease in each other's company, suffer when they
-are separated, and rejoice when they are reunited. By actual
-living together the instinct is individualised,[36] and it is
-strengthened by habit. The pleasure with which one individual
-looks upon another is further increased by the solidarity of
-interests. Not only have they enjoyments in common, but they have
-the same enemies to resist, the same dangers to encounter, the
-same difficulties to overcome. Hence acts which are beneficial to
-the agent are at the same time beneficial to his companions, and
-the distinction between _ego_ and _alter_ loses much of its
-importance.
-
-[Footnote 36: In mankind we very early recognise the child's
-tendency to sympathise with persons who are familiar to it
-(Compayré, _L'évolution intellectuelle et morale de l'enfant_,
-p. 288).]
-
-But the members of the group do not merely take pleasure in each
-other's company. Associated animals very frequently display a
-feeling of affection for each other--defend each other, help each
-other in distress and danger, perform various other services for
-each other.[37] Considering that the very object of the
-gregarious instinct is the preservation of the species, I think
-we are obliged to regard the mutual affection of associated
-animals as a development of this instinct. With the pleasure they
-take in each other's company is intimately connected kindliness
-towards its cause, the companion himself. In this explanation of
-social affection I believe no further step can be made. Professor
-Bain asks why a more lively feeling should grow up towards a
-fellow-being than towards an {198} inanimate source of pleasure;
-and to account for this he suggests, curiously enough, "the
-primary and independent pleasure of the animal embrace"[38]--although
-embrace even as an outward expression of affection plays a very
-insignificant part in the social relations of gregarious animals.
-It might as well be asked why there should be a more lively
-feeling towards a sentient creature which inflicts pain than
-towards an inanimate cause of pain. Both cases call for a similar
-explanation. The animal distinguishes between a living being and
-a lifeless thing, and affection proper, like anger proper, is
-according to its very nature felt towards the former only. The
-object of anger is normally an enemy, the object of social
-affection is normally a friend. Social affection is not only
-greatly increased by reciprocity of feeling, but could never have
-come into existence without such reciprocity. The being to which
-an animal attaches itself is conceived of as kindly disposed
-towards it; hence among wild animals social affection is found
-only in connection with the gregarious instinct, which is
-reciprocal in nature.
-
-[Footnote 37: Darwin, _op. cit._ p. 100 _sqq._ Kropotkin, _Mutual
-Aid_, ch. i. _sq._]
-
-[Footnote 38: Bain, _op. cit._ p. 132.]
-
-Among men the members of the same social unit are tied to each
-other with various bonds of a distinctly human character--the
-same customs, laws, institutions, magic or religious ceremonies
-and beliefs, or notions of a common descent. As men generally are
-fond of that to which they are used or which is their own, they
-are also naturally apt to have likings for other individuals
-whose habits or ideas are similar to theirs. The intensity and
-extensiveness of social affection thus in the first place depend
-upon the coherence and size of the social aggregate, and its
-development must consequently be studied in connection with the
-evolution of such aggregates.
-
-This evolution is largely influenced by economic conditions.
-Savages who know neither cattle-rearing nor agriculture, but
-subsist on what nature gives them--game, fish, fruit, roots, and
-so forth--mostly live in single families consisting of parents
-and children, or in larger {199} family groups including in
-addition a few other individuals closely allied.[39] But even
-among these savages the isolation of the families is not
-complete. Persons of the same stock inhabiting neighbouring
-districts hold friendly relations with one another, and unite for
-the purpose of common defence. When the younger branches of a
-family are obliged to disperse in search of food, at least some
-of them remain in the neighbourhood of the parent family,
-preserve their language, and never quite lose the idea of
-belonging to one and the same social group. And in some cases we
-find that people in the hunting or fishing stage actually live in
-larger communities, and have a well-developed social
-organisation. This is the case with many or most of the
-Australian aborigines. Though in Australia, also, isolated
-families are often met with,[40] the rule seems to be that the
-blacks live in hordes. Thus the Arunta of Central Australia are
-distributed in a large number of small local groups, each of
-which occupies a given area of country and has its own
-headman.[41] Every family, consisting of a man and one or more
-wives and children, has a separate lean-to of shrubs;[42] but
-clusters of these shelters are always found in spots where food
-is more or less easily obtainable,[43] and the members of each
-group are bound together by a strong "local feeling."[44] The
-local influence makes itself felt even outside the horde.
-"Without belonging to the same group," say Messrs. Spencer and
-Gillen, "men who inhabit localities close to one another are more
-closely associated than men living at a distance from one
-another, and, as a matter of fact, this local bond is strongly
-marked. . . . Groups which are contiguous locally are constantly
-meeting to perform ceremonies."[45] At the time when the series
-of initiation ceremonies called the _Engwura_ are performed, men
-and women gather together from all parts of the tribe, councils
-of the elder {200} men are held day by day, the old traditions of
-the tribe are repeated and discussed, and "it is by means of
-meetings such as this, that a knowledge of the unwritten history
-of the tribe and of its leading members is passed on from
-generation to generation."[46] Nay, even members of different
-tribes often have friendly intercourse with each other; in
-Central Australia, when two tribes come into contact with one
-another on the border-land of their respective territories, the
-same amicable feelings as prevail within the tribe are maintained
-between the members of the two.[47] Now it seems extremely
-probable that Australian blacks are so much more sociable than
-most other hunting people because the food-supply of their
-country is naturally more plentiful, or, partly thanks to their
-boomerangs, more easily attainable. A Central Australian native
-is, as a general rule, well nourished; "kangaroo, rock-wallabies,
-emus, and other forms of game are not scarce, and often fall a
-prey to his spear and boomerang, while smaller animals, such as
-rats and lizards, are constantly caught without any difficulty by
-the women."[48] Circumstances of an economic character also
-account for the gregariousness of the various peoples on the
-north-west coast of North America who are neither pastoral nor
-agricultural--the Thlinkets, Haidas, Nootkas, and others. On the
-shore of the sea or some river they have permanent houses, each
-of which is inhabited by a number of families;[49] the houses are
-grouped in villages, some of which are very populous;[50] and
-though the tribal bond is not conspicuous for its strength, there
-are councils which discuss and decide all important questions
-concerning the tribe.[51] The territory inhabited by these
-peoples, with its bays, sounds, and rivers, supplies them with
-food in abundance; "its enormous wealth of fish allows its
-inhabitants to enjoy a pampered existence."[52]
-
-[Footnote 39: Westermarck, _op. cit._ p. 43 _sqq._ Hildebrand,
-_Recht und Sitte_, p. 1 _sqq._]
-
-[Footnote 40: Westermarck, _op. cit._ p. 45.]
-
-[Footnote 41: Spencer and Gillen, _Native Tribes of Central
-Australia_, p. 8 _sqq._]
-
-[Footnote 42: _Ibid._ p. 18.]
-
-[Footnote 43: _Ibid._ p. 31.]
-
-[Footnote 44: _Ibid._ p. 544.]
-
-[Footnote 45: _Ibid._ p. 14.]
-
-[Footnote 46: Spencer and Gillen, _Native Tribes of Central
-Australia_, p. 272.]
-
-[Footnote 47: _Ibid._ p. 32.]
-
-[Footnote 48: _Ibid._ pp. 7, 44.]
-
-[Footnote 49: Boas, in _Fifth Report on the North-Western Tribes
-of Canada_, p. 22.]
-
-[Footnote 50: Krause (_Die Tlinkit-Indianer_, p. 100) speaks of a
-Thlinket village which consisted of sixty-five houses and five or
-six hundred inhabitants.]
-
-[Footnote 51: Boas, _loc. cit._ p. 36 _sq._]
-
-[Footnote 52: Ratzel, _History of Mankind_, ii. 92.]
-
-{201} To pastoral people sociality, up to a certain degree, is of
-great importance. They have not only to defend their own persons
-against their enemies, but they have also to protect valuable
-property, their cattle. Moreover, they are often anxious to
-increase their wealth by robbing their neighbours of cattle, and
-this is best done in company. But at the same time a pastoral
-community is never large, and, though cohesive so long as it
-exists, it is liable to break up into sections. The reason for
-this is that a certain spot can pasture only a limited stock of
-cattle. The thirteenth chapter of Genesis well illustrates the
-social difficulties experienced by pastoral peoples. Abraham went
-up out of Egypt together with his wife and all that he had, and
-Lot went with him. Abraham was very rich in cattle, and Lot also
-had flocks, and herds, and tents. But "the land was not able to
-bear them, that they might dwell together: for their substance
-was great, so that they could not dwell together"; they were
-obliged to separate.[53]
-
-[Footnote 53: _Genesis_, xiii. 1 _sqq._ See Hildebrand, _op.
-cit._ p. 29 _sq._; Grosse, _Die Formen der Familie_, pp. 99, 100,
-124 _sq._]
-
-The case is different with people subsisting on agriculture. A
-certain piece of land can support a much larger number of persons
-when it is cultivated than when it consists merely of pasture
-ground. Its resources largely depend on the labour bestowed on
-it, and the more people the more labour. The soil also
-constitutes a tie which cannot be loosened. It is a kind of
-property which, unlike cattle, is immovable; hence even where
-individual ownership in land prevails, the heirs to an estate
-have to remain together. As a matter of fact, the social union of
-agricultural communities is very close, and the households are
-often enormous.[54]
-
-[Footnote 54: See Grosse, _op. cit._ p. 136 _sqq._]
-
-But living together is not the only factor which, among savages,
-establishes a social unit. Such a unit may be based not only on
-local proximity, but on marriage or a common descent; it may
-consist not only of persons who live together in the same
-district, but of persons who are of the same family, or who are,
-or consider themselves to be, {202} of the same kin. These
-different modes of organisation often, in a large measure,
-coincide. The family is a social unit made up of persons who are
-either married or related by blood, and at the same time, in
-normal cases, live together. The tribe is a social unit, though
-often a very incoherent one,[55] consisting of persons who
-inhabit the same district and also, at least in many cases,
-regard themselves as descendants of some common ancestor. The
-clan, which is essentially a body of kindred having a common
-name, may likewise on the whole coincide with the population of a
-certain territory, with the members of one or more hordes or
-villages. This is the case where the husband takes his wife to
-his own community and descent is reckoned through the father, or
-where he goes to live in his wife's community and descent is
-reckoned through the mother. But frequently the system of
-maternal descent is combined with the custom of the husband
-taking his wife to his own home, and this, in connection with the
-rule of clan-exogamy, occasions a great discrepancy between the
-horde and the clan. The local group is then by no means a group
-of clansmen; the children, live in their father's community, but
-belong to their mother's clan, whilst the next generation of
-children within the community must belong to another clan.[56]
-
-[Footnote 55: See Cunow, _Die Verwandtschafts-Organisationen der
-Australneger_, p. 121, n. 1.]
-
-[Footnote 56: _Cf._ Giddings, _Principles of Sociology_, p. 259.]
-
-Kinship certainly gives rise to special rights and duties, but
-when unsupported by local proximity it loses much of its social
-force. Among the Australian natives, for instance, the clan rules
-seem generally to be concerned with little or nothing else than
-marriage, sexual intercourse, and, perhaps, blood-revenge.[57]
-"The object of caste" (clan), says Mr. Curr, "is not to create or
-define a bond of union, but to secure the absence of any blood
-relationship between {203} persons proposed to marry. So far from
-being a bond of friendship, no Black ever hesitates to kill one
-of another tribe because he happens to bear the same caste- (clan-)
-name as himself."[58] It appears that the system of descent itself
-is largely influenced by local connections.[59] Sir E. B. Tylor has
-found by means of his statistical method that the number of
-coincidences between peoples among whom the husband lives with the
-wife's family and peoples who reckon kinship through the mother only,
-is proportionally large, and that the full maternal system never
-appears among peoples whose exclusive custom is for the husband to
-take his wife to his own home;[60] and I have myself drawn attention
-to the fact that where the two customs, the woman receiving her husband
-in her own hut and the man taking his wife to his, occur side by side
-among the same people, descent in the former case is traced through the
-mother, in the latter through the father.[61] Nay, even where kinship
-constitutes a tie between persons belonging to different local
-groups, its social force is ultimately derived not merely from
-the idea of a common origin, but from near relatives' habit of
-living together. Men became gregarious by remaining in the circle
-where they were born; if, instead of keeping together with their
-kindred, they had preferred to isolate themselves or to unite
-with strangers, there would certainly be no blood-bond at all.
-The mutual attachment and the social rights and duties which
-resulted from this gregarious condition were associated with the
-relation in which members of the group stood to one another--the
-relation of kinship as expressed by a common name,--and these
-associations might last even after the local tie was broken. By
-means of the name former connections were kept up. Even we
-ourselves are generally more disposed to count kin with distant
-relatives who have our own surname than with relatives who have a
-different name; and still greater is the influence which language
-in this respect exercises on the mind of a savage, {204} to whom
-a person's name is part of his personality. The derivative origin
-of the social force in kinship accounts for its formal character,
-when personal intercourse is wanting; it may enjoin duties, but
-hardly inspires much affection. If in modern society much less
-importance is attached to kinship than at earlier stages of
-civilisation, this is largely due to the fact that relatives,
-except the nearest, have little communication with each other.
-And if, as Aristotle observes, friendship between kinsfolk varies
-according to the degree of relationship,[62] it does so in the
-first instance on account of the varying intimacy of their mutual
-intercourse.
-
-[Footnote 57: Cunow, _op. cit._ pp. 97, 136. Dr. Stirling says
-(_Report of the Horn Expedition to Central Australia_,
-'Anthropology,' p. 43) that the laws arising out of the "class"
-(clan) divisions "have extraordinary force and are, in general,
-implicitly obeyed whether in respect of actual marriage, illicit
-connections, or social relations"; but I find no further
-reference to these "social relations."]
-
-[Footnote 58: Curr, _The Australian Race_, i. 69.]
-
-[Footnote 59: Westermarck, _op. cit._ p. 107 _sqq._]
-
-[Footnote 60: Tylor, 'Method of Investigating the Development of
-Institutions,' in _Jour. Anthr. Inst._ xviii. 258.]
-
-[Footnote 61: Westermarck, _op. cit._ p. 110.]
-
-[Footnote 62: Aristotle, _Ethica Nicomachea_, viii. 12. 7.]
-
-A very different explanation of the social influence of kinship
-has been given by Mr. Hartland. He connects it with primitive
-superstition. A clan, he says, "is regarded as an unity,
-literally and not metaphorically one body, the individual members
-of which are as truly portions as the fingers or the legs are
-portions of the external, visible body of each of them." Now, a
-severed limb or lock of hair is believed by the savage to remain
-in some invisible but real union with the body whereof it once,
-in outward appearance also, formed a part, and any injury done to
-it is supposed to affect the organism to which it belonged. "The
-individual member of a clan was in exactly the same position as a
-lock of hair cut from the head, or an amputated limb. He had no
-separate significance, no value apart from his kin. . . . Injury
-inflicted on him was inflicted on, and was felt by, the whole
-kin, just as an injury inflicted on the severed lock or limb was
-felt by the bulk."[63] Mr. Hartland insists upon a literal
-interpretation of his words;[64] and this implies that the
-members of a clan are in their behaviour influenced by the idea
-that what happens to one of them reacts upon all.
-
-[Footnote 63: Hartland, _Legend of Perseus_, ii. 277.]
-
-[Footnote 64: _Ibid._ ii. 236, 398, 444.]
-
-In support of his theory Mr. Hartland makes reference to the
-belief of some savages, that charms may be made from dead bodies
-against the surviving relatives of the deceased,[65] and to
-certain rites of healing in which, besides the patient himself,
-"other members of his tribe, presumably kinsmen," take part.[66]
-But the former belief is a superstition connected with the wonder
-of death, from which no conclusion must be drawn as {205} to
-relations between the living; and in the ceremonies of healing
-the medicine-man plays a much more prominent part than the other
-bystanders--whose relationship to the patient, besides, is so
-little marked that Mr. Hartland only presumes them to be kindred.
-He further observes that in the wide-spread custom of the Couvade
-we meet with the idea that the child, being a part of the father,
-is liable to be affected by various acts committed by him.[67]
-And from Sir J. G. Frazer's 'Golden Bough' might be quoted many
-instances of a belief in some mysterious bond of sympathy
-knitting together absent friends and relations--especially at
-critical times of life--which has, in particular, led to rules
-regulating the conduct of persons left at home while a party of
-their friends is out fishing or hunting or on the war path.[68]
-But all these rules are taboo restrictions of a definite and
-altogether special kind, generally, it seems, referring to
-members of the same family, and frequently to wives in their
-husbands' absence. In order to make his hypothesis acceptable,
-Mr. Hartland ought to have produced a fair number of facts
-proving that the members of the same clan really are believed to
-be connected with each other in such a manner, that whatever
-affects one of them at the same time in a mysterious way affects
-the rest. But we look in vain for a single well-established
-instance of such a belief.
-
-[Footnote 65: _Ibid._ ii. 437 _sq._]
-
-[Footnote 66: _Ibid._ ii. 432 _sqq._]
-
-[Footnote 67: Hartland, _Legend of Perseus_, ii. 406.]
-
-[Footnote 68: Frazer, _Golden Bough_, i. 27 _sqq._ See also
-Haddon, _Magic and Fetishism_, p. 11 _sq._]
-
-It seems that the importance which savages attach to a common
-blood has been much exaggerated. Clanship is based on a method of
-counting descent by means of names, either through the father or
-through the mother, but not through both at once. This, however,
-by no means implies that the other line is not recognised as a
-line of blood-relationship. The paternal system of descent is not
-necessarily associated with the idea that the mother has no share
-in parentage, nor is the maternal system necessarily associated
-with unconsciousness of the child's relation to its father;[69]
-even the Couvade, which assumes the recognition of a most
-intimate relationship between the child and its father, has been
-found to prevail among some peoples who regard the child as a
-member of the mother's clan.[70] Nay, there are instances in
-which the clan-bond is obviously {206} not regarded as a
-blood-bond at all, in the strict sense of the word. Of some
-tribes in New South Wales Mr. Cameron tells us that, although a
-daughter belongs not to her father's clan but to that of her
-mother's brother, they believe that she emanates from her father
-solely, being only nurtured by her mother;[71] and the Arunta of
-Central Australia, who have the paternal system of descent,
-maintain that a child really descends neither from its father nor
-from its mother, but is the reincarnation of a mythical
-totem-ancestor.[72] Their theory is "that the child is not the
-direct result of intercourse, that it may come without this,
-which merely, as it were, prepares the mother for the reception
-and birth also of an already-formed spirit child who inhabits one
-of the local totem centres";[73] and its totem-name, which is
-derived from the spot where it is supposed to have been
-conceived,[74] is different from its clan-name. It is useful to
-scrutinise Mr. Hartland's theory in the light of this class of
-facts. They evidently prove that clanship and what we are used to
-call the system of counting "descent," is not necessarily based
-on the notion of actual blood-relationship, but on kinship as a
-fact combined with a name; whereas Mr. Hartland's hypothesis
-presupposes, not that the members of a clan really are, but that
-they consider themselves to be all of one blood.
-
-[Footnote 69: Mr. Swan informs me that the Waguha of West
-Tanganyika, among whom children are generally named after their
-father, recognise the part taken by both parents in generation;
-and Archdeacon Hodgson writes the same concerning certain other
-tribes of Eastern Central Africa, who trace descent through the
-mother.]
-
-[Footnote 70: Ling Roth, 'Signification of Couvade,' in _Jour.
-Anthr. Inst._ xxii. 227, 238.]
-
-[Footnote 71: Cameron, 'Notes on some Tribes of New South Wales,'
-in _Jour. Anthr. Inst._ xiv. 352.]
-
-[Footnote 72: Spencer and Gillen, _Native Tribes of Central
-Australia_, ch. iv. especially pp. 121, 124.]
-
-[Footnote 73: _Ibid._ p. 265.]
-
-[Footnote 74: _Ibid._ p. 124 _sqq._]
-
-Yet another practice has been adduced as evidence of the supreme
-importance which the primitive clan is supposed to attach to
-unity in blood--the so-called blood-covenant. The members of a
-clan, Mr. Hartland observes, may not be all descended from a
-common ancestry. Though descent is the normal, the typical cause
-of kinship and a common blood, kinship may also be acquired. "To
-acquire kinship, the blood of the candidate for admission into
-the kin must be mingled with that of the kin. In this way he
-enters into the brotherhood, is reckoned as of the same stock,
-obtains the full privileges of a kinsman."[75] As Professor
-Robertson Smith puts it, "he who has drunk a clansman's blood is
-no longer a stranger but a brother, and included in the mystic
-circle of those who have a share in the life-blood that is common
-to all the clan."[76] Mr. Hartland gives us a short account of
-the rite:--"It is sufficient that an incision be made in the
-neophyte's arm and the flowing blood sucked from it by one of the
-clansmen, upon whom the {207} operation is repeated in turn by
-the neophyte. Originally, perhaps, the clansmen all assembled and
-partook of the rite; but if so, the necessity has ceased to be
-recognised almost everywhere. The form, indeed, has undergone
-numberless variations. . . . But, whatever may be the exact form
-adopted, the essence of the rite is the same, and its range is
-world-wide." Then there follows a list of peoples from various
-quarters of the world among whom it is said to prevail.[77]
-
-[Footnote 75: Hartland, _op. cit._ ii. 237.]
-
-[Footnote 76: Robertson Smith, _Religion of the Semites_, p. 315.]
-
-[Footnote 77: Hartland, _op. cit._ 237 _sqq._]
-
-From this the reader undoubtedly gets the impression that the
-mingling of blood is a frequently practised ceremony of adoption,
-by which a person is admitted into a strange clan. But the facts
-stated by the chief authorities on the subject, to whom Mr.
-Hartland refers, prove nothing of the kind. In most cases with
-which we are acquainted the mingling of blood is a form of
-covenant between individuals, although an engagement with a chief
-or king naturally embraces his subjects also; and sometimes the
-covenanters are tribes or kingdoms. But of the "world-wide"
-adoption rite there is hardly a single instance which corresponds
-to Mr. Hartland's description. He admits himself that "in the
-same measure as the clan relaxed its hold upon the individual
-members, blood-brotherhood assumed a personal aspect, until,
-having no longer any social force, it came to be regarded as
-merely the most solemn and binding form of covenant between man
-and man."[78] His account of the blood-covenant is, in fact, only
-an inference based on the assumption that the existing rite is a
-survival from times when the clan was literally one body and the
-individual nothing but an amputated limb. But to regard the
-present blood-covenant as a survival of a previous rite of
-adoption into the clan is not justified by facts. So far as I
-know, there is no record of a blood-covenant among savages of the
-lowest type, unless the aborigines of Australia be included among
-them; and in Australia it is certainly not a ceremony of
-adoption. Among the Arunta it is intended to prevent treachery:
-"if, for example, an Alice Springs party wanted to go on an
-avenging expedition to the Burt country, and they had with them
-in camp a man of that locality, he would be forced to drink blood
-with them, and, having partaken of it, would be bound not to aid
-his friends by giving them warning of their danger."[79] This
-instance is instructive. The Australian native is obliged to help
-those with whom he has drunk blood against his own relatives,
-nay, against members of his own totem group. So also "the tie
-{208} of blood-covenanting is reckoned in the East even a closer
-tie than that of natural descent,"[80] and the same was the case
-among the ancient Scandinavians.[81] I do not see how Mr.
-Hartland's theory can account for this.
-
-[Footnote 78: _Ibid._ ii. 240.]
-
-[Footnote 79: Spencer and Gillen, _Native Tribes of Central
-Australia_, p. 461.]
-
-[Footnote 80: Trumbull, _Blood Covenant_, p. 10.]
-
-[Footnote 81: Maurer, _Bekehrung des Norwegischen Stammes_,
-ii. 171.]
-
-Mingling of blood is sometimes supposed to be a direct cause of
-mutual sympathy and agreement, in accordance with the principle
-of transmission of properties by contact;[82] even in Europe
-there are traces of the belief that a few drops of blood
-transferred from one person to another inspire the recipient with
-friendly feelings towards him with whose blood he is
-inoculated.[83] But the genuine blood-covenant imposes duties on
-both parties, and also contains the potential punishment for
-their transgression. It involves a promise, and the transference
-of blood is vaguely or distinctly supposed to convey to the
-person who drinks it, or who is inoculated with it, a conditional
-curse which will injure or destroy him should he break his
-promise. That this is the main idea underlying the blood-covenant
-appears from the fact that it is regularly accompanied by curses
-or self-imprecations.[84] In Madagascar, for instance, when two
-or more persons have agreed on forming the bond of fraternity, a
-fowl is procured, its head is nearly cut off, and it is left in
-this state to continue bleeding during the ceremony. The parties
-then pronounce a long imprecation and mutual vow over the blood,
-saying, _inter alia_ "O this miserable fowl weltering in its
-blood! thy liver do we eat, thy liver do we eat; and should
-either of us retract from the terms of this oath, let him
-instantly become a fool, let him instantly become blind, let this
-covenant prove a curse to him." A small portion of blood is then
-drawn from each individual and drunk by the covenanting parties
-with execrations of vengeance on each other in case of either
-violating the sacred oath.[85] According to another description
-the parties, after they have drunk each other's blood, drink a
-mixture from the same bowl, praying that it may turn into {209}
-poison for him who fails to keep the oath.[86] As we have seen
-before, blood is commonly regarded as a particularly efficient
-conductor of curses, and what could in this respect be more
-excellent than the blood of the very person who utters the curse?
-But the blood of a victim sacrificed on the occasion may serve
-the same purpose, or some other suitable vehicle may be chosen to
-transfer the imprecation. The Masai in the old days "spat at a
-man with whom they swore eternal friendship";[87] and the meaning
-of this seems clear when we hear that they spit copiously when
-cursing, and that "if a man while cursing spits in his enemy's
-eyes, blindness is supposed to follow."[88] The ancient Arabs,
-besides swearing alliance and protection by dipping their hands
-in a pan of blood and tasting the contents, had a covenant known
-as the _[h.]ilf al-fo[d.]ûl_, which was made by taking Zemzem
-water and washing the corners of the Ka[(]ba with it, whereafter
-it was drunk by the parties concerned.[89] The blood-covenant is
-essentially based on the same idea as underlies the Moorish
-custom of sealing a compact of friendship by a common meal at the
-tomb of some saint, the meaning of which is obvious from the
-phrase that "the food will repay" him who breaks the compact.[90]
-
-[Footnote 82: _Cf._ Crawley, _Mystic Rose_, p. 236 _sq._]
-
-[Footnote 83: von Wlislocki, 'Menschenblut im Glauben der
-Zigeuner,' in _Am Ur-Quell_, iii. 64. Dörfler, 'Das Blut im
-magyarischen Volkglauben,' _ibid._ iii. 269 _sq._]
-
-[Footnote 84: Forbes, _A Naturalist's Wanderings in the Eastern
-Archipelago_, p. 452 (natives of Timor). Burns, 'Kayans of the
-North-West of Borneo,' in _Jour. of the Indian Archipelago_, iii.
-146 _sq._ New, _Life, Wanderings, and Labours in Eastern Africa_,
-p. 364 (Taveta). Decle, _Three Years in Savage Africa_, p. 494
-(Wakamba). Trumbull, _op. cit._ pp. 9, 20, 31, 42, 45-47, 53, 61
-_sq._ For the practice of sealing an agreement by transference of
-blood accompanied by an oath, see also Partridge, _Cross River
-Natives_, p. 191 (pagans of Obubura Hill district in Southern
-Nigeria).]
-
-[Footnote 85: Ellis, _History of Madagascar_, 187 _sqq._]
-
-[Footnote 86: Dumont d'Urville, _Voyage pittoresque autour du
-monde_, i. 81.]
-
-[Footnote 87: Hinde, _Last of the Masai_, p. 47. See also
-Johnston, _Uganda_, ii. 833.]
-
-[Footnote 88: Hinde, _op. cit._ p. 48.]
-
-[Footnote 89: Robertson Smith, _Marriage and Kinship in Early
-Arabia_, p. 56 _sqq._ _Cf._ Herodotus, iii. 8.]
-
-[Footnote 90: See _supra_, i. 587. According to another theory
-the inoculated blood is regarded as a pledge or deposit, which
-compels the person from whom it was drawn to be faithful to the
-person to whom it was transferred. Suppose that two individuals,
-A and B, become "blood-brothers" by mutual inoculation. Each,
-then, Mr. Crawley argues (_Mystic Rose_, p. 236 _sq._), has a
-part of the other in his keeping, each has "given himself away"
-to the other in a very real sense; and the possibility of mutual
-treachery or wrong is prevented both by the fact that injury done
-to B by A is considered equivalent to injury done by A to
-himself, and also by the belief that if B is wronged he may work
-vengeance by injuring the part of A which he possesses. To this
-explanation, however, serious objections may be raised. The
-belief in sympathetic magic does not imply that injury done to B
-by A is _eo ipso_ supposed to affect A himself through that part
-of him which has been deposited in B; it does not imply that two
-things which have once been conjoined remain, when quite
-dissevered from each other, in such a relation that "whatever is
-done to the one must similarly affect the other" (Frazer, _Golden
-Bough_, i. 49), unless there is an intention to this effect in
-the agent. The severed part then serves as a medium by which
-magic influence is transferred to the whole. Again, it is
-difficult to see how B could injure A through the part of him
-which he possesses when that part has been absorbed into his own
-system, as must be the case with those few drops of A's blood
-with which he was inoculated.]
-
-Besides marriage, local proximity, and a common descent, a common
-worship may tie people together into {210} social union. But
-among savages a religious community generally coincides with a
-community of some other kind. There are tutelary gods of
-families, clans, and tribes;[91] and a purely local group may
-also form a religious community by itself. Major Ellis observes
-that with some two or three exceptions all the gods worshipped by
-the Tshi-speaking tribes on the Gold Coast are exclusively local
-and have a limited area of worship. If they are nature-gods they
-are bound up with the natural objects they animate, if they are
-ghost-gods they are localised by the place of sepulture, and if
-they are tutelary deities whose origin has been forgotten their
-position is necessarily fixed by that of the town, village, or
-family they protect; in any case they are worshipped only by
-those who live in the neighbourhood, the only exceptions being
-the sky-god, the earthquake-god, and the goddess of the
-silkcotton trees, who are worshipped everywhere.[92]
-
-[Footnote 91: See _infra_, ch. l.]
-
-[Footnote 92: Ellis, _Yoruba-speaking Peoples of the Slave
-Coast_, p. 284 _sq._ For various instances of village gods see
-Turner, _Samoa_, p. 18; Crozet, _Voyage to Tasmania, &c._ p. 45
-(Maoris); Christian, _Caroline Islands_, p. 75 (natives of
-Ponape); Grierson, _Bih[=a]r Peasant Life_, p. 403 _sqq._]
-
-When the religious community is thus at the same time a family,
-clan, village, or tribe, it is of course impossible exactly to
-distinguish the social influence of the common religion from that
-exercised by marriage, local proximity, or a common descent. It
-seems, however, that the importance of the religious bond, or at
-least of the totem bond, has been somewhat exaggerated by a
-certain school of anthropologists. We are told that in early
-society "each member of the kin testifies and renews his union
-with the rest" by taking part in a sacrificial meal in which the
-totem god is eaten by his worshippers.[93] But no satisfactory
-evidence has ever been given in support of this theory. Sir J. G.
-Frazer knows only one certain case of a totem sacrament, namely,
-that prevalent among the Arunta and some other tribes in Central
-Australia,[94] who at the time of Intichiuma are in the habit of
-killing and eating totem animals; and this practice has nothing
-whatever {211} to do with the mutual relations between kindred.
-Its object is only to multiply in a magic manner the animals of
-certain species for the purpose of increasing the food-supply for
-other totemic groups.[95] In his book on Totemism Frazer
-writes:--"The totem bond is stronger than the bond of blood or
-family in the modern sense. This is expressly stated of the clans
-of western Australia and of north-western America, and is
-probably true of all societies where totemism exists in full
-force. Hence in totem tribes every local group, being necessarily
-composed (owing to exogamy) of members of at least two totem
-clans, is liable to be dissolved at any moment into its totem
-elements by the outbreak of a blood feud, in which husband and
-wife must always (if the feud is between their clans) be arrayed
-on opposite sides, and in which the children will be arrayed
-against either their father or their mother, according as descent
-is traced through the mother, or through the father."[96] In the
-two or three cases which Frazer quotes in support of his
-statement[97] the totemic group is identical with the clan; hence
-it is impossible to decide whether the strength of the tie which
-unites its members is due to the totem relationship or to the
-common descent. But even the combined clan and totem systems seem
-at most only in exceptional cases to lead to such consequences as
-are indicated by Frazer's authorities. With reference to the
-Australian aborigines Mr. Curr observes:--"Of the children of one
-father being at war with him, or with each other, on the ground
-of maternal relationship, or any other ground, my inquiries and
-experience supply no instances. To Captain Grey's statements,
-indeed, there are several objections."[98]
-
-[Footnote 93: Hartland, _op. cit._ ii. 236.]
-
-[Footnote 94: Frazer, _Golden Bough_, i. p. xix. _Cf._ _Idem_,
-_Totemism and Exogamy_, iv. 230 _sqq._]
-
-[Footnote 95: Spencer and Gillen, _Native Tribes of Central
-Australia_, ch. vi. _Iidem_, _Northern Tribes of Central
-Australia_, ch. ix. _sq._]
-
-[Footnote 96: Frazer, _Totemism_, p. 57.]
-
-[Footnote 97: Grey, _Journals of Expeditions in North-West and
-Western Australia_, ii. 230. Petroff, _Report on Alaska_, p. 165.
-Hardisty, 'Loucheux Indians,' in _Smithsonian Report_, 1866, p. 315.]
-
-[Footnote 98: Curr, _The Australian Race_, i. 67. In Hardisty's
-statement, referring to the Loucheux Indians, there is a
-conspicuous lack of definiteness. He says:--"In war it was not
-tribe against tribe, but division against division, and as the
-children were never of the same caste (clan) as the father, the
-children would, of course, be against the father and the father
-against the children. . . . This, however, was not likely to
-occur very often, as the worst of parents would have naturally
-preferred peace to war with his own children." Petroff's passage
-concerning the Thlinkets, referred to by Sir J. G. Frazer, simply
-runs:--"The ties of the totem or clanship are considered far
-stronger than those of blood relationship."]
-
-{212} Among the Arunta and some other Central Australian tribes
-we have fortunately an opportunity of studying the social
-influence of totemism apart from that of clanship, the division
-into totems being quite independent of the clan system. The whole
-district of a tribe may be mapped out into a large number of
-areas of various sizes, each of which centres in one or more
-spots where, in the dim past, certain mythical ancestors are said
-to have originated or camped during their wanderings, and where
-their spirits are still supposed to remain, associated with
-sacred stones, which the ancestors used to carry about with them.
-From these spirits have sprung, and still continue to spring,
-actual men and women, the members of the various totems being
-their reincarnations. At the spots where they remained, the
-ancestral spirits enter the bodies of women, and in consequence a
-child must belong to the totem of the spot at which the mother
-believes that it was conceived. A result of this is that no one
-totem is confined to the members of a particular clan or
-sub-clan,[99] and that though most members of a given horde or
-local group belong to the same totemic group, there is no
-absolute coincidence between these two kinds of organisation.[100]
-How, then, does the fact that two persons belong to the same
-totem influence their social relationships? "In these tribes,"
-say Messrs. Spencer and Gillen, "there is no such thing as the
-members of one totem being bound together in such a way that they
-must combine to fight on behalf of a member of the totem to which
-they belong. . . . The men to assist a particular man in a
-quarrel are those of his locality, and not of necessity those of
-the same totem as himself, indeed the latter consideration does
-not enter into account and in this as in other matters we see the
-strong {213} development of what we have called the 'local
-influence.' . . . The men who assist him are his brothers, blood
-and tribal, the sons of his mother's brothers, blood and tribal.
-That is, if he be a Panunga man he will have the assistance of
-the Panunga and Ungalla men of his locality, while if it comes to
-a general fight he will have the help of the whole of his local
-group. . . . It is only indeed during the performance of certain
-ceremonies that the existence of a mutual relationship,
-consequent upon the possession of a common totemic name, stands
-out at all prominently. In fact, it is perfectly easy to spend a
-considerable time amongst the Arunta tribe without even being
-aware that each individual has a totemic name."[101]
-
-[Footnote 99: Spencer and Gillen, _Native Tribes of Central
-Australia_, ch. iv.]
-
-[Footnote 100: _Ibid._ pp. 9, 32, 34.]
-
-[Footnote 101: Spencer and Gillen, _Native Tribes of Central
-Australia_, pp. 34, 544.]
-
-When from the savage and barbarous races of men we pass to
-peoples of a higher culture, as they first appear to us in the
-light of history, we meet among them social units similar in kind
-to those prevalent at lower stages of civilisation: the family,
-clan, village, tribe. We also find among them, side by side with
-the family consisting of parents and children, a larger family
-organisation, which, though not unknown among the lower races,
-assumes particular prominence in the archaic State.
-
-In China the family generally remains undivided till the children
-of the younger sons are beginning to grow up. Then the younger
-branches of the family separate, and form their own households.
-But the new householders continue to take part in the ancestral
-worship of the old home; and mourning is worn in theory for four
-generations of ascendants and descendants in the direct line, and
-for contemporaries descended in the same fifth generation from
-the "honoured head" of the family.[102] At the same time we find
-in China at least traces of a clan organisation. Large bodies of
-persons bear the same surname, and a penalty is inflicted on
-anyone who marries a person with the same surname as his own,
-whilst a man is strictly forbidden to nominate as his heir {214}
-an individual of a different surname.[103] Moreover, there are
-whole villages composed of relatives all bearing the same
-ancestral name. "In many cases," says Mr. Doolittle, "for a long
-period of time no division of inherited property is made in rural
-districts, the descendants of a common ancestor living or working
-together, enjoying and sharing the profits of their labours under
-the general direction and supervision of the head of the clan and
-the heads of the family branches. . . . There may be only one
-head of the clan. Under him there are several heads of
-families."[104]
-
-[Footnote 102: Simcox, _Primitive Civilizations_, ii. 303, 493, 69.]
-
-[Footnote 103: Medhurst, 'Marriage, Affinity, and Inheritance in
-China,' in _Trans. Roy. Asiatic Soc. China Branch_, iv. 21, 22, 29.]
-
-[Footnote 104: Doolittle, _Social Life of the Chinese_, ii. 225
-_sqq._]
-
-The "four generations" of the Chinese, comprising those who are
-regarded as near relatives, have their counterpart in the family
-organisation of most so-called Aryan peoples. The Roman
-Propinqui--that is, parents and children, brothers and sisters,
-uncles and aunts, nephews and nieces, first cousins
-(_consobrini_) and second cousins (_sobrini_)--exactly
-corresponded to the Anchisteis of the Greeks, the Sapindas of the
-Hindus,[105] and the "Syngeneis" of the Persians.[106] The
-persons belonging to these four generations stood in a
-particularly close relationship to each other. They had mutual
-rights and duties of various kinds. In early times, if one of
-them was killed, the survivors had to avenge his death. They were
-expected to assist each other whenever it was needed, especially
-before the court. They celebrated in common feasts of rejoicing
-and feasts for the dead. They had a common cult and common
-mourning. In short, they formed an enlarged family unit of which
-the individual families were merely sub-branches, even though
-{215} they did not necessarily live in the same house.[107] In
-India we still meet with a perishable survival of this
-organisation. "In the Joint Family of the Hindus," says Sir Henry
-Maine, ". . . . the agnatic group of the Romans absolutely
-survives--or rather, but for the English law and English courts,
-it would survive. Here there is a real, thoroughly ascertained
-common ancestor, a genuine consanguinity, a common fund of
-property, a common dwelling."[108] The Gwentian, Dimetian, and
-Venedotian codes likewise represent the homestead and land of the
-free Welshman as a family holding. "So long as the head of the
-family lived," says Mr. Seebohm, "all his descendants lived with
-him, apparently in the same homestead, unless new ones had
-already been built for them on the family land. In any case, they
-still formed part of the joint household of which he was the
-head. When a free tribesman, the head of a household, died, his
-holding was not broken up. It was held by his heirs for three
-generations as one joint holding."[109] So also among the
-subdivisions of ancient Irish society there was one which
-comprised the "near relatives," the Propinqui of the Romans.[110]
-Many of the South Slavonians to this day live in house
-communities each consisting of a body of from ten to sixty
-members or even more, who are blood-relations to the second or
-third degree on the male side, and who associate in a common
-dwelling or group of dwellings, having their land in common,
-following a common occupation, and being governed by a common
-chief.[111] Among the Russians, {216} too, there are households
-of this kind, containing the representatives of three
-generations; and previous to the emancipation of the serfs in
-1861 such households were much more common than they are
-now.[112] The ancient Teutons are the only "Aryan" race among
-whom the joint family organisation cannot be proved to have
-prevailed.[113]
-
-[Footnote 105: _Baudhâyana_, i. 5. 11. 9:--"The great-grandfather,
-the grandfather, the father, oneself, the uterine brothers, the
-son by a wife of equal caste, the grandson, and the
-great-grandson--these they call Sapindas, but not the
-great-grandson's son." _Laws of Manu_, ix. 186:--"To three
-ancestors water must be offered, to three the funeral cake is
-given, the fourth descendant is the giver of these oblations, the
-fifth has no connection with them." _Cf._ Jolly, 'Recht und
-Sitte,' in Bühler, _Grundriss der indo-arischen Philologie_,
-ii. 85.]
-
-[Footnote 106: Brissonius, _De regio Persarum principatu_, i.
-207, p. 279. Leist, _Alt-arisches Jus Civile_, i. 47 _sqq._]
-
-[Footnote 107: Klenze, 'Die Cognaten und Affinen nach Römischem
-Rechte in Vergleichung mit andern verwandten Rechten,' in
-_Zeitschr. f. geschichtliche Rechtswiss._ vi. 5 _sqq._ Leist,
-_Alt-arisches Jus Civile_, i. 231 _sqq._ Rivier, _Précis du droit
-de famille romain_, p. 34 _sqq._]
-
-[Footnote 108: Maine, _Dissertations on Early Law and Custom_,
-p. 240.]
-
-[Footnote 109: Seebohm, _English Village Community_, p. 193.
-_Idem_, _Tribal System in Wales_, p. 89 _sqq._]
-
-[Footnote 110: Maine, _Early History of Institutions_, p. 90
-_sq._ Leist, _Alt-arisches Jus Civile_, i. Anhang i.]
-
-[Footnote 111: Krauss, _Sitte und Brauch der Südslaven_, pp. 75,
-79 _sqq._ Maine, _Dissertations on Early Law and Custom_, p. 241
-_sqq._ Utie[vs]enovi['c], _Die Hauskommunionen der Südslaven_, p. 20
-_sqq._ Miler, 'Die Hauskommunion der Südslaven,' in _Jahrbuch d.
-internat. Vereinigung f. vergl. Rechtswiss._ iii. 199 _sqq._]
-
-[Footnote 112: Mackenzie Wallace, _Russia_, i. 134. von Hellwald,
-_Die menschliche Familie_, p. 506 _sq._ Kovalewsky, _Modern
-Customs and Ancient Laws of Russia_, p. 53 _sq._]
-
-[Footnote 113: See Leist, _Alt-arisches Jus Civile_, i. Anhang i.]
-
-Among all these peoples a number of kindred families or joint
-families were united into a larger social group forming a village
-community or a cluster of households. The Vedic people called
-such a body of kindred _janman[=a]_ or simply _gr[=a]ma_, which
-means "village";[114] and the same organisation still survives in
-India, though in a modified form. The type of Indian village
-communities which has been described by Sir Henry Maine is at
-once an assemblage of co-proprietors and an organised patriarchal
-society, providing for the management of the common fund and
-generally also for internal government, police, the
-administration of justice, and the apportionment of taxes and
-public duties. Unlike the joint family, the related families of
-the village community no longer hold their land as an
-indistinguishable common fund: they have portioned it out, at
-most they redistribute it periodically, and are thus on the high
-road to modern landed proprietorship. And whilst the joint family
-is a narrow circle of persons actually related to each other, the
-village community has very generally been adulterated by the
-admission of strangers, especially purchasers of shares, who have
-from time to time been engrafted on the original stock of
-blood-relatives. Yet in all such cases there is the assumption of
-an original common parentage; hence the Hindu village community
-of the type indicated, whenever it is not actually an association
-of kinsmen, is always a body of co-proprietors formed on the
-model of such an association.[115]
-
-[Footnote 114: Zimmer, _Altindisches Leben_, p. 159 _sq._]
-
-[Footnote 115: Maine, _Ancient Law_, p. 260 _sqq._ _Idem_,
-_Dissertations on Early Law and Custom_, p. 240. Elphinstone,
-_History of India_, p. 68 _sqq._ Mr. Baden-Powell (_Indian
-Village Community_, p. 3 _sqq._) has shown that Sir Henry Maine's
-general description of Indian village communities holds true only
-of a certain class of villages in India.]
-
-{217} Corresponding to the Vedic _gr[=a]ma_ there were the
-Iranian _viç_, the Greek _genos_, and the Roman _gens_; and as
-among the Vedic people several _gr[=a]mas_ formed a _viç_ and
-several _viçs_ a _jana_,[116] so the Iranian _viç_, the Greek
-_genos_, and the Roman _gens_ were, respectively, subdivisions of
-a _zantu_, _phratria_, and _curia_; and these again were
-subdivisions of a still more comprehensive unit, a _daqyu_,
-_phyle_, and _tribus_.[117] The Roman territory was in earliest
-times divided into a number of clan-districts, each inhabited by
-a particular _gens_, which was thus a group associated at once by
-locality and by a common descent. Whilst each household had its
-own portion of land, the clan-household or village had a
-clan-land belonging to it, and this clan-land was managed up to a
-comparatively late period after the analogy of household-land,
-that is, on the system of joint-possession, each clan tilling its
-own land and thereafter distributing the produce among the
-several households belonging to it. Even the traditions of Roman
-law furnish the information that wealth consisted at first in
-cattle and the usufruct of the soil, and that it was not till
-later that land came to be distributed among the burgesses as
-their own special property.[118] Still in historical times, if a
-person left no sons or agnates living at his death, the
-inheritance escheated to the _gentiles_, or entire body of Roman
-citizens bearing the same name with the deceased, whereas no part
-of it was given to any relative united, however closely, with the
-dead man through female descent.[119] But as the Hindu village
-community, so also the Roman _gens_, though originally a group of
-blood-relatives inhabiting a common district, was already in
-early times recruited from men of alien extraction who were
-assumed to be descended from a common ancestor. And it is
-difficult to believe {218} that either in Rome or Greece even the
-fiction of a common origin could be preserved for long when the
-organisation of the people into gentes, phratries, and tribes was
-adopted by the State as a system of political division and their
-numbers were fixed.[120] When the _genos_ and _gens_ first appear
-to us in history they were mere dwindling survivals, except in
-one respect: they remained, as they had been from the
-outset,[121] religious communities long after they had lost all
-other practical importance. This was especially the case at
-Athens, where certain reputed gentes for centuries continued to
-play a prominent part in the religious cult;[122] and the Romans
-seem to have preserved their _gentilicia sacra_ still in Cicero's
-time.[123]
-
-[Footnote 116: Zimmer, _op. cit._ p. 159 _sq._]
-
-[Footnote 117: Leist, _Græco-italische Rechtsgeschichte_, p. 104
-_sq._]
-
-[Footnote 118: Mommsen, _History of Rome_, i. 45, 46, 238.]
-
-[Footnote 119: Maine, _Ancient Law_, p. 220 _sq._ Fustel de
-Coulanges, _La Cité antique_, p. 126.]
-
-[Footnote 120: Leist, _Græco-italische Rechtsgeschichte_, p. 150
-_sqq._ It is expressly said that at Athens the members of the
-same [Greek: ge/nos] were not necessarily regarded as
-blood-relations (see Bunsen, _De jure hereditario Atheniensium_,
-p. 104, n. 28).]
-
-[Footnote 121: Schoemann, _Griechische Alterthümer_, ii. 548
-_sqq._ Marquardt, _Römische Staatsverwaltung_, iii. 126, 130.
-Fustel de Coulanges, _op. cit._ p. 124 _sqq._]
-
-[Footnote 122: Leist, _Græco-italische Rechtsgeschichte_, p. 159
-_sq._]
-
-[Footnote 123: Cicero, _Pro domo_, 13 (34).]
-
-In ancient Wales districts were occupied by tribes under their
-petty kings or chiefs, and the tribe (_cenedl_) was a bundle of
-kindreds "bound together and interlocked by common interests and
-frequent intermarriages, as well as by the necessity of mutual
-protection against foreign foes."[124] A group of households,
-again, corresponding to the Roman _gens_ formed a _trev_, which
-was a cluster of scattered households, "not necessarily a village
-in the modern sense."[125] The same seems to have been the case
-with the Teutonic _vici_, spoken of by Tacitus;[126] but that
-among the Teutons, also, the people of the same neighbourhood
-were blood-relatives may be directly inferred from a statement
-made by Cæsar.[127] They were not much addicted to
-agriculture,[128] and "the dreary world" they inhabited, with its
-desert aspect, its harsh climate, its lack of cultivation, was
-not {219} favourable to the formation of permanent large social
-bodies of great cohesiveness. However, we meet among them social
-units which Cæsar calls _regiones_ or _pagi_[129] of which the
-_vici_ may be assumed to have been subdivisions. Among the highly
-agricultural Slavonians, on the other hand, we find even in the
-present time a social organisation very similar to that of the
-Hindus. The South Slavonians, as we have seen, live in house
-communities corresponding to the joint families in India. Now,
-when the members of a house community, or _zadruga_--as it is
-often called--become too numerous, a separation takes place, and
-the emigrants form new households by themselves. A _zadruga_ is
-thus gradually expanded into a _bratstvo_, or brotherhood--a
-group of related house communities which not only feel themselves
-as branches of the same stock, but still have certain practical
-interests in common and a common chief. Several _bratstva_,
-finally, form a _pleme_, or tribe.[130] Among the Russians,
-again, the family, or joint family, has developed into a _mir_,
-or village community, composed of an assemblage of separate
-houses each ruled by its own head, but with a common village
-chief elected by the heads of the various households. The Russian
-_mir_ is an institution very similar to the Hindu village
-community described above. The land belongs to the community, and
-in earlier days it was probably cultivated in common. At present
-it is divided between the component families, the lots shifting
-among them periodically, or perhaps vesting in them as their
-property, but always subject to a power in the collective body of
-villagers to veto its sale. Originally the _mir_ was also a group
-of kindred; but, as in the Hindu village community, the tie of
-blood has been greatly weakened by all sorts of fictions and the
-admission of so many strangers that the tradition of a common
-origin is dim or lost.[131]
-
-[Footnote 124: Seebohm, _English Village Community_, p. 190.
-_Idem_, _Tribal System in Wales_, p. 61.]
-
-[Footnote 125: _Idem_, _English Village Community_, p. 343.]
-
-[Footnote 126: Tacitus, _Germania_, 16. _Cf._ Hildebrand, _op.
-cit._ p. 105 _sqq._]
-
-[Footnote 127: Cæsar, _De bello Gallico_, vi. 22:--"Magistratus
-ac princeps in annos singulos gentibus cognationibusque hominum,
-qui una coierint, quantum, et quo loco visum est, agri attribuunt."]
-
-[Footnote 128: _Ibid._ vi. 22.]
-
-[Footnote 129: Cæsar, _De bello Gallico_, vi. 23.]
-
-[Footnote 130: Krauss, _op. cit._ pp. 2, 32 _sqq._ von Hellwald,
-_op. cit._ p. 502 _sq._ Grosse, _op. cit._ p. 204 _sq._]
-
-[Footnote 131: de Laveleye, _De la propriété_, p. 12 _sqq._
-Maine, _Dissertations on Early Law and Custom_, p. 261 _sq._]
-
-In the social organisation of all these peoples there is {220}
-thus originally a general congruity between the principle of
-local proximity and the principle of descent. On the one hand,
-all freemen, all true members of the society, who belong to the
-same local group, are at the same time kinsmen; on the other
-hand, all persons who are united by the tie of a common descent
-belong to the same or neighbouring local groups. The cause of
-this congruity is the universal prevalence of the paternal system
-of descent. Whether the case was different in prehistoric times
-is an open question. That the ancient Chinese reckoned kinship
-through the mother, not through the father, has been conjectured
-on philological grounds,[132] as to the plausibility of which I
-can express no opinion. Several writers have also endeavoured to
-prove that the uterine line of descent prevailed among the
-primitive Aryans, but the evidence is far from being conclusive.
-I agree with Professor Leist that all so-called survivals of a
-system of maternal descent in the prehistoric antiquity of the
-"Aryan" races are doubtful, if not false.[133] As regards the
-Teutons, much importance has been attributed to the specially
-close connection which, according to Tacitus, existed between a
-sister's children and their mother's brothers;[134] but, as
-Professor Schrader remarks, in spite of the prominent position of
-the maternal uncle among Teutonic peoples, the _patruus_
-distinctly came before the _avunculus_, the agnates before the
-cognates, in testamentary succession.[135] The existence of a
-custom which in some respect recognises uterine relationship does
-not prove the earlier prevalence of the full maternal system of
-descent, to the exclusion of the paternal.
-
-[Footnote 132: Puini, quoted by Grosse, _op. cit._ p. 193.]
-
-[Footnote 133: Leist, _Alt-arisches Jus Gentium_, p. 58. _Idem_,
-_Alt-arisches Jus Civile_, i. 490.]
-
-[Footnote 134: Tacitus, _Germania_, 20.]
-
-[Footnote 135: Schrader, _Prehistoric Antiquities of the Aryan
-Peoples_, p. 395.]
-
-Progress in civilisation is up to a certain point connected with
-social expansion. Among savages the largest permanent social unit
-is generally the tribe, and even the tribal bond is often very
-loose, if not entirely wanting. It is true that associations of
-tribes occur even among so {221} low a race as the Australian
-aborigines, but unaccompanied by any kind of political
-organisation.[136] At a somewhat higher stage we meet with the
-famous league of the Iroquois--a federation on republican
-principles of five distinct tribes, which could point to three
-centuries of uninterrupted domestic unity and peace[137]--and the
-kingdoms of various African potentates. Civilisation only thrives
-in states. From small beginnings round the lake of Mexico the
-Aztecs gradually succeeded, through conquest, in forming an
-empire which covered probably almost sixteen thousand square
-leagues. However, between the various tribes lay broad belts of
-uninhabited territory, which enabled them to keep up a shy and
-exclusive attitude towards each other; and at the time of the
-Spanish conquest the empire of Mexico was, in fact, little more
-than "a chain of intimidated Indian tribes, who, kept apart from
-each other under the influence of mutual timidity, were held down
-by dread of attacks from an unassailable robber-stronghold in
-their midst."[138] In South America, in a long course of ages,
-six nations inhabited the region which extends from the
-water-parting between the basins of the Huallaga and Ucayali to
-that between the basins of the Ucayali and Lake Titicaca. When
-increasing population brought them in contact with each other, a
-struggle for supremacy ended in the mastery of the fittest--the
-Incas; and the empire of the latter was subsequently extended by
-the subjugation of a variety of other nations or tribes.[139] The
-extent of territory claimed for ancient China by the earliest
-records is more than double the size of modern France, and,
-though it was often divided into different states, the great
-dynasties ruled over the whole of it.[140] The two crowns of
-Upper and Lower Egypt were united at a {222} very early date; and
-no less imposing was the great kingdom of Babylon and Assur. We
-may assume that all these empires were formed by an association,
-either voluntary or forcible, of different tribes, as was the
-case with those states with whose origin and early growth we are
-somewhat better acquainted. As late as the time of the Judges the
-tribes of Israel either stood each entirely alone or formed
-smaller groups, and there was no such thing as an Israelitish
-nation in a political sense until the unity of the people came
-into being under Samuel and the first kings.[141] The Vedic
-people consisted of a great number of independent tribes, between
-which only temporary alliances were made for the sake of defence
-or attack. But gradually the alliances grew more permanent;
-war-kings united several tribes, surrounded themselves with a
-military nobility, and founded great kingdoms.[142] In Greece and
-Italy the states grew out of forts which had been built on
-elevated places to serve as common strongholds or places of
-refuge in case of war. Several tribes united so as to be better
-able to resist dangerous enemies, and one of the fortified towns
-in time gained supremacy over all others in the neighbourhood, as
-Athens did in Attica and Alba Longa in Latium. Similar districts,
-ruled by a town, were called _poleis_ or _civitates_.[143] In
-historical times attempts were made to carry this process further
-by joining several of the small states under the rule of one. In
-this Sparta and Athens failed, whereas the efforts of Rome met
-with unequalled success.
-
-[Footnote 136: Curr, _The Australian Race_, i. 62 _sq._]
-
-[Footnote 137: Morgan, _League of the Iroquois_, p. 141.]
-
-[Footnote 138: Scheppig, 'Ancient Mexicans,' &c. p. 6, in
-Spencer's _Descriptive Sociology_. Prescott, _History of the
-Conquest of Mexico_, p. 4. Ratzel, _History of Mankind_,
-ii. 199, 202.]
-
-[Footnote 139: Markham, 'Geographical Positions of the Tribes
-which formed the Empire of the Yncas,' in _Jour. Roy. Geo. Soc._
-xli. 287 _sqq._]
-
-[Footnote 140: Simcox, _op. cit._ ii. 10, 13.]
-
-[Footnote 141: Kuenen, _Religion of Israel_, i. 133.]
-
-[Footnote 142: Zimmer, _Altindisches Leben_, pp. 158, 192 _sq._]
-
-[Footnote 143: Leist, _Græco-italische Rechtsgeschichte_, p. 109
-_sqq._]
-
-The development of the State tended to weaken or destroy the
-smaller units of which it was composed. The central power,
-hostile to separatism, naturally endeavoured to appropriate the
-authority invested in the latter, and in a well-governed state
-these on their part had little reason to resist. The main object
-of the clan, phratry, and tribe was to protect their respective
-members; hence they became superfluous in the presence of a
-powerful national {223} government which unselfishly and
-impartially looked after the interests of its various subjects.
-Adam Smith contrasts the strong clan-feeling which still in the
-eighteenth century prevailed among the Scotch Highlanders with
-the little regard felt for remote relatives by the English, and
-observes that in countries where the authority of the law is not
-sufficiently strong to give security to every member of the State
-the different branches of the same family choose to live in the
-neighbourhood of one another, their association being frequently
-necessary for their common defence; whereas in a country like
-England, where the authority of the law was well established,
-"the descendants of the same family, having no such motive for
-keeping together, naturally separate and disperse, as interest or
-inclination may direct."[144] It seems also probable that the
-persistency of the village community or the gentile system among
-the Hindus and Slavs has been largely due to the weakness of the
-State or to the badness of the government.
-
-[Footnote 144: Smith, _Theory of Moral Sentiments_, p. 326 _sq._]
-
-As the larger units, so the family also was influenced by the
-rise of the State, but originally in quite the opposite
-direction. Whilst the former dwindled away, the family grew in
-importance. Nowhere do we find the family-tie stronger, nowhere
-does the father or eldest male ascendant possess greater power
-than in the archaic State. In a previous chapter I have already
-tried to explain this singular fact. I pointed out that in early
-society there seems to be a certain antagonism between the family
-and the clan, that the family was strengthened because the clan
-was weakened, that the father became a patriarch only as the
-inheritor of the authority which formerly belonged to the clan.
-But we have also noticed that at a higher stage the family again
-lost in importance.[145]
-
-[Footnote 145: _Supra_, i. 627 _sq._]
-
-It seems that the tribes which united into one nation or state
-were normally, in the first instance, branches of the same stock,
-living in the same neighbourhood and speaking {224} the same
-language, though with dialectic differences. Like the smaller
-units, such a state was no doubt frequently adulterated by the
-amalgamation of aliens, but here again fictions were substituted
-for realities, and the foreign extraction was forgotten. The case
-was different, however, when the commonwealth was formed or
-aggrandised by the subjugation of a strange race. Instead of
-being adopted into the circle of the conquerors, the subdued
-people were treated as their inferiors in blood, civic rights
-were denied to them, and in many cases they were kept in
-servitude; thus even here the principle of a common origin as the
-base of citizenship was preserved, the conquerors being the only
-citizens in the full sense of the term. But however strong and
-durable similar barriers may be, they are not imperishable. The
-different races inhabiting the same country under the same
-government tend to draw nearer each other, the inferior race is
-incorporated with the nation, and local proximity instead of
-descent at last becomes the basis of community in political
-functions. This change, however, was neither so radical nor so
-startling as it has been represented to be;[146] fictions on a
-large scale still formed a bridge between ancient and modern
-ideas. Sir Henry Maine says that we cannot now hope to understand
-the good faith of the fiction by which in early times the
-incoming population were assumed to be descended from the same
-stock as the people on whom they were engrafted.[147] But is this
-good faith more astonishing than the readiness with which a
-common language, in spite of the most obvious facts to the
-contrary, is even now constantly taken as the sign of a common
-origin? Though identity of language, even in the case of whole
-peoples, proves nothing more than contact or neighbourhood, a
-person's mother-tongue popularly decides his race, and language
-and nationality are regarded almost as synonymous. Genealogical
-fictions, then, are not merely a thing of the past, nor have they
-ceased to influence political ideas. The modern theory of {225}
-nationalism vindicates the right of the strongest nationality to
-absorb the other nationalities living within the same state by a
-method of compulsory engraftment, and this can be effected only
-by their accepting its language. But this theory is not so much
-concerned with language as such, as with language as an emblem of
-nationality. At the bottom of it is the narrow feeling of racial
-intolerance, quite ready however to be appeased by a fiction. The
-doctrine of nationalism is the spectre of the same political
-principle--the principle of a common descent, either real or
-fictitious--on which states were founded and governed when
-civilisation was in its cradle.
-
-[Footnote 146: Maine, _Ancient Law_, p. 129.]
-
-[Footnote 147: _Ibid._ p. 131.]
-
-Like the smaller units, the archaic State was not only a
-political but at the same time a religious community. Over and
-above all separate cults there was one religion common to all its
-citizens. In ancient Mexico and Peru it was the religion of the
-dominant people, the worship of the god of war or of the sun; and
-the sovereigns themselves were regarded as incarnations or
-children of this god.[148] In other cases the state religion
-arose by a fusion of different cults. The gods of the communities
-which united into a state not only continued to receive the
-worship of their old believers, but were elevated to the rank of
-national deities, and formed together a heavenly commonwealth to
-which the earthly commonwealth jointly paid its homage. In this
-way, it seems, the Roman,[149] Egyptian,[150] Assyrian, and
-Babylonian[151] pantheons were recruited; whilst the Greeks went
-a step further and, already in prehistoric times, constructed a
-Pan-Hellenic Olympus.[152] Sometimes also, as Professor Robertson
-Smith points out, different gods were themselves fused into one,
-as when the mass of the Israelites in their local worship of
-Yahveh identified him with the Baalim of the Canaanite high
-places, and carried {226} over into his worship the ritual of the
-Canaanite shrines, not deeming that in so doing they were less
-truly Yahveh-worshippers than before.[153]
-
-[Footnote 148: Ratzel, _op. cit._ ii. 199 _sq._ Markham, _History
-of Peru_, p. 23.]
-
-[Footnote 149: _Cf._ von Jhering, _Geist des römischen Rechts_,
-i. 269.]
-
-[Footnote 150: Wiedemann, _Religion of the Ancient Egyptians_,
-p. 148.]
-
-[Footnote 151: Mürdter-Delitzsch, _Geschichte Babyloniens und
-Assyriens_, p. 24. Robertson Smith, _Religion of the Semites_,
-p. 39.]
-
-[Footnote 152: _Cf._ Rohde, _Psyche_, p. 36.]
-
-[Footnote 153: Robertson Smith, _op. cit._ p. 38.]
-
-Nobody will deny that the common religion added strength to the
-State, but it seems that its national importance has often been
-overrated. On the one hand, the political fusion between
-different communities took place before the religious fusion and
-was obviously the cause of it; on the other hand, the mere tie of
-a common religion has never proved sufficient to bind together
-neighbouring tribes or peoples so as to form one nation. The
-Greek states had both the same religion and the same language,
-but nevertheless remained distinct states. Professor Seeley's
-assertion that "in the East to this day nationality and religion
-are almost convertible terms,"[154] is very far from the truth.
-Wallin, who had exceptional opportunities to study the feelings
-of different Muhammedan nationalities, observes that "every
-Oriental people has a certain national aversion to every other,
-and even the inhabitants of one province to those of another. The
-Turk does not readily tolerate the Arab, nor the Persian, and
-these feel similarly towards the Turk; the Arab does not get on
-well with the Persian, nor the Persian with the Arab; the Syrian
-does not like the Egyptian, whom he calls inhuman, and the latter
-does not willingly associate with the Syrian, whom he calls
-simple-minded and stupid; and the son of the desert condemns
-both."[155] It sometimes seems as if the national spirit of a
-people rather influenced its religion than was influenced by it.
-Patriotism has even succeeded in nationalising the greatest enemy
-of nationalities, Christianity, and has well nigh revived the old
-notion of a national god, whose chief business is to look after
-his own people and, especially, to fight its battles.
-
-[Footnote 154: Seeley, _Natural Religion_, p. 229.]
-
-[Footnote 155: Wallin, _Anteckningar från Orienten_, iv. 181 _sq._]
-
-It is obvious that the various aspects of social development
-{227} which we have now considered have exercised much influence
-upon the altruistic sentiment. The combination of local proximity
-and political unity, the notion of a common descent, and the
-fellowship of a common religion, tend to engender friendly
-feelings between the members of each respective group. Hence,
-when the political unit grew larger, when the idea of kinship
-developed into that of racial affinity, and when the same
-religion became common to all the citizens of the State, or, as
-happened in several cases, extended beyond the limits of any
-particular country or nation, the altruistic sentiment underwent
-a corresponding expansion--unless, of course, it was checked by
-some rival influence. The increasing coherence of the political
-aggregate, again, added to the strength of this sentiment; and so
-did the antagonism towards foreign communities and the natural
-antipathy or hatred to their members. As people like that to
-which they are used or which is their own, they dislike that
-which is strange or unfamiliar. Among ourselves we notice this
-particularly in children[156] and uneducated persons, whose anger
-may be aroused by the sight of a black skin or an oriental dress
-or the sounds of a strange language. Antipathies of this kind
-have directly influenced the moral valuation of conduct towards
-foreigners; but at the same time they have also strengthened the
-feelings of mutual goodwill between tribesmen or compatriots. For
-likes and dislikes are increased by the contrast; to hate a thing
-makes us better love its opposite. So also the competition and
-enmity which prevail between different communities tend within
-each community to intensify its members' devotion to the common
-goal and their friendly feelings towards one another.
-
-[Footnote 156: Compayré, _op. cit._ p. 100:--"Tout ce qui est
-inattendu, imprévu, est insupportable à l'enfant, et provoque
-soit la peur, soit plus tard la colère. J'ai vu un de mes fils, à
-quatre ans et demi, entrer dans de véritables rages, toutes les
-fois que je lui parlais dans le patois de mon pays."]
-
-But the altruistic sentiment has not necessarily reference only
-to individuals belonging to the same social unit. {228}
-Gregarious animals may be kindly disposed to any member of their
-species which is not an object of their anger or their fear.
-Savages have shown themselves capable of tender feelings towards
-suffering and harmless strangers.[157] The sensibility of little
-children sometimes goes beyond the circle of the family; Madame
-Manacéine tells us of a girl two years old who, in the Zoological
-Gardens at St. Petersburg, began to cry bitterly when she saw an
-elephant walking over the keeper's body, although the other
-spectators were quietly watching the trick.[158] In mankind
-altruism has been narrowed by social isolation, by differences in
-race, language, habits, and customs, by enmity and suspicion. But
-increased intercourse has gradually led to conditions favourable
-to its expansion. As Buckle remarks, ignorance is the most
-powerful of all the causes of national hatred; "when you increase
-the contact, you remove the ignorance, and thus you diminish the
-hatred."[159] People of different nationalities feel that in
-spite of all dissimilarities between them there is much that they
-have in common; and frequent intercourse makes the differences
-less marked, or obliterates many of them altogether. There can be
-no doubt that this process will go on in the future. And equally
-certain it is that similar causes will produce similar
-effects--that altruism will continue to expand, and that the
-notion of a human brotherhood will receive more support from the
-actual feelings of mankind than it does at present.
-
-[Footnote 157: See _supra_, i. 570-572, 581.]
-
-[Footnote 158: Manacéine, _Le surmenage mental dans la
-civilisation moderne_, p. 248. See also Compayré, _op. cit._
-p. 323.]
-
-[Footnote 159: Buckle, _History of Civilization in England_,
-i. 222.]
-
-
-
-
-CHAPTER XXXV
-
-SUICIDE
-
-
-IN previous chapters we have discussed the moral valuation of
-acts, forbearances, and omissions, which directly concern the
-interests of other men; we shall now proceed to consider moral
-ideas regarding such modes of conduct as chiefly concern a man's
-own welfare. Among these we notice, in the first place, acts
-affecting his existence.
-
-Suicide, or intentional self-destruction, has often been
-represented as a fruit of a higher civilisation; Dr. Steinmetz,
-on the other hand, in his essay on 'Suicide among Primitive
-Peoples,' thinks it probable that "there is a greater propensity
-to suicide among savage than among civilised peoples."[1] The
-former view is obviously erroneous; the latter probably holds
-good of certain savages as compared with certain peoples of
-culture, but cannot claim general validity.
-
-[Footnote 1: Steinmetz, 'Suicide among Primitive Peoples,' in
-_American Anthropologist_, vii. 60.]
-
-Among several uncivilised races suicide is said to be unknown.[2]
-To these belong some of the lower savages--the Yahgans of Tierra
-del Fuego,[3] the Andaman Islanders,[4] {230} and various
-Australian tribes;[5] whilst as regards most other tribes at
-about the same stage of culture information seems to be wanting.
-Of the natives in Western and Central Australia Sir G. Grey
-writes, "Whenever I have interrogated them on this point, they
-have invariably laughed at me, and treated my question as a
-joke."[6] When a Caroline Islander was told of suicides committed
-by Europeans, he thought that he had not grasped what was said to
-him, as he never in his life had heard of anything so
-ridiculous.[7] The Káfirs of the Hindu-Kush, though they have no
-intense fear of death, cannot understand suicide; "the idea of a
-man killing himself strikes them as inexplicable."[8]
-
-[Footnote 2: Paulitschke, _Ethnographie Nord-ost-Afrikas_, p. 205
-(Danakil and Galla). Munzinger, _Ostafrikanische Studien_, p. 532
-(Barea and Kunáma). New, _Life, Wanderings, and Labours in
-Eastern Africa_, p. 99 (Wanika). Felkin, 'Notes on the For Tribe
-of Central Africa,' in _Proceed. Roy. Soc. Edinburgh_, xiii. 231.
-Lumholtz (_Unknown Mexico_, i. 243) thinks it is doubtful whether
-a pagan Tarahumare ever killed himself.]
-
-[Footnote 3: Bridge, in _South American Missionary Magazine_,
-xiii. 211.]
-
-[Footnote 4: Man, _Jour. Anthr. Inst._ xii. 111.]
-
-[Footnote 5: Grey, _Expeditions of Discovery in North-West and
-Western Australia_, ii. 248. Curr, _Recollections of Squatting in
-Victoria_, p. 277 (Bangerang). Among the tribes of Western
-Victoria described by Mr. Dawson (_Australian Aborigines_, p. 62)
-suicide is not unknown, though it is uncommon; "if a native
-wishes to die, and cannot get any one to kill him, he will
-sometimes put himself in the way of a venomous snake, that he may
-be bitten by it."]
-
-[Footnote 6: Grey, _op. cit._ ii. 248.]
-
-[Footnote 7: von Kotzebue, _Voyage of Discovery into the South
-Sea_, iii. 195.]
-
-[Footnote 8: Scott Robertson, _Káfirs of the Hindu-Kush_, p. 381.]
-
-Among many savages and barbarians suicide is stated to be very
-rare,[9] or to occur only occasionally;[10] whereas {231} among
-others it is represented as either common or extremely
-prevalent.[11] Of the Kamchadales we are told that the least
-apprehension of danger drives them to despair, and that they fly
-to suicide as a relief, not only from present, but even from
-imaginary evil; "not only those who are confined for some
-offence, but such as are discontented with their lot, prefer a
-voluntary death to an uneasy life, and the pains of disease."[12]
-Among the Hos, an Indian hill tribe, suicide is reported to be so
-frightfully prevalent as to afford no parallel in any known
-country:--"If a girl appears mortified by anything that has been
-said, it is not safe to let her go away till she is soothed. A
-reflection on a man's honesty or veracity may be sufficient to
-send him to self-destruction. In a recent case, a young woman
-attempted to poison herself because her uncle would not partake
-of the food she had cooked for him."[13] Among the Karens of
-Burma suicide is likewise very common where Christianity has not
-been introduced. If a man has some incurable or painful disease,
-he says in a matter-of-fact way that he will hang himself, and he
-does as he says; if a girl's parents compel her to marry the man
-she does not love, she hangs herself; wives sometimes hang
-themselves through jealousy, sometimes because they quarrel with
-their husbands, and sometimes out of mere {232} chagrin, because
-they are subject to depreciating comparisons; and it is a
-favourite threat with a wife or daughter, when not allowed to
-have her own way, that she will hang herself.[14] Among some
-uncivilised peoples suicide is frequently practised by women,
-though rarely by men.[15]
-
-[Footnote 9: Nansen, _Eskimo Life_, p. 267 (Greenlanders).
-Murdoch, 'Ethnol. Results of the Point Barrow Expedition,' in
-_Ann. Rep. Bur. Ethn._ ix. 41 (Point Barrow Eskimo), von Siebold,
-_Die Aino auf der Insel Yesso_, p. 35. von Stenin, 'Die Kirgisen
-des Kreises Saissansk im Gebiete von Ssemipalatinsk,' in
-_Globus_, lxix. 230. Beltrame, _Il Fiume Bianco_, p. 51 (Arabs).
-Felkin, 'Waganda Tribe of Central Africa,' in _Proceed. Roy. Soc.
-Edinburgh_, xiii. 723. Schwarz, quoted by Steinmetz,
-_Rechtsverhältnisse_, p. 24 (Bakwiri). _Ibid._ p. 52 (Banaka and
-Bapuku). Wandrer, _ibid._ p. 325 (Hottentots). Fritsch, _Die
-Eingeborenen Süd-Afrika's_, p. 221 (Bantu race). Sorge, in
-Steinmetz, _Rechtsverhältnisse_, p. 421 (Nissan Islanders in the
-Bismarck Archipelago). Kubary, 'Die Verbrechen und das
-Strafverfahren auf den Pelau-Inseln,' in _Original-Mittheilungen
-aus der ethnol. Abtheil. d. königl. Museen zu Berlin_, i. 78
-(Pelew Islanders). Among the Malays suicide is reported to be
-extremely rare (Brooke, _Ten Years in Saráwak_, i. 56; Ellis,
-'The Amok of the Malays,' in _Journal of Mental Science_, xxxix.
-331); but Dr. Gilmore Ellis has been told by many Malays that
-they consider Amok a kind of suicide. If a man wishes to die, he
-"amoks" in the hope of being killed, rather than kills himself,
-suicide being a most heinous sin according to the ethics of
-Muhammedanism (_ibid._ p. 331). In Siam suicide is rare (Bowring,
-_Siam_, i. 106). Of the Western Islanders of Torres Straits Dr.
-Haddon says (in _Reports of the Cambridge Anthrop. Expedition to
-Torres Straits_, v. 278) that he does not remember to have heard
-of a case of suicide in real life, though there are some
-instances of it in their folk-tales.]
-
-[Footnote 10: Comte, quoted by Mouhot, _Travels in the Central
-Parts of Indo-China_, ii. 27 _sq._ (Bannavs in Cambodia). Kloss,
-_In the Andamans and Nicobars_, p. 316 (Nicobarese). Among the
-Bakongo cases of suicide occur, "although much less frequently
-than in civilised countries" (Ward, _Five Years with the Congo
-Cannibals_, p. 45).]
-
-[Footnote 11: Veniaminof, quoted by Petroff, _Report on Alaska_,
-p. 158 (Atkha Aleuts). Steller, _Beschreibung von Kamtschatka_,
-p. 293 _sq._, Krasheninnikoff, _History of Kamschatka_, pp. 176,
-200. Georgi, _Russia_, iii. 133 _sq._ (Kamchadales), 184
-(Chukchi), 205 (Aleuts). Brooke, _op. cit._ i. 55 (Sea Dyaks).
-Williams and Calvert, _Fiji_, p. 106. Turner, _Samoa_, p. 305;
-Tregear, 'Niue,' in _Jour. Polynesian Soc._ ii. 14; Thomson,
-_Savage Island_, p. 109; Hood, _Cruise in the Western Pacific_,
-p. 22 (Savage Islanders). Dieffenbach, _Travels in New Zealand_,
-ii. 111 _sq._; Collins, _English Colony in New South Wales_, i.
-524 (Maoris). Reade, _Savage Africa_, p. 553 _sq._; _Idem_,
-quoted by Darwin, _Descent of Man_, p. 117, n. 33 (West African
-Negroes). Monrad, _Skildring af Guinea-Kysten_, p. 23. Decle,
-_Three Years in Savage Africa_, p. 74 (Barotse). In Tana, of the
-New Hebrides (Gray, in _Jour. Anthr. Inst._ xxviii. 132) and Nias
-(Rosenberg, _Der malayische Archipel_, p. 146) suicides are said
-to be not infrequent.]
-
-[Footnote 12: Georgi, _op. cit._ iii. 133 _sq._ _Cf._
-Krasheninnikoff, _op. cit._ p. 176.]
-
-[Footnote 13: Tickell, 'Memoir on the Hodésum,' in _Jour. Asiatic
-Soc. Bengal_, ix. 807. Dalton, _Descriptive Ethnology of Bengal_,
-p. 206.]
-
-[Footnote 14: Mason, 'Dwellings, &c., of the Karens,' in _Jour.
-Asiatic Soc. Bengal_, xxxvii. pt. ii. 141.]
-
-[Footnote 15: Keating, _Expedition to the Source of St. Peter's
-River_, i. 394 (Dacotahs); ii. 171 _sq._ (Chippewas). Bradbury,
-_Travels in the Interior of America_, p. 87 (Dacotahs). Brooke
-Low, quoted by Ling Roth, _Natives of Sarawak_, i. 117 (Sea
-Dyaks). Munzinger, _Die Sitten und das Recht der Bogos_, p. 93.]
-
-The causes which, among savages, lead to suicide are
-manifold:--disappointed love or jealousy;[16] illness[17] or old
-age;[18] grief over the death of a child,[19] a husband,[20] or a
-{233} wife;[21] fear of punishment;[22] slavery[23] or brutal
-treatment by a husband;[24] remorse,[25] shame or wounded pride,
-anger or revenge.[26] In various cases an offended person kills
-himself for the express purpose of taking revenge upon the
-offender.[27] Thus among the Tshi-speaking peoples of the Gold
-Coast, "should a person commit suicide, and before so doing
-attribute the act to the conduct of another person, that other
-person is required by native law to undergo a like fate. The
-practice is termed killing oneself upon the head of another, and
-the person whose conduct is supposed to have driven the suicide
-to commit the rash act is visited with a death of an exactly
-similar nature"--unless, indeed, the family of the suicide be
-pacified with a money compensation.[28] With reference to the
-Savage Islanders, who especially in heathen {234} times were much
-addicted to suicide, we are told that, "like angry children, they
-are tempted to avenge themselves by picturing the trouble that
-they will bring upon the friends who have offended them."[29]
-Among the Thlinkets an offended person who is unable to take
-revenge in any other way commits suicide in order to expose the
-person who gave the offence to the vengeance of his surviving
-relatives and friends.[30] Among the Chuvashes it was formerly
-the custom for enraged persons to hang themselves at the doors of
-their enemies.[31] A similar method of taking revenge is still
-not infrequently resorted to by the Votyaks, who believe that the
-ghost of the deceased will then persecute the offender.[32]
-Sometimes a suicide has the character of a human sacrifice.[33]
-In the times of epidemics or great calamities the Chukchi
-sacrifice their own lives in order to appease evil spirits and
-the souls of departed relatives.[34] Among some savages it is
-common for a woman, especially if married to a man of importance,
-to commit suicide on the death of her husband,[35] or to demand
-to be buried with him;[36] and many Brazilian Indians killed
-themselves on the graves of their chiefs.[37]
-
-[Footnote 16: Lasch, 'Der Selbstmord aus erotischen Motiven bei
-den primitiven Völkern,' in _Zeitschrift für Socialwissenschaft_,
-ii. 579 _sqq._ Westermarck, _History of Human Marriage_, p. 503.
-Keating, _op. cit._ ii. 172 (Chippewas). Eastman, _Dacotah_,
-pp. 89 _sqq._, 168 _sq._; Dodge, _Our Wild Indians_, p. 321 _sq._
-(Dacotahs). Turner, 'Ethnology of the Ungava District, Hudson Bay
-Territory,' in _Ann. Rep. Bur. Ethn._ xi. 187 (Koksoagmyut).
-Mason, in _Jour. Asiatic Soc. Bengal_, xxxvii. pt. ii. 141
-(Karens). Brooke Low, quoted by Ling Roth, _Natives of Sarawak_,
-i. 115 (Sea Dyaks). Kubary, 'Religion der Pelauer,' in Bastian,
-_Allerlei aus Volks- und Menschenkunde_, i. 3 (Pelew Islanders).
-Senfft, in Steinmetz, _Rechtsverhältnisse_, p. 452 (Marshall
-Islanders). Codrington, _Melanesians_, p. 243 _sq._ (natives of
-the Banks' Islands and Northern New Hebrides). Waitz,
-_Anthropologie der Naturvölker_, vi. 115; Malone, _Three Years'
-Cruise in the Australasian Colonies_, p. 72 _sq._ (Maoris).
-Reade, _Savage Africa_, p. 554 (West African Negroes). Munzinger,
-_Die Sitten und das Recht der Bogos_, p. 93 _sq._]
-
-[Footnote 17: Dodge, _op. cit._ p. 321 _sq._ (North American
-Indians) Holm, 'Ethnologisk Skizze af Angmagsalikerne,' in
-_Meddelelser om Grönland_, x. 181 (Angmagsaliks of Eastern
-Greenland). Georgi, _op. cit._ iii. 134 (Kamchadales). Mason, in
-_Jour. Asiatic Soc. Bengal_, xxxvii. pt. ii. 141 (Karens). Gray,
-in _Jour. Anthr. Inst._ xxviii. 132 (natives of Tana, New
-Hebrides). Sartori, 'Die Sitte der Alten- und Krankentötung,' in
-_Globus_, lxvii. 109 _sq._]
-
-[Footnote 18: Perrin du Lac, _Voyage dans les deux Louisianes_,
-p. 346. Nansen, _First Crossing of Greenland_, ii. 331; _Idem_,
-_Eskimo Life_, pp. 170, 267 (Greenlanders). Steller,
-_Beschreibung von Kamtschatka_, p. 294. Wilkes, _U.S. Exploring
-Expedition_, iii. 96; Hale, _U.S. Exploring Expedition. Vol. VI.
-Ethnography and Philology_, p. 65 (Fijians). Diodorus Siculus,
-_Bibliotheca historica_, iii. 33.5 (Troglodytes). Pomponius Mela,
-_De situ orbis_, iii. 7 (Seres). Hartknoch, _Alt- und Neues
-Preussen_, i. 181 (ancient Prussians). Mareschalcus, _Annales
-Herulorum ac Vandalorum_, i. 8 (_Monumenta inedita rerum
-Germanicarum_, i. 191); Procopius, _De bello Gothico_, ii. 14
-(Heruli). Maurer, _Die Bekehrung des Norwegischen Stammes zum
-Christenthume_, ii. 79, n. 48 (ancient Scandinavians).]
-
-[Footnote 19: Veniaminof, quoted by Petroff, _op. cit._ p. 158
-(Atkha Aleuts). Keating, _op. cit._ ii. 172 (Chippewas). Colenso,
-_Maori Races_, pp. 46, 57; Dieffenbach, _op. cit._ ii. 112
-(Maoris).]
-
-[Footnote 20: Veniaminof, quoted by Petroff, _op. cit._ p. 158
-(Atkha Aleuts). Haddon, in _Rep. Cambridge Anthr. Exped. to
-Torres Straits_, v. 17 (Western Islanders, according to a
-Kauralaig folk-tale). Colenso, _op. cit._ pp. 46, 57;
-Dieffenbach, _op. cit._ ii. 112 (Maoris).]
-
-[Footnote 21: Veniaminof, quoted by Petroff, _op. cit._ p. 158
-(Atkha Aleuts). Fawcett, _Saoras_, p. 17. Dieffenbach, _op. cit._
-ii. 112 (Maoris).]
-
-[Footnote 22: Steller, _Beschreibung von Kamtschatka_, p. 293.
-Dieffenbach, _op. cit._ ii. 112 (Maoris).]
-
-[Footnote 23: Modigliani, _Viaggio a Nías_, p. 473. Decle, _op.
-cit._ p. 74 (Barotse). Monrad, _op. cit._ p. 25 (Negroes of
-Accra). Donne, _Biathanatos_, p. 56 (American Indians).]
-
-[Footnote 24: Wied-Neuwied, _Travels in the Interior of North
-America_, p. 349 (Mandans).]
-
-[Footnote 25: Turner, in _Ann. Rep. Bur. Ethn._ xi. 187
-(Koksoagmyut). Mr. Dawson (_Australian Aborigines_, p. 62 _sq._)
-tells us of a native of Western Victoria who decided to commit
-suicide because, being intoxicated, he had killed his wife, and
-was so sorry for it. He besought the tribe to kill him, and
-seeing his determination to starve himself to death, his friends
-at last sent for the tribal executioner, who pushed a spear
-through him.]
-
-[Footnote 26: Veniaminof, quoted by Petroff, _op. cit._ p. 158
-(Atkha Aleuts). Keating, _op. cit._ ii. 171 (Chippewas). Dalton,
-_op. cit._ p. 206; Jickell, in _Jour. Asiatic Soc. Bengal_, ix.
-807 (Hos). Colquhoun, _Amongst the Shans_, p. 76 _sq._ (Lethtas).
-Mac Mahon, _Far Cathay_, p. 241 (Tarus, one of the Chino-Burmese
-border tribes). Brooke, _op. cit._ i. 55 (Sea Dyaks). Chalmers,
-_Pioneer Life and Work in New Guinea_, p. 227 (a woman at Port
-Moresby; Mr. Abel [_Savage Life in New Guinea_, p. 102] speaks of
-a New Guinea woman who was so annoyed because her old village
-friends had not visited her during her illness that she attempted
-to commit suicide). Codrington, _op. cit._ p. 243 _sq._ (natives
-of the Banks' Islands and Northern New Hebrides). Williams and
-Calvert, _op. cit._ p. 106 (Fijians). Tregear, in _Jour.
-Polynesian Soc._ ii. 14 (Savage Islanders). Dieffenbach, _op.
-cit._ ii. 111 _sq._; Collins, _op. cit._ i. 524; Angas, _Savage
-Life in Australia and New Zealand_, ii. 45; Colenso, _op. cit._
-p. 56 _sq._ (Maoris). Ward, _Five Years with the Congo
-Cannibals_, p. 45 (Bakongo). Lasch, 'Besitzen die Naturvölker ein
-persönliches Ehrgefühl?' in _Zeitschr. f. Socialwissenschaft_,
-iii. 837 _sqq._]
-
-[Footnote 27: See Lasch, 'Rache als Selbstmordmotiv,' in
-_Globus_, lxxiv. 37 _sqq._; Steinmetz, 'Gli antichi scongiuri
-giuridici contro i creditori,' in _Rivista italiana di
-sociologia_, ii. 49 _sqq._]
-
-[Footnote 28: Ellis, _Tshi-speaking Peoples of the Gold Coast_,
-p. 302. The same custom is mentioned by Monrad (_op. cit._ p. 23
-_sq._), Bowdich (_Mission to Ashantee_, pp. 256, 257, 259 n. [double
-dagger]), and Reade (_Savage Africa_, p. 554).]
-
-[Footnote 29: Thomson, _Savage Island_, p. 109.]
-
-[Footnote 30: Krause, _Die Tlinkit-Indianer_, p. 222.]
-
-[Footnote 31: Lebedew, 'Die simbirskischen Tschuwaschen,' in
-Erman's _Archiv für wissenschaftliche Kunde von Russland_, ix.
-586 n. **]
-
-[Footnote 32: Buch, 'Die Wotjaken,' in _Acta Soc. Scient.
-Fennicæ_, xii. 611 _sq._]
-
-[Footnote 33: See Lasch, 'Religiöser Selbstmord und seine
-Beziehung zum Menschenopfer.' in _Globus_, lxxv. 69 _sqq._]
-
-[Footnote 34: Skrzyncki, 'Der Selbstmord bei den Tschuktschen,'
-in _Am Ur-Quell_, v. 207 _sq._]
-
-[Footnote 35: Ashe, _Two Kings of Uganda_, p. 342 (Wahuma).
-Johnston, _Uganda Protectorate_, ii. 610 (Bairo). Junghuhn, _Die
-Battaländer auf Sumatra_, ii. 340 (natives of Bali and Lombok).]
-
-[Footnote 36: Westermarck, _History of Human Marriage_, p. 125
-(Fijians). Codrington, _op. cit._ p. 289 (natives of Aurora
-Island, New Hebrides).]
-
-[Footnote 37: Dorman, _Origin of Primitive Superstitions_, p.
-211. _Cf._ _ibid._ p. 209. Of the Niger Delta tribes M. le Comte
-de Cardi writes (in _Jour. Anthr. Inst._ xxix. 55):--"On the
-deportation of a king or a chief by the British or other European
-government for some offence I have seen the wives of the deported
-man throw themselves into the river and fight like mad women with
-the people who went to their rescue; I have also seen some of the
-male retainers both free and slaves of a deported chief attempt
-their own lives at the moment when the vessel carrying away their
-chief disappeared from their sight."]
-
-In various other cases, besides the voluntary sacrifices of
-widows or slaves, the suicides of savages are connected with
-their notions of a future life.[38] The belief in the new {235}
-human birth of the departed soul has led West African negroes to
-take their own lives when in distant slavery, that they may
-awaken in their native land.[39] Among the Chukchi there are
-persons who kill themselves for the purpose of effecting an
-earlier reunion with their deceased relatives.[40] Among the
-Samoyedes it happens that a young girl who is sold to an old man
-strangles herself in the hope of getting a more suitable
-bridegroom in the other world.[41] We are told that the
-Kamchadales inflict death on themselves with the utmost coolness
-because they maintain that "the future life is a continuation of
-the present, but much better and more perfect, where they expect
-to have all their desires more completely satisfied than
-here."[42] The suicides of old people, again, are in some cases
-due to the belief that a man enters into the other world in the
-same condition in which he left this one, and that it consequently
-is best for him to die before he grows too old and feeble.[43]
-
-[Footnote 38: _Cf._ Steinmetz, in _American Anthropologist_, vii.
-60; Vierkandt, _Naturvölker und Kulturvölker_, p. 284; Lasch, in
-_Zeitschrift für Socialwissenschaft_, ii. 585.]
-
-[Footnote 39: Tylor, _Primitive Culture_, ii. 5.]
-
-[Footnote 40: Skrzyncki, in _Am Ur-Quell_, v. 207.]
-
-[Footnote 41: von Struve, 'Die Samojeden im Norden von Sibirien,'
-in _Ausland_, 1880, p. 777.]
-
-[Footnote 42:  Georgi, _op. cit._ iii. 265. _Cf._ Steller,
-_Beschreibung von Kamtschatka_, p. 294.]
-
-[Footnote 43: Hale, _op. cit._ p. 65 (Fijians). _Cf._ _supra_,
-i. 390.]
-
-The notions of savages concerning life after death also influence
-their moral valuation of suicide. Where men are supposed to
-require wives not only during their lifetime, but after their
-death, it may be a praiseworthy thing, or even a duty, for a
-widow to accompany her husband to the land of souls. According to
-Fijian beliefs, the woman who at the funeral of her husband met
-death with the greatest devotedness would become the favourite
-wife in the abode of spirits, whereas a widow who did not permit
-herself to be killed was considered an adulteress.[44] Among the
-Central African Bairo those women who refrained from destroying
-themselves over their husbands' graves were regarded as
-outcasts.[45] On the Gold Coast a man of low rank who has married
-one of the king's sisters is {236} expected to make away with
-himself when his wife dies, or upon the death of an only male
-child; and "should he outrage native custom and neglect to do so,
-a hint is conveyed to him that he will be put to death, which
-usually produces the desired effect."[46] The customary suicides
-of the Chukchi are solemnly performed in the presence and with
-the assistance of relatives and neighbours.[47] The Samoyedes
-maintain that suicide by strangulation "is pleasing to God, who
-looks upon it as a voluntary sacrifice, which deserves
-reward."[48] The opinion of the Kamchadales that it is "allowable
-and praiseworthy" for a man to take his own life,[49] was
-probably connected with their optimistic notions about their fate
-after death. And that the habitual suicides of old persons have
-the sanction of public opinion is particularly obvious where they
-may choose between killing themselves and being killed.[50]
-
-[Footnote 44: Westermarck, _op. cit._ p. 125 _sq._]
-
-[Footnote 45: Johnston, _Uganda Protectorate_, i. 610.]
-
-[Footnote 46: Ellis, _Tshi-speaking Peoples of the Gold Coast_,
-p. 287.]
-
-[Footnote 47: Skrzyncki, in _Am Ur-Quell_, v. 208.]
-
-[Footnote 48: von Struve, in _Ausland_, 1880, p. 777.]
-
-[Footnote 49: Steller, _op. cit._ p. 269. _Cf._ Krasheninnikoff,
-_op. cit._ p. 204.]
-
-[Footnote 50: _Supra_, i. 389 _sq._ (Fijians). Nansen, _First
-Crossing of Greenland_, ii. 331. Steller, _op. cit._ p. 294
-(Kamchadales).]
-
-Whilst in some cases suicide opens the door to a happy land
-beyond the grave, it in other cases entails consequences of a
-very different kind. The Omahas believe that a self-murderer
-ceases to exist.[51] According to the Thompson Indians in British
-Columbia, "the souls of people who commit suicide do not go to
-the land of souls. The shamans declare they never saw such people
-there; and some say that they have looked for the souls of such
-people, but could not find their tracks. Some shamans say they
-cannot locate the place where the souls of suicides go, but think
-they must be lost, because they seem to disappear altogether.
-Others say that these souls die, and cease to exist. Still others
-claim that the souls never leave the earth, but wander around
-aimlessly."[52] So also the Jakuts believe that the ghost of a
-self-murderer never {237} comes to rest.[53] Sometimes the fate
-of suicides after death is represented as a punishment which they
-suffer for their deed. Thus the Dacotahs, among whom women not
-infrequently put an end to their existence by hanging themselves,
-are of opinion that suicide is displeasing to the "Father of
-Life," and will be punished in the land of spirits by the ghost
-being doomed for ever to drag the tree on which the person hanged
-herself; hence the women always suspend themselves to as small a
-tree as can possibly sustain their weight.[54] The Pahárias of
-the Rájmahal Hills, in India, say that "suicide is a crime in
-God's eyes," and that "the soul of one who so offends shall not
-be admitted into heaven, but must hover eternally as a ghost
-between heaven and earth,"[55] The Kayans of Borneo maintain that
-self-murderers are sent to a place called _Tan Tekkan_, where
-they will be very poor and wretched, subsisting on leaves, roots,
-or anything they can pick up in the forests, and being easily
-distinguished by their miserable appearance.[56] According to
-Dyak beliefs, they go to a special place, where those who have
-drowned themselves must thenceforth live up to their waists in
-water, and those who have poisoned themselves must live in houses
-built of poisonous woods and surrounded by noxious plants, the
-exhalations of which are painful to the spirits.[57] In other
-instances we are simply told that the souls of suicides, together
-with those of persons who have been killed in war,[58] or who
-have died a violent death,[59] are not permitted to live with the
-rest of the souls, to whom their presence would cause uneasiness.
-Among the Hidatsa Indians some people say that the ghosts of men
-{238} who have made away with themselves occupy a separate part
-of the village of the dead, but that their condition in no other
-wise differs from that of the other ghosts.[60]
-
-[Footnote 51: La Flesche, 'Death and Funeral Customs among the
-Omahas,' in _Jour. of American Folk-Lore_, ii. 11.]
-
-[Footnote 52: Teit, 'Thompson Indians of British Columbia,' in
-_Memoirs of the American Museum of Natural History_,
-Anthropology, i. 358 _sq._]
-
-[Footnote 53: Sumner, in _Jour. Anthr. Inst._ xxxi. 101.]
-
-[Footnote 54: Bradbury, _Travels in the Interior of America_, p.
-89. _Cf._ Keating, _op. cit._ i. 394.]
-
-[Footnote 55: Dalton, _Descriptive Ethnology of Bengal_, p. 268.
-_Cf._ Sherwill, 'Tour through the Rájmahal Hills,' in _Jour.
-Asiatic Soc. Bengal_, xx. 556.]
-
-[Footnote 56: Hose, 'Journey up the Baram River to Mount Dulit
-and the Highlands of Borneo,' in _Geographical Journal_, i. 199.]
-
-[Footnote 57: Wilken, _Het animisme bij de volken van den
-Indischen Archipel_, i. 44.]
-
-[Footnote 58: Brebeuf, 'Relation de ce qui s'est passé dans le
-pays des Hurons,' in _Relations des Jésuites_, 1636, p. 104 _sq._
-Hewitt, 'The Iroquoian Concept of the Soul,' in _Jour. of
-American Folk-Lore_, viii. 109.]
-
-[Footnote 59: Steinmetz, in _American Anthropologist_, vii. 58
-(Niase).]
-
-[Footnote 60: Matthews, _Ethnography and Philology of the Hidatsa
-Indians_, p. 49.]
-
-It is, however, hard to believe that the fate of the
-self-murderer, whether it be annihilation, a vagrant existence on
-earth, or separation in the other world, was originally meant as
-a punishment; for a similar lot is assigned to the souls of
-persons who have been drowned,[61] or who have died by accident
-or violence.[62] It seems that the suicide's future state is in
-the first place supposed to depend upon the treatment of his
-corpse. Frequently he is denied burial, or at least the ordinary
-funeral rites,[63] and this may give rise to the notion that his
-soul never comes to rest or, possibly, even ceases to exist. Or
-he is buried by himself, apart from the other dead,[64] in which
-case his soul must naturally remain equally isolated. Among the
-Alabama Indians, for instance, "when a man kills himself, either
-in despair or in a sickness, he is deprived of burial, and thrown
-into the river."[65] In Dahomey "the body of any person
-committing suicide is not allowed to be buried, but thrown out
-into the fields to be devoured by wild beasts."[66] Among the
-Fantis of the Gold Coast "il y a des places réservées aux
-suicides et à ceux qui sont morts de la petite vérole. Ils sont
-enterrés à l'écart loin de toute {239} habitation et de tout
-chemin public."[67] In the Pelew Islands a self-murderer is
-buried not with his own deceased relatives, but in the place
-where he ended his life, as are also the corpses of those who
-fall in war.[68] Among the Bannavs of Cambodia "anyone who
-perishes by his own hand is buried in a corner of the forest far
-from the graves of his brethren."[69] Among the Sea Dyaks "those
-who commit suicide are buried in different places from others, as
-it is supposed that they will not be allowed to mix in the
-seven-storied heaven with such of their fellow-country men as
-come by their death in a natural manner or from the influence of
-the spirits."[70] The motive for thus treating self-murderers'
-bodies is superstitious fear. Their ghosts, as the ghosts of
-persons who have died by any other violent means or by accident,
-are supposed to be particularly malevolent,[71] owing to their
-unnatural mode of death[72] or to the desperate or angry state of
-mind in which they left this life. If they are not buried at all,
-or if they are buried in the spot where they died or in a
-separate place, that is either because nobody dares to interfere
-with them, or in order to prevent them from mixing with the other
-dead. So also murdered persons are sometimes left unburied,[73]
-and people who are supposed to have been killed by evil spirits
-are buried apart;[74] whilst those struck with lightning are
-either denied interment,[75] or buried where they fell and in the
-position in which they died.[76] We sometimes hear of a
-connection between the way in which a suicide's body is treated
-and the moral opinion as regards his deed. Among the Alabama
-Indians his corpse {240} is said to be thrown into the river
-"because he is looked upon as a coward";[77] and of the Ossetes
-M. Kovalewsky states that they bury suicides far away from other
-dead persons because they regard their act as sinful.[78] But we
-may be sure that moral condemnation is not the original cause of
-these practices.
-
-[Footnote 61: Teit, _loc. cit._ p. 359 (Thompson Indians).]
-
-[Footnote 62: Soppitt, _Kuki-Lushai Tribes_, p. 12. Anderson,
-_Mandalay to Momien_, p. 146 (Kakhyens). Müller, _Geschichte der
-Amerikanischen Urreligionen_, p. 287 (Brazilian Indians).
-_Supra_, ii. 237. The Central Eskimo believe that all who die by
-accident or by violence, and women who die in childbirth, are
-taken to the upper, happier world (Boas, 'Central Eskimo,' in
-_Ann. Rep. Bur. Ethn._ vi. 590). According to the belief of the
-Behring Strait Eskimo, the shades of shamans, or persons who die
-by accident, violence, or starvation, go to a land of plenty in
-the sky, where there is light, food, and water in abundance,
-whereas the shades of people who die from natural causes go to
-the underground land of the dead (Nelson, 'Eskimo about Bering
-Strait,' in _Ann. Rep. Bur. Ethn._ xviii. 423).]
-
-[Footnote 63: See Lasch, 'Die Behandlung der Leiche des
-Selbstmorders,' in _Globus_, lxxvi. 63 _sqq._]
-
-[Footnote 64: _Ibid._ p. 65.]
-
-[Footnote 65: Bossu, _Travels through Louisiana_, i. 258.]
-
-[Footnote 66: M'Leod, _Voyage to Africa_, p. 48 _sq._ I am
-indebted to Mr. N. W. Thomas for drawing my attention to this and
-a few other statements in the present chapter.]
-
-[Footnote 67: Gallaud, 'A la Côte d'Or,' in _Les missions
-catholiques_, xxv. 347.]
-
-[Footnote 68: Kubary, in _Original-Mittheil. aus der ethnol.
-Abtheil. d. königl. Museen zu Berlin_, i. 78.]
-
-[Footnote 69: Comte, quoted by Mouhot, _op. cit._ ii. 28. See
-also 'Das Volk der Bannar,' in _Mittheil. d. Geogr. Ges. zu
-Jena_, iii. 9.]
-
-[Footnote 70: St. John, _Life in the Forests of the Far East_,
-i. 69.]
-
-[Footnote 71: Lasch, in _Globus_, lxxvi. 65. _Cf._ Liebrecht,
-_Zur Volkskunde_, p. 414 _sq._]
-
-[Footnote 72: Lippert, _Der Seelencult_, p. 11. Kubary, in
-_Original-Mittheil. aus der ethnol. Abtheil. d. königl. Museen zu
-Berlin_, i. 78.]
-
-[Footnote 73: Rosenberg, _Der malayische Archipel_, p. 461
-(Papuans of Dorey).]
-
-[Footnote 74: Hodson, 'Native Tribes of Manipur,' in _Jour.
-Anthr. Inst._ xxxi. 305 _sq._]
-
-[Footnote 75: Burton, _Mission to Gelele_, ii. 142 _sq._
-(Dahomans).]
-
-[Footnote 76: La Flesche, in _Jour. American Folk-Lore_, ii. 11
-(Omahas).]
-
-[Footnote 77: Bossu, _op. cit._ i. 258.]
-
-[Footnote 78: Kovalewsky, _Coutume contemporaine et loi
-ancienne_, p. 327.]
-
-It is comparatively seldom that savages are reported to attach
-any stigma to suicide. To the instances mentioned above a few
-others may be added. The Waganda, we are told, greatly condemn
-the act.[79] Among the Bogos "a man never despairs, never gives
-himself up, and considers suicide as the greatest indignity."[80]
-The Karens of Burma deem it an act of cowardice; but at the same
-time they have no command against it, they "seem to see little or
-no guilt in it," and "we are nowhere told that it is displeasing
-to the God of heaven and earth."[81] The Dacotahs said of a girl
-who had destroyed herself because her parents had turned her
-beloved from the wigwam, and would force her to marry a man she
-hated, that her spirit did not watch over her earthly remains,
-being offended when she brought trouble upon her aged mother and
-father.[82] In Dahomey "it is criminal to attempt to commit
-suicide, because every man is the property of the king. The
-bodies of suicides are exposed to public execration, and the head
-is always struck off and sent to Agbomi; at the expense of the
-family if the suicide were a free man, at that of his master if
-he were a slave."[83] On the other hand, it is expressly stated
-of various savages that they do not punish attempts to commit
-suicide.[84] The negroes of Accra see nothing wrong in the act.
-"Why," they would ask, "should a person not be {241} allowed to
-die, when he no longer desires to live?" But they inflict cruel
-punishments upon slaves who try to put an end to themselves, in
-order to deter other slaves from doing the same.[85] Among the
-Pelew Islanders suicide "is neither praised nor blamed."[86] The
-Eskimo around Northumberland Inlet and Davis Strait believe that
-any one who has been killed by accident, or who has taken his own
-life, certainly goes to the happy place after death.[87] The
-Chippewas hold suicide "to be a foolish, not a reprehensible
-action," and do not believe it to entail any punishment in the
-other world.[88] In his sketches of the manners and customs of
-the North American Indians, Buchanan writes:--"Suicide is not
-considered by the Indians either as an act of heroism or of
-cowardice, nor is it with them a subject of praise or blame. They
-view this desperate act as the consequence of mental derangement,
-and the person who destroys himself is to them an object of
-pity."[89]
-
-[Footnote 79: Felkin, in _Proceed. Roy. Soc. Edinburgh_, xiii. 723.]
-
-[Footnote 80: Munzinger, _Die Sitten und das Recht der Bogos_,
-p. 93.]
-
-[Footnote 81: Mason, in _Jour. Asiatic Soc. Bengal_, xxxvii. pt.
-ii. 141.]
-
-[Footnote 82: Eastman, _op. cit._ p. 169.]
-
-[Footnote 83: Ellis, _E[(w]e-speaking Peoples_, p. 224.]
-
-[Footnote 84: Leuschner, in Steinmetz, _Rechtsverhältnisse_, p.
-24 (Bakwiri). Nicole, _ibid._ p. 135 (Diakité-Sarracolese). Lang,
-_ibid._ p. 262 (Washambala). Rautanen, _ibid._ p. 343 (Ondonga).
-Sorge, _ibid._ p. 421 (Nissan Islanders). Senfft, _ibid._ p. 452
-(Marshall Islanders).]
-
-[Footnote 85: Monrad, _op. cit._ pp. 23, 25.]
-
-[Footnote 86: Kubary, in _Original-Mittheil. aus der ethnol.
-Abtheil. d. königl. Museen zu Berlin_, i. 78.]
-
-[Footnote 87: Hall, _Arctic Researches_, p. 572. _Cf._ _supra_,
-ii. 238, n. 3.]
-
-[Footnote 88: Keating, _op. cit._ ii. 172.]
-
-[Footnote 89: Buchanan, _Sketches of the History, &c. of the
-North American Indians_, p. 184.]
-
-From the opinions on suicide held by uncivilised races we shall
-pass to those prevalent among peoples of a higher culture. In
-China suicide is extremely common among all classes and among
-persons of all ages.[90] For those who have been impelled to this
-course by a sense of honour the gates of heaven open wide, and
-tablets bearing their names are erected in the temples in honour
-of virtuous men or women. As honourable self-murderers are
-regarded servants or officers of state who choose not to survive
-a defeat in battle or an insult offered to the sovereign of their
-country; young men who, when an insult has been paid to their
-parents which they are unable to avenge, prefer not to survive
-it; and women who kill {242} themselves on the death of their
-husbands or _fiancés_.[91] In spite of imperial prohibitions,
-sutteeism of widowed wives and brides has continued to flourish
-in China down to this day, and meets with the same public
-applause as ever;[92] whilst those widowed wives and brides who
-have lost their lives in preserving their chastity, are entitled
-both to an honorary gate and to a place in a temple of the State
-as an object of worship.[93] Another common form of suicide which
-is admired as heroic in China is that committed for the purpose
-of taking revenge upon an enemy who is otherwise out of
-reach--according to Chinese ideas a most effective mode of
-revenge, not only because the law throws the responsibility of
-the deed on him who occasioned it, but also because the
-disembodied soul is supposed to be better able than the living
-man to persecute the enemy.[94] The Chinese have a firm belief in
-the wandering spirits of persons who have died by violence; thus
-self-murderers are supposed to haunt the places where they
-committed the fatal deed and endeavour to persuade others to
-follow their example, at times even attempting to play
-executioner by strangling those who reject their advances.[95]
-"Violent deaths," says Mr. Giles, "are regarded with horror by
-the Chinese";[96] and suicides committed from meaner motives are
-reprobated.[97] It is said in the Yü Li, or "Divine Panorama"--a
-Taouist work which is very popular all over the Chinese
-Empire--that whilst persons who kill themselves out of loyalty,
-filial piety, chastity, or friendship, will go to heaven, those
-who do so "in a trivial burst of rage, or fearing the
-consequences of a crime which would not amount to death, or in
-the hope of falsely injuring a {243} fellow-creature," will be
-severely punished in the infernal regions.[98] No pardon will be
-granted them; they are not, like other sinners, allowed to claim
-their good works as a set-off against evil, whereby they might
-partly escape the agonies of hell and receive some reward for
-their virtuous deeds.[99] Sometimes suicide is classified by the
-Chinese as an offence against religion, on the ground that a
-person owes his being to Heaven, and is therefore responsible to
-Heaven for due care of the gift.[100]
-
-[Footnote 90: Gray, _China_, i. 329. Huc, _The Chinese Empire_,
-p. 181. Matignon, 'Le suicide en Chine,' in _Archives
-d'anthropologie criminelle_, xii. 367 _sqq._ Cathonay, 'Aux
-environs de Foutchéon,' in _Les missions catholiques_, xxxi. 341
-_sq._ Ball, _Things Chinese_, p. 564 _sqq._]
-
-[Footnote 91: Gray, _op. cit._ i. 337 _sqq._]
-
-[Footnote 92: de Groot, _Religious System of China_, (vol. ii.
-book) i. 748. Ball, _op. cit._ p. 565. Cathonay, in _Les missions
-catholiques_, xxxi. 341.]
-
-[Footnote 93: de Groot, _op. cit._ (vol. ii. book) i. 792.]
-
-[Footnote 94: Huc, _op. cit._ p. 181. Matignon, in _Archives
-d'anthropologie criminelle_, xii. 371 _sqq._ de Groot, _op. cit._
-(vol. iv. book) ii. 450 _sq._ Cathonay, in _Les missions
-catholiques_, xxxi. 341 _sq._ Ball, _op. cit._ p. 566 _sq._]
-
-[Footnote 95: Davis, _China_, ii. 94. Dennys, _Folk-Lore of
-China_, p. 74 _sq._]
-
-[Footnote 96: Giles, _Strange Stories from a Chinese Studio_,
-ii. 363, n. 9.]
-
-[Footnote 97: Gray, _op. cit._ i. 337.]
-
-[Footnote 98: Giles, _op. cit._ ii. 365.]
-
-[Footnote 99: _Ibid._ ii. 363.]
-
-[Footnote 100: Alabaster, _Notes and Commentaries on Chinese
-Criminal Law_, p. 304.]
-
-"The Japanese calendar of saints," says Mr. Griffis, "is not
-filled with reformers, alms-givers, and founders of hospitals or
-orphanages, but is overcrowded with canonised suicides and
-committers of _harakiri_. Even to-day, no man more . . . surely
-draws homage to his tomb, securing even apotheosis, than the
-suicide, though he may have committed a crime."[101] There were
-two kinds of _harakiri_, or "belly-cutting," one obligatory and
-the other voluntary. The former was a boon granted by government,
-who graciously permitted criminals of the Samurai, or military,
-class thus to destroy themselves instead of being handed over to
-the common executioner; but this custom is now quite extinct.
-Voluntary _harakiri_, again, was practised out of loyalty to a
-dead superior, or in order to protest, when other protests might
-be unavailing, against the erroneous conduct of a living
-superior, or to avoid beheading by the enemy in a lost battle, or
-to restore injured honour if revenge was impossible. Under any
-circumstances _harakiri_ cleansed from every stain, and ensured
-an honourable interment and a respected memory.[102] It is said
-in a Japanese manuscript, "To slay his enemy against whom he has
-cause of hatred, and then to kill himself, is the part of a noble
-Samurai, and it is sheer nonsense to look upon the place where he
-has disembowelled {244} himself as polluted."[103] In old days
-the ceremony used to be performed in a temple.[104]
-
-[Footnote 101: Griffis, _Religions of Japan_, p. 112.]
-
-[Footnote 102: Chamberlain, _Things Japanese_, p. 219 _sqq._
-Rein, _Japan_, p. 328. Kühne, in _Globus_, lxxiv. 166 _sq._ A
-very full account of the ceremony of _harakiri_ is given in
-Mitford's _Tales of Old Japan_, ii. 193 _sqq._, from a rare
-Japanese manuscript.]
-
-[Footnote 103: Mitford, _op. cit._ ii. 201.]
-
-[Footnote 104: _Ibid._ ii. 196.]
-
-Among the Hindus we meet with the practice of self-immolation of
-widows--until recently very prevalent in many parts of
-India[105]--and various forms of self-destruction for religious
-purposes. Suicide has always been considered by the Hindus to be
-one of the most acceptable rites that can be offered to their
-deities. According to the Ayen Akbery, there were five kinds of
-suicide held to be meritorious in the Hindu, namely:--starving;
-covering himself with cow-dung and setting it on fire and
-consuming himself therein; burying himself in snow; immersing
-himself in the water at the extremity of Bengal, where the Ganges
-discharges itself into the sea through a thousand channels,
-enumerating his sins, and praying till the alligators come and
-devour him; cutting his throat at Allahabad, at the confluence of
-the Ganges and Jumna.[106] To these might be added drowning at
-Hurdwar, Allahabad, and Saugor; perishing in the cold of the
-Himalayas; the practice of dying under the wheels of Juggurnath's
-car;[107] and the custom of men throwing themselves down from
-certain rocks to fulfil the vows of their mothers, or to receive
-forgiveness for sins, or to be re-born rajas in their next state
-of transmigration.[108] It is also common for persons who are
-afflicted with leprosy or any other incurable disease to bury or
-drown themselves with due ceremonies, by which they are
-considered acceptable sacrifices to the deity,[109] or to roll
-themselves into fires with the notion that thus purified they
-will receive a happy transmigration into a healthy body.[110]
-Suicide was further {245} resorted to by Brâhmans for the purpose
-of avenging an injury, as it was believed that the ghost of the
-deceased would persecute the offender, and, presumably, also
-because of the great efficacy which was attributed to the curse
-of a dying Brâhman.[111] When one of the Rajput rajas once levied
-a war-subsidy on the Brâhmans, some of the wealthiest, having
-expostulated in vain, poniarded themselves in his presence,
-pouring maledictions on his head with their last breath; and thus
-cursed, the raja laboured under a ban of excommunication even
-amongst his personal friends.[112] We are told of a Brâhman girl
-who, having been seduced by a certain raja, burned herself to
-death, and in dying imprecated the most fearful curses on the
-raja's kindred, after which they were visited with such a
-succession of disasters that they abandoned their family
-settlement at Baliya, where the woman's tomb is worshipped to
-this day.[113] Once when a raja ordered the house of a Brâhman to
-be demolished and resumed the lands which had been conferred upon
-him, the latter fasted till he died at the palace gate, and
-became thus a Brahm, or malignant Brâhman ghost, who avenged the
-injury he had suffered by destroying the raja and his house.[114]
-At Azimghur, in 1835, a Brâhman "threw himself down a well, that
-his ghost might haunt his neighbour."[115] The same idea
-undoubtedly underlies the custom of "sitting _dharna_" which was
-practised by creditors who sat down before the doors of their
-debtors threatening to starve themselves to death if their claims
-were not paid;[116] and the sin attached to causing the death of
-a Brâhman would further increase the efficacy of the creditor's
-threats.[117] At the same time religious suicide is said to be a
-crime in a Brâhman.[118] And in the sacred books we read that for
-him who destroys {246} himself by means of wood, water, clods of
-earth, stones, weapons, poison, or a rope, no funeral rites shall
-be performed by his relatives;[119] that he who resolves to die
-by his own hand shall fast for three days; and that he who
-attempts suicide, but remains alive, shall perform severe
-penance.[120] The Buddhists allow a man under certain
-circumstances to take his own life, but maintain that generally
-dire miseries are in store for the self-murderer, and look upon
-him as one who must have sinned deeply in a former state of
-existence.[121] It should be added that in India, as elsewhere,
-the souls of those who have killed themselves or met death by any
-other violent means are regarded as particularly malevolent and
-troublesome.[122]
-
-[Footnote 105: Malcolm, _Memoir of Central India_, ii. 206 _sqq._
-Chevers, _Manual of Medical Jurisprudence for India_, p. 665.
-_Cf._ _supra_, i. 473 _sq._ Sir John Malcolm observes (_op. cit._
-ii. 206, n. [double dagger]) that the practice of suttee was not
-always confined to widows, but that sometimes mothers burned
-themselves on the death of their only sons.]
-
-[Footnote 106: Chevers, _op. cit._ p. 664. _Cf._ _Laws of Manu_,
-vi. 31.]
-
-[Footnote 107: _Ibid._ p. 664. Ward, _View of the History, &c. of
-the Hindoos_, ii. 115 _sqq._ Rájendralála Mitra, _Indo-Aryans_,
-ii. 70.]
-
-[Footnote 108: Sleeman, _Rambles and Recollections of an Indian
-Official_, i. 132 _sq._ Malcolm, _Memoir of Central India_, ii.
-209 _sqq._ Forsyth, _Highlands of Central India_, p. 172 _sq._]
-
-[Footnote 109: Sleeman, _op. cit._ ii. 344 _sq._]
-
-[Footnote 110: Ward, _op. cit._ ii. 119.]
-
-[Footnote 111: Chevers, _op. cit._ p. 659 _sqq._ Crooke, _Popular
-Religion and Folk-Lore of Northern India_, i. 191 _sqq._ van
-Mökern, _Ostindien_, i. 319 _sqq._]
-
-[Footnote 112: Tod, quoted by Chevers, _op. cit._ p. 659 _sq._]
-
-[Footnote 113: Crooke, _op. cit._ i. 193.]
-
-[Footnote 114: _Ibid._ i. 191 _sq._]
-
-[Footnote 115: Chevers, _op. cit._ p. 663.]
-
-[Footnote 116: _Cf._ Steinmetz, 'Gli antichi scongiuri giuridici
-contro i creditori,' in _Rivista italiana di sociologia_, ii. 58.
-For the practice of _dharna_ see _ibid._ p. 37 _sqq._; Balfour,
-_Cyclopædia of India_, i. 934 _sq._; van Mökern, _op. cit._
-i. 322 _sq._]
-
-[Footnote 117: _Cf._ Jones, quoted by Balfour, _op. cit._ i. 935.]
-
-[Footnote 118: Ward, _op. cit._ ii. 115. Forsyth, _op. cit._
-p. 173.]
-
-[Footnote 119: _Vasishtha_, xxiii. 14 _sq._]
-
-[Footnote 120: _Ibid._ xxiii. 18 _sqq._]
-
-[Footnote 121: Hardy, _Manual of Budhism_, p. 479.]
-
-[Footnote 122: Crooke, _Popular Religion and Folk-Lore of
-Northern India_, i. 269. Fawcett, 'Nâyars of Malabar,' in the
-Madras Government Museum's _Bulletin_, iii. 253.]
-
-The Old Testament mentions a few cases of suicide.[123] In none
-of them is any censure passed on the perpetrator of the deed, nor
-is there any text which expressly forbids a man to die by his own
-hand; and of Ahithophel it is said that he was buried in the
-sepulchre of his father.[124] It seems, however, that according
-to Jewish custom persons who had killed themselves should be left
-unburied till sunset,[125] perhaps for fear lest the spirit of
-the deceased otherwise might find its way back to the old
-home.[126] Josephus, who mentions this custom, denounces suicide
-as an act of cowardice, as a crime most remote from the common
-nature of all animals, as impiety against the Creator; and he
-maintains that the souls of those who have thus acted madly
-against themselves will go to the darkest place in Hades.[127]
-The Talmud considers suicide justifiable, if not meritorious, in
-the case of the chief of a vanquished army who is sure of
-disgrace and death at the hands of the exulting conqueror,[128]
-or when a person has {247} reason to fear being forced to
-renounce his religion.[129] In all other circumstances the Rabbis
-consider it criminal for a person to shorten his own life, even
-when he is undergoing tortures which must soon end his earthly
-career;[130] and they forbid all marks of mourning for a
-self-murderer, such as wearing sombre apparel and eulogising
-him.[131] Islam prohibits suicide, as an act which interferes
-with the decrees of God.[132] Muhammedans say that it is a
-greater sin for a person to kill himself than to kill a
-fellow-man;[133] and, as a matter of fact, suicide is very rare
-in the Moslem world.[134]
-
-[Footnote 123: _1 Samuel_, xxxi. 4 _sq._ _2 Samuel_, xvii. 23. _1
-Kings_, xvi. 18. _2 Maccabees_, xiv. 4 _sqq._]
-
-[Footnote 124: _2 Samuel_, xvii. 23.]
-
-[Footnote 125: Josephus, _De bello Judaico_, iii. 8. 5.]
-
-[Footnote 126: _Cf._ Frazer, 'Burial Customs as illustrative of
-the Primitive Theory of the Soul,' in _Jour. Anthr. Inst._ xv. 72.]
-
-[Footnote 127: Josephus, _op. cit._ iii. 8. 5.]
-
-[Footnote 128: _Cf._ _1 Samuel_, xxxi. 4.]
-
-[Footnote 129: _Guittin_, 57 B, quoted by Mendelsohn, _Criminal
-Jurisprudence of the Ancient Hebrews_, p. 77, n. 163. _Cf._ _2
-Maccabees_, xiv. 37 _sqq._]
-
-[Footnote 130: _Ab Zara_, 18 A, quoted by Mendelsohn, _op. cit._
-p. 78, n. 163.]
-
-[Footnote 131: Mendelsohn, _op. cit._ p. 77.]
-
-[Footnote 132: _Koran_, iv. 33.]
-
-[Footnote 133: I have often heard this myself. _Cf._ Westcott,
-_Suicide_, p. 12.]
-
-[Footnote 134: Lisle, _Du suicide_, pp. 305, 345 _sq._ Legoyt,
-_Le suicide ancien et moderne_, p. 7. Morselli, _Il suicidio_, p.
-33. Westcott, _op. cit._ p. 12.]
-
-Ancient Greece had its honourable suicides. The Milesian and
-Corinthian women, who by a voluntary death escaped from falling
-into the hands of the enemy, were praised in epigrams.[135] The
-story that Themistocles preferred death to bearing arms against
-his native country was circulated with a view to doing honour to
-his memory.[136] The tragedians frequently give expression to the
-idea that suicide is in certain circumstances becoming to a noble
-mind.[137] Hecuba blames Helena for not putting an end to her
-life by a rope or a sword.[138] Phaedra[139] and Leda[140] kill
-themselves out of shame, Haemon from violent remorse.[141] Ajax
-decides to die after having in vain attempted to kill the
-Atreidae, maintaining that "one of generous strain should nobly
-live, or forthwith nobly die."[142] Instances are, moreover,
-mentioned of women killing themselves on the death of their
-husbands;[143] and in Cheos it was the custom to prevent {248}
-the decrepitude of old age by a voluntary death.[144] At Athens
-the right hand of a person who had taken his own life was struck
-off and buried apart from the rest of the body,[145] evidently in
-order to make him harmless after death.[146] Plato says in his
-'Laws,' probably in agreement with Attic custom, that those who
-inflict death upon themselves "from sloth or want of manliness,"
-shall be buried alone in such places as are uncultivated and
-nameless, and that no column or inscription shall mark the spot
-where they are interred.[147] At Thebes self-murderers were
-deprived of the accustomed funeral ceremonies,[148] and in Cyprus
-they were left unburied.[149] The objections which philosophers
-raised against the commission of suicide were no doubt to some
-extent shared by popular sentiments. Pythagoras is represented as
-saying that we should not abandon our station in life without the
-orders of our commander, that is, God.[150] According to the
-Platonic Socrates, the gods are our guardians and we are a
-possession of theirs, hence "there may be reason in saying that a
-man should wait, and not take his own life until God summons
-him."[151] Aristotle, again, maintains that he who from rage
-kills himself commits a wrong against the State, and that
-therefore the State punishes him and civil infamy is attached to
-him.[152] The religious argument could not be foreign to a people
-who regarded it as impious interference in the order of nature to
-make a bridge over the Hellespont and to separate a landscape
-from the continent;[153] and the idea that suicide is a matter of
-public concern evidently prevailed in Massilia, where no man was
-allowed to make away with himself unless the magistrates had
-given him permission to do so.[154] But the {249} opinions of the
-philosophers were anything but unanimous.[155] Plato himself, in
-his 'Laws,' has no word of censure for him who deprives himself
-by violence of his appointed share of life under the compulsion
-of some painful and inevitable misfortune, or out of irremediable
-and intolerable shame.[156] Hegesias, surnamed the
-"death-persuader," who belonged to the Cyrenaic school, tried to
-prove the utter worthlessness and unprofitableness of life.[157]
-According to Epicurus we ought to consider "whether it be better
-that death should come to us, or we go to him."[158] The Stoics,
-especially, advocated suicide as a relief from all kinds of
-misery.[159] Seneca remarks that it is a man's own fault if he
-suffers, as, by putting an end to himself, he can put an end to
-his misery:--"As I would choose a ship to sail in, or a house to
-live in, so would I choose the most tolerable death when about to
-die. . . . Human affairs are in such a happy situation, that no
-one need be wretched but by choice. Do you like to be wretched?
-Live. Do you like it not? It is in your power to return from
-whence you came."[160] The Stoics did not deny that it is wrong
-to commit suicide in cases where the act would be an injury to
-society;[161] Seneca himself points out that Socrates lived
-thirty days in prison in expectation of death, so as to submit to
-the laws of his country, and to give his friends the enjoyment of
-his conversation to the last.[162] Epictetus opposes
-indiscriminate suicide on religious grounds:--"Friends, wait for
-God; when he shall give the signal and release you from this
-service, then go to him; but for the present endure to dwell in
-the place where he has put you."[163] Such a signal, however, is
-given often enough: it may consist in incurable disease,
-intolerable pain, or misery of any kind. "Remember this: the door
-is open; be not more timid {250} than little children, but as
-they say, when the thing does not please them, 'I will play no
-longer,' so do you, when things seem to you of such a kind, say I
-will no longer play, and be gone: but if you stay, do not
-complain."[164] Pliny says that the power of dying when you
-please is the best thing that God has given to man amidst all the
-sufferings of life.[165]
-
-[Footnote 135: Schmidt, _Die Ethik der alten Griechen_, ii. 443.]
-
-[Footnote 136: Diodorus Siculus, _Bibliotheca historica_, xi. 58.
-2 _sq._]
-
-[Footnote 137: See Schmidt, _op. cit._ ii. 442 _sqq._]
-
-[Footnote 138: Euripides, _Troades_, 1012 _sqq._]
-
-[Footnote 139: _Idem_, _Hippolytus_, 715 _sqq._]
-
-[Footnote 140: _Idem_, _Helena_, 134 _sqq._]
-
-[Footnote 141: Sophocles, _Antigone_, 1234 _sqq._]
-
-[Footnote 142: _Idem_, _Ajax_, 470 _sqq._ _Cf._ _ibid._ 654 _sqq._]
-
-[Footnote 143: Euripides, _Supplices_, 1000 _sqq._ Pausanias,
-iv. 2. 7.]
-
-[Footnote 144: Strabo, _Geographica_, x. 5. 6, p. 486. Aelian,
-_Varia historia_, iii. 37. _Cf._ Boeckh, _Gesammelte kleine
-Schriften_, vii. 345 _sqq._; Welcker, _Kleine Schriften_,
-ii. 502 _sq._]
-
-[Footnote 145: Aeschines, _In Ctesiphontem_, 244.]
-
-[Footnote 146: Some Australian natives cut off the thumb of the
-right hand of a dead foe in order to make his spirit unable to
-throw the spear efficiently (Oldfield, in _Trans. Ethn. Soc._
-N.S. iii. 287).]
-
-[Footnote 147: Plato, _Leges_, ix. 873.]
-
-[Footnote 148: Schmidt, _op. cit._ ii. 104.]
-
-[Footnote 149: Dio Chrysostom, _Orationes_, lxiv. 3.]
-
-[Footnote 150: Cicero, _Cato Major_, 20 (73).]
-
-[Footnote 151: Plato, _**Phædo_, p. 62.]
-
-[Footnote 152: Aristotle, _Ethica Nicomachea_, v. 11. 3.]
-
-[Footnote 153: See Schmidt, _op. cit._ ii. 83, 441; Rohde,
-_Psyche_, p. 202, n. 1.]
-
-[Footnote 154: Valerius Maximus, _Factorum dictorumque
-memorabilia_, ii. 6. 7.]
-
-[Footnote 155: See Geiger, _Der Selbstmord im klassischen
-Altertum_, p. 5 _sqq._]
-
-[Footnote 156: Plato, _Leges_, ix. 873.]
-
-[Footnote 157: Cicero, _Tusculanæ quæstiones_, i. 34 (83 _sq._).
-Valerius Maximus, viii. 9. Externa 3.]
-
-[Footnote 158: Epicurus, quoted by Seneca, _Epistulæ_, 26.]
-
-[Footnote 159: See Geiger, _op. cit._ p. 15 _sqq._]
-
-[Footnote 160: Seneca, _Epistulæ_, 70. See also _Idem_, _De ira_,
-iii. 15; _Idem_, _Consolatia ad Marciam_, 20.]
-
-[Footnote 161: Lecky, _History of European Morals_, i. 214, n. 1.]
-
-[Footnote 162: Seneca, _Epistulæ_, 70.]
-
-[Footnote 163: Epictetus, _Dissertationes_, i. 9. 16.]
-
-[Footnote 164: _Ibid._ i. 24. 20; i. 25. 20 _sq._; ii. 16. 37
-_sqq._; iii. 13. 14; iii. 24. 95 _sqq._]
-
-[Footnote 165: Pliny, _Historia naturalis_, ii. 5 (7).]
-
-It seems that the Roman people, before the influence of
-Christianity made itself felt, regarded suicide with considerable
-moral indifference. According to Servius, it was provided by the
-Pontifical laws that whoever hanged himself should be cast out
-unburied;[166] but from what has been said before it is probable
-that this practice only owed its origin to fear of the dead man's
-ghost. Vergil enumerates self-murderers not among the guilty, but
-among the unfortunate, confounding them with infants who have
-died prematurely and persons who have been condemned to die on a
-false charge.[167] Throughout the whole history of pagan Rome
-there was no statute declaring it to be a crime for an ordinary
-citizen to take his own life. The self-murderer's rights were in
-no way affected by his deed, his memory was no less honoured than
-if he had died a natural death, his will was recognised by law,
-and the regular order of succession was not interfered with.[168]
-In Roman law there are only two noteworthy exceptions to the rule
-that suicide is a matter with which the State has nothing to do:
-it was prohibited in the case of soldiers,[169] and the enactment
-was made that the suicide of an accused person should entail the
-same consequences as his condemnation; but in the latter instance
-the deed was admitted as a confession of guilt.[170] On the other
-{251} hand, it seems to have been the general opinion in Rome
-that suicide under certain circumstances is an heroic and
-praiseworthy act.[171] Even Cicero, who professed the doctrine of
-Pythagoras,[172] approved of the death of Cato.[173]
-
-[Footnote 166: Servius, _Commentarii in Virgilii Æneidos_,
-xii. 603.]
-
-[Footnote 167: Vergil, _Æneis_, vi. 426 _sqq._]
-
-[Footnote 168: Bourquelot, 'Recherches sur les opinions et la
-législation en matière de mort volontaire pendant le moyen age,'
-in _Bibliothèque de l'École des Chartes_, iii. 544. Geiger, _op.
-cit._ p. 64 _sqq._ Bynkershoek, _Observationes Juris Romani_, iv.
-4, p. 350.]
-
-[Footnote 169: _Digesta_, xlix. 16. 6. 7.]
-
-[Footnote 170: _Ibid._ xlviii. 21. 3 pr. _Cf._ Bourquelot, _op.
-cit._ iii. 543 sq.; Gibbon, _Decline and Fall of the Roman
-Empire_, v. 326; Lecky, _History of European Morals_, i. 219.]
-
-[Footnote 171: Stäudlin, _Geschichte der Vorstellungen und Lehren
-vom Selbstmorde_, p. 62 _sq._]
-
-[Footnote 172: Cicero, _Cato Major_, 20 (72 _sq._).]
-
-[Footnote 173: _Idem_, _De officiis_, i. 31 (112).]
-
-In no question of morality was there a greater difference between
-classical and Christian doctrines than in regard to suicide. The
-earlier Fathers of the Church still allowed, or even approved of,
-suicide in certain cases, namely, when committed in order to
-procure martyrdom,[174] or to avoid apostacy, or to retain the
-crown of virginity. To bring death upon ourselves voluntarily,
-says Lactantius, is a wicked and impious deed; "but when urged to
-the alternative, either of forsaking God and relinquishing faith,
-or of expecting all torture and death, then it is that undaunted
-in spirit we defy that death with all its previous threats and
-terrors which others fear."[175] Eusebius and other
-ecclesiastical writers mention several instances of Christian
-women putting an end to their lives when their chastity was in
-danger, and their acts are spoken of with tenderness, if not
-approbation; indeed, some of them were admitted into the calendar
-of saints.[176] This admission was due to the extreme honour in
-which virginity was held by the Fathers; St. Jerome, who denied
-that it was lawful in times of persecution to die by one's own
-hands, made an exception for cases in which a person's chastity
-was at stake.[177] But even this exception was abolished by St.
-Augustine. He allows that the virgins who laid violent hands upon
-themselves are worthy of compassion, but declares that there was
-no necessity for their doing so, since chastity is a virtue of
-{252} the mind which is not lost by the body being in captivity
-to the will and superior force of another. He argues that there
-is no passage in the canonical Scriptures which permits us to
-destroy ourselves either with a view to obtaining immortality or
-to avoiding calamity. On the contrary, suicide is prohibited in
-the commandment, "Thou shalt not kill," namely, "neither thyself
-nor another"; for he who kills himself kills no other but a
-man.[178] This doctrine, which assimilates suicide with murder,
-was adopted by the Church.[179] Nay, self-murder was declared to
-be the worst form of murder, "the most grievous thing of
-all";[180] already St. Chrysostom had declared that "if it is
-base to destroy others, much more is it to destroy one's
-self."[181] The self-murderer was deprived of rights which were
-granted to all other criminals. In the sixth century a Council at
-Orleans enjoined that "the oblations of those who were killed in
-the commission of any crime may be received, except of such as
-laid violent hands on themselves";[182] and a subsequent Council
-denied self-murderers the usual rites of Christian burial.[183]
-It was even said that Judas committed a greater sin in killing
-himself than in betraying his master Christ to a certain death.[184]
-
-[Footnote 174: See Barbeyrac, _Traité de la morale des Pères de
-l'Église_, pp. 18, 122 _sq._; Buonafede, _Istoria critica e
-filosofica del suicidio_, p. 135 _sqq._; Lecky, _op. cit._
-ii. 45 _sq._]
-
-[Footnote 175: Lactantius, _Divines Institutiones_, vi. ('De vero
-cultu') 17 (Migne, _Patrologiæ cursus_, vi. 697).]
-
-[Footnote 176: Eusebius, _Historia ecclesiastica_, viii. 12
-(Migne, _op. cit._ Ser. Graeca, xx. 769 _sqq._), 14 (_ibid._ col.
-785 _sqq._). St. Ambrose, _De virginibus_, xiii. 7 (Migne, _op.
-cit._ xvi. 229 _sqq._). St. Chrysostom, _Homilia encomiastica in
-S. Martyrem Pelagiam_ (Migne, _op. cit._ Ser. Graeca, l. 579 sqq.).]
-
-[Footnote 177: St. Jerome, _Commentarii in Jonam_, i. 12 (Migne,
-_op. cit._ xxv. 1129).]
-
-[Footnote 178: St. Augustine, _De Civitate Dei_, i. 16 _sqq._]
-
-[Footnote 179: Gratian, _Decretum_, ii. 23. 5. 9. 3.]
-
-[Footnote 180: Thomas Aquinas, _Summa theologica_, ii.-ii. 64. 5. 3.]
-
-[Footnote 181: St. Chrysostom, _In Epistolam ad Galatas
-commentarius_, i. 4 (Migne, _op. cit._ Ser. Graeca, lxi. 618 _sq._).]
-
-[Footnote 182: _Concilium Aurelianense II._ A.D. 533, can. 15
-(Labbe-Mansi, _Sacrorum Conciliorum collectio_, viii. 837). See
-also _Concilium Autisiodorense_, A.D. 578, can. 17 (Labbe-Mansi,
-ix. 913).]
-
-[Footnote 183: _Concilium Bracarense II._ A.D. 563, cap. 16
-(Labbe-Mansi, _op. cit._ ix. 779).]
-
-[Footnote 184: Damhouder, _Praxis rerum criminalium_, lviii. 2
-_sq._, p. 258. See Gratian, _op. cit._ ii. 33. 3. 3. 38. At the
-trial of the Marquise de Brinvilliers in 1676, the presiding
-judge said to the prisoner that "the greatest of all her crimes,
-horrible as they were, was, not the poisoning of her father and
-brothers, but her attempt to poison herself" (Ives,
-_Classification of Crimes_, p. 36).]
-
-According to the Christian doctrine, as formulated by Thomas
-Aquinas, suicide is utterly unlawful for three reasons. First,
-everything naturally loves itself and preserves itself in being;
-suicide is against a natural inclination and contrary to the
-charity which a man ought to bear towards himself, and
-consequently a mortal sin. {253} Secondly, by killing himself a
-person does an injury to the community of which he is a part.
-Thirdly, "life is a gift divinely bestowed on man, and subject to
-His power who 'killeth and maketh alive'; and therefore he who
-takes his own life sins against God, as he who kills another
-man's slave sins against the master to whom the slave belongs,
-and as he sins who usurps the office of judge on a point not
-referred to him; for to God alone belongs judgment of life and
-death."[185] The second of these arguments is borrowed from
-Aristotle, and is entirely foreign to the spirit of early
-Christianity. The notion of patriotism being a moral duty was
-habitually discouraged by it, and, as Mr. Lecky observes, "it was
-impossible to urge the civic argument against suicide without at
-the same time condemning the hermit life, which in the third
-century became the ideal of the Church."[186] But the other
-arguments are deeply rooted in some of the fundamental doctrines
-of Christianity--in the sacredness of human life, in the duty of
-absolute submission to God's will, and in the extreme importance
-attached to the moment of death. The earthly life is a
-preparation for eternity; sufferings which are sent by God are
-not to be evaded, but to be endured.[187] The man who
-deliberately takes away the life which was given him by the
-Creator displays the utmost disregard for the will and authority
-of his Master; and, worst of all, he does so in the very last
-minute of his life, when his doom is sealed for ever. His deed,
-as Thomas Aquinas says, is "the most dangerous thing of all,
-because no time is left to expiate it by repentance."[188] He who
-kills a fellow-creature does not in the same degree renounce the
-protection of God; he kills only the body, whereas the
-self-murderer kills both the body and the soul.[189] By denying
-the latter the right of Christian {254} burial the Church
-recognises that he has placed himself outside her pale.
-
-[Footnote 185: Thomas Aquinas, _op. cit._ ii.-ii. 64. 5.]
-
-[Footnote 186: Lecky, _History of European Morals_, ii. 44.]
-
-[Footnote 187: _Cf._ St. Augustine, _De Civitate Dei_, i. 23.]
-
-[Footnote 188: Thomas Aquinas, _op. cit._ ii.-ii. 64. 5. 3. _Cf._
-St. Augustine, _De Civitate Dei_, i. 25.]
-
-[Footnote 189: Damhouder, _op. cit._ lxxxviii. 1 _sq._, p. 258.]
-
-The condemnation of the Church influenced the secular
-legislation. The provisions of the Councils were introduced into
-the law-books. In France Louis IX. enforced the penalty of
-confiscating the self-murderer's property,[190] and laws to the
-same effect were passed in other European countries.[191] Louis
-XIV. assimilated the crime of suicide to that of _lèze
-majesté_.[192] According to the law of Scotland, "self-murder is
-as highly criminal as the killing our neighbour."[193] In England
-suicide is still regarded by the law as murder committed by a man
-on himself;[194] and, unless declared insane, the self-murderer
-forfeited his property as late as the year 1870, when forfeitures
-for felony were abolished.[195] In Russia, to this day, the
-testamentary dispositions of a suicide are deemed void by the
-law.[196]
-
-[Footnote 190: _Les Établissements de Saint Louis_, i. 92, vol.
-ii. 150.]
-
-[Footnote 191: Bourquelot, _op. cit._ iv. 263. Morselli, _op.
-cit._ p. 196 _sq._]
-
-[Footnote 192: Louis XIV., 'Ordonnance criminelle,' A.D. 1670,
-xxii. 1, in Isambert, Decrusy, and Taillandier, _Recueil général
-des anciennes lois françaises_, xviii. 414.]
-
-[Footnote 193: Erskine-Rankine, _Principles of the Law of
-Scotland_, p. 559.]
-
-[Footnote 194: Stephen, _History of the Criminal Law of England_,
-iii. 104. For earlier times see Bracton, _De Legibus et
-Consuetudinibus Angliæ_, fol. 150, vol. ii. 504 _sq._]
-
-[Footnote 195: Stephen, _op. cit._ iii. 105.]
-
-[Footnote 196: Foinitzki, in von Liszt, _La législation pénale
-comparée_, p. 548.]
-
-The horror of suicide also found a vent in outrages committed on
-the dead body. Of a woman who drowned herself in Edinburgh in
-1598, we are told that her body was "harled through the town
-backwards, and thereafter hanged on the gallows."[197] In France,
-as late as the middle of the eighteenth century, self-murderers
-were dragged upon a hurdle through the streets with the face
-turned to the ground; they were then hanged up with the head
-downwards, and finally thrown into the common sewer.[198]
-However, in most cases the treatment to which suicides bodies
-were subject was not originally meant as a punishment, but was
-intended to prevent their spirits {255} from causing mischief.
-All over Europe wandering tendencies have been ascribed to their
-ghosts.[199] In some countries the corpse of a suicide is
-supposed to make barren the earth with which it comes in
-contact,[200] or to produce hailstorms or tempests[201] or
-drought.[202] At Lochbroom, in the North-West of Scotland, the
-people believe that if the remains of a self-murderer be taken to
-any burying-ground which is within sight of the sea or of
-cultivated land, this would prove disastrous both to fishing and
-agriculture, or, in the words of the people, would cause "famine
-(or dearth) on sea and land"; hence the custom has been to inter
-suicides in out-of-the-way places among the lonely solitudes of
-the mountains.[203] The practice of burying them apart from other
-dead has been very wide-spread in Europe, and in many cases there
-are obvious indications that it arose from fear.[204] In the
-North-East of Scotland a suicide was buried outside a churchyard,
-close beneath the wall, and the grave was marked by a single
-large stone, or by a small cairn, to which the passing traveller
-was bound to cast a stone; and afterwards, when the suicide's
-body was allowed to rest in the churchyard, it was laid below the
-wall in such a position that no one could walk over the grave, as
-the people believed that if a woman enceinte stepped over such a
-{256} grave, her child would quit this earth by its own act.[205]
-In England persons against whom a coroner's jury had found a
-verdict of _felo de se_ were buried at cross-roads, with a stake
-driven through the body so as to prevent their ghosts from
-walking.[206] For the same purpose the bodies of {257} suicides
-were in many cases burned.[207] And when removed from the house
-where the act had been committed, they were commonly carried out,
-not by the door, but by a window,[208] or through a perforation
-specially made for the occasion in the door,[209] or through a
-hole under the threshold,[210] in order that the ghost should not
-find its way back into the house, or perhaps with a view to
-keeping the entrance of the house free from dangerous infection.[211]
-
-[Footnote 197: Ross, 'Superstitions as to burying Suicides in the
-Highlands,' in _Celtic Magazine_, xii. 354.]
-
-[Footnote 198: Serpillon, _Code Criminel_, ii. 223. _Cf._ Louis
-XIV., 'Ordonnance criminelle,' A.D. 1670, xxii. 1, in Isambert,
-Decrusy, and Taillandier, _op. cit._ xviii. 414.]
-
-[Footnote 199: Ross, in _Celtic Magazine_, xii. 352 (Highlanders
-of Scotland). Atkinson, _Forty Years in a Moorland Parish_,
-p. 217. Hyltén-Cavallius, _Wärend och Wirdarne_, i. 472 _sq._
-(Swedes). Allardt, 'Nyländska folkseder och bruk,' in _Nyland_,
-iv. 114 (Swedish Finlanders). Wuttke, _Der deutsche
-Volksaberglaube der Gegenwart_, §756, p. 474 _sq._ Schiffer,
-'Totenfetische bei den Polen,' in _Am Ur-Quell_, iii. 50
-(Polanders), 52 (Lithuanians). Volkov, 'Der Selbstmörder in
-Lithauen,' _ibid._ v. 87. von Wlislocki, 'Tod und Totenfetische
-im Volkglauben der Siebenbürger Sachsen,' _ibid._ iv. 53.
-Lippert, _Christenthum, Volksglaube und Volksbrauch_, p. 391.
-Dyer, _The Ghost World_, pp. 53, 151. Gaidoz, 'Le suicide,' in
-_Mélusine_, iv. 12.]
-
-[Footnote 200: Schiffer, in _Am Ur-Quell_, iii. 52 (Lithuanians).]
-
-[Footnote 201: _Ibid._ pp. 50 (Polanders), 53 (Lithuanians). von
-Wlislocki, _Volksglaube und religiöser Brauch der Magyaren_, p.
-61. Strausz, _Die Bulgaren_, p. 455. Prexl, 'Geburts- und
-Todtengebräuche der Rumänen in Siebenbürgen,' in _Globus_, lvii. 30.]
-
-[Footnote 202: Strausz, _op. cit._ p. 455 (Bulgarians).]
-
-[Footnote 203: Ross, in _Celtic Magazine_, xii. 350 _sq._]
-
-[Footnote 204: Gaidoz, in _Mélusine_, iv. 12. Frank, _System
-einer vollständigen medicinischen Polizey_, iv. 499. Moore, _op.
-cit._ i. 310 (Danes). Schiffer, in _Am Ur-Quell_, iii. 50
-(Polanders), 53 (Lithuanians). Volkov, _ibid._ v. 87
-(Lithuanians). Strausz, _op. cit._ p. 455 (Bulgarians).]
-
-[Footnote 205: Gregor, _Folk-Lore of the North-East of Scotland_,
-p. 213 _sq._]
-
-[Footnote 206: Stephen, _History of the Criminal Law of England_,
-iii. 105. Atkinson, _op. cit._ p. 217. This custom was formally
-abolished in 1823 by 4 Geo. IV. c. 52 (Stephen, _op. cit._ iii.
-105). Why were suicides buried at cross-roads? Possibly because
-the cross was supposed to disperse the evil energy ascribed to
-their bodies. Both in Europe and India the cross-road has, since
-ancient times, been a favourite place to divest oneself of
-diseases or other influences (Wuttke, _Der deutsche
-Volksaberglaube der Gegenwart_, §§ 483, 484, 492, 508, 514, 522,
-545, pp. 325, 326, 331, 341, 345, 349, 361. _Hymns of the
-Atharva-Veda_, pp. 272, 473, 519. Oldenberg, _Die Religion des
-Veda_, pp. 267, 268 n. 1). In the sacred books of India it is
-said that "a student who has broken the vow of chastity shall
-offer an ass to Nirriti on a cross-road" (_Gautama_, xxiii. 17),
-and that a person who has previously undergone certain other
-purification ceremonies "is freed from all crimes, even mortal
-sins, after looking on a cross-road at a pot filled with water,
-and reciting the text, 'Simhe me manyuh'" (_Baudhâyana_, iv. 7.
-7). In the hills of Northern India and as far as Madras, an
-approved charm for getting rid of a disease of demoniacal origin
-is to plant a stake where four roads meet, and to bury grains
-underneath, which crows disinter and eat (_North Indian Notes and
-Queries_, i. § 652, p. 100; Madden, 'The Turaee and Outer
-Mountains of Kumaoon,' in _Jour. Asiatic Soc. Bengal_, xvii. pt.
-i. 583; Crooke, _Popular Religion and Folk-Lore of Northern
-India_, i. 290). In the Province of Bih[=a]r, "in cases of
-sickness various articles are exposed in a saucer at a
-cross-road" (Grierson, _Bih[=a]r Peasant Life_, p. 407).
-According to a Bulgarian tale, Lot was enjoined by the priest to
-plant on a cross-road three charred twigs in order to free
-himself from his sin (Strausz, _op. cit._ p. 115). The Gypsies of
-Servia believe that a thief may divert from himself all
-suspicions by painting with blood a cross and a dot above it on
-the spot where he committed the theft (von Wlislocki,
-'Menschenblut im Glauben der Zigeuner,' in _Am Ur-Quell_, iii. 64
-_sq._). In Morocco the cross is used as a charm against the evil
-eye, and the chief reason for this is, I believe, that it is
-regarded as a conductor of the baneful energy emanating from the
-eye, dispersing it in all the quarters of the wind and thus
-preventing it from injuring the person or object looked at
-(Westermarck, 'Magic Origin of Moorish Designs,' in _Jour. Anthr.
-Inst._ xxxiv. 214). In Japan, if a criminal belonging to one of
-the lower classes commits suicide, his body is crucified
-(_Globus_, xviii. 197). When, under Tarquinius Priscus (or
-Tarquinius Superbus), many Romans preferred voluntary death to
-compulsory labour in the _cloaca_, or artificial canals by which
-the sewage was carried into the Tiber, the king ordered that
-their bodies should be crucified and abandoned to birds and
-beasts of prey (Pliny, _Historia naturalis_, xxxvi. 24; Servius,
-_Commentarii in Virgilii Æneidos_, xii. 603). The reason for thus
-crucifying the bodies of self-murderers is not stated; but it is
-interesting to notice, in this connection, the idea expressed by
-some Christian writers that the cross of the Saviour symbolised
-the distribution of his benign influence in all directions
-(d'Ancona, _Origini del teatro italiano_, i. 646; Tauler, quoted
-by Peltzer, _Deutsche Mystik und deutsche Kunst_, p. 191. I am
-indebted to my friend Dr. Yrjö Hirn for drawing my attention to
-this idea). With reference to persons who had killed a father,
-mother, brother, or child, Plato says in his 'Laws' (ix.
-873):--"If he be convicted, the servants of the judges and the
-magistrates shall slay him at an appointed place without the city
-where three ways meet, and there expose his body naked, and each
-of the magistrates on behalf of the whole city shall take a stone
-and cast it upon the head of the dead man, and so deliver the
-city from pollution; after that, they shall bear him to the
-borders of the land, and cast him forth unburied, according to
-law." The duels by which the ancient Swedes were legally
-compelled to repair their wounded honour were to be fought on a
-place where three roads met (Leffler, _Om den fornsvenska
-hednalagen_, p. 40 _sq._; _supra_, i. 502). In various countries
-it has been the custom to bury the dead at cross-roads (Grimm,
-'Ueber das Verbrennen der Leichen,' in _Kleinere Schriften_, ii.
-288 (Bohemians). Lippert, _Die Religionen der europäischen
-Culturvölker_, p. 310 (Slavonians); Winternitz, _Das altindische
-Hochzeitsrituell_, p. 68; Oldenberg, _Die Religion des Veda_,
-pp. 267, 268, 562 n. 3)--a custom which may have given rise to the
-idea that cross-roads are haunted (Winternitz, _op. cit._ p. 68;
-Oldenberg, _op. cit._ p. 267 _sq._; _cf._ Wuttke, _op. cit._
-§ 108, p. 89 _sq._).]
-
-[Footnote 207: Bourquelot, _loc. cit._ iv. 263. Hyltén-Cavallius,
-_op. cit._ i. 459; Nordström, _Bidrag till den svenska
-samhälls-författningens historia_, ii. 331 (Swedes), von
-Wlislocki, 'Tod und Totenfetische im Volkglauben der Siebenbürger
-Sachsen,' in _Am Ur-Quell_, iv. 53.]
-
-[Footnote 208: Wuttke, _op. cit._ § 756, p. 474; Frank, _op.
-cit._ iv. 498 _sq._; Lippert, _Der Seelencult_, p. 11 (people in
-various parts of Germany). Schiffer, in _Am Ur-Quell_, iii. 50
-(Polanders).]
-
-[Footnote 209: Bourquelot, _loc. cit._ iv. 264 (at Abbeville).]
-
-[Footnote 210: Grimm, _Deutsche Rechtsalterthümer_, p. 726 _sqq._
-Hyltén-Cavallius, _op. cit._ i. 472 _sq._ (Swedes).]
-
-[Footnote 211: See _infra_, on Regard for the Dead. Contact with
-a self-murderer's body is considered polluting (Prexl, 'Geburts- und
-Todtengebräuche der Rumänen in Siebenbürgen,' in _Globus_,
-lvii. 30; Hyltén-Cavallius, _Wärend och Wirdarne_, i. 459, 460,
-and ii. 412). We are told that in the eighteenth century people
-did not dare to cut down a person who had hanged himself, though
-he was found still alive (Frank, _op. cit._ iv. 499). Among the
-Bannavs of Cambodia **everybody who takes part in the burial of a
-self-murderer is obliged to undergo a certain ceremony of
-purification, whereas no such ceremony is prescribed in the case
-of other burials (_Mittheil. d. Geogr. Ges. zu Jena_, iii. 9).]
-
-However, side by side with the extreme seventy with which suicide
-is viewed by the Christian Church, we find, even in the Middle
-Ages, instances of more humane feelings towards its perpetrator.
-In mediæval tales and ballads true lovers die together and are
-buried in the same grave; two roses spring through the turf and
-twine lovingly together.[212] In the later Middle Ages, says M.
-{258} Bourquelot, "on voit qu'à mesure qu'on avance,
-l'antagonisme devient plus prononcé entre l'esprit religieux et
-les idées mondaines relativement à la mort volontaire. Le clergé
-continue à suivre la route qui a été tracée par Saint Augustin et
-à déclarer le suicide criminel et impie; mais la tristesse et le
-désespoir n'entendent pas sa voix, ne se souviennent pas de ses
-prescriptions."[213] The revival of classical learning,
-accompanied as it was by admiration for antiquity and a desire to
-imitate its great men, not only increased the number of suicides,
-but influenced popular sentiments on the subject.[214] Even the
-Catholic casuists, and later on philosophers of the school of
-Grotius and others, began to distinguish certain cases of
-legitimate suicide, such as that committed to avoid dishonour or
-probable sin, or that of a condemned person saving himself from
-torture by anticipating an inevitable death, or that of a man
-offering himself to death for the sake of his friend.[215] Sir
-Thomas More, in his Utopia, permits a person who is suffering
-from an incurable and painful disease to take his own life,
-provided that he does so with the agreement of the priests and
-magistrates; nay, he even maintains that these should exhort such
-a man to put an end to a life which is only a burden to himself
-and others.[216] Donne, the well-known Dean of St. Paul's, wrote
-in his younger days a book in defence of suicide, "a
-Declaration," as he called it, "of that paradoxe, or thesis, that
-Self-homicide is not so naturally sin, that it may never be
-otherwise." He there pointed out the fact--which ought never to
-be overlooked by those who derive their arguments from
-"nature"--that some things may be natural to the species, and yet
-not natural to every individual member of it.[217] In one of his
-essays Montaigne pictures classical cases of suicide with colours
-of unmistakable sympathy. "La plus volontaire mort," he {259}
-observes, "c'est la plus belle. La vie despend de la volonté
-d'aultruy; la mort, de la nostre."[218] The rationalism of the
-eighteenth century led to numerous attacks both upon the views of
-the Church and upon the laws of the State concerning suicide.
-Montesquieu advocated its legitimacy:--"La société est fondée sur
-un avantage mutuel; mais lorsqu'elle me devient onéreuse, qui
-m'empêche d'y renoncer? La vie m'a été donnée comme une faveur;
-je puis donc la rendre lorsqu'elle ne l'est plus: la cause cesse,
-l'effet doit donc cesser aussi."[219] Voltaire strongly opposed
-the cruel laws which subjected a suicide's body to outrage and
-deprived his children of their heritage.[220] If his act is a
-wrong against society, what is to be said of the voluntary
-homicides committed in war, which are permitted by the laws of
-all countries? Are they not much more harmful to the human race
-than self-murder, which nature prevents from ever being practised
-by any large number of men?[221] Beccaria pointed out that the
-State is more wronged by the emigrant than by the suicide, since
-the former takes his property with him, whereas the latter leaves
-his behind.[222] According to Holbach, he who kills himself is
-guilty of no outrage on nature or its author; on the contrary, he
-follows an indication given by nature when he parts from his
-sufferings through the only door which has been left open. Nor
-has his country or his family any right to complain of a member
-whom it has no means of rendering happy, and from whom it
-consequently has nothing more to hope.[223] Others eulogised
-suicide when committed for a noble end,[224] or recommended it on
-certain occasions. "Suppose," says Hume, "that it is no longer in
-my {260} power to promote the interest of society; suppose that I
-am a burthen to it; suppose that my life hinders some person from
-being much more useful to society. In such cases my resignation
-of life must not only be innocent but laudable."[225] Hume also
-attacks the doctrine that suicide is a transgression of our duty
-to God. "If it would be no crime in me to divert the Nile from
-its course, were I able to do so, how could it be a crime to turn
-a few ounces of blood from their natural channel? Were the
-disposal of human life so much reserved as the peculiar province
-of the Almighty that it were an encroachment on his right for men
-to dispose of their own lives, would it not be equally wrong of
-them to lengthen out their lives beyond the period which by the
-general laws of nature he had assigned to it? My death, however
-voluntary, does not happen without the consent of Providence;
-when I fall upon my own sword, I receive my death equally from
-the hands of the Deity as if it had proceeded from a lion, a
-precipice, or a fever."[226]
-
-[Footnote 212: See Bourquelot, _loc. cit._ iv. 248; Gummere,
-_Germanic Origins_, p. 322.]
-
-[Footnote 213: Bourquelot, _loc. cit._ iv. 253.]
-
-[Footnote 214: _Ibid._ iv. 464. Morselli, _op. cit._ p. 35.]
-
-[Footnote 215: Buonafede, _op. cit._ p. 148 _sqq._ Lecky, _op.
-cit._ ii. 55.]
-
-[Footnote 216: More, _Utopia_, p. 122.]
-
-[Footnote 217: Donne, _Biathanatos_, p. 45. Donne's book was
-first committed to the press in 1644, by his son.]
-
-[Footnote 218: Montaigne, _Essais_, ii. 3 (_[OE]uvres_, p. 187).]
-
-[Footnote 219: Montesquieu, _Lettres Persanes_, 76 (_[OE]uvres_,
-p. 53).]
-
-[Footnote 220: Voltaire, _Commentaire sur le livre Des délits et
-des peines_, 19 (_[OE]uvres complètes_, v. 416). _Idem_, _Prix de
-la justice et de l'humanité_, 5 (_ibid._ v. 424).]
-
-[Footnote 221: _Idem_, _Note to Olympie acte v. scène_ 7
-(_[OE]uvres complètes_, i. 826, n. _b_). _Idem_, _Dictionnaire
-Philosophique_, art. Suicide (_ibid._ viii. 236).]
-
-[Footnote 222: Beccaria, _Dei delitti e delle pene_, § 35
-(_Opere_, i. 101).]
-
-[Footnote 223: Holbach, _Système de la nature_, i. 369.]
-
-[Footnote 224: In the early part of the nineteenth century this
-was done by Fries, _Neue oder anthropologische Kritik der
-Vernunft_, iii. 197.]
-
-[Footnote 225: Hume, 'Suicide,'in _Philosophical Works_, iv. 413.]
-
-[Footnote 226: _Ibid._ p. 407 _sqq._]
-
-Thus the main arguments against suicide which had been set forth
-by pagan philosophers and Christian theologians were scrutinised
-and found unsatisfactory or at least insufficient to justify that
-severe and wholesale censure which was passed on it by the Church
-and the State. But a doctrine which has for ages been inculcated
-by the leading authorities on morals is not easily overthrown;
-and when the old arguments are found fault with new ones are
-invented. Kant maintained that a person who disposes of his own
-life degrades the humanity subsisting in his person and entrusted
-to him to the end that he might uphold it.[227] Fichte argued
-that it is our duty to preserve our life and to will to live, not
-for the sake of life, but because our life is the exclusive
-condition of the realisation of the moral law through us.[228]
-According to Hegel it is a contradiction to speak of a person's
-right over his life, since this would {261} imply a right of a
-person over himself, and no one can stand above and execute
-himself.[229] Paley, again, feared that if religion and morality
-allowed us to kill ourselves in any case, mankind would have to
-live in continual alarm for the fate of their friends and dearest
-relations[230]--just as if there were a very strong temptation
-for men to shorten their lives. But common sense is neither a
-metaphysician nor a sophist. When not restrained by the yoke of a
-narrow theology, it is inclined in most cases to regard the
-self-murderer as a proper object of compassion rather than of
-condemnation, and in some instances to admire him as a hero. The
-legislation on the subject therefore changed as soon as the
-religious influence was weakened. The laws against suicide were
-abolished in France by the Revolution,[231] and afterwards in
-various other continental countries;[232] whilst in England it
-became the custom of jurymen to presume absence of a sound mind
-in the self-murderer--perjury, as Bentham said, being the penance
-which prevented an outrage on humanity.[233] These measures
-undoubtedly indicate not only a greater regard for the innocent
-relatives of the self-murderer, but also a change in the moral
-ideas concerning the act itself**.
-
-[Footnote 227: Kant, _Metaphysische Anfangungsgründe der
-Tugendlehre_, p. 73.]
-
-[Footnote 228: Fichte, _Das System der Sittenlehre_, p. 339
-_sqq._ See also _ibid._ pp. 360, 391.]
-
-[Footnote 229: Hegel, _Grundlinien der Philosophie des Rechts_,
-§ 70, Zusatz, p. 72.]
-
-[Footnote 230: Paley, _Principles of Moral and Political
-Philosophy_, iv. 3 (_Complete Works_, ii. 230).]
-
-[Footnote 231: Legoyt, _op. cit._ p. 109.]
-
-[Footnote 232: Bourquelot, _loc. cit._ iv. 475.]
-
-[Footnote 233: Bentham, _Principles of Penal Law_, ii. 4. 4
-(_Works_, i. 479 _sq._).]
-
-As appears from this survey of facts, the moral valuation of
-suicide varies to an extreme degree. It depends partly on the
-circumstances in which the act is committed, partly on the point
-of view from which it is regarded and the notions held about the
-future life. When a person sacrifices his life for the benefit of
-a fellow-man or for the sake of his country or to gratify the
-supposed desire of a god, his deed may be an object of the
-highest praise. It may, further, call forth approval or
-admiration as indicating a keen sense of honour or as a test of
-courage; in Japan, says Professor Chamberlain, "the courage to
-take {262} life--be it one's own or that of others--ranks
-extraordinarily high in public esteem."[234] In other cases
-suicide is regarded with indifference as an act which concerns
-the agent alone. But for various reasons it is also apt to give
-rise to moral disapproval. The injury which the person committing
-it inflicts upon himself may excite sympathetic resentment
-towards him; he may be looked upon as injurer and injured at the
-same time. Plato asks in his 'Laws':--"What ought he to suffer
-who murders his nearest and so-called dearest friend? I mean, he
-who kills himself."[235] And the same point of view is
-conspicuous in St. Augustine's argument, that the more innocent
-the self-murderer was before he committed his deed the greater is
-his guilt in taking his life[236]--an argument of particular
-force in connection with a theology which condemns suicides to
-everlasting torments and which regards it as a man's first duty
-to save his soul. The condemnation of killing others may by an
-association of ideas lead to a condemnation of killing one's
-self,[237] as is suggested by the Christian doctrine that suicide
-is prohibited in the commandment, "Thou shalt not kill." The
-horror which the act inspires, the fear of the malignant ghost,
-and the defiling effect attributed to the shedding of blood, also
-tend to make suicide an object of moral reprobation or to
-increase the disapproval of it;[238] and the same is the case
-with the exceptional treatment to which the self-murderer's body
-is subject and his supposed annihilation or miserable existence
-after death, which easily come to be looked upon in the light of
-a punishment.[239] Suicide is, moreover, blamed as an act of
-moral cowardice,[240] and, especially, as an injury inflicted
-upon other persons, to whom the agent {263} owed duties from
-which he withdrew by shortening his life.[241] Even among savages
-we meet with the notion that a person is not entitled to treat
-himself just as he pleases. Among the Goajiro Indians of
-Colombia, if anybody accidentally cuts himself, say with his own
-knife, or breaks a limb, or otherwise does himself an injury, his
-family on the mother's side immediately demands blood-money,
-since, being of their blood, he is not allowed to spill it
-without paying for it; the father's relatives demand tear-money,
-and friends present claim compensation to repay their sorrow at
-seeing a friend in pain.[242] That a similar view is sometimes
-taken by savages with regard to suicide appears from a few
-statements quoted above.[243] The opinion that suicide is an
-offence against society at large is particularly likely to
-prevail in communities where the interests of the individual are
-considered entirely subordinate to the interests of the State.
-The religious argument, again, that suicide is a sin against the
-Creator, an illegitimate interference with his work and decrees,
-comes to prominence in proportion as the moral consciousness is
-influenced by theological considerations. In Europe this
-influence is certainly becoming less and less. And considering
-that the religious view of suicide has been the chief cause of
-the extreme severity with which it has been treated in Christian
-countries, I am unable to subscribe to the opinion expressed by
-Professor Durkheim, that the more lenient judgment passed on it
-by the public conscience of the present time is merely accidental
-and transient. The argument adduced in support of this opinion
-leaves out of account the real causes to which the valuation of
-suicide is due: it is said that the moral evolution is not likely
-to be retrogressive in this particular point after it has
-followed {264} a certain course for centuries.[244] It is true
-that moral progress has a tendency to increase our sense of duty
-towards our fellow-men. But at the same time it also makes us
-more considerate as regards the motives of conduct; and--not to
-speak of suicides committed for the benefit of others--the
-despair of the self-murderer will largely serve as a palliation
-of the wrong which he may possibly inflict upon his neighbour.
-
-[Footnote 234: Chamberlain, _Things Japanese_, p. 221.]
-
-[Footnote 235: Plato, _Leges_, ix. 873.]
-
-[Footnote 236: St. Augustine, _De Civitate Dei_, i. 17.]
-
-[Footnote 237: See Simmel, _Einleitung in die Moralwissenschaft_,
-i. 187.]
-
-[Footnote 238: _Cf._ _supra_, i. 377.]
-
-[Footnote 239: See _supra_, ii. 237 _sqq._; Josephus, _De bello
-Judaico_, iii. 8. 5; Plato, _Leges_, ix. 873; Aristotle, _Ethica
-Nicomachea_, v. 11. 2 _sq._]
-
-[Footnote 240: Hegel, _Grundlinien der Philosophie des Rechts_, §
-70, Zusatz, p. 72; Fowler, _Progressive Morality_, p. 151; &c.]
-
-[Footnote 241: English lawyers have represented suicide as an
-offence both against God and against the sovereign, who "has an
-interest in the preservation of all his subjects" (Plowden,
-_Commentaries_, i. 261; Blackstone, _Commentaries on the Laws of
-England_, iv. 190. _Cf._ Ives, _op. cit._ p. 40 _sq._).]
-
-[Footnote 242: Simons, 'Exploration of the Goajira Peninsula,' in
-_Proceed. Roy. Geo. Soc._ N. Ser. vii. 790.]
-
-[Footnote 243: _Supra_, ii. 240 _sq._]
-
-[Footnote 244: Durkheim, _Le suicide_, p. 377.]
-
-
-
-
-CHAPTER XXXVI
-
-SELF-REGARDING DUTIES AND VIRTUES--INDUSTRY--REST
-
-
-ACCORDING to current ideas men owe to themselves a variety of
-duties similar in kind to those which they owe to their
-fellow-creatures. They are not only forbidden to take their own
-lives, but are also in some measure considered to be under an
-obligation to support their existence, to take care of their
-bodies, to preserve a certain amount of personal freedom, not to
-waste their property, to exhibit self-respect, and, in general,
-to promote their own happiness. And closely related to these
-self-regarding duties there are self-regarding virtues, such as
-diligence, thrift, temperance. In all these cases, however, the
-moral judgment is greatly influenced by the question whether the
-act, forbearance, or omission, which increases the person's own
-welfare, conflicts or not with the interests of other people. If
-it does conflict, opinions vary as to the degree of selfishness
-which is recognised as allowable. But judgments containing moral
-praise or the inculcation of duty are most commonly passed upon
-conduct which involves some degree of self-sacrifice, not on such
-as involves self-indulgence.
-
-Moreover, the duties which we owe to ourselves are generally much
-less emphasised than those which we owe to others. "Nature," says
-Butler, "has not given us so sensible a disapprobation of
-imprudence and folly, either in ourselves or others, as of
-falsehood, injustice, and {266} cruelty."[1] Nor does a
-prudential virtue receive the same praise as one springing from a
-desire to promote the happiness of a fellow-man. Many moralists
-even maintain that, properly speaking, there are no
-self-regarding duties and virtues at all; that useful action
-which is useful to ourselves alone is not matter for moral
-notice; that in every case duties towards one's self may be
-reduced into duties towards others; that intemperance and
-extravagant luxury, for instance, are blamable only because they
-tend to the public detriment, and that prudence is a virtue only
-in so far as it is employed in promoting public interest.[2] But
-this opinion is hardly in agreement with the ordinary moral
-consciousness.
-
-[Footnote 1: Butler, 'Dissertation on the Nature of Virtue,' in
-_Analogy of Religion, &c._ p. 339.]
-
-[Footnote 2: Hutcheson, _Inquiry into the Original of our Ideas
-of Beauty and Virtue_, pp. 133, 201. Grote, _Treatise on the
-Moral Ideals_, p. 77 _sqq._ Clifford, _Lectures and Essays_,
-pp. 298, 335. von Jhering, _Der Zweck im Recht_, ii. 225.]
-
-It is undoubtedly true that no mode of conduct is exclusively
-self-regarding. No man is an entirely isolated being, hence
-anything which immediately affects a person's own welfare affects
-at the same time, in some degree, the welfare of other
-individuals. It is also true that the moral ideas concerning such
-conduct as is called self-regarding are more or less influenced
-by considerations as to its bearing upon others. But this is
-certainly not the only factor which determines the judgment
-passed on it. In the education of children various modes of
-self-regarding conduct are strenuously insisted upon by parents
-and teachers. What they censure or punish is regarded as wrong,
-what they praise or reward is regarded as good; for, as we have
-noticed above, men have a tendency to sympathise with the
-retributive emotions of persons for whom they feel regard.[3]
-Moreover, as in the case of suicide,[4] so also in other
-instances of self-inflicted harm, the injury committed may excite
-sympathetic resentment towards the agent, although the victim of
-it is his own self. Disinterested likes or dislikes often give
-rise to moral {267} approval or disapproval of conduct which is
-essentially self-regarding.[5] It has also been argued that no
-man has a right to trifle with his own well-being even where
-other persons interests are not visibly affected by it, for the
-reason that he is not entitled wantonly to waste "what is not at
-his unconditional disposal."[6] And in various other ways--as
-will be seen directly--religious, as well as magical, ideas have
-influenced moral opinions relating to self-regarding conduct. But
-at the same time it is not difficult to see why self-regarding
-duties and virtues only occupy a subordinate place in our moral
-consciousness. The influence they exercise upon other persons'
-welfare is generally too remote to attract much attention. In
-education there is no need to emphasise any other self-regarding
-duties and virtues but those which, for the sake of the
-individual's general welfare, require some sacrifice of his
-immediate comfort or happiness. The compassion which we are apt
-to feel for the victim of an injury is naturally lessened by the
-fact that it is self-inflicted. And, on the other hand,
-indignation against the offender is disarmed by pity, imprudence
-commonly carrying its own punishment along with it.[7]
-
-[Footnote 3: _Supra_, i. 114 _sq._]
-
-[Footnote 4: _Supra_, ii. 262.]
-
-[Footnote 5: _Cf._ _supra_, i. 116 _sq._]
-
-[Footnote 6: Martineau, _Types of Ethical Theory_, ii. 126.]
-
-[Footnote 7: _Cf._ Butler, _op. cit._ p. 339 _sq._; Dugald
-Stewart, _Philosophy of the Active and Moral Powers of Man_,
-ii. 346 _sq._]
-
-Being so little noticed by custom and public opinion, and still
-less by law, most self-regarding duties hardly admit of a
-detailed treatment. In a general way it may be said that progress
-in intellectual culture has, in some respects, been favourable to
-their evolution; Darwin even maintains that, with a few
-exceptions, self-regarding virtues are not esteemed by
-savages.[8] The less developed the intellect, the less apt it is
-to recognise the remoter consequences of men's behaviour; hence
-more reflection than that exercised by the savage may be needed
-to see that modes of conduct which immediately concern a person's
-own welfare at the same time affect the well-being {268} of his
-neighbours or the whole community of which he is a member. So
-also, owing to his want of foresight, the savage would often fail
-to notice how important it may be to subject one's self to some
-temporary deprivation or discomfort in order to attain greater
-happiness in the future. We have noticed above that many savages
-hardly ever correct their children,[9] and this means that one of
-the chief sources from which the notions of self-regarding duties
-spring is almost absent among them. But on the other hand it must
-also be remembered that disinterested antipathies, another cause
-of such notions, exercise more influence upon the unreflecting
-than upon the reflecting moral consciousness, and that many
-magical and religious ideas which at the lower stages of
-civilisation give rise to duties of a self-regarding character
-are no longer held by people more advanced in culture.
-
-[Footnote 8: Darwin, _Descent of Man_, p. 118 _sq._]
-
-[Footnote 9: _Supra_, i. 513 _sq._]
-
-These general statements referring to the nature and origin of
-self-regarding duties and virtues I shall now illustrate by a
-short survey of moral ideas concerning some representative modes
-of self-regarding conduct:--industry and rest; temperance,
-fasting, and abstinence from certain kinds of food and drink;
-cleanliness and uncleanliness; and ascetic practices generally.
-
-       *       *       *       *       *
-
-Man is naturally inclined to idleness, not because he is averse
-from muscular activity as such, but because he dislikes the
-monotony of regular labour and the mental exertion it
-implies.[10] In general he is induced to work only by some
-special motive which makes him think the trouble worth his while.
-Among savages, who have little care for the morrow,[11] who have
-few comforts of life to provide for, and whose property is often
-of such a kind as to prevent any great accumulation of it, almost
-the sole inducement to industry is either necessity or
-compulsion. Men are lazy or industrious according as the
-necessaries of life are easy {269} or difficult to procure, and
-they prefer being idle if they can compel other persons to work
-for them as their servants or slaves.
-
-[Footnote 10: _Cf._ Ferrero, 'Les formes primitives du travail,'
-in _Revue scientifique_, ser. iv. vol. v. 331 _sqq._]
-
-[Footnote 11: Buecher, _Die Entstehung der Volkswirtschaft_,
-p. 21 _sqq._]
-
-Australian natives "can exert themselves vigorously when hunting
-or fishing or fighting or dancing, or at any time when there is a
-prospect of an immediate reward; but prolonged labour with the
-object of securing ultimate gain is distasteful to them."[12]
-With reference to the Polynesians Mr. Hale observes that in those
-islands which are situated nearest the equator, where the heat
-with little or no aid from human labour calls into existence
-fruits serving to support human life, the inhabitants are an
-indolent and listless race; whilst "a severer clime and ruder
-soil are favourable to industry, foresight, and a hardy
-temperament. These opposite effects are manifested in the
-Samoans, Nukahivans, and Tahitians, on the one side, and the
-Sandwich Islanders and New Zealanders on the other."[13] Mr. Yate
-likewise contrasts the industry of the Maoris with the proverbial
-idleness of the Tonga Islanders: the former "are obliged to work,
-if they would eat," whereas "in the luxurious climate of the
-Friendly Islands, there is scarcely any need of labour, to obtain
-the necessaries, and even many of the luxuries, of life."[14] The
-Malays are described as fond of a life of slothful ease, because
-"persevering toil is unnecessary, or would bring them no
-additional enjoyments."[15] The natives of Sumatra, says Marsden,
-"are careless and improvident of the future, because their wants
-are few; for though poor {270} they are not necessitous, nature
-supplying, with extraordinary facility, whatever she has made
-requisite for their existence."[16] The Toda of the Neilgherry
-Hills will not "work one iota more than circumstances compel him
-to do";[17] and indolence seems to be a characteristic of most
-peoples of India,[18] though there are exceptions to the
-rule.[19] Burckhardt observes that it is not the southern sun, as
-Montesquieu imagined, but the luxuriance of the southern soil and
-the abundance of provisions that relax the exertions of the
-inhabitants and cause apathy:--"By the fertility of Egypt,
-Mesopotamia, and India, which yield their produce almost
-spontaneously, the people are lulled into indolence; while in
-neighbouring countries, of a temperature equally warm, as among
-the mountains of Yemen and Syria, where hard labour is necessary
-to ensure a good harvest, we find a race as superior in industry
-to the former as the inhabitants of Northern Europe are to those
-of Spain or Italy."[20] Indolence is a common,[21] though not
-universal,[22] trait of the African character. Of the Negroes on
-the Gold Coast Bosman says that "nothing {271} but the utmost
-necessity can force them to labour."[23] The Waganda are
-represented as excessively indolent, in consequence of the ease
-with which they can obtain all the necessaries of life.[24] Of
-the Namaquas we are told that "they may be seen basking in the
-sun for days together, in listless inactivity, frequently almost
-perishing from thirst or hunger, when with very little exertion
-they may have it in their power to satisfy the cravings of
-nature. If urged to work, they have been heard to say: 'Why
-should we resemble the worms of the ground?'"[25] Most of the
-American Indians are said to have a slothful disposition, because
-they can procure a livelihood with but little labour.[26] But the
-case is different with the Greenlanders and other Eskimo, who
-have to struggle hard for their existence.[27]
-
-[Footnote 12: Brough Smyth, _Aborigines of Victoria_, i. 29 _sq._
-See also _ibid._ ii. 248; Collins, _English Colony in New South
-Wales_, i. 601; Fison and Howitt, _Kamilaroi and Kurnai_,
-p. 259 _sq._]
-
-[Footnote 13: Hale, _U.S. Exploring Expedition. Vol. VI.
-Ethnography and Philology_, p. 17. See also Williams, _Missionary
-Enterprises in the South Sea Islands_, p. 534 (Samoans); Ellis,
-_Polynesian Researches_, i. 130 _sq._ (Tahitians); Brenchley,
-_Cruise of H.M.S. Curaçoa among the South Sea Islands_, p. 58
-(natives of Tutuila); Melville, _Typee_, p. 287 (some Marquesas
-Islanders); Anderson, _Notes of Travel in Fiji and New
-Caledonia_, p. 236 (New Caledonians); Penny, _Ten Years in
-Melanesia_, p. 74 (Solomon Islanders).]
-
-[Footnote 14: Yate, _Account of New Zealand_, p. 105 _sq._]
-
-[Footnote 15: McNair, _Perak and the Malays_, p. 201. Bock,
-_Head-Hunters of Borneo_, p. 275. Raffles, _History of Java_, i.
-251. St. John, _Life in the Forests of the Far East_, ii. 323.]
-
-[Footnote 16: Marsden, _History of Sumatra_, p. 209. See also
-_Glimpses of the Eastern Archipelago_, pp. 76, 87 (Bataks).]
-
-[Footnote 17: Marshall, _A Phrenologist amongst the Todas_, p.
-88. See also _ibid._ p. 86; Shortt, 'Hill Tribes of the
-Neilgherries,' in _Trans. Ethn. Soc._ N.S. vii. 241; Mantegazza,
-'Studii sull' etnologia dell' India,' in _Archivio per
-l'antropologia e la etnologia_, xiii. 406.]
-
-[Footnote 18: Cooper, _Mishmee Hills_, p. 100 (Assamese).
-Tickell, 'Memoir on the Hodésum,' in _Jour. Asiatic Soc. Bengal_,
-ix. 808 (Hos). Dalton, _Ethnology of Bengal_, pp. 57 (Jyntias and
-Kasias), 101 (Lepchas). Burton, _Sindh_, p. 284. Moorcroft and
-Trebeck, _Travels in the Himalayan Provinces of Hindustan_, i.
-321 (Ladakhis). Caldwell, _Tinnevelly Shanars_, p. 58.]
-
-[Footnote 19: Man, _Sonthalia_, p. 19. Hodgson, _Miscellaneous
-Essays_, i. 152 (Bódo and Dhimáls). Macpherson, _Memorials of
-Service in India_, p. 81 (Kandhs).]
-
-[Footnote 20: Burckhardt, _Arabic Proverbs_, p. 219.]
-
-[Footnote 21: Beltrame, _Il Sénnaar_, i. 166. Tuckey, _Expedition
-to Explore the River Zaire_, p. 369. Johnston, _The River Congo_,
-p. 402 (Bakongo). Casati, _Ten Years in Equatoria_, i. 85 (Abaka
-Negroes). Wilson and Felkin, _Uganda_, ii. 310 (Gowane people).
-Burton, _Zanzibar_, ii. 96 (Wanika). Bonfanti, 'L'incivilimento
-dei negri nell' Africa intertropicale,' in _Archivio per
-l'antropologia e la etnologia_, xv. 133 (Bantu). Andersson, _Lake
-Ngami_, p. 231 (Herero). Magyar, _Reisen in Süd-Afrika_, p. 290
-(Kimbunda). Kropf, _Das Volk der Xosa-Kaffern_, p. 89. Tyler,
-_Forty Years among the Zulus_, p. 194. Ellis, _History of
-Madagascar_, i. 140. Shaw, 'Betsileo Country and People,' in
-_Antananarivo Annual_, iii. 81.]
-
-[Footnote 22: Baker, _Ismailïa_, p. 56 (Shilluk). Baumann,
-_Usambara_, p. 244 (Wapare). Bosman, _Description of the Coast of
-Guinea_, p. 318 (Negroes of Fida). Andersson, _Notes on Travel in
-South Africa_, p. 235 (Ovambo). See also _infra_, p. 272.]
-
-[Footnote 23: Bosman, _op. cit._ p. 101.]
-
-[Footnote 24: Wilson and Felkin, _op. cit._ i. 225.]
-
-[Footnote 25: Andersson, _Lake Ngami_, p. 335. See also Kolben,
-_Present State of the Cape of Good-Hope_, i. 46, 324; Barrow,
-_Travels into the Interior of Southern Africa_, i. 152; Fritsch,
-_Die Eingeborenen Süd-Afrika's_, p. 324 (Hottentots).]
-
-[Footnote 26: Bridges, 'Manners and Customs of the Firelanders,'
-in _A Voice for South America_, xiii. 203 (Fuegians).
-Dobrizhoffer, _Account of the Abipones_, ii. 151; but he praises
-the Abiponian women for their unwearied industry (_ibid._ ii. 151
-_sq._). Brett, _Indian Tribes of Guiana_, p. 343; Kirke,
-_Twenty-five Years in British Guiana_, p. 150. Domenech, _Seven
-Years' Residence in the Great Deserts of North America_, ii. 190.
-Burton, _City of the Saints_, p. 126 (Sioux). Harmon, _Voyages
-and Travels in the Interior of North America_, p. 285
-(Tacullies). Meares, _Voyages to the North-West Coast of
-America_, p. 265 (Nootkas).]
-
-[Footnote 27: Cranz, _History of Greenland_, i. 126. Armstrong,
-_Narrative of the Discovery of the North-West Passage_, p. 196
-(Western Eskimo).]
-
-We have seen that savages consider it a duty for a married man to
-support his family,[28] and this in most cases implies that he is
-under an obligation to do a certain amount of work. We have also
-seen that the various occupations of life are divided between the
-sexes according to rules fixed by custom,[29] and this means that
-absolute idleness is not generally tolerated in either men or
-women, though the drudgeries of life are often imposed upon the
-latter. Of some uncivilised peoples we are directly told that
-they enjoin work as a duty or regard industry as a virtue. The
-Greenlanders esteem addiction to labour as the chief of virtues
-and believe that the industrious man {272} will have a very happy
-existence after death.[30] The Atkha Aleuts prohibited
-laziness.[31] Mr. Batchelor relates an Ainu fable which
-encourages diligence and discourages idleness in young
-people.[32] The Karens of Burma have a traditional precept which
-runs, "Be not idle, but labour diligently, that you may not
-become slaves."[33] The Maoris say, "Let industry be rewarded,
-lest idleness gets the advantage."[34] The Malagasy likewise
-inculcate industry in many of their proverbs.[35] The Basutos
-have a saying that "perseverance always triumphs."[36] Among the
-Bachapins, a Bechuana tribe conspicuous for its activity, "a
-man's merit is estimated principally by his industry, and the
-words _mún[)o]n[)a] usináach[)a]_ (an industrious man) are an
-expression of high approbation and praise; while he who is seldom
-seen to hunt, to prepare skins for clothing, or to sew koboes, is
-accounted a worthless and disgraceful member of society."[37]
-Among the Beni M'zab in the Sahara--an industrious people
-inhabiting a sterile country--boys are already at the age of six
-years compelled by law to begin to work, either in driving a
-camel or ass, or in drawing water for the gardens.[38] We may
-expect to find industry especially insisted upon by uncivilised
-peoples who are habitually addicted to it, partly because it is a
-necessity among them, partly owing to the influence of habit.
-
-[Footnote 28: _Supra_, i. 526 _sqq._]
-
-[Footnote 29: _Supra_, i. 634 _sqq._]
-
-[Footnote 30: Cranz, _op. cit._ i. 186.]
-
-[Footnote 31: Yakof, quoted by Petroff, _Report on Alaska_,
-p. 158.]
-
-[Footnote 32: Batchelor, _Ainu of Japan_, p. 111.]
-
-[Footnote 33: Smeaton, _Loyal Karens of Burma_, p. 255.]
-
-[Footnote 34: Taylor, _Te Ika a Maui_, p. 293. See also Johnston,
-_Maoria_, p. 43.]
-
-[Footnote 35: Clemes, 'Malagasy Proverbs,' in _Antananarivo
-Annual_, iv. 29.]
-
-[Footnote 36: Casalis, _Basutos_, p. 310.]
-
-[Footnote 37: Burchell, _Travels in the Interior of Southern
-Africa_, ii. 557.]
-
-[Footnote 38: Tristram, _The Great Sahara_, p. 207 _sq._]
-
-But instead of being regarded as a duty, industrial activity is
-not infrequently looked down upon as disreputable for a free man.
-This is especially the case among warlike nations, nomadic
-tribes, and peoples who have many slaves. In Uganda, for
-instance, the prevalence of slavery "causes all manual labour to
-be looked upon as derogatory to the dignity of a free man."[39]
-The {273} Masai[40] and Matabele[41] consider that the only
-occupation which becomes a man is warfare. The Arabs of the
-desert hold labour humiliating to anybody but a slave.[42]
-Speaking of the Turkomans, Vámbéry observes that "in his domestic
-circle, the nomad presents us a picture of the most absolute
-indolence. In his eyes it is the greatest shame for a man to
-apply his hand to any domestic occupation."[43] The Chippewas
-"have ever looked upon agricultural and mechanical labours as
-degrading," and "have regarded the use of the bow and arrow, the
-war-club and spear, as the noblest employments of man."[44] Among
-the Iroquois "the warrior despised the toil of husbandry, and
-held all labour beneath him."[45] Though an industrious race, the
-Maoris considered it more honourable, as well as more desirable,
-to acquire property by war and plunder than by labour.[46] Among
-the Line Islanders it is undignified for a landholder to do work
-of any kind, except to make weapons, hence he employs persons of
-the lower class to work for him.[47] In Nukahiva the people of
-distinction "suffer the nails on the fingers to grow very long,
-that it may be evident they are not accustomed to hard
-labour."[48] This contempt for industrial activity is easy to
-explain. A man who earns his livelihood by labour is considered
-to be lacking in those qualities which are alone admired--courage
-and strength;--or work is associated with the idea of servile
-subjection. It is also universally held degrading for a man to
-engage in any occupation which belongs to the women.[49] Thus
-among hunting and pastoral peoples it would be quite out of place
-for him to supply the household with vegetable food.[50] On the
-other hand, when agriculture became an {274} indispensable means
-to maintenance of life it at the same time became respectable.
-But trade was scorned, probably, as Mr. Spencer suggests, because
-it was carried on chiefly by unsettled persons, who were
-detached, untrustworthy members of a community in which most men
-had fixed positions.[51] The Kandhs "consider it beneath their
-dignity to barter or traffic, and . . . . regard as base and
-plebeian all who are not either warriors or tillers of the
-soil."[52] The Javans "have a contempt for trade, and those of
-higher rank esteem it disgraceful to be engaged in it; but the
-common people are ever ready to engage in the labours of
-agriculture, and the chiefs to honour and encourage agricultural
-industry."[53]
-
-[Footnote 39: Wilson and Felkin, _op. cit._ i. 186.]
-
-[Footnote 40: Merker, _Die Masai_, p. 117.]
-
-[Footnote 41: Holub, 'Die Ma-Atabele,' in _Zeitschr. f. Ethnol._
-xxv. 198.]
-
-[Footnote 42: Burton, _Pilgrimage to Al-Madinah & Meccah_,
-ii. 10.]
-
-[Footnote 43: Vámbéry, _Travels in Central Asia_, p. 320.]
-
-[Footnote 44: Schoolcraft, _Archives of Aboriginal Knowledge_,
-v. 150.]
-
-[Footnote 45: Morgan, _League of the Iroquois_, p. 329.]
-
-[Footnote 46: Travers, 'Life and Times of Te Rauparaha,' in
-_Trans. New Zealand Inst._ v. 29.]
-
-[Footnote 47: Tutuila, 'Line Islanders,' in _Jour. Polynesian
-Soc._ i. 266.]
-
-[Footnote 48: von Langsdorf, _Voyages and Travels_, i. 174.]
-
-[Footnote 49: _Supra_, i. 636 _sq._]
-
-[Footnote 50: _Supra_, i. 634.]
-
-[Footnote 51: Spencer, _Principles of Ethics_, i. 429.]
-
-[Footnote 52: Campbell, _Wild Tribes of Khondistan_, p. 50.]
-
-[Footnote 53: Raffles, _op. cit._ i. 246 _sq._]
-
-Progress in civilisation implies an increase of industry. Both
-the necessities and the comforts of life grow more numerous;
-hence more labour is required to provide for them, and at the
-same time there is more inducement to accumulate wealth. The
-advantages, both private and public, accruing from diligence are
-more clearly recognised, and the government, in particular, is
-anxious that the people should work so as to be able to pay their
-taxes. All this leads to condemnation of idleness and approbation
-of industry; and the influence of habit must operate in the same
-direction among a nation whose industrial propensities have been
-the cause of its civilisation. But in the archaic State war is
-still regarded as a nobler occupation than labour; and whilst
-agriculture is held in honour, trade and handicraft are
-frequently despised.
-
-In the kingdom of the Peruvian Incas there was a law that no one
-should be idle. "Children of five years old were employed at very
-light work, suitable to their age. Even the blind and lame, if
-they had no other infirmity, were provided with certain kinds of
-work. The rest of the people, while they were healthy, were
-occupied each at his own labour, and it was a most infamous and
-degrading {275} thing among these people to be chastised in
-public for idleness."[54] If any of them was slothful, or slept
-in the day, he was whipped or had to carry the stone.[55] The
-reason for these measures was that the whole duty of defraying
-the expenses of the government belonged to the people, and that,
-without money and with little property, they paid their taxes in
-labour; hence to be idle was, in a manner, to rob the
-exchequer.[56]
-
-[Footnote 54: Blas Valera, quoted by Garcilasso de la Vega,
-_First Part of the Royal Commentaries of the Yncas_, ii. 34. See
-also _ibid._ ii. 14; Acosta, _Natural and Moral History of the
-Indies_, ii. 413.]
-
-[Footnote 55: Herrera, _General History of the West Indies_,
-iv. 339.]
-
-[Footnote 56: Prescott, _History of the Conquest of Peru_, i. 57.]
-
-One of the characteristics of Zoroastrianism is its appreciation
-of labour.[57] The faithful man must be vigilant, alert, and
-active; sleep itself is merely a concession to the demons, and
-should therefore be kept within the limits of necessity.[58] The
-lazy man is the most unworthy of men, because he eats his food
-through impropriety and injustice.[59] And of all kinds of labour
-the most necessary is husbandry.[60] Man has been placed upon
-earth to preserve Ahura Mazda's good creation, and this can only
-be done by careful tilling of the soil, eradication of thorns and
-weeds, and reclamation of the tracks over which Angra Mainyu has
-spread the curse of barrenness. Zoroaster asked, "What is the
-food that fills the Religion of Mazda?" and Ahura Mazda answered,
-"It is sowing corn again and again, O Spitama Zarathustra! He who
-sows corn sows righteousness."[61] According to Xenophon, the
-king of the Persians considered the art of agriculture and that
-of war to be the most honourable and necessary occupations, and
-paid the greatest attention to both.[62] He appointed officers to
-overlook the tillers of the ground, as well as to collect tribute
-from them; for "those who {276} cultivate the ground
-inefficiently will neither maintain the garrisons, nor be able to
-pay their tribute."[63]
-
-[Footnote 57: See Darmesteter, in _Sacred Books of the East_, iv.
-p. lxvii.; Geiger, _Civilization of the Eastern Ir[=a]nians_, i.
-70; Rawlinson, _Religions of the Ancient World_, p. 108; _Dînâ-î
-Maînôg-î Khirad_, ii. 29, xxxvi. 15, xxxvii. 14, &c.]
-
-[Footnote 58: _Vendîdâd_, xviii. 16.]
-
-[Footnote 59: _Dînâ-î Maînôg-î Khirad_, xxi. 27.]
-
-[Footnote 60: See _Vendîdâd_, iii. 23 _sqq._]
-
-[Footnote 61: _Ibid._ iii. 30 _sq._]
-
-[Footnote 62: Xenophon, _[OE]conomicus_, iv. 4, 8 _sqq._]
-
-[Footnote 63: Xenophon, _[OE]conomicus_, iv. 9, 11.]
-
-In his description of ancient Egypt Herodotus tells us that one
-of its kings made a law to the effect that every Egyptian should
-annually declare to the governor of his district by what means he
-maintained himself, and that, if he failed to do this, or did not
-show that he lived by honest means, he should be punished with
-death.[64] Whether this statement be correct or not,[65] it seems
-certain that the Egyptians were anxious to encourage
-industry.[66] An ostracon which has often been quoted contains
-the maxim, "Do not spare thy body whilst thou art young, for food
-cometh by the arms and provisions by the legs."[67]
-
-[Footnote 64:  Herodotus, ii. 177. _Cf._ Diodorus Siculus,
-_Bibliotheca historica_, i. 77. 5.]
-
-[Footnote 65: _Cf._ Wiedemann, _Herodots zweites Buch_, p. 605.]
-
-[Footnote 66: See Amélineau, _Essai sur l'évolution des idées
-morales dans l'Égypte Ancienne_, p. 329.]
-
-[Footnote 67: Gardiner, 'Egyptian Ethics,' in Hastings'
-_Encyclopædia of Religion and Ethics_, v. 484.]
-
-A law against idleness resembling that which is reported to have
-existed in Egypt was established at Athens, according to some
-writers by Draco or Pisistratus,[68] according to others by
-Solon, who is said to have borrowed it from the Egyptians.[69]
-Plutarch states that, as the city was filled with persons who
-assembled from all parts on account of the great security which
-prevailed in Attica and the country withal was poor and barren,
-Solon turned the attention of the citizens to manufactures. For
-this purpose he ordered that trades should be accounted
-honourable, that the council of the Areopagus should examine into
-every man's means of subsisting and chastise the idle, and that
-no son should be obliged to maintain his father if the father had
-not taught him a trade.[70] Thucydides puts the following words
-in the mouth of Pericles:--"To avow poverty with us is no
-disgrace; the true disgrace is in doing nothing to avoid it. An
-Athenian citizen does not neglect the State because he takes care
-of his own household;{277} and even those of us who are engaged
-in business have a very fair idea of politics."[71] In Xenophon's
-'Memorabilia' Socrates recommends industry as a means of
-supporting life, of maintaining the health and strength of the
-body, of promoting temperance and honesty.[72] According to Plato
-idleness is the mother of wantonness, whereas by labour the
-aliment of passion is diverted into other parts of the body.[73]
-Agriculture was highly praised. It is the best of all the
-occupations and arts by which men procure the means of
-living.[74] Where it flourishes all other pursuits are in full
-vigour, but when the ground is allowed to lie barren other
-occupations are almost stopped.[75] It is an exercise for the
-body, and strengthens it for discharging the duties that become a
-man of honourable birth.[76] It requires people to accustom
-themselves to endure the colds of winter and the heats of
-summer.[77] It renders them fit for running, throwing,
-leaping.[78] It gives them the greatest gratification for their
-labour, it is the most attractive of all employments.[79] It
-receives strangers with the richest hospitality.[80] It offers
-the most pleasing first-fruits to the gods, and the richest
-banquets on festival days.[81] It teaches men justice, for it is
-those who treat the earth best that she recompenses with the most
-numerous benefits.[82] It instructs people to assist one another,
-for it cannot be conducted without the aid of other men.[83] It
-does not give such constant occupation to a person's mind as to
-prevent him from attending to the interests of his friends or his
-native land.[84] The possession of an estate stimulates men to
-defend their country in arms.[85] In short, agriculture renders
-citizens most useful, most virtuous, and best affected towards
-the commonwealth.[86]
-
-[Footnote 68: Pollux, _Onomasticum_, viii. 42. Diogenes Laertius,
-_Vitæ philosophorum_, i. 55. Plutarch, _Solon_, xxxi. 6.]
-
-[Footnote 69: Herodotus, ii. 177. Diodorus Siculus, i. 77. 5.]
-
-[Footnote 70: Plutarch, _Solon_, xxii. 1, 3 _sq._]
-
-[Footnote 71: Thucydides, _Historia belli Peloponnesiaci_,
-ii. 40. 1 _sq._]
-
-[Footnote 72: Xenophon, _Memorabilia_, ii. 7. 7 _sq._]
-
-[Footnote 73: Plato, _Leges_, viii. 835, 841.]
-
-[Footnote 74: Xenophon, _[OE]conomicus_, vi. 8.]
-
-[Footnote 75: _Ibid._ v. 17.]
-
-[Footnote 76: _Ibid._ v. 1; vi. 9.]
-
-[Footnote 77: _Ibid._ v. 4.]
-
-[Footnote 78: _Ibid._ v. 8.]
-
-[Footnote 79: _Ibid._ v. 8, 11.]
-
-[Footnote 80: _Ibid._ v. 8.]
-
-[Footnote 81: _Ibid._ v. 10.]
-
-[Footnote 82: _Ibid._ v. 12.]
-
-[Footnote 83: _Ibid._ v. 14.]
-
-[Footnote 84: _Ibid._ vi. 9.]
-
-[Footnote 85: _Ibid._ v. 7.]
-
-[Footnote 86: _Ibid._ vi. 10.]
-
-{278} The argumentative manner in which these views were
-expressed by the philosophers indicates, however, that industrial
-occupations were deficient in public appreciation.[87] Herodotus
-says that not only among most barbarians but also throughout
-Greece those who are given wholly to war are honoured above
-others.[88] This was especially the case at Sparta, where a
-freeman was forbidden to engage in any industrial occupation.[89]
-Contrasting Lycurgus' legislation with that of Solon, Plutarch
-observes that in a state where the earth was sufficient to
-support twice the number of inhabitants and where there were a
-multitude of Helots to be worn out by servitude, it was right to
-set the citizens free from laborious and mechanic arts and to
-employ them in arms as the only art fit for them to learn and
-exercise.[90] At Thebes there was a law that no man could hold
-office who had not retired from business for ten years, because
-it was looked upon as a mean employment.[91] Even at Athens, in
-spite of its democratic institutions and its laws against
-idleness, trade and handicrafts were despised, both by the
-general public and by the philosophers. Xenophon's Socrates said
-that the industrial arts are objectionable and justly held in
-little repute in communities, because they weaken the bodies of
-those who work at them by compelling them to sit and to live
-indoors and in some cases to pass whole days by the fire; for
-when the body becomes effeminate the mind loses its strength.[92]
-Moreover, mechanical occupations leave those who practise them no
-leisure to attend to the interests of their friends or the
-commonwealth, hence men of that class seem unsuited alike to be
-of advantage to their connections and to be defenders of their
-country.[93] Plato maintains that manual arts are a reproach
-because they "imply a natural weakness of the higher
-principle";[94] by {279} their meanness they maim and disfigure
-the souls as well as the bodies of those who are employed in
-them.[95] When Hesiod said that "work is no disgrace,"[96] he
-could certainly not have meant that there was no disgrace for
-example in the manufacture of shoes or in selling pickles.[97]
-And in his 'Laws' Plato lays down the regulation that no citizen
-or servant of a citizen should be occupied in handicraft arts;
-"for he who is to secure and preserve the public order of the
-State has an art which requires much study and many kinds of
-knowledge, and does not admit of being made a secondary
-occupation."[98] Aristotle, again, observes that in a community
-which has an aristocratic form of government the mechanic and the
-labourer will not be citizens, because honours are there given
-according to virtue and merit, and "no man can practise virtue
-who is living the life of a mechanic or labourer."[99] Corinth
-was the place in Greece where the mechanic's occupation was least
-despised[100]--no doubt because its situation naturally led to
-extensive trade and thence to that splendour of living by which
-the useful and ornamental arts are most encouraged.[101]
-
-[Footnote 87: _Cf._ Schmidt, _Die Ethik der alten Griechen_,
-ii. 435 _sqq._]
-
-[Footnote 88: Herodotus, ii. 167.]
-
-[Footnote 89: _Ibid._ ii. 167. Xenophon, _Lacedæmoniorum
-respublica_, vii. 2. Plutarch, _Lycurgus_, xxiv. 2. _Idem_,
-_Agesilaus_, xxvi. 6. Aelian, _Varia historia_, vi. 6.]
-
-[Footnote 90: Plutarch, _Solon_, xxii. 2.]
-
-[Footnote 91: Aristotle, _Politica_, iii. 5. 7, p. 1278 a; vi. 7.
-4, p. 1321 a.]
-
-[Footnote 92: Xenophon, _[OE]conomicus_, iv. 2.]
-
-[Footnote 93: _Ibid._ iv. 3.]
-
-[Footnote 94: Plato, _Respublica_, ix. 590.]
-
-[Footnote 95: _Ibid._ vi. 495.]
-
-[Footnote 96: Hesiod, _Opera et dies_, 311.]
-
-[Footnote 97: Plato, _Charmides_, p. 163.]
-
-[Footnote 98: _Idem_, _Leges_, viii. 846.]
-
-[Footnote 99: Aristotle, _Politica_, iii. 5. 5, p. 1278 a. See
-also _ibid._ vi. 4. 12, p. 1319 a; vii. 8. 3, p. 1328 b; viii. 2.
-4 _sq._ p. 1337 b.]
-
-[Footnote 100: Herodotus, ii. 167.]
-
-[Footnote 101: See Rawlinson's note in his translation of
-Herodotus, ii. 252, n. 7.]
-
-The Roman views on the subject were very similar to those of the
-Greeks. With regard to what arts and means of acquiring wealth
-are to be regarded as worthy and what disreputable, says Cicero,
-we have been taught as follows. In the first place, those sources
-of emolument which incur public hatred, such as those of
-tax-gatherers and usurers, are condemned. We are likewise to
-account as mean the gains of hired workmen, whose source of
-profit is not their art but their labour; for their very wages
-are the consideration of their servitude. We are further to
-despise all who retail from merchants goods for prompt sale; for
-they never can succeed unless they lie most abominably, {280} and
-nothing is more disgraceful than insincerity. All mechanical
-labourers are by their profession mean; for a workshop can
-contain nothing befitting a gentleman. Least of all are those
-trades to be approved that serve the purposes of sensuality, such
-as the occupations of butchers, cooks, and fishermen. But those
-professions that involve a higher degree of intelligence or a
-greater amount of utility, such as medicine, architecture, and
-the teaching of the liberal arts, are honourable in those to
-whose rank in life they are suited. As to merchandising, if on a
-small scale it is mean, but if it is extensive and rich, if it
-brings numerous commodities from all parts of the world, and
-gives bread to a multitude of people without fraud, it is not so
-despicable. However, if a merchant, satisfied with his profits,
-steps from the harbour into an estate, such a man seems most
-justly deserving of praise. For of all gainful professions
-nothing is better, nothing is more pleasing and more delightful,
-nothing is more befitting a well-bred man than agriculture.[102]
-
-[Footnote 102: Cicero, _De officiis_, i. 42. See also _Idem_,
-_Cato Major_, ch. 15 _sqq._]
-
-The contempt in which manual labour was held by the ancient
-pagans could hardly be shared by early Christianity. Christ had
-been born in a carpenter's family, his apostles belonged to the
-working class, and so did originally most of his followers.
-Origen accepts with pride the reproach of Celsus, when he accuses
-Christians of worshipping the son of a poor workwoman, who had
-earned her bread by spinning,[103] and contrasts with the wisdom
-of Plato that of Paul, the tent-maker, of Peter, the fisherman,
-of John, who had abandoned his father's nets.[104] St. Paul
-presses on the Thessalonians the duty of personal industry; "if
-any one would not work, neither should he eat."[105] But at the
-same time the spirit of Christianity was not consistent with much
-anxiety about earthly matters. The aim of a true disciple of
-Christ was not to prosper in the world but {281} to seek the
-kingdom of God, not to lay up for himself treasures upon earth
-but to lay up for himself treasures in heaven.[106] Poverty
-became an ideal, in conformity with both the example and
-teachings of Christ. It was associated with godliness, whilst
-wealth was associated with godlessness.[107] "The love of money,"
-says St. Paul, "is the root of all evil";[108] and the same idea
-was over and again expressed by Christian moralists.[109] In the
-original sinless state of mankind property was unknown, and so
-was labour. It was to punish man for his disobedience that God
-caused him to eat daily bread in the sweat of his face.[110]
-Since then work is a necessity; but the contemplative life is
-better than the active life.[111] Bonaventura points out that
-Jesus preferred the meditating Mary to the busy Martha,[112] and
-that he himself seems to have done no work till his thirtieth
-year.[113] Work is of no value by itself; its highest object is
-to further contemplation, to macerate the body, to curb
-concupiscence.[114] For this purpose, indeed, it was strongly
-insisted upon by several founders of religious orders. According
-to St. Benedict, "idleness is an enemy to the soul; and hence at
-certain seasons the brethren ought to occupy themselves in the
-labour of their hands, and at others in holy reading."[115] St.
-Bernard writes:--"The handmaid of Christ ought always to pray, to
-read, to work, lest haply the spirit of uncleanness should lead
-astray the slothful mind. The delight of the flesh is overcome by
-labour. . . . The body tired by work is less delighted with
-vice."[116] But the active life must not be pursued to such an
-extent as to hinder what it is intended to promote; {282} for it
-is impossible for any man to be at once occupied with exterior
-actions and at the same time apply himself to divine
-contemplation.[117] And whilst he who has nothing else to live
-upon is bound to work, it is a sin to try to acquire riches
-beyond the limit which necessity has fixed.[118]
-
-[Footnote 103: Origen, _Contra Celsum_, i. 28 _sq._ (Migne,
-_Patrologiæ cursus_, Ser. Graeca, xi. 714 _sq._).]
-
-[Footnote 104: _Ibid._ vi. 7 (Migne, Ser. Gr. xi. 1298 _sq_.).]
-
-[Footnote 105: _1 Thessalonians_, iv. 11; _2 <Thessalonians_,
-iii. 10.]
-
-[Footnote 106: _St. Luke_, xii. 22 _sqq._ _St. Matthew_,
-vi. 19 _sq._]
-
-[Footnote 107: _St. Luke_, xvi. 19 _sqq._ _St. Matthew_, xix. 24.]
-
-[Footnote 108: _1 Timothy_, vi. 10.]
-
-[Footnote 109: von Eicken, _Geschichte der mittelalterlichen
-Weltanschauung_, p. 498 _sqq._ Thomas Aquinas, _Summa
-theologica_, ii.-ii. 186. 3.]
-
-[Footnote 110: _Genesis_, iii. 19.]
-
-[Footnote 111: Thomas Aquinas, _op. cit._ ii.-ii. 182. 1 _sq._
-von Eicken, _op. cit._ p. 488 _sqq._]
-
-[Footnote 112: Bonaventura, _Meditationes vitæ Christi_, ch. 45
-(_Opera_, xii. 452).]
-
-[Footnote 113: _Ibid._ ch. 15 (_Opera_, xii. 405).]
-
-[Footnote 114: Guigo, _Epistola ad Fratres de Monte-Dei_, i. 8
-(in St. Bernard, _Opera omnia_, ii. 214):--"Non spiritualia
-exercitia sunt propter corporalia, sed corporalia propter
-spiritualia." von Eicken, _op. cit._ p. 491 _sqq._]
-
-[Footnote 115: St. Benedict, _Regula Monachorum_, 48.]
-
-[Footnote 116: St. Bernard, _De modo bene vivendi_, ch. 51
-(_Opera omnia_, ii. 883 _sq._).]
-
-[Footnote 117: _Speculum Monachorum_, in St. Bernard, _Opera
-omnia_, ii. 818. von Eicken, _op. cit._ p. 494 _sq._ _Cf._ Thomas
-Aquinas, _op. cit._ ii.-ii. 182. 3.]
-
-[Footnote 118: Thomas Aquinas, _op. cit._ ii.-ii. 187. 3; 118. 1.]
-
-This doctrine was more or less realised in the monastic life, but
-was hardly held applicable to laymen. The mediæval baron and
-knight resembled the Teutonic warrior described by Tacitus, who
-regarded it as "a dull and stupid thing to accumulate painfully
-by the sweat of the brow what might be won by a little
-blood."[119] In England, after the Conquest, the aristocracy in
-general lived a life of idleness but indulged eagerly in hunting,
-and its members continually sallied forth in parties to
-plunder.[120] For a long time the lower classes, constituting the
-mass of society, existed only for the benefit of the upper class.
-It was considered honourable to live in sloth supported by the
-exertions of others, it was held degrading to depend on the gains
-of industry. The degradation really attached to the gains of
-labour rather than labour itself; for labour ceased to be
-degrading if not prosecuted for gain. "Louis XVI. may make locks,
-the ladies of his court may make butter and cheese, provided it
-is only for amusement. Lord Rosse may build a telescope as an
-amateur in the interest of science, and still be noble. But if
-the locks, the butter, or the telescope are sold, the makers are
-degraded to the level of the tradesman."[121] However, as Mr.
-Spencer observes, trade, while at first relatively unessential
-(since essential things were mostly made at home) and
-consequently lacking the sanction of necessity and of ancestral
-custom, ceased to be despised when it grew in importance.[122]
-Among ourselves the respect in which a certain occupation is held
-is {283} largely determined by the degree of mental power implied
-in it; hence manual labour, and especially unskilled labour, is
-still in some degree looked down upon. But we do not regard as
-dishonourable any kind of work which is not opposed to the
-ordinary rules of morality. We distinguish more clearly than the
-ancients did between social and moral inferiority. Our moral
-judgments are less influenced by class antipathies. We recognise
-that a high standard of duty is compatible even with the humblest
-station in life. And when we duly reflect upon the matter, we
-admit that the moral value of industry depends, not on the
-occupation in which it is displayed, but on the purpose of the
-labourer.
-
-[Footnote 119: Tacitus, _Germania_, 14.]
-
-[Footnote 120: Wright, _Domestic Manners and Sentiments in
-England during the Middle Ages_, p. 102.]
-
-[Footnote 121: Harris, 'The Christian Doctrine of Labor,' in _New
-Englander_, xxiv. 245.]
-
-[Footnote 122: Spencer, _Principles of Ethics_, i. 429.]
-
-       *       *       *       *       *
-
-But though industry is applauded or insisted on, rest is also in
-certain circumstances regarded as a duty. By doing too much work
-a person may injure himself and indirectly other persons as well.
-In early society there is little inducement to overwork, but the
-case is very different in modern civilisation. This accounts for
-the persistence and general popularity of an institution which
-originally sprang from quite different sources, namely, the
-Sunday rest.
-
-Among various peoples it is the custom to abstain from work, or
-from some special kind of work, on certain occasions or days
-which are regarded as defiling or inauspicious. Work is often
-suspended after a death, partly perhaps because inactivity is a
-natural accompaniment of sorrow,[123] or because a mourner is
-supposed to be in a delicate state requiring rest,[124] but
-chiefly, I presume, from fear lest the work done should be
-contaminated by the pollution of death. Among the Arabs of
-Morocco no work must be performed in the village till the dead is
-buried. In Greenland everyone who had lived in the same house
-with the deceased was obliged to be idle for a certain period,
-according to the directions of the priests or wizards.[125] Among
-the Eskimo of Behring Strait none of the relatives of the dead
-must do any work during the time in which the shade is {284}
-believed to remain with the body, that is, for four or five
-days.[126] Among the Seminole Indians of Florida the relatives
-remained at home and refrained from work during the day of the
-burial and for three days thereafter, when the dead was supposed
-to stay in his grave.[127] The Kar Nicobarese abstain from work
-as a sign of mourning.[128] In Samoa all labour was suspended in
-the settlement on the death of a chief.[129] So also the Basutos
-do no work on the day when an influential person dies. They,
-moreover, refrain from going to their fields, or hasten to leave
-them, at the approach of clouds which give promise of rain, "in
-order quietly to await the desired benediction, fearing to
-disturb Nature in her operations. This idea is carried to such an
-extent, that most of the natives believe that, if they
-obstinately persist in their labour at such a moment, the clouds
-are irritated and retire, or send hail instead of rain. Days of
-sacrifice, or great purification, are also holidays. Hence it is
-that the law relative to the repose of the seventh day, so far
-from finding any objection in the minds of the natives, appears
-to them very natural, and perhaps even more fundamental, than it
-seems to certain Christians."[130]
-
-[Footnote 123: _Cf._ _infra_, p. 308.]
-
-[Footnote 124: _Cf._ _infra_, p. 307.]
-
-[Footnote 125: Egede, _Description of Greenland_, p. 149 _sq._]
-
-[Footnote 126: Nelson, 'Eskimo about Bering Strait,' in _Ann.
-Rep. Bur. Ethn._ xviii. 319.]
-
-[Footnote 127: Maccauley, 'Seminole Indians of Florida,' in _Ann.
-Rep. Bur. Ethn._ v. 52.]
-
-[Footnote 128: Kloss, _In the Andamans and Nicobars_, p. 305.]
-
-[Footnote 129: Turner, _Nineteen Years in Polynesia_, p. 229.
-_Idem_, _Samoa_, p. 146.]
-
-[Footnote 130: Casalis, _Basutos_, p. 260 _sq._]
-
-Changes in the moon are frequently considered unfavourable for
-work. Among the Bechuanas, "when the new moon appears, all must
-cease from work, and keep what is called in England a
-holiday."[131] The people of Thermia, in the Cyclades, maintain
-that all work, so far as possible, should be suspended on the
-days immediately preceding the full moon.[132] In the Vishnu
-Purana it is said that one who attends to secular affairs on the
-days of the full or new moon goes to the Rudhirándha hell, whose
-wells are blood.[133] In Northern India it is considered bad to
-undertake any business of importance at the new moon {285} or at
-an eclipse.[134] According to the 'Laws of Manu,' a Brâhmana is
-not allowed to study "on the new-moon day, nor on the fourteenth
-and the eighth days of each half-month, nor on the full-moon
-day." It is said that "the new-moon day destroys the teacher, the
-fourteenth day the pupil, the eighth and the full-moon days
-destroy all remembrance of the Veda; let him therefore avoid
-reading on those days."[135] The Buddhists have their Sabbath, or
-_Uposatha_, which occurs four times in the month, namely, on the
-day of full moon, on the day when there is no moon, and on the
-two days which are eighth from the full and new moon. On these
-days selling and buying, work and business, hunting and fishing,
-are forbidden, and all schools and law-courts are closed.[136] In
-Ashantee and neighbouring districts, where the people reckon time
-by moons, there is a weekly "fetish-day" or sabbath, which seems
-to be of native origin. "In all the countries along the coast,
-the regular fetish-day is Tuesday, the day which is observed by
-the king of Ashantee. Other days in the week are held sacred in
-the bush. On this weekly sabbath, or fetish-day, the people
-generally dress themselves in white garments, and mark their
-faces, and sometimes their arms, with white clay. They also rest
-from labour. The fishermen would expect, that were they to go out
-on that day, the fetish would be angry, and spoil their
-fishing."[137] The natives of Coomassie, on the Gold Coast, have
-a law according to which no agricultural work may be done on a
-Thursday.[138] In Hawaii, where each month contained thirty
-nights and the different days and nights derived their names from
-the varying aspects of the moon according to her age, there were
-during every month four periods lasting from two to four nights
-in which the nights were consecrated or made taboo. So also there
-were tabooed seasons on certain other {286} occasions, as when a
-high chief was ill, or preparations were made for war, or on the
-approach of important religious ceremonies. These taboos were
-either "common" or "strict." In the case of the former men were
-only required to abstain from their common pursuits and to attend
-prayers morning and evening, whereas when the season of strict
-taboo was in force a general gloom and silence pervaded the whole
-district or island. "Not a fire or light was to be seen, or canoe
-launched; none bathed; the mouths of dogs were tied up, and fowls
-put under calabashes, or their heads enveloped in cloth; for no
-noise of man or animal must be heard. No persons, excepting those
-who officiated at the temple, were allowed to leave the shelter
-of their roofs. Were but one of these rules broken, the taboo
-would fail and the gods be displeased."[139]
-
-[Footnote 131: Campbell, _Second Journey in the Interior of South
-Africa_, ii. 205.]
-
-[Footnote 132: Bent, _Cyclades_, p. 438.]
-
-[Footnote 133: _Vish['n]u Purá['n]a_, p. 209.]
-
-[Footnote 134: Crooke, _Popular Religion of Northern India_, i. 23.]
-
-[Footnote 135: _Laws of Manu_, iv. 113 _sq._]
-
-[Footnote 136: Childers, _Dictionary of the Pali Language_, p.
-535. Kern, _Der Buddhismus_, ii. 258.]
-
-[Footnote 137: Beecham, _Ashantee_, p. 185 _sq._ _Cf._ Bosman,
-_op. cit._ p. 131 (Gold Coast natives).]
-
-[Footnote 138: Ellis, _Tshi-speaking Peoples of the Gold Coast_,
-p. 304.]
-
-[Footnote 139: Jarves, _History of the Hawaiian Islands_, pp. 40,
-28. The word _tapua'i_ means "to abstain from all work, games,
-&c." (Tregear, _Maori-Polynesian Dictionary_, p. 472).]
-
-The peoples of Semitic stock or with Semitic culture also have
-their tabooed days. In Morocco work, or certain kinds of work,
-are avoided on holy days or in holy periods, as being
-unsuccessful or, in some cases, even dangerous to him who
-performs it; there is a saying that "work at a feast are like the
-stab of a dagger." Nobody likes to start on a journey on a Friday
-before the midday prayer has been said, and it is considered bad
-to commence any work on that day.[140] I was also told that
-clothes will not remain clean if they are washed on a Saturday.
-Among the modern Egyptians Saturday is held to be the most
-unfortunate of days, and particularly unfavourable for shaving,
-cutting the nails, and starting on a journey.[141] At Kheybar, in
-Arabia, again, Sunday is considered an unlucky day for beginning
-any kind of work.[142] There can be little doubt that the Jewish
-Sabbath originated in the belief that it was inauspicious or
-dangerous to work on the seventh day, and that the reason for
-this belief was the mystic connection which in {287} the opinion
-of the ancient Hebrews, as of so many other peoples, existed
-between human activity and the changes in the moon.[143] It has
-been sufficiently demonstrated that the Sabbath originally
-depended upon the new moon, and this carries with it the
-assumption that the Hebrews must at one time have observed a
-Sabbath at intervals of seven days corresponding with the moon's
-phases.[144] In the Old Testament the new moon and Sabbath are
-repeatedly mentioned side by side;[145] thus the oppressors of
-the poor are represented as saying, "When will the new moon be
-gone, that we may sell corn? and the Sabbath, that we may set
-forth wheat?"[146] Among modern Jews, at the feast of the New
-Moon, which is held every month on the first or on the first and
-second days of the month, the women are obliged to suspend all
-servile work, though the men are not required to interrupt their
-secular employments.[147] That the superstitious fear of doing
-work on the seventh day developed into a religious prohibition,
-is only another instance of a tendency which we have noticed
-often before--the tendency of magic forces to be transformed into
-divine volitions.[148] Like the ancient Hebrews, the Assyrians
-and Babylonians looked upon the seventh day as an "evil day"; and
-though they do not seem generally to have abstained from work on
-that day, there were various royal taboos connected with it. The
-{288} King was not to show himself in his chariot, not to hold
-court, not to bring sacrifices, not to change his clothes, not to
-eat a good dinner, and not even to curse his enemies.[149]
-
-[Footnote 140: See Westermarck, _The Moorish Conception of
-Holiness (Baraka)_, p. 140 _sqq._]
-
-[Footnote 141: Lane, _Modern Egyptians_, p. 272.]
-
-[Footnote 142: Doughty, _Arabia Deserta_, ii. 197 _sq._]
-
-[Footnote 143: See Jastrow, 'Original Character of the Hebrew
-Sabbath,' in _American Journal of Theology_, ii. 321 _sqq._]
-
-[Footnote 144: Wellhausen, _Prolegomena to the History of
-Israel_, p. 112 _sqq._ Jastrow, _loc. cit._ pp. 314, 327.]
-
-[Footnote 145: _2 Kings_, iv. 23. _Isaiah_, i. 13. _Hosea_,
-ii. 11.]
-
-[Footnote 146: _Amos_, viii. 5.]
-
-[Footnote 147: Allen, _Modern Judaism_, p. 390 _sq._]
-
-[Footnote 148: Prof. Jastrow seems to have failed to see this
-when he says (_loc. cit._ p. 323) that "if the Sabbath was
-originally an 'unfavourable' day on which one must avoid showing
-one's self before Yahwe, it would naturally be regarded as
-dangerous to provoke his anger by endeavouring to secure on that
-day personal benefits through the usual forms of activity."
-Wellhausen, again, suggests (_op. cit._ p. 114) that the rest on
-the Sabbath was originally the consequence of that day being the
-festal and sacrificial day of the week, and only gradually became
-its essential attribute on account of the regularity with which
-it every eighth day interrupted the round of everyday work. He
-argues that the Sabbath as a day of rest cannot be very
-primitive, because such a day "presupposes agriculture and a
-tolerably hard-pressed working-day life." But this argument
-appears very futile when we consider how commonly changes in the
-moon are believed to exercise an unfavourable influence upon work
-of any kind. See _infra_, Additional Notes.]
-
-[Footnote 149: Schrader, _Die Keilinschriften und das Alte
-Testament_, p. 592 _sq._ Hirschfeld, 'Remarks on the Etymology of
-[vS]abb[)a]th,' in _Jour. Roy. Asiatic Soc._ 1896, p. 358. Jastrow,
-_loc. cit._ pp. 320, 328.]
-
-The Jewish Sabbath was abolished by Christ. "The Sabbath was made
-for man, and not man for the Sabbath";[150] "My father worketh
-[on it] hitherto, and I work."[151] Jewish converts no doubt
-continued to observe the Sabbath, but this met with disapproval.
-In one of the Epistles of Ignatius we find the exhortation not to
-"sabbatise," which was expanded by the subsequent paraphraser of
-these compositions into a warning against keeping the Sabbath,
-after the manner of the Jews, "as if delighting in
-idleness."[152] And in the fourth century a Council of the Church
-enacted "that the Christians ought not to judaise, and rest on
-the Sabbath, but ought to work on that day."[153] On the other
-hand, it was from early times a recognised custom among the
-Christians to celebrate the first day of the week in memory of
-Christ's resurrection, by holding a form of religious service;
-but there was no sabbatic regard for it, and it was chiefly
-looked upon as a day of rejoicing.[154] Tertullian is the first
-writer who speaks of abstinence from secular care and labour on
-Sunday as a duty incumbent upon Christians, lest they should
-"give place to the devil."[155] But it is extremely doubtful
-whether the earliest Sunday law really had a Christian origin. In
-321 the Emperor Constantine issued an edict to the effect that
-all judges and all city people and tradesmen should rest on "the
-venerable Day of the Sun," whereas those living in the country
-should have full liberty to attend to the culture of their
-fields, "since it frequently happens {289} that no other day is
-so fit for the sowing of grain or the planting of vines."[156] In
-this rescript nothing is said of any relation to Christianity,
-nor do we know that it in any way was due to Christian
-influence.[157] It seems that Constantine, in his capacity of
-Pontifex Maximus, only added the day of the sun--whose worship
-was the characteristic of the new paganism--to those inauspicious
-days, _religiosi dies_, which the Romans of old regarded as
-unsuitable for worldly business and especially for judicial
-proceedings.[158] But though the obligatory Sunday rest in no
-case was a continuance of the Jewish Sabbath, it gradually was
-confounded with it, owing to the recognition of the decalogue,
-with its injunction of a weekly day of rest, as the code of
-divine morality. From the sixth century upwards vexatious
-restrictions were made by civil rulers, councils, and
-ecclesiastical writers;[159] until in Puritanism the Christian
-Sunday became a perfect image of the pharisaic Sabbath, or even
-excelled it in the rigour with which abstinence from every kind
-of worldly activity was insisted upon. The theory that the
-keeping holy of one day out of seven is the essence of the Fourth
-Commandment reconciled people to the fact that the Jewish Sabbath
-was the seventh day and Sunday the first. In England, in the
-seventeenth century, persons were punished for carrying coal on
-Sunday, for hanging out clothes to dry, for travelling on
-horseback, for rural strolls and walking about.[160] And Scotch
-clergymen taught their congregations that on that day it was
-sinful to save a vessel in distress, and that it was proof of
-religion to leave ship and crew to perish.[161]
-
-[Footnote 150: _St. Mark_, ii. 27.]
-
-[Footnote 151: _St. John_, v. 17.]
-
-[Footnote 152: Ignatius, _Epistola ad Magnesios_, 9 (Migne, _op.
-cit._ Ser. Graeca, v. 768). Neale, _Feasts and Fasts_, p. 89.]
-
-[Footnote 153: _Concilium Laodicenum_, can. 29 (Labbe-Mansi,
-_Sacrorum Conciliorum collectio_, ii. 580).]
-
-[Footnote 154: Justin Martyr, _Apologia I. pro Christianis_, 67
-(Migne, _op. cit._ Ser. Graeca, vi. 429). Schaff, _History of the
-Christian Church_, 'Ante-Nicene Christianity,' p. 202 _sqq._
-Hessey, _Sunday_, p. 29 _sqq._]
-
-[Footnote 155: Tertullian, _De oratione_, 23 (Migne, _op. cit._
-i. 1191).]
-
-[Footnote 156: _Codex Justinianus_, iii. 12. 2 (3).]
-
-[Footnote 157: _Cf._ Lewis, _Critical History of Sunday
-Legislation_, p. 18 _sqq._; Milman, _History of Christianity_,
-ii. 291 _sq._]
-
-[Footnote 158: Gellius, _Noctes Atticæ_, iv. 9. 5; vi. 9. 10.
-Varro, _De lingua Latina_, vi. 30. Neale, _op. cit._ pp. 5, 6,
-86, 87, 206. Fowler, _Roman Festivals of the Period of the
-Republic_, p. 8 _sq._ The Greeks, also, had "unblest and
-inauspicious" days, when no court or assembly was to be held, and
-work was to be abstained from (Plato, _Leges_, vii. 800; Karsten,
-_Studies in Primitive Greek Religion_, p. 90).]
-
-[Footnote 159: Hessey, _op. cit._ p. 87 _sqq._]
-
-[Footnote 160: Roberts, _Social History of the People of the
-Southern Counties of England_, p. 244 _sqq._]
-
-[Footnote 161: Buckle, _History of Civilization in England_,
-iii. 76.]
-
-
-
-
-CHAPTER XXXVII
-
-RESTRICTIONS IN DIET
-
-
-TRAVELLERS have often noticed with astonishment the immense
-quantities of food which uncivilised people are able to consume.
-Sir George Grey has described the orgies which follow the
-stranding of a whale in Australia, when the natives remain by the
-carcase for many days, fairly eating their way into it.[1] The
-Rocky Mountain Indians, though they often subsist for a great
-length of time on a very little food, will at their feasts "gorge
-down an incredible quantity."[2] A Mongol "will eat more than ten
-pounds of meat at one sitting, but some have been known to devour
-an average-sized sheep in the course of twenty-four hours."[3]
-The Waganda in Central Africa "sometimes gorge themselves to such
-an extent that they are unable to move, and appear just as if
-intoxicated."[4] It has been justly observed that what would
-among ourselves be condemned as disgusting gluttony is, under the
-conditions to which certain races of men are exposed, quite
-normal and in fact necessary. As Mr. Spencer observes, "where the
-habitat is such as at one time to supply very little food and at
-another time food in great abundance, survival depends on the
-ability to consume immense quantities when the opportunities
-occur."[5] When this is the case gluttony can hardly be {291}
-stigmatised as a vice; and I find no direct evidence that it is
-so even among savages who are described as generally moderate in
-their diet. The lack of foresight, which is a characteristic of
-uncivilised peoples, must prevent them from attaching much moral
-value to temperance. On the other hand, gluttony is sometimes
-said to be regarded with admiration. Mr. Torday informs me that
-the Bambala in South-Western Congo, when praising a man for his
-strength, are in the habit of saying, "He eats a whole goat with
-its skin."
-
-[Footnote 1: Grey, _Journals of Expeditions in North-West and
-Western Australia_, ii. 277 _sqq._]
-
-[Footnote 2: Harmon, _Journal of Voyages in the Interior of North
-America_, p. 329.]
-
-[Footnote 3: Prejevalsky, _Mongolia_, i. 55.]
-
-[Footnote 4: Wilson and Felkin, _Uganda_, i. 185.]
-
-[Footnote 5: Spencer, _Principles of Ethics_, i. 436.]
-
-At higher stages of culture intemperance is often subject to
-censure--because it is detrimental to health or prosperity, or
-because it calls forth an instinctive feeling of disgust, or
-because indulgence in sensual pleasures is considered degrading,
-or, generally, because it is inconsistent with an ascetic ideal
-of life. It is said in the Proverbs that "the glutton shall come
-to poverty."[6] According to the Laws of Manu, "excessive eating
-is prejudicial to health, to fame, and to bliss in heaven; it
-prevents the acquisition of spiritual merit, and is odious among
-men; one ought, for these reasons, to avoid it carefully."[7]
-Aristotle maintains that the pleasure with which intemperance is
-concerned is justly held in disgrace, "since it belongs to us in
-that we are animals, not in that we are men."[8] Cicero observes
-that, as mere corporeal pleasure is unworthy the excellency of
-man's nature, the nourishment of our bodies "should be with a
-view not to our pleasure, but to our health and our strength."[9]
-The same opinion is at least nominally shared by many among
-ourselves; whereas others, though denying that the gratification
-of appetite is to be sought for its own sake, admit as legitimate
-ends for it not only the maintenance of health and strength but
-also "cheerfulness and the cultivation of the social
-affections."[10] But most of us are undoubtedly less exacting, if
-not in theory at least in practice, and really find nothing
-blamable in pleasures of the {292} table which neither impair
-health, nor involve a perceptible loss of some greater
-gratification, nor interfere with duties towards neighbours.[11]
-
-[Footnote 6: _Proverbs_, xxiii. 21.]
-
-[Footnote 7: _Laws of Manu_, ii. 57.]
-
-[Footnote 8: Aristotle, _Ethica Nicomachea_, iii. 10. 10.]
-
-[Footnote 9: Cicero, _De officiis_, i. 30.]
-
-[Footnote 10: Whewell, _Elements of Morality_, p. 124 _sq._]
-
-[Footnote 11: See Sidgwick, _Methods of Ethics_, p. 328 _sq._]
-
-Sometimes temperance has been inculcated on grounds which in
-other cases lead to the duty of fasting, that is, abstinence from
-all food and drink, or at least (in a looser sense of the word)
-from certain kinds of food, for a determined period. The custom
-of fasting is wide-spread, and deserves special attention in a
-study of moral ideas.
-
-Fasting is practised or enjoined for a variety of purposes. It is
-frequently adopted as a means of having supernatural converse, or
-acquiring supernatural powers.[12] He who fasts sees in dreams or
-visions things that no ordinary eye can see. The Hudson Bay
-Eskimo "discovered that a period of fasting and abstinence from
-contact with other people endowed a person with supernatural
-powers and enabled him to learn the secrets of Tung ak [the great
-spirit]. This is accomplished by repairing to some lonely spot,
-where, for a greater or less period, the hermit abstains from
-food or water until the imagination is so worked upon that he
-believes himself imbued with the power to heal the sick and
-control all the destinies of life. Tung ak is supposed to stand
-near and reveal those things while the person is undergoing the
-test."[13] The Naudowessies totally abstain from every kind of
-either victuals or drink before a hunting expedition, because
-they think that "it enables them freely to dream, in which dreams
-they are informed where they shall find the greatest plenty of
-game."[14] The Tsimshian of British Columbia, if a special object
-is to be attained, {293} believe they can compel the deity to
-grant it by a rigid fasting.[15] The Amazulu have a saying that
-"the continually stuffed body cannot see secret things," and, in
-accordance with this belief, put no faith in a fat diviner.[16] A
-Tungus shaman, who is summoned to treat a sick person, will for
-several days abstain from food and maintain silence till he
-becomes inspired.[17] Among the Santals the person or persons who
-have to offer sacrifices at their feasts prepare themselves for
-this duty by fasting and prayer and by placing themselves for
-some time in a position of apparent mental absorption.[18] The
-savage, as Sir E. B. Tylor remarks, has many a time, for days and
-weeks together, to try involuntarily the effects of fasting,
-accompanied with other privations and with prolonged solitary
-contemplation in the desert or the forest. Under these
-circumstances he soon comes to see and talk with phantoms, which
-are to him visible personal spirits, and, having thus learnt the
-secret of spiritual intercourse, he thenceforth reproduces the
-cause in order to renew the effects.[19] The Hindus believe that
-a fasting person will ascend to the heaven of that god in whose
-name he observes the fast.[20] The Hebrews associated fasting
-with divine revelations.[21] St. Chrysostom says that fasting
-"makes the soul brighter, and gives it wings to mount up and soar
-on high."[22]
-
-[Footnote 12: Tylor, _Primitive Culture_, ii. 410 _sqq._ Spencer,
-_Principles of Sociology_, i. 261. Avebury, _Origin of
-Civilisation_, p. 266 _sqq._ Landtman, _Origin of Priesthood_,
-pp. 118-123, 158 _sqq._ Müller, _Geschichte der Amerikanischen
-Urreligionen_, pp. 285, 651. Dorsey, 'Siouan Cults,' in _Ann.
-Rep. Bur. Ethn._ xi. 390. Mooney, 'Myths of the Cherokee,'
-_ibid._ xix. 480. Herrera, _General History of the West Indies_,
-1. 165 (ancient natives of Hispaniola). Niebuhr, _Travels through
-Arabia_, ii. 282.]
-
-[Footnote 13: Turner, 'Ethnology of the Ungava District,' in
-_Ann. Rep. Bur. Ethn._ xi. 195.]
-
-[Footnote 14: Carver, _Travels through the Interior Parts of
-North America_, p. 285.]
-
-[Footnote 15: Boas, in _Fifth Report on the North-Western Tribes
-of Canada_, p. 50.]
-
-[Footnote 16: Callaway, _Religious System of the Amazulu_,
-p. 387, n. 41.]
-
-[Footnote 17: Krivoshapkin, quoted by Landtman, _op. cit._
-p. 159.]
-
-[Footnote 18: Dalton, _Ethnology of Bengal_, p. 213. See also
-Rowney, _Wild Tribes of India_, p. 77.]
-
-[Footnote 19: Tylor, _Primitive Culture_, ii. 410.]
-
-[Footnote 20: Ward, _View of the History, &c. of the Hindoos_,
-ii. 77.]
-
-[Footnote 21: _Exodus_, xxxiv. 28. _Deuteronomy_, ix. 9.
-_Daniel_, ix. 3.]
-
-[Footnote 22: St. Chrysostom, _In Cap. I. Genes. Homil. X._
-(Migne, _Patrologiæ cursus_, Ser. Graeca, liii. 83). _Cf._
-Tertullian, _De jejuniis_, 6 _sqq._ (Migne, ii. 960, 961, 963);
-Haug, _Alterthümmer der Christen_, pp. 476, 482.]
-
-Ideas of this kind partly underlie the common practice of
-abstaining from food before or in connection with the performance
-of a magical or religious ceremony;[23] but there {294} is yet
-another ground for this practice. The effect attributed to
-fasting is not merely psychical, but it also prevents pollution.
-Food may cause defilement, and, like other polluting matter, be
-detrimental to sanctity. Among the Maoris "no food is permitted
-to touch the head or hair of a chief, which is sacred; and if
-food is mentioned in connection with anything sacred (or 'tapu')
-it is considered as an insult, and revenged as such."[24] So also
-a full stomach may be polluting.[25] This is obviously the reason
-why in Morocco and elsewhere[26] certain magical practices, in
-order to be efficacious, have to be performed before breakfast.
-The Masai use strong purges before they venture to eat holy
-meat.[27] The Caribs purified their bodies by purging,
-bloodletting, and fasting; and the natives of the Antilles, at
-certain religious festivals, cleansed themselves by vomiting
-before they approached the sanctuary.[28] The true object of
-fasting often appears from the fact that it is practised hand in
-hand with other ceremonies of a purificatory character. A Lappish
-_noaide_, or wizard, prepares himself for the offering of a
-sacrifice by abstinence from food and ablutions.[29] Herodotus
-tells us that the ancient Egyptians fasted before making a
-sacrifice to Isis, and beat their bodies while the victims were
-burnt.[30] When a Hindu resolves to visit a sacred place, he has
-his head shaved two days preceding the commencement of his
-journey, and fasts the next day; on the last day of his journey
-he fasts again, and on his {295} arrival at the sacred spot he
-has his whole body shaved, after which he bathes.[31] In
-Christianity we likewise meet with fasting as a rite of
-purification. At least as early as the time of Tertullian it was
-usual for communicants to prepare themselves by fasting for
-receiving the Eucharist;[32] and to this day Roman Catholicism
-regards it as unlawful to consecrate or partake of it after food
-or drink.[33] The Lent fast itself was partly interpreted as a
-purifying preparation for the holy table.[34] And in the early
-Church catechumens were accustomed to fast before baptism.[35]
-
-[Footnote 23: Bossu, _Travels through Louisiana_, i. 38
-(Natchez). Clavigero, _History of Mexico_, i. 285 _sq._;
-Bancroft, _Native Races of the Pacific States_, iii. 440 _sq._
-(ancient Mexicans). Landa, _Relacion de las cosas de Yucatan_, p.
-156. Junghuhn, _Die Battaländer auf Sumatra_, ii. 311 _sq._
-(natives of Tjumba). Beauchamp, in the Madras Government Museum's
-_Bulletin_, iv. 56 (Hindus of Southern India). Ward, _op. cit._
-ii. 76 _sq._ (Hindus). Wassiljew, quoted by Haberland, 'Gebräuche
-und Aberglauben beim Essen,' in _Zeitschrift für Völkerpsychologie_,
-xviii. 30 (Buddhists). Porphyry, _De abstinentia ab esu
-animalium_, ii. 44; Wachsmuth, _Hellenische Alterthumskunde_, ii.
-560, 576; Hermann-Stark, _Lehrbuch der gottesdienstlichen
-Alterthümer der Griechen_, p. 381; Anrich, _Das antike
-Mysterienwesen_, p. 25; Diels, 'Ein orphischer Demeterhymnus,' in
-_Festschrift Theodor Gomperz dargebracht_, p. 6 _sqq._ Chwolsohn,
-_Die Ssabier und der Ssabismus_, ii. 23, 74.]
-
-[Footnote 24: Angas, _Polynesia_, p. 149.]
-
-[Footnote 25: See Robertson Smith, _Religion of the Semites_,
-p. 434 _sq._; Westermarck, _The Moorish Conception of Holiness_,
-p. 127.]
-
-[Footnote 26: Wuttke, _Der deutsche Volksaberglaube der
-gegenwart_, § 219, p. 161.]
-
-[Footnote 27: Thomson, _Masai Land_, p. 430.]
-
-[Footnote 28: Waitz, _Anthropologie der Naturvölker_, iv. 330;
-iii. 384.]
-
-[Footnote 29: von Düben, _Lappland_, p. 256. Friis, _Lappisk
-Mythologi_, p. 145 _sq._]
-
-[Footnote 30: Herodotus, ii. 40.]
-
-[Footnote 31: Ward, _op. cit._ ii. 130 _sq._ _Cf._ _Institutes of
-Vishnu_, xlvi. 17, 24 _sq._]
-
-[Footnote 32: Tertullian, _De oratione_, 19 (Migne, _op. cit._
-i. 1182).]
-
-[Footnote 33: _Catechism of the Council of Trent_, ii. 4. 6.]
-
-[Footnote 34: St. Jerome, _In Jonam_, 3 (Migne, _op. cit._
-xxv. 1140).]
-
-[Footnote 35: Justin Martyr, _Apologia I. pro Christianis_, 61
-(Migne, _op. cit._ Ser. Graeca, vi. 420). St. Augustine, _De fide
-et operibus_, vi. 8 (Migne, xl. 202).]
-
-In the case of a sacrifice it is considered necessary not only
-that he who offers it, but that the victim also, should be free
-from pollution. In ancient Egypt a sacrificial animal had to be
-perfectly clean.[36] According to Hindu notions the gods enjoy
-pure sacrifices only.[37] In the Kalika-Purana, a work supposed
-to have been written under the direction of Siva, it is said that
-if a man is offered he must be free from corporal defect and
-unstained with great crimes, and that if an animal is offered it
-must have exceeded its third year and be without blemish or
-disease; and in no case must the victim be a woman or a she
-animal, because, as it seems, females are regarded as naturally
-unclean.[38] According to the religious law of the Hebrews, no
-leaven or honey should be used in connection with vegetable
-offerings, on the ground that these articles have the effect of
-producing fermentation and tend to acidify and spoil anything
-with which they are mixed;[39] and the animal which was intended
-for sacrifice should be absolutely free from blemish[40] and at
-least eight days old,[41] that is, untainted with the impurity of
-birth. Quite in harmony with these prescriptions is the notion
-that human or {296} animal victims have to abstain from food for
-some time before they are offered up. Among the Kandhs the man
-who was destined to be sacrificed was kept fasting from the
-preceding evening, but on the day of the sacrifice he was
-refreshed with a little milk and palm-sago; and before he was led
-forth from the village in solemn procession he was carefully
-washed and dressed in a new garment.[42] In Morocco it is not
-only considered meritorious for the people to fast on the day
-previous to the celebration of the yearly sacrificial feast,
-_l-[(][)a]îd l-kbîr_, but in several parts of the country the
-sheep which is going to be sacrificed has to fast on that day or
-at least on the following morning, till some food is given it
-immediately before it is slaughtered. The Jewish custom which
-compels the firstborn to fast on the eve of Passover[43] may also
-perhaps be a survival from a time when all the firstborn belonged
-to the Lord.[44]
-
-[Footnote 36: Herodotus, ii. 38.]
-
-[Footnote 37: _Baudhâyana_, i. 6. 13. 1 _sq._]
-
-[Footnote 38: Dubois, _Description of the Character, &c. of the
-People of India_, p. 491.]
-
-[Footnote 39: Keil, _Manual of Biblical Archæology_, i. 262.]
-
-[Footnote 40: _Leviticus_, xxii. 19 _sqq._]
-
-[Footnote 41: _Ibid._ xxii. 27.]
-
-[Footnote 42:  Macpherson, _Memorials of Service in India_, p. 118.]
-
-[Footnote 43: Greenstone, 'Fasting,' in _Jewish Encyclopedia_, v.
-348. Allen, _Modern Judaism_, p. 394.]
-
-[Footnote 44: _Supra_, i. 459.]
-
-In some cases the custom of fasting before the performance of a
-sacrifice may be due to the idea that it is dangerous or improper
-for the worshipper to partake of food before the god has had his
-share.[45] In India a regular performance of two half-monthly
-sacrifices is enjoined on the Brahmanical householder for a
-period of thirty years from the time when he has set up a fire of
-his own--according to some authorities even for the rest of his
-life. The ceremony usually occupies two consecutive days, the
-first of which is chiefly taken up with preparatory rites and the
-vow of abstinence (_vrata_) by the sacrificer and his wife,
-whilst the second day is reserved for the main performance of the
-sacrifice. The _vrata_ includes the abstention from certain kinds
-of food, especially meat, which will be offered to the gods on
-the following day, as also from other carnal pleasures. The
-Satapatha-Brâhmana gives the following explanation of it:--"The
-gods see through the mind of man; they know that, when {297} he
-enters on this vow, he means to sacrifice to them the next
-morning. Therefore all the gods betake themselves to his house,
-and abide by him or the fires (_upa-vas_) in his house; whence
-this day is called _upa-vasatha_. Now, as it would even be
-unbecoming for him to take food before men who are staying with
-him as his guests have eaten; how much more would it be so, if he
-were to take food before the gods who are staying with him have
-eaten: let him therefore take no food at all."[46] It is hardly
-probable, however, that this is the original meaning of the
-abstinence in question. It occurs about the time of new moon and
-full moon; according to some native authorities the abstinence
-and sacrifice take place on the last two days of each half of the
-lunar month, whilst the generality of ritualistic writers
-consider the first day of the half-month that is, the first and
-sixteenth days of the month to be the proper time for the
-sacrifice.[47] We shall presently see how frequently fasting is
-observed on these occasions, presumably for fear of eating food
-which is supposed to have been polluted by the moon; hence it
-seems to me by no means improbable that the _vrata_ has a similar
-origin, instead of being merely a rite preparatory to the
-sacrifice which follows it. But at the same time the idea that
-spirits or gods should have the first share of a meal is
-certainly very ancient, and may lead to actual fasting in case
-the offering for some reason or other is to be delayed. A
-Polynesian legend tells us that a man by name Maui once caught an
-immense fish. Then he left his brothers, saying to them:--"After
-I am gone, be courageous and patient; do not eat food until I
-return, and do not let our fish be cut up, but rather leave it
-until I have carried an offering to the gods from this great haul
-of fish, and until I have found a priest, that fitting prayers
-and sacrifices may be offered to the god, and the necessary rites
-be completed in order. We shall thus all be purified. I will then
-{298} return, and we can cut up this fish in safety, and it shall
-be fairly portioned out to this one, and to that one, and to that
-other." But as soon as Maui had gone, his brothers began at once
-to eat food, and to cut up the fish. Had Maui previously reached
-the sacred place, the heart of the deity would have been appeased
-with the offering of a portion of the fish which had been caught
-by his disciples, and all the male and female deities would have
-partaken of their portions of the sacrifice. But now the gods
-turned with wrath upon them, on account of the fish which they
-had thus cut up without having made a fitting sacrifice.[48]
-
-[Footnote 45: _Cf._ Oldenberg, _Die Religion des Veda_, p. 414.]
-
-[Footnote 46: _Satapatha-Brâhmana_, i. 1. 1. 7 _sq._ Eggeling, in
-_Sacred Books of the East_, xii. 1 _sq._ Oldenberg, _op. cit._
-p. 413, n. 1.]
-
-[Footnote 47: Eggeling, in _Sacred Books of the East_, xii. 1.]
-
-[Footnote 48: Grey, _Polynesian Mythology_, p. 26 _sq._]
-
-Among many peoples custom prescribes fasting after a death.
-Lucian says that at the funeral feast the parents of the deceased
-are prevailed upon by their relatives to take food, being almost
-prostrated by a three days' fast.[49] We are told that among the
-Hindus children fast three days after the death of a parent, and
-a wife the same period after the death of her husband;[50] but
-according to a more recent statement, to be quoted presently,
-they do not altogether abstain from food. In one of the sacred
-books of India it is said that mourners shall fast during three
-days, and that, if they are unable to do so, they shall subsist
-on food bought in the market or given unasked.[51] Among the
-Nay[=a]dis of Malabar "from the time of death until the funeral
-is over, all the relations must fast."[52] Among the Irulas of
-the Neilgherries "the relatives of the deceased fast during the
-first day, that is, if . . . . the death occur after the morning
-meal, they refrain from the evening one, and eat nothing till the
-next morning. If it occur during the night, or before the morning
-meal, they refrain from all food till the evening. Similar
-fasting is observed on every return of the same day of the week,
-till the obsequies take place."[53] Among {299} the Bogos of
-Eastern Africa a son must fast three days after the death of his
-father.[54] On the Gold Coast it is the custom for the near
-relatives of the deceased to perform a long and painful fast, and
-sometimes they can only with difficulty be induced to have
-recourse to food again.[55] So also in Dahomey they must fast
-during the "corpse time," or mourning.[56] Among the Brazilian
-Paressí the relatives of a dead person remain for six days at his
-grave, carefully refraining from taking food.[57] Among the
-aborigines of the Antilles children used to fast after the death
-of a parent, a husband after the death of his wife, and a wife
-after the death of her husband.[58] In some Indian tribes of
-North America it is the custom for the relatives of the deceased
-to fast till the funeral is over.[59] Among the Snanaimuq, a
-tribe of the Coast Salish, after the death of a husband or wife
-the surviving partner must not eat anything for three or four
-days.[60] In one of the interior divisions of the Salish of
-British Columbia, the Stlatlumh, the next four days after a
-funeral feast are spent by the members of the household of the
-deceased person in fasting, lamenting and ceremonial
-ablutions.[61] Among the Upper Thompson Indians in British
-Columbia, again, those who handled the dead body and who dug the
-grave had to fast until the corpse was buried.[62]
-
-[Footnote 49: Lucian, _De luctu_, 24.]
-
-[Footnote 50: Ward, _View of the History, &c. of the Hindoos_,
-ii. 76 _sq._]
-
-[Footnote 51: _Vasishtha_, iv. 14 _sq._ _Cf._ _Institutes of
-Vishnu_, xix. 14.]
-
-[Footnote 52: Thurston, in the Madras Government Museum's
-_Bulletin_, iv. 76.]
-
-[Footnote 53: Harkness, _Description of a Singular Race
-inhabiting the Neilgherry Hills_, p. 97.]
-
-[Footnote 54: Munzinger, _Die Sitten und das Recht der Bogos_,
-p. 29.]
-
-[Footnote 55: Cruickshank, _Eighteen Years on the Gold Coast_,
-ii. 218.]
-
-[Footnote 56: Burton, _Mission to Gelele_, ii. 163.]
-
-[Footnote 57: von den Steinen, _Unter den Naturvölkern
-Zentral-Brasiliens_, p. 435. _Cf._ _ibid._ p. 339 (Bakaïri).]
-
-[Footnote 58: Du Tertre, _Histoire générale des Antilles_, ii. 371.]
-
-[Footnote 59: Charlevoix, _Voyage to North-America_, ii. 187.]
-
-[Footnote 60: Boas, in _Fifth Report on the North-Western Tribes
-of Canada_, p. 45.]
-
-[Footnote 61: Tout, 'Ethnology of the Stlatlumh of British
-Columbia,' in _Jour. Anthr. Inst._ xxxv. 138.]
-
-[Footnote 62: Teit, 'Thompson Indians of British Columbia,' in
-_Memoirs of the American Museum of Natural History_,
-Anthropology, i. 331.]
-
-In several instances fasting after a death is observed only in
-the daytime.
-
-David and his people fasted for Saul and Jonathan until even on
-the day when the news of their death arrived.[63] Among the Arabs
-of Morocco it is the custom that if a death takes place in the
-morning everyone in the village refrains from food until {300}
-the deceased is buried in the afternoon or evening; but if a
-person dies so late that he cannot be buried till the next
-morning the people eat at night. In the Pelew Islands, as long as
-the dead is unburied, fasting is observed in the daytime but not
-in the evening.[64] In Fiji after a burial the _kana-bogi_, or
-fasting till evening, is practised for ten or twenty days.[65] In
-Samoa it was common for those who attended the deceased to eat
-nothing during the day, but to have a meal at night.[66] In the
-Tuhoe tribe of the Maoris, "when a chief of distinction died his
-widow and children would remain for some time within the _whare
-potae_ [that is, mourning house], eating food during the night
-time only, never during the day."[67] The Sacs and Foxes in
-Nebraska formerly required that children should fast for three
-months after the death of a parent, except that they every day
-about sunset were allowed to partake of a meal made entirely of
-hominy.[68] Among the Kansas a man who loses his wife must fast
-from sunrise to sunset for a year and a half, and a woman who
-loses her husband must observe a similar fast for a year.[69] In
-some tribes of British Columbia and among the Thlinkets, until
-the dead body is buried the relatives of the deceased may eat a
-little at night but have to fast during the day.[70] Among the
-Upper Thompson Indians a different custom prevailed: "nobody was
-allowed to eat, drink, or smoke in the open air after sunset
-(others say after dusk) before the burial, else the ghost would
-harm them."[71]
-
-[Footnote 63: _2 Samuel_, i. 12. _Cf._ _ibid._ iii. 35.]
-
-[Footnote 64: Waitz, _op. cit._ v. 153.]
-
-[Footnote 65: Williams and Calvert, _Fiji_, p. 169.]
-
-[Footnote 66: Turner, _Nineteen Years in Polynesia_, p. 228.
-_Idem_, _Samoa_, p. 145.]
-
-[Footnote 67: Best, 'Tuhoe Land,' in _Trans. and Proceed. of the
-New Zealand Institute_, xxx. 38.]
-
-[Footnote 68: Yarrow, 'Mortuary Customs of the North American
-Indians,' in _Ann. Rep. Bur. Ethn._ i. 95.]
-
-[Footnote 69: Dorsey, 'Mourning and War Customs of the Kansas,'
-in _American Naturalist_, xix. 679 _sq._]
-
-[Footnote 70: Boas, _loc. cit._ p. 41.]
-
-[Footnote 71: Teit, _loc. cit._ p. 328.]
-
-Very frequently mourners have to abstain from certain victuals
-only, especially flesh or fish, or some other staple or favourite
-food.
-
-In Greenland everybody who had lived in the same house with the
-dead, or who had touched his corpse, was for some time forbidden
-to partake of certain kinds of food.[72] Among the Upper Thompson
-Indians "parents bereft of a child did not eat fresh meat for
-several months."[73] Among the Stlatlumh of {301} British
-Columbia a widow might eat no fresh food for a whole year, whilst
-the other members of the deceased person's family abstained from
-such food for a period of from four days to as many months. A
-widower was likewise forbidden to eat fresh meats for a certain
-period, the length of which varied with the age of the
-person--the younger the man, the longer his abstention.[74] In
-some of the Goajiro clans of Colombia a person is prohibited from
-eating flesh during the mourning time, which lasts nine days.[75]
-Among the Abipones, when a chief died, the whole tribe abstained
-for a month from eating fish, their principal dainty.[76] While
-in mourning, the Northern Queensland aborigines carefully avoid
-certain victuals, believing that the forbidden food, if eaten,
-would burn up their bowels.[77] In Easter Island the nearest
-relatives of the dead are for a year or even longer obliged to
-abstain from eating potatoes, their chief article of food, or
-some other victuals of which they are particularly fond.[78]
-Certain Papuans and various tribes in the Malay Archipelago
-prohibit persons in mourning from eating rice or sago.[79] In the
-Andaman Islands mourners refuse to partake of their favourite
-viands.[80] After the death of a relative the Tipperahs abstain
-from flesh for a week.[81] The same is the case with the Arakh, a
-tribe in Oudh, during the fifteen days in the month of Kuâr which
-are sacred to the worship of the dead.[82] Among the Nay[=a]dis
-of Malabar the relatives of the deceased are not allowed to eat
-meat for ten days after his death.[83] According to Toda custom
-the near relatives must not eat rice, milk, honey, or gram until
-the funeral is over.[84] Among the Hindus described by Mr.
-Chunder Bose a widow is restricted to one scanty meal a day, and
-this is of the coarsest description and always devoid of fish,
-the most esteemed article of food in a Hindu lady's bill of fare.
-The son, again, from {302} the hour of his father's death to the
-conclusion of the funeral ceremony, is allowed to take only a
-meal consisting of _atab_ rice, a sort of inferior pulse, milk,
-ghee, sugar, and a few fruits, and at night a little milk, sugar,
-and fruits--a _régime_ which lasts ten days in the case of a
-Brahmin and thirty-one days in the case of a Sûdra.[85] In some
-of the sacred books of India it is said that, during the period
-of impurity, all the mourners shall abstain from eating meat.[86]
-In China "meat, must, and spirits were forbidden even in the last
-month of the deepest mourning, when other sorts of food had long
-been allowed already."[87]
-
-[Footnote 72: Egede, _Description of Greenland_, p. 149 _sq._
-Cranz, _History of Greenland_, i. 218.]
-
-[Footnote 73: Teit, _loc. cit._ p. 332.]
-
-[Footnote 74: Tout, in _Jour. Anthr. Inst._ xxxv. 138 _sq._]
-
-[Footnote 75: Candelier, _Rio-Hacha_, p. 220.]
-
-[Footnote 76: Charlevoix, _History of Paraguay_, i. 405.]
-
-[Footnote 77: Lumholtz, _Among Cannibals_, p. 203.]
-
-[Footnote 78: Geiseler, _Die Oster-Insel_, pp. 28, 30.]
-
-[Footnote 79: Wilken, 'Ueber das Haaropfer, und einige andere
-Trauergebräuche bei den Völkern Indonesien's,' in _Revue
-coloniale internationale_, iv. 348 _sq._]
-
-[Footnote 80: Man, 'Aboriginal Inhabitants of the Andaman
-Islands,' in _Jour. Anthr. Inst._ xii. 142**, 353.]
-
-[Footnote 81: Browne, quoted by Dalton, _op. cit._ p. 110.]
-
-[Footnote 82: Crooke, _Tribes and Castes of the North-Western
-Provinces and Oudh_, i. 84.]
-
-[Footnote 83: Thurston, in the Madras Government Museum's
-_Bulletin_, iv. 76.]
-
-[Footnote 84: _Idem_, _ibid._ i. 174. Dr. Rivers says (_Todas_,
-p. 370) that, among the Todas, a widower is not allowed to eat
-rice nor drink milk, and that on every return of the day of the
-week on which his wife died he takes no food in the morning but
-only has his evening meal. The same holds good for a widow.]
-
-[Footnote 85: Bose, _The Hindoos as they are_, pp. 244, 254 _sq._]
-
-[Footnote 86: _Gautama_, xiv. 39. _Institutes of Vishnu_, xix. 15.]
-
-[Footnote 87: de Groot, _Religious System of China_, (vol. ii.
-book) i. 651.]
-
-The custom of fasting after a death has been ascribed to
-different causes by different writers. Mr. Spencer believes that
-it has resulted from the habit of making excessive provision for
-the dead.[88] But although among some peoples the funeral
-offerings no doubt are so extensive as to reduce the survivors to
-poverty and starvation,[89] I have met with no statement to the
-effect that they are anxious to give to the deceased all the
-eatables which they possess, or that the mourning fast is a
-matter of actual necessity. It is always restricted to some fixed
-period, often to a few days only, and it prevails among many
-peoples who have never been known to be profuse in their
-sacrifices to the dead. With reference to the Chinese, Dr. de
-Groot maintains that the mourners originally fasted with a view
-to being able to sacrifice so much the more at the tomb; and he
-bases this conclusion on the fact that the articles of food which
-were forbidden till the end of the deepest mourning were the very
-same as those which in ancient China played the principal part at
-every burial sacrifice.[90] But this prohibition may also perhaps
-be due to a belief that the offering of certain victuals to the
-dead pollutes all food belonging to the same species.
-
-[Footnote 88: Spencer, _Principles of Sociology_, i. 261 _sqq._]
-
-[Footnote 89: _Ibid._ i. 262.]
-
-[Footnote 90: de Groot, _op. cit._, (vol. ii. book) i. 652.]
-
-Professor Wilken, again, suggests that the mourners abstain from
-food till they have given the dead his due, in {303} order to
-show that they do not wish to keep him waiting longer than is
-necessary and thus make him kindly disposed towards them.[91]
-This explanation presupposes that the fast is immediately
-followed by offerings or a feast for the dead. In some instances
-this is expressly said to be the case;[92] the ancient Chinese,
-for instance, observed a special fast as an introductory rite to
-the sacrifices which they offered to the manes at regular periods
-after the demise and even after the close of the mourning.[93]
-But generally there is no indication of the mourning fast being
-an essential preliminary to a sacrifice to the dead, and in an
-instance mentioned above the funeral feast regularly precedes it.[94]
-
-[Footnote 91: Wilken, in _Revue colonials internationale_, iv.
-347, 348, 350 _sq._ n. 32.]
-
-[Footnote 92: Selenka, _Sonnige Welten_, p. 90 (Dyaks). Black,
-'Fasting,' in _Encyclopædia Britannica_, ix. 44.]
-
-[Footnote 93: de Groot, _op. cit._ (vol. ii. book) i. 656.]
-
-[Footnote 94: _Supra_, ii. 299.]
-
-It seems that Sir J. G. Frazer comes much nearer the truth when
-he observes that people originally fasted after a death "just in
-those circumstances in which they considered that they might
-possibly in eating devour a ghost."[95] Yet I think it would
-generally be more correct to say that they were afraid of
-swallowing, not the ghost, but food polluted with the contagion
-of death. The dead body is regarded as a seat of infection, which
-defiles anything in its immediate neighbourhood, and this
-infection is of course considered particularly dangerous if it is
-allowed to enter into the bowels. In certain cases the length of
-the mourning fast is obviously determined by the belief in the
-polluting presence of the ghost. The six days' fast of the
-Paressí coincides with the period after which the dead is
-supposed to have arrived in heaven no longer to return; and they
-say that anybody who should fail to observe this fast would "eat
-the mouth of the dead" and die himself.[96] Frequently the
-fasting lasts till the corpse is buried; and burial is a common
-safeguard against the return of the ghost.[97] The custom {304}
-of restricting the fast to the daytime probably springs from the
-idea that a ghost cannot see in the dark, and is consequently
-unable to come and pollute the food at night. That the object of
-the fast is to prevent pollution is also suggested by its
-resemblance to some other practices, which are evidently intended
-to serve this purpose. The Maoris were not allowed to eat on or
-near any spot where a dead body had been buried, or to take a
-meal in a canoe while passing opposite to such a place.[98] In
-Samoa, while a dead body is in the house, no food is eaten under
-the same roof; hence the family have their meals outside, or in
-another house.[99] The Todas, who fast on the day when a death
-has taken place, have on the following day their meals served in
-another hut.[100] In one of the sacred books of India it is said
-that a Brâhmana "shall not eat in the house of a relation within
-six degrees where a person has died, before the ten days of
-impurity have elapsed"; in a house "where a lying-in woman has
-not yet come out of the lying-in chamber"; nor in a house where a
-corpse lies;[101] and in connection with this last injunction we
-are told that, when a person who is not a relation has died, it
-is customary to place at the distance of "one hundred bows" a
-lamp and water-vessel, and to eat beyond that distance.[102] In
-one of the Zoroastrian books Ormuzd is represented as saying, "In
-a house when a person shall die, until three nights are completed
-. . . nothing whatever of meat is to be eaten by his
-relations";[103] and the obvious reason for this rule was the
-belief that the soul of the dead was hovering about the body for
-the first three nights after death.[104] Closely related to this
-custom is that of the modern Parsis, which forbids for three days
-all cooking under a roof where a death has occurred, but allows
-the inmates to obtain food from their neighbours {305} and
-friends.[105] Among the Agariya, a Dravidian tribe in the hilly
-parts of Mirzápur, no fire is lit and no cooking is done in the
-house of a dead person on the day when he is cremated, the food
-being cooked in the house of the brother-in-law of the
-deceased.[106] In Mykonos, one of the Cyclades, it is considered
-wrong to cook in the house of mourning; hence friends and
-relatives come laden with food, and lay the "bitter table."[107]
-Among the Albanians there is no cooking in the house for three
-days after a death, and the family are fed by friends.[108] So
-also the Maronites of Syria "dress no victuals for some time in
-the house of the deceased, but their relations and friends supply
-them."[109] When a Jew dies all the water in the same and
-adjoining houses is instantly thrown away;[110] nobody may eat in
-the same room with the corpse, unless there is only one room in
-the house, in which case the inhabitants may take food in it if
-they interpose a screen, so that in eating they do not see the
-corpse; they must abstain from flesh and wine so long as the dead
-body is in the house;[111] and on the evening of mourning the
-members of the family may not eat their own food, but are
-supplied with food by their friends.[112] Among the Arabs of
-Morocco, if a person has died in the morning, no fire is made in
-the whole village until he is buried, and in some parts of the
-country the inmates of a house or tent where a death has
-occurred, abstain from making fire for two or three days. In
-Algeria "dès que quelqu'un est mort, on ne doit pas allumer de
-feu dans la maison pendant trois jours, et il est défendu de
-toucher à de la viande rôtie, grillée ou bouillie, à moins
-qu'elle ne vienne de quelqu'un de dehors."[113] In China, for
-seven days after a death "no food is cooked in the house, and
-friends {306} and neighbours are trusted to supply the common
-necessaries of life."[114] There is no sufficient reason to
-assume that this practice of abstaining from cooking food after a
-death is a survival of a previous mourning fast, but the two
-customs seem partly to have a similar origin. The cooking may
-contaminate the food if done in a polluted house, or by a
-polluted individual. The relatives of the dead, or persons who
-have handled the corpse, are regarded as defiled; hence they have
-to abstain from cooking food, as they have to abstain from any
-kind of work,[115] and from sexual intercourse.[116] Hence, also,
-they are often prohibited from touching food; and this may in
-some cases have led to fasting, whilst in other instances they
-have to be fed by their neighbours.[117]
-
-[Footnote 95: Frazer, 'Certain Burial Customs as illustrative of
-the Primitive Theory of the Soul,' in _Jour. Anthr. Inst._ xv.
-94. See also Oldenberg, _Die Religion des Veda_, pp. 270, 590.]
-
-[Footnote 96: von den Steinen, _op. cit._ p. 434 _sq._]
-
-[Footnote 97: _Infra_, on Regard for the Dead.]
-
-[Footnote 98: Polack, _Manners ani Customs of the New
-Zealanders_, i. 239.]
-
-[Footnote 99: Turner, _Nineteen Years in Polynesia_, p. 228.
-_Idem_, _Samoa_, p. 145.]
-
-[Footnote 100: Thurston, in the Madras Government Museum's
-_Bulletin_, i. 174.]
-
-[Footnote 101: _Âpastamba_, i. 5. 16. 18 _sqq._]
-
-[Footnote 102: Haradatta, quoted by Bühler, in _Sacred Books of
-the East_, ii. 59, n. 20.]
-
-[Footnote 103: _Shâyast Lâ-Shâyast_, xvii. 2.]
-
-[Footnote 104: West, in _Sacred Books of the East_, v. 382, n. 3.]
-
-[Footnote 105: West, _ibid._ v. 382, n. 2.]
-
-[Footnote 106: Crooke, _Tribes and Castes of the North-Western
-Provinces_, i. 7.]
-
-[Footnote 107: Bent, _Cyclades_, p. 221.]
-
-[Footnote 108: von Hahn, _Albanesische Studien_, p. 151.]
-
-[Footnote 109: Dandini, 'Voyage to Mount Libanus,' in Pinkerton,
-_Collection of Voyages_, x. 290.]
-
-[Footnote 110: Allen, _Modern Judaism_, p. 435.]
-
-[Footnote 111: Bodenschatz, _Kirchliche Verfassung der heutigen
-Juden_, iv. 177.]
-
-[Footnote 112: Buxtorf, _Synagoga Judaica_, p. 707.]
-
-[Footnote 113: Certeux and Carnoy, _L'Algérie traditionelle_,
-p. 220.]
-
-[Footnote 114:  Gray, _China_, i. 287 _sq._]
-
-[Footnote 115: _Supra_, ii. 283 _sq._]
-
-[Footnote 116: Teit, _loc. cit._ p. 331 (Upper Thompson Indians).
-Tout, in _Jour. Anthr. Inst._ xxxv. 139 (Stlatlumh of British
-Columbia). Oldenberg, _Die Religion des Veda_, pp. 578, 590;
-Caland, _Die Altindischen Todten- und Bestattungsgebräuche_, p.
-81. de Groot, _op. cit._ (vol. ii. book) i. 609 (Chinese).
-Wilken, in _Revue internationale coloniale_, iv. 352, n. 41.]
-
-[Footnote 117: Turner, _Samoa_, p. 145; _Idem_, _Nineteen Years
-in Polynesia_, p. 228 (Samoans). Ellis, _Polynesian Researches_,
-i. 403 (Tahitians). Frazer, _Golden Bough_, i. 323 (Maoris).
-Williams and Calvert, _Fiji_, p. 169. Among the Upper Thompson
-Indians the persons who handled the dead body would not touch the
-food with their hands, but must put it into their mouths with
-sharp-pointed sticks (Teit, _loc. cit._ p. 331).]
-
-However, an unclean individual may be supposed to pollute a piece
-of food not only by touching it with his hand, but in some cases
-by eating it; and, in accordance with the principle of _pars pro
-toto_, the pollution may then spread to all victuals belonging to
-the same species. Ideas of this kind are sometimes conspicuous in
-connection with the restrictions in diet after a death. Thus the
-Siciatl of British Columbia believe that a dead body, or anything
-connected with the dead, is inimical to the salmon, and therefore
-the relatives of a deceased person must abstain from eating
-salmon in the early stages of the run, as also from entering a
-creek where salmon are found.[118] Among the Stlatlumh, a
-neighbouring people, not even elderly widowers, for whom the
-period of abstention is comparatively {307} short, are allowed to
-eat fresh salmon till the first of the run is over and the fish
-have arrived in such numbers that there is no danger of their
-being driven away.[119] It is not unlikely that if the motives
-for the restrictions in diet after a death were sufficiently
-known in each case, a similar fear lest the unclean mourner
-should pollute the whole species by polluting some individual
-member of it would be found to be a common cause of those rules
-which prohibit the eating of staple or favourite food.[120] But
-it would seem that such rules also may spring from the idea that
-this kind of food is particularly sought for by the dead and
-therefore defiled.
-
-[Footnote 118: Tout, 'Ethnology of the Siciatl of British
-Columbia,' in _Jour. Anthr. Inst._ xxxiv. 33.]
-
-[Footnote 119: Tout, in _Jour. Anthr. Inst._ xxxv. 139.]
-
-[Footnote 120: In the Arunta tribe, Central Australia, no
-menstruous woman is allowed to gather the Irriakura bulbs, which
-form a staple article of diet for both men and women, the idea
-being that any infringement of the restriction would result in
-the failure of the supply of the bulb (Spencer and Gillen,
-_Northern Tribes of Central Australia_, p. 615).]
-
-Moreover, unclean individuals are not only a danger to others,
-but are themselves in danger. As Sir J. G. Frazer has shown, they
-are supposed to be in a delicate condition, which imposes upon
-them various precautions;[121] and one of these may be
-restrictions in their diet. Among the Thlinkets and some peoples
-in British Columbia the relatives of the deceased not only fast
-till the body is buried, but have their faces blackened, cover
-their heads with ragged mats, and must speak but little,
-confining themselves to answering questions, as it is believed
-that they would else become chatterboxes.[122] According to early
-ideas, mourners are in a state very similar to that of girls at
-puberty, who also, among various peoples, are obliged to fast or
-abstain from certain kinds of food on account of their
-uncleanness.[123] Among the Stlatlumh, for instance, {308} when a
-girl reaches puberty, she fasts for the first four days and
-abstains from fresh meats of any kind throughout the whole period
-of her seclusion. "There was a two-fold object in this
-abstention. First, the girl, it was thought, would be harmed by
-the fresh meat in her peculiar condition; and second, the game
-animals would take offence if she partook of their meat in these
-circumstances," and would not permit her father to kill them.[124]
-
-[Footnote 121: Frazer, _Golden Bough_, i. 343, &c.]
-
-[Footnote 122: Boas, _loc. cit._ p. 41.]
-
-[Footnote 123: Boas, _loc. cit._ p. 40 _sqq._ (various tribes in
-British Columbia). Tout, in _Jour. Anthr. Inst._ xxxiv. 33
-(Siciatl). Sproat, _Scenes and Studies of Savage Life_, p. 93
-_sq._ (Ahts). Bourke, 'Medicine-Men of the Apache,' in _Ann. Rep.
-Bur. Ethn._ ix. 501. Du Tertre, _Histoire générale des Antilles_,
-ii. 371. Schomburgk, 'Natives of Guiana,' in _Jour. Ethn. Soc.
-London_, i. 269 _sq._ von Martius, _Beiträge zur Ethnographie
-Amerika's_, i. 644 (Macusis). Seligmann, in _Reports of the
-Cambridge Expedition to Torres Straits_, v. 200 _sqq._ (Western
-Islanders). Man, 'Aboriginal Inhabitants of the Andaman Islands,'
-in _Jour. Anthr. Inst._ xii. 94. See Frazer, _op. cit._ iii. 205
-_sqq._]
-
-[Footnote 124: Tout, in _Jour. Anthr. Inst._ xxxv. 136.]
-
-It should finally be noticed that, though the custom of fasting
-after a death in the main has a superstitious origin, there may
-at the same time be a physiological motive for it.[125] Even the
-rudest savage feels afflicted at the death of a friend, and grief
-is accompanied by a loss of appetite. This natural disinclination
-to partake of food may, combined with superstitious fear, have
-given rise to prohibitory rules, nay, may even in the first
-instance have suggested the idea that there is danger in taking
-food. The mourning observances so commonly coincide with the
-natural expressions of sorrow, that we are almost bound to assume
-the existence of some connection between them, even though in
-their developed forms the superstitious motive be the most prominent.
-
-[Footnote 125: _Cf._ Mallery, 'Manners and Meals,' in _American
-Anthropologist_, i. 202; Brinton, _Religions of Primitive
-Peoples_, p. 213; Schurtz, _Urgeschichte der Kultur_, p. 587.]
-
-An important survival of the mourning fast is the Lent fast. It
-originally lasted for forty hours only, that is, the time when
-Christ lay in the grave.[126] Irenaeus speaks of the fast of
-forty hours before Easter,[127] and Tertullian, when a Montanist
-disputing against the Catholics, says that the only legitimate
-days for Christian fasting were those in which the Bridegroom was
-taken away.[128] Subsequently, however, the forty hours were
-extended to forty {309} days, in imitation of the forty days'
-fasts of Moses, Elijah, and Christ.[129]
-
-[Footnote 126: _Cf._ _St. Matthew_, ix. 15; _St. Mark_, ii. 20;
-_St. Luke_, v. 35.]
-
-[Footnote 127: Irenaeus, quoted by Eusebius, _Historia
-ecclesiastica_, v. 24 (Migne, _Patrologiæ cursus_, Ser. Graeca,
-xx. 501). _Cf._ Funk, 'Die Entwicklung des Osterfastens,' in
-_Theologische Quartalschrift_, lxxv. 181 _sqq._; Duchesne,
-_Christian Worship_, p. 241.]
-
-[Footnote 128: Tertullian, _De jejuniis_, 2 (Migne, _op. cit._
-ii. 956).]
-
-[Footnote 129: St. Jerome, _Commentarii in Jonam_, 3 (Migne, _op.
-cit._ xxv. 1140). St. Augustine, _Epistola LV (alias CXIX)_, 'Ad
-inquisitiones Januarii,' 15 (Migne, xxxiii. 217 _sq._). Funk,
-_loc. cit._ p. 209.]
-
-Not only on a death, but on certain other occasions, food is
-supposed to pollute or injure him who partakes of it, and is
-therefore to be avoided. In Pfalz the people maintain that no
-food should be taken at an eclipse of the sun;[130] and all over
-Germany there is a popular belief that anybody who eats during a
-thunderstorm will be struck by the lightning.[131] When the Todas
-know that there is going to be an eclipse of the sun or the moon,
-they abstain from food.[132] Among the Hindus, while an eclipse
-is going on, "drinking water, eating food, and all household
-business, as well as the worship of the gods, are all
-prohibited"; high-caste Hindus do not even eat food which has
-remained in the house during an eclipse, but give it away, and
-all earthen vessels in use in their houses at the time must be
-broken.[133] Among the rules laid down for Snâtakas, that is,
-Brâhmanas who have completed their studentship, there is one
-which forbids them to eat, travel, and sleep during the
-twilight;[134] and in one of the Zoroastrian Pahlavi texts it is
-said that "in the dark it is not allowable to eat food, for the
-demons and fiends seize upon one-third of the wisdom and glory of
-him who eats food in the dark."[135] Many Hindus who revere the
-sun do not break their fast in the morning till they catch a
-clear view of it, and do not eat at all on days when it is
-obscured by clouds[136]--a custom to which there is a parallel
-among some North American sun-worshippers, the Snanaimuq Indians
-belonging to the Coast Salish, who must not partake of any food
-until the sun is well up in the sky.[137] Brahmins {310} fast at
-the equinoxes, solstices, conjunctions of planets, and on the
-days of the new and full moon.[138] The Buddhist Sabbath, or
-_Uposatha_, which, as we have noticed above, occurs on the day of
-full moon, on the day when there is no moon, and on the two days
-which are eighth from the full and new moon, is not only a day of
-rest, but has also from ancient times been a fast-day. He who
-keeps the Sabbath rigorously abstains from all food between
-sunrise and sunset, and, as no cooking must be done during the
-_Uposatha_, he prepares his evening meal in the early morning
-before the rise of the sun.[139]
-
-[Footnote 130: Schönwerth, _Aus der Oberpfalz_, iii. 55.]
-
-[Footnote 131: Haberland, in _Zeitschr. f. Völkerpsychologie_,
-xviii. 258.]
-
-[Footnote 132: Rivers, _op. cit._ p. 592 _sq._]
-
-[Footnote 133: Crooke, _Popular Religion of Northern India_, i.
-21 _sq._]
-
-[Footnote 134: _Laws of Manu_, iv. 55.]
-
-[Footnote 135: _Shâyast Lâ-Shâyast_, ix. 8.]
-
-[Footnote 136: Wilson, _Works_, i. 266. Hunter, _Annals of Rural
-Bengal_, ii. 285. Crooke, _Things Indian_, p. 214.]
-
-[Footnote 137: Boas, _loc. cit._ p. 51.]
-
-[Footnote 138: Dubois, _Description of the People of India_, p.
-160. See also _supra_, ii. 297.]
-
-[Footnote 139: Childers, _Dictionary of the Pali Language_, p.
-535. Kern, _Der Buddhismus_, ii. 258.]
-
-Among the Jews there are many who abstain from food on the day of
-an eclipse of the moon, which they regard as an evil omen.[140]
-We have also reason to believe that the Jews were once in the
-habit of observing the new moons and Sabbaths not only as days of
-rest, but as fast-days; and the Hebrew Sabbath, as we have seen,
-in all probability owes its origin to superstitious fear of the
-changes in the moon.[141] Or how shall we explain the curious
-rule which forbids fasting on a new moon and on the seventh
-day,[142] if not as a protest against a fast once in vogue among
-the Jews on these occasions, but afterwards regarded as an
-illegitimate rite?[143] This theory is not new, for Hooker in his
-'Ecclesiastical Polity' observes that "it may be a question,
-whether in some sort they did not always fast on the Sabbath." He
-refers to a statement of Josephus, according to which the sixth
-hour "was wont on the Sabbath always to call them home unto
-meat," and to certain pagan writers who upbraided them with
-fasting on that day.[144] In Nehemiah there is an indication that
-it was a custom to fast on the first day of the seventh
-month,[145] {311} which is "holy unto the Lord";[146] and on the
-tenth day of the same month there was the great fast of
-atonement, combined with abstinence from every kind of work.[147]
-I venture to think that all these fasts may be ultimately traced
-to a belief that the changes in the moon not only are
-unfavourable for work, but also make it dangerous to partake of
-food. The fact of the seventh day being a day of rest established
-the number seven as a sabbatical number. In the seventh month
-there are several days, besides Saturdays, which are to be
-observed as days of rest,[148] and in the seventh year there
-shall be "a sabbath of rest unto the land."[149] In these
-Sabbatarian regulations the day of atonement plays a particularly
-prominent part. The severest punishment is prescribed for him who
-does not rest and fast on that day "from even unto even";[150]
-and it is on the same day that, after the lapse of seven times
-seven years, the trumpet of the jubilee shall be caused to sound
-throughout the land.[151] Most of the rules concerning the day of
-atonement are undoubtedly post-exilic. But the fact that no other
-regular days of fasting but those mentioned by Zechariah are
-referred to by the prophets or in earlier books, hardly justifies
-the conclusion drawn by many scholars that no such fast existed.
-It is extremely probable that the fast of the tenth day of the
-seventh month _as a fast of atonement_ is of a comparatively
-modern date; but it is perhaps not too bold to suggest that the
-idea of atonement is a later interpretation of a previously
-existing fast, which was originally observed for fear of the
-dangerous quality attributed to the number seven. Why this fast
-was enjoined on the tenth day of the seventh month remains
-obscure; but it seems that the order of the month was considered
-more important than that of the day. Nehemiah speaks of a fast
-which {312} was kept on the twenty-fourth day of the seventh
-month.[152]
-
-[Footnote 140: Buxtorf, _op. cit._ p. 477.]
-
-[Footnote 141: _Supra_, ii. 286 _sq._]
-
-[Footnote 142: _Judith_, viii. 6. _Schulchan Aruch_, i. 91, 117.]
-
-[Footnote 143: See Jastrow, 'Original Character of the Hebrew
-Sabbath,' in _American Journal of Theology_, ii. 325.]
-
-[Footnote 144: Hooker, _Ecclesiastical Polity_, v. 72, vol. ii. 338.]
-
-[Footnote 145: _Nehemiah_, viii. 2, 10:--"Then he said unto them,
-Go your way, eat the fat, and drink the sweet, and send portions
-unto them _for whom nothing is prepared_."]
-
-[Footnote 146: _Nehemiah_, viii. 9 _sqq._ See also _Leviticus_,
-xxiii. 24 _sq._; _Numbers_, xxix. 1. Among the Babylonians, too,
-the seventh month had a sacred character (]astrow, _Religion of
-Babylonia and Assyria_, pp. 681, 683, 686).]
-
-[Footnote 147: _Leviticus_, xvi. 29, 31; xxiii. 27 _sqq._
-_Numbers_, xxix. 7.]
-
-[Footnote 148: _Leviticus_, xxiii. 24, 25, 35, 36, 39. _Numbers_,
-xxix. 1, 12, 35.]
-
-[Footnote 149: _Leviticus_, xxv. 4. See also _Exodus_,
-xxiii. 10 _sq._]
-
-[Footnote 150: _Leviticus_, xxiii. 29 _sq._]
-
-[Footnote 151: _Ibid._ xxv. 9.]
-
-[Footnote 152: _Nehemiah_, ix. 1.]
-
-In other Semitic religions we meet with various fasts which are
-in some way or other connected with astronomical changes.
-According to En-Nedîm, the Harranians, or "Sabians," observed a
-thirty days' fast in honour of the moon, commencing on the eighth
-day after the new moon of Adsâr (March); a nine days' fast in
-honour of "the Lord of Good Luck" (probably Jupiter),[153]
-commencing on the ninth day before the new moon of the first
-Kânûn (December); and a seven days' fast in honour of the sun,
-commencing on the eighth or ninth day after the new moon of
-Shobâth (February).[154] The thirty days' fast seems to have
-implied abstinence from every kind of food and drink between
-sunrise and sunset,[155] whereas the seven days' fast is
-expressly said to have consisted in abstinence from fat and
-wine.[156] In Manichæism--which is essentially based upon the
-ancient nature religion of Babylonia, though modified by
-Christian and Persian elements and elevated into a
-gnosis[157]--we meet with a great number of fasts. There is a
-continuous fast for two days when the sun is in Sagittarius
-(which it enters about the 22nd November) and the moon has its
-full light; another fast when the sun has entered Capricornus
-(which it does about the 21st December) and the moon first
-becomes visible; and a thirty days' fast between sunrise and
-sunset commencing on the day "when the new moon begins to shine,
-the sun is in Aquarius (where it is from about the 20th January),
-and eight days of the month have passed," which seems to imply
-that the fast cannot begin until eight days after the sun has
-entered Aquarius and that consequently, if the new moon {313}
-appears during that period, the commencement of the fast has to
-be postponed till the following new moon. The Manichaeans also
-fasted for two days at every new moon; and our chief authority on
-the subject, En-Nedîm, states that they had seven fast-days in
-each month. They fasted on Sundays, and some of them, the
-_electi_ or "perfect ones," on Mondays also.[158] We are told by
-Leo the Great that they observed these weekly fasts in honour of
-the sun and the moon;[159] but according to the Armenian Bishop
-Ebedjesu their abstinence on Sunday was occasioned by their
-belief that the destruction of the world was going to take place
-on that day.[160] There can be little doubt that the Harranian
-and Manichæan fasts were originally due, not to reverence, but to
-fear of evil influences; reverence can never be the primitive
-motive for a customary rite of fasting. The thirty days' fast
-which the Harranians observed in the month of Adsâr finds perhaps
-its explanation in the fact that, according to Babylonian
-beliefs, the month Adar was presided over by the seven evil
-spirits, who knew neither compassion nor mercy, who heard no
-prayer or supplication, and to whose baneful influence the
-popular faith attributed the eclipse of the moon.[161] But it may
-also be worth noticing that the Harranian fast took place about
-the vernal equinox--a time at which, as we have seen, the
-Brahmins of India are wont to fast, though only for a day or two.
-
-[Footnote 153: Chwolsohn, _Die Ssabier_, ii. 226, n. 247.]
-
-[Footnote 154: En-Nedîm, _Fihrist_, (book ix. ch. i.) i. 4; v. 8,
-11 _sq._ (Chwolsohn, _op. cit._ ii. 6, 7, 32, 35 _sq._). See also
-Chwolsohn, i. 533 _sqq._; ii. 75 _sq._]
-
-[Footnote 155: Chwolsohn, _op. cit._ ii. 71 _sq._ _Cf._ Abûlfedâ,
-6 (_ibid._ ii. 500).]
-
-[Footnote 156: En-Nedîm, _op. cit._ v. 11 (Chwolsohn, _op. cit._
-ii. 36).]
-
-[Footnote 157: Kessler, 'Mani, Manichäer,' in Herzog-Hauck,
-_Realencyclopädie f. protestantische Theologie_, xii. 198 _sq._
-Harnack, _History of Dogma_, iii. 330. _Idem_, 'Manichæism,' in
-_Encyclopædia Britannica_, xv. 485.]
-
-[Footnote 158: En-Nedîm, _Fihrist_, in Flügel, _Mani_, pp. 95,
-97. Flügel, p. 311 _sqq._ Kessler, _loc. cit._ p. 212 _sq._]
-
-[Footnote 159: Leo the Great, _Sermo XLII. (al. XLI.)_ 5 (Migne,
-_op. cit._ liv. 279).]
-
-[Footnote 160: Flügel, _op. cit._ p. 312 _sq._]
-
-[Footnote 161: Jastrow, _Religion of Babylonia and Assyria_,
-pp. 263, 276, 463.]
-
-It is highly probable that the thirty days' fast of the
-Harranians and Manichæans is the prototype of the Muhammedan fast
-of Rama[d.]ân. During the whole ninth month of the Muhammedan
-year the complete abstinence from food, drink and cohabitation
-from sunrise till sunset is enjoined upon every Moslem, with the
-exception of young children and idiots, as also sick persons and
-travellers, who are allowed to postpone the {314} fast to another
-time.[162] This fast is said to be a fourth part of Faith, the
-other cardinal duties of religious practice being prayer,
-almsgiving, and pilgrimage. But, as a matter of fact, modern
-Muhammedans regard the fast of Rama[d.]ân as of more importance
-than any other religious observance;[163] many of them neglect
-their prayers, but anybody who should openly disregard the rule
-of fasting would be subject to a very severe punishment.[164]
-Even the privilege granted to travellers and sick persons is not
-readily taken advantage of. During their marches in the middle of
-summer nothing but the apprehension of death can induce the
-Aeneze to interrupt the fast;[165] and when Burton, in the
-disguise of a Muhammedan doctor, was in Cairo making preparations
-for his pilgrimage to Mecca, he found among all those who
-suffered severely from such total abstinence only one patient who
-would eat even to save his life.[166] There is no evidence that
-the fast of Rama[d.]ân was an ancient, pre-Muhammedan
-custom.[167] On the other hand, its similarity with the Harranian
-and Manichæan fasts is so striking that we are almost compelled
-to regard them all as fundamentally the same institution; and if
-this assumption is correct, Muhammed must have borrowed his fast
-from the Harranians or Manichæans or both. {315} Indeed, Dr.
-Jacob has shown that in the year 623, when this fast seems to
-have been instituted, Rama[d.]ân exactly coincided with the
-Harranian fast-month.[168] In its Muhammedan form the fast
-extending over a whole month is looked upon as a means of
-expiation. It is said that by the observance of it a person will
-be pardoned all his past venial sins, and that only those who
-keep it will be allowed to enter through the gate of heaven
-called Rayyân.[169] But this is only another instance of the
-common fact that customs often for an incalculable period survive
-the motives from which they sprang.
-
-[Footnote 162: _Koran_, ii. 180, 181, 183.]
-
-[Footnote 163: _Cf._ Lane, _Modern Egyptians_, p. 106.]
-
-[Footnote 164: von Kremer, _Culturgeschichte des Orients_, i. 460.]
-
-[Footnote 165: Burckhardt, _Bedouins and Wahábys_, p. 57.]
-
-[Footnote 166: Burton, _Pilgrimage to Al-Madinah and Meccah_, i. 74.]
-
-[Footnote 167: We can hardly regard as such the passage in the
-Koran (ii. 179) where it is said, "O ye who believe! There is
-prescribed for you the fast as it was prescribed for those before
-you; haply ye may fear." The traditionists say that Muhammed was
-in the habit of spending the month of Rama[d.]ân every year in
-the cave at Hirâ, meditating and feeding all the poor who
-resorted to him, and that he did so in accordance with a
-religious practice which the Koreish used to perform in the days
-of their heathenism. Others add that [(]Abd al-Mu[t.][t.]alib
-commenced the practice, saying "that it was the worship of God
-which that patriarch used to begin with the new moon of
-Rama[d.]ân, and continue during the whole of the month" (Muir,
-_Life of Mahomet_, ii. 56, n.* Sell, _Faith of Islám_, p. 316).
-But, as Muir remarks (_op. cit._ ii. 56, n.*), it is the tendency
-of the traditionists to foreshadow the customs and precepts of
-Islam as if some of them had existed prior to Muhammed, and
-constituted part of "the religion of Abraham." See Jacob, 'Der
-muslimische Fastenmonat Rama[d.]ân,' in _VI. Jahresbericht der
-Geographischen Gesellsch. zu Greifswald_, pt. i. 1893-96, p. 2,
-_sqq._]
-
-[Footnote 168: Jacob, _loc. cit._ p. 5.]
-
-[Footnote 169: Sell, _op. cit._ p. 317.]
-
-In various religions we meet with fasting as a form of penance,
-as a means of appeasing an angry or indignant God, as an
-expiation for sin.[170] The voluntary suffering involved in it is
-regarded as an expression of sorrow and repentance pleasing to
-God, as a substitute for the punishment which He otherwise would
-inflict upon the sinner; and at the same time it may be thought
-to excite His compassion, an idea noticeable in many Jewish
-fasts.[171] Among the Jews individuals fasted in cases of private
-distress or danger: Ahab, for instance, when Elijah predicted his
-downfall,[172] Ezra and his companions before their journey to
-Palestine,[173] the pious Israelite when his friends were
-sick.[174] Moreover, fasts were instituted for the whole
-community when it believed itself to be under divine displeasure,
-when danger threatened, when a great calamity befell the land,
-when pestilence raged or drought set in, or there was a reverse
-in war.[175] Four {316} regular fast-days were established in
-commemoration of various sad events that had befallen Israel
-during the captivity;[176] and in the course of time many other
-fasts were added, in memory of certain national troubles, though
-they were not regarded as obligatory.[177] The law itself
-enjoined fasting for the great day of atonement only.
-
-[Footnote 170: Wasserschleben, _Die Bussordnungen der
-abendländischen Kirche_, _passim_ (Christianity). _Koran_, ii.
-192; iv. 94; v. 91, 96; lviii. 5. Jolly, 'Recht und Sitte,' in
-Bühler, _Grundriss der indo-arischen Philologie_, p. 117; Dubois,
-_Description of the Character, &c. of the People of India_, p.
-160 (Brahmanism). Clavigero, _History of Mexico_, i. 285. On the
-occasion of any public calamity the Mexican high-priest retired
-to a wood, where he constructed a hut for himself, and shut up in
-this hut he passed nine or ten months in constant prayer and
-frequent effusions of blood, eating only raw maize and water
-(Torquemada, _Monarchia Indiana_, ix. 25, vol. ii. 212 _sq._).]
-
-[Footnote 171: _Cf._ Benzinger, 'Fasting,' in _Encyclopædia
-Biblica_, ii. 1508; Schwally, _Das Leben nach dem Tode nach den
-Vorstellungen des alten Israel_, p. 26.]
-
-[Footnote 172: _1 Kings_, xxi. 27.]
-
-[Footnote 173: _Ezra_, viii. 21.]
-
-[Footnote 174: _Psalms_, xxxv. 13.]
-
-[Footnote 175: _Judges_, xx. 26. _1 Samuel_, vii. 6. _2
-Chronicles_, xx. 3. _Nehemiah_, ix. 1. _Jeremiah_, xxxvi. 9.
-_Joel_, i. 14; ii. 12.]
-
-[Footnote 176: _Zechariah_, viii. 19.]
-
-[Footnote 177: Greenstone, in _Jewish Encyclopedia_, v. 347.]
-
-It may be asked why this particular kind of self-mortification
-became such a frequent and popular form of penance as it did both
-in Judaism and in several other religions. One reason is, no
-doubt, that fasting is a natural expression of contrition, owing
-to the depressing effect which sorrow has upon the appetite.
-Another reason is that the idea of penitence, as we have just
-observed, may be a later interpretation put upon a fast which
-originally sprang from fear of contamination. Nay, even when
-fasting is resorted to as a cure in the case of distress or
-danger, as also when it is practised in commemoration of a
-calamity, there may be a vague belief that the food is polluted
-and should therefore be avoided. But in several cases fasting is
-distinctly a survival of an expiatory sacrifice. The sacrifice of
-food offered to the deity was changed into the "sacrifice"
-involved in the abstinence from food on the part of the
-worshipper. We find that among the Jews the decay of sacrifice
-was accompanied by a greater frequency of fasts. It was only in
-the period immediately before the exile that fasting began to
-acquire special importance; and the popular estimation of it went
-on increasing during and after the exile, partly at least from a
-feeling of the need of religious exercises to take the place of
-the suspended temple services.[178] Like sacrifice, fasting was a
-regular appendage to prayer, as a means of giving special
-efficacy to the supplication;[179] fasting and praying became in
-fact a constant combination of words.[180] And equally close is
-the {317} connection between fasting and almsgiving--a
-circumstance which deserves special notice where almsgiving is
-regarded as a form of sacrifice or has taken the place of
-it.[181] In the penitential regulations of Brahmanism we
-repeatedly meet with the combination "sacrifice, fasting, giving
-gifts";[182] or also fasting and giving gifts, without mention
-being made of sacrifice.[183] Among the Jews each fast-day was
-virtually an occasion for almsgiving,[184] in accordance with the
-rabbinic saying that "the reward of the fast-day is in the amount
-of charity distributed";[185] but fasting was sometimes declared
-to be even more meritorious than charity, because the former
-affects the body and the latter the purse only.[186] And from
-Judaism this combination of fasting and almsgiving passed over
-into Christianity and Muhammedanism. According to Islam, it is a
-religious duty to give alms after a fast;[187] if a person
-through the infirmity of old age is not able to keep the fast, he
-must feed a poor person;[188] and the violation of an
-inconsiderate oath may be expiated either by once feeding or
-clothing ten poor men, or liberating a Muhammedan slave or
-captive, or fasting three days.[189] In the Christian Church
-fasting was not only looked upon as a necessary accompaniment of
-prayer, but whatever a person saved by means of it was to be
-given to the poor.[190] St. Augustine says that man's
-righteousness in this life consists in fasting, alms, and prayer,
-that alms and fasting are the two wings which enable his prayer
-to fly upward to God.[191] But fasting without almsgiving "is not
-{318} so much as counted for fasting";[192] that which is gained
-by the fast at dinner ought not to be turned into a feast at
-supper, but should be expended on the bellies of the poor.[193]
-And if a person was too weak to fast without injuring his health
-he was admonished to give the more plentiful alms.[194]
-Tertullian expressly calls fastings "sacrifices which are
-acceptable to God."[195] They assumed the character of reverence
-offerings, they were said to be works of reverence towards
-God.[196] But fasting, as well as temperance, has also from early
-times been advocated by Christian writers on the ground that it
-is "the beginning of chastity,"[197] whereas "through love of
-eating love of impurity finds passage."[198]
-
-[Footnote 178: Benzinger, in _Encyclopædia Biblica_, ii. 1508.
-Nowack, _Lehrbuch der hebräischen Archäologie_, ii. 271.]
-
-[Footnote 179: Löw, _Gesammelte Schriften_, i. 108. Nowack, _op.
-cit._ ii. 271. Benzinger, in _Encyclopædia Biblica_, ii. 1507.]
-
-[Footnote 180: _Judith_, iv. 9, 11. _Tobit_, xii. 8.
-_Ecclesiasticus_, xxxiv. 26. _St. Luke_, ii. 37.]
-
-[Footnote 181: _Supra_, i. 565 _sqq._]
-
-[Footnote 182: _Gautama_, xix. 11. _Vasishtha_, xxii. 8.
-_Baudhâyana_, iii. 10. 9.]
-
-[Footnote 183: _Vasishtha_, xx. 47.]
-
-[Footnote 184: Kohler, 'Alms,' in _Jewish Encyclopedia_, i. 435.
-Löw, _op. cit._ i. 108. _Cf._ _Tobit_, xii. 8; Katz, _Der wahre
-Talmudjude_, p. 43.]
-
-[Footnote 185: _Ibid._ fol. 6 b, quoted by Greenstone, in _Jewish
-Encyclopedia_, v. 349.]
-
-[Footnote 186: _Berakhoth_, fol. 32 b, quoted by Hershon,
-_Treasures of the Talmud_, p. 124.]
-
-[Footnote 187: Sell, _op. cit._ p. 251.]
-
-[Footnote 188: _Ibid._ p. 281. This opinion is based on a
-sentence in the Koran (ii. 180) which has caused a great deal of
-dispute. It is said there that "those who are fit to fast may
-redeem it by feeding a poor man." But the expression "those who
-are fit to fast" has been understood to mean those who can do so
-only with great difficulty.]
-
-[Footnote 189: _Koran_, v. 91. Lane, _Modern Egyptians_, p. 313
-_sq._ See also _Koran_, ii. 192; iv. 94; v. 96; lviii. 5.]
-
-[Footnote 190: Harnack, _History of Dogma_, i. 205, n. 5. Löw,
-_op. cit._ i. 108.]
-
-[Footnote 191: St. Augustine, _Enarratio in Psalmum XLII._ 8
-(Migne, _Patrologiæ cursus_, xxxvi. 482).]
-
-[Footnote 192: St. Chrysostom, _In Matthæum Homil. LXXVII. (al.
-LXXVIII.)_ 6 (Migne, _op. cit._ Ser. Graeca, lviii. 710). St.
-Augustine, _Sermones supposititii_, cxlii. 2, 6 (Migne, xxxix.
-2023 _sq._).]
-
-[Footnote 193: St. Augustine, _Sermones supposititii_, cxli. 4
-(Migne, _op. cit._ xxxix. 2021). See also _Canons enacted under
-King Edgar_, 'Of Powerful Men,' 3 (_Ancient Laws of England_, p.
-415); _Ecclesiastical Institutes_, 38 (_ibid._ p. 486).]
-
-[Footnote 194: St. Chrysostom, _In Cap. I. Genes. Homil. X._ 2
-(Migne, _op. cit._ Ser. Graeca, liii. 83). St. Augustine,
-_Sermones supposititii_, cxlii. 1 (Migne, xxxix. 2022 _sq._).]
-
-[Footnote 195: Tertullian, _De resurrectione carnis_, 8 (Migne,
-_op. cit._ ii. 806).]
-
-[Footnote 196: Hooker, _Ecclesiastical Polity_, v. 72, vol. ii. 334.]
-
-[Footnote 197: St. Chrysostom, _In Epist. II. ad Thessal. Cap. I.
-Homil. I._ 2 (Migne, _op. cit._ Ser. Gr. lxii. 470).]
-
-[Footnote 198: Tertullian, _De jejuniis_, 1 (Migne, _op. cit._
-ii. 953). See also Manzoni, _Osservazioni sulla morale
-cattolica_, p. 175.]
-
-
-
-
-CHAPTER XXXVIII
-
-RESTRICTIONS IN DIET (_concluded_)
-
-
-BESIDES the occasional abstinence from certain victuals, which
-was noticed in the last chapter, there are restrictions in diet
-of a more durable character.
-
-Thus among the Australian aborigines the younger members of a
-tribe are, as it seems universally, subject to a variety of such
-restrictions, from which they are only gradually released as they
-grow older.[1] In the Wotjobaluk tribe in South-Eastern
-Australia, for instance, boys are forbidden to eat of the
-kangaroo and the padi-melon, being told that if they transgress
-these rules they will fall sick, break out all over with
-eruptions, and perhaps die. If a man under forty eats the tail
-part of the emu or bustard, he will turn grey, and if he eats the
-freshwater turtle he will be killed by lightning. If young men or
-women of the Wakelbura tribe eat emu, black-headed snake, or
-porcupine, they will become sick and probably die, uttering the
-sounds peculiar to the creature in question, the spirit of which
-is believed to have entered into their bodies.[2] In the
-Warramunga tribe in Central Australia a man is usually well in
-the middle age before he {320} is allowed to eat wild turkey,
-rabbit-bandicoot, and emu.[3] According to certain writers, the
-object of these restrictions is to reserve the best things for
-the use of the elders, and, more especially, of the older men;[4]
-but, on the other hand, it has been remarked that, in looking
-over the list of animals prohibited, one fails to see any good
-reasons for the selection, unless they may be assumed to have
-chiefly sprung from superstitious beliefs.[5] Among the Land
-Dyaks the young men and warriors are debarred from venison for
-fear it should render them as timid as the hind.[6] The Moors
-believe that if a young person before the age of puberty eats
-wolf's flesh he will have troubles afterwards.
-
-[Footnote 1: Curr, _The Australian Race_, i. 81. Fraser,
-_Aborigines of New South Wales_, p. 53. Howitt, _Native Tribes of
-South-East Australia_, p. 769 _sq._ Brough Smyth, _Aborigines of
-Victoria_, i. p. xxxv. Taplin, 'Narrinyeri,' in Woods, _Native
-Tribes of South Australia_, p. 137. Jung, 'Die Mündungsgegend des
-Murray und ihre Bewohner,' in _Mittheil. d. Vereins f. Erdkunde
-zu Halle_, 1877, p. 32. Spencer and Gillen, _Native Tribes of
-Central Australia_, p. 470 _sqq._ _Iidem_, _Northern Tribes of
-Central Australia_, p. 611 _sq._ Eyre, _Expeditions of Discovery
-into Central Australia_, ii. 293.]
-
-[Footnote 2: Howitt, _op. cit._ p. 769.]
-
-[Footnote 3: Spencer and Gillen, _Northern Tribes of Central
-Australia_, p. 612.]
-
-[Footnote 4: _Iidem_, _Native Tribes of Central Australia_, p.
-470 _sq._ _Iidem_, _Northern Tribes of Central Australia_, p.
-613. Jung, in _Mittheil. d. Vereins f. Erdkunde zu Halle_, 1877,
-p. 32.]
-
-[Footnote 5: Brough Smyth, _op. cit._ i. 234.]
-
-[Footnote 6: St. John, _Life in the Forests of the Far East_,
-i. 186.]
-
-There are, further, numerous instances of certain kinds of food
-being permanently forbidden to certain individuals. In Unyamwezi,
-south of Victoria Nyanza, women are not permitted to eat fowl, a
-food which is reserved for the men.[7] Among the Mandingoes of
-Teesee no woman is allowed to eat an egg, and this prohibition is
-so rigidly adhered to that "nothing will more affront a woman of
-Teesee than to offer her an egg"; the men, on the other hand, eat
-eggs without scruple, even in the presence of their wives.[8]
-Among the Bayaka, a Bantu people in the Congo Free State, both
-fowls and eggs are forbidden to women; "if a woman eats an egg
-she is supposed to become mad, tear off her clothes and run away
-into the bush."[9] The Bahima of Enkole, in the Uganda
-Protectorate, allow men to eat beef and the meat of certain
-antelopes and of buffalo, whereas women are generally allowed to
-eat beef only.[10] The people of Darfur, in Central Africa,
-prohibit their women from eating an animal's liver, because they
-think {321} that a person may increase his soul by partaking of
-it, and women are believed to have no souls.[11] The Miris of
-Northern India prize tiger's flesh as food for men, but consider
-it unsuitable for women, as "it would make them too
-strong-minded."[12] In the Australian tribes some articles of
-food are entirely interdicted to females.[13] The natives
-inhabiting the neighbourhood of Cape York forbid women to eat
-various kinds of fish, including some of the best, "on the
-pretence of causing disease in women, although not injurious to
-the men."[14] In the Sandwich Islands, again, women were not
-allowed to eat hog's flesh, turtle, and certain kinds of fruit,
-as cocoa and banana.[15] Many of these prohibitions have been
-represented as signs of the low condition of the female sex; but
-a more intimate knowledge of the facts connected with them would
-perhaps show that they have some other foundation than the mere
-selfishness of the men. For sometimes the latter also are subject
-to very similar restrictions. Among the Bahuana, in the Congo
-Free State, "women are forbidden to eat owls or other birds of
-prey, but are permitted to eat frogs, from which men are obliged
-to abstain under penalty of becoming ill."[16] With reference to
-the natives of New Britain, Mr. Powell states that, whilst in one
-place the women are prohibited from eating pigs or tortoises, the
-men are, in another place, prohibited from eating anything but
-human flesh, fowls, or fish.[17] In the Caroline Islands the men
-are forbidden to eat a common blackbird, _Lamprothornis_--which
-is a favourite food of the women--because it is believed that
-anyone who did so, and afterwards climbed a cocoa-tree, would
-fall down and perish.[18] In some Dyak tribes on the Western
-branch {322} of the river of Sarawak, goats, fowls, and the fine
-kind of fern (_paku_), which forms an excellent vegetable, are
-forbidden food to the men, though the women and boys are allowed
-to partake of them.[19]
-
-[Footnote 7: Reichard, 'Die Wanjamuesi,' in _Zeitschr. d.
-Gesellsch. f. Erdkunde zu Berlin_, xxiv. 321.]
-
-[Footnote 8: Park, _Travels in the Interior of Africa_, i. 114.]
-
-[Footnote 9: Torday and Joyce, 'Ethnography of the Ba-Yaka,' in
-_Jour. Anthr. Inst._ xxxvi. 41, 42, 51.]
-
-[Footnote 10: Roscoe, 'Bahima,' in _Jour. Anthr. Inst._ xxxvii. 101.]
-
-[Footnote 11: Felkin, 'Notes on the For Tribe,' in _Proceed. Roy.
-Soc. Edinburgh_, xiii. 218.]
-
-[Footnote 12: Dalton, _Ethnology of Bengal_, p. 33.]
-
-[Footnote 13: Curr, _The Australian Race_, i. 81. Brough Smyth,
-_op. cit._ i. xxxv.]
-
-[Footnote 14: Macgillivray, _Voyage of Rattlesnake_, ii. 10.]
-
-[Footnote 15: von Kotzebue, _Voyage of Discovery into the South
-Sea_, iii. 249, note. Cook, quoted by Buckle, _Miscellaneous and
-Posthumous Works_, iii. 355.]
-
-[Footnote 16: Torday and Joyce, 'Ethnography of the Ba-Huana,' in
-_Jour. Anthr. Inst._ xxxvi. 279.]
-
-[Footnote 17: Powell, _Wanderings in a Wild Country_, p. 173.]
-
-[Footnote 18: von Kittlitz, _Reise nach dem russischen Amerika,
-&c._ ii. 103 _sq._]
-
-[Footnote 19: Low, _Sarawak_, p. 266.]
-
-Among various peoples certain foods are forbidden to priests or
-magicians. The priests of the ancient Egyptians were not allowed
-to eat fish,[20] nor to meddle with the esculent or potable
-substances which were produced out of Egypt;[21] and, according
-to Plutarch, they so greatly disliked the nature of
-excrementitious things that they not only rejected most kinds of
-pulse, but also the flesh of sheep and swine, because it produced
-much superfluity of nutriment.[22] The lamas of Mongolia will
-touch no meat of goats, horses, or camels.[23] Among the Semang
-of the Malay Peninsula the medicine-men will not eat goat or
-buffalo flesh and but rarely that of fowl.[24] The dairymen of
-the Todas may drink milk from certain buffaloes only, and are
-altogether forbidden to eat chillies.[25] These and similar
-restraints laid upon priests or wizards are probably connected
-with the idea that holiness is a delicate quality which calls for
-special precautions.[26] Schomburgk states that the conjurers of
-the British Guiana Indians partake but seldom of the native hog,
-because they consider the eating of it injurious to the efficacy
-of their skill.[27] And the Ulád Bu [(]Azîz in Morocco believe
-that if a scribe or a saint eats wolf's flesh the charms he
-writes will have no effect, and the saliva of the saint will lose
-its curative power.
-
-[Footnote 20: Herodotus, ii. 37. Plutarch, _De Iside et Osiride_,
-7. Porphyry, _De abstinentia ab esu animalium_, iv. 7.]
-
-[Footnote 21: Porphyry, _op. cit._ iv. 7.]
-
-[Footnote 22: Plutarch, _De Iside et Osiride_, 5.]
-
-[Footnote 23: Prejevalsky, _Mongolia_, i. 56.]
-
-[Footnote 24: Skeat and Blagden, _Pagan Races of the Malay
-Peninsula_, ii. 226.]
-
-[Footnote 25: Rivers, _Todas_, p. 102 _sq._ For some other
-instances see Landtman, _Origin of Priesthood_, p. 161 _sq._]
-
-[Footnote 26: _Cf._ Frazer, _Golden Bough_, i. 391.]
-
-[Footnote 27: Schomburgk, 'Expedition to the Upper Corentyne,' in
-_Jour. Roy. Geograph. Soc. London_, xv. 30.]
-
-There are still other cases in which certain persons are
-permanently required to abstain from certain kinds of food. Thus
-in the Andaman Islands every man and woman "is prohibited all
-through life from eating some {323} one (or more) fish or animal:
-in most cases the forbidden dainty is one which in childhood was
-observed (or imagined) by the mother to occasion some functional
-derangement; when of an age to understand it the circumstance is
-explained, and cause and effect being clearly demonstrated, the
-individual, in question thence forth considers that particular
-meat his _yât-t[=u]b_, and avoids it carefully. In cases where no
-evil consequences have resulted from partaking of any kind of
-food, the fortunate person is privileged to select his own
-_yât-t[=u]b_, and is, of course, shrewd enough to decide upon
-some fish, such as shark or skate, which is little relished, and
-to abstain from which consequently entails no exercise of
-self-denial." It is believed that the god P[=u]luga would punish
-severely any person who might be guilty of eating his
-_yât-t[=u]b_, either by causing his skin to peel off, or by
-turning his hair white, and flaying him alive.[28] In Samoa each
-man had generally his god in the shape of some species of animal;
-and if he ate one of these divine animals it was supposed that
-the god avenged the insult by taking up his abode in the eater's
-body and there generating an animal of the same kind until it
-caused his death.[29] The members of a totem clan are usually
-forbidden to eat the particular animal or plant whose name they
-bear.[30] Thus among the Omaha Indians men whose totem is the elk
-believe that if they ate the flesh of the male elk they would
-break out in boils and white spots in different parts of their
-bodies; and men whose totem is the red corn think that if they
-ate red corn they would have running sores all round their
-mouths.[31] Yet, however general, prohibitions of this kind
-cannot be said to be a universal characteristic of totemism.[32]
-Sir J. G. Frazer even suggests that the original custom was
-perhaps to eat the totem and the {324} latter custom to abstain
-from it.[33] But this is hardly more than a guess.
-
-[Footnote 28: Man, 'Aboriginal Inhabitants of the Andaman
-Islands.' in _Jour. Anthr. Inst._ xii. 354.]
-
-[Footnote 29: Turner, _Samoa_, p. 17 _sq._]
-
-[Footnote 30: Frazer, _Totemism_, p. 7 _sqq._ _Idem_, _Totemism
-and Exogamy_, iv. 6.]
-
-[Footnote 31: Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur.
-Ethn._ iii. 225, 231. _Idem_, 'Siouan Folk-Lore,' in _American
-Antiquarian_, vii. 107.]
-
-[Footnote 32: Frazer, _Totemism_, p. 19. _Idem_, _Totemism and
-Exogamy_, iv. 6. _sq._]
-
-[Footnote 33: Frazer, _Totemism and Exogamy_, iv. 6 _sq._]
-
-There are, finally, restrictions in eating which refer to the
-whole people or tribe. In early society certain things which
-might serve as food are often not only universally abstained
-from, but actually prohibited by custom or law. The majority of
-these prohibitions have reference to animals or animal products,
-which are naturally more apt to cause disgust than is vegetable
-food--probably because our ancestors in early days, by instinct,
-subsisted chiefly on a vegetable diet, and only subsequently
-acquired a more general taste for animal nourishment.[34] Certain
-animals excite a feeling of disgust by their very appearance, and
-are therefore abstained from. This I take to be a reason for the
-aversion to eating reptiles. It is said that snakes are avoided
-as food because their flesh is supposed to be as poisonous as
-their bite;[35] but this explanation is hardly relevant to
-harmless reptiles, which are likewise in some cases forbidden
-food.[36] The abstinence from fish seems generally to have a
-similar origin, though some peoples say that they refuse to eat
-certain species because the soul of a relative might be in the
-fish.[37] The Navahoes of New Mexico "must never touch fish, and
-nothing will induce them to taste one."[38] The Mongols consider
-them unclean animals.[39] The South Siberian Kachinzes are said
-to refrain from them because they believe that "the evil
-principle lives in the water and eats fish."[40] The Káfirs on
-the North-Western frontier of India "detest fish, though their
-rivers abound in them."[41] The same aversion is common in the
-South {325} African tribes[42] and among most Hamitic peoples of
-East Africa;[43] when asked for an explanation of it, they say
-that fish are akin to snakes. Fish, or at least certain species
-of fish, were forbidden to the ancient Syrians;[44] and the
-Hebrews were prohibited from eating all fish that have not fins
-and scales.[45] It is curious to note that various peoples who
-detest fish also abstain from fowl.[46] The Navahoes are strictly
-forbidden to eat the wild turkey with which their forests
-abound;[47] and the Mongols dislike of fowl is so great that one
-of Prejevalsky's guides nearly turned sick on seeing him eat
-boiled duck.[48] Some peoples have a great aversion to eggs,[49]
-which are said to be excrements, and therefore unfit for
-food.[50] There may be a similar reason for the abstinence from
-milk among peoples who have domesticated animals able to supply
-them with it.[51] The Dravidian aborigines of the hills of {326}
-Central India, who never use milk, are expressly said to regard
-it as an excrement.[52] The ancient Caribs had a horror of eggs
-and never drank milk.[53] The Ashantees are "forbidden eggs by
-the fetish, and cannot be persuaded to taste milk."[54] The
-Kimbunda in South-Western Africa detest milk, and consider it
-inconceivable how a grown-up person can enjoy it; they believe
-that the Kilulu, or spirit, would punish him who partook of
-it.[55] The Dyaks of Borneo, the Javanese, and the Malays abstain
-from milk.[56] To the Chinese milk and butter are insupportably
-odious.[57]
-
-[Footnote 34: _Cf._ Schurtz, _Die Speiseverbote_, p. 17.]
-
-[Footnote 35: Skeat and Blagden, _Pagan Races of the Malay
-Peninsula_, i. 130 (Berembun). Schurtz, _op. cit._ p. 22.]
-
-[Footnote 36: _Leviticus_, xi. 29 _sq._ Sayce, _Hibbert Lectures
-on the Religion of the Ancient Babylonians_, p. 83.]
-
-[Footnote 37: Frazer, _Golden Bough_, ii. 430, 432.]
-
-[Footnote 38: Stephen, 'Navajo,' in _American Anthropologist_,
-vi. 357.]
-
-[Footnote 39: Prejevalsky, _op. cit._ i. 56.]
-
-[Footnote 40: von Strümpell, 'Der Volksstamm der Katschinzen,' in
-_Mittheil. d. Vereins f. Erdkunde zu Leipzig_, 1875, p. 23.]
-
-[Footnote 41: Fosberry, 'Some of the Mountain Tribes of the N.W.
-Frontier of India,' in _Jour. Ethn. Soc. London_, N.S. i. 192.]
-
-[Footnote 42: Fritsch, _Drei Jahre in Süd-Afrika_, p. 338.
-Shooter, _Kafirs of Natal and the Zulu Country_, p. 215 (Zulus).
-Kropf, _Das Volk der Xosa-Kaffern_, p. 102. Campbell, _Second
-Journey in the Interior of South Africa_, ii. 203 (Bechuanas).
-The Hottentots, however, eat fish (Fritsch, p. 339).]
-
-[Footnote 43: Hildebrandt, 'Wakamba und ihre Nachbarn,' in
-_Zeitschr. f. Ethnol._ x. 378. Paulitschke, _Ethnographie
-Nordost-Afrikas_, i. 155 (Somals, Gallas). Schurtz, _op. cit._
-p. 23.]
-
-[Footnote 44: Porphyry, _op. cit._ iv. 15. Plutarch, _De
-superstitione_, 10.]
-
-[Footnote 45: _Leviticus_, xi. 10 _sqq._]
-
-[Footnote 46: Hildebrandt, in _Zeitschr. f. Ethnol._ x. 378
-(Gallas, Wadshagga, Waikuyu, &c.). Paulitschke, _op. cit._ i. 153
-_sqq._ (Gallas, Somals). Burton, _Two Trips to Gorilla Land_, i.
-95 (Somals). Meldon, 'Bahima of Ankole,' in _Jour. African Soc._
-vi. 146; Ashe, _Two Kings of Uganda_, p. 303 (Bahima). Kropf,
-_Das Volk der Xosa-Kaffern_, p. 102. Among the Zulus domestic
-fowls are eaten by none except young persons and old (Shooter,
-_op. cit._ p. 215). For other peoples who abstain from fowl, see
-Bastian, _Die deutsche Expedition an der Loango-Küste_, i. 185;
-Casati, _Ten Years in Equatoria_, i. 165 (Monbuttu); Salt,
-_Voyage to Abyssinia_, p. 179 (Danakil); Skeat and Blagden,
-_Pagan Races of the Malay Peninsula_, i. 135 (Sabimba), 136
-(Orang Muka Kuning); _Globus_, l. 330 (inhabitants of Hainan);
-Ehrenreich, quoted by Schurtz, _op. cit._ p. 20 (Karaya of
-Goyaz); von den Steinen, _Durch Central-Brasilien_, p. 262
-(Yuruna); Cæsar, _De bello Gallico_, v. 12 (ancient Britons).]
-
-[Footnote 47: Stephen, in _American Anthropologist_, vi. 357.]
-
-[Footnote 48: Prejevalsky, _op. cit._ i. 56.]
-
-[Footnote 49: The Kafirs formerly abstained from eggs (Kropf,
-_op. cit._ p. 102). Among the Zulus eggs are eaten by young and
-old persons only (Shooter, _op. cit._ p. 215). The Bahima refuse
-this kind of food (Ashe, _op. cit._ p. 303), and so do generally
-the Waganda, especially the women (Felkin, 'Notes on the Waganda
-Tribe,' in _Proceed. Roy. Soc. Edinburgh_, xiii. 716; Ashe,
-p. 303). See also Andree, _Ethnographische Parallelen_, p. 126
-_sq._; Schurtz, _op. cit._ p. 23 _sq._]
-
-[Footnote 50: Reichard, 'Die Wanjamuesi,' in _Zeitschr. d.
-Gesellsch. f. Erdkunde zu Berlin_, xxiv. 321. Hildebrandt,
-'Wakamba und ihre Nachbarn,' in _Zeitschr. f. Ethnol._ x. 378.]
-
-[Footnote 51: See Westermarck, _History of Human Marriage_,
-p. 484.]
-
-[Footnote 52: Crooke, _Things Indian_, p. 92.]
-
-[Footnote 53: Du Tertre, _Histoire générale des Antilles_,
-ii. 389.]
-
-[Footnote 54: Bowdich, _Mission to Ashantee_, p. 319.]
-
-[Footnote 55: Magyar, _Reisen in Süd-Afrika_, i. 303, 321.]
-
-[Footnote 56: Low, _op. cit._ p. 267.]
-
-[Footnote 57: Huc, _Travels in Tartary_, i. 281. Westermarck,
-_op. cit._ p. 484.]
-
-The meat of certain animals may also be regarded with disgust on
-account of their filthy habits or the nasty food on which they
-live. In the Warramunga tribe, in Central Australia, there is a
-general restriction applying to eagle-hawks, and the reason
-assigned for it is that this bird feeds on the bodies of dead
-natives.[58] It seems that the abstinence from swine's flesh, at
-least in part, belongs to the same group of facts. Various tribes
-in South Africa hold it in abomination.[59] In some districts of
-Madagascar, according to Drury, the eating of pork was accounted
-a very contemptible thing.[60] It is, or was, abstained from by
-the Jakuts of Siberia, the Votyaks of the Government of
-Vologda,[61] and the Lapps.[62] The disgust for pork has likewise
-been met with in many American tribes. The Koniagas will eat
-almost any digestible substance except pork.[63] The Navahoes of
-New Mexico abominate it "as if they were the devoutest of
-Hebrews";[64] it is not forbidden by their religion, but "they
-say they will not eat the flesh of the hog simply because the
-animal is filthy in {327} its habits, because it is the scavenger
-of the town."[65] In his description of the Indians of the
-South-Eastern States Adair writes:--"They reckon all those animals
-to be unclean that are either carnivorous, or live on nasty food,
-as hogs, wolves, panthers, foxes, cats, mice, rats. . . . When
-swine were first brought among them, they deemed it such a
-horrid abomination in any of their people to eat that filthy
-and impure food, that they excluded the criminal from all
-religious communion in their circular town-house. . . . They
-still affix vicious and contemptible ideas to the eating of
-swine's flesh; insomuch that _Shúkàpa_, 'swine eater,' is the
-most opprobrious epithet that they can use to brand us with; they
-commonly subjoin _Akang-gàpa_, 'eater of dunghill fowls.' Both
-together signify 'filthy, helpless animals.'"[66] So also those
-Indians in British Guiana who have kept aloof from intercourse
-with the colonists reject pork with the greatest loathing.
-Schomburgk tells us that an old Indian permitted his children to
-accompany him on a journey only on the condition that they were
-never to eat any viands prepared by his cook, for fear lest pork
-should have been used in their preparation. But this objection
-does not extend to the native hog, which, though generally
-abstained from by wizards, is eaten by the laity indiscriminately,
-with the exception of women who are pregnant or who have just
-given birth to a child.[67] This suggests that the aversion to
-the domestic pig partly springs from the fact that it is a
-foreign animal. Indeed, the Guiana Indians refuse to eat the
-flesh of all animals that are not indigenous to their country,
-but were introduced from abroad, such as oxen, sheep, and fowls,
-apparently on the principle "that any strange and abnormal object
-is especially likely to be possessed of a harmful spirit."[68]
-The Kafirs, also, abstain {328} from the domestic swine, though
-they eat the wild hog.[69] Some writers maintain that pork has
-been prohibited on the ground that it is prejudicial to health in
-hot countries;[70] but, as we have seen, this prohibition is
-found among various northern peoples as well, and it seems
-besides that the unwholesomeness of pork in good condition has
-been rather assumed than proved. Sir J. G. Frazer, again,
-believes that the ancient Egyptians, Semites, and some of the
-Greeks abstained from this food not because the pig was looked
-upon simply as a filthy and disgusting creature, but because it
-was considered to be endowed with high supernatural powers.[71]
-In Greece the pig was used in purificatory ceremonies.[72] Lucian
-says that the worshippers of the Syrian goddess abstained from
-eating pigs, some because they held them in abomination, others
-because they thought them holy.[73] The heathen Harranians
-sacrificed the swine and ate swine's flesh once a year.[74]
-According to Greek writers, the Egyptians abhorred the pig as a
-foul and loathsome animal, and to drink its milk was believed to
-cause leprosy and itchy eruptions;[75] but once a year they
-sacrificed pigs to the moon and to Osiris and ate of the flesh of
-the victims, though at any other time they would not so much as
-taste pork.[76]
-
-[Footnote 58: Spencer and Gillen, _Northern Tribes of Central
-Australia_, p. 612.]
-
-[Footnote 59: Fritsch, _Drei Jahre in Süd-Afrika_, p. 339. Kropf,
-_op. cit._ p. 102 (Kafirs).]
-
-[Footnote 60: Drury, _Madagascar_, p. 143.]
-
-[Footnote 61: Latham, _Descriptive Ethnology_, i. 363.]
-
-[Footnote 62: Leem, _Beskrivelse over Finmarkens Lapper_, p. 501.]
-
-[Footnote 63: Bancroft, _Native Races of the Pacific States_, i. 75.]
-
-[Footnote 64: Stephen, in _American Anthropologist_, vi. 357.]
-
-[Footnote 65: Matthews, 'Study of Ethics among the Lower Races,'
-in _Jour. American Folk-Lore_, xii. 5.]
-
-[Footnote 66: Adair, _History of the American Indians_, p. 132 _sqq._]
-
-[Footnote 67: Schomburgk, in _Jour. Roy. Geograph. Soc. London_,
-xv. 29 _sq._]
-
-[Footnote 68: Im Thurn, _Indians of Guiana_, p. 368. Dr. Schurtz
-suggests (_op. cit._ p. 19 _sqq._) that some other peoples, as
-the Indians of Brazil, abstain from fowls because they are not
-indigenous to their country.]
-
-[Footnote 69: Müller, _Allgemeine Ethnographie_, p. 189.]
-
-[Footnote 70: Ramsay, _Historical Geography of Asia Minor_, p.
-32. Wiener, 'Die alttestamentarischen Speiseverbote,' in
-_Zeitschr. f. Ethnol._ viii. 103. See also Buckle, _Miscellaneous
-and Posthumous Works_, iii. 354 _sq._]
-
-[Footnote 71: Frazer, _Golden Bough_, ii. 304 _sqq._ _Idem_,
-_Pausanias's Description of Greece_, iv. 137 _sq._]
-
-[Footnote 72: Ramsay, _op. cit._ p. 31 _sq._ Frazer, _Pausanias's
-Description of Greece_, iii. 277, 593.]
-
-[Footnote 73: Lucian, _De dea Syria_, 54.]
-
-[Footnote 74: Robertson Smith, _Religion of the Semites_, p. 290.
-_Cf._ _Isaiah_, lxv. 4, and lxvi. 3, 17, where this sacrifice is
-alluded to as a heathen abomination.]
-
-[Footnote 75: Herodotus, ii. 47. Plutarch, _De Iside et Osiride_,
-8. Aelian, _De natura animalium_, x. 16.]
-
-[Footnote 76: Herodotus, ii. 47. Plutarch, _De Iside et Osiride_, 8.]
-
-Of the abhorrence of cannibalism I shall speak in a separate
-chapter, but in this connection it is worth noticing that the
-eating of certain animals is regarded with horror or disgust
-either because they are supposed to be metamorphosed
-ancestors[77] or on account of their resemblance to men. Various
-peoples refrain from {329} monkey's flesh;[78] and European
-travellers mention their own instinctive repugnance to it and
-their aversion to shooting monkeys.[79] The Indians of Lower
-California will eat any animal, except men and monkeys, "the
-latter because they so much resemble the former."[80] According
-to an ancient writer quoted by Porphyry, the Egyptian priests
-rejected those animals which "verged to a similitude to the human
-form."[81] The Kafirs say that elephants are forbidden food
-because their intelligence resembles that of men.[82]
-
-[Footnote 77: Frazer, _Golden Bough_, ii. 430 _sqq._ St. John,
-_op. cit._ i. 186 (Land Dyaks).]
-
-[Footnote 78: Shooter, _op. cit._ p. 215 (Zulus). Schurtz, _op.
-cit._ p. 28 (Abyssinians). Skeat and Blagden, _op. cit._ i. 134
-(Orang Sletar). In the _Institutes of Vishnu_ (li. 3) the eating
-of apes is particularly stigmatised.]
-
-[Footnote 79: Schurtz, _op. cit._ p. 28. _Infra_, on Regard for
-the Lower Animals.]
-
-[Footnote 80: Bancroft, _op. cit._ i. 560.]
-
-[Footnote 81: Porphyry, _op. cit._ iv. 7.]
-
-[Footnote 82: Müller, _Ethnographie_, p. 189.]
-
-Moreover, intimacy with an animal easily takes away the appetite
-for its flesh. Among ourselves, as Mandeville observes, "some
-people are not to be persuaded to taste of any creatures they
-have daily seen and been acquainted with, whilst they were alive;
-others extend their scruple no further than to their own poultry,
-and refuse to eat what they fed and took care of themselves; yet
-all of them will feed heartily and without remorse on beef,
-mutton, and fowls, when they are bought in the market."[83] Among
-other races we meet with feelings no less refined. Mencius, the
-Chinese moralist, said:--"So is the superior man affected towards
-animals, that, having seen them alive, he cannot bear to see them
-die; having heard their dying cries, he cannot bear to eat their
-flesh. Therefore he keeps away from his slaughter house and
-cook-room."[84] The abstinence from domestic fowls and their
-eggs, as also from the tame pig, may occasionally have sprung
-from sympathy. Dr. von den Steinen states that the Brazilian
-Yuruna cannot be induced to eat any animal which they have bred
-themselves, and that they apparently considered it very immoral
-when he and his party ate hen-eggs.[85] In the {330} sacred books
-of India it is represented as a particularly bad action to eat
-certain domestic animals, including village pigs and tame cocks;
-a twice-born man who does so knowingly will become an
-outcast.[86] Among the Bechuanas in South Africa dogs and tame
-cats are not eaten, though wild cats are.[87] The Arabs of
-Dukkâla in Morocco eat their neighbours' cats but not their own.
-Among the Dinka only such cows as die naturally or by an accident
-are used for food; but a dead cow is never eaten by the bereaved
-owner himself, who is too much afflicted at the loss to be able
-to touch a morsel of the carcase of his departed beast.[88]
-Herodotus says that the Libyans would not taste the flesh of the
-cow, though they ate oxen;[89] and the same rule prevailed among
-the Egyptians and Ph[oe]nicians, who would sooner have partaken
-of human flesh than of the meat of a cow.[90] The eating of cow's
-flesh is prohibited by the law of Brahmanism.[91] According to
-Dr. Rájendralála Mitra, the idea of beef as an article of food
-"is so shocking to the Hindus, that thousands over thousands of
-the more orthodox among them never repeat the counterpart of the
-word in their vernaculars, and many and dire have been the
-sanguinary conflicts which the shedding of the blood of cows has
-caused."[92] In China "the slaughter of buffaloes for food is
-unlawful, according to the assertions of the people, and the
-abstaining from the eating of beef is regarded as very
-meritorious."[93] It is said in the 'Divine Panorama' that he who
-partakes of beef or dog's flesh will be punished by the
-deity.[94] In Japan neither cattle nor sheep were in former days
-killed for food;[95] and in the rural districts many people still
-think it wrong to eat beef.[96] In Rome the slaughter of {331} a
-labouring ox was in olden days punished with excommunication;[97]
-and at Athens and in Peloponnesus it was prohibited even on
-penalty of death.[98] Indeed, the ancient idea has survived up to
-modern times in Greece, where it has been held as a maxim that
-the animal which tills the ground ought not to be used for
-food.[99] These prohibitions are no doubt to some extent
-expressions of kindly feelings towards the animals to which they
-refer.[100] A Dinka is said to be fonder of his cattle than of
-his wife and children;[101] and according to classical writers,
-the ploughing ox is not allowed to be slaughtered because he is
-himself an agriculturist, the servant of Ceres, and a companion
-to the labourer in his work.[102] But at the same time the
-restrictions in question are very largely due to prudential
-motives. Peoples who live chiefly on the products of their cattle
-show a strong disinclination to reduce their herds, especially by
-killing cows or calves;[103] and agricultural races are naturally
-anxious to preserve the animal which is used for work on the
-field. With reference to the Egyptian and Ph[oe]nician custom of
-eating bulls but abstaining from cows, Porphyry observes that
-"for the sake of utility in one and the same species of animals
-distinction is made between that which is pious and that which is
-impious," cows being spared on account of their progeny.[104]
-Until quite recently in Egypt no one was allowed to kill a calf,
-and permission from the government was required for the slaughter
-of a bull.[105] Moreover, domestic animals are frequently
-regarded as sacred in consequence of their utility, and for that
-reason also abstained from. The Dinka pay a {332} kind of
-reverence to their cattle.[106] In Egypt, according to Herodotus,
-the cow was sacred to Isis.[107] In India she has been the object
-of a special worship.[108]
-
-[Footnote 83: Mandeville, _Fable of the Bees_, p. 188.]
-
-[Footnote 84: Mencius, i. 1. 7. 8.]
-
-[Footnote 85: von den Steinen, _Durch Central-Brasilien_, p. 262.
-See also Juan and Ulloa, _Voyage to South America_, i. 426
-(Indians of Quito).]
-
-[Footnote 86: _Institutes of Vishnu_, li. 3. _Laws of Manu_, v. 19.]
-
-[Footnote 87: Campbell, _Second Journey in the Interior of South
-Africa_, ii. 203.]
-
-[Footnote 88: Schweinfurth, _Heart of Africa_, i. 163 _sq._]
-
-[Footnote 89: Herodotus, iv. 186.]
-
-[Footnote 90: _Ibid._ ii. 41. Porphyry, _op. cit._ ii. 11.]
-
-[Footnote 91: _Institutes of Vishnu_, li. 3.]
-
-[Footnote 92: Rájendralála Mitra, _Indo-Aryans_, i. 354.]
-
-[Footnote 93: Doolittle, _Social Life of the Chinese_, ii. 187.]
-
-[Footnote 94: Giles, _Strange Stories from a Chinese Studio_, ii. 376.]
-
-[Footnote 95: Reed, _Japan_, i. 61.]
-
-[Footnote 96: Griffis, _Mikado's Empire_, p. 472.]
-
-[Footnote 97: Pliny, _Historia naturalis_, viii. 70.]
-
-[Footnote 98: Varro, _De re rustica_, ii. 5. 3. _sq._ Aelian,
-_Varia historia_, v. 14.]
-
-[Footnote 99: Mariti, _Travels through Cyprus_, i. 35.]
-
-[Footnote 100: See _infra_, on Regard for the Lower Animals.]
-
-[Footnote 101: Schweinfurth, _op. cit._ i. 164.]
-
-[Footnote 102: Aelian, _Varia historia_, v. 14. Varro, _De re
-rustica_, ii. 5. 3.]
-
-[Footnote 103: Fritsch, _Die Eingeborenen Süd-Afrika's_, p. 86;
-Kropf, _op. cit._ p. 102 (Kafirs). Merker, _Die Masai_, p. 169.
-Paulitschke, _Ethnographie Nordost-Afrikas_, i. 153. Ratzel,
-_History of Mankind_, ii. 411 (pastoral races of Africa). Erman,
-_Reise um die Erde_, i. 515 (Kirghiz). Andree, _Ethnographische
-Parallelen_, p. 122 _sq._ Robertson Smith, _Religion of the
-Semites_, p. 297. Schurtz, _op. cit._ p. 30 _sq._]
-
-[Footnote 104: Porphyry, _op. cit._ ii. 11.]
-
-[Footnote 105: Wilkinson, in Rawlinson's translation of
-Herodotus, ii. 72 _sq._ n. 7.]
-
-[Footnote 106: Schweinfurth, _op. cit._ i. 163.]
-
-[Footnote 107: Herodotus, ii. 41.]
-
-[Footnote 108: Barth, _Religions of India_, p. 264.]
-
-Certain foods, then, are generally abjured, not merely because
-they excite disgust, or as the case may be, because they have a
-disagreeable taste, but also from utilitarian considerations. To
-the instances just mentioned may be added the custom prevalent
-among the Tonga Islanders of setting a temporary prohibition or
-taboo on certain eatables in order to prevent them from growing
-scarce.[109] But the most important prudential motive underlying
-the general restrictions in diet is no doubt fear lest the food
-should have an injurious effect upon him who partakes of it. The
-harm caused by it may only be imaginary; indeed, forbidden food
-is commonly regarded as unwholesome, whatever be the original
-ground on which it was prohibited.[110] The Negroes of the Loango
-Coast say that they abstain from goat-flesh because otherwise
-their skin would scale off, and from fowl so as not to lose their
-hair.[111] Some tribes of the Malay Peninsula refuse to eat the
-flesh of elephants under the pretext that it would occasion
-sickness.[112] The tribes inhabiting the hills of Assam think
-that "the penalty for eating the flesh of a cat is loss of
-speech, while those who infringe a special rule forbidding the
-flesh of a dog are believed to die of boils."[113] The
-worshippers of the Syrian goddess maintained that the eating of
-sprats or anchovies would fill the body with ulcers and wither up
-the liver.[114] In Russia veal is considered by many to be very
-unwholesome food, and is entirely rejected by pious people.[115]
-It is not probable that these ideas are in the first instance
-derived from experience; but there can be no doubt that fear of
-evil consequences is in many cases a {333} primary motive for the
-abstinence from a certain kind of food. Mr. Im Thurn supposes
-that the Guiana Indian avoids eating the flesh of various animals
-because he thinks they are particularly malignant.[116] Animals
-that present some unusual or uncanny peculiarity are rejected
-because they are objects of superstitious fear. The Egyptian
-priests, we are told, did not eat oxen which were twins or which
-were speckled, nor animals that had only one eye.[117] The North
-American Indians of the South-Eastern States abstained from all
-birds of night, believing that if they ate them they would fall
-ill.[118] Another cause of rejecting the flesh of certain animals
-is the idea that anybody who partook of it would at the same time
-acquire some undesirable quality inherent in the animal.[119] The
-Záparo Indians of Ecuador "will, unless from necessity, in most
-cases not eat any heavy meats such as tapir and peccary, but
-confine themselves to birds, monkeys, deer, fish, &c.,
-principally because they argue that the heavier meats make them
-also unwieldy, like the animals who supply the flesh, impeding
-their agility and unfitting them for the chase."[120] For a
-similar reason the ancient Caribs are said to have refrained from
-turtles;[121] and some North American Indians state that in
-former days their greatest chieftains "seldom ate of any animal
-of gross quality, or heavy motion of body, fancying it conveyed a
-dullness through the whole system, and disabled them from
-exerting themselves with proper vigour in their martial, civil,
-and religious duties."[122] The Namaquas of South Africa, again,
-pretend not to eat the flesh of the hare, because they think it
-would make them as faint-hearted as that animal.[123] Among the
-Kafirs only children may eat hares, whereas the men partake of
-the flesh of the {334} leopard in order to get its strength.[124]
-Among some other peoples the hare is forbidden food,[125]
-possibly owing to a similar superstition. The blood of an animal
-is avoided because it is believed to contain its life or soul. We
-meet with this custom in several North American tribes,[126] as
-well as in the Old Testament;[127] and from the Jews it passed
-into early Christianity.[128]
-
-[Footnote 109: Mariner, _Natives of the Tonga Islands_, ii. 233.]
-
-[Footnote 110: _Cf._ Schurtz, _op. cit._ p. 23.]
-
-[Footnote 111: Bastian, _Die deutsche Expedition an der
-Loango-Küste_, i. 185.]
-
-[Footnote 112: Skeat and Blagden, _op. cit._ i. 132.]
-
-[Footnote 113: Hodson, 'The "Genna" amongst the Tribes of Assam,'
-in _Jour. Anthr. Inst._ xxxvi. 98.]
-
-[Footnote 114: Plutarch, _De superstitione_, 10.]
-
-[Footnote 115: Erman, _Reise um die Erde_, i. 515.]
-
-[Footnote 116: Im Thurn, _op. cit._ p. 368.]
-
-[Footnote 117: Porphyry, _op. cit._ iv. 7.]
-
-[Footnote 118: Adair, _op. cit._ p. 130 _sq._]
-
-[Footnote 119: See Frazer, _Golden Bough_, ii. 353 _sqq._]
-
-[Footnote 120: Simson, _Travels in the Wilds of Ecuador_, p. 168.]
-
-[Footnote 121: Waitz, _Anthropologie der Naturvölker_, iii. 384.]
-
-[Footnote 122: Adair, _op. cit._ p. 133.]
-
-[Footnote 123: Hahn, _Supreme Being of the Khoi-Khoi_, p. 106.]
-
-[Footnote 124: Kropf, _op. cit._ p. 102.]
-
-[Footnote 125: _Leviticus_, xi. 6, 8. Cæsar, _De bello Gallico_,
-v. 12 (ancient Britons). The Chinese have a deep-rooted prejudice
-against eating the flesh of the hare, which they have always
-regarded as an animal endowed with mysterious properties (Dennis,
-_Folk-Lore of China_, p. 64). With reference to the Biblical
-prohibition of eating camel's flesh, old exegetes observed that
-the camel is a very revengeful animal, and that its
-vindictiveness would be transferred to him who partook of its
-meat (Wiener, in _Zeitschr. f. Ethnol._ viii. 104); but whether
-the prohibition in question originated in such a belief is open
-to doubt.]
-
-[Footnote 126: Adair, _op. cit._ p. 134. Frazer, _Golden Bough_,
-i. 353.]
-
-[Footnote 127: _Leviticus_, iii. 17; vii. 25 _sqq._; xvii. 10
-_sqq._; xix. 26. _Deuteronomy_, xii. 16, 23 _sqq._; xv. 23.]
-
-[Footnote 128: Haberland, 'Gebräuche und Aberglauben beim Essen,'
-in _Zeitschr. f. Völkerpsychologie_, xvii. 363 _sq._]
-
-The general abstinence from certain kinds of food has thus sprung
-from a great variety of causes. Of these I have been able to
-point out only some of the more general and obvious. As Sir J. G.
-Frazer justly remarks, to explain the ultimate reason why any
-particular food is prohibited to a whole tribe or to certain of
-its members would commonly require a far more intimate knowledge
-of the history and beliefs of the tribe than we possess.[129]
-Even explanations given by the natives themselves may be
-misleading, since the original motive for a custom may have been
-forgotten, while the custom itself is still preserved. But I
-think that, broadly speaking, the general avoidance of a certain
-food may be traced to one or several of the following sources:
-its disagreeable taste; disgust caused, in the case of animal
-food, either by the external appearance of the animal, or by its
-unclean habits, or by sympathy, or by associations of some kind
-or other, or even by the mere fact that it is commonly abstained
-from; the disinclination to kill an animal for food, or,
-generally, to reduce the supply of a certain kind of victuals;
-the idea, whether correct or false, that the food would injure
-{335} him who partook of it. From what has been said in previous
-chapters it is obvious that any of these factors, if influencing
-the manners of a whole community and especially when supported by
-the force of habit, may lead not only to actual abstinence but to
-prohibitory rules the transgression of which is apt to call forth
-moral disapproval. This is particularly the case at the earlier
-stages of culture, where a people's tastes and habits are most
-uniform, where the sway of custom is most powerful, where
-instinctive aversion most readily develops into moral
-indignation, and where man in almost every branch of action
-thinks he has to be on his guard against supernatural dangers.
-And in this, as in other cases of moral concern, the prohibition
-may easily be sanctioned by religion, especially when the
-abstinence is due to fear of some mysterious force or quality in
-the thing avoided. The religious aspect assumed particular
-prominence in Hebrewism and Brahmanism. It is said in the
-'Institutes of Vishnu' that the eating of pure food is more
-essential than all external means of purification; "he who eats
-pure food only is truly pure, not he who is only purified with
-earth and water."[130] The Koran forbids the eating of "what is
-dead, and blood, and flesh of swine, and whatsoever has been
-consecrated to other than God."[131] Mediæval Christianity
-prohibited the eating of various animals, especially horses,
-which were not used as food in the South of Europe, but which the
-pagan Teutons sacrificed and ate at their religious feasts.[132]
-The idea that it is "unchristian" to eat horseflesh has survived
-even to the present day, and has, together with the aversion to
-feeding on a pet animal, been responsible for the loss of
-enormous quantities of nourishing food. Among ourselves the only
-eatable thing the partaking of which is generally condemned as
-immoral is human flesh. But there are a considerable number of
-people who think {336} that we ought to abstain from all animal
-meat, not only for sanitary reasons, but because man is held to
-have no right to subject any living being to suffering and death
-for the purpose of gratifying his appetite.
-
-[Footnote 129: Frazer, _Golden Bough_, i. 391 _sq._]
-
-[Footnote 130: _Institutes of Vishnu_, xxii. 89.]
-
-[Footnote 131: _Koran_, ii. 168.]
-
-[Footnote 132: Langkavel, 'Pferde und Naturvölker,' in
-_Internationales Archiv für Ethnographie_, i. 53. Schurtz, _op.
-cit._ p. 32 _sq._ Maurer, _Die Bekehrung des Norwegischen Stammes
-zum Christenthume_, ii. 198.]
-
-On similar grounds vegetarianism has been advocated as a moral
-duty among Eastern races, as also in classical antiquity. The
-regard for life in general, which is characteristic of Taouism,
-Buddhism, Jainism, and Brahmanism,[133] led to the condemnation
-of the use of animals as food. It is a very common feeling among
-the Chinese of all classes that the eating of flesh is sensual
-and sinful, or at least quite incompatible with the highest
-degree of sincerity and purity.[134] In Japan many persons
-abstain from meat, owing to Buddhistic influence.[135] In India
-animal food was not avoided in early times; the epic characters
-shoot deer and eat cows.[136] Even in the sacred law-books the
-eating of meat is permitted in certain circumstances:--"On
-offering the honey-mixture to a guest, at a sacrifice and at the
-rites in honour of the manes, but on these occasions only, may an
-animal be slain."[137] Nay, some particular animals are expressly
-declared eatable.[138] The total abstinence from meat is in fact
-represented as something meritorious rather than as a strict
-duty;[139] it is said that "by avoiding the use of flesh one
-gains a greater reward than by subsisting on pure fruit and
-roots, and by eating food fit for ascetics in the forest."[140]
-But on the other hand we also read that "there is no greater
-sinner than that man who, though not worshipping the gods or the
-manes, seeks to increase the bulk of his own flesh by the flesh
-of other beings."[141] As a matter of fact, meat is nowadays
-commonly, though by no means universally, abstained from by high
-caste Hindus, whereas {337} most low caste natives are only
-vegetarian when flesh food is not within their reach;[142] and we
-are told that the views which many Hindus entertain of people who
-indulge in such food are not very unlike the opinions which
-Europeans have about cannibals.[143] The immediate origin of
-these restrictions seems obvious enough. They were not
-introduced--as has been supposed--either as mere sumptuary
-measures,[144] or because meat was found to be an aliment too
-rich and heavy in a warm climate,[145] but they were the natural
-outcome of a system which enjoins regard for life in general and
-kindness towards all living beings. In the 'Laws of Manu' it is
-expressly said that the use of meat should be shunned for the
-reason that "meat can never be obtained without injury to living
-creatures, and injury to sentient beings is detrimental to the
-attainment of heavenly bliss."[146] That the prohibition of
-eating animals resulted from the prohibition of killing them is
-also suggested by other facts. If Hindu Pariahs eat the flesh of
-animals which have died naturally, it "is not visited upon them
-as a crime, but they are considered to be wretches as filthy and
-disgusting as their food is revolting."[147] Buddhism allows the
-eating of fish and meat if it is pure in three respects, to
-wit--if one has not seen, nor heard, nor suspected that it has
-been procured for the purpose;[148] and among the Buddhists of
-Burma even the most strictly religious have no scruples in eating
-the flesh of an animal killed by another person, "as then, they
-consider, the sin of its destruction does not rest upon them, but
-on the person who actually caused it."[149]
-
-[Footnote 133: See _infra_, on Regard for the Lower Animals.]
-
-[Footnote 134: Doolittle, _op. cit._ ii. 183.]
-
-[Footnote 135: Chamberlain, _Things Japanese_, p. 175 _sq._]
-
-[Footnote 136: Hopkins, _Religions of India_, p. 200.]
-
-[Footnote 137: _Laws of Manu_, v. 41. See also _Vasishtha_, iv. 5.]
-
-[Footnote 138: _Institutes of Vishnu_, li. 6. _Laws of Manu_, v. 18.]
-
-[Footnote 139: See Jolly, 'Recht und Sitte,' in Bühler,
-_Grundriss der indo-arischen Philologie_, ii. 157.]
-
-[Footnote 140: _Laws of Manu_, v. 54. See also _ibid._ v. 53, 56.]
-
-[Footnote 141: _Ibid._ v. 52.]
-
-[Footnote 142: Kipling, _Beast and Man in India_, p. 6. Crooke,
-_Things Indian_, p. 228.]
-
-[Footnote 143: Percival, _Land of the Veda_, p. 272.]
-
-[Footnote 144: Hopkins, _op. cit._ p. 200.]
-
-[Footnote 145: Dubois, _Description of the Character, &c. of the
-People of India_, p. 120.]
-
-[Footnote 146: _Laws of Manu_, v. 48. See also _ibid._ v. 45, 49.]
-
-[Footnote 147: Dubois, _op. cit._ p. 121.]
-
-[Footnote 148: Kern, _Manual of Indian Buddhism_, p. 71, n. 5.]
-
-[Footnote 149: Fytche, _Burma Past and Present_, ii. 78.]
-
-Vegetarianism is, further, said to have been practised by the
-first and most learned class of the Persian Magi, who, according
-to Eubulus, neither slew nor ate anything {338} animated;[150]
-and many of the Egyptian priests are reported to have abstained
-entirely from animal food.[151] In ancient legends we are told
-that the earliest men, who were pure and free from sin, killed no
-animal but lived exclusively on the fruits of the earth.[152] In
-Greece the Pythagoreans opposed the killing and eating of
-animals, "as having a right to live in common with mankind,"[153]
-or in consequence of their theory that the souls of men after
-death transmigrate into animals.[154] According to Porphyry, a
-fleshless diet not only contributes to the health of the body and
-to the preservation of the power and purity of the mind, but is
-required by justice. Animals, he said, are allied to men, and he
-must be considered an impious person who does not abstain from
-acting unjustly towards his kindred.[155]
-
-[Footnote 150: Porphyry, _op. cit._ iv. 16.]
-
-[Footnote 151: _Ibid._ iv. 7.]
-
-[Footnote 152: _Genesis_, i. 29. _Bundahis_, xv. 6 _sqq._; _cf._
-Windischmann, _Zoroastrische Studien_, p. 212. Hesiod, _Opera et
-dies_, 109 _sqq._ Plato, _Politicus_, p. 272. Porphyry, _op.
-cit._ iv. 2.]
-
-[Footnote 153: Diogenes Laertius, _Vitæ philosophorum_, viii. 1.
-12 (13). Plutarch, _De carnium esu oratio I._ 1.]
-
-[Footnote 154: Seneca, _Epistulæ_, cviii. 19.]
-
-[Footnote 155: Porphyry, _op. cit._ i. 2; iii. 26 _sq._]
-
-       *       *       *       *       *
-
-There still remains a group of restrictions in diet which call
-for our consideration, namely, such as refer to the use of
-intoxicating drinks, either only prohibiting immoderation or also
-demanding total abstinence.
-
-Among a large number of peoples drunkenness is so common that it
-can hardly be looked upon as a vice by the community; on the
-contrary, it is sometimes an object of pride, or is regarded
-almost as a religious duty. An old traveller on the West African
-Gold Coast says that the natives teach their children drunkenness
-at the age of three or four years, "as if it were a virtue."[156]
-The Negroes of Accra, according to Monrad, take a pride in
-getting drunk, and praise the happiness of a person who is so
-intoxicated that he can hardly walk.[157] In ancient Yucatan he
-who dropped down senseless from drink in a banquet was allowed to
-remain where he fell, {339} and was regarded by his companions
-with feelings of envy.[158] Among the Pueblo Indians in New
-Mexico, who are otherwise a sober people, drunkenness forms a
-part of their religious festivals.[159] So also in the hill
-tribes of the Central Provinces of India a large quantity of
-liquor is an essential element in their religious rites, and
-their acts of worship invariably end in intoxication.[160] Of the
-Ainu in Japan we are told that "to drink for the god" is their
-chief act of worship; the more _saké_ they drink the more devout
-they are, whereas the gods will be angry with a person who
-abstains from the intoxicating drink.[161] The ancient
-Scandinavians regularly concluded their religious ceremonies with
-filling and emptying stoops in honour of their gods; and even
-after their conversion to Christianity they were allowed to
-continue this practice at the end of their services, with the
-difference that they were now required in their toast-drinking to
-substitute for the names of their false deities those of the true
-God and his saints.[162] Of the Germans Tacitus states that "to
-pass an entire day and night in drinking disgraces no one";[163]
-and this habit of intoxication the Anglo-Saxons brought with them
-to England, where it was nourished by a damp climate and a marshy
-soil. In the seventh and eighth centuries some efforts were made
-to check drunkenness on the initiative of Theodore, archbishop of
-Canterbury, and Egbert, archbishop of York, and these exertions
-were supported by the kings from a political desire to prevent
-riots and bloodshed.[164] The Penitentials tell us the tale of
-universal intemperance more effectively than any description of
-it could do. A bishop who was so drunk as to vomit while
-administering the holy sacrament was condemned to eighty or
-ninety days penance, a presbyter to {340} seventy, a deacon or
-monk to sixty, a clerk to forty;[165] and if a person was so
-intoxicated that, pending the rite, he dropped the sacred
-elements into the fire or into a river, he was required to chant
-a hundred psalms.[166] A bishop or priest who persevered in the
-habit of drunkenness was to be degraded from his office;[167]
-whilst single cases of intoxication, if accompanied by vomiting,
-incurred penance for a certain number of days--forty for a
-presbyter or deacon,[168] thirty for a monk,[169] fifteen for a
-layman.[170] However, these rules admitted of exceptions: if
-anybody in joy and glory of our Saviour's natal day, or of
-Easter, or in honour of any saint, vomited through being drunk,
-and in so doing had taken no more than he was ordered by his
-elders, it mattered nothing; and if a bishop had commanded him to
-be drunk he was likewise innocent, unless indeed the bishop was
-in the same state himself.[171] If these attempts to encourage
-soberness produced any change for the better, it could only have
-been temporary; for some time afterwards intemperance was carried
-to its greatest excess through the practice and example of the
-Danes.[172] Under the influence of the Normans, who were a more
-temperate race, drunkenness, for a time decreased in England; but
-after a few reigns the Saxons seem rather to have corrupted their
-conquerors than to have been benefited by their example.[173] As
-late as the eighteenth century drunkenness was universal among
-all classes in England. It was then as uncommon for a party to
-separate while any member of it remained sober {341} as it is now
-for any one in such a party to degrade himself through
-intoxication. No loss of character was incurred by habitual
-excess. Men in the position of gentlemen congratulated each other
-upon the number of bottles emptied; and it would have been
-considered a very frivolous objection to a citizen who aspired to
-the dignity of Alderman or Mayor that he was an habitual
-drunkard.[174]
-
-[Footnote 156: Bosman, _Description of the Coast of Guinea_, p. 107.]
-
-[Footnote 157: Monrad, _Skildring af Guinea-Kysten_, p. 242.]
-
-[Footnote 158: Bancroft, _op. cit._ ii. 725.]
-
-[Footnote 159: _Ibid._ i. 555.]
-
-[Footnote 160: Hislop, _Aboriginal Tribes of the Central
-Provinces_, p. 1. Campbell, _Wild Tribes of Khondistan_, p. 164
-_sq._ (Kandhs).]
-
-[Footnote 161: Bird, _Unbeaten Tracks in Japan_, ii. 68, 96.
-_Cf._ Batchelor, _Ainu of Japan_, p. 31.]
-
-[Footnote 162: Maurer, _op. cit._ ii. 200. Bartholinus,
-_Antiquitates Danicæ_, i. 8, p. 128 _sqq._ Mallet, _Northern
-Antiquities_, p. 196.]
-
-[Footnote 163: Tacitus, _Germania_, 22.]
-
-[Footnote 164: _Laws of Hlothhære and Eadric_, 12 _sq._ Thrupp,
-_The Anglo-Saxon Home_, p. 297.]
-
-[Footnote 165: _P[oe]nitentiale Pseudo-Theodori_, xxvi. 4
-(Wasserschleben, _Die Bussordnungen der abendländischen Kirche_,
-p. 594). _P[oe]nitentiale Egberti_, xi. 7 (Wasserschleben, p. 242).]
-
-[Footnote 166: _P[oe]nitentiale Pseudo-Theodori_, xxvi. 5
-(Wasserschleben, _op. cit._ p. 594). _P[oe]nitentiale Egberti_,
-xi. 9 (Wasserschleben, p. 242).]
-
-[Footnote 167: _P[oe]nitentiale Theodori_, i. 1. 1
-(Wasserschleben, _op. cit._ p. 184). _P[oe]nitentiale Egberti_,
-xi. 1 (Wasserschleben, p. 242).]
-
-[Footnote 168: _P[oe]nitentiale Theodori_, i. 1. 3
-(Wasserschleben, _op. cit._ p. 184). _P[oe]nitentiale Egberti_,
-xi. 3 (Wasserschleben, p. 242).]
-
-[Footnote 169: _P[oe]nitentiale Theodori_, i. 1. 2
-(Wasserschleben, _op. cit._ p. 184). _P[oe]nitentiale Egberti_,
-xi. 2 (Wasserschleben, p. 242).]
-
-[Footnote 170: _P[oe]nitentiale Theodori_, i. 1. 5
-(Wasserschleben, _op. cit._ p. 184).]
-
-[Footnote 171: _P[oe]nitentiale Theodori_, i. 1. 4
-(Wasserschleben, _op. cit._ p. 184).]
-
-[Footnote 172: Thrupp, _op. cit._ p. 299 _sqq._]
-
-[Footnote 173: _Ibid._ p. 301 _sq._]
-
-[Footnote 174: Porter, _Progress of the Nation_, p. 239. Pike,
-_History of Crime in England_, ii. 587. Massey, _History of
-England during the Reign of George III._ ii. 60.]
-
-Though of late years drunkenness has been decreasing among those
-European nations who have been most addicted to it, and is
-nowadays generally recognised as a vice, our civilisation is
-still, as it has always been, the great source from which the
-poison of intoxication is pouring over the earth in all
-directions, infecting or killing races who previously knew
-nothing of alcohol or looked upon it with abhorrence. Eastern
-religions have emphatically insisted upon sobriety or even total
-abstinence from intoxicating liquors. In the sacred law-books of
-Brahmanism thirteen different kinds of alcoholic drinks are
-mentioned, all of which are forbidden to Brâhmanas and three to
-Kshatriyas and Vaisyas;[175] yet, though there be no sin in
-drinking spirituous liquor, "abstention brings greater
-reward."[176] A twice-born man who drinks the liquor called Surâ
-commits a mortal sin, which will be punished both in this life
-and in the life to come;[177] the most proper penalty for such a
-person is to drink that liquor boiling-hot, and only when his
-body has been completely scalded by it is he freed from his
-guilt.[178] Among the modern Hindus drunkenness is said to be
-detested by all but the very lowest castes in the agricultural
-districts and some high caste people residing in the great towns,
-who have learned it from Europeans; it is supposed to be
-destructive of caste purity; hence a notorious drunkard is, or at
-least {342} used to be, expelled from his caste.[179] Buddhism
-interdicts altogether the use of alcohol;[180] "of the five
-crimes, the taking of life, theft, adultery, lying, and drinking,
-the last is the worst."[181] Taouism condemns the love of
-wine.[182] In Zoroastrianism the holy Sraosha is represented as
-fighting against the demon of drunkenness,[183] and it is said
-that the sacred beings are not pleased with him who drinks wine
-more than moderately;[184] but it seems that the ancient Persians
-nevertheless were much addicted to intoxication.[185] According
-to classical writers, some of the Egyptian priests abstained
-entirely from wine, whilst others drank very little of it;[186]
-and before the reign of Psammetichus the kings neither drank
-wine, nor made libation of it as a thing acceptable to the
-gods.[187] The use of wine and other inebriating drinks is
-forbidden by Islam,[188] and was punished by Muhammed with
-flogging.[189] It may also be said of his followers that they for
-the most part have obeyed this command, at least in country
-districts,[190] and that the exceptions to the rule are directly
-or indirectly attributable to the influence of Christians.
-
-[Footnote 175: _Institutes of Vishnu_, xxii. 82, 84. _Gautama_,
-ii. 20. _Laws of Manu_, xi. 94 _sq._]
-
-[Footnote 176: _Laws of Manu_, v. 56.]
-
-[Footnote 177: _Ibid._ ix. 235, 237; xi. 49, 55; xii. 56.]
-
-[Footnote 178: _Ibid._ xi. 91.]
-
-[Footnote 179: Caldwell, _Tinnevelly Shanars_, p. 38. Dubois,
-_op. cit._ p. 116. Samuelson, _History of Drink_, p. 46.]
-
-[Footnote 180: Oldenberg, _Buddha_, p. 290. Monier-Williams,
-_Buddhism_, p. 126.]
-
-[Footnote 181: Hardy, _Manual of Budhism_, p. 491.]
-
-[Footnote 182: Douglas, _Confucianism and Taouism_, p. 266.]
-
-[Footnote 183: _Vendîdâd_, xix. 41.]
-
-[Footnote 184: _Dînâ-î Maînôg-î Khirad_, xvi. 62.]
-
-[Footnote 185: Herodotus, i. 133.]
-
-[Footnote 186: Porphyry, _op. cit._ iv. 6. Plutarch, _De Iside et
-Osiride_, 6.]
-
-[Footnote 187: Plutarch, _De Iside et Osiride_, 6.]
-
-[Footnote 188: _Koran_, ii. 216.]
-
-[Footnote 189: Lane, _Modern Egyptians_, p. 122.]
-
-[Footnote 190: Burton, _Pilgrimage to Al-Madinah and Meccah_, ii.
-118. Blunt, _Bedouin Tribes of the Euphrates_, ii. 213. Polak,
-_Persien_, ii. 268. Lane, _Modern Egyptians_, p. 298 _sq._ Pool,
-_Studies in Mohammedanism_, p. 283.]
-
-The condemnation of drunkenness is, of course, in the first place
-due to its injurious consequences. The Basutos of South Africa
-say that "there is blood in the dregs"--that is, intoxication
-ends in bloody quarrels.[191] The Omaha Indians made drunkenness
-a crime punishable with flogging and loss of property, because it
-often led to murders.[192] Sahagun tells us of a Mexican king who
-severely admonished his people to abstain from intoxication, as
-being the cause of troubles and disorders in villages and {343}
-kingdoms, of misery, sorrow, and poverty.[193] Of him who drinks
-immoderately it is said in one of the Pahlavi texts that infamy
-comes to his body and wickedness to his soul.[194] According to
-Ecclesiasticus, "drunkenness increaseth the rage of a fool till
-he offend: it diminisheth strength and maketh wounds."[195] We
-read in the Talmud, "Drink not, and you will not sin."[196]
-Muhammed said that in wine there is both sin and profit, but that
-the sin is greater than the profit.[197] Buddhism stigmatises
-drinking as the worst of crimes because it leads to all other
-sins; from the continued use of intoxicating drink six evil
-consequences are said to follow--namely, the loss of wealth; the
-arising of disputes that lead to blows and battles; the
-production of various diseases, as soreness of the eyes and
-others; the bringing of disgrace, from the rebuke of parents and
-superiors; the exposure to shame, from going hither and thither
-unclothed; the loss of the judgment required for the carrying on
-of the affairs of the world.[198] That drunkenness, in spite of
-the evils resulting from it, nevertheless so frequently escapes
-censure, is due partly to the pleasures connected with it, partly
-to lack of foresight,[199] and in a large measure to the
-influence of intemperate habits. Why such habits should have
-grown up in one country and not in another we are often unable to
-tell. The climate has no doubt something to do with it, although
-it is impossible to agree with the statement made by Montesquieu
-that the prevalence of intoxication in different parts of the
-earth is proportionate to the coldness and humidity of the
-air.[200] A gloomy temperament and a cheerless life are apt to
-induce people to resort to the artificial pleasures produced by
-drink. The dreariness of the Puritan Sunday has much to answer
-for; the evidence given by a spirit merchant before the
-Commission on the Forbes Mackenzie Act was "that there is a great
-{344} demand for drink on Sunday," and that "this demand _must_
-be supplied."[201] _Ennui_ was probably a cause of the prevailing
-inebriety in Europe in former days, when there was difficulty in
-passing the time not occupied in fighting or hunting;[202] and
-the monotony of life in the lower ranks of an industrial
-community still tends to produce a similar effect. Other causes
-of drunkenness are miserable homes and wretched cooking. Mr.
-Lecky is of opinion that if the wives of the poor in Great
-Britain and Ireland could cook as they can cook in France and in
-Holland, a much smaller proportion of the husbands would seek a
-refuge in the public-house.[203]
-
-[Footnote 191: Casalis, _Basutos_, p. 307.]
-
-[Footnote 192: Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur.
-Ethn._ iii. 370.]
-
-[Footnote 193: Sahagun, _Historia general de las cosas de Nueva
-España_, ii. 94 _sqq._]
-
-[Footnote 194: _Dînâ-î Maînôg-î Khirad_, xvi. 63.]
-
-[Footnote 195: _Ecclesiasticus_, xxxi. 30.]
-
-[Footnote 196: Deutsch, _Literary Remains_, p. 58.]
-
-[Footnote 197: _Koran_, ii. 216.]
-
-[Footnote 198: Hardy, _op. cit._ p. 491 _sq._]
-
-[Footnote 199: _Cf._ _supra_, i. 281, 309 _sq._]
-
-[Footnote 200: Montesquieu, _De l'esprit des lois_, xiv. 10
-(_[OE]uvres_, p. 303 _sq._).]
-
-[Footnote 201: Hessey, _Sunday_, p. 378.]
-
-[Footnote 202: _Cf._ Spencer, _Principles of Ethics_, i. 445.]
-
-[Footnote 203: Lecky, _Democracy and Liberty_, ii. 138.]
-
-The evil consequences of intoxication have led not only to the
-condemnation of an immoderate use of alcoholic drink, but also to
-the demand for total abstinence, in consideration of the
-difficulty many people have in avoiding excess. But this hardly
-accounts in full for the religious prohibition of drink which we
-meet with in the East. Wine or spirituous liquor inspires
-mysterious fear. The abnormal mental state which it produces
-suggests the idea that there is something supernatural in it,
-that it contains a spirit, or is perhaps itself a spirit.[204]
-Moreover, the juice of the grape is conceived as the blood of the
-vine[205]--in Ecclesiasticus the wine which was poured out at the
-foot of the altar is even called "the blood of the grape";[206]
-and in the blood is the soul. The law of Brahmanism not only
-prohibits the drinking of wine, but also commands that "one
-should carefully avoid red exudations from trees and juices
-flowing from incisions."[207] That spirituous liquor is believed
-to contain baneful mysterious energy is obvious from the
-statement that if the Brahman (the Veda) which dwells in the body
-of a Brâhmana is even once deluged with it, his Brahmanhood
-forsakes him, and he becomes a Sûdra;[208] holy persons are, of
-{345} course, most easily affected by the mysterious drink, owing
-to the delicate nature of holiness. Muhammedans likewise regard
-wine as "unclean" and polluting;[209] some of them dread it so
-much that if a single drop were to fall upon a clean garment it
-would be rendered unfit to wear until washed.[210] In Morocco it
-is said that by drinking alcohol a Muhammedan loses the _baraka_,
-or holiness, of "the faith" and a scribe the memory of the Koran,
-and that if a person who drinks alcohol has a charm on him, its
-_baraka_ is spoiled. The fact that wine was forbidden by the
-Prophet might perhaps by itself be a sufficient reason for the
-notion that it is unclean. But already in pre-Muhammedan times it
-seems to have been scrupulously avoided by some of the
-Arabs,[211] though among others it was much in use and was highly
-praised by their poets.[212]
-
-[Footnote 204:  See _supra_, i. 278, 281; _infra_, on the Belief
-in Supernatural Beings; Frazer, _Golden Bough_, i. 359.]
-
-[Footnote 205: Frazer, _op. cit._ i. 358 _sq._]
-
-[Footnote 206: _Ecclesiasticus_, l. 15.]
-
-[Footnote 207: _Laws of Manu_, v. 6.]
-
-[Footnote 208: _Ibid._ xi. 98.]
-
-[Footnote 209: Lane, _Modern Egyptians_, p. 299.]
-
-[Footnote 210: Winterbottom, _Native Africans in the
-Neighbourhood of Sierra Leone_, i. 72.]
-
-[Footnote 211: Diodorus Siculus, _Bibliotheca historica_, xix.
-94. 3. Zöckler, _Askese und Mönchtum_, i. 93.]
-
-[Footnote 212: Goldziher, _Muhammedanische Studien_, i. 21 _sqq._]
-
-As for the Muhammedan prohibition of wine, the suggestion has
-been made by Palgrave that it mainly arose from the Prophet's
-antipathy to Christianity and his desire to broaden the line of
-demarcation between his followers and those of Christ. Wine was
-raised by the founder of Christianity to a dignity of the highest
-religious import. It became well-nigh typical of Christianity and
-in a manner its badge. To declare it "unclean," an "abomination,"
-and "the work of the devil," was to set up for the Faithful a
-counter-badge.[213] This view derives much probability from the
-fact that there are several unequivocal indications of the same
-bent of policy in Muhammed's system, showing a distinct tendency
-to oppose Islam to other religions. But at the same time both a
-desire to prevent intoxication and the notion that wine is
-polluting may very well have been co-operating motives for the
-prohibition.
-
-[Footnote 213: Palgrave, _Journey through Central and Eastern
-Arabia_, i. 428 _sqq._]
-
-
-
-
-CHAPTER XXXIX
-
-CLEANLINESS AND UNCLEANLINESS--ASCETICISM IN GENERAL
-
-
-IT seems that man, like many other animals, is naturally endowed
-with a certain tendency to cleanliness or aversion to filth. Of
-Caspar Hauser--the boy who had been kept in a dungeon separated
-from all communication with the world from early childhood to
-about the age of seventeen--Feuerbach tells us that
-"uncleanliness, or whatever he considered as such, whether in his
-own person or in others, was an abomination to him."[1] And the
-savage boy of Aveyron, though filthy at first, soon became so
-scrupulously clean in his habits that "he constantly threw away,
-in a pet, the contents of his plate, if any particle of dirt or
-dust had fallen upon it; and, after he had broken his walnuts
-under his feet, he took pains to clean them in the nicest and
-most delicate manner."[2]
-
-[Footnote 1: Feuerbach, _Caspar Hauser_, p. 62.]
-
-[Footnote 2: Itard, _Account of the Discovery and Education of a
-Savage Man_, p. 58.]
-
-Many savages are praised for their cleanliness.[3] The Veddahs of
-Ceylon wash their bodies every few days, as opportunity
-occurs.[4] Among the South Sea Islanders {347} bathing is a very
-common practice; the Tahitians bathe in fresh water once or twice
-a day,[5] and the natives of Ni-afu, in the Tonga Islands, are
-said to spend half their life in the water.[6] So, also, many
-Indian tribes both in North, Central, and South America are very
-fond of bathing.[7] The Omahas generally bathe every day in warm
-weather, early in the morning and at night, and some of them also
-at noon.[8] Among the Guiana Indians it is a custom for men and
-women to troop down together to the nearest water early in the
-morning and many times during the day.[9] The Tehuelches of
-Patagonia not only make morning ablutions and, when encamped near
-a river, enjoy bathing for hours, but are also scrupulously
-careful as to the cleanliness of their houses and utensils, and
-will, if they can obtain soap, wash up everything they may be
-possessed of.[10] The Moquis and Pueblos of New Mexico are
-remarkable both for their personal cleanliness and the neatness
-of their dwellings.[11] Cleanliness is a common characteristic of
-many natives of Africa.[12] The Negroes of the Gold Coast wash
-their whole persons once, if not oftener, during the day.[13] The
-Megé, a people subject to the Monbuttu, wash two or three times a
-day, and when engaged in work constantly adjourn to a
-neighbouring stream to cleanse themselves.[14] The
-Marutse-Mabundas, rather than lose their bath, are always ready
-{348} to run the risk of being snapped up by crocodiles, and they
-are in the habit of keeping their materials in well-washed wooden
-or earthenware bowls or in suitable baskets or calabashes.[15]
-The cleanliness of the Dinka in every thing that concerns the
-preparation of food is said to be absolutely exemplary.[16] Among
-the Bari tribes the dwellings "are the perfection of
-cleanliness."[17] So also the Bachapins, a Bechuana tribe, are
-remarkable for the cleanliness of their dwellings, showing the
-greatest carefulness to remove all rubbish and everything
-unsightly; but at the same time they are lacking in personal
-cleanliness.[18]
-
-[Footnote 3: Colquhoun, _Amongst the Shans_, p. 298 _sq._ Man,
-_Sonthalia and the Sonthals_, p. 84. Foreman, _Philippine
-Islands_, p. 189 (domesticated natives). Boyle, _Dyaks of
-Borneo_, p. 242. Erskine, _Cruise among the Islands of the
-Western Pacific_, pp. 110 (Samoans; _cf._ Turner, _Nineteen Years
-in Polynesia_, p. 205), 262, 264 (Fijians). Percy Smith,
-'Futuna,' in _Jour. Polynesian Soc._ i. 35. Markham, _Cruise of
-the "Rosario,"_ p. 136 (Polynesians).]
-
-[Footnote 4: Nevill, 'Vaeddas of Ceylon,' in _Taprobanian_,
-i. 187.]
-
-[Footnote 5: Ellis, _Polynesian Researches_ (ed. 1829),
-ii. 113 _sq._]
-
-[Footnote 6: Romilly, _Western Pacific_, p. 145.]
-
-[Footnote 7: Bancroft, _Native Races of the Pacific States_, i.
-83, 696, 722, 760. Domenech, _Seven Years Residence in the Great
-Deserts of North America_, ii. 337. von Humboldt, _Personal
-Narrative of Travels to the Equinoctial Regions of the New
-Continent_, iii. 237 (Chaymas). von Martius, _Beiträge zur
-Ethnographie Amerika's_, i. 600 (Uaupés), 643 (Macusís). Molina,
-_History of Chili_, ii. 118; Smith, _Araucanians_, p. 184.
-Dobrizhoffer, _Account of the Abipones_, ii. 53.]
-
-[Footnote 8: Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur. Ethn._
-iii. 269.]
-
-[Footnote 9: Im Thurn, _Among the Indians of Guiana_, p. 191.]
-
-[Footnote 10: Musters, _At Home with the Patagonians_, p. 173.]
-
-[Footnote 11: Bancroft, _op. cit._ i. 540. See also _ibid._
-i. 267 (some Inland Columbians).]
-
-[Footnote 12: Waitz, _Anthropologie der Naturvölker_, ii. 86
-(Negroes of Accra, Krus), 464 (Western Fulahs). Torday and Joyce,
-'Ethnography of the Ba-Huana,' in _Jour. Anthr. Inst._ xxxvi.
-292. Rowley, _Africa Unveiled_, p. 153. Ashe, _Two Kings of
-Uganda_, p. 305; Wilson and Felkin, _Uganda_, i. 184. Casati,
-_Ten Years in Equatoria_, i. 122 (Monbuttu). Holub, _Seven Years
-in South Africa_, ii. 208 (Manansas).]
-
-[Footnote 13: Cruickshank, _Eighteen Years on the Gold Coast_,
-ii. 283 _sq._]
-
-[Footnote 14: Burrows, _Land of the Pigmies_, p. 119.]
-
-[Footnote 15: Holub, _op. cit._ ii. 309.]
-
-[Footnote 16: Casati, _op. cit._ i. 44.]
-
-[Footnote 17: Baker, _Albert N'yanza_, i. 89.]
-
-[Footnote 18: Burchell, _Travels in the Interior of Southern
-Africa_, ii. 521, 553.]
-
-We commonly find that savages who are clean in certain respects
-are dirty in others. The Wanyoro bathe frequently and always wash
-their hands before and after eating, but their dwellings are very
-filthy and swarm with vermin.[19] The Nagas of India[20] and the
-natives of the interior of Sumatra,[21] though cleanly in their
-persons, are very dirty in their apparel. The Mayas of Central
-America make frequent use of cold water, but neither in their
-persons nor in their dwellings do they present an appearance of
-cleanliness.[22] So also the Californian Indians, whilst
-exceedingly fond of bathing, are unclean about their lodges and
-clothing.[23] The Aleuts, though they wash daily, allow dirt to
-be piled up close to their dwellings, prepare their food very
-carelessly, and never wash their household utensils.[24] The New
-Zealander, again, whilst not over-clean in his person, is very
-particular respecting his food and also keeps his dwelling in as
-much order as possible.[25] On the other hand there are very many
-uncivilised peoples who are described as generally filthy in
-their habits--for instance, the Fuegians,[26] many {349} Indian
-tribes in the Pacific States,[27] several Eskimo tribes,[28]
-various Siberian peoples,[29] the Ainu of Japan,[30] most hill
-tribes in India,[31] many Australian tribes,[32] the
-Bushmans,[33] and, generally, the dwarf races of Africa.[34] But
-although these peoples never or hardly ever wash their bodies, or
-do not change their dress until it is worn to pieces, or eat out
-of the same vessels as their dogs without cleaning them, or feed
-on disgusting substances, or regard vermin as a delicacy--we may
-assume that their toleration of filth is not absolutely boundless.
-
-[Footnote 19: Wilson and Felkin, _op. cit._ ii. 46. Baker,
-_Albert N'yanza_, ii. 58.]
-
-[Footnote 20: Stewart, 'Northern Cachar,' in _Jour. Asiatic Soc.
-Bengal_, xxiv. 616.]
-
-[Footnote 21: Marsden, _History of Sumatra_, p. 209**.]
-
-[Footnote 22: Bancroft, _op. cit._ i. 654.]
-
-[Footnote 23: Powers, _Tribes of California_, p. 403. Bancroft,
-_op. cit._ i. 377, 407.]
-
-[Footnote 24: Veniaminof, quoted by Dall, _Alaska_, p. 398. See
-also Bancroft, _op. cit._ i. 267 (Flatheads).]
-
-[Footnote 25: Dieffenbach, _Travels in New Zealand_, ii. 58.]
-
-[Footnote 26: Snow, _Two Years' Cruise off Tierra del Fuego_,
-i. 345.]
-
-[Footnote 27: Bancroft, _op. cit._ i. 83, 102, 184, 231, 492, 626.]
-
-[Footnote 28: _Ibid._ i. 51. Seemann, _Voyage of "Herald,"_ ii.
-61 _sq._ (Western Eskimo). Kane, _Arctic Explorations_, ii. 116
-(Eskimo of Etah). Cranz, _History of Greenland_, i. 155.]
-
-[Footnote 29: Sarytschew, 'Voyage of Discovery to the North-East
-of Siberia,' in _Collection of Modern and Contemporary Voyages_,
-v. 67 (Kamchadales). Krasheninnikoff, _History of Kamschatka_,
-pp. 176 (Kamchadales), 226 (Koriaks). Sauer, _Expedition to the
-Northern Parts of Russia performed by Billings_, p. 125 (Jakuts).
-Georgi, _Russia_, ii. 398 (Jakuts); iii. 59 (Kotoftzes), 112
-(Tunguses); iv. 37 (Kalmucks), 134 (Burats). Liadov, in _Jour.
-Anthr. Inst._ i. 401; Bergmann, _Nomadische Streifereien unter
-den Kalmüken_, ii. 102, 123 _sq._; Pallas, quoted in Spencer's
-_Descriptive Sociology_, 'Asiatic Races,' p. 29 (Kalmucks).]
-
-[Footnote 30: Batchelor, _Ainu of Japan_, p. 24 _sqq._ Mac
-Ritchie, _Ainos_, p. 12 _sq._]
-
-[Footnote 31: Spencer, _Descriptive Sociology_, 'Asiatic Races,'
-p. 29. Grange, 'Expedition into the Naga Hills,' in _Jour.
-Asiatic Soc. Bengal_, ix. 962. Stewart, _ibid._ xxiv. 637
-(Kukis). Mason, 'Physical Character of the Karens,' _ibid._ xxxv.
-pt. ii. 25. Butler, _Travels in Assam_, p. 98. Anderson,
-_Mandalay to Momien_, p. 131 (Kakhyens). Moorcroft and Trebeck,
-_Travels in the Himalayan Provinces_, i. 321 (Ladakhis).]
-
-[Footnote 32: Breton, _Excursions in New South Wales_, p. 197.
-Barrington, _History of New South Wales_, p. 19 (natives of
-Botany Bay). Angas, _Savage Life in Australia_, i. 80 (South
-Australian aborigines). Chauncy, in Brough Smyth, _Aborigines of
-Victoria_, ii. 284 (West Australian aborigines).]
-
-[Footnote 33: Moffat, _Missionary Labours in Southern Africa_,
-p. 15. Barrow, _Travels into the Interior of Southern Africa_,
-i. 288.]
-
-[Footnote 34: Stuhlmann, _Mit Emin Pascha ins Herz von Afrika_,
-p. 451. For other instances of uncleanliness in savages see
-Crawfurd, _History of the Indian Archipelago_, i. 39; St. John,
-_Life in the Forests of the Far East_, i. 147 (some of the Land
-Dyaks); Andersson, _Lake Ngami_, pp. 50 (Herero), 470 (Bechuanas).]
-
-The prevalence of cleanly or dirty habits among a certain people
-may depend on a variety of circumstances: the occupations of
-life, sufficiency or want of water, climatic conditions, industry
-or laziness, wealth or poverty, religious or superstitious
-beliefs. Castrén observes that filthiness is a characteristic of
-fishing peoples; among the Ostyaks only those who live by fishing
-are conspicuous for their uncleanliness, whereas the nomads and
-owners of {350} reindeer are not.[35] It has been observed that
-the inland negro is clean when he dwells in the neighbourhood of
-rivers.[36] In West Australia those tribes only which live by
-large rivers or near the sea are said to have an idea of
-cleanliness.[37] Concerning the filthy habits of the Kukis and
-other hill peoples in India, Major Butler remarks that they may
-probably be accounted for by the scarcity of water in the
-neighbourhood of the villages, as also by the coldness of the
-climate.[38] Dr. Kane believes that the indifference of many
-Eskimo to dirt or filth is largely due to the extreme cold, which
-by rapid freezing resists putrefaction and thus prevents the
-household, with its numerous dogs, from being intolerable.[39]
-Their well-known habit of washing themselves with freshly passed
-urine arises partly from scarcity of water and the difficulty of
-heating it, but partly also from the fact that the ammonia of the
-urine is an excellent substitute for soap in removing the grease
-with which the skin necessarily becomes soiled.[40] A cold
-climate, moreover, leads to uncleanliness because it makes
-garments necessary;[41] and among some savages the practice of
-greasing their bodies to protect the skin from the effects of a
-parching air produces a similar result.[42] Lord Kames maintains
-that the greatest promoter of cleanliness is industry, whereas
-its greatest antagonist is indolence. In Holland, he observes,
-the people were cleaner than all their neighbours because they
-were more industrious, at a time when in England industry was as
-great a stranger as cleanliness.[43] Kolben says that the general
-laziness of the Hottentots accounts for the fact that "they are
-in the matter of diet {351} the filthiest people in the
-world."[44] Of the Siberian Burats Georgi writes that "from their
-laziness they are as dirty as swine";[45] and the Kamchadales are
-described as a "dirty, lazy race."[46] Poverty, also, is for
-obvious reasons a cause of uncleanliness;[47] "a starving vulture
-neglects to polish his feathers, and a famished dog has a ragged
-coat."[48] Very commonly cleanliness is a class distinction.[49]
-Thus among the Point Barrow Eskimo the poorer people are often
-careless about their clothes and persons, whereas most of the
-wealthier individuals appear to take pride in being well clad,
-and, except when actually engaged in some dirty work, always have
-their faces and hands scrupulously clean and their hair neatly
-combed.[50] Dr. Schweinfurth maintains that domestic cleanliness
-and care in the preparation of food are everywhere signs of a
-higher grade of external culture and answer to a certain degree
-of intellectual superiority.[51] But already Lord Kames pointed
-out the fact indicated above, that "cleanness is remarkable in
-several nations which have made little progress in the arts of
-life."[52]
-
-[Footnote 35: Castrén, _Nordiska resor och forskningar_,
-i. 319 _sq._]
-
-[Footnote 36: Bastian, _Der Mensch in der Geschichte_, iii. 75.
-Mr. Torday, who speaks from extensive experience, tells me the same.]
-
-[Footnote 37: Chauncy, quoted by Brough Smyth, _op. cit._ ii. 284.]
-
-[Footnote 38: Butler, _Travels in Assam_, p. 98 _sq._ _Cf._
-Stewart, in _Jour. Asiatic Soc. Bengal_, xxiv. 616.]
-
-[Footnote 39: Kane, _Arctic Explorations_, ii. 116.]
-
-[Footnote 40: Murdoch, 'Ethnol. Results of the Point Barrow
-Expedition,' in _Ann. Rep. Bur. Ethn._ ix. 421. Dall, _op. cit._
-p. 20.]
-
-[Footnote 41: _Cf._ von Humboldt, _op. cit._ iii. 237.]
-
-[Footnote 42: Burchell, _op. cit._ ii. 553 (Bachapins of Litakun).]
-
-[Footnote 43: Kames, _Sketches of the History of Man_, i. 323,
-327 _sqq._]
-
-[Footnote 44: Kolben, _Present State of the Cape of Good Hope_,
-i. 47.]
-
-[Footnote 45: Georgi, _op. cit._ iv. 134.]
-
-[Footnote 46: _Ibid._ iii. 152. See also Sarytschew, in
-_Collection of Modern and Contemporary Voyages_, v. 67.]
-
-[Footnote 47: See Marshall, _A Phrenologist amongst the Todas_,
-p. 50; Veniaminof, quoted by Dall, _op. cit._ p. 398 (Aleuts).]
-
-[Footnote 48: St. John, _Village Life in Egypt_, i. 187.]
-
-[Footnote 49: Tickell, 'Memoir on the Hodésum,' in _Jour. Asiatic
-Soc. Bengal_, ix. 808 (Hos). Rowlatt, 'Expedition into the
-Mishmee Hills,' _ibid._ xiv. 489. Williams and Calvert, _Fiji_,
-p. 117. Waitz, _op. cit._ ii. 86 (Ashantees). Arnot,
-_Garenganze_, p. 76 (Barotse). Lane, _Modern Egyptians_, p. 299.]
-
-[Footnote 50: Murdoch, in _Ann. Rep. Bur. Ethn._ ix. 421.]
-
-[Footnote 51: Schweinfurth, _Heart of Africa_, i. 156.]
-
-[Footnote 52: Kames, _op. cit._ i. 321.]
-
-The factors which determine the cleanliness of a people also
-naturally influence the moral valuation of it. Aversion to dirt
-not only leads to cleanly habits, but makes a filthy person an
-object of disgust and disapprobation; indeed, this aversion is
-generally stronger with reference to other individuals than with
-reference to one's own person. But where for some reason or other
-dirtiness becomes habitual, it at the same time ceases to be
-disgusting; and it is often astonishing how soon {352} people get
-used to filthy surroundings. Thus, when cleanliness is insisted
-upon it is so in the first instance because dirt is directly
-disagreeable to other persons, and when uncleanness is tolerated
-it is so because it gives no offence to the senses of the public.
-But at the higher stages of civilisation, at least, cleanliness
-is besides inculcated on hygienic grounds.
-
-In many cases cleanliness, either temporary or habitual, is also
-practised and enjoined from religious or superstitious motives. A
-Lappish _noaide_, or wizard, had to wash all his body before he
-offered a sacrifice.[53] The Siberian shamans have compulsory
-water purifications once a year, sometimes every month, as also
-on special occasions when they feel themselves defiled by contact
-with unclean things.[54] The Shinto priests in Japan bathed and
-put on clean garments before making the sacred offerings or
-chanting the liturgies.[55] Herodotus speaks of the cleanliness
-observed by the Egyptian priests when engaged in the service of
-the gods.[56] As a preliminary to an act of worship the ancient
-Greeks washed their hands or bathed and put on clean clothes.[57]
-One of the legal maxims of the Romans required that men should
-approach the deity in a state of purity.[58] According to
-Zoroastrianism it is the great business of life to avoid
-impurity, and, when it is involuntarily contracted, to remove it
-in the correct manner as quickly as possible; and by impurity is
-then understood not an inward state of the soul, but mainly a
-physical state of the body, everything going out of the human
-body being considered polluting.[59] For a Brahmin bathing is the
-chief part of the minute ceremonial of daily worship, whilst
-further washings and aspersions enter into more solemn religious
-acts;[60] and not only Brahmins but most Hindus regard {353} it
-as a religious duty to bathe daily if this is at all
-convenient.[61] Lamaism enjoins personal ablution as a sacerdotal
-rite preparatory to worship, though the ceremony seldom extends
-to more than dipping the tips of the fingers in water.[62] Jewish
-Rabbis are compelled to wash their hands before they begin to
-pray.[63] Tertullian mentions that a similar ablution was
-practised by the Christians before prayer.[64] According to
-Islam, the clothes and person of the worshipper should be clean,
-and so also the ground, mat, carpet, or whatever else it be, upon
-which he prays; and every act of worship must be preceded by an
-ablution, though, where water cannot be got, sand may be used as
-a substitute.[65] But a polluting influence is not ascribed to
-everything which we regard as dirt. For instance, Muhammedans
-consider the excrements of men and dogs defiling, but not the
-dung of cows and sheep; cow-dung is even used as a means of
-purification.
-
-[Footnote 53: Friis, _Lappisk Mythologie_, p. 145 _sq._ von
-Düben, _Lappland_, p. 256.]
-
-[Footnote 54: _Jour. Anthr. Inst._ xxiv. 88.]
-
-[Footnote 55: Griffis, _Religions of Japan_, p. 85.]
-
-[Footnote 56: Herodotus, ii. 37. _Cf._ Wiedemann, _Herodots
-zweites Buch_, p. 154.]
-
-[Footnote 57: _Iliad_, i. 449; iii. 270; vi. 266; ix. 171, 174;
-xvi. 229 _sq._; xxiii. 41; xxiv. 302 _sqq._ _Odyssey_, ii. 261;
-iv. 750; xvii. 58. Keller, _Homeric Society_, p. 141. Stengel,
-_Die griechischen Kultusaltertümer_, p. 106.]
-
-[Footnote 58: Cicero, _De legibus_, ii. 10.]
-
-[Footnote 59: Darmesteter, in _Sacred Books of the East_, iv.
-p. lxxii. _sqq._]
-
-[Footnote 60: Ward, _View of the History, &c. of the Hindoos_,
-ii. 61 _sq._ Colebrooke, _Miscellaneous Essays_, ii. 142 _sqq._
-Dubois, _People of India_, p. 113 _sq._]
-
-[Footnote 61: Wilkins, _Modern Hinduism_, p. 201.]
-
-[Footnote 62: Waddell, _Buddhism of Tibet_, p. 423.]
-
-[Footnote 63: Chwolsohn, _Die Ssabier_, ii. 71.]
-
-[Footnote 64: Tertullian, _De Oratione_, 13 (Migne, _Patrologiæ
-cursus_, ii. 1167 _sq._).]
-
-[Footnote 65: Sell, _Faith of Islam_, p. 252 _sqq._ Lane, _Modern
-Egyptians_, i. 84 _sqq._]
-
-These practices and rules spring from the idea that the contact
-of a polluting substance with anything holy is followed by
-injurious consequences--an idea which will be more fully
-discussed in connection with sexual abstinences. Such contact is
-supposed to deprive a deity or holy being of its holiness, or
-otherwise be detrimental to it, and therefore to excite its anger
-against him who causes the defilement. So also a sacred act is
-believed to lose its sacredness by being performed by an unclean
-individual. Moreover, as a polluting substance is itself held to
-contain mysterious energy of a baneful kind, it is looked upon as
-a direct danger even to persons who are not engaged in religious
-worship. We have previously noticed the rites of purification
-which a manslayer has to undergo in order to get rid of the
-blood-pollution.[66] We have also seen that ablutions and other
-purificatory ceremonies {354} are performed for the purpose of
-removing sins and misfortunes.[67] And bathing or sprinkling with
-water is a common method of clearing mourners or persons who have
-come in contact with a corpse from the contagion of death.[68]
-
-[Footnote 66: _Supra_, i. 375 _sqq._]
-
-[Footnote 67: _Supra_, i. 54 _sqq._]
-
-[Footnote 68: Teit, 'Thompson Indians of British Columbia,' in
-_Memoirs of the American Museum of Natural History_,
-'Anthropology,' i. 331. Cruickshank, _op. cit._ ii. 218 (Negroes
-of the Gold Coast). Ellis, _E[(w]e-speaking Peoples of the Slave
-Coast_, p. 160. Turner, _Samoa_, p. 145; _Idem_, _Nineteen Years
-in Polynesia_, p. 228 (Samoans). Ellis, _Polynesian Researches_,
-i. 403 (Society Islanders). Kloss, _In the Andamans and
-Nicobars_, p. 305 (Kar Nicobarese). Joinville, 'Religion and
-Manners of the People of Ceylon,' in _Asiatick Researches_, vii.
-437 (Sinhalese). Iyer, 'Nay[=a]dis of Malabar,' in the Madras
-Government Museum's _Bulletin_, iv. 71; Thurston, _ibid._ iv. 76
-_sq._ (Nay[=a]dis). Crooke, _Tribes and Castes of the
-North-Western Provinces and Oudh_, i. 83 (Arakh, a tribe in
-Oudh). Ward, _View of the History, &c. of the Hindoos_, ii. 147,
-iii. 275; Dubois, _Manners and Customs of the People of India_,
-p. 108 _sq._; Bose, _Hindoos as they are_, p. 257. Caland, _Die
-Altindischen Todten- und Bestattungsgebräuche_, p. 79 _sq._]
-
-But whilst religious or superstitious beliefs have thus led to
-ablutions and cleanliness, they have in other instances had the
-very opposite effect. Among Arabs young children are often left
-dirty and ill-dressed purposely, to preserve them from the evil
-eye.[69] The Obbo natives in Central Africa declare that if they
-do not wash their hands with cow's urine before milking, the cow
-will lose her milk; and with the same fluid they wash the
-milk-bowl, and even mix some of it with the milk.[70] The Jakuts
-"never wash any of their eating or drinking utensils; but, as
-soon as a dish is emptied, they clean it with the fore and middle
-finger; for they think it a great sin to wash away any part of
-their food, and apprehend that the consequence will be a
-scarcity."[71] A similar custom prevails among the Kirghiz[72]
-and Kalmucks. The latter "are forbidden by the laws of their
-faith" to wash their vessels in river-water, and therefore "do no
-more than wipe them with a piece of an old sheep-skin shube,
-which they use also for cleaning their hands upon when
-dirty."[73] They, moreover, abstain from washing their {355}
-clothes; and so did the Huns and Mongols.[74] The ancient Turks
-never washed themselves, because they believed that their gods
-punished ablutions with thunder and lightning; and the same
-belief still prevails among kindred peoples in Central Asia.[75]
-Among the Bahima of Enkole, in the Uganda Protectorate, a man may
-smear his body with butter or clay as often as he wishes, but "to
-wash with water is bad for him, and is a sure way of bringing
-sickness into his family and amongst his cattle."[76] The dread
-of water may be due partly to ill effects experienced after using
-it, partly to superstition. The Moors dare not wash their bodies
-with cold water in the afternoon and evening after the
-_[(]â[s.]ar_, because all such water is then supposed to be
-haunted by _jnûn_, or evil spirits. In various religions the
-odour of sanctity is associated with filth. Muhammedan dervishes
-are recognised by their appearance of untidiness and uncleanness.
-Among the rules laid down for Buddhist monks there is one which
-prescribes that their dress shall be made of rags taken from a
-dust or refuse heap.[77] In the early days of Christian
-monasticism "the cleanliness of the body was regarded as a
-pollution of the soul." The saints who were most admired were
-those who had become one hideous mass of clotted filth. St.
-Athanasius relates with enthusiasm how St. Antony, the patriarch
-of monachism, had never, to extreme old age, been guilty of
-washing his feet. A famous virgin, though bodily sickness was a
-consequence of her habits, resolutely refused, on religious
-principles, to wash any part of her body except her fingers. And
-St. Simeon Stylites, who was generally pronounced to be the
-highest model of a Christian saint, bound a rope round himself so
-that it became imbedded in his flesh and caused putrefaction; and
-it is said that "a horrible stench, intolerable {356} to the
-bystanders, exhaled from his body, and worms dropped from him
-whenever he moved, and they filled his bed."[78] In mediæval
-Christianity abstinence from every species of cleanliness was
-also enjoined as a penance, the penitent being required to go
-with foul mouth, filthy hands and neck, undressed hair and beard,
-unpared nails, and clothes as dirty as his person. In these cases
-uncleanliness is a form of asceticism, a subject which we have
-already touched upon in dealing with industry and fasting, but
-the principles of which still call for our consideration.
-
-[Footnote 69: Blunt, _Bedouin Tribes of the Euphrates_, ii. 214.
-Klunzinger, _Upper Egypt_, p. 391.]
-
-[Footnote 70: Baker, _Albert N'yanza_, i. 381.]
-
-[Footnote 71: Sauer, _op. cit._ p. 125.]
-
-[Footnote 72: Valikhanof, &c., _Russians in Central Asia_, p. 80.]
-
-[Footnote 73: Georgi, _op. cit._ iv. 37. Bergmann, _op. cit._
-ii. 123.]
-
-[Footnote 74: Neumann, _Die Völker des südlichen Russlands_, p.
-27. For the excessive dirtiness of the present Mongols, see
-Prejevalsky, _Mongolia_, i. 51 _sq._]
-
-[Footnote 75: Castrén, _op. cit._ iv. 61.]
-
-[Footnote 76: Roscoe, 'Bahima,' in _Jour. Anthr. Inst._
-xxxvii. 111.]
-
-[Footnote 77: Kern, _Manual of Indian Buddhism_, p. 75.]
-
-[Footnote 78: Lecky, _History of European Morals_, ii. 109
-_sqq._]
-
-       *       *       *       *       *
-
-In various religions we meet with the idea that a person appeases
-or gives pleasure to the deity by subjecting himself to suffering
-or deprivation. This belief finds expression in all sorts of
-ascetic practices. We read of Christian ascetics who lived in
-deserted dens of wild beasts, or in dried-up wells, or in tombs;
-who disdained all clothes, and crawled abroad like animals
-covered only by their matted hair; who ate nothing but corn which
-had become rotten by remaining for a month in water; who spent
-forty days and nights in the middle of thorn-bushes, and for
-forty years never lay down.[79] Hindu ascetics remain in
-immovable attitudes with their faces or their arms raised to
-heaven, until the sinews shrink and the posture assumed stiffens
-into rigidity; or they expose themselves to the inclemency of the
-weather in a state of absolute nudity, or tear their bodies with
-knives, or feed on carrion and excrement.[80] Among the
-Muhammedans of India there are fakirs who have been seen dragging
-heavy chains or cannon balls, or crawling upon their hands and
-knees for years; others have been found lying upon iron spikes
-for a bed; and others, again, have been swinging for months
-before a slow fire with a {357} tropical sun blazing
-overhead.[81] Among modern Jews some of the more sanctimonious
-members of the synagogue have been known to undergo the penance
-of voluntary flagellation before the commencement of the fast of
-atonement, two persons successively inflicting upon each other
-thirty-nine stripes or thirteen lashes with a triple scourge.[82]
-According to the Zoroastrian Yasts, thirty strokes with the
-Sraoshô-karana is an expiation which purges people from their
-sins, and makes them fit for offering a sacrifice.[83] Herodotus
-tells us that the ancient Egyptians beat themselves while the
-things offered by them as sacrifices were being burned, and that
-the Carian dwellers in Egypt on such occasions cut their faces
-with knives.[84] Among the ancient Mexicans blood-drawing was a
-favourite and most common mode of expiating sin and showing
-devotion. "It makes one shudder," says Clavigero, "to read the
-austerities which they exercised upon themselves, either in
-atonement of their transgressions or in preparation for their
-festivals. They mangled their flesh as if it had been insensible,
-and let their blood run in such profusion, that it appeared to be
-a superfluous fluid of the body."[85] Self-mortification also
-formed part of the religious cult in many uncivilised tribes in
-North America.[86] "The Indian," Colonel Dodge observes,
-"believes, with many Christians, that self-torture is an act most
-acceptable to God, and the extent of pleasure that he can give
-his god is exactly measured by the amount of suffering that he
-can bear without flinching."[87]
-
-[Footnote 79: _Ibid._ ii. 108 _sq._]
-
-[Footnote 80: Barth, _Religions of India_, p. 214 _sq._ Hopkins,
-_Religions of India_, p. 352. Monier-Williams, _Br[=a]hmanism and
-Hind[=u]ism_, p. 395.]
-
-[Footnote 81: Pool, _Studies in Mohammedanism_, p. 305. For
-similar practices among the modern Egyptians, see Lane, _Modern
-Egyptians_, p. 244.]
-
-[Footnote 82: Allen, _Modern Judaism_, p. 407.]
-
-[Footnote 83: _Yasts_, x. 122. Darmesteter, in _Sacred Books of
-the East_, xxiii. 151, n. 3.]
-
-[Footnote 84: Herodotus, ii. 40, 61.]
-
-[Footnote 85: Clavigero, _History of Mexico_, i. 284. See also
-Bancroft, _op. cit._ iii. 441 _sq._; Réville, _Hibbert Lectures
-on the Native Religions of Mexico and Peru_, p. 100.]
-
-[Footnote 86: Domenech, _Seven Years Residence in the Great
-Deserts of North America_, ii. 380. Catlin, _North American
-Indians_, ii. 243. James, _Expedition to the Rocky Mountains_, i.
-276 _sqq._ (Omahas). McGee, 'Siouan Indians,' in _Ann. Rep. Bur.
-Ethn._ xv. 184.]
-
-[Footnote 87: Dodge, _Our Wild Indians_, p. 149.]
-
-The idea underlying religious asceticism has no doubt {358} been
-derived from several different sources. It should first be
-noticed that certain ascetic practices have originally been
-performed for another purpose, and only afterwards come to be
-regarded as means of propitiating or pleasing the deity through
-the suffering involved in them. This, as we have seen, is the
-case with certain fasts, and also with sexual asceticism.[88]
-When an act is supposed to be connected with supernatural danger,
-the evil (real or imaginary) resulting from it is readily
-interpreted as a sign of divine anger and the act itself is
-regarded as being forbidden by a god. If then the abstinence from
-it implies suffering, as is in some degree the case with fasting
-and sexual continence, the conclusion is drawn that the god
-delights in such suffering. The same inference is, moreover, made
-from the fact that such abstinences are enjoined in connection
-with religious worship, though the primary motive for this
-injunction was fear of pollution. Beating or scourging, again,
-was in certain cases originally a mode of purification, intended
-to wipe off and drive away a dangerous contagion either
-personified as demoniacal or otherwise of a magical character.
-And although the pain inflicted on the person beaten was at first
-not the object of the act but only incidental to it, it became
-subsequently the chief purpose of the ceremony, which was now
-regarded as a mortification well pleasing to the god.[89] This
-change of ideas seems likewise to be due both to the tendency of
-the supernatural contagion to develop into a divine punishment in
-case it is not removed by the painful rite, and also to the
-circumstance that purification is held to be a necessary
-accompaniment of acts of religious worship. The Egyptian
-sacrifice described by Herodotus was combined with purificatory
-fasting as well as beating.[90] Among the Jews, before the
-commencement of the fast of atonement, whilst a few very
-religious persons undergo the penance of flagellation, "some
-purify themselves by {359} ablutions."[91] And that the original
-object of the scourging mentioned in the Yasts was to purify the
-worshipper is suggested by the fact that he on the same occasion
-had to wash his body three days and three nights.[92] But it
-should also be remembered that religious exaltation, when it has
-reached its highest stage, may express itself in self-laceration;[93]
-and the deity is naturally supposed to be pleased with the
-outward expression of such an emotion in his devotees.
-
-[Footnote 88: See _infra_, p. 420 _sq._]
-
-[Footnote 89: Frazer, _Golden Bough_, iii. 217 _sq._]
-
-[Footnote 90: Herodotus, ii. 40.]
-
-[Footnote 91: Allen, _op. cit._ p. 407.]
-
-[Footnote 92: _Yasts_, x. 122.]
-
-[Footnote 93: See Hirn, _Origins of Art_, p. 64.]
-
-An ascetic practice may also be the survival of an earlier
-sacrifice. We have seen that this is frequently the case with
-fasting and almsgiving, and the same may hold true of other forms
-of asceticism.[94] The essence of the act then no longer lies in
-the benefit which the god derives from it, but in the self-denial
-or self-mortification which it costs the worshipper. In the
-sacred books of India "austerity" is mentioned as a means of
-expiation side by side with sacrifice, fasting, and giving
-gifts.[95]
-
-[Footnote 94: _Cf._ Tertullian, _De resurrectione carnis_, 8
-(Migne, _op. cit._ ii. 806).]
-
-[Footnote 95: _Gautama_, xix. 11. _Vasishtha_, xx. 47; xxii. 8.
-_Baudháyana_, iii. 10. 9.]
-
-When an ascetic practice develops out of a previous custom of a
-different origin, it may be combined with an idea which by itself
-has been a frequent source of self-inflicted pain, to wit, the
-belief that such pain is an expiation for sin, that it may serve
-as a substitute for a punishment which would otherwise be
-inflicted by the offended god; and almost inseparably connected
-with this belief there may be that desire to suffer which is so
-often, vaguely or distinctly, involved in genuine repentance.[96]
-The idea of expiation very largely underlies the penitential
-discipline of the Christian Church and the asceticism of its
-saints. From the days of Tertullian and Cyprian the Latins were
-familiar with the notion that the Christian has to propitiate
-God, that cries of pain, sufferings, and deprivations are means
-of appeasing his anger, that God takes strict account of the
-quantity of {360} the atonement, and that, where there is no
-guilt to have blotted out, those very means are regarded as
-merits.[97] According to the doctrine of the Church, penance
-should in all grave cases be preceded by sorrow for the sin and
-also by confession, either public or private; repentance, as we
-have noticed above, is the only ground on which pardon can be
-given by a scrupulous judge.[98] But the notion was only too
-often adopted that the penitential practice itself was a
-compensation for sin, that a man was at liberty to do whatever he
-pleased provided he was prepared to do penance afterwards, and
-that a person who, conscious of his frailty, had laid in a large
-stock of vicarious penance in anticipation of future necessity,
-had a right "to work it out," and spend it in sins.[99] The idea
-that sins may be expiated by certain acts of self-mortification
-is familiar both to Muhammedans[100] and Jews.[101] According to
-Zoroastrian beliefs, it is possible to wipe out by peculiarly
-severe atonements not only the special sin on account of which
-the atonement is performed, but also other offences committed in
-former times or unconsciously.[102] In the sacred books of the
-Hindus we meet with a strong conviction that pain suffered in
-this life will redeem the sufferer from punishment in a future
-existence. It is said that "men who have committed crimes and
-have been punished by the king go to heaven, being pure like
-those who performed meritorious deeds";[103] and the same idea is
-at the bottom of their penitential system.[104] But in
-Brahmanism, as in Catholicism, the effect of ascetic practices is
-supposed to go beyond mere expiation. They are regarded as means
-of accumulating religious merit or attaining superhuman powers.
-Brahmanical poems tell of marvellous self-mortifications {361} by
-which sages of the past obtained influence over the gods
-themselves; nay, even the power wielded by certain archdemons
-over men and gods is supposed to have been acquired by the
-practice of religious austerities.[105] How largely ascetic
-practices are due to the idea of expiation is indicated by the
-fact that they hardly occur among nations who have no vivid sense
-of sin, like the Chinese before the introduction of Taouism and
-Buddhism,[106] and the ancient Greeks, Romans, and Scandinavians.
-In Greece, however, people sometimes voluntarily sacrificed a
-part of their happiness in order to avoid the envy of the gods,
-who would not allow to man more than a moderate share of good
-fortune.[107]
-
-[Footnote 96: See _supra_, i. 105 _sq._]
-
-[Footnote 97: Tertullian, _De jejuniis_, 7 (Migne, _op. cit._ ii.
-962). _Idem_, _De resurrectione carnis_, 8 (Migne, ii. 806
-_sq._). Harnack, _History of Dogma_, ii. 110, 132; iii. 311.]
-
-[Footnote 98: _Supra_, i. 85.]
-
-[Footnote 99: See Thrupp, _The Anglo-Saxon Home_, p. 259.]
-
-[Footnote 100: _Supra_, ii. 315, 317. Pool, _op. cit._ p. 264.]
-
-[Footnote 101: _Supra_, ii. 315 _sqq._ Allen, _op. cit._ p. 130.]
-
-[Footnote 102: Geiger, _Civilization of the Eastern Ir[=a]nians_,
-i. 163.]
-
-[Footnote 103: _Laws of Manu_, viii. 318.]
-
-[Footnote 104: _Ibid._ xi. 228.]
-
-[Footnote 105: Monier-Williams, _Br[=a]hmanism and Hind[=u]ism_,
-pp. 231, 427. Oldenberg, _Buddha_, p. 302.]
-
-[Footnote 106: Réville, _La religion Chinoise_, p. 221.]
-
-[Footnote 107: Aeschylus, _Agamemnon_, 1008 _sqq._ Schmidt,
-_Die Ethik der alten Griechen_, i. 82.]
-
-Self-mortification is also sometimes resorted to not so much to
-appease the anger of a god as rather to excite his compassion. In
-some of the Jewish fasts, as we have seen before, these two
-objects are closely interwoven.[108] The Jewish custom of fasting
-in the case of a drought is in a way parallel to the Moorish
-practice of tying holy men and throwing them into a pond in order
-that their pitiful condition may induce God to send rain. Mr.
-Williams tells us of a Fijian priest who, "after supplicating his
-god for rain in the usual way without success, slept for several
-successive nights exposed on the top of a rock, without mat or
-pillow, hoping thus to move the obdurate deity to send a shower."[109]
-
-[Footnote 108: _Supra_, ii. 315.]
-
-[Footnote 109: Williams and Calvert, _Fiji_, p. 196.]
-
-Not only is suffering voluntarily sought as a means of wiping off
-sins committed, but it is also endured with a view to preventing
-the commission of sin. This is the second or, in importance, the
-first great idea upon which Christian asceticism rests. The
-gratification of every worldly desire is sinful, the flesh should
-be the abject slave of the spirit intent upon unearthly things.
-Man was created for a life in spiritual communion with God, {362}
-but he yielded to the seduction of evil demons, who availed
-themselves of the sensuous side of his nature to draw him away
-from the contemplation of the divine and lead him to the earthly.
-Moral goodness, therefore, consists in renouncing all sensuous
-pleasures, in separating from the world, in living solely after
-the spirit, in imitating the perfection and purity of God. The
-contrast between good and evil is the contrast between God and
-the world, and the conception of the world includes not only the
-objects of bodily appetites but all human institutions, as well
-as science and art.[110] And still more than any theoretical
-doctrine, the personal example of Christ led to the glorification
-of spiritual joy and bodily suffering.
-
-[Footnote 110: Harnack, _op. cit._ ii. 214 _sqq._, iii. 258
-_sqq._ von Eicken, _Geschichte der mittelalterlichen
-Weltanschauung_, p. 313 _sqq._]
-
-The antithesis of spirit and body was not peculiar to
-Christianity. It was an old Platonic conception, which was
-regarded by the Fathers of the Church as the contrast between
-that which was precious and that which was to be mortified. The
-doctrine that bodily enjoyments are low and degrading was taught
-by many pagan philosophers; even a man like Cicero says that all
-corporeal pleasure is opposed to virtue and ought to be
-rejected.[111] And in the Neo-Platonic and Neo-Pythagorean
-schools of Alexandria an ascetic ideal of life was the natural
-outcome of their theory that God alone is pure and good, and
-matter impure and evil. Renunciation of the world was taught and
-practised by the Jewish sects of the Essenes and Therapeutæ. In
-India, Professor Kern observes, "climate, institutions, the
-contemplative bent of the native mind, all tended to facilitate
-the growth of a persuasion that the highest aims of human life
-and real felicity cannot be obtained but by the seclusion from
-the busy world, by undisturbed pious exercises, and by a certain
-amount of mortification."[112] We read in the Hitopadesa,
-"Subjection to the senses has been called the road to ruin, and
-{363} their subjugation the path to fortune."[113] The Jain
-regards pleasure in itself as sinful:--"What is discontent, and
-what is pleasure? One should live subject to neither. Giving up
-all gaiety, circumspect, restrained, one should lead a religious
-life."[114] According to Buddhism, there are two causes of the
-misery with which life is inseparably bound up--lust and
-ignorance; and so there are two cures--the suppression of lust
-and desire and the removal of ignorance.[115] It is said in the
-Dhammapada, "There is no satisfying lusts, even by a shower of
-gold pieces; he who knows that lusts have a short taste and cause
-pain, he is wise."[116] Penances, as they were practised among
-the ascetics of India, were discarded by Buddha as vexatious,
-unworthy, unprofitable. "Not nakedness, not platted hair, not
-dirt, not fasting, or lying on the earth, not rubbing with dust,
-not sitting motionless, can purify a mortal who has not overcome
-desires."[117] Where all contact with the earthly ceases, there,
-and there only, are deliverance and freedom.
-
-[Footnote 111: Cicero, _De officiis_, i. 30; iii. 33.]
-
-[Footnote 112: Kern, _Manual of Indian Buddhism_, p. 73.]
-
-[Footnote 113: Hitopadesa, quoted by Monier-Williams, _Indian
-Wisdom_, p. 538.]
-
-[Footnote 114: Hopkins, _op. cit._ p. 291.]
-
-[Footnote 115: Oldenberg, _op. cit._ p. 212 _sq._ Monier-Williams,
-_Buddhism_, p. 99.]
-
-[Footnote 116: _Dhammapada_, 186 _sq._]
-
-[Footnote 117: _Ibid._ 141. See also Oldenberg, _op. cit._
-p. 301 _sq._]
-
-The idea that man ought to liberate himself from the bondage of
-earthly desires is the conclusion of a contemplative mind
-reflecting upon the short duration and emptiness of all bodily
-pleasures and the allurements by which they lead men into misery
-and sin. And separation from the material world is the ideal of
-the religious enthusiast whose highest aspiration is union with
-God conceived as an immaterial being, as pure spirit.
-
-
-
-
-CHAPTER XL
-
-MARRIAGE
-
-
-MAN'S sexual nature gives rise to various modes of conduct on
-which moral judgments are passed. We shall first consider such
-relations between the sexes as are comprised under the heading
-Marriage.
-
-In a previous work I have endeavoured to show that in all
-probability there has been no stage in the social history of
-mankind where marriage has not existed, human marriage apparently
-being an inheritance from some ape-like progenitor.[1] I then
-defined marriage as a more or less durable connection between
-male and female, lasting beyond the mere act of propagation till
-after the birth of the offspring. This is marriage in the natural
-history sense of the term. As a social institution, on the other
-hand, it has a somewhat different meaning: it is a union
-regulated by custom or law.[2] Society lays down rules relating
-to the selection of partners, to the mode of contracting
-marriage, to its form, and to its duration. These rules are
-essentially expressions of moral feelings.
-
-[Footnote 1: Westermarck, _History of Human Marriage_, ch. iii.
-_sqq._]
-
-[Footnote 2: The best definition of marriage as a social
-institution which I have met with is the following one given by
-Dr. Friedrichs ('Einzeluntersuchungen zur vergleichenden
-Rechtswissenschaft,' in _Zeitschr. f. vergl. Rechtswiss._ x.
-255):--"Eine von der Rechtsordnung anerkannte und privilegirte
-Vereinigung geschlechtsdifferenter Personen, entweder zur Führung
-eines gemeinsamen Hausstandes und zum Geschlechtsverkehr, oder
-zum ausschliesslichen Geschlechtsverkehr."]
-
-There is, first, a circle of persons within which marriage is
-prohibited. It seems that the horror of incest is well-nigh
-universal in the human race, and that the few cases in which this
-feeling is said to be absent can only be regarded {365} as
-abnormalities. But the degrees of kinship within which marriage
-is forbidden are by no means the same everywhere. It is most, and
-almost universally, abominated between parents and children. It
-is also held in general abhorrence between brothers and sisters
-who are children of the same mother as well as of the same
-father. Most of the exceptions to this rule refer to royal
-persons, for whom it is considered improper to contract marriage
-with individuals of less exalted birth; but among a few peoples
-incestuous unions are practised on a larger scale on account of
-extreme isolation or as a result of vitiated instincts.[3] It
-seems, however, that habitual marriages between brothers and
-sisters have been imputed to certain peoples without sufficient
-reason.[4] This is obviously true of the Veddahs of Ceylon, who
-have long been supposed to regard the marriage of a man with his
-younger sister as _the_ proper marriage.[5] "Such incest," says
-Mr. Nevill, "never was allowed, and never could be, while the
-Vaedda {366} customs lingered. Incest is regarded as worse than
-murder. So positive is this feeling, that the Tamils have based a
-legend upon the instant murder of his sister by a Vaedda to whom
-she had made undue advances. The mistake arose from gross
-ignorance of Vaedda usages. The title of a cousin with whom
-marriage ought to be contracted, that is, mother's brother's
-daughter, or father's sister's daughter, is _nagâ_ or _nangî_.
-This, in Sinhalese, is applied to a younger sister. Hence if you
-ask a Vaedda, 'Do you marry your sisters?' the Sinhalese
-interpreter is apt to say, 'Do you marry your nagâ?' The reply is
-(I have often tested it), 'Yes--we always did formerly, but now
-it is not always observed.' You say then, 'What? marry your
-own-sister-nagâ?' and the reply is an angry and insulted denial,
-the very question appearing a gross insult." The same writer
-adds:--"In no case did a person marry one of the same family,
-even though the relationship was lost in remote antiquity. Such a
-marriage is incest. The penalty for incest was death."[6]
-
-[Footnote 3: Westermarck, _op. cit._ ch. xiv. _sq._]
-
-[Footnote 4: This is apparently the case with various peoples
-mentioned by Sir J. G. Frazer (_Pausanias's Description of
-Greece_, ii. 84 _sq._) as being addicted to incestuous unions.
-Mr. Turner's short statement (_Samoa_, p. 341) that among the New
-Caledonians no laws of consanguinity were observed in their
-marriages, and that even the nearest relatives united, radically
-differs from M. de Rochas' description of the same people. "Les
-Néo-Calédoniens," he says (_Nouvelle Calédonie_, p. 232), "ne se
-marient pas entre proches parents du côté paternel; mais du côté
-maternel, ils se marient à tous les degrés de cousinage."
-Brothers and sisters, after they have reached years of maturity,
-are no longer permitted to entertain any social intercourse with
-each other; they are prohibited from keeping each other company
-even in the presence of a third person; and if they casually meet
-they must instantly go out of the way or, if that is impossible,
-the sister must throw herself on the ground with her face
-downwards. "Cet éloignement," M. de Rochas adds (_ibid._ p. 239),
-"qui n'est certes l'effet ni du mépris ni de l'inimitié, me
-parait né d'une exagération déraisonnable d'un sentiment naturel,
-l'horreur de l'inceste." Sir J. G. Frazer says that, according to
-Mr. Thomson, the marriage of brothers with sisters has been
-practised among the Masai; but a later and, as it seems, better
-informed authority tells us that "the Masai do not marry their
-near relations" and that "incest is unknown among them" (Hinde,
-_The Last of the Masai_, p. 76). Again, the statement that among
-the Obongos, a dwarf race in West Africa, sisters marry with
-brothers, is only based on information derived from another
-people, the Ashangos, who have a strong antipathy to them (Du
-Chaillu, _Journey to Ashango-Land_, p. 320). Liebich's assertion
-(_Die Zigeuner_, p. 49) that the Gypsies allow a brother to marry
-his sister is certainly not true of the Gypsies of Finland, who
-greatly abhor incest (Thesleff, 'Zigenarlif i Finland,' in _Nya
-Pressen_, 1897, no. 331 B).]
-
-[Footnote 5: Bailey, 'Wild Tribes of the Veddahs of Ceylon,' in
-_Trans. Ethn. Soc._ N.S. ii. 294 _sq._]
-
-[Footnote 6: Nevill, 'Vaeddas of Ceylon,' in _Taprobanian_, i. 178.]
-
-As a rule, the prohibited degrees are more numerous among peoples
-unaffected by modern civilisation than they are in more advanced
-communities, the prohibitions in a great many cases referring
-even to all the members of the tribe or clan; and the violation
-of these rules is regarded as a most heinous crime.[7]
-
-[Footnote 7: Westermarck, _op. cit._ p. 297 _sqq._]
-
-The Algonquins speak of cases where men have been put to death by
-their nearest kinsfolk for marrying women of their own clan.[8]
-Among the Asiniboin, a Siouan tribe, a chief can commit murder
-with impunity if the murdered person be without friends, but if
-he married within his _gens_ he would be dismissed, on account of
-the general disgust which such a union would arouse.[9] The
-Hottentots used to punish alliances between first or second
-cousins with death.[10] A Bantu of the coast region considers
-similar unions to be "something horrible, something unutterably
-disgraceful."[11] The Busoga of the Uganda {367} Protectorate
-held in great abhorrence anything like incest even amongst
-domestic animals.[12] Among the Kandhs of India "intermarriage
-between persons of the same tribe, however large or scattered, is
-considered incestuous and punishable with death."[13] In the
-Malay Archipelago submersion is a common punishment for
-incest,[14] but among certain tribes the guilty parties are
-killed and eaten[15] or buried alive.[16] In Efate, of the New
-Hebrides, it would be a crime punishable with death for a man or
-woman to marry a person belonging to his or her mother's
-clan;[17] and the Mortlock Islanders are said to inflict the same
-punishment upon anybody who has sexual intercourse with a
-relative belonging to his own "tribe."[18] Nowhere has marriage
-been bound by more severe laws than among the Australian
-aborigines. Their tribes are grouped in exogamous subdivisions,
-the number of which varies; and at least before the occupation of
-the country by the whites the regular punishment for marriage or
-sexual intercourse with a person belonging to a forbidden
-division was death.[19]
-
-[Footnote 8: Frazer, _Totemism_, p. 59.]
-
-[Footnote 9: Dorsey, 'Siouan Sociology,' in _Ann. Rep. Bur.
-Ethn._ xv. 224.]
-
-[Footnote 10: Kolben, _Present State of the Cape of Good Hope_,
-i. 155 _sq._]
-
-[Footnote 11: Theal, _History of the Boers in South Africa_, p. 16.]
-
-[Footnote 12: Johnston, _Uganda Protectorate_, ii. 719.]
-
-[Footnote 13: Macpherson, quoted by Percival, _Land of the Veda_,
-p. 345. _Cf._ Hunter, _Annals of Rural Bengal_, iii. 81.]
-
-[Footnote 14: Wilken, _Huwelijken tusschen bloedverwanten_, p. 26
-_sq._ Riedel, _De sluik- en kroesharige rassen tusschen Selebes
-en Papua_, p. 460.]
-
-[Footnote 15: Wilken, _Over de verwantschap en het huwelijks- en
-erfrecht bij de volken van het maleische ras_, p. 18.]
-
-[Footnote 16: _Glimpses of the Eastern Archipelago_, p. 105.]
-
-[Footnote 17: Macdonald, _Oceania_, p. 181 _sq._]
-
-[Footnote 18: Kubary, 'Die Bewohner der Mortlock Inseln,' in
-_Mittheil. d. Geogr. Gesellsch. in Hamburg_, 1878-9, p. 251.]
-
-[Footnote 19: Westermarck, _op. cit._ p. 299 _sq._ See, besides
-the authorities quoted there, Roth, _Ethnol. Studies among the
-North-West-Central Queensland Aborigines_, p. 182; Spencer and
-Gillen, _Native Tribes of Central Australia_, p. 15.]
-
-Not less intense is the horror of incest among nations that have
-passed beyond savagery and barbarism. Among the Chinese incest
-with a grand-uncle, a father's first cousin, a brother, or a
-nephew, is punishable by death, and a man who marries his
-mother's sister is strangled; nay, punishment is inflicted even
-on him who marries a person with the same surname as his own,
-sixty blows being the penalty.[20] So also incest was held in the
-utmost horror by the so-called Aryan peoples in ancient
-times.[21] In the 'Institutes of Vishnu' it is said that sexual
-intercourse {368} with one's mother or daughter or
-daughter-in-law is a crime of the highest degree, for which there
-is no other atonement than to proceed into the flames.[22]
-
-[Footnote 20: Medhurst, 'Marriage, Affinity, and Inheritance in
-China,' in _Trans. Roy. Asiatic Soc. China Branch_, iv. 21 _sqq._]
-
-[Footnote 21: Leist, _Alt-arisches Jus Gentium_, p. 394 _sq._]
-
-[Footnote 22: _Institutes of Vishnu_, xxxiv. 1 _sq._]
-
-Various theories have been set forth to account for the
-prohibition of marriage between near kin. I criticised some of
-them in my book on the 'History of Human Marriage,' and ventured
-at the same time on an explanation of my own.[23] I pointed out
-that there is an innate aversion to sexual intercourse between
-persons living very closely together from early youth, and that,
-as such persons are in most cases related by blood, this feeling
-would naturally display itself in custom and law as a horror of
-intercourse between near kin. Indeed, an abundance of
-ethnographical facts seem to indicate that it is not in the first
-place by the degree of consanguinity, but by the close living
-together, that prohibitory laws against intermarriage are
-determined. Thus many peoples have a rule of "exogamy" which does
-not depend on kinship at all, but on purely local considerations,
-all the members of a horde or village, though not related by
-blood, being forbidden to intermarry.[24] The prohibited degrees
-are very differently defined in the customs or laws of different
-nations, and it appears that the extent to which relatives are
-prohibited from intermarrying is nearly connected with their
-close living together. Very often the prohibitions against incest
-are more or less one-sided, applying more extensively either to
-the relatives on the father's side or to those on the mother's,
-according as descent is reckoned through men or women. Now, since
-{369} the line of descent is largely connected with local
-relationships, we may reasonably infer that the same local
-relationships exercise a considerable influence on the table of
-prohibited degrees. However, in a large number of cases
-prohibitions of intermarriage are only indirectly influenced by
-the close living together.[25] Aversion to the intermarriage of
-persons who live in intimate connection with one another has
-called forth prohibitions of the intermarriage of relations; and,
-as kinship is traced by means of a system of names, the name
-comes to be considered identical with relationship. This system
-is necessarily one-sided. Though it will keep up the record of
-descent either on the male or female side, it cannot do both at
-once;[26] and the line which has not been kept up by such means
-of record, even where it is recognised as a line of relationship,
-is naturally more or less neglected and soon forgotten. Hence the
-prohibited degrees frequently extend very far on the one side--to
-the whole clan--but not on the other. It should also be
-remembered that, according to primitive ideas, the name itself
-constitutes a mystic link between those who have it in common.
-"In Greenland, as everywhere else," says Dr. Nansen, "the name is
-of great importance; it is believed that there is a spiritual
-affinity between two people of the same name."[27] Generally
-speaking, the feeling that two persons are intimately connected
-in some way or other may, through an association of ideas, give
-rise to the notion that marriage or sexual intercourse between
-them is incestuous. Hence the prohibitions of marriage between
-relations by alliance and by adoption. Hence, too, the
-prohibitions of the Roman and Greek Churches on the ground of
-what is called "spiritual relationship."
-
-[Footnote 23: Westermarck, _op. cit._ p. 310 _sqq._]
-
-[Footnote 24: Herr Cunow (_Die Verwandtschafts-Organisationen der
-Australneger_, p. 187) finds this argument "rather peculiar," and
-offers himself a different explanation of the rule in question.
-He writes:--"In der Wirklichkeit erklärt sich das Verbot einfach
-daraus, dass sehr oft die Lokalgruppe mit dem Geschlechtsverband
-beziehungsweise dem Totemverband kongruirt, und demnach das was
-für die Gens gilt, zugleich auch für die Lokalgruppe Geltung
-hat." This, however, is only Herr Cunow's own inference. And it
-may be asked why it is more "peculiar" to suppose that the
-prohibition of marriage between near kin has sprung from aversion
-to sexual intercourse between persons living closely together,
-than to assume that the rule which forbids marriage between
-unrelated persons living in the same community has sprung from
-the prohibition of marriage between kindred.]
-
-[Footnote 25: I do not understand how any reader of my book can,
-like Herr Cunow (_op. cit._ p. 186 _sqq._), attribute to me the
-statement that the group within which intermarriage is prohibited
-is identical with the group of people who live closely together.
-If he had read a little more carefully what I have said, he might
-have saved himself the trouble he has taken to prove my great
-ignorance of early social organisations.]
-
-[Footnote 26: _Cf._ Tylor, _Early History of Mankind_, p. 285 _sq._]
-
-[Footnote 27: Nansen, _Eskimo Life_, p. 230.]
-
-{370} The question arises:--How has this instinctive aversion to
-marriage and sexual intercourse in general between persons living
-closely together from early youth originated? I have suggested
-that it may be the result of natural selection. Darwin's careful
-studies of the effects of cross- and self-fertilisation in the
-vegetable kingdom, the consensus of opinion among eminent
-breeders, and experiments made with rats, rabbits, and other
-animals, seem to have proved that self-fertilisation of plants
-and close inter-breeding of animals are more or less injurious to
-the species; and it is probable that the evil chiefly results
-from the fact that the uniting sexual elements were not
-sufficiently differentiated. Now it is impossible to believe that
-a physiological law which holds good of the rest of the animal
-kingdom, as also of plants, would not apply to man as well. But
-it is difficult to adduce direct evidence for the evil effects of
-consanguineous marriages. We cannot expect very conspicuous
-results from other alliances than those between the nearest
-relatives--between brothers and sisters, parents and
-children,--and the injurious results even of such unions would
-not necessarily appear at once. The closest kind of intermarriage
-which we have opportunities of studying is that between first
-cousins. Unfortunately, the observations hitherto made on the
-subject are far from decisive. Yet it is noteworthy that of all
-the writers who have discussed it the majority, and certainly not
-the least able of them, have expressed their belief in marriages
-between first cousins being more or less unfavourable to the
-offspring; and no evidence which can stand the test of scientific
-investigation has hitherto been adduced against this view.
-Moreover, we have reason to believe that consanguineous marriages
-are much more injurious in savage regions, where the struggle for
-existence is often very severe, than they have proved to be in
-civilised societies, especially as it is among the well-to-do
-classes that such marriages occur most frequently.
-
-Taking all these facts into consideration, I am inclined to think
-that consanguineous marriages are in some way or {371} other
-detrimental to the species. And here I find a quite sufficient
-explanation of the horror of incest; not because man at an early
-stage recognised the injurious influence of close intermarriage,
-but because the law of natural selection must inevitably have
-operated. Among the ancestors of man, as among other animals,
-there was no doubt a time, when blood-relationship was no bar to
-sexual intercourse. But variations, here as elsewhere, would
-naturally present themselves--we know how extremely liable to
-variations the sexual instinct is; and those of our ancestors who
-avoided in-and-in breeding would survive, while the others would
-gradually decay and ultimately perish. Thus a sentiment would be
-developed which would be powerful enough, as a rule, to prevent
-injurious unions. Of course it would display itself, not as an
-innate aversion to sexual connections with near relatives as
-such, but as an aversion on the part of individuals to union with
-others with whom they lived; but these, as a matter of fact,
-would be blood-relations, so that the result would be the
-survival of the fittest. Whether man inherited this sentiment
-from the predecessors from whom he sprang, or whether it was
-developed after the evolution of distinctly human qualities, we
-cannot know. It must have arisen at a stage when family ties
-became comparatively strong, and children remained with their
-parents until the age of puberty or even longer. And exogamy,
-resulting from a natural extension of this sentiment to a larger
-group, would arise when single families united into hordes.
-
-This attempt to explain the prohibition of marriage between
-kindred and exogamy has not lacked sympathetic support,[28] but
-more commonly, I think, it has been rejected. Yet after a careful
-consideration of the various objections raised against it I find
-no reason to alter my opinion. Some of my opponents have
-evidently failed to grasp the {372} argument on which the theory
-is based. Thus Professor Robertson Smith argued that it begins by
-presupposing the very custom which it professes to explain, the
-custom of exogamy; that "it postulates the existence of groups
-which through many generations (for the survival of the fittest
-implies this) avoided wiving within the group."[29] But what my
-theory postulates is not the existence of exogamous groups, but
-the spontaneous appearance of individual sentiments of aversion.
-And if, as Mr. Andrew Lang maintains, my whole argument is a
-"vicious circle,"[30] then the theory of natural selection itself
-is a vicious circle, since there never could be a selection of
-qualities that did not exist before.
-
-[Footnote 28: A. R. Wallace, in his 'Introductory Note' to my
-_History of Human Marriage_, p. vi. Giddings, _Principles of
-Sociology_, p. 267. Howard, _History of Matrimonial
-Institutions_, i. 125 _sqq._ Sir E. B. Tylor (in _Academy_, xl.
-289) says with regard to my theory that, at any rate, I am "well
-on the track." See also Crooke, _Tribes and Castes of the
-North-Western Provinces and Oudh_, i. pp. clxxix, clxxx, ccii.]
-
-[Footnote 29: Robertson Smith, in _Nature_, xliv. 271.]
-
-[Footnote 30: Lang, _Social Origins_, p. 33.]
-
-It has been argued that if close living together calls forth
-aversion to sexual intercourse, such aversion ought to display
-itself between husband and wife as well as between near
-relatives.[31] But these cases are certainly not identical. The
-feeling of which I have spoken is aversion associated with the
-idea of sexual intercourse between persons who have lived in a
-long-continued intimate relationship from a period of life when
-the action of sexual desire is naturally out of the question.[32]
-On the other hand, when a man marries a woman his feeling towards
-her is of a very different kind, and his love impulse may remain,
-nay increase, during the conjugal union; though even in this case
-long living together has undoubtedly a tendency to lead to sexual
-indifference and sometimes to positive aversion. The opinion that
-the home is kept free from incestuous intercourse only by law,
-custom, and education,[33]{373} shows lack of discrimination. Law
-may forbid a son to marry his mother, a brother to marry his
-sister, but it could not prevent him from _desiring_ such a
-union. Have the most draconic codes ever been able to suppress,
-say, homosexual love? As Plato observed, an unwritten law defends
-as sufficiently as possible parents from incestuous intercourse
-with their children, brothers from intercourse with their
-sisters; "nor does the thought of such a thing ever enter at all
-into the minds of most of them."[34] Considering the extreme
-variability to which the sexual impulse is subject, it is not
-astonishing that cases of what we consider incestuous intercourse
-sometimes do occur. It seems to me more remarkable that the
-abhorrence of incest should be so general, and the exceptions to
-the rule so few.
-
-[Footnote 31: Durkheim, 'La prohibition de l'inceste et ses
-origines,' in _L'année sociologique_, i. 64. Professor Durkheim
-refers in this connection to an article by Dr. Simmel, 'Die
-Verwandtenehe,' in _Vossische Zeitung_, June 3rd and 10th, 1894.
-But I cannot find that Dr. Simmel is really opposed to my view.
-He only says, "Das intime Beisammenleben wirkt keineswegs nur
-abstumpfend, sondern in vielen Fällen gerade anreizend, sonst
-würde die alte Erfahrung nicht gelten, dass die Liebe, wo sie
-beim Eingehen der Ehe fehlte, oft im Laufe derselben entsteht."]
-
-[Footnote 32: _Cf._ Bentham, _Theory of Legislation_, p.
-220:--"Individuals accustomed to see each other and to know each
-other, from an age which is neither capable of conceiving the
-desire nor of inspiring it, will see each other with the same
-eyes to the end of life."]
-
-[Footnote 33: For advocates of such a view see Westermarck, _op.
-cit._ p. 310 _sqq._ More recently it has been expressed by
-Krauss, in _Am Ur-Quell_, iv. 151, and Finck, _Primitive Love_,
-p. 49.]
-
-[Footnote 34: Plato, _Leges_, viii. 838. Among the Maoris of New
-Zealand, according to Mr. Colenso (_Maori Races_, p. 47 _sq._),
-adult brothers and sisters slept together, as they had always
-done from their birth, "not only without sin, but without thought
-of it."]
-
-Dr. Havelock Ellis, again, objects that my theory assumes the
-existence of a kind of instinct which can with difficulty be
-accepted. "An innate tendency," he says, "at once so specific and
-so merely negative, involving at the same time deliberate
-intellectual processes, can only with a certain force be
-introduced into the accepted class of instincts. It is as awkward
-and artificial an instinct as would be, let us say, an instinct
-to avoid eating the apples that grew in one's own orchard. The
-explanation of the abhorrence of incest is really, however,
-exceedingly simple. . . . The normal failure of the pairing
-instinct to manifest itself in the case of brothers and sisters,
-or of boys and girls brought up together from infancy, is a
-merely negative phenomenon due to the inevitable absence under
-those circumstances of the conditions which evoke the pairing
-impulse. . . . Between those who have been brought up together
-from childhood all the sensory stimuli of vision, hearing, and
-touch have been dulled by use, trained to the calm level of
-affection, and deprived of their potency to {374} arouse the
-erethistic excitement which produces sexual tumescence."[35] I
-think that Dr. Ellis has considerably exaggerated the difference
-between my theory and his own. The "instinct" of which I have
-spoken is simply aversion to sexual intercourse with certain
-persons, and this is a no more complicated mental phenomenon
-than, for instance, an animal's aversion to eating certain kinds
-of substances. Indeed, Dr. Ellis himself, in his excellent
-'Studies in the Psychology of Sex,' gives us many instances not
-only of sexual indifference, but of sexual aversion, quite
-instinctive in character.[36] Thus the largest proportion of male
-inverts described by him experience what is called _horror
-feminæ_, that is to say, "woman as an object of sexual desire is
-disgusting" (not merely indifferent) to them.[37] And Dr. Ellis
-also repeatedly speaks of the "abhorrence" of incest.
-
-[Footnote 35: Havelock Ellis, _Studies in the Psychology of Sex_,
-'Sexual Selection in Man,' p. 205 _sq._]
-
-[Footnote 36: I have been blamed for making an illegitimate use
-of the word "instinct" (Crawley, _The Mystic Rose_ p. 446). But
-if, as Dr. Ellis says, "an instinct is fundamentally a more or
-less complicated series of reflexes set in action by a definite
-stimulus," or as Mr. Crawley puts it (_op. cit._ p. 446),
-instinct "has nothing in its content except response of function
-to environment," then the aversion I speak of may certainly be
-called an instinct.]
-
-[Footnote 37: Havelock Ellis, _op. cit._ p. 164.]
-
-The objection has been raised that, if my explanation of the
-prohibition of incest were correct, connections between unrelated
-persons who have been brought up together should be as repulsive
-as connections between near kin; whereas, as a matter of fact,
-the two cases are regarded in a very different light, the latter,
-only, being held incestuous.[38] Much, of course, depends on the
-closeness of the union, and Dr. Steinmetz's argument that "the
-very sensual Frenchmen often seem to marry the lady friends of
-their earliest youth,"[39] is certainly not to the point. I
-believe that sexual love between a man and his foster-daughter is
-almost as great an abnormality as sexual love between a father
-and his daughter; and among some peoples marriages between
-persons who have been brought up together in the same family or
-who {375} belong to the same local group, without being related
-to each other by blood, are held blamable or are actually
-prohibited.[40] Even between lads and girls who have been
-educated in the same school there is a remarkable absence of
-erotic feelings, as appears from an interesting communication by
-a person who has for many years been the head-mistress of such a
-school in Finland. One youth assured her that neither he nor any
-of his friends would ever think of marrying a girl who had been
-their school fellow;[41] and I heard of a lad who made a great
-distinction between girls of his own school and other, "real,"
-girls, as he called them. Yet however objectionable and unnatural
-unions between foster-parents and foster-children or between
-foster-brothers and foster-sisters may appear to us, I do not
-deny that unions between the nearest blood-relatives inspire a
-horror of their own; and it seems natural that they should do so
-considering that from earliest times the aversion to sexual
-intercourse between persons living closely together has been
-expressed in prohibitions against unions between kindred. Such
-unions have been stigmatised by custom, law, and religion, whilst
-much less notice has been taken of intercourse between unrelated
-persons who may occasionally have grown up in the same household.
-The belief in the supernatural, especially, has played a very
-important part in the ideas referring to incest, as in other
-points of sexual morality, owing to the mystery which surrounds
-everything connected with the function of reproduction.[42] The
-Aleuts in early times believed that incest, which they considered
-the gravest crime, was always followed by the birth of monsters
-with walrus tusks, beards, and other disfigurations.[43] The
-Kafirs {376} likewise maintain that the offspring of an
-incestuous union will be a monster, as "a punishment inflicted by
-the ancestral spirit."[44] The Bataks of Sumatra regard a long
-drought as a decisive proof that two cousins have had criminal
-intercourse with each other.[45] The Galelarese think that incest
-calls forth alarming natural phenomena, such as earthquakes, the
-eruption of a volcano, or torrents of rain.[46] So also the
-higher religions have branded incest as a heinous sin. As for
-Christianity's views on the subject, it is sufficient to notice
-that the prohibited degrees were extended by the Church,[47] and
-that the jurisdiction over incest, as over all sexual offences,
-was exercised by the ecclesiastical courts.[48]
-
-[Footnote 38: Steinmetz, 'Die neueren Forschungen zur Geschichte
-der menschlichen Familie,' in _Zeitschr. f. Socialwiss._
-ii. 818 _sq._]
-
-[Footnote 39: _Ibid._ ii. 818.]
-
-[Footnote 40: Westermarck, _op. cit._ p. 321 _sqq._ Among the
-Western Islanders of Torres Straits marriage was forbidden, "with
-a remarkable delicacy of feeling, to the sister of a man's
-particular friend" (Haddon, 'Ethnology of the Western Tribe of
-Torres Straits,' in _Jour. Anthr. Inst._ xix. 315).]
-
-[Footnote 41: Lucina Hagman, 'Från samskolan,' in _Humanitas_,
-ii. 188 _sq._]
-
-[Footnote 42: For the connection between religious feelings and
-the sexual impulse, see Vallon and Marie, 'Des psychoses
-religieuses,' in _Archives de Neurologie_, ser. ii. vol. iii. 184
-_sq._; Gadelius, _Om tvångstankar_, p. 120 _sq._; Starbuck,
-_Psychology of Religion_, p. 401 _sqq._]
-
-[Footnote 43: Veniammof, quoted by Petroff, _Report on Alaska_,
-p. 155.]
-
-[Footnote 44: Shooter, _Kafirs of Natal_, p. 45.]
-
-[Footnote 45: von Brenner, _Besuch bei den Kannibalen Sumatras_,
-p. 212.]
-
-[Footnote 46: van Baarda, 'Fabelen, verhalen en overleveringen
-der Galelareezen,' in _Bijdragen tot de taal-, land- en
-volkenkunde van Nederlandsch-Indië_, xlv. (ser. vi. vol. 1.)
-p. 514. See also Frazer, _Golden Bough_, ii. 212 _sq._]
-
-[Footnote 47: Westermarck, _op. cit._ p. 308. Katz, _Grundriss
-des kanonischen Strafrechts_, p. 116 _sq._]
-
-[Footnote 48: Stephen, _History of the Criminal Law of England_,
-ii. 411.]
-
-It has, finally, been argued that my theory utterly fails to
-explain the fact that prohibitions of intermarriage frequently
-refer to all the members of a clan, even those who live in
-different localities.[49] In addition to what I have previously
-observed on this point, I desire to emphasise that every
-hypothesis pretending to give a full explanation of prohibitions
-of incest must assume the operation of the very same mental
-law--that of association--which in my opinion accounts for
-clan-exogamy. Thus Professor Durkheim, while maintaining that my
-theory as regards the horror of incest could not apply to exogamy
-because the members of the same totem do not live together, is
-himself quite ready to resort to analogy to explain prohibitions
-extending outside the totem clan. He tries to show that
-clan-exogamy is the source of all other prohibitions against
-incest, and that clan-exogamy itself springs from totemism.[50]
-According {377} to him the rule of clan-exogamy has been extended
-to near relatives belonging to different clans, because they are
-in no less intimate contact with each other than are the members
-of the same clan. According to my own theory, again, the
-prohibition of marriage between near relatives living closely
-together has been extended to all the members of the clan on
-account of the notion of intimacy connected with the idea of a
-common descent and with a common name. If I consider Professor
-Durkheim's hypothesis extremely unsatisfactory,[51] it is
-certainly not because he has called in the law of association to
-explain the rules against incest. How could anybody deny the
-operation of this law for instance in the Roman Catholic
-prohibition of marriage between co-sponsors, or in the rule
-prevalent in Eastern Europe according to which the groomsman at
-the wedding is forbidden to intermarry with the family of the
-bride,[52] or in laws prohibiting marriage between relatives by
-alliance? And why might not the {378} same law be applied to
-other relationships also, such as those constituted by a common
-descent or a common name?
-
-[Footnote 49: Cunow, _op. cit._ p. 185. Durkheim, in _L'année
-sociologique_, i. 39, n. 2. Steinmetz, in _Zeitschr. f.
-Socialwiss._ ii. 819.]
-
-[Footnote 50: Prof. Durkheim says (_L'année sociologique_, i.
-50):--"Le sang est tabou d'une manière générale et il taboue tout
-ce qui entre en rapports avec lui. . . . La femme est, d'une
-manière chronique, le théâtre de manifestations sanglantes. . . .
-La femme est donc, elle aussi, et d'une manière également
-chronique, tabou pour les autres membres du clan." However, the
-taboo is not restricted to the members of the clan, but refers
-also to near relatives belonging to different clans, and this has
-to be explained. M. Durkheim writes (_ibid._ p. 19):--"Quand on a
-pris l'habitude de regarder comme incestueux et abominables les
-rapports conjugaux de sujets qui sont nominalement du même clan,
-les rapports similaires d'individus qui, tout en ressortissant
-verbalement à des clans différents, sont pourtant en contact
-aussi ou plus intime que les précédents, ne peuvent manquer de
-prendre le même caractère." And further (_ibid._ p. 58):--"Quand
-le totémisme disparaît, et avec lui la parenté spéciale au clan,
-l'exogamie devient solidaire des nouveaux types de famille qui se
-constituent et qui reposent sur d'autres bases, et comme ces
-families sont plus restreintes que n'était le clan, elle se
-circonscrit, elle aussi, dans un cercle moins étendu; le nombre
-des individus entre lesquels le mariage est prohibé diminue.
-C'est ainsi que, par une évolution graduelle, elle en est arrivée
-à l'état actuel où les mariages entre ascendants et descendants,
-entre frères et s[oe]urs, sont à peu près les seuls qui soient
-radicalement interdits."]
-
-[Footnote 51: Professor Durkheim tries to explain a phenomenon of
-universal prevalence through an institution which has been proved
-to exist among certain peoples only. How does Professor Durkheim
-know that totem clans once prevailed among all peoples who now
-prohibit the intermarriage of near relatives? If the rules which
-prevent parents from marrying their children and brothers from
-marrying their sisters are survivals of ancient totemism, how
-shall we explain the normal aversion to such unions? Ancient
-totemism can certainly not account for this. But then the
-coincidence between these two facts--the legal prohibition of
-incest and the psychical aversion to it--is merely accidental;
-and this seems to me a preposterous supposition. See _infra_,
-Additional Notes.]
-
-[Footnote 52: Maine, _Dissertations_, p. 257 _sq._]
-
-       *       *       *       *       *
-
-There is not only an inner circle within which no marriage is
-allowed, but also an outer circle outside of which marriage is
-either prohibited or at least disapproved of. Like the inner
-circle, the outer one varies greatly in extent.[53] Probably
-every people considers it a disgrace, if not a crime, for its
-men, and even more so for its women, to marry within a race very
-different from its own, especially if it be an inferior race. The
-Romans were prohibited from marrying barbarians--the emperor
-Valentinian inflicted the penalty of death for such unions;[54]
-and a modern European girl who married an Australian native would
-no doubt be regarded as an outcast by her own society. Among many
-peoples marriage very seldom or never takes place outside the
-limits of the tribe or community. In India there are several
-instances of this. The Tipperahs and Abors view with abhorrence
-the idea of their girls marrying out of their clan;[55] and
-Colonel Dalton was gravely assured that, "when one of the
-daughters of Pádam so demeans herself, the sun and moon refuse to
-shine, and there is such a strife in the elements that all labour
-is necessarily suspended, till by sacrifice and oblation the
-stain is washed away."[56] In ancient Peru it was not lawful for
-the natives of one province or village to intermarry with those
-of another.[57] Marriage with foreign women was unlawful at
-Sparta and Athens.[58] At Rome any marriage of a citizen with a
-woman who was not herself a Roman citizen, or did not belong to a
-community possessing the privilege of _connubium_ with Rome, was
-invalid, and no legitimate children could be born of such a union.[59]
-
-[Footnote 53: Westermarck, _op. cit._ p. 363 _sqq._]
-
-[Footnote 54: Rossbach, _Römische Ehe_, p. 465.]
-
-[Footnote 55: Lewin, _Wild Races of South-Eastern India_, p. 201.]
-
-[Footnote 56: Dalton, _Ethnology of Bengal_, p. 28.]
-
-[Footnote 57: Garcilasso de la Vega, _First Part of the Royal
-Commentaries of the Yncas_, i. 308.]
-
-[Footnote 58: Müller, _History of the Doric Race_, ii. 302.
-Hearn, _The Aryan Household_, p. 156 _sq._]
-
-[Footnote 59: Gaius, _Institutiones_, i. 56.]
-
-{379} Prohibitions of intermarriage also very often relate to
-persons belonging to different classes or castes of the same
-community.[60] To mention a few instances. The wild tribes of
-Brazil consider alliances between slaves and freemen highly
-disgraceful.[61] In Tahiti, if a woman of condition chose an
-inferior person as her husband, the children he had by her were
-killed.[62] In the Malay Archipelago marriages between persons of
-different rank are, as a rule, disapproved of, and in some places
-prohibited.[63] In India intermarriage between different castes,
-though formerly permissible, is now altogether prohibited.[64] In
-Rome plebeians and patricians could not intermarry till the year
-445 B.C., nor were marriages allowed between patricians and
-clients; and Cicero himself disapproved of intermarriages of
-_ingenui_ and freedmen.[65] Among the Teutonic peoples in ancient
-times any freeman who married a slave became a slave himself.[66]
-As late as the thirteenth century a German woman who had
-intercourse with a serf lost her liberty;[67] and both in Germany
-and Scandinavia, when the nobility emerged as a distinct order
-from the class of freemen, marriages between persons of noble
-birth and persons who, although free, were not noble came to be
-considered misalliances.[68] Even in modern Europe there survive
-traces of the former class endogamy. According to German Civil
-Law, the marriage of a man belonging to the high nobility with a
-woman of inferior birth is still regarded as a _disparagium_, and
-the woman is not entitled to the rank of her husband, nor is the
-full right of inheritance possessed by her or her children.[69]
-Although in no way prevented by law, marriages out of {380} the
-class are generally avoided by custom. As Sir Henry Maine
-observes, "the outer or endogamous limit, within which a man or
-woman must marry, has been mostly taken under the shelter of
-fashion or prejudice. It is but faintly traced in England, though
-not wholly obscured. It is (or perhaps was) rather more
-distinctly marked in the United States, through prejudices
-against the blending of white and coloured blood. But in Germany
-certain hereditary dignities are still forfeited by a marriage
-beyond the forbidden limits; and in France, in spite of all
-formal institutions, marriages between a person belonging to the
-noblesse and a person belonging to the _bourgeoisie_
-(distinguished roughly from one another by the particle 'de') are
-wonderfully rare, though they are not unknown."[70]
-
-[Footnote 60: Westermarck, _op. cit._ p. 368 _sqq._]
-
-[Footnote 61: von Martius, _Beiträge zur Ethnographie Amerika's_,
-i. 71. von Spix and von Martius, _Travels in Brazil_, ii. 74.]
-
-[Footnote 62: Ellis, _Polynesian Researches_, i. 256. Cook,
-_Voyage to the Pacific Ocean_, ii. 171 _sq._]
-
-[Footnote 63: Westermarck, _op. cit._ p. 371.]
-
-[Footnote 64: Monier-Williams, _Hinduism_, p. 155.]
-
-[Footnote 65: Mommsen, _History of Rome_, i. 371. Rossbach,
-_op. cit._ pp. 249, 456 _sq._]
-
-[Footnote 66: Winroth, _Äktenskapshindren_, p. 227.]
-
-[Footnote 67: _Ibid._ p. 230 _sq._ Weinhold, _Deutsche Frauen in
-dem Mittelalter_, i. 349, 353 _sq._]
-
-[Footnote 68: Weinhold, _op. cit._ i. 349 _sq._]
-
-[Footnote 69: Behrend, in von Holtzendorff, _Encyclopädie der
-Rechtswissenschaft_, i. 478.]
-
-[Footnote 70: Maine, _Dissertations on Early Law and Custom_,
-p. 224 _sq._]
-
-Religion, also, has formed a great bar to intermarriage. Among
-Muhammedans a marriage between a Christian man and a Muhammedan
-woman is not permitted under any circumstances, whereas it is
-held lawful for a Muhammedan to marry a Christian or a Jewish,
-but not a heathen, woman, if induced to do so by excessive love
-of her, or if he cannot obtain a wife of his own religion.[71]
-The Jewish law does not recognise marriage with a person of
-another belief;[72] and during the Middle Ages marriage between
-Jews and Christians was prohibited by the Christians also.[73]
-St. Paul indicates that a Christian was not allowed to marry a
-heathen.[74] Tertullian calls such an alliance fornication;[75]
-and in the fourth century the Council of Elvira forbade Christian
-parents to give their daughters in marriage to heathens.[76] Even
-the adherents of different Christian confessions have been
-prohibited from intermarrying. In {381} the Roman Catholic Church
-the prohibition of marriage with heathens and Jews was soon
-followed by the prohibition of "mixed marriages," and Protestants
-likewise forbade such unions.[77] Mixed marriages are not now
-contrary to the civil law either among Roman Catholic or
-Protestant nations, but in countries belonging to the Orthodox
-Greek Church ecclesiastical restrictions have been adopted, and
-are still recognised, by the State.[78]
-
-[Footnote 71: Lane, _Manners and Customs of the Modern
-Egyptians_, i. 123. d'Escayrac de Lauture, _Die afrikanische
-Wüste_, p. 68.]
-
-[Footnote 72: Frankel, _Grundlinien des mosaisch-talmudischen
-Eherechts_, p. xx. Ritter, _Philo und die Halacha_, p. 71.]
-
-[Footnote 73: Andree, _Zur Volkskunde der Juden_, p. 48.
-Neubauer, 'Notes on the Race-Types of the Jews,' in _Jour. Anthr.
-Inst._ xv. 19.]
-
-[Footnote 74: _1 Corinthians_, vii. 39.]
-
-[Footnote 75: Tertullian, _Ad uxorem_, ii. 3 (Migne, _Patrologiæ
-cursus_, i. 1292 _sq._).]
-
-[Footnote 76: _Concilium Eliberitanum_, cap. 15 _sq._
-(Labbe-Mansi, _Sacrorum Conciliorum collectio_, ii. 8). See also
-Müller, _Das sexuelle Leben der christlichen Kulturvölker_, p. 54.]
-
-[Footnote 77: Winroth, _op. cit._ p. 213 _sqq._]
-
-[Footnote 78: _Ibid._ p. 220 _sq._]
-
-The endogamous rules are in the first place due to the proud
-antipathy people feel to races, nations, classes, or religions
-different from their own. He who breaks such a rule is regarded
-as an offender against the circle to which he belongs. He hurts
-its feelings, he disgraces it at the same time as he disgraces
-himself. Irregular connections outside the endogamous circle are
-often looked upon with less intolerance than marriage, which
-places the parties on a more equal footing. A traveller relates
-that at Djidda, where sexual morality is held in little respect,
-a Bedouin woman may yield herself for money to a Turk or
-European, but would think herself for ever dishonoured if she
-were joined to him in lawful wedlock.[79] In Rome _contubernium_,
-but not marriage, could take place between freemen and
-slaves.[80] And among ourselves public opinion regards it as a
-much more lenient offence if a royal person keeps a woman of
-inferior rank as his concubine than if he marries her.
-
-[Footnote 79: de Gobineau, _Moral and Intellectual Diversity of
-Races_, p. 174, n. 1. _Cf._ d'Escayrac de Lauture, _op. cit._
-p. 155.]
-
-[Footnote 80: Westermarck, _op. cit._ p. 372.]
-
-Modern civilisation tends more or less to pull down the barriers
-which separate races, nations, the various classes of society,
-and the adherents of different religions. The endogamous rules
-have thus become less stringent and less restricted. Whilst
-civilisation has narrowed the inner limit within which a man or
-woman must not marry, it has widened the outer limit within which
-a man or woman may marry, and generally marries. The latter of
-these processes has been one of vast importance in man's history.
-{382} Originating in race- or class-pride, or in religious
-intolerance, the endogamous rules have in their turn helped to
-keep up and to strengthen these feelings. Frequent intermarriages,
-on the other hand, must have the very opposite effect.
-
-Like the rules referring to the choice of partners, so the modes
-of contracting marriage and the ideas as to what in this respect
-is right and proper have undergone successive changes. The
-practice of capturing wives prevails in certain parts of the
-world, and traces of it are met with in the marriage ceremonies
-of several peoples, indicating that it occurred more frequently
-in past ages.[81] This practice, as it seems to me, has chiefly
-sprung from the aversion to close intermarriage, together with
-the difficulty a savage man may have in procuring a wife in a
-friendly manner, without giving compensation for the loss he
-inflicts on her family. We may imagine that it chiefly occurred
-at a stage of social growth where family ties had become
-stronger, and man lived in small groups of nearly related
-persons, but where the idea of barter had scarcely presented
-itself to his mind. Yet there is no reason to think that capture
-was at any period the exclusive form of contracting marriage; its
-prevalence seems to have been much exaggerated by McLennan and
-his school.[82] It is impossible to believe that there ever was a
-time when friendly negotiations between families who could
-intermarry were altogether unknown. The custom prevalent among
-many savage tribes of a husband taking up his abode in his wife's
-family seems to have arisen very early in man's history.
-
-[Footnote 81: Westermarck, _op. cit._ ch. xvii.]
-
-[Footnote 82: Dr. Grosse (_Die Formen der Familie_, p. 105) goes
-so far as to believe that marriage by capture has never been a
-form of marriage recognised by custom or law, but only an
-occasional and punishable act of violence. But, as Dr. Havelock
-Ellis justly observes (_Studies in the Psychology of Sex_,
-'Analysis of the Sexual Impulse,' p. 62, n. 2), this position is
-too extreme.]
-
-Among most uncivilised peoples now existing a man has, in some
-way or other, to give compensation for his bride.[83] The
-simplest way of purchasing a wife is to give a kinswoman in
-exchange for her--a practice prevalent among {383} Australian
-tribes. Much more common is the custom of obtaining a wife by
-services rendered to her father, the man taking up his abode with
-the family of the girl for a certain time, during which he works
-as a servant. But the ordinary compensation for a girl is
-property paid to her father, or in some cases to her uncle, or to
-some other relatives as well as to the father. Marriage by
-exchange or purchase is not only general among existing lower
-races; it occurs, or formerly occurred, among semi-civilised
-nations of a higher culture as well--in Central America and Peru,
-in China and Japan, in the various branches of the Semitic race,
-in the past history of all so-called Aryan peoples. We have no
-evidence that it is a stage through which every race has passed;
-we notice its absence among some of the rudest races with whom we
-are acquainted. Yet with much more reason than marriage by
-capture, purchase of wives may be said to form a general stage in
-the social history of mankind. Although the two practices may
-occur simultaneously, the former seems more often to have
-succeeded the latter, as barter in general has followed upon
-robbery. It has been suggested that the transition from marriage
-by capture to marriage by purchase was brought about in the
-following way: abduction, in spite of parents, was the primary
-form; then there came the offering of compensation to escape
-vengeance; and this grew eventually into the making of presents
-or paying a sum beforehand.[84] The price was a compensation for
-the loss sustained in the giving up of the girl and a
-remuneration for the expenses incurred in her maintenance till
-the time of her marriage. The girl was regarded more or less in
-the light of property, to take her away from her owner without
-his consent was theft. To claim a compensation for her was his
-right, or even his duty. The Indians in Columbia consider it in
-the highest degree disgraceful to the girl's family if she is
-given away without a price;[85] and in certain tribes of
-California {384}"the children of a woman for whom no money was
-paid are accounted no better than bastards, and the whole family
-are condemned."[86]
-
-[Footnote 83: Westermarck, _op. cit._ p. 390 _sqq._]
-
-[Footnote 84: Koenigswarter, _Études historiques sur le
-developpement de la société humaine_, p. 53. Spencer, _Principles
-of Sociology_, i. 625.]
-
-[Footnote 85: Bancroft, _Native Races of the Pacific States_, i.
-277. _Cf._ von Weber, _Vier Jahre in Afrika_, ii. 215 _sq._
-(Kafirs).]
-
-[Footnote 86: Powers, _Tribes of California_, pp. 22, 56.]
-
-With progressing civilisation, however, the practice of
-purchasing wives has been gradually abandoned, and come to be
-looked upon as infamous. The wealthier classes took the first
-step, and poorer and ruder persons subsequently followed their
-examples. Thus in India, in ancient times, the Âsura form, or
-marriage by purchase, was lawful for all the four castes.
-Afterwards it fell into disrepute, and was prohibited among the
-Brâhmanas and Kshatriyas, whereas it was still approved of in the
-case of a Vaisya and a Sûdra. But in the 'Laws of Manu' it is
-forbidden altogether.[87] It is said there, "No father who knows
-the law must take even the smallest gratuity for his daughter;
-for a man who, through avarice, takes a gratuity, is a seller of
-his offspring."[88] The Greeks of the historical age had ceased
-to buy their wives. In Rome _confarreatio_, which suggested no
-idea of purchase, was in the very earliest known time the form of
-marriage in force among the patricians; and among clients and
-plebeians, also, the purchase of wives came to an end in remote
-antiquity, surviving as a mere symbol in their _coëmptio_.[89]
-Among the Germans marriage by purchase was abolished only after
-their conversion to Christianity.[90] In the Talmudic law the
-purchase of wives appears as merely symbolical, the bride-price
-being fixed at a nominal amount.[91] In China, although marriage
-presents correspond exactly to purchase-money in a contract of
-sale, the people will not hear of their being called a
-"price";[92] which shows that here, too, some feeling of shame is
-attached to the idea of selling a daughter.
-
-[Footnote 87: _Laws of Manu_, iii. 23 _sqq._]
-
-[Footnote 88: _Ibid._ iii. 51. _Cf._ _ibid._ ix. 93, 98.]
-
-[Footnote 89: Rossbach, _op. cit._ pp. 92, 146, 248, 250, &c.]
-
-[Footnote 90: Grimm, _Deutsche Rechtsalterthümer_, p. 424.]
-
-[Footnote 91: Gans, _Erbrecht_, i. 138.]
-
-[Footnote 92: Jamieson, 'Marriage Laws,' in _China Review_,
-x. 78 n.*]
-
-We may discern two different ways in which this {385} gradual
-disappearance of marriage by purchase has taken place. On the one
-hand, the purchase became a symbol, appearing as a sham sale in
-the marriage ceremonies or as an exchange of presents; on the
-other hand, the purchase sum was transformed into the morning
-gift and the dotal portion, a part--afterwards the whole--being
-given to the bride either directly by the bridegroom or by her
-father. These transformations of marriage by purchase have taken
-place not only in the history of the civilised nations, but among
-several peoples who are still in a savage or semi-civilised
-state; and of a few of them it is expressly stated that they
-consider marriage by purchase a disgraceful practice.[93]
-
-[Footnote 93: Westermarck, _op. cit._ p. 405 _sqq._]
-
-From marriage by purchase we have thus come to the practice of
-dower, which is apparently the very reverse of it. But whilst the
-marriage portion partly derives its origin from the purchase of
-wives, it does not do so in every case. It serves different ends,
-often indissolubly mixed up together. It may have the meaning of
-a return gift. It may imply that the wife as well as the husband
-is expected to contribute to the expenses of the joint household.
-It is also very often intended to be a settlement for the wife in
-case the marriage be dissolved through the husband's death or
-otherwise.[94] In the social history of the civilised races the
-marriage portion has played so prominent a part, that, as we have
-spoken of a stage of marriage by purchase, we may speak of
-another and later stage where fathers are bound by custom or law
-to portion their daughters. The Jews[95] and Muhammedans[96]
-consider it a religious duty for a man to give a dower to his
-daughter. In Greece the dowry came to be thought almost necessary
-to make the distinction between a wife and a concubine.[97]
-Isaeus says that no decent man would give his legitimate daughter
-less than a tenth of his {386} property;[98] indeed, so great
-were the dowers given that in the time of Aristotle nearly two
-fifths of the whole territory of Sparta were supposed to belong
-to women.[99] In Rome, even more than in Greece, the marriage
-portion became a mark of distinction for a legitimate wife;[100]
-and though later on Justinian in several of his constitutions
-declares that _dos_ is obligatory for persons of high rank
-only,[101] the old custom did not fall into desuetude.[102] The
-Prussian 'Landrecht' still prescribes that the father, or
-eventually the mother, shall arrange about the wedding and fit up
-the house of the newly-married couple.[103] According to the
-'Code Napoléon,' on the other hand, parents are not bound to give
-a dower to their daughters,[104] and the same principle is
-generally adopted by modern legislation. It is true that
-especially in the so-called Latin countries there is still a
-strong tendency to dotation,[105] but another feeling, in some
-measure opposed to it, is gaining ground everywhere. In a society
-where monogamy is prescribed by law, where the adult women
-outnumber the adult men, where many men never marry, and where
-married women too often lead an indolent life--in such a society
-the marriage portion in many cases becomes a purchase-sum by
-means of which a father buys a husband for his daughter, as
-formerly a man bought a wife from her father. But, as Mr.
-Sutherland observes, "that pecuniary interests, either on one
-side or on the other, should conspicuously enter into the motives
-which lead to marriage, becomes repulsive to the increasing
-delicacy of feeling; and so we find that in cultured communities
-the dowry dies out, just as the purchase-money declined in the
-civilised stages."[106]
-
-[Footnote 94: _Ibid._ p. 411 _sqq._]
-
-[Footnote 95: Mayer, _Rechte der Israeliten_, ii. 344.]
-
-[Footnote 96: _Koran_, iv. 3.]
-
-[Footnote 97: Cauvet, 'L'organisation de la famille à Athènes,'
-in _Revue de législation et de jurisprudence_, xxiv. 152. Potter,
-_Archæologia Græca_, ii. 268. _Cf._ Meier and Schömann, _Der
-attische Process_, p. 513 _sq._]
-
-[Footnote 98: Isaeus, _Oratio de Pyrrhi hereditate_, 51, p. 43.]
-
-[Footnote 99: Aristotle, _Politica_, ii. 9, p. 1270 a.]
-
-[Footnote 100: Laboulaye, _Recherches sur la condition civile et
-politique des femmes_, p. 38 _sq._ Ginoulhiac, _Histoire du
-régime dotal_, p. 66. Meier and Schömann, _op. cit._ p. 513 _sq._]
-
-[Footnote 101: Ginoulhiac, _op. cit._ p. 103.]
-
-[Footnote 102: For _dos necessaria_ in Germany during the Middle
-Ages, see Mittermaier, _Grundsätze des gemeinen deutschen
-Privatrechts_, ii. 3.]
-
-[Footnote 103: Eccius, in von Holtzendorff, _Encyclopädie der
-Rechtswissenschaft_, ii. 414.]
-
-[Footnote 104: _Code Napoléon_, art. 204.]
-
-[Footnote 105: See Maine, _Early History of Institutions_, p. 339.]
-
-[Footnote 106: Sutherland, _Origin and Growth of the Moral
-Instinct_, i. 243.]
-
-{387} Whilst most of the lower animal species are by instinct
-either monogamous or polygynous, with man every possible form of
-marriage occurs. There are marriages of one man with one woman
-(monogamy), of one man with many women (polygyny), of many men
-with one woman (polyandry), and, in a few exceptional cases, of
-many men with many women.[107]
-
-[Footnote 107: Westermarck, _op. cit._ ch. xx.]
-
-Among the causes by which the forms of marriage are influenced
-the numerical proportion between the sexes plays an important
-part. Polyandry seems to be due chiefly to a surplus of men,
-though it prevails only where the circumstances are otherwise in
-favour of it.[108] It presupposes an abnormally feeble
-disposition to jealousy, and has probably at all times been
-exceptional in the human race. There is no solid evidence for the
-theory set forth by McLennan that it was the rule in early
-times.[109] On the contrary, this form of marriage seems to
-require a certain degree of civilisation; we have no trustworthy
-account of its occurrence among the lowest savages. In
-polyandrous families the husbands are most frequently brothers,
-and the eldest brother, at least in many cases, has the
-superiority. It seems a fair conclusion that in such instances
-polyandry was originally an expression of fraternal benevolence
-on the part of the eldest brother, or of urgent demands on the
-part of the younger ones, who otherwise, on account of the
-scarcity of women, would have to live unmarried. If additional
-wives were afterwards acquired, they would naturally be
-considered the common property of all the brothers; and in this
-way the group marriage of the Toda type seems to have
-evolved.[110] Polygyny, also, is to some extent dependent upon
-the proportion between the sexes. It has been observed in India
-that polyandry occurs in those parts of the country where the
-males outnumber the females, polygyny in those {388} where the
-reverse is the case.[111] Indeed, in countries unaffected by
-European civilisation polygyny is likely to prevail wherever
-there is a majority of women. But the proportion between the
-sexes is only one cause out of many to which polygyny is due.
-
-[Footnote 108: _Ibid._ p. 482.]
-
-[Footnote 109: McLennan, 'The Levirate and Polyandry,' in
-_Fortnightly Review_, N.S. xxi. 703 _sqq._ _Idem_, _Studies in
-Ancient History_, p. 112 _sq._]
-
-[Footnote 110: Westermarck, _op. cit._ p. 510 _sqq._ See also
-Rivers, _Todas_, pp. 515, 519, 521.]
-
-[Footnote 111: Goehlert, 'Die Geschlechtsverschiedenheit der
-Kinder in den Ehen,' in _Zeitschr. f. Ethnologie_, xiii. 127.]
-
-There are several reasons why a man may desire to possess more
-than one wife.[112] Monogamy requires from him periodical
-continence, not only for a certain time every month, but among
-many peoples during the pregnancy of his wife, and as long as she
-suckles her child. One of the chief causes of polygyny is the
-attraction which female youth and beauty exercise upon a man; and
-at the lower stages of civilisation women generally become old
-much sooner than in more advanced communities. The liking of men
-for variety is also a potent factor; the Negroes of Angola
-asserted that they "were not able to eat always of the same
-dish."[113] We must further take into account men's desire for
-offspring, wealth, and authority. The barrenness of a wife is a
-very common reason for the choice of a new partner; the polygyny
-of the ancient Hindus seems to have been due chiefly to the fact
-that men dreaded the idea of dying childless, and even now in the
-East the desire for offspring is one of the principal causes of
-polygyny.[114] The more wives, the more children; and the more
-children, the greater power. In early civilisation a man's
-relations and connections are often his only friends; and where
-slavery does not prevail, next to a man's wives the real servant,
-the only to be counted upon, is the child. Moreover, a man's
-fortune is increased by a multitude of wives not only through
-their children, but through their work. Manual labour among
-savages is undertaken largely by women; and when neither slaves
-nor persons who will work for hire can be procured, {389} it
-becomes necessary for any man who requires many servants to have
-many wives.
-
-[Footnote 112: Westermarck, _op. cit._ p. 483 _sqq._]
-
-[Footnote 113: Merolla da Sorrento, 'Voyage to Congo,' in
-Pinkerton, _Collection of Voyages_, xvi. 299.]
-
-[Footnote 114: Wallin, _Reseanteckningar från Orienten_, iii.
-267. Le Bon, _La civilisation des Arabes_, p. 424. Gray, _China_,
-i. 184.]
-
-Nevertheless, however desirable polygyny may be from the man's
-point of view, it is altogether prohibited among many peoples,
-and in countries where it is an established institution it is
-practised--as a rule to which there are few exceptions--only by a
-comparatively small class.[115] The proportion between the sexes
-partly accounts for this, but there are other causes of no less
-importance.[116] Where the amount of female labour is limited and
-no accumulated property exists, it may be very difficult for a
-man to keep a plurality of wives. Again, where female labour is
-of considerable value, the necessity of paying the purchase-sum
-for a wife is a hindrance to polygyny which can be overcome only
-by the wealthier men. There are, moreover, certain factors of a
-psychical character which are unfavourable to polygyny. When love
-depends on external attractions only, it is necessarily fickle;
-but when it implies sympathy arising from mental qualities, there
-is a tie between husband and wife which lasts long after youth
-and beauty are gone. As another obstacle to polygyny we have to
-note the true monogamous sentiment, the absorbing passion for
-one, which is not unknown even among savage races. Polygyny is
-finally checked by the respect in which women are held by men.
-Jealousy is not exclusively a masculine passion, and it is the
-ambition of every wife to be the mistress of her husband's house.
-Hence where women have succeeded in obtaining some power over
-their husbands, or where the altruistic feelings of men have
-become refined enough to lead them to respect the feelings of
-those weaker than themselves, monogamy is frequently the result.
-
-[Footnote 115: Westermarck, _op. cit._ p. 435 _sqq._]
-
-[Footnote 116: _Ibid._ p. 493 _sqq._]
-
-It is certain that polygyny has been less prevalent at the lowest
-stages of civilisation--where wars do not seriously disturb the
-proportion of the sexes, where life is chiefly supported by
-hunting and female labour is consequently of slight value, and
-where there is no accumulation of wealth {390} and no distinction
-of class--than it is at somewhat higher stages.[117] The more
-advanced savages and barbarians seem to indulge in this practice
-to a greater extent than the lower ones, many, or most, of whom
-are either little addicted to polygyny or strictly monogamous.
-Various forest tribes in Brazil are monogamous,[118] and so are
-several of the Californian tribes--"a humble and a lowly race, . . .
-one of the lowest on earth."[119] Thus the Karok do not allow
-bigamy even to a chief; and though a man may own as many women
-for slaves as he can purchase, he brings obloquy on himself if he
-cohabits with more than one.[120] Among the Veddahs[121] and
-Andaman Islanders[122] monogamy is as rigidly insisted upon as
-any where in Europe. The natives of Kar Nicobar "have but one
-wife, and look upon unchastity as a very deadly sin."[123] Among
-the Koch and Old Kukis polygyny and concubinage are
-forbidden;[124] whilst among some other aboriginal tribes in
-India a man, though not expressly forbidden to have many wives,
-is blamed if he has more than one.[125] Among the Karens of
-Burma[126] and certain tribes of Indo-China, the Malay Peninsula,
-and the Indian Archipelago, polygyny is said either to be
-prohibited or unknown.[127] The Hill Dyaks marry but one wife,
-and a chief who once broke through this custom lost all his
-influence.[128] In Australia there are said to be some truly
-monogamous tribes;[129] in the Birria tribe, for instance, "the
-possession of more than one wife is absolutely forbidden, or was
-so before the coming of the whites."[130] {391} Monogamy is all
-the more likely to have been the general rule among our earliest
-human ancestors as it seems to be so among the man-like apes.
-Darwin certainly mentions the gorilla as a polygamist;[131] but
-the majority of statements we have regarding this animal are to
-the opposite effect. Relying on the most trustworthy authorities,
-Professor Hartmann says, "The gorilla lives in a society
-consisting of male and female and their young of varying ages."[132]
-
-[Footnote 117: Westermarck, _op. cit._ p. 505 _sqq._]
-
-[Footnote 118: von Martius, _op. cit._ i. 274, 298. Wallace,
-_Travels on the Amazon_, pp. 509, 515 _sqq._ Waitz,
-_Anthropologie der Naturvölker_, iii. 472.]
-
-[Footnote 119: Powers, _op. cit._ pp. 5, 56, 406. Wilkes, _U. S.
-Exploring Expedition_, v. 188.]
-
-[Footnote 120: Powers, _op. cit._ p. 22.]
-
-[Footnote 121: Bailey, in _Trans. Ethn. Soc._ N.S. ii. 291 _sq._
-Hartshorne, in _Indian Antiquary_, viii. 320.]
-
-[Footnote 122: Man, in _Jour. Anthr. Inst._ xii. 135.]
-
-[Footnote 123: Distant, _ibid._ iii. 4.]
-
-[Footnote 124: Dalton, _op. cit._ p. 91. Stewart, 'Notes on
-Northern Cachar,' in _Jour. As. Soc. Bengal_, xxiv. 621.]
-
-[Footnote 125: Dalton, _op. cit._ pp. 28, 54. Jellinghaus,
-'Munda-Kolhs in Chota Nagpore,' in _Zeitschr. f. Ethnol._
-iii. 370.]
-
-[Footnote 126: Smeaton, _Loyal Karens of Burma_, p. 81.]
-
-[Footnote 127: Westermarck, _op. cit._ p. 436 _sq._]
-
-[Footnote 128: Low, _Sarawak_, p. 300.]
-
-[Footnote 129: Curr, _Australian Race_, i. 402; ii. 371.]
-
-[Footnote 130: _Ibid._ ii. 378.]
-
-[Footnote 131: Darwin, _Descent of Man_, pp. 217, 590 _sq._]
-
-[Footnote 132: Hartmann, _Die menschenähnlichen Affen_, p. 214.]
-
-Whilst civilisation is thus up to a certain point favourable to
-polygyny, it leads in its higher forms to monogamy. Owing to the
-decrease of wars, the death-rate of the men becomes less, and the
-considerable disproportion between the sexes which among many
-warlike peoples makes polygyny almost a law of nature no longer
-exists among the most advanced nations. No superstitious belief
-keeps the civilised man apart from his wife during her pregnancy
-and while she suckles her child; and the suckling time has become
-much shorter since the introduction of domesticated animals and
-the use of milk. To a cultivated mind youth and beauty are by no
-means the only attractions of a woman; and civilisation has made
-female beauty more durable. The desire for offspring becomes less
-intense. A large family, instead of being a help in the struggle
-for existence, is often considered an insufferable burden. A
-man's kinsfolk are no longer his only friends, and his wealth and
-power do not depend upon the number of his wives and children. A
-wife ceases to be a mere labourer, and manual labour is to a
-large extent replaced by the work of domesticated animals and the
-use of implements and machines. Moreover, the sentiment of love
-becomes more refined, the passion for one more absorbing. The
-feelings of the weaker sex are frequently held in higher regard.
-And the better education bestowed on women enables them to live
-comfortably without the support of a husband.
-
-{392} As for the moral valuation of the various forms of
-marriage, it should be noticed that even among polygynous and
-polyandrous peoples monogamy is permitted by custom or law,
-although in some instances it is associated with poverty and
-considered mean, whereas polygyny, as associated with greatness,
-is thought praiseworthy.[133] Again, the notion that monogamy is
-the only proper form of marriage, and that any other form is
-immoral, is due either to the mere force of habit; or, possibly,
-to the notion that it is wrong of some men to appropriate a
-plurality of wives when others in consequence can get none; or to
-the feeling that polygyny is an offence against the female sex;
-or to the condemnation of lust. As regards the obligatory
-monogamy of Christian nations, we have to remember that monogamy
-was the only recognised form of marriage in the societies on
-which Christianity was first engrafted, and that it was the only
-form that could be tolerated by a religion which regarded every
-gratification of the sexual impulse with suspicion and
-incontinence as the gravest sin. In its early days the Church
-showed little respect for women but its horror of sensuality was
-immense.
-
-[Footnote 133: Spencer, _Principles of Sociology_, i. 657.]
-
-A few words still remain to be said of a form of marriage which
-has of late been the subject of much discussion in connection
-with Australian ethnology. Many years ago attention was drawn to
-the fact that the Kamilaroi tribes in South Australia are divided
-into four classes, in which brothers and sisters are respectively
-Ipai and Ip[=a]tha, K[)u]bi and Kub[)i]tha, M[)u]ri and M[=a]tha,
-Kumbu and B[=u]tha; and that the members of one class are
-forbidden to marry among themselves, but bound to marry into a
-certain other class. Thus Ipai may only marry Kub[)i]tha;
-K[)u]bi, Ip[=a]tha; Kumbu, M[=a]tha; and M[)u]ri, B[=u]tha. In a
-certain sense, we were told, every Ipai is regarded as married,
-not by any individual contract, but by organic law, to every
-Kub[)i]tha; every K[)u]bi to every Ip[=a]tha, and so forth. If,
-for instance, a K[)u]bi meet a stranger Ip[=a]tha, they address
-{393} each other as "spouse"; and "a K[)u]bi thus meeting an
-Ip[=a]tha, though she were of another tribe, would treat her as
-his wife, and his right to do so would be recognised by her
-tribe."[134] The institution according to which the men of one
-division have as wives the women of another division, the Rev. L.
-Fison called "group marriage." He contends that among the natives
-of South Australia it has given way in later times, in some
-measure, to individual marriage. But theoretically, he says,
-marriage is still communal: "it is based upon the marriage of all
-the males in one division of a tribe to all the females of the
-same generation in another division." The chief argument advanced
-by Mr. Fison in support of his theory is grounded on the terms of
-relationship in use in the tribes. These terms belong to the
-"classificatory system" of Mr. Morgan;[135] but he admits that he
-is not aware of any tribe in which the actual practice is to its
-full extent what the terms of relationship imply. "Present
-usage," he says, "is everywhere in advance of the system so
-implied, and the terms are survivals of an ancient right, not
-precise indications of custom as it is."[136] The same is granted
-by Mr. Howitt.[137] Yet I have pointed out, in my criticism of
-the classificatory system, to what absurd results we must be led
-if, guided by such terms, we begin to speculate upon early
-marriage.[138] Moreover, as I have said, "if a K[)u]bi and an
-Ip[=a]tha address each other as spouse, this does not imply that
-in former times every K[)u]bi was married to every Ip[=a]tha
-indiscriminately. On the contrary, the application of such a
-familiar term might be explained from the fact that the women who
-may be a man's wives, and those who cannot possibly be so, stand
-in a widely different relation to him."[139] This suggestion
-derives support from the following statement made by Dr.
-Codrington with reference to the Melanesians:--"Speaking {394}
-generally, it may be said that to a Melanesian man all women, of
-his own generation at least, are either sisters or wives, to the
-Melanesian woman all men are either brothers or husbands. . . .
-It must not be understood that a Melanesian regards all women who
-are not of his own division as, in fact, his wives, or conceives
-himself to have rights which he may exercise in regard to those
-women of them who are unmarried; but the women who may be his
-wives by marriage and those who cannot possibly be so, stand in a
-widely different relation to him."[140]
-
-[Footnote 134: Ridley, _Kámilarói_, p. 161 _sq._ (edit. 1866, p. 35
-_sqq._). Fison and Howitt, _Kamilaroi and Kurnai_, pp. 36, 51, 53.]
-
-[Footnote 135: Fison and Howitt, _op. cit._ p. 60.]
-
-[Footnote 136: _Ibid._ p. 159 _sq._]
-
-[Footnote 137: Howitt, 'Australian Group Relations,' in
-_Smithsonian Report_, 1883, p. 817.]
-
-[Footnote 138: Westermarck, _op. cit._ ch. v.]
-
-[Footnote 139: _Ibid._ p. 56.]
-
-[Footnote 140: Codrington, _Melanesians_, p. 22 _sq._]
-
-More recently Messrs. Spencer and Gillen have shown that a
-marriage system essentially similar to that of the South
-Australian natives prevails in Central Australia; and they, also,
-regard it as a later modification of genuine group marriage.
-Nowadays, they say, the system of individual wives
-prevails--"modified, however, by the practice of customs
-according to which, at certain times, much wider marital
-relations are allowed." But to this rule there is one
-exception:--"In the Urabunna tribe group marriage actually exists
-at the present day, a group of men of a certain designation
-having, not merely nominally but in actual reality, and under
-normal conditions, marital relations with a group of women of
-another special designation"; here "individual marriage does not
-exist either in name or in practice."[141] But, after all, it
-appears that even among the Urabunna every woman is the special
-_Nupa_ of one man, and that certain other men, her _Piraungaru_
-only have a secondary right to her. Thus, if the Nupa man (the
-real, or at all events the chief, husband) be present, the
-Piraungaru (accessory husbands) are allowed to have intercourse
-with her only in case the Nupa man consents.[142] Is this
-modification of the Urabunna group marriage a later development
-from a previous system according to which all the men of a
-certain group had an equal right to all the {395} women of
-another group? Here we are on dangerous ground; nothing is more
-difficult than to decide whether certain customs are survivals or
-not. We find modifications resembling those connected with the
-group marriage of the Urabunna both in polyandry and in polygyny;
-the first husband in a polyandrous family is usually the chief
-husband, and the first wife in a polygynous family is very
-frequently the chief wife. We must certainly not conclude that
-these restrictions have been preceded by an earlier custom which
-gave equal rights to all the husbands or all the wives; on the
-contrary, it is more likely that the higher position granted to
-the first husband or to the first wife is due to the fact that
-monogamy was the usual form of marriage.[143] Similarly the
-Urabunna custom may very well have developed out of ordinary
-individual marriage,[144] and the cause of it may perhaps be, as
-Mr. N. W. Thomas has suggested,[145] the difficulties which an
-Australian native often experiences in getting a wife.[146] As
-for other facts which have been adduced as evidence of Australian
-group marriage in the past, such as the _jus primæ noctis_, &c.,
-I only desire to emphasise the circumstance that extra-matrimonial
-intercourse is practised by the Australian natives in a variety
-of cases the real meaning of which seems obscure. In some
-instances at least, a magic significance appears to be attributed
-to it;[147] and that it is a survival of group marriage, in the
-strict sense of the term, is again only a conjecture.
-
-[Footnote 141: Spencer and Gillen, _Northern Tribes of Central
-Australia_, p. 140. _Iidem_, _Native Tribes of Central
-Australia_, p. 62 _sq._]
-
-[Footnote 142: _Iidem_, _Native Tribes_, p. 110.]
-
-[Footnote 143: Westermarck, _op. cit._ pp. 443-448, 457, 458, 508.]
-
-[Footnote 144: _Cf._ Crawley, _op. cit._ p. 482; Lang, _Social
-Origins_, p. 105 _sq._]
-
-[Footnote 145: Thomas, in a paper read before the Anthropological
-Institute in 1905. _Cf._ _Idem_, _Kinship and Marriage in
-Australia_, p. 138.]
-
-[Footnote 146: See Westermarck, _op. cit._ p. 132 _sq._; _infra_,
-p. 460.]
-
-[Footnote 147: See, _e.g._, Spencer and Gillen, _Northern
-Tribes_, p. 137 _sq._]
-
-I must admit, therefore, that the facts produced by Messrs.
-Spencer and Gillen, and the severe criticism which they have
-passed on my sceptical attitude towards Mr. Fison's group
-marriage theory have not been able to convince me that among the
-Australian aborigines individual marriage has evolved out of a
-previous system of marriage between groups of men and women. Nor
-has Mr. Howitt, {396} in his recent work on the 'Native Tribes of
-South-East Australia,' in my opinion, sufficiently proved that
-such an evolution has taken place.[148] He blames certain
-"ethnologists of the study" for not being willing "to take the
-opinion of men who have first-hand knowledge of the
-natives";[149] but I think we do well in distinguishing between
-statements based on direct observation and the observer's
-interpretation of the stated facts. Even suppose, however, that
-group marriage really was once common in Australia, would that
-prove that it was once common among mankind at large? Mr.
-Hewitt's supposition that the practice of group marriage "will be
-ultimately accepted as one of the primitive conditions of
-mankind"[150] is no doubt shared by a host of anthropologists.
-The group marriage theory will probably for some time to come
-remain the residuary legatee of the old theory of promiscuity;
-the important works which have lately been published on the
-Australian aborigines have made people inclined to view the early
-history of mankind through Australian spectacles. But even the
-most ardent advocate of Australian group marriage should remember
-that the existence of kangurus in Australia does not prove that
-there were once kangurus in England.
-
-[Footnote 148: Mr. Thomas has come to the same result in his book
-on 'Kinship and Marriage in Australia,' which appeared when the
-present chapter was already in type. A detailed examination of
-the facts which have been adduced as evidence of Australian group
-marriage (p. 127 _sqq._) has led him to the conclusion (p. 147)
-that prevailing customs in Australia, far from proving the
-present or former existence of group marriage in that continent,
-do not even render it probable, and that on the terms of
-relationship no argument of any sort can be founded which assumes
-them to refer to consanguinity, kinship, or affinity. "It is
-therefore not rash to say that the case for group marriage, so
-far as Australia is concerned, falls to the ground." See _infra_,
-Addit. Notes.]
-
-[Footnote 149: Howitt, 'Native Tribes of South-East Australia,'
-in _Folk-Lore_, xvii. 185.]
-
-[Footnote 150: _Idem_, _Native Tribes of South-East Australia_, p. 281.]
-
-       *       *       *       *       *
-
-The time during which marriage lasts varies extremely in the
-human race.[151] There are unions which, though legally
-recognised as marriages, do not endure long enough to deserve to
-be so called in the natural history sense of the term; there are
-others which are dissolved only by {397} death. As has already
-been pointed out, it is probable that among primitive men the
-union of the sexes lasted till after the birth of the offspring,
-and we have perhaps some reason to believe that the connection
-lasted for years. On the whole, progress in civilisation has
-tended to make marriage more durable. It is evident that at the
-early stage of development at which women first became valuable
-as labourers, a wife was united with her husband by a new bond
-more lasting than youth and beauty. The tie was strengthened by
-the bride-price and the marriage portion. And a higher
-development of the paternal feeling, better forethought for the
-children's welfare, in some instances greater consideration for
-women, and a more refined love passion have gradually made it
-stronger, until it has become in many cases indissoluble. Yet we
-must not conclude that divorce will in the future be less
-frequent and more restricted by law than it is now in European
-countries. It should be remembered that the laws of divorce in
-Christian Europe owe their origin to an idealistic religious
-commandment which, interpreted in its literal sense, gave rise to
-legal prescriptions far from harmonising with the mental and
-social life of the mass of the people. The powerful authority of
-the Roman Church was necessary to enforce the dogma that marriage
-is indissoluble. The Reformation introduced somewhat greater
-liberty in this respect, and modern legislation has gone further
-in the same direction. In those Christian states of Europe where
-absolute divorce is permitted the grounds on which it may be sued
-for are nearly the same for the man and the woman, except in
-England, where the husband must be accused of one or other of
-several offences besides adultery. In Italy, Spain, and Portugal,
-a judicial separation may always be decreed on the ground of the
-adultery of the wife, but, on the ground of the adultery of the
-husband, only if it has been committed under certain aggravating
-circumstances.[152] These laws imply that marriage is not yet a
-contract on the footing of perfect equality between the sexes;
-but there is {398} a growing opinion that, where it is not, it
-ought to be so. Again, when both husband and wife desire to
-separate, it seems to many enlightened minds that the State has
-no right to prevent them from dissolving the marriage contract,
-provided the children are properly cared for; and that for the
-children, also, it is better to have the supervision of one
-parent only than of two who cannot agree.
-
-[Footnote 151: Westermarck, _op. cit._ ch. xxiii.]
-
-[Footnote 152: Glasson, _Le mariage civil et le divorce_, pp.
-291, 298, 304.]
-
-
-
-
-CHAPTER XLI
-
-CELIBACY
-
-
-AMONG savage and barbarous races of men nearly every individual
-endeavours to marry as soon as he, or she, reaches the age of
-puberty.[1] Marriage seems to them indispensable, and a person
-who abstains from it is looked upon as an unnatural being and is
-disdained. Among the Santals a man who remains single "is at once
-despised by both sexes, and is classed next to a thief, or a
-witch: they term the unhappy wretch 'No man.'"[2] Among the
-Kafirs a bachelor has no voice in the kraal.[3] In the Tupi
-tribes of Brazil no man was suffered to partake in the
-drinking-feast while he remained single.[4] The natives of Futuna
-in the Western Pacific maintained that it was necessary to be
-married in order to hold a part in the happy future life, and
-that the celibates, both men and women, had to submit to a
-chastisement of their own before entering the _fale-mate_, or
-"home of the dead."[5] According to Fijian beliefs, he who died
-wifeless was stopped by the god Nangganangga on the road to
-Paradise, and smashed to atoms.[6]
-
-[Footnote 1: Westermarck, _History of Human Marriage_, p. 134
-_sqq._]
-
-[Footnote 2: Man, _Sonthalia_, p. 101.]
-
-[Footnote 3: von Weber, _Vier Jahre in Afrika_, ii. 215.]
-
-[Footnote 4: Southey, _History of Brazil_, i. 240.]
-
-[Footnote 5: Percy Smith, 'Futuna.' in _Jour. Polynesian Soc._
-i. 39 _sq._]
-
-[Footnote 6: Pritchard, _Polynesian Reminiscences_, pp. 368, 372.
-Seemann, _Viti_, p. 399 _sq._ Fison, 'Fijian Burial Customs,' in
-_Jour. Anthr. Inst._ x. 139. Williams and Calvert, _Fiji_, p.
-206. For other instances see Westermarck, _op. cit._ p. 136, n. 10.]
-
-Among peoples of archaic culture celibacy is likewise a great
-exception and marriage regarded as a duty. In {400} ancient Peru
-marriage was compulsory at a certain age.[7] Among the Aztecs no
-young man lived single till his twenty-second year, unless he
-intended to become a priest, and for girls the customary
-marrying-age was from eleven to eighteen. In Tlascala, we are
-told, the unmarried state was so despised that a grown-up man who
-would not marry had his hair cut off for shame.[8]
-
-[Footnote 7: Garcilasso de la Vega, _First Part of the Royal
-Commentaries of the Yncas_, i. 306 _sq._]
-
-[Footnote 8: Klemm, _Allgemeine Cultur-Geschichte der
-Menschheit_, v. 46 _sq._ Bancroft, _Native Races of the Pacific
-States_, ii. 251 _sq._]
-
-"Almost all Chinese," says Dr. Gray, "robust or infirm,
-well-formed or deformed, are called upon by their parents to
-marry as soon as they have attained the age of puberty. Were a
-grown-up son or daughter to die unmarried, the parents would
-regard it as most deplorable." Hence a young man of marriageable
-age, whom consumption or any other lingering disease had marked
-for its own, would be compelled by his parents or guardians to
-marry at once.[9] So indispensable is marriage considered by the
-Chinese, that even the dead are married, the spirits of all males
-who die in infancy or in boyhood being in due time married to the
-spirits of females who have been cut off at a like early age.[10]
-There is a maxim by Mencius, re-echoed by the whole nation, that
-it is a heavy sin to have no sons, as this would doom father,
-mother, and the whole ancestry in the Nether-world to a pitiable
-existence without descendants enough to serve them properly, to
-worship at the ancestral tombs, to take care of the ancestral
-tablets, and duly to perform all rites and ceremonies connected
-with the departed dead. For a man whose wife has reached her
-fortieth year without bringing him a son, it is an imperative
-duty to take a concubine.[11] In Corea "the male human being who
-is unmarried is never called a man, whatever his age, but goes by
-the name of 'yatow,' a name given by the Chinese to unmarriageable
-young girls; and the man of thirteen or fourteen has a {401}
-perfect right to strike, abuse, order about the 'yatow' of thirty,
-who dares not as much as open his lips to complain."[12]
-
-[Footnote 9: Gray, _China_, i. 186.]
-
-[Footnote 10: _Ibid._ i. 216 _sq._]
-
-[Footnote 11: Giles, _Strange Stories from a Chinese Studio_, i.
-64, n. 10. de Groot, _Religious System of China_, (vol. ii. book)
-i. 617. _Indo-Chinese Gleaner_, iii. 58.]
-
-[Footnote 12: Ross, _History of Corea_, p. 313.]
-
-Among the Semites, also, we meet with the idea that a dead man
-who has no children will miss something in Sh[)e]ol through not
-receiving that kind of worship which ancestors in early times
-appear to have received.[13] The Hebrews looked upon marriage as
-a religious duty.[14] According to the Shulchan Aruch, he who
-abstains from marrying is guilty of bloodshed, diminishes the
-image of God, and causes the divine presence to withdraw from
-Israel; hence a single man past twenty may be compelled by the
-court to take a wife.[15] Muhammedanism likewise regards marriage
-as a duty for men and women; to neglect it without a sufficient
-excuse subjects a man to severe reproach.[16] "When a servant [of
-God] marries," said the Prophet, "verily he perfects half his
-religion."[17]
-
-[Footnote 13: Cheyne, 'Harlot,' in Cheyne and Black,
-_Encyclopædia Biblica_, ii. 1964.]
-
-[Footnote 14: Mayer, _Rechte der Israeliten_, pp. 286, 353.
-Lichtschein, _Ehe nach mosaisch-talmudischer Auffassung_, p. 5
-_sqq._ Klugmann, _Die Frau im Talmud_, p. 39 _sq._]
-
-[Footnote 15: _Schulchan Aruch_, iv. ('Eben haezer') i. 1, 3. See
-also _Yebamoth_, fol. 63 b _sq._, quoted by Margolis, 'Celibacy,'
-in _Jewish Encyclopedia_, iii. 636.]
-
-[Footnote 16: Lane, _Manners and Customs of the Modern
-Egyptians_, i. 197.]
-
-[Footnote 17: _Idem_, _Arabian Society in the Middle Ages_, p. 221.]
-
-The so-called Aryan nations in ancient times, as M. Fustel de
-Coulanges and others have pointed out, regarded celibacy as an
-impiety and a misfortune: "an impiety, because one who did not
-marry put the happiness of the manes of the family in peril; a
-misfortune, because he himself would receive no worship after his
-death." A man's happiness in the next world depended upon his
-having a continuous line of male descendants, whose duty it would
-be to make the periodical offerings for the repose of his
-soul.[18] According to the 'Laws of Manu,' marriage is the
-twelfth Sansk[=a]ra, and as such a religious duty incumbent upon
-all.[19] Among the Hindus of the present day a {402} man who is
-not married is generally considered to be almost a useless member
-of the community, and is indeed looked upon as beyond the pale of
-nature;[20] and the spirits of young men who have died without
-becoming fathers are believed to wander about in a restless
-miserable manner, like people burdened with an enormous debt
-which they are quite unable to discharge.[21] Similar views are
-expressed in Zoroastrianism. Ahura Mazda said to Zoroaster:--"The
-man who has a wife is far above him who lives in continence; he
-who keeps a house is far above him who has none; he who has
-children is far above the childless man."[22] The greatest
-misfortune which could befall an ancient Persian was to be
-childless.[23] To him who has no child the bridge of Paradise
-shall be barred; the first question the angels there will ask him
-is, whether he has left in this world a substitute for himself,
-and if the answer be "No" they will pass by and he will stay at
-the head of the bridge, full of grief. The primitive meaning of
-this is plain: the man without a son cannot enter Paradise
-because there is nobody to pay him the family worship.[24] Ashi
-Vanguhi, a feminine impersonification of piety, and the source of
-all the good and riches that are connected with piety, rejects
-the offerings of barren people--old men, courtesans, and
-children.[25] It is said in the Yasts, "This is the worst deed
-that men and tyrants do, namely, when they deprive maids that
-have been barren for a long time of marrying and bringing forth
-children."[26] And in the eyes of all good Parsis of the present
-day, as in the time of king Darius and the contemporaries of
-Herodotus, the two greatest merits of a citizen are the begetting
-and rearing of a numerous family, and the fruitful tilling of the
-soil.[27]
-
-[Footnote 18: Fustel de Coulanges, _La cité antique_, p. 54 _sq._
-Hearn, _The Aryan Household_, pp. 69, 71. Mayne, _Treatise on
-Hindu Law and Usage_, p. 68 _sq._]
-
-[Footnote 19: _Laws of Manu_, ii. 66 _sq._ Monier-Williams,
-_Indian Wisdom_, p. 246. _Cf._ Mayne, _op. cit._ p. 69.]
-
-[Footnote 20: Dubois, _Description of the Character, &c. of the
-People of India_, p. 132.]
-
-[Footnote 21: Monier-Williams, _Br[=a]hmanism and Hind[=u]ism_,
-p. 243 _sq._]
-
-[Footnote 22: _Vendîdâd_, iv. 47.]
-
-[Footnote 23: Rawlinson, in his translation of Herodotus, i. 262,
-n. 1. _Cf._ Herodotus, i. 133, 136; _Dînâ-î Maînôg-î Khirad_,
-xxxv. 19.]
-
-[Footnote 24: Darmesteter, in _Sacred Books of the East_, iv. 47.
-_Cf._ _Idem_, _Ormazd et Ahriman_, p. 294.]
-
-[Footnote 25: _Yasts_, xvii. 54.]
-
-[Footnote 26: _Ibid._ xvii. 59.]
-
-[Footnote 27: Darmesteter, in _Sacred Books of the East_, iv. p.
-lxii. _Cf._ Ploss-Bartels, _Das Weib_, i. 173.]
-
-{403} The ancient Greeks regarded marriage as a matter both of
-public and private importance.[28] In various places criminal
-proceedings might be taken against celibates.[29] Plato remarks
-that every individual is bound to provide for a continuance of
-representatives to succeed himself as ministers of the
-Divinity;[30] and Isaeus says, "All those who think their end
-approaching look forward with a prudent care that their houses
-may not become desolate, but that there may be some person to
-attend to their funeral rites and to perform the legal ceremonies
-at their tombs."[31] So also the conviction that the founding of
-a house and the begetting of children constituted a moral
-necessity and a public duty had a deep hold of the Roman mind in
-early times.[32] Cicero's treatise 'De Legibus'--which generally
-reproduces in a philosophical form the ancient laws of
-Rome--contains a law according to which the Censors had to impose
-a tax upon unmarried men.[33] But in later periods, when sexual
-morality reached a very low ebb in Rome, celibacy--as to which
-grave complaints were made as early as 520 B.C.--naturally
-increased in proportion, especially among the upper classes.
-Among these marriage came to be regarded as a burden which people
-took upon themselves at the best in the public interest. Indeed,
-how it fared with marriage and the rearing of children is shown
-by the Gracchan agrarian laws, which first placed a premium
-thereon;[34] and later the Lex Julia et Papia Poppaea imposed
-various penalties on those who lived in a state of celibacy after
-a certain age,[35] though with little or no result.[36]
-
-[Footnote 28: Müller, _History and Antiquities of the Doric
-Race_, ii. 300 _sq._ Fustel de Coulanges, _op. cit._ p. 55.
-Hearn, _op. cit._ p. 72. Döllinger, _The Gentile and the Jew_,
-ii. 234 _sq._]
-
-[Footnote 29: Pollux, _Onomasticum_, iii. 48.]
-
-[Footnote 30: Plato, _Leges_, vi. 773.]
-
-[Footnote 31: Isaeus, _Oratio de Apollodori hereditate_, 30, p.
-66. Rohde observes (_Psyche_, p. 228), however, that such a
-belief did not exist in the Homeric age, when the departed souls
-in Hades were supposed to be in no way dependent upon the survivors.]
-
-[Footnote 32: Mommsen, _History of Rome_, i. 74.]
-
-[Footnote 33: Cicero, _De legibus_, iii. 3. Fustel de Coulanges,
-_op. cit._ p. 55.]
-
-[Footnote 34: Mommsen, _op. cit._ iii. 121; iv. 186 _sq._]
-
-[Footnote 35: Rossbach, _Römische Ehe_, p. 418.]
-
-[Footnote 36: Mackenzie, _Studies in Roman Law_, p. 104.]
-
-Celibacy is thus disapproved of for various reasons. It {404}
-appears unnatural. It is taken as an indication of licentious
-habits. Where ancestors are worshipped after their death it
-inspires religious horror: the man who leaves himself without
-offspring shows reckless indifference to the religion of his
-people, to his own fate after death, and to the duties he owes
-the dead, whose spirits depend upon the offerings of their
-descendants for their comfort. The last point of view, as we have
-seen, is particularly prominent among peoples of archaic culture,
-but it is not unknown at a lower stage of civilisation. Thus the
-Eskimo about Behring Strait "appear to have great dread of dying
-without being assured that their shades will be remembered during
-the festivals, fearing if neglected that they would thereby
-suffer destitution in the future life"; hence a pair of childless
-Eskimo frequently adopt a child, so that when they die there will
-be some one left whose duty it will be to make the customary
-feast and offerings to their shades at the festival of the
-dead.[37] Finally, in communities with a keen public spirit,
-especially in ambitious states frequently engaged in war,
-celibacy is regarded as a wrong committed against the State.
-
-[Footnote 37: Nelson, 'Eskimo about Bering Strait,' in _Ann. Rep.
-Bur. Ethn._ xviii. 290.]
-
-Modern civilisation looks upon celibacy in a different light. The
-religious motive for marriage has ceased to exist, the lot of the
-dead being no longer supposed to depend upon the devotion of the
-living. It is said, in a general way, that marriage is a duty to
-the nation or the race, but this argument is hardly applied to
-individual cases. According to modern ideas the union between man
-and woman is too much a matter of sentiment to be properly
-classified among civic duties. Nor does the unmarried state
-strike us as particularly unnatural. The proportion of unmarried
-people is gradually growing larger and the age at which people
-marry is rising.[38] The chief causes of this increasing celibacy
-are the difficulty of supporting a family under present
-conditions of life, and the luxurious {405} habits of living in
-the upper classes of society. Another reason is that the domestic
-circle does not fill so large a place in life as it did formerly;
-the married state has in some measure lost its advantage over the
-single state, and there are many more pleasures now that can be
-enjoyed as well or even better in celibacy. Moreover, by the
-diffusion of a finer culture throughout the community, men and
-women can less easily find any one whom they are willing to take
-as a partner for life; their requirements are more exacting, they
-have a livelier sense of the serious character of the marriage
-union, and they are less willing to contract it from any lower
-motives.[39]
-
-[Footnote 38: Westermarck, _op. cit._ p. 146.]
-
-[Footnote 39: _Ibid._ p. 147 _sqq._ 'Why is Single Life becoming
-more General?' in _The Nation_, vi. 190 _sq._]
-
-Nay, far from enjoining marriage as a duty incumbent upon all,
-enlightened opinion seems to agree that it is a duty for many
-people never to marry. In some European countries the marriages
-of persons in receipt of poor-law relief have been legally
-prohibited, and in certain cases the legislators have gone
-further still and prohibited all marriages until the contracting
-parties can prove that they possess the means of supporting a
-family.[40] The opinion has also been expressed that the State
-ought to forbid the unions of persons suffering from certain
-kinds of disease, which in all probability would be transmitted
-to the offspring. People are beginning to feel that it entails a
-heavy responsibility to bring a new being into existence, and
-that many persons are wholly unfit for such a task.[41] Future
-generations will probably with a kind of horror look back at a
-period when the most important, and in its consequences the most
-far-reaching, function which has fallen to the lot of man was
-entirely left to individual caprice and lust.
-
-[Footnote 40: Lecky, _Democracy and Liberty_, ii. 181.]
-
-[Footnote 41: See Mr. Galton's papers on "Eugenics" and the
-discussions of the subject in _Sociological Papers_, vols. i.
-and ii.]
-
-       *       *       *       *       *
-
-Side by side with the opinion that marriage is a duty for all
-ordinary men and women we find among many peoples {406} the
-notion that persons whose function it is to perform religious or
-magical rites must be celibates.[42] The Thlinkets believe that
-if a shaman does not observe continuous chastity his own guardian
-spirits will kill him.[43] In Patagonia the male wizards were not
-allowed to marry.[44] In some tribes of the Guaranies of Paraguay
-"the female Payes were bound to chastity, or they no longer
-obtained credit."[45] Celibacy was compulsory on the priests of
-the Chibchas in Bogota.[46] The Tohil priests in Guatemala were
-vowed to perpetual continence.[47] In Ichcatlan the high-priest
-was obliged to live constantly within the temple, and to abstain
-from commerce with any woman whatsoever; and if he failed in this
-duty he was cut in pieces, and the bloody limbs were given as a
-warning to his successor.[48] Of the women who held positions in
-the temples of ancient Mexico we are told that their chastity was
-most zealously guarded; during the performance of their duties
-they were required to keep at a proper distance from the male
-assistants, at whom they did not even dare to glance. The
-punishment to be inflicted upon those who violated their vow of
-chastity was death; whilst, if their trespass remained entirely
-secret, they endeavoured to appease the anger of the gods by
-fasting and austerity of life, dreading that in punishment of
-their crime their flesh would rot.[49] In Yucatan there was,
-connected with the worship of the sun, an order of vestals the
-members of which generally enrolled themselves for a certain
-time, but were afterwards allowed to leave and enter the married
-state. Some of them, however, remained for ever in the service of
-the temple and were apotheosised. Their duty was to attend to the
-sacred fire, and to keep strictly chaste, {407} those who broke
-their vows being shot to death with arrows.[50] In Peru there
-were likewise virgins dedicated to the sun, who lived in
-perpetual seclusion to the end of their lives, who preserved
-their virginity and were forbidden to converse or have sexual
-intercourse with or to see any man, or even any woman who was not
-one of themselves.[51] And besides the virgins who thus professed
-perpetual virginity in the monasteries, there were other women,
-of the blood royal, who led the same life in their own houses,
-having taken a vow of continence. These women "were held in great
-veneration for their chastity and purity, and, as a mark of
-worship and respect, they were called _Ocllo_, which was a name
-held sacred in their idolatry"; but if they lost their virtue,
-they were burnt alive or cast into "the lake of lions."[52]
-
-[Footnote 42: Some instances of this are stated by Landtman,
-_Origin of Priesthood_, p. 156 _sq._]
-
-[Footnote 43: Veniaminof, quoted by Landtman, _op. cit._ p. 156.]
-
-[Footnote 44: Falkner, _Description of Patagonia_, p. 117.]
-
-[Footnote 45: Southey, _History of Brazil_, ii. 371.]
-
-[Footnote 46: Simon, quoted by Dorman, _Origin of Primitive
-Superstitions_, p. 384.]
-
-[Footnote 47: Bancroft, _op. cit._ iii. 489.]
-
-[Footnote 48: Clavigero, _History of Mexico_, i. 274.]
-
-[Footnote 49: _Ibid._ i. 275 _sq._ Torquemada, _Monarchia
-Indiana_, ii. 188 _sqq._ Bancroft, _op. cit._ iii. 435 _sq._
-_Cf._ Acosta, _History of the Indies_, ii. 333 _sq._]
-
-[Footnote 50: Bancroft, _op. cit._ iii. 473. Lopez Cogolludo,
-_Historia de Yucathan_, p. 198.]
-
-[Footnote 51: Garcilasso de la Vega, _op. cit._ i. 291 _sqq._]
-
-[Footnote 52: _Ibid._ i. 305.]
-
-Among the Guanches of the Canary Islands there were virgins,
-called Magades or Harimagades, who presided over the cult under
-the direction of the high-priest, and there were other virgins,
-highly respected, whose function was to pour water over the heads
-of newborn children, and who could abandon their office and marry
-whenever they pleased.[53] The priestesses of the Tshi- and
-E[(w]e-speaking peoples on the West Coast of Africa are forbidden
-to marry.[54] In a wood near Cape Padron, in Lower Guinea, lives
-a priestly king who is allowed neither to leave his house nor to
-touch a woman.[55]
-
-[Footnote 53: Bory de St. Vincent, _Essais sur les Isles
-Fortunées_, p. 96 _sq._]
-
-[Footnote 54: Ellis, _Tshi-speaking Peoples_, p. 121. _Idem_,
-_E[(w]e-speaking Peoples_, p. 142.]
-
-[Footnote 55: Bastian, _Die deutsche Expedition an der
-Loango-Küste_, i. 287 _sq._]
-
-In ancient Persia there were sun priestesses who were obliged to
-refrain from intercourse with men.[56] The nine priestesses of
-the oracle of a Gallic deity in Sena were devoted to perpetual
-virginity.[57] The Romans had their Vestal virgins, whose office,
-according to tradition, was instituted by Numa. They were
-compelled to continue {408} unmarried during thirty years, which
-time they employed in offering sacrifices and performing other
-rites ordained by the law; and if they suffered themselves to be
-debauched they were delivered up to the most miserable death,
-being placed in a subterraneous cell, in their funeral attire,
-without any sepulchral column, funeral rites, or other customary
-solemnities.[58] After the expiration of the term of thirty years
-they might marry on quitting the ensigns of their priesthood; but
-we are told that very few did this, as those who did suffered
-calamities which were regarded as ominous by the rest, and
-induced them to remain virgins in the temple of the goddess till
-their death.[59] In Greece priestesses were not infrequently
-required to be virgins, if not for their whole life, at any rate
-for the duration of their priesthood.[60] Tertullian writes:--"To
-the Achaean Juno, at the town Aegium, a virgin is allotted; and
-the priestesses who rave at Delphi know not marriage. We know
-that widows minister to the African Ceres; they not only withdraw
-from their still living husbands, but they even introduce other
-wives to them in their own room, all contact with males, even as
-far as the kiss of their sons, being forbidden them. . . . We
-have heard, too, of continent men, and among others the priests
-of the famous Egyptian bull."[61] There were eunuch priests
-connected with the cults of the Ephesian Artemis,[62] the
-Phrygian Cybele,[63] and the Syrian Astarte.[64]
-
-[Footnote 56: Justin, quoted by Justi, 'Die Weltgeschichte des
-Tabari,' in _Das Ausland_, 1875, p. 307.]
-
-[Footnote 57: Pomponius Mela, _De situ orbis_, iii. 6.]
-
-[Footnote 58: Dionysius of Halicarnassus, _Antiquitates Romanæ_,
-ii. 64 _sqq._ Plutarch, _Numa_, x. 7 _sqq._]
-
-[Footnote 59: Dionysius of Halicarnassus, ii. 67.]
-
-[Footnote 60: Strabo, xiv. i. 23. Müller, _Das sexuelle Leben der
-alten Kulturvölker_, p. 44 _sqq._ Blümner, _Home Life of the
-Ancient Greeks_, p. 325. Götte, _Das Delphische Orakel_, p. 78
-_sq._]
-
-[Footnote 61: Tertullian, _Ad uxorem_, i. 6 (Migne, _Patrologiæ
-cursus_, i. 1284). _Idem_, _De exhortatione castitatis_, 13
-(Migne, ii. 928 _sq._). _Cf._ _Idem_, _De monogamia_, 17 (Migne,
-ii. 953).]
-
-[Footnote 62: Strabo, xiv. 1. 23.]
-
-[Footnote 63: Arnobius, _Adversus gentes_, v. 7 (Migne, _op.
-cit._ v. 1095 _sqq._). Farnell, 'Sociological Hypotheses
-concerning the Position of Women in Ancient Religion,' in _Archiv
-f. Religionswiss._ vii. 78.]
-
-[Footnote 64: Lucian, _De dea Syria_, 15, 27, 50 _sqq._]
-
-Among the Todas of the Neilgherry Hills the "dairy man" or priest
-is bound to a celibate existence;[65] and {409} among the Hindus,
-in spite of the great honour in which marriage is held, celibacy
-has always commanded respect in instances of extraordinary
-sanctity.[66] Those of the Sanny[=a]sis who are known to lead
-their lives in perfect celibacy receive on that account marks of
-distinguished honour and respect.[67] Already the time-honoured
-Indian institution of the four [=A]['s]ramas contained the germ
-of monastic celibacy, the Brahmac[=a]rin, or student, being
-obliged to observe absolute chastity during the whole course of
-his study.[68] The idea was further developed in Jainism and
-Buddhism. The Jain monk was to renounce all sexual pleasures,
-"either with gods, or men, or animals"; not to give way to
-sensuality; not to discuss topics relating to women; not to
-contemplate the forms of women.[69] Buddhism regards sensuality
-as altogether incompatible with wisdom and holiness; it is said
-that "a wise man should avoid married life as if it were a
-burning pit of live coals."[70] According to the legend, Buddha's
-mother, who was the best and purest of the daughters of men, had
-no other sons, and her conception was due to supernatural
-causes.[71] One of the fundamental duties of monastic life, by an
-infringement of which the guilty person brings about his
-inevitable expulsion from Buddha's order, is that "an ordained
-monk may not have sexual intercourse, not even with an
-animal."[72] In Tibet some sects of the Lamas are allowed to
-marry, but those who do not are considered more holy; and in
-every sect the nuns must take a vow of absolute continence.[73]
-The Buddhist priests of Ceylon are totally debarred from
-women.[74] Chinese law enjoins celibacy on all priests, Buddhist
-or Taouist.[75] And among the immortals of {410} Taouism there
-are some women also, who have led an extraordinarily ascetic
-life.[76]
-
-[Footnote 65: Thurston, 'Anthropology of the Todas and Kotas,' in
-the Madras Government Museum's _Bulletin_, i. 169, 170, 193.
-Rivers, _Todas_, pp. 80, 99, 236.]
-
-[Footnote 66: Monier-Williams, _Buddhism_, p. 88.]
-
-[Footnote 67: Dubois, _op. cit._ p. 133. _Cf._ Monier-Williams,
-_Br[=a]hmanism and Hind[=u]ism_, p. 261.]
-
-[Footnote 68: Kern, _Manual of Indian Buddhism_, p. 73.]
-
-[Footnote 69: Hopkins, _Religions of India_, p. 294.]
-
-[Footnote 70: Dhammika-Sutta, 21, quoted by Monier-Williams,
-_Buddhism_, p. 88.]
-
-[Footnote 71: Rhys Davids, _Hibbert Lectures on Buddhism_, p. 148.]
-
-[Footnote 72: Oldenberg, _Buddha_, p. 350 _sq._]
-
-[Footnote 73: Wilson, _Abode of Snow_, p. 213.]
-
-[Footnote 74: Percival, _Account of the Island of Ceylon_, p. 202.]
-
-[Footnote 75: _Ta Tsing Leu Lee_, sec. cxiv. p. 118. Medhurst,
-'Marriage in China,' in _Trans. Roy. Asiatic Soc. China Branch_,
-iv. 18. Davis, _China_, ii. 53.]
-
-[Footnote 76: Réville, _La Religion Chinoise_, p. 451 _sq._]
-
-A small class of Hebrews held the idea that marriage is impure.
-The Essenes, says Josephus, "reject pleasure as an evil, but
-esteem continence and the conquest over our passions to be
-virtue. They neglect wedlock."[77] This doctrine exercised no
-influence on Judaism, but probably much upon Christianity. St.
-Paul considered celibacy to be preferable to marriage. "He that
-giveth her (his virgin) in marriage doeth well; but he that
-giveth her not in marriage doeth better."[78] "It is good for a
-man not to touch a woman. Nevertheless, to avoid fornication, let
-each man have his own wife, and let each woman have her own
-husband."[79] If the unmarried and widows cannot contain let them
-marry, "for it is better to marry than to burn."[80] These and
-other passages[81] in the New Testament inspired a general
-enthusiasm for virginity. Commenting on the words of the Apostle,
-Tertullian points out that what is better is not necessarily
-good. It is better to lose one eye than two, but neither is good;
-so also, though it is better to marry than to burn, it is far
-better neither to marry nor to burn.[82] Marriage "consists of
-that which is the essence of fornication";[83] whereas continence
-"is a means whereby a man will traffic in a mighty substance of
-sanctity."[84] The body which our Lord wore and in which He
-carried on the conflict of life in this world He put on from a
-holy virgin; and John the Baptist, Paul, and all the others
-"whose names are in the book of life"[85] cherished and loved
-virginity.[86] Virginity works miracles: Mary, the sister of
-Moses, leading the female band, passed on {411} foot over the
-straits of the sea, and by the same grace Thecla was reverenced
-even by lions, so that the unfed beasts, lying at the feet of
-their prey, underwent a holy fast, neither with wanton look nor
-sharp claw venturing to harm the virgin.[87] Virginity is like a
-spring flower, always softly exhaling immortality from its white
-petals.[88] The Lord himself opens the kingdoms of the heavens to
-eunuchs.[89] If Adam had preserved his obedience to the Creator
-he would have lived for ever in a state of virgin purity, and
-some harmless mode of vegetation would have peopled paradise with
-a race of innocent and immortal beings.[90] It is true that,
-though virginity is the shortest way to the camp of the faithful,
-the way of matrimony also arrives there, by a longer circuit.[91]
-Tertullian himself opposed the Marcionites, who prohibited
-marriage among themselves and compelled those who were married to
-separate before they were received by baptism into the
-community.[92] And in the earlier part of the fourth century the
-Council of Gangra expressly condemned anyone who maintained that
-marriage prevented a Christian from entering the kingdom of
-God.[93] But, at the end of the same century, a council also
-excommunicated the monk Jovinian because he denied that virginity
-was more meritorious than marriage.[94] The use of marriage was
-permitted to man only as a necessary expedient for the
-continuance of the human species, and as a restraint, {412}
-however imperfect, on the natural licentiousness of desire.[95]
-The procreation of children is the measure of a Christian's
-indulgence in appetite, just as the husbandman throwing the seed
-into the ground awaits the harvest, not sowing more upon it.[96]
-
-[Footnote 77: Josephus, _De bello Judaico_, ii. 8. 2. See also
-Solinus, _Collectanea rerum memorabilium_, xxxv. 9 _sq._]
-
-[Footnote 78: _1 Corinthians_, vii. 38.]
-
-[Footnote 79: _Ibid._ vii. 1 _sq._]
-
-[Footnote 80: _Ibid._ vii. 9.]
-
-[Footnote 81: _St. Matthew_, xix. 12. _Revelation_, xiv. 4; &c.]
-
-[Footnote 82: Tertullian, _Ad uxorem_, i. 3 (Migne, _op. cit._ i.
-1278 _sq._). _Idem_, _De monogamia_, 3 (Migne, ii. 932 _sq._).]
-
-[Footnote 83: _Idem_, _De exhortatione castitatis_, 9 (Migne,
-_op. cit._ ii. 925).]
-
-[Footnote 84: _Idem_, _De exhortatione castitatis_, 10 (Migne,
-_op. cit._ ii. 925).]
-
-[Footnote 85: _Philippians_, iv. 3.]
-
-[Footnote 86: St. Clement of Rome, _Epistola I. ad virgines_, 6
-(Migne, _op. cit._ Ser. Græca, i. 392).]
-
-[Footnote 87: St. Ambrose, _Epistola LXIII._ 34 (Migne, _op.
-cit._ xvi. 1198 _sq._).]
-
-[Footnote 88: Methodius, _Convivium decem virginum_, vii. 1
-(Migne, _op. cit._ Ser. Græca, xviii. 125).]
-
-[Footnote 89: Tertullian, _De monogamia_, 3 (Migne, _op. cit._
-ii. 932).]
-
-[Footnote 90: This opinion was held by Gregory of Nyssa and, in a
-later time, by John of Damascus. It was opposed by Thomas
-Aquinas, who maintained that the human race was from the
-beginning propagated by means of sexual intercourse, but that
-such intercourse was originally free from all carnal desire (von
-Eicken, _Geschichte der mittelalterlichen Weltanschauung_, p. 437
-_sq._; see also Gibbon, _History of the Decline and Fall of the
-Roman Empire_, ii. 186).]
-
-[Footnote 91: St. Ambrose, _Epistola LXIII._ 40 (Migne, _op.
-cit._ xvi. 1200).]
-
-[Footnote 92: Tertullian, _Adversus Marcionem_, i. 1, 29; iv. 11;
-&c. (Migne, _op. cit._ ii. 247, 280 _sqq._, 382). _Idem_, _De
-monogamia_, 1, 15 (Migne, ii. 931, 950). _Cf._ Irenaeus, _Contra
-Hæreses_, i. 28. 1 (Migne, _op. cit._ Ser. Græca, vii. 690
-_sq._); Clement of Alexandria, _Stromata_, iii. 3 (Migne, _op.
-cit._ Ser. Græca, viii. 1113 _sqq._).]
-
-[Footnote 93: _Concilium Gangrense_, can. 1 (Labbe-Mansi,
-_Sacrorum Conciliorum collectio_, ii. 1106).]
-
-[Footnote 94: _Concilium Mediolanense_, A.D. 390 (Labbe-Mansi,
-_op. cit._ iii. 689 _sq._).]
-
-[Footnote 95: St. Justin, _Apologia I. pro Christianis_, 29
-(Migne, _op. cit._ Ser. Græca, vi. 373). Clement of Alexandria,
-_Stromata_, ii. 23 (Migne, _op. cit._ Ser. Græca, viii. 1089).
-Gibbon, _op. cit._ ii. 186.]
-
-[Footnote 96: Athenagoras, _Legatio pro Christianis_, 33 (Migne,
-_op. cit._ Ser. Græca, vi. 966).]
-
-These opinions led by degrees to the obligatory celibacy of the
-secular and regular clergy. The conviction that a second marriage
-of a priest, or the marriage of a priest with a widow, is
-unlawful, seems to have existed from the earliest period of the
-Church;[97] and as early as the beginning of the fourth century a
-synod held in Elvira in Spain insisted on the absolute continence
-of the higher ecclesiastics.[98] The celibacy of the clergy in
-general was prescribed by Gregory VII., who "looked with
-abhorrence on the contamination of the holy sacerdotal character,
-even in its lowest degree, by any sexual connection." But in many
-countries this prescription was so strenuously resisted, that it
-could not be carried through till late in the thirteenth century.[99]
-
-[Footnote 97: Lea, _Sacerdotal Celibacy in the Christian Church_,
-p. 37. Lecky, _History of European Morals_, ii. 328 _sq._]
-
-[Footnote 98: _Concilium Eliberitanum_, A.D. 305, ch. 33
-(Labbe-Mansi, _op. cit._ ii. 11):--"Placuit in totum prohiberi
-episcopis, presbyteris, et diaconibus, vel omnibus clericis
-positis in ministerio, abstinere se a conjugibus suis, et non
-generare filios: quicumque vero fecerit, ab honore clericatus
-exterminetur."]
-
-[Footnote 99: Gieseler, _Text-Book of Ecclesiastical History_,
-ii. 275. Milman, _History of Latin Christianity_, ii. 150.]
-
-The practice of religious celibacy may be traced to several
-sources. In many cases the priestess is obviously regarded as
-married to the god whom she is serving, and is therefore
-forbidden to marry anybody else. In ancient Peru the Sun was the
-husband of the virgins dedicated to him.[100] They were obliged
-to be of the same blood as their consort, that is to say,
-daughters of the Incas. "For though they imagined that the Sun
-had children, they considered that they ought not to be bastards,
-with mixed divine and human blood. So the {413} virgins were of
-necessity legitimate and of the blood royal, which was the same
-as being of the family of the Sun."[101] And the crime of
-violating the virgins dedicated to the Sun was the same and
-punished in the same severe manner as the crime of violating the
-women of the Inca.[102] Concerning the priestesses of the
-Tshi-speaking peoples of the Gold Coast, Major Ellis remarks that
-the reason for their celibacy appears to be that "a priestess
-belongs to the god she serves, and therefore cannot become the
-property of a man, as would be the case if she married one."[103]
-So also the E[(w]e-speaking peoples of the Slave Coast regard the
-women dedicated to a god as his wives.[104] In the great temple
-of Jupiter Belus, we are told, a single woman used to sleep, whom
-the god had chosen for himself out of all the women of the land;
-and it was believed that he came down in person to sleep with
-her. "This," Herodotus says, "is like the story told by the
-Egyptians of what takes place in their city of Thebes, where a
-woman always passes the night in the temple of the Theban
-Jupiter. In each case the woman is said to be debarred all
-intercourse with men."[105] In the Egyptian texts there are
-frequent references to "the divine consort," _neter [h.]emt_, a
-position which was generally occupied by the ruling queen, and
-the king was believed to be the offspring of such a union.[106]
-As Plutarch states, the Egyptians thought it quite possible for a
-woman to be impregnated by the approach of some divine spirit,
-though they denied that a man could have corporeal intercourse
-with a goddess.[107] Nor was the idea of a nuptial relation
-between a woman and the deity foreign to the early Christians.
-St. Cyprian speaks of women who had no husband and lord but
-Christ, with whom they lived in a spiritual matrimony--who had
-"dedicated themselves to Christ, and, retiring from carnal {414}
-lust, vowed themselves to God in flesh and spirit."[108] In the
-following words he condemns the cohabitation of such virgins with
-unmarried ecclesiastics, under the pretence of a purely spiritual
-connection:--"If a husband come and see his wife lying with
-another man, is he not indignant and maddened, and does he not in
-the violence of his jealousy perhaps even seize the sword? What?
-How indignant and angered then must Christ our Lord and Judge be,
-when He sees a virgin, dedicated to Himself, and consecrated to
-His holiness, lying with a man! and what punishments does He
-threaten against such impure connections. . . . She who has been
-guilty of this crime is an adulteress, not against a husband, but
-Christ."[109] According to the gospel of Pseudo-Matthew, the
-Virgin Mary had in a similar manner dedicated herself as a virgin
-to God.[110] The idea that the deity is jealous of the chastity
-of his or her servants may also perhaps be at the bottom of the
-Greek custom according to which the hierophant and the other
-priests of Demeter were restrained from conjugal intercourse and
-washed their bodies with hemlock-juice in order to kill their
-passions,[111] as also of the rule which required the priests of
-certain goddesses to be eunuchs.[112]
-
-[Footnote 100: Garcilasso de la Vega, _op. cit._ i. 297.]
-
-[Footnote 101: _Ibid._ i. 292.]
-
-[Footnote 102: _Ibid._ i. 300.]
-
-[Footnote 103: Ellis, _Tshi-speaking Peoples_, p. 121.]
-
-[Footnote 104: _Idem_, _E[(w]e-speaking Peoples_, pp. 140, 142.]
-
-[Footnote 105: Herodotus, i. 181 _sq._]
-
-[Footnote 106: Wiedemann, _Herodots zweites Buch_, p. 268. _Cf._
-Erman, _Life in Ancient Egypt_, p. 295 _sq._]
-
-[Footnote 107: Plutarch, _Numa_, iv. 5. _Idem_, _Symposiaca
-problemata_, viii. 1. 6 _sq._]
-
-[Footnote 108: St. Cyprian, _De habitu virginum_, 4, 22 (Migne,
-_op. cit._ iv. 443, 462). _Cf._ Methodius, _Convivium decent
-virginum_, vii. 1 (Migne, _op. cit._ Ser. Græca, xviii. 125).]
-
-[Footnote 109: St. Cyprian, _Epistola LXII., ad Pomponium de
-virginibus_, 3 _sq._ (Migne, _op. cit._ iv. 368 _sqq._). See also
-Neander, _General History of the Christian Religion and Church_,
-i. 378. The Council of Elvira decreed that such fallen virgins,
-if they refused to return back to their former condition, should
-be denied communion even at the moment of death (_Concilium
-Eliberitanum_, A.D. 305, ch. 13 [Labbe-Mansi, _op. cit._ ii. 8]).]
-
-[Footnote 110: _Gospel of Pseudo-Matthew_, 8 (_Ante-Nicene
-Christian Library_, xvi. 25). See also _Gospel of the Nativity of
-Mary_, 7 (_ibid._ xvi. 57 _sq._).]
-
-[Footnote 111: Wachsmuth, _Hellenische Alterthumskunde_, ii. 560.]
-
-[Footnote 112: _Cf._ Lactantius, _Divinæ Institutiones_, i. 17
-(Migne, _op. cit._ vi. 206):--"Deum mater et amavit formosum
-adolescentem, et eumdem cum pellice deprehensum exsectis
-virilibus semivirum reddidit; et ideo nunc sacra ejus a Gallis
-sacerdotibus celebrantur."]
-
-Religious celibacy is further connected with the idea that sexual
-intercourse is defiling. In Efate, of the New Hebrides, it is
-regarded as something unclean.[113] The Tahitians believed that
-if a man refrained from all connections with women some months
-before death, he passed {415} immediately into his eternal
-mansion without any purification.[114] Herodotus writes:--"As
-often as a Babylonian has had intercourse with his wife, he sits
-down before a censer of burning incense, and the woman sits
-opposite to him. At dawn of day they wash; for till they are
-washed they will not touch any of their common vessels. This
-practice is also observed by the Arabs."[115] Among the Hebrews
-both the man and woman had to bathe themselves in water, and were
-"unclean until the even."[116] The idea that sexual intercourse
-is unclean implies that some degree of supernatural danger is
-connected with it;[117] and, as Mr. Crawley has pointed out, the
-notion of danger may develop into that of sinfulness.[118] Where
-woman is regarded as an unclean being[119] it is obvious that
-intercourse with her should be considered polluting, but this is
-not a sufficient explanation of the idea of sexual uncleanness. A
-polluting effect is ascribed to any discharge of sexual
-matter[120]--originally no doubt on account of its mysterious
-propensities and the veil of mystery which surrounds the whole
-sexual nature of man.
-
-[Footnote 113: Macdonald, _Oceania_, p. 181.]
-
-[Footnote 114: Cook, _Voyage to the Pacific Ocean_, ii. 164.]
-
-[Footnote 115: Herodotus, i. 198.]
-
-[Footnote 116: _Leviticus_, xv. 18.]
-
-[Footnote 117: The danger attributed to sexual intercourse has
-been much emphasised by Mr. Crawley in _The Mystic Rose_. See
-also Westermarck, _Marriage Ceremonies in Morocco_.]
-
-[Footnote 118: Crawley, _op. cit._ p. 214.]
-
-[Footnote 119: See _supra_, i. 663 _sqq._]
-
-[Footnote 120: Gregory III., _Judicia congrua p[oe]nitentibus_,
-ch. 24 (Labbe-Mansi, _op. cit._ xii. 293):--"In somno peccans, si
-ex cogitatione pollutus, viginti duos psalmos cantet: si in somno
-peccans sine cogitatione, duodecim psalmos cantet."
-_P[oe]nitentiale Pseudo-Theodori_, xxviii. 25 (Wasserschleben,
-_Bussordnungen der abendländischen Kirche_, p. 600):--"Qui in
-somno, non voluntate, pollutus sit, surgat, cantetque vii.
-psalmos p[oe]nitentiales." _Cf._ _ibid._ xxviii. 6, 33
-(Wasserschleben, p. 559 _sq._).]
-
-The idea of sexual defilement is particularly conspicuous in
-connection with religious observances. It is a common rule that
-he who performs a sacred act or enters a holy place must be
-ceremonially clean,[121] and no kind of uncleanness is to be
-avoided more carefully than sexual pollution. Among the
-Chippewyans, "if a chief is anxious to know the disposition of
-his people towards him, or if he wishes to settle any difference
-between them, he announces his intention of opening his
-medicine-bag and smoking in his {416} sacred stem. . . . No one
-can avoid attending on these occasions; but a person may attend
-and be excused from assisting at the ceremonies, by acknowledging
-that he has not undergone the necessary purification. The having
-cohabited with his wife, or any other woman, within twenty-four
-hours preceding the ceremony, renders him unclean, and,
-consequently, disqualifies him from performing any part of
-it."[122] Herodotus tells us that the Egyptians, like the Greeks,
-"made it a point of religion to have no converse with women in
-the sacred places, and not to enter them without washing, after
-such converse."[123] This statement is corroborated by a passage
-in the 'Book of the Dead.'[124] In Greece[125] and India[126]
-those who took part in certain religious festivals were obliged
-to be continent for some time previously. Before entering the
-sanctuary of Mên Tyrannos, whose worship was extended over the
-whole of Asia Minor, the worshipper had to abstain from garlic,
-pork, and women, and had to wash his head.[127] Among the Hebrews
-it was a duty incumbent upon all to be ritually clean before
-entering the temple--to be free from sexual defilement,[128]
-leprosy,[129] and the pollution produced by the association with
-corpses of human beings, of all animals not permitted for food,
-and of those permitted animals which had died a natural death or
-been killed by wild beasts;[130] and eating of the consecrated
-bread was interdicted to persons who had not been continent for
-some time previously.[131] A Muhammedan would remove any defiled
-garment before he commences his prayer, or otherwise abstain from
-praying altogether; he would not dare to approach the sanctuary
-of a saint in a state of sexual uncleanness; and sexual
-intercourse is forbidden for those who make the pilgrimage to
-Mecca.[132] {417} The Christians prescribed strict continence as
-a preparation for baptism[133] and the partaking of the
-Eucharist.[134] They further enjoined that no married persons
-should participate in any of the great festivals of the Church if
-the night before they had lain together;[135] and in the 'Vision'
-of Alberic, dating from the twelfth century, a special place of
-torture, consisting of a lake of mingled lead, pitch, and resin,
-is represented as existing in hell for the punishment of married
-people who have had intercourse on Sundays, church festivals, or
-fast-days.[136] They abstained from the marriage-bed at other
-times also, when they were disposed more freely to give
-themselves to prayer.[137] Newly married couples were admonished
-to practise continence during the wedding day and the night
-following, out of reverence for the sacrament; and in some
-instances their abstinence lasted even for two or three days.[138]
-
-[Footnote 121: See _supra_, ii. 294, 295, 352 _sq._]
-
-[Footnote 122: Mackenzie, _Voyages to the Frozen and Pacific
-Oceans_, p. cii. _sq._]
-
-[Footnote 123: Herodotus, ii. 64.]
-
-[Footnote 124: Wiedemann, _Herodots zweites Buch_, p. 269 _sq._]
-
-[Footnote 125: Wachsmuth, _op. cit._ ii. 560.]
-
-[Footnote 126: Oldenberg, _Die Religion des Veda_, p. 411.]
-
-[Footnote 127: Foucart, _Des associations religieuses chez les
-Grecs_, pp. 119, 123 _sq._]
-
-[Footnote 128: _Leviticus_, chs. xii., xv.]
-
-[Footnote 129: _Ibid._ ch. xiii. _sq._]
-
-[Footnote 130: _Ibid._ xi. 24 _sqq._; xvii. 15. _Numbers_, xix.
-14 _sqq._ Montefiore, _Hibbert Lectures on the Religion of the
-Ancient Hebrews_, p. 476.]
-
-[Footnote 131: _1 Samuel_, xxi. 4 _sq._]
-
-[Footnote 132: _Koran_, ii. 193.]
-
-[Footnote 133: St. Augustine, _De fide et operibus_, vi. 8
-(Migne, _op. cit._ xl. 202).]
-
-[Footnote 134: St. Jerome, _Epistola XLVIII._ 15 (Migne, _op.
-cit._ xxii. 505 _sq._).]
-
-[Footnote 135: Lecky, _History of European Morals_, ii. 324. St.
-Gregory the Great, _Dialogi_, i. 10 (Migne, _op. cit._ lxxvii.
-200 _sq._).]
-
-[Footnote 136: Albericus, _Visio_, ch. 5, p. 17. Delepierre,
-_L'enfer décrit par ceux qui l'ont vu_, p. 57 _sq._ On this
-subject see also Müller, _Das sexuelle Leben der christlichen
-Kulturvölker_, pp. 52, 53, 120 _sq._]
-
-[Footnote 137: St. Jerome, _Epistola XLVIII._ 15 (Migne, _op.
-cit._ xxii. 505). Fleury, _Manners and Behaviour of the
-Christians_, p. 75.]
-
-[Footnote 138: Muratori, _Dissertazioni sopra le antichità
-italiane_, 20, vol. i. 347.]
-
-Holiness is a delicate quality which is easily destroyed if
-anything polluting is brought into contact with the holy object
-or person. The Moors believe that if anybody who is sexually
-unclean enters a granary the grain will lose its _baraka_, or
-holiness. A similar idea probably underlies the belief prevalent
-among various peoples that incontinence, and especially illicit
-love, injures the harvest.[139] In Efate, _namim_, or
-uncleanness, supposed to be contracted in various emergencies,
-was especially avoided {418} by the sacred men, because it was
-believed to destroy their sacredness.[140] The priestly taboos,
-of which Sir J. G. Frazer has given such an exhaustive account in
-'The Golden Bough,' have undoubtedly in a large measure a similar
-origin. Nay, it seems that pollution not only deprives the holy
-person of his holiness, but is also supposed to injure him in a
-more positive way. When the supreme pontiff in the kingdom of
-Congo left his residence to visit other places within his
-jurisdiction, all married people had to observe strict continence
-the whole time he was out, as it was believed that any act of
-incontinence would prove fatal to him.[141] In self-defence,
-therefore, gods and holy persons try to prevent polluted
-individuals from approaching them, and their worshippers are
-naturally anxious to do the same. But apart from the resentment
-which the sacred being would feel against the defiler, it appears
-that holiness is supposed to react quite mechanically against
-pollution, to the destruction or discomfort of the polluted
-individual. All Moors are convinced that anyone who in a state of
-sexual uncleanness dared to visit a saint's tomb would be struck
-by the saint; but the Arabs of Dukkâla, in Southern Morocco, also
-believe that if an unclean person rides a horse some accident
-will happen to him on account of the _baraka_ with which the
-horse is endowed. It should further be noticed that, owing to the
-injurious effect of pollution upon holiness, an act generally
-regarded as sacred would, if performed by an unclean individual,
-lack that magic efficacy which otherwise would be ascribed to it.
-Muhammed represented ceremonial cleanliness as "one-half of the
-faith and the key of prayer."[142] The Moors say that a scribe is
-afraid of evil spirits only when he is sexually unclean, because
-then his reciting of passages of the Koran--the most powerful
-weapon against such spirits--would be of no avail. The Syrian
-philosopher Jamblichus {419} speaks of the belief that "the gods
-do not hear him who invokes them, if he is impure from venereal
-connections."[143] A similar notion prevailed among the early
-Christians; with reference to a passage in the First Epistle of
-the Corinthians,[144] Tertullian remarks that the Apostle added
-the recommendation of a temporary abstinence for the sake of
-adding an efficacy to prayers.[145] To the same class of beliefs
-belongs the notion that a sacrificial victim should be clean and
-without blemish.[146] The Chibchas of Bogota considered that the
-most valuable sacrifice they could offer was that of a youth who
-had never had intercourse with a woman.[147]
-
-[Footnote 139: Frazer, _Golden Bough_, ii. 209 _sqq._ This is in
-my opinion a more natural explanation than the one suggested by
-Sir J. G. Frazer, namely, that uncivilised man imagines "that the
-vigour which he refuses to expend in reproducing his own kind,
-will form as it were a store of energy whereby other creatures,
-whether vegetable or animal, will somehow benefit in propagating
-their species." This theory entirely fails to account for the
-fact that illicit love, by preference, is supposed to mar the
-fertility of the earth and to blight the crops--a belief which is
-in full accordance with my own explanation, in so far as such
-love is considered particularly polluting.]
-
-[Footnote 140: Macdonald, _Oceania_, p. 181.]
-
-[Footnote 141: Labat, _Relation historique de l'Ethiopie
-occidentale_, i. 259 _sq._]
-
-[Footnote 142: Pool, _Studies in Mohammedanism_, p. 27.]
-
-[Footnote 143: Jamblichus, _De mysteriis_, iv. 11.]
-
-[Footnote 144: _1 Corinthians_, vii. 5.]
-
-[Footnote 145: Tertullian, _De exhortatione castitatis_, 10
-(Migne, _op. cit._ ii. 926).]
-
-[Footnote 146: See _supra_, ii. 295 _sq._]
-
-[Footnote 147: Simon, quoted by Waitz, _Anthropologie der
-Naturvölker_, iv. 363. See _infra_, Additional Notes.]
-
-If ceremonial cleanliness is required even of the ordinary
-worshipper it is all the more indispensable in the case of a
-priest;[148] and of all kinds of uncleanness none is to be more
-carefully avoided than sexual pollution. Sometimes admission into
-the priesthood is to be preceded by a period of continence.[149]
-In the Marquesas Islands no one could become a priest without
-having lived chastely for several years previously.[150] Among
-the Tshi-speaking peoples of the Gold Coast men and women, in
-order to become members of the priesthood, have to pass through a
-long novitiate, generally from two to three years, during which
-they live in retirement and are instructed by the priests in the
-secrets of the craft; and "the people believe that, during this
-period of retirement and study, the novices must keep their
-bodies pure, and refrain from all commerce with the other
-sex."[151] The Huichols of Mexico, again, are of opinion that a
-man who wishes to become a shaman must be faithful to his wife
-for five years, and that, if he violates this rule, he is sure to
-be taken ill and will lose the power of healing.[152] In ancient
-Mexico the priests, all {420} the time that they were employed in
-the service of the temple, abstained from all other women but
-their wives, and "even affected so much modesty and reserve, that
-when they met a woman they fixed their eyes on the ground that
-they might not see her. Any incontinence amongst the priests was
-severely punished. The priest who, at Teohuacan, was convicted of
-having violated his chastity, was delivered up by the priests to
-the people, who at night killed him by the bastinado."[153] Among
-the Kotas of the Neilgherry Hills the priests--who, unlike the
-"dairymen" of their Toda neighbours are not celibates--are at the
-great festival in honour of K[=a]matar[=a]ya forbidden to live or
-hold intercourse with their wives for fear of pollution, and are
-then even obliged to cook their meals themselves.[154] It seems
-that, according to the Anatolian religion, married _hieroi_ had
-to separate from their wives during the period they were serving
-at the temple.[155] The Hebrew priest should avoid all
-unchastity; he was not allowed to marry a harlot, or a profane,
-or a divorced wife,[156] and the high-priest was also forbidden
-to marry a widow.[157] Nay, even in a priest's daughter
-unchastity was punished with excessive severity, because she had
-profaned her father; she was to be burned.[158]
-
-[Footnote 148: _Cf._ _supra_, ii. 352 _sq._]
-
-[Footnote 149: _Cf._ Landtman, _op. cit._ p. 118 _sqq._]
-
-[Footnote 150: Waitz-Gerland, _Anthropologie der Naturvölker_,
-vi. 387.]
-
-[Footnote 151: Ellis, _Tshi-speaking Peoples_, p. 120.]
-
-[Footnote 152: Lumholtz, _Unknown Mexico_, ii. 236.]
-
-[Footnote 153: Clavigero, _op. cit._ i. 274.]
-
-[Footnote 154: Thurston, in the Madras Government Museum's
-_Bulletin_, i. 193.]
-
-[Footnote 155: Ramsay, _Cities and Bishoprics of Phrygia_, i.
-136, 137, 150 _sq._]
-
-[Footnote 156: _Leviticus_, xxi. 7.]
-
-[Footnote 157: _Ibid._ xxi. 14.]
-
-[Footnote 158: _Ibid._ xxi. 9.]
-
-Carried further, the idea underlying all these rules and
-practices led to the notions that celibacy is more pleasing to
-God than marriage,[159] and that it is a religious duty for those
-members of the community whose special office is to attend to the
-sacred cult. For a nation like the Jews, whose ambition was to
-live and to multiply, celibacy could never become an ideal;
-whereas the Christians, who professed the most perfect
-indifference to all earthly matters, found no difficulty in
-glorifying a state which, however opposed it was to the interests
-of the race and the nation, made men pre-eminently fit to
-approach their god. Indeed, {421} far from being a benefit to the
-kingdom of God by propagating the species, sexual intercourse was
-on the contrary detrimental to it by being the great transmitter
-of the sin of our first parents. This argument, however, was of a
-comparatively late origin. Pelagius himself almost rivalled St.
-Augustine in his praise of virginity, which he considered the
-great test of that strength of free-will which he asserted to be
-at most only weakened by the fall of Adam.[160]
-
-[Footnote 159: _Cf._ _supra_, ii. 358.]
-
-[Footnote 160: Milman, _op. cit._ i. 151, 153.]
-
-Religious celibacy is, moreover, enjoined or commended as a means
-of self-mortification supposed to appease an angry god, or with a
-view to raising the spiritual nature of man by suppressing one of
-the strongest of all sensual appetites. Thus we find in various
-religions celibacy side by side with other ascetic observances
-practised for similar purposes. Among the early Christians those
-young women who took a vow of chastity "did not look upon
-virginity as any thing if it were not attended with great
-mortification, with silence, retirement, poverty, labour,
-fastings, watchings, and continual praying. They were not
-esteemed as virgins who would not deny themselves the common
-diversions of the world, even the most innocent."[161] Tertullian
-enumerates virginity, widowhood, and the modest restraint in
-secret on the marriage-bed among those fragrant offerings
-acceptable to God which the flesh performs to its own especial
-suffering.[162] Finally, it was argued that marriage prevents a
-person from serving God perfectly, because it induces him to
-occupy himself too much with worldly things.[163] Though not
-contrary to the act of charity or the love of God, says Thomas
-Aquinas, it is nevertheless an obstacle to it.[164] This was one,
-but certainly not the only, cause of the obligatory celibacy
-which the Christian Church imposed upon her clergy.
-
-[Footnote 161: Fleury, _op. cit._ p. 128 _sq._]
-
-[Footnote 162: Tertullian, _De resurrectione carnis_, 8 (Migne,
-_op. cit._ ii. 806).]
-
-[Footnote 163: Vincentius Bellovacensis, _Speculum naturale_,
-xxx. 43. See also von Eicken, _op. cit._ p. 445.]
-
-[Footnote 164: Thomas Aquinas, _Summa theologica_, ii.-ii. 184. 3.]
-
-
-
-
-CHAPTER XLII
-
-FREE LOVE--ADULTERY
-
-
-HARDLY less variable than the moral ideas relating to marriage
-are those concerning sexual relations of a non-matrimonial
-character.
-
-Among many uncivilised peoples both sexes enjoy perfect freedom
-previous to marriage, and in some cases it is considered almost
-dishonourable for a girl to have no lover.
-
-The East African Barea and Kunáma do not regard it as in the
-least disreputable for a girl to become pregnant, nor do they
-punish nor censure the seducer.[1] Among the Wanyoro "it
-constantly happens that young girls spend the night with their
-lovers, only returning to their father's house in the morning,
-and this is not considered scandalous.**"[2] The Wadigo regard it
-as disgraceful, or at least as ridiculous, for a girl to enter
-into marriage as a virgin.[3] Among the Bakongo, "womanly
-chastity is unknown, and a woman's honour is measured by the
-price she costs."[4] Over nearly the whole of British Central
-Africa, says Sir H. Johnston, "before a girl is become a woman
-(that is to say before she is able to conceive) it is a matter of
-absolute indifference what she does, and scarcely any girl
-remains a virgin after about five years of age."[5] Among the
-Baronga "l'opinion publique se moque des gens continents plus
-qu'elle ne les admire."[6] According to Mr. Warner, "seduction of
-virgins, and cohabiting with unmarried women and {423} widows,
-are not punishable by Kafir law, neither does any disgrace attach
-to either sex by committing such acts."[7] In Madagascar
-"continence is not supposed to exist in either sex before
-marriage, . . . and its absence is not regarded as a vice."[8]
-Among the Maoris of New Zealand "girls were at perfect liberty to
-act as they pleased until married," and chastity in single women
-was held of little account.[9] In the Tonga Islands unmarried
-women might bestow their favours upon whomsoever they pleased
-without any opprobrium, although it was thought shameful for a
-woman frequently to change her lover.[10] In the Solomon Islands
-"female chastity is a virtue that would sound strangely in the
-ear of the native"; and in St. Christoval and the adjacent
-islands, "for two or three years after a girl has become eligible
-for marriage she distributes her favours amongst all the young
-men of the village."[11] In the Malay Archipelago intercourse
-between unmarried people is very commonly considered neither a
-crime nor a disgrace;[12] and the same is perhaps even more
-generally the case among the uncivilised races of India and
-Indo-China.[13] Among the Angami Nagas, for instance, "girls
-consider short hair, the symbol of virginity, a disgrace, and are
-anxious to become entitled to wear it long; men are desirous
-before marriage to have proof that their wives will not be
-barren. . . . Chastity begins with marriage."[14] The Jakuts see
-nothing immoral in free love, provided only that nobody suffers
-material loss by it.[15] Among the Votyaks it is disgraceful for
-a girl to be little sought after by the young men, and it is
-honourable for her to have children; she then gets a wealthier
-husband, and a higher price is paid for her to her father.[16]
-The Kamchadales set no great value on the virginity of their
-brides.[17] Of the Point Barrow Eskimo Mr. Murdoch writes:--"As
-to the relations between the sexes there seems to be the most
-complete absence of what we consider moral feelings. Promiscuous
-sexual {424} intercourse between married or unmarried people, or
-even among children, appears to be looked upon simply as a matter
-for amusement. As far as we could learn, unchastity in a girl was
-considered nothing against her. The immorality of these people
-among themselves, as we witnessed it, seems too purely animal and
-natural to be of recent growth or the result of foreign
-influence. Moreover, a similar state of affairs has been observed
-among Eskimo elsewhere."[18]
-
-[Footnote 1: Munzinger, _Ostafrikanische Studien_, p. 524.]
-
-[Footnote 2: _Emin Pasha in Central Africa_, p. 82. _Cf._ _ibid._
-p. 208 (Monbuttu).]
-
-[Footnote 3: Baumann, _Usambara_, p. 152.]
-
-[Footnote 4: Johnston, _British Central Africa_, p. 405.]
-
-[Footnote 5: _Ibid._ p. 409, note.]
-
-[Footnote 6: Junod, _Les Ba-Ronga_, p. 29.]
-
-[Footnote 7: Warner, in Maclean, _Compendium of Kafir Laws_, p. 63.]
-
-[Footnote 8: Ellis, _History of Madagascar_, i. 137 _sq._]
-
-[Footnote 9: Taylor, _Te Ika a Maui_, p. 33. Gisborne, _Colony of
-New Zealand_, p. 27.]
-
-[Footnote 10: Mariner, _Natives of the Tonga Islands_, ii. 174.]
-
-[Footnote 11: Guppy, _Solomon Islands_, p. 43.]
-
-[Footnote 12: Wilken, 'Plechtigheden en gebruiken bij verlovingen
-en huwelijken bij de volken van den Indischen Archipel,' in
-_Bijdragen tot de taal- land- en volkenkunde van Nederlandsch-Indië_,
-ser. v. vol. iv. 434 _sqq._]
-
-[Footnote 13: Westermarck, _History of Human Marriage_, p. 71.
-Crooke, _Tribes and Castes of the North-Western Provinces and
-Oudh_, i. p. clxxxiv.]
-
-[Footnote 14: Prain, 'Angami Nagas,' in _Revue coloniale
-internationale_, v. 491 _sq._]
-
-[Footnote 15: Sumner, in _Jour. Anthr. Inst._ xxxi. 96.]
-
-[Footnote 16: Buch, 'Die Wotjäken,' in _Acta Soc. Scientiarum
-Fennicæ_, xii. 509.]
-
-[Footnote 17: Georgi, _Russia_, iii. 156.]
-
-[Footnote 18: Murdoch, 'Ethnological Results of the Point Barrow
-Expedition,' in _Ann. Rep. Bur. Ethn._ ix. 419 _sq._ See also
-Turner, 'Ethnology of the the Ungava District,' in _Ann. Rep.
-Bur. Ethn._ xi. 189 (Koksoagmyut); Parry, _Second Voyage for the
-Discovery of a North-West Passage_, p. 529 (Eskimo of Igloolik
-and Winter Island).]
-
-Yet however commonly chastity is disregarded in the savage world,
-we must not suppose that such disregard is anything like a
-universal characteristic of the lower races. In a previous work I
-have given a list of numerous savage and barbarous peoples among
-whom unchastity before marriage is looked upon as a disgrace or a
-crime for a woman, sometimes punishable with banishment from the
-community or even with death;[19] and it is noteworthy that to
-this group of peoples belong savages of so low a type as the
-Veddahs of Ceylon,[20] the Igorrotes of Luzon,[21] and certain
-Australian tribes.[22] I have also called attention to facts
-which seem to prove that in several cases the wantonness of
-savages is largely due to foreign influence. The pioneers of a
-"higher civilisation" are very frequently unmarried men who go
-out to make their living in uncivilised lands, and, though
-unwilling to contract regular marriages with native women, they
-have no objection to corrupting their morals.[23] Moreover, in
-many tribes the {425} free intercourse which prevails between
-unmarried people is not of a promiscuous nature, and leads
-necessarily to marriage should the girl prove with child.[24]
-Nay, among various uncivilised races not only the girl, but the
-man who seduces her is subject to punishment or censure.
-
-[Footnote 19: Westermarck, _op. cit._ p. 61 _sqq._]
-
-[Footnote 20: Nevill, 'Vaeddas of Ceylon,' in _Taprobanian_, i. 178.]
-
-[Footnote 21: Meyer, 'Igorrotes von Luzon,' in _Verhandl.
-Berliner Gesellsch. f. Anthrop._ 1883, p. 384 _sq._ Blumentritt,
-_Ethnographie der Philippinen_, p. 27.]
-
-[Footnote 22: Westermarck, _op. cit._ p. 64 _sq._ Holden, in
-Taplin, _Folklore of the South Australian Aborigines_, p. 19.]
-
-[Footnote 23: It is strange to hear from a modern student of
-anthropology, and especially from an Australian writer, that in
-sexual licence the savage has never anything to learn and that
-"all that the lower fringe of civilised men can do to harm the
-uncivilised is to stoop to the level of the latter instead of
-teaching them a better way" (Sutherland, _Origin and Growth of
-the Moral Instinct_, i. 186). Mr. Edward Stephens ('Aborigines of
-Australia,' in _Jour. & Proceed. Royal Soc. N. S. Wales_, xxiii.
-480) has a very different story to tell with reference to the
-tribes which once inhabited the Adelaide Plains in South Australia
-and whose acquaintance he made more than half a century ago.]
-
-[Footnote 24: Westermarck, _op. cit._ pp. 23, 24, 71.]
-
-Among the East African Takue a seducer may have to pay the same
-sum as if he had killed the girl, although the fine is generally
-reduced to fifty cows.[25] Among the Beni Amer and Marea he is
-killed, together with the girl and the child.[26] In Tessaua a
-fine of 100,000 kurdi is imposed on the father of a bastard
-child.[27] Among the Beni Mzab a man who seduces a girl has to
-pay two hundred francs and is banished for four years.[28] Among
-the Tedâ he is exposed to the revenge of her father.[29] The
-Baziba look upon illegitimate intercourse between the sexes as
-the most serious offence, though no action is taken until the
-birth of a child; "then the man and woman are bound hand and foot
-and thrown into Lake Victoria."[30] Among the Bakoki, whilst the
-girl was driven from home and remained for ever after an outcast,
-the man was fined three cows to her father and one to the
-chief.[31] Certain West African savages described by Mr. Winwood
-Reade, who banish from the clan a girl guilty of wantonness,
-inflict severe flogging on the seducer.[32] In Dahomey a man who
-seduces a girl is compelled by law to marry her and to pay eighty
-cowries to the parent or master.[33] Among some Kafir tribes the
-father or guardian of a woman who becomes pregnant can demand a
-fine of one head of cattle from the father of the child;[34]
-whilst in the Gaika tribe the mere seduction of a virgin incurs
-the fine of three or four head of cattle.[35] Casalis mentions an
-interesting custom prevalent among the Basutos, which on the one
-hand illustrates the belief that sexual intercourse in certain
-circumstances exposes a person to supernatural danger, and on the
-other hand indicates that unchastity in unmarried men is not
-looked upon with perfect indifference:--Immediately after the
-birth of a child the fire of the dwelling was kindled afresh.
-"For this purpose it was necessary that a young man of chaste
-habits should rub two {426} pieces of wood quickly one against
-another, until a flame sprung up, pure as himself. It was firmly
-believed that a premature death awaited him who should dare to
-take upon himself this office, after having lost his innocence.
-As soon, therefore, as a birth was proclaimed in the village, the
-fathers took their sons to undergo the ordeal. Those who felt
-themselves guilty confessed their crime, and submitted to be
-scourged rather than expose themselves to the consequences of a
-fatal temerity."[36] Livingstone, speaking of the good name which
-was given to him by the Bakwains, observes:--"No one ever gains
-much influence in this country without purity and uprightness.
-The acts of a stranger are keenly scrutinised by both young and
-old, and seldom is the judgment pronounced, even by the heathen,
-unfair or uncharitable. I have heard women speaking in admiration
-of a white man, because he was pure, and never was guilty of any
-secret immorality. Had he been, they would have known it, and,
-untutored heathen though they be, would have despised him in
-consequence."[37]
-
-[Footnote 25: Munzinger, _Ostafrikanische Studien_, p. 208.]
-
-[Footnote 26: _Ibid._ p. 322.]
-
-[Footnote 27: Barth, _Reisen in Nord- und Central-Afrika_, ii. 18.]
-
-[Footnote 28: Chavanne, _Die Sahara_, p. 315.]
-
-[Footnote 29: Nachtigal, _Sahara und Sudan_, i. 449.]
-
-[Footnote 30: Cunningham, _Uganda_, p. 290.]
-
-[Footnote 31: _Ibid._ p. 102.]
-
-[Footnote 32: Reade, _Savage Africa_, p. 261.]
-
-[Footnote 33: Forbes, _Dahomey_, i. 26.]
-
-[Footnote 34: Warner, in Maclean, _op. cit._ p. 64.]
-
-[Footnote 35: Brownlee, _ibid._ p. 112.]
-
-[Footnote 36: Casalis, _Basutos_, p. 267 _sq._]
-
-[Footnote 37: Livingstone, _Missionary Travels_, p. 513.]
-
-Of the Australian Maroura tribe, Lower Darling, we are told that
-before the advent of the whites "their laws were strict,
-especially those regarding young men and young women. It was
-almost death to a young lad or man who had sexual intercourse
-till married."[38] Among various tribes in Western Victoria
-"illegitimacy is rare, and is looked upon with such abhorrence
-that the mother is always severely beaten by her relatives, and
-sometimes put to death and burned. Her child is occasionally
-killed and burned with her. The father of the child is also
-punished with the greatest severity, and occasionally killed."[39]
-
-[Footnote 38: Holden, in Taplin, _Folklore of the South
-Australian Aborigines_, p. 19.]
-
-[Footnote 39: Dawson, _Australian Aborigines_, p. 28.]
-
-In Nias the pregnancy of an unmarried girl is punished with
-death, inflicted not only upon her but upon the seducer as
-well.[40] Among the Bódo and Dhimáls of India chastity is prized
-in man and woman, married and unmarried.[41] Among the Tunguses
-"in irregular amours only the men are punished," the seducer
-being obliged either to purchase the girl at a certain price or,
-if he refuses, to submit to corporal punishment.[42] Among the
-Thlinkets, "if unmarried women prove frail the partner of their
-guilt, if discovered, is bound to make reparation to the parents,
-soothing their wounded honour with handsome {427} presents."[43]
-In certain North American tribes the seducer is said to be viewed
-with even more contempt than the girl whom he has dishonoured.[44]
-
-[Footnote 40: Wilken, in _Bijdragen tot de taal- land- en
-volkenkunde van Nederlandsch-Indië_, ser. v. vol. iv. 444.]
-
-[Footnote 41: Hodgson, _Miscellaneous Essays_, i. 123.]
-
-[Footnote 42: Georgi, _op. cit._ iii. 84.]
-
-[Footnote 43: Douglas, quoted by Petroff, _Report on Alaska_,
-p. 177.]
-
-[Footnote 44: Westermarck, _op. cit._ p. 66.]
-
-Passing to more advanced races, we find that chastity is regarded
-as a duty for unmarried women, whilst a different standard of
-morality is generally applied to men. "Confucianism," says Mr.
-Griffis, "virtually admits two standards of morality, one for
-man, another for woman. . . . Chastity is a female virtue, it is
-a part of womanly duty, it has little or no relation to man
-personally."[45] Yet it is held up as an ideal even to men. It is
-said that in youth, when the physical powers are not yet settled,
-the superior man guards against lust.[46] Though licentious in
-their habits, the Chinese exalt and dignify chastity as a means
-of bringing the soul and body nearer to the highest
-excellence;[47] one of their proverbs even maintains that "of the
-myriad vices, lust is the worst."[48] Chastity for its own sake,
-when defended by a woman at the expense of her life, meets with a
-reward at the hands of the Government. "If a woman"--so the
-Ordinances run--"be compelled by her husband to prostitute
-herself for money, and takes her own life in order to preserve
-her chastity, or if an unmarried virgin loses her life in
-defending herself against violation, an honorary gate shall be
-erected in each case near the door of the paternal dwelling."[49]
-According to the Chinese Penal Code, "criminal intercourse by
-mutual consent with an unmarried woman shall be punished with
-seventy blows," whilst the punishment for such intercourse with a
-married woman is eighty blows.[50]
-
-[Footnote 45: Griffis, _Religions of Japan_, p. 149.]
-
-[Footnote 46: _Lun Yü_, xvi. 7.]
-
-[Footnote 47: Wells Williams, _Middle Kingdom_, ii. 193.]
-
-[Footnote 48: Smith, _Proverbs of the Chinese_, p. 256.]
-
-[Footnote 49: de Groot, _Religious System of China_, (vol. ii.
-book) i. 752 _sq._]
-
-[Footnote 50: _Ta Tsing Leu Lee_, sec. ccclxvi. p. 404.]
-
-Among the ancient Hebrews fornication was forbidden to women[51]
-but not to men. The action of Judah towards the supposed harlot
-on the way to Timnath is mentioned {428} as the most natural
-thing in the world,[52] even though the perpetrator was a man of
-wealth and position, a man whom his brethren "shall praise" and
-before whom his "father's children shall bow down."[53]
-Throughout the Muhammedan world chastity is regarded as an
-essential duty for a woman.[54] In Persia an unmarried girl who
-gave birth to a child would surely be killed.[55] Among the
-Fellaheen of Egypt a father or brother in most instances punishes
-an unmarried daughter or sister who has been guilty of
-incontinence by throwing her into the Nile with a stone tied to
-her neck, or cutting her to pieces, and then throwing her remains
-into the river.[56] Among the Jbâla and Rif Berbers of Morocco
-she is also frequently killed. For unmarried men, on the other
-hand, chastity is by Muhammedans at most looked upon as an ideal,
-almost out of reach. The Caliph Ali said that "with a man who is
-modest and chaste nobody should find fault."[57] We are told that
-the Muhammedans of India consider it inconceivable that a Moslem
-should have illicit intercourse with a free Muhammedan woman;[58]
-but connections with slave girls are regarded in a different light.
-
-[Footnote 51: _Leviticus_, xix. 29. _Deuteronomy_, xxiii. 18.]
-
-[Footnote 52: _Genesis_, xxxviii. 15 _sqq._]
-
-[Footnote 53: _Ibid._ xlix. 8.]
-
-[Footnote 54: Burton, _Sindh_, p. 295.]
-
-[Footnote 55: Polak, _Persien_, i. 217.]
-
-[Footnote 56: Lane, _Manners and Customs of the Modern
-Egyptians_, p. 209.]
-
-[Footnote 57: Ameer Ali, _Ethics of Islâm_, p. 30.]
-
-[Footnote 58: Lane-Poole, _Studies in a Mosque_, p. 106.]
-
-Among the Hindus sexual impurity is scarcely considered a sin in
-the men, but "in females nothing is held more execrable or
-abominable. The unhappy inhabitants of houses of ill fame are
-looked upon as the most degraded of the human species."[59] In
-one of the Pahlavi texts continence is recommended from the point
-of view of prudence:--"Commit no lustfulness, so that harm and
-regret may not reach thee from thine own actions."[60] But in
-Zoroastrianism, also, chastity is chiefly a female duty. It is
-written in the Avesta, "Any woman that has given up her body to
-two men in one day is sooner to be killed than a wolf, a lion, or
-a snake."[61]
-
-[Footnote 59: _Calcutta Review_, ii. 23. Dubois, _Description of
-the Character, &c. of the People of India_, p. 193. _Cf._ _Laws
-of Manu_, ix. 51 _sq._]
-
-[Footnote 60: _Dînâ-î Maînôg-î Khirad_, ii. 23 _sq._]
-
-[Footnote 61: Darmesteter, in _Sacred Books of the East_, iv.
-206, n. 1.]
-
-{429} Among the ancient Teutons an unmarried woman who belonged
-to an honourable family was severely punished for going wrong,
-and the seducer was exposed to the revenge of her family, or had
-to pay compensation for his deed.[62] The yet un-Romanised
-Saxons, down to the days of St. Boniface, compelled a maiden who
-had dishonoured her father's house, as well as an adulteress, to
-hang herself, after which her body was burned and her paramour
-hung over the blazing pile; or she was scourged or cut with
-knives by all the women of the village till she was dead.[63]
-
-[Footnote 62: Brunner, _Deutsche Rechtsgeschichte_, ii. 659
-_sqq._ Wilda, _Strafrecht der Germanen_, p. 799 _sqq._ Nordström,
-_Bidrag till den svenska samhälls-författningens historia_, ii.
-67. Maurer, _Bekehrung des Norwegischen Stammes_, ii. 154.]
-
-[Footnote 63: Milman, _History of Latin Christianity_, ii. 54.]
-
-In Greece the chastity of an unmarried girl was anxiously
-guarded.[64] According to Athenian law, the relatives of a maiden
-who had lost her virtue could with impunity kill the seducer on
-the spot.[65] Virginity was an object of worship. Chastity was
-the pre-eminent attribute of sanctity ascribed to Athene and
-Artemis, and the Parthenon, or virgin's temple, was the noblest
-religious edifice of Athens.[66] It is true that a certain class
-of courtesans occupied a remarkably high position in the social
-life of Greece, being admired and sought after even by the
-principal men. But they did so on account of their extraordinary
-beauty or their intellectual superiority; to the Greek mind the
-moral standard was by no means the only standard of excellence.
-The Romans, on the other hand, regarded the courtesan class with
-much contempt.[67] In A.D. 19 the profligacy of women was checked
-by stringent enactments, and it was provided that no woman whose
-grandfather, father, or husband had been a Roman knight should
-get money by prostitution. [68] The names of prostitutes had to
-be published on the aedile's list, as Tacitus says, "according to
-a recognised custom {430} of our ancestors, who considered it a
-sufficient punishment on unchaste women to have to profess their
-shame."[69] But both in Rome and Greece pre-nuptial unchastity in
-men, when it was not excessive[70] or did not take some
-especially offensive form, was hardly censured by public
-opinion.[71] The elder Cato expressly justified it.[72] Cicero
-says:--"If there be any one who thinks that youth is to be wholly
-interdicted from amours with courtesans, he certainly is very
-strict indeed. I cannot deny what he says; but still he is at
-variance not only with the licence of the present age, but even
-with the habits of our ancestors, and with what they used to
-consider allowable. For when was the time that men were not used
-to act in this manner? When was such conduct found fault with?
-When was it not permitted? When, in short, was the time when that
-which is lawful was not lawful?"[73] Epictetus only went a little
-step further. He said to his disciples:--"Concerning sexual
-pleasures, it is right to be pure before marriage, as much as in
-you lies. But if you indulge in them, let it be according to what
-is lawful. But do not in any case make yourself disagreeable to
-those who use such pleasures, nor be fond of reproving them, nor
-of putting yourself forward as not using them."[74] Here chastity
-in men is at all events recognised as an ideal. But even in pagan
-antiquity there were a few who enjoined it as a duty.[75]
-Musonius Rufus emphatically asserted that no union of the sexes
-other than marriage was permissible,[76] and Dio Chrysostom
-desired prostitution to be suppressed by law.[77] Similar
-opinions grew up in connection with the Neo-Platonic and
-Neo-Pythagorean philosophies, and may be traced back to the
-ancient masters themselves. We are told that Pythagoras
-inculcated the virtue of {431} chastity so successfully that when
-ten of his disciples, being attacked, might have escaped by
-crossing a bean-field, they died to a man rather than tread down
-the beans, which were supposed to have a mystic affinity with the
-seat of impure desires.[78] Plato, again, is in favour of a law
-to the effect that "no one shall venture to touch any person of
-the freeborn or noble class except his wedded wife, or sow the
-unconsecrated and bastard seed among harlots, or in barren and
-unnatural lusts." Our citizens, he says, ought not to be worse
-than birds and beasts, which live without intercourse, pure and
-chaste, until the age for procreation, and afterwards, when they
-have arrived at that period and the male has paired with the
-female and the female with the male, "live the rest of their
-lives in holiness and innocence, abiding firmly in their original
-compact."[79]
-
-[Footnote 64: See Denis, _Histoire des théories et des idées
-morales dans l'antiquité_, i. 69 _sq._]
-
-[Footnote 65: Schmidt, _Die Ethik der alten Griechen_, ii. 193.]
-
-[Footnote 66: See Lecky, _History of European Morals_, i. 105.]
-
-[Footnote 67: _Ibid._ ii. 300.]
-
-[Footnote 68: Tacitus, _Annales_, ii. 85.]
-
-[Footnote 69: Tacitus, _Annales_, ii. 85.]
-
-[Footnote 70: Valerius Maximus (_Facta dictaque memorabilia_, ii.
-5. 6) praises "frugalitas" as "immoderato Veneris usu aversa."]
-
-[Footnote 71: Lecky, _op. cit._ ii. 314.]
-
-[Footnote 72: Horace, _Satiræ_, i. 2. 31 _sq._]
-
-[Footnote 73: Cicero, _Pro C[oe]lio_, 20 (48).]
-
-[Footnote 74: Epictetus, _Enchiridion_, xxxiii. 8.]
-
-[Footnote 75: Denis, _op. cit._ ii. 133 _sqq._]
-
-[Footnote 76: Musonius Rufus, quoted by Stobæus, _Florilegium_,
-vi. 61.]
-
-[Footnote 77: Denis, _op. cit._ ii. 149 _sqq._]
-
-[Footnote 78: Jamblichus, _De Pythagorica vita_, 31 (191). _Cf._
-Jevons, in Plutarch's _Romane Questions_, p. lxxxviii. _sq._]
-
-[Footnote 79: Plato, _Leges_, viii. 840 _sq._ _Cf._ Xenophon,
-_Memorabilia_, i. 3. 8.]
-
-Much stronger was the censure which Christianity passed on
-pre-nuptial connections. While looking with suspicion even on the
-life-long union of one man with one woman, the Church pronounced
-all other forms of sexual intercourse to be mortal sins. In its
-Penitentials sins of unchastity were the favourite topic; and its
-horror of them finds an echo in the secular legislation of the
-first Christian emperors. Panders were condemned to have molten
-lead poured down their throats.[80] In the case of forcible
-seduction both the man and woman, if she consented to the act,
-were put to death.[81] Even the innocent offspring of illicit
-intercourse were punished for their parents' sins with ignominy
-and loss of certain rights which belonged to other, more
-respectable, members of the Church and the State.[82] Persons of
-different sex {432} who were not united in wedlock were forbidden
-by the Church to kiss each other; nay, the sexual desire itself,
-though unaccompanied by any external act, was regarded as sinful
-in the unmarried.[83] In this standard of purity no difference of
-sex was recognised, the same obligations being imposed upon man
-and woman.[84]
-
-[Footnote 80: Lecky, _op. cit._ ii. 316.]
-
-[Footnote 81: _Codex Theodosianus_, ix. 24. 1.]
-
-[Footnote 82: _Concilium Claromontanum_, A.D. 1095, can. 11
-(Labbe-Mansi, _Sacrorum Conciliorum collectio_, xx. 817):--"Ut
-nulli filii concubinarum ad ordines vel aliquos honores
-ecclesiasticos promoveantur, nisi monchaliter vel canonice
-vixerint in ecclesia." See also _supra_, i. 47.]
-
-[Footnote 83: "Perit ergo et ipsa mente virginitas." Katz,
-_Grundriss des kanonischen Strafrechts_, p. 114 _sq._ For the
-subject of kissing see also Thomas Aquinas, _Summa theologica_,
-ii.-ii. 154. 4.]
-
-[Footnote 84: Laurent, _Études sur l'histoire de l'Humanité_,
-iv. 114.]
-
-In this, as in so many other points of morals, however, there is
-a considerable discrepancy between Christian doctrine and public
-opinion in Christian countries. The gross and open immorality of
-the Middle Ages indicates how little the idea of sexual purity
-entered into the manners and opinions of the people. The
-influence of the ascetic doctrine of the Church was in fact quite
-contrary to its aspirations. The institution of clerical celibacy
-lowered the estimation of virtue by promoting vice. During the
-Middle Ages unchastity was regarded as an object of ridicule
-rather than censure, and in the comic literature of that period
-the clergy are universally represented as the great corrupters of
-domestic virtue.[85] Whether the tenet of chastity laid down by
-the code of Chivalry was taken more seriously may be fairly
-doubted. A knight, it was said, should be abstinent and
-chaste;[86] he should love only the virtues, talents, and graces
-of his lady;[87] and love was defined as the "chaste union of two
-hearts by virtue wrought."[88] But whilst the knight had certain
-claims as regards the virtue of his lady, whilst he probably was
-inclined to draw his sword only for a woman of fair reputation,
-and whilst he himself professed to aspire only to her lip or
-hand, we have reason to believe that the amours in which he
-indulged with her were of a far less delicate kind. Sainte-Palaye
-observes, "Jamais {433} on ne vit les m[oe]urs plus corrompues
-que du temps de nos Chevaliers, et jamais le règne de la débauche
-ne fut plus universel."[89] For a mediæval knight the chief
-object of life was love. He who did not understand how to win a
-lady was but half a man; and the difference between a lover and a
-seducer was apparently slight. The character of the seducer, as
-Mr. Lecky remarks, and especially of the passionless seducer who
-pursues his career simply as a kind of sport, and under the
-influence of no stronger motive than vanity or a spirit of
-adventure, has for many centuries been glorified and idealised in
-the popular literature of Christendom in a manner to which there
-is no parallel in antiquity.[90]
-
-[Footnote 85: Wright, _Essays on Archæological Subjects_, ii.
-238. _Cf._ _Idem_, _History of Domestic Manners and Sentiments in
-England during the Middle Ages_, pp. 54, 281, 420.]
-
-[Footnote 86: _Book of the Ordre of Chyualry_, fol. 40.]
-
-[Footnote 87: Sainte-Palaye, _Mémoires sur l'ancienne
-Chevalerie_, ii. 17.]
-
-[Footnote 88: Mills, _History of Chivalry_, i. 214 _sq._]
-
-[Footnote 89: Sainte-Palaye, _op. cit._ ii. 19. _Cf._ Walter
-Scott, 'Essay on Chivalry,' in _Miscellaneous Prose Works_, vi.
-48 _sq._]
-
-[Footnote 90: Lecky, _op. cit._ ii. 346. _Cf._ Delécluze, _Roland
-ou la Chevalerie_, i. 356.]
-
-The Reformation brought about some change for the better, if in
-no other respect at least by making marriage lawful for a large
-class of people to whom illicit love had previously been the only
-means of gratifying a natural desire, and by abolishing the
-monasteries. In fits of religious enthusiasm even the secular
-legislators busied themselves with acts of incontinence in which
-two unmarried adults of different sex were consenting parties. In
-the days of the Commonwealth, according to an act of 1650, in
-cases of less serious breach of chastity than adultery and
-incest, each man or woman was for each offence to be committed to
-the common gaol for three months, and to find sureties for good
-behaviour during a whole year afterwards.[91] In Scotland, after
-the Reformation, fornication was punished with a severity nearly
-equal to that which attended the infraction of the marriage
-vow.[92] But the fate of these and similar laws has been either
-to be repealed or to become inactive.[93] For ordinary acts of
-incontinence public opinion is, practically at least, the only
-judge. In the case of female unchastity its sentence is {434}
-severe enough among the upper ranks of society, whilst, so far as
-the lower classes are concerned, it varies considerably even in
-different parts of the same country, and is in many cases
-regarded as venial. As to similar acts committed by unmarried
-men, the words which Cicero uttered on behalf of C[oe]lius might
-be repeated by any modern advocate who, in defending his client,
-ventured frankly to express the popular opinion on the subject.
-It seems to me that with regard to sexual relations between
-unmarried men and women Christianity has done little more than
-establish a standard which, though accepted perhaps in theory, is
-hardly recognised by the feelings of the large majority of
-people--or at least of men--in Christian communities, and has
-introduced the vice of hypocrisy, which apparently was little
-known in sexual matters by pagan antiquity.
-
-[Footnote 91: Pike, _History of Crime in England_, ii. 182.]
-
-[Footnote 92: Rogers, _Social Life in Scotland_, ii. 242.]
-
-[Footnote 93: See Pike, _op. cit._ ii. 582; Hume, _Commentaries
-on the Law of Scotland_, ii. 333.]
-
-Why has sexual intercourse between unmarried people, if both
-parties consent, come to be regarded as wrong? Why are the moral
-opinions relating to it subject to so great variations? Why is
-the standard commonly so different for man and woman? We shall
-now try to find an answer to these questions.
-
-If marriage, as I am inclined to suppose, is based on an instinct
-derived from some ape-like progenitor, it would from the
-beginning be regarded as the natural form of sexual intercourse
-in the human race, whilst other more transitory connections would
-appear abnormal and consequently be disapproved of. I am not
-certain whether some feeling of this sort, however vague, is not
-still very general in the race. But it has been more or less or
-almost totally suppressed by social conditions which make it in
-most cases impossible for men to marry at the first outbreak of
-the sexual passion. We have thus to seek for some other
-explanation of the severe censure passed on pre-nuptial connections.
-
-It seems to me obvious that this censure is chiefly due to the
-preference which a man gives to a virgin bride. As I have shown
-in another place, such a preference is a {435} fact of very
-common occurrence.[94] It partly springs from a feeling akin to
-jealousy towards women who have had previous connections with
-other men, partly from the warm response a man expects from a
-woman whose appetites he is the first to gratify, and largely
-from an instinctive appreciation of female coyness. Each sex is
-attracted by the distinctive characteristics of the opposite sex,
-and coyness is a female quality. In mankind, as among other
-mammals, the female requires to be courted, often endeavouring
-for a long time to escape from the male. Not only in civilised
-countries may courtship mean a prolonged making of love to the
-woman. Mariner's words with reference to the women of Tonga hold
-true of a great many, if not all, savage and barbarous races of
-men. "It must not be supposed," he says, "that these women are
-always easily won; the greatest attentions and most fervent
-solicitations are sometimes requisite, even though there be no
-other lover in the way."[95] The marriage ceremonies of many
-peoples bear testimony to the same fact. One origin of the form
-of capture is the resistance of the pursued woman, due to
-coyness, partly real and partly assumed.[96] On the East Coast of
-Greenland, for instance, the only method of contracting a
-marriage is for a man to go to the girl's tent, catch her by her
-hair or anything else which offers a hold, and drag her off to
-his dwelling without further ado; violent scenes are often the
-result, as single women always affect the utmost bashfulness and
-aversion to any proposal of marriage, lest they should lose their
-reputation for modesty.[97] It is certainly not the woman who
-most readily yields to the desires of a man that is most
-attractive to him; as an ancient writer puts it, all men love
-seasoned dishes, not plain meats, or plainly dressed {436} fish,
-and it is modesty that gives the bloom to beauty.[98] Conspicuous
-eagerness in a woman appears to a man unwomanly, repulsive,
-contemptible. His ideal is the virgin; the libertine he despises.
-
-[Footnote 94: Westermarck, _op. cit._ p. 123 _sq._]
-
-[Footnote 95: Mariner, _op. cit._ ii. 174. _Cf._ Fritsch, _Die
-Eingeborenen Süd-Afrika's_, p. 445 (Bushmans).]
-
-[Footnote 96: _Cf._ Spencer, _Principles of Sociology_, i. 623
-_sq._; _Idem_, in _Fortnightly Review_, xxi. 897 _sq._;
-Westermarck, _op. cit._ p. 388; Grosse, _Die Formen der Familie_,
-p. 107; Crawley, _The Mystic Rose_, p. 305 _sq._]
-
-[Footnote 97: Nansen, _First Crossing of Greenland_, i. 316 _sqq._]
-
-[Footnote 98: Athenæus, _Deipnosophistæ_, xiii. 16.]
-
-Where marriage is the customary form of sexual intercourse
-pre-nuptial incontinence in a woman, as suggesting lack of
-coyness and modesty, is therefore apt to disgrace her. At the
-same time it is a disgrace to, and consequently an offence
-against, her family, especially where the ties of kinship are
-strong. Moreover, where wives are purchased the unchaste girl, by
-lowering her market value, deprives her father or parents of part
-of their property. Among the Tshi-speaking peoples of the Gold
-Coast, says Major Ellis, "chastity _per se_ is not understood. An
-unmarried girl is expected to be chaste because virginity
-possesses a marketable value, and were she to be unchaste her
-parents would receive little and perhaps no head-money for
-her."[99] Among the Rendile of Eastern Africa, we are told, the
-unchastity of unmarried girls meets with severe retribution, the
-girl invariably being driven out from her home, for the sole and
-simple reason that her market value to her parents has been
-decreased.[100] The same commercial point of view is expressed in
-the Mosaic rule:--"If a man entice a maid that is not betrothed,
-and lie with her, he shall surely endow her to be his wife. If
-her father utterly refuse to give her unto him, he shall pay
-money according to the dowry of virgins."[101] But the girl is
-not the only offender. Whilst the disgrace of incontinence falls
-on her alone, the offence against her relatives is divided
-between her and the seducer. Speaking of the presents which,
-among the Thlinkets, a man is bound to give to the parents of the
-girl whom he has seduced, Sir James Douglas observes, "The
-offender is simply regarded as a robber, who has committed
-depredation on their merchandise, their only anxiety being to
-make the {437} damages exacted as heavy as possible."[102]
-Marriage by purchase has thus raised the standard of female
-chastity, and also, to some extent, checked the incontinence of
-the men. But it can certainly not be regarded as the sole cause
-of the duty of chastity where such a duty is recognised by
-savages. Among the Veddahs, who do not make their daughters
-objects of traffic,[103] the unmarried girls are nevertheless
-protected by their natural guardians "with the keenest sense of
-honour."[104] In many of the instances quoted above where a
-seduction is followed by more or less serious consequences for
-the seducer, the penalty he has to pay is evidently something
-else than the mere market value of the girl.
-
-[Footnote 99: Ellis, _Tshi-speaking Peoples_, p. 286.]
-
-[Footnote 100: Chanler, _Through Jungle and Desert_, p. 317.]
-
-[Footnote 101: _Exodus_, xxii. 16 _sq._]
-
-[Footnote 102: Douglas, quoted by Petroff, _op. cit._ p. 177.]
-
-[Footnote 103: Le Mesurier, 'Veddás of Ceylon,' in _Jour. Roy.
-Asiatic Soc. Ceylon Branch_, ix. 340. Hartshorne, 'Weddas,' in
-_Indian Antiquary_, viii. 320.]
-
-[Footnote 104: Nevill, 'Vaeddas of Ceylon,' in _Taprobanian_,
-i. 178.]
-
-Thus the men, by demanding that the women whom they marry shall
-be virgins, indirectly give rise to the demand that they
-themselves shall abstain from certain forms of incontinence. From
-my collection of facts relating to savages I find that in the
-majority of cases where chastity is required of unmarried girls
-the seducer also is considered guilty of a crime. But, as was
-just pointed out, his act is judged from a more limited point of
-view. It is chiefly, if not exclusively, regarded as an offence
-against the parents or family of the girl; chastity _per se_ is
-hardly required of savage men. Where prostitution exists they may
-without censure gratify their passions among its victims. Now, to
-anybody who duly reflects upon the matter it is clear that the
-seducer does a wrong to the woman also; but I find no indication
-that this idea occurs at all to the savage mind. Where the
-seducer is censured the girl also is censured, being regarded not
-as the injured party but as an injurer. Even in the case of rape
-the harm done to the girl herself is little thought of. Among the
-Tonga Islanders "rape, providing it be not upon a married woman
-or one to whom respect is due on the score of {438} superior rank
-from the perpetrator, is considered not as a crime but as a
-matter of indifference."[105] The same is the case in the Pelew
-Islands.[106] In the laws of the Rejangs of Sumatra referring to
-this offence, "there is hardly anything considered but the value
-of the girl's person to her relations, as a mere vendible
-commodity."[107] Among the Asiniboin, a Siouan tribe, the
-punishment for rape is based on the principle that the price of
-the woman has been depreciated, that the chances of marriage have
-been lessened, and that the act is an insult to her kindred, as
-implying contempt of their feelings and their power of
-protection.[108] Even the Teutons in early days hardly severed
-rape from abduction, the kinsmen of the woman feeling themselves
-equally wronged in either case.[109] If the girl's feelings are
-thus disregarded when she is an unwilling victim of violence, it
-can hardly be expected that she should be an object of pity when
-she is a consenting partner. Does not public opinion in the midst
-of civilisation turn against the dishonoured rather than the
-dishonourer?
-
-[Footnote 105: Mariner, _op. cit._ ii. 107.]
-
-[Footnote 106: Kubary, 'Die Verbrechen und das Strafverfahren auf
-den Pelau-Inseln,' in _Original-Mittheil. aus der ethnol.
-Abtheil. der königl. Museen Berlin_, i. 78.]
-
-[Footnote 107: Crawfurd, _History of the Indian Archipelago_,
-iii. 130.]
-
-[Footnote 108: Dorsey, 'Siouan Sociology,' in _Ann. Rep. Bur.
-Ethn._ xv. 226.]
-
-[Footnote 109: Brunner, _Deutsche Rechtsgeschichte_ ii. 666.
-Pollock and Maitland, _History of English Law before the Time of
-Edward I._ ii. 490. According to Salic law, the fine for the rape
-of an _ingenua puella_ was 62½ solidi, or only a little higher
-than the fine for a connection with her to which she herself
-consented (_Lex Salica_, Herold's text, xiv. 4; xv. 3); whereas
-the fine for adultery with a free woman was 200 solidi (_ibid._
-xv. 1).]
-
-There is yet another party to be considered, namely, the
-offspring. One would imagine that to every thinking mind, not
-altogether destitute of sympathetic feelings, the question what
-is likely to happen to the child if the woman becomes pregnant
-should present itself as one of the greatest gravity. But in
-judging of matters relating to sexual morality men have generally
-made little use of their reason and been guilty of much
-thoughtless cruelty. Although marriage has come into existence
-solely for the sake of the offspring, it rarely happens that in
-sexual relations much unselfish thought is bestowed upon unborn
-{439} individuals. Legal provisions in favour of illegitimate
-children have made men somewhat more careful, for their own sake,
-but they have also nourished the idea that the responsibility of
-fatherhood may be bought off by the small sum the man has to pay
-for the support of his natural child. Custom or law may exempt
-him even from this duty. We are told that in Tahiti the father
-might kill a bastard child, but that, if he suffered it to live,
-he was _eo ipso_ considered to be married to its mother.[110]
-This custom, it would seem, is hardly more inhuman than the
-famous law according to which "la recherche de la paternité est
-interdite."[111]
-
-[Footnote 110: Cook, _Voyage to the Pacific Ocean_, ii. 157.]
-
-[Footnote 111: _Code Napoléon_, § 340.]
-
-The great authority on the ethics of Roman Catholicism tries to
-prove that simple fornication is a mortal sin chiefly because it
-"tends to the hurt of the life of the child who is to be born of
-such intercourse," or more generally, because "it is contrary to
-the good of the offspring."[112] But this tender care for the
-welfare of illegitimate children seems strange when we consider
-the manner in which such children have been treated by the Roman
-Catholic Church herself. It is obvious that the extreme horror of
-fornication which is expressed in the Christian doctrine is in
-the main a result of the same ascetic principle which declared
-celibacy superior to marriage and tolerated marriage only because
-it could not be suppressed.
-
-[Footnote 112: Thomas Aquinas, _Summa theologica_, ii.-ii. 154. 2.]
-
-Moral ideas concerning unchastity have also been influenced by
-the close association which exists in a refined mind between the
-sexual impulse and a sentiment of affection which lasts long
-after the gratification of the bodily desire. We find the germ of
-this feeling in the abhorrence with which prostitution is
-regarded by savage tribes who have no objection to ordinary
-sexual intercourse previous to marriage,[113] and in the
-distinction which among ourselves is drawn between the prostitute
-and the woman {440} who yields to temptation because she loves.
-To indulge in mere sexual pleasure, unaccompanied by higher
-feelings, appears brutal and disgusting in the case of a man, and
-still more so in the case of a woman. After all, love is
-generally only an episode in a man's life, whereas for a woman it
-is the whole of her life.[114] The Greek orator said that in the
-moment when a woman loses her chastity her mind is changed.[115]
-On the other hand, when a man and a woman, tied to each other by
-deep and genuine affection, decide to live together as husband
-and wife, though not joined in legal wedlock, the censure which
-public opinion passes upon their conduct seems to an unprejudiced
-mind justifiable at most only in so far as it may be considered
-to have been their duty to comply with the laws of their country
-and to submit to a rule of some social importance.
-
-[Footnote 113: _E.g._, the Chittagong Hill tribes (Lewin, _Wild
-Races of South-Eastern India_, p. 348). _Cf._ Westermarck, _op.
-cit._ p. 70 _sq._]
-
-[Footnote 114: _Cf._ Simmel, _Einleitung in die Moralwissenschaft_,
-i. 201; Paulsen, _System der Ethik_, ii. 274.]
-
-[Footnote 115: Lysias, quoted by Schmidt, _Die Ethik der alten
-Griechen_, i. 273.]
-
-Sexual intercourse between unmarried persons of opposite sex is
-thus regarded as wrong from different points of view under
-different conditions, social or psychical, and all of these
-conditions are not in any considerable degree combined at any
-special stage of civilisation. Sometimes the opinions on the
-subject are greatly influenced by the institution of marriage by
-purchase, sometimes they are influenced by the refinement of
-love; and between such causes there can be no co-operation. This
-is one reason for the singular complexity which characterises the
-evolution of the duty of chastity; but there is another reason
-perhaps even more important. The causes to which this duty may be
-traced are frequently checked by circumstances operating in an
-opposite direction. Thus the preference which a man is naturally
-disposed to give to a virgin bride may be overcome by his desire
-for offspring, inducing him to marry a woman who has proved
-capable of gratifying this desire.[116] It may also be
-ineffective for the simple reason that no virgin bride is to be
-found. Nothing has more generally prevented chastity {441} from
-being recognised as a duty than social conditions promoting
-licentious habits. Even in savage society, where almost every man
-and every woman marry and most of them marry early in life, there
-are always a great number of unmarried people of both sexes above
-the age of puberty; and, generally speaking, the number of the
-unmarried increases along with the progress of civilisation. This
-state of things easily leads to incontinence in men and women,
-and where such incontinence becomes habitual it can hardly incur
-much censure. Again, where the general standard of female
-chastity is high, the standard of male chastity may nevertheless
-be the lowest possible. This is the case where there is a class
-of women who can no longer be dishonoured, because they have
-already been dishonoured, whose virtue is of no value either to
-themselves or their families because they have lost their virtue,
-and who make incontinence their livelihood. Prostitution, being a
-safeguard of female chastity, has facilitated the enforcement of
-the rule which enjoins it as a duty, but at the same time it has
-increased the inequality of obligations imposed on men and women.
-It has begun to exercise this influence already at the lower
-stages of culture. Prostitution is by no means unknown in the
-savage world.[117] It is a recognised institution in many of the
-Melanesian islands; "at Santa Cruz," says Dr. Codrington, "where
-the separation of the sexes is so carefully maintained, there are
-certainly public courtesans."[118] Prostitution prevails in many
-or most Negro countries;[119] and so favourably, we are told, is
-this institution sometimes regarded, that rich Negro ladies on
-their death-beds buy female slaves and present them to the
-public, "in the same manner as in England they would have left a
-legacy to some public charity."[120] The Wanyoro even have a
-{442} definite system of prostitution, governed by stringent laws
-which seem to be very old.[121] In Greenland, where it was
-"reckoned the greatest of infamies" for an unmarried woman to
-become pregnant,[122] there were professional harlots already in
-early times;[123] and the same was the case among many of the
-North American Indians.[124] Thus among the Omahas
-extra-matrimonial intercourse is, as a rule, practised only with
-public women, called _minckeda_; and "so strict are the Omahas
-about these matters, that a young girl or even a married woman
-walking or riding alone, would be ruined in character, being
-liable to be taken for a _minckeda_, and addressed as such."[125]
-Public prostitution was tolerated, if not encouraged, among all
-the Maya nations, whilst intercourse with other unmarried women
-was punished with a fine or, if the affronted relatives insisted,
-with death.[126] "In order to avoid greater evils," the Incas of
-Peru permitted public prostitutes, who were treated with extreme
-contempt;[127] but, with this exception, "to be lewd with single
-women was capital."[128] Among all the civilised nations of the
-Old World prostitution has existed, and still exists, as a
-tolerated institution, even where legislators have endeavoured to
-suppress it.[129] Its prevalence in our modern society greatly
-increases the perplexity of public opinion in regard to sexual
-morality. Its victims are degraded and despised beyond
-description. At the same time their male customers {443} are
-tacitly allowed to support the trade. That the demand for a
-merchandise increases the production of it is in this case seldom
-thought of. But secrecy must be observed. In sexual matters
-openness is indecent, and the chief crime is to be found out.
-
-[Footnote 116: See _supra_, ii. 423.]
-
-[Footnote 117: See, _e.g._, Tutuila, 'Line Islanders,' in _Jour.
-Polynesian Soc._ i. 270; Powell, _Wanderings in a Wild Country_,
-p. 261 (natives of New Britain); Davis, _El Gringo_, p. 221
-(Indians of New Mexico); Ploss-Bartels, _Das Weib_, i. 536, 540
-_sqq._]
-
-[Footnote 118: Codrington, _Melanesians_, p. 234 _sqq._]
-
-[Footnote 119: _Emin Pasha in Central Africa_, p. 88.]
-
-[Footnote 120: Reade, _Savage Africa_, p. 547 _sq._]
-
-[Footnote 121: _Emin Pasha in Central Africa_, p. 87. Wilson and
-Felkin, _Uganda_, ii. 49.]
-
-[Footnote 122: Egede, _Description of Greenland_, p. 141.]
-
-[Footnote 123: Cranz, _History of Greenland_, i. 176.]
-
-[Footnote 124: Carver, _Travels through the Interior Parts of
-North America_, p. 375.]
-
-[Footnote 125: Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur.
-Ethn._ iii. 365.]
-
-[Footnote 126: Bancroft, _Native Races of the Pacific States_,
-ii. 676, 659.]
-
-[Footnote 127: Garcilasso de la Vega, _First Part of the Royal
-Commentaries of the Yncas_, i. 321 _sq._]
-
-[Footnote 128: Herrera, _General History of the West Indies_,
-iv. 340.]
-
-[Footnote 129: Dufour, _Histoire de la prostitution_, _passim_.
-Doolittle, _Social Life of the Chinese_, i. 348. Wilkins, _Modern
-Hinduism_, p. 412. Polak, 'Die Prostitution in Persien,' in
-_Wiener Medizinische Wochenschrift_, xi. 516, 517, 563 _sqq._
-Lane, _Modern Egyptians_, i. 150. Weinhold, _Altnordisches
-Leben_, p. 259 (ancient Scandinavians). Desmaze, _Les pénalités
-anciennes_, p. 61 _sq._ n. 4; Mackintosh, _History of
-Civilisation in Scotland_, i. 428 (Middle Ages); &c. Since the
-thirteenth century even the Church tolerated the establishment of
-brothels in the larger cities (Müller, _Das sexuelle Leben der
-christlichen Kulturvölker_, p. 149).]
-
-There is, moreover, a form of religious prostitution, just as
-there is religious celibacy. In fact, the two customs are
-sometimes very closely connected with one another. Among the
-E[(w]e-speaking peoples of the Slave Coast the chief business of
-the female _kosi_, or wife of the god to whom she is dedicated,
-is prostitution. "In every town there is at least one institution
-in which the best-looking girls, between ten and twelve years of
-age, are received. Here they remain for three years, learning the
-chants and dances peculiar to the worship of the gods, and
-prostituting themselves to the priests and the inmates of the
-male seminaries; and at the termination of their novitiate they
-become public prostitutes. This condition, however, is not
-regarded as one for reproach; they are considered to be married
-to the god, and their excesses are supposed to be caused and
-directed by him. Properly speaking, their libertinage should be
-confined to the male worshippers at the temple of the god, but
-practically it is indiscriminate. Children who are born from such
-unions belong to the god."[130] So also the priestesses on the
-Gold Coast, though not allowed to marry, are by no means debarred
-from sexual intercourse. They "are ordinarily most licentious,
-and custom allows them to gratify their passions with any man who
-may chance to take their fancy. A priestess who is favourably
-impressed by a man sends for him to her house, and this command
-he is sure to obey, through fear of the consequences of exciting
-her anger. She then tells him that the god she serves has
-directed her to love him, and the man thereupon lives with her
-until she grows tired of him, or a new object takes her fancy.
-Some priestesses have as many as half a dozen men in their train
-at one time, and may on great occasions be seen walking {444} in
-state, followed by them. Their life is one continual record of
-debauchery and sensuality, and when excited by the dance they
-frequently abandon themselves to the wildest excesses."[131] It
-seems that the "wife" of the Egyptian god at Thebes also in time
-became a libertine; Strabo tells us that the beautiful woman who
-was dedicated to him had sexual intercourse with any man she
-chose "till the natural purification of her body took place,"
-after which she was given to a man.[132] In India every Hindu
-temple of any importance has its dancing girls, whose position is
-inferior only to that of the sacrificers.[133] Thus at
-J[)u]g[)u]nnat'h[)u]-ksh[)u]tr[)u] in Orissa a number of women of
-infamous character are employed to dance and sing before the god.
-They live in separate houses, not at the temple. The Brahmins who
-officiate there continually have adulterous connections with
-them, and these women also prostitute themselves to
-visitors.[134] In the Canaanitish cults there were women, called
-_[k.]ed[=e]sh[=o]th_, who were consecrated to the deity with
-whose temple they were associated, and who at the same time acted
-as prostitutes.[135] At the local shrines of North Israel the
-worship of Yahveh itself was deeply affected by these
-practices;[136] but they were forbidden in the Deuteronomic
-code.[137] Perhaps this temple prostitution may be accounted for
-by a belief that it bestowed blessings upon the worshippers.
-According to notions which prevail to this day in countries with
-Semitic culture, sexual intercourse with a holy person is
-regarded as beneficial to him or her who indulges in it.[138]
-
-[Footnote 130: Ellis, _E[(w]e-speaking Peoples_, p. 141.]
-
-[Footnote 131: Ellis, _Tshi-speaking Peoples_, p. 121 _sq._]
-
-[Footnote 132: Strabo, _Geographica_, xvii. i. 46. _Cf._
-Wiedemann, _Herodots zweites Buch_, p. 269.]
-
-[Footnote 133: Warneck, quoted by Ploss-Bartels, _op. cit._ i. 534.]
-
-[Footnote 134: Ward, _View of the History, &c. of the Hindoos_,
-ii. 134.]
-
-[Footnote 135: Driver, _Commentary on Deuteronomy_, p. 264.
-Cheyne, 'Harlot,' in Cheyne and Black, _Encyclopædia Biblica_,
-ii. 1965.]
-
-[Footnote 136: _Hosea_, iv. 14. _Cf._ Cheyne, in _Encyclopædia
-Biblica_, ii. 1965.]
-
-[Footnote 137: _Deuteronomy_, xxiii. 17 _sq._]
-
-[Footnote 138: See Westermarck, _The Moorish Conception of
-Holiness (Baraka)_, p. 85.]
-
-Of a somewhat different character was the religious prostitution
-which prevailed in ancient Babylonia, in connection with the
-worship of Ishtar. Herodotus says that every woman born in that
-country was obliged once in her {445} life to go and sit down in
-the precinct of Aphrodite, and there consort with a stranger. A
-woman who had once taken her seat was not allowed to return home
-till one of the strangers threw a silver coin into her lap, and
-took her with him beyond the holy ground. The silver coin could
-not be refused because, since once thrown, it was sacred. The
-woman went with the first man who threw her money, rejecting no
-one. When she had gone with him, and so satisfied the goddess,
-she returned home, and from that time forth no gift, however
-great, would prevail with her.[139] Several allusions in
-cuneiform literature to the sacred prostitution carried on at
-Babylonian temples confirm Herodotus' statement in general.[140]
-A cult very similar to this was also found in certain parts of
-the island of Cyprus,[141] at Heliopolis in Syria,[142] and at
-Byblus.[143] In the worship of Anaitis the Armenians even of the
-highest families prostituted their own daughters at least once in
-their lives, nor was this regarded as any bar to an honourable
-marriage afterwards.[144] Although such practices were generally
-excluded from the ordinary Greek worships of Aphrodite,
-unchastity in the temple cult of that goddess is reported to have
-occurred at Corinth[145] and in the city of the Locri
-Epizephyrii, who, according to the story, vowed to consecrate
-their daughters to this service in order to gain the goddess's
-aid in a war.[146]
-
-[Footnote 139: Herodotus, i. 199.]
-
-[Footnote 140: Jeremias, _Izdubar-Nimrod_, p. 59 _sq._ Jastrow,
-_Religion of Babylonia and Assyria_, p. 475 _sq._ Mürdter-Delitzsch,
-_Geschichte Babyloniens_, p. 41.]
-
-[Footnote 141: Herodotus, i. 199. Athenæus, _Deipnosophistæ_,
-xii. 11, p. 516 a.]
-
-[Footnote 142: Socrates, _Historia ecclesiastica_, 18 (Migne,
-_op. cit._ Ser. Græca, lxvii. 123). Sozomen, _Historia
-ecclesiastica_, v. 10 (Migne, Ser. Græca, lxvii. 1243). Eusebius,
-_Vita Constantini_, iii. 58 (Migne, Ser. Græca, xx. 1124).]
-
-[Footnote 143: Lucian, _De Syria Dea_, 6.]
-
-[Footnote 144: Strabo, xi. 14. 16.]
-
-[Footnote 145: _Ibid._ viii. 6. 20.]
-
-[Footnote 146: Farnell, _Cults of the Greek States_, ii. 636.
-Athenæus, xii. 11, p. 516 a.]
-
-Various theories have been set forth to explain the religious
-prostitution of the Babylonian type. It has been interpreted as
-an expiation for individual marriage, as a temporary recognition
-of pre-existing communal rights at a time when "communal
-marriage" in the full sense of the term had already ceased to
-exist.[147] It {446} has been supposed to be nothing but ordinary
-immorality practised under the cloak of religion.[148] It has
-been represented as a form of sacrifice, either as a first-fruit
-offering[149] or as an act by which a worshipper sacrifices her
-most precious possession to the deity.[150] To Dr. Farnell it
-seems to be "a special modification of a wide-spread custom, the
-custom of destroying virginity before marriage so that the
-bridegroom's intercourse should be safe from a peril that is much
-dreaded by men in a certain stage of culture; and here, as in
-other ritual," he adds, "it is the stranger that takes the peril
-upon himself."[151] But why should the stranger have been more
-willing than the bridegroom to expose himself to this danger?
-Considering that the act was performed at the temple of the
-goddess of fecundity, I think its object most probably was to
-ensure fertility in the woman; this, in fact, is directly
-indicated by the words which the stranger, according to
-Herodotus, uttered when he threw the silver coin into her
-lap:--"The goddess Mylitta prosper thee!"[152] And from what has
-been said in a previous chapter about the semi-supernatural
-character ascribed to strangers, about the efficacy of their
-blessings and the benefits expected from their love,[153] we can
-see why a stranger was appointed to confer the blessing upon the
-girl.[154]
-
-[Footnote 147: Avebury, _Origin of Civilisation_, p. 559.]
-
-[Footnote 148: Jeremias, _Izdubar-Nimrod_, p. 60.]
-
-[Footnote 149: Wiedemann, _Herodots zweites Buch_, p. 267 _sq._]
-
-[Footnote 150: Curtiss, _Primitive Semitic Religion To-day_,
-p. 155.]
-
-[Footnote 151: Farnell, 'Sociological Hypotheses concerning the
-Position of Women in Ancient Religion,' in _Archiv f.
-Religionswiss._ vii. 88.]
-
-[Footnote 152: Herodotus, i. 199.]
-
-[Footnote 153: _Supra_, i. ch. xxiv.]
-
-[Footnote 154: Since the present chapter was in type, some fresh
-attempts have been made to explain this religious prostitution.
-Sir J. G. Frazer (_Adonis Attis Osiris_, p. 23 _sq._) regards it
-as a rite intended to ensure the fruitfulness of the ground and
-the increase of man and beast on the principle of hom[oe]opathic
-magic. A very similar opinion has been expressed by Dr. Havelock
-Ellis ('Ursprung und Entwicklung der Prostitution,' in
-_Mutterschutz_, iii. fasc. 1 _sq._). According to Mr. Hartland,
-again ('Concerning the Rite at the Temple of Mylitta,' in
-_Anthropological Essays presented to E. B. Tylor_, p. 189
-_sqq._), it was a puberty rite involving a sacrifice of virginity
-to which every woman was subjected. [My own theory has
-subsequently been accepted by van Gennep, _Les rites de passage_,
-p. 242 _sq._]]
-
-Among ourselves an act of incontinence assumes a {447} different
-aspect if one of the parties, either the man or the woman, is
-married. Involving a breach of faith, adultery is an offence
-against him or her to whom faith is due, and at the same time the
-seducer commits an offence against the husband of the adulteress.
-But here again our own views are not universally shared.
-
-Although it is hard to understand that the seducer could ever be
-regarded as guiltless, we are told that among a few peoples
-adultery is not held to be wrong;[155] and Mr. Morgan states that
-among the Iroquois "punishment was inflicted upon the woman
-alone, who was supposed to be the only offender."[156] But these
-cases are certainly quite exceptional. In a savage tribe a
-seducer may be thankful if he escapes by paying to the injured
-husband the value of the bride or some other fine, or if the
-penalty is reduced to a flogging, to his head being shaved, his
-ears cut off, one of his eyes destroyed, or his legs speared.
-Very commonly he has to pay with his life. We have seen that even
-among many peoples who generally prohibit self-redress an
-adulterer may be put to death by the aggrieved husband,
-especially if he be caught _flagrante delicto_;[157] and in other
-cases he may be subject to capital punishment, in the proper
-sense of the word.[158] In Albania, even in our days, custom not
-only allows, but compels, the injured husband to kill the
-adulterer.[159] Hebrew law enjoined the man who committed
-adultery with another man's wife to be put to death;[160] and
-Christian legislators followed the example. Constantine
-celebrated his new zeal for the sacramental idea of marriage by
-establishing the punishment of death for the seducer;[161]
-adultery was in point of {448} heinousness assimilated to murder,
-idolatry, and sorcery.[162] Various mediæval law-books punished
-the seducer with death;[163] whilst in Scotland notorious and
-manifest adultery was made capital as late as 1563.[164] This
-extreme severity, however, has been followed by extreme leniency.
-In Scotland, though adultery kept its place in the statute-book
-as a heinous and in some cases a capital crime, prosecution for
-it had ceased for many years before the time of Baron Hume;[165]
-and in England it is no crime at all in the eyes of the law, only
-an ecclesiastical offence.
-
-[Footnote 155: Davis, _El Gringo_, p. 221 _sq._ (Indians of New
-Mexico). Adair, _History of the American Indians_, p. 146
-(Cherokees). Krasheninnikoff, _History of Kamschatka_, p. 204.
-Prejevalsky, _Mongolia_, i. 70 (Mongols). Colquhoun, _Amongst the
-Shans_, p. 75 (Yendalines, one of the Karen tribes). Chanler,
-_op. cit._ p. 317 (Rendile in Eastern Africa). Lichtenstein,
-_Travels in Southern Africa_, ii. 48 (Bushmans).]
-
-[Footnote 156: Morgan, _League of the Iroquois_, p. 331.]
-
-[Footnote 157: _Supra_, i. 290 _sqq._]
-
-[Footnote 158: _Supra_, i. 189.]
-
-[Footnote 159: Hahn, _Albanesische Studien_, i. 177.]
-
-[Footnote 160: _Leviticus_, xx. 10. _Deuteronomy_, xxii. 22.]
-
-[Footnote 161: _Codex Justinianus_, ix. 9. 29. 4.]
-
-[Footnote 162: _Codex Theodosianus_, xi. 36. i. St. Basil, quoted
-by Bingham, _Works_, vi. 432 _sq._]
-
-[Footnote 163: Du Boys, _Histoire du droit criminel des peuples
-modernes_, ii. 606. _Idem_, _Histoire du droit criminel de
-l'Espagne_, p. 391.]
-
-[Footnote 164: Erskine-Rankine, _Principles of the Law of
-Scotland_, p. 563.]
-
-[Footnote 165: Hume, _Commentaries on the Law of Scotland_, ii. 302.]
-
-The punishment of the seducer often varies according to his rank,
-or according to that of the husband, or according to the relative
-rank of both, or according to the rank of the adulteress. Among
-the Monbuttu, if the guilty woman belongs to the royal household,
-the adulterer is put to death, whereas otherwise he is only
-compelled to pay an indemnity to the offended husband.[166] Among
-the E[(w]e-speaking peoples of the Slave Coast the fine imposed
-for adultery depends on the rank of the injured husband;[167] and
-the same principle is found in Anglo-Saxon law.[168] Among the
-Bakongo, again, the penalties for adultery "vary from capital
-punishment to a trifling fine, according to the station of the
-offender or the district he lives in."[169] Drury tells us that
-in the country of Anterndroea in Madagascar, "if a man lies with
-another man's wife who is superior to him, he forfeits thirty
-head of cattle besides beads and shovels a great number," whereas
-"if the men are of an equal rank, then twenty beasts are the
-fine."[170] According to the Chinese Penal Code, a slave who is
-guilty of criminal intercourse with the wife or daughter of a
-freeman, shall be punished at the least one degree more {449}
-severely than a freeman would have been under the same
-circumstances.[171] In India a man of one of the first three
-castes who committed adultery with a Sûdra woman was banished,
-but a Sûdra who committed adultery with a woman of one of the
-first three castes suffered capital punishment;[172] and an
-opinion is also quoted that for a Brâhmana who once was guilty of
-adultery with a married woman of equal class, the penance was
-one-fourth of that prescribed for an outcast.[173] In ancient
-Peru "an adulterer was punish'd with death, if the woman was of
-note, or else with the rack."[174]
-
-[Footnote 166: Casati, _Ten Years in Equatoria_, i. 163.]
-
-[Footnote 167: Ellis, _E[(w]e-speaking Peoples_, p. 202.]
-
-[Footnote 168: _Laws of Alfred_, ii. 10.]
-
-[Footnote 169: Johnston, _River Congo_, p. 404.]
-
-[Footnote 170: Drury, _Journal_, p. 183.]
-
-[Footnote 171: _Ta Tsing Leu Lee_, sec. ccclxxiii. p. 409.]
-
-[Footnote 172: _Âpastamba_, ii. 10. 27. 8 _sq._]
-
-[Footnote 173: _Ibid._ ii. 10. 27. 11.]
-
-[Footnote 174: Herrera, _op. cit._ iv. 338.]
-
-We find no difficulty in explaining all these facts. In early
-civilisation a husband has often extreme rights over his wife.
-The seducer encroaches upon a right of which he is most jealous,
-and with regard to which his passions are most easily inflamed.
-Adultery is regarded as an illegitimate appropriation of the
-exclusive claims which the husband has acquired by the purchase
-of his wife, as an offence against property.[175] It is said in
-the 'Laws of Manu' that "seed must not be sown by any man on that
-which belongs to another."[176] How closely the seducer is
-associated with a thief is illustrated by the fact that among
-some peoples he is punished as such, having his hands, or one of
-them, cut off.[177] Yet even among savages the offence is
-something more than a mere infringement of the right of
-ownership. The Kurile Islanders, says Krasheninnikoff, have an
-extraordinary way of punishing adultery: the husband of the
-adulteress challenges the adulterer to a combat. The result is
-generally the death of both the combatants; but it is held to be
-"as great dishonour to refuse this combat as to refuse an
-invitation to a duel among the people of Europe."[178] The
-passion of jealousy, the feeling of ownership, and the sense of
-honour, {450} thus combine to make the seducer's act an offence,
-and often a heinous offence, in the eyes of custom or law; and
-for the same reasons as in other offences the magnitude of guilt
-is here also influenced by the rank of the parties concerned.
-Modern legislation, on the other hand, does not to the same
-extent as early law and custom allow a man to give free vent to
-his angry passion; it regards the dishonour of the aggrieved
-husband as a matter of too private a character to be publicly
-avenged; and the faithfulness which a wife owes her husband is no
-longer connected with any idea of ownership. Moreover, the
-severity of earlier European laws against adultery was closely
-connected with Christianity's abhorrence of all kinds of
-irregular sexual intercourse; and secular legislation has more
-and more freed itself from the bondage of religious doctrine.
-
-[Footnote 175: See, _e.g._, Casalis, _Basutos_, p. 225; Burton,
-_Two Trips to Gorilla Land_, i. 77; Monrad, _Skildring af
-Guinea-Kysten_, p. 5; Letourneau, _L'évolution de la morale_,
-p. 154 _sq._]
-
-[Footnote 176: _Laws of Manu_, ix. 42.]
-
-[Footnote 177: Westermarck, _History of Human Marriage_, p. 130.]
-
-[Footnote 178: Krasheninnikoff, _History of Kamschatka_, p. 238.]
-
-Among some savage peoples it is the seducer only who suffers,
-whilst the unfaithful wife escapes without punishment.[179]
-Jealousy, in the first place, turns against the rival, and the
-seducer is the dishonourer and the thief. But, as a general rule,
-the unfaithful wife is also looked upon as an offender, and the
-punishment falls on both. She is discarded, beaten, or
-ill-treated in some way or other, and not infrequently she is
-killed. Often, too, she is disfigured by her enraged husband, so
-that no man may fall in love with her ever after.[180] Indeed, so
-strong is the idea that a wife belongs exclusively to her
-husband, that among several peoples she has to die with him;[181]
-and frequently a widow is prohibited from remarrying either for
-ever or for a certain period after the husband's death.[182] In
-ancient Peru widows generally continued to live single, as "this
-virtue was much commended in their laws and ordinances."[183] Nor
-is it in China considered proper {451} for a woman to contract a
-second marriage after her husband's death, and a lady of rank, by
-doing so, exposes herself to a penalty of eighty blows.[184] "As
-a faithful minister does not serve two lords, neither may a
-faithful woman marry a second husband"--this is to the Chinese a
-principle of life, a maxim generally received as gospel.[185]
-Among so-called Aryan peoples the ancient custom which ordained
-sacrifice of widows survived in the prohibitions issued against
-their marrying a second time.[186] Even now the bare mention of a
-second marriage for a Hindu woman would be considered the
-greatest of insults, and, if she married again, "she would be
-hunted out of society, and no decent person would venture at any
-time to have the slightest intercourse with her."[187] In
-Greece[188] and Rome[189] a widow's remarriage was regarded as an
-insult to her former husband; and so it is still regarded among
-the Southern Slavs.[190] The early Christians, especially the
-Montanists and Novatians, strongly disapproved of second
-marriages by persons of either sex;[191] a second marriage was
-described by them as a "kind of fornication,"[192] or as a
-"specious adultery."[193] It was looked upon as a manifest sign
-of incontinence, and also as inconsistent with the doctrine that
-marriage is an emblem of the union of Christ with the Church.[194]
-
-[Footnote 179: Westermarck, _op. cit._ p. 122. Macpherson,
-_Memorials of Service in India_, p. 133 (Kandhs). Batchelor,
-_Ainu of Japan_, p. 189 _sq._ Scaramucci and Giglioli, 'Notizie
-sui Danakil,' in _Archivio per l'antropologia e la etnologia_,
-xiv. 26.]
-
-[Footnote 180: Westermarck, _op. cit._ p. 122.]
-
-[Footnote 181: _Ibid._ p. 125 _sq._ _Supra_, i. 472 _sqq._]
-
-[Footnote 182: Westermarck, _History of Human Marriage_, p. 127
-_sqq._]
-
-[Footnote 183: Garcilasso de la Vega, _op. cit._ i. 305.]
-
-[Footnote 184: Gray, _China_, i. 215.]
-
-[Footnote 185: de Groot, _Religious System of China_, (vol. ii.
-book) i. 745.]
-
-[Footnote 186: Schrader, _Prehistoric Antiquities of the Aryan
-Peoples_, p. 391.]
-
-[Footnote 187: Dubois, _People of India_, p. 132.]
-
-[Footnote 188: Pausanias, ii. 21. 7.]
-
-[Footnote 189: Rossbach, _Römische Ehe_, p. 262.]
-
-[Footnote 190: Krauss, _Sitte und Brauch der Südslaven_, p. 578.
-_Cf._ Ralston, _Songs of the Russian People_, p. 115 (Bulgarians).]
-
-[Footnote 191: Mayer, _Die Rechte der Israeliten, Athener und
-Römer_, ii. 290. Bingham, _op. cit._ vi. 427 _sq._; viii. 13 _sq._]
-
-[Footnote 192: Tertullian, _De exhortatione castitatis_, 9
-(Migne, _Patrologiæ cursus_, ii. 924).]
-
-[Footnote 193: Athenagoras, _Legatio pro Christianis_, 33 (Migne,
-_op. cit._ Ser. Graeca, vi. 967).]
-
-[Footnote 194: Gibbon, _History of the Decline and Fall of the
-Roman Empire_, ii. 187. Lecky, _History of European Morals_, ii. 326.]
-
-Conjugal fidelity, whilst considered a stringent duty in the
-wife, is not generally considered so in the husband. This is
-obviously the rule among savage and barbarous tribes; but there
-are interesting exceptions to the rule. The Igorrotes of Luzon
-are so strictly monogamous that {452} in case of adultery the
-guilty party can be compelled to leave the hut and the family for
-ever,[195] and among various other monogamous savages adultery is
-said to be unknown.[196] The Dyak husband "preserves his vow of
-fidelity with a rectitude which makes jealousy a farce."[197] The
-Toungtha, who marry only one wife, do not consider it right for a
-master to take advantage of his position even with regard to the
-female slaves in his house.[198] Nay, the duty of fidelity in the
-husband has been recognised even by some savage peoples who allow
-polygamy. The Abipones, we are told, thought it both wicked and
-disgraceful to have any illicit intercourse with other women than
-their wives; hence adultery was almost unheard of among
-them.[199] Among the Omaha Indians, "if a woman's husband be
-guilty of adultery with another woman she may strike him or the
-guilty female in her anger," though she cannot claim
-damages.[200] In several tribes of Western Victoria a wife whose
-husband has been unfaithful to her "may make a complaint to the
-chief, who can punish the man by sending him away from his tribe
-for two or three moons";[201] and among some aborigines in New
-South Wales similar complaints may be made to the elders of the
-tribe, with the result that the adulterous husband may have to
-suffer for his conduct.[202] The Kandhs of India deny the married
-man certain prerogatives which are granted to his wife: whilst
-constancy to her husband is so far from being required in a wife,
-"that her pretensions do not, at least, suffer diminution in the
-eyes of either sex when fines are levied on her convicted
-lovers," infidelity in a married man is held to be highly
-dishonourable, and {453} is often punished with deprivation of
-many social privileges.[203]
-
-[Footnote 195: Meyer, in _Verhandl. Berliner Gesellsch. f.
-Anthrop._ 1883, p. 385.]
-
-[Footnote 196: Bailey, in _Trans. Ethn. Soc._ N. S. ii. 291 _sq._
-Hartshorne, in _Indian Antiquary_, viii. 320 (Veddahs). Finsch,
-_Neu-Guinea_, p. 101; Earl, _Papuans_, p. 81 (Papuans of Dorey).]
-
-[Footnote 197: Boyle, _Adventures among the Dyaks of Borneo_,
-p. 236. See also Low, _Sarawak_, p. 300 (Hill Dyaks).]
-
-[Footnote 198: Lewin, _Wild Races of South-Eastern India_, p. 193
-_sq._]
-
-[Footnote 199: Dobrizhoffer, _Account of the Abipones_, ii. 138.]
-
-[Footnote 200: Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur.
-Ethn._ iii. 364.]
-
-[Footnote 201: Dawson, _Australian Aborigines_, p. 33.]
-
-[Footnote 202: Nieboer, _Slavery as an Industrial System_, p. 18.]
-
-[Footnote 203: Macpherson, _Memorials of Service in India_, p. 133.]
-
-The duty which savages thus in certain instances have imposed on
-the husband is hardly at all recognised in the archaic State. The
-Mexicans "did not consider, nor did they punish, as adultery the
-trespass of a husband with any woman who was free, or not joined
-in matrimony; wherefore the husband was not bound to so much
-fidelity as was exacted from the wife," adultery in her being
-inevitably punished with death.[204] In China, where adultery in
-a woman is branded as one of the vilest crimes and the guilty
-wife is oftentimes "cut into small pieces," concubinage is a
-recognised institution of the country.[205] In Corea "conjugal
-fidelity--obligatory on the woman--is not required of the
-husband. . . . Among the nobles, the young bridegroom spends
-three or four days with his bride, and then absents himself from
-her for a considerable time, to prove that he does not esteem her
-too highly. Etiquette dooms her to a species of widowhood, while
-he spends his hours of relaxation in the society of his
-concubines. To act otherwise would be considered in very bad
-taste, and highly unfashionable."[206] In Japan, "while the man
-is allowed a loose foot, the woman is expected not only to be
-absolutely spotless, but also never to show any jealousy, however
-wide the husband may roam, or however numerous may be the
-concubines in his family."[207] According to Hebrew law adultery
-was a capital offence, but it presupposed that the guilty woman
-was another man's wife.[208] The "Aryan" nations in early times
-generally saw nothing objectionable in the unfaithfulness of a
-married man, whereas an adulterous wife was subject to the
-severest penalties.[209] Until some time after the introduction
-of Christianity among the Teutons their {454} law-books made no
-mention of the infidelity of husbands, because it was permitted
-by custom.[210] The Romans defined adultery as sexual intercourse
-with another man's wife; on the other hand, the intercourse of a
-married man with an unmarried woman was not regarded as
-adultery.[211] The ordinary Greek feeling on the subject is
-expressed in the oration against Neæra, ascribed to Demosthenes,
-where the licence accorded to husbands is spoken of as a matter
-of course:--"We keep mistresses for our pleasures, concubines for
-constant attendance, and wives to bear us legitimate children and
-to be our faithful house-keepers."[212]
-
-[Footnote 204: Clavigero, _History of Mexico_, i. 356.]
-
-[Footnote 205: Doolittle, _op. cit._ i. 339. Griffis, _Religions
-of Japan_, p. 149.]
-
-[Footnote 206: Griffis, _Corea_, p. 251 _sq._]
-
-[Footnote 207: _Idem_, _Religions of Japan_, p. 320.]
-
-[Footnote 208: _Leviticus_, xx. 10. _Deuteronomy_, xxii. 22.]
-
-[Footnote 209: Schrader, _Prehistoric Antiquities of the Aryan
-Peoples_, p. 388.]
-
-[Footnote 210: Wilda, _Strafrecht der Germanen_, p. 821.
-Nordström, _op. cit._ ii. 67 _sq._ Stemann, _Den danske
-Retshistorie indtil Christian V.'s Lov_, pp. 324, 633. Keyser,
-_Efterladte Skrifter_, vol. ii. pt. ii. 32 _sq._ Brunner,
-_Deutsche Rechtsgeschichte_, ii. 662.]
-
-[Footnote 211: Vinnius, _In quatuor libros institutionum
-imperialium commentarius_, iv. 18. 4, p. 993. _Cf._ _Digesta_, l.
-16. 101. 1; Mommsen, _Römisches Strafrecht_, p. 688 _sq._]
-
-[Footnote 212: _Oratio in Neæram_, p. 1386. _Cf._ Schmidt, _Die
-Ethik der alten Griechen_, ii. 196 _sq._]
-
-At the same time the idea that fidelity in marriage ought to be
-reciprocal was not altogether unknown in classical
-antiquity.[213] In a lost chapter of his 'Economics,' which has
-come to us only through a Latin translation, Aristotle points out
-that it for various reasons is prudent for a man to be faithful
-to his wife, but that nothing is so peculiarly the property of a
-wife as a chaste and hallowed intercourse.[214] Plutarch condemns
-the man who, lustful and dissolute, goes astray with a courtesan
-or maid-servant; though at the same time he admonishes the wife
-not to be vexed or impatient, considering that "it is out of
-respect to her that he bestows upon another all his wanton
-depravity."[215] Plautus argues that it is unjust of a husband to
-exact a fidelity which he does not keep himself.[216]
-
-[Footnote 213: Lecky, _op. cit._ ii. 312 _sq._ Schmidt, _op.
-cit._ ii. 195 _sq._]
-
-[Footnote 214: Aristotle, _[OE]conomica_, p. 341, vol. ii. 679.
-_Cf._ Isocrates, _Nicocles sive Cyprii_, 40.]
-
-[Footnote 215: Plutarch, _Conjugalia præcepta_, 16.]
-
-[Footnote 216: Plautus, _Mercator_, iv. 5.]
-
-In its condemnation of adultery Christianity made no distinction
-between husband and wife.[217] If continence is a stringent duty
-for unmarried persons independently of {455} their sex, the
-observance of the sacred marriage vow must be so in a still
-higher degree. But here again there is a considerable discrepancy
-between the actual feelings of Christian peoples and the standard
-of their religion. Even in the laws of various European countries
-relating to divorce or judicial separation we find an echo of the
-popular notion that adultery is a smaller offence in a husband
-than in a wife.[218]
-
-[Footnote 217: Laurent, _op. cit._ iv. 114. Gratian, _Decretum_,
-ii. 35. 5. 23.]
-
-[Footnote 218: See _supra_, ii. 397.]
-
-The judgment pronounced upon an unfaithful husband is of course
-influenced by the opinion about extra-matrimonial connections in
-general. Where it is considered wrong for a man to have
-intercourse with either an unmarried woman or another man's wife,
-adultery in a husband is _eo ipso_ condemned. But whether, or how
-far, infidelity on his part is stigmatised as an offence against
-his wife, chiefly depends upon the degree of regard which is paid
-to the feelings of women. That a married man generally enjoys
-more liberty than a married woman is largely due to the same
-causes as make him the more privileged partner in other respects;
-but there are also special reasons for this inequality between
-the sexes. It was a doctrine of the Roman jurists that adultery
-is a crime in the wife, and in the wife only, on account of the
-danger of introducing strange children to the husband.[219]
-Moreover, the temptation to infidelity and the facility in
-indulging in it are commonly greater in the case of the husband
-than in that of the wife; and, as we have often noticed before,
-actual practice is always apt to influence moral opinion. And a
-still more important reason for the inequality in question is
-undoubtedly the general notion that unchastity of any kind is
-more discreditable for a woman than for a man.
-
-[Footnote 219: Hunter, _Exposition of Roman Law_, p. 1071.]
-
-
-
-
-CHAPTER XLIII
-
-HOMOSEXUAL LOVE
-
-
-OUR review of the moral ideas concerning sexual relations has not
-yet come to an end. The gratification of the sexual instinct
-assumes forms which fall outside the ordinary pale of nature. Of
-these there is one which, on account of the _rôle_ which it has
-played in the moral history of mankind, cannot be passed over in
-silence, namely, intercourse between individuals of the same sex,
-what is nowadays commonly called homosexual love.
-
-It is frequently met with among the lower animals.[1] It probably
-occurs, at least sporadically, among every race of mankind.[2]
-And among some peoples it has assumed such proportions as to form
-a true national habit.
-
-[Footnote 1: Karsch, 'Päderastie und Tribadie bei den Tieren,' in
-_Jahrbuch für sexuelle Zwischenstufen_, ii. 126 _sqq._ Havelock
-Ellis, _Studies in the Psychology of Sex_, 'Sexual Inversion,' p.
-2 _sqq._]
-
-[Footnote 2: Ives, _Classification of Crimes_, p. 49. The
-statement that it is unknown among a certain people cannot
-reasonably mean that it may not be practised in secret.]
-
-In America homosexual customs have been observed among a great
-number of the native tribes. In nearly every part of the
-continent there seem to have been, since ancient times, men
-dressing themselves in the clothes and performing the functions
-of women, and living with other men as their concubines or
-wives.[3] Moreover, between {457} young men who are comrades in
-arms there are _liaisons d'amitié_, which, according to Lafitau,
-"ne laissent aucun soupçon de vice apparent, quoiqu'il y ait, ou
-qu'il puisse y avoir, beaucoup de vice réel."[4]
-
-[Footnote 3: von Spix and von Martius, _Travels in Brazil_, ii.
-246; von Martius, _Von dem Rechtszustande unter den Ureinwohnern
-Brasiliens_, p. 27 _sq._; Lomonaco, 'Sulle razze indigene del
-Brasile,' in _Archivio per l'antropologia e la etnologia_, xix.
-46; Burton, _Arabian Nights_, x. 246 (Brazilian Indians).
-Garcilasso de la Vega, _First Part of the Royal Commentaries of
-the Yncas_, ii. 441 _sqq._; Cieza de Leon, 'La crónica del Perú
-[primera parte],' ch. 49, in _Biblioteca de autores españoles_,
-xxvi. 403 (Peruvian Indians at the time of the Spanish conquest).
-Oviedo y Valdés, 'Sumario de la natural historia de las Indias,'
-ch. 81, in _Biblioteca de autores españoles_, xxii. 508
-(Isthmians). Bancroft, _Native Races of the Pacific States_, i.
-585 (Indians of New Mexico); ii. 467 _sq._ (ancient Mexicans).
-Diaz del Castillo, 'Conquista de Nueva-España,' ch. 208, in
-_Biblioteca de autores españoles_, xxvi. 309 (ancient Mexicans).
-Landa, _Relacion de las cosas de Yucatan_, p. 178 (ancient
-Yucatans). Nuñez Cabeza de Vaca, 'Naufragios y relacion de la
-jornada que hizo a la Florida,' ch. 26, in _Biblioteca de autores
-españoles_, xxii. 538; Coreal, _Voyages aux Indes Occidentales_,
-i. 33 _sq._ (Indians of Florida). Perrin du Lac, _Voyage dans les
-deux Louisianes et chez les nations sauvages du Missouri_, p.
-352; Bossu, _Travels through Louisiana_, i. 303. Hennepin,
-_Nouvelle Découverte d'un très Grand Pays Situé dans l'Amerique_,
-p. 219 _sq._; 'La Salle's Last Expedition and Discoveries in
-North America,' in _Collections of the New-York Historical
-Society_, ii. 237 _sq._; de Lahontan, _Mémoires de l'Amérique
-septentrionale_, p. 142 (Illinois). Marquette, _Recit des
-voyages_, p. 52 _sq._ (Illinois and Naudowessies). Wied-Neuwied,
-_Travels in the Interior of North America_, p. 351 (Manitaries,
-Mandans, &c.). McCoy, _History of Baptist Indian Missions_,
-p. 360 _sq._ (Osages). Heriot, _Travels through the Canadas_,
-p. 278; Catlin, _North American Indians_, ii. 214 _sq._ (Sioux).
-Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur. Ethn._ iii. 365;
-James, _Expedition from Pittsburgh to the Rocky Mountains_,
-i. 267 (Omahas). Loskiel, _History of the Mission of the United
-Brethren among the Indians_, 1.14 (Iroquois). Richardson, _Arctic
-Searching Expedition_, ii. 42 (Crees). Oswald, quoted by Bastian,
-_Der Mensch in der Geschichte_, iii. 314 (Indians of California).
-Holder, in _New York Medical Journal_, December 7th, 1889, quoted
-by Havelock Ellis, _op. cit._ p. 9 _sq._ (Indians of Washington
-and other tribes in the North-Western United States). See also
-Karsch, 'Uranismus oder Päderastie und Tribadie bei den Naturvölkern,'
-in _Jahrbuch für sexuelle Zwischenstufen_, iii. 112 _sqq._]
-
-[Footnote 4: Lafitau, _Moeurs des sauvages ameriquains_, i. 603,
-607 _sqq._]
-
-Homosexual practices are, or have been, very prominent among the
-peoples in the neighbourhood of Behring Sea.[5] In Kadiak it was
-the custom for parents who had a girl-like son to dress and rear
-him as a girl, teaching him only domestic duties, keeping him at
-woman's work, and letting him associate only with women and
-girls. Arriving at the age of ten or fifteen years, he was
-married to some wealthy man and was then called an _achnuchik_ or
-_shoopan_.[6] Dr. Bogoraz gives the following account of a {458}
-similar practice prevalent among the Chukchi:--"It happens
-frequently that, under the supernatural influence of one of their
-shamans, or priests, a Chukchi lad at sixteen years of age will
-suddenly relinquish his sex and imagine himself to be a woman. He
-adopts a woman's attire, lets his hair grow, and devotes himself
-altogether to female occupation. Furthermore, this disowner of
-his sex takes a husband into the _yurt_ and does all the work
-which is usually incumbent on the wife in most unnatural and
-voluntary subjection. Thus it frequently happens in a _yurt_ that
-the husband is a woman, while the wife is a man! These abnormal
-changes of sex imply the most abject immorality in the community,
-and appear to be strongly encouraged by the shamans, who
-interpret such cases as an injunction of their individual deity."
-The change of sex was usually accompanied by future shamanship;
-indeed, nearly all the shamans were former delinquents of their
-sex.[7] Among the Chukchi male shamans who are clothed in woman's
-attire and are believed to be transformed physically into women
-are still quite common; and traces of the change of a shaman's
-sex into that of a woman may be found among many other Siberian
-tribes.[8] In some cases at least there can be no doubt that
-these transformations were connected with homosexual practices.
-In his description of the Koriaks, Krasheninnikoff makes mention
-of the _ke'yev_, that is, men occupying the position of
-concubines; and he compares them with the Kamchadale _koe'k[vc]u[vc]_,
-as he calls them, that is, men transformed into women. Every
-_koe'k[vc]u[vc]_, he says, is regarded as a magician and interpreter
-of dreams; but from his confused description Mr. Jochelson thinks it
-may be inferred that the most important feature of the
-institution of the _koe'k[vc]u[vc]_ lay, not in their shamanistic
-power, but in their position with regard to the satisfaction of
-the {459} unnatural inclinations of the Kamchadales. The
-_koe'k[vc]u[vc]_ wore women's clothes, did women's work, and were in
-the position of wives or concubines.[9]
-
-[Footnote 5: Dall, _Alaska_, p. 402; Bancroft, _op. cit._ i. 92;
-Waitz, _Anthropologie der Naturvölker_, iii. 314 (Aleuts), von
-Langsdorf, _Voyages and Travels_, ii. 48 (natives of Oonalaska).
-Steller, _Kamtschatka_, p. 289, n. _a_; Georgi, _Russia_, iii.
-132 _sq._ (Kamchadales).]
-
-[Footnote 6: Davydow, quoted by Holmberg, 'Ethnographische
-Skizzen über die Völker des russischen Amerika,' in _Acta Soc.
-Scientiarum Fennicæ_, iv. 400 _sq._ Lisiansky, _Voyage Round the
-World_, p. 199. von Langsdorf**, _op. cit._ ii. 64. Sauer,
-_Billing's Expedition to the Northern Parts of Russia_, p. 176.
-Sarytschew, 'Voyage of Discovery to the North-East of Siberia,'
-in _Collection of Modern and Contemporary Voyages_, vi. 16.]
-
-[Footnote 7: Bogoraz, quoted by Demidoff, _Shooting Trip to
-Kamchatka_, p. 74 _sq._]
-
-[Footnote 8: Jochelson, _Koryak Religion and Myth_, pp. 52, 53 n. 3.]
-
-[Footnote 9: Jochelson, _op. cit._ p. 52 _sq._]
-
-In the Malay Archipelago homosexual love is common,[10] though
-not in all of the islands.[11] It is widely spread among the
-Bataks of Sumatra.[12] In Bali it is practised openly, and there
-are persons who make it a profession.[13] The _basir_ of the
-Dyaks are men who make their living by witchcraft and debauchery.
-They "are dressed as women, they are made use of at idolatrous
-feasts and for sodomitic abominations, and many of them are
-formally married to other men."[14] Dr. Haddon says that he never
-heard of any unnatural offences in Torres Straits;[15] but in the
-Rigo district of British New Guinea several instances of
-pederasty have been met with,[16] and at Mowat in Daudai it is
-regularly indulged in.[17] Homosexual love is reported as common
-among the Marshall Islanders[18] and in Hawaii.[19] From Tahiti
-we hear of a set of men called by the natives _mahoos_, who
-"assume the dress, attitude, and manners, of women, and affect
-all the fantastic oddities and coquetries of the vainest of
-females. They mostly associate with the women, who court their
-acquaintance. With the manners of the women, they adopt their
-peculiar employments. . . . The encouragement of this abomination
-is almost solely {460} confined to the chiefs."[20] Of the New
-Caledonians M. Foley writes:--"La plus grande fraternité n'est
-pas chez eux la fraternité uterine, mais la fraternité des armes.
-Il en est ainsi surtout au village de Poepo. Il est vrai que
-cette fraternité des armes est compliquée de pédérastie."[21]
-
-[Footnote 10: Wilken, 'Plechtigheden en gebruiken bij verlovingen
-en huwelijken bij de volken van den Indischen Archipel,' in
-_Bijdragen tot de taal- land- en volkenkunde van Nederlandsch-Indië_,
-xxxiii. (ser. v. vol. iv.) p. 457 _sqq._]
-
-[Footnote 11: Crawfurd, _History of the Indian Archipelago_,
-iii. 139. Marsden, _History of Sumatra_, p. 261.]
-
-[Footnote 12: Junghuhn, _Die Battaländer auf Sumatra_, ii. 157, n.*]
-
-[Footnote 13: Jacobs, _Eenigen tijd onder de Baliërs_, pp. 14,
-134 _sq._]
-
-[Footnote 14: Hardeland, _Dajacksch-deutsches Wörterbuch_, p. 53
-_sq._ Schwaner, _Borneo_, i. 186. Perelaer, _Ethnographische
-beschrijving der Dajaks_, p. 32.]
-
-[Footnote 15: Haddon, 'Ethnography of the Western Tribe of Torres
-Straits,' in _Jour. Anthr. Inst._ xix. 315.]
-
-[Footnote 16: Seligmann, 'Sexual Inversion among Primitive
-Races,' in _The Alienist and Neurologist_, xxiii. 3 _sqq._]
-
-[Footnote 17: Beardmore, 'Natives of Mowat, Daudai, New Guinea,'
-in _Jour. Anthr. Inst._ xix. 464. Haddon, _ibid._ xix. 315.]
-
-[Footnote 18: Hernsheim, _Beitrag zur Sprache der Marshall-Inseln_,
-p. 40. A different opinion is expressed by Senfft, in Steinmetz,
-_Rechtsverhältnisse von eingeborenen Völkern in Afrika und
-Ozeanien_, p. 437.]
-
-[Footnote 19: Remy, _Ka Mooolelo Hawaii_, p. xliii.]
-
-[Footnote 20: Turnbull, _Voyage Round the World_, p. 382. See
-also Wilson, _Missionary Voyage to the Southern Pacific_, pp.
-333, 361; Ellis, _Polynesian Researches_, i. 246, 258.]
-
-[Footnote 21: Foley, 'Sur les habitations et les m[oe]urs des
-Néo-Calédoniens,' in _Bull. Soc. d'Anthrop. Paris_, ser. iii.
-vol. ii. 606. See also de Rochas, _Nouvelle Calédonie_, p. 235.]
-
-Among the natives of the Kimberley District in West Australia, if
-a young man on reaching a marriageable age can find no wife, he
-is presented with a boy-wife, known as _chookadoo_. In this case,
-also, the ordinary exogamic rules are observed, and the "husband"
-has to avoid his "mother-in-law," just as if he were married to a
-woman. The _chookadoo_ is a boy of five years to about ten, when
-he is initiated. "The relations which exist between him and his
-protecting _billalu_" says Mr. Hardman, "are somewhat doubtful.
-There is no doubt they have connection, but the natives repudiate
-with horror and disgust the idea of sodomy."[22] Such marriages
-are evidently exceedingly common. As the women are generally
-monopolised by the older and more influential men of the tribe,
-it is rare to find a man under thirty or forty who has a wife;
-hence it is the rule that, when a boy becomes five years old, he
-is given as a boy-wife to one of the young men.[23] According to
-Mr. Purcell's description of the natives of the same district,
-"every useless member of the tribe" gets a boy, about five or
-seven years old; and these boys, who are called _mullawongahs_,
-are used for sexual purposes.[24] Among the Chingalee of South
-Australia, Northern Territory, old men are often noticed with no
-wives but accompanied by one or two boys, whom they jealously
-guard and with whom they have sodomitic intercourse.[25] {461}
-That homosexual practices are not unknown among other Australian
-tribes may be inferred from Mr. Hewitt's statement relating to
-South-Eastern natives, that unnatural offences are forbidden to
-the novices by the old men and guardians after leaving the
-initiation camp.[26]
-
-[Footnote 22: Hardman, 'Notes on some Habits and Customs of the
-Natives of the Kimberley District,' in _Proceed. Roy. Irish
-Academy_, ser. iii. vol. i. 74.]
-
-[Footnote 23: _Ibid._ pp. 71, 73.]
-
-[Footnote 24: Purcell, 'Rites and Customs of Australian
-Aborigines,' in _Verhandl. Berliner Gesellsch. Anthrop._ 1893,
-p. 287.]
-
-[Footnote 25: Ravenscroft, 'Some Habits and Customs of the
-Chingalee Tribe,' in _Trans. Roy. Soc. South Australia_, xv. 122.
-I am indebted to Mr. N. W. Thomas for drawing my attention to
-these statements.]
-
-[Footnote 26: Howitt, 'Some Australian Ceremonies of Initiation,'
-in _Jour. Anthr. Inst._ xiii. 450.]
-
-In Madagascar there are certain boys who live like women and have
-intercourse with men, paying those men who please them.[27] In an
-old account of that island, dating from the seventeenth century,
-it is said: "II y a . . . quelques hommes qu'ils appellent
-Tsecats, qui sont hommes effeminez et impuissans, qui recherchent
-les garçons, et font mine d'en estre amoureux, en contrefaisans
-les filles et se vestans ainsi qu'elles leurs font des presents
-pour dormir auec eux, et mesmes se donnent des noms de filles, en
-faisant les honteuses et les modestes. . . . Ils haïssent les
-femmes et ne les veulent point hanter."[28] Men behaving like
-women have also been observed among the Ondonga in German
-South-West Africa[29] and the Diakité-Sarracolese in the French
-Soudan,[30] but as regards their sexual habits details are
-wanting. Homosexual practices are common among the Banaka and
-Bapuku in the Cameroons.[31] But among the natives of Africa
-generally such practices seem to be comparatively rare,[32]
-except among Arabic-speaking {462} peoples and in countries like
-Zanzibar,[33] where there has been a strong Arab influence. In
-North Africa they are not restricted to the inhabitants of towns;
-they are frequent among the peasants of Egypt[34] and universal
-among the Jbâla inhabiting the Northern mountains of Morocco. On
-the other hand, they are much less common or even rare among the
-Berbers and the nomadic Bedouins,[35] and it is reported that the
-Bedouins of Arabia are quite exempt from them.[36]
-
-[Footnote 27: Lasnet, in _Annales d'hygiène et de médecine
-coloniales_, 1899, p. 494, quoted by Havelock Ellis, _op. cit._
-p. 10. _Cf._ Rencurel, in _Annales d'hygiène_, 1900, p. 562,
-quoted _ibid._ p. 11 _sq._ See also Leguével de Lacombe, _Voyage
-à Madagascar_, i. 97 _sq._ Pederasty prevails to some extent in
-the island of Nossi-Bé, close to Madagascar, and is very common
-at Ankisimane, opposite to it, on Jassandava Bay (Walter, in
-Steinmetz, _Rechtsverhältnisse_, p. 376).]
-
-[Footnote 28: de Flacourt, _Histoire de la grande isle
-Madagascar_, p. 86.]
-
-[Footnote 29: Rautanen, in Steinmetz, _Rechtsverhältnisse_, p. 333.]
-
-[Footnote 30: Nicole, _ibid._ p. 111.]
-
-[Footnote 31: _Ibid._ p. 38.]
-
-[Footnote 32: Munzinger, _Ostafrikanische Studien_, p. 525 (Barea
-and Kunáma). Baumann, 'Conträre Sexual-Erscheinungen bei der
-Neger-Bevölkerung Zanzibars,' in _Verhandl. der Berliner
-Gesellsch. für Anthropologie_, 1899, p. 668. Felkin, 'Notes on
-the Waganda Tribe of Central Africa,' in _Proceed. Roy. Soc.
-Edinburgh_, xiii. 723. Johnston, _British Central Africa_, p. 404
-(Bakongo). Monrad, _Skildring af Guinea-Kysten_, p. 57 (Negroes
-of Accra). Torday and Joyce, 'Ethnography of the Ba-Mbala,' in
-_Jour. Anthr. Inst._ xxxv. 410. Nicole, in Steinmetz,
-_Rechtsverhältnisse_, p. 111 (Muhammedan Negroes). Tellier,
-_ibid._ p. 159 (Kreis Kita in the French Soudan). Beverley,
-_ibid._ p. 210 (Wagogo). Kraft, _ibid._ p. 288 (Wapokomo).]
-
-[Footnote 33: Baumann, in _Verhandl. Berliner Gesellsch.
-Anthrop._ 1899, p. 668 _sq._]
-
-[Footnote 34: Burckhardt, _Travels in Nubia_, p. 135.]
-
-[Footnote 35: d'Escayrac de Lauture, _Afrikanische Wüste_, p. 93.]
-
-[Footnote 36: Burckhardt, _Travels in Arabia_, i. 364. See also
-von Kremer, _Culturgeschichte des Orients_, ii. 269.]
-
-Homosexual love is spread over Asia Minor and Mesopotamia.[37] It
-is very prevalent among the Tartars and Karatchai of the
-Caucasus,[38] the Persians,[39] Sikhs,[40] and Afghans; in Kaubul
-a bazaar or street is set apart for it.[41] Old travellers make
-reference to its enormous frequency among the Muhammedans of
-India,[42] and in this respect time seems to have produced no
-change.[43] In China, where it is also extremely common, there
-are special houses devoted to male prostitution, and boys are
-sold by their parents about the age of four, to be trained for
-this occupation.[44] In Japan pederasty is said by some to have
-prevailed from the most ancient times, whereas others are of
-opinion that it was introduced by Buddhism about the sixth
-century of our era. The monks used to live with handsome youths,
-to whom they were often passionately devoted; and in feudal times
-nearly every knight had as {463} his favourite a young man with
-whom he entertained relations of the most intimate kind, and on
-behalf of whom he was always ready to fight a duel when occasion
-occurred. Tea-houses with male _gheishas_ were found in Japan
-till the middle of the nineteenth century. Nowadays pederasty
-seems to be more prevalent in the Southern than in the Northern
-provinces of the country, but there are also districts where it
-is hardly known.[45]
-
-[Footnote 37: Burton, _Arabian Nights_, x. 232.]
-
-[Footnote 38: Kovalewsky, _Coutume contemporaine_, p. 340.]
-
-[Footnote 39: Polak, 'Die Prostitution in Persien,' in _Wiener
-Medizinische Wochenschrift_, xi. 627 _sqq._ _Idem_, _Persien_, i.
-237. Burton, _Arabian Nights_, x. 233 _sq._ Wilson, _Persian Life
-and Customs_, p. 229.]
-
-[Footnote 40: Malcolm, _Sketch of the Sikhs_, p. 140. Havelock
-Ellis, _op. cit._ p. 5, n. 2. Burton, _Arabian Nights_, x. 236.]
-
-[Footnote 41: Wilson, _Abode of Snow_, p. 420. Burton, _Arabian
-Nights_, x. 236.]
-
-[Footnote 42: Stavorinus, _Voyages to the East-Indies_, i. 456.
-Fryer, _New Account of East-India_, p. 97. Chevers, _Manual of
-Medical Jurisprudence for India_, p. 705.]
-
-[Footnote 43: Chevers, _op. cit._ p. 708.]
-
-[Footnote 44: _Indo-Chinese Gleaner_, iii. 193. Wells Williams,
-_The Middle Kingdom_, i. 836. Matignon, 'Deux mots sur la
-pédérastie en Chine,' in _Archives d'anthropologie criminelle_,
-xiv. 38 _sqq._ Karsch, _Das gleichgeschlechtliche Leben der
-Ostasiaten_, p. 6 _sqq._]
-
-[Footnote 45: Jwaya, 'Nan sho k,' in _Jahrbuch für sexuelle
-Zwischenstufen_, iv. 266, 268, 270. Karsch, _op. cit._ p. 71 _sqq._]
-
-No reference is made to pederasty either in the Homeric poems or
-by Hesiod, but later on we meet with it almost as a national
-institution in Greece. It was known in Rome and other parts of
-Italy at an early period;[46] but here also it became much more
-frequent in the course of time. At the close of the sixth
-century, Polybius tells us, many Romans paid a talent for the
-possession of a beautiful youth.[47] During the Empire "il était
-d'usage, dans les families patriciennes, de donner au jeune homme
-pubère un esclave du même âge comme compagnon de lit, afin qu'il
-pût satisfaire . . . 'ses premiers élans' génésiques";[48] and
-formal marriages between men were introduced with all the
-solemnities of ordinary nuptials.[49] Homosexual practices
-occurred among the Celts,[50] and were by no means unknown to the
-ancient Scandinavians, who had a whole nomenclature on the
-subject.[51]
-
-[Footnote 46:  Dionysius of Halicarnassus, _Antiquitates Romanæ_,
-vii. 2. Athenæus, _Deipnosophistæ_, xii. 14, p. 518 (Etruscans).
-Rein, _Criminalrecht der Römer_, p. 863.]
-
-[Footnote 47: Polybius, _Historiæ_, xxxii. 11. 5.]
-
-[Footnote 48: Buret, _La syphilis aujourd'hui et chez les
-anciens_, p. 197 _sqq._ Catullus, _Carmina_, lxi. ('In Nuptias
-Juliæ et Manlii'), 128 _sqq._ _Cf._ Martial, _Epigrammata_, viii.
-44. 16 _sq._]
-
-[Footnote 49: Juvenal, _Satiræ_, ii. 117 _sqq._ Martial, _op.
-cit._ xii. 42.]
-
-[Footnote 50: Diodorus Siculus, _Bibliotheca historica_, v. 32.
-7. Aristotle, _Politica_, ii. 9, p. 1269 b.]
-
-[Footnote 51: 'Spuren von Konträrsexualität bei den alten
-Skandinaviern,' in _Jahrbuch für sexuelle Zwischenstufen_, iv.
-244 _sqq._]
-
-Of late years a voluminous and constantly increasing literature
-on homosexuality[52] has revealed its frequency in modern Europe.
-No country and no class of society is free from it. In certain
-parts of Albania it even exists as a popular custom, the young
-men from the age of sixteen {464} upwards regularly having boy
-favourites of between twelve and seventeen.[53]
-
-[Footnote 52: See _infra_, Additional Notes.]
-
-[Footnote 53: Hahn, _Albanesische Studien_, i. 168.]
-
-The above statements chiefly refer to homosexual practices
-between men, but similar practices also occur between women.[54]
-Among the American aborigines there are not only men who behave
-like women, but women who behave like men. Thus in certain
-Brazilian tribes women are found who abstain from every womanly
-occupation and imitate the men in everything, who wear their hair
-in a masculine fashion, who go to war with a bow and arrows, who
-hunt together with the men, and who would rather allow themselves
-to be killed than have sexual intercourse with a man. "Each of
-these women has a woman who serves her and with whom she says she
-is married; they live together as husband and wife."[55] So also
-there are among the Eastern Eskimo some women who refuse to
-accept husbands, preferring to adopt masculine manners, following
-the deer on the mountains, trapping and fishing for
-themselves.[56] Homosexual practices are said to be common among
-Hottentot[57] and Herero[58] women. In Zanzibar there are women
-who wear men's clothes in private, show a preference for
-masculine occupations, and seek sexual satisfaction among women
-who have the same inclination, or else among normal women who are
-won over by presents or other means.[59] In Egyptian harems every
-woman is said to have a "friend."[60] In Bali homosexuality is
-almost as common among women as among men, though it is exercised
-more secretly;[61] and the same seems to be the case in
-India.[62] From Greek antiquity we {465} hear of "Lesbian" love.
-The fact that homosexuality has been much more frequently noticed
-in men than in women does not imply that the latter are less
-addicted to it. For various reasons the sexual abnormalities of
-women have attracted much less attention,[63] and moral opinion
-has generally taken little notice of them.
-
-[Footnote 54: Karsch, in _Jahrbuch für sexuelle Zwischenstufen_,
-iii. 85 _sqq._ Ploss-Bartels, _Das Weib_, i. 517 _sqq._ von
-Krafft-Ebing, _Psychopathia sexualis_, p. 278 _sqq._ Moll, _Die
-Conträre Sexualempfindung_, p. 247 _sqq._ Havelock Ellis, _op.
-cit._ p. 118 _sqq._]
-
-[Footnote 55: Magalhanes de Gandavo, _Histoire de la Province de
-Sancta-Cruz_, p. 116 _sq._]
-
-[Footnote 56: Dall, _op. cit._ p. 139.]
-
-[Footnote 57: Fritsch, quoted by Karsch, in _Jahrbuch für
-sexuelle Zwischenstufen_, iii. 87 _sq._]
-
-[Footnote 58: Fritsch, _Die Eingeborenen Süd-Afrika's_, p. 227.
-_Cf._ Schinz, _Deutsch-Südwest-Afrika_, pp. 173, 177.]
-
-[Footnote 59: Baumann, in _Verhandl. Berliner Gesellsch.
-Anthrop._ 1899, p. 668 _sq._]
-
-[Footnote 60: Havelock Ellis, _op. cit._ p. 123.]
-
-[Footnote 61: Jacobs, _Eenigen tijd onder de Baliërs_, p. 134 _sq._]
-
-[Footnote 62: Havelock Ellis, _op. cit._ p. 124 _sq._]
-
-[Footnote 63: See _ibid._ p. 121 _sq._]
-
-Homosexual practices are due sometimes to instinctive preference,
-sometimes to external conditions unfavourable to normal
-intercourse.[64] A frequent cause is congenital sexual inversion,
-that is, "sexual instinct turned by inborn constitutional
-abnormality toward persons of the same sex."[65] It seems likely
-that the feminine men and the masculine women referred to above
-are, at least in many instances, sexual inverts; though, in the
-case of shamans, the change of sex may also result from the
-belief that such transformed shamans, like their female
-colleagues, are particularly powerful.[66] Dr. Holder affirms the
-existence of congenital inversion among the North-Western tribes
-of the United States,[67] Dr. Baumann among the people of
-Zanzibar;[68] and in Morocco, also, I believe it is common
-enough. But as regards its prevalence among non-European peoples
-we have mostly to resort to mere conjectures; our real knowledge
-of congenital inversion is derived from the voluntary confessions
-of inverts. The large majority of travellers are totally ignorant
-of the psychological side of the subject, and even to an expert
-it must very often be impossible to decide whether a certain case
-of inversion is congenital or acquired. Indeed, acquired
-inversion itself presupposes an innate disposition which under
-certain circumstances develops into actual inversion.[69] Even
-between inversion and normal sexuality {466} there seem to be all
-shades of variation. Professor James thinks that inversion is "a
-kind of sexual appetite, of which very likely most men possess
-the germinal possibility."[70] This is certainly the case in
-early puberty.[71]
-
-[Footnote 64: Another reason for such practices is given by Mr.
-Beardmore (in _Jour. Anthr. Inst._ xix. 464), with reference to
-the Papuans of Mowat. He says that they indulge in sodomy because
-too great increase of population is undesired amongst the younger
-portion of the married people. _Cf._ _infra_, p. 484 _sqq._]
-
-[Footnote 65: Havelock Ellis, _op. cit._ p. 1.]
-
-[Footnote 66: Jochelson, _op. cit._ p. 52 _sq._]
-
-[Footnote 67: Holder, quoted by Havelock Ellis, _op. cit._ p. 9 _sq._]
-
-[Footnote 68: Baumann, in _Verhandl. Berliner Gesellsch.
-Anthrop._ 1899, p. 668 _sq._]
-
-[Footnote 69: Féré, _L'instinct sexuel_, quoted by Havelock
-Ellis, _op. cit._ p. 41.]
-
-[Footnote 70: James, _Principles of Psychology_, ii. 439. See
-also Ives, _op. cit._ p. 56 _sqq._]
-
-[Footnote 71: Dr. Dessoir ('Zur Psychologie der Vita sexualis,'
-in _Allgemeine Zeitschrift für Psychiatrie_, l. 942) even goes so
-far as to conclude that "an undifferentiated sexual feeling is
-normal, on the average, during the first years of puberty." But
-this is certainly an exaggeration (_cf._ Havelock Ellis, _op.
-cit._ p. 47 _sq._).]
-
-A very important cause of homosexual practices is absence of the
-other sex. There are many instances of this among the lower
-animals.[72] Buffon long ago observed that, if male or female
-birds of various species were shut up together, they would soon
-begin to have sexual relations among themselves, the males sooner
-than the females.[73] The West Australian boy-marriage is a
-substitute for ordinary marriage in cases when women are not
-obtainable. Among the Bororó of Brazil homosexual intercourse is
-said to occur in their men-houses only when the scarcity of
-accessible girls is unusually great.[74] Its prevalence in Tahiti
-may perhaps be connected with the fact that there was only one
-woman to four or five men, owing to the habit of female
-infanticide.[75] Among the Chinese in certain regions, for
-instance Java, the lack of accessible women is the principal
-cause of homosexual practices.[76] According to some writers such
-practices are the results of polygamy.[77] In Muhammedan
-countries they are no doubt largely due to the seclusion of
-women, preventing free intercourse between the sexes and
-compelling the unmarried people to associate almost exclusively
-with members of their own sex. Among the mountaineers of Northern
-Morocco the excessive indulgence in pederasty thus goes hand in
-hand with great isolation of the women {467} and a very high
-standard of female chastity, whereas among the Arabs of the
-plains, who are little addicted to boy-love, the unmarried girls
-enjoy considerable freedom. Both in Asia[78] and Europe[79] the
-obligatory celibacy of the monks and priests has been a cause of
-homosexual practices, though it must not be forgotten that a
-profession which imposes abstinence from marriage is likely to
-attract a comparatively large number of congenital inverts. The
-temporary separation of the sexes involved in a military mode of
-life no doubt accounts for the extreme prevalence of homosexual
-love among warlike races,[80] like the Sikhs, Afghans, Dorians,
-and Normans.[81] In Persia[82] and Morocco it is particularly
-common among soldiers. In Japan it was an incident of knighthood,
-in New Caledonia and North America of brotherhood in arms. At
-least in some of the North American tribes men who were dressed
-as women accompanied the other men as servants in war and the
-chase.[83] Among the Banaka and Bapuku in the Cameroons pederasty
-is practised especially by men who are long absent from their
-wives.[84] In Morocco I have heard it advocated on account of the
-convenience it affords to persons who are travelling.
-
-[Footnote 72: Karsch, in _Jahrbuch für sexuelle Zwischenstufen_,
-ii. 126 _sqq._ Havelock Ellis, _op. cit._ p. 2 _sq._]
-
-[Footnote 73: Havelock Ellis, _op. cit._ p. 2.]
-
-[Footnote 74: von den Steinen, _Unter den Naturvölkern
-Zentral-Brasiliens_, p. 502.]
-
-[Footnote 75: Ellis, _Polynesian Researches_, i. 257 _sq._]
-
-[Footnote 76: Matignon, in _Archives d'anthropologie criminelle_,
-xiv. 42. Karsch, _op. cit._ p. 32 _sqq._]
-
-[Footnote 77: Waitz, _Anthropologie der Naturvölker_, iii. 113.
-Bastian, _Der Mensch in der Geschichte_, iii. 305 (Dahomans).]
-
-[Footnote 78: _Supra_, ii. 462. Karsch. _op. cit._ pp. 7.
-(China), 76 _sqq._ (Japan), 132 (Corea).]
-
-[Footnote 79: See Voltaire, _Dictionnaire philosophique_, 'Amour
-Socratique' (_[OE]uvres_, vii. 82); Buret, _Syphilis in the
-Middle Ages and in Modern Times_, p. 88 _sq._]
-
-[Footnote 80: _Cf._ Havelock Ellis, _op. cit._ p. 5.]
-
-[Footnote 81: Freeman, _Reign of William Rufus_, i. 159.]
-
-[Footnote 82: Polak, in _Wiener Medizinische Wochenschrift_,
-xi. 628.]
-
-[Footnote 83: Marquette, _op. cit._ p. 53 (Illinois). Perrin du
-Lac, _Voyage dans les deux Louisianes et chez les nations
-sauvages du Missouri_, p. 352. _Cf._ Nuñez Cabeza de Vaca, _loc.
-cit._ p. 538 (concerning the Indians of Florida):--" . . . tiran
-arco y llevan muy gran carga."]
-
-[Footnote 84: Steinmetz, _Rechtsverhältnisse_, p. 38.]
-
-Dr. Havelock Ellis justly observes that when homosexual
-attraction is due simply to the absence of the other sex we are
-not concerned with sexual inversion, but merely with the
-accidental turning of the sexual instinct into an abnormal
-channel, the instinct being called out by an approximate
-substitute, or even by diffused emotional excitement, in the
-absence of the normal object.[85] But it seems to me probable
-that in such cases the homosexual {468} attraction in the course
-of time quite easily develops into genuine inversion. I cannot
-but think that our chief authorities on homosexuality have
-underestimated the modifying influence which habit may exercise
-on the sexual instinct. Professor Krafft-Ebing[86] and Dr.
-Moll[87] deny the existence of acquired inversion except in
-occasional instances; and Dr. Havelock Ellis takes a similar
-view, if putting aside those cases of a more or less morbid
-character in which old men with failing sexual powers, or younger
-men exhausted by heterosexual debauchery, are attracted to
-members of their own sex.[88] But how is it that in some parts of
-Morocco such a very large proportion of the men are distinctly
-sexual inverts, in the sense in which this word is used by Dr.
-Havelock Ellis,[89] that is, persons who for the gratification of
-their sexual desire prefer their own sex to the opposite one? It
-may be that in Morocco and in Oriental countries generally, where
-almost every individual marries, congenital inversion, through
-the influence of heredity, is more frequent than in Europe, where
-inverts so commonly abstain from marrying. But that this could
-not be an adequate explanation of the fact in question becomes at
-once apparent when we consider the extremely unequal distribution
-of inverts among different neighbouring tribes of the same stock,
-some of which are very little or hardly at all addicted to
-pederasty. I take the case to be, that homosexual practices in
-early youth have had a lasting effect on the sexual instinct,
-which at its first appearance, being somewhat indefinite, is
-easily turned into a homosexual direction.[90] In Morocco
-inversion is most prevalent among the scribes, who from childhood
-have lived in very close association with their fellow-students.
-Of course, influences of this kind "require a favourable organic
-predisposition to act on";[91] but this predisposition is
-probably no abnormality at all, only a {469} feature in the
-ordinary sexual constitution of man.[92] It should be noticed
-that the most common form of inversion, at least in Muhammedan
-countries, is love of boys or youths not yet in the age of
-puberty, that is, of male individuals who are physically very
-like girls. Voltaire observes:--"Souvent un jeune garçon, par la
-fraîcheur de son teint, par l'éclat de ses couleurs, et par la
-douceur de ses yeux, ressemble pendant deux ou trois ans à une
-belle fille; si on l'aime, c'est parce que la nature se
-méprend."[93] Moreover, in normal cases sexual attraction depends
-not only on sex, but on a youthful appearance as well; and there
-are persons so constituted that to them the latter factor is of
-chief importance, whilst the question of sex is almost a matter
-of indifference.
-
-[Footnote 85: Havelock Ellis, _op. cit._ p. 3.]
-
-[Footnote 86: Krafft-Ebing, _op. cit._ p. 211 _sq._]
-
-[Footnote 87: Moll, _op. cit._ p. 157 _sqq._]
-
-[Footnote 88: Havelock Ellis, _op. cit._ p. 50 _sq._ _Cf._
-_ibid._ p. 181 _sqq._]
-
-[Footnote 89: _Ibid._ p. 3.]
-
-[Footnote 90: _Cf._ Norman, 'Sexual Perversion,' in Tuke's
-_Dictionary of Psychological Medicine_, ii. 1156.]
-
-[Footnote 91: Havelock Ellis, _op. cit._ p. 191.]
-
-[Footnote 92: Dr. Havelock Ellis also admits (_op. cit._ p. 190)
-that, if in early life the sexual instincts are less definitely
-determined than when adolescence is complete, "it is conceivable,
-though unproved, that a very strong impression, acting even on a
-normal organism, may cause arrest of sexual development on the
-psychic side. It is a question," he adds, "I am not in a position
-to settle."]
-
-[Footnote 93: Voltaire, _Dictionnaire Philosophique_, art. 'Amour
-Socratique,' (_[OE]uvres_, vii. 81). _Cf._ Ovid, _Metamorphoses_,
-x. 84 _sq._]
-
-In ancient Greece, also, not only homosexual intercourse but
-actual inversion, seems to have been very common; and although
-this, like every form of love, must have contained a congenital
-element, there can be little doubt, I think, that it was largely
-due to external circumstances of a social character. It may, in
-the first place, be traced to the methods of training the youth.
-In Sparta it seems to have been the practice for every youth of
-good character to have his lover, or "inspirator,"[94] and for
-every well-educated man to be the lover of some youth.[95] The
-relations between the "inspirator" and the "listener" were
-extremely intimate: at home the youth was constantly under the
-eyes of his lover, who was supposed to be to him a model and
-pattern of life;[96] in battle they stood near one another and
-their fidelity and affection were often shown till death;[97] if
-his relatives were absent, the youth {470} might be represented
-in the public assembly by his lover;[98] and for many faults,
-particularly want of ambition, the lover could be punished
-instead of the "listener."[99] This ancient custom prevailed with
-still greater force in Crete, which island was hence by many
-persons considered to be the place of its birth.[100] Whatever
-may have been the case originally, there can be no doubt that in
-later times the relations between the youth and his lover implied
-unchaste intercourse.[101] And in other Greek states the
-education of the youth was accompanied by similar consequences.
-At an early age the boy was taken away from his mother, and spent
-thenceforth all his time in the company of men, until he reached
-the age when marriage became for him a civic duty.[102] According
-to Plato, the gymnasia and common meals among the youth "seem
-always to have had a tendency to degrade the ancient and natural
-custom of love below the level, not only of man, but of the
-beasts."[103] Plato also mentions the effect which these habits
-had on the sexual instincts of the men: when they reached manhood
-they were lovers of youths and not naturally inclined to marry or
-beget children, but, if at all, they did so only in obedience to
-the law.[104] Is not this, in all probability, an instance of
-acquired inversion? But besides the influence of education there
-was another factor which, co-operating with it, favoured the
-development of homosexual tendencies, namely, the great gulf
-which mentally separated the sexes. Nowhere else has the
-difference in culture between men and women been so immense as in
-the fully developed Greek civilisation. The lot of a wife in
-Greece was retirement and ignorance. She lived in almost absolute
-seclusion, in a separate part of the house, together with her
-female slaves, deprived of all the educating influence of male
-society, and having no place at those public spectacles {471}
-which were the chief means of culture.[105] In such circumstances
-it is not difficult to understand that men so highly intellectual
-as those of Athens regarded the love of women as the offspring of
-the common Aphrodite, who "is of the body rather than of the
-soul."[106] They had reached a stage of mental culture at which
-the sexual instinct normally has a craving for refinement, at
-which the gratification of mere physical lust appears brutal. In
-the eyes of the most refined among them those who were inspired
-by the heavenly Aphrodite loved neither women nor boys, but
-intelligent beings whose reason was beginning to be developed,
-much about the time at which their beards began to grow.[107] In
-present China we meet with a parallel case. Dr. Matignon
-observes:--"Il y a tout lieu de supposer que certains Chinois,
-raffinés au point de vue intellectuel, recherchent dans la
-pédérastie la satisfaction des sens et de l'esprit. La femme
-chinoise est peu cultivée, ignorante même, quelle que soit sa
-condition, honnête femme ou prostituée. Or le Chinois a souvent
-l'âme poétique: il aime les vers, la musique, les belles
-sentences des philosophes, autant de choses qu'il ne peut trouver
-chez le beau sexe de l'Empire du Milieu."[108] So also it seems
-that the ignorance and dullness of Muhammedan women, which is a
-result of their total lack of education and their secluded life,
-is a cause of homosexual practices; Moors are sometimes heard to
-defend pederasty on the plea that the company of boys, who have
-always news to tell, is so much more entertaining than the
-company of women.
-
-[Footnote 94: Servius, _In Vergilii Æneidos_, x. 325. For the
-whole subject of pederasty among the Dorians see Mueller,
-_History and Antiquities of the Doric Race_, ii. 307 _sq._]
-
-[Footnote 95: Aelian, _Varia historia_, iii. 10.]
-
-[Footnote 96: Mueller, _op. cit._ ii. 308.]
-
-[Footnote 97: Xenophon, _Historia Græca_, iv. 8. 39.]
-
-[Footnote 98: Plutarch, _Lycurgus_, xxv. 1.]
-
-[Footnote 99: _Ibid._ xviii. 8. Aelian, _op. cit._ iii. 10.]
-
-[Footnote 100: Aelian, _op. cit._ iii. 9. Athenaeus,
-_Deipnosophistæ_, xiii. 77, p. 601.]
-
-[Footnote 101: _Cf._ Symonds, 'Die Homosexualität in
-Griechenland,' in Havelock Ellis and Symonds, _Das konträre
-Geschlechtsgefühl_, p. 55.]
-
-[Footnote 102: _Ibid._ p. 116. Döllinger, _The Gentile and the
-Jew_, ii. 244.]
-
-[Footnote 103: Plato, _Leges_, i. 636. _Cf._ Plutarch,
-_Amatorius_, v. 9.]
-
-[Footnote 104: Plato, _Symposium_, p. 192.]
-
-[Footnote 105: 'State of Female Society in Greece,' in _Quarterly
-Review_, xxii. 172 _sqq._ Lecky, _History of European Morals_,
-ii. 287. Döllinger, _op. cit._ ii. 234.]
-
-[Footnote 106: Plato, _Symposium_, p. 181. That the low state of
-the Greek women was instrumental to pederasty has been pointed
-out by Döllinger (_op. cit._ ii. 244) and Symonds (_loc. cit._
-pp. 77, 100, 101, 116 _sqq._).]
-
-[Footnote 107: Plato, _Symposium_, p. 181.]
-
-[Footnote 108: Matignon, in _Archives d'anthropologie
-criminelle_, xiv. 41.]
-
-We have hitherto dealt with homosexual love as a fact; we shall
-now pass to the moral valuation to which it is subject. Where it
-occurs as a national habit we may assume that no censure, or no
-severe censure, is passed on it. Among the Bataks of Sumatra
-there is no punishment {472} for it.[109] Of the _bazirs_ among
-the Ngajus of Pula Patak, in Borneo, Dr. Schwaner says that "in
-spite of their loathsome calling they escape well-merited
-contempt."[110] The Society Islanders had for their homosexual
-practices "not only the sanction of their priests, but the direct
-example of their respective deities."[111] The _tsekats_ of
-Madagascar maintained that they were serving the deity by leading
-a feminine life;[112] but we are told that at Ankisimane and in
-Nossi-Bé, opposite to it, pederasts are objects of public
-contempt.[113] Father Veniaminof says of the Atkha Aleuts that
-"sodomy and too early cohabitation with a betrothed or intended
-wife are called among them grave sins";[114] but apart from the
-fact that his account of these natives in general gives the
-impression of being somewhat eulogistic, the details stated by
-him only show that the acts in question were considered to
-require a simple ceremony of purification.[115] There is no
-indication that the North American aborigines attached any
-opprobrium to men who had intercourse with those members of their
-own sex who had assumed the dress and habits of women. In Kadiak
-such a companion was on the contrary regarded as a great
-acquisition; and the effeminate men themselves, far from being
-despised, were held in repute by the people, most of them being
-wizards.[116] We have previously noticed the connection between
-homosexual practices and shamanism among various Siberian
-peoples; and it is said that such shamans as had changed their
-sex were greatly feared by the people, being regarded as very
-powerful.[117] Among the Illinois and Naudowessies the {473}
-effeminate men assist in all the juggleries and the solemn dance
-in honour of the _calumet_, or sacred tobacco pipe, for which the
-Indians have such a deference that one may call it "the god of
-peace and war, and the arbiter of life and death"; but they are
-not permitted either to dance or sing. They are called into the
-councils of the Indians, and nothing can be decided upon without
-their advice; for because of their extraordinary manner of living
-they are looked upon as _manitous_, or supernatural beings, and
-persons of consequence.[118] The Sioux, Sacs, and Fox Indians
-give once a year, or oftener if they choose, a feast to the
-_Berdashe_, or _I-coo-coo-a_, who is a man dressed in woman's
-clothes, as he has been all his life. "For extraordinary
-privileges which he is known to possess, he is driven to the most
-servile and degrading duties, which he is not allowed to escape;
-and he being the only one of the tribe submitting to this
-disgraceful degradation, is looked upon as 'medicine' and sacred,
-and a feast is given to him annually; and initiatory to it, a
-dance by those few young men of the tribe who can . . . . dance
-forward and publicly make their boast (without the denial of the
-Berdashe) . . . . Such, and such only, are allowed to enter the
-dance and partake of the feast."[119] Among some American tribes,
-however, these effeminate men are said to be despised, especially
-by the women.[120] In ancient Peru, also, homosexual practices
-seem to have entered in the religious cult. In some particular
-places, says Cieza de Leon, boys were kept as priests in the
-temples, with whom it was rumoured that the lords joined in
-company on days of festivity. They did not meditate, he adds, the
-committing of such sin, but only the offering of sacrifice to the
-demon. If the Incas by chance had some knowledge of such
-proceedings in the temple, they might have {474} ignored them out
-of religious tolerance.[121] But the Incas themselves were not
-only free from such practices in their own persons, they would
-not even permit any one who was guilty of them to remain in the
-royal houses or palaces. And Cieza heard it related that, if it
-came to their knowledge that somebody had committed an offence of
-that kind, they punished it with such a severity that it was
-known to all.[122] Las Casas tells us that in several of the more
-remote provinces of Mexico sodomy was tolerated, if not actually
-permitted, because the people believed that their gods were
-addicted to it; and it is not improbable that in earlier times
-the same was the case in the entire empire.[123] But in a later
-age severe measures were adopted by legislators in order to
-suppress the practice. In Mexico people found guilty of it were
-killed.[124] In Nicaragua it was punished capitally by
-stoning,[125] and none of the Maya nations was without strict
-laws against it.[126] Among the Chibchas of Bogota the punishment
-for it was the infliction of a painful death.[127] However, it
-should be remembered that the ancient culture nations of America
-were generally extravagant in their punishments, and that their
-penal codes in the first place expressed rather the will of their
-rulers than the feelings of the people at large.[128]
-
-[Footnote 109: Junghuhn, _op. cit._ ii. 157, n.]
-
-[Footnote 110: Schwaner, _op. cit._ i. 186.]
-
-[Footnote 111: Ellis, _Polynesian Researches_, i. 258. _Cf._
-Moerenhout, _Voyages aux îles du Grand Océan_, ii. 167 _sq._]
-
-[Footnote 112: de Flacourt, _op. cit._ p. 86.]
-
-[Footnote 113: Walter, in Steinmetz, _Rechtsverhältnisse_, p. 376.]
-
-[Footnote 114: Veniaminof, quoted by Petroff, _Report on Alaska_,
-p. 158.]
-
-[Footnote 115: _Ibid._ p. 158:--"The offender desirous of
-unburdening himself selected a time when the sun was clear and
-unobscured; he picked up certain weeds and carried them about his
-person; then deposited them and threw his sin upon them, calling
-the sun as a witness, and, when he had eased his heart of all
-that had weighed upon it, he threw the grass or weeds into the
-fire, and after that considered himself cleansed of his sin."]
-
-[Footnote 116: Davydow, quoted by Holmberg, _loc. cit._ p. 400
-_sq._ Lisianski, _op. cit._ p. 199.]
-
-[Footnote 117: Bogoraz, quoted by Demidoff, _op. cit._ p. 75.
-Jochelson, _op. cit._ p. 52 _sq._]
-
-[Footnote 118: Marquette, _op. cit._ p. 53 _sq._]
-
-[Footnote 119: Catlin, _North American Indians_, ii. 214 _sq._]
-
-[Footnote 120: 'La Salle's Last Expedition in North America,' in
-_Collections of the New-York Historical Society_, ii. 238
-(Illinois). Perrin du Lac, _Voyage dans les deux Louisianes et
-chez les nations sauvages du Missouri_, p. 352. Bossu, _op. cit._
-i. 303 (Chactaws). Oviedo y Valdés, _loc. cit._ p. 508
-(Isthmians). von Martius, _Von dem Rechtszustande unter den
-Ureinwohnern Brasiliens_, p. 28 (Guaycurús).]
-
-[Footnote 121: Cieza de Leon, _Segunda parte de Crónica del
-Perú_, ch. 25, p. 99. See also _Idem_, _Crónica del Perú [primera
-parte]_, ch. 64 (_Biblioteca de autores españoles_, xxvi. 416 _sq._).]
-
-[Footnote 122: _Idem_, _Segunda parte de Crónica del Perú_, ch.
-25, p. 98. See also Garcilasso de la Vega, _op. cit._ ii. 132.]
-
-[Footnote 123: Las Casas, quoted by Bancroft, _op. cit._ ii. 467
-_sq._ _Cf._ _ibid._ ii. 677.]
-
-[Footnote 124: Clavigero, _History of Mexico_, i. 357.]
-
-[Footnote 125: Squier, 'Archæology and Ethnology of Nicaragua,'
-in _Trans. American Ethn. Soc._ iii. pt. i. 128.]
-
-[Footnote 126: Bancroft, _op. cit._ ii. 677.]
-
-[Footnote 127: Piedrahita, _Historia general de las conquistas
-del nuevo reyno de Granada_, p. 46.]
-
-[Footnote 128: See _supra_, i. 186, 195.]
-
-Homosexual practices are said to be taken little notice of even
-by some uncivilised peoples who are not addicted to them. In the
-Pelew Islands, where such practices occur only sporadically, they
-are not punished, although, if I understand Herr Kubary rightly,
-the persons committing them may be put to shame.[129] The Ossetes
-of the Caucasus, {475} among whom pederasty is very rare, do not
-generally prosecute persons for committing it, but ignore the
-act.[130] The East African Masai do not punish sodomy.[131] But
-we also meet with statements of a contrary nature. In a Kafir
-tribe Mr. Warner heard of a case of it--the only one during a
-residence of twenty-five years--which was punished with a fine of
-some cattle claimed by the chief.[132] Among the Ondonga
-pederasts are hated, and the men who behave like women are
-detested, most of them being wizards.[133] The Washambala
-consider pederasty a grave moral aberration and subject it to
-severe punishment.[134] Among the Waganda homosexual practices,
-which have been introduced by the Arabs and are of rare
-occurrence, "are intensely abhorred," the stake being the
-punishment.[135] The Negroes of Accra, who are not addicted to
-such practices, are said to detest them.[136] In Nubia pederasty
-is held in abhorrence, except by the Kashefs and their relations,
-who endeavour to imitate the Mamelukes in everything.[137]
-
-[Footnote 129: Kubary, 'Die Verbrechen und das Strafverfahren auf
-den Pelau-Inseln,' in _Original-Mittheilungen aus der
-ethnologischen Abtheilung der königlichen Museen zu Berlin_, i. 84.]
-
-[Footnote 130: Kovalewsky, _Coutume contemporaine_, p. 340.]
-
-[Footnote 131: Merker, _Die Masai_, p. 208. The Masai, however,
-slaughter at once any bullock or he-goat which is noticed to
-practise unnatural intercourse, for fear lest otherwise their
-herds should be visited by a plague as a divine punishment
-(_ibid._ p. 159).]
-
-[Footnote 132: Warner, in Maclean, _Compendium of Kafir Laws_,
-p. 62.]
-
-[Footnote 133: Rautanen, in Steinmetz, _Rechtsverhältnisse_,
-p. 333 _sq._]
-
-[Footnote 134: Lang, _ibid._ p. 232.]
-
-[Footnote 135: Felkin, in _Proceed. Roy. Soc. Edinburgh_, xiii. 723.]
-
-[Footnote 136: Monrad, _op. cit._ p. 57.]
-
-[Footnote 137: Burckhardt, _Travels in Nubia_, p. 135.]
-
-Muhammed forbade sodomy,[138] and the general opinion of his
-followers is that it should be punished like fornication--for
-which the punishment is, theoretically, severe enough[139]--unless
-the offenders make a public act of penitence. In order to
-convict, however, the law requires that four reliable persons
-shall swear to have been eye-witnesses,[140] and this alone would
-make the law a dead letter, even if it had the support of popular
-feelings; but such support is certainly wanting. In Morocco
-active {476} pederasty is regarded with almost complete
-indifference, whilst the passive sodomite, if a grown-up
-individual, is spoken of with scorn. Dr. Polak says the same of
-the Persians.[141] In Zanzibar a clear distinction is made
-between male congenital inverts and male prostitutes; the latter
-are looked upon with contempt, whereas the former, as being what
-they are "by the will of God," are tolerated.[142] The
-Muhammedans of India and other Asiatic countries regard
-pederasty, at most, as a mere peccadillo.[143] Among the Hindus
-it is said to be held in abhorrence,[144] but their sacred books
-deal with it leniently. According to the 'Laws of Manu,' "a
-twice-born man who commits an unnatural offence with a male, or
-has intercourse with a female in a cart drawn by oxen, in water,
-or in the day-time, shall bathe, dressed in his clothes"; and all
-these are reckoned as minor offences.[145]
-
-[Footnote 138: _Koran_, iv. 20.]
-
-[Footnote 139: Sachau, _Muhammedanisches Recht nach
-Schafiitischer Lehre_, pp. 809, 818:--"Sodomita si _mu[h.][s.]an_
-(that is, a married person in possession of full civic rights)
-est punitur lapidatione, si non est _mu[h.][s.]an_ punitur et
-flagellatione et exsilio."]
-
-[Footnote 140: Burton, _Arabian Nights_, x. 224.]
-
-[Footnote 141: Polak, in _Wiener Medizinische Wochenschrift_,
-xi. 628 _sq._]
-
-[Footnote 142: Baumann, in _Verhandl. Berliner Gesellsch.
-Anthrop._ 1899, p. 669.]
-
-[Footnote 143: Chevers, _op. cit._ p. 708. Burton, _Arabian
-Nights_, x. 222 _sqq._]
-
-[Footnote 144: Burton, _Arabian Nights_, x. 237.]
-
-[Footnote 145: _Laws of Manu_, xi. 175. _Cf._ _Institutes of
-Vishnu_, liii. 4; _Âpastamba_, i. 9. 26. 7; _Gautama_, xxv. 7.]
-
-Chinese law makes little distinction between unnatural and other
-sexual offences. An unnatural offence is variously considered
-according to the age of the patient, and whether or not consent
-was given. If the patient be an adult, or a boy over the age of
-twelve, and consent, the case is treated as a slightly aggravated
-form of fornication, both parties being punished with a hundred
-blows and one month's cangue, whilst ordinary fornication is
-punished with eighty blows. If the adult or boy over twelve
-resist, the offence is considered as rape; and if the boy be
-under twelve, the offence is rape irrespective of consent or
-resistance, unless the boy has previously gone astray.[146] But,
-as a matter of fact, unnatural offences are regarded as less
-hurtful to the community than ordinary immorality,[147] and
-pederasty is not looked down upon. "L'opinion publique reste tout
-à fait indifférente à ce genre de distraction et la {477} morale
-ne s'en émeut en rien: puisque cela plaît à l'opérateur et que
-l'opéré est consentant, tout est pour le mieux; la loi chinoise
-n'aime guère à s'occuper des affaires trop intimes. La pédérastie
-est même considérée comme une chose de bon ton, une fantaisie
-dispendieuse et partout un plaisir élégant. . . . La pédérastie a
-une consécration officielle en Chine. Il existe, en effet, des
-pédérés pour l'Empereur."[148] Indeed, the only objection which
-Dr. Matignon has heard to be raised to pederasty by public
-opinion in China is that it has a bad influence on the
-eyesight.[149] In Japan there was no law against homosexual
-intercourse till the revolution of 1868.[150] In the period of
-Japanese chivalry it was considered more heroic if a man loved a
-person of his own sex than if he loved a woman; and nowadays
-people are heard to say that in those provinces of the country
-where pederasty is widely spread the men are more manly and
-robust than in those where it does not prevail.[151]
-
-[Footnote 146: Alabaster, _Notes and Commentaries on Chinese
-Criminal Law_, p. 367 _sqq._ _Ta Tsing Leu Lee_, Appendix, no.
-xxxii. p. 570.]
-
-[Footnote 147: Alabaster, _op. cit._ p. 369.]
-
-[Footnote 148: Matignon, in _Archives d'anthropologie
-criminelle_, xiv. 42, 43, 52.]
-
-[Footnote 149: _Ibid._ p. 44.]
-
-[Footnote 150: Karsch, _op. cit._ p. 99.]
-
-[Footnote 151: Jwaya, in _Jahrbuch für sexuelle Zwischenstufen_,
-iv. 266, 270 _sq._]
-
-The laws of the ancient Scandinavians ignored homosexual
-practices; but passive pederasts were much despised by them. They
-were identified with cowards and regarded as sorcerers. The
-epithets applied to them--_argr_, _ragr_, _blandr_, and others
-assumed the meaning of "poltroon" in general, and there are
-instances of the word _arg_ being used in the sense of
-"practising witchcraft." This connection between pederasty and
-sorcery, as a Norwegian scholar justly points out, helps us to
-understand Tacitus' statement that among the ancient Teutons
-individuals whom he describes as _corpore infames_ were buried
-alive in a morass.[152] Considering that drowning was a common
-penalty for sorcery, it seems probable that this punishment was
-inflicted upon them not, in the first place, on account of their
-sexual practices, but in their capacity of wizards. It is certain
-that the opprobrium which the pagan Scandinavians attached to
-homosexual love was chiefly restricted to him who played the
-woman's part. In one of the poems {478} the hero even boasts of
-being the father of offspring borne by another man.[153]
-
-[Footnote 152: Tacitus, _Germania_, 12.]
-
-[Footnote 153: 'Spuren von Konträrsexualität bei den alten
-Skandinaviern (Mitteilungen eines norwegischen Gelehrten),' in
-_Jahrbuch für sexuelle Zwischenstufen_, iv. 245, 256 _sqq._]
-
-In Greece pederasty in its baser forms was censured, though
-generally, it seems, with no great severity, and in some states
-it was legally prohibited.[154] According to an Athenian law, a
-youth who prostituted himself for money lost his rights as a free
-citizen and was liable to the punishment of death if he took part
-in a public feast or entered the _agora_.[155] In Sparta it was
-necessary that the "listener" should accept the "inspirator" from
-real affection; he who did so out of pecuniary considerations was
-punished by the ephors.[156] We are even told that among the
-Spartans the relations between the lover and his friend were
-truly innocent, and that if anything unlawful happened both must
-forsake either their country or their lives.[157] But the
-universal rule in Greece seems to have been that when decorum was
-observed in the friendship between a man and a youth, no
-inquiries were made into the details of the relationship.[158]
-And this attachment was not only regarded as permissible, but was
-praised as the highest and purest form of love, as the offspring
-of the heavenly Aphrodite, as a path leading to virtue, as a
-weapon against tyranny, as a safeguard of civic liberty, as a
-source of national greatness and glory. Phaedrus said that he
-knew no greater blessing to a young man who is beginning life
-than a virtuous lover, or to the lover than a beloved youth; for
-the principle which ought to be the guide of men who would lead a
-noble life cannot be implanted by any other motive so well as by
-love.[159] The Platonic Pausanias argued that if love of youths
-is held in ill repute it is so only because it is inimical to
-tyranny; "the interests of rulers require that their subjects
-should {479} be poor in spirit, and that there should be no
-strong bond of friendship or society among them, which love,
-above all other motives, is likely to inspire."[160] The power of
-the Athenian tyrants was broken by the love of Aristogeiton and
-the constancy of Harmodius; at Agrigentum in Sicily the mutual
-love of Chariton and Melanippus produced a similar result; and
-the greatness of Thebes was due to the Sacred Band established by
-Epaminondas. For "in the presence of his favourite, a man would
-choose to do anything rather than to get the character of a
-coward."[161] It was pointed out that the greatest heroes and the
-most warlike nations were those who were most addicted to the
-love of youths;[162] and it was said that an army consisting of
-lovers and their beloved ones, fighting at each other's side,
-although a mere handful, would overcome the whole world.[163]
-
-[Footnote 154: Xenophon, _Lacedæmoniorum respublica_, ii. 13.
-Maximus Tyrius, _Dissertationes_, xxv. 4; xxvi. 9.]
-
-[Footnote 155: Aeschines, _Contra Timarchum_, 21.]
-
-[Footnote 156: Aelian, _Varia historia_, iii. 10. _Cf._ Plato,
-_Leges_, viii. 910.]
-
-[Footnote 157: Aelian, _op. cit._ iii. 12. _Cf._ Maximus Tyrius,
-_op. cit._ xxvi. 8.]
-
-[Footnote 158: _Cf._ Symonds, _loc. cit._ p. 92 _sqq._]
-
-[Footnote 159: Plato, _Symposium_, p. 178.]
-
-[Footnote 160: Plato, _Symposium_, p. 182.]
-
-[Footnote 161: Hieronymus, the Peripatetic, referred to by
-Athenaeus, _op. cit._ xiii. 78, p. 602. See also Maximus Tyrius,
-_op. cit._ xxiv. 2.]
-
-[Footnote 162: Plutarch, _Amatorius_, xvii. 14.]
-
-[Footnote 163: Plato, _Symposium_, p. 178.]
-
-Herodotus asserts that the love of boys was introduced from
-Greece into Persia.[164] Whether his statement be correct or not,
-such love could certainly not have been a habit of the Mazda
-worshippers.[165] In the Zoroastrian books "unnatural sin" is
-treated with a severity to which there is a parallel only in
-Hebrewism and Christianity. According to the Vendîdâd, there is
-no atonement for it.[166] It is punished with torments in the
-other world, and is capital here below.[167] Even he who
-committed it involuntarily, by force, is subject to corporal
-punishment.[168] Indeed, it is a more heinous sin than the
-slaying of a righteous man.[169] "There is no worse sin than this
-in the good religion, and it is proper to call those who commit
-it worthy of death in reality. If any one comes forth to them,
-and shall see {480} them in the act, and is working with an axe,
-it is requisite for him to cut off the heads or to rip up the
-bellies of both, and it is no sin for him. But it is not proper
-to kill any person without the authority of high-priests and
-kings, except on account of committing or permitting unnatural
-intercourse."[170]
-
-[Footnote 164: Herodotus, i. 135.]
-
-[Footnote 165: Ammianus Marcellinus says (xxiii. 76) that the
-inhabitants of Persia were free from pederasty. But see also
-Sextus Empiricus, _Pyrrhoniæ hypotyposes_, i. 152.]
-
-[Footnote 166: _Vendîdâd_, i. 12; viii. 27.]
-
-[Footnote 167: Darmesteter, in _Sacred Books of the East_,
-iv. p. lxxxvi.]
-
-[Footnote 168: _Vendîdâd_, viii. 26.]
-
-[Footnote 169: _Dînâ-î Maînôg-î Khirad_, xxxvi. 1 _sqq._]
-
-[Footnote 170: _Sad Dar_, ix. 2, _sqq._]
-
-Nor are unnatural sins allowed to defile the land of the Lord.
-Whosoever shall commit such abominations, be he Israelite or
-stranger dwelling among the Israelites, shall be put to death,
-the souls that do them shall be cut off from their people. By
-unnatural sins of lust the Canaanites polluted their land, so
-that God visited their guilt, and the land spued out its
-inhabitants.[171]
-
-[Footnote 171: _Leviticus_, xviii. 22, 24 _sqq._; xx. 13.]
-
-This horror of homosexual practices was shared by Christianity.
-According to St. Paul, they form the climax of the moral
-corruption to which God gave over the heathen because of their
-apostasy from him.[172] Tertullian says that they are banished
-"not only from the threshold, but from all shelter of the church,
-because they are not sins, but monstrosities."[173] St. Basil
-maintains that they deserve the same punishment as murder,
-idolatry, and witchcraft.[174] According to a decree of the
-Council of Elvira, those who abuse boys to satisfy their lusts
-are denied communion even at their last hour.[175] In no other
-point of morals was the contrast between the teachings of
-Christianity and the habits and opinions of the world over which
-it spread more radical than in this. In Rome there was an old law
-of unknown date, called Lex Scantinia (or Scatinia), which
-imposed a mulct on him who committed pederasty with a free
-person;[176] but this law, of which {481} very little is known,
-had lain dormant for ages, and the subject of ordinary homosexual
-intercourse had never afterwards attracted the attention of the
-pagan legislators.[177] But when Christianity became the religion
-of the Roman Empire, a veritable crusade was opened against it.
-Constantius and Constans made it a capital crime, punishable with
-the sword.[178] Valentinian went further still and ordered that
-those who were found guilty of it should be burned alive in the
-presence of all the people.[179] Justinian, terrified by certain
-famines, earthquakes, and pestilences, issued an edict which
-again condemned persons guilty of unnatural offences to the
-sword, "lest, as the result of these impious acts, whole cities
-should perish together with their inhabitants," as we are taught
-by Holy Scripture that through such acts cities have perished
-with the men in them.[180] "A sentence of death and infamy," says
-Gibbon, "was often founded on the slight and suspicious evidence
-of a child or a servant, . . . and pederasty became the crime of
-those to whom no crime could be imputed."[181]
-
-[Footnote 172: _Romans_, i. 26 _sq._]
-
-[Footnote 173: Tertullian, _De pudicitia_, 4 (Migne, _Patrologiæ
-cursus_, ii. 987).]
-
-[Footnote 174: St. Basil, quoted by Bingham, _Works_, vi. 432 _sq._]
-
-[Footnote 175: _Concilium Eliberitanum_, ch. 71 (Labbe-Mansi,
-_Sacrorum Conciliorum collectio_, ii. 17).]
-
-[Footnote 176: Juvenal, _Satiræ_, ii. 43 _sq._ Valerius Maximus,
-_Facta dictaque memorabilia_, vi. 1. 7. Quintilian, _Institutio
-oratoria_, iv. 2. 69:--"Decem milia, quae poena stupratori
-constituta est, dabit." Christ, _Hist. Legis Scatiniæ_, quoted by
-Döllinger, _op. cit._ ii. 274. Rein, _Criminalrecht der Römer_,
-p. 865 _sq._ Bingham, _op. cit._ vi. 433 _sqq._ Mommsen,
-_Römisches Strafrecht_, p. 703 _sq._]
-
-[Footnote 177: Mommsen, _op. cit._ p. 704. Rein, _op. cit._ p.
-866. The passage in _Digesta_, xlviii. 5. 35. 1, refers to
-_stuprum_ independently of the sex of the victim.]
-
-[Footnote 178: _Codex Theodosianus_, ix. 7. 3. _Codex
-Justinianus_, ix. 9. 30.]
-
-[Footnote 179: _Codex Theodosianus_, ix. 7. 6.]
-
-[Footnote 180: _Novellæ_, 77. See also _ibid._ 141, and
-_Institutiones_, iv. 18. 4.]
-
-[Footnote 181: Gibbon, _History of the Decline and Fall of the
-Roman Empire_, v. 323.]
-
-This attitude towards homosexual practices had a profound and
-lasting influence on European legislation. Throughout the Middle
-Ages and later, Christian lawgivers thought that nothing but a
-painful death in the flames could atone for the sinful act.[182]
-In England Fleta {482} speaks of the offender being buried
-alive;[183] but we are elsewhere told that burning was the due
-punishment.[184] As unnatural intercourse, however, was a subject
-for ecclesiastical cognizance, capital punishment could not be
-inflicted on the criminal unless the Church relinquished him to
-the secular arm; and it seems very doubtful whether she did
-relinquish him. Sir Frederick Pollock and Professor Maitland
-consider that the statute of 1533, which makes sodomy felony,
-affords an almost sufficient proof that the temporal courts had
-not punished it, and that no one had been put to death for it for
-a very long time past.[185] It was said that the punishment for
-this crime--which the English law, in its very indictments,
-treats as a crime not fit to be named[186]--was determined to be
-capital by "the voice of nature and of reason, and the express
-law of God";[187] and it remained so till 1861,[188] although in
-practice the extreme punishment was not inflicted.[189] In France
-persons were actually burned for this crime in the middle and
-latter part of the eighteenth century.[190] But in this, as in so
-many other respects, the rationalistic movement of that age
-brought about a change.[191] To punish sodomy with death, it was
-said, is atrocious; when unconnected with violence, the law ought
-to take no notice of it at all. It does not violate any other
-person's right, its influence on society is merely indirect, like
-that of drunkenness and free love; it is a disgusting vice, but
-its only proper punishment is contempt.[192] This view was
-adopted by the French 'Code pénal,' according to which homosexual
-practices in private, between two consenting adult parties,
-whether men or women, are absolutely {483} unpunished. The
-homosexual act is treated as a crime only when it implies an
-outrage on public decency, or when there is violence or absence
-of consent, or when one of the parties is under age or unable to
-give valid consent.[193] This method of dealing with
-homosexuality has been followed by the legislators of various
-European countries,[194] and in those where the law still treats
-the act in question _per se_ as a penal offence, notably in
-Germany, a propaganda in favour of its alteration is carried on
-with the support of many men of scientific eminence. This changed
-attitude of the law towards homosexual intercourse undoubtedly
-indicates a change of moral opinions. Though it is impossible to
-measure exactly the degree of moral condemnation, I suppose that
-few persons nowadays attach to it the same enormity of guilt as
-did our forefathers. And the question has even been put whether
-morality has anything at all to do with a sexual act, committed
-by the mutual consent of two adult individuals, which is
-productive of no offspring, and which on the whole concerns the
-welfare of nobody but the parties themselves.[195]
-
-[Footnote 182: Du Boys, _Histoire du droit criminel de
-l'Espagne_, pp. 93, 403. _Les Établissements de Saint Louis_, i.
-90, vol. ii. 147. Beaumanoir, _Coutumes du Beauvoisis_, xxx. 11,
-vol. i. 413. Montesquieu, _De l'esprit des lois_, xii. 6
-(_[OE]uvres_, p. 283). Hume, _Commentaries on the Law of
-Scotland_, ii. 335; Pitcairn, _Criminal Trials in Scotland_, ii.
-491, n. 2. Clarus, _Practica criminalis_, book v. § Sodomia, 4
-(_Opera omnia_, ii. 151). Jarcke, _Handbuch des gemeinen
-deutschen Strafrechts_, iii. 172 _sqq._ Charles V.'s _Peinliche
-Gerichtsordnung_, art. 116. Henke, _Geschichte des deutschen
-peinlichen Rechts_, i. 289. Numa Praetorius, 'Die strafrechtlichen
-Bestimmungen gegen den gleichgeschlechtlichen Verkehr,' in
-_Jahrbuch für sexuelle Zwischenstufen_, i. 124 _sqq._ In the
-beginning of the nineteenth century sodomy was still nominally
-subject to capital punishment by burning in Bavaria (von
-Feuerbach, _Kritik des Kleinschrodischen Entwurfs zu einem
-peinlichen Gesetzbuche für die Chur-Pfalz-Bayrischen Staaten_,
-ii. 13), and in Spain as late as 1843 (Du Boys, _op. cit._ p. 721).]
-
-[Footnote 183: Fleta, i. 37. 3, p. 84.]
-
-[Footnote 184: Britton, i. 10, vol. i. 42.]
-
-[Footnote 185: Pollock and Maitland, _History of English Law
-before the Time of Edward I._ ii. 556 _sq._]
-
-[Footnote 186: Coke, _Third Part of the Institutes of the Laws of
-England_, p. 58 _sq._ Blackstone, _Commentaries on the Laws of
-England_, iv. 218.]
-
-[Footnote 187: Blackstone, _op. cit._ iv. 218.]
-
-[Footnote 188: Stephen, _History of the Criminal Law of England_,
-i. 475.]
-
-[Footnote 189: Blackstone, _op. cit._ iv. 218.]
-
-[Footnote 190: Desmaze, _Pénalités anciennes_, p. 211. Havelock
-Ellis, _op. cit._ p. 207.]
-
-[Footnote 191: Numa Praetorius, _loc. cit._ p. 121 _sqq._]
-
-[Footnote 192: Note of the editors of Kehl's edition of
-Voltaire's 'Prix de la justice et de l'humanité,' in _[OE]uvres
-complètes_, v. 437, n. 2.]
-
-[Footnote 193: _Code pénal_, 330 _sqq._ _Cf._ Chevalier,
-_L'inversion sexuelle_, p. 431 _sqq._; Havelock Ellis, _op. cit._
-p. 207 _sq._]
-
-[Footnote 194: Numa Praetorius, _loc. cit._ pp. 131-133, 143 _sqq._]
-
-[Footnote 195: See, _e.g._, Bax, _Ethics of Socialism_, p. 126.]
-
-From this review of the moral ideas on the subject, incomplete
-though it be, it appears that homosexual practices are very
-frequently subject to some degree of censure, though the degree
-varies extremely. This censure is no doubt, in the first place,
-due to that feeling of aversion or disgust which the idea of
-homosexual intercourse tends to call forth in normally
-constituted adult individuals whose sexual instincts have
-developed under normal conditions. I presume that nobody will
-deny the general prevalence of such a tendency. It corresponds to
-that instinctive repugnance to sexual connections with women
-which is so frequently found in congenital inverts; whilst that
-particular form of it with which legislators have chiefly busied
-themselves evokes, in addition, a physical disgust of its own.
-And in a society where the {484} large majority of people are
-endowed with normal sexual desires their aversion to
-homosexuality easily develops into moral censure and finds a
-lasting expression in custom, law, or religious tenets. On the
-other hand, where special circumstances have given rise to widely
-spread homosexual practices, there will be no general feeling of
-disgust even in the adults, and the moral opinion of the society
-will be modified accordingly. The act may still be condemned, in
-consequence of a moral doctrine formed under different
-conditions, or of the vain attempts of legislators to check
-sexual irregularities, or out of utilitarian considerations; but
-such a condemnation would in most people be rather theoretical
-than genuine. At the same time the baser forms of homosexual love
-may be strongly disapproved of for the same reasons as the baser
-forms of intercourse between men and women; and the passive
-pederast may be an object of contempt on account of the feminine
-practices to which he lends himself, as also an object of hatred
-on account of his reputation for sorcery. We have seen that the
-effeminate men are frequently believed to be versed in
-magic;[196] their abnormalities readily suggest that they are
-endowed with supernatural power, and they may resort to
-witchcraft as a substitute for their lack of manliness and
-physical strength. But the supernatural qualities or skill in
-magic ascribed to men who behave like women may also, instead of
-causing hatred, make them honoured or reverenced.
-
-[Footnote 196: See also Bastian, in _Zeitschr. f. Ethnol._ i. 88
-_sq._ Speaking of the witches of Fez, Leo Africanus says
-(_History and Description of Africa_, ii. 458) that "they haue a
-damnable custome to commit vnlawfull Venerie among themselues."
-Among the Patagonians, according to Falkner (_Description of
-Patagonia_, p. 117), the male wizards are chosen for their office
-when they are children, and "a preference is always shown to
-those who at that early time of life discover an effeminate
-disposition." They are obliged, as it were, to leave their sex,
-and to dress themselves in female apparel.]
-
-It has been suggested that the popular attitude towards
-homosexuality was originally an aspect of economics, a question
-of under- or over-population, and that it was forbidden or
-allowed accordingly. Dr. Havelock Ellis thinks it probable that
-there is a certain relationship {485} between the social reaction
-against homosexuality and against infanticide:--"Where the one is
-regarded leniently and favourably, there generally the other is
-also; where the one is stamped out, the other is usually stamped
-out."[197] But our defective knowledge of the opinions of the
-various savage races concerning homosexuality hardly warrants
-such a conclusion; and if a connection really does exist between
-homosexual practices and infanticide it may be simply due to the
-numerical disproportion between the sexes resulting from the
-destruction of a multitude of female infants.[198] On the other
-hand we are acquainted with several facts which are quite at
-variance with Dr. Ellis's suggestion. Among many Hindu castes
-female infanticide has for ages been a genuine custom,[199] and
-yet pederasty is remarkably rare among the Hindus. The ancient
-Arabs were addicted to infanticide,[200] but not to homosexual
-love,[201] whereas among modern Arabs the case is exactly the
-reverse. And if the early Christians deemed infanticide and
-pederasty equally heinous sins, they did so certainly not because
-they were anxious that the population should increase; if this
-had been their motive they would hardly have glorified celibacy.
-It is true that in a few cases the unproductiveness of homosexual
-love has been given by indigenous writers as a reason for its
-encouragement or condemnation. It was said that the Cretan law on
-the subject had in view to check the growth of population; but,
-like Döllinger,[202] I do not believe that this assertion touches
-the real root of the matter. More importance may be attached to
-the following passage in one of the Pahlavi texts:--"He who is
-wasting seed makes a practice of causing the death of progeny;
-when the custom is completely continuous, which produces an evil
-stoppage of the progress of the race, the creatures have become
-annihilated; and certainly, that action, from which, when it is
-universally proceeding, the depopulation {486} of the world must
-arise, has become and furthered the greatest wish of
-Aharman."[203] I am, however, of opinion that considerations of
-this kind have generally played only a subordinate, if any, part
-in the formation of the moral opinions concerning homosexual
-practices. And it can certainly not be admitted that the severe
-Jewish law against sodomy was simply due to the fact that the
-enlargement of the population was a strongly felt social need
-among the Jews.[204] However much they condemned celibacy, they
-did not put it on a par with the abominations of Sodom. The
-excessive sinfulness which was attached to homosexual love by
-Zoroastrianism, Hebrewism, and Christianity, had quite a special
-foundation. It cannot be sufficiently accounted for either by
-utilitarian considerations or instinctive disgust. The abhorrence
-of incest is generally a much stronger feeling than the aversion
-to homosexuality. Yet in the very same chapter of Genesis which
-describes the destruction of Sodom and Gomorrah we read of the
-incest committed by the daughters of Lot with their father; [205]
-and, according to the Roman Catholic doctrine, unnatural
-intercourse is an even more heinous sin than incest and
-adultery.[206] The fact is that homosexual practices were
-intimately associated with the gravest of all sins: unbelief,
-idolatry, or heresy.
-
-[Footnote 197: Havelock Ellis, _op. cit._ p. 206. See Additional
-Notes.]
-
-[Footnote 198: _Cf._ _supra_, ii. 466 (Tahitians).]
-
-[Footnote 199: _Supra_, i. 407.]
-
-[Footnote 200: _Supra_, i. 406 _sq._]
-
-[Footnote 201: von Kremer, _Culturgeschichte des Orients_, ii. 129.]
-
-[Footnote 202: Döllinger, _op. cit._ ii. 239.]
-
-[Footnote 203: _Dâdistân-î Dînîk_, lxxvii. 11.]
-
-[Footnote 204: Havelock Ellis, _op. cit._ p. 206.]
-
-[Footnote 205: _Genesis_, xix. 31 _sqq._]
-
-[Footnote 206: Thomas Aquinas, _Summa theologica_, ii.-ii. 154.
-12. Katz, _Grundriss des kanonischen Strafrechts_, pp. 104, 118,
-120. Clarus, _Practica criminalis_, book v. § Sodomia,
-Additiones, 1 (_Opera omnia_, ii. 152):--"Hoc vitium est majus,
-quam si quis propriam matrem cognosceret."]
-
-According to Zoroastrianism, unnatural sin had been created by
-Angra Mainyu.[207] "Aharman, the wicked, miscreated the demons
-and fiends, and also the remaining corrupted ones, by his own
-unnatural intercourse."[208] Such intercourse is on a par with
-Afrâsiyâb, a Turanian king who conquered the Iranians for twelve
-years;[209] with Dahâk, a king or dynasty who is said to have
-conquered Yim and reigned for a thousand years;[210] with Tûr-i
-Brâdar-vakhsh, {487} a heterodox wizard by whom the best men were
-put to death.[211] He who commits unnatural sin is "in his whole
-being a Daêva";[212] and a Daêva-worshipper is not a bad
-Zoroastrian, but a man who does not belong to the Zoroastrian
-system, a foreigner, a non-Aryan.[213] In the Vendîdâd, after the
-statement that the voluntary commission of unnatural sin is a
-trespass for which there is no atonement for ever and ever, the
-question is put, When is it so? And the answer given is:--If the
-sinner be a professor of the religion of Mazda, or one who has
-been taught in it. If not, his sin is taken from him, in case he
-makes confession of the religion of Mazda and resolves never to
-commit again such forbidden deeds.[214] This is to say, the sin
-is inexpiable if it involves a downright defiance of the true
-religion, it is forgiven if it is committed in ignorance of it
-and is followed by submission. From all this it appears that
-Zoroastrianism stigmatised unnatural intercourse as a practice of
-infidels, as a sign of unbelief. And I think that certain facts
-referred to above help us to understand why it did so. Not only
-have homosexual practices been commonly associated with sorcery,
-but such an association has formed, and partly still forms, an
-incident of the shamanistic system prevalent among the Asiatic
-peoples of Turanian stock, and that it did so already in remote
-antiquity is made extremely probable by statements which I have
-just quoted from Zoroastrian texts. To this system Zoroastrianism
-was naturally furiously opposed, and the "change of sex" therefore
-appeared to the Mazda worshipper as a devilish abomination.
-
-[Footnote 207: _Vendîdâd_, i. 12.]
-
-[Footnote 208: _Dînâ-î Maînôg-î Khirad_, viii. 10.]
-
-[Footnote 209: _Sad Dar_, ix. 5. West's note to _Dînâ-î Maînôg-î
-Khirad_, viii. 29 (**_Sacred Books of the East_, xxiv. 35, n. 4.)]
-
-[Footnote 210: _Sad Dar_, ix. 5. West's note to _Dînâ-î Maînôg-î
-Khirad_, viii. 29 (_Sacred Books of the East_, xxiv. 35, n. 3).]
-
-[Footnote 211: _Sad Dar_, ix. 5. West's note to _Dâdistân-î
-Dînîk_, lxxii. 8 (_Sacred Books of the East_, xviii. 218).]
-
-[Footnote 212: _Vendîdâd_, viii. 32.]
-
-[Footnote 213: Darmesteter, in _Sacred Books of the East_, iv. p. li.]
-
-[Footnote 214: _Vendîdâd_, viii. 27 _sq._]
-
-So also the Hebrews abhorrence of sodomy was largely due to their
-hatred of a foreign cult. According to Genesis, unnatural vice
-was the sin of a people who were not the Lord's people, and the
-Levitical legislation represents Canaanitish abominations as the
-chief reason {488} why the Canaanites were exterminated.[215] Now
-we know that sodomy entered as an element in their religion.
-Besides _[k.]ed[=e]sh[=o]th_, or female prostitutes, there were
-_[k.]ed[=e]sh[=i]m_, or male prostitutes, attached to their
-temples.[216] The word _[k.]ad[=e]sh_, translated "sodomite,"
-properly denotes a man dedicated to a deity;[217] and it appears
-that such men were consecrated to the mother of the gods, the
-famous Dea Syria, whose priests or devotees they were considered
-to be.[218] The male devotees of this and other goddesses were
-probably in a position analogous to that occupied by the female
-devotees of certain gods, who also, as we have seen, have
-developed into libertines; and the sodomitic acts committed with
-these temple prostitutes may, like the connections with
-priestesses, have had in view to transfer blessings to the
-worshippers.[219] In Morocco supernatural benefits are expected
-not only from heterosexual, but also from homosexual intercourse
-with a holy person.[220] The _[k.]ed[=e]sh[=i]m_ are frequently
-alluded to in the Old Testament, especially in the period of the
-monarchy, when rites of foreign origin made their way into both
-Israel and Judah.[221] And it is natural that the Yahveh
-worshipper should regard their practices with the utmost horror
-as forming part of an idolatrous cult.
-
-[Footnote 215: _Leviticus_, xx. 23.]
-
-[Footnote 216: _Deuteronomy_, xxiii. 17. Driver, _Commentary on
-Deuteronomy_, p. 264.]
-
-[Footnote 217: Driver, _op. cit._ p. 264 _sq._ Selbie,
-'Sodomite,' in Hastings, _Dictionary of the Bible_, iv. 559.]
-
-[Footnote 218: St. Jerome, _In Osee_, i. 4. 14 (Migne, _op. cit._
-xxv. 851). Cook's note to _1 Kings_, xiv. 24, in his edition of
-_The Holy Bible_, ii. 571. See also Lucian, _Lucius_, 38.]
-
-[Footnote 219: Rosenbaum suggests (_Geschichte der Lustseuche im
-Alterthume_, p. 120) that the eunuch priests connected with the
-cult of the Ephesian Artemis and the Phrygian worship of Cybele
-likewise were sodomites.]
-
-[Footnote 220: See Westermarck, _The Moorish Conception of
-Holiness_, p. 85.]
-
-[Footnote 221: _1 Kings_, xiv. 24; xv. 12; xxii. 46. _2 Kings_,
-xxiii. 7. _Job_, xxxvi. 14. Driver, _op. cit._ p. 265.]
-
-The Hebrew conception of homosexual love to some extent affected
-Muhammedanism, and passed into Christianity. The notion that it
-is a form of sacrilege was here strengthened by the habits of the
-gentiles. St. Paul found the abominations of Sodom prevalent
-among nations who had "changed the truth of God into a lie, and
-worshipped and served the creature more than the {489}
-Creator."[222] During the Middle Ages heretics were accused of
-unnatural vice as a matter of course.[223] Indeed, so closely was
-sodomy associated with heresy that the same name was applied to
-both. In 'La Coutume de Touraine-Anjou' the word _herite_, which
-is the ancient form of _hérétique_,[224] seems to be used in the
-sense of "sodomite";[225] and the French _bougre_ (from the Latin
-_Bulgarus_, Bulgarian), as also its English synonym, was
-originally a name given to a sect of heretics who came from
-Bulgaria in the eleventh century, and was afterwards applied to
-other heretics, but at the same time it became the regular
-expression for a person guilty of unnatural intercourse.[226] In
-mediæval laws sodomy was also repeatedly mentioned together with
-heresy, and the punishment was the same for both.[227] It thus
-remained a religious offence of the first order. It was not only
-a "vitium nefandum et super omnia detestandum,"[228] but it was
-one of the four "clamantia peccata," or crying sins,[229] a
-"crime de Majestie, vers le Roy celestre."[230] Very naturally,
-therefore, it has come to be regarded with somewhat greater
-leniency by law and public opinion in proportion as they have
-emancipated themselves from theological doctrines. And the fresh
-light which the scientific study of the sexual impulse has lately
-thrown upon the subject of homosexuality must also necessarily
-influence the moral ideas relating to it, in so far as no
-scrutinising judge can fail to take into account the pressure
-which a powerful non-volitional desire exercises upon an agent's
-will.
-
-[Footnote 222: _Romans_, i. 25 _sqq._]
-
-[Footnote 223: Littré, _Dictionnaire de la langue française_, i.
-386, 'Bougre.' Haynes, _Religious Persecution_, p. 54.]
-
-[Footnote 224: Littré, _op. cit._ i. 2010, 'Hérétique.']
-
-[Footnote 225: _Les Établissements de Saint Louis_, i. 90, vol.
-ii. 147. Viollet, in his Introduction to the same work, i. 254.]
-
-[Footnote 226: Littré, _op. cit._ i. 386, 'Bougre.' Murray, _New
-English Dictionary_, i. 1160, 'Bugger.' Lea, _History of the
-Inquisition of the Middle Ages_, i. 115, note.]
-
-[Footnote 227: Beaumanoir, _Coutumes du Beauvoisis_, xxx. 11,
-vol. i. 413:--"Qui erre contre le foi, comme en mescreance, de le
-quele il ne veut venir à voie de verité, ou qui fet sodomiterie,
-il doit estre ars, et forfet tout le sien en le maniere dessus."
-Britton, i. 10, vol. i. 42. Montesquieu, _De l'esprit des lois_,
-xii. 6 (_[OE]uvres_, p. 283). Du Boys, _Histoire du droit
-criminel de l'Espagne_, pp. 486, 721.]
-
-[Footnote 228: Clarus, _Practica criminalis_, book v. § Sodomia,
-1 (_Opera omnia_, ii. 151).]
-
-[Footnote 229: Coke, _Third Part of the Institutes of the Laws of
-England_, p. 59.]
-
-[Footnote 230: _Mirror_, quoted _ibid._ p. 58.]
-
-
-
-
-CHAPTER XLIV
-
-REGARD FOR THE LOWER ANIMALS
-
-
-MEN'S conduct towards the lower animals is frequently a subject
-of moral valuation.
-
-Totem animals must be treated with deference by those who bear
-their names, and animals generally regarded as divine must be
-respected by all; of this more will be said in a subsequent
-chapter.[1] Among various peoples the members of certain animal
-species must not be killed, because they are considered to be
-receptacles for the souls of departed men,[2] or because the
-species is believed to have originated through a transformation
-of men into animals.[3] The Dyaks of Borneo have a superstitious
-dread of killing orang-utans, being of opinion that these apes
-are men who went to live in the forest and abstain from speaking
-merely in order to be exempt from paying taxes.[4] The Moors
-consider it wrong to kill a monkey, because the monkey was once a
-man whom God changed into his present shape as a punishment for
-the sin he committed by performing his ablutions with milk; and
-they would never do harm to a stork, because, as they say, the
-stork was originally a judge, who passed unjust sentences upon
-his fellow creatures and therefore became what he is. They also
-account it a sin to kill a swallow or a pigeon, a white spider or
-a bee, because they regard them as holy. Other creatures, again,
-are spared by the Moors because they {491} appear uncanny or are
-suspected of being evil spirits in disguise. It is believed that
-anybody who kills a raven easily goes mad and that he who kills a
-toad will get fever or die; and no Moor would dare to hit a cat
-or a dog in the dark, since it seems very doubtful what kind of
-being it really is. Superstitions of this sort are world-wide.]
-
-[Footnote 1: _Infra_, on Duties to Gods.]
-
-[Footnote 2: _Infra_, p. 516 _sq._]
-
-[Footnote 3: See Meiners, _Allgemeine Geschichte der Religionen_,
-i. 213 _sqq._]
-
-[Footnote 4: Selenka, _Sonnige Welten_, p. 57.]
-
-It is a common belief among uncultured peoples that a person who
-slays an animal is exposed to the vengeance either of its
-disembodied spirit or of all the other creatures belonging to the
-same species.[5] Hence, as Sir J. G. Frazer has shown, the savage
-often makes it a rule to spare the lives of those animals which
-he has no pressing motive for killing, at least such fierce and
-dangerous ones as are likely to exact a bloody revenge for the
-slaughter of any of their kind; and when, for some reason or
-other, he overcomes his superstitious scruples and takes the life
-of the beast, he is anxious to appease the victim and its kindred
-by testifying his respect for them, or making apologies, or
-trying to conceal his share in procuring the death of the animal,
-or promising that its remains will be honourably treated.[6] The
-Stiêns of Cambodia, for instance, who believe that animals have
-souls which wander about after death, ask pardon when they have
-killed one, lest its soul should visit and torment them; and they
-also offer it sacrifices proportioned to the strength and size of
-the animal.[7] When a party of Koriaks have killed a bear or a
-wolf, they skin the beast, dress one of their family in the skin,
-and dance round the skin-clad man, saying that it was not they
-who killed the animal but someone else, by preference a
-Russian.[8] The Eskimo about Behring Strait maintain that the
-dead bodies of various animals must be treated very carefully by
-the hunter who obtains them, so that their shades may not be
-offended and bring bad luck or even death upon him or his people.[9]
-
-[Footnote 5: _Supra_, i. 258.]
-
-[Footnote 6: Frazer, _Golden Bough_, ii. 389 _sqq._]
-
-[Footnote 7: Mouhot, _Travels in the Central Parts of
-Indo-China_, i. 252.]
-
-[Footnote 8: Bastian, _Der Mensch in der Geschichte_, iii. 26.]
-
-[Footnote 9: Nelson, 'Eskimo about Bering Strait,' in _Ann. Rep.
-Bur. Ethn._ xviii. 438.]
-
-{492} The savage, moreover, desires to keep on good terms with
-animals which, without being feared, are either eaten or valued
-for their skins. Hence, when he captures one, he shows such
-deference for it as may be necessary for inducing its fellows to
-come and be killed also.[10] Alaskan hunters preserve the bones
-of sables and beavers out of reach of the dogs for a year and
-then bury them carefully, lest the spirits which look after these
-species should consider that "they are regarded with contempt and
-hence no more should be killed or trapped."[11] The Thompson
-River Indians of British Columbia said that when a deer was
-killed its fellows would be well pleased if the hunters butchered
-the animal nicely and cleanly.[12] The Hurons refrained from
-throwing fish bones into the fire, lest the souls of the fish
-should go and warn the other fish not to let themselves be
-caught, since, if they were, their own bones would also be
-burned.[13] Some savages respect the bones of the animals which
-they eat because they believe that the bones, if preserved, will,
-in the course of time, be reclothed with flesh and the animal
-thus come to life again.[14]
-
-[Footnote 10: Frazer, _op. cit._ ii. 403 _sqq._]
-
-[Footnote 11: Dall, _Alaska_, p. 89.]
-
-[Footnote 12: Teit, 'Thompson Indians of British Columbia,' in
-_Memoirs of the American Museum of Natural History_,
-'Anthropology,' i. 346.]
-
-[Footnote 13: Sagard, _Le grand voyage du pays des Hurons_, p. 255.]
-
-[Footnote 14: Frazer, _op. cit._ ii. 415 _sqq._]
-
-Besides the creatures which primitive man treats with respect
-because he dreads their strength and ferocity or on account of
-the benefits he expects from them, there is yet a third class of
-animate beings which he sometimes deems it necessary to
-conciliate, namely, vermin that infest the crops.[15] Among the
-Saxons of Transylvania, in order to keep sparrows from the corn,
-the sower begins by throwing the first handful of seed backwards
-over his head, saying, "That is for you, sparrows."[16] And of
-the Drâvidian tribes of Mirzapur we are told that, when locusts
-threaten to eat up the fruits of the earth, the people catch one,
-decorate its head with a spot of red {493} lead, salaam to it,
-and let it go; after which civilities the whole flight
-immediately departs.[17]
-
-[Footnote 15: _Ibid._ ii. 422 _sqq._]
-
-[Footnote 16: Heinrich, quoted _ibid._ ii. 423.]
-
-[Footnote 17:  Crooke, _Popular Religion and Folk-lore of
-Northern India_, ii. 303.]
-
-Domestic animals are frequently objects of superstitious
-reverence.[18] They are expected to reward masters who treat them
-well, whereas those who harm them are believed to expose
-themselves to their revenge. Among the Eskimo about Behring
-Strait dogs are never beaten for biting people, lest the _inua_
-or shade of the dog should become angry and prevent the wound
-from healing.[19] Butchers are often regarded as unclean, and the
-original reason for this was in all probability the idea that
-they were haunted by the spirits of the animals they had slain.
-Among the Guanches of the Canary Islands it was unlawful for
-anybody but professional butchers to kill cattle, and a butcher
-was forbidden to enter other persons' houses, to touch their
-property, and to keep company with any one not of his own
-trade.[20] In Morocco a butcher, like a manslayer, is thought to
-be haunted by _jnûn_ (_jinn_), and it seems that in this case
-also the notion of haunting _jnûn_ has replaced an earlier belief
-in troublesome ghosts.[21] So, too, the ancient Troglodytes of
-East Africa, who derived their whole sustenance from their flocks
-and herds, are said to have looked upon butchers as unclean.[22]
-In the rural districts of Japan it is believed that a butcher
-will have a cripple among his descendants.[23]
-
-[Footnote 18: See Robertson Smith, _Religion of the Semites_,
-p. 296 _sqq._]
-
-[Footnote 19: Nelson, in _Ann. Rep. Bur. Ethn._ xviii. 435.]
-
-[Footnote 20: Abreu de Galindo, _History of the Discovery and
-Conquest of the Canary Islands_, p. 71 _sq._ Bory de St. Vincent,
-_Essais sur les Isles Fortunées_, p. 103 _sq._]
-
-[Footnote 21: _Cf._ _supra_, i. 378.]
-
-[Footnote 22: Robertson Smith, _op. cit._ p. 296 _sq._]
-
-[Footnote 23: Griffis, _Mikado's Empire_, p. 472.]
-
-How far ideas of this sort may account for the great
-disinclination of many peoples to kill their cattle, it is
-impossible to say; but they certainly do not constitute the only
-motive. We have noticed above that pastoral tribes are unwilling
-to reduce their herds and agricultural peoples to kill the
-ploughing ox, because this would imply {494} loss of valuable
-property.[24] And apart from economic considerations, we may
-assume that feelings of genuine sympathy also induce them to
-treat their animals with kindness. The altruistic sentiment has
-not necessarily reference to members of the same species only; of
-this we find instances even among animals in confinement and
-domesticated animals, which frequently become attached to
-individuals of a different species with whom they live
-together.[25] And the savage feels himself much more closely
-related to the animal world than does his civilised fellow
-creature; indeed, as we have seen, he habitually obliterates the
-boundaries between man and beast and regards all animals as
-practically on a footing of equality with himself.[26] Among the
-pastoral races of Africa the men delight in attending their
-cattle, and spend much time in ornamenting and adorning them; the
-herdsman knows every beast in his herd, calls it by its name, and
-affectionately observes all its peculiarities.[27] Of the Bahima,
-a cow tribe in Uganda, the Rev. J. Roscoe tells us that the men
-form warm attachments for their cattle; some of them love the
-animals like children, pet and coax them, talk to them, and weep
-over their ailments, and should a favourite die their grief is so
-extreme that it sometimes leads to suicide.[28] The mythical
-founder of the kingdom of Uganda, Kintu, is said to have been so
-humane and averse from the sight of blood, that "even cattle
-killed for necessary food were slaughtered at some distance from
-his dwelling."[29] But cattle are not the only dumb creatures
-that excite tender feelings in the bosom of a savage. The For
-tribe of Central Africa regard it as a characteristic of a good
-man to be kind to animals in general, and consider it wicked to
-be otherwise.[30] Concerning the Eastern Central Africans Mr.
-{495} Macdonald writes that if they appear destitute of pity,
-say, for their fowls in their methods of carrying them, it is
-because they do not reflect that it gives them pain--"all would
-admit that it was a cruel thing to pain the fowl"; and they have
-fables in their language which show a desire to enter minutely
-into the feelings of dumb creatures, representing, for instance,
-fowls as reasoning on their hard fate in being killed for their
-master's supper.[31] Among the Indians of the province of Quito,
-according to Juan and Ulloa, the women are so fond of their fowls
-that they will not sell them, much less kill them with their own
-hands; "so that if a stranger, who is obliged to pass the night
-in one of their cottages, offers ever so much money for a fowl,
-they refuse to part with it, and he finds himself under a
-necessity of killing the fowl himself. At this his landlady
-shrieks, dissolves in tears, and wrings her hands, as if it had
-been an only son; till seeing the mischief past remedy she wipes
-her eyes, and quietly takes what the traveller offers her."[32]
-North American Indians, again, are very fond of their hunting
-dogs. Those on the west side of the Rocky Mountains "appear to
-have the same affection for them that they have for their
-children; and they will discourse with them, as if they were
-rational beings. They frequently call them their sons or
-daughters; and when describing an Indian, they will speak of him
-as father of a particular dog which belongs to him. When these
-dogs die, it is not unusual to see their masters or mistresses
-place them on a pile of wood, and burn them in the same manner as
-they do the dead bodies of their relations; and they appear to
-lament their deaths, by crying and howling, fully as much as if
-they were their kindred."[33] So also the natives of Australia
-often display much affection for their dogs; Mr. Gason has seen
-women crying over a dog when bitten by a snake as if it had been
-one of their own children, and if a puppy has lost its mother the
-{496} women suckle and nurse it.[34] Of the Maoris of New Zealand
-we read that their extreme love of offspring "was also carried
-out to excess towards the young of brutes--especially of their
-dogs, and, afterwards, of cats and pigs introduced. Hence it was
-by no means an unusual sight to see a woman carrying her child at
-her back, and a pet dog, or pig, in her bosom."[35] The Chukchi
-of North-Eastern Siberia believe that if a person is cruel to
-brutes his soul will after his death migrate into some domestic
-animal--a dog, a horse, or a reindeer.[36] Even the miserable
-Veddahs of Ceylon are said to be indignant at the needless
-killing of a beast.[37]
-
-[Footnote 24: _Supra_, ii. 331.]
-
-[Footnote 25: See _supra_, i. 112.]
-
-[Footnote 26: _Supra_, i. 258.]
-
-[Footnote 27: Ratzel, _History of Mankind_, ii. 415.]
-
-[Footnote 28: Roscoe, 'Bahima,' in _Jour. Anthr. Inst._ xxxvii.
-94 _sq._]
-
-[Footnote 29: Felkin, 'Notes on the Waganda Tribe,' in _Proceed.
-Roy. Soc. Edinburgh_, xiii. 764.]
-
-[Footnote 30: Felkin, 'Notes on the For Tribe,' in _Proceed. Roy.
-Soc. Edinburgh_, xiii. 232 _sq._]
-
-[Footnote 31: Macdonald, _Africana_, i. 10 _sq._]
-
-[Footnote 32: Juan and Ulloa, _Voyage to South America_, i. 426
-_sq._]
-
-[Footnote 33: Harmon, _Journal of Voyages in the Interior of
-North America_, p. 335 _sq._]
-
-[Footnote 34: Gason, 'Dieyerie Tribe,' in Woods, _Native Tribes
-of South Australia_, p. 259. Fraser, _Aborigines of New South
-Wales_, p. 5. Williams, 'Yircla Meening Tribe,' in Curr, _The
-Australian Race_, i. 402.]
-
-[Footnote 35: Colenso, _Maori Races of New Zealand_, p. 43.]
-
-[Footnote 36: Ratzel, _op. cit._ ii. 231.]
-
-[Footnote 37: Sarasin, _Ergebnisse naturwissenschaftlicher
-Forschungen auf Ceylon_, iii. 539.]
-
-On the other hand we also hear of savages who are greatly lacking
-in sympathy for the brute creation. Darwin says that humanity to
-the lower animals is apparently unfelt by savages, except towards
-their pets.[38] Mr. Atkinson charges the New Caledonians with
-great cruelty to animals.[39] The Tasmanians appeared much to
-enjoy the tortures of a wounded bird or beast.[40] It is not to
-be expected that people whose kindly feelings towards men hardly
-extend beyond the borders of their own communities should be
-compassionate to wild animals. They may also appear wantonly
-cruel because they do not realise the pain which they inflict.
-And, like children, they may enjoy the agony of a suffering beast
-or bird because it excites their curiosity.
-
-[Footnote 38: Darwin, _Descent of Man_, p. 123.]
-
-[Footnote 39: Atkinson, 'Natives of New Caledonia,' in
-_Folk-lore_, xiv. 248.]
-
-[Footnote 40: Davies, quoted by Ling Roth, _Tasmanians_, p. 66.]
-
-It is obvious from what has been said above that already at the
-savage stage men's conduct towards the lower animals must in some
-cases be a matter of moral concern. For hand in hand with the
-altruistic sentiment we always find the feeling of sympathetic
-resentment whenever there is an occasion for its outburst.
-Moreover, {497} acts which are, or are believed to be, injurious
-to the agent, by exposing him to an animal's revenge or
-otherwise, are prohibited because they are imprudent; and, as we
-have often noticed, such prohibitions are apt to assume a moral
-character. Finally, if a certain mode of conduct is considered to
-be productive of public harm, as is the case with any act or
-omission which reduces, or is supposed to reduce, the supply of
-food or animal clothing, it is naturally looked upon as a wrong
-against the community.
-
-Similar facts have, among peoples of a higher culture, led to
-moral rules inculcating regard for animals--rules which have
-often assumed a definite shape in their laws or religious books.
-
-According to Brahmanism tenderness towards all creatures is a
-duty incumbent upon the four castes. It is said that "he who
-injures innoxious beings from a wish to give himself pleasure,
-never finds happiness, neither living nor dead."[41] If a blow is
-struck against animals in order to give them pain, the judge
-shall inflict a fine in proportion to the amount of pain caused,
-just as if the blow had been struck against a man.[42] The
-killing of various creatures, including fish and snakes, reduces
-the offender to a mixed caste;[43] and, according to 'Vishnu
-Purana,' fishermen go after death to the same hell as awaits
-prisoners, incendiaries, and treacherous friends.[44] To kill a
-cow is a great crime;[45] whereas he who unhesitatingly abandons
-life for the sake of a cow is freed even from the guilt of the
-murder of a Brâhmana, and so is he who saves the life of a
-cow.[46] Among many of the Hindus the slaughter of a cow excites
-more horror than the killing of a man, and is punished with great
-severity, even with death.[47]
-
-[Footnote 41: _Laws of Manu_, v. 45.]
-
-[Footnote 42: _Ibid._ viii. 286.]
-
-[Footnote 43: _Ibid._ xi. 69.]
-
-[Footnote 44: _Vish['n]u Purá['n]a_, p. 208 _sq._]
-
-[Footnote 45: _Institutes of Vishnu_, l. 16 _sqq._ _Gautama_,
-xxii. 18. _Âpastamba_, i. 26. 1. _Laws of Manu_, xi. 109 _sqq._]
-
-[Footnote 46: _Laws of Manu_, xi. 80.]
-
-[Footnote 47: Barth, _Religions of India_, p. 264. Kipling,
-_Beast and Man in India_, p. 118 _sq._ Crooke, _Things Indian_,
-p. 91.]
-
-In Buddhism, Jainism, and Taouism the respect for animal life is
-extreme. A disciple of Buddha may not {498} knowingly deprive any
-creature of life, not even a worm or an ant. He may not drink
-water in which animal life of any kind whatever is contained, and
-must not even pour it out on grass or clay.[48] And the doctrine
-which forbids the killing of animate beings is not only
-professed, but in a large measure followed, by the great majority
-of people in Buddhistic countries. In Siam the tameness of many
-living creatures which in Europe fly from the presence of man is
-very striking. Instances have been known in which natives have
-quitted the service of Europeans on account of their
-unwillingness to destroy reptiles and vermin, and it is a not
-uncommon practice for rich Siamese to buy live fish to have the
-merit of restoring them to the sea.[49] In Burma, though fish is
-one of the staple foods of the people, the fisherman is despised;
-not so much, perhaps, as if he killed other living things, but he
-is still an outcast from decent society, and "will have to suffer
-great and terrible punishment before he can be cleansed from the
-sins that he daily commits."[50] The Buddhists of Ceylon are more
-forbearing: they excuse the fisherman by saying that he does not
-kill the fish, but only removes it from the water.[51] In Tibet
-all dumb creatures are treated with humanity, and the taking of
-animal life is rather strictly prohibited, except in the case of
-yaks and sheep needed for food. Owing to the coldness of the
-climate, flesh forms an essential staple of diet; but the
-butchers are regarded as professional sinners and are therefore
-the most despised of all classes in Tibet. Wild animals and even
-small birds and fish are seldom or never killed, on account of
-the religious penalties attached to this crime.[52]
-
-[Footnote 48: Oldenberg, _Buddha_, pp. 290 **n. *, 351.]
-
-[Footnote 49: Bowring, _Siam_, i. 107.]
-
-[Footnote 50: Fielding Hall, _The Soul of a People_, p. 230.]
-
-[Footnote 51: Schmidt, _Ceylon_, p. 316 _sq._]
-
-[Footnote 52: Waddell, _Buddhism of Tibet_, p. 567 _sq._]
-
-The Jain is stricter still in his regard for animal life. He
-sweeps the ground before him as he goes, lest animate things be
-destroyed; he walks veiled, lest he inhale a living organism; he
-considers that the evening and night are {499} not times for
-eating, since one might then swallow a live thing by mistake; and
-he rejects not only meat but even honey, together with various
-fruits that are supposed to contain worms, not because of his
-distaste for worms but because of his regard for life.[53] Some
-towns in Western India in which Jains are found have their beast
-hospitals, where animals are kept and fed. At Surat there was
-quite recently an establishment of this sort with a house where a
-host of noxious and offensive vermin, dense as the sands on the
-sea-shore, were bred and nurtured; and at Anjár, in Kutch, about
-five thousand rats were kept in a certain temple and daily fed
-with flour, which was procured by a tax on the inhabitants of the
-town.[54]
-
-[Footnote 53:  Hopkins, _Religions of India_, p. 288. Barth, _op.
-cit._ p. 145. Kipling, _op. cit._ p. 10 _sq._]
-
-[Footnote 54: Burnes, 'Notice of a remarkable Hospital for
-Animals at Surat,' in _Jour. Roy. Asiatic Soc._ i. 96 _sq._]
-
-According to 'Thâi-Shang,' one of the books of Taouism, a good
-man will feel kindly towards all creatures, and refrain from
-hurting even the insect tribes, grass, and trees; and he is a bad
-man who "shoots birds and hunts beasts, unearths the burrowing
-insects and frightens roosting birds, blocks up the dens of
-animals and overturns nests, hurts the pregnant womb and breaks
-eggs."[55] In the book called 'Merits and Errors Scrutinised,'
-which enjoys great popularity in China, it is said to be
-meritorious to save animals from death--even insects if the
-number amounts to a hundred,--to relieve a brute that is greatly
-wearied with work, to purchase and set at liberty animals
-intended to be slaughtered. On the other hand, to confine birds
-in a cage, to kill ten insects, to be unsparing of the strength
-of tired animals, to disturb insects in their holes, to destroy
-the nests of birds, without great reason to kill and dress
-animals for food, are all errors of various degrees. And "to be
-the foremost to encourage the slaughter of animals, or to hinder
-persons from setting them at liberty," is regarded as an error of
-the same magnitude as the crime of devising a person's death or
-of drowning or murdering a child.[56] Kindness {500} to animals
-is conspicuous in the writings of Confucius and Mencius;[57] the
-Master angled but did not use a net, he shot but not at birds
-perching.[58] Throughout Japan, according to Sir Edward Reed,
-"the life of animals has always been held more or less sacred. . . .,
-neither Shintoism nor Buddhism requiring or justifying the
-taking of the life of any creature for sacrifice."[59]
-
-[Footnote 55: _Thâi-Shang_, 3 _sq._]
-
-[Footnote 56: _Indo-Chinese Gleaner_, iii. 164, 205 _sq._]
-
-[Footnote 57: Mencius, i. 1. 7.]
-
-[Footnote 58: _Lun Yü_, vii. 26.]
-
-[Footnote 59: Reed, _Japan_, i. 61.]
-
-The regard for the lower animals which is shown by these Eastern
-religions and their adherents is to some extent due to
-superstitious ideas, similar to those which we found prevalent
-among many savages. Dr. de Groot observes that in China the
-virtues of benevolence and humanity are extended to animals
-because these, also, have souls which may work vengeance or bring
-reward.[60] The conduct of Orientals towards the brute creation
-has further been explained by their belief in the transmigration
-of souls. But it seems that the connection between their theory
-of metempsychosis and their rules relating to the treatment of
-animals is not exclusively, nor even chiefly, one of cause and
-effect, but rather one of a common origin. This theory itself may
-in some measure be regarded as a result of that intimacy which
-prevails in the East between animals and men. Buddhism recognises
-no fundamental distinction between them, only an accidental or
-phenomenal difference;[61] and the step is not long from this
-attitude to the doctrine of metempsychosis. Captain Forbes
-maintains that the humanity with which the Burmans treat dumb
-animals comes "more from the innate good nature and easiness of
-their dispositions than from any effect over them of this
-peculiar doctrine";[62] and they laugh at the suggestion made by
-Europeans that Buddhists abstain from taking life because they
-believe in the transmigration of souls, having never heard of it
-before. Their motive, says Mr. Fielding Hall, is compassion and
-_noblesse oblige_.[63] But by its punishments {501} and rewards,
-religion has greatly increased the natural regard for animal life
-and welfare, and introduced a new motive for conduct which
-originally sprang in the main from kindly feeling.
-
-[Footnote 60: de Groot, _Religious System of China_, (vol. iv.
-book) ii. 450.]
-
-[Footnote 61: Rhys Davids, _Hibbert Lectures on Buddhism_, p. 214.]
-
-[Footnote 62: Forbes, _British Burma_, p. 321.]
-
-[Footnote 63: Fielding Hall, _op. cit._ p. 237 _sq._]
-
-In Zoroastrianism we meet with a different attitude towards the
-lower animal world. A fundamental distinction is made between the
-animals of Ormuzd and those of Ahriman. To kill one of the former
-is a heinous sin, to kill one of the latter is a pious deed.[64]
-Sacred above all other animals is the dog. The ill-feeding and
-maltreatment of dogs are prosecuted as criminal, and extreme
-penalties are inflicted on those who venture to kill them.[65]
-Nay, if there be in the house of a worshipper of Mazda a mad dog
-who has no scent, the worshippers of Mazda "shall attend him to
-heal him, in the same manner as they would do for one of the
-faithful."[66] In the eyes of the Parsis, animals are enlisted
-under the standards of either Ormuzd or Ahriman according as they
-are useful or hurtful to man; but M. Darmesteter is of opinion
-that they originally belonged to the one or the other not on
-account of any such qualities, but according as they chanced to
-have lent their forms to either the god or the fiend in the storm
-tales. "It was not animal psychology," he says, "that disguised
-gods and fiends as dogs, otters, hedge-hogs, and cocks, or as
-snakes, tortoises, frogs, and ants, but the accidents of physical
-qualities and the caprice of popular fancy, as both the god and
-the fiend might be compared with, and transformed into, any
-object, the idea of which was suggested by the uproar of the
-storm, the blazing of the lightning, the streaming of the water,
-or the hue and shape of the clouds."[67] This hypothesis,
-however, seems to attach undue importance to mythical fancies,
-and it presupposes an almost unbounded and capricious allegorism,
-for which there is apparently little foundation {502} in facts.
-The suggestion that the animals are referred to either the one or
-the other category according as they are useful or obnoxious to
-man, is at all events borne out by a few salient features,
-although in many details the matter remains obscure.
-
-[Footnote 64: Darmesteter, _Ormazd et Ahriman_, p. 283.]
-
-[Footnote 65: _Vendîdâd_, xiii. _sq._ Geiger, _Civilization of
-the Eastern Iranians_, ii. 36.]
-
-[Footnote 66: _Vendîdâd_, xiii. 35.]
-
-[Footnote 67: Darmesteter, in _Sacred Books of the East_, iv.
-(1st edit.) p. lxxii. _sq._ See also _Idem_, _Ormazd et Ahriman_,
-p. 283 _sqq._]
-
-It appears that among the Zoroastrians, also, the respect for the
-life of animals is partly due to superstitious ideas about their
-souls and fear of their revenge. According to the 'Yasts,' "the
-souls of the wild beasts and of the tame" are objects of
-worship;[68] and in one of the Pahlavi texts it is said that
-people should abstain from unlawfully slaughtering any species of
-animals, since otherwise, in punishment for such an act, each
-hair of the animal killed becomes like a sharp dagger, and he who
-is unlawfully a slaughterer is slain.[69] But here again we may
-assume the co-operating influence of the feeling of sympathy.
-Various passages in the Zoroastrian 'Gathas' which enjoin
-kindness to domestic animals[70] suggest as their motives not
-only considerations of utility but genuine tenderness. In a later
-age Firdausi sang, "Ah! spare yon emmet rich in hoarded grain: He
-lives with pleasure, and he dies with pain."[71] And of the
-modern Persian Dr. Polak says that, "naturally not cruel, he
-treats animals with more consideration than men."[72] His present
-religion, too, enjoins kindness to animals as a duty.
-
-[Footnote 68: _Yasts_, xiii. 154.]
-
-[Footnote 69: _Shâyast Lâ-Shâyast_, x. 8.]
-
-[Footnote 70: Darmesteter, in _Le Zend-Avesta_, i. p. cvi.]
-
-[Footnote 71: Firdausi, quoted by Jones, 'Tenth Anniversary
-Discourse,' in _Asiatick Researches_, iv. 12.]
-
-[Footnote 72: Polak, _Persien_, i. 12.]
-
-According to Muhammedanism, beasts, birds, fish, insects, are
-all, like man, the slaves of God, the tools of His will. There is
-no intrinsic distinction between them and the human species,
-except what accidental diversity God may have been pleased to
-make.[73] Muhammed said to his followers:--"There is not a beast
-upon the earth nor a bird that flies with both its wings, but is
-a nation like to you; . . . to their Lord shall they be
-gathered."[74] Muhammedan law prescribes that domestic animals
-shall {503} be treated with consideration and not be
-overworked;[75] and in various Muhammedan countries this law has
-also been habitually put into practice. The Moslems of India are
-kind to animals.[76] In his earlier intercourse with the people
-of Egypt, Mr. Lane noticed much humanity to beasts.[77] Montaigne
-said that the Turks gave alms to brutes and had hospitals for
-them;[78] and Mr. Bosworth Smith is of opinion that beasts of
-burden and domestic animals are nowhere in Christendom with the
-one exception, perhaps, of Norway treated with such unvarying
-kindness and consideration as they are in Turkey. "In the East,"
-he adds, "so far as it has not been hardened by the West, there
-is a real sympathy between man and the domestic animals; they
-understand one another."[79]
-
-[Footnote 73: _Cf._ Palgrave, _Journey through Central and
-Eastern Arabia_, i. 368.]
-
-[Footnote 74: _Koran_, vi. 38.]
-
-[Footnote 75: Sachau, _Muhammedanisches Recht_, pp. 18, 103.]
-
-[Footnote 76: Pool, _Studies in Mohammedanism_, pp. 176, 177,
-247. _Cf._ Heber, _Journey through the Upper Provinces of India_,
-ii. 131.]
-
-[Footnote 77: Lane, _Modern Egyptians_, p. 293.]
-
-[Footnote 78: Montaigne, _Essais_, ii. 11.]
-
-[Footnote 79: Bosworth Smith, _Mohammed and Mohammedanism_, pp.
-180, 217.]
-
-So also the ancient Greeks were on familiar terms with the animal
-world. This appears from the frequency with which their poets
-illustrate human qualities by metaphors drawn from it. And as men
-were compared with animals, so animals were believed to possess
-human peculiarities. When a beast was going to be sacrificed it
-had to give its consent to the act by a nod of the head before it
-was killed.[80] Animals were held in some measure responsible for
-their deeds; they were tried for manslaughter, sentenced, and
-executed.[81] On the other hand, honours were bestowed upon
-beasts which had rendered signal services to their masters. The
-graves of Cimon's mares with which he three times conquered at
-the Olympic games were still in the days of Plutarch to be seen
-near his own tomb;[82] and a certain Xanthippus honoured his dog
-by burying it on a promontory, since then called "the dog's
-grave," because when the Athenians were compelled to abandon
-their city it swam by the side of his galley to Salamis.[83]
-According to Xenocrates, there were in existence {504} at Eleusis
-three laws which had been made by an ancient legislator,
-namely:--"Honour your parents; Sacrifice to the gods from the
-fruits of the earth; Injure not animals."[84] At Athens a man was
-punished for flaying a living ram.[85] The Areopagites once
-condemned a boy to death because he had picked out the eyes of
-some quails.[86] As we have noticed before, the life of the
-ploughing ox was sacred;[87] and young animals in particular were
-believed to be under the protection of the gods.[88] An ancient
-proverb says that "there are Erinyes even for dogs."[89] This
-seems to indicate that the Greeks, also, were influenced by the
-common notion that the soul of an animal may take revenge upon
-him who killed it, the Erinys of the slain animal being
-originally its persecuting ghost. Among the Pythagoreans, again,
-the rule that animals which are not obnoxious to the human race
-should be neither injured nor killed[90] was connected with their
-theory of metempsychosis;[91] and in some cases the prohibition
-of slaying useful animals may be traced to utilitarian
-motives.[92] But both in Greece and Rome kindness to brutes was
-also inculcated for their own sake, on purely humanitarian
-grounds. Porphyry says that, as justice pertains to rational
-beings and animals have been proved to be possessed of reason, it
-is necessary that we should act justly towards them.[93] He adds
-that "he who does not restrict harmless conduct to man alone, but
-extends it to other animals, most closely approaches to divinity;
-and if it were possible to extend it to plants, he would preserve
-this image in a still greater degree."[94] According to Plutarch
-kindness and beneficence to creatures of every species flow from
-the breast of a well-natured man as {505} streams that issue from
-the living fountain. We ought to take care of our dogs and horses
-not only when they are young, but when they are old and past
-service.[95] We ought not to violate or kill anything whatsoever
-that has life, unless it hurt us first.[96] And if we cannot live
-unblamably we should at least sin with discretion: when we kill
-an animal in order to satisfy our hunger we should do so with
-sorrow and pity, without abusing and tormenting it.[97] Cicero
-says it is a crime to injure an animal.[98] And Marcus Aurelius
-enjoins man to make use of brutes with a generous and liberal
-spirit, since he has reason and they have not.[99]
-
-[Footnote 80: Schmidt, _Die Ethik der alten Griechen_, ii. 96
-_sq._]
-
-[Footnote 81: _Supra_, i. 254.]
-
-[Footnote 82: Plutarch, _Cato Major_, v. 6.]
-
-[Footnote 83: _Ibid._ v. 7.]
-
-[Footnote 84: Porphyry, _De abstinentia ab esu animalium_, iv. 22.]
-
-[Footnote 85: Plutarch, _De carnium esu oratio I._ vii. 2.]
-
-[Footnote 86: Quintilian, _De institutione oratoria_, v. 9. 13.]
-
-[Footnote 87: _Supra_, ii. 331.]
-
-[Footnote 88: Aeschylus, _Agamemnon_, 48 _sqq._ Xenophon,
-_Cynegeticus_, v. 14.]
-
-[Footnote 89: Schmidt, _op. cit._ ii. 96.]
-
-[Footnote 90: Jamblichus, _De Pythagorica vita_, 21 (98).]
-
-[Footnote 91: Diogenes Laertius, _Vitæ philosophorum_, viii. 2.
-12 (77). Aristotle, _Rhetorica_, i. 13. 2, p. 1373 b. Schmidt,
-_op. cit._ ii. 94.]
-
-[Footnote 92: Porphyry, _op. cit._ iv. 22. _Supra_, ii. 331.]
-
-[Footnote 93: Porphyry, _op. cit._ iii. 18.]
-
-[Footnote 94: _Ibid._ iii. 28.]
-
-[Footnote 95: Plutarch, _Cato Major_, v. 3 _sq._]
-
-[Footnote 96: _Idem_, _Questiones Romanæ_, 75.]
-
-[Footnote 97: _Idem_, _De carnium esu oratio II._ i. 3.]
-
-[Footnote 98: Cicero, _De republica_, iii. 11.]
-
-[Footnote 99: Marcus Aurelius, _Commentarii_, vi. 23.]
-
-In the Old Testament we meet with several instances of kindly
-feeling towards animals.[100] God watches over and controls the
-sustenance of their life. He sends springs into the valleys which
-will give drink to every beast of the field. He gives nests to
-the birds of the heaven, which sing among the branches. He causes
-grass to grow for the cattle; and the young lions, roaring after
-their prey, seek their food from God.[101] Whilst the Jews, as
-Professor Toy observes, found it hard to conceive of the God of
-Israel as thinking kindly of its enemies, they had no such
-feeling of hostility towards beasts and birds.[102] But at the
-same time man is the centre of the creation, a being set apart
-from all other sentient creatures as God's special favourite, for
-whose sake everything else was brought into existence. The sun,
-the moon, and the stars were placed in the firmament of the
-heaven to give light upon the estate of man.[103] For his
-sustenance the fruits of the earth were made to grow, and to him
-was given dominion over the fish of the sea, {506} and over the
-fowl of the air, and over every living thing that moves upon the
-earth.[104] And when the earth is to be replenished after the
-deluge, the same privileges are again granted to him. The fear of
-man and the dread of man shall be upon all living creatures, into
-his hand are they all delivered, they shall all be meat for
-him.[105] And they are given over to his supreme and
-irresponsible control without the slightest injunction of
-kindness or the faintest suggestion of any duties towards them.
-They are to be regarded by him simply as food.[106]
-
-[Footnote 100: See Bertholet, _Die Stellung der Israeliten zu den
-Fremden_, p. 14. Various passages, however, which are often
-quoted as instances of tenderness towards animals allow of
-another and more natural interpretation. This is especially the
-case with the Sabbatarian injunctions referring to domestic
-animals.]
-
-[Footnote 101: _Psalms_, civ. 10-12, 14, 17, 21.]
-
-[Footnote 102: Toy, _Judaism and Christianity_, p. 81.]
-
-[Footnote 103: _Genesis_, i. 16 _sq._]
-
-[Footnote 104: _Genesis_, i. 28.]
-
-[Footnote 105: _Ibid._ ix. 2 _sq._]
-
-[Footnote 106: _Cf._ Evans, 'Ethical Relations between Man and
-Beast,' in _Popular Science Monthly_, xlv. 637 _sq._]
-
-Among the Hebrews the harshness of this anthropocentric doctrine
-was somewhat mitigated by the sympathy which a simple pastoral
-and agricultural people naturally feels for its domestic animals.
-In Christianity, on the other hand, it was further strengthened
-by the exclusive importance which was attached to the spiritual
-salvation of man. He was now more than ever separated from the
-rest of sentient beings. Even his own animal nature was regarded
-with contempt, the immortality of his soul being the only object
-of religious interest. "It would seem," says Dr. Arnold, "as if
-the primitive Christian, by laying so much stress upon a future
-life in contradistinction to this life, and placing the lower
-creatures out of the pale of hope, placed them at the same time
-out of the pale of sympathy, and thus laid the foundation for
-this utter disregard of animals in the light of our
-fellow-creatures."[107] St. Paul asks with scorn, "Doth God take
-care for oxen?"[108] No creed in Christendom teaches kindness to
-animals as a dogma of religion.[109] In the Middle Ages various
-councils of the Church declared hunting unlawful for the
-clergy;[110] but the obvious reason for this prohibition was its
-horror of bloodshed,[111] not any consideration {507} for the
-animals. Mr. Mauleverer in Sir Arthur Helps' 'Talk about Animals
-and their Masters,' says, "Upon a moderate calculation, I think I
-have heard, in my time, 1320 sermons; and I do not recollect that
-in any one of them I ever heard the slightest allusion made to
-the conduct of men towards animals."[112] Nor is there any such
-allusion in most treatises on Ethics which base their teachings
-upon distinctly Christian tenets. The kindest words, I think,
-which from a Christian point of view have been said about animals
-have generally come from Protestant sectarians, Quakers and
-Methodists,[113] whereas Roman Catholic writers--with a few
-exceptions[114]--when they deal with the subject at all, chiefly
-take pains to show that animals are entirely destitute of rights.
-Brute beasts, says Father Rickaby, cannot have any rights for the
-reason that they have no understanding and therefore are not
-persons. We have no duties of any kind to them, as neither to
-stocks and stones; we only have duties _about_ them. We must not
-harm them when they are our neighbour's property, we must not vex
-and annoy them _for_ sport, because it disposes him who does so
-to inhumanity towards his own species. But there is no shadow of
-evil resting on the practice of causing pain to brutes _in_
-sport, where the pain is not the sport itself, but an incidental
-concomitant of it. Much more in all that conduces to the
-sustenance of man may we give pain to animals, and we are not
-"bound to any anxious care to make this pain as little as may be.
-Brutes are as _things_ in our regard: so far as they are useful
-to us, they exist for us, not for themselves; and we do right in
-using them unsparingly for our need and convenience, though not
-for our wantonness."[115] According to another {508} modern
-Catholic writer the infliction of suffering upon an animal is not
-only justifiable, but a duty, "when it confers a certain, a solid
-good, however small, on the spiritual nature of man."[116] Pope
-Pius IX. refused a request for permission to form in Rome a
-Society for Prevention of Cruelty to Animals on the professed
-ground that it was a theological error to suppose that man owes
-any duty to an animal.[117]
-
-[Footnote 107: Arnold, quoted by Evans, in _Popular Science
-Monthly_, xlv. 639.]
-
-[Footnote 108: _1 Corinthians_, ix. 9.]
-
-[Footnote 109: The Manichæans prohibited all killing of animals
-(Baur, _Das Manichäische Religionssystem_, p. 252 _sqq._); but
-Manichæism did not originate on Christian ground (Harnack,
-'Manichæism,' in _Encyclopædia Britannica_, xv. 485; _supra_,
-ii. 312).]
-
-[Footnote 110: Le Grand d'Aussy, _Histoire de la vie privée des
-François_, i. 394 _sq._]
-
-[Footnote 111: _Supra_, i. 381 _sq._]
-
-[Footnote 112: Helps, _Some Talk about Animals and their
-Masters_, p. 20. _Cf._ Mrs. Jameson, _Common-Place Book of
-Thoughts_, p. 212.]
-
-[Footnote 113: See Gurney, _Views and Practices of the Society of
-Friends_, p. 392 _sq._ n. 8; Richmond, 'Sermon on the Sin of
-Cruelty to the Brute Creation,' in _Methodist Magazine_ (London),
-xxx. 490 _sqq._; Chalmers, 'Cruelty to Animals,' in _Methodist
-Magazine_ (New York), ix. 259 _sqq._]
-
-[Footnote 114: See de la Roche-Fontenelles, _L'Église et la pitié
-envers animaux_, _passim_.]
-
-[Footnote 115: Rickaby, _Moral Philosophy_, p. 248 _sqq._ See
-also Addis and Arnold, _Catholic Dictionary_, p. 33; Clarke,
-'Cruelty to Animals,' in _The Month and Catholic Review_, xxv.
-401 _sqq._; Hedley, 'Dr. Mivart on Faith and Science,' in _Dublin
-Review_, ser. iii. vol. xviii. 418.]
-
-[Footnote 116: Clarke, in _The Month and Catholic Review_,
-xxv. 406.]
-
-[Footnote 117: Cobbe, _Modern Rack_, p. 6.]
-
-It is not only theological moralists that maintain that animals
-can have no rights and that abstinence from wanton cruelty is a
-duty not to the animal but to man. This view has been shared by
-Kant[118] and by many later philosophers.[119] So also the legal
-protection of animals has often been vindicated merely on the
-ground that cruelty to animals might breed cruelty to men or
-shows a cruel disposition of mind,[120] or that it wounds the
-sensibilities of other people.[121] In 'Parliamentary History and
-Review' for 1825-1826 it is stated that no reason can be
-assigned for the interference of the legislator in the protection
-of animals unless their protection be connected, either directly
-or remotely, with some advantage to man.[122] The Bill for the
-abolition of bear-baiting and other cruel practices was expressly
-propounded on the ground that nothing was more conducive to crime
-than such sports, that they led the lower orders to gambling,
-that they educated them for thieves, that they gradually trained
-them up to bloodshed and murder.[123] The criminal code of the
-German Empire, again, imposes a fine upon any person "who
-spitefully tortures or cruelly ill-treats beasts, {509} either
-publicly or in a manner to create scandal"[124]--in other words,
-he is punished, not because he puts the animal to pain, but
-because his conduct is offensive to his fellow men.
-
-[Footnote 118: Kant, _Metaphysische Anfangungsgründe der
-Tugendlehre_, § 16 _sq._, pp. 106, 108.]
-
-[Footnote 119: _E.g._, Alexander, _Moral Order and Progress_,
-p. 281; Ritchie, _Natural Rights_, p. 110 _sq._]
-
-[Footnote 120: Hommel, quoted by von Hippel, _Die Thielquälerei
-in der Strafgesetzgebung_, p. 110. Tissot, _Le droit pénal_, i.
-17. Lasson, _System der Rechtsphilosophie_, p. 548
-_sq._]
-
-[Footnote 121: Lasson, _op. cit._ p. 548. von Hippel, _op. cit._
-p. 125.]
-
-[Footnote 122: _Parliamentary History and Review_, 1825-6, p. 761.]
-
-[Footnote 123: _Ibid._ p. 546.]
-
-[Footnote 124: _Strafgesetzbuch_, § 360 (13).]
-
-Indifference to animal suffering has been a characteristic of
-public opinion in European countries up to quite modern times.
-Only a little more than a hundred years ago Thomas Young declared
-in his 'Essay on Humanity to Animals' that he was sensible of
-laying himself open to no small portion of ridicule in offering
-to the public a book on such a subject.[125] Till the end of the
-eighteenth century and even later cock-fighting was a very
-general amusement among the English and Scotch, entering into the
-occupations of both the old and young. Travellers agreed with
-coachmen that they were to wait a night if there was a cock-fight
-in any town through which they passed. Schools had their
-cock-fights; on Shrove Tuesday every youth took to the village
-schoolroom a cock reared for his special use, and the
-schoolmaster presided at the conflict.[126] Those who felt that
-the practice required some excuse found it in the idea that the
-race was to suffer this annual barbarity by way of punishment for
-St. Peter's crime;[127] but the number of people who had any
-scruples about the game cannot have been great considering that
-even such a strong advocate of humanity to animals as Lawrence
-had no decided antipathy to it.[128] Other pastimes indulged in
-were dog-fighting, bull-baiting and badger-baiting; and in the
-middle of the eighteenth century the bear-garden was described by
-Lord Kames as one of the chief entertainments of the English,
-though it was held in abhorrence by the French and "other polite
-nations," being too savage an amusement to be relished {510} by
-those of a refined taste.[129] As late as 1824 Sir Robert (then
-Mr.) Peel argued strongly against the legal prohibition of
-bull-baiting.[130]
-
-[Footnote 125: Young, _Essay on Humanity to Animals_, p. 1.]
-
-[Footnote 126: Roberts, _Social History of the People of the
-Southern Counties of England_, p. 421 _sqq._ Rogers, _Social Life
-in Scotland_, ii. 340. In 1856, when Roberts wrote his book,
-cock-penance was still paid in some English grammar schools to
-the master as a perquisite on Shrove Tuesday (Roberts, p. 423).]
-
-[Footnote 127: Roberts, _op. cit._ p. 422.]
-
-[Footnote 128: Lawrence, _Philosophical and Practical Treatise on
-Horses_, ii. 12.]
-
-[Footnote 129: Kames, _Essays on the Principles of Morality_, p. 7.]
-
-[Footnote 130: Hansard, _Parliamentary Debates_, New Series,
-x. 491 _sqq._]
-
-About two years previously, however, humanity to animals had, for
-the first time, become a subject of English legislation by the
-Act which prevented cruel and improper treatment of cattle.[131]
-This Act was afterwards followed by others which prohibited
-bear-baiting, cock-fighting, and similar pastimes, as also
-cruelty to domestic animals in general. In 1876 vivisection for
-medical or scientific purposes was subjected to a variety of
-restrictions, and since 1900 cases of ill-treatment of wild
-animals in captivity may be dealt with under the Wild Animals in
-Captivity Protection Act.[132] On the Continent cruelty to
-animals was first prohibited by criminal law in Saxony, in
-1838,[133] and subsequently in most other European states. But in
-the South of Europe there are still countries in which the law is
-entirely silent on the subject.[134]
-
-[Footnote 131: _Statutes of Great Britain and Ireland_, lxii. 403
-_sqq._]
-
-[Footnote 132: Stephen, _New Commentaries on the Laws of England_,
-iv. 213 _sqq._]
-
-[Footnote 133: von Hippel, _op. cit._ p. 1.]
-
-[Footnote 134: _Ibid._ p. 90 _sq._]
-
-Whatever be the professed motives of legislators for preventing
-cruelty to animals, there can be no doubt that the laws against
-it are chiefly due to a keener and more generally felt sympathy
-with their sufferings. The actual feelings of men have commonly
-been somewhat more tender than the theories of law, philosophy,
-and religion. The anthropocentric exclusiveness of Christianity
-was from ancient times to some extent counterbalanced by popular
-sentiments and beliefs. In the folk-tales of Europe man is not
-placed in an isolated and unique position in the universe. He
-lives in intimate and friendly intercourse with the animals round
-him, attributes to them human qualities, and regards them with
-mercy.[135] Tender feelings towards the brute creation are also
-displayed in many legends of saints.[136] St. Francis of Assisi
-{511} talked with the birds and called them "brother birds" or
-"little sister swallows," and was seen employed in removing worms
-from the road that they might not be trampled by travellers.[137]
-John Moschus speaks of a certain abbot who early in the morning
-not only used to give food to all the dogs in the monastery, but
-would bring corn to the ants and to the birds on the roof.[138]
-In the 'Revelations of St. Bridget' we read, "Let a man fear,
-above all, me, his God, and so much the gentler will he become
-towards my creatures and animals, on whom, on account of me,
-their Creator, he ought to have compassion."[139] Many kind words
-about animals have come from poets and thinkers. Montaigne says
-that he has never been able to see without affliction an innocent
-beast, which is without defence and from which we receive no
-offence, pursued and killed.[140] Shakespeare points out that
-"the poor beetle that we tread upon, in corporal sufferance finds
-a pang as great as when a giant dies."[141] Mandeville thinks
-that if it was not for that tyranny which custom usurps over us,
-no men of any tolerable good-nature could ever be reconciled to
-the killing of so many animals for their daily food, as long as
-the bountiful earth so plentifully provides them with varieties
-of vegetable dainties.[142] Towards the end of the eighteenth
-century Bentham wrote:--"Men must be permitted to kill animals;
-but they should be forbidden to torment them. Artificial death
-may be rendered less painful than natural death by simple
-processes, well worth the trouble of being studied, and of
-becoming an object of police. Why should the law refuse its
-protection to any sensitive being? A time will come when humanity
-will spread its mantle over everything that breathes. The lot of
-slaves has begun to {512} excite pity; we shall end by softening
-the lot of the animals which labour for us and supply our
-wants."[143] Some years later Thomas Young pronounced hunting,
-shooting, and fishing for sport to be "unlawful, cruel, and
-sinful."[144] And in the course of the nineteenth century
-humanity to animals, from being conspicuous in a few individuals
-only, became the keynote of a movement gradually increasing in
-strength. Humanitarians, says Mr. Salt, "insist that the
-difference between human and non-human is one of degree only and
-not of kind, and that we owe duties, the same in kind though not
-in degree, to all our sentient fellow-beings."[145] Some people
-maintain that it is wrong to kill animals for food or in sport;
-but the most vigorous attacks concerning the treatment of the
-brute creation are at present directed against the practice of
-vivisection. The claim is made that this practice should be, not
-merely restricted, but entirely prohibited by law. And while the
-antivivisectionists generally endeavour to deny or minimise the
-scientific importance of experiments on living animals, their cry
-for the abolition of such experiments is mainly based on the
-argument that humanity at large has no right to purchase relief
-from its own suffering by torturing helpless brutes.
-
-[Footnote 135: _Supra_, i. 259. Schwarz, _Prähistorisch-anthropologische
-Studien_, p. 203.]
-
-[Footnote 136: Lecky, _History of European Morals_, ii. 168
-_sqq._ Joyce, _Social History of Ancient Ireland_, ii. 517 _sq._]
-
-[Footnote 137: Sabatier, _Life of St. Francis of Assisi_, p. 176
-_sq._ Digby, _Mores Catholici_, ii. 291.]
-
-[Footnote 138: Moschus, _Pratum spirituale_, 184 (Migne,
-_Patrologiæ cursus_, Ser. Græca, lxxxvii. 3056).]
-
-[Footnote 139: St. Bridget, quoted by Helps, _op. cit._ p. 124.]
-
-[Footnote 140: Montaigne, _Essais_, ii. 11.]
-
-[Footnote 141: Shakespeare, _Measure for Measure_, iii. 1.]
-
-[Footnote 142: Mandeville, _Fable of the Bees_, p. 187.]
-
-[Footnote 143: Bentham, _Theory of Legislation_, p. 428 _sq._]
-
-[Footnote 144: Young, _op. cit._ p. 75 _sq._]
-
-[Footnote 145: Salt, _Animals' Rights_, p. v.]
-
-This rapidly increasing sympathy with animal suffering is no
-doubt to a considerable extent due to the decline of the
-anthropocentric doctrine and the influence of another theory,
-which regards man, not as an image of the deity separated from
-the lower animals by a special act of creation, but as a being
-generally akin to them, and only representing a higher stage in
-the scale of mental evolution. Through this doctrine the orthodox
-contempt for dumb creatures was succeeded by feelings of affinity
-and kindly interest. But apart from any theory as regards human
-origins, growing reflection has also taught men to be more
-considerate in their treatment of animals by producing a more
-vivid idea of their sufferings. Human thoughtlessness {513} has
-been responsible for much needless pain to which they have been
-made subject. In spite of some improvement it is so still;
-whilst, at the same time, the movement advocating greater
-humanity to animals is itself not altogether free from
-inconsistencies and a certain lack of discrimination.
-
-It has been observed that the Neapolitan would not act so cruelly
-as he does to almost all animals except the cat if he could bring
-himself to conceive their capacity for joy and pain.[146] So also
-we ourselves should often behave differently if we realised the
-tortures we thoughtlessly cause to creatures whose sufferings
-escape our notice from want of obvious outward expression. While
-the practice of whipping young pigs to death to make them tender,
-which occurred in England not much more than a century ago,[147]
-would nowadays be regarded with general horror, cruelties
-inflicted for gastronomic purposes upon creatures of a lower type
-are little thought of. Cray-fish, oysters, and fish in general,
-as Mandeville observed, excite hardly any compassion at all,
-because "they express themselves unintelligibly to us; they are
-mute, and their inward formation, as well as outward figure,
-vastly different from ours."[148] On the other hand, even
-passionate sportsmen describe the hunting of monkeys as repulsive
-on account of their resemblance to man; Rajah Brooke thought it
-almost barbarous to kill an orang-utan, unless for the sake of
-scientific research.[149] Buddhism itself declares that "he who
-takes away the life of a large animal will have greater demerit
-than he who takes away the life of a small one. . . . The crime
-is not great when an ant is killed; its magnitude increases in
-this progression--a lizard, a guana, a hare, a deer, a bull, a
-horse, and an elephant."[150] How little the feelings which
-underlie men's opinions concerning conduct {514} towards the
-lower animals are influenced by reflection is also apparent in
-the present crusade against vivisection, when compared with the
-public indifference to the sufferings inflicted on wild animals
-in sport. The vivisector who in cold blood torments his helpless
-victim in the interest of science and for the benefit of mankind
-is called a coward, and is a much more common object of hatred
-than the sportsman who causes agonies to the creature he pursues
-for sheer amusement. The pursued animal, it is argued, has "free
-chances of escape."[151] This is an excellent argument--provided
-we share the North American Indian's conviction that an animal
-can never be killed without its own permission.
-
-[Footnote 146: 'Cruelty to Animals in Naples,' in _Saturday
-Review_, lix. 854.]
-
-[Footnote 147: _The World_, 1756, nr. 190, p. 1142. Young, _op.
-cit._ p. 129.]
-
-[Footnote 148: Mandeville, _op. cit._ p. 187.]
-
-[Footnote 149: Brooke, _Ten Years in Saráwak_, i. 100. _Cf._
-Rengger, _Naturgeschichte in der Säugethiere von Paraguay_, p. 26.]
-
-[Footnote 150: Hardy, _Manual of Budhism_, pp. 478, 480.]
-
-[Footnote 151: Cobbe, _op. cit._ p. 10.]
-
-At present there is among ourselves no topic of moral concern
-which presents a greater variety of opinion than the question how
-far the happiness of the lower animals may be justly sacrificed
-for the benefit of man. The extreme views on this subject might,
-no doubt, be somewhat modified, on the one hand by a more vivid
-representation of animal suffering, on the other hand by the
-recognition of certain facts, often overlooked, which make it
-unreasonable to regard conduct towards dumb creatures in exactly
-the same light as conduct towards men. It should especially be
-remembered that the former have none of those long-protracted
-anticipations of future misery or death which we have.[152] If
-they are destined to serve as meat they are not aware of it;
-whereas many domestic animals would never have come into
-existence, and been able to enjoy what appears a very happy life,
-but for the purpose of being used as food. But though greater
-intellectual discrimination may somewhat lessen the divergencies
-of moral opinion on the subject, nothing like unanimity can be
-expected, for the simple reason that moral judgments are
-ultimately based upon emotions, and sympathy with the animal
-world is a feeling which varies extremely in different individuals.
-
-[Footnote 152: _Cf._ Bentham, _Introduction to the Principles of
-Morals and Legislation_, p. 311, n.]
-
-
-
-
-CHAPTER XLV
-
-REGARD FOR THE DEAD
-
-
-MORALITY takes notice not only of men's conduct towards the
-living but of their conduct towards the dead.
-
-There is a general tendency in the human mind to assume that what
-has existed still exists and will exist. When a person dies it is
-difficult for those around him to conceive that he is really
-dead, and when the cold motionless body bears sad testimony to
-the change which has taken place, there is a natural inclination
-to believe that the soul has only changed its abode. In the
-savage the tendency to assume the continued existence of the soul
-after death is strongly supported by dreams and visions of his
-deceased friends. What else could these mean but visits of their
-souls?
-
-There are, it is true, some savages who are reported to believe
-in the annihilation of the soul at the moment of death, or to
-have no notion whatever of a future state.[1] But the accuracy of
-these statements is hardly beyond suspicion. We sometimes hear
-that the very people who are said to deny any belief in an
-after-life are afraid of ghosts.[2] A native of Madagascar will
-almost in the same {516} breath declare that when he dies he
-ceases altogether to exist and yet confess the fact that he is in
-the habit of praying to his dead ancestors.[3] Of the Masai in
-Eastern Africa some writers state that they believe in
-annihilation,[4] others that they attribute a future existence to
-their chiefs, medicine men, or influential people.[5] The ideas
-on this subject are often exceedingly vague, and inconsistencies
-are only to be expected.
-
-[Footnote 1: Powers, _Tribes of California_, p. 348 _sq._
-(Miwok). Brinton, _Myths of the New World_, p. 233 _sq._ (some
-Oregon Indians). Lumholtz, _Among Cannibals_, p. 101 (natives of
-the Herbert River, Northern Queensland). Martin, _Reisen in den
-Molukken_, p. 155 (Alfura). Worcester, _Philippine Islands_, p.
-412 (Mangyans). Colquhoun, _Amongst the Shans_, p. 76 (Lethtas).
-Dalton, _Ethnology of Bengal_, p. 257 (Oráons). Petherick,
-_Travels in Central Africa_, i. 321 (Nouaer tribes). Du Chaillu,
-_Explorations in Equatorial Africa_, p. 385.]
-
-[Footnote 2: New, _Life in Eastern Africa_, p. 105.]
-
-[Footnote 3: Ellis, _History of Madagascar_, 393.]
-
-[Footnote 4: Thomson, _Through Masai Land_, p. 259. Hinde, _The
-Last of the Masai_, p. 99.]
-
-[Footnote 5: Johnston, _Uganda_, ii. 832. Hollis, _Masai_, pp.
-304, 305, 307. Eliot, _ibid._ p. xx.]
-
-The disembodied soul is commonly supposed to have the shape of a
-small unsubstantial human image, and to be in its nature a sort
-of vapour, film, or shadow.[6] It is believed to have the same
-bodily wants and to possess the same mental capacities as its
-owner possessed during his lifetime. It is not regarded as
-invulnerable or immortal--it may be hurt and killed. It feels
-hunger and thirst, heat and cold. It can see and hear and think,
-it has human passions and a human will, and it has the power to
-influence the living for evil or for good. These notions as
-regards the disembodied soul determine the relations between the
-living and the dead.
-
-[Footnote 6: Tylor, _Primitive Culture_, i. 429.]
-
-The dead are supposed to have rights very similar to those they
-had whilst alive. The soul must not be killed or injured. The
-South Australian Dieyerie, for instance, show great reverence for
-certain trees, which are believed to be their fathers
-transformed; they will not cut them down and protest against the
-settlers doing so.[7] So also some of the Philippine Islanders
-maintain that the souls of their forefathers are in trees, which
-they therefore spare.[8] The North American Powhatans refrained
-from doing harm to some small wood-birds, which were supposed to
-receive the souls of their chiefs.[9] In Lifu, {517} when a
-father was about to die, surrounded by members of his family, he
-might say what animal he would be, for instance a butterfly or
-some kind of bird, and that creature would be sacred to his
-family, who would neither injure nor kill it.[10] The Rejangs of
-Sumatra imagine that tigers in general contain the spirits of
-departed men, and "no consideration will prevail on a countryman
-to catch or to wound one, but in self-defence, or immediately
-after the act of destroying a friend or relation."[11] Among
-other peoples monkeys, crocodiles, or snakes, being thought men
-in metempsychosis, are held sacred and must not be hurt.[12] Some
-Congo Negroes, again, abstain for a whole year after a death from
-sweeping the house, lest the dust should injure the delicate
-substance of the ghost.[13] In China, for seven days after a
-man's death his widow and children avoid the use of knives and
-needles, and even of chopsticks, eating their food with their
-fingers, so as not to wound the ghost.[14] And to this day it
-remains a German peasants' belief that it is wrong to slam a
-door, lest one should pinch a soul in it.[15]
-
-[Footnote 7: Gason, 'Dieyerie Tribe,' in Woods' _Native Tribes of
-South Australia_, p. 280.]
-
-[Footnote 8: Blumentritt, 'Der Ahnencultus der Malaien des
-Philippinen-Archipels,' in _Mittheil. d. kais. u. kön. Geograph.
-Gesellsch. in Wien_, xxv. 164 _sqq._]
-
-[Footnote 9: Brinton, _Myths of the New World_, p. 102.]
-
-[Footnote 10: Codrington, quoted by Tylor, 'Remarks on Totemism,'
-in _Jour. Anthr. Inst._ xxviii. 147.]
-
-[Footnote 11: Marsden, _History of Sumatra_, p. 292. The same
-belief prevails among the natives of the Malay Peninsula
-(Newbold, _British Settlements in the Straits of Malacca_, ii. 192).]
-
-[Footnote 12: Meiners, _Geschichte der Religionen_, i. 212.
-Tylor, _Primitive Culture_, ii. 8.]
-
-[Footnote 13: Bastian, _Der Mensch in der Geschichte_, ii. 323.]
-
-[Footnote 14: Gray, _China_, i. 288.]
-
-[Footnote 15: Wuttke, _Der deutsche Volksaberglaube der
-Gegenwart_, § 609, p. 396 _sq._]
-
-But the survivors must not only avoid doing anything which might
-hurt the soul, they must also positively contribute to its
-comfort and subsistence. They often provide it with a dwelling,
-either burying the deceased in his own house, or erecting a tent
-or hut on his grave. Some Australian natives kindle a fire at a
-few yards' distance from the tomb, and repeat this until the soul
-is supposed to have gone somewhere else;[16] others, again, are
-in the habit of wrapping the body up in a rug, professedly for
-the purpose of keeping it warm.[17] In the Saxon district of
-Voigtland people have been known to {518} put into the coffin an
-umbrella and a pair of galoshes.[18] An extremely prevalent
-custom is to place provisions in or upon the grave, and very
-commonly feasts are given for the dead.[19] Weapons, implements,
-and other movables are deposited in the tomb; domestic animals
-are buried or slaughtered at the funeral;[20] and, as we have
-seen before, even human beings are sacrificed to the dead to
-serve them as companions or attendants, or to vivify their
-spirits with their blood, or to gratify their craving for revenge.[21]
-
-[Footnote 16: Roth, _North-West-Central Queensland Aborigines_,
-p. 165.]
-
-[Footnote 17: Fraser, _Aborigines of New South Wales_, p. 79 _sq._]
-
-[Footnote 18: Kohler, _Volksbrauch im Voigtlande_, p. 441.]
-
-[Footnote 19: See Tylor. _op. cit._ ch. xi. _sq._; Spencer,
-_Principles of Sociology_, i. 155 _sqq._, 257 _sqq._; Frazer,
-_Adonis Attis Osiris_, p. 242 _sqq._]
-
-[Footnote 20: See Spencer, _op. cit._ i. 184 _sqq._]
-
-[Footnote 21: _Supra_, i. 472 _sqq._]
-
-The offerings made to the dead may be gifts presented to them by
-the survivors, but the regular funeral sacrifice consists of the
-deceased person's own individual property. Among savages the
-whole, or a large part, of it is often consigned to the grave or
-destroyed.[22] The right of ownership does not cease with death
-where the belief prevails that the dead stand in need of earthly
-chattels. The recognition of this right is also apparent in the
-severe condemnation of robbery or violation committed at a tomb.
-Among various North American tribes such an act was regarded as
-an offence of the first magnitude and provoked cruel revenge.[23]
-Of the Chippewa Indians it is said that however bad a person may
-be or however much inclined to steal, the things left at a grave,
-valuable or not, are never touched, being sacred to the spirit of
-the {519} dead.[24] Among the Maoris "the least violation of any
-portion of the precincts of the dead is accounted the greatest
-crime that a human being can commit, and is visited with the
-direst revenge of a surviving tribe."[25] The laws of Athens[26]
-and Rome[27] and the ancient Teutonic law-books[28] punished with
-great severity the plunder of a corpse or a tomb. In Rome the
-punishment was death if the offence was committed by force,
-otherwise condemnation to the mines.
-
-[Footnote 22: Boas, 'Central Eskimo,' in _Ann. Rep. Bur. Ethn._
-vi. 580. Murdoch, 'Ethn. Results of the Point Barrow Expedition,'
-_ibid._ ix. 424 _sq._ (Point Barrow Eskimo). Powell, _ibid._ iii.
-p. lvii. (North American Indians). Yarrow, 'Mortuary Customs of
-the North American Indians,' _ibid._ i. 98 (Pimas), 100
-(Comanches). McGee, 'Siouan Indians,' _ibid._ xv. 178. Roth, _op.
-cit._ p. 164 (certain Queensland tribes). Colenso, _Maori Races
-of New Zealand_, p. 57. Kolff, _Voyages of the Dourga_, p. 166
-_sq._ (Arru Islanders). Kloss, _In the Andamans and Nicobars_,
-p. 304 (Kar Nicobarese). Batchelor, _Ainu and their Folk-Lore_,
-p. 560 _sq._ Georgi, _Russia_, iv. 152 (Burats). Caillié, _Travels
-through Central Africa_, i. 164 (Bagos). Burrows, _Land of the
-Pigmies_, p. 107 (Monbuttu). Decle, _Three Years in Savage
-Africa_, p. 79 (Barotse). Strabo, xi. 4. 8 (Albanians of the
-Eastern Caucasus). See also Spencer, _Principles of Sociology_,
-i. 185 _sq._; Post, _Entwicklungsgeschichte des Familienrechts_,
-p. 295 _sq._; _Idem_, _Grundriss der ethnologischen
-Jurisprudenz_, ii. 173 _sq._; _infra_, p. 514 _sq._]
-
-[Footnote 23: Sagard, _Voyage du Pays des Hurons_, p. 288. Gibbs,
-'Tribes of Western Washington and North-western Oregon,' in
-_Contributions to North American Ethnology_, i. 204.]
-
-[Footnote 24: Reid, 'Religious Belief of the Ojibois,' in _Jour.
-Anthr. Inst._ iii. 112.]
-
-[Footnote 25: Polack, _Manners and Customs of the New
-Zealanders_, i. 111 _sq._]
-
-[Footnote 26: Cicero, _De legibus_, ii. 26. See also Schmidt,
-_Die Ethik der alten Griechen_, ii. 105 _sq._]
-
-[Footnote 27: _Digesta_, xlvii. 12, 'De sepulchro violato.']
-
-[Footnote 28: Wilda, _Das Strafrecht der Germanen_, p. 975 _sqq._]
-
-Like living men the dead are sensitive to insults and fond of
-praise; hence respect must be shown for their honour and
-self-regarding pride. _De mortuis nil nisi bonum;_ [Greek: ou)
-ga\r e)sthla\ katthanou=si kertomei=n e)p' a)ndra/sin].[29] In
-Greece custom required that at the funeral meal the virtues of
-the deceased should be enumerated and extolled,[30] and calumny
-against a dead person was punished by law.[31] The same was the
-case in ancient Egypt.[32] In Greenland, after the interment, the
-nearest male relative of the dead commemorated in a loud
-plaintive voice all the excellent qualities of the departed.[33]
-Among the Iroquois the near relatives and friends approached the
-body in turn and addressed it in a laudatory speech.[34]
-
-[Footnote 29: Archilochus, _Reliquiæ_, 40.]
-
-[Footnote 30: Schmidt, _Die Ethik der alten Griechen_, ii. 122 _sq._]
-
-[Footnote 31: Rohde, _Psyche_, p. 224.]
-
-[Footnote 32: Diodorus Siculus, i. 92. 5. Erman, _Life in Ancient
-Egypt_, p. 322.]
-
-[Footnote 33: Cranz, _History of Greenland_, i. 218.]
-
-[Footnote 34: Morgan, _League of the Iroquois_, p. 175, n. 2.]
-
-The dead also demand obedience and are anxious that the rules
-they laid down while alive should be followed by the survivors.
-Hence the sacredness which is attached to a will;[35] hence also,
-in a large measure, the rigidity of ancestral custom. The
-greatest dread of the natives of South-Eastern Africa "is to
-offend their ancestors and the only way to avoid this is to do
-everything according to {520} traditional usage."[36] Among the
-Basutos "the anger of the deified generations could not be more
-directly provoked than by a departure from the precepts and
-examples they have left behind them."[37] The E[(w]e-speaking
-peoples of the Slave Coast have a proverb which runs:--"Follow
-the customs of your father. What he did not do, avoid doing, or
-you will harm yourself."[38] Among the Aleuts the old men always
-impress upon the native youth the great importance of strictly
-observing the customs of their forefathers in conducting the
-chase and other matters, as any neglect in this respect would be
-sure to bring upon them disaster and punishment.[39] The
-Kamchadales, says Steller, consider it a sin to do anything which
-is contrary to the precepts of their ancestors.[40] The Papuans
-of the Motu district, in New Guinea, believe that when men and
-women are bad--adulterers, thieves, quarrellers, and the
-like--the spirits of the dead are angry with them.[41] One of the
-most powerful sentiments in the mind of a Chinese is his
-reverence for ancestral custom; and in a large sense Japan also
-is still a country governed by the voices that are hushed.[42]
-The life of the ancient Roman was beset with a society of
-departed kinsmen whose displeasure he provoked if he varied from
-the practice handed down from his fathers. The expression _mos
-majorum_, "the custom of the elders," was used by him as a charm
-against innovation.[43]
-
-[Footnote 35: Ellis, _Polynesian Researches_, iii. 116
-(Tahitians). Shortland, _Traditions and Superstitions of the New
-Zealanders_, p. 257. Sarbah, _Fanti Customary Laws_, p. 82.
-Schmidt, _Die Ethik der alten Griechen_, ii. 124 _sq._]
-
-[Footnote 36: Macdonald, _Light in Africa_, p. 192.]
-
-[Footnote 37: Casalis, _Basutos_, p. 254.]
-
-[Footnote 38: Ellis, _E[(w]e-speaking Peoples of the Slave
-Coast_, p. 263.]
-
-[Footnote 39: Elliott, _Alaska and the Seal Islands_, p. 170.
-Veniaminof, quoted by Petroff, _Report on the Population, &c. of
-Alaska_, p. 156.]
-
-[Footnote 40: Steller, _Beschreibung von Kamtschatka_, p. 274.]
-
-[Footnote 41: Chalmers, _Pioneering in New Guinea_, p. 169.]
-
-[Footnote 42: Griffis, _Religions of Japan_, p. 308. Hozumi,
-_Ancestor-Worship and Japanese Law_, p. 1, &c.]
-
-[Footnote 43: Granger, 'Moral Life of the Early Romans,' in
-_Internal. Jour. of Ethics_, vii. 287. _Idem_, _Worship of the
-Romans_, pp. 65, 66, 138.]
-
-Besides such duties to the dead as are similar in nature to those
-which men owe to their living fellow men or superiors, there are
-obligations of a different character arising from the fact of
-death itself. The funeral, the rites connected with it, and the
-mourning customs are largely regarded as duties to the dead.
-
-{521} The grave is represented as a place where the deceased
-finds his desired rest, and if denied proper burial he is
-believed not only to walk but to suffer. The Iroquois considered
-that unless the rites of burial were performed, the spirits of
-the dead had to wander for a time upon the earth in a state of
-great unhappiness; hence their extreme solicitude to recover the
-bodies of their slain in battle.[44] The Abipones regard it as
-the greatest misfortune for the dead to be left to rot in the
-open air, and they therefore inter even the smallest bone of a
-departed friend.[45] In Ashantee the spirits of those who for
-some reason or other have been deprived of the customary funeral
-rites are doomed, in the imagination of the people, to haunt the
-gloom of the forest, stealing occasionally to their former abodes
-in rare but lingering visits, troubling and bewitching their
-neglectful relatives.[46] The Negroes of Accra believe that
-happiness in a future life depends not only upon courage, power,
-and wealth in this world, but also upon a proper burial.[47] In
-some Australian tribes the souls of those whose bodies have been
-left to lie unburied are supposed to have to prowl on the face of
-the earth and about the place of death, with no gratification but
-to harm the living;[48] or there is said to be no future
-existence for them, as their bodies will be devoured by crows and
-native dogs.[49] Among the Bataks of Sumatra nothing is
-considered to be a greater disgrace to a person than to be denied
-a grave; for by not being held worthy of burial he is declared to
-be spiritually dead.[50] The Samoans believed that the souls of
-unburied friends, for instance such as had been drowned or had
-fallen in war, haunted them everywhere, crying out in a pitiful
-tone, "Oh, how cold! Oh, how cold!"[51] According to Karen ideas
-the {522} spirits of those who die a natural death and are
-decently buried go to a beautiful country and renew their earthly
-life, whereas the ghosts of persons who by accident are left
-uninterred will wander about the earth, occasionally showing
-themselves to mankind.[52] Confucius connected the disposal of
-the dead immediately with the great virtue of submission and
-devotion to superiors.[53] No act is in China recognised more
-worthy a virtuous man than that of interring stray bones and
-covering up exposed coffins,[54] and to bury a person who is
-without friends is considered to be as great a merit as to save
-life.[55] It is also held highly important to provide the proper
-place for a grave; the Taouists maintain that "if a coffin be
-interred in an improper spot, the spirit of the dead is made
-unhappy, and avenges itself by causing sickness and other
-calamities to the relatives who have not taken sufficient care
-for its repose."[56] The ancient Chaldeans believed that the
-spirits of the unburied dead, having neither place of repose nor
-means of subsistence, wandered through the town and country,
-occupied with no other thought than that of attacking and robbing
-the living.[57] In classical antiquity it was the most sacred of
-duties to give the body its funeral rites,[58] and the Greeks
-referred the right of sepulture to the gods as its authors.[59]
-
-[Footnote 44: Morgan, _League of the Iroquois_, p. 175.]
-
-[Footnote 45: Dobrizhoffer, _Account of the Abipones_, ii. 284.]
-
-[Footnote 46: Bowdich, _Mission to Ashantee_, p. 262 _sq._]
-
-[Footnote 47: Monrad, _Skildring af Guinea-Kysten_, p. 4.]
-
-[Footnote 48: Oldfield, 'Aborigines of Australia,' in _Trans.
-Ethn. Soc._ N.S. iii. 228, 236 _sq._]
-
-[Footnote 49: Chauncy, in Brough Smyth, _Aborigines of Victoria_,
-ii. 280.]
-
-[Footnote 50: Buning, in _Glimpses of the Eastern Archipelago_,
-p. 75.]
-
-[Footnote 51: Turner, _Nineteen Years in Polynesia_, p. 233.
-Hood, _Cruise in H.M.S. "Fawn" in the Western Pacific_, p. 142.]
-
-[Footnote 52: Cross, quoted by Mac Mahon, _Far Cathay_, p. 202
-_sq._ Mason, 'Religion, &c. among the Karens,' in _Jour. Asiatic
-Soc. Bengal_, xxxiv. pt. ii. 203.]
-
-[Footnote 53: de Groot, _Religious System of China_, (vol. ii.
-book) i. 659.]
-
-[Footnote 54: Giles, _Strange Stories from a Chinese Studio_, ii.
-147, n. 11.]
-
-[Footnote 55: _Indo-Chinese Gleaner_, iii. 161.]
-
-[Footnote 56: Legge, _Religions of China_, p. 200.]
-
-[Footnote 57: Maspero, _Dawn of Civilization_, p. 689. Jeremias,
-_Die babylonisch-assyrischen Vorstellungen vom Leben nach dem
-Tode_, p. 54 _sqq._ Halévy, _Mélanges de critique et d'histoire
-relatifs aux peuples sémitiques_, p. 368.]
-
-[Footnote 58: See Schmidt, _Die Ethik der alten Griechen_, ii. 97
-_sqq._; Granger, _Worship of the Romans_, p. 37 _sqq._; Aust,
-_Die Religion der Römer_, p. 226 _sq._]
-
-[Footnote 59: Sophocles, _Antigone_, 454 _sq._ Euripides,
-_Supplices_, 563.]
-
-So also among peoples who practise cremation the dead themselves
-are considered to be benefited by being burned. The Nâyars of
-Malabar are of opinion that no time should be lost in setting
-about the funeral, as the disposal of a corpse either by
-cremation or burial as soon {523} as possible after death is
-conducive to the happiness of the spirit of the departed; they
-say that "the collection and careful disposal of the ashes of the
-dead gives peace to his spirit."[60] The Thlinkets maintain that
-those whose bodies are burned will be warm and comfortable in the
-other world, whereas others will have to suffer from cold. "Burn
-my body! Burn me!" pleaded a dying Thlinket; "I fear the cold.
-Why should I go shivering through all the ages and the distances
-of the next world?"[61] The ancient Persians, on the other hand,
-considered both cremation and burial to be sins for which there
-was no atonement, and exposed their dead on the summits of
-mountains, thinking it a great misfortune if neither birds nor
-beasts devoured their carcases.[62] So also the Samoyedes and
-Mongols held it to be good for the deceased if his corpse was
-soon devoured by beasts,[63] and the Kamchadales regarded it as a
-great blessing to be eaten by a beautiful dog.[64] The East
-African Masai, who likewise, as a rule, expose their dead to the
-wild beasts, say that if the corpse is eaten by the hyænas the
-first night, the deceased must have been a good man, as the
-hyænas are supposed to act by the command of 'Ng ais, or God.[65]
-
-[Footnote 60: Fawcett, 'Nâyars of Malabar,' in the Madras
-Government Museum's _Bulletin_, iii. 245, 251.]
-
-[Footnote 61: Dall, _Alaska_, p. 423. Petroff, _op. cit._ p. 175.
-McNair Wright, _Among the Alaskans_, p. 333.]
-
-[Footnote 62: _Vendîdâd_, i. 13, 17; vi. 45 _sqq._; viii. 10.
-Darmesteter, in _Sacred Books of the East_, iv. p. lxxv. _sqq._
-Agathias, _Historiæ_, ii. 22 _sq._ (Migne, _Patrologiæ cursus_,
-Ser. Graeca, lxxxviii. 1377). Herodotus, i. 140; iii.
-16.]
-
-[Footnote 63: Preuss, _Die Begräbnisarten der Amerikaner und
-Nordostasiaten_, p. 272. _Cf._ Yarrow, in _Ann. Rep. Bur. Ethn._
-i. 103 (Caddoes or Timber Indians).]
-
-[Footnote 64: Steller, _op. cit._ p. 273.]
-
-[Footnote 65: Merker, _Die Masai_, p. 193.]
-
-Certain ceremonies are professedly performed for the purpose of
-preventing evil spirits from doing harm to the dead.[66] This is
-sometimes the case with cremation; we are told that among some
-Siberian peoples the dead are burned so as to be "effectually
-removed from the machinations of spirits."[67] The Teleutes
-believe that the {524} spirits of the earth do much mischief to
-the departed; hence their shamans drive them off at the funeral
-by striking the air several times with an axe.[68] In Christian
-countries the passing-bell has likewise been supposed to repel
-evil spirits.[69]
-
-[Footnote 66: See Frazer, 'Certain Burial Customs as illustrative
-of the Primitive Theory of the Soul,' in _Jour. Anthr. Inst._ xv.
-87 _sq._; Hertz, 'La représentation collective de la mort,' in
-_L'année sociologique_, x., 1905-1906, p. 56 _sq._]
-
-[Footnote 67: Georgi, _op. cit._ iii. 264.]
-
-[Footnote 68: Georgi, _op. cit._ iii. 264.]
-
-[Footnote 69: Frazer, in _Jour. Anthr. Inst._ xv. 87.]
-
-Fasting after a death is regarded as a dutiful tribute to the
-dead; the Chinese say that it is "a means of raising the mind up
-to the soul, a means to enable the sacrificer to perform in a
-more perfect way the acts of worship incumbent upon him, by
-bringing about a closer contact between himself and the
-soul."[70] The self-mutilations performed by the relatives of the
-dead are supposed to be pleasing to him as tokens of
-affliction;[71] and the same is of course the case with the
-lamentations at funerals. In some Central Australian tribes the
-custom of painting the body of a mourner is said to have as its
-object "to render him or her more conspicuous, and so to allow
-the spirit to see that it is being properly mourned for."[72] The
-mourning dress is a sign of regard for the dead. Nay, even the
-custom of not mentioning his name is looked upon in the same
-light. Some peoples maintain that to name him would be to disturb
-his rest,[73] or that he would take it as an indication that his
-relatives are not properly mourning for him, and would feel it as
-an insult.[74]
-
-[Footnote 70: de Groot, _op. cit._ (vol. ii. book) i. 657.]
-
-[Footnote 71: Dorman, _Origin of Primitive Superstitions_, p. 216
-_sqq._]
-
-[Footnote 72: Spencer and Gillen, _Native Tribes of Central
-Australia_, p. 511.]
-
-[Footnote 73: Nansen, _Eskimo Life_, p. 233 (Greenlanders). Tout,
-'Ethnology of the Stlatlumh of British Columbia,' in _Jour.
-Anthr. Inst._ xxxv. 138. Georgi, _op. cit._ iii. 27 (Samoyedes).]
-
-[Footnote 74: Spencer and Gillen, _Native Tribes of Central
-Australia_, p. 498.]
-
-As the duties to the living, so the duties to the dead are
-greatly influenced by the relationship between the parties.
-Everywhere the obligation to satisfy the wants of the deceased is
-incumbent upon those who were nearest to him whilst alive. In the
-archaic State, as we have seen, it is considered the greatest
-misfortune which can befall a person to die without descendants,
-since in such a case there would be nobody to attend to his
-soul.[75] Confucius {525} said, "For a man to sacrifice to a
-spirit which does not belong to him is flattery."[76] The
-distinction between a tribesman or fellow countryman and a
-stranger also applies to the dead. In Greenland a stranger
-without relatives or friends was generally suffered to lie
-unburied.[77] Among North American Indians it is permitted to
-scalp warriors of a hostile tribe, whereas "there is no example
-of an Indian having taken the scalp of a man of his own tribe, or
-of one belonging to a nation in alliance with his own, and whom
-he may have killed in a quarrel or a fit of anger";[78] and an
-Indian who would never think of desecrating the grave of a
-tribesman may have "no such scruple in regard to the graves of
-another tribe."[79] Yet already from early times we hear of the
-recognition of certain duties even to strangers and enemies. The
-Greeks of the post-Homeric age made it a rule to deliver up a
-slain enemy so that he should receive the proper funeral
-rites.[80] It was considered a disgraceful act of Lysander not to
-accord burial to Philocles, the Athenian general at Aegospotami,
-together with about four thousand prisoners whom he put to the
-sword;[81] and the Athenians themselves boasted that their
-ancestors had with their own hands buried the Persians who had
-fallen in the battle of Marathon, holding it to be "a sacred and
-imperative duty to cover with earth a human corpse."[82]
-According to the Chinese penal code, "destroying, mutilating, or
-throwing into the water the unenclosed and unburied corpse of a
-stranger," though a much less serious crime than the same injury
-inflicted upon the corpse of a relative, is yet an offence
-punishable with 100 blows, and perpetual banishment to the
-distance of 3,000 _lee_.[83]
-
-[Footnote 75: _Supra_, ii. 400 _sqq._]
-
-[Footnote 76: _Lun Yü_, ii. 24. 1.]
-
-[Footnote 77: Cranz, _op. cit._ i. 218.]
-
-[Footnote 78: Domenech, _Seven Years' Residence in the Great
-Deserts of North America_, ii. 357.]
-
-[Footnote 79: Dodge, _Our Wild Indians_, p. 162.]
-
-[Footnote 80: Schmidt, _Die Ethik der alten Griechen_, ii. 100
-_sqq._ Rohde, _op. cit._ p. 200 _sq._]
-
-[Footnote 81: Pausanias, ix. 32. 9.]
-
-[Footnote 82: _Ibid._ i. 32. 5; ix. 32. 9.]
-
-[Footnote 83: _Ta Tsing Leu Lee_, sec. cclxxvi. p. 295.]
-
-The duties to the dead also vary according to the age, {526} sex,
-and social position of the departed. Among the natives of
-Australia children and women are interred with but scant
-ceremony.[84] In the tribes of North-West-Central Queensland
-nobody paints his body in mourning for a young child.[85] In
-Eastern Central Africa the spirit of a child which dies when
-about four or five days of age gets nothing of the attention
-usually bestowed on the dead.[86] Among the Wadshagga married
-persons are buried in their huts, whilst the bodies of unmarried
-ones and especially children are put in some hidden place, where
-they are left to rot or be devoured by beasts.[87] Some Siberian
-tribes were formerly accustomed to inhume adults only, whereas
-the corpses of children were exposed on trees.[88] The natives of
-Port Jackson, in New South Wales, consigned their young people to
-the grave, but burned those who had passed middle age.[89] The
-Kondayamkottai Maravars, a Dravidian tribe of Tinnevelly in
-Southern India, bury the corpses of unmarried persons, whilst
-those of married ones are cremated.[90] In some other tribes in
-India burial is practised in the case of young children only,[91]
-and this has long been a rule of Brahmanism.[92] Among the
-Andaman Islanders, again, infants are buried within the
-encampment, whereas all other dead are carried to some distant
-and secluded spot in the jungle.[93] We meet with a kindred
-custom in the neighbourhood of Victoria Nyanza in Central Africa:
-in Karagwe and Nkole "children are buried in the huts themselves,
-grown-up people outside, generally in cultivated fields, or in
-such as are going to be cultivated."[94] The bodies of women are
-sometimes disposed of in a {527} different way from those of men.
-Thus among the Blackfeet Indians the latter were fastened in the
-branches of trees so high as to be beyond the reach of wolves,
-and then left to waste in the dry winds; whilst the body of a
-woman or child was thrown into the underbush or jungle, where it
-soon became the prey of the wild animals.[95] Among the Tuski
-(Chukchi), who cremate or rather boil the bodies of good men,
-women are not usually burned, on account of the scarcity of wood.[96]
-
-[Footnote 84: Curr, _The Australian Race_, i. 89.]
-
-[Footnote 85: Roth, _op. cit._ p. 164.]
-
-[Footnote 86: Macdonald, _Africana_, i. 59.]
-
-[Footnote 87: Volkens, _Der Kilimandscharo_, p. 253.]
-
-[Footnote 88: Georgi, _op. cit._ iii. 31 (Koibales).]
-
-[Footnote 89: Collins, _English Colony of New South Wales_, i. 601.]
-
-[Footnote 90: Fawcett, 'Kondayamkottai Maravars,' in _Jour.
-Anthr. Inst._ xxiii. 64.]
-
-[Footnote 91: Thurston, in the Madras Government Museum's
-_Bulletin_, i. 198 (Kotas). Fawcett, 'Nâyars of Malabar,' _ibid._
-iii. 245.]
-
-[Footnote 92: Hopkins, _Religions of India_, p. 273.]
-
-[Footnote 93: Man, 'Aboriginal Inhabitants of the Andaman
-Islands,' in _Jour. Anthr. Inst._ xii. 144.]
-
-[Footnote 94: Kollmann, _Victoria Nyanza_, p. 63 _sq._]
-
-[Footnote 95: Yarrow, _Introduction to the Study of Mortuary
-Customs among the North American Indians_, p. 67.]
-
-[Footnote 96: Dall, _op. cit._ p. 382.]
-
-Class distinctions likewise influence the disposal of the dead.
-In some American tribes cremation seems to be reserved for
-persons of higher rank.[97] Among the pagans of Obubura Hill
-district in Southern Nigeria "the bodies of ordinary people are
-buried in the bush, sometimes being merely thrown on the ground,
-but those of chiefs and important men and women are buried in
-their huts or in the adjoining verandah."[98] The Masai throw
-away the corpses of ordinary persons to be eaten by hyænas,
-whereas medicine-men and influential people are buried.[99] The
-Nandi do not bury their dead unless they have been very important
-persons.[100] Among the Waganda, when a chief dies, he is buried
-in a wooden coffin, whilst the bodies of slaves are thrown into
-the jungle.[101] Some other African peoples throw the corpses of
-slaves into a morass or the nearest pool of water.[102] The
-Thlinkets committed them to the tender mercies of the sea.[103]
-Among the Maoris a slave would not be greatly bewailed after
-death, nor have his bones ceremonially scraped.[104] The Roman
-'Law of the Twelve Tables' prohibited the bodies of slaves from
-being embalmed.[105] Moral distinctions, also, are noticeable in
-{528} the treatment of the dead. In some parts of Central America
-the bodies of men of high standing who had committed a crime
-were, like those of the common people, exposed to be devoured by
-wild beasts.[106] Among the Tuski the corpses of bad men were
-simply left to rot.[107] In Greenland the body of a dead
-malefactor was dismembered, and the separate limbs were thrown
-apart.[108] To the same class of facts belong the punishments
-which were inflicted upon the corpses of criminals in classical
-antiquity and formerly in Christian Europe.[109]
-
-[Footnote 97: Preuss, _op. cit._ p. 301.]
-
-[Footnote 98: Partridge, _Cross River Natives_, p. 237.]
-
-[Footnote 99: Hollis, _op. cit._ pp. 304, 305, 307; Eliot,
-_ibid._ p. xx.]
-
-[Footnote 100: Johnston, _Uganda_, ii. 880.]
-
-[Footnote 101: Wilson and Felkin, _Uganda_, i. 188.]
-
-[Footnote 102: Denham and Clapperton, _Travels in Northern and
-Central Africa_, ii. 64 (natives of Kano). Pogge, _Im Reiche des
-Muata Jamwo_, p. 243 (Kalunda).]
-
-[Footnote 103: Holmberg, 'Ethnographische Skizzen über die Völker
-des russischen Amerika,' in _Acta Soc. Scient. Fennicæ_, iv. 323.
-Dall, _op. cit._ pp. 417, 420.]
-
-[Footnote 104: Colenso, _op. cit._ p. 30.]
-
-[Footnote 105: _Lex Duodecim Tabularum_, x. 6.]
-
-[Footnote 106: Preuss, _op. cit._ p. 301.]
-
-[Footnote 107: Dall, _op. cit._ p. 382.]
-
-[Footnote 108: Rink, _Tales and Traditions of the Eskimo_, p. 64.]
-
-[Footnote 109: Ayrault, _Des procez faicts au cadaver_, p. 5
-_sqq._ Trummer, _Vorträge über Tortur, &c._ i. 455 _sqq._
-_Supra_, ii. 254.]
-
-From this survey of facts we shall now pass to a consideration of
-the causes from which the duties to the dead have sprung. In the
-first place, there can be no doubt that these duties to a
-considerable extent are based upon the feeling of sympathetic
-resentment, in the same way as is the case with duties to living
-persons. Death does not entirely extinguish the affection which
-was felt for a person whilst he was alive. The rites and customs
-connected with a death are very largely similar to or identical
-with natural expressions of grief, and in spite of their
-ceremonial character it is impossible to believe that they are
-altogether counterfeit. We are told by trustworthy eye-witnesses
-that, although the self-inflicted pain and the loud lamentations
-which form part of a funeral among the Australian blacks are not
-to be taken as a measure of the grief actually felt, this
-expression of despair "is not all artificial or professional";[110]
-and Mr. Man believes that among the Andaman Islanders "in the
-majority of cases the display of grief is thoroughly
-sincere."[111] But the dead also inspire other feelings than
-sympathy and sorrow, and the duties towards them have
-consequently a complex origin.
-
-[Footnote 110: Fraser, _Aborigines of New South Wales_, p. 44.
-Spencer and Gillen, _Native Tribes of Central Australia_, p. 510
-_sq._]
-
-[Footnote 111: Man, in _Jour. Anthr. Inst._ xii. 145.]
-
-The souls of the dead are not generally supposed to lead a merely
-passive existence. They are conceived as {529} capable of acting
-upon the living, of conferring upon them benefits, or at all
-events of inflicting upon them harm. Death has in some respects
-enhanced their powers. They know what is going on upon earth,
-what those whom they have left behind are doing. Their power of
-acting, also, is greater than that which they possessed when they
-were tied to the flesh. They are raised to a higher sphere of
-influence; magic properties are ascribed even to their corpses.
-Their character may remain on the whole unchanged, and so, too,
-their affection for their surviving friends. Hence they often
-become guardians of their descendants. Among the Amazulu the head
-of each house is worshipped by his children; remembering his
-kindness to them while he was living, they say, "He will still
-treat us in the same way now he is dead."[112] The Herero invoke
-the blessings of their deceased friends or relatives, praying for
-success against their enemies, an abundance of cattle, numerous
-wives, and prosperity in their undertakings.[113] On the West
-African Slave Coast the head of a family, after death, often
-becomes its protector, and is sometimes regarded as the guardian
-of a whole community or village.[114] The Mpongwe teach the child
-"to look up to the parent not only as its earthly protector, but
-as a friend in the spirit-land."[115] The Gournditch-mara in
-Australia believed that "the spirit of the deceased father or
-grandfather occasionally visited the male descendant in dreams,
-and imparted to him charms (songs) against disease or against
-witchcraft."[116] The Veddah of Ceylon invokes the spirits of his
-departed relatives "as sympathetic and kindred, though higher
-powers than man, to direct him to a life pleasing to the gods,
-through which he may gain their protection or favour."[117] The
-Nay[=a]dis of Malabar, on certain ceremonial occasions, offer
-solemn prayers that the souls of the {530} departed may protect
-them from the ravages of wild beasts and snakes.[118] The Vedic
-people called upon the aid of their dead:--"O Fathers, may the
-sky-people grant us life; may we follow the course of the
-living."[119] So also the Zoroastrian Fravashis, who corresponded
-to the Vedic "Fathers," helped their own kindred, borough, town,
-or country.[120] Aeschylus, in his 'Eumenides,' represents
-Orestes as saying, "My father will send me aid from the
-tomb."[121] The Lar Familiaris, the spirit guardian of the Roman
-family, was undoubtedly the spirit of a deceased ancestor.[122]
-The old Slavonians believed that the souls of fathers watched
-over their children and their children's children. In Galicia the
-people still think that their hearths are haunted by the souls of
-the dead, who make themselves useful to the family; and among the
-Czechs, it is a common belief that departed ancestors look after
-the fields and herds of their descendants and assist them in
-hunting and fishing.[123]
-
-[Footnote 112: Callaway, _Religious System of the Amazulu_,
-p. 144 _sq._]
-
-[Footnote 113: Andersson, _Lake Ngami_, p. 222.]
-
-[Footnote 114: Ellis, _E[(w]e-speaking Peoples_, p. 104. See also
-_ibid._ p. 24 (Slave and Gold Coast natives).]
-
-[Footnote 115: Wilson, _Western Africa_, p. 394.]
-
-[Footnote 116: Fison and Howitt, _Kamilaroi and Kurnai_, p. 278.]
-
-[Footnote 117: Nevill, 'Vaeddas of Ceylon,' in _Taprobanian_, i. 194.]
-
-[Footnote 118: Iyer, 'Nay[=a]dis of Malabar,' in the Madras
-Government Museum's _Bulletin_, iv. 72.]
-
-[Footnote 119: _Rig-Veda_, x. 57. 5. _Cf._ Hopkins, _op. cit._
-p. 143 _sq._]
-
-[Footnote 120: _Yasts_, xiii. 66 _sqq._; &c.]
-
-[Footnote 121: Aeschylus, _Eumenides_, 598.]
-
-[Footnote 122: Jevons, in Plutarch's _Romane Questions_, p. xli.
-Rohde, _op. cit._ p. 232.]
-
-[Footnote 123: Ralston, _Songs of the Russian People_, pp. 119,
-121. For other instances of a similar kind see Shooter, _Kafirs
-of Natal_, p. 161; Arbousset and Daumas, _Tour to the North-East
-of the Colony of the Cape of Good Hope_, p. 340 (Bechuanas);
-Casalis, _Basutos_, p. 248; Wilken, _Het animisme bij de volken
-van den Indischen Archipel_, p. 194 _sqq._; Nansen, _Eskimo
-Life_, p. 290 (Greenlanders); Jessen, _Afhandling over de Norske
-Finners og Lappers Hedenske Religion_, p. 27; Friis, _Lappisk
-Mythologi_, p. 115 _sq._; von Düben, _Lappland_, p. 249;
-Abercromby, _Pre- and Proto-historic Finns_, i. 178 (Mordvins);
-von Wlislocki, _Volksglaube der Zigeuner_, p. 43 _sqq._ (Gypsies).]
-
-But the ancestral guardian spirit does not bestow his favours for
-nothing. He must be properly attended to,[124] and if neglected
-he easily becomes positively dangerous to his living relatives.
-The same Africans who invoke the dead in adversity think them
-"capable of wreaking their vengeance on those who do not
-liberally minister to their wants and enjoyments."[125] The
-Chaldeans believed that {531} the departed who otherwise
-carefully watched over the welfare of his children, if abandoned
-and forgotten, avenged himself for their neglect by returning to
-torment them in their homes, by letting sickness attack them, and
-by ruining them with his imprecations.[126] The Vedic poet prays
-to the Fathers, "May ye not injure us for whatever impiety we
-have as men committed."[127] The Fravashis come to the help of
-those only who treat them well, and are "dreadful unto those who
-vex them."[128] In Rome, according to Ovid, once upon a time when
-the great festival of the dead was not observed, and the manes
-failed to receive the customary gifts, the injured spirits
-revenged themselves on the living, and the city "became heated by
-the suburban funeral pyres."[129] So also, according to Slavonic
-beliefs, the dead "might be induced, if proper respect was not
-paid to them, to revenge themselves on their forgetful survivors."[130]
-
-[Footnote 124: Wilken, _op. cit._ p. 194 _sq._ (peoples in the
-Malay Archipelago). Abercromby, _op. cit._ i. 178 (Mordvins).
-Jessen, _op. cit._ p. 27; Friis, _op. cit._ p. 116 _sq._ (Laplanders).]
-
-[Footnote 125: Rowley, _Religion of the Africans_, p. 90.]
-
-[Footnote 126: Halevy, _op. cit._ p. 368.]
-
-[Footnote 127: _Rig-Veda_, x. 15. 6.]
-
-[Footnote 128: _Yasts_, xiii. 31, 42, 51, 70, &c.]
-
-[Footnote 129: Ovid, _Fasti_, ii. 549 _sqq._]
-
-[Footnote 130: Ralston, _op. cit._ p. 335.]
-
-Moreover, we must not conclude that wherever the spirits of
-deceased ancestors are invoked as guardians they are necessarily
-looked upon as essentially benevolent to their descendants.[131]
-Concerning the ancient Babylonians and Assyrians Professor
-Jastrow writes:--"In general the dead were not favorably disposed
-towards the living, and they were inclined to use what power they
-had to work evil rather than for good. In this respect they
-resembled the demons, and it is noticeable that an important
-class of demons was known by the name _ekimmu_, which is one of
-the common terms for the shades of the dead."[132] The Greeks
-were much afraid of their dead, and regarded their "heroes" as
-extremely irritable, in later times as exclusively
-malicious.[133] It appears from Ovid's 'Fasti' that fear was the
-predominant feeling of the Romans with reference to the spirits
-of the departed, who were supposed {532} to wander about by
-night, causing men to pine away or bewitching them into
-madness.[134] Even in China, where the souls of the dead are
-supposed effectually to control the destiny of the living,[135]
-malevolent rather than benevolent inclinations are ascribed to
-them by the popular belief, as appears from the fact that the
-words for "ghost" and "devil" are the same and form a portion of
-the objectionable epithets applied to foreigners.[136] Generally
-speaking, my collection of facts has led me to the conclusion
-that the dead are more commonly regarded as enemies than
-friends,[137] and that Professor Jevons[138] and Mr. Grant
-Allen[139] are mistaken in their assertion that, according to
-early beliefs, the malevolence of the dead is for the most part
-directed against strangers only, whereas they exercise a fatherly
-care over the lives and fortunes of their descendants and fellow
-clansmen.
-
-[Footnote 131: _Cf._ Karsten, _Origin of Worship_, p. 122 _sqq._]
-
-[Footnote 132: Jastrow, _op. cit._ p. 581.]
-
-[Footnote 133: Rohde, _op. cit._ pp. 177 _sqq._, 225 n. 4.
-Schmidt, _Die Ethik der alten Griechen_, ii. 130.]
-
-[Footnote 134: Ovid, _Fasti_, v. 429 _sqq._ Granger, _Worship of
-the Romans_, p. 67.]
-
-[Footnote 135: de Groot, _op. cit._ (vol. v. book) ii. 464.]
-
-[Footnote 136: Dennys, _Folk-Lore of China_, p. 73. See also
-Legge, _Religions of China_, pp. 13, 201.]
-
-[Footnote 137: Dr. Steinmetz (_Ethnol. Studien zur ersten
-Entwicklung der Strafe_, i. 283) has arrived at the same
-conclusion. See also Meiners, _Geschichte der Religionen_, i. 301
-_sqq._; Karsten, _op. cit._ p. 115 _sqq._]
-
-[Footnote 138: Jevons, _Introduction to the History of Religion_,
-p. 53 _sq._]
-
-[Footnote 139: Grant Allen, _Evolution of the Idea of God_,
-p. 347 _sq._]
-
-Thus the Bondeis in East Africa apparently make little difference
-between a devil and a departed ancestor.[140] Among the Fjort of
-Loango the good people who have left this life "are generally
-considered the enemies of mankind."[141] Other Africans maintain
-that the spirits of the dead hover in the air, "watching the
-destiny of friends, haunting houses, killing children, injuring
-cattle, and causing disease and destruction," all being
-malevolent to the living.[142] Of the Savage Islanders in
-Polynesia we are told that "no effort of the missionary can avail
-to break them of their belief in the malevolence of ghosts, even
-of those who loved them best in life; the spirits of the dead
-seem compelled to work ill to the living without their own
-volition."[143] In Tahiti the spirits of parents and children,
-sisters and brothers, "seemed to have been regarded as a sort of
-{533} demons."[144] Among the Maoris "the nearest and most
-beloved relatives were supposed to have their natures changed by
-death, and to become malignant, even towards those they formerly
-loved."[145] The natives of Erromanga, in the New Hebrides,
-maintained that all the spirits of their departed ancestors were
-evil, and roamed the earth doing harm to men.[146] In the tribes
-inhabiting the mouth of the Wanigela River, in New Guinea, all
-dead ancestors are supposed to be constantly on the watch to deal
-out sickness or death to anyone who may displease them; hence the
-natives are most particular to do nothing that should raise their
-anger.[147] Australian natives believe that a deceased person is
-malevolent for a long time after death, and the more nearly
-related the more he is feared.[148] The _anitos_ or ghosts, of
-the Tagales in the Philippine Islands are likewise perpetually
-anxious to do harm to their descendants, trying to kill people,
-especially shortly after death, and being the causes of nearly
-all diseases.[149] The Saora of the Madras Presidency only know
-the existence of the departed souls by the mischief they do, and
-think that all ills are occasioned either by ancestral spirits or
-gods.[150] In the North-Western Provinces of India the _díwárs_,
-or _genii loci_, are oftentimes "the spirits of good men,
-Brahmans, or village heroes, who manage, when they become objects
-of worship, to be generally considered very malicious
-devils";[151] and the ghosts of all low caste natives are
-notoriously malignant.[152] The Tibetans are of opinion that a
-ghost is always malicious, and that it returns and gives troubles
-either on account of its malevolence or its desire to see how its
-former property is being disposed of.[153] The Finns and other
-peoples of the same stock believed that the souls of the dead
-were generally intent to do harm to the living, their nearest
-relatives included.[154] Thus, according to Votyak ideas, even a
-mother may become {534} the enemy of her own child from the
-moment of her death.[155] Among the Ainu of Japan, "if a man is
-at a loss for the authorship of any particular calamity, which
-has befallen him, he is very apt to refer it to the ghost of a
-dead wife, mother, grandmother, or, still more certainly, to that
-of a dead mother-in-law";[156] an Ainu who accompanied Mr.
-Batchelor would on no account come within twenty-five or thirty
-yards of the spot where his own mother was burned.[157] The
-Koniagas believe that after death every man becomes a devil.[158]
-According to ideas prevalent among the Central Eskimo, the dead
-are at first malevolent spirits who frequently roam around the
-villages, causing sickness and mischief and killing men by their
-touch; but subsequently they are supposed to attain to rest and
-are no longer feared.[159] The Tarahumares of Mexico are afraid
-of their dead; a mother asks her deceased infant to go away and
-not to come back, and the weeping widow implores her husband not
-to carry off, or do harm to, his own sons or daughters.[160] Mr.
-Bridges informs us that the Fuegian word for a ghost, _cúshpich_,
-is also an adjective signifying "frightful, dreadful, awful."[161]
-
-[Footnote 140: Dale, 'Natives inhabiting the Bondei Country,' in
-_Jour. Anthr. Inst._ xxv. 233.]
-
-[Footnote 141: Dennett, _Folklore of the Fjort_, p. 11 _sq._]
-
-[Footnote 142: Burton, _Lake Regions of Central Africa_, ii. 344.]
-
-[Footnote 143: Thomson, _Savage Island_, p. 94.]
-
-[Footnote 144: Ellis, _Polynesian Researches_, i. 334 _sq._]
-
-[Footnote 145: Taylor, _Te Ika a Maui_, p. 18. See also _ibid._
-pp. 137, 221; Polack, _op. cit._ i. 242.]
-
-[Footnote 146: Robertson, _Erromanga_, p. 389.]
-
-[Footnote 147: Guise, 'Tribes inhabiting the Mouth of the
-Wanigela River,' in _Jour. Anthr. Inst._ xxviii. 216.]
-
-[Footnote 148: Fraser, _Aborigines of New South Wales_, p. 80.
-Curr, _The Australian Race_, i. 87.]
-
-[Footnote 149: Blumentritt, in _Mittheil. d. kais. u. kön.
-Geograph. Gesellsch. in Wien_, p. 166 _sqq._ de Mas, _Informe
-sobre el estado de las Islas Filipinas en_ 1842, 'Orijen de los
-habitantes de la Oceania,' p. 15; 'Poblacion,' p. 29. _Cf._
-_ibid._ 'Poblacion,' p. 17; Blumentritt, p. 168 (Igorrotes).]
-
-[Footnote 150: Fawcett, _Saoras_, pp. 43, 51.]
-
-[Footnote 151: Elliot, _Races of the North Western Provinces of
-India_, p. 243.]
-
-[Footnote 152: Crooke, _Popular Religion of Northern India_, i. 269.]
-
-[Footnote 153: Waddell, _Buddhism of Tibet_, p. 498.]
-
-[Footnote 154: Castrén, _Nordiska resor och forskningar_, iii.
-121 _sqq._ Waronen, _Vainajainpalvelus muinaisilla
-Suomalaisilla_, p. 23.]
-
-[Footnote 155: Buch, 'Die Wotjäken,' in _Acta Soc. Scient.
-Fennicæ_, xii. 607.]
-
-[Footnote 156: Howard, _Life with Trans-Siberian Savages_, p. 196.]
-
-[Footnote 157: Batchelor, _Ainu of Japan_, p. 220 _sq._]
-
-[Footnote 158: Holmberg, in _Acta Soc. Scient. Fennicæ_, iv. 402.]
-
-[Footnote 159: Boas, in _Ann. Rep. Bur. Ethn._ vi. 591.]
-
-[Footnote 160: Lumholtz, _Unknown Mexico_, i. 380, 382.]
-
-[Footnote 161: Bridges, 'Manners and Customs of the Firelanders,'
-in _A Voice for South America_, xiii. 211.]
-
-The belief in the irritable or malevolent character of the dead
-is easily explained. As Bishop Butler observed, we presume that a
-thing will remain as it is except when we have some reason to
-think that it will be altered.[162] And in the case of the souls
-of departed friends men may have reason to suppose that they
-undergo a change. Death is commonly regarded as the gravest of
-all misfortunes; hence the dead are believed to be exceedingly
-dissatisfied with their fate. According to primitive ideas a
-person only dies if he is killed--by magic if not by force,--and
-such a death naturally tends to make the soul revengeful and
-ill-tempered. It is envious of the living and is longing for the
-company of its old friends; no wonder, then, that it sends them
-diseases to cause their {535} death. The Basutos maintain that
-their dead ancestors are continually endeavouring to draw them to
-themselves, and therefore attribute to them every disease;[163]
-and the Tarahumares in Mexico suppose that the dead make their
-relatives ill from a feeling of loneliness, that they, too, may
-die and join the departed.[164] But the notion that the
-disembodied soul is on the whole a malicious being constantly
-watching for an opportunity to do harm to the living is also, no
-doubt, intimately connected with the instinctive fear of the
-dead, which is in its turn the outcome of the fear of death.
-
-[Footnote 162: Butler, _Analogy of Religion_, i. 1, p. 82.]
-
-[Footnote 163: Casalis, _op. cit._ p. 249.]
-
-[Footnote 164: Lumholtz, _Unknown Mexico_, i. 380.]
-
-We are told, it is true, that many savages meet death with much
-indifference, or regard it as no great evil, but merely as a
-change to a life very similar to this.[165] But it is a fact
-often noticed among ourselves, that a person on the verge of
-death may resign himself to his fate with the greatest calmness,
-although he has been afraid to die throughout his life. Moreover,
-the fear of death may be disguised by thoughtlessness, checked by
-excitement, or mitigated by dying in company. There are peoples
-who are conspicuous for their bravery, and yet have a great dread
-of death.[166] Nobody is entirely free from this feeling, though
-it varies greatly in strength among different races and in
-different individuals. In many savages it is so strongly
-developed, that they cannot bear to hear death mentioned.[167]
-And inseparably mingled with {536} this fear of death is the fear
-of the dead. The place in which a death occurs is abandoned,[168]
-or the hut is destroyed,[169] or the corpse is carried out from
-it as speedily as possible.[170] The survivors endeavour to
-frighten away the ghost by firing off guns,[171] or shooting into
-the grave,[172] or throwing sticks and stones behind themselves
-after they have interred the corpse.[173] To prevent the return
-of the ghost the body is buried face downwards,[174] or its limbs
-are firmly tied,[175] or, in extreme cases, it is fixed in the
-ground with a stake driven through it.[176] We may assume that
-these and many other funeral ceremonies are very closely
-connected with the fear of the pollution of death; for even when
-their immediate object is to keep the ghost at {537} a distance,
-it is likely that they are largely due to dread of its presence
-for the reason that it is conceived as a seat of deadly
-contagion.[177] It seems to me that certain anthropologists, in
-their explanations of funeral ceremonies, have too much
-accentuated the volitional activity of ghosts. To take an
-instance. The common custom of carrying the dead body away
-through some aperture other than the door,[178] has generally
-been interpreted as a means of preventing the ghost from finding
-its way back to the old home; but various facts indicate that it
-also may have sprung from a desire to keep the ordinary exit free
-from pollution. According to the Vendîdâd a spirit of death is
-breathing all along the way which a corpse has passed; hence no
-man, no flock, no being whatever that belongs to the world of
-Ahura Mazda is allowed to go that way until the deadly breath has
-been blown away to hell.[179] In the capital of Corea there is a
-small gate in the city-wall known as the "Gate of the Dead,"
-through which alone a dead body can be carried out, and no one is
-ever allowed to enter through that passage-way.[180] In China
-even a messenger who delivers tidings of death strictly abstains
-from passing the threshold of the houses at which he knocks,
-unless urgently requested by the inmates to walk in.[181] Among
-the Kwakiutl Indians of British Columbia a mourner, who is
-regarded as unclean, "must not use the house door, but a separate
-door is cut for his use"; girls at puberty, whilst in a state of
-uncleanness, may leave {538} and enter their room only through a
-hole made in the floor;[182] and men who have polluted themselves
-by partaking of human flesh are for four months allowed to go out
-only by the secret door in the rear of the house.[183] Even the
-water and fire ceremonies performed in connection with a death
-have been represented as methods of preventing the ghost from
-attacking the living by placing a physical barrier of water or
-fire between them.[184] But I see no reason whatever to assume,
-with Sir J. G. Frazer, that "the conceptions of pollution and
-purification are merely the fictions of a later age, invented to
-explain the purpose of a ceremony of which the original intention
-was forgotten."[185]
-
-[Footnote 165: Turner, 'Ethnology of the Ungava District,' in
-_Ann. Rep. Bur. Ethn._ xi. 192 (Hudson Bay Eskimo), 269 _sq._
-(Hudson Bay Indians). de Brebeuf, 'Relation de ce qui s'est passé
-dans le pays des Hurons,' in _Relations des Jésuites_, i. 1636,
-p. 129. Roth, _North-West-Central Queensland Aborigines_, p. 161.
-Tregear, 'Niue,' in _Jour. Polynesian Soc._ ii. 14 (Savage
-Islanders). Williams and Calvert, _Fiji_, p. 204 _sq._ Romilly,
-_From my Verandah in New Guinea_, p. 45 (Solomon Islanders).
-Georgi, _op. cit._ iii. 266 (Siberian shamans).  Monrad, _op.
-cit._ p. 23 (Negroes of Accra). Brinton, _Religions of Primitive
-Peoples_, p. 72.]
-
-[Footnote 166: _E.g._, the Kalmucks (Bergmann, _Nomadische
-Streifereien unter den Kalmüken_, ii. 318 _sqq._) and the ancient
-Caribs (Müller, _Geschichte der Amerikanischen Urreligionen_,
-p. 215).]
-
-[Footnote 167: Dunbar, 'Pawnee Indians,' in _Magazine of American
-History_, viii. 742. Batchelor, _Ainu of Japan_, p. 203.
-Bergmann, _op. cit._ ii. 318. Bosman, _Description of the Coast
-of Guinea_, p. 327 (Negroes of Fida). Du Chaillu, _Explorations
-in Equatorial Africa_, p. 338. Kropf, _Das Volk der
-Xosa-Kaffern_, p. 155. For other instances of savages' great fear
-of death, see Bridges, in _A Voice for South America_, xiii. 211
-(Fuegians); Müller, _Geschichte der Amerikanischen Urreligionen_,
-p. 215 (Caribs); Dunbar, in _Magazine of American History_, v.
-334 (various North American tribes); Brinton, _Myths of the New
-World_, p. 238; Georgi, _op. cit._ ii. 400 (Jakuts); Bosman, _op.
-cit._ p. 130 (Gold Coast natives).]
-
-[Footnote 168: Dorman, _op. cit._ p. 22 (North American Indians).
-von den Steinen, _Unter den Naturvölkern Zentral-Brasiliens_,
-p. 502 (Bororó). Hyades and Deniker, _Mission scientifique du Cap
-Horn_, vii. 379 (Fuegians). Curr, _The Australian Race_, i. 44.
-Fraser, _Aborigines of New South Wales_, p. 82. Spencer and
-Gillen, _Native Tribes of Central Australia_, p. 498. Worcester,
-_Philippine Islands_, p. 496 (Tagbanuas of Busuanga). Bailey,
-'Veddahs of Ceylon,' in _Trans. Ethn. Soc._ N. S. ii. 296;
-Deschamps, _Carnet d'un voyageur_, p. 383 (Veddahs). Decle, _op.
-cit._ p. 79 (Barotse). von Düben, _Lappland_, pp. 241, 249.]
-
-[Footnote 169: Hyades and Deniker, _op. cit._ vii. 379
-(Fuegians). Batchelor, _Ainu of Japan_, p. 222 _sq._ Worcester,
-_op. cit._ p. 108 _sq._ (Tagbanuas of Palawan). Butler, _Travels
-in Assam_, p. 228. Fawcett, _Saoras_, p. 50 _sq._ Cunningham,
-_Uganda_, p. 130 (Bavuma).]
-
-[Footnote 170: Howard, _op. cit._ p. 197 (Ainu). Selenka,
-_Sonnige Welten_, p. 89 (Dyaks). The rapid pace of the funeral
-procession among the Bataks (von Brenner, _Besuch bei den
-Kannibalen Sumatras_, p. 235) probably belongs to the same class
-of facts.]
-
-[Footnote 171: von Brenner, _op. cit._ p. 235 (Bataks). Fawcett,
-_Saoras_, p. 46 _sq._]
-
-[Footnote 172: von Brenner, _op. cit._ p. 235 (Bataks). von
-Wlislocki, _Volksglaube der Magyaren_, p. 134.]
-
-[Footnote 173: Crooke, _Tribes and Castes of the North-Western
-Provinces_, i. 45 (Aheriya, in Duâb), 287 (Bhangi, the sweeper
-tribe of Hindustan). Ralston, _op. cit._ p. 320 (ancient
-Bohemians).]
-
-[Footnote 174: Dorsey, in _Ann. Rep. Bur. Ethn._ xi. 420
-(Omahas). Crooke, _op. cit._ i. 44 (Aheriya, in Duâb).]
-
-[Footnote 175: Zimmer, _Altindisches Leben_, p. 402 (Vedic
-people). Turner, in _Ann. Rep. Bur. Ethn._ xi. 191 (Hudson Bay
-Eskimo). Yarrow, _ibid._ i. 98 (Pimas of Arizona). Southey,
-_History of Brazil_, i. 248 (Tupinambas). Of the trussing and
-tying of the dead body which is practised in various Australian
-tribes the blacks themselves say that it is done "to prevent the
-spirit of the deceased from wandering in the night from its bed,
-and disturbing the living and doing them harm" (Fraser,
-_Aborigines of New South Wales_, p. 79 _sq._; see also Curr, _The
-Australian Race_, i. 44, 87).]
-
-[Footnote 176: _Supra_, ii. 256. Hyltén-Cavallius, _Wärend och
-Wirdarne_, i. 472 (Middle Ages).]
-
-[Footnote 177: _Cf._ _supra_, ii. 303. For the contagion of death
-see also Crawley, _The Mystic Rose_, p. 95 _sqq._]
-
-[Footnote 178: Tylor, _Primitive Culture_, ii. 26 _sq._ Frazer,
-in _Jour. Anthr. Inst._ xv. 69 _sq._ Trumbull, _Threshold
-Covenant_, p. 23 _sqq._ Liebrecht, _Zur Volkskunde_, pp. 372,
-373, 414 _sq._ Lippert, _Christenthum, Volksglaube und
-Volksbrauch_, p. 391 _sq._ Egede, _Description of Greenland_,
-p. 152 _sq._; Nansen, _Eskimo Life_, p. 245 _sq._ (Greenlanders).
-Turner, in _Ann. Rep. Bur. Ethn._ xi. 191 (Hudson Bay Eskimo).
-McNair Wright, _Among the Alaskans_, p. 313. Jochelson, 'Koryak
-Religion', in _Jesup North Pacific Expedition_, vi. 110 _sq._
-Georgi, _op. cit._ iii. 26 _sq._; Jackson, in _Jour. Anthr.
-Inst._ xxiv. 406 (Samoyedes). Ramseyer and Kühne, _Four Years in
-Ashantee_, p. 50. Kålund, 'Skandinavische Verhältnisse,' in Paul,
-_Grundriss der germanischen Philologie_, ii. pt. ii. 227 (ancient
-Scandinavians).]
-
-[Footnote 179: _Vendîdâd_, viii. 14 _sqq._ Darmesteter, in
-_Sacred Books of the East_, iv. p. lxxiv. _sq._]
-
-[Footnote 180: Trumbull, _op. cit._ p. 24.]
-
-[Footnote 181: de Groot, _op. cit._ (vol. ii. book) i. 644.]
-
-[Footnote 182: Boas, in _Fifth Report on the North-Western Tribes
-of Canada_, p. 42 _sqq._]
-
-[Footnote 183: _Idem_, quoted by Frazer, _Golden Bough_, i. 341
-_sq._ Among the Bhuiyâr, a Dravidian tribe in South Mirzapur,
-each house has two doors, one of which is only used by menstruous
-women; and when such a woman has to quit the house "she is
-obliged to creep out on her hands and knees so as to avoid
-polluting the house thatch by her touch" (Crooke, _Tribes and
-Castes of the North-Western Provinces_, ii. 87). Among the
-Thompson River Indians of British Columbia meat was only taken
-into the hunting lodge through a hole in the back of the
-structure, because the common door was used by women and women
-were regarded as unclean (Teit, 'Thompson Indians,' in _Memoirs
-of the American Museum of Natural History_, 'Anthropology,' i.
-347). In other instances ordinary people are prohibited from
-using a door through which a sacred person has passed, obviously
-because contact with his sanctity is looked upon as dangerous. In
-some of the South Sea Islands, where the first-born, whether male
-or female, was especially sacred, no one else was allowed to pass
-by the door through which he or she entered the paternal dwelling
-(Gill, _Life in the Southern Isles_, p. 46). "In some parts of
-the Pacific, the door through which the king or queen passed in
-opening a temple was shut up, and ever after made sacred"
-(Turner, _Nineteen Years in Polynesia_, p. 328). Ezekiel (xliv. 2
-_sq._) represents the Lord as saying:--"This gate shall be shut,
-it shall not be opened, and no man shall enter in by it; because
-the Lord, the God of Israel, hath entered in by it, therefore it
-shall be shut. It is for the prince; . . . he shall enter by the
-way of the porch of that gate, and shall go out by the way of the
-same." Among the Arabs in olden days those who returned from a
-pilgrimage to Mecca entered their houses not by the door but by a
-hole made in the back wall (Palmer, in _Sacred Books of the
-East_, vi. 27, n. 1). This practice was forbidden by Muhammed
-(_Koran_, ii. 185).]
-
-[Footnote 184: Frazer, in _Jour. Anthr. Inst._ xv. 76 _sqq._]
-
-[Footnote 185: It should be added, however, that. Sir J. G.
-Frazer's important essay on 'Burial Customs' was published many
-years ago and therefore perhaps does not exactly represent the
-author's present views on the subject.]
-
-It is obvious that the beliefs held as regards the character,
-activity, and polluting influence of the dead greatly affect the
-conduct of the survivors. They are {539} naturally anxious to
-gain the favour of the disembodied soul, to avert its ill-will,
-to keep it at a distance, and to avoid the defilement of death.
-Self-interest is often a conspicuous motive for acts and
-omissions which are regarded as duties to the dead, and prudence
-also has a very large share in their being enjoined as
-obligatory. This is obviously true of the offerings made to the
-dead. The Thompson River Indians of British Columbia threw some
-food on the ground near the grave of the deceased, "that he might
-not visit the house in search of food, causing sickness to the
-people."[186] Among the Iroquois, "on the death of a nursing
-child two pieces of cloth are saturated with the mother's milk
-and placed in the hands of the dead child so that its spirit may
-not return to haunt the bereaved mother."[187] The Negroes of
-Accra, when asked why they slaughtered animals at the tombs of
-their departed friends, answered that they did so in order to
-prevent the ghosts from walking.[188] The Monbuttu place some oil
-and other victuals in the little hut which is erected for the
-dead in the forest, so that his spirit shall not return to his
-old home in search of food.[189] For the same reason the Bataks
-of Sumatra put various things into the graves of their deceased
-friends, ask the dead to be quiet and not to long for the company
-of the living, and finish their address with the words, "Here you
-have still some _sirih_ and tobacco, and every year, at harvest
-time, we shall give you some rice."[190] Among the Chuvashes the
-son says to his departed father, "We remember you with a feast,
-here are bread and different kinds of food for you, everything
-you have before you, do not come to us."[191] It is considered
-particularly dangerous to keep back and make use of articles
-which belonged to the dead. The Gypsies burn on the grave all
-those chattels which the deceased was in the habit of using
-during his lifetime, "because his soul would otherwise {540}
-return to torment his relatives and claim back his
-property."[192] A Saora gave the following reason for the custom
-of burning all the belongings of a dead person:--"If we do not
-burn these things with the body, the Kulba (soul) will come and
-ask us for them and trouble us."[193] The Kafirs believe that,
-after his death, "a man's personality haunts his possessions."[194]
-Among the Brazilian Tupinambas "whoever happened to have any
-thing which had belonged to the dead produced it, that it might
-be buried with him, lest he should come and claim it."[195] When
-a Navaho Indian dies within a house the rafters are pulled down
-over the remains and the place is usually set on fire; after that
-nothing would induce a Navaho to touch a piece of the wood or
-even approach the immediate vicinity of the place, the shades of
-the dead being regarded "as inclined to resent any intrusion or
-the taking of any liberties with them or their belongings."[196]
-The Greenlanders, as soon as a man is dead, "throw out every
-thing which has belonged to him; otherwise they would be
-polluted, and their lives rendered unfortunate. The house is
-cleared of all its movables till evening, when the smell of the
-corpse has passed away."[197]
-
-[Footnote 186: Teit, _loc. cit._ p. 329.]
-
-[Footnote 187: Smith, _Myths of the Iroquois_, in _Ann. Rep. Bur.
-Ethn._ ii. 69.]
-
-[Footnote 188: Monrad, _op. cit._ p. 26.]
-
-[Footnote 189: Burrows, _op. cit._ p. 103.]
-
-[Footnote 190: von Brenner, _op. cit._ p. 234 _sqq._]
-
-[Footnote 191: Castrén, _op. cit._ iii. 123 _sq._]
-
-[Footnote 192: von Wlislocki, _Volksglaube der Zigeuner_, p. 100.]
-
-[Footnote 193: Fawcett, _op. cit._ p. 47.]
-
-[Footnote 194: Kidd, _The Essential Kafir_, p. 83.]
-
-[Footnote 195: Southey, _op. cit._ i. 248. _Cf._ von den Steinen,
-_Unter den Naturvölkern Zentral-Brasiliens_, p. 502 (Bororó).]
-
-[Footnote 196: Mindeleff, 'Navaho Houses,' in _Ann. Rep. Bur.
-Ethn._ xvii. 487.]
-
-[Footnote 197: Cranz, _op. cit._ i. 217.]
-
-The fear of the dead has also taught men to abstain from robbing
-or violating their tombs. The Omahas believe that, if anybody
-touched an article of food exposed at a grave, "the ghost would
-snatch away the food and paralyse the mouth of the thief, and
-twist his face out of shape for the rest of his life; or else he
-would be pursued by the ghost, and food would lose its taste, and
-hunger ever after haunt the offender."[198] The Brazilian
-Coroados "avoid disturbing the repository of the dead, for fear
-they should appear to them and torment them."[199] {541} The
-Maoris suppose that the violation of a burial place would bring
-disease and death on the criminal.[200] The extreme dislike of
-the Chinese to disturbing a grave is based on the supposition
-that the spirit of the person buried will haunt and cause
-ill-luck or death to the disturber.[201] According to the popular
-beliefs of the Magyars, he who seizes upon anything belonging to
-a tomb, even if it were only a flower, will be unhappy for the
-rest of his life.[202] The Rumanians of Transylvania think that a
-person who picks a flower which grows on a grave will die in
-consequence, and that he who smells at such a flower will lose
-his sense of smell.[203]
-
-[Footnote 198: La Flesche, 'Death and Funeral Customs among the
-Omahas,' in _Jour. American Folk-Lore_, ii. 11. _Cf._ Reid, in
-_Jour. Anthr. Inst._ iii. 112 (Chippewas).]
-
-[Footnote 199: von Spix and von Martius, _Travels in Brazil_,
-ii. 251.]
-
-[Footnote 200: Polack, _op. cit._ i. 112.]
-
-[Footnote 201: Dennys, _op. cit._ p. 26. de Groot, _op. cit._
-(vol. iv. book) ii. 446 _sq._]
-
-[Footnote 202: von Wlislocki, _Volksglaube der Magyaren_, p. 135.
-_Cf._ _Idem_, _Volksglaube der Zigeuner_, p. 96 _sq._]
-
-[Footnote 203: Prexl, 'Geburts- und Todtengebräuche der Rumänen
-in Siebenbürgen,' in _Globus_, lvii. 30.]
-
-The transgression of ancestral custom, as we have already seen,
-is supposed to be punished by the spirits of the dead; and the
-sacredness of a will largely springs from superstitious fear. The
-South Slavonian belief that, if a son does not fulfil the last
-will of his father the soul of the father will curse him from the
-grave,[204] has its counterpart in the denunciatory clause in
-Anglo-Saxon landbooks, which usually curses all and singular who
-attack the donee's title.[205]
-
-[Footnote 204: _Supra_, i. 624.]
-
-[Footnote 205: Pollock and Maitland, _History of English Law
-before the Time of Edward I._ ii. 251 _sq._]
-
-The custom of praising the dead, again, is mainly flattery, and
-the lamentations over them are not altogether sincere.[206] By
-their excessive demonstrations of grief the Andaman Islanders
-hope to conciliate the spirits of the departed, and to be
-preserved from many misfortunes which might otherwise befall
-them.[207] The Central Australian native fears "that, unless a
-sufficient amount of grief be displayed, he will be harmed by the
-offended _Ulthana_ or spirit of the dead man."[208] The
-Angmagsaliks {542} on the East Coast of Greenland say that they
-cry and groan and perform other mourning rites "in order to
-prevent the dead from getting angry."[209] But the loud wailing
-of mourners may also, like the shouting after a death,[210] be
-intended to drive away the ghost, or perhaps death itself.
-
-[Footnote 206: See Gibbs, _loc. cit._ p. 205 (tribes of Western
-Washington and North-western Oregon); Wied-Neuwied, _Reise nach
-Brasilien_, ii. 56 (Botocudos).]
-
-[Footnote 207: Man, in _Jour. Anthr. Inst._ xii. 145.]
-
-[Footnote 208: Spencer and Gillen, _Native Tribes of Central
-Australia_, p. 510.]
-
-[Footnote 209: Holm, 'Ethnologisk Skizze af Angmagsalikerne,' in
-_Meddelelser om Grønland_, x. 107.]
-
-[Footnote 210: Spencer and Gillen, _op. cit._ p. 506. _Cf._
-Robertson Smith, _Religion of the Semites_, p. 432, n. 2.]
-
-Fear is certainly a very common motive for funeral and mourning
-rites which have been interpreted as duties to the dead. This is
-the case with the various methods of disposing of the corpse.
-Thus the custom of leaving it as food for beasts of prey[211] is,
-in some instances at least, deliberately practised for the
-purpose of preventing the ghost from walking. The Herero who
-accompanied Chapman said of two of their sick comrades who formed
-part of the company, "You must throw them away, and let the
-wolves eat them; then they won't come and bother us."[212]
-Cremation, also, has frequently been resorted to as a means of
-protecting the living from unwelcome visits of the dead, or, as
-the case may be, of effectually getting rid of the contagion of
-death.[213] The Vedic people, while burning the corpses of their
-dead, cried aloud, "Away, go away, O Death! injure not our sons
-and our men."[214] In Northern India the corpses of all low caste
-people are either cremated or buried face downwards, in order to
-prevent the evil spirit from escaping and troubling its
-neighbours.[215] The Nâyars of Malabar not only believe that the
-collection and careful disposal of the ashes of the dead man
-gives peace to his spirit, but, "what is more important, the
-pacified spirit will not thereafter injure the living members of
-the Taravâd (house or family), cause miscarriage {543} to the
-women, possess the men, as with an evil spirit, and so on."[216]
-In Tibet a ghost which makes its presence felt in dreams or by
-causing deliriousness or temporary insanity is disposed of by
-cremation.[217] In his description of the Savage Islanders, Mr.
-Thomson tells us of a mother who destroyed her own daughter's
-grave by fire in order to burn the spirit which was afflicting
-her.[218] Among the ancient Scandinavians the bodies of persons
-who were believed to walk after death were dug up from their
-graves and burned.[219] And exactly the same is done in Albania
-to this day.[220]
-
-[Footnote 211: For this custom see also Murdoch, in _Ann. Rep.
-Bur. Ethn._ ix. 424 _sq._ (Point Barrow Eskimo); Nordenskiöld,
-_Vegas färd kring Asien och Europa_, ii. 93 (Chukchi); Andersson,
-_Notes on Travel in South Africa_, p. 234 (Ovambo).]
-
-[Footnote 212: Chapman, _Travels in the Interior of South
-Africa_, ii. 282.]
-
-[Footnote 213: _Cf._ Rohde, _op. cit._ p. 28 _sqq._ (ancient
-Greeks); Preuss, _op. cit._ p. 294.]
-
-[Footnote 214: _Rig-Veda_, x. 18. 1.]
-
-[Footnote 215: Crooke, _Popular Religion of Northern India_, i. 269.]
-
-[Footnote 216: Fawcett, in the Madras Government Museum's _Bulletin_,
-iii. 251. See also Iyer, 'Nay[=a]dis of Malabar,'_ibid._ iv. 71.]
-
-[Footnote 217: Waddell, _op. cit._ p. 498.]
-
-[Footnote 218: Thomson, _Savage Island_, p. 134.]
-
-[Footnote 219: Kålund, _loc. cit._ p. 227.]
-
-[Footnote 220: von Hahn, _Albanesische Studien_, i. 163.]
-
-Burial itself has served a similar purpose.[221] According to the
-Danish traveller Monrad, the Negroes of Accra expressly believe
-that by covering the body of a dead person with earth they keep
-the ghost from walking and causing trouble to the survivors; and
-he adds that exactly the same superstition prevails in Jutland in
-Denmark.[222] This belief is also preserved in the Swedish word
-for committing a corpse to the earth, _jordfästa_, which
-literally means "to fasten to the earth." In Gothland, in Sweden,
-there was an old tradition of a man called Takstein who in his
-lifetime was overbearing and cruel and after his death haunted
-the living, in consequence of which "a wizard finally
-earth-fastened him in such a manner that he afterwards lay
-quiet."[223] But burial has often been supplemented by other
-precautions against the return of the ghost. Högström says that
-the Laplanders carefully wrapped up their dead in cloth so as to
-prevent the soul from slipping away.[224] The practice of placing
-logs or stones immediately over the corpse may have a similar
-origin; in some Queensland tribes, when an individual has been
-killed by the whole tribe in punishment for some {544} serious
-crime, boomerangs are substituted for the ordinary logs,
-evidently for fear of the ghost.[225] The Chuvashes, again, put
-two stakes across the coffin of a dead man for the purpose of
-preventing him from lifting up the cover.[226] Graves are often
-provided with mounds, tombstones, or enclosures in order to keep
-the dead from walking.[227] The Omahas raise no mound over a man
-who has been killed by lightning, but bury him face downwards and
-with the soles of his feet split, in the belief that he will then
-go to the spirit-land without giving further trouble to the
-living.[228] The Savage Islanders pile heavy stones upon the
-grave to keep the ghost down.[229] The Cheremises believe that
-the ghosts cannot step over the fence-poles with which they
-surround the graves.[230] When ceremonies like that of striking
-the air at a funeral or the ringing of bells are represented as
-means of keeping off evil spirits from the dead, we have reason
-to suspect that their original object was to keep off the ghost
-from the living. At Central Australian funerals women beat the
-air with the palms of their hands for the express purpose of
-driving the spirit away from the old camp which it is supposed to
-haunt, and the men beat the air with their spear-throwers.[231]
-The Bondeis of East Africa frighten the ghosts by beating
-drums.[232] And at Port Moresby, in New Guinea, when the church
-bell was first used, the natives thanked the missionaries for
-having driven off numerous bands of ghosts.[233]
-
-[Footnote 221: _Cf._ Frazer, in _Jour. Anthr. Inst._ xv. 64
-_sq._; Preuss, _op. cit._ p. 292 _sq._]
-
-[Footnote 222: Monrad, _op. cit._ p. 13.]
-
-[Footnote 223: Läffler, _Den gottländska Taksteinar-sägnen_, p. 5.]
-
-[Footnote 224: Högström, _Beskrifning öfver de til Sveriges Krona
-lydande Lapmarker_, p. 207.]
-
-[Footnote 225: Roth, _op. cit._ p. 165.]
-
-[Footnote 226: Castrén, _op. cit._ iii. 121.]
-
-[Footnote 227: _Cf._ Frazer, in _Jour. Anthr. Inst._ xv. 65
-_sq._; Preuss, _op. cit._ p. 293.]
-
-[Footnote 228: Dorsey, in _Ann. Rep. Bur. Ethn._ xi. 420. La
-Flesche, in _Jour. American Folk-Lore_, ii. 11.]
-
-[Footnote 229: Thomson, _Savage Island_, p. 52.]
-
-[Footnote 230: Castrén, _op. cit._ iii. 122.]
-
-[Footnote 231: Spencer and Gillen, _Native Tribes of Central
-Australia_, p. 506.]
-
-[Footnote 232: Dale, in _Jour. Anthr. Inst._ xxv. 238.]
-
-[Footnote 233: Chalmers and Gill, _Work and Adventure in New
-Guinea_, p. 260.]
-
-That the mourning fast is essentially a precaution taken by the
-survivors, and not a tribute to the dead, is obvious from what
-has been said in a previous chapter.[234] When mourners mutilate,
-cut, or beat themselves, the original object of their doing so
-seems often to be to ward off the {545} contagion of death.[235]
-Among the Bedouins of Morocco women at funerals not only scratch
-their faces, but also rub the wounds with cow-dung, and cow-dung
-is regarded as a means of purification. The mourning customs of
-painting the body and of assuming a special costume have been
-explained as attempts on the part of the survivors to disguise
-themselves;[236] but the latter custom may also have originated
-in the idea that a mourner is more or less polluted for a certain
-period and that therefore a dress worn by him then, being a seat
-of contagion, could not be used afterwards. Egede writes of the
-Greenlanders, "If they have happened to touch a corpse, they
-immediately cast away the clothes they have then on; and for this
-reason they always put on their old clothes when they go to a
-burying, in which they agree with the Jews."[237] There can,
-finally, be no doubt that the widespread prohibition of
-mentioning the name of a dead person[238] does not in the first
-instance arise from respect for the departed, but from fear. To
-name him is to summon him; the Indians of Washington Territory
-even change their own names when a relative dies, because "they
-think the spirits of the dead will come back if they hear the
-same name called that they were accustomed to hear {546} before
-death."[239] But apart from this, a dead man's name itself is
-probably felt to be defiling, or at all events produces an
-uncanny association of thought, which even among ourselves makes
-many people reluctant to mention it.[240] And to do so may also
-be a wrong to other persons who would be endangered thereby.
-Among the Goajiro Indians of Colombia, to mention a dead man
-before his relatives is a dreadful offence, which is often
-punished even with death.[241]
-
-[Footnote 234: _Supra_, ii. 302 _sqq._]
-
-[Footnote 235: _Cf._ Frazer, _Golden Bough_, i. 302.]
-
-[Footnote 236: Frazer, in _Jour. Anthr. Inst._ 73. _Idem_,
-'Folk-Lore in the Old Testament,' in _Anthropological Essays
-presented to E. B. Tylor_, p. 110.]
-
-[Footnote 237: Egede, _op. cit._ p. 197.]
-
-[Footnote 238: Tylor, _Researches into the Early History of
-Mankind_, p. 144. Nyrop, 'Navnets magt,' in _Mindre afhandlinger
-udgivne af det philologisk-historiske samfund_, pp. 147-151, 190
-_sq._ and _passim_. Frazer, _Golden Bough_, i. 421 _sqq._ Clodd,
-_Tom Tit Tot_, p. 166 _sqq._ Nansen, _Eskimo Life_, p. 230 _sq._
-(Greenlanders). Müller, _Geschichte der Amerikanischen
-Urreligionen_, p. 84 (North American Indians). Bourke,
-'Medicine-Men of the Apache,' in _Ann. Rep. Bur. Ethn._ ix. 462.
-Batchelor, _Ainu and their Folk-Lore_, p. 242. Georgi, _op. cit._
-iii. 27, 28, 262 _sq._ (Samoyedes and shamanistic peoples in
-Siberia). Jackson, in _Jour. Anthr. Inst._ xxiv. 406 (Samoyedes).
-Rivers, _Todas_, p. 625 _sqq._ Crooke, _Tribes and Castes of the
-North-Western Provinces_, i. 11 (Agariya, a Dravidian tribe), von
-Wlislocki, _Volksglaube der Zigeuner_, p. 96 (Gypsies). Yseldijk,
-in _Glimpses of the Eastern Archipelago_, p. 42. (Kotting, in the
-island of Flores). Roth, _North-West-Central Queensland
-Aborigines_, p. 164. Spencer and Gillen, _Native Tribes of
-Central Australia_, p. 498. Fraser, _Aborigines of New South
-Wales_, p. 82. Thornton, in Hill and Thornton, _Aborigines of New
-South Wales_, p. 7. Fison and Howitt, _op. cit._ p. 249 (Kurnai).
-Curr, _Squatting in Victoria_, p. 272 (Bangerang). Hinde, _op.
-cit._ p. 50 (Masai). Duveyrier, _Exploration du Sahara_, p. 415
-(Touareg). Werner, 'Custom of  "Hlonipa,"' in _Jour. African
-Soc._ 1905, April, p. 346 (Zulus).]
-
-[Footnote 239: Swan, _Residence in Washington Territory_, p. 189.]
-
-[Footnote 240: I had much difficulty in inducing my teacher in
-Shel[h.]a, a Berber from the Great Atlas Mountains, to tell me
-the equivalent for "illness" in his own language; and when he
-finally did so, he spat immediately afterwards. Among the Central
-Australian Arunta the older men will not look at the photograph
-of a deceased person (Gillen, 'Aborigines of the McDonnell
-Ranges,' in _Report of the Horn Expedition_, iv. 'Anthropology,'
-p. 168).]
-
-[Footnote 241: Simons, 'Exploration of the Goajira Peninsula,' in
-_Proceed. Roy. Geograph. Soc._ N. S. vii. 791.]
-
-By all this I certainly do not mean to assert that the funeral
-and mourning customs to which I have just referred have
-exclusively or in every case originated in fear of the dead or of
-the pollution of death. Burial may also be genuinely intended to
-protect the body from beasts or birds; and the same may be the
-case with mounds, tombstones, and enclosures.[242] Some savages
-are reported to burn the dead in order to prevent their bodies
-from falling into the hands of enemies,[243] which might be bad
-both for the dead and for their friends, as charms might be made
-from the corpses.[244] Moreover, cremation does away with the
-slow process of transformation to which a dead body is naturally
-subject, and this process is regarded not only as a danger to the
-living but also as painful to the deceased himself.[245] The same
-object may be achieved by exposing the corpse to wild animals.
-And we should also remember that the putrefactive process {547}
-itself, whether accompanied by any superstitious ideas or not, is
-a sufficient motive for disposing of the dead body in some way or
-other--either by burial or cremation or exposure; and if one
-method is held objectionable another will be resorted to. Among
-the Masai the custom of throwing away corpses is said to spring
-from the notion that to bury them would be to poison the
-soil;[246] and the Zoroastrian law enjoining the exposure of the
-dead was closely connected with the sacredness ascribed to fire
-and earth and the consequent dread of polluting them.
-
-[Footnote 242: Cranz, _op. cit._ i. 217 (Greenlanders). Turner,
-in _Ann. Rep. Bur. Ethn._ xi. 192 (Hudson Bay Eskimo). Yarrow,
-_ibid._ i. 102 (Wichita Indians). Dunbar, in _Magazine of
-American History_, viii. 734 (Pawnee Indians). Curr, _The
-Australian Race_, i. 87.]
-
-[Footnote 243: Hyades and Deniker, _op. cit._ vii. 379
-(Fuegians). Preuss, _op. cit._ p. 310 (Seminole Indians of
-Florida).]
-
-[Footnote 244: Ralph, quoted by Hartland, _Legend of Perseus_,
-ii. 437 (Haidahs of British Columbia).]
-
-[Footnote 245: See Hertz, _loc. cit._ p. 71.]
-
-[Footnote 246: Thomson, _Through Masai Land_, p. 259.]
-
-Again, as for the mutilations and self-inflicted wounds which
-accompany funerals, I have suggested in a previous chapter that
-they may be partly practised for the purpose of refreshing the
-departed soul with human blood;[247] or, as Dr. Hirn observes,
-they may be instinctive efforts to procure that relief from
-overpowering feelings which is afforded by pain and the
-subsequent exhaustion.[248] The reluctance to name the dead may,
-in some measure, be traced to a natural unwillingness in his old
-friends to revive past sorrows.[249] And with reference to the
-mourning apparel, Dr. de Groot believes--if rightly or wrongly I
-am not in a position to decide--that, so far as China is
-concerned, it originated in the custom of sacrificing to the dead
-the clothes on one's own back. He thinks that this explanation is
-confirmed by the fact that in the age of Confucius it was
-customary for the mourners to throw off their clothes as far as
-decency allowed when the corpse was being dressed.[250]
-
-[Footnote 247: _Supra_, i. 476.]
-
-[Footnote 248: Hirn, _Origins of Art_, p. 66 _sq._]
-
-[Footnote 249: Fison and Howitt, _op. cit._ p. 249 (Kurnai).
-Frazer, _Golden Bough_, i. 422.]
-
-[Footnote 250: de Groot, _op. cit._ (vol. ii. book) i. 475 _sq._]
-
-There are several reasons why practices connected with death
-which originally sprang from self-regarding motives have come to
-be enjoined as duties. We have first to remember the various
-factors mentioned above[251] which tend to make self-regarding
-conduct a matter of moral concern. {548} But in this case the
-transition from the prudential to the obligatory has been much
-facilitated by the circumstance that all the acts which a
-person's self-interest induces him to perform or to abstain from
-have direct reference to another individual, and, indeed, to an
-individual who is supposed to reward benefits bestowed upon him
-or at all events to resent injuries and neglect. These
-punishments and rewards sent by the departed soul are all the
-more readily recognised to be well deserved, as the claims of the
-dead are similar in nature to those of the living and are at the
-same time in some degree supported by sympathetic feelings in the
-survivors. Nor is it difficult to explain why even such practices
-as are not originally supposed to comfort the dead have assumed
-the character of duties towards them. The dead are not only
-beings whom it is dangerous to offend and useful to please, but
-they are also very easily duped. No wonder therefore that the
-living are anxious to put the most amiable interpretation upon
-their conduct, trying to persuade the ghost, as also one another,
-that they do what they do for _his_ benefit, not for their own.
-It is better for him to have rest in his grave than to wander
-about on earth unhappy and homeless. It is better for him to
-enjoy the heat of the flames than to suffer from the cold of an
-arctic climate. It is better for him to be eaten by an
-animal--say, a beautiful dog or a hyæna sent by God--than to lie
-and rot in the open air. And all the mourning customs, what are
-they if not tokens of grief? Moreover, if the corpse is not
-properly disposed of or any funeral or mourning rite calculated
-to keep off the ghost is not observed, the dead man will easily
-do harm to the survivors. And does not this indicate that they
-have been neglectful of their duties to him?
-
-[Footnote 251: _Supra_, ii. 266 _sq._]
-
-The mixture of sympathy and fear which is at the bottom of the
-duties to the dead accounts for the fact that these duties are
-rarely extended to strangers. A departed stranger is not
-generally an object of either pity or fear. He expects attention
-from his own people only, he haunts his own home. But he may of
-course be dangerous to {549} anybody who directly offends him,
-for instance by inflicting an injury upon his body, or to people
-who live in the vicinity of his grave. We are told that the
-Angami Nagas bestow as much care on the tombs of foes who have
-fallen near their villages as on those of their own
-warriors.[252] So also the differences in the treatment of the
-dead which depend upon age, sex, and social position are no doubt
-closely connected with variations in the feelings of sympathy,
-respect, or fear,[253] although in many cases we are unable to
-explain those differences in detail. Among the Australian natives
-women and children are said to be interred with little ceremony
-because they are held to be very inferior to men while alive and
-consequently are not much feared after death;[254] and if in
-Eastern Central Africa the attention usually bestowed upon the
-dead is not extended to children which die when four or five days
-old, the reason seems to be that such children are hardly
-supposed to possess a soul.[255] We may assume that the special
-treatment to which the bodies of criminals are subject is due not
-only to indignation but, in some instances at least, to fear of
-their ghosts. And we have noticed above that suicides, murdered
-persons, and those struck with lightning are sometimes left
-unburied because no one dares to interfere with their bodies, or
-perhaps in order to prevent them from mixing with the other dead.[256]
-
-[Footnote 252: Prain, 'Angami Nagas,' in _Revue coloniale
-internationale_, v. 493.]
-
-[Footnote 253: _Cf._ Hertz, _loc. cit._ pp. 122, 132 _sqq._]
-
-[Footnote 254: Curr, _The Australian Race_, i. 89.]
-
-[Footnote 255: Macdonald, _Africana_, i. 68.]
-
-[Footnote 256: _Supra_, ii. 238 _sq._]
-
-It should finally be noticed that the duties to the departed
-become less stringent as time goes on. As Dr. Hertz has recently
-shown, the fear of the dead is greatest as long as the process of
-decomposition lasts and till the second funeral is performed, and
-this ceremony brings the period of mourning to an end.[257]
-Moreover, the dead are gradually less and less thought of, they
-appear less frequently in dreams and visions, the affection for
-them fades away, and, being forgotten, they are no longer feared.
-The Chinese say that ghosts are much more {550} liable to appear
-very shortly after death, than at any other period.[258] The
-natives of Australia are only afraid of the spirits of men who
-have lately died.[259] In the course of time savages also become
-more willing to speak of their dead.[260] But whilst the large
-bulk of disembodied souls sooner or later lose their
-individuality and dwindle into insignificance or sink into the
-limbo of All Souls, it may be that some of them escape this fate,
-and, instead of being ignored, are raised to the rank of gods.
-
-[Footnote 257: Hertz, _loc. cit._ _passim_.]
-
-[Footnote 258: Dennys, _op. cit._ p. 76.]
-
-[Footnote 259: Curr, _The Australian Race_, i. 44, 87. Lumholtz,
-_Among Cannibals_, p. 279 (Northern Queensland aborigines).]
-
-[Footnote 260: Tout, 'Ethnology of the Stlatlumh of British
-Columbia,' in _Jour. Anthr. Inst._ xxxv. 138. Bourke,
-'Medicine-Men of the Apache,' in _Ann. Rep. Bur. Ethn._ ix. 462.
-Frazer, _Golden Bough_, i. 431 _sqq._]
-
-       *       *       *       *       *
-
-Progress in intellectual culture has a tendency to affect the
-notions of death. The change involved in it appears greater. The
-soul, if still thought to survive the death of the body, is more
-distinctly separated from it; it is rid of all sensuous desires,
-as also of all earthly interests. Duties to the dead which arose
-from the old ideas may still be maintained, but their meaning is
-changed.
-
-Thus the funeral sacrifice may be continued as a mark of respect
-or affection. In Melanesia, for instance, at the death-meals
-which follow upon funerals or begin before them, and which still
-form one of the principal institutions of the natives, a piece of
-food is put aside for the dead. "It is readily denied now," says
-Dr. Codrington, "that the dead . . . are thought to come and eat
-the food, which they say is given as a friendly remembrance only,
-and in the way of associating together those whom death has
-separated."[261] In many cases the offerings made to the dead
-have become alms given to the poor, just as has been the case
-with sacrifices offered to gods;[262] and this almsgiving is
-undoubtedly looked upon as a duty to the dead. Among the Omahas
-goods are collected from the kindred of the dead between the
-death and the funeral, and when the body has been deposited in
-the grave they {551} are brought forth and equally divided among
-the poor who are assembled on the spot.[263] At a Hindu funeral
-in Sindh, on the road to the burning place, the relatives of the
-dead throw dry dates into the air over the corpse; these are
-considered as a kind of alms and are left to the poor.[264] Among
-some peoples of Malabar, at the _çráddha_, or yearly anniversary
-of a death, not less than three Brahmins are well fed and
-presented with money and cloth;[265] and according to Brahmanism
-the _çráddha_ is "a debt which is transferred from one generation
-to another, and on the payment of which depends the happiness of
-the dead in the next life."[266] Among Muhammedans alms,
-generally consisting of food, are distributed in connection with
-a death in order to confer merits upon the deceased.[267] Thus in
-Morocco bread or dried fruits are given to the poor who are
-assembled at the grave-side on the day of the funeral, as also on
-the third and sometimes on the fortieth day after it, on the
-tenth day of Mu[h.]arram, and in many parts of the country on
-other feast-days as well, when the graves are visited by
-relatives of the dead. These alms are obviously survivals of
-offerings to the dead themselves. While residing among the
-Bedouins of Dukkâla, I was told that if the funeral meal were
-omitted the dead man's mouth would be filled with earth; and it
-is a common custom among the Moors that, if a dead person appears
-in a dream complaining of hunger or thirst, food or drink is at
-once given to some poor people. Among the Christians, in former
-days, alms were distributed in the church when, soon after a
-death or on the anniversary of a death, the sacrifice of the mass
-was offered; and alms were also given at funerals and at graves,
-in the hope that their merit might be of advantage to the
-deceased.[268] At Mykonos, in the Cyclades, on some fixed days
-after the {552} burial a dish consisting of boiled wheat adorned
-with sugar plums or other delicacy is put on the tomb, and
-finally distributed to the poor at the church door;[269] and in
-some parts of Russia the people still believe that if the usual
-alms are not given at a funeral the dead man's soul will reveal
-itself to his relatives in the form of a moth flying about the
-flame of a candle.[270] The supposed conferring of merits upon
-the dead and the prayers on their behalf, so common both in
-Christianity and Muhammedanism, are the last remains of a series
-of customs by means of which the living have endeavoured to
-benefit their departed friends.
-
-[Footnote 261: Codrington, _Melanesians_, p. 271 _sq._ _Cf._
-_ibid._ p. 128.]
-
-[Footnote 262: _Supra_, i. 565 _sqq._]
-
-[Footnote 263: La Flesche, in _Jour. American Folk-Lore_,
-ii. 8 _sqq._]
-
-[Footnote 264: Burton, _Sindh_, p. 350.]
-
-[Footnote 265: Fawcett, 'Notes on some of the People of Malabar,'
-in the Madras Government Museum's _Bulletin_, iii. 71.]
-
-[Footnote 266: Barth, _Religions of India_, p. 52.]
-
-[Footnote 267: Garnett, _Women of Turkey_, ii. 496. Lane, _Modern
-Egyptians_, p. 530. Certeux and Carnoy, _L'Algérie
-traditionelle_, p. 220.]
-
-[Footnote 268: Uhlhorn, _Die christliche Liebesthätigkeit_,
-i. 281.]
-
-[Footnote 269: Bent, _Cyclades_, p. 221 _sq._]
-
-[Footnote 270: Ralston, _op. cit._ p. 117.]
-
-But even when the dead are no longer believed to be in need of
-human care, nay, though death be thought to put an end to
-existence, there are still duties, if not to the dead, at all
-events to those who were once alive. A person may be wronged by
-an act which he can no longer feel. There are rights that are in
-force not only during his lifetime but after his death. A given
-promise is not buried with him to whom it was made. A dead man's
-will is binding. His memory is protected against calumny. These
-rights have the same foundation as all other rights: the feelings
-of the person himself and the claims of others that his feelings
-shall be respected. We have wishes with regard to the future when
-we live no more. We take an interest in persons and things that
-survive us. We desire to leave behind a spotless name. And the
-sympathy felt for us by our fellow men will last when we
-ourselves are gone.
-
-
-
-
-CHAPTER XLVI
-
-CANNIBALISM
-
-
-BEFORE we take leave of the dead we have still to consider the
-practice of eating them.
-
-Habitual cannibalism, permitted or in some cases enjoined by
-custom, has been met with in a large number of savage tribes and,
-as a religious or magical rite, among several peoples of culture.
-It is, or has been, particularly prevalent in the South Sea
-Islands, Australia, Central Africa, and South and Central
-America. But it has also been found among various North American
-Indians, in certain tribes of the Malay Archipelago, and among a
-few peoples on the Asiatic continent. And it is proved to have
-occurred in many parts of Europe.[1]
-
-[Footnote 1: For the prevalence and extenson of cannibalism**,
-see Andree, _Die Anthropophagie_, p. 1 _sqq._; Bergemann, _Die
-Verbreitung der Anthropophagie_, p. 5 _sqq._; Steinmetz,
-_Endokannibalismus_, p. 2 _sqq._; Schneider, _Die Naturvölker_,
-i. 121 _sqq._; Letourneau, _L'évolution de la morale_, p. 82
-_sqq._; Ritson, _Abstinence from Animal Food_, p. 125 _sqq._;
-Hartland, _Legend of Perseus_, ii. 279 _sqq._; Schaafhausen, 'Die
-Menschenfresserei und das Menschenopfer,' in _Archiv f.
-Anthropologie_, iv. 248 _sqq._; Henkenius, 'Verbreitung der
-Anthropophagie,' in _Deutsche Rundschau f. Geographie u.
-Statistik_, xv. 348 _sqq._; de Nadaillac, 'L'Anthropophagie et
-les sacrifices humains,' in _Revue des Deux Mondes_, lxvi. 406
-_sqq._; _Idem_, in _Bulletins de la Soc. d'Anthrop. de Paris_,
-1888, p. 27 _sqq._; Dorman, _Origin of Primitive Superstitions_,
-p. 145 _sqq._ (American aborigines); Koch, 'Die Anthropophagie
-der südamerikanischen Indianer,' in _Internationales Archiv f.
-Ethnographie_, xii. 84 _sqq._; Preuss, _Die Begräbnisarten der
-Amerikaner und Nordostasiaten_, p. 217 _sqq._; Vos, 'Die
-Verbreitung der Anthropophagie auf dem asiatischen Festlande,' in
-_Intern. Archiv f. Ethnogr._ iii. 69 _sqq._; de Groot, _Religious
-System of China_, (vol. iv. book) ii. 363 _sqq._; Hübbe-Schleiden,
-_Ethiopien_, p. 209 _sqq._; Matiegka, 'Anthropophagie in der
-prähistorischen Ansiedlung bei Knovize und in der prähistorischen
-Zeit überhaupt,' in _Mittheil. d. Anthrop. Gesellsch. in Wien_,
-xxvi. 129 _sqq._; Wood-Martin, _Traces of the Elder Faiths of
-Ireland_, ii. 286 _sqq._]
-
-{554} Sometimes the whole body is eaten, with the exception of
-the bones, sometimes only a part of it, as the liver or the
-heart. Frequently the victim is an enemy or a member of a foreign
-tribe, but he may also be a relative or fellow tribesman. Among
-various savages exo- and endo-anthropophagy prevail
-simultaneously; but many cannibals restrict themselves to eating
-strangers, slain enemies, or captives taken in war, whereas
-others eat their own people in preference to strangers, or are
-exclusively endo-anthropophagous. Thus the Birhors of the Central
-Provinces of India are said to eat their aged relatives, but to
-abhor any other form of cannibalism;[2] and in certain Australian
-tribes it is not the dead bodies of slain enemies that are eaten,
-but the bodies of friends, the former being left where they
-fell.[3] Sometimes people feed on the corpses of such kinsmen as
-have happened to die, sometimes they kill and eat their old
-folks, sometimes parents eat their children, sometimes criminals
-are eaten by the other members of their own community. The
-Australian Dieyerie have a fixed order in which they partake of
-their dead relatives:--"The mother eats of her children. The
-children eat of their mother. Brothers-in-law and sisters-in-law
-eat of each other. Uncles, aunts, nephews, nieces, grandchildren,
-grandfathers, and grandmothers eat of each other. But the father
-does not eat of his offspring, or the offspring of the sire."[4]
-Among some peoples cannibalism is an exclusively masculine
-custom, the women being forbidden to eat human flesh, except
-perhaps in quite exceptional circumstances.[5]
-
-[Footnote 2: Dalton, _Ethnology of Bengal_, p. 220 _sq._]
-
-[Footnote 3: Palmer, 'Some Australian Tribes,' in _Jour. Anthr.
-Inst._ xiii. 283; Fraser, _Aborigines of New South Wales_, p. 56;
-Howitt, _Native Tribes of South-East Australia_, p. 753
-(Queensland aborigines). Dawson, _Australian Aborigines_, p. 67
-(tribes of Western Victoria).]
-
-[Footnote 4: Gason, 'Dieyerie Tribe,' in Woods, _Native Tribes of
-South Australia_, p. 274.]
-
-[Footnote 5: Coquilhat, _Sur le Haut-Congo_, p. 274 (Bangala).
-Torday and Joyce, 'Ethnography of the Ba-Mbala,' in _Jour. Anthr.
-Inst._ xxxv. 403 _sq._ _Iidem_, 'Ethnography of the Ba-Huana,'
-_ibid._ xxxvi. 279. Reade, _Savage Africa_, p. 158 (West
-Equatorial Africans). Thomson, _Story of New Zealand_, i. 145;
-Best, 'Art of War, as conducted by the Maori,' in _Jour.
-Polynesian Soc._ xi. 71 (some of the Maoris). von Langsdorf, _op.
-cit._ i. 134 (Nukahivans). Erskine, _Cruise among the Islands of
-Western Pacific_, p. 260 (Fijians). Spencer and Gillen, _Northern
-Tribes of Central Australia_, p. 548. With reference to the
-natives of Australia Mr. Curr says (_The Australian Race_, i. 77)
-that "human flesh seems to have been entirely forbidden to
-females"; but this certainly does not hold true of all the
-Australian tribes.]
-
-{555} The practice of cannibalism may be traced to many different
-sources. **It often springs from scarcity or lack of animal
-food.[6] In the South Sea Islands, according to Ellis, "the
-cravings of nature, and the pangs of famine, often led to this
-unnatural crime."[7] The Nukahivans, who were in the habit of
-eating their enemies slain in battle, also killed and ate their
-wives and children in times of scarcity, but not unless forced to
-it by the utmost necessity.[8] Hunger has been represented as the
-motive for cannibalism in some North and West Australian tribes,
-parents sometimes consuming even their own children when food is
-scarce.[9] The Indians north of Lake Superior often resorted to
-the eating of human flesh when hard pressed by their enemies or
-during a famine.[10] Among the Hudson Bay Eskimo "instances are
-reported where, in times of great scarcity, families have been
-driven to cannibalism after eating their dogs and the clothing
-and other articles made of skins."[11]
-
-[Footnote 6: Bergemann, _op. cit._ p. 48. de Nadaillac, in _Bull.
-Soc. d'Anthr._ 1888, p. 27 _sqq._ _Idem_, in _Revue des Deux
-Mondes_, lxvi. 428 _sq._ Steinmetz, _Endokannibalismus_, p. 25
-_sqq._ Lippert, _Kulturgeschichte der Menschheit_, ii. 281 _sqq._
-Henkenius, _loc. cit._ p. 348 _sq._ Letourneau, _L'évolution de
-la Morale_, p. 97. Matiegka, _loc. cit._ p. 136. Hübbe-Schleiden,
-_Ethiopien_, p. 216 _sq._ Rochas, _La Nouvelle Calédonie_, p. 304
-_sq._]
-
-[Footnote 7: Ellis, _Polynesian Researches_, i. 359.]
-
-[Footnote 8: von Langsdorf, _op. cit._ i. 144.]
-
-[Footnote 9: Lumholtz, _Among Cannibals_, p. 134. Nisbet, _A
-Colonial Tramp_, ii. 143. Oldfield, 'Aborigines of Australia,' in
-_Trans. Ethn. Soc._ N.S. iii. 285. In hard summers the new-born
-babies were all eaten by the Kaura tribe in the neighbourhood of
-Adelaide (Howitt, _op. cit._ p. 749).]
-
-[Footnote 10: Warren, in Schoolcraft, _Indian Tribes of the
-United States_, ii. 146.]
-
-[Footnote 11: Turner, 'Ethnology of the Ungava District,' in
-_Ann. Rep. Bur. Ethn._ xi. 187.]
-
-But whilst among some peoples starvation is the only inducement
-to cannibalism, there are others who can plead no such motive for
-their anthropophagous habits. The Fijians, until lately some of
-the greatest man-eaters on earth, inhabit a country where food of
-every kind abounds.[12] The Brazilian cannibals generally have a
-great {556} plenty of game or fish.[13] In Africa cannibalism
-prevails in many countries which are well supplied with food.[14]
-Thus the Bangala of the Upper Congo have been known to make frequent
-warlike expeditions against adjoining tribes seemingly for the
-sole object of obtaining human flesh to eat, although their land
-is well provided with a variety of vegetable food and domestic
-animals, to say nothing of the incredible abundance of fish in
-its lakes and rivers.[15] Of the cave-cannibals in the
-Trans-Gariep Country, in South Africa, a traveller remarks with
-some surprise:--"They were inhabiting a fine agricultural tract
-of country, which also abounded in game. Notwithstanding this,
-they were not contented with hunting and feeding upon their
-enemies, but preyed much upon each other also, for many of their
-captures were made from amongst the people of their own
-tribe."[16] Far from being an article of food resorted to in
-emergency only, human flesh is not seldom sought for as a
-delicacy.[17] The highest praise which the Fijians could bestow
-on a dainty was to say that it was "tender as a dead man."[18] In
-various other islands of the South Seas human flesh is spoken of
-as a delicious food, far superior to pork.[19] The {557}
-Australian Kurnai said that it tasted better than beef.[20] In
-some tribes in Australia a plump child is considered "a sweet
-mouthful, and, in the absence of the mother, clubs in the hands
-of a few wilful men will soon lay it low."[21] Of certain natives
-of Northern Queensland we are told that the greatest incentive to
-taking life is their appetite for human flesh, as they know no
-greater luxury than the flesh of a black man.[22]
-
-[Footnote 12: Williams and Calvert, _Fiji_, p. 182. Erskine. _op.
-cit._ p. 262.]
-
-[Footnote 13: von Martius, _Beiträge zur Ethnographie Amerika's_,
-i. 538. Koch, _loc. cit._ p. 87. de Nadaillac, in _Bull. Soc.
-d'Anthr._ 1888, p. 30 _sq._]
-
-[Footnote 14: Johnston, 'Ethics of Cannibalism,' in _Fortnightly
-Review_, N.S. xlv. 20 _sqq._ Hübbe-Schleiden, _Ethiopien_, p. 212.
-de Nadaillac, in _Bull. Soc. d'Anthr._ 1888, p. 32 _sq._]
-
-[Footnote 15: Coquilhat, _op. cit._ pp. 271, 273. Johnston, in
-_Fortnightly Review_, N.S. xlv. 20.]
-
-[Footnote 16: Layland, quoted by Burton, _Two Trips to Gorilla
-Land_, i. 216.]
-
-[Footnote 17: Bergemann, _op. cit._ p. 49 _sq._ von Langsdorf,
-_op. cit._ i. 141. Hübbe-Schleiden, _Ethiopien_, p. 218.
-Johnston, in _Fortnightly Review_, N.S. xlv. 20 _sqq._ (various
-African peoples). Kingsley, _Travels in West Africa_, p. 330
-(Fans). Reade, _op. cit._ p. 158 (West Equatorial Africans).
-Coquilhat, _op. cit._ p. 271 (Bangala). Torday and Joyce,
-'Ba-Mbala,' in _Jour. Anthr. Inst._ xxxv. 404. _Iidem_,
-'Ba-Huana,' _ibid._ xxxvi. 279.]
-
-[Footnote 18: Wilkes, _U. S. Exploring Expedition_, iii. 101.
-_Cf._ Williams and Calvert, _op. cit._ pp. 175, 178, 195.]
-
-[Footnote 19: Romilly, _Western Pacific_, p. 59 (New Irelanders).
-_Idem_, _From my Verandah in New Guinea_, p. 65. Brenchley,
-_Cruise of H.M.S. Curaçoa_, p. 209; Turner, _Samoa_, p. 313
-(natives of Tana, in the New Hebrides). _Cf._ _ibid._ p. 344 (New
-Caledonians); Hale, _U. S. Exploring Expedition. Vol. VI.
-Ethnography and Philology_, p. 39 (Polynesians). The Bataks of
-Sumatra likewise consider human flesh even better than pork
-(Junghuhn, _Die Battaländer auf Sumatra_, ii. 160 _sq._). For the
-high appreciation of its taste see also Marco Polo, _Book
-concerning the Kingdoms and Marvels of the East_, ii. 179 (hill
-people in Fokien), 209 (Islanders in the Seas of China);
-Schaafhausen, _loc. cit._ p. 247 _sq._; Matiegka, _loc. cit._
-p. 136, n. 3.]
-
-[Footnote 20: Howitt, _op. cit._ p. 752.]
-
-[Footnote 21: Fraser, _Aborigines of New South Wales_, pp. 3, 57.]
-
-[Footnote 22: Lumholtz, _op. cit._ pp. 101, 271.]
-
-However, bodily appetites, whether hunger or _gourmandise_, are
-by no means the sole motives for cannibalism. Very frequently it
-is described as an act of revenge.[23] The Typees of the
-Marquesas Islands, according to Melville, are cannibals only when
-they seek to gratify the passion of revenge upon their foes.[24]
-The cannibalism of the Solomon Islanders seems mainly to have
-been an expression of the deepest humiliation to which they could
-make a person subject.[25] The Samoans affirmed that, when in
-some of their wars a body was occasionally cooked, "it was always
-some one of the enemy who had been notorious for provocation or
-cruelty, and that eating a part of his body was considered the
-climax of hatred and revenge, and was not occasioned by the mere
-relish for human flesh." To speak of roasting {558} him is the
-very worst language that can be addressed to a Samoan, and if
-applied to a chief of importance, he may raise war to avenge the
-insult.[26] Among the Maoris human flesh was frequently eaten
-from motives of revenge and hatred, to cast disgrace on the
-person eaten, and to strike terror. "It was such a disgrace for a
-New Zealander to have his body eaten, that if crews of Englishmen
-and New Zealanders, all friends, were dying of starvation in
-separate ships, the English might resort to cannibalism, but the
-New Zealanders never would."[27] Even in Fiji, where cannibalism
-was largely indulged in for the mere pleasure of eating human
-flesh as food, revenge is said to have been the chief motive for
-it.[28] Thus, "in any transaction where the national honour had
-to be avenged, it was incumbent upon the king and principal
-chiefs--in fact, a duty they owed to their exalted station--to
-avenge the insult offered to the country by eating the
-perpetrators of it."[29]
-
-[Footnote 23: Ellis, _Polynesian Researches_, i. 310 (Tahitians).
-von Langsdorf, _op. cit._ i. 149 (Nukahivans). Forster, _Voyage
-round the World_, ii. 315 (natives of Tana and generally).
-Powell, _Wanderings in a Wild Country_, p. 248 (natives of New
-Britain and New Ireland). Howitt, _Natives of South-East
-Australia_, pp. 247, 751. Marsden, _History of Sumatra_, p. 391;
-Buning, in _Glimpses of the Eastern Archipelago_, p. 74 _sq._;
-Junghuhn. _op. cit._ ii. 156, 160 (Bataks). de Groot, _op. cit._
-(vol. iv. book) ii. 369 _sqq._ (ancient Chinese). Schneider, _Die
-Religion der afrikanischen Naturvölker_, p. 208 _sq._ (Negroes).
-Burton, _Two Trips to Gorilla Land_, i. 216 (natives of Bonny and
-New Calabar). Müller, _Geschichte der Amerikanischen
-Urreligionen_, p. 145 _sq._ Carver, _Travels through the Interior
-Parts of North America_, p. 303 _sq._ (Naudowessies). Keating,
-_Expedition to the Source of St. Peter's River_, i. 104
-(Potawatomis). Koch, _loc. cit._ pp. 87, 89 _sqq._ (South
-American tribes). von Humboldt, _Travels to the Equinoctial
-Regions of the New Continent_, v. 421 (Indians of Guyana).
-Wied-Neuwied, _Reise nach Brasilien_, ii. 50 (Botocudos and some
-other Brazilian tribes). Lomonaco, 'Sulle razze indigene del
-Brasile,' in _Archivio per l'antropologia e la etnologia_, xix.
-58 (Tupis). Andree, _op. cit._ p. 102 _sq._ and _passim_.]
-
-[Footnote 24: Melville, _Typee_, p. 181.]
-
-[Footnote 25: Parkinson, _Zur Ethnographie der nordwestlichen
-Salomo Inseln_, p. 14.]
-
-[Footnote 26: Turner, _Nineteen Years in Polynesia_, p. 194.
-_Cf._ Pritchard, _Polynesian Reminiscences_, p. 125 _sq._]
-
-[Footnote 27: Thomson, _Story of New Zealand_, i. 141 _sqq._
-Yate, _Account of New Zealand_, p. 129. Dieffenbach, _Travels in
-New Zealand_, ii. 128. Taylor, _Te Ika a Maui_, p. 353. Best, in
-_Jour. Polynesian Soc._ xi. 71 _sq._]
-
-[Footnote 28: Wilkes, _op. cit._ iii. 101. Williams and Calvert,
-_op. cit._ p. 178.]
-
-[Footnote 29: Seemann, _Viti_, p. 181.]
-
-The practice of eating criminals, which is quite a common form of
-cannibalism, seems to be largely due to revenge or
-indignation.[30] In Lepers' Island, in the New Hebrides, the
-victims of it were not generally enemies who had been killed in
-fighting, but "it was a murderer or particularly detested enemy
-who was eaten, in anger and to treat him ill."[31] Among the
-Bataks of Sumatra offenders condemned for certain capital crimes,
-such as atrocious murder, treason, and adultery, were usually
-eaten by the injured persons and their friends with all the signs
-of angry passion.[32] But this form of cannibalism may also have
-another foundation.[33] If for any reason there is a desire to
-eat human flesh, an unsympathetic being like a criminal is apt to
-be chosen as a victim. {559} It is said that some of the Line
-Islanders in the South Seas began their cannibalism by eating
-thieves and slaves.[34] In Melanesia, where human sacrifices were
-combined with the eating of bits of the victim, "advantage was
-taken of a crime, or imputed crime, to take a life and offer the
-man to some _tindalo_."[35]
-
-[Footnote 30: _Cf._ Matiegka, _loc. cit._ p. 137.]
-
-[Footnote 31: Codrington, _Melanesians_, p. 344.]
-
-[Footnote 32: Marsden, _op. cit._ p. 391. Junghuhn, _op. cit._
-ii. 156 _sq._]
-
-[Footnote 33: See Steinmetz, _op. cit._ p. 55 _sq._]
-
-[Footnote 34: Tutuila, 'Line Islanders,' in _Jour. Polynesian
-Soc._ i. 270.]
-
-[Footnote 35: Codrington, _op. cit._ p. 135.]
-
-It has been questioned whether cannibalism can be a direct
-expression of hatred;[36] but for no good reason. To eat a person
-is, according to primitive ideas, to annihilate him as an
-individual,[37] and we can readily imagine the triumphant
-feelings of a savage who has his enemy between his jaws. The
-Fijian eats in revenge even the vermin which bite him, and when a
-thorn pricks him he picks it out of his flesh and eats it.[38]
-The Cochin-Chinese express their deepest hatred of a person by
-saying, "I wish I could eat his liver or his flesh."[39] Other
-people want to "drink the blood" of their enemies.
-
-[Footnote 36: Steinmetz, _op. cit._ p. 33.]
-
-[Footnote 37: Dieffenbach, _op. cit._ ii. 118 (Maoris). Johnston,
-in _Fortnightly Review_, N. S. xlv. 27 (Negroes of the Niger
-Delta). Koch, _loc. cit._ pp. 87, 109. Lippert, _Der Seelencult_,
-p. 69. _Idem_, _Kulturgeschichte der Menschheit_, ii. 282 _sq._]
-
-[Footnote 38: Pritchard, _op. cit._ p. 371.]
-
-[Footnote 39: von Langsdorf, _op. cit._ i. 148.]
-
-The idea that a person is annihilated or loses his individuality
-by being eaten has led to cannibalism not only in revenge but as
-an act of protection, as a method of making a dangerous
-individual harmless after death.[40] Among the Botocudos warriors
-devoured the bodies of their fallen enemies in the belief that
-they would thus be safe from the revengeful hatred of the
-dead.[41] In Ashantee "several of the hearts of the enemy are cut
-out by the fetish men who follow the army, and the blood and
-small pieces being mixed (with much ceremony and incantation)
-with various consecrated herbs, all those who have never killed
-an enemy before eat a portion, for it is believed that if they
-did not, their vigour and courage would be secretly wasted by the
-haunting spirit of the {560} deceased."[42] In Greenland "a slain
-man is said to have the power to avenge himself upon the murderer
-by rushing into him, which can only be prevented by eating a
-piece of his liver."[43] Many cannibals are in the habit of
-consuming that part of a slain enemy which is supposed to contain
-his soul or courage or strength, and one reason for this practice
-may be the wish to render him incapable of doing further harm.
-Queensland natives eat the kidneys of the persons whom they have
-killed, believing that "the kidneys are the centre of life."[44]
-Among the Maoris a chief was often satisfied with the left eye of
-his enemy, which they considered to be the seat of the soul; or
-they drank the blood from a corresponding belief;[45] or in the
-case of a blood feud the heart of the enemy, representing the
-vital essence of him, was eaten "to fix or make firm the victory
-and the courage of the victor."[46] Other peoples likewise eat
-the hearts or suck the brains of their foes.
-
-[Footnote 40: _Cf._ Lippert, _Kulturgeschichte der Menschheit_,
-ii. 282; Koch, _loc. cit._ pp. 87, 109.]
-
-[Footnote 41: Featherman, _Social History of Mankind_,
-'Chiapo- and Guarano-Maranonians,' p. 355.]
-
-[Footnote 42: Bowdich, _Mission to Ashantee_, p. 300.]
-
-[Footnote 43: Rink, _Tales and Traditions of the Eskimo_, p. 45.]
-
-[Footnote 44: Lumholtz, _op. cit._ p. 272.]
-
-[Footnote 45: Dieffenbach, _op. cit._ ii. 128 _sq._]
-
-[Footnote 46: Best, in _Jour. Polynesian Soc._ xii. 83, 147.]
-
-Moreover, by eating the supposed seat of a certain quality in his
-enemy the cannibal thinks not only that he deprives his victim of
-that quality, but also that he incorporates it with his own
-system.[47] In many cases this is the chief or the only reason
-for the practice of cannibalism. The Shoshone Indians supposed
-that they became animated by the heroic spirit of a fallen foe if
-they partook of his flesh.[48] Among the Hurons, if an enemy had
-shown courage, his heart, roasted and cut into small pieces,
-{561} was given to the young men and boys to eat.[49] The
-E[(w]e-speaking peoples of the Slave Coast used to eat the hearts
-of foes remarkable for sagacity, holding that the heart is the
-seat of the intellect as well as of courage.[50] Among the
-Kimbunda of South-Western Africa, when a new king succeeds to the
-throne, a brave prisoner of war is killed in order that the king
-and nobles may eat his flesh, and so acquire his strength and
-courage.[51] The idea of transference very largely underlies
-Australian cannibalism.[52] In some tribes enemies are consumed
-with a view to acquiring some part of their qualities and
-courage.[53] The Dieyerie devour the fatty portions of their foes
-because they think it will impart strength to them.[54] And
-similar motives are often given for the practice of eating
-relatives or friends. When a man is killed in one of the
-ceremonial fights in the tribes about Maryborough, in Queensland,
-his friends skin and eat him in the hope that his virtues as a
-warrior may go into those who partake of him.[55] Among the
-natives of the River Darling, in New South Wales, a piece of
-flesh is cut from the dead body and taken to the camp, and after
-being sun-dried is cut up into small pieces, which are
-distributed among the relatives and friends of the deceased. Some
-of them use the piece in making a charm, or throw it into the
-river to bring a flood and fish, but others suck it to get
-strength and courage.[56] In certain Central Australian tribes,
-when a party starts on an avenging expedition, every man of it
-drinks some blood and also has some spurted over his body, so as
-to make him lithe and active; the elder men {562} indicate from
-whom the blood is to be drawn, and the persons thus selected must
-not decline.[57] In certain South Australian tribes cannibalism
-is only practised by old men and women, who eat a baby in order
-to get the youngster's strength.[58] Among other natives of the
-same continent, as we have noticed above, a mother used to kill
-and eat her first child, as this was believed to strengthen her
-for later births.[59] And in various Australian tribes it is, or
-has been, the custom when a child is weak or sickly to kill its
-infant brother or sister and feed it with the flesh to make it
-strong.[60] Many of the Brazilian Indians are in the habit of
-burning the bones of their departed relatives, and mix the ashes
-with a drink of which they partake for the purpose of absorbing
-their spirits or virtues.[61] Dr. Couto de Magalhães was informed
-that the savage Chavantes "eat their children who die, in the
-hope of gathering again to their body the soul of the child."[62]
-
-[Footnote 47: Blumentritt, 'Der Ahnencultus der Malaien des
-Philippinen-Archipels,' in _Mittheil. d. kais. u. könig.
-Geograph. Gesellsch. in Wien_, xxv. 154 (Italones). Lewin, _Wild
-Races of South-Eastern India_, p. 269 (Kukis). de Groot, _op.
-cit._ (vol. iv. book) ii. 373 _sqq._ (ancient Chinese).
-Schneider, _Die Religion der afrikanischen Naturvölker_, p. 209
-_sq._ (Negroes). Dorman, _op. cit._ p. 145 _sq._ (North American
-Indians). Keating, _op. cit._ i. 104 (Potawatomis). Koch, _loc.
-cit._ pp. 87, 89 _sqq._, 109 (South American Indians). Andree,
-_op. cit._ p. 101 _sq._ and _passim_. Lippert, _Der Seelencult_,
-p. 70 _sqq._ _Idem_, _Kulturgeschichte_, ii. 282. Trumbull,
-_Blood Covenant_, p. 128 _sqq._ Frazer, _Golden Bough_, ii. 357
-_sqq._ Gomme, _Ethnology in Folklore_, p. 151 _sqq._ Crawley,
-_Mystic Rose_, p. 101 _sqq._]
-
-[Footnote 48: Featherman, _op. cit._ 'Aoneo-Maranonians,' p. 206.]
-
-[Footnote 49: Parkman, _Jesuits in North America_, p. xxxix.]
-
-[Footnote 50: Ellis, _E[(w]e-speaking Peoples of the Slave
-Coast_, p. 100.]
-
-[Footnote 51: Magyar, _Reisen in Süd-Afrika_, p. 273.]
-
-[Footnote 52: Fraser, _Aborigines of New South Wales_, pp. 56,
-81. Brough Smyth, _Aborigines of Victoria_, i. p. xxxviii.
-Howitt, 'Australian Medicine Men,' in _Jour. Anthr. Inst._ xvi.
-30. Langloh Parker, _Euahlayi Tribe_, p. 38. Gason, 'Dieyerie
-Tribe,' in Curr, _op. cit._ ii. 52.]
-
-[Footnote 53: Howitt, _Native Tribes of South-East Australia_, p. 752.]
-
-[Footnote 54: Gason, in _Jour. Anthr. Inst._ xxiv. 172.]
-
-[Footnote 55: Howitt, _op. cit._ p. 753. McDonald,'Mode of
-Preparing the Dead among the Natives of the Upper Mary River,
-Queensland,' in _Jour. Anthr. Inst._ ii. 179.]
-
-[Footnote 56: Bonney, 'Aborigines of the River Darling,' in
-_Jour. Anthr. Inst._ xiii. 135.]
-
-[Footnote 57: Spencer and Gillen, _Native Tribes of Central
-Australia_, p. 461.]
-
-[Footnote 58: Crauford, in _Jour. Anthr. Inst._ xxiv. 182.]
-
-[Footnote 59: _Supra_, i. 458.]
-
-[Footnote 60: Howitt, _Native Tribes of South-East Australia_, p.
-749 _sq._ (all the tribes of the Wotjo nation, and the Tatathi
-and other tribes on the Murray River frontage). Stanbridge,
-'Tribes in the Central Part of Victoria,' in _Trans. Ethn. Soc.
-London_, N.S. i. 289. Spencer and Gillen, _Native Tribes of
-Central Australia_, pp. 52, 475 (Luritcha tribe).]
-
-[Footnote 61: Wallace, _Travels on the Amazon_, p. 498 (Tariánas,
-Tucános, and some other tribes of the Uaupés). Coudreau, _La
-France équinoxiale_, ii. 173 (Cobbéos, of the Uaupés). Monteiro,
-quoted by von Spix and von Martius, _Reise in Brasilien_, iii.
-1207, n. * (Jumánas). Koch, _loc. cit._ p. 83 _sq._ Dorman, _op.
-cit._ p. 151.]
-
-[Footnote 62: Couto de Magalhães, _Trabalho preparatorio para
-aproveitamento do selvagem e do solo por elle occupado no
-Brazil--O selvagem_, p. 132. _Cf._ de Castelnau, _Expédition dans
-les parties centrales de l'Amérique du Sud_, iv. 382 (Camacas).]
-
-The belief in the principle of transference has also led to
-cannibalism in connection with human sacrifice and to the eating
-of man-gods. At Florida, in the Solomon Islands, human flesh was
-eaten in sacrifice only.[63] In Hawaii, "après le sacrifice, le
-peuple, qui d'ailleurs ne fut jamais anthropophage, pratiquait
-une sorte de communion en mangeant certaines parties de la
-victime."[64] In West Equatorial Africa, according to Mr. Winwood
-Reade, there are two kinds of cannibalism--the one is simply an
-{563} act of _gourmandise_, the other is sacrificial and is
-performed by the priests, whose office it is to eat a portion of
-the victims, whether men, goats, or fowls.[65] And this
-sacrificial cannibalism is not restricted to the priests. In
-British Nigeria "no great human sacrifice offered for the purpose
-of appeasing the gods and averting sickness or misfortune is
-considered to be complete unless either the priests or the people
-eat the bodies of the victims";[66] and among the Aro people in
-Southern Nigeria the human victims offered to the god were eaten
-by all the people, the flesh being distributed throughout their
-country.[67] The inhabitants of the province of Caranque, in
-ancient Peru, likewise consumed the flesh of those whom they
-sacrificed to their gods.[68] The Aztecs ate parts of the human
-bodies whose blood had been poured out on the altar of
-sacrifice,[69] and so did the Mayas.[70] In Nicaragua the
-high-priests received the heart, the king the feet and hands, he
-who captured the victim took the thighs, the entrails were given
-to the trumpeters, and the rest was divided among the people.[71]
-In ancient India it was a prevalent opinion that he who offered a
-human victim in sacrifice should partake of its flesh; though, in
-opposition to this view, it was also said that a man cannot be
-allowed, much less required, to eat human flesh.[72] The
-sacrificial form of cannibalism obviously springs from the idea
-that a victim offered to a supernatural being participates in his
-sanctity[73] and from the wish of the worshipper to transfer to
-himself something of its benign virtue. So also the divine
-qualities of a man-god are supposed to be assimilated by the
-person {564} who eats his flesh or drinks his blood.[74] This was
-the idea of the early Christians concerning the Eucharist. In the
-holy food they assumed a real bestowal of heavenly gifts, a
-bodily self-communication of Christ, a miraculous implanting of
-divine life. The partaking of the consecrated elements had no
-special relation to the forgiveness of sins; but it strengthened
-faith and knowledge, and, especially, it was the guarantee of
-eternal life, because the body of Christ was eternal. The holy
-food was described as the "medicine of immortality."[75]
-
-[Footnote 63: Codrington, _op. cit._ p. 343. See also Geiseler,
-_Die Oster-Insel_, p. 30 _sq._ (Easter Islanders).]
-
-[Footnote 64: Remy, _Ka Mooolelo Hawaii_, p. xl.]
-
-[Footnote 65: Reade, _op. cit._ p. 158. See also Schneider, _Die
-Religion der afrikanischen Naturvölker_, p. 209 _sq._]
-
-[Footnote 66: Mockler-Ferryman, _British Nigeria_, p. 261.]
-
-[Footnote 67: Partridge, _Cross River Natives_, p. 59.]
-
-[Footnote 68: Ranking, _Researches on the Conquest of Peru_, p. 89.]
-
-[Footnote 69: Prescott, _History of the Conquest of Mexico_, p. 41.
-Réville, _Hibbert Lectures on the Religions of Mexico and Peru_,
-p. 89. Bancroft, _Native Races of the Pacific States_, ii. 176;
-iii. 443 _sq._]
-
-[Footnote 70: Bancroft, _op. cit._ ii. 725.]
-
-[Footnote 71: _Ibid._ ii. 725.]
-
-[Footnote 72: Weber, 'Ueber Menschenopfer bei den Indern der
-vedischen Zeit,' in _Indische Streifen_, i. 72 _sq._]
-
-[Footnote 73: See _supra_, i. 445 _sq._]
-
-[Footnote 74: See Frazer, _Golden Bough_, ii. 352, 353. 366.]
-
-[Footnote 75: Harnack, _History of Dogma_, i. 211; ii. 144
-_sqq._; iv. 286, 291, 294, 296, 297, 299 _sq._]
-
-In various other instances human flesh or blood is supposed to
-have a supernatural or medicinal effect upon him who partakes of
-it. The Banks Islanders in Melanesia believe that a man or woman
-may obtain a power like that of Vampires by stealing and eating a
-morsel of a corpse; the ghost of the dead man would then "join in
-a close friendship with the person who had eaten, and would
-gratify him by afflicting any one against whom his ghostly power
-might be directed."[76] Australian sorcerers are said to acquire
-their magic influence by eating human flesh.[77] The Egyptian
-natives who accompanied Baker on one of his expeditions imagined
-that the rite of consuming an enemy's liver would give a fatal
-direction to a random bullet.[78] Among the aborigines of
-Tasmania a man's blood was often administered as a healing
-draught.[79] In China the heart, the liver, the gall, and the
-blood of executed criminals are used for life-strengthening
-purposes;[80] thus at Peking, when a person has been executed by
-the sword, certain large pith balls are steeped in the blood and,
-under the name of "blood-bread," sold as a medicine for
-consumption.[81] Tertullian speaks of those "who at the
-gladiatorial shows, for the cure of epilepsy, {565} quaff with
-greedy thirst the blood of criminals slain in the arena, as it
-flows fresh from the wound."[82] So also in Christian Europe the
-blood of criminals has been drunk as a remedy against epilepsy,
-fever, and other diseases.[83] In these cases the ascription of a
-healing effect to the blood of the dead may perhaps have been
-derived from a belief in the transference of some quality which
-they possessed in their lifetime; the blood or life of a sound
-and strong individual might impart health to the sickly. But the
-mystery of death would also give to the corpse a miraculous power
-of its own, especially when combined with the horror or awe
-inspired by an executed felon.
-
-[Footnote 76: Codrington, _op. cit._ p. 221 _sq._]
-
-[Footnote 77: Eyre, _Expeditions of Discovery into Central
-Australia_, ii. 255.]
-
-[Footnote 78: Baker, _Ismailïa_, p. 393.]
-
-[Footnote 79: Bonwick, _Daily Life and Origin of the Tasmanians_,
-p. 89.]
-
-[Footnote 80: de Groot, _op. cit._ (vol. iv. book) ii. 377.]
-
-[Footnote 81: Rennie, quoted by Yule, in his translation of Marco
-Polo, i. 275, n. 7.]
-
-[Footnote 82: Tertullian, _Apologeticus_, 9 (Migne, _Patrologiæ
-cursus_, i. 321 _sq._).]
-
-[Footnote 83: Strack, _Der Blutaberglaube in der Menschheit_, p.
-27 _sqq._ Wuttke, _Der deutsche Volksaberglaube der Gegenwart_, §
-189 _sqq._, p. 137 _sq._ Jahn, 'Ueber den Zauber mit Menschenblut,'
-in _Verhandl. d. Berliner Gesellsch. f. Anthrop._ 1888, p. 134 _sqq._
-Havelock Ellis, _The Criminal_, p. 284. Peacock, 'Executed Criminals
-and Folk-Medicine,' in _Folk-Lore_, vii. 270 _sq._]
-
-In other instances, again, the belief in the wonderful effects of
-cannibal practices may have originated in the notion that, if a
-person or the essential part of him is eaten, he ceases to exist
-even as a spirit, or at all events loses his power of doing
-mischief. Among the Indians of British Guiana, when a man is
-pointed out as the secret murderer of a relative who has died,
-the avenger will shoot him through the back; and if he happens to
-fall dead to the ground, his corpse is dragged aside and buried
-in a shallow grave. The third night the avenger goes to the grave
-and presses a pointed stick through the corpse; and if on
-withdrawing the stick he finds blood on the end of it, he tastes
-the blood in order to ward off any evil effects that might follow
-from the murder, returning home appeased and apparently at ease.
-But if it happens that the wounded individual is able to escape,
-he charges his relatives to bury him after his death in some
-place where he cannot be found. This is to punish the murderer
-for his deed, "inasmuch as the belief prevails that if he taste
-not the blood he must perish by madness."[84] In Prussia it was a
-popular superstition that {566} if a murderer cut off, roasted,
-and ate a piece of his victim's body, he would never after think
-of his deed.[85] But by eating a part of the corpse a homicide
-may also protect himself against the vengeance of the survivors,
-presumably because he has now absorbed their relative into his
-own system.[86] The natives of New Britain eat their enemies and
-fix the leg and arm bones of the victims at the butt end of their
-spears, believing that this not only gives them the strength of
-the man whose bones they carry but also makes them invulnerable
-by his relatives.[87] The Botocudos thought that by devouring
-their fallen enemies they both protected themselves from the
-hatred of the dead and at the same time prevented the arrows of
-the hostile tribe from hitting them.[88] In Greenland the
-relatives of a murdered person, when highly enraged, will cut to
-pieces the body of the murderer and devour part of the heart or
-liver, "thinking thereby to disarm his relatives of all courage
-to attack them."[89] In the South of Italy there is a popular
-belief that a murderer will not be able to escape unless he taste
-or bedaub himself with his victim's blood.[90] Sometimes, we are
-told, cannibalism is even supposed to have a positively injurious
-effect upon the victim's relatives, in accordance, as it seems,
-with the principle of sympathetic magic. Among the Chukchi, in
-the case of revenge for blood, the slayers eat a little bit of
-the enemy's heart or liver, supposing that they in this way cause
-the hearts of his kinsfolk to sicken.[91]
-
-[Footnote 84: Bernau, _Missionary Labours in British Guiana_,
-p. 57 _sq._]
-
-[Footnote 85: von Tettau and Temme, _Die Volkssagen
-Ostpreussens_, p. 267.]
-
-[Footnote 86: _Cf._ Hartland, _op. cit._ ii. 245 _sq._]
-
-[Footnote 87: Powell, _Wanderings in a Wild Country_, p. 92.]
-
-[Footnote 88: Castelnau, _Expédition dans les parties centrales
-de l'Amérique du Sud_, iv. 382.]
-
-[Footnote 89: Cranz, _History of Greenland_, i. 178.]
-
-[Footnote 90: Pasquarelli, quoted by Hartland, _op. cit._ ii. 246.]
-
-[Footnote 91: Ratzel, _History of Mankind_, ii. 212.]
-
-Human flesh or blood is not only believed to impart certain
-qualities or beneficial magic energy to him who partakes of it,
-but also serves as a means of transferring conditional curses
-from one person to another. This I take to be the explanation of
-cannibalism as a covenant rite; in a previous chapter I have
-tried to show that the {567} main principle underlying the
-blood-covenant is the idea that the transference of blood conveys
-to the person who drinks it, or is inoculated with it, a
-conditional curse which will injure or destroy him should he
-break his promise.[92] The drinking of human blood, or of wine
-mixed with such blood, has been a form of covenant among various
-ancient and mediæval peoples, as well as among certain
-savages.[93] In some South Slavonic districts compacts between
-different clans are even now made by their representatives
-sucking blood from each other's right hands and swearing fidelity
-till the grave.[94] In certain parts of Africa, again, the
-partaking of human flesh, generally prepared in a kind of paste
-mixed with condiments and kept in a quaintly-carved wooden box
-and eaten with round spoons of human bone, constitutes a bond of
-union between strangers who are suspicious of one another or
-between former enemies, or accompanies the making of a solemn
-declaration or the taking of an oath.[95] Among the Bambala, a
-Bantu tribe in the Kasai, south of the River Congo, cannibalism
-accompanies the ceremony by which a kind of alliance is
-established between chiefs of the same region. The most powerful
-chief will invite the other chiefs of the neighbourhood to a
-meeting held on his territory, in order to make a compact against
-bloodshed. "A slave is fattened for the occasion and killed by
-the host, and the invited chiefs and their followers partake of
-the flesh. Participation in this banquet is taken as a pledge to
-prevent murder. Supposing that a chief, after attending an
-assembly of this kind, kills a slave, every village which took
-part in the bond has the right to claim compensation, and the
-murderer is sure to be completely ruined."[96]
-
-[Footnote 92: _Supra_, ii. 208.]
-
-[Footnote 93: Strack, _op. cit._ p. 9 _sqq._ Rühs, _Handbuch der
-Geschichte des Mittelalters_, p. 323. _Supra_, ii. 207 _sqq._]
-
-[Footnote 94: Krauss, 'Sühnung der Blutrache im Herzögischen,' in
-_Am Ur-Quell_, N.F. i. 196.]
-
-[Footnote 95: Johnston, in _Fortnightly Review_, N.S. xlv. 28.]
-
-[Footnote 96: Torday and Joyce, in _Jour. Anthr. Inst._ xxxv.
-404, 409.]
-
-For the practice of eating relatives or friends, finally, some
-special reasons are given besides those already mentioned.{568}
-It is represented as a mark of affection or respect for the
-dead,[97] as an act which benefits not only the person who eats
-but also him who is eaten. The reason which the Australian
-Dieyerie assign for their endo-anthropophagy is, that should they
-not eat their relatives they would be perpetually crying and
-become a nuisance to the camp.[98] The natives of the Boulia
-district, Queensland, among whom children that die suddenly are
-partly eaten by the parents and their blood brothers and sisters,
-say that "putting them along hole" would make them think too much
-about their beloved little ones.[99] In the Turrbal tribe in
-Southern Queensland a man who happened to be killed in one of the
-ceremonial combats which followed the initiation rites was eaten
-by those members of the tribe who were present; and the motive
-stated is that they ate him because "they knew him and were fond
-of him, and they now knew where he was, and his flesh would not
-stink."[100] The Bataks of Sumatra declared that they frequently
-ate their own relatives when aged and infirm, "not so much to
-gratify their appetite, as to perform a pious ceremony."[101]
-Among the Samoyedes old and decrepit persons who were no longer
-able to work let their children kill and eat them in the hope
-that they thereby might fare better after death.[102] The Indian
-of Hayti "would think he was wanting to the memory of a relation,
-if he had not thrown into his drink a small portion of the body
-of the deceased, after having dried it . . . and reduced it to
-powder."[103] Among the Botocudos old men who were unable to keep
-up in the march were at their own request eaten up by their sons
-so that their {569} enemies should be prevented from digging up
-and injuring their bodies;[104] whilst mothers not infrequently
-consumed their dead children out of love.[105] The Mayorunas
-considered it more desirable for the departed to be eaten by
-relatives than by worms;[106] and the Cocomas, a tribe of the
-Marañon and Lower Huallaga, said it was better to be inside a
-friend than to be swallowed up by the cold earth.[107] It is
-impossible to decide how far these statements represent original
-motives for the custom of eating dead relatives. They may be
-later interpretations of a habit which in the first place sprang
-from selfishness rather than love.
-
-[Footnote 97: Dawson, _op. cit._ p. 67 (tribes of Western
-Victoria). McDonald, in _Jour. Anthr. Inst._ ii. 179 (natives of
-the Upper Mary River, Queensland). Featherman, _op. cit._
-'Oceano-Melanesians,' p. 243 (Hawaiians). Southey, _History of
-Brazil_, i. 379 (Tapuyas). Marcgravius de Liebstad, _Historia
-rerum naturalium Brasiliæ_, viii. 12, p. 282 (ancient Tupis).]
-
-[Footnote 98: Gason, in _Jour. Anthr. Inst._ xxiv. 172. _Idem_,
-in Woods, _op. cit._ p. 274.]
-
-[Footnote 99: Roth, _North-West-Central Queensland Aborigines_,
-p. 166.]
-
-[Footnote 100: Howitt, _op. cit._ p. 753.]
-
-[Footnote 101: Leyden, 'Languages and Literature of the
-Indo-Chinese Nations,' in _Asiatick Researches_, x. 202.]
-
-[Footnote 102: Preuss, _op. cit._ p. 218.]
-
-[Footnote 103: Bembo, quoted by von Humboldt, _op. cit._ v. 248.]
-
-[Footnote 104: Voss, in _Verhandl. Berliner Geellsch. Anthr._
-1891, p. 26.]
-
-[Footnote 105: Waitz, _Anthropologie der Naturvölker_, iii. 446.]
-
-[Footnote 106: von Schütz-Holzhausen, _Der Amazonas_, p. 209.]
-
-[Footnote 107: Markham, 'List of the Tribes in the Valley of the
-Amazon,' in _Jour. Anthr. Inst._ xxiv. 253.]
-
-The cannibalism of modern savages has often been represented as
-the survival of an ancient practice which was once universal in
-the human race.[108] The advocates of this theory, however, have
-not generally made any serious attempts to prove it. I have in
-another place put the question how ethnographical facts can give
-us information regarding the early history of mankind, and my
-answer was:--We have first to find out the causes of the social
-phenomena; we may then from the prevalence of the causes infer
-the prevalence of the phenomena themselves, if the former must be
-assumed to have operated without being checked by other
-causes.[109] This seems a very obvious method; but, so far as I
-know, Dr. Steinmetz is the only one who has strictly applied it
-to the question of cannibalism. He has arrived at the conclusion
-that primitive man most probably was in the habit of eating the
-bodies of his dead kinsmen as also of slain enemies. His argument
-is briefly as follows:--{570} The chief impulse of primitive man
-was his desire for food. He fed not only on fruits and
-vegetables, but on flesh. His taste for animal food was not
-limited by any sufficient esthetic horror of human corpses. Nor
-was he kept back from eating them by fear of exposing himself to
-the revenge of the disembodied soul of his victim, nor by any
-fantastic sympathy for the dead body. Consequently, he was an
-habitual cannibal.[110] If I cannot accept Dr. Steinmetz's
-conclusion it is certainly not because I find fault with his
-method, but because I consider his chief premise exceedingly
-doubtful.
-
-[Footnote 108: Andree, _op. cit._ p. 98 _sq._ Lippert,
-_Kulturgeschichte der Menschheit_, ii. 279. Schurtz,
-_Speiseverbote_, p. 25. Réville, _Hibbert Lectures on the
-Religions of Mexico and Peru_, p. 87. Johnston, in _Fortnightly
-Review_, N.S. xlv. 28. M. Letourneau (_L'évolution de la morale_,
-p. 76) calls cannibalism "le péché originel de toutes les races
-humaines."]
-
-[Footnote 109: Westermarck, _History of Human Marriage_, p. 3 _sq._]
-
-[Footnote 110: Steinmetz, _Endokannibalismus_, p. 34 _sqq._]
-
-It is quite likely that early man preferred cannibalism to death
-from starvation, and that he occasionally practised it from the
-same motive as has induced many shipwrecked men even among
-civilised peoples to have recourse to the bodies of their
-comrades in order to save their lives. But we are here concerned
-with habitual cannibalism only. Although I consider it highly
-probable that man was originally in the main frugivorous, there
-can be no doubt that he has from very early times fed largely on
-animal food. We may further take for granted that he has
-habitually eaten the flesh of whatever animals he could get for
-which he had a taste and from the eating of which no
-superstitious or sentimental motive held him back. But that he at
-first had no aversion to human flesh seems to me a very
-precarious assumption.
-
-A large number of savage tribes have never been known to be
-addicted to cannibalism, but are, on the contrary, said to feel
-the greatest dislike of it. In times of scarcity the Eskimo will
-eat their clothing sooner than touch human flesh. The Fuegians
-have been reported to devour their old women in cases of extreme
-distress;[111] but Mr. Bridges, who has spent most part of his
-life among them, emphatically affirms that cannibalism is unknown
-amongst the natives of Cape Horn and that {571} they abhor
-it.[112] Concerning the natives of South Andaman Mr. Man
-observes:--"Not a trace could be discovered of the existence of
-such a practice in their midst, even in far-off times. . . . They
-express the greatest horror of the custom, and indignantly deny
-that it ever held a place among their institutions."[113] We meet
-with similar statements with reference to many African tribes.
-The editor of Livingstone's 'Last Journals' says that it was
-common on the River Shiré to hear Manganja and Ajawa people speak
-of tribes far away to the north who eat human bodies, and that on
-every occasion the fact was related with the utmost abhorrence
-and disgust.[114] Amongst the Dinka the accounts of the
-cannibalism of the Niam-Niam excites as much horror as amongst
-ourselves.[115] The Bakongo "shudder with repugnance at the mere
-mention of eating human flesh."[116] Among the Bayaka, in the
-Congo Free State, "cannibalism is never found, and is regarded as
-something quite abhorrent."[117] No intermarriage takes place
-between the Fans and their non-cannibal neighbours, as "their
-peculiar practices are held in too great abhorrence."[118]
-According to Burton, cannibalism "is execrated by the Efiks of
-Old Calabar, who punish any attempts of the kind with extreme
-severity."[119] Even amongst the South Sea Islanders there are
-tribes which have been known to view cannibalism with great
-repugnance.[120]
-
-[Footnote 111: Darwin, _Journal of Researches_, p. 214. King and
-Fitzroy, _Voyages of the "Adventure" and "Beagle,"_ ii. 183, 189.]
-
-[Footnote 112: Bridges, 'Manners and Customs of the Firelanders,'
-in _A Voice for South America_, xiii. 207. _Idem_, quoted by
-Hyades and Deniker, _Mission scientifique du Cap Horn_, vii. 259.]
-
-[Footnote 113: Man, 'Aboriginal Inhabitants of the Andaman
-Islands,' in _Jour. Anthr. Inst._ xii. 113.]
-
-[Footnote 114: Livingstone, _Last Journals_, ii. 39.]
-
-[Footnote 115: Schweinfurth, _Heart of Africa_, i. 158.]
-
-[Footnote 116: Ward, _Five Years with the Congo Cannibals_, p. 37.]
-
-[Footnote 117: Torday and Joyce, 'Ethnography of the Ba-Yaka,' in
-_Jour. Anthr. Inst._ xxxvi. 42.]
-
-[Footnote 118: Du Chaillu, _Explorations in Equatorial Africa_, p. 97.]
-
-[Footnote 119: Burton, _Two Trips to Gorilla Land_, i. 216 _sq._]
-
-[Footnote 120: Nisbet, _op. cit._ ii. 136. Turner, _Samoa_, p.
-305 (Savage Islanders). Angas, _Polynesia_, p. 385 (natives of
-Bornabi, in the Caroline Islands). Powell, _Wanderings in a Wild
-Country_, p. 247 (some of the tribes in New Guinea). Calder,
-'Native Tribes of Tasmania,' in _Jour. Anthr. Inst._ iii. 23;
-Ling Roth, _Aborigines of Tasmania_, p. 111.]
-
-It is true that the information which a traveller visiting a
-savage tribe receives as regards its attitude towards {572}
-cannibalism is often apt to be misleading. There is nothing as to
-which many savages are so reticent or the practice of which they
-will deny so readily as cannibalism, though at the same time they
-are much inclined to accuse other peoples of it.[121] The reason
-why they are so anxious to conceal its prevalence among
-themselves is of course their knowledge of the detestation in
-which it is held by the visiting stranger; but not infrequently
-they really seem to feel that it is something to be ashamed of.
-It has been said of some Australian natives that, "unlike many
-other offences with which they are justly charged, . . . this one
-in general they knew to be wrong," their behaviour when they were
-questioned on the subject showing that "they erred knowingly and
-wilfully."[122] At all events the reproaches of the whites have
-been taken to heart with remarkable readiness. Even among peoples
-who have been extremely addicted to it, cannibalism has
-disappeared with a rapidity to which, I think, there is hardly
-any parallel in the history of morals. Erskine wrote in the
-middle of the last century:--"Our experience in New Zealand has
-proved that this unnatural propensity can be eradicated from the
-habits of a whole savage nation, in the course of a single
-generation. I have heard it asserted that there did not exist in
-1845 many New Zealand males of twenty years of age who had not,
-in their childhood, tasted of human flesh; yet it is perfectly
-well known that at the present time the occurrence of a single
-case of cannibalism, in any part of those islands, would attract
-as much notice as in any country of Europe; and that, when a
-native can be induced to talk on the subject, his information is
-given reluctantly, and with an unmistakable consciousness of
-degradation, and a feeling of shame that he and his {573}
-countrymen should ever have been liable to such a reproach."[123]
-Of the Bataks it was said some time ago that the rising
-generation began to refrain from cannibalism, and that those of
-them who had submitted to European rule thought with horror of
-the wild times when they or their ancestors were addicted to
-it.[124] Cieza de Leon remarks with some astonishment that, as
-soon as the Peruvian Incas began to put a stop to this practice
-among all the peoples with whom they came in contact, it was in a
-short time forgotten throughout their empire even by those who
-had previously held it in high estimation.[125] Moreover, the
-extinction of cannibalism has not always been due to the
-intervention of superior races.[126]
-
-[Footnote 121: Curr, _The Australian Race_, i. 77; Brough Smyth,
-_Aborigines of Victoria_, i. p. xxxvii. _sq._; Fraser,
-_Aborigines of New South Wales_, p. 56. Romilly, _Western
-Pacific_, p. 59 _sqq._ _Idem_, _From my Verandah in New Guinea_,
-p. 68. Powell, _op. cit._ pp. 52, 59 (natives of the Duke of York
-Group). Erskine, _op. cit._ p. 190 _sq._ (Fijians). Melville,
-_op. cit._ p. 341 (Polynesians). Reade, _op. cit._ p. 159;
-Kingsley, _Travels in West Africa_, p. 330 (Fans). At the same
-time there are many cannibals who make no attempts to conceal the
-practice.]
-
-[Footnote 122: Brough Smyth, _op. cit._ i. p. xxxviii.]
-
-[Footnote 123: Erskine, _op. cit._ p. 275 _sq._]
-
-[Footnote 124: Buning, in _Glimpses of the Eastern Archipelago_,
-p. 74.]
-
-[Footnote 125: Cieza de Leon, _Segunda parte de la Crónica del
-Perú_, ch. 25, p. 100.]
-
-[Footnote 126: Waitz-Gerland, _Anthropologie der Naturvölker_,
-vi. 158 _sqq._ (Polynesians). Casalis, _Basutos_, p. 303. Ribot,
-_Psychology of the Emotions_, p. 295 _sq._ Schurtz,
-_Speiseverbote_, p. 26. _Cf._ Spencer and Gillen, _Native Tribes
-of Central Australia_, p. 324.]
-
-Even among peoples very notorious for cannibalism there are
-individuals who abhor the practice. Dr. Schweinfurth asserts that
-some of the Niam-Niam "turn with such aversion from any
-consumption of human flesh that they would peremptorily refuse to
-eat out of the same dish with any one who was a cannibal."[127]
-With reference to Fijian cannibalism Dr. Seemann observes:--"It
-would be a mistake to suppose that all Fijians, not converted to
-Christianity, are cannibals. There were whole towns, as for
-instance Nakelo, on the Rewa river, which made a bold stand
-against this practice, declaring that it was _tabu_ forbidden to
-them by their gods, to indulge in it. The common people
-throughout the group, as well as women of all classes, were by
-custom debarred from it. Cannibalism was thus restricted to the
-chiefs and gentry, and again amongst them there is a number . . .
-who never eat human flesh, nor go near the biers when any dead
-bodies have been brought in, and who abominate the practice as
-much as any white man does."[128] {574} It should also be
-remembered that many cannibals eat human flesh not as ordinary
-food, but only in special circumstances, and that their
-cannibalism is often restricted to the devouring of some small
-part of the victim's body.
-
-[Footnote 127: Schweinfurth, _op. cit._ ii. 18 _sq._]
-
-[Footnote 128: Seemann, _Viti_, p. 179 _sq._ _Cf._ Williams and
-Calvert, _op. cit._ p. 179.]
-
-The dislike of cannibalism may be a complex feeling. In many
-instances sympathy for the dead is undoubtedly one of its
-ingredients. It is true that endo-anthropophagy is frequently
-described as a mark of affection, but on the other hand there are
-many cannibals who never eat their dead friends though they eat
-strangers or foes. Some cannibals exchange their own dead for
-those of another tribe so as to avoid feeding on their
-kinsmen;[129] the natives of Tana, in the New Hebrides, are said
-to do so "when they happen to have a particular regard for the
-deceased."[130] But neither affection nor regard can be the
-reason why savages abstain from eating their enemies. I think
-that aversion to cannibalism is most likely, in the first
-instance, an instinctive feeling akin to those feelings which
-regulate the diet of the various animal species. Although our
-knowledge of their habits in this respect is defective, there can
-be little doubt that carnivorous animals as a rule refuse to eat
-members of their own species; and this reluctance is easy to
-understand considering its race-preserving tendency.
-
-[Footnote 129: Arbousset and Daumas, _Exploratory Tour to the
-Cape of Good Hope_, p. 123. Steinmetz, _Endokannibalismus_,
-pp. 22, 47.]
-
-[Footnote 130: Brenchley, _op. cit._ p. 209.]
-
-Moreover, the eating of human flesh is regarded with some degree
-of superstitious dread. This is not seldom the case even among
-peoples who are themselves cannibals. In Lepers' Island, in the
-New Hebrides, where cannibalism still prevails, the natives say
-that "to eat human flesh is a dreadful thing," and that a
-man-eater is a person who is afraid of nothing; hence "men will
-buy flesh when some one has been killed, that they may get the
-name of valiant men by eating it."[131] In those parts of Fiji
-where cannibalism was a national institution, only the select
-few, the taboo-class, the priests, chiefs, and higher orders,
-were deemed fit to indulge in it; and {575} whilst every other
-kind of food was eaten with the fingers, human flesh was eaten
-with forks, which were handed down as heirlooms from generation
-to generation, and with which the natives would not part even for
-a handsome equivalent.[132] The Fijians of Nakelo, again, who did
-not practise cannibalism, attributed to it those fearful skin
-diseases with which children are so often visited in Fiji.[133]
-The New Caledonians, who are exo-anthropophagous, believe that if
-a man eats a tribes-fellow he will break out into sores and
-die.[134] Among the Maoris no men but sacred chiefs could partake
-of human flesh without becoming _tapu_, in which state they could
-not return to their usual occupations without having the _tapu_
-removed from their bodies.[135] So also among the Kwakiutl
-Indians of British Columbia a man who has eaten human flesh as a
-ceremonial rite is for a long time afterwards subject to a
-variety of restrictions, being considered unclean. For sixteen
-days he must not eat any warm food. For four months he is not
-allowed to blow hot food in order to cool it. For the same period
-he uses a spoon, dish, and kettle of his own, which are thrown
-away after the lapse of the prescribed time. He must stay alone
-in his bedroom, and is not allowed to go out of the house door
-but must use the secret door in the rear of the house. And for a
-whole year he must not touch his wife, nor is he allowed to
-gamble or to work.[136] Among the West African Fans, before a
-cannibal meal, the corpse is carried to a hut built on the
-outskirts of the settlement. There "it is eaten secretly by the
-warriors, women and children not being allowed to be present, or
-even to look upon man's flesh; and the cooking pots used for the
-banquet must all be broken. A joint of 'black brother' is never
-seen in the villages."[137] So also {576} among the Bambala,
-south of the River Congo, vessels in which human flesh has been
-cooked are broken and the pieces thrown away.[138] In Eastern
-Central Africa the person who eats a human being is believed to
-run a great risk; Mr. Macdonald knew a headman whose success in
-war was attributed to the fact that he had eaten the whole body
-of a strong young man, but it was supposed that if he had not
-been protected by powerful charms, such cannibalism might have
-been dangerous to him.[139]
-
-[Footnote 131: Codrington, _op. cit._ p. 344.]
-
-[Footnote 132: Seemann, _Viti_, pp. 179, 181 _sq._]
-
-[Footnote 133: _Ibid._ p. 179 _sq._]
-
-[Footnote 134: Atkinson, 'Natives of New Caledonia,' in
-_Folk-Lore_, xiv. 253.]
-
-[Footnote 135: Thomson, _op. cit._ i. 147 _sq._]
-
-[Footnote 136: Boas, 'Social Organization of the Kwakiutl
-Indians,' in _Report of the U.S. National Museum_, 1895, p. 537
-_sq._ _Cf._ Woldt, _Kaptein Jacobsens Reiser til Nordamerikas
-Nordvestkyst_, p. 44 _sqq._; Mayne, _Four Years in British
-Columbia_, p. 256 _sq._]
-
-[Footnote 137: Burton, _Two Trips to Gorilla Land_, i. 212.]
-
-[Footnote 138: Torday and Joyce, in _Jour. Anthr. Inst._ xxxv. 404.]
-
-[Footnote 139: Macdonald, _Africana_, i. 170.]
-
-One reason for this superstitious dread of cannibalism is
-undoubtedly fear of the dead man's spirit, which is then supposed
-not to be annihilated by the act, but to become a danger to him
-who partakes of the corpse. The Fijian cannibals avowed "that
-they were always frightened at night lest the spirit of the man
-they had eaten should haunt them."[140] In the Luritcha tribe in
-Central Australia care is invariably taken to destroy the bones
-of those enemies who have been eaten, "as the natives believe
-that unless this is done the victims will arise from the coming
-together of the bones, and will follow and harm those who have
-killed and eaten them."[141] And among the Kwakiutl Indians the
-taboos imposed upon a cannibal are more obligatory when he has
-devoured a corpse than when he has contented himself with taking
-bites out of a living man.[142] But it may also be that the
-superstitious fear of cannibalism is to some extent an outcome of
-the natural reluctance to partake of human flesh, just as the
-aversion to eating certain animals may give rise to the idea that
-their meat is unwholesome food,[143] and as the supernatural
-dangers attributed to incest spring from the instinctive horror
-of it.[144]
-
-[Footnote 140: Pritchard, _op. cit._ p. 372.]
-
-[Footnote 141: Spencer and Gillen, _Native Tribes of Central
-Australia_, p. 475.]
-
-[Footnote 142: Boas, _loc. cit._ p. 537 _sq._ _Cf._ Frazer,
-_Golden Bough_, i. 342.]
-
-[Footnote 143: _Supra_, ii. 332.]
-
-[Footnote 144: _Supra_, ii. 375 _sq._]
-
-The fact that so many peoples partake or are known to have
-partaken of human flesh without repugnance, or even with the
-greatest eagerness, by no means proves {577} that there was no
-original aversion to it in the human race. It is easy to imagine
-that the feeling of reluctance may have been overcome by other
-motives, such as hunger, revenge, the desire to acquire another
-person's courage or strength, the hope of making an enemy
-harmless, or of gaining supernatural benefits. And everybody
-knows that men and even many animals, when once induced to taste
-a certain food which they have previously avoided, often conceive
-a great liking for it. There is evidence that this also applies
-to cannibalism. In 1200 Egypt was afflicted with a terrible
-famine, in consequence of which the poor fed even upon human
-corpses and fell to devouring children. An eyewitness, the
-Arabian physician [(]Abd-Allatif, writes that, when the poor
-began to eat human flesh, the wonder and horror excited were
-such, that these crimes were in every mouth, and people were
-never weary of the extraordinary topic. But by degrees custom
-operated, and produced even a taste for such detestable repasts.
-Many men made children their ordinary food, eating them from pure
-gluttony and laying up stores of their flesh. Various modes of
-cooking and seasoning this kind of food were invented; and the
-practice soon spread through the provinces, so that there was not
-a single district in which cannibalism became not common. By this
-time it caused no longer either surprise or horror, and the
-matter was discussed with indifference. Diverse rich people, who
-could have procured other food, seemed to become infatuated, and
-practised cannibalism as a luxury, using murderers as their
-purveyors and inviting their friends to dinner, without taking
-too much trouble to conceal the truth.[145] There is a similar
-story from Polynesia. Cannibalism, we are told, was introduced
-into Futuna by king Veliteki in consequence of a great tempest
-which brought on a disastrous famine; but in time it became a
-dreadful scourge, which threatened to depopulate the island. The
-desire to eat human flesh arrived at such a point that wars no
-longer sufficed to {578} furnish victims in sufficient numbers,
-hence the people took to hunting down members of their own
-tribes.[146] It has been suggested that in other islands of the
-South Seas cannibalism likewise arose in times of great famine,
-and that the inhabitants, becoming used to it, acquired a taste
-for human flesh.[147] In Western Equatorial Africa, again,
-gastronomic cannibalism has been supposed to be a practical
-extension of the sacrificial ceremony, neither the women nor the
-young men being allowed to touch the dainty.[148] That such a
-practice may easily grow up when the beginning has been made, is
-well illustrated by the words of a cannibal chief who declared
-that he who has once indulged in a repast of human flesh will
-find it very difficult to abstain from it in the future.[149]
-
-[Footnote 145: [(]Abd-Allatif, _Relation de l'Égypte_, p. 360
-_sqq._]
-
-[Footnote 146: Percy Smith, 'Futuna,' in _Jour. Polynesian Soc._
-i. 37.]
-
-[Footnote 147: Macdonald, _Oceania_, p. 196 _sq._ Powell,
-_Wanderings in a Wild Country_, p. 248.]
-
-[Footnote 148: Reade, _op. cit._ p. 158.]
-
-[Footnote 149: Powell, _op. cit._ p. 248.]
-
-The question whether early man was in the habit of eating human
-flesh may thus, I think, be resolved into the question whether
-his natural shrinking from it may be assumed to have been subdued
-by any of those factors which in certain circumstances have
-induced men to become habitual cannibals. For such an assumption
-I find no sufficient grounds. On the contrary, I maintain that it
-is made highly improbable by the fact that cannibalism is much
-less prevalent among the lowest savages than among races somewhat
-more advanced in culture.[150] In America, instead of being
-confined to savage peoples, it was practised "to a greater extent
-and with more horrible rites among the most civilised. Its
-religious inception," Mr. Dorman adds, "was the cause of
-this."[151] Humboldt observed long ago:--"The nations who hold it
-a point of honour to devour their prisoners are not always the
-rudest and most ferocious . . . . The Cabres, the Guipunavis, and
-the Caribees, have {579} always been more powerful and more
-civilised than the other hordes of the Oroonoko; and yet the
-former are as much addicted to anthropophagy, as the last are
-repugnant to it."[152] In Brazil, Martius found the cannibalism
-of the Central Tupis to form a strange contrast to their
-relatively high state of culture.[153] Cannibals like the Fijians
-and Maoris were on the verge of semi-civilisation, and the Bataks
-of Sumatra were already in early times so advanced as to frame an
-alphabet of their own, though after the Indian model. Among the
-African Niam-Niam and Monbuttu a great predilection for human
-flesh coexists with a remarkable degree of culture; whereas in
-the dwarf tribes of Central Africa, which are of a very low type,
-Mr. Burrows never heard of a single case of cannibalism.[154]
-
-[Footnote 150: See Peschel, _Races of Man_, p. 162 _sq._;
-Schneider, _Die Naturvölker_, i. 186; Bergemann, _op. cit._
-p. 53; Ratzel, _op. cit._ ii. 352; Sutherland, _Origin and
-Growth of the Moral Instinct_, i. 372.]
-
-[Footnote 151: Dorman, _op. cit._ p. 152.]
-
-[Footnote 152: von Humboldt, _op. cit._ v. 424 _sq._]
-
-[Footnote 153: von Martius, _op. cit._ i. 199 _sq._]
-
-[Footnote 154: Burrows, _Land of the Pigmies_, p. 149.]
-
-It would be very instructive to follow the history of cannibalism
-among those peoples who are, or have lately been, addicted to it,
-if we were able to do so; but the subject is mostly obscure. The
-most common change which we have had an opportunity to notice is
-the decline and final disappearance of the practice under
-European influence; but we must not assume that every change has
-been in the direction towards extinction. Among the East African
-Wadoe and Wabembe cannibalism is, according to their own account,
-of modern origin.[155] Mr. Torday informs me that among some of
-the Congo natives it is spreading in the present day. In the
-Solomon Islands it has recently extended itself; it is asserted
-by the elder natives of Florida that man's flesh was formerly
-never eaten except in sacrifice, and that human sacrifice is an
-innovation introduced from further west.[156] Erskine maintains
-that in Fiji cannibalism, though a very ancient custom, did not
-prevail in earlier times to the same extent as it did more
-recently;[157] and Mr. Fornander has arrived {580} at the
-conclusion that among the Polynesians this practice was not an
-original heirloom brought with them from their primitive homes in
-the Far West, but was adopted subsequently by a few of the tribes
-under conditions and circumstances now unknown.[158] For various
-reasons, then, it is an illegitimate supposition to regard the
-cannibalism of modern savages as a survival from the first
-infancy of mankind, or, more generally, from a stage through
-which the whole human race has passed.
-
-[Footnote 155: Burton, _Two Trips to Gorilla Land_, i. 214.]
-
-[Footnote 156: Codrington, _op. cit._ p. 343.]
-
-[Footnote 157: Erskine, _op. cit._ p. 272.]
-
-[Footnote 158: Fornander, _Account of the Polynesian Race_, i. 132.]
-
-As for the moral opinions about cannibalism, we may assume that
-peoples who abstain from it also generally disapprove of it, or
-would do so if they were aware of its being practised. Aversion,
-as we have often noticed, leads to moral indignation, especially
-where the moral judgment is little influenced by reflection.
-Another source of the condemnation of cannibalism may be
-sympathetic resentment resulting from the idea that the dead is
-annihilated or otherwise injured by the act, or from the feeling
-that it is an insult to him to use his body as an article of
-food; but this could certainly not be the origin of savages
-disapproval of eating their foes. Among civilised races, as well
-as among non-anthropophagous savages, horror or disgust is
-undoubtedly the chief reason why cannibalism is condemned as
-wrong. This emotion is often so intense that the same people
-whose moral feelings are little affected by a conquest, with all
-its horrors, made for the purpose of gain, shudder at the stories
-of wars waged by famished savages for the purpose of procuring
-human flesh for food. On the other hand, where the natural
-aversion to such food is for some reason or other overcome, the
-disapproval of cannibalism is in consequence no longer felt. But
-an attitude of moral indifference towards this practice has also
-been advocated on a totally different ground, by persons whose
-moral emotions are too much tempered by thought to allow them to
-pronounce an act as wrong simply because it creates in them {581}
-disgust. Thus, Montaigne argued that it is more barbarous to
-torture a man to death under colour of piety and religion than to
-roast and eat him after he is dead.[159] And he quotes with
-apparent agreement the opinion of some Stoic philosophers that
-there is no harm in feeding upon human carcases to avoid
-starvation.[160]
-
-[Footnote 159: Montaigne, _Essais_, i. 30.]
-
-[Footnote 160: Diogenes Laertius, _Vitæ philosophorum_, vii. 1.
-64 (121); vii. 7. 12 (188). Zeller, _Stoics_, p. 307.]
-
-
-
-
-CHAPTER XLVII
-
-THE BELIEF IN SUPERNATURAL BEINGS
-
-
-WE now come to the last of those six groups of moral ideas into
-which we have divided our subject--ideas concerning conduct
-towards beings, real or imaginary, that are regarded as
-supernatural. But before we enter upon a discussion of human
-behaviour in relation to such beings, it is necessary to say some
-words about man's belief in their existence and the general
-qualities attributed to them.
-
-Men distinguish between two classes of phenomena--"natural" and
-"supernatural,"[1] between phenomena which they are familiar with
-and, in consequence, ascribe to "natural causes," and other
-phenomena which seem to them unfamiliar, mysterious, and are
-therefore supposed to spring from causes of a "supernatural"
-character. We meet with this distinction at the lowest stages of
-culture known to us, as well as at higher stages. It may be that
-in the mind of a savage the natural and supernatural are often
-confused, and that no definite limit can be drawn between the
-phenomena which he refers to the one class and those which he
-refers to the other; but he certainly sees a difference between
-events of everyday occurrence or ordinary objects of nature and
-other events or objects which fill him with mysterious awe. The
-germ of such a {583} distinction is found even in the lower
-animal world. The horse fears the whip but it does not make him
-shy; on the other hand, he may shy when he sees an umbrella
-opened before him or a paper moving on the ground. The whip is
-well known to the horse, whereas the moving paper or umbrella is
-strange and uncanny. Dogs and cats are alarmed by an unusual
-noise or appearance, and remain uneasy till they have by
-examination satisfied themselves of the nature of its cause.[2]
-Professor Romanes frightened a dog by attaching a fine thread to
-a bone and surreptitiously drawing it from the animal, giving to
-the bone the appearance of self-movement; and the same dog was
-frightened by soap-bubbles.[3] Even a lion is scared by an
-unexpected noise or the sight of an unfamiliar object; a horse,
-the lion's favourite prey, has been known to wander for days in
-the vicinity of a troop of these animals and be left unmolested
-simply because it was blanketed and knee-haltered.[4] And we are
-told of a tiger which stood trembling and roaring in an ecstasy
-of fear when a mouse tied by a string to a stick had been
-inserted into its cage.[5] Little children are apt to be
-terrified by the strange and irregular behaviour of a feather as
-it glides along the floor or lifts itself into the air.[6]
-
-[Footnote 1: I do not share the objections raised by various
-writers to the term "supernatural." It has the sanction of common
-usage; and I consider it preferable to the word "superhuman,"
-when applied to inanimate things or animals which are objects of
-worship.]
-
-[Footnote 2: Morgan, _Animal Life and Intelligence_, p. 339.]
-
-[Footnote 3: Romanes, _Animal Intelligence_, 455 _sq._]
-
-[Footnote 4: Gillmore, quoted by King, _The Supernatural_, p. 80.]
-
-[Footnote 5: Basil Hall, quoted _ibid._ p. 81. See also _ibid._
-p. 78 _sqq._; Vignioli, _Myth and Science_, p. 58 _sqq._]
-
-[Footnote 6: Sully, _Studies of Childhood_, p. 205 _sq._]
-
-But the primitive mind not only distinguishes between the natural
-and the supernatural, it makes, practically, yet a further
-distinction. The supernatural, like the natural, may be looked
-upon in the light of mechanical energy, which discharges itself
-without the aid of any volitional activity. This is, for
-instance, the case with the supernatural force inherent in a
-tabooed object; mere contact with such an object communicates the
-taboo infection. So also the baneful energy in a curse is
-originally conceived as a kind of supernatural miasma, which
-injures or destroys anybody to whom it cleaves; in fact, to {584}
-taboo a certain thing commonly consists in charging it with a
-curse. On the other hand, supernatural qualities may also be
-attributed to the mental constitution of animate beings,
-especially to their will. Such an attribution makes them
-supernatural beings, as distinct from any ordinary individuals
-who, without being endowed with special miraculous gifts, may
-make use of supernatural mechanical energy in magical practices.
-This distinction is in many cases vague; a wizard may be looked
-upon as a god and a god as a wizard. But it is nevertheless
-essential, and is at the bottom of the difference between
-religion and magic. Religion may be defined as a belief in and a
-regardful[7] attitude towards a supernatural being on whom man
-feels himself dependent and to whose will he makes an appeal in
-his worship. Supernatural mechanical power, on the other hand, is
-applied in magic. He who performs a purely magical act utilises
-such power without making any appeal at all to the will of a
-supernatural being.[8]
-
-[Footnote 7: Though somewhat indefinite, the epithet "regardful"
-seems a necessary attribute of a religious act. We do not call it
-religion when a savage flogs his fetish to make it submissive.]
-
-[Footnote 8: See _infra_, Additional Notes.]
-
-This, I think, is what we generally understand by religion and
-magic. But in the Latin word _religio_ there seems to be no
-indication of such a distinction. _Religio_ is probably related
-to _religare_, which means "to tie." It is commonly assumed that
-the relationship between these words implies that in religion man
-was supposed to be tied by his god. But I venture to believe that
-the connection between them allows of another and more natural
-interpretation--that it was not the man who was tied by the god,
-but the god who was tied by the man. This interpretation was
-suggested to me by certain ideas and practices prevalent in
-Morocco. The Moors are in the habit of tying rags to objects
-belonging to a _síyid_, that is, a place where a saint has, or is
-supposed to have, his grave, or where such a person is said to
-have sat or camped. In very many cases, at least, this tying of
-rags is _[(]âr_ upon the {585} saint, and _l-[(]âr_ implies the
-transference of a conditional curse.[9] Thus, in the Great Atlas
-Mountains I found a large number of rags tied to a pole which was
-stuck in a cairn dedicated to the great saint Mûlai
-[(]Abd-[)u]l-[k.]âder, and when I asked for an explanation
-the answer was that petitioners generally fasten a strip of their
-clothes to the pole muttering some words like these:--"O saint,
-behold! I promised thee an offering, and I will not release
-(literally 'open') thee until thou attendest to my business." If
-the petitioner's wish is fulfilled he goes back to the place,
-offers the sacrifice which he promised, and unties the knot which
-he made. A Berber servant of mine from Aglu in Sûs told me that
-once when in prison he invoked Lälla R[)a][h.]ma Yusf, a great
-female saint whose tomb is in a neighbouring district, and tied
-his turban, saying, "I am tying thee, Lälla R[)a][h.]ma Yusf, and
-I am not going to open the knot till thou hast helped me." Or a
-person in distress will go to her grave and knot the leaves of
-some palmetto growing in its vicinity, with the words, "I tied
-thee here, O saint, and I shall not release thee unless thou
-releasest me from the toils in which I am at present." All this
-is what we should call magic, but the Romans would probably have
-called it _religio_. They were much more addicted to magic than
-to true religion; they wanted to compel the gods rather than to
-be compelled by them. Their _religio_ was probably nearly akin to
-the Greek [Greek: kata/desmos], which meant not only an ordinary
-tie, but also a magic tie or knot or a bewitching thereby.[10]
-Plato speaks of persons who with magical arts and incantations
-bound the gods, as they said, to execute their will.[11] That
-_religio_, however, from having originally a magical
-significance, {586} has come to be used in the sense which we
-attribute to the term "religion," is not difficult to explain.
-Men make use of magic not only in relation to their fellow men,
-but in relation to their gods. Magical and religious elements are
-often almost inseparably intermingled in one and the same act;
-and, as we shall soon see, the magical means of constraining a
-god are often externally very similar to the chief forms of
-religious worship, prayer and sacrifice.
-
-[Footnote 9: See Westermarck, '_L-[(]âr_, or the Transference of
-Conditional Curses in Morocco,' in _Anthropological Essays
-presented to E. B. Tylor_, p. 361 _sqq._]
-
-[Footnote 10: I am indebted to my friend Mr. R. R. Marett for
-drawing my attention to this meaning of the word [Greek:
-kata/desmos]. So also the verb [Greek: katade/ô] means not only
-"to tie" but "to bind by magic knots" (Athenaeus, _Deipnosophistæ_,
-xv. 9, p. 670; Dio Cassius, _Historia Romana_, l. 5), and [Greek:
-kata/desis] is used to denote "a binding by magic knots" (Plato,
-_Leges_, xi. 933). See Liddell-Scott, _Greek-English Lexicon_,
-p. 754; Harrison, _Prolegomena to the Study of Greek Religion_,
-p. 138 _sqq._]
-
-[Footnote 11: Plato, _Respublica_, ii. 364.]
-
-That mystery is the essential characteristic of supernatural
-beings is proved by innumerable facts. It is testified by
-language. The most prominent belief in the religion of the North
-American Indians was their theory of _manitou_, that is, of "a
-spiritual and mysterious power thought to reside in some material
-form." The word is Algonkin, but all the tribes had some
-equivalent for it.[12] Thus the Dacotahs express the essential
-attribute of their deities by the term _wakan_, which signifies
-anything which they cannot comprehend, "whatever is wonderful,
-mysterious, superhuman, or supernatural."[13] The Navaho word
-_d[)i]g[)i]'n_ likewise means "sacred, divine, mysterious, or
-holy";[14] and so does the Hidatsa term _mahopa_.[15] In Fiji
-"the native word expressive of divinity is _kalou_, which, while
-used to denote the people's highest notion of a god, is also
-constantly heard as a qualification of anything great or
-marvellous."[16] The Maoris of New Zealand applied the word
-_atua_, which is generally translated as "god," not only to
-spirits of every description, but to various phenomena not
-understood, such as menstruation and foreign marvels, a compass
-for instance, or a barometer.[17] The natives of Madagascar,
-{587} says Ellis, designate by the term _ndriamanitra_, or god,
-everything that exceeds the capacity of their understanding.
-"Whatever is new and useful and extraordinary, is called god. . . .
-Rice, money, thunder and lightning, and earthquakes, are all
-called god. . . . _Taratasy_, or book, they call god, from its
-wonderful capacity of speaking by merely looking at it."[18] The
-Monbuttu use the word _kilima_ for anything they do not
-understand--the thunder, a shadow, the reflection in water, as
-well as the supreme being in which they vaguely believe.[19] The
-Masai conception of the deity (_ng[)a]i_), says Dr. Thomson,
-"seems to be marvellously vague. I was Ng[)a]i. My language was
-Ng[)a]i. Ng[)a]i was in the steaming holes. . . . In fact,
-whatever struck them as strange or incomprehensible, that they at
-once assumed had some connection with Ng[)a]i."[20] Mr. and Mrs.
-Hinde use "the Unknown" as their equivalent of the word _ng[)a]i_.[21]
-
-[Footnote 12: Dorman, _Origin of Primitive Superstitions_, p.
-226. Parkman, _Jesuits in North America_, p. lxxix. Brinton,
-_Religions of Primitive Peoples_, p. 102. Hoffman, 'Menomini
-Indians,' in _Ann. Rep. Bur. Ethn._ xiv. 39, n. 1.]
-
-[Footnote 13: Schoolcraft, _Archives of Aboriginal Knowledge_,
-iv. 642. Dorsey, 'Siouan Cults,' in _Ann. Rep. Bur. Ethn._ xi.
-366. McGee, 'Siouan Indians,' _ibid._ xv. 182 _sq._]
-
-[Footnote 14: Matthews, _Navaho Legends_, p. 37.]
-
-[Footnote 15: _Idem_, _Hidatsa Indians_, p. 47 _sq._]
-
-[Footnote 16: Williams and Calvert, _Fiji_, p. 183.]
-
-[Footnote 17: Best, 'Lore of the Whare-Kohanga,' in _Jour.
-Polynesian Soc._ xiv. 210. Dieffenbach, _Travels in New Zealand_,
-ii. 116, 118. The word _tupua_ (or _tipua_) is used in a very
-similar way (Tregear, _Maori-Polynesian Comparative Dictionary_,
-p. 557).]
-
-[Footnote 18: Ellis, _History of Madagascar_, i. 390 _sqq._]
-
-[Footnote 19: Burrows, _Land of the Pigmies_, p. 100.]
-
-[Footnote 20: Thomson, _Through Masai Land_, p. 260.]
-
-[Footnote 21: Hinde, _Last of the Masai_, p. 99.]
-
-The testimony of language is corroborated by kindred facts
-referring to the nature of those objects which are most commonly
-worshipped.[22] Among all the American tribes, says Mr. Dorman,
-"any remarkable features in natural scenery or dangerous places
-became objects of superstitious dread and veneration, because
-they were supposed to be abodes of gods."[23] A great cataract, a
-difficult and dangerous ford in a river, a spring bubbling up
-from the ground, a volcano, a high mountain, an isolated rock, a
-curious or unusually large tree, the bones of the mastodon or of
-some other immense animal--all were looked upon by the Indians
-with superstitious respect {588} or were propitiated by
-offerings.[24] In Fiji "every object that is specially fearful,
-or vicious, or injurious, or novel," is eligible for admission to
-the native Pantheon.[25] It is said that when the Aëtas of the
-Philippines saw the first locomotive passing through their
-country "they all fell upon their knees in abject terror,
-worshipping the strange monster as some new and powerful
-deity."[26] Of the shamanistic peoples in Siberia Georgi writes,
-"All the celestial bodies, and all terrestrial objects of a
-considerable magnitude, all the phenomena of nature that can do
-good or harm, every appearance capable of conveying terror into a
-weak and superstitious mind, are so many gods to whom they direct
-a particular adoration."[27] Among the Samoyedes "a curiously
-twisted tree, a stone with an uncommon shape would receive, and
-in some quarters still receives, not only veneration but actual
-ceremonial worship."[28] Castrén states that the Ostyaks
-worshipped no other objects of nature but such as were very
-unusual and peculiar either in shape or quality.[29] The Lapps
-made offerings not only to large and strange-looking objects, but
-to places which were difficult to pass, or where some accident
-had occurred, or where they had been either exceptionally unlucky
-or exceptionally lucky in fishing or the chase.[30] The Ainu of
-Japan deify all objects and phenomena which seem to them
-extraordinary or dreadful.[31] In China "a steep mountain, or any
-mountain at all remarkable, is supposed to have a special local
-spirit, who acts as guardian."[32] The average middle-class
-Hindu, according to Sir Alfred Lyall, worships stocks or stones
-which are unusual or grotesque in size, shape, or position; or
-inanimate things which are gifted with mysterious {589} motion;
-or animals which he fears; or visible things, animate or
-inanimate, which are directly or indirectly useful and profitable
-or which possess any incomprehensible function or property.[33]
-From all parts of Africa we hear of similar cults.[34] The
-Negroes of Sierra Leone dedicate to their spirits places which
-"inspire the spectator with awe, or are remarkable for their
-appearance, as immensely large trees rendered venerable by age,
-rocks appearing in the midst of rivers, and having something
-peculiar in their form, in short, whatever appears to them
-strange or uncommon."[35] When Tshi-speaking natives of the Gold
-Coast take up their abode near any remarkable natural feature or
-object, they worship and seek to propitiate its indwelling
-spirit; whereas they do not worship any of the heavenly bodies,
-the regularity of whose appearance makes little impression upon
-their minds.[36] Throughout East Africa the people seem to attach
-religious sanctity to anything of extraordinary size; in the
-island of Zanzibar, where the hills are low, they reverence the
-baobab tree, which is the largest growing there, and in all parts
-of the country where hills are not found they worship some great
-stone or tall tree.[37] In Morocco places of striking appearance
-are generally supposed to be haunted by _jnûn_ (_jinn_) or are
-associated with some dead saint.[38] As I have elsewhere tried to
-show, the Arabic _jinn_ were probably "beings invented to explain
-what seems to fall outside the ordinary pale of nature, the
-wonderful and unexpected, the superstitious imaginations of men
-who fear";[39] and the saint was in many cases only the successor
-of the _jinn_. Indeed, the superstitious dread of unusual objects
-is not altogether dead even among ourselves.{590} It survives in
-England to this day in the habit of ascribing grotesque and
-striking landmarks or puzzling antiquities to the Devil, who
-became the residuary legatee of obsolete pagan superstitions in
-Christian countries.[40]
-
-[Footnote 22: See, besides the instances referred to below,
-Karsten, _Origin of Worship_, p. 14 _sqq._; von Brenner, _Besuch
-bei den Kannibalen Sumatras_, p. 220 (Bataks); _Mitteil. d.
-Geograph. Gesellsch. zu Jena_, iii. 14 (Bannavs, between Siam and
-Annam). In Lord Kames's _Essays on the Principles of Morality and
-Religion_ there is (p. 309 _sqq._) an interesting discussion on
-the dread of unknown objects.]
-
-[Footnote 23: Dorman, _op. cit._ p. 300. See also Müller,
-_Geschichte der Amerikanischen Urreligionen_, i. 52; Harmon,
-_Voyages and Travels in the Interior of North America_, p. 363
-_sq._; Smith, 'Myths of the Iroquois,' in _Ann. Rep. Bur. Ethn._
-ii. 51.]
-
-[Footnote 24: Dorman, _op. cit._ pp. 279, 290, 291, 302, 303,
-308, 313-315, 319. Chamberlain, in _Jour. American Folk-Lore_,
-i. 157 (Mississagua Indians). Georgi, _Russia_, iii. 237 _sq._
-(Aleuts.)]
-
-[Footnote 25: Williams and Calvert, _op. cit._ p. 183.]
-
-[Footnote 26: Lala, _Philippine Islands_, p. 96.]
-
-[Footnote 27: Georgi, _op. cit._ iii. 256.]
-
-[Footnote 28: Jackson, in _Jour. Anthr. Inst._ xxiv. 398. _Cf._
-Castrén, _Nordiska resor och forskningar_, iii. 230.]
-
-[Footnote 29: Castrén, _op. cit._ iii. 227.]
-
-[Footnote 30: _Ibid._ iii. 210. Högström, _Beskrifning öfver de
-til Sveriges Krona lydande Lapmarker_, p. 182. Leem, _Beskrivelse
-over Finmarkens Lapper_, p. 442 _sq._ Friis, _Lappish Mythologi_,
-p. 133 _sq._]
-
-[Footnote 31: Sugamata, quoted in _L'Anthropologie_, x. 98.]
-
-[Footnote 32: Edkins, _Religion in China_, p. 221.]
-
-[Footnote 33: Lyall, _Asiatic Studies_, p. 7.]
-
-[Footnote 34: Wilson, _Western Africa_, p. 388 (Mpongwe).
-Mockler-Ferryman, _British Nigeria_, p. 255. Fritsch, _Die
-Eingeborenen Süd-Afrika's_, p. 340 (Hottentots).]
-
-[Footnote 35: Winterbottom, _Native Africans of Sierra Leone_,
-i. 223.]
-
-[Footnote 36: Ellis, _Yoruba-speaking Peoples of the Slave
-Coast_, p. 282. _Idem_, _Tshi-speaking Peoples of the Gold
-Coast_, p. 21.]
-
-[Footnote 37: Chanler, _Through Jungle and Desert_, p. 188.]
-
-[Footnote 38: See Westermarck, _The Moorish Conception of
-Holiness (Baraka)_, _passim_.]
-
-[Footnote 39: _Idem_, 'Nature of the Arab _[vG]inn_,' in _Jour.
-Anthr. Inst._ xxix. 268.]
-
-[Footnote 40: Lyall, _op. cit._ p. 9.]
-
-The common prevalence of animal worship is no doubt due to the
-mysteriousness of the animal world; the most uncanny of all
-creatures, the serpent, is also the one most generally
-worshipped. Throughout India we meet with the veneration of
-animals which by their appearance or habits startle human
-beings.[41] In the Indian tribes of North America animals of an
-unusual size were objects of some kind of adoration.[42] In
-certain parts of Africa a cock crowing in the evening or a crane
-alighting on a house-top is regarded as supernatural.[43] White
-men have often been taken for spirits by red, yellow, or black
-savages, when seen by them for the first time.[44] Religious
-veneration is among various races bestowed on persons suffering
-from some abnormality, such as deformity, albinoism, or
-madness.[45] Some South American Indians "regard as divinities
-all phenomenal children, principally such as are born with a
-larger number of fingers or toes than is natural."[46] The Hindus
-venerate persons remarkable for any extraordinary qualities great
-valour, virtue, or even vice.[47] By performing miracles men
-directly prove that they are supernatural beings. The Muhammedan
-saints, like the Christian in olden days, are believed to perform
-all kinds of wonders, such as flying in the air, passing unhurt
-{591} through fire, walking upon water, transporting themselves
-in a moment of time to immense distances, or supporting
-themselves and others with food in desert places.[48] When
-Muhammed first claimed to be the Prophet of Allah, he was urged
-to give proof of his calling by working some miracle; and though
-he uniformly denied that he possessed such power, it was
-nevertheless ascribed to him even by his contemporaries.[49]
-
-[Footnote 41: _Ibid._ p. 13.]
-
-[Footnote 42: Dorman, _op. cit._ p. 258. Harmon, _op. cit._ p. 364.]
-
-[Footnote 43: Macdonald, _Religion and Myth_, p. 39.]
-
-[Footnote 44: Avebury, _Origin of Civilisation_, pp. 272, 273,
-375. Goblet d'Alviella, _Hibbert Lectures on the Origin and
-Growth of the Conception of God_, p. 67. Schultze,
-_Fetischismus_, p. 224. In Australia and elsewhere white people
-were taken for ghosts by the natives (Fison and Howitt,
-_Kamilaroi and Kurnai_, p. 248; Brough Smyth, _Aborigines of
-Victoria_, ii. 269 _sq._; Tylor, _Primitive Culture_, ii. 5
-_sq._; Spencer, _Principles of Sociology_, i. 170 _sq._).]
-
-[Footnote 45: Schultze, _op. cit._ p. 222. _Supra_, i. 270 _sq._
-"Among many savage or barbarous peoples of the world albinos have
-been reserved for the priestly office" (Bourke, 'Medicine-Men of
-the Apache,' in _Ann. Rep. Bur. Ethn._ ix. 460).]
-
-[Footnote 46: Guinnard, _Three Years' Slavery among the
-Patagonians_, p. 144.]
-
-[Footnote 47: Monier-Williams, _Br[=a]hmanism and Hind[=u]ism_,
-p. 350. For criminal-worship in Sicily, see Peacock, 'Executed
-Criminals and Folk-Medicine,' in _Folk-Lore_, vii. 275.]
-
-[Footnote 48: Lane, _Arabian Society in the Middle Ages_, p. 49.
-Westermarck, 'Sul culto del santi nel Marocco,' in _Actes du XII.
-Congrès International des Orientalistes_, iii. 153 _sqq._ _Idem_,
-_The Moorish Conception of Holiness_, p. 77 _sqq._]
-
-[Footnote 49: Muir, _Life of Mahomet_, i. p. lxv. _sq._ Bosworth
-Smith, _Mohammed and Mohammedanism_, p. 19. Sell, _Faith of
-Islám_, p. 218.]
-
-The dead are objects of worship much more commonly than are the
-living. Whilst the human individual consisting of body and soul
-is as a rule well-known, the disembodied soul, seen only in
-dreams or visions, is a mysterious being which inspires the
-survivors with awe. Mr. Spencer and Mr. Grant Allen even regard
-the worship of the dead as "the root of every religion."[50] But
-this is to carry the ghost theory to an extreme for which there
-is no justification in facts. The spirits of the dead are
-worshipped because they are held capable of influencing, in a
-mysterious manner, the welfare of the living; but there is no
-reason to assume that they were originally conceived as the only
-supernatural agents existing. We have noticed that even the lower
-animals show signs of the same feeling as underlies the belief in
-supernatural beings; and we can hardly suppose that they are
-believers in ghosts.
-
-[Footnote 50: Spencer, _Principles of Sociology_, i. 411. Grant
-Allen, _The Evolution of the Idea of God_, pp. 91, 433, 438, &c.]
-
-On account of their wonderful effects medicines, intoxicants, and
-stimulants, are frequently objects of veneration. Most of the
-plants for which the American Indians had superstitious feelings
-were such as have medical qualities;[51] tobacco was generally
-held sacred by them,[52] and so was cocoa in Peru.[53] The Vedic
-deification {592} of the drink _soma_ was due to its exhilarating
-and invigorating effects.[54]
-
-[Footnote 51: Dorman, _op. cit._ p. 298 _sq._ Dorsey, 'Siouan
-Cults,' in _Ann. Rep. Bur. Ethn._ xi. 428.]
-
-[Footnote 52: Mooney, 'Myths of the Cherokee,' in _Ann. Rep. Bur.
-Ethn._ xix. 439. Dorman, _op. cit._ p. 295.]
-
-[Footnote 53: Dorman, _op. cit._ p. 295.]
-
-[Footnote 54: Whitney, 'Vedic Researches in Germany,' in _Jour.
-American Oriental Soc._ iii. 299. Macdonell, _Vedic Mythology_,
-p. 108.]
-
-Among all the phenomena of nature none is more wonderful,
-impressive, awe-inspiring than thunder, and none seems more
-generally to have given rise to religious veneration. But with
-growing reflection man finds a mystery even in events of daily
-occurrence. The Vedic poet, when he sees the sun moving freely
-through the heavens, asks how it comes that it does not fall
-downward, although "unpropped beneath, not fastened firm, and
-downward turned";[55] and it seems to him a miracle that the
-sparkling waters of all rivers flow into one ocean without ever
-filling it.[56] "Verily," says the Koran, "in the creation of the
-heavens and the earth, and in the succession of night and day,
-are signs to those possessed of minds."[57]
-
-[Footnote 55: _Rig-Veda_, iv. 13. 5.]
-
-[Footnote 56: _Ibid._ v. 85. 6.]
-
-[Footnote 57: _Koran_, iii. 87.]
-
-The attribution of miraculous power to a certain object or being
-may be due to direct experience of some effect produced by it, as
-in the case of a medical plant, or a poisonous snake, or a
-miracle-working spring, or a Christian or Muhammedan saint. Or it
-may be based on the inference that objects with a strange and
-mysterious appearance also possess strange and mysterious powers.
-This inference, too, is in a way supported by facts. The unusual
-appearance of the object makes an impression on the person who
-sees it, and predisposes him to the belief that the object is
-endowed with secret powers. If then anything unusual actually
-happens in its neighbourhood or shortly after it has been seen,
-the strange event is attributed to the influence of the strange
-object. Thus a Siberian tribe came to regard the camel as the
-small-pox demon because, just when the animal had appeared among
-them for the first time with a passing caravan, the small-pox
-broke out.[58] Of the British Guiana Indian we are {593} told by
-Sir E. F. Im Thurn that if his eye falls upon a rock in any way
-abnormal or curious, and if shortly after any evil happens to
-him, he regards rock and evil as cause and effect, and perceives
-a spirit in the rock.[59] With the lapse of time the data of
-experience readily increase. If a certain object has gained the
-reputation of being supernatural, it is looked upon as the cause
-of all kinds of unusual events which may possibly be associated
-with it. When I visited the large cave Imi-nta[k.][k.]ándut in
-the Great Atlas Mountains, the interior of which is said to
-contain a whole spirit city, my horse happened to stumble on my
-way back to my camp, and fell upon one of my servants who was
-carrying a gun. The gun was broken and the man became lame for
-some days. I was told that the accident was caused by the cave
-spirits, because they were displeased at my visit. When the
-following day I again passed the cave with my little caravan,
-heavy rain began to fall; and now the rain was attributed to the
-ill-temper of the spirits.
-
-[Footnote 58: Tiele, _Elements of the Science of Religion_, i. 70.]
-
-[Footnote 59: Im Thurn, _Indians of Guiana_, p. 354.]
-
-Startling events are ascribed to the activity not only of
-visible, but of invisible supernatural agents. Thus sudden or
-strange diseases are, at the lower stages of civilisation,
-commonly supposed to be occasioned by a supernatural being, which
-has taken up its abode in the sick person's body, or otherwise
-sent the disease.[60] Among the Maoris, for instance, "each
-disease was supposed to be occasioned by a different god, who
-resided in the part affected."[61] The Australian Kurnai maintain
-that phthisis, pneumonia, bowel complaints, and insanity are
-produced by an evil spirit, "who is like the wind."[62] According
-to Moorish beliefs convulsions, epileptic or paralytic fits,
-rheumatic or neuralgic pains, and certain rare and violent
-epidemics, like the cholera, are caused by spirits, which either
-strike their victim, or enter his body, or sometimes, in the case
-of an epidemic, shoot at the {594} people with poisonous arrows.
-Indeed, unexpected events of every kind are readily ascribed to
-supernatural influence, in Morocco and elsewhere. Among the North
-American Indians "the storms and tempests were generally thought
-to be produced by aërial spirits from hostile lands."[63] Among
-the Hudson Bay Indians "everything not understood is attributed
-to the working of one of the numerous spirits."[64] "Dans toute
-l'Afrique," says M. Duveyrier in his description of the Touareg,
-"il n'y a pas un individu, éclairé ou ignare, instruit ou
-illettré, qui n'attribue aux génies tout ce qui arrive
-d'extraordinaire sur la terre."[65] Of the South African natives
-Livingstone writes, "Everything not to be accounted for by common
-causes, whether of good or evil, is ascribed to the Deity."[66]
-With the progress of science the chain of natural causes is
-extended, and, as Livy puts it, it is left to superstition alone
-to see the interference of the deity in trifling matters. Among
-ourselves the ordinary truths of science are so generally
-recognised that in this domain God is seldom supposed to
-interfere. On the other hand, with regard to social events, the
-causes of which are often hidden, the idea of Providence is still
-constantly needed to fill up the gap of human ignorance.
-
-[Footnote 60: Tylor, _Primitive Culture_, ii. 146 _sqq._
-Schneider, _Die Naturvölker_, i. 217. Bartels, _Die Medicin der
-Naturvölker_, p. 27 _sqq._ Höfler, 'Krankheits-Dämonen,' in
-_Archiv für Religionswissenschaft_, ii. 86 _sqq._ Karsten, _op.
-cit._ p. 27 _sqq._]
-
-[Footnote 61: Taylor, _Te Ika a Maui_, p. 137.]
-
-[Footnote 62: Fison and Howitt, _op. cit._ p. 250.]
-
-[Footnote 63: Dorman, _op. cit._ p. 350.]
-
-[Footnote 64: Turner, 'Ethnology of the Ungava District,' in
-_Ann. Rep. Bur. Ethn._ xi. 272.]
-
-[Footnote 65: Duveyrier, _Exploration du Sahara_, p. 418. See
-also Schneider, _Religion der afrikanischen Naturvölker_, p. 103.]
-
-[Footnote 66: Livingstone, _Expedition to the Zambesi_, p. 521
-_sq._]
-
-Man's belief in supernatural agents, then, is an attempt to
-explain strange and mysterious phenomena which suggest a
-volitional cause.[67] The assumed cause is the will of a
-supernatural being. Such beings are thus, in the first place,
-conceived as volitional. But a being which has a will must have a
-mind, with emotions, desires, and a certain amount of
-intelligence. Neither the savage nor ourselves can imagine a
-volitional being {595} which has nothing but a will. If an object
-of nature, therefore, is looked upon as a supernatural agent,
-mentality and life are at the same time attributed to it as a
-matter of course. This I take to be the real origin of animism.
-It is not correct to say that "as the objects of the visible
-world are conceived as animated, volitional, and emotional, they
-may be deemed the originators of those misfortunes of which the
-true cause is unknown."[68] This is to reverse the actual order
-of ideas. Inanimate things are conceived as volitional,
-emotional, and animate, _because_ they are deemed the originators
-of startling events. The savage does not speculate upon the
-nature of things unless he has an interest in doing so. He is not
-generally inquisitive as to causes.[69] The natives of West
-Australia, says Eyre, "are not naturally a reasoning people, and
-by no means given to the investigation of causes or their
-effects."[70] In matters not concerning the common wants of life
-the mind of the Brazilian Indian is a blank.[71] When Mungo Park
-asked some negroes, what became of the sun during the night? they
-considered his question a very childish one; "they had never
-indulged a conjecture, nor formed any hypothesis, about the
-matter."[72] I often found the Beduins of Morocco extremely
-curious, but their curiosity consisted in the question, What?
-rather than in the question, Why?
-
-[Footnote 67: Already Hobbes (_Leviathan_, i. 12, p. 79) traced,
-in part, the origin of religion to the fact that when man cannot
-assure himself of the true causes of things, he supposes causes
-of them. See also Meiners, _Geschichte der Religionen_, i. 16.]
-
-[Footnote 68: Peschel, _Races of Man_, p. 245.]
-
-[Footnote 69: _Cf._ Spencer, _Principles of Sociology_, i. 86
-_sq._; Karsten, _op. cit._ p. 43 _sq._]
-
-[Footnote 70: Eyre, _Expeditions of Discovery into Central
-Australia_, ii. 355.]
-
-[Footnote 71: Bates, _The Naturalist on the River  Amazons_, ii. 163.]
-
-[Footnote 72: Mungo Park, _Travels in the Interior of Africa_, i. 413.]
-
-Whilst belief in supernatural agents endowed with a will made the
-savage an animist, the idea that a mind presupposes a body, when
-thought out, led to anthropomorphism. Impossible as it is to
-imagine a will without a mind, it is hardly less impossible to
-imagine a mind without a body. The immaterial soul is an
-abstraction to which has been attributed a metaphysical reality,
-but of which no clear conception can be formed. As Hobbes
-observed, the opinion that spirits are incorporeal or immaterial,
-"could {596} never enter into the mind of any man by nature;
-because, though men may put together words . . . . as _Spirit_
-and _Incorporeall_; yet they can never have the imagination of
-anything answering to them."[73] Descartes himself frankly
-confessed, "What the soul itself was I either did not stay to
-consider, or, if I did, I imagined that it was something
-extremely rare and subtile, like wind, or flame, or ether, spread
-through my grosser parts."[74] The supernatural agents were
-consequently of necessity considered to possess a more or less
-material constitution. The disembodied human soul which the
-savage saw in dreams or visions, in the shadow or the reflection,
-was only the least material being which he could imagine; and
-when raised to the dignity of an ancestor-god, it by no means
-lost its materiality, but, on the contrary, tended to acquire a
-more substantial body.
-
-[Footnote 73: Hobbes, _op. cit._ i. 12, p. 80.]
-
-[Footnote 74: Descartes, _Meditationes_, 2, p. 10.]
-
-Of a grosser substantiality and very unlike the human shape are
-the inanimate objects of nature which receive divine veneration.
-It has been said of savages that they do not worship the thing
-itself, only the spirit dwelling in it. But such a distinction
-cannot be primitive. The natural object is worshipped because it
-is believed to possess supernatural power, but it is nevertheless
-the object itself that is worshipped.[75] Castrén, who combined
-great personal experience with unusual acuteness of judgment,
-states that the Samoyedes do not know of any spirits attached to
-objects of nature, but worship the objects as such; "in other
-words, they do not separate the spirit from the matter, but adore
-the thing in its totality as a divine being."[76] Of the
-deification of the Nerbudda river Sir W. H. Sleeman likewise
-observes, "As in the case of the Ganges, it is the river itself
-to whom they address themselves, and not to any deity residing in
-it, or presiding over it--the stream itself is the deity which
-fills their imaginations, and receives their {597} homage."[77]
-The animist who endows an inanimate object with a soul regards
-the visible thing itself as its body.[78] How a being with such a
-body, like a tree or a stone, can hear the words of men, can see
-their doings, and can partake of the food they offer, might be
-difficult to explain--if it had to be explained. But, as I have
-said, the inquisitiveness of savage curiosity does not go to the
-roots of things, and religion is in its essence mystery.
-
-[Footnote 75: _Cf._ Tiele, _Max Müller und Fritz Schultze über
-ein Problem der Religionswissenschaft_, p. 35; Parkman, _op.
-cit._ p. lxvii. (North American Indians).]
-
-[Footnote 76: Castrén, _op. cit._ iii. 192. _Cf._ _ibid._ iii.
-161, 200 _sq._]
-
-[Footnote 77: Sleeman, _Rambles and Recollections of an Indian
-Official_, i. 20.]
-
-[Footnote 78: Castrén, _op. cit._ iii. 164 _sq._]
-
-However, in proportion as a supernatural being comes more and
-more to occupy the thoughts of its worshippers and to stir their
-imagination, a more distinct personality is attributed to it; and
-at length neither the ethereal or vaporous materiality of a
-departed human soul, nor the crude substantiality of an inanimate
-object is considered a satisfactory body for such a being. It is
-humanised also with regard to its essential shape. The Koriaks of
-Siberia believe "that objects and phenomena of nature conceal an
-anthropomorphic substance underneath their outer forms"; but they
-also show the first signs of a belief in spiritual owners or
-masters ruling over certain classes of things or over large
-objects.[79] The supernatural being which is originally embodied
-in a natural phenomenon is gradually placed behind it. In the
-Vedic hymns we may study this anthropomorphism as a process in
-growth. The true gods of the Veda are almost without exception
-the deified representatives of the phenomena or forces of
-nature,[80] which are personified, though in varying degrees.
-When the name of the god is the same as that of his natural
-basis, the personification has not yet advanced beyond the
-rudimentary stage; names like Dyaus ("heaven"), P[r.]thiv[=i]
-("earth"), S[=u]rya ("sun"), U[s.]as ("dawn"), represent the
-double character of natural phenomena and of the personalities
-presiding over them. Speaking of the nature of the gods, the
-ancient Vedic interpreter Y[=a]ska remarks that "what is seen of
-the gods is certainly not {598} anthropomorphic, for example the
-sun, the earth, and so forth."[81] Again, when the name of the
-god is different from that of the physical substance he is
-supposed to inhabit, the anthropomorphism is more developed,
-though never very distinct. The Vedic people always recognised
-behind its gods the natural forces of which they were the
-expression, and their physical appearance often only represents
-aspects of their natural bases figuratively described to
-illustrate their activities. The sun is spoken of as the eye with
-which Varuna observes mankind;[82] or it is said that the
-all-seeing sun, rising from his abode, goes to the dwellings of
-Mitra and Varuna to report the deeds of men.[83] Even to this day
-the Hindu, to whatever sect he may belong, does homage to the
-rising sun every morning of his life by repeating a text of the
-Veda.[84] The god does not very readily change his old solid body
-for another which, though more respectable, has the disadvantage
-of being invisible. The simple unreflecting mind finds it easier
-to worship a material thing which may be seen, than a hidden god,
-however perfect in shape. To the common Japanese the sun is still
-the god to whom he prays morning and evening.[85] Whilst Chinese
-scholars declare that the sacrifice offered to Heaven "is
-assuredly not addressed to the material and sensible heaven,
-which our eyes see, but to the Master of heaven, earth, and all
-things,"[86] the people are less metaphysical; and the Russian
-peasant to this day makes an appeal to the Svarog of the old
-religion when crying, "Dost thou hear, O Sky? dost thou see, O
-Sky?"[87] That the worship of animals survives at comparatively
-late stages of civilisation is probably due to the double
-advantage of their bodies being both visible and animate.
-
-[Footnote 79:  Jochelson, 'Koryak Religion and Myth,' in _Jesup
-North Pacific Expedition_, vi. 115, 118.]
-
-[Footnote 80: Oldenberg, _Religion des Veda_, p. 591 _sqq._]
-
-[Footnote 81: _Nirukta_, vii. 4, quoted by Hopkins, _Religions of
-India_, p. 209.]
-
-[Footnote 82: _Rig-Veda_, i. 50. 6. Hopkins, _op. cit._ p. 67.
-_Cf._ _Rig-Veda_, i. 25. 10 _sq._; i. 136. 2.]
-
-[Footnote 83: _Rig-Veda_, vii. 60. 1 _sq._ See Macdonell, _op.
-cit._ pp. 2, 15, 17, 23; Muir, _Original Sanskrit Texts_, v. 6;
-Barth, _Religions of India_, p. 178; Oldenberg, _Religion des
-Veda_, p. 591 _sqq._]
-
-[Footnote 84: Monier-Williams, _Br[=a]hmanism and Hind[=u]ism_,
-p. 342.]
-
-[Footnote 85: Griffis, _Religions of Japan_, p. 87.]
-
-[Footnote 86: Legge, _Notions of the Chinese concerning God and
-Spirits_, p. 38.]
-
-[Footnote 87: Ralston, _Songs of the Russian People_, p. 362.]
-
-{599} But though man created his gods in his own image and
-likeness, endowing them with a mind and a body modelled after his
-own, he never lost sight of the difference between him and them.
-He always ascribed to them a superior power of action; otherwise
-they would have been no gods at all. In many cases, at least, he
-also attributed to them a superior knowledge. The Bechuanas
-maintain that their gods are much wiser than they are
-themselves.[88] In the admonitions of an Aztek mother to her
-daughter reference is made to a god who "sees every secret
-fault."[89] The gods of the Greeks and Romans were possessed of
-superhuman wisdom,[90] and so was Yahveh. It is true that the
-anthropomorphic god acquires knowledge of the affairs of men
-through his senses. When hearing the cry of Sodom and Gomorrah,
-Yahveh said, "I will go down now, and see whether they have done
-altogether according to the cry of it, which is come unto me; and
-if not, I will know."[91] But the senses of a god are generally
-superior to those of a man. "A god," says Orestes, "can hear even
-from a distance."[92] Varuna has an all-seeing eye, and the
-Zoroastrian Mithra has a thousand ears and ten thousand eyes.[93]
-In other respects, also, the bodies of gods excel the bodies of
-men. Sometimes they are more beautiful, sometimes they have a
-gigantic shape. When Ares is felled to the ground by the stone
-flung by Athene, his body covers seven roods of land. [94] When
-Here takes a solemn oath, she grasps the earth with one hand and
-the sea with the other.[95] In three steps Poseidon goes an
-immense distance;[96] in three paces Vishnu traverses earth, air,
-and sky.[97]
-
-[Footnote 88: Arbousset and Daumas, _Exploratory Tour to the
-North-East of the Colony of the Cape of Good Hope_, p. 341.]
-
-[Footnote 89: Sahagun, _Historia general de las cosas de Nueva
-España_, vi. 19, vol. ii. 131.]
-
-[Footnote 90: _Cf._ Westcott, _Essays in the History of Religious
-Thought_, p. 101.]
-
-[Footnote 91: _Genesis_, xviii. 20 _sq._]
-
-[Footnote 92: Aeschylus, _Eumenides_, 297.]
-
-[Footnote 93: _Yasts_, x. 7.]
-
-[Footnote 94: _Iliad_, xxi. 407.]
-
-[Footnote 95: _Ibid._ xiv. 272 _sq._]
-
-[Footnote 96: _Ibid._ xiii. 20.]
-
-[Footnote 97: Grimm, _Teutonic Mythology_, i. 325.]
-
-However, the tendency to make gods more and more {600}
-perfect--of which I shall say more in a following chapter--gradually
-led to the notion that materiality is a quality which is not
-becoming to a god; hence men endeavoured, to the best of their
-ability, to grasp the idea of a purely spiritual being, endowed
-with a will and even with human emotions, but without a material
-body. Like Xenophanes in Greece, the Inca Yupangui in Peru
-protested against the prevailing anthropomorphism, declaring that
-purely spiritual service was befitting the almighty creator, not
-tributes or sacrifices.[98] In the Bible we notice a successive
-transformation of the nature of the deity, from crude
-sensuousness to pure spirituality. According to the oldest
-traditions, Yahveh works and rests, he plants the garden of Eden,
-he walks in it in the cool of the day, and Adam and Eve hear his
-voice. In a great part of the Old Testament he is expressly bound
-by conditions of time and space. He is attached in an especial
-manner to the Jerusalem temple or some other shrine, and his
-favour is gained by definite modes of sacrifice. At the time of
-the Prophets the cruder anthropomorphisms of the earlier religion
-have been overcome; Yahveh is no longer seen in person, and by a
-prophet like Isaiah his residence in Zion is almost wholly
-dematerialised. Yet, as Professor Robertson Smith observes, not
-even Isaiah has risen to the full height of the New Testament
-conception that God, who is spirit and who is to be worshipped
-spiritually, makes no distinction of spot with regard to worship,
-and is equally near to receive men's prayers in every place.[99]
-Moslem theologians take pains to point out that God neither is
-begotten nor begets, and that he is without figure, form, colour,
-and parts. He hears all sounds, whether low or loud; but he hears
-without an ear. He sees all things, even the steps of a black ant
-on a black stone in a dark night; {601} but he has no eyes, as
-men have. He speaks; but not with a tongue, as men do.[100] He is
-endowed with knowledge, feelings, and a will.[101] Thus the
-dematerialised god still retains a mental constitution modelled
-upon the human soul, with all its bodily desires and imperfections
-removed, with its higher qualities indefinitely increased, and,
-above all, endowed with a supernatural power of action.
-
-[Footnote 98: Brinton, _American Hero-Myths_, p. 236.]
-
-[Footnote 99: Goblet d'Alviella, _op. cit._ p. 216. Toy, _Judaism
-and Christianity_, p. 87. Montefiore, _op. cit._ p. 424.
-Robertson Smith, _Religion of the Semites_, p. 117.]
-
-[Footnote 100: Risálah-i-Berkevi, quoted by Sell, _op. cit._
-p. 166 _sq._]
-
-[Footnote 101: Sell, _op. cit._ p. 185.]
-
-In following chapters we shall see how the moral ideas of men
-have been influenced by the attributes they ascribe to
-supernatural beings.
-
-
-
-
-CHAPTER XLVIII
-
-DUTIES TO GODS
-
-
-MEN not only believe in the existence of supernatural beings, but
-enter into frequent relations with them. In every religion we may
-distinguish between two elements: a belief, and a regardful
-attitude towards the object of this belief. At the same time the
-assumption that supernatural beings exist is not necessarily
-connected with religious veneration of them. Relations may be
-established with some of them to the exclusion of others. If the
-relations between man and a certain supernatural being are of a
-more or less permanent character, the latter is generally called
-his god.
-
-As man attributes to his gods a variety of human qualities, his
-conduct towards them is in many respects determined by
-considerations similar to those which regulate his conduct
-towards his fellow men. He endows them with rights quite after
-human fashion, and imposes on himself corresponding duties.
-
-Gods have the rights to life and bodily integrity. They are not
-necessarily either invulnerable or immortal.[1] According to
-ancient Egyptian beliefs, the life of a god is indeed longer than
-that of a man, but death puts an end to the one as well as to the
-other.[2] The Vedic gods were mortal at first; immortality was
-only bestowed upon them by Savitr or by Agni, or they obtained it
-by drinking {603} _soma_, or by practising continence and
-austerity, or by the performance of certain ceremonies.[3] Nor
-were the Greek gods eternal by nature; they secured immortality
-by feasting on nectar and ambrosia.[4] The Scandinavian gods had
-in Idun's apples a means of preserving perpetual freshness and
-youth; but for all that they were subject to the encroachments of
-age, and their death is spoken of without disguise.[5]
-
-[Footnote 1: See Frazer, _Golden Bough_, ii. 1 _sqq._]
-
-[Footnote 2: Wiedemann, _Religion of the Ancient Egyptians_, p.
-173. _Cf._ Maspero, _Dawn of Civilization_, p. 111; Erman, _Life
-in Ancient Egypt_, p. 265.]
-
-[Footnote 3: Macdonell, _Vedic Mythology_, p. 17. Oldenberg,
-_Religion des Veda_, p. 176.]
-
-[Footnote 4: _Iliad_, v. 339 _sqq._ _Odyssey_, v. 199. _Cf._
-Grimm, _Teutonic Mythology_, i. 317 _sq._]
-
-[Footnote 5: Grimm, _op. cit._ i. 318 _sqq._]
-
-Though liable to death, the invisible anthropomorphic gods
-generally run little risk of being killed by men. But the case is
-different with such supernatural beings as live on earth in a
-visible and destructible shape. They may be, and occasionally
-are, slain by human hands, although in this case killing hardly
-means absolute destruction, the soul surviving the death of the
-body. But to kill such a being is in ordinary circumstances
-looked upon as a dangerous act. We have noticed above that people
-are often reluctant to slay animals of certain species for fear
-lest either the disembodied spirit of the slain animal or others
-of its kind should avenge the injury;[6] and the danger is
-naturally increased when the victim and its whole species are
-regarded as divine. Savages as a rule avoid killing animals of
-their own totem, and various statements imply that the act is
-disapproved of.[7]
-
-[Footnote 6: _Supra_, ii. 491.]
-
-[Footnote 7: Frazer, _Totemism_, p. 7 _sqq._; _Idem_, _Totemism
-and Exogamy_, iv. 6 _sq._]
-
-It has been suggested that this regard for the life of a totemic
-animal is due to the notion that a man is akin to his totem.[8]
-But the various taboos imposed upon him with reference to it, and
-the nature of the penalties incurred by the taboo-breaker,[9]
-indicate that the relation between a human individual and the
-animal members of his totem are after all somewhat different from
-that between cousins. It seems that the totemic animal is in
-{604} the first place looked upon as a supernatural being, and
-that a person's attitude towards it depends on the degree of
-dread or veneration which he feels for it. Such sacred animals as
-are not conceived to be of one stock with their devotees are
-equally tabooed; in ancient Egypt, we are told, offences against
-holy animals were punished even with death.[10] On the other
-hand, so little respect is not seldom felt for the totem that it
-is treated in a way to which there is no parallel in the
-treatment of human relatives. Speaking of the native tribes of
-Central Australia, Messrs. Spencer and Gillen observe, "That the
-totemic animal or plant is not regarded exactly as a close
-relative, whom it would be wrong to kill, or to assist any one
-else to kill, is very evident; on the contrary, the members of
-one totem not only, as it were, give their permission to those
-who are not of the totem to kill and eat the totemic animal or
-plant, but . . . they will actually help in the destruction of
-their totems."[11] The South Australian Narrinyeri kill their
-totemic animals if they are good for food.[12] A Bechuana will
-kill his totem if it be a hurtful animal, for instance a lion;
-the slayer then only makes an apology to the beast and goes
-through a form of purification for the sacrilege.[13] Among the
-Menomini Indians a man belonging to the Bear clan may kill a
-bear, although he must first address himself to his victim and
-apologise for depriving it of life.[14] The Indian tribes in the
-South-Eastern States had no respect for their totems and would
-kill them when they got the chance.[15] Among the Thlinkets a
-Wolf man will hunt wolves without hesitation, although he calls
-them his relatives when praying them not to hurt him.[16]
-
-[Footnote 8: Robertson Smith, _Religion of the Semites_, p. 285.
-_Cf._ Frazer, _Totemism_, p. 7.]
-
-[Footnote 9: See Frazer, _Totemism_, p. 11 _sqq._; Spencer and
-Gillen, _Northern Tribes of Central Australia_, pp. 322, 324 _sq._]
-
-[Footnote 10: Wiedemann, _Herodots zweites Buch_, p. 279.]
-
-[Footnote 11: Spencer and Gillen, _Native Tribes of Central
-Australia_, p. 207.]
-
-[Footnote 12: Taplin, 'Narrinyeri,' in Woods, _Native Tribes of
-South Australia_, p. 63.]
-
-[Footnote 13: Casalis, _Basutos_, p. 211.]
-
-[Footnote 14: Hoffman, 'Menomini Indians,' in _Ann. Rep. Bur.
-Ethn._ xiv. 44.]
-
-[Footnote 15: Adair, _History of the American Indians_, p. 16.]
-
-[Footnote 16: Boas, in _Fifth Report on the North-Western Tribes
-of Canada_, p. 23. For some other instances see Frazer,
-_Totemism_, p. 19.]
-
-In certain cases divine animals are killed as a religious {605}
-or magical ceremony. Several instances of this have been pointed
-out by Sir J. G. Frazer.[17] Sometimes, when the revered animal
-is habitually spared, it is nevertheless killed on rare and
-solemn occasions. In other cases, when the revered animal is
-habitually killed, there is a special annual atonement, at which
-a select individual of the species is slain with extraordinary
-marks of respect and devotion. Frazer has offered ingenious
-explanations of both customs. As regards the former one he argues
-that the savage apparently thinks that a species left to itself
-will grow old and die like an individual, and that the only means
-he can think of to avert the catastrophe is to kill a member of
-the species in whose veins the tide of life is still running
-strong and has not yet stagnated among the fens of old age; "the
-life thus diverted from one channel will flow, he fancies, more
-freshly and freely in a new one."[18] The latter custom, again,
-is explained by Frazer as a kind of atonement; by showing marked
-deference to a few chosen individuals of a species the savage
-thinks himself entitled to exterminate with impunity all the
-remainder upon which he can lay hands.[19] These explanations, as
-Frazer himself is the first to admit, are only hypothetical, but,
-so far as I know, they are the only ones yet offered. However, it
-is worth noticing that certain acts accompanying the slaughter of
-divine animals sometimes clearly indicate a desire in the
-worshippers to transfer to themselves supernatural benefits--as
-when they eat the flesh of the animal, or sprinkle themselves
-with its blood, or by other means place themselves in contact
-with it; and it may be that in such cases the animal is killed
-for the express purpose of communicating to the people the
-sanctity, or beneficial magic energy, with which it is endowed.
-The Madi or Moru tribe of Central Africa furnish an instructive
-example. Once a year, as it seems, a very choice lamb is killed
-by a man belonging to a kind of priestly order, who {606}
-sprinkles some of the blood four times over the assembled people
-and then smears each individual with the same fluid. But this
-ceremony is also observed on a small scale at other times--if a
-family is in any great trouble, through illness or bereavement,
-their friends and neighbours come together and a lamb is killed
-with a view to averting further evil.[20] Among the Arunta and
-some other tribes in Central Australia, as we have noticed above,
-at the time of Intichiuma, totemic animals are killed with the
-object of being eaten. But here the sacramental meal is a magical
-ceremony intended to multiply the species, so as to increase the
-food supply for other totemic groups; the fundamental idea being
-that the members of each totemic group are responsible for
-providing other individuals with a supply of their totem.[21]
-
-[Footnote 17: Frazer, _Golden Bough_, ii. 366 _sqq._]
-
-[Footnote 18: _Ibid._ ii. 368.]
-
-[Footnote 19: _Ibid._ ii. 435.]
-
-[Footnote 20: Felkin, 'Madi or Moru Tribe of Central Africa,' in
-_Proceed. Roy. Soc. Edinburgh_, xii. 336 _sq._]
-
-[Footnote 21: _Supra_, ii. 210 _sq._ Spencer and Gillen, _Native
-Tribes of Central Australia_, ch. vi. _Iidem_, _Northern Tribes
-of Central Australia_, ch. ix. _sq._]
-
-Frazer has also called attention to various instances in which a
-man-god or divine king is put to death by his worshippers, and
-has suggested the following explanation of this custom:--Primitive
-people sometimes believe that their own safety and even that of
-the world is bound up with the life of one of these god-men or
-human incarnations of the divinity. They therefore take the
-utmost care of his life, out of a regard for their own. But no
-amount of care and precaution will prevent the divine king from
-growing old and feeble and at last dying. And in order to avert
-the catastrophes which may be expected from the enfeeblement of
-his powers and their final extinction in death, they kill him as
-soon as he shows symptoms of weakness, and his soul is
-transferred to a vigorous successor before it has been seriously
-impaired by the threatened decay. But some peoples appear to have
-thought it unsafe to wait for even the slightest symptom of decay
-and have preferred to kill the divine king while he is still in
-the full vigour of life. Accordingly, they have fixed a term
-beyond which he {607} may not reign, and at the close of which he
-must die, the term fixed upon being short enough to exclude the
-probability of his degenerating physically in the interval. Thus
-it appears that in some places the people could not trust the
-king to remain in full bodily and mental vigour for more than a
-year; whilst in Ngoio, a province of the ancient kingdom of
-Congo, the rule obtains that the chief who assumes the cap of
-sovereignty one day shall be put to death on the next.[22]
-
-[Footnote 22: Frazer, _Golden Bough_, ii. 5 _sqq._]
-
-Every reader of _The Golden Bough_ must admire the ingenuity,
-skill, and learning with which its author has worked out his
-theory, even though he may fail to find the argument in every
-point convincing. It is obvious that the supernatural power of
-divine kings is frequently supposed to be influenced by the
-condition of their bodies. In some cases it is also obvious that
-they are killed on account of some illness, corporal defect, or
-symptom of old age, and that the ultimate reason for this lies in
-the supposed connection between physical deterioration and waning
-divinity. But, as Frazer himself observes, in the chain of his
-evidence a link is wanting: he can produce no direct proof of the
-idea that the soul of the slain man-god is transmitted to his
-royal successor.[23] In the absence of such evidence I venture to
-suggest a some what different explanation, which seems to me more
-in accordance with known facts--to wit, that the new king is
-supposed to inherit, not the predecessor's soul, but his divinity
-or holiness, which is looked upon in the light of a mysterious
-entity, temporarily seated in the ruling sovereign, but separable
-from him and transferable to another individual.
-
-[Footnote 23: _Ibid._ ii. 56.]
-
-This modification of Frazer's theory is suggested by certain
-beliefs prevalent among the Moors. The Sultan of Morocco, who is
-regarded by the people as "the vicegerent of God," appoints
-before his death some member of his family--by preference one of
-his sons--as his successor, and this implies that his _baraka_,
-or holiness, will {608} be transferred to the new sovereign. But
-his holiness may also be appropriated by a pretender during his
-lifetime, which proves that it is regarded as something quite
-distinct from his soul. Thus the people told me that the
-pretender Bu[h.]amâra had come into possession of the Sultan's
-_baraka_, and that he would subsequently hand it over to one of
-the Sultan's brothers, who was then denied his liberty. Like the
-sultans of Morocco, the divine Kafir kings of Sofala, who were
-put to death if afflicted with some disease, nominated their
-successors.[24] In ancient Bengal, again, whoever killed the king
-and succeeded in placing himself on the royal throne, was
-immediately acknowledged as king; the people said, "We are
-faithful to the throne, whoever fills the throne we are obedient
-and true to it."[25] In the kingdom of Passier, on the northern
-coast of Sumatra, whose sacred monarch was not allowed by his
-subjects to live long, "the man who struck the fatal blow was of
-the royal lineage, and as soon as he had done the deed of blood
-and seated himself on the throne he was regarded as the
-legitimate king, provided that he contrived to maintain his seat
-peaceably for a single day."[26] In these cases, it seems, the
-sanctity was considered to be inherent in the throne and to be
-partly communicated to persons who came into close contact with it.[27]
-
-[Footnote 24: Frazer, _Golden Bough_, ii. 10.]
-
-[Footnote 25: _Ibid._ ii. 16.]
-
-[Footnote 26: _Ibid._ ii. 16.]
-
-[Footnote 27: Since the above was written, Sir J. G. Frazer
-himself has kindly drawn my attention to some statements in his
-_Lectures on the Early History of the Kingship_ (p. 121 _sqq._)
-from which it appears that in some parts of the Malay region the
-regalia are regarded as wonder-working talismans or fetishes, the
-possession of which carries with it the right to the throne.
-Among the Yorubas of West Africa, a miraculous virtue seems to be
-attributed to the royal crown, and the king sometimes sacrifices
-sheep to it (_ibid._ p. 124, n. 1). See _infra_, Additional Notes.]
-
-Now, as we have noticed before, holiness is generally held to be
-exceedingly susceptible to any polluting influence,[28] and this
-would naturally suggest the idea that, in order to remain
-unimpaired, it has to be removed from a body which is defiled by
-disease or blemish. Such an idea may be supposed to underlie
-those cases in which {609} even the slightest bodily defect is a
-sufficient motive for putting the divine king to death. It is of
-the greatest importance for the community that the holiness on
-which its welfare depends should not be attached to an individual
-whose organism is no longer a fit receptacle for it, and who is
-consequently unable to fulfil the duties incumbent upon a divine
-monarch; and it may be thought that the only way of removing the
-holiness from him is to kill him. The same explanation would seem
-to apply to the killing of kings or magicians who have actually
-proved incapable of bringing about the benefits expected from
-them, such as rain or good crops,[29] although in these instances
-the murderous act may also be a precaution against the revenge
-they might otherwise take for being deposed, or it may be a
-punishment for their failure,[30] or have the character of a
-sacrifice to a god.[31] Moreover, the disease, weakness, or
-physical deterioration of the king might cause his death; and,
-owing to the extremely polluting effect ascribed to natural
-death, this would be the greatest catastrophe which could happen
-to the holiness seated in him. The people of Congo believed that
-if their pontiff, the Chitomé, were to die a natural death, the
-world would perish, and the earth, which he alone sustained by
-his power and merit, would immediately be annihilated; hence,
-when he fell ill and seemed likely to die, the man who was
-destined to be his successor entered the pontiff's house with a
-rope or a club and strangled or clubbed him to death.[32] Similar
-motives may also have induced people to kill their divine king
-after a certain period, as everybody is sooner or later liable to
-fall ill or grow weak and die. But I can also imagine another
-possible reason for this custom. Supernatural {610} energy is
-sometimes considered so sensitive to external influences that it
-appears to wear away almost by itself in the course of time. I
-have heard from Arabs in Morocco that a pretender's holiness
-usually lasts only for half a year. And it may be that some of
-the divine kings mentioned by Frazer were exposed to a similar
-fatality and therefore had to be slain in time.
-
-[Footnote 28: See especially _supra_, ii. 294-296, 352, 353, 415
-_sqq._]
-
-[Footnote 29: Frazer, _Golden Bough_, i. 158 _sq._ Landtman,
-_Origin of Priesthood_, p. 144 _sqq._]
-
-[Footnote 30: Landtman, _op. cit._ p. 144. Divine animals are
-sometimes treated in a similar way. In ancient Egypt, if the
-sacred beasts could not, or would not, help in emergency, they
-were beaten; and if this measure failed to prove efficacious,
-then the creatures were punished with death (Wiedemann, _Religion
-of the Ancient Egyptians_, p. 178; _Idem_, _Herodots zweites
-Buch_, p. 428 _sq._).]
-
-[Footnote 31: _Supra_, i. 443.]
-
-[Footnote 32: Frazer, _Golden Bough_, ii. 8.]
-
-As the right to life, generally granted to gods, is thus in
-certain circumstances abrogated for the benefit of their
-worshippers, so their right to bodily integrity may be suspended
-if their behaviour does not answer the expectations of their
-devotees. Men punish their gods as they punish their fellow men.
-Among the Amazulu, when it thunders or, as they say, "the heaven
-is coming badly," the doctors go out and scold it; "they take a
-stick and say they are going to beat the lightning of heaven."[33]
-The negro cudgels his fetish unmercifully to make it submissive.[34]
-The Samoyede flogs his idol or throws it away if he does not succeed
-in his doings.[35] The idols of the Typees, in the Marquesas Islands,
-"received more hard knocks than supplications."[36] When his guardian
-spirit proves stubborn, the Hudson Bay Eskimo deprives it of food,
-or strips it of its garments.[37]
-
-[Footnote 33: Callaway, _Religious System of the Amazulu_, p. 404.]
-
-[Footnote 34: Bastian, _Afrikanische Reisen_, p. 61.]
-
-[Footnote 35: von Struve, in _Ausland_, 1880 p. 795.]
-
-[Footnote 36: Melville, _Typee_, p. 261.]
-
-[Footnote 37: Turner, 'Ethnology of the Ungava District,' in
-_Ann. Rep. Bur. Ethn._ xi. 194.]
-
-       *       *       *       *       *
-
-In normal circumstances men regard it as a duty, not only to
-refrain from killing or injuring their gods, but positively to
-promote their existence and comfort. According to early beliefs,
-supernatural beings are subject to human needs. The gods of the
-heathen Siberians laboured for their subsistence, engaged in
-hunting and fishing, and laid up provisions of roots against
-times of dearth.[38] When the heavens appear checkered with white
-clouds on a blue surface, the Maoris of New Zealand say that the
-god is planting his potatoes and {611} other divine edibles.[39]
-The Fijian gods are described as enormous eaters.[40] The Vedic
-gods wore clothes, were great drunkards, and suffered from
-constant hunger;[41] I need only refer to the numerous passages
-in the Rig-Veda where mention is made of the appetite or thirst
-of Indra and the pleasure he has in filling his belly.[42] An
-Egyptian god cannot be conceived without his house in which he
-lives, in which his festivals are solemnised, and which he never
-leaves except on professional days. His dwelling has to be
-cleaned, and he is assisted at his toilet by his attendants; the
-priest has to dress and serve his god, and places every day on
-his table offerings of food and drink.[43] So also the Chaldean
-gods had to be nourished, clothed, and amused; and the stone or
-wooden statues erected to them in the sanctuaries furnished them
-with bodies which they animated with their breath.[44]
-
-[Footnote 38: Georgi, _Russia_, iii. 259.]
-
-[Footnote 39: Polack, _Manners and Customs of the New
-Zealanders_, i. 244.]
-
-[Footnote 40: Williams and Calvert, _Fiji_, pp. 184, 195.]
-
-[Footnote 41: Oldenberg, _Religion des Veda_, pp. 304, 366 _sqq._
-Barth, _Religions of India_, p. 36, n. 2.]
-
-[Footnote 42: _Rig-Veda_, ii. 11. 11; viii. 4. 10; viii. 17. 4;
-viii. 78. 7; x. 86. 13 _sqq._]
-
-[Footnote 43: Erman, _op. cit._ pp. 273, 275, 279. Maspero, _op.
-cit._ p. 110.]
-
-[Footnote 44: Ball, 'Glimpses of Babylonian Religion,' in
-_Proceed. Soc. Biblical Archæology_, xiv. 153 _sqq._ Maspero,
-_op. cit._ p. 679.]
-
-The idea that supernatural beings have human appetites and human
-wants leads to the practice of sacrifice. Whatever means they may
-have of earning their livelihood, they are certainly not
-indifferent to gifts offered by men. If such offerings fail them
-they may even suffer want and become feeble and powerless. The
-Egyptian gods, says M. Maspero, "were dependent upon the gifts of
-mortals, and the resources of each individual deity, and
-consequently his power, depended on the wealth and number of his
-worshippers."[45] We meet with the same idea at every step in the
-Vedic hymns.[46] Should sacrifices cease for an instant to be
-offered, the gods would cease to send rain, {612} to bring back
-at the appointed hour Aurora and the sun, to raise and ripen
-harvests--not only because they would be unwilling, but because
-they would be unable to do so.[47] It was by sacrifice that the
-gods delivered the world from chaos, and it is by sacrifice that
-man prevents it from lapsing back into the same state;[48] in the
-'Laws of Manu' it is said that sacrifices support "both the
-movable and the immovable creation."[49] The Zoroastrian books
-likewise represent the sacrifice as an act of assistance to the
-gods, by which they become victorious in their combats with the
-demons.[50] When not strengthened by offerings they fly helpless
-before their foes. Overcome by the demon Apaosha, the bright and
-glorious Tistrya cries out in distress:--"Woe is me, O Ahura
-Mazda! . . . Men do not worship me with a sacrifice in which I am
-invoked by my own name. . . . If men had worshipped me with a
-sacrifice in which I had been invoked by my own name, as they
-worship the other Yazatas with sacrifices in which they are
-invoked by their own names, I should have taken to me the strength
-of ten horses, the strength of ten camels, the strength of ten bulls,
-the strength of ten mountains, the strength of ten rivers."[51]
-
-[Footnote 45: Maspero, _op. cit._ p. 302. _Cf._ Wiedemann,
-_Ancient Egyptian Doctrine of the Immortality of the Soul_, p. 19.]
-
-[Footnote 46: _Rig-Veda_, ii. 15. 2; x. 52. 5 _sq._; x. 121. 7.
-_Cf._ _Atharva-Veda_, xi. 7. 14 _sq._; Hopkins, _Religions of
-India_, p. 149; Kaegi, _Rigveda_, p. 31; Darmesteter, _Ormazd et
-Ahriman_, p. 329.]
-
-[Footnote 47: Barth, _op. cit._ p. 36.]
-
-[Footnote 48: _Rig-Veda_, x. 130. Barth, _op. cit._ p. 37.]
-
-[Footnote 49: _Laws of Manu_, iii. 75 _sqq._]
-
-[Footnote 50: See Darmesteter, _Ormazd et Ahriman_, p. 327;
-_Idem_, in _Sacred Books of the East_ (1st edit.), iv. p. lxviii.]
-
-[Footnote 51: _Yasts_, viii. 23 _sq._]
-
-Men are induced by various motives to offer sacrificial gifts to
-supernatural beings. In early religion the most common motive is
-undoubtedly a desire to avert evils; and we have reason to
-believe that such a desire was the first source of religious
-worship. In spite of recent assertions to the contrary, the old
-saying holds true that religion was born of fear. Those who
-maintain that the savage is little susceptible to this
-emotion,[52] and that he for the most part takes his gods
-joyously,[53] show ignorance {613} of facts. One of his
-characteristics is great nervous susceptibility,[54] and he lives
-in constant apprehension of danger from supernatural powers. We
-are told of the Samoyedes that a sudden blow on the outside of a
-tent will sometimes throw the occupants into spasms. "The
-Indian," says Parkman, "lived in perpetual fear. The turning of a
-leaf, the crawling of an insect, the cry of a bird, the creaking
-of a bough, might be to him the mystic signal of weal or
-woe."[55] From all quarters of the uncivilised world we hear that
-terror or fear is the predominant element in the religious
-sentiment, that savages are more inclined to ascribe evil than
-good to the influence of supernatural agents, that their
-sacrifices and other acts of worship more frequently have in view
-to avert misfortunes than to procure positive benefits, or that,
-even though benevolent deities are believed in, much more
-attention is paid to malignant ones.[56] And even among peoples
-who have passed beyond the stage of {614} savagery fear still
-remains a prominent factor in their religion. The great bulk of
-Homeric cult-operations lay in propitiatory rites in avoidance of
-evil.[57] "No one," says Sir Monier-Williams, "who has ever been
-brought into close contact with the Hind[=u]s in their own
-country can doubt the fact that the worship of at least ninety
-per cent. of the people of India in the present day is a worship
-of fear."[58] In one of the Pahlavi texts we read that "he is not
-to be considered as faithful who has no fear of the sacred
-beings."[59] The Egyptian Amon Râ, who is praised as "the
-beautiful and beloved god, who giveth life by all manner of
-warmth, by all manner of fair cattle," is at the same time styled
-"Lord of fear, great one of terror."[60] The Psalmist says that
-"the fear of the Lord is the beginning of wisdom,"[61] and, as
-Nöldeke points out, "the fear of God" was used in its literal
-sense.[62] Although the Koran has much to tell about the loving
-kindness of God, the god of Islam evokes much more fear than
-love. Faith is said by Muhammedan theologians to "stand midway
-between hope and fear."[63]
-
-[Footnote 52: Gruppe, _Die griechischen Culte und Mythen_, p. 244
-_sq._]
-
-[Footnote 53: Grant Allen, _Evolution of the Idea of God_, p. 347.]
-
-[Footnote 54: See Brinton, _Religions of Primitive Peoples_, p. 14.]
-
-[Footnote 55: Parkman, _Jesuits in North America_, p. lxxxiv.]
-
-[Footnote 56: Dorman, _Origin of Primitive Superstitions_, p. 391
-(American Indians generally). Müller, _Geschichte der
-Amerikanischen Urreligionen_, pp. 84, 171, 214, 260. von Spix and
-von Martius, _Travels in Brazil_, ii. 243 (Coroados). Brett,
-_Indian Tribes of Guiana_, p. 361 _sq._; Im Thurn, _Among the
-Indians of Guiana_, p. 367 _sq._ Dunbar, 'Pawnee Indians,' in
-_Magazine of American History_, viii. 736. McGee, 'Siouan
-Indians,' in _Ann. Rep. Bur. Ethn._ xv. 184. Murdoch, 'Ethn.
-Results of the Point Barrow Expedition,' _ibid._ ix. 432 (Point
-Barrow Eskimo). Ross, 'Eastern Tinneh,' in _Smithsonian Report_,
-1866, p. 306. Radloff, _Schamanenthum_, p. 15 (Turkish tribes of
-the Altai). Fawcett, _Saoras_, p. 57. Campbell, _Wild Tribes of
-Khondistan_, p. 163 _sq._ Hunter, _Annals of Rural Bengal_,
-i. 181 _sq._ (Santals). Mouhot, _Travels in the Central Parts of
-Indo-China_, ii. 29 (Bannavs of Cambodia). Man, 'Aboriginal
-Inhabitants of the Andaman Islands,' in _Jour. Anthr. Inst._
-xii. 157. Wilken, _Het animisme bij de volken van den Indischen
-Archipel_, p. 207 _sq._ St. John, _Life in the Forests of the Far
-East_, i. 69, 70, 178; Low, _Sarawak_, p. 253; Selenka, _Sonnige
-Welten_, p. in (Dyaks). von Brenner, _Besuch bei den Kannibalen
-Sumatras_, p. 216. Kubary, 'Die Palau-Inseln,' in _Jour. des
-Museum Godeffroy_, iv. 44 (Pelew Islanders). Williams and
-Calvert, _Fiji_, p. 189. Percy Smith, 'Uea,' in _Jour. Polynesian
-Soc._ i. 114. Turner, _Samoa_, p. 21. Ellis, _Polynesian
-Researches_, i. 336 (Tahitians). Taylor, _Te Ika a Maui_,
-pp. 104, 148; Yate, _Account of New Zealand_, p. 141; Polack, _op.
-cit._ i. 244 (Maoris). Fritsch, _Die Eingeborenen Süd-Afrika's_,
-pp. 338, 339, 341 (Hottentots). Decle, _Three Years in Savage
-Africa_, p. 153 (Matabele). Livingstone, _Missionary Travels_,
-p. 435 (peoples inhabiting the country north of the Zambesi).
-Monrad, _Skildring af Guinea-Kysten_, p. 2 (Negroes of Accra).
-See also Karsten, _Origin of Worship_, p. 44 _sqq._; _infra_,
-p. 665 _sqq._]
-
-[Footnote 57: _Cf._ Keller, _Homeric Society_, p. 115 _sq._]
-
-[Footnote 58: Monier-Williams, _Br[=a]hmanism and Hind[=u]ism_,
-p. 230.]
-
-[Footnote 59: _Dînâ-î Maînôg-î Khirad_, xxxix. 33.]
-
-[Footnote 60: Wiedemann, _Religion of the Ancient Egyptians_, p.
-111 _sq._]
-
-[Footnote 61: _Psalms_, cxi. 10.]
-
-[Footnote 62: Nöldeke, in _Archiv für Religionswissenschaft_, i. 362.]
-
-[Footnote 63: Sell, _Faith of Islám_, p. 165.]
-
-Hope, indeed, forms an element in every religion, even the
-lowest. The assumed authors of painful or alarming events became
-objects of worship because they were conceived, not as mechanical
-causes, but as personal agencies which might be influenced by the
-regardful attitude of the worshipper. The savage is not so
-irrational as to make offerings to beings from whom he expects no
-benefits in return. And in proportion as the deities grew more
-benignant and their sphere of action was extended, their
-worshippers became more confident, expecting from them not only
-mercy but positive assistance.
-
-We may suppose that already at an early stage of {615} culture
-man, occasionally, was struck by some unexpected fortunate event
-and ascribed it to the influence of a friendly spirit with which
-he was anxious to keep on amicable terms. Among the Tshi-speaking
-peoples of the Gold Coast worship is the result not only of fear,
-but also of the hope of obtaining some direct advantage or
-protection.[64] The pagans of Siberia accompanied their
-sacrifices with words like these:--"Behold what I bring you to
-eat; bring me then in return children, cattle, and a long
-life."[65] The Point Barrow Eskimo, when he arrives at a river,
-throws into the air a small piece of tobacco, crying out,
-"Spirits, spirits, I give you tobacco, give me plenty of
-fish!"[66] Of the Sia Indians (Pueblos) Mrs. Stevenson writes
-that their religion is not mainly one of propitiation, but rather
-of supplication for favours and payment for the same--they "do
-the will of and thereby please the beings to whom they pray."[67]
-We even hear of savages making thank-offerings to their gods. In
-Fiji, after successful fishing for turtle, or remarkable
-deliverance from danger in war or at sea, or recovery from
-sickness, a kind of thank-offering was sometimes presented to the
-deities.[68] When certain natives of Eastern Central Africa,
-after they have prayed for a successful hunting expedition,
-return home laden with venison or ivory, they know that they are
-indebted to "their old relative" for their good fortune, and give
-him a thank-offering.[69] We are told that in Northern Guinea,
-when a person has been repeatedly fortunate through the agency of
-a fetish, "he contracts a feeling of attachment and gratitude to
-it."[70] Yet we have reason to suspect that the gratitude of the
-sacrificer is commonly {616} of the kind which La Rochefoucauld
-defined as "a secret desire to receive greater benefits in the
-future."[71] Sometimes the thank-offering, if it may be called
-so, is expressly preceded by a vow. Among the Kansas the warrior,
-when going to war says, facing the East, "I wish to pass along
-the road to the foe! O Wakanda! I promise you a blanket if I
-succeed"; and turning to the West, "O Wakanda! I promise you a
-feast if I succeed."[72] Even in religions of a higher type the
-offering of sacrificial gifts is mainly a sort of bargain with
-the god to whom they are offered. In the Vedic hymns the gods are
-addressed by phrases like these, "If you give me this, I shall
-give you that," or, "As you have given me this, I shall give you
-that."[73] The singer naïvely confesses, "I looked forth in
-spirit, seeking good, O Indra and Agni, to relations and kinsmen;
-but I have no other helper than you; therefore I have made you a
-powerful song."[74] The Greeks expressed the idea connected with
-their sacrifices in the proverbial saying, [Greek: dô=ra theou\s
-pei/thei].[75] The ancient Hebrew view on the subject is
-illustrated by the vow of Jacob:--"If God will be with me, and
-will keep me in this way that I go, and will give me bread to
-eat, and raiment to put on, so that I come again to my father's
-house in peace; then shall the Lord be my God: And this stone,
-which I have set for a pillar, shall be God's house: and of all
-that thou shalt give me I will surely give the tenth unto thee."[76]
-
-[Footnote 64: Ellis, _Tshi-speaking Peoples of the Gold Coast_,
-p. 17. _Cf._ _Idem_, _Yoruba-speaking Peoples of the Slave
-Coast_, p. 277.]
-
-[Footnote 65: Georgi, _Russia_, iii. 284.]
-
-[Footnote 66: Murdoch, in _Ann. Rep. Bur. Ethn._ ix. 433.]
-
-[Footnote 67: Stevenson, 'Sia,' in _Ann. Rep. Bur. Ethn._ xi. 67.]
-
-[Footnote 68: Williams and Calvert, _op. cit._ p. 195.]
-
-[Footnote 69: Macdonald, _Africana_, i. 61. For other instances
-of thank-offerings see Shooter, _Kafirs of Natal_, p. 165; Smith,
-'Myths of the Iroquois,' in _Ann. Rep. Bur. Ethn._ ii. 51.
-Jochelson, 'Koryak Religion and Myth,' in _Jesup North Pacific
-Expedition_, vi. 25, 92. Leem, _Beskrivelse over Finmarkens
-Lapper_, p. 431 (Lapps).]
-
-[Footnote 70: Wilson, _Western Africa_, p. 212.]
-
-[Footnote 71: La Rochefoucauld, _Maximes_, 298.]
-
-[Footnote 72: Dorsey, 'Mourning and War Customs of the Kansas,'
-in _American Naturalist_, xix. 678.]
-
-[Footnote 73: Müller, _Physical Religion_, p. 100. Oldenberg,
-_Religion des Veda_, pp. 302-326, 430 _sqq._]
-
-[Footnote 74: _Rig-Veda_, i. 109. 1. _Cf._ _ibid._ i. 71. 7.]
-
-[Footnote 75: Plato, _Respublica_, iii. 390.]
-
-[Footnote 76: _Genesis_, xxviii. 20 _sqq._]
-
-In many cases the sacrificial victims are intended to serve as
-substitutes for other individuals, whose lives are in danger. We
-have previously noticed that the practice of human sacrifice is
-mainly based on the idea of substitution.[77] We have also seen
-that a growing reluctance to this practice often led to the
-offering of animals instead of {617} men.[78] But we have no
-right to assume that the sacrifice of an animal for the purpose
-of saving the life of a man is in every case a later modification
-of a previous human sacrifice. The idea that spirits which
-threaten the lives of men are appeased by other than human blood
-may in some instances be primary though in others it is
-derivative. The Moors invariably sacrifice an animal at the
-foundation of a new building; and though this is said to be
-_[(]âr_ upon the spirit owners of the place some idea of
-substitution seems also to be connected with the act, as they
-maintain that if no animal were killed the inmates of the house
-would die or remain childless. A similar practice prevails in
-Syria, where the people believe that "every house must have its
-death, either man, woman, child, or animal."[79] Among the Jews
-it is or has been the custom for the master of each house to kill
-a cock on the eve of the fast of atonement. Before doing so he
-strikes his head with the cock three times, saying at each
-stroke, "Let this cock be a commutation for me, let him be
-substituted for me"; and when he strangles his victim by
-compressing the neck with his hand, he at the same time reflects
-that he himself deserves to be strangled.[80] These customs can
-certainly not be regarded as survivals of an earlier practice of
-killing a human being. Moreover an animal is sometimes sacrificed
-for the purpose of saving the lives of other animals. Thus in a
-place in Scotland, in 1767, a young heifer was offered in the
-holy fire during a cattle-plague.[81] And in Great Benin, in West
-Africa, on the anniversary of the death of Adolo, king Overami's
-father, not only twelve men, but twelve cows, twelve goats,
-twelve sheep, and twelve fowls were offered, and Overami,
-addressing his father, asked him to look after the "cows, goats,
-and fowls, and everything in the farms," as well as the
-people.[82] Sacrifices which are {618} substitutional in
-character may or may not be intended to satisfy the material
-needs of supernatural beings. In some cases, as we have seen,
-their object is to appease a resentful god by the mere death of
-the victim.[83]
-
-[Footnote 77: _Supra_, ch. xix.]
-
-[Footnote 78: _Supra_, i. 469 _sq._]
-
-[Footnote 79: Curtiss, _Primitive Semitic Religion To-day_,
-p. 224 _sq._]
-
-[Footnote 80: Allen, _Modern Judaism_, p. 406.]
-
-[Footnote 81: Grimm, _Teutonic Mythology_, ii. 608.]
-
-[Footnote 82: Moor and Roupell, quoted by Read and Dalton,
-_Antiquities from the City of Benin_, p. 6, and by Ling Roth,
-_Great Benin_, p. 70 _sq._]
-
-[Footnote 83: _Supra_, i. 438 _sqq._]
-
-We have further noticed that, in the case of human sacrifice, the
-victim is occasionally regarded as a messenger between the
-worshippers and their god even though the primary object of the
-rite be a different one.[84] The same is sometimes true of other
-offerings as well.[85] The Iroquois sacrifice of the white
-dog[86] was, according to Mr. Morgan, intended "to send up the
-spirit of the dog as a messenger to the Great Spirit, to announce
-their continued fidelity to his service, and, also, to convey to
-him their united thanks for the blessings of the year"; and in
-their thanksgiving addresses they were in the habit of throwing
-leaves of tobacco into the fire from time to time that their
-words might ascend to the dwelling of the Great Spirit in the
-smoke of their offerings.[87] The Huichols of Mexico often use
-the arrows which they sacrifice to their gods as carriers of
-special prayers.[88]
-
-[Footnote 84: _Supra_, i. 465 _sq._]
-
-[Footnote 85: _Cf._ Hubert and Mauss, 'Essai sur la nature et la
-fonction du sacrifice,' in _L'année sociologique_, ii. 106, n. **1.]
-
-[Footnote 86: See _supra_, i. 53, 64.]
-
-[Footnote 87: Morgan, _League of the Iroquois_, p. 216 _sqq._]
-
-[Footnote 88: Lumholtz, _Unknown Mexico_, ii. 205.]
-
-Not only are sacrifices used as bearers of prayers, but they are
-also frequently offered for the purpose of transferring curses.
-In Morocco every _síyid_[89] of any importance is constantly
-visited by persons who desire to invoke the saint to whom it is
-dedicated with a view to being cured of some illness, or being
-blessed with children, or getting a suitable husband or wife, or
-receiving help against an enemy, or deriving some other benefit
-from the saint. To secure his assistance the visitor makes
-_[(]âr_ upon him; and the Moorish _[(]âr_, of which I have
-spoken above,[90] implies the transference of a conditional
-curse, whether it be made upon an ordinary man or a saint, living
-or dead. The _[(]âr_ put upon a saint may consist in throwing
-stones upon a cairn connected with his sanctuary, or making a
-pile of {619} stones to him, or tying a piece of cloth at the
-_síyid_, or knotting the leaves of some palmetto or the stalks of
-white broom growing in its vicinity, or offering an animal
-sacrifice to the saint.[91] This making of _[(]âr_ is
-accompanied by a promise to reward the saint if he grants the
-request; but the sacrifice offered in fulfilment of such a
-promise (_l-wâ[(]da_) is totally distinct from that offered as
-_[(]âr_. It is a genuine gift, whereas the _[(]âr_-sacrifice is
-a means of constraining the saint. When an animal is killed as
-_[(]âr_ the usual phrase _bismillâh_, "In the name of God," is
-not used, and the animal may not be eaten, except by poor
-people.[92] On the other hand, the animal which is sacrificed as
-_wâ[(]da_ is always killed "in the name of God," and is offered
-for the very purpose of being eaten by the saint's earthly
-representatives. Nothing can better show than the Moorish
-distinction between _l-[(]âr_ and _l-wâ[(]da_ how futile it
-would be to try to explain every kind of sacrifice by one and the
-same principle. The distinction between them is fundamental: the
-former is a threat, the latter is a promised reward.[93] But at
-the same time it is not improbable that the idea of transferring
-curses to a supernatural being by means of a sacrifice was
-originally suggested by the previous existence of sacrifice as a
-religious act, combined with the ascription of mysterious
-propensities to blood, and especially to sacrificial blood,
-which, according to primitive ideas, made it a most efficient
-conductor of curses.
-
-[Footnote 89: For the meaning of this word see _supra_, ii. 584.]
-
-[Footnote 90: _Supra_, i. 586 _sq._; ii. 584 _sq._]
-
-[Footnote 91: Westermarck, '_L-[(]âr_, or the Transference of
-Conditional Curses in Morocco,' in _Anthropological Essays
-presented to E. B. Tylor_, p. 368 _sqq._ _Idem_, _The Moorish
-Conception of Holiness (Baraka)_, p. 90 _sqq._]
-
-[Footnote 92: However, if the _síyid_ has a _m[K.]áddem_, or
-regular attendant, the petitioner often hands the animal over to
-him alive, so that he may himself kill it "in the name of God,"
-and thus make it eatable. Then the descendants of the saint, if
-he has any, and the _m[K.]áddem_ himself, have no hesitation
-in eating the animal, _bismillâh_ being a holy word which removes
-the curse or evil energy inherent in _l-[(]âr_.]
-
-[Footnote 93: When I have asked how it is that a saint, although
-invoked with _l-[(]âr_, does not always grant the request made
-to him, the answer has been that he can, but that he is not
-all-powerful and the failure is due to the fact that God does not
-listen to his prayer. But it also occurs that a person who has in
-vain made _[(]âr_ upon a saint goes to another _síyid_ to
-complain of him. There is a general belief that saints do not
-help unless _[(]âr_ is made on them--an idea which is not very
-flattering to their character.]
-
-{620} There are obvious indications that the _[(]âr_-sacrifice
-of the Moors is not unique of its kind, but has its counterpart
-among certain other peoples. In ancient religions sacrifice is
-often supposed to exercise a constraining influence on the god to
-whom it is offered. We meet with this idea in Zoroastrianism,[94]
-in many of the Vedic hymns,[95] and especially in Brahmanism.
-"Here," says Barth, "the rites of religion are the real deities,
-or at any rate they constitute together a sort of independent and
-superior power, before which the divine personalities disappear,
-and which almost holds the place allotted to destiny in other
-systems. The ancient belief, which is already prominent in the
-Hymns, that sacrifice conditionates the regular course of things,
-is met with here in the rank of a commonplace, and is at times
-accompanied with incredible details."[96] Now, there can be
-little doubt that this ascription of a magic power to the
-sacrifice, by means of which it could control the actions of the
-gods, was due to the idea that it served as a conductor of
-imprecations; for it was invariably accompanied by a formula
-which was considered to possess irresistible force. In the
-invocation lies the hidden energy which gives the efficacy to the
-sacrifice; without Brahma[n.]aspati, the lord of prayer,
-sacrifice does not succeed.[97] The Greeks actually offered
-anathemata, or curses, to their gods.[98] The ancient Arabs,
-again, after killing the sacrificial animal, threw its hair on a
-holy tree as a curse.[99] But so little has the true import of
-such sacrifices been understood even by eminent scholars, that
-they have been represented as votive offerings or gifts to the
-deity.[100]
-
-[Footnote 94: Darmesteter, _Ormazd et Ahriman_, p. 330.]
-
-[Footnote 95: _Rig-Veda_, iii. 45. 1; iv. 15. 5; vi. 51. 8; viii.
-2. 6. Oldenberg, _Religion des Veda_, p. 311 _sq._]
-
-[Footnote 96: Barth, _Religions of India_, p. 47 _sq._]
-
-[Footnote 97: _Rig-Veda_, i. 18. 7.]
-
-[Footnote 98: Rouse, _Greek Votive Offerings_, p. 337 _sqq._]
-
-[Footnote 99: Wellhausen, _Reste arabischen Heidentums_, p. 124.]
-
-[Footnote 100: Rouse, _op. cit._ p. 337. Wellhausen, _op. cit._
-p. 124.]
-
-Considering that the idea of sacrifice being a conductor of
-imprecations has hitherto almost entirely escaped the notice of
-students of early religion, it is impossible to say {621} how
-widely it prevails and whether it also occurs in the savage
-world. We know that the practice of cursing a god not only was
-familiar to the ancient nations of culture, including the
-Egyptians,[101] Hebrews, and other Semites,[102] but is common
-among peoples like the South African Bechuanas[103] and the Nagas
-of India.[104] And that the shedding of blood is frequently
-applied as a means of transferring curses is suggested by various
-cases in which, however, the object of the imprecation is not a
-god but a man. We have previously noticed the reception
-sacrifices offered to visiting strangers, presumably for the
-purpose of transmitting to them conditional curses;[105] and a
-very similar idea seems to underlie certain cases of oath-taking.
-Sometimes the oath is taken in connection with a sacrifice made
-to a god, and then the sanctity of the sacrificial animal
-naturally increases the efficacy of the self-imprecation. In
-other instances the oath is taken on the blood of an animal which
-is killed for the purpose, apparently without being sacrificed to
-a god. But in either case, I believe, the blood of the animal is
-thought not only to add supernatural energy to the oath, but to
-transfer, as it were, the self-imprecation to the very person who
-pronounces it. The Mrús, a Chittagong hill tribe, "will swear by
-one of their gods, to whom, at the same time, a sacrifice must be
-offered."[106] Among the ancient Norsemen both the accused and
-the accuser grasped the holy ring kept for that purpose on the
-altar, stained with the blood of a sacrificial bull, and made
-oath by invoking Freyr, Niordr, and the almighty among the
-Asas.[107] At Athens a person who charged another with murder
-made an oath with imprecations upon himself and his family and
-his house, standing upon the entrails of a boar, a ram, and a
-bull, {622} which had been sacrificed by special persons on the
-appointed days.[108] Tyndareus "sacrificed a horse and swore the
-suitors of Helen, making them stand on the pieces of the horse,"
-the oath being to defend Helen and him who might be chosen to
-marry her if ever they should be wronged.[109] One of the three
-binding forms of oath prevalent among the Sânsiya in India is to
-"kill a cock and pouring its blood on the ground swear over
-it."[110] When the Annamese swear by heaven and earth, they often
-kill a buffalo or he-goat and drink its blood.[111] Among the
-ancient Arabs comrades in arms swore fidelity to each other by
-dipping their hands in the blood of a camel killed for the
-purpose.[112]
-
-[Footnote 101: _Book of the Dead_, ch. 125.]
-
-[Footnote 102: _Exodus_, xxii. 28. _1 Samuel_, xvii. 43.
-_Isaiah_, viii. 21.]
-
-[Footnote 103: Chapman, _Travels in the Interior of South
-Africa_, i. 45 _sq._]
-
-[Footnote 104: Woodthorpe, 'Wild Tribes inhabiting the so-called
-Naga Hills,' in _Jour. Anthr. Inst._ xi. 70.]
-
-[Footnote 105: _Supra_, i. 590 _sq._]
-
-[Footnote 106: Lewin, _Wild Races of South-Eastern India_,
-p. 233. _Cf._ _ibid._ p. 244 (Pankhos and Bunjogees).]
-
-[Footnote 107: _Landnámabók_, iv. 7 (_Islendínga Sögur_, i. 258).
-Lea, _Superstition and Force_, p. 27. Keyser, _Efterladte
-Skrifter_, ii. pt. i. 388. Gummere, _Germanic Origins_, p. 301.]
-
-[Footnote 108: Demosthenes, _Oratio (xxiii.) contra
-Aristocratem_, 67 _sq._, p. 642.]
-
-[Footnote 109: Pausanias, iii. 20. 9. For Homeric oath sacrifices
-see _Iliad_, iii. 260 _sqq._; xix. 250 _sqq._; Keller, _Homeric
-Society_, p. 176 _sqq._]
-
-[Footnote 110: Crooke, _Tribes and Castes of the North-Western
-Provinces_, iv. 281.]
-
-[Footnote 111: Kohler, _Rechtsvergleichende Studien_, p. 208.]
-
-[Footnote 112: Wellhausen, _Reste arabischen Heidentums_, p. 128.]
-
-The last mentioned case, which implies shedding of blood as a
-means of sealing a compact, leads us to a special class of
-sacrifices offered to gods, namely, the covenant sacrifice, known
-to us from Semitic antiquity. The Hebrews, as Professor Robertson
-Smith observes,[113] thought of the national religion as
-constituted by a formal covenant sacrifice at Mount Sinai, where
-half of the blood of the sacrificed oxen was sprinkled on the
-altar and the other half on the people,[114] or even by a still
-earlier covenant rite in which the parties were Yahve and
-Abraham;[115] and the idea of sacrifice establishing a covenant
-between God and man is also apparent in the Psalms.[116] In
-various cases recorded in the Old Testament sacrifice is
-accompanied by a sacrificial meal;[117] "the god and his
-worshippers are wont to eat and drink together, and by this token
-their fellowship is declared {623} and sealed."[118] Robertson
-Smith and his followers have represented this as an act of
-communion, as a sacrament in which the whole kin--the god with
-his clansmen--unite, and in partaking of which each member renews
-his union with the god and with the rest of the clan. At first,
-we are told, the god--that is, the totem god--himself was eaten,
-whilst at a later stage the practice of eating the god was
-superseded by the practice of eating with the god. Communion
-still remains the core of sacrifice; and it is said that only
-subsequently the practice of offering gifts to the deity develops
-out of the sacrificial union between the worshippers and their
-god.[119] But I venture to think that the whole of this theory is
-based upon a misunderstanding of the Semitic evidence, and that
-existing beliefs in Morocco throw new light upon the covenant
-sacrifice.
-
-[Footnote 113: Robertson Smith, _Religion of the Semites_, p. 318
-_sq._]
-
-[Footnote 114: _Exodus_, xxiv. 4 _sqq._]
-
-[Footnote 115: _Genesis_, xv. 8 _sqq._]
-
-[Footnote 116: _Psalms_, l. 5.]
-
-[Footnote 117: _Genesis_, xxxi. 54. _Exodus_, xxiv. 11. _1
-Samuel_, xi. 15. Wellhausen says (_Prolegomena to the History of
-Israel_, p. 71) that, according to the practice of the older
-period, a meal was nearly always connected with a sacrifice.]
-
-[Footnote 118: Robertson Smith, _op. cit._ p. 271.]
-
-[Footnote 119: _Ibid._ lec. ix. _sqq._ Hartland, _Legend of
-Perseus_, ii. 236. Jevons, _Introduction to the History of
-Religion_, p. 225.]
-
-The Moorish covenant (_l-[(]ahd_) is closely connected with the
-Moorish _[(]âr_. Whilst _l-[(]âr_ is one-sided, _l-[(]ahd_ is
-mutual, both parties transferring conditional curses to one
-another. And here again the transference requires a material
-conductor. Among the Arabs of the plains and the Berbers of
-Central Morocco chiefs, in times of rebellion, exchange their
-cloaks or turbans, and it is believed that if any of them should
-break the covenant he would be punished with some grave
-misfortune. Among the Ulád Bu [(]Azîz, in the province of
-Dukkâla, it is a common custom for persons who wish to be
-reconciled after a quarrel to go to a holy man and in his
-presence join their right hands so that the fingers of the one go
-between the fingers of the other, after which the saint throws
-his cloak over the united hands, saying, "This is _[(]ahd_
-between you." Or they may in a similar manner join their hands at
-a saint's tomb over the head of the box under which the saint is
-buried, or they may perform the same ceremony simply in the
-presence of some friends. In either case the joining of hands is
-usually {624} accompanied by a common meal, and frequently the
-hands are joined over the dish after eating. If a person who has
-thus made a compact with another is afterwards guilty of a breach
-of faith, it is said that "God and the food will repay him"; in
-other words, the conditional curse embodied in the food which he
-ate will be realised. All over Morocco the usual method of
-sealing a compact of friendship is by eating together, especially
-at the tomb of some saint. As we have noticed above,[120] the
-sacredness of the place adds to the efficacy of the imprecation,
-but its vehicle, the real punisher, is the eaten food, because it
-contains a conditional curse.
-
-[Footnote 120: _Supra_, i. 587.]
-
-The _[(]ahd_ of the Moors helps us to understand the covenant
-sacrifice of the ancient Semites. The only difference between
-them is that the former is a method of establishing a compact
-between men and men, whilst the latter established a compact
-between men and their god. The idea of a mutual transference of
-conditional curses undoubtedly underlies both. It should be
-noticed that in the Old Testament also, as among the Moors, we
-meet with human covenants made by the parties eating
-together.[121] Thus the Israelites entered into alliance with the
-Gibeonites by taking of their victuals, without consulting Yahve,
-and the meal was expressly followed by an oath.[122] In other
-instances, again, the common dish consisted of sacrificial food,
-either because the sacredness of such food was supposed to make
-the conditional curse embodied in it more efficacious, or because
-the deity was included as a third party to the covenant.
-
-[Footnote 121: _Genesis_, xxvi. 30; xxxi. 46. _2 Samuel_, iii. 20
-_sq._ Robertson Smith, _op. cit._ p. 271. Nowack, _Lehrbuch der
-hebräischen Archäologie_, i. 359.]
-
-[Footnote 122: _Joshua_, ix. 14 _sq._]
-
-Whilst in some cases the object of a sacrifice is to transfer
-conditional curses either to the god to whom it is made, or to
-both the god and the worshipper, the victim or article offered
-may in other instances be used as a vehicle for transferring
-benign virtue to him who offered it or to other persons. As we
-have noticed {625} above, a sacrifice is very frequently believed
-to be endowed with beneficial magic energy in consequence of its
-contact or communion with the supernatural being to which it is
-offered, and this energy is then supposed to have a salutary
-effect upon the person who comes in touch with it. I have said
-before that in Morocco magic virtue is ascribed to various parts
-of the sheep which is sacrificed at the "Great Feast," and that
-every offering to a holy person, especially a dead saint, is
-considered to participate to some extent in his sanctity.[123]
-The Vedic people regarded sacrificial food as a kind of
-medicine.[124] The Siberian Kachinzes blessed their huts with
-sacrificial milk.[125] The Lapps strewed the ashes of their
-burnt-offerings upon their heads.[125] It is quite possible that
-in some instances a desire to receive the benefit of the
-supernatural energy with which the sacrifice is endowed is by
-itself a sufficient motive for offering it to a god.
-
-[Footnote 123: _Supra_, i. 445 _sq._ See also Westermarck, 'The
-Popular Ritual of the Great Feast in Morocco,' in _Folk-Lore_,
-xxii. 145 _sqq._; Hubert and Mauss, _loc. cit._ p. 133.]
-
-[Footnote 124: Oldenberg, _Die Religion des Veda_, p. 328 _sqq._]
-
-[Footnote 125: Georgi, _op. cit._ iii. 275.]
-
-[Footnote 126: von Düben, _Lappland och Lapparne_, p. 258.]
-
-As is the case with other rites, sacrifices also have a strong
-tendency to survive the ideas from which they sprang. Thus when
-the materialistic conception of the nature of gods faded away,
-offerings continued to be made to them, though their meaning was
-changed. As Sir E. B. Tylor observes, "the idea of practical
-acceptableness of the food or valuables presented to the deity,
-begins early to shade into the sentiment of divine gratification
-or propitiation by a reverent offering, though in itself of not
-much account to so mighty a divine personage,"[127] Sacrifice
-then becomes mainly, or exclusively, a symbol of humility and
-reverence. Even in the Rig-Veda, in spite of its crude
-materialism, we meet with indications of the idea that the value
-of a sacrifice lies in the feelings of the worshipper; if unable
-to offer an ox or cow, the singer hopes that a small gift from
-the heart, a fagot, a libation, a bundle of grass, offered with
-reverence, {626} will be more acceptable to the god than butter
-or honey.[128] In Greece, though the sacrificial ritual remained
-unchanged till the end of paganism, we frequently come upon the
-advanced reflection that righteousness is the best sacrifice,
-that the poor man's slight offering avails more with the deity
-than hecatombs of oxen.[129] According to Porphyry, the gods have
-no need of banquets and magnificent sacrifices, but we should
-with the greatest alacrity make a moderate oblation to them of
-our own property, as "the honours which we pay to the gods should
-be accompanied by the same promptitude as that with which we give
-the first seat to worthy men."[130] It is said in the Talmud that
-"he who offers humility unto God and man, shall be rewarded with
-a reward as if he had offered all the sacrifices in the world."[131]
-
-[Footnote 127: Tylor, _Primitive Culture_, ii. 394.]
-
-[Footnote 128: _Rig-Veda_, viii. 19. 5. Kaegi, _op. cit._ p. 30.]
-
-[Footnote 129: Farnell, _Cults of the Greek States_, i. 101.
-Schmidt, _Die Ethik der alten Griechen_, ii. 43. Westcott,
-_Essays in the History of Religious Thought_, p. 116.]
-
-[Footnote 130: Porphyry, _De abstinentia ab esu animalium_, ii. 60.]
-
-[Footnote 131: Deutsch, _Literary Remains_, p. 55.]
-
-I have here spoken of the _practice_ of sacrifice and the ideas
-on which it is based. But sacrifice has also a moral value
-attached to it. Though no doubt in many cases optional, it is
-under various circumstances regarded as a stringent duty. This is
-particularly the case with the offerings regularly made by the
-community at large on special occasions fixed by custom.
-
-       *       *       *       *       *
-
-As supernatural beings have material needs like men, they also
-possess property like men, and this must not be interfered with.
-The Fjort of West Africa believe that the spirits of the rivers
-kill those who drink their waters and sometimes punish those who
-fish in them for greediness, by making them deaf and dumb.[132]
-When their chief god "played" by thundering, the Amazulu said to
-him who was frightened, "Why do you start, because the lord
-plays? What have you taken which belongs to him?"[133] The
-Fijians speak of a deluge {627} the cause of which was the
-killing of a favourite bird belonging to the god Ndengei by two
-mischievous lads, his grandsons.[134] In Efate, of the New
-Hebrides, to steal cocoanuts which are consecrated to the worship
-of the gods at some forthcoming festival "would be regarded as a
-much greater offence than common stealing."[135] So, too, the
-pillaging of a temple has commonly been looked upon as the worst
-kind of robbery.[136] Among the Hebrews any trespass upon ground
-which was hallowed by the localised presence of Yahveh was
-visited with extreme punishment.[137] In Arabia people were
-forbidden to cut fodder, fell trees, or hunt game within the
-precincts of a sacred place.[138] The Moors believe that a person
-would incur a very great risk indeed by cutting the branch of a
-tree or shooting a bird in the _[h.]orm_ of a _síyid_, or dead
-saint. The _[h.]orm_ is the homestead and domain of the saint,
-and he is the owner of everything within its borders. But the
-offence is not exclusively one against property, and it may be
-doubted whether originally any clear idea of ownership at all was
-connected with it. In a holy place all objects are endowed with
-supernatural energy, and may therefore themselves, as it were,
-avenge injuries committed against them. This is true of the
-_[h.]orm_ of a saint, as well as of any other sanctuary, all his
-belongings being considered to partake of his sanctity. But, as a
-matter of fact, the so-called tomb of a saint is frequently a
-place which was at first regarded as holy by itself, on account
-of its natural appearance, and was only afterwards traditionally
-associated with a holy person, when the need was felt of giving
-an anthropomorphous interpretation of its holiness.[139]
-According to early ideas a {628} sacred object cannot with
-impunity be appropriated for ordinary purposes;[140] but, on the
-other hand, visitors are allowed to take a handful of earth from
-the tomb of the saint or in certain cases to cut a small piece of
-wood from some tree growing in his _[h.]orm_, to be used as a
-charm.[141] It also deserves notice that the saint protects not
-only his own property, but any goods left in his care; hence the
-country Arabs of Morocco often have their granaries in the
-_[h.]ór[)u]mat_ of saints.
-
-[Footnote 132: Dennett, _Folklore of the Fjort_, p. 5 _sq._]
-
-[Footnote 133: Callaway, _Religious System of the Amazulu_, p. 57.]
-
-[Footnote 134: Williams and Calvert, _op. cit._p. 212.]
-
-[Footnote 135: Macdonald, _Oceania_, p. 208.]
-
-[Footnote 136: Schmidt, _Ethik der alten Griechen_, ii. 19 _sq._
-Cicero, _De legibus_, ii. 9, 16; Mommsen, _Römisches Strafrecht_,
-p. 458. Wilda, _Strafrecht der Germanen_, p. 950; Dahn,
-_Bausteine_, ii. 106 (Teutons). Du Boys, _Histoire du droit
-criminel des peuples modernes_, ii. 605 _sq._ Filangieri, _La
-scienza della legislazione_, iv. 205 (laws of Christian countries).]
-
-[Footnote 137: Montefiore, _Hibbert Lectures on the Religion of
-the Ancient Hebrews_, p. 38.]
-
-[Footnote 138: Wellhausen, _Reste arabischen Heidentums_, p. 106.]
-
-[Footnote 139: Westermarck, 'Sul culto dei santi nel Marocco,' in
-_Actes du XII. Congrès International des Orientalistes_, iii.
-175. _Cf._ Goldziher, _Muhammedanische Studien_, ii. 344 _sqq._]
-
-[Footnote 140: See Robertson Smith, _op. cit._ lec. iv. and
-Additional Note B.]
-
-[Footnote 141: Westermarck, in _Actes du XII. Congrès des
-Orientalistes_, iii. 167 _sq._]
-
-Moreover, anybody who takes refuge at a _síyid_ is for the moment
-safe. The right of sanctuary is regarded as very sacred in
-Morocco, especially in those parts of the country where the
-Sultan's government has no power. To violate it is an outrage
-which the saint is sure to punish. I saw a madman whose insanity
-was attributed to the fact that he once had forcibly removed a
-fugitive from a saint's tomb; and of a late Grand-Vizier it is
-said that he was killed by two powerful saints of Dukkâla, on
-whose refugees he had laid violent hands. Even the descendants of
-the saint or his manager (_m[k.]áddem_) can only by persuasion
-and by promising to mediate between the suppliant and his pursuer
-induce the former to leave the place.[142] As is well known, this
-is not a custom restricted to Morocco. Among many peoples, at
-different stages of civilisation, sacred places give shelter to
-refugees.[143]
-
-[Footnote 142: See Westermarck, _The Moorish Conception of
-Holiness_, p. 116 _sqq._]
-
-[Footnote 143: See Andree, 'Die Asyle,' in _Globus_, xxxviii. 301
-_sq._; Frazer, 'Origin of Totemism,' in _Fortnightly Review_, N.
-S. lxv. 650 _sqq._; Hellwig, _Das Asylrecht_, _passim_;
-Bulmerincq, _Das Asylrecht_, _passim_. Fuld, 'Das Asylrecht im
-Alterthum und Mittelalter,' in _Zeitschr. f. vergl. Rechtswiss._
-vii. p. 103 _sqq._]
-
-Among the Central Australian Arunta there is in each local totem
-centre a spot called _ertnatulunga_, in the immediate
-neighbourhood of which everything is sacred and must on no
-account be hurt. The plants growing there are never interfered
-with in any way; animals which come there are safe {629} from the
-spear of the hunter; and a man who was being pursued by others
-would not be touched so long as he remained at this spot.[144] In
-Upolu, one of the Samoan Islands, a certain god, Vave, had his
-residence in an old tree, which served as an asylum for murderers
-and other great offenders; if that tree was reached by the
-criminal he was safe, and the avenger could pursue no farther,
-but had to wait for investigation and trial.[145] In the island
-of Hawaii there were two _puhonuas_, or cities of refuge, which
-afforded an inviolable sanctuary even to the vilest criminal who
-entered their precincts, and during war offered safe retreat to
-all the non-combatants of the neighbouring districts who flocked
-into them, as well as to the vanquished. As soon as the fugitive
-had entered, he repaired to the presence of the idol and made a
-short ejaculatory address, expressive of his obligations to him
-in reaching the place with security. The priests and their
-adherents would immediately put to death anyone who should have
-the temerity to follow or molest those who were once within the
-pale of the _pahu tabu_, and, as they put it, under the shade or
-protection of the spirit of Keave, the tutelary deity of the
-place. After a short period, probably not more than two or three
-days, the refugee was permitted to return unmolested to his home,
-the divine protection being supposed still to abide with
-him.[146] In Tahiti the _morais_, or holy places, likewise gave
-shelter to criminals of every kind.[147] At Maiva, in the
-South-Eastern part of New Guinea, "should a man be pursued by an
-enemy and take refuge in the _dubu_ [or temple], he is perfectly
-safe inside. Any one smiting another inside the _dubu_ would have
-his arms and legs shrivelled up, and he could do nothing but wish
-to die."[148]
-
-[Footnote 144: Spencer and Gillen, _Native Tribes of Central
-Australia_, p. 133 _sqq._]
-
-[Footnote 145: Turner, _Samoa_, p. 64 _sq._]
-
-[Footnote 146: Ellis, _Tour through Hawaii_, p. 155 _sqq._
-Jarves, _History of the Hawaiian Islands_, p. 28 _sq._]
-
-[Footnote 147: Turnbull, _Voyage round the World_, p. 366.
-Wilson, _Missionary Voyage to the Southern Pacific Ocean_, p. 351.]
-
-[Footnote 148: Chalmers and Gill, _Work and Adventure in New
-Guinea_, p. 186.]
-
-In many North American tribes certain sacred places or whole
-villages served as asylums, in which those who were pursued by
-the tribe or even an enemy were safe as soon as they had obtained
-admission.[149] Among the Acagchemem Indians, in the valley and
-neighbourhood of San Juan Capistrano in California, a criminal
-who had fled to a _vanquech_, or place of worship, was secure not
-only as long as he remained there, but {630} also after he had
-left the sanctuary. It was not even lawful to mention his crime,
-but all that the avenger could do to him was to point at him and
-deride him, saying, "Lo, a coward, who has been forced to flee to
-Chinigchinich!" This flight, however, turned the punishment from
-the head of the criminal upon that of some of his relatives.[150]
-
-[Footnote 149: Adair, _History of the American Indians_, pp. 158,
-159, 416. Bradbury, _Travels in the Interior of America_, p. 165
-_sq._ (Aricaras of the Missouri). Bourke, 'Medicine-Men of the
-Apache,' in _Ann. Rep. Bur. Ethn._ ix. 453. Kohl, _Kitchi-Gami_,
-p. 271 (Chippewas).]
-
-[Footnote 150: Bancroft, _Native Races of the Pacific States_,
-iii. 167. Boscana, in [Robinson,] _Life in California_, p. 262 _sq._]
-
-The South-Central African Barotse have a city of refuge. "Anyone
-incurring the king's wrath, or committing a crime, may find
-safety by fleeing to this town. The man in charge of it is
-expected to plead for him before the chief, and he can then
-return to his house in peace."[151] Among the same people the
-tombs of chiefs are sanctuaries or places of refuge,[152] and
-this is also the case among the Kafirs.[153] So, too, in the
-monarchical states of the Gallas homicides enjoy a legal right of
-asylum if they have succeeded in taking refuge in a hut near the
-burial-place of the king.[154] Among the Ovambo in South-Western
-Africa the village of a great chief is abandoned at his death,
-except by the members of a certain family, who remain there to
-prevent it from falling into utter decay. Condemned criminals who
-contrive to escape to one of these deserted villages are safe, at
-least for a time; for not even the chief himself may pursue a
-fugitive into the sacred place.[155] In Congo Français there are
-several sanctuaries:--"The great one in the Calabar district is
-at Omon. Thither mothers of twins, widows, thieves, and slaves
-fly, and if they reach it are safe."[156] In Ashantee a slave who
-flies to a temple and dashes himself against the fetish cannot
-easily be brought back to his master.[157] Among the Negroes of
-Accra criminals used to "seat themselves upon the fetish," that
-is, place themselves under its protection; but murderers who
-sought refuge with the fetish were always liable to be delivered
-up to their pursuers.[158] A traveller in the seventeenth century
-tells us that in Fetu, on the Gold Coast, a criminal who deserved
-death was pardoned by taking refuge in the hut of the
-high-priest.[159] Among the Krumen of the Grain Coast the house
-of the high-priest (_bodio_) "is a sanctum to which culprits
-{631} may betake themselves without the danger of being removed
-by anyone except by the _bodio_ himself."[160] In Usambara a
-murderer cannot be arrested at any of the four places where the
-great wizards of the country reside.[161]
-
-[Footnote 151: Arnot, _Garenganze_, p. 77.]
-
-[Footnote 152: Decle, _Three Years in Savage Africa_, p. 75.]
-
-[Footnote 153: Rehme, 'Das Recht der Amaxosa,' in _Zeitschr. f.
-vergl. Rechtswiss._ x. 51.]
-
-[Footnote 154: Paulitschke, _Ethnographie Nordost-Afrikas, Die
-geistige Cultur der Danâkil, &c._ p. 157.]
-
-[Footnote 155: Schinz, _Deutsch-Südwest-Afrika_, p. 312.]
-
-[Footnote 156: Kingsley, _Travels in West Africa_, p. 466.]
-
-[Footnote 157: Bowdich, _Mission to Ashantee_, p. 265. _Cf._
-Monrad, _op. cit._ p. 42.]
-
-[Footnote 158: Monrad, _op. cit._ p. 89.]
-
-[Footnote 159: Müller, _Die Africanische Landschafft Fetu_,
-p. 75.]
-
-[Footnote 160: Wilson, _Western Africa_, p. 129.]
-
-[Footnote 161: Krapf, _Reisen in Ost-Afrika_, ii. 132.]
-
-In other Muhammedan countries besides Morocco the tombs of
-saints, as also the mosques, are or have been places of
-refuge.[162] In Persia the great number of such asylums proved so
-injurious to public safety, that about the middle of the
-nineteenth century only three mosques were left which were
-recognised by the government as affording protection to criminals
-of every description.[163] Among the Hebrews the right of asylum
-originally belonged to all altars,[164] but on the abolition of
-the local altars it was limited to certain cities of refuge.[165]
-According to the Old Testament manslayers could find shelter
-there only in the case of involuntary homicide; but this was
-undoubtedly a narrowing of the ancient custom. Many heathen
-sanctuaries of the Ph[oe]nicians and Syrians retained even in
-Roman times what seems to have been an unlimited right of
-asylum;[166] and at certain Arabian shrines the god likewise gave
-shelter to all fugitives without distinction, and even stray or
-stolen cattle that reached the holy ground could not be reclaimed
-by their owners.[167]
-
-[Footnote 162: Goldziher, _Muhammedanische Studien_, i. 237 _sq._
-Quatremère, 'Mémoire sur les asiles chez les Arabes,' in
-_Mémoires de l'Institut de France, Académie des Inscriptions et
-Belles-Lettres_, xv. pt. ii. 313 _sq._]
-
-[Footnote 163: Polak, _Persien_, ii. 83 _sqq._ Brugsch, _Im Lande
-der Sonne_, p. 246.]
-
-[Footnote 164: _Exodus_, xxi. 13 _sq._ _Cf._ Robertson Smith,
-_Religion of the Semites_, p. 148, n. 1.]
-
-[Footnote 165: _Numbers_, xxxv. 11 _sqq._ _Deuteronomy_, iv. 41
-_sqq._; xix. 2 _sqq._]
-
-[Footnote 166: Robertson Smith, _op. cit._ p. 148.]
-
-[Footnote 167: _Ibid._ p. 148 _sq._]
-
-On the Coast of Malabar a certain temple situated to the
-south-east of Calicut affords protection to thieves and
-adulterous women belonging to the Brahmin caste, but this
-privilege is reckoned among the sixty-four _anatcharams_, or
-"abuses," which were introduced by Brahmanism.[168] Among the
-Káfirs of the Hindu-Kush there are several "cities of refuge,"
-the largest being the village of Mergrom, which is almost
-entirely peopled by _chiles_, or descendants of persons who have
-slain some fellow tribesman.[169] In the Caucasus holy groves
-offer refuge to criminals, as also to animals, which cannot be
-shot there.[170]
-
-[Footnote 168: Graul, _Reise nach Ostindien_, iii. 332, 335.]
-
-[Footnote 169: Scott Robertson, _Káfirs of the Hindu-Kush_, p. 441.]
-
-[Footnote 170: Hahn, _Kaukasische Reisen_, p. 122.]
-
-In Greece many sanctuaries possessed the right of asylum down to
-the end of paganism, and any violation of this right {632} was
-supposed to be severely punished by the deity.[171] According to
-an old tradition, Romulus established a sanctuary, dedicated to
-some unknown god or spirit, on the slope of the Capitoline Hill,
-proclaiming that all who resorted to it, whether bond or free,
-should be safe.[172] This tradition, and also some other
-statements made by Latin writers,[173] seem to indicate that from
-ancient times certain sacred places in Rome gave shelter to
-refugees; but it was only in a comparatively late period of Roman
-history that the right of sanctuary, under Greek influence,
-became a recognised institution of some importance.[174] This
-right was expressly conferred upon the temple which in the year
-42 B.C. was built in honour of Cæsar;[175] and other imperial
-temples, as also the statues of emperors, laid claim to the same
-privilege.[176] When Christianity became the religion of the
-State a similar claim was made by the churches; but a legal right
-of asylum was only granted to them by Honorius in the West and
-Theodosius in the East.[177] Subsequently it was restricted by
-Justinian, who decreed that all manslayers, adulterers, and
-kidnappers of women who fled to a church should be taken out of
-it.[178]
-
-[Footnote 171: Tacitus, _Annales_, iii. 60 _sqq._ Farnell, _op.
-cit._ i. 73. Westcott, _op. cit._ p. 115. Schmidt, _Die Ethik der
-alten Griechen_, ii. 285. Bulmerincq, _op. cit._ p. 35 _sqq._
-Fuld, _loc. cit._ p. 118 _sqq._]
-
-[Footnote 172: Dionysius of Halicarnassus, _Antiquitates Romanæ_,
-ii. 15. Livy, i. 8. 5 _sq._ Plutarch, _Romulus_, ix. 5. Strabo,
-v. 3. 2, p. 230.]
-
-[Footnote 173: Valerius Maximus, _Facta dictaque memorabilia_,
-viii. 9. 1. Dionysius of Halicarnassus, _Antiquitates Romanæ_,
-vi. 45. Cicero, _De lege agraria oratio secunda_, 14 (36). See
-also Hartung, _Die Religion der Römer_, ii. 58 _sq._]
-
-[Footnote 174: See Tacitus, _Annales_, iii. 36; Plautus,
-_Rudens_, 723; Dio Cassius, _Historia Romana_, xlvii. 19;
-Bulmerincq, _op. cit._ p. 58 _sqq._; Mommsen, _Römisches
-Strafrecht_, p. 458 _sq._]
-
-[Footnote 175: Dio Cassius, xlvii. 19.]
-
-[Footnote 176: Tacitus, _Annales_, iv. 67. Suetonius, _Tiberius_,
-53. Mommsen, _op. cit._ p. 460.]
-
-[Footnote 177: Mommsen, _op. cit._ p. 461 _sq._]
-
-[Footnote 178: _Novellæ_, xvii. 7.]
-
-The right of sanctuary existed among the pagan Slavs, or some of
-them,[179] and probably also among the ancient Teutons.[180]
-After their conversion to Christianity the privilege of asylum
-within the church was recognised in most of their codes. In the
-Middle Ages and later, persons who fled to a church or to certain
-boundaries surrounding it were, for a time at least, safe from
-all persecution, it being considered treason against God, an
-offence beyond compensation, to force even the most flagrant
-criminal from His altar. The ordinary of the sacred place, or
-{633} his official, was the only one who could try to induce him
-to leave it, but if he failed, the utmost that could be done was
-to deny the refugee victuals so that he might go forth
-voluntarily.[181] In the 'Lex Baiuwariorum' it is asserted in the
-strongest terms that there is no crime which may not be pardoned
-from the fear of God and reverence for the saints.[182] But the
-right of sanctuary was gradually subjected to various
-restrictions both by secular legislation and by the Church.[183]
-Innocentius III. enjoined that refuge should not be given to a
-highway robber or to anybody who devastated cultivated fields at
-night;[184] and according to Beaumanoir's 'Coutumes du
-Beauvoisis,' dating from the thirteenth century, it was also
-denied to persons guilty of sacrilege or arson.[185] The
-Parliament of Scotland enacted that whoever took the protection
-of the Church for homicide should be required to come out and
-undergo an assize, that it might be found whether it was
-committed of "forethought felony" or in "chaudemelle"; and only
-in the latter case was he to be restored to the sanctuary, the
-sheriff being directed to give him security to that effect before
-requiring him to leave it.[186] In England, in the reign of Henry
-VIII., there were certain places which were allowed to be "places
-of tuition and privilege," in addition to churches and their
-precincts. They were in fact cities of permanent refuge for
-persons who should, according to ancient usage, have abjured the
-realm, after they had fled in the ordinary way to a church. There
-was a governor in each of these privileged places, charged with
-the duty of mustering every day his men, who were not to exceed
-twenty in each town and who had to wear a badge whenever they
-appeared out of doors. But when these regulations were made, the
-protection of sanctuary was taken away from persons guilty of
-murder, rape, burglary, highway robbery, or arson. The law of
-sanctuary was then left unchanged till the reign of James I.,
-when, in theory, the privilege in question was altogether denied
-to criminals.[187] Yet {634} as a matter of fact, asylums
-continued to exist in England so late as the reign of George I.,
-when that of St. Peter's at Westminster was demolished.[188] In
-the legislation of Sweden the last reference to the privilege of
-sanctuary is found in an enactment of 1528.[189] In France it was
-abolished by an _ordonnance_ of 1539.[190] In Spain it existed
-even in the nineteenth century.[191] Not long ago the most
-important churches in Abyssinia,[192] the monastery of Affaf
-Woira in the same country,[193] and the quarter in Gondar where
-the head of the Abyssinian clergy has his residence,[194] were
-reported to be asylums for criminals. And the same is the case
-with the old Christian churches among the Suanetians of the
-Caucasus.[195]
-
-[Footnote 179: Helmold, _Chronik der Slaven_, i. 83, p. 170.]
-
-[Footnote 180: Wilda, _Das Strafrecht der Germanen_, p. 248 _sq._
-Stemann, _Den danske Retshistorie indtil Christian V.'s Lov_, p.
-578. Brunner, _Deutsche Rechtsgeschichte_, ii. 610. Fuld, _loc.
-cit._ p. 138 _sq._ Frauenstädt, _Blutrache und Todtschlagsühne im
-Deutschen Mittelalter_, p. 51.]
-
-[Footnote 181: Milman, _History of Latin Christianity_, ii. 59.
-Bulmerincq, _op. cit._ p. 73 _sqq._ Fuld, _loc. cit._ p. 136
-_sqq._ Bracton, _De legibus et consuetudinibus Angliæ_, fol. 136
-b, vol. ii. 392 _sq._ Réville, 'L'abjuratio regni,' in _Revue
-historique_, l. 14 _sqq._ Pollock and Maitland, _History of
-English Law before the Time of Edward I._ ii. 590 _sq._ Innes,
-_Scotland in the Middle Ages_, p. 195 _sq._]
-
-[Footnote 182: _Lex Baiuwariorum_, i. 7.]
-
-[Footnote 183: Brunner, _op. cit._ ii. 611 _sq._ Bulmerincq, _op.
-cit._ p. 91 _sqq._ Fuld, _loc. cit._ p. 140 _sq._]
-
-[Footnote 184: Gregory IX. _Decretales_, iii. 49. 6.]
-
-[Footnote 185: Beaumanoir, _Coutumes du Beauvoisis_, xi. 15
-_sqq._, vol. i. 164 _sq._]
-
-[Footnote 186: Innes, _op. cit._ p. 198.]
-
-[Footnote 187: Pike, _History of Crime in England_, ii. 253.
-Blackstone, _Commentaries on the Laws of England_, iv. 347, n. a.]
-
-[Footnote 188: Jusserand, _English Wayfaring Life in the Middle
-Ages_, p. 166.]
-
-[Footnote 189: Nordström, _Bidrag till den svenska
-samhälls-författningens historia_, ii. 405.]
-
-[Footnote 190: Du Boys, _Histoire du droit criminel des peuples
-modernes_, ii. 246.]
-
-[Footnote 191: _Idem_, _Histoire du droit criminel de l'Espagne_,
-p. 227 _sq._]
-
-[Footnote 192: Hellwig, _op. cit._ p. 52.]
-
-[Footnote 193: Harris, _Highlands of Æthiopia_, ii. 93.]
-
-[Footnote 194: Rüppell, _Reise in Abyssinien_, ii. 74, 81. von
-Heuglin, _Reise nach Abessinien_, p. 213.]
-
-[Footnote 195: von Haxthausen, _Transcaucasia_, p. 160, n. *]
-
-The right of sanctuary has been ascribed to various causes.
-Obviously erroneous is the suggestion that places of refuge were
-established with a view to protecting unintentional offenders
-from punishment or revenge.[196] The restriction of the privilege
-of sanctuary to cases of accidental injuries is not at all
-general, and where it occurs it is undoubtedly an innovation due
-to moral or social considerations. Very frequently this privilege
-has been attributed to a desire to give time for the first heat
-of resentment to pass over before the injured party could seek
-redress.[197] But although I admit that such a desire may have
-helped to preserve the right of asylum where it has once come
-into existence, I do not believe that it could account for the
-origin of this right. We should remember that the privilege of
-sanctuary not only affords {635} temporary protection to the
-refugee, but in many cases altogether exempts him from punishment
-or retaliation, and that shelter is given even to animals which
-have fled to a sacred place. And, if the theory referred to were
-correct, how could we explain the fact that the right of asylum
-is particularly attached to sanctuaries?
-
-[Footnote 196: Hegel, _Grundlinien der Philosophie des Rechts_,
-§ 117, p. 108. Powell, 'Outlines of Sociology,' in _Saturday
-Lectures_, p. 82.]
-
-[Footnote 197: Meiners, _Geschichte der Menschheit_, p. 189.
-Nordström, _op. cit._ ii. 401. Pardessus, _Loi Salique_, p. 656.
-Bulmerincq, _op. cit._ pp. 34, 47. Fuld, _loc. cit._ pp. 102,
-118, 119, 294 _sqq._ Kohler, _Shakespeare vor dem Forum der
-Jurisprudenz_, p. 185. Quatremère, _loc. cit._ p. 314. Mr.
-Mallery (_Israelite and Indian_, p. 33 _sq._), also, thinks that
-the original object of the right of sanctuary was to restrict
-vengeance and maintain peace, and that this right only
-subsequently appeared as a prerogative of religion.]
-
-It has been said that the right of sanctuary bears testimony to
-the power of certain places to transmit their virtues to those
-who entered them.[198] But we have no evidence that the fugitive
-is supposed to partake of the sanctity of the place which
-shelters him. In Morocco persons who are permanently attached to
-mosques or the shrines of saints are generally regarded as more
-or less holy, but this is never the case with casual visitors or
-suppliants; hence it is hardly for fear of the refugee that his
-pursuer refrains from laying hands on him. Professor Robertson
-Smith has stated part of the truth in saying that "the assertion
-of a man's undoubted rights as against a fugitive at the
-sanctuary is regarded as an encroachment on its holiness."[199]
-There is an almost instinctive fear not only of shedding
-blood,[200] but of disturbing the peace in a holy place; and if
-it is improper to commit any act of violence in the house of
-another man,[201] it is naturally considered equally offensive,
-and also infinitely more dangerous, to do so in the homestead of
-a supernatural being. In the Tonga Islands, for instance, "it is
-forbidden {636} to quarrel or fight upon consecrated
-ground."[202] But this is only one aspect of the matter; another,
-equally important, still calls for an explanation. Why should the
-gods or saints themselves be so anxious to protect criminals who
-have sought refuge in their sanctuaries? Why do they not deliver
-them up to justice through their earthly representatives?
-
-[Footnote 198: Granger, _Worship of the Romans_, p. 223 _sq._]
-
-[Footnote 199: Robertson Smith, _Religion of the Semites_, p. 148.]
-
-[Footnote 200: _Supra_, i. 380.]
-
-[Footnote 201: Among the Barea and Kunáma in Eastern Africa a
-murderer who finds time to flee into another person's house
-cannot be seized, and it is considered a point of honour for the
-community to help him to escape abroad (Munzinger,
-_Ostafrikanische Studien_, p. 503). In the Pelew Islands "no
-enemy may be killed in a house, especially in the presence of the
-host" (Kubary, 'Die Palau-Inseln in der Südsee,' in _Jour. d.
-Museum Godeffroy_, iv. 25). In Europe the privilege of asylum
-went hand in hand with the sanctity of the homestead (Wilda, _op.
-cit._ pp. 242, 243, 538, 543; Nordström, _op. cit._ ii. 435;
-Fuld, _loc. cit._ p. 152; Frauenstädt, _op. cit._ p. 63 _sqq._);
-and the breach of a man's peace was proportionate to his rank.
-Whilst every man was entitled to peace in his own house, the
-great man's peace was of more importance than the common man's,
-the king's peace of more importance than the baron's, and in the
-spiritual order the peace of the Church commanded yet greater
-reverence (Pollock, 'The King's Peace,' in _Law Quarterly
-Review_, i. 40 _sq._).]
-
-[Footnote 202: Mariner, _Natives of the Tonga Islands_, ii. 232.
-_Cf._ _ibid._ i. 227.]
-
-The answer lies in certain ideas which refer to human as well as
-divine protectors of refugees. The god or saint is in exactly the
-same position as a man to whose house a person has fled for
-shelter. Among various peoples the domicile of the chief or king
-is an asylum for criminals;[203] nobody dares to attack a man who
-is sheltered by so mighty a personage, and from what has been
-said above, in connection with the rules of hospitality, it is
-also evident why the chief or king feels himself compelled to
-protect him. By being in close contact with his host, the
-suppliant is able to transfer to him a dangerous curse. Sometimes
-a criminal can in a similar way be a danger to the king even from
-a distance, or by meeting him, and must in consequence be
-pardoned. In Madagascar an offender escaped punishment if he
-could obtain sight of the sovereign, whether before or after
-conviction; hence criminals at work on the highroad were ordered
-to withdraw when the sovereign was known to be coming by.[204]
-Among the Bambaras "une fois la sentence prononcée, si le
-condamné parvient à cracher sur un {637} prince, non-seulement sa
-personne est sacrée, mais elle est nourrie, logée, etc., par le
-grand seigneur qui a eu l'imprudence de se tenir à portée de cet
-étrange projectile."[205] In Usambara even a murderer is safe as
-soon as he has touched the person of the king.[206] Among the
-Marutse and neighbouring tribes a person who is accused of any
-crime receives pardon if he lays a _cupa_--the fossilised base of
-a conical shell, which is the most highly valued of all their
-instruments--at the feet of his chief; and a miscreant likewise
-escapes punishment if he reaches and throws himself on the king's
-drums.[207] On the Slave Coast "criminals who are doomed to death
-are always gagged, because if a man should speak to the king he
-must be pardoned."[208] In Ashantee, if an offender should
-succeed in swearing on the king's life, he must be pardoned,
-because such an oath is believed to involve danger to the king;
-hence knives are driven through the cheeks from opposite sides,
-over the tongue, to prevent him from speaking.[209] So also among
-the Romans, according to an old Jewish writer, a person condemned
-to death was gagged to prevent him from cursing the king.[210]
-Fear of the curses pronounced by a dissatisfied refugee likewise,
-in all probability, underlay certain other customs which
-prevailed in Rome. A servant or slave who came and fell down at
-the feet of Jupiter's high-priest, taking hold of his knees, was
-for that day freed from the whip; and if a prisoner with irons
-and bolts at his feet succeeded in approaching the high-priest in
-his house, he was let loose and his fetters were thrown into the
-road, not through the door, but from the roof.[211] Moreover, if
-a criminal who had been sentenced to death accidentally met a
-Vestal virgin on his way to the place of execution, his {638}
-life was saved.[212] So sensitive to imprecations were both
-Jupiter's high-priest and the priestesses of Vesta, that the
-Praetor was never allowed to compel them to take an oath.[213]
-Now, as a refugee may by his curse force a king or a priest or
-any other man with whom he establishes some kind of contact to
-protect him, so he may in a similar manner constrain a god or
-saint as soon as he has entered his sanctuary. According to the
-Moorish expression he is then in the _[(]âr_ of the saint, and
-the saint is bound to protect him, just as a host is bound to
-protect his guest. It is not only men that have to fear the
-curses of dissatisfied refugees. Let us once more remember the
-words which Aeschylus puts into the mouth of Apollo, when he
-declares his intention to assist his suppliant, Orestes:--"Terrible
-both among men _and gods_ is the wrath of a refugee, when one
-abandons him with intent."[214]
-
-[Footnote 203: Harmon, _Voyages and Travels in the Interior of
-North America_, p. 297 (Tacullies). Lewin, _Hill Tracts of
-Chittagong_, p. 100 (Kukis). Junghuhn, _Die Battaländer auf
-Sumatra_, (Macassars and Bugis of Celebes). Tromp, 'Uit de
-Salasila van Koetei,' in _Bijdragen tot de taal- land- en
-volkenkunde van Nederlandsch-Indië_, xxxvii. 84 (natives of
-Koetei, a district of Borneo). Jung, quoted by Kohler, 'Recht der
-Marschallinsulaner,' in _Zeitschr. f. vergl. Rechtswiss._ xiv.
-447 (natives of Nauru in the Marshall Group). Turner, _Nineteen
-Years in Polynesia_, p. 334 (Samoans). Rautanen, in Steinmetz,
-_Rechtsverhältnisse_, p. 342 (Ondonga). Schinz, _op. cit._ p. 312
-(Ovambo). Rehme, 'Das Recht der Amaxosa,' in _Zeitschr. f. vergl.
-Rechtswiss._ x. 50. Merker, quoted by Kohler, 'Banturecht in
-Ostafrika,' _ibid._ xv. 55 (Wadshagga). Merker, _Die Masai_, p.
-206. Among the Barotse the residences of the Queen and the Prime
-Minister are places of refuge (Decle, _op. cit._ p. 75).]
-
-[Footnote 204: Ellis, _History of Madagascar_, i. 376.]
-
-[Footnote 205: Raffenel, _Nouveau voyage dans le pays des
-nègres_, i. 385.]
-
-[Footnote 206: Krapf, _Reisen in Ost-Afrika_, ii. 132, n. * See
-also Schinz, _op. cit._ p. 312 (Ovambo).]
-
-[Footnote 207: Gibbons, _Exploration in Central Africa_, p. 129.
-I am indebted to Mr. N. W. Thomas for drawing my attention to
-this statement.]
-
-[Footnote 208: Ellis, _E[(w]e-speaking Peoples of the Slave
-Coast_, p. 224.]
-
-[Footnote 209: _Ibid._ p. 224.]
-
-[Footnote 210: Quoted by Levias, 'Cursing,' in _Jewish
-Encyclopedia_, iv. 390.]
-
-[Footnote 211: Plutarch, _Questiones Romanæ_, 111. Aulus Gellius,
-_Noctes Atticæ_, x. 15. 8, 10.]
-
-[Footnote 212: Plutarch, _Numa_, x. 5.]
-
-[Footnote 213: Aulus Gellius, _op. cit._ x. 15. 31.]
-
-[Footnote 214: Aeschylus, _Eumenides_, 232 _sqq._]
-
-
-
-
-CHAPTER XLIX
-
-DUTIES TO GODS (_concluded_)
-
-
-SUPERNATURAL beings are widely believed to have a feeling of
-their worth and dignity. They are sensitive to insults and
-disrespect, they demand submissiveness and homage.
-
-"The gods of the Gold Coast," says Major Ellis, "are jealous
-gods, jealous of their dignity, jealous of the adulation and
-offerings paid to them; and there is nothing they resent so much
-as any slight, whether intentional or accidental, which may be
-offered them. . . . There is nothing that offends them so deeply
-as to ignore them, or question their power, or laugh at them."[1]
-The wrath of Yahveh burst forth with vehemence whenever his
-honour or sanctity was in the least violated, however
-unintentionally.[2] Many peoples consider it insulting and
-dangerous merely to point at one of the celestial bodies;[3] and
-among the North American Indians it is a widespread belief that,
-if anybody points at the rainbow, the finger will wither or
-become misshapen.[4]
-
-[Footnote 1: Ellis, _Tshi-speaking Peoples of the Gold Coast_, p. 11.]
-
-[Footnote 2: _Cf._ Montefiore, _Hibbert Lectures on the Religion
-of the Ancient Hebrews_, pp. 38, 102.]
-
-[Footnote 3: Liebrecht, _Zur Volkskunde_, p. 341, Dorman, _Origin
-of Primitive Superstitions_, p. 344 (Chippewas). Wuttke, _Der
-deutsche Volksaberglaube der Gegenwart_, § 11, p. 13 _sq._]
-
-[Footnote 4: Mooney, 'Myths of the Cherokee,' in _Ann. Rep. Bur.
-Ethn._ xix. 257, 442.]
-
-Nor is it to supernatural danger only that a person exposes
-himself by irreverence to a god, but in many cases he is also
-punished by his fellow men. On the Slave Coast insults to a god
-"are always resented and punished by the {640} priests and
-worshippers of that god, it being their duty to guard his
-honour."[5] Among the ancient Peruvians[6] and Hebrews,[7] as
-also among Christian nations up to comparatively recent times,
-blasphemy was a capital offence. In England, in the reign of
-Henry VIII., a boy of fifteen was burned because he had spoken,
-much after the fashion of a parrot, some idle words affecting the
-sacrament of the altar, which he had chanced to hear but of which
-he could not have understood the meaning.[8] According to
-Muhammedan law a person guilty of blasphemy is to be put to death
-without delay, even though he profess himself repentant, as
-adequate repentance for such a sin is deemed impossible.[9] These
-and similar laws are rooted in the idea that the god is
-personally offended by the insult. It was the Lord himself who
-made the law that he who blasphemed His name should be stoned to
-death by all the congregation.[10] "Blasphemy," says Thomas
-Aquinas, "as being an offence directly against God, outweighs
-murder, which is an offence against our neighbour . . . . The
-blasphemer intends to wound the honour of God."[11] That
-blasphemy is, or should be, punished not as a sin against the
-deity but as an offence against the religious feelings of men, is
-an idea of quite modern origin.
-
-[Footnote 5: Ellis, _E[(w]e-speaking Peoples of the Slave Coast_,
-p. 81.]
-
-[Footnote 6: Prescott, _History of the Conquest of Peru_, i. 42.]
-
-[Footnote 7: _Leviticus_, xxiv. 14 _sqq._]
-
-[Footnote 8: Pike, _History of Crime in England_, ii. 56.]
-
-[Footnote 9: Lane, _Manners and Customs of the Modern Egyptians_,
-p. 123.]
-
-[Footnote 10: _Leviticus_, xxiv. 16.]
-
-[Footnote 11: Thomas Aquinas, _Summa theologica_, ii.-ii. 13. 3. 1.]
-
-In many cases it is considered offensive to a supernatural being
-merely to mention his name. Sometimes the name is tabooed on
-certain occasions only or in ordinary conversation, sometimes it
-is not to be pronounced at all.
-
-In Morocco the _jnûn_ (_jinn_) must not be referred to by name in
-the afternoon and evening after the _[(]â[s.]ar_. If speaking of
-them at all, the people then make use of some circumlocution; the
-Berbers of Southern Morocco call them _w[=i]d-iá[d.]nin_, "those
-others," or _w[=i]d-ur[d.]-h[)e]r'nin_, "those unseen," or
-_w[=i]d-tntl-tísnt_, "those who shun salt." The Greenlanders dare
-not pronounce the name of a glacier {641} as they row past it,
-for fear lest it should be offended and throw off an iceberg.[12]
-Some North American Indians believe that if, when travelling,
-they mention the names of rocks or islands or rivers, they will
-have much rain or be wrecked or be devoured by some monster in
-the river.[13] The Omahas, again, "are very careful not to use
-names which they regard as sacred on ordinary occasions; and no
-one dares to sing sacred songs except the chiefs and old men at
-the proper times."[14] Some other Indians considered it a
-profanation to mention the name of their highest divinity.[15]
-Among certain Australian natives the elders of the tribe impart
-to the youth, on his initiation, the name of the god
-Tharam[=u]l[)u]n; but there is such a disinclination to pronounce
-his name that, in speaking of him, they generally use elliptical
-expressions, such as "He," "the man," or "the name I told you
-of," and the women only know him by the name of Papang
-(father).[16] The Marutse and allied tribes along the Zambesi
-shrink from mentioning the real name of their chief god Nyambe
-and therefore substitute for it the word _molemo_, which has a
-very comprehensive meaning, denoting, besides God, all kinds of
-good and evil spirits, medicines, poisons, and amulets.[17]
-According to Cicero, there was a god, a son of Nilus, whose name
-the Egyptians considered it a crime to pronounce;[18] and
-Herodotus is unwilling to mention the name of Osiris on two
-occasions when he is speaking of him.[19] The divine name of
-Indra was secret, the real name of Agni was unknown.[20] The gods
-of Brahmanism have mystic names, which nobody dares to speak.[21]
-The real name of Confucius is so sacred that it is a statutable
-offence in China to {642} pronounce it; and the name of the
-supreme god of the Chinese is equally tabooed. "_Tien_," they
-say, "means properly only the material heaven, but it also means
-Shang-Te (supreme ruler, God); for, as it is not lawful to use
-his name lightly, we name him by his residence, which is in
-_tien_."[22] The "great name" of Allah is a secret name, known
-only to prophets, and possibly to some great saints.[23] Yahveh
-said, "Thou shalt not take the name of the Lord thy God in vain;
-for the Lord will not hold him guiltless that taketh his name in
-vain";[24] and orthodox Jews avoid mentioning the word Yahveh
-altogether.[25] Among Christian nations, as Professor Nyrop
-observes, there is a common disinclination to use the word "God"
-or its equivalents in everyday speech. The English say _good_
-instead of God ("good gracious," "my goodness," "thank
-goodness"); the Germans, _Potz_ instead of _Gotts_ ("Potz Welt,"
-"Potz Wetter," "Potz Blitz"); the French, _bleu_ instead of
-_Dieu_ ("corbleu," "morbleu," "sambleu"); the Spaniards, _brios_
-or _diez_ instead of _Dios_ ("voto á brios," "juro á brios," "par
-diez").[26]
-
-[Footnote 12: Nansen, _Eskimo Life_, p. 233.]
-
-[Footnote 13: Nyrop, 'Navnets magt,' in _Mindre Afhandlinger
-udgivne af det philologisk-historiske Samfund_, 1887, p. 28.]
-
-[Footnote 14: Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur.
-Ethn._ iii. 370.]
-
-[Footnote 15: Adair, _History of the American Indians_, p. 54.]
-
-[Footnote 16: Howitt, 'Some Australian Beliefs,' in _Jour. Anthr.
-Inst._ xiii. 192. See also _Idem_, _Native Tribes of South-East
-Australia_, pp. 489, 495.]
-
-[Footnote 17: Holub, _Seven Years in South Africa_, ii. 301.]
-
-[Footnote 18: Cicero, _De natura deorum_, iii. 22 (56).]
-
-[Footnote 19: Herodotus, ii. 132, 171.]
-
-[Footnote 20: Hopkins, _Religions of India_, pp. 93, 111.]
-
-[Footnote 21: _Ibid._ p. 184.]
-
-[Footnote 22: Friend, 'Euphemism and Tabu in China,' in
-_Folk-Lore Record_, iv. 76. _Cf._ Edkins, _Religion in China_, p. 72.]
-
-[Footnote 23: Sell, _Faith of Islám_, p. 185. Lane, _Modern
-Egyptians_, p. 273.]
-
-[Footnote 24: _Exodus_, xx. 7.]
-
-[Footnote 25: Herzog-Plitt, _Real-Encyklopädie für
-protestantische Theologie_, vi. 501 _sq._]
-
-[Footnote 26: Nyrop, _loc. cit._ p. 155 _sqq._]
-
-These taboos have sprung from fear. There is, first, something
-uncanny in mentioning the name of a supernatural being, even
-apart from any definite ideas connected with the act. But to do
-so is also supposed to summon him or to attract his attention,
-and this may be considered dangerous, especially if he is looked
-upon as malevolent or irritable, as is generally the case with
-the Moorish _jnûn_. The uncanny feeling or the notion of danger
-readily leads to the belief that the supernatural being feels
-offended if his name is pronounced; we have noticed a similar
-association of thought in connection with the names of the dead.
-But a god may also have good reason for wishing that his name
-should not be used lightly or taken in vain. According {643} to
-primitive ideas a person's name is a part of his personality,
-hence the holiness of a god may be polluted by his name being
-mentioned in profane conversation. Moreover, it may be of great
-importance for him to prevent his name from being divulged, as
-magic may be wrought on a person through his name just as easily
-as through any part of his body. In early civilisation there is a
-common tendency to keep the real name of a human individual
-secret so that sorcerers may not make an evil use of it;[27] and
-it is similarly believed that gods must conceal their true names
-lest other gods or men should be able to conjure with them.[28]
-The great Egyptian god Râ declared that the name which his father
-and mother had given him remained hidden in his body since his
-birth, so that no magician might have magic power over him.[29]
-The list of divine names possessed by the Roman pontiffs in their
-_indigitamenta_ was a magical instrument which laid at their
-mercy all the forces of the spirit world;[30] and we are told
-that the Romans kept the name of their tutelary god secret in
-order to prevent their enemies from drawing him away by pronouncing
-it.[31] There is a Muhammedan tradition that whosoever calls upon
-Allah by his "great name" will obtain all his desires, being able
-merely by mentioning it to raise the dead to life, to kill the
-living, in fact to perform any miracle he pleases.[32]
-
-[Footnote 27: Tylor, _Early History of Mankind_, p. 139 _sqq._
-Andree, _Ethnographische Parallelen_, p. 179 _sqq._ Frazer,
-_Golden Bough_, i. 403 _sqq._ Clodd, _Tom Tit Tot_, pp. 53-55, 81
-_sqq._ Haddon, _Magic and Fetishism_, p. 22 _sq._]
-
-[Footnote 28: Tylor, _op. cit._ p. 124 _sq._ Frazer, _op. cit._
-i. 443. Clodd, _op. cit._ p. 173. Haddon, _op. cit._ p. 23 _sqq._]
-
-[Footnote 29: Frazer, _op. cit._ i. 444.]
-
-[Footnote 30: Granger, _Worship of the Romans_, pp. 212, 277.
-_Cf._ Jevons, in Plutarch's _Romane Questions_, p. lvii.]
-
-[Footnote 31: Plutarch, _Questiones Romanæ_, 61. Pliny, _Historia
-naturalis_, xxviii. 4. Macrobius, _Saturnalia_, iii. 9.]
-
-[Footnote 32: Sell, _op. cit._ p. 185. Lane, _Modern Egyptians_,
-p. 273.]
-
-       *       *       *       *       *
-
-One of the greatest insults which can be offered a god is to deny
-his existence. Plutarch was astonished at people's saying that
-atheism is impiety, while at the same time they attribute to gods
-all kinds of less creditable qualities. "I for my part," he adds,
-"would much rather have men to say of me that there never was a
-{644} Plutarch, at all, nor is now, than to say that Plutarch is
-a man inconstant, fickle, easily moved to anger, revengeful for
-trifling provocations, vexed at small things."[33] But Plutarch
-seems to have forgotten that a person is always most sensitive on
-his weak points, and that the weakest point in a god is his
-existence. Religious intolerance is in a large measure the result
-of that feeling of uncertainty which can hardly be eradicated
-even by the strongest will to believe. It is a means of
-self-persuasion in a case where such persuasion is sorely needed.
-Moreover, a god who is not believed to exist can be no object of
-worship, and to be worshipped is commonly held to be the chief
-ambition of a god. But atheism is a sin of civilisation.
-Uncultured people are ready to believe that all supernatural
-beings they hear of also exist.
-
-[Footnote 33: Plutarch, _De superstitione_, 10.]
-
-Some gods are extremely ungenerous towards all those who do not
-recognise them, and only them, as _their_ gods. To believe in
-Ahura Mazda was the first duty which Zoroastrianism required of a
-man; it was Angra Mainyu, the evil spirit, that had
-countercreated the sin of unbelief.[34] Doubt destroyed even the
-effects of good actions;[35] indeed, only the true believer was
-to be regarded as a man.[36] The faithful were summoned to a war
-to the death against the opposing spirits, the Daevas, and their
-followers.[37] And to judge from ancient writers, the Persians,
-when they came into contact with nations of another religion,
-also carried into practice the intolerant spirit of their
-own.[38] Yahveh said:--"Thou shalt have no other gods before me.
-. . . Thou shalt not bow down thyself to them, nor serve them:
-for I the Lord thy God am a jealous God."[39] In the
-pre-prophetic period the existence of other gods was
-recognised,[40] but they were not {645} to be worshipped by
-Yahveh's people. Nor was any mercy to be shown to their
-followers, for Yahveh was "a man of war."[41] The God of
-Christianity inherited his jealousy. In the name of Christ wars
-were waged, not, it is true, for the purpose of exterminating
-unbelievers, but with a view to converting them to a faith which
-alone could save their souls from eternal perdition. So far as
-the aim of the persecution is concerned we can thus notice a
-distinct progress in humanity. But whilst the punishment which
-Yahveh inflicted upon the devotees of other gods was merely
-temporal and restricted to a comparatively small number of
-people--he took notice of such foreign nations only which came
-within his sphere of interests,--Christianity was a proselytising
-religion on a large scale, anxious to save but equally ready to
-condemn to everlasting torments all those who refused to accept
-it, nay even the milliards of men who had never heard of it. In
-this point Christianity was even more intolerant than the Koran
-itself, which does not absolutely confine salvation to the
-believers in Allah and his Prophet, but leaves some hope of it to
-Jews, Christians, and Sabæans, though all other infidels are
-hopelessly lost.[42]
-
-[Footnote 34: _Vendîdâd_, i. 8. 16.]
-
-[Footnote 35: Darmesteter, _Ormazd et Ahriman_, p. 330, n. 4.]
-
-[Footnote 36: _Dînâ-î Maînôg-î Khirad_, xlii. 6 _sqq._]
-
-[Footnote 37: See Darmesteter, in _Sacred Books of the East_, iv.
-p. lii.; Spiegel, _Erânische Alterthumskunde_, iii. 692.]
-
-[Footnote 38: Spiegel, _op. cit._ iii. 708.]
-
-[Footnote 39: _Exodus_, xx. 3, 5.]
-
-[Footnote 40: Kuenen, _Hibbert Lectures on National Religions and
-Universal Religions_, p. 119. Baudissin, _Studien zur semitischen
-Religionsgeschichte_, i. 49 _sqq._]
-
-[Footnote 41: _Exodus_, xv. 3.]
-
-[Footnote 42: _Koran_, v. 73.]
-
-That Muhammedanism has in course of time become the most
-fanatical of existing religions is due to political rather than
-religious causes. For a thousand years the Christian and
-Muhammedan world were engaged in a deadly contest, in which the
-former came off victorious. Most nations confessing Islam have
-either lost their independence or are on the verge of losing it.
-The memory of past defeats and cruelties, the present state of
-subjection or national weakness, the fear of the future--are all
-factors which must be taken into account when we judge of Moslem
-fanaticism. In its younger days Islam was undoubtedly, not only
-in theory but in practice, less intolerant than its great rival,
-Christian subjects of Muhammedan rulers being on the whole
-treated with {646} consideration.[43] Earlier travellers in
-Arabia also speak favourably of the tolerance of its inhabitants.
-Niebuhr was able to write:--"I never saw that the Arabs have any
-hatred for those of a different religion. They, however, regard
-them with much the same contempt with which Christians look upon
-the Jews in Europe . . . . The Mahometans in India appear to be
-even more tolerant than those of Arabia . . . . The Mussulmans in
-general do not persecute men of other religions, when they have
-nothing to fear from them, unless in the case of an intercourse
-of gallantry with a Mahometan woman."[44] In China the
-Muhammedans live amicably with the infidel, regarding their
-Buddhist neighbours "with a kindly feeling which it would be hard
-to find in a mixed community of Catholics and Evangelicals."[45]
-Muhammedanism looks upon the founder of Christianity with
-profound reverence, as one of the apostles of God, as the only
-man without sin. Christian writers, on the other hand, till the
-middle of the eighteenth century universally treated Muhammed as
-a false prophet and rank impostor. Luther called him "a devil,
-and a first-born child of Satan," whilst Melanchthon was inclined
-to see in him both Gog and Magog.[46]
-
-[Footnote 43: See von Kremer, _Culturgeschichte des Orients_,
-ii. 166 _sq._]
-
-[Footnote 44: Niebuhr, _Travels through Arabia_, ii. 192, 189
-_sq._ _Cf._ d'Arvieux, _Travels in Arabia the Desart_, p. 123;
-Wallin, _Notes taken during a Journey through Northern Arabia_,
-p. 21.]
-
-[Footnote 45: Lane-Poole, _Studies in a Mosque_, p. 298 _sq._]
-
-[Footnote 46: [Deutsch,] 'Islam,' in _Quarterly Review_, cxxvii.
-295 _sq._ Bosworth Smith, _Mohammed and Mohammedanism_, pp. 67,
-69. Pool, _Studies in Mohammedanism_, p. 406.]
-
-Equal in enormity with the sin of not believing in a certain god
-is sometimes the sin of having a false belief about him. It seems
-strange that a god should be so easily offended as to punish with
-the utmost severity those who hold erroneous notions regarding
-some attribute of his which in no way affects his honour or
-glory, or regarding some detail of ritual. Thomas Aquinas himself
-admits that the heretic _intends_ to take the word of Christ,
-although he fails "in the election of articles whereon to take
-that word." But it is in this election that his sin consists.
-{647} Instead of choosing those articles which are truly taught
-by Christ, he chooses those which his own mind suggests to him.
-Thus he perverts the doctrines of Christ, and in consequence
-deserves not only to be separated from the Church by
-excommunication, but to be banished from the world by death.[47]
-Moreover, the heretic is an apostate, a traitor who may be forced
-to pay the vow which he has once taken.[48] The extreme rigour of
-this sophistical argumentation can only be understood in
-connection with its historical surroundings. It presupposes a
-Church which not only regards itself as the sole possessor of
-divine truth, but whose cohesion and power depend upon a strict
-adherence to its doctrines.[49] Nor was it a religious motive
-only that induced Christian sovereigns to persecute heretics.
-Certain heresies, as Manichæism and Donatism, were expressly
-declared to affect the common welfare;[50] and the Frankish kings
-treated heretics not only as rebels against the Church, but as
-traitors to the State, as confederates of hostile Visigoths or
-Burgundians or Lombards.[51]
-
-[Footnote 47: Thomas Aquinas, _op. cit._ ii.-ii. 11. 1, 3.]
-
-[Footnote 48: _Ibid._ ii.-ii. 10. 8.]
-
-[Footnote 49: _Cf._ Ritchie, _Natural Rights_, p. 183.]
-
-[Footnote 50: Milman, _History of Latin Christianity_, ii. 33.]
-
-[Footnote 51: _Ibid._ ii. 61.]
-
-Whilst intolerance is a characteristic of all monotheistic
-religions which attribute human passions and emotions to their
-godhead, polytheism is by nature tolerant. A god who is always
-used to share with other gods the worship of his believers cannot
-be a very jealous god. The pious Hennepin was struck by the fact
-that Red Indians were "incapable of taking away any person's life
-out of hatred to his religion."[52] Among the natives of the
-African Gold and Slave Coasts, though a man must show outward
-respect for the gods so as not to provoke calamities, he may
-worship many gods or none, just as he pleases. "There is perfect
-liberty of thought in matters of religion. . . . At this stage,
-man tolerates any form of religion that tolerates others; and as
-he thinks it perfectly {648} natural that different people should
-worship different gods, he does not attempt to force his own
-personal opinions upon anyone, or to establish conformity of
-ideas."[53] On the Slave Coast even a sacrilege committed by a
-European is usually regarded with indifference, as the gods of a
-country are supposed to be concerned about the actions of the
-people of that country only.[54] "The characteristics of Natural
-Religion," says Sir Alfred Lyall, "the conditions of its
-existence as we see it in India, are complete liberty and
-material tolerance; there is no monopoly either of divine powers
-or even of sacerdotal privilege."[55] In China the hatred of
-foreigners has not its root in religion. The Catholics residing
-there were left undisturbed until they began to meddle with the
-civil and social institutions of the country;[56] and the
-difficulty in persuading the Chinese to embrace Christianity is
-said by a missionary to be due to their notion that one religion
-is as good as another provided that it has a good moral code.[57]
-Among the early Greeks and Romans it was a principle that the
-religion of the State should be the religion of the people, as
-its welfare was supposed to depend upon a strict observance of
-the established cult; but the gods cared for external worship
-rather than for the beliefs of their worshippers, and evidently
-took little notice even of expressed opinions. Philosophers
-openly despised the very rites which they both defended and
-practised; and religion was more a pretext than a real motive for
-the persecutions of men like Anaxagoras, Protagoras, Socrates,
-and Aristotle.[58] So also the measures by which the Romans in
-earlier times repressed the introduction of new religions were
-largely suggested by worldly considerations; "they grew out of
-that intense national spirit which sacrificed every {649} other
-interest to the State, and resisted every form of innovation,
-whether secular or religious, that could impair the unity of the
-national type, and dissolve the discipline which the predominance
-of the military spirit and the stern government of the Republic
-had formed."[59] It has also been sufficiently proved that the
-persecutions of the Christians during the pagan Empire sprang
-from motives quite different from religious intolerance. Liberty
-of worship was a general principle of the Imperial rule. That it
-was denied the Christians was due to their own aggressiveness, as
-also to political suspicion. They grossly insulted the pagan
-cult, denouncing it as the worship of demons, and every calamity
-which fell upon the Empire was in consequence regarded by the
-populace as the righteous vengeance of the offended gods. Their
-proselytism disturbed the peace of families and towns. Their
-secret meetings aroused suspicion of political danger; and this
-suspicion was increased by the doctrines they professed. They
-considered the Roman Empire a manifestation of Antichrist, they
-looked forward with longing to its destruction, and many of them
-refused to take part in its defence. The greatest and best among
-the pagans spoke of the Christians as "enemies," or "haters of
-the human race."[60]
-
-[Footnote 52: Hennepin, _New Discovery of a Vast Country in
-America_, ii. 70.]
-
-[Footnote 53: Ellis, _Yoruba-speaking Peoples of the Slave
-Coast_, p. 295. See also _Idem_, _E[(w]e-speaking Peoples of the
-Slave Coast_, p. 81; Monrad, _Skildring af Guinea-Kysten_, p. 28;
-Kubary, 'Die Verbrechen und das Strafverfahren auf den
-Pelau-Inseln,' in _Original-Mittheil. aus d. ethnol. Abtheil. d.
-königl. Museen zu Berlin_, i. 90.]
-
-[Footnote 54: Ellis, _E[(w]e-speaking Peoples_, p. 81.]
-
-[Footnote 55: Lyall, _Natural Religion in India_, p. 52.]
-
-[Footnote 56: Davis, _China_, ii. 7. _Cf._ Edkins, _op. cit._
-p. 178.]
-
-[Footnote 57: Edkins, _op. cit._ p. 75.]
-
-[Footnote 58: See Schmidt, _Die Ethik der alten Griechen_, ii. 24
-_sqq._]
-
-[Footnote 59: Lecky, _History of European Morals_, i. 493. _Cf._
-Dio Cassius, _Historia Romana_, lii. 36.]
-
-[Footnote 60: Lecky, _op. cit._ i. 408 _sqq._ Ramsay, _The Church
-in the Roman Empire_, p. 346 _sqq._ See also _supra_, i. 345
-_sq._; ii. 178 _sq._]
-
-The same difference in toleration between monotheistic and
-polytheistic religions shows itself in their different attitudes
-towards witchcraft. A monotheistic religion is not necessarily
-averse from magic; its god may be supposed to have created
-magical as well as natural energy, and also to have given mankind
-permission to utilise it in a proper manner. Both Christianity in
-its earlier phases and Muhammedanism are full of magical
-practices expressly sanctioned by their theology--for instance,
-the use made of sacred words and of the relics of saints. But
-besides this sort of magic there is another kind--witchcraft, in
-the narrow sense of the term,--which is ascribed to the {650}
-assistance of exorcised spirits, regarded not as the willing
-agents but as the adversaries of God; and this practice is
-naturally looked upon as highly offensive to His feelings. In
-Christianity witchcraft was esteemed the most horrible form of
-impiety.[61] The religious law of the Hebrews--which generally
-prohibited all practices that savoured of idolatry, such as
-soothsaying and oracles--punished witches and wizards with
-death.[62] Islam disapproves of all magic which is practised with
-the assistance of evil spirits, or _jinn_, although such magic is
-very prevalent and popularly tolerated in Muhammedan
-countries.[63] Among polytheistic peoples, again, witchcraft is
-certainly in many cases treated with great severity; a large
-number of uncivilised races punish it with death,[64] and among
-some of them it is the only offence which is capital.[65] But
-then witchcraft is punished because it is considered destructive
-to human life or welfare.[66] "In Africa," says Mr. Rowley,
-"there is what is regarded as lawful as well as unlawful
-witchcraft, the lawful being practised professedly for the
-welfare of mankind, and in opposition to the unlawful, which is
-resorted to for man's injury." But "the purposes of witchcraft
-{651} are now generally wicked; its processes generally involve
-moral guilt; the spirits invoked are, for the most part, avowedly
-evil and maleficent."[67] Among the Gaika tribe of the Kafirs
-"witchcraft is supposed to be an influence for evil, possessed by
-one individual over another, or others."[68] Among the Bondeis
-"the meaning of witchcraft is simply murder."[69] That
-witchcraft, as a malicious practice, must be a grave and at the
-same time frequent offence among savages, is obvious from the
-common belief that death, disease, and misfortunes of every
-description are caused by it. From a similar point of view it is
-condemned by polytheistic nations of a higher type. Among the
-Aztecs of ancient Mexico anybody who employed sorcery or
-incantations for the purpose of doing harm to the community or to
-individuals was sacrificed to the gods.[70] The Chinese Penal
-Code punishes with death those who have been convicted of writing
-and editing books of sorcery, or of employing spells and
-incantations, "in order to agitate and influence the minds of the
-people."[71] But, according to Mr. Dennys, the hatred of witches
-and wizards cherished in the West does not seem to exist in
-China; "those reputed to possess magic powers are regarded with
-dread, but it is rare to hear of any of them coming to untimely
-end by mob violence."[72] The Laws of [Hv]ammurabi, the
-ancient Babylonian legislator, enjoin that "if a man weave a
-spell and put a ban upon a man, and has not justified himself, he
-that wove the spell upon him shall be put to death."[73] It is
-said in 'Vishnu Purâna' that he who practises magical rites "for
-the harm of others" is punished in the hell called Krimîsa.[74]
-Among the ancient Teutons not every kind of magic but only such
-as was considered of injurious nature was criminal.[75] {652} In
-Rome, also, what was deemed harmless magic was left undisturbed,
-whereas, according to the 'Law of the Twelve Tables,' "he who
-affects another by magical arts or with poisonous drugs" is to be
-put to death;[76] and during the Empire persons were severely
-persecuted for political astrology or divination practised with a
-view to discovering the successors to the throne.[77] Plato,
-writes in his 'Laws':--"He who seems to be the sort of man who
-injures others by magic knots or enchantments or incantations or
-any of the like practices, if he be a prophet or divine, let him
-die; and, if not being a prophet, he be convicted of witchcraft,
-as in the previous case, let the court fix what he ought to pay
-or suffer."[78] As Mr. Lecky justly remarks, both in Greece and
-Rome the measures taken against witchcraft seem to have been
-almost entirely free from religious fanaticism, the magician
-being punished because he injured man and not because he offended
-God.[79] Sometimes we find even among a polytheistic people that
-sorcery is particularly opposed by its priesthood;[80] but the
-reason for this is no doubt hatred of rivals rather than
-religious zeal. Miss Kingsley, however, does not think that the
-dislike of witchcraft in West Africa at large has originally
-anything to do with the priesthood.[81]
-
-[Footnote 61: Lea, _History of the Inquisition_, iii. 422, 453.
-Pollock and Maitland, _History of English Law before the Time
-of Edward I._ ii. 552 _sqq._ Milman, _op. cit._ ix. 69.
-Lecky, _Rise and Influence of Rationalism in Europe_, i. 26.
-Keary, _Outlines of Primitive Belief among the Indo-European
-Races_, p. 511 _sqq._ Rogers, _Social Life in Scotland_, iii.
-265, 268. Ralston, _Songs of the Russian People_, pp. 386, 416
-_sq._]
-
-[Footnote 62: _Exodus_, xxii. 18. _Leviticus_, xix. 26, 31; xx.
-6, 27. _Deuteronomy_, xviii. 10 _sqq._]
-
-[Footnote 63: Polak, _Persien_, i. 348. Lane, _Modern Egyptians_,
-i. 333.]
-
-[Footnote 64: _Supra_, i. 189 _sq._ Cruickshank, _Eighteen Years
-on the Gold Coast_, ii. 179. Bowdich, _Mission to Ashantee_,
-p. 260. Johnston, _British Central Africa_, p. 403 (Bakongo).
-Cunningham, _Uganda_, pp. 35 (Banyoro), 140 (Bavuma), 305
-(Basukuma), Arnot, _Garenganze_, p. 75. Decle, _Three Years in
-Savage Africa_, p. 76 (Barotse). Casalis, _Basutos_, p. 229.
-Kidd, _The Essential Kafir_, p. 148 _sq._ Sibree, _The Great
-African Island_, p. 292 (Malagasy). Swettenham, _Malay Sketches_,
-p. 196 (Malays of Perak). Dalton, _Ethnology of Bengal_,
-(Oraons). Egede, _Description of Greenland_, p. 123 _sq._ Krause,
-_Die Tlinkit-Indianer_, p. 293 _sq._ Jones, quoted by Kohler,
-'Die Rechte der Urvölker Nordamerikas,' in _Zeitschr. f. vergl.
-Rechtswiss._ xii. 412 (Chippewas). Morgan, _League of the
-Iroquois_, p. 330; Seaver, _Life of Mrs. Jemison_, p. 167
-(Iroquois). Powell, 'Wyandot Government,' in _Ann. Rep. Bur.
-Ethn._ i. 67. Stevenson, 'Sia,' _ibid._ xi. 19. Lumholtz,
-_Unknown Mexico_, i. 325 (Tarahumares). Forbes, 'Aymara Indians
-of Bolivia and Peru,' in _Jour. Ethn. Soc._ N. S. ii. 236, n. *]
-
-[Footnote 65: _Supra_, i. 189.]
-
-[Footnote 66: _Cf._ Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur.
-Ethn._ iii. 364.]
-
-[Footnote 67: Rowley, _Religion of the Africans_, p. 125 _sq._
-See also Kidd, _The Essential Kafir_, p. 148.]
-
-[Footnote 68: Maclean, _Compendium of Kafir Laws_, p. 123.]
-
-[Footnote 69: Dale, in _Jour. Anthr. Inst._ xxv. 223.]
-
-[Footnote 70: Bancroft, _Native Races of the Pacific States_,
-ii. 462.]
-
-[Footnote 71: _Ta Tsing Leu Lee_, sec. cclvi. p. 273.]
-
-[Footnote 72: Dennys, _Folk-Lore of China_, p. 80.]
-
-[Footnote 73: _Laws of [Hv]ammurabi_, 1.]
-
-[Footnote 74: _Vish['n]u Purá['n]a_, p. 208.]
-
-[Footnote 75: Brunner, _Deutsche Rechtsgeschichte_, ii. 678.]
-
-[Footnote 76: _Lex Duodecim Tabularum_, viii. 25.]
-
-[Footnote 77: Lecky, _History of European Morals_, i. 420.]
-
-[Footnote 78: Plato, _Leges_, xi. 933.]
-
-[Footnote 79: Lecky, _Rationalism in Europe_, i. 18.]
-
-[Footnote 80: Kingsley, _West African Studies_, p. 137. Rink,
-_Greenland_, p. 201.]
-
-[Footnote 81: Kingsley, _West African Studies_, p. 135 _sq._]
-
-The religious intolerance which has accompanied the rise of
-monotheism is, as we have just observed, the result of the nature
-attributed to its godhead. But the evolution of religion does not
-end with the triumph of a jealous and irritable heavenly despot.
-There is a later stage where men believe in a god or supernatural
-power which is absolutely free from all human weakness, and in
-such a religion intolerance has no place. It has been said that
-the tolerant spirit of Buddhism[82] is due to religious {653}
-indifference,[83] but the original cause of it seems to be the
-absence of a personal god; and the increasing tolerance of modern
-Christianity is undoubtedly connected with the more ethical view
-it takes of the Deity when compared with the opinions of earlier
-ages. It should be remembered, however, that religious toleration
-does not mean passive indifference with regard to dissenting
-religious ideas. The tolerant man may be a great propagandist. He
-may do his utmost to eradicate, by means of persuasion, what he
-considers to be a false belief. He may even resort to stronger
-measures against those who do mischief in the name of their
-religion. But he does not persecute anybody for the sake of his
-faith; nor does he believe in an intolerant and persecuting god.
-
-[Footnote 82: Hardy, _Eastern Monachism_, p. 412. Monier-Williams,
-_Buddhism_, p. 126. Waddell, _Buddhism of Tibet_, p. 568. Edkins,
-_Religion in China_, p. 127. Gutzlaff, _Sketch of Chinese
-History_, i. 70. Forbes, _British Burma_, p. 322 _sq._]
-
-[Footnote 83: Forbes, _op. cit._ p. 322. _Cf._ Kuenen, _Hibbert
-Lectures on National and Universal Religions_, p. 290.]
-
-       *       *       *       *       *
-
-Supernatural beings, according to the belief of many races,
-desire to be worshipped not only because they depend upon human
-care for their subsistence or comfort, but because worship is an
-act of homage. We have seen that sacrifice, after losing its
-original significance, still survives as a reverent offering. So
-also prayer is frequently a tribute to the self-regarding pride
-of the god to whom it is addressed. A supplication is an act of
-humility, more or less flattering to the person appealed to and
-especially gratifying where, as in the case of a god, the
-granting of the request entails no deprivation or loss, but on
-the contrary is rewarded by the worshipper. Moreover, the request
-is very commonly accompanied by reverential epithets or words of
-eulogy; and praise, nay even flattery, is just as pleasant to
-superhuman as to human ears. Gods are addressed as great or
-mighty, as lords or kings, as fathers or grandfathers.[84] A
-prayer of the ancient Peruvians began with the following
-words:--"O conquering Viracocha! Ever present Viracocha! Thou art
-in the ends of the earth without equal!"[85] {654} The ancient
-Egyptians flattered their gods,[86] the Vedic and Zoroastrian
-hymns are full of praise. Muhammedans invoke Allah by sentences
-such as, "God is great," "God is merciful," "God is he who seeth
-and heareth." Words of praise, as well as words of thanks,
-addressed to a god, may certainly be the expressions of
-unreflecting admiration or gratitude, free from all thought of
-pleasing him; but where laudation is demanded by the god as a
-price for good services, it is simply a tribute to his vanity.
-There is a Chinese story which amusingly illustrates this little
-weakness of so many gods:--At the hottest season of the year
-there was a heavy fall of snow at Soochow. The people, in their
-consternation, went to the temple of the Great Prince to pray.
-Then the spirit moved one of them to say, "You now address me as
-Your Honour. Make it Your Excellency, and, though I am but a
-lesser deity, it may be well worth your while to do so."
-Thereupon the people began to use the latter term, and the snow
-stopped at once.[87] The Hindus say that by praise a person may
-obtain from the gods whatever he desires.[88]
-
-[Footnote 84: See Brinton, _Religions of Primitive Peoples_, p. 105.]
-
-[Footnote 85: de Molina, 'Fables and Rites of the Yncas,' in
-_Narratives of the Rites and Laws of the Yncas_, p. 33.]
-
-[Footnote 86: Amélineau, _L'évolution des idées morales dans
-l'Égypte ancienne_, p. 214.]
-
-[Footnote 87: Giles, _Strange Stories from a Chinese Studio_,
-ii. 294.]
-
-[Footnote 88: Ward, _View of the History, Literature, and
-Religion of the Hindoos_, ii. 69.]
-
-We have different means of gratifying a person's self-regarding
-pride: one is to praise him, another is to humiliate ourselves.
-Both have been adopted by men with reference to their gods.
-Besides hymns of praise there are hymns of penitence, the object
-of which is largely to appease the angry feelings of offended
-gods. Prayers for remission of sins form a whole literature among
-peoples like that of the Vedic age, the Chaldeans,[89] and the
-Hebrews, who commonly regarded calamities to which men were
-subject not as the result of an inexorable fate nor as the
-machinations of evil spirits, but as divine punishments.
-According to early ideas, as we have seen, sin is a substance
-charged with injurious {655} energy, from which the infected
-person tries to rid himself by mechanical means.[90] But at the
-same time the effect of sin is conceived as a divine punishment,
-and this suggests atonement. In the Rig-Veda we not only hear of
-the removal of sins by magical operations, but the gods are
-requested to free the sufferer from his sin.[91]
-
-[Footnote 89: Zimmern, _Babylonische Busspsalmen_, _passim_.
-Mürdter-Delitzsch, _Geschichte Babyloniens und Assyriens_, p. 38
-_sq._ Delitzsch, _Wo lag das Paradies?_ p. 86. Hommel, _Die
-semitischen Völker und Sprachen_, p. 315 _sqq._ Meyer,
-_Geschichte des Alterthums_, i. 178.]
-
-[Footnote 90: _Supra_, i. 52 _sqq._]
-
-[Footnote 91: See Oldenberg, _Die Religion des Veda_, pp. 292,
-296, 317 _sq._]
-
-Gods are fond of prayers not only as expressions of humility or
-repentance but for other reasons as well. In early religion a
-prayer is commonly connected with an offering, since the god is
-not supposed to bestow his favours gratuitously.[92] By the call
-contained in it he is invited to partake of the offering, or his
-attention is drawn to it.[93] "Compassionate father!" says the
-Tanna priest when he offers first-fruits to a deified ancestor;
-"here is some food for you, eat it, and be kind to us on account
-of it!"[94] In one of the Pahlavi texts it is said that when the
-guardian spirits of the righteous are invited they accept the
-sacrifice, whereas if they are not invited "they go up the height
-of a spear and will remain."[95] Throughout the Yasts we hear of
-the claims of deities to be worshipped with sacrifices in which
-they are invoked by their own names and with the proper
-words.[96] Mithra complains, "If men would worship me with a
-sacrifice in which I were invoked by my own name, as they worship
-the other Yazatas with sacrifices in which they are invoked by
-their own names, then I would come to the faithful at the
-appointed time."[97] {656} According to Vedic and Zoroastrian
-texts the gods were purified, strengthened, and encouraged not
-only by offerings but by prayers, although it is difficult in
-this respect to distinguish between two elements in one and the
-same rite which are so closely interwoven with each other.[98] By
-his invocations man assists the gods in their combats with evil
-demons, he sends his prayer between the earth and the heavens
-there to smite the fiends.[99] In a Vedic hymn the people are
-exhorted to "sing to Indra a song very destructive to the
-demons."[100] By pronouncing the praise of Asha, Zarathustra
-brings the Daevas to naught;[101] by mentioning the name of Ahura
-Mazda their malice is most effectually destroyed.[102] Thus
-prayer may be a religious duty also on account of the magic
-efficacy ascribed to it, and the same is the case with
-incantations directed against evil spirits.
-
-[Footnote 92: Tylor, _Primitive Culture_, ii. 364 _sqq._ Georgi,
-_Russia_, iii. 272 (shamanistic peoples of Siberia). Maspero,
-_Études de mythologie et d'archéologie égyptiennes_, i. 163;
-_Idem_, _Dawn of Civilization_, p. 124, n. 5 (ancient Egyptians).
-Darmesteter, in _Sacred Books of the East_, iv. (1st ed.) p.
-lxix. (Zoroastrians). Oldenberg, _op. cit._ p. 430 _sqq._; Barth,
-_Religions of India_, p. 34 (Vedic people). Donaldson, 'Expiatory
-and Substitutionary Sacrifices of the Greeks,' in _Trans. Roy.
-Soc. Edinburgh_, xxvii. 430. Grimm, _Teutonic Mythology_, i. 29.
-Among the Kafirs of Natal "a soldier wounded in battle would only
-pray if his hurt were slight; but if it were serious, he would
-vow a sacrifice on his return, naming perhaps the particular
-beast" (Shooter, _Kafirs of Natal_, p. 164).]
-
-[Footnote 93: _Cf._ Brinton, _Religions of Primitive Peoples_,
-p. 104.]
-
-[Footnote 94: Turner, _Nineteen Years in Polynesia_, p. 88.]
-
-[Footnote 95: _Shâyast Lâ-Shâyast_, ix. 12.]
-
-[Footnote 96: _Yasts_, viii. 23 _sqq._; x. 30.]
-
-[Footnote 97: _Ibid._ x. 55. _Cf._ _ibid._ x. 74.]
-
-[Footnote 98: See Bergaigne, _La religion védique_, ii. 237, 250,
-273 _sqq._; Zimmer, _Altindisches Leben_, p. 337 _sqq._;
-Oldenberg, _Religion des Veda_, p. 437; Macdonell, _Vedic
-Mythology_, p. 60; Meyer, _Geschichte des Alterthums_, i. 534
-_sq._ (Zoroastrianism).]
-
-[Footnote 99: _Yasna_, xxviii. 7. _Yasts_, iii. 5. _Vendîdâd_,
-xix. 1, 2, 8 _sqq._ Darmesteter, _Ormazd et Ahriman_, pp. 101,
-119, 131, 193. _Idem_, in _Sacred Books of the East_, iv. (1st
-ed.) p. lxix.]
-
-[Footnote 100: _Rig-Veda_, viii. 78. 1.]
-
-[Footnote 101: _Yasts_, xiii. 89. _Cf._ _ibid._ xiii. 90.]
-
-[Footnote 102: _Ibid._ i. 3, 4, 10, 11, 19.]
-
-In earlier chapters we have often noticed how curses gradually
-develop into genuine prayers, and _vice versa_ may a prayer
-develop into a curse or spell. Dr. Rivers observes that the
-formulæ used in Toda magic have the form of prayers.[103] So also
-Assyrian incantations are often dressed in the robe of
-supplication, and end with the formula, "Do so and so, and I
-shall gladden thine heart and worship thee in humility."[104]
-Vedic texts which were not originally meant as charms became so
-afterwards. Incantations are comparatively rare in the Rig-Veda,
-and seem even to be looked upon as objectionable, but towards the
-end of the Vedic period the reign of Brahma, the power of prayer,
-as the supreme god in the Indian Pantheon began to dawn.[105]
-{657}_Brahma_ is a force by which the gods act, by which they are
-born, and by which the world has been formed;[106] but it is also
-the prayer which ascends from the altar to heaven and by means of
-which man wrests from the gods the boon he demands[107]--"the
-prayer governs them."[108] This omnipresent force is personified
-in Brahma[n.]aspati, the lord of prayer, who resides in the
-highest heaven but of whom not only every separate god but the
-priest himself becomes a manifestation at the moment he
-pronounces the mantras or sacred texts.[109] It is a current
-saying in India that the whole universe is subject to the gods,
-that the gods are subject to the mantras, that the mantras are
-subject to the Brahmans, and that therefore the Brahmans are the
-real gods.[110] In Zoroastrianism prayers are not made
-efficacious by devotion and fervency, but to the words themselves
-belongs a mysterious power and the mere recitation of them, if
-correct and faultless, brings that power into action;[111] in the
-Yasts prayer is regarded as a goddess, as the daughter of Ahura
-Mazda.[112] In ancient Egypt, M. Maspero observes, "la prière
-n'était pas comme chez nous une petition que l'homme présente au
-dieu, et que le dieu est libre d'accepter ou de refuser à son
-gré: c'était une formule dont les terms ont une valeur
-impérative, et dont l'énonciation exacte oblige le dieu à
-concéder ce qu'on lui demande."[113] Greek literature supplies
-other instances of men conjuring their gods by incantations;[114]
-the word [Greek: a)ra/] means both prayer and curse.[115] And "in
-the Roman, as in the majority of the old Italian cults, prayer is
-a magic formula, producing its effect by its own inherent
-quality."[116]
-
-[Footnote 103: Rivers, _Todas_, pp. 450, 453.]
-
-[Footnote 104: Tallqvist, 'Die assyrische Beschwörungsserie
-Maqlû,' in _Acta Soc. Scient. Fennicæ_, xx. 22.]
-
-[Footnote 105: Oldenberg, _op. cit._ p. 311 _sqq._ Hopkins, _op.
-cit._ p. 149. Roth, 'Brahma und die Brahmanen,' in _Zeitschr. d.
-Deutschen Morgenländischen Gesellsch._ i. 67, 71. Darmesteter,
-_Essais orientaux_, p. 132.]
-
-[Footnote 106: _Atharva-Veda_, xi. 5. 5. Barth, _op. cit._ p. 38.]
-
-[Footnote 107: Roth, _loc. cit._ p. 66 _sqq._ Barth, _op. cit._
-p. 38. Darmesteter, _Ormazd et Ahriman_, p. 101.]
-
-[Footnote 108: _Rig-Veda_, vi. 51. 8.]
-
-[Footnote 109: Barth, _op. cit._ p. 15 _sq._ Roth, _loc. cit._
-p. 71.]
-
-[Footnote 110: Monier-Williams, _Br[=a]hmanism and Hind[=u]ism_,
-p. 201 _sq._]
-
-[Footnote 111: See Geiger, _Civilization of the Eastern
-Ir[=a]nians_, i. 71.]
-
-[Footnote 112: _Yasts_, xiii. 92; xvii. 16.]
-
-[Footnote 113: Maspero, _Études de mythologie et archéologie
-égyptiennes_, i. 163.]
-
-[Footnote 114: See Usener, _Götternamen_, p. 335 _sq._]
-
-[Footnote 115: _Cf._ von Lasaulx, _Der Fluch bei Griechen und
-Römern_, p. 6. So also the Manx word _gwee_ means both prayer and
-curse (Rhys, _Celtic Folklore_, i. 349).]
-
-[Footnote 116: Renan, _Hibbert Lectures on the Influence of the
-Institutions, &c. of Rome on Christianity_, p. 10 _sq._ _Cf._
-Jevons, in Plutarch's _Romane Questions_, p. xxviii.; Granger,
-_Worship of the Romans_, p. 158.]
-
-{658} Whilst an ordinary curse readily develops into a prayer
-when the name of a god is brought in for the purpose of giving
-magic efficacy to the curse, a prayer may contrariwise assume a
-magic character by being addressed to a god--just as a sacrifice
-becomes endowed with magic energy in consequence of its contact
-or communion with the supernatural being to which it is offered;
-and the constraining force in the prayer or sacrifice may then be
-directed even against the god himself. But there can be little
-doubt that the extreme importance which the magic element in the
-cult attained among the nations of ancient civilisation was
-chiefly due to the prevalence of a powerful priesthood or class
-of persons well versed in sacred texts. A successful incantation
-presupposes a certain knowledge in him who utters it. The words
-of the formulæ are fixed and may not suffer the slightest
-modification under penalty of losing their potency. Right
-intonation is equally important.[117] The Brahmanic mantras "must
-be pronounced according to certain mystic forms and with absolute
-accuracy, or their efficacy is destroyed"; nay, if in the
-repetition of a mantra the slightest mistake is made, either by
-omission of a syllable or defective pronunciation, the calamity
-which it was intended to bring down on an enemy will inevitably
-recoil on the head of the repeater.[118] The potency of the
-incantation largely lies in the voice, which is the magical
-instrument _par excellence_.[119] A Buddhist priest who was asked
-what advantage he could expect to derive from merely repeating a
-number of words with the sense of which he was entirely
-unacquainted, gave the answer that the advantage of often
-repeating the sounds was incalculable, infinite;[120] and a
-Muhammedan writer argues that prayers which are offered in any
-other language than {659} Arabic are profane and useless, because
-"the sounds of this language"--whether understood or
-not--"illuminate the darkness of men" and "purify the hearts of
-the faithful."[121] Ideas of this sort are of course most
-strongly advocated by those who derive the greatest profit from
-them--priests or scribes. And it is easy to understand that with
-their increasing influence among a superstitious and credulous
-people the magic significance which is so readily ascribed to a
-religious act also has a tendency to grow in importance.
-
-[Footnote 117: Maspero, _Études_, i. 109; _Idem_, _Dawn of
-Civilization_, pp. 146, 213 (ancient Egyptians). Sayce, _Hibbert
-Lectures on the Religion of the Andent Babylonians_, p. 319.
-Darmesteter, _Ormazd et Ahriman_, p. 9. Sell, _Faith of Islám_,
-pp. 53, 79, 334, 341.]
-
-[Footnote 118: Monier-Williams, _Br[=a]hmanism and Hind[=u]ism_,
-p. 199.]
-
-[Footnote 119: _Yasts_, iv. 5. Maspero, _Études_, ii. 373 _sq._;
-_Idem_, _Dawn of Civilization_, p. 146 (ancient Egyptians). Sell,
-_op. cit._ p. 318 (Muhammedans).]
-
-[Footnote 120: _Indo-Chinese Gleaner_, iii. 145.]
-
-[Footnote 121: _Indo-Chinese Gleaner_, iii. 146.]
-
-       *       *       *       *       *
-
-Among all sins there is none which gods resent more severely than
-disobedience to their commandments. Mr. Macdonald says of the
-Efatese, in the New Hebrides, that no people under the sun is
-more obedient to what they regard as divine mandates than these
-savages, who believe that an offence against a spiritual being
-means calamity and death.[122] The Chaldeans had a lively sense
-of the risks entailed upon the sinner by disobedience to the
-gods.[123] According to the Bible disobedience was the first sin
-committed by man, and death was introduced into the world as its
-punishment. "Rebellion is as the sin of witchcraft, and
-stubbornness is as iniquity and idolatry."[124] On the history of
-morals this demand of obedience has exercised considerable
-influence. It gives emphasis to moral rules which are looked upon
-as divine injunctions, and it helps to preserve such rules after
-the conditions from which they sprang have ceased to exist. The
-fact that they have become meaningless does not render them less
-binding; on the contrary, the mystery surrounding them often
-increases their sanctity. The commandments of a god must be
-obeyed independently of their contents, simply because
-disobedience to him is a sin. Acts totally different in
-character, crimes of the worst description and {660} practices by
-themselves perfectly harmless, are grouped together as almost
-equally offensive to the deity because they have been forbidden
-by him.[125] And moral progress is hampered by a number of
-precepts which, though rooted in obsolete superstitions or
-antiquated ideas about right and wrong, have an obstinate
-tendency to persist on account of their supposed divine
-origin.[126]
-
-[Footnote 122: Macdonald, _Oceania_, p. 201.]
-
-[Footnote 123: Maspero, _Dawn of Civilization_, p. 682.
-Delitzsch, _Wo lag das Paradies?_ p. 86.]
-
-[Footnote 124: _1 Samuel_, xv. 23. Schultz, _Old Testament
-Theology_, ii. 286. For other instances see _Rig-Veda_, vii. 89.
-5; Geiger, _Civilization of the Eastern Ir[=a]nians_, i. p. li.;
-Schmidt, _Die Ethik der alten Griechen_, ii. 51 _sq._]
-
-[Footnote 125: _Cf._ _supra_, i. 193 _sqq._]
-
-[Footnote 126: _Cf._ Pollock, _Essays on Jurisprudence and
-Ethics_, p. 306 _sq._]
-
-       *       *       *       *       *
-
-Duties to gods are in the first place based on prudential
-considerations. Supernatural beings, even when on the whole of a
-benevolent disposition, are no less resentful than men, and,
-owing to their superhuman power, much more dangerous. On the
-other hand, they may also bestow wonderful benefits upon those
-who please them. The general rule that prudence readily assumes a
-moral value holds particularly true of religious matters, where
-great individual interests are at stake. Waterland says in his
-Sermon on Self-love:--"The wisest course for any man to take is
-to secure an interest in the life to come. . . . He may love
-himself, in this instance, as highly and as tenderly as he
-pleases. There can be no excess of fondness, or self-indulgence,
-in respect of eternal happiness. This is loving himself in the
-best manner, and to the best purposes. All virtue and piety are
-thus resolvable into a principle of self-love. . . . It is with
-reference to ourselves, and for our own sakes, that we love even
-God himself."[127]
-
-[Footnote 127: Waterland, 'On Self-Love,' in _The English
-Preacher_, i. 101 sq._ Cf._ Paley's definition of virtue in his
-_Principles of Moral and Political Philosophy_, i. 7 (_Complete
-Works_, ii. 38; _supra_, i. 300).]
-
-At the same time it may be not only in people's own interests,
-but in the interests of their fellow men as well, for them to be
-on friendly terms with supernatural beings. These beings often
-visit the iniquity of fathers or forefathers upon children or
-descendants, or punish the community for the sins of one of its
-members;[128] and, on the other hand, they reward the whole
-family or group for the virtues of a single individual.[129] So
-also, when the {661} members of a community join in common acts
-of worship, each worshipper promotes not only his own welfare,
-but the welfare of his people. In early religion it is of the
-utmost importance for the tribe or nation that the established
-cult should be strictly observed. This is a fact which cannot be
-too much emphasised when we have to explain how conduct which is
-pleasing to a god has come to be regarded as a moral duty; for,
-if the latest stages of religious development be excepted, the
-relations between men and their gods are communal rather than
-individual in character. Ahura Mazda said, "If men sacrifice unto
-Verethraghna, made by Ahura, if the due sacrifice and prayer is
-offered unto him just as it ought to be performed in the
-perfection of holiness, never will a hostile horde enter the
-Aryan countries, nor any plague, nor leprosy, nor venomous
-plants, nor the chariot of a foe, nor the uplifted spear of a
-foe!"[130] Thus the duties to gods are at the same time social
-duties of the first order, owing to the intensely social
-character of religious relationships.
-
-[Footnote 128: _Supra_, i. 48 _sqq._]
-
-[Footnote 129: _Supra_, i. 96 _sqq._]
-
-[Footnote 130: _Yasts_, xiv. 48.]
-
-Another circumstance which has contributed to the moral
-condemnation of offences against gods is that people are anxious
-to punish such offences in order to prevent the divine wrath from
-turning against themselves;[131] for punishment, as we have seen,
-easily leads to moral disapproval. But although prudential
-considerations of some kind or other be the chief cause of the
-obligatory character attached to men's conduct towards their
-gods, they are not the only cause. We must also remember that
-gods are regarded with genuine reverence by their worshippers;
-and where this is the case offences against religion naturally
-excite sympathetic resentment in the latter, whilst great piety
-calls forth sympathetic approval and is praised as a virtue.
-
-[Footnote 131: _Supra_, i. 194.]
-
-I have here spoken of duties which men consider they owe to their
-gods, not of duties to supernatural beings in general. This
-distinction, though not always easy to {662} follow in detail, is
-yet of vital importance. People may no doubt be afraid to offend
-and even anxious to please other spirits besides their gods, but
-religious duties chiefly arise where there are established
-relationships between men and supernatural beings; indeed, it may
-even be a duty to refrain from worshipping or actually to
-persecute other spirits, as is the case in monotheistic
-religions. Men depend for their welfare on their gods more than
-on any other members of the spiritual world. They select as their
-gods those supernatural beings from whom they think they have
-most to fear or most to hope. Hence it is generally in the
-relations to them only that those factors, prudential and
-reverential, are to be found which lead to the establishment of
-religious duties.
-
-
-
-
-CHAPTER L
-
-GODS AS GUARDIANS OF MORALITY
-
-
-AS men are concerned about the conduct of their fellow men
-towards their gods, so gods are in many cases concerned about
-men's conduct towards one another--disapproving of vice and
-punishing the wicked, approving of virtue and rewarding the good.
-But this is by no means a universal characteristic of gods. It is
-a quality attributed to certain deities only and, as it seems, in
-most instances slowly acquired.
-
-We are told by competent observers that the supernatural beings
-of savage belief frequently display the utmost indifference to
-all questions of worldly morality. According to Messrs. Spencer
-and Gillen, the Central Australian natives, though they assume
-the existence of both friendly and mischievous spirits, "have not
-the vaguest idea of a personal individual other than an actual
-living member of the tribe who approves or disapproves of their
-conduct, so far as anything like what we call morality is
-concerned."[1] The Society Islanders maintained that "the only
-crimes that were visited by the displeasure of their deities were
-the neglect of some rite or ceremony."[2] The religious belief of
-the Gonds of Central India is said to be wholly unconnected with
-any idea of morality; a moral deity demanding righteous conduct
-from his creatures, our informant adds, is a religious {664}
-conception far beyond the present capacity either of the Indian
-savage or the ordinary Hindu.[3] Of the E[(w]e-, Yoruba-, and
-Tshi-speaking peoples of the West African Slave and Gold Coasts
-Major Ellis writes:--"Religion, at the stage of growth in which
-we find it among these three groups of tribes, has no connection
-with morals, or the relations of men to one another. It consists
-solely of ceremonial worship, and the gods are only offended when
-some rite or ceremony has been neglected or omitted. . . .
-Murder, theft, and all offences against the person or against
-property, are matters in which the gods have no immediate
-concern, and in which they take no interest, except in the case
-when, bribed by a valuable offering, they take up the quarrel in
-the interests of some faithful worshipper."[4] So also among the
-Bambala, a Bantu tribe in the Kasai, south of the River Congo,
-"there is no belief that the gods or spirits punish wrong-doing
-by afflicting the criminal or his family, nor are the acts of a
-man supposed to affect his condition after death."[5] The Indians
-of Guiana, says Sir E. F. Im Thurn, observe an admirable code of
-morality, which exists side by side with a simple animistic form
-of religion, but the two have absolutely no connection with one
-another.[6] With reference to the Tarahumares of Mexico Dr.
-Lumholtz states that the only wrong towards the gods of which an
-Indian may consider himself guilty is that he does not dance
-enough. "For this offence he asks pardon. Whatever bad thoughts
-or actions toward man he may have on his conscience are settled
-between himself and the person offended."[7] In the primitive
-Indian's conception of a god," Mr. Parkman observes, "the idea of
-moral good {665} has no part. His deity does not dispense justice
-for this world or the next."[8]
-
-[Footnote 1: Spencer and Gillen, _Northern Tribes of Central
-Australia_, p. 491.]
-
-[Footnote 2: Ellis, _Polynesian Researches_, i. 397.]
-
-[Footnote 3: Forsyth, _Highlands of Central India_, p. 145. See
-also Hodgson, _Miscellaneous Essays_, i. 124 (Bódo and Dhimáls);
-Caldwell, _Tinnevelly Shanars_, p. 36; Lyall, _Asiatic Studies_,
-p. 45; Radloff, _Das Schamanenthum_, p. 13 (Turkish tribes of the
-Altai).]
-
-[Footnote 4: Ellis, _Yoruba-speaking Peoples of the Slave Coast_,
-p. 293. _Idem_, _Tshi-speaking Peoples of the Gold Coast_, p. 10.
-The E[(w]e god Mawu is represented as an exception to this rule
-(_infra_, p. 686).]
-
-[Footnote 5: Torday and Joyce, 'Ethnography of the Ba-Mbala,' in
-_Jour. Anthr. Inst._ xxxv. 415.]
-
-[Footnote 6: Im Thurn, _Indians of Guiana_, p. 342.]
-
-[Footnote 7: Lumholtz, _Unknown Mexico_, i. 332.]
-[Footnote 8: Parkman, _Jesuits in North America_, p. lxxviii. See
-also Eastman, _Dacotah_, p. xx.; Schoolcraft, _Indian Tribes of
-the United States_, ii. 195 (Dacotahs).]
-
-That many savage gods are so thoroughly selfish as to care about
-nothing else than what concerns their own interests, may also be
-inferred from the character attributed to them. We have seen that
-the altruistic sentiment is the chief source from which moral
-emotions spring, and of the gods of various uncivilised peoples
-we hear not only that they are totally destitute of benevolent
-feelings, but that they are of a malicious nature and mostly
-intent on doing harm to mankind.[9]
-
-[Footnote 9: See Meiners, _Geschichte der Religionen_, i. 405;
-Tylor, _Primitive Culture_, ii. 329; Avebury, _Origin of
-Civilisation_, p. 232 _sqq._; Roskoff, _Geschichte des Teufels_,
-i. 20 _sq._; Frazer, _Golden Bough_, iii. 40 _sqq._; Karsten,
-_Origin of Worship_, p. 46 _sqq._]
-
-The Maoris of New Zealand regarded their deities as the causes of
-pain, misery, and death, as mighty enemies from whom nobody ever
-thought of getting any aid or good, but who were to be rendered
-harmless by means of charms or spells or by sacrifices offered to
-appease their wrath.[10] The Tahitians "supposed their gods were
-powerful spiritual beings, in some degree acquainted with the
-events of this world, and generally governing its affairs; never
-exercising any thing like benevolence towards even their most
-devoted followers, but requiring homage and obedience, with
-constant offerings; denouncing their anger, and dispensing
-destruction on all who either refused or hesitated to
-comply."[11] The Fijians "formed no idea of any voluntary
-kindness on the part of their gods, except the planting of wild
-yams, and the wrecking of strange canoes and foreign vessels on
-their coast";[12] and that some of these beings were conceived as
-positively wicked is indicated by the names given them--"the
-adulterer," "the rioter," "the murderer," and so forth.[13] The
-people of Aneiteum, in the New Hebrides, maintained that "earth
-and air and ocean were filled with natmasses, spiritual beings,
-but all malignant, who ruled over everything that affected the
-human race. . . . Their deities, like themselves, were {666} all
-selfish and malignant; they breathed no spirit of benevolence."[14]
-
-[Footnote 10: Taylor, _Te Ika a Maui_, pp. 104, 148. Colenso,
-_Maori Races of New Zealand_, p. 62. _Cf._ Dieffenbach, _Travels
-in New Zealand_, ii. 118.]
-
-[Footnote 11: Ellis, _Polynesian Researches_, i. 336.]
-
-[Footnote 12: Williams and Calvert, _Fiji_, p. 195.]
-
-[Footnote 13: _Ibid._ p. 185.]
-
-[Footnote 14: Inglis, _In the New Hebrides_, pp. 30, 32.]
-
-The Santal of India believes in no god from whose benignity he
-may expect favour, but in "a multitude of demons and evil
-spirits, whose spite he endeavours by supplications to avert."
-Even his family god "represents the secret principle of evil,
-which no bolts can shut out, and which dwells in unseen but
-eternally malignant presence beside every hearth."[15] The
-Kamchadales do not seem to have hoped for anything good from
-their deities; Kutka himself, the creator of the universe and the
-greatest of the gods, was once caught in adultery and
-castrated.[16]
-
-[Footnote 15: Hunter, _Annals of Rural Bengal_, i. 181 _sq._]
-
-[Footnote 16: Klemm, _Cultur-Geschichte der Menschheit_, ii. 318
-_sq._ Steller, _Beschreibung von Kamtschatka_, p. 264.]
-
-According to the beliefs of the Koksoagmyut, or Hudson Bay
-Eskimo, all the minor spirits are under the control of the great
-spirit whose name is Tung ak, and this being "is nothing more or
-less than death, which ever seeks to torment and harass the lives
-of people that their spirits may go to dwell with him."[17] Nay,
-even the special guardian spirit by which each person is supposed
-to be attended is malignant in character and ever ready to seize
-upon the least occasion to work harm upon the individual whom it
-accompanies; its good offices can be obtained by propitiation
-only.[18] Among the Nenenot, or Indians of Hudson Bay, "the rule
-seems to be that all spirits are by nature bad, and must be
-propitiated to secure their favour."[19] Of various Brazilian
-tribes we are likewise told that they do not believe in the
-existence of any benevolent spirits. Thus the Coroado Indian
-acknowledges only an evil principle, which sometimes meets him in
-the form of a lizard or a crocodile or an ounce or a man with the
-feet of a stag, sometimes transforms itself into a swamp, and
-leads him astray, vexes him, brings him into difficulty and
-danger, and even kills him.[20] The Mundrucus of the Cuparí have
-no notion of a good supreme being, but believe in an evil spirit,
-regarded merely as a kind of hobgoblin, who is at the bottom of
-all their little failures and gives them troubles in fishing,
-hunting, and so forth.[21] The Uaupés, says Mr. Wallace, "appear
-to have no definite idea of a God. . . . They have much more
-definite ideas of a bad spirit, 'Juruparí,' or Devil, whom they
-fear and {667} endeavour through their _pagés_ [or medicine men]
-to propitiate. When it thunders, they say the 'Juruparí' is
-angry, and their idea of natural death is that the 'Juruparí'
-kills them."[22]
-
-[Footnote 17: Turner, 'Ethnology of the Ungava District,' in
-_Ann. Rep. Bur. Ethn._ xi. 272.]
-
-[Footnote 18: _Ibid._ p. 194.]
-
-[Footnote 19: _Ibid._ p. 193 _sq._]
-
-[Footnote 20: von Spix and von Martius, _Travels in Brazil_, ii. 243.]
-
-[Footnote 21: Bates, _The Naturalist on the River Amazons_, ii. 137.]
-
-[Footnote 22: Wallace, _Travels on the Amazon_, p. 500.]
-
-In Eastern Africa, according to Burton, "the sentiment generally
-elicited by a discourse upon the subject of the existence of a
-Deity is a desire to see him, in order to revenge upon him the
-deaths of relatives, friends, and cattle."[23] The only quality
-of a moral character which the Wanika are said to ascribe to the
-supreme being, Mulungu, is that of vindictiveness and
-cruelty.[24] To the Matabele the idea of a benevolent deity is
-utterly foreign, but they have a vague notion of a number of evil
-spirits always ready to do harm, and the chief among these are
-the spirits of their ancestors.[25] All the good the Bechuanas
-enjoy they ascribe to rainmakers, but "all the evil that comes
-they attribute to a supernatural being";[26] of their principal
-god, Morimo, Mr. Moffat never once, in the course of twenty-five
-years spent in missionary labour, heard that he did good or was
-capable of doing so.[27] Among various other African peoples,
-travellers assure us, supernatural beings are supposed to
-exercise a potent influence for evil rather than for good, or
-beneficent spirits are, at any rate, almost unknown.[28] On the
-Gold Coast, according to Major Ellis, the majority of spirits are
-malignant, and every misfortune is ascribed to their action. "I
-believe," he adds, "that originally all were conceived as
-malignant, and that the indifference, or the beneficence (when
-propitiated by sacrifice and flattery), which are now believed to
-be characteristics of some of these beings, are later
-modifications of the original idea."[29]
-
-[Footnote 23: Burton, _Lake Regions of Central Africa_, ii. 348.]
-
-[Footnote 24: New, _Life, Wanderings, and Labours in Eastern
-Africa_, p. 103 _sq._]
-
-[Footnote 25: Decle, _Three Years in Savage Africa_, p. 153.]
-
-[Footnote 26: Campbell, _Second Journey in the Interior of South
-Africa_, ii. 204.]
-
-[Footnote 27: Moffat, _Missionary Labours in Southern Africa_
-(ed. 1842), p. 262.]
-
-[Footnote 28: Rowley, _Religion of the Africans_, p. 55.
-Kingsley, _Travels in West Africa_, p. 443. Mockler-Ferryman,
-_British Nigeria_, p. 255 _sq._]
-
-[Footnote 29: Ellis, _Tshi-speaking Peoples_, pp. 12, 18, 20.
-_Cf._ Cruickshank, _Eighteen Years on the Gold Coast_, ii. 134.]
-
-Of many savages it is reported that they have notions of good, as
-well as of evil spirits, but that they chiefly or exclusively
-worship the evil ones, since the others are supposed to be so
-good that they require no offerings or homage.[30] But adoration
-of supernatural beings which are {668} considered at least
-occasionally beneficent is also very prevalent among uncivilised
-peoples.[31] The gods of the pagan Lapps were all good, although
-they took revenge upon those who offended them.[32] Among the
-Navaho Indians of New Mexico "the gods who are supposed to love
-and help men the most receive the greatest honour"; whereas the
-evil spirits are not worshipped except, rumour says, by the
-witches.[33] The belief in guardian or tutelary spirits of
-tribes, clans, villages, families, or individuals, is extremely
-widespread.[34] These spirits may be exacting enough--they are
-often greatly feared by their own worshippers, and sometimes
-described as distinctly malignant {669} by nature;[35] but their
-general function is nevertheless to afford assistance to the
-person or persons with whom they are associated. At the same time
-it should be noticed that the goodness of many savage gods only
-consists in their readiness to help those who please them by
-offerings or adoration; and in no case does their benevolence
-prove that they take an active interest in morality at large. A
-friendly supernatural being is not necessarily a guardian of
-men's behaviour towards their fellow men. In Morocco the patron
-saint of a town, village, or tribe is not in the least concerned
-about any kind of conduct which has not immediate reference to
-himself.[36] It is believed that even the robber may, by invoking
-a dead saint, secure his assistance in an unlawful enterprise.
-
-[Footnote 30: Wilken, _Het Animisme bij de volken van den
-Indischen Archipel_, p. 207 _sq._ Perham, 'Sea Dyak Religion,' in
-_Jour. Straits Branch Roy. Asiatic Soc._ no. 10, p. 220; St.
-John, _Life in the Forests of the Far East_, i. 69 _sq._ (Sea
-Dyaks). Blumentritt, 'Der Ahnencultus und die religiösen
-Anschauungen der Malaien des Philippinen-Archipels,' in
-_Mittheil. d. kais. u. kön. Geograph. Gesellsch. in Wien_, xxv.
-166 _sqq._ Prain, 'Angami Nagas,' in _Revue coloniale
-internationale_, v. 489. Forsyth, _op. cit._ pp. 141, 143
-(Gonds). Hooker, _Himalayan Journals_, i. 126 (Lepchas).
-Robertson, _History of America_, i. 383; Müller, _Geschichte der
-Amerikanischen Urreligionen_, pp. 150, 151, 232, 260; Dorman,
-_Origin of Primitive Superstition_, p. 30 (American Indians).
-Sproat, _Scenes and Studies of Savage Life_, p. 212 (Ahts).
-Falkner, _Description of Patagonia_, p. 116; Prichard, _Through
-the Heart of Patagonia_, p. 97.]
-
-[Footnote 31: See _supra_, ii. 615 _sq._]
-
-[Footnote 32: von Düben, _Lappland_, pp. 227, 285. Friis,
-_Lappisk Mythologi_, p. 106. Jessen, _Norske Finners og Lappers
-Hedenske Religion_, p. 33.]
-
-[Footnote 33: Matthews, _Navaho Legends_, p. 40. See also _ibid._
-p. 33.]
-
-[Footnote 34: Ellis, _Tshi-speaking Peoples of the Gold Coast_,
-pp. 17, 18, 77, 92. _Idem_, _E[(w]e-speaking Peoples of the Slave
-Coast_, p. 75. Wilson, _Western Africa_, p. 387 (Mpongwe).
-Tuckey, _River Zaire_, p. 375. Ellis, _History of Madagascar_,
-i. 395 _sq._ Ratzel, _History of Mankind_, i. 321 (various South Sea
-Islanders). Turner, _Samoa_, p. 17 _sq._ Williams and Calvert,
-_Fiji_, p. 185 _sq._ Inglis, _op. cit._ p. 30 (people of
-Aneiteum). Christian, _Caroline Islands_, p. 75. Wilken, _Het
-Animisme_, pp. 231 _sqq._ (Minahassers, Macassars, and Bugis of
-Celebes), 243 (Javanese). Selenka, _Sonnige Welten_, p. 103 _sq._
-(Dyaks). Forbes, _Insulinde_, p. 203 (natives of Tenimber). von
-Brenner, _Besuch bei den Kannibalen Sumatras_, p. 221 (Bataks).
-Mason, 'Religion, &c. among the Karens,' in _Jour. Asiatic Soc.
-Bengal_, xxxiv. 196. Hunter, _Annals of Rural Bengal_, i. 182,
-186 _sq._ (Santals). Hodgson, _Miscellaneous Essays_, i. 128
-(Bódo and Dhimáls). Bailey, 'Veddahs of Ceylon,' in _Trans. Ethn.
-Soc._ N.S. ii. 301; Nevill, 'Vaeddas of Ceylon,' in
-_Taprobanian_, i. 194. Schmidt, _Ceylon_, p. 291 _sq._ (Tamils).
-Bergmann, _Nomadische Streifereien unter den Kalmüken_, iii. 182
-_sq._ Abercromby, _Pre- and Proto-historic Finns_, i. 160
-(Ostiaks). Buch, 'Die Wotjaken,' in _Acta Soc. Scient. Fennicæ_,
-xii. 595 _sq._ Castrén, _Nordiska resor och forskningar_, iii.
-106, 107, 174 _sq._ (Finnish tribes). Boas, 'Central Eskimo,' in
-_Ann. Rep. Bur. Ethn._ vi. 591. Turner, _ibid._ xi. 193 _sq._
-(Hudson Bay Eskimo), 272 (Hudson Bay Indians). Hoffman, 'Menomini
-Indians,' _ibid._ xiv. 65. McGee, 'Siouan Indians,' _ibid._ xv.
-179; Parkman, _op. cit._ p. lxx; Dorman, _op. cit._ p. 227 (North
-American Indians). Müller, _Geschichte der Amerikanischen
-Urreligionen_, pp. 72 (North American Indians), 171 (Indians of
-the Great Antilles). Couto de Magalhães, _Trabalho preparatorio
-para aproveitamento do selvagem no Brazil--O selvagem_, p. 128
-_sqq._ Tylor, _op. cit._ ii. 199 _sqq._]
-
-[Footnote 35: Schmidt, _Ceylon_, p. 291 _sq._ (Tamils). Turner,
-in _Ann. Rep. Bur. Ethn._ xi. 193 _sq._ (Hudson Bay Eskimo), 272
-(Hudson Bay Indians). McGee, _ibid._ xv. 179; Müller, _op. cit._
-p. 72 (North American Indians).]
-
-[Footnote 36: For a singular exception to this rule see _supra_,
-ii. 67 _sq._]
-
-On the other hand, instances are not wanting in which savage gods
-are supposed to punish the transgression of rules relating to
-worldly morality. Occasionally, as we have noticed above, such
-gods are represented as avengers of some special kind of
-wrong-doing--murder,[37] theft,[38] niggardliness,[39] want of
-hospitality,[40] or lying.[41] Of certain Negro tribes we are
-told that, "when a man is about to commit a crime, or do that
-which his conscience tells him he ought not to do, he lays aside
-his fetiche, and covers up his deity, that he may not be privy to
-the deed."[42] The Tonga Islanders "firmly believe that the gods
-approve of virtue, and are displeased with vice; that every man
-has his tutelar deity, who will protect him as long as he
-conducts himself as he ought to do; but, if he does not, will
-leave him to the approaches of misfortune, disease, and death. . . .
-All rewards for virtue or punishments for vice happen to men
-in this world only, {670} and come immediately from the
-gods."[43] The Ainu of Japan are heard to say, "We could not go
-contrary to the customs of our ancestors without bringing down
-upon us the wrath of the gods."[44] And of various savages we are
-told that they believe in the existence of a supreme being who is
-a moral lawgiver or judge.
-
-[Footnote 37: _Supra_, i. 378 _sq._]
-
-[Footnote 38: _Supra_, ii. 59 _sq._]
-
-[Footnote 39: _Supra_, i. 561 _sq._]
-
-[Footnote 40: _Supra_, i. 578.]
-
-[Footnote 41: _Supra_, ii. 114 _sq._]
-
-[Footnote 42: Tuckey, _op. cit._ p. 377. _Cf._ Monrad, _Skildring
-af Guinea-Kysten_, p. 27, n. *]
-
-[Footnote 43: Mariner, _Natives of the Tonga Islands_, ii. 149, 107.]
-
-[Footnote 44: Batchelor, _Ainu of Japan_, p. 243 _sq._]
-
-In Australia, especially in New South Wales and Victoria but also
-in other parts of the continent, many of the native tribes have
-the notion of an "All-father," called Baiame, Daramulun,
-Mungan-ngalla, Bunjil, Nurelli, Nurundere, or by some other
-name.[45] He is represented as an anthropomorphic, supernatural
-being and as the father of the race or the maker of everything,
-who at one time dwelt on the earth but afterwards ascended to a
-land beyond the sky, where he still remains. He is of a kindly
-disposition, and requires no worship; in a very few cases only we
-meet with some faint traces of a cult offered him.[46] {671} He
-is frequently believed to have instituted the initiation
-ceremonies,[47] and to have given the people their laws.[48] Thus
-Nurundere is said to have taught the Narrinyeri all the rites and
-ceremonies whether connected with life or death; on inquiry why
-they adhere to any custom, the reply is that Nurundere commanded
-it.[49] At the _boorah_, or initiation, of the Euahlayi tribe,
-Byamee is proclaimed as "Father of All, whose laws the tribes are
-now obeying"; and in one of their myths he is described as the
-original source of all the totems and of the law that persons of
-the same totem may not intermarry.[50] Bunjil taught the Kulin
-the arts of life, and told them to divide themselves into two
-intermarrying classes so as to prevent marriages between
-kindred.[51] Daramulun instructed the Yuin what to do and gave
-them laws which the old people have handed down from father to
-son to the present time.[52] And in several instances the
-Australian "All-father" is represented as a guardian of morality
-who punishes the wicked and rewards the good. Bunjil "very
-frequently sent his sons to destroy bad men and bad women . . .
-who had killed and eaten blacks."[53] Daramulun, or Tharamulun,
-who from his residence in the sky watches the actions of men, "is
-very angry when they do things that they ought not to do, as when
-they eat forbidden food."[54] The natives of the Herbert River,
-in Queensland, believe that anybody who takes a wife from the
-prohibited sub-class, or who does not wear the morning necklace
-for the prescribed period, or who eats forbidden food, will
-sooner or later die in consequence, since his behaviour is
-offensive to Kohin, a supernatural being who is supposed to have
-his dwelling in the Milky Way but to roam about at night on earth
-as a gigantic warrior killing those whom he meets.[55] Most
-commonly, however, the retribution is said to come after death.
-{672} The tribes about Maryborough, in Queensland, maintain that
-the ghosts of those who are good or those who have a high degree
-of excellence in any particular line--fishing, hunting, fighting,
-dancing, and so forth--are directed by Birral to an island in the
-Far North, where he resides.[56] Among the Cape River tribes,
-"when a Blackfellow dies whose actions during life have been what
-they hold to be good, he is said to ascend to Boorala (_i.e._, to
-the Creator, literally 'good'), where he lives much as he did on
-earth, less the usual terrestrial discomforts"; whereas to the
-man who has led a bad life death is thought to be simple
-annihilation.[57] The Kulin said that when they die they will be
-subjected to a sort of trial by Binbeal, "the good being rewarded
-in a better land, the bad driven away, but where they seemed to
-have no idea."[58] According to another account, again, Binbeal,
-after he has subjected the spirits of the deceased to an ordeal
-of fire to try whether they are good or bad, liberates the good
-at once, whereas the bad are confined and punished.[59] The
-Illawarra, who lived from thirty to a hundred miles south of
-Sidney, believed that when people die they are brought up to a
-large tree where Mirirul, the supreme ruler, examines and judges
-them. The good he takes up to the sky, the bad he sends to
-another place to be punished. The women said to their children
-when they were naughty, "Mirirul will not allow it."[60] Among
-the Wathiwathi, in New South Wales, the belief prevails that if
-the spirit of a bad man escapes the traps which are set for it on
-its course in the sky, it is sure to fall into the hell of fire.
-The good spirit, on the other hand, is received by two old women
-who take care of it till it becomes accustomed to its new abode;
-and after a time the great God, Tha-tha-puli, comes with a host
-of spirits to see the newcomer and try his strength.[61]
-According to a report written by Archdeacon Günther in 1839,
-Baiame is supposed to like the blacks who are good; and "there is
-also an idea entertained by the more thoughtful that good natives
-will go to Baiame when they die."[62] Later authorities state
-that Baiame is believed not only to reward the good after death,
-but also to punish the wicked--that is, persons who tell lies or
-kill men by striking them secretly or who are unkind towards the
-old and sick or, generally, who break his laws.[63] A very
-elaborate {673} theory of retribution is communicated by Mr.
-Manning, whose notes date from 1844 or 1845. Boyma (Baiame) is
-said to be seated far away in the north-east on an immense throne
-made of transparent crystal and standing in a great lake. He has
-a son, Grogoragally, equal with him in omniscience, who acts as
-mediator for the souls to the Great God. His office is to watch
-over the actions of mankind and to bring to life the dead to
-appear before the judgment-seat of his Father, who alone
-pronounces the judgment of eternal happiness in heaven or eternal
-misery in a hell of everlasting fire. Women and boys dying before
-the initiation, however, do not go to heaven; the men have a
-vague idea that another world is reserved for them. There is also
-a third person, half human, half divine, called Moodgeegally, who
-makes Boyma's will known to mankind and is the avowed enemy of
-all wicked people, transmitting their misdeeds to Grogoragally.[64]
-
-[Footnote 45: Henderson, _Colonies of New South Wales_, p. 147.
-de Strzelecki, _New South Wales_, p. 339. Manning, 'Aborigines of
-New Holland,' in _Jour. and Proceed. Roy. Soc. N.S. Wales_, xvi.
-157 _sqq._ Ridley, _Kámilarói_, p. 135 _sqq._ Cameron, 'Some
-Tribes of New South Wales,' in _Jour. Anthr. Inst._ xiv. 364
-_sq._ Langloh Parker, _Euahlayi Tribe_, p. 4 _sqq._ Threlkeld,
-_An Australian Language as spoken by the Awabakal_, p. 47.
-Mathews, _Aboriginal Tribes of New South Wales and Victoria_,
-p. 138 _sqq._ Mathew, _Eagle-hawk and Crow_, p. 146 _sqq._ Fountain
-and Ward, _Rambles of an Australian Naturalist_, p. 296.
-_Missions-Blatt aus der Brüdergemeine_, xvi. 101, 143; Parker,
-_Aborigines of Australia_, p. 24; Dawson, _Australian
-Aborigines_, p. 49 (tribes in Victoria). Brough Smyth,
-_Aborigines of Victoria_, i. 423 _sqq._ Taplin, 'Narrinyeri,' in
-Woods, _Native Tribes of South Australia_, p. 55 _sqq._ Howitt,
-_Native Tribes of South-East Australia_, p. 489 _sqq._ Spencer
-and Gillen, _Northern Tribes of Central Australia_, p. 498 _sq._
-(Kaitish). Strehlow, quoted by Thomas, 'Religious Ideas of the
-Arunta,' in _Folk-Lore_, xvi. 429 _sq._ _Idem_, quoted by von
-Leonhardi, 'Religiöse und totemistische Vorstellungen der Aranda
-und Loritja in Zentralaustralien,' in _Globus_, xci. 286 _sq._
-Curr, _The Australian Race_, i. 253 (Larrak[=i]a); ii. 465, 475
-(some Cape River natives). Lang, _Cooksland_, p. 459 _sq._;
-_Idem_, _Queensland_, p. 379 _sq._ Roth, _Ethnol. Studies among
-the North-West-Central Queensland Aborigines_, pp. 16, 153. 158.
-Salvado, _Mémoires historiques sur l'Australie_, p. 258 (natives
-of West Australia).]
-
-[Footnote 46: When the natives of Cooksland, in North-Eastern
-Australia, rob a wild bees' hive they generally leave a little of
-the honey for Buddai, the supernatural ancestor of their race
-(Lang, _Cooksland_, p. 460; _Idem_, _Queensland_, p. 380). Mrs.
-Langloh Parker (_op. cit._ pp. 8, 9, 79, 89) was told that in the
-Euahlayi tribe prayers are addressed to Byamee at funerals for
-the souls of the dead, and that at some initiatory rites the
-oldest medicine-man present addresses a prayer to him asking him
-to give the people long life as they have kept his law; but they
-do not profess to pray or to have prayed to Byamee on any other
-occasions (_cf._ Manning, _loc. cit._ p. 164). The natives
-inhabiting the neighbourhood of Lake Boga in Victoria have to
-placate Pei-a-mei by dances (_Missions-Blatt aus der
-Brüdergemeine_, xvi. 143). Of the South-Eastern Australian
-Daramulun Mr. Howitt says (_op. cit._ p. 507 _sq._) that,
-although there is no worship of him, "the dances round the figure
-of clay and the invocating of his name by the medicine-men
-certainly might have led up to it."]
-
-[Footnote 47: Manning, _loc. cit._ p. 165; Ridley, _op. cit._
-pp. 141, 155; Langloh Parker, _op. cit._ p. 7 (Boyma, Baiame,
-Byamee). Howitt, _op. cit._ p. 495 (Daramulun). M'Kinlay, quoted
-_ibid._ p. 496. Mr. Threlkeld says (_op. cit._ p. 47) that Koin,
-an imaginary male being who has the appearance of a black, is
-supposed to precede the coming of the natives from distant parts
-when they assemble to celebrate certain of their ceremonies.]
-
-[Footnote 48: Howitt, _op. cit._ p. 489 (Nurelli of the
-Wiimbaio). M'Kinlay, quoted _ibid._ p. 496.]
-
-[Footnote 49: Taplin, in Woods, _op. cit._ p. 55.]
-
-[Footnote 50: Langloh Parker, _op. cit._ p. 7 _sq._]
-
-[Footnote 51: Howitt, _op. cit._ p. 491.]
-
-[Footnote 52: _Ibid._ p. 495.]
-
-[Footnote 53: Brough Smyth, _op. cit._ i. 423.]
-
-[Footnote 54: Howitt, _op. cit._ p. 495.]
-
-[Footnote 55: _Ibid._ p. 499.]
-
-[Footnote 56: Howitt, _op. cit._ p. 498.]
-
-[Footnote 57: Curr, _op. cit._ ii. 475.]
-
-[Footnote 58: Parker, _Aborigines of Australia_, p. 24.]
-
-[Footnote 59: Ridley, _op. cit._ p. 137.]
-
-[Footnote 60: _Ibid._ p. 137.]
-
-[Footnote 61: Cameron, in _Jour. Anthr. Inst._ xiv. 364 _sq._]
-
-[Footnote 62: Günther, quoted by Thomas, in _Man_, 1905, p. 51.]
-
-[Footnote 63: Ridley, _op. cit._ pp. 135, 136, 140. Langloh
-Parker, _op. cit._ p. 70.]
-
-[Footnote 64: Manning, _loc. cit._ p. 159 _sqq._]
-
-It seems probable that these statements represent a mixture of
-Christian ideas and genuine aboriginal beliefs. There is reason
-to believe that the Australian notion of an "All-father" is not
-in the first instance due to missionary influence;[65] we have
-records of it from a comparatively early date, it is spread over
-a wide area, it has been found among natives who live in a state
-of great isolation, and the multitude of different names by which
-the "All-father" is called in different tribes does not suggest a
-recent origin from a common source. He may very well be a
-mythical ancestor. Mr. Howitt observes that the master in the
-sky-country represents the Australian idea of a headman--"a man
-who is skilful in the use of weapons of offence and defence,
-all-powerful in magic, but generous and liberal to his people,
-who does no injury or violence to any one, yet treats with
-severity any breaches of custom or morality."[66] But he may also
-be a personification of supernatural force in general, or a being
-who has been invented to account for all kinds of marvellous
-phenomena. The word _altjira_, by which the Arunta call their
-great god, is apparently not a proper name; according to Kempe,
-it is applied to five gods, whose names he gives, as also to the
-sun, moon, and remarkable things generally.[67] And Mulkari, who
-figures in the beliefs of some Queensland tribes, is described
-not only as "a benevolent, omnipresent, supernatural being," but
-as "anything incomprehensible," as {674} the supernatural power
-who makes everything which the blacks cannot otherwise account
-for.[68] On the other hand, it is hardly possible to doubt that
-in various instances Christian conceptions have been infused into
-the aboriginal belief either by the natives themselves or by our
-informants.[69] Biblical traits are conspicuous in some of the
-legends. Bishop Salvado tells us that, according to West
-Australian beliefs, the Creator, Motogon, "employa ces paroles:
-'Terre, parais dehors': et il souffla, et la terre fut créée.
-'Eau, parais dehors'; et il souffla, et l'eau fut créée."[70] The
-believers in Nourelle give the following account of the origin of
-death:--The first created man and woman were told not to go near
-a certain tree in which a bat was living, as the bat was not to
-be disturbed. But one day the woman, while gathering firewood,
-went near the forbidden tree; the bat flew away and after that
-came death.[71] And the same natives also believe that Nourelle
-created a great serpent, to which he gave power over all created
-things.[72] So also the doctrine of a hell with everlasting fire
-has almost certainly a foreign origin; and in some other points
-the genuineness of the Australian theories of retribution is at
-least open to doubt, even though the function of a judge cannot
-be regarded as incompatible with the notion of a mythical headman
-in the sky. Messrs. Spencer and Gillen observe that it would be a
-very easy matter indeed to form, as the result of a general
-statement such as might be made by any individual native in reply
-to a question, a perfectly wrong impression with regard to the
-native's idea as to the existence of anything like a supreme
-being inculcating moral rules.[73] Of the Central Australian
-aborigines they say:--"Any such idea as that of a future life of
-happiness or the reverse, as a reward for meritorious or as a
-punishment for blameworthy conduct, is quite foreign to them. . . .
-We know of no tribe in which there is a belief of any kind in a
-supreme being who rewards or punishes the individual according to
-his moral behaviour, using the word moral in the native
-sense."[74] So far as the Arunta are concerned, this statement is
-confirmed by Mr. Strehlow. He writes that their god Altjira, who
-lives in the sky and shows himself to man in the lightning, is a
-{675} good god who never inflicts any punishments on human beings.[75]
-
-[Footnote 65: See especially Howitt, _op. cit._ p. 504 _sqq._;
-Lang, _Magic and Religion_, p. 25 _sqq._; Thomas, in _Man_, p. 50
-_sqq._; von Leonhardi, in _Globus_, xci. 287.]
-
-[Footnote 66: Howitt, _op. cit._ p. 507. See also _ibid._ p. 501.]
-
-[Footnote 67: Thomas, in _Folk-Lore_, xvi. 431.]
-
-[Footnote 68: Roth, _op. cit._ pp. 36, 153.]
-
-[Footnote 69: Mr. J. D. Lang (_Queensland_, p. 379 _sq._;
-_Cooksland_, p. 459 _sq._) even suspects Asiatic influence in the
-case of Buddai, or Budjah, the mythical ancestor of certain
-Queensland aborigines. Not only does his name remind of Buddha,
-but a story told of him is remarkably similar to an Eastern legend.]
-
-[Footnote 70: Salvado, _op. cit._ p. 258.]
-
-[Footnote 71: Brough Smyth, _op. cit._ i. 428.]
-
-[Footnote 72: _Ibid._ i. 423.]
-
-[Footnote 73: Spencer and Gillen, _Northern Tribes of Central
-Australia_, p. 492 _sqq._]
-
-[Footnote 74: _Ibid._ p. 491.]
-
-[Footnote 75: Strehlow, quoted by Thomas, in _Folk-Lore_, xvi.
-429 _sq._ _Idem_, quoted by von Leonhardi, in _Globus_, xci. 287.]
-
-From various Polynesian and Melanesian islands we hear of a
-supreme being--called Io by the Maoris,[76] Tangaroa by the
-Samoans,[77] Taaroa by the Society Islanders,[78] and so
-forth[79]--who has made everything, but who is too remote and
-indistinct to be an object of worship and takes no interest in
-the morals of men. In some instances at least he seems to be a
-very shadowy deification of the forces of nature. Thus Io is
-described as "the great originator, the All-Father, who pervades
-space, has no residence, and cannot be localised"; and the
-conception of Tangaroa is equally abstract.[80] Mr. Guppy learned
-that the natives of Treasury Island and the Shortlands, in the
-Solomon Group, believe in a Good Spirit who lives in a pleasant
-land, whither all men who have led good lives go after death;
-whereas all bad people are transported to the crater of Bagana,
-the burning volcano of Bougainville, which is the home of the
-Evil Spirit and his companion spirits.[81] But this belief
-savours too much of a Christian hell to be accepted as genuine
-without further evidence.
-
-[Footnote 76: Gudgeon, 'Maori Religion,' in _Jour. Polynesian
-Soc._ xiv. 108 _sq._]
-
-[Footnote 77: _Ibid._ p. 108 _sq._]
-
-[Footnote 78: Ellis, _Polynesian Researches_, i. 323 _sqq._]
-
-[Footnote 79: Tylor, _op. cit._ ii. 344 _sqq._ Hoffmann, _La
-notion de l'Être suprême chez les peuples non civilisés_, p. 70
-_sqq._]
-
-[Footnote 80: Gudgeon, in _Jour. Polynesian Soc._ xiv. 108.]
-
-[Footnote 81: Guppy, _Solomon Islands_, p. 53.]
-
-The Sea Dyaks of Borneo have a great good god called Batara, or
-Petara, who created the world and rules over it, and is the cause
-of every blessing. He is not susceptible to human influence, and
-therefore receives no worship. But he approves of industry,
-honesty, purity of speech, and skill in word and work. He
-punishes theft, injustice, disrespect for old persons, and
-adultery; and immorality among the unmarried is supposed to bring
-a plague of rain upon the earth as a punishment inflicted by
-Petara. In general, says Mr. Perham, he is against man's sin; but
-over and above moral offences many sins have been invented which
-are simply the infringement of _pemate_, or _tabu_.[82] Like many
-other great gods of savages, Petara is lacking in individuality.
-He is at all events not now supposed to be one supreme god, but
-the general belief is that there are many Petaras--in fact as
-many Petaras as men. Each man, the people say, has his own
-peculiar Petara, his own tutelary deity, and if a {676} person is
-miserable it is because his Petara is miserable.[83] This
-account, however, loses much of its interest when we find that
-the name Batara or Petara has obviously been borrowed from
-Sanscrit, where the word _bha[t.][t.]âra_ means "lord" or
-"master."[84] The great gods of some other peoples in the Malay
-Archipelago, again, have names which are derived from
-Arabic--Lahatala, Latala, or Hatalla, from _Allah ta[(]âla_.
-Hence when the Alfura of Bura are heard to say that their highest
-god, Opo-geba-snulat or Lahatala, writes down in a book the
-actions of men so as to be able to reward the virtuous and punish
-the wicked as they deserve, there is every reason to think of
-influence from Muhammedanism.[85]
-
-[Footnote 82: Perham, 'Petara,' in _Jour. Straits Branch Roy.
-Asiatic Soc._ no. 8, p. 149 _sq._ St. John, _Life in the Forests
-of the Far East_, i. 69 _sq._ Selenka, _op. cit._ p. 97 _sqq._]
-
-[Footnote 83: Perham, in _Jour. Straits Branch Roy. Asiatic Soc._
-no. 8, p. 134 _sq._]
-
-[Footnote 84: _Ibid._ p. 133. Wilken, _Het Animisme_, p. 162.]
-
-[Footnote 85: Wilken, _op. cit._ pp. 162, 240 _sq._]
-
-The Andaman Islanders are reported to believe in a supreme being,
-P[=u]luga, who was never born and is immortal, who has created
-the world and all its objects, who is omniscient when it is day,
-knowing even the thoughts of their hearts. Whilst pitiful to
-those in distress, he is angered by the commission of certain
-sins--falsehood, theft, grave assault, murder, adultery, and
-burning wax. He is the judge from whom each soul receives its
-sentence after death. The "spirits" of the departed are sent by
-him to a place comprising the whole area under the earth, to
-await the resurrection. The "souls" of the departed, again, pass
-either into paradise or to another place which might be described
-as purgatory, a place of punishment for those who have been
-guilty of heinous sins, such as murder. At the resurrection the
-soul (from which evil emanates) and the spirit (from which all
-good emanates) will be reunited and will henceforth live
-permanently on the new earth, since the souls of the wicked will
-then have been reformed by the punishments inflicted on them
-during their residence in the "purgatory."[86] Mr. Man, who has
-given us this account, thinks it is extremely improbable that the
-legends about P[=u]luga, about the powers of good and evil, and
-about a world beyond the grave, are the result of the teaching of
-missionaries or others.[87] But his assumption that they are
-indigenous seems hardly justified by the very scanty knowledge we
-possess of the past history of these islanders. Considering their
-low state of culture, the metaphysical subtlety in some of the
-notions recorded by Mr. Man would certainly be more astonishing
-if India were not so near.
-
-[Footnote 86: Man, 'Aboriginal Inhabitants of the Andaman
-Islands,' in _Jour. Anthr. Inst._ xii. 112, 157, 158, 161 _sq._]
-
-[Footnote 87: _Ibid._ p. 156.]
-
-{677}Among the Karens of Burma the belief is held that Hades has
-a king or judge who stands at the door to admit or reject those
-who apply for admission into his kingdom. He decides the future
-of each. Those who have performed meritorious works are sent to
-the regions of happiness above; those who have done wickedness,
-such as striking father or mother, are delivered over to the king
-of hell who is in waiting; whilst those who have neither
-performed deeds of merit nor are guilty of great crimes are
-allotted a place in Hades.[88] At the same time the Karens' ideas
-of a future state are described as confused, indefinite, and
-contradictory. Mr. Mason writes:--"They seem to be a melee of
-different systems. That which appears to me indigenous Karen . . .
-represents the future world as a counterpart of this, located
-under the earth, where the inhabitants are employed precisely as
-they are here."[89] The Pahárias of the Rájmahal Hills believe
-that the souls of those who have been disobedient to the commands
-of Bedo Gosain will be condemned either to inhabit some portion
-of the vegetable kingdom for a certain number of years, or to be
-cast into a pit of fire, where the offender will suffer eternal
-punishment or be regenerated in the shape of a dog or a cat.
-Those who have led a good life, on the other hand, will be
-rewarded, first by enjoying a short but happy residence with Bedo
-Gosain in heaven, and subsequently by being born a second time on
-earth of women and being exalted to posts of great honour, as
-also by possessing an abundance of worldly goods.[90] In these
-notions our chief informant, Lieutenant Shaw, sees traces of
-Hinduism.[91] Lack of detailed information makes it impossible to
-decide whether the belief in a creator and heavenly judge which
-has been found in some other uncivilised tribes in India might be
-traced to a similar influence. The Munda Kols in Central Bengal
-maintain that the good and almighty Singbonga, who lives in the
-sky and is connected with the sun, has made everything. Being so
-far away he occupies himself very little with earthly matters,
-and is only in exceptional cases an object of worship; but he
-sees everything which happens, and is said to punish theft and
-insincerity.[92] So also the Kukis recognise a benevolent and
-all-powerful god {678} and creator, called Puthén, who is the
-judge of all mortals and awards punishments to the wicked both in
-this world and in the next.[93]
-
-[Footnote 88: Mason, in _Jour. Asiatic Soc. Bengal_, xxxiv. 196.]
-
-[Footnote 89: _Ibid._ p. 195.]
-
-[Footnote 90: Shaw, 'Inhabitants of the Hills near Rájamahall,'
-in _Asiatick Researches_, iv. 48 _sqq._ Sherwill, 'Tour through
-the Rájmahal Hills,' in _Jour. Asiatic Soc. Bengal_, xx. 556.]
-
-[Footnote 91: Shaw, in _Asiatick Researches_, iv. 46.]
-
-[Footnote 92: Jellinghaus, 'Sagen, Sitten und Gebräuche der
-Munda-Kolhs in Chota Nagpore,' in _Zeitschr. f. Ethnologie_,
-iii. 330 _sq._]
-
-[Footnote 93: Stewart, 'Northern Cachar,' in _Jour. Asiatic Soc.
-Bengal_, xxiv. 628.]
-
-The Ainu of Japan believe in a great god or creator who bestows
-blessings upon the good and visits the bad with disease, unless
-they repent. They also say that good people go after death to the
-"island of the Great Spirit," or to the "kingdom of God," to lead
-a happy life; whereas bad people go to the "bad island," or to
-the "wet underground world," in which they suffer discomfort or,
-according to some, are burned in everlasting fires.[94] Of the
-pagan Samoyedes we are told that they regard the great Num as the
-creator of the universe, as an all-powerful and omniscient being,
-who protects the innocent, rewards the virtuous, and punishes the
-wicked.[95] But the primitive Num, who was simply the sky, was
-too far removed from the nomads who wandered across the frozen
-plain, to interfere to prevent catastrophe or accomplish their
-well-being; and in the provident actions and overseeing which
-some of the Samoyedes now ascribe to him, "we can clearly enough
-trace the influence of the missionary and the suggestion of the
-Christian faith."[96]
-
-[Footnote 94: von Siebold, _Die Aino auf der Insel Yesso_, p. 24.
-Batchelor, _Ainu of Japan_, pp. 199, 235 _sqq._ Howard, _Life
-with Trans-Siberian Savages_, p. 193.]
-
-[Footnote 95: Castrén, _op. cit._ iii. 14.]
-
-[Footnote 96: Jackson, in _Jour. Anthr. Inst._ xxiv. 398. See
-also Castrén, _op. cit._ iii. 14-16, 182 _sqq._]
-
-Dr. Rink asserts that the Greenlanders considered Tornarsuk as
-the supreme being on whom they were dependent for any
-supernatural aid, and in whose abodes in the depth of the earth
-all such persons as had striven and suffered for the benefit of
-their fellow men should find a happy existence after death.[97]
-Dr. Nansen, however, is of opinion that Tornarsuk owes a great
-deal to missionary influence.[98] That he was not so superior a
-being as is commonly stated is evident from Captain Holm's
-description of the Angmagsaliks in Eastern Greenland, where he is
-represented as a monster living in the sea, of about the same
-length as a big seal, but thicker.[99] And to judge from Egede's
-description dating from the earlier part of the eighteenth
-century, Tornarsuk's notions of justice, if he had any, must in
-olden times have been very limited, as he took to his
-subterranean paradise only women that died in labour and men that
-perished at sea.[100]
-
-[Footnote 97: Rink, _Greenland_, p. 141.]
-
-[Footnote 98: Nansen, _Eskimo Life_, p. 242.]
-
-[Footnote 99: Holm, 'Ethnologisk Skizze af Angmagsalikerne,' in
-_Meddelelser om Grönland_, x. 115.]
-
-[Footnote 100: Egede, _Description of Greenland_, p. 197.]
-
-{679} The "Great Spirit" so often referred to in accounts of North
-American Indians, is described as a being too elevated and remote
-to take much interest in the destinies and actions of men and too
-benevolent by nature to require propitiation or worship.
-Schoolcraft asserts that in their oral traditions there is no
-attempt "to make man accountable to him, here or hereafter, for
-aberrations from virtue, good will, truth, or any form of moral
-right. With benevolence and pity as prime attributes the Great
-Transcendental Spirit of the Indian does not take upon himself a
-righteous administration of the world's affairs, but, on the
-contrary, leaves it to be filled, and its affairs, in reality,
-governed, by demons and fiends in human form."[101] Yet there are
-instances in which he is represented in a different light. The
-most essential moral precepts of the Iroquois "were taught as the
-will of the Great Spirit, and obedience to their requirements as
-acceptable in his sight";[102] but whilst highly gratified with
-their virtues, he detested their vices, and punished them for
-their bad conduct not only in this world but in a future state of
-existence.[103] The Potawatomis considered that rape was visited
-by the anger of the Great Spirit.[104] Ti-ra'-wa, the supreme
-being of the Pawnees, applauds valour, abhors theft, and punishes
-the wicked by annihilation, whilst the good dwell with him in his
-heavenly home.[105] The Indians of Alabama told Bossu that those
-who behave themselves foolishly and disregard the supreme being
-will after death go to a barren land full of thorns and briars,
-with no hunting and no wives, whereas those who neither rob nor
-kill nor take other men's wives will occupy a very fertile
-country and live there a happy life.[106] Keating states that,
-according to the beliefs of the Dacotahs, men go to the residence
-of the Great Spirit if they have been good and peaceable, or if
-they died by the hand of their enemy, but that their souls are
-doomed to the residence of the Evil Spirit if they perish in a
-broil with their own countrymen.[107] This statement, however, is
-not supported by other authorities. Prescott writes of the same
-Indians:--"They have very little notion of punishment for crime
-hereafter in eternity: indeed, they know very little about
-whether the Great Spirit has anything to do with their affairs,
-present or future."[108] {680} And among the Omaha and Ponka, who
-are branches of the same people, the old men used to say to their
-fellow tribesmen, "If you are good, you will go to the good
-ghosts; if you are bad you will go to the bad ghosts." But
-nothing was ever said of going to dwell with Wakanda, or with
-demons.[109] As regards the origin of the North American notion
-of the Great Spirit different opinions have been expressed. On
-the one hand we are told that it is essentially only "the
-Indian's conception of the white man's god," which belongs not to
-the untutored but to the tutored mind of the savage.[110] On the
-other hand it is argued that the belief in the Great Spirit must
-be a native product, since it is reported to have occurred
-already before the arrival of the earliest Jesuit missionaries.[111]
-Unfortunately, however, we cannot be sure that our informants
-have accurately interpreted the beliefs of the Indians. Mr.
-Dorsey has pointed out that a fruitful source of error has been a
-misunderstanding of their terms and phrases.[112] The Dacotah
-word _wakanda_, which has been rendered into "Great Spirit,"
-simply means "mystery," or "mysterious," and signifies rather a
-quality than a definite entity. Among many tribes the sun is
-wakanda, among the same tribes the moon is wakanda, and so are
-thunder, lightning, the stars, the winds, as also various
-animals, trees, and inanimate objects or places of a striking
-character; even a man, especially a medicine-man, may be
-considered wakanda.[113] So, too, the Menomini term _mashä' ma'
-nid[=o]_, or "great unknown," is not to be understood as implying
-a belief in one supreme being; there are several manidos, each
-supreme in his own realm, as well as many lesser mysteries, or
-deities, or spirits.[114] Mr. Dorsey also observes that in many
-cases Indians have been quick to adopt the phrases of
-civilisation in communicating with white people, whilst in
-speaking to one another they use their own terms.[115] At the
-same time it seems to me that if the notion of a Great Spirit had
-altogether a Christian origin we might expect to find an idea of
-moral retribution more commonly associated with it than the {681}
-statements imply. It may be that among the North American Indians
-also, as among some other peoples, a vague conception of
-something like a supreme being has arisen through a
-personification of the mysteries in nature.[116] But if this be
-the case the interest which the Great Spirit in rare instances
-takes in human conduct may all the same be due to missionary
-influence. It is certainly not an original characteristic of his
-nature. Among the Iroquois and Pawnees, who attribute to their
-great god the function of a moral judge, he also receives
-offerings--[117] a circumstance which indicates that he cannot be
-regarded as a typical representative of his class.
-
-[Footnote 101: Schoolcraft, _op. cit._ i. 35.]
-
-[Footnote 102: Morgan, _League of the Iroquois_, p. 172.]
-
-[Footnote 103: Seaver, _Narrative of the Life of Mrs. Jemison_,
-p. 155.]
-
-[Footnote 104: Keating, _Expedition to the Source of St. Peter's
-River_, i. 127.]
-
-[Footnote 105: Grinnell, _Pawnee Hero Stories_, p. 355. Lang,
-_Making of Religion_, p. 257.]
-
-[Footnote 106: Bossu, _Travels through Louisiana_, i. 256 _sq._]
-
-[Footnote 107: Keating, _op. cit._ i. 393 _sq._]
-
-[Footnote 108: Schoolcraft, _op. cit._ ii. 195. _Cf._ _ibid._
-iii. 229.]
-
-[Footnote 109: Dorsey, 'Siouan Cults,' in _Ann. Rep. Bur. Ethn._
-xi. 419.]
-
-[Footnote 110: Smith, 'Myths of the Iroquois,' in _Ann. Rep. Bur.
-Ethn._ ii. 112. Tylor, 'Limits of Savage Religion,' in _Jour.
-Anthr. Inst._ xxi. 284. Boyle, 'Paganism of the Civilised
-Iroquois,' _ibid._ xxx. 266.]
-
-[Footnote 111: Lang, _Making of Religion_, p. 251 _sqq._ _Idem_,
-_Magic and Religion_, p. 19 _sqq._ Hoffmann, _op. cit._ p. 86 _sq._]
-
-[Footnote 112: Dorsey, in _Ann. Rep. Bur. Ethn._ xi. 365 _sq._]
-
-[Footnote 113: _Ibid._ p. 366. McGee, in _Ann. Rep. Bur. Ethn._
-xv. 181 _sqq._ _Cf._ James, _Expedition to the Rocky Mountains_,
-i. 268; Tylor, _op. cit._ ii. 343.]
-
-[Footnote 114: Hoffman, 'Menomini Indians,' in _Ann. Rep. Bur.
-Ethn._ xiv. 39, n. 1. _Cf._ Parkman, _Jesuits in North America_,
-p. lxxix.]
-
-[Footnote 115: Dorsey, in _Ann. Rep. Bur. Ethn._ xi. 365. See
-also Smith, _ibid._ ii. 112.]
-
-[Footnote 116: The Great Spirit is represented by Schoolcraft
-(_op. cit._ i. 15) as a "Soul of the Universe which inhabits and
-animates every thing," and is supposed to exist under every
-possible form in the world, animate and inanimate. Of Ti-ra'-wa
-it is said that he "is in and of everything" (_supra_, i. 448).]
-
-[Footnote 117: Seaver, _op. cit._ p. 155. _Supra_ i. 448.]
-
-In South America, too, several tribes have been found to believe
-in a benevolent Great Spirit, who is indifferent to men's
-behaviour and is not worshipped by them.[118] Of the Passés,
-however, we are told by a Portuguese official who travelled in
-Brazil in 1774-75 that they have the idea of a creator who
-rewards good people by allowing their souls to stay with him and
-punishes the wicked by turning their souls into evil
-spirits.[119] But according to Mr. Bates "these notions are so
-far in advance of the ideas of all other tribes of Indians . . .
-that we must suppose them to have been derived by the docile
-Passés from some early missionary or traveller."[120] Of the
-Fuegians, again, Admiral Fitzroy writes:--"A great black man is
-supposed to be always wandering about the woods and mountains,
-who is certain of knowing every word and every action; who cannot
-be escaped, and who influences the weather according to men's
-conduct." Of this influence our informant gives the following
-instance. A native related a story of his brother who once killed
-a man--one of those very wild men who wander about in the woods
-supporting themselves by theft--because he stole from him a bird.
-Afterwards he was very sorry for what he had done, particularly
-when it began to blow hard. In telling the story, the brother
-said:--"Rain come down--snow come down--hail come down--wind
-blow--blow--very much blow. Very bad to kill man. Big man in woods
-no like it, he very angry." The same native also reproached the
-surgeon {682} of the Beagle for shooting some young ducks with
-the old bird:--"Very bad to shoot little duck--come wind--come
-rain--blow--very much blow."[121] In the latter case, however, no
-mention was made of the black man in the woods. From Admiral
-Fitzroy's account Mr. Andrew Lang draws the conclusion that the
-Fuegians have evolved the idea of a high deity, an ethical judge,
-who "makes for righteousness," who searches the heart, who almost
-literally "marks the sparrow's fall," and whose morality is so
-much above the ordinary savage standard that he regards the
-slaying of a stranger and an enemy, caught redhanded in robbery,
-as a sin.[122] This statement may serve as a specimen of the
-spirit in which its author deals with the subject of supreme
-beings in savage beliefs. There is after all some difference
-between a high moral god and a mythical weather doctor who lives
-in the woods and sends bad weather if a wild man, who also lives
-in the woods, is killed. Mr. Bridges, our most trustworthy
-authority on the Fuegians, says nothing of the black man, but
-states that nearly all the old men among the Fuegians are
-medicine-men, and that these wizards make frequent incantations
-in which they seem to address themselves to a mysterious being
-called Aïapakal. And they also believe in another spirit, named
-Hoakils, from whom they pretend to obtain a supernatural power
-over life and death.[123]
-
-[Footnote 118: Bernau, _Missionary Labours in British Guiana_, p.
-49. Hoffmann, _op. cit._ p. 90 _sqq._]
-
-[Footnote 119: Ribeiro de Sampaio, _Diario da viagem_, p. 79.]
-
-[Footnote 120: Bates, _The Naturalist on the River Amazons_, ii.
-244. _Cf._ _ibid._ ii. 162; Dobrizhofter, _Account of the
-Abipones_, ii. 57 _sq._; Müller, _Geschichte der Amerikanischen
-Urreligionen_, p. 289.]
-
-[Footnote 121: King and Fitzroy, _Voyages of the "Adventure" and
-"Beagle,"_ ii. 180.]
-
-[Footnote 122: Lang, _Making of Religion_, pp. 188, 198. The same
-description of the Fuegian black man is repeated by M. Hoffmann
-(_op. cit._ p. 40).]
-
-[Footnote 123: Bridges, quoted by Hyades and Deniker, _Mission
-scientifique du Cap Horn_, vii. 256.]
-
-The South African Bushmans, another very backward people, are
-likewise represented by Mr. Lang and M. Hoffmann as believers in
-a supreme being.[124] A native said to Mr. Orpen that Cagn made
-all things, and that the people prayed to him:--"O Cagn! O Cagn!
-are we not your children, do you not see our hunger? Give us
-food." And he gave them what they asked for both hands full. But
-although he was at first very good and nice, he afterwards "got
-spoilt through fighting so many things."[125] However, according
-to another statement, made by a person who from childhood had
-much intercourse with Bushmans and knew their language, they did
-not believe in a God or the great father of men, but in a devil
-who made everything with his left hand.[126] The Hottentots spoke
-of Tsui-goab as "the giver of all blessings, the Father on high,
-All-father, the {683} avenger, who fought daily the battle for
-his people." They thus identified him with the ancestor of the
-tribe, but Tsui-goab was also the name by which they called the
-Infinite.[127] Among the pagans of Africa there is, in fact, a
-very widespread belief in a benevolent supreme deity, a creator
-or maker of things, who lives in or above the sky, who generally
-takes no concern whatever in the affairs of mankind, who mostly
-receives no worship, and is, as a rule, totally indifferent to
-good or evil.[128] In some rare instances only he is described as
-a judge of human conduct. Thus some of the Bechuanas believe that
-a being who is vaguely called by the name of Lord and Master of
-things, Mongalinto, punishes thieves by striking them with the
-lightning.[129] According to an old writer, Father Santos, the
-natives of Sofala in South-Eastern Africa acknowledge a god,
-called Molungo, "who both in this and the world to come they
-fancy measures retribution for the good and evil done in this."
-They believe in the existence of twenty-seven paradises, where
-everyone enjoys a pleasure proportionate to the merits of his
-life; while those who have passed their lives in wickedness are
-supposed to be condemned to a privation from the sight of the
-holy presence of Molungo, and to suffer torments in one of the
-thirteen hells they assume to exist, each according to the evil
-he has done.[130] The Baluba, a Bantu people of Equatorial
-Africa, have the notion of a creator, named Fidi-Mukullu, who
-punishes the souls of the wicked before they are reborn on earth,
-whereas the good return to life again, in the shape of chiefs or
-other important persons, immediately after they have died.[131]
-The Awemba, {684} another Bantu people, who inhabit the stretch
-of country lying between Lake Tanganyika and Lake Bangweolo,
-acknowledge a supreme being, Leza, who "is the Judge of the dead,
-and condemns thieves, adulterers and murderers to the state of
-Vibanda, or Viwa (evil spirits), exalting the good to the rank of
-_mipashi_, or benevolent spirits."[132] Other natives in the
-neighbourhood of Lake Tanganyika recognise a creator called
-Kabesa, who lives in the sky and admits to his abode the souls of
-good people after death, but turns away the souls of the
-wicked.[133] The Akikuyu of British East Africa recognise three
-gods all of whom are called Ngai. One of them, however, is
-considered the supreme deity. "If a man is good this Ngai can
-give him much property. If he does wrong the same power can
-strike him down with disease and cause his livestock to dwindle
-away. . . . The sudden death of a man, for instance by lightning,
-is ascribed to some evil act of his life being punished by
-Ngai."[134] Proyart tells us that the Negroes of Loango believed
-in a supreme being, Zambi, who had created all that is good in
-the world, who was himself good and loved justice in others, and
-who severely punished fraud and perjury.[135] It is of course
-impossible to say exactly how far the statements referring to
-African supreme beings represent unadulterated native beliefs. In
-criticising Kolb's account of the supreme and perfect god of the
-Hottentots, Bishop Callaway observes, "Nothing is more easy than
-to enquire of heathen savages the character of their creed, and
-during the conversation to impart to them . . . ideas which they
-never heard before, and presently to have these come back again
-as articles of their own original faith, when in reality they are
-but the echoes of one's own thoughts."[136] With reference to the
-West African native Miss Kingsley likewise remarks that he has a
-wonderful power of assimilating foreign forms of belief, and that
-when he once has got hold of a new idea it remains in his mind
-long after the missionaries who put it there have passed
-away.[137] And besides the teaching of missionaries there are in
-Africa several factors which for centuries have tended to
-introduce foreign conceptions, namely, intercourse with European
-settlers, the operations of the slave trade, and the influence of
-Muhammedanism.[138] But at the same {685} time it seems
-exceedingly probable that the African belief in a supreme being
-has a native substratum. In many cases he is apparently the
-heaven god;[139] but he may also be a mythical ancestor, as the
-Hottentot god Tsui-goab and the Zulu god Unkulunkulu; or a
-personification of the supernatural, as is suggested by such
-names as the Masai Ng[)a]i, the Monbuttu Kilima, and the Malagasy
-Andriamanitra;[140] or the assumed cause of anything which
-particularly fills the savage mind with wonder or awe. Among the
-natives of Northern Guinea, according to Mr. Wilson, "every thing
-which transpires in the natural world beyond the power of man, or
-of spirits, who are supposed to occupy a place somewhat higher
-than man, is at once and spontaneously ascribed to the agency of
-God."[141] Nay, for reasons which will be stated immediately, I
-am even of opinion that the function of a moral judge,
-occasionally attributed to the great god of African pagans, has
-in some instances an independent origin.
-
-[Footnote 124: Lang, _Making of Religion_, p. 210. Hoffmann, _op.
-cit._ p. 40 _sq._]
-
-[Footnote 125: Orpen, 'Glimpse into the Mythology of the Maluti
-Bushmen,' in _The Cape Monthly Magazine_, N.S. ix. 2.]
-
-[Footnote 126: Campbell, _Second Journey in the Interior of South
-Africa_, i. 29.]
-
-[Footnote 127: Hahn, _The Supreme Being of the Khoi-Khoi_,
-pp. 122, 126 _sq._]
-
-[Footnote 128: Livingstone, _Missionary Travels_, p. 641 (tribes
-of the Zambesi). Rattray, _Stories and Songs in Chinyanja_,
-p. 198 (natives of Central Angoniland). Stigand, 'Natives of
-Nyassaland,' in _Jour. Roy. Anthr. Inst._ xxxvii. 130. Roscoe,
-'Bahima,' _ibid._ xxxvii. 108 _sq._ Wilson and Felkin, _Uganda_,
-i. 206. Beltrame, _Il Fiume Bianco e i Dénka_, pp. 191, 192, 276
-_sq._ Kingsley, 'Fetish View of the Human Soul,' in _Folk-Lore_,
-viii. 142 _sq._; _Idem_, _Travels in West Africa_, pp. 442, 508.
-Parkinson, 'Asaba People of the Niger,' in _Jour. Anthr. Inst._
-xxxvi. 312. Bosman, _Description of the Coast of Guinea_, pp. 121
-_sq._ (Gold Coast natives), 348 (Slave Coast natives).
-Cruickshank, _Eighteen Years on the Gold Coast_, ii. 126 _sq._
-Ellis, _Tshi-speaking Peoples of the Gold Coast_, p. 26 _sqq._
-_Idem_, _E[(w]e-speaking Peoples of the Slave Coast_, p. 33 _sq._
-Winterbottom, _Native Africans in the Neighbourhood of Sierra
-Leone_, i. 222. Wilson, _Western Africa_, p. 209 (natives of
-Northern Guinea). Rowley, _Religion of the Africans_, pp. 15, 16,
-54. Tylor, _op. cit._ ii. 347 _sqq._ Lang, _Making of Religion_,
-p. 230 _sqq._ Hoffmann, _op. cit._ p. 45 _sqq._]
-
-[Footnote 129: Arbousset and Daumas, _Exploratory Tour to the
-North-East of the Colony of Good Hope_, p. 322 _sq._]
-
-[Footnote 130: Santos, 'History of Eastern Ethiopia,' in
-Pinkerton, _Collection of Voyages and Travels_, xvi.
-687.]
-
-[Footnote 131: Wissmann, Wolf, &c., _Im Innern Afrikas_, p. 158.
-Wissmann, _Quer durch Afrika_, p. 379.]
-
-[Footnote 132: Sheane, 'Awemba Religion,' in _Jour. Anthr. Inst._
-xxxvi. 150 _sq._ ]
-
-[Footnote 133: Schneider, _Die Religion der afrikanischen
-Naturvölker_, p. 84.]
-
-[Footnote 134: Tate, 'Kikuyu Tribe,' in _Jour. Anthr. Inst._
-xxxiv. 263.]
-
-[Footnote 135: Proyart, 'History of Loango,' in Pinkerton,
-_Collection of Voyages and Travels_, xvi. 594.]
-
-[Footnote 136: Callaway, _Religious System of the Amazulu_,
-p. 105 _sq._]
-
-[Footnote 137: Kingsley, in _Folk-Lore_, viii. 150.]
-
-[Footnote 138: _Cf._ Rowley, _Religion of the Africans_, pp. 28,
-90; Wilson, _Western Africa_, p. 229 _sq._; Cruickshank, _op.
-cit._ ii. 126.]
-
-[Footnote 139: See Tylor, _op. cit._ ii. 347 _sqq._]
-
-[Footnote 140: See _supra_, ii. 586 _sq._]
-
-[Footnote 141: Wilson, _op. cit._ p. 209. See also Livingstone,
-_Expedition to the Zambesi_, p. 521 _sq._, quoted _supra_, ii. 594.]
-
-Generally speaking, then, it seems that the All-father, supreme
-being, or high god of savage belief may be traced to several
-different sources. When not a "loan-god" of foreign extraction,
-he may be a mythical ancestor or headman; or a deification of the
-sky or some large and remote object of nature, like the sun; or a
-personification or personified cause of the mysteries or forces
-of nature. The argument that the belief in such a being is
-"irreducible" because it prevails among savages who worship
-neither ancestors nor nature,[142] can carry no weight in
-consideration of the fact that he himself, as a general rule, is
-no object of worship. In various instances we have reason to
-suppose that even though the notion of a supreme being is
-fundamentally of native origin, foreign conceptions have been
-engrafted upon it; and to these belongs in particular the idea of
-a heavenly judge who in the after-life punishes the wicked and
-rewards the good. But we are not entitled to assume that the idea
-of moral retribution as a function of the great god has in every
-case been adopted {686} from people of a higher culture. A
-mythical ancestor or headman may of his own accord approve of
-virtue and disapprove of vice; and, besides, justice readily
-becomes the attribute of a god who is habitually appealed to in
-curses or oaths. That the supreme being of savages is thus
-invoked, is in some cases directly stated by our authorities. In
-making solemn treatises, the Hurons called on Oki, the heaven
-god.[143] The Negroes of Loango, who believed that Zambi, the
-supreme being, punished fraud and perjury, took his name in
-testimony of the truth.[144] Among the Awemba the supreme god
-Leza, who is believed to reward the good and to punish thieves,
-adulterers, and murderers, is invoked both in blessings and
-curses, the injured man praying that Leza will send a lion to
-devour the evildoer.[145] In the E[(w]e-speaking Ho tribe on the
-Slave Coast the great god Mawu, who is said to inflict punishment
-on the wicked, is frequently appealed to in law-cases, by the
-judge as well as by the plaintiff and the accused.[146] In
-Northern Guinea the name of the supreme being is solemnly called
-on three times at the ratification of an important treaty, or
-when a person is condemned to undergo the "red-water
-ordeal."[147] Of the Mpongwe we are told that "when a covenant is
-about to be formed among the different tribes, Mwetyi [the
-supreme being] is always invoked as a witness, and is
-commissioned with the duty of visiting vengeance upon the party
-who shall violate the engagement. Without this their national
-treaties would have little or no force. When a law is passed
-which the people wish to be especially binding, they invoke the
-vengeance of Mwetyi upon every transgressor, and this, as a
-general thing, is ample guarantee for its observance."[148] Among
-the East African Wakamba, when the supposed criminal is to
-undergo the ordeal of the hatchet, a magician makes him repeat
-the following words:--"If I have stolen the property of so and
-so, or committed this crime, let {687} Mulungu respond for me;
-but if I have not stolen, nor done this wickedness, may he save
-me." The magician then passes the red-hot iron four times over
-the flat hand of the accused; and the people believe that if he
-is guilty, his hand will be burned, but that, if innocent, he
-will suffer no injury.[149] Among the Masai a person who is
-accused of cattle-lifting and on that account subjected to the
-ordeal of drinking a mixture of blood and milk, has first to
-swear, "O God, I drink this blood, if I have stolen the cattle
-this blood will kill me." Should he not die within a fortnight he
-is considered innocent.[150] The Madi of Central Africa have
-various means of trial by ordeal, through which it is believed
-that the guilt of a suspected individual can be detected; and
-"before any of these trials the men look up and solemnly invoke
-some invisible being to punish him if guilty, or help him if
-innocent."[151] Of the natives of the Zambesi, all of whom have
-an idea of a supreme being, Livingstone states that, when
-undergoing an ordeal, "they hold up their hands to the Ruler of
-Heaven, as if appealing to him to assert their innocence."[152]
-
-[Footnote 142: Lang, _Magic and Religion_, p. 42. Hoffmann, _op.
-cit._ pp. 122, 126, 131.]
-
-[Footnote 143: Tylor, _op. cit._ ii. 342.]
-
-[Footnote 144: Proyart, _loc. cit._ p. 594.]
-
-[Footnote 145: Sheane, in _Jour. Anthr. Inst._ xxxvi. 151.]
-
-[Footnote 146: Spieth, _Die E[(w]e-Stämme_, p. 415.]
-
-[Footnote 147: Wilson, _Western Africa_, p. 210.]
-
-[Footnote 148: _Ibid._ p. 392.]
-
-[Footnote 149: Krapf, _Travels in Eastern Africa_, p. 173.]
-
-[Footnote 150: Marker, _Die Masai_, p. 211.]
-
-[Footnote 151: Felkin, 'Notes on the Madi,' in _Proceed. Roy.
-Soc. Edinburgh_, xii. 334.]
-
-[Footnote 152: Livingstone, _Missionary Travels_, p. 641 _sq._]
-
-It has often been said that the oath and ordeal involve a belief
-in the gods as vindicators of truth and justice, that they are
-"appeals to the moral nature of the Divinity."[153] If this were
-true, moral retribution would certainly be an exceedingly common
-function of savage gods. But, as we have noticed before,[154] the
-efficacy ascribed to an oath is originally of a magic character,
-and if it contains an appeal to a god he is, according to
-primitive notions, a mere tool in the hand of the person invoking
-him. So also the ordeal is essentially a magical ceremony. In
-many cases at least, it contains a curse or an oath which has
-reference to the guilt or innocence of a suspected person, and
-the {688} proper object of the ordeal is then to give reality to
-the imprecation for the purpose of establishing the validity or
-invalidity of the suspicion.
-
-[Footnote 153: Tiele, _Elements of the Science of Religion_, i.
-86. Réville, _Les religions des peuples non-civilisés_, i. 103.
-Brinton, _Religions of Primitive Peoples_, p. 225. Schneider,
-_Religion der afrikanischen Naturvölker_, p. 255. Hodgson,
-_Miscellaneous Essays_, i. 126. Dahn, _Bausteine_, ii. 21, 24.
-Gummere, _Germanic Origins_, p. 183.]
-
-[Footnote 154: _Supra_, ii. 118 _sqq._]
-
-Thus in West Africa the common ordeal which consists in drinking
-a certain draught or "eating the fetish" is regularly accompanied
-by an oath or a curse.[155] In the Calabar the accused person,
-before swallowing the ju-ju drink _mbiam_, which is made of filth
-and blood, recites an oath beginning with the words, "If I have
-been guilty of this crime," and ending with the words, "Then,
-Mbiam, Thou deal with me!" And whenever this ordeal is used the
-greatest care is taken that the oath shall be recited in
-full.[156] Of the Negroes of the Gold Coast Bosman states that
-"if any person is suspected of thievery, and the indictment is
-not clearly made out, he is obliged to clear himself by drinking
-the oath-draught, and to use the imprecation, that the Fetiche
-may kill him if he be guilty of thievery."[157] In Ashantee,
-"when any one denies a theft, an aggry bead is placed in a small
-vessel, with some water, the person holding it puts his right
-foot against the right foot of the accused, who invokes the power
-of the bead to kill him if he is guilty, and then takes it into
-his mouth with a little of the water."[158] Among the Negroes of
-Northern Guinea, in the case of the "red-water ordeal," the
-accused "invokes the name of God three times, and imprecates his
-wrath in case he is guilty of the particular crime laid to his
-charge." He then steps forward and drinks freely of the "red
-water"--that is, a decoction made from the inner bark of a tree
-of the mimosa family. If it nauseates and makes him vomit freely,
-he is at once pronounced innocent, whereas, if it causes vertigo
-and he loses self-control, it is regarded as evidence of
-guilt.[159] According to an old account, the Negroes of Sierra
-Leone have a "water of cursing," boiled of barks and herbs. The
-witch-doctor puts his divining-staff into the pot and drops or
-presses the water out of it upon the arm or leg of the suspected
-person, muttering over it these words:--"Is he guilty of this, or
-hath he done this or that; if yea, then let it scald or burn him,
-till the very skin come off." If the person remains unhurt they
-hold him innocent, and proceed to {689} the trial of another,
-till the guilty is discovered.[160] Among the Wadshagga of
-Eastern Africa the medicine-man gives to the accused a poisonous
-draught with the words, "If you fall down, you have committed the
-crime and told a lie, if you remain standing we recognise that
-you have spoken the truth."[161]
-
-[Footnote 155: See, besides the references below, Monrad,
-_Skildring af Guinea-Kysten_, p. 35 _sq._ (Negroes of Accra);
-Beecham, _Ashantee_, p. 215 _sqq._; Ratzel, _op. cit._ iii. 130.]
-
-[Footnote 156: Kingsley, _Travels in West Africa_, p. 465.]
-
-[Footnote 157: Bosman, _op. cit._ p. 125.]
-
-[Footnote 158: Bowdich, _Mission to Ashantee_, p. 267.]
-
-[Footnote 159: Wilson, _Western Africa_, p. 225 _sq._]
-
-[Footnote 160: Dapper, _Africa_, p. 405.]
-
-[Footnote 161: Volkens, _Der Kilimandscharo_, p. 249.]
-
-Among the Hawaiians, in the ordeal called _wai haalulu_, "prayer
-was offered by the priest" while a large dish of water was placed
-before the culprit, who was required to hold his hands over the
-fluid; and if it shook, his fate was sealed.[162] Among the
-Tinguianes in the district of El Abra in Luzon, if a man is
-accused of a crime and denies it, the headman of the village, who
-is also the judge, causes a handful of straw to be burned in his
-presence. The accused then holds up an earthern pot and says,
-"May my belly be changed to a pot like this if I am guilty of the
-crime of which I am accused." If he remains unchanged in body,
-the judge declares him innocent.[163] The following ordeal is in
-use among the Tunguses of Siberia. A fire is made and a scaffold
-erected near the hut of the accused. A dog's throat is then cut
-and the blood received in a vessel. The body is put on the wood
-of the fire, but in such a position that it does not burn. The
-accused passes over the fire, and drinks two mouthfuls of the
-blood, the rest whereof is thrown into the fire; and the body of
-the dog is placed on the scaffold. Then the accused says:--"As
-the dog's blood burns in the fire, so may what I have drunk burn
-in my body; and as the dog put on the scaffold will be consumed,
-so may I be consumed at the same time if I be guilty."[164]
-
-[Footnote 162: Jarves, _History of the Hawaiian Islands_, p. 20.]
-
-[Footnote 163: Lala, _Philippine Islands_, p. 100.]
-
-[Footnote 164: Hartland, _Legend of Perseus_, ii. 85 _sq._]
-
-The "trial of jealousy" mentioned in the Old Testament involved a
-curse pronounced by the priest to the effect that the holy water
-which the woman suspected of adultery had to drink should cause
-her belly to swell and her thigh to rot.[165] In India the ordeal
-was expressly regarded as a form of the oath, the same word,
-_[s.]apatha_, being used to denote both.[166] We have seen above
-that in the Middle Ages every judicial combat was necessarily
-preceded by an oath, which essentially decided the issue of the
-fight and the question of guilt.[167] So also at the moment when
-the hot iron was raised and the accused took {690} it into his
-hand, the Deity was invoked to manifest the truth.[168] The
-ordeal of the Eucharist involved the following formula recited by
-the victim:--"Et si aliter est quam dixi et juravi, tunc hoc
-Domini nostri Jesu Christi corpus non pertranseat gutur meum, sed
-hæreat in faucibus meis, strangulet me suffocet me ac interficiat
-me statim in momento."[169]
-
-[Footnote 165: _Numbers_, v. 20 _sqq._]
-
-[Footnote 166: Jolly, 'Beiträge zur indischen Rechtsgeschichte,'
-in _Zeitschr. d. Deutschen Morgenländischen Gesellsch._ xliv.
-346. Oldenberg, _Die Religion des Veda_, p. 510, n. 1. See also
-Patetta, _Le ordalie_, p. 14.]
-
-[Footnote 167: _Supra_, i. 505.]
-
-[Footnote 168: Beames, in his _Translation of Glanville_, p. 351
-_sq._]
-
-[Footnote 169: Dahn, _op. cit._ ii. 16.]
-
-To the list of ordeals which contain an oath or a curse as their
-governing element many other instances might probably be added in
-which no imprecation has been expressly mentioned by our
-authorities in their short descriptions of the ceremonies. This
-is all the more likely to be the case as magical practices often
-imply imprecations which are not formally expressed.[170] But
-there may also be ordeals which have a different origin. Thus the
-custom of swimming witches seems to have arisen from the notion
-that everything unholy is repelled by water and unable to sink
-into its depths;[171] and the ordeal of touching the corpse of a
-murdered person no doubt originated in the belief that the soul
-of such a person lingered about the body until appeased by the
-shedding of the murderer's blood and that "by the murderer's
-approach, and especially by his polluted touch, the soul was
-excited to an instant manifestation of its indignation, by
-appearing in the form in which it was supposed to subsist, viz.
-in that of blood."[172] However, even though all ordeals have not
-the same foundation, it seems highly improbable that any people,
-in the first instance, resorted to this method of discovering
-innocence and guilt from a belief in a god who is by his nature a
-guardian of truth and justice.
-
-[Footnote 170: See, for instance, Westermarck, '_L-[(]âr_, or
-the Transference of Conditional Curses in Morocco,' in
-_Anthropological Essays presented to E. B. Tylor_, p. 361 _sqq._]
-
-[Footnote 171: Binsfeldius, _Tractatus de confessionibus
-maleficorum et sagarum_, p. 315. In the North-East of Scotland it
-was believed that, if a person committed suicide by drowning, the
-body did not sink, but floated on the surface (Gregor, _Folk-Lore
-of the North-East of Scotland_, p. 208).]
-
-[Footnote 172: Pitcairn, _Criminal Trials in Scotland_, iii. 187.]
-
-Nor must we make any inference as to the moral character of gods
-from the mere prevalence of a belief in {691} a future world
-where men are in some way or other punished or rewarded for their
-conduct during their life. Such a belief is said to be fairly
-common among uncivilised races;[173] and, although in several
-cases it is undoubtedly due to Christian or other foreign
-influence,[174] I agree with Dr. Steinmetz that we are not
-entitled to {692} assume that it is so in all.[175] It seems that
-the savage mind may by itself, in various ways, come to the idea
-of some kind of moral retribution after death. First, the
-condition of the dead man is often supposed to depend upon the
-attentions bestowed on him by the survivors. Mr. Turner was told
-that, in the belief of the St. Augustine Islanders in Polynesia,
-the souls of the departed "if good" went to a land of brightness
-and clear weather in the heavens, but "if bad" were sent to mud
-and darkness; and the answer to his next question informed him
-that in this case "goodness" meant that the friends of the
-deceased had given him a good funeral feast, and that "badness"
-meant that his stingy friends had provided nothing at all.[176]
-Although Mr. Turner sees no moral distinction in these terms,
-there may be one nevertheless. Speaking of the Efatese, in the
-New Hebrides, Mr. Macdonald observes:--"A man's condition in the
-future would be, to some extent, happy or miserable according to
-his life here. Supposing he were a worthless fellow, very scanty
-worship would be rendered to him at his death and few animals
-slain to accompany him to the spirit world; and thus he would
-occupy an inferior position there corresponding to his social
-worthlessness here. This belief," our informant adds, "has
-undoubtedly great influence in making men strive to live so as to
-obtain the good opinion of their fellows, and leave an honourable
-memory behind them at death."[177] The Bushmans, who maintain
-that the dead will ultimately go to a land abounding in excellent
-food, put a spear by the side of a departed friend in order that,
-when he arises, he may have something to defend himself with and
-procure a living; but, if they hate the person, they deposit no
-spear, so that on his resurrection he may either be murdered or
-starved.[178] The dead may also have to suffer from the curses of
-those whom they injured while alive. At Motlav, in the {693}
-Banks Islands, relatives "watch the grave of a man whose life was
-bad, lest some man wronged by him should come at night and beat
-with a stone upon the grave, cursing him."[179] At Gaua, in the
-same group, "when a great man died his friends would not make it
-known, lest those whom he had oppressed should come and spit at
-him after his death, or _govgov_ him, stand bickering at him with
-crooked fingers and drawing in the lips, by way of curse."[180]
-The Maoris were careful to prevent the bones of their dead
-relatives from falling into the hands of their enemies, "who
-would dreadfully desecrate and ill-use them, with many bitter
-jeers and curses."[181] A person may, moreover, himself during
-his lifetime directly provide for his comfort in the life to
-come, and if the act by which he does so is apt to call forth
-approval its result is easily interpreted as its reward. Thus the
-Kukis of India believe that all enemies whom a person has killed
-will in his future abode be in attendance on him as slaves;[182]
-and this belief probably accounts for their opinion that nothing
-more certainly ensures future happiness than destroying a number
-of enemies.[183] We have further to notice the common idea that a
-person's character after his death remains more or less as it was
-during his life. Hence the souls of bad people are supposed to
-reappear in the shape of obnoxious animals[184] or become evil
-spirits,[185] and this may lead to the notion that they have to
-do so as a punishment for their wickedness.[186] And as the
-revengeful feelings of men likewise are believed to last beyond
-death, offenders may in the {694} other world have to suffer from
-the hands of those whom they injured in this.[187] Some of the
-Nagas of Central India maintain that "a murdered man's soul
-receives that of his murderer in the spirit world and makes him
-his slave."[188] The Chippewas think that in the land of the dead
-"the souls of bad men are haunted by the phantoms of the persons
-or things they have injured."[189] In Aurora, in the New
-Hebrides, the belief prevails that the ghosts of those whom a man
-has wronged in this world take a full revenge upon him after
-death.[190] According to the Banks Islanders, if a person has
-killed a good man without cause, the good man's ghost withstands
-his murderer, when the latter after death wants to enter into
-Panoi, the good place; but if one man has killed another in fair
-fight he will not be withstood by the person whom he slew.[191]
-And not only the offended party but the other dead as well may,
-from dislike or fear, be anxious to refuse the souls of bad
-people admittance to their company. In the belief of the
-Pentecost Islanders, when the soul of a murdered man comes to the
-land of ghosts with the instrument of death upon him, he tells
-who killed him, and when the murderer arrives the ghostly people
-will not receive him, but he has to stay apart with other
-murderers.[192] The Iroquois allot separate villages even to the
-souls of those who have died in war and of those who have
-committed suicide, because the other dead are afraid of their
-presence.[193] Among the Negroes of Northern Guinea, according to
-Mr. Wilson, "the only idea of a future state of retribution is
-implied in the use of a separate burial-place for those who have
-died 'by the red-water ordeal' or who have been guilty of grossly
-wicked deeds";[194] and if a person's body is buried apart, his
-soul will naturally remain equally isolated.[195] That the
-frequent idea of the bad being separated {695} from the good
-after death is largely due to the assumed unwillingness of the
-latter to associate with dangerous or disreputable souls, seems
-probable from the fact that, in the beliefs of the lower races,
-paradise generally plays a much more prominent part than hell,
-the lot of the wicked being to suffer want rather than to be
-subjected to torments.[196] But, finally, it must also be
-remembered that the other world is a creation of men's fancy, and
-may therefore be formed in accordance with their hopes and
-wishes. Beyond the gloom of death they imagine a paradise where
-life is much happier than here on earth.[197] Why, then, might
-not their moral feelings, only too often ungratified in the
-reality of the present, occasionally seek satisfaction in the
-dreams of the future?
-
-[Footnote 173: Thomson, _Savage Island_, p. 94. Percy Smith,
-'Futuna,' in _Jour. Polynesian Soc._ i. 39. Seemann, _Viti_,
-p. 400; Williams and Calvert, _Fiji_, p. 208. Codrington,
-_Melanesians_, p. 274 _sq._ (Banks' Islanders). Inglis, _New
-Hebrides_, p. 31; Turner, _Samoa_, p. 326 (people of Aneiteum).
-Campbell, _A Year in the New Hebrides_, p. 169 (people of Tana).
-Schwaner, _Borneo_, i. 183 (natives of the Barito district).
-Selenka, _op. cit._ pp. 88, 94, 112 (Dyaks). von Brenner, _op.
-cit._ p. 240 (Bataks of Sumatra), de Mas, _Informe sobre el
-estado de las Islas Filipinas_, 'Orijen, &c.' p. 14. Best,
-'Prehistoric Civilisation in the Philippines,' in _Jour.
-Polynesian Soc._ i. 200 (Tagalo-Bisaya tribes). Worcester,
-_Philippine Islands_, p. 110 (Tagbanuas of Palawan). Smeaton,
-_Loyal Karens of Burma_, p. 186 _sq._ Anderson, _Mandalay to
-Momien_, p. 146 (Kakhyens). Lewin, _Wild Races of South-Eastern
-India_, p. 243 _sq._ (Pankhos and Bunjogees). Hunter, _Rural
-Bengal_, i. 210 (Santals). Macrae, 'Account of the Kookies,' in
-_Asiatick Researches_, vii. 195; Butler, _Travels in Assam_,
-p. 88 (Kukis). Stewart, 'Notes on Northern Cachar,' in _Jour.
-Asiatic Soc. Bengal_, xxiv. 620 (Old Kukis), 632 (Nagas).
-Macpherson, _Memorials of Service in India_, p. 92 _sqq._
-(Kandhs). Thurston, 'Todas of the Nilgiris,' in the Madras
-Government Museum's _Bulletin_, i. 166 _sq._ Breeks, _Tribes and
-Monuments of the N[=i]lagiris_, p. 28 (Todas and Badagas).
-Radloff, _op. cit._ p. 11 _sq._ (Turkish tribes of the Altai).
-Georgi, _Russia_, i. 106 (Chuvashes). Cranz, _History of
-Greenland_, i. 186. Hall, _Arctic Researches among the
-Esquimaux_, p. 571 _sq._ Lyon, _Private Journal_, p. 372 _sqq._
-(Eskimo of Igloolik). Boas, 'Central Eskimo,' in _Ann. Rep. Bur.
-Ethn._ vi. 590. Nelson, 'Eskimo about Bering Strait,' _ibid._
-xviii. 423. Douglas, quoted by Petroff, _Report on Alaska_,
-p. 177 (Thlinkets). Harrison, 'Religion and Family among the
-Haidas,' in _Jour. Anthr. Inst._ xxi. 17 _sqq._ Duncan, quoted by
-Mayne, _Four Years in British Columbia_, p. 293 _sq._ (Coast
-Indians of British Columbia). Mackenzie, _Voyages to the Frozen
-and Pacific Oceans_, p. cxix. (Chippewyans). Morgan, _League of
-the Iroquois_, p. 168 _sqq._ Harmon, _Journal of Voyages in the
-Interior of North America_, p. 364 _sq._ (Indians on the East
-side of the Rocky Mountains). Keating, _op. cit._ i. 110 _sq._
-(Potawatomis); ii. 158 _sq._ (Chippewas). Say, quoted by Dorsey,
-'Siouan Cults,' in _Ann. Rep. Bur. Ethn._ xi. 422 (Kansas).
-Stevenson, 'Sia,' _ibid._ xi. 145 _sq._ Bartram, in _Trans.
-American Ethn. Soc._ iii. pt. i. 27 (Creek and Cherokee Indians).
-Powers, _Tribes of California_, pp. 34, 58, 59, 91, 110, 144,
-155, 161. Buchanan, _North American Indians_, p. 235 _sqq._;
-Heriot, _Travels through the Canadas_, pp. 362, 536; Catlin,
-_North American Indians_, i. 156, and ii. 243; Domenech, _Great
-Deserts of North America_, ii. 380 (various Indian tribes of
-North America), von Martius, _Beiträge zur Ethnographie
-Amerika's_, i. 247 (Guatós). von den Steinen, _Unter den
-Naturvölkern Zentral-Brasiliens_, p. 435 (Paressi). de Azara,
-_Voyages dans l'Amérique méridionale_, ii. 138 (Payaguás).
-Bosman, _op. cit._ p. 424 (people of Benin). Wilson, _Western
-Africa_, p. 217 (Negroes of Northern Guinea). Reade, _Savage
-Africa_, p. 539 (Ibos). Mungo Park, _Travels in the Interior of
-Africa_, p. 250 (Mandingoes). Tylor, _op. cit._ ii. 83 _sqq._
-Marillier, _La survivance de l'âme et l'idée de justice chez les
-peuples non civilisés_, p. 33 _sqq._ Steinmetz, _Ethnologische
-Studien zur ersten Entwicklung der Strafe_, ii. 368 _sqq._]
-
-[Footnote 174: _Cf._ Tylor, _op. cit._ ii. 84, 91 _sqq._;
-Marillier, _loc. cit._ p. 32 _sq._]
-
-[Footnote 175: Steinmetz, _Studien_, ii. 366 _sqq._ _Idem_,
-'Continuität oder Lohn und Strafe im Jenseits der Wilden,' in
-_Archiv f. Anthropologie_, xxiv. 577 _sqq._]
-
-[Footnote 176: Turner, _Samoa_, p. 292 _sq._]
-
-[Footnote 177: Macdonald, _Oceania_, p. 209.]
-
-[Footnote 178: Campbell, _Second Journey in the Interior of South
-Africa_, i. 29.]
-
-[Footnote 179: Codrington, _op. cit._ p. 269.]
-
-[Footnote 180: _Ibid._ p. 269.]
-
-[Footnote 181: Colenso, _Maori Races_, p. 28.]
-
-[Footnote 182: Dalton, _Ethnology of Bengal_, p. 46.]
-
-[Footnote 183: Macrae, 'Account of the Kookies,' in _Asiatick
-Researches_, vii. 195.]
-
-[Footnote 184: Hill and Thornton, _Aborigines of New South
-Wales_, p. 4. Ratzel, _op. cit._ i. 317 (Solomon Islanders).
-Junghuhn, _Die Battaländer auf Sumatra_, ii. 338 (natives of Bali
-and Lombok). Cross, quoted by Mac Mahon, _Far Cathay and Farther
-India_, p. 203 (Karens). Waitz, _Anthropologie der Naturvölker_,
-ii. 419 (Maravi). Southey, _History of Brazil_, iii. 392
-(Guaycurus). Powers, _Tribes of California_, pp. 144 (Tatu), 155
-(Kato Pomo).]
-
-[Footnote 185: Bailey, 'Wild Tribes of the Veddahs,' in _Trans.
-Ethn. Soc._ N.S. ii. 302, n. [double dagger] (Sinhalese), von den
-Steinen, _Unter den Naturvölkern Zentral-Brasiliens_, p. 349
-(Bakaïri).]
-
-[Footnote 186: See Steinmetz, _Studien_, ii. 376; _Idem_, in
-_Archiv für Anthropologie_, xxiv. 603 _sq._]
-
-[Footnote 187: _Cf._ Marillier, _loc. cit._ p. 44 _sq._]
-
-[Footnote 188: Fytche, _Burma_, i. 354.]
-
-[Footnote 189: Keating, _op. cit._ ii. 158 _sq._]
-
-[Footnote 190: Codrington, _op. cit._ p. 279 _sq._]
-
-[Footnote 191: _Ibid._ p. 274.]
-
-[Footnote 192: _Ibid._ p. 288.]
-
-[Footnote 193: Brebeuf, 'Relation de ce qui s'est passé dans le
-pays des Hurons,' in _Relations des Jésuites_, 1636, p. 104 _sq._
-Hewitt, 'The Iroquoian Concept of the Soul,' in _Jour. of
-American Folk-Lore_, viii. 109.]
-
-[Footnote 194: Wilson, _Western Africa_, p. 210.]
-
-[Footnote 195: See _supra_, ii. 236 _sqq._]
-
-[Footnote 196: This is especially the case among the Indians of
-North America (_cf._ Brinton, _Myths of the New World_, p. 242
-_sq._; Dorman, _op. cit._ p. 33; Steinmetz, in _Archiv f.
-Anthrop._ xxiv. 591). See also Codrington, _op. cit._ p. 274
-_sq._ (Banks' Islanders).]
-
-[Footnote 197: Dove, 'Aborigines of Tasmania.' in _Tasmanian
-Jour. Natural Science_, i. 253. Polack, _Manners and Customs (of
-the New Zealanders_, i. 254; Dieffenbach, _Travels in New
-Zealand_, ii. 118. Percy Smith, 'Futuna,' in _Jour. Polynesian
-Soc._ i. 39. Batchelor, _Ainu of Japan_, p. 225. Steller, _op.
-cit._ p. 269 (Kamchadales). Cranz, _op. cit._ i. 186
-(Greenlanders). Robertson, _History of America_, ii. 202.
-Arbousset and Daumas, _op. cit._ p. 343 (Bechuanas).]
-
-The belief in a moral retribution after death may thus originate
-in various ways, quite independently of any notion of a god who
-acts as a judge of human conduct. When such a belief is said to
-prevail among a savage people it is by no means the rule that the
-rewards or punishments are associated with the activity of a
-divine being. And when, as is sometimes the case, the fate of the
-dead is supposed to depend upon the will of a high god, the
-notions held about the other world, and especially about the
-place reserved for the wicked, in several instances suggest
-influence from a more advanced religion. But on the other hand it
-is not an idea which seems incompatible with genuine savage
-thought that, in cases where the souls of men are believed to go
-to live with gods, the latter select their companions and, like
-the human inhabitants of the other world, refuse admittance to
-undesirable individuals.
-
-Religious ideas have no doubt already at the savage {696} stage
-begun to influence the moral consciousness even in points which
-have no direct bearing upon the personal interests of gods; but
-this influence is not known to have been so great as it has often
-been represented to be. I can find no solid foundation for the
-statements made by recent writers, that "the historical beginning
-of all morality is to be found in religion";[198] that even in
-the earliest period of human history "religion and morality are
-necessary correlates of each other";[199] that "all moral
-commandments originally have the character of religious
-commandments";[200] that in ancient society "all morality--as
-morality was then understood--was consecrated and enforced by
-religious motives and sanctions";[201] that the clan-god was the
-guardian of the tribal morality.[202] From various facts stated
-in this and earlier chapters I have been led to the conclusion
-that among uncivilised races the moral ideas relating to men's
-conduct towards one another have been much more influenced by the
-belief in magic forces which may be utilised by man, than by the
-belief in the free activity of gods.
-
-[Footnote 198: Pfleiderer, _Philosophy and Development of
-Religion_, iv. 230.]
-
-[Footnote 199: Caird, _Evolution of Religion_, i. 237.]
-
-[Footnote 200: Wundt, _Ethik_, p. 99.]
-
-[Footnote 201: Robertson Smith, _Religion of the Semites_, p.
-267. _Cf._ _ibid._ p. 53.]
-
-[Footnote 202: Jevons, _Introduction to the History of Religion_,
-pp. 112. 177.]
-
-
-
-
-CHAPTER LI
-
-GODS AS GUARDIANS OF MORALITY (_continued_)
-
-
-FROM the gods of savage races we shall now pass to consider the
-attitudes of more civilised gods towards matters of worldly
-morality.
-
-The deities of ancient Mexico were generally clothed with terror,
-and delighted in vengeance and human sacrifices. But there was
-also the god Quetzalcoatl, generous of gifts, mild and gentle,
-and so averse from such sacrifices that he shut his ears with
-both hands when they were mentioned.[1] The god Tezcatlipoca,
-again, was looked upon as the austere guardian of law and morals;
-but, as Sir E. B. Tylor observes, the remarkable Aztec formulas
-collected by Sahagun, in which this deity is so prominent a
-figure, show traces of Christian admixture in their material, as
-well as of Christian influence in their style.[2] It seems that
-the Mexicans had reached no fixed or systematic conclusions as to
-the relation of the moral to the religious life.[3] They held
-that departed souls attained different degrees of felicity or of
-wretchedness according to their different modes of death.
-Warriors who died on the battle-field or in the hands of the
-enemy's priests, and merchants who died on their journey, went to
-the house of the sun; those who were killed by lightning, who
-were drowned, {698} or who died from some incurable disease went
-to a terrestrial paradise; and those who died of old age or any
-ordinary disease went to a land of darkness and desolation, where
-they after a time sunk in a sleep which knew no waking.[4]
-
-[Footnote 1: Brinton, _Myths of the New World_, p. 294 _sq._
-Bancroft, _Native Races of the Pacific States_, iii. 259.]
-
-[Footnote 2: Tylor, _Primitive Culture_, ii. 344.]
-
-[Footnote 3: Réville, _Hibbert Lectures on the Native Religions
-of Mexico and Peru_, p. 104 _sq._]
-
-[Footnote 4: Bancroft, _op. cit._ iii. 532 _sqq._ Clavigero,
-_History of Mexico_, i. 242 _sq._]
-
-Among the ancient Peruvians morality obtained a religious
-sanction through the divinity ascribed to their rulers. "They
-considered every mere order of the king to be a divine decree,"
-says Garcilasso de la Vega; "how much more would they venerate
-the special laws instituted for the common good. They said that
-the sun had ordered these laws to be made, and had revealed them
-to his child the Ynca; and hence a man who broke them was held to
-be guilty of sacrilege."[5] According to the beliefs of the
-higher classes the Incas were after death transported to the
-mansion of the Sun, their father, where they still lived together
-as his family. The nobles would either follow them there or would
-live beneath the earth under the sceptre of Supay, the god of the
-dead. There was no idea of positive suffering inflicted on the
-wicked under his direction, but the subterranean abode was gloomy
-and dismal. Exceptional considerations of birth, rank, or valour
-in war determined the passage of chosen souls to heaven, where
-their lot would be far happier than that of the souls who
-remained in the regions below. The common people, on the other
-hand, thought of the future life as a continuation, pure and
-simple, of the present existence.[6]
-
-[Footnote 5: Garcilasso de la Vega, _Royal Commentaries of the
-Yncas_, i. 148.]
-
-[Footnote 6: Réville, _op. cit._ p. 236 _sqq._]
-
-The great gods of ancient Egypt were mostly conceived as friendly
-beings.[7] Amon Râ, "the king of the gods," was, in his character
-of the sun god, the creator, preserver, and supporter of all
-living things. He it is who makes pasture for the herds and fruit
-trees for men, on his account the Nile comes and mankind lives.
-He is verily {699} of kindly heart: "when men call to him he
-delivers the fearful from the insolent." He is "the vizier of the
-poor, who takes no bribes," and who does not corrupt witnesses;
-and to him officials pray for promotion.[8] Thoth, the moon god,
-was also the god of all wisdom and learning, who gave men "speech
-and writing," who discovered the written characters, and by his
-arithmetic enabled gods and men to keep account of their
-possessions.[9] Osiris ruled over the whole of Egypt as king, and
-instructed its inhabitants in all that was good--in agriculture
-as well as in the true religion--and gave them laws.[10] After a
-long and blessed reign, however, he fell a prey to the
-machinations of his brother Set, and, having been slain, was
-constrained to descend into the Underworld, where he evermore
-lived and reigned as judge and king of the dead. But the wicked
-god Set was also an object of worship; for he was strong and
-mighty, a terror to gods and men, and kings were anxious to
-secure his favour.[11] We have noticed above that certain
-Egyptian gods were believed to be guardians of truth;[12] and
-closely connected with this function was their love of justice.
-Thoth, who was called to witness by him who wished to give
-assurance of his honesty and good faith,[13] was styled "the
-judge in heaven";[14] while his wife Ma[=a], or Maat, was the
-goddess of both truth and justice, and her priests were the
-supreme judges.[15] But it seems that the Egyptian gods after all
-chiefly took notice of such acts as concerned their own
-wellbeing. {700} This is true even of Osiris, "the great god, the
-lord of justice,"[16] in whose presence the judgment of the dead
-was given which decided upon their admission into his kingdom. In
-thousands upon thousands of funerary inscriptions we read words
-like these:--"May a royal offering be given to Osiris, that he
-may grant all manner of good things, food and drink to the soul
-of the deceased."[17] And whilst the living paid him his dues in
-sacrifices repeated from year to year at regular intervals, the
-dead were not allowed to receive directly the sepulchral meals or
-offerings of kindred on feast-days, but all that was addressed to
-them must first pass through the hands of the god.[18] In the
-"Negative Confession," which the worshippers of Osiris taught to
-their dead, great importance was attached to religious offences,
-such as to snare the birds of the gods, to catch the fish in
-their lakes, to injure the herds in the temple domains, to
-diminish the food in the temples, to revile the god. At the same
-time the list of offences which excluded the dead from Osiris'
-kingdom contained very many of a social character--murder,
-oppression, stealing, robbing minors, fraud, lying, slander,
-reviling, adultery.[19] But the meaning of this seems to have
-been not so much that the god was animated by a righteous desire
-to punish the wicked and reward the good, as, rather, that he did
-not like to have any rascals among his vassals. As to the fate of
-the non-justified dead very little is said, and the punishment
-devised for them seems to have been a comparatively modern
-invention.[20] Nay, the virtuous dead themselves depended for
-their welfare  {701} upon their knowledge of magic words and
-formulas, upon amulets laid in their tombs, and upon the
-offerings made to them by their kindred. Ignorant souls, or those
-ill prepared for the struggle, were overcome by hunger and
-thirst, were attacked by demons and poisonous animals in
-traversing the regions of the Underworld, and, when in Osiris'
-kingdom, had to work and till the land and earn their own living
-if the offerings ceased.[21] The Book of the Dead is itself
-essentially a collection of spells intended to secure to the dead
-victory over evil demons and protection from the gods; and the
-"Negative Confession" is a later addition, which shows that
-originally the conduct of earthly life was not considered at
-all.[22] So also in the book of Am Dûat the whole doctrine of a
-future life is based upon a belief in the power of magic, with
-the single exception that nobody can look forward to possessing
-fields in Dûat who in life has been an enemy of the god Râ.[23]
-
-[Footnote 7: On Egyptian gods as guardians of morality see,
-generally, Gardiner, 'Egyptian Ethics and Morality,' in Hastings,
-_Encyclopædia of Religion and Ethics_, v. 479 _sq._]
-
-[Footnote 8: Erman, _Handbook of Egyptian Religion_, pp. 58-60,
-83. Wiedemann, _Religion of the Ancient Egyptians_, p. 114.]
-
-[Footnote 9: Erman, _op. cit._ p. 11. Maspero, _Dawn of
-Civilization_, p. 220.]
-
-[Footnote 10: Erman, _op. cit._ p. 32. _Idem_, _Life in Ancient
-Egypt_, p. 270. Maspero, _op. cit._ p. 174. Plutarch, _De Iside
-et Osiride_, 13. Diodorus Siculus, _Bibliotheca historica_, i.
-14, 15, 25. Kaibel, _Epigrammata Græca_, p. xxi.]
-
-[Footnote 11: It is probable that Set originally was the divine
-protector of the kings of Upper Egypt, while Osiris' son Horus,
-who defeated him, was the protector of the kings of Lower Egypt
-(Erman, _Egyptian Religion_, p. 19 _sq._).]
-
-[Footnote 12: _Supra_, ii. 115.]
-
-[Footnote 13: _Supra_, ii. 121.]
-
-[Footnote 14: Erman, _Egyptian Religion_, p. 11.]
-
-[Footnote 15: _Supra_, ii. 115. Wiedemann, _op. cit._ p. 142.
-Amélineau, _L'évolution des idées morales dans l'Égypte
-ancienne_, pp. 182, 187. Erman, _Egyptian Religion_, p. 21.]
-
-[Footnote 16: Erman, _Egyptian Religion_, p. 101.]
-
-[Footnote 17: Wiedemann, _op. cit._ p. 217.]
-
-[Footnote 18: Maspero, _op. cit._ p. 117.]
-
-[Footnote 19: Erman, _Egyptian Religion_, p. 103 _sqq._]
-
-[Footnote 20: Wiedemann, _op. cit._ p. 95 _sq._ _Idem_, _Egyptian
-Doctrine of the Immortality of the Soul_, p. 55. Erman, _Egyptian
-Religion_, p. 105. In the Pyramid texts we read that, if among
-the deceased there is one of whom it can be said, "There is no
-evil which he hath done," the saying penetrates to the sun god,
-and he receives him kindly in heaven. The deceased also profits
-with regard to his reception there if he has never spoken evil of
-the king nor slighted the gods. But, as a rule, it is rather
-bodily cleanliness which the gods demand of their new companion
-in heaven, and they themselves help to purify him (Erman, p. 94).]
-
-[Footnote 21: Erman, _Life in Ancient Egypt_, p. 315 _sqq._
-_Idem_, _Egyptian Religion_, p. 99 _sq._ Maspero, _op. cit._ p.
-185 _sq._ _Idem_, _Études de mythologie et d'archéologie
-égyptiennes_, i. 347. Wiedemann, _Religion of the Ancient
-Egyptians_, pp. 279, 296. _Idem_, _Egyptian Doctrine of the
-Immortality of the Soul_, p. 60 _sq._]
-
-[Footnote 22: Maspero, _Études_, i. 348. Amélineau, _op. cit._ p.
-243. Renouf, in _Book of the Dead_, p. 220. Erman, _Egyptian
-Religion_, p. 101.]
-
-[Footnote 23: Wiedemann, _Religion of the Ancient Egyptians_, p.
-94 _sq._ Maspero, _Études_, ii. 163.]
-
-The religion of the Chaldeans was a religion of dread. Everywhere
-they felt themselves surrounded by hostile demons; feared above
-all were the seven evil spirits, who were everywhere and yet
-invisible, who slipped through bolts and doorposts and sockets,
-and who had power even to bewitch the gods.[24] In their
-incessant warfare against these fiends men were assisted by the
-more propitious among the deities: by Marduk, the "merciful" god,
-the god of the youthful sun of spring and early morning;[25]
-{702} by Ea, the "good" god, the god of the waters of the deep
-and the source of wisdom;[26] by Gibil-Nusku, the lord of fire,
-who put to flight the demons of night when the fire was kindled
-on the household hearth, and who in the flame carried to the
-other gods the sacrifices offered them;[27] as also by the
-tutelary deities of each individual, household, and city.[28] The
-gods were on the whole favourably disposed towards man. But they
-helped only those who piously observed the prescribed rites, who
-recited the conventional prayers and offered them sacrifices; on
-such persons they bestowed a happy old age and a numerous
-posterity. On the other hand, he who did not fear his god would
-be cut down like a reed; and by neglecting the slightest
-ceremonial detail the king excited the anger of the deities
-against himself and his subjects.[29] During the whole of their
-lives the Chaldeans were haunted by the dread of offending their
-gods, and they continually implored pardon for their sins.[30]
-But the sinner became conscious of his guilt only as a conclusion
-drawn from the fact that he was suffering from some misfortune,
-which he interpreted as a punishment sent by an offended god. It
-mattered little what had called forth the wrath of the god or
-whether the deity was acting in accordance with just ideas;[31]
-and in none of the penitential psalms known to us is there any
-indication that the notion of sin comprised offences against
-fellow men. It is true that in the incantation series 'Shurpu'
-not only offences against gods and ceremonial transgressions, but
-a large number of wrongs of a social character, are included in
-the list of possible causes of the suffering which the
-incantation is intended to remove. On behalf of the afflicted
-individual the exorciser asks:--"Has he sinned against a god, Is
-his {703} guilt against a goddess, Is it a wrongful deed against
-his master, Hatred towards his elder brother, Has he despised
-father or mother, Insulted his elder sister, Has he given too
-little,[32] Has he withheld too much, For 'no' said 'yes,' For
-'yes' said 'no'? . . . Has he fixed a false boundary, Not fixed a
-just boundary, Has he removed a boundary, a limit, or a
-territory, Has he possessed himself of his neighbour's house, Has
-he approached his neighbour's wife, Has he shed the blood of his
-neighbour, Robbed his neighbour's dress?" and so forth.[33] But I
-fail to see any legitimate ground for the conclusion which
-Schrader and Zimmern have drawn from these passages, to wit, that
-the gods were believed to be angry with persons guilty of any of
-the offences enumerated.[34] It seems to me quite obvious that
-the evils which were hypothetically associated with injuries
-inflicted upon fellow men were ascribed, not to the avenging
-activity of a god, but to the curses of the injured party. The
-gods are expressly invoked to relieve the unhappy individual from
-the curses under which he is suffering, whether he has been
-cursed by his father, mother, elder brother, elder sister,
-friend, master, king, or god, or has approached an accursed
-person, or slept in such a person's bed, or sat on his chair, or
-eaten from his dish or drunk from his cup.[35] In these
-incantations there is no plea for forgiveness; the possible
-causes for the suffering are enumerated simply because the
-mention of the real cause is supposed to go a long way towards
-expelling the evil.[36] Some of the gods, however, are invoked as
-judges. This is frequently the case with Shamash, the sun god,
-"the supreme judge of heaven and earth," who, seated on a throne
-in the chamber of judgment, receives the supplications of
-men.[37] Of the moon god Sin it is said in a hymn {704} dedicated
-to him that his "word produces truth and justice, so that men
-speak the truth."[38] And the lord of fire is addressed as a
-judge, who burns the evildoers and annihilates the bad,[39] and
-is exhorted by the conjurer to help him to his right;[40] but
-this probably means little more than the invocation, "Eat my
-enemies, destroy those who have done harm to me."[41] Of a moral
-retribution after death there is no trace in the Chaldean
-religion. Those who have obtained the goodwill of the gods
-receive their reward in this world, by a life of happiness and of
-good health, but the moment that death ensues the control of the
-gods comes to an end. All mankind, kings and subjects, virtuous
-and wicked, go to Aralû, the gloomy subterranean realm presided
-over by Allatu and her consort Nergal, where the dead are doomed
-to everlasting sojourn or imprisonment in a state of joyless
-inactivity. A kind of judgment is spoken of, but nothing
-indicates that it is based on moral considerations.[42] According
-to the Gilgamesh epic, however, the fortunes awaiting those who
-die are not all alike. Those who fall in battle seem to enjoy
-special privileges, provided that they are properly buried and
-there is someone to make them comfortable in their last hour and
-to look after them when dead. But he whose corpse remains in the
-field has no rest in the earth, and he whose spirit is not cared
-for by any one is consumed by gnawing hunger.[43]
-
-[Footnote 24: Jastrow, _Religion of Babylonia and Assyria_, p.
-260 _sqq._ Smith, _Chaldean Account of Genesis_, pp. 87, 88, 106
-_sq._ _Idem_, _Chaldäische Genesis_, edited by Delitzsch, pp. 83,
-306 _sq._]
-
-[Footnote 25: Mürdter-Delitzsch, _Geschichte Babyloniens und
-Assyriens_, p. 31. Sayce, _Hibbert Lectures on the Religion of
-the Ancient Babylonians_, p. 98. King, _Babylonian Magic and
-Sorcery_, p. 52 _sqq._ Jensen, _Die Kosmologie der Babylonier_,
-pp. 87, 88, 249 _sq._ Schrader-Zimmern, _Die Keilinschriften und
-das Alte Testament_, p. 372 _sq._]
-
-[Footnote 26: Hommel, _Die semitischen Völker und Sprachen_, i.
-374 _sqq._ Mürdter-Delitzsch, _op. cit._ p. 27. Sayce, _op. cit._
-pp. 131, 140.]
-
-[Footnote 27: Tallqvist, 'Die assyrische Beschwörungsserie
-Maqlû,' in _Acta Soc. Scient. Fennicæ_, xx. 25, 28 _sq._]
-
-[Footnote 28: Mürdter-Delitzsch, _op. cit._ p. 37 _sq._ Maspero,
-_Dawn of Civilization_, pp. 643, 674, 682 _sq._]
-
-[Footnote 29: Jeremias, _Die babylonisch-assyrischen
-Vorstellungen vom Leben nach dem Tode_, p. 46 _sq._ Maspero,
-_Dawn of Civilization_, pp. 697, 705.]
-
-[Footnote 30: See Zimmern, _Babylonische Busspsalmen_, _passim_.]
-
-[Footnote 31: _Cf._ Jastrow, _op. cit._ p. 313 _sqq._]
-
-[Footnote 32: In mercantile transactions (Jastrow, _op. cit._
-p. 291, n. 2).]
-
-[Footnote 33: Zimmern, _Beiträge zur Kenntnis der babylonischen
-Religion_, 'Die Beschwörungstafeln [vS]urpu,' p. 3 _sqq._]
-
-[Footnote 34: _Idem_, in Schrader, _Die Keilinschriften und das
-Alte Testament_, p. 612.]
-
-[Footnote 35: Zimmern, _Die Beschwörungstafeln [vS]urpu_, ii. 89-93,
-99-104, pp. 7, 23.]
-
-[Footnote 36: See Jastrow, _op. cit._ p. 292.]
-
-[Footnote 37: Tallqvist, _Maqlû_, ii. 94. Zimmern, _[vS]urpu_, ii.
-130, p. 9. _Idem_, _Babylonische Hymnen und Gebete_, p. 13.
-Mürdter-Delitzsch, _op. cit._ p. 28. Schrader-Zimmern, _op.
-cit._ p. 368. Jastrow, _op. cit._ pp. 71, 120, 209 _sqq._]
-
-[Footnote 38: Zimmern, _Babylonische Hymnen und Gebete_, p. 12.]
-
-[Footnote 39: Tallqvist, _Maqlû_, i. 95; ii. 70, 89, 116, 130,
-131, 184.]
-
-[Footnote 40: _Ibid._ i. 114.]
-
-[Footnote 41: _Ibid._ i. 116; ii. 120.]
-
-[Footnote 42: Jeremias, _op. cit._ _passim_. Schrader-Zimmern,
-_op. cit._ p. 636 _sq._ Jastrow, _op. cit._ p. 565 _sqq._ Jensen,
-_op. cit._ p. 217 _sqq._]
-
-[Footnote 43: Haupt, 'Die zwölfte Tafel des babylonischen
-Nimrod-Epos,' in _Beiträge zur Assyriologie_, i. 69 _sq._ Jensen,
-'Das Gilgamí[vs] (Nimrod)-Epos,' xii. 6, in _Assyrisch-Babylonische
-Mythen und Epen_, p. 265.]
-
-In a still higher degree than the Chaldean religion
-Zoroastrianism represents an incessant struggle against evil
-spirits. Here everything in heaven and on earth is engaged in the
-conflict; it is a war between two mighty sovereigns, Ahura Mazda
-and Angra Mainyu, and their respective forces.[44] Whatever works
-for the good of man comes from {705} and strives for Ahura Mazda,
-whatever works for the harm of man comes from and strives for
-Angra Mainyu. There can be no doubt that the powers of goodness
-will absolutely triumph in the end; but though Angra Mainyu and
-his band have been defeated, the battle is still raging. Ahura
-Mazda, being the originator of everything good in the world, is
-also the founder of the order of the universe, "the creator of
-the righteous order."[45] In the Vendîdâd he is asked about the
-rules of life, and he is pleased to answer;[46] M. Darmesteter
-observes that the Avesta and the Pentateuch are the only two
-religious books known in which legislation descends from the
-heavens to the earth in a series of conversations between the
-lawgiver and his god.[47] The sacred law of Zoroastrianism
-enjoins charity[48] and industry,[49] it condemns the murder of a
-believer,[50] abortion,[51] theft,[52] non-payment of debts,[53]
-and, with special emphasis, falsehood and breach of faith,[54]
-and unnatural intercourse.[55] But the "good thoughts, words, and
-deeds" most urgently insisted upon are orthodoxy, prayer, and
-sacrifice; whilst the greatest sins are apostasy, transgressions
-of the rules of ceremonial cleanliness, and offences against
-sacred beings. It is less criminal to kill a man than to serve
-bad food to a shepherd's dog; for the manslayer gets off with
-ninety stripes, whereas the bad master will receive two
-hundred.[56] And the killing of a water dog is punished with ten
-thousand stripes.[57] Offenders will be liable to penalties not
-only here below, but in the next world as well, where Ahura
-Mazda, "the discerning arbiter,"[58] establishes "evil for the
-evil, and happy blessings for the good."[59] The views accepted
-in regard to the future life, {706} whilst incomplete in the
-Gathas, are expanded in the Younger Avesta, and fully given in
-the Pahlavi books.[60] The man who has lived for Ahura Mazda will
-have a seat near him in heaven, and there he remains undecaying
-and immortal, unalarmed and undistressed, full of glory and
-delight; whereas the wicked soul will be tormented in the
-darkness of hell, "the dwelling of the demons."[61] The good
-deeds of the virtuous and the bad deeds of the wicked, in the
-form of maidens, come to meet them on their roads to paradise or
-hell.[62] But the fate of the dead is not merely influenced by
-their conduct towards their fellow men while alive. It is said
-that "he who wishes to seize the heavenly reward, will seize it
-by giving gifts to him who holds up the Law."[63] And the soul of
-him who recites the prayer Ahuna Vairya in the manner prescribed
-crosses over the bridge which separates this world from the next,
-and reaches the highest paradise.[64]
-
-[Footnote 44: According to the _Vendîdâd_ (i. 3 _sqq._) Angra
-Mainyu constantly countercreated the creations of Ahura Mazda.
-But this idea is not yet to be found in the Gathas, where the
-wickedness of Ako Mainyu is only represented as an attempt to
-destroy the good creation (see Lehmann, _Zarathustra_, ii. 75, 165).]
-
-[Footnote 45: _Yasna_, xxxi. 7. Darmesteter, _Ormazd et Ahriman_,
-pp. 19, 24, 88, &c.]
-
-[Footnote 46: _Vendîdâd_, xviii. 13 _sqq._]
-
-[Footnote 47: Darmesteter, in _Sacred Books of the East_, iv.
-(2nd edit.) p. lviii.]
-
-[Footnote 48: _Supra_, i. 551.]
-
-[Footnote 49: _Supra_, ii. 275.]
-
-[Footnote 50: _Vendîdâd_, iii. 41; v. 14.]
-
-[Footnote 51: _Ibid._ xv. 9 _sqq._]
-
-[Footnote 52: _Supra_, ii. 60. _Yasna_, xi. 3.]
-
-[Footnote 53: _Vendîdâd_, iv. 1.]
-
-[Footnote 54: _Supra_, ii. 93.]
-
-[Footnote 55: _Supra_, ii. 479 _sq._]
-
-[Footnote 56: _Vendîdâd_, iv. 40; xiii. 24; xv. 3.]
-
-[Footnote 57: _Ibid._ xiv. 1 _sq._]
-
-[Footnote 58: _Yasna_, xxix. 4.]
-
-[Footnote 59: _Ibid._ xliii. 5.]
-
-[Footnote 60: _Cf._ Jackson, _Avesta Grammar_, i. p. xxviii.]
-
-[Footnote 61: _Vendîdâd_, xix. 28 _sqq._ _Yasts_, xxii.
-_Bundahis_, ch. xxx. _Dînâ-î Maînôg-î Khirad_ ii. 123 _sqq._ ch.
-vii. _Ardâ Vîrâf_, ch. xvii. _Cf._ Geiger, _Civilization of the
-Eastern Ir[=a]nians_, i. 101.]
-
-[Footnote 62: _Dînâ-î Maînôg-î Khirad_, ii. 125, 167 _sqq._]
-
-[Footnote 63: _Yasts_, xxiv. 30.]
-
-[Footnote 64: Geiger, _op. cit._ i. 73. See also _Yasts_, xii.
-335; xxiv. 39, 47 _sq._; Darmesteter, _Ormazd et Ahriman_, p. 28.]
-
-In Vedic religion we likewise meet with a conflict between gods
-and demons, but the struggle is too unequal to result in anything
-like the Zoroastrian dualism.[65] Various misfortunes are
-attributed to the ill-will of evil spirits, but their power is
-comparatively slight, and the greater demons, like V[r.]tra,
-are represented as defeated or destroyed by the gods.[66] On the
-other hand there is among the great gods themselves one who has a
-distinctly malevolent character, namely Rudra, a god of
-storm,[67] "terrible like a wild beast";[68] but though the hymns
-{707} addressed to him chiefly express fear of his dreadful
-shafts and deprecations of his wrath, he is also sometimes
-supplicated to confer blessings upon man and beast.[69] With this
-exception the great gods are all beneficent beings,[70] though of
-course liable to punish those who offend them. Varuna has
-established heaven and earth,[71] has made the celestial bodies
-to shine[72] and the rivers to flow.[73] He rules over nature by
-laws which are fixed and immutable, and which must be followed by
-the gods themselves.[74] He sees and knows everything, because he
-is the infinite light and the sun is his eye;[75] and in
-connection with Mithra he is said to dispel and punish
-falsehood.[76] Varuna has even been represented as "the supreme
-moral ruler," but it seems to me that scholars have generally
-credited him with a somewhat more comprehensive sense of justice
-than the hymns imply.[77] Every hymn to Varuna contains a prayer
-for forgiveness, but there is no indication that the sins which
-excite his wrath include ordinary moral wrongdoing. That sin and
-moral guilt are not identical conceptions in the Rig-Veda is
-fairly obvious from the fact that forgiveness of sin is also
-sought from Indra,[78] whose favour is only won by those who
-contribute to his wellbeing or who destroy persons neglectful of
-his worship.[79] The Vedic religion is pre-emiently ritualistic.
-The pious man _par préférence_ is he who makes the _soma_ flow in
-abundance and whose hands are always full of butter, the
-reprobate man is he who is penurious towards the gods;[80] and
-just like the other gods, {708} Varuna visits with disease those
-who neglect him,[81] and is appeased by sacrifices and
-prayers.[82] After death the souls of those who have practised
-rigorous penance,[83] of those who have risked their lives in
-battle,[84] and above all of those who have bestowed liberal
-sacrificial gifts,[85] go with the smoke arising from the funeral
-pile to the heavenly world, where the Fathers dwell with
-Yama--the first man who died[86]--and Varuna, the two kings who
-reign in bliss.[87] There they enjoy an endless felicity among
-the gods, clothed in glorious bodies and drinking the celestial
-_soma_, which renders them immortal.[88] Yet there are different
-degrees of happiness in this heavenly mansion. The performance of
-rites in honour of the manes causes the souls to ascend from a
-lower to a higher state; indeed, if no such offerings are made
-they do not go to heaven at all.[89] Another source of happiness
-for the dead is their own pious conduct during their lifetime;
-for in the abode of bliss they are united with what they have
-sacrificed and given, especially reaping the reward of their
-gifts to priests.[90] Unworthy souls, on the other hand, are kept
-out of this abode by Yama's dogs, which guard the road to his
-kingdom.[91] As to the destiny in store for those who are not
-admitted to heaven, the hymns have little to tell. Zimmer and
-others erroneously argue that a race who believe in future
-rewards for the good must logically believe in future punishments
-for the wicked.[92] So far as I can see, all the traces of such a
-belief which are to be found in the Vedic literature are requests
-made to gods, {709} or simply curses, to the effect that
-evil-doers may be thrown into deep and dismal pits under the
-earth.[93] They do not imply that gods of their own accord punish
-wicked people after death.
-
-[Footnote 65: _Cf._ Barth, _Religions of India_, p. 13.]
-
-[Footnote 66: Oldenberg, _Die Religion des Veda_, p. 281.
-Macdonell, _Vedic Mythology_, p. 18.]
-
-[Footnote 67: Muir, _Original Sanskrit Texts_, v. 147. Barth,
-_op. cit._ p. 14. Macdonell, _op. cit._ p. 77.]
-
-[Footnote 68: Oldenberg, _op. cit._ pp. 63, 281, 284. Macdonell,
-_op. cit._ p. 18. Bergaigne, _La religion védique_, iii. 152 _sqq._]
-
-[Footnote 69: Macdonell, _op. cit._ p. 75 _sq._]
-
-[Footnote 70: Oldenberg, _op. cit._ pp. 60, 281. Macdonell, _op.
-cit._ p. 18.]
-
-[Footnote 71: _Rig-Veda_, viii. 42. 1.]
-
-[Footnote 72: _Ibid._ i. 24. 10; vii. 87. 5.]
-
-[Footnote 73: _Ibid._ ii. 28. 4.]
-
-[Footnote 74: _Ibid._ viii. 41. 7. Macdonell, _op. cit._ p. 26.
-Bohnenberger, _Der altindische Gott Varu[n.]a_, p. 38 _sqq._]
-
-[Footnote 75: _Supra_, ii. 598. Darmesteter, _Essais orientaux_,
-p. 126.]
-
-[Footnote 76: Macdonell, _op. cit._ p. 26.]
-
-[Footnote 77: Macdonell, _op. cit._ pp. 20, 26. Whitney, 'On the
-main Results of the later Vedic Researches in Germany,' in _Jour.
-American Oriental Soc._ iii. 326. Roth, 'On the Morality of the
-Veda,' _ibid._ iii. 340 _sq._ Bergaigne, _op. cit._ iii. 156.
-Darmesteter, _Essais orientaux_, p. 111. Bohnenberger, _op. cit._
-p. 49 _sqq._]
-
-[Footnote 78: Oldenberg, _op. cit._ p. 299.]
-
-[Footnote 79: _Ibid._ pp. 282, 283, 300.]
-
-[Footnote 80: _Rig-Veda_, viii. 31. See Barth, _op. cit._ p. 34;
-Kaegi, _Rigveda_, p. 29; Muir, _op. cit._ v. 20; Macdonell, _op.
-cit._ p. 18.]
-
-[Footnote 81: _Rig-Veda_, i. 122. 9.]
-
-[Footnote 82: _Ibid._ i. 24. 14.]
-
-[Footnote 83: _Ibid._ x. 154. 2.]
-
-[Footnote 84: _Ibid._ x. 154. 3.]
-
-[Footnote 85: _Ibid._ i. 125. 5 _sq._; x. 107. 2; x. 154. 3.
-Muir, _op. cit._ v. 285. Oldenberg, _op. cit._ p. 536. Macdonell,
-_op. cit._ p. 167.]
-
-[Footnote 86: Muir, _op. cit._ v. 301.]
-
-[Footnote 87: _Rig-Veda_, x. 14. 7 _sq._ Barth, _op. cit._ p. 22
-_sq._ Macdonell, _op. cit._ p. 165 _sqq._]
-
-[Footnote 88: Zimmer, _Altindisches Leben_, p. 410 _sqq._ Barth,
-_op. cit._ p. 23. Macdonell, _op. cit._ p. 167 _sq._]
-
-[Footnote 89: Hopkins, _Religions of India_, p. 155. Oldenberg,
-_op. cit._ p. 535.]
-
-[Footnote 90: _Rig-Veda_, x. 14. 8; x. 154. 3. Oldenberg, _op.
-cit._ p. 535. Macdonell, _op. cit._ p. 168.]
-
-[Footnote 91: _Rig-Veda_, x. 14. 10 _sqq._ _Cf._ Zimmer, _op.
-cit._ p. 421; Hopkins, _op. cit._ p. 147.]
-
-[Footnote 92: Zimmer, _op. cit._ p. 418. Scherman, _Indische
-Visionslitteratur_, p. 123. _Idem_, 'Eine Art visionärer
-Höllenschilderung aus dem indischen Mittelalter,' in _Romanische
-Forschungen_, v. 569. Oldenberg, _op. cit._ p. 537.]
-
-[Footnote 93: _Rig-Veda_, iv. 5. 5; vii. 104. 3, 11, 17.
-_Atharva-Veda_, v. 19. 3, 12 _sqq._; xii. 4. 3, 36.]
-
-In post-Vedic times ritualism grew more important still.
-Sometimes the gods are represented as beings indifferent to every
-moral distinction, and the most indelicate stories are
-unscrupulously related of them.[94] In the Taittirîya Samhitâ of
-the Yajur Veda we are told that if anybody wishes to injure
-another, he need only say to Sûrya, one of the most important
-among the solar deities,[95] "Smite such a one, and I will give
-you an offering," and Sûrya, to get the offering, will smite
-him.[96] Çiva, who is connected with the Vedic god Rudra, is in
-the Mahabharata clothed in terrible "forms," being armed with the
-trident and wearing a necklace of skulls; he exacts a bloody
-cultus, and is the chief of the mischievous spirits and vampires
-that frequent places of execution and burial grounds.[97] Vishnu,
-the other great god of Hinduism, though less fierce than Çiva, is
-nevertheless, on one side of his character, an inexorable
-god;[98] and Krishna, as accepted by Vishnuism, is a crafty hero
-of a singularly doubtful moral character.[99] In Brahmanism
-religion is largely replaced by magic, the rites themselves are
-raised to the rank of divinities, the priests become the gods of
-gods.[100] And the point of view from which these man-gods look
-upon human conduct is expressed in the Satapatha Brâhmana, where
-it is said that fees paid to priests are like sacrifices offered
-to other gods--those who gratify them are placed in a state of
-bliss.[101] Ritual observances are essential for a man's
-wellbeing both in this life and in the life to come, where
-paradise, hell, or transmigration {710} awaits the dead. In the
-Brâhmanas immortality, or at least longevity, is promised to
-those who rightly understand and practise the rites of sacrifice,
-whilst those who are deficient in this respect depart before
-their natural term of life to the next world, where they are
-weighed in a balance and receive good or evil according to their
-deeds.[102] To repeat sacred texts a certain number of times is
-also laid down as a condition of salvation,[103] and the doctrine
-is gradually developed that a single invocation of the divine
-name cancels a whole life of iniquity and crime. Hence the
-importance attached--as early as the Bhagavad Gîtâ--to the last
-thought before death, and the idea of attaining complete
-possession of this thought by an act of suicide.[104] According
-to the Purânas it is sufficient even in the case of the vilest
-criminal, when at the point of death, to pronounce by chance some
-syllables of the names Vishnu or Çiva in order to obtain
-salvation;[105] and in the preface to the Prem Sâgar, which
-displays the religion of the Hindus at the present day, it is
-said that those who even ignorantly sing the praises of the
-greatness of Krishn Chand are rewarded with final beatitude, just
-as a person would acquire eternal life by partaking of the drink
-of immortality though he did not know what he was drinking.[106]
-On the other hand, "according to the Hindu Scriptures, whatever a
-man's life may have been, if he do not die near some holy stream,
-if his body is not burned on its banks, or at any rate near some
-water as a representative of the stream; or where this is
-impracticable, if some portion of his body be not thrown into
-it--his spirit must wander in misery, unable to obtain the bliss
-for which he has done and suffered so much in life."[107] At the
-same time we also find a great variety of social duties {711}
-inculcated in the sacred books of India--humanity even to
-enemies[108] and slaves,[109] filial piety,[110] charity,[111]
-hospitality,[112] veracity;[113] and in the Sûtras the doctrine
-appears that in order to obtain the chief fruit of sacrifice it
-is necessary to practise the moral virtues in addition to the
-rite.[114] But this doctrine is singularly free from any
-reference to the justice of gods. In the Upanishads and
-Buddhistic books it is distinctly formulated in the idea of
-_karma_, according to which each act of the soul, good or bad,
-inevitably and naturally works out its full effect to the sweet
-or bitter end without the intervention of any deity to apportion
-the reward or punishment.[115]
-
-[Footnote 94: Barth, _op. cit._ p. 46 _sq._ Macdonell, _op. cit._
-p. 76.]
-
-[Footnote 95: Barth, _op. cit._ p. 20.]
-
-[Footnote 96: _Taittirîya Samhitâ_, vi. 4 _sqq._, quoted by
-Goblet d'Alviella, _Hibbert Lectures on the Origin and Growth of
-the Conception of God_, p. 85.]
-
-[Footnote 97: Barth, _op. cit._ pp. 159, 164.]
-
-[Footnote 98: _Ibid._ p. 174.]
-
-[Footnote 99: _Ibid._ p. 172.]
-
-[Footnote 100: _Supra_, ii. 657.]
-
-[Footnote 101: _Satapatha Brâhmana_, ii. 2. 2. 6.]
-
-[Footnote 102: Weber, 'Eine Legende des Çatapatha-Brâhma[n.]a
-über die strafende Vergeltung nach dem Tode,' in _Zeitschr. d.
-Deutschen Morgenländischen Gesellsch._ ix. 238 _sq._ See also
-Macdonell, _op. cit._ p. 168; Hopkins, _op. cit._ pp. 190, 193;
-_Vish['n]u Purá['n]a_, p. 44.]
-
-[Footnote 103: _Aitareya Brahmanam_, ii. 17.]
-
-[Footnote 104: _Bhagavad Gîtâ_, ch. 8. Barth, _op. cit._ p. 228.]
-
-[Footnote 105: Barth, _op. cit._ p. 228.]
-
-[Footnote 106: _Prem Ságar_, p. 56. _Cf._ Wilson, in _Vish['n]u
-Purá['n]a_, p. 210, n. 13; _Idem_, 'Religious Sects of the
-Hindus,' in _Asiatic Researches_, xvi. 115.]
-
-[Footnote 107: Wilkins, _Modern Hinduism_, p. 439 _sq._]
-
-[Footnote 108: _Supra_, i. 342.]
-
-[Footnote 109: _Supra_, i. 689.]
-
-[Footnote 110: _Supra_, i. 612.]
-
-[Footnote 111: _Supra_, i. 550 _sq._]
-
-[Footnote 112: _Supra_, i. 578 _sq._]
-
-[Footnote 113: _Supra_, ii. 91.]
-
-[Footnote 114: Barth, _op. cit._ p. 49. See, _e.g._, _Âpastamba_,
-i. 7. 20. 1 _sqq._; i. 8. 23. 6.]
-
-[Footnote 115: Barth, _op. cit._ pp. 77, 78, 115 _sq._ Müller,
-_Anthropological Religion_, p. 301. _Dhammapada_, i. 1 _sq._ Rhys
-Davids, _Hibbert Lectures on the History of Buddhism_, p. 85.
-Oldenberg, _Buddha_, p. 289. Hopkins, _op. cit._ p. 319 _sq._]
-
-Buddha did not base his system on any belief in gods, hence there
-is no place in it for a ritual nor for sin in the sense of
-offending a supernatural being. He that is pure in heart is the
-true priest, not he that knows the Vedas; the Vedas are nothing,
-the priests are of no account, save as they be morally of
-repute.[116] If the genuine Buddhist can be said to worship any
-higher power, it is the moral order which never fails to assert
-itself in the law of cause and effect. But Buddha's followers
-were less metaphysical, and "the clouds returned after the rain."
-The old gods of Brahmanism came back, Buddha himself was deified
-as an omniscient and everlasting god, and Buddhism incorporated
-most of the local deities and demons of those nations it sought
-to convert.[117] From being originally a metaphysical and ethical
-doctrine, it was thus transformed into a religion full of
-ritualism, and, it should be added, profusely mixed with magic.
-In Lamaism, especially, {712} ritual is elevated to the front
-rank of importance; we find there pompous services closely
-resembling those of the Church of Rome, litanies and chants,
-offerings and sacrifice.[118] And the muttering of certain mystic
-formulas and short prayers is alleged to be far more efficacious
-than mere moral virtue as a means of gaining the glorious heaven
-of eternal bliss, the paradise of the fabulous Buddha of
-boundless light.[119] So also in China the teachers of Buddhism
-"were by no means rigorous in enforcing the obligations of men to
-morality. To expiate sins, offerings to the idols and to the
-priests were sufficient. A temple built in honour of F[)o], and
-richly endowed, would suffice to blot out every stain of guilt,
-and serve as a portal to the blessed mansions of Buddha."[120]
-
-[Footnote 116: Hopkins, _op. cit._ p. 319.]
-
-[Footnote 117: Waddell, _Buddhism in Tibet_, pp. 126, 325 _sq._
-Griffis, _Religions of Japan_, pp. 187, 207. Davis, _China_, ii. 51.]
-
-[Footnote 118: Waddell, _op. cit._ 421, 476.]
-
-[Footnote 119: _Ibid._ pp. 142, 148, 573.]
-
-[Footnote 120: Gutzlaff, quoted by Davis, _op. cit._ ii. 51.
-_Cf._ Edkins, _Religion in China_, p. 150.]
-
-In the national religion of China the heaven god, Shang-te, is
-the supreme being, the creator and sovereign ruler of the
-universe, whose power knows no bounds, and whose sight equally
-comprehends the past, the present, and the future, penetrating
-even to the remotest recesses of the heart.[121] He is the author
-and upholder not only of the physical but of the moral order of
-the world, watching over the conduct of men, rewarding the good,
-and punishing the wicked.[122] Sometimes he appears to array
-himself in terrors, as in the case of public calamities and the
-irregularity of the seasons; but these are only salutary warnings
-intended to call men to repentance.[123] The cult which is
-offered Shang-te is frigid and ceremonial. The rules of ceremony
-have their origin in heaven, and the movement of them {713}
-reaches to earth; their abandonment leads to "the ruin of states,
-the destruction of families, and the perishing of individuals."[124]
-The Chinese are inclined to place ritualism on an equality with
-social morality. Confucius himself humbly submitted to the rules
-of ceremony, although he denounced hypocrisy. But to him morality
-was infinitely more important than religion. He altogether
-avoided the personal term God, and made only use of the abstract
-term Heaven. He admitted that spiritual beings exist, and even
-sacrificed to them,[125] but when questioned about matters
-relating to religion he was systematically silent.[126] Religious
-duties occupy a very insignificant place in his system. "To give
-one's self earnestly to the duties due to men, and, while
-respecting spiritual beings, to keep aloof from them, may be
-called wisdom."[127] Prayer is unnecessary because Heaven does
-not actively interfere with the soul of man; it has endowed him
-at his birth with goodness, which, if he will, may become his
-nature, and the reward or punishment is only the natural or
-providential result of his conduct.[128] Of punishments in a
-future life Confucius says nothing, though he maintains that
-there are rewards and dignity for the good after death.[129] The
-belief of the Chinese in _post mortem_ punishments comes from
-Buddhism.[130]
-
-[Footnote 121: Legge, _Notions of the Chinese concerning God_,
-pp. 33, 34, 100 _sq._ _Idem_, _Chinese Classics_, i. 98.
-Staunton, _Inquiry into the proper Mode of rendering the Word
-"God" in translating the Sacred Scriptures into the Chinese
-Language_, p. 8 _sq._ Douglas, _Confucianism and Taouism_,
-pp. 77, 82.]
-
-[Footnote 122: Doolittle, _Social Life of the Chinese_, ii. 272.
-Legge, _Chinese Classics_, i. 98; iii. 46. Smith, _Proverbs of
-the Chinese_, p. 40. Boone, _Essay on the proper rendering of the
-Words Elohim and [Greek: The/os] into the Chinese Language_,
-p. 55. _Indo-Chinese Gleaner_, i. 162. Davis, _op. cit._ ii. 26, 34.
-Douglas, _op. cit._ pp. 77, 78, 83.]
-
-[Footnote 123: Staunton, _op. cit._ p. 9. Legge, _Chinese
-Classics_, iii. 46 _sq._]
-
-[Footnote 124: _Lî Kî_, vii. 4. 5 _sq._]
-
-[Footnote 125: _Lun Yü_, iii. 12. 1; x. 8. 10.]
-
-[Footnote 126: _Ibid._ vii. 20. _Cf._ Réville, _La religion
-chinoise_, p. 326.]
-
-[Footnote 127: _Lun Yü_, vi. 20.]
-
-[Footnote 128: Douglas, _op. cit._ p. 78. Legge, _Religions of
-China_, p. 300. Réville, _op. cit._ p. 645.]
-
-[Footnote 129: Legge, _Religions of China_, pp. 115, 299 _sq._
-Réville, _op. cit._ p. 345.]
-
-[Footnote 130: _Indo-Chinese Gleaner_, iii. 288. Edkins, _op.
-cit._ pp. 83, 87 _sqq._ Smith, _Proverbs of the Chinese_, p. 227.]
-
-The gods of ancient Greece were on the whole beneficent beings,
-who conferred blessings upon those who secured their goodwill.
-Zeus protects the life of the family, city, and nation; he is a
-god of victory and victorious peace, who gathers the hosts
-against Troy, and saves Greece from Persia; he brings the ships
-to land; he is "the warder off of evil."[131] But neither he nor
-the other gods bestow their {714} favours for nothing; Xenophon
-says that they assist with good advice those who worship them
-regularly,[132] but take revenge on those who neglect them.[133]
-They punish severely even offences committed against them
-accidentally,[134] and not infrequently they display actual
-malevolence towards men by seducing them into sin[135] or
-inflicting harm upon them out of sheer envy.[136] In other
-respects, also, they are by no means models of morality; but this
-does not prevent them from acting as administrators of justice
-any more than, among men, a judge is supposed to lose all regard
-for justice because he himself transgresses the rules of morality
-in some particular of private life.[137] "For great crimes," says
-Herodotus, "great punishments at the hands of the gods are in
-store."[138] Dike, or Justice, the terrible virgin "who breathes
-against her enemies a destructive wrath,"[139] is represented
-sometimes as the daughter, sometimes as the companion of the
-all-seeing Zeus;[140] and, as Welcker observes, Zeus was not only
-a god among other gods, but also the deity solely and
-abstractedly.[141] We have noticed above that from ancient times
-the murder of a kinsman was an offence against Zeus and under the
-ban of the Erinyes, and that later on all bloodshed, if the
-victim had any rights at all within the city, became a sin which
-needed purification.[142] Zeus protected guests and
-suppliants,[143] he punished children who reproached their aged
-parents,[144] he was a guardian of the family property,[145] he
-protected boundaries,[146] he was no friend of falsehood,[147] he
-punished perjury.[148] According to earlier beliefs retribution
-was exclusively restricted {715} to this earthly existence, and
-if the guilty person himself escaped the punishment for his deed
-it fell on some of his descendants.[149] The transference of
-Menelaus to the Elysian plain, spoken of in the Odyssey,[150] was
-not a reward for his virtue--indeed, he was not particularly
-conspicuous for any of the Homeric virtues--but a privilege
-resulting from his being married to Zeus' daughter Helena;[151]
-and if the perjurer was tortured in Hades[152] the simple reason
-was that he had called down upon himself such torture in his
-oath.[153] In later times we meet with the doctrine of
-retribution after death, not only in the speculations of isolated
-philosophers, but as a popular belief;[154] but this belief seems
-to have been quite unconnected with any notion of Olympian
-justice.[155] The souls in the world beyond the grave are
-sentenced by special judges;[156] Aeschylus expressly says that
-it is another Zeus that administers justice there.[157] For him
-Hades with the powers by which it is governed exists only as a
-place where the guilty are punished, whereas for the virtuous he
-has no word of true hope;[158] and other writers also have much
-more to tell about future punishments than about future
-rewards.[159] Particularly prominent among the offences which are
-punished in Hades are, besides perjury,[160] injuries to
-parents[161] and guests,[162] that is, offences which in this
-world are visited with the most powerful curses.[163] According
-to Aeschylus, the retribution which the Erinyes--personifications
-of curses--have begun on earth is completed in the nether world,
-and according to Pythagoras unpurified souls are kept chained
-there by the Erinyes without any hope of escape.[164] We are,
-moreover, told that painters used to represent "allegorical
-figures of curses in connection with their {716} images of wicked
-dead.[165] From all these facts I conclude that the notion of
-punishments in Hades did not arise from a belief in the justice
-of gods, but from the idea that the efficacy of a curse may
-extend beyond the grave--an idea which we have already met with
-both in Vedic texts and among certain savages, and of which the
-supposed punishment of perjury in Hades is only a particular
-instance.[166] As for the gods it should be added that the vulgar
-opinion of their character was not shared by all. Euripides
-affirms that the legends about them which tend to confuse human
-ideas as to right and wrong are not literally true.[167] "I
-think," he says, "that none of the gods is bad";[168] "if the
-gods do aught that is base, they are not gods."[169] Plato
-opposes the popular views that the deity induces men to commit
-crimes,[170] that he is capable of feeling envy,[171] and that
-evil-doers may avert divine punishments by sacrifices offered to
-the gods as bribes.[172] God is good, he is never the author of
-evil to any one, and if the wicked are miserable the reason is
-that they require to be punished and are benefited by receiving
-punishment from God.[173] Plutarch likewise asserts in the
-strongest terms that God is perfectly good and least of all
-wanting in justice and love, "the most beautiful of virtues and
-the best befitting the Godhead."[174]
-
-[Footnote 131: Farnell, _Cults of the Greek States_, i. 59-61,
-83, 107. Vischer, _Kleine Schriften_, ii. 352 _sq._ Preller,
-_Griechische Mythologie_, i. 146 _sqq._]
-
-[Footnote 132: Xenophon, _Hipparchicus_, ix. 9. _Idem_,
-_Cyropædia_, i. 6. 46.]
-
-[Footnote 133: _Idem_, _Anabasis_, v. 3. 13; vii. 8. 4.]
-
-[Footnote 134: Nägelsbach, _Die nachhomerische Theologie des
-griechischen Volksglaubens_, p. 331 _sqq._]
-
-[Footnote 135: Schmidt, _Die Ethik der alten Griechen_, i. 231
-_sqq._]
-
-[Footnote 136: _Ibid._ i. 79 _sqq._]
-
-[Footnote 137: _Cf._ Nägelsbach, _Homerische Theologie_, pp. 288,
-317 _sqq._; Schmidt, _op. cit._ i. 48 _sqq._; Maury, _Histoire
-des religions de la Grèce antique_, i. 342; Gladstone, _Studies
-on Homer_, ii. 384.]
-
-[Footnote 138: Herodotus, ii. 120.]
-
-[Footnote 139: Aeschylus, _Choephor[oe]_, 949 _sqq._]
-
-[Footnote 140: _Ibid._ 949. Hesiod, _Opera et dies_, 256 (254).
-Usener, _Götternamen_, p. 197. Farnell, _op. cit._ i. 71,
-Darmesteter, _Essais orientaux_, p. 106 _sq._]
-
-[Footnote 141: Welcker, _Griechische Götterlehre_, i. 181.]
-
-[Footnote 142: _Supra_, i. 379.]
-
-[Footnote 143: _Supra_, i. 579, 585.]
-
-[Footnote 144: _Supra_, i. 624.]
-
-[Footnote 145: _Supra_, ii. 60.]
-
-[Footnote 146: _Supra_, ii. 61.]
-
-[Footnote 147: _Supra_, ii. 116.]
-
-[Footnote 148: _Supra_, ii. 121.]
-
-[Footnote 149: _Supra_, i. 49 _sq._]
-
-[Footnote 150: _Odyssey_, iv. 561 _sqq._]
-
-[Footnote 151: _Cf._ Rohde, _Psyche_, p. 74.]
-
-[Footnote 152: _Iliad_, iii. 278 _sq._; xix. 259 _sq._]
-
-[Footnote 153: _Cf._ Rohde, _op. cit._ p. 60.]
-
-[Footnote 154: Schmidt, _op. cit._ i. 99 _sqq._ Nägelsbach,
-_Nachhomerische Theologie_, p. 35 _sq._]
-
-[Footnote 155: _Cf._ Schmidt, _op. cit._ i. 104.]
-
-[Footnote 156: _Ibid._ i. 101.]
-
-[Footnote 157: Aeschylus, _Supplices_, 230 _sq._]
-
-[Footnote 158: _Cf._ Westcott, _Essays in the History of
-Religious Thought_, p. 87.]
-
-[Footnote 159: Schmidt, _op. cit._ i. 101 _sq._]
-
-[Footnote 160: Aristophanes, _Ranæ_, 150, 275.]
-
-[Footnote 161: Aeschylus, _Eumenides_, 175, 267 _sqq._, 335 _sqq._
-Pausanias, x. 28. 4 _sq._ Aristophanes, _Ranæ_, 147-150, 274.]
-
-[Footnote 162: Aeschylus, _Eumenides_, 269 _sq._ Aristophanes,
-_Ranæ_, 147 _sq._]
-
-[Footnote 163: See _supra_, i. 584 _sqq._, 621 _sqq._]
-
-[Footnote 164: Diogenes Laertius, _De vitis philosophorum_, viii.
-1. 31.]
-
-[Footnote 165: Demosthenes (?), _Contra Aristogitonem oratio I._ 52.]
-
-[Footnote 166: The Arabs of the Ulád Bu [(]Azîz in Southern
-Morocco maintain that there are three classes of persons who are
-infallibly doomed to hell, namely, those who have been cursed by
-their parents, those who have been guilty of unlawful homicide,
-and those who have burned corn. They say that every grain curses
-him who burns it.]
-
-[Footnote 167: _Cf._ Westcott, _op. cit._ p. 104.]
-
-[Footnote 168: Euripides, _Iphigenia in Tauris_, 391.]
-
-[Footnote 169: _Idem_, _Bellerophon_, 17 (_Fragmenta_, 300).]
-
-[Footnote 170: Plato, _Respublica_, ii. 379 _sq._]
-
-[Footnote 171: _Idem_, _Phædrus_, p. 247. _Idem_, _Timæus_, p. 29.]
-
-[Footnote 172: _Idem_, _Respublica_, ii. 364 _sqq._ _Idem_,
-_Leges_, x. 905 _sqq._; xii. 948.]
-
-[Footnote 173: _Idem_, _Respublica_, ii. 379 _sq._ _Cf._
-Aeschylus, _Agamemnon_, 176 _sqq._]
-
-[Footnote 174: Plutarch, _De defectu oraculorum_, See also
-_Idem_, _De adulatore et amico_, 22.]
-
-The gods of the Romans were on the whole unsympathetic and
-lifeless beings, some of them even actually pernicious, as the
-god of Fever, who had a temple on the Palatine hill, and the god
-of Ill-Fortune, who had an altar on the Esquiline hill.[175] The
-relations between the gods {717} and their worshippers were cold,
-ceremonial, legal. The chief thing was not to break "the peace of
-the gods," or, when it was broken, to restore it.[176] They were
-rendered propitious by "sanctity" and "piety."[177] But sanctity
-was defined as "the knowledge of how we ought to worship them,"
-and piety was only "justice towards the gods," the return for
-benefits received; Cicero asks, "What piety is due to a being
-from whom you receive nothing?"[178] The divine law, _fas_, was
-distinguished from the human law, _jus_. To the former belonged
-not only the religious rites but the duties to the dead, as also
-the duties to certain living individuals.[179] Offences against
-parents were avenged by the _divi parentum_;[180] the duty of
-hospitality was enforced by the _dii hospitales_ and
-Jupiter;[181] boundaries were protected by Jupiter Terminalis and
-Terminus;[182] and Jupiter, Dius Fidius, and Fides, were the
-guardians of sworn faith.[183]
-
-[Footnote 175: Cicero, _De natura deorum_, iii. 25.]
-
-[Footnote 176: Leist, _Græco-italische Rechtsgeschichte_, p. 219
-_sqq._ Granger, _Worship of the Romans_, p. 217.]
-
-[Footnote 177: Cicero, _De officiis_, ii. 3.]
-
-[Footnote 178: _Idem_, _De natura deorum_, i. 41.]
-
-[Footnote 179: On the distinction between _fas_ and _jus_ see von
-Jhering, _Geist des römischen Rechts_, i. 258.]
-
-[Footnote 180: _Supra_, i. 624.]
-
-[Footnote 181: _Supra_, i. 580.]
-
-[Footnote 182: _Supra_, ii. 61.]
-
-[Footnote 183: _Supra_, ii. 96, 121 _sq._ Wissowa, _Religion und
-Kultus der Römer_, pp. 48, 103, 104, 123 _sq._]
-
-The god of Israel was a powerful protector of his chosen people,
-but he was a severe master who inspired more fear than love. In
-the pre-prophetic period at least, he was no model of goodness.
-He had unaccountable moods, his wrath often resembled "rather the
-insensate violence of angered nature, than the reasonable
-indignation of a moralised personality"[184]--as appears, for
-instance, from the suggestion of David that Saul's undeserved
-enmity might be due to the incitement of God.[185] At the same
-time his severity was also a guardian of human relationships. It
-turned against children who were disrespectful to their parents,
-against murderers, adulterers, thieves, false witnesses--indeed,
-the whole criminal law was a revelation of the Lord. He was
-moreover a protector of {718} the poor and needy,[186] and a
-preserver of strangers.[187] But offences against God were, in
-the Ten Commandments, mentioned before offences against man;
-religious rites were put on the same level with the rules of
-social morality; neglect of circumcision, or disregard of the
-precepts of ceremonial cleanliness, or sabbath-breaking, was
-punished with the same severity as the greatest crimes.[188] "To
-the ordinary man," says Wellhausen, "it was not moral but
-liturgical acts that seemed to be truly religious."[189] A
-different opinion, however, was expressed by the Prophets. They
-opposed the vice of the heart to the outward service of the
-ritual.[190] God was said by them to desire not sacrifice but
-mercy,[191] and to hate the hypocritical service of Israel with
-its feast-days and solemn assemblies;[192] and the true fast was
-declared to consist in moral welldoing.[193] To them
-righteousness was the fundamental virtue of Yahveh, and if he
-punished Israel his anger was no longer a merely fitful outburst,
-unrelated to Israel's own wrongdoing, but an essential element of
-his righteousness.[194] However, as M. Halévy observes, the truly
-national conceptions of the Hebrews were not those which the
-Prophets maintained, but those which they opposed.[195] The
-importance of ritual was more than ever emphasised in the
-post-prophetic priestly code.
-
-[Footnote 184: Montefiore, _Hibbert Lectures on the Religion of
-the Ancient Hebrews_, p. 38.]
-
-[Footnote 185: _1 Samuel_, xxvi. 19.]
-
-[Footnote 186: _Supra_, i. 552, 565.]
-
-[Footnote 187: _Supra_, i. 580.]
-
-[Footnote 188: Montefiore, _op. cit._ pp. 327, 470. Kuenen,
-_Religion of Israel_, ii. 276.]
-
-[Footnote 189: Wellhausen, _Prolegomena to the History of
-Israel_, p. 468.]
-
-[Footnote 190: _Cf._ Caird, _Evolution of Religion_, ii. 119.]
-
-[Footnote 191: _Hosea_, vi. 6.]
-
-[Footnote 192: _Amos_, v. 21 _sqq._]
-
-[Footnote 193: _Isaiah_, lviii. 6 _sqq._]
-
-[Footnote 194: _Cf._ Montefiore, _op. cit._ p. 122 _sq._]
-
-[Footnote 195: Halévy, _Mélanges de critique et d'histoire
-relatifs aux peuples sémitiques_, p. 371.]
-
-The opposition against ritualism which was started by the
-Prophets reached its height in Christ. Men are defiled not by
-external uncleanness, but by evil thoughts and evil deeds.[196]
-"It is lawful to do well on the sabbath days."[197] Those whose
-righteousness does not exceed that of the scribes and Pharisees
-shall not enter into the kingdom of heaven.[198] The first and
-great commandment is that which {719} enjoins love to God, but
-the second, according to which a man shall love his neighbour as
-himself, "is like unto it."[199] At the same time there are in
-the New Testament passages in which God's judgment of men seems
-to be represented as determined by theological dogma.[200] The
-only sin which can never be forgiven either in this world or in
-the world to come, is blasphemy against the Holy Ghost;[201] and
-the belief in Jesus is laid down as indispensable for
-salvation.[202] According to St. Paul, a man is justified by
-faith alone, without the deeds of the law.[203] This doctrine,
-which makes man's salvation dependent upon his acceptance of the
-Messiahship of Jesus, has had a lasting influence upon Christian
-theology, and has, together with certain other dogmas, led to
-that singular discrepancy between the notions of divine and human
-justice which has up to the present day characterised the chief
-branches of the Christian Church.
-
-[Footnote 196: _St. Matthew_, xv. 19 _sq._ _St. Mark_, vii. 6 _sqq._]
-
-[Footnote 197: _St. Matthew_, xii. 12.]
-
-[Footnote 198: _Ibid._ v. 20.]
-
-[Footnote 199: _St. Matthew_, xxii. 37 _sqq._]
-
-[Footnote 200: Toy, _Judaism and Christianity_, p. 82 _sq._]
-
-[Footnote 201: _St. Matthew_, xii. 31 _sq._ _St. Mark_, iii. 28 _sq._]
-
-[Footnote 202: _St. Mark_, xvi. 16. _St. John_, iii. 18, 36;
-viii. 24.]
-
-[Footnote 203: _Romans_, iii. 28.]
-
-Some of the early Fathers maintained that the interference and
-suffering of Christ, in itself, unconditionally saved all souls
-and emptied hell for ever;[204] but this theory never became
-popular. According to St. Augustine and, subsequently, Calvinian
-theology, the benefits of the atonement are limited to those whom
-God, of his sovereign pleasure, has from eternity arbitrarily
-elected, the effect of faith and conversion being not to save the
-soul, but simply to convince the soul that it is saved. A third
-theory--that of Pelagius, Armenius, and Luther--attributes to the
-sufferings of Christ a conditional efficacy, depending upon
-personal faith in his vicarious atonement, whereas those who for
-some reason or other do not possess such faith are excluded from
-salvation. A fourth doctrine, which early began to be constructed
-by the Fathers and was adopted by the Roman Catholic and the
-consistent portion of the Episcopalian Church, declares that by
-Christ's vicarious {720} suffering power is given to the Church,
-a priestly hierarchy, to save those who confess her authority and
-observe her rites, whilst all others are lost. Certain
-sectarians, like the Unitarians, or those "liberal Christians"
-who do not feel themselves tied by the dogmas of any special
-creed, are the only ones among whom we meet with the opinion that
-a free soul, who by the immutable laws which the Creator has
-established may choose between good and evil, is saved or lost
-just so far and so long as it partakes of either the former or
-the latter.[205]
-
-[Footnote 204: Alger, _History of the Doctrine of a Future Life_,
-pp. 550-552, 563. Farrar, _Mercy and Judgment_, p. 58 _sq._]
-
-[Footnote 205: Alger, _op. cit._ p. 553 _sqq._]
-
-According to the leading doctrines of Christianity, then, the
-fates of men beyond the grave are determined by quite other
-circumstances than what the moral consciousness by itself
-recognises as virtue or vice. They are all doomed to death and
-hell in consequence of Adam's sin, and their salvation, if not
-absolutely predestined, can only be effected by sincere faith in
-the atonement of Christ or by valid reception of sacramental
-grace at the hands of a priest. Persons who on intellectual or
-moral grounds are unable to accept the dogma of atonement or to
-acknowledge the authority of an exacting hierarchy, are subject
-to the most awful penalties for a sin committed by their earliest
-ancestor, and so are the countless millions of heathen who never
-even had an opportunity to embrace the Christian religion. Luther
-was considered to have shown an exceptional boldness when he
-expressed the hope that "our dear God would be merciful to
-Cicero, and to others like him."[206] In the Westminster
-Confession of Faith the Divines declared the opinion that men not
-professing Christianity may be saved to be "very pernicious, and
-to be detested";[207] and in their Larger Catechism they
-expressly said that "they who, having never heard the gospel,
-know not Jesus Christ, and believe not in him, cannot be saved,
-be they never so diligent to frame their lives according to the
-light of nature, or the laws of that religion which they
-profess."[208] This doctrine has had many {721} adherents up to
-the present time,[209] although a more liberal view in favour of
-virtuous heathen has obviously been gaining ground.[210] Even in
-the case of Christians errors in belief on such subjects as
-church government, the Trinity, transubstantiation, original sin,
-and predestination, have been declared to expose the guilty to
-eternal damnation.[211] In the seventeenth century it was a
-common theme of certain Roman Catholic writers that "Protestancy
-unrepented destroys salvation,"[212] while the Protestants on
-their part taxed Du Moulin with culpable laxity for admitting
-that some Roman Catholics might escape the torments of hell.[213]
-Nathanael Emmons, the sage of Franklin, tells us that "it is
-absolutely necessary to approve of the doctrine of reprobation in
-order to be saved."[214]
-
-[Footnote 206: Farrar, _op. cit._ p. 146.]
-
-[Footnote 207: _Confession of Faith_, x. 4.]
-
-[Footnote 208: _Larger Catechism_, Answer to Question 60.]
-
-[Footnote 209: Farrar, _op. cit._ p. 146 _sq._]
-
-[Footnote 210: Prentiss, 'Infant Salvation,' in _Presbyterian
-Review_, iv. 576. For earlier instances of this opinion see
-Abbot, 'Literature of the Doctrine of a Future Life,' forming an
-Appendix to Alger's _History of the Doctrine of a Future Life_,
-pp. 859, 863, 865.]
-
-[Footnote 211: Abbot, _loc. cit._ p. 863.]
-
-[Footnote 212: Wilson, _Charity Mistaken, with the Want whereof
-Catholickes are unjustly charged, for affirming . . . that
-Protestancy unrepented destroys Salvation_.]
-
-[Footnote 213: Abbot, _loc. cit._ p. 860.]
-
-[Footnote 214: Emmons, _Works_, iv. 336.]
-
-Besides the heathen there is another large class of people whom
-Christian theology has condemned to hell for no fault of theirs,
-namely, infants who have died unbaptised. From a very early age
-the water of baptism was believed by the Christians to possess a
-magic power to wipe away sin,[215] and since the days of St.
-Augustine it was deemed so indispensable for salvation that any
-child dying without "the bath of regeneration" was regarded as
-lost for ever.[216] St. Augustine admitted that the punishment of
-such children was of the mildest sort,[217] but other writers
-were more severe; St. Fulgentius condemned to "everlasting
-punishment in eternal fire" even infants who died in their
-mother's womb.[218] However, {722} the notion that unbaptised
-children will be tormented, gradually gave way to a more humane
-opinion. In the middle of the twelfth century Peter Lombard
-determined that the proper punishment of original sin, when no
-actual sin is added to it, is "the punishment of loss," that is,
-loss of heaven and the sight of God, but not "the punishment of
-sense," that is, positive torment. This doctrine was confirmed by
-Innocentius III. and shared by the large majority of the
-schoolmen, who assumed the existence of a place called _limbus_,
-or _infernus puerorum_, where unbaptised infants will dwell
-without being subject to torture.[219] But the older view was
-again set up by the Protestants, who generally maintained that
-the due punishment of original sin is, in strictness, damnation
-in hell, although many of them were inclined to think that if a
-child dies by misfortune before it is baptised the parents'
-sincere intention of baptising it, together with their prayers,
-will be accepted with God for the deed.[220] In the Confession of
-Augsburg the Anabaptistic doctrine is emphatically
-condemned;[221] and although Zwingli rejected the dogma that
-infants dying without baptism are lost, and Calvin, in harmony
-with his theory of election, refused to tie the salvation of
-infants to an outward rite, the necessity of baptism as the
-ordinary channel of receiving grace appears to have been a
-general belief in the Reformed churches throughout the sixteenth
-and seventeenth centuries.[222] The damnation of infants was in
-fact an acknowledged doctrine of Calvinism,[223] though an
-exception was made for the children of pious parents.[224] But in
-the latter part of the eighteenth century Toplady, who was a
-vehement Calvinist, avowed {723} his belief in the universal
-salvation of all departed infants, whether baptised or
-unbaptised.[225] And a hundred years later Dr. Hodge thought he
-was justified in stating that the common opinion of evangelical
-Protestants was that "all who die in infancy are saved."[226] The
-accuracy of this statement, however, seems somewhat doubtful. In
-1883 Mr. Prentiss wrote of the doctrine of infant salvation
-independently of baptism:--"My own impression is that, had it
-been taught as unequivocally in the Presbyterian Church even a
-third of a century ago, by a theologian less eminent than Dr.
-Hodge for orthodoxy, piety, and weight of character, it would
-have called forth an immediate protest from some of the more
-conservative, old-fashioned Calvinists."[227]
-
-[Footnote 215: Tertullian, _De baptismo_, 1 _sqq._ (Migne,
-_Patrologiæ cursus_, i. 1197 _sqq._). Harnack, _History of
-Dogma_, i. 206 _sq._; ii. 227. Stanley, _Christian Institutions_,
-p. 16. Lewis, _Paganism surviving in Christianity_, pp. 72, 73,
-129, 144 _sq._]
-
-[Footnote 216: Bingham, _Works_, iii. 488 _sqq._ Prentiss, _loc.
-cit._ p. 549.]
-
-[Footnote 217: St. Augustine, _De peccatorum meritis et
-remissione_, i. 16 (Migne, _op. cit._ xliv. 16).]
-
-[Footnote 218: St. Fulgentius, _De fide_, 27 (Migne, _op. cit._
-lxv. 701).]
-
-[Footnote 219: Wall, _History of Infant-Baptism_, i. 460 _sq._]
-
-[Footnote 220: _Ibid._ i. 462, 468. Luther and his followers,
-however, speak more doubtfully about the efficacy of the parents'
-unrealised intention, and lay much stress on actual baptism
-(_ibid._ i. 469).]
-
-[Footnote 221: _Augsburg Confession_, i. 9.]
-
-[Footnote 222: Prentiss, _loc. cit._ p. 550.]
-
-[Footnote 223: Calvin, _Institutio Christiana religionis_, iv.
-15. 10, vol. ii. 371. Norton, _Tracts concerning Christianity_,
-p. 179 _sqq._]
-
-[Footnote 224: Calvin, _op. cit._ iv. 16. 9, vol. ii. 383 _sq._
-Wall, _op. cit._ i. 469. Anderson, 'Introductory Essay,' to
-Logan's _Words of Comfort for Parents bereaved of Little
-Children_, p. xxi.]
-
-[Footnote 225: Toplady, _Works_, p. 645 _sq._]
-
-[Footnote 226: Hodge, _Systematic Theology_, i. 26 _sq._]
-
-[Footnote 227: Prentiss, _loc. cit._ p. 559. See also Anderson,
-_loc. cit._ p. xxiii.]
-
-In order fully to realise the true import of the dogma of
-damnation it is necessary to consider the punishment in store for
-the condemned. The immense bulk of the Christians have always
-regarded hell and its agonies as material facts.[228] Origen, who
-was a Platonist and an heretic on many points, was severely
-censured for saying that the fire of hell was inward and of the
-conscience rather than outward and of the body;[229] and in the
-later Middle Ages Scotus Erigena showed unusual audacity in
-questioning the locality of hell and the material tortures of the
-condemned.[230] The punishment is burning--a penalty which even
-in the most barbaric codes is reserved for the very gravest
-crimes; and some great divines, like Jeremy Taylor and Jonathan
-Edwards, have been anxious to point out that the fire of hell is
-infinitely more painful than any fire on earth, being "fierce
-enough to melt the very rocks and elements."[231] This awful
-punishment also exceeds in dreadfulness anything which even the
-most vivid imagination can conceive, because it will last not for
-a passing moment, {724} nor for a year or a hundred, thousand,
-million, or milliard years, but for ever and ever. In case any
-doubt should arise as regards the physical capacity of the damned
-to withstand the heat, we are assured by some modern theologians
-that their bodies will be annealed like glass or asbestos-like or
-of the nature of salamanders.[232] This, then, is the future
-state of the large majority of men, quite independently of any
-fault of their own, or of the degree of their "guilt."[233] It
-would seem that even the felicity of the few who are saved must
-be seriously impaired by their contemplation of this endless and
-undescribable misery, but we are told that the case is just the
-reverse. They become as merciless as their god. Thomas Aquinas
-says that a perfect sight of the punishment of the damned is
-granted to them that they "may enjoy their beatitude and the
-grace of God more richly."[234] And the Puritans, especially,
-have revelled in the idea that "the sight of hell torments will
-exalt the happiness of the saints for ever," as a sense of the
-opposite misery always increases the relish of any pleasure.[235]
-
-[Footnote 228: Alger, _op. cit._ p. 516.]
-
-[Footnote 229: _Ibid._ p. 516.]
-
-[Footnote 230: Milman, _History of Latin Christianity_, ix. 88,
-n. k.]
-
-[Footnote 231: Alger, _op. cit._ p. 516 _sq._]
-
-[Footnote 232: Alger, _op. cit._ pp. 518, 520. _Cf._ St.
-Augustine, _De Civitate Dei_, xxi. 2 _sqq._]
-
-[Footnote 233: For the numbers of souls supposed to be lost see
-Alger, _op. cit._ p. 530 _sqq._ St. Chrysostom (_In Acta
-Apostolorum Homil. XXIV._ 4 (Migne, _op. cit._ Ser. Graeca, lx.
-189]) doubted whether out of the many thousands of souls
-constituting the Christian population of Antioch in his day one
-hundred would be saved. And at the end of the seventeenth century
-a History Professor at Oxford published a book to prove "that not
-one in a hundred thousand (nay probably not one in a million)
-from Adam down to our times, shall be saved" (Du-Moulin, _Moral
-Reflections upon the Number of the Elect_, title page).]
-
-[Footnote 234: Thomas Aquinas, _Summa theologica_, iii.
-Supplementum, qu. xciv. 1. 2 (Migne, _op. cit._ Ser. Secunda,
-iv. 1393).]
-
-[Footnote 235: Jonathan Edwards, _Works_, vii. 480. Alger,
-_op. cit._ p. 541.]
-
-In the present times there is a distinct tendency among Christian
-theologians to humanise somewhat the doctrines of the future
-life.[236] But if Christianity is to be judged from the dogmas
-which almost from its beginning until quite recent times have
-been recognised by the immense majority of its adherents, it must
-be admitted that its {725} conception of a heavenly Father and
-Judge has been utterly inconsistent with all ordinary notions of
-goodness and justice. Calvin himself avowed that the decree
-according to which the fall of Adam involved, without remedy, in
-eternal death so many nations together with their infant
-children, was a "horrible" one. "But," he adds, "no one can deny
-that God foreknew the future final fate of man before he created
-him, and that he did foreknow it because it was appointed by his
-own decree."[237]
-
-[Footnote 236: Thus the doctrine of endless torments is opposed
-by a considerable number of theologians (Alger, _op. cit._ p.
-546), and, "if held, is not practically taught by the vast
-majority of the English clergy" (Stanley, _op. cit._ p. 94).]
-
-[Footnote 237: Calvin, _op. cit._ iii. 23. 7, vol. ii. 151.]
-
-Like Christianity, Muhammedanism adorns its godhead with the
-highest moral attributes and at the same time ascribes to him
-decrees and actions which flatly contradict even the most
-elementary notions of human justice. The god of Islam is
-addressed as the compassionate and merciful; but his love is
-restricted to "those who fear,"[238] and his mercy can only be
-gained by that submissiveness or self-surrender which is
-indicated by the very name of Islam. He demands a righteous life,
-he punishes the wrongdoer and rewards the charitable.[239]
-Through his Prophet he has revealed to mankind both the rules of
-morality and the elements of a social system containing minute
-regulations for a man's conduct in various circumstances of life,
-with due rewards or penalties according to his fulfilment of
-these regulations.[240] The whole constitution of the State has
-on it a divine stamp; as an Arab proverb says, "country and
-religion are twins."[241] But foremost among duties is to believe
-in God and his Prophet. "God," it is said, "does not pardon
-polytheism and infidelity, but He can, if He willeth, pardon
-other crimes."[242] And the "pillars of religion" are the five
-duties of reciting the Kalimah or creed, of performing the five
-stated daily prayers, of fasting--especially in the month of
-Rama[d.]ân,--of giving the legal alms, and of making the
-pilgrimage to Mecca.[243] These duties are based on clear {726}
-sentences of the Koran, but the traditions have raised the most
-trivial ceremonial observances into duties of the greatest
-importance. It is true that hypocrisy and formalism without
-devotion were strongly condemned by Muhammed. "Righteousness," he
-said, "is not that ye turn your faces towards the East or the
-West, but righteousness is, one who believes in God, and the last
-day, and the angels, and the Book, and the prophets, and who
-gives wealth for His love to kindred, and orphans, and the poor,
-and the son of the road, and beggars, and those in captivity; and
-who is steadfast in prayer, and gives alms; and those who are
-sure of their covenant when they make a covenant; and the patient
-in poverty, and distress, and in time of violence; these are they
-who are true, and these are those who fear."[244] Yet in
-Muhammedanism, as in other ritualistic religions, the chief
-importance is practically attached to the punctual performance of
-outward ceremonies, and the virtue of prayer is made dependent
-upon an ablution.[245] In the future life the felicity or
-suffering of each person will be proportionate to his merits or
-demerits,[246] but the admittance into paradise depends in the
-first place on faith. "Those who believe, and act righteously,
-and are steadfast in prayer, and give alms, theirs is their hire
-with their Lord."[247] Those who have acknowledged the faith of
-Islam and yet acted wickedly will be punished in hell for a
-certain period, but will finally enter paradise.[248] As regards
-the future state of certain infidels the Koran contains
-contradictory statements. In one place it is said, "Verily,
-whether it be of those who believe, or those who are Jews or
-Christians or Sabaeans, whosoever believe in God and {727} the
-last day and act aright, they have their reward at their Lord's
-hand, and there is no fear for them, nor shall they grieve."[249]
-But this passage is considered to have been abrogated by another
-where it is stated that whoso desires any other religion than
-Islam shall in the next world be among the lost.[250] The
-punishments inflicted upon unbelievers are no less horrible than
-the torments of the Christian hell. Yet in one point the
-Muhammedan doctrine of the future life is more merciful than the
-dogmas of Christianity. The children of believers will all go to
-paradise, and the children of unbelievers are generally supposed
-to escape hell. Some think they will be in A[(]ráf, a place
-situated between heaven and hell; whilst others maintain that
-they will be servants to the true believers in paradise.[251]
-
-[Footnote 238: _Koran_, iii. 70.]
-
-[Footnote 239: _Supra_, i. 553.]
-
-[Footnote 240: _Cf._ Muir, _Life of Mahomet_, iii. 295 _sq._;
-Lane-Poole, _Studies in a Mosque_, p. 101.]
-
-[Footnote 241: Sell, _Faith of Islám_, pp. 19, 39.]
-
-[Footnote 242: _Ibid._ p. 241.]
-
-[Footnote 243: _Ibid._ p. 251.]
-
-[Footnote 244: _Koran_, ii. 172.]
-
-[Footnote 245: _Cf._ Polak, _Persien_, i. 9; Wallin,
-_Reseanteckningar från Orienten_, iv. 284 _sq._; Sell, _op. cit._
-p. 256.]
-
-[Footnote 246: Lane, _Manners and Customs of the Modern
-Egyptians_, i. 95 _sq._ Sell, _op. cit._ p. 231. Lane-Poole,
-_Studies in a Mosque_, p. 319.]
-
-[Footnote 247: _Koran_, ii. 277.]
-
-[Footnote 248: Lane, _op. cit._ i. 95. Sell, _op. cit._ p. 228.
-The Mu[(]tazilas, however, teach that the Muslim who enters hell
-will remain there for ever. They maintain that the person who,
-having committed great sins, dies unrepentant, though not an
-infidel, ceases to be a believer, and hence suffers as the
-infidels do, though the punishment is lighter than that which an
-infidel receives (Sell, _op. cit._ pp. 229, 241).]
-
-[Footnote 249: _Koran_, ii. 59.]
-
-[Footnote 250: _Ibid._ iii. 79. Sell, _op. cit._ p. 359
-_sq._]
-
-[Footnote 251: Sell, _op. cit._ p. 204 _sq._]
-
-The formalism of Muhammedan orthodoxy has from time to time
-called forth protests from minds with deeper aspirations. The
-earlier Muhammedan mystics sought to impart life to the rigid
-ritual;[252] and in the nineteenth century Bábíism revolted
-against orthodox Islam, opposing bigotry and enjoining friendly
-intercourse with persons of all religions.[253] At present there
-are some liberal Muhammedans who set aside the scholastic
-tradition, maintain the right of private interpretation of the
-Koran, and warmly uphold the adaptability of Islam to the most
-advanced ideas of civilisation.[254] To them Muhammed's mission
-was chiefly that of a moral reformer. "In Islam," says Syed Ameer
-Ali, "the service of man and the good of humanity constitute
-pre-eminently the service and worship of God."[255]
-
-[Footnote 252: _Ibid._ p. 110.]
-
-[Footnote 253: _Ibid._ p. 136 _sqq._]
-
-[Footnote 254: Ameer Ali, _Life and Teachings of Mohammed_,
-_passim_. _Idem_, _Ethics of Islâm_, _passim_. _Cf._ Lane-Poole,
-_Studies in a Mosque_, p. 324; Sell, _op. cit._ p. 198
-_sq._]
-
-[Footnote 255: Ameer Ali, _Ethics of Islâm_, p. 3 _sq._ _Idem_,
-_Life and Teachings of Mohammed_, p. 274.]
-
-In the next chapter I shall try to explain the chief facts now
-set forth relating to gods as guardians of **worldly morality.
-
-
-
-
-CHAPTER LII
-
-GODS AS GUARDIANS OF MORALITY (_concluded_)
-
-
-WE have seen that the gods of uncivilised races are to a very
-large extent of a malevolent character, that they as a rule take
-little interest in any kind of human conduct which does not
-affect their own welfare, and that, if they show any signs of
-moral feelings, they may be guardians either of tribal customs in
-general or only of some special branch of morality. Among peoples
-of a higher culture, again, the gods are on the whole benevolent
-to mankind, when duly propitiated. They by preference resent
-offences committed against themselves personally; but they also
-avenge social wrongs of various kinds, they are superintendents
-of human justice, and are even represented as the originators and
-sustainers of the whole moral order of the world. The gods have
-thus experienced a gradual change for the better; until at last
-they are described as ideals of moral perfection, even though,
-when more closely scrutinised, their goodness and notions of
-justice are found to differ materially from what is deemed good
-and just in the case of men.
-
-The malevolence of savage gods is in accordance with the theory
-that religion is born of fear. The assumed originators of
-misfortunes were naturally regarded as enemies to be propitiated,
-whilst fortunate events, if attracting sufficient attention and
-appearing sufficiently marvellous to suggest a supernatural
-cause, were commonly ascribed to beings who were too good to
-require {729} worship. But growing reflection has a tendency to
-attribute more amiable qualities to the gods. The religious
-consciousness of men becomes less exclusively occupied with the
-hurts they suffer, and comes more and more to reflect upon the
-benefits they enjoy. The activity of a god which displays itself
-in a certain phenomenon, or group of phenomena, appears to them
-on some occasions as a source of evil, but on other occasions as
-a source of good; hence the god is regarded as partly malevolent,
-partly benevolent, and in all circumstances as a being who must
-not be neglected. Moreover, a god who is by nature harmless or
-good may by proper worship be induced to assist man in his
-struggle against evil spirits.[1] This protective function of
-gods becomes particularly important when the god is more or less
-disassociated from the natural phenomenon in which he originally
-manifested himself. Nothing, indeed, seems to have contributed
-more towards the improvement of nature gods than the expansion of
-their sphere of activity. When supernatural beings can exert
-their power in the various departments of life, men naturally
-choose for their gods those among them who with great power
-combine the greatest benevolence. Men have selected their gods
-according to their usefulness. Among the Maoris "a mere trifle,
-or natural casualty, will induce a native (or a whole tribe) to
-change his Atua."[2] The negro, when disappointed in some of his
-speculations, or overtaken by some sad calamity, throws away his
-fetish, and selects a new one.[3] When hard-pressed, the
-Samoyede, after invoking his own deities in vain, addresses
-himself to the Russian god, promising to become his worshipper if
-he relieves him from his distress; and in most cases he is said
-to be faithful to his promise, though he may still try to keep on
-good terms with his former gods by occasionally {730} offering
-them a sacrifice in secret.[4] North American Indians attribute
-all their good or bad luck to their Manitou, and "if the Manitou
-has not been favourable to them, they quit him without any
-ceremony, and take another."[5] Among many of the ancient Indians
-of Central America there was a regular and systematical selection
-of gods. Father Blas Valera says that their gods had annual
-rotations and were changed each year in accordance with the
-superstitions of the people. "The old gods were forsaken as
-infamous, or because they had been of no use, and other gods and
-demons were elected. . . . Sons when they inherited, either
-accepted or repudiated the gods of their fathers, for they were
-not allowed to hold their pre-eminence against the will of the
-heir. Old men worshipped other greater deities, but they likewise
-dethroned them, and set up others in their places when the year
-was over, or the age of the world, as the Indians had it. Such
-were the gods which all the nations of Mexico, Chiapa, and
-Guatemala worshipped, as well as those of Vera Paz, and many
-other Indians. They thought that the gods selected by themselves
-were the greatest and most powerful of all the gods."[6] These
-are crude instances of a process which in some form or other must
-have been an important motive force in religious evolution by
-making the gods better suited to meet the wants of their believers.
-
-[Footnote 1: von Rosenberg, _Der malayische Archipel_, p. 162
-(Niase). Howard, _Life with Trans-Siberian Savages_, p. 192
-(Ainu). Georgi, _Russia_, iii. 273 _sq._ (shamanistic peoples of
-Siberia). Buch, 'Die Wotjaken,' in _Acta Soc. Scient. Fennicæ_,
-xii. 633. _Supra_, ii. 701, 702, 704 _sq._]
-
-[Footnote 2: Polack, _Manners and Customs of the New Zealanders_,
-i. 233.]
-
-[Footnote 3: Wilson, _Western Africa_, p. 212.]
-
-[Footnote 4: Ahlqvist, 'Unter Wogulen und Ostjaken,' in _Acta
-Soc. Scient. Fennicæ_, xiv. 240.]
-
-[Footnote 5: Bossu, _Travels through Louisiana_, p. 103. Frazer,
-_Totemism_, p. 55.]
-
-[Footnote 6: Blas Valera, quoted by Garcilasso de la Vega, _First
-Part of the Royal Commentaries of the Yncas_, i. 124 _sq._]
-
-But men not only select as their gods such supernatural beings as
-may be most useful to them in their struggle for life, they also
-magnify their good qualities in worshipping them. Praise and
-exaggerating eulogy are common in the mouth of a devout
-worshipper. In ancient Egypt the god of each petty state was
-within it held to be the ruler of the gods, the creator of the
-world, and the giver of all good things.[7] So also in Chaldea
-the god of {731} a town was addressed by its inhabitants with the
-most exalted epithets, as the master or king of all the gods.[8]
-The Vedic poets were engrossed in the praise of the particular
-deity they happened to be invoking, exaggerating his attributes
-to the point of inconsistency.[9] "Every virtue, every
-excellence," says Hume, "must be ascribed to the divinity, and no
-exaggeration will be deemed sufficient to reach those perfections
-with which he is endowed."[10] The tendency of the worshipper to
-extol his god beyond all measure is largely due to the idea that
-the god is fond of praise,[11] but it may also be rooted in a
-sincere will to believe or in genuine admiration. That nations of
-a higher culture have especially a strong faith in the power and
-benevolence of their gods is easy to understand when we consider
-that these are exactly the peoples who have been most successful
-in their national endeavours.[12] As the Greeks attributed their
-victory over the Persians to the assistance of Zeus,[13] so the
-Romans maintained that the grandeur of their city was the work of
-the gods whom they had propitiated by sacrifices.[14]
-
-[Footnote 7: Wiedemann, _Religion of the Ancient Egyptians_, p. 11.]
-
-[Footnote 8: Mürdter-Delitzsch, _Geschichte Babyloniens und
-Assyriens_, p. 24.]
-
-[Footnote 9: Macdonell, _Vedic Mythology_, p. 16 _sq._ Barth,
-_Religions of India_, p. 26. Hopkins, _Religions of India_, p. 139.]
-
-[Footnote 10: Hume, _Philosophical Works_, iv. 353.]
-
-[Footnote 11: See _supra_, ii. 653 _sq._]
-
-[Footnote 12: _Cf._ Oldenberg, _Die Religion des Veda_, p. 281;
-Macdonell, _op. cit._ p. 18.]
-
-[Footnote 13: _Supra_, ii. 713.]
-
-[Footnote 14: Cicero, _De natura deorum_, iii. 2.]
-
-The benevolence of a god, however, does not imply that he acts as
-a moral judge. A friendly god is not generally supposed to bestow
-his favours gratuitously; it is hardly probable, then, that he
-should meddle with matters of social morality out of sheer
-kindliness and of his own accord. But by an invocation he may be
-induced to reward virtue and punish vice. We have often noticed
-how closely the retributive activity of gods is connected with
-the blessings and curses of men. In order to give efficacy to
-their good or evil wishes men appeal to some god, or simply bring
-in his name when they pronounce a blessing or a curse; and if
-this is regularly done in connection with some particular kind of
-conduct, the idea may grow up that the god rewards or punishes it
-even independently of {732} any human invocation. Moreover,
-powerful curses, as those uttered by parents or strangers, may be
-personified as supernatural beings, like the Greek Erinyes; or
-the magic energy inherent in a blessing or a curse may become an
-attribute of the chief god, owing to the tendency of such a god
-to attract supernatural forces which are in harmony with his
-general nature.[15] So also, the notion of a persecuting ghost
-may be changed into the notion of an avenging god.[16] Various
-departments of social morality have thus come to be placed under
-the supervision of gods: the rights of life[17] and property,[18]
-charity[19] and hospitality,[20] the submissiveness of
-children,[21] truthspeaking and fidelity to a given promise.[22]
-That gods are so frequently looked upon as guardians of truth and
-good faith is, as we have seen, mainly a result of the common
-practice of confirming a statement or promise by an oath; and
-where the oath is an essential element in the judicial
-proceedings, as was the case in the archaic State,[23] the
-consequence is that the guardianship of gods is extended to the
-whole sphere of justice. Truth and justice are repeatedly
-mentioned hand in hand as matters of divine concern. We have seen
-how frequently the same gods as are appealed to in oaths or
-ordeals are described as judges of human conduct.[24] "En
-Égypte," says M. Amélineau, "la vérité et la justice n'avaient
-qu'un seul et même nom, _Mât_, qui veut aussi bien dire vérité
-que justice, et justice que vérité."[25] Zeus presided over
-assemblies and trials;[26] according to a law of Solon, the
-judges of Athens had to swear by him.[27] And the Erinyes, the
-personifications of oaths and curses, are sometimes represented
-by poets and philosophers as guardians of right in general.[28]
-
-[Footnote 15: See _supra_, ii. 68.]
-
-[Footnote 16: _Supra_, i. 378 _sq._]
-
-[Footnote 17: _Supra_, i. 379 _sqq._]
-
-[Footnote 18: _Supra_, ii. 59 _sqq._]
-
-[Footnote 19: _Supra_, i. 561 _sqq._]
-
-[Footnote 20: _Supra_, i. 578 _sqq._]
-
-[Footnote 21: _Supra_, i. 621 _sqq._]
-
-[Footnote 22: _Supra_, ii. 114 _sqq._]
-
-[Footnote 23: Leist, _Græco-italische Rechtsgeschichte_, p. 228.]
-
-[Footnote 24: _Supra_, ii. 115, 116, 121, 122, 686, 687, 699.]
-
-[Footnote 25: Amélineau, _L'évolution des idées morales dans
-l'Égypte ancienne_, p. 187. See also _supra_, ii. 115, 699.]
-
-[Footnote 26: Farnell, _Cults of the Greek States_, i. 58.]
-
-[Footnote 27: Pollux, _Onomasticum_, viii. 12. 142.]
-
-[Footnote 28: Rohde, _Psyche_, p. 246.]
-
-{733} It has been said that when men ascribe to their gods a
-mental constitution similar to their own they also _eo ipso_
-consider them to approve of virtue and disapprove of vice.[29]
-But this conclusion is certainly not true in general. Malevolent
-gods cannot be supposed to feel emotions which essentially
-presuppose altruistic sentiments; and, as we have just noticed,
-an invocation is frequently required to induce benevolent gods to
-interfere with the worldly affairs of men. Moreover, where the
-system of private retaliation prevails, not even the extension of
-human analogies to the world of supernatural beings would lead to
-the idea of a god who of his own accord punishes social wrongs.
-But it is quite probable that such analogies have in some cases
-made gods guardians of morality at large, especially ancestor
-gods who may readily be supposed not only to preserve their old
-feelings with regard to virtue and vice but also to take a more
-active interest in the morals of the living, and who are
-notoriously opposed to any deviation from ancient custom.[30] I
-also admit that the conception of a great or supreme god may
-perhaps, independently of his origin, involve retributive justice
-as a natural consequence of his power and benevolence towards his
-people. Yet it is obvious that even a god like Zeus was more
-influenced by the invocation of a suppliant than by his sense of
-justice. Dr. Farnell points out that the epithets which designate
-him as the god to whom those stricken with guilt can appeal are
-far more in vogue in actual Greek cult than those which attribute
-to him the function of vengeance and retribution.[31] Hermes was
-addressed by thieves as their patron.[32] According to the Talmud
-"the thief invokes God while he breaks into the house."[33] And
-the Italian bandit begs the Virgin herself to bless his endeavours.
-
-[Footnote 29: Adam Smith, _Theory of Moral Sentiments_, p. 232
-_sq._ Darwin, _Descent of Man_, p. 95. Tiele, _Elements of the
-Science of Religion_, i. 92 _sq._]
-
-[Footnote 30: See _supra_, ii. 519 _sq._ _Cf._ Tylor,
-_Anthropology_, p. 369; Macdonald, _Religion and Myth_, p. 229.]
-
-[Footnote 31: Farnell, _op. cit._ i. 66 _sq._]
-
-[Footnote 32: Schmidt, _Die Ethik der alten Griechen_, i.
-136.]
-
-[Footnote 33: Deutsch, _Literary Remains_, p. 57.]
-
-At the same time we must again remember that men {734} ascribe to
-their gods not only ordinary human qualities but excellences of
-various kinds, and among these may also be a strong desire to
-punish wickedness and to reward virtue. The gods of monotheistic
-religions in particular have such a multitude of the most
-elevated attributes that it would be highly astonishing if they
-had remained unconcerned about the morals of mankind. If flattery
-and admiration make the deity all-wise, all-powerful, all-good,
-they also make him the supreme judge of human conduct. And there
-is yet another reason for investing him with the moral government
-of the world. The claims of justice are not fully satisfied on
-this earth, where it only too often happens that virtue is left
-unrewarded and vice escapes unpunished, that right succumbs and
-wrong triumphs; hence persons with deep moral feelings and a
-religious or philosophical bent of mind are apt to look for a
-future adjustment through the intervention of the deity, who
-alone can repair the evils and injustices of the present. This
-demand of final retribution is sometimes so strongly developed
-that it even leads to the belief in a deity when no other proof
-of his existence is found convincing. Kant maintained that we
-must postulate a future life in which everybody's happiness is
-proportionate to his virtue, and that such a postulate involves
-the belief in a God of infinite power, wisdom, and goodness who
-governs the moral as well as the physical world. Not even
-Voltaire could rid himself of the notion of a rewarding and
-avenging deity, whom, if he did not exist, "it would be necessary
-to invent."
-
-The belief in a god who acts as a guardian of **worldly morality
-undoubtedly gives emphasis to its rules. To the social and legal
-sanctions a new one is added, which derives particular strength
-from the supernatural power and knowledge of the deity. The
-divine avenger can punish those who are beyond the reach of human
-justice and those whose secret wrongs even escape the censure of
-their fellow men. But on the other hand there are also certain
-circumstances which considerably detract from the {735} influence
-of the religious sanction when compared with other sanctions of
-morality. The supposed punishments and rewards of the future life
-have the disadvantage of being conceived as very remote; and fear
-and hope decrease in inverse ratio to the distance of their
-objects. Men commonly live in the happy illusion that death is
-far off, even though it in reality is very near, hence also the
-retribution after death appears distant and unreal and is
-comparatively little thought of by the majority of people who
-believe in it. Moreover, there seems always to be time left for
-penance and repentance. Manzoni himself admitted, in his defence
-of Roman Catholicism, that many people think it an easy matter to
-procure that feeling of contrition by which, according to the
-doctrine of the Church, sins may be cancelled, and therefore
-encourage themselves in the commission of crime through the
-facility of pardon. The frequent assumption that the moral law
-would hardly command obedience without the belief in retribution
-beyond the grave is contradicted by an overwhelming array of
-facts. We hear from trustworthy witnesses that unadulterated
-savages follow their own rules of morality no less strictly, or
-perhaps more strictly, than civilised people follow theirs. Nay,
-it is a common experience that contact with a higher civilisation
-exercises a deteriorating influence upon the conduct of
-uncultured races, although we may be sure that Christian
-missionaries do not fail to impart the doctrine of hell to their
-savage converts.
-
-It has also been noticed that a high degree of religious devotion
-is frequently accompanied by great laxity of morals. Of the
-Bedouins Mr. Blunt writes that, with one or two exceptions, "the
-practice of religion may be taken as the sure index of low
-morality in a tribe."[34] Wallin, who had an intimate and
-extensive knowledge of Muhammedan peoples, often found that those
-Muslims who attended to their prayers most regularly were the
-greatest scoundrels.[35] "One of the most remarkable traits {736}
-in the character of the Copts," says Lane, "is their bigotry";
-and at the same time they are represented as "deceitful,
-faithless, and abandoned to the pursuit of worldly gain, and to
-indulgence in sensual pleasure."[36] Among two hundred Italian
-murderers Ferri did not find one who was irreligious; and Naples,
-which has the worst record of any European city for crimes
-against the person, is also the most religious city in
-Europe.[37] On the other hand, according to Dr. Havelock Ellis,
-"it seems extremely rare to find intelligently irreligious men in
-prison";[38] and Laing, who himself was anything but sceptical,
-observed that there was no country in Europe where there was so
-much morality and so little religion as Switzerland.[39] Most
-religions contain an element which constitutes a real peril to
-the morality of their votaries. They have introduced a new kind
-of duties--duties towards gods;--and, as we have noticed above,
-even where religion has entered into close union with worldly
-morality, much greater importance has been attached to ceremonies
-or worship or the niceties of belief than to good behaviour
-towards fellow men. People think that they may make up for lack
-of the latter by orthodoxy or pious performances. A Christian
-bishop of the seventh century, who was canonised by the Church of
-Rome, described a good Christian as a man "who comes frequently
-to church; who presents the oblation which is offered to God upon
-the altar; who doth not taste of the fruits of his own industry
-until he has consecrated a part of them to God; who, when the
-holy festivals approach, lives chastely even with his own wife
-during several days, that with a safe conscience he may draw near
-the altar of God; and who, in the last place, can repeat the
-Creed and the Lord's Prayer."[40] A scrupulous observance of
-external ceremonies--that is all which in this description is
-required {737} of a good Christian. And since then popular ideas
-on the subject have undergone but little change. Smollett
-observes in his 'Travels into Italy' that it is held more
-infamous to transgress the slightest ceremonial institution of
-the Church of Rome than to transgress any moral duty; that a
-murderer or adulterer will be easily absolved by the Church, and
-even maintain his character in society; but that a man who eats a
-pigeon on a Saturday is abhorred as a monster of reprobation.[41]
-In the nineteenth century Simonde de Sismondi could write:--"Plus
-chaque homme vicieux a été régulier à observer les commandemens
-de l'Église, plus il se sent dans son c[oe]ur dispensé de
-l'observation de cette morale céleste, à laquelle il faudroit
-sacrifier ses penchans dépravés."[42] And how many a Protestant
-does not imagine that by going to church on Sundays he can sin
-more freely on the six days between.
-
-[Footnote 34: Mr. Blunt, in Lady Anne Blunt's _Bedouin Tribes of
-the Euphrates_, ii. 217.]
-
-[Footnote 35: Wallin, _Reseanteckningar från Orienten_, iii. 166.]
-
-[Footnote 36: Lane, _Manners and Customs of the Modern
-Egyptians_, p. 551.]
-
-[Footnote 37: Havelock Ellis, _The Criminal_, p. 156.]
-
-[Footnote 38: _Ibid._ p. 159.]
-
-[Footnote 39: Laing, _Notes of a Traveller_, pp. 323, 324, 333.]
-
-[Footnote 40: Robertson, _History of the Reign of the Emperor
-Charles V._ i. 282 _sq._]
-
-[Footnote 41:  Smollett, quoted by Kames, _Sketches of the
-History of Man_, iv. 380.]
-
-[Footnote 42: Simonde de Sismondi, _Histoire des républiques
-italiennes du moyen-âge_, xvi. 419.]
-
-It should also be remembered that the religious sanction of moral
-rules only too often leads to an external observance of these
-rules from purely selfish motives. Christianity itself has,
-essentially, been regarded as a means of gaining a blessed
-hereafter. As for its influence upon the moral life of its
-adherents I agree with Professor Hobhouse that its chief strength
-lies not in its abstract doctrines but in the simple personal
-following of Christ.[43] In moral education example plays a more
-important part than precept. But even in this respect
-Christianity has unfortunately little reason to boast of its
-achievements.
-
-[Footnote 43: Hobhouse, _Morals in Evolution_, ii. 159.]
-
-
-
-
-CHAPTER LIII
-
-CONCLUSION
-
-
-WE have completed our task. Only a few words will be added to
-emphasise the leading features of our theory of the moral
-consciousness and to point out some general conclusions which may
-be drawn as regards its evolution.
-
-Our study of the origin and development of the moral ideas was
-divided into three main sections. As moral ideas are expressed in
-moral judgments, we had to examine the general nature of both the
-predicates and the subjects of such judgments, as well as the
-moral valuation of the chief branches of conduct with which the
-moral consciousness of mankind concerns itself. And in each case
-our aim was not only to describe or analyse but also to explain
-the phenomena which came under our observation.
-
-The theory was laid down that the moral concepts, which form the
-predicates of moral judgments, are ultimately based on moral
-emotions, that they are essentially generalisations of tendencies
-in certain phenomena to call forth either indignation or
-approval. It was therefore necessary for us to investigate the
-nature and origin of these emotions, and subsequently to consider
-their relations to the various moral concepts.
-
-We found that the moral emotions belong to a wider class of
-emotions, which may be described as retributive; that moral
-disapproval is a kind of resentment, akin to {739} anger and
-revenge, and that moral approval is a kind of retributive kindly
-emotion, akin to gratitude. At the same time they differ from
-kindred non-moral emotions by their disinterestedness, apparent
-impartiality, and flavour of generality. As for the origin of the
-retributive emotions, we may assume that they have been acquired
-by means of natural selection in the struggle for existence; both
-resentment and retributive kindly emotion are states of mind
-which have a tendency to promote the interests of the individuals
-who feel them. This explanation also applies to the moral
-emotions in so far as they are retributive: it accounts for the
-hostile attitude of moral disapproval towards the cause of pain,
-and for the friendly attitude of moral approval towards the cause
-of pleasure. Our retributive emotions are always reactions
-against pain or pleasure felt by ourselves; this holds true of
-the moral emotions as well as of revenge and gratitude. But how
-shall we explain those elements in the moral emotions by which
-they are distinguished from other, non-moral retributive
-emotions? First, why should we, quite disinterestedly, feel pain
-evoking indignation because our neighbour is hurt, and pleasure
-calling forth approval because he is benefited?
-
-We noticed that sympathy aided by the altruistic sentiment--sympathy
-in the common sense of the word--tends to produce disinterested
-retributive emotions. In all animal species which possess the
-altruistic sentiment in some form or other we may be sure to find
-sympathetic resentment as its accompaniment. And this sentiment
-may also give rise to disinterested retributive kindly emotion,
-even though it is more readily moved by the sight of pain than by
-the sight of pleasure and though sympathetic retributive
-kindliness has a powerful rival in the feeling of envy. Moreover,
-sympathetic retributive emotions may not only be reactions
-against sympathetic pain or pleasure, but may also be directly
-produced by the cognition of the signs of resentment or of the
-signs of retributive kindliness. Punishments and {740} rewards
-tend to reproduce the emotions from which they sprang, and
-language communicates retributive emotions by terms of
-condemnation and by terms of praise. Finally, there are cases of
-disinterested retributive emotions into which sympathy does not
-enter at all--sentimental antipathies and likings quite
-disinterested in character.
-
-There are thus various ways in which disinterested retributive
-emotions may originate. But how shall we explain the fact that
-disinterestedness together with apparent impartiality and the
-flavour of generality have become characteristics by which the
-so-called moral emotions are distinguished from other retributive
-emotions? To this question the following answer was
-given:--Society is the birthplace of the moral consciousness. The
-first moral judgments expressed not the private emotions of
-isolated individuals but emotions which were felt by the
-community at large. Public indignation is the prototype of moral
-disapproval and public approval the prototype of moral
-approbation. And these public emotions are characterised by
-generality, individual disinterestedness, and apparent
-impartiality.
-
-The moral emotions give rise to a variety of moral concepts,
-which are in different ways connected with the emotions from
-which they were derived. Thus moral disapproval is at the bottom
-of the concepts bad, vice, and wrong, ought and duty, right and
-rights, justice and injustice; whilst moral approval has led to
-the concepts good, virtue, and merit. It has, in particular, been
-of fundamental importance for the whole of our investigation to
-recognise the true contents of the notions of ought and duty. If
-these concepts were unanalysable, as they have often been
-represented to be, any attempt to explain the origin and
-development of the moral ideas would, in my opinion, be a
-hopeless failure.
-
-From the predicates of moral judgments we proceeded to consider
-their subjects. Generally speaking, such judgments are passed on
-conduct or character, and {741} allowance is made for the various
-elements of which conduct and character are composed in
-proportion as the moral judgment is scrutinising and enlightened.
-It is only owing to ignorance or lack of due reflection if, as is
-often the case, moral estimates are influenced by external events
-which are entirely independent of the agent's will; if
-individuals who are incapable of recognising any act of theirs as
-right or wrong are treated as responsible beings; if motives are
-completely or partially disregarded; if little cognisance is
-taken of forbearances in comparison with acts; if want of
-foresight or want of self-restraint is overlooked when the effect
-produced by it is sufficiently remote. We were also able to
-explain _why_ moral judgments are passed on conduct and
-character. This is due to the facts that moral judgments spring
-from moral emotions; that the moral emotions are retributive
-emotions; that a retributive emotion is a reactive attitude of
-mind, either kindly or hostile, towards a living being (or
-something looked upon in the light of a living being), regarded
-as a cause of pleasure or as a cause of pain; and that a living
-being is regarded as a true cause of pleasure or pain only in so
-far as this feeling is assumed to be caused by its will. It is a
-circumstance of the greatest importance that not only moral
-emotions but non-moral retributive emotions are felt with
-reference to phenomena exactly similar in their general nature to
-those on which moral judgments are passed. How could we account
-for this remarkable coincidence unless the moral judgments were
-based on emotions and the moral emotions were retributive
-emotions akin to gratitude and revenge?
-
-Our theory as to the nature of the moral concepts and emotions is
-further supported by another and very comprehensive set of facts.
-In our discussion of the particular modes of conduct which are
-subject to moral valuation and of the judgments passed on them by
-different peoples and in different ages, this theory has
-constantly been called in to explain the data before us. It is
-noteworthy that the very acts, forbearances, and omissions {742}
-which are condemned as wrong are also apt to call forth anger and
-revenge, and that the acts and forbearances which are praised as
-morally good are apt to call forth gratitude. This coincidence,
-again, undoubtedly bears testimony both to the emotional basis of
-the moral concepts and to the retributive character of the moral
-emotions. Thus the conclusions arrived at in the first section of
-the work, while helping to explain the facts mentioned in the two
-other sections, are at the same time greatly strengthened by
-these facts. Any attempt to discover the nature and origin of the
-moral consciousness must necessarily take into account the moral
-ideas of mankind at large. And though painfully conscious of the
-incompleteness of the present treatise, I think I may confidently
-ask, with reference to its fundamental thesis, whether any other
-theory of the moral consciousness has ever been subjected to an
-equally comprehensive test.
-
-The general uniformity of human nature accounts for the great
-similarities which characterise the moral ideas of mankind. But
-at the same time these ideas also present radical differences. A
-mode of conduct which among one people is condemned as wrong is
-among another people viewed with indifference or regarded as
-praiseworthy or enjoined as a duty. One reason for these
-variations lies in different external conditions. Hardships of
-life may lead to the killing of infants or abandoning of aged
-parents or eating of human bodies; and necessity and the force of
-habit may deprive these actions of the stigma which would
-otherwise be attached to them. Economic conditions have
-influenced moral ideas relating, for instance, to slavery,
-labour, and cleanliness; whilst the form of marriage and the
-opinions concerning it have been largely determined by such a
-factor as the numerical proportion between the sexes. But the
-most common differences of moral estimates have undoubtedly a
-psychical origin.
-
-When we examine the moral rules of uncivilised races we find that
-they in a very large measure resemble those prevalent among
-nations of culture. In every savage {743} community homicide is
-prohibited by custom, and so is theft. Savages also regard
-charity as a duty and praise generosity as a virtue--indeed,
-their customs concerning mutual aid are often much more stringent
-than our own; and many uncivilised peoples are conspicuous for
-their aversion to telling lies. But at the same time there is a
-considerable difference between the regard for life, property,
-truth, and the general wellbeing of a neighbour, which displays
-itself in primitive rules of morality and that which is found
-among ourselves. Savages' prohibitions of murder, theft, and
-deceit, as also their injunctions of charity and kind behaviour,
-have, broadly speaking, reference only to members of the same
-community or tribe. They carefully distinguish between an act of
-homicide committed among their own people and one where the
-victim is a stranger; whilst the former is in ordinary
-circumstances disapproved of, the latter is in most cases allowed
-and often considered worthy of praise. And the same thing holds
-true of theft and lying and other injuries. Apart from the
-privileges which are granted to guests, and which are always of
-very short duration, a stranger is in early society devoid of all
-rights. This is the case not only among savages but among nations
-of archaic culture as well. When we from the lower races pass to
-peoples more advanced in civilisation we find that the social
-unit has grown larger, that the nation has taken the place of the
-tribe, and that the circle of persons within which the infliction
-of injuries is prohibited has extended accordingly. But the old
-distinction between offences against compatriots and harm done to
-foreigners remains. Nay, it survives to some extent even among
-ourselves, as appears from the prevailing attitude towards war
-and the readiness with which wars are waged. But although the
-difference between a fellow countryman and a foreigner has not
-ceased to affect the moral feelings of men even in the midst of
-modern civilisation, its influence has certainly been decreasing.
-The doctrine has been set forth, and has been gradually gaining
-ground, that our duties towards our {744} fellow men are
-universal duties, not restricted by the limits of country or
-race. Those who recognise the emotional origin of the rules of
-duty find no difficulty in explaining all these facts. The
-expansion of the commandments relating to neighbours coincides
-with the expansion of the altruistic sentiment. And the cause of
-this coincidence at once becomes clear when we consider that such
-commandments mainly spring from the emotion of sympathetic
-resentment, and that sympathetic resentment is rooted in the
-altruistic sentiment.
-
-Besides the extension of duties towards neighbours so as to
-embrace wider and wider circles of men, there is another point in
-which the moral ideas of mankind have undergone an important
-change on the upward path from savagery and barbarism to
-civilisation. They have become more enlightened. Though moral
-ideas are based upon emotions, though all moral concepts are
-essentially generalisations of tendencies in certain phenomena to
-call forth moral approval or disapproval, the influence of
-intellectual considerations upon moral judgments is naturally
-very great. All higher emotions are determined by cognitions--sensations
-or ideas; they therefore vary according as the cognitions vary,
-and the nature of a cognition may very largely depend upon
-reflection or insight. If a person tells us an untruth we are apt
-to feel indignant; but if, on due reflection, we find that his
-motive was benevolent, for instance a desire to save the life of
-the person to whom the untruth was told, our indignation ceases,
-and may even be succeeded by approval. The change of cognitions,
-or ideas, has thus produced a change of emotions. Now, the
-evolution of the moral consciousness partly consists in its
-development from the unreflecting to the reflecting stage, from
-the unenlightened to the enlightened. This appears from the
-decreasing influence of external events upon moral judgments and
-from the growing discrimination with reference to motives,
-negligence, and other factors in conduct which are carefully
-considered by a scrupulous judge. More penetrating reflection has
-also reduced {745} the part played by disinterested likes and
-dislikes in the formation of moral ideas. When we clearly realise
-that a certain act is productive of no real harm but is condemned
-simply because it causes aversion or disgust, we can hardly look
-upon it as a proper object of moral censure--unless, indeed, its
-commission is considered to imply a blamable disregard for other
-persons' sensibilities. Deliberate resentment, whether moral or
-non-moral, is too much concerned with the will of the agent to be
-felt towards a person who obviously neither intends to offend
-anybody nor is guilty of culpable oversight. Nay, even when the
-agent knows that his behaviour is repulsive to others, he may be
-considered justified in acting as he does. Some degree of
-reflection easily leads to the notion that sentimental
-antipathies are no sufficient ground for interfering with other
-individuals' liberty of action either by punishing them or by
-subjecting them to moral censure, provided of course that they do
-not in an indelicate manner shock their neighbours' feelings.
-Hence many persons have recourse to utilitarian pretexts to
-support moral opinions or legal enactments which have originated
-in mere aversions; thus making futile attempts to reconcile old
-ideas with the requirements of a moral consciousness which is
-duly influenced by reflection.
-
-In innumerable cases the variations of moral estimates are due to
-differences of beliefs. Almost every chapter of this work has
-borne witness to the enormous influence which the belief in
-supernatural forces or beings or in a future state has exercised
-upon the moral ideas of mankind, and has at the same time shown
-how exceedingly varied this influence has been. Religion, or
-superstition (as the case may be), has on the one hand
-stigmatised murder and suicide, on the other hand it has
-commended human sacrifice and certain cases of voluntary
-self-destruction. It has inculcated humanity and charity, but has
-also led to cruel persecutions of persons embracing another
-creed. It has emphasised the duty of truthspeaking, and has
-itself been a cause of pious fraud. It has promoted {746} both
-cleanly habits and filthiness. It has enjoined labour and
-abstinence from labour, sobriety and drunkenness, marriage and
-celibacy, chastity and temple prostitution. It has introduced a
-great variety of new duties and virtues, quite different from
-those which are recognised by the moral consciousness when left
-to itself, but nevertheless in many cases considered more
-important than any other duties or virtues. It seems that the
-moral ideas of uncivilised men are more affected by magic than by
-religion, and that the religious influence has reached its
-greatest extension at certain stages of culture which, though
-comparatively advanced, do not include the highest stage.
-Increasing knowledge lessens the sphere of the supernatural, and
-the ascription of a perfectly ethical character to the godhead
-does away with moral estimates which have sprung from less
-elevated religious conceptions.
-
-I have here pointed out only the most general changes to which
-the moral ideas have been subject in the course of progressive
-civilisation; the details have been dealt with each in their
-separate place. There can be no doubt that changes also will take
-place in the future, and that similar causes will produce similar
-effects. We have every reason to believe that the altruistic
-sentiment will continue to expand, and that those moral
-commandments which are based on it will undergo a corresponding
-expansion; that the influence of reflection upon moral judgments
-will steadily increase; that the influence of sentimental
-antipathies and likings will diminish; and that in its relation
-to morality religion will be increasingly restricted to
-emphasising ordinary moral rules, and less preoccupied with
-inculcating special duties to the deity.
-
-
-
-
-ADDITIONAL NOTES TO VOL. II
-
-
-P. 287, _n._ 6.--The connection between the Hebrew Sabbath and
-the moon has been fully discussed by Professor Webster in his
-recent book, _Rest Days_, ch. viii.
-
-P. 377, _n._ 1.--In his book, _Totemism and Exogamy_, Sir J. G.
-Frazer has definitely separated exogamy from totemism and
-thereby, it is to be hoped, saved us from further speculations
-about the totemic origin of the exogamous rules. Like myself,
-Frazer thinks (iv. 105 _sqq._) that these rules have sprung from
-an aversion to the marriages of near kin. But whilst my own
-belief is that the aversion to such marriages through an
-association of ideas led to the prohibitions of marriage between
-members of the same clan on account of the notion of intimacy
-connected with a common descent and a common name, Frazer is of
-opinion that exogamy was deliberately instituted for the purpose
-of preventing the sexual unions of near kin. To me it seems
-almost inconceivable that the extensive, cumbersome, and
-sometimes very complicated institution of exogamy should have
-been invented simply as a precaution against unions between the
-nearest relatives.
-
-Granting the prevalence of an aversion to the marriages of near
-kin, Frazer is confronted with the question how it has
-originated. His answer is, "We do not know and it is difficult
-even to guess." Yet he makes a cautious attempt to solve the
-riddle. He observes (iv. 156 _sqq._) that the great severity with
-which incest is generally punished by savages seems to show that
-they believe it to be a crime which endangers the whole
-community. It may have been thought to render the women of the
-tribe sterile and to prevent animals and plants from multiplying;
-such beliefs, Frazer remarks, appear in point of fact to have
-been held by many races in different parts of the world. But he
-admits himself that all the peoples who are known to hold them
-seem to be agricultural, and that incest is in particular
-supposed to have a sterilising effect on the crops. It is indeed
-a poor argument to conjecture that a careful search among the
-most primitive exogamous peoples now surviving, especially among
-the Australian aborigines, might still reveal the existence of a
-belief in the sterilising or injurious effects of incest "upon
-women generally and particularly upon edible animals and plants."
-It may also be asked if it really is reasonable to presume that
-an aversion which had originated in the superstition mentioned
-could have remained unimpaired among all the civilised nations of
-the world. Moreover, if this superstition were the root of the
-aversion to incest, we should still have to explain the origin of
-the superstition itself, and this Frazer has not even attempted
-to do. If, on the other hand, the abhorrence of incest has
-originated in the way I have suggested, the superstition which he
-is inclined to regard as the cause of that feeling is a very
-natural result of it or of the prohibition to which it gave rise.
-That this is the case is all the more probable because the same
-injurious effects as are attributed to incest are supposed to
-result from other sexual irregularities as well, such as adultery
-and fornication (_cf._ _supra_, ii. 417).
-
-Sir J. G. Frazer also subjects my theory to a detailed criticism
-(iv. 96 _sqq._). He admits that there seems to be some ground for
-believing in the existence of "a natural aversion to, or at least
-a want of inclination for, sexual intercourse between persons who
-have been brought up closely together {748} from early youth";
-but he finds it difficult to understand how this could have been
-changed into an aversion to sexual intercourse with persons near
-of kin, and maintains that, till I explain this satisfactorily,
-the chain of reasoning by which I support my theory breaks down
-entirely at the crucial point. For my own part I think that the
-transition which Frazer finds so difficult to understand is not
-only possible and natural, but well-nigh proved by an exactly
-analogous case of equally world-wide occurrence and of still
-greater social importance, namely, the process which has led to
-the association of all kinds of social rights and duties with
-kinship. As I have pointed out above (ch. xxxiv.), the maternal
-and paternal sentiments, which largely are at the bottom of
-parental duties and rights, cannot in their simplest forms be
-based on a knowledge of blood relationship, but respond to
-stimuli derived from other circumstances, notably the proximity
-of the helpless young, that is, the external relationship in
-which the offspring from the beginning stand to the parents. Nor
-is the so-called filial love in the first instance rooted in
-considerations of kinship; it is essentially retributive, the
-agreeable feeling produced by benefits received making the
-individual look with pleasure and kindliness upon the giver. Here
-again the affection is ultimately due to close living together,
-and is further strengthened by it, as appears from the cooling
-effect of long separation of children from their parents. So also
-fraternal love and the duties and rights which have sprung from
-it depend in the first place on other circumstances than the idea
-of a common blood; and the same may be said of the tie which
-binds together relatives more remotely allied. Its social force
-is ultimately derived from near relatives' habit of living
-together. "Men became gregarious by remaining in the circle where
-they were born; if, instead of keeping together with their
-kindred, they had preferred to isolate themselves or to unite
-with strangers, there would certainly be no blood-bond at all.
-The mutual attachment and the social rights and duties which
-resulted from this gregarious condition were associated with the
-relation in which members of the group stood to one another--the
-relation of kinship as expressed by a common name--and these
-associations might last even after the local tie was broken,"
-being kept up by the common name (_supra_, ii. 203).
-
-Here we have an immense group of facts which, though ultimately
-depending upon close living together, have been interpreted in
-terms of kinship. Why, then, could not the same have been the
-case with the aversion to incest and the prohibitory rules
-resulting from it? They really present a most striking analogy to
-the instances just mentioned. They have been associated with
-kinship because near relatives normally live together. They have
-come to include relatives more remotely allied who do not live
-together, owing to an association of ideas, especially through
-the influence of a common name; clan exogamy has its counterpart,
-for instance, in the blood feud as a duty incumbent on the whole
-clan. But there are also cases in which marriages between
-unrelated persons who have been brought up together in the same
-family, or who belong to the same local group, are held blamable
-or are actually prohibited; and so there are, even in early
-society, social rights and duties which are associated not with a
-common descent but with close living together. Frazer asks: "If
-the root of the whole matter is a horror of marriage between
-persons who have always lived with each other, how comes it that
-at the present day that horror has been weakened into a mere
-general preference for marriage with persons whose attractions
-have not been blunted by long familiarity? . . . Why should the
-marriage of a brother with a sister, or of a mother with a son,
-excite the deepest detestation, . . . while the origin of it all,
-the marriage between housemates, should excite at most a mild
-surprise too slight probably to suggest even a subject for a
-farce, and should be as legitimate in the eye of the law among
-all civilised nations as any other marriage?" For my own part, I
-believe that marriage between a man and his foster-daughter or
-between a foster-brother {749} and a foster-sister, in case the
-social relations between them have been exactly similar to those
-of blood-relatives of corresponding degrees, would cause more
-than a mild surprise, and appear unnatural and objectionable. As
-I have said above (ii. 375), I do not deny that unions between
-the nearest blood-relatives inspire a horror of their own, but it
-seems quite natural that they should do so considering that from
-earliest times the aversion to sexual intercourse between persons
-living closely together has been expressed in prohibitions
-against unions between kindred. Nor can it be a matter of
-surprise that the prohibitory rules so commonly refer to
-marriages of kindred alone. Law only takes into account general
-and well-defined cases, and hence relationships of some kind or
-other between persons who are nearly always kindred are defined
-in terms of blood-relationship. This is true not only of the
-prohibitions of incest, but of many duties and rights inside the
-family circle.
-
-Sir J. G. Frazer raises another objection to my theory. He argues
-that, if exogamy resulted from a natural instinct, there would be
-no need to reinforce that instinct by legal pains and penalties;
-the law only forbids men to do what their instincts incline them
-to do, and hence we may always safely assume that crimes
-forbidden by law are crimes which many men have a natural
-propensity to commit. I must confess that this argument greatly
-surprises me. Of course, where there is no transgression there is
-no law. But Frazer cannot be ignorant of the variability of
-instincts and of the great variability of the sexual instinct;
-nor should he forget that there are circumstances in which a
-natural sentiment may be blunted and overcome. Would he maintain
-that there can be no deep natural aversion to bestiality because
-bestiality is forbidden by law, and that the exceptional severity
-with which parricide is treated by many law books proves that a
-large number of men have a natural propensity to kill their
-parents? The law expresses the feelings of the majority and
-punishes acts that shock them.
-
-Sir J. G. Frazer accuses me of having extended Darwin's methods
-to subjects which only partially admit of such treatment, because
-my theory of the origin of exogamy attempts to explain the growth
-of a human institution "too exclusively from physical and
-biological causes without taking into account the factors of
-intelligence, deliberation, and will." This, he adds, is "not
-science, but a bastard imitation of it." What have I done to
-incur so severe an accusation? I have suggested that the
-instinctive aversion to sexual intercourse between persons who
-have been living very closely together from early youth may be
-the result of natural selection. I am inclined to think--and so
-is Frazer--that consanguineous marriages are in some way or other
-detrimental to the species. This fact would lead to the
-development of a sentiment which would be powerful enough, as a
-rule, to prevent injurious unions--a sentiment which would not,
-of course, show itself as an innate aversion to sexual
-connections with near relatives as such, but as an aversion on
-the part of individuals to union with others with whom they lived
-closely together from early childhood. These, as a matter of
-fact, would be blood-relations, and the result would consequently
-be the survival of the fittest. All that I have done, then, is to
-appeal to natural selection to explain the origin of a primeval
-instinctive sentiment; and I can never believe that this is to
-transgress the legitimate boundaries of Darwinism.
-
-Sir J. G. Frazer himself thinks that "we may safely conclude that
-infertility is an inevitable consequence of inbreeding continued
-through many generations in the same place and under the same
-conditions," and in support of this view he quotes the valuable
-opinions of Mr. Walter Heape and Mr. F. H. A. Marshall. He thus
-finds that the principles of exogamy present "a curious
-resemblance" to the principles of scientific breeding, but he
-rightly assumes that this analogy cannot be due to any exact
-knowledge or farseeing care on the part of its savage founders.
-How then shall we explain this analogy? Frazer's answer is that
-"it must be an accidental {750} result of a superstition, an
-unconscious mimicry of science." In prohibiting incest the poor
-savages "blindly obeyed the impulse of the great evolutionary
-forces which in the physical world are constantly educing higher
-out of lower forms of existence and in the moral world
-civilisation out of savagery. If that is so, exogamy has been an
-instrument in the hands of that unknown power, the masked wizard
-of history, who by some mysterious process, some subtle alchemy,
-so often transmutes in the crucible of suffering the dross of
-folly and evil into the fine gold of wisdom and good." I hope it
-will not be considered uncalled-for impertinence on my part to
-ask if this reasoning is a specimen of what Frazer regards as
-science proper in contradistinction to my own "bastard imitation
-of it"?
-
-In any attempt to explain the origin of exogamy there are, in my
-opinion, three parallel groups of facts of general occurrence
-which necessarily must be taken into consideration:--Firstly, the
-prohibitions of incest and rules of exogamy themselves; secondly,
-the aversion to sexual intercourse between persons living
-together from early youth; thirdly, the injurious consequences of
-inbreeding. As for the facts of the first group, Frazer and I
-agree that they all have the same root, exogamy being in some way
-or other derived from an aversion to the marriages of near kin.
-As for the facts of the second group, Frazer at all events admits
-that "there seems to be some ground" for believing in them. As
-for the facts of the third group, there is complete agreement
-between us. I ask: Is it reasonable to think that there is no
-causal connection between these three groups of facts? Is it
-right to ignore the second group altogether, as does Frazer, and
-to look upon the coincidence of the first and the third as
-accidental? I gratefully acknowledge that Frazer's chapter on the
-Origin of Exogamy has only strengthened my belief in my own theory.
-
-Other objections to my theory have recently been made by Messrs.
-Hose and McDougall in their work on _The Pagan Tribes of Borneo_,
-vol. ii., p. 197, note. They observe that intercourse between a
-youth and his sister-by-adoption is not regarded as incest in
-these tribes, and that they know at least one instance of
-marriage between two young Kenyahs brought up together as adopted
-brother and sister. "This occurrence of incest between couples
-brought up in the same household," they say, "is, of course,
-difficult to reconcile with Professor Westermarck's well-known
-theory of the ground of the almost universal feeling against
-incest, namely, that it depends upon sexual aversion or
-indifference engendered by close proximity during childhood."
-They moreover maintain that "the occurrence of incest between
-brothers and sisters, and the strong feeling of the Sea Dyaks
-against incest between nephew and aunt (who often are members of
-distinct communities)," are facts which are fatal to this theory.
-
-In my attempt to explain the rules against incest I certainly did
-not overlook the fact that these rules very frequently have
-reference to persons who are, or may be, members of different
-communities, and I found no difficulty in accounting for it (see
-_supra_, ii. 369; _History of Human Marriage_, p. 330 _sq._).
-Curiously enough Messrs. Hose and McDougall's own attempt to
-solve the problem is, if I understand them rightly, based on the
-supposition that the prohibitions of intermarriage originally
-referred to persons who belonged to the same community. They
-write:--"If we accept some such view of the constitution of
-primitive society as has been suggested by Messrs. Atkinson and
-Lang (_Primal Law_), namely, that the social group consisted of a
-single patriarch and a group of wives and daughters, over all of
-whom he exercised unrestricted power or rights; we shall see that
-the first step towards the constitution of a higher form of
-society must have been the strict limitation of his rights over
-certain of the women, in order that younger males might be
-incorporated in the society and enjoy the undisputed possession
-of them. The patriarch, having accepted this limitation of his
-rights over his daughters for the sake of the greater security
-and strength of the band given by the inclusion of a {751}
-certain number of young males, would enforce all the more
-strictly upon them his prohibition against any tampering with the
-females of the senior generation. Thus very strict prohibitions
-and severe penalties against the consorting of the patriarch with
-the younger generation of females, _i.e._ his daughters, and
-against intercourse between the young males admitted to
-membership of the group and the wives of the patriarch, would be
-the essential conditions of advance of social organisation. The
-enforcement of these penalties would engender a traditional
-sentiment against such unions, and these would be the unions
-primitively regarded as incestuous. The persistency of the
-tendency of the patriarch's jealousy to drive his sons out of the
-family group as they attained puberty would render the extension
-of this sentiment to brother-and-sister unions easy and almost
-inevitable. For the young male admitted to the group would be one
-who came with a price in his hand to offer in return for the
-bride he sought. Such a price could only be exacted by the
-patriarch on the condition that he maintained an absolute
-prohibition on sexual relations between his offspring so long as
-the young sons remained under his roof." I should like to know
-how Messrs. Hose and McDougall, on the basis of this theory,
-would explain "the strong feeling of the Sea Dyaks against incest
-between nephew and aunt (who often are members of distinct
-communities)," and, generally speaking, the rules prohibiting the
-intermarriage of persons belonging to different local groups. For
-the rest, I must confess that the assumptions on which their
-whole theory rests seem to me extremely arbitrary. Brothers are
-prohibited from marrying their sisters because the old patriarch
-drove away his grown-up sons out of jealousy; but his jealousy
-was not strong enough to prevent other young males from joining
-the band. On the contrary, he allowed them to be incorporated in
-it, because they added to its strength; nay, he gave them his own
-daughters in marriage, and refrained henceforth himself from
-intercourse with these young women so rigorously that ever since
-a father has been prohibited from marrying his daughter. But the
-young men had to pay a price for their wives. It may be asked:
-Why did not the old patriarch accept a price from his own sons or
-let them work for him, instead of mercilessly turning them out of
-their old home, although they would have been just as good
-protectors of it as anybody else? And why did he give the young
-men his _daughters_? He might have kept the young women for
-himself and let the young men have the old ones. This is what is
-done by the old men in Australia, where the young girls are, as a
-rule, allotted to old men, and the boys, whenever they are
-allowed to marry, get old _lubras_ as wives (Malinowski, _The
-Family among the Australian Aborigines_, p. 259 _sqq._). Yet, in
-spite of this custom, there is no country where incest has been
-more strictly prohibited than in Australia.
-
-Messrs. Hose and McDougall maintain that the occurrence of incest
-between brothers and sisters and the feeling of the Sea Dyaks
-against incest between nephew and aunt are facts which seem "to
-point strongly to the view that the sentiment has a purely
-conventional or customary source." I ask: Is it reasonable to
-suppose that, if this were the case, the feeling against sexual
-intercourse between the nearest relatives could have so long
-survived the conditions from which it sprang without showing any
-signs of decay? As I have pointed out above, the prohibited
-degrees are very differently defined in the customs or laws of
-different peoples, generally being more numerous among peoples
-unaffected by modern civilisation than they are in more advanced
-communities; and it appears that the extent to which relatives
-are prohibited from intermarrying is closely connected with the
-intimacy of their social relations. Whilst among ourselves
-cousins are allowed to intermarry, there is still a strong
-sentiment against intercourse between parents and children and
-between brothers and sisters, who in normal cases belong to the
-same family circle. Why should the feeling against incest have
-survived in this case but not in others, if it had a purely
-conventional origin? And how could any law {752} based on
-convention alone account for the normal absence of erotic
-feelings in the relation between parents and children and
-brothers and sisters? It is true that cases of intercourse
-between the nearest relatives do occur, but they are certainly
-quite exceptional. Messrs. Hose and McDougall say themselves (p.
-198) that "incest of any form is very infrequent" among the
-tribes of Borneo, and they seem to know of only one instance of
-marriage between young Kenyahs brought up together as adopted
-brother and sister, although such marriages are allowed. To
-maintain that cases of this kind are fatal to my theory seems to
-me as illogical as it would be to assume that the occurrence of a
-_horror feminæ_ in many men disproves the general prevalence of a
-feeling of love between the sexes.
-
-P. 396, _n._ 1.--In his recent work, _The Family among the
-Australian Aborigines_, Dr. Malinowski has come to the same
-conclusion. He observes that the individual family plays a
-foremost part in the social life of those aborigines; it has a
-very firm basis in their customs and ideas, and "by no means
-bears the features of anything like recent innovation, or a
-subordinate form subservient to the idea of group marriage." The
-Australian husband had generally a definite sexual "over-right"
-over his wife, which secured to him the privilege of disposing of
-her, or at least of exercising a certain control over her conduct
-in sexual matters, even though this "over-right" did not, as a
-rule, amount to an exclusive right. There were customs like
-wife-lending, exchange of wives, ceremonial defloration of girls
-by old men, the different forms of licence practised at large
-tribal gatherings, and especially the _Pirrauru_ relationship
-found in several of the southern central tribes. But all this
-does not constitute group _marriage_, the complete content of
-which does not consist in sexual relations alone. Dr. Malinowski
-emphasises the fact that marriage cannot be detached from family
-life; "it is defined in all its aspects by the problems of the
-economic unity of the family, of the bonds created by common life
-in one wurley, through the common rearing of, and affection
-towards, the offspring." In nearly all these respects even the
-_Pirrauru_ relationship essentially differs from marriage, and
-cannot, therefore, seriously encroach upon the individual family.
-Nor can we regard this relationship as a survival of previous
-group marriage. Dr. Malinowski also points out (p. 89 _sq._) how
-highly objectionable it is that "our best informants (especially
-Howitt and Spencer and Gillen) describe the facts of sexual life
-of to-day in terms of their hypothetical assumptions."
-
-P. 419, _n._ 5.--For Moorish beliefs relating to contact between
-sexual uncleanness and holiness see my essays, _The Moorish
-Conception of Holiness (Baraka)_, p. 123 _sqq._, and _Ceremonies
-and Beliefs connected with Agriculture, certain Dates of the
-Solar Year, and the Weather in Morocco_, pp. 17, 22, 23, 28, 46,
-47, 54.
-
-P. 463, _n._ 8.--During the years that have passed since the
-first edition of this book was issued, the study of homosexuality
-has been carried on with remarkable activity. The following books
-are exclusively devoted to this subject:--_Das gleichgeschlechtliche
-Leben der Naturvölker_, by F. Karsch-Haack (1911), _Intermediate
-Types among Primitive Folk_, by Edward Carpenter (1914), and _Die
-Homosexualität des Mannes und des Weibes_, by Magnus Hirschfeld
-(1914). Carpenter's book chiefly deals with the invert in early
-religion and in warfare. Hirschfeld's work is a veritable
-encyclopædia of homosexuality--according to Dr. Havelock Ellis,
-"not only the largest but the most precise, detailed, and
-comprehensive--even the most condensed--work which has yet
-appeared on the subject." In 1915 Dr. Havelock Ellis issued a
-third, revised and enlarged, edition of his _Sexual Inversion_.
-
-P. 485, _n._ 1.--This passage and, generally, the suggestion that
-there is a certain relationship between the social reaction
-against homosexuality {753} and against infanticide, have been
-excluded from the last edition of Dr. Havelock Ellis's book.
-
-P. 584, _n._ 1.--There is hardly any subject which during the
-last four or five years has been more eagerly discussed by
-students of social anthropology than the relation between
-religion and magic. It has been dealt with, _e.g._, by Sir J. G.
-Frazer in _The Magic Art_, by Professor Durkheim in _Les formes
-élémentaires de la vie religieuse_, by Dr. Marett in _The
-Threshold of Religion_ and other writings, by Dr. Irving King in
-_The Development of Religion_, by Professor Leuba in _A
-Psychological Study of Religion_, by Mr. Sidney Hartland in
-_Ritual and Belief_, and by the present Archbishop of Sweden,
-Nathan Söderblom, in his book _Gudstrons uppkomst_. According to
-the French school of sociologists, religion is social in its aims
-and magic antisocial; and this distinction has lately been
-accepted by Dr. Marett, who writes (_Anthropology_, p. 209
-_sq._): "Magic I take to include all bad ways, and religion all
-good ways, of dealing with the supernormal--bad and good, of
-course, not as we may happen to judge them, but as the society
-concerned judges them." But this use of the terms is neither in
-agreement with traditional usage nor, in my opinion, suitable for
-the purpose of scientific classification. Besides black magic, or
-witchcraft, there is also white magic; even a medieval theologian
-like Albertus Magnus asserts that "magical science is not evil,
-since through knowledge of it evil can be avoided and good
-attained." The French distinction between magic and religion
-implies that a prayer to a god for the destruction of an enemy
-must be classified as religion if it is offered in a cause which
-is considered just by the community, but as magic if it is
-disapproved of. If a man makes a girl drink a love-potion in
-order to gain her favour, it is religion if their union is
-desirable from the society's point of view, but if he gives the
-same drink to another man's wife it is magic. The best part of
-what has been hitherto called imitative or hom[oe]opathic magic
-no longer remains magic at all; if water is poured out for the
-purpose of producing rain it is hom[oe]opathic magic only in case
-rain is not wanted by the community, but if it is done during a
-drought it is religion. Thus the very same practices are
-qualified as religious or magical according as they have social
-or antisocial ends; and, as Mr. Hartland rightly asks (_Ritual
-and Belief_, p. 76): "How shall we define these ends?"
-
-It should be added, however, that the definition of religion
-which I have given in the text has reference only to religion in
-the abstract, not to the various religions. In the popular sense
-of the word, a religion may include many practices which are what
-I have called magical. As I have said above (p. 649), "both
-Christianity in its earlier phases and Muhammedanism are full of
-magical practices expressly sanctioned by their theology."
-Although the magical and the strictly religious attitude differ
-from each other, they are not irreconcilable, and may therefore
-very well form parts of one and the same religion; there is no
-such thing as a magic being opposed to a religion. By a religion
-is generally understood a system of beliefs and rules of
-behaviour which have reference to men's relations to one or
-several supernatural beings whom they call their god or gods,
-that is, supernatural beings who are the objects of a regular
-cult and between whom and their worshippers there are established
-and permanent relationships. If it be admitted that the word
-religion may be thus legitimately used in two different senses, I
-think there is little ground left for further controversy on the
-subject. After all, sociologists may more profitably occupy their
-time than by continuous quarrelling about the meaning of terms.
-
-P. 608, _n._ 4.--In _The Dying God_, p. 204, _n._ 1, Sir J. G.
-Frazer writes: "There is a good deal to be said in favour of Dr.
-Westermarck's theory, which is supported in particular by the
-sanctity attributed to the regalia. But on the whole I see no
-sufficient reason to abandon the view adopted {754} in the text,
-and I am confirmed in it by the Shilluk evidence, which was
-unknown to Dr. Westermarck when he propounded his theory."
-
-According to Professor C. G. Seligman to whom Frazer is indebted
-for detailed information on the subject (_op. cit._ p. 17 _sqq._)
-it is a fundamental article of the Shilluk creed that the spirit
-of Nyakang, the divine or semi-divine hero who settled the
-Shilluk in their present territory and founded the dynasty of
-their kings, is incarnate in the reigning king, who is
-accordingly himself invested to some extent with the character of
-a divinity. But while the Shilluk hold their kings in high,
-indeed religious, reverence and take every precaution against
-their accidental death, nevertheless they cherish the conviction
-that the king must not be allowed to become ill or senile, lest
-with his diminishing vigour the cattle should sicken and fail to
-bear their increase, the crops should rot in the fields, and man,
-stricken with disease, should die in ever-increasing numbers. To
-prevent these calamities it used to be the regular custom with
-the Shilluk to put the king to death whenever he showed signs of
-ill-health or failing strength. Nay, from Dr. Seligman's
-enquiries it appears that even while the king was yet in the
-prime of health and strength he might at any time be attacked by
-a rival and have to defend his crown in a combat to the death.
-According to the common Shilluk tradition any son of a king had
-the right thus to fight the king in possession and, if he
-succeeded in killing him, to reign in his stead. Now "an
-important part of the solemnities attending the accession of a
-Shilluk king appears to be intended to convey to the new monarch
-the divine spirit of Nyakang, which has been transmitted from the
-founder of the dynasty to all his successors on the throne. For
-this purpose a sacred four-legged stool and a mysterious object
-which bears the name of Nyakang himself are brought with much
-solemnity from the shrine of Nyakang at Akurwa to the small
-village of Kwom near Fashoda, where the king elect and the chiefs
-await their arrival. The thing called Nyakang is said to be of
-cylindrical shape, some two or three feet long by six inches
-broad. The chief of Akurwa informed Dr. Seligman that the object
-in question is a rude wooden figure of a man, which was fashioned
-long ago at the command of Nyakang in person. We may suppose that
-it represents the divine king himself and that it is, or was
-formerly, supposed to house his spirit, though the chief of
-Akurwa denied to Dr. Seligman that it does so now. . . . The
-image of Nyakang is placed on the stool; the king elect holds one
-leg of the stool and an important chief holds another. . . . A
-bullock is killed and its flesh eaten by the men of certain
-families called _ororo_, who are said to be descended from the
-third of the Shilluk kings. Then the Akurwa men carry the image
-of Nyakang into the shrine, and the _ororo_ men place the king
-elect on the sacred stool, where he remains seated for some time,
-apparently till sunset. When he rises, the Akurwa men carry the
-stool back into the shrine, and the king is escorted to three new
-huts, where he stays in seclusion for three days. On the fourth
-night he is conducted quietly, almost stealthily, to his royal
-residence at Fashoda, and next day he shows himself publicly to
-his subjects."
-
-As regards this so-called evidence it should, first, be noticed
-that it is only Dr. Seligman's own conjecture that the mysterious
-object called Nyakang is or has been supposed to contain the
-spirit of the holy founder of the dynasty, and that this
-conjecture is expressly said to be opposed to the present beliefs
-of the natives. On the other hand it is obvious that the object
-in question is regarded as a holy object, and that its holiness,
-or a particle of it, is supposed to be transmitted to the new
-king through material contact--an idea which well agrees with my
-own theory. But even if the Shilluk had once believed that their
-king was a reincarnation of the spirit of Nyakang, that belief
-could hardly be regarded as a direct proof of the idea that the
-soul of the slain man-god is transmitted to his royal successor.
-The Shilluk believe that Nyakang, unlike his royal descendants of
-more recent times, did not die but simply disappeared.
-
-
-
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-
-
-
-SUBJECT INDEX
-
-
-ABLUTIONS, i. 53-56, ii. 294, 295, 352-354, 358-359, 415, 416, 726
-
-Abortion, i. 378, 408, 409, 413-417, ii. 705
-
-_Accessio_, ii. 50
-
-Accident, injuries due to, i. 217-240, 315, 316, 319, ii. 714;
-  benefits due to, i. 318 _sq._;
-  the future state of persons who have died by, ii. 238, 239, 241
-
-Acts, i. 203-206
-
-Adopted children, rules of inheritance relating to, ii. 46;
-  maternal affection for, ii. 187-189
-
-Adoption, of prisoners of war, i. 336;
-  of unintentional manslayers, i. 484;
-  the blood-covenant represented as a rite of, ii. 206 _sq._;
-  marriage between relations by, ii. 369, 374, 375, 748-750, 752
-
-Adultery, ii. 447-455;
-  punishment of, i. 189, 311, 492, 521, 630, ii. 447-45. 452,
-  453, 558;
-  self-redress in case of, i. 290-293, 491 _sq._, ii. 447;
-  as a ground for divorce or judicial separation, ii. 397, 455;
-  supposed to injure the harvest, ii. 417, 747;
-  stigmatised by religion, ii. 447, 448, 450, 453-455, 675, 676,
-  684, 686, 700, 717;
-  refuge denied to persons guilty of, ii. 632 _sq._
-
-Aesthetic emotions, i. 326
-
----- judgments, i. 8
-
-Affection. See Altruistic sentiment;
-  Conjugal, Filial, Fraternal, Marital, Maternal, Paternal,
-  Social affection
-
-Age, restrictions in diet depending on, ii. 319 _sq._ See
-Children, Old age, Old persons, Seniority
-
-Agricultural tribes, the position of women among, i. 660 _sq._;
-  slavery among, i. 673, 674, 681;
-  social aggregates of, ii. 201;
-  sympathy for domestic animals among, ii. 506, see Oxen
-
-Agriculture, originally a feminine pursuit, i. 634, 635 n. ^4, 637;
-  moral valuation of, ii. 273-277, 280, 402
-
-Albinos, religious veneration of, ii. 590
-
-All Souls, ii. 550
-
-All-father. See Supreme beings
-
-Alliance, prohibition of marriage between relations by, ii. 369, 377
-
-Alms, connection between sacrifices offered to gods and, i. 565-569;
-  between fasting and the giving of, ii. 316-318;
-  between offerings to the dead and, ii. 550-552;
-  to be given with an ungrudging eye, and not before witnesses,
-  i. 594.
-  See Charity
-
-Altruistic sentiment, the, its origin and development, ch. xxxiv.
-(ii. 186-228);
-  i. 94, 95, 110-114, 129, 373, 468, 559, ii. 494-506, 510-514.
-  See Conjugal, Filial, Fraternal, Marital, Maternal, Paternal,
-  Social affection
-
-Ancestors. See Dead
-
-Anger, the nature and origin of, i. 21-23, 30, 38-42;
-  in animals, i. 22, ii. 51;
-  in children, i. 22 _sq._;
-  towards inanimate things, i. 26, 27, 260-263, 315;
-  appeased by repentance, i. 87;
-  sympathetic resentment produced by the cognition of the signs
-  of, i. 114 _sq._;
-  injuries inflicted in, i. 290-298, 311, 316 _sq._;
-  a cause of suicide, ii. 233
-
-Animals, regard for the lower, ch. xliv. (ii. 490-514), i. 11 _sq._;
-  anger in, i. 22, ii. 51;
-  revenge taken upon, i. 26, 27, 251-253, 255, 256, 258;
-  revenge taken by, i. 37 _sq._;
-  self-regarding pride in, i. 39, ii. 137 _sq._;
-  retributive kindly emotion in, i. 94;
-  sympathetic resentment in, i. 112, ii. 52;
-  killing of sacred, i. 227, ii. 603-606, 609;
-  of totemic, ii. 210, 603, 604, 606;
-  {838} of various kinds of, see Killing;
-  eating of totemic, i. 227, ii. 210, 211, 323, 324, 606;
-  credited with a conscience, i. 249-251;
-  not responsible for their acts, i. 249-251;
-  treated as responsible agents, i. 251-260, 264, 308;
-  believed to take vengeance upon men, i. 252, 258, ii. 491, 497,
-  500, 502, 504, 603;
-  subject to regular punishment, ii. 253-260, 264, 308;
-  sexual intercourse between men and, i. 253 _sq._, ii. 409, 749;
-  believed to be rewarded or punished after death, i. 258 _sq._;
-  regarded as on a footing of equality with man, i. 258-260, ii.
-  494, 510;
-  non-moral resentment in the case of injuries inflicted by, i. 316;
-  sacrificed instead of human victims, i. 469 _sq._;
-  sacrificed for the purpose of saving the lives of men or of
-  other animals, i. 469 _sq._, ii. 616 _sq._;
-  their desire to appropriate and to keep that which has been
-  appropriated, ii. 51;
-  maternal affection among, ii. 186-190, 193;
-  paternal affection among, ii. 189, 190, 193;
-  conjugal attachment among, ii. 191 _sq._;
-  abstinence from eating various kinds of, ii. 319-335;
-  from eating any kind of, ii. 335-338, 499;
-  belief in the transmigration of human souls into, ii. 324, 328,
-  338, 490, 496, 500, 504, 516, 517, 693, 709 _sq._;
-  homosexual intercourse among, ii. 456, 466, 475 n. ^2;
-  their fear of strange phenomena, ii. 582 _sq._;
-  worship of, ii. 590, 598;
-  sheltered by sacred places, ii. 627-629, 631, 635
-
-Animism, ii. 595-597
-
-Annihilation of the soul, belief in the, ii. 236, 515, 516, 559,
-565, 580, 679
-
-Anthropomorphism, ii. 595, 597-600
-
-Antipathies, disinterested, i. 116, 117, 533, 713 _sq._, ii. 113,
-166, 185, 227, 262, 266-268, 291, 334, 335, 351, 368, 372-375,
-381, 382, 403, 404, 434, 439, 440, 483, 484, 744-746
-
-Antivivisectionists, ii. 512, 514
-
-Apes, the man-like, paternal care among, ii. 189 _sq._;
-  the duration of their conjugal unions, ii. 192;
-  not gregarious, ii. 195;
-  chiefly monogamous, ii. 391.
-  See Monkeys
-
-Arbitration, i. 368 _sq._
-
-Arms, stealing of, i. 287, ii. 14;
-  regarded with superstitious veneration, i. 506;
-  oaths taken upon, i. 506, ii. 119-121
-
-Arson, i. 187, 188, 293, 676, ii. 633
-
-Asceticism, ii. 281, 315-318, 355-363, 421
-
-Astronomical changes, abstinence from work connected with, ii.
-284-288, 747;
-  fasting connected with, ii. 309-315
-
-Asylums, ii. 628-638;
-  i. 221, 224, 295-297, 307, 308, 380, 427, 579, 580, 585, 668,
-  669, 690, 692, 696
-
-Atheism, ii. 643 _sq._
-
-Atonement. See Expiation, Expiatory sacrifice
-
----- the day (fast) of, i. 65, ii. 311, 312, 316, 357-359. 617
-
-Attempts to commit crimes, i. 200, 241-247, 374
-
-
-"BAD," analysis of the concept, i. 134
-
-Badger-baiting, ii. 509
-
-Bananas, abstinence from, ii. 321
-
-Banishment, as a punishment, i. 46, 58, 172, 173, 224, 225, 227,
-228, 267, 287, 312, 424, 601, ii. 4, 6, 7, 10, 12, 74, 123 n. ^1,
-331, 424, 425, 452, 475 n. ^10, 478, 525
-
-Baptism, i. 55, 411, 416, 417, 666, ii. 295, 417, 721-723
-
-Barrenness of a wife, human sacrifices offered in cases of, i.
-457 _sq._;
-  a cause of polygyny, ii. 388
-
-Bear-baiting, ii. 508-510
-
-Beating, as a religious rite, ii. 294, 357-359
-
-Beef, abstinence from, ii. 327, 330
-
-Bees, prohibition of killing, ii. 490
-
-Beliefs, as subjects of moral judgments, i. 215 _sq._
-
-Benefit of Clergy, i. 491
-
-Benevolence, ch. xxxiii. (ii. 153-185). See Charity, Hospitality
-
-Bestiality, i. 253 _sq._, ii. 409, 749
-
-Birds, defending their nests, ii. 51;
-  paternal care among, ii. 189 _sq._;
-  the duration of conjugal unions among, ii. 192
-
----- of night, abstinence from eating, ii. 333
-
----- of prey, prohibition of eating, ii. 321
-
-Blasphemy, ii. 639, 640, 719
-
-Blessings, materialistic conception of, i. 98, 562;
-  pronounced by {839} recipients of gifts, i. 561-565;
-  gods appealed to in, i. 562, 564 _sq._, ii. 686, 731;
-  of strangers, i. 581-584, ii. 446;
-  of parents, i. 621-627;
-  of old persons, i. 626;
-  in salutations, ii. 151
-
-Blood, effusion of, at funerals, i. 26, 27, 476, ii. 544, 545, 547;
-  abstinence from, i. 187, ii. 334 _sq._;
-  as a religious rite, i. 470 _sq._, ii. 294, 557;
-  pollution of, i. 225, 232, 233, 375-382, ii. 256 _sq._ n. ^2,
-  262, 714;
-  shedding of, prohibited in sacred places, i. 380, ii. 635;
-  offered to the dead, i. 475 _sq._;
-  drunk or licked in blood-revenge, i. 483 _sq._;
-  as a conductor of curses, i. 586, 587, 591, ii. 69, 118-121,
-  208, 209, 566, 567, 618-622, 687-689;
-  primitive ideas concerning, i. 664 n. ^1;
-  oaths taken upon, ii. 118-121, 621, 622, 687-689;
-  supernatural or medicinal effect ascribed to the partaking of
-  human, ii. 564 _sq._
-  See Cannibalism
-
----- -covenant, the, ii. 206-209, 566 _sq._
-
----- -money. See Compensation for homicide
-
----- -revenge, i. 477-492, ii. 748;
-  collective responsibility in, i. 24, 25, 30-36, 43;
-  vow of, i. 58;
-  restricted to the actual culprit, i. 71;
-  a cause of social disturbance, i. 182 _sq._;
-  in cases of accidental injury, i. 217, 218, 231 _sq._;
-  taken upon animals, i. 251-253, 255 256, 258;
-  upon lunatics, i. 271;
-  connection between inheritance and, ii. 54 _sq._;
-  between the system of tracing descent and, ii. 211
-
-Bodily integrity, the right to, ch. xxii. (i. 511-525);
-  of the dead, ii. 516 _sq._;
-  of gods, ii. 602, 610
-
-Boundaries. See Landmarks
-
-Brother, killing of a, ii. 256 _sq._ n. ^2.
-  See Fraternal affection, duties
-
----- the elder, allowed to inflict corporal punishment upon the
-younger one, i. 515;
-  respect for, i. 605, 606, 614;
-  curses of, i. 626, ii. 703
-
-Buffaloes, abstinence from the flesh of, ii. 320, 322;
-  prohibition of killing, for food, ii. 330
-
-Buildings, human sacrifices offered at the foundation of, i. 447
-n. ^5, 461-465;
-  animals sacrificed at the foundation of, ii. 617
-
-Bull-baiting, ii. 509 _sq._
-
-Burglary, i. 187, 312, ii. 58, 633
-
-Burial, ii. 521-523, 525-527. 542, 543, 546-548, 704;
-  depending on the mode of death, i. 26, ii. 238-240, 246, 248,
-  252, 255 _sq._;
-  denied to suicides, ii. 238, 250, 549;
-  to murdered persons, ii. 239, 549;
-  to persons struck by lightning, ii. 2 39, 549;
-  to persons who have killed a parent, brother, or child, ii. 256
-  _sq._ n. ^2;
-  of criminals, ii. 694
-
-Butchers, regarded as unclean, ii. 493;
-  despised, ii. 498
-
-Butter, abstinence from, ii. 326
-
-
-CALUMNY, ii. 140-142;
-  against dead persons, ii. 519, 552
-
-Calves, abstinence from slaughtering, ii. 331
-
-Camels, revenge in, i. 37 _sq._;
-  abstinence from the flesh of, ii. 332, 334 n. ^2
-
-Cannibalism, ch. xlvi. (ii. 553-581);
-  old persons victims of, i. 390, ii. 554, 568 _sq._;
-  practised for medicinal purposes, i. 401, ii. 562, 564 _sq._;
-  the firstborn a victim of, i. 458 _sq._, ii. 562;
-  as a punishment, ii. 4, 367, 554, 558 _sq._;
-  considered polluting, ii. 538, 575 _sq._
-
-Carelessness, i. 210-212, 305-310, 317 _sq._
-
-Castes, intermarriage between different, ii. 379. See Rank
-
-Casuistry, ii. 100, 101, 117
-
-Cats, sympathetic resentment in, ii. 52;
-  abstinence from eating, ii. 327, 330, 332;
-  taken for spirits in disguise, ii. 491;
-  their fear of strange phenomena, ii. 583
-
-Cattle, stealing of, i. 187 _sq._, ii. 14;
-  abstinence from killing, ii. 330, 493 _sq._;
-  reverence for, ii. 331 _sq._;
-  affection for, ii. 331, 494.
-  See Beef, Calves, Cows, Oxen
-
----- -rearing, largely a masculine pursuit, i. 634, 636.
-  See Pastoral peoples
-
-Celibacy, ch. xli. (ii. 399-421);
-  a cause of unchastity, ii. 432;
-  of homosexual practices, ii. 467
-
-Character, i. 214, 215, 310-314, 318 _sq._;
-  the innate, i. 325 _sq._
-
-Charity, ch. xxiii. (i. 526-569);
-  as a duty emphasised by religion, i. {840}549-558, 561-569, ii.
-  669, 672, 699, 705, 711, 717, 718, 725, 726, 732.
-  See Alms
-
-Charms, made from dead bodies, ii. 204, 546;
-  against the evil eye, ii. 256 n. ^2;
-  put in tombs, ii. 701
-
-Chastity, ch. xlii. (ii. 422-455);
-  suicide as a means of preserving, ii. 242, 251 _sq._;
-  fasting the beginning of, ii. 318;
-  required in connection with the religious cult, ii. 406-421, 736
-
-Chiefs, tied by custom, i. 161 _sq._;
-  justice administered by, i. 173-176, 180-184, 490 _sq._;
-  protecting foreigners and persons who have no relations, i. 180;
-  killing of, i. 43;
-  human sacrifices offered for the purpose of saving the lives
-  of, i. 454-456, 466;
-  sacrificed, i. 466;
-  the practice of compensation encouraged by, i. 490 _sq._;
-  disrespect for, punished by gods, i. 626;
-  proprietary rights of, ii. 33;
-  suicide committed on the graves of, ii. 234;
-  labour suspended on the death of, ii. 284;
-  abstinence from fish after the death of, ii. 301;
-  treatment of the dead bodies of, ii. 527;
-  cannibalism practised by, ii. 558, 574;
-  their tombs asylums, ii. 630;
-  their houses asylums, ii. 636;
-  their persons asylums, ii. 636 _sq._
-  See King.
-
-Children, the subjection of, ch. xxv. (i. 597-628);
-  cursed or blessed by their parents, i. 58, 538, 621-627, ii.
-  703, 715. 716 n. ^2, 732;
-  punished if convicted of a design to kill their father or
-  mother, i. 245;
-  parents killing their infant, i. 378 394-413, 633, ii. 562, 752 _sq._;
-  killing their parents, i. 383-386, 522, ii. 256 _sq._ n. ^2;
-  killing or abandoning their aged parents, i. 386-390, 606, 607,
-  612, 620;
-  eating their parents, i. 390, ii. 554, 568 _sq._;
-  parents killing their grown-up, i. 393 _sq._, ii. 256 _sq._ n. ^2;
-  a father's affection for his, i. 401, 402, 405, 529-533, ii.
-  187-190, 193, 397, 748;
-  a mother's affection for her, i. 405, 529-531, ii. 186-190,
-  193, 748;
-  eaten by their parents or others, i. 401, 458 _sq._, ii. 554,
-  555, 562, 568 _sq._;
-  parents exposing their new-born, i. 406-412, 689;
-  sacrificed to save the lives of their parents, i. 455, 456,
-  459-461;
-  sacrificed by their parents, i. 455-461;
-  committing suicide on the death of their parents, i. 473;
-  parents inflicting corporal punishment upon their, i. 513-515,
-  607, 610;
-  using violence against their parents, i. 513 624 _sq._, ii. 677;
-  parents' duty of taking care of their, i. 526-533;
-  their duty of taking care of their parents, i. 533-538;
-  their respect for their parents, i. 534-538, 600, 601, 607-613,
-  616-628, ii. 194;
-  their affection for their parents i. 534-538, 618, ii. 194, 748;
-  for their mothers, i. 618, 659;
-  their duties to their parents emphasised by religion, i. 536,
-  537, 608, 610, 612, 613, 616, 617, 620-627, ii. 711, 714, 715,
-  716 n. ^2, 717 732;
-  cursing their parents, i. 564;
-  sold as slaves by their parents, i. 599, 607, 609, 611, 612,
-  615, 675, 681, 682, 684, 685, 689, 691 _sq._;
-  proprietary incapacities of, ii. 27, 28, 57;
-  rules of inheritance relating to, ii. 44-49, 53-57;
-  telling a falsehood in the presence of their parents, ii. 96;
-  addressing abusive language to their parents, ii. 142;
-  their duties to their parents, ii. 166, 748;
-  parents' duties to their, ii. 166, 748;
-  parents committing suicide on the death of their, ii. 232, 244
-  n. ^3;
-  parents fasting after the death of their, ii. 298-300;
-  fasting after the death of their parents, ii. 298-301;
-  punished after death for inflicting injuries upon their
-  parents, ii. 715;
-  adopted, see Adopted children;
-  illegitimate, see Illegitimate children
-
-Children, young, the anger of, i. 22 _sq._;
-  sympathetic resentment in, i. 112;
-  their ideas of right and wrong, i. 115;
-  their respect for the customary, i. 159;
-  injuries committed by, i. 217, 218, 264-269, 316;
-  treatment of, in war i. 335, 336, 342, 343, 369 _sq._;
-  sacrificed, i. 454-461;
-  their desire to appropriate and to keep that which has been
-  appropriated, ii. 51;
-  truthfulness and mendacity of, ii. 88 n. ^5, 111 n. ^3, 116,
-  117, 124-126, 129;
-  disposed to believe what they are told, ii. 109;
-  their {841} dislike of that which is strange or unfamiliar, ii. 227;
-  the altruistic sentiment in, i. 228;
-  treatment of the dead bodies of, ii. 526, 527, 549;
-  their fear of strange phenomena, ii. 583;
-  the future state of, ii. 673, 727;
-  the future state of unbaptised, ii. 721-723
-
-Chivalry, i. 352-355
-
-Clan, the, i. 627 _sq._, ii. 202, 213, 214, 216-220, 222 _sq._
-
-Class distinction, cleanliness a, ii. 351
-
-Classes, intermarriage between different, ii. 379-382. See Rank
-
-"Classificatory system," the, ii. 393
-
-Cleanliness, ii. 346-356;
-  ceremonial, ii. 294, 295, 352-354, 358, 359, 415-420, 700 n.
-  ^5, 705, 718, 726, 752
-
-Climate, connection between industry and, ii. 269-271;
-  between cleanliness and, ii. 349 _sq._
-
-Cock-fighting, ii. 509 _sq._
-
-Cocks, prohibition of eating tame, ii. 330
-
-Cocoa, abstinence from, ii. 321;
-  religious veneration of, ii. 591
-
-Common enjoyment of merits, i. 96-99
-
----- responsibility, in blood-revenge, i. 24, 25, 30-36, 43, 71;
-  in the case of punishment, i. 43-48, 69-72;
-  in the case of sin, i. 48-57, 61-72
-
-"Communal marriage," ii. 445
-
-Community of goods, ii. 50 _sq._
-
-Compacts, sealing of, i. 587, ii. 622-624
-
-Compensation, the relation between punishment and, i. 168 _sq._;
-  for involuntary destruction of property, i. 222-225, 38 _sq._;
-  for bodily injuries, i. 511-513, 517-520, 524 n. ^3, ii. 263;
-  for the seduction of an unmarried woman, ii. 425, 426, 436 _sq._;
-  for rape, ii. 438;
-  for adultery, ii. 447 _sq._
-
----- for homicide, i. 183, 484-491;
-  if committed accidentally, i. 217, 219-221, 224, 226;
-  if committed by a child, i. 268;
-  by an idiot, i. 272;
-  if the victim is a woman, i. 420 _sq._;
-  if the victim is a slave, i. 423;
-  influenced by the rank of the victim, i. 430 _sq._
-
----- for sin, i. 86 _sq._
-
-Compulsion, injuries committed under, i. 284, 285, 316, 319;
-  confounded with causation, i. 322-326
-
-"Compulsion by necessity," i. 285-287, ii. 1
-
-Conduct, i. 202, 203, 214, 215, 314
-
-Confession, i. 84 _sq._, ii. 360
-
-Conjugal affection, i. 113, 532 _sq._, ii. 190-193;
-  its influence on the form of marriage, ii. 192, 389, 391;
-  on the duration of marriage, ii. 397;
-  on moral ideas concerning unchastity, ii. 439 _sq._
-
-Conscience, i. 105-107, 123-125;
-  an unjust retributer, i. 15 _sq._;
-  animals credited with a, i. 249-251
-
-Contributions, military, ii. 27
-
-_Contubernium_, of slaves, i. 693, 697, 706 _sq._;
-  between freemen and slaves, ii. 381
-
-Cooking, abstained from after a death, ii. 304-306
-
-Corporal punishment, ii. 520-525
-
-Cosmopolitanism, ii. 176-179, 182-185
-
-Courage, admiration of, i. 16, 117, ii. 16, 58, 273, 590;
-  the duel regarded as a test of, i. 509;
-  suicide regarded as a test of, ii. 251, 261 _sq._;
-  approved of by the supreme being, ii. 679;
-  the future state of a warrior supposed to be determined by his,
-  ii. 698
-
-Couvade, the, ii. 205
-
-Covenanting rites, i. 334 _sq._, ii. 622-624, 686.
-  See Blood-covenant
-
-Cowardice, forgiveness of enemies regarded as a sign of, i. 73,
-74, 485, ii. 145;
-  the secret commission of offences despised as, ii. 58, 96 _sq._;
-  lying a sign of, ii. 113;
-  suicide regarded as an act of, ii. 240, 262
-
-Cow-dung, a means of purification, i. 54, ii. 353, 545;
-  suicide committed in, ii. 244
-
-Cows, contact with, regarded as purifying, i. 54;
-  prohibition of eating the flesh of, ii. 327, 330;
-  the killing of, abstained from or prohibited, ii. 330, 331, 497;
-  reverence for, ii. 332.
-  See Cattle
-
-Coyness, female, ii. 435
-
-Cremation, i. 476, ii. 522, 523, 526, 527, 542, 543, 546-548;
-  of suicides, ii. 256 _sq._
-
-Criminals, absence of remorse in, i. 90 n. ^1;
-  punished in public, i. 191 {842}_sq._;
-  detection of, i. 193;
-  sacrificed, i. 439, 440, 467, 471 _sq._, ii. 651;
-  enslaved, i. 518, 675, 676, 681, 682, 685, 688-691, ii. 7, 8,
-  12, 13, 74;
-  eaten, ii. 4, 367, 554, 558 _sq._;
-  their blood partaken of, ii. 464 _sq._;
-  treatment of the bodies of, ii. 527, 528, 549.
-  See Asylums, Punishment
-
-Crops, robbery of, i. 287, ii. 14 _sq._;
-  human sacrifices offered for the purpose of securing good, i.
-  443-451;
-  unchastity supposed to injure the, ii. 417, 747
-
-Cross, the, ii. 256 n. ^2
-
-Cross-roads, i. 502, ii. 256, 256 _sq._ n. ^2
-
-Crown, miraculous virtue attributed to the royal, ii. 608 n. ^4, 753
-
-Crucifixion, ii. 256 n. ^2
-
-Cruelty to animals, ii. 496, 508-510
-
-Curiosity, ii. 109, 110, 135, 149, 595, 597
-
-Curses, materialistic conception of, i. 57-61, 70, 233 _sq._, ii.
-583. 584, 703;
-  holiness not allowed to be defiled by, i. 58, 625, ii. 638;
-  of parents, i. 58, 538, 621-627, ii. 703, 715, 716 n. ^2, 732;
-  of the poor, i. 561-565;
-  of magicians and priests, i. 563;
-  of saints, i. 563, 622;
-  of dying persons, i. 563, 626, ii. 245;
-  of dissatisfied guests, i. 584-594, ii. 715, 732;
-  of dissatisfied refugees, i. 585, 587 _sq._, ii. 636-638;
-  of old persons, i. 622, 626;
-  of husbands, i. 626;
-  of elder brothers and sisters, i. 626, ii. 703;
-  of superiors, i. 626 _sq._, ii. 703;
-  of women, i. 668;
-  of slaves, i. 716;
-  of their masters, ii. 703;
-  of kings, ii. 703;
-  personified and elevated to the rank of supernatural beings, i.
-  60, 379, 482, 561, 585, 623, 624, 626, ii. 68, 116, 715, 732;
-  transformed into attributes of gods, i. 379, 561, 562, 585,
-  624, ii. 68, 116, 715;
-  supernatural beings appealed to in, i. 561, 564 _sq._, ii.
-  66-68, 120-123, 658, 686-690, 699, 731;
-  supernatural beings exposed to men's, i. 564, 566, 585, ii.
-  584, 585, 618-624, 636, 638, 656-659, 700;
-  conducted by various vehicles, i. 586-594, ii. 121, 151, 208,
-  209, 567, 622-624, 687-690;
-  by blood, i. 586, 587, 591, ii. 69, 118-121, 208, 209, 618-622,
-  687-689;
-  by human blood or flesh, ii. 566 _sq._;
-  in reception ceremonies and salutations, i. 590 _sq._, ii. 151;
-  pronounced on thieves or as a means of protecting property, ii.
-  62-69, 703;
-  sacrifices to gods as a means of transferring, ii. 618-624, 658;
-  method of protecting the king against criminals, ii. 637;
-  prayers assuming the character of, ii. 656-659;
-  contained in ordeals, ii. 687-690;
-  influencing men's state in the future life, ii. 692, 693, 708,
-  709, 715 _sq._
-  See _L-[(]âr_
-
-Customs, and laws as expressions of moral ideas, ch. vii. (i.
-158-201);
-  rules of duty, i. 118-122, 159-162;
-  their relations to laws, i. 163-166;
-  stronger than law and religion combined, i. 164;
-  the variety of, i. 327 _sq._;
-  the rigidity of ancestral, ii. 519, 520, 541;
-  transgressions of, punished by gods, ii. 670, 728;
-  instituted by the supreme being, ii. 671
-
-
-DARK, prohibition of eating in the, ii. 309
-
-Daughters, committing suicide on the death of their parents,
-i. 473.
-  See Children
-
-Days, tabooed, ii. 283-289, 747
-
-Dead, regard for the, ch. xlv. (ii. **515-552);
-  human sacrifices to the, i. 26-28, 472-476, 486, ii. 234, 450,
-  451, 518;
-  vindictiveness of murdered, i. 232, 372, 375, 376, 378, 379,
-  406, 476, 481 _sq._, ii. 559 _sq._;
-  the property of the, i. 399, ii. 44, 518, 539 _sq._, see
-  Inheritance, Wills;
-  the treatment of old persons influenced by beliefs regarding
-  the, i. 620 _sq._;
-  interred in the field belonging to the family, ii. 66 n. ^1;
-  charms made from the bodies of the, ii. 204, 546;
-  offerings to the, ii. 302, 303, 400-404, 517, 518, 524, 539,
-  547 550, 692, 700, 701, 704, 708, _cf._ Alms;
-  polluting influence attributed to the, ii. 303, 537 _sq._;
-  marriages of the, ii. 400;
-  self-regarding pride attributed to the, ii. 519;
-  beliefs as regards the character and activity of the, ii.
-  528-535, 693;
-  fear of the, ii. 535-546, 548-550, 576;
-  believed to be easily duped, ii. 548;
-  worship of the, ii. 591, 596;
-  revenge taken by the living upon {843} the, ii. 692 _sq._;
-  supposed to be taken by the dead upon other, ii. 693 _sq._
-  See Annihilation, Burial, Cannibalism, Cremation, Funeral rites,
-  Future life, Future state, Mourning, Scalping, Suicide,
-  Transmigration, Vampires
-
-Death, attributed to the influence of magic, i. 24, 29, ii. 534, 651;
-  self-mutilation after a, i. 26, 27, 476, ii. 524, 528, 544,
-  545, 547;
-  work suspended after a, ii. 283, 284, 306;
-  polluting influence ascribed to, ii. 283, 302-307, 416,
-  536-539, 544 _sq._;
-  to self-inflicted, ii. 257 n. ^5, 262;
-  to natural, ii. 416, 609;
-  fasting after a, ii. 298-308, 524, 544;
-  abstinence from cooking after a, ii. 304-306;
-  abstinence from sexual intercourse after a, ii. 306;
-  fear of, ii. 535 _sq._
-
-Debtors, enslaved, i. 422, 675, 677, 680, 684, 688, 689, 691;
-  creditors starving themselves to death before the doors of
-  their, ii. 245
-
-Debts, the owing of, ii. 93, 705
-
-Deceit. See Truth, regard for
-
-Deformed persons, religious veneration of, ii. 590
-
-Deodand, i. 262-264, 308
-
-Descent, the social influence of a common, ii. 198, 201-206, 220,
-224, 227, 748;
-  congruity or discrepancy between the principle of local
-  proximity and the principle of, ii. 202, 219 _sq._
-  See Kinship
-
-----, the system of tracing, connection between the authority
-over children and, i. 597 _sq._;
-  supposed connection between the position of women and, i. 655 _sq._;
-  the rules of inheritance influenced by, ii. 44-47, 54;
-  the influence of local connections on, ii. 203, 368 _sq._;
-  difference between the notion of actual blood-relationship and,
-  ii. 205 _sq._;
-  connection between the blood-feud and, ii. 211, 748
-
-Despotism, a cause of the severity of criminal codes, i. 193-196, 198;
-  a cause of deceitful habits, ii. 89, 130 _sq._;
-  politeness engendered by, ii. 152;
-  love of youths considered inimical to, ii. 478 _sq._
-
-Determinism, i. 320-322, 325 _sq._
-
-_Dharna_, the custom of sitting, ii. 245
-
-Diet, restrictions in, ch. xxxvii, _sq._ (ii. 290-345).
-  See Food
-
-Disease, cured by contact with a saint, i. 63;
-  transference of, i. 64 _sq._;
-  supposed to be caused by supernatural beings, i. 392 _sq._, ii.
-  592-594;
-  by the dead, ii. 535;
-  the future state of persons who have died of, i. 392, ii. 238
-  n. ^3, 698;
-  human flesh or blood partaken of as a remedy against, i. 401,
-  ii. 562, 564 _sq._;
-  human sacrifices offered for the purpose of curing, i. 446,
-  447, 454-457;
-  cured at cross-roads, ii. 256 n. ^2.
-  See Epidemics, Sick persons
-
-Disinterested antipathies. See Antipathies
-
----- likings. See Likings
-
-Disinterestedness, a characteristic of moral concepts, i. 101;
-  of the moral emotions, i. 102, 103, 107-122
-
-Divorce, i. 514, 528, 630, 632, 638, 641, 646-654, ii. 192,
-396-398, 455
-
-Dog-fighting, ii. 509
-
-Dogs, self-regarding pride in, i. 39, ii. 137 _sq._;
-  sympathetic resentment in, i. 112, ii. 52;
-  credited with a conscience, i. 249-251;
-  the killing of, considered polluting, i. 381 n. ^6;
-  fighting for their kennels or their prey, ii. 51;
-  supposed deceitfulness of, ii. 125;
-  abstinence from eating, ii. 330, 332;
-  taken for spirits in disguise, ii. 491;
-  regard for, ii. 493, 501, 705;
-  affection for, ii. 495 _sq._;
-  Erinyes of, ii. 504;
-  their fear of strange phenomena, ii. 583
-
-Drink, as a conductor of curses, i. 586, 589-591, ii. 121, 208,
-209, 567, 687-689
-
----- , intoxicating, prohibition of, i. 228, ii. 341-345;
-  abstained from after a death, ii. 302.
-  See Drunkenness, Intoxicants, Wine
-
-_Droit d'aubaine_, ii. 49
-
-Drowned persons, the future state of, ii. 238, 521, 678, 697 _sq._
-
-Drunkenness, i. 310, ii. 338-344;
-  injuries committed in, i. 277-282, 306;
-  attributed to possession by a god or spirit, i. 278, 281, ii. 344
-
-Duel, the, ch. xxi. (i. 497-510); i. 163, 306, ii. 9, 145, 449
-
-"Duty," analysis of the concept, i. 134-137;
-  corresponding to a "right," i. 140 _sq._;
-  the relation between "virtue" and, i. 149 _sq._;
-  between "merit" and, i. 151
-
-{844} Duty, the feeling of, as a motive, i. 283 _sq._
-
-
-EAGLEHAWKS, abstinence from eating, ii. 326, 332
-
-Earthly desires, sinfulness of, ii. 361-363
-
-Eclipses, supposed connection between human activity and, ii. 284 _sq._;
-  fasting in connection with, ii. 309 _sq._;
-  of the moon, attributed to the influence of evil spirits, ii. 313
-
-Education, a means of communicating resentment, i. 114 _sq._;
-  its influence on the regard for truth, ii. 124;
-  on moral ideas relating to self-regarding conduct, ii. 266-268;
-  leading to homosexual practices, ii. 468-470
-
-Eggs, abstinence from, ii. 320, 325, 326, 329
-
-Election, divine, the future state of men determined by, ii. 719 _sq._
-
-Elephants, the feeling of revenge in, i. 37 _sq._;
-  abstinence from eating, ii. 329
-
-Emasculation, as a punishment, i. 45, 521.
-  See Eunuch priests
-
-Emigration, punished by law, ii. 175;
-  more injurious to the State than suicide, ii. 259
-
-Emotions, moral judgments referring to, i. 215
-
-Endogamy, ii. 378-382
-
-Enemies, killing of, regarded as praiseworthy, i. 331-333;
-  the future state influence by the killing of, i. 332, 373, ii. 693;
-  hospitality towards, i. 576, 577, 587 _sq._
-  See Blood-revenge, Forgiveness, Revenge, War
-
-Envy, a hindrance to sympathetic retributive kindliness, i. 129;
-  of gods, ii. 361, 714, 716
-
-Epidemics, supposed to be caused by supernatural beings, i. 27,
-ii. 592-594;
-  human sacrifices offered for the purpose of stopping or
-  preventing, i. 66, 441, 442, 449;
-  fasting during, ii. 315
-
-Equinoxes, fasting at, ii. 309, 310, 312 _sq._
-
-Equivalence, the rule of, i. 177-180;
-  i. 34, 35, 200, 217-219, 494, 496, 501, 511, 519 _sq._, ii. 233
-
-Equivocation, ii. 100, 101, 117
-
-Erinyes, i. 60, 379, 482, 561, 585, 623, 626, ii. 68, 504, 714,
-715, 732
-
-Ethics, the object of scientific, i. 18
-
-Eucharist, the, i. 666, ii. 295, 415 n. **^8, 417, 480, 564;
-  the ordeal of, ii. 690
-
-Eunuch priests, ii. 408, 414, 488 n. ^6
-
-Evil, materialistic conception of, i. 56, 57, 457;
-  transference of, combined with a sacrifice, i. 62-65
-
----- eye, the, i. 561, 563, 584, 591-594, ii. 256 n. ^2, 354
-
----- spirits, lunatics supposed to be possessed with, i. 270,
-274, 275, ii. 593;
-  intoxicated persons supposed to be possessed with, i. 281, ii. 344;
-  persecuting ghosts replaced by, i. 378 _sq._, ii. 493;
-  disease supposed to be caused by, i. 392 _sq._, ii. 592-594;
-  old women regarded as, i. 619;
-  burying apart of persons supposed to have been killed by, ii. 239;
-  eclipses of the moon attributed to the influence of, ii. 313;
-  water regarded as haunted by, ii. 355;
-  scourging as a means of driving away, ii. 358;
-  sacred words as a weapon against, ii. 418;
-  certain animals taken for, ii. 491;
-  butchers regarded as haunted by, ii. 493;
-  prevented from doing harm to the dead, ii. 523, 524, 544;
-  the ghosts of dead persons regarded as, ii. 531-534, 693;
-  places of striking appearance supposed to be haunted by, ii. 589;
-  unexpected events ascribed to the influence of, ii. 594;
-  taboos imposed upon the names of, ii. 640, 642;
-  magic practised with the assistance of, ii. 649 _sq._;
-  struggle of men and gods against, ii. 701, 702, 704-706, 729
-
-Executioner, tribal, i. 174 _sq._;
-  the injured party acting as, i. 184 _sq._
-
-Exogamy. See Incest
-
-Expiation, ii. 356-361;
-  fasting as a means of, ii. 315-318;
-  vicarious, ii. 719 _sq._
-
-Expiatory sacrifice, vicarious, i. 65-70, 438-440
-
-Exposure of infants, i. 406-412;
-  a source of slavery, i. 689
-
-
-FAITH, considered necessary for salvation, ii. 719-721, 725-727.
-  See Unbelief
-
-Faithfulness. See Good faith
-
-False accusation, i. 522, ii. 79, 80, 140-142
-
-{845} False testimony, ii. 86 n. ^4, 91, 92, 96-98, 123 n. ^1, 717
-
-Falsehood. See Truth, regard for
-
-Family, the, i. 113, 533, 627 _sq._, ii. 195, 196, 198, 199, 202, 223;
-  the joint, i. 539 _sq._, ii. 213-216
-
-Famines, human sacrifices offered in connection with, i. 442 _sq._;
-  cannibalism caused by, ii. 555, 577 _sq._
-  See Crops
-
-_Fas_, i. 579 _sq._, ii. 717
-
-Fasting, ii. 292-318;
-  enjoined by religion, i. 271, ii. 246, 292-298, 308-318, 358,
-  406, 725;
-  as a means of purification, i. 375, ii. 294-296, 358;
-  as a penance, ii. 246, 315-318, 406;
-  after a death, ii. 298-308, 524, 544
-
-Fat, abstinence from, i. 187, 229, ii. 312
-
-Fatalism, i. 323-326
-
-Father, the, his authority over his children, ch. xxv. (i. 597-628);
-  permitted to punish his children with death, i. 393 _sq._;
-  to kill or expose his new-born children, i. 394-411;
-  to inflict corporal punishment upon his children, i. 513-515,
-  607, 610;
-  to sell his children, i. 599, 607, 609, 611, 612, 615, 675,
-  681, 682, 684, 685, 689, 691;
-  his affection for his children, i. 401, 402, 405, 529-533. ii.
-  187-190, 193, 397, 748;
-  obliged to protect and support his family, i. 526-533;
-  descent traced through, i. 655 _sq._, ii. 44-47, 54, 202, 203,
-  205, 206, 211, 220;
-  the son allowed to eat only certain foods after the death of,
-  ii. 301 _sq._
-  See Parents
-
-Fear, i. 40 _sq._;
-  of death, ii. 535 _sq._;
-  as an element in the religious sentiment, ii. 612-614, 725;
-  of punishment in the future life, ii. 735
-
-Females, the sexual impulse of, i. 657 _sq._, ii. 435
-
-Feticide, i. 378, 408, 409, 413-417, ii. 705
-
-Filial affection, i. 534-538, 618, 659, ii. 194, 748
-
----- reverence, i. 533-538, 600, 601, 607-613, 616-628, ii. 194
-
-Firstborn child, the, all children killed except, i. 398;
-  killed, i. 458-460, ii. 562;
-  eaten, i. 458, ii. 562;
-  regarded as sacred, ii. 538 n. ^2
-
-Firstborn son, the, sacrifice of, i. 457-461;
-  eaten, i. 458 _sq._;
-  considered identical with his father, i. 460;
-  fasting on the eve of Passover, ii. 296.
-  See Primogeniture
-
-Fish, anger shown by, i. 22, ii. 51;
-  abstinence from eating, ii. 321, 322, 324 _sq._;
-  after a death, ii. 301;
-  deference shown for, ii. 492;
-  killing of, ii. 497 _sq._
-
-Fishing peoples, the position of women among, i. 660;
-  slavery among, i. 672;
-  social aggregates of, ii. 198-200;
-  filthiness a characteristic of, ii. 349
-
-Flagellation, ii. 294, 357-359
-
-_Flagrante delicto_, offenders caught, i. 290-294, ii. 8, 13, 17,
-18, 58, 429, 447
-
-Food, prohibitory rules relating to, ch. xxxvii. _sq._ (ii.
-290-345);
-  stealing of, i. 286, 287, 676, ii. 14, 15, 57 _sq._;
-  as a conductor of curses, i. 586-592, ii. 622-624;
-  detrimental to holiness, ii. 294-296;
-  the eating of certain kinds of, forbidden by gods, ii. 326, 33,
-  335, 671
-
-Forbearances, i. 209, 210, 303-305
-
-Foreigners, protected by the chief or king, i. 180, 181, 338;
-  killing of, i. 331-334, 337-34, 370, 371, 373;
-  sacrifice of, i. 467 _sq._;
-  infliction of bodily injuries upon, i. 519;
-  kindness to, i. 545, 556-558, 570-572, 581;
-  enslaving of, i. 674, 675, 689, 690, 691, 714 _sq._;
-  respect for the proprietary rights of, ii. 2, 11, 59;
-  demoralising influence of, ii. 2, 126-129, see White men;
-  robbery committed upon, ii. 20-25, 58 _sq._;
-  reduced to serfdom, ii. 24;
-  rules of inheritance relating to, ii. 49;
-  deceiving of, ii. 87, 88, 90, 94, 97, 112, 126-129;
-  duties to, ii. 166;
-  despised, ii. 171-174, 532;
-  disregard of their interests, ii. 176;
-  antipathy to, ii. 227;
-  marriages with, ii. 378, 381 _sq._;
-  eaten, ii. 554;
-  sacrilege committed by, ii. 648.
-  See Strangers
-
-Forgery, punished with death, i. 187 _sq._;
-  with mutilation, i. 521
-
-Forgiveness, i. 73-79, 84-88, 99, 311, 318, ii. 145, 360
-
-Foundation sacrifices. See Buildings
-
-Fowls, abstinence from eating, ii. 320-322, 325, 327, 329, 332;
-  affection for, ii. 495
-
-{846} Foxes, abstinence from eating, ii. 327
-
-Fraternal affection, ii. 194, 195, 748
-
----- duties, i. 538, ii. 748
-
-Fraud. See Truth, regard for
-
-Free love, ch. xlii. (ii. 422-455). See Unchastity
-
-Freedmen, marriages with, i. 688, ii. 379;
-  not allowed to bring criminal charges against freeborn persons,
-  i. 697
-
-Freedom, personal, i. 597, ii. 265
-
-Free-will, moral valuation and, i. 320-326
-
-Frogs, prohibition of eating, ii. 321
-
-Funeral rites, ii. 519-528, 536-552;
-  the ordinary, denied to suicides, ii. 238, 248, 250, 252-254,
-  549.
-  See Blood (effusion of, at funerals; offered to the dead),
-  Burial, Cremation, Dead (human sacrifices to the; offerings to
-  the), Self-mutilation (after a death)
-
-Future life, belief in retribution in a, among civilised races,
-i. 258, 259, 519, 550-553, 555, 556, 579, 580, 625, 650, 683,
-687, ii. 165, 284, 341, 417, 479, 497, 700, 705, 706, 708-713,
-715, 716, 718-720, 725, 734 _sq._;
-  among uncivilised peoples, i. 403, 542-544, 578, ii. 59, 60,
-  69, 115, 271, 272, 671-681, 683-685, 690-695;
-  the belief in a, ii. 515 _sq._;
-  its influence on the notions concerning homicide, i. 382;
-  concerning the killing of old or sick persons, i. 390, 392;
-  concerning infanticide, i. 411 _sq._;
-  concerning feticide, i. 416 _sq._;
-  concerning suicide, ii. 235-237, 244, 253, 262.
-  See Dead
-
----- state, the, of persons who have been struck by lightning, i.
-26, ii. 544, 549, 697 _sq._;
-  who have not slain any enemies, i. 332;
-  who have slain enemies, i. 373, ii. 693;
-  who have died of old age, i. 390, ii. 235, 238 n. ^3, 698;
-  of disease, i. 392, ii. 238 n. ^3, 698;
-  by violence, i. 481 _sq._, ii. 237-239, 242;
-  by accident, ii. 238, 239, 241;
-  by starvation, ii. 238 n. ^3;
-  who have committed suicide, ii. 235-239, 242-244, 246, 253,
-  262, 694, 710;
-  who have been killed in war, ii. 237, 521, 694, 697, 704, 708;
-  who have been drowned, ii. 238, 521, 678, 697 _sq._;
-  who have suffered pain in this life, ii. 360;
-  who have died unmarried and childless, ii. 399-404;
-  who have refrained from connections with women, ii. 414 _sq._;
-  who have committed perjury, ii. 715 _sq._;
-  of women, i. 662 _sq._, ii. 673;
-  of women who have died in childbirth, ii. 238 n. ^3, 678;
-  of children, ii. 673, 727;
-  of unbaptised children, i. 411, 412, 416 _sq._, ii.
-  721-723;
-  of the heathen, ii. 720 _sq._;
-  influenced by human sacrifices offered to the dead, i. 472-476,
-  ii. 518;
-  by the mutilations and self-bleedings of mourners, i. 476, ii. 547;
-  by knowledge of religious truth, ii. 132-134, 719-721,
-  725-727;
-  by the treatment of the dead person's corpse, ii. 238, 521-523,
-  546, 548, 694, 704;
-  by offerings made to the dead, ii. 400-404, 517, 518, 524, 539,
-  692, 700, 701, 704, 708;
-  by alms given on behalf of the dead, ii. 550-552;
-  by prayer on behalf of the dead, ii. 552;
-  by curses, ii. 692, 693, 708, 709, 715 _sq._;
-  by rank, ii. 698;
-  by magical practices, ii. 700, 701, 706, 709, 710, 712;
-  by vicarious expiation, ii. 719 _sq._;
-  by divine election, ii. 719 _sq._;
-  by faith, ii. 719-721, 725-727;
-  by sacramental grace, ii. 719 _sq._, by baptism, ii. 721-723
-
-
-GENERALITY, the moral emotions characterised by a flavour of, i.
-104, 105, 107, 117-123
-
-Generosity, charity and, ch. xxiii. (i. 526-569)
-
-Gifts, blessings pronounced by recipients of, i. 561-565;
-  the danger of accepting, i. 593 _sq._
-
-Girls, at puberty, ii. 307 _sq._
-
-Gluttony, ii. 290 _sq._
-
-Goat-dung, a means of purification, i. 376
-
------flesh, abstinence from, ii. 322, 332
-
-"God," definition of the term, ii. 602
-
-Goddesses, jealous of the chastity of their priests, ii. 414
-
-Gods, duties to, ch. xlviii. _sq._ (ii. 602-662);
-  as guardians of morality, chs. l.-lii. (ii. 663-737);
-  punish innocent persons in consequence of the sins of the
-  guilty, i. 48-72, ii. 660;
-  punish unchastity, i. 49, ii. 675;
-  curses personified {847} and elevated to the rank of
-  supernatural agents or, i. 60, 379, 482, 561, 585, 623, 624, 626,
-  ii. 68, 116, 715, 732;
-  human sacrifices offered to, i. 62, 63, 65, 66, 339, 434-472,
-  ii. 295, 296, 419, 559, 562, 563, 579, 651, 697;
-  reward undeserving persons in consequence of the merits of
-  others, i. 96-99, ii. 660;
-  connection between the severity of punishment and the belief
-  in, i. 193-198;
-  disobedience to, i. 194-198, ii. 659 _sq._;
-  revengeful feelings attributed to, i. 194, 198, 438-440, 471
-  _sq._, ii. 660, 661, 667, 668, 702, 714;
-  attach undue importance to the outward aspect of conduct, i.
-  227-231, 233-235, ii. 714;
-  judge upon human actions without much regard to their motives,
-  i. 299-302;
-  punish homicide, i. 378-380, ii. 669, 672, 676, 684, 686, 700,
-  714, 717, 732;
-  curses transformed into attributes of, i. 379, 561, 562, 585,
-  624, ii. 68, 116, 715;
-  blood pollution shunned by, i. 380-382;
-  enjoin or approve of charity, i. 549-558. 561-569, ii. 669,
-  672, 699, 705, 711, 717, 718, 725, 726, 732;
-  appealed to in curses or oaths, i. 561, 564 _sq._, ii. 66, 67,
-  120-123, 658, 686-690, 699, 731 _sq._;
-  in blessings, i. 562, 564 _sq._, ii. 686, 731;
-  enjoin hospitality, i. 578-580, ii. 669, 711, 714, 717, 718,
-  726, 732;
-  exposed to the curses of men, i. 585, ii. 618-624, 636, 638,
-  656-659, 700;
-  protect refugees, i. 585, ii. 629-633, 636, 638, 714;
-  enjoin regard for parents, i. 610, 624, ii. 711, 714, 717, 732;
-  punish abandoning of old persons, i. 620;
-  punish disrespect for chiefs, i. 626;
-  women shunned by, i. 664-666;
-  guardians of property, ii. 59-69, 669, 675-677, 679, 684, 686,
-  699, 700, 705, 714, 717, 732;
-  guilty of falsehood, ii. 94, 95, 98;
-  guardians of truth and good faith, ii. 96, 114-123, 128, 129,
-  669, 672, 675-677, 684, 686, 699, 700, 703-705, 707, 711, 714,
-  717, 726, 732;
-  perjury regarded as an offence against, ii. 122, 122 _sq._ n. ^10;
-  perjury punished by, ii. 123 n. ^1, 684, 686, 714;
-  condemn pride, ii. 144 _sq._;
-  different, fused into one, ii. 225 _sq._;
-  approve of suicide, ii. 236, 244, 261;
-  suicide offensive to, ii. 237, 243, 245-249, 251-254, 260, 263;
-  agriculture pleasing to, ii. 275, 277;
-  commend industry, ii. 275, 280, 281, 675, 705;
-  require pure sacrifices, ii. 295 _sq._;
-  prohibit the eating of certain foods, ii. 326, 330, 335 671;
-  disapprove of abstinence from intoxicating drink, ii. 339;
-  disapprove of drunkenness, ii. 342;
-  demand ceremonial cleanliness, ii. 352, 353, 700 n. ^5, 705,
-  718, 726;
-  punish ablutions, ii. 355;
-  self-mortification pleasing to, ii. 356-361, 421;
-  exciting the compassion of, ii. 361;
-  envious of men, ii. 361, 714, 716;
-  punish incest, ii. 375, 376, 671;
-  women married to, ii. 412-414;
-  sexual **pollution shunned by, ii. 418;
-  addicted to homosexual practices, ii. 472, 474;
-  eating of, ii. 563 _sq._, see Totem;
-  the tendency to make them more and more perfect, ii. 599, 600,
-  730, 731, 733 _sq._;
-  not necessarily immortal, ii. 602 _sq._;
-  killing of, ii. 602-610, 753 _sq._, see Totem;
-  punished by men, ii. 610;
-  subject to human needs, ii. 610 _sq._;
-  sacrifices to, ii. 611-626, see Sacrifice;
-  fear of, ii. 612-614, 725;
-  malevolent, ii. 613, 665-667, 706, 707, 709, 714, 716, 728,
-  729, 733;
-  benevolent, ii. 613-615, 667-669, 697-708, 712, 713, 716, 725,
-  728, 729, 731;
-  assistance expected from, ii. 614-616;
-  gratitude to, ii. 615 _sq._;
-  property of, ii. 626 _sq._;
-  self-regarding pride of, ii. 639-655;
-  blasphemy against, ii. 639, 640, 719;
-  taboos imposed upon the names of, ii. 640-643;
-  intolerance of, ii. 643-647, 649, 650, 652;
-  tolerance of, ii. 647-649, 652 _sq._;
-  free from human weaknesses, ii. 652;
-  prayers to, ii. 653-659, see Prayer;
-  priests regarded as manifestations of, ii. 657, 709;
-  the communal character of the relations between men and their,
-  ii. 661;
-  selection of, ii. 662, 729 _sq._;
-  punish transgressions of custom, ii. 670, 728;
-  punish bad behaviour towards old and sick persons, ii. 672, 675;
-  punish adultery, ii. 675, 676, 684, 686, 700, 717;
-  love justice, ii. 675, 684, 686, 699, 700, 703, 704, 732;
-  approve of valour, ii. 679;
-  fighting against evil {848} spirits, ii. 701, 702, 704-706, 729;
-  invoked by thieves, ii. 733.
-  See Guardian spirits, Religion, Supernatural beings, Supreme
-  beings, Totem
-
-"Golden rule, the," i. 102 _sq._
-
-"Good," analysis of the concept, i. 145-147
-
-"---- deeds," i. 299-302
-
-Good faith, regard for truth and, ch. xxx. _sq._ (ii. 72-131)
-
-Gratitude, i. 21, 42, 43, 93, 94, 318, 319, 538, 618, ii. 154-166;
-  to gods, ii. 615 _sq._
-
-Greetings, i. 590-592, ii. 146, 147, 149-151
-
-Gregarious instinct, the, ii. 197 _sq._
-
-Gregariousness, i. 94, 95, 113, ii. 195-197. 748
-
-Grief, expressions of, ii. 283, 308, 316, 528
-
-Group marriage, ii. 387, 392-396, 752
-
-Guardian spirits, i. 373, 464 _sq._, ii. 210, 406, 528-531, 588,
-666, 668, 669, 675, 676, 702
-
-
-HABIT, the influence of, on moral ideas, i. 159, 160, 402, 533,
-559, 646, ii. 52, 125-131, 146, 185, 272, 335, 343, 351, 392,
-440, 441, 455, 471, 484, 509, 577, 578, 580;
-  on the authority of the law, i. 163 _sq._
-
-Hair, conditional curses seated in the, i. 57 _sq._
-
-Handicraft, moral valuation of, ii. 273, 274, 278-280, 282 _sq._
-
-Handshaking, ii. 150, 151, 623 _sq._
-
-Happiness, regard for other persons' ch. xxxiii. (ii. 153-185);
-  for one's own, ii. 265
-
-Hares, abstinence from eating, ii. 333 _sq._
-
-Head-hunting, i. 333, 373, 544
-
-Heedlessness, i. 211, 305-310
-
-Hell, notions about, ii. 60, 284, 417, 672, 674, 675, 677, 678,
-683, 692, 706, 723, 724, 727
-
-Heresy, ii. 646 _sq._;
-  punishment of, i. 47, 50, 245, 493;
-  considered a legitimate cause of war, i. 349-352, 359;
-  judicial torture in cases of, i. 523;
-  a bar to intermarriage, ii. 380 _sq._;
-  homosexual practices associated with, ii. 486-489;
-  the future state influenced by, ii. 721
-
-Holiness, must not be defiled by curses or oaths, i. 58, 625, ii. 638;
-  by blood, i. 380-382;
-  by women, i. 664-666;
-  by food, ii. 294-296;
-  by certain kinds of food, ii. 322;
-  by intoxicating drink, ii. 344 _sq._;
-  by sexual pollution, ii. 415-420, 752;
-  very susceptible to any polluting influence, ii. 352, 353,
-  608-610;
-  objects endowed with, must not be appropriated for ordinary
-  purposes, ii. 627 _sq._;
-  a god's, polluted by his name being mentioned in profane
-  conversation, ii. 643;
-  attributed to sacrificial victims, i. 63, 65, 69, 444-447, ii.
-  563, 625, 658;
-  its magic virtue transferred by contact, i. 63-65, 69, 444-446,
-  ii. 605, 606, 625, 754;
-  by eating, i. 446, ii. 562-564, 605, 625;
-  by sexual intercourse, i. 593, ii. 444-446, 488;
-  looked upon as a transferable entity, i. 586, ii. 607-610, 754;
-  contact with, regarded as dangerous, ii. 538 n. ^2
-  See Sacred places
-
-Home, love of, ii. 167-169, 179 _sq._
-
-Homestead, sanctity of the, i. 587, ii. 635 n. ^4
-
-Homicide, in general, chs. xiv-xvi. (i. 327-382);
-  punished with death i. 171, 172, 187, 189, 491, 492;
-  considered polluting, i. 225, 232, 233, 375-382, ii. 256 _sq._
-  n. ^2, 262, 714;
-  stigmatised by religion, i. 345, 346, 378-380, 382, ii. 669,
-  672, 676, 684, 686, 700, 705, 714, 716 n. ^2, 717, 732;
-  the influence of rank on the criminality of, i. 430-433;
-  duels in cases of, i. 501 _sq._
-  See Blood-revenge, Compensation for homicide, Duel, Head
-  hunting, Human sacrifice, Killing, Manslaughter, Manslayers,
-  Punishment of Death, War
-
-Homosexual love, ch. xliii. (ii. 456-489), 752 _sq._
-
-Honey, abstained from after a death, ii. 301
-
-Honour, duels of, i. 498-503, 507-510;
-  respect for other men's, ii. 137-143
-
-Hope, as an element in religion, ii. 614, 735;
-  in rewards after death, ii. 735
-
-Horses, stealing of, i. 187 _sq._, ii. 14;
-  abstinence from the flesh of, ii. 322, 335
-
-Hospitality, ch. xxiv. (i. 570-596); i. 333, 340, 540, 542, 543,
-545, 548, 549, 555;
-  enjoined by religion, i. {849} 578-580, ii. 669, 711, 714, 715,
-  717, 718, 726, 732
-
-Houses, stealing from, i. 187 _sq._, ii. 15, 16, 58, see
-Burglary;
-  asylums, i. 587, ii. 630, 635 n. ^4, 636 _sq._
-
-Human effigies, sacrifice of, i. 468-470, 475
-
----- sacrifice, ch. xix. (i. 434-476); i. 26-28, 62, 63, 65-67,
-339, 486, ii. 234, 295, 296, 419, 450, 451, 518, 579, 651, 697;
-  the execution of blood-revenge a kind of, i. 476, 481 _sq._;
-  suicide as a kind of, ii. 234-236;
-  combined with cannibalism, ii. 559, 562 _sq._
-
-Humility, ii. 144-146;
-  sacrifice as a symbol of, ii. 625 _sq._
-
-Hunting peoples, vegetable food provided by the women among, i.
-634, ii. 273;
-  the position of women among, i. 660 _sq._;
-  slavery hardly known among, i. 672;
-  social aggregates of, ii. 198-200;
-  the form of marriage among, ii. 389 _sq._
-
-Husbands, their power over their wives, ch. xxvi. (i. 629-669);
-  wives punished if convicted of a design to kill their, i. 245;
-  crimes committed by wives in the presence of their, i. 284;
-  killing their wives, i. 418, 419, 631;
-  wives killing their, i. 419 _sq._;
-  wives sacrificed on the death of their, i. 472-474, ii. 450 _sq._;
-  wives committing suicide on the death of their, i. 473 _sq._,
-  ii. 232, 234, 235, 241, 242, 244, 247;
-  inflicting bodily injuries upon their wives, i. 514-516, 631;
-  their duty to protect and support their wives, i. 526-529, 532 _sq._;
-  lending their wives to guests, i. 575, 593;
-  living with their fathers-in-law, i. 601, 656 _sq._, ii. 202, 203;
-  curses of, i. 626;
-  selling their wives as slaves, i. 675. 684;
-  belief in a mysterious bond of sympathy between wives and, ii. 205;
-  wives fasting on the death of their, ii. 298-301;
-  adultery committed by, ii. 397, 451-455;
-  eating their wives, ii. 555.
-  See Marital affection, Marriage, Widowers
-
-
-IDIOTS, injuries committed by, i. 269-273, 275;
-  objects of religious reverence, i. 270 _sq._;
-  kindness to, i. 547
-
-Idleness, ii. 268-277, 281 _sq._;
-  a cause of uncleanliness, ii. 350 _sq._
-
-Illegitimate children, rules of inheritance relating to, i. 47,
-ii. 46, 48, 49, 56 _sq._;
-  treatment of, i. 47, ii. 431, 439;
-  sacrifice of, i. 467
-
-Impartiality, apparent, a characteristic of the moral emotions,
-i. 103, 104, 107, 117-122
-
-Inanimate things, revenged upon or punished, i. 26, 27, 260-264, 308;
-  retributive emotions evoked by, i. 26, 27, 260-264, 315, 318;
-  conceived as animate, i. 27, 263, ii. 595;
-  moral praise and blame not applied to, i. 319
-
-Incantations, ii. 656-659
-
-Incest, prohibition and horror of, i. 174. 175, 177, 197. 492,
-ii. 364-378, 747-752;
-  stigmatised by religion, ii. 375, 376, 671
-
-Indemnification, i. 168, 169, 308 _sq._ See Compensation
-
-Independence, love of national, ii. 170, 175
-
-"Indifferent, the morally," i. 154-157
-
-Industry, ii. 268-282;
-  commended by religion, ii. 275, 280, 281, 675, 705;
-  cleanliness promoted by, ii. 35
-
-Infanticide, i. 378, 394-413, 633, ii. 562;
-  supposed relationship between the social reaction against
-  homosexuality and against, ii. 484, 485, 752 _sq._
-
-Infants, exposure of, i. 406-412;
-  a source of slavery, i. 689.
-  See Infanticide
-
-Inheritance, rules of, ii. 44-49, 53-57
-
-Initiation ceremonies, instituted by the All-father, ii. 671
-
-"Injustice," analysis of the concept, i. 141-145
-
-Injustice, punished by the supreme being, ii. 675
-
-"Instinct," the meaning of the word, ii. 374 n. ^2
-
-Insults, i. 39, 502, 503, 509, 510, 524 _sq._, ii. 110,
-138-143;
-  to the dead, ii. 519;
-  to gods, ii. 639-652
-
-Intellectual disability, agents under, ch. x. (i. 249-282)
-
-Intemperance, ii. 290 _sq._
-
-Intentions, i. 204-206, 212 _sq._;
-  punishment of bare, i. 244 _sq._
-
-Intolerance, religious, ii. 643-653
-
-{850} Intoxicants, religious, veneration of, ii. 591 _sq._
-  See Drink, intoxicating; Drunkenness; Wine
-
-Inversion, sexual, ii. 465-470, 752 _sq._
-
-
-JEALOUSY, ii. 387, 389, 449, 450, 751
-
-_Jinn_ (_jnûn_), i. 378, 379, 619, ii. 355, 493. 589, 593-594,
-640, 642, 650
-
-Joint family, the, i. 539 _sq._, ii. 213-216
-
-"Judgment of God," war looked upon as a, i. 358, 360;
-  the duel as a, i. 504-507.
-  See Ordeals
-
-_Jus primæ noctis_, ii. 395, 752
-
-"Justice," analysis of the concept, i. 141-145
-
-Justice, the sense of, among savages, i. 124, 126-129;
-  loved by gods, ii. 675, 684, 686, 699, 700, 703, 704. 732
-
-
-_Karma_, ii. 711
-
-Killing, in self-defence, i. 288-290;
-  of foreigners, i. 331-334, 337-34, 370, 371, 373;
-  of enemies, i. 331-333, 373, ii. 693;
-  of slaves, i. 378, 421-429, 696, 707;
-  of infants by their parents, i. 378, 394-413, 633, ii. 562;
-  of human embryos, i. 378, 408, 409, 413-417, ii. 705;
-  of parents by their children, i. 383-386, 522, ii. 256 _sq._ n. ^2;
-  or abandoning of aged parents, i. 386-390, 606, 607, 612, 620;
-  or abandoning of sick persons, i. 391-393, ii. 542;
-  of grown-up children by their parents, i. 393 _sq._, ii. 256
-  _sq._ n. ^2;
-  of wives by their husbands, i. 418, 419, 631;
-  of women, i. 418-421;
-  of husbands by their wives, i. 419 _sq._;
-  of freemen by slaves, i. 429, 430, 491 n. ^5;
-  of chiefs, i. 430;
-  of the firstborn child, i. 458-460, ii. 562;
-  of the firstborn son, i. 458-461;
-  of departed souls, ii. 516 _sq._;
-  of divine beings, ii. 602-610, 753 sq.;
-  of disappointing magicians, ii. 609.
-  See Blood-revenge, Compensation for homicide, Duel, Head
-  hunting, Homicide, Human sacrifice, Manslaughter, Manslayers,
-  Punishment of death, Suicide, War
-
-Killing of animals, ch. xliv. (ii. 490-514);
-  in consequence of harm done by them, i. 26, 27, 251-260;
-  of sacred animals, i. 227, ii. 603-606, 609;
-  of totem animals, ii. 210, 603, 604, 606;
-  of vermin, i. 26, 27, 251;
-  dogs, i. 381 n. ^6, ii. 501;
-  monkeys, ii. 329, 490, 513;
-  buffaloes, ii. 330;
-  sheep, ii. 330;
-  cattle, ii. 330, 493 _sq._;
-  cows, ii. 330, 331, 497;
-  the ploughing ox, **ii. 330, 331, 493. 494, 504;
-  calves, ii. 331;
-  bees, ii. 490;
-  pigeons, ii. 490;
-  storks, ii. 490;
-  swallows, ii. 490;
-  ravens, ii. 491;
-  toads, ii. 491;
-  fish, ii. 497 _sq._
-  See Sacrifice
-
-King, the, tied by custom, i. 161 _sq._;
-  the poor and the weak protected by, i. 180 _sq._;
-  the right of pardon a prerogative of, i. 192, 196, 226;
-  an object of religious veneration, i. 194, ii. 606-610, 754;
-  homicide committed by the command of, i. 285;
-  strangers protected by, i. 338;
-  homicide regarded as an injury inflicted upon, i. 374;
-  sacrificed, i. 443, 466;
-  human sacrifices offered for the purpose of saving the life of,
-  i. 454-457, 466;
-  proprietary rights of, ii. 33;
-  loyalty to, ii. 180, 182;
-  suicide regarded as an offence against, ii. 240, 263 n. ^1;
-  taboos imposed upon, ii. 287 _sq._, 407, 418;
-  the custom of shutting up doors used by, ii. 538 n. ^2;
-  cannibalism as a duty incumbent upon, ii. 558;
-  killing of, ii. 606-610, 753 _sq._;
-  his burial place an asylum, ii. 630;
-  his house an asylum, ii. 636;
-  his person an asylum, ii. 636 _sq._;
-  swearing on the life of, ii. 637;
-  criminals prevented from cursing, ii. 637;
-  curses pronounced by, ii. 703
-
-Kinship, mutual assistance imposed as a duty by, i. 538-540;
-  the social influence of, ii. 198, 201-206, 220, 224, 227, 748.
-  See Descent
-
-Knots, magic, ii. 585, 619, 652
-
-Knowledge, regard for, ii. 131-136;
-  of religious truth, influencing the future state, ii. 132-134,
-  719-721, 725-727
-
-Known concomitants of acts, i. 212-214, 249
-
-
-LABOUR, ii. 268-283;
-  the division of, between the sexes i. 633-637, ii. 271;
-  property acquired by, ii. 41-43, 53, 69-71;
-  suspension of, {851} on various occasions, ii. 283-289;
-  temporarily forbidden to men who have eaten human flesh, ii. 575
-
-_L-[(]ahd_, ii. 623 _sq._
-
-Lamentations at funerals, ii. 524, 528, 541 _sq._
-
-Landmarks, removing of, i. 186, ii. 60, 61, 67-69, 703, 714, 717
-
-Language, as a communicator of moral emotions, i. 115-117;
-  as an expression of moral concepts, i. 131-133;
-  the influence of a common, ii. 167, 170, 181;
-  as an emblem of nationality, ii. 224 _sq._
-
-_L-[(]âr_, i. 57, 58, 566, 586, 587, 591, ii. 584-586, 618-620,
-623, 638
-
-Laws, customs and, as expressions of moral ideas, ch. vii. (i.
-158-201);
-  their relations to customs, i. 163-166
-
-Lent fast, ii. 295, 308 _sq._
-
-Levirate, the, i. 528
-
-_Lex talionis_. See Equivalence, the rule of
-
-Libel, i. 522, ii. 96, 141
-
-Lightning, persons struck by, i. 26, ii. 239, 544, 549, 697 _sq._
-
-Likings, disinterested, i. 117, ii. 16, 58, 185, 227, 261, 262,
-266, 267, 744-746
-
-_Limbus_, ii. 722
-
-Lions, their fear of strange phenomena, ii. 583
-
-Love. See Affection, Free love, Homosexual love
-
-Loyalty, ii. 180, 182
-
-Lunacy, attributed to demoniacal possession, i. 270, 274 _sq._,
-ii. 593;
-  to malignant magical agency, i. 317, ii. 531 _sq._;
-  regarded as a divine punishment, i. 274 _sq._;
-  as a punishment inflicted by a saint, ii. 628
-
-Lunatics, injuries committed by, i. 189, 269-277, 298, 299, 316,
-317, 319;
-  objects of religious reverence, i. 270 _sq._, ii. 590;
-  burned as witches, i. 273
-
-Luxury, ii. 266
-
-Lying. See Truth, regard for
-
-Lynching, i. 91
-
-
-MADNESS. See Lunacy
-
-Magic, regarded as a cause of death, i. 24, 29, ii. 534, 651;
-  as a cause of lunacy, i. 317, ii. 531 _sq._;
-  expertness in, attributed to strangers, i. 584;
-  to old persons, i. 619 _sq._;
-  to women, i. 620, 666-668;
-  the position of slaves influenced by the dread of, i. 716;
-  fasting in connection with, ii. 293 _sq._;
-  definitions of, ii. 584, 753;
-  attitude of religion towards, ii. 649, 650, 652, 753;
-  its influence on moral ideas, ii. 696;
-  supposed to influence the future state of men, ii. 700, 701,
-  706, 709, 710, 712.
-  See Blessings, Blood, Charms, Cross, Cross-roads, Curses,
-  Evil eye, Knots, _L-[(]ahd_, _L-[(]âr_, Magicians, Oaths,
-  Ordeals, Prayer, Purificatory ceremonies, Sacrifice, Sexual
-  intercourse (as a magical or religious rite), Spitting,
-  Transference, Witchcraft
-
-----, hom[oe]opathic, ii. 446 n. ^7, 753
-
-----, sympathetic, i. 589 _sq._, ii. 204, 205, 209 n. ^5, 546,
-566, 643
-
-Magicians, curses of, i. 563;
-  sexual intercourse with, i. 593 n. ^1;
-  abstain from certain foods, ii. 322, 327;
-  purificatory ceremonies of, ii. 352;
-  celibacy compulsory on, ii. 405 _sq._;
-  conjugal faithfulness compulsory on persons who wish to become,
-  ii. 419;
-  addicted to homosexual practices, ii. 458, 459, 465, 472, 477,
-  484, 486 _sq._;
-  treatment of the dead bodies of, ii. 527;
-  cannibalism of, ii. 564;
-  killing of disappointing, ii. 609;
-  their residences asylums, ii. 631.
-  See Witches; _cf._ Priests
-
-Males, the sexual impulse of, i. 657
-
-Mammals, paternal care among, ii. 189 _sq._;
-  maternal care among, ii. 190;
-  the duration of conjugal unions among, ii. 192
-
-Man-gods, eating of, ii. 563 _sq._;
-  killing of, ii. 606-610, 753 _sq._
-
-Mankind at large, duties to. See Cosmopolitanism
-
-Manslaughter, distinguished from murder, i. 294-298, ii. 633
-
-Manslayers, regarded as unclean, i. 225, 232, 233, 375-382, ii.
-256 _sq._ n. ^2;
-  adoption of unintentional, i. 484;
-  refuge denied to, ii. 632 _sq._
-
-Marital affection, i. 113, 532 _sq._, ii. 190-193.
-  See Conjugal affection
-
-Marriage, ch. xl. (ii. 364-398);
-  as a compensation for homicide, i. 484;
-  the father's consent required for a daughter's, i. 599, 609,
-  611, 613, 615 _sq._, ii. 383;
-  for a son's, i. 609, 613, 615 _sq._;
-  the parents' {852} consent required for a child's, i. 607, 608,
-  617, 618, 624 _sq._;
-  slaves prohibited from contracting a legal, i. 693, 697, 706 _sq._;
-  prohibition of, between white and coloured persons, i. 714;
-  between relations by adoption, ii. 369, 374, 375, 748-750, 752;
-  regarded as a duty, ii. 399-405;
-  enjoined by religion, ii. 399-404;
-  between dead persons, ii. 400;
-  forbidden to persons whose function it is to perform religious
-  or magical rites, ii. 405-409, 412-414, 418-421;
-  considered impure, ii. 410-412;
-  between a god and a woman, ii. 412-414;
-  avoidance of, between cannibals and their non-cannibal
-  neighbours, ii. 571;
-  the contracting of a second, forbidden to widows, i. 475, ii. 450 _sq._;
-  to priests, ii. 412;
-  considered improper for widowers, ii. 451.
-  See Divorce, Group marriage, Incest, Levirate
-
-Marriage by capture, ii. 382 _sq._
-
----- by purchase, i. 421, 599, 632 _sq._, ii. 382-385, 751;
-  a hindrance to polygyny, ii. 389;
-  the marriage tie strengthened by, ii. 397;
-  the standard of female chastity raised by, ii. 436, 437, 440
-
----- portion, ii. 385 _sq._;
-  the marriage tie strengthened by the, ii. 397
-
-Maternal affection, i. 405, 529-531, ii. 186-190, 193, 748
-
----- duties, i. 526, 533, **ii. 748
-
----- rights, ch. xxv. (i. 597-628), **ii. 748
-
-Matter, regarded as impure, ii. 362 _sq._
-
-Meat, manslayers prohibited from eating, i. 375;
-  abstained from before the offering of a sacrifice, ii. 296;
-  after a death, ii. 301, 302, 304 _sq._
-  See Vegetarianism
-
-----, fresh, abstained from after a death, ii. 300 _sq._;
-  by girls at puberty, ii. 307 _sq._
-
-Medicines, religious veneration of, ii. 591, 641
-
-Men, the occupations of, i. 633-637;
-  the sexual impulse of, i. 657;
-  forbidden to eat certain foods, ii. 321 _sq._;
-  extra-matrimonial intercourse of, ii. 422-434, 436-455;
-  the preference given to virgin brides by, ii. 434-437, 440;
-  homosexual practices between, ch. xliii. (ii. 456-489), ii. 752 _sq._
-
-"Merit," analysis of the concept, i. 150-152
-
-Merits, i. 86, ii. 360 _sq._, common enjoyment of, i. 96-99;
-  the conferring of, upon the dead, ii. 550-552
-
-Midsummer customs, i. 56 _sq._
-
-Milk, prohibition of boiling, i. 197;
-  offered to strangers, i. 590 _sq._;
-  abstinence from, ii. 325 _sq._;
-  after a death, ii. 301
-
-Miracles, ii. 590 _sq._
-
-Modesty, ii. 144 _sq._
-
-Monkeys, the feeling of revenge in, i. 37 _sq._;
-  self-regarding pride in, i. 39, ii. 138;
-  sympathetic resentment in, i. 112;
-  credited with a conscience, i. 249;
-  adoption of young among, ii. 189;
-  abstinence from eating, ii. 328 _sq._;
-  aversion to killing, ii. 329, 490, 513. See Apes
-
-Monks, sexual intercourse forbidden to, ii. 409, 412;
-  addicted to homosexual practices, ii. 462, 467
-
-Monogamy, ii. 192, 387-392
-
-Monotheism, intolerance of, ii. 644-647, 649, 650, 652;
-  its tendency to attribute the most exalted qualities to the
-  deity, ii. 734
-
-Moon, abstinence from work in connection with changes in the, ii.
-284-287, 747;
-  fasting in connection with changes in the, ii. 296, 297.
-  309-313
-
----- gods, appealed to in oaths, ii. 121, 122, 699;
-  regarded as judges, ii. 699, 703 _sq._
-
-Moral approval, the nature of, i. 21, 93-107;
-  the origin of, i. 108-111, 117-123, 129 _sq._;
-  moral concepts springing from, i. 145-154;
-  only indirectly expressed in custom, i. 160;
-  hardly at all expressed in law, i. 166 _sq._;
-  the resemblance between the phenomena which give rise to
-  gratitude and those which call forth, i. 318 _sq._
-
-"---- axioms," i. 12
-
----- concepts, based on moral emotions, ch. i. (i.
-4-20);
-  analysis of the principal, ch. vi (i. 131-157);
-  among non-European peoples, i. 131-133
-
----- disapproval, the nature of, i. 21-93, 100-107;
-  the origin of, i. {853}108-129;
-  moral concepts springing from, i. 134-145;
-  expressed in customs and laws, ch. vii. (i. 158-201);
-  the resemblance between the phenomena which give rise to
-  non-moral resentment and those which call forth, i. 315-319
-
-Moral emotions, the moral concepts based on, chs. i. (i. 4-20),
-vi. (i. 131-157);
-  the nature of the, chs. ii.-iv. (i. 21-107);
-  the origin of the, ch. v. (i. 108-130);
-  expressed in customs and laws, ch. vii. (i. 158-201);
-  the resemblance between the phenomena which give rise to
-  non-moral retributive emotions and those which call forth, i.
-  314-319;
-  not determined by the cognition of free-will, i. 321-326
-
----- evolution, general characteristics of, ii. 743-746
-
----- ideals, i. 153 _sq._
-
----- judgments, the emotional origin of, ch. i. (i. 4-20);
-  the assumed objectivity of, i. 6-20, 104 _sq._;
-  the general nature of the subjects of, chs. viii.-xii. (i.
-  202-313);
-  why conduct and character form the subjects of, i. 314-320;
-  the relation between free-will and, i. 320-326;
-  the innate character the proper subject of, i. 326
-
----- law, the authoritativeness attributed to the, i. 14-17
-
-"---- reason," i. 7 _sq._
-
-"---- truth," i. 17 _sq._
-
-Morbid impulses, injuries committed under the influence of, i.
-298 _sq._
-
-Morning gift, ii. 385
-
-_Mos_, i. 119, 122
-
-Mother, children's affection for their, i. 534-538, 618, 659, ii.
-194, 748;
-  descent traced through the, i. 597 598, 655 _sq._, ii. 44-46,
-  54, 202, 203, 205, 206, 211, 220;
-  committing suicide on the death of her only son, ii. 244 n. ^3.
-  See Maternal affection, duties, rights; Parents
-
-Motives, ch. xi. (i. 283-302); i. 207-209, 316, 318
-
-Mourners, delicate state of, ii. 283, 307;
-  considered polluted, ii. 306, 307, 545;
-  purificatory ceremonies of, ii. 354
-
-Mourning costume, ii. 524, 545, 547
-
----- customs, ii. 283, 284, 298-308, 520, 524, 526, 528, 541,
-542, 544-548;
-  forbidden in the case of suicide, ii. 247.
-  See Death
-
-Murder, manslaughter distinguished from, i. 294-298, ii. 633.
-  See Homicide
-
-Mutilation, as a punishment, i. 192, 195. 311, 312, 513, 518-523.
-ii. 8, 9, 12, 13, 74, 84, 123 n. ^1, 143 n. ^1, 447, 449 _sq._
-
-Mutton, abstinence from, ii. 322, 327
-
-Mutual aid, i. 538-569
-
-
-NAMES, certain superstitions relating to, i. 460, ii. 369;
-  social influence of, ii. 203 _sq._;
-  their influence on exogamy, ii. 369, 748;
-  prohibition of mentioning dead persons', ii. 524, 545-547, 550;
-  of mentioning supernatural beings', ii. 640-643
-
-National conceit, ii. 170-174
-
-Nationalism, i. 367-369, ii. 184, 185, 224 _sq._
-
-Nationality, the feeling of, ii. 183-185.
-  See Patriotism
-
-Negative commandments, why more prominent than positive
-commandments, i. 303
-
-Negligence, i. 210, 211, 303-305
-
-Negro slavery, i. 428, 429, 516-518, 683, 704-714, ii. 32 _sq._
-
-Negroes, not accepted as witnesses against white persons, i. 429;
-  antipathy to, i. 713 _sq._;
-  injuries inflicted upon white persons by, i. 713 _sq._;
-  white persons prohibited from marrying, i. 714
-
-New, fear of anything, i. 462 _sq._
-
-Nuns, sexual intercourse forbidden to, ii. 409, 412
-
-
-OATHS, materialistic conception of, i. 58-61, 233 _sq._;
-  the taking of, forbidden to the high priest, i. 58, ii. 638;
-  to priestesses, ii. 638;
-  contained in ordeals, i. 505 _sq._, ii. 687-690;
-  taken upon arms, i. 506, ii. 119-121;
-  upon tent-poles, i. 588 n. ^5;
-  in connection with theft, ii. 62, 63, 66, 68;
-  sworn by the eldest sister, i. 606;
-  on the life of the king, ii. 637;
-  supernatural beings appealed to in, ii. 67, 68, 120-123,
-  686-690, 699, 731 _sq._;
-  prohibition of taking, ii. 99, 124;
-  not considered binding if contrary to the good of the Church,
-  ii. 100;
-  methods of adding supernatural {854} energy to, ii.
-  118-122;
-  taken upon blood, ii. 118-121, 621, 622, 687-689;
-  blood-covenants accompanied by, ii. 208, 209, 567.
-  See Perjury
-
-Obedience, to parents, ch. xxv. (i. 597-628);
-  to husbands, ch. xxvi. (i. 629-669);
-  slaves, to their masters, ch. xxvii (i. 670-716);
-  to rulers, i. 194-196;
-  to gods, i. 194-198, ii. 659 _sq._;
-  to the dead, ii. 519, 520, 541
-
-Occupation, acquisition of property by, ii. 35-39, 51, 52, 54 _sq._
-
-Occupations of life, divided between the sexes, i. 633-637, ii. 271
-
-Offerings to the dead, ii. 302, 303, 400-404, 517, 518, 524, 539,
-547, 550, 692, 700, 701, 704, 708;
-  connection between almsgiving and, ii. 550-552
-
----- to gods. See Sacrifice
-
-Offspring, man's desire for, i. 533, ii. 388, 391, 400-404, 423, 440;
-  the future state of persons who have died without, ii. 400-404
-
-Old age, criminal responsibility affected by, i. 266 _sq._;
-  the future state of persons who have died of, i. 390, ii. 235,
-  238 n. ^3, 698
-
----- persons, killing or abandoning of, i. 386-390, 606, 607,
-612, 620;
-  eaten by their relatives, i. 390, ii. 554, 568 _sq._;
-  kind treatment of, i. 540, 546, 625 _sq._, ii. 672;
-  respect for, i. 603-605, 614, 615, 619-621, ii. 194, 675;
-  supposed to be versed in magic, i. 619 _sq._;
-  curses and blessings of, i. 622, 626;
-  suicide committed by, ii. 232, 235, 236, 247 _sq._
-
-Omissions, i. 210-212, 303-305, 317
-
-_Opera supererogativa_, i. 86, 98 _sq._ See Merits
-
-Opinions, moral judgments relating to, i. 215 _sq._
-
-Ordeals, ii. 686-690, 732;
-  duels as, i. 504-507
-
-"Ought," analysis of the concept, i. 134-137
-
-Outlawry, i. 46, 47, 172, 173, 311
-
-Owls, prohibition of eating, ii. 321
-
-Oxen, prohibition of killing ploughing, ii. 330, 331, 493, 494, 504
-
-
-PARDON, the right of, as a prerogative of the Crown, i. 192, 196, 226
-
-Parental affection. See Maternal, Paternal affection
-
-Parents, their authority over their children, ch. xxv. (i. 597-628);
-  curses or blessings of, i. 58, 538, 621-627, ii. 703, 715, 716
-  n. ^2, 732;
-  children punished if convicted of a design to kill their, i. 245;
-  killing their infant children, i. 378, 394-413, 633, ii. 562,
-  752 _sq._;
-  children killing their, i. 383-386, 522, ii. 256 _sq._ n. ^2, 749;
-  children killing or abandoning their aged, i. 386-390, 606,
-  607, 612, 620;
-  eaten by their children, i. 390, ii. 554, 568 _sq._;
-  killing their grown up children, i. 393 _sq._, ii. 256 _sq._ n. ^2;
-  exposing their new-born children, i. 406-412, 689;
-  children sacrificed to save the lives of their, i. 455, 456,
-  459-461;
-  sacrificing their children, i. 455-461;
-  eating their children, i. 458 _sq._, ii. 554, 555. 562, 568 _sq._;
-  daughters committing suicide on the death of their, i. 473;
-  inflicting corporal punishment upon their children, i. 513-515,
-  607, 610;
-  children using violence against their, i. 513, 624 _sq._, ii. 677;
-  their duty of taking care of their children, i. 526-533;
-  children's duty of taking care of their, i. 533-538;
-  children's respect for their, i. 534-538, 600, 601, 607-613,
-  616-628, ii. 194;
-  children's affection for their, i. 534-538, 618, 659, ii. 194, 748;
-  religion emphasising children's duties to their, i. 536, 537,
-  608, 610, 612, 613, 616, 617, 620-627, ii. 711, 714, 715, 716 n.
-  ^2, 717, 732;
-  children cursing their, i. 564;
-  selling their children as slaves, i. 599, 607, 609, 611, 612,
-  615, 675, 681, 682, 684, 685, 689, 691 _sq._;
-  children telling a falsehood in the presence of their, ii. 96;
-  children addressing abusive language to their, ii. 142;
-  their duties to their children, ii. 166, 748;
-  children's duties to their, ii. 166, 748;
-  committing suicide on the death of their children, ii. 232, 244
-  n. ^3;
-  fasting after the death of their children, ii. 298-300;
-  children fasting after the death of their, ii. 298-301;
-  children punished after death for {855} inflicting injuries
-  upon their, ii. 715.
-  See Maternal, Paternal affection
-
-Parricide. See Parents
-
-_Parricidium_, i. 384 _sq._
-
-Pastoral life, supposed connection between the custom of
-ultimogeniture and a, ii. 48 n. ^4, 56 n. ^5
-
----- peoples, vegetable food provided by the women among, i. 634,
-ii. 273;
-  the position of women among, i. 660 _sq._;
-  slavery among, i. 672, 673, 681;
-  social aggregates of, ii. 201;
-  their sympathy for their domestic animals, ii. 506
-
-Passing-bell, the, ii. 524, 544
-
-Passover, the, i. 459, 470, ii. 296
-
-Paternal affection, i. 401, 402, 405, 529-533. ii. 187-190, 193, 748;
-  its influence on the duration of marriage, ii. 397
-
-Patriotism, ii. 167-185
-
-Peace, perpetual, i. 334, 337, 367
-
----- Societies, i. 369
-
-_Peculium_, of slaves, i. 690, 697, ii. 31-33;
-  of sons, ii. 28;
-  of women, ii. 29
-
-Pederasty. See Homosexual love
-
-Penance, ii. 356-361, 363, 708, 735;
-  fasting as a form of, ii. 246, 315-318, 406
-
-Perjury, considered contagious, i. 58-61;
-  considered sinful though committed unconsciously, i. 229, 231,
-  233 _sq._;
-  punished by custom or law, i. 505, 521 _sq._, ii. 123 n. ^1;
-  regarded as an offence against the deity, i. 507, ii. 122, 122
-  _sq._ n. ^10;
-  no civil punishment affixed to, ii. 123 n. ^1;
-  believed to incur divine punishment, ii. 123 n. ^1, 684, 686, 714;
-  to cause misery after death, ii. 715 _sq._
-
-Phratry, the, ii. 217, 218, 222 _sq._
-
-Pigeons, prohibition of killing, ii. 490;
-  eating of, ii. 737
-
-Pilgrimage, ii. 314, 416, 538 n. ^2, 725
-
-"Pious fraud," ii. 100, 104, 112
-
-Pocket-picking, i. 187, 243
-
-Politeness, i. 160, ii. 146-152
-
-Pollution, of sin, i. 52-57, 61-65, 70, 71, 85, 86, 407, ii. 256
-n. ^2, 654 _sq._;
-  of curses, i. 57-61, 70, 233, 234, 624 _sq._, ii. 583, 584, 703;
-  of blood, i. 225, 232, 233, 375-382, ii. 256 _sq._ n. ^2, 262, 714;
-  of women, i. 663-666, ii. 538 n. ^2;
-  of self-inflicted death, ii. 257 n. ^5 262;
-  of death, ii. 283, 302-307, 416, 536-539, 544 _sq._;
-  of natural death, ii. 416, 609;
-  of food, ii. 294-296;
-  of wine, ii. 344 _sq._;
-  sexual, ii. 414-420, 752;
-  caused by partaking of human flesh, ii. 538, 575 _sq._;
-  holiness very susceptible to, i. 58, 380-382, 625, ii. 294-296,
-  322, 344, 345. 352, 353, 415-420, 608-610, 638, 643, 752
-
-Polyandry, ii. 387, 395
-
-Polygyny, ii. 387-392, 395;
-  connection between illegitimate children's right to inheritance
-  and, ii. 57;
-  a cause of homosexual practices, ii. 466
-
-Polytheism, tolerance of, ii. 647-652
-
-Pork, abstinence from, ii. 321, 322, 326-330, 335
-
-Positive commandments, i. 303-305, 310
-
-Possession, acquisition of property by continued, ii. 39-41, 52
-
-Potatoes, abstinence from, after a death, ii. 301
-
-Poverty, estimation of, i. 556, ii. 280 _sq._;
-  a cause of uncleanliness, ii. 351;
-  monogamy associated with, ii. 392
-
-Prayer, ii. 653-659;
-  for remission of sin, i. 49, 54, 55, 228 _sq._, ii. 654, 655.
-  72, 707;
-  purification preparatory to, i. 380 _sq._, ii. 352, 353, 358,
-  359, 415. 416, 418 _sq._;
-  development of a curse or a blessing into a, i. 564 _sq._, ii.
-  66-68, 120-123, 658, 686-690, 731;
-  almsgiving connected with, i. 567 _sq._;
-  forbidden to women, i. 664, 667 n. ^1;
-  used as greeting, ii. 150;
-  fasting an appendage to, ii. 316 _sq._;
-  magic efficacy ascribed to, ii. 353, 418, 419, 656-659, 706, 712;
-  continence a preparation for, ii. 417-419
-
-Preparation, acts of, i. 243-246
-
-Prescription, ii. 40, 41, 52 _sq._
-
-Pride, condemnation of, ii. 144 _sq._
-  See Self-regarding pride
-
-Priestesses, forbidden to marry or to have intercourse with men,
-ii. 406-408, 412-414, 420;
-  continence compulsory on women who wish to become, ii. 419;
-  prostitution of, ii. 443 _sq._;
-  asylums, ii. 637 _sq._;
-  prohibited from taking an oath, ii. 638
-
-Priests, forbidden to take an oath, i. 58, ii. 638;
-  to engage in warfare, {856} i. 348, 381;
-  to shed human blood, i. 381 _sq._;
-  to take part in a capital charge, i. 381, 382, 493;
-  to engage in hunting, ii. 506;
-  the law of torture relating to, i. 523 _sq._;
-  curses of, i. 563;
-  enslaving of children of incontinent, i. 700;
-  certain foods forbidden to, or rejected by, ii. 322, 329, 333, 338;
-  forbidden to marry and to have intercourse with women, ii.
-  405-409, 412, 414, 418-421;
-  eunuch, ii. 408, 414, 488 n. ^6;
-  forbidden to contract a second marriage, ii. 412;
-  to marry widows, ii. 412, 420;
-  to marry harlots or divorced wives, ii. 420;
-  taboos imposed upon, ii. 417 _sq._;
-  continence compulsory on persons who wish to become, ii. 419;
-  temporary continence compulsory on, ii. 419 _sq._;
-  the punishment of unchastity in the daughters of, ii. 420;
-  represented as corrupters of domestic virtue, ii. 432;
-  their celibacy a cause of homosexual practices, ii. 467;
-  boys kept as, ii. 473;
-  used as temple prostitutes, ii. 473, 488;
-  cannibalism of, ii. 563, 574;
-  their residences asylums, ii. 630, 634, 637;
-  opposing sorcery, ii. 652;
-  regarded as manifestations of gods, ii. 657, 709;
-  encouraging the belief in the magic efficacy of prayer, ii. 658
-  _sq._
-  See Benefit of Clergy; _cf._ Magicians
-
-Primogeniture, ii. 45, 46, 48, 55 _sq._
-
-Promiscuity, the theory of, ii. 396
-
-Promises. See Good faith
-
-Property, the right of, ch. xxviii. _sq._ (ii. 1-71);
-  forfeiture of, as a punishment, i. 47, ii. 254;
-  acquired by a successful duel, i. 498, 503, ii. 9;
-  of wives, i. 632, 637-641, 643, 645, 661, ii. 28-31, 41;
-  of women, i. 661, ii. 28-30, 41;
-  of slaves, i. 677, 684, 688, _cf._ _Peculium_ of slaves;
-  of the dead, i. 399, ii. 44, 518, 539 _sq._, see Inheritance, Wills;
-  of supernatural beings, ii. 626 _sq._;
-  supernatural beings as guardians of, ii. 59-69, 669, 675-677,
-  679, 684, 686, 699, 700, 705, 714, 717, 732
-
-Prostitution, i. 608, ii. 428-431, 437, 439-446;
-  religious, ii. 443-446, 488;
-  of men, ii. 459-462, 463, 476, 478, 488
-
-Provocation, i. 290-298, 311, 316 _sq._
-
-Prudence, i. 560, 581, 715, ii. 52, 59, 114, 124, 176, 185,
-265-268, 331, 332, 334. 335, 342, 428, 497, 539, 547, 548, 660
-
-Puberty, girls at, ii. 307 _sq._
-
-Public approval, the prototype of moral approval, i. 9, 122, 129
-
----- disapproval, the prototype of moral disapproval, i. 9, 119-122
-
-Pulse, abstinence from, ii. 322, _cf._ ii. 430 _sq._
-
-Punishment, inflicted on others than the culprit, i. 43-48, 69 _sq._;
-  restricted to the culprit, i. 70-72;
-  essentially an expression of the moral indignation of the
-  society which inflicts it, i. 79, 89-91, 169, 185, 198-201;
-  theories as to the proper object of, i. 79-91;
-  regarded as a means of eliminating the criminal, i. 80-82;
-  as a deterrent, i. 80-84, 88-91;
-  as a means of reforming the criminal, i. 80-91;
-  defined, i. 82, 169 _sq._;
-  the limited efficiency of, as a deterrent, i. 90 n. ^1;
-  a source of moral disapproval, i. 115;
-  the relation between indemnification and, i. 168 _sq._;
-  among savages, i. 170-177;
-  transition from revenge to, i. 180-185;
-  the opinion that determent actually is or has been the chief
-  object of, i. 185-200;
-  the increasing severity of, i. 186-198;
-  inflicted on criminals in public, i. 191 _sq._;
-  of unintentional injuries, i. 219, 221-226, 231, 232, 235-240;
-  of attempts to commit crimes, i. 241-247, 374;
-  of acts of preparation, i. 243-246;
-  of bare intentions, i. 245;
-  inflicted on animals, i. 253-260, 264, 308;
-  on inanimate things, i. 261-264, 308;
-  of injuries committed by children, i. 265-269;
-  by old persons, i. 266 _sq._;
-  by lunatics, i. 271-277, 298 _sq._;
-  by idiots, i. 273;
-  in drunkenness, i. 279-282;
-  inflicted upon the offending member, i. 311, 312, 513, 518,
-  519, 521 _sq._, ii. 9, 13, 74, 84, 123 n. ^1, 143 n. ^1;
-  from a deterministic point of view, i. 320 _sq._;
-  influenced by rank, i. 430-433, 491, 518, 519, 524, ii. 19, 20,
-  58, 142, 143, 448-450;
-  corporal, i. 520-525;
-  suicide committed out of fear of, ii. 233;
-  redeems the sufferer from {857} punishment in a future
-  existence, ii. 360;
-  inflicted on gods, ii. 610.
-  For various kinds of punishment see Banishment, Cannibalism
-  (as a punishment), Emasculation, Mutilation, Outlawry, Property
-  (forfeiture of), Serfdom (as a punishment), Shame (putting
-  offenders to), Slavery (as a punishment)
-
-Punishment in a future existence. See Future life
-
----- of death, i. 491-496;
-  among savages, i. 188-190, 195-197;
-  as a kind of human sacrifice, i. 440, 471 _sq._;
-  suicide as an alternative to, ii. 243;
-  inflicted for a variety of crimes, i. 44-46, 171, 172, 174,
-  177, 186-197, 253, 254, 287, 306, 311, 312, 331, 383-386, 404,
-  407, 409, 412, 416, 419, 420, 423, 424, 429-433, 439, 440, 491,
-  492, 495, 496, 508, 509, 513, 516, 518, 685, ii. 4, 5, 7-9,
-  12-15, 19, 96, 140-142, 256 n. ^2, 276, 331, 366-368, 378,
-  406-408, 420, 424-426, 428, 429, 431, 442, 447-450, 453, 474, 475
-  n. ^10, 477-482, 497, 558, 640, 647, 650-652
-
-Purificatory ceremonies, i. 53-57, 69, 233, 375-377, 379-381,
-625, ii. 256 _sq._ n. ^2, 257 n. ^5, 294, 295, 328, 352-354, 358,
-359, 415, 416, 472 n. ^7, 476, 538, 545, 726
-
-
-RAIN, human sacrifices offered for the purpose of producing, i.
-449-451;
-  certain other methods of procuring, ii. 315, 361
-
-Rama[d.]ân, the fast of, i. 271, ii. 313-315, 725
-
-Rank, influencing customs or laws relating to homicide, i. 34,
-35, 178, 430-433, 491;
-  to capital punishment, i. 491;
-  to bodily injuries, i. 518, 519, 524;
-  to corporal punishment, i. 522-524;
-  to torture, i. 523 _sq._;
-  to theft, ii. 19, 20, 58;
-  to sincerity, ii. 103;
-  to insults, i. 142 _sq._;
-  to politeness, i. 151 _sq._;
-  to suicide, i. 243;
-  to marriage, ii. 379, 380, 384;
-  to chastity, ii. 428, 433 _sq._;
-  to rape, ii. 437 _sq._;
-  to adultery, ii. 448-450;
-  to the disposal of the dead, ii. 527, 549;
-  to cannibalism, ii. 573 _sq._;
-  supposed to influence the efficacy of curses, i. 626 _sq._;
-  to influence men's state in the other world, ii. 698
-
-Rape, i. 187, 188, 311, 521, ii. 437, 438, 476, 633, 679;
-  self-defence in the case of, i. 290
-
-Rashness, i. 211, 305-310
-
-Ravens, fear of killing, ii. 491
-
-Reason, the theory according to which moral judgments are
-ultimately based on, i. 7-17
-
-Reception ceremonies, i. 590-592
-
-Reflection, its influence on moral estimates, i. 10, 11, 70, 216,
-237, 247, 248, 251, 283, 303, 310, 312-314, ii. 111, 136, 267,
-268, 274, 283, 405, 512-514, 580, 581, 744-746;
-  on non-moral resentment, i. 315, 316, 318
-
-Reflex action, i. 22
-
-Regalia, regarded as wonder-working talismans, ii. 608 n. ^4, 753 _sq._
-
-Regret, the similarity between remorse and, i. 123 _sq._
-
-_Religio_, the meaning of the word, ii. 584-586
-
-Religion, belief in supernatural being an essential element in,
-ch. xlvii., (ii. 582-601);
-  duties to gods inculcated by, ch. xlviii. _sq._ (ii. 602-662);
-  relations between morality and, chs. l.-lii. (ii. 663-737), 745 _sq._;
-  custom stronger than, i. 164;
-  enjoins abstinence from work on certain days, i. 187, ii. 284-289, 718;
-  the severity of punishment increased by, i. 193-198;
-  enjoins fasting, i. 271, ii. 246, 292-298, 308-318, 358, 406, 725;
-  a source of war, i. 339, 349-352, 359;
-  attitude of, towards war, i. 339, 341, 342, 345-366, 369
-  _sq._, ii. 711;
-  condemns homicide, i. 345, 346, 378-380, 382, ii. 669, 672,
-  676, 684, 686, 700, 705, 714, 716 n. ^2, 717, 732;
-  condemns the killing or exposure of infants, i. 407, 411 _sq._;
-  condemns feticide, i. 414-417, ii. 705;
-  attitude of, towards slavery, i. 424, 426, 516, 683-689,
-  693-700, 711-713, ii. 711;
-  gives support to capital punishment, i. 496;
-  influences the right to bodily integrity, i. 520;
-  inculcates filial duties, i. 536, 537, 608, 610, 612, 613, 616,
-  617, 620-627, ii. 711, 714, 715, 716 n. ^2, 717, 732;
-  enjoins charity, i. 549-558, 561-569, ii. 669, 672, 699, 705,
-  711, 717, 718, 725, 726, 732;
-  enjoins hospitality, i. 578-580, ii. 669, 711, 714, {858} 715,
-  717, 718, 726, 732;
-  influences the treatment of old persons, i. 620 _sq._, ii. 672, 675;
-  influences the position of women, i. 663;
-  regards women as unclean, i. 663-666;
-  attitude of, towards serfdom, i. 703 _sq._;
-  the right of property sanctioned by, ii. 59-69, 669, 675-677,
-  679, 684, 686, 699, 700, 705, 714, 717, 732;
-  the regard for truth and good faith sanctioned by, ii. 96,
-  114-124, 128, 129, 669, 672, 675-677, 684, 686, 699, 700,
-  703-705, 707. 711, 714, 717, 726, 732;
-  leads to "pious fraud," ii. 100, 104, 112;
-  condemns pride, ii. 144 _sq._, its relation to national feeling
-  and patriotism, ii. 174, 175, 178 _sq._;
-  as a social tie, ii. 209-213, 225-227, 725;
-  the opinions as regards suicide influenced by, ii. 234, 236,
-  237, 242-254, 260, 261, 263;
-  the moral ideas relating to self-regarding conduct influenced
-  by, ii. 267 _sq._;
-  commends agriculture, ii. 275;
-  attitude of, towards labour, ii. 275, 280-289, 675, 705, 747;
-  commends poverty, ii. 280-282;
-  requires ceremonial cleanliness, ii. 294, 295, 352-354, 358,
-  359, 415-420, 700 n. ^5, 705, 718, 726;
-  enjoins pilgrimage, ii. 314, 725;
-  imposes various restrictions in diet, ii. 322-338, 671;
-  encourages drunkenness, ii. 339;
-  enjoins sobriety or total abstinence from intoxicating liquors,
-  ii. 341-345;
-  a cause of uncleanliness, ii. 354-356;
-  leads to various forms of asceticism, ii. 355-363;
-  stigmatises incest, ii. 375, 376, 671;
-  enjoins various forms of endogamy, ii. 378-382;
-  a bar to inter-marriage, ii. 380-382;
-  enjoins monogamy, ii. 392;
-  prohibits divorce, ii. 397;
-  enjoins marriage, ii. 399-404;
-  enjoins celibacy or continence, ii. 406-421;
-  regards marriage as impure, ii. 410-412;
-  condemns second marriages, ii. 412, 451;
-  enjoins sexual cleanliness, ii. 415-420, 736, 752;
-  requires chastity of unmarried women, i. 49, ii. 427 _sq._;
-  condemns extra-matrimonial intercourse, ii. 431-433, 439, 675;
-  prostitution connected with, ii. 443-446, 488;
-  condemns adultery, ii. 447, 448, 450, 453-455, 675, 676, 684,
-  686, 700, 717;
-  homosexual practices connected with, ii. 458, 459, 472-474,
-  484, 486-489, 752;
-  stigmatised by, ii. 475, 476, 479-482, 485-489, 705;
-  inculcates regard for the lower animals, ii. 497-504, 705;
-  looks down upon the lower animals, ii. 505-508;
-  cannibalism in connection with, ii. 562 _sq._;
-  definitions of, ii. 584, 753;
-  born of fear, ii. 612-614;
-  hope an element in every, ii. 614-616;
-  attitude of, towards magic, ii. 649, 650, 652, 753;
-  the communal character of, ii. 661.
-  See Asylums, Atheism, Baptism, Blasphemy, Blood (effusion of,
-  as a religious rite), Eucharist, Flagellation, Future life, Future
-  state, "God," Goddesses, Gods, Guardian spirits, Hell, Heresy,
-  Holiness, Human sacrifice, Intolerance, Monotheism, Oaths, Ordeals,
-  Penance, Perjury, Pilgrimage, Polytheism, Prayer, Priestesses,
-  Priests, Purificatory ceremonies, Sacred places, Sacrifice,
-  Sacrilege, Saints, Self-mortification, Self-mutilation (as a
-  religious rite), Sin, Supreme beings, Tolerance, Totem, Totemism,
-  Unbelief
-
-Remorse, i. 105-107, 123-125, 136;
-  absence of, in criminals, i. 90 n. ^1;
-  a cause of suicide, i. 106, ii. 233
-
-Repentance, i. 105-107, 123-125;
-  as a ground for forgiveness, i. 84-88, 99, 311, 318, ii. 360, 735;
-  adequate, deemed impossible in the case of blasphemy, ii. 640
-
-Repetition of an offence, i. 186, 187, 189, 257, 306, 311, 312,
-318, ii. 7
-
-Reptiles, aversion to eating, ii. 324
-
-Requisitions, military, ii. 27
-
-Resentment, i. 21-93;
-  towards animals, i. 26, 27, 251-260, 264, 308, 316;
-  towards inanimate things, i. 26, 27, 260-264, 315;
-  the phenomena which call forth, i. 315-318
-
-----, sympathetic, i. 111-116, 169, 179, 180, 185, 372, 373, 429,
-433, 524, 533, 559, 560, 659, 714 _sq._, ii. 52, 109, 112, 113,
-140, 166, 176, 185, 262, 266, 496, 528, 580, 661;
-  in animals, i. 112, ii. 52
-
-Rest, ii. 283-289, 747
-
-Retaliation, moral valuation of, i. 73-79. See Punishment, Revenge
-
-Retributive emotions, i. 21-99;
-  the phenomena which call forth, i. {859} 314-319;
-  not determined by the cognition of free-will, i. 322, 326
-
-Retributive kindly emotion, i. 21, 93-99;
-  in animals, i. 94;
-  the phenomena which call forth, i. 318 _sq._;
-  sympathetic, i. 117, 129
-
-Revenge, taken upon animals, i. 26, 27, 251-253, 255, 256, 258;
-  upon inanimate things, i. 26, 27, 260-263;
-  regarded as a duty, i. 73 _sq._;
-  condemned, i. 73-79;
-  demanded by public opinion, i. 176 _sq._;
-  regulated by the rule of equivalence, i. 177-180;
-  succeeded by punishment, i. 180-185;
-  believed to be taken by animals upon men, i. 252, 258, ii. 491,
-  497. 500, 502, 504, 603;
-  taken upon offenders caught _flagrante delicto_, i. 290-294,
-  ii. 8, 13, 17, 429, 447;
-  not to be taken upon a guest, i. 576, 587 _sq._;
-  taken for injuries inflicted upon guests, i. 577 _sq._;
-  suicide as a method of taking, ii. 233, 234, 242-245;
-  supposed to be taken by the dead upon the living, ii. 530, 531,
-  548, 576;
-  taken by the living upon the dead, ii. 692 _sq._;
-  supposed to be taken by ghosts upon other ghosts, ii. 693 _sq._
-  See Blood-revenge
-
-----, the feeling of, its nature and origin, i. 21-42;
-  in animals, i. 37 _sq._;
-  appeased by repentance, i. 87, 88, 318;
-  attributed to gods, i. 194, 198, 438-440, 471 _sq._, ii. 660,
-  661, 667, 668, 702, 714;
-  to the souls of murdered persons, i. 232, 372, 375, 376, 378
-  379, 406, 476, 481 _sq._, ii. 559 _sq._;
-  to the dead, ii. 530, 531, 534;
-  a motive for committing suicide, ii. 233, 234, 242-245;
-  a motive for cannibalism, ii. 557-559
-
-Rewards, vicarious, i. 96-99;
-  a source of moral approval, i. 117;
-  public, i. 166 _sq._;
-  in a future existence, see Future life
-
-Rice, abstinence from, after a death, ii. 301
-
-"Right," analysis of the concept, i. 137-139;
-  the relation between "good" and, i. 146 _sq._
-
-"Rights," analysis of the concept, i. 139-141
-
-Rivers, human sacrifices offered to, i. 452-454
-
-Robbery, i. 187-189, ii. 1-27, 57-69;
-  distinguished from theft, ii. 16, 17, 58;
-  of tombs, ii. 518, 519, 540 _sq._;
-  of temples, ii. 627;
-  refuge denied to persons guilty of, ii. 633.
-  See Stealing
-
-
-SABBATH, the Jewish, i. 187, ii. 286-289, 718, 747;
-  originally a fast-day, ii. 310 _sq._
-
-Sacramental grace, considered necessary for salvation, ii. 719 _sq._
-
-Sacred places, polluted persons prohibited from entering, i. 58,
-ii. 294, 415 _sq._;
-  shedding of human blood prohibited in, i. 380, ii. 635;
-  women excluded from, i. 664 _sq._;
-  sexual intercourse prohibited in, ii. 416, 752;
-  fear of disturbing the peace in, ii. 635 _sq._
-  See Asylums
-
-Sacrifice, ii. 611-626;
-  transference of evil combined with a, i. 62-65;
-  vicarious expiatory, i. 65-70, 438-440;
-  purification preparatory to, i. 380, ii. 294, 352, 353, 358,
-  359, 415;
-  connection between alms giving and, i. 565-569, ii. 550-552;
-  as a means of transferring curses, i. 586 _sq._, ii. 618-624, 658;
-  as a reception ceremony, i. 591, ii. 621;
-  women prohibited from offering a, i. 664 _sq._;
-  fasting in connection with, ii. 294-298;
-  fasting the survival of an expiatory, ii. 316-318;
-  asceticism in some other instances the survival of an earlier,
-  ii. 359;
-  oaths taken in connection with a, ii. 621 _sq._;
-  connected with prayer, ii. 655 _sq._;
-  importance of, ii. 705, 707-712, 714, 716, 718.
-  See Human sacrifice, Offerings to the dead
-
-Sacrificial victims, magic virtue ascribed to, i. 63, 65, 69,
-444-447, ii. 563, 625, 658;
-  looked upon as guardian spirits, i. 464 _sq._;
-  as messengers, i. 465 _sq._, ii. 618;
-  privilege granted to, i. 585 n. ^1;
-  must be free from pollution, ii. 295, 296, 419
-
-Sacrilege, punished with death, i. 188, 197, 439, 492;
-  refuge denied to persons guilty of, ii. 633;
-  if committed by foreigners, ii. 648
-
-Sago, abstinence from, after a death, ii. 301
-
-Saints, oaths taken at the shrines of, i. 59 _sq._, ii. 120;
-  diseases cured by contact with, i. 63;
-  lunatics regarded as, i. 270 _sq._;
-  curses pronounced by, i. 563, 622;
-  _l-[(]âr_ (implying {860} the transference of a conditional curse)
-  made upon, i. 566, ii. 584, 585, 618, 619, 636, 638;
-  robbed of their holiness, i. 586, ii. 608;
-  compacts made at the shrines of, i. 587, ii. 623 _sq._;
-  old men regarded as, i. 619;
-  looked upon as guardians of property, ii. 67 _sq._;
-  the saliva of, ii. 322;
-  ceremonial cleanliness required of those who approach the
-  shrines of, ii. 416, 418, 752;
-  sexual intercourse with, ii. 444, 488;
-  places of striking appearance associated with, ii. 589, 627;
-  miracles performed by, ii. 590-592;
-  gifts offered to, ii. 619;
-  offerings to, participate in their sanctity, i. 445 _sq._, ii. 625;
-  sacredness of the shrines of, ii. 627, 628, 635;
-  lunacy attributed to the resentment of, ii. 628;
-  their shrines asylums, ii. 628, 635, 636, 638;
-  persons attached to the shrines of, ii. 635;
-  unconcerned about the worldly morality of their devotees, ii. 669;
-  invoked by thieves, ii. 669
-
-Salmon, abstinence from eating, after a death, ii. 306 _sq._
-
-Salutations, i. 590-592, ii. 146, 147, 149-151
-
-Sanctuary, the right of. See Asylums
-
-Scalping, i. 333, 375, ii. 525
-
-Scape-goats, i. 53-55, 61-65
-
-Scientific research, ii. 133-136
-
-Scourging, as a religious rite, ii. 294, 357-359
-
-Sea, human sacrifices offered to the, i. 452-454
-
-Self-approval, i. 105-107, 123
-
------defence, i. 288-290;
-  lying in, ii. 92, 94, 97-101, 103-106, 112
-
------mortification, ii. 281, 315-318, 355-363, 421
-
------mutilation, after a death, i. 26, 27, 476, ii. 524, 528,
-544, 545, 547;
-  as a religious rite, i. 470 _sq._, ii. 357
-
-Self-regarding duties and virtues, ii. 265-268
-
------regarding pride, respect for other men's, ch. xxxii. (ii.
-137-152);
-  in men, i. 23, 24, 30, 38-40, 94, 179, 315, ii. 110, 137-140;
-  a cause of suicide, ii. 73, 139, 140, 231-233, 243;
-  in animals, i. 39, ii. 137 _sq._;
-  attributed to the dead, ii. 519;
-  to gods, ii. 639-655
-
------reproach, i. 105-107, 123-125
-
------respect, ii. 265
-
-Self-sacrifice, i. 213, 214, 565, ii. 154, 265, 359
-
-Seniority, respect for, i. 605, 606, 614, 615, 619, 626, ii. 703
-
-Sensuous pleasures, condemnation of, ii. 291, 292, 361-363
-
-Sentiment, i. 110 n. ^3
-
-Separation, judicial, ii. 397, 455
-
-Serfdom, i. 701-704;
-  as a punishment, ii. 19;
-  strangers reduced to, ii. 24;
-  shipwrecked persons reduced to, ii. 25
-
-Serfs, bodily injuries inflicted upon, i. 524 n. ^3;
-  proprietary rights or in capacities of, i. 701 _sq._, ii. 32;
-  intermarriage between freewomen and, ii. 379
-
-Serpents, worship of, ii. 590.
-  See Snakes
-
-Seven, the number, ii. 311 _sq._
-
-Seventh day, the, ii. 286-289. See Sabbath
-
-Sexual impulse, the, in males, i. 657, ii. 435 _sq._;
-  in females, i. 657 _sq._, ii. 435;
-  connection between religious feelings and, ii. 375 n. ^3;
-  regarded as sinful in the unmarried, ii. 432;
-  associated with affection, ii. 439 _sq._, see Conjugal affection
-
----- intercourse, between man and beast, i. 253 _sq._, ii. 409, 749;
-  manslayers temporarily prohibited from, i. 375, 377;
-  abstinence from, with women who are pregnant or who suckle a
-  child, i. 399, ii. 388, 391;
-  with strangers, i. 575, 593, ii. 444-446;
-  with holy persons, i. 593 n. ^1, ii. 444, 488;
-  abstained from after a death, ii. 306;
-  abstained from during the month of Rama[d.]ân, ii. 313;
-  abstinence from, a means of propitiating or pleasing the deity,
-  ii. 358, 420 _sq._;
-  as a magical or religious rite, ii. 395, 443-446, 488;
-  between a man and a married woman, ii. 397, 447-455;
-  between a married man and a woman, ii. 397, 451-455;
-  forbidden to priests and priestesses, ii. 405-409, 412-414, 418-421;
-  to monks and nuns, ii. 409, 412;
-  considered impure, ii. 410, 411, 414-420, 752;
-  regarded as a consequence of Adam's sin, ii. 411;
-  supposed to have been originally free from all carnal desire,
-  ii. 411 n. ^4;
-  supposed to take place between gods and women, ii. 412 _sq._;
-  the future state of persons {861} who have refrained from, ii.
-  414 _sq._;
-  danger attributed to, ii. 415, 446;
-  prohibited in sacred places, ii. 416, 752;
-  abstained from in connection with religious observances, ii.
-  416-420, 736, 752;
-  admission into priesthood preceded by abstinence from, ii. 419;
-  regarded as a transmitter of hereditary sin, ii. 421;
-  between unmarried persons, ii. 422-446, 675, 747;
-  between persons of the same sex, ch. xliii. (ii. 456-489), 752 _sq._;
-  between animals of the same sex, ii. 456, 466, 475 n. ^2;
-  temporarily forbidden to men who have eaten human flesh, ii. 575.
-  See Adultery, Incest, _Jus primæ noctis_, Sodomy
-
-Sexual inversion, congenital, ii. 465-467;
-  acquired, ii. 467-470
-
-Shame, putting offenders to, i. 170;
-  a cause of suicide, ii. 233
-
-Shaving, as a means of purification, ii. 294 _sq._
-
-Sheep, stealing of, i. 187 _sq._, ii. 14;
-  abstinence from killing, for food, ii. 330.
-  See Mutton
-
-Shipwrecked persons, sacrifice of, i. 467;
-  treatment of, ii. 25, 37 _sq._
-
-Sick persons, killing or abandoning of, i. 391-393, ii. 542;
-  kind treatment of, i. 546-548;
-  suicide committed by, ii. 232;
-  unkindness to, punished by the supreme being, ii. 672.
-  See Disease
-
-Sin, collective responsibility in the case of, i. 48-57, 61-72;
-  prayers for remission of, i. 49, 54, 55, 228 _sq._, ii. 654,
-  655, 702, 707;
-  materialistic conception and transference of, i. 52-57, 61-65,
-  70, 71, 85, 86, 407, ii. 256 n. ^2, 654 _sq._;
-  committed accidentally or unknowingly, i. 227-231, 233-235;
-  the sense of, ii. 361;
-  sexual intercourse regarded as a transmitter of hereditary, ii. 421
-
-Sister, the elder, respect for, i. 605, 606, 614;
-  swearing by, i. 606;
-  curses of, i. 626, ii. 703
-
-Slander, ii. 96, 98, 140-142, 700
-
-Slavery, ch. xxvii. (i. 670-716);
-  as a punishment for crime, i. 45, 46, 494, 518, 675, 676, 681,
-  682, 685, 688-691, ii. 7, 8, 12, 13, 74;
-  a cause of suicide, ii. 233, 235, 241;
-  produces contempt for manual labour, ii. 272, 273, 278
-
-Slaves, sacrificed to gods, i. 66, 452, 455, 456, 467 _sq._;
-  to dead persons, i. 472, 474, 486, ii. 234;
-  killing of, i. 378, 421-429, 696, 707;
-  of free men by, i. 429, 430, 491 n. ^5;
-  refuge denied to, i. 427;
-  granted to, i. 690, 692, 696, ii. 637;
-  not allowed as witnesses, i. 429, 697;
-  bodily injuries inflicted upon, i. 515-518, 524, 677, 707;
-  upon freemen by, i. 516-518;
-  corporal punishment inflicted upon, i. 522-524;
-  children sold as, by their parents, i. 599, 607, 609, 611, 612,
-  615, 675, 681, 682, 684, 685, 689, 691 _sq._;
-  curses of, i. 716;
-  proprietary rights and incapacities of, i. 677, 684, 688, 690,
-  697, ii. 28, 31-33, 57;
-  rules of inheritance relating to, i. 679, ii. 46 _sq._;
-  addicted to falsehood, ii. 113, 129 _sq._;
-  insults offered by, ii. 142 _sq._;
-  offered to, ii. 143;
-  marriages between free men and, ii. 379;
-  treatment of the dead bodies of, ii. 527, 549;
-  eaten, ii. 559 567;
-  cursed by their masters, ii. 703
-
-Snakes, abstinence from eating, ii. 324.
-  See Serpents
-
-Social affection, i. 94, 95, 112-114, 559, ii. 197, 198, 226-228
-
----- aggregates, the evolution of, ii. 198-226
-
-Socialism, ii. 69-71
-
-Society, the birthplace of the moral consciousness, i. 117-123
-
-Sodomy, i. 188, ii. 460, 465 n. ^2, 474-476, 479-483, 486-489.
-  See Homosexual love
-
-Solstices, fasting at, ii. 309 _sq._
-  See Midsummer customs
-
-_Soma_, ii. 591, 592, 707 _sq._
-
-Son, sacrificed to save the life of his father, i. 455 _sq._;
-  the parents' or father's consent required for the marriage of
-  the, i. 607-609, 613, 615-618, 624 _sq._;
-  mother committing suicide on the death of her only, ii. 244 n. ^3;
-  allowed to eat only certain foods after the death of his
-  father, ii. 301 _sq._
-  See Children, Firstborn, Primogeniture, Ultimogeniture
-
-Sorrow expressions of, ii. 283, 308, 316, 528
-
-Soul, the immateriality of the, ii. 595 _sq._
-  See Annihilation, Dead, Future Life, Future state, Transmigration
-
-{862} Spiders, prohibition of killing white, ii. 490
-
-Spirits, evil. See Evil spirits
-
-"Spiritual relationship," a bar to inter-marriage, ii. 369, 377
-
-Spitting, superstitions relating to, i. 588, 594, ii. 65, 151,
-209, 322, 546 n. ^2, 636 _sq._
-
-State, the, as a social unit, ii. 221-226;
-  its influence on the smaller units of which it was composed, i.
-  627 _sq._, ii. 222 _sq._;
-  suicide regarded as a wrong against, ii. 248, 253, 259, 263;
-  celibacy regarded as a wrong against, ii. 404
-
-Stealing, ii. 1-27, 57-69;
-  of horses**, cattle, or sheep, i. 187 _sq._, ii. 14;
-  from houses, i. 187 _sq._, ii. 15, 16, 58, see Burglary;
-  of letters, i. 188;
-  of food, i. 286, 287, 676, ii. 14, 15, 57 _sq._;
-  at night, i. 289, ii. 16, 58;
-  self-defence in the case of, i. 289 _sq._;
-  persons who are caught, i. 293. 294. 311, ii. 8, 13, 17-19, 58;
-  punishment inflicted on the offending member in the case of, i.
-  311, 312, 521 n. ^1, ii. 9, 13;
-  from relatives, ii. 53 _sq._ n. ^4;
-  punished by supernatural beings, ii. 59-69, 669, 675-677, 679,
-  684, 686, 699, 700, 705, 714, 717, 732;
-  curses pronounced to punish or prevent, ii. 62-69, 703;
-  adultery regarded as a form of, ii. 449 _sq._;
-  from tombs, ii. 518, 519, 540 _sq._;
-  of property belonging to gods, ii. 626 _sq._
-
-Stimulants, religious veneration of, ii. 591
-
-Storks, abstinence from killing, ii. 490
-
-Strangers, protected by the chief or king, i. 180, 181, 338;
-  killing of, i. 331-334, 337-34, 370, 371, 373;
-  sacrificed, i. 467 _sq._;
-  infliction of bodily injuries upon, i. 519;
-  kindness to, i. 556-558, see Hospitality;
-  blessings of, i. 581-584, ii. 446;
-  regarded as semi-supernatural beings, i. 583 _sq._;
-  supposed to be versed in magic, i. 584;
-  the evil eye of, i. 584, 591-593;
-  curses of, i. 584-594, ii. 715, 732;
-  reception of, i. 590-592, ii. 621;
-  gifts of, i. 593 _sq._;
-  sexual intercourse with, i. 593, ii. 444-446;
-  enslaving of, i. 674, 675, 689, 690, 691, 714 _sq._;
-  respect for the proprietary rights of, ii. 2, 11, 59;
-  robbery committed upon, ii. 20-25, 58 _sq._;
-  reduced to serfdom, ii. 24;
-  rules of inheritance relating to, ii. 49;
-  deceiving of, ii. 87, 88, 90, 94, 97, 112, 126-129;
-  politeness to, ii. 152;
-  duties to, ii. 166;
-  despised, ii. 171-174, 532;
-  disregard of their interests, ii. 176;
-  antipathy to, ii. 227;
-  marriages with, ii. 378, 381 _sq._;
-  treatment of departed, ii. 525, 548 _sq._;
-  eaten, ii. 554;
-  sacrilege committed by, ii. 648.
-  See Hospitality
-
-Stratagems, ii. 106, 107, 112
-
-Suicide, ch. xxxv. (**ii. 229-264);
-  punished with forfeiture of property, i. 47, ii. 254;
-  prompted by remorse, i. 106, ii. 233;
-  of daughters, i. 473;
-  of widows, i. 473 _sq._, ii. 232, 234, 235, 241, 242, 244, 247;
-  caused by wounded pride, ii. 73, 139, 140, 231-233,
-  243;
-  the future state of persons who have committed, ii. 235-239,
-  242-244, 246, 253, 262, 694, 710
-
-Sun, fasting in connection with the, ii. 309, 310, 312 _sq._
-
----- gods, appealed to in oaths, ii. 121 _sq._;
-  regarded as judges, ii. 698, 699, 703
-
-Sunday, as a day of rest, ii. 288 _sq._;
-  a cause of drunkenness, ii. 343 _sq._
-
-Supernatural, the, ii. 582-584
-
----- beings, the belief in, ch. xlvii. (ii. 582-601);
-  disease supposed to be caused by, i. 392 _sq._, ii. 593;
-  curses personified and elevated to the rank of, i. 60, 379,
-  482, 561, 585, 623, 624, 626, ii. 68, 116, 715, 732;
-  fear of mentioning the names of, ii. 640-642;
-  distinction between offences committed against gods and
-  offences against other, ii. 661 _sq._
-  See Animals (killing of sacred), Erinyes, Evil spirits,
-  Goddesses, Gods, Guardian spirits, _Jinn_, Saints, Supreme beings,
-  Totem
-
-"Superobligatory, the," i. 151-154
-
-Suppliants. See Asylums, _L-[(]âr_
-
-Supreme beings in savage beliefs, ii. 670-687
-
-Swallows, prohibition of killing, ii. 490
-
-Sympathetic feelings springing from association, i. 109 _sq._
-
----- magic. See Magic, sympathetic
-
-{863} Sympathetic resentment. See Resentment, sympathetic
-
----- retributive kindly emotion. See Retributive kindly emotion,
-sympathetic
-
-Sympathy, i. 109-111;
-  for animals, ii. 494-506, 510-514.
-  See Affection, Altruistic sentiment
-
-
-TABOO, i. 197, 233, ii. 63-66, 583, 584, 675
-
-Talion. See Equivalence, the rule of
-
-Testation, ii. 43, 53. See Wills
-
-Thank offerings, i. 441, ii. 615 _sq._
-
-Theft. See Stealing
-
-Thrift, ii. 265
-
-Throne, the Royal, regarded as holy, ii. 608, 754
-
-Thunder, religious veneration of, ii. 587, 592
-
-Tigers, abstinence from the flesh of, ii. 321;
-  their fear of strange phenomena, ii. 583
-
-Toads, fear of killing, ii. 491
-
-Tobacco, religious veneration of, ii. 591
-
-Tolerance, religious, ii. 647-653
-
-Tombs, theft or violation committed at, ii. 518, 519, 525, 540 _sq._;
-  places of refuge, ii. 630
-
-Tomb-stones, ii. 544, 546
-
-Tortoises, prohibition of eating, ii. 321
-
-Torture, infliction of death by, i. 186-188, 190;
-  judicial, i. 523 _sq._
-
-Totem, eating of the, i. 227, ii. 210, 211, 323, 324, 606;
-  killing of the, ii. 210, 603, 604, 606;
-  regardful treatment of the, ii. 490
-
-Totemism, as a social tie, ii. 210-213;
-  represented as the source of the prohibition of incest, ii.
-  376, 376 _sq._ n. ^7, 377 n. ^1, 747;
-  believed to be instituted by the All-father, ii. 671
-
-Tournaments, i. 354 _sq._
-
-Trade, moral valuation of, ii. 274, 276, 278-280, 282
-
-Transference, of blessings, see Blessings;
-  of curses, see Curses;
-  of disease, see Disease;
-  of evil, see Evil;
-  of holiness, see Holiness;
-  of the holiness temporarily seated in the ruling sovereign, ii.
-  607-610, 753 _sq._;
-  of magic virtue ascribed to sacrificial victims, i. 69,
-  444-447, ii. 563, 624 _sq._;
-  of magic virtue, by sexual intercourse, i. 593, ii. 444-446, 488;
-  by eating or by contact, ii. 562-564, 605, 606, 625;
-  of merits, see Merits;
-  of qualities inherent in animals, men, or man-gods, by eating
-  their flesh or drinking their blood, ii. 320, 333, 334, 560-564;
-  of sin, see Sin;
-  of the souls of divine kings, ii. 606, 607, 753 _sq._;
-  of virtue, see Virtue
-
-Transmigration of human souls, into animals, ii. 324, 328, 338,
-490, 496, 500, 504, 516, 517, 693, 709 _sq._;
-  into trees, ii. 516
-
-Treason, punishment of, i. 45-48, 187-189, 492, ii. 558;
-  judicial torture in cases of, i. 523
-
-Trees, revenge taken upon, i. 26, 27, 260-263;
-  transmigration of human souls into, ii. 516
-
-Tribe, the, ii. 202, 217-219, 222 _sq._
-
-Tribes, associations of, ii. 220 _sq._
-
-Tribunals among savages, i. 173-175
-
-Truce of God, the, i. 356 _sq._
-
-Truth and good faith, regard for, ch. xxx. _sq._ (ii. 72-136);
-  gods as guardians of, ii. 96, 114-123, 128, 129, 669, 672,
-  675-677, 684, 686, 699, 700, 703-705, 707, 711, 714, 717, 726, 732
-
-Turtle, abstinence from eating, ii. 319, 333
-
-Twilight, prohibition of eating, travelling, and sleeping during,
-ii. 309
-
-Twins, i. 395, 396, 408, 460
-
-
-ULTIMOGENITURE, ii. 46, 48, 56
-
-Unbelief, ii. 644-646, 705;
-  as a subject of moral judgment, i. 216;
-  considered a legitimate cause of war, i. 339, 349-352, 359;
-  the right to bodily integrity influenced by, i. 520;
-  a cause of uncharitableness, i. 557, 696;
-  a ground for enslaving captives, i. 686, 695;
-  the valuation of theft or robbery influenced by, ii. 20, 25;
-  does not justify breach of faith, ii. 93;
-  a legitimate ground for deceiving an enemy, ii. 94;
-  a bar to intermarriage, ii. 380 _sq._;
-  homosexual practices associated with, ii. 486-489;
-  the right to life influenced by, ii. 705;
-  the future state influenced by, ii. 719-721, 725-727
-
-Unchastity, ch. xlii. _sq._ (ii. 422-489);
-  of unmarried persons, supposed to incur divine punishment, i.
-  49, ii. 675;
-  forbidden to priests and priestesses, ii. 406-409, 412-414, 419 _sq._;
-  to monks and nuns, ii. {864} 409, 412;
-  to persons who wish to become priests or priestesses, ii. 419;
-  supposed to injure the harvest, ii. 417, 747;
-  celibacy a cause of, ii. 432
-
-Uncle, children in the power of their maternal, i. 597 _sq._
-
-Uncleanliness, ii. 348-356
-
-Uncleanness. See Pollution
-
-Unearned income, ii. 70 _sq._
-
-Unintentional injuries, i. 217-240, 315, 316, 319, ii. 714;
-  benefits, i. 318 _sq._
-
-Unnatural love. See Homosexual love
-
-_Usucapio_, ii. 40
-
-
-VAMPIRES, i. 476, ii. 564, 709
-
-Veal, considered unwholesome, ii. 332
-
-Vegetarianism, ii. 335-338, 499
-
-Venison, abstinence from, ii. 320
-
-Veracity. See Truth, regard for
-
-Vermin, revenge taken upon, i. 26, 27, 251;
-  regard for, ii. 492, 493, 498 _sq._
-
-Vestal virgins, i. 439, 453, ii. 407, 408, 637 _sq._
-
-"Vice," analysis of the concept, i. 134
-
-Village communities, ii. 200-202, 213, 214, 216, 219
-
-Violent death, the future state of persons who have died a, i.
-481 _sq._, ii. 237-239, 242
-
-Virginity, required of priestesses, ii. 406-408;
-  religious veneration of, 409-411, 429;
-  not required of a bride, ii. 422-424, 440, 441, 444-446;
-  required of unmarried women, ii. 424-442;
-  the preference given by men to, ii. 434-437, 440
-
-"Virtue," analysis of the concept, i. 147-150
-
-Virtue, transference of, i. 98
-
-Vivisection, ii. 510, 512, 514
-
-Volitions, as subjects of moral judgments, i. 202-210;
-  as a source of non-moral retributive emotions, i. 314-319
-
----- absence of, a subject of moral judgment, i. 210-214;
-  a cause of non-moral retributive emotions, i. 317-319
-
-
-WAGER of battle, i. 306, 504-507
-
-War, i. 331-382;
-  provoked by a homicide, i. 33;
-  humanity towards enemies in, i. 335, 336, 342-344, 369, 370,
-  558, ii. 711;
-  private, i. 355-358;
-  human sacrifices offered in, i. 440, 441, 447 n. ^5, 449;
-  ending in a duel, i. 497 _sq._;
-  destruction of property in, ii. 25 _sq._;
-  seizure of property in, ii. 26, 27, 38, 58 _sq._;
-  deceit in, ii. 94, 106-108, 112;
-  the future state of persons who have fallen in, ii. 237, 521,
-  694, 697, 704, 708;
-  burial of persons who have fallen in, ii. 239;
-  considered a nobler occupation than labour, ii. 272-274, 278, 282;
-  fasting after a reverse in, ii. 315;
-  a cause of polygyny, ii. 389, 391;
-  prevalence of homosexual love among peoples addicted to, ii.
-  467, 479, 752
-
-War, prisoners of, treatment of, i. 336, 343, 422;
-  sacrificed to gods, i. 339, 441, 450, 452, 467;
-  to the dead, i. 472, 474;
-  bodily injuries inflicted upon, i. 519 _sq._;
-  enslaved, i. 674, 675, 677, 681-686, 688-691, 695, 701, 715;
-  ransom accepted for, i. 701;
-  eaten, ii. 554, 561, 578
-
-Water, human sacrifices offered for the purpose of getting
-drinking, i. 451 _sq._
-
-White men, atrocities committed by, among coloured peoples, i.
-370 _sq._;
-  coloured persons not accepted as witnesses against, i. 429;
-  their demoralising influence upon savages, i. 548, 549, 571
-  _sq._, ii. 2, 126-129, 424, 735;
-  injuries inflicted by coloured persons upon, i. 713 _sq._;
-  prohibited from marrying coloured persons, i. 714;
-  looked down upon by savages, ii. 171 _sq._;
-  taken for spirits, ii. 590
-
-Widowers, suicide committed by, ii. 232, 233, 235 _sq._;
-  fasting of, ii. 299-301;
-  second marriages of, prohibited or condemned, ii. 412, 451
-
-Widows, sacrifice of, i. 472-474, ii. 450 _sq._;
-  suicide committed by, i. 473 _sq._, ii. 232, 234, 235, 241,
-  242, 244, 247;
-  prohibited from remarrying, i. 475, ii. 450 _sq._;
-  rules of inheritance relating to, ii. 45, 47 55 _sq._;
-  fasting of, ii. 298-301;
-  priests forbidden to marry, ii. 412, 420
-
-Will, the, as the subject of moral judgment, ch. ix. (i.
-217-248), i. 214-216, 310-314;
-  as a cause of non-moral retributive emotions, i. 315, 319.
-  See Free-will
-
-{865} Wills, ii. 43, 53;
-  the sacredness attached to, ii. 519, 541, 552
-
-Wine, superstitious notions concerning, i. 278, 281, ii. 344,
-345, 591 _sq._;
-  prohibition of, ii. 341-345;
-  after a death, ii. 302, 305;
-  in honour of the sun, ii. 312
-
-Wishes, deliberate, as subjects of moral judgments, i. 206 _sq._
-
-Witchcraft, ii. 649-652;
-  punishment of, i. 45, 189, 190, 492, ii. 650-652.
-  See Magic
-
-Witches, lunatics burned as, i. 273;
-  old women regarded as, i. 620;
-  addicted to homosexual practices, ii. 484 n. ^1;
-  the custom of swimming, ii. 690.
-  See Witchcraft
-
-Wives, the subjection of, ch. xxvi. (i. 629-669);
-  punished if convicted of a design to kill their husbands, i. 245;
-  crimes committed by, in the presence of their husbands, i. 284;
-  husbands killing their, i. 418, 419, 631;
-  killing their husbands, i. 419 _sq._;
-  acquired by duels, i. 499, 500, 503;
-  husbands inflicting bodily injuries upon their, i. 514-516, 631;
-  the duty of husbands to protect and support their, i. 526-529,
-  532 _sq._;
-  lending of, to guests or others, i. 575, 593, ii. 752;
-  cursed by their husbands, i. 626;
-  sold as slaves by their husbands, i. 675, 684;
-  proprietary rights and incapacities of, i. 632, 637-641, 643,
-  645, 661, ii. 28-31, 41, 57;
-  belief in a mysterious bond of sympathy between husbands and,
-  ii. 205;
-  suicide committed by husbands on the death of their, ii. 232,
-  233, 235 _sq._;
-  fasting of husbands on the death of their, ii. 299-301;
-  adultery committed by, ii. 397, 447-455;
-  of gods, ii. 412-414;
-  priests forbidden to marry divorced, ii. 420;
-  exchange of, ii. 752;
-  eaten by their husbands, ii. 555.
-  See Conjugal affection, Marriage, Widows
-
-Wizards. See Magicians
-
-Wolf's flesh, abstinence from, ii. 320, 322, 327
-
-Women, the position of, ch. xxvi. (i. 629-669);
-  rape committed upon, i. 187, 188, 290, 311, 521, ii. 437, 438,
-  633, 679;
-  punished by being burned alive, i. 188;
-  treatment of, in war, i. 335, 336, 342, 343, 369 _sq._;
-  killing of, i. 418-421;
-  not allowed to be beaten, i. 514;
-  the evil eye of, i. 592;
-  regarded as versed in magic, especially when old, i. 620, 666-668;
-  the occupations of, i. 633-637;
-  the sexual impulse of, i. 657 _sq._, ii. 435;
-  ideas held about, i. 661-669, ii. 192;
-  the future state of, i. 662 _sq._, ii. 673;
-  of such as have died in child-birth, ii. 238 n. ^3, 678;
-  menstruous, i. 663; ii. 307 n. ^2, 538 n. ^2, 586;
-  regarded as unclean, i. 663-666, ii. 538 n. ^2;
-  forbidden to enter sacred places, i. 664, 665, **ii. 752;
-  to offer sacrifices, i. 664 _sq._;
-  to pray, i. 664, 667 n. ^1;
-  curses of, i. 668;
-  serving as asylums, i. 668 _sq._;
-  proprietary rights and incapacities of, i. 661, ii. 28-30, 41, 57;
-  rules of inheritance relating to, ii. 44, 45, 47, 48, 55;
-  addicted to falsehood, ii. 76, 113;
-  to suicide, ii. 232;
-  politeness to, ii. 152;
-  certain foods forbidden to, ii. 320 sq.;
-  celibacy and continence of religious, ii. 406-414, 419-421;
-  married to gods, ii. 412-414;
-  chastity of unmarried, i. 49, ii. 422-446, 675;
-  coyness of, ii. 435 _sq._;
-  homosexual practices between, ii. 464, 465, 752;
-  the lack of accessible women a cause of homosexual practices
-  between men, ii. 466 _sq._;
-  their mental inferiority a cause of pederasty, ii. 470 _sq._;
-  treatment of the dead bodies of, ii. 526, 527, 549;
-  forbidden to eat human flesh, ii. 554, 555 n., 573, 575;
-  refuge denied to kidnappers of, ii. 633.
-  See Daughters, Mother, Wives, Widows
-
-Work. See Labour
-
-World, renunciation of the, ii. 361-363
-
-"Wrong," analysis of the concept, i. 134
-
-
-YOUNG PERSONS, certain foods forbidden to, ii. 319 _sq._
-  See Children, young
-
-
-THE END
-
-
-PRINTED IN GREAT BRITAIN BY R. CLAY AND SONS, LTD.,
-BRUNSWICK STREET, STAMFORD STREET, S.E., AND BUNGAY,
-SUFFOLK.
-
-
-
-
-The Origin and Development
-of the
-Moral Ideas
-
-BY EDWARD WESTERMARCK, PH.D., LL.D.
-
-
-_SOME PRESS OPINIONS ON VOL. I._
-
-ATHENÆUM.--
-
-"The first attempt to deal with the subject of the evolution of
-human morality in the concrete on a scale at all corresponding to
-its complexity and sheer bulk. . . . This book remains an
-achievement unsurpassed in its own kind, a perpetual monument of
-the courage, the versatility, and the amazing industry of its
-author."
-
-
-R. R. Marett, in MIND.--
-
-"Dr. Westermarck's work fills me with profound admiration. . . .
-There is no book in any language that deals concretely with the
-evolution of morality on so grand a scale or in so authoritative
-a way."
-
-
-Havelock Ellis, in THE JOURNAL OF MENTAL SCIENCE.--
-
-"Throughout marked by an extraordinary degree of erudition which
-never becomes pedantic, by an invariably fair-minded and
-well-balanced attitude towards difficult problems, and by a power
-of broad and lucid presentation which recalls Buckle."
-
-
-Q. C. Wheeler, in REVUE DE DROIT INTERNATIONAL.--
-
-"Une des contributions les plus importantes à la sociologie qui
-aient été produites pendant les dernières années. . . . Cet
-ouvrage aura pour effet de rendre presque impossible toute étude
-scientifique de la morale sur les anciennes bases."
-
-
-Franz Oppenheimer, in DAS BLAUBUCH.--
-
-"Ein neues Buch von Edward Westermarck bedeutet ein
-soziologisches Ereignis. Westermarck, das heisst: profundestes
-ethnographisches Wissen, meisterhaft beherrscht durch ordnenden
-Verstand und durchleuchtet von schürfster Kritik und
-spürkräftigster Psychologie. Wie seine 'Geschichte der Ehe' ein
-_standard work_ der Gesellschaftslehre bleiben wird, als
-dasjenige Buch, das zum erstenmal eines der schwierigsten Gebiete
-des menschlichen Zusammenlebens auf brietester Grundlage
-schilderte und erklärte, so wird auch dieses zweite mächtige
-Werk, dessen erster Band uns jetzt vorliegt, auf lange Zeit
-hinaus zu den Grundsteinen der werdenden Wissenschaft von
-Menschen gehören."
-
-
-PHILOSOPHICAL REVIEW.--
-
-"Altogether it is perhaps safe to say that the work is the most
-important contribution to ethical literature within recent years."
-
-
-W. R. Sorley, in THE BOOKMAN.--
-
-"Dr. Westermarck is the only writer who can claim to have
-systematically examined the whole of the evidence, and to have
-produced a comprehensive treatise on the development of men's
-ideas of good and evil. . . . He is to be congratulated on having
-produced a standard work on a subject of first-rate importance.
-It is distinguished alike by breadth of view and mastery of
-detail, by skilful marshalling of evidence and by sound judgment."
-
-
-NATURE.--
-
-"The readers of his 'History of Human Marriage'--all of them his
-debtors--were doubtless prepared for the vast array of footnotes,
-the excellent way in which long series of facts are arranged, the
-clearness of the style, the sanity and reasonableness of a work
-which certainly was needed to keep ethical theory abreast of
-anthropological research, and which will add greatly to its
-author's reputation. . . . The account of the moral emotions, the
-treatment of punishment (in which subtle arguments are offered
-against determent as a sufficient guiding principle), the
-discussion of the various distinctions suggested by terms like
-act, agent, motive, intention, the detailed examination of the
-facts advanced by such authorities as Lord Avebury, Dr. J. G.
-Frazer, Dr. Steinmetz, are all excellent."
-
-
-NORTHERN WHIG.--
-
-"For learning and research the book is simply a marvel. . . . It
-will be an authoritative book for many a day on the subjects with
-which it deals."
-
-
-L. T. Hobhouse, in TRIBUNE.--
-
-"It has remained for Dr. Westermarck, a Finn writing in English,
-to give to the English-speaking world the first comprehensive and
-systematic account of the genesis of moral ideas on the basis of
-a detailed survey of the customs of mankind. . . . It is not too
-much to predict that it will mark the beginning of a new era in
-the study of general sociology."
-
-
-GUARDIAN.--
-
-"This work, by the author of 'The History of Human Marriage,'
-will undoubtedly take its place, and that a foremost place,
-amongst the standard works on the subject of ethics. . . . The
-width and depth of his learning will be recognised by every
-reader, and will be utilised by many generations of
-students."
-
-
-DAILY NEWS.--
-
-"A perfect graveyard of the hasty generalisations of his
-predecessors."
-
-
-CAMBRIDGE REVIEW.--
-
-"The purpose of the present work is to arrange and examine all
-the available evidence regarding the nature of men's moral
-judgments and the kind of objects which they approve or condemn.
-No one could be found more competent than Dr. Westermarck to
-carry this great undertaking to a successful issue."
-
-
-EXPOSITORY TIMES.--
-
-"One of the greatest contributions of recent years to the study
-of Comparative Religion."
-
-
-S. Alexander, in THE SPEAKER.--
-
-"Dr. Westermarck's book is without doubt of the first importance,
-whether it be regarded as a philosophical treatise on ethics or
-as a history of moral institutions. Neither of these descriptions
-singly does justice to it, for its merit lies in its blending of
-the analytical with the historical method, so that the long
-history which begins in the second half of this volume and is to
-be completed in the next volume, constitutes a continuous
-verification of his main ethical thesis that moral disapprovals
-und approvals arise from and express social indignation and
-social gratitude. . . . I conclude by expressing my unqualified
-admiration of Dr. Westermarck's work, which is worthy of the
-years of labour he has bestowed upon it. Besides its scientific
-importance it is recommended to readers by the unfailing interest
-and lucidity of its manner."
-
-
-UNIVERSITY REVIEW.--
-
-"Dr. Westermarck belongs to no accepted school of moralists. He
-endorses neither the humanist nor the religious views of society.
-He is neither a utilitarian nor an intuitionalist. He is both an
-anthropologist and a historian; he is also a sociologist and a
-traveller. In neglected lands where he might escape from European
-prejudices he has lived and studied the problems of the human
-heart and mind, accumulating at first hand a mass of material
-which throws much light on the origin and development of peculiar
-customs and beliefs. This, added to a remark able erudition, a
-scientific temper, a felicity and abundance of illustration, and
-a clear and vigorous style, gives us a contribution to ethics,
-psychology, and sociology which is undoubtedly of the first rank,
-and, in our opinion, the most comprehensive and luminous work
-which has yet been written on the subject."
-
-
-GLOBE.--
-
-"Both by the clarity and the philosophical insight of its
-arguments, and the wide range of its investigations and
-illustrative details, it will claim securely to rank among those
-epoch-marking works which define the steady progress of mankind
-in the study and understanding of its sociological developments."
-
-
-PALL MALL GAZETTE.--
-
-"The fuller consideration of Dr. Westermarck's book as a
-philosophic treatise must wait; meanwhile we can only
-congratulate him and the Duchy, of which he is so conspicuous an
-ornament, on the production of a book that is really epoch-marking."
-
-
-SCOTSMAN.--
-
-"One of its prime characteristics is the skill with which it
-traces out the historical connection between moral opinions and
-magic and religious beliefs."
-
-
-YORKSHIRE POST.--
-
-"In Dr. Westermarck's hands a subject which might be impossibly
-abstruse becomes almost as attractive as a romance. . . . In pure
-philosophy he is to some extent a pioneer, and will have the
-noble satisfaction of the pioneer in arousing doubt, interest,
-and admiration."
-
-       *       *       *       *       *
-
-
-LONDON: MACMILLAN & CO., LTD.
-
-
-       *       *       *       *       *
-
-Transcriber's Note
-
-This text combines the two separate volumes of Westermarck's
-book into one file.
-
-Footnotes have been renumbered sequentially through each chapter
-and placed below the paragraph in which they occur.
-
-Conventions for transcription of foreign languages, etc.
-
-Page numbers
-
-Page numbers are preserved in the text, and are placed inside curly
-brackets with a space on each side, even if that means breaking some
-other PG transcription guideline. Pages without a printed number (such
-as initial pages of chapters) are left unmarked, even though the table
-of contents etc. may refer to those particular pages.
-
-Greek alphabet
-
-Greek expressions are transliterated in normal PG style (upsilon always
-as "u"), except that accents are marked thus, with symbols following
-the Greek letter:
-  acute /
-  grave \
-  circumflex ^
-
-Breathings are marked thus, with symbols following the Greek letter:
-  rough (
-  smooth )
-
-Other Non-English alphabetic symbols
-
-The oe-ligature is written [oe].
-
-Again, other non-standard symbols not in the basic ASCII range are
-marked as usual in PG: the transcription is placed in square brackets;
-marks above the basic letter are symbolised with a character preceding
-the basic character, those beneath the letter with a character
-following the basic character:
-  Acute accent (or a similar mark on consonants) is marked with '
-  Circumflex with ^
-  Macron (long mark) with =
-  Breve above a vowel (short mark) with )
-  Inverted circumflex/breve below with v
-  Dot with .
-
-Westermarck uses some other unusual letters: this text uses "(" for the
-transcription left half ring for Arabic ayin and for something like a
-rough breathing above "w" in the name "E[(w]e".
-
-Corrected text
-
-Corrected text is marked with "**" preceding the correction (except for
-volume 2, p. 234, footnote 31 where ** is the original text).
-
-Corrections to the text:
-
-Page                  Text of 2nd edition        Correction
-ch. 2, p. 32 n. 57    Obaralbanien               Oberalbanien
-ch. 7, p. 181 n. 89   _Du Boys_                  Du Boys
-ch. 7, p. 195 n. 186  slove                      slave
-ch. 9, p. 232         neglected                  neglectful
-ch. 10, p. 260 n. 60  pr[oe]mio                  præmio
-ch. 10, p. 262 text for n. 81 has no initial "
-ch. 16, p. 381        has                        hast
-ch. 18, p. 427 n. 65  Communtarii                Commentarii
-ch. 18, p. 432        larcency                   larceny
-ch. 19, p. 437 text for n. 28 has no final "
-ch. 19, p. 451        Anthenians                 Athenians
-ch. 19, p. 468 text for n. 251 has no final "
-ch. 21, p. 502 text for n. 21 has no final "
-ch  22, p. 517 n. 45  abuse                      abused
-ch. 22, p. 521        memtioned                  mentioned
-ch. 23, p. 531 n. 42  Magazin                    Magazine
-ch. 23, p. 558 n. 254 Law is not italicised
-ch. 24, p. 572 n. 11  the Discovery              Discovery
-ch. 25, p. 601 text for n. 33 has no initial "
-ch. 26, p. 634 n. 39  Globus is not italicised
-ch. 29, p. 35 n. 3    tibes                      tribes
-ch. 30, p. 74         text for n. 6 has no final "
-ch. 30, p. 99 n. 256  100                        110
-ch. 33, p. 166        m-dash                     .
-ch. 35, p. 248 n. 151 Phædro                     Phædo
-ch. 35, p. 257 n. 211 everbody                   everybody
-ch. 35, p. 261        m-dash                     .
-ch. 37, p. 301, n. 80 .                          ,
-ch. 39, p. 349, n. 21 ,                          .
-ch. 42, p. 422        text for n. 2 has no final "
-ch. 43, p. 459 n. 6.  .                          ,
-ch. 43, p. 487 n. 209 italics omitted from Sacred Books etc.
-ch. 44, p. 498        n.,*                       n. *,
-ch. 46, p. 553 n. 1                              ,
-ch. 46, p. 555        If                         It
-ch. 48, p. 618 n. 85  i                          1
-ch. 51, p. 727        wordly                     worldly
-ch. 52, p. 734        wordly                     worldly
-Authorities, p. 786   Indan                      Indian
-Authorities, p. 798   mosaich                    mosaisch
-Authorities, p. 800   Reisin                     Reisen
-Authorities, p. 826   Museun                     Museum
-Authorities, p. 828   Soceity                    Society
-Index, p. 828         London 1839                London, 1839
-Index, p. 842         514                        515
-Index, p. 844         n. ^2                      n. ^8
-Index, p. 847         polution                   pollution
-Index, p. 850         i.                         ii.
-Index, p. 852 (twice)                            ii.
-Index, p. 862         ;                          ,
-Index, p. 862         i.                         ii.
-Index, p. 865                                    ii.
-
-
-
-
-
-
-End of the Project Gutenberg EBook of The Origin and Development of the
-Moral Ideas, by Edward Westermarck
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