,,the ,,origin ,,and ,,development ,,of ,,the ,,moral ,,ideas ,macmillan icon ,,macmillan ,,and ,,co41 ,,limited ,,london 4 ,,bombay 4 ,,calcutta ,,melbourne ,,the ,,macmillan ,,company ,,new ,,york 4 ,,boston 4 ,,chicago ,,dallas 4 ,,san ,,francisco ,,the ,,macmillan ,,co4 ,,of ,,canada1 ,,ltd4 ,,toronto ,,the ,,origin ,,and ,,development ,,of ,,the ,,moral ,,ideas ,,by ,,edward ,,westermarck1 ,,ph4,d41 ,,ll4,d4 ,,martin ,,white ,,professor ,,of ,,sociology ,,in ,,the ,,university ,,of ,,london ,,professor ,,of ,,moral ,,philosophy ,,at ,,the ,,university ,,of ,,finland1 ,h,e,l,sl,n,g,f,o,r,s ,,author ,,of ,,the ,,history ,,of ,,human ,,marriage ,,in ,,two ,,volumes ,,vol4 ,i ,,second ,,edition ,,macmillan ,,and ,,co41 ,,limited ,,st4 ,,martin',s ,,street1 ,,london #aibd4 ,,copyright ,first ,edition #aijf ,second ,edition #aiab ,reprinted #aibd ,,printed ,,in ,,great ,,britain ,,preface ,,the frequent references made in the present work1 on my own authority1 to customs and ideas prevalent among the natives of ,morocco1 require a word of explanation4 ,seeing the close connection between moral opinions and magic and religious beliefs1 ,i thought it might be useful for me to acquire first-hand knowledge of the folk-lore of some non-,european people1 and for various reasons ,i chose ,morocco as my field of research4 ,during the four years ,i spent there1 largely among its country population1 ,i have not only collected anthropological data1 but tried to make myself familiar with the native way of thinking2 and ,i venture to believe that this has helped me to understand various customs occurring at a stage of civilisation different from our own4 ,i purpose before long to publish the detailed results of my studies in a special monograph on the popular religion and magics of the ,moors4 ,for these researches ,i have derived much material support from the ,university of ,helsingfors4 ,i am also indebted to the ,russian ,minister at ,tangier1 ,m4 ,b4 de ,bacheracht1 for his kindness in helping me on several occasions when ,i was dependent on the ,sultan's ,government4 ,all the time ,i have had the valuable assistance of my ,moorish friend ,shereef 7,abd-es-,salm el-,bak4k4li1 to whom credit vi is due for the kind reception ,i invariably received from peasants and mountaineers1 not generally noted for friendliness towards ,europeans4 ,i beg to express my best thanks to ,mr4 ,stephen ,gwynn for revising the first thirteen chapters1 and to ,mr4 ,h4 ,c4 ,minchin for revising the remaining portion of the book4 ,to their suggestions ,i am indebted for the improvement of many phrases and expressions4 ,i have likewise to thank my friend ,mr4 ,alex4 ,f4 ,shand for kindly reading the proofs of the earlier chapters and giving me the benefit of his opinion4 ,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 express4 ,e4 ,w4 ,london1 ,january1 #aijf4 99 99 99 99 99 ,,preface ,,to ,,the ,,second ,,edition ,,the present edition is only a reprint of the first1 with a few inaccurate expressions corrected4 ,e4 ,w4 ,london1 ,july1 #aiab4 ,,contents ,,introductory ,the origin of the present investigation1 p4 #a4--;,its subject-matter1 p4 #a sq4--,its practical usefulness1 p4 #b sq4 ,,chapter ,i ,,the ,,emotional ,,origin ,,of ,,moral ,,judgments ,the moral concepts essentially generalisations of tendencies in certain phenomena to call forth moral emotions1 pp4 #d-f4--,the assumed universality or objectivity of moral judgments1 p4 #f sq4--,theories according to which the moral predicates derive all their import from reason1 theoretical or practical1 p4 #g sq4--,our tendency to objectivise moral judgments1 no sufficient ground for referring them to the province of reason1 p4 #h sq4--,this tendency partly due to the comparatively uniform nature of the moral consciousness1 p4 #i4--;,differences of moral estimates resulting from circumstances of a purely intellectual character1 pp4 #i-aa4--;,differences of an emotional origin1 pp4 #aa-ac4--,quantitative1 as well as qualitative1 differences1 p4 #ac4--,the tendency to objectivise moral judgments partly due to the authority ascribed to moral rules1 p4 #ad4--,the origin and nature of this authority1 pp4 #ad-ag4--;,general moral truths non-existent1 p4 #ag sq4--,the object of scientific ethics not to fix rules for human conduct1 but to study the moral consciousness as a fact1 p4 #ah4--,the supposed dangers of ethical subjectivism1 pp4 #ah-bj4 ,,chapter ,,ii ,,the ,,nature ,,of ,,the ,,moral ,,emotions ,the moral emotions of two kinds3 disapproval1 or indignation1 and approval1 p4 #ba4--,the moral emotions retributive emotions1 disapproval forming a sub-species of resentment1 and approval a sub-species of retributive kindly emotion1 ibid4--,resentment an aggressive attitude of mind toward a cause of pain1 p4 #bb sq4--,dr4 ,steinmetz's suggestion that revenge is essentially rooted in the feeling of power and superiority1 and originally undirected1 pp4 #bc-bg4--,the true import of the facts adduced as evidence for this hypothesis1 pp4 #bg-cj4--,the collective responsibility usually involved in the institution of the blood-feud1 pp4 #cj-cb4--;,explanation of it1 pp4 #cb-ce4-- viii ,the strong tendency to discrimination which characterises resentment not wholly lost even behind the veil of common responsibility1 p4 #ce sq4--,revenge among the lower animals1 p4 #cg sq4--,violation of the self-feeling a common incentive to resentment1 p4 #ch sq4--,but the reaction of the wounded self-feeling not necessarily1 in the first place1 concerned with the infliction of pain1 p4 #ci sq4--,revenge only a link in a chain of emotional phenomena for which non-moral resentment may be used as a common name1 p4 #dj4--,the origin of these phenomena1 pp4 #dj-db4--,moral indignation closely connected with anger1 p4 #db sq4--,moral indignation1 like non-moral resentment1 a reactionary attitude of mind directed towards the cause of inflicted pain1 though the reaction sometimes turns against innocent persons1 pp4 #dc-dh4--;,in their administration of justice gods still more indiscriminate than men1 pp4 #dh-ea4--,reasons for this1 p4 #ea sq4--,sin looked upon in the light of a contagious matter1 charged with injurious energy1 pp4 #eb-eg4--,the curse looked upon as a baneful substance injuring or destroying anybody to whom it cleaves1 p4 #eg sq4--,the tendency of curses to spread1 pp4 #eh-fj4--,their tendency to contaminate those who derive their origin from the infected individual1 p4 #fj sq4--,the vicarious suffering involved in sin-transference not to be confounded with vicarious expiatory sacrifice1 p4 #fa4--,why scapegoats are sometimes killed1 pp4 #fa-fd4--,why sacrificial victims are sometimes used as scapegoats1 p4 #fd sq4--,vicarious expiatory sacrifices1 pp4 #fe-fg4--,the victim accepted as a substitute on the principle of social solidarity1 p4 #fg sq4--,expiatory sacrifices offered as ransoms1 p4 #fh sq4--,protests of the moral consciousness against the infliction of penal suffering upon the guiltless1 pp4 #gj-gb4 ,,chapter ,,iii ,,the ,,nature ,,of ,,the ,,moral ,,emotions 7continued7 ,whilst1 in the course of mental evolution1 the true direction of the hostile reaction involved in moral disapproval has become more apparent1 its aggressive character has become more disguised1 p4 #gc4--,kindness to enemies not a rule in early ethics1 p4 #gc sq4--,at the higher stages of moral development retaliation condemned and forgiveness of enemies laid down as a duty1 pp4 #gd-gg4--,the rule of retaliation and the rule of forgiveness not radically opposed to each other1 p4 #gg sq4--,why enlightened and sympathetic minds disapprove of resentment and retaliation springing from personal motives1 p4 #gh sq4--,the aggressive character of moral disapproval has also become more disguised by the different way in which the aggressiveness displays itself1 p4 #gi4--,retributive punishment condemned1 and the end of punishment considered to be either to deter from crime1 or to reform the criminal1 or to repress crime by eliminating or secluding him1 pp4 #gi-ha4--,objections to these theories1 p4 #hb sq4--,facts which1 to some extent1 fill up the gap between the theory of retribution and the utilitarian theories of punishment1 pp4 #hd-ia4--,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 itself1 deliberate and discriminating resentment being apt to turn against the will rather than against the willer1 p4 #ia sq4--,yet it is the instinctive desire to inflict counter-pain that gives to moral indignation its most important characteristic1 p4 #ib sq4--,retributive kindly emotion a friendly attitude of mind towards a cause of pleasure1 p4 #ic sq4--,retributive kindly emotion among the lower animals1 p4 #id4--;,its intrinsic object1 p4 #id sq4--,the want of discrimination which is sometimes found in retributive kindness1 p4 #ie4--,moral approval a kind of retributive kindly emotion1 ibid4--,moral approval sometimes bestows its favours upon undeserving individuals for the merits of others1 pp4 #ie-ig4--;,explanation of this1 p4 #ig sq4--,protests against the notion of vicarious merit1 p4 #ih sq4 ix ,,chapter ,,iv ,,the ,,nature ,,of ,,the ,,moral ,,emotions 7concluded7 ,refutation of the opinion that moral emotions only arise in consequence of moral judgments1 p4 #ajj sq4--,however1 moral judgments1 being definite expressions of moral emotions1 help us to discover the true nature of these emotions1 p4 #aja4--;,disinterestedness and apparent impartiality characteristics by which moral indignation and approval are distinguished from other1 non-moral1 kinds of resentment or retributive kindly emotion1 pp4 #aja-ajd4--;,besides1 a moral emotion has a certain flavour of generality1 p4 #ajd sq4--,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 others1 but of such emotions as we feel on account of our own conduct as well1 pp4 #aje-ajg4 ,,chapter ,v ,,the ,,origin ,,of ,,the ,,moral ,,emotions ,we may feel disinterested resentment1 or disinterested retributive kindly emotion1 on account of an injury inflicted1 or a benefit conferred1 upon another person with whose pain1 or pleasure1 we sympathise1 and in whose welfare we take a kindly interest1 p4 #ajh4--,sympathetic feelings based on association1 p4 #aji sq4--,only when aided by the altruistic sentiment sympathy induces us to take a kindly interest in the feelings of our neighbours1 and tends to produce disinterested retributive emotions1 p4 #aaj sq4--,sympathetic resentment to be found in all animal species which possess altruistic sentiments1 p4 #aaa sq4--,sympathetic resentment among savages1 p4 #aac sq4--,sympathetic resentment may not only be a reaction against sympathetic pain1 but may be directly produced by the cognition of the signs of anger 7punishment1 language1 c471 pp4 #aad-aaf4--;,disinterested antipathies1 p4 #aaf sq4--,sympathy springing from an altruistic sentiment may also produce disinterested kindly emotion1 p4 #aag4--;,disinterested likings1 ibid4--,why disinterestedness1 apparent impartiality1 and the flavour of generality have become characteristics by which so-called moral emotions are distinguished from other retributive emotions1 p4 #aag sq4--,custom not only a public habit1 but a rule of conduct1 p4 #aah4--;,custom conceived of as a moral rule1 p4 #aah sq4--,in early society customs the only moral rules ever thought of1 p4 #aai4--,the characteristics of moral indignation to be sought for in its connection with custom1 p4 #abj4--;,custom characterised by generality1 disinterestedness1 and apparent impartiality1 p4 #abj sq4--,public indignation lies at the bottom of custom as a moral rule1 p4 #aba sq4--,as public indignation is the prototype of moral disapproval1 so public approval is the prototype of moral approval1 p4 #abb4--,moral disapproval and approval have not always remained inseparably connected with the feelings of any special society1 p4 #abb sq4--,yet they remain to the last public emotions if not in reality1 then as an ideal1 p4 #abc4--,refutation of the opinion that the original form of the moral consciousness has been the individual's own conscience1 p4 #abc sq4--,the antiquity of moral resentment1 p4 #abd4--,the supposition that remorse is unknown among the lower races contradicted by facts1 p4 #abd sq4--,criticism of ,lord ,avebury's statement that modern savages seem to be almost entirely wanting in moral feeling1 pp4 #abe-abi4--,the antiquity of moral approval1 p4 #abi sq4 x ,,chapter ,,vi ,,analysis ,,of ,,the ,,principal ,,moral ,,concepts ,our analysis to be concerned with moral concepts formed by the civilised mind1 p4 #aca4--,moral concepts among the lower races1 pp4 #aca-acc4--,language a rough generaliser1 p4 #acc4--;,analysis of the concepts bad1 vice1 and wrong1 p4 #acd4--,of ought and duty1 pp4 #acd-acg4--,of right1 as an adjective1 pp4 #acg-aci4--,of right1 as a substantive1 p4 #aci sq4--,of the relations between rights and duties1 p4 #adj sq4--,of injustice and justice1 pp4 #ada-ade4--,of good1 pp4 #ade-adg4--,of virtue1 pp4 #adg-adi4--,of the relation between virtue and duty1 p4 #adi sq4--,of merit1 p4 #aej sq4--,of the relation between merit and duty1 p4 #aea sq4--,the question of the super-obligatory1 pp4 #aeb-aed4--,the question of the morally indifferent1 pp4 #aed-aeg4 ,,chapter ,,vii ,,customs ,,and ,,laws ,,as ,,expressions ,,of ,,moral ,,ideas ,how we can get an insight into the moral ideas of mankind at large1 p4 #aeh4--,the close connection between the habitualness and the obligatoriness of custom1 p4 #aei4--,though every public habit is not a custom1 involving an obligation1 men's standard of morality is not independent of their practice1 p4 #aei sq4--,the study of moral ideas to a large extent a study of customs1 p4 #afj4--;,but custom never covers the whole field of morality1 and the uncovered space grows larger in proportion as the moral consciousness develops1 p4 #afj sq4--,at the lower stages of civilisation custom the sole rule for conduct1 p4 #afa4--;,even kings described as autocrats tied by custom1 p4 #afb4--;,in competition with law custom frequently carries the day1 p4 #afc sq4--,custom stronger than law and religion combined1 p4 #afd4--,the laws themselves command obedience more as customs than as laws1 ibid4--,many laws were customs before they became laws1 p4 #afe4--,the transformation of customs into laws1 p4 #afe sq4--,laws as expressions of moral ideas1 pp4 #aff-afh4--,punishment and indemnification1 p4 #afh sq4--,definition of punishment1 p4 #afi sq4--,savage punishments inflicted upon the culprit by the community at large1 pp4 #agj-agc4--;,by some person or persons invested with judicial authority1 pp4 #agc-age4--,the development of judicial organisation out of a previous system of lynch-law1 p4 #age4--,out of a previous system of private revenge1 p4 #agf4--,public indignation displays itself not only in punishment1 but to a certain extent in the custom of revenge1 p4 #agf sq4--,the social origin of the lex talionis1 pp4 #agg-ahj4--,the transition from revenge to punishment1 and the establishment of a central judicial and executive authority1 pp4 #ahj-ahc4--,the jurisdiction of chiefs1 p4 #ahc sq4--,the injured party or the accuser acting as executioner1 but not as judge1 p4 #ahdsq4--,the existence of punishment and judicial organisation among a certain people no exact index to its general state of culture1 p4 #ahe4--,the supposition that punishment has been intended to act as a deterrent1 p4 #ahe sq4--,among various semi-civilised and civilised peoples the criminal law has assumed a severity which far surpasses the rigour of the lex talionis1 pp4 #ahf-ahc4--,wanton cruelty not a general characteristic of the public justice of savages1 pp4 #ahh-aij4 ,legislators referring to the deterrent effects of punishment1 p4 #aij sq4--,the practice of punishing criminals in public1 p4 #aia sq4--,the punishment actually inflicted on the criminal in many cases much less severe than the punishment with which the law threatens him1 p4 #aib sq4--,the detection of criminals was in earlier times much rarer and more uncertain than it is now1 p4 #aic4--,the chief explanation of the great severity of certain xi criminal codes lies in their connection with despotism or religion or both1 pp4 #aic-aih4--,punishment may also be applied as a means of deterring from crime1 p4 #aih sq4--,but the scope which justice leaves for determent pure and simple is not wide1 p4 #aii4--,the criminal law of a community on the whole a faithful exponent of moral sentiments prevalent in that community at large1 pp4 #aii-bja4 ,,chapter ,,viii ,,the ,,general ,,nature ,,of ,,the ,,subjects ,,of ,,enlightened ,,moral ,,judgments ,definitions of the term conduct1 p4 #bjb sq4--,the meaning of the word act1 p4 #bjc sq4--,the meaning of the word intention1 p4 #bjd4--,there can be only one intention in one act1 p4 #bjd sq4 ,the moral judgments which we pass on acts do not really relate to the event1 but to the intention1 p4 #bje sq4--,a person morally accountable also for his deliberate wishes1 p4 #bjf4--;,a deliberate wish is a volition1 p4 #bjf sq4--,the meaning of the word motive1 p4 #bjg4--,motives which are volitions fall within the sphere of moral valuation1 ibid4--,the motive of an act may be an intention1 but an intention belonging to another act1 ibid4--,even motives which consist of non-volitional conations may indirectly exercise much influence on moral judgments1 p4 #bjg sq4--,refutation of ,mill's statement that the motive has nothing to do with the morality of the action1 p4 #bjh sq4--,moral judgments really passed upon men as acting or willing1 not upon acts or volitions in the abstract1 p4 #bji4 --,forbearances morally equivalent to acts1 p4 #bji sq4--,distinction between forbearances and omissions1 p4 #baj4--,moral judgments refer not only to willing1 but to not-willing as well1 not only to acts and forbearances1 but to omissions1 p4 #baj sq4--,negligence1 heedlessness1 and rashness1 p4 #baa4--,moral judgments of blame concerned with not-willing only in so far as this not-willing is attributed to a defect of the will1 p4 #baa sq4--,distinction between conscious omissions and forbearances1 and between not-willing to refrain from doing and willing to do1 p4 #bab4--,the known concomitants of acts1 p4 #bac4--;,absence of volitions also gives rise to moral praise1 p4 #bac sq4--,the meaning of the term conduct1 p4 #bad4--,the subject of a moral judgment is1 strictly speaking1 a person's will1 or character1 conceived as the cause either of volitions or of the absence of volitions1 p4 #bad sq4--,moral judgments that are passed on emotions or opinions really refer to the will1 p4 #bae sq4 ,,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 injuries1 pp4 #bag-bai4--,yet even in the system of self-redress intentional or foreseen injuries often distinguished from unintentional and unforeseen injuries1 pp4 #bai-bba4--;,a similar distinction made in the punishments inflicted by many savages1 p4 #bba sq4--,uncivilised peoples who entirely excuse1 or do not punish1 persons for injuries which they have inflicted by mere accident1 p4 #bbb sq4--,peoples of a higher culture who punish persons for bringing about events without any fault of theirs1 pp4 #bbc-bbf4--;,at the earlier stages of civilisation gods1 in particular1 attach undue importance to the outward aspect of conduct1 pp4 #bbf-bca4--;,explanation of all these facts1 pp4 #bca-bcg4--,the great influence which the outward event exercises upon moral estimates even among ourselves1 pp4 #bch-bdj4 --,carelessness generally not punished if no injurious result follows1 p4 #bda4--;,an unsuccessful attempt to commit a criminal act1 if punished at all1 as a rule punished much less xii severely than the accomplished act1 p4 #bda sq4--,exceptions to this rule1 p4 #bdb4--,the question1 which attempts should be punished1 p4 #bdc4--,the stage at which an attempt begins to be criminal1 and the distinction between attempts and acts of preparation1 p4 #bdc sq4--,the rule that an outward event is requisite for the infliction of punishment1 p4 #bdd sq4--,exceptions to this rule1 p4 #bde4--;,explanation of laws referring to unsuccessful attempts1 pp4 #bde-bdg4--,moral approval influenced by external events1 p4 #bdg4--,owing to its very nature1 the moral consciousness1 when sufficiently influenced by thought1 regards the will as the only proper object of moral disapproval or praise1 p4 #bdg sq4 ,,chapter ,x ,,agents ,,under ,,intellectual ,,disability ,an agent not responsible for anything which he could not be aware of1 p4 #bdi4--,the irresponsibility of animals1 pp4 #bdi-bea4--,resentment towards an animal which has caused some injury1 p4 #bea4--;,at the lower stages of civilisation animals deliberately treated as responsible beings1 ibid4--,the custom of blood-revenge extended to the animal world1 pp4 #bea-bec4--;,animals exposed to regular punishment1 pp4 #bec-bee4 --,the origin of the medival practice of punishing animals1 p4 #bee sq4 --,explanation of the practice of retaliating upon animals1 pp4 #bef-bfj4 --,at the earlier stages of civilisation even inanimate things treated as if they were responsible agents1 pp4 #bfj-bfb4--;,explanation of this1 pp4 #bfb-bfd4--,the total or partial irresponsibility of childhood and early youth1 pp4 #bfd-bfg4--;,according to early custom1 children sometimes subject to the rule of retaliation1 p4 #bfg4 --,parents responsible for the deeds of their children1 p4 #bfg sq4--,in ,europe there has been a tendency to raise the age at which full legal responsibility commences1 p4 #bfh sq4--,the irresponsibility of idiots and madmen1 p4 #bfi sq4--,idiots and insane persons objects of religious reverence1 p4 #bgj sq4--,lunatics treated with great severity or punished for their deeds1 pp4 #bga-bgd4--;,explanation of this1 p4 #bgd sq4--,the ignorance of which lunatics have been victims in the hands of lawyers1 pp4 #bge-bgg4--,the total or partial irresponsibility of intoxicated persons1 p4 #bgg sq4--,drunkenness recognised as a ground of extenuation1 pp4 #bgh-bhj4--,not recognised as a ground of extenuation1 p4 #bhj sq4--,explanation of these facts1 p4 #bha sq4 ,,chapter ,,xi ,,motives ,motives considered only in proportion as the moral judgment is influenced by reflection1 p4 #bhc4--,little consideration for the sense of duty as a motive1 ibid4--,somewhat greater discrimination shown in regard to motives consisting of powerful non-volitional conations1 p4 #bhc sq4--,compulsion as a ground of extenuation1 p4 #bhd sq4--,compulsion by necessity1 pp4 #bhe-bhg4--,self-defence1 pp4 #bhh-bij4--,self-redress in the case of adultery1 and other survivals of the old system of self-redress1 pp4 #bij-bid4--,the moral distinction made between an injury which a person inflicts deliberately1 in cold blood1 and one which he inflicts in the heat of the moment1 on provocation1 pp4 #bid-big4--;,explanation of this distinction1 p4 #big sq4--,the pressure of a non-volitional motive on the will as a ground of extenuation1 p4 #bih sq4--,that moral judgments are generally passed1 in the first instance1 with reference to acts immediately intended1 and consider motives only in proportion as the judgment is influenced by reflection1 holds good not only of moral blame1 but of moral praise1 pp4 #bii-cjb4 xiii ,,chapter ,,xii ,,forbearances ,,and ,,carelessness--,,character ,why in early moral codes the so-called negative commandments are much more prominent than the positive commandments1 p4 #cjc4--,the little cognisance which the criminal laws of civilised nations take of forbearances and omissions1 p4 #cjc sq4--,the more scrutinising the moral consciousness1 the greater the importance which it attaches to positive commandments1 p4 #cjd sq4--,yet the customs of all nations contain not only prohibitions1 but positive injunctions as well1 p4 #cje4--,the unreflecting mind apt to exaggerate the guilt of a person who out of heedlessness or rashness causes harm by a positive act1 ibid4--,early custom and law may be anxious enough to trace an event to its source1 pp4 #cje-cjg4--;,but they easily fail to discover where there is guilt or not1 and1 in case of carelessness1 to determine the magnitude of the offender's guilt1 p4 #cjg sq4--,the opinion that a person is answerable for all the damage which directly ensues from an act of his1 even though no foresight could have reasonably been expected to look out for it1 p4 #cjh sq4--,on the other hand1 little or no censure passed on him whose want of foresight or want of self-restraint is productive of suffering1 if only the effect is sufficiently remote1 p4 #cji sq4--,the moral emotions may as naturally give rise to judgments on human character as to judgments on human conduct1 p4 #caj4--;,even when a moral judgment immediately refers to a distinct act1 it takes notice of the agent's will as a whole1 p4 #caj sq4--,the practice of punishing a second or third offence more severely than the first1 p4 #caa sq4--,the more a moral judgment is influenced by reflection1 the more it scrutinises the character which manifests itself in that individual piece of conduct by which the judgment is occasioned1 p4 #cab sq4--,but however superficial it be1 it always refers to a will conceived of as a continuous entity1 p4 #cac4 ,,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 character1 p4 #cad4--,the correctness of this explanation proved by the circumstance that not only moral emotions1 but non-moral retributive emotions as well1 are felt with reference to phenomena exactly similar in nature to those on which moral judgments are passed1 pp4 #cad-cai4--,whether moral or non-moral1 a retributive emotion is essentially directed towards a sensitive and volitional entity1 or self1 conceived of as the cause of pleasure or the cause of pain1 p4 #cai4--,the futility of other attempts to solve the problem1 p4 #cai sq4--,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 effect1 p4 #cbj4--,the theory according to which responsibility1 in the ordinary sense of the term1 and moral judgments generally1 are inconsistent with the notion that the human will is determined by causes1 p4 #cbj sq4--,yet1 as a matter of fact1 moral indignation and moral approval are felt by determinists and libertarians alike1 p4 #cba sq4--,explanation of the fallacy which lies at the bottom of the conception that moral valuation is inconsistent with determinism1 p4 #cbb4--;,causation confounded with compulsion1 pp4 #cbb-cbd4--,the difference between fatalism and determinism1 pp4 #cbd-cbf4--,the moral emotions not concerned with the origin of the innate character1 p4 #cbf4 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 concerned1 p4 #cbg sq4--,the six groups into which these modes of conduct may be divided1 p4 #cbh4--,the most sacred duty which we owe to our fellow-creatures generally considered to be regard for their lives1 ibid4--,among various uncivilised peoples human life said to be held very cheap1 p4 #cbh sq4--,among others homicide or murder said to be hardly known1 p4 #cbi sq4--,in other instances homicide expressly said to be regarded as wrong1 p4 #ccj sq4--,in every society custom prohibits homicide within a certain circle of men1 p4 #cca4--,savages distinguish between an act of homicide committed within their own community and one where the victim is a stranger1 pp4 #cca-ccc4--;,in various instances1 however1 the rule1 ,thou shalt not kill1 applies even to foreigners1 p4 #ccc sq4--,some uncivilised peoples said to have no wars1 p4 #ccd4--,savages' recognition of intertribal rights in times of peace obvious from certain customs connected with their wars1 p4 #ccd sq4--,savage custom does not always allow indiscriminate slaughter even in warfare1 p4 #cce sq4--,the readiness with which savages engage in war1 p4 #ccg4--,the old distinction between injuries committed against compatriots and harm done to foreigners remains among peoples more advanced in culture1 p4 #ccg sq4--,the readiness with which such peoples wage war on foreign nations1 and the estimation in which the successful warrior is held1 pp4 #cch-cdj4--,the life of a guest sacred1 p4 #cdj4--,the commencement of international hostilities preceded by special ceremonies1 ibid4--,warfare in some cases condemned1 or a distinction made between just and unjust war1 pp4 #cdj-cdb4--;,even in war the killing of an enemy under certain circumstances prohibited1 either by custom or by enlightened moral opinion1 pp4 #cdb-cdd4 ,,chapter ,,xv ,,homicide ,,in ,,general 7continued7 ,homicide of any kind condemned by the early ,christians1 p4 #cde4--,their total condemnation of warfare1 p4 #cde sq4--,this attitude towards war was soon given up1 pp4 #cdf-cdh4--,the feeling that a soldier scarcely could make a good ,christian1 p4 #cdh4--,penance prescribed for those who had shed blood in war1 p4 #cdh sq4--,wars forbidden by popes1 p4 #cdi4 --,the military ,christianity of the ,crusades1 pp4 #cdh-ceb4--;,chivalry1 pp4 #ceb-ced4--,the intimate connection between chivalry and religion displayed in tournaments1 p4 #ced sq4--,the practice of private war1 p4 #cee sq4--,the attitude of the ,church towards private war1 p4 #cef4--,the ,truce of ,god1 p4 #ceg4--,the main cause of the abolition of private war was the increase of the authority of emperors or kings1 p4 #ceg sq4--,war looked upon as a judgment of ,god1 p4 #ceh4--,the attitude adopted by the great ,christian congregations towards war one of sympathetic approval1 pp4 #cei-cfb4--,religious protests against war1 pp4 #cfb-cfe4--;,freethinkers' opposition to war1 pp4 #cfe-cfg4--,the idea of a perpetual peace1 p4 #cfg4--,the awakening spirit of nationalism1 and the glorification of war1 p4 #cfg sq4--,arguments against arbitration1 p4 #cfh4--,the opposition against war rapidly increasing1 p4 #cfh sq4--,the prohibition of needless destruction in war1 p4 #cfi sq4--,the survival1 in modern civilisation1 of the old feeling that the life of a foreigner is not equally sacred with that of a countryman1 p4 #cgj4--,the behaviour of ,european colonists towards coloured races1 p4 #cgj sq4 xv ,,chapter ,,xvi ,,homicide ,,in ,,general 7concluded7 ,sympathetic resentment felt on account of the injury suffered by the victim a potent cause of the condemnation of homicide1 p4 #cgb sq4--,no such resentment felt if the victim is a member of another group1 p4 #cgc4--,why extra-tribal homicide is approved of1 ibid4--,superstition an encouragement to extra-tribal homicide1 ibid4--,the expansion of the altruistic sentiment largely explains why the prohibition of homicide has come to embrace more and more comprehensive circles of men1 ibid4--,homicide viewed as an injury inflicted upon the survivors1 p4 #cgc sq4--,conceived as a breach of the ,king's peace1 p4 #cgd4--,stigmatised as a disturbance of public tranquillity and an outrage on public safety1 ibid4--,homicide disapproved of because the manslayer gives trouble to his own people1 p4 #cgd sq4--,the idea that a manslayer is unclean1 pp4 #cge-cgg4--,the influence which this idea has exercised on the moral judgment of homicide1 p4 #cgg4--,the disapproval of the deed easily enhanced by the spiritual danger attending on it1 as also by the inconvenient restrictions laid on the tabooed manslayer and the ceremonies of purification to which he is subject1 p4 #cgg sq4--,the notion of a persecuting ghost may be replaced by the notion of an avenging god1 pp4 #cgh-chj4--,the defilement resulting from homicide particularly shunned by gods1 p4 #chj sq4--,priests forbidden to shed human blood1 p4 #cha sq4--,reasons for ,christianity's high regard for human life1 p4 #chb4 ,,chapter ,,xvii ,,the ,,killing ,,of ,,parents1 ,,sick ,,persons1 ,,children-,,feticide ,parricide the most aggravated form of murder1 pp4 #chc-chf4--,the custom of abandoning or killing parents who are worn out with age or disease1 p4 #chf sq4--,its causes1 pp4 #chg-cij4--,the custom of abandoning or killing persons suffering from some illness1 p4 #cia sq4--,its causes1 p4 #cib sq4--,the father's power of life and death over his children1 p4 #cic sq4--,infanticide among many savage races permitted or even enjoined by custom1 pp4 #cid-cih4--,the causes of infanticide1 and how it has grown into a regular custom1 pp4 #cih-djb4--;,among many savages infanticide said to be unheard of or almost so1 p4 #djb sq4--,the custom of infanticide not a survival of earliest savagery1 but seems to have grown up under specific conditions in later stages of development1 p4 #djc4--,savages who disapprove of infanticide1 p4 #djc sq4--,the custom of infanticide in most cases requires that the child should be killed immediately or soon after its birth1 p4 #djd sq4--,infanticide among semi-civilised or civilised races1 pp4 #dje-daa4--,the practice of exposing new-born infants vehemently denounced by the early ,fathers of the ,church1 p4 #daa4--;,christian horror of infanticide1 p4 #daa sq4--,the punishment of infanticide in ,christian countries1 p4 #dab sq4--,feticide among savages1 p4 #dac sq4--,among more civilised nations1 p4 #dad sq4--,according to ,christian views1 a form of murder1 p4 #dae sq4--,distinctions between an embryo informatus and an embryo formatus1 p4 #daf sq4--,modern legislation and opinion concerning feticide1 p4 #dag4 ,,chapter ,,xviii ,,the ,,killing ,,of ,,women1 ,,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 races1 p4 #dah sq4--,the right of punishing his wife capitally not universally xvi granted to the husband in uncivilised communities1 p4 #dai4--,the husband's power of life and death among peoples of a higher type1 ibid4--,uxoricide punished less severely than matricide1 p4 #dai sq4--,the estimate of a woman's life sometimes lower than that of a man's1 sometimes equal to it1 sometimes higher1 p4 #dbj sq4--,the master's power of life and death over his slave1 p4 #dba sq4--,the right1 among many savages1 of killing his slave at his own discretion expressly denied to the master1 p4 #dbb sq4--,the murder of another person's slave largely regarded as an offence against the property of the owner1 but not exclusively looked upon in this light1 p4 #dbc4--,when the system of blood-money prevails1 the price paid for the life of a slave less than that paid for the life of a freeman1 ibid4--,among the nations of archaic culture1 also1 the life of a slave held in less estimation than that of a freeman1 but not even the master in all circumstances allowed to put his slave to death1 pp4 #dbc-dbf4--;,efforts of the ,christian ,church to secure the life of the slave against the violence of the master1 p4 #dbf4--;,but neither the ecclesiastical nor the secular legislation gave him the same protection as was bestowed upon the free member of the ,church and ,state1 pp4 #dbf-dbh4--;,in modern times1 in ,christian countries1 the life of the negro slave was only inadequately protected by law1 p4 #dbh sq4--,why the life of a slave is held in so little regard1 p4 #dbi4--,the killing of a freeman by a slave1 especially if the victim be his owner1 commonly punished more severely than if the same act were done by a free person1 p4 #dbi sq4--,in the estimate of life a distinction also made between different classes of freemen1 p4 #dcj sq4--,the magnitude of the crime may depend not only on the rank of the victim1 but on the rank of the manslayer as well1 pp4 #dca-dcc4 --,explanation of this influence of class1 p4 #dcc4--;,in progressive societies each member of the society at last admitted to be born with an equal claim to the right to live1 ibid4 ,,chapter ,,xix ,,human ,,sacrifice ,the prevalence of human sacrifice1 pp4 #dcd-dcf4--,this practice much more frequently found among barbarians and semi-civilised peoples than among genuine savages1 p4 #dcf sq4--,among some peoples it has been noticed to become increasingly prevalent in the course of time1 p4 #dcg4--;,human sacrifice partly due to the idea that gods have an appetite for human flesh or blood1 p4 #dcg sq4--,sometimes connected with the idea that gods require attendants1 p4 #dch4--,moreover1 an angry god may be appeased simply by the death of him or those who aroused his anger1 or of some representative of the offending community1 or of somebody belonging to the kin of the offender1 pp4 #dch-ddj4--;,human sacrifice chiefly a method of life-insurance1 based on the idea of substitution1 p4 #ddj4--;,human victims offered in war1 before a battle1 or during a siege1 p4 #ddj sq4--,for the purpose of stopping or preventing epidemics1 p4 #dda sq4--,for the purpose of putting an end to a devastating famine1 p4 #ddb sq4--,for the purpose of preventing famine1 p4 #ddc sq4--,criticism of ,dr4 ,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 such1 pp4 #ddd-dea4--;,human victims offered with a view to getting water1 p4 #dea sq4--,with a view to averting perils arising from the sea or from rivers1 pp4 #deb-ded4--;,for the purpose of preventing the death of some particular individual1 especially a chief or a king1 from sickness1 old age1 or other circumstances1 pp4 #ded-deg4--;,for the purpose of helping other men into existence1 p4 #deg sq4--,the killing of the first-born child1 or the first-born son1 p4 #deh sq4--,explanation of this practice1 pp4 #dei-dfa4--;,human sacrifices offered in connection with the foundation of buildings1 p4 #dfa sq4--,the building-sacrifice1 like other kinds of human sacrifice1 probably based on the idea of substitution1 pp4#dfb-dfd4 --,the belief that xvii the soul of the victim is converted into a protecting demon1 p4 #dfd sq4--,the human victim regarded as a messenger1 p4 #dfe sq4--,human sacrifice not an act of wanton cruelty1 p4 #dff4--,the king or chief sometimes sacrificed1 ibid4--,the victims frequently prisoners of war or other aliens1 or slaves1 or criminals1 pp4 #dff-dfh4--,the disappearance of human sacrifice1 p4 #dfh4--;,human sacrifice condemned1 p4 #dfe sq4--,practices intended to replace it1 p4 #dfi4--;,human effigies or animals offered instead of men1 p4 #dfi sq4--,human sacrifices succeeded by practices involving the effusion of human blood without loss of life1 p4 #dgj4--;,bleeding or mutilation practised for the same purpose as human sacrifice1 p4 #dgj sq4--,why the penal sacrifice of offenders has outlived all other forms of human sacrifice1 p4 #dga4--;,human beings sacrificed to the dead in order to serve them as slaves1 wives1 or companions1 pp4 #dgb-dgd4--,this custom dwindling into a survival1 p4 #dge4--,the funeral sacrifice of men and animals also seems to involve an intention to vivify the spirits of the deceased with blood1 p4 #dge sq4--,manslayers killed in order to satisfy their victims' craving for revenge1 p4 #dgf4 ,,chapter ,,xx ,,blood-,,revenge ,,and ,,compensation--,,the ,,punishment ,,of ,,death ,the prevalence of the custom of blood-revenge1 pp4 #dgg-dgi4--;,blood-revenge regarded not only as a right1 but as a duty1 p4 #dgi sq4--,this duty in the first place regarded as a duty to the dead1 whose spirit is believed to find no rest after death until the injury has been avenged1 p4 #dha sq4--,blood-revenge a form of human sacrifice1 p4 #dhb4--;,blood-revenge also practised on account of the injury inflicted on the survivors1 p4 #dhb sq4--,murder committed within the family or kin left unavenged1 p4 #dhc4--,the injury inflicted on the relatives of the murdered man suggests not only revenge1 but reparation1 ibid4--,the taking of life for life may itself1 in a way1 serve as compensation1 p4 #dhc sq4--,various methods of compensation1 p4 #dhd4--,the advantages of the practice of composition1 p4 #dhd sq4--,its disadvantages1 p4 #dhe4--,the importance of these disadvantages depends on the circumstances in each special case1 p4 #dhf sq4--,among many peoples the rule of revenge strictly followed1 and to accept compensation considered disgraceful1 p4 #dhg4--,the acceptance of compensation does not always mean that the family of the slain altogether renounce their right of revenge1 p4 #dhg sq4--,the acceptance of compensation allowed as a justifiable alternative for blood-revenge1 or even regarded as the proper method of settling the case1 p4 #dhh sq4--,the system of compensation partly due to the pressure of some intervening authority1 p4 #dhi sq4--,the adoption of this method for the settling of disputes a sign of weakness1 p4 #dia4--,when the central power of jurisdiction is firmly established1 the rule of life for life regains its sway1 ibid4--,a person may forfeit his right to live by other crimes besides homicide1 p4 #dia sq4--,opposition to and arguments against capital punishment1 pp4 #dib-die4--,modern legislation has undergone a radical change with reference to capital punishment1 p4 #die4--;,arguments against its abolition1 p4 #die sq4--,the chief motive for retaining it in modern legislation1 p4 #dif4 ,,chapter ,,xxi ,,the ,,duel ,duelling resorted to as a means of bringing to an end hostilities between different groups of people1 p4 #dig sq4--,duels fought for the purpose of settling disputes between individuals1 either by conferring on the victor the right of possessing xviii the object of the strife1 or by gratifying a craving for revenge and wiping off the affront1 pp4 #dih-ejb4--,the circumstances to which these customs are due1 p4 #ejc sq4--,the duel as an ordeal or judgment of ,god1 p4 #ejd sq4--,the judicial duel fundamentally derived its efficacy as a means of ascertaining the truth from its connection with an oath1 p4 #eje sq4 ,how it came to be regarded as an appeal to the justice of ,god1 p4 #ejf sq4--,the decline and disappearance of the judicial duel1 p4 #ejg4--,the modern duel of honour1 pp4 #ejg-eji4--;,its causes1 p4 #eji4--;,arguments adduced in support of it1 p4 #eji sq4 ,,chapter ,,xxii ,,bodily ,,injuries ,in the case of bodily injuries the magnitude of the offence1 other things being equal1 proportionate to the harm inflicted1 pp4 #eaa-eac4--,the degree of the offence also depends on the station of the parties concerned1 and in some cases the infliction of pain held allowable or even a duty1 p4 #eac4--;,children using violence against their parents1 ibid4--,parents' right to inflict corporal punishment on their children1 p4 #eac sq4--,the husband's right to chastise his wife1 pp4 #ead-eaf4--,the master's right to inflict corporal punishment on his slave1 p4 #eaf sq4--,the maltreatment of another person's slave regarded as an injury done to the master1 rather than to the slave1 p4 #eag4--,slaves severely punished for inflicting bodily injuries on freemen1 p4 #eaj4--,the penalties or fines for bodily injuries influenced by the class or rank of the parties when both of them are freemen1 p4 #eah sq4--,distinction between compatriots and aliens with reference to bodily injuries1 p4 #eai4--,the infliction of sufferings on vanquished enemies1 p4 #eai sq4--,the right to bodily integrity influenced by religious differences1 p4 #ebj--;,forfeited by the commission of a crime1 p4 #ebj sq4--,amputation or mutilation of the offending member has particularly been in vogue among peoples of culture1 p4 #eba sq4--,the disappearance of corporal punishment in ,europe1 p4 #ebb4--;,corporal punishment has been by preference a punishment for poor and common people or slaves1 p4 #ebb sq4--,the status of a person influencing his right to bodily integrity with reference to judicial torture1 p4 #ebc sq4--,explanation of the moral notions regarding the infliction of bodily injuries1 p4 #ebd4--,the notions that an act of bodily violence involves a gross insult1 and that corporal punishment disgraces the criminal more than any other form of penalty1 p4 #ebd sq4 ,,chapter ,,xxiii ,,charity ,,and ,,generosity ,the mother's duty to rear her children1 p4 #ebf4--,the husband's and father's duty to protect and support his family1 pp4 #ebf-ebi4--,the parents' duty of taking care of their offspring in the first place based on the sentiment of parental affection1 p4 #ebi4--,the universality not only of the maternal1 but of the paternal1 sentiment in mankind1 pp4 #ebi-ecb4--,marital affection among savages1 p4 #ecb4--;,explanation of the simplest paternal and marital duties1 p4 #ecc--;,children's duty of supporting their aged parents1 pp4 #ecc-ech4 ,the duty of assisting brothers and sisters1 p4 #ech4--,of assisting more distant relatives1 pp4 #ech-edj4--,uncivilised peoples as a rule described as kind towards members of their own community or tribe1 enjoin charity between themselves as a duty1 and praise generosity as a virtue1 pp4 #edj-edf4--;,among many savages the old people1 in particular1 have a claim to support and assistance1 p4 #edf4--,the sick often carefully attended to1 pp4 #edf-edh4-- xix ,accounts of uncharitable savages1 p4 #edh sq4--,among semi-civilised and civilised nations charity universally regarded as a duty1 and often strenuously enjoined by their religions1 pp4 #edi-eef4--;,in the course of progressing civilisation the obligation of assisting the needy has been extended to wider and wider circles of men1 pp4 #eef-eeh4--,the duty of tending wounded enemies in war1 p4 #eeh4--;,explanation of the gradual expansion of the duty of charity1 p4 #eei4--,this duty in the first place based on the altruistic sentiment1 p4 #eei sq4--,egoistic motives for the doing of good to fellow-creatures1 p4 #efj4--;,by niggardliness a person may expose himself to supernatural dangers1 pp4 #efj-efb4--,liberality may entail supernatural reward1 p4 #efb sq4 --,the curses and blessings of the poor partly account for the fact that charity has come to be regarded as a religious duty1 pp4 #efc-efe4--,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 sacrifice1 the poor becoming the natural heirs of the god1 p4 #efe4--;,instances of sacrificial food being left for1 or distributed among1 the poor1 p4 #efe sq4--,almsgiving itself regarded as a form of sacrifice1 or taking the place of it1 pp4 #eff-efi4 ,,chapter ,,xxiv ,,hospitality ,instances of great kindness displayed by savages towards persons of a foreign race1 pp4 #egj-egb4--;,hospitality a universal custom among the lower races and among the peoples of culture at the earlier stages of their civilisation1 pp4 #egb-egd4--,the stranger treated with special marks of honour1 and enjoying extraordinary privileges as a guest1 pp4 #egd-egf4--;,custom may require that hospitality should be shown even to an enemy1 p4 #egf sq4--,to protect a guest looked upon as a most stringent duty1 p4 #egg sq4--,hospitality in a remarkable degree associated with religion1 pp4 #egh-ehj4--,the rules of hospitality in the main based on egoistic considerations1 p4 #eha4--,the stranger1 supposed to bring with him good luck or blessings1 pp4 #eha-ehc4--,the blessings of a stranger considered exceptionally powerful1 p4 #ehc sq4--,the visiting stranger regarded as a potential source of evil1 p4 #ehd4--;,his evil wishes and curses greatly feared1 owing partly to his quasi-supernatural character1 partly to the close contact in which he comes with the host and his belongings1 pp4 #ehd-eij4--,precautions taken against the visiting stranger1 pp4 #eij-eic4--,why no payment is received from a guest1 p4 #eic sq4--,the duty of hospitality limited by time1 p4 #eid sq4--,the cause of this1 p4 #eie sq4--,the decline of hospitality in progressive communities1 p4 #eif4 ,,chapter ,,xxv ,,the ,,subjection ,,of ,,children ,the right of personal freedom never absolute1 p4 #eig4--;,among some savages a man's children are in the power of the head of their mother's family or of their maternal uncle1 p4 #eig sq4--,among the great bulk of existing savages children are in the power of their father1 though he may to some extent have to share his authority with the mother1 p4 #eih sq4--,the extent of the father's power subject to great variations1 p4 #eii4--;,among some savages the father's authority practically very slight1 p4 #eii sq4--,other savages by no means deficient in filial piety1 p4 #fjj sq4--,the period during which the paternal authority lasts1 p4 #fja sq4--,old age commands respect and gives authority1 pp4 #fjc-fje4--,superiority of age also gives a certain amount xx of power1 p4 #fje sq4--,the reverence for old age may cease when the grey-head becomes an incumbrance to those around him1 and imbecility may put an end to the father's authority over his family1 p4 #fjf sq4--,paternal1 or parental1 authority and filial reverence at their height among peoples of archaic culture1 pp4 #fjg-fac4--;,among these peoples we also meet with reverence for the elder brother1 for persons of a superior age generally1 and especially for the aged1 p4 #fad sq4--,decline of the paternal authority in ,europe1 p4 #fae sq4--,christianity not unfavourable to the emancipation of children1 though obedience to parents was enjoined as a ,christian duty1 p4 #faf sq4--,the ,roman notions of paternal rights and filial duties have to some extent survived in ,latin countries1 p4 #fag sq4--,sources of the parental authority1 p4 #fah sq4--,among savages1 in particular1 filial regard is largely regard for one's elders or the aged1 p4 #fai4--;,causes of the regard for old age1 pp4 #fai-fba4--,the chief cause of the connection between filial submissiveness and religious beliefs the extreme importance attached to parental curses and blessings1 pp4 #fba-fbf4--,why the blessings and curses of parents are supposed to possess an unusual power1 p4 #fbf sq4--,explanation of the extraordinary development of the paternal authority in the archaic ,state1 p4 #fbg sq4--,causes of the downfall of the paternal power1 p4 #fbh4 ,,chapter ,,xxvi ,,the ,,subjection ,,of ,,wives ,among the lower races the wife frequently said to be the property or slave of her husband1 p4 #fbi sq4--,yet even in such cases custom has not left her entirely destitute of rights1 p4 #fcj sq4--,the so-called absolute authority of husbands over their wives not to be taken too literally1 p4 #fca sq4--,the bride-price does not eo ipso confer on the husband absolute rights over her1 p4 #fcb sq4--,the hardest drudgeries of life often said to be imposed on the women1 p4 #fcc sq4--,in early society each sex has its own pursuits1 p4 #fcd4--,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 nature1 p4 #fce sq4--,this division of labour emphasised by custom and superstition1 p4 #fcf sq4--,it is apt to mislead the travelling stranger1 p4 #fcg4--;,it gives the wife authority within the circle which is exclusively her own1 ibid4--,rejection of the broad statement that the lower races in general hold their women in a state of almost complete subjection1 pp4 #fch-fdf4--,the opinion that a people's civilisation may be measured by the position held by the women not correct1 at least so far as the earlier stages of culture are concerned1 p4 #fdf sq4--,the position of woman among the peoples of archaic civilisation1 pp4 #fdg-fec4--;,christianity tended to narrow the remarkable liberty granted to married women under the ,roman ,empire1 p4 #fec sq4--,christian orthodoxy opposed to the doctrine that marriage should be a contract on the footing of perfect equality between husband and wife1 p4 #fed sq4--,criticism of the hypothesis that the social status of women is connected with the system of tracing descent1 p4 #fee sq4--,the authority of a husband who lives with his wife in the house or community of her father1 p4 #fef sq4--,wives' subjection to their husbands in the first place due to the men's instinctive desire to exert power1 and to the natural inferiority of women in such qualities of body and mind as are essential for personal independence1 p4 #feg4--;,elements in the sexual impulse which lead to domination on the part of the man and to submission on the part of the woman1 p4 #feg sq4--,but if the man's domination is carried beyond the limits of female love1 the woman feels it as a burden1 p4 #feh sq4--,in extreme cases of oppression1 at any rate1 the community at large would sympathise with her1 and the public resentment against the oppressor would result in customs or laws limiting the xxi husband's rights1 p4 #fei4--,the offended woman may count upon the support of her fellow-sisters1 ibid4--,the children's affection and regard for their mother gives her power1 ibid4--,the influence which economic conditions exercise on the position of woman1 pp4 #fei-ffa4--,the status of wives connected with the ideas held about the female sex in general1 p4 #ffa4--,woman regarded as intellectually and morally vastly inferior to man1 especially among nations more advanced in culture1 pp4 #ffa-ffc4 --,progress in civilisation has exercised an unfavourable influence on the position of woman by widening the gulf between the sexes1 p4 #ffc4--,religion has contributed to her degradation by regarding her as unclean1 p4 #ffc sq4--,women excluded from religious worship and sacred functions1 pp4 #ffd-fff4--,the notion that woman is unclean1 however1 gives her a secret power over her husband1 as women are supposed to be better versed in magic than men1 pp4 #fff-ffh4--,the curses of women greatly feared1 p4 #ffh4--,woman as an asylum1 p4 #ffh sq4--,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 clan1 p4 #ffi4--;,causes of the decrease of the husband's authority over his wife in modern civilisation1 ibid4 ,,chapter ,,xxvii ,,slavery ,definition of slavery1 p4 #fgj sq4--,the distribution of slavery and its causes among savages1 pp4 #fga-fgd4--,the earliest source of slavery was probably war or conquest1 p4 #fgd sq4--,intra-tribal slavery among savages1 p4 #fge sq4--,the master's power over his slave among slave-holding savages1 pp4 #fgf-fgh4--;,among the lower races slaves are generally treated kindly1 pp4 #fgh-fhj4--;,intra-tribal slaves1 especially such as are born in the house1 generally treated better than extra-tribal or purchased slaves1 p4 #fhj sq4--,slavery among the nations of archaic culture1 pp4 #fha-fic4--,the attitude of ,christianity towards slavery1 pp4 #fic-gjj4--,the supposed causes of the extinction of slavery in ,europe1 pp4 #fig-gja4--,the chief cause the transformation of slavery into serfdom1 p4 #gja4--,serfdom only a transitory condition leading up to a state of entire liberty1 pp4 #gja-gjc4--,the attitude of the ,church towards serfdom1 p4 #gjc sq4--,the negro slavery in the colonies of ,european countries and the ,southern ,states of ,america1 and the legislation relating to it1 pp4 #gjd-gaa4--,the support given to it by the clergy1 pp4 #gaa-gac4--,the want of sympathy for1 or positive antipathy to1 the coloured race1 p4 #gac sq4--,the opinions regarding slavery and the condition of slaves influenced by altruistic considerations1 p4 #gad sq4--,the condition of slaves influenced by the selfish considerations of their masters1 p4 #gae sq4 ,,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 origin4 ,its author was once discussing with some friends the point how far a bad man ought to be treated with kindness4 ,the opinions were divided1 and1 in spite of much deliberation1 unanimity could not be attained4 ,it seemed strange that the disagreement should be so radical1 and the question arose1 ,whence this diversity of opinion8 ,is it due to defective knowledge1 or has it a merely sentimental origin8 ,and the problem gradually expanded4 ,why do the moral ideas in general differ so greatly8 ,and1 on the other hand1 why is there in many cases such a wide agreement8 ,nay1 why are there any moral ideas at all8 ,since then many years have passed1 spent by the author in trying to find an answer to these questions4 ,the present work is the result of his researches and thoughts4 ,the first part of it will comprise a study of the moral concepts3 right1 wrong1 duty1 justice1 virtue1 merit1 c4 ,such a study will be found to require an examination into the moral emotions1 their nature and origin1 as also into the relations between these emotions and the various #b moral concepts4 ,there will then be a discussion of the phenomena to which such concepts are applied--the subjects of moral judgments4 ,the general character of these phenomena will be scrutinised1 and an answer sought to the question why facts of a certain type are matters of moral concern1 while other facts are not4 finally1 the most important of these phenomena will be classified1 and the moral ideas relating to each class will be stated1 and1 so far as possible1 explained4 ,an investigation of this kind cannot be confined to feelings and ideas prevalent in any particular society or at any particular stage of civilisation4 ,its subject-matter is the moral consciousness of mankind at large4 ,it consequently involves the survey of an unusually rich and varied field of research--psychological1 ethnographical1 historical1 juridical1 theological4 ,in the present state of our knowledge1 when monographs on most of the subjects involved are wanting1 ,i presume that such an undertaking is1 strictly speaking1 too big for any man2 at any rate it is so for the writer of this book4 ,nothing like completeness can be aimed at4 ,hypotheses of varying degrees of probability must only too often be resorted to4 ,even the certainty of the statements on which conclusions are based is not always beyond a doubt4 ,but though fully conscious of the many defects of his attempt1 the author nevertheless ventures to think himself justified in placing it before the public4 ,it seems to him that one of the most important objects of human speculation cannot be left in its present state of obscurity2 that at least a glimpse of light must be thrown upon it by researches which have extended over some fifteen years2 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 monograph4 ,possibly this essay1 in spite of its theoretical character1 may even be of some practical use4 ,though rooted in the emotional side of our nature1 our moral #c opinions are in a large measure amenable to reason4 ,now in every society the traditional notions as to what is good or bad1 obligatory or indifferent1 are commonly accepted by the majority of people without further reflection4 ,by tracing them to their source it will be found that not a few of these notions have their origin in sentimental likings and antipathies1 to which a scrutinising and enlightened judge can attach little importance2 whilst1 on the other hand1 he must account blamable many an act and omission which public opinion1 out of thoughtlessness1 treats with indifference4 ,it will1 moreover1 appear that a moral estimate often survives the cause from which it sprang4 ,and no unprejudiced person can help changing his views if he be persuaded that they have no foundation in existing facts4 ,,chapter ,i ,,the ,,emotional ,,origin ,,of ,,moral ,,judgments ,,that the moral concepts are ultimately based on emotions either of indignation or approval1 is a fact which a certain school of thinkers have in vain attempted to deny4 ,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 them4 ,men pronounced certain acts to be good or bad on account of the emotions those acts aroused in their minds1 just as they called sunshine warm and ice cold on account of certain sensations which they experienced1 and as they named a thing pleasant or painful because they felt pleasure or pain4 ,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 it4 ,such an attribution must mean that the thing1 under certain circumstances1 makes a certain impression on the mind4 ,by calling an object warm or pleasant1 a person asserts that it is apt to produce in him a sensation of heat or a feeling of pleasure4 ,similarly1 to name an act good or bad1 ultimately implies that it is apt to give rise to an emotion of approval or disapproval in him who pronounces the judgment4 ,whilst not affirming the actual existence of any specific emotion in the mind of the person judging or of anybody else1 the predicate of a moral judgment attributes to the subject a tendency to arouse an emotion4 ,the moral #e concepts1 then1 are essentially generalisations of tendencies in certain phenomena to call forth moral emotions4 ,however1 as is frequently the case with general terms1 these concepts are mentioned without any distinct idea of their contents4 ,the relation in which many of them stand to the moral emotions is complicated2 the use of them is often vague2 and ethical theorisers1 instead of subjecting them to a careful analysis1 have done their best to increase the confusion by adapting the meaning of the terms to fit their theories4 ,very commonly1 in the definition of the goodness or badness of acts1 reference is made1 not to their tendencies to evoke emotions of approval or indignation1 but to the causes of these tendencies1 that is1 to those qualities in the acts which call forth moral emotions4 ,thus1 because good acts generally produce pleasure and bad acts pain1 goodness and badness have been identified with the tendencies of acts to produce pleasure or pain4 ,the following statement of ,sir ,james ,stephen is a clearly expressed instance of this confusion1 so common among utilitarians3--,speaking generally1 the acts which are called right do promote1 or are supposed to promote general happiness1 and the acts which are called wrong do diminish1 or are supposed to diminish it4 ,i say1 therefore1 that this is what the words 'right' and 'wrong' mean1 just as the words 'up' and 'down' mean that which points from or towards the earth's centre of gravity1 though they are used by millions who have not the least notion of the fact that such is their meaning1 and though they were used for centuries and millenniums before any one was or even could be aware of it4#a ,so1 too1 ,bentham maintained that words like ought1 right1 and wrong1 have no meaning unless interpreted in accordance with the principle of utility2#b and ,james ,mill was of opinion that the very morality of the act lies1 not in the sentiments raised in the breast of him who perceives or contemplates it1 but in the consequences of the act1 good or evil1 and their being #f within the intention of the agent4#c ,he adds that a rational assertor of the principle of utility approves of an action because it is good1 and calls it good because it conduces to happiness4#d ,this1 however1 is to invert the sequence of the facts1 since1 properly speaking1 an act is called good because it is approved of1 and is approved of by an utilitarian in so far as it conduces to happiness4 ,footnote #a3 ,stephen1 ,liberty1 ,equality1 ,fraternity1 p4 #cch4 ,footnote #b3 ,bentham1 ,principles of ,morals and ,legislation1 p4 #d4 ,footnote #c3 ,james ,mill1 ,fragment on ,mackintosh1 pp4 #e1 #cgf4 ,footnote #d3 ,ibid4 p4 #cfh4 ,such confusion of terms cannot affect the real meaning of the moral concepts4 ,it is true that he who holds that actions are right in proportion as they tend to promote happiness1 wrong as they tend to produce the reverse of happiness1#e may1 by a merely intellectual process1 pass judgment on the moral character of particular acts2 but1 if he is an utilitarian from conviction1 his first principle1 at least1 has an emotional origin4 ,the case is similar with many of the moral judgments ordinarily passed by men4 ,they are applications of some accepted general rule3 conformity or non-conformity to the rule decides the rightness or wrongness of the act judged of4 ,but whether the rule be the result of a person's independent deductions1 or be based upon authority1 human or divine1 the fact that his moral consciousness recognises it as valid implies that it has an emotional sanction in his own mind4 ,footnote #e3 ,stuart ,mill1 ,utilitarianism1 p4 #i sq4 ,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 judgment1 it is generally assumed to possess the character of universality or objectivity as well4 ,the statement that an act is good or bad does not merely refer to an individual emotion2 as will be shown subsequently1 it always has reference to an emotion of a more public character4 ,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 circumstances1 and who has a sufficiently developed #g moral consciousness4 ,we are not willing to admit that our moral convictions are a mere matter of taste1 and we are inclined to regard convictions differing from our own as errors4 ,this characteristic of our moral judgments has been adduced as an argument against the emotionalist theory of moral origins1 and has led to the belief that the moral concepts represent qualities which are discerned by reason4 ,cudworth1 ,clarke1 ,price1 and ,reid are names which recall to our mind a theory according to which the morality of actions is perceived by the intellect1 just as are number1 diversity1 causation1 proportion4 ,morality is eternal and immutable1 says ,richard ,price4 ,right and wrong1 it appears1 denote what actions are4 ,now whatever any thing is1 that it is1 not by will1 or degree1 or power1 but by nature and necessity4 ,whatever a triangle or circle is1 that it is unchangeably and eternally4 4 4 4 ,the same is to be said of right and wrong1 of moral good and evil1 as far as they express real characters of actions4 ,they must immutably and necessarily belong to those actions of which they are truly affirmed4#f ,and as having a real existence outside the mind1 they can only be discerned by the understanding4 ,it is true that this discernment is accompanied with an emotion3 ,some impressions of pleasure or pain1 satisfaction or disgust1 generally attend our perceptions of virtue and vice4 ,but these are merely their effects and concomitants1 and not the perceptions themselves1 which ought no more to be confounded with them1 than a particular truth 7like that for which ,pythagoras offered a hecatomb7 ought to be confounded with the pleasure that may attend the discovery of it4#g ,footnote #f3 ,price1 ,review of the ,principal ,questions in ,morals1 pp4 #fc1 #gd sq4 ,footnote #g3 ,ibid4 p4 #fc4 ,according to another doctrine1 the moral predicates1 though not regarded as expressions of theoretical truth1 nevertheless derive all their import from reason from practical or moral reason1 as it is variously #h called4 ,thus ,professor ,sidgwick holds that the fundamental notions represented by the word ought or right1 which moral judgments contain expressly or by implication1 are essentially different from all notions representing facts of physical or psychical experience1 and he refers such judgments to the reason1 understood as a faculty of cognition4 ,by this he implies that what ought to be is a possible object of knowledge1 i4e41 that what ,i judge ought to be1 must1 unless ,i am in error1 be similarly judged by all rational beings who judge truly of the matter4 ,the moral judgments contain moral truths1 and cannot legitimately be interpreted as judgments respecting the present or future existence of human feelings or any facts of the sensible world4#h ,footnote #h3 ,sidgwick1 ,methods of ,ethics1 pp4 #be1 #cc sq4 ,yet our tendency to objectivise the moral judgments is no sufficient ground for referring them to the province of reason4 ,if1 in this respect1 there is a difference between these judgments and others that are rooted in the subjective sphere of experience1 it is1 largely1 a difference in degree rather than in kind4 ,the aesthetic judgments1 which indisputably have an emotional origin1 also lay claim to a certain amount of objectivity4 ,by saying of a piece of music that it is beautiful1 we do not merely mean that it gives ourselves aesthetic enjoyment1 but we make a latent assumption that it must have a similar effect upon everybody who is sufficiently musical to appreciate it4 ,this objectivity ascribed to judgments which have a merely subjective origin springs in the first place from the similarity of the mental constitution of men1 and1 generally speaking1 the tendency to regard them as objective is greater in proportion as the impressions vary less in each particular case4 ,if there is no disputing of tastes1 that is because taste is so extremely variable2 and yet even in this instance we recognise a certain objective standard by speaking of a bad and a good taste4 ,on the other hand1 if the appearance of objectivity in the moral judgments is so illusive as to #i make it seem necessary to refer them to reason1 that is partly on account of the comparatively uniform nature of the moral consciousness4 ,society is the school in which men learn to distinguish between right and wrong4 ,the headmaster is ,custom1 and the lessons are the same for all4 ,the first moral judgments were pronounced by public opinion2 public indignation and public approval are the prototypes of the moral emotions4 ,as regards questions of morality1 there was1 in early society1 practically no difference of opinion2 hence a character of universality1 or objectivity1 was from the very beginning attached to all moral judgments4 ,and when1 with advancing civilisation1 this unanimity was to some extent disturbed by individuals venturing to dissent from the opinions of the majority1 the disagreement was largely due to facts which in no way affected the moral principle1 but had reference only to its application4 ,most people follow a very simple method in judging of an act4 ,particular modes of conduct have their traditional labels1 many of which are learnt with language itself2 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 group4 ,but a conscientious and intelligent judge proceeds in a different manner4 ,he carefully examines all the details connected with the act1 the external and internal conditions under which it was performed1 its consequences1 its motive2 and1 since the moral estimate in a large measure depends upon the regard paid to these circumstances1 his judgment may differ greatly from that of the man in the street1 even though the moral standard which they apply be exactly the same4 ,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 easy1 and this naturally increases the disagreement4 ,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 #aj intellectual character--from the knowledge or ignorance of positive facts1--and involves no discord in principle4 ,now it has been assumed by the advocates of various ethical theories that all the differences of moral ideas originate in this way1 and that there is some ultimate standard which must be recognised as authoritative by everybody who understands it rightly4 ,according to ,bentham1 the rectitude of utilitarianism has been contested only by those who have not known their own meaning3--,when a man attempts to combat the principle of utility 4 4 4 his arguments1 if they prove anything1 prove not that the principle is wrong1 but that1 according to the applications he supposes to be made of it1 it is misapplied4#i ,mr4 ,spencer1 to whom good conduct is that which conduces to life in each and all1 believes that he has the support of the true moral consciousness1 or moral consciousness proper1 which1 whether in harmony or in conflict with the pro-ethical sentiment1 is vaguely or distinctly recognised as the rightful ruler4#aj ,samuel ,clarke1 the intuitionist1 again1 is of opinion that if a man endowed with reason denies the eternal and necessary moral differences of things1 it is the very same as if a man that has the use of his sight1 should at the same time that he beholds the sun1 deny that there is any such thing as light in the world2 or as if a man that understands ,geometry or ,arithmetick1 should deny the most obvious and known proportions of lines or numbers4#aa ,in short1 all disagreement as to questions of morals is attributed to ignorance or misunderstanding4 ,footnote #i3 ,bentham1 ,principles of ,morals and ,legislation1 p4 #d sq4 ,footnote #aj3 ,spencer1 ,principles of ,ethics1 i4 #de1 #ccg sq4 ,footnote #aa3 ,clarke1 ,discourse concerning the ,unchangeable ,obligations of ,natural ,religion1 p4 #agi4 ,the influence of intellectual considerations upon moral judgments is certainly immense4 ,we shall find that the evolution of the moral consciousness to a large extent consists in its development from the unreflecting to the reflecting1 from the unenlightened to the enlightened4 ,all higher emotions are determined by cognitions1 they arise #aa from the presentation of determinate objective conditions2#ab and moral enlightenment implies a true and comprehensive presentation of those objective conditions by which the moral emotions1 according to their very nature1 are determined4 ,morality may thus in a much higher degree than1 for instance1 beauty be a subject of instruction and of profitable discussion1 in which persuasion is carried by the representation of existing data4 ,but although in this way many differences may be accorded1 there are points in which unanimity cannot be reached even by the most accurate presentation of facts or the subtlest process of reasoning4 ,footnote #ab3 ,marshall1 ,pain1 ,pleasure1 and ,aesthetics1 p4 #hc4 ,whilst certain phenomena will almost of necessity arouse similar moral emotions in every mind which perceives them clearly1 there are others with which the case is different4 ,the emotional constitution of man does not present the same uniformity as the human intellect4 ,certain cognitions inspire fear in nearly every breast2 but there are brave men and cowards in the world1 independently of the accuracy with which they realise impending danger4 ,some cases of suffering can hardly fail to awaken compassion in the most pitiless heart2 but the sympathetic dispositions of men vary greatly1 both in regard to the beings with whose sufferings they are ready to sympathise1 and with reference to the intensity of the emotion4 ,the same holds good for the moral emotions4 ,the existing diversity of opinion as to the rights of different classes of men and of the lower animals1 which springs from emotional differences1 may no doubt be modified by a clearer insight into certain facts1 but no perfect agreement can be expected as long as the conditions under which the emotional dispositions are formed remain unchanged4 ,whilst an enlightened mind must recognise the complete or relative irresponsibility of an animal1 a child1 or a madman1 and must be influenced in its moral judgment by the motives of an act--no intellectual enlightenment1 no scrutiny of facts1 can decide how far the interests of the #ab lower animals should be regarded when conflicting with those of men1 or how far a person is bound1 or allowed1 to promote the welfare of his nation1 or his own welfare1 at the cost of that of other nations or other individuals4 ,professor ,sidgwick's well-known moral axiom1 ,i ought not to prefer my own lesser good to the greater good of another1#ac would1 if explained to a ,fuegian or a ,hottentot1 be regarded by him1 not as self-evident1 but as simply absurd2 nor can it claim general acceptance even among ourselves4 ,who is that ,another to whose greater good ,i ought not to prefer my own lesser good8 ,a fellow-countryman1 a savage1 a criminal1 a bird1 a fish--all without distinction8 ,it will1 perhaps1 be argued that on this1 and on all other points of morals1 there would be general agreement1 if only the moral consciousness of men were sufficiently developed4#ad ,but then1 when speaking of a sufficiently developed moral consciousness 7beyond insistence upon a full insight into the governing facts of each case71 we practically mean nothing else than agreement with our own moral convictions4 ,the expression is faulty and deceptive1 because1 if intended to mean anything more1 it presupposes an objectivity of the moral judgments which they do not possess1 and at the same time seems to be proving what it presupposes4 ,we may speak of an intellect as sufficiently developed to grasp a certain truth1 because truth is objective2 but it is not proved to be objective by the fact that it is recognised as true by a sufficiently developed intellect4 ,the objectivity of truth lies in the recognition of facts as true by all who understand them fully1 whilst the appeal to a sufficient knowledge assumes their objectivity4 ,to the verdict of a perfect intellect1 that is1 an intellect which knows everything existing1 all would submit2 but we can form no idea of a moral consciousness which could lay claim to a similar authority4 ,if the believers in an all-good #ac ,god1 who has revealed his will to mankind1 maintain that they in this revelation possess a perfect moral standard1 and that1 consequently1 what is in accordance with such a standard must be objectively right1 it may be asked what they mean by an all-good ,god4 ,and in their attempt to answer this question1 they would inevitably have to assume the objectivity they wanted to prove4 ,footnote #ac3 ,sidgwick1 op4 cit4 p4 #chc4 ,footnote #ad3 ,this1 in fact1 was the explanation given by ,professor ,sidgwick himself in a conversation which ,i had with him regarding his moral axioms4 ,the error we commit by attributing objectivity to moral estimates becomes particularly conspicuous when we consider that these estimates have not only a certain quality1 but a certain quantity4 ,there are different degrees of badness and goodness1 a duty may be more or less stringent1 a merit may be smaller or greater4#ae ,these quantitative differences are due to the emotional origin of all moral concepts4 ,emotions vary in intensity almost indefinitely1 and the moral emotions form no exception to this rule4 ,indeed1 it may be fairly doubted whether the same mode of conduct ever arouses exactly the same degree of indignation or approval in any two individuals4 ,many of these differences are of course too subtle to be manifested in the moral judgment2 but very frequently the intensity of the emotion is indicated by special words1 or by the way in which the judgment is pronounced4 ,it should be noticed1 however1 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 occasion4 ,we are liable to feel more indignant if an injury is committed before our eyes than if we read of it in a newspaper1 and yet we admit that the degree of wrongness is in both cases the same4 ,the quantity of moral estimates is determined by the intensity of the emotions which their objects tend to evoke under exactly similar external circumstances4 ,footnote #ae3 ,it will be shown in a following chapter why there are no degrees of rightness4 ,this concept implies accordance with the moral law4 ,the adjective right means that duty is fulfilled4 #ad ,besides the relative uniformity of moral opinions1 there is another circumstance which tempts us to objectivise moral judgments1 namely1 the authority which1 rightly or wrongly1 is ascribed to moral rules4 ,from our earliest childhood we are taught that certain acts are right and that others are wrong4 ,owing to their exceptional importance for human welfare1 the facts of the moral consciousness are emphasised in a much higher degree than any other subjective facts4 ,we are allowed to have our private opinions about the beauty of things1 but we are not so readily allowed to have our private opinions about right and wrong4 ,the moral rules which are prevalent in the society to which we belong are supported by appeals not only to human1 but to divine1 authority1 and to call in question their validity is to rebel against religion as well as against public opinion4 ,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 things4 ,and the moral law has retained its authoritativeness even when the appeal to an external authority has been regarded as inadequate4 ,it filled ,kant with the same awe as the star-spangled firmament4 ,according to ,butler1 conscience is a faculty in kind and in nature supreme over all others1 and which bears its own authority of being so4#af ,its supremacy is said to be felt and tacitly acknowledged by the worst no less than by the best of men4#ag ,adam ,smith calls the moral faculties the vicegerents of ,god within us1 who never fail to punish the violation of them by the torments of inward shame and self-condemnation2 and1 on the contrary1 always reward obedience with tranquillity of mind1 with contentment1 and self-satisfaction4#ah ,even ,hutcheson1 who raises the question why the moral sense should not vary in different men as the palate does1 considers it #ae to be naturally destined to command all the other powers4#ai ,footnote #af3 ,butler1 ',sermon ,,ii4--,upon ,human ,nature1' in ,analogy of ,religion1 c4 p4 #djc4 ,footnote #ag3 ,dugald ,stewart1 ,philosophy of the ,active and ,moral ,powers of ,man1 i4 #cjb4 ,footnote #ah3 ,adam ,smith1 ,theory of ,moral ,sentiments1 p4 #bce4 ,footnote #ai3 ,hutcheson1 ,system of ,moral ,philosophy1 i4 #fa4 ,authority is an ambiguous word4 ,it may indicate knowledge of truth1 and it may indicate a rightful power to command obedience4 ,the authoritativeness attributed to the moral law has often reference to both kinds of authority4 ,the moral lawgiver lays down his rules in order that they should be obeyed1 and they are authoritative in so far as they have to be obeyed4 ,but he is also believed to know what is right and wrong1 and his commands are regarded as expressions of moral truths4 ,as we have seen1 however1 this latter kind of authority involves a false assumption as to the nature of the moral predicates1 and it cannot be justly inferred from the power to command4 ,again1 if the notion of an external lawgiver be put aside1 the moral law does not generally seem to possess supreme authority in either sense of the word4 ,it does not command obedience in any exceptional degree2 few laws are broken more frequently4 ,nor can the regard for it be called the mainspring of action2 it is only one spring out of many1 and variable like all others4 ,in some instances it is the ruling power in a man's life1 in others it is a voice calling in the desert2 and the majority of people seem to be more afraid of the blame or ridicule of their fellowmen1 or of the penalties with which the law threatens them1 than of the vicegerents of ,god in their own hearts4 ,that mankind prefer the possession of virtue to all other enjoyments1 and look upon vice as worse than any other misery1#bj is unfortunately an imagination of some moralists who confound men as they are with men as they ought to be4 ,footnote #bj3 ,idem1 ,inquiry into the ,original of our ,ideas of ,beauty and ,virtue1 p4 #bdh4 ,it is said that the authority of the moral law asserts itself every time the law is broken1 that virtue bears in itself its own reward1 and vice its own punishment4 ,but1 to be sure1 conscience is a very unjust retributer4 ,the more a person habituates himself to virtue the more he #af sharpens its sting1 the deeper he sinks in vice the more he blunts it4 ,whilst the best men have the most sensitive consciences1 the worst have hardly any conscience at all4 ,it is argued that the habitual sinner has rid himself of remorse at a great cost2#ba but it may be fairly doubted whether the loss is an adequate penalty for his wickedness4 ,we are reminded that men are rewarded for good and punished for bad acts by the moral feelings of their neighbours4 ,but public opinion and law judge of detected acts only4 ,their judgment is seldom based upon an exhaustive examination of the case4 ,they often apply a standard which is itself open to criticism4 ,and the feelings with which men regard their fellow-creatures1 and which are some of the main sources of human happiness and suffering1 have often very little to do with morality4 ,a person is respected or praised1 blamed or despised1 on other grounds than his character4 ,nay1 the admiration which men feel for genius1 courage1 pluck1 strength1 or accidental success1 is often superior in intensity to the admiration they feel for virtue4 ,footnote #ba3 ,ziegler1 ,social ,ethics1 p4 #ajc4 ,in spite of all this1 however1 the supreme authority assigned to the moral law is not altogether an illusion4 ,it really exists in the minds of the best1 and is nominally acknowledged by the many4 ,by this ,i do not refer to the universal admission that the moral law1 whether obeyed or not1 ought under all circumstances to be obeyed2 for this is the same as to say that what ought to be ought to be4 ,but it is recognised1 in theory at least1 that morality1 either alone or in connection with religion1 possesses a higher value than anything else2 that rightness and goodness are preferable to all other kinds of mental superiority1 as well as of physical excellence4 ,if this theory is not more commonly acted upon1 that is due to its being1 in most people1 much less the outcome of their own feelings than of instruction from the outside4 ,it is ultimately traceable to some great teacher whose own mind was ruled by the ideal of moral perfection1 and whose #ag words became sacred on account of his supreme wisdom1 like ,confucius or ,buddha1#bb or on religious grounds1 like ,jesus4 ,the authority of the moral law is thus only an expression of a strongly developed1 overruling moral consciousness4 ,it can hardly1 as ,mr4 ,sidgwick maintains1 be said to depend upon the conception of the objectivity of duty4#bc ,on the contrary1 it must be regarded as a cause of this conception--not only1 as has already been pointed out1 where it is traceable to some external authority1 but where it results from the strength of the individual's own moral emotions4 ,as clearness and distinctness of the conception of an object easily produces the belief in its truth1 so the intensity of a moral emotion makes him who feels it disposed to objectivise the moral estimate to which it gives rise1 in other words1 to assign to it universal validity4 ,the enthusiast is more likely than anybody else to regard his judgments as true1 and so is the moral enthusiast with reference to his moral judgments4 ,the intensity of his emotions makes him the victim of an illusion4 ,footnote #bb3 ,besides the ideal king1 the personification of ,power and ,justice1 another ideal has played an important part in the formation of early ,buddhist ideas regarding their ,master4 4 4 4 ,it was the ideal of a perfectly ,wise ,man1 the personification of ,wisdom1 the ,buddha 7,rhys ,davids1 ,hibbert ,lectures on ,some ,points in the ,history of ,buddhism1 p4 #ada74 ,footnote #bc3 ,sidgwick1 op4 cit4 p4 #ajd4 ,the presumed objectivity of moral judgments thus being a chimera1 there can be no moral truth in the sense in which this term is generally understood4 ,the ultimate reason for this is1 that the moral concepts are based upon emotions1 and that the contents of an emotion fall entirely outside the category of truth4 ,but it may be true or not that we have a certain emotion1 it may be true or not that a given mode of conduct has a tendency to evoke in us moral indignation or moral approval4 ,hence a moral judgment is true or false according as its subject has or has not that tendency which the predicate attributes to it4 ,if ,i say that it is wrong to resist evil1 and yet resistance to evil has no tendency whatever to call #ah forth in me an emotion of moral disapproval1 then my judgment is false4 ,if there are no general moral truths1 the object of scientific ethics cannot be to fix rules for human conduct1 the aim of all science being the discovery of some truth4 ,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 else4#bd ,but the real reason for their being inaccessible to demonstration is that1 owing to their very nature1 they can never be true4 ,if the word ,ethics1 then1 is to be used as the name for a science1 the object of that science can only be to study the moral consciousness as a fact4#be ,footnote #bd3 ,bentham1 ,principles of ,morals and ,legislation1 p4 #d4 ,cf4 ,hffding1 ,etik1 p4 #dc4 ,footnote #be3 ,cf4 ,simmel1 ,einleitung in die ,moralwissenschaft1 i4 p4 iii4 sq42 ,westermarck1 ',normative und psychologische ,ethik1' in ,dritter ,internationaler ,congress fr ,psychologie in ,mnchen1 p4 #dbh sq4 ,ethical subjectivism is commonly held to be a dangerous doctrine1 destructive to morality1 opening the door to all sorts of libertinism4 ,if that which appears to each man as right or good1 stands for that which is right or good2 if he is allowed to make his own law1 or to make no law at all2 then1 it is said1 everybody has the natural right to follow his caprice and inclinations1 and to hinder him from doing so is an infringement on his rights1 a constraint with which no one is bound to comply provided that he has the power to evade it4 ,this inference was long ago drawn from the teaching of the ,sophists1#bf 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 wrong4 ,footnote #bf3 ,zeller1 ,history of ,greek ,philosophy1 ii4 #dge4 ,to this argument may1 first1 be objected that a scientific theory is not invalidated by the mere fact that it is likely to cause mischief4 ,the unfortunate circumstance that there do exist dangerous things in the world1 proves that something may be dangerous and yet true4 ,another question is whether any scientific truth really is mischievous #ai on the whole1 although it may cause much discomfort to certain people4 ,i venture to believe that this1 at any rate1 is not the case with that form of ethical subjectivism which ,i am here advocating4 ,the charge brought against the ,sophists does not at all apply to it4 ,i do not even subscribe to that beautiful modern sophism which admits every man's conscience to be an infallible guide4 ,if we had to recognise1 or rather if we did recognise1 as right everything which is held to be right by anybody1 savage or ,christian1 criminal or saint1 morality would really suffer a serious loss4 ,but we do not1 and we cannot1 do so4 ,my moral judgments are my own judgments2 they spring from my own moral consciousness2 they judge of the conduct of other men not from their point of view but from mine1 not with primary reference to their opinions about right and wrong1 but with reference to my own4 ,most of us indeed admit that1 when judging of an act1 we also ought to take into consideration the moral conviction of the agent1 and the agreement or disagreement between his doing and his idea of what he ought to do4 ,but although we hold it to be wrong of a person to act against his conscience1 we may at the same time blame him for having such a conscience as he has4 ,ethical subjectivism covers all such cases4 ,it certainly does not allow everybody to follow his own inclinations2 nor does it lend sanction to arbitrariness and caprice4 ,our moral consciousness belongs to our mental constitution1 which we cannot change as we please4 ,we approve and we disapprove because we cannot do otherwise4 ,can we help feeling pain when the fire burns us8 ,can we help sympathising with our friends8 ,are these phenomena less necessary or less powerful in their consequences1 because they fall within the subjective sphere of experience8 ,so1 too1 why should the moral law command less obedience because it forms part of our own nature8 ,far from being a danger1 ethical subjectivism seems to me more likely to be an acquisition for moral practice4 #bj ,could it be brought home to people that there is no absolute standard in morality1 they would perhaps be somewhat more tolerant in their judgments1 and more apt to listen to the voice of reason4 ,if the right has an objective existence1 the moral consciousness has certainly been playing at blindman's buff ever since it was born1 and will continue to do so until the extinction of the human race4 ,but who does admit this8 ,the popular mind is always inclined to believe that it possesses the knowledge of what is right and wrong1 and to regard public opinion as the reliable guide of conduct4 ,we have1 indeed1 no reason to regret that there are men who rebel against the established rules of morality2 it is more deplorable that the rebels are so few1 and that1 consequently1 the old rules change so slowly4 ,far above the vulgar idea that the right is a settled something to which everybody has to adjust his opinions1 rises the conviction that it has its existence in each individual mind1 capable of any expansion1 proclaiming its own right to exist1 and1 if need be1 venturing to make a stand against the whole world4 ,such a conviction makes for progress4 ,,chapter ,,ii ,,the ,,nature ,,of ,,the ,,moral ,,emotions ,,in the preceding chapter it was asserted1 in general terms1 that the moral concepts are based on emotions1 and the leading arguments to the contrary were met4 ,we shall now proceed to examine the nature of the moral emotions4 ,these emotions are of two kinds3 disapproval1 or indignation1 and approval4 ,they have in common characteristics which make them moral emotions1 in distinction from others of a non-moral character1 but at the same time both of them belong to a wider class of emotions1 which ,i call retributive emotions4 ,again1 they differ from each other in points which make each of them allied to certain non-moral retributive emotions1 disapproval to anger and revenge1 and approval to that kind of retributive kindly emotion which in its most developed form is gratitude4 ,they may thus1 on the one hand1 be regarded as two distinct divisions of the moral emotions1 whilst1 on the other hand1 disapproval1 like anger and revenge1 forms a sub-species of resentment1 and approval1 like gratitude1 forms a sub-species of retributive kindly emotion4 ,the following diagram will help to elucidate the matter3-- ,retributive ,emotions4 ---------------------------------------- ,resentment4 ,retributive ,kindly ,emotion4 ----------------- --------------------------- ,anger and ,moral ,moral ,non-moral retributive ,revenge4 disapproval4 approval ,kindly ,emotion1 including ,gratitude4 --------------- ,moral ,emotions4 #bb ,that moral disapproval is a kind of resentment and akin to anger and revenge1 and that moral approval is a kind of retributive kindly emotion and akin to gratitude1 are1 of course1 statements which call for proof4 ,an analysis of all these emotions1 and a detailed study of the causes which evoke them1 will1 ,i hope1 bear out the correctness of my classification4 ,in this connection only the analysis can be attempted4 ,the study of causes will be involved in the treatment of the subjects of moral judgments4 ,resentment may be described as an aggressive attitude of mind towards a cause of pain4 ,anger is sudden resentment1 in which the hostile reaction against the cause of pain is unrestrained by deliberation4 ,revenge1 on the other hand1 is a more deliberate form of non-moral resentment1 in which the hostile reaction is more or less restrained by reason and calculation4#a ,it is impossible1 however1 to draw any distinct limit between these two types of resentment1 as also to discern where an actual desire to inflict pain comes in4 ,in its primitive form1 anger1 even when directed against a living being1 contains a vehement impulse to remove the cause of pain without any real desire to produce suffering4#b ,anger is strikingly shown by many fish1 and notoriously by sticklebacks when their territory is invaded by other sticklebacks4 ,in such circumstances of provocation the whole animal changes colour1 and1 darting at the trespasser1 shows rage and fury in every movement2#c but we can hardly believe that any idea of inflicting pain is present to its mind4 ,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 action4 ,footnote #a3 ,cf4 ,ribot1 ,psychology of the ,emotions1 p4 #bbj sqq4 ,footnote #b3 ,there are some good remarks on this in ,mr4 ,hiram ,stanley's ,studies in the ,evolutionary ,psychology of ,feeling1 p4 #ach sq4 ,footnote #c3 ,romanes1 ,animal ,intelligence1 p4 #bdf sqq4 ,that the fury of an injured animal turns against the real or assumed cause of its injury is a matter of notoriety1 and everybody knows that the same is the case with the #bc anger of a child4 ,no doubt1 as ,professor ,sully observes1 hitting out right and left1 throwing things down on the floor and breaking them1 howling1 wild agitated movements of the arms and whole body1 these are the outward vents which the gust of childish fury is apt to take4#d ,but1 on the other hand1 we know well enough that ,darwin's little boy1 who became a great adept at throwing books and sticks at any one who offended him1#e was in this respect no exceptional child4 ,towards the age of one year1 according to ,m4 ,perez1 children will beat people1 animals1 and inanimate objects if they are angry with them2 they will throw their toys1 their food1 their plate1 anything1 in short1 that is at hand1 at the people who have displeased them4#f ,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 disputed1 and because there are some seeming anomalies which require an explanation4 ,footnote #d3 ,sully1 ,studies in ,childhood1 p4 #bcb sq4 ,footnote #e3 ,darwin1 ',biographical ,sketch of an ,infant1' in ,mind1 ii4 #bhh4 ,footnote #f3 ,perez1 first ,three ,years of ,childhood1 p4 #ff sq4 ,in a comprehensive work1#g ,dr4 ,steinmetz has made the feeling of revenge the object of a detailed investigation1 which cannot be left unnoticed4 ,the ultimate conclusions at which he has arrived are these3 ,revenge is essentially rooted in the feeling of power and superiority4 ,it arises consequently upon the experience of injury1 and its aim is to enhance the self-feeling which has been lowered or degraded by the injury suffered4 ,it answers this purpose best if it is directed against the aggressor himself1 but it is not essential to it that it should take any determinate direction1 for1 per se1 and originally1 it is undirected4#h ,footnote #g3 ,ethnologische ,studien zur ersten ,entwicklung der ,strafe4 ,footnote #h3 ,strictly speaking1 this theory is not new4 ,dr4 ,paul ,re1 in his book ,die ,entstehung des ,gewissens1 has pronounced revenge to be a reaction against the feeling of inferiority which the aggressor impresses upon his victim4 ,the injured man1 he says 7ibid4 p4 #dj7 is naturally reluctant to feel himself inferior to another man1 and consequently strives1 by avenging the aggression1 to show himself equal or even superior to the aggressor4 ,a similar view was previously expressed by ,schopenhauer 7,parerga und ,paralipomena1 ii4 #dge sq474 ,but ,dr4 ,steinmetz has elaborated his theory with an independence and fulness which make any question of priority quite insignificant4 #bd ,we are told1 in fact1 that the first stage through which revenge passed within the human race was characterised by a total1 or almost total1 want of discrimination4 ,the aim of the offended man was merely to raise his injured self-feeling by inflicting pain upon somebody else1 and his savage desire was satisfied whether the man on whom he wreaked his wrath was guilty or innocent4#i ,no doubt1 there were from the outset instances in which the offender himself was purposely made the victim1 especially if he was a fellow-tribesman2 but it was not really due to the feeling of revenge if the suffering was inflicted upon him1 in preference to others4 ,even primitive man must have found out that vengeance directed against the actual culprit1 besides being a strong deterrent to others1 was a capital means of making a dangerous person harmless4 ,however1 ,dr4 ,steinmetz adds1 these advantages should not be overestimated1 as even indiscriminate revenge has a deterring influence on the malefactor4#aj ,in early times1 then1 vengeance1 according to ,dr4 ,steinmetz1 was in the main undirected4 ,footnote #i3 ,steinmetz1 op4 cit4 i4 #cee1 #cef1 #cei1 #efa4 ,footnote #aj3 ,ibid4 i4 #cfb4 ,at the next stage it becomes1 he says1 somewhat less indiscriminate4 ,a proper victim is sought for even in cases of what we should call natural death1 which the savage generally attributes to the ill-will of some foe skilled in sorcery2#aa though indeed ,dr4 ,steinmetz doubts whether in such cases the unfortunate sufferer is really supposed to have committed the deed imputed to him4#ab ,at all events1 a need is felt of choosing somebody for a victim1 and undirected vengeance gradually gives way to directed vengeance4 ,a rude specimen of this is the blood-feud1 in which the individual culprit is left out of consideration1 but war is carried on against the group of which he is a member1 either his family or his tribe4 ,and #be from this system of joint responsibility we finally come1 by slow degrees1 says ,dr4 ,steinmetz1 to the modern conception1 according to which punishment should be inflicted upon the criminal and nobody else4#ac ,dr4 ,steinmetz believes that the vis agens in this long process of evolution lies in the intellectual development of the human race3 man found out more and more distinctly that the best means of restraining wrongs was to punish a certain person1 namely1 the wrong-doer4#ad ,on this utilitarian calculation our author lays much stress in the latter part of his investigation2 whereas in another place he observes that a revenge which is directed against the offender is particularly apt to remove the feeling of inferiority1 by effectually humiliating the hitherto triumphant foe4#ae ,footnote #aa3 ,ibid4 i4 #cef sq4 ,footnote #ab3 ,ibid4 i4 #cei sq4 ,footnote #ac3 ,steinmetz1 op4 cit4 i4 #cfa4 ,footnote #ad3 ,ibid4 i4 #ceh1 #cei1 #cfa sq4 ,footnote #ae3 ,ibid4 i4 #aaa4 ,in this historical account the main points of interest are the initial stage of undirected vengeance1 and the way in which such vengeance gradually became discriminate4 ,if1 in primitive times1 a man did not care in the least on whom he retaliated an injury1 then of course the direction of his vengeance could not be essential to the revenge itself1 but would be merely a later appendix to it4 ,the question is1 what evidence can ,dr4 ,steinmetz adduce to support his theory8 ,of primitive man we have no direct experience2 no savage people now existing is a faithful representative of him1 either physically or mentally4 ,yet however greatly the human race has changed1 primitive man is not altogether dead4 ,traits of his character still linger in his descendants2 and of primitive revenge1 we are told1 there are sufficient survivals left4#af ,footnote #af3 ,ibid4 i4 #cfd4 ,under the heading ,perfectly ,undirected ,revenge1 ,dr4 ,steinmetz sets out several alleged cases of such so-called survivals#ag #a4 ,an ,indian of the ,omaha tribe1 who was kicked out of a trading establishment which he had been forbidden to enter1 declared in a rage that he would revenge himself for an injury so gross1 and1 seeking some object to destroy1 he encountered a #bf sow and pigs1 and appeased his rage by putting them all to death4 #b4 ,the people of that same tribe believe that if a man who has been struck by lightning is not buried in the proper way1 and in the place where he has been killed1 his spirit will not rest in peace1 but will walk about till another person is slain by lightning and laid beside him4 #c4 ,at the burial of a ,loucheux ,indian1 the relatives sometimes will cut and lacerate their bodies1 or1 as sometimes happens1 will1 in a fit of revenge against fate1 stab some poor1 friendless person who may be sojourning among them4 #d4 ,the ,navahoes1 when jealous of their wives1 are apt to wreak their spleen and ill-will upon the first person whom they chance to meet4 #e4 ,the ,great ,eskimo1 as it is reported1 once after a severe epidemic swore to kill all white people who might venture into their country4 #f4 ,the ,australian father1 whose little child happens to hurt itself1 attacks his innocent neighbours1 believing that he thus distributes the pain among them and consequently lessens the suffering of the child4 #g4 ,the ,brazilian ,tupis ate the vermin which molested them1 for the sake of revenge2 and if one of them struck his foot against a stone1 he raged over it and bit it1 whilst1 if he were wounded with an arrow1 he plucked it out and gnawed the shaft4 #h4 ,the ,dacotahs avenge theft by stealing the property of the thief or of somebody else4 #i4 ,among the ,tshatrali 7,pamir71 if a man is robbed of his meat by a neighbour's dog1 he will1 in a fit of rage1 not only kill the offending dog1 but will1 in addition1 kick his own4 #aj4 ,in ,new ,guinea the bearers of evil tidings sometimes get knocked on the head during the first outburst of indignation evoked by their news4 #aa4 ,some natives of ,motu1 who had rescued two shipwrecked crews and safely brought them to their home in ,port ,moresby1 were attacked there by the very friends of those they had saved1 the reason for this being that the ,port ,moresby people were angry at the loss of the canoes1 and could not bear that the ,motuans were happy while they themselves were in trouble4 #ab4 ,another story from ,new ,guinea tells us of a man who killed some innocent persons1 because he had been disappointed in his plans and deprived of valuable property4 #ac4 ,among the ,maoris it sometimes happened that the friends of a murdered man killed the first man who came in their way1 whether enemy or friend4 #ad4 ,among the same people1 chiefs who had suffered some loss often used to rob their subjects of property in order to make good the damage4 #ae4 ,if the son of a ,maori is hurt1 his maternal relatives1 to whose tribe he is considered to belong1 come to pillage his father's house or village4 #af4 ,if #bg a tree falls on a ,kuki his fellows chop it up1 and if one of that tribe kills himself by falling from a tree the tree from which he fell is promptly cut down4 #ag4 ,in some parts of ,daghestan1 when the cause of a death is unknown1 the relatives of the deceased declare some person chosen at random to have murdered him1 and retaliate his death upon that person4 ,footnote #ag3 ,ibid4 i4 #cah sqq4 ,i have been obliged to enumerate all these cases for the reason that a theory cannot be satisfactorily refuted unless on its own ground4 ,i may confess at once that ,i scarcely ever saw an hypothesis vindicated by the aid of more futile evidence4 ,the cases #g and #af illustrate just the reverse of undirected revenge1 and1 when we take into consideration the animistic beliefs of savages1 present little to astonish us4 ,in case #ag the guilt is certainly imputed to somebody at random1 but only when the culprit is unknown4 ,cases #a1 #d1 #aj and #ab and perhaps also #aa1 imply that revenge is taken upon an innocent party in a fit of passion2 in cases #a and #ab the offender himself cannot be got at1 in case #aj the man who is knocked on the head appears for the moment as the immediate cause of the grief or indignation evoked1 while case #aa exhibits envy combined with extreme ingratitude4 ,in case #i the anger is chiefly directed against the guilty dog1 and against the innocent one evidently by an association of ideas4 ,cases #h and #ad illustrate indemnification for loss of property1 and in case #h the thief himself is specifically mentioned first4 ,in case #ae the revenging attack is made upon the property of those people among whom the child lives1 and who may be considered responsible for the loss its maternal clan sustains by the injury4 ,case #f merely shows the attempt of a superstitious father to lessen the suffering of his child4 ,as regards case #e1 ,petitot1 who has recorded it1 says expressly that the white people were supposed to have caused the epidemic by displeasing the god ,tornrark4#ah ,case #b points to a superstitious belief which is interesting enough in itself1 but which1 so far as ,i can see1 is without any bearing whatever on the point we are discussing4 ,case #c looks like a death-offering4 ,the stabbing of an innocent person is mentioned in connection with1 or rather as an alternative to1 the self-laceration of the mourners1 which last has probably a sacrificial character4 ,moreover1 there is in this case no question of a culprit4 ,in case #ac1 finally1 the idea of sacrifice is very conspicuous4 ,dr4 ,steinmetz has borrowed his statement from ,waitz1 whose account is incomplete4 ,dieffenbach1 the original authority1 says that the custom in question was called by the ,maori taua tapu1 i4e41 sacred fight1 #bh or taua toto1 i4e41 fight for blood4 ,he describes it as follows3--,if blood has been shed1 a party sally forth and kill the first person they fall in with1 whether an enemy or belonging to their own tribe2 even a brother is sacrificed4 ,if they do not fall in with anybody1 the tohunga 7that is1 the priest7 pulls up some grass1 throws it into a river1 and repeats some incantation4 ,after this ceremony1 the killing of a bird1 or any living thing that comes in their way1 is regarded as sufficient1 provided that blood is actually shed4 ,all who participate in such an excursion are tapu1 and are not allowed either to smoke or to eat anything but indigenous food4#ai ,it seems probable that this ceremony was undertaken in order to appease the enraged spirit of the dead1#bj and at the same time it may have been intended to refresh the spirit with blood4#ba ,the question1 however1 is1 ,why was not his death avenged upon the actual culprit8 ,to this ,dr4 ,steinmetz would answer that the deceased was thought to be indiscriminate in his craving for vengeance4#bb ,but so far as the resentment of the dead is concerned1 the sacred fight of the ,maoris only seems to illustrate the impulsive character of anger4 ,from ,dieffenbach's description of it1 it is obvious that the friends of the slain man considered it to be a matter of paramount importance that blood should be shed immediately4 ,if no human being came in their way1 an animal was killed1 but then an incantation was uttered beforehand4 ,i presume that the reason for this was the terror which the supposed wrath of the dead man's spirit struck into the living1 combined perhaps with the idea that it was in immediate need of fresh blood4 ,the ,maoris considered all spirits of the dead to be maliciously inclined towards them1#bc and the ghost of a person who had died a violent death was certainly looked upon as especially dangerous4 ,the craving for instantaneous shedding of blood is even more conspicuous in another case which may be appropriately mentioned in this connection4 ,the ,aetas of the ,philippine ,islands1 we are told1 do not always #bi wait for the death of the afflicted before they bury him4 ,immediately after the body has been deposited in the grave1 it becomes necessary1 according to their usages1 that his death should be avenged4 ,the hunters of the tribe go out with their lances and arrows to kill the first living creature they meet with1 whether a man1 a stag1 a wild hog1 or a buffalo4#bd ,dr4 ,steinmetz himself quotes some other instances from the same group of islands1 in which1 when a man dies1 his nearest kinsmen go out to requite his death by the death of the first man who comes in their way4#be ,it is worth noticing that the ,philippine ,islanders have the very worst opinion of their ghosts1 and believe that these are particularly bloodthirsty soon after death4#bf ,footnote #ah3 ,petitot1 ,les ,grands ,esqimaux1 p4 #bjg sq4 ,footnote #ai3 ,dieffenbach1 ,travels in ,new ,zealand1 ii4 #abg4 ,footnote #bj3 ,cf4 ibid4 ii4 #abi4 ,footnote #ba3 ,the latter object is suggested by some funeral ceremonies which will be noticed in a following chapter4 ,among the ,dyaks1 a father who lost his child would go out and kill the first man he met1 as a funeral ceremony1 believing that he thus provided the deceased with a slave to accompany him to the habitation of souls 7,tylor1 ,primitive ,culture1 i4 #dei74 ,among the ,garos1 it was formerly the practice1 whenever the death of a great man amongst them occurred1 to send out a party of assassins to murder and bring back the head of the first ,bengali they met4 ,the victims so immolated would1 it was supposed1 be acceptable to their gods 7,dalton1 ,descriptive ,ethnology of ,bengal1 p4 #fh74 ,footnote #bb3 ,cf4 ,steinmetz1 op4 cit4 i4 #cdc4 ,footnote #bc3 ,taylor1 ,te ,ika a ,maui1 p4 #bba4 ,footnote #bd3 ,earl1 ,papuans1 p4 #acb4 ,footnote #be3 ,steinmetz1 op4 cit4 i4 #cce sq4 ,footnote #bf3 ,blumentritt1 ',der ,ahnencultus der ,malaien des ,philippinen-,archipels' in ,mittheilungen der ,geogr4 ,gesellsch4 in ,wien1 xxv4 #aff sqq4 ,de ,mas1 ,informe sobre el estado de las ,islas filipinas en #ahdb1 ,orijen1 c4 p4 #ae4 ,dr4 ,steinmetz also refers to some statements according to which1 among certain ,australian tribes1 the relatives of a person who dies avenge his death by killing an innocent man4#bg ,but in these cases the avenged death1 though natural according to our terminology1 is1 in the belief of the savages1 caused by sorcery1 and the revenge is not so indiscriminate as ,dr4 ,steinmetz seems to assume4 ,among the ,wellington tribe1 as appears from a statement which he quotes himself1 it is the sorcerer's life that must be taken for satisfaction4#bh ,in ,new ,south ,wales1 after the dead man has been interrogated as to the cause of his death1 his kinsmen are resolute in taking vengeance1 if they imagine that they have got sure indications of the perpetrator of the wrong4#bi ,among the ,central ,australian natives1 not infrequently the dying man will whisper in the ear of a ,railtchawa1 or medicine man1 the name of the man whose magic is killing him1 and if this be not done1 there is no difficulty1 by some other method1 of fixing sooner or later on the guilty party2 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 not4#cj ,among the aborigines of ,west ,australia1 the survivors are pretty busy in seeking out the sorcerer who is supposed to have caused the death of their friend4#ca ,footnote #bg3 ,steinmetz1 op4 cit4 i4 #ccg sq4 ,footnote #bh3 ,hale1 ,u4,s4 ,exploring ,expedition ,vol4 ,,vi4--,ethnography and ,philology1 p4 #aae2 quoted by ,steinmetz1 op4 cit4 i4 #ccg4 ,footnote #bi3 ,fraser1 ,aborigines of ,new ,south ,wales1 p4 #hf4 ,footnote #cj3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #dgf sq4 ,footnote #ca3 ,calvert1 ,aborigines of ,western ,australia1 p4 #bj sq4 #cj ,to sum up3 all the facts which ,dr4 ,steinmetz has adduced as evidence for his hypothesis of an original stage of undirected revenge only show that1 under certain circumstances1 either in a fit of passion1 or when the actual offender is unknown or out of reach1 revenge may be taken on an innocent being1 wholly unconnected with the inflicter of the injury which it is sought to revenge4 ,there is such an intimate connection between the experience of injury and the hostile reaction by which the injured individual gives vent to his passion1 that the reaction does not fail to appear even when it misses its aim4 ,anger1 as ,seneca said1 does not rage merely against its object1 but against every obstacle which it encounters on its way4#cb ,many infants1 when angry and powerless to hurt others1 strike their heads against doors1 posts1 walls of houses1 and sometimes on the floor4#cc ,well known are the amucks of the ,malays1 in which the desperado assails indiscriminately friend and foe1 and1 with dishevelled hair and frantic look1 murders or wounds all whom he meets without distinction4#cd ,but all this is not revenge2 it is sudden anger or blind rage4 ,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 him4 ,it is only the outburst of a wounded self-feeling1 which1 when not directed against its proper object1 can afford no adequate consolation to a revengeful man4 ,footnote #cb3 ,seneca1 ,de ira1 iii4 #a4 ,footnote #cc3 ,stanley ,hall1 ',a ,study of ,anger1' in ,american ,jour4 of ,psychology1 x4 #eed4 ,footnote #cd3 ,crawfurd1 ,history of the ,indian ,archipelago1 i4 #fg4 ,cf4 ,ellis1 ',the ,amok of the ,malays1' in ,jour4 of ,mental ,science1 xxxix4 #cbe sqq4 ,in the ,andaman ,islands1 it is not uncommon for a man to vent his ill-temper1 or show his resentment at any act1 by destroying his own property as well as that of his neighbours 7,man1 ',aboriginal ,inhabitants of the ,andaman ,islands1' in ,jour4 ,anthr4 ,inst4 xii4 #aaa74 ,among the ,kar ,nicobarese1 when a quarrel takes place1 in serious cases1 a man will probably burn his own house down 7,kloss1 ,in the ,andamans and ,nicobars1 p4 #caj74 ,but in these instances it is not certain whether the offended party destroys his own property in blind rage1 or with some definite object in view4 ,in the institution of the blood-feud some sort of collective responsibility is usually involved4#ce ,if the #ca offender is of another family than his victim1 some of his relatives may have to expiate his deed4#cf ,if he belongs to another clan1 the whole clan may be held responsible for it4#cg ,and if he is a member of another tribe1 the vengeance may be wreaked upon his fellow-tribesmen indiscriminately4#ch ,footnote #ce3 ,cf4 ,post1 ,anfnge des ,staats- und ,rechtsleben1 p4 #ahj2 ,re1 op4 cit4 p4 #di sq42 ,steinmetz1 op4 cit4 i4 ch4 vi4 ,footnote #cf3 ,besides the authorities quoted infra1 see ,leuschner1 in ,steinmetz1 ,rechtsverhltnisse von eingeborenen ,vlkern in ,afrika und ,ozeanien1 7,bakwiri72 ibid4 p4 #di 7,banaka and ,bapuku72 ,rautanen1 ibid4 p4 #cda 7,ondonga72 ,walter1 ibid4 p4 #cij 7natives of ,nossi-,b and ,mayotte1 near ,madagascar72 von ,langsdorf1 ,voyages and ,travels1 i4 #acb 7,nukahivans72 ,forbes1 ,a ,naturalist's ,wanderings in the ,eastern ,archipelago1 p4 #dgc 7,timorese72 ,foreman1 ,philippine ,islands1 p4 #bac 7,igorrotes of ,luzon72 ,kovalewsky1 in ,jour4 ,anthr4 ,inst4 xxv4 #aac 7people of ,daghestan72 ,idem1 ,coutume contemporaine et loi ancienne1 p4 #bdh sq4 7,ossetes72 ,merzbacher1 ,aus den ,hochregionen des ,kaukasus1 ii4 #ea 7,khevsurs74 ,footnote #cg3 ,bridges1 in ,a ,voice for ,south ,america1 xiii4 #bjg 7,fuegians74 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #cfi4 ,ridley1 in ,jour4 ,anthr4 ,inst4 ii4 #bfh 7,kamilaroi in ,australia74 ,godwin-,austen1 ibid4 ii4 #cid 7,garo ,hill tribes74 ,footnote #ch3 von ,martins1 ,beitrge zur ,ethnographie ,amerika's1 i4 #abg sqq4 7,brazilian ,indians74 ,crawfurd1 op4 cit4 iii4 #abd 7natives of ,celebes74 ,kohler1 in ,zeitschr4 f4 vgl4 ,rechtswiss4 vii4 #chc 7,goajiros of ,columbia74 ,ibid4 vii4 #cgf 7,papuans of ,new ,guinea74 ,curr1 ,the ,australian ,race1 i4 #gj4 ,scaramucci and ,giglioli1 ',notizie sui ,danakil1' in ,archivio per l'antropologia e la etnologia1 xiv4 #ci4 ,leuschner1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #bc 7,bakwiri74 ,ibid4 p4 #di 7,banaka and ,bapuku74 ,among the ,fuegians1 says ,mr4 ,bridges1 etiquette and custom require that all the relatives of a murdered person should 4 4 4 visit their displeasure upon every connection of the manslayers1 each personally4 ,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 manslayer1 or kill him themselves1 but would yet exact from all the murderer's friends tribute or infliction of injuries with sticks or stones4#ci ,among the ,indians of ,british ,columbia and ,vancouver ,island1 grudges are handed down from father to son for generations1 and friendly relations are never free from the risk of being interrupted4#dj ,among the ,greenlanders1 the revenge for a murder generally costs the executioner himself1 his children1 cousins1 or other relatives their lives2 or if these are inaccessible1 some other acquaintance in the neighbourhood4#da ,among the ,maoris1 blood-revenge might be taken on any relative of the homicide1 no matter how distant4#db ,in ,tana1 #cb revenge is often sought in the death of the brother1 or some other near relative of the culprit4#dc ,among the ,kabyles1 la vengeance peut porter sur chacun des membres de la famille du meurtrier1 quel qu'il soit4#dd ,the ,bedouins1 according to ,burckhardt1 claim the blood not only from the actual homicide1 but from all his relations2 and it is these claims that constitute the right of thr1 or the blood-revenge4#de ,among the people of ,ibrim1 in ,nubia1 on the other hand1 the same traveller observes1 it is not considered as sufficient to retaliate upon any person within the fifth degree of consanguinity1 as among the ,bedouins of ,arabia2 only the brother1 son1 or first cousin can supply the place of the murderer4#df ,traces of collective responsibility in connection with blood-revenge are found among the ,hebrews4#dg ,it has prevailed1 or still prevails1 among the ,japanese#dh and ,coreans1#di the ,persians#ej and ,hindus1#ea the ancient ,greeks#eb and ,teutons4#ec ,it was a rule among the ,welsh#ed and the ,scotch in former days1#ee and is so still in ,corsica1#ef ,albania1#eg and among some of the ,southern ,slavs4#eh ,in ,montenegro1 if a homicide who cannot be caught himself has no relatives1 revenge is sometimes taken on some inhabitant of the village or district to which he belongs1 or even on a person who only is of the same religion and nationality as the murderer4#ei ,in ,albania1 under similar circumstances1 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 him4#fj ,footnote #ci3 ,bridges1 in ,south ,american ,missionary ,magazine1 xiii4 #aea sqq4 ,footnote #dj3 ,macfie1 ,vancouver ,island and ,british ,columbia1 p4 #dgj4 ,footnote #da3 ,cranz1 ,history of ,greenland1 i4 #agh4 ,footnote #db3 ,shortland1 ,traditions and ,superstitions of the ,new ,zealanders1 p4 #bac sq4 ,cf4 ibid4 p4 #bah sq4 ,footnote #dc3 ,turner1 ,samoa1 p4 #cag4 ,footnote #dd3 ,hanoteau and ,letourneux1 ,la ,kabylie1 iii4 #fa4 ,footnote #de3 ,burckhardt1 ,notes on the ,bedouins and ,wahbys1 p4 #he4 ,see1 also1 ,layard1 ,discoveries in the ,ruins of ,nineveh and ,babylon1 p4 #cjf2 ,lane1 ,manners and ,customs of the ,modern ,egyptians1 i4 #acc4 ,footnote #df3 ,burckhardt1 ,travels in ,nubia1 p4 #abh4 ,footnote #dg3 #b ,samuel1 xiv4 #g4 ,cf4 ibid4 xxi4 ,footnote #dh3 ,dautremer1 ',the ,vendetta or ,legal ,revenge in ,japan1' in ,trans4 ,asiatic ,soc4 ,japan1 xiii4 #hd4 ,footnote #di3 ,griffis1 ,corea1 p4 #bbg4 ,footnote #ej3 ,spiegel1 ,ernische ,alterthumskunde1 iii4 #fhg4 ,polak1 ,persien1 ii4 #if4 ,footnote #ea3 ,dubois1 ,description of the ,character1 ,manners1 and ,customs of the ,people of ,india1 p4 #aie4 ,footnote #eb3 ,leist1 ,alt-arisches ,jus ,gentium1 p4 #dbd4 ,footnote #ec3 ,gotlands-,lagen1 #ac4 ,footnote #ed3 ,walter1 ,das alte ,wales1 p4 #ach4 ,footnote #ee3 ,mackintosh1 ,history of ,civilisation in ,scotland1 ii4 #bgi4 ,footnote #ef3 ,gregorovius1 ,wanderings in ,corsica1 i4 #agi4 ,footnote #eg3 ,gopvcevi'c1 9999,oberalbanien und seine ,liga1 p4 #cbd sqq4 ,footnote #eh3 ,miklosich1 ',die ,blutrache bei den ,slaven1' in ,denkschriften der kaiserl4 ,akademie d4 ,wissensch4 ,philos4-histor4 ,classe1 ,vienna1 xxxvi4 #aca1 #adf sq4 ,krauss1 ,sitte und ,brauch der ,sdslaven1 p4 #ci4 ,footnote #ei3 ,lago1 ,memorie sulla ,dalmazia1 ii4 #ij4 ,footnote #fj3 ,gopvcevi'c1 op4 cit4 p4 #cbe4 ,there is no difficulty in explaining these facts4 ,the following statement made by ,mr4 ,romilly with reference #cc to the ,solomon ,islanders has1 undoubtedly1 a much wider application3--,in the cases which call for punishment1 the difficulties in the way of capturing the actual culprits are greater than any one1 who has not been engaged in this disagreeable work1 can imagine4#fa ,though it may happen that a manslayer is abandoned by his own people1#fb the system of blood-revenge more often seems to imply1 not only that all the members of a group are engaged1 more or less effectually1 in the act of revenge1 but that they mutually protect each other against the avengers4 ,a homicide frequently provokes a war1#fc in which family stands against family1 clan against clan1 or tribe against tribe4 ,in such cases the whole group take upon themselves the deed of the perpetrator1 and any of his fellows1 because standing up for him1 becomes a proper object of revenge4 ,the guilt extends itself1 as it were1 in the eyes of the offended party4 ,so1 also1 any person who lives on friendly terms with the offender1 or is supposed to sympathise with him1 is liable to arouse a feeling of resentment1 and may consequently1 in extreme cases1 have to expiate his crime4 ,moreover1 because of the close relationship which exists between the members of the same group1 the actual culprit will be mortified by any successful attack that the avengers make on his people1 and1 if he be dead1 its painful and humiliating effects may still be supposed to reach his spirit4 ,when the offender himself is beyond the reach of direct attack1 says ,mr4 ,wilkins1 it is not beneath a ,bengali's view to try to wound him through his children or other members of his family4#fd ,among the ,south ,slavonians1 in a similar case1 the avengers of blood first attempt to kill the father1 brother1 #cd or grown-up son of the murderer1 so as to inflict upon him a very heavy and painful loss2 and only when this has been tried in vain1 are more distant relatives attacked4#fe ,the ,bedouins of the ,euphrates even prefer killing the chief man among the murderer's relations within the second degree to taking his own life1 on the principle1 ,you have killed my cousin1 ,i will kill yours4#ff ,and the ,californian ,nishinam consider that the keenest and most bitter revenge which a man can take is1 not to slay the murderer himself1 but his dearest friend4#fg ,in these instances vengeance is exacted with reference rather to the loss suffered by the survivors than to the injury committed against the murdered man1 the culprit being subjected to a deprivation similar to that which he has inflicted himself4 ,so1 also1 among the ,marea1 if a commoner is slain by a nobleman1 his death is not avenged directly on the slayer1 but on some commoner who is subservient to him4#fh ,if1 again1 among the ,quianganes of ,luzon1 a noble is killed by a plebeian1 another nobleman1 of the kin of the murderer1 must be killed1 while the murderer himself is ignored4#fi ,if1 among the ,igorrotes1 a man slays a woman of another house1 her nearest kinsman endeavours to slay a woman belonging to the household of the homicide1 but to the guilty man himself he does nothing4#gj ,in all these cases the culprit is not lost sight of2 vengeance is invariably wreaked upon somebody connected with him4 ,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 which1 when strained to the utmost1 cannot allow the life of a man to be sacrificed for that of a woman1 or the life of a nobleman to be #ce sacrificed for that of a commoner1 or the life of a commoner to expiate the death of a noble4 ,this rule1 as we shall see later on1 is not suggested by revenge itself1 but is due to the influence of other factors which intermingle with this feeling1 and help1 with it1 to determine the action4 ,footnote #fa3 ,romilly1 ,western ,pacific and ,new ,guinea1 p4 #ha4 ,cf4 ,friedrichs1 ',mensch und ,person1' in ,das ,ausland1 #ahia1 p4 #bii4 ,footnote #fb3 ,see1 e4g41 ,scott ,robertson1 ,the ,kfirs of the ,hindu-,kush1 p4 #ddj4 ,footnote #fc3 ,dr4 ,post's statement 7,die ,geschlechtsgenossenschaft der ,urzeit1 p4 #aef7 that the blood-revenge characterisirt sich 4 4 4 ganz und gar als ein ,privatkrieg zwischen zwei ,geschlechtsgenossenschaften1 however1 is not quite correct in this unqualified form1 as may be seen1 e4g41 from von ,martius's description of the blood-revenge of the ,brazilian ,indians1 op4 cit4 i4 #abg sqq4 ,footnote #fd3 ,wilkins1 ,modern ,hinduism1 p4 #daa4 ,footnote #fe3 ,krauss1 op4 cit4 p4 #ci4 ,footnote #ff3 ,blunt1 ,bedouin ,tribes of the ,euphrates1 ii4 #bjf sq4 ,footnote #fg3 ,powers1 ,tribes of ,california1 p4 #cbj4 ,footnote #fh3 ,munzinger1 ,ostafrikanische ,studien1 p4 #bdc4 ,footnote #fi3 ,blumentritt1 quoted by ,spencer1 ,principles of ,ethics1 i4 #cgj sq4 ,footnote #gj3 ,jagor1 ,travels in the ,philippines1 p4 #bac4 ,nevertheless1 the strong tendency to discrimination which characterises resentment1 is not wholly lost even behind the veil of common responsibility4 ,mr4 ,howitt has come to the conclusion that1 among the ,australian ,kurnai1 if a homicide has been committed by an alien tribe1 the feud cannot be satisfied but by the death of the offender1 although it is carried on1 not against him alone1 but against the whole group of which he is a member4#ga ,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 relatives4#gb ,concerning the ,west ,australian aborigines1 ,sir ,george ,grey observes1 ,the first great principle with regard to punishments is1 that all the relations of a culprit1 in the event of his not being found1 are implicated in his guilt2 if1 therefore1 the principal cannot be caught1 his brother or father will answer nearly as well1 and failing these1 any other male or female relative1 who may fall into the hands of the avenging party4#gc ,among the ,papuans of the ,tami ,islands1 revenge may be taken on some other member of the murderer's family only if it is absolutely impossible to catch the guilty person himself4#gd ,that the blood-revenge is in the first place directed against the malefactor1 and against some relative of his only if he cannot be found out1 is expressly stated with reference to various peoples in different parts of the world2#ge and it is #cf probable that much more to the same effect might have been discovered1 if the observers of savage life had paid more attention to this particular aspect of the matter4 ,among the ,fuegians1 the most serious riots take place when a manslayer1 whom some one wishes to punish1 takes refuge with his relations or friends4#gf ,von ,martius remarks of the ,brazilian ,indians in general that1 even when an intertribal war ensues from the committing of homicide1 the nearest relations of the killed person endeavour1 if possible1 to destroy the culprit himself and his family4#gg ,with reference to the ,creek ,indians1 ,mr4 ,hawkins says that though1 if a murderer flies and cannot be caught1 they will take revenge upon some innocent individual belonging to his family1 they are generally earnest of themselves1 in their endeavours to put the guilty to death4#gh ,the same is decidedly the case in those parts of ,morocco where the blood-feud still prevails4 ,footnote #ga3 ,fison and ,howitt1 ,kamilaroi and ,kurnai1 p4 #bba4 ,footnote #gb3 ,dawson1 ,australian ,aborigines1 p4 #ga4 ,footnote #gc3 ,grey1 ,journals of ,expeditions1 ii4 #bci4 ,footnote #gd3 ,bamler1 quoted by ,kohler1 in ,zeitschr4 f4 vergl4 ,rechtswiss4 xiv4 #chj4 ,footnote #ge3 ,riedel1 ,de sluik- en kroesharige rassen tusschen ,selebes en ,papua1 p4 #dcd 7natives of ,wetter74 ,chalmers1 ,pioneering in ,new ,guinea1 p4 #agi4 ,kohler1 in ,zeitschr4 f4 vergl4 ,rechtswiss4 xiv4 #ddf 7some ,marshall ,islanders74 ,merker1 quoted by ,kohler1 ibid4 xv4 #ec sq4 7,wadshagga74 ,brett1 ,indian ,tribes of ,guiana1 p4 #ceg4 ,bernau1 ,missionary ,labours in ,british ,guiana1 p4 #eg4 ,dall1 ,alaska1 p4 #daf4 ,boas1 ',the ,central ,eskimo1' in ,ann4 ,rep4 ,bur4 ,ethn4 vi4 #ehb4 ,jacob1 ,leben der vorislmischen ,beduinen1 p4 #add4 ,kovalewsky1 ,coutume contemporaine1 p4 #bdh 7,ossetes74 ,popovi'c1 ,recht und ,gericht in ,montenegro1 p4 #fi2 ,lago1 op4 cit4 ii4 #ij 7,montenegrines74 ,miklosich1 loc4 cit4 p4 #aca 7,slavs74 ,wilda1 ,strafrecht der ,germanen1 p4 #agc sq4 7ancient ,teutons74 ,footnote #gf3 ,hyades and ,deniker1 ,mission scientifique du ,cap ,horn1 vii4 #cge4 ,footnote #gg3 von ,martius1 op4 cit4 i4 #abh4 ,footnote #gh3 ,hawkins1 in ,trans4 ,american ,ethn4 ,soc4 iii4 #fg4 ,not only has ,dr4 ,steinmetz failed to prove his hypothesis that revenge was originally undirected1 but this hypothesis is quite opposed to all the most probable ideas we can form with regard to the revenge of early man4 ,for my own part ,i am convinced that we may obtain a good deal of knowledge about the primitive condition of the human race1 but not by studying modern savages only4 ,i have dealt with this question at some length in another place1#gi and wish now merely to point out that those general physical and psychical qualities which are not only common to all races of mankind1 but which are shared by them with the animals most allied to man1 may be assumed to have been present also in the earlier stages of #cg human development4 ,now1 concerning revenge among animals1 more especially among monkeys1 many anecdotes have been told by trustworthy authorities1 and in every case the revenge has been clearly directed against the offender4 ,footnote #gi3 ,history of ,human ,marriage1 p4 #c sqq4 ,on the authority of a zoologist whose scrupulous accuracy was known to many persons1 ,darwin relates the following story3--,at the ,cape of ,good ,hope an officer had often plagued a certain baboon1 and the animal1 seeing him approaching one ,sunday for parade1 poured water into a hole and hastily made some thick mud1 which he skilfully dashed over the officer as he passed by1 to the amusement of many bystanders4 ,for long afterwards the baboon rejoiced and triumphed whenever he saw his victim4#hj ,prof4 ,romanes considers this to be a good instance of what may be called brooding resentment deliberately preparing a satisfactory revenge4#ha ,this1 ,i think1 is to put into the statement somewhat more than it really contains2 but at all events it records a case of revenge1 in the sense in which ,dr4 ,steinmetz uses the word4 ,the same may be said of other instances mentioned by so accurate observers as ,brehm and ,rengger in their descriptions of ,african and ,american monkeys1 and of various examples of resentment in elephants and even in camels4#hb ,according to ,palgrave1 the camel possesses the passion of revenge1 and in carrying it out shows an unexpected degree of far-thoughted malice1 united meanwhile with all the cold stupidity of his usual character4 ,the following instance1 which occurred in a small ,arabian town1 deserves to be quoted1 since it seems to have escaped the notice of the students of animal psychology4 ,a lad of about fourteen had conducted a large camel1 laden with wood1 from that very village to another at half an hour's distance or so4 ,as the #ch animal loitered or turned out of the way1 its conductor struck it repeatedly1 and harder than it seems to have thought he had a right to do4 ,but not finding the occasion favourable for taking immediate quits1 it 'bode its time'2 nor was that time long in coming4 ,a few days later the same lad had to re-conduct the beast1 but unladen1 to his own village4 ,when they were about half way on the road1 and at some distance from any habitation1 the camel suddenly stopped1 looked deliberately round in every direction1 to assure itself that no one was within sight1 and1 finding the road far and near clear of passers-by1 made a step forward1 seized the unlucky boy's head in its monstrous mouth1 and lifting him up in the air flung him down again on the earth with the upper part of his skull completely torn off1 and his brains scattered on the ground4#hc ,we are also told that elephants1 though very sensitive to insults1 are never provoked1 even under the most painful or distracting circumstances1 to hurt those from whom they have received no harm4#hd ,sometimes animals show a remarkable degree of discrimination in finding out the proper object for their resentment4 ,it is hardly surprising to read that a baboon1 which was molested in its cage with a stick1 tried to seize1 not the stick1 but the hand of its tormentor4#he ,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 mouth3--,this conduct enraged the elephant2 and1 as if it knew that the painter was the cause of this teasing impertinence1 instead of attacking the servant1 it eyed the master1 and squirted at him from its trunk such a quantity of water as spoiled the paper on which he was drawing4#hf ,footnote #hj3 ,darwin1 ,descent of ,man1 p4 #fi4 ,footnote #ha3 ,romanes1 ,animal ,intelligence1 p4 #dgh4 ,footnote #hb3 ,brehm1 ,thierleben1 i4 #aef4 ,idem1 ,from ,north ,pole to ,equator1 p4 #cje4 ,rengger 7,naturgeschichte der ,sugethiere von ,paraguay1 p4 #eb7 gives the following information about the ,cay3--,frchtet er 4 4 4 seinen ,gegner1 so nimmt er seine ,zuflucht zur ,verstellung1 und sucht sich erst dann an ihm zu rchen1 wenn er ihn unvermuthet berfallen kann4 ,so hatte ich einen ,cay1 welcher mehrere ,personen die ihn oft auf eine grobe ,art geneckt hatten1 in einem ,augenblicke lass1 wo sie im besten ,vernehmen mit ihm zu sein glaubten4 ,nach verbter ,that kletterte er schnell auf einen hohen ,balken1 wo man ihm nicht beikommen konnte1 und grinste schadenfroh den ,gegenstand seiner ,rache an4 ,see1 moreover1 ,watson1 ,the ,reasoning ,power in ,animals1 especially pp4 #bj1 #ba1 #bd1 #aef sq42 ,romanes1 op4 cit4 p4 #chg sqq42 but also ,morgan1 ,animal ,life and ,intelligence1 p4 #dja sq4 ,footnote #hc3 ,palgrave1 ,narrative of a ,year's ,journey through ,central and ,eastern ,arabia1 i4 #dj4 ,footnote #hd3 ,watson1 op4 cit4 p4 #bf sq4 ,footnote #he3 ,aas1 ,sjaeleliv og intelligens hos ,dyr1 i4 #gb4 ,footnote #hf3 ,smellie1 ,philosophy of ,natural ,history1 i4 #ddh4 ,i find it inconceivable that anybody1 in the face of such facts1 could still believe that the revenge of early man was at first essentially indiscriminating1 and became gradually discriminating from considerations of social expediency4 ,but by this ,i certainly do not mean to deny that violation of the self-feeling is an extremely common and powerful incentive to resentment4 ,it is so #ci among savage#hg and civilised men alike2 even dogs and monkeys get angry when laughed at4 ,nothing more easily rouses in us anger and a desire for retaliation1 nothing is more difficult to forgive1 than an act which indicates contempt1 or disregard of our feelings4 ,long after the bodily pain of a blow has ceased1 the mental suffering caused by the insult remains and calls for vengeance4 ,this is an old truth often told4 ,according to ,seneca1 the greater part of the things which enrage us are insults1 not injuries4#hh ,plutarch observes that1 though different persons fall into anger for different reasons1 yet in nearly all of them is to be found the idea of their being despised or neglected4#hi ,contempt1 says ,bacon1 is that which putteth an edge upon anger1 as much1 or more1 than the hurt itself4#ij ,but1 indeed1 there is no need to resort to different principles in order to explain the resentment excited by different kinds of pain4 ,in all cases revenge implies1 primordially and essentially1 a desire to cause pain or destruction in return for hurt suffered1 whether the hurt be bodily or mental2 and1 if to this impulse is added a desire to enhance the wounded self-feeling1 that does not interfere with the true nature of the primary feeling of revenge4 ,there are genuine specimens of resentment without the co-operation of self-regarding pride2#ia and1 on the other hand1 the reaction of the wounded self-feeling is not necessarily1 in the first place1 concerned with the infliction of pain4 ,if a person has written a bad book which is severely criticised1 he may desire to repair his reputation by writing a better book1 not by humiliating his critics2 and if he attempts the latter rather than the former1 he does so1 not merely in order to enhance his self-feeling1 #dj but because he is driven on by revenge4 ,dr4 ,boas tells us that the ,british ,columbia ,indian1 when his feelings are hurt1 sits down or lies down sullenly for days without partaking of food1 and that1 when he rises his first thought is1 not how to take revenge1 but to show that he is superior to his adversary4#ib ,footnote #hg3 ,turner1 ',ethnology of the ,ungava ,district1' in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #bgj 7,hudson ,bay ,indians74 ,georgi1 ,russia1 iii4 #bje 7,aleuts74 ,sarasin1 ,ergebnisse naturwiss4 ,forschungen auf ,ceylon1 iii4 #ecg 7,veddahs74 von ,wrede1 ,reise in ,h4adhramaut1 p4 #aeg 7,bedouins74 ,winterbottom1 ,native ,africans in the ,neighbourhood of ,sierra ,leone1 i4 #baa4 ,footnote #hh3 ,seneca1 ,de ira1 iii4 #bh4 ,footnote #hi3 ,plutarch1 ,de cohibenda ira1 #ab4 ,footnote #ij3 ,bacon1 ',essay ,,lvii4 ,of ,anger1' in ,essays1 p4 #ead4 ,footnote #ia3 ,bain1 ,emotions and the ,will1 p4 #agg4 ,footnote #ib3 ,boas1 ,first ,general ,report on the ,indians of ,british ,columbia1 read at the ,newcastle-upon-,tyne meeting of the ,british ,association1 #ahhi1 p4 #ai4 ,in the feeling of gratification which results from successful resentment1 the pleasure of power or superiority also may form a very important element1 but it is never the exclusive element4#ic ,as the satisfaction of every desire is accompanied by pleasure1 so the satisfaction of the desire involved in resentment gives a pleasure by itself4 ,the angry or revengeful man who succeeds in what he aims at1 delights in the pain he inflicts for the very reason that he desired to inflict it4 ,footnote #ic3 ,cf4 ,ribot1 op4 cit4 p4 #bba sq4 ,revenge thus only forms a link in a chain of emotional phenomena1 for which non-moral resentment may be used as a common name4 ,in this long chain there is no missing link4 ,anger without any definite desire to cause suffering1 anger with such a desire1 more deliberate resentment--all these phenomena are so inseparably connected with each other that no one can say where one passes into another4 ,their common characteristic is that they are mental states marked by an aggressive attitude towards the cause of pain4 ,as to their origin1 the evolutionist can hardly entertain a doubt4 ,resentment1 like protective reflex action1 out of which it has gradually developed1 is a means of protection for the animal4 ,its intrinsic object is to remove a cause of pain1 or1 what is the same1 a cause of danger4 ,two different attitudes may be taken by an animal towards another which has made it feel pain3 it may either shun or attack its enemy4 ,in the former case its action is prompted by fear1 in the latter by anger1 and it depends on the circumstances which of these emotions is the actual #da determinant4 ,both of them are of supreme importance for the preservation of the species1 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 existence4 ,we have already noted that1 originally1 the impulse of attacking the enemy could hardly have been guided by a representation of the enemy as suffering4 ,but1 as a successful attack is necessarily accompanied by such suffering1 the desire to produce it naturally1 with the increase of intelligence1 entered as an important element in resentment4 ,the need for protection thus lies at the foundation of resentment in all its forms4 ,this view is not new4 ,more than one hundred and fifty years before ,darwin1 ,shaftesbury wrote of resentment in these words3--,notwithstanding its immediate aim be indeed the ill or punishment of another1 yet it is plainly of the sort of those affections which tend to the advantage and interest of the self-system1 the animal himself2 and is withal in other respects contributing to the good and interest of the species4#id ,a similar opinion is expressed by ,butler1 according to whom the reason and end for which man was made liable to anger is1 that he might be better qualified to prevent and resist violence and opposition1 while deliberate resentment is to be considered as a weapon1 put into our hands by nature1 against injury1 injustice1 and cruelty4#ie ,adam ,smith1 also1 believes that resentment has been given us by nature for defence1 and for defence only1 as being the safeguard of justice and the security of innocence4#if ,exactly the same view is taken by several modern evolutionists as regards the end of resentment1 though they1 of course1 do not rest contented with saying that this feeling has been given us by nature1 but try to explain in what way it has developed4 ,among members of the same species1 says ,mr4 ,herbert ,spencer1 those individuals which have not1 in any considerable degree1 resented aggressions1 must have ever tended to disappear1 and to have left behind those which have with some effect made counter-aggressions4#ig ,mr4 #db ,hiram ,stanley1 too1 quoting ,junker's statement regarding the pigmies of ,africa1 that they are much feared for their revengeful spirit1#ih observes that1 other things being equal1 the most revengeful are the most successful in the struggle for self-conservation and self-furtherance4#ii ,this evolutionist theory of revenge has been criticised by ,dr4 ,steinmetz1 but in my opinion with no success4 ,he remarks that the feeling of revenge could not have been of any use to the animal1 even though the act of vengeance might have been useful4#ajj ,but this way of reasoning1 according to which the whole mental life would be excluded from the influence of natural selection1 is based on a false conception of the relation between mind and body1 and1 ultimately1 on a wrong idea of cause and effect4 ,footnote #id3 ,shaftesbury1 ',inquiry concerning ,virtue or ,merit1' ii4 #b4 #b1 in ,characteristicks1 ii4 #ade4 ,footnote #ie3 ,butler1 ',sermon ,,viii4--,upon ,resentment1' op4 cit4 p4 #deg4 ,footnote #if3 ,adam ,smith1 ,theory of ,moral ,sentiments1 p4 #aac4 ,footnote #ig3 ,spencer1 ,principles of ,ethics1 i4 #cfa4 ,footnote #ih3 ,junker1 ,travels in ,africa during the ,years #ahhb-ahhf1 p4 #he4 ,footnote #ii3 ,hiram ,stanley1 op4 cit4 p4 #ahj4 ,cf4 also ,guyau1 ,esquisse d'une ,morale sans obligation ni sanction1 p4 #afb sq4 ,footnote #ajj3 ,steinmetz1 ,ethnol4 ,studien1 c4 i4 #ace4 ,from non-moral resentment we shall pass to the emotion of moral indignation4 ,that this is closely connected with anger is indicated by language itself3 we may feel indignant on other than moral grounds1 and we may feel righteous anger4 ,the relationship between these emotions is also conspicuous in their outward expressions1 which1 when the emotion is strong enough1 present similar characteristics4 ,when possessed with strong moral indignation1 a person looks as if he were angry1#aja and so he really is1 in the wider sense of the term4 ,this relationship has not seldom been recognised by moralists1 though it has more often been forgotten4 ,some two thousand years ago ,polybius wrote3--,if a man has been rescued or helped in an hour of danger1 and1 instead of showing gratitude to his preserver1 seeks to do him harm1 it is clearly probable that the rest will be displeased and offended with him when they know it1 sympathising with their neighbour and imagining themselves in his case4 ,hence arises a notion in every breast of the meaning and theory of duty1 which is in fact the beginning and end of justice4#ajb ,hartley regarded resentment and gratitude #dc as intimately connected with the moral sense4#ajc ,adam ,smith made the resentment of the impartial spectator a corner-stone of his theory of the moral sentiments4#ajd ,butler found the essential difference between sudden and deliberate anger to consist in this1 that the natural proper end of the latter is to remedy or prevent only that harm which implies1 or is supposed to imply1 injury or moral wrong4#aje ,and to ,stuart ,mill1 the sentiment of justice1 at least1 appeared to be derived from the animal desire to repel or retaliate a hurt or damage to oneself1 or to those with whom one sympathises4#ajf ,footnote #aja3 ,notice1 for instance1 ,michelangelo's ,moses4 ,footnote #ajb3 ,polybius1 ,historiae1 vi4 #f4 ,footnote #ajc3 ,hartley1 ,observations on ,man1 i4 #ebj4 ,footnote #ajd3 ,adam ,smith1 op4 cit4 passim4 ,footnote #aje3 ,butler1 op4 cit4 p4 #deh4 ,footnote #ajf3 ,stuart ,mill1 ,utilitarianism1 p4 #gi4 ,moral indignation1 or disapproval1 like non-moral resentment1 is a reactionary attitude of mind directed towards the cause of inflicted pain4 ,in a subsequent chapter we shall see that both are in a similar way determined by the answer given to the question1 ,what is the cause of the pain8--a fact which1 whilst strongly confirming their affinity1 throws light upon some of the chief characteristics of the moral consciousness4 ,nay1 moral indignation resembles non-moral resentment even in this respect that1 in various cases1 the aggressive reaction turns against innocent persons who did not commit the injury which gave rise to it4 ,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 practice1 but has the sanction of custom4 ,and even punishment1 which1 in the strict sense of the term1 is a more definite expression of public1 or moral1 indignation than the custom of private retaliation1 is often similarly indiscriminate4 ,like revenge1 and for similar reasons1 punishment sometimes falls on a relative of the culprit in cases when he himself cannot be caught4 ,in ,fiji1 says ,mr4 ,williams1 the virtue of vicarious suffering is recognised4 ,it once happened that a warrior left his charged musket so #dd carelessly that it went off and killed and wounded some individuals1 whereupon he fled himself4 ,his case was judged worthy of death by the chiefs of the tribe1 and the offender's aged father was in consequence seized and strangled4#ajg ,footnote #ajg3 ,williams and ,calvert1 ,fiji1 p4 #bd4 ,in other cases an innocent person is killed for the offence of another1 not because the offender cannot be seized1 but with a view to inflicting on him a loss1 according to the rule of like for like4 ,the punishment1 then1 is meant for the culprit1 though the chief sufferer is somebody else4 ,according to the ,laws of ,hvammurabi1 if a builder has built a house for a man and has not made strong his work1 and the house he built has fallen1 and he has caused the death of the owner1 that builder shall be put to death4 ,but if he has caused the son of the owner of the house to die1 one shall put to death the son of that builder4#ajh ,similarly1 if a man has struck a gentleman's daughter and caused her to drop what is in her womb1 he shall pay ten shekels of silver for what was in her womb4 ,but if that woman has died1 one shall put to death his daughter4#aji ,the following custom which ,mr4 ,gason reports1 as existing among the ,australian ,dieyerie1 in case a man should unintentionally kill another in a fight1 is probably based on a similar principle3--,should the offender have an elder brother1 then he must die in his place2 or1 should he have no elder brother1 then his father must be his substitute2 but in case he has no male relative to suffer for him1 then he himself must die4#aaj ,footnote #ajh3 ,laws of ,hvammurabi1 #bbi sq4 ,footnote #aji3 ,ibid4 #bji sq4 ,footnote #aaj3 ,gason1 ',manners and ,customs of the ,dieyerie ,tribe1' in ,woods1 ,native ,tribes of ,south ,australia1 p4 #bfe4 ,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 solidarity4 ,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 punishment4 #de ,among the ,atkha ,aleuts1 the punishment for certain offences was sometimes carried so far as to include the wife of the offender4#aaa ,among the ,e7we-speaking peoples of the ,slave ,coast1 a person found guilty of having procured1 or endeavoured to procure1 the death of another through the agency of the gods ,huntin and ,loko1 is put to death1 and his family is generally enslaved as well4#aab ,among the ,matabele1 if a person is declared by the witch-doctor to have caused injury to somebody else by making charms1 he is immediately put to death1 his wife and the whole of his family sharing his fate4#aac ,among the ,shilluks of the ,white ,nile1 murder is punished with death to the criminal and the forfeiture of wives and children to the ,sultan1 who retains them in bondage4#aad ,among the ,kafirs1 in cases of trespasses against the king1 the sentence falls not only on the individual1 but on his whole house4#aae ,in ,madagascar1 the code of native laws1 up to recent time1 reduced for many offences the culprit's wife and children to slavery4#aaf ,in some parts of the ,malay ,archipelago1 according to ,crawfurd1 a father and child are considered almost inseparable1 hence when the one is punished the other seldom escapes4#aag ,in ,bali1 the law prescribes that for certain kinds of sorcery the offender shall be put to death4 ,it adds1 ,if the matter be very clearly made out1 let the punishment of death be extended to his father and his mother1 to his children and to his grand-children2 let none of them live2 let none connected with one so guilty remain on the face of the land1 and let their goods be in like manner confiscated4#aah ,footnote #aaa3 ,petroff1 ',report on ,alaska1' in ,tenth ,census of the ,united ,states1 p4 #aeh4 ,footnote #aab3 ,ellis1 ,e7we-speaking ,peoples of the ,slave ,coast1 p4 #bbe4 ,footnote #aac3 ,decle1 ,three ,years in ,savage ,africa1 p4 #aec4 ,footnote #aad3 ,petherick1 ,travels in ,central ,africa1 ii4 #c4 ,footnote #aae3 ,ratzel1 ,history of ,mankind1 ii4 #dde4 ,footnote #aaf3 ,sibree1 ,the ,great ,african ,island1 p4 #aha4 ,ellis1 ,history of ,madagascar1 i4 #agd1 #age1 #aic4 ,footnote #aag3 ,crawfurd1 op4 cit4 i4 #hb4 ,footnote #aah3 ,ibid4 iii4 #ach4 ,the ,chinese doctrine of responsibility is to a great extent based upon family solidarity2 in great crimes all the male relatives of the offender are held responsible for his deed4 ,every male relative1 of whatever degree1 who may be dwelling under the roof of a man guilty of treason1 is doomed to death1 with the exception of young boys1 who are allowed their lives1 but on the condition that they are made eunuchs for service in the imperial palace4#aai ,in ancient ,mexico1 traitors and conspirators were not only themselves killed1 but their children and relatives #df were made slaves to the fourth generation4#abj ,according to an ,athenian law1 a man who committed sacrilege or betrayed his country was banished with all his children4#aba ,aristotle mentions a case of sacrilege in which the bones of the guilty dead were disentombed and cast beyond the borders of ,attica2 the living clan were condemned to perpetual exile1 and the city was subsequently purified4#abb ,the ,macedonian law involved in punishment the kindred of conspirators against the monarch4#abc ,dionysius of ,halicarnassus states that some of the ,greeks think it reasonable to put to death the sons of tyrants together with their fathers1 whereas others punish them with perpetual banishment2 and he contrasts this with the ,roman principle that the sons shall be exempted from all punishment1 whose fathers are offenders1 whether they happen to be the sons of tyrants1 of parricides1 or of traitors4#abd ,but after the end of the ,marsic1 and civil wars1 this rule was transgressed2#abe and later on ,arcadius1 though expressly ordaining that the punishment of the crime shall extend to the criminal alone1#abf took a different view of the punishment for treason4 ,by a special extension of his imperial clemency1 he allows the sons of the criminal to live1 although in strict justice1 being tainted with hereditary guilt1 they ought to suffer the punishment of their father4 ,but they shall be incapable of inheritance2 they shall be abandoned to the extreme of poverty and perpetual indigence2 they shall be excluded from all honours and from the participation of religious rites2 the infamy of their father shall ever attend them1 and such shall be the misery of their condition1 that life shall be a punishment and death a comfort4#abg ,among the ,anglo-,saxons1 before the time of ,cnut1 the child1 even the infant in the cradle1 was liable to be sold into slavery for the payment of penalties incurred by the father1 being held by the covetous to be equally guilty as if it had discretion4#abh ,even later1 the child of an outlaw1 following the condition of the father1 also became an outlaw2 and this grievance was only partly remedied by ,edward the ,confessor1 who relieved from the consequences of the father's outlawry such children as were born before he was #dg outlawed1 but not such as were born afterwards4#abi ,during the ,middle ,ages it was the invariable rule to confiscate the entire property of an impenitent heretic1 a rule which was justified on the ground that his crime is so great that something of his impurity falls upon all related to him4#acj ,the ,pope ,alexander ,,iv4 also excluded the descendants of an heretic to the second generation from all offices in the ,church4#aca ,owing to religious influence1 illegitimate children were not only deprived of the title to inheritance1 but they were treated by some law-books as almost rightless beings1 on a par with robbers and thieves4#acb ,if a person committed suicide1 his goods were confiscated1 and1 according to a ,french medival law1 his wife was besides deprived of her own private property4#acc ,even in the latter half of the eighteenth century1 in ,france1 in the case of an attempt made against the life of the king1 the whole family of the criminal was banished4#acd ,nay1 in various ,european countries1 up to quite recent times--in ,england till #ahgj--;forfeiture of property has been the punishment prescribed for certain crimes1 including suicide2#ace which means1 if not actually the imposition of penalties on the survivors in a case where the culprit himself is out of reach1 at least a gross disregard of their ordinary rights of property4 ,it is hardly necessary to point out how often1 in the very society in which we live1 social punishments are inflicted upon children for their father's wrongs4 ,footnote #aai3 ,douglas1 ,society in ,china1 p4 #ga sq4 ,ta ,tsing ,leu ,lee1 sec4 ccliv4 p4 #bgj4 ,footnote #abj3 ,bancroft1 ,native ,races of the ,pacific ,states1 ii4 #dei4 ,footnote #aba3 ,meursius1 ,themis ,attica1 ii4 #b1 in ,gronovius1 ,thesaurus ,graecarum ,antiquitatum1 v4 #aifh4 ,footnote #abb3 ,aristotle1 ,de republica ,atheniensium #a4 ,cf4 ibid4 #bj4 ,footnote #abc3 ,curtius ,rufus1 ,de gestis ,alexandri ,magni1 vi4 #aa4 #bj4 ,footnote #abd3 ,dionysius of ,halicarnassus1 ,antiquitates ,romanae1 viii4 #hj4 ,footnote #abe3 ,ibid4 viii4 #hj4 ,footnote #abf3 ,codex ,iustinianus1 ix4 #dg4 #bb4 ,footnote #abg3 ,ibid4 ix4 #h4 #e4 ,footnote #abh3 ,laws of ,cnut1 ii4 #gg4 ,cf4 ,lappenberg1 ,history of ,england under the ,anglo-,saxon ,kings1 ii4 #dad2 ,wilda1 op4 cit4 p4 #ijf4 ,footnote #abi3 ,leges ,edwardi ,confessoris1 #ai4 ,footnote #acj3 ,lecky1 ,history of ,rationalism in ,europe1 ii4 #cf1 n4 #a4 ,eicken1 ,geschichte und ,system der mittelalterlichen ,weltanschauung1 p4 #egb sq4 ,paramo1 ,de origine et progressu ,sancti ,inquisitionis p4 #ehg sq4 ,footnote #aca3 ,eicken1 op4 cit4 p4 #egc4 ,footnote #acb3 ,ibid4 p4 #egc4 ,footnote #acc3 ,du ,boys1 ,histoire du droit criminel des peuples modernes1 ii4 #bcf4 ,footnote #acd3 ,hertz1 ,voltaire und die franzsische ,strafrechtspflege im achtzehnten ,jahrhundert1 p4 #bg4 ,footnote #ace3 ,stephen1 ,history of the ,criminal ,law of ,england1 i4 #dhg sq42 iii4 #aje4 ,for the explanation of these facts we have to remember what has been said before about collective responsibility in the case of revenge4 ,speaking of the ,chinese doctrine of family solidarity1 ,dr4 de ,groot observes that1 under the influence of this doctrine1 families1 not men individually1 came to be regarded1 from the ,government's point of view1 as the smallest particles1 the molecules of the nation1 each individual being swallowed up in the circle of his kinsfolk4#acf ,such a doctrine assumes that the other members of the family-group are1 in a way1 accessories #dh to any crime committed by a fellow-member4 ,human nature1 says ,lord ,kames1 is not so perverse1 as without veil or disguise to punish a person acknowledged to be innocent4 ,an irregular bias of imagination1 which extends the qualities of the principal to its accessories1 paves the way to that unjust practice4 ,this bias1 strengthened by indignation against an atrocious criminal1 leads the mind hastily to conclude1 that all his connections are partakers of his guilt4#acg ,among the ancients we also meet with a strong belief that1 according to the course of nature1 wicked fathers have wicked sons4 ,that which is begot1 says ,plutarch1 is not1 like some production of art unlike the begetter1 for it proceeds from him1 and is not merely produced by him1 so that it appropriately receives his share1 whether that be honour or punishment4#ach ,to destroy1 or to make harmless1 the family of an offender may be1 not only an act of retaliation1 but a precaution2 according to an old ,greek adage1 a man is a fool if he kills the father and leaves the sons alive4#aci ,this especially holds good for treason1 which generally suggests accomplices2 and of all crimes for which penalties are imposed upon other individuals besides the culprit1 treason is probably the most common4 ,this crime is also particularly apt to evoke the hatred of those who have the power to punish1 hence the punishment of it1 being closely allied to an act of revenge1 is often inflicted without due discrimination4 ,moreover1 by being extended to the criminal's family1 the punishment falls more heavily upon himself as well4 ,again1 in case the crime is of a sacrilegious character1 it is supposed to pollute everybody connected with the criminal1 and even the whole community where he dwells4 ,footnote #acf3 de ,groot1 ,religious ,system of ,china 7vol4 ii4 book7 i4 #eci4 ,footnote #acg3 ,kames1 ,sketches of the ,history of ,man1 iv4 #adh4 ,footnote #ach3 ,plutarch1 ,de sera numinis vindicta1 #af4 ,cf4 ,dionysius of ,halicarnassus1 op4 cit4 viii4 #hj4 ,footnote #aci3 ,schmidt1 ,ethik der alten ,griechen1 ii4 #abf4 ,in their administration of justice1 gods are still more indiscriminate than men4 ,they hold the individual responsible for the whole to which he belongs4 ,they #di punish the community for the sins of one of its members4 ,they visit the iniquity of the fathers and forefathers upon the children and descendants4 ,the ,sibuyaus1 a tribe belonging to the ,sea ,dyaks1 are of opinion that an unmarried girl proving with child must be offensive to the superior powers1 who1 instead of always chastising the individual1 punish the tribe by misfortunes happening to its members4 ,they1 therefore1 on the discovery of the pregnancy fine the lovers1 and sacrifice a pig to propitiate offended ,heaven1 and to avert that sickness or those misfortunes that might otherwise follow2 and they inflict heavy mulcts for every one who may have suffered from any severe accident1 or who may have been drowned within a month before the religious atonement was made4#adj ,according to ,chinese beliefs1 whole kingdoms are punished for the conduct of their rulers by spirits who act as avengers with orders or approval from the ,tao1 or ,heaven4#ada ,prevalent opinion in ,china1 continuously inspired anew by literature of all times and ages1 further admits that spiritual vengeance may come down upon the culprit's offspring in the form of disease or death4#adb ,when a maimed or deformed child is born the ,japanese say that its parents or ancestors must have committed some great sin4#adc ,the ,vedic people ask ,varuna to forgive the wrongs committed by their fathers4#add ,says the poet3--,what we ourselves have sinned in mercy pardon2 my own misdeeds do thou1 ,o god1 take from me1 and for another's sin let me not suffer4#ade ,according to the ancient ,greek theory of divine retribution1 the community has to suffer for the sins of some of its members1 children for the sins of their fathers4#adf ,hesiod says that often a whole town is punished with famine1 pestilence1 barrenness of its women1 or loss of its army or vessels for the misdeeds of a single individual4#adg ,croesus atoned by the forfeiture of his kingdom for the crime of ,gyges1 his fifth ancestor1 who had murdered his master and usurped his throne4#adh ,cytissorus brought down the anger of gods upon his descendants by #ej rescuing ,athamas1 whom the ,achaians intended to offer up as an expiatory sacrifice on behalf of their country4#adi ,when hearing of the death of his wife1 ,theseus exclaims1 ,this must be a heaven-sent calamity in consequence of the sins of an ancestor1 which from some remote source ,i am bringing on myself4#aej ,according to ,hebrew notions1 sin affects the nation through the individual and entails guilt on succeeding generations4#aea ,the anger of the ,lord is kindled against the children of ,israel on account of ,achan's sin4#aeb ,the sin of the sons of ,eli is visited on his whole house from generation to generation4#aec ,because ,saul has slain the ,gibeonites1 the ,lord sends1 in the days of ,david1 a three years' famine1 which ceases only when seven of ,saul's sons are hanged4#aed ,the sins of ,manasseh are expiated even by the better generation under ,josiah4#aee ,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 ,him1#aef is also frequently met with in the ,old ,testament ,apocrypha4 ,the inheritance of sinners' children shall perish1 and their posterity shall have a perpetual reproach4#aeg ,the seed of an unrighteous bed shall be rooted out4#aeh ,the same idea has survived among ,christian peoples4 ,it was referred to in ,canon ,law as a principle to be imitated by human justice1#aei and by ,innocent ,,iii4 in justification of a bull which authorised the confiscation of the goods of heretics4#afj ,up to quite recent times it was a common belief in ,scotland that the punishment of the cruelty1 oppression1 or misconduct of an individual descended as a curse on his children to the third and fourth generation4 ,it was not confined to the common people2 all ranks were influenced by it2 and many believed that if the curse did not fall upon the first or second generation it would inevitably descend upon the succeeding4#afa ,in the dogma that the whole human race is condemned on #ea account of the sin of its first parents1 the doctrine of collective responsibility has reached its pitch4 ,footnote #adj3 ,st4 ,john1 ,life in the ,forests of the ,far ,east1 i4 #fc4 ,footnote #ada3 de ,groot1 op4 cit4 7vol4 iv4 book7 ii4 #dcb1 #dce4 ,davis1 ,china1 ii4 #cd sq4 ,footnote #adb3 de ,groot1 op4 cit4 7vol4 iv4 book7 ii4 #deb4 ,footnote #adc3 ,griffis1 ,mikado's ,empire1 p4 #dgb4 ,footnote #add3 ,rig-,veda1 vii4 #hf4 #e4 ,cf4 ,atharva-,veda1 v4 #cj4 #d2 x4 #c4 #h4 ,footnote #ade3 ,rig-,veda1 ii4 #bh4 #i4 ,cf4 ibid4 vi4 #ea4 #g2 vii4 #eb4 #b4 ,footnote #adf3 ,ngelsbach1 ,nachhomerische ,theologie des griechischen ,volksglaubens1 p4 #cd sq4 ,schmidt1 op4 cit4 i4 #fg sqq4 ,farnell1 ,cults of the ,greek ,states1 i4 #gf sq4 ,footnote #adg3 ,hesiod1 ,opera et dies1 #bdj sqq4 ,footnote #adh3 ,herodotus1 i4 #ia4 ,footnote #adi3 ,ibid4 vii4 #aig4 ,footnote #aej3 ,euripides1 ,hippolytus1 #hca sq4 ,footnote #aea3 ,oehler1 ,theology of the ,old ,testament1 i4 #bcf4 ,dorner1 ,system of ,christian ,doctrine1 ii4 #cbe4 ,montefiore1 ,hibbert ,lectures1 p4 #ajc4 ,robertson ,smith1 ,religion of the ,semites1 p4 #dba4 ,schultz1 ,old ,testament ,theology1 ii4 #cjh4 ,bernard1 ',sin1' in ,hastings1 ,dictionary of the ,bible1 iv4 #ecj1 #ecd4 ,footnote #aeb3 ,joshua1 vii4 #a4 ,footnote #aec3 #a ,samuel1 ii4 #bg sqq4 ,footnote #aed3 #b ,samuel1 xxi4 #a sqq4 ,footnote #aee3 ,deuteronomy1 i4 #cg2 iii4 #bf2 iv4 #ba4 #b ,kings1 xxiii4 #bf2 xxiv4 #c4 ,jeremiah1 xv4 #d sqq4 ,footnote #aef3 ,exodus1 xx4 #e2 xxiv4 #g1 ,numbers1 xiv4 #ah4 ,deuteronomy1 v4 #i4 ,cf4 ,leviticus1 xxvi4 #ci4 ,footnote #aeg3 ,ecclesiasticus1 xli4 #f4 ,cf4 ibid4 xvi4 #d2 xli4 #e1 #g sqq4 ,footnote #aeh3 ,wisdom of ,solomon1 iii4 #af4 ,cf4 ibid4 iii4 #ab1 #ac1 #ag sqq4 ,footnote #aei3 ,eicken1 op4 cit4 p4 #egb4 ,footnote #afj3 ,lecky1 ,history of ,rationalism in ,europe1 ii4 #cg n4 ,footnote #afa3 ,stewart1 ,sketches of the ,character1 c41 of the ,highlanders of ,scotland1 p4 #abg4 ,men originally attribute to their gods mental qualities similar to their own1 and imagine them to be no less fierce and vindictive than they are themselves4 ,thus the retribution of a god is1 in many cases1 nothing but an outburst of sudden anger1 or an act of private revenge1 and as such particularly liable to comprise1 not only the offender himself1 but those connected with him4 ,plutarch even argued that the punishments inflicted by gods on cities for ill-deeds committed by their former inhabitants allowed of a just defence1 on the ground that a city is one continuous entity1 a sort of creature that never changes from age1 or becomes different by time1 but is ever sympathetic with and conformable to itself1 and therefore answerable for whatever it does or has done for the public weal1 as long as the community by its union and federal bonds preserves its unity4#afb ,he further observes that a bad man is not bad only when he breaks out into crime1 but has the seeds of vice in his nature1 and that the deity1 knowing the nature and disposition of every man1 prefers stifling crime in embryo to waiting till it becomes ripe4#afc ,footnote #afb3 ,plutarch1 ,de sera numinis vindicta1 #ae4 ,footnote #afc3 ,ibid4 #bj4 ,but there are yet special reasons for extending the retribution of a god beyond the limits of individual guilt4 ,whilst the resentment of a man is a matter of experience1 that of a god is a matter of inference4 ,that some particular case of suffering is a divine punishment1 is inferred either from its own peculiar character1 suggesting the direct interference of a god1 or from the assumption that a certain act1 on account of its offensiveness1 cannot be left unpunished4 ,now experience shows that1 in many instances1 the sinner himself escapes all punishment1 leading a happy life till his death2 hence the conclusion is near at hand that any grave misfortune which befalls his descendants1 is the delayed retribution of the offended #eb god4#afd ,such a conclusion is quite in harmony with the common notions of divine power4 ,it especially forces itself upon a mind which has no idea of a hell with post mortem punishments for the wicked4 ,and1 where the spirit of a man after his death is believed to be still ardently concerned for the welfare of his family1#afe the affliction of his descendants naturally appears as a punishment inflicted upon himself4 ,as ,dr4 de ,groot observes1 the doctrine of the ,chinese1 that spiritual vengeance may descend on the offender's offspring1 tallies perfectly with their conception that the severest punishment which may be inflicted on one1 both in his present life and the next1 is decline or extermination of his male issue1 leaving nobody to support him in his old age1 nobody to protect him after his death from misery and hunger by caring for his corpse and grave1 and sacrificing to his manes4#aff ,footnote #afd3 ,cf4 ,isocrates1 ,oratio de pace1 #abj2 ,cicero1 ,de natura ,deorum1 iii4 #ch2 ,ngelsbach1 op4 cit4 p4 #cc sq4 ,footnote #afe3 ,cf4 ,schmidt1 op4 cit4 i4 #ga sq4 7ancient ,greeks74 ,footnote #aff3 de ,groot1 op4 cit4 7vol4 iv4 book7 ii4 #deb4 ,the retributive sufferings which innocent persons have to undergo in consequence of the sins of the guilty1 are not always supposed to be inflicted upon them directly1 as a result of divine resentment4 ,they are often attributed to infection4 ,sin is looked upon in the light of a contagious matter which may be transmitted from parents to children1 or be communicated by contact4 ,this idea is well illustrated by the funeral ceremonies of the ,tahitians4 ,when the house for the dead had been erected1 and the corpse placed upon the platform or bier1 the priest ordered a hole to be dug in the earth or floor near the foot of the platform4 ,over this he prayed to the god by whom it was supposed the spirit of the deceased had been required4 ,the purport of his prayer was that all the dead man's sins1 and especially that for which his soul had been called to the po1 might be deposited there1 that they might not attach in any degree to the survivors1 and that the anger of the god might be appeased4 ,all who were employed in embalming the dead were also1 during the process1 carefully avoided by every person1 #ec as the guilt of the crime for which the deceased had died was believed to contaminate such as came in contact with the corpse2 and as soon as the ceremony of depositing the sins in the hole was over1 all who had touched the body or the garments of the deceased1 which were buried or destroyed1 fled precipitately into the sea to cleanse themselves from the pollution4#afg ,in one part of ,new ,zealand a service was performed over an individual1 by which all the sins of the tribe were supposed to be transferred to him1 a fern stalk was previously tied to his person1 with which he jumped into the river and there unbinding1 allowed it to float away to the sea1 bearing their sins with it4#afh ,the ,iroquois ,white ,dog ,feast1 which was held every year in ,january1 ,february1 or early in ,march1#afi implied1 according to most authorities1 a ceremony of sin-transference4#agj ,the following description of it is given by ,mrs4 ,jemison1 a white woman who was captured by the ,indians in the year #agee3--,two white dogs1 without spot or blemish1 are strangled and hung near the door of the council-house4 ,on the fourth or fifth day the committee1 consisting of from ten to twenty active men who have been appointed to superintend the festivities1 collect the evil spirit1 or drive it off entirely1 for the present1 and also concentrate within themselves all the sins of their tribe1 however numerous or heinous4 ,on the eighth or ninth day1 the committee having received all the sin1 as before observed1 into their own bodies1 they take down the dogs1 and after having transfused the whole of it into one of their own number1 he1 by a peculiar sleight of hand1 or kind of magic1 works it all out of himself into the dogs4 ,the dogs1 thus loaded with all the sins of the people1 are placed upon a pile of wood that is directly set on fire4 ,here they are burnt1 together with the sins with which they were loaded4#aga ,among the ,badgas of ,india1 at a burial1 an elder1 standing by the corpse1 offers up a prayer that the dead may not go to hell1 that the sins committed on earth may be forgiven1 and that the sins may be borne by a calf1 which is let loose in the jungle and used thenceforth for no manner of work4#agb ,at ,utch-,kurgan1 in ,turkestan1 ,mr4 ,schuyler saw an old man1 constantly #ed engaged in prayer1 who was said to be an iskatchi1 that is1 a person who gets his living by taking on himself the sins of the dead1 and thenceforth devoting his life to prayer for their souls4#agc ,footnote #afg3 ,ellis1 ,polynesian ,researches1 i4 #dja sqq4 ,footnote #afh3 ,taylor1 ,te ,ika a ,maui1 p4 #aja4 ,footnote #afi3 ,beauchamp1 ',iroquois ,white ,dog ,feast1' in ,american ,antiquarian1 vii4 #bcf sq4 ,hale1 ',iroquois ,sacrifice of the ,white ,dog1' ibid4 vii4 #g4 ,footnote #agj3 ,beauchamp1 loc4 cit4 p4 #bcg sq4 ,footnote #aga3 ,seaver1 ,narrative of the ,life of ,mrs4 ,mary ,jemison1 p4 #aeh sqq4 ,cf4 ,mr4 ,clark's description1 quoted by ,beauchamp1 loc4 cit4 p4 #bch4 ,footnote #agb3 ,thurston1 ',badgas of the ,nilgiris1' in the ,madras ,government ,museum's ,bulletin1 ii4 #d4 ,cf4 ,metz1 ,tribes inhabiting the ,neilgherry ,hills1 p4 #gh2 ,graul1 ,reise nach ,ostindien1 iii4 #bif sqq4 ,footnote #agc3 ,schuyler1 ,turkistan1 ii4 #bh4 ,in ancient ,peru1 an ,inca1 after confession of guilt1 bathed in a neighbouring river1 and repeated this formula3--,o thou ,river1 receive the sins ,i have this day confessed unto the ,sun1 carry them down to the sea1 and let them never more appear4#agd ,according to ,vedic beliefs1 sin is a contamination which may be inherited1 or contracted in various ways1#age and of which the sinner tries to rid himself by transferring it to some enemy1#agf or by invoking the gods of water or fire4#agg ,it is washed out by ,varuna1 in his capacity of a water-god1#agh and by ,trita1 another water-god1#agi and even by the ,waters in general1 as appears from the prayer addressed to them3--,o ,waters1 carry off whatever sin is in me and untruth4#ahj ,for a similar reason1 as it seems1 water became in the later1 ,brahmanic age1 the essence 7sap7 of immortality#aha and the belief in its purifying power still survives in modern ,india4 ,no sin is too heinous to be removed1 no character too black to be washed clean1 by the waters of ,ganges4#ahb ,at sacred places of pilgrimage on the banks of rivers1 the ,hindus perform special religious shavings for the purpose of purifying soul and body from pollution2 and persons who have committed great crimes or are troubled by uneasy consciences1 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 stream4#ahc ,so1 also1 according to ,hindu beliefs1 contact with cows purifies1 and1 as in the ,parsi ritual1 the dung and urine of cows have the power of preventing or cleansing away not only material1 but moral defilements4#ahd ,in post-,homeric ,greece1 individuals and a whole people were cleansed from their sins by water or some other material means of purification4#ahe ,plutarch1 after observing #ee that there are other properties that have connection and communication1 and that transfer themselves from one thing to another with incredible quickness and over immense distances1 asks whether it is more wonderful that ,athens should have been smitten with a plague which started in ,arabia1 than that1 when the ,delphians and ,sybarites became wicked1 vengeance should have fallen on their descendants4#ahf ,the ,hebrews annually laid the sins of the people upon the head of a goat1 and sent it away into the wilderness2#ahg and they cleansed every impurity with consecrated water or the sprinkling of blood4#ahh ,to this day1 the ,jews in ,morocco1 on their ,new-,year's day1 go to the sea-shore1 or to some spring1 and remove their sins by throwing stones into the water4 ,the words of the ,psalmist1 wash me thoroughly from mine iniquity1 and cleanse me from my sin1#ahi were not altogether a figure of speech2 nor is ,christian baptism originally a mere symbol4 ,its result is forgiveness of sins2#aij by the water1 as a medium of the ,holy ,ghost1 the stains of sin are washed away4#aia ,that sin is contagious has been expressly stated by ,christian writers4 ,novatian says that the one is defiled by the sin of the other1 and the idolatry of the transgressor passes over to him who does not transgress4#aib ,footnote #agd3 ,tylor1 ,primitive ,culture1 ii4 #dce4 ,footnote #age3 ,atharva-,veda1 v4 #cj4 #d2 x4 #c4 #h2 vii4 #fd4 i4 sq4 ,cf4 ,oldenberg1 ,religion des ,veda1 p4 #bij4 ,footnote #agf3 ,rig-,veda1 x4 #cf4 #i2 x4 #cg4 #ab4 ,footnote #agg3 ,ibid4 x4 #afd4 #c4 ,atharva-,veda1 vii4 #fd4 #b4 ,cf4 ,kaegi1 ,rig-,veda1 p4 #aeg2 ,oldenberg1 op4 cit4 pp4 #bia-bih1 #cai sqq4 ,footnote #agh3 ,cf4 ,hopkins1 ,religions of ,india pp4 #fe n4 #a1 #ff4 ,footnote #agi3 ,atharva-,veda1 vi4 #aac4 #a sqq4 ,footnote #ahj3 ,rig-,veda1 i4 #bc4 #bb4 ,sin is also looked upon as a galling chain from the captivity of which release is besought 7ibid4 i4 #bd4 #i1 #ac sq42 ii4 #bg4 #af2 ii4 #bh4 #e2 v4 #he4 #h2 vi4 #gd4 #c2 c474 ,footnote #aha3 ,hopkins1 op4 cit4 p4 #aif4 ,footnote #ahb3 ,monier ,williams1 ,brahmanism and ,hinduuism1 p4 #cdg4 ,footnote #ahc3 ,ibid4 p4 #cge4 ,footnote #ahd3 ,barth1 ,religions of ,india1 p4 #bfd4 ,laws of ,manu1 iii4 #bjf2 v4 #aje1 #aba1 #abd2 xi4 #aaj1 #bjc1 #bac4 ,footnote #ahe3 ,stengel1 ,die griechischen ,kultusaltertmer1 p4 #ach sqq4 ,footnote #ahf3 ,plutarch1 ,de sera numinis vindicta1 #ad4 ,footnote #ahg3 ,leviticus1 xvi4 ,footnote #ahh3 ,numbers1 viii4 #g2 xix4 #d-i1 #ac sqq42 xxxi4 #bc4 ,leviticus1 xvi4 #ad sqq4 ,footnote #ahi3 ,psalms1 li4 #b4 ,footnote #aij3 ,harnack1 op4 cit4 ii4 #adj sqq4 ,footnote #aia3 ,catechism of the ,council of ,trent1 ii4 #b4 #aj1 p4 #afb4 ,footnote #aib3 ,quoted by ,harnack1 op4 cit4 ii4 #aai4 ,in this materialistic conception of sin there is an obvious confusion between cause and effect1 between the sin and its punishment4 ,sin is looked upon as a substance charged with injurious energy1 which will sooner or later discharge itself to the discomfort or destruction of anybody who is infected with it4 ,the sick ,chinese says of his disease1 it is my sin1 instead of saying1 it is the punishment of my sin4#aic ,both in ,hebrew and in the ,vedic language the word for sin is used in a similar way4#aid ,in the consciousness of the pious ,israelite1 ,professor ,schultz observes1 sin1 guilt1 and punishment1 are ideas so directly connected that the words for them are interchangeable4#aie #ef ,the prophets frequently and emphatically declare that there is in sin itself a power which must destroy the sinner4#aif ,so1 too1 as ,m4 ,bergaigne points out1 there is in the ,vedic notion of sin1 la croyance une sorte de vertu propre du pch1 grce laquelle il produit de lui-mme son effet ncessaire1 savoir le chtiment du pcheur4#aig ,sins are thus treated like diseases1 or the germs of diseases1 of which patients likewise try to rid themselves by washing or burning1 or which are described in the very language often applied to sins as fetters which hold them chained4#aih ,all kinds of evil are in this way materialised4 ,the ,shamanistic peoples of ,siberia1 says ,georgi1 hold evil to be a self-existing substance which they call by an infinitude of particular names4#aii ,according to ,moorish ideas1 l-bas1 or misfortune1 is a kind of infection1 which may be contracted by contact and removed by water or fire2 hence in all parts of ,morocco water- and fire-ceremonies are performed annually1 either on the 7shur-eve or at midsummer1 l-7ans4ara1 for the purpose of purifying men1 animals1 and fruit-trees4#bjj ,and just as the ,moors1 on these #eg occasions1 rid themselves of l-bas1 so1 in modern ,greece1 the women make a fire on ,midsummer ,eve1 and jump over it1 crying1 ,i leave my sins4#bja ,footnote #aic3 ,edkins1 ,religion in ,china1 p4 #acd4 ,footnote #aid3 ,holzman1 ',snde und ,shne in den ,rigvedahymnen und den ,psalmen1' in ,zeitschr4 f4 ,vlkerpsychologie1 xv4 #i4 ,footnote #aie3 ,schultz1 op4 cit4 ii4 #cjf4 ,cf4 ,curtiss1 ,primitive ,semitic ,religion ,to-day1 p4 #abd sqq4 ,footnote #aif3 ,ibid4 ii4 #cjh sq4 ,footnote #aig3 ,bergaigne1 ,religion vdique1 iii4 #afc4 ,cf4 ,rig-,veda1 x4 #acb4 #e4 ,footnote #aih3 ,oldenberg1 op4 cit4 p4 #bhh4 ,footnote #aii3 ,georgi1 ,russia1 iii4 #beg4 ,footnote #bjj3 ,the various methods of transferring or expelling evil1 which abundantly illustrate the materialistic notions held about it1 have been treated by ,dr4 ,frazer with unrivalled learning 7,the ,golden ,bough71 iii4 #a sqq4 ,i have little doubt that the fire- and water-ceremonies1 once practised all over ,europe on a certain day every year1 belong to the same group of rites4 ,the best general explanation of these ,european fire-festivals1 says ,dr4 ,frazer 7ibid4 iii4 #cjj71 seems to be the one given by ,mannhardt1 namely1 that they are sun-charms or magical ceremonies intended to ensure a proper supply of sunshine for men1 animals1 and plants4 ,but it should be noticed that in ,europe1 as in ,morocco1 a purificatory purpose is expressly ascribed to them by the very persons by whom they are practised 7see ,frazer1 op4 cit4 iii4 #bch sqq471 that they alternate with lustration by water 7see ,grimm1 ,teutonic ,mythology1 ii4 #ehh sqq474 ,on the other hand1 in ,dr4 ,frazer's exhaustive description of these ceremonies ,i fail to discover a single fact which would make ,mannhardt's hypothesis at all probable4 ,dr4 ,frazer says 7op4 cit4 iii4 #cja71 ,the custom of rolling a burning wheel down a hillside1 which is often observed at these times1 seems a very natural imitation of the sun's course in the sky4 ,to me it appears as a method of distributing the purificatory energy over the fields or vineyards4 ,notice1 for instance1 the following statements3--,in the ,rhon ,mountains1 ,bavaria1 a wheel wrapt in combustibles1 was kindled and rolled down the hill2 and the young people rushed about the fields with their burning torches and brooms4 4 4 4 ,in neighbouring villages of ,hesse 4 4 4 it is thought that wherever the burning wheels roll1 the fields will be safe from hail and storm 7ibid4 iii4 #bdc sq474 ,at ,volkmarsen1 in ,hesse1 in some places tar-barrels or wheels wrapt in straw used to be set on fire1 and then sent rolling down the hillside4 ,in others the boys light torches and whisps of straw at the bonfires and rush about brandishing them in their hands 7ibid4 iii4 #bed74 ,in ,mnsterland1 boys with blazing bundles of straw run over the fields to make them fruitful 7ibid4 iii4 #bee74 ,dr4 ,frazer says 7ibid4 iii4 #cja71 ,the custom of throwing blazing discs1 shaped liked suns1 into the air is probably also a piece of imitative magic4 ,but why should it not1 in conformity with other practices1 be regarded as a means of purifying the air8 ,according to old writers1 the object of ,midsummer fires was to disperse the aerial dragons 7ibid4 iii4 #bfg74 ,it would carry me too far from my subject to enter into further details4 ,i have dealt with the matter in my article ',midsummer ,customs in ,morocco4' in ,folk-,lore1 xvi4 #bg-dg4 ,footnote #bja3 ,grimm1 ,teutonic ,mythology1 ii4 #fbc4 ,closely connected with the primitive conception of sin1 is that of a curse4 ,in fact1 the injurious energy attributed to a sinful act1 is in many cases obviously due to the curse of a god4 ,the curse is looked upon as a baneful substance1 as a miasma which injures or destroys anybody to whom it cleaves4 ,the curse of ,moses was said to lie on mount ,ebal1 ready to descend with punishments whenever there was an occasion for it4#bjb ,the ,arabs1 when being cursed1 sometimes lay themselves down on the ground so that the curse1 instead of hitting them1 may fly over their bodies4#bjc ,according to ,teutonic notions1 curses alight1 settle1 cling1 they take flight1 and turn home as birds to their nests4#bjd ,it is the vulgar opinion in ,ireland that a curse once uttered must alight on something3 it will float in the air seven years1 and may descend any moment on the party it was aimed at2 if his guardian angel but forsake him1 it takes forthwith the shape of some misfortune1 sickness or temptation1 and strikes his devoted head4#bje ,we shall later on see that curses are communicated through material media4 ,in some parts of ,morocco1 if a man is not powerful enough to avenge an infringement on his marriage-bed1 he leaves seven tufts of hair on his head and goes to another tribe to ask for help4 ,this is l-7r1 a conditional curse1 which is first seated in the tufts1 and #eh from there transferred to those whom he invokes4 ,similarly1 a person under the vow of blood-revenge lets his hair grow until he has fulfilled his vow4 ,the oath clings to his hair1 and will fall upon his head if he violates it4#bjf ,footnote #bjb3 ,deuteronomy1 xi4 #bi4 ,footnote #bjc3 ,goldziher1 ,abhandlungen zur arabischen ,philologie1 i4 #bi4 ,wellhausen1 ,reste arabischen ,heidentums1 p4 #aci1 n4 #d4 ,footnote #bjd3 ,grimm1 op4 cit4 iv4 #afij4 ,footnote #bje3 ,ibid4 iii4 #abbg4 ,wood-,martin1 ,traces of the ,elder ,faiths of ,ireland ii1 #eg sq4 ,footnote #bjf3 ,the same practice prevailed among the ancient ,arabs 7,wellhausen1 op4 cit4 p4 #abb71 and some other cases are recorded by ,dr4 ,frazer 7op4 cit4 i4 #cgj sq474 ,i cannot accept ,wellhausen's explanation 7op4 cit4 p4 #abd7 that the hair is allowed to grow for the purpose of being sacrificed when the vow is fulfilled4 ,generally1 a curse follows the course which is indicated by the curser4 ,but it does not do so in every case1 and it has a tendency to spread4 ,in ancient ,india#bjg and among the ,arabs#bjh and ,hebrews1#bji there was a belief that a curse1 especially if it was undeserved1 might fall back on the head of him who uttered it4 ,the same belief prevailed1 or still prevails1 among the ,irish2#baj so1 also1 according to an ,english proverb1 curses1 like chickens1 come home to roost4 ,according to ,plato1 the curse of a father or mother taints everything with which it comes in contact4 ,any one who is found guilty of assaulting a parent1 shall be for ever banished from the city into the country1 and shall abstain from the temples2 and if any freeman eat or drink1 or have any other sort of intercourse with him1 or only meeting him have voluntarily touched him1 he shall not enter into any temple1 nor into the agora1 nor into the city1 until he is purified2 for he should consider that he has become tainted by a curse4#baa ,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 commonwealth1 if a wicked1 godless1 and forsworn person should have the charge and superintendence of the prayers1 vows1 and sacrifices made on behalf of the city4#bab ,the ,romans believed that certain horrid imprecations had such power1 that not only the object of them never escaped their influence1 but that the person who used them also was sure #ei to be unhappy4#bac ,among the ,arinzes1 an oath is reckoned a terrible thing3--,they do not suffer a person1 who has been under the necessity of expurgating himself in so dreadful a manner1 to remain among them3 he is sent into exile4#bad ,according to ,bedouin notions1 a solemn oath should only be taken at a certain distance from the camp1 because the magical nature of the oath might prove pernicious to the general body of ,arabs1 were it to take place in their vicinity4#bae ,to take an oath of any sort1 says ,burckhardt1 is always a matter of great concern among the ,bedouins4 ,it seems as if they attached to an oath consequences of a supernatural kind4 4 4 4 ,a ,bedouin1 even in defence of his own right1 will seldom be persuaded to take a solemn oath before a kadhy1 or before the tomb of a sheikh or saint1 as they are sometimes required to do2 and would rather forfeit a small sum than expose himself to the dreaded consequences of an oath4#baf ,exactly the same holds good for the ,moors4 ,the conditional self-curse is supposed in some degree to pollute the swearer even though the condition referred to in the oath be only imaginary1 in other words1 though he do not perjure himself4 ,this1 ,i think1 is the reason why1 among the ,berbers in the ,south of ,morocco1 persons who have been wrongly accused of a crime1 sometimes entirely undress themselves in the sanctuary where they are going to swear4 ,they believe that1 if they do so1 the saint will punish the accuser2 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 themselves4 ,they say that it is bad not only to swear1 but even to be present when an oath is taken by somebody else4 ,and at ,demnat1 in the ,great ,atlas1 ,i was told that when a person has made oath at a shrine1 he avoids going back to his house the same way as he came1 since otherwise1 at least if he #fj has sworn false1 his family as well as himself would have to suffer4 ,footnote #bjg3 ,atharva-,veda1 ii4 #g4 #e4 ,footnote #bjh3 ,goldziher1 ,abhandlungen1 i4 #ch sq4 ,footnote #bji3 ,ecclesiasticus1 xxi4 #bg4 ,footnote #baj3 ,wood-,martin1 op4 cit4 ii4 #eg sq4 ,footnote #baa3 ,plato1 ,leges1 ix4 #hha4 ,footnote #bab3 ,plutarch1 ,questiones ,romanae1 #dd4 ,footnote #bac3 ,idem1 ,vita ,cassi1 #af4 ,footnote #bad3 ,georgi1 op4 cit4 iii4 #ed sq4 ,footnote #bae3 ,burckhardt1 ,bedouins and ,wahbys1 p4 #gc4 ,footnote #baf3 ,ibid4 p4 #afe4 ,if a curse is infectious1 it is naturally liable to contaminate those who derive their origin from the infected individual4 ,the house of ,glaucus was utterly extirpated from ,sparta1 in accordance with the words of the oracle1 ,there is a nameless son of the ,oath-god who has neither hands nor feet2 he pursues swiftly1 until1 having seized1 he destroys the whole race1 and all the house4#bag ,so1 too1 the ,erinyes visited the sins of the fathers even on the children and grandchildren2#bah and the ,erinyes were originally only personifications of curses4#bai ,it is said in the ,ecclesiasticus3--,a man that useth much swearing shall be filled with iniquity1 and the plague shall never depart from his house4 4 4 4 ,if he swear in vain1 he shall not be innocent1 but his house shall be full of calamities4#bbj ,casalis remarks of the ,basutos1 that the dreadful consequences that the curse of ,noah has had for ,ham and his descendants appear quite natural to these people4#bba ,the ,dharkr and ,majhwr in ,mirzapur1 believe that a person who forswears himself will lose his property and his children2#bbb but as we do not know the contents of the oath1 it is possible that the destruction of the latter is not ascribed to mere contagion1 but is expressly imprecated on them by the swearer4#bbc ,among the ,rejangs of ,sumatra1 #fa any accident that happens to a man1 who has been known to take a false oath1 or to his children or grandchildren1 is carefully recorded in memory1 and attributed to this sole cause4#bbd ,among the ,karens the following story is told3--,anciently there was a man who had ten children1 and he cursed one of his brethren1 who had done him no injury2 but the curse did the man no harm1 and he did not die4 ,then the curse returned to the man who sent it1 and all his ten children died4#bbe ,the ,moors are fond of cursing each other's father or mother1 or grandfather1 or grandfather's father1 such a curse being understood to involve their descendants as well4 ,the ,rev4 ,r4 ,taylor says of the ,maoris1 ,to bid you go and cook your father would be a great curse1 but to tell a person to go and cook his great-grandfather would be far worse1 because it included every individual who has sprung from him4#bbf ,footnote #bag3 ,herodotus1 vi4 #hf4 ,cf4 ,hesiod1 ,opera et dies1 #bhb sqq4 ,footnote #bah3 ,aeschylus1 ,eumenides1 #icd sqq4 ,footnote #bai3 ,aeschylus 7,eumenides1 #daf sq47 expressly designates the ,erinyes by the title of curses 7,greek3 a7rai71 and ,pausanias derives the name ,erinys from an ,arcadian word signifying a fit of anger4 ,cf4 von ,lasaulx1 ',der fluch bei ,griechen und ,rmern1' in ,verzeichnis der ,vorlesungen an der ,julius-,maximilians-,universitaet zu ,wrzburg im ,sommer-,semester #ahdc1 p4 #h2 ,mller1 ,dissertations on the ,eumenides of ,aeschylus1 p4 #aee sqq42 ,rohde1 ',paralipomena1' in ,rheinisches ,museum fr ,philologie1 #ahie1 p4 #af sq4 ,footnote #bbj3 ,ecclesiasticus1 xxiii4 #aa4 ,cf4 ibid4 xli4 #e sqq42 ,wisdom of ,solomon1 iii4 #ab sq41 xii4 #aa4 ,footnote #bba3 ,casalis1 ,basutos1 p4 #cje4 ,footnote #bbb3 ,crooke1 ,tribes and ,castes of the ,north-,western ,provinces and ,oudh1 ii4 #bhg2 iii4 #ddd4 ,cf4 ibid4 i4 #acb4 ,footnote #bbc3 ,among these tribes it is usual to swear by putting a bamboo on the head1 or touching a broad-sword1 touching the feet of a ,brhman1 holding a cow's tail1 touching ,ganges water4 ,but among many of the other tribes described by ,mr4 ,crooke1 persons swear on the heads of their children 7ibid4 i4 #aa1 #acj1 #agb2 ii4 #if1 #ach1 #cci1 #ceg2 iii4 #dj1 #aac1 #bea1 #bfb2 iv4 #ce71 or with a son or grandson in the arms 7ibid4 ii4 #dbh71 and in such cases the death of the child would naturally be expected to follow perjury as a direct result of it4 ,among the ,kol1 the usual form of an oath is1 ,may my children die if ,i lie 7ibid4 iii4 #cac74 ,footnote #bbd3 ,marsden1 ,history of ,sumatra1 p4 #bdj4 ,footnote #bbe3 ,mason1 in ,jour4 ,asiatic ,soc4 ,bengal1 xxxvii4 pt4 ii4 #acg4 ,footnote #bbf3 ,taylor1 ,te ,ika a ,maui1 p4 #bjh4 ,thus1 from the conception that sins and curses are contagious it follows that an innocent person may have to suffer for the sin of another4 ,his suffering does not necessarily relieve the sinner from punishment2 sin1 like an infectious disease1 may spread without vacating the seat of infection4 ,but1 as we have seen1 it may also be transferred1 and sin-transference involves vicarious suffering4 ,at the same time1 this kind of vicarious suffering must not be confounded with vicarious expiatory sacrifice4 ,as a general rule1 the scapegoat is driven or cast away1 not killed4 ,the exceptions to this rule seem to be due to two different causes4 ,on the one hand1 the scapegoat may be chased to death1 or perhaps be pushed over a precipice1#bbg for the sake of ridding the community as #fb effectively as possible of the evils loaded on the victim4 ,thus the ,bhotiys of ,juhr take a dog1 make him drunk1 and having fed him with sweetmeats1 lead him round the village and let him loose4 ,they then chase and kill him with sticks and stones1 and believe that by so doing no disease or misfortune will visit the village during the year4#bbh ,on the other hand1 the transference of evil may be combined with a sacrifice4 ,but of such a combination only a few instances are recorded1 and most of them are ambiguous4 ,considering further that in these cases1 or at least in the best known of them1 the act of transference takes place after the victim has been killed1 it seems to me extremely probable that we have here to do with a fusion of two distinct rites into one1 and that the victim is not offered up as a sacrifice in its capacity of a scapegoat1 but1 once sacrificed1 has been made use of as a conductor for all the evils with which the people are beset4 ,footnote #bbg3 ,according to the ,mishna1 the ,hebrew scapegoat was not allowed to go free in the wilderness1 but was killed by being pushed over a precipice 7,robertson ,smith1 ,religion of the ,semites1 p4 #dah74 ,see also the ambiguous passage in ,servius1 ,in ,virgilii ,aeneidos1 iii4 #eg4 ,footnote #bbh3 ,atkinson1 ',notes on the ,history of ,religion in the ,himlaya of the ,n4,w4 ,provinces1' in ,jour4 ,asiatic ,soc4 ,bengal1 liii4 pt4 i4 #fb4 ,in his list of scapegoats1 ,dr4 ,frazer refers to a case of human sacrifice witnessed by the ,rev4 ,j4 ,c4 ,taylor at ,onitsha1 on the ,niger4#bbi ,a young woman was drawn1 with her face to the earth1 from the king's house to the river4 ,as the people drew her along1 they cried1 ,wickedness6 ,wickedness6 so as to notify to the passers-by to screen themselves from witnessing the dismal scene4 ,the sacrifice was to take away the iniquities of the land4 ,the body was dragged along in a merciless manner as if the weight of all their wickedness were thus carried away2 and it was finally drowned in the river4 ,our informant also heard that there was a man killed1 as a sacrifice for the sins of the king4 ,thus two human beings were offered as sacrifices1 to propitiate their heathen deities1 thinking that they would thus atone for the individual sins of those who had broken ,god's laws during the past year4 4 4 4 ,those who had fallen into gross sins during the past year--such as incendiarisms1 thefts1 fornications1 adulteries1 witchcrafts1 incests1 slanders1 c4--were expected to pay in twenty-eight ngugus1 or #b #js4 #g;d41 as a fine2 and this money was taken into the interior1 to purchase two sickly persons1 to be #fc offered as a sacrifice for all these abominable crimes--one for the land1 and one for the river4#bcj ,as will be seen in a following chapter1 human sacrifices to rivers are very common in the ,niger country4 ,in the cases mentioned by the ,english missionary1 the idea of vicarious expiation is obvious4 ,but ,i find no evidence of actual sin-transference4 ,footnote #bbi3 ,frazer1 op4 cit4 iii4 #aji sq4 ,footnote #bcj3 ,crowther and ,taylor1 ,gospel on the ,banks of the ,niger1 p4 #cdd sq4 ,dr4 ,frazer further mentions a custom which1 according to ,strabo1 prevailed among the ,albanians of the ,eastern ,caucasus4#bca ,in the temple of the ,moon they kept a number of sacred slaves1 of whom many were inspired and prophesied4 ,when one of these men exhibited more than usual symptoms of inspiration or insanity1 the high priest had him bound with a sacred chain and maintained him in luxury for a year4 ,at the end of the year he was anointed with unguents and led forth to be sacrificed4 ,a man thrust a sacred spear into his side1 piercing his heart4 ,from the manner in which the victim fell1 omens were drawn as to the welfare of the commonwealth4 ,then the body was carried to a certain spot where all the people stood upon it as a purificatory ceremony4#bcb ,dr4 ,frazer maintains that the last circumstance clearly indicates that the sins of the people were transferred to the victim1 just as the ,jewish priest transferred the sins of the people to the scapegoat by laying his hand on the animal's head4#bcc ,so it may be1 although1 in my opinion1 the purificatory ceremony described by ,strabo also allows of another interpretation4 ,the victim was evidently held to be saturated with magic energy2 this is commonly the case with men1 or animals1 or even inanimate things1 that are offered in sacrifice1 and in the present instance the man was regarded as holy already1 long before he was slain4 ,to stand on the corpse1 then1 might have been regarded as purifying in consequence of the benign virtue inherent in it1 just as1 according to ,muhammedan notions1 contact with a saint cures disease1 not by transferring it to the saint1 but by annihilating it or expelling it from the body of the patient4 ,but whether the ceremony in question involved the idea of sin-transference or not1 there is no indication that the sacrifice of the slave was of an expiatory character4 ,the same may be said both of the ,egyptian sacrifice of a bull1 mentioned by ,herodotus1 and of the white dog sacrifice performed by the ,iroquois4 ,the ,egyptians first invoked the god and slew the bull4 ,they then cut off his head and flayed the body4 ,next #fd they took the head1 and heaped imprecations on it1 praying that1 if any evil was impending either over those who sacrificed or over the land of ,egypt1 it might be made to fall upon that head4 ,and finally1 they either sold the head to ,greek traders or threw it into the river#bcd--which shows that the real scapegoat1 the head1 was not regarded as a sacrifice to the god4 ,among the ,iroquois1 also1 the victims were slain before the sins of the people were transferred to them4 ,according to ,hale's and ,morgan's accounts of this rite1 which have reference to different tribes of the ,iroquois1 no mention of sin-transference is made in the hymn which accompanied the sacrifice4#bce ,only blessings were invoked4 ,this was the beginning of the chant3--,now we are about to offer this victim adorned for the sacrifice1 in hope that the act will be pleasing and acceptable to the ,all-,ruler1 and that he will so adorn his children1 the red men1 with his blessings1 when they appear before him4#bcf ,mr4 ,morgan even denies that the burning of the dog had the slightest connection with the sins of the people1 and states that in the religious system of the ,iroquois1 there is no recognition of the doctrine of atonement for sin1 or of the absolution or forgiveness of sins4#bcg ,footnote #bca3 ,frazer1 op4 cit4 iii4 #aab sq4 ,footnote #bcb3 ,strabo1 xi4 #d4 #g4 ,footnote #bcc3 ,frazer1 op4 cit4 iii4 #aac4 ,footnote #bcd3 ,herodotus1 ii4 #ci4 ,footnote #bce3 ,hale1 in ,american ,antiquarian1 vii4 #aj sqq4 ,morgan1 ,league of the ,iroquois1 p4 #bag sq4 ,footnote #bcf3 ,hale1 loc4 cit4 p4 #aj4 ,footnote #bcg3 ,morgan1 op4 cit4 p4 #baf4 ,i think we can see the reason why1 in some cases1 a sacrificial victim is used as scapegoat4 ,the transference of sins or evils is not looked upon as a mere natural process1 it can hardly be accomplished without the aid of mysterious1 magic energy4 ,among the ,berbers of ,ait ,zelt4n1 in ,southern ,morocco1 sick people used to visit a miracle-working wild olive-tree1 growing in the immediate vicinity of the supposed grave of ,sdi ,butlla4 ,they there relieve themselves of their complaints by tying a woollen string to one of its branches2 in case of headache the patient previously winds the string three times round the top of his head1 whilst1 in case of fever1 he spits on the string1 and1 when tying it to the tree1 says1 ,i left my fever in thee1 ,o wild olive-tree4 ,he believes that he may thus transfer his disease to this tree because there is baraka1 benign virtue1 in it2 he would not expect to be cured #fe by tying the string to any ordinary tree4 ,this illustrates a principle of probably world-wide application4 ,in ,morocco1 and1 ,i presume1 in other countries where disease-transference is believed in1 rags tied to a tree are a sure indication that the tree is regarded as holy4 ,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 other4 ,among the ,hebrews1 it took place on the ,day of ,atonement only1 and the act was performed by the high-priest4#bch ,among the ,iroquois1 it was by a kind of magic that the sins of the people were worked into the white dogs2#bci and that the animals themselves were held to be charged with supernatural energy1 appears from the fact that1 according to one account1 the ashes of the pyre on which one of them was burnt were gathered up1 carried through the village1 and sprinkled at the door of every house4#bdj ,considering1 then1 that sacrificial victims1 owing to their close contact with the deities to whom they are offered1 are held more or less sacred1 the idea of employing them as scapegoats is certainly near at hand4 ,but this does not make the sacrifice expiatory4 ,in fact1 ,i know of no instance of an expiatory sacrifice being connected with a ceremony of sin-transference4 ,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 god4 ,footnote #bch3 ,leviticus1 xvi4 #ba4 ,footnote #bci3 ,seaver1 op4 cit4 p4 #afj4 ,footnote #bdj3 ,beauchamp1 loc4 cit4 p4 #bci4 ,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 offered4 ,in various cases the offended god is thought to be appeased only by the death of a man4 ,but it is not always necessary that the victim should be the actual offender4 ,the death of a substitute may expiate his guilt4 ,the expiatory sacrifice may be vicarious4 ,we shall see1 in a subsequent chapter1 that1 as a general #ff rule1 human victims are sacrificed for the purpose of saving the lives of the sacrificers3 before the beginning of a battle or during a siege1 previously to a dangerous sea-expedition1 during epidemics1 famines1 or on other similar occasions1 when murderous designs are attributed to some superhuman being on whose will the lives of men are supposed to depend4 ,but these sacrifices are not always expiatory in nature4 ,a god may desire to cause the death of men not only because he is offended1 but because he delights in human flesh1 or because he wants human attendants1 or--no one knows exactly why4 ,it is impossible to find out in each particular case whether the sacrifice is meant to be an expiation or not2 it is not certain that the sacrificers know it themselves4 ,yet in many instances there can be no doubt that its object is to serve as a vicarious atonement4 ,in ,eastern ,central ,africa1 if a freeman were to set fire to the grass or reeds beside a lake1 and cause a great conflagration close to the chosen abode of the deity1 he is liable to be offered up to the god that is thus annoyed1 but if he be the owner of many slaves he can easily redeem himself by offering one of them in his place4#bda ,the ,ojibways1 it is said1 were once visited with an epidemic1 which they regarded as a divine punishment sent them on account of their wickedness2 and when all other efforts failed1 it was decided that the most beautiful girl of the tribe should enter a canoe1 push into the channel just above the ,sault1 and throw away her paddle4#bdb ,in ,boeotia1 a drunken man having killed a priest of ,dionysus ,aegobolus1 and a pestilence having broken out immediately after1 the calamity was regarded as a judgment on the people for the sacrilege1 and the oracle of ,delphi ordered them to expiate it by sacrificing to the god a blooming boy4#bdc ,in his work on the ,jews1 ,philo of ,byblus states that it was the custom among the ancients in cases of great dangers1 that the rulers of a city or a nation1 in order to avert universal destruction1 should give the dearest of their children to be killed as a ransom offered to avenging demons4#bdd ,the idea that sins could be expiated by the death of one who #fg had not deserved it1 was familiar to the ,hebrews4 ,it was said that the death of the righteous makes atonement4#bde ,the passage in ,isaiah liii4 #ab was interpreted of ,moses1 who poured out his soul unto death#bdf and was numbered with the transgressors 7the generation that died in the wilderness7 and bare the sin of many that he might atone for the sin of the golden calf4#bdg ,ezekiel suffered that he might wipe out the transgressions of ,israel4#bdh ,and of the ,maccabaean martyrs it is said1 ,having become as it were a vicarious expiation for the sins of the nation1 and through the blood of those godly men and their atoning death1 divine providence saved ,israel which had before been evil entreated4#bdi ,in these cases1 of course1 there was no sacrifice in the proper sense of the term1 but they obviously illustrate the same characteristic of the divine mind4 ,in fact1 the death of ,christ1 by which he atoned and obliterated the sins of all ages1 was conceived as a sacrifice1 or spoken of in sacrificial figures4#bej ,footnote #bda3 ,macdonald1 ,africana1 i4 #if sq4 ,footnote #bdb3 ,dorman1 ,origin of ,primitive ,superstitions1 p4 #bjh4 ,footnote #bdc3 ,pausanias1 ix4 #h4 #b4 ,footnote #bdd3 ,eusebius1 ,praeparatio ,evangelica1 i4 #aj4 #dj 7,migne1 ,patrologia1 ,ser4 ,gr4 xxi4 #he74 ,footnote #bde3 ,moore1 in ,cheyne and ,black1 ,encyclopaedia ,biblica1 iv4 #dbbf4 ,footnote #bdf3 ,exodus1 xxxii4 #cb4 ,footnote #bdg3 ,sot4ah1 #ad ,a1 quoted by ,moore1 loc4 cit4 col4 #dbbf4 ,footnote #bdh3 ,sanhedrin1 #ci ,a1 quoted ibid4 col4 #dbbf4 ,footnote #bdi3 #d ,maccabaeans1 xvii4 #bb1 quoted ibid4 col4 #dbcb4 ,footnote #bej3 ,see ,moore1 loc4 cit4 col4 #dbbi sqq4 ,it is said that1 according to early ideas1 it did not essentially concern divine justice that the punishment of faults committed should fall precisely on the guilty2 what did concern it was that it should fall on some one1 that it should have its accomplishment4#bea ,men1 we are told1 could not fail to discern that a transgression produces suffering as its consequence1 and1 seeing this1 they associate suffering with the expiation of sin1 and1 in atoning for their transgressions1 they mark their contrition by the suffering which they inflict vicariously on the victim4 ,they argue thus3 ',i have broken a law of ,god4 ,god exacts pain as a consequence of such a breach4 ,i will therefore slay this lamb1 and its sufferings shall make the atonement requisite4'#beb ,but1 so far as ,i can see1 this interpretation of the idea of vicarious expiation is not supported by facts4 ,the victim whose suffering or death is calculated to appease the wrathful god is not anybody #fh at random1 whosoever he may be4 ,he is a representative of the community which has incurred the anger of the god1 and is accepted as a substitute on the principle of social solidarity4 ,so1 also1 according to the ,western ,church1 ,christ discharged the punishment due to the sins of mankind and propitiated the justice of his ,father1 in his capacity of a man1 as a representative of the human race2 whereas in the ,east1 where it was maintained that the deity suffered 7though he suffered through the human nature which he had made his own71 the idea of substitution could hardly take root1 since1 as ,harnack remarks1 the dying ,god-man really represented no one4#bec ,the ,greek ,church regarded the death of ,christ as a ransom for mankind paid to the devil1 and this doctrine was also accepted by the most important of the ,western ,fathers1 although it flatly contradicted their own theory of atonement4#bed ,there can be no doubt that expiatory sacrifices are frequently offered as ransoms1 in other words1 that the god or demon is supposed to be appeased1 not by the suffering of the victim1 but by the gift4 ,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 custom1--and something similar is naturally believed to be the case with gods4 ,from this point of view1 of course1 it is not necessary that the victim should be a person who is connected with the offender by ties of social solidarity1 although he may still be regarded as in a way a substitute4 ,he may be an alien or a slave2 or animals or inanimate things may be offered to expiate the sins of men4 ,among the ,dacotahs1 for the expiation of sins or crimes a sacrifice is made of some kind of an animal4#bee ,of the ,melanesian sacrifices1 says ,dr4 ,codrington1 some are propitiatory1 substituting an animal for the person who has offended4#bef ,the ,shnrs of ,tinnevelly offer up a #fi goat1 a sheep1 or a fowl1 in order to appease the angry demon1 and induce him to remove the evil he has inflicted1 or abstain from the infliction he may meditate4#beg ,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 punishment4 ,of the ,hebrew sin-offering1 ,professor ,kuenen aptly remarks3--#beh;,according to the ,israelite's notion1 ,yahveh in his clemency permits the soul of the animal sacrificed to take the place of that of the sacrificer4 ,no transfer of guilt to the animal sacrificed takes place3 the blood of the latter is clean and remains so1 as is evident from the very fact that this blood is put upon the altar2 it is a token of mercy on ,yahveh's part that he accepts it4 4 4 4 ,nor can it be asserted that the animal sacrificed undergoes the punishment in the place of the transgressor3 this is said nowhere1 and therefore1 in any case1 gives another1 more sharply defined idea than that which the ,israelite must have formed for himself2 moreover1 it is irreconcilable with the rule that the indigent may bring the tenth part of an ephah of fine flour as a sin-offering4#bei ,it should also be noticed that a purifying effect was ascribed to contact with the victim's blood3 the high priest should put or sprinkle some blood upon the altar and cleanse it1 and hallow it from the uncleanness of the children of ,israel4#bfj ,footnote #bea3 ,rville1 ,prolegomena of the ,history of ,religions1 p4 #ace4 ,footnote #beb3 ,baring-,gould1 ,origin and ,development of ,religious ,belief1 i4 #chg sq4 ,footnote #bec3 ,harnack1 op4 cit4 iii4 #cab sqq4 ,footnote #bed3 ,ibid4 iii4 #cjg1 #cae n4 #b4 ,footnote #bee3 ,schoolcraft1 ,indian ,tribes of the ,united ,states1 ii4 #aif4 ,footnote #bef3 ,codrington1 ,melanesians1 p4 #abg4 ,footnote #beg3 ,percival1 ,land of the ,veda1 p4 #cji sq4 ,cf4 ,caldwell1 ,tinnevelly ,shnrs1 p4 #cg4 ,footnote #beh3 ,kuenen1 ,religion of ,israel1 ii4 #bff sq4 ,footnote #bei3 ,leviticus1 v4 #aa sqq4 ,footnote #bfj3 ,ibid4 xvi4 #ah sq4 ,to sum up3--,the fact that punishments for offences are frequently inflicted1 or are supposed to be inflicted1 by men or gods upon individuals who have not committed those offences1 is explicable from circumstances which in no way clash with our thesis that moral indignation is1 in its essence1 directed towards the assumed cause of inflicted pain4 ,in many cases the victim1 in accordance with the doctrine of collective responsibility1 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 #gj representative of an offending community4 ,in other cases1 he is supposed to be polluted by a sin or a curse1 owing to the contagious nature of sins and curses4 ,the principle of social solidarity also accounts for the efficacy ascribed to vicarious expiatory sacrifices2 but in many instances expiatory sacrifices only have the character of a ransom or bribe4 ,and whilst thus our thesis as to the true direction of moral indignation is not in the least invalidated by facts1 apparently1 but only apparently1 contradictory1 it is1 on the other hand1 strongly supported by the protest which the moral consciousness1 when sufficiently guided by discrimination and sympathy1 enters against the infliction of penal suffering upon the guiltless4 ,such a protest is heard from various quarters1 both with reference to human justice and with reference to the resentment of gods4 ,confucius taught that the vices of a father should not discredit a virtuous son4#bfa ,plato lays down the rule that the disgrace and punishment of the father is not to be visited on the children2 on the contrary1 he says1 if the children of a criminal who has been punished capitally avoid the wrongs of their father1 they shall have glory1 and honourable mention shall be made of them1 as having nobly and manfully escaped out of evil into good4#bfb ,according to ,roman law1 crimen vel poena paterna nullam maculam filio infligere potest4#bfc ,nothing1 says ,seneca1 is more unjust than that any one should inherit the quarrels of his father4#bfd ,the ,deuteronomist enjoins1 ,the fathers shall not be put to death for the children1 neither shall the children be put to death for the fathers3 every man shall be put to death for his own #ga sin4#bfe ,lawgivers have been anxious to restrict the blood-feud to the actual culprit4 ,the ,koran forbids the avenger of blood to kill any other person than the manslayer himself4#bff ,in ,england1 according to a law of ,edmund1 the feud was not to be prosecuted against the kindred of the slayer1 unless they made his misdeed their own by harbouring him4#bfg ,so1 also1 in ,sweden1 in the thirteenth century1 the blood feud was limited by law to the guilty individual2#bfh and we meet with a similar restriction in ,slavonic law-books4#bfi ,footnote #bfa3 ,lun ,y1 vi4 #d4 ,cf4 ,thi-,shang #d4 ,footnote #bfb3 ,plato1 ,leges1 ix4 #hed sqq4 ,plato makes an exception for those whose fathers1 grandfathers1 and great-grandfathers have successively undergone the penalty of death3 ,such persons the city shall send away with all their possessions to the city and country of their ancestors1 retaining only and wholly their appointed lot 7ibid4 ix4 #hef74 ,but this enactment had no doubt a purely utilitarian foundation1 the offspring of a thoroughly wicked family being considered a danger to the city4 ,footnote #bfc3 ,digesta1 xlviii4 #ai4 #bf4 ,cf4 ibid4 xlviii4 #ai4 #bj4 ,footnote #bfd3 ,seneca1 ,de ira1 ii4 #cd4 ,cf4 ,cicero1 ,de officiis1 i4 #be4 ,footnote #bfe3 ,deuteronomy1 xxiv4 #af4 ,cf4 #b ,kings xiv4 #f4 ,footnote #bff3 ,koran1 xvii4 #ce4 ,footnote #bfg3 ,laws of ,edmund1 ii4 #a4 ,footnote #bfh3 ,nordstrm1 ,bidrag till den svenska samhlls-frfattningens historia1 ii4 #ajc1 #ccd1 #cce1 #cii4 ,wilda1 op4 cit4 p4 #agd4 ,footnote #bfi3 ,kovalewsky1 ,coutume contemporaine1 p4 #bdh4 ,in ,montenegro it was enjoined by ,daniel ,i4 7,post1 ,anfnge des ,staats- und ,rechtsleben1 p4 #aha74 ,passing to the vengeance of gods3 according to the ,atharva-,veda1 ,agni1 who forgives sin committed through folly and averts ,varuna's wrath1 also frees from the consequence of a sin committed by a man's father or mother4#bgj ,theognis asks1 ,how1 ,o king of immortals1 is it just that whoso is aloof from unrighteous deeds1 holding no transgression1 nor sinful oath1 but being righteous1 should suffer what is not just8#bga ,according to ,bion1 the deity1 in punishing the children of the wicked for their fathers' crimes1 is more ridiculous than a doctor administering a potion to a son or grandson for a father's or grandfather's disease4#bgb ,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 guilt4#bgc ,the persons who prohibited the sons of such as had been proscribed by ,sylla1 from standing candidates for their fathers' honours1 and from being admitted into the senate1 were supposed to have been punished by the gods for this injustice3--,in process of time1 says ,dionysius of ,halicarnassus1 a blameless punishment1 the avenger of their crimes1 pursued #gb them1 by which they themselves were brought down from the greatest height of glory1 to the lowest degree of obscurity2 and none1 even1 of their race are now left1 but women4#bgd ,among the ,hebrews1 ,jeremiah and ,ezekiel broke with the old notion of divine vengeance4 ,the law of individual responsibility1 which had already previously been laid down as a principle of human justice1 was to be extended to the sphere of religion4#bge ,every one shall die for his own iniquity3 every man that eateth the sour grape1 his teeth shall be set on edge4#bgf ,the soul that sinneth1 it shall die4 ,the son shall not bear the iniquity of the father1 neither shall the father bear the iniquity of the son3 the righteousness of the righteous shall be upon him1 and the wickedness of the wicked shall be upon him4#bgg ,footnote #bgj3 ,atharva-,veda1 v4 #cj4 #d4 ,cf4 ,macdonell1 ,vedic ,mythology1 p4 #ih4 ,footnote #bga3 ,theognis1 #gdc sqq4 ,footnote #bgb3 ,plutarch1 ,de sera numinis vindicta #ai4 ,cf4 ibid4 #ab2 ,cicero1 ,de natura ,deorum1 iii4 #ch4 ,footnote #bgc3 ,farnell1 op4 cit4 i4 #gg4 ,maine1 ,ancient ,law1 p4 #abg4 ,footnote #bgd3 ,dionysius of ,halicarnassus1 op4 cit4 viii4 #hj4 ,footnote #bge3 ,cf4 ,montefiore1 op4 cit4 p4 #bbj2 ,kuenen1 op4 cit4 ii4 #ce sq4 ,footnote #bgf3 ,jeremiah1 xxxi4 #cj4 ,footnote #bgg3 ,ezekiel1 xviii4 #bj4 ,for ,talmudic views1 see ,deutsch1 ,literary ,remains1 p4 #eb4 ,,chapter ,,iii ,,the ,,nature ,,of ,,the ,,moral ,,emotions 7continued7 ,,it was said in the last chapter that moral disapproval is a sub-species of resentment1 and that resentment is1 in its essence1 an aggressive attitude of mind towards an assumed cause of pain4 ,it was shown that1 in the course of mental evolution1 the true direction of the hostile reaction involved in moral disapproval has become more apparent4 ,we shall now see that1 at the same time1 its aggressive character has become more disguised4 ,this is evidenced by the changed opinion about anger and revenge which we meet at the higher stages of moral development4 ,retaliation is condemned1 and forgiveness of injuries is laid down as a duty4 ,the rule that a person should be forbearing and kind to his enemy has no place in early ethics4 ,let those that speak evil of us perish4 ,let the enemy be clubbed1 swept away1 utterly destroyed1 piled in heaps4 ,let their teeth be broken4 ,may they fall headlong into a pit4 ,let us live1 and let our enemies perish4 ,such were the requests which generally concluded the prayers of the ,fijians4#a ,a savage would find nothing objectionable in them4 ,on the contrary1 he regards revenge as a duty1#b and forgiveness of enemies as a sign of weakness1 or cowardice1 or want of honour4#c ,nor #gd is this opinion restricted to the savage world4 ,in the ,old ,testament the spirit of vindictiveness pervades both the men and their god4 ,the last thing with which ,david on his death-bed charged ,solomon was to destroy an enemy whom he himself had spared4#d ,sirach counts among the nine causes of a man's happiness to see the fall of his enemy4#e ,the enemies of ,yahveh can expect no mercy from him1 but utter destruction is their lot4#f ,to do good to a friend and to do harm to an enemy was a maxim of the ancient ,scandinavians4#g ,it was taken for a matter of course by popular opinion in ,greece#h and ,rome4 ,according to ,aristotle1 it belongs to the courageous man never to be worsted2 to take revenge on a foe rather than to be reconciled is just1 and therefore honourable4#i ,cicero defines a good man as a person who serves whom he can1 and injures none except when provoked by injury4#aj ,except in domestic life and in the case of friends1 ,professor ,seeley observes1 people not only did not forgive their enemies1 but did not wish to do so1 nor think better of themselves for having done so4 ,that man considered himself fortunate who on his deathbed could say1 in reviewing his past life1 that no one had done more good to his friends or more mischief to his enemies4 ,this was the celebrated felicity of ,sulla2 this the crown of ,xenophon's panegyric on ,cyrus the ,younger4#aa ,footnote #a3 ,fison1 quoted by ,codrington1 ,melanesians1 p4 #adg1 n4 #a4 ,footnote #b3 ,see infra1 on ,blood-revenge4 ,footnote #c3 ,cf4 ,domenech1 ,great ,deserts of ,north ,america1 ii4 #ig1 #cch1 #dch 7,dacotahs72 ,boas1 first ,general ,report on the ,indians of ,british ,columbia1 p4 #ch2 ,baker1 ,albert ,n'yanza i4 #bdj sq4 7,latukas74 ,footnote #d3 #a ,kings1 ii4 #h sq4 ,footnote #e3 ,ecclesiasticus1 xxv4 #g4 ,footnote #f3 ,cf4 ,montefiore1 ,hibbert ,lectures1 p4 #dj4 ,footnote #g3 ,maurer1 ,bekehrung des ,norwegischen ,stammes1 ii4 #aed sq4 ,footnote #h3 ,maury1 ,histoire des religions de la ,grce antique1 i4 #chc4 ,schmidt1 ,ethik der alten ,griechen1 ii4 #cji sqq4 ,footnote #i3 ,aristotle1 ,rhetorica1 i4 #i4 #bd4 ,cf4 ,aeschylus1 ,choeophori1 #cji sqq42 ,plato1 ,meno1 p4 #ga2 ,xenophon1 ,memorabilia1 ii4 #f4 #ce4 ,footnote #aj3 ,cicero1 ,de officiis1 iii4 #ai4 iii4 #ai4 ,cf4 ibid4 ii4 #ad2 but cf4 also ibid4 i4 #be1 where it is said that nothing is more worthy of a great and a good man than placability and moderation4 ,footnote #aa3 ,seeley1 ,ecce ,homo1 p4 #bgc4 ,but side by side with the doctrine of resentment1 we meet1 among peoples of culture1 the doctrine of forgiveness4 ,recompense injury with kindness1 says ,lao-,tsze4#ab ,according to ,mencius1 a benevolent man does not lay up anger1 nor cherish resentment against his brother1 but only regards him with affection and love4#ac ,in the laws of ,manu the following rule is laid down for the twice-born man3--,against an angry man let him not in return show anger1 let him bless #ge when he is cursed4#ad ,it is said in the ,buddhistic ,dhammapada3 ,hatred does not cease by hatred at any time2 hatred ceases by love1 this is an old rule 4 4 4 4 ,among men who hate us we dwell free from hatred4 4 4 4 ,let a man overcome anger by love1 let him overcome evil by good2 let him overcome the greedy by liberality1 the liar by truth4#ae ,according to one of the ,pahlavi texts1 we ought not to indulge in wrathfulness2 wrath is one of the fiends besetting man1 and goodness is little in the mind of a man of wrath4#af ,footnote #ab3 ,to ,teh ,king1 ii4 #fc4 #a4 ,according to ,thi-,shang1 #d1 a bad man broods over resentment without ceasing4 ,footnote #ac3 ,mencius1 v4 #a4 #c4 #b4 ,footnote #ad3 ,laws of ,manu1 vi4 #dh4 ,cf4 ibid4 viii4 #cac2 ,monier-,williams1 ,indian ,wisdom1 pp4 #ddd1 #ddf2 ,muir1 ,additional ,moral and ,religious ,passages1 rendered from the ,sanskrit1 p4 #cj4 ,footnote #ae3 ,dhammapada1 i4 #e2 xv4 #aig2 xvii4 #bbc4 ,cf4 ,jataka ,tales1 i4 #bb2 ,oldenberg1 ,buddha1 p4 #bih4 ,footnote #af3 ,dn--,mang- ,khirad1 ii4 #af2 xli4 #aa2 xxxix4 #bf4 ,in ,leviticus hatred is condemned3--,thou shalt not hate thy brother in thine heart4 4 4 4 ,thou shalt not avenge1 nor bear any grudge against the children of thy people4#ag ,sirach1 whom ,i have already quoted1 says in another passage1 ,forgive thy neighbour the hurt that he has done unto thee1 so shall thy sins also be forgiven when thou prayest4#ah ,according to the ,talmud1 whosoever does not persecute them that persecute him1 whosoever takes an offence in silence1 he who does good because of love1 he who is cheerful under his sufferings they are the friends of ,god1 and of them the ,scripture says1 ,and they shall shine forth as does the sun at noon-day4#ai ,the ,koran1 whilst repeating the old rule1 an eye for an eye and a tooth for a tooth1#bj at the same time teaches that ,paradise is for those who repress their rage1 and those who pardon men2 ,god loves the kind4#ba ,muhammedan tradition puts the following words in the mouth of the ,prophet3--,say not1 if people do good to us1 we will do good to them1 and if people oppress us1 we will oppress them3 but resolve that if people do good to you1 you will do good to them1 and if they oppress you1 oppress them not again4#bb ,professor ,goldziher emphasises ,muhammed's opposition to the traditional rule of the ,arabs that an enemy is a proper object of hatred2#bc and ,syed ,ameer ,ali has collected various passages from the writings of ,muhammedan scholars1 which prove that1 #gf in spite of what has often been said to the contrary1 forgiveness of injuries is by no means foreign to the spirit of ,islam4#bd ,thus the author of the ,kashshf prescribes1 ,seek again him who drives you away2 give to him who takes away from you2 pardon him who injures you3 for ,god loveth that you should cast into the depth of your souls the roots of ,his perfections4#be ,that the sandal-tree perfumes the axe that fells it1 is a saying in everyday use among the ,muhammedans of ,india4#bf ,and ,lane often heard ,egyptians forgivingly say1 on receiving a blow from an equal1 ,god bless thee1 ,god requite thee good1 ,beat me again4#bg ,footnote #ag3 ,leviticus1 xix4 #ag sq4 ,cf4 ,exodus1 xxiii4 #d4 ,footnote #ah3 ,ecclesiasticus1 xxviii4 #b4 ,cf4 ibid4 x1 #f2 ,proverbs1 xxv4 #ba4 ,footnote #ai3 ,deutsch1 ,literary ,remains1 p4 #eh4 ,cf4 ,katz1 ,der wahre ,talmudjude1 p4 #aa1 sq4 ,footnote #bj3 ,koran1 ii4 #aij3 ,whoso transgresses against you1 transgress against him like as he transgressed against you4 ,footnote #ba3 ,ibid4 iii4 #abe4 ,cf4 ibid4 xxiii4 #ih2 xxiv4 #bb2 xli4 #cd4 ,footnote #bb3 ,lane-,poole1 ,speeches and ,table-,talk of ,mohammad1 p4 #adg4 ,footnote #bc3 ,goldziher1 ,mohammedanische ,studien1 i4 #ae sq4 ,footnote #bd3 ,ameer ,ali1 ,ethics of ,islam1 p4 #bf sqq4 ,footnote #be3 ,ibid4 p4 #g4 ,idem1 ,life and ,teachings of ,mohammed1 p4 #bhj4 ,footnote #bf3 ,poole1 ,studies in ,mohammedanism1 p4 #bbf4 ,footnote #bg3 ,lane1 ,modern ,egyptians1 p4 #cad sq4 ,the principles of forgiveness had also advocates in ,greece and ,rome4 ,in one of the ,platonic dialogues1 ,socrates says1 ,we ought not to retaliate or render evil for evil to any one1 whatever evil we may have suffered from him2 though he wisely adds that this opinion has never been held1 and never will be held1 by any considerable number of persons4#bh ,the ,stoics strongly condemned anger as unnatural and unreasonable4 ,mankind is born for mutual assistance1 anger for mutual ruin4#bi ,anger is a crime of the mind2 4 4 4 it often is even more criminal than the faults with which it is angry4#cj ,he is the best and purest who pardons others as if he sinned himself daily1 but avoids sinning as if he never pardoned4#ca ,if any one is angry with you1 meet his anger by returning benefits for it4#cb ,the cynic loves those who beat him4#cc ,footnote #bh3 ,plato1 ,crito1 p4 #di4 ,footnote #bi3 ,seneca1 ,de ira1 i4 #e4 ,footnote #cj3 ,ibid4 i4 #af2 ii4 #f4 ,footnote #ca3 ,pliny1 ,epistol1 ix4 #bb 7viii4 #bb74 ,footnote #cb3 ,seneca1 op4 cit4 ii4 #cd4 ,footnote #cc3 ,epictetus1 ,dissertationes1 iii4 #bb1 #ed4 ,forgiveness of enemies is thus by no means an exclusively ,christian tenet1 although it has never before or after been inculcated with the same emphasis as it was by ,jesus4 ,love your enemies2 bless them that curse you1 do good to them that hate you1 and pray for them which despitefully use you1 and persecute you4#cd ,when ,st4 ,peter asked1 ,lord1 how oft shall my brother sin against me1 and ,i forgive him8 till seven times8 ,jesus replied1 ,i say not unto thee1 ,until seven times3 but1 ,until seventy times seven1#ce--that is1 as often as he repeats the offence4 ,it would seem that ,jesus by these sentences expressly forbade men to avenge themselves1 or even #gg to feel resentment on their own behalf2 and so also he was understood by ,st4 ,paul4#cf ,footnote #cd3 ,st4 ,matthew1 v4 #dd4 ,cf4 ibid4 v4 #ci sq42 vi4 #ad sq42 ,st4 ,luke1 vi4 #bg sqq42 xvii4 #c sq42 ,st4 ,mark1 xi4 #be sq4 ,footnote #ce3 ,st4 ,matthew1 xviii4 #ba sq4 ,footnote #cf3 ,romans1 xii4 #ai sqq42 #a ,thessalonians1 v4 #ad sq42 ,colossians1 iii4 #ab sq4 ,the rule of retaliation and the rule of forgiveness1 however1 are not so radically opposed to each other as they appear to be4 ,what the latter condemns is1 in reality1 not every kind of resentment1 but non-moral resentment2 not impartial indignation1 but personal hatred4 ,it prohibits revenge1 but not punishment4 ,according to the ,laws of ,manu1 crime was so indispensably to be followed by punishment1 that if the king pardoned a thief or a perpetrator of violence1 instead of slaying or striking him1 the guilt fell on the king2#cg and if ,lao-tsze was an enemy to the infliction of any kind of suffering1 it was because he held that in a well-governed ,state the necessity for punishment could not arise1 as crime would cease to exist4#ch ,the ,chinese book1 ,merits and ,errors ,scrutinised1 which regards it as a merit to refrain from avenging an injury1 adds that1 if a man should omit to avenge the injuries of his parents1 it would become an error4#ci ,jesus was certainly not free from righteous indignation4 ,it does not appear that he ever forgave the legalists who sinned against the kingdom of ,god1 and he told his disciples that1 if a brother who had trespassed against his brother neglected to hear the church1 he should be looked upon as a heathen and a publican4#dj ,christian writers have laid much stress upon the circumstance that ,jesus enjoined men to forgive their own enemies1 but not to abstain from resenting injuries done to others4 ,according to ,thomas ,aquinas1 the good bear with the wicked to this extent1 that1 so far as it is proper to do so1 they patiently endure at their hands the injuries done to themselves2 but they do not bear with them to the extent of enduring the injuries done to ,god and their neighbours4 ,for ,chrysostom says1 ',for it #gh is praiseworthy to be patient under one's own wrongs1 but the height of impiety to dissemble injuries done to ,god4'#da ,practically1 at least1 ,christianity has not altered the validity of the ,aristotelian rule that anger admits not only of an excess1 but of a defect1 and that we ought to feel angry at certain things4#db ,as ,plutarch says1 we even think those worthy of hatred who are not vexed at hateful individuals2 and we can sympathise with the man who1 hearing somebody praise ,charillus1 king of ,sparta1 for his gentleness1 replied1 ,how can ,charillus be good1 who is not harsh even to the bad8#dc ,moreover1 the belief in a transcendental retributive justice1 in an ultimate punishment of badness1 which we meet with in ,taouism1#dd ,brahmanism1 ,buddhism1#de ,christianity1#df side by side with the doctrine of forgiveness1 is based upon the demand that wrong should be resented4 ,footnote #cg3 ,laws of ,manu1 viii4 #caf1 #cdf sq4 ,cf4 ,gautama1 xii4 #de2 pastamba1 i4 #i4 #be4 #e4 ,footnote #ch3 ,douglas1 ,confucianism and ,taouism1 p4 #bjd4 ,footnote #ci3 ',merits and ,errors scrutinised1' in ,indo-,chinese ,gleaner1 iii4 #aec4 ,footnote #dj3 ,st4 ,matthew1 xviii4 #ae sqq4 ,footnote #da3 ,thomas ,aquinas1 ,summa ,theologia1 ii4-ii4 #ajh4 #a4 #b4 ,cf4 ,lactantius1 ,de ira ,dei1 #ag4 ,footnote #db3 ,aristotle1 ,ethica ,nicomachea1 ii4 #g4 #aj2 iii4 #a4 #bd2 iv4 #e4 #c sqq4 ,footnote #dc3 ,plutarch1 ,de invidia et odio1 #e4 ,footnote #dd3 ,douglas1 op4 cit4 p4 #beg4 ,footnote #de3 ,dhammapada1 i4 #ae1 #ag2 x4 #acg sqq4 ,footnote #df3 ,cf4 ,romans1 xii4 #ai3 ,vengeance is mine2 ,i will repay1 saith the ,lord4 ,it is easy to see why enlightened and sympathetic minds disapprove of resentment and retaliation springing from personal motives4 ,such resentment is apt to be partial4 ,it is too often directed against persons whom impartial reflection finds to be no proper objects of indignation1 and still more frequently it is unduly excessive4 ,as ,butler ays1 we are in such a peculiar situation1 with respect to injuries done to ourselves1 that we can scarce any more see them as they really are1 than our eye can see itself4#dg ,as bodies seem greater in a mist1 so do little matters in a rage2 hence the old rule that we ought not to punish whilst angry4#dh ,the more the moral consciousness is influenced by sympathy1 the more severely it condemns any retributive infliction of pain which it regards as undeserved2 and it seems to be in the first place with a #gi view to preventing such injustice that teachers of morality have enjoined upon men to love their enemies4 ,it would1 indeed1 be absurd to blame a person for expressing moral indignation at an act simply because he himself happens to be the offended party2 practically we allow him to be even more indignant than the impartial spectator would be1 whereas excessive placability often meets with censure4 ,like ,aristotle1 we maintain that to submit to insult1 or to overlook an insult offered to our friends1 shows a slavish spirit#di2 and we agree with the ,confucian maxims1 that injuries should be recompensed1 not with kindness1 but with justice1 and that nobody but he who deserves it should be an object of hatred4#ej ,footnote #dg3 ,butler1 ',sermon ,,ix4--,upon ,forgiveness of ,injuries1' in ,analogy of ,religion1 c41 p4 #dfi4 ,footnote #dh3 ,plutarch1 ,de cohibenda ira1 #aa4 ,montaigne1 ,essais1 ii4 #ca 7,oeuvres1 p4 #cif74 ,footnote #di3 ,aristotle1 ,ethica ,nicomachea1 #e4 #f4 ,footnote #ej3 ,lun ,y xiv4 #cf4 #c2 xvii4 #i4 #a1 #e2 xvii4 #bd4 #a4 ,douglas1 ,confucianism and ,taouism1 p4 #i4 ,cf4 ,chung ,yung1 x4 #c2 xxxi4 #a2 xxxiii4 #d4 ,at the same time1 the injunctions of moralists that unjust resentment should be suppressed1 are far from introducing any absolutely new element into the estimation of conduct4 ,they only represent a higher stage of a process of moral development the early phases of which are found already in primitive societies4 ,even the savage who enjoins revenge as a duty1 regards revenge under certain circumstances as wrong4#ea ,the restraining rule of like for like1 as we shall see1 is an instance of this4 ,footnote #ea3 ,concerning the ,dacotahs1 ,prescott observes1 ,there are cases where the ,indians say retaliation is wrong1 and they try to prevent it 7,schoolcraft1 ,indian ,tribes1 ii4 #aig74 ,the aggressive character of moral disapproval has become more disguised1 not only by the more scrutinising attitude towards the resentment and retaliation which distinguishes the moral consciousness of a higher type1 but by the different way in which the aggressiveness displays itself4 ,the infliction of suffering merely for the sake of retribution is condemned1 and the rule is laid down that we should hate1 not the sinner1 but only the sin4 ,punishment1 which expresses more or less faithfully the moral indignation of the society which inflicts it1 is externally similar to an act of revenge2 it causes1 or is intended #hj to cause1 pain in return for inflicted pain4 ,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 it4 ,this is still the notion of the multitude1 as also of a host of theorisers1 who1 by calling punishment an expiation1 or a reparation1 or a restoration of the disturbed equilibrium of justice1 only endeavour to give a philosophical sanction to a very simple fact1 the true nature of which they too often have failed to grasp4 ,the infliction of pain1 however1 is not an act which the moral consciousness regards with indifference1 even in the case of a criminal2 and to many enlightened minds with keen sympathy for human suffering1 it has appeared both unreasonable and cruel that the ,state should wilfully torment him to no purpose4 ,but whilst retributive punishment has been condemned1 punishment itself has been defended2 it is only looked upon in a different light1 not as an end by itself1 but as a means of attaining an end4 ,it is to be inflicted1 not because wrong has been done1 but in order that wrong be not done4 ,its object is held to be1 either to deter from crime1 or to reform the criminal1 or by means of elimination or seclusion1 to make it physically impossible for him to commit fresh crimes4 ,these views were expressed already in ,greek and ,roman antiquity4#eb ,according to ,plato1 a reasonable man punishes for the sake of deterring from wickedness1 or with a view to correcting the offender4#ec ,aristotle looks upon punishment as a moral medicine4#ed ,seneca maintains that the law1 in punishing wrong1 aims at three ends3 either that it may correct him whom it punishes1 or that his punishment may render other men better1 or that1 by bad men being put out of the way1 the rest may live without fear4#ee ,in modern times all these theories have had1 and still have1 their numerous adherents4 ,according to ,hugo ,grotius1 men are so bound together by their common #ha nature1 that they ought not to do each other harm1 except for the sake of some good to be attained2 hence man is not rightly punished by man merely for the sake of punishing2 advantage alone makes punishment right--either the advantage of the offender1 or of him who suffers by the offence1 or of persons in general4#ef ,for a long time the view taken by ,hobbes1 that the aym of ,punishment is not a revenge1 but terrour1#eg remained the leading doctrine on the subject1 among philosophers1 as well as legislators4 ,it was shared by ,montesquieu1#eh ,beccaria1#ei and filangieri1#fj by ,anselm von ,feuerbach#fa and ,schopenhauer1#fb and1 in the main1 by ,bentham4#fc ,during the nineteenth century the principle of determent was largely superseded by the principle of reformation2 whilst certain contemporary criminologists--like some previous ones#fd--;are of opinion that punishment should aim to repress crime by an absolute or relative elimination of the criminal1 that is1 in extreme cases by killing him1 but generally by incarcerating him in a criminal lunatic asylum1 or by banishing him for ever or for a certain period1 or by interdicting him from a particular neighbourhood4#fe ,footnote #eb3 ,cf4 ,laistner1 ,das ,recht in der ,strafe1 p4 #i sqq42 ,thonissen1 ,le droit pnal de la rpublique ,athnienne1 p4 #dah sqq4 ,footnote #ec3 ,plato1 ,protagoras1 p4 #cbd4 ,idem1 ,politicus1 p4 #bic4 ,idem1 ,gorgias1 p4 #dgi4 ,idem1 ,leges1 ix4 #hed2 xi4 #icd2 xii4 #idd4 ,footnote #ed3 ,aristotle1 ,ethica ,nicomachea1 ii4 #c4 #d4 ,footnote #ee3 ,seneca1 ,de clementia1 i4 #bb4 ,cf4 ,idem1 ,de ira1 i4 #ai4 ,footnote #ef3 ,grotius1 ,de iure belli et pacis1 ii4 #bj4 #d sqq4 ,footnote #eg3 ,hobbes1 ,leviathan1 ii4 #bh1 p4 #bdc4 ,footnote #eh3 ,montesquieu1 ,lettres ,persanes1 #ha4 ,footnote #ei3 ,beccaria1 ,dei delitti e delle pene1 passim4 ,footnote #fj3 filangieri1 ,la scienza della legislazione1 iii4 #b4 #bg1 vol4 iv4 #ac sq4 ,footnote #fa3 von ,feuerbach-,mittermaier1 ,lehrbuch des gemeinen in ,deutschland gltigen ,peinlichen ,rechts1 p4 #ch sqq4 ,footnote #fb3 ,schopenhauer1 ,die ,welt als ,wille und ,vorstellung1 ii4 #fhc sqq4 ,footnote #fc3 ,bentham1 ,principles of ,morals and ,legislation1 p4 #agj sq4 n4 #a3 4 4 4 ,example is the most important end of all4 ,idem1 ,rationale of ,punishment1 p4 #ai sqq4 ,footnote #fd3 ,see von ,feuerbach-,mittermaier1 op4 cit4 p4 #dj4 ,footnote #fe3 ,garofalo1 ,criminologie1 p4 #bea sqq4 ,ferri1 ,criminal ,sociology1 p4 #bjd sqq4 ,the advocates of these various theories are unanimous in condemning retributive punishment as wrong4 ,without the grounds of social defence1 says ,m4 ,guyau1 the punishment would be as blameworthy as the crime1 and 4 4 4 the lawgivers and the judges1 by deliberately condemning the guilty to punishment1 would become their fellows4#ff ,for my own part ,i believe1 on the contrary1 that those who would venture to carry out all the consequences to which the theories of social defence or of reformation might lead1 would be regarded even as more criminal than those they punished1 not only by the #hb opponents1 but probably by the very supporters of the theories in question4 ,a brief statement of some of those consequences will1 ,i hope1 suffice to prove that punishment can hardly be guided exclusively by utilitarian considerations1 but requires the sanction of the retributive emotion of moral disapproval4 ,footnote #ff3 ,guyau1 ,esquisse d'une morale sans obligation ni sanction1 p4 #adh4 ,the principle of repressing crime by eliminating the criminal may at once be put aside1 because it has no reference to the punishment of criminals1 although it contains a suggestion--and a most excellent one indeed--as to the proper mode of treating them4 ,their exclusion from the company of their fellow-men--not to speak of their elimination by death--certainly entails suffering1 but1 according to the principle with which we are dealing1 this suffering is not intended4 ,on the other hand1 punishment1 in the ordinary sense of the word1 always involves an express intention to inflict pain1 whatever be the object for which pain is inflicted4 ,we do not punish an ill-natured dog when we tie him up so as to prevent him from doing harm1 nor do we punish a lunatic by confining him in a madhouse4 ,according to the principle of determent1 the infliction of suffering in consequence of an offence is justified as a means of increasing public safety4 ,the offender is sacrificed for the common weal4 ,but why the offender only8 ,it is quite probable that a more effective way of deterring from crime would be to punish his children as well2 and if the notion of justice derived all its import from the result achieved by the punishment1 there would be nothing unjust in doing so4 ,the only objection which1 from this point of view1 might ever be raised against the practice of visiting the wrongs of the fathers upon the children1 is that it is needlessly severe2 the innocence of the children could count for nothing4 ,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 #hc culprit might be induced to confess out of compassion4#fg ,moreover1 if the object of punishment is merely preventive1 the heaviest punishment should be threatened where the strongest motive is needed to restrain4 ,consequently1 an injury committed under great temptation1 or in a passion1 should be punished with particular severity2 whereas a crime like parricide might be treated with more indulgence than other kinds of homicide1 owing to the restraining influence of filial affection4 ,could the moral consciousness approve of this8 ,footnote #fg3 ,burckhardt1 ,arabic ,proverbs1 p4 #ajc sq4 ,again1 if punishment were to be regulated by the principle of reforming the criminal1 the result would in some cases be very astonishing4 ,there is no more incorrigible set of offenders than habitual vagrants and drunkards1 whereas experience has shown that the most easily reformed of all offenders is often some person who has committed a serious crime4 ,according to the reformation theory1 the latter should soon be set free1 whilst the petty offender might have to be shut up for all his life4 ,nay more1 if the criminal proves absolutely incorrigible1 and not the slightest hope of his reformation is left1 there would no longer be any reason for punishing him at all4#fh ,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 suffering4 ,footnote #fh3 ,cf4 ,morrison1 ,crime and its ,causes1 p4 #bjc2 ,durkheim1 ,division du travail social1 p4 #id4 ,it may seem strange that theories which are open to such objections should have been able to attract so many intelligent partisans4 ,these theories must at least possess a certain plausibility4 ,if punishment on the one hand springs from moral indignation1 and on the other hand is frequently interpreted as a means either of deterring from crime or of reforming the criminal1 there must obviously be some connection between these ends and the retributive aim of moral resentment4 ,there must be certain facts which1 to some extent1 fill up the gap between the theory of retribution and the other theories of punishment4 #hd ,the doctrine of determent regards punishment as a means of preventing crime4 ,a crime always involves the infliction of pain2 and the one thing which men try to prevent for its own sake is pain4 ,the one thing which arouses resentment is likewise pain4 ,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 determent4 ,but the resemblance between the desire to deter and resentment is greater still4 ,resentment is not only aroused by pain1 but is a hostile attitude towards its cause1 and its intrinsic object is to remove this cause1 that is1 to prevent pain4 ,an act of moral resentment is therefore apt to resemble a punishment inflicted with a view to deterring from crime1 provided that the punishment is directed against the cause of crime--the criminal himself--and is not unduly severe4 ,the doctrine of reformation aims at the removal of a criminal disposition of mind by improving the offender4 ,moral resentment likewise aims at the removal of a volitional cause of pain1 by bringing about repentance in the offender4 ,that repentance ought to be followed by forgiveness1 partial or total1 is a widely recognised moral claim4 ,according to the ,chinese ,penal ,code1 whoever1 having committed an injury which can be repaired by restitution or compensation1 surrenders himself voluntarily1 and acknowledges his guilt to a magistrate1 before it is otherwise discovered1 shall be freely pardoned1 though all claims upon his property shall be duly liquidated4#fi ,in ,madagascar1 according to a law made in #ahbh1 all the fines shall be reduced one-half1 according to the nature of the fines1 if the persons guilty accuse themselves4#gj ,according to ,zoroastrianism1 one element of atonement consists in repentance1 as manifested by avowal of the guilt and by the recital of a formula1 the ,patet4#ga ,it is said in the ,laws of ,manu3--,in proportion as a man who has done wrong1 himself #he confesses it1 even so far he is freed from guilt1 as a snake from its slough4 4 4 4 ,he who has committed a sin and has repented1 is freed from that sin1 but he is purified only by the resolution of ceasing to sin and thinking ',i will do so no more4'#gb ,according to the ,rig-,veda1 ,varuna inflicts terrible punishments on the hardened criminal1 but is merciful to him who repents2 to ,varuna the cry of anguish from remorse ascends1 and before him the sinner comes to discharge himself of the burden of his guilt by confession4#gc ,so1 also1 ,zeus pardons the repentant4#gd ,the main doctrine of ,judaism on the subject of atonement is comprised in the single word ,repentance4 ,no teachers1 says ,mr4 ,montefiore1 exalted the place and power of repentance more than the ,rabbis4 ,there was no sin for which in their eyes a true repentance could not obtain forgiveness from ,god4#ge ,according to the ,talmud1 a space of only two fingers' breadth lies between ,hell and ,heaven3 the sinner has only to repent sincerely1 and the gates to everlasting bliss will spring open4#gf ,jesus commanded his disciples to forgive injuries if followed by repentance3--,if thy brother trespass against thee1 rebuke him2 and if he repent1 forgive him4 ,and if he trespass against thee seven times in a day1 and seven times in a day turn again to thee1 saying1 ,i repent2 thou shalt forgive him4#gg ,footnote #fi3 ,ta ,tsing ,leu ,lee1 sec4 xxv4 p4 #bg sq4 ,footnote #gj3 ,ellis1 ,history of ,madagascar1 i4 #chf4 ,footnote #ga3 ,darmesteter1 in ,sacred ,books of the ,east1 iv4 p4 lxxxvi4 ,footnote #gb3 ,laws of ,manu1 xi4 #bbi1 #bca4 ,cf4 ibid4 xi4 #bbh1 #bcj4 ,footnote #gc3 ,rig-,veda1 i4 #be4 #a sq42 ii4 #bh4 #e sqq42 v4 #he4 #g sq42 vii4 #hg4 #g1 #hh4 #f sq41 #hi4 #a sqq4 ,barth1 ,religions of ,india1 p4 #ag4 ,footnote #gd3 ,ilias1 ix4 #ejb sqq4 ,footnote #ge3 ,montefiore1 op4 cit4 pp4 #ebd1 #cce n4 ,footnote #gf3 ,deutsch1 ,literary ,remains1 p4 #ec4 ,cf4 ibid4 p4 #ef2 ,katz1 ,der wahre ,talmudjude1 p4 #hg sq42 ,kohler1 ',atonement1' in ,jewish ,encyclopedia1 ii4 #bgi2 ,moore1 ',sacrifice' in ,cheyne and ,black1 ,encyclopdia ,biblica1 iv4 #dbbd sq4 ,footnote #gg3 ,st4 ,luke1 xvii4 #c sq4 ,but repentance not only blunts the edge of moral indignation and recommends the offender to the mercy of men and gods3 it is the sole ground on which pardon can be given by a scrupulous judge4 ,when sufficiently guided by deliberation and left to itself1 without being unduly checked by other emotions1 the feeling of moral resentment is apt to last as long as its cause remains unaltered1 that is until the will of the offender has ceased to be offensive2 and it ceases to be offensive only when he acknowledges his guilt and repents4 ,it is true that the mere performance of certain ceremonies is frequently supposed to relieve the performer of his sins1#gh and that the #hf same end is thought to be attained by pleasing ,god in some way or other1 by sacrifice1 or alms-giving1 or the like4 ,men even lay claim to divine forgiveness as a right belonging to them in virtue of some meritorious deeds of theirs1 according to the doctrine of opera supererogativa--a doctrine which1 in substance1 is not restricted to ,roman ,catholicism1 but is found1 in a more or less developed form1 in ,judaism1#gi ,muhammedanism1#hj ,brahmanism1#ha and degenerated ,buddhism4#hb ,but all such ideas are objectionable to the moral consciousness of a higher type4 ,they are based on the crude notion that sin is a material substance which may be removed by material means2 or on the belief that an offender may compound with the deity for sinning against him1 in the same way as he pacifies his injured neighbour1 by bribery or flattery2 or on the assumptions that by a good or meritorious deed a man has done more than his duty1 that a good deed stands in the same relation to a bad deed as a claim to a debt1 that the claim is made on the same person to whom the debt is due1 namely1 ,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 inflicted4 ,this doctrine attaches badness and goodness to external acts rather than to mental facts4 ,reparation implies compensation for a loss4 ,the loss may be compensated by the bestowal of a corresponding advantage2 but no reparation can be given for badness4 ,badness can only be forgiven1 and moral forgiveness can be granted only on condition that the agent's mind has undergone a radical alteration for the better1 that the badness of the will has given way to repentance4#hc ,hence the ,reformation #hg proscribed offerings for the redemption of sins1 together with the trade in indulgences2 and we meet with an analogous movement in other comparatively advanced forms of religion4 ,in reformed ,brahmanism1 repentance is declared to be the only means of redeeming trespasses4#hd ,the idea expressed in the ,psalms1 that ,god delights not in burnt offerings1 but that the sacrifices of ,god are a broken and a contrite heart1#he became the prevailing opinion among the ,rabbis1 most of whom regarded repentance as the conditio sine qu non of expiation and the forgiveness of sins4#hf ,let us also remember that he who commanded his followers to forgive a brother for his sin1 at the same time pronounced the qualification3 if he repent4#hg ,footnote #gh3 ,supra1 p4 #ec sqq4 ,heriot1 ,travels through the ,canadas1 p4 #cgh 7ancient ,mexicans74 ,adair1 ,history of the ,american ,indians1 p4 #aej4 ,krasheninnikoff1 ,history of ,kamchatka1 p4 #agh4 ,williams and ,calvert1 ,fiji1 p4 #bd4 ,footnote #gi3 ,montefiore1 op4 cit4 p4 #ebe sqq4 ,footnote #hj3 ,koran1 xi4 #aaf4 ,sell1 ,faith of ,islm1 p4 #bbj sq4 ,according to ,muhammadanism1 however1 it is only little sins that are forgiven if some good actions are done1 whereas great sins can only be forgiven after due repentance 7ibid4 p4 #bad74 ,footnote #ha3 ,wheeler1 ,history of ,india1 ii4 #dge4 ,footnote #hb3 ,indo-,chinese ,gleaner1 iii4 #aej1 #afa1 #afd4 ,davis1 ,china1 ii4 #dh4 ,footnote #hc3 ,this point was certainly not overlooked by the ,catholic moralists1 but even the most ardent apology cannot explain away the idea of reparation in the ,catholic doctrine of the justification of man 7cf4 ,manzoni1 ,osservazioni sulla ,morale ,cattolica1 p4 #ajj74 ,penance consists of contrition1 confession1 and satisfaction1 and contrition itself is chiefly a willingness to compensate 7,catechism of the ,council of ,trent1 ii4 #e4 #bb74 ,footnote #hd3 ,goblet d',alviella1 ,hibbert ,lectures on the ,origin and ,growth of the ,conception of ,god1 p4 #bfc4 ,footnote #he3 ,psalms1 li4 #af sq4 ,footnote #hf3 ,moore1 loc4 cit4 col4 #dbbe4 ,footnote #hg3 ,cf4 ,martineau1 ,types of ,ethical ,theory1 ii4 #bjc4 ,that moral indignation is appeased by repentance1 and that repentance is the only proper ground for forgiveness1 is thus due1 not to the specifically moral character of such indignation1 but to its being a form of resentment4 ,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 offender4 ,as ,aristotle said1 men are placable in regard to those who acknowledge and repent their guilt3 there is proof of this in the case of chastising servants2 for we chastise more violently those who contradict us1 and deny their guilt2 but towards such as acknowledge themselves to be justly punished1 we cease from our wrath4#hh ,to take an instance from the savage world4 ,the ,caroline ,islander1 according to ,mr4 ,christian1 is inclined to be revengeful1 and will bide his time patiently until his opportunity comes4 ,yet he is not implacable1 and counts reconciliation a noble and a princely thing4 ,there is a form of etiquette to be observed on #hh these occasions--a present 7katom7 is made1 an apology offered--a piece of sugar-cane accepted by the aggrieved party--honour is satisfied and the matter ends4#hi ,in the case of revenge1 external satisfaction or material compensation is often allowed to take the place of genuine repentance1 and the humiliation of the adversary may be sufficient to quiet the angry passion4 ,but the revenge felt by a reflecting mind is not so readily satisfied4 ,it wants to remove the cause which aroused it4 ,the object which resentment is chiefly intent upon1 ,adam ,smith observes1 is not so much to make our enemy feel pain in his turn1 as to make him conscious that he feels it upon account of his past conduct1 to make him repent of that conduct1 and to make him sensible1 that the person whom he injured did not deserve to be treated in that manner4#ij ,the delight of revenge1 says ,bacon1 seemeth to be not so much in doing the hurt1 as in making the party repent4#ia ,footnote #hh3 ,aristotle1 ,rhetorica1 ii4 #c4 #e4 ,footnote #hi3 ,christian1 ,caroline ,islands1 p4 #gb4 ,footnote #ij3 ,adam ,smith1 ,theory of ,moral ,sentiments1 p4 #ach sq4 ,footnote #ia3 ,bacon1 ',essay ,,iv4 ,of ,revenge1' in ,essays1 p4 #de4 ,cf4 ,montaigne1 ,essais1 ii4 #bg 7,oeuvres1 p4 #chd74 ,we can now see the origin of the idea that the true end of punishment is the reformation of the criminal4 ,this idea merely emphasises the most humane element in resentment1 the demand that the offender's will shall cease to be offensive4 ,the principle of reformation has thus itself a retributive origin4 ,this explains the fact1 otherwise inexplicable1 that the amendment which it has in view is to be effected by the infliction of pain4 ,it also accounts for the inconsistent attitude of the reformationist towards incorrigible offenders1 already commented upon4 ,resentment gives way to forgiveness only in the case of repentance1 not in the case of incorrigibility4 ,hence1 not even the reformationist regards incorrigibility as a legitimate ground for exempting a person from punishment1 although this flatly contradicts his theory about the true aim of all punishment4 ,thus the theories both of determent and of reformation are ultimately offspring of the same emotion that first #hi induced men to inflict punishment on their fellow-creatures4 ,it escaped the advocates of these theories that they themselves were under the influence of the very principle they fought against1 because they failed to grasp its true import4 ,rightly understood1 resentment is preventive in its nature1 and1 when sufficiently deliberate1 regards the infliction of suffering as a means rather than as an end4 ,it not only gives rise to punishment1 but readily suggests1 as a proper end of punishment1 either determent or amendment or both4 ,but1 first of all1 moral resentment wants to raise a protest against wrong4 ,and the immediate aim of punishment has always been to give expression to the righteous indignation of the society which inflicts it4 ,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 it4 ,in the case of many other emotions1 we hold that the conative element in the emotion ought not to be allowed to develop into a distinct volition or act2 and it would seem that a similar view might be taken with reference to the aggressiveness inherent in moral disapproval4 ,it is a notion of this kind that lies at the bottom of the utilitarian theories of punishment4 ,they are protests against purposeless infliction of pain1 against crude ideas of retributive justice1 against theories hardly in advance of the low feelings of the popular mind4 ,therefore1 they mark a stage of higher refinement in the evolution of the moral consciousness2 and if the principles of determent and reformation are open to objections which will be shared by almost everyone1 that is due to other circumstances than their demand that punishment should serve a useful end4 ,as we have seen1 they ignore the fact that a punishment1 in order to be recognised as just1 must not transgress the limits set down by moral disapproval1 that it must not be inflicted on innocent persons1 that it must be proportioned to the guilt1 that offenders who are amenable to discipline must not be treated more severely #ij than incorrigible criminals4 ,these theories also seem to exaggerate the deterring or reforming influence which punishments exercise upon criminals1#ib whilst1 in another respect1 they take too narrow a view of its social usefulness4 ,whether its voice inspire fear or not1 whether it wake up a sleeping conscience or not1 punishment1 at all events1 tells people in plain terms what1 in the opinion of the society1 they ought not to do4 ,it gives the multitude a severe lesson in public morality2 and it is difficult to see how quite the same effect could be attained by any other method4 ,retaliation is such a spontaneous expression of indignation1 that people would hardly realise the offensiveness of an act which evokes no signs of resentment4 ,of course1 punishment1 in the legal sense of the term1 is only one form--the most concrete form--of public retaliation2 it is1 indeed1 probable that public opinion exercises a greater influence on men than punishment would do without its aid4#ic ,but punishment1 in combination with public opinion1 has no doubt to some extent an educating1 and not merely a deterring1 influence upon the members of a society4 ,as ,sir ,james ,stephen observes1 the sentence of the law is to the moral sentiment of the public in relation to any offence what a seal is to hot wax4 ,it converts into a permanent final judgment what might otherwise be a transient sentiment4#id finally1 it must not be overlooked that the infliction of punishment upon the perpetrator of a grave offence gratifies a strong general desire1 and1 even though the pain which always accompanies an unsatisfied desire would by itself afford no sufficient justification for subjecting the offence to such intense #ia suffering1 other more serious consequences might easily result from leaving him unpunished4 ,the public indignation might find a vent in some less regular and less discriminating mode of retaliation1 like lynching2 or1 on the other hand1 by remaining unsatisfied1 the desire might dwindle away from want of nourishment1 and the moral standard suffer a corresponding loss4 ,footnote #ib3 ,on the limited efficiency of punishment as a deterrent1 see ,ferri1 op4 cit4 p4 #hb sq4 ,on the moral insensibility of the instinctive and habitual criminal1 and absence of remorse1 see ,havelock ,ellis1 ,the ,criminal1 p4 #abd sqq4 ,footnote #ic3 ,cf4 ,locke1 ,essay concerning ,human ,understanding1 ii4 #bh4 #ab 7,philosophical ,works1 p4 #bhc72 ,shaftesbury1 ',inquiry concerning ,virtue and ,merit1' i4 #c4 #c1 in ,characteristicks1 ii4 #fd4 ,footnote #id3 ,stephen1 ,history of the ,criminal ,law of ,england1 ii4 #ha4 ,cf4 ,shaftesbury1 op4 cit4 ii4 #fd3 ,as to punishments and rewards1 their efficacy is not so much from the fear or expectation which they raise1 as from a natural esteem of virtue1 and detestation of villainy1 which is awaken'd and excited by these publick expressions of the approbation and hatred of mankind in each case4 ,however1 it is not to be believed that1 in practice1 the infliction of punishment is1 or ever will be1 regulated merely by considerations of social utility1 even within the limits of what is recognised as legitimate by the moral sentiment4 ,the retributive desire is so strong1 and appears so natural1 that we can neither help obeying it1 nor seriously disapprove of its being obeyed4 ,the theory that we have a right to punish an offender only in so far as1 by doing so1 we promote the general happiness1 really serves in the main as a justification for gratifying such a desire1 rather than as a foundation for penal practice4 ,moreover1 this theory refers1 and pretends to refer1 only to outward behaviour--to punishment1 not to the emotion from which punishment springs4 ,it condemns the retributive act1 not the retributive desire4 ,but at the same time the aggressive element in the emotion itself has undergone a change1 which tends to conceal its true nature by partly leading it into a new channel1 or1 rather1 by narrowing the channel in which it discharges itself4 ,resentment is directed against the cause of the offence by which it was aroused--broadly speaking1 the offender4 ,but when duly reflecting upon the matter1 we cannot fail to admit that the real cause was not the offender as a whole1 but his will4 ,deliberate and discriminating resentment is therefore apt to turn against the will rather than against the willer2 as we have seen1 it is desirous to inflict pain on the offender chiefly as a means of removing the cause of pain suffered1 i4e41 the existence of the bad will4 ,if this is the case with deliberate resentment in general1 it must particularly be the case with moral indignation1 which is more likely to be #ib influenced by sympathy1 and hence more discriminate1 than non-moral resentment4 ,this fact gives rise to the moral commandment that we should hate1 not the sinner1 but the sin4 ,the hostile reaction should be focussed on the will of the offender1 and his sensibility should be regarded merely as an instrument through which the will is worked upon4 ,but there is little hope that such a demand can ever be strictly enforced4 ,professor ,sidgwick justly remarks that1 though moralists try to distinguish between anger directed against the act and anger directed against the agent1 it may be fairly doubted whether it is within the capacity of ordinary human nature to maintain this distinction in practice4#ie ,the will which offends1 and the sensibility which suffers1 cannot seriously be looked upon as two different entities the one of which should not be punished for the fault of the other4 ,the person himself is held responsible for the offence4 ,the hostile reaction turns against his will because only by acting upon the will can the cause of pain be removed4 ,but since the remotest ages the aggressive attitude towards this cause has been connected with an instinctive desire to produce counter-pain2 and1 though we may recognise that such a desire1 or rather the volition into which it tends to develop1 may be morally justifiable only if it is intended to remove the cause of pain1 we can hardly help being indulgent to the gratification of a human instinct which seems to be well nigh ineradicable4 ,it is the instinctive desire to inflict counter-pain that gives to moral indignation its most important characteristic4 ,without it1 moral condemnation and the ideas of right and wrong would never have come into existence4 ,without it1 we should no more condemn a bad man than a poisonous plant4 ,the reason why moral judgments are passed on volitional beings1 or their acts1 is not merely that they are volitional1 but that they are sensitive as well2 and however much we try to concentrate our indignation on the act1 it derives its peculiar flavour from being directed #ic against a sensitive agent4 ,i have heard persons of a highly sympathetic cast of mind assert that a wrong act awakens in them only sorrow1 not indignation2 but though sorrow be the predominant element in their state of mind1 ,i believe that1 on a close inspection1 they would find there another emotion as well1 one in which there is immanent an element of hostility1 however slight4 ,it is true that the intensity of moral indignation cannot always be measured by the actual desire to cause pain to the offender2 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 offence4 ,which of us could ever1 quite apart from any utilitarian considerations1 feel the same sympathy with a person who suffers on account of his badness as with one who suffers innocently8 ,it is one of the most interesting facts related to the moral consciousness of a higher type1 that it in vain condemns the gratification of the very desire from which it sprang4 ,it is like a man of low extraction1 who1 in spite of all acquired refinement1 bears his origin stamped on his face4 ,footnote #ie3 ,sidgwick1 ,methods of ,ethics1 p4 #cfd4 99 99 99 99 99 ,whilst resentment is a hostile attitude of mind towards a cause of pain1 retributive kindly emotion is a friendly attitude of mind towards a cause of pleasure4 ,just as in the lower forms of anger there is hardly any definite desire to produce suffering1 only a vehement desire to remove the cause of pain1 so in the lower form of retributive kindly emotion there is hardly any definite desire to produce pleasure1 only a friendly endeavour to retain the cause of the pleasure experienced4 ,when the emotion contains a definite desire to give pleasure in return for pleasure received1 and at the same time is felt by the favoured party in his capacity of being himself the object of the benefit1 it is called gratitude4 ,we often find intermingled with gratitude a feeling of indebtedness2 he upon whom a benefit has been conferred feels himself as a debtor1 and regards the benefactor as his creditor4 ,this feeling has #id even been represented as essential to1 or as a condition of1 gratitude2#if but it is not implied in what ,i here understand by gratitude4 ,it is one thing to be grateful1 and another thing to feel that it is one's duty to be grateful4 ,a depression of the self-feeling1 a feeling of humiliation1 also frequently accompanies gratitude as a motive for requiting the benefit2 but it is certainly not an element in gratitude itself4 ,footnote #if3 ,horwicz1 ,psychologische ,analysen1 ii4 #ccc3 ,ohne dieses ,gefhl des ,verbundenseins 4 4 4 4 kann keine ,dankbarkeit auskommen4 ,cf4 ,milton1 ,paradise ,lost1 iv4 #eb sqq4 ,retributive kindly emotion is a much less frequent phenomenon in the animal kingdom than is the emotion of resentment4 ,in many animal species not even the germ of it is found1 and where it occurs it is generally restricted within narrow limits4 ,anybody may provoke an animal's anger1 but only towards certain individuals it is apt to feel retributive kindliness4 ,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 connection4 ,indeed1 social affection is itself essentially retributive4 ,gregarious animals take pleasure in each other's company1 and with this pleasure is intimately associated kindly feeling towards its cause1 the companion himself4 ,social affection presupposes reciprocity2 it is not only a friendly sentiment towards another individual1 but towards an individual who is conceived of as a friend4 ,the intrinsic object of retributive kindliness being to retain a cause of pleasure1 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 resentment1 the removal of the cause of pain4 ,and as natural selection accounts for the origin of resentment1 so it also accounts for the #ie origin of retributive kindly emotion4 ,both of these emotions are useful states of mind2 by resentment evils are averted1 by retributive kindliness benefits are secured4 ,that there is such a wide difference in their prevalence is explicable from the simple facts that gregariousness--which is the root of social affection1 and1 largely at least1 a condition of the rise of retributive kindly emotions--is an advantage only to some species1 not to all1 and that even gregarious animals have many enemies1 but few friends4 ,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 emotion4 ,so intimate is the connection between the stimulus and the reaction1 that he who is made happy often feels a general desire to make others happy4#ig ,but such an indiscriminate reaction is only an offset of the emotion with which we are here concerned4 ,moreover1 retributive kindly emotion often confers benefits upon somebody nearly related to the benefactor1 if he himself be out of reach1 or in addition to benefits conferred on him4 ,but in such cases the gratitude towards the benefactor is the real motive4 ,footnote #ig3 ,that a happy man wants to see glad faces around him1 is also due to another cause1 which has been pointed out by ,dr4 ,hirn 7,origins of ,art1 p4 #hc73 from their expression he wants to derive further nourishment and increase for his own feeling4 ,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 gratitude1 will probably be admitted without much hesitation4#ih ,its friendly character is not1 like the hostile character of moral disapproval1 disguised by any apparently contradictory facts4 ,to confer a benefit upon a person is not generally regarded as wrong1 unless1 indeed1 it involves an encroachment on somebody's rights or is contrary to the feeling of justice4 ,and that moral approval sometimes bestows its favours upon undeserving #if individuals for the merits of others1 can no more invalidate the fact that it is essentially directed towards the cause of pleasure1 than the occasional infliction of punishments upon innocent individuals invalidates the fact that moral disapproval is essentially directed against the cause of pain4 ,unmerited rewards are explicable on grounds analogous to those to which we have traced unmerited punishments4 ,footnote #ih3 ,the relationship between gratitude and moral approval has been recognised by ,hartley 7,observations on ,man1 i4 #ebj7 and ,adam ,smith 7,theory of ,moral ,sentiments1 passim74 ,the doctrine of family solidarity leads1 not only to common responsibility for crimes1 but to common enjoyment of merits4 ,in ,madagascar1 exemption from punishment was claimed by the descendants of persons who had rendered any particular service to the sovereign or the ,state1 as also by other branches of the family1 on the same plea4#ii ,according to ,chinese ideas1 the virtuous conduct of any individual will result1 not only in prosperity to himself1 but in a certain quantity of happiness to his posterity1 unless indeed the personal wickedness of some of the descendants neutralise the benefits which would otherwise accrue from the virtue of the ancestor2#ajj and1 conversely1 the ,chinese ,government confers titles of nobility upon the dead parents of a distinguished son4#aja ,the idea that the dead share in punya or ppa1 that is1 the merit or demerit of the living1 and that the happiness of a man in the next life depends on the good works of his descendants1 was early familiar to the civilised natives of ,india2 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 mother4#ajb ,footnote #ii3 ,ellis1 ,history of ,madagascar1 #cgf4 ,footnote #ajj3 ,giles1 ,strange ,stories from a ,chinese ,studio1 i4 #dbf1 n4 #c2 ii4 #chd1 n4 #fc4 ,doolittle1 ,social ,life of the ,chinese1 ii4 #cih4 ,footnote #aja3 ,giles1 op4 cit4 i4 #cje1 n4 #f4 ,wells ,williams1 ,middle ,kingdom1 i4 #dbb4 ,footnote #ajb3 ,barth1 ,religions of ,india1 p4 #eb1 n4 #d4 ,but the vicarious efficacy of good deeds is not necessarily restricted to the members of the same family4 ,in a hymn of the ,rig-,veda we find the idea that the merits or the pious may benefit their neighbours4#ajc ,according to one of the ,pahlavi texts1 persons who are wholly unable to perform good works are supposed to be entitled to a share of any supererogatory good works performed by others4#ajd ,the ,chinese believe that #ig whole kingdoms are blessed by benevolent spirits for the virtuous conduct of their rulers4#aje ,yahveh promised not to destroy ,sodom for the sake of ten righteous1 provided that so many righteous could be found in the town4#ajf ,the doctrine of vicarious reward or satisfaction through good works is1 in fact1 more prevalent than the doctrine of vicarious punishment4 ,jewish theology has a great deal more to say about the acceptance of the merits of the righteous on behalf of the wicked1 than about atonement through sacrifice4#ajg ,the ,muhammedans1 who know nothing of vicarious suffering as a means of expiation1 confer merits upon their dead by reciting chapters of the ,koran and almsgiving1 and some of them allow the pilgrimage to ,mecca to be done by proxy4#ajh ,christian theology itself maintains that salvation depends on the merit of the passion of ,christ2 and from early times the merits of martyrs and saints were believed to benefit other members of the ,church4#aji ,footnote #ajc3 ,rig-,veda1 vii4 #ce4 #d4 ,footnote #ajd3 ,dn--,mang- ,khirad xv4 #c4 ,footnote #aje3 de ,groot1 ,religious ,system of ,china 7vol4 iv4 book7 ii4 #dce4 ,footnote #ajf3 ,genesis1 xviii4 #cb4 ,footnote #ajg3 ,robertson ,smith1 ,religion of the ,semites1 p4 #dbd1 n4 #a4 ,footnote #ajh3 ,lane1 ,modern ,egyptians1 pp4 #bdg1 #bdh1 #ecb4 ,sell1 op4 cit4 pp4 #bdb1 #bgh1 #bhg1 #bhh1 #bih4 ,cf4 ,wallin1 ,frsta ,resa frn ,cairo till ,arabiska knen1 p4 #ajc4 ,footnote #aji3 ,harnack1 ,history of ,dogma1 ii4 #acc1 n4 #c4 ,for the explanation of these and similar facts various circumstances have to be considered4 ,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 joy4 ,there is solidarity not only between members of the same family1 but between members of the same social unit2 hence the virtues of individuals may benefit the whole community to which they belong4 ,the ,catholic theologian argues that1 since we are all regenerated unto ,christ by being washed in the same baptism1 made partakers of the same sacraments1 and1 especially1 of the same meat and drink1 the body and blood of ,christ1 we are all members of the same body4 ,as1 then1 the foot does not perform its functions solely for itself1 but also for the benefit of the eyes2 and as the eyes exercise their sight1 not for their own1 but for the common benefit of all the members2 so should works of satisfaction be deemed common to all the members of the #ih ,church4#aaj ,moreover1 virtues1 like sins1 are believed to be in a material way transferable4 ,in ,upper ,bavaria1 when a dead person is laid out1 a cake of flour is placed on his breast in order to absorb the virtues of the deceased1 whereupon the cake is eaten by the nearest relatives4#aaa ,and we are told that1 in a certain district in the north of ,england1 if a child is brought to the font at the same time as a body is committed to the ground1 whatever was good in the deceased person is supposed to be transferred to the little child1 since ,god does not allow any goodness to be buried and lost to the world1 and such goodness is most likely to enter a little child coming to the sacrament of ,baptism4#aab ,a blessing1 also1 no less than a curse1 is looked upon in the light of material energy2 goodness is not required for the acquisition of it1 mere contact will do4 ,blessings are hereditary3--,the just man walketh in his integrity3 his children are blessed after him4#aac ,footnote #aaj3 ,catechism of the ,council of ,trent1 ii4 #e4 #gb4 ,footnote #aaa3 ,am ,urquell1 ii4 #aja4 ,footnote #aab3 ,peacock1 ',executed ,criminals and ,folk-,medicine1' in ,folk-,lore1 vii4 #bhj4 ,footnote #aac3 ,proverbs1 xx4 #g4 ,it is no doubt more becoming for a god to pardon the sinner on account of the merits of the virtuous1 than to punish the innocent for the sins of the wicked4 ,it shows that his compassion overcomes his wrath2 and the mercy of the deity is1 among all divine attributes1 that on which the higher monotheistic religions lay most stress4 ,allah said1 ,whoso doth one good act1 for him are ten rewards1 and ,i also give more to whomsoever ,i will2 and whoso doth ill1 its retaliation is equal to it1 or else ,i forgive him4#aad ,nevertheless1 the moral consciousness of a higher type can hardly approve that the wicked should be pardoned for the sake of the virtuous1 or that the reward for an act should be bestowed upon anybody else than the agent4 ,the doctrine of vicarious merit or recompense is not just2 it involves that badness is unduly ignored2 it is based on crude ideas of goodness and merit4 ,the theory of opera supererogativa1 as we have seen1 attaches badness #ii and goodness to external acts rather than to mental facts1 and assumes that reparation can be given for badness1 whereas the scrutinising moral judge only forgives badness in case it is superseded by repentance4 ,if thus a bad act cannot be compensated by a good one1 even though both be performed by one and the same person1 it can still less be compensated by the good act of another man4 ,from various quarters we hear protests against the notion of vicarious merit--protests which emphasise the true direction of moral reward4 ,ezekiel1 who reproved the old idea that the children's teeth are set on edge because the fathers have eaten sour grapes1 also taught that a wicked son is to reap no benefit from the blessings bestowed upon a righteous father4#aae ,fear the day1 says the ,koran1 wherein no soul shall pay any recompense for another soul4#aaf ,the ,buddhistic ,dhammapada contains the following passage1 which sums up our whole argument3--,by oneself the evil is done1 by oneself one suffers2 by oneself evil is left undone1 by oneself one is purified4 ,the pure and the impure stand and fall by themselves1 no one can purify another4#aag ,footnote #aad3 ,lane-,poole1 ,speeches and ,table-,talk of ,mohammad1 p4 #adg4 ,footnote #aae3 ,ezekiel1 xviii4 #e sqq4 ,footnote #aaf3 ,koran1 ii4 #dd4 ,footnote #aag3 ,dhammapada1 xii4 #afe4 ,,chapter ,,iv ,,the ,,nature ,,of ,,the ,,moral ,,emotions 7concluded7 ,,we have seen that moral disapproval is a form of resentment1 and that moral approval is a form of retributive kindly emotion4 ,it still remains for us to examine in what respects these emotions differ from kindred non-moral emotions--disapproval from anger and revenge1 approval from gratitude--in other words1 what characterises them as specifically moral emotions4 ,it is a common opinion1 held by all who regard the intellect as the source of moral concepts1 that moral emotions only arise in consequence of moral judgments1 and that1 in each case1 the character of the emotion is determined by the predicate of the judgment4 ,we are told that1 when the intellectual process is completed1 when the act in question is definitely classed under such or such a moral category1 then1 and only then1 there follows instantaneously a feeling of either approbation or disapprobation as the case may be4#a ,when we hear of a murder1 for instance1 we must discern the wrongness of the act before we can feel moral indignation at it4 ,footnote #a3 ,fleming1 ,manual of ,moral ,philosophy1 p4 #ig sqq4 ,fowler1 ,principles of ,morals1 ii4 #aih sqq4 ,it is true that a moral judgment may be followed by a moral emotion1 that the finding out the tendency of a certain mode of conduct to evoke indignation or approval is apt to call forth such an emotion1 if there was none before1 or otherwise to increase the one existing4 ,it is1 moreover1 true that the predicate of a moral judgment1 as #aja well as the generalisation leading up to such a predicate1 may give a specific colouring to the approval or disapproval which it produces1 quite apart from the general characteristics belonging to that emotion in its capacity of a moral emotion2 the concepts of duty and justice1 for instance1 no doubt have a peculiar flavour of their own4 ,but for all this1 moral emotions cannot be described as resentment or retributive kindliness called forth by moral judgments4 ,such a definition would be a meaningless play with words4 ,whatever emotions may follow moral judgments1 such judgments could never have been pronounced unless there had been moral emotions antecedent to them4 ,their predicates1 as was pointed out above1 are essentially based on generalisations of tendencies in certain phenomena to arouse moral emotions2 hence the criterion of a moral emotion can in no case depend upon its proceeding from a moral judgment4 ,but at the same time moral judgments1 being definite expressions of moral emotions1 naturally help us to discover the true nature of these emotions4 ,the predicate of a moral judgment always involves a notion of disinterestedness4 ,when pronouncing an act to be good or bad1 ,i mean that it is so1 quite independently of any reference it might have to my own interests4 ,a moral judgment may certainly have a selfish motive2 but then it1 nevertheless1 pretends to be disinterested1 which shows that disinterestedness is a characteristic of moral concepts as such4 ,this is admitted even by the egoistic hedonist1 who maintains that we approve and condemn acts from self-love4 ,according to ,helvetius1 it is the love of consideration that a virtuous man takes to be in him the love of virtue2 and yet everybody pretends to love virtue for its own sake1 this phrase is in every one's mouth and in no one's heart4#b ,footnote #b3 ,helvetius1 ,de l',homme1 i4 #bfc4 ,if the moral concepts are essentially generalisations of tendencies in certain phenomena to call forth moral emotions1 and1 at the same time1 contain the notion of #ajb disinterestedness1 we must conclude that the emotions from which they spring are felt disinterestedly4 ,of this fact we find an echo--more or less faithful--in the maxims of various ethical theorisers1 as well as practical moralists4 ,we find it in the utilitarian demand that1 in regard to his own happiness and that of others1 an agent should be as strictly impartial as a disinterested and benevolent spectator2#c in the rule of righteousness laid down by ,samuel ,clarke1 that ,we so deal with every man1 as in like circumstances we could reasonably expect he should with us2#d in ,kant's formula1 ,act only on that maxim which thou canst at the same time will to become a universal law2#e in ,professor ,sidgwick's so-called axiom1 ,i ought not to prefer my own lesser good to the greater good of another2#f in the biblical sayings1 ,thou shalt love thy neighbour as thyself1#g and1 ,whatsoever ye would that men should do to you1 do ye even so to them4#h ,the same fact is expressed in the ,indian ,mahabharata1 where it is said3--,let no man do to another that which would be repugnant to himself2 this is the sum of righteousness2 the rest is according to inclination4 ,in refusing1 in bestowing1 in regard to pleasure and to pain1 to what is agreeable and disagreeable1 a man obtains the proper rule by regarding the case as like his own4#i ,similar words are ascribed to ,confucius4#aj ,when ,tsze-kung asked if there is any one word which may serve as a rule of practice for all one's life1 the ,master answered1 ,is not ,reciprocity such a word8 ,what you do not want done to yourself1 do not do to #ajc others4 ,and in another utterance ,confucius showed that the rule had for him not only a negative1 but a positive form4 ,he said that1 in the way of the superior man1 there are four things to none of which he himself had as yet attained2 to serve his father as he would require his son to serve him1 to serve his prince as he would require his minister to serve him1 to serve his elder brother as he would require his younger brother to serve him1 and to set the example in behaving to a friend as he would require the friend to behave to him4#aa ,footnote #c3 ,stuart ,mill1 ,utilitarianism1 p4 #bd4 ,footnote #d3 ,clarke1 ,discourse concerning the ,unchangeable ,obligations of ,natural ,religion1 p4 #bja4 ,footnote #e3 ,kant1 ,grundlegung zur ,metaphysik der ,sitten1 sec4 #b 7,smmtliche ,werke1 iv4 #bfi74 ,footnote #f3 ,sidgwick1 ,methods of ,ethics1 p4 #chc4 ,however1 as we have seen above1 this so-called axiom is not a correct representation of the disinterestedness of moral emotions4 ,footnote #g3 ,leviticus1 xix4 #ah4 ,st4 ,matthew1 xxii4 #ci4 ,footnote #h3 ,st4 ,matthew1 vii4 #ab4 ,cf4 ,st4 ,luke1 vi4 #ca4 ,footnote #i3 ,mahabharata1 xiii4 #eega sq41 in ,muir1 ,religious and ,moral ,sentiments1 rendered from ,sanskrit ,writers1 p4 #ajg4 ,cf4 ,panchatantra1 iii4 7,benfey's translation1 ii4 #bce74 ,footnote #aj3 ,lun ,y1 xv4 #bc4 ,cf4 ibid4 xii4 #b2 ,chung ,yung1 xiii4 #c4 ,footnote #aa3 ,chung ,yung1 xiii4 #d4 ,this golden rule is not1 as has been sometimes argued1 a rule of retaliation4#ab ,it does not say1 ,do to others what they wish to do to you2 it says1 ,do to others what you wish1 or require1 them to do to you4 ,it brings home to us the fact that moral rules are general rules1 which ought to be obeyed irrespectively of any selfish considerations4 ,if formulated as an injunction that we should treat our neighbour in the same manner as we consider that he1 under exactly similar circumstances1 ought to treat us1 it is simply identical with the sentence1 ,do your duty1 with emphasis laid on the disinterestedness which is involved in the very conception of duty4 ,so far1 ,st4 ,augustine was right in saying that ,do as thou wouldst be done by is a sentence which all nations under heaven are agreed upon4#ac ,footnote #ab3 ,letourneau1 ,l'volution religieuse dans les diverses races humaines1 p4 #eec4 ,footnote #ac3 ,st4 ,augustine1 quoted by ,lilly1 ,right and ,wrong1 p4 #ajf4 ,disinterestedness1 however1 is not the only characteristic by which moral indignation and approval are distinguished from other1 non-moral1 kinds of resentment or retributive kindly emotion4 ,it is1 indeed1 itself a form of a more comprehensive quality which characterises moral emotions--apparent impartiality4 ,if ,i pronounce an act done to a friend or to an enemy to be either good or bad1 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 enemy4 ,conversely1 if ,i pronounce an #ajd act done by a friend or by an enemy to be good or bad1 that implies that ,i assume the act to be either good or bad independently of my friendly or hostile feelings towards the agent4 ,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 stand1 both to those who are immediately affected by the acts in question1 and to those who perform those acts4 ,a moral emotion1 then1 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 concerned1 whilst the relationship between the parties themselves is left unaltered4 ,at the same time it is not necessary that the moral emotion should be really impartial4 ,it is sufficient that it is tacitly assumed to be so1 nay1 even that it is not knowingly partial4 ,in attributing different rights to different individuals1 or classes of individuals1 we are often1 in reality1 influenced by the relationship in which we stand to them1 by personal sympathies and antipathies2 and yet those rights may be moral rights1 in the strict sense of the term1 not mere preferences1 namely1 if we assume that any impartial judge would recognise our attribution of rights as just1 or even if we are unaware of its partiality4 ,similarly1 when the savage censures a homicide committed upon a member of his own tribe1 but praises one committed upon a member of another tribe1 his censure and praise are certainly influenced by his relations to the victim1 or to the agent1 or to both4 ,he does not reason thus3 it is blamable to kill a member of one's own tribe1 and it is praiseworthy to kill a member of a foreign tribe--whether the tribe be mine or not4 ,nevertheless1 his blame and his praise must be regarded as expressions of moral emotions4 ,finally1 a moral emotion has a certain flavour of generality4 ,we have previously noticed that a moral judgment very frequently implies some vague assumption #aje that it must be shared by everybody who possesses both a sufficient knowledge of the case and a sufficiently developed moral consciousness4 ,we have seen1 however1 that this assumption is illusory4 ,it cannot1 consequently1 be regarded as a conditio sine qu non for a moral judgment1 unless1 indeed1 it be maintained that such a judgment1 owing to its very nature1 is necessarily a chimera--an opinion which1 to my mind1 would be simply absurd4 ,but1 though moral judgments cannot lay claim to universality or objectivity1 it does not follow that they are merely individual estimates4 ,even he who fully sees their limitations must admit that1 when he pronounces an act to be good or bad1 he gives expression to something more than a personal opinion1 that his judgment has reference1 not only to his own feelings1 but to the feelings of others as well4 ,and this is true even though he be aware that his own conviction is not shared by those around him1 nor by anybody else4 ,he then feels that it would be shared if other people knew the act and all its attendant circumstances as well as he does himself1 and if1 at the same time1 their emotions were as refined as are his own4 ,this feeling gives to his approval or indignation a touch of generality1 which belongs to public approval and public indignation1 but which is never found in any merely individual emotion of gratitude or revenge4 99 99 99 99 99 ,the analysis of the moral emotions which has been attempted in this and the two preceding chapters1 holds good1 not only for such emotions as we feel on account of the conduct of others1 but for such emotions as we feel on account of our own conduct as well4 ,moral self-condemnation is a hostile attitude of mind towards one's self as the cause of pain1 moral self-approval is a kindly attitude of mind towards one's self as a cause of pleasure4 ,genuine remorse1 though focussed on the will of the person who feels it1 involves1 vaguely or distinctly1 some desire to suffer4 ,the repentant man wants to think of the wrong he has committed1 he wants clearly to realise #ajf its wickedness2 and he wants to do this1 not merely because he desires to become a better man1 but because it gives him some relief to feel the sting in his heart4 ,if punished for his deed1 he willingly submits to the punishment4 ,the ,philippine ,islander1 says ,mr4 ,foreman1 if he recognises a fault by his own conscience1 will receive a flogging without resentment or complaint1 although1 if he is not so convinced of the misdeed1 he will await his chance to give vent to his rancour4#ad ,we may feel actual hatred towards ourselves1 we may desire to inflict bodily suffering upon ourselves as a punishment for what we have done2#ae nay1 there are instances of criminals1 guilty of capital offences1 having given themselves up to the authorities in order to appease their consciences by suffering the penalty of the law4#af ,yet the desire to punish ourselves has a natural antagonist in our general aversion to pain1 and this often blunts the sting of the conscience4 ,suicide prompted by remorse1 which sometimes occurs even among savages1#ag is to be regarded rather as a method of putting an end to agonies1 than as a kind of self-execution2 and behind the self-torments of the sinner frequently lurks the hopeful prospect of heavenly bliss4 ,self-approval1 again1 is not merely joy at one's own conduct1 but is a kindly emotion1 a friendly attitude towards one's self4 ,such an attitude1 for instance1 lies at the bottom of the feeling that one's own conduct merits praise or reward4 ,footnote #ad3 ,foreman1 ,philippine ,islands1 p4 #ahe4 ,cf4 ,hinde1 ,the ,last of the ,masai1 p4 #cd2 ,zller1 ,das ,togoland1 p4 #cg4 ,footnote #ae3 ,cf4 ,jodl1 ,lehrbuch der ,psychologie1 p4 #fge4 ,footnote #af3 von ,feuerbach1 ,aktenmssige ,darstellung merkwrdiger ,verbrechen1 i4 #bdi2 ii4 #dgc1 #dgi sq4 von ,lasaulx1 ,shnopfer der ,griechen und ,rmer1 p4 #f4 ,footnote #ag3 ,see infra1 on ,suicide4 ,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 persons4 ,we may be angry with ourselves on account of some act of ours which is injurious to our own interests4 ,he who has lost at play may be as vexed at himself as he who has #ajg cheated at play1 and the egoist may bitterly reproach himself for having yielded to a momentary impulse of benevolence1 or even to conscience itself4 ,in order to be moral emotions1 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 people4 ,a person does not feel remorse when he reproaches himself from an egoistic motive1 or when he afterwards regrets that he has sacrificed the interests of his children to the impartial claim of justice4 ,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 unjust4 ,and besides being disinterested and apparently impartial1 remorse and moral self-approval have a flavour of generality4 ,as ,professor ,baldwin remarks1 moral approval or disapproval1 not only of other people1 but of one's self1 is never at its best except when it is accompanied1 in the consciousness which has it1 with the knowledge or belief that it is also socially shared4#ah ,indeed1 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 judge4 ,footnote #ah3 ,baldwin1 ,social and ,ethical ,interpretation in ,mental ,development1 p4 #cad4 ,,chapter ,v ,,the ,,origin ,,of ,,the ,,moral ,,emotions ,,we have found that resentment and retributive kindly emotion are easily explicable from their usefulness1 both of them having a tendency to promote the interests of the individuals who feel them4 ,this explanation also holds good for the moral emotions1 in so far as they are retributive emotions3 it accounts for the hostile attitude of moral disapproval towards the cause of pain1 and for the friendly attitude of moral approval towards the cause of pleasure4 ,but it still remains for us to discover the origin of those elements in the moral emotions by which they are distinguished from other1 non-moral1 retributive emotions4 ,first1 how shall we explain their disinterestedness8 ,we have to distinguish between different classes of conditions under which disinterested retributive emotions arise4 ,in the first place1 we may feel disinterested resentment1 or disinterested retributive kindly emotion1 on account of an injury inflicted1 or a benefit conferred1 upon another person with whose pain1 or pleasure1 we sympathise1 and in whose welfare we take a kindly interest4 ,our retributive emotions are1 of course1 always reactions against pain1 or pleasure1 felt by ourselves2 this holds true for the moral emotions as well as for revenge and gratitude4 ,the question to be answered1 then1 is1 ,why should we1 quite disinterestedly1 feel pain calling forth indignation because our neighbour is hurt1 and pleasure calling forth approval because he is benefited8 #aji ,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 expressions4 ,the sight of a happy face tends to produce some degree of pleasure in him who sees it2 the sight of the bodily signs of suffering tends to produce a feeling of pain4 ,in either case the feeling of the spectator is the result of a process of reproduction1 the perception of the physical manifestation of the feeling recalling the feeling itself on account of the established association between them4 ,sympathetic pain or pleasure may also be the result of an association between cause and effect1 between the cognition of a certain act or situation and the feeling generally produced by this act or situation4 ,a blow may cause pain to the spectator before he has witnessed its effect on the victim4 ,the sympathetic feeling is of course stronger when both kinds of association concur in producing it1 than when it is the result of only one4 ,as ,adam ,smith observes1 general lamentations which express nothing but the anguish of the sufferer1 create rather a curiosity to inquire into his situation1 along with some disposition to sympathise with him1 than any actual sympathy that is very sensible4#a ,on the other hand1 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 sympathise4 ,footnote #a3 ,adam ,smith1 ,theory of ,moral ,sentiments1 p4 #g4 ,but the sympathetic feeling which results from association alone is not what is generally understood by sympathy4 ,arising merely from the habitual connection of certain cognitions with certain feelings in the experience of the spectator1 it is1 strictly speaking1 not at all concerned with the feelings of the other person4 ,it is not a reflex of what he feels--which1 indeed1 is a matter of complete indifference--and the activity which it calls forth is thoroughly selfish4 ,if it is a feeling of pain1 the spectator naturally1 for his own sake1 tries to get rid of it2 but this #aaj may be done by turning the back upon the sufferer1 and looking out for some diversion4 ,the sympathetic feeling which springs from association alone1 may also produce a benevolent or hostile reaction against its immediate cause3 the smiling face often evokes a kindly feeling towards the smiler1 and the sight of suffering often directs irritation against the sufferer4#b ,in such cases it is the other person himself1 rather than his benefactor or his tormentor1 that is regarded as cause by the sympathiser4 ,when based on association alone1 the sympathetic feeling thus lacks the most vital characteristic of sympathy1 in the popular sense of the term3 it lacks kindliness4#c ,footnote #b3 ,leslie ,stephen1 ,science of ,ethics1 p4 #bdc4 ,footnote #c3 ,the difference between sympathy and kindly 7tender7 emotion has been commented upon by ,professor ,ribot 7,psychology of the ,emotions1 p4 #bcc71 and by ,mr4 ,shand1 in his excellent chapter on the ',sources of ,tender ,emotion1' in ,stout's ,groundwork of ,psychology1 p4 #aih sqq4 ,sympathy1 in the ordinary use of the word1 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 beings4 ,this sentiment1#d only1 induces us to take a kindly interest in the feelings of our neighbours4 ,it involves a tendency1 or willingness1 and1 when strongly developed1 gives rise to an eager desire1 to sympathise with their pains and pleasures4 ,under its influence1 our sympathetic feeling is no longer a mere matter of association2 we take an active part in its production1 we direct our attention to any circumstance which we believe may affect the feelings of the person whom we love1 to any external manifestation of his emotions4 ,we are anxious to find out his joys and sorrows1 so as to be able to rejoice with him and to suffer with him1 and1 especially1 when he stands in need of it1 to console or to help him4 ,for the altruistic sentiment is not merely willingness to sympathise2 it is above all a conative #aaa disposition to do good4 ,the latter aptitude must be regarded rather as the cause than as the result of the former2 affection is not1 as ,adam ,smith maintained1#e merely habitual sympathy1 or its necessary consequence4 ,it is true that sympathetic pain1 unaided by kindliness1 may induce a person to relieve the suffering of his neighbour1 instead of shutting his eyes to it2 but then he does so1 not out of regard to the feelings of the sufferer1 but simply to free himself of a painful cognition4 ,nor must it be supposed that the altruistic sentiment prompts to assistance only by strengthening the sympathetic feeling4 ,the sight of the wounded traveller may have caused no less pain to the ,pharisee than to the good ,samaritan2 yet it would have been impossible for the ,samaritan to dismiss his pain by going away1 since he felt a desire to assist the wounded1 and his desire would have been left ungratified if he had not stopped by the wayside4 ,to the egoist1 the relief offered to the sufferer is a means of suppressing the sympathetic pain2 to the altruist1 the sympathetic pain is1 so to say1 a means of giving relief4 ,the altruist wants to know1 to feel the pain of his neighbour1 because he desires to help him4 ,why are the most kind-hearted people often the most cheerful1 if not because they think of alleviating the misery of their fellow-creatures1 instead of indulging in the sympathetic pain which it evokes8 ,footnote #d3 ,i use the word sentiment in the sense proposed by ,mr4 ,shand1 in his article1 ',character and the ,emotions1' in ,mind1 ,n4,s4 v4 #bjc sqq41 and adopted by ,professor ,stout1 op4 cit4 p4 #bba sqq4 ,sentiments cannot be actually felt at any one moment2 they are complex mental dispositions1 and may1 as divers occasions arise1 give birth to the whole gamut of the emotions 7ibid4 p4 #bbc sq474 ,footnote #e3 ,adam ,smith1 op4 cit4 p4 #cbc4 ,it is obvious1 then1 that sympathy aided by the altruistic sentiment--sympathy in the common sense--tends to produce disinterested retributive emotions4 ,when we to some extent identify1 as it were1 our feelings with those of our neighbour1 we naturally look upon any person who causes him pleasure or pain as the cause of our sympathetic pleasure or pain1 and are apt to experience towards that person a retributive emotion similar in kind1 if not always in degree1 to the emotion which we feel when we are ourselves benefited or injured4 ,in all animal species which possess altruistic sentiments in some form or other1 we may be sure to find sympathetic resentment as their accompaniment4 #aab ,a mammalian mother is as hostile to the enemy of her young as to her own enemy4 ,among social animals whose gregarious instinct has developed into social affection1#f sympathetic resentment is felt towards the enemy of any member of the group2 they mutually defend each other1 and this undoubtedly involves some degree of sympathetic anger4 ,with reference to animals in confinement and domesticated animals1 many striking instances of this emotion might be quoted1 even in cases when injuries have been inflicted on members of different species to which they have become attached4 ,professor ,romanes' terrier1 whenever or wherever he saw a man striking a dog1 whether in the house1 or outside1 near at hand or at a distance1 4 4 4 4 used to rush in to interfere1 snarling and snapping in a most threatening way4#g ,darwin makes mention of a little ,american monkey in the ,zoological ,gardens of ,london which1 when seeing a great baboon attack his friend1 the keeper1 rushed to the rescue and by screams and bites so distracted the baboon1 that the man was able to escape4#h ,the dog who flies at any one who strikes1 or even touches1 his master1 is a very familiar instance of sympathetic resentment4 ,the ,rev4 ,charles ,williams mentions a dog at ,liverpool who saved a cat from the hands of some young ruffians who were maltreating it3 he rushed in among the boys1 barked furiously at them1 terrified them into flight1 and carried the cat off in his mouth1 bleeding and almost senseless1 to his kennel1 where he laid it on the straw1 and nursed it4#i ,in man1 sympathetic resentment begins at an early age4 ,professor ,sully mentions a little boy under four who was indignant at any picture where an animal suffered4#aj ,footnote #f3 ,the connection between social affection and the gregarious instinct will be discussed in a subsequent chapter4 ,footnote #g3 ,romanes1 ,animal ,intelligence1 p4 #ddj4 ,footnote #h3 ,darwin1 ,descent of ,man1 p4 #ajc4 ,cf4 ,fisher1 in ,revue ,scientifique1 xxxiii4 #fah4 ,a curious instance of a terrier avenging the death of another terrier1 his inseparable friend1 is mentioned by ,captain ,medwin 7,angler in ,wales1 ii4 #afb-afd1 #aig1 #baf sq474 ,footnote #i3 ,williams1 ,dogs and their ,ways1 p4 #dc4 ,footnote #aj3 ,sully1 ,studies of ,childhood1 p4 #bej4 ,the altruistic sentiments of mankind will be treated at #aac length in subsequent chapters4 ,we shall find reason to believe that not only maternal1 but to some extent1 paternal and conjugal affection1 prevailed in the human race from ancient times1 and that social affection arose in those days when the conditions of life became favourable to an expansion of the early family1 when the chief obstacle to a gregarious life--scarcity of food--was overcome1 and sociality1 being an advantage to man1 became his habit4 ,there are still savages who live in families rather than in tribes1 but we know of no people among whom social organisation outside the family is totally wanting4 ,later discoveries only tend to confirm ,darwin's statement that1 though single families or only two or three together1 roam the solitudes of some savage lands1 they always hold friendly relations with other families inhabiting the same district2 such families occasionally meeting in council and uniting for their common defence4#aa ,but as a general rule1 to which there are few exceptions1 the lower races live in communities larger than family groups1 and all the members of the community are united with one another by common interests and common feelings4 ,of the harmony1 mutual good-will1 and sense of solidarity1 which under normal conditions prevail in these societies1 much evidence will be adduced in following pages4 ,mr4 ,melville's remark with reference to some ,marquesas cannibals may be quoted as to some extent typical4 ,with them1 he says1 there hardly appeared to be any difference of opinion upon any subject whatever4 4 4 4 ,they showed this spirit of unanimity in every action of life3 everything was done in concert and good fellowship4#ab ,when a member of the group is hurt1 the feeling of unanimity takes the form of public resentment4 ,as ,robertson observed long ago1 in small communities1 every man is touched with the injury or affront offered to the body of which he is a member1 as if it were a personal attack upon his own honour or safety4 ,the desire of revenge is communicated from breast to breast1 #aad and soon kindles into rage4#ac ,speaking of some ,australian savages1 ,mr4 ,fison remarks3--,to the savage1 the whole gens is the individual1 and he is full of regard for it4 ,strike the gens anywhere1 and every member of it considers himself struck1 and the whole body corporate rises up in arms against the striker4#ad ,nobody will deny that there is a disinterested element in this public resentment1 even though every member of the group consider the enemy of any other member to be actually his own enemy as well1 and1 partly1 hate him as such4 ,footnote #aa3 ,darwin1 op4 cit4 p4 #ajh4 ,footnote #ab3 ,melville1 ,typee1 p4 #big sq4 ,footnote #ac3 ,robertson1 ,history of ,america1 i4 #cej4 ,cf4 ,clifford's theory of the tribal self 7,lectures and ,essays1 p4 #bij sqq474 ,he says 7ibid4 p4 #bia71 ,the savage is not only hurt when anybody treads on his foot1 but when anybody treads on his tribe4 ,footnote #ad3 ,fison and ,howitt1 ,kamilaroi and ,kurnai1 p4 #agj4 ,our explanation of what has here been called sympathetic resentment1 however1 is not yet complete4 ,this emotion1 as we have seen1 may be a reaction against sympathetic pain2 but it may also be directly produced by the cognition of the signs of anger4 ,in the former case it is1 strictly speaking1 independent of the emotion of the injured individual2 we may feel resentment on his behalf though he himself feels none4 ,in the latter case it is a reflected emotion1 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 heard1 and dogs from all sides rush to the spot1 each dog being apparently ready to bite any of the others4 ,in the former case1 it is1 by the medium of sympathetic pain1 closely connected with the inflicted injury2 in the latter case it may even be the reflection of an emotion which is itself sympathetic1 and the origin of which is perhaps out of sight4 ,in an infuriated crowd the one gets angry because the other is angry1 and very often the question1 ,why8 is hardly asked4 ,this form of sympathetic resentment is of considerable importance both as an originator and as a communicator of moral ideas4 ,to teach that a certain act is wrong is to teach that it is an object1 and a proper object1 of moral indignation1 and the aim of the instructor #aae is to inspire a similar indignation in the mind of the pupil4 ,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 authority2 but1 unfortunately1 in many cases where the duties of current morality are to be enjoined1 he cannot do so--for a very obvious reason4 ,of various acts which1 though inoffensive by themselves1 are considered wrong1 he can say little more than that they are forbidden by ,god and man2 and if1 nevertheless1 such acts are not only professed1 but actually felt1 to be wrong1 that is due to the fact that men are inclined to sympathise with the resentment of persons for whom they feel regard4 ,it is this fact that accounts for the connection between the punishment of an act and the consequent idea that it deserves to be punished4 ,we shall see that the punishment which society inflicts is1 as a rule1 an expression of its moral indignation2 but there are instances in which the order is reversed1 and in which human1 or1 as it may be supposed1 divine1 punishment or anger is the cause1 and moral disapproval the effect4 ,children1 as everybody knows1 grow up with their ideas of right and wrong graduated1 to a great extent1 according to the temper of the father or mother2#ae and men are not seldom1 as ,hobbes said1 like little children1 that have no other rule of good and evill manners1 but the correction they receive from their ,parents1 and ,masters4#af ,the case is the same with any outbreak of public resentment1 with any punishment inflicted by society at large4 ,however selfish it may be in its origin1 to whatever extent it may spring from personal motives1 it always has a tendency to become in some degree disinterested1 each individual not only being angry on his own behalf1 but at the same time reflecting the anger of everybody else4 ,footnote #ae3 ,cf4 ,baring-,gould1 ,origin and ,developwent of ,religious ,belief1 i4 #bab4 ,footnote #af3 ,hobbes1 ,leviathan1 i4 #b1 p4 #gf4 ,any means of expressing resentment may serve as a communicator of the emotion4 ,besides punishment1 language deserves special mention4 ,moral disapproval may #aaf be evoked by the very sounds of certain words1 like murder1 theft1 cowardice1 and others1 which not merely indicate the commission of certain acts1 but also express the opprobrium attached to them4 ,by being called a liar1 a person is more disgraced than by any plain statement of his untruthfulness2 and by the use of some strong word the orator raises the indignation of a sympathetic audience to its pitch4 ,all the cases of disinterested resentment which we have hitherto considered fall under the heading of sympathetic resentment4 ,but there are other cases into which sympathy does not enter at all4 ,resentment is not always caused by the infliction of an injury2 it may be called forth by any feeling of pain traceable to a living being as its direct or indirect cause4 ,quite apart from our sympathy with the sufferings of others1 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 interests1 which conflicts with no self-regarding feeling of ours4 ,there are in the human mind what ,professor ,bain calls disinterested antipathies1 sentimental aversions of which our fellow-beings are the subjects1 and on account of which we overlook our own interest quite as much as in displaying our sympathies and affections4#ag ,differences of taste1 habit1 and opinion1 are particularly apt to create similar dislikes1 which1 as will be seen1 have played a very prominent part in the moulding of the moral consciousness4 ,when a certain act1 though harmless by itself 7apart from the painful impression it makes upon the spectator71 fills us with disgust or horror1 we may feel no less inclined to inflict harm upon the agent1 than if he had committed an offence against person1 property1 or good name4 ,and here1 again1 our resentment is sympathetically increased by our observing a similar disgust in others4 ,we are easily affected by the aversions and likings of our neighbours4 ,as ,tucker said1 we grow to love things we perceive #aag them fond of1 and contract aversions from their dislikes4#ah ,footnote #ag3 ,bain1 ,emotions and the ,will1 p4 #bfh4 ,footnote #ah3 ,tucker1 ,light of ,nature ,pursued1 i4 #aed4 ,we have already seen that sympathy springing from an altruistic sentiment may produce1 not only disinterested resentment1 but disinterested retributive kindly emotion as well4 ,when taking a pleasure in the benefit bestowed on our neighbour1 we naturally look with kindness upon the benefactor2 and just as sympathetic resentment may be produced by the cognition of the outward signs of resentment1 so sympathetic retributive kindly emotion may be produced by the signs of retributive kindliness4 ,language communicates emotions by terms of praise1 as well as by terms of condemnation2 and a reward1 like a punishment1 tends to reproduce the emotion from which it sprang4 ,moreover1 men have disinterested likings1 as they have disinterested dislikes4 ,as an instance of such likings may be mentioned the common admiration of courage when felt irrespectively of the object for which it is displayed4 ,having thus found the origin of disinterested retributive emotions1 we have at the same time partly explained the origin of the moral emotions4 ,but1 as we have seen1 disinterestedness is not the sole characteristic by which moral indignation and approval are distinguished from other retributive emotions3 a moral emotion is assumed to be impartial1 or1 at least1 is not knowingly partial1 and it is coloured by the feeling of being publicly shared4 ,however1 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 generality1 but why disinterestedness1 apparent impartiality1 and the flavour of generality have become characteristics by which so-called moral emotions are distinguished from other retributive emotions4 ,the solution of this problem lies in the fact that society is the birthplace of the moral consciousness2 that the first moral judgments expressed1 not the private emotions of isolated individuals1 but emotions which were #aah felt by the society at large2 that tribal custom was the earliest rule of duty4 ,customs have been defined as public habits1 as the habits of a certain circle1 a racial or national community1 a rank or class of society4 ,but whilst being a habit1 custom is at the same time something else as well4 ,it not merely involves a frequent repetition of a certain mode of conduct1 it is also a rule of conduct4 ,as ,cicero observes1 the customs of a people are precepts in themselves4#ai ,we say that custom commands1 or custom demands1 and speak of it as strict and inexorable2 and even when custom simply allows the commission of a certain class of actions1 it implicitly lays down the rule that such actions are not to be interfered with4 ,footnote #ai3 ,cicero1 ,de ,officiis1 i4 #da4 ,the rule of custom is conceived of as a moral rule1 which decides what is right and wrong4#bj ,les loix de la conscience1 says ,montaigne1 que nous disons naistre de nature1 naissent de la coustume4#ba ,mr4 ,howitt once said to a young ,australian native with whom he was speaking about the food prohibited during initiation1 ,but if you were hungry and caught a female opossum1 you might eat it if the old men were not there4 ,the youth replied1 ,i could not do that2 it would not be right2 and he could give no other reason than that it would be wrong to disregard the customs of his people4#bb ,mr4 ,bernau says of the ,british ,guiana ,indians3--,their moral sense of good and evil is entirely regulated by the customs and practices inherited from their forefathers4 ,what their predecessors believed and did must have been right1 and they deem it the height of presumption to suppose that any could think and act otherwise4#bc ,the moral evil of the pagan ,greenlanders was all that was contrary to laws and customs1 as #aai regulated by the angakoks1 and when the ,danish missionaries tried to make them acquainted with their own moral conceptions1 the result was that they conceived the idea of virtue and sin as what was pleasing or displeasing to ,europeans1 as according or disaccording with their customs and laws4#bd ,the ,africans1 like most heathens1 ,mr4 ,rowley observes1 do not regard sin1 according to their idea of sin1 as an offence against ,god1 but simply as a transgression of the laws and customs of their country4#be ,the ,ba-,ronga call derogations of universally recognised custom yila1 prohibited1 tabooed4#bf ,the ,bedouins of the ,euphrates make no appeal to conscience or the will of ,god in their distinctions between right and wrong1 but appeal only to custom4#bg ,according to the laws of ,manu1 the custom handed down in regular succession since time immemorial is called the conduct of virtuous men4#bh ,the ,greek idea of the customary1 ,greek3 to no_/mimon1 shows the close connection between morality and custom2 and so do the words ,greek3 e7_/thos1 7_/thos1 and ,greek3 e7thika_/1 the ,latin mos and moralis1 the ,german ,sitte and ,sittlichkeit4#bi ,moreover1 in early society1 customs are not only moral rules1 but the only moral rules ever thought of4 ,the savage strictly complies with the ,hegelian command that no man must have a private conscience4 ,the following statement1 which refers to the ,tinnevelly ,shanars1 may be quoted as a typical example3--,solitary individuals amongst them rarely adopt any new opinions1 or any new course of procedure4 ,they follow the multitude to do evil1 and they follow the multitude to do good4 ,they think in herds4#cj ,footnote #bj3 ,cf4 ,austin1 ,lectures on ,jurisprudence1 i4 #ajd2 ,tnnies1 ',philosophical ,terminology1' in ,mind1 ,n4,s41 viii4 #cjd4 ,von ,jhering 7,zweck im ,recht1 ii4 #bc7 defines the ,german ,sitte as die im ,leben des ,volks sich bildende verpflichtende ,gewohnheit2 and a similar view is expressed by ,wundt 7,ethik1 p4 #abh sq474 ,footnote #ba3 ,montaigne1 ,essais1 i4 #bb 7,,oeuvres1 p4 #dh74 ,footnote #bb3 ,fison and ,howitt1 op4 cit4 p4 #bef sq4 ,footnote #bc3 ,bernau1 ,missionary ,labours in ,british ,guiana1 p4 #fj4 ,footnote #bd3 ,rink1 ,greenland1 p4 #bja sq4 ,footnote #be3 ,rowley1 ,religion of the ,africans1 p4 #dd4 ,footnote #bf3 ,junod1 ,ba-,ronga1 p4 #dgg4 ,footnote #bg3 ,blunt1 ,bedouin ,tribes of the ,euphrates1 ii4 #bbd4 ,footnote #bh3 ,laws of ,manu1 ii4 #ah4 ,footnote #bi3 ,for the history of these words1 see ,wundt1 op4 cit4 p4 #ai sqq4 ,for other instances illustrating the moral character of custom1 see ,maclean1 ,compendium of ,kafir ,law and ,customs1 p4 #cd 7,amaxosa72 ,macpherson1 ,memorials of ,service in ,india1 p4 #id 7,kandhs72 ,kubary1 ,ethnographische ,beitrge zur ,kenntniss der ,karolinischen ,inselgruppe1 i4 #gc 7,pelew ,islanders72 ,smith1 ,chinese ,characteristics1 p4 #aai4 ,footnote #cj3 ,caldwell1 ,tinnevelly ,shanars1 p4 #fi4 ,disobedience to custom evokes public indignation4 ,in #abj the lower stages of civilisation1 especially1 custom is a tyrant who binds man in iron fetters1 and who threatens the transgressor1 not only with general disgrace1 but often with bodily suffering4 ,to believe that man in a savage state is endowed with freedom either of thought or action1 says ,sir ,g4 ,grey1 is erroneous in the highest degree2#ca and this statement is corroborated by an array of facts from all quarters of the savage world4#cb ,now1 as the rule of custom is a moral rule1 the indignation aroused by its transgression is naturally a moral emotion4 ,moreover1 where all the duties incumbent on a man are expressed in the customs of the society to which he belongs1 it is obvious that the characteristics of moral indignation are to be sought for in its connection with custom4 ,the most salient feature of custom is its generality4 ,its transgression calls forth public indignation2 hence the flavour of generality which characterises moral disapproval4 ,custom is fixed once for all1 and takes no notice of the preferences of individuals4 ,by recognising the validity of a custom1 ,i implicitly admit that the custom is equally binding for me and for you and for all the other members of the society4 ,this involves disinterestedness2 ,i admit that a breach of the custom is equally wrong whether ,i myself am immediately concerned in the act or not4 ,it also involves apparent impartiality2 ,i assume that my condemnation of the act is independent of the relationship in which the parties concerned in it stand to me personally1 or1 at least1 ,i am not aware that my condemnation is influenced by any #aba such relationship4 ,and this holds good whatever be the origin of the custom4 ,though customs are very frequently rooted in public sympathetic resentment or in public disinterested aversions1 they may have a selfish and partial origin as well4 ,at first the leading men of the society may have prohibited certain acts because they found them disadvantageous to themselves1 or to those with whom they particularly sympathised4 ,where custom is an oppressor of women1 this oppression may certainly be traced back to the selfishness of men4 ,where custom sanctions slavery1 it is certainly not impartial to the slaves4 ,yet in the one case as in the other1 ,i assume custom to be in the right1 irrespectively of my own station1 and ,i even expect the women and slaves themselves to be of the same opinion4 ,such an expectation is by no means a chimera4 ,under normal social conditions1 largely owing to men's tendency to share sympathetically the resentment of their superiors1 the customs of a society are willingly submitted to1 and recognised as right1 by the large majority of its members1 whatever may be their station4 ,among the ,rejangs of ,sumatra1 says ,marsden1 a man without property1 family1 or connections1 never1 in the partiality of self-love1 considers his own life as being of equal value with that of a man of substance4#cc ,however selfish1 however partial a certain rule may be1 it becomes a true custom1 a moral rule1 as soon as the selfishness or the partiality of its makers is lost sight of4 ,footnote #ca3 ,grey1 ,journals of ,expeditions in ,north-,west and ,western ,australia1 ii4 #bag4 ,footnote #cb3 ,tylor1 ',primitive ,society1' in ,contemporary ,review1 xxi4 #gjf4 ,idem1 ,anthropology1 p4 #djh sq4 ,avebury1 ,origin of ,civilisation1 p4 #dff sqq4 ,eyre1 ,journals of ,expeditions into ,central ,australia1 ii4 #chd1 #che1 #chh4 ,curr1 ,the ,australian ,race1 i4 #ea4 ,mathew1 ',australian ,aborigines1' in ,jour4 and ,proceed4 ,roy4 ,soc4 ,n4,s4 ,wales1 xxiii4 #cih4 ,idem1 ,eaglehawk and ,crow1 p4 #ic4 ,taplin1 ',narrinyeri1' in ,woods1 ,native ,tribes of ,south ,australia1 pp4 #ce1 #acf sq4 ,hawtrey1 ',lengua ,indians of the ,paraguayan ,chaco1' in ,jour4 ,anthr4 ,inst4 xxxi4 #bib4 ,murdoch1 ',ethnological ,results of the ,point ,barrow ,expedition1' in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #dbg sq4 7,point ,barrow ,eskimo74 ,holm1 ',ethnologisk ,skizze af ,angmagsalikerne1' in ,meddelelser om ,grnland1 x4 #he4 ,nansen1 ,first ,crossing of ,greenland1 ii4 #bie4 ,johnston1 ,british ,central ,africa1 p4 #deb4 ,new1 ,life1 ,wanderings1 and ,labours in ,eastern ,africa1 p4 #aaj 7,wanika74 ,scott ,robertson1 ,kfirs of the ,hindu-,kush1 p4 #ahc sq4 ,footnote #cc3 ,marsden1 ,history of ,sumatra1 p4 #bdg4 ,it will perhaps be argued that1 by deriving the characteristics of moral indignation from its connection with custom1 we implicitly contradict our initial assumption that moral emotions lie at the bottom of all moral judgments4 ,but it is not so4 ,custom is a moral rule only on account of the indignation called forth by its transgression4 ,in its ethical aspect it is nothing but a generalisation of emotional tendencies1 applied to certain modes of conduct1 and transmitted from generation to generation4 ,public indignation lies at the bottom of it4 ,in its capacity #abb of a rule of duty1 custom1 mos1 is derived from the emotion to which it gave its name4 ,as public indignation is the prototype of moral disapproval1 so public approval1 expressed in public praise1 is the prototype of moral approval4 ,like public indignation1 public approval is characterised by a flavour of generality1 by disinterestedness1 by apparent impartiality4 ,but of these two emotions public indignation1 being at the root of custom and leading to the infliction of punishment1 is by far the more impressive4 ,hence it is not surprising that the term moral is etymologically connected with mos1 which always implies the existence of a social rule the transgression of which evokes public indignation4 ,only by analogy it has come to be applied to the emotion of approval as well4 ,though taking their place in the system of human emotions as public emotions felt by the society at large1 moral disapproval and approval have not always remained inseparably connected with the feelings of any special society4 ,the unanimity of opinion which originally characterised the members of the same social unit was disturbed by its advancement in civilisation4 ,individuals arose who found fault with the moral ideas prevalent in the community to which they belonged1 criticising those ideas on the basis of their own individual feelings4 ,such rebels are certainly no less justified in speaking in the name of morality true and proper1 than is society itself4 ,the emotions from which their opposition against public opinion springs may be1 in nature1 exactly similar to the approval or disapproval felt by the society at large1 though they are called forth by different facts or1 otherwise1 differ from these emotions in degree4 ,they may present the same disinterestedness and apparent impartiality--indeed1 dissent from the established moral ideas largely rises from the conviction that the apparent impartiality of public feelings is an illusion4 ,as will be seen1 the evolution of the moral consciousness involves a progress in impartiality and justice2 it tends towards an equalisation #abc of rights1 towards an expansion of the circle within which the same moral rules are held applicable2 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 right4 ,nay1 as we have already noticed1 individual moral feelings do not even lack that flavour of generality which characterises the resentment and approval felt unanimously by a body of men4 ,though1 perhaps1 persecuted by his own people as an outcast1 the moral dissenter does not regard himself as the advocate of a mere private opinion4#cd ,even when standing alone1 he feels that his conviction is shared at least by an ideal society1 by all those who see the matter as clearly as he does himself1 and who are animated with equally wide sympathies1 an equally broad sense of justice4 ,thus the moral emotions remain to the last public emotions--if not in reality1 then as an ideal4 ,footnote #cd3 ,cf4 ,pollock1 ,essays in ,jurisprudence and ,ethics1 p4 #cji4 ,the fact that the earliest moral emotions were public emotions implies that the original form of the moral consciousness cannot1 as is often asserted1 have been the individual's own conscience4 ,dr4 ,martineau's observation1 that the inner springs of other men's actions may be read off only by inference from our own experience1 by no means warrants his conclusion that the moral consciousness is at its origin engaged in self-estimation1 instead of circuitously reaching this end through a prior critique upon our fellow-men4#ce ,the moral element which may be contained in the emotion of self-reproach or self-approval1 is generally to such an extent mixed up with other and non-moral elements1 that it can be disentangled only by a careful process of abstraction1 guided by the feelings of other people with reference to our conduct or by our own feelings with reference to the conduct of others4 ,the moral emotion of remorse presupposes some notion of right and wrong1 and the application of this notion to one's own conduct4 ,hence it could never have #abd been distinguished as a special form of1 or element in1 the wider emotion of self-reproach1 unless the idea of morality had been previously derived from another source4 ,the similarity between regret and remorse is so close1 that in certain ,european languages there is only one word for both4#cf ,footnote #ce3 ,martineau1 ,types of ,ethical ,theory1 ii4 #bi sqq4 ,footnote #cf3 ,as1 in ,swedish1 the word nger4 99 99 99 99 99 ,from what has been said above it is obvious that moral resentment is of extreme antiquity in the human race1 nay1 that the germ of it is found even in the lower animal world1 among social animals capable of feeling sympathetic resentment4 ,the origin of custom as a moral rule no doubt lies in a very remote period of human history4 ,we have no knowledge of a savage people without customs1 and1 as will be seen subsequently1 savages often express their indignation in a very unmistakable manner when their customs are transgressed4 ,various data prove that the lower races have some feeling of justice1 the flower of all moral feelings4 ,and the supposition that remorse is unknown among them1#cg is not only unfounded1 but contradicted by facts4 ,indeed1 genuine remorse is so hidden an emotion even among ourselves1 that it cannot be expected to be very conspicuous among savages4 ,as we have seen1 it requires a certain power of abstraction1 as well as great impartiality of feeling1 and must therefore be sought for at the highest reaches of the moral consciousness rather than at its lowest degrees4 ,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 customs1 as also contrary to the direct statements of travellers who have taken some pains to examine the matter4 ,the answer given by the young ,australian when asked by ,mr4 ,howitt whether he might not eat a female opossum if the old men were not present1#ch certainly indicates conscientious respect for a moral rule1 and is1 as ,mr4 ,fison observes1 a striking instance of that 'moral #abe feeling' which ,sir ,john ,lubbock denies to savages4#ci ,dr4 ,hbbe-,schleiden asserts that1 among the people whom he had in his service1 he found the ,negroes1 in their sense of duty1 not inferior1 but rather superior to the ,europeans4#dj ,mr4 ,new says of the ,wanika3--,conscience lives in them as the vicegerent of ,almighty ,god1 and is ever excusing or else accusing them4 ,it may be blunted1 hardened1 resisted1 and largely suppressed1 but there it is4#da ,m4 ,arbousset once desired some ,bechuanas to tell him whether the blacks had a conscience4 ,yes1 all have one1 they said in reply4 ,and what does it say to them8 ,it is quiet when they do well and torments them when they sin4 ,what do you call sin8 ,the theft1 which is committed trembling1 and the murder from which a man purifies and re-purifies himself1 but which always leaves remorse4#db ,mr4 ,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 be1 even for an act not criminal1 as we consider it1 but merely ungenerous and unfilial4#dc ,footnote #cg3 ,avebury1 ,origin of ,civilisation1 pp4 #dba1 #dbf4 ,footnote #ch3 ,see supra1 p4 #aah4 ,footnote #ci3 ,fison and ,howitt1 op4 cit4 p4 #beg n4 ,footnote #dj3 ,hbbe-,schleiden1 ,ethiopien1 p4 #ahd sq4 ,footnote #da3 ,new1 op4 cit4 p4 #if4 ,footnote #db3 ,arbousset and ,daumas1 ,exploratory ,tour to the ,north-,east of the ,colony of the ,cape of ,good ,hope1 p4 #cbb4 ,footnote #dc3 ,matthews1 ',study of ,ethics among the ,lower ,races1' in ,journal of ,american ,folk-,lore1 xii4 #g4 ,a different opinion as to the existence of moral feelings among savages has been expressed by ,lord ,avebury4 ,to him even modern savages seem to be almost entirely wanting in moral feeling2 and he says that he has been forced to this conclusion1 not only by the direct statements of travelers but by the general tenor of their remarks1 and especially by the remarkable absence of repentance and remorse among the lower races of men4#dd ,the importance of the subject renders #abf it necessary to scrutinise the facts which ,lord ,avebury has adduced in support of his conclusion4 ,footnote #dd3 ,avebury1 op4 cit4 pp4 #dad1 #dbf4 ,lord ,avebury quotes ,burton's statement that in ,eastern ,africa1 as also among the ,yoruba negroes1 conscience does not exist1 and that repentance expresses regret for missed opportunities of mortal crime4 ,speaking of the stage of savagery represented by the ,bakari1 ,dr4 von den ,steinen likewise observes 7,unter den ,naturvlkern ,zentral-,brasiliens1 p4 #cea71 ,goodness and badness exist only in the crude sense of doing to others what is agreeable or disagreeable1 but the moral consciousness1 and the ideal initiative1 influenced neither by prospect of reward nor fear of punishment1 are entirely lacking4 ,lippert maintains 7,kulturgeschichte der ,menschheit1 i4 #bg7 dass sich das ,gewissen beim ,naturmenschen nicht als ',selbsttadel1' sondern nur als ,furcht zeigt4 ,mr4 ,neighbors states that1 among the ,comanches of ,texas1 no individual action is considered a crime1 but every man acts for himself according to his own judgment1 unless some superior power--for instance1 that of a popular chief--should exercise authority over him4 ,another writer says1 ,the ,redskin has no moral sense whatever4 ,among the ,basutos1 according to ,casalis1 morality depends so entirely upon social order that all political disorganisation is immediately followed by a state of degeneracy1 which the re-establishment of order alone can rectify4 ,similar accounts are given as regards ,central ,africa and some other places4 ,thus at ,jenna1 and in the surrounding districts1 whenever a town is deprived of its chief1 the inhabitants acknowledge no law--anarchy1 troubles1 and confusion immediately prevail1 and till a successor is appointed all labour is at an end4 ,the ,damaras seem to have no perceptible notion of right or wrong4 ,the ,tasmanians were without any moral views and impressions4 ,eyre says of the ,australians that they have no moral sense of what is just and equitable in the abstract2 and a missionary had very great difficulty in conveying to those natives any idea of sin4 ,the ,kacharis had in their own language no words for sin1 for piety1 for prayer1 for repentance2 and of another of the aboriginal tribes of ,india ,mr4 ,campbell remarks that they are 4 4 4 said to be without moral sense4 ,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 things4 ,the ,south ,american ,indians of the ,gran ,chaco are said by the missionaries to make no distinction between right and wrong1 and have therefore neither fear nor hope of any present or future punishment or reward1 nor any mysterious terror of some supernatural power4 ,finally1 ,lord ,avebury observes that religion1 except in the more advanced races1 has no moral aspect or influence1 that the deities are almost invariably regarded as evil1 and that the belief in a future state is not at first associated with reward or punishment4#de ,footnote #de3 ,avebury1 op4 cit4 p4 #dag sqq4 ,many of the facts referred to by ,lord ,avebury do not at all presuppose the absence of moral feelings4 ,it is difficult to see why the malevolence of gods should prevent men from having notions of right and wrong1 and we know from the ,old ,testament itself that there may be a moral law without ,paradise #abg and ,hell4 ,the statement concerning the ,comanches only implies that1 among them1 individual freedom is great2 whilst the social disorder which prevails among various peoples at times of political disorganisation indicates that the cohesiveness of the political aggregate is weak1 as well as a certain discrepancy between moral ideas and moral practice4 ,in ,morocco1 also1 the death of a ,sultan is immediately followed by almost perfect anarchy1 and yet the people recognise both the moral tenets of the ,koran and the still more stringent tenets of their ancient customs4 ,as to the ,basutos1 ,casalis expressly states that they have the idea of moral evil1 and represent it in their language by words which mean ugliness1 or damage1 or debt1 or incapacity2#df and ,m4 ,arbousset once heard a ,basuto say1 on an unjust judgment being pronounced1 ,the judge is powerful1 therefore we must be silent2 if he were weak1 we should all cry out about his injustice4#dg ,moreover1 a people may be unconscious of what is just in the abstract1 and of moral notions1 in the strict sense of the term1 and at the same time1 in concrete cases1 distinguish between right and wrong1 just and unjust4 ,of the ,western ,australians1 ,mr4 ,chauncy expressly says that they have a keen sense of justice1 and mentions an instance of it2#dh whilst our latest authorities on the ,central ,australians observe that1 though their moral code differs radically from ours1 it cannot be denied that their conduct is governed by it1 and that any known breaches are dealt with both surely and severely4#di ,as regards the ,tonga ,islanders1 ,mariner states that their ideas of honour and justice do not very much differ from ours except in degree1 they considering some things more honourable than we should1 and others much less so2 and in another place he says that the notions of the ,tonga people1 in respect to honour and justice 4 4 4 are tolerably well defined1 steady and universal1 though not always acted upon4#ej ,the statement that the ,american ,indians have no moral sense whatever1 sounds very strange when compared with what is known about their social and moral life2 ,buchanan1 for instance1 asserts that they have a strong innate sense of justice4#ea ,of course1 there may be diversity of opinion as to what constitutes the moral sense2 if the conception of sin or other theological notions are regarded as essential to it1 it is probably #abh wanting in a large portion of mankind1 and not only in the least civilised4 ,when missionaries or travellers deny to certain savages moral feelings and ideas1 they seem chiefly to mean feelings or ideas similar to their own4 ,footnote #df3 ,casalis1 ,basutos1 p4 #cjd4 ,footnote #dg3 ,arbousset and ,daumas1 op4 cit4 p4 #chi4 ,footnote #dh3 ,brough ,smyth1 ,aborigines of ,victoria1 ii4 #bbh4 ,footnote #di3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #df4 ,footnote #ej3 ,mariner1 ,natives of the ,tonga ,islands1 ii4 #aei1 #afc4 ,footnote #ea3 ,buchanan1 ,sketches of the ,history1 c41 of the ,north ,american ,indians1 p4 #aeh4 ,of many savage and barbarous peoples it is directly affirmed that they have a sense of justice4 ,mr4 ,man says concerning the ,andaman ,islanders1 ,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 honour1 and have some faint idea of the meaning of justice4#eb ,colonel ,dalton states that1 among the ,korws on the highlands of ,sirgja1 when several persons are implicated in one offence1 he has found them most anxious that to each should be ascribed his fair share of it1 and no more1 the oldest of the party invariably taking on himself the chief responsibility as leader or instigator1 and doing his utmost to exculpate as unaccountable agents the young members of the gang4#ec ,the ,aleuts1 according to ,veniaminof1 are naturally inclined to be just1 and feel deeply undeserved injuries4#ed ,kolben1 who is nowadays recognised as a good authority1#ee wrote of the ,hottentots1 ,the strictness and celerity of the ,hottentot justice are things in which they outshine all ,christendom4#ef ,missionaries have wondered that1 among the ,zulus1 in the absence for ages of all revealed truth and all proper religious instruction1 there should still remain so much of mental integrity1 so much ability to discern truth and justice1 and withal so much regard for these principles in their daily intercourse with one another4#eg ,zller ascribes to the ,negro a well-developed feeling of justice4 ,no ,european1 he says1 at least no ,european child1 could discriminate so keenly between just and unjust punishment4#eh ,mr4 ,hinde observes3--,one of the most marked characteristics of black people is their keen perception of justice4 ,they do not resent merited punishment where it is coupled with justice upon other matters4 ,the ,masai have their sense of justice particularly strongly developed4#ei ,dieffenbach writes of the ,maoris1 ,there is a high natural sense of justice amongst them2 #abi and it is from us that they have learnt that many forbidden things can be done with impunity1 if they can only be kept secret4#fj ,justice is a virtue which always commands respect among the ,bedouins1 and injustice on the part of those in power is almost impossible4 ,public opinion at once asserts itself2 and the ,sheykh1 who should attempt to override the law1 would speedily find himself deserted4#fa ,footnote #eb3 ,man1 in ,jour4 ,anthr4 ,inst4 xii4 #ib4 ,footnote #ec3 ,dalton1 ,descriptive ,ethnology of ,bengal1 p4 #bcj4 ,footnote #ed3 ,veniaminof1 quoted by ,dall1 ,alaska1 p4 #cih4 ,footnote #ee3 ,theophilus ,hahn remarks 7,the ,supreme ,being of the ,khoi-,khoi1 p4 #dj7 that ,kolben's reports have been doubted by ,european writers without any good reason4 ,footnote #ef3 ,kolben1 ,present ,state of the ,cape of ,good ,hope1 i4 #cja4 ,cf4 ibid4 i4 #cci4 ,footnote #eg3 ,quoted by ,tyler1 ,forty ,years among the ,zulus1 p4 #aig4 ,footnote #eh3 ,zller1 ,kamerun1 ii4 #ib4 ,cf4 ,idem1 ,das ,togoland1 p4 #cg4 ,footnote #ei3 ,hinde1 ,the ,last of the ,masai1 p4 #cd4 ,cf4 ,foreman1 ,philippine ,islands1 p4 #ahe4 ,footnote #fj3 ,dieffenbach1 ,travels in ,new ,zealand1 ii4 #ajf4 ,footnote #fa3 ,blunt1 ,bedouin ,tribes of the ,euphrates1 ii4 #bbd sqq4 ,much less conspicuous than the emotion of public resentment is the emotion of public approval4 ,these public emotions are largely of a sympathetic character1 and1 whilst a tendency to sympathetic resentment is always involved in the sentiment of social affection1 a tendency to sympathetic retributive kindly emotion is not4 ,among the lower animals this latter emotion seems hardly to occur at all1 and in men it is often deplorably defective4 ,resentment towards an enemy is itself1 as a rule1 a much stronger emotion than retributive kindly emotion towards a friend4 ,and1 as for the sympathetic forms of these emotions1 it is not surprising that the altruistic sentiment is more readily moved by the sight of pain than by the sight of pleasure1#fb considering that its fundamental object is to be a means of protection for the species4 ,moreover1 sympathetic retributive kindliness has powerful rivals in the feelings of jealousy and envy1 which tend to make the individual hostile both towards him who is the object of a benefit and towards him who bestows it4 ,as an ancient writer observes1 many suffer with their friends when the friends are in distress1 but are envious of them when they prosper4#fc ,but though these circumstances are a hindrance to the rise of retributive kindly emotions of a sympathetic kind1 they do not prevent public approval in a case when the whole society profits by a benefit1 nor have they any bearing on those disinterested instinctive likings of which ,i have spoken above4 ,i think1 then1 we may #acj safely conclude that public praise and moral approval occurred1 to some degree1 even in the infancy of human society4 ,it will appear from numerous facts recorded in following chapters1 that the moral consciousness of modern savages contains not only condemnation1 but praise4 ,footnote #fb3 ,cf4 ,jodl1 ,lehrbuch der ,psychologie1 p4 #fhf4 ,footnote #fc3 ,schmidt1 ,ethik der alten ,griechen1 i4 #bei4 ,,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 emotions4 ,we have further assumed that there are two kinds of moral emotions3 indignation and approval4 ,if these assumptions hold good1 either indignation or approval must be at the bottom of every moral concept4 ,that such is really the case will1 ,i think1 become evident from the present chapter1 in which the principal of those concepts will be analysed4 ,our analysis will be concerned with moral concepts formed by the civilised mind4 ,whilst the most representative of ,english terms for moral estimates have equivalents in the other ,european languages1 ,i do not take upon myself to decide to what extent they have equivalents in non-,european tongues4 ,that all existing peoples1 even the very lowest1 have moral emotions is as certain as that they have customs1 and there can be no doubt that they give expression to those emotions in their speech4 ,but it is another question how far their emotions have led to such generalisations as are implied in moral concepts4 ,concerning the ,fuegians ,m4 ,hyades observes1 ,les ides abstraites sont chez eux peu prs nulles4 ,il est difficile de dfinir exactement ce qu'ils appellent un homme bon et un homme mchant2 mais coup sr ils n'ont pas la notion de ce qui est bon ou mauvais1 abstraction faite de l'individu ou de l'objet auquel ils appliqueraient l'un ou l'autre #acb de ces attributs4#a ,the language of the ,californian ,karok1 though rich in its vocabulary1 is said to possess no equivalent for virtue4#b ,in the aboriginal tongues of the highlanders of ,central ,india there seem to be no expressions for abstract ideas1 the few such which they possess being derived from the ,hind4 4 4 4 4 ,the nomenclature of religious ceremony1 of moral qualities1 and of nearly all the arts of life they possess1 are all ,hind4#c ,on a strict examination of the language of the ,tonga ,islanders1 ,mariner could discover no words essentially expressive of some of the higher qualities of human merit1 as virtue1 justice1 humanity2 nor of the contrary1 as vice1 injustice1 cruelty1 c4 ,they have indeed expressions for these ideas1 he adds1 but these expressions are equally applicable to other things4 ,to express a virtuous or good man1 they would say1 tangata lill1 a good man1 or tangata loto lill1 a man with a good mind2 but the word lill1 good 7unlike our word virtuous71 is equally applicable to an axe1 canoe1 or anything else4#d ,of the ,australian natives about ,botany ,bay and ,port ,jackson ,collins wrote1 ,that they have ideas of a distinction between good and bad is evident from their having terms in their language significant of these qualities4 ,a fish of which they never ate1 was wee-re1 or bad1 whereas the kangaroo was bood-yer-re1 or good2 and these expressions were used not only for qualities which they perceived by their senses1 but for all kinds of badness and goodness1 and were the only terms they had for wrong and right4 ,their enemies were wee-re2 their friends bood-yer-re4 ,on our speaking of cannibalism1 they expressed great horror at the mention1 and said it was wee-re4 ,on seeing any of our people punished or reproved for ill-treating them1 they expressed their approbation1 and said it was bood-yer-re1 it was right4#e ,footnote #a3 ,hyades and ,deniker1 ,mission scientifique du ,cap ,horn1 vii4 #bea4 ,footnote #b3 ,powers1 ,tribes of ,california1 p4 #bb4 ,footnote #c3 ,forsyth1 ,highlands of ,central ,india1 p4 #aci4 ,footnote #d3 ,mariner1 ,natives of the ,tonga ,islands1 ii4 #adg sq4 ,footnote #e3 ,collins1 ,english ,colony in ,new ,south ,wales1 i4 #edh sq4 #acc ,considering1 moreover1 that even the ,european languages make use of such general terms as good and bad for the purpose of expressing moral qualities1 it seems likely that1 originally1 moral concepts were not clearly differentiated from other more comprehensive generalisations1 and that they assumed a more definite shape only by slow degrees4 ,at the same time we must not expect to find the beginning of this process reflected in the vocabularies of languages4 ,there is every reason to believe that a savage practically distinguishes between the badness of a man and the badness of a piece of food1 although he may form no clear idea of the distinction4 ,as ,professor ,wundt observes1 the phenomena of language do not admit of direct translation back again into ethical processes3 the ideas themselves are different from their vehicles of expression1 and here as everywhere the external mark is later than the internal act for which it stands4#f ,language is a rough generaliser2 even superficial resemblance between different phenomena often suffices to establish linguistic identity between them4 ,compare the rightness of a line with the rightness of conduct1 the wrongness of an opinion with the wrongness of an act4 ,and notice the different significations given to the verb ought in the following sentences3--,they ought to be in town by this time1 as the train left ,paris last night2 ,if you wish to be healthy you ought to rise early2 ,you ought always to speak the truth4 ,though it may be shown that in these statements the predicate ought signifies something which they all have in common--the reference to a rule1#g--we must by no means assume that this constitutes the essence of the moral ought1 or gives us the clue to its origin4 ,footnote #f3 ,wundt1 ,ethik1 p4 #cf 7,english translation1 p4 #dd74 ,footnote #g3 ,cf4 ,stephen1 ,liberty1 ,equality1 ,fraternity1 p4 #cdc sq4 ,discarding all questions of etymology as irrelevant to our subject1#h we shall1 in our analysis of moral concepts1 #acd endeavour to fix the true import of each concept by examining how1 and under what circumstances1 the term expressing it is generally applied4 ,we shall restrict ourselves to the principal1 typical terms which are used as predicates in moral judgments4 ,if we succeed in proving that they are all fundamentally derived from either moral indignation or moral approval1 there can be no reasonable doubt as to the origin of the rest4 ,footnote #h3 ,the attempt to apply the philological method to an examination of moral concepts has1 in my opinion1 proved a failure--which may be seen from ,mr4 ,baynes' book on ,the ,idea of ,god and the ,moral ,sense in the ,light of ,language4 ,the tendency in a phenomenon to arouse moral indignation is directly expressed by the term bad1 and a disposition of mind which is characterised by some special kind of badness is called vice4 ,closely allied to the term bad is the term wrong4 ,but there is a difference in the use of these words4 ,whilst bad may be applied both to a person's character and to his conduct1 only his conduct may be said to be wrong4 ,the reason for this is that the concept of moral wrongness is modelled on the idea of a moral law1 the breach of which is regarded as wrong4 ,and1 by laying down a moral law1 we only enjoin a certain mode of conduct2 we do not command a person to have a certain character4 ,the moral law is expressed by the term ought1 a term which1 in modern ethics1 generally occupies a central position among moral predicates4 ,the notion which it embodies is frequently looked upon as ultimate and incapable of analysis--too elementary 7to quote ,professor ,sidgwick7 to admit of any formal definition4#i ,this view1 ,i think1 instead of simplifying the matter1 has been one of the chief causes of the prevailing confusion in ethical thought4 ,footnote #i3 ,sidgwick1 ,methods of ,ethics1 p4 #cc4 ,far from being a simple notion1 ought appears to me clearly decomposable1 even though it have a special flavour of its own4 ,first of all1 it expresses a conation4 ,when ,i feel that ,i ought to do a thing1 ,i experience an impulse to do it1 even though some opposite impulse may finally determine my action4 ,and when ,i say to another man1 ,you ought to do this1 or that1 there is certainly implied #ace a purpose to influence his action in a certain direction4 ,in the notion of duty1 the ethical import of which is identical with that of ought1 this conative element is not so obvious4 ,closely connected with the conative nature of ought is the imperative character it is apt to assume4 ,but1 though frequently used imperatively1 ought is not necessarily and essentially imperative4 ,even if the ought which ,i address to myself1 in a figurative sense1 may be styled a command1 it is hardly appropriate to speak of a present command with reference to past actions4 ,the common phrase1 ,you ought to have done this1 or that1 cannot be called a command4 ,the conation expressed in ought is determined by the idea that the mode of conduct which ought to be performed is not1 or will possibly not be1 performed4 ,it is also this idea of its not being performed that determines the emotion which gives to ought the character of a moral predicate4 ,the doing of what ought not to be done1 or the omission of what ought not to be omitted1 is apt to call forth moral indignation--this is the most essential fact involved in the notion of ought4 ,every ought-judgment contains implicitly a negation4 ,nobody would ever have dreamt of laying down a moral rule if the idea of its transgression had not presented itself to his mind4 ,we may reverse the words of the ,apostle1#aj and say that where no transgression is1 there is no law4 ,when ,solon was asked why he had specified no punishment for one who had murdered a father1 he replied that he supposed it could not occur to any man to commit such a crime4#aa ,similarly1 the modern ,shintoist concludes that the primval ,japanese were pure and holy from the fact that they are represented as a people who had no moral commandments4#ab ,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 #acf in the ,kantian ethics1 and which made ,bentham look upon the word itself as having in it something disagreeable and repulsive4#ac ,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 predominant4 ,whilst the ancient ,greeks1 with whom happiness was the state of nature1 never spoke of duty1 but held virtue to be the ,supreme ,good1 ,christianity1 on the other hand1 which looked upon man as a being born and bred in sin1 regarded morals pre-eminently as the science of duty4 ,then1 again1 in modern times1 ,kant's categorical imperative came as a reaction against that moral optimism which once more had given the preference to virtue1 considering everything in the world or in humanity as beautiful and good from the very beginning4#ad ,it is also worth noting that the feeling of self-complacency connected with the consciousness of having acted in accordance with the law of duty1 has no distinctively expressive name in ordinary language1 while the opposite feeling is known by so familiar and distinctive a term as remorse4 ,this is not1 as has been said1#ae a significant indication of the moral condition of mankind1 but a significant indication of the true import of the notion of duty itself4 ,footnote #aj3 ,romans1 iv4 #ae4 ,footnote #aa3 ,diogenes ,lartius1 ,solon1 #aj4 ,cicero1 ,pro ,s4 ,roscio ,amerino1 #be4 ,footnote #ab3 ,griffis1 ,religions of ,japan1 p4 #gb4 ,footnote #ac3 ,bentham1 ,deontoiogy1 i4 #aj4 ,footnote #ad3 ,ziegler1 ,social ,ethics1 pp4 #bb1 #ge sq4 ,footnote #ae3 ,murray1 ,introduction to ,ethics1 p4 #ajh4 ,it is not1 then1 in the emotion of approval that we must seek for the origin of this concept4 ,we may undoubtedly applaud him who is faithful to his duty1 but the idea of duty involves no applause4 ,there is no contradiction in the omission of an act being disapproved of and the performance of it being praised4 ,ought and duty express only the tendency of an omission to call forth disapproval1 and say nothing about the consequences of the act's performance4 ,the conscientious man refuses the homage paid to him1 by saying1 ,i have only done my duty4 ,duty is a stern #acg lawgiver1 who threatens with punishment1 but promises no reward4#af ,footnote #af3 ,the intrinsic connection between duty and disapproval has previously been noticed by ,stuart ,mill 7in a note to ,james ,mill's ,analysis of the ,human ,mind1 ii4 #cbe71 according to whom no case can be pointed out in which we consider anything as a duty1 and any act or omission as immoral or wrong1 without regarding the person who commits the wrong and violates the duty as a fit object of punishment4 ,cf4 also ,bain1 ,emotions and the ,will1 ch4 #ae1 and ,gizycki1 ,introduction to the ,study of ,ethics1 ,english adaptation by ,stanton ,coit1 p4 #ajb sq4 ,the ideas of ought and duty thus spring from the same source as the ideas of bad and wrong4 ,to say that a man ought to do a thing is1 so far as the morality of his action is concerned1 the very same thing as to say that it is bad1 or wrong1 of him not to do it--in other words1 that the not-doing of it has a tendency to call forth moral disapproval4 ,wrong is popularly regarded as the opposite of right1 and they are really contradictories1 but only within the sphere of positive moral valuation4 ,we do not call the actions of irresponsible beings1 like animals or infants1 right1 although they are not wrong2 nor do we pronounce morally indifferent actions of responsible beings to be right1 unless we wish thereby especially to mark their moral value as not being wrong4 ,an act which is permissible is of course not wrong1 and so far it may be said to be right2 but it would be more accurate to say that people have a right to do it4 ,the adjective right1 in its strict sense1 refers to cases from which the indifferent is excluded4 ,a right action is1 on a given occasion1 the right action1 and other alternatives are wrong4 ,right is thus closely related to ought1 but at the same time right and obligatory are not identical4 ,i cannot quite subscribe to the view of ,professor ,sidgwick1 that in the recognition of conduct as 'right' is involved an authoritative prescription to do it4#ag ,what is right is in accordance with the moral law2 the adjective right means that duty is fulfilled4 ,it is true that the super-obligatory also is right4 ,but right takes no notice of the super-obligatory as distinct from the obligatory1 and what goes #ach beyond duty always involves the fulfilment of some duty4 ,it may be admitted to be not only right1 but not to be more right4 ,right has no comparative4 ,a duty is either fulfilled or not1 and unless it be perfectly fulfilled the conduct is wrong4 ,there are degrees of wrongness and of goodness1 as the moral indignation and the moral approval may be stronger or weaker1 but there are no degrees of rightness4 ,footnote #ag3 ,sidgwick1 op4 cit4 p4 #ajf4 ,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 approval4#ah ,the choice of the right alternative may give us satisfaction and call forth in us an emotion of approval4 ,this emotion may be the motive for our pointing out the rightness of the act1 and the judgment in which we do so may even intrinsically contain applause4 ,the manner in which the judgment ,that is right1 is pronounced1 often shows that it is meant to be an expression of praise4 ,but this does not imply that the concept right by itself has reference to moral approval and involves praise4 ,it only means that in one word is expressed a certain concept--the concept that a duty is fulfilled--plus an emotion of approval4 ,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 promise1 or to abstain from killing1 robbing1 or lying1 although such acts or omissions generally have no tendency whatever to evoke in us an emotion of moral approval4 ,footnote #ah3 ,hutcheson1 ,essay on the ,nature and ,conduct of the ,passions and ,affections1 with ,illustrations on the ,moral ,sense1 p4 #bgi4 ,clifford1 ,lectures and ,essays1 pp4 #bid1 #cjd sq4 ,fowler and ,wilson1 ,principles of ,morals1 ii4 #aii4 ,alexander1 ,moral ,order and ,progress1 p4 #cii4 ,the concept of right1 then1 as implying that the opposite mode of conduct would have been wrong1 ultimately derives its moral significance from moral disapproval4 ,this may seem strange considering that right is commonly looked upon as positive and wrong as its negation4 ,but we must remember that language and popular conceptions in these matters start #aci from the notion of a moral rule or command4 ,it is a matter of paramount importance that such modes of conduct as are apt to arouse moral indignation should be avoided4 ,people try to prevent them by prohibitions and injunctions1 often emphasised by threats of penalties for the transgressors4 ,the whole moral and social discipline is based upon commands2 customs are rules of conduct1 and so are laws4 ,it is natural1 then1 that the notion of a command should figure uppermost in popular conceptions of morality4 ,obedience to the command is right1 a breach of it is wrong4 ,but the fact which gives birth to the command itself is the indignation called forth by the act which the command forbids1 or by the omission of that which it enjoins4 ,i have spoken here of right as an adjective4 ,used as a substantive1 to denote a right1 it also1 in whatever sense it be used1 expresses a concept which is rooted in the emotion of moral disapproval4 ,to have a right to do a thing is to be allowed to do it1 either by positive law1 in the case of a legal right1 or by the moral law1 in the case of a moral right2 in other words1 to have a moral right to do a thing means that it is not wrong to do it4 ,but generally the concept of a right means something more than this4 ,from the fact that an act is allowable1 that it is not wrong1 it follows1 as a rule1 that it ought not to be prevented1 that no hindrance ought to be put in the way of its performance2 and this character of inviolability is largely included in the very concepts of rights4 ,that a man has a right to live does not merely mean that he commits no wrong by supporting his life1 but it chiefly means that it would be wrong of other people to prevent him from living1 that it is their duty not to kill him1 or even1 as the case may be1 that it is their duty to help him to live4 ,and in order to constitute a right in him1 the duty in question must be a duty to him4 ,that a right belonging to ,a is not merely a duty incumbent on ,b1 but a duty to ,a incumbent on ,b1 will become evident from an example4 ,to kill another #adj person's slave may be condemned as an injury done to the slave himself1 in which case it is a duty to the slave not to kill him2 or to kill another person's slave may be condemned on account of the loss it causes to the master1 in which case it is deemed a duty to the master not to kill the slave4 ,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 alive1 not to be deprived of him by an act causing his death4 ,so commonly does the conception of a right belonging to a person contain the idea of a duty which other persons owe him1 that it seems necessary to point out the existence of rights in which no such idea is involved4 ,a man's right to defend his country1 for instance1 does not intrinsically imply that it is wrong of the enemy to disable him from doing so4 ,but1 on the other hand1 there are rights which are nothing else than duties towards those who have the rights4 ,a right is not always a person's right to a certain activity1 or to abstaining from a certain activity2 it may have exclusive reference to other people's acts or omissions4 ,that a man has the right to be rewarded by his country only means that his country is under an obligation to reward him4 ,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 him4 ,that a person has the right of bodily integrity only means that it is wrong to inflict on him a bodily injury4 ,these rights may1 no doubt1 if violated1 give rise to certain rights of activity3 a man may have a right to claim the reward which is due to him1 a father to exact from his children the obedience which they owe him1 a person who is wronged to defend himself4 ,but the rights of claiming a reward1 of exacting obedience1 of resisting wrong1 are certainly not identical with the rights of being rewarded1 of being obeyed1 of not being wronged4 ,it is commonly said that rights have their corresponding duties4 ,but if this expression is to be used1 it must be #ada remembered that the duty which corresponds to a right1 as a matter of fact1 is either included in that right or simply identical with it4 ,the identity between the right and the duty1 then1 consists in this1 that the notion of a right belonging to a person is identical with the notion of a duty towards him4 ,rights and duties are not identical in the sense that it is always a duty to insist on a right1 though this has been urged4#ai ,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 me1 but nothing of the kind is involved in the concept of a right4 ,and the same may be said with reference to the assertion that a right to do a thing is always1 at the same time1 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 duty2 in other words1 that all conduct of responsible beings is either wrong or obligatory4 ,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 perform1 that would not constitute identity between the concepts of rights and duties4 ,according to the meaning of a right1 ,a's right may be ,b's duty towards ,a1 but ,a's right cannot be ,a's duty towards ,b or anybody else4 ,footnote #ai3 ,alexander1 op4 cit4 p4 #adf sq4 ,closely connected with the notions of wrongness and rightness are the notions of injustice and justice4 ,injustice1 indeed1 is a kind of wrongness4 ,to be unjust is always to be unjust to somebody1 and this implies a doing of wrong to somebody1 a violation of somebody's right4 ,justice1 again1 is a kind of rightness4 ,it involves the notion that a duty to somebody1 a duty corresponding to a right1 is fulfilled2#bj we say that justice demands that it should be fulfilled4 ,as an act is right if its omission #adb is wrong1 so an act is just1 in the strict sense of the word1 if its omission is unjust4 ,but1 like the adjective right1 the adjective just is also sometimes used in a wider sense1 to denote that something is not unjust4 ,as non-obligatory acts that are not wrong can hardly be denied to be right1 so non-obligatory acts that are not unjust can hardly be denied to be just1 although they are not demanded by justice4 ,footnote #bj3 ,according to the ,institutiones of ,justinian 7i4 #a4 #a7 justice is the constant and perpetual will to render to each one his right1--justitia est constans et perpetua voluntas jus suum cuique tribuens4 ,at the same time1 injustice and justice are not simply other names for violating or respecting rights4 ,whenever we style an act unjust1 we emphasise that it involves partiality4 ,we do not denominate murder and robbery unjust1 but wrong or criminal1 because the partiality involved in their commission is quite obscured by their general wrongness or criminality2 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' rights4 ,and we look upon unjust as an exceedingly appropriate term for a judge who condemns an innocent man with the intention to save the culprit1 and for an employer who keeps for himself a profit which he ought to share with his employees4 ,again1 when we style an act just1 in the strict sense of the term1 we point out that an undue preference would have been shown to somebody by its omission4 ,it is true that1 as ,adam ,smith observes1 we may often fulfil all the rules of justice by sitting still and doing nothing1#ba 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 them2 but in such a case we hardly apply the epithet just1 simply because there is no reason for emphasising the partiality involved in the opposite mode of conduct4 ,on the other hand1 we say it is just1 or1 more emphatically1 that justice demands1 that the innocent should not suffer in the place of the guilty1 or that the employer should give his employees all their dues4 ,footnote #ba3 ,adam ,smith1 ,theory of ,moral ,sentiments1 p4 #aag4 ,it is necessary to note that the impartiality which justice #adc demands is impartiality within the recognised order of rights1 whether these rights themselves have a partial origin or not4 ,a father is unjust if he gives away property to one of his children in preference to others1 in case all of them are recognised to have a right to an equal share in his property1 even though it be only a conditional right2 and a man is unjust if he keeps for himself a profit to which another man has an equal right4 ,but in a society which regards slavery as a morally permissible institution1 a man is not necessarily deemed unjust if he beats a slave in a case where it would have been wrong to beat a freeman4 ,however1 in the case of unequal rights1 justice admits of no greater difference of treatment than what the difference in rights implies4 ,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 possesses1 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 severe4 ,it is the emphasis laid on the duty of impartiality that gives justice a special prominence in connection with punishments and rewards4 ,a man's rights depend to a great extent upon his actions4 ,other things being equal1 the criminal has not the same rights to inviolability as regards reputation1 or freedom1 or property1 or life1 as the innocent man2 the miser and egoist have not the same rights as the benefactor and the philanthropist4 ,on these differences in rights due to differences in conduct1 the terms just and unjust lay stress2 for in such cases an injustice would have been committed if the rights had been equal4 ,when we say of a criminal that he has been justly imprisoned we point out that he was no victim of undue partiality1 as he had forfeited the general right to freedom on account of his crime4 ,when we say of a benefactor that he has been justly rewarded1 we point out that no favour was partially bestowed upon him in preference to others1 as he had acquired the special right of being rewarded4 ,but the #add justice of a punishment or a reward1 strictly speaking1 involves something more than this2 as we have seen1 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 duty4 ,if it is just that a person should be rewarded1 he ought to be rewarded1 and to fulfil this duty is to do him justice4 ,again1 if it is just that a person should be punished1 he ought to be punished1 and his not being punished is an injustice to other persons4 ,it is an injustice towards all those whose condemnation of the wrong act finds its recognised expression in the punishment1 inasmuch as their rightful claim that the criminal should be punished1 their right of resisting wrong1 is thereby violated in favour of the wrong-doer4 ,moreover1 his not being punished is an injustice towards other criminals1 who have been punished for similar acts1 in so far as they have a right to demand that no undue preference should be shown to anybody whose guilt is equal to theirs4 ,retributive justice may admit of a certain latitude as to the retribution4 ,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 crime4 ,but it may be a demand of justice that1 under equal circumstances1 all of them should be punished with the same severity1 since the crime has equally affected their rights4 ,the emphasis which injustice lays on the partiality of a certain mode of conduct always involves a condemnation of that partiality4 ,like every other kind of wrongness1 injustice is thus a concept which is obviously based on the emotion of moral disapproval4 ,and so is the concept of justice1 whether it involves the notion that an injustice would be committed if a certain duty were not fulfilled1 or it is simply used to denote that a certain mode of conduct is not unjust4 ,but there is yet another sense in which the word just is applied4 ,it may emphasise the impartiality of an act in a tone of praise4 ,considering how difficult it is to be perfectly impartial and to give every man his due1 especially when one's own interests are #ade concerned1 it is only natural that men should be applauded for being just1 and consequently that to call a person just should often be to praise him4 ,so1 also1 justice is used as the name for a virtue1 the mistress and queen of all virtues4#bb ,but all this does not imply that an emotion of moral approval enters into the concept of justice4 ,it only means that one word is used to express a certain concept--a concept which1 as we have seen1 ultimately derives its import from moral disapproval--plus an emotion of approval4 ,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 just4 ,footnote #bb3 ,cicero1 ,de officiis1 iii4 #f4 99 99 99 99 99 ,from the concepts springing from moral disapproval we pass to those springing from moral approval4 ,foremost among these ranks the concept good4#bc ,footnote #bc3 ,professor ,bain1 who takes a very legal view of the moral consciousness1 maintains 7,emotions and the ,will1 p4 #bib7 that positive good deeds and self-sacrifice 4 4 4 transcend the region of morality proper1 and occupy a sphere of their own4 ,a similar opinion has been expressed by ,prof4 ,durkheim 7,division du travail social71 and1 more recently1 by ,dr4 ,lagerborg1 in his interesting essay1 ',la nature de la morale' 7,revue internationale de ,sociologie1 xi4 #dff74 ,prof4 ,durkheim argues 7p4 #cj7 that it would be contraire toute mthode to include under the same heading acts which are obligatory and acts which are objects of admiration1 and at the same time exempt from all regulation4 ,si donc1 pour rester fidle l'usage1 on rserve aux premiers la qualification de moraux1 on ne saurait la donner galement aux seconds4 ,but ,i fail to see that ordinary usage recognises regulation as the test of morality4 ,on the contrary1 terms like goodness and virtue1 though having no reference whatever to any moral rule1 have always hitherto been applied to qualities avowedly moral4 ,though good1 being affixed to a great variety of objects1 takes different shades of meaning in different cases1 there is one characteristic common to everything called good4 ,this is hardly1 as ,mr4 ,spencer maintains1#bd its quality of being well adapted to a given end4 ,it is true that the good knife is one which will cut1 the good gun one which carries far and true4 ,but ,i fail to see that good in a moral sense involves any idea of an adaptation to a given purpose1 and1 by calling conduct #adf good1 we certainly do not mean that it conduces to life in each and all4 ,good simply expresses approval or praise of something on account of some quality which it possesses4 ,a house is praised as good because it fulfils the end desired1 a wine because it has an agreeable taste1 a man on account of his moral worth4 ,good1 as a moral epithet1 involves a praise which is the outward expression of the emotion of moral approval1 and is affixed to a subject of moral valuation on account of its tendency to call forth such an emotion4 ,footnote #bd3 ,spencer1 ,principles of ,ethics1 i4 #ba sqq4 ,good has commonly been identified with right1 but such an identification is incorrect4 ,a father does right in supporting his young children1 inasmuch as he1 by supporting them1 discharges a duty incumbent upon him1 but we do not say that he does a good deed by supporting them1 or that it is good of him to do so4 ,nor do we call it good of a man not to kill or rob his neighbours1 although his conduct is so far right4 ,the antithesis between right and wrong is1 in a certain sense at least1 contradictory1 the antithesis between good and bad is only contrary4 ,every act--provided that it falls within the sphere of positive moral valuation--that is not wrong is right1 but every act that is not bad is not necessarily good4 ,just as we may say of a thing that it is not bad1 and yet refuse to call it good1 so we may object to calling the simple discharge of a duty good1 although the opposite mode of conduct would be bad4 ,on the other hand1 no confusion of ethical concepts is involved in attributing goodness to the performance of a duty1 or1 in other words1 praising a man for an act the omission of which would have incurred blame4 ,to say of one and the same act that it is right and that it is good1 really means that we look upon it from different points of view4 ,since moral praise expresses a benevolent attitude of mind1 it is commendable for a man not to be niggard in his acknowledgment of other people's right conduct2 whereas1 self-praise being objectionable1 only the other point of view is deemed proper when he passes a #adg judgment upon himself4 ,he may say1 without incurring censure1 ,i have done my duty1 ,i have done what is right1 but hardly1 ,i have done a good deed2 and it would be particularly obnoxious to say1 ,i am a good man4 ,the best man even refuses to be called good by others3--,why callest thou me good8 there is none good but one1 that is1 ,god4#be ,footnote #be3 ,st4 ,matthew1 xix4 #ag4 ,whilst goodness is the general expression for moral praise1 virtue denotes a disposition of mind which is characterised by some special kind of goodness4 ,he who is habitually temperate possesses the virtue of temperance1 he who is habitually just the virtue of justice4 ,and even when a man is simply said to be virtuous1 this epithet is given to him1 more or less distinctly1 with reference to some branch of goodness which constitutes his virtue4 ,a ,supreme ,being1 to whom is attributed perfect goodness1 is not called virtuous1 but good4 ,it was the opinion of ,aristotle that virtue is imperfect so long as the agent cannot do the virtuous action without a conflict of impulses4 ,others maintain1 on the contrary1 that virtue essentially expresses effort1 resistance1 and conquest4 ,it has been represented as mediation through pain2#bf according to ,kant1 it is the moral disposition in struggle4#bg ,but ,i do not see that virtue presupposes struggle1 nor that it is lessened by being exercised with little or no effort4 ,a virtue consists in the disposition to will or not to will acts of a certain kind1 and is by no means reduced by the fact that no rival impulses make themselves felt4 ,it is true that by struggle and conquest a man may display more virtue1 namely1 the virtue of self-restraint in addition to the virtue gained by it4 ,the vigorous and successful contest against temptation constitutes a virtue by itself4 ,for instance1 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 chastity4 ,but even this virtue of #adh resisting seductive impulses is not greater1 ceteris paribus1 in proportion as the victory is more difficult4 ,take two men with equally strong passions and equally exposed to temptations1 who earnestly endeavour to lead a chaste life4 ,he who succeeds with less struggle1 thanks to his greater power of will1 is surely inferior neither in chastity nor in self-restraint4 ,suppose1 again1 that the two men were exposed to different degrees of temptation4 ,he who overcomes the greater temptation displays more self-restraint2 yet the other man may possess this virtue in an equal degree1 and his chastity is certainly not made greater thereby4 ,he may have more merit1 but merit is not necessarily proportionate to virtue4 ,footnote #bf3 ,laurie1 ,ethica1 p4 #bec sqq4 ,footnote #bg3 ,kant1 ,kritik der praktischen ,vernunft1 i4 #a4 #c 7,smmtliche ,werke1 v4 #hi74 ,the virtues are broad generalisations of mental dispositions which1 on the whole1 are regarded as laudable4 ,owing to their stereotyped character1 it easily happens1 in individual cases1 that the possession of a virtue confers no merit upon the possessor2 and1 at least from the point of view of the enlightened moral consciousness1 a man's virtues are no exact gauge of his moral worth4 ,in order to form a just opinion of the value of a person's character1 we must take into account the strength of his instinctive desires and the motives of his conduct4 ,there are virtues that pay no regard to this4 ,a sober man1 who has no taste for intoxicants1 possesses the virtue of sobriety in no less degree than a man whose sobriety is the result of a difficult conquest over a strong desire4 ,he who is brave with a view to be applauded is not1 as regards the virtue of courage1 inferior to him who faces dangers merely from a feeling of duty4 ,the only thing that the possession of a virtue presupposes is that it should have been tried and tested4 ,we cannot say that people unacquainted with intoxicants possess the virtue of sobriety1 and that a man who never had anything to spend distinguishes himself for frugality4 ,for to attribute a virtue to somebody is always to bestow upon him some degree of praise1 and it is no praise1 only irony1 to say of a man that he makes a virtue of necessity4 #adi ,attempts have been made to reconcile the ,aristotelian and the ,kantian views of the relation between virtue and effort1 by saying that virtue is the harmony won and merit is the winning of it4#bh ,this presupposes that a man to whom virtue is natural has had his fights4 ,but1 surely1 it is not always so4 ,who could affirm that every temperate1 or charitable1 or just man has acquired the virtue only as a result of inward struggle8 ,there are people to whom some virtues at least are natural from the beginning1 and others who acquire them with a minimum of effort4 ,footnote #bh3 ,dewey1 ,study of ,ethics1 p4 #acc sq4 ,simmel1 ,einleitung in die ,moralwissenschaft1 i4 #bbh4 ,cf4 also ,shaftesbury ',inquiry concerning ,virtue and ,merit1' i4 #b4 #d1 in ,characteristicks1 ii4 #cf sqq4 ,there has been much discussion about the relation between virtue and duty4 ,it has been said that they are co-extensive1 the former describing conduct by the quality of the agent's mind1 the latter by the nature of the act performed2#bi that they express the same ideal1 virtue subjectively1 duty objectively2#cj or that virtue1 in its proper sense1 is the quality of character that fits for the discharge of duty1 and that it only lives in the performance of duty4#ca ,at the same time it is admitted that the distinctive mark of virtue seems to lie in what is beyond duty1 and that though every virtue is a duty1 and every duty a virtue1 there are certain actions to which it is more natural to apply the term virtuous4#cb ,prof4 ,sidgwick1 again1 in his elaborate chapter on ',virtue and ,duty1' 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 duty2 though recognising that virtue in its ordinary use is most conspicuously manifested in the latter4#cc ,footnote #bi3 ,alexander1 op4 cit4 p4 #bdd4 ,footnote #cj3 ,grote1 ,treatise on the ,moral ,ideals1 p4 #bb4 ,cf4 ,seth1 ,study of ,ethical ,principles1 p4 #bci4 ,footnote #ca3 ,muirhead1 ,elements of ,ethics1 p4 #aij n499 ,footnote #cb3 ,alexander1 op4 cit4 p4 #bdc sq4 ,footnote #cc3 ,sidgwick1 op4 cit4 p4 #bba4 ,it can be no matter of surprise that those who regard the notion of duty as incapable of being analysed1 or #aej who fail to recognise its true import1 are embarrassed by its relation to virtue4 ,we do not call it a virtue if a man habitually abstains from killing or robbing1 or pays his debts1 or performs a great number of other duties4 ,we do call chastity and temperance and justice virtues1 although we regard it as obligatory on a man to be chaste1 temperate1 just4 ,we also call hospitality1 generosity1 and charity virtues in cases where they go beyond the strict limits of duty4 ,the relation of virtue and duty is complicated1 says ,professor ,alexander4#cd ,in its common use each term seems to include something excluded from the other1 observes ,professor ,sidgwick4#ce ,but1 indeed1 the relation is not complicated1 for there is no other intrinsic relation between them than their common antagonism to wrong4 ,that something is a duty implies that its non-performance tends to evoke moral indignation1 that it is a virtue implies that its performance tends to evoke moral approval4 ,that the virtues actually cover a comparatively large field of the province of duty is simply owing to their being dispositions of mind4 ,we may praise the habits of justice and gratitude1 even though we find nothing praiseworthy in an isolated just or grateful act4 ,footnote #cd3 ,alexander1 op4 cit4 p4 #bdd4 ,footnote #ce3 ,sidgwick1 op4 cit4 p4 #bai4 ,there has been no less confusion with regard to the relation between duty and merit4 ,like the notions of good and virtue1 the meritorious derives its origin from the emotion of moral approval2 but while the former merely express a tendency to give rise to such an emotion1 meritorious implies that the object to which it refers merits praise1 that it has a just claim to praise1 or1 in other words1 that it ought to be recognised as good4 ,this makes the term meritorious more emphatic than the term good1 but at the same time it narrows its province in a peculiar way4 ,just as the expression that something ought to be done implies the idea of its not being done1 so the word meritorious suggests the idea of goodness which may fail of due recognition4 ,and as it is meaningless to speak of duty in a case where the #aea opposite mode of conduct is entirely out of the question1 so it would be an absurdity to attribute merit to somebody for an act the goodness of which is universally admitted4 ,thus meritorious involves a restriction4 ,it would be almost blasphemous to call the acts of a ,god conceived to be infinitely good meritorious1 since it would suggest a limitation of his goodness4 ,the emphatic claim to praiseworthiness made by the meritorious has rendered it objectionable to a great number of moralists4 ,it has been identified with the super-obligatory--a conception which is to many an abomination4 ,from what has been said above1 however1 it is manifest that they are not identical4 ,as the discharge of a duty may be regarded as a good act1 so it may also be regarded as an act which ought to be recognised as good4 ,practically1 no doubt1 there is a certain antagonism between duty and merit4 ,we praise1 and1 especially1 we regard as deserving praise1 only what is above the average1#cf and we censure what is below it4 ,no merit is conferred upon him who performs a duty which is seldom transgressed1 or the transgression of which would actually incur punishment or censure4 ,we do not think that a man ought to be praised for what his own interest prompts him to perform2 and1 since the transgression of a moral command which is usually obeyed is generally censured or punished1 there is under ordinary circumstances nothing meritorious in performing a duty4 ,but though thus probably most acts which are deemed meritorious fall outside the limits of duty as roughly drawn by the popular mind1 we are on the other hand often disposed to attribute merit to a man on account of an act which1 from a strict point of view1 is his duty1 but a duty which most people1 under the same circumstances1 would have left undischarged4 ,this shows that the antagonism between duty and merit is not absolute4 ,and in the concept of merit per se no such antagonism is involved4 ,footnote #cf3 ,merit1 as ,professor ,alexander puts it 7op4 cit4 p4 #aif71 expresses the interval which separates the meritorious from the average4 #aeb ,i confess that ,i fail to grasp what those writers really mean who identify the meritorious with the super-obligatory1 and at the same time deny the existence of any super-obligatory4 ,do they shut their eyes to the important psychical fact indicated by the term merit1 or do they look upon it as a chimera inconsistent with a sufficiently enlightened moral consciousness8 ,for my own part1 ,i cannot see how the moral consciousness could dispense with the idea that there are actions which merit praise or reward1 which ought to be praised or rewarded4 ,the denial of merit can be defended from a purely theological point of view1 but then only with regard to man's relation to ,god4 ,it is obvious that a fallen being who is sinning even when he does his best1 could not be recognised as good by ,god and could have no merit4 ,but it is hardly just1 nor is it practically possible1 that a man should measure his fellow-man by a superhuman standard of perfection1 and try to suppress the natural emotion of moral approval and the claims springing from it1 by persuading himself that there is no mortal being who ever does anything which ought to be recognised as good4 ,quite distinct from the question of merit1 then1 is that of the super-obligatory4 ,can a man do more than his duty1 or1 in other words1 is there anything good which is not at the same time a duty8 ,the answer depends on the contents given to the commandments of duty1 hence it may vary without affecting the concept of duty itself4 ,if we consider that there is an obligation on every man to promote the general happiness to the very utmost of his ability1 we must also maintain that nobody can ever do anything good beyond his duty4 ,the same is the case if we regard self-realisation1 or a normal exercise of his natural functions1 as a man's fundamental duty4 ,in all these cases to aim at acting beyond obligation1 as ,price puts it1#cg is the same with aiming at acting contrary to obligation1 and doing more than is fit to be done1 the same with doing wrong4 ,it can hardly be denied1 however1 #aec that those who hold similar views have actually two standards of duty1 one by which they measure man and his doings in the abstract1 with reference to a certain ideal of life which they please to identify with duty1 and another by which they are guided in their practical moral judgments upon their own and their neighbours' conduct4 ,the conscientious man is apt to judge himself more severely than he judges others1 partly because he knows his own case better than theirs1#ch and partly because he is naturally afraid of being intolerant and unjust4 ,he may indeed be unwilling to admit that he ever can do more than his duty1 seeing how difficult it is even to do what he ought to do1 and impressed1 as he would be1 with the feeling of his own shortcomings4 ,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 omissions4 ,footnote #cg3 ,price1 ,review of the ,principal ,questions in ,morals1 p4 #bjd sq4 ,footnote #ch3 ,cf4 ,sidgwick1 op4 cit4 p4 #bba4 ,professor ,sidgwick observes that we should not deny that it is1 in some sense1 a man's strict duty to do whatever action he judges most excellent1 so far as it is in his power4#ci ,this1 as it seems to me1 is not a matter of course1 and nothing of the kind is involved in the notion of duty itself4 ,we must not confound the moral law with the moral ideal4 ,duty is the minimum of morality1 the supreme moral ideal of the best man is the maximum of it4 ,those who sum up the whole of morality in the word ought identify the minimum and the maximum1 but ,i fail to see that morality is better for this4 ,rather it is worse4 ,the recognition of a super-obligatory does not lower the moral ideal2 on the contrary it raises it1 or at any rate makes it more possible to vindicate the moral law and to administer it justly4 ,it is nowadays a recognised principle in legislation that a law loses part of its weight if it cannot be strictly enforced4 ,if the realisation of the highest moral ideal is commanded by a moral law1 such a law will always remain a dead letter1 and morality will gain nothing4 ,far above the anxious #aed effort to fulfil the commandments of duty stands the free and lofty aspiration to live up to an ideal1 which1 unattainable as it may be1 threatens neither with blame nor remorse him who fails to reach its summits4 ,does not experience show that those whose thoughts are constantly occupied with the prescriptions of duty are apt to become hard and intolerant8 ,footnote #ci3 ,ibid4 p4 #bai4 ,those who deny the existence of anything morally praiseworthy which is not a duty1 are also generally liable to deny the existence of anything morally indifferent in the conduct of responsible beings4 ,the super-obligatory and the indifferent have this in common1 that they are ultra-obligatory1 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 consciousness4 ,even ,utilitarianism cannot consistently admit of anything indifferent within the province of moral valuation1 since two opposite modes of conduct can hardly produce absolutely the same sum of happiness4 ,such a repudiation of the indifferent being quite contrary to the morality of common sense1 which1 after all1 no ethical theory can afford to neglect1 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 examination4 ,professor ,ziegler ironically asks3--,such outward matters as eating and drinking are surely morally indifferent8 ,and yet is eating and drinking too much1 is spending too much time in outdoor exercise1 is lounging idly about1 morally indifferent8 or1 on the other hand1 is it morally allowable or wholesome to reduce oneself and make oneself weak and ill by fasting1 or to become a hypochondriac by continually staying indoors8#dj ,this argument1 however1 involves a confusion of different volitions4 ,the fact that eating or drinking generally1 or eating or drinking too much or too little1 are no matters of indifference1 surely does not prevent #aee eating or drinking on some certain occasion from being indifferent4 ,mr4 ,bradley again observes3--,it is right and a duty that the sphere of indifferent detail should exist4 ,it is a duty that ,i should develop my nature by private choice therein4 ,therefore1 because that is a duty1 it is a duty not to make a duty of every detail2 and thus in every detail ,i have done my duty4#da ,this statement also shows a curious confusion of entirely different facts4 ,it may be very true that it is a duty to recognise certain actions as indifferent4 ,this is one thing by itself4 ,but it is quite another thing to perform those actions4 ,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 them8 ,footnote #dj3 ,ziegler1 op4 cit4 p4 #he4 ,footnote #da3 ,bradley1 ,ethical ,studies1 p4 #aie1 n4 #a4 ,it has been maintained that the sphere of the indifferent forms the totality of ought2 that when the same end may be reached by a variety of means1 an action may be indifferent merely in relation to the choice of means1 but not so far as regards the attainment of the end1 and hence is only apparently indifferent4#db ,if it is my moral duty to go from one town to another1 says ,mr4 ,bradley1 and there are two roads which are equally good1 it is indifferent to the proposed moral duty which road ,i take2 it is not indifferent that ,i do take one or the other2 and whichever road ,i do take1 ,i am doing my duty on it1 and hence it is far from indifferent3 my walking on road ,a is a matter of duty in reference to the end1 though not a matter of duty if you consider it against walking on road ,b2 and so with ,b--but ,i can escape the sphere of duty neither on ,a nor on ,b4 ,all this is true1 but forms no argument against the indifferent4 ,the statement1 ,you ought to go to the town and to take either road ,a or ,b1 refers to two volitions which are regarded as wrong1 namely1 the volition not to go to the town at all1 and the volition to take any road not ,a or ,b2 and it #aef refers also to two pairs of volitions in reference to which it indicates that the choice between the volitions constituting each pair is indifferent4 ,you may choose to take road ,a or not to take it2 you may choose to take road ,b or not to take it4 ,the indifferent is always an alternative between contradictories4 ,it can therefore never form part of an ought-totality1 being itself a totality as complete as possible4 ,this is somewhat disguised by a judgment which makes an obligation of a choice between ,a and ,b1 but becomes conspicuous if we consider a simple case of indifference4 ,suppose that it is considered indifferent whether you speak or do not speak on a certain occasion4 ,what is here the ought that forms the totality of the indifferent8 ,would there be any sense in saying that you ought either to speak or not to speak8 or is the alternative1 speaking--not speaking1 only a link in an indefinite chain of alternatives1 each of which is by itself indifferent1 in a relative sense1 but the sum of which forms the ought8 ,you may be permitted--it will perhaps be argued--in a given moment to speak or to abstain from speaking1 to write or to abstain from writing1 to read or to abstain from reading1 and so on2 but however wide the province of the permissible may be1 there must always be a limit inside which you ought to remain4 ,that you do this or that may be a matter of indifference1 but only of relative indifference1 for it is not indifferent what you do on the whole2 hence there is nothing absolutely indifferent4 ,such an argument1 however1 involves a misapprehension of the true meaning of the indifferent4 ,the predicate expressing indifference refers to certain definite volitions and their contradictories1 not to the whole of a man's conduct in a certain moment4 ,the whole of a man's conduct is never indifferent4 ,but neither is the whole of a man's conduct ever wrong4 ,in the moment when a murderer kills his victim he is fulfilling an endless number of duties3 he abstains from stealing1 lying1 committing adultery1 suicide1 and so on4 ,the predicate wrong only marks the moral #aeg character of a special mode of conduct4 ,why should not the indifferent be allowed to do the same8 ,footnote #db3 ,simmel1 op4 cit4 i4 #ce sqq4 ,alexander1 op4 cit4 p4 #ej sqq4 ,murray1 op4 cit4 p4 #bf sq4 ,bradley1 op4 cit4 p4 #aie sq4 ,it has1 finally1 been observed that the so-called indifferent is something the morality of which can only be individually determined4#dc ,this remark calls attention to the fact that no mode of conduct can be regarded as indifferent without a careful consideration of individual circumstances1 and that much which is apparently indifferent is not really so4 ,this1 however1 does not involve an abolition of the indifferent4 ,such an abolition would be the extreme of moral intolerance4 ,he who tried to put it into practice would be the most insupportable of beings1 and to himself life would be unbearable4 ,fortunately1 such a man has never existed4 ,the attempts to make every action1 even the most trivial1 of responsible beings a matter of moral concern1 are only theoretical fancies without practical bearing1 a hollow and flattering tribute to the idol of ,duty4 ,footnote #dc3 ,martensen1 ,christian ,ethics1 p4 #dae4 ,,chapter ,,vii ,,customs ,,and ,,laws ,,as ,,expressions ,,of ,,moral ,,ideas ,,moral ideas are expressed in moral judgments4 ,we have hitherto examined the predicates of such judgments1 the import and origin of the moral concepts4 ,now a much wider field or research remains for us to traverse4 ,we shall direct our attention to the subjects of moral judgments1 to the mass of phenomena which1 among different peoples and in different ages1 have had a tendency to call forth moral blame and moral praise4 ,we shall discuss the general characteristics which all these phenomena have in common4 ,we shall classify the most important of them1 and study the moral ideas held with reference to the phenomena of each class separately4 ,and in both cases we shall not only analyse1 but try to find an answer to the question1 ,why8--the ultimate aim of all scientific research4 ,but before entering upon this vast undertaking1 we must define the lines on which it is to be conducted4 ,how can we get an insight into the moral ideas of mankind at large8 ,in answering this question ,i need not dwell upon such obvious means of information as direct experience1 or records of moral maxims and sentiments found in proverbs1 literary and philosophical works1 and religious codes4 ,the sources which1 from an evolutionary point of view1 are of the most comprehensive importance for our study1 are tribal and national customs and laws4 ,it is to these sources that the present chapter will be devoted4 #aei ,we have seen that a custom1 in the strict sense of the word1 is not merely the habit of a certain circle of men1 but at the same time involves a moral rule4 ,there is a close connection between these two characteristics of custom3 its habitualness and its obligatoriness4 ,whatever be the foundation for a certain practice1 and however trivial it may be1 the unreflecting mind has a tendency to disapprove of any deviation from it for the simple reason that such a deviation is unusual4 ,as ,abraham ,tucker observes1 it is a constant argument among the common people1 that a thing must be done1 and ought to be done1 because it always has been done4#a ,children show respect for the customary1#b and so do savages4 ,if you ask a ,kaffir why he does so and so1 he will answer--',how can ,i tell8 ,it has always been done by our forefathers4'#c ,the only reason which the ,eskimo can give for some of their present customs1 to which they adhere from fear of ill report among their people1 is that the old ,innuits did so1 and therefore they must4#d ,in the behaviour of the ,aleut1 who is bashful if caught doing anything unusual among his people1#e and in the average ,european's dread of appearing singular1 we recognise the influence of the same force of habit4 ,footnote #a3 ,tucker1 ,light of ,nature1 ii4 #eic4 ,cf4 also ,simmel1 ,einleitung in die ,moralwissenschaft1 i4 #fe sqq4 ,footnote #b3 ,sully1 ,studies of ,childhood1 p4 #bhj sq4 ,footnote #c3 ,leslie1 ,among the ,zulus and ,amatongas1 p4 #adf4 ,footnote #d3 ,hall1 ,arctic ,researches1 p4 #efi4 ,footnote #e3 ,dall1 ,alaska1 p4 #cif4 ,on the other hand1 it should be remembered that not every public habit is a custom1 involving an obligation2 certain practices1 though very general in a society1 may even be reprobated by almost every one of its members4 ,the habits of a people must therefore be handled with discretion by the student of moral ideas4 ,yet when he has no reason to conclude as to some special habit that it is held obligatory1 he may1 probably always1 be sure that it is either allowed1 or1 in spite of all assurances of its wickedness1 that the disapproval of it is not generally very deep or genuine4 ,in a community where lying is a #afj prevailing vice1 truthfulness cannot be regarded as a very sacred duty2 and where sexual immorality is widely spread1 the public condemnation of it always smacks of hypocrisy4 ,men's standard of morality is not independent of their practice4 ,the conscience of a community follows the same rule as the conscience of an individual4 ,commit a sin twice1 says the ,talmud1 and you will think it perfectly allowable4#f ,hence for the study of the inmost convictions of a nation1 its bad habits form a valuable complement to its professed opinions4 ,footnote #f3 ,deutsch1 ,literary ,remains1 p4 #eh4 ,the dictates of custom being dictates of morality1 it is obvious that the study of moral ideas will1 to a large extent1 be a study of customs4 ,but at the same time it should be borne in mind that custom never covers the whole field of morality1 and that the uncovered space grows larger in proportion as the moral consciousness develops4 ,being a rule of duty1 custom may only indirectly be an expression of moral approval1 by claiming1 in certain cases1 that goodness should be rewarded4 ,but even when demanding praise1 custom is not always a reliable exponent of merit2 it includes politeness1 and politeness is a great deceiver4 ,custom may compel us to praise a man for form's sake1 when he deserves no praise1 and to thank him when he deserves no thanks4 ,moreover1 custom regulates external conduct only4 ,it tolerates all kinds of volitions and opinions if not openly expressed4 ,it does not condemn the heretical mind1 but the heretical act4 ,it demands that under certain circumstances certain actions shall be either performed or omitted1 and1 provided that this demand is fulfilled1 it takes no notice of the motive of the agent or omitter4 ,again1 in case the course of conduct prescribed by custom is not observed1 the mental facts connected with the transgression1 if regarded at all1 are dealt with in a rough and ready manner1 according to general rules which hardly admit of individualisation4 ,yet the incongruity between custom and morality which ensues from these circumstances is on #afa the whole more apparent than real4 ,it is rather an incongruity between different moral standards4 ,the unreflecting moral consciousness1 like custom1 cares comparatively little for the internal aspect of conduct4 ,it does not ask whether a man goes to church on ,sunday from a religious motive or from fear of public opinion2 it does not ask whether he stays at home from love of ease or from dissent of belief and avoidance of hypocrisy4 ,it is ready to blame as soon as the dictate of custom is disobeyed4 ,the rule of custom is the rule of duty at early stages of development4 ,only progress in culture lessens its sway4 ,finally1 the moral ideas which are expressed in the customs of a certain circle of men are not necessarily shared by every one of its members4 ,this may1 in the present connection1 be considered a matter of slight importance by him who regards morality as objectively realised in the customs of a people1 and who denies the individual the right to a private conscience4 ,but from the subjective point of view which ,i am vindicating1 individual conviction has a claim to equal consideration with public opinion1 nay frequently1 to higher respect1 representing as it does in many cases a higher morality1 a moral standard more purified by reflection and impartiality4 ,at the lower stages of civilisation1 however1 where a man is led by his feelings more than by his thoughts1 such a differentiation of moral ideas hardly occurs4 ,the opinions of the many are the opinions of all1 and the customs of a society are recognised as rules of duty by all its members4 ,in primitive society custom stands for law1 and even where social organisation has made some progress it may still remain the sole rule for conduct4#g ,the authority of #afb a chief does not necessarily involve a power to make laws4 ,even kings who are described as autocrats may be as much tied by custom as is any of their subjects4 ,footnote #g3 ,cranz1 ,history of ,greenland1 i4 #agj4 ,dall1 op4 cit4 p4 #cha 7,tuski74 ,dobrizhoffer1 ,account of the ,abipones1 p4 #ie4 ,shooter1 ,kafirs of ,natal and the ,zulu ,country1 p4 #aja sq4 ,holden1 ,past and ,future of the ,kaffir ,races1 p4 #ccf4 ,mungo ,park1 ,travels in the ,interior of ,africa1 p4 #af4 ,scaramucci and ,giglioli1 ',notizie sui ,danakil1' in ,archivio per l'antropologia e la etnologia1 xiv4 #ci4 ,earl1 ,papuans1 p4 #aje 7,arru ,islanders74 ,forbes1 ,a ,naturalist's ,wanderings in the ,eastern ,archipelago1 p4 #dgc 7,timorese74 ,dalton1 ,ethnology of ,bengal1 p4 #ea 7,manipuris74 ,rockhill1 ,land of the ,lamas1 p4 #bbj 7,eastern ,tibetans74 ,the ,rejangs of ,sumatra do not acknowledge a right in the chiefs to constitute what laws they think proper1 or to repeal or alter their ancient usages1 of which they are extremely tenacious and jealous4 ,there is no word in their language which signifies law1 and the chiefs1 in pronouncing their decisions are not heard to say1 ,so the law directs1 but1 ,such is the custom4#h ,according to ,ellis1 the veneration of the ,malagasy for the customs derived from tradition1 or any accounts of their ancestors 4 4 4 influences both their public and private habits2 and upon no individual is it more imperative than upon their monarch1 who1 absolute as he is in other respects1 wants either the will or the power to break through the long-established regulations of a superstitious people4#i ,the king of ,ashanti1 although represented as a despotic monarch1 is nevertheless under an obligation to observe the national customs which have been handed down to the people from remote antiquity1 and a practical disregard of this obligation1 in the attempt to change some of the old customs1 cost one of the kings his throne4#aj ,the ,africans1 says ,mr4 ,winwood ,reade1 with special reference to ,dahomey1 have sometimes their enlightened kings1 as the old barbarians had their sages and their priests4 ,but it is seldom in the power of the heads of a people to alter those customs which have been held sacred from time immemorial4#aa ,the ,basutos1 among whom the chiefs have the right of making laws and publishing regulations required by the necessities of the times1 regard such laws1 or molaos1 as inferior to the mekhoas1 the use and wont1 which constitute the real laws of the country4#ab ,among the ancient ,irish1 there was no sovereign authority competent to enact a new law1 the function of the king being merely1 as chief of the tribal assembly1 to see that the proper customs were observed4#ac ,footnote #h3 ,marsden1 ,history of ,sumatra1 p4 #bag4 ,footnote #i3 ,ellis1 ,history of ,madagascar1 i4 #cei4 ,footnote #aj3 ,beecham1 ,ashantee and the ,gold ,coast1 p4 #ij sq4 ,cf4 ,stuhlmann1 ,mit ,emin ,pascha ins ,herz von ,afrika1 p4 #ebc 7,a-lur74 ,footnote #aa3 ,reade1 ,savage ,africa1 p4 #eb sq4 ,footnote #ab3 ,casalis1 ,basutos1 p4 #bbh4 ,footnote #ac3 ,ancient ,laws of ,ireland1 iii4 p4 lxxxvi4 sq4 ,cherry1 ,growth of ,criminal ,law1 p4 #cc4 #afc ,in competition with law1 custom frequently carries the day4 ,in ,india1 especially in the ,south1 custom has always been to a great extent superior to the written law4#ad ,in the ,ramnad case1 the ,judicial ,committee expressly declared that1 under the ,hindu system of law1 clear proof of usage will outweigh the written text of the law4#ae ,it was also a maxim of the ,roman jurists that laws may be abrogated by desuetude or contrary usage2#af and in modern times the same doctrine is acted upon in ,scotland4#ag ,moreover1 when a custom cannot abrogate the law1 it may still have a paralysing influence on its execution4 ,according to the laws of ,european nations1 a man who has killed another in a duel is to be treated as a homicide2 yet wherever the duel exists as a custom1 the law against it is ineffective4 ,so it is on the ,continent1 and so it was in ,england in the eighteenth century1 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 fought4#ah ,in this instance the ineffectiveness of the law is owing to the fact that the law has not been able to abolish an old custom4 ,but the superiority of custom also shows itself in cases where the law itself is getting antiquated1 and a new custom1 enforced by public opinion1 springs up in opposition to it4 ,thus1 contrary to law and earlier usage1 it is nowadays the custom of certain ,european countries that a sentence of death is not carried into execution4 ,even bad habits tend to weaken the authority of the law4 ,probably the two most prominent civil vices of the ,chinese are bribery and gambling4 ,against both these vices their penal code speaks with no uncertain sound2 and yet1 according to #afd ,professor ,douglas1 it is no exaggeration to say that if the law were enforced1 it would make a clean sweep of ninety-nine of every hundred officials in the empire4#ai ,other illustrations of the same principle may be found much nearer home4 ,footnote #ad3 ,burnell1 quoted by ,nelson1 ,view of the ,hindu ,law1 p4 #acf4 ,footnote #ae3 ,mayne1 ,treatise on ,hindu ,law and ,usage1 p4 #da4 ,footnote #af3 ,institutiones1 i4 #b4 #aa4 ,digesta1 i4 #c4 #cb4 ,footnote #ag3 ,mackenzie1 ,studies in ,roman ,law1 p4 #ed4 ,footnote #ah3 ,quoted by ,bosquett1 ,treatise on ,duelling1 p4 #hj4 ,cf4 ,a ,short ,treatise upon the ,propriety and ,necessity of ,duelling1 printed at ,bath in #aggi4 ,in #ahjh1 however1 ,major ,campbell was sentenced to death and executed for killing ,captain ,boyd in a duel 7,storr1 ',duel1' in ,encyclopdia ,britannica1 vii4 #ead74 ,footnote #ai3 ,douglas1 ,society in ,china1 p4 #hb4 ,custom has proved stronger than law and religion combined4 ,sir ,richard ,burton writes of the ,bedouins1 ,though the revealed law of the ,koran1 being insufficient for the ,desert1 is openly disregarded1 the immemorial customs of the ,kazi al-,arab 7the ,judge of the ,arabs7 form a system stringent in the extreme4#bj ,so1 also1 the ,turkomans are ruled1 often tyrannised over1 by a mighty sovereign1 invisible indeed to themselves1 but whose presence is plainly discerned in the word deb--custom1 usage4 ,our authority adds3--,it is very remarkable how little the ',deb' has suffered in its struggle of eight centuries with ,mahommedanism4 ,many usages1 which are prohibited to the ,islamite1 and which the ,mollahs make the object of violent attack1 exist in all their ancient originality4#ba ,footnote #bj3 ,burton1 ,pilgrimage to ,al-,madinah and ,meccah1 ii4 #hg4 ,footnote #ba3 ,vmbry1 ,travels in ,central ,asia1 p4 #caj sqq4 ,the laws themselves1 in fact1 command obedience more as customs than as laws4 ,a rule of conduct which1 from one point of view1 is a law1 is in most cases1 from another point of view1 a custom2 for1 as ,hegel remarks1 the valid laws of a nation1 when written and collected1 do not cease to be customs4#bb ,there are instances of laws that were never published1 the knowledge and administration of which belonged to a privileged class1 and which nevertheless were respected and obeyed4#bc ,and among ourselves the ordinary citizen stands in no need of studying the laws under which he lives1 custom being generally the safe guiding star of his conduct4 ,custom1 as ,bacon said1 is the principal magistrate of man's life1#bd or1 as the ancients put it1 the king of all men4#be ,footnote #bb3 ,hegel1 ,philosophie des ,rechts1 #baa1 p4 #aii4 ,footnote #bc3 ,rein1 ,japan1 p4 #cad4 ,footnote #bd3 ,bacon1 ',essay xxxix4 ,of ,custom and ,education1' in ,essays1 p4 #cgb4 ,footnote #be3 ,herodotus1 iii4 #ch4 #afe ,many laws were customs before they became laws4 ,ancient customs lie at the foundation of all ,aryan law-books4 ,mr4 ,mayne is of opinion that ,hindu law is based upon customs which existed even prior to and independent of ,brahmanism4#bf ,the ,greek word ,greek3 no_/mos means both custom and law1 and this combination of meanings was not owing to poverty of language1 but to the deep-rooted idea of the ,greek people that law is1 and ought to be1 nothing more and nothing less than the outcome of national custom4#bg ,a great part of the ,roman law was founded on the mores majorum2 in the ,institutes of ,justinian1 it is expressly said that long prevailing customs1 being sanctioned by the consent of those who use them1 assume the nature of ,laws4#bh ,the case was similar with the ancient laws of the ,teutons and ,irish4#bi ,footnote #bf3 ,mayne1 op4 cit4 p4 #d4 ,footnote #bg3 ,ziegler1 ,social ,ethics1 p4 #cj4 ,schmidt1 ,ethik der alten ,griechen1 i4 #bja4 ,footnote #bh3 ,institutiones1 i4 #b4 #i4 ,footnote #bi3 ,joyce1 ,social ,history of ,ancient ,ireland1 i4 #aha4 ,the transformation of customs into laws was not a mere ceremony4 ,law1 like custom1 is a rule of conduct1 but1 while custom is established by usage and obtains1 in a more or less indefinite way1 its binding force from public opinion1 a law originates in a definite legislative act1 being set1 as ,austin says1 by a sovereign person1 or a sovereign body of persons1 to a person or persons in a state of subjection to its author4#cj ,by becoming laws1 then1 the customs were expressly formulated1 and were enforced by a more definite sanction4 ,it seems that the process in question arose both from considerations of social utility and from a sense of justice4 ,cicero observes that it was for the sake of equity that laws were invented1 which perpetually spoke to all men with one and the same voice4#ca ,from these points of view it was neither necessary nor desirable that more than a limited set of customs should pass into laws4 ,there are customs which are too indefinite to assume the stereotyped shape of law4#cb ,there are others1 the breach #aff of which excites too little public indignation1 or which are of too little importance for the public welfare1 to be proper objects of legislation4 ,and there are others which may be said to exist unconsciously1 that is1 which are universally observed as a matter of course1 and which1 never being transgressed1 are never thought of4 ,footnote #cj3 ,austin1 ,lectures on ,jurisprudence1 i4 #hg1 #aha1 c4 ,footnote #ca3 ,cicero1 ,de officiis1 ii4 #ab4 ,footnote #cb3 ,cf4 ,aristotle1 ,ethica ,nicomachea1 v4 #aj4 #f4 ,laws which are based on customs naturally express moral ideas prevalent at the time when they are established4 ,on the other hand1 though still in existence1 they are not necessarily faithful representatives of the ideas of a later age4 ,law may be even more conservative than custom4 ,though the latter exercises a very preservative influence on public opinion1 it eo ipso changes when public opinion changes4 ,even among savages1 in spite of their extreme regard for the customs of their ancestors1 it is quite possible for changes to be introduced2 the traditions of the ,central ,australian ,arunta1 for instance1 indicate their own recognition of the fact that customs have varied from time to time4#cc ,but the legal form gives to an ancient custom such a fixity as to enable it to survive1 as a law1 the change of public opinion and the introduction of a new custom4 ,in all progressive societies1 as ,sir ,henry ,maine observes1 social necessities and social opinion are always more or less in advance of law4 ,we may come indefinitely near to the closing of the gap between them1 but it has a perpetual tendency to re-open4#cd ,footnote #cc3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #ab sqq4 ,footnote #cd3 ,maine1 ,ancient ,law1 p4 #bd4 ,the moral ideas of a people are less extensively represented in its laws than in its customs4 ,this is a corollary of the fact that there are always a great number of customs which never become laws4 ,moreover1 whilst law1 like custom1 directly expresses only what is obligatory1 it hardly ever deals with merit1 even indirectly4 ,the ,chinese have a method of rewarding and commemorating meritorious and virtuous subjects by erecting gates in their honour1 and conferring upon them marks of public distinction2#ce #afg and the ,japanese and ,coreans award prizes in the form of money or silver cups or monumental columns to signal exemplars of filial piety1 arguing that1 if the law punishes crime1 it ought also to reward virtue4#cf ,in ,europe we have titles and honours1 pensions for distinguished service1 and the like2 but the distribution of them is not regulated by law1 and has often little to do with morality4 ,footnote #ce3 de ,groot1 ,religious ,system of ,china 7vol4 ii4 book7 i4 #gfi1 #ghi sq4 ,footnote #cf3 ,griffis1 ,corea1 p4 #bcf4 ,law1 like custom1 only deals with overt acts1 or omissions1 and cares nothing for the mental side of conduct1 unless the law be transgressed4 ,yet1 as will be seen subsequently1 though this constitutes an essential difference between law and the enlightened moral consciousness1 it throws considerable light on the moral judgments of the unreflecting mind4 ,being a general1 and at the same time a strictly defined1 rule of conduct1 a law can even less than a custom make special provision for every case so as to satisfy the demand of justice4 ,this disadvantage1 however1 was hardly felt in early periods of legislation1 when little account was taken of what was behind the overt act2 and at later stages of development1 the difficulty was overcome by leaving greater discretion to the judge4 ,the history of legal punishments in ,england1 for instance1 shows a change from a system which1 except in cases of misdemeanour1 left no discretion at all to judges1 to a system under which unlimited discretion is left to them in all cases except those which are still liable to capital punishment--practically1 high treason and murder4#cg ,the study of law1 then1 must for our purpose be supplemented by the study of judicial practice4 ,footnote #cg3 ,stephen1 ,history of the ,criminal ,law of ,england1 ii4 #hg4 ,laws which represent public opinion are no more than customs safe exponents of the moral ideas held by particular members of the society4 ,but on the other hand1 there are cases in which a law1 unlike a custom1 may express the ideas1 or simply the will1 of a few1 or even of #afh a single individual1 that is1 of the sovereign power only4 ,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 wrong4 ,for instance1 when studying the moral sentiments of the ,teutonic peoples from their early law-books1 we must carefully set aside all elements of ,roman or ,christian origin4 ,at the same time1 however1 it should be remembered that the moral consciousness of a people may gradually be brought into harmony with a law originally foreign to it4 ,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 sentiments1 or by teaching them greater discrimination in their judgments4 ,and1 as has been already noticed1 what is forbidden and punished may1 for the very reason that it is so1 come to be regarded as wrong and worthy of punishment4 ,finally1 a law may enjoin or forbid acts which by themselves are regarded as indifferent from a moral point of view4 ,this is1 for instance1 the case with the laws which require marriages to be celebrated at certain times and places only1 and which forbid the cultivation of tobacco in ,england4 ,jurists divide crimes into mala in se and mala quia prohibita4 ,the former would be wrong even if they were not prohibited by law1 the latter are wrong only because they are illegal4 ,a law expresses a rule of duty by making an act or omission which is regarded as wrong a crime1 that is1 by forbidding it under pain of punishment4 ,law does not in all cases directly threaten#ch with punishment--,i say directly1 since all law is coercive1 and all coercion at some stage involves the possibility of punishment4#ci ,sanctions1 or the consequences by which the sovereign political authority threatens to enforce the laws set by it1 may #afi have in view either the indemnification of the injured party1 or the suffering of the injurer4 ,in the latter case the sanctions are called punishments4 ,but1 though highly important1 the distinction between indemnification and punishment is not absolute4 ,a person who causes harm to another would hardly have to pay damages unless some kind of guilt or quasi-guilt were imputed to him2 and1 on the other hand1 punishment may actually consist in the damages he has to pay4 ,moreover1 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 revenge4 ,the pleasure of vengeance1 says ,bentham1 is a gain2 it calls to mind ,samson's riddle--it is sweet coming out of the terrible1 it is honey dropping from the lion's mouth4#dj ,in cases where the injured party is allowed to decide whether the injurer shall be punished or not1 or what punishment 7within certain limits7 shall be inflicted upon him1 it is obvious that punishment is largely looked upon as a means of indemnification4 ,however1 the fact that such a privilege is granted to the injured party indicates the existence of some degree of sympathetic resentment in the public4 ,punishment1 in all its forms1 is essentially an expression of indignation in the society which inflicts it4#da ,hence it is of extreme importance for the study of moral ideas1 and calls for our careful consideration4 ,footnote #ch3 ,not every sovereign can make sure of enforcing his commands2 and sometimes laws are made without even any great intention of enforcing them 7,pollock1 ,essays in ,jurisprudence and ,ethics1 p4 #i sq474 ,footnote #ci3 ,cf4 ,stephen1 op4 cit4 i4 #b4 ,footnote #dj3 ,bentham1 ,theory of ,legislation1 p4 #cji4 ,footnote #da3 ,die ,missbilligung ist das ,wesentliche aller ,strafe 7von ,bar1 ,die ,grundlagen des ,strafrechts1 p4 #d74 ,la peine consiste dans une raction passionnelle d'intensit gradue 7,durkheim1 ,division du travail social1 p4 #if74 ,by punishment ,i do not understand here every suffering inflicted upon an offender in consequence of his offence1 but only such suffering as is inflicted upon him in a definite way by1 or in the name of1 the society of which he is a permanent or temporary member4 ,this definition holds good whatever may be the opinion about the final object of punishment4 ,whether its purpose is1 or is supposed to be1 either reformation1 or determent1 or retribution1 its immediate aim is always to cause suffering4 #agj ,we should not call it punishment if the reformation of the criminal were attempted1 say1 by means of hypnotism4 ,it is a common opinion that punishment1 in this sense of the word1 is a social institution of comparatively modern origin1 which has sprung from1 and gradually superseded1 the earlier custom of individual or family revenge4 ,this opinion may seem plausible to the student of ,european and ,eastern law1 but1 as we shall see1 the early history of civilised races is apt to give a somewhat erroneous idea of the evolution of punishment4 ,even among savages public indignation frequently assumes that definite shape which constitutes the difference between punishment and mere condemnation4#db ,footnote #db3 ,see ,steinmetz1 ,ethnologische ,studien zur ersten ,entwicklung der ,strafe1 ii4 #cbg sqq42 ,makarewicz1 volution de la peine1 passim4 ,savage punishment sometimes simply consists in publicly putting the offender to shame4 ,in ,greenland the courts of justice were the public assemblies1 which at the same time supplied the national sports and entertainments4 ,here nith-songs were used for settling all sorts of crimes or breaches of public order or custom1 with the exception of those which could only be expiated by death2 by means of cutting capers and singing1 the offender was told of his faults1 and the opposite virtues were praised to all who were present4#dc ,the same institution is found1 with only incidental differences1 among several other tribes within and beyond the ,arctic circle4#dd ,and1 knowing the sensitiveness of these peoples1 we may assume that the punishment in question is by no means lenient4 ,in ,greenland it now and then happens that some one or other1 wounded1 perhaps1 by a single word from one of his kinsfolk1 runs away to the mountains1 and is lost for several days at least4#de ,and ,adair1 speaking of the public jesting by which ,north ,american ,indians used to punish young people who were guilty of petty crimes1 says that they would sooner die by torture1 than renew their shame by repeating the actions4#df ,footnote #dc3 ,rink1 ,eskimo ,tribes1 p4 #bd sq4 ,idem1 ,greenland1 pp4 #ada1 #aej4 ,cranz1 op4 cit4 i4 #afe sq4 ,holm1 ',ethnologisk ,skizze af ,angmagsalikerne1' in ,meddelelser om ,grnland1 p4 #hg4 ,footnote #dd3 ,kane1 ,arctic ,explorations1 ii4 #abh sq4 ,footnote #de3 ,nansen1 ,eskimo ,life1 p4 #bfg sq4 ,footnote #df3 ,adair1 ,history of the ,american ,indians1 p4 #dbi sq4 #aga ,in other instances the community as a whole expresses its indignation by inflicting suffering of a more material kind upon the culprit4 ,in certain ,australian tribes1 when a native for any transgression incurs the displeasure of his tribe1 custom compels him to stand punishment1 as it is called2 that is1 he stands with a shield at a fair distance1 while the whole tribe1 either simultaneously or in rapid succession1 cast their spears at him4 ,their expertness generally enables those who are exposed to this trial to escape without serious injury1 though instances of a fatal result occasionally occur2 however1 there is a certain propriety even in this extraordinary punishment1 as the accuracy and force with which the weapons are thrown will depend very much on the opinion entertained of the enormity of the offence4#dg ,among the ,north-,west-,central ,queensland aborigines1 though each individual1 within certain limits1 can do what he pleases1 he has to reckon not only with the particular person injured1 or his relatives1 but also1 in some cases1 with the whole camp collectively4 ,thus the camp as a body1 as a camp council1 will take upon itself to mete out punishment in crimes of murder1 incest1 or the promiscuous use of fighting-implements within the precincts of the camping-ground3 death1 and probably the digging of his own grave1 awaits the delinquent in the former case1 while 'crippling1' generally with knives1 constitutes the penalty for a violation of the latter4 ,again1 if a woman makes herself obnoxious in the camp1 especially to the female portion of it1 she is liable to be set upon and hammered by her fellow-sisters collectively1 the men on such occasions not interfering4#dh ,among the ,bangerang tribe of ,victoria1 any one who had suffered a wrong complained of it1 if at all1 at night aloud to the camp1 which was silent and attentive4 ,then the accused was heard4 ,afterwards those who chose1 men or women1 expressed their views on the subject2 and if general opinion pronounced the grievance a good one1 the accused accepted the penalty sanctioned by custom4#di ,among various tribes in ,western ,victoria1 should a person1 through bad conduct1 become a constant anxiety and trouble #agb to the tribe1 a consultation is held1 and he is put to death4#ej ,among the ,mpongwe1 if a man murders another1 he is put to death1 not by the nearest of kin1 but by the whole community1 being either drowned or burned alive4#ea ,among the ,hudson ,bay ,eskimo1 when a person becomes so bad in character that the community will no longer tolerate his presence he is forbidden to enter the huts1 partake of food1 or hold any intercourse with the rest4 ,nevertheless1 as long as he threatens no one's life1 but little attention is paid to him4 ,should he be guilty of a murder1 several men watch their opportunity to surprise him and put him to death1 usually by stoning4 ,the executioners make no concealment of their action and are supported by public opinion in the community4#eb ,footnote #dg3 ,hale1 ,u4,s4 ,exploring ,expedition4 ,vol4 ,,vi4 ,ethnography and ,philology1 p4 #aad4 ,cf4 ,eyre1 ,journals of ,expeditions of ,discovery into ,central ,australia1 ii4 #chh2 ,collins1 ,english ,colony in ,new ,south ,wales1 i4 #ehf2 ,brough ,smyth1 ,aborigines of ,victoria1 ii4 #bie4 ,footnote #dh3 ,roth1 ,ethnological ,studies among the ,north-,west-,central ,queensland ,aborigines1 pp4 #aci1 #ada4 ,curr1 ,the ,australian ,race1 i4 #fa sq4 ,footnote #di3 ,curr1 ,squatting in ,victoria1 p4 #bde4 ,footnote #ej3 ,dawson1 ,australian ,aborigines1 p4 #gf4 ,footnote #ea3 ,burton1 ,two ,trips to ,gorilla ,land1 i4 #aje4 ,footnote #eb3 ,turner1 ',ethnology of the ,ungava ,district1' in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #ahf4 ,among various savage peoples expulsion from the tribe is the punishment of persons whose conduct excites great public indignation1 and among others such persons are outlawed4 ,the ,chippewyans1 among whom order is maintained in the tribe solely by public opinion1 the chief having no power to punish crimes1 occasionally expel from the society individuals whose conduct is exceptionally bad and threatens the general peace4#ec ,the ,salish1 or flathead ,indians1 sometimes punished notorious criminals by expulsion from the tribe or band to which they belonged4#ed ,sir ,e4 ,f4 ,im ,thurn1 whilst praising the ,indians of ,guiana for their admirable morality as long as they remain in a state of nature1 adds that there are exceptions to the rule1 and that such individuals are soon killed or driven out from their tribe4#ee ,among the ,bedouins of the ,euphrates1 in extreme cases1 and as the utmost penalty of the law1 the offender is turned out of the tribe2#ef and the same is the case among the ,beni ,mzab4#eg ,in the ,scotch ,highlands1 even to this day1 instances are common of public opinion operating as a punishment1 to the extent of forcing individuals into exile4#eh ,there are cases reported from various parts of the savage world of banishment being inflicted as a punishment for sexual #agc offences2#ei and other instances of expulsion are mentioned by ,dr4 ,steinmetz4#fj ,in some cases1 however1 expulsion is to be regarded rather as a means of ridding the community from a pollution1 than as a punishment in the proper sense of the term4#fa ,footnote #ec3 ,richardson1 ,arctic ,searching ,expedition1 ii4 #bf sq4 ,footnote #ed3 ,hale1 op4 cit4 p4 #bjh4 ,footnote #ee3 ,im ,thurn1 ,among the ,indians of ,guiana1 p4 #bac4 ,footnote #ef3 ,blunt1 ,bedouin ,tribes of the ,euphrates1 ii4 #bjf4 ,footnote #eg3 ,chavanne1 ,sahara1 p4 #cae4 ,tristram1 ,great ,sahara1 p4 #bjg4 ,footnote #eh3 ,stewart1 ,highlanders of ,scotland1 p4 #chj4 ,footnote #ei3 ,westermarck1 ,history of ,human ,marriage1 p4 #fa sqq4 ,footnote #fj3 ,steinmetz1 op4 cit4 ii4 ch4 #e4 ,footnote #fa3 ,see infra1 on ,homicide4 ,nearly related to the punishment of expulsion is that of outlawry4 ,von ,wrede states that the ,bedouins of ,h4adhramaut give a respite of three days to the banished man1 and that after the lapse of this period every member of the tribe is allowed to kill him4#fb ,among the ,wyandots the lowest grade of outlawry consists in a declaration that1 if the offender shall continue in the commission of crimes similar to that of which he has been guilty1 it will be lawful for any person to kill him1 whilst outlawry of the highest degree makes it the duty of any member of the tribe who may meet with the offender to kill him4#fc ,among the ancient ,teutons1 also1 outlawry was originally a declaration of war by the commonwealth against an offending member1 and became only later on a regular means of compelling submission to the authority of the courts4#fd ,footnote #fb3 von ,wrede1 ,reise in ,h4adhramaut1 p4 #ea4 ,footnote #fc3 ,powell1 ',wyandot ,government1' in ,ann4 ,rep4 ,bur4 ,ethn4 i4 #fh4 ,footnote #fd3 ,pollock and ,maitland1 ,history of ,english ,law before the time of ,edward ,i4 i4 #di4 ,most generally1 however1 punishment is inflicted upon the culprit1 not by the whole of the community1 but by some person or persons invested with judicial authority4 ,indeed1 it is not only civilised races who have judges and courts of justice4 ,among savages and barbarians justice is very frequently administered by a council of elders or by a chief4#fe ,even people of so low a type as the ,australian aborigines have their tribunals4 ,footnote #fe3 ,petroff1 ',report on ,alaska1' in ,tenth ,census of the ,united ,states1 p4 #aeb 7,aleuts74 ,morgan1 ,league of the ,iroquois1 p4 #ccj4 ,powell1 in ,ann4 ,rep4 ,bur4 ,ethn4 i4 #fc1 #ff sq4 7,wyandots74 ,idem1 ',sociology1' in ,american ,anthropologist1 ,n4,s4 i4 #gjf 7,north ,american tribes74 ,schoolcraft1 ,indian ,tribes of the ,united ,states1 i4 #bgg 7,creeks74 von ,martius1 ,beitrge zur ,ethnographie ,amerika's1 i4 #hh 7,brazilian ,indians74 ,cook1 ,journal of a ,voyage round the ,world1 p4 #da 7,tahitians74 ,lister1 in ,jour4 ,anthr4 ,inst4 xxi4 #ed 7,bowditch ,islanders74 ,codrington1 ,melanesians1 p4 #cde 7,solomon ,islanders74 ,hunt1 in ,jour4 ,anthr4 ,inst4 xxviii4 #f 7,murray ,islanders74 ,kohler1 in ,zeitschr4 f4 vergl4 ,rechtswiss4 xiv4 #ddh2 ,senfft1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #ddh2 ,kubary1 ',die ,ebongruppe im ,marshall's ,archipel1' in ,journal des ,museum ,godeffroy1 i4 #cg 7,marshall ,islanders74 ,idem1 ,ethnographische ,beitrge zur ,kenntniss der ,karolinischen ,inselgruppe1 p4 #gc sqq42 ,idem1 ',die ,palau-,inseln1' in ,journal des ,museum ,godeffroy1 iv4 #db 7,pelew ,islanders74 von ,kotzebue1 ,voyage of ,discovery1 iii4 #bjh 7,caroline ,islanders74 ,worcester1 ,philippine ,islands1 p4 #ajg 7,tagbanuas of ,palawan74 ,marsden1 ,history of ,sumatra1 p4 #bag 7,rejangs74 von ,brenner1 ,besuch bei den ,kannibalen ,sumatras1 p4 #baa 7,bataks74 ,forbes1 ,a ,naturalist's ,wanderings in the ,eastern ,archipelago1 p4 #bdc 7,kubus of ,sumatra74 ,man1 ,sonthalia1 p4 #hh sq4 ,cooper1 ,mishmee ,hills1 p4 #bch4 ,macpherson1 ,memorials of ,service in ,india1 p4 #hc 7,kandhs74 ,stewart1 in ,jour4 ,as4 ,soc4 ,bengal1 xxiv4 #fji1 #fbj 7,nagas1 ,old ,kukis74 ,dalton1 ,ethnology of ,bengal1 p4 #de 7,kukis74 ,forsyth1 ,highlands of ,central ,india1 p4 #cfa 7,bygs74 ,shortt1 in ,trans4 ,ethn4 ,soc4 ,n4,s4 vii4 #bda 7,todas74 ,batchelor1 ,ainu and their ,folk-,lore1 p4 #bgh2 von ,siebold1 ,die ,aino auf der ,insel ,yesso1 p4 #cd4 ,from ,africa a great number of instances might be quoted1 e4g43--,nachtigal1 ,sahara und ,sudan1 i4 #ddi 7,ted74 ,petherick1 ,egypt1 the ,soudan1 and ,central ,africa1 p4 #cbj 7,nouaer tribes74 ,beltrame1 ,il ,fiume ,bianco1 p4 #gg 7,shilluk74 ,laing1 ,travels in the ,timannee1 c4 ,countries1 p4 #cfe 7,soolimas74 ,mungo ,park1 ,travels in the ,interior of ,africa1 p4 #ae sq4 7,mandingoes74 ,leuschner1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #bb 7,bakwiri74 ,ibid4 p4 #dg 7,banaka and ,bapuku74 ,tellier1 ibid4 p4 #age 7,kreis ,kita1 in the ,french ,soudan74 ,bosman1 ,new ,description of the ,coast of ,guinea1 p4 #cca 7,negroes of ,fida74 ,casati1 ,ten ,years in ,equatoria1 p4 #aeh1 #afc 7,akkas1 ,mambettu74 ,stuhlmann1 ,mit ,emin ,pascha ins ,herz von ,africa1 p4 #ebc 7,a-lur74 ,emin ,pasha in ,central ,africa1 p4 #hi 7,wanyoro74 ,baskerville1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #aic 7,waganda74 ,beverley1 ibid4 p4 #bad 7,wagogo74 ,lang1 ibid4 p4 #bec sqq4 7,washambala74 ,desoignies1 ibid4 p4 #bgi sq4 7,msalala74 ,decle1 ,three ,years in ,savage ,africa1 pp4 #ga1 #gc1 #gd1 #dhg 7,barotse1 ,wakamba74 ,junod1 ,les ,ba-,ronga1 p4 #aee sq4 ,burton1 ,zanzibar1 ii4 #id 7,wanika74 ,holub1 ,seven ,years in ,south ,africa1 ii4 #cai 7,marutse74 ,kohler1 in ,zeitschr4 f4 vergl4 ,rechtswiss4 xiv4 #caf 7,herero74 ,andersson1 ,lake ,ngami1 p4 #aig 7,ovambo74 ,rautanen1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #cdj 7,ondonga74 ,kolben1 ,present ,state of the ,cape of ,good ,hope1 p4 #hf1 #big 7,hottentots74 ,kohler1 in ,zeitschr4 f4 vergl4 ,rechtswiss4 xv4 #ccc 7,bechuanas74 ,casalis1 ,basutos1 pp4 #bbd1 #bbf4 ,maclean1 ,compendium of ,kafir ,laws and ,customs1 pp4 #ce1 #aaj4 ,holden1 ,past and ,future of the ,kaffir ,races1 pp4 #ccc1 #ccf4 ,shooter1 ,kafirs of ,natal1 p4 #ii sq4 #agd ,speaking of the native tribes of ,central ,australia1 ,messrs4 ,spencer and ,gillen observe3--,should any man break through the strict marriage laws1 it is not only an 'impersonal power' which he has to deal with4 ,the head men of the group or groups concerned consult together with the elder men1 and1 if the offender1 after long consultation1 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 out1 and a party1 which is called an ininja1 is organised for the purpose4#ff ,we hear of similar councils from various parts of the ,australian continent4 ,in his description of the aborigines of ,new ,south ,wales1 ,dr4 ,fraser states1 ,the ,australian council of old and experienced men--this aboriginal senate and witenagemot--has the power to decree punishment for tribal offences4 ,the chiefs sit as magistrates to decide all cases which are brought before them1 such as the divulging of sacred things1 speaking to a mother-in-law1 the adultery of a wife2 and there is even a #age tribal executioner4 ,at the same time1 many grievances are arranged without the intervention of the chiefs2 for instance1 if a man has been found stealing from his neighbour1 or two men quarrel about a woman1 a fight ensues1 the one or the other gets his head broken1 and there the matter ends4#fg ,the ,narrinyeri have a judgment council of the elders of the clan1 called tendi1 which is presided over by the chief of the clan2 and when any member of the tendi dies1 the surviving members select a suitable man from the clan to succeed him4 ,all offenders are brought to this tribunal for trial4 ,in cases of the slaying by a person or persons of one clan of the member of another clan in time of peace1 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 tendies4 ,if1 after full inquiry1 he is found to have committed the crime1 he will be punished according to the degree of guilt4#fh ,among another ,australian tribe1 the ,gournditch-mara1 again1 the headman1 whose office was hereditary1 settled all quarrels and disputes in the tribe4 ,when he had heard both sides1 and had given his decision in a matter1 no one ever disputed it4#fi ,footnote #ff3 ,spencer and ,gillen1 op4 cit4 p4 #ae4 ,footnote #fg3 ,fraser1 ,aborigines of ,new ,south ,wales1 p4 #ci4 ,footnote #fh3 ,taplin1 ',narrinyeri1' in ,woods1 ,native ,tribes of ,south ,australia1 p4 #cd sq4 ,footnote #fi3 ,fison and ,howitt1 ,kamilaroi and ,narrinyeri1 p4 #bgg4 ,among the ,australian aborigines1 then1 we find cases in which punishment is inflicted by the whole community1 and other cases in which it is inflicted by a tribunal or a chief4 ,there can be little doubt that the latter system has developed out of the former2 there are obvious instances of transition from the one to the other4 ,among the ,north-,west-,central ,queensland natives1 for instance1 in cases of major offences1 such as murder1 incest1 or physical violence1 the old men are only said to influence aboriginal public opinion4#gj ,it is an inconvenient1 and in larger communities a difficult1 procedure for the whole group to inflict punishments in common1 hence the administration of justice naturally tends to pass into the hands of the leading men or the chief4 ,but the establishment of a judicial authority within the society may also have a different origin4 ,very frequently judicial organisation #agf seems to have developed1 not out of a previous system of lynch-law1 but out of a previous system of private revenge4 ,footnote #gj3 ,roth1 op4 cit4 p4 #ada4 ,an act of individual or family revenge is by itself1 of course1 an expression of private1 not of public1 feelings--of revenge1 not of moral indignation4 ,but the case is different with the custom of revenge4 ,we shall see in a following chapter that blood-revenge is regarded not only as a right1 but1 very frequently1 as a duty incumbent upon the relatives of the slain person4 ,so1 also1 revenge may be deemed a duty in cases where there is no blood-guiltiness4 ,among the ,australian ,geawe-gal tribe1 for instance1 the offender1 according to the magnitude of his offence1 was to receive one or more spears from men who were relatives of the deceased person2 or the injured man himself1 when he had recovered strength1 might discharge the spears at the offender4 ,and our authority adds1 ,obedience to such laws was never withheld1 but would have been enforced1 without doubt1 if necessary1 by the assembled tribe4#ga ,the obligatory character of revenge implies that its omission is disapproved of4 ,it is of course the man on whom the duty of vengeance is incumbent that is the immediate object of blame1 when this duty is omitted2 and the blame may partly be due to contempt1 especially when there is a suspicion of cowardice4 ,but behind the public censure there is obviously a desire to see the injurer suffer4 ,instances may be quoted in which the society actually assists the avenger1 in some way or other1 in attaining his object4 ,speaking of the ,fuegians1 ,m4 ,hyades observes3--,nous avons entendu parler d'individus coupables de meurtre sur leur femme1 par exemple1 et qui1 poursuivis par tout un groupe de familles1 finissaient1 quelquefois un an ou deux aprs leur crime1 par tomber sous les coups des parents de la victime4 ,il s'agit l plutt d'un acte de justice que d'une satisfaction de vengeance4 ,nous devons faire remarquer en outre que1 dans ces cas1 le meurtrier est abandonn de tous1 et qu'il ne peut se soustraire que pendant un temps #agg relativement assez court au chtiment qui le menace4#gb ,amongst the ,central ,eskimo1 who have no punishment for transgressors except the blood vengeance1 a man has committed a murder or made himself odious by other outrages1 he may be killed by any one simply as a matter of justice4 ,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 death4 ,if all answer in the affirmative he may kill the man thus condemned1 and no one is allowed to revenge the murder4#gc ,among the ,greenlanders1 in cases of extreme atrocity1 the men of a village have been known to make common cause against a murderer1 and kill him1 though it otherwise is the business of the nearest relatives to take revenge4#gd ,it is also noteworthy that1 among the crimes which in savage communities are punished by the community at large1 incest is particularly prominent4 ,the chief reason for this ,i take to be the absence of an individual naturally designated as the avenger4 ,footnote #ga3 ,fison and ,howitt1 op4 cit4 p4 #bhb4 ,footnote #gb3 ,hyades and ,deniker1 ,mission scientifique du ,cap ,horn1 vii4 #bdj sq4 ,footnote #gc3 ,boas1 ',central ,eskimo1' in ,ann4 ,rep4 ,bur4 ,ethn4 vi4 #ehb4 ,footnote #gd3 ,nansen1 ,eskimo ,life1 p4 #afc4 ,thus public indignation displays itself not only in punishment1 but1 to a certain extent1 in the custom of revenge4 ,in both cases the society desires that the offender shall suffer for his deed4 ,strictly speaking1 the relationship between the custom of revenge and punishment is not1 as has been often supposed1 that between parent and child4 ,it is a collateral relationship4 ,they have a common ancestor1 the feeling of public resentment4 ,but whilst public opinion demands that vengeance shall be exacted for injuries1 it is also operative in another way4 ,though in some cases the resentment may seem to outsiders to be too weak or too much checked by other impulses1 it may in other cases appear unduly great4 ,as a matter of fact1 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 #agh it4 ,sometimes this rule demands that only one life shall be taken for one2#ge sometimes that a death shall be avenged on a person of the same rank1 sex1 or age as the deceased2#gf sometimes that a murderer shall die in the same manner as his victim2#gg sometimes that various kinds of injuries shall be retaliated by the infliction of similar injuries on the offender4#gh ,this strict equivalence is not characteristic of resentment as such4#gi ,there is undoubtedly a certain proportion between the pain-stimulus and the reaction2 other things being equal1 resentment increases in intensity along with the pain by which it is excited4 ,the more a person feels offended1 the greater is his desire to retaliate by inflicting counter-pain1 and the greater is the pain which he desires to inflict4 ,but resentment involves no accurate balancing of suffering against suffering1 hence there may be a crying disproportion between the act of revenge and the injury evoking it4#hj ,as ,sir ,thomas ,browne observes1 a revengeful mind holds no rule in retaliations1 requiring too often a head for a tooth1 and the supreme revenge for trespasses1 which a night's rest should obliterate4#ha ,if1 then1 the rule of #agi equivalence is not suggested by resentment itself1 this rule must be due to other factors1 which intermingle with resentment1 and help1 with it1 to determine the action4 ,one of these factors1 ,i believe1 is self-regarding pride1 the desire to pull down the humiliating arrogance of the aggressor naturally suggesting the idea of paying him back in his own coin2 and it seems probable that the natural disposition to imitate1 especially in cases of sudden anger1 acts in the same direction4 ,but besides this qualitative equivalence between injury and retaliation1 the lex talionis requires1 in a rough way1 quantitative equivalence1 and this demand has no doubt a social origin4 ,if the offender is a person with whose feelings men are ready to sympathise1 their sympathy will keep the desire to see him suffer within certain limits2 and if1 under ordinary circumstances1 they tend to sympathise equally with both parties1 the injurer and the person injured1 and1 in consequence1 confer upon these equal rights1 they will demand a retaliation which is only equal in degree to the offence4 ,by suffering a loss the offender compensates1 as it were1 for the loss which he has inflicted2 and when equal regard is paid to his feelings and to those of his victim1 it is deemed just that the loss required of him as a compensation should be equivalent to the loss for which he compensates1 anything beyond equivalence being regarded as undeserved suffering4 ,if this explanation is correct1 the rule of equivalence must originally have been restricted to offences within the social group2 for1 according to early custom and law1 only members of the same society have equal rights4 ,in speaking of the tit-for-tat system prevalent among the ,guiana ,indians1 ,sir ,e4 ,f4 ,im ,thurn expressly says1 ,of course all this refers chiefly to the mutual relations of members of the same tribe4#hb ,and when we find savages acting according to the same principle in their relations to other tribes1 the reason for this may be sought partly in the strong hold which that principle has taken of their minds1 and partly in the dangers accompanying intertribal revenge1 #ahj which make it desirable to restrict it within reasonable limits4 ,footnote #ge3 ,krause1 ,tlinkit-,indianer1 p4 #bde sq4 ,macfie1 ,vancouver ,island and ,british ,columbia1 p4 #dgj4 ,foreman1 ,philippine ,islands1 p4 #bac 7,negrito and ,igorrote tribes in the province of ,la ,isabela74 ,low1 ,sarawak1 p4 #bab 7,dyaks74 von ,langsdorf1 ,voyages and ,travels1 i4 #acb 7,nukahivans74 ,footnote #gf3 ,jagor1 ,travels in the ,philippines1 p4 #bac 7,igorrotes74 ,blumentritt1 quoted by ,spencer1 ,principles of ,ethics1 i4 #cgj sq4 7,quianganes of ,luzon74 ,munzinger1 ,ostafrikanische ,studien1 p4 #bdc 7,marea74 ,koran1 ii4 #agc4 ,footnote #gg3 von ,martius1 op4 cit4 i4 #abi 7,brazilian ,indians74 ,wallace1 ,travels on the ,amazon1 p4 #dii 7,uaups74 ,schoolcraft1 ,indian ,tribes of the ,united ,states1 iii4 #bdf 7,dacotahs74 ,steller1 ,kamtschatka1 p4 #cee2 ,hickson1 ,a ,naturalist in ,north ,celebes1 p4 #aih 7,sangirese of ,manganitu74 ,fraser1 ,journal of a ,tour through ,part of the ,himala ,mountains1 p4 #cci 7,butias74 ,ellis1 ,history of ,madagascar1 i4 #cga4 ,munzinger1 op4 cit4 p4 #ejb 7,barea and ,kunma74 de ,abreu1 ,canary ,islands1 p4 #bg 7aborigines of ,ferro74 ,footnote #gh3 ,im ,thurn1 op4 cit4 p4 #bac sq4 7,guiana ,indians74 ,glimpses of the ,eastern ,archipelago1 p4 #hf 7,bataks74 ,arbousset and ,daumas1 ,tour to the ,north-,east of the ,colony of ,good ,hope1 p4 #fg 7,mantetis74 ,munzinger1 op4 cit4 p4 #ejb 7,barea and ,kunma74 ,post1 ,afrikanische ,jurisprudenz1 p4 #bg 7various other ,african peoples71 de ,abreu1 op4 cit4 p4 #ga 7aborigines1 of ,gran ,canaria74 ,footnote #gi3 ,cf4 ,tissot1 ,le droit pnal1 i4 #bbf2 ,steinmetz1 ,ethnol4 ,studien zur ersten ,entwicklung der ,strafe1 i4 #dja2 ,makarewicz1 op4 cit4 p4 #ac4 ,footnote #hj3 von ,martius1 op4 cit4 i4 #abh 7,brazilian aborigines74 ,calder1 in ,jour4 ,anthr4 ,inst4 iii4 #ba 7,tasmanians74 ,forbes1 ,a ,naturalist's ,wanderings in the ,eastern ,archipelago1 p4 #dgc 7,timorese74 ,sarasin1 ,forschungen auf ,ceylon1 iii4 #eci 7,veddahs74 ,jacob1 ,das ,leben der vorislmischen ,beduinen1 p4 #add sq4 ,footnote #ha3 ,browne1 ,christian ,morals1 iii4 #ab1 p4 #id4 ,footnote #hb3 ,im ,thurn1 op4 cit4 p4 #bad4 ,the regulations to which the practice of revenge is subject1 help us to understand the transition from revenge to punishment1 and the establishment of a special judicial authority4 ,as long as retaliation is in the hands of private individuals1 there is no guarantee1 on the one hand1 that the offender will have to suffer1 on the other hand1 that the act of retaliation will be sufficiently discriminate4 ,the injured party may be too weak1 or otherwise unable1 to avenge himself4 ,his readiest course1 then1 is to appeal to the chief for help4 ,the chief1 on his part1 has an interest in interfering--he may of course expect a handsome reward for his assistance1#hc--;and1 in so far as the community at large wishes that the offender shall suffer1 the chief may even be bound to interfere4 ,thus in the ,sandwich ,islands1 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 king1 when they were too weak to attack the offender themselves4#hd ,among the ,wanyoro1 according to ,emin ,pasha1 should the murderer escape1 the nearest relatives of the murdered man apply to the chief of the tribe to procure the punishment of the culprit4#he ,the ,indians of ,brazil1 when offended1 sometimes bring their cause before the chief2 but they do it seldom1 since they consider it disgraceful for a man not to be able to avenge himself4#hf ,the judicial authority granted to the ,basuto chief also insures justice to foreigners1 and to individuals who1 having no relations1 are deprived of their natural defenders and avengers4#hg ,in ancient ,greece1 in early times1 special care was taken by the ,state for the protection of the weak and helpless1 who otherwise had been unavenged4#hh ,in the ,middle ,ages1 the #aha poor and the weak were placed under the ,king's protection2 the intervention of royal justice1 as ,du ,boys observes1 apparaissait comme un bienfait pour les faibles et un secours pour les opprims4#hi ,footnote #hc3 ,steinmetz1 ,rechtsverhltnisse1 p4 #caa4 ,cf4 ,brunner1 ,deutsche ,rechtsgeschichte1 i4 #afe4 ,footnote #hd3 ,ellis1 ,tour through ,hawaii1 p4 #dbi4 ,footnote #he3 ,emin ,pasha in ,central ,africa1 p4 #hf4 ,footnote #hf3 von ,martius1 op4 cit4 i4 #acb4 ,footnote #hg3 ,casalis1 op4 cit4 p4 #bbf4 ,footnote #hh3 ,leist1 ,grco-italische ,rechtsgeschichte1 p4 #cgb4 ,footnote #hi3 9999,du ,boys1 ,histoire du droit criminel de l',espagne1 p4 #bcg4 ,whilst resentment on behalf of injuries inflicted upon persons who are unable to avenge themselves has thus1 to some extent1 contributed towards the establishment of a central judicial and executive authority1 the sympathy naturally felt for the object of an improper and immoderate revenge undoubtedly tended to bring about a similar result4 ,the same feeling which checked indiscriminate revenge by establishing the rule of strict equivalence1 restricted it once more1 and in a more effective way1 by referring the case to a judge who was less partial1 and more discriminate1 than the sufferer himself or his friends4 ,speaking of the feuds of the ,teutons1 ,kemble remarks1 ,setting aside the loss to the whole community which may arise from private feud1 the moral sense of men may be shocked by its results3 an individual's own estimate of the satisfaction necessary to atone for the injury done to him1 may lead to the commission of a wrong on his part1 greater than any he hath suffered2 nor can the strict rule of 'an eye for an eye1 and a tooth for a tooth1' be applied where the exaction of the penalty depends upon the measure of force between appellant and defender4#ij ,in the ,island of ,bali the judge steps in between the prosecutor and the person whom he pursues1 so as to restrain the indiscriminate animosity of the one1 and to determine the criminality of the other4#ia ,crawfurd1 in his account of native customs in the ,malay ,archipelago1 says that the law even expressly interdicts all interference when there appears a character of fairness in the quarrel4#ib ,a ,karen1 we are told1 always thinks himself right in taking the law into his own hands1 this being the custom of the country1 and he is never interfered with1 unless he is guilty of some #ahb act contrary to ,karen ideas of propriety1 when the elders and the villagers interfere and exercise a check upon him4#ic ,among the ,basutos the authority of the chief is stated to be sufficiently respected to protect criminated persons1 until their cases have been lawfully examined4#id ,among the ,californian ,gallinomero the avenger of blood has his option between money and the murderer's life2 but he does not seem to be allowed to wreak on him a personal and irresponsible vengeance1 the chief taking the criminal and executing the punishment4#ie ,footnote #ij3 ,kemble1 ,saxons in ,england1 i4 #bfh sq4 ,footnote #ia3 ,raffles1 ,history of ,java1 ii4 p4 ccxxxvii4 ,footnote #ib3 ,crawfurd1 ,history of the ,indian ,archipelago1 iii4 #abj4 ,footnote #ic3 ,mason1 in ,jour4 ,asiatic ,soc4 ,bengal1 xxxvii4 pt4 li4 #ade4 ,cf4 ,mac,mahon1 ,far ,cathay and ,farther ,india1 p4 #ahh4 ,footnote #id3 ,casalis1 op4 cit4 p4 #bbf4 ,footnote #ie3 ,powers1 ,tribes of ,california1 p4 #agg4 ,besides the desire that the offender shall suffer and the desire that his suffering shall correspond to his guilt1 there is a third factor of importance which has contributed to the substitution of punishment for revenge and to the rise of a judicial organisation4 ,for every society it is a matter of great consequence that there should be peace between its various members4 ,though the system of revenge helps to keep down crime1#if it also has a tendency to cause disturbance and destruction4 ,any act of vengeance which goes beyond the limits fixed by custom is apt to call forth retaliation in return4 ,among the ,ossetes1 says ,baron von ,haxthausen1 if the retaliation does not exceed the original injury the affair terminates2 but if the wound given is greater than the one received1 the feud begins afresh from the other side4#ig ,the custom of blood-revenge certainly does not imply that the avenger of unjustifiable homicide may himself be a proper object of retaliation2#ih but in the absence of a tribunal it may be #ahc no easy thing to decide the question of guilt1 and1 besides1 the dictate of custom may be overruled by passion4 ,as a matter of fact1 the blood-feud often consists of a whole series of murders1 the revenge itself calling forth a new act of redress1 and so on1 until the state or hostility may become more or less permanent4#ii ,in the long run this will prove injurious both to the families implicated in the feud and to society as a whole1 and some method of putting a stop to the feud will readily be adopted4 ,one such method is to substitute the payment of blood-money for revenge2 another is to submit the cause to an authority invested with judicatory power4 ,casalis tells us that the ,basutos are often heard to say1 ,if we were to revenge ourselves1 the town or community would soon be dispersed2 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 community4#ajj ,footnote #if3 ,taylor1 ,te ,ika a ,maui1 p4 #if 7,maori74 ,im ,thurn1 op4 cit4 pp4 #bac1 #ccj 7,guiana ,indians74 ,burckhardt1 ,bedouins and ,wahbys1 p4 #hd1 sq42 ,blunt1 ,bedouins of the ,euphrates1 ii4 #bjg2 ,layard1 ,discoveries in the ,ruins of ,nineveh and ,babylon1 p4 #cje sq4 7,bedouins74 ,kohl1 ,reise nach ,istrien1 i4 #dji sq4 7,montenegrines74 ,stephen1 ,history of the ,criminal ,law of ,england1 i4 #fj 7,anglo-,saxons74 ,nordstrm1 ,svenska samhlls-frfattningens historia1 ii4 #bbh 7ancient ,scandinavians74 ,steinmetz1 ,ethnol4 ,studien zur ersten ,entwicklung der ,strafe1 ii4 #abe sqq4 ,footnote #ig3 von ,haxthausen1 ,transcaucasia1 p4 #daa4 ,footnote #ih3 ,among the aborigines of ,western ,victoria1 when life has been taken for life1 the feud is ended 7,dawson1 op4 cit4 p4 #gj74 ,among the ,greenlanders1 if the victim of revenge be a notorious offender1 or hated for his bloody deeds1 or if he have no relations1 the matter rests2 but more frequently the act of vengeance costs the avenger himself his life 7,cranz1 op4 cit4 i4 #agh74 ,among the ,bedouins1 if the family of the man killed should in revenge kill two of the homicide's family1 the latter retaliate by the death of one4 ,if one only be killed1 the affair rests there and all is quiet2 but the quarrel is soon revived by hatred and revenge 7,burckhardt1 ,bedouins and ,wahbys1 p4 #hf74 ,in his book1 ,das ,leben der vorislmischen ,beduinen1 ,dr4 ,jacob likewise observes 7p4 #add73--;,irrtmlich ist die ,ansicht1 dass ,blut immer neues ,blut fordere4 ,was fr einen ,getdteten ein ,anderer erschlagen1 so galt die ,sache in der ,regel damit fr erledigt und abgetan4 ,cf4 ,achelis1 ,moderne ,vlkerkunde1 p4 #djg1 n4 #a4 ,footnote #ii3 ,nelson1 ',eskimo about ,bering ,strait1' in ,ann4 ,rep4 ,bur4 ,ethn4 xviii4 #bic4 ,miklosich4 ',blutrache bei den ,slaven1' in ,denkschriften d4 kaiserl4 ,akademie d4 ,wissensch4 ,phil4-hist4 ,classe1 ,vienna1 xxxvi4 #acb2 c4 ,footnote #ajj3 ,casalis1 op4 cit4 p4 #bbe4 ,cf4 ,boyle1 ,adventures among the ,dyaks of ,borneo1 p4 #bag2 ,marsden1 op4 cit4 p4 #bdi sq4 7,rejangs74 ,as may be expected1 it is only by slow degrees that revenge has yielded to punishment1 and the private avenger has been succeeded by the judge and the public executioner of his sentence4 ,among many savages the chief is said to have nothing whatever to do with jurisdiction4#aja ,among #ahd others he acts merely as an adviser1 or is appealed to as an arbiter2#ajb or the injured party may choose between avenging himself and appealing to the chief for redress2#ajc or the judicial power with which the chief is invested is stated to be more nominal than real4#ajd ,it is also interesting to note that in several cases the injured party or the accuser acts as executioner1 but not as judge4 ,footnote #aja3 ,keating1 ,expedition to the ,source of ,st4 ,peter's ,river1 i4 #abc 7,potawatomis74 ,richardson1 ,arctic ,searching ,expedition1 ii4 #bg 7,chippewyans71 ,carver1 ,travels1 p4 #bei 7,naudowessies74 ,dobrizhoffer1 ,account of the ,abipones1 ii4 #afc2 c4 ,footnote #ajb3 ,lewis and ,clarke1 ,travels to the ,source of the ,missouri ,river1 p4 #cjf sq4 7,shoshones74 ,powers1 ,tribes of ,california1 p4 #de 7,karok and ,yurok74 ,dunbar1 ',pawnee ,indians' in ,magazine of ,american ,history1 iv4 #bfa4 ,arbousset and ,daumas1 op4 cit4 p4 #fg 7,mantetis74 ,ellis1 ,yoruba-speaking ,peoples of the ,slave ,coast1 p4 #cjj 7,tshi- and ,e7we-speaking peoples of the ,african ,west ,coast74 ,burckhardt1 ,bedouins and ,wahbys1 pp4 #fh1 #gj4 ,blunt1 op4 cit4 ii4 #bcb sq4 7,bedouins of the ,euphrates74 von ,haxthausen1 ,transcaucasia1 p4 #dae 7,ossetes74 ,footnote #ajc3 ,ellis1 ,tour through ,hawaii1 p4 #dbi4 ,williams and ,calvert1 ,fiji and the ,fijians1 p4 #bc4 ,forbes1 ,a ,naturalist's ,wanderings in the ,eastern ,archipelago1 p4 #dgc 7,timorese74 ,footnote #ajd3 ,falkner1 ,description of ,patagonia1 p4 #abc4 ,anderson1 ,lake ,ngami1 p4 #bca 7,damaras74 ,thus among some ,australian tribes1 a man accused of a serious offence gets a month's citation to appear before the tribunal1 on pain of death if he disobeys4 ,if he is found guilty of a private wrong1 he is painted white1 and made to stand out at fifty paces in front of the accuser and his friends1 all fully armed4 ,they throw at him a shower of spears and 'bumarangs1' from which he protects himself with a light shield4#aje ,among the ,aricara ,indians of the ,missouri1 who1 for the most part1 punish murder with death1 the nearest relative of the murdered man was deputed by the council to act the part of executioner4#ajf ,with reference to the natives of ,bali1 ,raffles says that in the execution of the punishment awarded by the court there is this peculiarity1 that the aggrieved party or his friends are appointed to inflict it4#ajg ,in some parts of ,afghanistan1 if the offended party complains to the ,sirdar1 or if he hears of a murder committed1 he first endeavours to bring about a compromise1 by offering the ,khoon ,behau1 or price of blood2 but if the injured party is inexorable1 the ,sirdar lays the affair before the ,king1 who orders the ,cauzy to try it2 and1 if the criminal is convicted1 gives him up to be executed by the relations of the deceased4#ajh ,among the peoples round ,lake ,nyassa and ,tanganyika and among the ,bantu tribes generally1 when a murderer is caught and proved guilty he is given over #ahe to the relatives of the person murdered1 who have power to dispose of him as they choose4#aji ,a similar practice prevails among the ,mishmis1#aaj ,bataks1#aaa and ,kamchadales4#aab ,it was also recognised by early ,slavonic1#aac ,teutonic1 and ,english codes4#aad ,according to the provisions of a code granted so late as #abca1 by the ,abbey of ,st4 ,bertin to the town of ,arques1 when a man was convicted of intentional homicide1 he was handed over to the family of the murdered person1 to be slain by them4#aae ,footnote #aje3 ,fraser1 ,aborigines of ,new ,south ,wales1 p4 #dj sq4 ,footnote #ajf3 ,bradbury1 ,travels in the ,interior of ,america1 p4 #afh4 ,footnote #ajg3 ,raffles1 op4 cit4 ii4 p4 ccxxxvii4 ,footnote #ajh3 ,elphinstone1 ,kingdom of ,caubul1 ii4 #aje sq4 ,footnote #aji3 ,macdonald1 in ,jour4 ,anthr4 ,inst4 xxii4 #ajh4 ,footnote #aaj3 ,cooper1 ,mishmee ,hills1 p4 #bch4 ,footnote #aaa3 von ,brenner1 op4 cit4 p4 #bab4 ,footnote #aab3 ,georgi1 ,russia1 iii4 #acg4 ,footnote #aac3 ,macieiowski1 ,slavische ,rechtsgeschichte1 ii4 #abg4 ,footnote #aad3 ,wilda1 ,strafrecht der ,germanen1 p4 #afg4 ,lex ,salica1 #fh4 ,laws of ,cnut1 i4 #ec4 ,leges ,henrici ,i4 lxxi4 #a4 ,footnote #aae3 ,leges vill de ,arkes ab abbate ,s4 ,bertini concess1 #bh 7d',achery1 ,spicilegium1 iii4 #fjh74 ,but although1 in innumerable cases1 punishment and judicial organisation have succeeded a previous system of revenge1 and thus are products of social development1 their existence or non-existence among a certain people is no exact index to the general state of culture which that people has attained4 ,even among low savages we have noticed instances of punishments which are inflicted by the community as a whole1 as also by special judicial authorities4 ,on the other hand1 we are taught by the history of ,european and ,oriental nations1 that the system of revenge is not inconsistent with a comparatively high degree of culture4#aaf ,we can now see the reason for this apparent anomaly4 ,in a small savage community1 all the members of which are closely united with each other1 an injury inflicted upon one is readily felt by all4 ,the case may be different in a ,state consisting of loosely-connected social components1 which1 though forming a political unity1 have little communication between themselves1 and take no interest in each other's private dealings4 ,and1 whilst in the smaller society public resentment is thus more easily aroused1 such a society also stands in more urgent need of internal peace4 ,footnote #aaf3 ,see infra1 on ,blood-revenge4 99 99 99 99 99 ,our assumption that punishment is1 in the main1 an expression of public indignation1 is opposed to another theory1 according to which the chief object of punishment1 not only ought to be1 but actually is1 or has been1 #ahf to prevent crime by deterring people from committing it4 ,we are even told that punishment1 inflicted for such a purpose1 is1 largely1 at the root of the moral consciousness2 that punishment is not the result of a sense of justice1 but that the sense of justice is a result of punishment2 that1 by being punished by the ,state1 certain acts gradually came to be regarded as worthy of punishment1 in other words1 as morally wrong4#aag ,footnote #aag3 ,re1 ,ursprung der moralischen ,empfindungen1 p4 #de sqq4 ,idem1 ,entstehung des ,gewissens1 p4 #aij sqq4 ,there are certain facts which seem to support the supposition that punishment has1 to a large extent1 been intended to act as a deterrent4 ,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 talionis4 ,speaking of the ,azteks1 ,mr4 ,bancroft observes that the greater part of their code might1 like ,draco's1 have been written in blood--so severe were the penalties inflicted for crimes that were comparatively slight1 and so brutal and bloody were the ways of carrying those punishments into execution4#aah ,the punishment of death was inflicted on the man who dressed himself like a woman1 on the woman who dressed herself like a man1#aai on tutors who did not give a good account of the estates of their pupils1#abj on those who carried off1 or changed1 the boundaries placed in the fields by public authority2#aba and should an adulterer endeavour to save himself by killing the injured husband1 his fate was to be roasted alive before a slow fire1 his body being basted with salt and water that death might not come to his relief too soon4#abb ,nor did the ancient ,peruvian code economise human suffering by proportioning penalties to crimes2 the punishment most commonly prescribed by it was death4#abc ,the penal code of ,china1 though less cruel in various respects than the ,european legislation of the eighteenth century1 awards death for a third and aggravated theft1 for defacing the branding inflicted for former offences1#abd and for privately casting copper coin2#abe whilst for the commission of the most heinous crimes #ahg the penalty is to be cut into ten thousand pieces1 which appears to amount1 at least1 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 inflict4#abf ,in ,japan1 before the revolution of #ahga1 the punishments for crime had been both rigorous and cruel2 death was the usual punishment1 and death accompanied by tortures was the penalty for aggravated crimes4#abg ,according to the ,mosaic law1 death is inflicted for such offences as breach of the ,lord's day1#abh going to wizards1#abi eating the fat of a beast of sacrifice1#acj eating blood1#aca approaching unto a woman as long as she is put apart for her uncleanness1#acb and various kinds of sexual offences4#acc ,the laws of ,manu provide capital punishment for those who forge royal edicts and corrupt royal ministers2#acd for those who break into a royal store-house1 an armoury1 or a temple1 and those who steal elephants1 horses1 or chariots2#ace for thieves who are taken with the stolen goods and the implements of burglary2#acf for cut-purses on the third conviction2#acg whilst a wife1 who1 proud of the greatness of her relatives or her own excellence1 violates the duty which she owes to her lord1 shall be devoured by dogs in a place frequented by many1 and the male offender shall be burnt on a red-hot iron bed4#ach ,footnote #aah3 ,bancroft1 ,native ,races of the ,pacific ,states1 ii4 #ded4 ,footnote #aai3 ,clavigero1 ,history of ,mexico1 i4 #ceh4 ,footnote #abj3 ,ibid4 i4 #cei4 ,footnote #aba3 ,ibid4 i4 #cee4 ,footnote #abb3 ,bancroft1 op4 cit4 ii4 #dfe sq4 ,footnote #abc3 ,garcilasso de la ,vega1 ,first ,part of the ,royal ,commentaries of the ,yncas1 i4 #ade1 #aea sq4 ,footnote #abd3 ,wells ,williams1 ,middle ,kingdom1 i4 #eab4 ,footnote #abe3 ,ta ,tsing ,leu ,lee1 sec4 ccclix4 p4 #cig4 ,footnote #abf3 ,ibid4 sec4 ccliv4 p4 #bfi n4 dagger ,footnote #abg3 ,reed1 ,japan1 i4 #cbc4 ,thunberg1 ,travels1 iv4 #fe4 ,footnote #abh3 ,exodus1 xxxi4 #ad4 ,footnote #abi3 ,leviticus1 xx4 #f4 ,footnote #acj3 ,ibid4 vii4 #be4 ,footnote #aca3 ,ibid4 vii4 #bg4 ,footnote #acb3 ,ibid4 xviii4 #ai4 ,footnote #acc3 ,ibid4 xviii4 #f sqq4 ,footnote #acd3 ,laws of ,manu1 ix4 #bcb4 ,footnote #ace3 ,ibid4 ix4 #bhj4 ,footnote #acf3 ,ibid4 ix4 #bgj4 ,footnote #acg3 ,ibid4 ix4 #bgg4 ,footnote #ach3 ,ibid4 viii4 #cga sq4 ,increasing severity has been a characteristic of ,european legislation up to quite modern times4 ,towards the end of the thirteenth century1 the ,english law knows some seven crimes which it treats as capital1 namely1 treason1 homicide1 arson1 rape1 robbery1 burglary1 and grand larceny2 but the number of capital offences grew rapidly4#aci ,from the ,restoration to the death of ,george ,,iii4--a period of #afj years--no less than #ahg such offences1 wholly different in character and degree1 were added to the criminal code2 and when1 in #ahcg1 the punishment of death was removed from about #bjj crimes1 it was still left applicable to exactly the same offences as were capital at the end of the thirteenth century4#adj ,pocket-picking was punishable with death until the year #ahjh2ada horse-stealing1 cattle-stealing1 #ahh sheep-stealing1 stealing from a dwelling-house1 and forgery1 until #ahcb2adb letter-stealing and sacrilege1 until #ahce2adc rape1 until #ahda2add robbery with violence1 arson of dwelling-houses1 and sodomy1 until #ahfa4ade ,and not only was human life recklessly sacrificed1 but the mode of execution was often exceedingly cruel4 ,in the beginning of the fifteenth century1 the ,peine forte et dure1 or pressing to death with every aggravation of torture1 was adopted as a manner of punishment suitable to cases where the accused refused to plead4#adf ,burning alive of female offenders still occurred in ,england at the end of the eighteenth century1#adg being considered by the framers of the law as a commutation of the sentence of hanging required by decency4#adh ,still more cruel was the punishment inflicted on male traitors3 they were first hanged by the neck and cut down before life was extinct1 their entrails were taken out and burned before their face1 then they were beheaded and quartered1 and the quarters were set up in diverse places4#adi ,this punishment continued to exist in ,england as late as in the reign of ,george ,,iii41 and even then ,sir ,samuel ,romilly1 the great agitator against its continuance1 brought upon himself the odium of the law officers of the ,crown1 who declared that he was breaking down the bulwarks of the ,constitution4#aej ,such cruelties were not peculiar to the ,english4 ,on the contrary1 as ,sir ,james ,stephen observes1 though ,english people1 as a rule1 have been singularly reckless about taking life1 they have usually been averse to the infliction of death by torture4#aea ,in various parts of the ,continent we find such punishments as breaking on the wheel1 quartering alive1 and tearing with red-hot pincers1 in use down to the end of the eighteenth century4 ,footnote #aci3 ,pollock and ,maitland1 op4 cit4 ii4 #eaa4 ,footnote #adj3 ,may1 ,constitutional ,history of ,england1 ii4 #eie4 ,mackenzie1 ,studies in ,roman ,law1 p4 #dbd sq4 ,footnote #ada3 ,pike1 ,history of ,crime in ,england1 ii4 #dej4 ,footnote #adb3 ,ibid4 ii4 #dea4 ,stephen1 ,history of the ,criminal ,law of ,england1 i4 #dgd4 ,footnote #adc3 ,pike1 op4 cit4 ii4 #dea4 ,stephen1 op4 cit4 i4 #dgd4 ,footnote #add3 ,stephen1 op4 cit4 i4 #dge4 ,footnote #ade3 ,ibid4 i4 #dge4 ,footnote #adf3 ,for the manner in which this torture was inflicted1 see ,andrews1 ,old-,time ,punishments1 p4 #bjc sq4 ,footnote #adg3 ,ibid4 p4 #aih4 ,stephen1 op4 cit4 i4 #dgg4 ,footnote #adh3 ,andrews1 op4 cit4 p4 #aib4 ,footnote #adi3 ,holinshed1 ,chronicles of ,england1 c4 i4 #caj4 ,thomas ,smith1 ,commonwealth of ,england1 p4 #aih4 ,footnote #aej3 ,andrews1 op4 cit4 p4 #bjc4 ,an earlier method of punishing traitors was boiling to death1 which was adopted by ,henry ,,viii4 as a punishment for poisoners as well 7,holinshed1 op4 cit4 i4 #caa74 ,footnote #aea3 ,stephen1 op4 cit4 i4 #dgh4 ,cf4 ,thomas ,smith1 op4 cit4 p4 #aic sq4 ,it is interesting to compare these punishments with those practised among savages4 ,wanton cruelty is not a general characteristic of their public justice4 #ahi ,among several uncivilised peoples capital punishment is said to be unknown or almost so4#aeb ,among others it is restricted to a few particularly atrocious offences4 ,among the ,greenlanders none are put to death but murderers1 and such witches as are thought to have killed some one by their art4#aec ,the ,aleuts punished with death murderers and betrayers of community secrets4#aed ,in ,samoa and ,new ,guinea murder and adultery are punished capitally2#aee among the ,bataks1 open robbery and murder1 provided that the offender is unable to redeem his life by a sum of money2#aef among the ,kukis1 only treason or an attempt at violence on the person of the ,king4#aeg ,among the ,mishmis1 adultery committed against the consent of the husband is punished with death1 but all other crimes1 including murder1 are punished by fines2 however if the amount is not forthcoming the offender is cut up by the company assembled4#aeh ,in ,kar ,nicobar the only cause for a death penalty that ,mr4 ,distant could discover was madness4#aei ,among the ,soolimas murder is the only crime punishable with death4#afj ,among the ,congo natives the only capital crimes are stated to be those of poisoning and adultery4#afa ,of the kingdom of ,fida ,bosman writes1 ,here are very few capital crimes1 which are only murthers1 and committing adultery with the ,king's or his great men's wives4#afb ,among the ,wanika two crimes are visited with capital punishment--murder and an improper use of sorcery2#afc among the ,wagogo#afd and ,washambala1#afe witchcraft only4 ,among the ,basutos every murderer is by law liable to death1 but the sentence is generally commuted into confiscation2 an incorrigible thief sometimes pays with his head1 but is generally fined1 whereas treason and rebellion against authority are treated with more severity4#aff ,among the ,kafirs1 cases of assault on the persons of wives of the chiefs1 #aij and what are deemed aggravated cases of witchcraft1 are the only crimes which usually involve the punishment of death1 very summarily inflicted2 whereas this punishment seldom follows even murder1 when committed without the supposed aid of supernatural powers4#afg ,footnote #aeb3 von ,siebold1 ,ethnol4 ,studien ber die ,aino auf ,yesso1 p4 #ce2 ,batchelor1 ,ainu and their ,folk-,lore1 p4 #bhd4 ,dalton1 op4 cit4 p4 #aae 7,kakhyens74 ,marsden1 op4 cit4 p4 #bdh 7,rejangs of ,sumatra74 ,riedel1 ,de sluik- en kroesharige rassen tusschen ,selebes en ,papua1 p4 #ajc 7,serangese74 ,worcester1 op4 cit4 pp4 #dac1 #dib 7,mangyans and ,tagbanuas74 ,kubary1 ',die ,palau-,inseln1' in ,journal des ,museum ,godeffroy1 iv4 #db 7,pelew ,islanders74 de ,abreu1 op4 cit4 p4 #aeb 7,canary ,islanders74 ,frisch1 ,die ,eingeborenen ,sd-,afrika's1 p4 #cbb 7,hottentots74 ,footnote #aec3 ,cranz1 op4 cit4 i4 #agg4 ,footnote #aed3 ,petroff1 loc4 cit4 p4 #aeb4 ,footnote #aee3 ,turner1 ,samoa1 p4 #agh4 ,chalmers1 ,pioneering in ,new ,guinea1 p4 #agi4 ,footnote #aef3 ,marsden1 op4 cit4 p4 #chi4 ,footnote #aeg3 ,dalton1 op4 cit4 p4 #de4 ,stewart1 in ,jour4 ,as4 ,soc4 ,bengal1 xxiv4 p4 #fbg4 ,footnote #aeh3 ,griffith1 ibid4 vi4 #ccb4 ,footnote #aei3 ,distant1 in ,jour4 ,anthr4 ,inst4 iii4 #f4 ,footnote #afj3 ,laing1 ,travels1 p4 #cfe4 ,footnote #afa3 ,tucker1 ,expedition to ,explore the ,river ,zaire1 p4 #chc4 ,footnote #afb3 ,bosman1 op4 cit4 p4 #cca4 ,footnote #afc3 ,new1 op4 cit4 p4 #aaa4 ,footnote #afd3 ,beverley1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #bae4 ,footnote #afe3 ,lang1 ibid4 p4 #bei4 ,footnote #aff3 ,casalis1 op4 cit4 p4 #bbh4 ,footnote #afg3 ,maclean1 ,compendium of ,kafir ,laws and ,customs1 p4 #ce sq4 ,nor1 as it seems1 is savage justice fond of torturing its victims before they are killed4 ,the ,maoris exclaimed loudly against the ,english method of executing criminals1 first telling them that they are to die1 then letting them lie for days and nights in prison1 and finally leading them slowly to the gallows4 ,if a man commits a crime worthy of death1 they said1 we shoot him1 or chop off his head2 but we do not tell him first that we are going to do so4#afh ,dr4 ,codrington gives the following description of the cases of burning persons alive which have occasionally happened in ,pentecost ,island3--,in fighting time there1 if a great man were very angry with the hostile party1 he would burn a wounded enemy4 ,when peace had been made and the chiefs had ordered all to behave well that the country might settle down in quiet1 if any one committed such a crime as would break up the peace1 such as adultery1 they would tie him to a tree1 heap fire-wood round him1 and burn him alive1 a proof to the opposite party of their detestation of his wickedness4 ,this was not done coolly as a matter of course in the execution of a law1 but as a horrible thing to do1 and done for the horror of it2 a horror renewed in the voice and face of the native who told me of the roaring flames and shrieks of agony4#afi ,this story is not without interest when compared with the cold-blooded burning of female criminals and women suspected of witchcraft in ,christian ,europe4 ,footnote #afh3 ,yate1 ,account of ,new ,zealand1 p4 #aje4 ,footnote #afi3 ,codrington1 op4 cit4 p4 #cdg4 ,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 society4 ,the legislators themselves often refer to the deterrent effects of punishment4 ,the ,peruvian ,incas considered that light punishments gave confidence to evil-doers1 whilst through their great care in punishing a man's first delinquency1 they avoided the effects of his second and third1 and of the host of others that are committed in every commonwealth where no diligence is observed #aia to root up the evil plant at the commencement4#agj ,according to the ,prefatory ,edict of the ,emperor ,kaung-hee1 published in #afgi1 the chief ends proposed by the institution of punishments in the ,chinese ,empire have been to guard against violence and injury1 to repress inordinate desires1 and to secure the peace and tranquillity of an honest and unoffending community4#aga ,in the ,laws of ,manu punishment is described as a protector of all creatures3--,if the king did not1 without tiring1 inflict punishment on those worthy to be punished1 the stronger would roast the weaker1 like fish on a spit2 the crow would eat the sacrificial cake and the dog would lick the sacrificial viands1 and ownership would not remain with any one1 the lower ones would usurp the place of the higher ones4 ,the whole world is kept in order by punishment1 for a guiltless man is hard to find2 through fear of punishment the whole world yields the enjoyments which it owes4#agb ,even the gods1 the ,dnavas1 the ,gandharvas1 the ,rkshasas1 the bird and snake deities1 give the enjoyments due from them only if they are tormented by the fear of punishment4#agc ,in medival law-books determent is frequently referred to as an object of punishment4#agd ,and in more modern times1 till the end of the eighteenth century at least1 the idea that punishment should inspire fear was ever present to the minds of legislators4 ,footnote #agj3 ,garcilasso de la ,vega1 op4 cit4 i4 #aea sq4 ,footnote #aga3 ,ta ,tsing ,leu ,lee1 p4 lxvii4 ,footnote #agb3 ,laws of ,manu1 vii4 #ad1 #ae1 #bj-bb1 #bd sq4 ,footnote #agc3 ,ibid4 vii4 #bc4 ,footnote #agd3 ,leges ,burgundionum1 ,leges ,gundebati1 #eb3 ,rectius enim paucorum condempnatione multitudo corregitur1 quam sub specie incongruae civilitatis intromittatur occasio1 quae licentiam tribuat delinquendi4 ,capitulare ,aquisgranense ,an4 #hjb1 #cc3 ,sed taliter hoc corripiantur1 ut caeteri metum habeant talia perpetrandi 7,migne1 ,patrologi cursus1 xcvii4 #bcj74 ,chlotar ,,ii4 ,edictum de ,synodo ,parisiensi1 #bd3 ,in ipsum capitali sententia judicetur1 qualiter alii non debeant similia perpetrare 7,migne1 op4 cit4 lxxx4 #ded74 ,for other instances1 see ,brunner1 ,deutsche ,rechtsgeschichte1 ii4 #ehh1 n4 #f4 ,the same idea is also conspicuous in the practice of punishing criminals in public4#age ,a petty thief in the pillory and a scold on the cucking-stool were1 in earlier times1 spectacles familiar to everybody1 whilst persons still living remember seeing offenders publicly whipped in the streets4 ,a gallows or tree with a man hanging upon it1 says ,mr4 ,wright1 was so frequent an object in the country that it seems to have been almost a natural ornament of a landscape1 and it is thus introduced by no #aib means uncommonly in medival manuscripts4#agf ,in atrocious cases it was usual for the court to direct the murderer1 after execution1 to be hung upon a gibbet in chains near the place where the fact was committed1 with the intention of thereby deterring others from capital offences2 and in order that the body might all the longer serve this useful purpose1 it was saturated with tar before it was hung in chains4#agg ,the popularity which mutilation as a punishment enjoyed during the ,middle ,ages was largely due to the opinion1 that a malefactor miserably living was a more striking example of justice than one put to death at once4#agh ,footnote #age3 ,gnther1 ,die ,idee der ,wiedervergeltung1 i4 #baa sq4 n4 #ca4 ,footnote #agf3 ,wright1 ,history of ,domestic ,manners and ,sentiments in ,england during the ,middle ,ages1 p4 #cdf4 ,footnote #agg3 ,holinshed1 op4 cit4 i4 #caa4 ,blackstone1 ,commentaries on the ,laws of ,england1 iv4 #bja4 ,cox1 ',hanging in ,chains1' in ,the ,antiquary1 xxii4 #bac sq4 ,footnote #agh3 ,strutt1 ,view of the ,manners1 c4 of the ,inhabitants of ,england1 ii4 #h4 ,we shall now consider whether these facts really contradict our thesis that punishment is essentially an expression of public indignation4 ,it may1 first1 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 him4 ,in ,china the execution of the law is1 on the whole1 lenient in comparison with its literal and prima facie interpretation4#agi ,many of the laws seem designed to operate chiefly in terrorem1 and the penalty is placed higher than the punishment really intended to be inflicted1 to the end that the ,emperor may have scope for mercy1 or1 as he says1 'for leniency beyond the bounds of the law4'#ahj ,in ,europe1 during the ,middle ,ages1 malefactors frequently received charters of pardon1 and in later times it became a favourite theory that it was good policy1 in framing penal statutes1 to make as many offences as possible capital1 and to leave to the ,crown to relax the severity of the law4 ,in ,england1 about the beginning of the nineteenth century1 the punishment of death was actually inflicted in only a small proportion of the cases in #aic which sentence was passed2 indeed1 not one in twenty of the sentences was carried into execution4#aha ,this discrepancy between law and practice bears witness1 not only to the extent to which the minds of legislators were swayed by the idea of inspiring fear1 but to the limitation of determent as a penal principle4 ,it has been observed that the excessive severity of laws hinders their execution4 ,society revolted against barbarities which the law prescribed4 ,men wronged by crimes1 shrank from the shedding of blood1 and forbore to prosecute3 juries forgot their oaths and acquitted prisoners1 against evidence3 judges recommended the guilty to mercy4#ahb ,yet1 in spite of all such deductions1 there can be no doubt that the hangman had plenty to do4 ,hanging persons1 says ,mr4 ,andrews1 was almost a daily occurrence in the earlier years of the nineteenth century1 for forging notes1 passing forged notes1 and other crimes which we now almost regard with indifference4#ahc ,footnote #agi3 ,staunton1 in his ,preface to ,ta ,tsing ,leu ,lee1 p4 xxvii4 sq4 ,footnote #ahj3 ,wells ,williams1 op4 cit4 i4 #cib sq4 ,footnote #aha3 ,stephen1 op4 cit4 i4 #dga4 ,may1 op4 cit4 ii4 #eig4 ,footnote #ahb3 ,may1 op4 cit4 ii4 #eig4 ,footnote #ahc3 ,andrews1 op4 cit4 p4 #bah4 ,cf4 ,olivecrona1 ,om ddsstraffet1 p4 x4 ,another circumstance worth mentioning is1 that in earlier times the detection of criminals was much rarer and more uncertain than it is now4#ahd ,it has been argued on utilitarian grounds that1 to enable the value of the punishment to outweigh that of the profit of the offence1 it must be increased1 in point of magnitude1 in proportion as it falls short in point of certainty4#ahe ,but the rareness of detection would also for purely emotional reasons tend to increase the severity of the punishment4 ,when one criminal out of ten or twenty is caught1 the accumulated indignation of the public turns against him1 and he becomes a scapegoat for all the rest4 ,footnote #ahd3 ,cf4 ,morrison1 ,crime and its ,causes1 p4 #age4 ,footnote #ahe3 ,bentham1 ,principles of ,morals and ,legislation1 p4 #ahd4 ,cf4 ,paley1 ,moral and ,political ,philosophy1 vi4 #i 7,complete ,works1 ii4 #cga74 ,however1 the chief explanation of the great severity of certain criminal codes lies in their connection with despotism or religion or both4#ahf ,an act which is prohibited #aid by law may be punished1 not only on account of its intrinsic character1 but for the very reason that it is illegal4 ,when the law is1 from the outset1 an expression of popular feelings1 the severity of the penalty with which it threatens the transgressor depends1 in the first place1 on the public indignation evoked by the act itself1 independently of the legal prohibition of it4 ,but the case is different with laws established by despotic rulers or ascribed to divine lawgivers4 ,such laws have a tendency to treat criminals not only as offenders against the individuals whom they injure or against society at large1 but as rebels against their sovereign or their god4 ,their disobedience to the will of the mighty legislator incurs1 or is supposed to incur1 his anger1 and is1 in consequence1 severely resented4 ,but however severe they be1 the punishments inflicted by the despot on disobedient subjects are not regarded as mere outbursts of personal anger4 ,in the archaic ,state the king is an object of profound regard1 and even of religious veneration4 ,he is looked upon as a sacred being1 and his decrees as the embodiment of divine justice4 ,the transgression of any law he makes is1 therefore1 apt to evoke a feeling of public indignation proportionate to the punishment which he pleases to inflict on the transgressor4 ,again1 as to acts which are supposed to arouse the anger of invisible powers1 the people are anxious to punish them with the utmost severity so as to prevent the divine wrath from turning against the community itself4 ,but the fear which1 in such cases1 lies at the bottom of the punishment1 is certainly combined with genuine indignation against the offender1 both because he rebels against ,god and religion1 and because he thereby exposes the whole community to supernatural dangers4 ,footnote #ahf3 ,this has been previously pointed out by ,prof4 ,durkheim1 in his interesting essay1 ',deux lois de l'volution pnale' 7,l'anne sociologique1 iv4 #ahii-aijj1 p4 #fd sqq471 with which ,i became acquainted only when the present chapter was already in type4 ,montesquieu observes 7,de l'esprit des lois1 vi4 #i ,,oeuvres1 p4 #bca71 ,il serait ais de prouver que1 dans tous ou presque tous les tats d',europe1 les peines ont diminu ou augment mesure qu'on s'est plus approch ou plus loign de la libert4 #aie ,various facts might be quoted in support of this explanation4 ,whilst the punishments practised among the lower races generally1 are not conspicuous for their severity1 there are exceptions to this rule among peoples who are governed by despotic rulers4 ,under the ,ashanti code1 even the most trivial offences are punishable with death4#ahg ,in ,madagascar1 also1 death was formerly inflicted for almost every offence4#ahh ,in ,uganda the ordinary punishments were death by fire1 being hacked to pieces by reed splinters1 fine1 imprisonment in the stocks mvuba1 or in the 9999slave fork kaligo1 also mutilation4 ,it is most common to see people deprived of an eye1 or in some cases of both eyes2 persons lacking their ears are also frequently met with4#ahi ,among the ,wassukuma1 whose chieftains used to have power of life and death over their subjects1 a person who was guilty of disobedience to his ruler1 or of some action which the ruler considered wicked and punishable1 was condemned to death4#aij ,in the ,sandwich ,islands1 a chief takes the life of one of his own people for any offence he may commit1 and no one thinks he has a right to interfere4#aia ,footnote #ahg3 ,ellis1 ,tshi-speaking ,peoples of the ,gold ,coast1 p4 #aff4 ,footnote #ahh3 ,ellis1 ,history of ,madagascar1 i4 #cgd4 ,footnote #ahi3 ,ashe1 ,two ,kings of ,uganda1 p4 #bic4 ,cf4 ,wilson and ,felkin1 ,uganda and the ,egyptian ,soudan1 i4 #bja4 ,footnote #aij3 ,kollmann1 ,victoria ,nyanza1 p4 #dca4 ,footnote #aia3 ,ellis1 ,tour through ,hawaii1 p4 #dca4 ,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 governments4 ,according to ,garcilasso de la ,vega1 the ,peruvians--among whom the most common punishment was death--maintained that a culprit was not punished for the delinquencies he had committed1 but for having broken the commandment of the ,ynca1 who was respected as ,god1 and that1 viewed in this light1 the slightest offence merited to be punished with death4#aib ,in ,china the ,emperor was regarded as the vicegerent of ,heaven especially chosen to govern all nations1 and was supreme in everything1 holding at once the highest legislative and executive powers1 without limit or control4#aic ,according #aif to ancient ,japanese ideas1 the duty of a good ,japanese consists in obeying the ,mikado1 without questioning whether his commands are right or wrong4 ,the ,mikado is god and vicar of all the gods1 hence government and religion are the same4#aid ,in ,rome the criminal law1 which for a long time was characterised by great moderation1#aie gradually grew more severe according as absolutism made progress4 ,sylla1 the dictator1 not only put thousands of citizens to death by proscription without any form of trial1 but fixed1 in the ,cornelian criminal code1 for heinous offences the punishment called aqu et ignis interdictio4 ,under the ,emperors some new and cruel capital punishments were introduced1 such as burning alive and exposing to wild beasts2 whilst at the same time offences such as driving away horses or cattle were made capital4#aif ,in medival and modern ,europe the increase of the royal power was accompanied by increasing severity of the penal codes4 ,every crime came to be regarded as a crime against the ,king4 ,indeed1 breach of the ,king's peace became the foundation of the whole ,criminal ,law of ,england2 the right of pardon1 for instance1 as a prerogative of the ,crown1 took its origin in the fact that the ,king was supposed to be injured by a crime1 and could therefore waive his remedy4#aig ,and the ,king was not only regarded as the fountain of social justice1 but as the earthly representative of the heavenly lawgiver and judge4#aih ,footnote #aib3 ,garcilasso de la ,vega1 op4 cit4 i4 #ade4 ,footnote #aic3 ,wells ,williams1 op4 cit4 i4 #cic4 ,footnote #aid3 ,griffis1 ,religions of ,japan1 p4 #ib4 ,cf4 ,idem1 ,mikado's ,empire1 p4 #ajj4 ,footnote #aie3 ,cf4 ,livy1 x4 #i2 ,polybius1 vi4 #ad2 ,gibbon1 ,history of the ,decline and ,fall of the ,roman ,empire1 v4 #cah1 #cbf4 ,footnote #aif3 ,mackenzie1 ,studies in ,roman ,law1 pp4 #djh1 #dji1 #dad4 ,gibbon1 op4 cit4 v4 #cbj4 ,cf4 ,mommsen1 ,rmisches ,strafrecht1 p4 #idc4 ,footnote #aig3 ,cherry1 ,growth of ,criminal ,law in ,ancient ,communities1 pp4 #fh1 #aje4 ,footnote #aih3 ,henke1 ,grundriss einer ,geschichte des deutschen peinlichen ,rechts1 ii4 #caj4 ,abegg1 ,die verschiedenen ,strafrechtstheorieen1 p4 #aag4 ,du ,boys1 ,histoire du droit criminel de l',espagne1 p4 #cbc4 ,of the connection between punishment and the belief in supernatural agencies many instances are found already in the savage world4#aii ,the great severity with which certain #aig infractions of custom are punished has obviously a superstitious origin4 ,in ,polynesia1 according to ,ellis1 the prohibitions and requisitions of the tabu were strictly enforced1 and every breach of them punished with death1 unless the delinquents had some very powerful friends who were either priests or chiefs4#bjj ,among the western tribes of ,torres ,straits1 death was the penalty for infringing the rules connected with the initiation period i4e41 for sacrilege4#bja ,among the ,port ,lincoln aborigines the women and children are not allowed to see any of the initiation ceremonies1 and any impertinent curiosity on their part is punishable with death1 according to the ancient custom4#bjb ,among the ,masai1 who believe that the boiling of milk will cause the cows to run dry1 any one caught doing so can only atone for the sin with a fearfully heavy fine1 or1 failing that1 the insult to the holy cattle will be wiped out in his blood4#bjc ,the penalty of death which is frequently imposed on incest or other sexual offences is largely due to the influence of religious or superstitious beliefs4#bjd ,and in various cases of sacrilege the offender is offered up as a sacrifice to the resentful god4#bje ,footnote #aii3 ,steinmetz1 ,ethnol4 ,studien zur ersten ,entwicklung der ,strafe1 ii4 #cdj sq4 ,the connection between punishment and religion has been emphasised by ,prof4 ,durkheim 7,division du travail social1 p4 #ig sqq47 and ,m4 ,mauss 7',la religion et les origines du droit pnal1' in ,revue de l'histoire des religions1 vols4 xxxiv4 and xxxv474 ,but ,prof4 ,durkheim exaggerates the importance of this connection by assuming 7p4 #ig7 that le droit pnal l'origine tait essentiellement religieux4 ,footnote #bjj3 ,ellis1 ,tour through ,hawaii1 p4 #cid4 ,cf4 ,olmsted1 ,incidents of a ,whaling ,voyage1 p4 #bdh sq42 ,mauss1 in op4 cit4 xxxv4 #ee4 ,footnote #bja3 ,haddon1 ',ethnography of the ,western ,tribes of ,torres ,straits1' in ,jour4 ,anthr4 ,inst4 xix4 #cce4 ,footnote #bjb3 ,schrmann1 ',aboriginal ,tribes of ,port ,lincoln1' in ,woods1 ,native ,tribes of ,south ,australia1 p4 #bcd4 ,footnote #bjc3 ,johnston1 ,kilima-njaro ,expedition1 p4 #dbe4 ,footnote #bjd3 ,see infra1 on ,sexual ,morality4 ,footnote #bje3 ,see infra1 on ,human ,sacrifice4 ,according to ,hebrew notions1 it is man's duty to avenge offences against ,god2 every crime involves a breach of ,god's law1 and is punishable as such1 and hardly any punishment is too severe to be inflicted on the ungodly4#bjf ,these ideas were adopted by the ,christian ,church and by ,christian governments4#bjg ,the principle #aih stated in the ,laws of ,cnut1 that it belongs very rightly to a ,christian king that he avenge ,god's anger very deeply1 according as the deed may be1#bjh was acted upon till quite modern times1 and largely contributed to the increasing severity of the penal codes4 ,it was therefore one of the most important steps towards a more humane legislation when1 in the eighteenth century1 this principle was superseded by the contrary doctrine1 ,il faut faire honorer la ,divinit1 et ne la venger jamais4#bji ,footnote #bjf3 ,cf4 ,robertson ,smith1 ,religion of the ,semites1 p4 #afb sq4 ,footnote #bjg3 von ,eicken1 ,geschichte und ,system der mittelalterlichen ,weltanschauung1 p4 #efc sqq4 ,abegg1 op4 cit4 p4 #aaa sq4 ,wilda1 ,strafrecht der ,germanen1 p4 #ecj sq4 ,gnther1 op4 cit4 ii4 #ab sqq4 ,henke1 op4 cit4 ii4 #caj sq4 ,brunner1 op4 cit4 ii4 #ehg4 ,footnote #bjh3 ,laws of ,cnut1 ii4 #dj4 ,footnote #bji3 ,montesquieu1 ,de l'esprit des lois1 xii4 #d 7,,oeuvres1 p4 #bhb74 ,from the fact1 then1 that crimes are punished not only as wrongs against individuals1 but as wrongs against the ,state1 and1 especially1 as wrongs against some despotic or semi-divine lawgiver1 or against the ,deity1 it follows that even seemingly excessive punishments may1 to a large extent1 be regarded as manifestations of public resentment4 ,this emotion does not necessarily demand like for like4 ,the law of talion presupposes equality of rights2 it is not applicable to impersonal offences1 nor to offences against kings or gods4 ,and as the demands of public resentment may exceed the lex talionis1 so they may on the other hand fall short of it4 ,moreover1 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 system1 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 crime4 ,as we have seen before1 the strength of moral indignation cannot be absolutely measured by the desire to cause pain to the offender4 ,when the emotion of resentment is sufficiently refined1 the infliction of suffering is regarded as a means rather than as an end4 ,by all this ,i certainly do not mean to deny that punishment1 though in the main an expression of public indignation1 is also applied as a means of deterring from crime4 ,criminal law is preventive1 its object is to forbid and #aii to warn1 and it uses punishment as a threat4 ,but the acts which the law forbids are1 as a rule1 such as public opinion condemns as wrong1 and it is their wrongness that in all ages has been regarded as the justification of the penalties to which they are subject4 ,it is true that there are instances in which the law punishes acts which in themselves are not apt to evoke public resentment1 and others in which the severity of the punishment does not exactly correspond with the resentment they evoke4 ,the ,state may have a right to sacrifice the welfare of individuals in order to attain some desirable end4 ,it may have a right to do so in cases where no crime has been committed1 it would therefore seem to be all the more justified in doing so when the evil has been preceded by a warning4 ,and yet1 in the case of punishment1 it is only within narrow limits that such a right is granted to the ,state4 ,to punish a person could not simply mean that he has to suffer for the benefit of the society2 there is always opprobrium connected with punishment4 ,hence the scope which justice leaves for determent pure and simple is not wide4 ,sir ,james ,stephen observes3--,you cannot punish anything which public opinion1 as expressed in the common practice of society1 does not strenuously and unequivocally condemn4 ,to try to do so is a sure way to produce gross hypocrisy and furious reaction4#baj ,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 annulled4 ,as ,gibbon says1 whenever an offence inspires less horror than the punishment awarded to it1 the rigour of penal law is obliged to give way to the common feelings of mankind4 ,footnote #baj3 ,stephen1 ,liberty1 ,equality1 ,fraternity1 p4 #aei4 ,cf4 ,mommsen1 ,rmisches ,strafrecht1 p4 #ia sq4 ,numerous data1 to be referred to in following chapters1 will show how faithfully punishment reflects the emotion of resentment1 and how impossible it would be to explain it from considerations of social utility without close reference #bjj to the feeling of justice4 ,why1 for instance1 should the attempt to commit a crime1 when its failure obviously depends on mere chance1 be punished less severely than the accomplished crime1 if not because the indignation it arouses is less intense8 ,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 murder8 ,and is there any reason to suppose that the unsuccessful offender is less dangerous to society than he who succeeds8 ,all the facts referring to criminal responsibility1 as we shall see1 suggest resentment1 not determent1 as the basis of punishment1 and so does the gradation of the punishment conformably to the magnitude of the crime4#baa ,according to the principle of determent1 as expressed by ,anselm von ,feuerbach and others1 punishment should be neither more nor less severe than is necessary for the suppression of crime4#bab ,but if this rule were really acted upon1 the penalties imposed1 especially on minor offences1 which the law has been utterly unable to suppress1 would certainly be much less lenient than they actually are4 ,moreover1 if there were no intrinsic connection between punishment and resentment1 how could we explain the predilection of early law for the principle of talion--an eye for an eye1 a tooth for a tooth1 a life for a life--#bac which1 as we have seen1 so frequently regulates the custom of revenge8 ,footnote #baa3 ,cf4 ,durkheim1 ,division du travail social1 p4 #ic sq4 ,footnote #bab3 von ,feuerbach1 ,ueber die ,strafe als ,sicherungsmittel vor knftigen ,beleidigungen des ,verbrechers1 p4 #hc4 von ,gizycki1 ,introduction to the ,study of ,ethics1 p4 #ahh4 ,footnote #bac3 ,on this subject1 see ,gnther1 op4 cit4 passim4 ,the criminal law of a society may thus1 on the whole1 be taken for a faithful exponent of moral sentiments prevalent in that society at large4 ,the attempt to make law independent of morality1 and to allot to it a kingdom of its own1 is really1 ,i think1 only an excuse for the moral shortcomings which it reveals if scrutinised from the standpoint of a higher morality4 ,law does not show us the moral consciousness in its refinement4 ,but refinement #bja is a rare thing1 and criminal law is in the main on a level with the unreflecting morality of the vulgar mind4 ,philosophers and theorisers on law would do better service to humanity if they tried to persuade people not only that their moral ideas require improvement1 but that their laws1 so far as possible1 ought to come up to the improved standard1 than they do by wasting their ingenuity in sophisms about the sovereignty of ,law and its independence of the realm of ,justice4 ,,chapter ,,viii ,,the ,,general ,,nature ,,of ,,the ,,subjects ,,of ,,enlightened ,,moral ,,judgments ,,the subjects of moral judgments call for a very comprehensive investigation1 which will occupy the main part of this work4 ,as already said1 we shall first discuss the general nature1 and afterwards the particular branches1 of those phenomena which have a tendency to evoke moral condemnation or moral praise2 and in each case our investigation will be both historical and explanatory4 ,the present chapter1 however1 will be neither the one nor the other4 ,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 evolution4 ,by doing this1 we shall be able1 from the outset1 to distinguish between elements which are hardly discernible1 or separable1 at the lower stages of mental development1 as also to fix the terminology which will be used in the future discussion4 ,moral judgments are commonly said to be passed upon conduct and character4 ,this is a convenient mode of expression1 but the terms need an explanation4 ,conduct has been defined sometimes as acts adjusted to ends1#a sometimes as acts that are not only adjusted to ends1 but definitely willed4#b ,the latter definition is too #bjc narrow for our present purpose1 because1 as will be seen1 it excludes from the province of conduct many phenomena with reference to which moral judgments are passed4 ,the same may be said of the former definition also1 which1 moreover1 is unnecessarily wide1 including as it does an immense number of phenomena with which moral judgments are never concerned4 ,though no definition of conduct could be restricted to such phenomena as actually evoke moral emotions1 the term conduct seems1 nevertheless1 to suggest at least the possibility of moral valuation1 and is therefore hardly applicable to such acts adjusted to ends as are performed by obviously irresponsible beings4 ,it may be well first to fix the meaning of the word act4 ,footnote #a3 ,spencer1 ,principles of ,ethics1 i4 #e4 ,footnote #b3 ,e4g41 ,mackenzie1 ,manual of ,ethics1 p4 #he4 ,according to ,bentham1 acts may be distinguished as external1 or acts of the body1 and internal1 or acts of the mind4 ,thus1 to strike is an external or exterior act3 to intend to strike1 an internal or interior one4#c ,but this application of the word is neither popular nor convenient4 ,the term act suggests something besides intention1 whilst1 at the same time1 it suggests something besides muscular contractions4 ,to intend to strike is no act1 nor are the movements involved in an epileptic fit acts4 ,footnote #c3 ,bentham1 ,principles of ,morals and ,legislation1 p4 #gc4 ,an act comprises an event and its immediate mental cause4 ,the event is generally spoken of as the outward act1 but this term seems to be too narrow1 since the intentional production of a mental fact--for instance1 a sensation1 or an idea1 or an emotion like joy or sorrow or anger--may be properly styled an act4 ,the objection will perhaps be raised that ,i confound acts with their consequences1 and that what ,i call the event is1 as ,austin maintains1 nothing but bodily movements4 ,but ,austin himself admits that he must often speak of acts when he means acts and their consequences1 since most of the names which seem to be names of acts1 are names of acts1 coupled with certain of their consequences1 #bjd and it is not in our power to discard these forms of speech4#d ,i regard the so-called consequences of acts1 in so far as they are intended1 as acts by themselves1 or as parts of acts4 ,footnote #d3 ,austin1 ,lectures on ,jurisprudence1 i4 #dbg1 #dcb sq4 ,the very expression outward act implies that acts also have an inner aspect4 ,intention1 says ,butler1 is part of the action itself4#e ,by intention ,i understand a volition or determination to realise the idea of a certain event2 hence there can be only one intention in one act4 ,certain writers distinguish between the immediate and the remote intentions of an act4 ,suppose that a tyrant1 when his enemy jumped into the sea to escape him1 saved his victim from drowning with a view to inflicting upon him more exquisite tortures4 ,the immediate intention1 it is maintained1 was to save the enemy from drowning1 the remote intention was to inflict upon him tortures4#f ,but ,i should say that1 in this case1 we have to distinguish between two acts1 of which the first was a means of producing the event belonging to the second1 and that1 when the former was accomplished1 the latter was still only in preparation4 ,a distinction has1 moreover1 been drawn between the direct and the indirect intention of an act3--,if a ,nihilist seeks to blow up a train containing an ,emperor and others1 his direct intention may be simply the destruction of the ,emperor1 but indirectly also he intends the destruction of the others who are in the train1 since he is aware that their destruction will be necessarily included along with that of the ,emperor4#g ,in this case we have two intentions1 and1 so far as ,i can see1 two acts1 provided that the nihilist succeeded in carrying out his intentions1 namely 7#a7 the blowing up of the train1 and 7#b7 the killing of the emperor2 the former of these acts does not even necessarily involve the latter4 ,but ,i fail to see that there is any intention at all to kill other #bje persons4 ,professor ,sidgwick maintains that it would be thought absurd to say that1 in such a case1 the nihilist did not intend to kill them2#h but the reason for this is simply the vagueness of language1 and a confusion between a psychical fact and the moral estimate of that fact4 ,it might be absurd to bring forward the nihilist's non-intention as an extenuation of his crime2 but it would hardly be correct to say that he intended the death of other passengers1 besides that of the emperor1 when he only intended the destruction of the train1 though this intention involved an extreme disregard of the various consequences which were likely to follow4 ,he knowingly exposed the passengers to great danger2 but if we speak of an intention on his part to expose them to such a danger1 we regard this exposure as an act by itself4 ,footnote #e3 ,butler1 ',dissertation ,,ii4 ,of the ,nature of ,virtue1' in ,analogy of ,religion1 c4 p4 #ccf4 ,footnote #f3 ,mackenzie1 op4 cit4 p4 #fj4 ,the example is borrowed from ,stuart ,mill1 ,utilitarianism1 p4 #bg note4 ,footnote #g3 ,mackenzie1 op4 cit4 p4 #fa4 ,cf4 ,sidgwick1 ,methods of ,ethics1 p4 #bjb1 n4 #a4 ,footnote #h3 ,sidgwick1 op4 cit4 p4 #bjb1 n4 #a4 ,on the subject of indirect intention1 cf4 also ,bentham1 op4 cit4 pp4 #hd1 #hf4 ,a moral judgment may refer to a mere intention1 independently of its being realised or not4 ,moreover1 the moral judgments which we pass on acts do not really relate to the event1 but to the intention4 ,in this point moralists of all schools seem to agree4#i ,even ,stuart ,mill1 who drew so sharp a distinction between the morality of the act and the moral worth of the agent1 admits that the morality of the action depends entirely upon the intention4#aj ,the event is of moral importance only in so far as it indicates a decision which is final4 ,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 immediately4 ,however determined a person may be to commit a crime1 or to perform a good deed1 the idea of the immediacy of the event may1 in the last moment1 induce him to change his mind4 ,the road to hell is paved with good intentions4 ,external events are generally the direct causes of our moral emotions2 indeed1 without the doing of harm and the doing of good1 the moral consciousness would never #bjf have come into existence4 ,hence the ineradicable tendency to pass moral judgments upon acts1 even though they really relate to the final intentions involved in acts4 ,it would be both inconvenient and useless to deviate1 in this respect1 from the established application of terms4 ,and no misunderstanding can arise from such application if it be borne in mind that by an act1 as the subject of a moral judgment1 is invariably understood the event plus the intention which produced it1 and that the very same moral judgment as is passed on acts would also1 on due reflection1 be recognised as valid with reference to final decisions in cases where accidental circumstances prevented the accomplishment of the act4 ,footnote #i3 ,sidgwick1 op4 cit4 p4 #bja4 ,footnote #aj3 ,stuart ,mill1 ,utilitarianism1 p4 #bg note4 ,cf4 ,james ,mill1 ,fragment on ,mackintosh1 p4 #cgf4 ,it is in their capacity of volitions that intentions are subjects of moral judgments4 ,what is perfectly independent of the will is no proper object of moral blame or moral praise4 ,on the other hand1 any volition may have a moral value4 ,but1 so far as ,i can see1 there are volitions which are not intentions4 ,a person is morally accountable also for his deliberate wishes1 and the reason for this is that a deliberate wish is a volition4 ,i am aware that1 by calling deliberate wishes volitions1 ,i offend against the terminology generally adopted by psychologists4 ,however1 a deliberate wish is not only from a moral point of view--as being a proper subject of moral valuation--but psychologically as well1 so closely akin to a decision1 that there must be a common term comprising both4 ,in the realm of conations1 deliberate wishes and decisions form together a province by themselves4 ,in contradistinction to mere conative impulses1 they are expressions of a person's character1 of his will4 ,a deliberate wish may just as well as a decision represent his true self4 ,it has been argued that a person may will one thing and yet wish the opposite thing4 ,locke observes3--,a man whom ,i cannot deny1 may oblige me to use persuasions to another1 which1 at the same time ,i am speaking1 ,i may wish may not prevail upon him4 ,in this case it is plain the will and desire run counter1 ,i will the action that #bjg tends one way1 whilst my desire tends another1 and that the direct contrary way4#aa ,yet in this case ,i either do not intend to persuade the man1 but only to discharge my office by speaking to him words which are apt to have a persuasive effect on him2 or1 if ,i do intend to persuade him1 ,i do not in the same moment feel any deliberate wish to the contrary1 although ,i may feel such a wish before or afterwards4 ,we cannot simultaneously have an intention to do a thing and a deliberate wish not to do it4 ,footnote #aa3 ,locke1 ,essay concerning ,human ,understanding1 ii4 #ba4 #cj 7,philosophical ,works1 p4 #bai74 ,if it is admitted that moral judgments are passed on acts simply in virtue of their volitional character1 it seems impossible to deny that such judgments may be passed on the motives of acts as well4 ,by motive ,i understand a conation which moves the will1 in other words1 the conative cause of a volition4#ab ,the motive itself may be1 or may not be1 a volition4 ,if it is1 it obviously falls within the sphere of moral valuation4 ,the motive of an act may even be an intention1 but an intention belonging to another act4 ,when ,brutus helped to kill ,csar in order to save his country1 his intention to save his country was the cause1 and therefore the motive1 of his intention to kill ,csar4 ,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 intention4 ,but if the intention of an act is part of the act itself1 and a motive is the cause of an intention1 the motive of an intention cannot be a part of that intention1 since a part cannot be the cause of the whole of which it forms a part4 ,footnote #ab3 ,the term 'motive1' says ,professor ,stout 7,groundwork of ,psychology1 p4 #bcc sq47 is ambiguous4 ,it may refer to the various conations which come into play in the process of deliberation and tend to influence its result4 ,or it may refer to the conations which we mentally assign as the ground or reason of our decision when it has been fully formed4 ,motive1 in the former sense of the term1 is not implied in what ,i here understand by motive4 ,on the other hand1 it should be observed that there are motives not only for decisions1 but for deliberate wishes--another circumstance which shows the affinity between these two classes of mental facts4 ,but even motives which1 being neither deliberate wishes #bjh nor intentions1 consist of non-volitional conations1 and1 therefore1 are no proper subjects of moral valuation1 may nevertheless indirectly exercise much influence on moral judgments4 ,suppose that a person without permission gratifies his hunger with food which is not his own4 ,the motive of his act is a non-volitional conation1 an appetite1 and has consequently no moral value4 ,yet it must be taken into account by him who judges upon the act4 ,other things being equal1 the person in question is less guilty in proportion as his hunger is more intense4 ,the moral judgment is modified by the pressure which the non-volitional motive exercises upon the agent's will4 ,the same is the case when the motive of an act is the conative element involved in an emotion4 ,if a person commits a certain crime under the influence of anger1 he is not so blamable as if he commits the same crime in cold blood4 ,thus1 also1 it is more meritorious to be kind to an enemy from a feeling of duty1 than to be kind to a friend from a feeling of love4 ,no man deserves blame or praise for the pressure of a non-volitional conation upon his will1 unless1 indeed1 such a pressure is due to choice1 or unless it might have been avoided with due foresight4 ,but a person may deserve blame or praise for not resisting that impulse1 or for allowing it to influence his will for evil or good4 ,it is true that moral judgments are commonly passed on acts without much regard being paid to their motives2#ac but the reason for this is only the superficiality of ordinary moral estimates4 ,moral indignation and moral approval are1 in the first place1 aroused by conspicuous facts1 and1 whilst the intention of an act is expressed in the act itself1 its motive is not4 ,but a conscientious judge cannot1 like the multitude1 be content with judging of the surface only4 ,stuart ,mill1 in his famous statement that the motive has nothing to do with the morality of the action1 though much with the worth of the agent1#ad has drawn a distinction #bji between acts and agents which is foreign to the moral consciousness4 ,it cannot be admitted that he who saves a fellow creature from drowning does what is morally right1 whether his motive be duty1 or the hope of being paid for his trouble4 ,he ought1 of course1 to save the other person from drowning1 but at the same time he ought to save him from a better motive than a wish for money4 ,it may be that he who betrays his friend that trusts him is guilty of a crime1 even if his object be to serve another friend to whom he is under greater obligations2#ae but surely his guilt would be greater if he betrayed his friend1 say1 in order to gain some personal advantage thereby4 ,intentions and motives are subjects of moral valuation not separately1 but as a unity2 and the reason for this is that moral judgments are really passed upon men as acting or willing1 not upon acts or volitions in the abstract4 ,it is true that our detestation of an act is not always proportionate to our moral condemnation of the agent2 people do terrible things in ignorance4 ,but our detestation of an act is1 properly speaking1 a moral emotion only in so far as it is directed against him who committed the act1 in his capacity of a moral agent4 ,we are struck with horror when we hear of a wolf eating a child1 but we do not morally condemn the wolf4 ,footnote #ac3 ,cf4 ,james ,mill1 ,fragment on ,mackintosh1 p4 #cgf2 ,sidgwick1 op4 cit4 p4 #cfd4 ,footnote #ad3 ,stuart ,mill1 ,utilitarianism1 p4 #bf4 ,footnote #ae3 ,ibid4 p4 #bf4 ,a volition may have reference not only to the doing of a thing1 but to the abstaining from doing a thing4 ,it may form part not only of an act1 but of a forbearance4 ,a forbearance is morally equivalent to an act1 and the volition involved in it is equivalent to an intention4 ,sitting still1 or holding one's peace1 says ,locke1 when walking or speaking are proposed1 though mere forbearances1 requiring as much the determination of the will1 and being as often weighty in their consequences as the contrary actions1 may1 on that consideration1 well enough pass for actions too4#af ,yet it is hardly correct to call them acts4 ,bentham's division of acts into acts of commission #baj and acts of omission or forbearance#ag is not to be recommended4 ,a not-doing ,i do not call an act1 and the purpose of not doing ,i do not call an intention4#ah ,but the fact remains that a forbearance involves a distinct volition1 which1 as such1 may be the subject of moral judgment no less than the intention involved in an act4 ,footnote #af3 ,locke1 op4 cit4 ii4 #ba1 #bh 7,philosophical ,works1 p4 #bah74 ,footnote #ag3 ,bentham1 op4 cit4 p4 #gb4 ,footnote #ah3 ,cf4 ,clark1 ,analysis of ,criminal ,liability1 p4 #db4 ,willing not to do a thing must be distinguished from not willing to do a thing2 forbearances must be distinguished from omissions4 ,an omission--in the restricted sense of the word--is characterised by the absence of volition4 ,it is1 as ,austin puts it1 the not doing a given act1 without adverting 7at the time7 to the act which is not done4#ai ,now moral judgments refer not only to willing1 but to not-willing as well1 not only to acts and forbearances1 but to omissions4 ,it is curious that this important point has been so little noticed by writers on ethics1 although it constitutes a distinct and extremely frequent element in our moral judgments4 ,it has been argued that what is condemned in an omission is really a volition1 not the absence of a volition2 that an omission is bad1 not because the person did not do something1 but because he did something else1 or was in such a condition that he could not will1 and is condemned for the acts which brought him into that condition4#bj ,in the latter case1 of course1 the man cannot be condemned for his omission1 since he cannot be blamed for not doing what #baa he could not will2 but to say that an omission is condemned only on account of the performance of some act is undoubtedly a psychological error4 ,if a person forgets to discharge a certain duty incumbent on him1 say1 to pay a debt1 he is censured1 not for anything he did1 but for what he omitted to do4 ,he is blamed for not doing a thing which he ought to have done1 because he did not think of it2 he is blamed for his forgetfulness4 ,in other words1 his guilt lies in his negligence4 ,footnote #ai3 ,austin1 op4 cit4 i4 #dch4 ,footnote #bj3 ,alexander1 ,moral ,order and ,progress1 p4 #cd sq4 ,so1 also1 ,professor ,sidgwick maintains 7op4 cit4 p4 #fj7 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--i4e41 represented in thought as certain or probable consequences of such volitions1 and that1 in cases of carelessness1 moral blame1 strictly speaking1 attaches to the agent1 only in so far as his carelessness is the result of some wilful neglect of duty4 ,a similar view is taken by the moral philosophy of ,roman ,catholicism4 7,gpfert1 ,moraltheologie1 i4 #aac74 ,binding1 again1 assumes 7,die ,normen1 ii4 #aje sqq47 that a person may have a volition without having an idea of what he wills1 and that carelessness implies a volition of this kind4 ,otherwise1 he says1 the will could not be held responsible for the result4 ,but1 as we shall see immediately1 the absence of a volition may very well be attributed to a defect of the will1 and the will thus be regarded as the cause of an unintended event4 ,to speak of a volition or will to do a thing of which the person who wills it has no idea seems absurd4 ,closely related to negligence is heedlessness1 the difference between them being seemingly greater than it really is4 ,whilst the negligent man omits an act which he ought to have done1 because he does not think of it1 the heedless man does an act from which he ought to have forborne1 because he does not consider its probable or possible consequences4#ba ,in the latter case there is acting1 in the former case there is absence of acting4 ,but in both cases the moral judgment refers to want of attention1 in other words1 to not-willing4 ,the fault of the negligent man is that he does not think of the act which he ought to perform1 the fault of the heedless man is that he does not think of the probable or possible consequences of the act which he performs4 ,in rashness1 again1 the party adverts to the mischief which his act may cause1 but1 from insufficient advertence assumes that it will not ensue2 the fault of the rash man is partial want of attention4#bb ,negligence1 heedlessness1 and rashness1 are all included under the common term carelessness4 ,footnote #ba3 ,the meaning of the word negligence1 in the common use of language1 is very indefinite4 ,it often stands for heedlessness as well1 or for carelessness4 ,i use it here in the sense in which it was applied by ,austin 7op4 cit4 i4 #dci sq474 ,footnote #bb3 ,austin1 op4 cit4 i4 #ddj sq4 ,clark1 op4 cit41 p4 #aja4 ,our moral judgments of blame1 however1 are concerned with not-willing only in so far as this not-willing is attributed to a defect of the will1 not to the influence of intellectual or other circumstances for which no man can be held responsible4 ,that power in a person which we call his will is regarded by us as a cause1 not only of #bab such events as are intended1 but of such events as we think that the person could have prevented by his will4 ,and just as1 in the case of volitions1 the guilt of the party is affected by the pressure of non-voluntary motives1 so in the case of carelessness mental facts falling outside the sphere of the will must be closely considered by the conscientious judge4 ,but nothing is harder than to apply this rule in practice4 ,equally difficult is it1 in many cases1 to decide whether a person's behaviour is due to want of advertence1 or is combined with a knowledge of what his behaviour implies1 or of the consequences which may result from it--to decide whether it is due to carelessness1 or to something worse than carelessness4 ,for him who refrains from performing an obligatory act1 though adverting to it1 negligent is certainly too mild an epithet1 and he who knows that mischief will probably result from his deed is certainly worse than heedless4 ,yet even in such cases the immediate object of blame may be the absence of a volition--not a want of attention1 but a not-willing to do1 or a not-willing to refrain from doing1 an act in spite of advertence to what the act implies or to its consequences4 ,i may abstain from performing an obligatory act though ,i think of it1 and yet1 at the same time1 make no resolution not to perform it4 ,so1 too1 if a man is ruining his family by his drunkenness1 he may be aware that he is doing so1 and yet he may do it without any volition to that effect4 ,in these cases the moral blame refers neither to negligence or heedlessness1 nor to any definite volition1 but to disregard of one's duty or of the interests of one's family4 ,at the same time1 the transition from conscious omissions into forbearances1 and the transition from not-willing to refrain from doing into willing to do1 are easy and natural2 hence the distinction between willing and not-willing may be of little or no significance from an ethical point of view4 ,for this reason such consequences of an act as are foreseen as certain or probable have commonly been included under the term intention1#bc #bac often as a special branch of intention--oblique1 or indirect1 or virtual intention2#bd but1 as was already noticed1 this terminology is hardly appropriate4 ,i shall call such consequences of an act as are foreseen by the agent1 and such incidents as are known by him to be involved in his act1 the known concomitants of the act4 ,when the nihilist blows up the train containing an emperor and others1 with a view to killing the emperor1 the extreme danger to which he exposes the others is a known concomitant of his act4 ,so1 also1 in most crimes1 the breach of law1 as distinct from the act intended1 is a known concomitant of the act1 inasmuch as the criminal1 though aware that his act is illegal1 does not perform it for the purpose of violating the law4 ,as ,bacon said1 no man doth a wrong for the wrong's sake1 but thereby to purchase himself profit1 or pleasure1 or honour1 or the like4#be ,footnote #bc3 ,cf4 ,sidgwick1 op4 cit4 p4 #bjb4 ,footnote #bd3 ,bentham1 op4 cit4 p4 #hd4 ,austin1 op4 cit4 i4 #dhj4 ,clark1 op4 cit4 pp4 #ig1 #ajj4 ,footnote #be3 ,bacon1 ',essay ,,iv4 ,of ,revenge' in ,essays1 p4 #de4 ,cf4 ,grotius1 ,de jus belli et pacis1 ii4 #bj4 #bi4 #a3 ,vi quisquam gratis malus est4 ,absence of volitions1 like volitions themselves1 give rise not only to moral blame1 but to moral praise4 ,we may1 for instance1 applaud a person for abstaining from doing a thing1 beneficial to himself but harmful to others1 which1 in similar circumstances1 would have proved too great a temptation to any ordinary man2 and it does not necessarily lessen his merit if the opposite alternative did not even occur to his mind1 and his abstinence1 therefore could not possibly be ascribed to a volition4 ,very frequently moral praise refers to known concomitants of acts rather than to the acts themselves4 ,the merit of saving another person's life at the risk of losing one's own1 really lies in the fact that the knowledge of the danger did not prevent the saver from performing his act2 and the merit of the charitable man really depends on the loss which he inflicts upon himself by giving his property to the needy4 ,in these and analogous cases of self-sacrifice for a good end1 the merit1 strictly speaking1 consists in not-willing to #bad avoid a known concomitant of a beneficial act4 ,but there are instances1 though much less frequent1 in which moral praise is bestowed on a person for not-willing to avoid a known concomitant which is itself beneficial4 ,thus it may on certain conditions be magnanimous of a person not to refrain from doing a thing1 though he knows that his deed will benefit somebody who has injured him1 and towards whom the average man in similar circumstances would display resentment4 ,all these various elements into which the subjects of moral judgments may be resolved1 are included in the term conduct4 ,by a man's conduct in a certain case is understood a volition1 or the absence of a volition in him--which is often1 but not always or necessarily1 expressed in an act1 forbearance1 or omission--viewed with reference to all such circumstances as may influence its moral character4 ,in order to form an accurate idea of these circumstances1 it is necessary to consider not only the case itself1 but the man's character1 if by character is understood a person's will regarded as a continuous entity4#bf ,the subject of a moral judgment is1 strictly speaking1 a person's will conceived as the cause either of volitions or of the absence of volitions2 and1 since a man's will or character is a continuity1 it is necessary that any judgment passed upon him in a particular case1 should take notice of his will as a whole1 his character4 ,we impute a person's acts to him only in so far as we regard them as a result or manifestation of his character1 as directly or indirectly due to his will4 ,hume observes3--,actions are1 by their very nature1 temporary and perishing2 and where they proceed not from some cause in the character and disposition of the person who performed them1 they can neither redound to his honour1 if good2 nor infamy1 if evil4 4 4 4 ,the person is not answerable for them2 and as they proceeded #bae from nothing in him1 that is durable and constant1 and leave nothing of that nature behind them1 it is impossible he can1 upon their account1 become the object of punishment or vengeance4#bg ,there is thus an intimate connection between character and conduct as subjects of moral valuation4 ,when judging of a man's conduct in a special instance1 we judge of his character1 and when judging of his character1 we judge of his conduct in general4 ,footnote #bf3 ,cf4 ,alexander1 op4 cit4 p4 #di3 ,character is simply that of which individual pieces of conduct are the manifestation4 ,to the word character has also been given a broader meaning4 ,according to ,john ,grote 7,treatise on the ,moral ,ideals1 p4 #ddb71 a person's character is his habitual way of thinking1 feeling1 and acting4 ,footnote #bg3 ,hume1 ,enquiry concerning ,human ,understanding1 viii4 #b 7,philosophical ,works1 iv4 #hj74 ,cf4 ,idem1 ,treatise of ,human ,nature1 iii4 #b 7ibid4 ii4 #aia74 ,see also ,schopenhauer1 ,die beiden ,grundprobleme der ,ethik 7,smmtliche ,werke1 vol4 vii471 pp4 #abc1 #abd1 #bha4 ,it will perhaps be remarked that moral judgments are passed not only on conduct and character1 but on emotions and opinions2 for instance1 that resentment in many cases is deemed wrong1 and love of an enemy is deemed praiseworthy1 and that no punishment has been thought too severe for heretics and unbelievers4 ,but even in such instances the object of blame or praise is really the will4 ,the person who feels resentment is censured because his will has not given a check to that emotion1 or because the hostile attitude of mind has led up to a definite volition4 ,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 object2 and the words resentment and love themselves are often used to denote1 not mere emotions1 but states of mind characterised by genuine volitions4 ,an emotion1 or the absence of an emotion1 may also1 when viewed as a symptom1 give rise to1 and be the apparent subject of1 a moral judgment4 ,we are apt to blame a person whose feelings are not affected by the news of a misfortune which has befallen his friend1 because we regard this as a sign of an uncharitable character4 ,we may be mistaken1 of course4 ,the same person might have been the first to try to prevent the misfortune if it had been in his power2 but we judge from average cases4 ,as for opinions and beliefs1 it may be said that they involve responsibility in so far as they are supposed to #baf depend on the will4 ,generally it is not so much the opinion itself but rather the expression1 or the outward consequence1 of it that calls forth moral indignation2 and in any case the blame1 strictly speaking1 refers either to such acts1 or to the cause of the opinion within the will4 ,that a certain belief1 or unbelief1 is never as such a proper object of censure is recognised both by ,catholic and ,protestant theology4 ,thomas ,aquinas points out that the sin of unbelief consists in contrary opposition to the faith1 whereby one stands out against the hearing of the faith1 or even despises faith1 and that1 though such unbelief itself is in the intellect1 the cause of it is in the will4 ,and he adds that in those who have heard nothing of the faith1 unbelief has not the character of a sin1 but rather of a penalty1 inasmuch as such ignorance of divine things is a consequence of the sin of our first parent4#bh ,dr4 ,wardlaw likewise observes3--,the ,bible condemns no man for not knowing what he never heard of1 or for not believing what he could not know4 4 4 4 ,ignorance is criminal only when it arises from wilful inattention1 or from aversion of heart to truth4 ,unbelief involves guilt1 when it is the effect and manifestation of the same aversion--of a want of will to that which is right and good4#bi ,to shut one's eyes to truth may be a heinous wrong1 but nobody is blamable for seeing nothing with his eyes shut4 ,footnote #bh3 ,thomas ,aquinas1 ,summa ,theologica1 ii4-ii4 #aj4 #a sq4 ,footnote #bi3 ,wardlaw1 ,sermons on ,man's ,accountableness for his ,belief1 c4 p4 #ch4 ,after these preliminary remarks1 which refer to the scrutinising and enlightened moral consciousness1 we shall proceed to discuss in detail1 and from an evolutionary point of view1 the various elements of which the subjects of moral judgments consist4 ,,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 will1 it would be a hasty conclusion to assume that moral judgments always and necessarily relate to the will4 ,there are numerous facts which tend to show that such judgments are largely influenced by external events involved in1 or resulting from1 the conduct of men4 ,some peoples are said to make no distinction between intentional and accidental injuries4 ,most statements to this effect refer to revenge or compensation4 ,von ,martius states that1 among the ,arawaks1 the blood-revenge is so blind and is practised so extensively1 that many times an accidental death leads to the destruction of whole families1 both the family of him who killed and of the family of the victim2#a and1 according to ,sir ,e4 ,f4 ,im ,thurn1 the smallest injury done by one ,guiana ,indian to another1 even if unintentional1 must be atoned by the suffering of a similar injury4#b ,adair1 in his work on the ,north ,american ,indians1 says that they pursued the law of retaliation with such a fixed eagerness1 that formerly if a little boy shooting birds in the high and thick cornfields unfortunately chanced slightly to wound another with his childish arrow1 the young vindictive fox was excited by custom to watch his ways with the utmost earnestness1 till the wound was returned in as equal a manner #bah as could be expected4#c ,among the ,ondonga in ,south ,africa1#d the ,nissan ,islanders in the ,bismarck ,archipelago1#e and certain ,marshall ,islanders1#f the custom of blood-revenge makes no distinction between wilful and accidental homicide4 ,among the ,kasias destruction of human life1 whether by accident or design1 in open war or secret1 is always the cause of feud among the relations of the parties4#g ,it seems that the blood-revenge of the early ,greeks was equally indiscriminate4#h ,as for the blood-feuds of the ancient ,teutons1 ,wilda maintains that1 even in prehistoric times1 it was hardly conformable to good custom to kill the involuntary manslayer2#i but there is every reason to believe that custom made no protest against it4 ,according to the myth of ,balder1 accident was no excuse for shedding blood4 ,loke gives to ,hdur the mistletoe twig1 and asks him to do like the rest of the gods1 and show ,balder honour1 by shooting at him with the twig4 ,hdur throws the mistletoe at ,balder1 and kills him1 not knowing its power4 ,according to our notions1 blind ,hdur is perfectly innocent of his brother's death2 yet the avenger1 ,vali1 by the usual ,germanic vow1 neither washes nor combs his hair till he has killed ,hdur4 ,it is also instructive to note that the narrator of this story finds himself called upon to explain1 and1 in a manner1 to excuse the ,asas for not punishing ,hdur at once1 the place where they were assembled being a sacred place4#aj ,we find survivals of a similar view in laws of a comparatively recent date4 ,the earliest of the ,norman customals declares quite plainly that the man who kills his lord by misadventure must die4#aa ,and1 according to a passage in ',leges ,henrici ,i41' in case ,a by mischance falls from a tree upon ,b and kills him1 then1 if ,b's kinsman must needs have vengeance1 he may climb a tree and fall upon ,a4#ab ,this provision has been justly represented as a curious instance of a growing appreciation of moral differences1 which has not dared to abolish1 but has tried to circumvent the ancient rule4#ac ,footnote #a3 von ,martius1 ,beitrge zr ,ethnographie ,amerika's1 i4 #fic sq4 ,footnote #b3 ,im ,thurn1 ,among the ,indians of ,guiana1 p4 #bad4 ,footnote #c3 ,adair1 ,history of the ,american ,indians1 p4 #aej4 ,footnote #d3 ,rautanen1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #cda4 ,footnote #e3 ,sorge1 ibid4 p4 #dah4 ,footnote #f3 ,kohler1 in ,zeitschr4 f4 vergl4 ,rechtswiss4 xiv4 #ddc4 ,see also ,idem1 ,shakespeare vor dem ,forum der ,jurisprudenz1 p4 #ahh4 ,footnote #g3 ,fisher1 in ,jour4 ,asiatic ,soc4 ,bengal1 ix4 #hce4 ,footnote #h3 ,rohde1 ,psyche1 pp4 #bcg1 #bch1 #bdb4 ,footnote #i3 ,wilda1 ,strafrecht der ,germanen1 p4 #agd4 ,footnote #aj3 ,snorri ,sturluson1 ',gylfaginning1' #ej1 in ,edda1 p4 #ei4 ,cf4 ,brunner1 ,forschungen zur ,geschichte des deutschen und franzsischen ,rechtes1 p4 #dhi4 ,footnote #aa3 ,pollock and ,maitland1 ,history of ,english ,law before the ,time of ,edward ,i4 ii4 #dhb4 ,footnote #ab3 ,leges ,henrici ,i4 xc4 #g4 ,footnote #ac3 ,pollock and ,maitland1 op4 cit4 ii4 #dga4 #bai ,among the ,kandhs similar compensation is made in all cases both of excusable homicide and of manslaughter4#ad ,and the same is said to be the case among various other savages or barbarians4#ae ,footnote #ad3 ,macpherson1 ,memorials of ,service in ,india1 p4 #hb4 ,footnote #ae3 ,crawfurd1 ,history of the ,indian ,archipelago1 iii4 #abc4 ,ellis1 ,e7we-speaking ,peoples of the ,slave ,coast1 p4 #bbc4 ,munzinger1 ,ostafrikanische ,studien1 p4 #ejb 7,barea and ,kunma74 ,however1 this want of discrimination between intentional and accidental injuries is not restricted to cases of revenge or compensation4 ,early punishment is sometimes equally indiscriminate4 ,among the ,kfirs of the ,hindu-,kush1 murder1 justifiable homicide1 and killing by inadvertence in a quarrel1 are all classed as one crime1 and punished in the same way4 ,extenuating circumstances are never considered4 ,the single question asked is1 ,did the man kill the other8 ,the penalty is an extremely heavy blood-ransom to the family of the slain man1 or perpetual exile combined with spoliation of the criminal's property4#af ,parkyns tells us the following story from ,abyssinia3--,a boy who had climbed a tree1 happened to fall down right on the head of his little comrade standing below4 ,the comrade died immediately1 and the unlucky climber was in consequence sentenced to be killed in the same way as he had killed the other boy1 that is1 the dead boy's brother should climb the tree in his turn1 and tumble down on the other's head till he killed him4#ag ,the ,cameroon tribes do not recognise the circumstance of accidental death3--,he who kills another accidentally must die4 ,then1 they say1 the friends of each are equal mourners4#ah ,among the negroes of ,accra1 according to ,monrad1 accidental homicide is punished as severely as intentional4#ai ,footnote #af3 ,scott ,robertson1 ,kfirs of the ,hindu-,kush1 p4 #ddj4 ,footnote #ag3 ,parkyns1 ,life in ,abyssinia1 ii4 #bcf sqq4 ,footnote #ah3 ,richardson1 ',observations among the ,cameroon ,tribes of ,west ,central ,africa1' in ,memoirs of the ,international ,congress of ,anthropology1 ,chicago1 p4 #bjc4 ,see also ,leuschner1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #bd 7,bakwiri72 ibid4 p4 #ea 7,banaka and ,bapuku74 ,footnote #ai3 ,monrad1 ,guinea-,kysten og dens ,indbyggere1 p4 #hh4 ,yet it would obviously be a mistake to suppose that1 at early stages of civilisation1 people generally look only at the harm done1 and not in the least at the will of him who did it4 ,even in the system of private redress we often #bbj find a distinction made between intentional or foreseen injuries on the one hand1 and unintentional and unforeseen injuries on the other4 ,in many instances1 whilst blood-revenge is taken for voluntary homicide1 compensation is accepted for accidental infliction of death4#bj ,and sometimes the chief or the ,state interferes on behalf of the involuntary manslayer1 protecting him from the persecutions of the dead man's family4 ,footnote #bj3 ,cf4 ,kohler1 ,shakespeare vor dem ,forum der ,jurisprudenz1 p4 #ahh1 n4 #a4 ,among the ,african ,wapokomo intention makes a difference in the revenge4#ba ,among the ,papuans of the ,tami ,islands blood-revenge is common in the case of murder1 but is not exacted in the case of accidental homicide2 the involuntary manslayer has only to pay a compensation and to leave the community for a certain length of time4#bb ,among the ,namaqua ,hottentots custom demands that compensation should be accepted for unintentional killing4#bc ,we meet with the same principle among the ,albanians#bd and the ,slavs1#be in the past history of other ,european peoples1#bf in ancient ,yucatan1#bg and in the religious law of ,muhammedanism4#bh ,among the ,kabyles of ,algeria1 si les moeurs n'autorisent jamais la famille victime d'un homicide volontaire amnistier un crime1 elles lui permettent presque toujours de pardonner la mort qui ne rsulte que d'une maladresse ou d'un accident4 ,they have a special ceremony by which the family of the deceased grant pardon to the involuntary manslayer1 but the pardon must be given unanimously4 ,the manslayer then becomes a member of the kharuba1 or gens1 of the deceased4#bi ,among the ,omahas1 when one man killed another accidentally1 he was rescued by the interposition of the chiefs1 and subsequently was punished as if he were a murderer1 but only for a year or two4#cj ,the #bba ancient law of the ,hebrews1 which recognised the right and duty of private revenge in cases of intentional homicide1 laid down special rules for homicide by misfortune4 ,he who killed another unawares and unwittingly might flee to a city of refuge1 where he was protected against the avenger of blood as long as he remained there4#ca ,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 place4#cb ,footnote #ba3 ,kraft1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #bib4 ,footnote #bb3 ,bamler1 quoted by ,kohler1 in ,zeitschr4 f4 vergl4 ,rechtswiss4 xiv4 #chj4 ,footnote #bc3 ,fritsch1 ,die ,eingeborenen ,sd-,afrika's1 p4 #cfc4 ,footnote #bd3 ,gopvcevi'c1 ,oberalbanien und seine ,liga1 p4 #cbg4 ,footnote #be3 ,miklosich1 ',blutrache bei den ,slaven1' in ,denkschriften der kaiserl4 ,akademie der ,wissensch4 ,philos4-histor4 ,classe1 ,vienna1 xxxvi4 #aca4 ,footnote #bf3 ,leist1 ,grco-italische ,rechtsgeschichte1 p4 #cbd4 ,ancient ,laws of ,ireland1 iii4 p4 cxxiv4 ,for the ancient ,teutons1 see infra1 p4 #bbf4 ,footnote #bg3 de ,landa1 ,relacion de las cosas de ,yucatan1 p4 #acd4 ,footnote #bh3 ,koran1 iv4 #id4 ,cf4 ,sachau1 ,muhammedanisches ,recht nach ,schafiitischer ,lehre1 p4 #gfa sq4 ,footnote #bi3 ,hanoteau and ,letourneux1 ,la ,kabylie1 iii4 #fh sq4 ,footnote #cj3 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #cgj4 ,footnote #ca3 ,deuteronomy1 iv4 #db4 ,numbers1 xxxv4 #aa sqq4 ,joshua1 xx4 #c sqq4 ,footnote #cb3 ,servius1 ,in ,virgilii ,bucolica1 #dc4 ,cf4 von ,jhering1 ,das ,schuldmoment im rmischen ,privatrecht1 p4 #aa4 ,among some peoples who accept compensation even for wilful murder1 the blood-price is lower if life is taken unintentionally4#cc ,footnote #cc3 ,beverley1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #bae 7,wagogo74 ,dareste1 ,nouvelles tudes d'histoire du droit1 p4 #bcg 7,swanetians of the ,caucasus74 ,according to ,bowdich1 a person accidentally killing another in ,ahanta1 pays #e oz4 of gold to the family1 and defrays the burial customs4 ,in the case of murder1 it is #bj oz4 of gold and a slave2 or1 he and his family become the slaves of the family of the deceased4#cd ,ancient ,irish law imposed an ,eric fine for accidental or unintentional homicide1 to be paid to the relatives of the dead man1 whilst a double fine was due for homicide where anger was shown1 i4e41 where probably there was what we should call malice4#ce ,footnote #cd3 ,bowdich1 ,mission from ,cape ,castle to ,ashantee1 p4 #beh1 n4 double dagger4 ,footnote #ce3 ,cherry1 ,growth of ,criminal ,law in ,ancient ,communities1 p4 #bb4 ,in the punishments inflicted by many savages1 a similar distinction is made between intentional and accidental harm1 although1 at the same time1 some degree of guilt is frequently imputed to persons who1 in our opinion1 are perfectly innocent4 ,speaking of the ,west ,australian aborigines1 ,sir ,g4 ,grey observes3--,if a native is slain by another wilfully1 they kill the murderer1 or any of his friends they can lay hands on4 ,if a native kills another accidentally1 he is punished according to the circumstances of the case4 ,and the punishment may be severe enough4 ,for instance1 if1 in inflicting spear wounds as a punishment for some offence1 one of the agents should spear the culprit through the thigh1 and accidentally so injure the #bbb femoral artery that he dies1 the man who did so would have to submit to be speared through both thighs himself4#cf ,in ,new ,guinea1 according to ,dr4 ,chalmers1 murder is punished capitally1 whereas a death caused by accident is expiated by a fine4#cg ,among the ,mpongwe1 except in the case of a chief or a very rich man1 little or no difference is made between wilful murder1 justifiable homicide1 and accidental manslaughter4#ch ,kafir law seems to demand no compensation for what is clearly proved to have been a strictly accidental injury to property1 but the case is different in regard to accidental injuries to persons1 if the injury be of a serious nature4 ,thus it seems to make little or no distinction between wilful murder and any other kind of homicide2 unless it be1 perhaps1 that in purely accidental homicide the full amount of the fine may not be so rigidly insisted upon4#ci ,among the ,a-lur1 in the case of accidental injuries1 a compensation is paid to the injured party and a fine to the chief4 ,whilst the strict punishment for murder is death1 the culprit is allowed to redeem himself if it cannot be proved that he committed the deed wilfully4#dj ,the ,masai regard accidental homicide1 or injury1 as the will of ,n'gai1 the ,unknown1 and the elders arrange what compensation shall be paid to the injured person 7if a male7 or to the nearest relative4 ,if a woman is killed by accident1 all the killer's property becomes the property of the nearest relative4#da ,the ,eastern ,central ,africans1 according to the ,rev4 ,d4 ,macdonald1 know the difference between an injury of accident and one of intention4#db ,and so do the natives of ,nossi-,b and ,mayotte1 near ,madagascar4#dc ,footnote #cf3 ,grey1 ,journals of ,expeditions of ,discovery in ,north-,west and ,western ,australia1 ii4 #bch sq4 ,footnote #cg3 ,chalmers1 ,pioneering in ,new ,guinea1 p4 #agi4 ,footnote #ch3 ,burton1 ,two ,trips to ,gorilla ,land1 i4 #aje4 ,footnote #ci3 ,maclean1 ,compendium of ,kafir ,laws and ,customs1 pp4 #aac1 #fg1 #fj4 ,footnote #dj3 ,stuhlmann1 ,mit ,emin ,pascha ins ,herz von ,afrika1 p4 #ebd4 ,footnote #da3 ,hinde1 ,the ,last of the ,masai1 p4 #ajh4 ,footnote #db3 ,macdonald1 ,africana1 i4 #aa4 ,footnote #dc3 ,walter1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #cic4 ,nay1 there are instances of uncivilised peoples who entirely excuse1 or do not punish1 a person for an injury which he has inflicted by mere accident1 even though they may compel him to pay damages for involuntary destruction of property4 ,we are told that the ,pennsylvania ,indians judge with calmness on all occasions1 and decide with precision1 or endeavour #bbc to do so1 between an accident and a wilful act2 the first1 they say1 they are all liable to commit1 and therefore it ought not to be noticed1 or punished2 the second being a wilful or premeditated act1 committed with a bad design1 ought on the contrary to receive due punishment1#dd ,among some of the ,marshall ,islanders unintentional wrongs are punished only if the injured party be a person of note1 for instance1 a chief1 or a member of a chief's family4#de ,among the ,papuans of the ,tami ,islands1 accidental injuries are not punished4 ,generally the culprit confesses his deed1 and makes an apology4 ,if he has caused the destruction of some valuable1 he has to repair the loss4#df ,among the ,wadshagga there is no punishment for an accidental hurt2 but if anybody's property has been damaged thereby1 a compensation amounting to one half of the damage may be required4#dg ,the ,hottentots do not nowadays punish accidents1 even in the case of homicide4#dh ,among the ,washambala a person is held responsible only for such injuries as he has inflicted intentionally or caused by carelessness4#di ,in some parts of ,west ,africa1 if a man1 woman1 or child1 not knowing what he or she does1 damages the property of another person1 native justice requires1 and contains in itself1 that if it can be proved the act was committed in ignorance that was not a culpable ignorance1 the doer cannot be punished according to the law4#ej ,footnote #dd3 ,buchanan1 ,north ,american ,indians1 p4 #afj sq4 ,footnote #de3 ,kohler1 in ,zeitschr4 f4 vergl4 ,rechtswiss4 xiv4 #ddh4 ,footnote #df3 ,bamler1 quoted by ,kohler1 ibid4 xiv4 #cha4 ,footnote #dg3 ,merker1 quoted by ,kohler1 ibid4 xv4 #fd4 ,footnote #dh3 ,kohler1 ibid4 xv4 #cec4 ,footnote #di3 ,lang1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #bfa4 ,footnote #ej3 ,miss ,kingsley1 in her ,introduction to ,dennett's ,notes on the ,folklore of the ,fjort1 p4 xi4 ,these instances of occasional discrimination in savage justice are particularly interesting in the face of the fact that1 even among peoples who have attained a higher degree of culture1 innocent persons are often punished by law for bringing about events without any fault of theirs4 ,it is a principle of the ,chinese law that all persons who kill or wound others purely by accident1 shall be permitted to redeem themselves from the punishment of killing or wounding in an affray1 by the payment in each case of a fine to the family of the person deceased or wounded4#ea ,but there are exceptions to this rule4 ,any #bbd person who kills his father1 mother1 paternal grandfather or grandmother1 and any wife who kills her husband's father1 mother1 paternal grandfather or grandmother1 purely by accident1 shall still be punished with #ajj blows and perpetual banishment to the distance of #c1jjj lee4 ,in the case of wounding purely by accident1 the persons convicted thereof shall be punished with #ajj blows and three years' banishment3 in these cases1 moreover1 the parties shall not be permitted to redeem themselves from punishment by the payment of a fine1 as usual in the ordinary cases of accident4#eb ,again1 slaves who accidentally kill their masters1 shall suffer death1 by being strangled at the usual period4#ec ,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 inadvertently4#ed ,footnote #ea3 ,ta ,tsing ,leu ,lee1 sec4 ccxcii4 p4 #cad4 ,footnote #eb3 ,ibid4 sec4 cccxix4 p4 #cdg4 ,cf4 ibid4 sec4 ccxcii4 p4 #cad4 ,footnote #ec3 ,ibid4 sec4 cccxiv4 p4 #cch4 ,footnote #ed3 ,ibid4 sec4 xvi4 p4 #ah4 ,it is said in the ,laws of ,hvammurabi3--,if a man has struck a man in a quarrel1 and has caused him a wound1 that man shall swear ',i did not strike him knowing' and shall answer for the doctor4 ,if he has died of his blows1 he shall swear1 and if he be of gentle birth he shall pay half a mina of silver4 ,if he be the son of a poor man1 he shall pay one-third of a mina of silver4#ee ,footnote #ee3 ,laws of ,hvammurabi1 #bjf sqq4 ,it has been observed that the purpose of the ,hebrew law of sanctuary was not merely to protect the involuntary manslayer from blood-revenge1 but at the same time to punish him and compel him to expiate the blood he has shed4#ef ,if he left the city of refuge before the death of the high-priest1 the avenger of blood might kill him without incurring blood-guiltiness2 and he was not permitted to purchase an earlier return to his possession with a money ransom4#eg ,footnote #ef3 ,goitein1 ,das ,vergeltungsprincip im biblischen und talmudischen ,strafrecht1 p4 #be sq4 ,keil1 ,manual of ,biblical ,archology1 ii4 #cga4 ,footnote #eg3 ,numbers1 xxxv4 #bf sqq4 ,according to the ,laws of ,manu1 he who damages the #bbe goods of another1 be it intentionally or unintentionally1 shall give satisfaction to the owner and pay to the king a fine equal to the damage2#eh and various rites of expiation are prescribed for a person who kills a ,brhmana by accident1#ei whereas the intentional slaying of a ,brhmana is inexpiable4#fj ,footnote #eh3 ,laws of ,manu1 viii4 #bhh4 ,footnote #ei3 ,ibid4 xi4 #gc sqq4 ,footnote #fj3 ,ibid4 xi4 #ij4 ,gautama1 xxi4 #g4 ,according to some authorities1 however1 the wilful slaying of a ,brhmana was expiable by a penance of greater severity 7,bhler's note1 in his translation of the ',laws of ,manu1' ,sacred ,books of the ,east1 xxv4 #ddi74 ,demosthenes praises the ,athenian law for making the penalty of unintentional homicide less than that of intentional4 ,the punishment for murder was death1 from which1 however1 before the sentence was passed1 the murderer was at liberty to escape by withdrawing from his country and remaining in perpetual exile4 ,but he who was convicted of involuntary homicide had to leave the country only for some shorter time1 until he had appeased the relatives of the deceased4#fa ,as will be seen subsequently1 the real object of this law was not so much to punish the involuntary manslayer1 as to save him from being persecuted by the dead man's ghost1 and to rid the community of a pollution4 ,however1 the ,athenian law does not represent the ideas of early times4 ,as ,dr4 ,farnell observes1 the constitution and the legend about the foundation of the court at the ,palladium1 which was established to try cases of unintentional blood-shedding1 shows that the ancient practice was susceptible of improvement4#fb ,nor does the ,roman law1 which1 in its developed shape1 with such a remarkable consistency carried out the ,cornelian principle1 in maleficiis voluntas spectatur non exitus1#fc seem to have been equally discriminate in early times4#fd ,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 blood4#fe ,footnote #fa3 ,demosthenes1 ,contra ,aristocratem1 #ga sq4 p4 #fdc sq4 ,footnote #fb3 ,aristotle1 ,de republica ,atheniensium1 #eg4 ,farnell1 ,cults of the ,greek ,states1 i4 #cjd4 ,footnote #fc3 ,digesta1 xlviii4 #h4 #ad4 ,footnote #fd3 von ,jhering1 ,das ,schuldmoment im rmischen ,privatrecht1 p4 #af4 ,mommsen1 ,rmisches ,strafrecht1 p4 #he4 ,footnote #fe3 ,mommsen1 op4 cit4 p4 #he4 #bbf ,the principle of ancient ,teutonic law was1 ,qui inscienter peccat1 scienter emendet--a maxim laid down by the compiler of the so-called ',laws of ,henry ,i41'#ff no doubt translating an old ,english proverb4#fg ,in historic times1 the law1 distinguishing between vili and vadhi1 treats intentional homicide as worse than unintentional4 ,in one case there can1 in the other there can not1 be a legitimate feud2 and whilst wilful manslaughter can be expiated only by wte1 as well as wer1 the involuntary manslayer has to pay wer to the family of the dead1 but no wte to the authorities4#fh ,yet the wer to be paid was not merely compensation for the loss sustained1 as ,wilda1 misled by his enthusiasm for ,teutonic law1 has erroneously assumed2#fi it was punishment as well4#gj ,and the character of criminality attached to accidental homicide survived the system of wer4 ,when homicide became a capital offence1 homicide by misadventure was included in the law4 ,however1 the involuntary manslayer was not executed1 but recommended to the mercy of the prince4 ,this was the case in ,england in the later ,middle ,ages1#ga and in ,france still more recently4#gb ,and when the ,english law was altered1 and the involuntary offender no longer was in need of mercy1 he nevertheless continued to be treated as a criminal4 ,he was punished with forfeiture of his goods4 ,according to the rigour of the law such a forfeiture might have been exacted even in the year #ahbh1 when the law was finally abolished after having fallen into desuetude in the course of the previous century4#gc ,footnote #ff3 ,leges ,henrici ,i4 xc4 #aa4 ,footnote #fg3 ,pollock and ,maitland1 ,history of the ,english ,law before the ,time of ,edward ,i4 i4 #ed4 ,footnote #fh3 ,wilda1 op4 cit4 p4 #ede sqq41 #eid4 ,idem1 ,deutsche ,rechtsgeschichte1 i4 #afe4 ,pollock and ,maitland1 op4 cit4 ii4 #dga4 ,footnote #fi3 ,wilda1 op4 cit4 p4 #egh4 ,footnote #gj3 ,geyer1 ,die ,lehre von der ,nothwehr1 p4 #hg sq4 ,trummer ,vortrge ber ,tortur1 c4 i4 #cde4 ,brunner1 ,forschungen1 p4 #eje sq4 ,footnote #ga3 ,bracton1 ,de ,legibus et ,consuetudinibus ,angli1 fol4 #acd1 vol4 ii4 #chb sq42 fol4 #ajd b1 vol4 ii1 #aeb sq4 ,brunner1 ,forschungen1 p4 #did sqq4 ,biener1 ,das englische ,geschwornengericht1 i4 #abj1 #cib4 ,pollock and ,maitland1 op4 cit4 ii4 #dgi4 ,footnote #gb3 ,beaumanoir1 ,les coutumes du ,beauvoisis1 #fi1 vol4 ii4 #dhc4 ,esmein1 ,histoire de la procdure criminelle en ,france1 p4 #bee4 ,footnote #gc3 ,stephen1 ,history of the ,criminal ,law of ,england1 iii4 #gg4 ,if men at the earlier stages of civilisation generally #bbg attach undue importance to the outward aspect of conduct1 the same is still more the case with their gods4 ,the ,tshi-speaking peoples of the ,gold ,coast believe that the god ,sasabonsum takes delight in destroying all those who have offended him1 even though the offence may have been accidental and unintentional2 whereas1 among the same people1 it is the custom that even deaths resulting from accidents1 not to speak of minor injuries1 are compensated for by a sum of money4#gd ,miss ,kingsley says she is unable1 from her own experience1 to agree with ,mr4 ,dennett's statement with reference to the ,fjort1 that ignorance would save the man who had eaten prohibited food4 ,from what she knows1 ,merolla's story is correct3 the man1 though he eat in ignorance1 dies or suffers severely4 ,it is true1 she adds1 that one of the doctrines of ,african human law is that the person who offends in ignorance1 that is not a culpable ignorance1 cannot be punished2 but this merciful dictum ,i have never found in spirit law4 ,therein if you offend1 you suffer2 unless you can appease the enraged spirit1 neither ignorance nor intoxication is a feasible plea in extenuation4#ge ,the ,omahas believe that to eat of the totem1 even in ignorance1 would cause sickness1 not only to the eater1 but also to his wife and children4#gf ,footnote #gd3 ,ellis1 ,tshi-speaking ,peoples of the ,gold ,coast1 pp4 #ce1 #cja4 ,footnote #ge3 ,miss ,kingsley1 in her ,introduction to ,dennett's ,folklore of the ,fjort1 p4 xxviii4 ,footnote #gf3 ,frazer1 ,totemism1 p4 #af4 ,speaking of the sacred animals of the ancient ,egyptians1 ,herodotus says1 ,should any one kill one of these beasts1 if wilfully1 death is the punishment2 if by accident1 he pays such fine as the priests choose to impose4 ,but whoever kills an ibis or a hawk1 whether wilfully or by accident1 must necessarily be put to death4#gg ,according to the ,chinese penal code1 whoever destroys or damages1 whether intentionally or inadvertently1 the altars1 mounds1 or terraces consecrated to the sacred and imperial rites1 shall suffer #ajj blows1 and be perpetually banished to distance #bbh of #bjjj lee4#gh ,in these cases the punishment inflicted by human hands is obviously a reflection of the supposed anger of superhuman beings4 ,footnote #gg3 ,herodotus1 ii4 #fe4 ,cf4 ,pomponius ,mela1 #i4 ,footnote #gh3 ,ta ,tsing ,leu ,lee1 sec4 clviii4 p4 #agb4 ,the ,shintoist prays for forgiveness of errors which he has committed unknowingly4#gi ,according to the ,vedic hymns1 whoever with or without intention offends against the eternal ordinances of ,varuna1 the ,all-knowing and ,sinless1 arouses his anger1 and is bound with the bonds of the god--with calamity1 sickness1 and death4#hj ,forgiveness is besought of ,varuna for sins that have been committed in unconsciousness2#ha even sleep occasions sin4#hb ,the singer ,vasishtha is filled with pious grief1 because daily against his will and without knowledge he offends the god and in ignorance violates his decree4#hc ,all sages1 say the ,laws of ,manu1 prescribe a penance for a sin unintentionally committed2 such a sin is expiated by the recitation of ,vedic texts1 but that which men in their folly commit intentionally1 by various special penances4#hd ,among the present ,hindus1 even in cases of accidental drinking of spirits through ignorance on the part of any of the three twice-born classes1 nothing short of a repetition of the initial sacramentary rites1 effecting a complete regeneration1 is held sufficient to purge the sin4#he ,footnote #gi3 ,selenka1 ,sonnige ,welten1 p4 #baj sq4 ,footnote #hj3 ,cf4 ,kaegi1 ,rigveda1 p4 #ff sq42 ,oldenberg1 ,die ,religion des ,veda1 p4 #bhi4 ,footnote #ha3 ,rig-,veda1 v4 #he4 #h4 ,footnote #hb3 ,ibid4 vii4 #hf4 #f2 x4 #afd4 #c4 ,footnote #hc3 ,ibid4 vii4 #hh4 #f4 ,cf4 ,kaegi1 op4 cit4 p4 #fh4 ,footnote #hd3 ,laws of ,manu1 xi4 #de sq4 ,cf4 ,vasishtha1 #bj4 ,footnote #he3 ,rjendralla ,mitra1 ,indo-,aryans1 i4 #cic4 ,in the ,greek literature there are several instances of guilt being attached to the accidental transgression of some sacred law1 the transgressor being perfectly unaware of the nature of his deed4 ,oedipus is the most famous example of this4 ,actaeon is punished for having seen ,diana4 ,pausanias1 the ,spartan king1 made sacrifice to ,zeus ,phyxius1 to atone for the death of the maiden whom he had slain by misfortune4#hf ,footnote #hf3 ,farnell1 op4 cit4 i4 #gb4 ,the ,babylonian psalmist1 assuming that one of the #bbi gods is angry with him because he is suffering pain1 exclaims3--,the sin which ,i committed ,i know not4 ,the transgression ,i committed ,i know not4 ,the affliction which was my food--,i know it not4 ,the evil which trampled me down--,i know it not4 ,the lord in the wrath of his heart has regarded me2 the god in the fierceness of his heart has punished me4#hg ,in another psalm it is said3--,he knows not his sin against the god1 he knows not his transgression against the god and the goddess4 ,yet the god has smitten1 the goddess has departed from him4#hh ,footnote #hg3 ,zimmern1 ,babylonische ,busspsalmen1 p4 #fc4 ,footnote #hh3 ,sayce1 ,hibbert ,lectures on the ,religion of the ,ancient ,babylonians1 p4 #eje4 ,cf4 ,mrdter-,delitzsch1 ,geschichte ,babyloniens und ,assyriens1 p4 #ch4 ,so1 also1 the ,hebrew psalmist cries out1 ,who can understand his errors8 cleanse thou me from secret faults4#hi ,unintentional error1 as ,mr4 ,montefiore observes1 would be as liable to incur divine punishment as the most voluntary crime1 if it infringed the tolerably wide province in which the right or sanctity of ,yahveh was involved4#ij ,whilst a deliberate moral iniquity was punished under the penal law1 a sin committed through ignorance1 in the holy things of the ,lord1 required a sin- or trespass-offering for its expiation4#ia ,speaking of the developed sacrificial system of the ,jews1 ,professor ,moore remarks1 ,the general rule in the ,mishna is that any transgression the penalty of which1 if wilful1 would be that the offender be cut off1 requires1 if committed in ignorance or through inadvertence1 a h4at4t4ath or sin-offering2 the catalogue of these transgressions ranges from incest and idolatry to eating the 7internal7 fat of animals and imitating the composition of the sacred incense1 but does not include the commonest offences against morals4#ib ,the ,rabbis also maintained that a false oath1 even if made unconsciously1 involves man in sin1 and is punished as such4#ic #bcj ,we meet with a similar opinion in medival ,christianity4 ,the principle laid down by ,st4 ,augustine1#id and adopted by ,canon ,law1#ie that ream linguam non facit1 nisi mens rea1 was not always acted upon4 ,various penitentials condemned to penance a person who1 in giving evidence1 swore to the best of his belief1 in case his statement afterwards proved untrue4#if ,in other cases1 also1 the ,church prescribed penances for mere misfortunes4 ,if a person killed another by pure accident1 he had to do penance--in ordinary cases1 according to most ,english penitentials1 for one year1#ig according to various continental penitentials1 for five#ih or seven#ii years2 whereas1 according to the ,penitential of ,pseudo-,theodore1 he who accidentally killed his father or mother was to atone his deed with a penance of fifteen years1#ajj and he who accidentally killed his son with a penance of twelve4#aja ,the ,scotists even expressly declared that the external deed has a moral value of its own1 which increases the goodness or badness of the agent's intention2 and though this doctrine was opposed by ,thomas ,aquinas1 ,bonaventura1 ,suarez1 and other leading theologians1 it was nevertheless admitted by them that1 according to the will of ,god1 certain external deeds entail a certain accidental reward1 the so-called aureola4#ajb ,in some cases the secular law1 also1 punishes misadventure on religious grounds4 ,thus the ,salic law treated with great severity any person who accidentally put fire to a church1 although it imposed no penalty on other cases of #bca unintentional incendiary2#ajc and even to this day the ,russian criminal law prescribes penitence for homicide by misadventure1 in order to quiet the conscience of the culprit4#ajd ,according to the ,koran1 he who kills a believer by mistake shall expiate his deed1 not only by paying blood-money to the family of the dead 7unless they remit it71 but by setting free a believing slave2 and as to him who cannot find the means1 let him fast for two consecutive months--a penance this from ,god4#aje ,footnote #hi3 ,psalms1 xix4 #ab4 ,footnote #ij3 ,montefiore1 ,hibbert ,lectures on the ,religion of the ,ancient ,hebrews1 p4 #ajc4 ,cf4 ibid4 p4 #eae sq4 ,footnote #ia3 ,leviticus1 iv4 #bb sqq42 v4 #ae sqq4 ,numbers1 xv4 #bd sqq4 ,footnote #ib3 ,moore1 ',sacrifice1' in ,cheyne and ,black1 ,encyclopdia ,biblica1 iv4 #dbje4 ,footnote #ic3 ,montefiore1 op4 cit4 p4 #eeh4 ,footnote #id3 ,st4 ,augustine1 ,sermones1 clxxx4 #b 7,migne1 ,patrologi cursus1 xxxviii4 #igc74 ,footnote #ie3 ,gratian1 ,decretum1 ii4 #bb4 #b4 #c4 ,footnote #if3 ,poenitentiale ,bed1 v4 #c 7,wasserschleben1 ,bussordnungen der abendlndischen ,kirche1 p4 #bbf74 ,poenit4 ,egberti1 vi4 #c 7ibid4 p4 #bch74 ,poenit4 ,pseudo-,theodori1 xxiv4 #e 7ibid4 p4 #eic74 ,footnote #ig3 ,poenit4 ,theodori1 i4 #d4 #g 7ibid4 p4 #ahh74 ,poenit4 ,bed1 iv4 #e 7ibid4 p4 #bbe74 ,poenit4 ,egberti1 iv4 #aa 7ibid4 p4 #bce74 ,according to ,poenit4 ,pseudo-,theodori1 xxi4 #b 7ibid4 p4 #ehf71 the penance was to last for five years4 ,footnote #ih3 ,poenit4 ,hubertense1 #b 7ibid4 p4 #cgg74 ,poenit4 ,merseburgense1 #b 7ibid4 p4 #cia74 ,poenit4 ,bobiense1 #d 7ibid4 p4 #djh74 ,poenit4 ,vindobonense1 #b 7ibid4 p4 #dah74 ,poenit4 ,cummeani1 vi4 #b 7ibid4 p4 #dgh74 ,poenit4 ,,xxxv4 ,capitulornm1 #a 7ibid4 p4 #ejf74 ,poenit4 ,vigilanum1 #bg 7ibid4 p4 #ebi74 ,footnote #ii3 ,poenit4 ,parisiense1 #a 7ibid4 p4 #dab74 ,poenit4 ,floriacense1 #b 7ibid4 p4 #dbd74 ,footnote #ajj3 ,poenit4 ,pseudo-,theodori1 xxi4 #ah 7ibid4 p4 #ehh74 ,footnote #aja3 ,poenit4 ,pseudo-,theodori1 xxi4 #ai 7ibid4 #ehh74 ,footnote #ajb3 ,gpfert1 ,moraltheologie1 i4 #ahe4 ,footnote #ajc3 ,lex ,salica 7,harold's text71 #ga4 ,brunner1 ,forschungen1 p4 #ejg1 n4 #a4 ,footnote #ajd3 ,foinitzki1 in ,le droit criminel des tats europens1 edited by von ,liszt1 p4 #eca4 ,footnote #aje3 ,koran1 iv4 #id4 ,how shall we explain all these facts8 ,do they faithfully represent ideas of moral responsibility8 ,do they indicate that1 at the earlier stages of civilisation1 the outward event as such1 irrespectively of the will of the agent1 is an object of moral blame8 ,most of the statements which imply a perfect absence of discrimination between accident and intention1 refer to the system of private redress4 ,under this system a personal injury is regarded as a matter which the injured party or his kin have to settle for themselves4 ,it certainly does not allow them to treat the offender just as they please2 as we have seen1 it is more or less regulated by custom4 ,but at the same time it makes considerable allowance for the personal feelings of the sufferer1 and these feelings are apt to be neither impartial nor sufficiently discriminate4 ,whether1 in a savage community1 public opinion prescribes1 or merely permits1 revenge in cases of accidental injury1 is a question which the ordinary observations of travellers leave unanswered4 ,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 manslayer4 ,moreover1 in many cases where the system of revenge has been succeeded by punishment1 the injured party may still have a voice in the matter4 ,in ,abyssinia1 for instance1 a life for a life is the sentence passed upon the murderer2 but1 obtaining #bcb the consent of the relatives of the deceased1 he is authorised by law to purchase his pardon4#ajf ,according to ancient ,swedish law1 an injury could not be treated as accidental unless the injured party acknowledged it as such4#ajg ,in ,england1 even in the days of ,henry ,,iii41 the king could not protect the manslayer from the suit of the dead man's kin1 although he had granted him pardon on the score of misadventure4#ajh ,indeed1 so recently as #agda1 a royal order was made for a hanging in chains on the petition of the relations of the deceased4#aji ,and to this day ,english criminal courts1 when dealing with some slight offence1 mitigate the punishment because the prosecutor does not press the case1 or even give him leave to settle the matter and withdraw the prosecution4#aaj ,footnote #ajf3 ,harris1 ,highlands of thiopia1 ii1 p4 #id4 ,footnote #ajg3 von ,amira1 ,nordgermanische ,obligationenrecht1 i4 #chb4 ,footnote #ajh3 ,three ,early ,assize ,rolls for the ,county of ,northumberland1 sc4 ,,xiii1 p4 #ih4 ,footnote #aji3 ,amos1 ,ruins of ,time1 p4 #bc4 ,footnote #aaj3 ,kenny1 ,outlines of ,criminal ,law1 p4 #bc4 ,in the case of accidental homicide1 deference may also have to be shown for the supposed feelings of the dead man's ghost1 which1 angry and bloodless1 is craving for revenge and thirsting for blood4 ,to leave its desires ungratified would be both dangerous and unmerciful4 ,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 pardoned1 other blood is to be shed instead of his4 ,among the ,yao and ,wayisa1 near ,lake ,nyassa1 it is the custom by way of propitiation to give up a slave or some relative of the criminal's1 to 'go along with the one who was slain1' and this seems to be invariably done when one is killed by accident1 in which case the slayer may escape1 the deputy taking as it were his place4#aaa ,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 manslayer4 ,footnote #aaa3 ,macdonald1 in ,jour4 ,anthr4 ,inst4 xii4 #ajh4 ,but the dead man's ghost not only persecutes his own family if 9999neglectful of their duty1 it also attacks the manslayer #bcc and cleaves to him like a miasma4 ,the manslayer is consequently regarded as unclean1 and has1 both for his own sake and for the sake of the community in which he lives1 to undergo some ceremony of purification in order to rid himself of the dangerous and infectious pollution4 ,this notion will be illustrated in a following chapter4 ,in the present connection ,i merely desire to point out that the pollution is there1 whether the shedding of blood was intentional or accidental4 ,and1 as will be shown1 though this state of uncleanness does not intrinsically involve guilt1 it easily becomes a cause of moral disapproval1 whilst the ceremony of purification is apt to be looked upon in the light of punishment4 ,we shall also find that the notion of a persecuting ghost may be replaced by the notion of an avenging god1 it being a fact of common occurrence that the doings or functions of one mysterious being are transferred to another4 ,we shall1 finally1 see that the infection of uncleanness is shunned by gods even more than it is shunned by men2 and this largely helps to explain the attitude of religion towards unintentional and unforeseen shedding of human blood4 ,there are other1 more general reasons for the want of discrimination often displayed by religion in regard to the accidental transgression of a religious law4 ,when a thing is taboo in the strict sense of the word1 it is supposed to be charged with mysterious energy which will injure or destroy the person who eats or touches the forbidden thing1 whether he does so wilfully or by mistake4 ,as ,professor ,jevons correctly observes1 the action of taboo is always mechanical2 contact with the tabooed object communicates the taboo infection as certainly as contact with water communicates moisture4 4 4 4 ,the intentions of the taboo-breaker have no effect upon the action of the taboo2 he may touch in ignorance1 or for the benefit of the person he touches1 but he is tabooed as surely as if his motive were irreverent or his action hostile4#aab ,so1 also1 according to primitive notions1 the effect of a curse or an #bcd oath is purely mechanical2 hence a person who swears falsely in ignorance exposes himself to no less danger than a person who perjures himself knowingly4 ,as regards religious offences in the strictest sense of the term--that is1 offences against some god which are supposed to arouse his resentment--it should be remembered that1 just as a man who is hurt is unable to judge on the matter as coolly as does the community at large1 so a god whose ordinances are transgressed is thought to be less discriminating in his anger than a disinterested human judge1 and1 consequently1 more apt to be influenced by the external event4 ,and where nearly every calamity is regarded as a divine punishment1 a person who is suffering without knowing what sin he has committed1 naturally infers that a god is punishing him for some secret fault4 ,footnote #aab3 ,jevons1 ,introduction to the ,history of ,religion1 p4 #ia4 ,thus it may be that1 in the point which we are discussing1 as in various other respects1 the religious beliefs of a people do not faithfully represent their general notions of moral responsibility4 ,it is profoundly wrong to assume1 from the legend of ,oedipus and other similar cases1 that the ancient ,greeks1 in general1 held a person equally responsible for an accident which occurs to him1 and for an act of which the agent is aware4 ,even the transgression of a sacred law1 when committed in ignorance1 seems to have excited pitiful horror rather than moral indignation4 ,oedipus had killed his father in self-defence1 and married his mother1 perfectly ignorant of his relation to them4 ,the gods punished the ,thebans with pestilence for harbouring such a wretch on their soil4 ,but when time that sees all1 found him out in his unwitting sin1 it was not blame1 but terror and deep compassion for the unhappy man that1 according to the tragedian1#aac spoke from the lips of the people4 ,moreover1 in the latter tragedy ,oedipus persistently vindicates his innocence3--,whatever ,i have done was done unwittingly--,before the law ,i have no guilt4 ,and1 addressing himself to ,creon1 who has accused him of parricide and incest1 he #bce exclaims3--,o shameless soul1 where1 thinkest thou1 falls this thy taunt1--on my age1 or on thine own8 ,bloodshed--incest --misery--all this thy lips have launched against me1--all this that ,i have borne1 woe is me6 by no choice of mine3 for such was the pleasure of the gods1 wroth1 haply1 with the race from of old4 4 4 ,tell me1 now1 --if1 by voice of oracle1 some divine doom was coming on my sire1 that he should die by a son's hand1 how couldst thou justly reproach me therewith1 who was then unborn1 whom no sire had yet begotten1 no mother's womb conceived8 ,and if1 when born to woe--as ,i was born--,i met my sire in strife1 and slew him1 all ignorant what ,i was doing1 and to whom1--how couldst thou justly blame the unknowing deed8#aad ,never was a more pathetic appeal made to the court of ,justice from the indiscriminate verdict of angry gods4 ,footnote #aac3 ,sophocles1 ,,oedipus ,tyrannus4 ,footnote #aad3 ,idem1 ,,oedipus ,coloneus1 #ifj sqq4 7,jebb's translation1 p4 #aee74 ,whilst the grossest want of discrimination may thus be explained from revengeful feelings and superstitious beliefs1 there still remain a multitude of cases which must be regarded as genuine expressions of moral indignation4 ,as to these1 it should1 first1 be remembered that even the reflecting moral consciousness may hold a person blamable for the unintentional and unforeseen infliction of an injury1 namely1 in cases where it assumes want of proper foresight4 ,now1 as we know1 it is often difficult enough to discern whether1 or to what extent1 an unintended injury is due to carelessness on the part of the agent2 sometimes even it is no easy thing to tell whether an injury was intended or not4 ,it is not to be expected1 then1 that distinctions of so subtle a nature should be properly made by the uncultured mind1 and least of all is it to be expected that such distinctions should be embodied in early custom and law1 which are based on average cases and allow of no minute individualisation4 ,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 absence1 from the lack of any proper distinctions between #bcf misadventure and carelessness1 and from the fact that the so-called misadventures of early times covered many a blameworthy act4#aae ,and all this holds good not merely of the ancient ,teutons4 ,it may further be said that the more defective the power of discrimination1 the greater is the tendency to presume guilt4 ,in ,morocco a man who runs away after killing another is presumed to have committed the deed intentionally1 however innocent he really may be4 ,among the ,teutons the presumption was always against the manslayer2 he had to proclaim what he had done1 and to prove that the deed was not intended#aaf--unless1 indeed1 the misadventure belonged to a certain type of injuries which by their very nature entailed no guilt4 ,for instance1 if a man carried a spear level on his shoulder and another ran upon the point1 he was free from blame2 whereas1 if harm ensued by pure accident from a distinct act1 the agent was liable4#aag ,as von ,amira remarks1 the ,swedish notion of vadhavrk was not a merely negative conception1 but implied that there was danger connected with the act4#aah ,footnote #aae3 ,pollock and ,maitland1 op4 cit4 i4 #ee2 ii4 #dge1 #dhc4 von ,amira1 ,nordgermanisches ,obligationenrecht1 i4 #cgg sq4 ,footnote #aaf3 ,wilda1 op4 cit4 i4 #cde4 ,brunner1 ,forschungen1 p4 #ejj sq4 ,pollock and ,maitland1 op4 cit4 ii4 #dga4 ,footnote #aag3 ,wilda1 op4 cit4 p4 #ehd4 ,trummer1 op4 cit4 i4 #dbg4 ,brunner1 ,forschungen1 p4 #dii sq4 von ,amira1 ',recht1' in ,paul's ,grundriss der germanischen ,philologie1 ii4 pt4 ii4 #agb4 ,pollock and ,maitland1 op4 cit4 i4 #ec sq4 ,footnote #aah3 von ,amira1 ,nordgermanisches ,obligationenrecht1 i4 #cgg4 ,where the distinction between guilt and innocence is difficult to draw1 it may be wise policy to presume guilt4 ,according to ,sir ,r4 ,burton1 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 careful2#aai and a similar idea may lie at the bottom of the ,dahoman law which punishes capitally any person whose house takes fire1 even if it happens accidentally4#abj ,but the presumption of guilt is not only1 nor in the first place1 owing to considerations of social utility1 combined with a reckless indifference to undeserved suffering4 #bcg ,the unreflecting mind is shocked by the harm done1 and cares little for the rest4 ,it does not press the question whether the harm was caused by the agent's will or not4 ,it does not make any serious attempt to separate the external event from the will1 and it is inclined to assume that there is a coincidence between the two4 ,this is not altogether bad psychology since1 as a rule1 men will what they do4 ,le fait juge l'homme1 says an old ,french proverb2 and in morals1 also1 the tree is known by the fruit4 ,however1 there are cases of injuries in which not even uncivilised men can fail to discover1 at once1 the absence of any evil intention4 ,this certainly does not mean that the injurer escapes all censure4 ,every feeling of pain1 sympathetic pain included1 which is caused by a living being1 has a certain tendency to give rise to an aggressive impulse towards its cause2 hence savages1 even though they distinguish between intentional and unintentional harm1 are inclined to impute some degree of guilt to any person who involuntarily commits a forbidden deed1 though he be in reality quite innocent4 ,but the reason for this is only want of due reflection4 ,if it is clearly understood that a certain event is the result of merely external circumstances1 that it was neither intended by the agent nor could have been foreseen by him1 in other words1 that it in no way was caused by his will--then there could be no moral indignation at all4 ,it would be simply absurd to suppose that an outward event as such1 assumed to be absolutely unconnected with any defect of will1 could ever give rise to moral blame4 ,such an event could not even call forth a feeling of revenge4 ,sudden anger itself cools down when it appears that the cause of the inflicted pain was a mere accident4 ,even a dog1 as has been observed1 distinguishes between being stumbled over and being kicked4 ,footnote #aai3 ,burton1 ,two ,trips to ,gorilla ,land1 i4 #aje4 ,footnote #abj3 ,ellis1 ,e7we-speaking ,peoples of the ,slave ,coast1 p4 #bbd4 ,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 valuation1 #bch becomes perfectly obvious when we consider what a great influence the outward event exercises upon moral estimates even among ourselves4 ,the world judges by the event1 and not by the design1 says ,adam ,smith4 ,everybody agrees to the general maxim1 that as the event does not depend on the agent1 it ought to have no influence upon our sentiments1 with regard to the merit or propriety of his conduct4 ,but when we come to particulars1 we find that our sentiments are scarce in any one instance exactly conformable to what this equitable maxim would direct4#aba ,even in the criminal laws of civilised nations chance still plays a prominent part4 ,according to the present law of ,england1 though a person is not criminally liable for the involuntary and unforeseen consequences of acts which are themselves permissible1 the case is different if he commits an act which is wrong and criminal1#abb or1 as it seems1 even if he commits an act which is wrong without being forbidden by law4#abc ,thus death caused unintentionally is regarded as murder1 if it takes place within a year and a day#abd as the result of an unlawful act which amounts to a felony4#abe ,for instance1 a person kills another accidentally by shooting at a domestic fowl with intent to steal it1 and he will probably be convicted of murder4#abf ,again1 a near-sighted man drives at a rapid rate1 sitting at the bottom of his cart1 and thereby causes the death of a foot-passenger2 he is guilty of manslaughter4#abg ,a man recklessly and wantonly throws a lighted match into a haystack1 careless whether it take fire or not1 and so burns down the stack2 his crime is arson4 ,but if he did not intend to throw the lighted match on the haystack1 he would probably not be guilty of any offence at all1 unless death was caused1 in which case he would be guilty of manslaughter4#abh ,even if the unintended death is to some #bci extent owing to the negligence of the injured party himself1 it may be laid to the charge of the injurer4 ,this at all events was the law in ,hale's time1 ,if a man1 he says1 receives a wound1 which is not in itself mortal1 but either for want of helpful applications1 or neglect thereof1 it turns to a gangrene1 or a fever1 and that gangrene or fever be the immediate cause of his death1 yet1 this is murder or manslaughter in him that gave the stroke or wound4#abi ,so far as ,i know1 the severity of the ,english law on unintentional homicide--which1 in fact1 is a survival of ancient ,teutonic law#acj--;is without a parallel in the ,european legislation of the present day4 ,both the ,french#aca and the ,german#acb laws are much less severe2 and so is the ,ottoman ,penal ,code1#acc and ,muhammedan law in general4#acd ,yet the unintended deadly consequence of a criminal act always affects the punishment more or less4 ,footnote #aba3 ,adam ,smith1 ,theory of ,moral ,sentiments1 p4 #aeb4 ,footnote #abb3 ,according to ,harris 7,principles of the ,criminal ,law1 p4 #aef71 the act should be a malum in se1 not merely a malum quia prohibitum4 ,footnote #abc3 ,kenny1 op4 cit4 p4 #da4 ,footnote #abd3 ,stephen1 ,history of the ,criminal ,law of ,england1 iii4 #h4 ,footnote #abe3 ,ibid4 iii4 #bb4 ,footnote #abf3 ,ibid4 iii4 #hc4 ,footnote #abg3 ,harris1 op4 cit4 p4 #aeg4 ,footnote #abh3 ,stephen1 op4 cit4 ii4 #aac4 ,footnote #abi3 ,hale1 ,history of the ,pleas of the ,crown1 i4 #dbh4 ,footnote #acj3 ,lex ,wisigothorum1 vi4 #e4 #f3 ,si dum quis calce1 vel pugno1 aut quacumque percussione injuriam conatur inferre1 homicidii extiterit occasio1 pro homicidio puniatur4 ,footnote #aca3 ,code ,pnal1 art4 #cji4 ,footnote #acb3 ,strafgesetzbuch1 art4 #bbf4 ,footnote #acc3 ,ottoman ,penal ,code1 art4 #agg4 ,cf4 ibid4 art4 #agd4 ,footnote #acd3 ,sachau1 op4 cit4 p4 #gfa sq4 ,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 kill4 ,sir ,james ,stephen1 nevertheless1 makes an attempt to defend1 from a moral point of view1 the severe ,english law on the subject1 which he thinks is much to be preferred to the law of ,france4 ,he asks1 ,is there anything to choose morally between the man who violently stabs another in the chest with the definite intention of killing him1 and a man who stabs another in the chest with no definite intention at all as to the victim's life or death1 but with a feeling of indifference whether he lives or dies8#ace ,perhaps not4 ,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 him1 and the man who1 firing at another's chickens1 with the intention of stealing them1 accidentally kills the owner whom #bdj he does not see4 ,it will perhaps be argued that the law has a utilitarian purpose1 its object being to make people more careful4 ,but if this were the case one would expect that the law should punish with equal severity acts which involve the same degree of danger1 and which result in similar injuries4 ,to fire at a sparrow may be as dangerous to people's lives as to fire at another person's chicken1 and1 in the latter case1 the danger is hardly increased by the intention to steal the chicken4 ,i take the truth to be this4 ,the degree of punishment corresponds to the degree of indignation aroused by the deed4 ,public imagination is shocked by the actual event4 ,the agent1 being guilty either of criminal intention1 or of gross disregard of other people's interests1 or of criminal heedlessness1 is a proper object of punishment4 ,owing to that want of discrimination which characterises the popular mind1 his guilt is exaggerated on account of the grave consequences of his act2 and the result is that he is punished not only for the fault of his will1 but for his bad luck as well4 ,sir ,james ,stephen seems to admit this1 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 inflicted1 from which he ought to be excused only on grounds capable of being understood by the commonest and most vulgar minds4#acf ,though thoroughly dissenting from the opinion that criminal law should try to gratify the feelings of the commonest and most vulgar minds1 ,i think that1 as a matter of fact1 it is not much above their standard of justice1 being in the main an expression of public sentiments4 ,footnote #ace3 ,stephen1 op4 cit4 iii4 #ia sq4 ,footnote #acf3 ,ibid4 iii4 #ia4 99 99 99 99 99 ,in the cases which we have hitherto considered the external event which a person brings about involuntarily1 either makes him liable to punishment though he really is free from guilt1 or increases his punishment beyond the limits of his guilt4 ,but the influence of chance also shows #bda itself in the opposite way4 ,a person who is guilty of carelessness generally escapes all punishment if no injurious result follows1 and an unsuccessful attempt to commit a criminal act1 if punished at all1 is1 as a rule1 punished much less severely than the accomplished act4 ,the ,hottentots nowadays punish attempt1 but only leniently4#acg ,the ,wadshagga punish it less severely than the accomplished act4#ach ,among some of the ,marshall ,islanders it is not punished at all4#aci ,the same holds good of the ,ossetes#adj and ,swanetians#ada of the ,caucasus1 as also of ancient ,russian law4#adb ,the ,teutons1 as a general rule1 had no punishment for him who tried to do harm1 but failed2 and if they did punish an unsuccessful attempt1 the penalty was out of proportion lenient4#adc ,this feature of ancient ,teutonic law has had a lasting effect upon ,european legislation1 largely through the influence it exercised upon the ,italian jurists of the ,middle ,ages1#add whose theories laid the foundation of modern laws and doctrines on attempt4 ,in conformity with the ,roman law1 they held attempts to commit crimes to be punishable1 and in atrocious cases they even admitted that the attempt might be subject to the same punishment as the accomplished crime4 ,but their general theory was that it should be punished less severely1 and that the penalty should be lenient in proportion as the actual deed was remote from the act intended4#ade ,these views were generally adopted by the later legislation4 ,among present ,european lawbooks1 the ,french ,code ,pnal#adf is almost the only one that punishes an attempt #bdb with the same severity as the finished crime4#adg ,and the ,french law on the subject is of modern origin2 before the year ,,iv4 the present rule was applied only to the conatus proximus in a few specified cases of a very heinous character4#adh ,footnote #acg3 ,kohler1 in ,zeitschr4 f4 vergl4 ,rechtswiss4 xv4 #cec4 ,footnote #ach3 ,merker1 quoted by ,kohler1 ibid4 xv4 #fc4 ,footnote #aci3 ,kohler1 ibid4 xiv4 #dah4 ,footnote #adj3 ,kovalewsky1 ,coutume contemporaine1 p4 #bif sq4 ,footnote #ada3 ,dareste1 ,nouvelles tudes d'histoire du droit1 p4 #bcg4 ,footnote #adb3 ,kovalewsky1 op4 cit4 pp4 #bia1 #bii4 ,footnote #adc3 ,wilda1 op4 cit4 p4 #eih sqq4 ,zachari1 ,die ,lehre vom ,versuche der ,verbrechen1 i4 #afd sqq42 ii4 #acj sq4 ,brunner1 ,deutsche ,rechtsgeschichte1 ii4 #eeh sqq4 ,pollock and ,maitland1 ii4 #dge1 #eji4 ,footnote #add3 ,seeger1 ,versuch der ,verbrechen in der ,wissenschaft des ,mittelalters1 p4 #h4 ,footnote #ade3 ,zachari1 op4 cit4 i4 #afi2 ii4 #ada4 von ,feuerbach-,mittermaier1 ,lehrbuch des ,peinlichen ,rechts1 p4 #gd4 ,footnote #adf3 ,code ,pnal1 art4 #b3 ,toute tentative de crime qui aura t manifeste par un commencement d'excution1 si elle n'a t suspendue ou si elle n'a manqu son effet que par des circonstances indpendantes de la volont de son auteur1 est considre comme le crime mme4 ,footnote #adg3 ,chauveau and ,hlie1 ,thorie du ,code ,pnal1 i4 #cdg sq4 ,footnote #adh3 ,ibid4 i4 #ccg sq4 ,besides the provision of the ,code ,pnal concerning attempt1 there are a few other exceptions1 of an earlier date1 to the general rule4 ,the ,romans seemed to have followed the principle dolus pro facto accipitur1#adi at least if the crime attempted was a serious one4#aej ,a somewhat similar line was adopted by ancient ,irish law4 ,the general impression produced by the rules in the commentary to the ,book of ,aicill is1 that the attempt to commit an injurious act was treated as equivalent to its commission1 unless the result was very insignificant4 ,thus1 if an attempt was made to slay1 or to inflict an injury which would endure for life1 and blood was shed1 the fine was the same as if the attempt had succeeded2 whereas1 if the injury did not amount to the shedding of blood1 the fine was reduced one-half4#aea ,and if a man went to kill one person and killed another by mistake1 a fine for the intention1 in addition to the fine due to the friends of the murdered man1 was due to him whose death was intended1 even though no injury was actually done to him4#aeb ,in ,england1 at the end of the ,middle ,ages1 the will was taken for the deed in cases of obvious attempts to murder2 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 ago4#aec ,footnote #adi3 ,digesta1 xlviii4 #h4 #g4 ,footnote #aej3 ,seeger1 ,versuch der ,verbrechen nach rmischcm ,recht1 pp4 #a1 #b1 #di4 ,idem1 ,versuch der ,verbrechen in der ,wissenschaft des ,mittelalters1 p4 #i4 ,mommsen1 ,rmisches ,strafrecht1 p4 #ig sq4 ,apuleius1 ,florida1 iv4 #bj3--;,in maleficiis etiam cogitata scelera non perfecta adhuc vindicantur1 cruenta mente1 pura manu4 ,ergo sicut ad poenam sufficit meditari punienda4 ,footnote #aea3 ,ancient ,laws of ,ireland1 iii4 pp4 cviii4 sq4 #aci4 ,footnote #aeb3 ,cherry1 ,growth of ,criminal ,law in ,ancient ,communities1 p4 #cb4 ,footnote #aec3 ,stephen1 op4 cit4 ii4 #bbb sq4 ,thomas ,smith1 ,common-wealth of ,england1 p4 #aid sq4 #bdc ,the question1 which attempts should be punished1 and even the elementary question1 what constitutes an attempt1 have been answered differently by different jurists and legislators4#aed ,in ,england all attempts whatever to commit indictable offences1 whether felonies or misdemeanours1 are punishable by law4#aee ,the ,french#aef and ,german#aeg codes1 on the other hand1 do not punish1 except in a few particular cases1 attempts to commit dlits or ,verbrechen1 that is1 what the ,english jurists would describe as misdemeanours4 ,footnote #aed3 ,see ,cohn1 ,zur ,lehre vom versuchten und unvollendeten ,verbrechen1 i4 #f sqq4 ,footnote #aee3 ,stephen1 op4 cit4 ii4 #bbd4 ,footnote #aef3 ,code ,pnal art4 #c4 ,footnote #aeg3 ,strafgesetzbuch1 art4 #dc4 ,again1 should a person be punished for attempting to commit a crime in a manner in which success is physically impossible1 as if he attempts to steal from a pocket which is empty1 or puts into a cup pounded sugar which he believes to be arsenic8 ,this question has given rise to a whole literature4 ,seneca's statement that he who mixes a sleeping draught1 believing it to be poison1 is a poisoner1#aeh seems to have had the support of ,roman law4#aei ,in ,england1 some time ago1 the man who attempted to pick an empty pocket1 was not held liable for an attempt to steal2#afj but this case has been overruled1 and it appears now to be the law that an indictment would lie for such an attempt4#afa ,according to the ,french#afb and ,italian#afc codes1 it would not be punished1 according to some ,german law-books1 it would2#afd whilst the ,strafgesetzbuch contains no special provisions for attempts of a similar character4 ,footnote #aeh3 ,seneca1 ,de beneficiis1 v4 #ac4 ,cf4 ,idem1 ,ad ,serenum1 #g4 ,footnote #aei3 ,seeger1 ,versuch nach rmischem ,recht1 p4 #cj4 ,footnote #afj3 ,stephen1 op4 cit4 ii4 #bbe4 ,footnote #afa3 ,harris1 ,principles of the ,criminal ,law1 p4 #bji n4 c4 ,footnote #afb3 ,stephen1 op4 cit4 ii4 #bbe4 ,footnote #afc3 ,alimena1 in ,le droit criminel des tats europens1 ed4 by von ,liszt1 p4 #abc4 ,footnote #afd3 von ,feuerbach-,mittermaier1 op4 cit4 p4 #gf4 ,cohn1 op4 cit4 i4 #ad4 ,finally there are different rules as to the stage at which an attempt begins to be criminal1 or as to the distinction between attempts and acts of preparation4 ,the ,romans1 it is supposed1 drew no such distinction4#afe ,the ,french law regards as permissible acts of preparation many #bdd things which in ,england would be punished as attempts4#aff ,in ,england lighting a match with intent to set fire to a haystack has been held to amount to a criminal attempt to burn it1 although the defendant blew out the match on seeing that he was watched4 ,but it was said in the same case that1 if he had gone no further than to buy a box of matches for the purpose1 he would not have been liable1 the act being too remote from the offence to be criminal4#afg ,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 out4#afh ,footnote #afe3 ,seeger1 ,versuch nach rmischem ,recht1 p4 #di4 ,footnote #aff3 ,chauveau and ,hlie1 op4 cit4 i4 #ceg sqq4 ,stephen1 op4 cit4 ii4 #bbf4 ,footnote #afg3 ,holmes1 ,common ,law4 p4 #fg sq4 ,footnote #afh3 ,kenny1 op4 cit4 p4 #gi4 ,if we go a step further1 we come to designs unaccompanied by any attempt whatever to realise them4 ,the laws of all countries agree as to the principle that an outward event is requisite for the infliction of punishment4 ,cogitationis poenam nemo patitur4#afi ,footnote #afi3 ,digesta1 xlviii4 #ai4 #ah4 ,this fact again illustrates the influence which external deeds exercise upon the moral feelings of men4 ,in the average man moral emotions are hardly ever called into existence by calm and penetrating reflection4 ,there are certain phenomena which for some reason or other are apt to arouse in him such emotions1 but he does not seek for them4 ,they must force themselves upon his mind1 and the more vigorously they do so1 the stronger are the emotions they excite4 ,nothing makes a greater impression on him than facts which are perceptible by the senses4 ,he will admit that an intention1 or even a mere wish1 to do something wrong is wrong by itself1 but an outward event is generally needed for shaking him up4 ,this1 ,i think1 is the original reason why persons have not been punished for intentions unaccompanied by external deeds4 ,no doubt1 the principle that the thought of man shall not be tried1 is strongly supported by the fact that1 as a medival writer puts it1 the devil himself knoweth not the thought of man4#agj ,but considering how ready people #bde have been to presume guilt in cases of unintentional injuries1 it seems very incredible that they originally refrained from punishing bare intentions merely on account of insufficient evidence4 ,indeed1 as an exception to the rule1 in a few cases when the crime designed is regarded with extreme horror1 the very intention may give such a shock to public imagination as to call for punishment4 ,footnote #agj3 ,quoted by ,pollock and ,maitland1 op4 cit4 ii4 #dgd4 ,according to ,chinese law1 any person convicted of a design to kill his or her father or mother1 grandfather or grandmother1 whether by the father's or mother's side2 and any woman convicted of a design to kill her husband1 husband's father or mother1 grandfather or grandmother1 shall1 whether a blow is1 or is not struck in consequence1 suffer death by being beheaded4#aga ,this exceptional law obviously owes its origin to the extreme reverence in which parents and ancestors are held by the ,chinese1 and to the wife's subjection to her husband4 ,in medival laws referring to heresy we have another instance of punishment being inflicted for a mere state of mind without any corresponding act4 ,according to ,julius ,clarus1 this exception to the rule is due to the fact that the crime of heresy itself consists in sola mentis cogitatione4#agb ,but the real reason why the law in this case troubled itself about men's thoughts1 and even allowed them to be put on their trial for their tacit opinions on bare suspicion1 is the detestation in which heresy was held and the extreme attention it attracted4 ,by all this1 of course1 ,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 indignation4 ,i only speak of matters of fact4 ,footnote #aga3 ,ta ,tsing ,leu ,lee1 sec4 cclxxxiv4 p4 #cje4 ,footnote #agb3 ,julius ,clarus1 ,practica ,criminalis1 qu4 #ia 7,opera omnia1 ii4 #fbe74 ,again1 as regards acts of preparation and many cases of unsuccessful attempts1 it may be said that the agent perhaps would have altered his mind before he came to the point1 or that the failure of his attempt was possibly due #bdf to a change of intention in the last moment4#agc ,but there are innumerable cases in which the attempt1 with no less certainty than the accomplished crime1 displays a criminal intention which is final4 ,and it is particularly instructive to note that1 among the very peoples who treat unintentional injuries with the greatest severity1 unsuccessful attempts are treated with the greatest leniency4 ,this is well illustrated by a comparison between ,teutonic and ,roman law2 in either case the former chiefly looks at the event1 the latter chiefly at the intention of the agent4 ,if there is no punishment for a bare attempt to commit a crime1 that is because such an attempt makes no impression on the public4 ,if an attempt is punished more heavily according as it is more advanced1 that is because it calls forth greater indignation in proportion as it comes near to the crime intended4 ,and if even the conatus proximus is punished with less severity than the accomplished crime1 that is because the indignation it evokes is less4 ,this explanation is corroborated by concessions made by theorisers who have in vain endeavoured to find more rational grounds for existing laws on attempt4 ,they have ultimately found it necessary to resort to phrases such as the natural sense of justice1 or to appeal to the feelings of the multitude4#agd #bdg ,m4 ,rossi observes1 ,nous pensons que le sens commun et la conscience publique ont constamment tenu le mme langage4 ',le dlit n'a pas t consomm1 donc la punition doit tre moindre4' ,cette ide de proportion matrielle1 ce sentiment de justice1 grossire j'en conviens1 est naturel l'homme4#age ,this is the view taken by the unreflecting moral consciousness4 ,to him whose feelings are tempered by thought1 a man1 as ,seneca says1 is no less a brigand1 because his sword becomes entangled in his victim's clothes1 and misses its mark4#agf ,footnote #agc3 ,as a rule1 the man who voluntarily desists from the attempt to commit a crime would not be punished at all 7see ,seeger1 ,versuch nach rmischem ,recht1 p4 #ej2 ,charles ,v4's ,peinliche ,gerichts ,ordnung1 art4 #agh2 the ,french ,code ,pnal1 art4 #b2 the ,italian ,codice ,penale1 art4 #fa2 ,finger1 ,compendium des sterreichischen ,rechtes--,strafrecht1 i4 #aha2 and1 for various ,german laws1 ,zachari1 op4 cit4 ii4 #caa sq41 and ,cohn1 op4 cit4 i4 #ab sq471 or he would be punished more leniently than if there had been no such desistance 7,zachari1 ii4 #bci1 sqq4 ,cohn1 i4 #ab sq474 ,on this subject see also ,herzog1 ,rcktritt vom ,versuch und ,thtige ,reue1 passim4 ,footnote #agd3 ,lelivre1 ,de conatu delinquendi1 p4 #cfa 7quoted by ,zachari1 op4 cit4 ii4 #ff1 n4 #b73 ,ceterum libenter fateor1 me potius sentire aliquam necessitatem paululum levius in perfectum crimen ac in maleficium consummatum animadvertendi1 quam reddere posse claram necessitates rationem4 ,abegg1 ,die verschiedenen ,strafrechtstheorieen1 p4 #fe3 ,fr uns folgt aber jene nothwendige ,beobachtung der concreten ,unterschiede1 in dem ,gebiete der ,erscheinung1 nach der aus dem ,gerechtigkeitsprincipe abgeleiteten ,regel1 dass ,jeder fr seine ,that1 und was er verdient habe1 leiden solle4 ,zachari1 op4 cit4 ii4 #ea3--,so macht sich in dem natrlichen ,gerechtigkeits-,gefhl des ,einzelnen und des ganzen ,volkes auch von selbst die ,unterscheidung zwischen der ,strafe des vollendeten und der des blos versuchten ,verbrechens geltend4 4 4 4 ,es kann freilich seyn1 dass der grsste ,theil der ,menschen fr ein solches natrliches ,gefhl keine ,grnde anzugeben vermag2 allein das ,strafrecht1 welches ja gerade auf die grosse ,menge zu wirken hat1 kann dessenungeachtet solche unwillkrlich im ,volke sich geltend machende ,ansichten nicht unbercksichtigt lassen4 ,cf4 also ,finger1 op4 cit4 i4 #agg4 ,footnote #age3 ,rossi1 ,trait de droit pnal1 ii1 #cah4 ,footnote #agf3 ,seneca1 ,ad ,serenum1 #g4 99 99 99 99 99 ,in the same way as moral indignation1 is moral approval influenced by external events4 ,though we would not praise a person for some deed of his which we clearly recognise to reflect no merit on his will1 the benefits which result from a good act easily induce us to exaggerate the goodness of the agent4 ,on the other hand1 it is success alone that confers upon a man the full reward which he deserves2 good intentions without corresponding deeds meet with little applause even when the failure is due to mere misfortune4 ,in our real feeling or sentiment1 ,hume observes1 we cannot help paying a greater regard to one whose station1 joined to virtue1 renders him really useful to society1 than to one who exerts the social virtues only in good intentions and benevolent affections4 99 99 99 99 99 ,it is thus only from want of due reflection that moral judgments are influenced by outward deeds4 ,owing to its very nature1 the moral consciousness1 when sufficiently influenced by thought1 regards the will as the only proper object of moral disapproval or moral praise4 ,that moral qualities are internal1 is not an invention of any particular moralist or any particular religion2 it has been recognised by thoughtful men in many different countries and different #bdh ages4 ,he that is pure in heart is the truest priest1 said ,buddha4#agg ,in the ,taouist work1 ',kan ying peen1' it is written3--,if you form in your heart a good intention1 although you may not have done any good1 the good spirits follow you4 ,if you form in your heart a bad intention1 although you may not have done any harm1 the evil spirits follow you4#agh ,according to the ,thi-,shang1 mere wishes are sufficient to constitute badness4#agi ,one of the ,pahlavi texts puts the following words into the mouth of the ,spirit of ,wisdom3--,to be grateful in the world1 and to wish happiness for every one2 this is greater and better than every good work4#ahj ,god1 says the ,koran1 will not catch you up for a casual word in your oaths1 but ,he will catch you up for what your hearts have earned4#aha ,according to the ,rabbis1 the thought of sin is worse than sin1 and an unchaste thought is a wicked thing4#ahb ,it was an ancient ,mexican maxim that he who looks too curiously on a woman commits adultery with his eyes#ahc--;a striking parallel to the passage in ,st4 ,matthew v4 #bh4 ,voluntas remuneratur1 non opus1 says the ,canonist4 ,licet gladio non occidat1 voluntate tamen interficit4 ,non ideo minus delinquit1 cui sola deest facultas4#ahd ,footnote #agg3 ,hopkins1 ,religions of ,india1 p4 #cai4 ,footnote #agh3 ,douglas1 ,confucianism and ,taouism1 p4 #bgj4 ,footnote #agi3 ,thi-,shang1 #d4 ,footnote #ahj3 ,dn--,mang ,khirad1 lxiii4 #c sqq4 ,cf4 ibid4 i4 #aj1 where it is said that the good work which a man does unwittingly is little of a good work1 though the sin which a man commits unwittingly amounts to a sin in its origin4 ,footnote #aha3 ,koran1 ii4 #bbe4 ,cf4 ,ameer ,ali1 ,ethics of ,islm1 p4 #bf4 ,footnote #ahb3 ,schechter1 in ,montefiore1 op4 cit4 p4 #eeh4 ,cf4 ,deutsch1 ,literary ,remains1 p4 #eb4 ,footnote #ahc3 ,sahagun1 ,historia general de las cosas de ,nueva ,espaa1 vi4 #bb1 vol4 ii4 #adg3 ,dice el refran que el que curiosamente mira la muger adultra con la vista4 ,footnote #ahd3 ,gratian1 ,decretum1 ii4 #cc4 #c4 #be1 #cj1 #bi4 ,,chapter ,x ,,agents ,,under ,,intellectual ,,disability ,,we hold an agent responsible not only for his intention1 but for any known concomitant of his act1 as also for any such unknown concomitant of it as we attribute to want of due attention4 ,but for anything which he could not be aware of he is not responsible4 ,hence certain classes of agents--animals1 children1 idiots1 madmen--are totally or partially exempted from moral blame and legal punishment4 ,though animals are undoubtedly capable of acting1 we do not regard them as proper objects of moral indignation4 ,the reason for this is not merely the very limited scope of their volitions and their inability to foresee consequences of their acts1 since these considerations could only restrict their responsibility within correspondingly narrow limits4 ,their total irresponsibility rests on the presumption that they are incapable of recognising any act of theirs as right or wrong4 ,if the concomitant of an act is imputable to the agent only in so far as he could know it1 it is obvious that no act is wrong which the agent could not know to be wrong4 ,it is a familiar fact that1 by discipline1 we may teach domesticated animals to live up to a certain standard of behaviour1 but this by no means implies that we awake in them moral feelings4 ,when some writers credit dogs and apes with a conscience1#a we must remember that an #bej observer's inference is not the same as an observed fact4#b ,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 consequences1 together with a fear of those consequences4#c ,footnote #a3 ,romanes1 ,mental ,evolution in ,animals1 p4 #ceb4 ,perty1 ,seelenleben der ,thiere1 p4 #fg4 ,brehm1 ,from ,north ,pole to ,equator1 p4 #bih4 ,footnote #b3 ,cf4 ,lloyd ,morgan1 ,animal ,life and ,intelligence1 p4 #cii4 ,footnote #c3 ,cf4 ibid4 p4 #dje4 ,the following is one of the most striking instances of what ,professor ,romanes regards as conscience in animals2 it refers to a terrier which had never1 even in its puppyhood1 been known to steal1 but on the contrary used to make an excellent guard to protect property from other animals1 servants1 and so forth1 even though these were his best friends4 ,nevertheless1 says ,professor ,romanes1 on one occasion he was very hungry1 and in the room where ,i was reading and he was sitting1 there was1 within easy reach1 a savoury mutton chop4 ,i was greatly surprised to see him stealthily remove this chop and take it under a sofa4 ,however1 ,i pretended not to observe what had occurred1 and waited to see what would happen next4 ,for fully a quarter of an hour this terrier remained under the sofa without making a sound1 but doubtless enduring an agony of contending feelings4 ,eventually1 however1 conscience came off victorious1 for emerging from his place of concealment and carrying in his mouth the stolen chop1 he came across the room and laid the tempting morsel at my feet4 ,the moment he dropped the stolen property he bolted again under the sofa1 and from this retreat no coaxing could charm him for several hours afterwards4 ,moreover1 when during that time he was spoken to or patted1 he always turned away his head in a ludicrously conscience-stricken manner4 ,altogether ,i do not think it would be possible to imagine a more satisfactory exhibition of conscience by an animal than this2 for 4 4 4 the particular animal in question was never beaten in its life4 ,the author then adds in a note that mere dread of punishment cannot even be suspected to have been the motive principle of action4#d ,it may be so1 if by punishment be understood the infliction of physical pain4 ,but it can hardly be doubted that the terrier suspected his master to be displeased with his behaviour1 and the dread of displeasure or reproof may certainly have been the sole reason for his bringing back the stolen food4 ,among #bea high-life dogs1 as ,professor ,romanes himself observes1 wounded sensibilities and loss of esteem are capable of producing much keener suffering than is mere physical pain4#e ,but fear of the anticipated consequences of an act1 even when mixed with shame1 is not the same as the moral feeling of remorse4 ,there is no indication that the terrier felt that his act was wrong1 in the strict sense of the word4 ,footnote #d3 ,romanes1 ',conscience in ,animals1' in ,quarterly ,journal of ,science1 xiii4 #aef sq4 ,footnote #e3 ,idem1 ,animal ,intelligence1 p4 #dci4 ,however1 though most of us1 on due reflection1 would deny that animals are proper objects of moral censure1 there is a general tendency to deal with them as if they were4 ,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 righteous2 and the shock given to public feeling by some atrocious deed committed by a beast calls for retribution4 ,as ,adam ,smith observes1 the dog that bites1 the ox that gores1 are both of them punished4 ,if they have been the causes of the death of any person1 neither the public1 nor the relations of the slain1 can be satisfied1 unless they are put to death in their turn3 nor is this merely for the security of the living1 but1 in some measure1 to revenge the injury of the dead4#f ,footnote #f3 ,adam ,smith1 ,theory of ,moral ,sentiments1 p4 #acg4 ,if thus our own resentment towards an animal which has caused some injury1 when not duly tempered by reason1 often comes near actual indignation1 it is not surprising to find that1 at the lower stages of human civilisation1 animals are deliberately treated as responsible agents4 ,the ,american ,indian who eats the vermin which molest him defends his action by arguing that1 as the animal has first bitten him1 he is only retaliating the injury on the injurer4#g ,the custom of blood-revenge is often extended to the animal world4 ,the ,kukis1 says ,mr4 ,macrae1 are of a most vindictive disposition2 blood must always be shed for blood2 if a tiger kills #beb any of them1 near a ,parah or village1 the whole tribe is up in arms1 and goes in pursuit of the animal2 when if he is killed1 the family of the deceased gives a feast of his flesh1 in revenge of his having killed their relation4 ,and should the tribe fail to destroy the tiger1 in this first general pursuit of him1 the family of the deceased must still continue the chase2 for until they have killed either this1 or some other tiger1 and have given a feast of his flesh1 they are in disgrace in the ,parah1 and not associated with by the rest of the inhabitants4 ,in like manner1 if a tiger destroys one of a hunting party1 or of a party of warriors1 on an hostile excursion1 neither the one nor the other 7whatever their success may have been7 can return to the ,parah1 without being disgraced1 unless they kill the tiger4#h ,of the ,sea ,dyaks we are told that they will not willingly take part in capturing an alligator1 unless the alligator has first destroyed one of themselves2 for why1 say they1 should they commit an act of aggression1 when he and his kindred can so easily repay them8 ,but should the alligator take a human life1 revenge becomes a sacred duty of the living relatives1 who will trap the man-eater in the spirit of an officer of justice pursuing a criminal4 4 4 4 ,the man-eating alligator is supposed to be pursued by a righteous ,nemesis2 and whenever one is caught1 they have a profound conviction that it must be the guilty one1 or his accomplice1 for no innocent leviathan could be permitted by the fates to be caught by man4#i ,so1 also1 the ,malagasy will never kill a crocodile1 except in retaliation for one of their friends or neighbours who has been destroyed by a crocodile4 ,they believe that the wanton destruction of one of these reptiles will be followed by the loss of human life1 in accordance with the principle of lex talionis4 ,the inhabitants living in the neighbourhood of the lake ,itsy1 to the west of the central province1 are accustomed to make a yearly proclamation #bec to the crocodiles1 warning them that they shall revenge the death of some of their friends by killing as many voy in return1 and warning the well-disposed crocodiles to keep out of the way1 as they have no quarrel with them1 but only with their evil-minded relatives who have taken human life4#aj ,footnote #g3 ,harmon1 ,journal of ,voyages and ,travels in the ,interior of ,north ,america1 p4 #cbg4 ,southey1 ,history of ,brazil1 i4 #bbc4 ,cf4 ,bastian1 ,der ,mensch in der ,geschichte1 iii4 #be4 ,footnote #h3 ,macrae1 ',account of the ,kookies1' in ,asiatick ,researches1 vii4 #ahi4 ,footnote #i3 ,perham1 ',sea ,dyak ,religion1' in ,journal of the ,straits ,branch of the ,royal ,asiatic ,society1 ,no4 #aj1 p4 #bba sq4 ,cf4 ,frazer1 ,golden ,bough1 ii4 #cij4 ,footnote #aj3 ,sibree1 ,the ,great ,african ,island1 p4 #bfi4 ,animals are not only exposed to the blood-feud1 but are often exposed to regular punishment4 ,this is the case among the ,mambettu in ,central ,africa4 ,casati mentions the following instance3--,a goat was chased and persecuted by a dog1 and in the fight for self-defence the latter received a thrust from the goat's horn4 ,the poor dog1 which was the valuable property of a powerful man1 died shortly after4 ,this serious matter was much discussed and commented upon1 and finally referred to the king for judgment4 ,the poor goat was sentenced to be slaughtered before its victim's corpse1 its flesh was served to the ,mambettu that is1 people of the superior race1 and that of the dog to the ,mege that is1 people of the conquered race4#aa ,among the ,maori1 according to ,polack1 the crime of impiety is not confined to man only1 but even a pig straying over a sacred place incurs the punishment of death4#ab ,in ,muhammedan ,east ,africa1 some time ago1 a dog was publicly scourged for having entered a mosque4#ac ,the ,bogos kill a bull or cow which causes the death of a man4#ad ,according to the native code of ,malacca1 if a buffalo or a head of cattle be tied in the forest1 in a place where people are not in the habit of passing1 and there gore anybody to death1 it shall be put to death2 but the owner of the animal shall not be held liable4#ae ,according to ,hebrew law1 if an ox gore a man or a woman1 that they die3 then the ox shall be surely stoned1 and his flesh shall not be eaten2 and1 in the case of sexual intercourse #bed between a man1 or woman1 and a beast1 not only the human offender1 but the beast1 is to be put to death4#af ,it is prescribed in the ,venddd that1 if a mad dog which bites without barking1 smite a sheep or wound a man1 the dog shall pay for the wound of the wounded as for wilful murder4#ag ,plato had undoubtedly borrowed from ,attic custom or law the idea which underlies the following regulation in his ',laws'3--,if a beast of burden or other animal cause the death of any one1 except in the case of anything of that kind happening to a competitor in the public contests1 the kinsman of the deceased shall prosecute the slayer for murder1 and the wardens of the country1 such1 and so many as the kinsman appoint1 shall try the cause1 and let the beast when condemned be slain by them1 and let them cast it beyond the borders4#ah ,in various ,european countries animals have been judicially sentenced to death1 and publicly executed1 in retribution for injuries inflicted by them4 ,advocates were assigned to defend the accused animals1 and the whole proceedings1 trial1 sentence1 and execution1 were conducted with all the strictest formalities of justice4#ai ,these proceedings seem to have been particularly common from the end of the thirteenth till the seventeenth century2 the last case in ,france occurred as late as #ahde4bj ,not only domestic animals1 but even wild ones1 were thus put on trial4#ba ,in #aefe the ,arlesians asked for the expulsion of the grasshoppers4 ,the case came before the ,tribunal de l',officialit1 and ,matre ,marin was assigned to the insects as counsel4 ,he defended his clients with much zeal4 ,since the accused had been created1 he argued that they were justified in eating what was necessary to them4 ,the opposite counsel cited the serpent in the ,garden of ,eden1 and sundry other animals #bee mentioned in ,scripture1 as having incurred severe penalties4 ,the grasshoppers got the worst of it1 and were ordered to quit the territory1 with a threat of anathematisation from the altar1 to be repeated till the last of them had obeyed the sentence of the honourable court4#bb ,from an earlier period we have records of maledictions and excommunications of vermin and obnoxious insects4 ,in #aabj1 a bishop of ,laon is reported to have excommunicated the caterpillars which were ravaging his diocese1 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 canons4#bc ,such maledictions and excommunications1 however1 were probably regarded rather as magical means of expulsion than as punishments4#bd ,not long ago1 when swarms of locusts ravaged the gardens of ,tangier1 the ,shereef of ,wazzan expelled the injurious animals by spitting into the mouth of one of them4 ,footnote #aa3 ,casati1 ,ten ,years in ,equatoria1 i4 #agf4 ,footnote #ab3 ,polack1 ,manners and ,customs of the ,new ,zealanders1 i4 #bdj4 ,footnote #ac3 von ,amira1 ,thierstrafen und ,thierprocesse1 p4 #cj4 ,footnote #ad3 ,munzinger1 ,die ,sitten und das ,recht der ,bogos1 p4 #hc4 ,footnote #ae3 ,newbold1 ,british ,settlements in the ,straits of ,malacca1 ii4 #beg4 ,footnote #af3 ,exodus1 xxi4 #bh sq4 ,leviticus1 xx4 #ae sq4 ,footnote #ag3 ,venddd1 xiii4 #ca4 ,cf4 ibid4 xiii4 #cb sqq42 ,yasts1 xxiv4 #dd4 ,footnote #ah3 ,plato1 ,leges1 ix4 #hgc4 ,footnote #ai3 ,chambers1 ,book of ,days1 i4 #abg4 ,pertile1 ',gli animali in giudizio1' in ,atti del ,r4 ,instituto ,veneto1 ser4 vi4 vol4 iv4 #aci4 ,footnote #bj3 von ,amira1 ,thierstrafen1 pp4 #b1 #ae1 #af1 #bh sq4 ,in ,england such proceedings seem to have hardly occurred at all 7ibid4 p4 #ae71 but1 as we shall see1 an animal which caused the death of a man was forfeited as deodand4 ,footnote #ba3 ,see ,chambers1 op4 cit4 i4 #abg sq4 ,footnote #bb3 ,marlinengo-,cesaresco1 ,essays in the ,study of ,folk-,songs1 p4 #ahc sq4 ,footnote #bc3 ,desmaze1 ,les pnalits anciennes1 p4 #ca sq4 ,footnote #bd3 ,this is the opinion of von ,amira1 who1 however--as it seems to me1 without sufficient evidence--suggests that the maledictions did not refer to ordinary animals1 but to human souls or devils in disguise 7,thierstrafen1 p4 #af sqq474 ,it has been suggested that the medival practice of punishing animals after human fashion was derived from the ,mosaic law4#be ,but this hypothesis does not account for the comparatively late appearance of the practice1 nor for the fact that1 in some cases1 other punishments short of death were inflicted upon offending beasts4#bf ,it seems much more probable that the procedure in question developed out of an ancient ,european custom1 to which it stood in the relationship of punishment to revenge4#bg ,according to the customs or laws of various so-called ,aryan peoples--,greeks1#bh ,romans1#bi ,teutons1#cj ,celts1#ca ,slavs1#cb--;an #bef animal which did some serious damage1 especially if it caused the death of a man1 was to be given up to the injured party1 or his family1 obviously in order that it might be retaliated upon4#cc ,according to the ,welsh ,laws1 that is the only case in which the murderer is to be given up for his deed4#cd ,the fact that afterwards1 in the later ,middle ,ages1 this form of reprisal was in certain instances transformed into regular punishment1 only implies that the principle according to which punishment succeeded vengeance in the case of human crimes was1 by way of analogy1 extended to injuries committed by animals4 ,footnote #be3 ,ibid4 pp4 #d1 #dg sqq4 ,footnote #bf3 ,pertile1 loc4 cit4 p4 #adh4 ,footnote #bg3 ,cf4 ,brunner1 ,forschungen zur ,geschichte des deutschen und franzsischen ,rechtes1 p4 #eag sqq4 ,footnote #bh3 ,plutarch1 ,vita ,solonis1 #bd4 ,xenophon1 ,histori ,grc1 ii4 #d4 #da4 ,footnote #bi3 ,institutiones1 iv4 #i4 ,digesta1 ix4 #a4 ,footnote #cj3 ,lex ,salica 7cod4 i471 #cf4 ,lex ,ripuariorum1 #df4 ,grimm1 ,deutsche ,rechtsalterthmer1 p4 #ffd sqq4 ,brunner1 ,forschungen1 p4 #eac sqq4 ,footnote #ca3 ,ancient ,laws of ,ireland1 i4 #afa2 iv4 #agg1 #agi1 #aha4 ,welsh ,laws1 iv4 i4 #ag 7,ancient ,laws and ,institutes of ,wales1 p4 #cia74 ,footnote #cb3 ,macieiowski1 ,slavische ,rechtsgeschichte1 iv4 #ccc4 ,footnote #cc3 ,see ,lex ,wisigothorum1 viii4 #d4 #bj2 ,schwabenspiegel1 ,landrechtbuch1 #bjd2 ,dirksen1 ,civilistische ,abhandlungen1 i4 #ajd2 von ,jhering1 ,geist des rmischen ,rechts1 i4 #abc2 ,hepp1 ,die ,zurechnung auf dem ,gebiete des ,civilrechts1 p4 #ajc2 ,grimm1 ,deutsche ,rechtsalterthmer1 p4 #ffd2 ,brunner1 ,deutsche ,rechtsgeschichte1 ii4 #eef2 ,idem1 ,forschungen1 p4 #eac4 ,footnote #cd3 ,welsh ,laws1 iv4 #a4 #ag 7,ancient ,laws and ,institutes of ,wales1 p4 #cia74 ,there has been considerable diversity of opinion concerning the purpose of inflicting punishments upon animals4 ,some writers suggest that it was possibly done with a view to deterring other animals from committing similar injuries4#ce ,according to others1 the animal was executed in order that the hateful act should be forgotten2 ,gratian1 referring to ,st4 ,augustine1#cf says1 ,non propter culpam1 sed propter memoriam facti pecus occiditur1 ad quod mulier accesserit4#cg ,a theory which has gained much adherence explains the punishment as a symbolic act1 performed for the purpose of inspiring horror of the crime into the minds of men4#ch ,m4 ,thonissen maintains that1 at ,athens1 on frappait l'animal auteur d'un homicide1 afin que le peuple1 en voyant prir un tre priv de raison1 conut une grande horreur pour l'effusion du sang humain4#ci ,it has also been supposed that the animal was punished with intention to intimidate those #beg who were responsible for its acts1#dj or that it was killed because it was dangerous4#da ,but the true solution of the problem seems simple enough4 ,the animal had to suffer on account of the indignation it aroused4 ,it was regarded as responsible for its deed4#db ,in early records the punishment is frequently spoken of as an act of justice2#dc and the protests of ,beaumanoir and others against this opinion#dd only show that it was held in good earnest1 if not by all1 at least by many4 ,from certain details we can also see how closely the responsibility ascribed to animals resembled the responsibility of men4 ,in some of the texts of the ,salic law the animal is spoken of as auctor criminis4#de ,in an ancient ,irish law-tract it is said that1 when a bee has blinded a person's eye1 the whole hive shall pay the fine1 and the many become accountable for the crime of one1 although they all have not attacked4#df ,youth was a ground for acquittal1 as appears from a case which occurred at ,lavegny in #adeg1 when a sow and her six young ones were tried on a charge of their having murdered and partly eaten a child3 whilst the sow1 being found guilty1 was condemned to death1 the young pigs were acquitted on account of their youth and the bad example of their mother4#dg ,in ,burgundy1 a distinction was made between a mischievous dog that entered a room through an open door and one that committed a burglary2 the latter was a larron1 and was to be punished as such4#dh ,the repetition of a crime aggravated the punishment2#di #beh and the animal principal was punished more severely than the accessories4#ej ,footnote #ce3 ,leibniz1 ,essais de ,theodice1 p4 #ahb sq4 ,lessona1 quoted by d',addosio1 ,bestie delinquenti1 p4 #ade4 ,footnote #cf3 ,st4 ,augustine1 ,qustiones in ,leviticum1 #gd 7ad ,lev4 xx4 #af73 ,nam pecora inde credendum est jussa interfici1 quia tali flagitio contaminata1 indignam refricant facti memoriam 7,migne1 ,patrologi cursus1 xxxiv4 #gji74 ,footnote #cg3 ,gratian1 ,decretum1 ii4 #ae4 #a4 #d4 ,cf4 ,mishna1 fol4 #ed1 quoted by ,rabbinowicz1 ,lgislation criminelle du ,talmud1 p4 #aaf4 ,footnote #ch3 ,ayrault1 ,des procs faicts au cadaver1 aux cendres1 la mmoire1 aux bestes brutes1 fol4 #bd4 ,ortolan1 lments du droit pnal1 p4 #ahh4 ,tissot1 ,le droit pnal1 i4 #ai sq4 ,footnote #ci3 ,thonissen1 ,le droit pnal de la rpublique ,athnienne1 p4 #dad4 ,footnote #dj3 ,du ,boys1 quoted by d',addosio1 op4 cit4 p4 #aci4 ,footnote #da3 ,lessona1 quoted ibid4 p4 #ade4 ,footnote #db3 ,cf4 ,post1 ,die ,grundlagen des ,rechts1 p4 #cei2 ,friedrichs1 ',mensch und ,person1' in ,das ,ausland1 #ahia1 pp4 #cjj1 #cae2 and1 especially1 d',addosio1 op4 cit4 p4 #adf sqq43 ,nel medioevo si pun l'animale perch lo si ritenne in certo modo conscio delle sue azioni1 in certo modo libero1 in certo modo responsabile4 ,footnote #dc3 von ,amira4 op4 cit4 p4 #i4 ,footnote #dd3 ,beaumanoir1 ,les coutumes du ,beauvoisis1 lxix4 #f1 vol4 ii4 #dhe sq4 ,chambers1 op4 cit4 i4 #abg4 ,lichtenberg1 ,vermischte ,schriften1 iv4 #dha4 ,footnote #de3 ,lex ,salica1 edited by ,hessels1 coll4 #bji-bab1 #bae4 ,footnote #df3 ,ancient ,laws of ,ireland1 iv4 #agi4 ,footnote #dg3 ,chambers1 op4 cit4 i4 #abh4 ,footnote #dh3 ,ancien ,coutumier de ,bourgogne1 #bc 7,revue historique de droit franais et tranger1 iii4 #edi73 ,il deust hauoir faire justice del larron4 ,footnote #di3 ,pertile1 loc4 cit4 p4 #adh3 ,la ,carta de ,logu d',eleonora giudicessa d',arborea 7#acie7 prescrive3 che venendo trovato un asino in danno sui fondi altrui1 per la prima volta gli si tagli un orecchio2 la seconda1 l'altro2 e la terza1 si confischi la bestia consegnandola alla corte principesca4 ,cf4 ,venddd1 xiii4 #cb sqq4 ,footnote #ej3 d',addosio1 op4 cit4 p4 #af4 ,considering the feelings to which even the cultured mind is susceptible with reference to a mischievous beast1 it is not difficult to understand the attitude of the ignorant4 ,the savage1 not only momentarily1 while in a rage1 but permanently and in cold blood1 obliterates the boundaries between man and beast4 ,he regards all animals as practically on a footing of equality with man4 ,he believes that they are endowed with feelings and intelligence like men1 that they are united into families and tribes like men1 that they have various languages like human tribes1 that they possess souls which survive the death of the bodies just as is the case with human souls4 ,he tells of animals that have been the ancestors of men1 of men that have become animals1 of marriages that take place between men and beasts4 ,he also believes that he who slays an animal will be exposed to the vengeance either of its disembodied spirit1 or of all the other animals of the same species which1 quite after human fashion1 are bound to resent the injury done to one of their number4#ea ,is it not natural1 then1 that the savage should give like for like8 ,if it is the duty of animals to take vengeance upon men1 is it not equally the duty of men to take vengeance upon animals8 ,footnote #ea3 ,tylor1 ,primitive ,culture1 i4 #dfg sqq4 ,frazer1 ,golden ,bough1 ii4 #chi sqq4 ,liebrecht1 ,zur ,volkskunde1 p4 #ag4 ,achelis1 ,moderne ,vlkerkunde1 p4 #cgc sqq4 ,idem1 ',animal ,worship1' in ,open ,court1 xi4 #gje sq4 ,waitz1 ,anthropologie der ,naturvlker1 ii4 #ahj 7,negroes74 von den ,steinen1 ,unter den ,naturvlkern ,zentral-,brasiliens1 p4 #cea4 ,im ,thurn1 ,among the ,indians of ,guiana1 p4 #cej sqq4 ,dorman1 ,origin of ,primitive ,superstitions1 pp4 #bbc1 #bec4 ,lumholtz1 ,unknown ,mexico1 i4 #cca 7,tarahumares74 ,mooney1 ',myths of the ,cherokee1' in ,ann4 ,rep4 ,bur4 ,ethn4 xix4 pp4 #bej1 #bfa sq4 ,nelson1 ',eskimo about ,bering ,strait1' ibid4 xviii4 #dbc4 ,hose and ,mc,dougall1 ',relations between ,men and ,animals in ,sarawak1' in ,jour4 ,anthr4 ,inst4 xxxi4 #agc sqq41 especially p4 #bje sq4 ,nor are these beliefs restricted to savages4 ,muhammedans maintain1 not only that animals will share with men the general resurrection1 but that they will be judged according to their works4 ,their tradition says that ,god will raise up animals at the last day to receive #bei reward and to show ,his perfection and ,his justice4 ,then the hornless goat will be revenged on the horned one4#eb ,we can hardly wonder that the ,zoroastrian law inflicted punishments on dogs which hurt men or animals1 when we read in the ,venddd that a dog has the characters of eight sorts of people4#ec ,the fable and the ,mrchen for a long time related in good earnest their stories of animals that behaved exactly like men4#ed ,even to this day1 in certain districts of ,europe1 as soon as a peasant is dead1 it is customary for his heir to announce the change of ownership to every beast in the stall1 and to the bees also2#ee and in some parts of ,poland1 when the corpse of the rustic proprietor is being carried out1 all his cattle are let loose1 that they may take leave of their old master4#ef ,in the ,middle ,ages animals were sometimes accepted as witnesses2 a man who was accused of having committed a murder in his house appeared before the tribunal with his cat1 his dog1 and his cock1 swore in their presence that he was innocent1 and was acquitted4#eg ,it was not only the common people that ascribed intelligence to beasts4 ,according to ,porphyry1 all the philosophers who have endeavoured to discover the truth concerning animals have acknowledged that they to a certain extent participate of reason2#eh and the same idea is expressed by ,christian writers of a much later date4 ,in the sixteenth century1 ,benot wrote that animals often speak4#ei ,in the middle of the following century1 ,hieronymus ,rorarius published a book entitled ',quod animalia bruta ratione utantur melius homine4' ,and about the same time ,johann ,crell1 in his ',ethica ,christiana1' expressed the opinion that animals at all events possess faculties analogous to reason and free-will1 that they have something similar to virtues and vices1 that they #bfj deserve something like rewards and punishments1 and are consequently punished by ,god and man4#fj ,this1 as it seems to me1 is the correct explanation of the medival practice of punishing animals1 even though1 in some cases1 as ,m4 ,mnabra observes1 the obnoxious animal was regarded as an embodiment of some evil spirit and was punished as such4#fa ,the beast or insect was retaliated upon for the simple reason that it was regarded as a rational being4 ,footnote #eb3 ,koran1 vi4 #ch4 ,sell1 ,faith of ,islm1 p4 #bbc4 ,footnote #ec3 ,venddd1 xiii4 #dd sqq4 ,footnote #ed3 ,see ,grimm1 ,reinhart ,fuchs1 p4 i4 sqq4 ,footnote #ee3 ,ralston1 ,songs of the ,russian ,people1 p4 #cae4 ,wuttke1 ,der deutsche ,volksaberglaube der ,gegenwart1 p4 #dbh4 ,footnote #ef3 ,ralston1 op4 cit4 p4 #cah4 ,footnote #eg3 ,michelet1 ,origines du droit franais1 pp4 #gf1 #bgi sq4 ,chambers1 op4 cit4 i4 #abi4 ,footnote #eh3 ,porphyry1 ,de abstinentia ab esu animalium1 iii4 #f4 ,footnote #ei3 ,benot1 quoted by d',addosio1 op4 cit4 p4 #bad4 ,footnote #fj3 ,crell1 ,ethica ,christiana1 ii4 #a1 p4 #fe sq43--,hinc aliquid etiam virtuti et vitio simile1 seu recte et prave factum3 quorum illud est1 cum bruta natur su ductum sequuntur1 hoc cum a naturali via exorbitant4 ,unde tandem etiam aliquid 9999prmio aut poen1 et huic quidem maxime simile4 ,unde bestias etiam a ,deo punitas1 aut poenas certas lege illis constitutas1 cernimus4 ,footnote #fa3 ,mnabra1 ,de l'origine de la forme et de l'esprit des jugements rendus au moyen-age contre les animaux1 p4 #ce4 ,at the earlier stages of civilisation even inanimate things are treated as if they were responsible agents4 ,the ,kukis take revenge not only on a murderous tiger1 but on a murderous tree4 ,if a man should happen to be killed1 by an accidental fall from a tree1 all his relations assemble1 and cut it down2 and however large it may be1 they reduce it to chips1 which they scatter in the winds1 for having1 as they say1 been the cause of the death of their brother4#fb ,among the aborigines of ,western ,victoria1 when the spear or weapon of an enemy has killed a friend1 it is always burnt by the relatives of the deceased2 but those captured in battle are kept1 and used by the conquerors4#fc ,the ,north ,american ,redskins1 when struck with an arrow in battle1 will tear it from the wound1 break and bite it with their teeth1 and dash it on the ground4#fd ,the ,british ,guiana ,indian1 when hurt either by falling on a rock1 or by the rock falling on him1 attributes the blame1 by a line of argument still not uncommon in more civilised life1 to the rock4#fe ,the gods of the ,vedic age cursed the trees which had injured them4#ff ,xerxes commanded #bfa that the ,hellespont should be stricken with three hundred lashes1#fg and ,cyrus wreaked his vengeance on the river ,gyndes by dispersing it through three hundred and sixty channels4#fh ,pausanias relates that when ,theagenes had died1 one of his enemies went up to his statue every night1 and whipped the brass4 ,at last1 however1 the statue checked his insolence by falling on him2 but the sons of the deceased prosecuted the statue for murder4 ,the ,thasians sank the statue in the sea1 herein following the view taken by ,draco1 who1 in the laws touching homicide which he drew up for the ,athenians1 enacted that even lifeless things should be banished if they fell on anybody and killed him4#fi ,as ,dr4 ,frazer remarks1 the punishment of inanimate objects for having accidentally been the cause of death was probably much older than ,draco4#gj ,at ,athens there was a special tribunal for the purpose4#ga ,demosthenes states that1 if a stone or a piece of wood or iron or any such thing fell and struck a man1 and the person who threw the thing was not known1 but the people knew1 and were in possession of1 the object which killed the man1 that object was brought to trial at the court of the ,prytaneum4#gb ,plato lays down the following rule in his ',laws'3--,if any lifeless thing deprive a man of life1 except in the case of a thunderbolt or other fatal dart sent from the gods1--whether a man is killed by lifeless objects falling upon him1 or by his falling upon them1 the nearest of kin shall appoint the nearest neighbour to be a judge1 and thereby acquit himself and the whole family of guilt4 ,and he shall cast forth the guilty thing beyond the border4#gc ,teutonic law1 which still recognised the principle of private revenge1 treated the inanimate murderer with less ceremony4#gd ,according to the ,laws of ,alfred1 when men were at work together in #bfb a forest1 and by misadventure one let a tree fall on another1 which killed him1 the tree belonged to the dead man's kinsfolk if they took it away within thirty days4#ge ,later on1 in ,england1 a thing by which death was caused was forfeited to ,god1 that is to the ,king1 ,god's ,lieutenant on earth1 to be distributed in works of charity for the appeasing of ,god's wrath4#gf ,this law remained in force till #ahdf4gg ,footnote #fb3 ,macrae1 in ,asiatick ,researches1 vii4 #ahi sq4 ,footnote #fc3 ,dawson1 ,australian ,aborigines1 p4 #ec4 ,footnote #fd3 ,robertson1 ,history of ,america1 i4 #cea sq4 ,footnote #fe3 ,im ,thurn1 op4 cit4 p4 #ced4 ,footnote #ff3 ,oldenberg1 ,religion des ,veda1 p4 #eah4 ,footnote #fg3 ,herodotus1 vii4 #ce4 ,footnote #fh3 ,ibid4 i4 #aij4 ,footnote #fi3 ,pausanias1 vi4 #aa4 #f4 ,cf4 ibid4 v4 #bg4 #aj4 ,footnote #gj3 ,frazer1 ,pausanias1 ii4 #cga4 ,footnote #ga3 ,aristotle1 ,de republica ,atheniensium1 #eg4 ,pausanias1 i4 #bh4 #aj4 ,footnote #gb3 ,demosthenes1 ,contra ,aristocratem1 #gf1 p4 #fde4 ,footnote #gc3 ,plato1 ,leges1 ix4 #hgc sq4 ,footnote #gd3 ,see ,trummer1 ,vortrge ber ,tortur1 c4 i4 #cgf sq4 ,brunner1 ,forschungen1 p4 #eba sqq4 ,footnote #ge3 ,laws of ,alfred1 ii4 #ac4 ,footnote #gf3 ,coke4 ,third ,part of the ,institutes of the ,laws of ,england1 p4 #eg4 ,footnote #gg3 ,stephen1 ,history of the ,criminal ,law of ,england1 iii4 #gh4 ,pollock and ,maitland1 ,history of ,english ,law before the ,time of ,edward ,i4 ii4 #dgc4 ,in some of these cases superstitious dread may have been a motive for destroying or banishing the instrument of death4 ,there are facts which prove that such an object is looked upon as a source of danger4 ,according to the ,ripuarian law1 people are forbidden to make use of a thing which has been auctor interfectionis2#gh and in ,norway1 in quite modern times1 sickles1 axes1 and other objects with which men have been killed1 have been seen lying about abandoned and unused4#gi ,again1 among the aborigines of ,west ,australia1 if a person has been killed by a thrust of the native wooden spear1 ghici1 his country-men think that his soul remains in the point of the weapon which caused his death1 and they burn it after his burial1 so that the soul may depart4#hj ,but it is also obvious that an inanimate thing which is the cause of a hurt is apt to evoke a genuine feeling of resentment4 ,we kick the chair over which we stumble1 we curse the stone which hurts us2 ,dr ,nansen says that1 when he was crossing ,greenland1 it would have caused him quite real satisfaction to destroy a sledge which was 9999heavy to draw4#ha ,when we thus behave as if the offending object were capable of feeling our resentment1 we for a moment vaguely believe that it is alive4#hb ,but our anger very soon passes #bfc away when we realise the true nature of its object4 ,the case is different with men at earlier stages of civilisation4 ,they do not suppose that things which hurt them are senseless2 on the contrary1 they personify such things1 not only hastily and momentarily1 but deliberately and permanently2 hence their resentment lasts4 ,the ,guiana ,indian1 says ,sir ,e4 ,f4 ,im ,thurn1 attributes any calamity which may happen to him to the intention of the immediate instrument of its infliction1 and he not unnaturally sees in the action of this instrument evidence of its possession of a spirit4#hc ,trees1 especially1 are very commonly supposed to possess souls similar to those of men1 and are treated accordingly4#hd ,pausanias writes that lifeless things are said to have inflicted of their own accord a righteous punishment on men2 and as the best and most famous instance of this he mentions the sword of ,cambyses4#he ,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 suffered1 but as an object upon which their vengeance was to be wreaked4#hf ,it was called la bane1 that is1 the slayer2 ,bracton also calls it the malefactor4#hg ,it did not matter that its owner was recognised as innocent2 the punishment was not intended for him4#hh ,but in some well-defined cases the slayer was free from guilt4 ,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 indicates1 on account of the great dangers to which the vessel is exposed upon the raging waves in respect of the wind and tempest4#hi ,moreover1 if a boy under fourteen fell from a cart1 or from a horse1 it was #bfd no deodand1 because he was not of discretion to look to himself1 and so the cart1 or horse1 could not be regarded as blamable4 ,but if a cart ran over a boy1 or a tree fell upon him1 or a bull gored him1 it was deodand1 because1 apparently1 it went out of its way to kill him4#ij ,the fact of motion was one of considerable importance in the case of animals and inanimate things1 as it was in the case of men4 ,thus ,bracton would distinguish between the horse which throws a man and the horse off which a man tumbles1 between the tree that falls and the tree against which a man is thrown2 and1 as a general rule1 a thing was not a deodand unless it could be said movere ad mortem4#ia ,if anybody was drowned by falling from a ship under sail1 not only the ship itself but the things moving in it were deemed the cause of his death2 whereas the merchandise lying at the bottom of the vessel was not presumed to be guilty1 and consequently was not forfeited4#ib ,but if any particular merchandise fell upon a person and caused his death1 that merchandise became a deodand1 and not the ship4#ic ,as ,mr4 ,holmes observes1 a ship is the most persistent example of motion giving personality to a thing4 ,she is still personified not only in common parlance1 but in courts of justice4 ,in maritime cases of quite recent date judges of great repute have pronounced the proceeding to be1 not against the owner1 but against the vessel for an offence committed by the vessel4#id ,footnote #gh3 ,lex ,ripuariorum1 lxx4 #a4 ,footnote #gi3 ,liebrccht1 ,zur ,volkskund1 p4 #cac4 ,footnote #hj3 ,salvado1 ,mmoires historiques sur l',australie1 p4 #bfj sq4 ,footnote #ha3 ,nansen1 ,eskimo ,life1 p4 #bac sq4 ,footnote #hb3 ,cf4 ,dugald ,stewart1 ,philosophy of the ,active and ,moral ,powers of ,man1 i4 #abe2 ,hall1 ',study of ,anger1' in ,american ,journal of ,psychology1 x4 #ejf sq4 ,footnote #hc3 ,im ,thurn1 op4 cit4 p4 #ced4 ,footnote #hd3 ,see ,frazer1 ,golden ,bough1 i4 #afi sqq4 ,footnote #he3 ,pausanias1 i4 #bh4 #aa4 ,footnote #hf3 ,pollock and ,maitland1 ii4 #dgd4 ,footnote #hg3 ,bracton1 ,de ,legibus et ,consuetudinibus ,angli1 fol4 #aaf1 vol4 ii4 #bcf sq4 ,footnote #hh3 ,holmes1 ,common ,law1 p4 #be4 ,footnote #hi3 ,bracton1 op4 cit4 fol4 #abb1 vol4 ii4 #bhf sq4 ,coke1 op4 cit4 p4 #eh4 ,sir ,james ,stephen supposes 7op4 cit4 iii4 #gh7 that deodands were not in use at sea1 because the local customs of ,england did not extend to the high seas4 ,but ,coke expressly says 7p4 #eh7 that there can be no deodand of the ship even in aqua salsa1 being any arm of the sea1 though it be in the body of the ,county4 ,footnote #ij3 ,coke1 op4 cit4 p4 #eg4 ,hale1 ,history of the ,pleas of the ,crown1 i4 #dbb4 ,stephen1 op4 cit4 iii4 #gh4 ,footnote #ia3 ,bracton1 op4 cit4 fol4 #acf b1 vol4 ii1 #djj sq4 ,hale1 op4 cit4 i4 #dbj sqq4 ,pollock and ,maitland1 op4 cit4 ii4 #dgd1 n4 #d4 ,stephen1 op4 cit4 iii4 #gg4 ,holmes1 op4 cit4 p4 #be sq4 ,footnote #ib3 ,britton1 i4 #b4 #ad1 vol4 i4 #af4 ,footnote #ic3 ,hale1 op4 cit4 i4 #dbb4 ,footnote #id3 ,holmes1 op4 cit4 p4 #bi4 99 99 99 99 99 ,like the lower animals1 human beings in their earliest childhood are incapable of forming notions of right and wrong1 hence they are not responsible for any act of theirs4 ,responsibility commences with the dawn of a moral consciousness1 and increases along with the evolution of the intellect4 ,only by slow degrees the capacity of recognising #bfe act as right or wrong develops in the child4 ,it soon learns that certain acts are forbidden1 but to know that an act is forbidden is not the same as to recognise it as wrong4 ,nor does the knowledge of a moral rule involve the ability to apply that rule in particular cases4 ,nor can the youthful intellect be expected to possess the same degree of foresight as the intellect of a grown-up man4 ,hence the total or partial irresponsibility of childhood and early youth4 ,this irresponsibility is admitted by the laws of civilised nations4 ,in ,england1#ie ,scotland1#if and the ,united ,states1#ig children under seven are absolutely exempt from punishment4 ,in other modern countries criminal responsibility does not commence until the age of nine1#ih ten1#ii twelve1#ajj or fourteen4#aja ,in some it is to be decided in each case whether a child is punishable or not4#ajb ,thus the ,french ,code ,pnal provides that a person under eighteen years of age shall not be punished if it be decided that he has acted without discernment 7sans discernement7 whereas1 if he has acted with discernment 7avec discernement71 his punishment is to be mitigated according to a fixed scale4#ajc ,most laws set down an intermediate period between that of complete irresponsibility and that of complete responsibility4 ,according to ,english law there is a presumption that children from seven to fourteen are not possessed of the degree of knowledge essential to criminality1 though this presumption may be rebutted by proof to the contrary2#ajd and1 according to the ,german ,strafgesetzbuch1 a person from twelve to eighteen may be acquitted if1 when he committed the offence1 he did #bff not possess the intelligence requisite to know that it was criminal4#aje ,other laws1 again1 regard a certain age eo ipso as a ground of extenuation1 its upper limit being fixed sometimes at sixteen1#ajf sometimes at eighteen1#ajg sometimes at twenty1#ajh sometimes at twenty-one4#aji ,footnote #ie3 ,stephen1 op4 cit4 ii4 #ig sq4 ,footnote #if3 ,erskine-,rankine1 ,principles of the ,law of ,scotland1 p4 #edf4 ,footnote #ig3 ,bishop1 ,commentaries on the ,criminal ,law1 #cfh1 vol4 i4 #bji4 ,footnote #ih3 ,italian ,codice ,penale1 art4 #ec4 ,spanish ,cdigo ,penal reformado1 art4 #h1 #b4 ,footnote #ii3 ,austrian 7,finger1 op4 cit4 i4 #aaj71 ,dutch 7van ,hamel1 in ,lgislation pnale compare1 edited by von ,liszt1 p4 #ddd71 ,portuguese 7,tavares de ,medeiros1 ibid4 p4 #aii71 ,russian 7,foinitzki1 ibid4 p4 #ebi7 law4 ,footnote #ajj3 ,german ,strafgesetzbuch1 art4 #ee4 ,footnote #aja3 ,swedish 7,uppstrm1 in ,lgislation pnale compare1 p4 #dhc71 ,finnish 7,forsman1 ibid4 p4 #efe7 law4 ,footnote #ajb3 ,french1 ,belgian1 ,ottoman law 7,rivire1 ibid4 p4 #g74 ,footnote #ajc3 ,code ,pnal1 art4 #ff sqq4 ,footnote #ajd3 ,stephen1 op4 cit4 ii4 #ih4 ,kenny1 ,outlines of ,criminal ,law1 p4 #ej4 ,footnote #aje3 ,strafgesetzbuch1 art4 #ef4 ,footnote #ajf3 ,dutch law 7van ,hamel1 loc4 cit4 p4 #ddd74 ,footnote #ajg3 ,spanish 7,cdigo ,penal reformado1 art4 #i1 #b71 ,swedish 7,uppstrm1 loc4 cit4 p4 #dhd71 ,finnish 7,forsman1 loc4 cit4 p4 #eff7 law4 ,footnote #ajh3 ,austrian law 7,finger1 op4 cit4 i4 #aab74 ,footnote #aji3 ,italian 7,codice ,penale1 art4 #ef71 ,russian 7,foinitzki1 loc4 cit4 p4 #ebi71 ,portuguese 7,tavares de ,medeiros1 loc4 cit4 p4 #aii71 ,brazilian 7,codigo ,penal dos ,estados ,unidos do ,brazil1 art4 #db1 #aa7 law4 ,according to the ,ottoman ,penal ,code1 art4 #dj1 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 guilty4 ,roman law1 as it seems1 made out a prsumptio juris of general incapacity to commit a crime under puberty1 rebuttable by evidence of capacity1 at any rate in the age called next to puberty1 the limits of which are not clearly settled4#aaj ,in the ,irish ,book of ,aicill it is said that the man who incites a fool is he who pays for his crime2 and to this the ,commentary adds that a man is a fool till the end of seven years1 and a fool of half sense till the end of fourteen#aaa--;a provision similar to that of ,canon ,law4#aab ,according to ,muhammedan law1 the rule of talion is applicable only to persons of age4#aac ,in ,china criminal responsibility is affected not only by youth1 but by old age as well4 ,offenders whose age is not more than seven nor less than ninety years1 shall not suffer punishment in any case1 except in that of treason or rebellion4 ,any offender whose age is not more than ten nor less than eighty years1 4 4 4 shall1 when the crime is capital1 but not #bfg amounting to treason1 be recommended to the particular consideration and decision of ,his ,imperial ,majesty4 ,and any offender whose age is not more than fifteen1 nor less than seventy years 4 4 4 shall be allowed to redeem himself from any punishment less than capital1 by the payment of the established fine1 except in the case of persons condemned to banishment as accessories to the crimes of treason1 rebellion1 murder of three or more persons in one family1 or homicide by magic or poisoning1 upon all of which offenders the laws shall be strictly executed4#aad ,footnote #aaj3 ,clark1 ,analysis of ,criminal ,liability1 p4 #gj4 von ,jhering1 ,das ,schuldmoment im rmischen ,privatrecht1 p4 #db sqq4 ,mommsen ,rmisches ,strafrecht1 p4 #ge sq4 ,in the ,institutiones 7i4 #bb7 puberty is fixed at the completion of the fourteenth year for males1 and of the twelfth for females4 ,according to the ,law of the ,twelve ,tables1 children were punished for theft1 though less severely than adults 7,gellius1 ,noctes ,attic1 xi4 #ah4 #h4 ,pliny1 ,historia naturalis1 xviii4 #c74 ,footnote #aaa3 ,ancient ,laws of ,ireland1 iii4 #aeg4 ,footnote #aab3 ,katz1 ,grundriss des kanonischen ,strafrechts1 p4 #h4 ,footnote #aac3 ,sachau1 ,muhammedanisches ,recht1 p4 #gfb4 ,jaffur ,shurreef says 7,qanoon-e-,islam1 p4 #cf7 that1 among the ,muhammedans of ,india1 previous to the period of puberty all the good and evil deeds of boys and girls are laid to the charge of their parents4 ,footnote #aad3 ,ta ,tsing ,leu ,lee1 sec4 xxii4 sq4 ,according to early custom1 children who have committed an injury are sometimes1#aae but not always1#aaf subject to the rule of retaliation4 ,even in ,homeric ,greece1 manslaughter committed in childhood seems to have been visited with banishment for life4#aag ,in other cases parents are responsible for the deeds of their children4#aah ,among the ,west ,african ,fjort1 for instance1 children are not themselves liable for their actions1 but the injured party can claim compensation from the parents if he likes to do so4#aai ,among the ,teutons1 like the master for the slave1 the father answered for and made claims on behalf of the child4 ,the ceremony of investing him with arms as a wehrhaft1 or weapon-bearing member of the community1 was the usual period for the assumption of rights and liabilities2 and this customarily 7not always7 took place at the age of twelve4#abj ,according to ancient ,swedish law1 an injury was treated in the same way as if it had been accidental1 in case the offender was under the age of fifteen2#aba according to the ,icelandic ,grgs1 in case he was #bfh under sixteen4#abb ,however1 as we have seen1 accidental injuries had to be paid for4 ,where offences are dealt with according to the principle of compensation1 it is impossible to decide how far parents' liability for their children involves a recognition of the moral irresponsibility of the child1 or is simply due to the fact that children1 having no property1 are themselves unable to compensate4 ,that the latter point of view was largely adopted by early custom and law appears from the fact that1 when compensation was succeeded by punishment1 the period of irresponsibility was reduced4 ,in ,england the age-limit of twelve years1 which prevailed in ,anglo-,norman days1 was afterwards disregarded in criminal cases4#abc ,we read in the ,northumberland ,assize ,roll1 ,a4,d4 #abgi1 ,reginald 4 4 4 aged four1 by misadventure slew ,robert 4 4 4 aged two2 the justice granted that he might have his life and members because of his tender age4#abd ,a little later we hear that a child under the age of seven shall not suffer judgment in a case of homicide4#abe ,in #adeg1 an infant of four was held liable in trespass1 though the language of the court shows a disposition to exempt the infant4#abf ,from the eighteenth century instances are recorded of a girl of thirteen who was burnt for killing her mistress1 and of a boy of eight who was hanged for arson4#abg ,in #agdh1 a boy of ten1 being convicted for the murder of a girl of five1 was sentenced to death1 and all the judges to whom this case was reported agreed that1 in justice to the publick1 the law ought to take its course4 ,the execution1 however1 was respited1 and the boy at last had the benefit of ,his ,majesty's pardon4#abh ,it appears from these facts1 and from others of a similar character referring to continental countries1#abi that there has been a tendency to raise the age #bfi at which full legal responsibility commences4 ,and we have reason to hope that legislation has not yet said its last word on the subject4 ,footnote #aae3 ,senfft1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #ddi 7,marshall ,islanders74 ,miklosich1 ',blutrache bei den ,slaven1' in ,denkschriften d4 kaiserl4 ,akadamie d4 ,wissensch4 ,philos4-hist4 ,classe1 ,vienna1 xxxvi4 #aca 7,turks of ,daghestan74 ,see also supra1 p4 #bag sq4 ,footnote #aaf3 ,lang1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #beg 7,washambala74 ,footnote #aag3 ,iliad1 xxiii4 #he sqq4 ,cf4 ,mller1 ,dissertations on the ,eumenides1 p4 #ie4 ,footnote #aah3 ,nicole1 in ,steinmetz1 ,rechtsverhltnisse p4 #acb 7,diakit-,sarrakolese74 ,marx1 ibid4 p4 #ceg 7,amahlubi74 ,footnote #aai3 ,dennett1 in ,jour4 ,african ,society1 i4 #bgf4 ,footnote #abj3 ,wigmore1 ',responsibility for ,tortious ,acts1' in ,harvard ,law ,review1 vii4 #ddg4 ,footnote #aba3 ,wilda1 ,strafrecht der ,germanen1 p4 #fdb sq4 ,nordstrm1 ,bidrag till den svenska samhlls-frfattningens historia1 ii4 #gc4 ,cf4 von ,amira1 ,nordgermanisches ,obligationenrecht1 i4 #cge sq4 ,footnote #abb3 ,grgs1 ,vigsloi1 #cb1 vol4 ii4 #fc4 ,footnote #abc3 ,wigmore1 loc4 cit4 p4 #ddg4 ,footnote #abd3 ,three ,early ,assize ,rolls for the ,county of ,northumberland1 p4 #cbc4 ,footnote #abe3 ,pollock and ,maitland1 op4 cit4 ii4 #hd4 ,footnote #abf3 ,wigmore1 loc4 cit4 p4 #ddg sq4 n4 #g4 ,footnote #abg3 ,wilson1 ,history of ,modern ,english ,law1 p4 #abd4 ,footnote #abh3 ,foster1 ,report of ,crown ,cases1 p4 #gj sqq4 ,footnote #abi3 ,trummer1 op4 cit4 i4 #dbh1 #dcb sqq4 7,germany74 ,jousse1 ,trait de la justice criminelle de ,france1 ii4 #fag2 ,tissot1 ,droit pnal1 i4 #cj 7,france74 99 99 99 99 99 ,the principle that intellectual incapacity lessens or excludes responsibility also applies to idiots and madmen4 ,though idiots are able to acquire some knowledge of general moral rules1 the application of those rules is frequently beyond their powers2#acj and their capacity of foreseeing the consequences of their acts is necessarily very restricted4 ,the same to some extent holds good of madmen2 but1 as will be shown in the next chapter1 there is another ground for their irresponsibility besides the derangement of the intellect4 ,footnote #acj3 von ,krafft-,ebing1 ,lehrbuch der gerichtlichen ,psychopathologie1 p4 #gj4 ,all modern laws admit that1 at least under certain circumstances1 idiocy or madness exempts a person from criminal responsibility4 ,according to ,roman law1 lunatics were even free from the obligation of paying indemnities for losses inflicted by them2#aca and so mild was their lot at ,rome1 that it became a practice for citizens to shirk their public duties by feigning madness4#acb ,even savages recognise that lunatics and maniacs are not responsible for their deeds4 ,the ,abipones maintained that it was wrong and irrational to use arms against those who are not in possession of their senses4#acc ,among the ,north ,american ,potawatomis many are said to be 'foolish1' and not sensible of crime4#acd ,the ,iroquois are persuaded that a person who is not in his right senses is not to be reprehended1 or at least not to be punished4#ace ,hennepin states that they had one day in the year which might be called the ,festival of ,fools2 for in fact they pretended to be mad1 rushing from hut to hut1 so that if they ill-treated any one or carried off anything1 they would say next day1 #bgj ',i was mad2 ,i had not my senses about me4' ,and the others would accept this explanation and exact no vengeance4#acf ,the ,melanesians are sorry for lunatics and are kind to them1 though their remedies are rough2 at ,florida1 for instance1 a man went out of his mind1 chased people1 stole things and hid them1 but no one blamed him1 because they knew that he was possessed by a tindalo ghost4#acg ,among the ,west ,african ,fjort fools and idiots are not responsible personally for their actions4#ach ,among the ,wadshagga crimes committed by lunatics are judged of more leniently than others4#aci ,among the ,matabele madmen1 being supposed to be possessed of a spirit1 were formerly under the protection of the ,king4#adj ,in ,eastern ,africa the natives say of an idiot or a lunatic1 ,he has fiends4#ada ,el ,hajj 7,abdssalam ,shabeeny states that in ,hausaland a man guilty of a crime1 who in the opinion of the judge is possessed by an evil spirit1 is not punished4#adb ,footnote #aca3 von ,vangerow1 ,lehrbuch der ,pandekten1 iii4 #cf4 von ,jhering1 ,das ,schuldmoment im rmischen ,privatrecht1 p4 #db4 ,thon1 ,rechtsnorm und subjectives ,recht1 p4 #ajf1 n4 #gj4 ,footnote #acb3 ,digesta1 xxvii4 #aj4 #f4 ,footnote #acc3 ,dobrizhoffer1 ,account of the ,abipones1 ii4 #bcd4 ,footnote #acd3 ,keating1 ,expedition to the ,source of ,st4 ,peter's ,river1 i4 #abg4 ,footnote #ace3 ,charlevoix1 ,voyage to ,north ,america1 ii4 #bd sq4 ,footnote #acf3 ,hennepin1 ,description de la ,louisiane1 ,les ,moeurs des ,sauvages1 p4 #ga sq4 ,footnote #acg3 ,codrington1 ,melanesians1 p4 #bah4 ,footnote #ach3 ,dennett1 in ,jour4 ,african ,society1 i4 #bgf4 ,footnote #aci3 ,merker1 quoted by ,kohler1 in ,zeitschr4 f4 vergl4 ,rechtswiss4 xv4 #fd4 ,footnote #adj3 ,decle1 ,three ,years in ,savage ,africa1 p4 #aed4 ,footnote #ada3 ,burton1 ,lake ,regions of ,central ,africa1 ii4 #cbj4 ,footnote #adb3 7,abdssalam ,shabeeny1 ,account of ,timbuctoo and ,housa1 p4 #di4 ,the idea that derangement of the mind is due to spiritual possession1 often makes the idiot or the insane an object of religious reverence4#adc ,the ,macusis regard lunatics as holy4#add ,the ,brazilian ,paravilhana believe that idiots are inspired4#ade ,according to ,schoolcraft1 regard for lunatics1 or the demented members of the human race1 is a universal trait among the ,american tribes4#adf ,so1 also1 the ,african ,barolong give a kind of worship to deranged persons1 who are said to be under the direct influence of a deity4#adg ,a certain kind of madness was regarded by the ancient ,greeks as a divine gift1 and consequently as superior to a sane mind4#adh ,lane states that1 among the modern #bga ,egyptians1 an idiot or a fool is vulgarly regarded as a being whose mind is in heaven1 while his grosser part mingles among ordinary mortals2 consequently he is considered an especial favourite of heaven4 ,whatever enormities a reputed saint may commit 7and there are many who are constantly infringing precepts of their religion71 such acts do not affect his fame for sanctity2 for they are considered as the results of the abstraction of his mind from worldly things--his soul1 or reasoning faculties1 being wholly absorbed in devotion--so that his passions are left without control4 ,lunatics who are dangerous to society are kept in confinement1 but those who are harmless are generally regarded as saints4#adi ,the same holds good of ,morocco4 ,lunatics are not even obliged to observe the ,ramadan fast1 the most imperative of all religious duties2 of a person who1 instead of abstaining from all food till sunset1 was taking his meal in broad daylight in the open street1 ,i heard the people forgivingly say1 ,the poor fellow does not know what he is doing1 his mind is with ,god4#aej ,footnote #adc3 ,cf4 ,tylor1 ,primitive ,culture1 ii4 #abh4 ,footnote #add3 ,andree1 ,ethnographische ,parallelen1 ,neue ,folge1 p4 #c4 ,footnote #ade3 von ,martius1 ,beitrge zur ,ethnographie ,amerika's1 i4 #fcc4 ,footnote #adf3 ,schoolcraft1 ,indian ,tribes of the ,united ,states1 iv4 #di4 ,footnote #adg3 ,tylor1 ,primitive ,culture1 ii4 #acj4 ,footnote #adh3 ,plato1 ,phdrus1 p4 #bdd4 ,footnote #adi3 ,lane1 ,manners and ,customs of the ,modern ,egyptians1 p4 #bcg4 ,footnote #aej3 ,cf4 ,grberg di ,hems1 ,specchio geografico1 e statistico dell' impero ,marocco1 p4 #ahb sq4 ,on the other hand there are peoples who treat their lunatics in a very different manner4 ,the tribes of ,western ,victoria put them to death1 as they have a very great dread of mad people4#aea ,in ,kar ,nicobar madness is said to be the only cause for a death penalty that seems to exist there1 the afflicted individual being garrotted with two pieces of bamboo2#aeb but this practice seems to be a method of getting rid of a dangerous individual1 rather than a penalty in the proper sense of the word4 ,among the ,washambala a lunatic who commits homicide is killed--as our informant observes1 not really on account of his deed1 but in order to prevent him from causing further mischief4#aec ,among the ,turks of ,daghestan1 we are told1 mad people are subject to the rule of blood-revenge4#aed ,footnote #aea3 ,dawson1 op4 cit4 p4 #fa4 ,footnote #aeb3 ,distant1 in ,jour4 ,anthr4 ,inst4 iii4 #f4 ,footnote #aec3 ,lang1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #beg4 ,footnote #aed3 ,miklosich1 loc4 cit4 p4 #aca4 #bgb ,in ,china lunatics are held responsible for their acts1 although the ordinary penalty applicable is commuted1 as for instance1 in murder to imprisonment with fetters subject to ,his ,majesty's pleasure4 ,but when a lunatic deliberately kills his parents or grandparents1 a representation will not serve2 he is to be executed at once on the spot where the murder was committed or on the city execution ground1 and the sentence--slicing to pieces--is to be carried out in all its horror though the lunatic be already dead4#aee ,footnote #aee3 ,alabaster1 ,commentaries on ,chinese ,law1 pp4 #ic1 #if4 ,cf4 ,douglas1 ,society in ,china1 pp4 #gb1 #abb4 ,according to ancient ,welsh law1 no vengeance is to be exercised against an idiot1#aef nor is the king to have any fine for the act of such a person4#aeg ,but1 if idiots kill other persons1 let galanas that is1 blood-money be paid on their behalf1 as for other persons2 because their kindred ought to prevent them doing wrong4#aeh ,the ,swedish provincial laws treated an injury committed by a lunatic in the same manner as an injury by misadventure1 provided that the relatives of the injurer had publicly announced his madness1 or1 according to some laws1 had kept him tied in bonds which he had broken2 but if they had omitted to do so1 the injury was treated as if it had been done wilfully4#aei ,the ,icelandic ,grgs 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 crime4#afj ,in ,england1 in the times of ,edward ,,ii4 and ,edward ,,iii41 proof of madness appears not to have entitled a man to be acquitted1 at least in case of murder1 but to a special verdict that he committed the offence when mad1 and this gave him a right to pardon4#afa ,such a right1 indeed1 implies the admission that lunacy has a claim to forbearance2 but from what we know about the treatment of lunatics during the ,middle ,ages and much later1 we cannot be sure that the insane offender escaped #bgc all punishment4 ,in a case which occurred in #acae1 it was presented that a certain lunatic wounded himself with a knife1 and finally died of his wounds2 his chattels were confiscated4#afb ,lord ,bacon says in his ',maxims of the ,law1' ,if an infant within years of discretion1 or a madman1 kill another1 he shall not be impeached thereof3 but if he put out a man's eye1 or do him like corporal hurt1 he shall be punished in trespass2 in these latter cases1 the law doth rather consider the damage of the party wronged1 than the malice of him that was the wrong-doer4#afc ,in none of the ,german town-laws before the beginning of the seventeenth century is there any special provision for the offences of lunatics2#afd and1 according to the ,statutes of ,hamburg of #afje1 though a madman who kills a person shall not be punished as an ordinary manslayer1 he is yet to be punished4#afe ,in ,germany recognised idiots and madmen were not seldom punished with great severity1 and even with death1 in the seventeenth and eighteenth centuries4#aff ,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 times4#afg ,many of them were burnt as witches or heretics1 or treated as ordinary criminals4 ,for unruly and crazy people1 who nowadays would be comfortably located in an asylum1 whipping-posts and stocks were made use of4 ,shakespeare speaks of madmen as deserving a dark house and a whip2#afh and ,swift observes that original people like ,diogenes and others1 if they had lived in his day1 would have been treated like madmen1 that is1 would have incurred manifest danger of phlebotomy1 and whips1 and chains1 and dark chambers1 and straw4#afi ,the writings of #bgd ,esquirol1 the parliamentary debates on the asylums of ,bedlam and ,york1 and the reports presented under the auspices of ,la ,rochefoucauld to the ,national ,assembly of #aghi1 contain a picture unique in its sadness--a picture of prisons in which lunatics1 criminal lunatics1 and criminals are huddled together indiscriminately without regard to sex or age1 of asylums in which the maniac1 to whom motion is an imperious necessity1 is chained in the same cell with the victim of melancholia whom his ravings soon goad into furious madness1 and of hospitals in which the epileptic1 the scrofulous1 the paralytic and the insane sleep side by side--a picture of cells1 dark1 foul1 and damp1 with starving1 diseased1 and naked inmates1 flogged into submission1 or teased into fury for the sport of idle spectators4#agj ,footnote #aef3 ,dimetian ,code1 ii4 #a4 #cb 7,ancient ,laws and ,institutes of ,wales1 p4 #bjj74 ,footnote #aeg3 ,venedotian ,code1 ii4 #bh4 #c 7ibid4 p4 #ih74 ,footnote #aeh3 ,welsh ,laws1 iv4 #a4 #b 7ibid4 p4 #chi74 ,footnote #aei3 von ,amira1 ,nordgermanisches ,obligationenrecht1 i4 #cge4 ,footnote #afj3 ,grgs1 ,vigsloi1 #cc1 vol4 ii4 #fd4 ,footnote #afa3 ,stephen1 op4 cit4 ii4 #aea4 ,footnote #afb3 ,wigmore1 loc4 cit4 p4 #ddf4 ,footnote #afc3 ,bacon1 ,maxims of the ,law1 reg4 #g 7,works1 vii4 #cdg sq474 ,footnote #afd3 ,trummer1 op4 cit4 i4 #dbh4 ,footnote #afe3 ,ibid4 i4 #dcb4 ,footnote #aff3 ,ibid4 i4 #dch sqq4 ,footnote #afg3 ,see ,tuke1 ,chapters in the ,history of the ,insane in the ,british ,isles1 p4 #dc sq42 ,maudsley1 ,responsibility in ,mental ,disease1 p4 #aj sq42 ,lecky1 ,history of ,european ,morals1 ii4 #he sqq4 ,footnote #afh3 ,shakespeare1 ,as you ,like it1 iii4 #b4 ,footnote #afi3 ,swift1 ,tale of a ,tub1 sec4 #i 7,works1 x4 #afc74 ,footnote #agj3 ,wood-,renton1 ',moral ,mania1' in ,law ,quarterly ,review1 iii4 #cdj4 ,whatever share indifference to human suffering may have had in all these atrocities and all this misery1 it is likely that thoughtlessness1 superstition1 and ignorance have had a much larger share4 ,we have noticed that1 when a certain deed gives a shock to public feelings1 the circumstances in which it has been committed are easily lost sight of4 ,considering that the ,chinese punish persons who have killed their father or mother by pure accident1 it is not surprising that they punish madmen who kill a parent wilfully4 ,even a man like ,smollett1 the well-known writer1 thought it would be neither absurd nor unreasonable for the legislature to divest all lunatics of the privilege of insanity in cases of enormity1 and to subject them to the common penalties of the law4#aga ,moreover1 as we have seen1 madness is often attributed to demoniacal possession1#agb and in other cases it is regarded as a divine punishment4#agc ,from a pagan #bge point of view this would make the lunatic an object of pity or dread1 rather than of indignation2 as the ,roman legislator said1 the insane murderer ought not to be punished1 because his insanity itself is a sufficient penalty4#agd ,but in ,christian ,europe1 where up to quite recent times men were ever ready to punish ,god's enemies1 a lunatic1 who was supposed to have the devil in him1 or whose affliction was regarded as the visitation of ,god upon heresy or sin1#age was a hateful individual and was treated accordingly4 ,finally1 we have to take into account that the sensibility of a lunatic was thought to be inferior to that of a sane person2#agf that the mental characteristics of insanity were little understood2 and that1 in consequence1 many demented persons were treated as if they were sane because they were thought to be sane1 and others1 though recognised as lunatics1 were treated as responsible because they were thought to be responsible4 ,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 lawyers4 ,footnote #aga3 ,smollett1 quoted by ,tuke1 op4 cit4 p4 #if4 ,footnote #agb3 ,see also ,doughty1 ,arabia ,deserta1 i4 #beh sq42 ,westermarck1 ',nature of the ,arab v,ginn illustrated by the ,present ,beliefs of the ,people of ,morocco1' in ,jour4 ,anthr4 ,inst4 xxix1 #bed2 ,andree1 op4 cit4 p4 #b sq42 ,tuke1 op4 cit4 p4 #a2 ,pike1 ,history of ,crime in ,england1 i4 #ci2 von ,krafft-,ebing1 op4 cit4 p4 #e4 ,footnote #agc3 ,plato1 ,leges1 ix4 #hed4 ,esquirol1 ,des maladies mentales1 i4 #ccf4 ,footnote #agd3 ,digesta1 i4 #ah4 #ad2 xlviii4 #i4 #i4 ,footnote #age3 ,wood-,renton1 loc4 cit4 p4 #cci4 ,footnote #agf3 ,ibid4 p4 #cci4 ,from the year #agbd 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 memory1 and doth not know what he is doing1 no more than an infant1 than a brute1 or a wild beast4#agg ,from the beginning of the nineteenth century1 the power of distinguishing right from wrong in the abstract was regarded as the test of responsibility2#agh whilst in the existing doctrine1 dating from the trial of ,m7,naughten in #ahdc1 the question of knowledge of right and wrong1 instead of being put generally and indefinitely1 is put in reference to the particular act at the particular time of committing it4#agi ,this series of doctrines certainly shows a noteworthy progress #bgf in discrimination4 ,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 ,m7,naughten's case still display an ignorance which would nowadays be hardly possible4 ,in reply to the question--,if a person under an insane delusion as to existing facts1 commits an offence in consequence thereof1 is he thereby excused8--the judges declared that1 on the assumption that he labours under such partial delusion only1 and is not in other respects insane1 4 4 4 he must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real4 ,for example1 if under the influence of his delusion he supposes another man to be in the act of attempting to take away his life1 and he kills that man1 as he supposes1 in self-defence1 he would be exempt from punishment4 ,if his delusion was that the deceased had inflicted a serious injury to his character and fortune1 and he killed him in revenge for such supposed injury1 he would be liable to punishment4#ahj ,the mistake committed in this answer does not lie in the conclusion1 but in the premise4 ,here1 as ,professor ,maudsley observes1 is an unhesitating assumption that a man1 having an insane delusion1 has the power to think and act in regard to it reasonably2 that1 at the time of the offence1 he ought to have and to exercise the knowledge and self-control which a sane man would have and exercise1 were the facts with respect to which the delusion exists real2 that he is1 in fact1 bound to be reasonable in his unreason1 sane in his insanity4#aha ,modern science1 however1 teaches us another lesson4 ,it has shown that a delusion of the kind suggested never stands alone1 but is in all cases the result of a disease of the brain which interferes more or less with every function of the mind1 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 #bgg them4#ahb ,a perhaps still greater defect in the doctrine of the fourteen judges is the absence of all reference to the influence of insane impulses2 but with this subject we are not concerned at present4 ,in this connection my object has been merely to show that the irresponsibility of the insane1 in so far as it depends on intellectual derangement1 has been generally recognised in proportion as their intellectual derangement has been recognised1 and that the exceptions to this rule are explicable from beliefs which1 though materially affecting the treatment of the insane1 have no reference to the principle of responsibility itself4 ,footnote #agg3 ,howell1 ,collection of ,state ,trials1 xvi4 #gfe4 ,footnote #agh3 ,harris1 ,principles of the ,criminal ,law1 p4 #ah4 ,kenny1 op4 cit4 p4 #ec4 ,footnote #agi3 ,clark and ,finnelly1 ,reports of ,cases decided in the ,house of ,lords1 x4 #bjb4 ,footnote #ahj3 ,ibid4 x4 #baa4 ,footnote #aha3 ,maudsley1 op4 cit4 p4 #ig4 ,footnote #ahb3 ,griesinger1 ,mental ,pathology and ,therapeutics1 p4 #gb sq4 ,maudsley1 op4 cit4 p4 #if4 99 99 99 99 99 ,there are temporary states of mind in which the agent no more knows what he is doing than an idiot or a madman1 such as somnambulism1 narcosis1 fury4 ,for these states1 of course1 the rule holds good1 that nobody is responsible for what he does in ignorance1 although he may be responsible for his ignorance4 ,responsibility in connection with anger and rage will be more appropriately dealt with in another place4 ,i shall here restrict myself to the case of drunkenness4 ,a person is irresponsible1 or only partly responsible1 for what he does when drunk1 according as he is ignorant of the nature of his act1 as also in so far as the intoxicant contributed to the rise of some powerful impulse which determined his will4 ,if he commits an offence in a state of extreme intoxication1 he can reasonably be blamed only for what he did when sober4 ,if he made himself drunk for the purpose of committing the offence1 then the offence is intended1 and he is equally responsible for his act as if he had accomplished it straightway4 ,if he became intoxicated without any fault of his1 for instance1 if he did not know1 and could not know1 the intoxicating quality of the liquor which made him drunk1 he is free from blame4 ,but in other cases he is guilty of heedlessness1 or rashness1 or1 if he foresaw the danger1 of blamable indifference to #bgh the probable consequences of his act4 ,this is the clear theory of the question4 ,but we cannot expect to find it accurately expressed in practice4 ,very generally drunkenness is recognised as a ground of extenuation4 ,we hear from various sources that the ,north ,american ,indians were exceedingly merciful to intoxicated offenders4 ,according to ,charlevoix1 the ,iroquois suffer themselves to be ill used by drunken people1 without defending themselves1 for fear of hurting them4 ,if you endeavour to shew them the folly of this conduct1 they say1 ',why should we hurt them8 ,they know not what they do4' ,even if a savage kills another belonging to his cabin1 if he is drunk 7and they often counterfeit drunkenness when they intend to commit such actions71#ahc all the consequence is1 that they pity and weep for the dead4 ',it is a misfortune 7they say71 the murderer knew not what he did4'#ahd ,james makes a similar statement with reference to the ,omahas4#ahe ,in his description of the aborigines of ,pennsylvania1 ,blome observes1 ,it is rare that they fall out1 if sober2 and if drunk they forgive it1 saying1 it was the drink1 and not the man that abused them4#ahf ,benjamin ,franklin tells us of some ,indians who had misbehaved in a state of intoxication1 and in consequence sent three of their old men to apologise2 the orator acknowledged the fault1 but laid it upon the rum1 and then endeavoured to excuse the rum4#ahg ,the detestable deeds which men did under the influence of pulcre1 or the native ,mexican wine1 the ,aztecs attributed to the god of wine or to the wine itself1 and not in the least to the drunken man4 ,indeed1 if anybody spoke ill of or insulted an intoxicated person1 he was liable to be punished for disrespect to the god by which that person was supposed to be possessed4 #bgi ,hence1 says ,sahagun1 it was believed1 not without ground1 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 sober4#ahh ,footnote #ahc3 ,cf4 ,hennepin1 op4 cit4 p4 #ga4 ,footnote #ahd3 ,charlevoix1 op4 cit4 ii4 #bc1 #be4 ,according to ,loskiel 7,history of the ,mission of the ,united ,brethren among the ,indians in ,north ,america1 i4 #af71 the ,iroquois1 though they laid all the blame on the rum1 punished severely murder committed in drunkenness4 ,footnote #ahe3 ,james1 ,expedition from ,pittsburgh to the ,rocky ,mountains1 i4 #bfe4 ,footnote #ahf3 ,blome1 in ,buchanan1 ,north ,american ,indians1 p4 #cbh4 ,footnote #ahg3 ,franklin1 ,autobiography1 ch4 ix4 7,works1 i4 #afd74 ,footnote #ahh3 ,sahagun1 ,historia general de las cosas de ,nueva ,espaa1 i4 #bb1 vol4 i4 #dj4 ,among the ,karens of ,india men are not unfrequently killed in drunken broils2 but such cases are not allowed by ,karen custom to be a cause of action4 ,no price can be demanded for persons who lose their lives in such circumstances4 ,it is argued there was no malice1 no intention to kill2 and the person who died was perhaps as much to blame as the man who killed him2 and people are not well responsible for what they do in a state of intoxication4#ahi ,among the ,kandhs1 for wounds1 however serious1 given under circumstances of extreme provocation1 or in a drunken squabble1 slight compensation is awarded4#aij ,among some of the ,marshall ,islanders blood-revenge is generally not taken for an act of homicide which has been committed in drunkenness1 compensation being accepted instead4#aia ,so1 also1 according to the ancient law of the ,east ,frisians1 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 slain4#aib ,footnote #ahi3 ,mason1 in ,jour4 ,as4 ,soc4 ,bengal1 xxxvii4 pt4 ii4 #adf4 ,footnote #aij3 ,macpherson1 ,memorials of ,service in ,india1 p4 #hb4 ,footnote #aia3 ,jung1 quoted by ,kohler1 in ,zeitschr4 f4 vergl4 ,rechtswiss4 xiv4 #ddf4 ,footnote #aib3 ,das ,ostfriesische ,land-,recht1 iii4 #ah4 ,roman law regarded drunkenness as a ground of extenuation2#aic the ,jurist ,marcian mentions ebrietas as an example of impetus1 thereby intimating that a drunken person1 when committing a crime1 should not be put on the same footing with an offender acting in cold blood1 and calculating his act with clear consciousness4#aid ,in ,canon law drunkenness is said to be a ground which deserves the indulgence of a reasonable judge1 because whatever is done in that state is done without consciousness on the part of the actor4#aie ,indeed1 had not ,god shown #bhj indulgence for the offence committed by ,lot when drunk8#aif ,partly on the authority of ,roman law1 partly on that of ,canon law1 the earliest practitioners of the ,middle ,ages followed the principle that drunkenness is a ground of extenuation2 and this doctrine remained strongly rooted in the later jurisprudence1 in which a drunken person was likened to one under the influence of sleep1 or drunkenness was regarded as equivalent to insanity4#aig ,it was not until the sixteenth century that a mere general rule1 with regard to drunkenness as a ground of extenuation1 was felt to be insufficient4 ,since the time of ,clarus1 especially1 the opinion began to prevail1 that the effect of the highest degree of drunkenness was1 indeed1 to exempt from the punishment of dolus1 but that the offender was still subject to the punishment of culpa1 except in two cases1 namely1 first1 when he inebriated himself intentionally1 and with a consciousness that he might commit a crime while drunk1 in which case the drunkenness was not allowed to be any ground of exculpation at all2 and1 secondly1 when he became intoxicated without any fault on his part1 as1 for example1 in consequence of inebriating substances having been mingled with his wine by his comrades1 in which case he was relieved even from the punishment of culpa4#aih ,these views1 in the main1 gradually determined the ,german practice1 and similar opinions prevailed in the practice of ,italy1 ,spain1 ,portugal1 and the ,netherlands4#aii ,in the annals of ,prussian criminal justice of #ahbd1 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 drunkenness4#bjj ,in other countries a different principle was acted upon4 ,an ordinance of ,francis ,i4 declared that drunkenness should not in any case absolve from the ordinary punishment2#bja and this rule was sanctioned and #bha applied by the later ,french jurisprudence4#bjb ,in the ,code ,pnal1 the state of drunkenness is not mentioned as a mitigating circumstance2 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 exculpation4#bjc ,in ,england1#bjd ,scotland1#bje and the ,united ,states1#bjf a state of voluntary drunkenness is no excuse for crime4 ,speaking of a person who commits homicide when drunk1 ,hale says that by the laws of ,england such a person shall have no privilege by this voluntary contracted madness1 but shall have the same judgment as if he were in his right senses4#bjg ,however1 in a case where the intention with which the act was done is the essence of the offence1 the drunkenness of the accused may be taken into account by the jury when considering the motive or intent with which he acted4#bjh ,according to ,chinese law1 also1 intoxication does not affect the question of responsibility4#bji ,footnote #aic3 ,digesta1 xlviii4 #ai4 #aa4 #b2 xlix4 #af4 #f4 #g4 ,mommsen1 ,rmisches ,strafrecht1 p4 #ajdc4 ,footnote #aid3 ,digesta1 xlviii4 #ai4 #aa4 #b4 ,footnote #aie3 ,gratian1 ,decretum1 ii4 #ae4 #a4 #g4 ,footnote #aif3 ,ibid4 ii4 #ae4 #a4 #i4 ,footnote #aig3 ,mittermaier1 ,effect of ,drunkenness on ,criminal ,responsibility1 p4 #f4 ,footnote #aih3 ,clarus1 ,practica criminalis1 qu4 lx4 nr4 #aa 7,opera omnia1 ii4 #dfb74 ,footnote #aii3 ,mittermaier1 op4 cit4 p4 #g4 ,du ,boys1 ,histoire du droit criminel de l',espagne1 p4 #bij4 ,italian ,codice ,penale1 art4 #df sqq4 ,spanish ,cdigo ,penal reformado1 art4 #i1 #f4 ,footnote #bjj3 ,zeitschr4 f4 die ,criminal-,rechts-,pflege in den ,preussischen ,staaten1 edited by ,hitzig1 iii4 #fj4 ,footnote #bja3 ,isambert1 ,decrusy1 and ,armet1 ,recueil gnral des anciennes lois franaises1 xii4 #ebg4 ,footnote #bjb3 ,mittermaier1 op4 cit4 p4 #h4 ,footnote #bjc3 ,ibid4 p4 #ab sq4 ,rivire1 loc4 cit4 p4 #g4 ,footnote #bjd3 ,stephen1 ,history of the ,criminal ,law of ,england1 ii4 #afe4 ,footnote #bje3 ,hume1 ,commentaries on the ,law of ,scotland1 i4 #ch4 ,erskine-,rankine1 op4 cit4 p4 #ede4 ,footnote #bjf3 ,bishop1 op4 cit4 #djj sq4 vol4 i4 #bca sqq4 ,footnote #bjg3 ,hale1 op4 cit4 i4 #cb4 ,footnote #bjh3 ,harris1 op4 cit4 p4 #ba4 ,stephen1 ,digest1 art4 #cb1 p4 #bb4 ,footnote #bji3 ,giles1 ,strange ,stories from a ,chinese ,studio1 ii4 #cj1 n4 #b4 ,the great forbearance with which injuries inflicted in a state of intoxication are treated by various peoples at comparatively low stages of civilisation1 is no doubt1 to some extent1 due to lack of foresight4 ,failing to anticipate the harmful consequences which may follow from drunkenness1 they also fail to recognise the culpability of indulging in it4 ,the ,american ,indians are notorious drunkards1 and look upon drunkenness as a delightful frolick4#baj ,among the ,kandhs drunkenness is likewise universal1 and their orgies are evidently not regarded as displeasing to their gods4#baa ,the belief that an intoxicated person is possessed with a demon and acts under its influence1 also helps #bhb to excuse him4#bab ,on the other hand1 where the law makes no difference between an offender who is sober and an offender who is drunk1 the culpability of the latter is exaggerated in consequence of the stirring effect which the outward event has upon public feelings4 ,so great is the influence of the event that certain laws1 most unreasonably1 punish a person both for what he does when drunk and for making himself drunk4 ,thus ,aristotle tells us that legislators affixed double penalties to crimes committed in drunkenness4#bac ,the same was done by ,charles ,v41 in an edict of #aeca1bad and by ,francis ,i4 in #aecf4bae ,hardly more reasonable is it that the very society which shows no mercy whatever to the intoxicated offender1 is most indulgent to the act of intoxication itself when not accompanied by injurious consequences4 ,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 results4 ,it has also been said that1 if drunkenness were allowed to excuse1 the gravest crimes might be committed with impunity by those who either counterfeited the state or actually assumed it4 ,some people even maintain that inebriation brings out a person's true character4 ,in a ,chinese story we read1 ,many drunkards will tell you that they cannot remember in the morning the extravagances of the previous night1 but ,i tell you this is all nonsense1 and that in nine cases out of ten those extravagances are committed wittingly and with malice prepense4#baf ,however1 with all allowance for such considerations1 ,i venture to believe that in this1 as in many other cases where an injury results from want of foresight1 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 source4 ,footnote #baj3 ,adair1 ,history of the ,american ,indians1 p4 #e4 ,catlin1 ,north ,american ,indians1 ii4 #bea4 ,colden1 in ,schoolcraft1 ,indian ,tribes1 iii4 #aia4 ,prescott1 ibid4 iii4 #bdb4 ,james1 op4 cit4 i4 #bfe4 ,footnote #baa3 ,campbell1 ,wild ,tribes of ,khondistan1 p4 #afe4 ,macpherson1 op4 cit4 p4 #ha sq4 ,footnote #bab3 ,cf4 ,dorsey1 ',siouan ,cults1' in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #dbd4 ,footnote #bac3 ,aristotle1 ,ethica ,nicomachea1 iii4 #e4 #h4 ,footnote #bad3 ,damhouder1 ,praxis rerum criminalium1 lxxxiv4 #bj1 p4 #bda4 ,footnote #bae3 ,isambert1 ,decrusy1 and ,armet1 op4 cit4 xii4 #ebg4 ,footnote #baf3 ,giles1 op4 cit4 ii4 #cj4 ,,chapter ,,xi ,,motives ,,no enlightened and conscientious moral judge can regard his judgment as final1 unless he know the motive1 or motives1 of the volition by which his judgment is occasioned4 ,but in ordinary moral estimates little attention is paid to motives4 ,men desire that certain acts should be performed1 and that certain other acts should be abstained from4 ,the conative causes of acts or forbearances are not equally interesting1 and they are often hidden4 ,they are considered only in proportion as the moral judgment is influenced by reflection4 ,take1 for instance1 acts which are performed from a sense of duty4 ,it is commonly said that a person ought to obey his conscience4 ,yet1 in point of fact1 by doing so he may expose himself to hardly less censure than does the greatest villain4 ,the reason for this is not far to seek4 ,a man's moral conviction is to some extent an expression of his character1 hence he may be justly blamed for having a certain moral conviction4 ,and the blame which he may deserve on that account is easily exaggerated1 partly because people are apt to be very intolerant concerning opinions of right and wrong which differ from their own1 partly owing to the influence which external events exercise upon their minds4 ,somewhat greater discrimination is shown in regard to motives consisting of powerful non-volitional conations which in no way represent the agent's character1 but to which #bhd he yields reluctantly1 or by which he is carried away on the spur of the moment4 ,in many such cases even the law--which regards it as no excuse if a person commits a crime from a feeling of duty#a--;displays more or less indulgence to the perpetrator of a harmful deed4 ,footnote #a3 ,cf4 the case ,reg4 v4 ,morby1 ,law ,reports1 ,cases determined in the ,queen's ,bench ,division1 viii4 #ega sqq4 ,thus1 in the eye of the law1 compulsion is oftentimes a ground of extenuation4 ,strictly speaking1 a volition can never be compelled into existence2#b to act under compulsion really means to act under the influence of some non-voluntary motive1 so powerful that every ordinary human will would yield to it4 ,as ,aristotle puts it1 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 endure1 and such that no man could undergo them4 ,and yet1 perhaps1 there are some things which a man must never allow himself to be compelled to do1 but must rather choose death by the most exquisite torments4#c ,this principle has been in some degree recognised by legislation4 ,in many cases of felony1 if a married woman commits the crime in the presence of her husband1 the law of ,england presumes that she acts under his coercion1 and therefore excuses her from punishment1 unless the presumption of law is rebutted by evidence2#d but children and servants are not acquitted if committing crimes by the command of a parent or a master4#e ,besides the presumption made in favour of married women1 compulsion by threats of injury to person or property is recognised as an excuse for crime only1 as it seems1 in cases in which the compulsion is applied by a body of rebels or rioters1 and in which the offender takes a subordinate part in the offence4#f ,in a time of peace1 on the other hand1 though a man be violently assaulted1 and have no other possible #bhe means of escaping death but by killing an innocent person1 if he commit the act he will be guilty of murder2 for he ought rather to die himself1 than kill an innocent4#g ,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 illegal4#h ,but the ,english law relating to duress per minas1 and to constraint in general1 seems to be harsher both than most modern continental laws#i and than ,roman law4#aj ,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 punishment4#aa ,according to the ,talmud1 any offence perpetrated under compulsion or in mortal fear is excusable in the eye of the law1 excepting only murder and adultery4#ab ,footnote #b3 ,bradley1 ,ethical ,studies1 p4 #dj1 n4 #a4 ,footnote #c3 ,aristotle1 ,ethica ,nicomachea1 iii4 i4 #g sq4 ,footnote #d3 ,hale1 ,history of the ,pleas of the ,crown1 i4 #dd sqq4 #dcd4 ,harris1 ,principles of the ,criminal ,law1 p4 #be4 ,stephen1 ,history of the ,criminal ,law of ,england1 ii4 #aje sq4 ,footnote #e3 ,hale1 op4 cit4 i4 #dd4 ,harris1 op4 cit4 p4 #bf4 ,footnote #f3 ,stephen1 op4 cit4 ii4 #ajf4 ,footnote #g3 ,hale1 op4 cit4 i4 #ea4 ,harris1 op4 cit4 p4 #bd sq4 ,footnote #h3 ,denman1 ,c4 ,j41 in ,reg4 v4 ,tyler1 reported in ,carrington and ,payne1 ,reports of ,cases argued and ruled at ,nisi ,prius1 viii4 #fba4 ,footnote #i3 ,code ,pnal1 art4 #fd2 ,chauveau and ,hlie1 ,thorie du ,code ,pnal1 i4 #ecd sqq4 ,italian ,codice ,penale1 art4 #di4 ,spanish ,cdigo ,penal reformado1 art4 #h1 #i sqq4 ,finger1 ,compendium des sterreichischen ,rechtes--,das ,strafrecht1 i4 #aai4 ,foinitzki1 in ,lgislation pnale compare1 edited by von ,liszt1 p4 #ecj 7,russian law74 ,ottoman ,penal ,code1 art4 #db4 ,footnote #aj3 ,mommsen1 ,rmisches ,strafrecht1 p4 #fec4 ,janka1 ,der strafrechtliche ,notstand1 p4 #dh4 ,footnote #aa3 ,janka1 op4 cit4 p4 #fj4 ,a different view1 however1 is expressed by ,covarruvias 7,de matrimoniis1 ii4 #c4 #d4 #f sq4 ,opera omnia1 i4 #aci73--,metus numquam excusat nec a mortali1 nec a veniali crimine4 ,peccatum maximum malum1 nec eo quid grauius4 ,footnote #ab3 ,benny1 ,criminal ,code of the ,jews according to the ,talmud ,massecheth ,synhedrin1 p4 #abe4 ,suppose1 again1 that the motive of breaking the law is what has been called compulsion by necessity4 ,the old instance of shipwrecked persons in a boat unable to carry them all is a standing illustration of this principle4 ,sir ,james ,stephen says1 that should such a case arise1 it is impossible to suppose that the survivors would be subjected to legal punishment4#ac ,yet1 in a very similar case1 occurring in the year #ahhd1 they were4 ,three men and a boy escaped in an open boat from the shipwreck of the yacht ,mignonette4 ,after passing eight days without food1 and seeing no prospect of relief1 the men killed the boy1 who was #bhf on the verge of death1 in order to feed on his body4 ,four days later they were rescued by a passing ship2 and1 on their arrival in ,england1 two of the men were tried for the murder of the boy4 ,the defence raised was that the act was necessary for the purpose of self-preservation4 ,but it was held by the ,court for ,crown ,cases ,reserved1 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 person4 ,however1 the sentence of death was afterwards commuted by the ,crown to six months' imprisonment4#ad ,in the same case it was even said that if the boy had had food in his possession1 and the others had taken it from him1 they would have been guilty of theft4#ae ,bacon's proposition that if a man steal viands to satisfy his present hunger1 this is no felony nor larceny1#af is not law at the present day4#ag ,it was expressly contradicted by ,hale1 who lays down the following rule3--,if a person1 being under necessity for want of victuals1 or clothes1 shall upon that account clandestinely1 and animo furandi steal another man's goods1 it is felony and a crime by the laws of ,england punishable with death2 altho the judge1 before whom the trial is1 in this case 7as in other cases of extremity7 be by the laws of ,england intrusted with a power to reprieve the offender before or after judgment1 in order to the obtaining the king's mercy4#ah ,britton excuses infants under age1 and poor people1 who through hunger enter the house of another for victuals under the value of twelve pence4#ai ,according to the ,swedish ,westgta-,lag1 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 else1 but if he does so a fourth time he is punished for theft4#bj ,the ,canonist says1 ,necessitas legem non #bhg habet#ba--,raptorem vel furem non facit necessitas1 sed voluntas4#bb ,this principle has the sanction of the ,gospel4 ,jesus said to the ,pharisees1 ,have ye not read what ,david did1 when he was an hungered1 and they that were with him2 ,how he entered into the house of ,god1 and did eat the shewbread1 which was not lawful for him to eat1 neither for them which were with him1 but only for the priests8#bc ,footnote #ac3 ,stephen1 op4 cit4 ii4 #ajh4 ,so1 also1 according to ,bacon's ,maxims of the ,law1 reg4 #e 7,works1 vii4 #cdd71 homicide is in such a case justifiable4 ,footnote #ad3 ,reg4 v4 ,dudley and ,stephens1 in ,law ,reports1 ,cases determined in the ,queen's ,bench ,division1 xiv4 #bgc sqq4 ,footnote #ae3 ,ibid4 xiv4 #bgf4 ,footnote #af3 ,bacon1 ,maxims of the ,law1 reg4 #e 7,works1 vii4 #cdc74 ,footnote #ag3 ,reg4 v4 ,dudley and ,stephens1 in ,law ,reports1 ,queen's ,bench ,division1 xiv4 #bhf4 ,footnote #ah3 ,hale1 op4 cit4 i4 #ed4 ,footnote #ai3 ,britton1 i4 #aa1 vol4 i4 #db4 ,footnote #bj3 ,westgta-,lagen ,,ii4 iufua bolker1 #ad1 p4 #afd sq4 ,footnote #ba3 ,gratian1 ,decretum1 iii4 #a4 #aa4 ,footnote #bb3 ,ibid4 iii4 #e4 #bf4 ,footnote #bc3 ,st4 ,matthew1 xii4 #a sqq4 ,according to ,muhammedan law1 the hand is not to be cut off for stealing any article of food that is quickly perishable1 because it may have been taken to supply the immediate demands of hunger4#bd ,we are told that no ,chinese magistrate would be found to pass sentence upon a man who stole food under stress of hunger4#be ,in ancient ,peru1 according to ,herrera1 he that robb'd without need was banish'd to the ,mountains ,andes1 never to return without the ,inga's leave1 and if worth it paid the value of what he had taken4 ,he that for want stole eatables only was reprov'd1 and receiv'd no other punishment1 but enjoyn'd to work1 and threatened1 that if he did so again1 he should be chastiz'd by carrying a stone on his back1 which was very disgraceful4#bf ,we even hear of savages who regard compulsion by necessity as a ground of extenuation4 ,among the ,west ,african ,fjort robbery of plantations1 committed in a state of great hunger1 is exempt from punishment in case there is no deception or secrecy in the matter2 however1 payment for damage done is expected4#bg ,cook says of the ,tahitians3--,those who steal clothes or arms1 are commonly put to death1 either by hanging or drowning in the sea2 but those who steal provisions are bastinadoed4 ,by this practice they wisely vary the punishment of the same crime1 when committed from different motives4#bh ,footnote #bd3 ,lane1 ,manners and ,customs of the ,modern ,egyptians1 p4 #aba4 ,footnote #be3 ,giles1 ,strange ,stories from a ,chinese ,studio1 ii4 #bag1 n4 #e4 ,footnote #bf3 ,herrera1 ,general ,history of the ,west ,indies1 iv4 #ccg4 ,footnote #bg3 ,dennett1 in ,jour4 ,african ,society1 i4 #bgf4 ,footnote #bh3 ,cook1 ,journal of a ,voyage round the ,world1 p4 #da sq4 #bhh ,a special kind of self-preservation is self-defence4 ,here the ground of justification is not merely the motive of the agent1 but also the wrongness or criminality of the act which he tries to prevent4 ,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 necessity4 ,vim vi repellere was regarded by the ancients as a natural right1#bi as a law non scripta1 sed nata2#cj and the same view was taken by the ,canonist4#ca ,even in the savage world self-defence and killing in self-defence are not infrequently justified by custom4#cb ,but in other instances the influence of the external event makes itself felt also in the case of self-defence4 ,among the ,fjort1 though a person who kills another in self-defence is exempt from punishment1 he is expected to pay damages4#cc ,among the ,hottentots self-defence is regarded as a mitigating circumstance1 but not as an excuse in the full sense of the word4#cd ,among other peoples it is not considered at all4#ce ,among the ancient ,teutons a person who committed homicide in self-defence had to pay wer2#cf and in ,germany such a person seems to have been subject to punishment still in the later ,middle ,ages4#cg ,in ,england1 in the thirteenth century1 he was considered to deserve royal pardon1 but he also needed it4#ch ,footnote #bi3 ,digesta1 xliii4 #af4 i4 #bg3 ,vim vi repellere licere ,cassius scribit idque ius natura comparatur4 ,footnote #cj3 ,cicero1 ,pro ,milone1 #d 7#aj74 ,footnote #ca3 ,gratian1 ,decretum1 i4 #a4 #g4 ,footnote #cb3 ,merker1 quoted by ,kohler1 in ,zeitschr4 f4 vergl4 ,rechtswiss4 xv4 #fd 7,wadshagga74 ,lang1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #beg 7,washambala74 ,footnote #cc3 ,dennett1 in ,jour4 ,african ,society1 i4 #bgf4 ,footnote #cd3 ,kohler1 in ,zeitschr4 f4 vergl4 ,rechtswiss4 xv4 #cec4 ,footnote #ce3 ,steinmetz1 ,rechtsverhltnisse1 p4 #ej 7,banaka and ,bapuku74 ,tellier1 ibid4 p4 #agf 7,kreis ,kita74 ,marx1 ibid4 p4 #ceg 7,amahlubi74 ,senfft1 ibid4 p4 #dej 7,marshall ,islanders74 ,footnote #cf3 ,geyer1 ,lehre von der ,nothwehr1 p4 #hh sqq4 ,trummer1 ,vortrge ber ,tortur1 c4 i4 #dcj4 ,stemann1 ,den danske ,retshistorie indtil ,christian ,v4's ,lov1 p4 #fei4 ,cf4 ,leges ,henrici ,i4 lxxx4 #g2 lxxxvii4 #f4 ,footnote #cg3 ,trummer1 op4 cit4 i4 #dbh sqq4 von ,feuerbach-,mittermaier1 ,lehrbuch des ,peinlichen ,rechts1 p4 #fd4 ,brunner observes 7,deutsche ,rechtsgeschichte1 ii4 #fcj71 ,nicht das ,benehmen des ,getteten war die causa des ,todschlags1 sondern nur die feindselige ,absicht des ,todschlagers4 ,footnote #ch3 ,bracton1 ,de ,legibus et ,consuetudinibus ,angli1 fol4 #acb b1 vol4 ii4 #cff sqq4 ,pollock and ,maitland1 ,history of ,english ,law before the ,time of ,edward ,i4 ii4 #egd4 #bhi ,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 attacked4 ,the most widely-recognised ground on which life is allowed to be taken in self-defence is danger of death4 ,but it is not the exclusive ground4 ,among the ,wakamba a thief entering a village at night can be killed2 though1 if he is1 the incident generally gives rise to a blood-feud between his family and the family of the slayer4#ci ,in ,uganda there is no penalty for killing a thief who enters an enclosure at night2#dj 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 impunity1 though a diurnal thief may not4#da ,this law1 however1 seems to have been due not so much to the fact that by night the proprietor had less chance of recovering his property1 as to the greater danger to which he was personally exposed4#db ,the ,roman ,law of the ,twelve ,tables allows the diurnal thief also to be killed1 in case he defends himself with a weapon2#dc and1 as regards the nocturnal thief1 ,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 himself4#dd ,the same rule was laid down by ,bracton#de and by ,grotius4 ,the latter observes1 ,no one ought to be slain directly for the sake of mere things1 which would be done if ,i were to kill an unarmed flying thief with a missile1 and so recover my goods3 but if ,i am myself in danger of life1 then ,i may repel the danger even with danger to the life of another2 nor does this cease to hold1 however ,i have come into that danger1 whether by trying to retain my property1 or to #bij recover it1 or to capture the thief2 for in all these cases ,i am acting lawfully according to my right4#df ,footnote #ci3 ,decle1 ,three ,years in ,savage ,africa1 p4 #dhh4 ,footnote #dj3 ,ashe1 ,two ,kings of ,uganda1 p4 #bid4 ,footnote #da3 ,ta ,tsing ,leu ,lee1 sec4 cclxxvii4 p4 #big 7,chinese74 ,exodus1 xxii4 #b sq4 ,lex ,duodecim ,tabularum1 viii4 #aa sq4 ,plato1 ,leges1 ix4 #hgd4 ,lex ,baiuwariorum1 ix4 7viii47 #e4 ,du ,boys1 ,histoire du droit criminel de l',espagne1 p4 #bhh 7,spanish ,partidas74 ,footnote #db3 ,cf4 ,gregory ,,ix4 ,decretales1 v4 #ab4 #c2 ,mishna1 fol4 #gb1 quoted by ,rabbinowicz1 ,lgislation criminelle du ,talmud1 p4 #abb4 ,footnote #dc3 ,lex ,duodecim ,tabularum1 viii4 #ab4 ,cicero1 ,pro ,milone1 #c 7#i74 ,footnote #dd3 ,digesta1 xlviii4 #h4 #i4 ,footnote #de3 ,bracton1 op4 cit4 fol4 #add b1 vol4 ii4 #dfd sq4 ,footnote #df3 ,grotius1 ,de jure belli et pacis1 ii4 #a4 #ab4 #a4 ,according to the law of ,england1 a woman is justified in killing one who attempts to ravish her2 and so also the husband or father may kill a man who attempts a rape on his wife or daughter1 if she do not consent4#dg ,we meet with similar provisions in many other laws1 modern and ancient4#dh ,st4 ,augustine says that the law allows the killing of a ravisher of chastity1 either before or after the act1 in the same manner as it permits a person to kill a highwayman who makes an attempt upon his life4#di ,according to the ,talmud1 it is permissible to kill a would-be criminal1 in order to prevent the commission of either murder or adultery to save an innocent man's life1 or a woman's honour2 but when the crime has already been accomplished1 the criminal cannot be thus disposed of4#ej ,footnote #dg3 ,harris1 op4 cit4 p4 #ade4 ,footnote #dh3 ,erskine-,rankine1 ,principles of the ,law of ,scotland1 p4 #eeh4 ,ottoman ,penal ,code1 art4 #ahf4 ,nordstrm1 ,bidrag till den svenska samhlls-frfattningens historia1 ii4 #cdi 7ancient ,swedish laws74 ,plato1 ,leges1 ix4 #hgd4 ,footnote #di3 ,st4 ,augustine1 ,de libero arbitrio1 i4 #e 7,migne1 ,patrologi cursus1 xxxii4 #abbg74 ,footnote #ej3 ,benny1 op4 cit4 p4 #abe4 ,rabbinowicz1 op4 cit4 p4 #abd4 ,among many peoples who in other cases prohibit self-redress1 an adulterer and an adulteress may be put to death by the aggrieved husband1 especially if they be caught flagrante delicto4 ,such a custom prevails in various uncivilised societies where justice is generally administered by a council of elders or the chief4#ea ,among the ancient #bia ,peruvians a man killing his wife for adultery was free2 but if for any other fault he died for it1 unless he were a man in dignity1 and then some other penalty was inflicted4#eb ,according to ,chinese penal law1 when a principal or inferior wife is discovered by her husband in the act of adultery1 if such husband at the very time that he discovers kills the adulterer1 or adulteress1 or both1 he shall not be punishable4#ec ,by the law of ,nepal1 the ,parbattia husband retains the privilege of avenging1 with his own hand1 the violation of his marriage bed1 and anyone1 save a learned ,brahman or a helpless boy1 who instead of using his own sword1 should appeal to the courts1 would be covered with eternal disgrace4#ed ,in all purely ,moslem nations custom overwhelms with ignominy the husband or son of an adulteress who survives the discovery of her sin2 he is taboo'd by society2 he becomes a laughing-stock to the vulgar1 and a disgrace to his family and friends4#ee ,according to the ',lex ,julia de adulteriis1' 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's1 provided that both of them were killed1 and that it was done at once4 ,the husband1 on the other hand1 had no such right as to his wife in any case1 and no such right as to her accomplice unless he was an infamous person or a slave1 taken1 not in his father-in-law's house1 but in his own4#ef ,however1 it seems that in more ancient times the husband was entitled to kill an adulterous wife2#eg 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 ,julia4#eh ,according to an ,athenian law1 if one man shall kill another 4 4 4 after catching him with his wife1 or with his mother1 or with a #bib sister1 or with a daughter1 or with a concubine whom he keeps to beget free-born children1 he shall not go into exile for homicide on such account4#ei ,ancient ,teutonic law allowed a husband to kill both his unfaithful wife and the adulterer1 if he caught them in the act2#fj according to the ,laws of ,alfred1 an adulterer taken flagrante delicto by the woman's lawful husband1 father1 brother1 or son1 might be killed without risk of blood-feud4#fa ,in the thirteenth century1 however1 there are already signs that1 in ,england1 the outraged husband who found his wife in the act of adultery might no longer slay the guilty pair or either of them1 although he might emasculate the adulterer4#fb ,the present law treats the killing of an adulterer taken in the act in the same way as homicide committed in a quarrel2 by slaying him1 the husband is guilty of manslaughter only1 though1 if the killing were deliberate and took place in revenge after the fact1 the crime would be murder4 ,this seems to be the only case in ,english law in which provocation1 other than by actual blows1 is considered sufficient to reduce homicide to manslaughter1 if the killing be effected by a deadly weapon4#fc ,there are corresponding provisions in other modern laws4#fd ,as a rule1 flagrant adultery does not justify homicide1 but serves as an extenuating circumstance4#fe ,but according to the ,french ,code ,pnal1 dans le cas d'adultre 4 4 4 le meurtre commis par l'poux sur son pouse1 ainsi que sur le complice1 l'instant o il les surprend en flagrant dlit dans la maison conjugale1 est excusable4#ff ,and in ,russia1 though the law does not exempt from punishment a #bic husband who thus avenges himself1 the jury show great indulgence to him4#fg ,footnote #ea3 ,dalton1 ,descriptive ,ethnology of ,bengal1 p4 #de2 ,stewart1 in ,jour4 ,as4 ,soc4 ,bengal1 xxiv4 #fbh 7,kukis74 ,macpherson1 ,memorials of ,service in ,india1 p4 #hc2 ,hunter1 ,annals of ,rural ,bengal1 iii4 #gf 7,kandhs74 ,anderson1 ,mandalay to ,momien1 p4 #adj 7,kakhyens74 ,mac,mahon1 ,far ,cathay and ,farther ,india1 p4 #bgc 7,indo-,burmese border tribes74 ,crawfurd1 ,history of the ,indian ,archipelago1 iii4 #acj4 von ,brenner1 ,besuch bei den ,kannibalen ,sumatras1 pp4 #baa1 #bac4 ,modigliani1 ,viaggio a ,nas1 p4 #die4 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #cfd4 ,dyveyrier1 ,exploration du ,sahara1 p4 #dbi 7,touareg74 ,barrow1 ,travels into the ,interior of ,southern ,africa1 i4 #bjg 7,kafirs74 ,among the ,gaika tribe of the ,kafirs1 however1 a man is fined for murder1 if he kills an adulterer or adulteress in the act1 although he be the husband of the adulteress 7,maclean1 ,compendium of ,kafir ,laws and ,customs1 p4 #aaa74 ,among the ,wakamba1 if a man is caught in adultery at night1 the husband has a right to kill him2 but if the injured man thus takes the law into his own hands in the daytime1 he is dealt with as a murderer 7,decle1 op4 cit4 p4 #dhg74 ,footnote #eb3 ,herrera1 op4 cit4 iv4 #cch4 ,footnote #ec3 ,ta ,tsing ,leu ,lee1 sec4 cclxxxv4 p4 #cjg4 ,footnote #ed3 ,hodgson1 ,miscellaneous ,essays1 ii4 #bce1 #bcf1 #bgb4 ,footnote #ee3 ,burton1 ,sind ,revisited1 ii4 #ed sq4 ,footnote #ef3 ,digesta1 xlviii4 #e4 #ba sq4 ,footnote #eg3 ,gellius1 ,noctes ,attic1 x4 #bc4 #e4 ,cf4 ,mommsen1 ,rmisches ,strafrecht1 p4 #fbe4 ,footnote #eh3 ,novell1 cxvii4 #ae4 ,footnote #ei3 ,demosthenes1 ,contra ,aristocratem1 #ec1 p4 #fcg4 ,footnote #fj3 ,wilda1 ,strafrecht der ,germanen1 p4 #hbc4 ,nordstrm1 op4 cit4 ii4 #fb sq4 ,stemann1 op4 cit4 p4 #cbe4 ,footnote #fa3 ,laws of ,alfred1 ii4 #db4 ,footnote #fb3 ,pollock and ,maitland1 op4 cit4 ii4 #dhd4 ,the same right is granted by a ,spanish medival law to a father1 or a husband1 who finds a man having illegitimate sexual intercourse with his daughter1 or wife 7,du ,boys1 ,histoire du droit criminel de l',espagne1 p4 #ic74 ,footnote #fc3 ,hale1 op4 cit4 i4 #dhf4 ,harris1 op4 cit4 p4 #ade4 ,cherry1 ,lectures on the ,growth of ,criminal ,law1 p4 #hb sq4 ,footnote #fd3 ,italian ,codice ,penale1 art4 #cgg4 ,spanish ,cdigo ,penal reformado1 art4 #dch4 ,ottoman ,penal ,code1 art4 #ahh4 ,footnote #fe3 ,gnther1 ,idee der ,wiedervergeltung1 iii4 #bcc sqq4 ,footnote #ff3 ,code ,pnal1 art4 #cbd4 ,footnote #fg3 ,foinitzki1 loc4 cit4 p4 #edh4 ,whilst the law referring to self-defence has gradually become more liberal1 the law referring to self-redress in the case of adultery has thus1 generally speaking1 become more severe4 ,the reason for this is obvious4 ,a husband who slays his unfaithful wife or her accomplice does not defend1 but avenges himself2 and it is to be expected that a society in which punishment has only just succeeded revenge should still admit1 or tolerate1 revenge in extreme cases4 ,the privilege granted to the outraged husband is not the sole survival of the old system of self-redress lingering on under the new conditions4 ,according to ,kafir custom or law1 the relatives of a murdered man become liable only to a very light fine if they kill the murderer4#fh ,the ancient ,teutons1 at a time when their laws already prohibited private revenge1 did not look upon an avenger of blood in the same light as an ordinary manslayer2#fi and even the ,church recognised the distinction4#gj ,some of the ancient ,swedish laws entirely excused homicide committed in revenge immediately after the crime4#ga ,according to the stgta-,lag1 an incendiary taken in flagrancy might be at once burnt in the fire1#gb and ancient ,norwegian law permitted the slaying of a thief caught in the act4#gc ,in the ,laws of ,ine there is an indication that a thief's fate was at the discretion of his captor1#gd and a law of thelstan implies that the natural and proper course as to thieves was to kill them4#ge ,in the ,laws of ,king ,wihtrd it is said1 ,if any one slay a layman while thieving2 let him lie without 'wergeld4'#gf ,so also1 according to ,javanese law1 if a thief be caught in the act it is lawful to put him to death4#gg ,for our present #bid 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 consideration4 ,to declare that an adulterer or adulteress caught in flagrancy1 or a manifest thief1 may be slain with impunity1 is a concession to human passions1 which are naturally more easily aroused by the sight of an act than by the mere knowledge of its commission4 ,it was for a similar reason that the ,law of the ,twelve ,tables punished furtum manifestum much more heavily than furtum nec manifestum2#gh 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 act1 whereas he was allowed to pay for himself if he escaped and was subsequently apprehended4#gi ,footnote #fh3 ,maclean1 op4 cit4 p4 #adc4 ,cf41 however1 ibid4 p4 #aaj4 ,footnote #fi3 ,wilda1 op4 cit4 p4 #efb4 ,stemann1 op4 cit4 p4 #ehb sq4 ,footnote #gj3 ,wilda1 op4 cit4 pp4 #ahj1 #efe4 ,labbe-,mansi1 ,sacrorum ,conciliorum collectio1 xii4 #bhi4 ,footnote #ga3 ,nordstrm1 op4 cit4 ii4 #dad sq4 ,footnote #gb3 ,ibid4 ii4 #daf4 ,footnote #gc3 ,wilda1 op4 cit4 p4 #hhi4 ,footnote #gd3 ,laws of ,ine1 #ab4 ,cf4 ,stephen1 op4 cit4 i4 #fb4 ,footnote #ge3 ,laws of thelstan1 iv4 #d4 ,footnote #gf3 ,laws of ,wihtrd1 #be4 ,footnote #gg3 ,crawfurd1 op4 cit4 iii4 #aae4 ,footnote #gh3 ,institutiones1 iv4 #a4 #e4 ,footnote #gi3 ,laws of ,alfred1 ii4 #g4 ,the difference between an injury which a person inflicts deliberately1 in cold blood1 and one which he inflicts in the heat of the moment1 under the disturbance of great excitement caused by a wrong done to himself1 has been widely recognised4 ,there are instances reported of savages who distinguish between murder and manslaughter4 ,and the laws of all civilised nations agree in regarding1 on certain conditions1 passion aroused by provocation as a mitigating circumstance at the commission of a crime4 ,the ,australian ,narrinyeri1 as we have seen1 have a tribunal1 called tendi1 consisting of the elders of the clan1 to which all offenders are brought for trial4 ,in case of the slaying by a person or persons of one clan of the member of another clan in time of peace1 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 tendies4 ,if1 after full inquiry1 he is found to have committed the crime1 he will be punished according to the degree of guilt4 ,if it were a case of murder1 with malice aforethought1 he would be handed over to his own clan to be put to death by spearing4 ,if it should be what we call manslaughter1 he would receive a good thrashing1 or be banished from his clan1 or compelled to go to his mother's #bie relations4#hj ,in the ,pelew ,islands1 if two natives are quarrelling1 and the one says to the other1 ,your wife is bad1 the insulted party is entitled to chastise the provoker with a stone1 and is not held liable even if the latter should die in consequence4#ha ,the ,eastern ,central ,africans are aware of the difference between murder and homicide1 even though the punishment of the two crimes is often the same4#hb ,among the ,kandhs only slight compensation is awarded for wounds1 however serious1 given under circumstances of extreme provocation4#hc ,valdeyak1 or manslaughter1 says ,georgi1 is not capital among the ,tungusians1 when it has been occasioned by some antecedent quarrel4 ,the slayer is however whipped1 and obliged to maintain the family of the deceased3 he undergoes no reproaches on account of the affair2 but on the contrary is considered as a brave and courageous man for it4#hd ,footnote #hj3 ,taplin1 ',narrinyeri1' in ,woods1 ,native ,tribes of ,south ,australia1 p4 #cd sq4 ,footnote #ha3 ,kubary1 ',die ,palau-,inseln1' in ,journal des ,museum ,godeffroy1 iv4 #dc sq4 ,footnote #hb3 ,macdonald1 ,africana1 i4 #agb4 ,footnote #hc3 ,macpherson1 op4 cit4 p4 #hb4 ,footnote #hd3 ,georgi1 ,russia1 iii4 #hc4 ,cf4 also ,turner1 ',ethnology of the ,ungava ,district1' in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #ahf4 ,among the ancient ,peruvians1 when one killed another in a quarrel1 the first thing enquired into was1 who had been the aggressor2 if the dead man1 then the punishment was slight1 at the will of the ,inga2 but if the surviver had given the provocation1 his penalty was death1 or at least perpetual banishment to the ,andes1 there to work in the ,inga's fields of corn1 which was like sending him to the galeys4 ,a murderer was immediately publickly put to death1 tho' he were a man of quality4#he ,among the ,mayas of ,yucatan and ,nicaragua1 in case of great provocation or absence of malice1 homicide was atoned by the payment of a fine4#hf ,footnote #he3 ,herrera1 op4 cit4 iv4 #ccg sq4 ,footnote #hf3 ,bancroft1 ,native ,races of the ,pacific ,states1 ii4 #feh4 ,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 passion4#hg ,it is said that a man shall be put to death if he come presumptuously upon his neighbour1 to slay him with guile1#hh or if he hate his neighbour1 and lie in wait for him1 and rise up against him1 and smite him mortally that he die4#hi ,on the other hand1 he shall be allowed a resort to a city #bif of refuge if he lie not in wait1#ij or if he thrust his neighbour suddenly without enmity4#ia ,footnote #hg3 ,goitein1 ,das ,vergeltungsprincip im biblischen und taltmudischen ,strafrecht1 p4 #cc sqq4 ,footnote #hh3 ,exodus1 xxi4 #ad4 ,footnote #hi3 ,deuteronomy1 xix4 #aa sq4 ,footnote #ij3 ,exodus1 xxi4 #ac4 ,footnote #ia3 ,numbers1 xxxv4 #bb1 #be4 ,professor ,leist suggests that in ancient ,greece1 at a time when blood-revenge was a sacred duty in the case of premeditated murder1 homicide committed without premeditation could be forgiven by the avenger of blood4#ib ,plato1 in his ',laws1' draws a distinction between him who treasures up his anger and avenges himself1 not immediately and at the moment1 but with insidious design1 and after an interval1 and him who does not treasure up his anger1 and takes vengeance on the instant1 and without malice prepense4 ,the deed of the latter1 though not involuntary1 approaches to the involuntary1 and should therefore be punished less severely than the crime perpetrated by him who has stored up his anger4#ic ,aristotle1 also1 whilst denying that acts done from anger or from desire are involuntary1#id maintains that assaults committed in anger1 are rightly decided not to be of malice aforethought1 for they do not originate in the volition of the man who has been angered1 but rather in that of the man who so angered him4#ie ,and he adds that everyone will admit that he who does a disgraceful act1 being at the same time free from desire1 or at any rate feeling desire but slightly1 is more to be blamed than is he who does such an act under the influence of a strong desire2 and that he who1 when not in a passion1 smites his neighbour1 is more to be blamed than is he who does so when in a passion4#if ,cicero likewise points out that in every species of injustice it is a very material question whether it is committed through some agitation of passion1 which commonly is short-lived and temporary1 or from deliberate1 prepense1 malice2 for those things which proceed from a short1 sudden fit1 are of slighter moment than those which are inflicted by forethought and preparation4#ig ,footnote #ib3 ,leist1 ,grco-italische ,rechtsgeschichte1 pp4 #cbe1 #ceb4 ,footnote #ic3 ,plato1 ,leges1 ix4 #hfg4 ,footnote #id3 ,aristotle1 ,ethica ,nicomachea1 iii4 #a4 #ba4 ,footnote #ie3 ,ibid4 v4 #h4 #i4 ,footnote #if3 ,ibid4 vii4 #g4 #c4 ,footnote #ig3 ,cicero1 ,de officiis1 i4 #h4 ,of ancient ,russian law ,m4 ,kovalewsky observes1 ,l'existence d'une excitation violente est prise en considration1 par notre antique lgislation1 qui dclare le crime accompli sous leur influence non imputable4#ih ,according to ancient ,irish law1 homicide was divisible into the two classes of simple manslaughter and murder1 the difference between which lay in the #big existence or absence of malice aforethought1 the fine in the latter being double what it was in the former case2 and for a wound which was inflicted inadvertently in lawful anger1 the payment was made upon a diminished scale4#ii ,the ancient ,teutons1 also1 held a wrong committed in sudden anger and on provocation to be less criminal than one committed with premeditation in cold blood2#ajj this opinion seems partly to be at the bottom of the distinction which they made between open and secret homicide4#aja ,according to the law of the ,east ,frisians1 a man who kills another without premeditation may buy off his neck with money1 not so he who commits a murder with malice aforethought4#ajb ,it is curious that ,bracton should take no notice of the different grades of evil intention which may accompany voluntary homicide1 and that he should omit altogether the question of provocation2#ajc ,beaumanoir1 the ,french jurist1 who lived in the same age1 mentions in his ',coutumes du ,beauvoisis' provocation as an extenuating circumstance1#ajd and the same view was taken by the ,church4#aje ,coke1 in his ,third ,institute--which may be regarded as the second source of the criminal law of ,england1 ,bracton being the first--gives an account of malice aforethought1 and adds1 ,some manslaughters be voluntary1 and not of malice forethought1 upon some sudden falling out4 ,delinquens per iram provocatus puniri debet mitius4#ajf ,hume says that in ,scotland the manslayer on suddenty was to have the benefit of the girth or sanctuary3 he might flee to the church or other holy place2 from which he might indeed be taken for trial1 but to be returned thither1 safe in life and limb1 if his allegation of chaude melle were proved4#ajg ,all modern codes regard provocation under certain circumstances as a mitigating circumstance4#ajh ,according to the criminal law of ,montenegro1 great provocation may even relieve a homicide of all guilt4#aji ,footnote #ih3 ,kovalewsky1 ,coutume contemporaine1 p4 #bia4 ,footnote #ii3 ,ancient ,laws of ,ireland1 iii4 pp4 xciii4 cx4 ,footnote #ajj3 ,wilda1 op4 cit4 p4 #efj sqq41 #gja4 ,stemann1 op4 cit4 p4 #egd4 von ,amira1 in ,paul's ,grundriss der germanischen ,philologie1 ii4 pt4 ii4 #agd4 ,footnote #aja3 ,wilda1 op4 cit4 p4 #efi4 von ,amira1 loc4 cit4 p4 #agc4 ,footnote #ajb3 ,das ,ostfriesische ,land-,recht1 iii4 #ag sq4 ,footnote #ajc3 ,cf4 ,stephen1 op4 cit4 iii4 #cc4 ,footnote #ajd3 ,beaumanoir1 ,coutumes du ,beauvoisis1 xxx4 #aja1 vol4 i4 #ded sq4 ,footnote #aje3 ,gregory ,,iii4 ,judicia congrua penitentibus1 #c 7,labbe-,mansi1 op4 cit4 xii4 #bhi74 ,footnote #ajf3 ,coke1 ,third ,institute1 p4 #ee4 ,footnote #ajg3 ,hume1 ,commentaries on the ,law of ,scotland1 i4 #cfe4 ,footnote #ajh3 ,gnther1 op4 cit4 iii4 #bef sqq4 ,footnote #aji3 ,ibid4 iii4 #bee sq4 ,it has been said that a man who acts under the influence of great passion has not1 at the time1 a full knowledge of the nature and quality of his act1 and that #bih the clemency of the law is a condescension to the frailty of the human frame1 to the furor brevis1 which1 while the frenzy lasteth1 rendereth the man deaf to the voice of reason4#aaj ,but the main cause for passion extenuating his guilt is not the intellectual disability under which he acts1 but the fact that he is carried away by an impulse which is too strong for his will to resist4 ,this is implied in the provision of the law1 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 received4#aaa ,footnote #aaj3 ,foster1 ,report of ,crown ,cases1 p4 #cae4 ,footnote #aaa3 ,stephen1 ,digest1 art4 #bdf1 p4 #ahh4 ,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 blamable2 both morality and law take into consideration the degree of provocation to which the agent was exposed4 ,but1 at the same time1 the pressure of a non-volitional motive on the will may by itself be a sufficient ground for extenuation4 ,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 injury4 ,he is mad1 and yet he may be free from delusion and exhibit no marked derangement of intelligence4 ,he may be possessed with an idea or impulse to kill somebody which he cannot resist4 ,or he may yield to a morbid impulse to steal or to set fire to houses or other property1 without having any ill-feeling against the owner or any purpose to serve by what he does4#aab ,the deed to which the patient is driven is frequently one which he abhors1 as when a mother kills the child which she loves most4#aac ,in such cases the agent is of course acquitted by the moral judge1 and if he is condemned by the law of his country and its guardians1 the reason for this can be nothing but ignorance4 ,we must remember that this form of madness was hardly known even to medical #bii men till the end of the #ahth century1#aad when ,pinel1 to his own surprise1 discovered that there were many madmen who at no period gave evidence of any lesion of the understanding1 but who were under the dominion of instinctive and abstract fury1 as if the affective faculties had alone sustained injury4#aae ,and there can be no doubt that the fourteen ,english judges who formulated the law on the criminal responsibility of the insane1 made no reference to this manie sans dlire simply because they had not sufficient knowledge of the subject with which they had to deal4#aaf ,footnote #aab3 ,maudsley1 ,responsibility in ,mental ,disease1 p4 #acc sqq4 von ,krafft-,ebing1 ,lehrbuch der gerichtlichen ,psychopathologie1 p4 #cjh sqq4 ,footnote #aac3 ,gadelius1 ,om tvngstankar1 p4 #afh sq4 ,paulhan1 ,l'activit mentale1 p4 #cgd4 ,footnote #aad3 ,maudsley1 op4 cit4 p4 #ada4 ,footnote #aae3 ,pinel1 ,trait mdico-philosophique sur l'alination mentale1 p4 #aef3 ,je ne fut pas peu surpris de voir plusieurs alins qui n'offroient aucune poque aucune lsion de l'entendement1 et qui toient domins par une sorte d'instinct de fureur1 comme si les facults affectives seules avoient t lses4 ,footnote #aaf3 ,sir ,james ,stephen 7,digest1 art4 #bh1 p4 #bj sq47 thinks it possible that1 according to the present law of ,england1 an act is not criminal if the person who does it is1 at the time when it is done1 prevented by any disease affecting his mind from controlling his own conduct1 unless the absence of the power of control has been produced by his own default4 99 99 99 99 99 ,that moral judgments are generally passed1 in the first instance1 with reference to acts immediately intended1 and consider motives only in proportion as the judgment is influenced by reflection1 holds good1 not only of moral blame1 but of moral praise4 ,every religion presents innumerable examples of people who do good deeds only in expectation of heavenly reward4 ,this implies the assumption that the ,deity judges upon actions without much regard to their motives2 for if motives were duly considered1 a man could not be held rewardable for an act which he performs solely for his own benefit4 ,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 formal1 mechanical1 and heartless1 and that there seems to be no special importance attached to purity of heart4#aag ,according to ,caldwell1 the ,hindu religionist enjoins the act alone1 and affirms that motives have nothing to do with merit4#aah ,the argument1 ,obey the law because it will #cjj profit you to do so1 constitutes the fundamental motive of ,deuteronomy1 as appears from phrases like these3 ,that it may go well with thee1 ,that thy days may be prolonged4#aai ,speaking of the modern ,egyptians1 ,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-creatures1 or a disinterested wish to do the will of ,god4#abj ,something similar may be said1 not only of the good deeds of ,muhammedans1 but of those of many ,christians4 ,did not ,paley expressly define virtue as the doing good to mankind1 in obedience to the will of ,god1 and for the sake of everlasting happiness8#aba ,footnote #aag3 ,doolittle1 ,social ,life of the ,chinese1 ii4 #cig4 ,footnote #aah3 ,caldwell1 ,tinnevelly ,shanars1 p4 #ce4 ,footnote #aai3 ,cf4 ,montefiore1 ,hibbert ,lectures1 p4 #eca4 ,footnote #abj3 ,lane1 ,modern ,egyptians1 p4 #bic4 ,footnote #aba3 ,paley1 ,principles of ,moral and ,political ,philosophy1 i4 #g 7,complete ,works1 ii4 #ch74 ,such views1 however1 cannot hold their ground against the verdict of the scrutinising moral consciousness4 ,they have been repeatedly contradicted by the great teachers of morality4 ,confucius required an inward sincerity in all outward practice1 and poured scorn on the pharisaism which contented itself with the cleansing of the outside of the cup and platter4#abb ,he said that1 in the rites of mourning1 exceeding grief with deficient rites is better than little demonstration of grief with superabounding rites2 and that in those of sacrifice1 exceeding reverence with deficient rites is better than an excess of rites with but little reverence4#abc ,sacrifice is not a thing coming to a man from without2 it issues from within him1 and has its birth in his heart4 ,when the heart is deeply moved1 expression is given to it by ceremonies4#abd ,the virtuous man offers his sacrifices without seeking for anything to be gained by them4#abe ,the ,master said1 ',see what a man does4 ,mark his motives4'#abf ,the popular ,taouist work1 called ',the ,book of ,secret ,blessings1' inculcates the necessity #cja of purifying the heart as a preparation for all right-doing4#abg ,the religious legislator of ,brahmanism1 whilst assuming in accordance with the popular view that the fulfilment of religious duty will be always rewarded to some extent1 whatever may be the motive1 maintains that the man who fulfils his duties without regard to the rewards which follow the fulfilment1 will enjoy the highest happiness in this life and eternal happiness hereafter4#abh ,according to the ,buddhistic ,dhammapada1 if a man speaks or acts with an evil thought1 pain follows him1 as the wheel follows the foot of the ox that draws the carriage4 4 4 4 ,if a man speaks or acts with a pure thought1 happiness follows him1 like a shadow that never leaves him4#abi ,in his description of the ,buddhists of ,mongolia1 the ,rev4 ,james ,gilmour observes3--,mongol priests recognise the power of motive in estimating actions 4 4 4 4 ,the attitude of the mind decides the nature of the act4 ,he that offers a cup of cold water only1 in a proper spirit1 has presented a gift quite as acceptable as the most magnificent of donations4#acj ,with reference to the ,hebrews1 ,mr4 ,montefiore says3--,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 being1 as we might nowadays express it--we should scarcely find that constant harping upon the heart as the source and seat of good and evil4 ,what more legal book than ,chronicles8 ,yet it is there that we find the earnest supplication for a heart directed towards ,god4 4 4 4 ,the eudmonistic motive is strongest in ,deuteronomy2 it is weakest with the ,rabbis4#aca ,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 law3--,he that brings few offerings is as he that brings many2 let his heart be directed #cjb heavenward4#acb ,the same faults which ,jesus chastises in the hypocritical ,rabbis of his day are also chastised in the ,talmud4 ,it is said1 ,before a man prays let him purify his heart1#acc and1 ,sin committed with a good motive is better than a precept fulfilled from a bad motive4#acd ,rabbi ,elazar says1 ,no charity is rewarded but according to the degree of benevolence in it1 for it is said1 ',sow 7a reward7 for yourselves in giving alms as charity1 you will reap according to the benevolence4'#ace ,nor is the doctrine which requires disinterested motives for the performance of good deeds foreign to ,muhammedan moralists4 ,whatever we give1 says the author of the ,akhlk-i-,jelli1 should be given in the fulness of zeal and good-will4 4 4 4 ,we should spend it simply to please ,god1 and not mix the act with any meaner motive1 lest thereby it be rendered null and void4#acf ,footnote #abb3 ,cf4 ,legge1 ,religions of ,china1 p4 #bfa sq42 ,girard de ,rialle1 ,mythologie compare1 p4 #bad4 ,footnote #abc3 ,l ,k1 ii4 #a4 #b4 #bg4 ,cf4 ,lun ,y1 iii4 #d4 #c4 ,footnote #abd3 ,l ,k1 xxii4 #a4 ,footnote #abe3 ,ibid4 xxii4 #b4 ,footnote #abf3 ,lun ,y1 ii4 #aj4 #a sq4 ,footnote #abg3 ,douglas1 ,confucianism and ,taouism1 p4 #bgb4 ,footnote #abh3 ,wheeler1 ,history of ,india1 ii4 #dgh4 ,footnote #abi3 ,dhammapada1 #a sq4 ,footnote #acj3 ,gilmour1 ,among the ,mongols1 p4 #bci4 ,footnote #aca3 ,montefiore1 op4 cit4 pp4 #dhc1 #ecc4 #a ,chronicles1 xxii4 #ai2 xxviii4 #i2 xxix4 #ah sq4 #b ,chronicles1 xi4 #af2 xv4 #ab2 xvi4 #i4 ,footnote #acb3 ,montefiore1 op4 cit4 p4 #dhd4 ,footnote #acc3 ,ibid4 p4 #agd4 ,footnote #acd3 ,nazir1 fol4 #bc ,b1 quoted by ,hershon1 ,treasures of the ,talmud1 p4 #gd4 ,footnote #ace3 ,succah1 fol4 #di ,b1 ibid4 p4 #aa4 ,footnote #acf3 ,quoted by ,ameer ,ali1 ,ethics of ,islm1 p4 #ch sq4 ,,chapter ,,xii ,,forbearances ,,and ,,carelessness--,,character ,,the observation has often been made that in early moral codes the so-called negative commandments1 which tell people what they ought not to do1 are much more prominent than the positive commandments1 which tell them what they ought to do4 ,the main reason for this is that negative commandments spring from the disapproval or acts1 whereas positive commandments spring from the disapproval of forbearances or omissions1 and that the indignation of men is much more easily aroused by action than by the absence of it4 ,a person who commits a harmful deed is a more obvious cause of pain than a person who causes harm by doing nothing1 and this naturally affects the question of guilt in the eyes of the multitude4 ,a scrutinising judge of course carefully distinguishes between willfulness and negligence1 whereas1 to his mind1 a forbearance is morally equivalent to an act4 ,the unreflecting judge1 on the other hand1 is much less concerned with the question of wilfulness than with the distinction between acting and not-acting4 ,even the criminal laws of civilised nations take little cognisance of forbearances and omissions2#a and one reason for this is that they evoke little public indignation4 ,even if it be admitted that the rules of beneficence1 so far as details are concerned1 must be left in a great measure to #cjd the jurisdiction of private ethics1 the limits of the law on this head1 as ,bentham remarks1 seem to be capable of being extended a good deal farther than they seem ever to have been extended hitherto4 ,and he appropriately asks1 ,in cases where the person is in danger1 why should it not be made the duty of every man to save another from mischief1 when it can be done without prejudicing himself1 as well as to abstain from bringing it on him8#b ,footnote #a3 ,stephen1 ,history of the ,criminal ,law of ,england1 ii4 #aac4 ,hepp1 ,zurechnung auf dem ,gebiete des ,civilrechts1 p4 #aae 7,roman law74 ,footnote #b3 ,bentham1 ,principles of ,morals and ,legislation1 p4 #cbb sq4 ,to a certain extent1 however1 this has been admitted by legislators even in the ,middle ,ages4 ,frederick ,,ii4's ,sicilian ,code imposed a penalty on persons who witnessed conflagrations or shipwrecks without helping the victims1 and a fine of four augustales on anyone who1 hearing the shrieks of an assaulted woman1 did not hurry to her rescue 7,constitutiones ,napolitana sive ,sicul1 i4 #bh1 #bb ,lindenbrog1 ,codex legum antiquarum1 pp4 #gae1 #gab74 ,bracton says 7,de ,legibus et ,consuetudinibus ,angli1 fol4 #aba1 vol4 ii4 #bhj sq47 that he who could rescue a man from death and did not do it1 ought not to be exempt from punishment4 ,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 so1 is to be regarded as an accomplice in the offence 7,geyer1 ,lehre von der ,nothwehr1 p4 #gd4 ,gregory ,,ix4 ,decretales1 v4 #ab1 #f4 #b3 ,qui potuit hominem liberare a morte1 et non liberavit1 eum occidit74 ,the more scrutinising the moral consciousness1 the greater the importance which it attaches to positive commandments4 ,this is well illustrated by a comparison between ,old and ,new ,testament morality4 ,as ,professor ,seeley observes1#c the old legal formula began 'thou shalt not1' the new begins with 'thou shalt4' ,the young man who had kept the whole law--that is1 who had refrained from a number of actions--is commanded to do something1 to sell his goods and feed the poor4 ,condemnation was passed under the ,mosaic law upon him who had sinned1 who had done something forbidden--the soul that sinneth shall die2 ,christ's condemnation is pronounced upon those who had not done good--',i was an hungered and ye gave me no meat4' ,the sinner whom ,christ habitually denounces is he who has done nothing4 ,this characteristic is repeatedly manifested in ,his parables--as in the case of the priest and ,levite who passed by on the other side2 in the case of ,dives1 of whom no ill is recorded except that a beggar lay at his #cje gate full of sores and yet no man gave unto him2 in the case of the servant who hid in a napkin the talent committed to him4 ,however1 to say that the new morality involved the discovery of a new continent in the moral globe1#d is obviously an exaggeration4 ,the customs of all nations contain not only prohibitions1 but positive injunctions as well4 ,to be generous to friends1 charitable to the needy1 hospitable to strangers1 are rules which1 as will be seen1 may be traced back to the lowest stages of savagery known to us4 ,the difference in question is only one of degree4 ,of the ,bangerang tribe in ,victoria ,mr4 ,curr observes3--,aboriginal restraints were1 in the majority of cases1 though not altogether1 of a negative character2 an individual might not do this1 and might not eat that1 and might not say the other4 ,what he should do under any circumstances1 or that he should do anything1 were matters with which custom interfered less frequently4#e ,footnote #c3 ,seeley1 ,ecce ,homo1 p4 #agf4 ,footnote #d3 ,ibid4 p4 #agi4 ,footnote #e3 ,curr1 ,recollections of ,squatting in ,victoria1 p4 #bfd sq4 ,whilst the unreflecting mind has a tendency to overlook or underrate the guilt of a person who1 whether wilfully or by negligence1 causes harm by doing nothing1 it is on the other hand1 apt to exaggerate the guilt of a person who1 not wilfully but out of heedlessness or rashness1 causes harm by a positive act4 ,in reality the latter person is blamable not for what he did1 but for what he omitted to do1 for want of due attention1 for not thinking of the probable consequences of his act or for insufficient advertence to them4 ,but the superficial judge largely measures the agent's guilt by the actual harm done1 and in many cases even attributes to carelessness what was due to sheer misfortune4 ,as ,sir ,f4 ,pollock and ,prof4 ,maitland rightly observe1 it is not true that barbarians will not trace the chain of causation beyond its nearest link--that1 for example1 they will not impute one man's death to another unless that other has struck a blow which laid a corpse at his feet4#f #cjf ,among the ,wanyoro1 should a girl die in childbirth1 the seducer is also doomed to die1 unless he ransom himself by payment of some cows4#g ,among the ,wakamba1 if a man is the second time guilty of manslaughter in a state of drunkenness1 the elders may either sentence him to death1 or make the seller of drink pay compensation to the family of the victim4#h ,according to the native code of ,malacca1 if vicious buffaloes or cattle be tied in the highway1 where people are in the habit of passing and repassing1 and gore or wound any person1 the owner shall be fined one tahil and one paha1 and pay the expense necessary for the cure of the wounded individual4 ,should he be gored to death1 then the owner shall be fined according to the ,diyat1 because the owner is criminal in having tied the animal in an improper place4#i ,in the ,laws of ,alfred it is said that1 if a man have a spear over his shoulder and anybody stake himself on it1 the man with the spear has to pay the wer4#aj ,according to an ancient custom1 in vogue in ,england as late as the thirteenth century1 one who was accused of homicide was1 before going to the wager of battle1 expected to swear that he had done nothing through which the dead man had become further from life and nearer to death2#aa 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 ,i4'#ab ,at your request ,i accompany you when you are about your own affairs2 my enemies fall upon and kill me2 you must pay for my death4#ac ,you take me to see a wild beast show or that interesting spectacle a madman2 beast or madman kills me2 you must pay4 ,you hang up your sword2 some one else knocks it down so that it cuts me2 you must pay4#ad ,in all these cases you did something that helped to bring #cjg about death or wound1 and you are consequently held responsible for the mishap4 ,footnote #f3 ,pollock and ,maitland1 ,history of ,english ,law before the ,time of ,edward ,i4 ii4 #dgj4 ,footnote #g3 ,emin ,pasha in ,central ,africa1 p4 #hc4 ,footnote #h3 ,decle1 ,three ,years in ,savage ,africa1 p4 #dhg4 ,footnote #i3 ,newbold1 ,british ,settlements in the ,straits of ,malacca1 ii4 #bef sq4 ,footnote #aj3 ,laws of ,alfred1 #cf4 ,footnote #aa3 ,leges ,henrici ,i4 xc4 #aa4 ,bracton1 op4 cit4 fol4 #ada b1 vol4 ii4 #ddj sq4 ,footnote #ab3 ,pollock and ,maitland1 op4 cit4 ii4 #dgj sq4 ,footnote #ac3 ,leges ,henrici ,i4 lxxxviii4 #i4 ,footnote #ad3 ,ibid4 xc4 #aa4 ,pollock and ,maitland1 op4 cit4 ii4 #dga4 ,but though early custom and law may be anxious enough to trace an event to its source1 they easily fail to distinguish between external and internal causes1 to discover where there is guilt or not1 and1 in case of carelessness1 to determine the magnitude of the offender's guilt4 ,ancient ,teutonic law1 as we have seen1 distinguished between vili and vadhi4 ,it punished the involuntary manslayer less heavily than the voluntary one1 but it punished him all the same2 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 itself4#ae ,according to the ,laws of ,hvammurabi1 if the doctor has treated a gentleman for a severe wound with a lancet of bronze1 and has caused the gentleman to die1 or has opened an abscess of the eye for a gentleman with the bronze lancet and has caused the loss of the gentleman's eye1 one shall cut off his hands4#af ,in the ,mosaic law distinction was made between presence and absence of enmity in the manslayer1 but the difference between carelessness and misfortune was not considered1#ag except when the instrument of death was a goring ox4#ah ,however1 in this1 as in many other respects1 great progress was made by the later legislation of the ,jews4 ,the ,rabbis took considerable pains to distinguish between purely accidental homicide and homicide due to carelessness2 the former they exempted from all punishment1 whereas the latter incurred the punishment of confinement to a city of refuge4#ai ,they even distinguished between cases in which the death was exclusively due to the carelessness of the agent1 and cases in which the deceased contributed to it by some blamable act of his own4 ,a father or a teacher #cjh who in punishing his son or pupil unintentionally caused his death1 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 refuge1 but escaped punishment altogether4#bj ,whatever else may be said of these provisions1 they certainly show remarkable discernment in a point where legislators of a ruder type have been very indiscriminate4 ,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 him1 and we find that many horses and boats bore the guilt which should have been ascribed to beer4#ba ,when a drunken carter was crushed beneath the wheel of his cart1 the cart1 the cask of wine which was in it1 and the oxen that were drawing it1 were all deodand4#bb ,according to the customary law of the ,ossetes1 if a stolen gun went off in the hands of the thief who was carrying it away1 and killed him1 the thief's kin had a just feud against the owner of the gun4#bc ,footnote #ae3 ,wilda1 ,strafrecht der ,germanen1 p4 #egh4 ,geyer1 op4 cit4 p4 #hh4 ,brunner1 ,forschungen zur ,geschichte des deutschen und franzsischen ,rechtes1 p4 #dii4 ,footnote #af3 ,laws of ,hvammurabi1 #bah4 ,footnote #ag3 ,numbers1 xxxv4 #af sqq4 ,deuteronomy1 xix4 #d sqq4 ,footnote #ah3 ,exodus1 xxi4 #bh-cb1 #ce sq4 ,cf4 ,laws of ,hvammurabi1 #bej sqq4 ,footnote #ai3 ,rabbinowicz1 ,lgislation criminelle du ,talmud1 p4 #agc sqq4 ,footnote #bj3 ,ibid4 p4 #agd4 ,benny1 ,criminal ,code of the ,jews according to the ,talmud ,massecheth ,synhedrin1 p4 #aae sq4 ,footnote #ba3 ,pollock and ,maitland1 op4 cit4 ii4 #dgd1 n4 #d4 ,footnote #bb3 ,three ,early ,assize ,rolls for the ,county of ,northumberland1 p4 #if sq4 ,footnote #bc3 ,kovalewsky1 ,coutume contemporaine1 p4 #bie4 ,modern laws generally hold a person liable for harm caused by him through want of ordinary care and foresight1 and it depends on the nature of the case whether he will have to pay damages or to suffer punishment4 ,yet1 as we have previously noticed1 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-men1 but1 largely1 by the harm resulting2 whereas1 if nobody happens to be hurt1 little notice is taken of his fault4 ,to such an extent are men's judgments in these matters influenced by external facts1 that even nowadays many among ourselves will hold a person answerable for all the damage which directly ensues from an act of his1 even though no foresight could have reasonably been expected #cji to look out for it4#bd ,not long ago there were plausible1 if insufficient1 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 body4#be ,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#bf--;a principle which1 more or less modified1 has been adopted by modern laws4#bg ,although they take pains to point out the difference between punishment and indemnification1 the very language they use indicates the quasi-ethical basis on which their theory rests4 ,it is only just1 they say1 that he who has caused the evil should compensate for it1 since the injured party is still much more innocent than he4 ,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 loss4#bh ,thus1 whilst loss from accident is generally allowed to lie where it falls1 an exception is made where the instrument of misfortune is a human being4 ,this is a most unreasonable exception1 but one not difficult to explain4 ,people are ready to blame a person who commits a harmful deed1 whether he deserves blame or not2 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 conduct4 ,hence the liability1 if not the guilt1 is laid on him who is a cause of pain by doing something1 even though it be by merely spasmodic contractions of his muscles2 whereas the other party1 who only exposed himself to the risk of being hurt1 is regarded as the more innocent4 ,footnote #bd3 ,holmes1 ,common ,law1 p4 #hj4 ,footnote #be3 ,stanley v4 ,powell1 in ,law ,reports1 ,queen's ,bench ,division1 #ahia1 i4 #hf sqq4 ,pollock and ,maitland1 op4 cit4 ii4 #dge sq4 ,footnote #bf3 von ,jhering1 ,schuldmoment im rmischen ,privatrecht1 passim1 especially pp4 #bj sqq41 #dj sqq4 ,hepp1 op4 cit4 p4 #ajf4 ,footnote #bg3 ,forsman1 ,bidrag till lran om skadestnd i brottml1 p4 #aeh sq4 ,pollock1 ,law of ,torts1 p4 #abi sqq4 ,footnote #bh3 ,thon1 ,rechtsnorm und subjectives ,recht1 p4 #ajf1 n4 #ga4 ,whilst culpability or quasi-culpability is thus imputed to the innocent committer of a harmful deed1 little or no #caj censure is passed on him whose want of foresight or want of self-restraint is productive of suffering1 if only the effect is sufficiently remote4 ,this is exemplified by the frivolous leniency with which drunkenness1 not long ago1 was looked upon in many civilised countries1 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 vices1 poverty1 or bodily infirmities of the parents4 ,to interfere here1 it is argued1 would be to intrude upon the individual's right of freedom1 or to meddle with the affairs of ,providence4 ,but men are not1 generally1 allowed to do mischief simply in order to gratify their own appetites1 and ,providence might equally well be called in to answer for any other kind of human shortcoming4 ,i presume the true explanation to be1 that in this1 as in many other kindred cases1 the cause and effect are so distant from each other that the near-sighted eye does not distinctly perceive the connection between them4 ,indeed1 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 foresight4 ,and there is no safer measure of the moral enlightenment of a man than the scrupulosity with which he considers the possible consequences of acts1 and the number of positive commandments which are contained in his catalogue of duties4 99 99 99 99 99 ,that moral indignation and moral approval are from the very beginning felt1 not with reference to certain modes of conduct per se1 but with reference to persons on account of their conduct1 is obvious from the intrinsic nature of those emotions4 ,as we noticed before1 they derive one of their most essential characteristics from their being directed against sensitive agents4 ,hence they may as naturally give rise to judgments on human character as to judgments on human conduct4 ,and even when a moral judgment immediately refers to a distinct act1 it takes notice of the #caa agent's will as a whole4 ,the forgiveness which follows sincere repentance1 and the distinction made between injuries committed deliberately in cold blood and injuries committed in the heat of passion1 indicate that men1 in their moral judgments1 are apt to consider something more than a momentary volition4 ,the same tendency is at the bottom of the common practice of punishing a second and third offence more severely than the first4 ,among the ,masai1 if a man is convicted of a particular crime several times1 or constitutes himself a public nuisance1 he is proclaimed an outlaw1 his property is confiscated1 and he is beaten away from any settlement or village he goes near4 ,unless an outlaw can find friends among non-,masai tribes1 he dies of starvation4#bi ,among the ,wakamba a murder is judged by the elders2 if it is a man's first offence of that kind he is punished by a fine4 4 4 4 ,but a man convicted for the second time of murder is killed at once1 everyone setting on him the moment judgment is delivered4 4 4 4 ,for rape a first offender is flogged1 and has to pay a fine of one cow2 for the second offence he is killed4#cj ,among the ,wyandots of ,north ,america1 a woman guilty of adultery1 for the first offence is punished by having her hair cropped2 for repeated offences her left ear is cut off4#ca ,the laws of the ,incas1 also1 were more lenient to a first offence than to a second2#cb and in the kingdom of ,mechoacan1 whilst the first theft was not severely punished1 the thief who repeated his crime was thrown down a precipice and his carcass was left to the birds of prey4#cc ,among the ,aleuts1 for the first theft corporal punishment was inflicted2 for the second offence of the kind some fingers of the right hand were cut off2 for the third1 the left hand and sometimes the lips were amputated2 and for the fourth offence the punishment was death4 ,other crimes1 again1 were punished at first by reprimand by the chief before the community1 and upon repetition the offender was bound and kept in such a condition for some time4#cd ,the ,kamchadales burn the hands of people who have been frequently caught in theft1 but for the first offence the thief must restore what he hath stolen1 and live alone #cab in solitude1 without expecting any assistance from others4#ce ,among the ,ainu1 for breaking into the storehouse or dwelling of another1 a very sound beating was administered for the first offence2 for the second1 sometimes the nose was cut off1 sometimes the ears1 and in some cases both the nose and ears were forfeited4 4 4 4 ,persons who had committed such a crime twice were driven bag and baggage out of the home and village to which they belonged4#cf ,among the ,murray ,islanders repetition of an offence such as murder or robbery generally incurred a penalty of death1 whereas the first offence was punished only by a fine4#cg ,according to the ,javanese ,nti ,sstra1 if a man violates the law1 he may for the first transgression be punished by a pecuniary fine1 for the second by a punishment affecting his person1 but for the third he may be punished with death4#ch ,the ,penal ,code of the ,chinese prescribes that1 for the first offence1 individuals convicted of being concerned in a theft shall be branded in the lower part of the left arm with two words signifying thief1 that for the second offence they shall be branded again with the same words in the lower part of the right arm1 but that for the third offence they shall suffer death by being strangled1 after remaining the usual period in confinement4#ci ,in ,nepal1 in the case of theft or petty burglary1 for the first offence one hand is cut off1 for the second the other hand1 whilst the third offence is capital4#dj ,herodotus mentions with approval that in ancient ,persia not even the king was allowed to put any one to death for a single crime4#da ,according to the ,venddd1 the gravity of a crime does not depend only on the gravity of the deed1 but on its frequency as well4#db ,in ancient ,rome the repetition of a crime aggravated its punishment4#dc ,according to early ,english law1 the punishment upon a second conviction for nearly every offence was death or mutilation4#dd ,in modern ,european legislation1 the principle that the criminality of certain crimes is increased by their repetition is generally recognised4 ,footnote #bi3 ,hinde1 ,the ,last of the ,masai1 p4 #ajh4 ,footnote #cj3 ,decle1 op4 cit4 p4 #dhg4 ,footnote #ca3 ,powell1 ',wyandot ,government1' in ,ann4 ,rep4 ,bur4 ,ethn4 i4 #ff4 ,footnote #cb3 ,herrera1 ,general ,history of the ,west ,indies1 iv4 #cch sqq4 ,footnote #cc3 ,ibid4 iii4 #bee4 ,footnote #cd3 ,veniaminof1 quoted by ,petroff1 ',report on ,alaska1' in ,tenth ,census of the ,united ,states1 p4 #aeb4 ,footnote #ce3 ,krasheninnikoff1 ,history of ,kamschatka1 p4 #agi4 ,footnote #cf3 ,batchelor1 ,ainu and their ,folk-lore1 p4 #bhe4 ,footnote #cg3 ,hunt1 in ,jour4 ,anthr4 ,inst4 xxviii4 #f4 ,footnote #ch3 ,raffles1 ,history of ,java1 i4 #bfb4 ,footnote #ci3 ,ta ,tsing ,leu ,lee1 sec4 cclxix4 p4 #bhe4 ,footnote #dj3 ,hodgson1 ,miscellaneous ,essays1 ii4 #bce4 ,footnote #da3 ,herodotus1 i4 #acg4 ,footnote #db3 ,venddd1 iv4 #ag sqq4 ,footnote #dc3 ,mommsen1 ,rmisches ,strafrecht1 p4 #ajdd4 ,footnote #dd3 ,stephen1 op4 cit4 i4 #eh4 ,the more a moral judgment is influenced by reflection1 the more it scrutinises the character which manifests itself #cac in that individual piece of conduct by which the judgment is occasioned4 ,but however superficial it be1 it always refers to a will conceived of as a continuous entity1 to a person regarded as a cause of pleasure or pain4 ,this holds good of savage and civilised men alike4 ,even tame animals1 in response to a hurt or a benefit1 behave differently towards different persons according to their previous experience of the agent4 ,,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 view4 ,we have seen that such judgments are essentially passed on conduct and character1 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 enlightened4 ,but an important question still calls for an answer1 the question1 ,why is this so8 ,we cannot content ourselves with the bare fact that nothing but the will is morally good or bad4 ,we must try to explain it4 ,after what has been said above the explanation is not far to seek4 ,moral judgments are passed on conduct and character1 because such judgments spring from moral emotions2 because the moral emotions are retributive emotions2 because a retributive emotion is a reactive attitude of mind1 either kindly or hostile1 towards a living being 7or something looked upon in the light of a living being71 regarded as a cause of pleasure or as a cause of pain2 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 will4 ,the correctness of this explanation ,i consider to be proved by the fact that not only moral emotions1 but non-moral retributive emotions as well1 are felt with reference to phenomena #cae exactly similar in nature to those on which moral judgments are passed4 ,like moral indignation1 the emotion of revenge can be felt only towards a sentient being1 or towards something which is believed to be sentient4 ,we may be angry with inanimate things for a moment1 but such anger cannot last2 it disappears as soon as we reflect that the thing in question is incapable of feeling pain4 ,even a dog which1 in playing with another dog1 hurts itself1 for instance1 by running into a tree1 changes its angry attitude immediately it notices the real nature of that which caused it pain4#a ,footnote #a3 ,hiram ,stanley1 ,studies in the ,evolutionary ,psychology of ,feeling1 p4 #aed sq4 ,equivalent to injuries resulting from inanimate things are injuries resulting accidentally from animate beings4 ,if my arm or my foot gives a push to my neighbour1 and he is convinced that the push was neither intended nor foreseen nor due to any carelessness whatever on my part1 surely he cannot feel angry with me4 ,why not8 ,professor ,bain answers this question as follows3--,aware that absolute inviolability is impossible in this world1 and that we are all exposed by turns to accidental injuries from our fellows1 we have our minds disciplined to let unintended evil go by without satisfaction of inflicting some counter evil upon the offender4#b ,perhaps another answer would be that an accidental injury in no way affects the self-feeling of the sufferer4 ,but neither of these explanations goes to the root of the question4 ,let us once more remember that even a dog distinguishes between being stumbled over and being kicked2 and this can neither be the result of discipline1 nor have anything to do with the feeling of self-regarding pride4#c ,the reason is that the dog scents an enemy in the person who kicks him1 but not in the one who stumbles4 ,my neighbour1 more clearly still1 makes a distinction between a part of my body and myself as a #caf volitional being1 and finds that ,i am no proper object of resentment when the cause of the hurt was merely my arm or my foot4 ,an event is attributed to me as its cause only in proportion as it is considered to have been brought about by my will2 and ,i1 regarded as a volitional and sensitive entity1 can be a proper object of resentment only as a cause of pain4 ,footnote #b3 ,bain1 ,emotions and the ,will1 p4 #ahe4 ,footnote #c3 ,the ,koussa ,kafirs1 according to ,lichtenstein 7,travels in ,southern ,africa1 i4 #bed71 expect a similar discrimination from the elephant2 for if an elephant is killed 4 4 4 they seek to exculpate themselves towards the dead animal1 by declaring to him solemnly1 that the thing happened entirely by accident1 not by design4 ,we can hardly feel disposed to resent injuries inflicted upon us by animals1 little children1 or madmen1 when we recognise their inability to judge of the nature of their acts4 ,they are not the real causes of the mischief resulting from their deeds1 since they neither intended nor foresaw nor could have foreseen it4 ,why1 says the ,stoic1 do you bear with the delirium of a sick man1 or the ravings of a madman1 or the impudent blows of a child8 ,because1 of course1 they evidently do not know what they are doing4 4 4 4 4 ,would anyone think himself to be in his perfect mind if he were to return kicks to a mule or bites to a dog8#d ,hartley observes1 ,as we improve in observation and experience1 and in the faculty of analysing the actions of animals1 we perceive that brutes and children1 and even adults in certain circumstances1 have little or no share in the actions referred to them4#e ,footnote #d3 ,seneca1 ,de ira1 iii4 #bf sq4 ,footnote #e3 ,hartley1 ,observations on ,man1 i4 #dic4 ,deliberate resentment considers the motives of acts4 ,suppose that a man tells us an untruth4 ,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 benefit4 ,moreover1 our anger abates1 or ceases altogether1 if we find that he who injured us acted under compulsion1 or under the influence or a non-volitional impulse1 too strong for any ordinary man to resist4 ,then1 the main cause or the injury was not his will1 conceived as a continuous entity4 ,it yielded to the will of somebody else1 reluctantly1 as it were out of necessity1 or to a powerful conation which forms no part of his real self4 ,he was merely an instrument in another's hands1 or he was beside himself1 beyond himself1 out of his #cag mind4 ,when we are angry1 says ,montaigne1 it is passion that speaks1 and not we4#f ,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 which1 in his sober senses1 he is heartily sorry for4 ,hence the ,ate has in its train the ,litae--the humble prayers of repentance1 which must make good1 before gods and men1 whatever has been done amiss4#g ,the ,vedic singer apologises1 ,it is not our own will1 ,varuna1 that leads us astray1 but some seduction--wine1 anger1 dice1 and our folly4#h ,in the ,andaman ,islands violent outbreaks of ill-temper or resentment are looked upon as the result of a temporary possession1 and the victim is1 for the time being1 considered unaccountable for his actions4#i ,madness1 as we have seen1 is frequently attributed to demoniacal possession4 ,in ancient ,ireland1 again1 it was believed to be often brought on by malignant magical agency1 usually the work of some druid1 hence in the ,glosses to the ,senchus ,mr a madman is repeatedly described as one upon whom the magic wisp has been thrown4#aj ,what a person does in madness is not an act committed by him4 ,was 't ,hamlet wrong'd ,laertes8 ,never ,hamlet3 ,if ,hamlet from himself be ta'en away1 ,and when he's not himself does wrong ,laertes1 ,then ,hamlet does it not1 ,hamlet denies it4 ,who does it1 then8 ,his madness3 if 't be so1 ,hamlet is of the faction that is wrong'd2 ,his madness is poor ,hamlet's enemy4#aa ,footnote #f3 ,montaigne1 ,essais1 ii4 #ca 7,,oeuvres1 p4 #cif74 ,footnote #g3 ,iliad1 ix4 #eje sqq4 ,mller1 ,dissertations on the ,eumenides1 p4 #ajh4 ,footnote #h3 ,rig-,veda1 vii4 #hf4 #f4 ,footnote #i3 ,man1 in ,jour4 ,anthrop4 ,inst4 xii4 #aaa4 ,footnote #aj3 ,joyce1 ,social ,history of ,ancient ,ireland1 i4 #bbd4 ,footnote #aa3 ,shakespeare1 ,hamlet1 v4 #b4 ,we resent not only acts and volitions1 but also omissions1 though generally less severely2 and when a hurt is attributed to want of foresight1 our resentment is1 ceteris paribus1 proportionate to the degree of carelessness #cah which we lay to the offender's charge4 ,a person appears to us as the cause of an injury which we think he could have prevented by his will4 ,but a hurt resulting from carelessness is not to the same extent as an intentional injury caused by the will4 ,and the less foresight could have been expected in a given case1 the smaller share has the will in the production of the event4 ,our resentment is increased by a repetition of the injury1 and reaches its height when we find that our adversary nourishes habitual ill-will towards us4 ,on the other hand1 as we have noticed in a previous chapter1#ab the injured party is not deaf to the prayer for forgiveness which springs from genuine repentance4 ,like moral indignation1 non-moral resentment takes into consideration the character of the injurer4 ,footnote #ab3 ,supra1 ch4 iii4 ,passing to the emotion of gratitude1 we find a similar resemblance between the phenomena which give rise to this emotion and those which call forth moral approval4 ,we may feel some kind of retributive affection for inanimate objects which have given us pleasure2 a man grows fond of a snuff-box1 of a pen-knife1 of a staff which he has long made use of1 and conceives something like a real love and affection for them4#ac ,but gratitude1 involving a desire to please the benefactor1 can reasonably be felt towards such objects only as are themselves capable of feeling pleasure4 ,moreover1 on due deliberation we do not feel grateful to a person who benefits us by pure accident4 ,since gratitude is directed towards the assumed cause of pleasure1 and since a person is regarded as a cause only in his capacity of a volitional being1 gratitude presupposes that the pleasure shall be due to his will4 ,for the same reason motives are also taken into consideration by the benefited party4 ,as ,hutcheson observes1 bounty from a donor apprehended as morally evil1 or extorted by force1 or conferred with some view of self-interest1 will not procure real good-will2 nay1 it may raise indignation4#ad #cai ,like moral approval1 gratitude may be called forth not only by acts and volitions1 but by absence of volitions1 in so far as this absence is traceable to a good disposition of will4 ,and1 like the moral judge1 the grateful man is1 in his retributive feeling1 influenced by the notion he forms of the benefactor's character4 ,footnote #ac3 ,adam ,smith1 ,theory of ,moral ,sentiments1 p4 #acf4 ,footnote #ad3 ,hutcheson1 ,inquiry concerning ,moral ,good and ,evil1 p4 #aeg4 ,the cognitions by which non-moral resentment and gratitude are determined are thus1 as regards their general nature1 precisely similar to those which determine moral indignation and approval4 ,whether moral or non-moral1 a retributive emotion is essentially directed towards a sensitive and volitional entity1 or self1 conceived of as the cause of pleasure or the cause of pain4 ,this solves a problem which necessarily baffles solution in the hands of those who fail to recognise the emotional origin of moral judgments1 and which1 when considered at all1 has1 ,i think1 never been fully understood by those who have essayed it4 ,it has been argued1 for instance1 that moral praise and blame are not applied to inanimate things and those who commit involuntary deeds1 because they are administered only where they are capable of producing some effect2#ae that moral judgment is concerned with the question of compulsion1 because only when a man acts morally of his own free will is society sure of him2#af that we do not regard a lunatic as responsible1 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 upon4#ag ,the bestowal of moral praise or blame on such or such an object is thus attributed to utilitarian calculation2#ah whereas in reality it is determined by the nature of the moral emotion which lies at the bottom of the judgment4 ,and1 as ,stuart ,mill observes 7though he never seems to have realised the full import of his objection71 whilst we may administer praise and blame with the express design of influencing conduct1 no anticipation of salutary effects #cbj from our feeling will ever avail to give us the feeling itself4#ai ,footnote #ae3 ,james ,mill1 ,fragment on ,mackintosh1 p4 #cgj4 ,footnote #af3 ,ziegler1 ,social ,ethics1 p4 #ef sq4 ,footnote #ag3 ,clifford1 ,lectures and ,essays1 p4 #bif4 ,footnote #ah3 ,see also ,james ,mill1 op4 cit4 pp4 #bfa1 #bfb1 #cge4 ,footnote #ai3 ,stuart ,mill1 in a note to ,james ,mill's ,analysis of the ,phenomena of the ,human ,mind1 ii4 #cbc4 99 99 99 99 99 ,the nature of the moral emotions also gives us the key to another important problem--a problem which has called forth endless controversies--namely1 the co-existence of moral responsibility with the general law of cause and effect4 ,it has been argued that responsibility1 and moral judgments generally1 are inconsistent with the notion that the human will is determined by causes2 that either free-will is a fact1 or moral judgment a delusion4 ,the argument has been well summed up by ,sir ,leslie ,stephen as follows3--,moral responsibility1 it is said1 implies freedom4 ,a man is only responsible for that which he causes4 ,now the causa caus is also the causa causati4 ,if ,i am caused as well as cause1 the cause of me is the cause of my conduct2 ,i am only a passive link in the chain which transmits the force4 ,thus1 as each individual is the product of something external to himself1 his responsibility is really shifted to that something4 ,the universe or the first cause is alone responsible1 and since it is responsible to itself alone1 responsibility becomes a mere illusion4#bj ,we are told that1 if determinism were true1 human beings would be no more proper subjects of moral valuation than are inanimate things2 that the application of moral praise and blame would be in itself as absurd as to applaud the sunrise or be angry at the rain2#ba that the only admiration which the virtuous man might deserve would be the kind of admiration which we justly accord to a well-made machine4#bb ,nor are these inferences from the doctrine of determinism only weapons forged by its opponents2 they are shared by many of its own adherents4 ,richard ,owen and his followers maintained that1 since a man's character is made for him1 not by him1 there is no justice in punishing #cba him for what he cannot help4#bc ,to ,stuart ,mill responsibility simply means liability to punishment1 inflicted for a utilitarian purpose4#bd ,so also ,prof4 ,sidgwick--whose attitude towards the free-will theory is that of a sceptic--argues that the common retributive view of punishment1 and the ordinary notions of merit1 demerit1 and responsibility1 involve the assumption that the will is free1 and that these terms1 if used at all1 have to be used in new significations4 ,if the wrong act1 he says1 and the bad qualities of character manifested in it1 are conceived as the necessary effects of causes antecedent or external to the existence of the agent1 the moral responsibility--in the ordinary sense--for the mischief caused by them can no longer rest on him4 ,at the same time1 the ,determinist can give to the terms 'ill-desert' and 'responsibility' a signification which is not only clear and definite1 but1 from an utilitarian point of view1 the only suitable meaning4 ,in this view1 if ,i affirm that ,a is responsible for a harmful act1 ,i mean that it is right to punish him for it2 primarily1 in order that the fear of punishment may prevent him and others from committing similar acts in future4#be ,footnote #bj3 ,leslie ,stephen1 ,science of ,ethics1 p4 #bhe4 ,footnote #ba3 ,martineau1 ,types of ,ethical ,theory1 ii4 #da sq4 ,footnote #bb3 ,balfour1 ,foundations of ,belief1 p4 #be4 ,footnote #bc3 ,stuart ,mill1 ,examination of ,sir ,william ,hamilton's ,philosophy1 p4 #ejf4 ,footnote #bd3 ,ibid4 p4 #ejf sqq4 ,footnote #be3 ,sidgwick1 ,methods of ,ethics1 p4 #ga sq4 ,if these conclusions are correct it is obvious that1 whether the infliction of punishment be justifiable or not1 the feeling of moral indignation or moral approval is1 from the deterministic point of view1 absurd4 ,and yet1 as a matter of fact1 these emotions are felt by determinists and libertarians alike4 ,apparently1 they are not in the least affected by the notion that the human will is subject to the general law of cause and effect4 ,emotions are always determined by specific cognitions1 and last only as long as the influence of those cognitions lasts4 ,it makes me sorry to hear that some evil has befallen a friend2 but my sorrow disappears at once when ,i find that the rumour was false4 ,i get angry with a person who hurts me2 but my anger subsides as soon as ,i recognise that the hurt was purely accidental4 ,my indignation is aroused by an #cbb atrocious crime2 but it ceases entirely when ,i hear that the agent was mad4 ,on the other hand1 however convinced ,i am that a person's conduct and character are in every detail a product of causes1 that does not prevent me from feeling towards him retributive emotions--either anger or gratitude1 or moral resentment or approval4 ,hence ,i conclude that a retributive emotion is not essentially determined by the cognition of free-will4 ,i hold that ,spinoza is mistaken in his assumption that men feel more love or hatred towards one another than towards anything else1 because they think themselves to be free4#bf ,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 emotions4 ,at the same time it seems easy to explain the fallacy which lies at the bottom of that conception4 ,footnote #bf3 ,spinoza1 ,ethica1 iii4 #di1 ,note4 ,we have seen that the object of moral approval and disapproval is the will1 and that a person's responsibility is lessened in proportion as his will is exposed to the pressure of non-volitional conations4 ,full responsibility thus presupposes freedom from such pressure1 and1 particularly1 freedom from external compulsion4 ,hence the inference that it also presupposes freedom from causation1 and that complete determination involves complete irresponsibility4 ,compulsion is confounded with causation2 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 will4 ,the popular mind has a strong belief in the law of cause and effect4 ,when reflecting on the matter1 it admits that everything which happens in this world has a cause2 and if the natural cause is hidden1 it readily calls in a supernatural cause to account for the event4 ,now1 in the case of human volitions the chain of causation is often particularly obscure2 as ,spinoza said1 whilst men are conscious of their volitions and desires1 they never even #cbc dream1 in their ignorance1 of the causes which have disposed them so to wish and desire4#bg ,hence1 when in a philosophic mood1 they are liable to attribute their acts to the influence of an external power ruling over human affairs1 a god or an all-powerful fate4 ,no doubt1 ,providence and ,fate#bh may effect their purposes without the will of man as their tool2 what happens by chance1 being frequently no less wonderful than any decree of a human will1 may likewise be traced to a supernatural cause4 ,but1 on the other hand1 the fact that the deeds of men are generally preceded by volitions1 is so obvious that it could not escape even the simplest mind--indeed1 so strongly are primitive men impressed by this fact that they are apt to attribute every event to a will4 ,acknowledging1 then1 the connection between volition and deed1 the fatalist regards the former only as an instrument in the hands of a force outside the agent1 which compels his will to execute its plans4 ,sometimes it reaches its goal in a way quite unforeseen by the agent himself4 ,muhammed said1 ,when ,god hath ordered a creature to die in any particular place1 ,he causeth his wants to direct him to that place2#bi and it is a popular saying throughout ,islam that whenas ,destiny descends she blindeth human sight4#cj ,sometimes the external power causes its victim to will its decree1 by exciting in him some irresistible passion1 as when ,zeus urged ,clytemnestra to the slaughter of ,agamemnon2 or the volitions of a person are themselves regarded as decreed by that power4 ,in ,wrend1 in ,sweden1 when somebody has killed another1 as also when the manslayer himself suffers the penalty of death1 the women say1 full of compassion1 ,well1 this was his destiny1 to be sure1 or ,poor fellow1 it was a pitiful fate4#ca ,in one of the ,pahlavi texts the following words are put into the mouth of the ,spirit of #cbd ,wisdom3--,even with the might and powerfulness of wisdom and knowledge1 even then it is not possible to contend with destiny4 ,because1 when predestination as to virtue1 or as to the reverse1 comes forth1 the wise becomes wanting in duty1 and the astute in evil becomes intelligent2 the faint-hearted becomes braver1 and the braver becomes faint-hearted2 the diligent becomes lazy1 and the lazy acts diligently4 ,just as is predestined as to the matter1 the cause enters into it1 and thrusts out everything else4#cb ,footnote #bg3 ,ibid4 pt4 i4 ,appendix4 ,footnote #bh3 ,in a ,pahlavi text fate is defined as that which is ordained from the beginning1 and divine providence as that which the sacred beings also grant otherwise 7,dn- ,mang- ,khirad1 xxiv4 #f sq474 ,footnote #bi3 ,lane1 ,arabian ,society in the ,middle ,ages1 p4 #f4 ,footnote #cj3 ,burton1 in his translation of the ,arabian ,nights1 i4 #fb1 n4 #b4 ,footnote #ca3 ,hyltn-,cavallius1 ,wrend och ,wirdarne1 i4 #bjf4 ,footnote #cb3 ,dn- ,mang- ,khirad1 xxiii4 #c sqq4 ,nor is it only the popular mind that1 when human volitions are concerned1 interprets causation as compulsion4 ,even such philosophers as ,hamilton#cc and ,mansel#cd seemed quite unable to distinguish between determinism and fatalism4 ,professor ,laurie likewise observes3--,determinism is the term adopted of late years to veil fatalism and confound issues 4 4 4 4 ,freedom or fate1 these are the sole alternatives4#ce ,surely1 it is those who identify determinism with fatalism that confound issues4 ,and a similar confusion lurks behind the main argument which has been adduced in support of free-will4 ,it is said that ,i ought implies ,i can1 and that men are not accountable for what they cannot avoid4 ,this is perfectly true if by cannot is meant compulsion1 and by can freedom from compulsion4 ,but it is certainly not true if ,i can is intended to mean that ,i am a first cause1 not determined by anything else4 ,footnote #cc3 ,hamilton1 ,lectures on ,metaphysics1 ii4 #daj sqq4 ,footnote #cd3 ,mansel1 ,prolegomena ,logica1 p4 #cbi sqq4 ,footnote #ce3 ,laurie1 ,ethica1 pp4 #cjg1 #cai4 ,when a person's will is believed to be constrained by a power outside him1 he can obviously not be held responsible for what he does under the influence of such constraint4 ,we are responsible only for that which is due to our will4 ,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 virtue2 and if we hear of a criminal that he was kidnapped as a child by a band of pickpockets and trained to their profession1 we #cbe no doubt look upon him with some indulgence4 ,in these cases1 however1 it may be said that1 though the person's conduct is largely due to the influence of external circumstances upon his will1 this influence was not irresistible1 that he might have saved himself with an effort of will1 and that consequently he is not wholly irresponsible4 ,but in the case of a restraining destiny no escape is possible2 the compulsion is complete4 ,hence the logical outcome of radical fatalism is a denial of all moral imputability1 and a repudiation of all moral judgment4#cf ,footnote #cf3 ,of the inhabitants of ,north-,eastern ,africa1 ,munzinger observes 7,ostafrikanische ,studien1 p4 #ff73--,seien sie ,christen1 ,heiden1 odor ,mohammedaner1 schreiben sie ,leben und ,tod1 ,glck und ,unglck1 ,tugend und ,verbrechen der unmittelbaren ,hand ,gottes zu4 ,mit dieser blinder ,nothwendigkeit entschuldigt sich der ,missethter1 trstet sich der ,unglckliche4 ,cf4 also ,doughty1 ,arabia ,deserta1 i4 #aee1 on the ,bedouins4 ,however1 men are not philosophers in the ordinary practice of life1 hence the fatalist is generally as ready as anybody else to judge on his neighbour's conduct4 ,according to various ancient writers1 the power of destiny is limited so as not to exclude personal responsibility 7see ,schmidt1 ,ethik der alten ,griechen1 i4 #ei sq474 ,not so with determinism4 ,whilst fatalism presupposes the existence of a person who is constrained by an outward power1 determinism regards the person himself as in every respect a product of causes4 ,it does not assume any part of his will to have existed previous to his formation by these causes2 his will is not constrained by them1 it is made by them4 ,when we say of a person that he is influenced by external circumstances or subdued by fate1 we regard him as existing independently of that which influences or subdues him1 we attribute to him an innate character which is acted upon from the outside4 ,he would have been different if he had grown up under different conditions of life1 or if fate had left him alone4 ,but it would be absolutely meaningless to say that he would be different if the causes to which he owes his existence had been different2 for instance1 if he were the offspring of different parents4 ,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 circumstances4 ,his innate character belongs to his original #cbf self2 and1 strictly speaking1 it is on the innate character only that the scrutinising moral judge1 so far as possible1 passes his judgment1 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 world4#cg ,according to the fatalist1 the innate character is compelled2 hence personal responsibility is out of the question4 ,according to the determinist the innate character is caused2 but this has nothing whatever to do with the question of responsibility4 ,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 object4 ,in their capacity of retributive emotions1 the moral emotions are essentially directed towards sensitive and volitional entities conceived1 not as uncaused themselves1 but only as causes of pleasure or pain4 ,footnote #cg3 ,that the proper subject of moral judgment is the innate character was emphasised by ,schopenhauer in his prize-essays on ,die ,freiheit des ,willens 7,smmtliche ,werke1 vii4 #hc sqq47 and ,die ,grundlage der ,moral 7ibid4 vii4 #bgc sqq474 ,the innate character1 he says1 that real core of the whole man1 contains the germ of all his virtues and vices4 ,and though ,schopenhauer be mistaken in his statement that a person's character always remains the same1 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 character4 ,,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 praise4 ,we have seen that moral judgments are passed on conduct and character1 and we have seen why this is the case4 ,it now remains for us to examine the particular modes of conduct which are subject to moral valuation1 and to consider how these modes of conduct are judged of by different peoples and in different ages4 ,if carried out in every detail such an investigation could never come to an end4 ,among other things1 it would have to take into account all customs existing among the various races of men1 since every custom constitutes a moral rule4 ,and the impossibility of any such undertaking becomes apparent when we consider the extent to which the conduct of man1 and especially of savage man1 is hampered by custom4 ,among the ,wanika1 for instance1 if a man dares to improve the style of his hut1 to make a larger doorway than is customary2 if he should wear a finer or different style of dress to that of his fellows1 he is instantly fined4#a ,if1 during the performance of a ceremony1 the ancestors of an ,australian native were in the habit of painting a white line across the forehead1 their descendant must do the same4#b ,dr4 ,nansen's statement with reference to the ,greenlanders1 #cbh that their communities had originally customs and fixed rules for every possible circumstance1#c is essentially true of many1 if not all1 of the lower races4 ,footnote #a3 ,new1 ,life1 ,wanderings1 and ,labours in ,eastern ,africa1 p4 #aaj4 ,footnote #b3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #aa4 ,footnote #c3 ,nansen1 ,eskimo ,life1 p4 #ajd4 ,it is necessary1 then1 that we should restrict ourselves to the more important modes of conduct with which the moral consciousness of mankind is concerned4 ,these modes of conduct may be conveniently divided into six groups4 ,the first group includes such acts1 forbearances1 and omissions as directly concern the interests of other men1 their life or bodily integrity1 their freedom1 honour1 property1 and so forth4 ,the second includes such acts1 forbearances1 and omissions as chiefly concern a man's own welfare1 such as suicide1 temperance1 asceticism4 ,the third group1 which partly coincides with1 but partly differs from1 both the first and the second1 refers to the sexual relations of men4 ,the fourth includes their conduct towards the lower animals2 the fifth1 their conduct towards dead persons2 the sixth1 their conduct towards beings1 real or imaginary1 that they regard as supernatural4 ,we shall examine each of these groups separately1 in the above order4 ,and1 not being content with a mere description of facts1 we shall try to discover the principle which lies at the bottom of the moral judgment in each particular case4 99 99 99 99 99 ,it is commonly maintained that the most sacred duty which we owe our fellow-creatures is to respect their lives4 ,i venture to believe that this holds good not only among civilised nations1 but among the lower races as well2 and that1 if a savage recognises that he has any moral obligations at all to his neighbours1 he considers the taking of their lives to be a greater wrong than any other kind of injury inflicted upon them4 ,among various uncivilised peoples1 however1 human life is said to be held very cheap4 ,the ,australian ,dieyerie1 we are told1 would for a mere trifle kill their dearest friend4#d ,in ,fiji there is an utter disregard of #cbi the value of human life4#e ,a ,masai will murder his friend or neighbour in a fight over a herd of captured cattle1 and live not a whit the less merrily afterwards4#f ,among the ,bachapins1 a ,bechuana tribe1 murder excites little sensation1 excepting in the family of the person who has been murdered2 and brings1 it is said1 no disgrace upon him who has committed it2 nor uneasiness1 excepting the fear of their revenge4#g ,the ,orons of ,bengal are ready to take life on very slight provocation1 and ,colonel ,dalton doubts whether they see any moral guilt in it4#h ,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 victim4#i ,among the ,pathans1 on the north-western frontier of the ,punjab1 there is hardly a man whose hands are unstained1 and each person counts up his murders4#aj ,footnote #d3 ,gason1 ',manners and ,customs of the ,dieyerie ,tribe1' in ,woods1 ,native ,tribes of ,south ,australia1 p4 #beh4 ,footnote #e3 ,williams and ,calvert1 ,fiji and the ,fijians1 p4 #aae4 ,footnote #f3 ,johnston1 ,kilima-njaro ,expedition1 p4 #dai4 ,footnote #g3 ,burchell1 ,travels in the ,interior of ,southern ,africa1 ii4 #eed4 ,footnote #h3 ,dalton1 ,descriptive ,ethnology of ,bengal1 p4 #bef4 ,footnote #i3 ,fraser1 ,journal of a ,tour through the ,himala ,mountains1 p4 #bfg4 ,footnote #aj3 ,temple1 quoted by ,spencer1 ,principles of ,ethics1 i4 #cdc4 ,for other instances of the indifference of savages to human life1 see ,egede1 ,description of ,greenland1 p4 #abc2 ,cranz1 ,history of ,greenland1 i4 #agg2 ,holm1 ',ethnologisk ,skizze af ,angmagsalikerne1' in ,meddeleser om ,grnland1 x4 #hg1 #agi sq42 ,coxe1 ,russian ,discoveries between ,asia and ,america1 p4 #beg 7,aleuts of ,unalaska72 ,krasheninnikoff1 ,history of ,kamtschatka1 p4 #bjd2 ,steller1 ,beschreibung von dem ,lande ,kamtschatka1 p4 #bid2 ,boyle1 ,adventures among the ,dyaks of ,borneo1 p4 #aaf 7,malays72 ,powell1 ,wanderings in a ,wild ,country1 p4 #bfb 7aborigines of ,new ,britain72 ,scaramucci and ,giglioli1 ',notizie sui ,danakil1' in ,archivio per antropologia e la etnologia1 xiv4 #bf2 ,wilson and ,felkin1 ,uganda1 ii4 #caj 7,gowane72 ,schweinfurth1 ,heart of ,africa1 i4 #bhf 7,bongo72 ,arnot1 ,garenganze1 p4 #ga 7,barotse72 ,tuckey1 ,expedition to ,explore the ,river ,zaire1 p4 #chc 7,congo natives72 ,waul1 ,five ,years with the ,congo ,cannibals1 p4 #aje 7,bolobo74 ,on the other hand1 there are uncivilised peoples among whom homicide or murder is said to be hardly known4 ,among the ,omahas1 before liquor was introduced there were no murders1 even when men quarrelled4#aa ,captain ,lyon could learn of no instances of manslaughter having ever occurred among the ,eskimo of ,igloolik4#ab ,in ,tutuila1 of the ,samoa group1 according to ,brenchley1 there had been but one case of assassination in the course of twenty years4#ac ,the ,veddahs of ,ceylon know of manslaughter only as a punishment4#ad #ccj ,the ,bedouin of the ,euphrates1 says ,mr4 ,blunt1 is essentially humane1 and never takes life needlessly4 ,if he has killed a man in war he rather conceals the fact than proclaims it aloud1 while murder or even homicide is almost unknown among the tribes4#ae ,among the ,bakwiri1 in ,cameroon1 ,zoller never heard of any person having killed a member of his own community4#af ,murders1 says ,cailli1 are rare among the ,bambaras1 and never committed by the ,mandingoes4#ag ,among the ,wanika wilful cold-blooded murders are almost unknown4#ah ,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 aid1 and in houses where the doors and windows have neither bolts nor bars1 and cases of murder are very rare4#ai ,footnote #aa3 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #cfi4 ,footnote #ab3 ,lyon1 ,private ,journal1 p4 #cej4 ,footnote #ac3 ,brenchley1 ,jottings during the ,cruise of ,h4,m4,s4 ,curaoa among the ,south ,sea ,islands1 p4 #eh4 ,footnote #ad3 ,sarasin1 ,ergebnisse naturwissenschaftlicher ,forschungen auf ,ceylon1 iii4 #eci4 ,cf4 ,tennent1 ,ceylon1 ii4 #ddd4 ,hartshorne1 in ,indian ,antiquary1 viii4 p4 #cbj4 ,footnote #ae3 ,blunt1 ,bedouin ,tribes of the ,euphrates1 ii4 #bjc4 ,cf4 ibid4 ii4 #bjg4 ,footnote #af3 ,zller1 ,kamerun1 i4 #ahh4 ,footnote #ag3 ,cailli1 ,travels through ,central ,africa1 i4 #cec4 ,footnote #ah3 ,new1 op4 cit4 p4 #ih4 ,footnote #ai3 ,casalis1 ,basutos1 p4 #cja4 ,for other instances1 see ,hall1 ,arctic ,researches1 p4 #ega 7,eskimo72 ,dobrizhoffer1 ,account of the ,abipones1 ii4 #adh2 ,turner1 ,samoa1 p4 #agh2 ,ellis1 ,tour through ,hawaii1 p4 #dbi2 ,brooke1 ,ten ,years in ,sarwak1 i4 #fa 7,sea ,dyaks72 ,low1 ,sarawak1 p4 #acc2 ,marsden1 ,history of ,sumatra1 p4 #dga 7,poggi ,islanders72 ,steller1 ,de ,sangi-,archipel1 p4 #bf2 ,riedel1 ,de sluik- en kroesharige rassen tusschen ,selebes en ,papua1 p4 #da 7,ambon and ,uliase ,islanders72 von ,siebold1 ,aino auf der ,insel ,yesso1 pp4 #aa1 #ce2 ,munzinger1 ,ostafrikanische ,studien1 p4 #ecb 7,barea and ,kunma72 ,holub1 ,seven ,years in ,south ,africa1 ii4 #cai 7,marutse72 ,maclean1 ,compendium of ,kafir ,laws and ,customs1 pp4 #fa1 #adc sq42 ,shooter1 ,kafirs of ,natal1 p4 #acg4 ,in other instances homicide is expressly said to be regarded as wrong4 ,the ,greenlanders described by ,dr4 ,nansen hold it atrocious to kill a fellow-creature1 except in some particular cases4#bj ,the ,dacotahs say that it is a great crime to take their fellow's life1 unless in revenge1 because all have a right to live4#ba ,in ,tierra del ,fuego homicide rarely occurs1 as ,mr4 ,bridges remarks1 because of an inveterate custom according to which human life is held sacred3 le meurtrier est mis au ban de ses compatriotes2 isol de tous1 il est fatalement condamn prir de faim ou tomber un jour sous les coups d'un groupe de justiciers improviss4#bb ,the ,andaman ,islanders condemn murder as yubda1 or sin4#bc ,the natives of ,botany ,bay1 ,new #cca ,south ,wales1 though a trivial offence in their ideas justifies the murder of a man1 highly reprobate the crime when committed without what they esteem a just cause4#bd ,according to ,mr4 ,curr's experience1 the ,australian ,black undoubtedly feels that murder is wrong1 and its committal brings remorse2 even after the perpetration of infanticide or massacres1 though both are practised without disguise1 those engaged in them are subject to remorse and low spirits for some time4#be ,footnote #bj3 ,nansen1 ,eskimo ,life1 p4 #afb4 ,footnote #ba3 ,prescott1 in ,schoolcraft1 ,indian ,tribes of the ,united ,states1 ii4 #aie4 ,footnote #bb3 ,hyades and ,deniker1 ,mission scientifique du ,cap ,horn1 vii4 #cgd1 #bdc4 ,footnote #bc3 ,man1 in ,jour4 ,anthr4 ,inst4 xii4 #aab4 ,footnote #bd3 ,barrington1 ,history of ,new ,south ,wales1 p4 #ai4 ,cf4 ,lumholtz1 ,among ,cannibals1 p4 #abf 7natives of ,northern ,queensland74 ,footnote #be3 ,curr1 ,the ,australian ,race1 i4 #ajj1 #dc sq4 ,for other instances1 see ,keating1 ,expedition to the ,source of ,st4 ,peter's ,river1 i4 #abg 7,potawatomis72 ,harmon1 ,journal of ,voyages in the ,interior of ,north ,america1 p4 #cdh 7,indians on the east side of the ,rocky ,mountains72 ,hall1 ,arctic ,researches1 p4 #egb 7,eskimo72 ,mariner1 ,natives of the ,tonga ,islands1 ii4 #afb2 ,macdonald1 ,oceania1 p4 #bjh 7,efatese72 ,yate1 ,account of ,new ,zealand1 p4 #ade2 ,arbousset and ,daumas1 ,exploratory ,tour to the ,north-,east of the ,colony of the ,cape of ,good ,hope1 p4 #cbb 7,bechuanas72 ,fritsch1 ,die ,eingeborenen ,sd-,afrikra's1 p4 #cbb 7,hottentots74 ,it is of particular importance in this connection to note that1 in early civilisation1 blood-revenge is regarded not as a private matter only1 but as a duty1 and that1 where this custom does not prevail1 the community punishes the murderer1 frequently with death4 ,we may without hesitation accept ,professor ,tylor's statement that no known tribe1 however low and ferocious1 has ever admitted that men may kill one another indiscriminately4#bf ,in every society--even where human life is1 generally speaking1 held in low estimation--custom prohibits homicide within a certain circle of men4 ,but the radius of the circle varies greatly4 ,footnote #bf3 ,tylor1 ',primitive ,society1' in ,contemporary ,review1 xxi4 #gad4 ,savages carefully distinguish between an act of homicide committed within their own community and one where the victim is a stranger4 ,whilst the former is under ordinary circumstances disapproved of1 the latter is in most cases allowed1 and often regarded as praiseworthy4 ,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 enemies4 ,among the ,kfirs of the ,hindu-,kush killing strangers might or might not be considered inexpedient1 but it would #ccb hardly be considered a crime2 killing fellow-tribesmen1 on the other hand1 is looked upon in a very different light4#bg ,the ,koriaks do not regard murder as a great crime1 unless it occur within their own tribe4#bh ,the early ,aleuts considered the killing of a companion a crime worthy of death1 but to kill an enemy was quite another thing4#bi ,to an ,aht ,indian the murder of a man is no more than the killing of a dog1 provided that the victim is not a member of his own tribe4#cj ,according to ,humboldt1 the natives of ,guiana detest all who are not of their family1 or their tribe2 and hunt the ,indians of a neighbouring tribe1 who live at war with their own1 as we hunt game4#ca ,in the opinion of the ,fuegians1 a stranger and an enemy are almost synonymous terms1 hence they dare not go where they have no friends1 and where they are unknown1 as they would most likely be destroyed4#cb ,the ,australian ,black nurtures an intense hatred of every male at least of his own race who is a stranger to him1 and would never neglect to assassinate such a person at the earliest moment that he could do so without risk to himself4#cc ,in ,melanesia1 also1 a stranger as such was generally throughout the islands an enemy to be killed4#cd ,footnote #bg3 ,scott ,robertson1 ,kfirs of the ,hindu-,kush1 p4 #aid4 ,footnote #bh3 ,krasheninnikoff1 op4 cit4 p4 #bcb4 ,footnote #bi3 ,veniaminof1 quoted by ,petroff1 ',report on ,alaska1' in ,tenth ,census of the ,untied ,states1 p4 #aee4 ,footnote #cj3 ,sproat1 ,scenes and ,studies of ,savage ,life1 p4 #aeb4 ,footnote #ca3 von ,humboldt1 ,personal ,narrative of ,travels1 v4 #dbb4 ,footnote #cb3 ,stirling1 in ,south ,ammerican ,missionary ,magazine1 iv4 #aa4 ,bridges1 in ,a ,voice for ,south ,america1 xiii4 #baj4 ,footnote #cc3 ,curr1 ,the ,australian ,race1 i4 #fd1 #he sq4 ,mathew1 in ,jour4 ,proceed4 ,roy4 ,soc4 ,n4 ,s4 ,wales1 xviii4 #cih4 ,footnote #cd3 ,codrington1 ,melanesians1 p4 #cde4 ,in ,savage ,island the slaying of a member of another tribe--that is1 a potential enemy--was a virtue rather than a crime4#ce ,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 combat4#cf ,according to ,fijian beliefs1 men who have not slain any enemy are1 in the other world1 compelled to beat dirt with their clubs--the most degrading punishment the native mind can conceive--because they used their club to so little purpose2#cg 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 life4#ch ,in the ,western islands of ,torres ,straits it was a meritorious deed to kill foreigners either in fair fight #ccc or by treachery1 and honour and glory were attached to the bringing home of the skulls of the inhabitants of other islands slain in battle4#ci ,in the ,solomon ,islands1#dj ,new ,guinea1#da and various parts of the ,malay ,archipelago1 he who has collected the greatest number of human heads is honoured by his tribe as the bravest man2 and some peoples do not allow a man to marry until he has cut off at least one human head4#db ,among many of the ,north ,american ,indians1 again1 he who can boast of the greatest number of scalps is the person most highly esteemed4#dc ,among the ,seri ,indians the highest virtue is the shedding of alien blood2 and their normal impulse on meeting an alien is to kill1 unless deterred by fear4#dd ,among the ,chukchi it is held criminal to thieve or murder in the family or race to which a person belongs2 but these crimes committed elsewhere are not only permitted1 but held honourable and glorious4#de ,so1 too1 the ,gallas consider it honourable to kill an alien1 though criminal to kill a countryman4#df ,footnote #ce3 ,thomson1 ,savage ,island1 p4 #ajd4 ,see also ibid4 p4 #id4 ,footnote #cf3 ,pritchard1 ,polynesian ,reminiscences1 p4 #eg4 ,footnote #cg3 ,seemann1 ,viti1 p4 #dja4 ,cf4 ,williams and ,calvert1 op4 cit4 p4 #ig sq42 ,erskine1 ,islands of the ,western ,pacific1 p4 #bdh4 ,footnote #ch3 ,smith1 in ,jour4 ,polynesian ,society1 i4 #ci4 ,footnote #ci3 ,haddon1 in ,reports of the ,cambridge ,anthropological ,expedition to ,torres ,straits1 v4 #bgg4 ,footnote #dj3 ,romilly1 ,western ,pacific1 p4 #gc4 ,penny1 ,ten ,years in ,melanesia1 p4 #df4 ,codrington1 op4 cit4 p4 #cde4 ,footnote #da3 ,romilly1 ,western ,pacific1 p4 #gf4 ,footnote #db3 ,bock1 ,head-,hunters of ,borneo1 pp4 #baf1 #bba1 c4 7,dyaks74 ,bickmore1 ,travels in the ,east ,indian ,archipelago1 p4 #bje 7,alfura of ,ceram74 ,dalton1 op4 cit4 p4 #dj 7,nagas of ,upper ,assam74 ,footnote #dc3 ,the well-known practice of scalping1 though very common1 was not universal among the ,north ,american ,indians 7see ,gibbs1 ',tribes of ,western ,washington and ,northwestern ,oregon1' in ,contributions to ,n4 ,american ,ethnology1 i4 #aib2 ,powers1 ,tribes of ,california1 p4 #cba74 ,footnote #dd3 ,mc,gee1 ',seri ,indians1' in ,ann4 ,rep4 ,bur4 ,ethnol4 xvii4 #acb4 ,footnote #de3 ,georgi1 ,russia1 iii4 #ahc4 ,footnote #df3 ,macdonald1 ,africana1 i4 #bbi4 ,for other instances1 see ,harmon1 op4 cit4 p4 #cja 7,tacullies72 ,burton1 ,city of the ,saints1 p4 #aci 7,dacotahs72 ,macpherson1 ,memorials of ,service in ,india1 p4 #id 7,kandhs72 ,mac,mahon1 ,far ,cathay1 p4 #bfb 7,indo-,burmese border tribes72 ,macdonald1 ,africana1 i4 #aid sq4 7,eastern ,central ,africans72 ,johnston1 ,kilima-njaro ,expedition1 p4 #dai 7,masai74 ,at the same time there are1 among the lower races1 various instances in which the rule1 ,thou shalt not kill1 applies even to foreigners4 ,hospitality1 as will be seen in a subsequent chapter1 is a stringent duty in the savage world4 ,custom requires that the host should entertain and protect a stranger who comes as his guest1 and by killing him the host would perpetrate an outrage hardly possible4 ,moreover1 even in the case of intertribal relations1 we must not conclude that what is allowed in war is also allowed in times of peace4 ,the prohibition of homicide may extend beyond the tribal border1 to #ccd members of different tribes who for some reason or other are on friendly terms with each other4#dg ,we must not suppose that a tribe of savages generally either lives in a state of complete isolation1 or is always at odds with its neighbours4 ,in ,australia1 for instance1 one tribe of natives1 as a rule1 entertains amicable relations with one1 two1 or more other tribes4#dh ,among the ,central ,australian natives1 say ,messrs4 ,spencer and ,gillen1 there is no such thing as one tribe being in a constant state of enmity with another2 on the contrary1 where two tribes come into contact with one another on the border land of their respective territories1 friendly feelings are maintained between the members of the two4#di ,some uncivilised peoples are even said to have no wars4 ,the ,veddahs of ,ceylon never make war upon each other4#ej ,according to the reports of the oldest inhabitants of ,umnak and ,unalaska1 the people there had never been engaged in war either among themselves or with their neighbours1 except once with the natives of ,alaska4#ea ,to the ,greenlanders described by ,dr4 ,nansen war is incomprehensible and repulsive1 a thing for which their language has no word4#eb ,footnote #dg3 ,see1 e4g41 ,scott ,robertson1 op4 cit4 p4 #aid 7,kfirs of the ,hindu-,kush74 ,footnote #dh3 ,curr1 ,the ,australian ,race1 i4 #fb sq4 ,footnote #di3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #cb4 ,footnote #ej3 ,sarasin1 op4 cit4 iii4 #dhh4 ,footnote #ea3 ,coxe1 op4 cit4 p4 #bdd4 ,footnote #eb3 ,nansen1 ,eskimo ,life1 p4 #afb4 ,that savages to some extent recognise the existence of intertribal rights in times of peace is obvious from certain customs connected with their wars4 ,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 intention1 in order that their opponents may be prepared to meet them4#ec ,the cessation of hostilities is often accompanied by the conclusion of a special treaty and by ceremonies calculated to make it binding4#ed ,the ,tahitians1 for instance1 wove a wreath of #cce green boughs furnished by each side1 exchanged two young dogs1 and1 having also made a band of cloth together1 offered the wreath and the band to the gods with imprecations on the side which should first violate so solemn a treaty of peace4#ee ,nor does savage custom always allow indiscriminate slaughter even in warfare4 ,the inviolability of heralds is not infrequently recognised4#ef ,among the aborigines of ,new ,south ,wales the tribal messenger known to be a herald by the red net which he wears round his forehead1 passes in safety between and through hostile tribes2#eg and among the ,north ,american ,omahas the bearer of a peace pipe was generally respected by the enemy1 just as the bearer of a flag of truce is regarded by the laws of war among the so-called civilised nations4#eh ,and many uncivilised races have made it a rule in war to spare the weak and helpless4 ,footnote #ec3 ,hale1 ,u4,s4 ,exploring ,expedition4 ,vol4 ,,vi4 ,ethnography and ,philology1 p4 #gb 7,micronesians74 ,gibbs1 loc4 cit4 p4 #aij 7,indians of ,western ,washington and ,north-,western ,oregon74 ,footnote #ed3 ,see ,farrer1 ,military ,manners and ,customs1 p4 #afb sq4 ,footnote #ee3 ,ellis1 ,polynesian ,researches1 i4 #cah4 ,footnote #ef3 ,see ,farrer1 ,militarv ,manners and ,customs1 p4 #afa4 ,footnote #eg3 ,fraser1 ,aborigines of ,new ,south ,wales1 p4 #da4 ,footnote #eh3 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #cfh4 ,the ,samoans considered it cowardly to kill a woman2#ei and even in ,fiji the enlightened party objected to the killing of women1 urging that it is just as cowardly to kill a woman as a baby4#fj ,the ,abipones1 in their wars1 generally spared the unwarlike1 and carried away innocent boys and girls unhurt4#fa ,an old ,spanish writer tells us of the ,guanches of ,gran ,canaria that1 in their wars1 they held it as base and mean to molest or injure the women and children of the enemy1 considering them as weak and helpless1 therefore improper objects of their resentment2#fb and similar views prevail among the ,berbers 7,shluh47 of ,southern ,morocco1 as also among the ,algerian ,kabyles#fc and the ,touareg4#fd ,though the ,masai and ,wa-kikuyu are eternally at war to the knife with each other1 there is a compact between them not to molest the womenfolk of either party4#fe ,the ,masai1 says ,mr4 ,hinde1 never interfere with women in their raids1 and the women cheer #ccf loudly and encourage their relatives during the fight4#ff ,among the ,latukas1 though women are employed as spies and thus become exceedingly dangerous in war1 there is nevertheless a general understanding that no woman shall be killed4#fg ,the ,basutos maintain that respect should be paid during war to women1 children1 and travellers1 as also that those who surrender should be spared and open to ransom2 and1 though these rules are not invariably respected1 the public voice always disapproves of their violation4#fh ,footnote #ei3 ,turner1 ,nineteen ,years in ,polynesia1 p4 #cjd4 ,footnote #fj3 ,seemann1 ,viti1 p4 #ahj4 ,footnote #fa3 ,dobrizhoffer1 op4 cit4 ii4 #ada4 ,footnote #fb3 ,abreu de ,galindo1 ,history of the ,discovery and ,conquest of the ,canary ,islands1 p4 #ff4 ,footnote #fc3 ,hanoteau and ,letourneux1 ,la ,kabylie1 ii4 #gf4 ,footnote #fd3 ,hourst1 ,sur le ,niger et au pays des ,touaregs1 p4 #bbc sq4 ,footnote #fe3 ,thomson1 ,through ,masai ,land1 p4 #agg4 ,footnote #ff3 ,hinde1 ,the ,last of the ,masai1 p4 #f1 n499 ,footnote #fg3 ,baker1 ,albert ,n'yanza1 i4 #cee4 ,footnote #fh3 ,casalis1 op4 cit4 p4 #bbc sq4 ,for regard paid to women1 old people1 and children in war1 see also ,richardson1 ,arctic ,searching ,expedition1 i4 #cfg 7,western ,eskimo72 ,catlin1 ,north ,american ,indians1 ii4 #bdj2 ,azara1 ,voyages1 ii4 #ade 7,payaguas74 ,sometimes custom even requires that the life of the captive shall be spared4 ,it is against ,masai tradition to kill prisoners of war4#fi ,among the ,kabyles il faut que l'exaspration des partis soit extrme pour qu'un bless ou un prisonnier soit mis mort4#gj ,the ,touareg do not kill their prisoners after a fight4#ga ,among the ,bedouins of the ,euphrates the person of the enemy is sacred when disarmed or dismounted2 and prisoners are neither enslaved nor held to other ransom than their mares4#gb ,captives1 says ,mr4 ,dorsey1 were not slain by the ,omahas and ,ponkas4 ,when peace was declared the captives were sent home1 if they wished to go4 ,if not they could remain where they were1 and were treated as if they were members of the tribe4#gc ,among the ,wyandots prisoners of war were frequently adopted into the tribe4 ,the warrior taking the prisoner has the first right to adopt him4 ,if no one claims the prisoner for this purpose1 he is caused to run the gauntlet as a test of his courage4 ,if at his trial he behaves manfully claimants are not wanting1 but if he behaves disgracefully he is put to death4#gd ,footnote #fi3 ,hinde1 op4 cit4 p4 #fd4 ,footnote #gj3 ,hanoteau and ,letourneux1 op4 cit4 #ge4 ,footnote #ga3 ,hourst1 op4 cit4 p4 #bjg4 ,footnote #gb3 ,blunt1 op4 cit4 ii4 #bci4 ,footnote #gc3 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #ccb4 ,footnote #gd3 ,powell1 ibid4 i4 #fh4 ,thus we notice even among uncivilised races very obvious traces of what is called international law1#ge if not as a rule1 at least as an exception4 ,on the other hand1 the #ccg readiness with which war is engaged in1 not only in self-defence or out of revenge1 but for the sake of gain1 indicates how little regard is paid to human life outside the tribe4 ,the ,kandhs1 for instance1 maintain that a state of war may be lawfully presumed against all tribes and nations with whom no express agreement to the contrary exists4#gf ,and if a few savage peoples live in perpetual peace1 it seems that the chief reason for this is not a higher standard of morality1 but the absence of all inducements to war4 ,footnote #ge3 ,see also ,wheeler1 ,the ,tribe1 and ,intertribal ,relations in ,australia1 passim4 ,footnote #gf3 ,hunter1 ,annals of ,rural ,bengal1 iii4 #ge4 ,when we from the lower races pass to peoples more advanced in culture1 we find that the social unit has grown larger1 that the nation has taken the place of the tribe1 and that the circle within which homicide is prohibited as a crime of the first order has been extended accordingly4 ,but the old distinction between injuries committed against compatriots and harm done to foreigners remains4 ,even when the subject is not touched upon in the laws referring to homicide we may1 from the general attitude of the people towards members of other nations1 infer that public opinion is not very scrupulous as to the taking of their lives4 ,how the ,chinese looked upon the red-haired barbarians1 the foreign devils1 is well known from recent history4 ,in former days1 ,japan's attitude towards her neighbours and the whole world was that of an enemy and not of a friend4#gg ,the ,vedic hymns are full of imprecations of misfortune upon men of another race4#gh ,that among the ancient ,teutons the lot of a stranger was not an enviable one is testified even by language2 the ,german word elender has acquired its present meaning from the connotation of the older word which meant an outlandish man4#gi ,the stranger as such--unless he belonged to a friendly1 neighbouring tribe--had originally no legal rights at all2 for his protection he was dependent on individual #cch hospitality1 and hospitality was restricted by custom to three days only4#hj ,according to the ,swedish ,westgta-,lag1 he who killed a foreigner had to pay no compensation to the dead man's relatives1 nor was he outlawed1 nor exiled4#ha ,the ,laws of ,king ,ine let us understand in what light a stranger was looked upon3--,if a far-coming man1 or a stranger1 journey through a wood out of the highway1 and neither shout nor blow his horn1 he is to be held for a thief1 either to be slain or redeemed4#hb ,however1 as commerce increased and the stranger was more often seen in ,teutonic lands1 royal protection was extended to him2 and a consequence of this was that thenceforth he who killed the stranger had to pay a wergeld1 part1 or the whole1 of which went to the king4#hc ,in ,greece1 in early times1 the contemptible stranger#hd had no legal rights1 and was protected only in case he was the guest of a citizen2#he and even later on1 at ,athens1 whilst the intentional killing of a citizen was punished with death and confiscation of the murderer's property1 the intentional killing of a non-citizen was punished only with exile4#hf ,the ,latin word hostis was originally used to denote a foreigner2#hg and the saying of ,plautus1 that a man is a wolf to a man whom he does not know1#hh was probably an echo of an old ,roman proverb4 ,mommsen suggests that in ancient days the ,romans did not punish the killing of a foreigner1 unless he belonged to an allied nation2 but already in the prehistoric period a change was introduced1 the foreigner being placed under the protection of the ,state4#hi ,footnote #gg3 ,griffis1 ,religions of ,japan1 p4 #abi4 ,footnote #gh3 ,roth1 ',on the ,morality of the ,veda1' in ,jour4 ,american ,oriental ,society1 iii4 #cch4 ,footnote #gi3 ,cf4 ,grimm1 ,deutsche ,rechtsalterthmer1 p4 #cif2 ,gummere1 ,germanic ,origins1 p4 #bhh4 ,footnote #hj3 ,grimm1 op4 cit4 p4 #cig sqq4 ,brunner1 ,deutsche ,rechtgeschichte1 i4 #bgc4 ,footnote #ha3 ,westgta-,lagen ,i4 ,af mandrapi1 v4 #d p4 #ac4 ,footnote #hb3 ,laws of ,ine1 #bj4 ,cf4 ,laws of ,wihtrd1 #bh4 ,footnote #hc3 ,brunner1 op4 cit4 i4 #bgc sq4 ,gummere1 op4 cit4 p4 #bhh4 ,pollock and ,maitland1 ,history of ,english ,law before the ,time of ,edward ,i4 i4 #eb4 ,footnote #hd3 ,iliad1 ix4 #fdh4 ,footnote #he3 ,hermann-,blmner1 ,lehrsbch der griechischen ,privatalterthmer1 p4 #dib4 ,schmidt1 ,ethik der alten ,griechen1 ii4 #cbe4 ,footnote #hf3 ,meier and ,schmann1 ,der altische ,process1 p4 #cgi4 ,footnote #hg3 ,cicero1 ,de officiis1 i4 #ab4 ,footnote #hh3 ,plautus1 ,asinaria1 ii4 #d4 #hh4 ,footnote #hi3 ,mommsen1 ,rmisches ,strafrecht1 p4 #fbb sqq4 ,how little regard is felt for the lives of strangers also appears from the readiness with which war is waged on #cci foreign nations1 combined with the estimation in which the successful warrior is held by his countrymen4 ,the ancient ,mexicans were never at a loss for an excuse to pick a quarrel with their neighbours1 so as to be able to procure victims for sacrifices to their gods4#ij ,no profession was held in more esteem amongst them than the profession of arms4 ,the deity of war was the most revered by them1 and regarded as the chief protector of the nation4#ia ,the ,mayas not only wanted to increase their dominions by encroachments upon their neighbours' territory1 but undertook raids with no other object than that of obtaining captives for sacrifice4#ib ,speaking of the wars of the ancient ,egyptians1 ,m4 ,amlineau observes1 ,nous n'avons pas un seul mot dans la littrature gyptienne1 mme dans les oeuvres gypto-chrtiennes1 qui nous fasse entendre le plus lger cri de rprobation pour la guerre et ses horreurs4#ic ,among the ,hebrews the most cruel wars of extermination were expressly sanctioned by their religion4 ,that an idolatrous people had no right to live was taken as a matter of course2 but wars were also unscrupulously waged from worldly motives1 and in their moral code there is no attempt to distinguish between just and unjust war4#id ,among the ,mohammedans it is likewise the unbeliever1 not the foreigner as such1 that is regarded as the most proper object of slaughter4 ,although there is no precept in the ,koran which1 taken with the context1 justifies unprovoked war1#ie the saying that ,paradise is under the shadow of swords#if is popularly applied to all warfare against infidels4 ,among the ,celts#ig and ,teutons a man's highest aspiration was to acquire military glory4 ,the ,scandinavians considered it a disgrace for a man to die #cdj without having seen human blood flow2#ih even the slaying of a tribesman they often regarded lightly when it had been done openly and bravely4 ,in ,greece1 in ancient times at least1 war was the normal relation between different states1 and peace an exception1 for which a special treaty was required2#ii while to conquer and enslave barbarians was regarded as a right given to the ,greeks by ,nature4 ,the whole statecraft of the early ,republic of ,rome was no doubt based upon similar principles2#ajj and in later days1 also1 the war policy of the ,romans was certainly not conducted with that conscientiousness which was insisted upon by some of their writers4 ,footnote #ij3 ,bancroft1 ,native ,races of the ,pacific ,states1 ii4 #dbj4 ,clavigero1 ,history of ,mexico1 i4 #cga4 ,footnote #ia3 ,clavigero1 op4 cit4 i4 #cfc4 ,footnote #ib3 ,bancroft1 op4 cit4 ii4 #gdj1 #gde4 ,footnote #ic3 ,amlineau1 ,l'volution des ides morales dans l'gypte ancienne1 p4 #cdd4 ,footnote #id3 ,cf4 ,seldeft1 ,de ,synedriis et ,prfecturis ,juridicis veterum ,ebrorum1 iii4 #ab1 p4 #aagi sqq42 ,lament1 tudes sur l'histoire de l'humanit1 i4 #chd sq4 ,footnote #ie3 ,this was later on admitted by ,lane 7,modern ,egyptians1 p4 #egd71 who had previously maintained that the duty of waging holy war is strongly urged in the ,koran4 ,footnote #if3 ,pool1 ,studies in ,mohammedanism1 p4 #bdf4 ,footnote #ig3 ,logan1 ,the ,scottish ,gael1 i4 #aja4 de ,valroger1 ,les ,celtes1 p4 #ahf4 ,footnote #ih3 ,njla1 ch4 #dj1 vol4 i4 #afg4 ,maurer1 ,rekehrung des ,norwegischen ,stammes1 ii4 #agb4 ,footnote #ii3 ,schmidt1 ,ethik der alten ,griechen1 ii4 #bhj4 ,laurent1 op4 cit4 i4 #df4 ,plato1 ,leges1 i4 #fbe4 ,livy1 xxxi4 #bi3 ,cum alienigenis1 cum barbaris aeternum omnibus ,graecis bellum est4 ,footnote #ajj3 ,cf4 ,lecky1 ,history of ,european ,morals1 ii4 #beg4 ,however1 the foreigner is not entirely1 or under all circumstances1 devoid of rights4 ,among the nations of archaic civilisation1 as among the lower races1 hospitality is a duty1 and the life of a guest is as sacred as the life of any of the permanent members of the household4 ,in various cases the commencement of international hostilities is preceded by special ceremonies1 intended to justify acts which are not considered proper in times of peace4 ,in ancient ,mexico it was usual to send a formal challenge or declaration of war to the enemy1 as it was held discreditable to attack a people unprepared for defence2#aja and1 according to the fecial law of the ,romans1 no war was just unless it was undertaken to reclaim property1 or unless it was solemnly denounced and proclaimed beforehand4#ajb ,in some cases warfare is condemned1 or a distinction is made between just and unjust war with reference to the purpose for which the war is waged4 ,the ,chinese philosophers were great advocates of peace4#ajc ,according to ,lao-,tsze1 a superior man uses weapons only on the compulsion of necessity2#ajd there is no calamity greater #cda than lightly engaging in war1#aje and he who has killed multitudes of men should weep for them with the bitterest grief4#ajf ,in the ,indian poem1 ,mahabharata1 needless warfare is condemned2 it is said that the success which is obtained by negotiations is the best1 and that the success which is secured by battle is the worst4#ajg ,among the ,hebrews the sect of the ,essenes went so far in their reprobation of war that they would not manufacture any martial instruments whatever4#ajh ,roman historians1 even in the case of wars with barbarians1 often discuss the sufficiency or insufficiency of the motives with a conscientious severity a modern historian could hardly surpass4#aji ,according to ,cicero1 a war1 to be just1 ought to be necessary1 the sole object of war being to enable us to live undisturbed in peace4 ,there are two modes of settling controversies1 he says1 one by discussion1 the other by a resort to force4 ,the first is proper to man1 the second is proper to brutes1 and ought never to be adopted except where the first is unavailable4#aaj ,seneca regards war as a glorious crime1 comparable to murder3--,what is forbidden in private life is commanded by public ordinance4 ,actions which1 committed by stealth1 would meet with capital punishment1 we praise because committed by soldiers4 ,men1 by nature the mildest species of the animal race1 are not ashamed to find delight in mutual slaughter1 to wage wars1 and to transmit them to be waged by their children1 when even dumb animals and wild beasts live at peace with one another4#aaa ,history attests that the ,romans1 in their intercourse with other nations1 did not act upon ,cicero's and ,seneca's lofty theories of international morality2 as ,plutarch observes1 the two names peace and war are mostly used only as coins1 to procure1 not what is just1 but what is expedient4#aab ,yet there seems to have been a general #cdb feeling in ,rome that the waging of a war required some justification4 ,in declaring it1 the ,roman heralds called all the gods to witness that the people against whom it was declared had been unjust and neglectful of its obligations4#aac ,footnote #aja3 ,clavigero1 op4 cit4 i4 #cgj4 ,bancroft1 op4 cit4 ii4 #dbj1 #dba1 #dbc4 ,footnote #ajb3 ,cicero1 ,de officiis1 i4 #aa4 ,footnote #ajc3 ,cf4 ,lanessan1 ,morale des philosophes chinois1 pp4 #ed1 #ajg4 ,footnote #ajd3 ,to ,teh ,king1 xxxi4 #b4 ,footnote #aje3 ,ibid4 lxix4 #b4 ,footnote #ajf3 ,ibid4 xxxi4 #c4 ,footnote #ajg3 ,mahabharata1 ,bhisma ,parva1 iii4 #ha 7pt4 xii4 sq4 p4 #f74 ,footnote #ajh3 ,philo1 ,quod liber sit quisquis virtuti studet1 p4 #hgg4 ,footnote #aji3 ,lecky1 ,history of ,european ,morals1 ii4 #beh4 ,footnote #aaj3 ,cicero1 ,de officiis1 i4 #aa4 ,footnote #aaa3 ,seneca1 ,epistul1 #ie4 ,footnote #aab3 ,plutarch1 ,vita ,pyrrhi1 xii4 #c1 p4 #chi4 ,footnote #aac3 ,livy1 i4 #cb4 ,even in war the killing of an enemy is1 under certain circumstances1 prohibited either by custom or by enlightened moral opinion4 ,among the ancient ,nahuas1 who never accepted a ransom for a prisoner of war1 the person of an ambassador was at all events held sacred4#aad ,in the ',book of ,rewards and ,punishments1' which embodies popular ,taouism1 it is said1 ,do not massacre the enemies who yield themselves1 nor kill those who offer their submission4#aae ,the ,hebrews1 whilst being commanded to save alive nothing that breatheth of the cities which the ,lord had given them for an inheritance1 were to deal differently with cities which were very far off from them3 to kill only the men1 and to take to themselves the women and the little ones4#aaf ,the ,laws of ,manu lay down very humane rules for a king who fights with his foes in battle3--,let him not strike with weapons concealed in wood1 nor with such as are barbed1 poisoned1 or the points of which are blazing with fire4 ,let him not strike one who in flight has climbed on an eminence1 nor a eunuch1 nor one who joins the palms of his hands in supplication1 nor one who flees with flying hair1 nor one who sits down1 nor one who says ',i am thine'2 nor one who sleeps1 nor one who has lost his coat of mail1 nor one who is naked1 nor one who is disarmed1 nor one who looks on without taking part in the fight1 nor one who is fighting with another foe2 nor one whose weapons are broken1 nor one afflicted with sorrow1 nor one who has been grievously wounded1 nor one who is in fear1 nor one who has turned to flight2 but in all these cases let him remember the duty of honourable warriors4#aag ,the ,mahabharata contains expressions of #cdc similar chivalrous sentiments in regard to enemies4 ,a car-warrior should fight only with a car-warrior1 a horse-man with a horse-man1 a foot-soldier with a foot-soldier4 ,always being led by consideration of fitness1 willingness1 bravery1 and strength1 one should strike another after having challenged him4 ,none should strike another who is confiding or who is panic-striken4 ,one fighting with another1 one seeking refuge1 one retreating1 one whose weapon is broken1 and one who is not clad in armour should never be struck4 ,charioteers1 animals1 men engaged in carrying weapons1 those who play on drums and those who blow conchs should never be smitten4#aah ,among the ,greeks1 in the ,homeric age1 it was evidently regarded as a matter of course that1 on the fall of a city1 all the men were slain1 and the women and children carried off as slaves2#aai but in historic times such a treatment of a vanquished foe grew rarer1 and seems1 under ordinary circumstances1 to have been disapproved of4#abj ,the rulers of this land1 says the messenger in the ',heraclid1' do not approve of slaying enemies who have been taken alive in battle4#aba ,in ,rome the customs of war underwent a similar change4 ,in ancient days the normal fate of a captive was death1 in later times he was generally reduced to slavery2 but many thousands of captives were condemned to the gladiatorial shows1 and the vanquished general was commonly slain in the ,mamertine prison4#abb ,on the other hand1 nations or armies that voluntarily submitted to ,rome were habitually treated with great leniency4 ,cicero says3--,when we obtain the victory we must preserve those enemies who behaved without cruelty or inhumanity during the war2 for example1 our forefathers received1 even as members of their state1 the ,tuscans1 the ,aequi1 the ,volscians1 the ,sabines1 and the ,hernici1 but utterly destroyed ,carthage and ,numantia4 4 4 4 ,and1 while we #cdd are bound to exercise consideration toward those whom we have conquered by force1 so those should be received into our protection who throw themselves upon the honour of our general1 and lay down their arms1 even though the battering rams should have struck their walls4#abc ,footnote #aad3 ,bancroft1 op4 cit4 ii4 #dbf1 #dab4 ,footnote #aae3 ,douglas1 ,confucianism and ,taouism1 p4 #bfa4 ,footnote #aaf3 ,deuteronomy1 xx4 #ac sqq4 ,footnote #aag3 ,laws of ,manu1 vii4 #ij sq4 ,footnote #aah3 ,mahabharata1 ,bhisma ,parva1 i4 #bg sqq4 7pt4 xii4 sq4 p4 #b74 ,footnote #aai3 ,iliad1 ix4 #eic sq4 ,footnote #abj3 ,schmidt1 ,ethik der alten ,griechen1 ii4 #bha sqq4 ,footnote #aba3 ,euripides1 ,heraclid1 #iff4 ,footnote #abb3 ,laurent1 op4 cit4 iii4 #bj sq4 ,lecky1 ,history of ,european ,morals1 ii4 #beg4 ,footnote #abc3 ,cicero1 ,de officiis1 i4 #aa4 ,,chapter ,,xv ,,homicide ,,in ,,general 7continued7 ,,christianity introduced into ,europe a higher regard for human life than was felt anywhere in pagan society4 ,the early ,christians condemned homicide of any kind as a heinous sin4 ,and in this1 as in all other questions of moral concern1 the distinction of nationality or race was utterly ignored by them4 ,the sanctity which they attached to the life of every human being led to a total condemnation of warfare1 sharply contrasting with the prevailing sentiment in the ,roman ,empire4 ,in accordance with the general spirit of their religion1 as also with special passages in the ,bible1#a they considered war unlawful under all circumstances4 ,justin ,martyr quotes the prophecy of ,isaiah1 that nation shall not lift up sword against nation1 neither shall they learn war any more1#b and proceeds to say that the instruction in the word of ,god which was given by the twelve ,apostles had so good effect that we1 who heretofore were continually devouring each other1 will not now so much as lift up our hand against our enemies4#c ,lactantius asserts that to engage in war cannot be lawful for the righteous man1 whose warfare is that of righteousness itself4#d ,tertullian asks1 ,can it be lawful to #cdf handle the sword1 when the ,lord ,himself has declared that he who uses the sword shall perish by it8#e ,and in another passage he states that the ,lord by his disarming of ,peter disarmed every soldier from that time forward4#f ,origen calls the ,christians the children of peace1 who1 for the sake of ,jesus1 never take up the sword against any nation2 who fight for their monarch by praying for him1 but who take no part in his wars1 even though he urge them4#g ,it is true that1 even in early times1 ,christian soldiers were not unknown2 ,tertullian alludes to ,christians who were engaged in military pursuits together with their heathen countrymen4#h ,but the number of ,christians enrolled in the army seems not to have been very considerable before the era of ,constantine1#i and1 though they were not cut off from the ,church1 their profession was looked upon as hardly compatible with their religion4 ,st4 ,basil says that soldiers1 after their term of military service has expired1 are to be excluded from the sacrament of the communion for three whole years4#aj ,and according to one of the canons of the ,council of ,nice1 those ,christians who1 having abandoned the profession of arms1 afterwards returned to it1 as dogs to their vomit1 were for some years to occupy in the ,church the place of penitents4#aa ,footnote #a3 ,st4 ,matthew1 v4 #i1 #ci1 #dd4 ,romans1 xii4 #ag4 ,ephesians1 vi4 #ab4 ,footnote #b3 ,isaiah1 ii4 #d4 ,footnote #c3 ,justin ,martyr1 ,apologia ,i4 pro ,christianis1 #ci 7,migne1 ,patrologi cursus1 ,ser4 ,graeca1 vi4 #chg sq474 ,footnote #d3 ,lactantius1 ,divin institutiones1 vi4 7',de vero cultu'7 #bj 7,migne1 op4 cit4 vi4 #gjh74 ,footnote #e3 ,tertullian1 ,de corona1 #aa 7,migne1 op4 cit4 ii4 #ib74 ,footnote #f3 ,tertullian1 ,de idolatria1 #ai 7,migne1 op4 cit4 i4 #fia74 ,footnote #g3 ,origen1 ,contra ,celsum1 v4 #cc2 viii4 #gc 7,migne1 op4 cit4 ,ser4 ,graeca1 xi4 #abca sq41 #afbg sq474 ,footnote #h3 ,tertullian1 ,apologeticus1 #db 7,migne1 op4 cit4 i4 #dia74 ,footnote #i3 ,le ,blant1 ,inscriptions chrtiennes de la ,gaule1 i4 #hd sqq4 ,footnote #aj3 ,st4 ,basil1 ,epistola ,,clxxxviii41 ad ,amphilochium1 can4 #ac 7,migne1 op4 cit4 ,ser4 ,graeca1 xxxii4 #fha sq474 ,footnote #aa3 ,concilium ,nicnum1 ,a4,d4 #cbe1 can4 #ab 7,labbe-,mansi1 ,sacrorum ,conciliorum collectio1 ii4 #fgd74 ,a divine law which prohibited all resistance to enemies could certainly not be accepted by the ,state1 especially at a time when the ,empire was seriously threatened by foreign invaders4 ,christianity could therefore never become a ,state-religion unless it gave up its attitude towards war4 ,and it gave it up4 ,already in #cad a ,council condemned soldiers who1 from religious motives1 #cdg deserted their colours4#ab ,the ,fathers of the fourth and fifth centuries did not altogether disapprove of war4 ,chrysostom and ,ambrose1 though seeing the difficulty of reconciling it with the theory of ,christian life which they found in the ,new ,testament1 perceived that the use of the sword was necessary to preserve the ,state4#ac ,st4 ,augustine went much farther4 ,he tried to prove that the practice of war was quite compatible with the teachings of ,christ4 ,the soldiers mentioned in the ,new ,testament1 who were seeking for a knowledge of salvation1 were not directed by our ,lord to throw aside their arms and renounce their profession1 but were advised by him to be content with their wages4#ad ,st4 ,peter baptised ,cornelius1 the centurion1 in the name of ,christ1 without exhorting him to give up the military life1#ae and ,st4 ,paul himself took care to have a strong guard of soldiers for his defence4#af ,and was not the history of ,david1 the man after ,god's own heart1 an evidence of those being wrong who say that no one who wages war can please ,god8#ag ,when ,christ declared that all they that take the sword shall perish with the sword1#ah ,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 authority4#ai ,a great deal depends on the causes for which men undertake war1 and on the authority they have for doing so4 ,those wars are just which are waged with a view to obtaining redress for wrongs1 or to chastising the undue arrogance of another ,state4 ,the monarch has the power of making war when he thinks it advisable1 and1 even if he be a sacrilegious #cdh king1 a ,christian may fight under him1 provided that what is enjoined upon the soldier personally is not contrary to the precept of ,god4#bj ,in short1 though peace is our final good1 though in the ,city of ,god there is peace in eternity1#ba war may sometimes be a necessity in this sinful world4 ,footnote #ab3 ,concilium ,arelatense ,i4 ,a4,d4 #cad1 can4 #c 7,labbe-,mansi1 op4 cit4 ii4 #dga74 ,cf4 ,le ,blant1 op4 cit4 i4 p4 lxxxii4 ,footnote #ac3 ,gibb1 ',christian ,church and ,war1' in ,british ,quarterly ,review1 lxxiii4 #hc4 ,footnote #ad3 ,st4 ,augustine1 ,epist4 ,,cxxxviii41 ad ,marcellinum1 #ae 7,migne1 op4 cit4 xxxiii4 #eca sq474 ,footnote #ae3 ,st4 ,augustine1 ,epist4 ,,clxxxix41 ad ,bonifacium1 #d 7,migne1 op4 cit4 xxxiii4 #hee74 ,footnote #af3 ,st4 ,augustine1 ,epistola ,,xlvii41 ad ,publicolam1 #e 7,migne1 op4 cit4 xxxiii4 #ahg74 ,footnote #ag3 ,st4 ,augustine1 ,epist4 ,,clxxxix41 ad ,bonifacium1 #d 7,migne1 op4 cit4 xxxiii4 #hee74 ,footnote #ah3 ,st4 ,matthew1 xxvi4 #eb4 ,footnote #ai3 ,st4 ,augustine1 ,contra ,faustum ,manichum1 xxii4 #gj 7,migne1 op4 cit4 xlii1 #ddd74 ,footnote #bj3 ,st4 ,augustine1 ,contra ,faustum ,manichum1 xxii4 #ge 7,migne1 op4 cit4 xlii4 #ddh74 ,footnote #ba3 ,st4 ,augustine1 ,de civitate ,dei1 xix4 #aa4 ,by the writings of ,st4 ,augustine the theoretical attitude of the ,church towards war was definitely settled1 and later theologians only reproduced or further elaborated his views4 ,yet it was not with a perfectly safe conscience that ,christianity thus sanctioned the practice of war4 ,there was a feeling that a soldier scarcely could make a good ,christian4 ,in the middle of the fifth century1 ,leo the ,pope declared it to be contrary to the rules of the ,church that persons after the action of penance--that is1 persons then considered to be pre-eminently bound to obey the law of ,christ--should revert to the profession of arms4#bb ,various ,councils forbade the clergy to engage in warfare1#bc and certain canons excluded from ordination all who had served in an army after baptism4#bd ,penance was prescribed for those who had shed blood on the battle-field4#be ,thus #cdi the ecclesiastical canons made in ,william the ,conqueror's reign by the ,norman prelates1 and confirmed by the ,pope1 directed that he who was aware that he had killed a man in a battle should do penance for one year1 and that he who had killed several should do a year's penance for each4#bf ,occasionally the ,church seemed to wake up to the evils of war in a more effective way2 there are several notorious instances of wars being forbidden by popes4 ,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 ,church4 ,and whilst doing comparatively little to discourage wars which did not interfere with her own interests1 the ,church did all the more to excite war against those who were objects of her hatred4 ,footnote #bb3 ,leo ,magnus1 ,epistola ,,xc41 ad ,rusticum1 inquis4 #ab 7,migne1 op4 cit4 liv4 #abjf sq474 ,footnote #bc3 ,one of the ,apostolic ,canons requires that any bishop1 priest1 or deacon who devotes himself to military service shall be degraded from his ecclesiastical rank 7,canones ecclesiastici qui dicuntur ,apostolorum1 #hc #gd ,bunsen1 ,analecta ,ante-,nicna1 ii4 #ca74 ,the ,councils of ,toulouse1 in #fcc 7ch4 #de1 in ,labbe-,mansi1 op4 cit4 x4 #fcj71 and of ,meaux1 in #hde 7can4 #cg1 ibid4 xiv4 #hbg71 condemned to a similar punishment those of the clergy who ventured to take up arms4 ,gratian says 7,decretum1 ii4 #bc4 #h4 #d7 that the ,church refuses to pray for the soul of a priest who died on the battle-field4 ,notwithstanding the canons of ,councils and the decrees of popes1 ecclesiastics frequently participated in battles 7,nicolaus ,i4 ,epistol et ,decreta1 #hc ,migne1 op4 cit4 cxix4 #ibb4 ,robertson1 ,history of the ,reign of ,charles ,v4 i4 #ccj1 #che4 ,ward1 ,foundation and ,history of the ,law of ,nations1 i4 #cfe sq4 ,buckle1 ,history of ,civilisation in ,england1 i4 #bjd2 ii4 #dfd4 ,bethune-,baker1 ,influence of ,christianity on ,war1 p4 #eb4 ,dmmler1 ,geschichte des ,ostfrnkischen ,reichs1 ii4 #fcg74 ,footnote #bd3 ,grotius1 ,de jure belli et pacis1 i4 #b4 #aj4 #aj4 ,bingham1 ,antiquities of the ,christian ,church1 iv4 #d4 #a 7,works1 ii4 #ee74 ,footnote #be3 ,poenitentiale ,bigotianum1 iv4 i4 #d 7,wasserschleben1 ,bussordnungen der abendlndischen ,kirche1 p4 #dec74 ,poenit4 ,vigilanum1 #bg 7ibid4 p4 #ebi74 ,poenit4 ,pseudo-,theodori1 xxi4 #ae 7ibid4 p4 #ehg sq474 ,cf4 ,mort de ,garin le ,loherain1 p4 #bac3 ,ainz se repent et se claime cheti2 ,ses pechis plore au soir et au matin1 ,de ce qu'il a tans homes mors et pris4 ,footnote #bf3 ,wilkins1 ,concilia ,magn ,britanni et ,hiberni1 i4 #cff4 ,it has been suggested that the transition from the peaceful tenets of the primitive ,church to the essentially military ,christianity of the crusades1 was chiefly due to the terrors and the example of ,islam4 ,the spirit of ,muhammedanism1 says ,mr4 ,lecky1 slowly passed into ,christianity1 and transformed it into its image4 ,until then1 war was rather condoned than consecrated1 and1 whatever might be the case with a few isolated prelates1 the ,church did nothing to increase or encourage it4#bg ,but this view is hardly consistent with facts4 ,christianity had entered on the war-path already before it came into contact with ,muhammedanism4 ,wars against ,arian peoples had been represented as holy wars1 for which the combatants would be rewarded by ,heaven4#bh ,the war which ,chlodwig made upon the ,visigoths was not only undertaken with the approval of the clergy1 but it was1 as ,mr4 ,greenwood remarks1 properly their war1 and ,chlodwig undertook it in the capacity of a religious champion in all things but the disinterestedness which ought to distinguish that character4 ,remigius of ,reims assisted him by his countenance and advice1 and the #cej ,catholic priesthood set every engine of their craft in motion to second and encourage him4#bi ,in the ,church itself there were germs out of which a military spirit would naturally develop itself4 ,the famous dictum1 ,nulla salus extra ecclesiam1 was promulgated as early as the days of ,cyprian4 ,the general view of medival orthodoxy was1 that those beyond the pale of the ,church1 heathen and heretics alike1 were unalterably doomed to hell1 whereas those who would acknowledge her authority1 confess their sins1 receive the sacrament of baptism1 partake of the eucharist and obey the priest1 would be infallibly saved4 ,if war was allowed by ,god1 could there be a more proper object for it than the salvation of souls otherwise lost8 ,and for those who refuse to accept the gift of grace offered to them1 could there be a juster punishment than death8 ,moreover1 had not the ,israelites fought great battles for the laws and the sanctuary8#cj ,had not the ,lord ,himself commissioned them to attack1 subdue1 and destroy his enemies8 ,had ,he not commanded them to root out the natives of ,canaan1 who1 because of their abominations1 had fallen under ,god's judgment1 and to kill man and beast in the ,israelitish cities which had given themselves to idolatry1 and to burn all the spoil1 with the city itself1 as a whole offering to ,yahveh8#ca ,there was no need1 then1 for the ,christians to go to the ,muhammedans in order to learn the art of religious war4 ,the ,old ,testament1 the revelation of ,god1 gave better lessons in it than the ,koran1 and was constantly cited in justification of any cruelty committed in the name of religion4#cb ,footnote #bg3 ,lecky1 ,history of ,european ,morals1 ii4 #bea sq4 ,footnote #bh3 ,gibb1 loc4 cit4 p4 #hf4 ,footnote #bi3 ,greenwood1 ,first ,book of the ,history of the ,germans1 p4 #eah4 ,footnote #cj3 #a ,maccabees1 xiii4 #c4 ,thomas ,aquinas 7,summa theologica1 ii-ii4 #ahh4 #c7 quotes this passage in support of the doctrine1 that fighting may be directed to the preservation of divine worship4 ,footnote #ca3 ,deuteronomy1 xiii4 #ae sq4 ,footnote #cb3 ,cf4 ,constant1 ,de la religion1 ii4 #bbi sq4 ,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 crimes4 ,such a #cea deed was the instrument of pardon to ,henry ,,ii4 for the murder of ,becket1#cc and was supposed to be the means of cure to ,st4 ,louis in a dangerous illness4 ,fighting against infidels took rank with fastings1 penitential discipline1 visits to shrines1 and almsgivings1 as meriting the divine mercy4#cd ,he who fell in the battle could be confident that his soul was admitted directly into the joys of ,paradise4#ce ,and this held good not only of wars against ,muhammedans4 ,the massacres of ,jews and heretics seemed no less meritorious than the slaughter of the more remote enemies of the ,gospel4 ,nay1 even a slight shade of difference from the liturgy of ,rome became at last a legitimate cause of war4 ,footnote #cc3 ,lyttelton1 ,history of the ,life of ,king ,henry the ,second1 iii4 #if4 ,footnote #cd3 ,cf4 ,milman1 ,history of ,latin ,christianity1 iv4 #bji4 ,footnote #ce3 ,cf4 ,laurent1 tudes sur l'histoire de l'humanit1 vii4 #beg4 ,it is true that these views were not shared by all4 ,at the ,council of ,lyons1 in #abgd1 the opinion was pronounced1 and of course eagerly attacked1 that it was contrary to the examples of ,christ and the ,apostles to uphold religion with the sword and to shed the blood of unbelievers4#cf ,in the following century1 ,bonet maintained that1 according to ,scriptures1 a ,saracen or any other disbeliever could not be compelled by force to accept the ,christian faith4#cg ,franciscus a ,victoria declared that diversity of religion is not a cause of just war2#ch and a similar opinion was expressed by ,soto1#ci ,covarruvias a ,leyva1#dj and ,suarez4#da ,according to ,balthazar ,ayala1 the most illustrious ,spanish lawyer of the sixteenth century1 it does not belong to the ,church to punish infidels who #ceb have never received the ,christian faith1 whereas those who1 having once received it1 afterwards endeavour to prevent the propagation of the ,gospel1 may1 like other heretics1 be justly persecuted with the sword4#db ,but the majority of jurisconsults1 as well as of canonists1 were in favour of the orthodox view that unbelief is a legitimate reason for going to war4#dc ,and this principle was1 professedly1 acted upon to an extent which made the history of ,christianity for many centuries a perpetual crusade1 and transformed the ,christian ,church into a military power even more formidable than ,rome under ,csar and ,augustus4 ,very often religious zeal was a mere pretext for wars which in reality were caused by avarice or desire for power4 ,the aim of the ,church was to be the master of the earth rather than the servant of heaven4 ,she preached crusades not only against infidels and heretics1 but against any disobedient prince who opposed her boundless pretensions4 ,and she encouraged war when rich spoils were to be expected from the victor1 as a thankoffering to ,god for the victory ,he had granted1 or as an atonement for the excesses which had been committed4 ,footnote #cf3 ,bethune-,baker1 op4 cit4 p4 #gc4 ,footnote #cg3 ,bonet1 ,l'arbre des batailles1 iv4 #b1 p4 #hf3 ,selon la sainte ,escripture nous ne pouvons et si ne devons contredire ne efforcer ung mescreant recepvoir ne le saint bapteme ne la sainte foy ainsi les devons laisser en leur franche volont que ,dieu leur a donne4 ,footnote #ch3 ,franciscus a ,victoria1 ,relectiones ,theologic1 vi4 #aj1 p4 #bca3 ,caussa iusti belli non est diuersitas religionis4 ,yet infidels may be constrained to allow the ,gospel to be preached 7ibid4 v4 #c4 #ab1 p4 #bad sq474 ,footnote #ci3 ,soto1 ,de justititia et jure1 v4 #c4 #e1 fol4 #aed4 ,footnote #dj3 ,covariuvias a ,leyva1 ,regul1 ,pecatum1 ii4 #aj4 #b 7,opera omnia1 i4 #dif73 ,infidelitas non priuat infideles dominio1 quod habent iure humano1 vel habuerunt ante legem ,euangelicam in prouinciis et regnis1 quae obtinent4 ,footnote #da3 ,suarez1 cited by ,nys1 ,droit de la guerre et les prcurseurs de ,grotius1 p4 #ih4 ,footnote #db3 ,ayala1 ,de iure et officiis bellicis et disciplina militari1 i4 #b4 #bi sq4 ,footnote #dc3 ,nys1 op4 cit4 p4 #hi4 ,idem1 in his ,introduction to ,bonet's ,l'arbre des batailles1 p4 xxiv4 ,according to ,conradus ,brunus 7,de legationibus1 iii4 #h1 p4 #aae71 for instance1 any war waged by ,christians against the enemies of the ,christian faith is just1 as being undertaken for the defence of religion and the glory of ,god in order to recover the possession of dominions unjustly held by infidels4 ,out of this union between war and ,christianity there was born that curious bastard1 ,chivalry4 ,the secular germ of it existed already in the ,german forests4 ,according to ,tacitus1 the young ,german who aspired to be a warrior was brought into the midst of the assembly of the chiefs1 where his father1 or some other relative1 solemnly equipped him for his future vocation with shield and javelin4#dd ,assuming arms was thus made a social distinction1 which subsequently derived its name #cec from one of its most essential characteristics1 the riding a war-horse4 ,but ,chivalry became something quite different from what the word indicates4 ,the ,church knew how to lay hold of knighthood for her own purposes4 ,the investiture1 which was originally of a purely civil nature1 became1 even before the time of the crusades1 as it were1 a sacrament4#de ,the priest delivered the sword into the hand of the person who was to be made a knight1 with the following words1 ,serve ,christi1 sis miles in nomine ,patris1 ,filii1 et ,spiritus ,sancti1 ,amen4#df ,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 lying2#dg and the word ,jesus was sometimes engraven on its hilt4#dh ,god ,himself had chosen the knight to defeat with arms the miscreants who wished to destroy his ,holy ,church1 in the same way as ,he had chosen the clergy to maintain the ,catholic faith with ,scripture and reasons4#di ,the knight was to the body politic what the arms are to the human body3 the ,church was the head1 ,chivalry the arms1 the citizens1 merchants1 and labourers the inferior members2 and the arms were placed in the middle to render them equally capable of defending the inferior members and the head4#ej ,the greatest amity that should be in this world1 says the author of the ',ordre of ,chyualry1' ought to be between the knights and clerks4#ea ,the several gradations of knighthood were regarded as parallel to those of the ,church4#eb ,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 monks1 the ,knights ,templars and ,knights of ,st4 ,john of ,jerusalem4 ,footnote #dd3 ,tactitus1 ,germania1 #ac4 ,according to ,honor de ,sainte ,marie 7,dissertations historiques et critiques sur la ,chevalerie1 p4 #cj sqq471 ,chivalry is of ,roman1 according to some other writers1 of ,arabic origin4 ,m4 ,gautier 7,la ,chevalerie1 pp4 #ad1 #af7 repudiates these theories1 and regards ,chivalry as un usage germain idalis par l'glise4 ,see also ,rambaud1 ,histoire de la civilisation franaise1 i4 #agh sq4 ,footnote #de3 ,scott1 ',essay on ,chivalry1' in ,miscellaneous ,prose ,works1 vi4 #af4 ,mills1 ,history of ,chivalry1 i4 #aj sq4 ,for a description of the various religious ceremonies accompanying the investiture1 see ,the ,book of the ,ordre of ,chyualry or ,knyghthode1 fol4 #bg b sqq4 ,cf4 also ,favyn1 ,theater of ,honour and ,knight-,hood1 i4 #eb4 ,footnote #df3 ,favyn1 op4 cit4 i4 #eb4 ,footnote #dg3 ,ordre of ,chyualry1 fol4 #ca a sq4 ,footnote #dh3 ,mills1 op4 cit4 i4 #ga4 ,footnote #di3 ,ordre of ,chyualry1 fol4 #aa b4 ,footnote #ej3 ,le ,jouuencel1 fol4 #id sqq4 ,footnote #ea3 ,ordre of ,chyualry1 fol4 #ab a4 ,footnote #eb3 ,scott1 loc4 cit4 p4 #ae4 #ced ,the duties which a knight took on himself by oath were very extensive1 but not very well defined4 ,he should defend the holy ,catholic faith1 he should defend justice1 he should defend women1 widows1 and orphans1 and all those of either sex that were powerless1 ill at ease1 and groaning under oppression1 and injustice4#ec ,in the name of religion and justice he could thus practically wage war almost at will4 ,though much real oppression was undoubtedly avenged by these soldiers of the ,church1 the knight seems as a rule to have cared little for the cause or necessity of his doing battle4 ,la guerre est ma patrie1 ,mon harnois ma maison3 ,et en toute saison ,combatre c'est ma vie1 was a saying much in use in the sixteenth century4#ed ,the general impression which ,froissart gives us in his history is1 that the age in which he lived was completely given over to fighting1 and cared about nothing else whatever4#ee ,the ,french knights never spoke of war but as a feast1 a game1 a pastime4 ,let them play their game1 they said of the cross-bow men1 who were showering down arrows on them2 and to play a great game1 jouer gros jeu1 was their description of a battle4#ef ,previous to the institution of ,chivalry there certainly existed much fighting in ,christian countries1 but knighthood rendered war a fashionable accomplishment4#eg ,and so all-absorbing became the passion for it that1 as real injuries were not likely to occur every day1 artificial grievances were created1 and tilts and tournaments were invented in order to keep in action the sons of war when they had no other employments for their courage4 ,even in these images of war--which were by no means so harmless as they have sometimes been represented to be#eh--the intimate connection #cee between ,chivalry and religion displays itself in various ways4 ,before the tournament began1 the coats of arms1 helmets1 and other objects were carried into a monastery1 and after the victory was gained the arms and the horses which had been used in the fight were offered up at the church4#ei ,the proclamations at the tournaments were generally in the name of ,god and the ,virgin ,mary4 ,before battle the knights confessed1 and heard mass2 and1 when they entered the lists1 they held a sort of image with which they made the sign of the cross4#fj ,moreover1 as the feasts of the tournaments were accompanied by these acts of devotion1 so the feasts of the ,church were sometimes adorned with the images of the tournaments4#fa ,it is true that the ,church now and then made attempts to stop these performances4#fb ,but then she did so avowedly because they prevented many knights from joining the holy wars1 or because they swallowed up treasures which might otherwise with advantage have been poured into the ,holy ,land4#fc ,footnote #ec3 ,ordre of ,chyualry1 foll4 #aa b1 #ag a4 ,sainte-,palaye1 ,mmoires sur l'ancienne ,chevalerie1 i4 #ge1 #abi4 ,footnote #ed3 ,de la ,nou1 ,discours politiques et militaires1 p4 #bae4 ,footnote #ee3 ,see ,sir ,james ,stephen's essay on ',froissart's ,chronicles1' in his ,hor ,sabbatic1 i4 #bb sqq4 ,footnote #ef3 ,sainte-,palaye1 op4 cit4 ii4 #fa4 ,footnote #eg3 ,millingen1 ,history of ,duelling1 i4 #gj4 ,footnote #eh3 ,sainte-,palaye1 op4 cit4 i4 #agi2 ii4 #ge4 ,du ,cange1 ',dissertations sur l'histoire de ,s4 ,louys1' in ,petitot1 ,collection des ,mmoires relatifs l'histoire de ,france1 iii4 #abb sq4 ,honor de ,sainte ,marie1 op4 cit4 p4 #ahf4 ,footnote #ei3 ,sainte-,palaye1 op4 cit4 i4 #aea4 ,footnote #fj3 ,ibid4 ii4 #eg4 ,footnote #fa3 ,ibid4 ii4 #eg sq4 ,footnote #fb3 ,du ,cange1 loc4 cit4 p4 #abd sqq4 ,honor de ,sainte ,marie1 op4 cit4 p4 #ahf4 ,sainte-,palaye1 op4 cit4 ii4 #ge4 ,footnote #fc3 ,du ,cange1 loc4 cit4 p4 #abe sq4 ,closely connected with the feudal system was the practice of private war4 ,though tribunals had been instituted1 and even long after the kings' courts had become well-organised and powerful institutions1 a nobleman had a right to wage war upon another nobleman from whom he had suffered some gross injury4#fd ,on such occasions not only the relatives1 but the vassals1 of the injured man were bound to help him in his quarrel1 and the same obligation existed in the case of the aggressor4#fe ,only greater crimes were regarded as legitimate causes of private war1#ff but this rule was not at all strictly observed4#fg ,as #cef a matter of fact1 the barons fled to arms upon every quarrel2 he who could raise a small force at once made war upon him who had anything to lose4 ,the nations of ,europe were subdivided into innumerable subordinate states1 which were almost independent1 and declared war and made treaties with all the vigour and all the ceremonies of powerful monarchs4 ,contemporary historians describe the excesses committed in prosecution of these intestine quarrels in such terms as excite astonishment and horror2 and great parts of ,europe were in consequence reduced to the condition of a desert1 which it ceased to be worth while to cultivate4#fh ,footnote #fd3 ,the right of private war generally supposed nobility of birth and equality of rank in both the contending parties 7,beaumanoir1 ,coutumes du ,beauvoisis1 lix4 #e sq4 vol4 ii4 #cee sqq42 ,robertson1 ,history of the ,reign of ,charles ,v4 i4 #cbi74 ,but it was also granted to the ,french communes1 and to the free towns in ,germany1 ,italy1 and ,spain 7,du ,boys1 ,histoire du droit criminel des peuples modernes1 ii4 #cdh74 ,footnote #fe3 ,du ,cange1 loc4 cit4 pp4 #dej1 #deh4 ,footnote #ff3 ,ibid4 p4 #dde sq4 ,arnold1 ,deutsche ,urzeit1 p4 #cda4 von ,wchter1 ,beitrge zur deutschen ,geschichte1 p4 #df4 ,footnote #fg3 ,we read of a nobleman who declared war against the city of ,frankfort1 because a lady residing there had promised to dance with his cousin1 but danced with another2 and the city was obliged to satisfy the wounded honour of the gentleman 7von ,wchter1 op4 cit4 p4 #eg74 ,footnote #fh3 ,robertson1 op4 cit4 i4 #ccb4 ,the ,church made some feeble attempts to put an end to this state of things4 ,thus1 about the year #iij1 ordinances were directed against the practice of private war by several bishops in the south of ,france1 who agreed to exclude him who violated their ordinances from all ,christian privileges during his life1 and to deny him ,christian burial after his death4#fi ,a little later1 men engaged in warfare were exhorted1 by sacred relics and by the bodies of saints1 to lay down their arms and to swear that they would never again disturb the public peace by their private hostilities4#gj ,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 vidames1 and exercised this right scarcely less frequently than the barons4#ga ,nor does it seem that #ceg the ,church brought about any considerable change for the better by establishing the ,truce of ,god1 involving obligatory respite from hostilities during the great festivals of the ,church1 as also from the evening of ,wednesday in each week to the morning of ,monday in the week ensuing4#gb ,we are assured by good authorities that the ,truce was generally disregarded1 though the violator was threatened with the penalty of excommunication4#gc ,most barons could probably say with ,bertram de ,born3--,la paix ne me convient pas2 la guerre seule me plat4 ,je n'ai gard ni aux lundis1 ni aux mardis4 ,les semaines1 les mois1 les annes1 tout m'est gal4 ,en tout temps1 je veux perdre quiconque me nuit4#gd ,the ordinance enjoining the treuga ,dei was transgressed even by the popes4#ge ,it was too unpractical a direction to be obeyed1 and was soon given up even in theory by the authorities of the ,church4 ,thomas ,aquinas says that1 as physicians may lawfully apply remedies to men on feast-days1 so just wars may be lawfully prosecuted on such days for the defence of the commonwealth of the faithful1 if necessity so requires2 for it would be tempting ,god for a man to want to keep his hands from war under stress of such necessity4#gf ,and in support of this opinion he quotes the first ,book of the ,maccabees1 where it is said1 ,whosoever shall come to make battle with us on the sabbath day1 we will fight against him4#gg ,footnote #fi3 ',charta de ,treuga et ,pace per ,aniciensem ,praesulem ,widonem in ,congregatione quamplurium ,episcoporum1 ,principium1 et ,nobilium hujus ,terrae sancita1' in ,dumont1 ,corps universel diplomatique du droit des gens1 i4 #da4 ,footnote #gj3 ,raoul ,glaber1 ,histori sui temporis1 iv4 #e 7,bouquet1 ,rerum ,gallicarum et ,francicarum ,scriptores1 x4 #di74 ,robertson1 op4 cit4 i4 #cce4 ,footnote #ga3 ,brussel1 ,nouvel examen de l'usage gnral des fiefs en ,france1 i4 #add4 ,how much the prelates were infected by the general spirit of the age1 appears from a characteristic story of an archbishop of ,cologne who gave to one of his vassals a castle situated on a sterile rock4 ,when the vassal objected that he could not subsist on such a soil1 the archbishop answered1 ,why do you complain8 ,four roads unite under the walls of your castle 7,du ,boys1 ,histoire du droit criminel de l',espagne1 p4 #ejd74 ,footnote #gb3 ,raoul ,glaber1 op4 cit4 v4 #a 7loc4 cit4 p4 #ei74 ,du ,cange1 ,glossarium ad scriptores medi et infim ,latinitatis1 vi4 #abfg sq4 ,henault1 ,nouvel abrg chronologique de l'histoire de ,france1 p4 #ajf4 ,footnote #gc3 ,du ,cange1 ,glossarium1 vi4 #abgb4 ,nys1 ,droit de la guerre et les prcurseurs de ,grotius1 p4 #aad4 ,footnote #gd3 ,villemain1 ,cours de littrature franaise1 ,littrature du ,moyen ,age1 i4 #abb sq4 ,footnote #ge3 ,belli1 ,de re militari1 quoted by ,nys1 op4 cit4 p4 #aae4 ,footnote #gf3 ,thomas ,aquinas1 op4 cit4 ii4-ii4 #dj4 #d4 ,footnote #gg3 ,maccabees1 ii4 #da4 ,it seems that the main cause of the abolition of private war was not any measure taken by the ,church1 but the increase of the authority of emperors or kings4 ,in ,france the right of waging private war was moderated by ,louis ,,ix41 checked by ,philip ,,iv41 suppressed by #ceh ,charles ,,vi4#gh ,in ,england1 after the ,norman ,conquest1 private wars seem to have occurred more rarely than on the ,continent1 probably owing to the strength of the royal authority1 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 countries4#gi ,in ,scotland the practice of private war received its final blow only late in the eighteenth century1 when the clans were reduced to order after the rebellion of #agde4hj ,whilst1 then1 it is impossible to ascribe to the ,church any considerable part in the movement which ultimately led to the entire abolition of private war1 we have1 on the other hand1 to take into account the encouragement which the ,church gave to the warlike spirit of the time by the establishment of ,chivalry#ha and by sanctioning war as a divine institution4 ,war came to be looked upon as a judgment of ,god and the victory as a sign of his special favour4 ,before a battle1 the service of mass was usually performed by both armies in the presence of each other1 and no warrior would fight without secretly breathing a prayer4#hb ,pope ,adrian ,,iv4 says that a war commenced under the auspices of religion cannot but be fortunate2#hc and it was commonly believed that ,god took no less interest in the battle than did the fighting warriors4 ,bonet1 who wrote in the fourteenth century1 puts to himself the question1 why there are so many wars in the world1 and gives the answer1 que toutes sont pour le pechi du siecle dont nostre seigneur ,dieu pour le pugnir permet les guerres1 car ainsi le maintient l'escripture4#hd ,footnote #gh3 ,robertson1 op4 cit4 i4 #ee1 #ef1 #cch sqq4 ,hallam1 ,view of the ,state of ,europe during the ,middle ,ages1 i4 #bjg4 ,brussel1 op4 cit4 i4 #adb4 ,footnote #gi3 ,ibid4 i4 #cdc sq4 ,prof4 ,freeman 7,comparative ,politics1 p4 #cbh sq47 mentions as the last instance of private war in ,england one from the time of ,edward ,,iv4 ,footnote #hj3 ,lawrence1 ,essays on some ,disputed ,questions in ,modern ,international ,law1 p4 #bed sq4 ,footnote #ha3 ,i do not understand how ,m4 ,gautier can say 7op4 cit4 p4 #f7 that ,chivalry was the most beautiful of those means by which the ,church endeavoured to check war4 ,footnote #hb3 ,mills1 ,history of ,chivalry1 i4 #adg4 ,footnote #hc3 ,laurent1 op4 cit4 vii4 #bde4 ,footnote #hd3 ,bonet1 op4 cit4 iv4 #ed1 p4 #aej4 ,similar opinions have retained their place in the orthodox creeds both of the ,catholic and ,protestant #cei ,churches up to the present day4 ,the attitude adopted by the great ,christian congregations towards war has been1 and is still1 to a considerable degree1 that of sympathetic approval4 ,the ,catechism of the ,council of ,trent brings home that there are on record instances of slaughter executed by the special command of ,god ,himself1 as when the sons of ,levi1 who put to death so many thousands in one day1 after the slaughter were thus addressed by ,moses1 ,ye have consecrated your hands this day to the ,lord4#he ,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 heresy1 and upon a pagan people which prevented the preaching of the ,gospel4#hf ,again1 when the ,protestant ,churches became ,state-,churches1 their ministers1 considering themselves as in the service of the ,state1 were ready to champion whatever war the ,government pleased to undertake4 ,as ,mr4 ,gibb observes1 the ,protestant minister was as ready with his ,thanksgiving ,sermon for the victories of a profligate war1 as the ,catholic priest was with his ,te ,deum2 indeed1 the latter was probably the more independent of the two1 because of his allegiance to ,rome4#hg ,the new ,confessions of ,faith explicitly claimed for the ,state the right of waging war1 and the ,anabaptists were condemned because they considered war unlawful for a ,christian4#hh ,even the necessity of a just cause as a reason for taking part in warfare1 which was reasserted at the time of the ,reformation1 was subsequently allowed to drop out of sight4 ,mr4 ,farrer calls attention to the fact that in the #cgth article of the ,english ,church1 which is to the effect that a ,christian at the command of the magistrate may wear weapons and serve in wars1 the word justa in the ,latin form preceding the word bella has been omitted altogether4#hi ,footnote #he3 ,catechism of the ,council of ,trent1 iii4 #f4 #e4 ,footnote #hf3 ,adds and ,arnold1 ,catholic ,dictionary1 p4 #idd4 ,footnote #hg3 ,gibb1 loc4 cit4 p4 #ij4 ,footnote #hh3 ,augsburg ,confession1 i4 #af4 ,second ,helvetic ,confession1 xxx4 #d4 ,footnote #hi3 ,farrer1 ,military ,manners and ,customs1 p4 #bjh4 #cfj ,nor did the old opinion that war is a providential institution and a judgment of ,god die with the ,middle ,ages4 ,lord ,bacon looks upon wars as the highest trials of right2 when princes and states that acknowledge no superior upon earth shall put themselves upon the justice of ,god1 for the deciding of their controversies by such success as it shall please ,him to give on either side4#ij ,ral de ,curban says that a war is seldom successful unless it be just1 hence the victor may presume that ,god is on his side4#ia ,according to ,jeremy ,taylor1 kings are in the place of ,god1 who strikes whole nations1 and towns1 and villages2 and war is the rod of ,god in the hands of princes4#ib ,and it is not only looked upon as an instrument of divine justice1 but it is also said1 generally1 to work out the noble purposes of ,god4#ic ,its tendency1 as a theological writer assures us1 is to rectify and exalt the popular conception of ,god1 there being nothing among men like the smell of gunpowder for making a nation perceive the fragrance of divinity in truth4#id ,by war the different countries have been opened up to the advance of true religion4#ie ,no people ever did1 or ever could1 feel the power of ,christian principle growing up like an inspiration through the national manhood1 until the worth of it had been thundered on the battle-field4#if ,war is1 when ,god sends it1 a means of grace and of national renovation2 it is a solemn duty in which usually only the best ,christians and most trustworthy men should be commissioned to hold the sword4#ig ,according to ,m4 ,proudhon1 it is the most sublime phenomenon of our moral life1#ih a divine revelation more authoritative than the ,gospel itself4#ii ,the warlike people is the religious people2#ajj war is the sign of #cfa human grandeur1 peace a thing for beavers and sheep4 ,philanthrope1 vous parlez d'abolir la guerre2 prenez garde de dgrader le genre humain4#aja ,footnote #ij3 ,bacon1 ,letters and ,life1 i4 7,works1 viii471 #adf4 ,footnote #ia3 ,ral de ,curban1 ,la science du gouvernement1 v4 #cid sq4 ,footnote #ib3 ,taylor1 ,whole ,works1 xii4 #afd4 ,footnote #ic3 ',the ,sword and ,christianity1' in ,boston ,review devoted to ,theology and ,literature1 iii4 #bfa4 ,footnote #id3 ,ibid4 iii4 #bei1 #beg4 ,footnote #ie3 ,holland1 ,time of ,war1 p4 #ad4 ,footnote #if3 ,boston ,review1 iii4 #beg4 ,footnote #ig3 ',christianity and ,war1' in ,christian ,review1 xxvi4 #fjd4 ,footnote #ih3 ,proudhon1 ,la guerre et la paix1 ii4 #dbj4 ,footnote #ii3 ,ibid4i4#fb2 ii4 #dce4 ,footnote #ajj3 ,ibid4 i4 #de4 ,footnote #aja3 ,ibid4 i4 #dc4 ,in order to prove the consistency of war with ,christianity appeals are still1 as in former days1 made to the ,bible2 to the divinely-sanctioned example of the ancient ,israelites1 to the fact that ,jesus never prohibited those around ,him from bearing arms1 to the instances of the centurions mentioned in the ,gospel1 to ,st4 ,paul's predilection for taking his spiritual metaphors from the profession of the soldier1 and so on4#ajb ,according to ,canon ,mozley1 the ,christian recognition of the right of war was contained in ,christianity's original recognition of nations4#ajc ,by a fortunate necessity1 a universal empire is impossible4#ajd ,each nation is a centre by itself1 and when questions of right and justice arise between these independent centres1 they cannot be decided except by mutual agreement or force4 ,the aim of the nation going to war is exactly the same as that of the individual in entering a court1 and the ,church1 which has no authority to decide which is the right side1 cannot but stand neutral and contemplate war forensically1 as a mode of settling national questions1 which is justified by the want of any other mode4#aje ,a natural justice1 ,canon ,mozley adds1 is inherent not only in wars of self-defence2 there is an instinctive reaching in nations and masses of people after alteration and readjustment1 which has justice in it1 and which arises from real needs4 ,the arrangement does not suit as it stands1 there is want of adaptation1 there is confinement and pressure2 there are people kept away from each other that are made to be together1 and parts separated that were made to join4 ,all this uneasiness in ,states naturally leads to war4 ,moreover1 there are wars of progress which1 so far as they are really necessary for the due advantage of mankind and #cfb growth of society1 are approved of by ,christianity1 though they do not strictly belong to the head of wars undertaken in self-defence4#ajf ,a doctrine which thus1 in the name of religion1 allows the waging of wars for rectifying the political distribution of nationalities and races1 and forwarding the so-called progress of the world1 naturally lends itself to the justification of almost any war entered upon by a ,christian ,state4#ajg ,as a matter of fact1 it would be impossible to find a single instance of a war waged by a ,protestant country1 from any motive1 to which the bulk of its clergy have not given their sanction and support4 ,the opposition against war has generally come from other quarters4 ,footnote #ajb3 ,see e4g41 ,browne1 ,exposition of the ,thirty-,nine ,articles1 p4 #hbg sq42 ,christian ,review1 xxvi4 #fjc sq42 ,eclectic ,magazine1 xiii4 #cgb4 ,footnote #ajc3 ,mozley1 ',on ,war1' in ,sermons preached before the ,university of ,oxford1 p4 #aai4 ,footnote #ajd3 ,ibid4 p4 #aab4 ,footnote #aje3 ,ibid4 p4 #ajj sqq4 ,footnote #ajf3 ,ibid4 #ajd sq4 ,footnote #ajg3 ,on the principle of progress1 ,canon ,mozley himself justifies 7ibid4 p4 #aaj sq47 not only the wars undertaken against two ,eastern empires which have shut themselves up and excluded themselves from the society of mankind1 but two of the three great ,european wars of the last dozen years4 ,this was said in #ahga4 ,there have been1 and still are1 ,christian sects which1 on religious grounds1 condemn war of any kind4 ,in the fourteenth century the ,lollards taught that homicide in war is expressly contrary to the ,new ,testament2 they were persecuted partly on that account4#ajh ,of the same opinion were the ,anabaptists of the sixteenth century2 and they could claim on their side the words of men like ,colet and ,erasmus4 ,from the pulpit of ,st4 ,paul's ,colet thundered that an unjust peace is better than the justest war1 and that1 when men out of hatred and ambition fight with and destroy one another1 they fight under the banner1 not of ,christ1 but of the ,devil4#aji ,according to ,erasmus nothing is more impious1 more calamitous1 more widely pernicious1 more inveterate1 more base1 or in sum more unworthy of a man1 not to say of a ,christian1 than war4 ,it is worse than brutal2 to man no wild beast is more destructive than his fellow-man4 ,when brutes fight1 they fight with weapons which nature has given them1 whereas we arm ourselves for mutual slaughter with weapons which nature never thought of4 ,neither do beasts break out #cfc in hostile rage for trifling causes1 but either when hunger drives them to madness1 or when they find themselves attacked1 or when they are alarmed for the safety of their young4 ,but we1 on frivolous pretences1 what tragedies do we act on the theatre of war6 ,under colour of some obsolete and disputable claim to territory2 in a childish passion for a mistress2 for causes even more ridiculous than these1 we kindle the flame of war4 ,transactions truly hellish1 are called holy wars4 ,bishops and grave divines1 decrepit as they are in person1 fight from the pulpit the battles of the princes1 promising remission of sins to all who will take part in the war of the prince1 and exclaiming to the latter that ,god will fight for him1 if he only keeps his mind favourable to the cause of religion4 ,and yet1 how could it ever enter into our hearts1 that a ,christian should imbrue his hands in the blood of a ,christian6 ,what is war but murder and theft committed by great numbers on great numbers6 ,does not the ,gospel declare1 in decisive words1 that we must not revile again those who revile us1 that we should do good to those who use us ill1 that we should give up the whole of our possessions to those who take a part1 that we should pray for those who design to take away our lives8 ,the world has so many learned bishops1 so many grey-headed grandees1 so many councils and senates1 why is not recourse had to their authority1 and the childish quarrels of princes settled by their wise and decisive arbitration8 ,the man who engages in war by choice1 that man1 whoever he is1 is a wicked man2 he sins against nature1 against ,god1 against man1 and is guilty of the most aggravated and complicated impiety4#aaj ,these were the main arguments of reason1 humanity1 and religion1 which ,erasmus adduced against war4 ,they could not leave the reformers entirely unaffected4 ,sir ,thomas ,more charged ,luther himself and his disciples with carrying the doctrines of peace to the extreme limits #cfd of non-resistance4#aaa ,but1 as we have noticed1 these peaceful tendencies only formed a passing phase in the history of ,reformation1 and were left to the care of sectarians4 ,footnote #ajh3 ,perry1 ,history of the ,english ,church1 ,first ,period1 pp4 #dee1 #dfg4 ,footnote #aji3 ,green1 ,history of the ,english ,people1 ii4 #ic4 ,footnote #aaj3 ,erasmus1 ,adagia1 iv4 #a1 col4 #hic sqq4 ,footnote #aaa3 ,farrer1 ,military ,manners and ,customs1 p4 #ahe4 ,among these the ,quakers are the most important4 ,by virtue of various passages in the ,old and the ,new ,testament1#aab they contend that all warfare1 whatever be its peculiar features1 circumstances1 or pretexts1 is wholly at variance with the ,christian religion4 ,it is always the duty of ,christians to obey their ,master's high and holy law--to suffer wrong1 to return good for evil1 to love their enemies4 ,war is also inconsistent with the ,christian principle that human life is sacred1 and that death is followed by infinite consequences4 ,since man is destined for eternity1 the future welfare of a single individual is of greater importance than the merely temporal prosperity of a whole nation4 ,when cutting short the days of their neighbour and transmitting him1 prepared or unprepared1 to the awful realities of an everlasting state1 ,christians take upon themselves a most unwarrantable responsibility1 unless such an action is expressly sanctioned by their divine ,master1 as was the case among the ,israelites4 ,in the ,new ,testament there is no such sanction1 hence it must be concluded that1 under the ,christian dispensation1 it is utterly unlawful for one man to kill another1 under whatever circumstances of expediency or provocation the deed may be committed4 ,and a ,christian who fights by the command of his prince1 and in behalf of his country1 not only commits sin in his own person1 but aids and abets the national transgression4#aac ,footnote #aab3 ,isaiah1 ch4 ii4 sqq4 ,micah1 iv4 #a sqq4 ,st4 ,matthew1 v4 #ch sqq42 xxvi4 #eb4 ,st4 ,luke1 vi4 #bg sqq4 ,st4 ,john1 xviii4 #cf4 ,romans1 xii4 #ai sqq4 #a ,peter1 iii4 #i4 ,footnote #aac3 ,gurney1 ,views ,practices of the ,society of ,friends1 p4 #cge sqq4 ,it must be added that views similar to these are also found independently of any particular form of sectarianism4 ,according to ,dr4 ,wayland1 all wars1 defensive as well as offensive1 are contrary to the revealed will of ,god1 aggression from a foreign nation calling not for retaliation and #cfe injury1 but rather for special kindness and good-will4#aad ,theodore ,parker1 the ,congregational minister1 looks upon war as a sin1 a corrupter of public morals1 a practical denial of ,christianity1 a violation of ,god's eternal love4#aae ,w4 ,stokes1 the ,baptist1 observes that ,christianity cannot sanction war1 whether offensive or defensive1 because war is an immeasurable evil1 by hurling unnumbered myriads of our fellow-men to a premature judgment and endless despair4#aaf ,moreover1 those who compare the state of opinion during the last years with that of former periods1 cannot fail to observe a marked progress of a sentiment antagonistic to war in the various sections of the ,christian ,church4#aag ,yet1 speaking generally1 the orthodox are still of the same opinion as ,sir ,james ,turner1 who declared that those who condemn the profession or art of soldiery1 smell rank of ,anabaptism and ,quakery2#aah and war is in our days1 as it was in those of ,erasmus1#aai so much sanctioned by authority and custom1 that it is deemed impious to bear testimony against it4 ,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 ,state1 and are recognised as binding by the clergy of those countries4 ,with reference to the ,church of ,england1 ,dr4 ,thomas ,arnold asks1 ,did it become a ,christian ,church to make no other official declaration of its sentiments concerning war1 than by saying that ,christian men might lawfully engage in it8#abj ,footnote #aad3 ,wayland1 ,elements of ,moral ,science1 pp4 #cge1 #cgi4 ,footnote #aae3 ,parker1 ,sermon of ,war1 p4 #bc4 ,footnote #aaf3 ,stokes1 ,all ,war inconsistent with the ,christian ,religion1 p4 #da4 ,footnote #aag3 ,cf4 ,gibb1 loc4 cit4 p4 #ha4 ,footnote #aah3 ,turner1 ,pallas ,armata1 p4 #cfi4 ,footnote #aai3 ,erasmus1 op4 cit4 iv4 #a4 #a4 col4 #hid4 ,footnote #abj3 ,arnold1 ,on the ,church1 p4 #acf4 ,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-orthodox1 but distinctly hostile to the most essential dogmas of ,christian theology4 ,bayle1 in his ,dictionary1 calls ,erasmus' essay #cff against war one of the most beautiful dissertations ever written4#aba ,he observes that the more we consider the inevitable consequences of war1 the more we feel disposed to detest those who are the causes of it4#abb ,its usual fruits may1 indeed1 make those tremble who undertake or advise it1 to prevent evils which1 perhaps1 may never happen and which1 at the worst1 would often be much less than those which necessarily follow a rupture4#abc ,to ,voltaire war is an infernal enterprise1 the strangest feature of which is that every chief of the ruffians has his colours consecrated1 and solemnly prays to ,god before he goes to destroy his neighbour4#abd ,he asks what the ,church has done to suppress this crime4 ,bourdaloue preached against impurity1 but what sermon did he ever direct against the murder1 rapine1 brigandage1 and universal rage1 which desolate the world8 ,miserable physicians of souls1 you declaim for five quarters of an hour against the mere pricks of a pin1 and say no word on the curse which tears us into a thousand pieces4#abe ,voltaire admits that under certain circumstances war is an inevitable curse1 but rebukes ,montesquieu for saying that natural defence sometimes involves the necessity of attack1 when a nation perceives that a longer peace would place another nation in a position to destroy it4#abf ,such a war1 he observes1 is as illegitimate as possible3-- ,it is to go and kill your neighbour for fear that your neighbour1 who does not attack you1 should be in a condition to attack you2 that is to say1 you must run the risk of ruining your country1 in the hope of ruining without reason some other country2 this is1 to be sure1 neither fair nor useful4#abg ,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 misery1 are the ambitions and #cfg jealousies of princes and their ministers4#abh ,similar views are expressed in the great ,encyclopdie3--,la guerre est le plus terrible des flaux qui dtruisent l'espce humaine3 elle n'pargne pas mme les vainqueurs2 la plus heureuse est funeste4 4 4 4 ,ce ne sont plus aujourd'hui les peuples qui dclarent la guerre1 c'est la cupidit des rois qui leur fait prendre les armes2 c'est l'indigence qui les met aux mains de leurs sujets4#abi ,footnote #aba3 ,bayle1 ,dictionnaire historique et critique1 vi4 #bci1 art4 ,erasme4 ,footnote #abb3 ,ibid4 ii4 #dfc1 art4 ,artaxata4 ,footnote #abc3 ,ibid4 i4 #dgb1 art4 ,alting 7,henri74 ,footnote #abd3 ,voltaire1 ,dictionnaire philosophique1 art4 ,guerre 7,,oeuvres compltes1 xl4 #efb74 ,footnote #abe3 ,ibid4 p4 #efd4 ,footnote #abf3 ,montesquieu1 ,de l'esprit des lois1 x4 #b 7,,oeuvres compltes1 p4 #bef74 ,footnote #abg3 ,voltaire1 loc4 cit4 p4 #efe4 ,footnote #abh3 ,ibid4 pp4 #dff1 #efd4 ,for ,voltaire's condemnation of war1 see ,morley1 ,voltaire1 p4 #caa sq4 ,i have availed myself of ,lord ,morley's translation of some of the passages quoted4 ,footnote #abi3 ,encyclopdie mthodique1 ,art militaire1 ii4 #fah sq4 ,however vehemently ,voltaire and the ,encyclopedists condemned war1 they did not dream of a time when all wars would cease4 ,other writers were more optimistic4 ,already in #agac ,abb ,saint-,pierre--whose abbotship involved only a nominal connection with the ,church--had published a project of perpetual peace1 which was based on the idea of a general confederation of ,european nations4#acj ,this project was much laughed at2 ,voltaire himself calls its author un homme moiti philosophe1 moiti fou4 ,but once called into being1 the idea of a perpetual peace and of a ,european confederation did not die4 ,it was successively conceived by ,rousseau1#aca ,bentham1#acb and ,kant4#acc ,but on the other hand it met with a formidable enemy in the awakening spirit of nationalism4 ,footnote #acj3 ,saint-,pierre1 ,projet de ,trait pour rendre la paix perptuelle entre les souverains ,chrtiens4 ,footnote #aca3 ,rousseau1 ,extrait du ,projet de paix perptuelle1 de ,m4 l',abb de ,saint-,pierre 7,,oeuvres compltes1 i4 #fjf sqq474 ,footnote #acb3 ,bentham1 ,a ,plan for an universal and perpetual ,peace 7,works1 ii4 #edf sqq474 ,footnote #acc3 ,kant1 ,zum ewigen ,frieden4 ,the ,napoleonic oppression called forth resistance4 ,philosophers and poets sounded the war trumpet4 ,the dream of a universal monarchy was looked upon as absurd and hateful1 and the individuality of a nation as the only possible security for its virtue4#acd ,war was no longer attributed to the pretended interests of princes or to the caprices of their advisers4 ,it was praised as a vehicle of the highest right1#ace as a source or national renovation4#acf #cfh ,by war1 says ,hegel1 finite pursuits are rendered unstable1 and the ethical health of peoples is preserved4 ,just as the movement of the ocean prevents the corruption which would be the result of perpetual calm1 so by war people escape the corruption which would be occasioned by a continuous or eternal peace4#acg ,similar views have been expressed by later writers4 ,war is glorified as a stimulus to the elevated virtues of courage1 disinterestedness1 and patriotism4#ach ,it has done more great things in the world than the love of man1 says ,nietzsche4#aci ,it is the mother of art and of all civil virtues1 says ,mr4 ,ruskin4#adj ,others defend war1 not as a positive good1 but as a necessary means of deciding the most serious international controversies1 denying that arbitration can be a substitute for all kinds of war4 ,questions which are intimately connected with national passions and national aspirations1 and questions which are vital to a nation's safety1 will never1 they say1 be left to arbitration4 ,each ,state must be the guardian of its own security1 and cannot allow its independence to be calmly discussed and adjudicated upon by an external tribunal4#ada ,moreover1 arbitration would prove effective only where the contradictory pretensions could be juridically formulated1 and these instances are by far the less numerous and the less important4#adb ,and would it not1 in many cases1 be impossible to find impartial arbiters8 ,would not arbitration often be influenced by a calculation of the forces which every power interested could bring into the field1 and would not war be resorted to where arbitration failed to reconcile conflicting interests1 or where a decision was opposed to a high-spirited people's sense of justice8 ,these and similar arguments are constantly adduced against the idea of a perpetual peace4 ,but at the same time the opponents of war are becoming more numerous #cfi and more confident every day4 ,already after the fall of ,napoleon1 when there was a universal longing for peace in the civilised world1 the first ,peace ,societies were formed2#adc and the idea of ,saint-,pierre1 from being the dream of a philosopher1 has become the object of a popular movement which is rapidly increasing in importance4 ,there is every reason to believe that1 when the present high tide of nationalism has subsided1 and the subject of war and peace is no longer looked upon from an exclusively national point of view1 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-revenge4 ,there is an inveterate tendency in the human mind to assume that existing conditions will remain unchanged4 ,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 duties4 ,footnote #acd3 ,fichte1 ,reden an die deutsche ,nation4 ,cf4 ,idem1 ,ueber den ,begriff des wahrhaften ,krieges4 ,footnote #ace3 ,arndt1 quoted by ,jhns1 ,krieg1 ,frieden und ,kultur1 p4 #cjb4 ,footnote #acf3 ,anselm von ,feuerbach1 ,unterdrckung und ,wiederbefreiung ,europens4 ,footnote #acg3 ,hegel1 ,grundlinien der ,philosophie des ,rechts1 #cbd1 p4 #cag 7,english translation1 p4 #cca74 ,footnote #ach3 ,see1 e4g41 ,mabille1 ,la ,guerre1 p4 #aci4 ,footnote #aci3 ,nietzsche1 ,also sprach ,zarathustra1 i4 #fc4 ,footnote #adj3 ,ruskin1 ,crown of ,wild ,olive1 ,lecture on ,war 7,works1 vi4 #ii1 #aje74 ,footnote #ada3 ,lawrence1 op4 cit4 p4 #bge sq4 ,sidgwick1 ',morality of ,strife1' in ,international ,journal of ,ethics1 i4 #ac4 ,footnote #adb3 ,geffken1 quoted by ,jhns1 op4 cit4 p4 #ceb1 n4 #b4 ,footnote #adc3 ,jhns1 op4 cit4 p4 #cjg sq4 ,it is said that1 though ,christianity has not abolished war1 it has nevertheless1 even in war1 asserted the principle that human life is sacred by prohibiting all needless destruction4 ,the ,canon1 ',de treuga et pace1' laid down the rule that non-resisting persons should be spared2#add and ,franciscus a ,victoria maintained not only that between ,christian enemies those who made no resistance could not lawfully be slain1#ade but that even in war against the ,turks it was wrong to kill children and women4#adf ,however1 this doctrine of mercy was far in advance of the habits and general opinion of the time4#adg ,if the simple peasant was often spared1 that was largely from motives of prudence1#adh or because the valiant knight considered him unworthy of the lance4#adi ,as late as the seventeenth century1 ,grotius was certainly not supported by the spirit of the age when he argued that1 if justice #cgj do not require1 at least mercy does1 that we should not1 except for weighty causes tending to the safety of many1 undertake anything which may involve innocent persons in destruction2#aej or when he recommended enemies willing to surrender on fair conditions1 or unconditionally1 to be spared4#aea ,afterwards1 however1 opinion changed rapidly4 ,pufendorf1 in echoing the doctrine of ,grotius1#aeb spoke to a world which was already convinced2 and in the eighteenth century ,bynkershoek stands alone in giving to a belligerent unlimited rights of violence4#aec ,in reference to the assumption that this change of opinion is due to the influence of the ,christian religion1 it is instructive to note that ,grotius1 in support of his doctrine1 appealed chiefly to pagan authorities1 and that even savage peoples1 without the aid of ,christianity1 have arrived at the rule which in war forbids the destruction of helpless persons and captives4 ,footnote #add3 ,gregory ,,ix4 ,decretales1 i4 #cd4 #b4 ,footnote #ade3 ,franciscus a ,victoria1 op4 cit4 vi4 #ac1 #ce1 #dh2 pp4 #bcb1 #bda1 #bdf sq4 ,footnote #adf3 ,ibid4 vi4 #cf1 p4 #bda4 ,footnote #adg3 ,hall1 ,treatise on ,international ,law1 p4 #cie1 n4 #a4 ,footnote #adh3 d',argentr1 ,l'histoire de ,bretagne1 p4 #cia4 ,footnote #adi3 ,mills1 op4 cit4 p4 #acb4 ,footnote #aej3 ,grotius1 op4 cit4 iii4 #aa4 #h4 ,footnote #aea3 ,ibid4 iii4 #aa4 #ad sqq4 ,footnote #aeb3 ,pufendorf1 ,de jure natur et gentium1 viii4 #f4 #h1 p4 #hhe4 ,footnote #aec3 van ,bynkershoek1 ,questiones juris publici1 i4 #a1 p4 #ca3 ,omnis enim vis in bello justa est4 ,hall1 ,treatise on ,international ,law1 p4 #cie1 n4 #a4 ,the prevailing attitude towards war indicates the survival1 in modern civilisation1 of the old feeling that the life of a foreigner is not equally sacred with the life of a countryman4 ,in times of peace this feeling is usually suppressed2 it appears in no existing law on homicide1 nor does it1 generally1 find expression in public opinion4 ,it dares to disclose itself only in the form of national aggressiveness1 under the flag of patriotism1 or1 perhaps1 in the treatment of the aborigines of some distant country4 ,the behaviour of ,european colonists towards coloured races only too often reminds us of the manner in which savages treat members of a foreign tribe4 ,it was said that the frontier peasants at the ,cape found nothing morally wrong in the razzias which they undertook against the ,bushmans1 without any provocation whatsoever1 though they would consider it a heinous sin to do the same to their ,christian fellow-men4#aed ,in ,australia #cga there are instances reported of young colonists employing the ,sunday in shooting blacks for the sake of sport4 ,the life of a native1 says ,mr4 ,lumholtz1 has but little value1 particularly in the northern part of ,australia1 and once or twice colonists offered to shoot blacks for me so that ,i might get their skulls4 ,on the borders of civilisation men would think as little of shooting a black man as a dog4 ,the law imposes death by hanging as the penalty for murdering a black man1 but people live so far apart in these uncivilised regions that a white man may in fact do what he pleases with the blacks4 4 4 4 ,in the courts the blacks are defenceless1 for their testimony is not accepted4 ,the jury is not likely to declare a white man guilty of murdering a black man4 ,on the other hand if a white man happens to be killed by the blacks1 a cry is heard throughout the whole colony4#aee ,footnote #aed3 ,waitz1 ,introduction to ,anthropology1 p4 #cad4 ,footnote #aee3 ,lumholtz1 ,among ,cannibals1 p4 #cdf sqq4 ,see also ,mathew1 in ,jour4 ,proceed4 ,roy4 ,soc4 ,n4 ,s4 ,wales1 xxiii4 #cij2 ,breton1 ,excursions in ,new ,south ,wales1 p4 #bjj sq42 ,stokes1 ,discoveries in ,australia1 ii4 #dei sqq4 ,,chapter ,,xvi ,,homicide ,,in ,,general 7concluded7 ,,in the last two chapters we have only been concerned with the statement of facts2 we shall now make an attempt to explain those facts4 ,what is the source of the moral commandment1 ,thou shalt not kill8 ,and what is the cause of its original narrowness and of its subsequent extension8 ,mr4 ,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 member1 before it came to be conceived of as a wrong done to the murdered man himself4#a ,but considering the mutual sympathy which prevails in small savage communities1 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 homicide4 ,savages1 no less than civilised mankind1 practically regard a man's life as his highest good4 ,whatever opinions may be held about the existence after death1 whatever blessings may be supposed to await the disembodied soul1 nobody likes to be hurried into that existence by another's will4 ,according to early beliefs1 the soul of a murdered man is furious with the person who slew him1 and finds no rest until his death has been avenged4#b ,his friends and comrades pity his fate and #cgc feel resentment on his behalf2 whereas1 in a state of culture where sympathy is restricted to a narrow group of people1 no such resentment will be felt if the victim is a member of another group4 ,on the contrary1 when he is regarded as an actual or potential enemy1 or when the slaying of him is taken for a test of courage1 the manslayer will be applauded by his own people1 and his deed will be styled good or meritorious4 ,in some cases superstition1 also1 is an encouragement to extra-tribal homicide4 ,the ,kukis believe that1 in paradise1 all the enemies whom a man has killed will be in attendance on him as slaves4#c ,a similar belief partly lies at the bottom of the custom of head-hunting2#d whilst1 according to other notions1 the soul of the man whose head is procured is transformed into a guardian spirit4#e ,a ,kayan chief said of the custom in question1 ,it brings us blessings1 plentiful harvests1 and keeps off sickness and pains2 those who were once our enemies1 hereby become our guardians1 our friends1 our benefactors4#f ,now1 progress in civilisation is generally marked by an expansion of the altruistic sentiment2 and this largely explains why the prohibition of homicide has come to embrace more and more comprehensive circles of men1 and finally1 in the most advanced cases1 the whole human race4 ,footnote #a3 ,spencer1 ,principles of ,ethics1 ii4 ,footnote #b3 ,see infra1 on ,blood-revenge4 ,footnote #c3 ,dalton1 ,descriptive ,ethnology of ,bengal1 p4 #df4 ,footnote #d3 ,ling ,roth1 ,natives of ,sarawak1 ii4 #ada4 ,footnote #e3 ,wilken1 ,het animisme bij de volken van den ,indischen ,archipel1 p4 #abd4 ,footnote #f3 ,furness1 ,home-,life of ,borneo ,head-,hunters1 p4 #ei4 ,but whilst homicide is censured as a wrong done to the person slain1 it is at the same time viewed as an injury inflicted upon the survivors4 ,it deprived his friends of his company1 his family and community of a useful member4 ,in ,arabia1 when a man was killed1 his tribesmen1 instead of mentioning his name1 used to say1 ,our blood has been spilt4#g ,according to ,lafitau1 the loss of a single person seemed to the ,north ,american ,indians a subject or great regret1 because it weakened the family4#h #cgd ,among the ,basutos1 again1 murder is condemned as a violation of the sacred rights of a father1 who is deprived of the services of his son1 or of a widow and orphans1 who are left without support4#i ,especially when a person is considered more or less the property of another1 the taking of his life is largely looked upon as an offence against the owner4 ,mr4 ,warner states of the ,kafirs1 ,all homicide must 4 4 4 be atoned for2 the principle assumed being1 that the persons of individuals are the property of the ,chief1 and that having been deprived of the life of a subject1 he must be compensated for it4#aj ,we meet with a somewhat similar notion in the history of ,english legislation4 ,in his book on the ,commonwealth of ,england1 ,thomas ,smith observes1 ,attempting to impoison a man1 or laying a waite to kill a man1 though hee wound him dangerously1 yet if death follow not1 it is no fellony by the law of ,england1 for the ,prince hath lost no man1 and life ought to be giuen we say for life only4#aa ,in the ,middle ,ages homicide was conceived as a breach of the ,king's peace2 and both before and afterwards it has been stigmatised as a disturbance of public tranquillity and an outrage on public safety4 ,in the ,anglo-,saxon wer and wite we find a clear distinction between the private and public aspects of homicide4#ab ,footnote #g3 ,robertson ,smith1 ,marriage and ,kinship in ,early ,arabia1 p4 #bf4 ,footnote #h3 ,lafitau1 ,moeurs des sauvages ameriquains1 ii4 #afc4 ,footnote #i3 ,casalis1 ,basutos1 p4 #bbd sq4 ,footnote #aj3 ,warner1 in ,maclean1 ,compendium of ,kafir ,laws1 p4 #fj sq4 ,footnote #aa3 ,thomas ,smith1 ,common-wealth of ,england1 p4 #aid sq4 ,footnote #ab3 ,cf4 ,pollock and ,maitland1 ,history of ,english ,law before the ,time of ,edward ,i4 i4 #dh4 ,a manslayer not only causes a loss to the group which he deprives of a member1 but he also may give trouble to his own people1 who1 in consequence1 disapprove of his act4 ,among the ,yahgans of ,tierra del ,fuego1 says ,mr4 ,bridges1 many things conspire to make the shedding of blood a fearful thing4 ,a murderer imperils all his friends and connections more or less1 and consequently estranges them from himself4 ,this state of things is the greatest safeguard to human life we can conceive4#ac ,among the ,kfirs of the ,hindu-,kush1 the mere killing of an #cge individual is looked upon as a small affair1 provided that he does not belong to the tribe1 or to another near tribe with which it is at peace1 for in the latter case it might result in war4#ad ,footnote #ac3 ,bridges1 in ,south ,american ,missionary ,magazine1 xiii4 #aec4 ,footnote #ad3 ,scott ,robertson1 ,kfirs of the ,hindu-,kush1 p4 #aid4 ,we have still to notice the common idea that a manslayer is unclean4 ,the ghost of the victim persecutes him1 or actually cleaves to him like a miasma2 and he must undergo rites of purification to get rid of the infection4 ,until this is done1 he is among many peoples regarded as a source of danger1 and is consequently cut off from free intercourse with his fellows4 ,among the ,ponka ,indians ,mr4 ,dorsey found the belief that a murderer is surrounded by the ghosts1 who keep up a constant whistling2 that he can never satisfy his hunger1 though he eat much food2 and that he must not be allowed to roam at large lest high winds arise4#ae ,of the warriors among certain ,north ,american ,indians ,adair wrote that1 as they reckon they are become impure by shedding human blood1 they hasten to observe a fast of three days4#af ,among the ,natchez1 according to ,charlevoix1 those who for the first time have made a prisoner or taken off a scalp1 must1 for a month1 abstain from seeing their wives1 and from eating flesh4 ,they imagine1 that if they should fail in this1 the souls of those whom they have killed or burnt1 would effect their death1 or that the first wound they should receive would be mortal2 or at least1 that they should never gain any advantage over their enemies4#ag ,the ,kafirs and ,bechuanas practise various ceremonies of purification after their fights4#ah ,the ,basutos say1 ,human blood is heavy1 it prevents him who has shed it from running away4#ai ,they consider it necessary that1 on return from battle1 the warriors should rid themselves1 as soon as possible1 of the blood they have shed1 or the shades of their victims would pursue them incessantly and disturb their slumbers2 hence they go in full armour to the nearest stream1 and1 as a rule1 at the moment they enter the water a diviner1 placed #cgf higher up1 throws some purifying substances into the current4#bj ,among the ,bantu ,kavirondo1 when a man has killed an enemy in warfare he shaves his head on his return home1 and his friends rub 'medicine' 7generally the dung of goats7 over his body to prevent the spirit of the deceased from worrying the man by whom he has been slain4#ba ,among the ,ja-luo1 a warrior who has slain an enemy not only shaves his hair1 but1 after entering the village1 prepares a big feast to propitiate the man he has killed so that his ghost may not give trouble4#bb ,among the ,wagogo of ,german ,east ,africa1 the father of a young warrior who has shed blood gives to his son a goat to clean his sword4#bc ,after the slaughter of the ,midianites1 those ,israelites who had killed any one1 or touched the slain1 had to remain outside the camp for seven days1 purifying themselves and everything in their possession either by water1 or fire1 or both4#bd ,so1 also1 if a person had been slain in the land of ,israel1 and the perpetrator of the deed could not be detected1 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 blood4#be ,according to the ,laws of ,manu1 a person who has unintentionally killed a ,brhmana shall make a hut in the forest and dwell in it during twelve years2#bf in order to remove the guilt he shall throw himself thrice headlong into a blazing fire1#bg or walk against the stream along the whole course of the river ,sarasvat1#bh or shave off all his hair4#bi ,the ancient ,greeks believed that one who had suffered a violent end1 when newly dead1 was angry with the author of his death4#cj ,the blood-guilty individual1 as though infected with a miasma1 shunned all contact and conversation with other people1 and avoided entering their dwellings4#ca ,even the involuntary manslayer had to leave the country for some time2 according to ,plato's ',laws1' he must go out of the way of his victim for the entire period of a year1 and not let himself be found in any spot which was familiar to him throughout the country4#cb #cgg ,nor must he return to his land until sacrifice had been offered and ceremonies of purification performed4#cc ,footnote #ae3 ,dorsey1 ',siouan ,cults1' in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #dbj4 ,footnote #af3 ,adair1 ,history of the ,american ,indians1 p4 #chh4 ,footnote #ag3 ,charlevoix1 ,voyage to ,north ,america1 ii4 #bjc4 ,footnote #ah3 ,arbousset and ,daumas1 ,exploratory ,tour to the ,colony of the ,cape of ,good ,hope1 p4 #cid sqq4 ,alberti1 ,de ,kaffers aan de ,zuidkust van ,afrika1 p4 #ajd4 ,footnote #ai3 ,casalis1 op4 cit4 p4 #cji4 ,footnote #bj3 ,ibid4 p4 #beh4 ,footnote #ba3 ,johnston1 ,uganda ,protectorate1 ii4 #gdc sq4 ,footnote #bb3 ,ibid4 ii4 #gid4 ,footnote #bc3 ,cole1 ',notes on the ,wagogo of ,german ,east ,africa1' in ,jour4 ,anthr4 ,inst4 xxxii4 #cba4 ,footnote #bd3 ,numbers1 xxxi4 #ai sqq4 ,footnote #be3 ,deuteronomy1 xxi4 #a sq4 ,footnote #bf3 ,laws of ,manu1 xi4 #gc4 ,footnote #bg3 ,ibid4 xi4 #gd4 ,footnote #bh3 ,ibid4 xi4 #gh4 ,footnote #bi3 ,ibid4 xi4 #gi4 ,footnote #cj3 ,plato1 ,leges1 ix4 #hfe4 ,footnote #ca3 ,mller1 ,dissertations on the ,eumenides of schylus1 p4 #ajc4 ,aeschylus says 7,eumenides1 #ddh sqq47 it is the custom that a murderer should not speak anything until he has been sprinkled with the spurted blood of a slain sucking-pig4 ,cf4 ,apollonius ,rhodius1 ,argonautica1 iv4 #gjj sqq42 ,aristotle1 ,de republica ,atheniensium1 #eg4 ,footnote #cb3 ,plato1 ,leges1 ix4 #hfe4 ,footnote #cc3 ,demosthenes1 ,contra ,aristocratem1 #ga sqq41 p4 #fdc sq4 ,mller1 ,dissertations1 p4 #ajf sq4 ,frazer1 ,golden ,bough1 i4 #cda4 ,on the uncleanness of manslayers see also ,tylor1 ,primitive ,culture1 ii4 #dcc sq42 ,frazer1 op4 cit4 i4 #cca sqq4 ,the state of uncleanness incurred by the shedding of human blood does not intrinsically involve moral guilt4 ,as appears from many of the instances just referred to1 it results not only from the murder of a tribesman1 but from so meritorious a deed as the slaying of a foe4 ,in ,nukahiva1 for instance1 a man who has killed the highest person1 or one of the highest1 among the enemy1 is tabooed for ten days1 during which he is not allowed to hold intercourse with his wife nor to meddle with fire2 but1 at the same time1 he is treated with distinction1 and presents of pigs are brought to him4#cd ,on the other hand1 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 act4 ,whenever the commission of an act of homicide has any tendency at all to call forth moral blame1 the disapproval of the deed will easily be enhanced by the spiritual danger attending on it1 as also by the inconvenient restrictions laid on the tabooed manslayer and the ceremonies of purification to which he is subject4 ,the deprivations which he has to undergo come to be looked upon in the light of a punishment1 and the rights of cleansing as a means of removing guilt4 ,the taboo rules which1 among the ,omahas1 a murderer whose life was spared had to observe for a period varying from two to four years are spoken of by ,mr4 ,dorsey as his punishment1 and this seems also partly to have been the native point of view4 ,the murderer sometimes wandered at night1 crying1 and lamenting his offence1 until1 at the end of the designated period1 the kindred of his victim heard his crying1 and said3--,it is enough4 ,begone1 and walk among the crowd4 #cgh ,put on moccasins and wear a good robe4#ce ,moreover1 the notion of a persecuting ghost may be replaced by the notion of an avenging god4 ,confusions are common in the world of mystery2 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 chapters4 ,the ,jbla of ,northern ,morocco do not nowadays believe in ghosts1 yet they regard a person who has shed human blood to be in some degree unclean for the rest of his life4 ,poison oozes out from underneath his nails2 hence anybody who drinks the water in which he has washed his hands will fall dangerously ill4 ,the meat of an animal which he has killed is difficult to digest1 and so is any food eaten in his company4 ,if he comes to a place where people are digging a well1 the water will at once run away4 ,he is said to be mejnn1 haunted by jnn 7jinn71 a race of beings entirely distinct from men1 living or dead4 ,the ,greenlanders believed that an abortion or a child born under concealment was transformed into an evil spirit called ngiaq1 for the purpose of avenging the crime4#cf ,in ,eastern ,central ,africa1 after killing a slave1 the master is afraid of ,chilope4 ,this means that he will become emaciated1 lose his eye-sight1 and ultimately die a miserable death4 ,he therefore goes to his chief and gives him a certain fee 7in cloth1 or slaves1 or such legal tenders71 and says1 ',get me a charm 7luasi71 because ,i have slain a man4' ,when he has used this charm1 which may be either drunk or administered in a bath1 the danger passes away4#cg ,among the ,omahas the ghost of the murdered man was not lost sight of2 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 wind1 which might cause damage4 ,but at the same time his deed was considered offensive to #cgi ,wakanda2 no one wished to eat with him1 for they said1 ,if we eat with whom ,wakanda hates1 for his crime1 ,wakanda will hate us4#ch ,in the ,chinese books there are numerous instances of persons haunted by the souls of their victims on their death-bed1 and in most of these cases the ghosts state expressly that they are avenging themselves with the special authorisation of ,heaven4#ci ,the ,greek belief in the ,erinys of a murdered man no doubt originated in the earlier notion of a persecuting ghost1 whose anger or curses in later times were personified as an independent spirit4#dj ,and the transformation went further still3 the ,erinyes were represented as the ministers of ,zeus1 who by punishing the murderer carried out his divine will4 ,zeus was considered the originator of the rites of purification2 when visited with madness by the ,erinyes1 ,ixion appealed to ,zeus ,hikesios1 and at the altar of ,zeus ,meilichios ,theseus underwent purification for the shedding of kindred blood4#da ,originally1 as it seems1 only the murder of a kinsman was an offence against ,zeus and under the ban of the ,erinyes1 but later on their sphere of action was expanded1 and all bloodshed1 if the victim had any rights at all within the city1 became a sin which needed purification4#db ,uncleanness was thus transformed into spiritual impurity4 ,when the pollution with which a manslayer is tainted is regarded as merely the work of a ghost or of some spirit-substitute who1 like the ,moorish jnn1 has nothing to do with the administration of justice1 it may be devoid of all moral significance in spite of the dread it inspires2 but the case is different when it comes to be conceived of as a divine punishment1 or as a sin-pollution in the eyes of the supreme god4 ,such a transformation of ideas could hardly take place #chj unless the act1 considered polluting1 were by itself apt to evoke moral disapproval4 ,but it is obvious that the gravity of the offence is increased by the religious aspect it assumes4 ,footnote #cd3 von ,langsdorf1 ,voyages and ,travels1 i4 #acc4 ,footnote #ce3 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #cfi4 ,footnote #cf3 ,rink1 ,tales and ,traditions of the ,eskimo1 pp4 #de1 #dci sq4 ,footnote #cg3 ,macdonald1 ,africana1 i4 #afh4 ,footnote #ch3 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #cfi4 ,footnote #ci3 de ,groot1 ,religious ,system of ,china1 7vol4 iv4 book7 ii4 #dda4 ,footnote #dj3 ,see ,mller1 ,dissertations1 p4 #aee sqq42 ,rohde1 ,psyche1 p4 #bdg2 ,idem1 ',paralipomena1' in ,rheinisches ,museum fr ,philologie1 #ahie1 p4 #f sqq4 ,footnote #da3 ,farnell1 ,cults of the ,greek ,states1 i4 #ff sqq4 ,rohde1 ,psyche1 p4 #bdi4 ,idem1 in ,rheinisches ,museum1 #ahie1 p4 #ah4 ,stengel1 ,die griechischen ,kultusaltertmer1 p4 #adj4 ,footnote #db3 ,farnell1 op4 cit4 i4 #fh1 #ga4 ,rohde1 ,psyche1 p4 #bdg4 ,in yet another way the defiling effect attributed to the taking of human life has had an influence on religious and moral ideas4 ,such defilement is shunned not only by men1 but1 in a still higher degree1 by gods4 ,the shedding of human blood is commonly prohibited in sacred places4 ,in almost every ,indian nation1 says ,adair1 there are several peaceable towns1 which are called 'old-beloved1' 'ancient1 holy1 or white towns'2 they seem to have been formerly 'towns of refuge1' for it is not in the memory of their oldest people1 that ever human blood was shed in them2 although they often force persons from thence1 and put them to death elsewhere4#dc ,the ,aricaras of the ,missouri1 according to ,bradbury1 have in the centre of the largest village a sacred lodge called the medicine lodge1 which1 in one particular corresponds with the sanctuary of the ,jews1 as no blood is on any account whatsoever to be spilled within it1 not even that of an enemy4#dd ,at ,athens the prosecution for homicide began with debarring the criminal from all sanctuaries and assemblies consecrated by religious observances4#de ,according to ,greek ideas1 purification was an essential preliminary to an acceptable sacrifice4#df ,hector said1 ,i shrink from offering a libation of gleaming wine to ,zeus with hands unwashed2 nor can it be in any way wise that one should pray to the son of ,kronos1 god of the storm-cloud1 all defiled with blood #cha and filth4#dg ,in many parts of ,morocco1 a man who has slain another person is never afterwards allowed to kill the sacrificial sheep at the ,great ,feast4#dh ,when ,david had in his heart to build a temple1 ,god said to him1 ,thou shalt not build a house for my name1 because thou hast been a man of war1 and 9999hast shed blood4#di ,a decree of the penitential discipline of the ,christian ,church1 which was enforced even against emperors and generals1 forbade anyone whose hands had been imbrued in blood to approach the altar without a preparatory period of penance4#ej ,footnote #dc3 ,adair1 ,history of the ,american ,indians1 p4 #aei4 ,footnote #dd3 ,bradbury1 ,travels in the ,interior of ,america1 p4 #afe sq4 ,our informer adds1 ,nor is any one1 having taken refuge there1 to be forced from it2 but with facts of this kind we are not concerned at present4 ,they belong to the right of sanctuary1 in the strict sense of the term1 and1 as will be seen1 this right is based on a different principle1 which prevents even the polluted manslayer1 tainted with newly shed blood1 from being dragged out of the sanctuary to which he has fled in the capacity of a suppliant4 ,footnote #de3 ,aristotle1 ,de republica ,atheniensium1 #eg4 ,mller1 ,dissertations1 p4 #ajc4 ,footnote #df3 ,donaldson1 ',expiatory and ,substitutionary ,sacrifices of the ,greeks1' in ,transactions ,roy4 ,soc4 ,edinburgh1 xxvii4 #dcc4 ,farnell1 op4 cit4 i4 #gb4 ,footnote #dg3 ,iliad1 vi4 #bff sqq4 ,cf4 ,vergil1 neis1 ii4 #gag sqq4 ,footnote #dh3 ,i found this custom prevalent both among ,arab and ,berber tribes in different parts of the country2 see my article1 ,the ,popular ,ritual of the ,great ,feast in ,morocco1 in ,folk-,lore1 xxii4 #add4 ,footnote #di3 #a ,chronicles1 xxviii4 #b sq4 ,footnote #ej3 ,lecky1 ,history of ,european ,morals1 ii4 #ci4 ,whilst1 from fear of contaminating anything holy1 casual restrictions have thus been imposed on all kinds of manslayers1 whether murderers or those who have killed an enemy in righteous warfare1 more stringent rules have been laid down for persons permanently connected with the religious cult4 ,adair states that the holy men of the ,north ,american ,indians1 like the ,jewish priests1 were by their function absolutely forbidden to shed human blood1 notwithstanding their propensity thereto1 even for small injuries4#ea ,herodotus says of the ,persian ,magi that they kill animals of all kinds with their own hands1 excepting dogs and men4#eb ,the ,druids of ,gaul never went to war1#ec probably in order to keep themselves free from blood-pollution2#ed it is true1 they sacrificed human victims to their gods1 but those they burnt4#ee ,to the same class of facts belong those decrees of the ,christian ,church which forbade clergymen taking part in a battle4 ,moreover1 if a ,christian priest passed a sentence of death #chb he was punished with degradation and imprisonment for life2#ef nor was he allowed to write or dictate anything with a view to bringing about such a sentence4#eg ,he must not perform a surgical operation by help of fire or iron4#eh ,and if he killed a robber in order to save his life1 he had to do penance till his death4#ei ,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 shed4#fj ,footnote #ea3 ,adair1 op4 cit4 p4 #aeb4 ,footnote #eb3 ,herodotus1 i4 #dj4 ,the ,shluh of ,southern ,morocco and some other ,berber tribes1 in the central parts of the same country1 consider that not only homicide1 but the killing of a dog for ever after prevents a person from performing sacrifice at the ,great ,feast2 see ,folk-,lore1 xxii1 #add4 ,footnote #ec3 ,csar1 ,de bello gallico1 vi4 #ad4 ,footnote #ed3 d',arbois de ,jubainville1 ,civilisation des ,celtes1 p4 #bed4 ,footnote #ee3 ,csar1 ,de bello gallico1 vi4 #af4 ,footnote #ef3 ,gratian1 ,decretum1 ii4 #bc4 #h4 #cj4 ,footnote #eg3 ,concilium ,lateranense ,,iv41 ,a4,d4 #abae1 ch4 #ah 7,labbe-,mansi1 ,sacrorum ,conciliorum collectio1 xxii4 #ajjg74 ,footnote #eh3 ,concilium ,lateranense ,,iv41 ,a4,d4 #abae1 ch4 #ah 7,labbe-,mansi1 op4 cit4 xxii4 #ajjg74 ,footnote #ei3 ,thomassin1 ,dictionnaire de discipline ecclsiastique1 ii4 #ajgd4 ,footnote #fj3 ,ibid4 ii4 #ajfi4 ,it cannot be doubted that this horror of blood-pollution had a share in that regard for human life which from the beginning1 and especially in early times1 was a characteristic of ,christianity4 ,but in other respects also1 ,christian feelings and beliefs had an inherent tendency to evoke such a sentiment4 ,the cosmopolitan spirit of the ,christian religion could not allow1 in theory at least1 that the life of a man was less sacred because he was a foreigner4 ,the extraordinary importance it attached to this earthly life as a preparation for a life to come naturally increased the guilt of any one who1 by cutting it short1 not only killed the body1 but probably to all eternity injured the soul4#fa ,in a still higher degree than most other crimes1 homicide was regarded as an offence against ,god1 because man had been made in ,his image4#fb ,gratian says that even the slayer of a ,jew or a heathen has to undergo a severe penance1 quia imaginem ,dei et spem futur conversionis exterminat4#fc ,footnote #fa3 ,concilium ,lugdumense ,i41 ,a4,d4 #abde1 ,additio1 de ,homicidio 7,labbe-,mansi1 op4 cit4 xxiii4 #fgj74 ,footnote #fb3 von ,eicken1 ,geschichte und ,system der ,mittelalterlichen ,weltanschauung1 p4 #efh4 ,footnote #fc3 ,gratian1 ,decretum1 i4 #ej4 #dj4 ,,chapter ,,xvii ,,the ,,killing ,,of ,,parents1 ,,sick ,,persons1 ,,children--,,feticide ,,we have found that among mankind at large there is a moral rule which forbids people to kill members of their own society4 ,we shall now see that the stringency of this rule is subject to variations1 depending on the special relationship in which persons stand to one another or on their social status1 and that there are cases to which it does not apply at all4 ,owing to the regard which children are expected to feel for their parents1 parricide is considered the most aggravated form of murder4 ,nowhere have parents been more venerated by their children than among the nations of archaic culture1 and nowhere has parricide been regarded with greater horror4 ,in ,china it is punished with the most ignominious of all capital punishments1 the so-called cutting into small pieces2 and in some instances1 when the crime has occurred in a district1 in addition to all punishments inflicted on persons1 the wall of the city where the deed was committed is pulled down in parts1 or modified in shape1 a round corner is substituted for a square one1 or a gate removed to a new situation1 or even closed up altogether4#a ,in ,corea the parricide is burned to death4#b #chd ,among the ancient ,egyptians1 we are told1 he was sentenced to be lacerated with sharpened reeds1 and after being thrown on thorns he was burned4#c ,in ,exodus we read of the smiting of parents1 but parricide is not expressly mentioned1 perhaps because the ,hebrew legislator1 like ,solon at ,athens1#d did not think it possible that any one could be guilty of so unnatural a barbarity4#e ,herodotus states that the same notion was held by the ancient ,persians1 who said that no one ever yet killed his own father or mother1 and that all cases of so-called parricide if carefully examined1 would be found to have been committed by supposititious children or those born in adultery1 it being beyond the bounds of probability that a true father should be murdered by his own son4#f ,plato says in his ',laws'3--,if a man could be slain more than once1 most justly would he who in a fit of passion has slain father or mother undergo many deaths4 ,how can he whom1 alone of all men1 even in defence of his life1 and when about to suffer death at the hands of his parents1 no law will allow to kill his father or his mother who are the authors of his being1 and whom the legislator will command to endure any extremity rather than do this--how can he1 ,i say1 lawfully receive any other punishment8#g ,at ,athens parricides were the only persons accused of murder who were not allowed the chance of escaping before sentence was passed1 but were instantly arrested4#h ,according to ,roman ,law1 a committer of parricidium was not subjected to any of the regular modes of capital punishment1 but for the most execrable of crimes was provided the most strange of punishments4 ,the criminal was sewn up in a leathern sack with a cur1 a cock1 a viper1 and an ape1 and1 when cooped up in this fearful prison1 was hurled into the sea1 or into #che some neighbouring river4#i ,but by the term parricidium was not understood the murder of a parent only4 ,according to the ',lex ,pompeia de parricidiis1' it included the murder of any of the following persons3 an ascendant or descendant in any degree1#aj a brother or sister1 an uncle or aunt1 a cousin1 a husband or wife1 a bridegroom or bride1 a father- or mother-in-law1 a son- or daughter-in-law1 a step-parent or step-child1 a patron2 and ,mommsen suggests that in earlier times it had a still wider significance1 being applied to intentional homicide in general4#aa ,but whilst the punishment just referred to was in other cases of parricidium replaced by banishment1 it was1 during the ,empire at least1 actually inflicted upon him who murdered an ascendant4#ab ,footnote #a3 ,doolittle1 ,social ,life of the ,chinese1 i4 #cch sq4 ,smith1 ,chinese ,characteristics1 p4 #bbi4 ,footnote #b3 ,griffis1 ,corea1 p4 #bcf4 ,footnote #c3 ,diodorus ,siculus1 ,bibliotheca historica1 i4 #gg4 #h4 ,footnote #d3 ,diogenes ,lartius1 ,solon1 #aj4 ,cicero1 ,pro ,s4 ,roscio ,amerino1 #be4 ,orosius1 ,histori1 v4 #af4 ,footnote #e3 ,exodus1 xxi4 #ae4 ,cf4 ,keil1 ,manual of ,biblical ,archology1 ii4 #cgf4 ,footnote #f3 ,herodotus1 i4 #acg4 ,footnote #g3 ,plato1 ,leges1 ix4 #hfi4 ,cf4 ibid4 ix4 #hgc4 ,footnote #h3 ,mller1 ,dissertations on the ,eumenides of schylus1 p4 #ia4 ,cf4 ,euripides1 ,orestes1 #ddb sqq4 ,footnote #i3 ,institutiones1 iv4 #ah4 #f4 ,footnote #aj3 ,unless the descendant was in the potestas of him who committed the deed4 ,footnote #aa3 ,mommsen1 ,rmisches ,strafrecht1 pp4 #fdd1 #fde1 #fab sq4 ,footnote #ab3 ,ibid4 p4 #fde sq4 ,whilst ,christianity generally increased the sanctity of human life1 it could add nothing to the horror with which parricide was regarded by the ancients4 ,the ,church punished it more severely than ordinary murder1#ac and so did1 at least in ,latin countries1 the secular authorities4#ad ,in ,france1 even to this day1 a person convicted of parricide is conduit sur le lieu de l'excution en chemise1 nu-pieds1 et la tte couverte d'un voile noir2#ae and whilst meurtre is excusable if provoked by grave personal violence or by an attempt to break into a dwelling-house by day1 parricide is never excusable under any circumstances4#af ,footnote #ac3 ,gregory ,,iii41 ,judicia congrua poenitentibus1 ch4 #c 7,labbe-,mansi1 ,conciliorum collectio1 xii4 #bhi74 ,poenitentiale ,bigotianum1 iv4 #a 7,wasserschleben1 ,bussordnungen der abendlndischen ,kirche1 p4 #dec74 ,poenitent4 ,pseudo-,theodori1 xxi4 #ah 7ibid4 p4 #ehh74 ,footnote #ad3 ,chauveau and ,hlie1 ,thorie du ,code ,pnal1 iii4 #cid 7,france74 ,salvioli1 ,manuale di storia del diritto italiano1 p4 #egj4 ,in ,scotland1 also1 parricide formerly had a place in the list of aggravated murders 7,hume1 ,commentaries on the ,law of ,scotland1 i4 #dei sq42 for a sentence passed in #afhh1 see ,pitcairn1 ,criminal ,trials in ,scotland1 iii4 #aih72 though nowadays it is penalised in the same way as other forms of murder 7,erskine1 ,principles of the ,law of ,scotland1 p4 #eei74 ,there never was any special punishment for parricide in ,english law 7,blackstone1 ,commentaries on the ,laws of ,england1 iv4 #bjb4 ,stephen1 ,history of the ,criminal ,law of ,england1 iii4 #ie74 ,footnote #ae3 ,code ,pnal1 art4 #ac4 ,footnote #af3 ,ibid4 art4 #cba sqq4 #chf ,as regards the feelings with which ordinary parricide is looked upon by uncivilised peoples1 direct information is almost entirely wanting4 ,it is rarely mentioned at all1 no doubt because it is very unusual4#ag ,among the ,kafirs of ,natal1 though murder is generally punished by a fine1 death is inflicted on him who kills a parent4#ah ,among the ,ossetes a parricide draws upon himself a fearful punishment3 he is shut up in his house with all his possessions1 surrounded by the populace and burned alive4#ai ,to judge from the respect which1 among the majority of uncivilised peoples1 children are considered to owe to their parents1 it seems very probable that the murder of a father or a mother is generally condemned by them as a particularly detestable form of homicide4 ,but to this rule there is an important exception4 ,according to a custom prevalent among various savages or barbarians1 a parent who is worn out with age or disease is abandoned or killed4 ,footnote #ag3 ,among the ,omahas there have been a few cases of parricide caused by drunkenness 7,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #cfi74 ,a ,chukchi killed his father for charging him with cowardice and awkwardness 7,sarytschew1 ',voyage of ,discovery1' in ,collection of ,modern and ,contemporary ,voyages1 vi4 #ea74 ,in ,lnda it is no uncommon thing for a son to murder his father in order to step into his shoes 7,emin ,pasha in ,central ,africa1 p4 #bcj74 ,see also ,wilson and ,felkin1 ,uganda1 i4 #bbd4 ,footnote #ah3 ,shooter1 ,kafirs of ,natal1 p4 #ajc4 ,footnote #ai3 von ,haxthausen1 ,transcaucasia1 p4 #dae4 ,hearne states that1 among the ,northern ,indians1 one half at least of the aged persons of both sexes1 when no longer capable of walking1 are left alone to starve and perish of want4#bj ,among the ,californian ,gallinomero1 when the father can no longer feebly creep to the forest to gather his back-load of fuel or a basket of acorns1 and is only a burden to his sons1 the poor old wretch is not infrequently thrown down on his back and securely held while a stick is placed across his throat1 and two of them seat themselves on the ends of it until he ceases to breathe4#ba ,the custom of killing or abandoning old parents has been noticed among several other ,north #chg ,american tribes1#bb the natives of ,brazil1#bc various ,south ,sea ,islanders1#bd a few ,australian tribes1#be and some peoples in ,africa#bf and ,asia4#bg ,according to ancient writers1 it occurred formerly among many ,asiatic#bh and ,european nations1 including the ,vedic people#bi and peoples of ,teutonic extraction4#cj ,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 folks1 although a stranger was employed to give the death wound4#ca ,and there is an old ,english tradition of the ,holy ,mawle1 which they fancy hung behind the church door1 which when the father was seaventie1 the sonne might fetch to knock his father in the head1 as effete and of no more use4#cb ,footnote #bj3 ,hearne1 ,journey to the ,northern ,ocean1 p4 #cdf4 ,footnote #ba3 ,powers1 ,tribes of ,california1 p4 #agh4 ,footnote #bb3 ,nansen1 ,first ,crossing of ,greenland1 ii4 #cca 7natives on the east coast of ,greenland74 ,seemann1 ,voyage of ,herald1 ii4 #ff 7,eastern ,eskimo74 ,catlin1 ,north ,american ,indians1 i4 #bag4 ,lafitau1 ,moeurs des sauvages ameriquains1 i4 #dhh sq4 ,domenech1 ,seven ,years' ,residence in the ,great ,deserts of ,north ,america1 ii4 #cbe 7north-western tribes74 ,lewis and ,clarke1 ,travels to the ,source of the ,missouri ,river1 p4 #ddb 7,dacotahs1 ,assiniboins1 the hunting tribes on the ,missouri74 ,footnote #bc3 von ,martius1 ,beitrge zur ,ethnographie ,amerika's1 i4 #abf1 #abg1 #cic4 von ,eschwege1 ,brasilien1 i4 #bca sq4 7,uerequens74 ,among the ,fuegians the practice in question seems to occur only accidentally 7,bridges1 in ,a ,voice for ,south ,america1 xiii4 #bjf74 ,footnote #bd3 ,codrington1 ,melanesians1 p4 #cdg4 ,romilly1 ,western ,pacific1 p4 #gj 7,solomon ,islanders74 ,brainne1 ,nouvelle-,caldonie1 p4 #bee4 ,turner1 ,samoa1 p4 #cce sq4 7,efatese74 ,seemann1 ,viti1 p4 #aib sq4 ,williams and ,calvert1 ,fiji1 pp4 #aaf1 #aeg sq4 ,angas1 ,polynesia1 p4 #cdb 7natives of ,kunaie74 ,footnote #be3 ,eyre1 ,central ,australia1 ii4 #chb4 ,dawson1 ,australian ,aborigines1 p4 #fb 7tribes in ,western ,victoria74 ,footnote #bf3 ,arnot1 ,garenganze1 p4 #gh n4 ,andersson1 ,lake ,ngami1 p4 #aig sq4 7,damaras74 ,kolben1 ,present ,stale of the ,cape of ,good ,hope1 i4 #cbb1 #ccd2 ,hahn1 ,the ,supreme ,being of the ,khoi-,khoi1 p4 #hf 7,hottentots74 ,lepsius1 ,letters from ,egypt1 p4 #bjb sq4 7,negro tribes to the south of ,kordofan74 ,post1 ,afrikanische ,jurisprudenz1 i4 #bih sq4 ,sartori1 ',die ,sitte der ,alten- und ,krankenttung1' in ,globus1 lxvii4 #ajh4 ,footnote #bg3 ,hooper1 ,ten ,months among the ,tents of the ,tuski1 p4 #ahh sq42 ,dall1 ,alaska1 p4 #chc sqq4 7,chukchi74 ,rockhill1 ,land of the ,lamas1 p4 #ha 7,kokonor ,tibetans74 ,footnote #bh3 ,herodotus1 i4 #baf 7,massagetae74 ,strabo1 xi4 #h4 #f 7,massagetae72 xi4 #aa4 #c 7,bactrians72 xi4 #aa4 #h 7,caspians74 ,footnote #bi3 ,zimmer1 ,altindisches ,leben1 p4 #cbh4 ,footnote #cj3 ,grimm1 ,deutsche ,rechtsalterthmer1 p4 #dhf sqq4 ,footnote #ca3 ,procopius1 ,de bello gothico1 ii4 #ad4 ,cf4 ,grimm1 ,kleinere ,schriften1 ii4 #bda4 ,footnote #cb3 ,thoms1 ,anecdotes and ,traditions1 p4 #hd4 ,however cruel this custom may appear to be1 something is certainly to be said in its favour4 ,it is particularly common among nomadic hunting tribes1 owing to the hardships of life and the inability of decrepit persons to keep up in the march4 ,mr4 ,morgan observes that1 whilst #chh among the roving tribes of the wilderness the old and helpless were frequently abandoned and1 in some cases1 hurried out of existence as an act of greater kindness than desertion1 this practice was unknown among the ,iroquois1 who resided in permanent villages1 which afforded a refuge for the aged4#cc ,with reference to certain tribes of ,western ,victoria1 ,mr4 ,dawson remarks that the old people are a burden to the tribe1 and1 should any sudden attack be made by an enemy1 the most liable to be captured1 in which case they would probably be tortured and put to a lingering death4#cd ,moreover1 in times when the food-supply is insufficient to support all the members of a community1 it is more reasonable that the old and useless should have to perish than the young and vigorous4 ,hahn was told that1 among the ,hottentots1 aged parents were sometimes abandoned by very poor people who had not food enough to support them4#ce ,and among peoples who have reached a certain degree of wealth and comfort1 the practice of killing the old folks1 though no longer justified by necessity1 may still go on1 partly through survival of a custom inherited from harder times1 partly from the humane intent of putting an end to lingering misery4#cf ,what appears to most of us as an atrocious practice may really be an act of kindness1 and is commonly approved of1 or even insisted upon1 by the old people themselves4 ,speaking of the ancient ,hottentot custom of famishing super-annuated parents in order to cause their death1 ,kolben remarks3--,if you represent to the ,hottentots1 as ,i have done very often1 the inhumanity of this custom1 they are astonished at the representation1 as proceeding1 in their opinion1 from an inhumanity of your own4 ,the custom1 in their way of thinking1 is supported by very pious and very filial considerations4 ',is it not a cruelty4' they ask you1 'to suffer either man or woman to languish any considerable #chi time under a heavy1 motionless old age8 ,can you see a parent or a relative shaking and freezing under a cold1 dreary1 heavy1 useless old age1 and not think1 in pity to them1 of putting an end to their misery by putting1 which is the only means1 an end to their days8'#cg ,when ,mr4 ,hooper1 hearing of an old ,chukchi woman who was stabbed by her son1 made some remarks on the frightful nature of the act1 his native companions answered him3--,why should not the old woman die8 ,aged and feeble1 weary of life1 and a burden to herself and others1 she no longer desired to cumber the earth1 and claimed of him who owned nearest relationship the friendly stroke which should let out her scanty remnant of existence4#ch ,catlin tells us that1 among the ,north ,american tribes who roamed about the prairies1 the infirm old people themselves uniformly insisted upon being left behind1 saying1 that they are old and of no further use--that they left their fathers in the same manner--that they wish to die1 and their children must not mourn for them4#ci ,in ,melanesia1 says ,dr4 ,codrington1 when sick and aged people were buried alive1 it is certain that there was generally a kindness intended2 they used themselves to beg their friends to put them out of their misery1 and it was even considered a disgrace to the family of an aged chief if he was not buried alive4#dj ,in ,fiji1 also1 it was regarded as a sign of filial affection to put an aged parent to death4 ,in his description of the ,fijians ,dr4 ,seemann observes1 ,in a country where food is abundant1 clothing scarcely required1 and property as a general rule in the possession of the whole family rather than that of its head1 children need not wait for 'dead men's shoes' in order to become well off1 and we may1 therefore1 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 #cij what we justly consider a crime4#da ,the ceremony is not without a touch of tragic grandeur3--,the son will kiss and weep over his aged father as he prepares him for the grave1 and will exchange loving farewells with him as he heaps the earth lightly over him4#db ,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 warriors1 and the wrongs and insults which await those who are no longer able to protect themselves2 but another1 and as it seems more potent1 motive was the belief that persons enter upon the delights of the future life with the same faculties1 mental and physical1 as they possess at the hour of death1 and that the spiritual life thus commences where the corporeal existence terminates4 ,with these views1 says ,dr4 ,hale1 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 enjoyment4#dc ,finally1 we have to observe that in many cases the old people are not only killed1 but eaten1 by the nearest relatives1 and that the motive1 or at least1 the sole motive1 for this procedure is not hunger or desire for human flesh4#dd ,it is described as an act of kindness or as a pious ceremony1 as a method of preventing the body from being eaten up by worms or injured by enemies4#de ,considering that many cannibals have an aversion to the bodies of men who have died a natural death1 it is not unreasonable to suppose that1 in some instances1 the old person is killed for the purpose of being eaten1 and that this is done with a view to benefiting him4#df ,but1 on the other hand1 the pious ceremony1 like so many other funeral customs which are supposed to comfort the dead1 may be the survival of a practice which was originally intended to promote the selfish interests of the living4 ,footnote #cc3 ,morgan1 ,league of the ,iroqnois1 p4 #aga4 ,footnote #cd3 ,dawson1 op4 cit4 p4 #fb4 ,footnote #ce3 ,hahn1 op4 cit4 p4 #hf4 ,footnote #cf3 ,tylor1 ',primitive ,society1' in ,contemporary ,review1 xxi4 #gje4 ,idem1 ,anthropology1 p4 #daj sq4 ,footnote #cg3 ,kolben1 op4 cit4 i4 #cbb4 ,footnote #ch3 ,hooper1 op4 cit4 p4 #ahh sq4 ,cf4 ,sarytschew1 loc4 cit4 vi4 #ej2 ,dall1 op4 cit4 p4 #che2 von ,wrangell1 ,expedition to the ,polar ,sea1 p4 #abb4 ,footnote #ci3 ,catlin1 ,north ,american ,indians1 i4 #bag4 ,footnote #dj3 ,codrington1 op4 cit4 p4 #cdg4 ,turner1 ,samoa1 p4 #cce sq4 7,efatese74 ,footnote #da3 ,seemann1 ,viti1 p4 #aic4 ,footnote #db3 ,fison and ,howitt1 ,kamilaroi and ,kurnai1 p4 #age4 ,footnote #dc3 ,hale1 op4 cit4 p4 #fe4 ,williams and ,calvert1 op4 cit4 p4 #aef4 ,see also ,erskine1 ,islands of the ,western ,pacific1 p4 #bdh4 ,footnote #dd3 ,for instances1 see ,steinmetz1 ,endokannibalismus1 passim4 ,footnote #de3 ,ibid4 pp4 #c1 #e1 #ag4 ,footnote #df3 ,cf4 ,herodotus' statement regarding the ,massagetae1 i4 #baf4 #cia ,closely connected with the custom of doing away with decrepit parents is the habit1 prevalent among certain peoples1 of abandoning or killing persons suffering from some illness4 ,the white man1 ,mr4 ,ward observes1 can never1 as long as he may live in ,africa1 conquer his repugnance to the callous indifference to suffering that he meets with everywhere in ,arab and ,negro4 ,the dying are left by the wayside to die4 ,the weak drop on the caravan road1 and the caravan passes on4#dg ,among the ,kafirs instances are not rare in which the dying are carried to the bush and left to perish1 and among some of them epileptics are cast over a precipice1 or tied to a tree to be devoured by hyenas4#dh ,the ,hottentots abandon patients suffering from small-pox4#di ,the southern ,tanla in ,madagascar take a person who becomes insensible during an illness1 to the spot in the forest where they throw their dead1 and should the unfortunate creature so cast away revive and return to the village1 they stone him outright to death4#ej ,in ,new ,caledonia il est rare qu'un malade rend naturellement le dernier soupir3 quand il n'a plus sa connaissance1 souvent mme avant son agonie1 on lui ferme la bouche et les narines pour l'touffer1 ou bien on le tiraille de tous cts par les jambes et par les bras4#ea ,in ,kandavu1 of the ,fiji ,group1 sick persons were often thrown into a cave1 where the dead also were deposited4#eb ,in ,efate1 if a person in sickness showed signs of delirium1 his grave was dug1 and he was buried forthwith1 to prevent the disease from spreading to other members of the family4#ec ,the ,alfura kill their sick when they have no hope of their recovery4#ed ,dobrizhoffer says of the ,patagonians1 ,actuated by an irrational kind of pity1 they bury the dying before they expire4#ee ,in cases of cholera or small-pox epidemics1 ,north ,american ,indians have been known to desert their villages1 leaving all their sick behind1 of whatever age or sex4#ef ,according to ,dr4 ,nansen1 it is not inconsistent with the moral code of the ,greenlanders to hasten the death of those #cib who are sick and in great suffering1 or of those in delirium1 of which they have a great horror4#eg ,lieutenant ,holm states that1 in ,eastern ,greenland1 when an individual is seriously ill1 he consents1 if his relatives request it1 to end his sufferings by throwing himself into the sea2 whereas it is rare that a sick person is put to death1 except in cases of disordered intellect4#eh ,at ,igloolik a sick woman is frequently built or blocked up in a snow-hut1 and not a soul goes near to look in and ascertain whether she be alive or dead4#ei ,footnote #dg3 ,ward1 ,five ,years with the ,congo ,cannibals1 p4 #bfb4 ,footnote #dh3 ,shooter1 ,kafirs of ,natal1 p4 #bch sq4 ,kidd1 ,the ,essential ,kafir1 p4 #bdg4 ,footnote #di3 ,le ,vaillant1 ,travels into the ,interior ,parts of ,africa1 ii4 #aab4 ,footnote #ej3 ,sibree1 ,the ,great ,african ,island1 p4 #bia4 ,footnote #ea3 ,brainne1 op4 cit4 p4 #bee4 ,footnote #eb3 ,williams and ,calvert1 op4 cit4 p4 #aei4 ,footnote #ec3 ,turner1 ,samoa1 p4 #ccf4 ,footnote #ed3 ,pfeiffer1 ,a ,lady's ,second ,journey round the ,world1 i4 #chg4 ,footnote #ee3 ,dobrizhoffer1 ,account of the ,abipones1 ii4 #bfb4 ,footnote #ef3 ,domenech1 op4 cit4 ii4 #cbf4 ,footnote #eg3 ,nansen1 ,eskimo ,life1 p4 #afc4 ,footnote #eh3 ',east ,greenland ,eskimo1' in ,science1 vii4 #agb4 ,footnote #ei3 ,lyon1 ,private ,journal1 p4 #ceg4 ,for other instances1 see ,sartori1 in ,globus1 lxvii4 nr4 #g sq42 von ,martius1 op4 cit4 i4 #abf1 #abg1 #cic 7,brazilian tribes72 ,steller1 ,beschreibung von dem ,lande ,kamtschatka1 p4 #ced2 ,dawson1 op4 cit4 p4 #fa1 quoted supra1 p4 #bga4 ,these and similar facts are largely explained by the pitiful condition of the invalid1 the hardships of a wandering life1 and the superstitious notions of ignorant men4 ,in some cases the practice of killing a dying person seems to be connected with a belief that the death-blow will save his soul4#fj ,in #ahab1 a leper was burnt alive at ,katwa1 near ,calcutta1 by his mother and sister1 who believed that by their doing so he would gain a pure body in the next birth4#fa ,by carrying the patient away before he dies1 the survivors escape the supposed danger of touching a corpse4#fb ,in the poorer provinces of the kingdom of ,kandy1 when a sick person was despaired of1 the fear of becoming defiled1 or of being obliged to change their habitation1 frequently induced those about him to take him into a wood1 in spite of his cries and groans1 and to leave him there1 perhaps in the agonies of death4#fc ,but the most common motive for abandoning or destroying sick people seems to be fear of infection or of demoniacal possession1 which is regarded as the cause of various diseases4#fd ,among the ,north ,american ,indians1 we are told1 the custom of abandoning the infirm or sick arose #cic from a superstitious fear of the evil spirits which were supposed to have taken possession of them4#fe ,in ,tahiti1 says ,ellis1 every disease was supposed to be the effect of direct supernatural agency1 and to be inflicted by the gods for some crime against the tabu1 of which the sufferers had been guilty1 or in consequence of some offering made by an enemy to procure their destruction4 ,hence1 it is probable1 in a great measure1 resulted their neglect and cruel treatment of their sick4#ff ,footnote #fj3 ,sartori1 loc4 cit4 p4 #abg4 ,footnote #fa3 ,crooke1 ,popular ,religion and ,folk-,lore of ,northern ,india1 ii4 #afi4 ,footnote #fb3 ,shooter1 op4 cit4 #bci 7,kafirs of ,natal74 ,kidd1 ,the ,essential ,kafir1 p4 #bdg4 ,footnote #fc3 ,joinville1 ',religion and ,manners of the ,people of ,ceylon1' in ,asiatick ,researches1 vii4 #dcg sq4 ,footnote #fd3 ,see ,sartori1 loc4 cit4 p4 #aaj sq42 ,lippert1 ,kulturgeschichte der ,menschheit1 i4 #aaj2 ii4 #daa4 ,footnote #fe3 ,dorman1 ,origin of ,primitive ,superstitions1 p4 #cib4 ,footnote #ff3 ,ellis1 ,polynesian ,researches1 i4 #cie4 99 99 99 99 99 ,whilst the regard which children owe their parents makes parricide an aggravated form of murder1 the paternal power sometimes implies that1 under certain circumstances1 the father is allowed to kill even his grown-up child4 ,though the ,chinese ,penal ,code provides a slight punishment for parents who punish disobedient children with death1#fg the crime is practically ignored by the authorities4#fh ,among the ,hebrews1 in early times1 a father might punish his incontinent daughter with death4#fi ,the ,roman house-father had jus vit necisque--the power of life and death--over his children4 ,however1 this power did not imply that he could kill them without a just cause2#gj already in pagan times a father who killed his son latronis magis quam patris jure1 was punished as a murderer4#ga ,as ,dean ,milman observes1 long before ,christianity entered into ,roman legislation1 the life of a child was as sacred as that of the parent2 and ,constantine1 when he branded the murder of a son with the #cid name of parricide1 hardly advanced upon the dominant feeling4#gb ,nor is there any reason to suppose that1 among savages1 the father possesses an absolute right of life and death over his children4 ,on the contrary1 among many of the lower races the existence of such a right is expressly denied4#gc ,footnote #fg3 ,ta ,tsing ,leu ,lee1 sec4 cccxix4 p4 #cdg3--;,if a father1 mother1 paternal grandfather or grandmother1 chastises a disobedient child or grandchild in a severe and uncustomary manner1 so that he or she dies1 the party so offending shall be punished with #ajj blows4--,when any of the aforesaid relations are guilty of killing such disobedient child or grandchild designedly1 the punishment shall be extended to #fj blows and one year's banishment4 ,footnote #fh3 ,douglas1 ,society in ,china1 p4 #gh sq4 ,footnote #fi3 ,genesis1 xxxviii4 #bd4 ,footnote #gj3 ,mittermaier1 ',beytrge zur ,lehre vom ,verbrechen des ,kindesmordes1' in ,neues ,archiv des ,criminalrechts1 vii4 #d4 ,walter1 ,geschichte des ,rmischen ,rechts1 #ecg1 vol4 ii4 #adg4 von ,jhering1 ,geist des rmischen ,rechts1 ii4 #bbj4 ,mommsen1 ,rmisches ,strafrecht1 p4 #fai4 ,footnote #ga3 ,digesta1 xlviii4 #i4 #e4 ,orosius1 ,histori1 v4 #af4 ,mommsen1 ,rmisches ,strafrecht1 p4 #fah4 ,footnote #gb3 ,milman1 ,history of ,latin ,christianity1 ii4 #be4 ,footnote #gc3 ,lang1 in ,steinmetz1 ,rechtsverhltnisse von eingeborenen ,vlkern in ,afrika und ,ozeanien1 p4 #bbd 7,washambala74 ,desoignies1 ibid4 p4 #bga 7,msalala74 ,marx1 ibid4 p4 #cdi 7,amahlubi74 ,kohler1 ',recht der ,hottentotten1' in ,zeitschr4 f4 vergl4 ,rechtswiss4 xv4 #cdg4 ,post1 ,afrikanische ,jurisprudenz1 i4 #eb sq4 ,but whilst a father only in rare cases1 and then merely as a measure of justice1 is allowed to put to death his grown-up child1 he very frequently has the right of destroying a new-born infant4 ,nay1 in many instances infanticide is not only permitted1 but enjoined by custom4 ,among a great number of uncivilised peoples it is usual to kill an infant if it is a bastard1#gd or if its mother dies1#ge or if it is deformed or diseased1#gf or if there is anything unusual or uncanny about it1 or if it for some reason or other is regarded as an unlucky child4 ,in some parts of #cie ,africa1 for instance1 a child who is born with teeth1#gg or who cuts the upper front teeth before the under1#gh or whose teeth present some other kind of irregularity1#gi is put to death4 ,among the natives of the ,bondei country a child who is born head first is considered an unlucky child1 and is strangled in consequence4#hj ,the ,kamchadales used to destroy children who were born in very stormy weather2#ha and in ,madagascar infants born in ,march or ,april1 or in the last week of a month1 or on a ,wednesday or a ,friday1 were exposed or drowned or buried alive4#hb ,among various savages it is the custom that1 if a woman gives birth to twins1 one or both of them are destroyed4#hc ,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#hd--sometimes as an evil portent or as the result of the wrath of a fetish4#he ,miss ,kingsley observes1 ,there is always the sense of there being something uncanny regarding twins in ,west ,africa1 and in those tribes where they are not killed they are regarded #cif as requiring great care to prevent them from dying on their own account4#hf ,the ,kafirs believe that unless the father places a lump of earth in the mouth of one of the babies he will lose his strength4#hg ,footnote #gd3 ,turner1 ,samoa1 p4 #cjd 7,savage ,islanders74 ,elton1 in ,jour4 ,anthr4 ,inst4 xvii4 #ic 7some ,solomon ,islanders74 ,munzinger1 ,ostafrikanische ,studien1 p4 #ade 7,beduan74 ,dyveyrier1 ,exploration du ,sahara1 p4 #dbh 7,touareg74 ,burton1 ,sindh1 p4 #bdd 7,belochis74 ,haberland1 ',der ,kindermord als ,volkssitte1' in ,globus1 xxxvii4 #eh4 ,the natives of ,australia often kill half-caste children 7,roth1 ,ethnological ,studies among the ,north-,west-,central ,queensland ,aborigines1 p4 #ahd4 ,curr1 ,recollections of ,squatting in ,victoria1 p4 #beb4 ,haberland1 loc4 cit4 p4 #eh74 ,footnote #ge3 ,collins1 ,english ,colony in ,new ,south ,wales1 i4 #fjg sq4 7aborigines of ,port ,jackson74 ,dale1 ',natives inhabiting the ,bondei ,country1' in ,jour4 ,anthr4 ,inst4 xxv4 #ahb4 ,comte de ,cardi1 ',ju-,ju ,laws and ,customs in the ,niger ,delta1' ibid4 xxix4 #eh4 ,nansen1 ,first ,crossing of ,greenland1 ii4 #ccj2 ,holm1 ',ethnologisk ,skizze af ,angmagsalikerne1' in ,meddelelser om ,grnland1 x4 #ia 7,greenlanders74 ,haberland1 loc4 cit4 p4 #bh sq4 ,ploss1 ,das ,kind1 ii4 #beb1 #bed1 #beh sq4 ,chamberlain1 ,child and ,childhood in ,folk-,thought1 p4 #aaj sq4 ,footnote #gf3 ,dawson1 op4 cit4 p4 #ci 7tribes of ,western ,victoria74 ,kicherer1 quoted by ,moffat1 ,missionary ,labours and ,scenes in ,southern ,africa1 p4 #ae 7,bushmans74 ,shooter1 ,kafirs of ,natal1 p4 #hi4 ,chapman1 ,travels in the ,interior of ,south ,africa1 ii4 #bhe 7,banamjua74 ,reade1 ,savage ,africa1 p4 #bdd 7,equatorial ,africans74 ,new1 ,life1 ,wanderings1 and ,labours in ,eastern ,africa1 p4 #aah2 ,krapf1 ,travels1 p4 #aic sq4 7,wanika74 ,georgi1 ,russia1 iii4 #acd 7,kamchadales74 ,sarytschew1 loc4 cit4 vi4 #ej2 von ,wrangell1 op4 cit4 p4 #abb 7,chukchi74 ,simpson1 quoted by ,murdoch1 ',point ,barrow ,expedition1' in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #dag 7,eskimo74 ,powers1 ,tribes of ,california1 p4 #chb 7,yokuts74 ,guinnard1 ,three ,years' ,slavery among the ,patagonians1 p4 #add4 ,haberland1 loc4 cit4 p4 #eh sq4 ,ploss1 ,das ,kind1 ii4 #beb1 #bed1 #bee1 #beh4 ,footnote #gg3 ,ploss1 ,das ,kind1 ii4 #beg1 #bei4 ,footnote #gh3 ,livingstone1 ,missionary ,travels1 p4 #egg4 ,kingsley1 ,travels in ,west ,africa1 p4 #dgb4 ,allen and ,thomson1 ,expedition to the ,river ,niger1 i4 #bdc sq4 ,mockler-,ferryman1 ,british ,nigeria1 p4 #bhf 7,ibos74 ,footnote #gi3 ,baumann1 ,usambara1 pp4 #aca 7,wabondei71 #bcg 7,wapare74 ,footnote #hj3 ,dale1 in ,jour4 ,anthr4 ,inst4 xxv4 #ahc4 ,footnote #ha3 ,krasheninnikoff1 ,history of ,kamschatka1 p4 #bag4 ,footnote #hb3 ,ploss1 ,das ,kind1 ii4 #beg4 ,cf4 ,little1 ,madagascar1 p4 #fj4 ,footnote #hc3 ,dawson1 op4 cit4 p4 #ci 7tribes of ,western ,victoria74 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #eb4 ,idem1 ,northern ,tribes of ,central ,australia1 p4 #fji4 ,romilly1 ,western ,pacific1 p4 #gj 7,solomon ,islanders74 ,kolben1 op4 cit4 i4 #add 7,hottentots74 ,shooter1 op4 cit4 p4 #hh 7,kafirs of ,natal74 ,livingstone1 ,missionary ,travels1 p4 #egg4 ,decle1 ,three ,years in ,savage ,africa1 p4 #afj 7,matabele74 ,chapman1 op4 cit4 ii4 #bhe 7,banamjua74 ,baumann1 ,usambara1 p4 #aca 7,wabondei74 ,new1 op4 cit4 pp4 #aah 7,wanika1 formerly71 #deh 7,wadshagga74 ,burton1 ,two ,trips to ,gorilla ,land1 i4 #hd4 ,kingsley1 ,travels in ,west ,africa1 p4 #dgb sqq4 ,schoen and ,crowther1 ,journals1 p4 #di 7,ibos on the ,niger74 ,comte de ,cardi1 in ,jour4 ,anthr4 ,inst4 xxix4 #eg sq4 7,negroes of the ,niger ,delta74 ,nyendael1 quoted by ,ling ,roth1 ,great ,benin1 p4 #ce 7people of ,arebo74 ,ploss1 ,das ,kind1 ii4 #bfg sq4 7,african peoples71 #bgd 7some ,south ,american ,indians74 ,schneider1 ,die ,naturvlker1 i4 #cje sq4 7some ,south ,american ,indians74 ,krasheninnikoff1 op4 cit4 p4 #bag 7,kamchadales74 ,footnote #hd3 ,waitz1 ,anthropologie der ,naturvlker1 iii4 #cid1 #dhj 7,south ,american ,indians74 ,dapper says 7,africa1 p4 #dgc7 that no twins are ever found in the country of ,benin1 because the people considered it a great dishonour to give birth to twins4 ,footnote #he3 ,allen and ,thomson1 op4 cit4 i4 #bdc4 ,baumann1 ,usambara1 p4 #aca 7,wabondei74 ,footnote #hf3 ,kingsley1 ,travels in ,west ,africa1 p4 #dgc1 ,according to ,nyendael1 twin-births are1 on the contrary1 esteemed good omens in most parts of the ,benin territory 7,ling ,roth1 ,great ,benin1 p4 #ce74 ,footnote #hg3 ,kidd1 ,the ,essential ,kafir1 p4 #bjb4 ,in the instances just referred to1 the infant is killed either because1 after the death of its mother1 there is nobody to nurse it1 or on account of the fault of its parents1 especially the mother1 or because it is held desirable that the sickly or defective should die at once1 or out of superstitious fear4 ,however1 among many of the lower races1 infanticide is not restricted to similar more or less exceptional cases1 but is practised on a much larger scale4 ,custom often decides how many children are to be reared in each family1 and not infrequently the majority of infants are destroyed4 ,infanticide is common among various tribes in ,north and ,south ,america4#hh ,dobrizhoffer says that it was a rare exception among the ,abipones to find a woman who had brought up two or three sons1 whilst some mothers killed all the children they bore1 no one either preventing or avenging these murders4#hi ,according to ,azara1 the ,guanas buried alive the majority of their female infants1 and the ,mbayas suffered only one boy or one girl in a family to live2#ij but the correctness of his statements has been questioned4#ia ,on the other hand there can be no doubt as to the extreme prevalence of infanticide in the islands of the ,south ,seas4 ,in some of the principal groups of ,polynesia it was practised publicly and systematically1 without compunction1 to an extent almost incredible4 ,during the whole period of his residence in the ,society ,islands1 ,ellis does #cig not recollect having met with a single pagan woman who had not imbrued her hands in the blood of her offspring1 and he thinks that there1 as also in the ,sandwich ,islands1 two-thirds of the children were destroyed by their parents4#ib ,no sense of irresolution or horror1 he says1 appeared to exist in the bosoms of those parents who deliberately resolved on the deed before the child was born4 ,they often visited the dwellings of the foreigners1 and spoke with perfect complacency of their cruel purpose2 and when the missionaries tried to dissuade them from executing their intention1 the only answer generally received was that it was the custom of the country4#ic ,the ,line ,islanders allowed only four children of a family to get the chance of life2 the mother had a right to rear one child1 whereas it rested with the husband to decide whether any more should live4#id ,in ,radack every mother was permitted to bring up three children1 but the fourth and every succeeding one she was obliged to bury alive herself1 unless she was the wife of a chief4#ie ,in ,vaitupu1 of the ,ellice ,archipelago1 also1 infanticide was ordered by law1 and only two children were allowed to a family4#if ,in ,new ,zealand and the ,marquesas infanticide1 though not so general1 was yet of frequent occurrence and not regarded as a crime4#ig ,in most of the ,melanesian groups it was very common4#ih ,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 born1 and to buy other children from foreign tribes1 good care being taken not to buy them too young4#ii ,the practice of infanticide occurred at least occasionally in ,tasmania1#ajj and1 as it seems1 almost universally in ,australia4 ,mr4 ,curr supposes that the ,australian woman1 as a rule1 reared only two boys and one girl1 the rest of her children being destroyed4#aja ,in the laws known to her1 says ,mr4 ,brough ,smyth1 infanticide is a necessary practice1 and one which1 if disregarded1 would1 under certain circumstances1 be disapproved #cih of2 and the disapproval would be marked by punishment4#ajb ,mr4 ,taplin was assured that1 among the ,narrinyeri1 more than one-half of the children born fell victims to this custom2#ajc and in the ,dieyerie tribe hardly an old woman1 if questioned1 but will admit of having destroyed from two to four of her offspring4#ajd ,footnote #hh3 ,bessels1 quoted by ,murdoch1 ',point ,barrow ,expedition1' in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #dag 7,eskimo of ,smith ,sound74 ,nelson1 ',eskimo about ,bering ,strait1' ibid4 xviii4 #bhi4 ,gibbs1 ',tribes of ,western ,washington and ,northwestern ,oregon1' in ,contributions to ,north ,american ,ethnology1 i4 #aih4 ,powers1 op4 cit4 pp4 #agg1 #ahd 7,californian tribes74 ,yarrow1 in ,ann4 ,rep4 ,bur4 ,ethn4 i4 #ii 7,pimas of ,arizona71 ,hawtrey1 in ,jour4 ,anthr4 ,inst4 xxxi4 #bie 7,lengua ,indians of the ,paraguayan ,chaco74 ,footnote #hi3 ,dobrizhoffer1 op4 cit4 ii4 #ih4 ,for another account of the infanticides of the ,abipones1 see infra1 p4 #djj4 ,footnote #ij3 ,azara1 ,voyages dans l',amrique mridionale1 ii4 #ic1 #aae4 ,footnote #ia3 ,wied-,neuwied1 ,reise nach ,brasilien1 ii4 #ci4 ,footnote #ib3 ,ellis1 ,polynesian ,researches1 i4 #beb4 ,idem1 ,tour through ,hawaii1 p4 #cbe4 ,footnote #ic3 ,idem1 ,polynesian ,researches1 i4 #bej4 ,footnote #id3 ,tutuila1 ',line ,islanders1' in ,jour4 ,polynesian ,society1 i4 #bfg4 ,footnote #ie3 von ,kotzebue1 ,voyage of ,discovery1 iii4 #agc4 ,footnote #if3 ,turner1 ,samoa1 p4 #bhd4 ,footnote #ig3 ,hale1 ,u4,s4 ,exploring ,expedition4 ,vol4 ,,vi4 ,ethnography and ,philology1 p4 #ae4 ,footnote #ih3 ,codrington1 ,melanesians1 p4 #bbi4 ,turner1 ,samoa1 p4 #ccc 7,efatese74 ,gill1 ,life in the ,southern ,isles1 p4 #bac 7islands of ,torres ,straits74 ,atkinson1 in ,folk-,lore1 xiv4 #bdh 7,new ,caledonians74 ,footnote #ii3 ,romilly1 ,western ,pacific1 p4 #fh sq4 ,cf4 ,guppy1 ,solomon ,islands1 p4 #db4 ,footnote #ajj3 ,ling ,roth1 ,aborigines of ,tasmania1 p4 #afg sq4 ,bonwick1 ,daily ,life and ,origin of the ,tasmanians1 p4 #he4 ,brough ,smyth1 ,aborigines of ,victoria1 ii4 #chf4 ,footnote #aja3 ,curr1 ,the ,australian ,race1 i4 #gj4 ,footnote #ajb3 ,brough ,smyth1 op4 cit4 i4 p4 xxi4 ,cf4 ,oberlnder1 ',die ,eingeborenen der ,kolonie ,victoria1' in ,globus1 iv4 #bgi4 ,footnote #ajc3 ,taplin1 ',narrinyeri1' in ,woods1 ,native ,tribes of ,south ,australia1 p4 #ac4 ,footnote #ajd3 ,gason1 ',manners and ,customs of the ,dieyerie ,tribe1' ibid4 p4 #bei4 ,among the ,todas of ,india1 up to the period of ,mr4 ,sullivan's visit to their hills1 about the year #ahbj1 only one female child was allowed to live in each family4#aje ,with reference to the ,kandhs1 or ,khonds1 ,macpherson observes1 ,the practice of female infanticide is1 ,i believe1 not wholly unknown amongst any portion of the ,khond people1 while it exists in some of the tribes of the sect of ,boora to such an extent1 that no female infant is spared1 except when a woman's first child is a female1 and that villages containing a hundred houses may be seen without a female child4#ajf ,footnote #aje3 ,metz1 ,tribes inhabiting the ,neilgherry ,hills1 p4 #af4 ,footnote #ajf3 ,macpherson1 ,memorials of ,service in ,india1 p4 #acb4 ,it is said that among the ,guanches of the ,canary ,islands1 in ancient times1 all children1 except the first-born1 were killed4#ajg ,the people of ,madagascar frequently practised infanticide2 but ,ellis says that they were much less addicted to it than the ,south ,sea ,islanders1 a numerous offspring being generally a source of much satisfaction4#ajh ,according to ,kolben1 infanticide was common among the ,hottentots2#aji whereas ,sparrman only states that the ,hottentots are accustomed to inter1 in case of the mother's death1 children at the breast alive1#aaj and ,le ,vaillant altogether denies the existence of customary infanticide among them4#aaa ,among the ,swahili1 according to ,baumann1 infanticides are very common and hardly disapproved of4#aab ,but the peoples of the ,african continent are not generally addicted to infanticide1 except in such special cases as have already come under our notice4 ,footnote #ajg3 ,ploss1 ,das ,kind1 ii4 #bei sq4 ,footnote #ajh3 ,little1 ,madagascar1 p4 #fj4 ,ellis1 ,history of ,madagascar1 i4 #aee1 #afj4 ,footnote #aji3 ,kolben1 op4 cit4 i4 #ccc4 ,footnote #aaj3 ,sparrman1 ,voyage to the ,cape of ,good ,hope1 i4 #ceh sq4 ,footnote #aaa3 ,le ,vaillant1 op4 cit4 ii4 #eh sqq4 ,footnote #aab3 ,baumann1 ,usambara1 p4 #db4 ,the custom of infanticide1 in its extensive form1 has been attributed to various motives4 ,among some peoples mothers are said to kill their new-born infants on account #cii of the trouble of rearing them1#aac or the consequent loss of beauty4#aad ,another cause is the long suckling time1 generally lasting1 among savages1 for two1 three1 four years1 or even more1 owing to want of soft food and animal milk4#aae ,when1 as is very commonly the case1 the husband must not cohabit with his wife during the whole of this period1#aaf he is naturally inclined to form other connections1 and this seems in some instances to induce the mother to destroy her child4#aag ,in another respect1 also1 the long suckling-time is an inducement to infanticide2 among certain ,australian tribes an infant is killed immediately on birth when the mother is1 or thinks she is1 unable to rear it owing to there being a young child whom she is still feeding4#aah ,among the ,pimas of ,arizona1 again1 infanticide is said to be connected with the custom of destroying all the property of the husband when he dies4 ,the women of the tribe1 well aware that they will be poor should their husbands die1 and that then they will have to provide for their children by their own exertions1 do not care to have many children1 and infanticide1 both before and after birth1 prevails to a great extent4 ,this is not considered a crime4#aai ,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 life4 ,the helpless infant may be a great burden to the parents both in times of peace and in times of war4 ,it may prevent the mother from following her husband about on his wanderings in search of food1 or otherwise encumber her in her work4#abj ,mr4 ,curr states of the ,bangerang tribe of ,victoria1 with whom he was intimate for ten years1 that their habit of killing nearly half #djj of the children born resulted principally from the difficulty1 if not the impossibility1 of transporting several children of tender age from place to place on their frequent marches4#aba ,concerning the ,abipones1 ,charlevoix observes3--,they seldom rear but one child of each sex1 murdering the rest as fast as they come into the world1 till the eldest are strong enough to walk alone4 ,they think to justify this cruelty by saying that1 as they are almost constantly travelling from one place to another1 it is impossible for them to take care of more infants than two at a time2 one to be carried by the father1 and the other by the mother4#abb ,among the ,lenguas of the ,paraguayan ,chaco an interval of seven or eight years is always observable between children of the same family1 infants born in this interval being immediately killed4 ,the reasons for this practice1 says ,mr4 ,hawtrey1 are obvious4 ,the woman has the hard work of carrying food from garden and field1 and all the transport to do2 the ,lenguas are a nomadic race1 and their frequent moves often entail journeys of from ten to twenty miles a day4 4 4 4 ,travelling with natives under these circumstances1 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 for4#abc ,moreover1 a little forethought tells the parents that their child before long will become a consumer of provisions perhaps already too scanty for the family4 ,savages often suffer greatly from want of food1 and may have to choose between destroying their offspring or famishing themselves4 ,hence they often have recourse to infanticide as a means of saving their lives2 indeed1 among several tribes1 in case of famine1 children are not only killed1 but eaten4#abd ,urgent want is frequently represented by our authorities as the main cause of infanticide2#abe and #dja 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 resources4 ,footnote #aac3 ,ellis1 ,polynesian ,researches1 i4 #bef 7,tahitians74 ,idem1 ,tour through ,hawaii1 p4 #cbg4 ,polack1 ,manners and ,customs of the ,new ,zealanders1 ii4 #ib4 ,gason1 loc4 cit4 p4 #beh 7,dieyerie tribe74 ,footnote #aad3 ,williams1 ,missionary ,enterprises1 p4 #efe 7,tahitians74 ,footnote #aae3 ,see ,westermarck1 ,history of ,human ,marriage1 p4 #dhd4 ,footnote #aaf3 ,ibid4 p4 #dhc4 ,footnote #aag3 ,schneider1 ,die ,naturvlker1 i4 #big1 #cjg4 ,footnote #aah3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 pp4 #ea1 #bfd4 ,idem1 ,northern ,tribes of ,central ,australia1 p4 #fjh4 ,oberlnder1 loc4 cit4 p4 #bgi4 ,footnote #aai3 ,yarrow1 loc4 cit4 p4 #ii4 ,footnote #abj3 ,turner1 ,nineteen ,years in ,polynesia1 p4 #cid 7people of ,vat1 ,new ,hebrides74 ,polack1 op4 cit4 ii4 #ic 7,maoris74 ,footnote #aba3 ,curr1 ,squatting in ,victoria1 p4 #beb4 ,oberlnder1 loc4 cit4 p4 #bgi4 ,cf4 ,fison and ,howitt1 ,kamilaroi and ,kurnai1 p4 #bei2 ,fraser1 ,aborigines of ,new ,south ,wales1 p4 #e4 ,footnote #abb3 ,charlevoix1 ,history of ,paraguay1 i4 #dje4 ,footnote #abc3 ,hawtrey1 in ,jour4 ,anthr4 ,inst4 xxxi4 #bie4 ,footnote #abd3 ,see ,steinmetz1 ,endokannibalismus1 pp4 #h1 #ac1 #ad1 #ag4 ,footnote #abe3 ,nansen1 ,first ,crossing of ,greenland1 ii4 #ccj4 ,nelson1 in ,ann4 ,rep4 ,bur4 ,ethn4 xviii4 #bhi 7,eskimo about ,behring ,strait74 ,brough ,smyth1 op4 cit4 i4 #ec2 ii4 #chf 7aboriginal tribes of ,australia and ,tasmania71 von ,kotzebue1 op4 cit4 iii4 #agc 7natives of ,radack74 ,tutuila1 in4 ,jour4 ,polynesian ,soc4 i4 #bfc 7,line ,islanders74 ,campbell1 ,wild ,tribes of ,khondistan1 p4 #adj 7,kandbs of ,sooradah74 ,marshall1 ,a ,phrenologist amongst the ,todas1 p4 #aid4 ,kolben1 op4 cit4 i4 #add 7,hottentots74 ,see also ,haberland1 loc4 cit4 p4 #bf2 ,dimitroff1 ,die ,geringschtzung des menschlichen ,lebens und ihre ,ursachen bei den ,naturvlkern1 p4 #afb sqq42 ,sutherland1 ,origin and ,growth of the ,moral ,instinct1 i4 #aae sqq4 ,in the chapter dealing with human sacrifice we shall notice that infanticide is in some cases practised as a sacrificial rite4 ,in other cases infants are killed for medicinal purposes1 without being sacrificed to any divine being4#abf ,thus in the ,luritcha tribe1 in ,central ,australia1 it is not an infrequent custom1 when a child is in weak health1 to kill a younger and healthy one and then to feed the weakling on its flesh1 the idea being that this will give to the weak child the strength of the stronger one4#abg ,a curious motive for female infanticide is also worth mentioning4 ,that the victims of this practice are most commonly1 among several peoples almost exclusively1 females1#abh is generally due to the greater usefulness of the men both as food-providers and in war4 ,but the ,hakka1 a ,mongolian tribe in ,china1 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 boy4#abi ,footnote #abf3 ,see infra1 p4 #deh sq4 ,footnote #abg3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #dge4 ,cf4 ibid4 p4 #eb4 ,footnote #abh3 ,cf4 ,haberland1 loc4 cit4 p4 #ef sqq4 ,footnote #abi3 ,hubrig1 quoted by ,ploss1 ,das ,kind1 ii4 #bfc4 ,thus various considerations have led men to destroy their own offspring4 ,under certain circumstances the advantages1 real or imaginary1 assumed to result from the deed have been sufficiently great to silence the voice of parental love1 which1 as will be seen1 is to be found even in the bosom of a savage father4 ,the resistance offered by this instinct would be so much the less as the child is killed immediately after its birth1 at a period of its life #djb when the father's affection for it is as yet only dawning ,even where1 at first1 infanticide was an exception1 practised by a few members of the tribe1 any interference from the side of the community may have been prevented by the notion that a person possesses proprietary rights over his offspring2 and1 once become habitual1 infanticide easily grew into a regular custom4 ,in cases where it was found useful to the tribe1 it would be enforced as a public duty2 and even where there no longer was any need for it1 owing to changed conditions of life1 the force of habit might still keep the old custom alive4 ,though infanticide is thus regarded as allowable1 or even obligatory1 among many of the lower races1 we must not suppose that they universally look upon it in this light4 ,mr4 ,mc,lennan grossly exaggerated its prevalence when he asserted that female infanticide is common among savages everywhere4#acj ,among a great number of them it is said to be unheard of or almost so1#aca and to these belong peoples of so low a type as the ,andaman ,islanders1#acb the ,botocudos1#acc and certain ,californian tribes4#acd ,the ,veddahs of ,ceylon have never been known to practise it4#ace ,among the ,yahgans of ,tierra del ,fuego1 ,mr4 ,bridges informs me1 it occurred only occasionally1 and then it was almost always the deed of the mother1 who acted from jealousy1 or hatred of her husband1 or because of desertion and wretchedness4#acf ,mr4 ,fison1 who has lived for a long time among uncivilised races1 thinks it will be found that infanticide is far less common among the lower savages than it is among the more advanced tribes4#acg ,considering #djc further that the custom of infanticide1 being opposed to the instinct of parental love1 presupposes a certain amount of reasoning or forethought1 it seems probable that1 where it occurs1 it is not a survival of earliest savagery1 but has grown up under specific conditions in later stages of development4#ach ,it is1 for instance1 very generally asserted that certain ,indians in ,california never committed infanticide before the arrival of the whites2#aci 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 afterwards4#adj ,footnote #acj3 ,mc,lennan1 ,studies in ,ancient ,history1 p4 #ge4 ,footnote #aca3 ,see ,westermarck1 ,history of ,human ,marriage1 p4 #cab sq42 and1 besides the authorities there referred to1 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #cfi2 ,kirke1 ,twenty-five ,years in ,british ,guiana1 p4 #afj2 ,chalmers1 ,pioneering in ,new ,guinea1 p4 #afc2 ,hodgson1 ,miscellaneous ,essays1 p4 #abc 7,bdo and ,dhimls72 ,baumann1 ,durch ,massailand zur ,nilquelle1 p4 #afa 7,masai74 ,footnote #acb3 ,man1 in ,jour4 ,anthr4 ,inst4 xii4 #cbi4 ,footnote #acc3 ,wied-,neuwied1 op4 cit4 ii4 #ci4 ,keane1 in ,jour4 ,anthr4 ,inst4 xiii4 #bjf4 ,footnote #acd3 ,powers1 op4 cit4 pp4 #aib1 #bga1 #chb4 ,footnote #ace3 ,sarasin1 ,ergebnisse naturwissenschaftlicher ,forschungen auf ,ceylon1 iii4 #dfi1 #eci4 ,footnote #acf3 ,bridges1 in a letter dated ,downeast1 ,tierra del ,fuego1 ,august #bhth1 #ahhh4 ,footnote #acg3 ,fison and ,howitt1 ,kamilaroi and ,kurnai1 p4 #acd sqq4 ,cf4 ,farrer1 ,primitive ,manners and ,customs1 p4 #bbd2 ,sutherland1 op4 cit4 i4 #aad sq4 ,footnote #ach3 ,cf4 ,darwin1 ,descent of ,man1 p4 #eid4 ,footnote #aci3 ,powers1 op4 cit4 p4 #bjg4 ,cf4 ibid4 p4 #ahc4 ,footnote #adj3 ,ellis1 ,polynesian ,researches1 i4 #bdi4 ,where infanticide is not sanctioned by custom1 the occasional commission of it has a tendency to call forth disapproval or excite horror4 ,the ,blackfeet are said to believe that women who have been guilty of this crime will never reach the happy mountain after death1 but are compelled to hover round the seats of their crimes1 with branches of trees tied to their legs4#ada ,speaking of another ,north ,american tribe1 the ,potawatomis1 ,keating observes3--,in a few instances1 it is said that children born deformed have been destroyed by their mothers1 but these instances are rare1 and whenever discovered1 uniformly bring them into disrepute1 and are not unfrequently punished by some of the near relations4 ,independently of these cases1 which are but rare1 a few instances of infanticide1 by single women1 in order to conceal intrigue1 have been heard of2 but they are always treated with abhorrence4#adb ,among the ,omahas parents had no right to put their children to death4#adc ,the ,aleuts believed that a child-murder would bring misfortune on the whole village4#add ,the ,brazilian ,macusis#ade and ,botocudos#adf look upon the deed with horror4 ,at ,ulea1 #djd of the ,caroline ,islands1 the prince would have the unnatural mother punished with death4#adg ,so1 too1 ,herr ,valdau tells us of a ,bakundu woman who1 accused of infanticide1 was condemned to death4#adh ,in ,ashanti a man is punished for the murder of his child4#adi ,among the ,gaika tribe1 of the ,kafirs1 the killing of a child after birth is punishable as murder1 the fine going to the chief4#aej ,nay1 even peoples among whom infanticide is habitual seem now and then to have a feeling that the act is not quite correct4 ,mr4 ,brough ,smyth asserts that the ,australian ,black is himself ashamed of it2#aea and ,mr4 ,curr has no doubt that he feels1 in the commencement of his career at least1 that infanticide is wrong1 as also that its committal brings remorse4#aeb ,footnote #ada3 ,richardson1 in ,franklin1 ,journey to the ,shores of the ,polar ,sea1 p4 #gg4 ,footnote #adb3 ,keating1 op4 cit4 i4 #ii4 ,footnote #adc3 ,dorsey1 in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #bfh4 ,footnote #add3 ,dall1 op4 cit4 p4 #cii4 ,footnote #ade3 ,waitz1 op4 cit4 iii4 #cia4 ,footnote #adf3 ,wied-,neuwied1 op4 cit4 ii4 #ci4 ,footnote #adg3 von ,kotzebue1 op4 cit4 iii4 #baa4 ,footnote #adh3 ,valdau1 in ,ymer1 v4 #bhj4 ,footnote #adi3 ,bowdich1 ,mission from ,cape ,coast ,castle to ,ashantee1 p4 #beh4 ,footnote #aej3 ,maclean1 ,compendium of ,kafir ,laws and ,customs1 p4 #aaa4 ,footnote #aea3 ,brough ,smyth1 op4 cit4 i4 #ed4 ,footnote #aeb3 ,curr1 ,the ,australian ,race1 i4 #ajj4 ,the custom of infanticide in most cases requires that the child should be killed immediately or soon after its birth4 ,among certain ,north ,american ,indians the right of destroying a child lasted only till it was a month old1 after which time the feeling of the tribe was against its death4#aec ,ellis says of the ,society ,islanders3--,the horrid act1 if not committed at the time the infant entered the world1 was not perpetrated at any subsequent period 4 4 4 4 ,if the little stranger was1 from irresolution1 the mingled emotions that struggled for mastery in its mother's bosom1 or any other cause1 suffered to live ten minutes or half an hour1 it was safe2 instead of a monster's grasp1 it received a mother's caress and a mother's smile1 and was afterwards nursed with solicitude and tenderness4#aed ,almost the same is said of other ,south ,sea ,islanders#aee and of tribes inhabiting the ,australian continent4#aef ,that the custom of infanticide is generally #dje 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 practice4#aeg ,in ,fiji such children as are allowed to live are treated with a foolish fondness4#aeh ,among the ,narrinyeri1 only let it be determined that an infant's life shall be saved1 and there are no bounds to the fondness and indulgence with which it is treated2#aei 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 ,europe4#afj ,among the ,indians of the ,pampas and other ,indians of that neighbourhood1 who abandon deformed or sickly-looking children to the wild dogs and birds of prey1 an infant becomes1 from the moment it is considered worthy to live1 the object of the whole love of its parents1 who1 if necessary1 will submit themselves to the greatest privations to satisfy its least wants or exactions4#afa ,in ,madagascar1 according to ,ellis1 nothing can exceed the affection with which the infant is treated by its parents and other members of the family2 the indulgence is more frequently carried to excess than otherwise4#afb ,from these and similar facts1 as also from the general absence of statements to the contrary1 ,i conclude that murders of children who have been allowed to survive their earliest infancy are very rare1 though not quite unknown1#afc among the lower races4 ,footnote #aec3 ,schoolcraft1 quoted by ,sutherland1 op4 cit4 i4 #aai4 ,footnote #aed3 ,ellis1 ,polynesian ,researches1 i4 #bee4 ,footnote #aee3 ,waitz-,gerland1 op4 cit4 vi4 #ach1 #aci1 #fch4 ,angas1 ,savage ,life and ,scenes in ,australia and ,new ,zealand1 i4 #cac4 ,footnote #aef3 ,ploss1 ,das ,kind1 ii4 #bee4 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #ea4 ,iidem1 ,northern ,tribes of ,central ,australia1 p4 #fjh4 ,footnote #aeg3 ,see infra1 p4 #ebi sqq42 also ,haberland1 loc4 cit4 p4 #bi1 and ,sutherland1 op4 cit4 i4 #aae sqq4 ,footnote #aeh3 ,williams and ,calvert1 op4 cit4 p4 #adb4 ,footnote #aei3 ,taplin1 in ,woods1 ,native ,tribes of ,south ,australia1 p4 #ae4 ,footnote #afj3 ,brough ,smyth1 op4 cit4 i4 #ea4 ,meyer1 ',manners and ,customs of the ,aborigines of the ,encounter ,bay ,tribe1' in ,woods1 ,native ,tribes of ,south ,australia1 p4 #ahf4 ,footnote #afa3 ,guinnard1 op4 cit4 p4 #add4 ,footnote #afb3 ,ellis1 ,history of ,madagascar1 i4 #afa4 ,footnote #afc3 ,among the ,sandwich ,islanders the infant1 after living a week1 a month1 or even a year1 was still insecure1 as some were destroyed when able to walk 7,ellis1 ,tour through ,hawaii1 p4 #cbe74 ,among the ,eskimo about ,behring ,strait1 girls were often killed when from #d to #f years of age 7,nelson1 in ,ann4 ,rep4 ,bur4 ,ethn4 xviii4 #bhi74 ,the custom of infanticide prevails1 or has prevailed1 not only in the savage world1 but among semi-civilised and #djf civilised races4 ,in the poorest districts of ,china female infants are often destroyed by their parents immediately after their birth1 chiefly on account of poverty4#afd ,though disapproved of by educated ,chinese1 the practice is treated with forbearance or indifference by the mass of the people1 and is acquiesced in by the mandarins4#afe ,when seriously appealed to on the subject1 says the ,rev4 ,j4 ,doolittle1 though all deprecate it as contrary to the dictates of reason and the instincts of nature1 many are ready boldly to apologise for it1 and declare it to be necessary1 especially in the families of the excessively poor4#aff ,however1 infanticide is neither directly sanctioned by the government1 nor agreeable to the general spirit of the laws and institutions of the ,empire2#afg and it is prohibited both by ,buddhism and ,taouism4#afh ,according to ,dr4 de ,groot1 the belief that the spirits of the dead may1 with authorisation of ,heaven1 take vengeance on the living1 has a very salutary effect on female infanticide in ,china4 ,the fear that the souls of the murdered little ones may bring misfortune1 induces many a father or mother to lay the girls they are unwilling to bring up in the street for adoption into some family1 or into a foundling-hospital4#afi ,footnote #afd3 ,gutzlaff1 ,sketch of ,chinese ,history1 i4 #ei4 ,wells ,williams1 ,middle ,kingdom1 ii4 #bdj sqq4 ,douglas1 ,society in ,china1 p4 #ced sqq4 ,doolittle1 ,social ,life of the ,chinese1 ii4 #bjf4 ,footnote #afe3 ,doolittle1 op4 cit4 ii4 #bjc1 #bjh sq4 ,wells ,williams1 op4 cit4 i4 #hcf2 ii4 #bdb4 ,douglas1 ,society in ,china1 p4 #ced4 ,ploss1 ,das ,kind1 ii4 #bfb4 ,footnote #aff3 ,doolittle1 op4 cit4 ii4 #bjh4 ,footnote #afg3 ,staunton1 in his translation of ,ta ,tsing ,leu ,lee1 p4 #cdg n4 99 ,footnote #afh3 ,thi ,shang1 #d4 ,giles1 ,strange ,stories from a ,chinese ,studio1 ii4 #cgg4 ,douglas1 ,confucianism and ,taouism1 p4 #bfg4 ,indo-,chinese ,gleaner1 iii4 #afd4 ,footnote #afi3 de ,groot1 ,religions ,system of ,china1 7vol4 iv4 book7 ii4 #deg sqq4 ,in ancient times the ,semites1 or at least some of them1 not only practised infanticide1 but1 under certain circumstances1 approved of it or regarded it as a duty4 ,according to an ancient ,arabic proverb1 it was a generous deed to bury a female child2#agj and we read of 7,os4aim the ,fazarite who did not dare to save alive his daughter ,lact4a1 without concealing her from the people1 although she was his only child4#aga ,considering that among the #djg nomads of ,arabia1 who suffer constantly from hunger during a great part of the year1 a daughter is a burden to the poor1 we may suppose1 with ,professor ,robertson ,smith1 that infanticide was as natural to them as to other savage peoples in the hard struggle for life4#agb ,it was condemned1 however1 by the ,prophet3--,slay not your children for fear of poverty3 we will provide for them2 beware6 for to slay them is ever a great sin4#agc ,in the ,mosaic ,law1 on the other hand1 infanticide is never touched upon1 and1 in all probability1 it hardly occurred among the ,hebrews in historic times4 ,but we have reason to believe that1 at an earlier period1 among them as also among other branches of the ,semitic race1 child-murder was frequently practised as a sacrificial rite4#agd ,footnote #agj3 ,freytag1 ,arabum ,proverbia1 i4 #bbi4 ,footnote #aga3 ,robertson ,smith1 ,kinship and ,marriage in ,early ,arabia1 p4 #bic4 ,footnote #agb3 ,ibid4 p4 #bid4 ,footnote #agc3 ,koran1 xvii4 #cc2 also1 ibid4 vi4 #ada1 #aeb1 and lxxxi4 #h sq4 ,footnote #agd3 ,see infra1 on ,human ,sacrifice4 ,the murder of female infants1 whether by the direct employment of homicidal means1 or by exposure to privation and neglect1 has for ages been a common practice1 or even a genuine custom1 among various ,hindu castes4#age ,yet they are well aware that it is prohibited by their sacred books2 according to the ,laws of ,manu1 the ,king shall put to death those who slay women1 infants1 or ,brhmanas4#agf ,even the ,rajputs1 who--out of family pride and owing to the expenses connected with the marriage ceremony--were particularly addicted to infanticide1 considered that a family in which such a deed had been perpetrated was1 in consequence1 an object of divine displeasure4 ,on the twelfth day1 therefore1 the family priest was sent for1 and1 by suitable gratuities1 absolution was obtained4 ,in the room where the infant was born and destroyed1 he also prepared and ate some food with which the family provided him2 this was considered a hom1 or burnt offering1 and1 by eating it in that place1 the priest was supposed to take the whole hutteea1 or sin1 upon himself1 and to cleanse the family from it4#agg ,footnote #age3 ,wilkins1 ,modern ,hinduism1 #dca4 ,chevers1 ,manual of ,medical ,jurisprudence for ,india1 p4 #gej sqq4 ,footnote #agf3 ,laws of ,manu1 ix4 #bcb4 ,footnote #agg3 ',oude as it was before the ,annexation1' in ,church ,missionary ,intelligencer1 xi4 #ha sq4 #djh ,exposure of new-born children was practised by the people of the ,vedic age1#agh as also by other so-called ,aryan peoples in ancient times4#agi ,the ,teutonic father had to decide whether the child1 whilst still lying on the ground1 should be accepted as a member of the family1 or whether it should be exposed4 ,if he lifted it up1 and some water was poured over it1 or a drop of milk or honey passed its lips1 it was generally safe4 ,but apart from these restrictions1 custom seems to have been in favour of exposure only under certain circumstances1 exactly similar to those in which infanticide is practised among many modern savages3 if the child was born out of wedlock1 or if it was deformed or sickly1 or if it was born on an unlucky day1 or in case of twins--one of whom was always supposed to be illegitimate--or if the parents were very poor4 ,the exposed infant1 however1 was not necessarily destined to die1 but was1 in many cases1 adopted by somebody who could afford to rear it4#ahj ,footnote #agh3 ,kaegi1 ,rigveda1 p4 #af4 ,footnote #agi3 ,strieker1 ',ethnographische ,notizen ber den ,kindermord und die knstliche ,fruchtabtreibung1' in ,archiv fr ,anthropologie1 v4 #dea 7,celts and ,slavs74 ,footnote #ahj3 ,grimm1 ,deutsche ,rechtsalterthmer1 p4 #dee sq4 ,wilda1 ,strafrecht der ,germanen1 pp4 #gjd1 #gbe4 ,maurer1 ,bekehrung des ,norwegischen ,stammes ii4 #aha4 ,weinhold1 ,altnordisches ,leben1 p4 #bfa4 ,nordstrm1 ,bidrag till den svenska samhlls-frfattningens historia1 ii4 #dd4 ,stemann1 ,den danske ,retshistorie indtil ,christian ,v4's ,lov1 p4 #cei4 ,the exposure of deformed or sickly infants was undoubtedly an ancient custom in ,greece2 in ,sparta1 at least1 it was enjoined by law4 ,it was also approved of by the most enlightened among the ,greek philosophers4 ,plato condemns all those children who are imperfect in limbs1 as also those who are born from depraved citizens1 to be buried in some obscure and unknown place2 he maintains1 moreover1 that when both sexes have passed the age assigned for presenting children to the ,state1 no child is to be brought to light1 and that any infant which is by accident born alive1 shall be done away with4#aha ,aristotle not only lays down the law with respect to the exposing or bringing up of children1 that nothing imperfect or maimed shall be brought up1 but proposes that #dji the number of children allowed to each marriage shall be regulated by the ,state1 and that1 if any woman be pregnant after she has produced the prescribed number1 an abortion shall be procured before the fetus has life4#ahb ,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 ,state4 ,confined as they were to a very limited territory1 they were naturally afraid of being burdened with the maintenance of persons whose lives could be of no use4 ,it is necessary1 says ,aristotle1 to take care that the increase of the people should not exceed a certain number1 in order to avoid poverty and its concomitants1 sedition and other evils4#ahc ,yet the exposure of healthy infants1 which was frequently practised in ,greece1 was hardly approved of by public opinion1 although tolerated1#ahd except at ,thebes1 where it was a crime punishable with death4#ahe ,footnote #aha3 ,plato1 ,respublica1 v4 #dfj sq4 ,footnote #ahb3 ,aristotle1 ,politica1 vii4 #af1 p4 #acce4 ,footnote #ahc3 ,ibid4 ii4 #f1 p4 #abfe4 ,footnote #ahd3 ,schmidt1 ,ethik der alten ,griechen1 ii4 #ach1 #dfc4 ,hermann-,blumner1 ,lehrbuch der griechischen ,privatalterthmer1 p4 #gg4 ,footnote #ahe3 ,aelian1 ,varia ,histori1 ii4 #g4 ,in ,rome custom or law enjoined the destruction of deformed infants4 ,according to a law of the ,twelve ,tables1 referred to by ,cicero1 monstrous abortions were not suffered to live4#ahf ,with reference to a much later period ,seneca writes1 ,we destroy monstrous births1 and we also drown our children if they are born weakly or unnaturally formed2 he adds that it is an act of reason thus to separate what is useless from what is sound4#ahg ,but there was no tendency in ,rome to encourage infanticide beyond these limits4 ,it has been observed that1 whilst the ,greek policy was rather to restrain1 the ,roman policy was always to encourage1 population4#ahh ,being engaged in incessant wars of conquest1 ,rome was never afraid of being over-populated1 but1 on the contrary1 tried to increase the number of its citizens by according special privileges to the fathers of many children1 and exempting poor parents from most #daj of the burden of taxation4#ahi ,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 infants2 but it is equally certain that the act was frequently disapproved of4#aij ,an ancient law1 ascribed to ,romulus--which1 as ,mommsen suggests1 could have been merely a priestly direction#aia--;enjoined the father to bring up all his sons and at least his eldest daughter1 and forbade him to destroy any well-formed child till it had completed its third year1 when the affections of the parent might be supposed to be developed4#aib ,in later times we find the exposure of children condemned by poets1 historians1 philosophers1 jurists4 ,among nefarious acts committed in sign of grief on the day when ,germanicus died1 ,suetonius mentions the exposure of new-born babes4#aic ,epictetus indignantly opposes the saying of ,epicurus that men should not rear their children3--,even a sheep will not desert its young1 nor a wolf2 and shall a man8 ',what6 will you have us to be silly creatures1 like the sheep8' ,yet they desert not their young4 ',or savage1 like wolves8' ,yet even they desert them not4 ,come1 then1 who would obey you if he saw his little child fall on the ground and cry8#aid ,julius ,paulus1 the jurist1 pronounced him who refused nourishment to his child1 or exposed it in a public place1 to be guilty of murder#aie--;a statement which is to be understood1 not as a legal prohibition of exposure1 but only as the expression of a moral opinion4#aif ,on the other hand1 though the exposure of healthy infants was disapproved of in ,pagan ,rome1 it was not generally regarded as an offence of very great magnitude1 especially if the parents were destitute4#aig #daa ,during the ,empire it was practised on an extensive scale1 and in the literature of the time it is spoken of with frigid indifference4 ,since the life of the victim was frequently saved by some benevolent person or with a view to profit1#aih it was not regarded in the same light as downright infanticide1 which1 in the case of a healthy infant1 seems to have been strictly prohibited by custom4#aii ,footnote #ahf3 ,cicero1 ,de legibus1 iii4 #h4 ,footnote #ahg3 ,seneca1 ,de ira1 i4 #ae4 ,footnote #ahh3 ,lecky1 ,history of ,european ,morals1 ii4 #bg4 ,footnote #ahi3 ,montesquieu1 ,de l'esprit des lois1 #bj sqq4 7,,oeuvres1 p4 #cih sqq474 ,lecky1 ,history of ,european ,morals1 ii4 #bg4 ,footnote #aij3 ,denis1 ,histoire des thories et des ides morales dans l'antiquit1 ii4 #aaj4 ,footnote #aia3 ,mommsen1 ,rmisches ,strafrecht1 p4 #fai4 ,footnote #aib3 ,dionysius of ,halicarnassus1 ,antiquitates ,roman1 ii4 #ae4 ,footnote #aic3 ,suetonius1 ,caligula1 #e4 ,footnote #aid3 ,epictetus1 ,dissertationes1 i4 #bc4 ,footnote #aie3 ,digesta1 xxv4 #c4 #d4 ,footnote #aif3 ,noodt1 ',julius ,paulus1 sive de partus expositione et nece apud veteres1' in ,opera omnia1 i4 #dfe sqq4 ,walter1 ,geschichte des ,rmischen ,rechts1 #ech1 vol4 ii4 #adh sq4 ,spangenberg1 ',verbrechen des ,kindermords und der ,aussetzung der ,kinder1' in ,neues ,archiv des ,criminalrechts1 iii4 #aj sqq4 ,mommsen1 ,rmisches ,strafrecht1 p4 #fbj1 n4 #a4 ,footnote #aig3 ,quintilian1 ,declamationes1 #ejf4 ,plutarch1 ,de amore prolis1 #e4 ,footnote #aih3 ,lecky1 ,history of ,european ,morals1 ii4 #bh4 ,lallemand1 ,histoire des enfants abandonns et dlaisss1 p4 #ei4 ,footnote #aii3 ,mommsen1 ,rmisches ,strafrecht1 p4 #fai4 ,as is generally the case in the savage world1 so among semi-civilised and civilised nations whose customs allow or tolerate infanticide1 the child1 if not suffered to live1 has to be killed in its earliest infancy4 ,among the ,chinese#bjj and ,rajputs#bja it is destroyed immediately after its birth4 ,in the ,scandinavian ,north the killing or exposure of an infant who had already been sprinkled with water was regarded as murder4#bjb ,at ,athens parents were punished for exposing children whom they had once begun to rear4#bjc ,footnote #bjj3 ,gutzlaff1 op4 cit4 i4 #ei4 ,footnote #bja3 ,church ,missionary ,intelligencer1 xi4 #ha4 ,chevers1 op4 cit4 p4 #geb4 ,footnote #bjb3 ,grimm1 ,deutsche ,rechtsalterthmer1 i4 #deg4 ,footnote #bjc3 ,schoemann1 ,griechische ,alterthmer1 i4 #ejc4 ,the practice of exposing new-born infants1 so common in the ,pagan ,empire1 was vehemently denounced by the early ,fathers of the ,church4#bjd ,they tried to convince men that1 if the abandoned infant died1 the unnatural parent was guilty of nothing less than murder1 whilst the sinful purposes for which foundlings were often used formed another argument against exposure4#bje ,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 perdition4#bjf ,according to a decree of the ,council of ,mentz in #heb1 the penance imposed on the mother was heavier if she killed an unbaptised than if she killed a #dab baptised child4#bjg ,in the year #aeef1 ,henry ,,ii4 of ,france made a law which punished as a child-murderer any woman who had concealed her pregnancy and delivery1 and whose child was found dead1 priv1 tant du saint sacrement de baptesme1 que spulture publique et accoustume4#bjh ,this statute--to which there is a counterpart in ,england in the statute #ba ,jac4 ,i4 c4 #bg1bji and in the ,scotch law of #afij1 c4 #babaj--thus went so far as to constitute a presumptive murder1 avowedly under the influence of that ,christian dogma to which ,mr4 ,lecky attributes1 in the first instance1 the healthy sense of the value and sanctity of infant life which so broadly distinguishes ,christian from ,pagan societies4#baa ,footnote #bjd3 ,see ,terme and ,monfalcon1 ,histoire des enfans trouvs1 p4 #fg sqq4 ,footnote #bje3 ,justin ,martyr1 ,apologia ,i4 pro ,christianis1 #bi1 #bg 7,migne1 ,patrologi cursus1 ,ser4 ,graeca1 vi4 #cgc sq41 #cfi sqq474 ,footnote #bjf3 ,cf4 ,spangenberg1 in ,neues ,archiv des ,criminalrechts1 iii4 #bj2 ,lecky1 ,history of ,european ,morals1 ii4 #bc4 ,footnote #bjg3 ,canon ,hludowici regis1 #i 7,pertz1 ,monum4 ,germani historica1 iii4 #dac74 ,footnote #bjh3 ,isambert1 ,decrusy1 and ,armet1 ,recueil gnral des anciennes lois franaises1 xiii4 #dgb sq4 ,footnote #bji3 ,blackstone1 ,commentaries on the ,laws of ,england1 iv4 #aih4 ,footnote #baj3 ,erskine1 ,principles of the ,law of ,scotland1 p4 #efj4 ,footnote #baa3 ,lecky1 ,history of ,european ,morals1 ii4 #bc4 ,if the ,pagans had been comparatively indifferent to the sufferings of the exposed infant1 the ,christians became all the more cruel to the unfortunate mother1 who1 perhaps in a fit of despair1 had put to death her new-born child4 ,the ,christian emperor ,valentinian ,i4 made infanticide a capital offence4#bab ,according to the ,coutume de ,loudunois1 a mother who killed her child was burned4#bac ,in ,germany and ,switzerland she was buried alive with a pale thrust through her body2#bad this punishment was prescribed by the criminal code of ,charles ,v41 side by side with drowning4#bae ,until the end of the eighteenth1 or the beginning of the nineteenth1 century1 infanticide was a capital crime everywhere in ,europe1 except in ,russia4#baf ,then1 under the influence of that rationalistic movement which compelled men to rectify so many preconceived opinions1#bag it became manifest that an unmarried woman #dac who destroyed her illegitimate child was not in the same category as an ordinary murderess4#bah ,it was pointed out that shame and fear1 the excitement of mind1 and the difficulty in rearing the poor bastard1 could induce the unfortunate mother to commit a crime which she herself abhorred4 ,that no notice had been taken of all this1 is explicable from the extreme severity with which female unchastity was looked upon by the ,church4 ,at present most ,european lawbooks do not punish infanticide committed by an unmarried woman even nominally with death4#bai ,in ,france the law which regards infanticide as an aggravated form of meurtre#bbj has become a dead letter2#bba 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-birth4#bbb ,footnote #bab3 ,codex ,theodosianus1 ix4 #ad4 #a4 ,institutiones1 ix4 #af1 #g4 ,footnote #bac3 ,tissot1 ,le droit pnal1 ii4 #dj4 ,footnote #bad3 ,osenbrggen1 ,das alamannische ,strafrecht im deutschen ,mittelalter1 p4 #bbi sq4 ,idem1 ,studien zur deutschen und schweizerischen ,rechtsgeschichte1 p4 #ceh4 ,footnote #bae3 ,charles ,v4's ,peinliche ,gerichts ,ordnung1 art4 #aca4 ,footnote #baf3 de ,feyfer1 ,verhandeling over den ,kindermoord1 p4 #bbe4 von ,fabrice1 ,die ,lehre von der ,kindsabtreibung und vom ,kindsmord1 p4 #bea4 ,footnote #bag3 ,berner1 ,lehrbuch des ,deutschen ,strafrechtes1 p4 #dig4 ,footnote #bah3 ,bentham maintained 7,theory of ,legislation1 p4 #bfd sq47 that infanticide ought not to be punished as a principal offence4 ,the offence1 he says1 is what is improperly called the death of an infant1 who has ceased to be1 before knowing what existence is1--a result of a nature not to give the slightest inquietude to the most timid imagination2 and which can cause no regrets but to the very person who1 through a sentiment of shame and pity1 has refused to prolong a life begun under the auspices of misery4 ,footnote #bai3 de ,feyfer1 op4 cit4 p4 #bbh4 ,for modern legislation on infanticide1 see also ,spangenberg1 in ,neues ,archiv des ,criminalrechts1 iii4 #cfj sqq42 von ,fabrice1 op4 cit4 p4 #bed sqq4 ,footnote #bbj3 ,code ,pnal1 art4 #cjj1 #cjb4 ,footnote #bba3 ,garraud1 ,trait thoretique et pratique du droit pnal franais1 iv4 #bea4 ,footnote #bbb3 ,stephen1 ,history of the ,criminal ,law of ,england1 iii4 #hf4 99 99 99 99 99 ,hand in hand with the custom of infanticide goes feticide1 which prevails extensively in the savage world4#bbc ,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 body4 ,besides1 women procure abortion with a view to avoiding the disagreeable incidents accompanying the state of pregnancy2 or1 very frequently1 in order to conceal illicit intercourse4#bbd ,considering that the same degree of sympathy cannot be felt with regard to a child not yet born as with regard to an infant1 it is not surprising to find that feticide is practised without objection even by #dad some peoples who never commit infanticide4 ,thus in ,samoa1 where the latter practice was perfectly unknown1 the destruction of unborn children prevailed to a melancholy extent1 and the same was the case in the ,mitchell ,group4#bbe ,among the ,dacotahs1 who only occasionally killed infants1 abortion procured by artificial means was not held objectionable4#bbf ,on the other hand there are savages who consider it a crime4 ,some ,indian tribes in ,north ,america abhor the practice4#bbg ,the natives of ,tenimber and ,timor-laut punish it with heavy fines4#bbh ,regarding the ,kafirs1 ,mr4 ,warner states that the procuring of abortion1 although universally practised by all classes of females in ,kafir society1 is nevertheless a crime of considerable magnitude in the eye of the ,law2 and when brought to the notice of the ,chief1 a fine of four or five head of cattle is inflicted4 ,the accomplices are equally guilty with the female herself4#bbi ,footnote #bbc3 ,ploss1 ,das ,weib1 i4 #hdb sqq4 ,footnote #bbd3 ,ibid4 i4 #hea sq4 ,footnote #bbe3 ,turner1 ,samoa1 pp4 #gi1 #bhj4 ,footnote #bbf3 ,schoolcraft1 ,indian ,tribes of the ,united ,states1 iii4 #bdc4 ,keating1 op4 cit4 i4 #cid4 ,footnote #bbg3 ,ploss1 ,das ,weib1 i4 #hdh4 ,footnote #bbh3 ,riedel1 ,de sluik- en kroesharige rassen tusschen ,selebes en ,papua1 p4 #cjb4 ,footnote #bbi3 ,warner1 in ,maclean1 ,compendium of ,kafir ,laws and ,customs1 p4 #fb4 ,cf4 ,brownlee1 ibid4 p4 #aaa2 ,holden1 ,past and ,future of the ,kaffir ,races1 p4 #ccd4 ,passing to more civilised nations1 we notice that1 among ,hindus and ,muhammedans1 artificial abortion is extremely common and is hardly reprobated by public opinion1 whatever religion or law may have to say on the subject4#bcj ,it is especially resorted to by unmarried women as a means of escaping punishment and shame4 ,in a country like ,india1 says ,dr4 ,chevers1 where true morality is almost unknown1 but where the laws of society exercise the most rigorous and vigilant control imaginable over the conduct of females1 and where six-sevenths of the widows1 whatever their age or position in life may be1 are absolutely debarred from re-marriage1 and are compelled to rely upon the uncertain support of their relatives1 it is scarcely surprising that great crimes should be frequently practised to conceal the results of immorality1 and that the procuring of criminal abortion should1 especially1 be an act of #dae almost daily commission1 and should have become a trade among certain of the lower midwives4#bca ,in ,persia every illegitimate pregnancy ends with abortion2 the act is done almost publicly1 and no obstacle is put in its way4#bcb ,in ,turkey1 both among the rich and poor1 even married women very commonly procure abortion after they have given birth to two children1 one of which is a boy2 and the authorities regard the practice with indifference4#bcc ,in ancient ,greece1 as we have seen1 feticide was under certain circumstances recommended by ,plato and ,aristotle1 in preference to infanticide4 ,in ,rome it was prohibited by ,septimius ,severus and ,antoninus1 but the prohibition seems to have referred only to those married women who1 by procuring abortion1 defrauded their husbands of children4#bcd ,during the ,pagan ,empire1 abortion was extensively practised1 either from poverty1 or licentiousness1 or vanity2 and1 although severely disapproved of by some1#bce it was probably regarded by the average ,romans of the later days of ,paganism much as ,englishmen in the last century regarded convivial excesses1 as certainly wrong1 but so venial as scarcely to deserve censure4#bcf ,seneca thinks ,helvia worthy of special praise because she had never destroyed her expected child within her womb1 after the fashion of many other women1 whose attractions are to be found in their beauty alone4#bcg ,the ,romans drew a broad line between feticide and infanticide4 ,an unborn child was not regarded by them as a human being2 it was a spes animantis1 not an infans4#bch ,it was said to be merely a part of the mother1 as the fruit is a part of the tree till it becomes ripe and falls down4#bci ,footnote #bcj3 ,laws of ,manu1 v4 #ij2 ,vish'nu ,pur'na1 p4 #bjg sq4 ,footnote #bca3 ,chevers1 op4 cit4 p4 #gab4 ,footnote #bcb3 ,polak1 ,persien1 i4 #bag4 ,footnote #bcc3 ,ploss1 ,das ,weib1 i4 #hdf sq4 ,footnote #bcd3 ,digesta1 xlvii4 #aa4 #d4 ,cf4 ,rein1 ,criminalrecht der ,rmer1 p4 #ddg4 ,footnote #bce3 ,paulus1 quoted in ,digesta1 xxv4 #c1 #d4 ,footnote #bcf3 ,lecky1 ,history of ,european ,morals1 ii4 #ba sq4 ,footnote #bcg3 ,seneca1 ,ad ,helviam1 #af4 ,footnote #bch3 ,spangenberg1 ',verbrechen der ,abtreibung der ,leibesfrucht1' in ,neues ,archiv des ,criminalrechts1 ii4 #bc4 ,footnote #bci3 ,ibid4 ii4 #bb4 ,very different opinions were held by the ,christians4 ,a sanctity1 previously unheard of1 was attached to human life from the very beginning4 ,feticide was regarded as a #daf form of murder4 ,prevention of birth1 says ,tertullian1 is a precipitation of murder2 nor does it matter whether one take away a life when formed1 or drive it away while forming4 ,he also is a man who is about to be one4 ,even every fruit already exists in its seed4#bdj ,st4 ,augustine1 again1 makes a distinction between an embryo which has already been formed1 and an embryo as yet unformed4 ,from the creation of ,adam1 he says1 it appears that the body is made before the soul4 ,before the embryo has been endowed with a soul it is an embryo informatus1 and its artificial abortion is to be punished with a fine only2 but the embryo formatus is an animate being1 and to destroy it is nothing less than murder1 a crime punishable with death4#bda ,this distinction between an animate and inanimate fetus was embodied both in ,canon#bdb and ,justinian law1#bdc and passed subsequently into various lawbooks4#bdd ,and a woman who destroyed her animate embryo was punished with death4#bde ,footnote #bdj3 ,tertullian1 ,apologeticus1 #i 7,migne op4 cit4 i4 #cai sq474 ,footnote #bda3 ,st4 ,augustine1 ,questiones in ,exodum1 #hj2 ,idem1 ,questiones ,veteris et ,novi ,testamenti1 #bc 7,migne1 op4 cit4 xxxiv4-xxxv4 #fbf1 #bbbi74 ,footnote #bdb3 ,gratian1 ,decretum1 ii4 #cb4 #b4 #h sq4 ,footnote #bdc3 ,as regards the time from which the fetus was considered to be animate a curious distinction was drawn between the male and the female fetus4 ,the former was regarded as animatus forty days after its conception1 the latter eighty days4 ,this theory1 however--which was derived1 as it seems1 either from an absurd misinterpretation of ,leviticus1 xii4 #b-e1 or from the views of ,aristotle 7,de animalibus histori1 vii4 #c2 cf4 ,pliny1 ,historia naturalis1 vii4 #f7--was not accepted by the glossarist of the ,justinian ,code1 who fixed the animation of the female1 as well as of the male1 fetus at forty days after its conception2 and this view was adopted by later jurists 7,spangenberg1 in ,neues ,archiv des ,criminalrechts1 ii4 #cg sqq474 ,footnote #bdd3 von ,fabrice1 op4 cit4 p4 #bjb sq4 ,berner1 op4 cit4 p4 #eja4 ,wilda1 op4 cit4 p4 #gbj sqq4 ,footnote #bde3 ,fleta1 i4 #bc4 #ab 7,england74 ,charles ,v's ,peinliche ,gerichts ,ordnung1 art4 #acc4 ,spangenberg in ,neues ,archiv des ,criminalrechts1 ii4 #af4 ,the criminality of artificial abortion was increased by the belief that an embryo formatus1 being a person endowed with an immortal soul1 was in need of baptism for its salvation4 ,in his highly esteemed treatise ,de fide1 written in the sixth century1 ,st4 ,fulgentius says1 ,it is to be believed beyond doubt1 that not only men who are come to the use of reason1 but infants1 whether they die in their mother's womb1 or after they are born1 without baptism1 #dag in the name of the ,father1 ,son1 and ,holy ,ghost1 are punished with everlasting punishment in eternal fire1 because though they have no actual sin of their own1 yet they carry along with them the condemnation of original sin from their first conception and birth4#bdf ,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 hell4#bdg ,subsequently1 however1 ,st4 ,fulgentius' dictum was called in question1 and no less a person than ,thomas ,aquinas suggested the possibility of salvation for an infant who died before its birth4#bdh ,apart from this1 the doctrine that the life of an embryo is equally sacred with the life of an infant was so much opposed to popular feelings1 that the law concerning feticide had to be altered4 ,modern legislation1 though treating the fetus as a distinct being from the moment of its conception1#bdi punishes criminal abortion less severely than infanticide4#bej ,and the very frequent occurrence of this crime#bea is an evidence of the comparative indifference with which it is practically looked upon by large numbers of people in ,christian countries4 ,footnote #bdf3 ,st4 ,fulgentius1 ,de fide1 #bg 7,migne1 op4 cit4 lxv4 #gja74 ,footnote #bdg3 ,lex ,bajuwariorum1 viii4 #ba 7vii4 #bj74 ,footnote #bdh3 ,lecky1 ,history of the ,rise and ,influence of the ,spirit of ,rationalism in ,europe1 i4 #cfj1 n4 #b4 ,footnote #bdi3 ,henke1 ,lehrbuch der gerichtlichen ,medicin1 #ii1 p4 #ge4 ,berner1 op4 cit4 p4 #ejb4 ,footnote #bej3 von ,fabrice1 op4 cit4 p4 #aii4 ,for modern laws referring to criminal abortion1 see ibid4 p4 #bjf sqq41 and ,spangenberg1 in ,neues ,archiv des ,criminalrechts1 ii4 #agh sqq4 ,footnote #bea3 ,see ,ploss1 ,das ,weib1 i4 #hdh sqq42 ,schmidt's ,jahrbcher der in- und auslndischen ,gesammten ,medicin1 xciii4 #ig4 ,,chapter ,,xviii ,,the ,,killing ,,of ,,women ,,and ,,of ,,slaves--,,the ,,criminality ,,of ,,homicide ,,influenced ,,by ,,distinctions ,,of ,,class4 ,,among many of the lower races a husband is said to possess the power of life and death over his wife2 but what this actually means is not always obvious4 ,it is quite probable that1 in some cases1 the husband may put his wife to death whenever he pleases1 without having to fear any disagreeable consequences4 ,in other instances he1 by doing so1 at all events exposes himself to the vengeance of her family4 ,among the ,bangerang tribe of ,victoria1 for instance1 he might ill-treat her1 give her away1 do as he liked with her1 or kill her1 and no one in the tribe interfered2 though1 had he proceeded to the last extremity1 her death would have been avenged by her brothers or kindred4#a ,so1 also1 among the aborigines of ,north-,west-,central ,queensland1 a wife has always her 'brothers' to look after her interests1 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 death4#b ,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 literally4 ,i venture to believe that the husband's so-called power of life and death is generally #dai restricted by custom to cases where the wife has committed some offence1 and1 especially1 where she has been guilty of unfaithfulness4 ,footnote #a3 ,curr1 ,recollections of ,squatting in ,victoria1 p4 #bdh4 ,footnote #b3 ,roth1 ,ethnological ,studies among the ,north-,west-,central ,queensland ,aborigines1 p4 #ada4 ,cf4 ,fison and ,howitt1 ,kamilaroi and ,kurnai1 p4 #bha 7,geawe-gal tribe74 ,the right of punishing the wife capitally1 however1 is by no means universally granted to the husband in uncivilised communities4 ,among the ,gaika tribe of the ,kafirs1 if he puts her to death1 he is punished as a murderer4#c ,among the ,bakwiri he has to suffer death himself if he kills his wife2 if she is unfaithful to him he is only permitted to beat her4#d ,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 death2 but whether they have the right of doing so is a question seldom touched upon by our authorities4#e ,we shall see that savage custom often gives to the husband only very limited rights over his wife1 and requires that he should treat her with respect4 ,footnote #c3 ,brownlee1 in ,maclean1 ,compendium of ,kafir ,laws and ,customs1 p4 #aag4 ,footnote #d3 ,schwarz1 quoted by ,post1 ,afrikanische ,jurisprudenz1 i4 #dja4 ,footnote #e3 ,see ,steinmetz1 ,ethnologische ,studien zur ersten ,entwicklung der ,strafe1 ii4 #cjc4 ,among various peoples of a higher type the husband has1 under certain circumstances1 had the right of punishing his wife capitally2 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 her4#f ,however1 whilst custom or law forbade him to kill his wife without sufficient cause1 such a deed was hardly looked upon with the same horror1 or treated with the same severity1 as the murder of a husband by his wife1 owing to the former's superior position in the family4 ,among the ,langobardi1 according to the laws of ,king ,rothar1 a husband who killed his wife had to pay the same compensation as anybody else would have had to pay for taking her life1 but if a wife killed her husband1 she was put to death1 and her property forfeited #dbj to the family of the dead4#g ,in ,russia1 in the seventeenth century1 whilst a husband who murdered his wife was1 according to law1 obnoxious to corporal punishment1 a wife who murdered her husband was buried alive1 with the head above the ground1 and left to perish by hunger4#h ,according to ,english law1 a woman who killed her husband was guilty of petit treason1 that is1 murder in its most odious degree4#i ,footnote #f3 ,rein1 ,japan1 p4 #dbd4 ,hommel1 ,die semitischen ,vlker und ,sprachen1 i4 #dag 7,babylonians74 ,leist1 ,altarisches ,jus ,civile1 i4 #aif1 #bge 7,aryan peoples74 ,wilda1 ,strafrecht der ,germanen1 p4 #gje2 ,nordstrm1 ,bidrag till den svenska samhlls-frfattningens historia1 ii4 #fa sq42 ,weinhold1 ,altnordisches ,leben1 p4 #bej2 ,keyser ,efterladte ,skrifter1 ii4 pt4 ii4 #bh sq4 7,teutons74 ,footnote #g3 ,edictus ,rothari1 #bjj sqq4 ,footnote #h3 ,macieiowski1 ,slavische ,rechtsgeschichte1 iv4 #bib4 ,for a ,corsican law concerning matricide1 see ,cibrario1 ,economia politica del medio eve1 i4 #cdd2 and for the punishment inflicted for the same crime on a woman in ,nuremberg1 in #adhg1 see ,du ,boys1 ,histoire du droit criminel des peuples modernes1 ii4 #fjg4 ,footnote #i3 ,blackstone1 ,commentaries on the ,laws of ,england1 iv4 #bjc4 ,among many peoples the life of a woman is held cheaper than that of a man1 independently of the relationship between the slayer and his victim4 ,in ,burma1 if a woman was accidentally killed1 less compensation had to be paid than for a man4 ,a ,burman explained this in the following words3--,a woman is worth less than a man in that way4 ,a maidservant can be hired for less than a manservant1 a daughter can claim less than a son4 ,they cannot do so much work2 they are not so strong4 ,if they had been worth more1 the law would have been the other way2 of course they are worth less4#aj ,among ,muhammedans the price of blood for a woman is half the sum which is the price of blood for a free man4#aa ,in ancient ,india the murder of a woman1 unless she was with child1 was in the eye of the law on a par with the murder of a ,sdra4#ab ,according to ,cambrian law1 the galanas1 or blood-price1 of a woman was half the galanas of her brother4#ac ,among the ,teutons the wergeld of a woman varied3 sometimes it was the same as that for a man1 sometimes only half as much1 but sometimes twice as much1 or1 if she was pregnant1 #dba even more4#ad ,these variations depended upon the different points of view from which the offence was looked upon4 ,by herself she was worth less than a man1 as a mother she was worth more2#ae and1 quite apart from her value1 the natural helplessness of her sex tended to aggravate the crime4#af ,among modern savages and barbarians1 also1 the estimate of a woman's life is in some instances lower than that of a man's1#ag in some equal to it1#ah and in some higher4#ai ,among the ,gallas the killing of a free man can be atoned for only by one thousand cattle1 whereas fifty are deemed sufficient for the killing of a woman4#bj ,on the other hand1 among the ,iroquois two hundred yards of wampum were paid for the murder of a woman1 and only one hundred for that of a man4#ba ,among the ,rejangs of ,sumatra1 whilst the compensation for murder is eighty dollars if the victim was an ordinary man or boy1 it is one hundred and fifty dollars if the person murdered was a woman or a girl4#bb ,among the ,agar1 a ,dinka tribe1 the murder of a man must be atoned for by a fine of thirty cows1 that of a woman by forty cows4#bc ,where wives are purchased1 the killing of a woman involves the destruction of valuable property1 and is dealt with accordingly4 ,footnote #aj3 ,fielding1 ,the ,soul of a ,people1 p4 #aga4 ,footnote #aa3 ,lane1 ,arabian ,society in the ,middle ,ages1 p4 #ah4 ,footnote #ab3 ,baudhyana1 i4 #aj4 #ai4 #c4 ,leist1 ,alt-arisches ,jus ,gentium1 p4 #cje sqq4 ,footnote #ac3 ,venedotian ,code1 ii4 #a4 #af4 ,according to the ',laws of the ,brets and ,scots1' the estimate of a married woman is less by a third part than that of her husband1 whereas the estimate of an unmarried woman is equal to that of her brother 7,innes1 ,scotland in the ,middle ,ages1 p4 #aha74 ,footnote #ad3 ,grimm1 ,deutsche ,rechtsalterthmer1 p4 #djd sqq4 ,footnote #ae3 ,this point of view is very conspicuous in the ,salic ,law 7,lex ,salica ,herold's text1 #bh74 ,footnote #af3 ,wilda1 op4 cit4 p4 #ega4 ,keyser1 op4 cit4 ii4 pt4 ii4 #bi4 ,brunner1 ,deutsche ,rechtsgeschichte1 ii4 #fad sq4 ,pardessus1 ,loi ,salique1 p4 #ffb4 ,footnote #ag3 ,post1 ,anfnge des ,staats- und ,rechtsleben1 p4 #aib4 ,idem1 ,studien zur ,entwicklungsgeschichte des ,familienrechts1 p4 #aai sq4 ,gibbs1 ',tribes of ,western ,washington and ,north-western ,oregon1' in ,contributions to ,north ,american ,ethnology1 i4 #aij4 ,georgi1 ,russia1 ii4 #bfa2 ,vmbry1 ,trkenvolk1 p4 #cje 7,kirghiz74 ,decle1 ,three ,years in ,savage ,africa1 p4 #dhg 7,wakamba74 ,footnote #ah3 ,schoolcraft1 ,indian ,tribes of the ,united ,states1 i4 #bgg 7,creeks74 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #cgj4 ,woodthorpe1 in ,jour4 ,anthr4 ,inst4 xxvi4 #ba 7,shans74 ,footnote #ai3 ,post1 ,studien zur ,entwicklungsgeschichte des ,familienrechts1 p4 #aai sq4 ,footnote #bj3 ,paulitschke1 ,ethnographie ,nordost-,afrikas1 p4 #bfc4 ,footnote #ba3 ,loskiel1 ,history of the ,mission of the ,united ,brethren among the ,indians in ,north ,america1 i4 #af4 ,footnote #bb3 ,marsden1 ,history of ,sumatra1 p4 #bbb4 ,footnote #bc3 ,emin ,pasha in ,central ,africa1 p4 #cch4 99 99 99 99 99 ,as a husband often has the power of life and death over his wife1 so we may expect to find1 even more often1 #dbb that a master has the same power over his slave4 ,the latter1 as a rule1 can hardly count on the support of his family1 and when1 as is frequently the case1 he is a prisoner of war1 the right of killing an enemy easily passes into the right of killing the slave4 ,in the literature dealing with the lower races we repeatedly meet with the statement that the owner may kill his slave at pleasure1 or that he is not accountable for killing him4#bd ,yet this seems to mean rather that1 if he does so1 no complaint can be brought against him1 or no vengeance taken on him1 than that he has an unconditional moral right to put to death a slave whom he no longer cares to keep2 we shall see that savage custom very commonly requires that slaves should be treated with kindness by their masters4 ,in many cases the master is expressly denied the right of killing his slave at his own discretion4#be ,among the ,bataks1 the owner1 though allowed to punish his slave1 must take care that the latter does not succumb to the punishment4#bf ,among the ,rejangs1 if a man kills his slave1 he pays half his price as compensation to the feudal chief of the country4#bg ,in ,madagascar masters have full power over their slaves1 excepting as to life2#bh and the same is said of the ,tshi-speaking peoples of the ,gold ,coast4#bi ,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 insolvency1 but he is forbidden to kill a house-slave4#cj ,among the ,barea and ,kunma1 by putting #dbc to death a slave who is a native of the country1 the master even exposes himself to the blood-revenge of the family of the slain4#ca ,footnote #bd3 ,monrad1 ,bidrag til en ,skildring af ,guinea-,kysten1 p4 #db 7,negroes of ,accra74 ,bowdich1 ,mission to ,ashantee1 p4 #beh 7people of ,ashanti74 ,ward1 ,five ,years with the ,congo ,cannibals1 p4 #aje 7,bolobo74 ,macdonald1 ,africana1 i4 #afh 7,eastern ,central ,africans74 ,burton1 ,zanzibar1 ii4 #ie 7,wanika74 ,cooper1 ,mishmee ,hills1 p4 #bch4 ,glimpses of the ,eastern ,archipelago1 p4 #ajf 7,highlanders of ,palembang74 ,hale1 ,u4,s4 ,exploring ,expedition4 ,vol4 ,,vi4 ,ethnography and ,philology1 p4 #cc 7,maoris74 ,gibbs1 loc4 cit4 p4 #ahi 7,thlinkets74 ,steinmetz1 ,studien1 ii4 #cjh sqq4 ,footnote #be3 ,steinmetz1 ,rechtsverhltnisse von eigeborenen ,vlkern in ,afrika und ,ozeanien1 p4 #dc 7,banaka and ,bapuku74 ,mademba1 ibid4 p4 #hc 7natives of the ,sansanding ,states74 ,lang1 ibid4 p4 #bda 7,washambala74 ,desoignies1 ibid4 p4 #bgh 7,msalala74 ,footnote #bf3 ,glimpses of the ,eastern ,archipelago1 p4 #aad4 ,footnote #bg3 ,marsden1 op4 cit4 p4 #bbb4 ,footnote #bh3 ,ellis1 ,history of ,madagascar1 i4 #aif4 ,footnote #bi3 ,ellis1 ,tshi-speaking ,peoples of the ,gold ,coast1 p4 #bia4 ,footnote #cj3 ,post1 ,afrikanische ,jurisprudenz1 i4 #ie4 ,footnote #ca3 ,munzinger1 ,ostafrikanische ,studien1 p4 #dhd4 ,the murder of another person's slave is of course largely regarded as an offence against the property of the owner1 but1 in many cases at least1 it is not exclusively looked upon in this light4 ,where the master himself is not allowed to kill his slave1 the slave possesses the right to live in the full sense of the term4 ,sometimes there is in this respect little difference between him and a freeman4 ,among the ,beni ,amer1 whilst the murder of a slave who has been bought is merely compensated for by the payment of the purchase sum1 the murder of a slave who belongs to his master by birth is avenged by his relatives1 or1 if he has none1 by the master himself2 should the murderer be too high a person1 the matter drops1 but there is no question of payment in any case4#cb ,where the system of blood-money prevails1 the price paid for the life of a slave is less than that paid for the life of a freeman4 ,among the ,kirghiz the former is only half of the latter4#cc ,in ,axim1 on the ,gold ,coast1 according to ,bosman1 the murderer of a slave was usually fined thirty-six crowns1 whilst five hundred crowns were demanded for the murder of a free-born negro4#cd ,footnote #cb3 ,ibid4 p4 #cji4 ,footnote #cc3 ,georgi1 op4 cit4 ii4 #bfa4 ,footnote #cd3 ,bosman1 ,new ,description of the ,coast of ,guinea1 p4 #ada sq4 ,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 culture2 yet not even the master is among them in all circumstances allowed to put his slave to death4 ,in ancient ,mexico the murder of a slave1 though committed by the master1 was a capital offence4#ce ,in ,corea1 a slave may not be killed by his owner before the latter has obtained the permission of the board of punishments1 or of the high provincial authorities4#cf ,according to the #dbd ,chinese ,penal ,code1 a master who1 instead of complaining to a magistrate privately1 beats to death a slave who has been guilty of theft1 adultery1 or any other similar crime1 shall be punished with one hundred blows4 ,if he beats to death1 or intentionally kills1 a slave who has committed no crime1 he shall be punished with sixty blows and one year's banishment1 and the wife or husband1 as also the children1 of the deceased slave shall be entitled to their freedom4#cg ,again1 a freeman who kills another's slave shall be strangled4#ch ,footnote #ce3 ,bancroft1 op4 cit4 ii4 #bbc4 ,footnote #cf3 ,rockhill1 ',notes on some of the ,laws1 ,customs1 and ,superstitions of ,korea1' in ,american ,anthropologist1 iv4 #ahj4 ,cf4 ,griffis1 ,corea1 p4 #bci4 ,footnote #cg3 ,ta ,tsing ,leu ,lee1 sec4 cccxiv4 p4 #cdj4 ,footnote #ch3 ,ibid4 sec4 cccxiii4 p4 #ccf4 ,according to ,hebrew law1 a master who smites his slave so that he dies under his hand1 shall be surely punished2 but if the slave continues to live for a day or two after the assault1 the master goes free on the score that the slave is his money4#ci ,muhammed strongly enjoined the duty of kindness to slaves2 yet1 according to ,muhammedan law1 the master may even kill his own slave with impunity for any offence1 and incurs but a slight punishment--as imprisonment for a period at the discretion of the judge--if he kills him wantonly4#dj ,the price of blood for a slave is his or her value2 but by the ,h4anafee law a man is obnoxious to capital punishment for the murder of another man's slave4#da ,footnote #ci3 ,exodus1 xxi4 #bj sq4 ,footnote #dj3 ,lane1 ,manners and ,customs of the ,modern ,egyptians1 p4 #aae4 ,idem1 ,arabian ,society in the ,middle ,ages1 p4 #bea4 ,footnote #da3 ,idem1 ,modern ,egyptians1 p4 #aai4 ,idem1 ,arabian ,society1 p4 #ah sq4 ,among the ancient ,teutons the master was irresponsible in the eye of the law as to all dealings between himself and his slave2 legally the slave was on a par with the horse and the ox1 and to kill him was only to inflict a certain loss upon the owner4#db ,in ancient ,wales the position of a slave seems to have been very similar2 there was no galanas for a bondman1 only payment of his worth to his master1 like the worth of a beast4#dc ,among the ,greeks1 in the ,homeric age1 the master evidently #dbe could punish his slaves with death2#dd but in later times1 at least at ,athens1 he was obliged to hand over to the magistrate any slave of his who deserved capital punishment4#de ,what happened to a master who killed his own slave we do not know exactly1 but at any rate he had to undergo a ceremony of purification4#df ,plato says in his ',laws1' that if a person kills the slave of another in anger1 he shall pay twice the amount of the loss to his owner4#dg ,but he adds1 ,if any one kills a slave who has done no wrong1 because he is afraid that he may inform of some base and evil deeds of his own1 or for any similar reason1 in such a case let him pay the penalty of murder1 as he would have done if he had slain a citizen4#dh ,footnote #db3 ,grimm1 ,deutsche ,rechtsalterthmer1 p4 #cdb sqq4 ,brunner1 ,deutsche ,rechtsgeschichte1 i4 #if4 ,kemble1 ,saxons in ,england1 i4 #bjh sqq4 ,stemann1 op4 cit4 p4 #bha sqq4 ,keyser1 op4 cit4 ii4 pt4 i4 #bhi4 ,footnote #dc3 ,dimetian ,code1 iii4 #c4 #h4 ,footnote #dd3 ,odyssey1 iv4 #gdc2 xix4 #dhi sq4 ,footnote #de3 ,schmidt1 ,ethik der alten ,griechen1 ii4 #bag4 ,hermann-,blmner1 ,lehrbuch der griechischen ,privatalterthmer1 p4 #hh1 n4 #c4 ,footnote #df3 ,plato1 ,leges1 ix4 #hfe1 #hfh4 ,schmidt1 op4 cit4 ii4 #bag sq4 ,footnote #dg3 ,plato1 ,leges1 ix4 #hfh4 ,footnote #dh3 ,ibid4 ix4 #hgb4 ,in ,rome1 in ancient times1 the master had by law the absolute power of life and death over his slaves2 and he who killed another man's slave was not criminally prosecuted1 but had merely to compensate the owner for the destruction of his property4#di ,even during the ,empire a slave was counted a thing1 not a person2 himself incapable of suffering an injuria1 he was viewed as a mechanical medium only1 through which an insult could be transmitted to his master4#ej ,yet this doctrine was not rigidly adhered to4 ,after the publication of the ,lex ,cornelia1 the change was introduced that he who killed a slave belonging to somebody else could be punished for murder2#ea and later on even the master's power of life and death was restricted by law4 ,claudius declared that sick slaves who had been exposed by their owners in a languishing condition1 and afterwards recovered1 should be perfectly free and never more return to their former servitude2 moreover1 if any one chose to kill at once1 rather than expose1 a slave1 he should be liable for murder4#eb #dbf ,by a constitution of ,antoninus ,pius he who put his slave to death without a sufficient cause 7sine causa7 was to be punished equally with him who killed the slave of another4#ec ,hadrian even made an attempt to induce slave-owners to hand over to the authorities slaves who had been guilty of some capital crime1 instead of themselves inflicting the punishment on the guilty4#ed ,footnote #di3 ,mommsen1 ,rmisches ,strafrecht1 p4 #faf4 ,footnote #ej3 ,institutiones1 iv4 #d4 #c4 ,footnote #ea3 ,gaius1 ,institutionum juris civilis commentarii1 iii4 #bac4 ,cf4 ,mommsen1 ,rmisches ,strafrecht1 p4 #faf4 ,footnote #eb3 ,suetonius1 ,claudius1 #be4 ,footnote #ec3 ,gaius1 op4 cit4 i4 #ec4 ,institutiones1 i4 #h4 #b4 ,footnote #ed3 ,spartian1 ,vita ,hadriani1 #ah4 ,cf4 ,mommsen1 ,rmisches ,strafrecht1 p4 #fag1 n4 #b4 ,faithful to her principle that human life is sacred1 the ,church made efforts to secure the life of the slave against the violence of the master2 but neither the ecclesiastical nor the secular legislation gave him the same protection as was bestowed upon the free member of the ,church and ,state4 ,various ,councils punished the murder of a slave with two years' excommunication only1 if the slave had been killed sine conscientia judicis2#ee and the same punishment was adopted by some ,penitentials4#ef ,edgar made the penance last three years1 whereas1 if a freeman was killed1 the penance was of seven years' duration4#eg ,facts do not justify ,mr4 ,lecky's statement that1 in the penal system of the ,church1 the distinction between wrongs done to a freeman1 and wrongs done to a slave1 which lay at the very root of the whole civil legislation1 was repudiated4#eh ,footnote #ee3 ,concilium ,agathense1 ,a4,d4 #ejf1 canon #fb 7,labbe-,mansi1 ,sacrorum ,conciliorum collectio1 viii4 #cce74 ,concilium ,epaonense1 ,a4,d4 #eag1 canon #cd 7ibid4 viii4 #efc74 ,concilium ,wormatiense1 ,a4,d4 #hfh1 canon #ch 7ibid4 xv4 #hgf74 ,footnote #ef3 ,poenitentiale ,cummeani1 vi4 #bi 7,wasserschleben1 ,bussordungen der abendlndischen ,kirche1 p4 #dhj74 ,poenit4 ,pseudo-,theodori1 xxi4 #ab 7ibid4 p4 #ehg74 ,footnote #eg3 ,canons enacted under ,edgar1 ,modus imponendi poenitentiam1 #d1 #aa 7,ancient ,laws and ,institutes of ,england1 p4 #dje sq474 ,footnote #eh3 ,lecky1 ,history of ,european ,morals1 ii4 #ff4 ,mr4 ,lecky states 7ibid4 ii4 #ff sq47 that the ,council of ,illiberis excluded for ever from the communion a master who killed his slave4 ,i have only been able to find the following enactment made by a ,council held at ,illiberis in the beginning of the fourth century3--,si qua domina furore zeli accensa flagris verberaverit ancillam suam1 ita ut in tertium diem animam cum cruciatu effundat2 eo quod incertum sit1 voluntate1 an casu occiderit2 si voluntate1 post septem annos2 si casu1 post quinquennii tempora1 acta legitima poenitentia1 ad communionem placuit admitti 7,concilium ,eliberitanum1 ch4 #e ,labbe-,mansi1 op4 cit4 ii4 #f74 ,beyond a law of ,constantine1 to the effect that a master #dbg who put his slave to death in a non-judicial way1 was to be punished as a murderer1#ei and a reiteration of some previous enactments1 the ,christian emperors seem to have done little to guard the life of the slave4 ,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 manslayer1 it was emphatically said that no charge whatever should be brought against him if the slave died under moderate punishment1 or under any punishment not inflicted with the intention of killing him4#fj ,arcadius and ,honorius even passed a law refusing protection to a slave who should fly to a church for refuge from his master2#fa but this law was1 in the ,west1 followed by regulations of an opposite character4#fb ,the barbarian invasions certainly did not improve the condition of slaves1 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 slave4 ,the ,visigothic ,code prohibited a person from killing any of his slaves who had committed no offence4#fc ,according to the ,capitularia1 the master had to pay a penalty for causing the death of a guiltless slave1 provided that he died at once2 but if he survived the injury only a day or two1 the master was not punishable for his deed1 because the slave was his pecunia4#fd ,in a later period any intentional killing of an innocent slave was punished by law1 but the law probably remained a dead letter4#fe ,in the thirteenth century ,beaumanoir1 the ,french jurisconsult1 could write3--,plus cortoise est nostre coustume envers les sers que en autre pas1 car li segneur poent penre de lor sers1 et mort et vie1 toutes les fois #dbh qu'il lor plest1 et tant qu'il lor plet4#ff ,nay1 even in quite modern times1 in ,christian countries1 where negro slavery prevailed as a recognised institution1 the life of the slave was only inadequately protected by their laws4 ,footnote #ei3 ,codex ,theodosianus1 ix4 #ab4 #a4 ,footnote #fj3 ,ibid4 ix4 #ab4 ,lecky1 ,history of ,european ,morals1 ii4 #fb sq4 ,footnote #fa3 ,codex ,theodosianus1 ix4 #de4 #c4 ,footnote #fb3 ,babington1 ,the ,influence of ,christianity in promoting the ,abolition of ,slavery in ,europe1 p4 #cg4 ,biot1 ,de l'abolition de l'esclavage ancien en ,occident1 p4 #bci4 ,footnote #fc3 ,lex ,wisigothorum1 vi4 #e4 #ab4 ,footnote #fd3 ,capitularia1 vi4 #aa 7,georgisch1 ,corpus ,juris ,germanici antiqui1 col4 #aeac74 ,this law is borrowed from ,exodus1 xxi4 #bj sq4 ,footnote #fe3 ,grimm1 ,deutsche ,rechtsalterthmer1 p4 #cdd sq4 ,cf4 ,potgiesser1 9999,commentarii juris ,germanici de statu servorum veteri perinde atqve novo1 ii4 #a4 #aj1 #ac1 #bd2 iii4 #f 7pp4 #cjh1 #cji1 #caa1 #cab1 #cba1 #fcc sqq474 ,footnote #ff3 ,beaumanoir1 ,les coutumes du ,beauvoisis1 xlv4 #cf1 vol4 ii4 p4 #bcg4 ,in most of the ,british colonies1 it was only by force of comparatively recent acts1 made for the most part subsequent to the year #agig1 that the same punishment was prescribed for the murder of a slave as for the murder of a free person4 ,prior to this period the former crime was subject only to a small pecuniary penalty1 in ,barbados not exceeding #ae4fg ,in the ,french colonies1 according to the ,code ,noir1 a master who killed his slave should be punished selon l'atrocit des circonstances4#fh ,in all the ,north ,american ,slave-,states there was a time when the murder of a slave1 whether by his master or a third person1 was atoned for by a fine4 ,in ,south ,carolina this was the case as late as #ahba1 and only since then the wilful1 malicious1 and premeditated killing of a slave1 by whomsoever perpetrated1 was a capital offence in all the slave-holding ,states4#fi ,but this does not mean that no distinction was made between the killing of a slave and the killing of a freeman4 ,in ,south ,carolina1 according to an enactment of #ahba1 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 months4#gj ,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 master1 or any slave dying under moderate correction2#ga and a very similar provision was made by the laws of ,georgia4#gb ,in other words1 a correction causing the death of the victim #dbi was not necessarily immoderate in the eye of the law4 ,in a still higher degree the life of the slave was endangered by another law1 which prevailed universally both in the ,slave-,states and in the ,british ,colonies4 ,neither a slave1 nor a free negro1 nor any descendant of a native of ,africa whatever might be the shade of his complexion1 could be a witness against a white person1 either in a civil or criminal case4#gc ,this law placed the slave1 who was seldom within the view of more than one white man at a time1 entirely at the mercy of this individual1 and its consequences were obvious4 ,speaking of slavery in the ,united ,states in #ahec1 ,mr4 ,goodell remarks3--,upon the most diligent inquiry and public challenge1 for fifteen or twenty years past1 not one single case has yet been ascertained in which1 either during that time or previously1 a master killing his slave1 or indeed any other white man1 has suffered the penalty of death for the murder of a slave4 ,nevertheless1 murders of slaves by white men had been notoriously frequent4#gd ,footnote #fg3 ,stephen1 ,slavery of the ,british ,west ,india ,colonies delineated1 i4 #cf1 #ch4 ,footnote #fh3 ,code ,noir1 dit donn au mois de ,mars #agbd1 art4 #ci1 p4 #cjd4 ,footnote #fi3 ,brevard1 ,digest of the ,public ,statute ,law of ,south ,carolina1 ii4 #bdj sq4 ,stroud1 ,laws relating to ,slavery in the ,united ,states of ,america1 p4 #ee sq4 ,footnote #gj3 ,stroud1 op4 cit4 p4 #fd4 ,footnote #ga3 ,caruthers and ,nicholson1 ,compilation of the ,statutes of ,tennessee1 p4 #fgg4 ,footnote #gb3 ,prince1 ,digest of the ,laws of the ,state of ,georgia1 p4 #ghg4 ,footnote #gc3 ,brevard1 op4 cit4 ii4 #bdb4 ,stroud1 op4 cit4 p4 #ajf sq4 ,stephen1 ,slavery of the ,british ,west ,india ,colonies1 i4 #aff1 #agd4 ,in the ,french ,colonies1 also1 slaves could not be legal witnesses1 but their testimony might be heard by the judge1 merely to serve as a suggestion1 or unauthenticated information1 which might throw light on the evidence of other witnesses 7,code ,noir1 dit du mois de ,mars #afhe1 art4 #cj1 p4 #dd74 ,footnote #gd3 ,goodell1 ,american ,slave ,code in ,theory and ,practice1 p4 #bji sq4 ,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 condition1 and to the proprietary rights over him which1 in consequence1 have been granted to his master4 ,for similar reasons the killing of a freeman by a slave1 especially if the victim be his owner1 is commonly punished more severely than if the same act were done by a free person4 ,the less the sympathy felt for an individual1 the more intense is the resentment which he excites by offensive behaviour4 ,according to the ,chinese ,penal ,code1 a slave who designedly kills1 or strikes so as to kill1 his master1 shall suffer death by a slow and painful execution4#ge ,plato says that1 if a slave voluntarily murders a freeman1 #dcj the public executioner shall lead him in the direction of the sepulchre of the dead man1 to a place whence he can see the tomb1 and after inflicting upon him as many stripes as the complainant shall order1 put the murderer1 if he survives the scourging1 to death4#gf ,though the slave has committed the act in a fit of passion1 the relatives of the deceased shall nevertheless be under an obligation to kill him1 and this may be done in any manner they please2#gg nay1 even in self-defence a slave is not allowed to kill a freeman1 any more than a son is allowed to kill his father4#gh ,at ,rome1 also1 a slave was more heavily punished for the commission of homicide than a freeman4#gi ,says the ancient jurist1 ,maiores nostri in omni supplicio severius servos quam liberos famosos quam integr fam homines punierunt4#hj ,footnote #ge3 ,ta ,tsing ,leu ,lee1 sec4 cccxiv4 p4 #cch4 ,footnote #gf3 ,plato1 ,leges1 ix4 #hgb4 ,footnote #gg3 ,ibid4 ix4 #hfh4 ,footnote #gh3 ,ibid4 ix4 #hfi4 ,footnote #gi3 ,mommsen1 ,rmisches ,strafrecht1 p4 #fca sq4 ,footnote #hj3 ,digesta1 xlviii4 #ai4 #bh4 #af4 99 99 99 99 99 ,in the estimate of life a distinction is made not only between freemen and slaves1 but between different classes of freemen4 ,among certain peoples a person who kills a chief is punished with death1 though murder is not generally a capital offence4#ha ,where the system of compensation prevails1 the blood-price very frequently varies according to the station or rank of the victim4#hb ,among the ,rejangs of ,sumatra the compensation for the murder of a superior chief is five hundred dollars1 for that of an inferior chief two hundred and fifty dollars2 for that of a common person1 man or boy1 eighty dollars2 for that of a common person1 woman or girl1 one hundred and fifty dollars2 for the legitimate child or wife of a superior chief1 two hundred and fifty dollars4#hc ,the body of every ,ossetian has #dca a settled value in the eyes of the judges1 which seems to be fixed by public opinion2 thus the father of a family bears a higher value than an unmarried man1 and a noble is rated at twice as much as an ordinary freeman4#hd ,in ,eastern ,tibet the murderer of a man of the upper class is fined #abj bricks of tea1 the murderer of a middle-class man only #hj1 and so on down through the social scale1 the life of a beggar being valued at a nominal amount only2 but if the victim was a lama1 the murderer has to pay a much higher price1 possibly #cjj bricks4#he ,according to the doctrine of modern ,buddhism1 when the life of a man is taken1 the demerit increases in proportion to the merit of the person slain4#hf ,the laws of the ,brets and ,scots estimated the life of the king of ,scots at a thousand cows2 that of an earl's son1 or a thane1 at a hundred cows2 that of a villein1 at sixteen cows4#hg ,a similar system prevailed among the ,celtic peoples generally1#hh as also among the ,teutons4 ,a man's wergeld1 or life-price1 varied according to his rank1 birth1 or office2 and so minutely was it graduated1 that a great part of many ,teutonic laws was taken up by provisions fixing its amount in different cases4#hi ,in ,english laws of the ,norman age the wer of a villanus is still only reckoned at #d1 whilst that of the homo plene nobilis is #be4ij ,footnote #ha3 ,woodthorpe1 in ,jour4 ,anthr4 ,inst4 xxvi4 #ba 7,shans74 ,shooter1 ,kafirs of ,natal1 p4 #ajc4 ,footnote #hb3 ,maclean1 ,compendium of ,kafir ,laws and ,customs1 p4 #add4 ,casalis1 ,basutos1 p4 #bbe4 ,ellis1 ,tshi-speaking ,peoples of the ,gold ,coast1 p4 #cja4 ,munzinger1 ,ostafrikanische ,studien1 pp4 #bdb sq4 7,marea71 #cad 7,beni ,amer74 ,forbes1 ,a ,naturalist's ,wanderings in the ,eastern ,archipelago1 p4 #ade 7,lampongers of ,sumatra74 ,modigliani1 ,viaggio a ,nas1 p4 #did4 ,richardson1 ,arctic ,searching ,expedition1 i4 #chf 7,kutchin74 ,gibbs1 loc4 cit4 p4 #aij 7,indians of ,western ,washington and ,north-western ,oregon74 ,paget1 ,hungary and ,transylvania1 ii4 #daa n4 7,hungarians74 ,footnote #hc3 ,crawfurd1 ,history of the ,indian ,archipelago1 iii4 #aab4 ,footnote #hd3 von ,haxthausen1 ,transcaucasia1 p4 #dji4 ,kovalewsky1 ,coutume contemporaine1 p4 #cee sqq4 ,footnote #he3 ,rockhill1 ,land of the ,lamas1 p4 #bba4 ,footnote #hf3 ,hardy1 ,manual of ,budhism1 p4 #dgh4 ,footnote #hg3 ,innes1 ,scotland in the ,middle ,ages1 p4 #ahj sq4 ,footnote #hh3 ,ancient ,laws of ,ireland1 iii4 #ajc1 c4 ,skene1 ,celtic ,scotland1 iii4 #aeb4 de ,valroger1 ,les ,celtes1 p4 #dga4 ,footnote #hi3 ,grimm1 ,deutsche ,rechtsalterthmer1 pp4 #bgb-bge1 #bhi4 ,brunner1 ,deutsche ,rechtsgeschichte1 i4 #ajd1 #aje1 #ajg1 #ajh1 #bbd1 #bdg sqq4 ,kemble1 ,saxons in ,england1 i4 #bgf sqq4 ,footnote #ij3 ,leges ,henrici ,i4 lxx4 #a2 lxxvi4 #d4 ,cf4 ,laws of ,william the ,conqueror1 i4 #h4 ,the magnitude of the crime1 however1 may depend not only on the rank of the victim1 but on the rank of the manslayer as well4#ia ,among the ,philippine ,islanders1 murder committed by a slave was punished with death--committed by a person of rank1 was indemnified by #dcb payments to the injured family4#ib ,in ,fijian estimation1 says ,mr4 ,williams1 offences are light or grave according to the rank of the offender4 ,murder by a chief is less heinous than a petty 9999larceny committed by a man of low rank4#ic ,among the ,e7we-speaking peoples of the ,slave ,coast1 in cases of murder and manslaughter1 if the homicide be of rank superior to the person killed1 he pays the compensation demanded by the family of the latter1 or1 in default of payment1 forfeits his own life4 ,if the homicide be of equal rank with the person killed1 the family of the deceased have the right to demand his life1 though compensation is usually accepted2 but when he is lower in rank his life is nearly always forfeited4#id ,very similar rules prevail among the ,tshi-speaking peoples of the ,gold ,coast4#ie ,among the ,marea1 if a nobleman kills another nobleman1 the family of the deceased generally take revenge on him2 whereas1 if a commoner kills a nobleman1 he is not only executed himself1 but his property is confiscated and his nearest relatives become subject to the murdered man's family4#if ,according to the religious law of ,brahmanism1 the enormity of all crimes depends on the caste of him who commits them1 and on the caste of him against whom they are committed4#ig ,if a ,brhmana slays a ,brhmana1 the king shall brand him on the forehead with a heated iron and banish him from his realm1 but if a man of a lower caste murders a ,brhmana1 he shall be punished with death and the confiscation of all his property4#ih ,if such a person slays a man of equal or lower caste1 other suitable punishments shall be inflicted upon him4#ii ,a fine of a thousand cows is the penalty for slaying a ,kshatriya1 that of a hundred for slaying a ,vaisya1 and that of ten cows only for slaying a ,sdra4#ajj ,in ,rome1 also1 at a certain period of its history1 the #dcc offence was magnified in proportion to the insignificance of the offender4 ,during the ,republic there was no law sanctioning such a distinction1 with reference to crimes committed by free citizens2 but from the beginning of the ,empire1 the citizens were divided into privileged classes and commonalty--uterque ordo and plebs--and1 whilst a commoner who was guilty of murder was punished with death1 a murderer belonging to the privileged classes was generally punished with deportatio only4#aja ,in the ,middle ,ages a similar privilege was granted by ,italian and ,spanish laws to manslayers of noble birth4#ajb ,footnote #ia3 ,these two principles do not always go together4 ,among the ,rejangs the amount of the blood-money is not proportioned to the rank and ability of the murderer1 but regulated only by the quality of the person murdered 7,marsden1 op4 cit4 p4 #bdf74 ,footnote #ib3 ,bowring1 ,visit to the ,philippine ,islands1 p4 #abc4 ,footnote #ic3 ,williams and ,calvert1 ,fiji1 p4 #bb4 ,footnote #id3 ,ellis1 ,e7we-speaking ,peoples1 p4 #bbc4 ,footnote #ie3 ,idem1 ,tshi-speaking ,peoples1 p4 #cja4 ,footnote #if3 ,munzinger1 ,ostafrikanische ,studien1 p4 #bdb1 sq4 ,cf4 ibid4 p4 #cad 7,beni ,amer74 ,footnote #ig3 ,hopkins1 ,religions of ,india1 p4 #bfc4 ,footnote #ih3 ,baudhyana1 i4 #aj4 #ah4 #ah sq4 ,footnote #ii3 ,ibid4 i4 #aj4 #ah4 #bj4 ,footnote #ajj3 ,ibid4 i4 #aj4 #ai4 #a sq4 ,footnote #aja3 ,mommsen1 ,rmisches ,strafrecht1 pp4 #fej1 #ajcb sqq4 ,footnote #ajb3 ,du ,boys1 ,histoire du droit criminel des peuples modernes1 ii4 #djb4 ,idem1 ,histoire du droit criminel de l',espagne1 pp4 #ceg1 #cei4 ,cf4 ibid4 p4 #fce sq4 ,in a society which is divided into different classes1 persons belonging to a higher class are naturally apt to sympathise more with their equals than with their inferiors4 ,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 latter4 ,so1 also1 their resentment towards the criminal will1 ceteris paribus1 be more intense if he is a person of low rank than if he is one of themselves4 ,where the superior class1 as was originally the case everywhere1 are the leaders of such a society1 their feelings will find expression in its customs and laws1 and thus moral distinctions will arise which are readily recognised by the common people also1 owing to the admiration with which they look up to those above them4 ,but in a progressive society this state of things will not last4 ,the different classes gradually draw nearer to each other4 ,the once all-powerful class loses much of its exclusiveness1 as well as of its importance and influence4 ,sympathy expands4 ,in consequence1 distinctions which were formerly sanctioned by custom and law come to be regarded as unjust prerogatives1 worthy only of abolition4 ,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 rights1 the right to live4 ,,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 law4 ,men are killed with a view to gratifying the desires of superhuman beings4 ,we meet with human sacrifice in the past history of every so-called ,aryan race4#a ,it occurred1 at least occasionally1 in ancient ,india1 and several of the modern ,hindu sects practised it even in the last century4#b ,there are numerous indications that it was known among the early ,greeks4#c ,at certain times it prevailed in the ,hellenic cult of ,zeus2#d indeed1 in the second century after ,christ men seem still to have been sacrificed to ,zeus ,lycus in ,arcadia4#e ,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 ,salamis4#f ,in ,rome1 also1 human sacrifices1 though #dce exceptional1 were not unknown in historic times4#g ,pliny records that in the year #ig ,b4,c4 a decree forbidding such sacrifices was passed by the ,roman ,senate1#h and afterwards the ,emperor ,hadrian found it necessary to renew this prohibition4#i ,porphyry asks1 ,who does not know that to this day1 in the great city of ,rome1 at the festival of ,jupiter ,latiaris1 they cut the throat of a man8#aj ,and ,tertullian states that in ,north ,africa1 even to the proconsulship of ,tiberius1 infants were publicly sacrificed to ,saturn4#aa ,human sacrifices were offered by ,celts1#ab ,teutons1#ac and ,slavs2#ad by the ancient ,semites#ae and ,egyptians2#af by the ,japanese in early days2#ag and1 in the ,new ,world1 by the ,mayas#ah and1 to a frightful extent1 by the ,aztecs4 ,scarcely any author1 says ,prescott in his ',history of the ,conquest of ,mexico1' pretends to estimate the yearly sacrifices throughout the empire at less than twenty thousand1 and some carry the number as high as fifty thousand4#ai ,the same practice is imputed by ,spanish writers to the ,incas of ,peru1 and probably not without good reason4#bj ,before their rule1 at all events1 it #dcf was of frequent occurrence among the ,peruvian ,indians4#ba ,it also prevailed1 or still prevails1 among the ,caribs#bb and some ,north ,american tribes2#bc in various ,south ,sea islands1 especially ,tahiti and ,fiji2#bd among certain tribes in the ,malay ,archipelago2#be among several of the aboriginal tribes of ,india2#bf and very commonly in ,africa4#bg ,footnote #a3 ,see ,hehn1 ,wanderings of ,plants and ,animals from their ,first ,home1 p4 #dad sqq4 ,footnote #b3 ,weber1 ,indische ,streifen1 i4 #ed sqq4 ,wilson1 ',human ,sacrifices in the ,ancient ,religion of ,india1' in ,works1 ii4 #bdg sqq4 ,oldenberg1 ,religion des ,veda1 p4 #cfc sqq4 ,barth1 ,religions of ,india1 p4 #eg sqq4 ,monier ,williams1 ,brahmanism and ,hinduism1 p4 #bd4 ,hopkins1 ,religions of ,india1 pp4 #aih1 #cfc4 ,rjendralla ,mitra1 ,indo-,aryans1 ii4 #fi sqq4 ,crooke1 ,popular ,religion and ,folk-,lore of ,northern ,india1 ii4 #afg sqq4 ,chevers1 ,manual of ,medical ,jurisprudence for ,india1 p4 #cif sqq4 ,footnote #c3 ,see ,geusius1 ,victim ,human1 passim2 von ,lasaulx1 ,shnofper der ,griechen und ,rmer1 passim2 ,farnell1 ,cults1 of the ,greek ,states1 i4 #da sq42 ,stengel1 ,die griechischen ,kultusaltertmer1 p4 #aad sqq4 ,footnote #d3 ,cf4 ,farnell1 op4 cit4 i4 #ic2 ,stengel1 op4 cit4 p4 #aaf4 ,footnote #e3 ,pausanias1 viii4 #ch4 #g4 ,footnote #f3 ,plutarch1 ,themistocles1 #ac4 ,footnote #g3 ,idem1 ,questiones ,roman1 #hc4 ,see ,landau1 in ,am ,ur-,quell1 iii4 #ahib1 p4 #bhc sqq4 ,footnote #h3 ,pliny1 ,historia naturalis1 xxx4 #c4 ,footnote #i3 ,porphyry1 ,de abstinentia ab esu animalium1 ii4 #ef4 ,footnote #aj3 ,ibid4 ii4 #ef4 ,footnote #aa3 ,tertullian1 ,apologeticus1 #i 7,migne1 ,patrologi cursus1 i4 #cad74 ,footnote #ab3 ,csar1 ,de bello gallico1 vi4 #af4 ,tacitus1 ,annales1 xiv4 #cj4 ,diodorus ,siculus1 ,bibliotheca1 v4 #ca1 p4 #ced4 ,pliny1 ,historia naturalis1 xxx4 #d4 ,strabo1 iv4 #e1 p4 #aih4 ,joyce1 ,social ,history of ,ancient ,ireland1 i4 #bha sqq4 ,footnote #ac3 ,tacitus1 ,germania1 #i4 ,adam of ,bremen1 ,gesta ,hammaburgensis ecclesi pontificum1 iv4 #bg 7,migne1 op4 cit4 cxlvi4 #fdd74 ,grimm1 ,teutonic ,mythology1 i4 #dd sqq4 ,vigfusson and ,powell1 ,corpus ,poeticum ,boreale1 i4 #dji sq4 ,freytag1 ',riesen und ,menschenopfer in unsern ,sagen und ,mrchen1' in ,am ,ur-,quell1 i4 #ahij1 pp4 #agi-ahc1 #aig sqq4 ,footnote #ad3 ,mone1 ,geschichte des nordischen ,heidenthums1 i4 #aai1 quoted by ,frazer1 ,golden ,bough1 ii4 #eb4 ,krauss1 in ,am ,ur-,quell1 vi4 #ahif1 p4 #acg sqq4 7,servians74 ,footnote #ae3 ,ghillany1 ,die ,menschenopfer der alten ,hebrer1 passim4 ,robertson ,smith1 ,religion of the ,semites1 p4 #cfb sqq4 ,wellhausen1 ,reste arabischen ,heidentums1 p4 #aae sq4 von ,kremer1 ,studien zur vergleichenden ,culturgeschichte1 i4 #db sqq4 ,chwolsohn1 ,die ,ssabier und der ,ssabismus1 ii4 #adg sqq4 ,footnote #af3 ,amlineau1 ,l'volution des ides morales dans l'gypte ,ancienne1 p4 #ab4 ,footnote #ag3 ,griffis1 ,religions of ,japan1 p4 #ge4 ,lippert1 ,seelencult1 p4 #gi4 ,footnote #ah3 ,bancroft1 ,native ,races of the ,pacific ,states1 ii4 #gjd1 #gbe4 ,footnote #ai3 ,prescott1 ,history of the ,conquest of ,mexico1 p4 #ch4 ,cf4 ,clavigero1 ,history of ,mexico1 i4 #bha2 ,acosta1 ,natural and ,moral ,history of the ,indies1 ii4 #cdf4 ,footnote #bj3 ,acosta1 op4 cit4 ii4 #cdd4 de ,molina1 ',fables and ,rites of the ,yncas1' in ,narratives of the ,rites and ,laws of the ,yncas1 pp4 #ee1 #ef1 #ei4 ,according to ,cieza de ,leon 7,segunda parte de la ,crnica del ,per1 p4 #ajj71 the practice of human sacrifice has been much exaggerated by ,spanish writers1 but he does not deny its existence among the ,incas2 nay1 he gives an account of such sacrifices 7ibid4 p4 #aji sqq474 ,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 7,first ,part of the ,royal ,commentaries of the ,yncas1 i4 #acj1 #aca1 #aci sqq4 n4 dagger74 ,cf4 ,prescott1 ,history of the ,conquest of ,peru1 p4 #ej sq4 n4 #c4 ,footnote #ba3 ,garcilasso de la ,vega1 op4 cit4 i4 #ej1 #acj4 ,footnote #bb3 ,mller1 ,geschichte der ,amerikanischen ,urreligionen1 p4 #bab sq4 ,footnote #bc3 ,ibid4 p4 #adb4 sqq4 ,rville1 ,religions des peuples non-civiliss1 i4 #bdi sq4 ,dorman1 ,origin of ,primitive ,superstitions1 p4 #bjh sqq4 ,footnote #bd3 ,schneider1 ,naturvlker1 i4 #aia sq4 ,fornander1 ,account of the ,polynesian ,race1 i4 #abi4 ,ellis1 ,polynesian ,researches1 i4 #ajf1 #cdf-cdh1 #ceg 7,society ,islanders74 ,williams1 ,missionary ,enterprises in the ,south ,sea ,islands1 p4 #edh sq4 7especially the ,hervey ,islanders and ,tahitians74 von ,kotzebue1 ,voyage of ,discovery1 iii4 #bdh 7,sandwich ,islanders74 ,lisiansky1 ,voyage round the ,world1 pp4 #ha sq4 7,nukahivans71 #abj 7,sandwich ,islanders74 ,gill1 ,myths and ,songs from the ,south ,pacific1 p4 #bhi sqq4 7,mangaians74 ,williams and ,calvert1 ,fiji1 pp4 #ahh1 #aie2 ,wilkes1 ,narrative of the ,u4,s4 ,exploring ,expedition1 iii4 #ig2 ,hale1 ,u4,s4 ,exploring ,expedition1 ,vol4 ,,vi4 ,ethnography and ,philology1 p4 #eg 7,fijians74 ,codrington1 ,melanesians1 p4 #acd sqq4 ,footnote #be3 ,ling ,roth1 ,natives of ,sarawak and ,british ,north ,borneo1 ii4 #bae sqq4 ,bock1 ,head-,hunters of ,borneo1 p4 #bah sq4 7,dyaks74 ,footnote #bf3 ,woodthorpe1 in ,jour4 ,anthr4 ,inst4 xxvi4 #bd 7,shans1 c474 ,colquhoun1 ,amongst the ,shans1 p4 #aeb 7,steins inhabiting the south-east of ,indo-,china74 ,lewin1 ,wild ,races of ,south-,eastern ,india1 p4 #bdd 7,pankhos and ,bunjogees74 ,godwin-,austen1 in ,jour4 ,anthr4 ,inst4 ii4 #cid 7,garo hill tribes74 ,dalton1 ,descriptive ,ethnology of ,bengal1 pp4 #adg 7,bhiyas71 #agf 7,bhmij71 #bha 7,gonds71 #bhe sqq4 7,kandhs74 ,hislop1 ,aboriginal ,tribes of the ,central ,provinces1 p4 #ae sq4 7,gonds74 ,macpherson1 ,memorials of ,service in ,india1 p4 #aac sq4 ,campbell1 ,wild ,tribes of ,khondistan1 passim 7,kandhs74 ,footnote #bg3 ,schneider1 ,religion der afrikanischen ,naturvlker1 p4 #aah4 ,reade1 ,savage ,africa1 p4 #eb 7,dahomans1 c474 ,ling ,roth1 ,great ,benin1 p4 #fc sqq4 ,ellis1 ,e7we-speaking ,peoples of the ,slave ,coast1 p4 #aag sqq4 ,idem1 ,yoruba-speaking ,peoples of the ,slave ,coast1 p4 #bif4 ,idem1 ,tshi-speaking ,peoples of the ,gold ,coast1 p4 #afi sqq4 ,cruickshank1 ,eighteen ,years on the ,gold ,coast1 ii4 #agc4 ,schoen and ,crowther1 ,expedition up the ,niger1 p4 #dh sq4 7,ibos74 ,arnot ,garenganze1 p4 #ge 7,barotse74 ,arbousset and ,daumas1 ,exploratory ,tour to the ,north-,east of the ,colony of the ,cape of ,good ,hope1 p4 #ig 7,marimos1 a ,bechuana tribe74 ,macdonald1 ,africana1 i4 #if sq4 7,eastern ,central ,africans74 ,ellis1 ,history of ,madagascar1 i4 #dbb2 ,sibree1 ,the ,great ,african ,island1 p4 #cjc 7,malagasy74 ,from this enumeration it appears that the practice of human sacrifice cannot be regarded as a characteristic of savage races4 ,on the contrary1 it is found much more #dcg frequently among barbarians and semi-civilised peoples than among genuine savages1 and at the lowest stages of culture known to us it is hardly heard of4 ,among some peoples the practice has been noticed to become increasingly prevalent in the course of time4 ,in the ,society ,islands human sacrifices1 we are informed by the natives1 are comparatively of modern institution3 they were not admitted until a few generations antecedent to the discovery of the islands99992#bh and in ancient legends there seems to be certain indications that they were once prohibited in ,polynesia4#bi ,in ,india human sacrifices were apparently much rarer among the ,vedic people than among the ,brahmanists of a later age4#cj ,we are told that such sacrifices were adopted by the ,aztecs only in the beginning of the fourteenth century1 about two hundred years before the conquest1 and that1 rare at first1 they became more frequent with the wider extent of their empire2 till1 at length1 almost every festival was closed with this cruel abomination4#ca ,of the ,africans ,mr4 ,winwood ,reade remarks1 ,the more powerful the nation the grander the sacrifice4#cb ,footnote #bh3 ,ellis1 ,polynesian ,researches1 i4 #ajf4 ,footnote #bi3 ,fornander1 op4 cit4 i4 #abi4 ,footnote #cj3 ,wilson1 ,works1 ii4 #bfh sq4 ,footnote #ca3 ,prescott1 ,history of the ,conquest of ,mexico1 p4 #cf4 ,footnote #cb3 ,reade1 ,savage ,africa1 p4 #eb4 ,men offer up human victims to their gods because they think that the gods are gratified by such offerings4 ,in many cases the gods are supposed to have an appetite for human flesh or blood4#cc ,the ,fijian gods are described as delighting in human flesh4#cd ,among the ,ooryahs of ,india the priest1 when offering a human sacrifice to the war-god ,manicksoro1 said to the god1 ,the sacrifice we now offer you must eat4#ce ,among the ,iroquois1 when an enemy was tortured at the stake1 the savage executioners leaped around him crying1 ,to thee1 ,arieskoi1 great spirit1 we slay this victim1 that thou mayest eat his flesh and be moved thereby to give us henceforth luck and #dch victory over our foes4#cf ,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 gods4#cg ,thus1 in ,mexico1 the high-priest1 after cutting open the victim's breast1 tore forth the yet palpitating heart1 offered it first to the sun1 threw it then at the feet of the idol1 and finally burned it2 sometimes the heart was placed in the mouth of the idol with a golden spoon1 and its lips were anointed with the victim's blood4#ch ,footnote #cc3 ,see ,lippert1 ,seelencult1 p4 #gg sqq42 ,schneider1 ,naturvlker1 i4 #aij4 ,footnote #cd3 ,williams and ,calvert1 op4 cit4 p4 #aie4 ,footnote #ce3 ,campbell1 ,wild ,tribes of ,khondistan1 p4 #baa4 ,cf4 ,macpherson1 ,memorials of ,service in ,india1 p4 #abj 7,kandhs74 ,footnote #cf3 ,mller1 ,geschichte der ,amerikanischen ,urreligionen1 p4 #adb4 ,footnote #cg3 ,bancroft1 op4 cit4 ii4 #cjg1 #caj1 #caa1 #gjg sqq4 ,footnote #ch3 ,clavigero1 op4 cit4 i4 #bgi4 ,but the human victim is not always1 as has been erroneously supposed1#ci intended to serve the god as a food-offering4 ,the ,tshi-speaking peoples of the ,gold ,coast1 as ,major ,ellis observes1 maintain that their gods require not only food1 but attendants2 the ghosts of the human victims sacrificed to them are believed to pass at once into a condition of ghostly servitude to them1 just as those sacrificed at the funerals of chiefs are believed to pass into a ghostly attendance4#dj ,cieza de ,leon mentions the prevalence of a similar belief among the ancient ,peruvians4 ,at the hill of ,guanacaure1 on certain days they sacrificed men and women1 to whom1 before they were put to death1 the priest addressed a discourse1 explaining to them that they were going to serve that god who was being worshipped4#da ,footnote #ci3 ,rville1 ,hibbert ,lectures on the ,native ,religions of ,mexico and ,peru1 p4 #ge sq4 ,idem1 ,prolegomena of the ,history of ,religions1 p4 #acb4 ,trumbull1 ,blood ,covenant1 p4 #ahi4 ,steinmetz1 ,endokannibalismus1 p4 #fj1 n4 #a4 ,schrader1 ,reallexikon der indogermanischen ,altertumskunde1 p4 #fjc4 ,footnote #dj3 ,ellis1 ,tshi-speaking ,peoples of the ,gold ,coast1 p4 #afi4 ,footnote #da3 ,cieza de ,leon1 ,segunda parte de ,crnica del ,per1 p4 #aji4 ,moreover1 an angry god may be appeased simply by the death of him or those who aroused his anger1 or of some representative of the offending community1 or of somebody belonging to the kin of the offender4 ,among the ,e7we-speaking peoples of the ,slave ,coast1 in the case of human victims the gods are not believed to devour the #dci souls2 and as these souls are1 by the majority of the natives1 believed to proceed to ,dead-land like all others1 the object of human sacrifice seems to be to gratify or satiate the malignancy of the gods at the expense of chosen individuals1 instead of leaving it to chance--the victims are in fact slain for the benefit of the community at large4#db ,one reason why the human victims are so frequently criminals1 is no doubt the intention of appeasing the god by offering up to him an individual who is hateful to him4 ,the ,sandwich ,islanders sacrifice culprits to their gods1 as we sacrifice them in ,europe to justice4#dc ,among the ,teutons the execution of a criminal was1 in many cases at least1 a sacrifice to the god whose peculiar cult had been offended by the crime4#dd ,thus the ,frisian law describes as an immolation to the god the punishment of one who violates his temple4#de ,in ancient ,rome the corn thief1 if he was an adult1 was hanged as an offering to ,ceres2#df 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 earth1 ,vesta and ,tellus being the same deity4#dg ,in consequence of the sacrilege of ,menalippus and ,comtho1 who had polluted a temple of ,artemis by their amours1 the ,pythian priestess ordained that the guilty pair should be sacrificed to the goddess1 and that1 besides1 the people should every year sacrifice to her a youth and a maiden1 the fairest of their sex4#dh ,the ,hebrew cherem1 or ban1 was originally applied to malefactors and other enemies of ,yahveh1 and sometimes also to their possessions4 ,cherem1 says ,professor ,kuenen1 is properly dedication to ,yahveh1 which in reality amounted to destruction or annihilation4 ,the persons who were #ddj 'dedicated1' generally by a solemn vow1 to ,yahveh1 were put to death1 frequently by fire1 whereby the resemblance to an ordinary burnt-offering was rendered still more apparent2 their dwellings and property were also consumed by fire2 their lands were left uncultivated for ever4 ,such punishments were very common in the ancient world4 ,but in ,israel1 as elsewhere1 they were at the same time religious acts4#di ,the sacrifice of offenders has1 in fact1 survived in the ,christian world1 since every execution performed for the purpose of appeasing an offended and angry god may be justly called a sacrifice4#ej ,footnote #db3 ,ellis1 ,e7we-speaking ,peoples of the ,slave ,coast1 p4 #aai4 ,footnote #dc3 von ,kotzebue1 op4 cit4 iii4 #bdh4 ,cf4 ,lisiansky1 op4 cit4 #abj4 ,footnote #dd3 von ,amira1 in ,paul's ,grundriss der germanischen ,philologie1 ii4 pt4 ii4 #agg4 ,brunner1 ,deutsche ,rechtsgeschichte1 ii4 #ehg1 #fhd sq4 ,vigtusson and ,powell1 op4 cit4 i4 #daj4 ,gummere1 ,germanic ,origins1 p4 #dfc4 ,footnote #de3 ,lex ,frisionum1 ,additio sapientium1 #ab4 ,footnote #df3 ,granger1 ,worship of the ,romans1 p4 #bfj4 ,footnote #dg3 ,ovid1 ,fasti1 vi4 #deg sq4 ,cf4 ,mommsen1 ,rmisches ,strafrecht1 p4 #ijb4 ,footnote #dh3 ,pausanias1 vii4 #ai4 #d4 ,footnote #di3 ,kuenen1 ,religion of ,israel1 i4 #bij sq4 ,footnote #ej3 ,see supra1 p4 #aig sq4 ,for various instances of expiatory human sacrifice1 involving vicarious atonement1 see supra1 p4 #ff sq4 ,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 deity4 ,probably they have not always definite views on the subject themselves4 ,they know1 or believe1 that on some certain occasion1 they are in danger of losing their lives2 they attribute this to the designs of a supernatural being2 and1 by sacrificing a man1 they hope to gratify that being's craving for human life1 and thereby avert the danger from themselves4 ,that this principle mainly underlies the practice of human sacrifice appears from the circumstances in which such sacrifices generally occur4 ,human victims are often offered in war1 before a battle1 or during a siege4 ,csar wrote of the ,gauls1 ,they who are engaged in battles and dangers1 either sacrifice men as victims1 or vow that they will sacrifice them 4 4 4 2 because they think that unless the life of a man be offered for the life of a man1 the mind of the immortal gods cannot be rendered propitious4#ea ,the ,lusitanians sacrificed a man and a horse at the commencement of a military enterprise4#eb ,before going to war1 or before the beginning of a battle1 or during a siege1 the ,greeks offered a human victim to ensure victory4#ec ,when hard-pressed in battle1 #dda the ,king of ,moab sacrificed his eldest son as a burnt offering on the wall4#ed ,in times of great calamities1 such as war1 the ,phenicians sacrificed some of their dearest friends1 who were selected by votes for this purpose4#ee ,during a battle with king ,gelo of ,syracuse1 the general ,hamilcar sacrificed innumerable human victims1 from dawn to sunset2#ef and when ,carthage was reduced to the last extremities1 the noble families were compelled to give up two hundred of their sons to be offered to ,baal4#eg ,in ,hindu scriptures and traditions success in war is promised to him who offers a man in sacrifice4#eh ,in ,jeypore the blood-red god of battle is propitiated by human victims4 ,thus1 on the eve of a battle1 or when a new fort1 or even an important village is to be built1 or when danger of any kind is to be averted1 this sanguinary being must be propitiated with human blood4#ei ,in ,great ,benin human blood was shed in a case of common danger when an enemy was at the gate of the city4#fj ,the ,yorubas sacrifice men in times of national need4#fa ,among the ,e7we-speaking peoples of the ,slave ,coast1 such sacrifices are ordinarily only made in time of war1 pestilence1 or great calamity4#fb ,the ,tahitians offered human sacrifices in seasons of war1 or when war was in agitation4#fc ,footnote #ea3 ,csar1 ,de bello gallico1 vi4 #af4 ,footnote #eb3 ,livy1 ,epitome1 #di4 ,footnote #ec3 ,pausanias1 iv4 #i4 #d sqq42 ix4 #ag4 #a4 ,plutarch1 ,themistocles1 #ac4 ,idem1 ,aristides1 #i4 ,idem1 ,pelopidas1 #ba sq4 ,lycurgus1 ,oratio in ,leocratem1 7ch4 #bd7 #ii4 ,apollodorus1 ,bibliotheca1 iii4 #ae4 #d4 ,porphyry1 ,de abstinentia ab esu animalium1 ii4 #ef4 ,geusius1 op4 cit4 i4 ch4 #af sq4 ,stengel1 op4 cit4 p4 #aae sq4 ,footnote #ed3 #b ,kings1 iii4 #bg4 ,footnote #ee3 ,porphyry1 op4 cit4 ii4 #ef4 ,footnote #ef3 ,herodotus1 vii4 #afg4 ,footnote #eg3 ,diodorus ,siculus1 xx4 #ad4 ,footnote #eh3 ,chevers1 op4 cit4 p4 #cii4 ,footnote #ei3 ,campbell1 ,wild ,tribes of ,khondistan1 p4 #eb4 ,footnote #fj3 ,ling ,roth1 ,great ,benin1 p4 #gb4 ,footnote #fa3 ,ellis1 ,yoruba-speaking ,people of the ,slave ,coast1 p4 #bif4 ,footnote #fb3 ,idem1 ,e7we-speaking ,peoples of the ,slave ,coast1 p4 #aag4 ,footnote #fc3 ,ellis1 ,polynesian ,researches1 i4 #bgf sqq41 #cdf4 ,after a victory1 captured enemies are sacrificed to the god to whose assistance the success is ascribed4 ,this sacrifice has been represented as a thank-offering2#fd but1 in many cases at least1 it seems to be offered either to fulfil a vow previously made1 or to induce the god to continue his favours for the future4#fe ,among the ,kayans of ,borneo it is the custom that1 when captives are brought to an enemy's country1 one should suffer death1 to bring prosperity and abolish the curse of the enemy in their lands4#ff ,footnote #fd3 ,diodorus ,siculus1 xx4 #fe 7,carthaginians74 de ,molina1 loc4 cit4 p4 #ei 7,incas72 c4 ,footnote #fe3 ,ellis1 ,tshi-speaking ,peoples1 p4 #agj4 ,cruickshank1 op4 cit4 ii4 #agc4 ,dubois1 ,character1 ,manners1 and ,customs of the ,people of ,india1 p4 #dhh4 ,jordanes1 ,de origine actibusque ,getarum1 #e 7#da74 ,cf4 ,jephthah's vow 7,judges1 xi4 #cj sqq474 ,footnote #ff3 ,brook1 ,ten ,years in ,sarwak1 ii4 #cjd sq4 ,human sacrifices are offered for the purpose of stopping or preventing epidemics4 #ddb ,the ,phenicians sacrificed some of their dearest friends1 not only in war1 but in times of pestilence4#fg ,in similar circumstances the ancient ,greeks had recourse to human sacrifices4#fh ,in seasons of great peril1 as when a pestilence was raging1 the ancient ,italians made a vow that they would sacrifice every living being that should be born in the following spring4#fi ,in ,west ,gothland1 in ,sweden1 the people decreed a human sacrifice to stay the digerdd1 or ,plague1 hence two beggar children1 having just then come in1 were buried alive4#gj ,in ,fur1 in ,denmark1 there is a tradition that1 for the same purpose1 a child was interred alive in the burial ground4#ga ,among the ,chukchi1 in #ahad1 when a sudden and violent disease had broken out and carried off both men and reindeer1 the ,shamans1 after having had recourse in vain to their usual conjurations1 determined that one of the most respected chiefs must be sacrificed to appease the irritated spirits4#gb ,in ,great ,benin1 when the doctors declared a man had died owing to ,ogiwo1 if they think an epidemic imminent1 they can tell ,overami the king that ,ogiwo vex4 ,then he can take a man and a woman1 all the town can fire guns and beat drums4 ,the man and woman are brought out1 and the head ,jujuman can make this prayer3 ',oh1 ,ogiwo1 you are very big man2 don't let any sickness come for ,ado4 ,make all farm good1 and every woman born man son4'#gc ,in the same country twelve men1 besides various animals1 were offered yearly on the anniversary of the death of ,adolo1 king ,overami's father4 ,king ,overami1 calling his father loudly by name1 spoke as follows3 ,oh1 ,adolo1 our father1 look after all ,ado that is1 ,great ,benin1 don't let any sickness come to us1 look after me and my people1 our slaves1 cows1 goats1 and fowls1 and everything in the farms4#gd ,footnote #fg3 ,porphyry1 op4 cit4 ii4 #ef4 ,footnote #fh3 ,geusius1 op4 cit4 i4 ch4 #ac4 ,stengel1 op4 cit4 p4 #aaf4 ,frazer1 ,golden ,bough1 iii4 #abe sq4 ,footnote #fi3 ,festus1 ,de verborum significatione1 ',ver sacrum1' ,mller's edition1 p4 #cgi4 ,nonius ,marcellus1 ,de proprietate sermonis1 ',versacrum1' p4 #ebb4 ,servius1 ,in ,virgilii neidos1 vii4 #gif4 ,footnote #gj3 ,afzelius1 ,swenska ,folkets ,sago-,hfder1 iv4 #aha4 ,footnote #ga3 ,nyrop1 ,romanske ,mosaiker1 p4 #fi1 n4 #a4 ,footnote #gb3 von ,wrangell1 ,expedition to the ,polar ,sea1 p4 #abb sq4 ,footnote #gc3 ,moor and ,roupell1 quoted by ,read and ,dalton1 ,antiquities from the ,city of ,benin1 p4 #g2 also by ,ling ,roth1 ,great ,benin1 p4 #ga sq4 ,footnote #gd3 ,moor and ,roupell1 quoted by ,ling ,roth1 op4 cit4 p4 #gj sq42 also by ,read and ,dalton1 op4 cit4 p4 #f4 ,the sacrifice of human victims is resorted to as a method of putting an end to a devastating famine4 #ddc ,instances of this practice are reported to have occurred among the ancient ,greeks#ge and ,phenicians4#gf ,in a grievous famine1 after other great sacrifices1 of oxen and of men1 had proved unavailing1 the ,swedes offered up their own king ,dmaldi4#gg ,chinese annals tell us that there was a great drought and famine for seven years after the accession of ,t'ang1 the noble and pious man who had overthrown the dynasty of ,shang4 ,it was then suggested at last by some one that a human victim should be offered in sacrifice to ,heaven1 and prayer be made for rain1 to which ,t'ang replied1 ,if a man must be the victim ,i will be he4#gh ,up to quite recent times1 the priests of ,lower ,bengal have1 in seasons of scarcity1 offered up children to ,siva2 in the years #ahfe and #ahff1 for instance1 recourse was had to such sacrifices in order to avert famine4#gi ,footnote #ge3 ,pausanias1 vii4 #ai4 #c sq4 ,diodorus ,siculus1 iv4 #fa4 #a sqq4 ,geusius1 op4 cit4 i4 ch4 #ad4 ,footnote #gf3 ,porphyry1 op4 cit4 ii4 #ef4 ,footnote #gg3 ,snorri ,sturluson1 ',ynglingasaga1' #ae1 in ,heimskringla1 i4 #cj4 ,footnote #gh3 ,legge1 ,religions of ,china1 p4 #ed4 ,footnote #gi3 ,hunter1 ,annals of ,rural ,bengal1 i4 #abh4 ,for people subsisting on agriculture a failure of crops means starvation and death1#hj and is1 consequently1 attributed to the murderous designs of a superhuman being1 such as the earth spirit1 the morning star1 the sun1 or the rain-god4 ,by sacrificing to that being a man1 they hope to appease its thirst for human blood2 and whilst some resort to such a sacrifice only in case of actual famine1 others try to prevent famine by making the offering in advance4 ,this ,i take to be the true explanation of the custom of securing good crops by means of human sacrifice1 of which many instances have been produced by ,dr4 ,frazer4#ha ,there are obvious links between this custom and that of the actual famine-sacrifice4 ,thus the ancient ,peruvians sacrificed children after harvest1 when they prepared to make ready the land for the next year1 not every year1 however1 but only when the weather was not good1 and seasonable4#hb ,in ,great ,benin1 if there is too much #ddd rain1 then all the people would come from farm and beg ,overami the king to make juju1 and sacrifice to stop the rain4 ,accordingly a woman was taken1 a prayer made over her1 and a message saluting the rain god put in her mouth1 then she was clubbed to death and put up in the execution tree so that the rain might see4 4 4 4 ,in the same way if there is too much sun so that there is a danger of the crops spoiling1 ,overami can sacrifice to the ,sun ,god4#hc ,the principle of substitution admits of a considerable latitude in regard to the stage of danger at which the offering is made2 the danger may be more imminent1 or it may be more remote4 ,this holds good of various kinds of human sacrifice1 not only of such sacrifices as are intended to influence the crops4 ,i am unable to subscribe to the hypothesis cautiously set forth by ,dr4 ,frazer1 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 such4 ,so far as ,i can see1 ,dr4 ,frazer has adduced no satisfactory evidence in support of his supposition2 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 occasions1 and explicable from the same principle1 that of substitution4 ,footnote #hj3 ,cf4 ,sleeman1 ,rambles and ,recollections1 i4 #bjd sqq43--,in ,india1 unfavourable seasons produce much more disastrous consequences than in ,europe4 4 4 4 ,more than three-fourths of the whole population are engaged in the cultivation of the land1 and depend upon its annual returns for subsistence4 4 4 4 ,tens of thousands die here of starvation1 under calamities of season1 which in ,europe would involve little of suffering to any class4 ,footnote #ha3 ,frazer1 ,golden ,bough1 ii4 #bch sqq4 ,footnote #hb3 ,herrera1 op4 cit4 ii4 #aaa4 ,footnote #hc3 ,moor and ,roupell1 quoted by ,read and ,dalton1 op4 cit4 p4 #g2 also by ,ling ,roth1 ,great ,benin1 p4 #ga4 ,the best known case of human sacrifices1 systematically offered to ensure good crops1 says ,dr4 ,frazer1 is supplied by the ,khonds or ,kandhs4 ,the victims1 or ,meriahs1 are represented by our authorities#hd as being offered to propitiate the ,earth goddess1 ,tari ,pennu or ,bera ,pennu1 but from their treatment both before and after death it appears to ,dr4 ,frazer that the custom cannot be explained as merely a propitiatory sacrifice4 ,the flesh and the ashes of the ,meriah1 he observes1 were believed to possess a magic power of fertilising the land1 quite independent of the indirect efficacy which they might have as an offering to secure the goodwill of the deity4 ,for1 though a part of the flesh was offered to the ,earth ,goddess1 the rest of it #dde was buried by each householder in his fields1 and the ashes of the other parts of the body were scattered over the fields1 laid as paste on the granaries1 or mixed with the new corn4 ,the same intrinsic power was ascribed to the blood and tears of the ,meriah1 his blood causing the redness of the turmeric and his tears producing rain2 and magic power as an attribute of the victim appears1 also in the sovereign virtue believed to reside in anything that came from his person1 as his hair or spittle4 ,considering further that1 according to our authorities1 the ,meriah was regarded as something more than mortal1 or that a species of reverence1 which it is not easy to distinguish from adoration1 is paid to him1 ,dr4 ,frazer concludes that he may originally have represented the ,earth deity or perhaps a deity of vegetation1 and that he only in later times came to be regarded rather as a victim offered to a deity than as himself an incarnate deity4#he ,footnote #hd3 ,campbell1 ,wild ,tribes of ,khondistan4 ,macpherson1 ,memorials of ,service in ,india4 ,footnote #he3 ,frazer1 op4 cit4 ii4 #bde sq4 ,the premise on which ,dr4 ,frazer bases his argument appears to me quite untenable4 ,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 deity4#hf ,a sacrifice is very commonly believed to be endowed with such a power1 not as an original quality1 but in consequence of its contact or communion with the supernatural being to which it is offered4 ,just as the ,meriah of the ,kandhs is taken round the village1 from door to door1 and some pluck hair from his head1 while others beg for a drop of his spittle1 so1 among the nomadic ,arabs of ,morocco1 at the ,muhammedan ,great ,feast1 a man dressed in the bloody skin of the sheep which has been sacrificed on that occasion1 goes from tent to tent1 and beats each tent with his stick so as to confer blessings on its inhabitants4 ,for he is now endowed with l-baraka del-7id1 the benign virtue of the feast2 and the same power is ascribed to various parts of the sacrificed sheep1 which are consequently used for magical purposes4 ,if ,dr4 ,frazer's way of arguing were correct we should have to conclude that the victim was originally the god himself1 or a representative of the god1 to whom it is now offered in sacrifice4 ,but the absurdity of any such inference becomes apparent at once when we consider that1 in ,morocco1 every offering to a holy person1 for instance to a deceased saint1 is considered to participate in its sanctity4 ,when the saint has his feast1 and animals and other presents are brought to his tomb1 it is customary for his descendants--who have a right to the offerings--to distribute #ddf some flesh of the slaughtered animals among their friends1 thereby conferring l-baraka of the saint upon those who eat it2 and even candles which have been offered to the saint are given away for the same purpose1 being instinct with his baraka4 ,of course1 what holds good of the ,arabs in ,morocco does not necessarily hold good of the ,kandhs of ,bengal2 but it should be remembered that ,dr4 ,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 himself2 and the facts ,i have recorded certainly prove the arbitrariness of this supposition4 ,footnote #hf3 ,ibid4 ii4 #bdf4 ,this is by no means the only objection which may be raised against ,dr4 ,frazer's hypothesis4 ,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 authorities4 ,mr4 ,macpherson states that the human sacrifice to ,tari ,pennu was celebrated as a public oblation by tribes1 branches of tribes1 or villages1 both at social festivals held periodically1 and when special occasions demanded exceptional propitiations4 ,it was celebrated upon the occurrence of an extraordinary number of deaths by disease2 or should very many die in childbirth2 or should the flocks or herds suffer largely from disease1 or from wild beasts2 or should the greater crops threaten to fail2 while the occurrence of any marked calamity to the families of the chiefs1 whose fortunes were regarded as the principal indication of the disposition of ,tari towards their tribes1 was held to be a token of wrath which could not be too speedily averted4#hg ,moreover1 besides these social offerings1 the rite was performed by individuals to avert the wrath of ,tari from themselves and their families1 for instance1 if a child1 when watching his father's flock1 was carried off by a tiger4#hh ,so1 also1 ,mr4 ,campbell observes that the human blood was offered to the ,earth goddess1 in the hope of thus obtaining abundant crops1 averting calamity1 and insuring general prosperity2#hi or that it was supposed that good crops1 and safety from all disease and accidents1 were ensured by this slaughter4#ij ,according to another authority1 ,mr4 ,russell1 the assembled multitude1 when dancing round the victim1 addressed the earth in the following words1 ,o ,god1 we offer this sacrifice to you2 give us good crops1 seasons1 and health4#ia ,nor was the magic #ddg virtue of the ,meriah utilised solely for the benefit of the crops4 ,according to one account1 part of the flesh was buried near the village idol as an offering to the earth1 and part on the boundaries of the village2#ib whilst in the invocation made by the priest1 the goddess was represented as saying1 ,let each man place a shred of the flesh in his fields1 in his grain-store1 and in his yard4#ic ,the ashes1 again1 were scattered over the fields1 or laid as paste over the houses and granaries4#id ,it is also worth noticing that1 among the ,kandhs of ,maji ,deso1 the offering was not at all made for the special purpose of obtaining cereal produce1 but for general prosperity1 and blessings for themselves and families2#ie and that in the neighbouring principality1 ,chinna ,kimedy1 inhabited for the most part by ,ooryahs1 the sacrifice was not offered to the earth alone1 but to a number of deities1 whose power is essential to life and happiness1 especially to the god of war1 the great god1 and the sun god4#if ,now1 whilst all these facts are in perfect agreement with the theory of substitution1 they certainly do not justify the supposition that the ,meriah was the representative of a deity of vegetation4 ,footnote #hg3 ,macpherson1 op4 cit4 p4 #aac sq4 ,see1 also1 ibid4 pp4 #abj1 #abh sqq4 ,footnote #hh3 ,ibid4 p4 #aac sq4 ,footnote #hi3 ,campbell1 op4 cit4 p4 #ea4 ,footnote #ij3 ,ibid4 p4 #ef4 ,cf4 ibid4 p4 #gc4 ,footnote #ia3 ,russell1 quoted ibid4 p4 #ed4 ,footnote #ib3 ,russell1 quoted ibid4 p4 #ee4 ,footnote #ic3 ,macpherson1 op4 cit4 p4 #abb sq4 ,footnote #id3 ,ibid4 p4 #abh4 ,footnote #ie3 ,campbell1 op4 cit4 p4 #aha4 ,footnote #if3 ,ibid4 p4 #abj4 ,cf4 ibid4 p4 #aig3--;,among the ,ooryahs human sacrifice is performed on important occasions1 such as going to battle1 building a fort in an important village1 and to avert any threatened danger4 ,the same may be said about other cases mentioned by ,dr4 ,frazer1 when more closely examined4 ,the ,indians of ,guayaquil1 in ,ecuador1 he says1 used to sacrifice human blood and the hearts of men when they sowed their fields4#ig ,but our authority1 ,cieza de ,leon1 adds that those ,indians also offered human victims when their chiefs were sick to appease the wrath of their gods4#ih ,the ,pawnees1 ,dr4 ,frazer writes1 annually sacrificed a human victim in spring when they sowed their fields4 ,the sacrifice was believed to have been enjoined on them by the ,morning ,star1 or by a certain bird which the ,morning ,star had sent to them as its messenger 4 4 4 4 ,they thought that an omission of this sacrifice would be followed by the total failure of the crops of maize1 beans1 and pumpkins4#ii ,james1 to whom ,dr4 ,frazer refers1 and other authorities say that the human sacrifice was a propitiatory offering made to that star1#ajj a planet which especially with the ,skidi--the only section #ddh of the ,pawnees who offered human sacrifices--was an object of superstitious veneration4#aja ,sickness1 misfortune1 and personal mishaps of various kinds were often spoken of as attributable to the incurred ill-will of the heavenly bodies2#ajb and the object of the sacrifice to the morning star is expressly said to have been to avert the evil influences exerted by that planet4#ajc ,according to ,mr4 ,dunbar1 whose important#ajd article dealing with the subject has escaped ,dr4 ,frazer's notice1 the design of the bloody ordeal was to conciliate that being and secure a good crop4 ,hence1 he continues1 it has been supposed that the morning star was regarded by them as presiding over agriculture1 but this was a mistake4 ,they sacrificed to that star because they feared it1 imagining that it exerted malign influence if not well disposed4 ,it has also been stated that the sacrifice was made annually4 ,this1 too1 was an error4 ,it was made only when special occurrences were interpreted as calling for it4#aje ,at the present day the ,indians speak of the sacrifice as having been made to ,ti-ra'-wa1 the ,supreme ,being or the deity who is in and of everything4#ajf ,in the detailed account of the rite1 which was given to ,mr4 ,grinnell by an old chief who had himself witnessed it several times1 it is said3--,while the smoke of the blood and the buffalo meat1 and of the burning body1 ascended to the sky1 all the people prayed to ,ti-ra'-wa1 and walked by the fire and grasped handfuls of the smoke1 and passed it over their bodies and over those of their children1 and prayed ,ti-ra'-wa to take pity on them1 and to give them health1 and success in war1 and plenteous crops 4 4 4 4 ,this sacrifice always seemed acceptable to ,ti-ra'-wa1 and when the ,skidi made it they always seemed to have good fortune in war1 and good crops1 and they were always well4#ajg ,according to this description1 then1 the human sacrifice of the ,pawnees1 like that of the ,kandhs1 was not an exclusively agricultural rite1 but was performed for the purpose of averting dangers of various kinds4 ,and this is also suggested by ,mr4 ,dunbar's relation of the last instance of this sacrifice1 which occurred in ,april1 #ahch4 ,in the previous winter the ,skidi1 soon after starting on their hunt1 had a successful fight with a band of ,oglala ,dacotahs1 and fearing that the ,dacotahs would retaliate by coming upon them in overwhelming force1 #ddi they returned for safety to their village before taking a sufficient number of buffaloes4 ,with little to eat1 they lived miserably1 lost many of their ponies from scarcity of forage1 and1 worst of all1 one of the captives proved to have the small-pox1 which rapidly spread through the band1 and in the spring was communicated to the rest of the tribe4 ,all these accumulated misfortunes the ,ski'-di attributed to the anger of the morning star2 and accordingly they resolved to propitiate its favour by a repetition of the sacrifice1 though in direct violation of a stipulation made two years before that the sacrifice should not occur again4#ajh ,footnote #ig3 ,frazer1 op4 cit4 ii4 #bch4 ,footnote #ih3 ,cieza de ,leon1 ,la ,crnica del ,per parte primera1 ch4 #ee 7,biblioteca de autores espaoles1 xxvi4 #dji74 ,footnote #ii3 ,frazer1 op4 cit4 ii4 #bch4 ,footnote #ajj3 ,james1 ,expedition from ,pittsburg to the ,rocky ,mountains1 i4 #ceg4 ,grinnell1 ,pawnee ,hero ,stories and ,folk-,tales1 p4 #ceg4 ,dunbar1 ',pawnee ,indians1' in ,magazine of ,american ,history1 viii4 #gch4 ,footnote #aja3 ,dunbar1 loc4 cit4 p4 #gch4 ,footnote #ajb3 ,ibid4 p4 #gcf4 ,footnote #ajc3 ,grinnell1 op4 cit4 p4 #ceg4 ,footnote #ajd3 ,mr4 ,dunbar is born and reared among the ,pawnees1 familiar with them until early manhood1 a frequent visitor to the tribe in later years 7,grinnell1 op4 cit4 p4 #bac74 ,footnote #aje3 ,dunbar1 loc4 cit4 p4 #gch sq4 ,footnote #ajf3 ,grinnell1 op4 cit4 pp4 #ceg1 #ceh1 xvii4 ,footnote #ajg3 ,ibid4 p4 #cfg4 ,footnote #ajh3 ,dunbar1 loc4 cit4 p4 #gdj4 ,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 occasions1#aji were regarded as representatives of a spirit or god4 ,they were offered up to ,bhmsen1 the chief object of worship among the ,gonds1 represented by a piece of iron fixed in a stone or in a tree1#aaj now to sanctify a marriage1 now to be wedded to the soil1 and again to be given away to the evil spirit of the epidemic raging1 or on the eve of a struggle4#aaa ,footnote #aji3 ,frazer1 op4 cit4 ii4 #bda4 ,footnote #aaj3 ,panjab ,notes and ,queries1 #eej1 vol4 ii4 #ij4 ,footnote #aaa3 ,ibid4 #gba1 vol4 ii4 #abg sq4 ,dr4 ,frazer writes3--,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 4 4 4 4 ,a similar sacrifice used to be annually offered at ,benin4#aab ,but ,dr4 ,frazer omits an important fact mentioned or alluded to by the two authorities he quotes which gives us the key to the custom1 without suggesting that it has anything to do with the corn-spirit4 ,adams states that the young woman was impaled to propitiate the favour of the goddess presiding over the rainy season1 that she may fill the horn of plenty4#aac ,and ,m4 ,bouche observes1 ,au ,bnin1 on a conserv jusqu' prsent un usage qui rgnait jadis ,lagos et ailleurs3 celui d'empaler une jeune fille1 au commencement de la saison des pluies1 afin de rendre les orichas propices aux rcoltes4#aad ,from these statements it appears that the sacrifice was intended to influence the rain1 on which the crops essentially depend4 ,that its immediate object was to produce rain is expressly affirmed by ,sir ,r4 ,burton4 ,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-buzzards4 ,the people declared it to be a 'fetish1' or #dej charm for bringing rain4#aae ,we have previously noticed that the people of ,benin also have recourse to a human sacrifice if there is too much rain1 or too much sun1 so that the crops are in danger of being spoiled4#aaf ,the theory of substitution accounts for all these cases4 ,footnote #aab3 ,frazer1 op4 cit4 ii4 #bci4 ,footnote #aac3 ,adams1 ,sketches taken during ,ten ,voyages to ,africa1 p4 #be4 ,footnote #aad3 ,bouche1 ,sept ans en ,afrique occidentale1 p4 #acb4 ,footnote #aae3 ,burton1 ,abeokuta1 i4 #ai n499 ,footnote #aaf3 ,supra1 p4 #ddc sq4 ,the practice of offering human victims for the purpose of preventing drought and famine by producing rain is apparently not restricted to ,west ,africa4 ,in the beginning of their year1 the ancient ,mexicans sacrificed many prisoners of war and children who had been purchased for that purpose1 to the gods of water1 so as to induce them to give the rain necessary for the crops4#aag ,the ,pipiles of ,guatemala celebrated every year two festivals which were accompanied by human sacrifices1 the one in the beginning of the rainy season1 the other in the beginning of the dry season4#aah ,in ,india1 among the aboriginal tribes to the south-west of ,beerbhoom1 ,sir ,w4 ,w4 ,hunter heard vague reports of human sacrifices in the forests1 with a view to procuring the early arrival of the rains4#aai ,without venturing to express any definite opinion on a very obscure subject which has already led to so many guesses1#abj ,i may perhaps be justified in here calling attention to the fact that ,zeus ,lycus1 in whose cult human sacrifices played a prominent part1 was conceived of as a god who sent the rain4#aba ,it appears from ancient traditions or legends that the idea of procuring rainfall by means of such sacrifices was not unfamiliar to the ,greeks4 ,a certain ,molpis offered himself to ,zeus ,ombrios1 the rain-god1 in time of drought4#abb ,pausanias tells us that once1 when a drought had for some time afflicted ,greece1 messengers were sent to ,delphi to inquire the cause1 and to beg for a riddance of the evil4 ,the ,pythian priestess told them to propitiate ,zeus1 and that ,aeacus should be the intercessor2 and then ,aeacus1 by sacrifices and prayers to ,panhellenian ,zeus1 procured rain for ,greece4#abc ,but ,diodorus adds that the drought and famine1 whilst ceasing in all other parts of the country1 still continued in ,attica1 so that the #dea ,athenians once more resorted to the ,oracle4 ,the answer was now given them that they had to expiate the murder of ,androgeus1 and that this should be done in any way his father1 ,minos1 required4 ,the satisfaction demanded by the latter was1 that they every nine years should send seven boys and as many girls to be devoured by the ,minotaur1 and that this should be done as long as the monster lived4 ,so the 9999,athenians did1 and the calamity ceased4#abd ,footnote #aag3 ,sahagun1 ,historia general de las cosas de ,nueva ,espaa1 i4 #ej4 ,torquemada1 ,monarchia ,indiana1 ii4 #bea4 ,clavigero1 op4 cit4 i4 #big4 ,footnote #aah3 ,stoll1 ,ethnologie der ,indianerstmme von ,guatemala1 p4 #df4 ,footnote #aai3 ,hunter1 ,annals of ,rural ,bengal1 i4 #abh4 ,footnote #abj3 ,see ,immerwahr1 ,die ,kulte und ,mythen ,arkadiens1 i4 #af sqq4 ,professor ,robertson ,smith suggests 7',sacrifice1' in ,encyclopdia ,britannica1 xxi4 #acf7 that the human sacrifices offered to ,zeus ,lycus were originally cannibal feasts of a wolf tribe4 ,footnote #aba3 ,pausanias1 viii4 #ch4 #d4 ,farnell1 op4 cit4 i4 #da4 ,footnote #abb3 ,farnell1 op4 cit4 i4 #db4 ,footnote #abc3 ,pausanias1 ii4 #bi4 #g sq4 ,footnote #abd3 ,diodorus ,siculus1 op4 cit4 iv4 #fa4 #a sqq4 ,as an instance of the close relationship which exists between human sacrifices offered for agricultural purposes and other human sacrifices1 the following case may also be mentioned4 ,according to ,strachey1 the ,indians in some part of ,virginia had a yearly sacrifice of children4 ,these sacrifices they held so necessary that if they should omit them1 they supposed their gods would let them no deare1 turkies1 corne1 nor fish1 and1 besides1 would make a great slaughter amongst them4#abe ,footnote #abe3 ,strachey1 ,history of ,travaile into ,virginia ,britannia1 p4 #ie sq4 ,men require for their subsistence not only food1 but drink4 ,hence when the earth fails to supply them with water1 they are liable to regard it as an attempt against their lives1 which can be averted only by the sacrifice of a human substitute4 ,in ,india1 in former times1 human victims were offered to several minor gods whenever a newly excavated tank failed to produce sufficient water4#abf ,in ,kthiwr1 for instance1 if a pond had been dug and would not hold water1 a man was sacrificed2 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 headman4#abg ,there is a legend that1 when the bed of the ,saugor lake remained dry1 the builder was told1 in a dream1 or by a priest1 that it would continue so till he should consent to sacrifice his own daughter1 then a girl1 and the young lad to whom she had been affianced1 to the tutelary god of the place4 ,he accordingly built a little shrine in the centre of the valley1 which was to become the bed of the lake1 put the two children in1 and built up the doorway4 ,he had no sooner done so than the whole of the valley became filled with water4#abh ,when ,colonel ,campbell was rescuing ,meriahs among the #deb ,kandhs1 it was believed by some that he was collecting victims for the purpose of sacrificing them on the plains to the water deity1 because the water had disappeared from a large tank which he had constructed4#abi ,according to a story related by ,pausanias1 the district of ,haliartus was originally parched and waterless1 hence one of the rulers went to ,delphi and inquired how the people should find water in the land4 ,the ,pythian priestess commanded him to slay the first person he should meet on his return to ,haliartus4 ,on his arrival he was met by his son ,lophis1 and1 without hesitation1 he struck the young man with his sword4 ,the youth had life enough left to run about1 and where the blood flowed water gushed from the ground4 ,therefore the river is called ,lophis4#acj ,footnote #abf3 ,rjendralla ,mitra1 op4 cit4 ii4 #aaa4 ,footnote #abg3 ,crooke1 ,popular ,religion of ,northern ,india1 ii4 #agd4 ,footnote #abh3 ,sleeman1 ,rambles1 i4 #abi sq4 ,footnote #abi3 ,campbell1 ,wild ,tribes of ,khondistan1 p4 #abi4 ,footnote #acj3 ,pausanias1 ix4 #cc4 #d4 ,human sacrifices are offered with a view to averting perils arising from the sea or from rivers4 ,when the ,greeks were afflicted by stress of weather at ,aulis1 they were bidden to sacrifice ,iphigenia1 in order to lull the winds4#aca ,menelaus was persecuted by the ,egyptians for sacrificing two children when he was desirous of sailing away and contrary winds detained him4#acb ,according to an ,athenian writer1 the colonists who first went to ,lesbos were directed by an oracle to throw a virgin into the sea1 as an offering to ,poseidon4#acc ,sextus ,pompeius cast men into the sea as an offering to ,neptune4#acd ,hamilcar1 also1 following a custom of his country1 threw a company of priests into the sea1 as a sacrifice to the sea god4#ace ,the ,saxons1 when they were about to leave the coast of ,gaul and sail home1 sacrificed the tenth part of their captives4#acf ,the ,vikings of ,scandinavia1 when launching a new ship1 seemed to have bound a victim to the rollers on which the vessel slipped into the sea1 thus reddening the keel with sacrificial blood4#acg ,in #aghd1 at the launching of one of the ,bey of ,tripoli's cruisers1 a black slave was led forward and fastened at the prow of the vessel4#ach ,the ,fijians launched their canoes over the living bodies of slaves as rollers1#aci or1 according to #dec another account1 when a large canoe was launched1 they laid hold of the first person1 man or woman1 whom they encountered1 and carried the victim home for a feast4#adj ,on the deck of a new boat belonging to the most powerful chief in the group1 ten or more men were slaughtered1 in order that it might be washed with human blood4#ada ,footnote #aca3 ,aeschylus1 ,agamemnon1 #bae sq4 ,footnote #acb3 ,herodotus1 ii4 #aai4 ,footnote #acc3 ,athenus1 ,deipnosophist1 xi4 #ae4 ,footnote #acd3 ,dio ,cassius1 ,historia ,romana1 xlviii4 #dh4 ,footnote #ace3 ,diodorus ,siculus1 xiii4 #hf4 ,footnote #acf3 ,sidonius ,apollinaris1 ,epistul1 viii4 #f4 #ae4 ,footnote #acg3 ,vigfusson and ,powell1 op4 cit4 i4 #daj2 ii4 #cdi4 ,footnote #ach3 ,simpson1 quoted by ,grant ,allen1 ,evolution of the ,idea of ,god1 p4 #bfc4 ,footnote #aci3 ,erskine1 ,cruise among the ,islands of the ,western ,pacific1 p4 #bdi4 ,footnote #adj3 ,wilkes1 ,u4,s4 ,exploring ,expedition1 iii4 #ig4 ,cf4 ,williams and ,calvert1 op4 cit4 p4 #age4 ,footnote #ada3 ,wilkes1 op4 cit4 iii4 #ig4 ,the ,zui ,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 safety2 and when the waters still rose1 threatening to submerge the table-land itself1 the priest determined to sacrifice a youth and a maiden to propitiate them4#adb ,when ,seleucus ,nicator founded ,antioch on the ,orontes1 the high priest sacrificed a virgin at a place between the town and the river1#adc presumably in order to prevent the town from being flooded by the river4 ,when the converted ,franks marched to ,italy under their king1 ,theodebert1 to fight against the ,goths under ,vitigis1 and were on the point of crossing the ,po1 they sacrificed what children and wives of ,goths they found1 and threw their corpses into the river1 according to ,procopius1 as the first fruits of the war4#add ,at ,rome1 every year on the ,ides of ,may1 the ,vestal ,virgins threw from the ,sublician bridge into the ,tiber thirty human effigies formed of rushes2 the ,romans themselves were of opinion that at an earlier period living men had been hurled into the river1 and that it was ,hercules who first substituted images of straw4#ade ,in ,west ,africa human sacrifices are often offered to rivers4 ,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 ,october1 to ,prah4 ,as loss of life frequently occurs in this river1 from persons attempting to cross it when flooded1 from a sudden rise1 or from those hundred minor accidents which must always occur in the neighbourhood of a deep and strong stream1 the gods of the ,prah are considered very malignant4 ,the sacrifice is1 in consequence1 proportionate4 ,the usual sacrifice in former times was two human adults1 one male and one female4 ,they4 4 4 4 were decapitated on the bank of the river1 and the stool and image of the god washed with their #ded blood4 ,the bodies were then cut into a number of pieces1 which were distributed amongst the mangroves1 or the sedge bordering the river1 for the crocodiles to eat2 crocodiles being sacred in ,prah4#adf ,according to ,m4 le ,comte de ,cardi1 all the river-side tribes of the ,niger ,delta used to propitiate the river deity by the sacrifice of a copper-coloured girl1 procured from a tribe of ,ibos inhabiting a country away in the hinterland of ,new ,calabar1 or in some places an ,albino2 and it seems that this custom is still practised in the ,british ,protectorate4#adg ,the ,ibos themselves were in the habit of throwing human beings into the river to be eaten by alligators or fishes1 or to fasten them to trees or branches1 close to the river1 where they were left to perish by hunger4#adh ,in ,eastern ,central ,africa1 also1 human sacrifices are offered to rivers4#adi ,and in the ,east ,indies there are various traditions of such sacrifices being made to the divine crocodiles of the sea4#aej ,footnote #adb3 ,stevenson1 ',a ,chapter of ,zui ,mythology1' in ,memoirs of the ,international ,congress of ,anthropology1 ,chicago1 p4 #caf4 ,footnote #adc3 ,malala1 ,chronographia1 viii4 #bee 7#bjj74 ,footnote #add3 ,procopius1 ,bellum ,gothicum1 ii4 #be4 ,footnote #ade3 ,ovid1 ,fasti1 #fba sq4 ,dionysius of ,halicarnassus1 ,antiquitates ,roman1 i4 #ch4 ,hartland1 ,legend of ,perseus1 iii4 #gh4 ,footnote #adf3 ,ellis1 ,tshi-speaking ,peoples1 p4 #fd sq4 ,cf4 ,idem1 ,land of ,fetish1 p4 #abb4 ,footnote #adg3 ,comte de ,cardi1 ',ju-ju ,laws and ,customs in the ,niger ,delta1' in ,jour4 ,anthr4 ,inst4 xxix4 #ed4 ,cf4 ,mockler-,ferryman1 ,british ,nigeria1 p4 #bce4 ,footnote #adh3 ,schoen and ,crowther1 op4 cit4 p4 #di4 ,footnote #adi3 ,macdonald1 ,africana1 i4 #if4 ,footnote #aej3 ,tylor1 ',anniversary ,address1' in ,jour4 ,anthr4 ,inst4 xxi4 #djh4 ,hartland1 op4 cit4 iii4 #gj sq4 ,in the cases which we have hitherto considered the offering of human sacrifices is mostly a matter of public concern1 a method of ensuring the lives of many by the death of one or a few4 ,but human life is also sacrificed1 by way of substitution1 for the purpose of preventing the death of some particular individual1 especially a chief or a king1 from sickness1 old age1 or other circumstances4 ,in ,guatemala1 in the case of a dangerous illness1 human sacrifice was resorted to when all other attempts to cure the patient failed4 ,of the ,indians of ,guayaquil1 ,cieza de ,leon states3--,when the chiefs were sick1 to appease the wrath of their gods1 and pray for health1 they made 4 4 4 4 sacrifices of a superstitious nature1 killing men 7as ,i was told71 and believing that human blood was a grateful offering4#aea ,acosta writes3--,they vsed in ,peru to sacrifice yong children of foure or six yeares old vnto tenne2 and the greatest parte of these sacrifices were for the affaires that did import the ,ynca1 as in sickness for his health1 and when he went to the #dee warres for victory1 or when they gave the wreathe to their new ,ynca1 which is the marke of a ,king1 as heere the ,scepter and the ,crowne be4 ,in this solemnitie they sacrificed the number of two hundred children1 from foure to ten yeares of age 4 4 4 4 ,if any ,indian qualified or of the common sorte were sicke1 and that the ,divine told him confidently that he should die1 they did then sacrifice his owne sonne to the ,sunne or to ,virachoca1 desiring them to be satisfied with him1 and that they would not deprive the father of life4#aeb ,according to ,molina1 the ,lord ,ynca offered sacrifices of children when he began to reign1 that the huacas or idols might give him health1 and preserve his dominions in peace4#aec ,herrera tells us that the ancient ,peruvians1 when any person of note was sick1 and the priest predicted his death1 sacrificed the patient's son1 desiring the idol to be satisfie'd with him1 and not to take away his father's life4#aed ,garcilasso de la ,vega1 again1 denies the existence of any such custom in the kingdom of the ,incas1#aee but asserts that1 before their reign1 the ,indians of ,peru offered up their own children on certain occasions4#aef ,according to ,jerez1 some of the ,peruvian ,indians sacrificed their own children each month1 and anointed with the blood the faces of their idols and the doors of their temples4#aeg ,the ,tonga ,islanders had a ceremony called nawgia1 or the ceremony of strangling children as sacrifices to the gods1 for the recovery of a sick relative4 ,our informant says3--,all the bystanders behold the innocent victim with feelings of the greatest pity2 but it is proper1 they think1 to sacrifice a child who is at present of no use to society1 and perhaps may not otherwise live to be1 with the hope of recovering a sick chief1 whom all esteem and whom all think it a most important duty to respect1 defend1 and preserve1 that his life may be of advantage to the country4#aeh ,the ,tahitians offered human sacrifices during the illnesses of their rulers4#aei ,in the ,philippines1 if a prince was dangerously ill or dying1 slaves were slaughtered in order to satisfy the malignant ancestral soul who was supposed to have caused the disease4#afj ,among the ,dyaks1 when a raja falls sick1 or goes on a journey1 it is #def common for him to vow a head to his tribe in case of recovery or of safe return4 ,should he die1 one or two heads are usually offered by the tribe as a kind of sacrifice4#afa ,among the ,banjrlu of ,southern ,india1 who are great travelling traders1 it was formerly the custom before starting out on a journey to procure a little child1 and bury it in the ground up to its shoulders1 and then drive their loaded bullocks over the unfortunate victim1 and in proportion to the bullocks thoroughly trampling the child to death1 so their belief in a successful journey increased4#afb ,in ,india human sacrifices were also offered to the goddess ,chandik to save the life of a king4#afc ,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 #ahfa1 at the shrine of the goddess ,durga1 in the town of ,jaipr1 when he installed himself at his father's decease1#afd and for the sacrifice of a ,brahmin which a raja of ,ratanpr had offered up to ,dev every year4#afe ,in ,great ,benin1 once a year1 at the end of the rainy season1 all the king's beads were brought out by the boys in whose care they were kept4 ,they were put in a heap1 and a slave was compelled to kneel down over them4 ,the king cut or struck the head of the slave with a spear so that the blood ran over the beads1 and said to them1 ,oh1 beads1 when ,i put you on1 give me wisdom and don't let any juju or bad thing come near me4 ,then the slave was told1 ,so you shall tell the head juju when you see him4 ,the slave was led out and beheaded1 but his head was brought in again1 and the beads were touched with it4#aff ,among the ancient ,gauls persons who were troubled with unusually severe diseases either sacrificed men or promised that they would make such sacrifices4#afg ,in the ,ynglingasaga we are told that ,king ,aun sacrificed nine sons1 one after the other1 to ,odin for the purpose of obtaining a prolongation of his life4#afh ,according to ,macrobius1 the ancient ,romans immolated children to the goddess ,mania1 the mother of the ,lares1 to promote the health of the families4#afi ,suetonius states that ,nero1 frightened by the sight of a comet1 sacrificed a number of ,roman noblemen #deg in order to avert the disaster from himself4#agj ,antinous1 according to one account1 sacrificed himself to prolong the life of ,hadrian4#aga ,the notion that the death of one person may serve as a substitute for the death of another still prevails in the ,vatican4 ,when1 during ,leo ,,xiii4's last illness1 one of the ,cardinals died1 it was said that his death had saved the life of the ,pope1 ,heaven being satisfied with one victim4 ,in ,morocco1 if a son or a daughter dies1 it is customary to say to the afflicted parents1 ,why are you sorry8 ,your child took away your misfortune 7bas74 ,a similar custom prevails in ,syria and ,palestine4#agb ,footnote #aea3 ,cieza de ,leon1 ,la ,crnica del ,per parte primera1 ch4 #ee 7,biblioteca de autores espaoles1 xxvi4 #dji74 ,footnote #aeb3 ,acosta1 op4 cit4 ii4 #cdd4 ,footnote #aec3 de ,molina1 loc4 cit4 p4 #ee4 ,footnote #aed3 ,herrera1 ,general ,history of the ,west ,indies1 iv4 #cdg4 ,footnote #aee3 ,garcilasso de la ,vega1 op4 cit4 i4 #aca4 ,footnote #aef3 ,ibid4 i4 #ej4 ,footnote #aeg3 ,jerez1 ',conquista del ,per1' in ,biblioteca de autores espaoles1 xxvi4 #cbg4 ,footnote #aeh3 ,mariner1 ,natives of the ,tonga ,islands1 ii4 #bbj4 ,footnote #aei3 ,ellis1 ,polynesian ,researches1 i4 #cdf4 ,footnote #afj3 ,blumentritt1 quoted by ,wilken1 ',ueber das ,haaropfer1' in ,revue coloniale internationale1 #ahhg1 i4 #cfd sq4 ,footnote #afa3 ,pfeiffer1 ,a ,lady's ,second ,journey round the ,world1 i4 #hf4 ,footnote #afb3 ,cain1 ',bhadrachellam and ,rekapalli ,taluqas1' in ,indian ,antiquary1 viii4 #bai4 ,footnote #afc3 ,crooke1 ,popular ,religion in ,northern ,india1 ii4 #afh4 ,footnote #afd3 ,north ,indian ,notes and ,queries1 #caj1 vol4 i4 #dj4 ,footnote #afe3 ,panjab ,notes and ,queries1 #hfi1 vol4 ii4 #afb4 ,footnote #aff3 ,moor and ,roupell1 quoted by ,read and ,dalton1 op4 cit4 p4 #g2 also by ,ling ,roth1 ,great ,benin1 p4 #ga4 ,footnote #afg3 ,csar1 ,de bello gallico1 vi4 #af4 ,footnote #afh3 ,snorri ,sturluson1 ',ynglingasaga1' #be1 in ,heimskringla1 i4 #de sqq4 ,footnote #afi3 ,macrobius1 ,saturnalia1 i4 #g4 ,footnote #agj3 ,suetonius1 ,nero1 #cf4 ,footnote #aga3 ,spartian1 ,vita ,hadriani1 #ad4 ,aurelius ,victor1 ,de ,csaribus1 #ad4 ,dio ,cassius1 ,historia ,romana1 lxix4 #aa4 ,footnote #agb3 ,curtiss1 ,primitive ,semitic ,religion ,to-day1 p4 #bjh4 ,men are sacrificed not only to preserve the lives of other men1 but to help other men into existence4 ,barrenness is attributed to some god keeping back the children which would otherwise be born in the due course of nature4 ,and in order to remove this obstacle a human being1 generally a child1 is sacrificed to serve1 as it were1 as a substitute4 ,this ,i take to be the explanation of the practice of offering a human sacrifice with a view to promoting fecundity1 a practice which has been particularly common in ,india4 ,in the history of ancient ,mexico we read of ,nezahualcoyotl1 prince of the ,tezcucans1 who had been married some years without being blest with issue4 ,the priests represented that it was owing to his neglect of the gods of his country1 and that his only remedy was to propitiate them by human sacrifice4#agc ,in ,hindu traditions and books a numerous offspring is promised to him who offers a man in sacrifice4#agd ,in ,jainteapore1 east of ,sylhet1 human sacrifices were made to the goddess ,kali1 in hopes of procuring progeny4#age ,speaking of the ,mahadeo sandstone hills which1 in the ,sathpore range1 overlook the ,nerbudda to the south1 ,sir ,w4 ,h4 ,sleeman states3--,when a woman is without children she makes votive offerings to all the gods who can1 she thinks1 assist her2 and promises of still greater in case they should grant what she wants4 ,smaller promises being found of no avail1 she at last promises her first-born1 if a #deh male1 to the god of destruction1 ,mahadeo4 ,if she gets a son she conceals from him her vows till he has attained the age of puberty2 she then communicates it to him1 and enjoins him to fulfil it4 ,from that moment he regards himself as devoted to the god1 and1 at the annual fair on the ,mahadeo hills1 throws himself from a perpendicular height of four or five hundred feet1 and is dashed to pieces upon the rocks below4#agf ,in one of the tales of ,somadeva an ascetic tells a woman that1 if she killed her young son and offered him to the divinity1 another son would certainly be born to her4#agg ,we meet with a similar idea in the story of king ,somaka4 ,for some time he did not succeed in getting a single son from any of his one hundred wives4 ,finally he got a single son2 but he wanted more1 and asked the family priest whether there was not a ceremony which could help him to a hundred sons4 ,the family priest answered3--,o king6 let me set on foot a sacrifice1 and thou must sacrifice thy son1 ,jantu1 in it4 ,then on no distant date1 a century of handsome sons will be born to thee4 ,when ,jantu's fat will be put into the fire as an offering to the gods1 the mothers will take a smell of that smoke1 and bring forth a number of sons1 valorous and strong4 ,and ,jantu also will once more be born as a self-begotten son of thine1 in that very mother2 and on his back there will appear a mark of gold4 ,the son was sacrificed2 the wives smelt the smell of the burnt-offering2 all of them became with child2 and when ten months had passed one hundred sons were born to ,somaka1 of whom ,jantu was the eldest1 being born of his former mother4 ,but the family priest departed this life1 and was grilled for a certain period in a terrible hell as a punishment for what he had done4#agh ,footnote #agc3 ,prescott1 ,history of the ,conquest of ,mexico1 p4 #ia4 ,footnote #agd3 ,chevers1 op4 cit4 p4 #cii4 ,footnote #age3 ,macnaghten1 quoted ibid4 p4 #cig4 ,footnote #agf3 ,sleeman1 op4 cit4 i4 #acb sq4 ,footnote #agg3 ,crooke1 ,popular ,religion of ,northern ,india1 ii4 #agc4 ,footnote #agh3 ,mahabharata1 ,vana ,parva1 #abg sq4 7pt4 vi4 p4 #ahh sq474 ,among certain peoples it is a regular custom to kill the firstborn child1 or the firstborn son4 ,among some natives of ,australia a mother used to kill and eat her first child1 as this was believed to strengthen her for later births4#agi ,in ,new ,south ,wales the firstborn of every lubra used to be eaten by the tribe as part of a religious ceremony4#ahj ,in the realm of ,khai-muh1 in ,china1 according to #dei a native account1 it was customary to kill and devour the eldest son alive4#aha ,among certain tribes in ,british ,columbia the first child is often sacrificed to the sun4#ahb ,the ,indians of ,florida1 according to ,le ,moyne de ,morgues1 sacrificed the firstborn son to the chief4#ahc ,we are told that1 among the people of ,senjero in ,eastern ,africa1 many families must offer up their firstborn sons as sacrifices1 because once upon a time1 when summer and winter were jumbled together in a bad season1 and the fruits of the field would not ripen1 the sooth-sayers enjoined it4#ahd ,the heathen ,russians often sacrificed their firstborn to the god ,perun4#ahe ,the rule laid down in ,exodus#ahf and ,numbers1#ahg that all the firstborn of men and of beasts belonged to the ,lord1 but that the former were to be redeemed1 seems to indicate the existence of an earlier custom among the ,hebrews of offering up as a sacrifice1 not only the firstling of an animal1 but the firstborn child4 ,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 ,passover4#ahh ,among the ,hindus1 until the beginning of the last century1 many parents sacrificed their firstborn to the river ,ganges4#ahi ,footnote #agi3 ,brinton1 ,religions of ,primitive ,peoples1 p4 #ag n499 ,cf4 von ,scherzer1 ,reise der ,oesterreichischen ,fregatte ,novara um die ,erde1 iii4 #cb4 ,footnote #ahj3 ,brough ,smyth1 ,aborigines of ,victoria1 ii4 #caa4 ,footnote #aha3 de ,groot1 ,religious ,system of ,china 7vol4 ii4 book7 i4 #fgi4 ,footnote #ahb3 ,boas1 in ,fifth ,report on the ,north-,western ,tribes of ,canada1 pp4 #df1 #eb4 ,footnote #ahc3 ,bry1 ,narrative of ,le ,moyne1 ,descriptions of the ,illustrations1 #cd1 p4 #ac4 ,cf4 ,lafitau1 ,moeurs des sauvages ameriquains1 i4 #aha2 ,strachey1 op4 cit4 p4 #hd4 ,footnote #ahd3 ,krapf1 ,travels1 p4 #fi sq4 ,footnote #ahe3 ,mone1 quoted by ,frazer1 ,golden ,bough1 ii4 #eb4 ,footnote #ahf3 ,exodus1 xiii4 #b1 #ae4 ,footnote #ahg3 ,numbers1 xviii4 #ae4 ,footnote #ahh3 ,see ,ghillany1 op4 cit4 p4 #did sqq42 ,kuenen1 ,religion of ,israel1 ii4 #ib2 ,frazer1 op4 cit4 ii4 #dg sqq4 ,footnote #ahi3 ,rjendralla ,mitra1 op4 cit4 ii4 #gj1 #gf4 ,in some instances the firstborn seems to be killed1 not in sacrifice to a god1 but for the purpose of being eaten as a kind of medicine4#aij ,in other cases the act is a sacrifice in the true sense of the word and1 apparently1 substitutional in character4 ,considering that children are occasionally sacrificed to save the lives of their parents1 or for the health of the families1 or to promote fecundity1 it seems probable that the regular sacrifice of the firstborn has similar objects in view4 ,this supposition1 indeed1 is strongly supported by some statements in which the motive of the act is expressly mentioned4#aia ,among the #dfj ,coast ,salish of ,british ,columbia the first child is sacrificed to the sun to secure health and happiness to the whole family4#aib ,the same is reported of a neighbouring people1 the ,kutonaqa4 ,the mother prays to the sun3--,i am with child4 ,when it is born ,i shall offer it to you4 ,have pity upon us4#aic ,among some tribes of ,south-,eastern ,africa it is a rule that1 when a woman's husband has been killed in battle and she marries again1 the first child to which she gives birth after her second marriage must be put to death1 whether she has it by her first or her second husband4 ,such a child is called the child of the assegai1 and if it were not killed1 death or accident would be sure to befall the second spouse1 and the woman herself would be barren4#aid ,among some peoples1 including the ancient ,hindus1 we find the belief that the son is in some sense identical with his father1 that he is a new birth1 a new manifestation of the same person4#aie ,the new birth might be supposed to endanger the life of the father1 just as1 according to a notion prevalent among the ancient ,teutons#aif and in some parts of ,italy1#aig a person would soon die if his name were given to his son or grandson whilst he was still alive4 ,among the ,brazilian ,tupis the father was accustomed to take a new name after the birth of each new son2#aih whilst1 on killing an enemy1 a person used to take the enemy's name so as to annihilate not only his body but also his soul4#aii ,among the ,kafirs1 if a mother gives birth to twins1 one is frequently killed by the father1 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 strength4#bjj ,in some #dfa cases the practice of killing the firstborn son might possibly be traced back to a similar belief4 ,but ,i can quote no fact directly supporting this suggestion4 ,footnote #aij3 ,cf4 supra1 p4 #dja4 ,footnote #aia3 ,cf4 ,micah1 vi4 #g3 ,shall ,i give my firstborn for my transgression1 the fruit of my body for the sin of my soul8 ,footnote #aib3 ,boas1 op4 cit4 p4 #df4 ,footnote #aic3 ,ibid4 p4 #eb4 ,footnote #aid3 ,macdonald1 ,light in ,africa1 p4 #aef4 ,frazer1 op4 cit4 ii4 #ea sq4 ,footnote #aie3 ,hartland1 op4 cit4 i4 #bag sq4 von den ,steinen1 ,unter den ,naturvlkern ,zentral-,brasiliens1 p4 #ccf sq4 ,leist1 ,alt-arisches ,jus ,gentium1 p4 #ih sqq4 ,idem1 ,alt-arisches ,jus ,civile1 i4 #ahi sqq4 ,laws of ,manu1 ix4 #h3 ,the husband1 after conception by his wife1 becomes an embryo and is born again of her4 ,footnote #aif3 ,storm1 quoted by ,noreen1 ,spridda ,studier1 ,anara ,samlingen1 p4 #d4 ,footnote #aig3 ,placucci1 ,usi e pregiudizj dei contadini della ,romagna1 p4 #bc4 ,footnote #aih3 von den ,steinen1 op4 cit4 p4 #ccg4 ,footnote #aii3 ,staden1 quoted by ,andree1 ,anthropophagie1 p4 #ajc4 ,footnote #bjj3 ,kidd1 ,the ,essential ,kafir1 p4 #bjb4 ,i am indebted to ,mr4 ,n4 ,w4 ,thomas for drawing my attention to this statement4 ,human sacrifices are offered in connection with the foundation of buildings4 ,this is a wide-spread custom1 which not only occurs among various uncivilised and semi-civilised peoples of the present day1 but which is proved to have existed among the so-called ,aryan races4#bja ,in ,india we find traces of it in traditions and popular beliefs4#bjb ,the ,hindu rajas1 we are told1 used to lay the foundation of public buildings in human blood4#bjc ,when ,mr4 ,grierson wanted to photograph a ,bihar peasant house1 the grandmother of the family refused to allow any of the children to appear in the picture1 her reason being that the ,government was building the bridge across the ,gandak and wanted children to bury under the foundations4#bjd ,among the ancient ,romans the old custom survived in the practice of placing statues or images under the foundations of their buildings4#bje ,in the island of ,zacynthus the peasants to this day believe that in order to secure the durability of important buildings1 such as bridges and fortresses1 it is desirable to kill a man1 especially a ,muhammedan or a ,jew1 and bury him on the spot4#bjf ,south ,slavonian folk-tales speak of the immuration of a woman or a child as a foundation sacrifice4#bjg ,in ,servia no city was thought to be secure unless a human being1 or at least the shadow of one1 was built into its walls2#bjh and the ,bulgarians1 when #dfb going to build1 are still said to take a thread and measure the shadow of some casual passer-by1 and then bury the measure under the foundation-stone1 expecting that the man whose shadow has been thus treated will soon die4#bji ,a similar custom prevails in ,roumania4#baj ,according to ,nennius1 when ,dinas ,emris in ,wales was founded by ,gortigern1 all the materials collected for the fortress were carried away in one night2 and materials were thus gathered thrice1 and were thrice carried away4 ,when he then asked of his ,druids1 ,whence this evil8 the ,druids told him that it was necessary to find a child whose father was unknown1 put him to death1 and sprinkle with his blood the ground on which the citadel was to be built4#baa ,a ,scotch legend tells that1 when ,st4 ,columba first attempted to build a cathedral on ,iona1 the walls fell down as they were erected2 he then received supernatural information that they would never stand unless a human victim was buried alive1 and1 in consequence1 his companion1 ,oran1 was interred at the foundation of the structure4#bab ,it is reported that1 when not long ago the ,bridge ,gate of ,bremen city walls was demolished1 the skeleton of a child was found embedded in the groundwork2#bac and when the new bridge at ,halle1 finished in #ahdc1 was building1 the common people fancied a child was wanted to be walled into the foundations4#bad ,footnote #bja3 ,sartori1 ',ueber das ,bauopfer1' in ,zeitschrift fr ,ethnologie1 xxx4 #e sqq4 ,tylor1 ,primitive ,culture1 i4 #ajd sqq4 ,baring-,gould1 ,strange ,survivals1 p4 #d sqq4 ,trumbull1 ,threshold ,covenant1 p4 #df sqq4 ,grant ,allen1 ,evolution of the ,idea of ,god1 p4 #bdi sqq4 ,liebrecht1 ,zur ,volkskunde1 p4 #bhd sqq4 ,andree1 ,ethnographische ,parallelen1 p4 #ah sqq4 ,nyrop1 ,romanske ,mosaiker1 p4 #fc sqq4 ,krause1 ',das ,bauopfer bei den ,sdslaven1' in ,mittheilungen der ,anthropologischen ,gesellschaft in ,wien1 xvii4 #ah sqq4 ,wuttke1 ,der deutsche ,volksaberglaube der ,gegenwart1 #ddj1 p4 #cjj sq4 ,footnote #bjb3 ,winternitz1 ',bemerkungen ber das ,bauopfer bei den ,indern1' in ,mittheil4 ,anthr4 ,gesellsch4 in ,wien1 xvii4 #cg sqq4 ,footnote #bjc3 ,wheeler1 ,history of ,india1 iv4 #bgh4 ,footnote #bjd3 ,grierson1 ,bihar ,peasant ,life1 p4 #d4 ,footnote #bje3 ,coote1 ',a ,building ,superstition1' in ,folk-,lore ,journal1 i4 #bc4 ,footnote #bjf3 ,schmidt1 ,volksleben der ,neu-,griechen1 p4 #aig4 ,footnote #bjg3 ,krauss1 loc4 cit4 p4 #ai sqq4 ,footnote #bjh3 ,ralston1 ,songs of the ,russian ,people1 p4 #abg4 ,footnote #bji3 ,ibid4 p4 #abg4 ,krauss1 loc4 cit4 p4 #ba4 ,footnote #baj3 ,folk-,lore ,record1 iii4 #bhc4 ,footnote #baa3 ,nennius1 ,historia ,britonum1 ,irish ,version1 ch4 #ah1 p4 #ic4 ,footnote #bab3 ,gomme1 ',some ,traditions and ,superstitions connected with ,buildings1' in ,the ,antiquary1 iii4 #aa4 ,carmichael1 ,carmina ,gadelica1 ii4 #caf4 ,footnote #bac3 ,baring-,gould1 ,strange ,survivals1 p4 #e4 ,footnote #bad3 ,grimm1 ,teutonic ,mythology1 iii4 #aadb4 ,it seems highly probable that the building-sacrifice1 like other kinds of human sacrifice1 is based on the idea of substitution4 ,a new house or dwelling-place is commonly regarded as dangerous1 a wall or a tower is liable to fall down and cause destruction of life1 a bridge may break1 or the person who crosses it may tumble into the water and be drowned4 ,in the ,babar ,islands1 before entering a new house1 offerings are thrown inside1 that the spirit1 ,orloo1 may not make the #dfc inmates ill4#bae ,before the ,sandwich ,islanders could occupy their houses offerings were made to the gods1 and presents to the priest1 who entered the house1 uttered prayers1 went through other ceremonies1 and slept in it before the owner took possession1 in order to prevent evil spirits from resorting to it1 and to secure its inmates from the effects of incantation4#baf ,among the ,kayans of ,borneo1 on the occasion of the king or principal chief taking possession of a newly-built house1 a human victim was killed1 and the blood was sprinkled on the pillars and under the house4#bag ,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 constructed1 or that the member of the family who is the first to enter it will soon die2 and1 in accordance with a custom of great antiquity1 the oldest member of a migrating household enters the new house first4#bah ,in ,german folk-tales the first to cross the bridge1 the first to enter the new building or the country1 pays with his life4#bai ,even nowadays1 in the ,north of ,europe1 there is a wide-spread fear of being the first to enter a new building or of going over a newly-built bridge2 if to do this is not everywhere and in all cases thought to entail death1 it is considered supremely unlucky4#bbj ,this superstition has been interpreted as a survival of a previous sacrifice2#bba but there can be no doubt1 ,i think1 that the foundation sacrifice itself owes its origin to similar notions and fears of supernatural dangers4 ,uncultured people are commonly afraid of anything new1 or of doing an act for the first time2#bbb and1 apart from this1 the erecting of a new building is an intrusion upon #dfd the land of the local spirit1 and therefore likely to arouse its anger4 ,there are houses which remain haunted by spirits all their time4#bbc ,it is natural1 then1 that attempts should be made to avert the danger4 ,and1 human life being at stake1 no preventive could be more effective than the offering up of a human victim4 ,footnote #bae3 ,riedel1 ,de sluik- en kroesharige rassen tusschen ,selebes en ,papua1 p4 #cdc4 ,footnote #baf3 ,ellis1 ,polynesian ,researches1 iv4 #cbb4 ,footnote #bag3 ,burns1 ',kayans of the ,north-,west of ,borneo1' in ,journal of the ,indian ,archipelago1 iii4 #ade4 ,footnote #bah3 ,ralston1 ,songs of the ,russian ,people1 p4 #abf4 ,cf4 ,krauss1 loc4 cit4 p4 #ba sq4 7,southern ,slavs74 ,footnote #bai3 ,grimm1 ,teutonic ,mythology1 i4 #de1 n4 #b4 ,footnote #bbj3 ,baring-,gould1 ,strange ,survivals1 p4 #b4 ,for various instances of similar beliefs1 see ,sartori1 in ,zeitschr4 f4 ,ethnol4 xxx4 #ad sqq42 ,crawley1 ,mystic ,rose1 p4 #be4 ,footnote #bba3 ,baring-,gould1 op4 cit4 p4 #d4 ,footnote #bbb3 ,crawley1 op4 cit4 p4 #be4 ,footnote #bbc3 ,westermarck1 ',nature of the ,arab v,ginn1 illustrated by the ,present ,beliefs of the ,people of ,morocco1' in ,jour4 ,anthr4 ,inst4 xxix4 #bec1 #bfj4 ,on the other hand it is maintained that the foundation-sacrifice is partly1 if not exclusively1 performed for the purpose of converting the soul of the victim into a protecting demon4#bbd ,this opinion1 no doubt1 has the support of beliefs actually held by some of the peoples who practise the rite4 ,when the gate of the new city of ,tavoy1 in ,tenasserim1 was built1 ,mason was told by an eye-witness that a criminal was put in each post-hole to become a guardian spirit4#bbe ,the ,burmese kings used to have victims buried alive at the gates of their capitals1 so that their spirits might watch over the city4#bbf ,formerly1 in ,siam1 when a new city gate was being erected1 it was customary for a number of officers to lie in wait near the spot1 and seize the first four or eight persons who happened to pass by1 and who were then buried alive under the gate-posts1 to serve as guardian angels4#bbg ,but whatever be the present notions of certain peoples concerning the object of the building-sacrifice1 ,i do not believe that its primary object could have been to procure a spirit-guardian4 ,according to early ideas1 the ghost of a murdered man is not a friendly being1 and least of all is he kindly disposed towards those who killed him4 ,several instances are known in which later generations have put upon human sacrifices an interpretation obviously foreign to their original purpose4#bbh ,thus1 according to a ,north #dfe ,german tradition1 a master-builder was immured by a certain knight in the tower which he had built1 as a punishment for boasting that he could have built a still finer tower if he had liked to do so4#bbi ,an ,indian raja1 we are told1 was once building a bridge over the river ,jargoat ,chunr1 and when it fell down several times he was advised to sacrifice a ,brahman girl to the local deity2 however1 she has now become the ,mar or ghost of the place1 and is regularly worshipped in time of trouble4#bcj ,considering that the foundation-sacrifice was offered for the purpose of protecting the living against the attacks of the spirit of the place1 it is quite intelligible that the ghost of the victim came in time to be looked upon as a guardian spirit2 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 gate4 ,but he was buried there1 ,i presume1 simply because that spot was thought to be the most dangerous4 ,the gate of a town corresponds to the entrance of a house1 and the threshold has almost universally been regarded as the proper haunt of what the ,moors call the owners of the place4#bca ,footnote #bbd3 ,tylor1 ,primitive ,culture1 i4 #ajf4 ,grant ,allen1 op4 cit4 p4 #bdh sqq4 ,lippert1 ,christenthum1 ,volksglaube und ,volksbrauch1 p4 #def sq4 ,idem1 ,kulturgeschichte der ,menschheit1 ii4 #bgj4 ,gaidoz1 in ,mlusine1 iv4 #ad sqq4 ,sartori1 in ,zeitsthr4 f4 ,ethnol4 xxx4 #cb sqq4 ,footnote #bbe3 ,tylor1 ,primitive ,culture1 i4 #ajg4 ,footnote #bbf3 ,woodthorpe1 in ,jour4 ,anthr4 ,inst4 xxvi4 #bd4 ,see also ,shway ,yoe1 ,the ,burman1 i4 #bhf4 ,footnote #bbg3 ,alabaster1 ,wheel of the ,law1 p4 #bab sq4 ,cf4 ,gaidoz1 loc4 cit4 p4 #ad sq4 ,footnote #bbh3 ,see ,nyrop1 ,romanske ,mosaiker1 p4 #gc sqq42 also infra1 p4 #dfe sq4 ,footnote #bbi3 ,nyrop1 op4 cit4 p4 #gc4 ,footnote #bcj3 ,crooke1 ,popular ,religion of ,northern ,india1 ii4 #agd4 ,footnote #bca3 ,see ,trumbull1 ,threshold ,covenant1 passim4 ,whilst the man who is sacrificed is in some cases described as a guardian1 he is in other cases regarded as a messenger4 ,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 people4#bcb ,the same idea prevailed in ,great ,benin4 ,when the head jujuman had said the prayer in which he asked ,ogiwo to let no sickness come for ,benin1 he thus addressed the slaves who were going to be clubbed to death and tied in the sacrifice-trees3--,so you shall tell ,ogiwo4 ,salute him proper4#bcc ,a message was likewise sent to the head juju with the slave who was sacrificed to it2#bcd and a message saluting the rain-god was put in the #dff mouth of the woman who was sacrificed when there was too much rain4#bce ,mr4 ,ling ,roth suggests that the main object of the human sacrifices which were offered in ,benin was the sending of prayers1 by means of the special messengers1 for the welfare of the community1 to the spirits of the departed1 or to other spirits1 such as the spirits of the beads1 the ,rain-,god1 ,sun-,god1 the ,god-,ogiwo2 and he thinks that this explains a cult of world-wide prevalence4#bcf ,but considering that in ,yucatan and ,benin1 as elsewhere1 the human victim was sacrificed for the avowed purpose of averting some mortal danger from the community or the king1 ,i conclude that there1 also1 the primary object of the rite was to offer a substitute1 though this substitute came to be used as a messenger4 ,footnote #bcb3 ,dorman1 op4 cit4 p4 #bac4 ,footnote #bcc3 ,moor and ,roupell1 quoted by ,read and ,dalton1 op4 cit4 p4 #g2 also by ,ling ,roth1 ,great ,benin1 p4 #gb4 ,footnote #bcd3 ,supra1 p4 #def4 ,footnote #bce3 ,supra1 p4 #ddd4 ,footnote #bcf3 ,ling ,roth1 op4 cit4 p4 #gb4 ,i do not affirm that the practice of human sacrifice is in every case based on the idea of substitution2 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 purposes4 ,but ,i think there is sufficient evidence to prove that1 when men offer the lives of their fellow-men in sacrifice to their gods1 they do so as a rule in the hopes of thereby saving their own4 ,human sacrifice is essentially a method of life-insurance--absurd1 no doubt1 according to our ideas1 but not an act of wanton cruelty4 ,when practised for the benefit of the community or in a case of national distress1 it is hardly more cruel than to advocate the infliction of capital punishment on the ground of social expediency1 or to compel thousands of men to suffer death on the battle-field on behalf of their country4 ,the custom of human sacrifice admits that the life of one is taken to save the lives of many1 or that an inferior individual is put to death for the purpose of preventing the death of somebody who has a higher right to live4 ,sometimes the king or chief is sacrificed in times of scarcity or pestilence1 but then he is probably held personally responsible for the calamity4#bcg ,very frequently #dfg the victims are prisoners of war or other aliens1 or slaves1 or criminals1 that is1 persons whose lives are held in little regard4 ,and in many cases these are the only victims allowed by custom4 ,footnote #bcg3 ,frazer1 ,golden ,bough1 i4 #ae sq4 ,this was generally the case among the ancient ,teutons1#bch though they sometimes deemed a human sacrifice the more efficacious the more distinguished the victim1 and the nearer his relationship to him who offered the sacrifice4#bci ,the ,gauls1 says ,csar1 consider that the oblation of such as have been taken in theft1 or robbery1 or any other offence1 is more acceptable to the immortal gods2 but when a supply of that class is wanting1 they have recourse to the oblation of even the innocent4#bdj ,diodorus ,siculus states that the ,carthaginians in former times used to sacrifice to ,saturn the sons of the most eminent persons1 but that1 of later times1 they secretly bought and bred up children for that purpose4#bda ,the chief aim of the wars of the ancient ,mexicans was to make prisoners for sacrificial purposes2 other victims were slaves who were purchased for this object1 and many criminals who were condemned to expiate their crimes by the sacrifice of their lives4#bdb ,the ,yucatans sacrificed captives taken in war1 and only if such victims were wanting they dedicated their children to the altar rather than let the gods be deprived of their due4#bdc ,in ,guatemala the victims were slaves or captives or1 among the ,pipiles1 illegitimate children from six to twelve years old who belonged to the tribe4#bdd ,in ,florida the human victim who was offered up at harvest time was chosen from among the ,spaniards wrecked on the coast4#bde ,of the ,peruvian ,indians before the time of the ,incas1 ,garcilasso de la ,vega states that1 besides ordinary things such as animals and maize1 they sacrificed men and women of all ages1 being captives taken in wars which they made against each other4#bdf ,among the ,tshi-speaking peoples of the ,gold ,coast1 the persons ordinarily sacrificed to the gods are prisoners of war or slaves4 ,when the latter1 they are usually aliens1 as a protecting god is not so well satisfied with the sacrifice of his own people4#bdg ,in ,great ,benin1 according to ,captain ,roupell1 the people who were kept for sacrifice were bad men1 or men with bad sickness1 #dfh and they were all slaves4#bdh ,in ,fiji the victims were generally prisoners of war1 but sometimes they were slaves procured by purchase from other tribes4#bdi ,in ,nukahiva the custom of the country requires that the men destined for sacrifice should belong to some neighbouring nation1 and accordingly they are generally stolen4#bej ,in ,tahiti the unhappy wretches selected were either captives taken in war1 or individuals who had rendered themselves obnoxious to the chiefs or the priests49999#bea ,the ,muruts of ,borneo never sacrifice one of their own people1 but either capture an individual of a hostile tribe1 or send to a friendly tribe to purchase a slave for the purpose4#beb ,it is said to be contrary to the ,kyn custom to sell or sacrifice one of their own nation4#bec ,the ,garo hill tribes generally select their victims out of the ,bengali villages in the plains4#bed ,the ,kandhs considered that the victim must be a stranger4 ,if we spill our own blood1 they said1 we shall have no descendants2#bee and even the children of ,meriahs1 who were reared for sacrificial purposes1 were never offered up in the village of their birth4#bef ,footnote #bch3 ,grimm1 ,teutonic ,mythology1 i4 #de4 ,footnote #bci3 ,holtzmann1 ,deutsche ,mythologie1 p4 #bcb4 ,footnote #bdj3 ,csar1 ,de bello gallico1 vi4 #af4 ,footnote #bda3 ,diodorus ,siculus1 xx4 #ad4 ,footnote #bdb3 ,clavigero1 op4 cit4 i4 #bhb4 ,footnote #bdc3 ,bancroft1 op4 cit4 ii4 #gjd4 ,footnote #bdd3 ,stoll1 op4 cit4 p4 #dj4 ,footnote #bde3 ,bry1 op4 cit4 p4 #aa4 ,footnote #bdf3 ,garcilasso de la ,vega1 op4 cit4 i4 #ej4 ,footnote #bdg3 ,ellis1 ,tshi-speaking ,peoples1 p4 #agj4 ,footnote #bdh3 ,ling ,roth1 ,great ,benin1 p4 #gj4 ,footnote #bdi3 ,hale1 ,u4,s4 ,exploring ,expedition4 ,vol4 ,,vi4 ,ethnography and ,philology1 p4 #eg4 ,cf4 ,wilkes1 op4 cit4 iii4 #ig4 ,footnote #bej3 ,lisiansky1 op4 cit4 p4 #ha sq4 ,footnote #bea3 ,ellis1 ,polynesian ,researches1 i4 #cdf4 ,footnote #beb3 ,denison1 quoted by ,ling ,roth1 ,natives of ,sarawak1 ii4 #baf4 ,footnote #bec3 ,burns1 in ,jour4 of ,indian ,archipelago1 iii4 #ade4 ,footnote #bed3 ,godwin-,austen1 in ,jour4 ,anthr4 ,inst4 ii4 #cid4 ,footnote #bee3 ,macpherson1 ,memorials of ,service in ,india1 p4 #aba4 ,footnote #bef3 ,campbell1 ,wild ,tribes of ,khondistan1 p4 #ec4 ,we find that various peoples who at a certain period have been addicted to the practice of human sacrifice1 have afterwards1 at a more advanced stage of civilisation1 voluntarily given it up4 ,the cause of this is partly an increase1 or expansion1 of the sympathetic sentiment1 partly a change of ideas4 ,with the growth of enlightenment men would lose faith in this childish method of substitution1 and consequently find it not only useless1 but objectionable2 and any sentimental disinclination to the practice would by itself1 in the course of time1 lead to the belief that the deity no longer cares for it1 or is averse to it4 ,brahmanism gradually abolished the immolation of human victims1 incompatible as it was with the precept of ahims1 or respect for everything that has life2 the liberation of the victim1 or the substitution in its stead and place of a #dfi figure made of flour paste1 both of which were at first matter of sufferance1 became at length matter of requirement4#beg ,according to the ,mahabharata1 the priest who performs a human sacrifice is cast into hell4#beh ,in ,greece1 in the historic age1 the practice was held in horror at least by all the better minds1 though it was regarded as necessary on certain occasions4#bei ,it was strongly condemned by enlightened ,romans4 ,cicero speaks of it as a monstrous and barbarous practice still disgracing ,gaul in his day2#bfj and ,pliny1 referring to the steps taken by ,tiberius to stop it1 declares it impossible to estimate the debt of the world to the ,romans for their efforts to put it down4#bfa ,footnote #beg3 ,barth1 ,religions of ,india1 p4 #ig4 ,footnote #beh3 ,supra1 p4 #deh4 ,footnote #bei3 ,stengel1 op4 cit4 p4 #aag4 ,cf4 ,donaldson1 loc4 cit4 p4 #dfd4 ,footnote #bfj3 ,cicero1 ,pro ,fonteio1 #aj 7#ba74 ,footnote #bfa3 ,pliny1 ,historia naturalis1 xxx4 #d 7#a74 ,the growing reluctance to offer human sacrifice led to various practices intended to replace it4#bfb ,speaking of the ,italian custom of dedicating as a sacrifice to the gods every creature that should be born in the following spring1 ,festus adds that1 since it seemed cruel to kill innocent boys and girls1 they were kept till they had grown up1 then veiled and driven beyond the boundaries4#bfc ,among various peoples human effigies or animals were offered instead of men4 ,footnote #bfb3 ,cf4 ,krause1 ',die ,ablsung der ,menschenopfer1' in ,kosmos1 #ahgh1 iii4 #gf sqq4 ,footnote #bfc3 ,festus1 op4 cit4 ',ver sacrum1' p4 #cgi4 ,among the ,malays of the ,malay ,peninsula dough models of human beings1 actually called the substitutes1 are offered up to the spirits on the sacrificial trays2 and in the same sense are the directions of magicians1 that if the spirit craves a human victim a cock may be substituted4#bfd ,we are told that1 in ,egypt1 ,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 there4#bfe ,the ,romans offered dolls2#bff and in old ,hindu families belonging to the sect of the ,vmchris a practice still obtains of sacrificing an effigy #dgj instead of a living man4#bfg ,in ,india1 ,greece1 and ,rome1 animals1 also1 were substituted for human victims4#bfh ,of a similar substitution there is probably a trace in the ,biblical story of ,isaac being exchanged for a ram1 and in the paschal sacrifice4#bfi ,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 purpose4#bgj ,footnote #bfd3 ,skeat1 ,malay ,magic1 p4 #gb4 ,footnote #bfe3 ,porphyry1 op4 cit4 ii4 #ee4 ,footnote #bff3 ,leist1 ,grco-italische ,rechtsgeschichte1 p4 #bgb sqq4 ,footnote #bfg3 ,rjendralla ,mitra1 op4 cit4 ii4 #aji sq4 ,footnote #bfh3 ,leist1 ,grco-italische ,rechtsgeschichte1 p4 #bfg sqq4 ,frazer1 ,golden ,bough1 ii4 #ch1 n4 #b4 ,pausanias1 ix4 #h4 #b4 ,for various modifications of human sacrifice in ,india1 see ,wilson1 ,works1 ii4 #bfg sq42 ,crooke1 ,popular ,religion of ,northern ,india1 ii4 #age sq4 ,footnote #bfi3 ,see supra1 p4 #deh4 ,footnote #bgj3 ,ellis1 ,tshi-speaking ,peoples1 p4 #ff4 ,in other cases human sacrifices have been succeeded by practices involving the effusion of human blood without loss of life4 ,we are told that1 in ,laconia1 ,lycurgus established the scourging of lads at the altar of ,artemis ,orthia1 in place of the sacrifice of men1 which had previously been offered to her2#bga and ,euripides represents ,athena as ordaining that1 when the people celebrate the festival of ,artemis the ,taurian goddess1 the priest1 to compensate her for the sacrifice of ,orestes1 must hold his knife to a human throat1 and blood must flow to satisfy the sacred claims of the goddess1 that she may have her honours4#bgb ,there are also many instances of bleeding or mutilation practised for the same purpose as human sacrifice1 probably according to the principle of pars pro toto1 though it is impossible to decide whether they really are survivals of an earlier sacrifice4 ,footnote #bga3 ,pausanias1 ix4 #af4 #aj4 ,footnote #bgb3 ,euripides1 ,iphigenia in ,tauris1 #adeh sqq4 ,besides the ceremony of nawgia1 already described1#bgc the ,tonga ,islanders had another ceremony called tootoo-nima1 or cutting off a portion of the little finger1 as a sacrifice to the gods1 for the recovery of a superior relation who was ill2 and so commonly was this done that1 in ,mariner's days1 there was scarcely a person living in the ,tonga ,islands who had not lost one or both little fingers1 or at least a considerable portion of them4#bgd ,in ,chinese literature there are frequently mentioned instances of persons cutting off flesh from their bodies to cure parents or paternal grandparents dangerously ill4 ,in most cases #dga it remains unmentioned how the flesh was prepared2 but it is sometimes stated that porridge or broth was made of it1 or that it was mixed with medicine4 ,dr4 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-mutilation4 ,but he adds that often also we read of thigh-cutters invoking ,heaven beforehand1 solemnly asking this highest power to accept their own bodies as a substitute for the patients' lives they wanted to save2 their mutilation thus assuming the character of self-immolation4#bge ,according to the testimony of a native writer1 there is scarcely a respectable house in all ,bengal1 the mistress of which has not at one time or other shed her blood1 under the notion of satisfying the goddess ,chandik by the operation4 ,whenever her husband or a son is dangerously ill1 a vow is made that on the recovery of the patient1 the goddess would be regaled with human blood4 4 4 4 ,the lady performs certain ceremonies1 and then bares her breast in the presence of the goddess1 and with a nail-cutter 7naruna7 draws a few drops of blood from between her breasts and offers them to the divinity4#bgf ,garcilasso de la ,vega states that1 whilst some of the ,peruvian ,indians before the time of the ,incas sacrificed men1 there were others who1 though they mixed human blood in their sacrifices1 did not obtain it by killing anyone1 but by bleeding the arms and legs1 according to the importance of the sacrifice1 and1 in the most solemn cases1 by bleeding the root of the nose where it is joined by the eyebrows4#bgg ,footnote #bgc3 ,supra1 p4 #dee4 ,footnote #bgd3 ,mariner1 op4 cit4 ii4 #bbb4 ,footnote #bge3 de ,groot1 ,religious ,system of ,china1 7vol1 iv4 book7 ii4 #chf sq4 ,footnote #bgf3 ,rjendralla ,mitra1 op4 cit4 i4 #aaa sq4 ,footnote #bgg3 ,garcilasso de la ,vega1 op4 cit4 i4 #eb4 ,there is one form of human sacrifice which has outlived all others1 namely1 the penal sacrifice of offenders4 ,there can be no moral scruples in regard to a rite which involves a punishment regarded as just4 ,indeed1 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 symbol4 ,for this is the only sacrifice which is intended to propitiate the deity by the mere death of the victim2 and gods are believed to be capable of feeling anger and revenge long after they have ceased to have material needs4 ,the last trace of human sacrifice has #dgb disappeared only when men no longer punish offenders capitally with a view to appeasing resentful gods4 99 99 99 99 99 ,human beings are sacrificed not only to gods1 but to dead men1 in order to serve them as companions or servants1 or to vivify their spirits1 or to gratify their craving for revenge4 ,from various quarters of the world we hear of the immolation of men for the service of the dead1 the victims generally being slaves1 wives1 or captives of war1 or1 sometimes1 friends4#bgh ,this rite occurs or has occurred1 more or less extensively1 in ,borneo#bgi and the ,philippine ,islands1#bhj in ,melanesia and ,polynesia1#bha in many different parts of ,africa1#bhb and among some ,american tribes4#bhc ,in ,america1 however1 it was carried to its height by the more civilised nations of ,central ,america and ,mexico1 ,bogota and ,peru4#bhd ,there is evidence to show that the funeral ceremonies #dgc of the ancient ,egyptians occasionally included human sacrifice at the gate of the tomb1 although the practice would seem to have been exceptional1 at any rate after ,egypt had entered upon her period of greatness4#bhe ,it has been suggested that in ,china the burial of living persons with the dead dates from the darkest mist of ages1 and that the cases on record in the native books are of relatively modern date only because in high antiquity the custom was so common1 that it did not occur to the annalists and chroniclers to set down such everyday matters as anything remarkable4#bhf ,in the fourteenth century of our era1 the funeral sacrifice of men was abolished1 even for emperors and members of the imperial family1#bhg but it has assumed a modified shape under which it still maintains itself in ,china4 ,daughters1 daughters-in-law1 and widows especially imbued with the doctrine that they are the property of their dead parents1 parents-in-law1 and husbands1 and accordingly owe them the highest degree of submissive devotion1 often take their lives1 in order to follow them into the next world4 ,and though it has been enacted that no official distinctions shall be awarded to such suttees1 whereas honours are granted to widowed wives1 concubines1 and brides who1 instead of destroying themselves1 simply abjure matrimonial life for good1 sutteeism of widows and brides still meets with the same applause as ever1 and many a woman is no doubt prevailed upon1 or even compelled1 by her own relations1 to become a suttee4#bhh ,professor ,schrader observes that it is no longer possible to doubt that ancient ,indo-,germanic custom ordained that the wife should die with her husband4#bhi ,it has been argued1 it is true1 that the burning of widows begins rather late in ,india2#bij yet1 though the modern ordinance of suttee-burning be a corrupt departure #dgd from the early ,brahmanic ritual1 the practice seems to be1 not a new invention by the later ,hindu priesthood1 but the revival of an ancient rite belonging originally to a period even earlier than the ,veda4#bia ,in the ,vedic ritual there are ceremonies which obviously indicate the previous existence of such a rite4#bib ,from ,greece we have the instances of ,evadne throwing herself into the funeral pile of her husband1#bic and of the suicide of the three ,messenian widows mentioned by ,pausanias4#bid ,sacrifice of widows occurred1 as it seems as a regular custom1 among the ,scandinavians1#bie ,heruli1#bif and ,slavonians4#big ,the fact1 says ,mr4 ,ralston1 that1 in ,slavonic lands1 a thousand years ago1 widows used to destroy themselves in order to accompany their dead husbands to the world of spirits1 seems to rest on incontestable evidence2 and if the dead was a man of means and distinction1 he was also solaced by the sacrifice of his slaves4#bih ,funeral offerings of slaves occurred among the ,teutons#bii and the ,gauls of ,csar's time2#cjj and in the ,iliad we read of twelve captives being laid on the funeral pile of ,patroclus4#cja ,footnote #bgh3 ,see ,tylor1 ,primitive ,culture1 i4 #deh sqq42 ,spencer1 ,principles of ,sociology1 i4 #bjc sqq42 ,liebrecht1 ,zur ,volkskunde1 p4 #chj sq42 ,schneider1 ,naturvlker1 i4 #bjb sqq42 ,hehn1 op4 cit4 p4 #daf sqq42 ,westermarck1 ,history of ,human ,marriage1 p4 #abe sq42 ,frazer1 ,pausanias1 iii4 #aii sq4 ,footnote #bgi3 ,brooke1 ,ten ,years in ,sarwak1 i4 #gd4 ,hose and ,mc,dougall1 ',relations between ,men and ,animals in ,sarawak1' in ,jour4 ,anthr4 ,inst4 xxxi4 #bjg sq4 ,bock1 ,head-,hunters of ,borneo1 pp4 #baj n41 #bai sq4 ,footnote #bhj3 ,blumentritt1 ',der ,ahnencultus und die religisen ,anschauungen der ,malaien des ,philippinen ,archipels1' in ,mittheilungen d4 ,geograph4 ,gesellsch4 in ,wien1 xxv4 #aeb sq4 ,footnote #bha3 ,westermarck1 op4 cit4 p4 #abe sq4 ,brenchley1 op4 cit4 p4 #bjh 7natives of ,tana74 ,williams and ,calvert1 op4 cit4 p4 #afa sq4 7,fijians74 ,lisiansky1 op4 cit4 p4 #ha 7,nukahivans74 ,mariner1 op4 cit4 ii4 #bbj sq4 7,tonga ,islanders74 ,taylor1 ,te ,ika a ,maui1 p4 #bah 7,maoris74 von ,kotzebue1 op4 cit4 iii4 #bdg 7,sandwich ,islanders74 ,footnote #bhb3 ,rowley1 ,africa ,unveiled1 p4 #abg4 ,idem1 ,religion of the ,africans1 p4 #ajb sq4 ,schneider1 ,religion der afrikanischen ,naturvlker1 p4 #aah sqq4 ,westermarck1 op4 cit4 p4 #abe4 ,ramseyer and ,khne1 ,four ,years in ,ashantee1 p4 #ej4 ,mockler-,ferryman1 ,british ,nigeria1 pp4 #bce1 #bei sqq4 ,burton1 ,mission to ,gelele1 ii4 #ai sqq4 7,dahomans74 ,idem1 ,abeokuta1 i4 #bbj sq4 ,idem1 ,lake ,regions of ,central ,africa1 i4 #abd 7,wadoe72 ii4 #be sq4 7,wanyamwezi74 ,wilson1 ,western ,africa1 pp4 #bjc1 #bai4 ,ellis1 ,tshi-speaking ,peoples of the ,gold ,coast1 p4 #aei sqq4 ,idem1 ,e7we-speaking ,peoples of the ,slave ,coast1 pp4 #aag1 #aah1 #aba sqq4 ,nachtigal1 ,sahara und ,sudan1 ii4 #fhg 7,somra and ,njillem74 ,baker1 ,ismalia1 p4 #cag sq4 7,wanyoro74 ,casati1 ,ten ,years in ,equatoria1 i4 #agj 7,mambettu74 ,callaway1 ,religious ,system of the ,amazulu1 p4 #bab sq4 ,footnote #bhc3 ,spencer1 ,principles of ,sociology1 i4 #bjd4 ,dorman1 op4 cit4 p4 #baj sqq4 ,westermarck1 op4 cit4 p4 #abe4 ,macfie1 ,vancouver ,island and ,british ,columbia1 p4 #ddh4 ,charlevoix1 ,voyage to ,north ,america1 ii4 #aif sq4 7,natchez74 ,rochefort1 ,histoire naturelle et morale des ,iles ,antilles1 p4 #efh sq4 7,caribs74 ,footnote #bhd3 ,tylor1 ,primitive ,culture1 i4 #dfa4 ,spencer1 ,principles of ,sociology1 i4 #bje4 ,dorman1 op4 cit4 p4 #bab sqq4 ,acosta1 op4 cit4 ii4 #cac1 #cad1 #cdd 7,peruvians74 ,footnote #bhe3 ,wiedemann1 ,ancient ,egyptian ,doctrine of the ,immortality of the ,soul1 p4 #fb n4 ,footnote #bhf3 de ,groot1 op4 cit4 7vol4 ii4 book7 i4 #gba4 ,footnote #bhg3 ,ibid4 7vol4 ii4 book7 i4 #gbd4 ,footnote #bhh3 ,ibid4 7vol4 ii4 book7 i4 #gce1 #ged1 #gdh4 ,footnote #bhi3 ,schrader1 ,prehistoric ,antiquities of the ,aryan ,peoples1 p4 #cia4 ,footnote #bij3 ,hopkins1 op4 cit4 p4 #bgd4 ,footnote #bia3 ,tylor1 ,primitive ,culture1 i4 #dfe sqq4 ,zimmer1 ,altindisches ,leben1 p4 #cca4 ,footnote #bib3 ,rig-,veda1 x4 #ah4 #h sq4 ,macdonell1 ,vedic ,mythology1 p4 #afe4 ,hillebrandt1 ',eine ,miscelle aus dem ,vedaritual1' in ,zeitschr4 d4 ,deutschen ,morgenlnd4 ,gesellsch4 xl4 #gaa4 ,oldenberg1 ,religion des ,veda1 p4 #ehg4 ,footnote #bic3 ,euripides1 ,supplices1 #ajjj sqq4 ,footnote #bid3 ,pausanias1 iv4 #b4 #g4 ,footnote #bie3 ,grimm1 ,deutsche ,rechtsalterthmer1 p4 #dea4 ,footnote #bif3 ,procopius1 op4 cit4 ii4 #ad4 ,footnote #big3 ,dithmar of ,merseburg1 ,chronicon1 viii4 #b 7,pertz1 ,monumenta ,germani historica1 v4 #hfa74 ,zimmer1 op4 cit4 p4 #ccj4 ,footnote #bih3 ,ralston1 ,songs of the ,russian ,people1 p4 #cbg sq4 ,footnote #bii3 ,grimm1 op4 cit4 p4 #cdd4 ,footnote #cjj3 ,csar1 ,de bello gallico1 vi4 #ai4 ,in the ancient annals of the ,irish there is one trace of human sacrifice being offered as a funeral rite 7,cusack1 ,history of the ,irish ,nation1 p4 #aae n49974 ,footnote #cja3 ,iliad1 xxiii4 #age4 ,according to early notions1 men require wives and servants not only during their life-time1 but after their death4 ,the surviving relatives want to satisfy their needs1 out of affection or from fear of withholding from the dead what belongs to them--their wives and their slaves4 ,the destruction of innocent life seems justified by the low social standing of the victims and their subjection to their husbands or masters4 ,however1 with advancing civilisation this sacrifice has a tendency to #dge disappear1 partly1 perhaps1 on account of a change of ideas as regards the state after death1 but chiefly1 ,i presume1 because it becomes revolting to public feelings4 ,it then dwindles into a survival4 ,as a probable instance of this may be mentioned a custom prevalent among the ,tacullies of ,north ,america3 the widow is compelled by the kinsfolk of the deceased to lie on the funeral pile where the body of her husband is placed1 whilst the fire is lighting1 until the heat becomes intolerable4#cjb ,in ancient ,egypt little images of clay1 or wood1 or stone1 or bronze1 made in human likeness and inscribed with a certain formula1 were placed within the tomb1 presumably in the hopes that they would there attain to life and become the useful servants of the dead4#cjc ,so also the ,japanese#cjd and ,chinese1 already in early times1 placed images in1 or at1 the tombs of their dead as substitutes for human victims2 and these images have always been considered to have no less virtual existence in the next world than living servitors1 wives1 or concubines4 ,in ,china the original immolations were1 moreover1 replaced by the custom of allowing the nearest relatives and slaves of the deceased simply to settle on the tomb1 instead of entering it1 there to sacrifice to the manes1 and by prohibiting widows from remarrying4#cje ,footnote #cjb3 ,wilkes1 ,u4,s4 ,exploring ,expedition1 iv4 #dec4 ,footnote #cjc3 ,wiedemann1 ,ancient ,egyptian ,doctrine of the ,immortality of the ,soul1 p4 #fc4 ,footnote #cjd3 ,tylor1 ,primitive ,culture1 i4 #dfc4 ,footnote #cje3 de ,groot1 op4 cit4 7vol4 ii4 book7 i4 #gid sqq4 ,the practice of sacrificing human beings to the dead is not exclusively based on the idea that they require servants and companions4 ,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 warm1 red sap of life4#cjf ,this seems to be the meaning of the ,dahoman custom of pouring blood over the graves of the ancestors of the king4#cjg ,so1 also1 in ,ashanti human sacrifices are frequent and ordinary1 to #dgf water the graves of the ,kings4#cjh ,in the ,german folk-tale known under the name of ',faithful ,john1' the statue said to the ,king1 ,if you1 with your own hand1 cut off the heads of both your children1 and sprinkle me with their blood1 ,i shall be brought to life again4#cji ,according to primitive ideas1 blood is life2 to receive blood is to receive life2 the soul of the dead wants to live1 and consequently loves blood4 ,the shades in ,hades are eager to drink the blood of ,odysseus' sacrifice1 that their life may be renewed for a time4#caj ,and it is all the more important that the soul should get what it desires as it otherwise may come and attack the living4 ,the belief that the bloodless shades leave their graves at night and seek renewed life by drawing the blood of the living1 is prevalent in many parts of the world4#caa ,as late as the eighteenth century this belief caused an epidemic of fear in ,hungary1 resulting in a general disinterment1 and the burning or staking of the suspected bodies4#cab ,it is also possible that the mutilations and self-bleedings which accompany funerals are partly practised for the purpose of refreshing the departed soul4#cac ,the ,samoans called it an offering of blood for the dead when the mourners beat their heads with stones till the blood ran4#cad ,footnote #cjf3 ,cf4 ,spencer1 ,principles of ,sociology1 i4 #bhh sq42 ,rockholz1 ,deutscher ,glaube und ,brauch1 i4 #ee2 ,sepp1 ,vlkerbrauch bei ,hochzeit1 ,geburt und ,tod1 p4 #aed2 ,trumbull1 ,blood ,covenant1 p4 #aaj sqq4 ,footnote #cjg3 ,reade1 ,savage ,africa1 p4 #ea sq4 ,footnote #cjh3 ,bowdich1 ,mission from ,cape ,castle to ,ashantee1 p4 #bhi4 ,footnote #cji3 ,grimm1 ,kinder- und ,hausmrchen1 p4 #bi sq4 ,footnote #caj3 ,odyssey1 xi4 #aec4 ,footnote #caa3 ,trumbull1 ,blood ,covenant1 p4 #aad sq4 ,footnote #cab3 ,farrer1 ,primitive ,manners and ,customs1 p4 #bc sq4 ,footnote #cac3 ,cf4 ,spencer1 ,principles of ,sociology1 i4 #aha sq4 ,footnote #cad3 ,turner1 ,nineteen ,years in ,polynesia1 p4 #bbg4 ,finally1 as offenders are sacrificed to gods in order to appease their wrath1 so manslayers are in many cases killed in order to satisfy their victims' craving for revenge4 ,in the next chapter we shall see that the execution of blood-revenge largely falls under the heading of human sacrifice for the dead4 ,,chapter ,,xx ,,blood-,,revenge ,,and ,,compensation--,,the ,,punishment ,,of ,,death ,,according to early custom1 a person who takes the life of another may himself be killed by the relatives of his victim1 or some other member of his family1 clan1 or tribe may be killed in his stead4#a ,the custom of blood-revenge is found among a host of existing savages and barbarians1 and has long survived among many peoples who have reached a higher degree of culture4 ,footnote #a3 ,the collective responsibility usually involved in the blood-feud has been discussed supra1 p4 #cj sqq4 ,we meet with blood-revenge in the midst of ,japanese civilisation1 not as a mere fact1 but as a legally permitted custom4 ,the avenger had only to observe certain prescribed formalities and regulations3 there was a regular official to whom he must announce his resolve1 and he must fix the time within which he would carry it out4 ,the way in which the enemy was killed was of no importance1 except that1 even in ancient times1 the man who had recourse to assassination was reprehensible4#b ,among the ,hebrews blood-revenge continued to exist during the periods of the ,judges and ,kings1 and even later2 under the ,old ,kingdom1 says ,wellhausen1 the administration of justice was at best but a scanty supplement to the practice of self-help4#c ,it is a rule among #dgh all the ,arabs that whoever sheds the blood of a man owes blood on that account to the family of the slain person4#d ,says the ,koran3--,o ye who believe6 ,retaliation is prescribed for you for the slain4#e ,in ancient ,eran blood-revenge survived the establishment of tribunals4#f ,there is evidence left of its prevalence in early times among the ,aryan population of ,india1 though no mention is made in the ,stras of blood revenge as an existing custom4#g ,among the ,greeks it was only in the post-,homeric age that it was given up as a fundamental principle1 the avenger being transformed into an accuser4#h ,in ,gaul and ,ireland1 though justice was administered by ,druids or ,brehons1 their judgments seem to have been merely awards founded upon a submission to arbitration1 the injured person being at liberty to take the law into his own hands and redress himself4#i ,in the preface to the ,senchus ,mr we read that retaliation prevailed in ,erin before ,patrick1 and that ,patrick brought forgiveness with him4#aj ,among the clans of ,scotland1 as is well known1 the blood-feud has existed up to quite modern times2 in the ,catholic period even the ,church recognised its power by leaving the right hand of male children unchristened1 that it might deal the more unhallowed and deadly a blow to the enemy4#aa ,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 slain1 instead of paying the wer2#ab and long after the ,conquest we still meet with a law against the system of #dgi private revenge4#ac ,in ,frisland1 ,lower ,saxony1 and parts of ,switzerland1 the blood-feud was practised as late as the sixteenth century4#ad ,in ,italy it prevailed extensively1 even among the upper classes1 in the sixteenth and seventeenth centuries4#ae ,in ,corsica1#af ,albania1#ag and ,montenegro1#ah it exists even to this day4 ,footnote #b3 ,rein1 ,japan1 p4 #cbf4 ,dautremer1 ',the ,vendetta or ,legal ,revenge in ,japan1' in ,trans4 ,asiatic ,soc4 ,japan1 xiii4 #hd sq4 ,footnote #c3 ,wellhausen1 ,prolegomena to the ,history of ,israel1 p4 #dfg4 ,footnote #d3 ,burckhardt1 ,notes on the ,bedouins and ,wahbys1 p4 #he4 ,footnote #e3 ,koran1 ii4 #agc4 ,cf4 ibid4 xvii4 #ce4 ,footnote #f3 ,geiger1 ,civilization of the ,eastern ,iranians1 ii4 #ca sqq4 ,footnote #g3 ,leist1 ,alt-arisches ,jus ,gentium1 p4 #dbb4 ,footnote #h3 ,idem1 ,grco-italische ,rechtsgeschichte1 #ej sq41 especially pp4 #cge1 #cha4 ,in ,rome blood-revenge appears to have been very early suppressed4 ,there is an echo of it in certain legends1 but even in them it is represented as objectionable 7,mommsen1 ,history of ,rome1 i4 #aij74 ,footnote #i3 ,maine1 ,early ,history of ,institutions1 lect4 ii4 d',arbois de ,jubainville1 ',des attributions judiciaires de l'autorit publique chez les ,celtes1' in ,revue ,celtique1 vii4 #e4 ,ancient ,laws of ,ireland1 iii4 p4 lxxxix4 ,footnote #aj3 ,skene1 ,celtic ,scotland1 iii4 #aeb4 ,footnote #aa3 ,mackintosh1 ,history of ,civilisation in ,scotland1 ii4 #bgi4 ,footnote #ab3 ,pollock and ,maitland1 ,history of ,english ,law before the ,time of ,edward ,i4 i4 #dh4 ,footnote #ac3 ,cherry1 ,growth of ,criminal ,law in ,ancient ,communities1 p4 #he4 ,footnote #ad3 ,gnther1 ,idee der ,wiedervergeltung1 i4 #bjg sq4 ,frauenstdt1 ,blutrache und ,todtschlagshne im ,deutschen ,mittelalter1 p4 #ba4 ,cf4 ,arnold1 ,deutsche ,urzeit1 p4 #cdb4 ,footnote #ae3 ,simonde de ,sismondi1 ,histoire des rpubliques italiennes du moyen ge1 xvi4 #def4 ,footnote #af3 ,gregorovius1 ,wanderings in ,corsica1 i4 #agf sqq4 ,footnote #ag3 ,gopvcevi'c1 ,oberalbanien und seine ,liga1 p4 #cbb sqq4 ,footnote #ah3 ,kohl1 ,reise nach ,istrien1 i4 #djf sqq4 ,popovi'c1 ,recht und ,gericht in ,montenegro1 p4 #fi4 ,blood-revenge is regarded not only as a right1 but as a duty4 ,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 relation4 ,until he has fulfilled this task1 he is constantly taunted by the old women2 his wives1 if he be married1 would soon quit him2 if he is unmarried1 not a single young woman would speak to him2 his mother would constantly cry1 and lament she should ever have given birth to so degenerate a son2 his father would treat him with contempt1 and reproaches would constantly be sounded in his ear4#ai ,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 death1 and would do so without the slightest hesitation4#bj ,in his description of the ,eskimo about ,behring ,strait1 ,mr4 ,nelson states that blood-revenge is considered a sacred duty among all the ,eskimo1 a duty incumbent on the nearest male relative2 if the son of the murdered man is an infant1 it rests with him to seek revenge as soon as he attains puberty4#ba ,among the ,dacotahs no one can escape this law of retaliation2 public opinion would brand with disgrace whoever fled under such circumstances4#bb ,the ,brazilian aborigines #dhj consider it a moral obligation1 a matter of conscience1 for a son1 a brother1 or a nephew1 to avenge the death of his relative4#bc ,speaking of the ,guiana ,indians1 ,sir ,e4 ,f4 ,im ,thurn observes that1 in all primitive societies where there are no written laws and no supreme authority to enforce justice1 such vengeance has been held as a sacred duty4#bd ,confucius affirmed1 in the strongest and most unrestricted terms1 the duty of avenging the murder of a father or a brother4#be ,in ,japan the man who was weak enough not to try to put to death the murderer of his father or his lord1 was obliged to flee into hiding2 from that day1 he was despised by his own companions4#bf ,the ,lord said to ,moses3--,the revenger of blood himself shall slay the murderer2 when he meeteth him1 he shall slay him4#bg ,a similar rule1 as we have seen1 is laid down in the ,koran4#bh ,the idea that blood-revenge is a sacred duty incumbent on the kindred of the deceased was probably held by all so-called ,aryan peoples4#bi ,it still prevails in ,albania1#cj ,montenegro1#ca and ,corsica4 ,not to take revenge is considered by the genuine ,corsicans as degrading4 4 4 4 ,any one who shrinks from avenging himself 4 4 4 is allowed no rest by his relations1 and all his acquaintances upbraid him with pusillanimity4#cb ,footnote #ai3 ,grey1 ,journals of ,expeditions of ,discovery in ,north-,west and ,western ,australia1 ii4 #bdj4 ,footnote #bj3 ,dawson1 ,australian ,aborigines1 p4 #ga4 ,footnote #ba3 ,nelson1 ',eskimo about ,bering ,strait1' in ,ann4 ,rep4 ,bur4 ,ethn4 xviii4 p4 #bib sq4 ,footnote #bb3 ,domenech1 ,seven ,years' ,residence in the ,great ,deserts of ,north ,america1 ii4 #cch4 ,footnote #bc3 von ,martius1 ,beitrge zur ,ethnographie ,amerika's1 i4 #abh4 ,footnote #bd3 ,im ,thurn1 ,among the ,indians of ,guiana1 p4 #cbi sq4 ,footnote #be3 ,legge1 ,chinese ,classics1 i4 #aaa4 ,douglas1 ,confucianism and ,taouism1 p4 #ade4 ,footnote #bf3 ,dautremer1 loc4 cit4 p4 #hc4 ,cf4 ,griffis1 ,corea1 p4 #bbg 7,coreans74 ,footnote #bg3 ,numbers1 xxxv4 #ai4 ,footnote #bh3 ,for modern ,arabs1 see ,burckhardt1 ,notes on the ,bedouins and ,wahbys1 p4 #cac sq42 ,blunt1 ,bedouin ,tribes of the ,euphrates1 ii4 #bjg4 ,footnote #bi3 ,geiger1 op4 cit4 ii4 #cb 7,avesta people74 ,leist1 ,alt-arisches ,jus ,gentium1 p4 #dbb4 ,idem1 ,grco-italische ,rechtsgeschichte1 p4 #cbc sqq4 de ,valroger1 op4 cit4 p4 #dgb 7,celts74 ,nordstrm1 ,bidrag till den svenska samhlls-frfattningens historia1 ii4 #bbi2 ,stemann1 ,den ,danske ,retshistorie indtil ,christian ,v4's ,lov1 p4 #egd2 ,keyser1 ,efterladte ,skrifter1 ii4 pt4 ii4 #ie2 ,rosenberg1 ,nordboernes ,aandsliv1 i4 #dhg 7,teutons74 ,miklosich1 ',die ,blutrache bei den ,slaven1' in ,denkschriften der kaiserl4 ,akademie d4 ,wissensch4 ,philos4 histor4 ,classe1 ,vienna1 xxxvi4 #abg sqq4 ,ewers1 ,das alteste ,recht der ,russen1 p4 #ej sq4 ,footnote #cj3 ,hahn1 ,albanesische ,studien1 i4 #agf4 ,footnote #ca3 ,popovi'c1 op4 cit4 p4 #fi4 ,kohl1 op4 cit4 i4 #dji1 #dac sqq4 ,miklosich1 loc4 cit4 p4 #ade4 ,footnote #cb3 ,gregorovius1 op4 cit4 i4 #ahj sq4 ,for other instances of blood-revenge as a duty1 see ,boas1 ',central ,eskimo1' ,ann4 ,rep4 ,bur4 ,ethn4 vi4 #ehb2 ,petroff1 ',report on ,alaska1' in ,tenth ,census of the ,united ,states1 p4 #aeh 7,atkha ,aleuts72 ,kohler1 in ,zeitschr4 f4 vergl4 ,rechtswiss4 vii4 #cgf 7,papuans of ,new ,guinea72 ,modigliani1 ,viaggio a ,nas1 p4 #dga2 ,bowring1 ,visit to the ,philippine ,islands1 p4 #agg2 ,macpherson1 ,memorials of ,service in ,india1 p4 #hb 7,kandhs72 ,radde1 ,die ,chews'uren1 p4 #aae2 von ,haxthausen1 ,transcaucasia1 p4 #djf sqq4 7,ossetes72 ,munzinger1 ,die ,sitten und das ,recht der ,bogos1 p4 #hg2 ,mungo ,park1 ,travels in the ,interior of ,africa1 p4 #ac 7,feloops bordering on the ,gambia72 ,leuschner1 in ,steinmetz1 ,rechtsverhltnisse von eingeborenen ,vlkern in ,afrika und ,ozeanien1 p4 #bc 7,bakwiri72 ibid4 p4 #di 7,banaka and ,bapuku72 ,nicole1 ibid4 p4 #acb 7,diakit-,sarrakolese72 ,lang1 ibid4 p4 #bef sq4 7,washambala72 ,kraft1 ibid4 p4 #bib 7,wapokomo72 ,viehe1 ibid4 p4 #caa 7,ovaherero72 ,rautanen1 ibid4 p4 #cda 7,ondonga72 ,sorge1 ibid4 p4 #dah 7,nissan ,islanders in the ,bismarck ,archipelago74 #dha ,the duty of blood-revenge is1 in the first place1 regarded as a duty to the dead1 not merely because he has been deprived of his highest good1 his life1 but because his spirit is believed to find no rest after death until the injury has been avenged4#cc ,the disembodied soul carries into its new existence an eager longing for revenge1 and1 till the crime has been duly expiated1 hovers about the earth1 molesting the manslayer or trying to compel its own relatives to take vengeance on him4 ,footnote #cc3 ,see ,kohler1 ,shakespeare vor dem ,forum der ,jurisprudenz1 p4 #aca sq42 ,steinmetz1 ,ethnol4 ,studien zur ersten ,entwicklung der ,strafe1 i4 #bia sqq42 ,idem1 ,rechtsverhltnisse1 p4 #di 7,banaka and ,bapuku72 ,nicole1 ibid4 p4 #acb 7,diakit-,sarrakolese72 ,lang1 ibid4 p4 #beg 7,washambala74 ,according to ,yakut beliefs1 a person who is murdered becomes a yor1 that is1 his ghost never comes to rest4#cd ,the ,cheremises imagine that the spirits of persons who have died a violent death cause illness1 especially fever and ague4#ce ,the ,saoras of ,india seem to have most fear of the spirits of those who have died violent deaths4#cf ,the ,burmese believe that persons who meet a violent death become nats and haunt the place where they were killed4#cg ,the ,hudson ,bay ,eskimo regard the island of ,akpatok as tabooed since the murder of part of the crew of a wrecked vessel1 who camped on that island2 not a soul visits that locality lest the ghosts of the victims should appear and supplicate relief from the natives1 who have not the proper offerings to make to appease them4#ch ,the ,omahas believe that the spirits of those who have been killed reappear after death1 their errand being to solicit vengeance on the perpetrators of the deed4#ci ,according to ,genesis1 the voice of #dhb blood shed cried for vengeance until the murderer was punished4#dj ,a similar notion prevailed among the ,bedouins1 hence they thought they might escape the taking of revenge by covering up the blood with earth4#da ,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 them4#db ,according to ,rohde1 this belief was in full force at ,athens in the fifth and fourth centuries before ,christ4#dc ,aeschylus attributes an ,erinys to the heinous crime of a man's neglecting his duty as avenger of blood#dd--;in other words1 the soul of the slain turned its anger against the neglectful relative4 ,traces of the same belief still survive in various parts of ,europe4#de ,in ,wrend1 in ,sweden1 the people maintain that the unsatisfied ghost of a murdered man visits his relatives at night1 and disturbs their rest2 and it was an ancient custom among them that1 if the murderer was not known1 the nearest relation of the dead1 before the knell began1 went forward to the corpse and asked the dead himself to avenge his murder4#df ,footnote #cd3 ,sumner1 in ,jour4 ,anthr4 ,inst4 xxxi4 #aja4 ,footnote #ce3 ,abercromby1 ,pre- and ,proto-historic ,finns1 i4 #afh sq4 ,footnote #cf3 ,fawcett1 in ,jour4 ,anthrop4 ,soc4 ,bombay1 i4 #ei4 ,footnote #cg3 ,schway ,yoe1 ,the ,burman1 i4 #bhf4 ,footnote #ch3 ,turner1 ',ethnology of the ,ungava ,district1' in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #ahf4 ,footnote #ci3 ,james1 ,expedition from ,pittsburgh to the ,rocky ,mountains1 i4 #bfg4 ,footnote #dj3 ,genesis1 iv4 #aj4 ,footnote #da3 ,jacob1 ,leben der vorislmischen ,beduinen1 p4 #adf4 ,cf4 ,schwally1 ,leben nach dem ,tode1 p4 #eb sq4 ,footnote #db3 ,see ,dyer1 ,the ,ghost ,world1 p4 #fe sqq42 ,andree1 ,ethnographische ,parallelen1 p4 #hj sqq4 ,footnote #dc3 ,rohde1 ,psyche1 p4 #bdj4 ,cf4 ,idem1 ',paralipomena1' in ,rheinisches ,museum fr ,philologie1 #ahie1 p4 #ai sq42 ,schmidt1 ,ethik der alten ,griechen1 ii4 #abe sqq4 ,footnote #dd3 ,aeschylus1 ,choephori1 #bhc sqq4 ,cf4 ibid4 #djj sqq42 ,plato1 ,leges1 ix4 #hff4 ,footnote #de3 ,dyer1 op4 cit4 p4 #fh sqq4 ,thorpe1 ,northern ,mythology1 ii4 #ai sq4 ,footnote #df3 ,hyltn-,cavallius1 ,wrend och ,wirdarne1 ii4 #bgd2 i4 #dgc4 ,from one point of view1 blood-revenge is thus a form of human sacrifice4 ,sometimes it even formally bears a strong resemblance to certain other human sacrifices which are offered to the dead4 ,among some ,queensland tribes1 when the assassin has been caught red-handed1 the slayer and slain are buried together in the same grave2#dg and among the ancient ,teutons the avenger by preference slew the culprit at the feet of the murdered man1 or at his tomb4#dh ,blood-revenge also resembles other kinds of human sacrifice so far that it serves as a safeguard for the sacrificer--in this case the avenger1 who would otherwise expose himself to the persecutions of the revengeful spirit of the dead4 ,footnote #dg3 ,roth1 ,ethnological ,studies among the ,north-,west-,central ,queensland ,aborigines1 p4 #afe4 ,footnote #dh3 ,wilda1 ,strafrecht der ,germanen1 pp4 #agj1 #fib4 ,but the practice of blood-revenge is not exclusively #dhc based on a desire to avenge the injury done to a fellow-creature and to gratify the angry passion of his soul4 ,the act which caused his death is at the same time an injury inflicted upon the survivors4 ,hence1 in many cases1 a murder committed within the family or kin is left unavenged4#di ,among the ,iroquois1 says ,loskiel1 any one who has murdered his own relative escapes without much difficulty1 since the family1 who alone have a right to take revenge1 do not choose to weaken their influence by depriving themselves of another member besides the one whom they have already lost4#ej ,again1 when the murderer belongs to an extraneous family1 the injury inflicted on the relatives of the murdered man suggests not only revenge1 but reparation4 ,footnote #di3 ,steinmetz1 ,ethnologische ,studien zur ersten ,entwicklung der ,strafe1 ii4 #aei sqq4 ,mauss1 ',la religion et les origines du droit pnal1' in ,revue de l'histoire des religions1 xxxv4 #dd4 ,kovalewsky1 ',les origines du devoir1' in ,revue internationale de ,sociologie1 ii4 #hf4 ,cf4 ,seebohm1 ,tribal ,custom in ,anglo-,saxon ,law1 pp4 #cj1 #db 7,welsh72 ,robertson ,smith1 ,religion of the ,semites1 p4 #dbj2 ,idem1 ,marriage and ,kinship in early ,arabia1 p4 #be4 ,among the ,jbla of ,northern ,morocco blood-revenge is taken for the killing of a cousin1 but not for the killing of a brother4 ,footnote #ej3 ,loskiel1 ,history of the ,mission of the ,united ,brethren among the ,indians in ,north ,america1 i4 #af4 ,the taking of life for life may itself1 in a way1 serve as compensation4 ,it seems that1 in some cases1 the blood of the slain homicide is supposed to restore1 as it were1 to the family of his victim the loss of life which he has caused them4#ea ,such an idea probably underlies a custom which ,burckhardt heard existed among the ,hallenga1 who draw their origin from ,abyssinia4 ,when the slayer has been seized by the relatives of the deceased1 a family feast is proclaimed1 at which the murderer is brought into their midst4 ,while his throat is then slowly cut with a razor1 the blood is caught in a bowl and handed round amongst the guests1 every one of whom is bound to drink of it at the moment the victim breathes his last4#eb ,among various ,arabic-speaking tribes in ,morocco ,i have met with a practice which also1 possibly1 involves a vague idea of restoration4 ,on the perpetration of his deed the avenger #dhd licks off the blood from the blade of the dagger with which he killed his victim2 and in one instance related to me1 he bit off a piece of flesh from the dead body and sucked its blood4#ec ,mr4 ,trumbull even goes so far as to believe that1 among the ,hebrews1 the primal idea of the goel's mission was not to wreak vengeance1 but to restore life for life1 or to secure the adjusted equivalent of a lost life4#ed ,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 term4 ,if the loss of life is to be compensated some other practice must take its place4 ,footnote #ea3 ,cf4 ,trumbull1 ,blood ,covenant1 p4 #abf sqq4 ,footnote #eb3 ,burckhardt1 ,travels in ,nubia1 p4 #cef4 ,footnote #ec3 ,cf4 ,goldziher1 in ,robertson ,smith1 ,kinship and ,marriage in ,early ,arabia1 p4 #bif n4 #a4 ,footnote #ed3 ,trumbull1 ,blood ,covenant1 pp4 #bfj1 #bfc4 ,sometimes the manslayer1 instead of being killed1 is adopted as a member of the family of his victim4#ee ,among the ,kabyles of ,algeria1 for instance1 a person who has killed another unintentionally1 goes to the parents of the dead and says to them3 ,if you want to kill me1 kill me1 here is my winding-sheet4 ,if not1 pardon me1 and ,i shall henceforth be one of your children4 ,and from this day the manslayer is considered to belong to the kharouba1 or gens1 of the deceased4#ef ,among the ,jbla of ,northern ,morocco1 again1 a homicide sometimes induces the avenger to abstain from his persecutions by giving him his sister or daughter in marriage2 and a similar custom has been noticed among the ,beni ,amer#eg and ,bogos4#eh ,in other cases slaves are given to the relatives of the slain in order to atone for the guilt2#ei but most commonly the compensation consists of cattle1 money1 or other property4 ,footnote #ee3 ,see ,steinmetz1 ,studien1 i4 #daj sqq41 #dci sqq42 ,kovalewsky1 in ,revue ,internationale de ,sociologie1 ii4 #hg sq4 ,footnote #ef3 ,hanoteau and ,letourneux1 ,la ,kabylie1 iii4 #fh sq4 ,footnote #eg3 ,munzinger1 ,ostafrikanische ,studien1 p4 #cbb4 ,footnote #eh3 ,idem1 ,die ,sitten und das ,recht der ,bogos1 p4 #hc4 ,cf4 ,kohler1 ,nachwort zu ,shakespeare vor dem ,forum der ,jurisprudenz1 p4 #ae sq4 ,footnote #ei3 ,squier1 ',archology and ,ethnology of ,nicaragua1' in ,trans4 ,american ,ethn4 ,soc4 iii4 pt4 i4 #abi4 ,idem1 ,nicaragua1 ii4 #cde 7ancient ,nicaraguans74 ,macdonald1 ,africana1 i4 #aga 7,eastern ,central ,africans74 ,by giving presents to the relatives of his victim1 the offender not only repairs the loss which he has inflicted #dhe upon them1 but also appeases their wounded feelings4#fj ,the pleasure of gain tends to suppress their passion1 and the loss and humiliation which the adversary suffers by the gift exercise a healing influence on their resentment4#fa ,sometimes the present is chiefly intended to serve as an apology4 ,among the ,iroquois1 according to ,mr4 ,morgan1 the white wampum which the murderer sent to the family of his victim and which1 if accepted1 for ever wiped out the memory of his deed1 was not in the nature of a compensation for the life of the deceased1 but of a regretful confession of the crime1 with a petition for forgiveness4#fb ,compensation1 moreover1 has the advantage of saving the injured party the dangers involved in a blood-feud1 the uncertainty of the issue1 and the serious consequences which may result from the accomplished act of revenge4 ,whilst the carrying out of the principle of life for life often leads to protracted hostilities between the parties1 compensation has a tendency to bring about a durable peace4 ,for this reason it is to the interest of society at large to encourage the latter practice2 and this encouragement naturally adds to its attractions4 ,footnote #fj3 ,re1 ,entstehung des ,gewissens1 p4 #eg sqq4 ,steinmetz1 ,studien1 i4 #dgb sq4 ,footnote #fa3 ,cf4 ,miklosich1 loc4 cit4 p4 #adh2 ,kohl1 op4 cit4 i4 #dbf1 #dcf 7,montenegrines and ,albanians74 ,footnote #fb3 ,morgan1 ,league of the ,iroquois1 pp4 #cca1 #ccc4 ,cf4 ,turner1 ,samoa1 p4 #cbf 7people of ,aneiteum74 ,but in spite of its merits1 the practice of composition has1 in comparison with blood-revenge1 various disadvantages4 ,it is not equally calculated to satisfy a revengeful mind4 ,it has to contend with the conservatism of ancient custom4 ,it may be taken as a token of cowardice or weakness1 whereas the blood-feud gives to its perpetrator an opportunity to display his courage and skill4 ,it may be considered offensive to the dead kinsman4 ,finally1 if it is to flourish1 it presupposes a certain amount of wealth4#fc #dhf ,the importance of these difficulties depends on the circumstances in each special case4 ,vindictiveness1 conservatism1 the desire for fighting1 and the estimation in which courage and martial ability are held1 are naturally subject to variations1 and so are people's wealth and their willingness to compensate4 ,the ideas held concerning the spirits of the departed are likewise variable4 ,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 ,hades1 without strong passions and without the power to molest the living2 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 dead4#fd ,in other cases the deceased is supposed to be appeased by a mere ceremony1 or by a vicarious sacrifice4 ,the ,ossetes believe that he often appears in a dream to some of his descendants1 tantt pour exiger de lui la vengeance1 tantt pour lui permettre1 au contraire1 de la remplacer par un simple office des morts 4 4 4 4 ,revtu d'habits de deuil1 les cheveux pars1 l'assassin ,osste vient sur la tombe de celui qu'il a tu1 pour accomplir une crmonie dont le but avr est de se consacrer lui-mme sa victime4 ,cette crmonie est connue sous le nom de kifaeldicn3 le meurtrier se livre spontanment au dfunt1 qui1 en la personne de son descendant1 lui pardonne son offense4#fe ,in ,eastern ,central ,africa1 says ,mr4 ,macdonald1 if one man slay another1 the friends of the deceased are justified in killing the murderer on the spot4 ,but if they catch him alive they put him in a slave-stick1 till compensation be made by a heavy fine of from four to twenty slaves4 ,when the fine is paid the life of the murderer is not demanded1 but several of the slaves obtained in compensation are killed1 to accompany the deceased4#ff ,in other instances the dead is perhaps supposed to be appeased by the mere compensation #dhg paid to his descendants1 or his feelings are simply disregarded when they collide with the interests of the living4#fg ,generally speaking1 the question whether compensation is to be accepted or not1 must be settled by a balancing of advantages and drawbacks4 ,footnote #fc3 ,for the influence of wealth on the practice of composition1 see ,steinmetz1 ,studien1 i4 #dbg sqq41 and ,lippert1 ,kulturgeschichte der ,menschheit1 ii4 #eia4 ,occasionally1 however1 composition occurs even among such a poor people as the ,yahgans of ,tierra del ,fuego4 ,sometimes1 says ,mr4 ,bridges 7in ,a ,voice for ,south ,america1 xiii4 #bjg71 the murderer is suffered to live1 but he is much beaten and hurt1 and has to make many presents to the relatives of the dead4 ,footnote #fd3 ,schmidt1 ,ethik der alten ,griechen1 ii4 #abe sqq4 ,rohde1 ,psyche1 pp4 #h sqq41 #bch4 ,footnote #fe3 ,kovalewsky1 ,coutume contemporaine et loi ancienne1 p4 #bch4 ,footnote #ff3 ,macdonald1 ,africana1 i4 #agj sq4 ,footnote #fg3 ,cf4 ,steinmetz1 ,studien1 i4 #deb4 ,we may expect1 then1 to find the customs regarding blood-revenge and compensation to vary exceedingly among different peoples4 ,among many the rule of revenge is strictly followed1 and compensation never1 or rarely1 accepted1 at least for intentional homicide4 ,this group includes not only tribes who are in a state of savagery1 but peoples like the ,beni ,amer1#fh ,marea1#fi ,kabyles of ,jurjura1#gj and ,jbla of ,morocco4 ,burckhardt says of the ,bedouins3--,the stronger and the more independent a tribe is1 the more remote from cultivated provinces1 and the wealthier its individuals1 the less frequently are the rights of the ,thar commuted into a fine4 ,great sheiks1 all over the ,desert1 regard it as a shameful transaction to compromise in any degree for the blood of their relations4#ga ,among the mountains of ,daghestan#gb and in parts of ,albania#gc it is likewise considered disgraceful to accept compensation for the murder of a relative4 ,footnote #fh3 ,munzinger1 ,ostafrikanische ,studien1 p4 #cba sq4 ,footnote #fi3 ,ibid4 p4 #bdb4 ,footnote #gj3 ,hanoteau and ,letourneux1 op4 cit4 iii4 #fa sq4 ,footnote #ga3 ,burckhardt1 ,notes on the ,bedouins and ,wahbys1 p4 #agh1 ,cf4 ,burton1 ,pilgrimage to ,al-,madinah and ,meccah1 ii4 #ajc4 ,footnote #gb3 ,kovalesky1 in ,revue internationale de ,sociologie1 ii4 #hg4 ,footnote #gc3 ,hahn1 op4 cit4 i4 #agh4 ,in some instances the acceptance of compensation does not necessarily mean that the family of the slain altogether renounce their right of revenge4 ,among the ,ahts1 though it is usual to accept large presents as expiation for murder1 yet1 practically1 this expiation is not complete1 and blood alone effectually atones for blood4 ,an accepted present never quite cancels the obligation to punish in the breast of the offended person or tribe4#gd ,among the ,somals1 after the equivalent is paid1 the #dhh murderer or one of his clan1 contrary to the spirit of ,el ,islam1 is generally killed by the kindred or tribe of the slain4#ge ,among the ,berbers 7,shluh47 of the province of ,ss1 in ,southern ,morocco1 a person who commits homicide immediately flees to another tribe1 and places himself under its protection4 ,his relatives then pay ddit1 or blood-money1 to the family of the victim1 but this only prevents the offended party from taking revenge on any of them1 and does not entitle the murderer to return2 if he appears outside the tribe to whom he has fled for refuge1 he is at any time liable to be killed4 ,among the ,ossetes1 again1 it was formerly a prevalent custom for a murderer to pay a fixed price for a certain time to the family of the murdered man1 say for a year1 during which time the blood-revenge remained dormant4#gf ,footnote #gd3 ,sproat1 ,scenes and ,studies of ,savage ,life1 p4 #aec4 ,footnote #ge3 ,burton1 ,first ,footsteps in ,east ,africa1 p4 #hg n4 dagger4 ,cf4 ,paulitschke1 ,ethnographie ,nordost-,afrikas1 p4 #bfc4 ,footnote #gf3 von ,haxthausen1 ,transcaucasia1 p4 #dje4 ,in many instances1 on the other hand1 custom allows the acceptance of compensation as a perfectly justifiable alternative for blood-revenge1 or even regards it as the proper method of settling the case4 ,among the ,indians of ,western ,washington and ,north-,western ,oregon the principle of life for life1 though fully recognised1 is sometimes abrogated in favour of material damages4#gg ,among the ,thlinkets the murder of a relative can be atoned for by a certain number of blankets4#gh ,among the ,californian ,karok the murder of a man's nearest relative may be compounded for by the payment of money4#gi ,the ,kutchin demand blood-money for a slain kinsman1 but avenge his death should such be denied4#hj ,among the ,kandhs the custom of blood-revenge was modified by the principle of money compensation1 the acceptance of such compensation being in no case considered disgraceful4#ha ,in the ,malay ,archipelago1 whilst the more ferocious tribes #dhi insist1 in many situations1 upon a literal compliance with the law of retaliation1 other tribes constantly accept a pecuniary compensation4#hb ,among the majority of the ,bedawee tribes of ,egypt compensation is generally taken in commutation for vengeance2#hc and the same is the case among the ,aenezes1 though it would reflect shame on the friends of the slain person if they were to make the first overture4#hd ,among the ,wadshagga1 again1 the acceptance of blood-money is obligatory4#he ,the ,venddd forbids the followers of ,zoroastrianism to refuse the compensation offered for a deed of bloodshed4#hf ,among the ,irish the public opinion of the village held that the quarrels between its members should be compromised in a certain manner4 ,however1 if the guilty party did not pay the amount awarded1 the community did not compel him to do so1 and the injured party was then at liberty to avenge his own wrongs by reprisals or levying of private war4#hg ,among the ,teutons the kindred of the slain might1 in early times1 choose between taking revenge or accepting compensation1 just as they liked2 but later on they were expected by public opinion1 and finally required by public authority1 not to pursue the feud if the proper composition was forthcoming1 except in a few extreme cases4#hh ,footnote #gg3 ,gibbs1 ',tribes of ,western ,washington and ,northwestern ,oregon1' in ,contributions to ,north ,american ,ethnology1 i4 #ahi4 ,footnote #gh3 ,petroff1 loc4 cit4 p4 #afe4 ,footnote #gi3 ,powers1 ,tribes of ,california1 p4 #ba4 ,footnote #hj3 ,richardson1 ,arctic ,searching ,expedition1 i4 #chf4 ,footnote #ha3 ,hunter1 ,annals of ,rural ,bengal1 ii4 #gf4 ,macpherson1 ,memorials of ,service in ,india1 p4 #hb4 ,footnote #hb3 ,crawfurd1 ,history of the ,indian ,archipelago1 iii4 #aaa4 ,footnote #hc3 ,lane1 ,manners and ,customs of the ,modern ,egyptians1 p4 #abj4 ,footnote #hd3 ,burckhardt1 ,notes on the ,bedouins and ,wahbys1 p4 #hg4 ,footnote #he3 ,merker1 quoted by ,kohler1 in ,zeitschr4 f4 vergl4 ,rechtswiss4 xv4 #ef4 ,footnote #hf3 ,geiger1 op4 cit4 ii4 #cd4 ,footnote #hg3 ,ancient ,laws of ,ireland1 iii4 p4 lxxx4 ,footnote #hh3 ,keyser1 op4 cit4 ii4 pt4 ii4 #ie4 ,pollock and ,maitland1 op4 cit4 i4 #df sq4 ,gotlands-,lagen1 #ac4 ,thus the exaction of life for life1 from being a duty incumbent on the family of the dead1 becomes a mere right of which they may or may not avail themselves1 as they please1 and is at last publicly disapproved of or actually prohibited4 ,among the circumstances by which this process has been brought about there is still one which calls for special attention1 namely1 the pressure of some intervening authority1 the elders of the tribe1#hi or #dij the chief1 inducing the avenger to lay down his weapon and to accept money for blood4 ,i do not say that the practice of compensation has originated in such an intervention2 we meet it among peoples who know nothing of courts1 judges1 or regular arbitrators4#ij ,but when we hear of chiefs making efforts to check the blood-feud by persuading the injured party to accept remuneration in money or property1 it is impossible to doubt that some connection exists between the system of compensation and the judicial power of the chief4 ,among the ,indians of ,brazil1 when blood is shed1 either designedly or accidentally1 by one of the same tribe1 the chief not seldom insists upon the acceptance of compensation by the family of the deceased4#ia ,of the people of ,nias1 amongst whom the offender may suffer death at the hands of the avenger1 we read that even grave cases1 when brought before the chief1 are often punished by fines only4#ib ,among the ,dooraunees1 in ,western ,afghanistan1 if the offended party complains to the ,sirdar1 or if he hears of a murder committed1 he first endeavours to bring about a compromise1 by offering the ,khoon ,behau1 or of price of blood4#ic ,the ,teutonic nations1 as ,kemble observes1 in the course of time made the ,state the arbitrator between the parties by establishing a tariff at which injuries should be rated1 and committing to the ,state the duty of compelling the injured person to receive1 and the wrong-doer to pay1 the settled amount4 ,it thus engaged to act as a mediator between the conflicting interests1 with a view to the maintenance of the general peace4#id ,footnote #hi3 ,cf4 ,vmbry1 ,das ,trkenvolk1 p4 #cje sq4 7,kirghiz72 ,munzinger1 ,ostafrikanische ,studien1 p4 #ejj 7,barea and ,kunma74 ,footnote #ij3 ,e4g41 the ,fuegians 7,bridges1 in ,south ,american ,missionary ,magazine1 xiii4 #aeb4 ,idem1 in ,a ,voice for ,south ,america1 xiii4 #bjg74 ,footnote #ia3 von ,martius1 ,beitrge zur ,ethnographie ,amerika's1 i4 #acj4 ,idem1 in ,jour4 ,roy4 ,geographical ,soc4 ii4 #aii4 ,footnote #ib3 ,modigliani1 ,viaggio a ,nas1 p4 #dif4 ,footnote #ic3 ,elphinstone1 ,kingdom of ,caubul1 ii4 #aje sq4 ,footnote #id3 ,kemble1 ,saxons in ,england1 i4 #bgj4 ,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 politic1 commissioned with #dia the administration of justice4 ,the system of compensation was only one or the methods adopted by such an authority for the settling of disputes2 and1 on the whole1 it was a sign of weakness4 ,speaking of the ,rejangs of ,sumatra1 ,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 government1 which being unable to enforce the law of retaliation1 the most obvious rule of punishment1 had recourse to a milder scheme of retribution1 as being preferable to absolute indemnity4#ie ,when the central power of jurisdiction is firmly established1 the rule of life for life regains its sway4#if ,thus1 in the mature legislation of semi-civilised and civilised peoples1 up to quite recent times1 murder has almost invariably been treated as a capital offence--unless1 indeed1 committed by some person belonging to a specially privileged class1 such as the ,peruvian ,incas1#ig the ,brhmanas of ,india1#ih or1 in ,england1 all who had the benefit of ,clergy1 that is1 every man who knew how to read1 with the exception of those who were married to widows4#ii ,but among many of the lower races1 also1 manslayers are subject to capital punishment1 in the proper sense of the term--to death inflicted1 not by an individual avenger1 but by the community at large or by some special authority4#ajj ,footnote #ie3 ,marsden1 ,history of ,sumatra1 p4 #bdf4 ,footnote #if3 ,cf4 ,brunner1 ,deutsche ,rechtsgeschichte1 ii4 #eii sq4 7,teutonic peoples74 ,footnote #ig3 ,rville1 ,hibbert ,lectures on the ,native ,religions of ,mexico and ,peru1 p4 #aea4 ,footnote #ih3 ,laws of ,manu1 viii4 #chj sq4 ,footnote #ii3 ,stephen1 ,history of the ,criminal ,law of ,england1 i4 #deh sqq4 ,according to the ,cornelian law1 a free ,roman citizen could not be punished capitally for the commission of murder1 but was simply exiled from ,italy1 whereas a slave was executed for a similar crime 7,mommsen1 ,rmisches ,strafrecht1 p4 #fca sq474 ,footnote #ajj3 ,supra1 pp4 #aga1 #agb1 #ahi4 ,veniaminof1 quoted by ,petroff1 loc4 cit4 p4 #aeb 7,aleuts74 ,adair1 ,history of the ,american ,indians1 p4 #aej4 ,morgan1 ,league of the ,iroquois1 p4 #cca4 ,harmon1 ,journals of ,voyages and ,travels1 p4 #cdh 7,indians on the east side of the ,rocky ,mountains74 ,turner1 ,samoa1 pp4 #agh1 #bie1 #ccd 7,samoans1 natives of ,arorae1 ,efatese74 ,thomson1 in ,jour4 ,anthr4 ,inst4 xxxi4 #adc 7,savage ,islanders74 ,hickson1 ,a ,naturalist in ,north ,celebes1 p4 #aih 7,sangirese1 in former days74 ,abreu de ,galindo1 ,history of the ,discovery and ,conquest of the ,canary ,islands1 p4 #bg 7aborigines of ,ferro74 ,johnston1 ,uganda ,protectorate1 ii4 #hhb 7,mutei74 ,beltrame1 ,il ,fiume ,bianco e i ,dnka1 p4 #gg4 ,in all these cases homicide or murder is said to be punished with death2 but it may be that1 in some of them1 our authorities have not sufficiently distinguished between punishment and blood-revenge4 ,it is not only by the slaying of a fellow-creature that a person may forfeit his right to live4 ,among various peoples custom allows1 or sometimes even compels1 the offended party to kill the offender in cases which involve #dib no blood-guiltiness1 especially adultery2#aja and we hear of capital punishment being inflicted not only for homicide1 but for treason1#ajb incest1#ajc adultery1#ajd witchcraft1#aje sacrilege1#ajf theft1#ajg and other offences4#ajh ,we have seen that among semi-civilised and civilised nations1 particularly1 the punishment of death has been applied to a great variety of offences1 many of which appear to us almost venial4#aji ,and we have discussed both the origin of the idea that justice requires life for life1 and the circumstances that have led to the infliction of punishments the severity of which1 apparently at least1 bears no proportion to the magnitude of the crime4#aaj ,footnote #aja3 ,supra1 p4 #bij sqq4 ,infra1 on ,sexual ,morality4 ,post1 ,studien zur ,entwicklungsgeschichte des ,familienrechts1 p4 #acd sq4 ,footnote #ajb3 ,supra1 p4 #ahi4 ,footnote #ajc3 ,infra1 on ,sexual ,morality4 ,footnote #ajd3 ,supra1 p4 #ahi4 ,infra1 on ,sexual ,morality4 ,footnote #aje3 ,supra1 p4 #ahi sq4 ,footnote #ajf3 ,supra1 p4 #aig4 ,footnote #ajg3 ,infra1 on the ,right of ,property4 ,footnote #ajh3 ,supra1 p4 #aie4 ,footnote #aji3 ,supra1 p4 #ahf sqq4 ,footnote #aaj3 ,supra1 ch4 vii4 ,but whilst1 among peoples of culture1 capital punishment has been inflicted far beyond the limits of the lex talionis1 we meet1 on the other hand1 among such peoples with opinions to the effect that it should not be applied even in the most atrocious cases4 ,the old philosopher ,lao-tsze1 the founder of ,taouism1 condemned it both as useless and as irreverent4 ,the people1 he argued1 do not fear death2 to what purpose1 then1 is it to try to frighten them with death8 ,there is only one who presides over the infliction of it4 ,he who would inflict death in the room of him who presides over it may be described as hewing wood instead of a great carpenter4 ,seldom is it that he who undertakes the hewing1 instead of the great carpenter1 does not cut his own hands4#aaa ,nor does ,confucius seem to have been in favour of capital punishment4 ,when ,ch #dic ,k'ang asked his opinion as to the killing of the unprincipled for the good of the principled1 ,confucius replied3--,sir1 in carrying on your government1 why should you use killing at all8 ,let your evinced desires be for what is good1 and the people will be good4#aab ,the early ,christians generally condemned the punishment of death1 as well as all other forms of shedding human blood2#aac but when the ,church obtained an ascendency1 the condemnation of it was modified into the doctrine that no priest or bishop must take any part in a capital charge4#aad ,later on1 from the twelfth century at least1 the priest might assist at judicial proceedings resulting in a sentence of death1 if only he withdrew for the moment1 when the sentence was passed4#aae ,and whilst ostentatiously sticking to the principle1 ,ecclesia non sitit sanguinem1#aaf the ,church had frequent recourse to the convenient method of punishing heretics by relegating the execution of the sentence to the civil power1 with a prayer that the culprit should be punished as mildly as possible and without the effusion of blood1 that is1 by the death of fire4#aag ,in modern times the views of the early ,christians regarding capital punishment have been revived by the ,quakers2#aah but the powerful movement in favour of its abolition chiefly derives its origin from the writings of ,beccaria and the ,french ,encyclopedists4 ,footnote #aaa3 ,to ,teh ,king1 #gd4 ,footnote #aab3 ,lun ,y1 xii4 #ai4 ,footnote #aac3 ,hetzel1 ,die ,todesstrafe1 p4 #ga sqq4 ,gnther1 ,die ,idee der ,wiedervergeltung1 i4 #bga4 ,lactantius1 ,divin ,institutiones1 vi4 7',de vero cultu'7 #bj 7,migne1 ,patrologi cursus1 vi4 #gjh73 4 4 4 occidere hominem sit semper nefas1 quem ,deus sanctum animal esse voluit4 ,footnote #aad3 ,supra1 p4 #cha sq4 ,lecky1 ,history of ,european ,morals1 ii4 #ci4 ,laurent1 tudes sur l'histoire de l',humanit1 iv4 #bbc2 vii4 #bcc4 ,footnote #aae3 ,gerhohus1 ,de dificio ,dei1 #ce 7,migne1 op4 cit4 cxciv4 #abhb74 ,footnote #aaf3 ,katz1 ,grundriss des kanonischen ,strafrechts1 p4 #ed4 ,footnote #aag3 ,lecky1 ,history of ,european ,morals1 ii4 #da4 ,footnote #aah3 ,gurney1 ,views ,practices of the ,society of ,friends1 pp4 #cgg n4 #a1 #chi4 ,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 freely1 the less they have been checked either by the belief in the social expediency of #did capital punishment1 or by the notion of a vindictive god who can be conciliated only by the death of the offender4 ,it has been argued that the punishment of death is no more effective as a deterrent from crime than are certain other punishments4 ,according to ,beccaria1 it is not the intensity of a pain which produces the greatest effect on the mind of man1 but its continuance2 hence the execution of a culprit1 occupying a short time only1 must be a less deterring example than perpetual slavery1 which ought to be the penalty for the greatest crimes4#aai ,moreover1 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 example4#abj ,an execution is regarded as less degrading than many other forms of punishment2 when a man dies on the scaffold there is a counterpoise to the disgrace in the admiration excited by his firmness1 whereas there is no such counterpoise when a man goes off in the prison van to be immured in a cell4#aba ,statistical data prove1 it is said1 that1 where capital punishment has been abolished either for certain crimes or generally1 crime has not become more frequent after the abolition1 whilst the re-enactment of capital punishment1 or greater strictness in its execution1 has nowhere diminished the number of offences punishable with death4#abb ,and the punishment of death is no more required by the dictates of abstract justice than it is requisite for the safety of the community4 ,it is quite an arbitrary assumption1 based on the rude theory of talion1 that death must be inflicted on him who has caused death2 such an assumption can be refuted simply by showing that there are many degrees of homicide4#abc ,nay1 far from being postulates of the highest justice1 laws which #die prescribe capital punishment may lead to the highest injustice4 ,as ,bentham observes1 the punishment of death is not remissible2 error is possible in all judgments1 but whilst in every other case of judicial error compensation can be made1 death alone admits of no compensation4#abd ,and not only may the innocent have to suffer an irreparable punishment1 but the criminal easily escapes his punishment altogether4 ,experience shows that the punishment of death has the disadvantage of diminishing the repressive power of the legal menace1 because witnesses1 judges1 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 verdict4#abe ,finally1 the punishment of death almost entirely misses one of the most essential aims of every legitimate punishment1 the reformation of the criminal4 ,nay1 by putting him to a speedy death we actually prevent him from morally reforming himself1 and from manifesting the fruits of sincere repentance2 and we perhaps deprive him of the opportunity of making good his claim to mercy at the hands of another and a higher ,tribunal1 on which we are arrogantly encroaching in a matter of which we are wholly unfit to judge4#abf ,footnote #aai3 ,beccaria1 ,dei delitti e delle pene1 #af4 ,footnote #abj3 ,romilly1 ,punishment of ,death1 p4 #ef sqq4 ,footnote #aba3 ,ibid4 p4 #dg sq4 ,hetzel1 op4 cit4 p4 #ded sqq4 ,footnote #abb3 ,mittermaier1 ,die ,todesstrafe1 p4 #aej sqq4 ,olivecrona1 ,om ddsstraffet1 p4 #acj sqq4 ,footnote #abc3 ,mittermaier1 op4 cit4 pp4 #fb1 #acc4 von ,mehring1 ,frage von der ,todesstrafe1 p4 #ai sqq4 ,footnote #abd3 ,bentham1 ,rationale of ,punishment1 p4 #ahf sqq4 ,cf4 ,hetzel1 op4 cit4 p4 #ddb sqq4 ,footnote #abe3 ,bentham1 op4 cit4 p4 #aia sq4 ,mittermaier1 op4 cit4 pp4 #ih sqq41 #adh4 ,footnote #abf3 ,romilly1 op4 cit4 p4 #c sqq4 ,under the influence of these and similar arguments1 but chiefly owing to an increasing reluctance to take human life1 the legislation of ,europe has1 from the end of the eighteenth century1 undergone a radical change with reference to the punishment of death4 ,in several ,european and ,american ,states it has been formally abolished1 or is nowadays never inflicted1#abg whilst in the rest it is practically restricted to cases of wilful murder4 ,but it still has as strenuous advocates as ever1 and receives much support from popular feelings4 ,it is said that the abolition of capital punishment would remove one of the #dif best safeguards of society2 that it definitely prevents the criminal from doing further mischief2 that it is a much more effective means of deterring from crime than any other penalty2 that its abolition would have the disadvantage of crimes widely differing in their nature being placed on the same footing2 that a person criminally disposed1 if he knew that he would only be punished with imprisonment for life1 would1 instead of merely perpetrating robbery1 commit murder at the same time1 being aware that no higher penalty on that account would be inflicted2 and so forth4 ,as usually1 religion also is called in to give strength to the argument4 ,several writers maintain that the statements in the ,bible which command capital punishment have an obligatory power on all ,christian legislators2#abh we even meet with the assertion that the object of this punishment is not the protection of civil society1 but to carry out the justice of ,god1 in whose name the judge should sentence and the executioner strike4#abi ,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 legislators1 as well as on the mind of the public4 ,this supposition derives much support from the fact that capital punishment is popular only in the case of murder4 ,blood1 it is said1 will have blood1 and the imagination is flattered with the notion of the similarity of the suffering1 produced by the punishment1 with that inflicted by the criminal4#acj ,footnote #abg3 ,gnther1 op4 cit4 iii4 #cdg sqq4 von ,liszt1 ,lehrbuch des ,deutschen ,strafrechts1 p4 #bfa4 ,footnote #abh3 ,mittermaier1 op4 cit4 p4 #abh sqq4 ,footnote #abi3 ,clay1 ,the ,prison ,chaplain1 p4 #ceg4 ,footnote #acj3 ,bentham1 ,rationale of ,punishment1 p4 #aia4 ,,chapter ,,xxi ,,the ,,duel ,,when the system of revenge was replaced by the system of punishment1 the offended party generally lost the right of killing the offender4 ,but there are noteworthy exceptions to this rule4 ,in a previous chapter we have seen that1 among various peoples1 in cases involving unusually great provocation1 an avenger who slays his adversary is either entirely excused by custom or law1 or becomes subject to a comparatively lenient punishment4#a ,a few words still remain to be said about the most persistent survival of the custom of exacting vengeance with eventual destruction of life1 the modern duel4 ,but in connection with this survival it seems appropriate to discuss the practice of duelling in general1 in its capacity of a recognised social institution4 ,footnote #a3 ,supra1 p4 #bij sqq4 ,duelling1 or the fighting in single combat on previous challenge1 is sometimes resorted to as a means of bringing to an end hostilities between different groups of people4 ,among the aborigines of ,new ,south ,wales the war often ends in a single combat between chosen champions4#b ,in ,western ,victoria quarrels between tribes are sometimes settled by duels between the chiefs1 and the result is accepted as final4 ,at other times disputes are decided by combat between equal numbers of warriors1 painted #dih with red clay and dressed in war costume2 but real fighting seldom takes place1 unless the women rouse the anger of the men and urge them to come to blows4 ,even then it rarely results in a general fight1 but comes to single combats between warriors of each side2 who step into the arena1 taunt one another1 exchange blows with the liangle1 and wrestle together4 ,the first wound ends the combat4#c ,among the ,thlinkets feuds between clans or families were commonly settled by duels between chosen champions1 one from each side4#d ,ancient writers tell us that among the ,greeks1 ,romans1 and ,teutons1 combats were likewise agreed upon to take place between a definite number of warriors1 for the sake of ending a war4#e ,according to ,tacitus1 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 army4#f ,in all these cases1 as it seems1 the duel originates in a desire for a speedy peace4 ,footnote #b3 ,fraser1 ,aborigines of ,new ,south ,wales1 p4 #dj4 ,footnote #c3 ,dawson1 ,australian ,aborigines1 p4 #gg4 ,footnote #d3 ,holmberg1 ',ethnographische ,skizzen ber die ,vlker des russischen ,amerika1' in ,acta ,societatis ,scientiarum ,fennic1 iv4 #cbb sq4 ,footnote #e3 ,see ,grotius1 ,de jure belli et pacis1 ii4 #bj4 #dc4 #a2 ,grimm1 ,deutsche ,rechtsalterthmer1 p4 #ibh4 ,footnote #f3 ,tacitus1 ,germania1 #aj4 ,in other instances duels are fought for the purpose of settling disputes between individuals1 either by conferring on the victor the right of possessing the object of the strife1 or by gratifying a craving for revenge and wiping off the affront4 ,thus1 among the pagan ,norsemen1 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 it4 ,the combat was strictly regulated2 the person challenged was allowed to strike first1 he who retired or who lost his weapon was regarded as vanquished1 and he who received the first wound1 or who was most seriously wounded1 had to pay a fixed sum of money in order to save his life4#g ,in the #dii islands outside ,kamchatka1 if a husband found that a rival had been with his wife1 he would admit that the rival had at least an equal claim to her4 ,let us try1 then1 he would say1 which of us has the greater right1 and shall have her4 ,after that they would take off their clothes and begin to beat each other's backs with sticks1 and he who first fell to the ground unable to bear any more blows1 lost his right to the woman4#h ,among the ,eskimo about ,behring ,strait ,mr4 ,nelson was told by an old man that in ancient times1 when a husband and a lover quarrelled about a woman1 they were disarmed by the neighbours and then settled the trouble with their fists or by wrestling1 the victor in the struggle taking the woman4#i ,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 combat4 ,any one1 he says1 may challenge another to wrestle1 and1 if he overcomes1 may carry off his wife as the prize4 4 4 4 ,the bereaved husband meets his loss with the resignation which custom prescribes in such a case1 and seeks his revenge by taking the wife of another man weaker than himself4#aj ,in the tribes of ,western ,victoria1 described by ,mr4 ,dawson1 a young chief who cannot get a wife1 and falls in love with one belonging to a chief who has more than two1 can1 with her consent1 challenge the husband to single combat1 and1 if the husband is defeated1 the conqueror makes her his legal wife4#aa ,in some points1 says ,mr4 ,riedel1 the aboriginal law of retaliation in ,australia corresponds with the code of honour1 so called1 which certain classes in ,europe have long maintained4 ,when one blackfellow carries off the #ejj wife of another1 the injured husband and the betrayer meet in mortal combat2 and the spear that spills the life blood repairs the wounded honour of the one1 or justifies in the eyes of society the crime of the other4#ab ,among the aborigines of ,western ,australia duels are common between individuals who have private quarrels to settle1 a certain number of spears being thrown until honour is satisfied4#ac ,among the ,dieyerie tribe1 should anybody accuse another wrongfully1 he is challenged to fight by the person he has accused1 and this settles the matter4#ad ,of the duels fought among the natives of ,north-,west-,central ,queensland ,dr4 ,roth gives us an interesting account4 ,supposing an individual considers himself aggrieved1 a duel often takes place at a distance from camp4 ,there is no intention of killing4 ,with two-handed swords1 the combatants would only aim at striking each other on the head2 with spears1 they would only make for the fleshy parts of the thighs2 with stone-knives1 they would only cut into the shoulders1 flanks1 and buttocks1 producing gashes an inch or more deep1 and up to seven or even eight inches long4 ,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 defeat1 indicating that the combatant has had enough1 and gives in4 ,but the matter has not yet come to an end2 the duels of these savages are not so defective in point of justice as the modern duels of ,europe4 ,the fight between the two individuals being at length brought to a termination1 steps are taken by the old men and elders to inquire into the rights or wrongs of the dispute4 ,if the victor turns out to be the aggrieved party he has to show good cause1 as for instance that the man whom he had just taken upon himself to punish had raped his gin1 gave him the munguni or death-bone1 or wrought him some similarly flagrant wrong3 under such circumstances1 no further action is taken by anyone4 ,if1 #eja on the other hand1 the victor happens to be the aggrieved party only in his own opinion1 and not in that of those to whom he is answerable1 and who do not believe the grounds on which he commenced the fight to be sufficient1 he has to undergo exactly the same mutilations subsequently at the hands of the vanquished as he himself had inflicted4 ,and should one of the combatants be killed in the duel1 which may sometimes happen1 the survivor1 unless he can show that he had sufficient provocation or cause1 will be put to death in similar manner1 at the instance of the camp-council1 and usually undergo the extra degradation of digging his own as well as his victim's grave4#ae ,of the ,south ,american ,charruas ,azara writes3--,ce sont les parties elles-mmes qui arrangent leurs diffrends particuliers3 si elles ne sont pas d'accord1 elles se chargent coups de poing1 jusqu' ce qu'une des deux tourne le dos et laisse l'autre1 sans reparler de l'affaire4 ,dans ces duels1 ils ne font jamais usage des armes2 et je n'ai jamais ou dire qu'il y ait eu quelqu'un de tu4#af ,if an ,apache kills another1 the next-of-kin to the defunct individual may kill the murderer--if he can4 ,he has the right to challenge him to single combat1 which takes place before all assembled in the camp1 and both must abide the result of the conflict4 ,there is no trial1 no set council1 no regular examination into the crime or its causes2 but the ordeal of battle settles the whole matter4#ag ,among the ,central ,eskimo1 strange as it may seem1 a murderer will come to visit the relatives of his victim 7though he knows that they are allowed to kill him in revenge7 and will settle with them4 ,he is kindly welcomed1 and sometimes lives quietly for weeks and months4 ,then he is suddenly challenged to a wrestling match1 and if defeated is killed1 or if victorious he may kill one of the opposite party1 or when hunting1 he is #ejb suddenly attacked by his companions and slain4#ah ,richardson heard that some of the ,eskimo decided their quarrels by alternate blows of the fist1 each in turn presenting his head to his opponent4#ai ,the ,tunguses formerly had a duel with arrows called koutschiguera1 which was fought only in the presence of the elders1 who marked out the spot1 settled the distance of the combatants1 and gave the signal for letting fly4#bj ,the ,santals have a tradition that years long since there was a custom amongst them of deciding their disputes1 when the parties were males1 by the ordeal of single combat4 ,the bow and arrow or hanger served in lieu of pistol and sword for these rustic duels4 ,such affairs of honour were always fatal to one party1 but of late times1 as equitable remedies have been brought nearer to them1 this remnant of a barbarous age has disappeared49999#ba ,mr4 ,man also heard that the ,kols at one time preferred the duel to any other mode of seeking redress for a wrong4#bb ,the ancient ,swedes were even compelled by law to fight duels to repair their wounded honour4 ,the so-called ',hedna-lag1' a fragment of an old pagan law1 prescribes that1 if any man says to another1 ,you are not a man's equal1 you have not the heart of a man1 and the other replies1 ,i am a man as good as you1 they shall encounter in a place where three roads meet4 ,if he who has suffered the insult does not appear1 he shall be held to be what the other one called him1 and he shall henceforth be allowed neither to swear nor to give evidence in any case4 ,if1 on the other hand1 they meet in single combat1 and the offended party kills the offender1 he shall have to pay no compensation for it2 but if the offender kills his opponent1 he shall pay half his price4#bc ,footnote #g3 ,lea1 ,superstition and ,force1 p4 #aaa sq4 ,keyser1 ,efterladte ,skrifter1 ii4 pt4 i4 #cia4 ,weinhold1 ,altnordisches ,leben1 p4 #big4 von ,amira1 ',recht1' in ,paul's ,grundriss der germanischen ,philologie1 iii4 #bag sq4 ,arnesen1 ,historisk ,indledning til den gamle og nye ,islandske ,raettergang1 p4 #aeh sq4 ,rosenberg1 ,traek af ,livet paa ,island i ,fristats-,tiden1 p4 #ih n4 ,footnote #h3 ,steller1 ,beschreibung von dem ,lande ,kamtschatka1 p4 #cdh4 ,footnote #i3 ,nelson1 ',eskimo about ,behring ,strait1' in ,ann4 ,rep4 ,bur1 ,ethn4 xviii4 #bib4 ,footnote #aj3 ,richardson1 ,arctic ,searching ,expedition1 ii4 #bd sq4 ,footnote #aa3 ,dawson1 op4 cit4 p4 #cf4 ,for other instances of rights to women being acquired by duels1 see ,westermarck1 ,history of ,human ,marriage1 p4 #aei sqq42 ,post1 ,afrikanische ,jurisprudenz1 ii4 #bc sq4 7people of ,kordofan74 ,footnote #ab3 ,riedel1 ,aborigines of ,australia1 p4 #f4 ,footnote #ac3 ,calvert1 ,aborigines of ,western ,australia1 p4 #bb4 ,footnote #ad3 ,gason1 ',manners and ,customs of the ,dieyerie ,tribe1' in ,woods1 ,native ,tribes of ,south ,australia1 p4 #bff4 ,footnote #ae3 ,roth1 ,ethnological ,studies among the ,north-,west-,central ,queensland ,aborigines1 p4 #aci sq4 ,footnote #af3 ,azara1 ,voyages dans l',amrique mridionale1 ii4 #af4 ,footnote #ag3 ,cremony1 ,life among the ,apaches1 p4 #bic4 ,footnote #ah3 ,boas1 ',central ,eskimo1' in ,ann4 ,rep4 ,bur4 ,ethn4 vi4 #ehb4 ,footnote #ai3 ,richardson1 ,arctic ,searching ,expedition1 i4 #cfg sq4 ,footnote #bj3 ,georgi1 ,russia1 iii4 #hc4 ,footnote #ba3 ,man1 ,sonthalia and the ,sonthals1 p4 #ij4 ,footnote #bb3 ,ibid4 p4 #ij4 ,footnote #bc3 ,leffler1 ,om den fornsvenska hednalagen1 p4 #dj sq4 7in ,k4 ,vitterhets ,historie och ,antiqvitets ,akademiens ,mnadsblad1 #ahgi1 p4 #aci sq474 ,professor ,leffler is inclined to believe that this fragment once formed a part of the older ,vestgtalag 7op4 cit4 p4 #ce1 in the ,mnadsblad1 p4 #acd74 #ejc ,these customs and rules are due to a variety of circumstances4 ,to recognise the duel as a means of acquiring a right to land or women1 is a concession to superior strength in a society where there is no government1 or where the government is weak2 whilst in the opportunity given to the challenged party to oppose the avenger on equal terms we may trace the interfering influence of public opinion4 ,the duel is also in a higher degree than downright violence calculated to bring about a definite arrangement2 and in some cases1 as we have seen1 it is a mere sham-fight1 which may serve as a preventive against the infliction of more serious injuries1 by showing which party is the weaker and1 consequently1 has to give in4 ,in other cases1 again1 the challenge is a method of bringing forward an offender who otherwise might be out of reach1 and of limiting the fight to the parties themselves1 so as to prevent whole families from making war upon each other4#bd ,moreover1 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 honour2 it displays more courage1 it commands more respect4 ,in several of the cases referred to it is obviously a mitigated form of revenge1 a method of settling a point of honour in a comparatively harmless way1 and as such it has certain advantages over the practice of compensation2 it requires no wealth on the part of the offender1 and allows of no doubt as to the courage of the sufferer4#be ,the ,queensland aborigines are said to be very proud of the wounds they receive in their single combats1#bf and the duelling ,eskimo consider it cowardly to evade a stroke4#bg ,the duel #ejd may1 finally1 be regarded as the most equitable form of settling disputes in cases where both parties claim to be in the right4 ,sometimes it is even resorted to as a means of ascertaining the truth1 as an ordeal or judgment of ,god4 ,footnote #bd3 ,cf4 ,arnesen1 op4 cit4 pp4 #aej1 #aff sq4 ,footnote #be3 ,according to ,dr4 ,steinmetz1 the origin of the duel is die ,beschrnkung des ,rachekampfes4 4 4 4 ,die treibende ,kraft1 welche zu dieser duellartigen ,beschrnkung fhrte1 war die ,exogamie1 die verwandtschaftlichen ,beziehungen zwischen ,gruppen1 der ,friedensverlangen erzeugende1 erweiterte ,verkehr derselben4 ,negative ,bedingungen waren3 das ,fehlen einer rechtsprechenden centralen ,regierungsgewalt1 und das nicht ,erflltsein der ,entwicklungsbedingungen der ,composition1 namentlich der ,mangel an konomischen ,gtern1 welche die materielle ,entschdigung unmglich machte 7,steinmetz1 ,studien zur ersten ,entwicklung der ,strafe1 ii4 #fg1 #hg74 ,footnote #bf3 ,roth1 op4 cit4 p4 #adj4 ,footnote #bg3 ,richardson1 ,arctic ,searching ,expedition1 i4 #cfh4 ,the wager of battle is well known to every student of medival law4 ,outside ,europe we meet with a similar institution in the ,malay ,archipelago4 ,in his ',history of the ,indian ,archipelago1' ,mr4 ,crawfurd states3--,the trial by combat or duel1 and the appeal to the judgment of ,god by various descriptions of ordeal1 are not unknown4 ,the ,malay laws direct that the combat or ordeal shall be had recourse to in the absence of evidence1 in the following words3 ',if one accuse and another deny1 and there be no witnesses on either side1 the parties shall either fight or submit to the ordeal of melted tin or boiling oil4'#bh ,the natives of the ,barito ,river basin in ,borneo have the following ordeal1 called the ,hagalangang3--,both parties are placed in boxes at a distance of seven fathoms opposite one another1 the boxes being made of nibong laths and so high as to reach a man's breast4 ,then both receive a sharpened bamboo of a lance's length to throw at each other at a given signal4 ,the wounded person is supposed to be guilty4#bi ,among the ,teutons the judicial combat seems to have developed out of the ancient practice of settling disputes by private duelling4 ,in a time when the community did its best to suppress acts of revenge1 it was no doubt a wise measure to adopt the duel as a form of judicial procedure1 investing it with the character of an ordeal4#cj ,it seems probable that the duel assumed this character already among the pagan ,teutons4#ca ,like other ordeals it was resorted to in cases where there was some doubt as to the guilt of the accused4#cb ,to #eje 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 witnesses1 and where superstition reigned supreme4 ,speaking of the ,franks1 ,m4 ,esmein observes3--,en dehors du flagrant dlit ou de l'aveu de l'accus1 tout tait incertitude4 4 4 4 ,par solidarit force1 jamais un homme ne tmoignera contre un autre homme du mme groupe2 il ne tmoignera pas non plus par crainte de la vengeance et des reprsailles contre un homme appartenant un autre groupe4#cc ,i shall later on try to prove that the ordeal is not1 as it is often supposed to be1 primordially based on the belief in an all-knowing1 all-powerful1 and just god1 who protects the innocent and punishes the guilty1 but that it largely springs from the same notion as underlies the belief in the efficacy of an oath4 ,the ordeal1 then1 intrinsically involves an imprecation with reference to the guilt or innocence of a suspected person1 and its proper object is to give reality to this imprecation1 for the purpose of establishing the validity or invalidity of the suspicion4 ,this also holds good of the judicial combat4 ,the issue of the fight decided the question of guilt because of the imprecation involved in the oath preceding the duel4 ,before the conflict commenced each party asserted his good cause in the most positive manner1 confirmed his assertion by a solemn oath on the ,gospels or on a relic of approved sanctity1 and called upon ,god to grant victory to the right4 ,such an oath was an indispensable preliminary to every combat1 and the defeat was thus not merely the loss of the suit1 but also a conviction of perjury1 to be punished as such4#cd ,that the real object of the judicial duel was to correct the abuses of compurgation by oath appears from various #ejf facts4 ,gundebald1 king of the ,burgundians1 says expressly1 in the preamble to a law by which he authorises the wager of battle1 that his reason for doing so is1 that his subjects may no longer take oaths upon uncertain matters1 or forswear themselves upon certain4#ce ,charlemagne urged the use of the duel as greatly preferable to the shameless oaths which were taken with so much facility1 and ,otho ,,ii4 ordered its employment in various forms of procedure for the same reason4#cf ,witnesses might have to fight as well as principals4 ,a ,bavarian law even directed the claimant of an estate to combat not the defendant1 but his witness2#cg and in the later ,middle ,ages1 after enlightened legislators had been strenuously and not unsuccessfully endeavouring to limit the abuse of the judicial combat1 the challenging of witnesses was still the favourite mode of escaping legal condemnation4#ch ,some codes required the witnesses to come into court armed1 and to have their weapons blessed on the altar before giving their testimony4#ci ,the practice of blessing the arms before the duel took place#dj was no doubt intended to enable them the better to carry out the imprecation by saturating them with sanctity1 or by increasing their natural sanctity2 weapons are commonly regarded with superstitious veneration1 hence oaths taken upon them are held to be particularly binding4#da ,but though the judicial duel fundamentally derived its efficacy as a means of ascertaining the truth from its connection with an oath1 it has1 owing to the tendency of magic to fuse into religion1 readily come to be regarded as an appeal to the justice of ,god1 just as curses are transformed into #ejg prayers and perjury becomes an offence against the ,deity4 ,footnote #bh3 ,crawfurd1 ,history of the ,indian ,archipelago1 iii4 #ib4 ,footnote #bi3 ,schwaner1 ,borneo1 i4 #bab4 ,footnote #cj3 ,dahn observes 7,bausteine1 ii4 #eg7 that der ,kampf ursprnglich gar kein ,gottesurtheil1 sondern lediglich eine ,verweisung der ,parteien auf ,selbsthlfe 4 4 4 war4 ,cf4 ,patetta1 ,le ordalie1 p4 #agh4 ,footnote #ca3 ,patetta1 op4 cit4 p4 #agi4 ,footnote #cb3 ,see ,unger1 ',der gerechtliche ,zweikampf bei den germanischen ,vlkern1' in ,gttinger ,studien1 #ahdg1 ,zweite ,abtheilung1 p4 #ceh sq4 ,footnote #cc3 ,esmein1 ,cours lmentaire du droit franais1 p4 #if sq4 ,footnote #cd3 ,lex ,baiuwariorum1 ii4 #a4 ,jourdan1 ,decrusy1 and ,isambert1 ,recueil gnral des anciennes lois franaises1 ii4 #hdj sqq4 ,bracton1 ,de ,legibus et ,consuetudinibus ,angli1 fol4 #ada b sq41 vol4 ii4 #dch sqq43 ,sic me ,deus adjuvet haec sancta4 ,lea1 ,superstition and ,force1 p4 #aff sq4 ,brunner1 ,deutsche ,rechtsgeschichte1 ii4 #dae4 von ,amira1 ',recht1' in ,paul's ,grundriss der germanischen ,philologie1 iii4 #bah4 ,unger1 loc4 cit4 p4 #chf4 ,tuchmann1 in ,mlusine1 iv4 #acj4 ,footnote #ce3 ,leges ,burgundionum1 ,leges ,gundebati1 #de4 ,footnote #cf3 ,lea1 op4 cit4 p4 #aah4 ,footnote #cg3 ,lex ,baiuwariorum1 xvii4 #b 7xvi4 #b74 ,footnote #ch3 ,beaumanoir1 ,coutumes du ,beauvoisis1 lxi4 #eh1 vol4 ii4 #cih4 ,lea1 op4 cit4 p4 #abj sq4 ,unger1 loc4 cit4 p4 #cgi sqq4 ,footnote #ci3 ,lea1 op4 cit4 p4 #abj4 ,footnote #dj3 ,esmein1 op4 cit4 p4 #ie4 ,footnote #da3 ,for the worship of1 and swearing by1 weapons1 see ,du ,cange1 ',juramentum super arma1' in ,glossarium ad scriptores medi et infim ,latinitatis1 iii4 #afaf sq42 ,grimm1 ,deutsche ,rechtsalterthmer1 pp4 #afe1 #aff1 #hif2 ,pollock1 ,oxford ,lectures1 p4 #bfi sq4 n4 #a2 ,joyce ,social ,history of ,ancient ,ireland1 i4 #bhf sq4 ,in ,morocco1 also1 an oath taken on a weapon is considered a particularly solemn form of swearing4 ,in most ,european countries the judicial duel survived the close of the ,middle ,ages1 but disappeared shortly afterwards4#db ,various circumstances contributed to its decline and final disappearance4 ,from an early period ,councils and popes had declared against it1#dc but with little success2 many ecclesiastics1 indeed1 not only connived at the practice1 but authorised it1 and questions concerning the property of churches and monasteries were decided by combat4#dd ,there were other more powerful causes at work--the growth of communes1 devoted to the arts of peace1 seeking their interest in the pursuits of industry and commerce1 and enjoying the advantage of settled and permanent tribunals2 the revival of ,roman law1 which began to undermine all the institutions of feudalism2#de the ascendency of the royal power in its struggle against the nobles2 the increase of enlightenment1 the decrease of superstition4 ,but though finally banished from the courts of justice1 the duel did not die4 ,in the sixteenth century1 when the judicial combat faded away1 the duel of honour began to flourish4#df ,buckle justly observes that1 as the trial by battle became disused1 the people1 clinging to their old customs1 became more addicted to duelling2#dg hence the judicial duel may be regarded as the direct parent of the modern duel4#dh ,the ,church and the ,state naturally tried to suppress this sanguinary survival of barbarism4 ,the ,council of ,trent declared that the detestable custom of duelling1 introduced by the contrivance of the devil1 that by the bloody death of the body #ejh he may accomplish the ruin of the soul1 was to be utterly exterminated from the ,christian world1 and that not only principals and seconds1 but anyone who had given counsel in the case of a duel1 or had in any other way persuaded a person thereunto1 as also the spectators thereof1 should be subjected to excommunication and perpetual malediction4#di ,in ,england1 ,cromwell's ,parliament made a determined effort to check the practice4#ej ,a ,scotch law of #afjj rendered the bare act of engaging in a duel1 without license from the king1 a capital offence4#ea ,about the same period the ,spanish ,cortes passed a law which subjected all parties to a duel to the penalties of treason4#eb ,in #afjb1 ,henry ,,iv4 of ,france issued an edict condemning to death whoever should give or accept a challenge or act as second2#ec and already several edicts against duelling had been promulgated under ,louis ,,xiii4#ed when1 in #afbf1 there was published a new one punishing with death any person who had killed his adversary in a duel1 or had been found guilty of sending a challenge a second time4#ee ,but all these enactments had little or no effect4 ,we are told that in the eight years between #afja and #afji1 two thousand men of noble birth fell in duels in ,france2 and1 according to ,lord ,herbert of ,cherbury1 who was ambassador at the court of ,louis ,,xiii41 there was scarce a ,frenchman worth looking on who had not killed his man in a duel4#ef ,as ,robertson observes1 in reference to duelling1 no custom1 how absurd soever it may be1 if it has subsisted long1 or derives its force from the manners and prejudices of the age in which it prevails1 was ever abolished by the bare promulgation of laws and statutes4#eg ,in spite of laws which directly prohibit duelling1 or which punish with great severity anyone who kills another in a duel1 sometimes even subjecting #eji him to punishment for murder1#eh the duel still prevails in many ,european countries as a recognised custom1 so much supported by public opinion that the laws referring to it are seldom or never applied4 ,footnote #db3 ,lea1 op4 cit4 p4 #aii sqq4 ,in ,england1 however1 it was formally abolished by law as late as #ahai 7,stephen1 ,history of the ,criminal ,law of ,england1 i4 #bdi sq474 ,footnote #dc3 ,du ,boys1 ,histoire du droit criminel des peuples modernes1 ii4 #ahb4 ,lea1 op4 cit4 p4 #bjf sqq4 ,footnote #dd3 ,robertson1 ,history of the ,reign of the ,emperor ,charles ,v4 i4 #ceg sq4 ',notitia gurpitionis1' in ,bouquet1 ,recueil des historiens des ,gaules et de la ,france1 ix4 #gbi4 ,footnote #de3 ,lea1 op4 cit4 pp4 #bjj-bje1 #baa sq4 ,unger1 loc4 cit4 p4 #cib sqq4 ,footnote #df3 ,storr1 ',duel1' in ,encyclopdia ,britannica1 vii4 #eab4 ,footnote #dg3 ,buckle1 ,miscellaneous and ,posthumous ,works1 i4 #chf4 ,cf4 ,bosquett1 ,treatise on ,duelling1 p4 #gi4 ,footnote #dh3 ,storr1 loc4 cit4 p4 #eaa4 ,footnote #di3 ,canons and ,decrees of the ,council of ,trent1 ,session xxv4 #ai1 p4 #bgd sq4 ,footnote #ej3 ,pike1 ,history of ,crime in ,england1 ii4 #aib4 ,footnote #ea3 ,hume1 ,commentaries on the ,law of ,scotland1 ii4 #bha4 ,erskine1 ,principles of the ,law of ,scotland1 p4 #efj4 ,footnote #eb3 ,truman1 ,field of ,honor1 p4 #gj4 ,footnote #ec3 ,isambert1 ,taillandier1 and ,decrusy1 ,recueil gnral des anciennes lois franaises1 xv4 #cea sq4 ,footnote #ed3 ,ibid4 xvi4 #ba1 #ajf1 #adf4 ,footnote #ee3 ,ibid4 xvi4 #agf1 #agi4 ,footnote #ef3 ,storr1 loc4 cit4 p4 #eab4 ,footnote #eg3 ,robertson1 op4 cit4 i4 #ff4 ,footnote #eh3 ,gnther1 ,die ,idee der ,wiedervergeltung1 iii4 #bbe1 n4 #dfg4 ,stephen1 ,history of the ,criminal ,law of ,england1 iii4 #ii sqq4 ,gelli1 ,il duello1 p4 #ba4 ,this curious practice of taking the law into one's own hands1 which we find existing in the midst of modern civilisation1 is explicable1 partly from the indifference with which legislators have treated offences against honour1#ei partly from the force of habit4 ,the insulted person1 finding no adequate legal remedy for the affront he has suffered1 determines to be his own avenger1 and challenges the offender to fight4 ,nor is revenge his only motive4 ,he desires also to wash off the indignity by showing that he respects his honour more than his life4 ,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 man4#fj ,by displaying courage the offended party demonstrates that he is not worthy of contempt1 by showing timidity he condemns himself4 ,so far as justice is concerned1 the duel1 of course1 became an absurdity as soon as it ceased to be looked upon in the light of an ordeal4 ,it compels the insulted person to expose himself to a fresh injury from the side of an impudent offender1 it allows the scoundrel to repay the most condign censure with a mortal stroke4 ,but when a man's honour is at stake the voice of justice is easily silenced1 and the pressure of ancient habit is greater than ever4 ,as is usual in similar cases1 a variety of more or less futile arguments are adduced to give their support to the survival4 ,lord ,kames maintained that1 if two persons agree to decide their quarrel by single combat1 the ,state has nothing to do with it1 since they need not make use of the protection which the ,state offers them4#fa ,but1 as a matter of fact1 the #eaj duel is not a private affair between two individuals4 ,as ,moore observed1 a refusal of the duel is attended with such mortifying circumstances1 with such an imputation of meanness and cowardice 4 4 4 1 with such a studied contempt in public1 and exclusion from the polite circle in private1 as renders the alternative both cruel and inhuman2#fb and it would seem that the ,state ought to protect its members against such a compulsion4 ,it is said that the duel grasps the sword of justice1 which the laws have dropped1 punishing what no code can chastise--contempt and insult4#fc ,but we find that in countries where it no longer prevails1 laws against insults1 courts of honour1 and especially more refined ideas as regards honorary satisfaction1 have made it as useless as it is absurd1 a matter of the past which nobody desires to revive4 ,footnote #ei3 ,cf4 ,bentham1 ,theory of ,legislation1 p4 #bii sqq4 ,footnote #fj3 ,that the modern duel is a special development of ,chivalry has been pointed out by ,buckle 7,history of ,civilization in ,england1 ii4 #acf sq474 ,footnote #fa3 ,kames1 ,sketches of the ,history of ,man1 i4 #dae n4 ,footnote #fb3 ,moore1 ,full ,inquiry into the ,subject of ,suicide1 ii4 #bgf4 ,footnote #fc3 ,quoted by ,millingen1 ,history of ,duelling1 i4 #cjj4 ,,chapter ,,xxii ,,bodily ,,injuries ,,closely related to the right to life is the right to bodily integrity4 ,indeed1 homicide is1 generally speaking1 the highest form of bodily injury which can1 in the nature of things1 be inflicted1 although there are some forms of ill-treatment which are more terrible than death itself4#a ,footnote #a3 ,cf4 ,stephen1 ,history of the ,criminal ,law of ,england1 iii4 #aa4 ,in the case of bodily injuries the magnitude of the offence is1 other things being equal1 proportionate to the harm inflicted4 ,at the lower stages of civilisation we meet with the principle of an eye for an eye and a tooth for a tooth1 or the offender has to pay an adequate compensation for the injury4#b ,it is said in the ,laws of ,manu that1 if a blow is struck against men in order to give them pain1 the judge shall inflict a fine in proportion to the amount of pain caused4#c ,according to ,muhammedan law1 retaliation for intentional wounds and mutilations is allowed1 but a fine may be accepted instead4 ,the fine for depriving a man of any of his five senses1 or dangerously wounding him1 or grievously disfiguring him for life1 or cutting off a member that is single1 as the #eab nose1 is the whole price of blood2 the fine for a member of which there are two and not more1 as a hand or a foot1 is half the price of blood2 the fine for a member of which there are ten1 as a finger or a toe1 is a tenth of the price of blood4#d ,the scale of fines for bodily injuries contained in many of the early ,teutonic law-books is minute to a degree4#e ,according to various texts of the ,salic law1 #ajj solidi--that is1 a moiety of the wergeld--must be paid for depriving a man of a hand1 foot1 eye1 or the nose2 the thumb and great toe were valued at #ej solidi2 the second finger with which the bow was drawn1 at #ce4f ,with respect to other acts of violence1 the fine varied according to several circumstances1 as1 whether the blow was given with a stick or with closed fist1 whether the brain was laid bare1 whether certain bones were obtruded and how much1 whether blood flowed from the wound on the ground1 and so forth4#g ,in the ,anglo-,saxon codes almost every part and particle of the body1 every tooth1 toe1 and nail1 had its price4 ,according to the ,laws of ,aethelbirht1 for instance1 twenty shillings were paid for striking off a thumb1 three for a thumb nail1 eight for the forefinger1 eleven for the little finger4#h ,in early ,celtic law different amounts of injury were taxed with a similar affected precision4#i ,nothing can better give us an idea of the business-like manner in which the whole subject was treated than the ,irish law against castration4 ,if the injured persons be people to whom the organs extirpated are of no use1 such as a decrepit old man or a man in orders1 there is nothing due to them for the loss of them1 but body-fine according to the severity of the wound4#aj #eac ,after this one is almost surprised to read in the ancient laws of ,ireland that1 when a person had once been maimed1 and received part or all of his body-fine1 no subsequent wrong-doer could insist that the injured person should be rated as a damaged article4#aa ,footnote #b3 ,post1 ,afrikanische ,jurisprudenz1 ii4 #fa sqq4 ,munzinger1 ,ostafrikanische ,studien1 pp4 #bjh 7,takue71 #ejb 7,barea and ,kunma74 ,burton1 ,two ,trips to ,gorilla ,land1 i4 #aje 7,mpongwe74 ,maclean1 ,compendium of ,kafir ,laws and ,customs1 p4 #fa sq4 ,macpherson1 ,memorials of ,service in ,india1 p4 #hb 7,kandhs74 ,earl1 ,papuans1 p4 #hc 7,papuans of ,dory74 ,kubary1 ,die socialen ,einrichtungen der ,pelauer1 p4 #gd 7,pelew ,islanders74 ,petroff1 ',report on ,alaska1' in ,tenth ,census of the ,united ,states1 p4 #aje 7,thlinkets74 ,footnote #c3 ,laws of ,manu1 viii4 #bhf4 ,footnote #d3 ,lane1 ,manners and ,customs of the ,modern ,egyptians1 p4 #abj4 ,sachau1 ,muhammedanisches ,recht1 p4 #gfd4 ,footnote #e3 ,wilda1 ,strafrecht der ,germanen1 p4 #gbi4 ,stemann1 ,den danske ,retshistorie indtil ,christian ,v4's ,lov1 p4 #feh4 ,stephen1 ,history of the ,criminal ,law of ,england1 i4 #ef4 ,lappenberg1 ,history of ,england under the ,anglo-,saxon ,kings1 ii4 #dbb4 ,footnote #f3 ,lex ,salica1 edited by ,hessels1 coll4 #afc-afg1 #agj1 #agb-agg1 #agi4 ,footnote #g3 ,ibid4 col4 #ajj sqq4 ,footnote #h3 ,laws of thelbirht1 #ed4 ,footnote #i3 ,ancient ,laws of ,ireland1 iii4 pp4 cix41 #cdi4 ,venedotian ,code1 iii4 #bc 7,ancient ,laws and ,institutes of ,wales1 p4 #aea sqq474 ,dimetian ,code1 ii4 #ag 7ibid4 p4 #bdf sqq474 ,gwentian ,code1 ii4 #f sq4 7ibid4 p4 #cdj sq474 ,footnote #aj3 ,ancient ,laws of ,ireland1 iii4 #cee4 ,footnote #aa3 ,ibid4 iii4 pp4 cix41 cxi41 #cdi1 #cea4 ,however1 the degree of the offence depends not only on the suffering inflicted1 but on the station of the parties concerned2 and in some cases the infliction of pain is held allowable or even a duty4 ,by using violence against their parents1 children grossly offend against the duty of filial regard and submissiveness4 ,it is said in the ,laws of ,hvammurabi1 that a man who has struck his father shall lose his hands4#ab ,according to ,exodus1 he that smiteth his father1 or his mother1 shall be surely put to death4#ac ,in ,corea the man who strikes his father is beheaded4#ad ,on the other hand1 parents are allowed to inflict corporal punishment on their children2 but this is not the case everywhere--indeed1 among many of the lower races children are never1 or hardly ever1 subject to such punishment4#ae ,among the ,australian ,dieyerie the children are never beaten1 and should any woman violate this law1 she is in turn beaten by her husband4#af ,the ,efatese1 says ,mr4 ,macdonald1 are shocked to see ,europeans correcting their children2 ,i never saw an ,efatese beating a child4#ag ,the ,eskimo #ead visited by ,mr4 ,hall never inflict physical chastisement upon the children2 if a child does wrong--for instance1 if it becomes enraged1 the mother says nothing to it till it becomes calm4 ,then she talks to it1 and with good effect4#ah ,among the ,tehuelches of ,patagonia the children are indulged in every way1 ride the best horses1 and are not corrected for any misbehaviour4#ai ,among the ,gaika tribe of the ,kafirs1 again1 parents may inflict corporal punishment on their children1 but are fined for causing permanent injuries to their persons1 such as the loss of an eye or a tooth4#bj ,footnote #ab3 ,laws of ,hvammurabi1 #aie4 ,footnote #ac3 ,exodus1 xxi4 #ae4 ,footnote #ad3 ,griffis1 ,corea1 p4 #bcf4 ,footnote #ae3 ,curr1 ,recollections of ,squatting in ,victoria1 p4 #beb 7,bangerang tribe74 ,angas1 ,savage ,life and ,scenes in ,australia1 i4 #id 7tribes of the ,lower ,murray74 ,calvert1 ,aborigines of ,western ,australia1 p4 #cj sq4 ,lumholtz1 ,among ,cannibals1 p4 #aib sq4 7,northern ,queensland aborigines74 ,kubary1 ',die ,palau-,inseln in der ,sdsee1' in ,journal des ,museum ,godeffroy1 iv4 #ef 7,pelew ,islanders74 ,man1 ,sonthalia and the ,sonthals1 p4 #gh4 von ,siebold1 ,die ,aino auf der ,insel ,yesso1 p4 #aa4 ,murdoch1 ',ethnological ,results of the ,point ,barrow ,expedition1' in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #dag 7,point ,barrow ,eskimo74 ,boas1 ',central ,eskimo1' ibid4 vi4 #eff4 ,richardson1 in ,franklin1 ,journey to the ,shores of the ,polar ,sea1 p4 #fh 7,crees74 ,lumholtz1 ,unknown ,mexico1 p4 #bgd 7,tarahumares74 ,rautanen1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #cbi 7,ondonga74 ,see also ,steinmetz1 ,ethnologische ,studien zur ersten ,entwicklung der ,strafe1 ii4 ch4 vi4 #b1 especially p4 #bjc2 ,idem1 ',das ,verhltnis zwischen ,eltern und ,kindern bei den ,naturvlkern1' in ,zeitschrift fr ,socialwissenschaft1 i4 #faj sqq4 ,footnote #af3 ,gason1 ',manners and ,customs of the ,dieyerie ,tribe1' in ,woods1 ,native ,tribes of ,south ,australia1 p4 #beh4 ,footnote #ag3 ,macdonald1 ,oceania1 p4 #aie4 ,footnote #ah3 ,hall1 ,arctic ,researches1 p4 #efh4 ,footnote #ai3 ,musters1 ,at ,home with the ,patagonians1 p4 #aig4 ,footnote #bj3 ,brownlee1 in ,maclean1 ,compendium of ,kafir ,laws and ,customs1 p4 #aah4 ,the power which the husband possesses over his wife much more commonly implies the right of inflicting pain on her than of punishing her capitally2 but even among savages and barbarians the former right is not universally granted to him4 ,the ,pelew ,islanders do not allow a husband to beat his wife4#ba ,among various ,eskimo tribes the women are rarely1 if ever1 beaten4#bb ,among the ,central ,eskimo the husband is not allowed to maltreat or punish his wife2 if he does1 she may leave him at any time1 and the wife's mother can always command a divorce4#bc ,many1 or most1 of the ,north ,american ,indians consider it disgraceful for a husband to beat his wife4#bd ,among the ,kalmucks a man has no right to raise his hand against a woman4#be ,among the ,madis women are never beaten4#bf ,among the ,ondonga a man is not allowed to chastise his wife4#bg ,among the ,gaika tribe of the ,kafirs a husband may beat his wife for misconduct2 but if he should strike out her eye or a tooth1 or otherwise maim her1 he is fined at the discretion of the ,chief4#bh #eae ,according to the native code of ,malacca1 a man may beat his wife1 but not as he would chastise a slave1 and not till blood flows2 if he should do so1 he is fined4#bi ,according to ,muhammedan law1 a husband may chastise an obstinate wife1 but he must not cause her great suffering1 nor inflict on her a wound4#cj ,we read in the ,laws of ,manu3--,a wife1 a son1 a slave1 a pupil1 and a younger brother of the full blood1 who have committed faults1 may be beaten with a rope or a split bamboo1 but on the back part of the body only1 never on a noble part2 he who strikes them otherwise will incur the same guilt as a thief4#ca ,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 holy1#cb was shared neither by the ancient ,teutons#cc nor by medival legislators4 ,according to the ,jydske ,lov1 a husband was allowed to chastise his wife with a stick or rod1 though not with a weapon2 but he had to take care not to break any limb of her body4#cd ,in the ,coutumes du ,beauvoisis it is said that a man may beat his wife if she belies or curses him1 or disobeys his reasonable commands1 or for some other similar reason1 though he must not kill or maim her4#ce ,among ,russian and ,south ,slavonian#cf peasants public opinion still permits the husband to inflict corporal punishment on his wife4 ,in ,russia the bridegroom1 while he is leading his bride to her future home1 gives her from time to time light blows from a whip1 saying at each stroke3 ',forget the manners of thine own #eaf family1 and learn those of mine4' ,as soon as they have entered their bedroom1 the husband says to his wife1 ',take off my boots4' ,the wife immediately obeys her husband's orders1 and1 taking them off1 finds in one of them a whip1 symbol of his authority over her person4 ,this authority implies the right of the husband to control the behaviour of his wife1 and to correct her every time he thinks fit1 not only by words1 but also by blows4 ,the opinion which a ,russian writer of the sixteenth century 4 4 4 expresses as to the propriety of personal chastisement1 and even as to its beneficial effects on the health1 is still shared by the country people4 4 4 4 ,the customary ,court seems to admit the use of such disciplinary proceedings by not interfering in the personal relations of husband and wife4 ',never judge the quarrel of husband and wife1' is a common saying1 scrupulously observed by the village tribunals1 which refuse to hear any complaint on the part of the aggrieved woman1 at least so long as the punishment has not been of such a nature as to endanger life or limb4#cg ,footnote #ba3 ,kubary1 ',die ,palau-,inseln1' in ,jour4 des ,museum ,godeffroy1 iv4 #dc4 ,footnote #bb3 ,king1 in ,jour4 ,ethn4 ,soc4 i4 #adg4 ,cf4 ,murdoch1 loc4 cit4 p4 #dad4 ,footnote #bc3 ,boas1 in ,ann4 ,rep4 ,bur4 ,ethn4 vi4 #egi4 ,footnote #bd3 ,waitz1 ,anthropologie der ,naturvlker1 iii4 #aja4 ,cf4 ,powers1 ,tribes of ,california1 p4 #agh 7,gallinomero74 ,footnote #be3 ,liadov1 in ,jour4 ,anthr4 ,inst4 i4 #dje4 ,footnote #bf3 ,ratzel1 ,history of ,mankind1 iii4 #dj4 ,footnote #bg3 ,rautanen1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #cbi4 ,footnote #bh3 ,brownlee1 in ,maclean1 op4 cit4 p4 #aag4 ,footnote #bi3 ,newbold1 ,british ,settlements in the ,straits of ,malacca1 ii4 #caa sq4 ,footnote #cj3 ,sachau1 ,muhammedanisches ,recht1 pp4 #aj1 #dd1 #hdi4 ,footnote #ca3 ,laws of ,manu1 viii4 #bii sq4 ,footnote #cb3 ,plutarch1 ,cato ,major1 xx4 #c4 ,footnote #cc3 ,nordstrm1 ,bidrag till den svenska samhllsfrfattningens historia1 ii4 #fa sq4 ,stemann1 op4 cit4 p4 #cbc sq4 ,footnote #cd3 ,jydske ,lov1 ii4 #hb4 ,footnote #ce3 ,beaumanoir1 ,coutumes du ,beauvoisis1 lvii4 #f1 vol4 ii4 p4 #ccc3 ,il loist bien l'homme batre se feme1 sans mort et sans mehaing1 quant ele le meffet2 si comme quant ele est en voie de fere folie de son cors1 ou quant ele dement son baron ou maudist1 ou quant ele ne veut obeir ses resnables commandemens que prode feme doit fere3 en tel cas et en sanllables est il bien mestiers que li maris soit castierres de se feme resnablement4 4 4 4 ,li maris le doit castier et repenre selonc toutes les manieres qu'il verra que bon sera por li oster de tel visse1 exept mort ou mehaing4 ,footnote #cf3 ,krauss1 ,sitte und ,branch der ,sdslaven1 p4 #ebf4 ,footnote #cg3 ,kovalewsky1 ,modern ,customs and ,ancient ,laws of ,russia1 p4 #dd sq4 ,cf4 ,meiners1 ,vergleichung des ltern und neuern ,russlandes1 ii4 #afg sq42 ,idem1 ,history of the ,female ,sex1 i4 #afj4 ,it seems that1 wherever slavery exists1 the master has a right to inflict corporal punishment on his slave1 even though he be forbidden to deprive him of any of his limbs4 ,according to the ,chinese ,penal ,code1 the master1 or relations of the master of a guilty slave1 may chastise such slave in any degree short of occasioning his death1 without being liable to any punishment2#ch whereas all slaves who are guilty of designedly striking their masters1 shall1 without making any distinction between principals and accessories1 be beheaded4#ci ,among the ,hebrews1 if a man by blows destroyed an eye or a tooth1 or any other member belonging to his man-servant or maid-servant1 he was bound to let the injured person go free1 though full retribution was legally ordained for bodily injuries done to free ,israelites4#dj ,in the ,north ,american ,slave ,states and #eag in the colonies of all ,european ,powers the master could inflict any number of blows upon his slave1 but if he mutilated him he was fined or subjected to a very moderate term of imprisonment4#da ,footnote #ch3 ,ta ,tsing ,leu ,lee1 sec4 cccxiv4 p4 #cdj4 ,footnote #ci3 ,ibid4 sec4 cccxiv4 p4 #cch4 ,footnote #dj3 ,exodus1 xxi4 sqq4 ,footnote #da3 ',negro ,act' of #agdj1 #cg1 in ,brevard1 ,digest of the ,public ,statute ,law of ,south ,carolina1 ii4 #bda4 ,stephen1 ,slavery of the ,british ,west ,india ,colonies1 i4 #cf sq4 ,edwards1 ,history of the ,british ,west ,indies1 ii4 #aib4 ,the maltreatment of another person's slave has1 even by civilised legislators1 been regarded as an injury done to the master rather than to the slave4 ,according to ,muhammedan law1 the fine imposed on a free person for injuring a slave varies according to the value of the slave4#db ,in the ,institutes of ,justinian it is said that1 if a man were to flog another man's slave in a cruel manner1 an action would1 in this case1 lie against him1 but that the master has no right of action against a person who has struck the slave with his fist4#dc ,in the ,negro ,act of #agdj it was prescribed that1 if a slave was beaten by any person who had not sufficient cause or lawful authority for so doing1 and if he or she was maimed or disabled by such beating from performing his or her work1 the offender should pay to the owner of the slave the sum of #ae shillings current money per diem1 for every day of his lost time1 and also the charge of the cure of such slave4#dd ,but if the beating of the slave caused no loss of service to his master1 the offender was not1 as a rule1 punished by law4 ,a decision of the ,supreme ,court of ,maryland established expressly the law to be1 in that ,state1 that trespass would not lie by a master for an assault and battery on his slave1 unless it were attended with a loss of service4#de ,if1 on the other #eah hand1 the offender was a slave and his victim a white man1 the injury was regarded in a very different light4 ,we read in an act of ,georgia passed in #aggj3--;,if any slave shall presume to strike any white person1 such slave 4 4 4 shall 4 4 4 for the second offence suffer death3 ,but in case any such slave shall grievously wound1 maim1 or bruise any white person1 though it shall be only the first offence1 such slave shall suffer death4#df ,and to offer violence1 to strike1 attempt to strike1 struggle with1 or resist any white person1 was1 even by the latest meliorating laws issued in the ,british ,colonies1 declared to be a crime in a slave which1 if the white person had been wounded or hurt1 and in some islands even without that condition1 should subject the offender to death1 dismemberment1 or other severe penalties4#dg ,we read in one of the codes of ancient ,wales3--,if a freeman strike a bondman1 let him pay him twelve pence4 4 4 4 ,if a bondman strike any freeman1 it is just to cut off his right hand1 or his right foot4#dh ,according to ,chinese law1 a freeman striking a slave shall be punished less severely by one degree than in the ordinary cases of the same offence2 whereas a slave striking a freeman shall1 in proportion to the consequences1 be punished one degree more severely than is by law provided in similar cases between equals4#di ,footnote #db3 ,lane1 ,manners and ,customs of the ,modern ,egyptians1 p4 #abj4 ,footnote #dc3 ,institutiones1 iv4 #d4 #c4 ,footnote #dd3 ,brevard1 op4 cit4 ii4 #bca sq4 ,footnote #de3 ,harris and ,johnson1 ,reports of ,cases argued and determined in the ,general ,court and ,court of ,appeals of the ,state of ,maryland1 i4 #d4 ,of all the ,slave ,states1 so far as ,i know1 ,kentucky was the only one where the owner of a slave might bring an action of trespass against anyone who whipped1 stroke1 or otherwise 9999abused the slave without the owner's consent1 notwithstanding the slave was not so injured that the master lost his services thereby 7,morehead and ,brown1 ,digest of the ,statute ,laws of ,kentucky1 ii4 #adha74 ,in ,tennessee1 according to an act of #ahac1 a person was punished if he wantonly and without sufficient cause beat or abused the slave of another 7,caruthers and ,nicholson1 ,compilation of the ,statutes of ,tennessee1 p4 #fgh74 ,footnote #df3 ,prince1 ,digest of the ,laws of the ,state of ,georgia1 p4 #gha4 ,footnote #dg3 ,stephen1 ,slavery of the ,british ,west ,india ,colonies1 i4 #ahh4 ,edwards1 ,history of the ,british ,west ,indies1 ii4 #bjb sq4 ,footnote #dh3 ,gwentian ,code1 ii4 #e4 #ca sq4 7,ancient ,laws and ,institutes of ,wales1 p4 #cci74 ,for ancient ,swedish law on this subject1 see ,gotlands-,lagen1 i4 #ai4 #cg4 ,footnote #di3 ,ta ,tsing ,leu ,lee1 sec4 cccxiii4 p4 #ccf4 ,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 freemen4 ,among the ,marea1 whilst a commoner who wounds another commoner simply pays him compensation for the hurt1 a commoner who wounds a nobleman must abandon to him all his property and become his slave4#ej ,at ,zimm the fines for assaults vary greatly1 according to the rank of the party complaining4#ea #eai ,among the ,ossetes the limbs of a noble are rated at twice as much as the limbs of an ordinary freeman4#eb ,the ,laws of ,hvammurabi contain the following provisions3--,if a man has caused the loss of a gentleman's eye1 his eye one shall cause to be lost4 ,if he has shattered a gentleman's limb1 one shall shatter his limb4 ,if he has caused a poor man to lose his eye or shattered a poor man's limb1 he shall pay one mina of silver4 ,if a man has made the tooth of a man that is his equal to fall out1 one shall make his tooth fall out4 ,if he has made the tooth of a poor man to fall out1 he shall pay one-third of a mina of silver1#ec ,according to the ,laws of ,manu1 if a man of a low caste does hurt to a man of any of the three highest castes1 the offending member shall be cut off2#ed and he who intentionally strikes a ,brhmana in anger1 even if it were only with a blade of grass1 will be born during twenty-one existences in the wombs of such beings where men are born in punishment of their sins4#ee ,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 concerned4#ef ,footnote #ej3 ,munzinger1 ,ostafrikanische ,studien1 p4 #bdd4 ,footnote #ea3 ,colquhoun1 ,amongst the ,shans1 p4 #acb4 ,footnote #eb3 von ,haxthausen1 ,transcaucasia1 p4 #dji4 ,footnote #ec3 ,laws of ,hvammurabi1 #aif-aih1 #bjj sq4 ,cf4 ibid4 #bjb sq4 ,footnote #ed3 ,laws of ,manu1 viii4 #bgi4 ,footnote #ee3 ,ibid4 iv4 #aff4 ,cf4 ibid4 iv4 #afg4 ,footnote #ef3 ,kemble1 ,saxons in ,england1 i4 #acd4 ,ancient ,laws of ,ireland1 iii4 p4 cxi4 ,dimetian ,code1 ii4 #ag4 #ag 7,ancient ,laws and ,institutes of ,wales1 p4 #bdh74 ,gwentian ,code1 ii4 #g4 #ac 7ibid4 #cdb74 de ,valroger1 ,les ,celtes1 p4 #dgj4 ,innes1 ,scotland in the ,middle ,ages1 p4 #ahj4 ,we have noticed that men in their estimation of human life1 particularly at the earlier stages of culture1 discriminate between fellow-tribesmen or compatriots and aliens4 ,a similar distinction is made with reference to other bodily injuries4 ,it reaches its pitch in the sufferings inflicted on vanquished enemies4 ,the treatment to which the ,kamchadales subjected their male prisoners of war included burning1 hewing them to pieces1 tearing their entrails out when alive1 and hanging them by the feet4#eg ,some of the ,dacotahs1 when they had taken a captive1 secured him #ebj to a stake and allowed their women to torture him by mutilating him previous to killing him2#eh and of many other ,north ,american ,indians it is said that they devote their captives to death1 with the most agonising tortures4#ei ,the wars of the ,society ,islanders1 ,ellis observes1 were most merciless and destructive2 invention itself was tortured to find out new modes of inflicting suffering4#fj ,on the other hand1 there are not wanting instances of savage warfare being conducted on more humane principles4 ,dobrizhoffer tells us that cruelty towards captives and enemies is abhorred by the ,abipones1 who never torture the dying2#fa and among the ,somals no injury is done to enemies who have been severely wounded in the battle4#fb ,civilised nations maintain that1 in time of war1 no greater injuries should be inflicted upon the enemy than are necessary to obtain the end of the war4 ,footnote #eg3 ,krasheninnikoff1 ,history of ,kamschatka1 p4 #bjj4 ,footnote #eh3 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #cac4 ,footnote #ei3 ,adair1 ,history of the ,american ,indians1 p4 #chh4 ,footnote #fj3 ,ellis1 ,polynesian ,researches1 i4 #bic4 ,cf4 ,williams1 ,narrative of ,missionary ,enterprises1 p4 #ecc 7,samoans72 ,foreman1 ,philippine ,islands1 p4 #ahe2 ,ellis1 ,tshi-speaking ,peoples of the ,gold ,coast1 p4 #agb sq4 ,footnote #fa3 ,dobrizhoffer1 ,account of the ,abipones1 ii4 #daa4 ,footnote #fb3 ,paulitschke1 ,ethnographie ,nordost-,afrikas1 p4 #bee4 ,the right to bodily integrity is influenced by religious differences as well as national4 ,according to ,muhammedan law1 the compensation for injuries inflicted on a ,jew or a ,christian is a third1 for those inflicted on a ,parsee only a fifteenth1 of the sum to be paid for similar injuries done to a ,moslem4#fc ,a medival ,spanish law prescribes that a ,christian who beats a ,jew shall pay four maravedis1 but that a ,jew who beats a ,christian shall pay ten4#fd ,footnote #fc3 ,sachau1 op4 cit4 p4 #gfd4 ,footnote #fd3 ',fuero de ,sepulveda1' art4 #cg sq41 quoted by ,du ,boys1 ,histoire du droit criminel de l',espagne1 p4 #gd4 ,the right to bodily integrity may be forfeited by the commission of a crime4 ,as has been already noticed1 physical injuries are frequently resented according to the law of like for like2#fe and in other cases1 also1 the infliction #eba of corporal suffering--by mutilation1 scourging1 and so forth--is a common penalty4 ,amputation or mutilation of the offending member has particularly been in vogue among so-called peoples of culture4#ff ,it is often 9999mentioned in the ,code of ,hvammurabi#fg and in the ,laws of ,manu4#fh ,it occurred among the ,greeks1#fi ,romans1#gj and ,teutons4#ga ,medival codes contain numerous instances of it4#gb ,the ,laws of ,alfred prescribe that a male theow who commits a rape upon a female theow shall be emasculated2#gc and in a later age ,bracton reserves the same punishment for the deflowerer of a virgin1 with the addition that the offender shall also lose his eyes1 on account of his looking at the beauty1 for which he coveted possession of the virgin4#gd ,according to a law of ,cnut1 an adulteress shall have her nose and ears cut off4#ge ,aethelstan enjoined that an illicit coiner should lose his right hand2#gf whereas in later times this punishment was restricted to those who struck anybody in the king's presence or in his court4#gg ,by the statute law of ,scotland the punishment of forgery1 or falsifying of writings1 was at first the amputation of the hand1 afterwards dismembering of it1 joined with other pains4#gh ,in some countries a perjurer lost the offending fingers or his right hand1#gi in others he had his tongue cut #ebb off or pierced with a hot iron2#hj and in ,england1 before the ,conquest1 a man might lose his tongue by bringing a false and scandalous accusation4#ha ,in the seventeenth century a person in ,scotland was sentenced to have his tongue bored because he had libelled the ,lord ,justice ,general4#hb ,in ,german and ,austrian codes we find1 even in the eighteenth century1 traces of the principle of punishing the offending member2#hc and in ,france the last survival of it--the amputation of the right hand of a parricide before his execution--disappeared only in #ahcb4hd ,growing refinement of feeling has made people averse from the use of surgery in the administration of justice2 and in most ,european countries grown-up offenders are no longer liable to corporal punishment of any kind4#he ,footnote #fe3 ,supra1 p4 #agh4 ,see also ,laws of ,hvammurabi1 #aif1 #aig1 #bjj2 ,exodus1 xxi4 #bd sq42 ,leviticus1 xxiv4 #ai sq42 ,deuteronomy1 xix4 #ba2 ,koran1 v4 #di2 ,sachau1 op4 cit4 p4 #gfb sq4 7,muhammedan law72 ,leist1 ,alt-arisches ,jus ,gentium1 p4 #dbf sq4 7,greeks72 ,lex ,duodecim ,tabularum1 viii4 #b2 ,gnther1 ,idee der ,wiedervergeltung1 p4 #ahf sqq4 7,teutons74 ,footnote #ff3 ,for its occurrence in modern ,persia1 see ,polak1 ,persien1 i4 #bef1 #cbi sq42 in ,fez1 see ,leo ,africanus1 ,history and ,description of ,africa1 ii4 #dgj4 ,the ,koran 7v4 #db7 orders theft to be punished by cutting off the hands of the thief1 but this punishment is now seldom practised in ,muhammedan countries4 ,among the lower races ,i have met only with a few instances of punishing the offending member4 ,in ,ashanti intrigue with the female slaves of the royal household is punished by emasculation 7,ellis1 ,tshi-speaking ,peoples of the ,gold ,coast1 p4 #bhg72 and the ,kamchadales burn the hands of people who have been frequently caught in theft 7,krasheninnikoff1 op4 cit4 p4 #agi74 ,footnote #fg3 ,laws of ,hvammurabi1 #aib1 #aid1 #aie1 #bah1 #bbf1 #bec4 ,footnote #fh3 ,laws of ,manu1 viii4 #bgj-bgb1 #bgi-bhc1 #cbb1 #ccd1 #cgd2 xi4 #aje4 ,footnote #fi3 ,gnther1 op4 cit4 i4 #id sqq4 ,footnote #gj3 ,ibid4 i4 #aee sqq4 ,footnote #ga3 ,ibid4 i4 #aie sqq4 ,wilda1 op4 cit4 p4 #eaj4 ,grimm1 ,deutsche ,rechtsalterthmer1 p4 #gdj4 ,footnote #gb3 ,du ,boys1 ,histoire du droit criminel des peuples modernes1 ii4 #fii4 ,idem1 ,histoire du droit criminel de l',espagne1 p4 #id4 ,cibrario1 ,economia politica del medio eve1 i4 #cdf sq4 ,footnote #gc3 ,laws of ,alfred1 ii4 #be4 ,footnote #gd3 ,bracton1 ,de ,legibus et ,consuetudinibus ,angli1 fol4 #adg1 vol4 ii4 #dhj sq4 ,footnote #ge3 ,laws of ,cnut1 ii4 #ed4 ,footnote #gf3 ,laws of thelstan1 #ad4 ,footnote #gg3 ,strutt1 ,view of the ,manners1 ,customs1 c41 of the ,inhabitants of ,england1 iii4 #dc4 ,footnote #gh3 ,erskine1 ,principles of the ,law of ,scotland1 p4 #ega4 ,footnote #gi3 ,stemann1 op4 cit4 p4 #fde4 ,charles ,v4's ,peinliche ,gerichts ,ordnung1 art4 #ajg1 p4 #bce4 ,pollock and ,maitland1 ,history of ,english ,law before the ,time of ,edward ,i4 ii4 #dec4 ,gnther1 op4 cit4 ii4 #eg4 ,footnote #hj3 ,du ,boys1 ,histoire du droit criminel des peuples modernes1 ii4 #fii4 ,idem1 ,histoire du droit criminel de l',espagne1 p4 #eii sq4 ,pitcairn1 ,criminal ,trials in ,scotland1 iii4 #eci4 ,footnote #ha3 ,pollock and ,maitland1 op4 cit4 ii4 #eci4 ,footnote #hb3 ,rogers1 ,social ,life in ,scotland1 ii4 #ce4 ,footnote #hc3 ,gnther1 op4 cit4 ii4 #ee-eg1 #fe2 iii4 #gi4 ,footnote #hd3 ,chauveau and ,hlie1 ,thorie du ,code ,pnal1 iii4 #cid4 ,footnote #he3 ,see von ,liszt1 ,le droit criminel des tats europens1 passim2 ,wrede1 ,die ,krperstrafen bei allen ,vlkern1 passim4 ,corporal punishment has generally been1 by preference1 a punishment for poor and common people or slaves4#hf ,blows and abusive language1 says ,plutarch1 seem to be more fitting for slaves than the freeborn4#hg ,according to the religious law of the ,hindus1 a ,brhmana shall not suffer corporal punishment for any offence4#hh ,among the ,hebrews#hi and ,muhammedans1#ij among the ,romans#ia and in the ,middle ,ages1#ib the punishment of mutilation could generally be commuted to a fine4 ,for a long period1 in #ebc ,christian ,europe1 as well as in ,pagan ,rome during the ,empire1#ic the punishment was more savage in proportion as the delinquent was more helpless4 ,en crimes1 says ,loysel1 les villains sont plus grivement punis en leurs corps que les nobles4 4 4 4 ,et o le vilain perdroit la vie1 ou un membre de son corps1 le noble perdra l'honneur1 et rponse en cour4#id ,indeed1 whilst the slave incurred the penalty of mutilation for the most trifling offence1 the noble might be exempted from corporal punishment of any kind4#ie ,in a similar manner the social status of a person has influenced his right to bodily integrity with reference to judicial torture4 ,according to the ,chinese ,penal ,code1 it shall not1 in any tribunal of government1 be permitted to put the question by torture to those who belong to any of the eight privileged classes1 in consideration of the respect due to their character4#if ,in ,rome1 under the ,republic1 torture was exclusively confined to the slaves4#ig ,in medival ,christendom it was made use of to an extent and with a cold-blooded ferocity unknown to any heathen nation1 and in cases of heresy and treason it was applied to every class of the community4#ih ,but the tortures inflicted on the nobles and the clergy were lighter than in the case of ordinary laymen1 and proof of a more decided character was required to justify their being exposed to torment4#ii ,noble persons and persons of quality1 says ,dumoulin1 cannot so easily be subjected to torture as persons who are of mean and plebeian rank4#ajj ,guazzini1 an eminent ,italian jurisconsult and a recognised expositor of the law of torture in the days of its highest ascendency and ripest maturity1 observes that the torment inflicted #ebd on a person shall be proportionate to his age1 his physical constitution1 his mental habits1 and his social status2#aja and he adds that bishops and others in high civil dignity are exempt from torture even under strong presumptions of guilt4#ajb ,footnote #hf3 ,see1 for instance1 the ,laws of ,manu1 viii4 #bfg1 #bgi4 ,footnote #hg3 ,plutarch1 ,de educatione puerorum1 #ab4 ,footnote #hh3 ,baudhyana1 i4 #aj4 #ah4 #ag4 ,institutes of ,vishnu1 v4 #b4 ,footnote #hi3 ,gnther1 op4 cit4 i4 #ee4 ,footnote #ij3 ,ibid4 i4 #gd sq4 ,lane1 ,manners and ,customs of the ,modern ,egyptians1 p4 #abj4 ,sachau1 op4 cit4 p4 #gfd4 ,according to ,muhammedan law1 it is not obligatory for the injured party to accept compensation in lieu of mutilation4 ,footnote #ia3 ,gnther1 op4 cit4 i4 #abd sqq4 ,mommsen1 ,rmisches ,strafrecht1 p4 #iha4 ,footnote #ib3 ,du ,boys1 ,histoire du droit criminel des peuples modernes1 ii4 #eeg sq4 ,strutt1 op4 cit4 ii4 #h4 ,footnote #ic3 ,cf4 ,mackenzie1 ,studies in ,roman ,law1 p4 #dad sq4 ,footnote #id3 ,loysel1 ,institutes coutumires1 vi4 #b4 #ca sq41 vol4 ii4 #bai sq4 ,footnote #ie3 ,du ,boys1 ,histoire du droit criminel de l',espagne1 p4 #dfi4 ,footnote #if3 ,ta ,tsing ,leu ,lee1 sec4 cccciv4 p4 #dda4 ,footnote #ig3 ,mommsen1 ,rmisches ,strafrecht1 p4 #dje4 ,footnote #ih3 ,suarez de ,paz1 ,praxis ecclesiastica et secularis1 v4 #a4 #c4 #ab1 fol4 #aed b4 ,cf4 ,lecky1 ,rise and ,influence of the ,spirit of ,rationalism in ,europe1 i4 #cbh4 ,footnote #ii3 ,lea1 ,superstition and ,force1 p4 #ebf sq4 ,footnote #ajj3 ,dumoulin1 quoted by ,welling1 ',law of ,torture1' in ,the ,american ,anthropologist1 v4 #baj sq4 ,footnote #aja3 ,guazzini1 ,tractatus ad defensam inquisitorum1 xxx4 #d4 #bd1 vol4 ii4 #hf4 ,footnote #ajb3 ,ibid4 xxx4 #ag1 vol4 ii4 #ajb sq4 ,the moral notions regarding the infliction of bodily injuries require little comment4 ,they are based on the principle of sympathetic resentment1 modified by the ascription of particular rights to some and particular duties to others1 on account of the relation in which the parties stand to each other2 and they follow the same rules as the ideas concerning homicide1 to the exclusion1 of course1 of all such considerations as result from fear of the slain man's ghost or from the religious horror of taking life4 ,one point1 however1 calls for special attention4 ,the forcible interference with another person's body not only causes physical pain but commonly entails disgrace upon the sufferer4 ,this largely accounts for the fact that a person's right to bodily integrity varies so much according to his social standing4#ajc ,even among the lower races we meet with the notions that an act of bodily violence involves a gross insult1 and that corporal punishment disgraces the criminal more than any other form of penalty4 ,according to the ,malay ,code1 the persons who may be put to death without the previous knowledge of the king or nobles1 are an adulterer1 a person guilty of treason1 a thief who cannot otherwise be apprehended1 and a person who offers another a grievous affront1 such as a blow over the face4#ajd ,among the ,maoris a blow with the fist would lead to a combat with arms4#aje ,the ,thlinkets consider corporal punishment to #ebe be the greatest indignity to which a freeman can be subjected1 hence they never inflict it4#ajf ,and civilised nations who are ready to punish certain criminals with death1 hold whipping to be a punishment too infamous to be employed4 ,footnote #ajc3 ,cf4 ,dimetian ,code1 ii4 #ag4 #ag 7,ancient ,laws and ,institutes of ,wales1 p4 #bdh73 ,the ,law says that the limbs of all persons are of equal worth2 if a limb of the king be broken1 that it is of the same worth as the limb of the villain3 yet1 nevertheless1 the worth of saraad or fine for insult to the king1 or to a breyr1 is more than the saraad of a villain1 if a limb belonging to him be cut4 ,see also ,gwentian ,code1 ii4 #g4 #ab sq4 7ibid4 p4 #cdb74 ,footnote #ajd3 ,crawfurd1 ,history of the ,indian ,archipelago1 iii4 #aje sq4 ,footnote #aje3 ,shortland1 ,traditions and ,superstitions of the ,new ,zealanders1 p4 #bbg4 ,footnote #ajf3 ,holmberg1 ',ethnograph4 ,skizzen ber die ,vlker des russischen ,amerika1' in ,acta ,societatis ,scientiarum ,fennic1 iv4 #cba4 ,,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 harm4 ,we shall now consider the same subject from another point of view1 namely1 the valuation of such conduct as positively promotes the existence and material comfort of a fellow-creature4 ,there is one duty so universal and obvious that it is seldom mentioned3 the mother's duty to rear her children1 provided that they are suffered to live4 ,another duty--equally primitive1 ,i believe1 in the human race--is incumbent on the married man3 the protection and support of his family4 ,we hear of this duty from all quarters of the savage world4 ,among the ,north ,american ,indians it was considered disgraceful for a man to have more wives than he was able to maintain4#a ,mr4 ,powers says that among the ,patwin1 a ,californian tribe which he believes to rank among the lowest in the world1 the sentiment that the men are bound to support the women--that is to furnish the supplies--is stronger even than among us4#b ,among the ,iroquois it was the office of the husband to make a mat1 to repair the cabin of his wife1 or to construct a new one4 ,the product of his hunting expeditions1 #ebg during the first year of marriage1 belonged of right to his wife1 and afterwards he shared it equally with her1 whether she remained in the village1 or accompanied him to the chase4#c ,among the ,botocudos1 whose girls are married very young1 remaining in the house of the father till the age of puberty1 the husband is even then obliged to maintain his wife1 though living apart from her4#d ,among the ,lengua ,indians of the ,paraguayan ,chaco the child of a woman whose husband deserts her is generally killed at birth1 the mother feeling that it is the man's part of married life to provide meat for his offspring4#e ,azara states that1 among the ,charruas1 du moment o un homme se marie1 il forme une famille part1 et travaille pour la nourrir4#f ,of the ,fuegians it is said that1 as soon as a youth is able to maintain a wife1 by his exertions in fishing or bird-catching1 he obtains the consent of her relations4#g ,the wretched ,rock ,veddahs in ,ceylon acknowledge the marital obligation and the duty of supporting their own families4#h ,among the ,maldivians1 although a man is allowed four wives at one time1 it is only on condition of his being able to support them4#i ,the ,nairs1 we are told1 consider it a husband's duty to provide his wife with food1 clothing1 and ornaments2#aj and almost the same is said by ,dr4 ,schwaner with reference to the tribes of the ,barito district1 in the south east part of ,borneo4#aa ,among the cannibals of ,new ,britain the chiefs have to see that the families of the warriors are properly maintained4#ab ,concerning the ,tonga ,islanders ,mariner states that a married woman is one who cohabits with a man1 and lives under his roof and protection4#ac ,among the ,maoris the mission of woman was to increase and multiply1 that of man to defend his home4#ad ,with reference to the ,kurnai in ,south ,australia1 ,mr4 ,howitt states that the man has to provide for his family with the assistance of his wife4 ,his share is to hunt for their support1 and to fight for their protection4#ae ,in ,lado1 in ,africa1 the bridegroom has to assure his father-in-law three times that he will #ebh protect his wife1 calling the people present to witness4#af ,among the ,touareg a man who deserts his wife is blamed1 as he has taken upon himself the obligation of maintaining her4#ag ,footnote #a3 ,waitz1 ,anthropologie der ,naturvlker1 iii4 #aji4 ,carver1 ,travels through the ,interior ,parts of ,north ,america1 p4 #cfg4 ,footnote #b3 ,powers1 ,tribes of ,california1 p4 #bbb4 ,footnote #c3 ,heriot1 ,travels through the ,canadas1 p4 #cch4 ,footnote #d3 von ,tschudi1 ,reisen durch ,sdamerika1 ii4 #bhc4 ,footnote #e3 ,hawtrey1 in ,jour4 ,anthr4 ,inst4 xxxi4 #bie4 ,footnote #f3 ,azara1 ,voyages dans l',amrique mridionale1 ii4 #bb4 ,footnote #g3 ,king and ,fitzroy1 ,voyages of the ,adventure and ,beagle1 ii4 #ahb4 ,footnote #h3 ,tennent1 ,ceylon1 ii4 #dda4 ,footnote #i3 ,rosset1 ',maldive ,islands1' in ,jour4 ,anthr4 ,inst4 xvi4 #afh sq4 ,footnote #aj3 ,stewart1 ',notes on ,northern ,cachar1' in ,jour4 ,asiatic ,soc4 ,bengal1 xxiv4 #fad4 ,footnote #aa3 ,schwaner1 ,borneo1 i4 #aii4 ,footnote #ab3 ,angas1 ,polynesia1 p4 #cgc4 ,footnote #ac3 ,mariner1 ,natives of the ,tonga ,islands1 ii4 #afg4 ,footnote #ad3 ,johnston1 ,maoria1 p4 #bh sq4 ,footnote #ae3 ,fison and ,howitt1 ,kamilaroi and ,kurnai1 p4 #bjf4 ,footnote #af3 ,wilson and ,felkin1 ,uganda1 ii4 #ij4 ,footnote #ag3 ,chavanne1 ,die ,sahara1 p4 #bji4 ,cf4 ,hanoteau and ,letourneux1 ,la ,kabylie1 ii4 #afg4 ,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 family4#ah ,indeed1 so closely is the idea that a man is bound to maintain his family connected with that of marriage and fatherhood1 that sometimes even repudiated wives with their children are1 at least to a certain extent1 supported by their former husbands4#ai ,and upon the death of a husband1 the obligation of maintaining his wife and her children devolves on his heirs1 the wide-spread custom of a man marrying the widow of his deceased brother being not only a privilege1 but1 among several peoples1 even a duty4#bj ,footnote #ah3 ,westermarck1 ,history of ,human ,marriage1 p4 #ah4 ,footnote #ai3 ,ibid4 p4 #ai4 ,footnote #bj3 ,ibid4 p4 #eaa sq4 ,turning to peoples who have reached a higher stage of culture3--,ab ,shug7 says that1 among ,muhammedans1 parents are obliged to support their families1 if the children are both poor and under age1 or both poor and lastingly infirm1 or both poor and insane4#ba ,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 them4#bb ,buddhistic law goes so far as to prescribe that the parents shall provide their son with a beautiful wife1 and give him a share of the wealth belonging to the family4#bc ,it has been observed that in the ,confucian books there is no mention of any real duties incumbent upon the father towards his children2#bd nor does the ,decalogue contain anything on the subject2 nor any law of ancient ,greece or ,rome4#be ,but1 as has been justly #ebi argued1 if legal prescriptions are wanting1 that is because they are thought to be superfluous1 nature itself having sufficiently prepared men for the performance of their duties towards their offspring4#bf ,so1 also1 it is regarded as a matter of course that the husband shall support his wife1 however great power he may possess over her4 ,among the ,romans manus implied not only the wife's subordination to the husband1 but also the husband's obligation to protect the wife4#bg ,footnote #ba3 ,sachau1 ,muhammedanisches ,recht1 p4 #ah4 ,footnote #bb3 ,ibid4 p4 #ii sq4 ,footnote #bc3 ,hardy1 ,manual of ,budhism1 p4 #die4 ,footnote #bd3 ,faber1 ,digest of the ,doctrines of ,confucius1 p4 #hb4 ,footnote #be3 ,leist1 ,grco-italische ,rechtsgeschichte1 p4 #ac4 ,footnote #bf3 ,ibid41 p4 #ac4 ,schmidt1 ,ethik der alten ,griechen1 ii4 #ada4 ,adam ,smith1 ,theory of ,moral ,sentiments1 p4 #aii sq4 ,footnote #bg3 ,rossbach1 ,untersuchungen ber die rmische ,ehe1 p4 #cb4 ,cf4 ,laws of ,manu1 ix4 #gd1 #ge1 #ie4 ,the parents' duty of taking care of their offspring is1 in the first place1 based on the sentiment of parental affection4 ,that the maternal sentiment is universal in mankind is a fact too generally admitted to need demonstration2 not so the father's love of his children4 ,savage men are commonly supposed to be very indifferent towards their offspring2 but a detailed study of facts leads us to a different conclusion4 ,it appears that1 among the lower races1 the paternal sentiment is hardly less universal than the maternal1 although it is probably never so strong and in many cases distinctly feeble4 ,but more often it displays itself with considerable intensity even among the rudest savages4 ,in the often-quoted case of the ,patagonian chief who1 in a moment of passion1 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 down1 we have only an instance of savage impetuosity4 ,the same father would1 at any other time1 have been the most daring1 the most enduring1 and the most self-devoted in the support and defence of his child4#bh ,similarly the ,central ,australian natives1 in fits of sudden passion1 when hardly knowing what they do1 sometimes treat a child with great severity2 but as a rule1 to which there are very few exceptions1 they are kind and considerate to their children1 the men as well as the women carrying them when they get tired on the march1 #ecj and always seeing that they get a good share of any food4#bi ,all authorities agree that the ,australian ,black is affectionate to his children4#cj ,from observation of various tribes in far distant parts of ,australia1 says ,mr4 ,howitt1 ,i can assert confidently that love for their children is a marked feature in the aboriginal character4 ,i cannot recollect having ever seen a parent beat or cruelly use a child2 and a short road to the goodwill of the parents is1 as amongst us1 by noticing and admiring their children4 ,no greater grief could be exhibited1 by the fondest parents in the most civilised community at the death of some little child1 than that which ,i have seen exhibited in an ,australian native camp1 not only by the immediate parents1 but by the whole related group4#ca ,other representatives of the lowest savagery1 as the ,veddahs#cb and ,fuegians1#cc are likewise described as tender parents4 ,though few peoples have acquired a worse reputation for cruelty than the ,fijians1 even the greatest censurer of their character admits that the exhibition of parental love among them is sometimes such as to be worthy of admiration2#cd whilst1 according to another authority1 it is truly touching to see how parents are attached to their children4#ce ,the ,bangala of the ,upper ,congo1 swayed one moment by a thirst for blood and indulging in the most horrible orgies1 4 4 4 may yet the next be found approaching their homes looking forward with #eca the liveliest interest to the caresses of their wives and children4#cf ,carver asserts that he never saw among any other people greater proofs of parental or filial tenderness than among the ,north ,american ,naudowessies4#cg ,among the ,point ,barrow ,eskimo the affection of parents for their children is extreme2#ch and the same seems to be the case among the ,eskimo in general4#ci ,concerning the ,aleuts ,veniaminof wrote long ago3--,the children are often well fed and satisfied1 while the parents almost perish with hunger4 ,the daintiest morsel1 the best dress1 is always kept for them4#dj ,mr4 ,hooper1 again1 found parental love nowhere more strongly exemplified than among the ,chukchi2 the natives absolutely doat upon their children4#da ,innumerable facts might indeed be quoted to prove that parental affection is not a late product of civilisation1 but a normal feature of the savage mind as it is known to us4#db ,footnote #bh3 ,king and ,fitzroy1 op4 cit4 ii4 #aee4 ,cf4 ibid4 ii4 #aed2 ,musters1 ,at ,home with the ,patagonians1 p4 #aif sq4 ,footnote #bi3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #ej sq4 ,footnote #cj3 ,curr1 ,the ,australian ,race1 i4 #djb2 iii4 #aee4 ,idem1 ,recollections of ,squatting in ,victoria1 p4 #beb4 ,angas1 ,savage ,life and ,scenes in ,australia1 i4 #id4 ,brough ,smyth1 ,aborigines of ,victoria1 i4 #ea2 ii4 #caa4 ,ridley1 ,aborigines of ,australia1 p4 #bc4 ,eyre1 ,journals of ,expeditions of ,discovery into ,central ,australia1 ii4 #bad sq4 ,sturt1 ,expedition into ,central ,australia1 ii4 #acg4 ,calvert1 ,aborigines of ,western ,australia1 p4 #cj sq4 ,taplin1 ',narrinyeri1' in ,woods1 ,native ,tribes of ,south ,australia1 p4 #ae4 ,gason1 ',manners and ,customs of the ,dieyerie ,tribe1' ibid4 p4 #beh4 ,hill and ,thornton1 ,aborigines of ,new ,south ,wales1 pp4 #b1 #d4 ,fraser1 ,aborigines of ,new ,south ,wales1 pp4 #b1 #dd4 ,lumholtz1 ,among ,cannibals1 p4 #aic4 ,footnote #ca3 ,fison and ,howitt1 op4 cit4 p4 #ahi4 ,cf4 ibid4 p4 #bei4 ,footnote #cb3 ,bailey1 ',wild ,tribes of the ,veddahs of ,ceylon1' in ,trans4 ,ethn4 ,soc4 ,n4,s4 ii4 #bia4 ,deschamps1 ,carnet d'un voyageur au pays des ,veddas1 p4 #chj4 ,footnote #cc3 ,king and ,fitzroy1 op4 cit4 i4 #gf2 ii4 #ahf4 ,weddell1 ,voyage towards the ,south ,pole1 p4 #aef4 ,pertuiset1 ,le ,trsor des ,incas la ,terre de ,feu1 p4 #bag4 ,footnote #cd3 ,williams and ,calvert1 ,fiji and the ,fijians1 p4 #aaf4 ,footnote #ce3 ,seemann1 ,viti1 p4 #aic4 ,cf4 ibid4 p4 #aid4 ,footnote #cf3 ,ward1 ,five ,years with the ,congo ,cannibals1 p4 #ada4 ,cf4 ibid4 p4 #aci4 ,footnote #cg3 ,carver1 op4 cit4 p4 #bdj sq4 ,cf4 ibid4 p4 #cgh sq4 ,footnote #ch3 ,murdoch1 ',ethnological ,results of the ,point ,barrow ,expedition1' in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #dag4 ,footnote #ci3 ,hall1 ,arctic ,researches1 p4 #efh4 ,parry1 ,second ,voyage for the ,discovery of a ,north-,west ,passage1 p4 #ebi4 ,boas1 ',central ,eskimo1' in ,ann4 ,rep4 ,bur4 ,ethn4 vi4 #eff4 ,turner1 ',ethnology of the ,ungava ,district1' ibid4 xi4 #aia4 ,seemann1 ,voyage of ,herald1 ii4 #fe4 ,cranz1 ,history of ,greenland1 i4 #agd4 ,footnote #dj3 ,veniaminof1 quoted by ,dall1 ,alaska1 p4 #cig4 ,cf4 ibid4 p4 #cic2 ,petroff1 ',report on ,alaska1' in ,tenth ,census of the ,united ,states1 p4 #aeh4 ,footnote #da3 ,hooper1 ,ten ,months among the ,tents of the ,tuski1 p4 #bja4 ,footnote #db3 ,dobrizhoffer1 ,account of the ,abipones1 ii4 #bad sq4 ,wied-,neuwied1 ,reise nach ,brasilien1 ii4 #dj 7,botocudos74 ,wallace1 ,travels on the ,amazon1 p4 #eah sq4 7,amazon ,indians2 but on the ,brazilian ,indians generally1 cf4 von ,martius1 in ,jour4 ,roy4 ,geo4 ,soc4 ii4 #aih1 and ,idem1 ,beitrge zur ,ethnographie ,amerika's1 i4 #abe74 ,im ,thurn1 ,among the ,indians of ,guiana1 pp4 #bac1 #bai4 ,mac,cauley1 ',seminole ,indians of ,florida1' in ,ann4 ,rep4 ,bur4 ,ethn4 v4 #dia4 ,dunbar1 ',pawnee ,indians1' in 9999,magazine of ,american ,history1 viii4 #gde4 ,catlin1 ,north ,american ,indians1 ii4 #bdb4 ,ten ,kate1 ,reizen en onderzoekingen in ,noord-,amerika1 p4 #cfd sq4 ,sproat1 ,scenes and ,studies of ,savage ,life1 p4 #afj 7,ahts74 ,franklin1 ,journey to the ,shores of the ,polar ,sea1 p4 #fh 7,crees74 ,elliott1 ',report on the ,seal ,islands1' in ,tenth ,census of the ,united ,states1 p4 #bch4 ,krasheninnikoff1 ,history of ,kamschatka1 p4 #bcb 7,koriaks74 ,georgi1 ,russia1 i4 #be 7,laplanders72 iii4 #ac 7,tunguses71 #aeh 7,kamchadales74 ,castrn1 ,nordiska resor och forskningar1 ii4 #aba 7,ostyaks74 ,prejevalsky1 ,mongolia1 i4 #ga4 ,scott ,robertson1 ,kfirs of the ,hindu-,kush1 p4 #ahi4 ,blunt1 ,bedouin ,tribes of the ,euphrates1 ii4 #bad4 ,dalton1 ,desiriptive ,ethnology of ,bengal1 p4 #fh 7,garos74 ,marshall1 ,a ,phrenologist amongst the ,todas1 p4 #bjj2 ,shortt1 ',hill ,tribes of the ,neilgherries1' in ,trans4 ,ethn4 ,soc4 ,n4,s4 vii4 #bed 7,todas74 ,kloss1 ,in the ,andamans and ,nicobars1 p4 #bbh 7,nicobarese74 ,man1 ,sonthalia and the ,sonthals1 p4 #gh4 ,wallace1 ,malay ,archipelago1 p4 #dej 7,malays74 ,schwaner1 op4 cit4 i4 #afb 7,malays of the ,barito ,river ,basin in ,borneo74 ,low1 ,sarawak1 p4 #adh 7,malays74 ,bock1 ,head-,hunters of ,borneo1 p4 #baj 7,dyaks74 ,ling ,roth1 ,natives of ,sarawak and ,british ,north ,borneo1 i4 #fh 7,land ,dyaks74 ,forbes1 ,a ,naturalist's ,wanderings in the ,eastern ,archipelago1 p4 #cba 7natives of ,timor-laut74 ,forbes1 ,insulinde1 p4 #ahb 7natives of ,ritobel7 ,seligmann1 in ,reports of the ,cambridge ,anthropological ,expedition to ,torres ,straits1 v4 #aii2 ,haddon1 ibid4 v4 #bbi1 #bgd 7,western ,islands74 ,romilly1 ,from my ,verandah in ,new ,guinea1 p4 #ea4 ,chalmers1 ,pioneering in ,new ,guinea1 p4 #afc4 ,christian1 ,caroline ,islands1 p4 #gb 7,ponapeans74 ,kubary1 ',die ,bewohner der ,mortlock ,inseln1' in ,mittheilungen der ,geogr4 ,gesellsch4 in ,hamburg1 #ahgh-i1 p4 #bfa4 ,macdonald1 ,oceana1 p4 #aie 7,efatese74 ,turner1 ,samoa1 p4 #cag 7natives of ,tana71 von ,kotzebue1 ,voyage of ,discovery1 iii4 #afe 7,natives of ,radack74 ,mariner1 op4 cit4 ii4 #agi 7,tongans74 ,dieffenbach1 ,travels in ,new ,zealand1 ii4 #bf1 #ajg2 ,crozet1 ,voyage to ,tasmania1 p4 #ff 7,maoris74 ,dove1 ',aborigines of ,tasmania1' in ,tasmanian ,journal of ,natural ,science1 i4 #beb4 ,reade1 ,savage ,africa1 p4 #bde 7,equatorial ,africans74 ,casati1 ,ten ,years in ,equatoria1 i4 #ahf 7,central ,african ,negroes74 ,cailli1 ,travels through ,central ,africa1 i4 #ceb 7,mandingoes74 ,holub1 ,seven ,years in ,south ,africa1 ii4 #bif 7,marutse74 ,livingstone1 ,missionary ,travels1 p4 #abf 7,bechuanas74 ,johnston1 ,uganda ,protectorate1 ii4 #eci 7,pigmies74 ,sparrman1 ,voyage to the ,cape of ,good ,hope1 i4 #bai 7,hottentots74 ,shaw1 ',betsileo ,country and ,people1' in ,antananarivo ,annual and ,madagascar ,magazine1 iii4 #hb4 ,see also supra1 p4 #dje2 ,steinmetz1 ',verhltnis zwischen ,eltern und ,kindern bei den ,naturvlkern1' in ,zeitschrift fr ,socialwissenschaft1 i4 #faj sqq42 ,idem1 ,ethnologische ,studien zur ersten ,entwicklung der ,strafe1 ii4 ch4 vi4 #b4 #ecb ,when dealing with the origin of the altruistic sentiment we shall find reason to believe that paternal affection not only prevails among existing men1 savage and civilised1 but that it belonged to the human race from the very beginning1 and that the same was the case with the germ of marital affection1 inducing the male to remain with the female till after the birth or the offspring1 and to defend and support her during the periods of pregnancy and motherhood4 ,it is true that among several savage peoples conjugal love is said to be unknown2 but what is meant by this is1 ,i think1 typically expressed in ,major ,ellis's statement referring to some ,gold ,coast natives1 that among them love1 as understood by the people of ,europe1 has no existence4#dc ,the love of a savage is certainly very different from the love of a civilised man2 nevertheless we may discover in it traces of the same ingredients4 ,even rude savages1 such as the ,bushmans1 ,fuegians1 ,andaman ,islanders1 and ,australian aborigines1 seem often to be lovingly attached to their wives4#dd ,footnote #dc3 ,ellis1 ,tshi-speaking ,peoples of the ,gold ,coast1 p4 #bhe4 ,i have dealt with this subject in my ,history of ,human ,marriage1 p4 #cef sqq4 ,footnote #dd3 ,ibid4 p4 #ceh sq4 #ecc ,the prevalence of paternal and marital affection accounts for the origin of the family 7consisting of parents and children71 and for the functions of the man as father and husband4 ,the growing intensity of these sentiments has naturally increased the stability of the family tie2 and other factors1 of a selfish nature1 have contributed towards the same result4 ,from various points of view it is desirable for a man to have children4 ,they are to him objects of pride2 when grown-up1 they add to his safety and power2 they support him when he gets old2 they make offerings to his spirit when he is dead4 ,and no less useful is the possession of a wife4 ,when the generative power is no longer restricted to a certain season of the year1 she becomes a lasting cause of sensual delight2 she is a mother of children2 she manages the household2 she acts as a carrier1 she works in the field4 ,every social institution has a tendency to become a matter of moral concern because of the persistence of habit4 ,but the simplest paternal and marital duties have a deeper foundation than the mere force of the habitual4 ,if a man leaves his wife and children without protection and support1 the other members of the community will sympathise with them1 and feel resentment towards the neglectful husband and father4 ,he will be looked upon as the cause of their sufferings1 because he omitted to do what other men in his position would have done4 ,his conduct will be repulsive to everyone who himself possesses those sentiments of which he proves destitute4 ,he will be held guilty of a breach of contract1 since by marrying he took upon himself the burden of maintaining his wife and their common offspring4 ,to thoughtful minds his responsibility towards his children is further increased by the fact that he is the author of their being1 and for that reason the source of their misery4 ,finally1 the community as a whole will suffer by his negligence4 ,the parents' duty of taking care of their offspring lasts until the latter are able to shift for themselves4 ,on the other hand1 when the parents1 in their turn1 get in need of #ecd support1 their care is to be reciprocated by the children4 ,the practice of killing or abandoning decrepit parents is an exception even in the savage world1 and1 as we have seen1 restricted to extreme cases in which it may be regarded as an act of kindness or of hard necessity4 ,there are always savage peoples among whom aged parents1 though suffered to live1 are said to be grossly neglected by their children4 ,but1 so far as ,i know1 these peoples are not numerous1 and can hardly be regarded as representatives of a custom common to any larger ethnic group4 ,thus1 according to ,hearne1 old age is the greatest calamity that can befall a ,northern ,indian2 for when he is past labour1 he is neglected1 and treated with great disrespect1 even by his own children4 ,they not only serve him last at meals1 but generally give him the coarsest and worst of the victuals2 and such of the skins as they do not chuse to wear1 are made up in the clumsiest manner into clothing for their aged parents4#de ,yet among the same people ,richardson witnessed several unquestionable instances of tenderness and affection shown by children to their parents1 and of compliance with their whims1 much to their own personal inconvenience4#df ,in his work on the tribes of ,california ,mr4 ,powers observes3--filial piety cannot be said to be a distinguishing quality of the ,wailakki1 or1 in fact1 of any ,indians4 ,no matter how high may be their station1 the aged and decrepit are counted a burden4 ,the old man1 hero of a hundred battles1 sometime 'lord of the lion heart and eagle eye1' when his fading eyesight no more can guide the winged arrow as of yore1 is ignominiously compelled to accompany his sons into the forest1 and bear home on his poor old shoulders the game they have killed4#dg ,but concerning the ,indians of ,upper ,california ,beechey writes1 ,when any of their relations are indisposed1 the greatest attention is paid to their wants1 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 acquainted4#dh ,among the ,indians on the east side of the ,rocky ,mountains1 the aged are commonly treated with much respect1 which they consider themselves as entitled to claim2 and they are not suffered to want any thing which they need1 and which #ece it is in the power of their relations to procure for them4#di ,the religious teachers of the ,iroquois inculcated the duty of protecting aged parents1 as divinely enjoined3--,it is the will of the ,great ,spirit that you reverence the aged1 even though they be as helpless as infants4#ej ,the ,aleuts described by ,veniaminof considered disregard of one's parents to be the greatest and most dishonourable of crimes2 we should sincerely love them1 they said1 do all we could toward their support1 remain with them1 and care for them until their death4#ea ,the children of the ,central ,eskimo are very dutiful1 obeying the wishes of their parents and taking care of them in their old age2#eb and statements to the same effect are made with reference to other ,eskimo tribes4#ec ,cranz1 who did not generally panegyrise the moral qualities of the ,greenlanders1 wrote that the bonds of filial and parental love seem stronger in them than amongst other nations1 and that ingratitude in up-grown children towards their old decrepit parents1 is scarcely exemplified among them4#ed ,among the ,botocudos ,prince ,wied-,neuwied saw a young man carrying about his blind father1 not leaving him alone for a single moment4#ee ,among the ,fuegians grown-up children are expected to support their parents when they become aged2 the son generally makes his father1 if he is past work1 a canoe every season1 and if the aged man is a widower he lives entirely under the charge of his eldest son4#ef ,the ,australian natives are much praised for the regard with which they treat their parents and elders4 ,with reference to the ,western tribes1 ,bishop ,salvado observes3--,les fils adultes payent de retour l'affection de leurs parents4 ,s'ils sont vieux1 ils rservent pour eux les meilleurs pices de gibier1 ou de tout autre mets1 et se chargent de venger leurs offenses4#eg ,among the ,kukis of ,india1 when past work1 the father and mother are supported by their children4#eh ,among the ,bdo and ,dhimls it is #ecf deemed shameful to leave old parents entirely alone2 and the last of the sons1 who by his departure does so1 is liable to fine as well as disinheritance4#ei ,among the ,betsileo of ,madagascar the old are never left destitute or to their own devices4 4 4 4 ,it is by no means uncommon to see the son carrying the aged parent on his back1 when necessity or inclination demands locomotion4#fj ,among the ,mandingoes the aged who are unable to support themselves are always maintained and treated with respect by their children4#fa ,that uncivilised races commonly regard it a stringent duty for children to maintain their aged parents and to administer to their wants1 is also obvious from statements testifying their filial regard in general terms4#fb ,on the other hand1 the fact that some peoples are said to be deficient in this sentiment1 does not imply that they fail to recognise the simple duty of supporting old and helpless parents4 ,footnote #de3 ,hearne1 ,journey to the ,northern ,ocean1 p4 #cde sq4 ,footnote #df3 ,richardson1 ,arctic ,searching ,expedition1 ii4 #ag4 ,footnote #dg3 ,powers1 op4 cit4 p4 #aah sq4 ,footnote #dh3 ,beechey1 ,voyage to the ,pacific and ,behring's ,strait1 ii4 #djb4 ,footnote #di3 ,harmon1 ,voyages and ,travels in the ,interior of ,north ,america1 p4 #cdh4 ,footnote #ej3 ,morgan1 ,league of the ,iroquois1 p4 #aga4 ,footnote #ea3 ,veniaminof1 quoted by ,petroff1 loc4 cit4 p4 #aee4 ,footnote #eb3 ,boas1 ',central ,eskimo1' in ,ann4 ,rep4 ,bur4 ,ethn4 vi4 #eff4 ,footnote #ec3 ,murdoch1 ',point ,barrow ,expedition1' in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #dag4 ,turner1 ',ungava ,district1' ibid4 xi4 #aia4 ,footnote #ed3 ,cranz1 op4 cit4 i4 #agd1 #aej4 ,cf4 ,egede1 ,description of ,greenland1 p4 #adg2 ,holm1 ',ethnologisk ,skizze af ,angmagsalikerne1' in ,meddelelser om ,grnland1 x4 #ic4 ,footnote #ee3 ,wied-,neuwied1 op4 cit4 ii4 #dj4 ,footnote #ef3 ,bridges1 ',manners and ,customs of the ,firelanders1' in ,a ,voice for ,south ,america1 xiii4 #bjf4 ,footnote #eg3 ,salvado1 ,mmoires historiques sur l',australie1 p4 #bgg4 ,cf4 ,curr1 ,the ,australian ,race1 iii4 #aee2 ,gason1 ',dieyerie ,tribe1' in ,woods1 ,native ,tribes of ,south ,australia1 p4 #beh2 ,mathew1 ',australian ,aborigines1' in ,jour4 ,proceed4 ,roy4 ,soc4 ,n4 ,s4 ,wales1 xxiii4 #chh4 ,footnote #eh3 ,lewin1 ,wild ,races of ,south-,eastern ,india1 p4 #bef4 ,footnote #ei3 ,hodgson1 ,miscellaneous ,essays1 i4 #abc4 ,footnote #fj3 ,shaw1 in ,antananarivo ,annual1 iii4 #hb4 ,footnote #fa3 ,cailli1 op4 cit4 i4 #ceb4 ,footnote #fb3 ,see infra1 on the ,subjection of ,children4 ,at a higher stage of civilisation reverence for parents reaches its pitch1 and the duty of maintaining them in their old age is taken for a matter of course4 ,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 strangers2#fc and it is common for unmarried soldiers to stint themselves almost to starvation point1 that they may send home money to their parents4#fd ,the priesthood of modern ,buddhism teach that children shall respect their parents1 and perform all kinds of offices for them1 even though they should have servants whom they could command to do all that they require4#fe ,at ancient ,athens1 before a man could become a magistrate1 evidence was to be produced that he had treated his parents properly2 and a person who refused his parents food and dwelling lost his right of speaking in the national assembly4#ff ,according to #ecg the ,icelandic ,grgs1 a man should maintain in the first place his mother1 in the second his father1 in the third his own children4#fg ,the ,talmud enjoins the duty of maintaining parents2#fh and so does ,muhammedan law1 if the parents are both poor and lastingly infirm1 or both poor and insane4#fi ,footnote #fc3 ,wilkins1 ,modern ,hinduism1 p4 #dah4 ,footnote #fd3 ,monier ,williams1 ,indian ,wisdom1 p4 #ddj1 n4 #a4 ,footnote #fe3 ,hardy1 op4 cit4 p4 #did4 ,cf4 ibid4 p4 #die4 ,footnote #ff3 ,schmidt1 ,ethik der alten ,griechen1 ii4 #add4 ,footnote #fg3 ,grgs1 ,omaga-balkr1 #a1 vol4 i4 #bcb4 ,footnote #fh3 ,katz1 ,der wahre ,talmudjude1 p4 #aai4 ,footnote #fi3 ,sachau1 op4 cit4 p4 #ag sq4 ,christianity1 as will be shown1 in one essential point changed the notions of antiquity regarding children's duties towards their parents3 it made these duties subordinate to men's duties towards ,god4 ,verily ,i say unto you1 ,there is no man that hath left house1 or brethren1 or sisters1 or father1 or mother1 or wife1 or children1 or lands1 for my sake1 and the gospel's1 but he shall receive an hundredfold now in this time1 houses1 and brethren1 and sisters1 and mothers1 and children1 and lands1 with persecutions2 and in the world to come eternal life4#gj ,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 sanctity1 and as one of their chief titles to honour4#ga ,some ,catholic writers were of opinion that a man might lawfully abandon his parents1 even though they could not be supported without him1 and enter religion1 committing the care of them to ,god4 ,but ,thomas ,aquinas says that this would be tempting ,god1 adding however that he who has already professed religion ought not1 on any plea of supporting his parents1 to quit the cloister in which he is buried with ,christ1 and entangle himself again in worldly business4#gb ,yet our duties towards our parents come next to our duties towards ,god4 ,we ought to aid them when in want1 and to supplicate ,god in their behalf that they may lead prosperous and happy lives4#gc ,footnote #gj3 ,st4 ,mark1 x4 #bi sq4 ,footnote #ga3 ,cf4 ,farrer1 ,paganism and ,christianity1 p4 #aif4 ,footnote #gb3 ,thomas ,aquinas1 ,summa ,theologica1 ii4-ii4 #aja4 #d4 ,footnote #gc3 ,catechism of the ,council of ,trent1 iii4 #e4 #aj sq4 ,the duty of supporting aged parents has its root in #ech the sentiments of affection1 gratitude1 and regard1 and1 to some extent1 in superstitious fear4 ,however feeble they be1 the parents have in their hands a powerful weapon--the curse2 or1 when they are dead1 their ghosts may avenge their wrongs on their neglectful children4 ,all these circumstances will be discussed in the chapter dealing with the subjection of children4 ,we have further to consider the duty of assisting brothers and sisters and more distant relatives4 ,among the ,aleuts1 says ,veniaminof1 a brother must always aid his brother in war as well as in the chase1 and each protect the other2 but if anybody1 disregarding this natural law1 should go to live apart1 caring only for himself1 such a one should be discarded by his relatives in case of attack by enemies or animals1 or in time of storms2 and such dishonourable conduct would lead to general contempt4#gd ,among the ,point ,barrow ,eskimo the older children take very good care of the smaller ones2#ge and of the ,sia ,indians 7,pueblos7 we are told that a marked trait is their loving kindness and care for younger brothers and sisters4#gf ,dr4 ,schweinfurth writes3--,notwithstanding 4 4 4 that certain instances may be alleged which seem to demonstrate that the character of the ,dinka is unfeeling1 these cases never refer to such as are bound by the ties of kindred4 ,parents do not desert their children1 nor are brothers faithless to brothers1 but are ever prompt to render whatever aid is possible4#gg ,i presume that these examples of fraternal relations may1 on the whole1 be regarded as expressive of universal facts4 ,according to ,confucius1 the love which brother should bear to brother is second only to that which is due from children to parents4#gh ,footnote #gd3 ,veniaminof1 quoted by ,petroff1 loc4 cit4 p4 #aee4 ,footnote #ge3 ,murdoch1 in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #dag4 ,footnote #gf3 ,stevenson1 ',sia1' in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #bb4 ,footnote #gg3 ,schweinfurth1 ,heart of ,africa1 i4 #afi4 ,footnote #gh3 ,douglas1 ,confucianism and ,taouism1 p4 #abc4 ,the duty of assisting more distant relatives is much more variable4 ,it may be said that1 as a general rule1 among #eci savages and barbarians--with the exception1 perhaps1 of those who live in small family-groups--as also among the peoples of archaic culture1 this duty is more prominent and extends further than amongst ourselves4 ,the blood-tie has much greater strength1 related families keep more closely together for mutual protection and aid4 ,the ,angmagsaliks of ,eastern ,greenland1 says ,lieutenant ,holm1 consider that the tie of blood imposes mutual assistance as a duty under all circumstances4#gi ,the ,omahas maintain that generosity cannot be exercised toward kindred1 who have a natural right to our assistance4#hj ,among the natives of ,madagascar the claims of relationship are distinctly recognised by custom and law4 ,if one branch of a family becomes poor1 the members of the same family support him2 if he be sold into slavery for debt1 they often unite in furnishing the price of his redemption4 4 4 4 ,the laws facilitate and encourage1 and sometimes even enforce1 such acts of kindness4#ha ,in his description of the ,australian ,bangerang1 ,mr4 ,curr observes1 ,though their ways were different from ours1 it always seemed to me that the bonds of friendship between blood relations were stronger1 as a rule1 with savages than amongst ourselves4#hb ,among the ,philippine ,islanders families are very united1 and claims for help and protection are admitted1 however distant the relationship may be4#hc ,of the ,burmans it is said1 ,no people can be more careful in preserving and acknowledging the bonds of family relationship to the remotest degrees1 and not merely as a matter of form1 but as involving the duty of mutual assistance4#hd ,among the ancient ,hindus1 ,persians1 ,greeks1 and ,romans1 persons belonging to the four generations of near relatives--the ,sapindas1 ,syngeneis1 ,anchisteis1 or ,propinqui--were expected to assist #edj each other whenever it was needed4#he ,the ,scandinavians considered him to be a bad man who did not help his kindred against strangers1 even though there was enmity between the relatives4#hf ,footnote #gi3 ,holm1 in ,meddelelser om ,grnland1 x4 #hg4 ,footnote #hj3 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #bgd4 ,footnote #ha3 ,ellis1 ,history of ,madagascar1 i4 #ach4 ,cf4 ,sibree1 ,the ,great ,african ,island1 p4 #bef sq4 ,footnote #hb3 ,curr1 ,recollections of ,squatting in ,victoria1 p4 #bgd4 ,footnote #hc3 ,foreman1 ,philippine ,islands1 p4 #ahf4 ,footnote #hd3 ,forbes1 ,british ,burma1 p4 #ei4 ,footnote #he3 ,leist1 ,alt-arisches ,jus ,civile1 i4 #dg sqq41 #bca sqq4 ,footnote #hf3 ,rosenberg1 ,nordboernes ,aandsliv1 i4 #dhh4 ,but the duty of helping the needy and protecting those in danger goes beyond the limits of the family and the kin4 ,uncivilised peoples are1 as a rule1 described as kind towards members of their own community or tribe4 ,between themselves charity is enjoined as a duty1 and generosity is praised as a virtue4 ,indeed1 their customs regarding mutual aid are often much more stringent than our own4 ,and this applies even to the lowest savages4#hg ,footnote #hg3 ,the prevalence of mutual aid in uncivilised communities has been duly emphasised by ,prince ,kropotkin1 ,mutual ,aid1 p4 #gf sqq4 ,la disposition la gnrosit1 says ,m4 ,hyades1 est un trait charactristique des ,fugiens4 ,ils aiment partager ce qu'ils ont avec tous ceux qui les entourent4#hh ,captain ,weddell likewise speaks of the philanthropic principle which these people exhibit towards one another4#hi ,burchell tells us that the ,bushmans1 between themselves1 exercise the virtues of hospitality and generosity1 often in an extraordinary degree4#ij ,the ,veddahs of ,ceylon are friendly towards each other1 and ready to help a person in distress4#ia ,the ,andamanese display much mutual affection in their social relations1 and frequently make presents of the best that they possess4 ,every care and consideration1 says ,mr4 ,man1 are paid by all classes to the very young1 the weak1 the aged1 and the helpless1 and these1 being made special objects of interest and attention1 invariably fare better in regard to the comforts and necessaries of daily life than any of the otherwise more fortunate members of the community4#ib ,the ,australian natives are almost universally praised for their friendly behaviour towards persons #eda belonging to their own people4#ic ,presents given to one of a group are speedily divided as far as possible among the rest1 and when a black man has employment at a station he generally gives away most of his earnings to his comrades in the camp4#id ,between the males of a tribe1 says ,mr4 ,curr1 there always exists a strong feeling of brotherhood1 so that1 come weal come woe1 a man can always calculate on the aid1 in danger1 of every member of his tribe4#ie ,regarding the ,central ,australian natives1 ,messrs4 ,spencer and ,gillen observe that their treatment of one another is marked on the whole by considerable kindness1 that is1 of course1 in the case of members of friendly groups1 with every now and then the perpetration of acts of cruelty4#if ,collins says that the aborigines about ,botany ,bay and ,port ,jackson applauded acts of kindness and generosity1 for of both these they were capable4#ig ,footnote #hh3 ,hyades and ,deniker1 ,mission scientifique du ,cap ,horn1 vii4 #bdc4 ,footnote #hi3 ,weddell1 op4 cit4 p4 #afh4 ,according to other authorities1 the ,fuegians1 though free from malevolence and cruelty1 are not distinguished for active benevolence 7,bridges1 in ,a ,voice for ,south ,america1 xiii4 #bjh1 #bac4 ,bove1 ,patagonia1 pp4 #acc1 #acg4 ,lovisato1 ',appunti etnografici sulla ,terra del ,fuoco1' in ,cosmos di ,guida ,cora1 viii4 #ade1 #aea4 ,cf4 also ,hyades and ,deniker1 op4 cit4 vii4 #bch1 #bdj1 #bdc sq474 ,footnote #ij3 ,burchell1 ,travels in the ,interior of ,southern ,africa1 ii4 #ed4 ,footnote #ia3 ,sarasin1 ,ergebnisse naturwissenschaftlicher ,forschungen auf ,ceylon1 iii4 #ede1 #eej4 ,schmidt1 ,ceylon1 p4 #bgf4 ,footnote #ib3 ,man1 in ,jour4 ,anthr4 ,inst4 xii4 #ic sq4 ,cf4 ,portman1 ibid4 xxv4 #cfh4 ,footnote #ic3 ,curr1 ,the ,australian ,race1 i4 #di4 ,hodgson1 ,reminiscences of ,australia1 p4 #hh4 ,oldfield1 ',aborigines of ,australia1' in ,trans4 ,ethn4 ,soc4 ,n4,s4 iii4 #bbf4 ,eyre1 op4 cit4 ii4 #che sq4 ,brough ,smyth1 op4 cit4 ii4 #bgi4 ,lumholtz1 ,among ,cannibals1 p4 #agf4 ,mathew1 in ,jour4 ,proceed4 ,roy4 ,soc4 ,n4,s4 ,wales1 xxiii4 #chg sq4 ,breton1 ,excursions in ,new ,south ,wales1 p4 #bah4 ,fison and ,howitt1 op4 cit4 p4 #bei4 ,wyatt1 ',manners and ,superstitions of the ,adelaide and ,encounter ,bay ,aboriginal ,tribes1' in ,woods1 ,native ,tribes of ,south ,australia1 p4 #afb4 ,schuermann1 ',aboriginal ,tribes of ,port ,lincoln1' ibid4 pp4 #bdc1 #bdd1 #bdg4 ,footnote #id3 ,schuermann1 loc4 cit4 p4 #bdd4 ,ridley1 ,kmilari1 p4 #aeh4 ,fison and ,howitt1 op4 cit4 p4 #bef4 ,lumholtz1 ,among ,cannibals1 pp4 #aii1 #cdc4 ,stirling1 ,report of the ,horn ,expedition to ,central ,australia4 ,part ,,iv4 ,anthropology1 p4 #cf4 ,footnote #ie3 ,curr1 ,the ,australian ,race1 i4 #fb4 ,footnote #if3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #ej4 ,footnote #ig3 ,collins1 ,english ,colony in ,new ,south ,wales1 i4 #edi4 ,passing to savages and barbarians who have reached a somewhat higher level of culture3--,we are told by ,mr4 ,catlin1 with reference to the ,north ,american ,indians1 that1 to their friends1 there are no people on earth that are more kind4#ih ,according to ,adair1 they are very kind and liberal to every one of their own tribe1 even to the last morsel of food they enjoy2 ,nature's school teaches them the plain easy rule1 'do to others1 as you would be done by4'#ii ,harmon praises the generosity of the ,indians3--,they are more ready1 in proportion to their means1 to assist a neighbour who may be in want1 than the inhabitants1 generally1 of civilised countries4 ,an ,indian rarely kills an animal1 without sending a part of it to a neighbour if he has one near him4#ajj ,the ,naudowessies supply the deficiency of their friends with any superfluity of their own1 and in dangers they readily give assistance to those of their band #edb who stand in need of it1 without any expectation of return4#aja ,among the ,iroquois kindness to the orphan1 hospitality to all1 and a common brotherhood1 were among the doctrines held up for acceptance by their religious instructors2 an ,iroquois would surrender his dinner to feed the hungry1 vacate his bed to refresh the weary1 and give up his apparel to clothe the naked4#ajb ,among the ,omahas grades of merit or bravery were of two sorts3 to the first class belonged such as had given to the poor on many occasions1 and had invited guests to many feasts4 ,to the second class belonged those who1 besides having done these things many times1 had killed several of the foe1 and had brought home many horses4 ,when a person sees a poor man or woman1 they said1 he should make presents to the unfortunate being2 thus he can gain the goodwill of ,wakanda as well as that of his own people4#ajc ,the ,ahts of ,vancouver ,island succour any one in need of help1 without looking for any ulterior benefit4#ajd ,the ,aleuts were instructed to be kind to others and to refrain from selfishness2 it was the custom for the successful hunter or fisher1 particularly in times of scarcity1 to share his prize with all1 not only taking no larger share1 but often less than the others4#aje ,among the ,eskimo about ,behring ,strait1 whenever a successful trader accumulates property and food1 and is known to work solely for his own welfare1 he becomes an object of enmity and hatred among his fellow-villagers1 which ends in one of two ways--the villagers may compel him to make a feast and distribute his goods1 or they may kill him and divide his property among themselves4#ajf ,according to the ,greenland creed1 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 being1 ,tornarsuk4#ajg ,the ,greenlander1 says ,dr4 ,nansen1 is the most compassionate of creatures with regard to his neighbour4 ,his first social law is to help others4#ajh ,captain ,hall holds an equally favourable opinion of those ,eskimo with whom he came in contact4 ,as between themselves1 he says1 there can be no people exceeding them in this virtue kindness of heart4 ,take1 for instance1 times of great scarcity of food4 ,if one family happens to have any provisions on #edc hand1 these are shared with all their neighbours4 ,if one man is successful in capturing a seal1 though his family may need it all to save them from the pangs of hunger1 yet the whole of his people about1 including the poor1 the widow1 the fatherless1 are at once invited to a seal-feast4#aji ,they believe that all ,innuits who have been good1 that is1 who have been kind to the poor and hungry1 will after death go to ,koodleparmiung1 or heaven1 whereas those who have been bad1 that is1 unkind to one another1 will go to ,adleparmeun1 or hell4#aaj ,many of the ,south ,american peoples are praised for their kind disposition of mind2#aaa the ,guiana ,indians seemed to a ,christian missionary to be generous to a fault4#aab ,the ,caribs had all their interests in common1 lived in great harmony1 and loved each other heartily4#aac ,footnote #ih3 ,catlin1 ,north ,american ,indians1 ii4 #bda4 ,footnote #ii3 ,adair1 ,history of the ,american ,indians1 pp4 #dca1 #dbi4 ,footnote #ajj3 ,harmon1 op4 cit4 p4 #cdi4 ,footnote #aja3 ,carver1 op4 cit4 p4 #bdg4 ,footnote #ajb3 ,morgan1 ,league of the ,iroquois1 pp4 #agb1 #cbi4 ,footnote #ajc3 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #ccc1 #bgd4 ,cf4 ,idem1 ',siouan ,sociology1' ibid4 xv4 #bcb 7,kansas74 ,footnote #ajd3 ,sproat1 op4 cit4 p4 #aff4 ,footnote #aje3 ,veniaminof1 quoted by ,petroff1 loc4 cit4 p4 #aee1 and ,dall1 ,alaska1 p4 #cib4 ,footnote #ajf3 ,nelson1 ',eskimo about ,bering ,strait1' in ,ann4 ,rep4 ,bur4 ,ethn4 xviii4 #cje4 ,footnote #ajg3 ,rink1 ,greenland1 p4 #ada4 ,footnote #ajh3 ,nansen1 ,first ,crossing of ,greenland1 ii4 #cjd4 ,cf4 ibid4 ii4 #ccd2 ,nansen1 ,eskimo ,life1 pp4 #aaf1 #agg2 ,egede1 op4 cit4 pp4 #abc1 #abf sq4 ,footnote #aji3 ,hall1 ,arctic ,researches1 p4 #efg4 ,footnote #aaj3 ,ibid4 p4 #ega sq4 ,footnote #aaa3 von ,martius1 ,beitrge zur ,ethnographie ,amerika's1 i4 #bag1 #fda 7,guarayos1 ,macusis74 ,musters1 op4 cit4 p4 #aie 7,patagonians74 ,footnote #aab3 ,brett1 ,indian ,tribes of ,guiana1 p4 #bgf4 ,footnote #aac3 de ,poircy-,rochefort1 ,histoire naturelle et morale des ,iles ,antilles1 p4 #dfj4 ,among the ,tonga ,islanders the sentiment of humanity1 or a fellow-feeling for one another1 is universally approved4 ,they are not only not selfish1 but admire liberality1 and are practically liberal4 ,when any one is about to eat1 he always shares what he has with those about him without any hesitation1 and not to do so would be considered exceedingly vile and selfish4 ,so1 also1 if one chief sees something in the possession of another1 which he has a strong desire to have1 he has only to ask him for it1 and in all probability it is readily and liberally given4#aad ,not even the ,fijians1 who took great pains to instil into the minds of their youth a contempt for compassionate impulses and an admiration for relentless cruelty1#aae were destitute of humanity and friendly feelings4#aaf ,in ,aneiteum1 of the ,new ,hebrides1 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 food1 and that the virtue which received the highest reward was a generous hospitality and a giving liberally at feasts4#aag ,in ,tana1 another island belonging to the same group1 one man has only to ask anything from his neighbours1 and he gets it4#aah ,of the ,new ,caledonians ,mr4 ,atkinson states that1 among themselves1 they are of a generosity that seems to arise mainly from aversion to refuse any request4#aai ,the ,dyaks are described as hospitable1 #edd kindly1 and humane1 to a degree which well might shame ourselves2#abj whilst the practice of head-hunting is carried on by every tribe at the expense of its neighbour1 the members of each community have strong feelings of sympathy for each other4#aba ,among the ,sea ,dyaks1 says ,grassland1 if any are sick or unable to work1 the rest help2 and there seems to me a much stronger bond of union amongst them than ,i have ever seen among the labouring classes in ,england4#abb ,footnote #aad3 ,mariner1 op4 cit4 ii4 #aec1 #aed1 #afe4 ,footnote #aae3 ,erskine1 ,cruise among the ,islands of the ,western ,pacific1 p4 #bdg4 ,footnote #aaf3 ,ibid4 pp4 #bdg1 #bgc4 ,williams and ,calvert1 op4 cit4 pp4 #ic1 #aae sq4 ,seemann1 ,viti1 p4 #aib4 ,footnote #aag3 ,inglis1 ,in the ,new ,hebrides1 p4 #ca4 ,footnote #aah3 ,campbell1 ,a ,year in the ,new ,hebrides1 p4 #afi4 ,footnote #aai3 ,atkinson1 in ,folk-,lore1 xiv4 #bdh4 ,footnote #abj3 ,boyle1 ,adventures among the ,dyaks of ,borneo1 p4 #bae4 ,footnote #aba3 ,bock1 ,head-,hunters of ,borneo1 p4 #baj sq4 ,brooke1 ,ten ,years in ,sarwak1 i4 #eg4 ,footnote #abb3 ,crossland1 quoted by ,ling ,roth1 ,natives of ,sarawak1 i4 #he4 ,the ,santals are gentle and very obliging1 and sociable to a fault among their own people4#abc ,the ,hos are charitable to those deserving aid4#abd ,the ,todas believe that1 after death1 the souls of good people will have enjoyment in heaven1 whilst the souls of bad people will suffer punishment2 a good man is1 in the ,toda estimation1 one who is given to deeds of charity1 and a bad man one who is uncharitable 7this in order of precedence71 quarrelsome1 thieving1 c4#abe ,mr4 ,batchelor states that a more kind1 gentle1 and sympathetic people than the ,ainos of ,japan would be very difficult to find2 anything given to them they always divide with their friends4#abf ,the ,samoyedes are ready to share their last morsel with their companions2 and it is said that nobody can surpass the poor ,ostyak in benevolence and other virtues of the heart4#abg ,the finest trait in the character of a ,bedouin 7next to good faith71 ,burckhardt observes1 is his kindness1 benevolence1 and charity4 4 4 4 ,among themselves1 the ,bedouins constitute a nation of brothers2 often quarrelling1 it must be owned1 with each other1 but ever ready1 when at peace1 to give mutual assistance4#abh ,generosity is a virtue which always commands particular respect in the desert4#abi ,the ,arabs of the ,soudan have a saying that you must always put other people's things on your head1 and your own under your arm4 ,then1 if there be danger of the things falling off your head1 you must raise your arm1 and let fall your own things to save those of others4#acj ,footnote #abc3 ,man1 ,sonthalia1 p4 #ai sq4 ,hunter1 ,annals of ,rural ,bengal1 i4 #bae4 ,footnote #abd3 ,tickell1 ',memoir on the ,hodsum1' in ,jour4 ,asiatic ,soc4 ,bengal1 ix4 7pt4 ii47 #hjg4 ,footnote #abe3 ,thurston1 ',todas of the ,nilgiris1' in the ,madras ,government ,museum's ,bulletin1 i4 #aff sq4 ,footnote #abf3 ,batchelor1 ,ainu of ,japan1 p4 #ai4 ,holland1 ',ainos1' in ,jour4 ,anthr4 ,inst4 iii4 #bce4 ,footnote #abg3 ,castrn1 op4 cit4 i4 #bch2 ii4 #ee4 ,footnote #abh3 ,burckhardt1 ,notes on the ,bedouins and ,wahbys1 p4 #bjh4 ,footnote #abi3 ,wallin1 ,reseanteckningar frn ,orienten1 iii4 #bdd4 ,blunt1 ,bedouin ,tribes of the ,euphrates1 ii4 #bbd4 ,footnote #acj3 ,richardson1 ,mission to ,central ,africa1 i4 #aag4 #ede ,the ,barea are a benevolent people1 kind even to strangers4#aca ,the ,manganja1 in the neighbourhood of ,lake ,nyassa1 are generous in the distribution of food1 and even when starving they share the last morsel with their friends4#acb ,sir ,h4 ,johnston says that he has never met with a more kindly1 sensible1 considerate set of beings than the ,wa-taveita4#acc ,the ,eastern ,central ,africans1 the ,rev4 ,d4 ,macdonald observes1 are not mere animals composed of greed and selfishness4 ,they often shew great bravery and devotedness4 ,i can point to one man who saved my life on three separate occasions at the risk of his own4#acd ,among the ,bechuanas a regard for the poor1 for widows1 and for orphans1 is everywhere considered to be a sacred duty4#ace ,among all the virtues the ,basutos appreciate none more than kindness4 ,they have a saying that one link only sounds because of another--which implies that we cannot do without the help of our fellow-creatures1--and another saying that one does not skin one's game without showing it to one's friends--that is1 when we have been successful in our undertakings1 it becomes us to be generous4 ,if any food is brought to them while they are in each other's society1 however small may be the quantity1 every one must have a taste4#acf ,the ,kafirs are a kindly race2 ,lichtenstein says that whenever anyone kills an ox he must invite all his neighbours to partake of it1 and they remain his guests till the whole is eaten4#acg ,of the ,hottentots ,kolben states3--,they are certainly the most friendly1 the most liberal1 and the most benevolent people to one another that ever appear'd upon earth 4 4 4 4 ,they are charmed with opportunities of obliging each other1 and one of their greatest pleasures lies in interchanging gifts and good offices4#ach ,a ,hottentot1 says ,barrow1 would share his last morsel with his companions4#aci ,drury wrote of the people of ,madagascar3--,they certainly treat one another with more humanity than we do4 ,here is no one miserable1 if it is in the power of his neighbours to help him4 ,here is love1 tenderness1 and generosity which might #edf shame us2 and 4 4 4 4 this is 4 4 4 4 all over the island4#adj ,ellis likewise observes that1 in ,madagascar1 assisting in distress1 and lending and borrowing property and money1 are carried on much more commonly and freely than amongst neighbours or relatives in ,england1 and that a kindness of heart in these things is always esteemed excellent4#ada ,footnote #aca3 ,munzinger1 ,ostafrikanische ,studien1 p4 #ecd4 ,footnote #acb3 ,rowley1 ,africa ,unveiled1 p4 #dg4 ,footnote #acc3 ,johnston1 ,kilima-njaro ,expedition1 p4 #dcf4 ,footnote #acd3 ,macdonald1 ,africana1 i4 #bgj1 #bff4 ,footnote #ace3 ,arbousset and ,daumas1 ,exploratory ,tour to the ,north-,east of the ,colony of the ,cape of ,good ,hope1 p4 #djb4 ,footnote #acf3 ,casalis1 ,basutos1 pp4 #bjf1 #bjg1 #cja1 #cjf1 #cji sqq4 ,footnote #acg3 ,leslie1 ,among the ,zulus and ,amatongas1 p4 #bjc4 ,lichtenstein1 ,travels in ,southern ,africa1 i4 #bgb4 ,footnote #ach3 ,kolben1 ,present ,state of the ,cape of ,good ,hope1 i4 #ccd sq4 ,cf4 ibid4 i4 #afg4 ,footnote #aci3 ,barrow1 ,travels into the ,interior of ,southern ,africa1 i4 #aea4 ,footnote #adj3 ,drury1 ,adventures during ,fifteen ,years' ,captivity on the ,island of ,madagascar1 p4 #agb sq4 ,footnote #ada3 ,ellis1 ,history of ,madagascar1 i4 #aci4 ,for other ,african instances1 see ,mungo ,park1 ,travels in the ,interior of ,africa1 p4 #ag 7,mandingoes72 ,burton1 ,abeokuta1 i4 #cjc 7,yoruba72 ,idem1 ,two ,trips to ,gorilla ,land1 i4 #ajf 7,mpongwe72 ,monrad1 ,guinea-,kysten og dens ,indbyggere1 p4 #g2 ,johnston1 ,river ,congo1 p4 #dbc 7races of the ,upper ,congo72 ,wilson and ,felkin1 op4 cit4 i4 #bbe 7,waganda74 ,among many savages the old people1 in particular1 have a claim to support and assistance1 not only from their own children or relatives1 but from the younger members of the community generally4 ,among the ,australian natives the old men get the best and largest share of everything1 and are allowed to monopolise the youngest and best-looking women1 whilst a young man must consider himself fortunate if he can get an old woman for wife4#adb ,among the ,tonga ,islanders every aged man and woman enjoys the attentions and services of the younger branches of society4#adc ,in the ,kingsmill ,islands generosity1 hospitality1 and attention to the aged and infirm are virtues highly esteemed and generally practised among all the natives4#add ,among the ,kafirs1 when persons advanced in years become sick and helpless1 everyone is eager to afford them assistance4#ade ,in the opinion of the ,aleuts1 feeble old men must be respected and attended when they need aid1 and the young and strong should give them a share of their booty and help them through all their troubles1 endeavouring to obtain in exchange their good advice only4#adf ,footnote #adb3 ,eyre1 op4 cit4 ii4 #che sq4 ,mathew1 in ,jour4 ,proceed4 ,roy4 ,soc4 ,n4,s4 ,wales1 xxiii4 #djg4 ,lumholtz1 ,among ,cannibals1 p4 #afc4 ,cf4 ,grey1 ,journals of ,two ,expeditions of ,discovery in ,north-,west and ,western ,australia1 ii4 #bdh2 ,brough ,smyth1 op4 cit4 i4 #ach2 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #ea4 ,footnote #adc3 ,mariner1 op4 cit4 ii4 #aee4 ,footnote #add3 ,hale1 ,u4,s4 ,exploring ,expedition4 ,vol4 ,,vi4 ,ethnography and ,philology1 p4 #ie4 ,footnote #ade3 ,lichtenstein1 op4 cit4 i4 #bfe4 ,footnote #adf3 ,veniaminof1 quoted by ,petroff1 loc4 cit4 p4 #aee4 ,the sick1 also1 are often very carefully attended to4 ,among the coast tribes of ,british ,columbia ,mr4 ,duncan always found one or two nurses to an invalid1 if the case was #edg at all bad2 the sympathy of the nurses1 too1 seemed very great4#adg ,beechey says of the wild ,indians of ,upper ,california3--,the very great care taken of all those who are affected with any disease ought not to be allowed to escape a remark4 ,when any of their relations are indisposed1 the greatest attention is paid to their wants4#adh ,keating noticed the kind and humane treatment which the ,potawatomis extended even to the idiots4#adi ,the ,koriaks carefully attend those who are sick4#aej ,the same is said of the ,ainos of ,japan1#aea and the ,tagbanuas of the ,philippine ,islands4#aeb ,in ,sarawak no relative is abandoned because an injury or illness may have incapacitated him for work4#aec ,when a ,dyak is ill at home1 the women nurse the patient in turn4#aed ,in ,samoa the treatment of the sick was invariably humane4#aee ,in ,tana1#aef ,humphrey's ,island1#aeg ,erromanga1#aeh and ,tasmania1#aei they were likewise kindly attended to2 and the same is the case at least among many of the ,australian tribes4#afj ,concerning the aborigines of ,herbert ,river1 in ,northern ,queensland1 ,lumholtz writes3--,the natives are very kind and sympathetic towards those who are ill1 and they carry them from camp to camp4 ,this is the only noble trait ,i discovered in the ,australian natives4#afa ,in various parts of ,australia the blind1 and especially the aged blind1 are carefully tended2 travellers on the northern coast of the continent have noticed that these are generally the fattest of the company1 being supplied with the best of everything4#afb ,no trait in the character of the ,malagasy1 says ,ellis1 is more creditable to their humanity1 and more gratifying to our benevolent feelings1 than the kind1 patient1 and affectionate manner in which they attend upon the sick4#afc ,a similar praise is bestowed upon the #edh ,mandingoes#afd and ,kafirs4#afe ,among the ,zulus1 says ,mr4 ,j4 ,tyler1 work1 however important1 is at once suspended that they may help their afflicted friends4#aff ,footnote #adg3 ,duncan1 quoted by ,mayne1 ,four ,years in ,british ,columbia1 p4 #bib sq4 ,footnote #adh3 ,beechey1 op4 cit4 ii4 #djb4 ,footnote #adi3 ,keating1 ,expedition to the ,source of ,st4 ,peter's ,river1 i4 #ajj4 ,footnote #aej3 ,krasheninnikoff1 op4 cit4 p4 #bcc4 ,footnote #aea3 von ,siebold1 ,die ,aino auf der ,insel ,yesso1 p4 #aa4 ,footnote #aeb3 ,worcester1 ,philippine ,islands1 p4 #did4 ,footnote #aec3 ,st4 ,john1 ,life in the ,forests of the ,far ,east1 ii4 #cbc4 ,footnote #aed3 ,bock1 ,head-,hunters of ,borneo1 p4 #baa4 ,footnote #aee3 ,turner1 ,samoa1 p4 #ada4 ,cf4 ,pritchard1 ,polynesian ,reminiscences1 p4 #adf4 ,footnote #aef3 ,turner1 ,samoa1 p4 #cbc4 ,footnote #aeg3 ,ibid4 p4 #bgf4 ,footnote #aeh3 ,robertson1 ,erromanga1 p4 #cii4 ,footnote #aei3 ,ling ,roth1 ,aborigines of ,tasmania1 p4 #dg4 ,bonwick1 ,daily ,life and ,origin of the ,tasmanians1 p4 #aj4 ,footnote #afj3 ,brough ,smyth1 op4 cit4 ii4 #bhd 7,west ,australian natives74 ,schuermann1 ',aboriginal ,tribes of ,port ,lincoln1' in ,woods1 ,native ,tribes of ,south ,australia1 p4 #bbe4 ,footnote #afa3 ,lumholtz1 ,among ,cannibals1 p4 #ahc4 ,footnote #afb3 ,ridley1 ,kmilari1 p4 #afi4 ,eyre1 op4 cit4 ii4 #chb ,barrington1 ,history of ,new ,south ,wales1 p4 #bc4 ,stirling1 op4 cit4 p4 #cf4 ,footnote #afc3 ,ellis1 ,history of ,madagascar1 i4 #bca sq4 ,footnote #afd3 ,cailli1 op4 cit4 i4 #ced4 ,footnote #afe3 ,lichtenstein1 op4 cit4 i4 #bff4 ,footnote #aff3 ,tyler1 ,forty ,years among the ,zulus1 p4 #aie4 ,whilst the information which ,i have been able to gather on the social customs of uncivilised races seems to indicate that1 in the majority of cases1 mutual kindness and goodwill prevail within their communities1 there are not wanting statements of a different character4 ,but these statements are1 after all1 exceptional1 and some of them are either ambiguous or obviously inexact4 ,only too often travellers represent to us the savage1 not as he is in his daily life amidst his own people1 but as he behaves towards his enemy1 or towards a stranger who enters his country uninvited4 ,as an experienced observer remarks1 the savage1 passionate and furious with the feeling of revenge1 slaughtering and devouring his enemy and drinking his blood1 is no longer the same being as when cultivating his fields in peace2 and it would be as unjust to estimate his general character by his actions in these moments of unrestrained passion1 as to judge of ,europeans by the excesses of an excited soldiery or an infuriated mob4#afg ,moreover1 many accounts of savages date from a period when they have already been affected by contact with a higher culture1 as we call it1 a culture which almost universally has proved to exercise a deteriorating influence on the character of the lower races4 ,among the ,north ,american ,indians1 for instance1 there was more good-will1 hospitality1 and charity1 practised towards one another before white people came and resided among them2#afh whereas contact with civilisation has made them false1 suspicious1 avaricious and hard-hearted4#afi ,as has been truly said1 search modern history1 and in the ,north #edi and ,south and ,east and ,west the story is ever the same--we come1 we civilise1 and we corrupt or exterminate4#agj ,footnote #afg3 ,dieffenbach1 ,travels in ,new ,zealand1 ii4 #acj sq4 ,footnote #afh3 ,warren1 in ,schoolcraft1 ,indian ,tribes of the ,united ,states1 ii4 #aci4 ,footnote #afi3 ,domenech1 ,seven ,years' ,residence in the ,great ,deserts of ,north ,america1 ii4 #fi4 ,footnote #agj3 ,boyle1 op4 cit4 p4 #ajh4 ,among the semi-civilised and civilised nations charity has universally been regarded as a duty1 and has often been strenuously enjoined by their religions4 ,when ,spain and ,peru first came into contact1 the ,americans surpassed the ,spaniards in brotherly love and systematic care for the needy4 ,they had a poor-law according to which the blind1 lame1 aged1 and infirm1 who could not till their own lands so as to clothe and feed themselves1 should receive sustenance from the public stores4#aga ,the ancient ,mexicans1 according to ,clavigero1 seemed to give without reluctance what had cost them the utmost labour to acquire4#agb ,the great virtue of the ,coreans is their innate respect for and daily practice of the laws of human brotherhood4 ,mutual assistance and generous hospitality among themselves are distinctive national traits4#agc ,according to ,chinese law1 all poor destitute widowers and widows1 the fatherless and childless1 the helpless and the infirm1 shall receive sufficient maintenance and protection from the magistrates of their native city or district1 whenever they have neither relations nor connections upon whom they can depend for support4#agd ,benevolence1 said ,confucius1 is more to man than either water or fire4#age ,to assist the needy1 to feed the hungry1 to clothe the naked1 to succour the sick1 to save men in danger--these and similar acts of kindness are1 according to ,chinese beliefs1 merits which will be rewarded by the unseen powers that watch human conduct1 whereas the uncharitable and parsimonious are threatened with divine punishments4#agf ,in a book of ,buddhistic-,confucian flavour1 #eej as familiar to the youth of ,japan as the ,sermon on the ,mount is to us1 it is said1 ,above all things1 men must practise charity2 it is by almsgiving that wisdom is fed4#agg ,according to the ,dhammapada1 the uncharitable do not go to the world of the gods2 fools only do not praise liberality2 a wise man rejoices in liberality1 and through it becomes blessed in the other world4#agh ,indeed1 in the didactic poetry of ,buddhism the virtue of beneficence occupies the most prominent place2 without any regard to what is the measure of the real benefit thereby extended to the recipient of the gift1 the legends set before us as a duty the most unbounded generosity1 pushed even to the extreme of self-destruction4#agi ,and in its conception of charity and liberality1 as in all other points of worldly morality1 ,buddhism does not differ from the standard recognised in ,india since ancient times4#ahj ,already in the ,vedic hymns praise is bestowed on those who from their abundance willingly dispense to the needy1 on those who do not turn away from the hungry1 on those who are kind to the poor4#aha ,in the ,hitopadesa it is said that the good man shows pity even to the worthless1 as the moon does not withdraw its light even from a member of the lowest caste4#ahb ,the sacred law-books of ,india are full of prescriptions enjoining almsgiving as a duty on all twice-born men4#ahc ,a householder must give as much food as he is able to spare to those who do not cook for themselves1 and to all beings one must distribute food without detriment to one's own interest4#ahd ,the student should always without sloth give alms out of whatever he has for food4#ahe ,the ,brhmana who has completed his studentship should without tiring perform works of #eea charity with faith4#ahf ,almsgiving confers merit on the giver1 it frees him from guilt1 it destroys sin2#ahg for whatever purpose a man bestows any gift1 for that purpose he receives in his next birth with due honour its reward4#ahh ,on the other hand1 he who cooks for himself alone eats nothing but sin4#ahi ,speaking of the modern ,hindus1 ,mr4 ,wilkins observes3--,the charity of the ,hindus is great4 4 4 4 ,there is no poor-law in ,india1 no guardians of the poor1 no workhouses1 excepting for the ,europeans in the ,presidency towns4 ,the poor of a family1 the halt1 the lame1 the blind1 the weak1 the insane1 are provided for by their family1 if it is at all able to do it2 in cases where there are few or no relatives1 then the burden is taken up by others4 ,it is a 'work of merit4'#aij ,footnote #aga3 ,garcilasso de fa ,vega1 ,first ,part of the ,royal ,commentaries of the ,yncas1 ii4 #cd4 ,footnote #agb3 ,clavigero1 ,history of ,mexico1 i4 #ha4 ,footnote #agc3 ,griffis1 ,corea1 p4 #bhh4 ,footnote #agd3 ,ta ,tsing ,leu ,lee1 sec4 lxxxix4 p4 #ic4 ,on the charitable institutions of the ,chinese1 see ,staunton1 ibid4 p4 #ic n4 992 ,smith1 ,chinese ,characteristics1 p4 #ahf sq4 ,footnote #age3 ,douglas1 ,confucianism and ,taouism1 p4 #aji4 ,footnote #agf3 ',merits and ,errors ,scrutinized1' in ,indo-,chinese ,gleaner1 iii4 #aei1 #afa sqq4 ,thi ,shang1 #c4 ',divine ,panorama1' in ,giles1 ,strange ,stories from a ,chinese ,studio1 ii4 #cgj1 #cga1 #cgd1 #cgi4 ,douglas1 ,confucianism and ,taouism1 pp4 #bei1 #bgb sq4 ,davis1 ,china1 ii4 #dh4 ,edkins1 ,religion in ,china1 p4 #hi sq4 ,footnote #agg3 ,chamberlain1 ,things ,japanese1 p4 #cji4 ,footnote #agh3 ,dhammapada1 #agg4 ,footnote #agi3 ,oldenberg1 ,buddha1 p4 #cja4 ,footnote #ahj3 ,cf4 ,kern1 ,manual of ,indian ,buddhism1 p4 #gb4 ,footnote #aha3 ,rig-,veda1 x4 #aag4 ,kaegi1 ,rigveda1 p4 #ah4 ,footnote #ahb3 ,hitopadesa1 ,mitralbh1 #fc4 ,footnote #ahc3 ,gautama1 v4 #ba2 x4 #a sq4 ,institutes of ,vishnu1 lix4 #bh4 ,baudhyana1 ii4 #g4 #ac4 #e4 ,laws of ,manu1 ix4 #ccc2 x4 #ge1 #gi2 xi4 #a sqq4 ,footnote #ahd3 ,laws of ,manu1 iv4 #cb4 ,footnote #ahe3 ,anugt1 #ca4 ,footnote #ahf3 ,laws of ,manu1 iv4 #bbf4 ,cf4 ibid4 iv4 #bbg4 ,footnote #ahg3 ,institutes of ,vishnu1 lix4 #ae1 #cj2 ch4 xc4 sqq4 ,gautama1 xix4 #aa1 #af4 ,vasishtha1 xx4 #dg2 xxii4 #h4 ,laws of ,manu1 iii4 #ie2 iv4 #bbi sqq42 xi4 #bbh4 ,footnote #ahh3 ,laws of ,manu1 iv4 #bcd4 ,footnote #ahi3 ,institutes of ,vishnu1 lxvii4 #dc4 ,laws of ,manu1 iii4 #aah4 ,cf4 ,rig-,veda1 x4 #aag4 #f4 ,footnote #aij3 ,wilkins1 ,modern ,hinduism1 p4 #daf sq4 ,of the ancient ,persians ,thucydides said that they preferred giving to receiving4#aia ,to be charitable towards the poor of their own faith was among them a religious duty of the first order4#aib ,zoroaster thus addressed ,vshtspa3--,let no thought of ,angra ,mainyu ever infect thee1 so that thou shouldst indulge in evil lusts1 make derision and idolatry1 and shut to the poor the door of thy house4#aic ,the holy ,sraosha is the protector of the poor4#aid ,in the ,shyast it is said that the clothing of the soul in the next world is formed out of almsgiving4#aie ,footnote #aia3 ,thucydides1 ii4 #ig4 #d4 ,footnote #aib3 ,see ,geiger1 ,civilization of the ,eastern ,iranians1 i4 #afd sqq42 ,mills1 in ,sacred ,books of the ,east1 xxxi4 p4 xxii4 ,footnote #aic3 ,yasts1 xxiv4 #cg4 ,footnote #aid3 ,ibid4 xi4 #c4 ,footnote #aie3 ,shyast ,l-,shyast1 xii4 #d4 ,cf4 ,bundahis1 xxx4 #bh4 ,it seems that among the ancient ,egyptians charity was considered no less meritorious4#aif ,the god1 ,m4 ,maspero observes1 does not confine his favour to the prosperous and the powerful of this world2 he bestows it also upon #eeb the poor4 ,his will is that they be fed and clothed1 and exempted from tasks beyond their strength2 that they be not oppressed1 and that unnecessary tears be spared them4#aig ,in the memorial inscriptions1 where the dead plead their good deeds1 charity is often referred to4 ,i harmed not a child1 says one ,egyptian1 ,i injured not a widow2 there was neither beggar nor needy in my time2 none were hungered1 widows were cared for as though their husbands were still alive4#aih ,in the inscription in honour of a lady who had been charitable to persons of her own sex1 whether girls1 wives1 or widows1 it is said1 ,the god rewarded me for this1 rejoicing me with the happiness which he has granted me for walking after his way4#aii ,footnote #aif3 ,brugsch1 ,history of ,egypt under the ,pharaohs1 i4 #bi sq4 ,tiele1 ,history of the ,egyptian ,religion1 p4 #bbf sq4 ,renouf1 ,hibbert ,lectures on the ,religion of ,egypt1 p4 #gb sqq4 ,amlineau1 ,l'volution des ides morales dans l'gypt ,ancienne1 pp4 #ade1 #ced4 ,footnote #aig3 ,maspero1 ,dawn of ,civilization1 p4 #aia4 ,cf4 ,schiapparelli1 ,del sentimento religioso degli antichi egiziani1 p4 #ah2 ,amlineau1 op4 cit4 p4 #bfh4 ,footnote #aih3 ,wiedemann1 ,religion of the ,ancient ,egyptians1 p4 #bec4 ,footnote #aii3 ,renouf1 op4 cit4 p4 #ge4 ,charity was urgently insisted upon by the religious law of the ,hebrews4#bjj ,thou shalt open thine hand wide unto thy brother1 to thy poor1 and to thy needy1 in thy land2 for this thing the ,lord thy ,god shall bless thee in all thy works1 and in all that thou puttest thine hand unto4#bja ,even if thine enemy be hungry1 give him bread to eat2 and if he be thirsty1 give him water to drink3 4 4 4 the ,lord shall reward thee4#bjb ,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 general1 came to be used for almsgiving in particular4#bjc ,shut up alms in thy storehouses3 and it shall deliver thee from all affliction4#bjd ,as water will quench a flaming fire1 so alms maketh an atonement for sins4#bje ,for alms doth deliver from death1 and shall purge away all sin4 ,those that exercise alms and #eec righteousness shall be filled with life4#bjf ,the charitable man is rewarded with the birth of male issue4#bjg ,almsgiving is equal in value to all other commandments4#bjh ,he who averts his eyes from charity commits a sin equal to idolatry4#bji ,to such an extreme was almsgiving carried on by the ,jews1 that some ,rabbis at length decreed that no man should give above a fifth part of his goods in charity4#baj ,footnote #bjj3 ,deuteronomy1 xiv4 #bi2 xv4 #g sqq42 xvi4 #aa1 #ad4 ,leviticus1 xix4 #i sq42 xxv4 #ce4 ,footnote #bja3 ,deuteronomy1 xv4 #aa1 #aj4 ,footnote #bjb3 ,proverbs1 xxv4 #ba sq4 ,footnote #bjc3 ,addis1 ',alms1' in ,encyclopdia ,biblica1 i4 #aah4 ,cf4 ,montefiore1 ,hibbert ,lectures on the ,religion of the ,ancient ,hebrews1 p4 #dhd sq4 ,footnote #bjd3 ,ecclesiasticus1 xxix4 #ab4 ,footnote #bje3 ,ibid4 iii4 #cj4 ,footnote #bjf3 ,tobit1 xii4 #i4 ,cf4 ibid4 i4 #c1 #af2 ii4 #ad2 iv4 #g sqq42 xii4 #h4 ,footnote #bjg3 ,bava ,bathra1 fol4 #aj ,b1 quoted by ,hershon1 ,treasures of the ,talmud1 p4 #bd4 ,footnote #bjh3 ,rab ,assi1 quoted by ,kohler1 ',alms1' in ,jewish ,encyclopedia1 i4 #dce4 ,footnote #bji3 ,kethuboth1 fol4 #fh ,a1 quoted by ,katz1 ,der wahre ,talmudjude1 p4 #cf4 ,footnote #baj3 ,katz1 op4 cit4 p4 #db4 ,almsgiving1 prayer1 and fasting were the three cardinal disciplines which the synagogue transmitted to both the ,christian ,church and the ,muhammedan mosque4#baa ,according to ,islam1 the duty next in importance to prayer is that of giving alms4#bab ,muhammed repeatedly announces that the path which leads to ,god is the helping of the orphans and the relieving of the poor4#bac ,ye cannot attain to righteousness until ye expend in alms of what ye love4#bad ,those who expend their wealth by night and day1 secretly and openly1 they shall have their hire with their lord4#bae ,it is said that prayer carries us half-way to ,god1 fasting brings us to the door of ,his palace1 and alms procure us admission4#baf ,certain alms1 called ,zakt1 are prescribed by law2 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 possession1 provided that he has sufficient for his subsistence and has an income equivalent to about #e per annum4#bag ,other charitable gifts are voluntary1 and confer merit upon the giver4 ,footnote #baa3 ,cf4 ,tobit1 xii4 #h2 ,kohler1 in ,jewish ,encyclopedia1 i4 #dce4 ,footnote #bab3 ,see ,sale's ',preliminary ,discourse1' in ,wherry1 ,commentary on the ,qurn1 i4 #agb2 ,lane1 ,manners and ,customs of the ,modern ,egyptians1 p4 #aje4 ,footnote #bac3 ,koran1 ii4 #bfg1 #bfi1 #bge2 viii4 #db2 ix4 #fj2 xc4 #ab1 #ad sq42 xciii4 #f sqq42 c4 ,footnote #bad3 ,ibid4 iii4 #hf4 ,footnote #bae3 ,ibid4 ii4 #bge ,footnote #baf3 ,sell1 ,faith of ,islm1 p4 #bhd4 ,footnote #bag3 ,ibid4 p4 #bhc4 ,palmer1 ',introduction' to his translation of ,the ,qur'n1 i4 p4 lxxiii4 ,ameer ,ali1 ,life and ,teaching of ,mohammed1 p4 #bfh4 ,by ,christianity charity of the religious type which we #eed find in the ,east was introduced into ,europe4 ,we have certainly no reason to blame the ancient ,greeks and ,romans for neglecting their poor4 ,among them slavery in a great measure replaced pauperism2 and what slavery did for the very poor1 the ,roman system of clientage did for those of a somewhat higher rank4#bah ,moreover1 the relief of the indigent was an important function of the ,state4#bai ,the ,areopagus provided public works for the poor4#bbj ,at ,rome gratuitous distribution of corn was the rule for many centuries2#bba agrarian laws furnished free homesteads to the landless1 on conquered or public territory2#bbb since the days of ,nerva a systematic support of poor children was enjoined in all the cities of ,italy4#bbc ,a few examples of private charity1 also1 have descended to us already from early times1 such as ,epaminondas collecting dowers for poor girls1#bbd and ,cimon feeding and clothing the poor2#bbe and from the days of the ,pagan ,empire there are recorded several cases of individual beneficence4 ,charitable bequests are alluded to in the burial inscriptions2 when some great catastrophe happened1 relief was willingly given to the sufferers2 private infirmaries were established for slaves4#bbf ,the duty of charity was forcibly enjoined by some of the moralists4 ,the wise man1 says ,seneca1 will dry the tears of others1 but will not mingle his own with them2 he will stretch out his hand to the shipwrecked mariner1 will offer hospitality to the exile1 and alms to the needy4#bbg ,but his alms are not thrown away by chance2 his purse will open easily1 but never leak4 ,he will choose out the worthiest with the utmost care1 and never give without sufficient reason2 for unwise gifts must be reckoned among foolish extravagances4#bbh ,so also ,cicero1 #eee whilst styling beneficence and liberality virtues that are the most agreeable to the nature of man1 is anxious to warn his readers against imprudence in practising them1 lest our kindness should hurt both those whom it is meant to assist1 and others4#bbi ,footnote #bah3 ,see ,lecky1 ,history of ,european ,morals1 ii4 #gc4 ,footnote #bai3 ,boissier1 ,religion ,romaine1 ii4 #bjf4 ,footnote #bbj3 ,farrer1 ,paganism and ,christianity1 p4 #ahc4 ,footnote #bba3 ,naudet1 ',des secours publics chez les ,romains1' in ,mmoires de l',acadmie des inscriptions et belles-lettres1 xiii4 #dc sq4 ,footnote #bbb3 ,ibid4 p4 #ga sq4 ,footnote #bbc3 ,aurelius ,victor1 ,epitome1 xii4 #h4 ,footnote #bbd3 ,cornelius ,nepos1 ,epaminondas1 #c4 ,footnote #bbe3 ,plutarch1 ,cimon1 #aj4 ,footnote #bbf3 ,lecky1 ,history of ,european ,morals1 ii4 #gg sq4 ,boissier1 op4 cit4 ii4 #bac sq4 ,farrer1 ,paganism and ,christianity1 p4 #ahb4 ,footnote #bbg3 ,seneca1 ,de clementia1 ii4 #f4 ,footnote #bbh3 ,idem1 ,de vita beata1 #bc sq4 ,footnote #bbi3 ,cicero1 ,de officiis1 i4 #ad sq4 ,in a very different light was charity viewed by the ,christians4 ,unlimited open-handedness became a cardinal virtue4 ,an ideal ,christian was he who did what ,jesus commanded the young man to do3 who went and sold what he had and gave it to the poor4#bcj ,promiscuous almsgiving was enjoined as a duty3--,give to him that asketh thee1 and from him that would borrow of thee turn not thou away4#bca ,the discharge of this duty was even more profitable to the giver than to the receiver4 ,there is perhaps no precept in the ,gospel to which a promise of recompense is so frequently annexed as to that concerning charity4 ,eternal life is promised to those who feed the hungry1 give drink to the thirsty1 take in the stranger1 clothe the naked1 visit the sick4#bcb ,charity was regarded as an atonement4 ,god1 says ,st4 ,augustine1 is to be propitiated through alms for sins past2#bcc and countless times is the thought expressed1 that almsgiving is a safe investment of money at good interest with ,god in heaven4#bcd ,cyprian1 who is the father of the ,romish doctrine of good works1 establishes an arithmetical relation between the number of alms-offerings and the blotting out of sins4#bce ,the food of the needy1 says ,leo the ,great1 is the purchase-money of the kingdom of heaven4#bcf ,as long as the market lasts1 says ,st4 ,chrysostom1 let us buy alms1 or rather let us purchase salvation through alms4#bcg ,the rich man is only a debtor2 all that he possesses beyond #eef what is necessary1 belongs to the poor1 and ought to be given away4#bch ,the poor1 no longer looked down upon1 became instruments of salvation4 ,to them was given the first place in the ,church and in the ,christian community4 ,st4 ,chrysostom says of them1 ,as fountains flow near the place of prayer that the hands that are about to be raised to heaven may be washed1 so were the poor placed by our fathers near to the door of the ,church1 that our hands might be consecrated by benevolence before they are raised to ,god4#bci ,gregory the ,great announces1 and the ,middle ,ages re-echo1 ,the poor are not to be lightly esteemed and despised1 but to be honoured as patrons4#bdj ,thus it happened that even in the darkest periods1 when all other ,christian virtues were nearly extinct1 charity survived unimpaired4#bda ,later on ,protestantism1 by denying the atoning effect of good deeds1 deprived charity of a great deal of its religious attraction4 ,and in modern times the enlightened opinion on the subject1 recognising the demoralising influence of indiscriminate almsgiving1 rather agrees with the principles laid down by ,cicero and ,seneca1 than with the literal interpretation of the injunctions of ,christ4 ,footnote #bcj3 ,cf4 ,acts1 ii4 #de4 ,footnote #bca3 ,st4 ,matthew1 v4 #db4 ,cf4 ,st4 ,luke1 vi4 #cj4 ,footnote #bcb3 ,st4 ,matthew1 xxv4 #cd sqq4 ,footnote #bcc3 ,st4 ,augustine1 ,enchiridion1 #gj 7,migne1 ,patrologi cursus1 xl4 #bfe74 ,footnote #bcd3 ,see ,uhlhorn1 ,die christliche ,liebesthtigkeit1 i4 #bgj4 ,footnote #bce3 ,cyprian1 ,de opere et eleemosynis1 #bd 7,migne1 op4 cit4 iv4 #fbj74 ,cf4 ,harnack1 ,history of ,dogma1 ii4 #acd1 n4 #b4 ,footnote #bcf3 ,leo ,magnus1 ,sermo ,x41 de ,collectis1 #e 7,migne1 op4 cit4 liv4 #afe sq474 ,footnote #bcg3 ,st4 ,chrysostom1 ,homilia ,,vii41 de ,poenitentia 7,migne1 op4 cit4 ,ser4 ,graeca1 xlix4 sq4 #ccc74 ,footnote #bch3 ,uhlhorn1 op4 cit4 p4 #bid sq4 ,footnote #bci3 ,st4 ,chrysostom1 ,de verbis ,apostoli1 ,habentes eumdem spiritum1 iii4 #aa 7,migne1 op4 cit4 ,ser4 ,graeca1 li4 sq4 #cjj74 ,footnote #bdj3 ,quoted by ,uhlhorn1 op4 cit4 i4 #cae4 ,footnote #bda3 ,cf4 ,milman1 ,history of ,latin ,christianity1 ix4 #cc sq4 ,in the course of progressing civilisation the obligation of assisting the needy has been extended to wider and wider circles of men4 ,the charity and generosity which savages require as a duty or praise as a virtue have1 broadly speaking1 reference only to members of the same community or tribe4 ,kindness towards foreigners is looked upon in a very different light4 ,the virtues of the ,negroes1 ,monrad observes1 are entirely restricted to their own tribe4 ,the doing good to a stranger they would generally find ridiculous4#bdb ,to the ,greenlander a foreigner1 especially if he be of another race1 is an indifferent object1 whose welfare he has no interest in furthering4#bdc #eeg ,the ,bedouin1 says ,doughty1 has two faces1 this of gentle kindness at home1 the other of wild misanthropy and his teeth set against the world besides4#bdd ,at higher stages of civilisation the duty of charity embraces a wider group of people1 in proportion to the largeness of the social unit or to the scope of the religion by which it is enjoined4 ,but it is still more or less restrained by national or religious boundaries4 ,m4 ,amlineau observes that the charity referred to on ancient ,egyptian papyri is la charit limite ceux de la mme nation4#bde ,according to ,zoroastrianism1 charity should be restricted to the followers of the true religion2 to succour an unbeliever would be like a strengthening of the dominion of ,evil4#bdf ,the ,zakt1 or legal alms of the ,muhammedans1 must not be given to a non-,muslim1 because it is regarded as a fundamental part of worship2#bdg similarly the ,s4adaqah1 or offering on the feast-day known as 7,idu'l-,fit4r1 is confined to true believers4#bdh ,nor has ,christian charity always been free from religious narrowness4 ,fleury says that the early ,christians1 in the care they took of the poor1 always preferred ,christians before infidels1 because their principal regard was to their spiritual concerns1 and to their temporal welfare only in order to their spiritual4#bdi ,the principle of the ,church was1 ,omnem hominem fidelem judica tuum esse fratrem4#bej ,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 orthodox4#bea ,on the other hand1 ,christianity of a higher type preaches charity towards all men2 and so does advanced ,judaism and ,buddhism4 ,it is said in the ,talmud1 with reference to the treatment of the poor1 that no distinction should be made between such as are ,jews and such as are not4#beb ,in modern times charity now and then #eeh steps over the barriers of nationality even when the sufferers belong to distant nations4 ,whilst our indigent compatriots are generally recognised to have a greater claim on our pity than needy strangers1 a great calamity in one country readily calls forth a charitable response in other nations4 ,mr4 ,pike believes that the contribution of one hundred thousand pounds sterling which ,england1 in the year #agee1 when ,lisbon was laid in ruins by an earthquake1 sent for the relief of the sufferers1 inaugurated this new era of international charitableness4 ,compassion4 he observes1 was at last shown by ,englishmen1 not simply for ,englishmen and ,protestants1 but for foreigners professing a different religion2 pity1 for once1 triumphed over intolerance and national prejudice4#bec ,and in war1 in the case of enemies rendered harmless by wounds or disease1 the growth of human feeling has passed beyond the simple requirement that they shall not be killed or ill-used1 and has cast upon belligerents the duty of tending them so far as is consistent with the primary duty to their own wounded4#bed ,however1 it must not be imagined that this humane principle1 which has only lately been recognised in ,europe1 is a unique outcome of ,christian civilisation at its height4 ,it is said in the ,mahabharata that1 when a quarrel arises among good men1 a wounded enemy is to be cured in the conqueror's own country1 or to be conveyed to his home4#bee ,strangely enough1 even from the savage world we hear of something like an anticipation of the ,geneva ,convention4 ,among certain tribes in ,new ,south ,wales1 as soon as the fight is concluded1 both parties seem perfectly reconciled1 and jointly assist in tending the wounded men4#bef ,footnote #bdb3 ,monrad1 op4 cit4 p4 #d4 ,footnote #bdc3 ,nansen1 ,eskimo ,life1 p4 #aei4 ,footnote #bdd3 ,doughty1 ,arabia ,deserta1 i4 #cfh sq4 ,footnote #bde3 ,amlineau1 op4 cit4 p4 #ced4 ,footnote #bdf3 ,geiger1 op4 cit4 i4 #afe4 ,footnote #bdg3 ,sell1 op4 cit4 p4 #bhd4 ,cf4 ,koran1 ix4 #fj4 ,footnote #bdh3 ,sell1 op4 cit4 p4 #cah4 ,footnote #bdi3 ,fleury1 ,manners and ,behaviour of the ,christians1 p4 #acc sq4 ,footnote #bej3 ,laurent1 tudes sur l'histoire del',humanit1 iv4 #id4 ,footnote #bea3 ,buckle1 ,history of ,civilization in ,england1 iii4 #bgg4 ,footnote #beb3 ,gitin1 fol4 #fa ,a1 quoted by ,katz1 ,der wahre ,talmudjude1 p4 #ch4 ,cf4 ,chaikin1 ,apologie des ,juifs1 p4 #aj4 ,footnote #bec3 ,pike1 ,history of ,crime in ,england1 ii4 #cdf4 ,footnote #bed3 ',convention signed at ,geneva1 ,august #bb1 #ahfd1 for the ,amelioration of the ,condition of the ,wounded in ,armies in the ,field1' in ,lorimer1 ,institutes of the ,law of ,nations1 ii4 ,appendix no4 vi4 ,hall1 ,treatise on ,international 9999,law1 p4 #cii4 ,heffter1 ,das ,europische ,vlkerrecht der ,gegenwart1 #abf1 p4 #bfg1 n4 #e4 ,footnote #bee3 ,mahabharata1 xii4 #cedg1 quoted by ,lorimer1 op4 cit4 ii4 #dca4 ,footnote #bef3 ,brough ,smyth1 op4 cit4 i4 #afj4 #eei ,the gradual expansion of the duty of charity is due to the fact that this duty1 in the first place1 is based on the altruistic sentiment1 and consequently follows the same general law of development4 ,many cases referred to above imply that savages are by no means strangers to affection1 and that in their communities there is not only mutual assistance1 but general kindness of heart4 ,numerous instances to the same effect might easily be added4 ,when a ,fuegian is very ill the near relatives show much grief2#beg and ,darwin tells us that the ,fuegian boy who was taken on board the ,beagle and brought to ,europe1 used to go to the sea-sick and say1 in a plaintive voice1 ,poor1 poor fellow6#beh ,the ,veddahs are praised not only for their charitable behaviour towards each other1 but for their natural tenderness of heart4#bei ,the aborigines of ,victoria are said to have the greatest love for their friends and relatives1 and to testify the liveliest joy when a companion after a long absence returns to the camp4#bfj ,forster mentions an instance of affection among the natives of ,tana1 which1 as he says1 strongly proves that the passions and innate quality of human nature are much the same in every climate4#bfa ,melville declares that1 after passing a few weeks in the ,typee valley of the ,marquesas1 he formed a higher estimate of human nature than he ever before entertained4#bfb ,it can hardly be doubted that in every human society there is1 normally1 some degree of social affection between its members2#bfc and it seems that the evolution of this sentiment in mankind has been much more in the direction of greater extensiveness than of greater intensity4 ,footnote #beg3 ,bridges1 in ,a ,voice for ,south ,america1 xiii4 #bjf4 ,footnote #beh3 ,darwin1 ,journal of ,researches1 p4 #bjg4 ,footnote #bei3 ,sarasin1 op4 cit4 iii4 #ede1 #eej4 ,footnote #bfj3 ,brough ,smyth1 op4 cit4 i4 #ach4 ,footnote #bfa3 ,forster1 ,voyage round the ,world1 ii4 #cbe4 ,footnote #bfb3 ,melville1 ,typee1 p4 #big4 ,footnote #bfc3 ,see infra1 on the ,origin and ,development of the ,altruistic ,sentiment4 ,where the members of a group have affection for each other1 mutual aid will be regarded as a duty both because it will be practised habitually1 and because a #efj failure to afford it will call forth sympathetic resentment on behalf of the sufferer1 ,but we need1 here again1 to look below the surface4 ,men may be induced to do good to their fellow-creatures not only by kindly feelings towards them1 but by egoistic motives2 and such motives1 through having a share in making beneficence a tribal habit1 at the same time influence the moral estimation in which it is held4 ,the ,basutos say that the knife that is lent does not return alone to its master--a kindness is never thrown away4#bfd ,of the ,asiniboin1 a ,siouan tribe1 ,mr4 ,dorsey states that nothing is given except with a view to a gift in return4#bfe ,when the ,andaman ,islanders make presents of the best that they possess1 they tacitly understand that an equivalent should be rendered for every gift4#bff ,among the ,makololo the rich show kindness to the poor1 in expectation of services4#bfg ,in his description of the ,greenlanders1 ,dr4 ,nansen observes that all the small communities depend for their existence on the law of mutual assistance1 on the principle of common suffering and common enjoyment4 ,a hard life has taught the ,eskimo that even if he is a skilful hunter and can1 as a rule1 manage to hold his own well enough1 there may come times when1 without the help of his fellows1 he would have to succumb4 ,it is better1 therefore1 for him to help in his turn4#bfh ,that similar considerations largely lie at the bottom of the custom of mutual aid and charity both in uncivilised and more advanced communities1 we may assume from the experience of human nature which we have acquired at home4 ,and such motives must be particularly active in a society the members of which are so dependent on each other's services and return-services1 as is generally the case with a horde of savages4 ,footnote #bfd3 ,casalis1 op4 cit4 p4 #caj4 ,footnote #bfe3 ,dorsey1 ',siouan ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 xv4 #bbe sq4 ,footnote #bff3 ,man1 in ,jour4 ,anthr4 ,inst4 xii4 #ie4 ,footnote #bfg3 ,livingstone1 ,missionary ,travels1 p4 #eaa4 ,footnote #bfh3 ,nansen1 ,first ,crossing of ,greenland1 ii4 #cjd sq4 ,cf4 ,cranz1 ,history of ,greenland1 i4 #agc2 ,parry1 op4 cit4 p4 #ebe4 ,moreover1 by niggardliness a person may expose himself #efa to supernatural dangers1 whereas liberality may entail supernatural reward4 ,in ,morocco nobody would like to eat in the presence of other people without sharing his meal with them2 otherwise they might poison his food by looking at it with an evil eye4 ,so also1 if anybody shows a great liking for a thing belonging to you1 wanting1 for instance1 to buy your gun or your horse1 it is best to let him have it1 since otherwise an accident is likely to happen to the object of his desire4#bfi ,but baneful energy1 what the ,moors call l-bas1 is transferable not only by the eye1 but by the voice4 ,the poor and the needy have thus in their hands a powerful weapon and means of retaliation1 the curse4 ,the ancient ,greeks believed that the beggar had his ,erinys1#bgj his avenging demon1 which was obviously only a personification of his curse4#bga ,it is said in the ,proverbs1 ,he that giveth unto the poor shall not lack3 but he that hideth his eyes shall have many a curse4#bgb ,the same idea is expressed in ,ecclesiasticus3--,turn not away thine eye from the needy1 and give him none occasion to curse thee3 for if he curse thee in the bitterness of his soul1 his prayer shall be heard of him that made him4 4 4 4 ,a prayer out of a poor man's mouth reacheth to the ears of ,god1 and his judgment cometh speedily4#bgc ,according to the ,zoroastrian ,yasts1 the poor man who follows the good law1 when wronged and deprived of his rights1 invokes ,mithra for help1 with hands uplifted4#bgd ,mr4 ,chapman states that1 though the ,damaras are1 generally speaking1 great gluttons1 they would not think of eating in the presence of any of their tribe without sharing their meal with all comers1 for fear of being visited by a curse from their ',omu-kuru' or deity1 and becoming impoverished4#bge ,there is all reason #efb to suppose that in this case the curse of the deity was originally the curse1 or evil wish1 of an angry man4 ,footnote #bfi3 ,similar beliefs prevail in modern ,egypt 7,klunzinger1 ,upper ,egypt1 p4 #cia74 ,footnote #bgj3 ,odyssey1 xvii4 #dge4 ,footnote #bga3 ,supra1 p4 #fj4 ,footnote #bgb3 ,proverbs1 xxviii4 #bg4 ,footnote #bgc3 ,ecclesiasticus1 iv4 #e sq42 xxi4 #e4 ,cf4 ,deuteronomy1 xv4 #i4 ,rabbi ,johanan says that almsgiving saves man from sudden1 unnatural death 7,kohler1 in ,jewish ,encyclopedia1 i4 #dce74 ,cf4 ,proverbs1 x4 #b4 ,footnote #bgd3 ,yasts1 x4 #hd4 ,footnote #bge3 ,chapman1 ,travels in the ,interior of ,south ,africa1 i4 #cda4 ,a poor man is able not only to punish the uncharitable by means of his curses1 but to reward the generous giver by means of his blessings4 ,during my residence among the ,andjra tribe in the mountains of ,northern ,morocco1 our village was visited by a band of ambulant scribes who went from house to house1 receiving presents and invoking blessings in return4 ,when a goat was given them they asked ,god to increase the flocks of the giver1 when money was given they asked ,god to increase his money1 and so forth4 ,some of the villagers told me that it was a profitable bargain1 since they would be tenfold repaid for their gifts through the blessings of the scribes4 ,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 gate1 so as to receive his blessings4 ,it is said in ,ecclesiasticus3--,stretch thine hand unto the poor1 that thy blessing may be perfected4 ,a gift hath grace in the sight of every man living4#bgf ,whilst he that withholdeth corn shall be cursed by the people1 blessing shall be upon the head of him that selleth it4#bgg ,among the early ,christians those who brought gifts for the poor were specially remembered in the prayers of the ,church4#bgh ,of the ,nayadis of ,malabar ,mr4 ,iyer says that the purport and object of their prayers are1 among other things1 that all the superior castes1 who give them alms1 may enjoy long life and prosperity4#bgi ,in various cases the nature of the rewards promised for charitable acts suggests that they are due to the blessings of the recipient4 ,according to ,vasishtha1 through liberality man obtains all his desires1 even longevity4#bhj ,in the ,yasts it is said that the children of a charitable man will thrive4#bha ,according to ,talmudic ideas1 men acquire wealth for their children by #efc distributing alms among the poor4#bhb ,considering how widely spread is the belief in the efficacy of curses and blessings1 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 visitor4 ,footnote #bgf3 ,ecclesiasticus1 vii4 #cb4 ,cf4 ,proverbs1 xxii4 #i4 ,footnote #bgg3 ,proverbs1 xi4 #bf4 ,footnote #bgh3 ,uhlhorn1 op4 cit4 i4 #ada4 ,footnote #bgi3 ,iyer1 in the ,madras ,government ,museum's ,bulletin1 iv4 #gb4 ,footnote #bhj3 ,vasishtha1 xxix4 #a sq4 ,footnote #bha3 ,yasts1 xxiv4 #cf4 ,footnote #bhb3 ,kohler1 in ,jewish ,encyclopedia1 i4 #dcf4 ,cf4 ,proverbs1 xxviii4 #bg4 ,the curses and blessings of the poor partly account for the fact that charity has come to be regarded as a religious duty4 ,originally1 it is true1 they had not the character of an appeal to a god1 but were believed to possess a purely magical power1 independent of any superhuman will4 ,this belief is rooted in the close association between the wish1 more particularly the spoken wish1 and the idea of its fulfilment4 ,the wish is looked upon in the light of energy which may be transferred--by material contact1 or by the eye1 or by means of speech--to the person concerned1 and then becomes a fact4 ,this process1 however1 is not taken quite as a matter of course2 there is always some mystery about it4 ,hence the words of a holy man1 a magician or priest1 are considered more efficacious than those of ordinary mortals4 ,the ,australian natives believe that the curse of a potent magician will kill at the distance of a hundred miles4 ,among the ,maoris the anathema of a priest is regarded as a thunderbolt that an enemy cannot escape4#bhc ,among the ,gallas no man will under any circumstances slay either a priest or a wizard1 from a dread of his dying curse4#bhd ,some of the ,rabbis maintained that a curse uttered by a scholar is unfailing in its effect1 even if undeserved4#bhe ,in ,muhammedan countries the curses of saints or shereefs are particularly feared4 ,according to the ,laws of ,manu1 a ,brhmana may punish his foes by his own power alone1 speech being his weapon4#bhf ,but though a curse may derive particular potency from the person who utters it1 #efd it is by no means ineffective even in the mouth of an ordinary man4#bhg ,in the ,old ,testament children are forbidden to curse their parents1#bhh subjects their rulers1#bhi men their god2#bij and according to ,talmudic conceptions1 a curse should not be regarded lightly however ignorant be the person who utters it4#bia ,all that is required is that the words should possess that supernatural quality which alone can bring about the result desired1 and this quality may be inherent in the curse quite independently of the person who utters it4 ,it is inherent in certain mystic formulas or spells and in the invocations of some spirit or god4 ,the will of the invoked being is not considered at all2 his name is simply brought in to give the curse that mystic efficacy which the plain word lacks4 ,thus both in the ,old ,testament#bib and in the ,talmud#bic there are traces of the ancient idea that the name of the ,lord might be used with advantage in any curse however undeserved4 ,but with the deepening of the religious sentiment this idea had to be given up4 ,a righteous and mighty god cannot agree to be a mere tool in the hand of a wicked curser4 ,hence the curse comes to be looked upon in the light of a prayer1 which is not fulfilled if undeserved2 as it is said in the ,proverbs1 the curse causeless shall not come4#bid ,and the same is the case with the blessing4 ,whilst in ancient days ,jacob could take away his brother's blessing by deceit1#bie the efficacy of a blessing was later on limited by moral considerations4#bif ,the ,psalmist declares that only the offspring of the righteous can be blessed2#big and according to the ,apostolic ,constitutions1 although a widow who eateth and is filled from the wicked1 pray for them1 she shall not be heard4#bih #efe ,on the other hand1 curses and blessings1 when well deserved1 continued to draw down calamity or prosperity upon their objects1 by inducing ,god to put them into effect2 this idea prevails both in post-exilic ,judaism and in ,muhammedanism1#bii and underlies the ,christian oath and benediction4 ,the final1 but not the original view was that1 as an uncharitable man deserves to be punished and a charitable man merits reward1 the curses and blessings of the poor will naturally be heard by a righteous ,god4 ,the ,lord will plead their cause4#cjj ,footnote #bhc3 ,polack1 ,manners and ,customs of the ,new ,zealanders1 i4 #bdh sq4 ,footnote #bhd3 ,harris1 ,highlands of thiopia1 iii4 #ej4 ,footnote #bhe3 ,makkoth1 fol4 #aa ,a4 ,berakhoth1 fol4 #ef ,a4 ,footnote #bhf3 ,laws of ,manu1 xi4 #cb sq4 ,footnote #bhg3 ,taylor1 ,te ,ika a ,maui1 p4 #bjd 7,maoris74 ,wellhausen1 ,reste arabischen ,heidentums1 p4 #aci4 ,footnote #bhh3 ,exodus1 xxi4 #ag4 ,leviticus1 xx4 #i4 ,proverbs1 xx4 #bj2 xxx4 #aa4 ,footnote #bhi3 ,exodus1 xxii4 #bh4 ,ecclesiastes1 x4 #bj4 ,footnote #bij3 ,exodus1 xxii4 #bh4 ,footnote #bia3 ,meghilla1 fol4 #ae ,a4 ,footnote #bib3 ,supra1 p4 #efd4 ,footnote #bic3 ,makkoth1 fol4 #aa ,a4 ,berakhoth1 foll4 #ai ,a1 #ef ,a4 ,footnote #bid3 ,proverbs1 xxvi4 #b4 ,footnote #bie3 ,genesis1 xxvii4 #bc sqq4 ,footnote #bif3 ,cf4 ,cheyne1 ',blessings and ,curses1' in ,encyclopdia ,biblica1 i4 #eib4 ,footnote #big3 ,psalms1 xxxvii4 #bf4 ,footnote #bih3 ,constitutiones ,apostolic1 iv4 #f4 ,cf4 ,jeremiah1 vii4 #af4 ,footnote #bii3 ,cf4 ,cheyne1 in ,encyclopdia ,biblica1 i4 #eib2 ,goldziher1 ,abhandlungen zur arabischen ,philologie1 i4 #bi sqq4 ,footnote #cjj3 ,proverbs1 xxii4 #bc4 ,the chief cause1 however1 of the extraordinary stress which the higher religions put on the duty of charity seems to lie in the connection between almsgiving and sacrifice4 ,when food is offered as a tribute to a god1 the god is supposed to enjoy its spiritual part only1 whilst the substance of it is left behind and is eaten by the poor4 ,and when the offering is continued in ceremonial survival in spite of the growing conviction that1 after all1 the deity does not need and cannot profit by it1#cja the poor become the natural heirs of the god1 and the almsgiver inherits the merit of the sacrificer4 ,the chief virtue of the act1 then1 lies in the self-abnegation of the donor1 and its efficacy is measured by the sacrifice which it costs him4 ,footnote #cja3 ,for such a survival1 see ,tylor1 ,primitive ,culture1 ii4 #cif sqq4 ,many instances may be quoted of sacrificial food being left for the poor or being distributed among them4 ,at ,scillus1 where ,xenophon had built an altar and a temple to ,artemis and a sacrifice was afterwards made every year1 the goddess supplied the poor people living there in tents with barley-meal1 bread1 wine1 sweetmeats1 and a share of the victims offered from the sacred pastures1 and of those caught in hunting4#cjb ,according to ,yasna1 sacrifices to ,mazda were given to his poor4#cjc ,in ancient ,arabia the poor were allowed to partake of the meal-offering #eff which was laid before the god ,uqaiir4#cjd ,in ,zinder1 in the ,soudan1 there are some trees1 regarded as divine1 to which annual offerings of bullocks1 sheep1 and so forth1 are made1 though the poor of the country get the benefit of them4#cje ,in ,morocco even animals which are killed as 7r--a sacrifice embodying a conditional curse--on departed saints or living people1 with a view to compelling them to grant a request1 are commonly eaten by the poor1 though nobody else would dare to partake of them4 ,footnote #cjb3 ,xenophon1 ,anabasis1 v4 #c4 #i4 ,footnote #cjc3 ,yasna1 xxxiv4 #e4 ,footnote #cjd3 ,wellhausen1 ,reste arabischen ,heidentums1 p4 #fd4 ,robertson ,smith1 ,religion of the ,semites1 p4 #bbc4 ,footnote #cje3 ,richardson1 ,mission to ,central ,africa1 ii4 #bei4 ,in other cases we find that almsgiving is itself regarded as a form of sacrifice1 or takes the place of it4 ,in the sacred books of ,india the two things are repeatedly mentioned side by side4 ,the householder offers sacrifices1 the householder practises austerities1 the householder distributes gifts4#cjf ,of a ,brhmana who has completed his studentship it is said1 ,let him always practise1 according to his ability1 with a cheerful heart1 the duty of liberality1 both by sacrifices and by charitable works1 if he finds a worthy recipient for his gifts4#cjg ,in the ,krita age the chief virtue is declared to be the performance of austerities1 in the ,tret divine knowledge1 in the ,dvpara the performance of sacrifices1 in the ,kali liberality alone4#cjh ,in the ,egyptian ',book of the ,dead' the soul1 on approaching to the gods who are in the ,tuat1 pleads3--,i have done that which man prescribeth and that which pleaseth the gods4 ,i have propitiated the god with that which he loveth4 ,i have given bread to the hungry1 water to the thirsty1 clothes to the naked1 a boat to the shipwrecked4 ,i have made oblations to the gods and funeral offerings to the departed4#cji ,in the ,zoroastrian prayer ,ahuna-,vairya1 to which great efficacy is ascribed1 it is said1 ,he who relieves the poor makes ,ahura king4#caj #efg ,in the ,koran almsgiving is often mentioned in connection with prayer2#caa and the ,zakt1 or alms prescribed by law1 is regarded by the ,muhammedans as a fundamental part of their religion1 hence infidels1 who cannot perform acceptable worship1 have nothing to do with these alms4#cab ,among the ,muhammedans of ,india it is common for men and women to vow that when what they desire shall come to pass1 they will1 in the name of ,god1 the ,prophet1 his companions1 or some wullee1 present offerings and oblations4 ,one of these offerings1 called an offering unto ,god1 consists in preparing particular victuals1 and in distributing them among friends and the poor1 and giving any sort of grain1 a sacrificed sheep1 clothes1 or ready-money in alms to the indigent4#cac ,when the destruction of the ,temple with its altar filled the ,jews with alarm as they thought of their unatoned sins1 ,johanan ben ,zakkai comforted them by saying1 ,you have another means of atonement1 as powerful as the altar1 and that is the work of charity1 for it is said3 ',i desired mercy1 and not sacrifice4'#cad ,many other passages show how closely the ,jews associated almsgiving with sacrifice4 ,he that giveth alms sacrificeth praise4#cae ,as sin-offering makes atonement for ,israel1 so alms for the ,gentiles4#caf ,almsdeeds are more meritorious than all sacrifices4#cag ,an orphan is called an altar to ,god4#cah ,and as a sacrificer should be a person of a godly character1 so it is better to perish by famine than to receive an oblation from the ungodly4#cai ,alms were systematically collected in the synagogues1 and officers were appointed to make the collection4#cbj ,so1 also1 among the early ,christians the collection of alms for the relief of the poor was an act of the ,church life itself4 ,almsgiving took place in public worship1 nay formed itself a part of worship4 #efh ,gifts of natural produce1 the so-called oblations1 were connected with the celebration of the ,lord's ,supper4 ,they were offered to ,god as the first-fruits of the creatures 7primiti creaturarum71 and a prayer was said3--,o ,lord1 accept also the offerings of those who to-day bring an offering1 as ,thou didst accept the offerings of righteous ,abel1 the offering of our father ,abraham1 the incense of ,zachariah1 the alms of ,cornelius1 and the two mites of the widow4 ,these oblations were not only used for the ,lord's ,supper1 but they formed the chief means for the relief of the poor4 ,they were regarded as sacrifice in the most special sense2 and1 as no unclean gift might be laid upon the ,lord's altar1 profit made from sinful occupations was not accepted as an oblation1 neither were the oblations of impenitent sinners4#cba ,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 with4#cbb ,like sacrifice1 almsgiving is connected with prayer1 as a means of making the prayer efficacious and furnishing it with wings2 the angel said to ,cornelius1 ,thy prayers and thine alms are come up for a memorial before ,god4#cbc ,when the ,christians were reproached for having no sacrifices1 ,justin wrote1 ,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 sustenance1 but to use it for ourselves and those who need4#cbd ,so1 also1 ,irenus observes that sacrifices are not abolished in the ,new ,testament1 though their form is indeed altered1 because they are no longer offered by slaves1 but by freemen1 of which just the oblations are the proof4#cbe ,and ,god has enjoined on ,christians this sacrifice of oblations1 not because ,he needs them1 but in order that themselves #efi might be neither unfruitful nor ungrateful4#cbf ,st4 ,augustine says1 ,the sacrifice of the ,christians is the alms bestowed upon the poor4#cbg ,footnote #cjf3 ,institutes of ,vishnu1 lix4 #bh4 ,footnote #cjg3 ,laws of ,manu1 iv4 #bbg4 ,cf4 ibid4 iv4 #bbf4 ,footnote #cjh3 ,ibid4 i4 #hf4 ,footnote #cji3 ,book of the ,dead1 #abe1 ,renouf's translation1 p4 #bag4 ,footnote #caj3 ,venddd1 xix1 #b4 ,footnote #caa3 ,koran1 ii4 #dj1 #ajd2 ix4 #ed4 ,footnote #cab3 ,sell1 op4 cit4 #bhd4 ,footnote #cac3 ,jaffur ,shureef1 ,qanoon-e-,islam1 p4 #agi4 ,footnote #cad3 ,kohler1 in ,jewish ,encyclopedia1 i4 #dfg4 ,hosea1 vi4 #f4 ,footnote #cae3 ,ecclesiasticus1 xxxv4 #b4 ,footnote #caf3 ,quoted by ,levy1 ,neuhebrisches und ,chaldisches ,wrterbuch1 iv4 #agc4 ,footnote #cag3 ,quoted ibid4 iv4 #agc4 ,footnote #cah3 ,constitutiones ,apostolic1 iv4 #c4 ,footnote #cai3 ,ibid4 iv4 #h4 ,footnote #cbj3 ,addis1 in ,encyclopdia ,biblica1 i4 #aai4 ,footnote #cba3 ,uhlhorn1 op4 cit4 i4 #ace sqq4 ,harnack1 ,history of ,dogma1 i4 #bje4 ,footnote #cbb3 ,hebrews1 xiii4 #ad sqq4 ,cf4 ,addis1 in ,encyclopdia ,biblica1 i4 #aai4 ,footnote #cbc3 ,act1 x4 #d4 ,cyprian1 ,de opere et eleemosynis1 #d4 ,st4 ,chrysostom1 ,homilia ,,vii41 de ,poenitentia1 #f 7,migne1 ,patrologi cursus1 ,ser4 ,gr4 xlix4 sq4 #ccb74 ,footnote #cbd3 ,justin1 ,apologia ,i4 pro ,christianis1 #ac4 ,footnote #cbe3 ,irenus1 ,adversus hreses1 iv4 #ah4 #hb4 ,footnote #cbf3 ,ibid4 iv4 #ag4 #e4 ,footnote #cbg3 ,st4 ,augustine1 ,sermo ,,xlii4 #a 7,migne1 op4 cit4 xxxviii4 #beb74 ,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 ,deity4 ,but in the present connection ,i have not had to show why charity1 like other human duties1 has been sanctioned by religious beliefs1 but why1 in the ethics of the higher religions1 it has attained the same supreme importance as is otherwise attached only to devotional exercises4 ,and this is certainly a problem by itself1 for which the belief in a benevolent god affords no adequate explanation4 ,that the religious duty of charity is not merely an outcome of the altruistic sentiment is well illustrated by the fact that ,zoroastrianism1 whilst exalting almsgiving to the rank of a cardinal virtue1 at the same time excludes the sick man from the community of the faithful until he has been cured and cleansed according to prescribed rites4#cbh ,footnote #cbh3 ,darmesteter1 ',introduction' to the ,zend-,avesta1 in ,sacred ,books of the ,east1 iv4 p4 lxxx4 ,,chapter ,,xxiv ,,hospitality ,,we have seen that in early society regard for the life and physical well-being of a fellow-creature is1 generally speaking1 restricted to members of the social unit1 whereas foreigners are subject to a very different treatment4 ,but to this rule there are remarkable exceptions4 ,side by side with gross indifference or positive hatred to strangers we find1 among the lower races1 instances of great kindness displayed even towards persons of a foreign race4 ,the ,veddahs are ready to help any stranger in distress who asks for their assistance1 and ,sinhalese fugitives who have sought refuge in their wilds have always been kindly received4#a ,mr4 ,moffat was deeply affected by the sympathy which some poor ,bushmans showed to him during an illness1 although he was an utter stranger to them4 ,speaking of the mutual affection which the ,andaman ,islanders display in their social relations1 ,mr4 ,man adds that1 in their dealings with strangers1 the same characteristic is observable when once a good understanding has been established4#b ,we have also to remember the friendly manner in which the aborigines in various parts of the savage world behaved to the earliest ,european visitors4 ,nothing could be more courteous than the reception which ,cook and his party met with in ,new ,caledonia1 where the natives guided and accompanied them on their #ega excursions4 ,forster says of the ,society ,islanders1 ,we should indeed be ungrateful if we did not acknowledge the kindness with which they always treated us4#c ,de ,clerque observes with reference to the ,papuans on the north coast of ,new ,guinea3--,the inhabitants seemed always ready to help4 4 4 4 ,on our visit to the village all the male and female inhabitants with their children flocked around me1 and offered me cocoanuts and sugar-cane2 which1 for the first contact with ,europeans1 is certainly remarkable4#d ,on the arrival of white people in various parts of ,australia1 the natives were not only inoffensive1 but disposed to meet them on terms of amity and kindness4#e ,in a short intercourse1 says ,eyre1 they are easily made friends4 4 4 4 ,on many occasions where ,i have met these wanderers in the wild1 far removed from the abodes of civilisation1 and when ,i have been accompanied only by a single native boy1 ,i have been received by them in the kindest and most friendly manner1 had presents made to me of fish1 kangaroo1 or fruit1 had them accompany me for miles to point out where water was to be procured1 and been assisted by them in getting at it4#f ,nor must we forget the kind reception which ,australian ,blacks have given to men cast upon their mercy1#g and the tenderness with which the natives of ,cooper's ,creek wept for the death of ,burke and ,wills1 and comforted ,king1 the survivor4#h ,unfortunately1 native races have often received anything but favourable impressions from their earliest interviews with ,europeans2 and both in ,australia and elsewhere prolonged intercourse with white people has1 in many instances1 induced them to change #egb their friendly behaviour into unkindness or hostility4 ,the ,canadian traders1 for instance1 when they first appeared among the ,beaver and ,rocky ,mountain ,indians1 were treated by these people with the utmost hospitality and attention2 but by their subsequent conduct they taught the natives to withdraw their respect1 and sometimes to treat them with indignity4#i ,harmon writes1 ,i have always experienced the greatest hospitality and kindness among those ,indians who have had the least intercourse with white people4#aj ,many facts seem to verify the statement made by a missionary who speaks from forty years' experience among the natives of ,new ,guinea and ,polynesia1 that our conduct towards savages determines their conduct towards us4#aa ,footnote #a3 ,sarasin1 ,ergebnisse naturwissenschaftlicher ,forschungen auf ,ceylon1 iii4 #edd4 ,footnote #b3 ,man1 ',aboriginal ,inhabitants of the ,andaman ,islands1' in ,jour4 ,anthr4 ,inst4 xii4 #ic4 ,footnote #c3 ,forster1 ,voyage ,round the ,world1 ii4 #aeg4 ,footnote #d3 ,de ,clerque1 in ,glimpses of the ,eastern ,archipelago1 p4 #ad4 ,footnote #e3 ,breton1 ,excursions in ,new ,south ,wales1 p4 #bah4 ,curr1 ,the ,australian ,race1 i4 #fd4 ,salvado1 ,mmoires historiques sur l',australie1 p4 #cdj4 ,ridley1 ,aborigines of ,australia1 p4 #bd4 ,eyre1 ,journals of ,expeditions of ,discovery into ,central ,australia1 ii4 #bab1 #chb4 ,footnote #f3 ,eyre1 op4 cit4 ii4 #baa4 ,footnote #g3 ,mathew1 ',australian ,aborigines1' in ,jour4 ,proceed4 ,roy4 ,soc4 ,n4 ,s4 ,wales1 xxiii4 #chh4 ,brough ,smyth1 ,aborigines of ,victoria1 ii4 #bbi4 ,ridley1 ,aborigines of ,australia1 p4 #bb4 ,footnote #h3 ,jung1 ',aus dem ,seelenleben der ,australier1' in ,mittheilungen des ,vereins fr ,erdkunde zu ,leipzig1 #ahgg1 p4 #aa sq4 ,footnote #i3 ,mackenzie1 ,voyage to the ,frozen and ,pacific ,ocean1 p4 #adi4 ,footnote #aj3 ,harmon1 ,journal of ,voyages and ,travels in the ,interior of ,north ,america1 p4 #cae4 ,footnote #aa3 ,murray1 ,forty ,years' ,mission ,work in ,polynesia and ,new ,guinea1 p4 #dii4 ,for other instances of kindness displayed by savages towards white men1 see von ,kotzebue1 ,voyage of ,discovery into the ,south ,sea1 iii4 #agd 7people of ,radack72 ,yate1 ,account of ,new ,zealand1 p4 #ajb sq42 ,dieffenbach1 ,travels in ,new ,zealand1 ii4 #aab2 ,keate1 ,account of the ,pelew ,islands1 p4 #cbi sq42 ,earl1 ,papuans1 p4 #gi 7natives of ,port ,dory1 ,new ,guinea72 ,sarytschew1 ',voyage of 9999 ,discovery to the ,north-,east of ,siberia1' in ,collection of ,modern and ,contemporary ,voyages and ,travels1 vi4 #gh 7,aleuts72 ,king and ,fitzroy1 ,voyages of the ,adventure and ,beagle1 ii4 #afh1 #agd 7,patagonians72 ,wilson and ,felkin1 ,uganda1 i4 #bbe4 ,the friendly reception which white men have met with in savage countries is closely connected with a custom which1 as it seems1 prevails universally among the lower races while in their native state1#ab as also among the #egc peoples of culture at the earlier stages of their civilisation#ac #egd --hospitality towards strangers4 ,this custom presents several remarkable characteristics1 which1 to all appearance1 ill agree with their tribal or national exclusiveness generally4 ,the stranger is often welcomed with special marks of honour4 ,the best seat is assigned to him2 the best food at the host's disposal is set before #ege him2 he takes precedence over all the members of the household2 he enjoys extraordinary privileges4 ,m4 ,hyades says of the ,fuegians1 ,quelque encombre que soit une hutte1 et si rduite que soit la quantit d'aliments dont on dispose1 le nouvel arrivant est toujours assur d'avoir une place prs du foyer et une part de la nourriture4#ad ,the ,mattoal of ,california1 though they are sometimes heartlessly indifferent even to their parents1 will divide the last shred of dried salmon with any casual comer who has not a shadow of claim upon them1 except the claim of that exaggerated and supererogatory hospitality that savages use4#ae ,a ,creek ,indian would not only receive into his house a traveller or sojourner of whatever nation or colour1 but would treat him as a brother or as his own child1 divide with him the last grain of corn or piece of flesh1 and offer him the most valuable things in his possession4#af ,among the ,arawaks1 when a stranger1 and particularly an ,european1 enters the house of an ,indian1 every thing is at his command4#ag ,notwithstanding the ,karen's suspicious nature1 says ,mr4 ,smeaton1 his hospitality is unbounded4 ,he will entertain every stranger that comes1 without asking a question4 ,he feels himself disgraced if he does not receive all comers1 and give them the very best cheer he has4 ,the wildest ,karen will receive a guest with a grace and dignity and entertain him with a lavish hospitality that would become a duke4 ,hundreds of their old legends inculcate the duty of receiving strangers without regard to pecuniary circumstances either of host or guest4#ah ,among many uncivilised peoples it is customary for a man to offer even his wife1 or one of his wives1 to the stranger for the time he remains his guest4#ai ,the ,bedouins of ,nejd have a #egf saying that the guest while in the house is its lord2#bj and in the ,institutes of ,vishnu we read that1 as the ,brhmanas are lords over all other castes1 and as a husband is lord over his wives1 so the guest is the lord of his host4#ba ,footnote #ab3 ,azara1 ,voyages dans l',amrique mridionale1 ii4 #ia 7,guanas74 ,southey1 ,history of ,brazil1 i4 #bdg 7,tupis74 ,davis1 ,el ,gringo1 p4 #dba 7,pueblos74 ,lafitau1 ,moeurs des sauvages amriquains1 i4 #ajf2 ii4 #hh4 ,heriot1 ,travels through the ,canadas1 p4 #cah sq4 ,buchanan1 ,north ,american ,indians1 p4 #f4 ,perrot1 ,mmoire sur les moeurs1 coustumes et relligion des sauvages de l',amrique septentrionale1 pp4 #fi1 #bjb4 ,neighbors1 in ,schoolcraft1 ,indian ,tribes of the ,united ,states1 ii4 #acb 7,comanches74 ,james1 ,expedition from ,pittsburgh to the ,rocky ,mountains1 i4 #cba sq4 7,omahas74 ,morgan1 ,league of the ,iroquois1 p4 #cbg sqq42 ,loskiel1 ,history of the ,mission of the ,united ,brethren among the ,indians in ,north ,america1 i4 #ae2 ,colden1 in ,schoolcraft1 op4 cit4 iii4 #aij 7,iroquois74 ,powers1 ,tribes of ,california1 p4 #ahc4 ,sproat1 ,scenes and ,studies of ,savage ,life1 p4 #ef sqq4 7,ahts74 ,boas1 ',report on the ,indians of ,british ,columbia1' in the ,report read at the ,meeting of the ,british ,association1 #ahhi1 p4 #cf4 ,keating1 ,expedition to the ,source of ,st4 ,peter's ,river1 i4 #aja 7,potawatomis72 ii4 #afg 7,chippewas74 ,richardson1 ,arctic ,searching ,expedition1 ii4 #ah 7,crees and ,chippewas74 ,idem1 in ,franklin1 ,journey to the ,shores of the ,polar ,sea1 p4 #ff2 ,mackenzie1 ,voyages to the ,frozen and ,pacific ,oceans1 p4 xcvi4 7,crees74 ,dall1 ,alaska1 p4 #cig2 ,sarytschew1 loc4 cit4 vi4 #gh2 ,sauer1 ,billing's ,expedition to the ,northern ,parts of ,russia1 p4 #bgd 7,aleuts74 ,lyon1 ,private ,journal1 p4 #cdi sq42 ,parry1 ,second ,voyage for the ,discovery of a ,north-,west ,passage1 p4 #ebf 7,eskimo of ,igloolik74 ,egede1 ,description of ,greenland1 p4 #abf2 ,cranz1 ,history of ,greenland1 i4 #agb sq42 ,kane1 ,arctic ,explorations1 ii4 #abb2 ,holm1 ',ethnologisk ,skizze af ,angmagsalikerne1' in ,meddelelser om ,grnland1 x4 #hg1 #age sq4 7,greenlanders74 ,beechey1 ,voyage to the ,pacific and ,behring's ,strait1 ii4 #ega2 ,richardson1 ,arctic ,searching ,expedition1 i4 #cfg2 ,seemann1 ,voyage of ,herald1 ii4 #fe 7,western ,eskimo74 ,hooper1 ,ten ,months among the ,tents of the ,tuski1 pp4 #afj1 #aic1 #aid1 #bjh2 ,nordenskild1 ,vegas frd kring ,asien och ,europa1 ii4 #ade 7,chukchi74 ,dall1 op4 cit4 pp4 #cha 7,tuski71 #eag 7,kamchadales71 #ebf 7,ainos74 ,sarytschew1 loc4 cit4 v4 #fg 7,kamchadales74 ,dobell1 ,travels in ,kamtschatka and ,siberia1 i4 #fc1 #hb sq4 7,kamchadales72 ii4 #db 7,jakuts74 ,sauer1 op4 cit4 p4 #abd 7,jakuts74 ,vmbry1 ,das ,trkenvolk1 pp4 #aei 7,jakuts71 #ccf 7natives of ,eastern ,turkestan71 #daa 7,turkomans71 #dea 7,tshuvashes71 #eji 7,baskirs71 c4 ,krasheninnikoff1 ,history of ,kamschatka1 p4 #bcf 7,kurile ,islanders74 ,georgi1 ,russia1 i4 #aac 7,mordvins72 iii4 #aaa 7,tunguses71 #afg 7,koriaks72 iv4 #bb 7,kalmucks74 ,bergmann1 ,nomadische ,streifereien unter den ,kalmken1 ii4 #bha sqq4 ,prejevalsky1 ,mongolia1 i4 #ga sq4 ,castrn1 ,nordiska resor och forskningar1 i4 #da 7,laplanders71 #cai 7,ostyaks74 ,scott ,robertson1 ,kfirs of the ,hindu-,kush1 p4 #ahg sq4 ,fraser1 ,tour through the ,himala ,mountains1 pp4 #bfd 7people of ,kunawar71 #cce 7,butias74 ,dalton1 ,descriptive ,ethnology of ,bengal1 pp4 #df 7,kukis71 #fh 7,garos74 ,hunter1 ,annals of ,rural ,bengal1 i4 #bae 7,santals74 ,tickell1 ',memoir on the ,hodsum1' in ,jour4 ,asiatic ,soc4 ,bengal1 ix4 7pt4 ii47 #hjg sq4 7,hos74 ,lewin1 ,wild ,races of ,south-,eastern ,india1 p4 #bag 7,tipperahs74 ,colquhoun1 ,amongst the ,shans1 pp4 #afj sq4 7,steins71 #cga 7,shans74 ,foreman1 ,philippine ,islands1 p4 #ahg4 de ,crespigny1 ',milanows of ,borneo1' in ,jour4 ,anthr4 ,inst4 v1 #cd4 ,low1 ,sarawak1 pp4 #bdc 7,hill ,dyaks71 #ccf 7,kayans74 ,boyle1 ,adventures among the ,dyaks of ,borneo1 p4 #bae4 ,ling ,roth1 ,natives of ,sarawak1 i4 #hb 7,sea ,dyaks74 ,marsden1 ,history of ,sumatra1 p4 #bjh 7natives of the interior of ,sumatra74 ,raffles1 ,history of ,java1 i4 #bdi2 ,crawfurd1 ,history of the ,indian ,archipelago1 i4 #ec 7,javanese74 ,riedel1 ,de sluik- en kroesharige rassen tusschen ,selebes en ,papua1 p4 #da 7natives of ,ambon and ,uliase74 von ,kotzebue1 op4 cit4 iii4 #afe 7natives of ,radack71 #bae 7,pelew ,islanders74 ,hale1 ,u4,s4 ,exploring ,expedition4 ,vol4 ,,vi4--,ethnography and ,philology1 p4 #ie 7,kingsmill ,islanders74 ,macdonald1 ,oceania1 p4 #aie 7,efatese74 ,erskine1 ,cruise among the ,islands of the ,western ,pacific1 p4 #bgc sq42 ,williams and ,calvert1 ,fiji and the ,fijians1 p4 #aaj2 ,anderson1 ,travel in ,fiji and ,new ,caledonia1 p4 #acd sq4 7,fijians74 ,ellis1 ,polynesian ,researches1 i4 #ie4 ,idem1 ,tour through ,hawaii1 p4 #cdf sq4 ,forster1 op4 cit4 ii4 #aeh 7,tahitians7 #cfd 7natives of ,tana71 #cid 7,south ,sea ,islanders generally74 ,cook1 ,voyage round the ,world1 p4 #dj 7,tahitians74 ,tregear1 ',niue1' in ,jour4 ,polynesian ,soc4 ii4 #ac 7,savage ,islanders71 ,turner1 ,samoa1 p4 #aad2 ,pritchard1 ,polynesian ,reminiscences1 p4 #acb2 ,brenchley1 ,jottings during the ,cruise of ,h4,m4,s4 ,curaoa among the ,south ,sea ,islands1 p4 #gf 7,samoans74 ,mariner1 ,natives of the ,tonga ,islands1 ii4 #aed4 ,yate1 op4 cit4 p4 #ajj2 ,dieffenbach1 op4 cit4 ii4 #ajg sq42 ,polack1 ,manners and ,customs of the ,new ,zealanders1 ii4 #aee sq42 ,angas1 ,savage ,life and ,scenes in ,australia and ,new ,zealand1 ii4 #bb 7,maoris74 ,gason1 ',manners and ,customs of the ,dieyerie ,tribe1' in ,woods1 ,native ,tribes of ,south ,australia1 p4 #beh2 ,brough ,smyth1 op4 cit4 i4 #be2 ,salvado1 op4 cit4 p4 #cdj 7,australian aborigines74 ,ellis1 ,history of ,madagascar1 i4 #aih2 ,sibree1 ,the ,great ,african ,island1 pp4 #abf1 #abi2 ,rochon1 ,voyage to ,madagascar1 p4 #fb2 ,little1 ,madagascar1 p4 #fa2 ,shaw1 ',betsileo1' in ,antananarivo ,annual and ,madagascar ,magazine1 ii4 #hb4 ,burchell1 ,travels in the ,interior of ,southern ,africa1 ii4 #ed 7,bushmans71 #cde 7,hottentots74 ,kolben1 ,present ,state of the ,cape of ,good ,hope1 i4 #aff1 #ccg2 ,le ,vaillant1 ,travels from the ,cape of ,good ,hope1 ii4 #adc sq42 ,schinz1 ,deutsch-,sdwest-,afrika1 p4 #ha 7,hottentots74 ,lichtenstein1 ,travels in ,southern ,africa1 i4 #bgb2 ,leslie1 ,among the ,zulus and ,amatongas1 p4 #bjc 7,kafirs74 ,casalis1 ,basutos1 pp4 #bji1 #bbd4 ,andersson1 ,lake ,ngami1 #aih 7,ovambo74 ,macdonald1 ,africana1 i4 #bg1 #bfc 7,eastern ,central ,africans74 ,wilson and ,felkin1 op4 cit4 i4 #baa1 #bbe 7,waganda74 ,rowley1 ,africa ,unveiled1 p4 #dg 7natives of ,manganja1 in the neighbourhood of ,lake ,nyassa74 ,new1 ,life1 ,wanderings1 and ,labours in ,east ,africa1 pp4 #ajb 7,wanika71 #cfa 7,taveta74 ,thomson1 ,through ,masai ,land1 p4 #fd 7,wa-kwafi1 of the ,taveta74 ,tuckey1 ,expedition to explore the ,river ,zaire1 p4 #cgd 7,congo natives71 ,bosman1 ,description of the ,coast of ,guinea1 p4 #ajh4 ,burton1 ,two ,trips to ,gorilla ,land1 i4 #ajf 7,mpongwe74 ,idem1 ,abeokuta1 i4 #cjc 7,yoruba74 ,cailli1 ,travels through ,central ,africa1 i4 #afe 7,bagos74 ,chavanne1 ,die ,sahara1 p4 #ahe 7,touareg74 ,hanoteau and ,letourneux1 ,la ,kabylie1 ii4 #de sqq4 ,munzinger1 ,ostafrikanische ,studien1 p4 #ecd 7,barea74 ,lobo1 ,voyage to ,abyssinia1 p4 #hb sq4 ,for the deteriorating influence which contact with a higher culture exercises on savage hospitality1 see ,nansen1 ,first ,crossing of ,greenland1 ii4 #cjf sq42 ,ellis1 ,tour through ,hawaii1 p4 #cdf2 von ,kotzebue1 op4 cit4 iii4 #bej 7,hawaiians72 ,meade1 ,ride through the ,disturbed ,districts of ,new ,zealand1 p4 #afd2 ,dieffenbach1 op4 cit4 ii4 #ajg1 #ajh1 #aaj4 ,footnote #ac3 ,according to a law of the ,peruvian ,incas1 strangers and travellers should be treated as guests1 and public houses were provided for them 7,garcilasso de la ,vega1 ,first ,part of the ,royal ,commentaries of the ,yncas1 ii4 #cd74 ,for ,yucatan1 see ,landa1 ,relacion de las cosas de ,yucatan1 p4 #acd4 ,though hospitality1 according to ,mr4 ,wells ,williams 7,middle ,kingdom1 i4 #hce71 is not a trait of the character of the modern ,chinese1 kindness to strangers and travellers is enjoined in their moral and religious books 7,chalmers1 ',chinese ,natural ,theology1' in ,china ,review1 v4 #bha4 ,douglas1 ,confucianism and ,taouism1 p4 #bgc4 ,indo-,chinese ,gleaner1 iii4 #afj74 ,in ,corea it would be a grave and shameful thing to refuse a portion of one's meal with any person1 known or unknown1 who presents himself at eating-time 7,griffis1 ,corea1 p4 #bhh74 ,for the ,hebrews1 see ,genesis1 xviii4 #b sqq41 xxiv4 #ca sqq42 ,leviticus1 xix4 #i sq41 xxv4 #ce2 ,deuteronomy1 xiv4 #bi1 xvi4 #aa1 #ad2 ,judges1 xix4 #ag sqq42 ,job1 xxxiv4 #cb2 also ,bertholet1 ,die ,stellung der ,israeliten und der ,juden zu den ,fremden1 p4 #bb sqq41 and ,nowack1 ,lehrbuch der hebrischen ,archologie1 p4 #ahf sq4 ,for ,muhammedans1 see ,lane1 ,manners and ,customs of the ,modern ,egyptians1 p4 #bif sq42 ,burckhardt1 ,notes on the ,bedouins and ,wahbys1 pp4 #ajj-ajb1 #aib sqq42 ,wood1 ,journey to the ,source of the ,river ,oxus1 p4 #adh2 ,hamilton1 ,researches in ,asia ,minor1 ii4 #cgi4 ,for ancient ,india1 see ,leist1 ,alt-arisches ,jus ,gentium1 pp4 #ci1 #dj1 #bbc sqq4 ,for ,greece1 see ,schmidt1 ,ethik der alten ,griechen1 ii4 #cbe sqq4 ,for ,rome1 see ,leist1 ,alt-arisches ,jus ,civile1 i4 #cee sqq42 von ,jhering1 ,geist des rmischen ,rechts1 i4 #bbg sq4 ,for ancient ,teutons1 see ,grimm1 ,deutsche ,rechtsalterthmer1 p4 #cii sq42 ,gummere1 ,germanic ,origins1 p4 #afb sqq42 ,keyser1 ,efterladte ,skrifter1 ii4 pt4 ii4 #ic2 ,weinhold1 ,altnordisches ,leben1 p4 #dda sqq42 ,gudmundsson and ,klund1 ',sitte1' in ,paul's ,grundriss der germanischen ,philologie1 iii4 #dej sq4 ,for ,slavonians1 see ,schrader1 ,reallexikon der indogermanischen ,altertumskunde1 i4 #bgj2 ,krauss1 ,die ,sdslaven1 p4 #fdd sqq4 ,footnote #ad3 ,hyades and ,deniker1 ,mission scientifique du ,cap ,horn1 vii4 #bdc4 ,footnote #ae3 ,powers1 op4 cit4 p4 #aab4 ,footnote #af3 ,bartram1 ',creek and ,cherokee ,indians1' in ,trans4 ,american ,ethn4 ,soc4 iii4 pt4 i4 #db4 ,footnote #ag3 ,hilhouse1 in ,jour4 ,roy4 ,geo4 ,soc4 ii4 #bcj4 ,idem1 ,indian ,notices1 p4 #ad4 ,cf4 von ,martins1 ,beitrge zur ,ethnographie ,amerika's1 i4 #fib4 ,footnote #ah3 ,smeaton1 ,loyal ,karens of ,burma1 p4 #add sq4 ,footnote #ai3 ,westermarck1 ,history of ,human ,marriage1 p4 #gc sqq4 ,footnote #bj3 ,palgrave1 ,journey through ,central and ,eastern ,arabia1 i4 #cde4 ,footnote #ba3 ,institutes of ,vishnu1 lxvii4 #ca4 ,for other instances of the precedence granted to guests1 see ,man1 in ,jour4 ,anthr4 ,inst4 xii4 #id1 #adh 7,andaman ,islanders72 ,buchanan1 ,north ,american ,indians1 p4 #cbd 7,indians of ,pennsylvania72 ,lyon1 ,private ,journal1 p4 #cej 7,eskimo of ,igloolik72 ,seemann1 ,voyage of ,herald1 ii4 #fe 7,western ,eskimo72 ,krasheninnikoff1 op4 cit4 p4 #baa 7,kamchadales71 ,georgi1 op4 cit4 iii4 #aec sq4 7,kamchadales71 #ahc sq4 7,chukchi74 ,ling ,roth1 ,natives of ,sarawak1 i4 #hf 7,sea ,dyaks72 ,mariner1 op4 cit4 ii4 #aed 7,tonga ,islanders72 ,new1 op4 cit4 p4 #ajb 7,wanika72 ,hanoteau and ,letourneux1 op4 cit4 ii4 #de 7,kabyles72 ,wells ,williams1 op4 cit4 i4 #edj 7,chinese73 ,krauss1 op4 cit4 p4 #fdi sq4 7,southern ,slavs74 ,custom may require that hospitality should be shown even to an enemy4 ,captain ,holm tells us of a ,greenlander of bad character who1 though he had murdered his step-father1 was received1 and for a long time entertained1 when he paid a visit to the nearest kindred of the murdered man2 and this1 as it seems1 was agreeable to old custom4#bb ,among the ,aeneze ,bedouins1 says ,burckhardt1 all means are reckoned lawful to avenge the blood of a slain relative1 provided the homicide be not killed while he is a guest in the tent of a third person1 or if he has taken refuge even in the tent of his deadly foe4#bc ,in ,afghanistan a man's bitterest enemy is safe while he is under his roof4#bd ,we read in the ,hitopadesa3--,on even an enemy arrived at the house becoming hospitality should be bestowed2 the tree does not withdraw its sheltering shadow from the wood-cutter4 4 4 4 ,the guest is everyone's superior4#be ,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 host4#bf ,a medival #egg knight granted safe conduct through his territories to all who required it1 including those who asserted pretensions which1 if established1 would deprive him of his possessions4#bg ,footnote #bb3 ,nansen1 ,first ,crossing of ,greenland1 ii4 #cje sq4 ,footnote #bc3 ,burckhardt1 ,bedouins and ,wahbys1 p4 #hg4 ,cf4 ,daumas1 ,la vie ,arabe1 p4 #cag 7,algerian ,arabs74 ,footnote #bd3 ,elphinstone1 ,kingdom of ,caubul1 i4 #bif4 ,footnote #be3 ,hitopadesa1 ,mitralbh1 #fj1 #fb4 ,footnote #bf3 ,grimm1 ,deutsche ,rechtsalterthmer1 p4 #djj4 ,weinhold1 ,altnordisches ,leben1 p4 #dda4 ,for other instances of hospitality towards enemies1 see ,james1 ,expedition to the ,rocky ,mountains1 i4 #cbb 7,omahas72 ,bartram1 in ,trans4 ,american ,ethn4 ,soc4 iii4 pt4 i4 #db 7,creeks and ,cherokees72 ,lomonaco1 ',sullerazze indigene del ,brasile1' in ,archivio per l'antropologia e la etnologia1 xix4 #eg 7,tupis72 ,krauss1 op4 cit4 p4 #fej 7,montenegrines74 ,footnote #bg3 ,mills1 ,history of ,chivalry1 p4 #aed4 ,to protect a guest is looked upon as a most stringent duty under all circumstances4 ,le ,kabyle qui accorde son naa doit1 sous peine d'infamie1 y faire honneur1 dt-il s'exposer tous les dangers4 4 4 4 ,la violation de leur naa est la plus grave injure que l'on puisse infliger des ,kabyles4 ,un homme qui viole1 ou1 suivant l'expression consacre1 qui brise l'naa de son village ou de sa tribu1 est puni de mort et de la confiscation de tous ses biens2 sa maison est dmolie4#bh ,among the ,bedouins a breach of the law of dakheel would be considered a disgrace not only upon the individual but upon his family1 and even upon his tribe1 which never could be wiped out4 ,no greater insult can be offered to a man1 or to his clan1 than to say that he has broken the dakheel4#bi ,among the ,aenezes1 according to ,burckhardt1 a violation of hospitality1 by the betraying of a guest1 has not occurred within the memory of man4#cj ,in ,egypt1 most ,bedawees will suffer almost any injury to themselves or their families rather than allow their guests to be ill-treated while under their protection4#ca ,among the ,kandhs1 for the safety of a guest life and honour are pledged2 he is to be considered before a child2 in order to save his guest a man is even allowed to speak falsely1 which is otherwise condemned by them as a heinous sin4#cb ,vmbry 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 hospitality4#cc ,among the ,ossetes the host not only considers himself responsible for the safety of his guest1 #egh but revenges the murder or wounding of the latter as he would that of a kinsman4#cd ,in ,albania it is considered infamous to leave an injury inflicted on a guest unavenged4#ce ,among the ,takue1 though a man would accept compensation for the murder of a relative1 he would in all cases exact blood-revenge for the murder of his guest4#cf ,on the other hand1 in ,sierra ,leone a guest is scarcely accountable for any faults which he may commit1 whether through inadvertency or design1 the host being considered as responsible for the actions of 'his stranger4'#cg ,footnote #bh3 ,hanoteau and ,letourneux1 op4 cit4 ii4 #fa sq4 ,footnote #bi3 ,layard1 ,discoveries in the ,ruins of ,nineveh and ,babylon1 p4 #cag4 ,footnote #cj3 ,burckhardt1 ,bedouins and ,wahbys1 p4 #ajj4 ,cf4 ibid4 p4 #aib4 ,footnote #ca3 ,lane1 ,modern ,egyptians1 p4 #big4 ,footnote #cb3 ,macpherson1 ,memorials of ,service in ,india1 pp4 #fe1 #id4 ,footnote #cc3 ,vmbry1 ,das ,trkenvolk1 p4 #bfh4 ,cf4 ibid4 p4 #daa 7,turkomans74 ,footnote #cd3 von ,haxthausen1 ,transcaucasia1 p4 #dab4 ,footnote #ce3 ,gopvcevi'c1 ,oberalbanien und seine ,liga1 p4 #cbh4 ,footnote #cf3 ,munzinger1 ,ostafrikanische ,studien1 p4 #bjh4 ,among the ,barea and ,kunma a man avenges the death of his guest by killing the guest of the murderer 7ibid4 p4 #dgg74 ,footnote #cg3 ,winterbottom1 ,native ,africans in the ,neighbourhood of ,sierra ,leone1 i4 #bad4 ,hospitality is not only regarded as a duty of the first order1 but has1 in a remarkable degree1 been associated with religion4 ,among the doctrines held up for acceptance by the religious instructors of the ,iroquois there was the following precept3--,if a stranger wander about your abode1 welcome him to your home1 be hospitable towards him1 speak to him with kind words1 and forget not always to mention the ,great ,spirit4#ch ,the natives of ,aneiteum1 of the ,new ,hebrides1 maintained that generous hospitality would receive the highest reward in the ,land of the ,dead4#ci ,the ,kalmucks believe that want of hospitality will be punished by angry gods4#dj ,the ,kandhs say that the first duty which the gods have imposed upon man is that of hospitality2 and persons guilty of the neglect of established observances are punished by the divine wrath1 either during their current lives1 or when they afterwards return to animate other bodies1 the penalties being death1 poverty1 disease1 the loss of children1 or any other form of calamity4#da ,in the sacred books of ,india hospitality is repeatedly spoken of as a most important duty1 the discharge of which will be #egi amply rewarded4 ,the inhospitable man1 the ,vedic singer tell us1 acquires food in vain4 ,i speak the truth--it verily is his death4 4 4 4 ,he who eats alone is nothing but a sinner4#db ,he who does not feed these five1 the gods1 his guests1 those whom he is bound to maintain1 the manes1 and himself1 lives not1 though he breathes4#dc ,according to the ,vishnu ,purna1 a person who neglects a poor and friendless stranger in want of hospitality1 goes to hell4#dd ,on the other hand1 by honouring guests a householder obtains the highest reward4#de ,he who entertains guests for one night obtains earthly happiness1 a second night gains the middle air1 a third heavenly bliss1 a fourth the world of unsurpassable bliss2 many nights procure endless worlds4 ,that has been declared in the ,veda4#df ,it is said in the ,mahabharata that he who gives food freely to a fatigued wayfarer1 whom he has never seen before1 obtains great virtuous merit4#dg ,according to ,hesiod1 ,zeus himself is wrath with him who does evil to a suppliant or a guest1 and at last1 in requital for his deed1 lays on him a bitter penalty4#dh ,plato says3--,in his relations to strangers1 a man should consider that a contract is a most holy thing1 and that all concerns and wrongs of strangers are more directly dependent on the protection of ,god1 than wrongs done to citizens4 4 4 4 ,he who is most able is the genius and the god of the stranger1 who follows in the train of ,zeus1 the god of strangers4 ,and for this reason1 he who has a spark of caution in him1 will do his best to pass through life without sinning against the stranger4 ,and of offences committed1 whether against strangers or fellow-country-men1 that against suppliants is the greatest4#di ,similar opinions prevailed in ancient ,rome4 ,jus hospitii1 whilst #ehj forming no part of the civil law1 belonged to fas2 the stranger1 who enjoyed no legal protection1 was1 as a guest1 protected by custom and religion4#ej ,the dii hospitales and ,jupiter were on guard over him2#ea hence the duties towards a guest were even more stringent than those towards a relative4#eb ,csar#ec and ,tacitus#ed attest that the ,teutons considered it impious to injure a guest or to exclude any human being from the shelter of their roof4 ,the ,god of ,israel was a preserver of strangers4#ee ,in the ,talmud hospitality is described as the most important part of divine worship1#ef as being equivalent to the duty of honouring father and mother1#eg as even more meritorious than frequenting the synagogue4#eh ,muhammedanism likewise regards hospitality as a religious duty4#ei ,whoever1 said the ,prophet1 believes in ,god and the day of resurrection1 must respect his guest4#fj ,but the idea that a guest enjoys divine protection prevailed among the ,arabs long before the times of ,muhammed4#fa ,the ,bedouins say that the guests are guests of ,god4#fb ,the ,christian ,church1 again1 regarded hospitality as a duty imposed by ,christ4#fc ,footnote #ch3 ,morgan1 ,league of the ,iroquois1 p4 #agb4 ,footnote #ci3 ,inglis1 ,in the ,new ,hebrides1 p4 #ca4 ,footnote #dj3 ,bergmann1 op4 cit4 ii4 #bha sq4 ,footnote #da3 ,macpherson1 ',religious ,opinions and ,observances of the ,khonds1' in ,jour4 ,roy4 ,asiatic ,soc4 vii4 #aif4 ,footnote #db3 ,rig-,veda1 x4 #aag4 #f4 ,footnote #dc3 ,laws of ,manu1 iii4 #gb4 ,cf4 ,institutes of ,vishnu1 lxvii4 #de4 ,footnote #dd3 ,vish'nu ,pur'na1 p4 #cje4 ,footnote #de3 ,institutes of ,vishnu1 lxvii4 #bh1 #cb4 ,footnote #df3 pastamba1 ii4 #c4 #g4 #af4 ,footnote #dg3 ,mahabharata1 ,vana ,parva1 ii4 #fa1 pt4 v4 p4 #e4 ,footnote #dh3 ,hesiod1 ,opera et dies1 #cca sq4 7#ccc sq474 ,footnote #di3 ,plato1 ,leges1 v4 #gbi sq4 ,footnote #ej3 ,servius1 ,in ,virgilii neidos1 iii4 #ee3 ,fas omne2 et cognationis1 et iuris hospitii4 von ,jhering1 ,geist des rmischen ,rechts1 i4 #bbg4 ,leist1 ,alt-arisches ,jus ,civile1 i4 #ajc1 #ceh sq4 ,footnote #ea3 ,servius1 ,in ,virgilii neidos1 i4 #gcf4 ,livy1 ,histori ,roman1 xxxix4 #ea4 ,tacitus1 ,annales1 xv4 #eb4 ,plautus1 ,poenuli1 v4 #a4 #be4 ,footnote #eb3 ,gellius1 ,noctes ,attic1 v4 #ac4 #e3 ,in officiis apud maiores ita observatum est1 primum tutelae1 deinde hospiti1 deinde clienti1 tum cognato1 postea affini4 ,footnote #ec3 ,csar1 ,de bello ,gallico1 vi4 #bc4 ,footnote #ed3 ,tacitus1 ,germania1 #ba4 ,footnote #ee3 ,psalms1 cxlvi4 #i4 ,footnote #ef3 ,deutsch1 ,literary ,remains1 p4 #eg4 ,footnote #eg3 ,kiddushin1 fol4 #ci ,b1 quoted by ,hershon1 ,treasures of the ,talmud1 p4 #ade4 ,footnote #eh3 ,sabbath1 fol4 #abg ,a1 quoted by ,katz1 ,der wahre ,talmudjude1 p4 #ajc4 ,footnote #ei3 ,koran1 iv4 #dj sqq4 ,footnote #fj3 ,lane1 ,arabian ,society in the ,middle ,ages1 p4 #adb4 ,footnote #fa3 ,wellhausen1 ,reste arabischen ,heidentums1 p4 #bbc sq4 ,footnote #fb3 ,doughty1 ,arabia ,deserta1 i4 #bbh1 #ejd4 ,footnote #fc3 ,laurent1 tudes sur l'histoire de l',humanit1 vii4 #cdf4 ,that a stranger1 who under other circumstances is treated as an inferior being or a foe1 liable to be robbed and killed with impunity1 should enjoy such extraordinary privileges as a guest1 is certainly one of the most curious contrasts which present themselves to a student of the moral ideas of mankind4 ,it may be asked1 why should #eha he be received at all8 ,of course1 he stands in need of protection and support1 but why should those who do not know him care for that8 ,one answer is that his helpless condition may excite pity2 facts seem to prove that even among savages the altruistic feelings1 however narrow1 can be stirred by the sight of a suffering and harmless stranger4 ,another answer is that the host himself may expect to reap benefit from his act4 ,and there can be little doubt that the rules of hospitality are in the main based on egoistic considerations4 ,it has been justly observed that in uncivilised countries1 where there is no public accommodation for travellers1 hospitality is so necessary1 and so much required by the mutual convenience of all parties1 as to detract greatly from its merit as a moral quality4#fd ,when the stranger belongs to a community with which a reciprocity of intercourse prevails1 it is prudent to give him a hearty reception2 he who is the host to-day may be the guest tomorrow4 ,if the ,red ,indians are hospitable1 says ,domenech1 they also look for their hospitality being returned with the same marks of respect and consideration4#fe ,moreover1 the stranger is a bearer of news and tidings1 and as such may be a welcome guest where communication between different places is slow and rare4#ff ,during my wanderings in the remote forests of ,northern ,finland ,i was constantly welcomed with the phrase1 ,what news8 ,but the stranger may be supposed to bring with him something which is valued even more highly1 namely1 good luck or blessings4 ,footnote #fd3 ,winterbottom1 op4 cit4 i4 #bad4 ,footnote #fe3 ,domenech1 ,seven ,years' ,residence in the ,great ,deserts of ,north ,america1 ii4 #cai4 ,cf4 ,dunbar1 ',pawnee ,indians4' in ,magazine of ,american ,history1 viii4 #gde2 ,brett1 ,indian ,tribes of ,guiana1 p4 #cdg2 ,bernau1 ,missionary ,labours in ,british ,guiana1 p4 #ea2 von den ,steinen1 ,unter den ,naturvlkern ,zentral-,brasiliens1 p4 #ccc sq4 7,bakari72 ,georgi1 op4 cit4 iii4 #aed 7,kamchadales72 ,smeaton1 op4 cit4 p4 #adf 7,karens72 ,ellis1 ,polynesian ,researches1 i4 #ie 7,society ,islanders72 ,pritchard1 ,polynesian ,reminiscences1 p4 #acb1 and ,brenchley1 op4 cit4 p4 #gf 7,samoans72 ,williams and ,calvert1 op4 cit4 p4 #aaj1 and ,anderson1 ,notes of ,travel in ,fiji and ,new ,caledonia1 p4 #ace 7,fijians72 ,chavanne1 ,die ,sahara1 p4 #cic 7,arabs of the ,sahara74 ,footnote #ff3 ,wright1 ,domestic ,manners and ,sentiments in ,england during the ,middle ,ages1 p4 #cbi4 ,during the first days of my stay at ,demnat1 in the ,great ,atlas1 the natives in spite of their hostility towards ,europeans1 said they were quite pleased with my coming to see them1 because ,i had brought with me rain and an increase of the import of victuals1 which just before my arrival had been very scarce4 ,so1 too1 whilst residing among the ,andjra mountaineers in the ,north of ,morocco1 ,i was said to be a person with propitious ankles1 because1 since ,i settled down among them1 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 baraka1 or holiness1 with which they are supposed in a smaller or greater degree to be endowed4 ,the stranger may be a source of good fortune either involuntarily1 as a bearer of luck1 or through his good wishes2 and there is every reason to hope that he will1 if treated hospitably1 return the kindness of his host with a blessing4 ,according to the old traveller d',arvieux1 strangers1 who come to an ,arab village are received by the ,sheikh with some such words as these3--,you are welcome2 praised be ,god that you are in good health2 your arrival draws down the blessing of heaven upon us2 the house and all that is in it is yours1 you are masters of it4#fg ,it is said in one of the sacred books of ,india that through a ,brhmana guest the people obtain rain1 and food through rain1 hence they know that the hospitable reception of a guest is a ceremony averting evil4#fh ,when we read in the ,laws of ,manu that the hospitable reception of guests procures wealth1 fame1 long life1 and heavenly bliss1#fi it is also reasonable to suppose that this supernatural reward is a result of blessings invoked on the host4 ,in the ',suppliants' of ,aeschylus the ,chorus sings3--,let us utter for the ,argives blessings in requital of their blessings4 ,and may ,zeus of ,strangers watch to their fulfilment the rewards that issue from a stranger's tongue1 that #ehc they reach their perfect goal4#gj ,we can now understand the eagerness with which guests are sought for4 ,when a guest enters the hut of a ,kalmuck1 the host1 the hostess1 and everybody in the hut1 rejoice at the arrival of the stranger as at an unexpected fortune4#ga ,among the ,arabs of ,sinai1 if a stranger be seen from afar coming towards the camp1 he is the guest for that night of the first person who descries him1 and who1 whether a grown man or a child1 exclaims1 ',there comes my guest4' ,such a person has a right to entertain the guest that night4 ,serious quarrels happen on these occasions2 and the ,arabs often have recourse to their great oath--',by the divorce 7from my wife7 ,i swear that ,i shall entertain the guest'2 upon which all opposition ceases4#gb ,it is also very usual in the ,east to eat before the gate of the house where travellers pass1 and every stranger of respectable appearance is invariably requested to sit down and partake of the repast4#gc ,among the ,maoris1 no sooner does a stranger appear in sight1 than he is welcomed with the usual cry of ',come hither6 come hither6' from numerous voices1 and is immediately invited to eat of such provisions as the place affords4#gd ,footnote #fg3 d',arvieux1 ,travels in ,arabia the ,desart1 p4 #aca sq4 ,footnote #fh3 ,vasishtha1 xi4 #ac4 ,footnote #fi3 ,laws of ,manu1 iii4 #ajf4 ,footnote #gj3 ,aeschylus1 ,supplices1 #fcb sqq4 ,footnote #ga3 ,bergmann1 op4 cit4 ii4 #bhb4 ,footnote #gb3 ,burckhardt1 ,bedouin and ,wahbys p4 #aih4 ,footnote #gc3 ,idem1 ,arabic ,proverbs1 p4 #bah4 ,chasseboeuf de ,volney1 ,travels through ,syria and ,egypt1 i4 #dac4 ,footnote #gd3 ,yate1 op4 cit4 p4 #ajj4 ,cf4 ,turner1 ,nineteen ,years in ,polynesia1 p4 #cbe 7,samoans72 ,sproat1 op4 cit4 p4 #eg 7,ahts74 ,if efficacy is ascribed to the blessings even of an ordinary man1 the blessings of a stranger are naturally supposed to be still more powerful4 ,for the unknown stranger1 like everything unknown and everything strange1 arouses a feeling of mysterious awe in superstitious minds4 ,the ,ainos say1 ,do not treat strangers slightingly1 for you never know whom you are entertaining4#ge ,according to the ,hitopadesa1 a guest consists of all the deities4#gf ,it is significant that in the writings of ancient ,india1 ,greece1 and ,rome1 guests are mentioned next after gods as due objects of regard4#gg ,thus ,aeschylus speaks of a man's #ehd impious conduct to a god1 or a stranger1 or to his parents dear4#gh ,according to ,homeric notions1 the gods1 in the likeness of strangers from far countries1 put on all manner of shapes1 and wander through the cities1 beholding the violence and the righteousness of men4#gi ,the author of the ,epistle to the ,hebrews writes1 ,be not forgetful to entertain strangers3 for thereby some have entertained angels unawares4#hj ,footnote #ge3 ,batchelor1 ,ainu and their ,folk-,lore1 p4 #bei4 ,footnote #gf3 ,hitopadesa1 ,mitralbh1 #fe4 ,footnote #gg3 ,anugit1 #c1 #ca 7,sacred ,books of the ,east1 viii4 #bdc1 #cfa74 ,gellius1 ,noctes ,attic1 v4 #ac4 #e4 ,footnote #gh3 ,aeschylus1 ,eumenides1 #bgj sq4 ,footnote #gi3 ,odyssey1 xvii4 #dhe sqq4 ,footnote #hj3 ,hebrews1 xiii4 #b4 ,the visiting stranger1 however1 is regarded not only as a potential benefactor1 but as a potential source of evil4 ,he may bring with him disease or ill-luck4 ,he is commonly believed to be versed in magic2#ha and the evil wishes and curses of a stranger are greatly feared1 owing partly to his quasi-supernatural character1 partly to the close contact in which he comes with the host and his belongings4 ,footnote #ha3 ,frazer1 ,golden ,bough1 i4 #bih sqq4 ,in the ,mentawey ,islands1 in the ,malay ,archipelago1 if a stranger enters a house where there are children1 the father or some other member of the family who happens to be present1 takes the ornament with which the children decorate their hair1 and hands it to the stranger1 who holds it in his hands for a while1 and then gives it back2 this is supposed to protect the child from the evil effect which the eye of a stranger might have on it4#hb ,with reference to the ,californian ,pomo1 ,mr4 ,powers states1 ,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 it1 but uttering no word--and the owner holds himself bound in savage honour to make the exchange1 whether it is a fair one or not4 ,when we compare this idea of savage honour with certain cases mentioned in the last chapter1 we cannot doubt that it is based on superstitious fear2 indeed1 the next day the former owner of the article may thrust the stranger through with his spear1 or crush his forehead with a pebble from his sling1 and the bystanders will look #ehe upon it as only the rectification of a bad bargain4#hc ,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 hearth4#hd ,according to ,greek ideas1 guests and suppliants had their ,erinyes#he --personifications of their curses2 and it would be difficult to attribute any other meaning to the genius 7,greek3 dai_/mn7 and the god of the stranger1 who follow in the train of ,zeus1 spoken of by ,plato1 and to the ,roman dii hospitales1 in their capacity of avengers of injuries done to guests4 ,aeschylus represents ,apollo as saying1 ,i shall assist him 7,orestes71 and rescue my own suppliant2 for terrible both among men and gods is the wrath of a refugee1 when one abandons him with intent4#hf ,it is no doubt the same idea that the ,chorus in the ',suppliants' expresses1 in a modified form1 when singing3--,grievous is the wrath of ,zeus ,petitionary4 4 4 4 ,i must needs hold in awe the wrath of ,zeus ,petitionary1 for that is the supremest on earth4#hg pastamba's ,aphorisms contain a stra the object of which is to show the absolute necessity of feeding a guest1 owing to the fact that1 if offended1 he might burn the house with the flames of his anger2#hh for a guest comes to the house resembling a burning fire1#hi a guest rules over the world of ,indra4#ij ,according to the ,institutes of ,vishnu1 one who has arrived as a guest and is obliged to turn home disappointed in his expectations1 takes away from the man to whose house he has come his religious merit1 and throws his own guilt upon him2#ia and the #ehf same idea is found in many other ancient books of ,india4#ib ,that a dissatisfied guest1 or a ,brhmana1#ic thus takes with him the spiritual merit of his churlish host1 allows of a quite literal interpretation4 ,in ,morocco1 a ,shereef is generally unwilling to let a stranger kiss his hand1 for fear lest the stranger should extract from him his baraka1 or holiness2 and the ,shereefs of ,wazzari are reputed to rob other ,shereefs1 who visit them1 of their holiness1 should the latter leave behind any remainder of their meals1 even though it be only a bone4 ,footnote #hb3 ,rosenberg1 ,der ,malayische ,archipel1 p4 #aih4 ,footnote #hc3 ,powers1 op4 cit4 p4 #aec4 ,the same privilege as the perfect stranger possesses among the ,pomo1 was granted by the tribes of the ,niger ,delta to the ,ibo girl who was destined to be offered as a sacrifice4 ,she was allowed to claim any piece of cloth or any ornament she set her eyes upon1 and the native to whom it belonged was obliged to present it to her 7,comte de ,cardi1 ',ju-ju ,laws and ,customs1' in ,jour4 ,anthr4 ,inst4 xxix4 #ed74 ,footnote #hd3 ,ratzel1 ,history of ,mankind1 #dhj4 ,footnote #he3 ,plato1 ,epistol1 viii4 #ceg4 ,apollonius ,rhodius1 ,argonautica1 iv4 #ajdb sq4 ,footnote #hf3 ,aeschylus1 ,eumenides1 #bcb sqq4 ,footnote #hg3 ,idem1 ,supplices1 #cdi1 #dhi4 ,footnote #hh3 ,sacred ,books of the ,east ii4 #aad1 n4 #c4 ,footnote #hi3 pastamba1 ii4 #c4 #f4 #c4 ,footnote #ij3 ,laws of ,manu1 iv4 #ahb4 ,footnote #ia3 ,institutes of ,vishnu1 lxvii4 #cc4 ,footnote #ib3 ,vasishtha1 viii4 #f4 ,laws of ,manu1 ii4 #ajj4 ,hitopadesa1 ,mitralbh1 #fd4 ,footnote #ic3 ,vasishtha1 viii4 #f4 ,laws of ,manu1 iii4 #ajj4 ,the efficacy of a wish or a curse depends not only upon the potency which it possesses from the beginning1 owing to certain qualities in the person from whom it originates1 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 conductor4 ,as particularly efficient conductors are regarded blood1 bodily contact1 food1 and drink4 ,in ,morocco1 the duties of a host are closely connected with the institution of l-7r1 one of the most sacred customs of that country4 ,if a person desires to compel another to help him1 or to forgive him1 or1 generally1 to grant some request1 he makes 7r on him4 ,he kills a sheep or a goat or only a chicken at the threshold of his house1 or at the entrance of his tent2 or he grasps with his hands either the person whom he invokes1 or that person's child1 or the horse which he is riding2 or he touches him with his turban or a fold of his dress4 ,in short1 he establishes some kind of contact with the other person1 to serve as a conductor of his wishes and of his conditional curses4 ,it is universally believed that1 if the person so appealed to does not grant the request1 his own welfare is at stake1 and that the danger is particularly great if an animal has been killed at his door1 and he steps over the blood or only catches a glimpse of it4 ,as appears from the expression1 ,this is 7r on you if you do not do this or that1 the blood1 or #ehg the direct bodily contact1 is supposed to transfer to the other person a conditional curse3--,if you do not help me1 then you will die1 or your children will die1 or some other evil will happen to you4 ,so also the owner of a house or a tent to which a person has fled for refuge must1 in his own interest1 assist the fugitive1 who is in his 7r2 for1 by being in his dwelling1 the refugee is in close contact with him and his belongings4 ,again1 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 saint4 ,the true meaning of this is made perfectly clear by the phrase that the food will repay him who breaks the compact4 ,the sacredness of the place adds to the efficacy of the imprecation1 but its vehicle1 the real punisher1 is the eaten food1 because it embodies a conditional curse4 ,now the idea underlying these customs is certainly not restricted to ,morocco4 ,as will be shown in subsequent chapters1 blood is very commonly used as a conductor of conditional curses2 for instance1 one object of the practice of sacrifice is to transfer an imprecation to the god by means of the blood of the victim4 ,bodily contact is another common means of communicating curses2 and this accounts for many remarkable cases of compulsory hospitality and protection which have been noticed in different quarters of the world4 ,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 hatchet1 will defend him at the risk of his own life as soon as he has passed his threshold4#id ,in the ,pelew ,islands an enemy may not be killed in a house1 especially not in the presence of the host4#ie ,if an ,ossetian receives into his house a stranger whom he afterwards discovers to be a man to whom he owes blood-revenge1 this makes no difference in his hospitality2 but when the guest takes his leave1 the #ehh host accompanies him to the boundary of the village1 and on parting from him exclaims1 ,henceforth beware6#if ,among the ,kandhs1 if a man can make his way by any means into the house of his enemy he cannot be touched1 even though his life has been forfeited to his involuntary host by the law of blood-revenge4#ig ,in none of these cases is an explanation given of the extraordinary privilege granted to the stranger2 but it seems highly probable that it has the same origin as the exactly similar custom prevalent among the ,moors4 ,in other words1 as soon as the stranger has come in touch with a person by entering his house1 he is thought to be able to transmit to that person and his family and his property any evil wishes he pleases4 ,so1 also1 in the ,east any stranger may place himself under the protection of an ,arab by merely touching his tent or his tent-ropes1#ih and after this is done it would be reckoned a disgraceful meanness1 an indelible shame1 to satisfy even a just vengeance at the expense of hospitality4#ii ,amongst the ,shammar1 says ,layard1 if a man can seize the end of a string or thread1 the other end of which is held by his enemy1 he immediately becomes his ,dakheel or protg4 ,if he touch the canvas of a tent1 or can even throw his mace towards it1 he is the ,dakheel of its owner4 ,if he can spit upon a man or touch any article belonging to him with his teeth1 he is ,dakhal1 unless of course1 in case of theft1 it be the person who caught him4 4 4 4 ,the ,shammar never plunder a caravan within sight of their encampment1 for as long as a stranger can see their tents they consider him their ,dakheel4#ajj ,but one of the ,bedouin tribes described by ,lady ,anne and ,mr4 ,blunt1 whilst ready to rob the stranger who comes to their tents1 #ehi count their hospitality as beginning only from the moment of his eating with them4#aja ,all ,bedouins regard the eating of salt together as a bond of mutual friendship1 and there are tribes who quite in accordance with the ,moorish principle1 the food will repay you--require to renew this bond every twenty-four hours1 or after two nights and the day between them1 since otherwise1 as they say1 the salt is not in their stomachs1#ajb and can therefore no longer punish the person who breaks the contract4 ,the salt which gives a claim to protection consists in eating even the smallest portion of food belonging to the protector4#ajc ,the ,sultan ,saladin did not allow the ,crusader ,renaud de ,chatillon1 when brought before him as a prisoner1 to quench his thirst in his tent1 for1 had he drunk water there1 the enemy would have been justified in regarding his life as safe4#ajd ,we find a similar custom among the ,omaha ,indians3 should an enemy appear in the lodge and receive a mouthful of food or water1 or put the pipe in his mouth1 he cannot be injured by any member of the tribe1 as he is bound for the time being by the ties of hospitality1 and they are compelled to protect him and send him home in safety4#aje ,in these and similar cases1 where there is no common meal1 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 host1 according to the principle of pars pro toto4 ,this is an idea very familiar to the primitive mind4 ,it lies1 for instance1 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 them1 #eij out of dread lest the residue of their meal should be eaten by somebody else4#ajf ,the magic wire may conduct imprecations in either direction4 ,in ,morocco1 if a person gives to another some food or drink1 it is considered dangerous1 not only for the recipient to receive it without saying1 ,in the name of ,god1 but also for the giver to give it without uttering the same formula1 by way of precaution4#ajg ,footnote #id3 ,wilkes1 ,u4,s4 ,exploring ,expedition1 iii4 #gg4 ,footnote #ie3 ,kubary1 ',die ,palau-,inseln in der ,sdsee1' in ,journal des ,museum ,godeffroy1 iv4 #be4 ,footnote #if3 von ,haxthausen1 ,transcaucasia1 p4 #dab4 ,footnote #ig3 ,macpherson1 ,memorials of ,service in ,india1 p4 #ff4 ,footnote #ih3 ,robertson ,smith1 ,kinship and ,marriage in ,early ,arabia1 p4 #dh4 ,blunt1 ,bedouin ,tribes of the ,euphrates1 ii4 #baa4 ,footnote #ii3 ,chasseboeuf de ,volney1 op4 cit4 i4 #dab4 ,footnote #ajj3 ,layard1 op4 cit4 p4 #cag sq4 ,burckhardt says 7,bedouins and ,wahbys1 p4 #gb7 that one of the most common oaths in the domestic life of the ,bedouins is to take hold with one hand of the wasat1 or middle tent-pole1 and to swear 'by the life of this tent and its owners4' ,footnote #aja3 ,blunt1 op4 cit4 ii4 #baa4 ,footnote #ajb3 ,burton1 ,pilgrimage to ,al-,madinah and ,meccah1 ii4 #aab4 ,doughty1 op4 cit4 i4 #bbh4 ,footnote #ajc3 ,burckhardt1 ,bedouins and ,wahbys1 p4 #ahg4 ,quatremre1 ',mmoire sur les asiles chez les ,arabes1' in ,mmoires de l',institut de ,france1 ,acadmie des ,inscriptions et ,belles-,lettres1 xv4 pt4 ii4 #cdf sqq4 ,footnote #ajd3 ,quatremre1 loc4 cit4 p4 #cdf4 ,footnote #aje3 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #bga4 ,footnote #ajf3 ,shortland1 ,traditions and ,superstitions of the ,new ,zealanders1 pp4 #hf1 #ig4 ,cf4 ,ellis1 ,tour through ,hawaii1 p4 #cdg2 ,harmon1 op4 cit4 p4 #cfa 7,indians on the east side of the ,rocky ,mountains74 ,footnote #ajg3 ,isaac also blessed his son by eating of his food 7,genesis1 xxvii4 #d1 #ai1 #bd74 ,the subject of hospitality has been incidentally dealt with by ,mr4 ,crawley in his interesting book1 ,the ,mystic ,rose 7p4 #bci sqq42 cf41 also1 p4 #abd sqq474 ,i must leave the reader to decide how far the theory ,i am here advocating1 which mainly rests upon my researches in ,morocco1 coincides with his4 ,all through his book ,mr4 ,crawley lays much emphasis on the principle of transference2 but1 if ,i understand him rightly1 he also regards commensality as involving a supposed exchange of personality between the host and the guest1 in consequence of which injury done to ,b by ,a is equivalent to injury done by ,a to himself 7p4 #bcg74 ,to this opinion ,i cannot subscribe 7cf4 infra1 on the ,origin and ,development of the ,altruistic ,sentiment74 ,so far as ,i can see1 the mutual obligations arising from eating together are fundamentally based on the idea that the common meal serves as a conductor of conditional imprecations4 ,the stranger thus being looked upon as a more or less dangerous individual1 it is natural that those who are exposed to the danger should do what they can to avert it4 ,with this end in view certain ceremonies are often performed immediately on his arrival4 ,many such reception ceremonies have been described by ,dr4 ,frazer1#ajh 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 influences4 ,i am told by a native that among some of the nomadic ,arabs of ,morocco1 as soon as a stranger appears in the village1 some water1 or1 if he be a person of distinction1 some milk1 is presented to him4 ,should he refuse to partake of it1 he is not allowed to go freely about1 but has to stay in the village mosque4 ,on asking for an explanation of this custom1 ,i was told that it is a precaution against the stranger2 should he steal or otherwise misbehave himself1 the drink would cause his knees to swell so that he could not escape4 ,in other words1 he has drunk a conditional curse4#aji ,the #eia ,arabs of a tribe in ,nejd welcome a guest by pouring on his head a cup of melted butter1#aaj the ,south ,african ,herero greet him with a vessel of milk4#aaa ,sir ,s4 ,w4 ,baker describes a reception custom practised by the ,arabs on the ,abyssinian frontier1 which is exactly similar to one form of l-7r of the ,moors3--,the usual welcome upon the arrival of a traveller1 who is well received in an ,arab camp1 is the sacrifice of a fat sheep1 that should be slaughtered at the door of his hut or tent1 so that the blood flows to the threshold4#aab ,reception sacrifices also occur among the ,shulis1#aac in ,liberia1#aad and in ,afghanistan4#aae ,among the ,indians of ,north ,america1 again1 it is a common rule that a dish of food should be placed before the new-comer immediately on his arrival1 that he should taste of it even though he has just arisen from a feast1 and that no word should be spoken to him or no question put to him until he has partaken of the food4#aaf ,among the ,omahas the master of the house is evidently ill at ease1 until the food is prepared for eating2 he will request his squaws to expedite it1 and will even stir the fire himself4#aag ,among many peoples it is considered necessary that the host should give food to his guest before he eats himself4 ,this is a rule on which much stress is laid in the literature of ancient ,india4#aah ,a ,brhmana never takes food without having offered it duly to gods and guests4#aai ,he who eats before his guest consumes the rood1 the prosperity1 the issue1 the cattle1 the merit which his family acquired by sacrifices and charitable works4#abj ,it is probable that this punishment has something to do #eib with the evil eye of the neglected guest1 for the idea of eating the evil wishes of others was evidently quite familiar to the ancient ,hindus4 ,it is said in pastamba's ,aphorisms3--,a guest who is at enmity with his host shall not eat his food1 nor shall he eat the food of a host who hates him or accuses him of a crime1 or of one who is suspected of a crime4 ,for it is declared in the ,veda that he who eats the food of such a person eats his guilt4#aba ,in ,tonga ,islands1 at meals strangers or foreigners are always shewn a preference1 and females are helped before men of the same rank--according to our informant1 because they are the weaker sex and require attention4#abb ,as to the correctness of this explanation1 however1 ,i have some doubts2 the ,moors1 also1 at their feasts1 allow the women to eat first1 and one reason they give for this custom is that otherwise the hungry women might injure the men with their evil eyes4 ,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 them2#abc and that their abstinence is due to superstitious fear is all the more probable as1 among the same people1 it is the custom for the guest invariably to carry away with him all that remains of the entertainment4#abd ,footnote #ajh3 ,frazer1 ,golden ,bough1 i4 #bii sqq4 ,footnote #aji3 ,cf4 the trial of jealousy in ,numbers4 v4 #aa sqq41 particularly verse #bb3 ,this water that causeth the curse shall go into thy bowels1 to make thy belly to swell1 and thy thigh to rot4 ,footnote #aaj3 ,burckhardt1 ,bedouins and ,wahbys1 p4 #ajb4 ,footnote #aaa3 ,ratzel1 op4 cit4 ii4 #dhj4 ,footnote #aab3 ,baker1 ,nile ,tributaries of ,abyssinia1 p4 #id4 ,footnote #aac3 ,emin ,pasha in ,central ,africa1 p4 #ajg4 ,footnote #aad3 ,trumbull1 ,threshold ,covenant1 p4 #i4 ,footnote #aae3 ,frazer1 ,golden ,bough1 i4 #cjc4 ,footnote #aaf3 ,lafitau1 op4 cit4 ii4 #hh4 ,james1 ,expedition to the ,rocky ,mountains1 i4 #cba sq4 ,morgan1 ,league of the ,iroquois1 p4 #cbh4 ,sproat1 op4 cit4 p4 #eg 7,ahts74 ,footnote #aag3 ,james1 op4 cit4 i4 #cbb4 ,footnote #aah3 ,gautama1 v4 #be4 ,footnote #aai3 ,mahabharata1 ,shanti ,parva1 clxxxix4 #b sq41 pt4 xxviii4 sq4 p4 #bha4 ,footnote #abj3 pastamba1 ii4 #c4 #g4 #c4 ,footnote #aba3 ,ibid4 ii4 #c4 #f4 #ai sq4 ,cf4 ,proverbs1 xxiii4 #f3 ,eat not the bread of him that hath an evil eye4 ,footnote #abb3 ,mariner1 op4 cit4 ii4 #aed4 ,footnote #abc3 ,ellis1 ,tour through ,hawaii1 p4 #cdg4 ,footnote #abd3 ,ibid4 p4 #cdg4 ,among the precautions taken against the visiting stranger kind and respectful treatment is of particularly great importance4 ,no traveller among an ,arabic-speaking people can fail to notice the contrast between the lavish welcome and the plain leave-taking4 ,the profuse greetings mean that the stranger will be treated as a friend and not as an enemy2 and it is particularly desirable to secure his good-will in the beginning1 since the first glance of an evil eye is always held to be the most dangerous4 ,we can now realise that the extreme regard shown to a guest1 and the preference given to him in every matter1 must1 in a #eic large measure1 be due to fear of his anger1 as well as to hope of his blessings4 ,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 curses1 as also the benefits which may be supposed to result from his love4#abe ,and when the guest leaves1 it is wise of the host to accept no reward2 for there maybe misfortune in the stranger's gift4 ,footnote #abe3 ,egede informs us 7op4 cit4 p4 #adj7 that the native women of ,greenland thought themselves fortunate if an ,angekokk1 or prophet1 honoured them with his caresses2 and some husbands even paid him for having intercourse with their wives1 since they believed that the child of such a holy man could not but be happier and better than others4 ,some similar belief may be held in regard to intercourse with a guest1 though ,i can adduce no direct evidence for my supposition4 ,cf4 also the jus primae noctis accorded to priests 7,westermarck1 ,history of ,human ,marriage1 p4 #gf sq42 cf4 ibid4 p4 #hj74 ,that hospitality should be free of cost is implied in the very meaning of the word4 ,wherever the custom of entertaining guests has been preserved pure and genuine1 remuneration is neither asked nor expected2 indeed1 to offer payment would give offence1 and to accept it would be disgraceful4#abf ,such a custom might no doubt result from absence or scarcity of money1 as it cannot be expected that the wandering stranger shall carry with him heavy presents to all his future hosts2 and where the intercourse is mutual1 the hospitable man may hope one day to be paid back in his own coin4 ,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 hospitality4 ,the acceptance of gifts is frequently considered to be connected with some danger4 ,according to rules laid down in the sacred books of ,india1 he who is about to accept gifts1 or he who has accepted gifts1 must repeatedly recite the four ,vedic verses called ,taratsamands2#abg or all gifts are to be preceded by pouring out #eid water into the extended palm of the recipient's right hand1#abh evidently because the water is supposed to cleanse the gift from the baneful energy with which it may be saturated4 ,on the other hand1 without a full knowledge of the rules prescribed by the sacred law for the acceptance of presents1 a wise man should not take anything1 even though he may pine with hunger4 ,but an ignorant man who accepts gold1 land1 a horse1 a cow1 food1 a dress1 sesamum-grains1 or clarified butter1 is reduced to ashes like a piece of wood4 4 4 4 ,hence an ignorant man should be afraid of accepting any presents2 for by reason of a very small gift even a fool sinks into hell as a cow into a morass4#abi ,moreover1 a gift1 to be accepted by a ,brhmana1 ought to be given voluntarily1 not to be asked for4#acj ,so1 too1 ,hebrew writers are anxious to inculcate the duty of giving alms with an ungrudging eye1 as also of not giving anything before witnesses--the latter1 perhaps1 with a view to preventing the evil influence which is likely to emanate from an envious spectator4#aca ,an ,atlas ,berber1 who had probably never before had anything to do with a ,european1 spat on the coin which ,i gave him for rendering me a service1 and my native friends told me that he did so for fear lest the coin1 owing to some sorcery on my part1 should not only itself return to me1 but at the same time take with it all the money with which it had been in contact in his bag4 ,of the ,annamites it is said that for fear of bringing ill-luck into the place the people even decline presents4#acb ,footnote #abf3 ,veniaminof1 quoted by ,dall1 op4 cit4 p4 #cig 7,aleuts74 ,bartram1 in ,trans4 ,american ,ethn4 ,soc4 iii4 pt4 i4 #db4 ,foreman1 ,philippine ,islands1 p4 #ahg 7,tagalogs74 ,hunter1 ,annals of ,rural ,bengal1 i4 #baf4 ,bogle1 ,narrative of ,mission to ,tibet1 p4 #aji sq4 ,vmbry1 ,das ,trkenvolk1 p4 #fad 7,turks in ,asia ,minor74 ,robinson1 ,biblical ,researches in ,palestine1 ii4 #ah sq42 ,burton1 ,pilgrimage to ,al-,madinah ,meccah1 i4 #cf2 ,blunt1 op4 cit4 ii4 #bab2 ,lane1 ,modern ,egyptians1 p4 #big 7,bedouins74 ,krauss1 ,die ,sdslaven1 p4 #fdh4 ,footnote #abg3 ,baudhyana1 iv4 #b4 #d4 ,footnote #abh3 pastamba1 ii4 #d4 #i4 #h4 ,bhler1 in ,sacred ,books of the ,east1 ii4 #abb1 n4 #h ,footnote #abi3 ,laws of ,manu1 iv4 #ahg1 #ahh1 #aia4 ,footnote #acj3 ,ibid4 iv4 #bdg sq4 ,footnote #aca3 ,tobit1 iv4 #g4 ,kohler1 in ,jewish ,encyclopedia1 i4 #dcf4 ,cf4 ,st4 ,matthew1 vi4 #a sqq42 ,brandt1 ,mandische ,schriften1 pp4 #bh1 #fd3 ,if you give alms do not do it before witnesses4 ,the ,mandans were also forbidden to eat food prepared by a stranger or to take a meal in his company 7,brandt1 ,mandische ,religion1 p4 #id74 ,footnote #acb3 ,ratzel1 op4 cit4 iii4 #dah4 ,the duty of hospitality is probably always limited by time1 even though1 among some peoples1 a guest is said to be entertained as long as he pleases to stay4#acc ,according #eie to ,teutonic custom1 a guest might tarry only up to the third day4#acd ,the ,anglo-,saxon rule was1 ,two nights a guest1 the third night one of the household1 that is1 a slave4#ace ,a ,german proverb says1 ,den ersten ,tag ein ,gast1 den zweiten eine ,last1 den dritten stinkt er fast4#acf ,so1 also1 the ,southern ,slavs declare that a guest and a fish smell on the third day4#acg ,burckhardt states that1 among the ,bedouins1 if the stranger intends to prolong his visit after a lapse of three days and four hours from the time of his arrival1 it is expected that he should assist his host in domestic matters2 should he decline this1 he may remain1 but will be censured by all the ,arabs of the camp4#ach ,the ,moors say that the hospitality of the ,prophet lasts for three days2 the first night the guest is entertained most lavishly1 for then1 but only then1 he is the guest of ,god4 ,the ,prophet laid down the following rule3 ,whoever believes in ,god and the day of resurrection1 must respect his guest2 and the time of being kind to him is one day and one night2 and the period of entertaining him is three days2 and after that1 if he does it longer1 he benefits him more2 but it is not right for a guest to stay in the house of the host so long as to incommode him4#aci ,according to ,javanese custom1 it is a point of honour to supply a stranger with food and accommodation for a day and a night at least4#adj ,among the ,kalmucks special honour is paid to a stranger for one day only1 whereas1 if he remains longer1 he is treated without ceremonies4#ada ,growing familiarity with the stranger naturally tends to dispel the superstitious dread which he inspired at first1 and this1 combined with the feeling that it is unfair of him to live at his host's expense longer than necessity requires1 seems to account for the #eif rapid decline of his extraordinary privileges and for the short duration of his title to hospitable treatment4 ,footnote #acc3 ,veniaminof1 quoted by ,dall1 op4 cit4 p4 #cig 7,aleuts74 ,morgan1 ,league of the ,iroquois1 p4 #cbh4 ,bartram1 in ,trans4 ,american ,ethn4 ,soc4 iii4 pt4 i4 #db 7,creeks and ,cherokee ,indians74 ,footnote #acd3 ,grimm1 ,deutsche ,rechtsalterthmer1 p4 #djj4 ,weinhold1 ,altnordisches ,leben1 p4 #ddg4 ,footnote #ace3 ,quoted in ,leges ,edwardi ,confessoris1 #bc3 ,tuua nicte geste e irdde nicte agen hine4 ,cf4 ,laws of ,cnut1 ii4 #bh2 ,laws of ,hlothhre and ,eadric1 #ae2 ,leges ,henrici ,i4 viii4 #e4 ,footnote #acf3 ,weinhold1 op4 cit4 p4 #ddg4 ,footnote #acg3 ,krauss1 op4 cit4 p4 #feh4 ,footnote #ach3 ,burckhardt1 ,bedouins and ,wahbys1 p4 #aja sq4 ,footnote #aci3 ,lane1 ,arabian ,society1 p4 #adb sq4 ,footnote #adj3 ,crawfurd1 op4 cit4 i4 #ec4 ,footnote #ada3 ,bergmann1 op4 cit4 ii4 #bhe4 ,contrary to what is the case with other duties which men owe to their fellow-creatures1 in every progressive society we find hospitality on the wane4 ,in the later days of ,greece and ,rome it almost dwindled into a survival4#adb ,in the ,middle ,ages hospitality was extensively practised by high and low2 it was enjoined by the tenets of ,chivalry1#adc and the poorer people1 also1 considered it disgraceful to refuse to share their meals with a needy stranger4#add ,however1 in the reign of ,henry ,,iv41 ,thomas ,occlif complains of the decline of hospitality in ,england2 and in the middle of the ,elizabethan age1 ,archbishop ,sandys says that it is come to pass that hospitality itself is waxen a stranger4#ade ,the reasons for this decline are not difficult to find4 ,increasing intercourse between different communities or different countries not only makes hospitality an intolerable burden1 but leads to the establishment of inns1 and thus hospitality becomes superfluous4 ,it habituates the people to the sight of strangers1 and1 in consequence1 deprives the stranger of that mystery which surrounds the lonely wanderer in an isolated district whose inhabitants have little communication with the outside world4 ,and1 finally1 increase of intercourse gives rise to laws which make an individual protector needless1 by placing the stranger under the protection of the ,state4 ,footnote #adb3 ,becker-,goll1 ,charikles1 ii4 #c sqq4 ,idem1 ,gallus1 iii4 #bh sqq4 ,footnote #adc3 ,sainte-,palaye1 ,mmoires sur l'ancienne chevalerie1 i4 #caj4 ,footnote #add3 ,wright1 ,domestic ,manners and ,sentiments in ,england during the ,middle ,ages1 p4 #cbi sqq4 ,footnote #ade3 ,sandys1 ,sermons1 p4 #dja4 ,,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 freedom4 ,in its absolute form the right of liberty may be granted to a perfect being1 but has no existence on earth4 ,ever since the conduct of men became subject to moral censure1 the right of doing what they pleased was eo ipso denied them2 and in resisting wrong men have not only in various ways interfered with the liberty of their fellow-creatures1 but have considered such interference to be their right or even their duty4 ,as to the question what conduct is wrong opinions have differed1 and so also as to the proper means of interference2 but with neither of these questions are we concerned at present4 ,nor shall ,i deal with the subject of political liberty1 nor with such restrictions as people lay on their own freedom by contract4 ,i shall only consider facts bearing upon that state of subjection to which large classes of individuals are doomed by custom or law1 on account of their birth or other circumstances beyond their own control--the subjection of children1 wives1 and slaves to their parents1 husbands1 or masters4 ,among the lower races every family has its head1 who exercises more or less authority over its members4 ,in some instances where the maternal system of descent prevails1 a man's children are in the power of the head of #eih their mother's family or of their maternal uncle2#a but this is by no means the rule even among peoples who reckon kinship through females only4 ,the facts which have been adduced as examples of the so-called mother-right in most instances imply1 chiefly1 that children are named after their mothers1 not after their fathers1 and that property and rank descend exclusively in the female line2#b and this is certainly very different from a denial of paternal rights4#c ,among those ,australian tribes which have the system of maternal descent the father is distinctly said to be the master of his children4#d ,in ,melanesia1 where the clan of the children is determined by that of the mother1 she is1 to quote ,dr4 ,codrington1 in no way the head of the family4 ,the house of the family is the father's1 the garden is his1 the rule and government are his4#e ,as regards the ,iroquois--among whom1 at the death of a man1 his property is divided between his brothers1 sisters1 and mother's brothers1 whilst the property of a woman is transmitted to her children and sisters#f--we are told that the mother superintends the children1 but that the word of the father is law and must be obeyed by the whole household4#g ,among the ,mpongwe1 who reckon kinship through the mother1 the father has by law unrestricted power over his children4#h ,and in ,madagascar1 where children generally follow the condition of the mother1#i the commands of a father or an ancestor are1 among all the tribes1 held as most sacredly binding upon his descendants4#aj ,whatever might have been the case in earlier times1 it is a fact beyond dispute that among the great bulk of existing savages children are in the power of #eii their father1 though he may to some extent have to share his authority with the mother4 ,footnote #a3 ,westermarck1 ,history of ,human ,marriage1 p4 #dj sq4 ,grosse1 ,die ,formen der ,familie1 p4 #ahc sq4 ,post1 ,afrikanische ,jurisprudenz1 i4 #ea sq4 ,marsden1 ,history of ,sumatra1 p4 #bfb sq4 ,footnote #b3 ,westermarck1 op4 cit4 p4 #ig4 ,footnote #c3 ,see von ,dargun1 ,mutterrecht und ,vaterrecht1 p4 #c sqq4 ,footnote #d3 ,curr1 ,the ,australian ,race1 i4 #fj1 #fa1 #fi4 ,footnote #e3 ,codrington1 ,melanesians1 p4 #cd4 ,footnote #f3 ,westermarck1 op4 cit4 p4 #aaj4 ,footnote #g3 ,seaver1 ,narrative of the ,life of ,mrs4 ,mary ,jemison1 p4 #afe4 ,footnote #h3 ,hbbe-,schleiden1 ,ethiopien1 pp4 #aea1 #aec4 ,footnote #i3 ,westermarck1 op4 cit4 p4 #ajc4 ,footnote #aj3 ,sibree1 ,the ,great ,african ,island1 p4 #cbf4 ,the extent of the father's power1 however1 is subject to great variations4 ,among some savage peoples1 as we have seen1 he may destroy his new-born child2 among others infanticide is prohibited by custom4 ,among some he may sell his children1#aa among others such a right is expressly denied him4#ab ,frequently he gives away his daughter in marriage without consulting her wishes2 but in other cases her own consent is required1 or she is allowed to choose her husband herself4#ac ,marriage by purchase does not imply that a girl is sold by her father in the same manner1 and with the same authority1 with which he would dispose of a cow4#ad ,it seems that the paternal authority is always in some degree limited by public opinion4 ,among the ,kfirs of the ,hindu-,kush1 for instance1 though the head of the house is described as an autocrat in his own family1 the son1 backed by public opinion1 may1 and does1 openly quarrel with and threaten his father in cases when the father's actions have been of a particularly gross character4#ae ,footnote #aa3 ,schadenberg1 ',negritos der ,philippinen1' in ,zeitschr4 f4 ,ethnologie1 xii4 #acg4 ,post1 ,afrikanische ,jurisprudenz1 i4 #ea sq4 7,bogos1 ,fantis1 ,dahomans74 ,paulitschke1 ,ethnographie ,nordost-,afrikas1 p4 #ahi4 ,leuschner1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #af sq4 7,bakwiri74 ,among the ,banaka and ,bapuku1 in the ,cameroons1 the father may give his daughter in payment for a debt1 but not his son 7ibid4 p4 #ca74 ,footnote #ab3 ,kraft1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #bhe 7,wapokomo74 ,rautanen1 ibid4 p4 #cbi 7,ondonga74 ,footnote #ac3 ,westermarck1 op4 cit4 p4 #bae sqq4 ,footnote #ad3 ,leslie1 ,among the ,zulus and ,amatongas1 p4 #aid4 ,westermarck1 op4 cit4 ch4 x4 ,footnote #ae3 ,robertson1 ,kfirs of the ,hindu-,kush1 p4 #dgd4 ,the essence of dependence lies in obedience and submission4 ,to judge from what is said about children's behaviour towards their parents1 the authority of the father must among some savages be practically very slight4 ,the ,south ,american ,charruas ne dfendent rien leurs enfans1 et ceux-ci n'ont aucun respect pour leurs pres4#af ,among the ,brazilian ,indians1 according to von ,martius1 respect and obedience on the part of children towards their parents are unknown4#ag #fjj ,among the ,tarahumares of ,mexico the children grow up entirely independent1 and if angry a boy may even strike his father4#ah ,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 obedience1 or to go a single step in their service2#ai but this does not seem to hold good of all of their tribes4#bj ,of the ,kamchadales ,steller states that the children insult their parents with all sorts of bad talk1 stand in no fear of them1 obey them in nothing1 and are consequently never commanded to do anything1 nor punished4#ba ,footnote #af3 ,azara1 ,voyages dans l',amrique mridionale1 ii4 #bc4 ,footnote #ag3 von ,martius1 in ,jour4 ,roy4 ,geo4 ,soc4 ii4 #aii4 ,cf4 ,southey1 ,history of ,brazil1 iii4 #chg 7,guaycurus74 ,footnote #ah3 ,lumholtz1 ,unknown ,mexico1 p4 #bge4 ,footnote #ai3 ,georgi1 ,russia1 iii4 #bab4 ,footnote #bj3 ,veniaminof1 quoted by ,petroff1 ',report on ,alaska1' in ,tenth ,census of the ,united ,states1 pp4 #aee1 #aeh4 ,footnote #ba3 ,steller1 ,beschreibung von dem ,lande ,kamtschatka1 p4 #cec4 ,cf4 ,georgi1 op4 cit4 iii4 #aeh4 ,other savages1 again1 are by no means deficient in filial piety4#bb ,footnote #bb3 ,im ,thurn1 ,among the ,indians of ,guiana1 p4 #bac4 ,schwaner1 ,borneo1 i4 #afb 7,malays of the ,barito ,river in ,borneo74 ,worcester1 ,philippine ,islands1 p4 #dha4 ,lewin1 ,hill ,tracts of ,chittagong1 p4 #ajb 7,kukis74 ,vmbry1 ,trkenvolk1 p4 #bfh 7,kara-,kirghiz74 ,macpherson1 ,memorials of ,service in ,india1 p4 #fg2 ,hunter1 ,annals of ,rural ,bengal1 iii4 #gb 7,kandhs74 ,granville and ,roth1 in ,jour4 ,anthr4 ,inst4 xxviii4 #aji 7,jekris of the ,warri ,district of the ,niger ,coast ,protectorate74 ,stuhlmann1 ,mit ,emin ,pascha ins ,herz von ,afrika1 p4 #hja 7,latuka74 ,among various ,eskimo#bc and ,north ,american ,indian tribes#bd children are described as very obedient to their parents4 ,parry says of the ,eskimo of ,winter ,island and ,igloolik that disobedience is scarcely ever known1 and that a word or even a look from a parent is enough4#be ,the ,potawatomis hold the violation of the advice and directions of their parents one of the most atrocious crimes4#bf ,in ,tonga filial duty is a most important duty and appears to be universally felt4#bg ,one of the chief duties which the ,ainos taught their children was obedience to parents4#bh ,among the ,central ,asiatic ,turks a son1 whilst young1 behaves as if he were his father's slave4#bi ,among the #fja ,ossetes the authority of the head of the family1 whether grandfather1 father1 stepfather1 uncle1 or elder brother1 is submitted to unconditionally2 the young men never sit in his presence1 nor speak with a loud voice1 nor contradict him4#cj ,among the ,barea and ,kunma a father and a mother are respected to the utmost degree4 ,a son never dares to contradict his parents nor oppose their commands1 however unjust they be4 ,the mother particularly is much beloved and tenderly cared for at her old age4#ca ,among the ,mandingoes children have a great veneration for their parents1 and would feel extreme reluctance to disobey their father4#cb ,of the ,bachapins1 a ,bechuana tribe1 it is said that 9999filial obedience is strenuously enforced4#cc ,among the ,kafirs any one who should fail in respect for his father1 or show any neglect of him1 would draw on himself the contempt of the whole horde2 there have been even instances in which want of filial duty has been punished with infamy and banishment4#cd ,footnote #bc3 ,hall1 ,arctic ,researches1 p4 #efh4 ,boas1 ',central ,eskimo1' in ,ann4 ,rep4 ,bur4 ,ethn4 vi4 #eff4 ,murdoch1 ',ethnol4 ,results of the ,point ,barrow ,expedition1' ibid4 ix4 #dag4 ,turner1 ',ethnology of the ,ungava ,district1' ibid4 xi4 #aia 7,koksoagmyut74 ,footnote #bd3 ,turner1 in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #bfi 7,hudson ,bay ,indians74 ,heriot1 ,travels through the ,canadas1 p4 #ecj4 ,harmon1 ,journal of ,voyages1 p4 #cdg 7,indians on the east side of the ,rocky ,mountains74 ,footnote #be3 ,parry1 ,journal of a ,second ,voyage for the ,discovery of a ,north-,west ,passage1 p4 #ecj4 ,footnote #bf3 ,keating1 ,expedition to the ,source of ,st4 ,peter's ,river1 i4 #abg4 ,footnote #bg3 ,mariner1 ,natives of the ,tonga ,islands1 ii4 #agi4 ,footnote #bh3 ,batchelor1 ,ainu and their ,folk-,lore1 p4 #bed4 ,footnote #bi3 ,vmbry1 op4 cit4 p4 #bbf4 ,footnote #cj3 von ,haxthausen1 ,transcaucasia1 p4 #dad sq4 ,footnote #ca3 ,munzinger1 ,ostafrikanische ,studien1 p4 #dgd4 ,footnote #cb3 ,cailli1 ,travels through ,central ,africa1 i4 #ceb sq4 ,footnote #cc3 ,burchell1 ,travels in the ,interior of ,southern ,africa1 ii4 #eeg4 ,footnote #cd3 ,lichtenstein1 ,travels in ,southern ,africa1 i4 #bfe4 ,alberti1 ,de ,kaffers aan de ,zuidkust van ,afrika1 p4 #aaf sqq4 ,shooter1 ,kafirs of ,natal1 p4 #ih4 ,the period during which the paternal authority lasts varies4 ,the daughter is in her father's power till she marries1 and as a rule no longer2#ce but in some instances his authority over her continues even after her marriage4#cf ,this1 we have reason to believe1 is particularly the case when the husband1 on marrying1 does not take his wife to his own home1 but goes himself to live with her in the house or community of her father4#cg ,a father's authority over his son frequently comes to an end as the young man #fjb grows up4 ,among the ,fuegians a son becomes independent of his parents at a very early age1 being allowed to leave their wigwam if he pleases4#ch ,among the ,togiagamutes1 an ,eskimo tribe1 the youth1 as soon as he is able to build a kaiak and to support himself1 no longer observes any family ties but goes where his fancy takes him4#ci ,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 manhood2#dj among the ,bangerang tribe of ,victoria after his twelfth year or so the boy was very little subject to the father1 though parental affection always endured4#da ,among the ,bedouins the young man1 as soon as it is in his power1 emancipates himself from the father's authority1 still paying him some deference as long as he continues in his tent2 but whenever he can become master of a tent himself 7to obtain which is his constant endeavour71 he listens to no advice1 nor obeys any earthly command but that of his own will4#db ,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 races4#dc ,but here again instances to the contrary are not wanting4#dd ,in ,flores the sons even of rich families are dressed like slaves at public feasts1 so long as the father lives1 as also at his funeral4 ,this1 our authority adds1 is apparently the external sign of a strict patria potestas1 which remains in force till the funeral2 until then the son is the father's slave4#de ,footnote #ce3 ,see1 e4g41 ,leuschner1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #ag 7,bakwiri72 ,fama ,mademba1 ibid4 p4 #fe 7natives of the ,sansanding ,states72 ,nicole1 ibid4 p4 #ajj 7,diakit72 ,lang1 ibid4 p4 #bbd 7,washambala72 ,kraft1 ibid4 p4 #bhf 7,wapokomo72 ,marx1 ibid4 p4 #cdi 7,amahlubi72 ,sorge1 ibid4 p4 #djd 7,nissan ,islanders of the ,bismarck ,archipelago74 ,footnote #cf3 ,see1 e4g41 ,beverley1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #bjf4 ,what is said1 ibid4 p4 #ca1 concerning the ,banaka and ,bapuku does not seem to agree with the statement p4 #cj1 that the husband is the head of his household and the possessor of his wives4 ,footnote #cg3 ,cf4 ,mazzarella1 ,la condizione giuridica del marito nella famiglia matriarcale1 passim2 infra1 on the ,subjection of ,wives4 ,the point in question1 like the whole subject of the father's authority among the lower races1 requires much further investigation4 ,footnote #ch3 ,bove1 ,patagonia1 ,terra del ,fuoco1 p4 #acc4 ,footnote #ci3 ,petroff1 loc4 cit4 p4 #ace4 ,footnote #dj3 ,curr1 ,the ,australian ,race1 i4 #fa4 ,footnote #da3 ,idem1 ,recollections of ,squatting in ,victoria1 p4 #bdh4 ,footnote #db3 ,burckhardt1 ,notes on the ,bedouins and ,wahbys1 p4 #bja4 ,footnote #dc3 ,for other instances1 see ,munzinger1 ,die ,sitten und das ,recht der ,bogos1 p4 #cf2 ,post1 ,afrikanische ,jurisprudenz1 i4 #ea 7,somals72 ,leuschner1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #ag 7,bakwiri72 ,nicole1 ibid4 p4 #ajj 7,diakit72 ,beverley1 ibid4 p4 #bjf 7,wagogo72 ,marx1 ibid4 p4 #cdi 7,amahlubi72 ,sorge1 ibid4 p4 #djd 7,nissan ,islanders74 ,footnote #dd3 ,sarbah1 ,fanti ,customary ,laws1 p4 #e4 ,stuhlmann1 op4 cit4 p4 #hja 7,latuka74 ,steinmetz1 ,rechtsverhltnisse1 p4 #ca 7,banaka and ,bapuku74 ,fama ,mademba1 ibid4 p4 #fe 7natives of the ,sansanding ,states74 ,kraft1 ibid4 p4 #bhf 7,wapokomo71 ,abercromby1 ,pre- and ,proto-historic ,finns1 i4 #aha 7,mordvins74 ,footnote #de3 von ,martens1 quoted by ,nieboer1 ,slavery as an ,industrial ,system1 p4 #bf1 n4 #b4 #fjc ,however1 the expiration of the paternal power1 in the proper sense of the term1 does not necessarily imply the loss of all authority over the children4 ,the father1 at all events1 retains the rights incident to his superior age1 and among many uncivilised peoples these are great4 ,old age commands respect and gives authority4 ,among the ,fuegians in each family the word of an old man is accepted as law by the young people2 they never dispute his authority4#df ,the ,patagonians pay respect to old people1 taking great care of them4#dg ,the ,caribs portent un grand respect aus vieillards4#dh ,the same is the case among many of the ,north ,american ,indians4#di ,among the ,naudowessies1 whilst the advice of a father will seldom meet with any extraordinary attention from the young ,indians1 they will tremble before a grandfather1 and submit to his injunctions with the utmost alacrity4 ,the words of the ancient part of their community are esteemed by the young as oracles4#ej ,among the ,eskimo about ,behring ,strait the old men are listened to with respect2#ea 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 rule4'#eb ,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 family4#ec ,among the ,jakuts an old man is implicitly obeyed as a father of a family2 a young man ever gives his opinion with the greatest respect and caution2 and even when asked1 he submits his ideas to the judgment of the old4#ed ,regard for the aged is found among the ,ainos1#ee ,kurilians1#ef ,mongols1#eg ,ossetes1#eh #fjd ,kukis1#ei ,nicobarese1#fj ,negritos of the ,philippine ,islands1#fa ,papuans of ,new ,guinea#fb ,new ,caledonians1#fc ,caroline ,islanders1#fd ,tonga ,islanders1#fe and1 in a remarkable degree1 among the ,australian aborigines4#ff ,among the ,kurnai1 says ,mr4 ,howitt1 age meets with great reverence4 4 4 4 ,it may be stated as a general rule that authority attaches to age4 ,it follows from this that there is no hereditary authority and no hereditary chieftain4 ,the authority which is inherent in age attaches not alone to the man1 but also to the woman4 ,and he justly adds that this principle regulating authority seems to be1 not peculiar to the ,kurnai1 but general to the whole ,australian race4#fg ,footnote #df3 ,king and ,fitzroy1 ,voyages of the ,adventure and ,beagle1 ii4 #agi4 ,footnote #dg3 ,ibid4 ii4 #agb4 ,footnote #dh3 de ,poircy-de ,rochefort1 ,histoire des ,isles ,antilles1 p4 #dfa4 ,footnote #di3 ,buchanan1 ,north ,american ,indians1 p4 #g4 ,prescott1 in ,schoolcraft1 ,indian ,tribes of the ,united ,states1 ii4 #aif4 ,footnote #ej3 ,carver1 ,travels through the ,interior ,parts of ,north ,america1 p4 #bdc4 ,footnote #ea3 ,nelson1 ',eskimo about ,bering ,strait1' in ,ann4 ,rep4 ,bur4 ,ethn4 xviii4 #cjd4 ,footnote #eb3 ,murdoch1 in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #dbg4 ,footnote #ec3 ,hartshorne1 ',weddas1' in ,indian ,antiquary1 viii4 #cbj4 ,cf4 ,deschamps1 ,carnet d'un voyageur1 p4 #cie4 ,footnote #ed3 ,sauer1 ,billings' ,expedition to the ,northern ,parts of ,russia1 p4 #abd4 ,footnote #ee3 ,batchelor1 ,ainu and their ,folk-,lore1 p4 #bed4 von ,siebold1 ,ethnol4 ,studien ber die ,aino auf der ,insel ,yesso1 p4 #be4 ,footnote #ef3 ,krasheninnikoff1 ,history of ,kamschatka1 p4 #bcf4 ,footnote #eg3 ,prejevalsky1 ,mongolia1 i4 #ga4 ,footnote #eh3 von ,haxthausen1 ,transcaucasia1 p4 #dad4 ,strabo 7xi4 #d4 #h7 reports the same of the ,albanians of the ,eastern ,caucasus4 ,footnote #ei3 ,lewin1 ,hill ,tracts of ,chittagong1 p4 #ajb4 ,footnote #fj3 ,kloss1 ,in the ,andamans and ,nicobars1 p4 #bdc4 ,footnote #fa3 ,schadenberg1 in ,zeitschr4 f4 ,ethnol4 xii4 #ace4 ,earl1 ,papuans1 p4 #acc4 ,foreman1 ,philippine ,islands1 p4 #bji4 ,footnote #fb3 ,earl1 op4 cit4 p4 #ha4 ,footnote #fc3 ,atkinson1 in ,folk-,lore1 xiv4 #bdh4 ,footnote #fd3 ,christian1 ,caroline ,islands1 p4 #gb4 ,angas1 ,polynesia1 p4 #chb4 ,footnote #fe3 ,mariner1 op4 cit4 ii4 #aee4 ,footnote #ff3 ,roth1 ,north-,west-,central ,queensland ,aborigines1 p4 #ada4 ,fraser1 ,aborigines of ,new ,south ,wales1 p4 #e4 ,schuermann1 ',aboriginal ,tribes of ,port ,lincoln1' in ,woods1 ,native ,tribes of ,south ,australia1 p4 #bbf4 ,hale ,u4,s4 ,exploring ,expedition4 ,vol4 ,,vi4 ,ethnography and ,philology1 p4 #aac4 ,mitchell1 ,expeditions into the ,interior of ,eastern ,australia1 ii4 #cdf4 ,brough ,smyth1 ,aborigines of ,victoria1 i4 #acg sq4 ,see also ,steinmetz1 ,ethnol4 ,studien zur ,entwicklungsgeschichte der ,strafe1 ii4 #bf sqq4 ,footnote #fg3 ,fison and ,howitt1 ,kamilaroi and ,kurnai1 p4 #baa sq4 ,turning to ,african peoples3 among the ,danakil the aged of both sexes1 but especially the males1 are held in great veneration1 and the old men are consulted on every occasion of any importance4#fh ,the real religion of the ,barea and ,kunma1 says ,munzinger1 consists in an extraordinary reverence for old age4 ,among these peoples only the old1 the weak1 or the blind command respect4#fi ,the ,e7we-speaking peoples on the ,slave ,coast have a proverb1 ,respect the elders1 they are our fathers4#gj ,winterbottom doubts whether the ancient ,lacedmonians paid greater regard to old age than do the natives of ,sierra ,leone4#ga ,mr4 ,leighton ,wilson says of the ,mpongwe3--,there is no part of the world where respect and veneration for age is carried to a greater length than among this people4 4 4 4 ,all the younger members of society are early trained to show the utmost deference to age4 ,they must never come into the presence of aged persons or pass by their dwellings without taking off their hats and assuming a crouching gait4 ,when seated in their presence #fje it must always be at a 'respectful distance'--a distance proportioned to the difference in their ages and position in society4 ,if they come near enough to hand an aged man a lighted pipe or a glass of water1 the bearer must always fall upon one knee4 ,aged persons must always be addressed as 'father' 7rera7 or 'mother' 7ngwe74 ,any disrespectful deportment or reproachful language toward such persons is regarded as a misdemeanour of no ordinary aggravation4 ,a youthful person carefully avoids communicating any disagreeable intelligence to such persons1 and almost always addresses them in terms of flattery and adulation4#gb ,among the ,for tribe of ,central ,africa great consideration is shown towards women when they are old1 as well as towards aged men4#gc ,regard for old age is1 in fact1 a very general trait of the ,african character4#gd ,footnote #fh3 ,scaramucci and ,giglioli1 ',notizie sui ,danakil1' in ,archivio per l'antropologia e la etnologia1 xiv4 #cf4 ,footnote #fi3 ,munzinger1 ,ostafrikanische ,studien1 p4 #dgd4 ,footnote #gj3 ,ellis1 ,e7we-speaking ,peoples1 p4 #bfh4 ,footnote #ga3 ,winterbottom1 ,native ,africans in the ,neighbourhood of ,sierra ,leone1 i4 #baa4 ,footnote #gb3 ,wilson1 ,western ,africa1 p4 #cib sq4 ,footnote #gc3 ,felkin1 ',notes on the ,for ,tribe of ,central ,africa1' in ,proceed4 ,roy4 ,soc4 ,edinburgh1 xiii4 #bbd sq4 ,footnote #gd3 ,monrad1 ,bidrag til en ,skildring af ,guinea-,kysten1 p4 #cg 7,negroes of ,accra74 ,granville and ,roth1 in ,jour4 ,anthr4 ,inst4 xxviii4 #aji 7,jekris74 ,kingsley1 ,travels in ,west ,africa1 p4 #dfj 7,calabar tribes74 ,cailli1 op4 cit4 i4 #ceb 7,mandingoes74 ,stuhlmann1 op4 cit4 pp4 #ghi1 #hja 7,latuka74 ,casati1 ,ten ,years in ,equatoria1 i4 #ahf4 ,chanler1 ,through ,jungle and ,desert1 p4 #bdf 7,embe74 ,new1 ,life1 ,wanderings1 and ,labours in ,eastern ,africa1 p4 #aja 7,wanika74 ,johnston1 ,kilima-njaro ,expedition1 p4 #dai 7,masai74 ,arnot1 ,garenganze1 p4 #gh1 note4 ,lichtenstein1 op4 cit4 i4 #bfe2 ,alberti1 op4 cit4 p4 #aah2 ,shooter1 op4 cit4 p4 #ih 7,kafirs74 ,schinz1 ,deutsch-,sdwest-,afrika1 p4 #hb 7,hottentots74 ,not only old age1 but superiority of age1 gives a certain amount of power4 ,the ,australian natives have a well-regulated order of precedence and authority4 ,when the individual reaches the full development of puberty1 he or she undergoes a ceremony which entitles him or her on its successful completion to a certain social rank or status in the community4 ,as life progresses1 other and higher ranks are progressively attainable for each sex1 until the highest and most honourable grade1 that enjoyed by an old man1 or an old woman1 is reached4#ge ,all ,north ,american ,indians hold that superior age gives authority2 and every person is taught from childhood to obey his superiors and to rule over his inferiors4 ,the superiors are those of greater age2 the inferiors1 those who are younger4#gf ,the same influence of age makes itself felt in the relations between elder #fjf and younger brothers and sisters4#gg ,navaho myths indicate that even among twins1 the younger must defer to the elder4#gh ,the eldest brother comes next to the father in authority1 and1 in case of his death1 succeeds him as the head of the family4 ,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 father4#gi ,among the ,kalmucks the elder brother is the despot of the younger ones1 and is even allowed to punish them4#hj ,in ,madagascar so great respect is paid to seniority that if two slaves who are brothers are going a journey1 any burden must be carried by the younger one1 so far at least as his strength will allow4#ha ,in ,tonga custom decrees that all persons shall be in the service of their older and superior relations1 if those relations think proper to employ them2 and every chief shows the greatest regard for his eldest sister4#hb ,among the ,hottentots the highest oath a man could take and still takes1 was to swear by his eldest sister1 and if he should abuse this name1 the sister will walk into his flock and take his finest cows and sheep1 and no law could prevent her from doing so4#hc ,among the ,point ,barrow ,eskimo1 again1 seniority gives precedence when there are several women in one hut1 and the sway of the elder in the direction of everything connected with her duties seems never disputed4#hd ,footnote #ge3 ,roth1 op4 cit4 p4 #afi4 ,cf4 ibid4 p4 #fe sq42 ,eyre1 ,journals of ,expeditions of ,discovery into ,central ,australia1 ii4 #cae4 ,footnote #gf3 ,powell1 ',sociology1' in ,american ,anthropologist1 ,n4 ,s4 i4 #gjj4 ,cf4 ,idem1 in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 p4 lviii4 ,footnote #gg3 ,nachtigal1 ,sahara und ,sudan1 i4 #dej 7,ted74 ,chavanne1 ,die ,sahara1 p4 #cif 7,arabs of the ,sahara74 ,paulitschke1 op4 cit4 p4 #aib 7,gallas74 von ,haxthausen1 ,transcaucasia1 p4 #dae 7,ossetes74 ,bach1 ',die ,wotjaken1' in ,acta ,societatis ,scientiarum ,fennic1 xii4 #dhi 7,votyaks74 ,sumner1 in ,jour4 ,anthr4 ,inst4 xxxi4 #ge 7,jakuts74 ,batchelor1 ,ainu and their ,folk-,lore1 p4 #bed4 ,footnote #gh3 ,matthews1 ',study of ,ethics among the ,lower ,races1' in ,journal of ,american ,folk-,lore1 xii4 #i4 ,footnote #gi3 ,veniaminof1 quoted by ,petroff1 loc4 cit4 p4 #aee4 ,footnote #hj3 ,bergmann1 ,nomadische ,streifereien unter den ,kalmken1 ii4 #cje4 ,footnote #ha3 ,sibree1 op4 cit4 p4 #ahb4 ,footnote #hb3 ,mariner1 op4 cit4 i4 #bbf2 ii4 #aee4 ,footnote #hc3 ,hahn1 ,the ,supreme ,being of the ,khoi-,khoi1 p4 #ba4 ,footnote #hd3 ,simpson1 quoted by ,murdoch1 in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #dbg4 ,it must be added1 however1 that the reverence for old age may cease when the grey-head gets so old as to be an incumbrance to those around him2#he and imbecility may put an end to the father's authority over his family4#hf ,we have previously noticed that parents worn out with age #fjg and disease are among some peoples killed or abandoned by their own children4#hg ,footnote #he3 ,curr1 ,squatting in ,victoria1 pp4 #bed4 #bde1 #bfe sqq42 ,eyre1 op4 cit4 ii4 #caf 7,australian aborigines74 ,sumner1 in ,jour4 ,anthr4 ,inst4 xxxi4 #gf 7,jakuts74 ,nansen1 ,eskimo ,life1 p4 #agg sq4 7,greenlanders74 ,supra1 p4 #ecd4 ,footnote #hf3 ,steinmetz1 ,rechtsverhltnisse1 p4 #ca 7,banaka and ,bapuku74 ,footnote #hg3 ,supra1 p4 #chf sq4 ,when passing from the savage and barbarous races of men to those next above them in civilisation1 we find paternal1 or parental1 authority and filial reverence at their height4 ,in ancient ,mexico necessitous parents were allowed to dispose of any one of their children1 in order to relieve their poverty1 whereas a master could not sell a well-behaved slave without his consent4#hh ,a youth was seldom permitted to choose a wife for himself1 but was expected to abide by the selection of his parents2#hi 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 them4#ij ,so1 too1 in ,nicaragua a father might sell his children as slaves in cases of great necessity1#ia and matches were in the larger part of the country arranged by the parents4#ib ,in ancient ,peru disobedient children were publicly chastised by their own parents2#ic and ,inca ,pachacutec confirmed the law that sons should obey and serve their fathers until they reached the age of twenty-five1 and that none should marry without the consent of the parents and of the parents of the girl4#id ,footnote #hh3 ,clavigero1 ,history of ,mexico1 i4 #cfj4 ,footnote #hi3 ,westermarck1 op4 cit4 p4 #bbf4 ,footnote #ij3 ,clavigero1 op4 cit4 i4 #cca4 ,footnote #ia3 ,squier1 ,nicaragua1 p4 #cde4 ,footnote #ib3 ,bancroft1 ,native ,races of the ,pacific ,states1 ii4 #ffg4 ,footnote #ic3 ,herrera1 ,general ,history of the ,west ,indies1 iv4 #cci4 ,footnote #id3 ,garcilasso de la ,vega1 ,first ,part of the ,royal ,commentaries of the ,yncas1 ii4 #bjg4 ,in ,china a house-father reigns almost supreme in his family1 and1 according to ancient ,chinese ideas1 not even marriage withdraws the son from his power4#ie ,the law1 it is true1 prohibits him from killing#if or selling#ig his children2 but it is only in supreme cases that the ,state interferes between the head of a household and his family belongings1 and the sale of children is practically allowed4#ih ,no person1 of whatever age1 can act for himself in matrimonial #fjh matters during the lifetime or in the neighbourhood of his parents or near senior kinsfolk4#ii ,the law provides that disobedience to the instructions and commands of parents or paternal grandparents shall be punished with one hundred blows1#ajj and that a still greater punishment shall be inflicted on a son accusing his father or mother and on a grandson accusing his paternal grandparent1 even though the accusation prove true4#aja ,indeed1 from earliest youth the ,chinese lad is imbued with such respect for his parents that it becomes at last a religious sentiment1 and forms1 as he gets older1 the basis of his only creed--the worship of ancestors4#ajb ,confucianism itself has been briefly described as an expansion of the root idea of filial piety4#ajc ,the ,master said3--filial piety is the root of all virtue1 and the stem out of which grows all moral teaching4 4 4 4 ,filial piety is the constant method of ,heaven1 the righteousness of ,earth1 and the practical duty of ,man4 4 4 4 ,of all the actions of man there is none greater than filial piety4 ,in filial piety there is nothing greater than the reverential awe of one's father4 ,in the reverential awe shown to one's father there is nothing greater than the making him the correlate of ,heaven4#ajd ,but the idea that filial piety is the fundamental duty of man was not originated by ,confucius1 it had obtained a firm hold of the national mind long before his time4#aje ,it also prevails in ,corea#ajf and ,japan1#ajg where the authority of a house-father is1 or1 in the case of ,japan1 until lately has been1#ajh as great as in ,china4 ,the ,japanese maiden1 as pure as the purest ,christian virgin1 will at the command of her father enter the brothel to-morrow1 and prostitute herself for life4 ,not a murmur escapes her lips #fji as she thus filially obeys4#aji ,in ,corea1 whilst the first thing inculcated in a child's mind is respect for his father1 little respect is felt for the mother2 the child soon learns that a mother's authority is next to nothing4#aaj ,footnote #ie3 de ,groot1 ,religious ,system of ,china 7vol4 ii4 book7 i4 #ejg4 ,footnote #if3 ,supra1 p4 #cic4 ,footnote #ig3 ,ta ,tsing ,leu ,lee1 sec4 cclxxv4 p4 #bib4 ,footnote #ih3 ,douglas1 ,society in ,china1 p4 #gh4 ,staunton1 in his translation of ,ta ,tsing ,leu ,lee1 p4 #bib n4 99 ,doolittle1 ,social ,life of the ,chinese1 ii4 #bji4 ,footnote #ii3 ,medhurst1 ',marriage1 ,affinity1 and ,inheritance in ,china1' in ,trans4 ,roy4 ,asiatic ,soc4 ,china ,branch1 iv4 #aa4 ,footnote #ajj3 ,ta ,tsing ,leu ,lee1 sec4 cccxxxviii4 p4 #cgd4 ,footnote #aja3 ,ibid4 sec4 cccxxxvii4 p4 #cga sq4 ,footnote #ajb3 ,wells ,williams1 ,middle ,kingdom1 i4 #fdf4 ,footnote #ajc3 ,griffis1 ,corea1 p4 #cbh sq4 ,footnote #ajd3 ,hsio ,king1 #a1 #g1 #i 7,sacred ,books of the ,east1 iii4 #ddf1 #dgc1 #dgf74 ,footnote #aje3 ,douglas1 ,confucianism and ,taouism1 p4 #aah4 ,footnote #ajf3 ,griffis1 ,corea1 pp4 #bcf1 #bei4 ,footnote #ajg3 ,rein1 ,japan1 p4 #dbg4 ,griffis1 ,religions of ,japan1 p4 #abb sq4 ,footnote #ajh3 ,griffis1 ,religions of ,japan1 p4 #adh4 ,footnote #aji3 ,idem1 ,mikado's ,empire1 p4 #eee4 ,cf4 ,rein1 ,japan1 p4 #dbg4 ,footnote #aaj3 ,griffis1 ,corea1 p4 #bei4 ,it is the general opinion of ,assyriologists that in ancient ,chalda1 at least in the early period of its history1 the father had absolute authority over all the members of his household4#aaa ,anything undertaken by them without his consent was held invalid in the eyes of the law1#aab and a disobedient son might be sold as a slave4#aac ,according to the ,laws of ,hvammurabi1 a man might give his son or daughter as a hostage for debts2#aad but he could not disown his children at discretion4 ,it is said that if he wishes to cut off his son he must declare his intention to the judge1 whereupon the judge shall enquire into his reasons1 and if the son has not committed a heavy crime which cuts off from sonship1 the father shall not cut off his son from sonship4#aae ,professor ,hommel believes that the mother's authority over her children was as great as the father's1#aaf whereas ,meissner concludes that it was less1 from the fact that her children are not seldom found to be at law with her in matters of succession4#aag ,among the ,hebrews a father might sell his child to relieve his own distress1 or offer it to a creditor as a pledge4#aah ,he had not only unlimited power to marry his daughters1 but even to sell them as maids into concubinage1 though not to a foreign people4#aai ,he also chose wives for his sons2#abj and there is no indication that the subjection of sons ceased after a certain age4#aba ,how important were the duties of the child to the #faj parents is shown in the primitive typical relation of ,isaac to ,abraham1 and may be at once learned from the placing of the law on the subject among the ,ten ,commandments1 and from its position there in the immediate proximity to the commands relating to the duties of man towards ,god4#abb ,philo ,judus observes that it occupies this position because parents are something between divine and human nature1 partaking of both--of human nature inasmuch as it is plain that they have been born and that they will die1 and of divine nature because they have engendered other beings1 and have brought what did not exist into existence4 ,what ,god is to the world1 that parents are to their children2 they are the visible gods4#abc ,in ,muhammedan countries parents have practically great authority over their children4 ,should a father exceed the bounds of moderation or justice in chastising his son1 the idea of prosecuting him would hardly occur to anyone1 the injured party being prevented by public opinion1 if not by habit and feeling1 from appealing against his own father4#abd ,disobedience to parents is considered by ,moslems as one of the greatest of sins1 and is put1 in point of heinousness1 on a par with idolatry1 murder1 and desertion in an expedition against infidels4 ,an undutiful child1 says ,mr4 ,lane1 is very seldom heard of among the ,egyptians or the ,arabs in general4 4 4 4 ,sons scarcely sit or eat or smoke in the presence of the father1 unless bidden to do so4#abe ,in ,morocco it is curious to see big1 grown-up sons sneak away as soon as they hear their father's steps1 or to notice their absolute reticence in his presence4 ,children's deference for their mothers is less formal1 but almost equally great4#abf ,footnote #aaa3 ,oppert1 in ,gttingische gelehrte ,anzeigen1 #ahgi1 p4 #afjd sqq4 ,hommel1 ,die semitischen ,vlker und ,sprachen1 i4 #daf4 ,meissner1 ,beitrge zum altbabylonischen ,privatrecht1 p4 #ad sq4 ,footnote #aab3 ,maspero1 ,dawn of ,civilization1 p4 #acd4 ,footnote #aac3 ,hommel1 op4 cit4 i4 #daf4 ,meissner1 op4 cit4 p4 #a4 ,footnote #aad3 ,laws of ,hvammurabi1 #aag4 ,footnote #aae3 ,ibid4 #afh4 ,footnote #aaf3 ,hommel1 op4 cit4 i4 #daf4 ,footnote #aag3 ,meissner1 op4 cit4 p4 #ae4 ,footnote #aah3 ,ewald1 ,antiquities of ,israel1 p4 #aij4 ,wellhausen1 ,prolegomena to the ,history of ,israel1 p4 #dfe4 ,footnote #aai3 ,exodus1 xxi4 #g sq4 ,footnote #abj3 ,genesis1 xxiv4 #d2 xxviii4 #a sq4 ,exodus1 xxxiv4 #af4 ,deuteronomy1 vii1 #c4 ,footnote #aba3 ,cf4 ,michaelis1 ,commentaries on the ,laws of ,moses1 i4 #ddd4 ,footnote #abb3 ,cf4 ,ewald1 op4 cit4 p4 #ahh2 ,gans1 ,das ,erbrecht in weltgeschichtlicher ,entwickelung1 i4 #acd4 ,footnote #abc3 ,philo ,judus1 ,opera1 i4 #gei sqq4 ,footnote #abd3 ,urquhart1 ,spirit of the ,east1 ii4 #ddj sq4 ,footnote #abe3 ,lane1 ,manners and ,customs of the ,modern ,egyptians1 p4 #gj4 ,cf4 ,pool1 ,studies in ,mohammedanism1 p4 #aga4 ,footnote #abf3 ,cf4 ,urquhart1 op4 cit4 ii4 #bfe sq4 ,among the ancient ,romans1 in relation to the house-father1 all in the household were destitute of legal rights--the wife and the child no less than the bullock or the #faa slave4#abg ,the father not only had judicial authority over his children--implying the right of inflicting capital punishment on them#abh--;but he could sell them at discretion4#abi ,even the grown-up son and his children were subject to the house-father's authority1#acj and in marriage without conventio in manum a daughter remained in the power of her father or tutor even after marriage4#aca ,filial piety1 including reverence not only for the father but for the mother also1 was regarded as a most sacred duty4#acb ,to the ancient ,roman the parents were hardly less sacred beings than the gods4#acc ,footnote #abg3 ,mommsen1 ,history of ,rome1 i4 #gd4 ,footnote #abh3 ,supra1 p4 #cic4 ,footnote #abi3 ,dionysius of ,halicarnassus1 ,antiquitates ,roman1 ii4 #bg4 ,footnote #acj3 ,institutiones1 i4 #i4 #c4 ,footnote #aca3 ,westermarck1 op4 cit4 p4 #bcj4 ,footnote #acb3 ,leist1 ,grco-italische ,rechtsgeschichte1 p4 #aa sqq4 ,idem1 ,alt-arisches ,jus ,gentium1 p4 #ahe4 ,footnote #acc3 ,valerius ,maximus1 i4 #a4 #ac3 ,pari vindicta parentum ac deorum violatio expianda est4 ,servius1 ,in ,virgilii ,georgicon1 ii4 #dgc3 ,sacra deorum sancta apud illos sunt1 sancti etiam parentes4 ,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 ,aryans4#acd ,but no clear evidence of the general prevalence of such unlimited authority among other so-called ,aryan peoples has been adduced4 ,the ancient jurist observed1 ,the power which we have over our children is peculiar to ,roman citizens2 for there are no other nations possessing the same power over their children as we have over ours4#ace ,that among the ,greeks and ,teutons the father had the right to expose his children in their infancy1 to sell them1 in case of urgency1 as long as they remained in his power1#acf and to give away his daughters in marriage1#acg does not imply the possession of a sovereignty like that which the ,roman house-father exercised over his descendants of all ages4 ,in ,greece#ach and among all the ,teutonic #fab nations#aci the father's authority over his sons came to an end when the son grew up and left his home4 ,but here again we must distinguish between the legal rights of parents and the duties of children4 ,there are numerous passages in the ,greek writings which put filial piety on a par with the duties towards the gods4#adj ,footnote #acd3 ,maine1 ,ancient ,law1 p4 #ach4 ,fustel de ,coulanges1 ,la cit antique1 p4 #if sqq4 ,hearn1 ,aryan ,household1 p4 #ib4 ,footnote #ace3 ,institutiones1 i4 #i4 #b4 ,footnote #acf3 ,leist1 ,grco-italische ,rechtsgeschichte1 p4 #fj sq4 ,grimm1 ,deutsche ,rechtsalterthmer1 p4 #dfa sq4 ,brunner1 ,deutsche ,rechtsgeschichte1 i4 #gf4 ,in ,france the parents' right of selling their children gradually disappeared under the kings of the third race 7de ,laurire1 in ,loysel1 ,institutes coutumires1 i4 #hb74 ,footnote #acg3 ,westermarck1 op4 cit4 p4 #bcb sqq4 ,footnote #ach3 ,leist1 ,grco-italische ,rechtsgeschichte1 p4 #fb sq4 ,cauvet1 ',de l'organisation de la famille ,athnes1' in ,revue de lgislation1 xxiv4 #ach4 ,footnote #aci3 ,grimm1 ,deutsche ,rechtsalterthmer1 p4 #dfb4 ,brunner1 ,deutsche ,rechtsgeschichte1 i4 #ge sq4 ,footnote #adj3 ,schmidt1 ,ethik der alten ,griechen1 ii4 #ada sq4 ,nor is there any evidence that the patria potestas of the ,roman type ever prevailed in full in ,india1 great though the father's or parent's authority has been1 and still is1 among the ,hindus4#ada ,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 maintainer1#adb decrepit parents being even allowed to die of starvation4#adc ,according to some sacred books from a later age1 the father and the mother have power to give1 to sell1 and to abandon their son1 because man formed of uterine blood and virile seed proceeds from his mother and his father as an effect from its cause2 however1 an only son may not be given or received in adoption1 nor is a woman allowed to give or receive a son except with her husband's permission4#add ,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 recognised1#ade 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 panas4#adf ,but whatever be the legal rights of a parent1 filial piety is a most stringent duty in the child4#adg ,a man has three ,atigurus1 or specially venerable superiors3 his father1 mother1 and spiritual teacher4 ,to them he must always pay obedience4 ,he must do what is agreeable and serviceable to them4 ,he must never do anything without their leave4#adh ,by honouring these three all that ought to be done by man is accomplished2 #fac that is clearly the highest duty1 every other act is a subordinate duty4#adi ,similar feelings prevail among the modern ,hindus4#aej ,sir ,w4 ,h4 ,sleeman observes1 ,there is no part of the world1 ,i believe1 where parents are so much reverenced by their sons as they are in ,india in all classes of society4 ,the duty of daughters is from the day of their marriage transferred entirely to their husbands and their husbands' parents1 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 grave4 ,the sons are often actually tyrannised over by their mothers4#aea ,footnote #ada3 ,westermarck1 op4 cit4 p4 #bca sq4 ,footnote #adb3 ,rig-,veda1 i4 #gj4 #e4 ,footnote #adc3 ,zimmer1 ,altindisches ,leben1 p4 #cbh4 ,footnote #add3 ,vasishtha1 xv4 #a sqq4 ,baudhyana ,parisishta1 vii4 #e4 #b sqq4 ,footnote #ade3 pastamba1 ii4 #f4 #ac4 #aa4 ,footnote #adf3 ,laws of ,manu1 viii4 #chi4 ,cf4 ibid4 xi4 #fj4 ,footnote #adg3 pastamba1 i4 #d4 #ad4 #f4 ,laws of ,manu1 ii4 #bbe sqq42 iv4 #afb2 c4 ,footnote #adh3 ,institutes of ,vishnu1 ch4 #ca4 ,footnote #adi3 ,laws of ,manu1 ii4 #bcg4 ,footnote #aej3 ,nelson1 ,view of the ,hindu ,law1 p4 #ef sq4 ,ghani1 ',social ,life and ,morality in ,india1' in ,international ,journal of ,ethics1 vii4 #cab4 ,footnote #aea3 ,sleeman1 ,rambles and ,recollections of an ,indian ,official1 i4 #ccj sqq4 ,according to ancient ,russian laws1 fathers had great power over their children2#aeb but it is not probable that a son could be sold as a slave4#aec ,baron von ,haxthausen1 who wrote before the ,emancipation in #ahfa1 says that the patriarchal government1 feelings1 and organisation are in full activity in the life1 manners1 and customs of the ,great ,russians4 ,the same unlimited authority which the father exercises over all his children is possessed by the mother over her daughters4#aed ,it was a common custom for a father to marry his young sons to full-grown women2 and in ,poland also1 according to ,nestor1 a father used to select a bride for his son4#aee ,according to ,professor ,bogivsi'c1 the power of the father is not so great among the ,southern ,slavs as among the ,russians2#aef but a son is not permitted to make a proposal of marriage to a girl against the will of his parents1 whilst a daughter1 of course1 enjoys still less freedom of disposing of her own hand4#aeg ,according to a ,slavonian maxim1 a father is like an earthly god to his son4#aeh ,footnote #aeb3 ,accurse1 quoted by de ,laurire1 in ,loysel1 op4 cit4 i4 #hb4 ,footnote #aec3 ,macieiowski1 ,slavische ,rechtsgeschichte1 iv4 #djd4 ,footnote #aed3 von ,haxthausen1 ,russian ,empire1 ii4 #bbi sq4 ,footnote #aee3 ,westermarck1 op4 cit4 p4 #bcd4 ,macieiowski1 op4 cit4 ii4 #ahi4 ,footnote #aef3 ,maine1 ,early ,law and ,custom1 p4 #bdd1 note4 ,footnote #aeg3 ,krauss1 ,sitte und ,brauch der ,sdslaven1 pp4 #cad1 #cbj4 ,footnote #aeh3 ,maine1 ,early ,law and ,custom1 p4 #bdc4 #fad ,among this group of peoples1 also1 we meet with reverence for the elder brother1 for persons of a superior age generally1 and1 especially1 for the aged4 ,obedience on the part of the younger to the elder brother is strongly inculcated by ,confucianism and ,taouism4#aei ,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 father2#afj and in some provinces of ,japan the elder brother or sister did not even go to the funeral of the younger4#afa ,in ,babylonia the elder brother occupied a privileged position in the family in relation to the younger4#afb ,in one of the ,mandan writings it is said1 ,honour your father and your mother and your elder brother as your father4#afc ,according to the sacred books of the ,hindus1 the feet of elder brothers and sisters must be embraced1 according to the order of their seniority2#afd towards a sister of one's father and of one's mother1 and towards one's own elder sister1 one must behave as towards one's mother1 though the mother is more venerable than they4#afe ,footnote #aei3 ,douglas1 ,confucianism and ,taouism1 pp4 #abc1 #abd1 #bei4 ,griffis1 ,religions of ,japan1 p4 #abe sq4 ,footnote #afj3 de ,groot1 op4 cit4 7vol4 ii4 book7 i4 #eji4 ,footnote #afa3 ,griffis1 ,religions of ,japan1 p4 #abg4 ,footnote #afb3 ,hommel1 op4 cit4 i4 #dag sq4 ,footnote #afc3 ,brandt1 ,mandische ,schriften1 p4 #fd4 ,footnote #afd3 pastamba1 i4 #d4 #ad4 #i4 ,cf4 ibid4 i4 #d4 #ad4 #ad2 ,laws of ,manu1 ii4 #bbe4 ,footnote #afe3 ,laws of ,manu1 ii4 #acc4 ,again1 in ancient ,mexico respect was paid not only by children to their parents but by the young to the old4#aff ,among the ,yucatans the young reverenced much the aged4#afg ,in ,china persons of the lowest class who have attained to an unusual age have not infrequently been distinguished by the ,emperor1#afh and even criminals with grey hairs are treated with regard4#afi ,respect for elders1 says ,mencius1 is the working of righteousness2#agj and it is said in ,thi ,shang that the good man will respect the old and cherish the young4#aga ,a ,japanese proverb runs1 ,regard an old man as thy father4#agb ,we read in ,leviticus1 ,thou shalt rise up before the hoary head1 and honour the face of the old man1 and fear thy ,god4#agc ,veneration #fae for the aged is emphatically inculcated by ,islam4#agd ,in the sacred books of ,india it is represented as a virtue4#age ,herodotus states that the ,egyptians resembled the ,lacedmonians in the reverence the young men paid to their elders4#agf ,plato says in his ',laws' that everybody ought to consider that the elder has the precedence of the younger in honour1 both among the gods as also among men who would live in security and happiness2 wherefore it is a foolish thing and hateful to the gods to see an elder man assaulted by a younger in the city4 ,everybody ought to regard a person who is twenty years older than himself1 whether male or female1 as his father or mother1 and to abstain from laying hands on any such person out of reverence to the gods who preside over birth4#agg ,regard for old age lies behind such words as presbyter and the ,anglo-,saxon ealdormonn2 and all travellers among the ,southern ,slavs have noticed their extraordinary respect for old people4#agh ,footnote #aff3 ,clavigero1 op4 cit4 i4 #hl4 ,cf4 ibid4 i4 #ccb4 ,footnote #afg3 ,landa1 ,relacion de las cosas de ,yucatan1 p4 #agh4 ,footnote #afh3 ,davis1 ,china1 ii4 #ig4 ,footnote #afi3 ,wells ,williams1 ,middle ,empire1 i4 #hje4 ,footnote #agj3 ,mencius1 vii4 #a4 #ae4 #c4 ,footnote #aga3 ,thi ,shang1 #c4 ,footnote #agb3 ,griffis1 ,mikado's ,empire1 p4 #eje4 ,footnote #agc3 ,leviticus1 xix4 #cb4 ,cf4 ,job1 xxxii4 #a2 ,proverbs1 xvi4 #ca1 and xx4 #bi4 ,footnote #agd3 ,ameer ,ali1 ,ethics of ,islm1 p4 #bg sq4 ,footnote #age3 pastamba1 i4 #e4 #ae4 ,laws of ,manu1 ii4 #aba4 ,dhammapada1 #aji4 ,footnote #agf3 ,herodotus1 ii4 #hj4 ,footnote #agg3 ,plato1 ,leges1 ix4 #hgi4 ,cf4 ,idem1 ,respublica1 v4 #dfe4 ,footnote #agh3 ,maine1 ,early ,law and ,custom1 p4 #bdc4 ,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 ,encyclopedist1 ,le pouvoir paternel est plutt un devoir qu'un pouvoir4#agi ,already in pagan times the ,roman patria potestas became a shadow of what it had been4 ,under the ,republic the abuses of paternal authority were checked by the censors1 and in later times the ,emperors reduced the father's power within comparatively narrow limits4 ,not only was the life of the child practically as sacred as that of the parent long before ,christianity became the religion of ,rome1#ahj but ,alexander ,severus ordained that heavy punishments should be inflicted on members of a family by the magistrate only4 ,diocletian and ,maximilian took away the power of selling freeborn children as slaves4 ,the father's privilege of #faf dictating marriage for his sons declined into a conditional veto2 and it seems that the daughters also1 at length1 gained a certain amount of freedom in the choice of a husband4#aha ,footnote #agi3 ,encyclopdie mthodique1 ,jurisprudence1 vii4 #gg1 art4 ,puissance paternelle4 ,footnote #ahj3 ,supra1 p4 #cic sq4 ,footnote #aha3 ,westermarck1 op4 cit4 p4 #bcf4 ,the new religion was anything but unfavourable to this process of emancipation4 ,the ethical precept of filial piety was changed by ,christ4 ,his church was a militant church4 ,he had come not to send peace but a sword1 to set a man at variance against his father1 and the daughter against her mother4#ahb ,being chiefly addressed to the young1 the new teaching naturally caused much disorder in families4 ,fathers disinherited their converted sons1#ahc and children thought that they owed no duty to their parents where such a duty was opposed to the interests of their souls4 ,according to ,gregory the ,great1 we ought to ignore our parents1 hating them and flying from them when they are an obstacle to us in the way of the ,lord2#ahd and this became the accepted theory of the ,church4#ahe ,nay1 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 veneration4 ,in all circumstances the relationship between child and parent was put in the shade by the relationship between man and ,god4 ,call no man your father upon the earth3 for one is your ,father1 which is in ,heaven4#ahf ,if any man come to me1 and hate not his father1 and mother1 and wife1 and children1 and brethren1 and sisters1 yea1 and his own life also1 he cannot be my disciple4#ahg ,at the same time the fifth commandment1 though modified by considerations which would never have occurred to the mind of an orthodox ,jew1 was left formally intact4 ,obedience to parents was1 in fact1 repeatedly enjoined by ,st4 ,paul as a ,christian duty4#ahh ,it was regarded as a prerequisite #fag for the veneration of ,god4 ,if we do not honour and reverence our parents1 whom we ought to love next to ,god1 and whom we have almost continually before our eyes1 how can we honour or reverence ,god1 the supreme and best of parents1 whom we cannot see8#ahi ,footnote #ahb3 ,st4 ,matthew1 x4 #cd sq4 ,st4 ,luke1 xii4 #ea sqq4 ,footnote #ahc3 ,tertullian1 ,apologeticus1 #c 7,migne1 ,patrologi cursus1 i4 #bhj sq474 ,footnote #ahd3 ,st4 ,gregory the ,great1 ,homili in ,evangelia1 xxxvii4 #b 7,migne1 op4 cit4 lxxvi4 #abge74 ,footnote #ahe3 ,thomas ,aquinas1 ,summa theologica1 ii4-ii4 #aja4 #d4 ,footnote #ahf3 ,st4 ,matthew1 xxiii4 #i4 ,footnote #ahg3 ,st4 ,luke1 xiv4 #bf4 ,footnote #ahh3 ,ephesians1 vi4 #a sqq4 ,colossians1 iii4 #bj4 ,footnote #ahi3 ,catechism of the ,council of ,trent1 iii4 #e4 #a4 ,ancient1 deep-rooted ideas die slowly4 ,whilst among ,teutonic peoples the grown-up child is recognised both by custom and law as independent of the parents1 and the parental authority over minors is regarded merely in the light of guardianship1#aij the ,roman notions of paternal rights and filial duties have to some extent survived in ,latin countries1 not only through the ,middle ,ages1 but up to the present time4 ,above the majesty of the feudal baron1 says ,m4 ,bernard1 that of the paternal power was held still more sacred and inviolable4 ,however powerful the son might be1 he would not have dared to outrage his father1 whose authority was in his eyes always confounded with the sovereignty of command4#aia ,du ,vair remarks1 ,nous devons tenir nos pres comme des dieux en terre4#aib ,bodin wrote1 in the later part of the sixteenth century1 that1 though the monarch commands his subjects1 the master his disciples1 the captain his soldiers1 there is none to whom nature has given any command except the father1 who is the true image of the great sovereign ,god1 universal father of all things4#aic ,according to edicts of ,henry ,,iii41 ,louis ,,xiii41 and ,louis ,,xiv41 sons could not marry before the age of thirty1 nor daughters before the age of twenty-five1 without the consent of the father and mother1 on pain of being disinherited4#aid ,and even now in ,france considerable power is accorded to parents1 not only by custom and public sentiment1 but by law4 ,a child cannot quit the paternal residence without the permission of the father before the age of twenty-one1 except for enrolment #fah in the army4#aie ,for grave misconduct by his children the father has strong means of correction4#aif ,a son under twenty-five and a daughter under twenty-one could not until #aijg marry without parental consent2#aig and even when a man had attained his twenty-fifth year and a woman her twenty-first1 both were still bound to ask for it1 by a formal notification4#aih ,footnote #aij3 ,starcke1 ,la famille dans les diffrentes socits1 p4 #bac sqq4 ,footnote #aia3 ,bernard1 quoted in ,spencer's ,descriptive ,sociology1 ,france1 p4 #ch4 ,footnote #aib3 ,du ,vair1 quoted by de ,ribbe1 ,les familles et la socit en ,france avant la ,rvolution1 p4 #ea4 ,footnote #aic3 ,bodin1 ,de republica1 i4 #d1 p4 #ca4 ,footnote #aid3 ,koenigswarter1 ,histoire de l'organisation de la famille en ,france1 p4 #bca4 ,footnote #aie3 ,code ,civil1 art4 #cgd4 ,footnote #aif3 ,ibid4 art4 #cge sqq4 ,footnote #aig3 ,ibid4 art4 #adh4 ,footnote #aih3 ,ibid4 art4 #aea4 ,the parental authority depends1 in the first place1 on the natural superiority of parents over their children when young1 and on the helplessness of the latter2 and for similar reasons the daughter1 though grown-up1 still remains in her father's power4 ,parents are1 moreover1 considered to possess in some measure proprietary rights over their offspring1 being their originators and maintainers2#aii and in various cases1 it seems1 the father is also regarded as their owner because he is the owner of their mother4 ,filial duties and parental rights to some extent spring from the children's natural feeling of affection for their parents1#bjj particularly for their mother1#bja 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 young4#bjb ,the authority of parents is much enhanced and extended by the sentiment of filial reverence1 as distinct from mere affection4 ,from their infancy children are used to look up to their parents1 #fai especially the father1 as to beings superior to themselves2 and this feeling1 which by itself has a tendency to persist1 is all the more likely to last even when the parents get old1 as it is based not only on superior strength and bodily skill1 but on superior knowledge1 which remains though the physical power be on the wane4 ,among savages1 in particular1 filial regard is largely regard for one's elders or the aged4 ,the old men represent the wisdom of the tribe4 ,long life and wisdom1 say the ,iroquois1 are always connected together4#bjc ,throughout all ,west ,africa the aged are the knowing ones4#bjd ,in his work on the ,algerian natives ,m4 ,villot observes3--,les vieillards1 au milieu des socits barbares1 reprsentent la tradition qui tient lieu de patrie2 la science des coutumes et usages qui remplacent la loi2 la connaissance des gnalogies qui fixe les degrs de parent et sert de base la dtermination des titres de proprit4 ,pour ces causes1 aussi bien qu'en raison de leur faiblesse et de leurs cheveux blancs1 le respect pour les vieillards est de rgle au milieu des indignes4#bje ,among people who possess no literature the old men are the sole authorities on religion1 as well as on custom4 ,in ,australia the deference shown to them is partly due to the superstitious awe of certain mysterious rites which are known to them alone1 and to the knowledge of which young persons are only very gradually admitted4#bjf ,moreover1 old age itself inspires a feeling of mysterious awe4 ,the ,moors say that1 when getting old1 a man becomes a saint1 and a woman a jinna1 or evil spirit--there is something supernatural in both4 ,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 youths2 they convince the warriors1 by presenting them #fbj with some magic emblem1 that in the hands of the sages alone rest the fate and fortune of those who fight in a battle4 ,and old women1 also1 are often believed to possess supernatural power1 in which case their influence1 in spite of the subservient position of their sex in general1 is almost as great as that of a medicine-man4#bjg ,according to the beliefs of the natives of ,western ,victoria1 witches always appear in the form of an old woman4#bjh ,among the ,maoris some of the aged women exercise the greatest influence over their tribes1 being supposed to possess the power of witchcraft and sorcery4#bji ,among the ,abipones1 says ,charlevoix1 the old women take upon them to be great witches2 and it would be no easy matter to convert them4#baj ,in ,arabia1 as well as in ,morocco1 old women are always believed to be skilled in sorcery4#baa ,footnote #aii3 ,cf4 ,vasishtha1 xv4 #a sq42 ,bandhyana ,parisishta1 vii4 #e4 #b sq4 ,footnote #bjj3 ,for instances of filial affection among savages see ,catlin1 ,north ,american ,indians1 ii4 #bdb2 ,powers1 ,tribes of ,california1 p4 #aab 7,mattoal72 ,selenka1 ,sonnige ,welten1 p4 #cd 7,dyaks72 ,seemann1 ,viti1 p4 #aic2 ,mathew1 ',australian ,aborigines1' in ,jour4 ,proceed4 ,roy4 ,soc4 ,n4,s4 ,wales1 xxiii4 #chh4 ,footnote #bja3 ,for instances of great affection for the mother1 see ,munzinger1 ,ostafrikanische ,studien1 p4 #dgd 7,barea and ,kunma72 ,winterbottom1 ,native ,africans in the ,neighbourhood of ,sierra ,leone1 i4 #baa2 ,park1 ,travels in the ,interior of ,africa1 p4 #bda2 ,new1 op4 cit4 p4 #aja 7,wanika72 ,franois1 ,nama und ,damara1 ,deutsch-,sd-,west-,afrika1 p4 #bea 7,mountain ,damaras72 ,rowley1 ,africa ,unveiled1 p4 #afd2 ,lane1 ,manners and ,customs of the ,modern ,egyptians1 p4 #gj sq42 ,urquhart1 op4 cit4 ii4 #bfe sq4 7,turks72 ,schmidt1 ,ethik der alten ,griechen1 ii4 #adf1 #aee4 ,it is said in the ,talmud that the child loves its mother more than its father1 whilst it fears its father more than its mother 7,deutsch1 ,literary ,remains1 p4 #ee74 ,footnote #bjb3 ,hsio ,king1 #i 7,sacred ,books of the ,east1 iii4 #dgi74 ,laws of ,manu1 ii4 #bbg4 ,plato1 ,leges1 iv4 #gag4 ,footnote #bjc3 ,loskiel1 ,history of the ,mission of the ,united ,brethren among the ,indians in ,north ,america1 i4 #ae4 ,footnote #bjd3 ,kingsley1 ,west ,african ,studies1 p4 #adb4 ,footnote #bje3 ,villot1 ,moeurs1 coutumes et institutions des indignes de l',algrie1 p4 #dg4 ,footnote #bjf3 ,schuermann1 ',aboriginal ,tribes of ,port ,lincoln1' in ,woods1 ,native ,tribes of ,south ,australia1 p4 #bbf4 ,cf4 ,nelson1 ',eskimo about ,bering ,strait1' in ,ann4 ,rep4 ,bur4 ,ethn4 xviii4 #cjd4 ,footnote #bjg3 ,chanler1 op4 cit4 pp4 #bdg1 #beb4 ,footnote #bjh3 ,dawson1 ,australian ,aborigines1 p4 #eb4 ,footnote #bji3 ,angas1 ,savage ,life and ,scenes in ,australia and ,new ,zealand1 i4 #cag4 ,footnote #baj3 ,charlevoix1 ,history of ,paraguay1 i4 #djf4 ,footnote #baa3 ,niebuhr1 ,travels in ,arabia1 ii4 #baf4 ,the beliefs held regarding the dead also influence the treatment of the aged whose lives are drawing to an end4 ,certain ,african tribes treat their old people with every kindness in order to secure their goodwill after death4#bab ,a missionary in ,east ,africa heard a negro say with reference to an old man1 ,we will do what he says1 because he is soon going to die4#bac ,the ,omahas were afraid to abandon their aged on the prairie when away from their permanent villages lest ,wakanda should punish them2#bad and in this case it seems that ,wakanda1 at least originally meant the ghost of the dead4 ,the ,niase is an egoist ever in his respect for the old1 because he hopes that they will protect and assist him when they are dead4#bae ,in ,china the doctrine that ghosts may interfere at any moment with human business and fate1 either favourably or unfavourably1 enforces respect for human life and a charitable #fba treatment of the infirm1 the aged1 and the sick1 especially if they stand on the brink of the grave4#baf ,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 them4 ,of the ,dacotahs ,prescott observes1 ,veneration is very great in some ,indians for old age1 and they all feel it for the dead4#bag ,the worship of ancestors is a distinguishing characteristic of the religious system of ,southern ,guinea2 the profound respect for aged persons1 by a very natural operation of the mind1 is turned into idolatrous regard for them when dead4#bah ,the ,barotse chiefly worship the souls of their ancestors4 4 4 4 ,cognate to this worship of ancestors is the great respect displayed for parents and the old--especially the eldest of a family or tribe4#bai ,among the ,herero the tomb of a father is the most important of all holy places1 the soul of a father the oracle most often consulted4#bbj ,the ,aetas of the ,philippine ,islands have a profound respect for old-age and for their dead4#bba ,the ,ossetes show the greatest love and veneration to their parents1 to old age generally1 and especially to the memory of their ancestors4#bbb ,in cases like these1 however1 it is impossible accurately to distinguish between cause and effect4 ,whilst the worship of the dead is1 in the first place1 due to the mystery of death1 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 soul4 ,footnote #bab3 ,arnot1 op4 cit4 p4 #gh1 note4 ,footnote #bac3 ,lippert1 ,kulturgeschichte der ,menschheit1 i4 #bbi4 ,footnote #bad3 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #cfi4 ,cf4 ibid4 p4 #bge4 ,footnote #bae3 ,modigliani1 ,viaggio a ,nas1 p4 #dfg4 ,footnote #baf3 de ,groot1 op4 cit4 7vol4 iv4 book7 ii4 #dej4 ,footnote #bag3 ,prescott1 in ,schoolcraft1 ,indian ,tribes of the ,united ,states1 ii4 #aif4 ,footnote #bah3 ,wilson1 ,western ,africa1 p4 #cib sq4 ,footnote #bai3 ,decle1 ,three ,years in ,savage ,africa1 p4 #gd sq4 ,footnote #bbj3 ,franois1 op4 cit4 p4 #aib4 ,footnote #bba3 ,foreman1 op4 cit4 p4 #bji4 ,footnote #bbb3 von ,haxthausen1 ,transcaucasia1 p4 #dad4 ,there are thus obvious reasons for the connection between filial submissiveness and religious beliefs2 but the chief cause of this connection seems to be the extreme importance frequently attached to the curses and blessings of parents4 ,among the ,nandi in ,central ,africa1 if a #fbb son refuses to obey his father in any serious matter1 the father solemnly strikes the son with his fur mantle4 ,this is equivalent to a most serious curse1 and is supposed to be fatal to the son unless he obtains forgiveness1 which he can only do by sacrificing a goat before his father4#bbc ,among the ,mpongwe there is nothing which a young person so much deprecates as the curse of an aged person1 and especially that of a revered father4#bbd ,the ,barea and ,kunma are convinced that any undertaking which has not the blessing of the old people will fail1 that every curse uttered by them must be destructive4#bbe ,among the ,bogos nobody takes an employment or gives it up1 nobody engages in a business or contracts a marriage1 before he has received the blessing of his father or his master4#bbf ,among the ,herero1 when a chief feels his dissolution approaching1 he calls his sons to the bedside1 and gives them his benediction4#bbg ,the ,moors have a proverb that if the saints curse you the parents will cure you1 but if the parents curse you the saints will not cure you4 ,the ancient ,hebrews believed that parents1 and especially a father1 could by their blessings or curses determine the fate of their children2#bbh indeed1 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 blessings4 ,we still meet with the original idea in ,ecclesiasticus1 where it is said3 ,honour thy father and mother both in word and deed1 that a blessing may come upon thee from them4 ,for the blessing of the father establisheth the houses of children2 but the curse of the mother rooteth out foundations4#bbi ,the same notion that the parents' blessings beget prosperity1 and that their curses bring ruin1 prevailed in ancient ,greece4 ,plato says #fbc in his ',laws'3--,neither ,god1 nor a man who has understanding1 will ever advise any one to neglect his parents4 4 4 4 ,if a man has a father or mother1 or their fathers or mothers treasured up in his house stricken in years1 let him consider that no statue can be more potent to grant his requests than they are1 who are sitting at his hearth1 if only he knows how to show true service to them4 4 4 4 ,oedipus1 as tradition says1 when dishonoured by his sons1 invoked on them curses which every one declares to have been heard and ratified by the gods1 and ,amyntor in his wrath invoked curses on his son ,phoenix1 and ,theseus upon ,hippolytus1 and innumerable others have also called down wrath upon their children1 whence it is clear that the gods listen to the imprecations of parents2 for the curses of parents are1 as they ought to be1 mighty against their children as no others are4 ,and shall we suppose that the prayers of a father or mother who is specially dishonoured by his or her children1 are heard by the gods in accordance with nature2 and that if a parent is honoured by them1 and in the gladness of his heart earnestly entreats the gods in his prayers to do them good1 he is not equally heard1 and that they do not minister to his request8 4 4 4 ,therefore1 if a man makes a right use of his father and grandfather and other aged relations1 he will have images which above all others will win him the favour of the gods4#bcj ,originally the efficacy of parents' curses and blessings were ascribed to a magic power immanent in the spoken word itself1 and their ,erinyes1 who were no less terrible than the ,erinyes of neglected guests1#bca were only personifications of their curses4#bcb ,but in this1 as in other similar cases already noticed1 the fulfilment of the curse or the blessing came afterwards to be looked upon as an act of divine justice4 ,according to ,plato1 ,nemesis1 the messenger of justice1 watches over unbecoming words uttered #fbd to a parent2#bcc and ,hesiod says that if anybody reproaches an aged father or mother ,zeus himself is wroth1 and at last1 in requital for wrong deeds1 lays on him a bitter penalty4#bcd ,it also seems to be beyond all doubt that the divi parentum of the ,romans1 like their dii hospitales1 were nothing but personified curses4 ,for it is said1 ,if a son beat his parent and he cry out1 the son shall be devoted to the parental gods for destruction4#bce ,in aristocratic families in ,russia children used to stand in mortal fear of their fathers' curses2#bcf 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 couple4#bcg ,some of the ,southern ,slavs maintain that if a son does not fulfil the last will of his father1 the soul of the father will curse him from the grave4#bch ,the ,servians say1 ,without reverence for old men1 there is no salvation4#bci ,footnote #bbc3 ,johnston1 ,uganda ,protectorate1 ii4 #hgi4 ,footnote #bbd3 ,wilson1 ,western ,africa1 p4 #cic4 ,footnote #bbe3 ,munzinger1 ,ostafrikanische ,studien1 p4 #dge4 ,footnote #bbf3 ,idem1 ,sitten der ,bogos1 p4 #ij sq4 ,footnote #bbg3 ,andersson1 ,lake ,ngami1 p4 #bbh4 ,footnote #bbh3 ,genesis1 ix4 #be sqq42 xxvii4 #d1 #ai1 #bc1 #be1 #bg sqq42 xlviii4 #i1 #ad sqq42 xlix4 #d1 #g sqq4 ,judges1 xvii4 #b4 ,cf4 ,cheyne1 ',blessings and ,cursings1' in ,encyclopdia ,biblica1 i4 #eib2 ,nowack1 ',blessing and ,cursing1' in ,jewish ,encyclopedia1 iii4 #bdd4 ,footnote #bbi3 ,ecclesiasticus1 iii4 #h sq4 ,cf4 ibid4 iii4 #af4 ,footnote #bcj3 ,plato1 ,leges1 xi4 #icj sq4 ,cf4 ibid4 iv4 #gag4 ,footnote #bca3 ,aeschylus1 ,eumenides1 #ede sqq4 ,footnote #bcb3 ,see ,iliad1 xxi4 #dab sq42 ,sophocles1 ,,oedipus ,coloneus1 #abii1 #adcd2 von ,lasaulx1 ,der ,fluch bei ,griechen und ,rmern1 p4 #h2 ,mller1 ,dissertations on the ,eumenides1 p4 #aee sqq42 ,rohde1 ',paralipomena1' in ,rheinisches ,museum fr ,philologie1 #ahie1 p4 #g4 ,footnote #bcc3 ,plato1 ,leges1 iv4 #gag4 ,footnote #bcd3 ,hesiod1 ,opera et dies1 #cca sqq4 7#cbi sqq474 ,footnote #bce3 ,servius ,tullius1 in ,bruns1 ,fontes ,juris ,romani antiqui1 p4 #ad1 and ,festus1 ,de verborum significatione1 ver4 ,plorare3 ,si parentem puer verberit1 ast olle plorassit1 puer divis parentum sacer esto4 ,cf4 ,leist1 ,alt-arisches ,jus ,civile1 i4 #ahd4 ,footnote #bcf3 ,i am indebted to ,prince ,kropotkin for this statement4 ,footnote #bcg3 ,kovalewsky1 ,modern ,customs and ,ancient ,laws of ,russia1 p4 #cg4 ,footnote #bch3 ,krauss1 op4 cit4 p4 #aai4 ,footnote #bci3 ,maine1 ,early ,law and ,custom1 p4 #bdc4 ,in various instances the rewards or punishments attached to the behaviour of children seem to spring from the belief in parental blessings and curses1 although the cause is not expressly mentioned4 ,according to ancient ,hindu ideas1 a father1 mother1 and spiritual teacher are equal to the three ,vedas1 equal to the three gods1 ,brahman1 ,vishnu1 and ,siva4#bdj ,a man who shows no regard for them derives no benefit from any religious observance2 whereas1 by honouring his mother1 he gains the present world2 by honouring his father1 the world of gods2 and by paying strict obedience to his spiritual teacher1 the world of ,brahman4#bda ,as in ,greece a person who had assaulted his parent was regarded as polluted by a curse1#bdb so according #fbe to the sacred law of ,india1 those who quarrel with their father1 and those who have forsaken their father1 mother1 or spiritual teacher1 defile a company and must not be entertained at a ,srddha offering4#bdc ,those who have struck any of these persons cannot be readmitted until they have been purified with water taken from a sacred lake or river4#bdd ,the stain of disobedience towards mother and father is purged away with barley-corns1 like food which has been licked at by dogs or pigs1 or defiled by crows and impure men4#bde ,in the ,dhammapada it is said that to him who always greets and constantly reveres the aged four things will increase1 namely1 life1 beauty1 happiness1 and power4#bdf ,the ,coreans believe that the richest rewards on earth and brightest heaven hereafter await the filial child1 whereas curses and disgrace in this life and the hottest hell in the world hereafter are the penalties of the disobedient or neglectful child4#bdg ,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 account4#bdh ,the following is an exhortation which an ,aztec gave to his son3--,guard against imitating the example of those wicked sons who1 like brutes that are deprived of reason1 neither reverence their parents1 listen to their instruction1 nor submit to their correction2 because whoever follows their steps will have an unhappy end1 will die in a desperate or sudden manner1 or will be killed and devoured by wild beasts4#bdi ,and if an ,aztec married without the sanction of his parents1 the belief was that he would be punished with some misfortune4#bej ,the ,aleuts were of opinion that those who were attentive to feeble old men1 expecting in exchange their good advice only1 would be long-lived and fortunate in the chase and in war1 and would not be neglected when growing old #fbf themselves4#bea ,in the ,tonga ,islands disrespect to one's superior relations is little short of sacrilege to the gods1 and to pay respect to chiefs is a superior sacred duty1 the non-fulfilment of which it is supposed the gods would punish almost as severely as disrespect to themselves4#beb ,in the same islands great efficacy is ascribed to curses which are uttered by a superior4#bec ,footnote #bdj3 ,institutes of ,vishnu1 xxxi4 #g4 ,laws of ,manu1 ii4 #bcj4 ,footnote #bda3 ,institutes of ,vishnu1 xxxi4 #i sq4 ,cf4 ,laws of ,manu1 ii4 #bcc sq4 ,footnote #bdb3 ,plato1 ,leges1 ix4 #hha4 ,footnote #bdc3 ,institutes of ,vishnu1 lxxxii4 #bh sqq4 ,footnote #bdd3 ,vasishtha1 xv4 #ai sq4 ,footnote #bde3 ,baudhyana1 iii4 #f4 #e4 ,institutes of ,vishnu1 xlviii4 #bj4 ,footnote #bdf3 ,dhammapada1 #aji4 ,footnote #bdg3 ,griffis1 ,corea1 p4 #bcf4 ,footnote #bdh3 ,precepts of ,ptah-,hotep1 #ci4 ,footnote #bdi3 ,clavigero1 op4 cit4 i4 #ccb4 ,torquemada1 ,monarchia ,indiana1 ii4 #dic4 ,footnote #bej3 ,torquemada1 op4 cit4 ii4 #dae4 ,footnote #bea3 ,veniaminof1 quoted by ,petroff1 loc4 cit4 p4 #aee4 ,footnote #beb3 ,mariner1 op4 cit4 ii4 #bcg1 #aee4 ,footnote #bec3 ,ibid4 ii4 #bch4 ,why are the blessings and curses of parents supposed to possess such an extraordinary power8 ,one reason is no doubt the mystery of old age and the nearness of death4 ,as appears from several of the cases already referred to1 it is not parents only but old people generally that are held capable of giving due effect to their good and evil wishes1 and this capacity is believed to increase when life is drawing to its close4 ,the ,herero know really no blessing save that conferred by the father on his death-bed4#bed ,according to old ,teutonic ideas1 the curse of a dying person was the strongest of all curses4#bee ,a similar notion prevailed among the ancient ,arabs2#bef 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 numbered4#beg ,but1 at the same time1 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 held4 ,the influence which such a superiority has upon the efficacy of curses is well brought out by various facts4 ,according to the ,greek notion1 the ,erinyes avenged wrongs done by younger members of a family to elder ones1 even brothers and sisters1 but not vice vers4#beh ,the ,arabs of ,morocco say that the curse of a husband is as potent as that of a father4 ,the ,tonga ,islanders believe #fbg that curses have no effect if the party who curses is considerably lower in rank than the party cursed4#bei ,moreover1 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 degree4#bfj ,footnote #bed3 ,ratzel1 ,history of ,mankind1 ii4 #dfh4 ,footnote #bee3 ,grimm1 ,teutonic ,mythology1 iv4 #afij4 ,footnote #bef3 ,wellhausen1 ,reste arabischen ,heidentums1 pp4 #aci1 #aia4 ,footnote #beg3 ,cheyne1 in ,encyclopdia ,biblica1 i4 #eib4 ,footnote #beh3 ,iliad1 xv4 #bjd3 ,thou knowest how the ,erinyes do always follow to aid the elder-born4 ,cf4 ,mller1 ,dissertations on the ,eumenides1 p4 #aee sq4 ,footnote #bei3 ,mariner1 op4 cit4 ii4 #bch4 ,footnote #bfj3 ,cf4 ,nowack1 in ,jewish ,encyclopedia1 iii4 #bdc sq4 ,however1 the facts which we have hitherto considered are hardly sufficient to account for the extraordinary development of the paternal authority in the archaic ,state4 ,great though it be1 the influence which magic and religious beliefs exercise upon the paternal authority is1 as we have just seen1 largely of a reactive character4 ,a father's blessings would not be so eagerly sought for1 nor would his curses be so greatly feared1 if he were a less important personage in the family4 ,so1 too1 as ,sir ,henry ,maine aptly remarks1 the father's power is older than the practice of worshipping him4 ,why should the dead father be worshipped more than any other member of the household unless he was the most prominent--it may be said1 the most awful--figure in it during his life8#bfa ,we must assume that there exists some connection between the organisation of the family and the political constitution of the society4 ,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 family4 ,but1 as will be shown in a following chapter1 this was changed when clans and tribes were united into a ,state4 ,the new ,state tended to weaken and destroy the clan-system1 whereas at the same time the family-tie grew in strength4 ,in early society there seems to be an antagonism between the family and the clan4 ,where the clan-bond is very strong it encroaches upon the family feeling1 and where it is loosened the family gains4 ,hence ,dr4 ,grosse is probably right in his #fbh assumption that the father became a patriarch1 in the true sense of the word1 only as the inheritor of the authority which formerly belonged to the clan4#bfb ,footnote #bfa3 ,maine1 ,early ,law and ,custom1 p4 #gf4 ,footnote #bfb3 ,grosse1 ,die ,formen der ,familie1 p4 #bai4 ,but whilst in its early days the ,state strengthened the family by weakening the clan1 its later development had a different tendency4 ,when national life grew more intense1 when members of separate families drew nearer to one another in pursuit of a common goal1 the family again lost in importance4 ,it has been observed that in ,england and ,america1 where political life is most highly developed1 children's respect for their parents is at a particularly low ebb4#bfc ,other factors also1 inherent in progressive civilisation1 contributed to the downfall of the paternal power--the extinction of ancestor-worship1 the decay of certain superstitious beliefs1 the declining influence of religion1 and last1 but not least1 the spread of a keener mutual sympathy throughout the ,state1 which could not tolerate that the liberty of children should be sacrificed to the despotic rule of their fathers4 ,footnote #bfc3 ,monier ,williams1 ,indian ,wisdom1 p4 #ddj1 n4 #a4 ,,chapter ,,xxvi ,,the ,,subjection ,,of ,,wives ,,among the lower races1 as a rule1 a woman is always more or less in a state of dependence4 ,when she is emancipated by marriage from the power of her father1 she generally passes into the power of her husband4 ,but the authority which the latter possesses over his wife varies extremely among different peoples4 ,frequently the wife is said to be the property or slave of her husband4 ,in ,fiji the women are kept in great subjection4 4 4 4 ,like other property1 wives may be sold at pleasure1 and the usual price is a musket4#a ,the ,carib woman is always in bondage to her male relations4 ,to her father1 brother1 or husband she is ever a slave1 and seldom has any power in the disposal of herself4#b ,many ,north ,american ,indians are said to treat their wives much as they treat their dogs4#c ,among the ,shoshones the man is the sole proprietor of his wives and daughters1 and can barter them away1 or dispose of them in any manner he may think proper4#d ,among the ,east ,african ,wanika a woman is a toy1 a tool1 a slave in the very worst sense2 indeed she is treated as though she were a #fcj mere brute4#e ,many other statements to a similar effect are met with in ethnographical literature4#f ,footnote #a3 ,wilkes1 ,u4,s4 ,exploring ,expedition1 iii4 #ccb4 ,footnote #b3 ,brett1 ,indian ,tribes of ,guiana1 p4 #cec4 ,footnote #c3 ,harmon1 ,journal of ,voyages in the ,interior of ,north ,america1 p4 #cdd4 ,footnote #d3 ,lewis and ,clarke1 ,travels to the ,source of the ,missouri ,river1 p4 #cjg4 ,footnote #e3 ,new1 ,life1 ,wanderings1 and ,labourings in ,eastern ,africa1 p4 #aai4 ,footnote #f3 ,gibbs1 ',tribes of ,western ,washington and ,northwestern ,oregon1' in ,contributions to ,n4 ,american ,ethnology1 i4 #aih4 von ,martius1 ,beitrge zur ,ethnographie ,amerika's1 i4 #ajd 7,brazilian ,indians74 ,reade1 ,savage ,africa1 p4 #edh 7,negroes of ,equatorial ,africa74 ,proyart1 ',history of ,loango1' in ,pinkerton1 ,collection of ,voyages and ,travels1 xvi4 #egj 7,negroes of ,loango74 ,andersson1 ,notes on ,travel in ,south ,africa1 p4 #bcf 7,ovambo74 ,castrn1 ,nordiska resor och forskningar1 i4 #caj2 ii4 #ef 7,ostyaks74 ,in all these cases women are said to be mere articles of commerce1 or slaves1 or kept in a state of dependence bordering on slavery4 ,in other instances women are said to be oppressed by their husbands1 or treated as inferior beings 7,waitz -,gerland1 ,anthropologie der ,naturvlker1 iii4 #ajj ,north ,american ,indians2 vi4 #fbf ,melanesians4 ,bancroft1 ,native ,races of the ,pacific ,states1 i4 #aba ,hare and ,sheep ,indians4 ,powers1 ,tribes of ,california1 p4 #acc ,yuki4 ,tuckey1 ,expedition to ,explore the ,river ,zaire1 p4 #cga ,negroes4 ,ling ,roth1 ,aborigines of ,tasmania1 p4 #ed74 ,yet it seems that even in cases where the husband's power over his wife is described as absolute1 custom has not left her entirely destitute of rights4 ,of the ,australian aborigines in general it is said that the husband is the absolute owner of his wife 7or wives72#g of the natives of ,central ,australia1 that each father of a family rules absolutely over his own circle2#h of certain tribes in ,west ,australia1 that the state of slavery in which the women are kept is truly deplorable1 and that the mere presence of their husbands makes them tremble4#i ,but we have reason to believe that there is some exaggeration in these statements1 and they certainly do not hold good of the whole ,australian race4 ,we have noticed above that custom does not really allow the ,australian husband full liberty to kill his wife4#aj ,for punishing or divorcing her he must sometimes have the consent of the tribe4#aa ,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 tribe1 and he may have to suffer for it4#ab ,in ,north-,west-,central ,queensland the women are on one special occasion #fca allowed themselves to inflict punishments upon the men3 at a certain stage of the initiation ceremony each woman can exercise her right of punishing any man who may have ill-treated1 abused1 or 'hammered' her1 and for whom she may have waited months or perhaps years to chastise4#ac ,of the natives of ,central ,australia ,messrs4 ,spencer and ,gillen say that the women are certainly not treated usually with anything which could be called excessive harshness2#ad and we hear from various authorities that in several ,australian tribes married people are often much attached to each other1 and continue to be so even when they grow old4#ae ,among the aborigines of ,new ,south ,wales1 for instance1 the husbands are as a general rule fond of their wives1 and the wives loyal and affectionate to their husbands4#af ,nay1 white men who have lived among the blacks assure us that there are henpecked husbands even in the ,australian desert4#ag ,footnote #g3 ,curr1 ,the ,australian ,race1 i4 #aji4 ,footnote #h3 ,eyre1 ,expeditions of ,discovery into ,central ,australia1 ii4 #cag4 ,footnote #i3 ,salvado1 ,mmoires historiques sur l',australie1 p4 #bgi4 ,for other similar statements referring to the ,australian aborigines1 see ,nieboer1 ,slavery as an ,industrial ,system1 p4 #aa4 ,footnote #aj3 ,supra1 p4 #dah4 ,footnote #aa3 ,nieboer1 op4 cit4 p4 #ag4 ,footnote #ab3 ,ibid4 p4 #ah4 ,footnote #ac3 ,roth1 ,ethnol4 ,studies among the ,north-,west-,central ,queensland ,aborigines1 pp4 #ada1 #agf4 ,footnote #ad3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #ej4 ,footnote #ae3 ,westermarck1 ,history of ,human ,marriage1 p4 #cei4 ,stirling1 ,report of the ,horn ,expedition to ,central ,australia1 ,anthropology1 p4 #cf4 ,footnote #af3 ,hill and ,thornton1 ,aborigines of ,new ,south ,wales1 p4 #g4 ,footnote #ag3 ,calvert1 ,aborigines of ,western ,australia1 p4 #ca4 ,other instances may be added to show that the so-called absolute authority of husbands over their wives is not to be taken too literally4 ,of the ,guiana ,indians ,sir ,e4 ,f4 ,im ,thurn observes3--,the woman is held to be as completely the property of the man as his dog4 ,he may even sell her if he chooses4#ah ,but in another place the same authority admits not only that the women in a quiet way may have a considerable influence with the men1 but that1 even if the men were--though this is in fact quite contrary to their nature--inclined to treat them cruelly1 public opinion would prevent this4#ai ,of the ,plains ,indians of the ,united ,states ,colonel ,dodge writes3--,the husband owns his wife entirely4 ,he may abuse her1 beat her1 even kill her without question4 ,she is more absolutely a slave than any negro before the war of rebellion4 ,but #fcb 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 man1 the sole condition being that the new husband must have the means to pay for her4#bj ,among the ,chippewyans the women are said to be as much in the power of the men as any other articles of their property1 although1 at the same time1 they are always consulted1 and possess a very considerable influence in the traffic with ,europeans1 and other important concerns4#ba ,among the ,mongols a woman is entirely dependent on her husband2 yet in the household the rights of the wife are nearly equal to those of the husband4#bb ,dr4 ,paulitschke tells us that among the ,somals1 ,danakil1 and ,gallas1 a wife has no rights whatever in relation to her husband1 being merely a piece of property2 but subsequently we learn that she is his equal1 and a mistress of her own will4#bc ,we must certainly not1 like ,mr4 ,spencer1 conclude that where women are exchangeable for oxen or other beasts they are of course regarded as equally without personal rights4#bd ,the bride-price is a compensation for the loss sustained in the giving up of the girl1 and a remuneration for the expenses incurred in her maintenance till the time of her marriage2#be it does not eo ipso confer on the husband absolute rights over her4 ,with reference to certain tribes in ,south-,eastern ,africa1 the ,rev4 ,james ,macdonald observes3--,a man obtains a wife by giving her father a certain number of cattle4 ,this1 though often called such1 is not purchase in the usual sense of the word4 ,the woman does not become a chattel4 ,she cannot be resold or ill-treated beyond well-defined legal limits4 ,she retains certain rights to property and an interest in the cattle paid for her4 ,they are a guarantee for the husband's good #fcc behaviour4#bf ,there are even peoples among whom the husband's authority hardly exists1 although he has had to pay for his wife4#bg ,footnote #ah3 ,im ,thurn1 ,indians of ,guiana1 p4 #bbc4 ,footnote #ai3 ,ibid4 p4 #bae4 ,footnote #bj3 ,dodge1 ,our ,wild ,indians1 p4 #bje sq4 ,footnote #ba3 ,mackenzie1 ,voyages to the ,frozen and ,pacific ,oceans1 p4 cxxii4 sq4 ,schoolcraft1 ,archives of ,aboriginal ,knowledge1 v4 #agf4 ,footnote #bb3 ,prejevalsky1 ,mongolia1 i4 #fi sqq4 ,footnote #bc3 ,paulitschke1 ,ethnographie ,nordost-,afrikas1 pp4 #ahi1 #aij1 #bdd4 ,footnote #bd3 ,spencer1 ,principles of ,sociology1 i4 #gej4 ,footnote #be3 ,westermarck1 ,history of ,human ,marriage1 p4 #djb4 ,footnote #bf3 ,macdonald1 ,light in ,africa1 p4 #aei4 ,footnote #bg3 ,e4g41 the ,navahos and ,pelew ,islanders 7,westermarck1 op4 cit4 pp4 #cib1 #cic1 #cih sq4 ,for the position of wives among these peoples1 see infra1 pp4 #fch1 #fdc74 ,among many peoples the hardest drudgeries of life are said to be imposed on the women4 ,among the ,kutchin the women are literally beasts of burden to their lords and masters4 ,all the heavy work is performed by them4#bh ,the ,californian ,karok1 while on a journey1 lays by far the greatest burdens on his wife1 whom he regards as a drudge4#bi ,among the ,kenistenos the life of the women is an uninterrupted succession of toil and pain1 hence they are sometimes known to destroy their female children1 to save them from the miseries which they themselves have suffered4#cj ,the condition of the women among the ,chaymas1 says von ,humboldt1 like that in all semi-barbarous nations1 is a state of privation and suffering4 ,the hardest labour is their share4#ca ,among the ,australian aborigines wives have to undergo all the drudgery of the camp and the march1 have the poorest food and the hardest work4#cb ,in ,eastern ,central ,africa the women hold an inferior position4 ,they are viewed as beasts of burden1 which do all the harder work4#cc ,among the ,kakhyens the men are averse to labour1 but the lot of all women1 irrespective of rank1 is one of drudgery2#cd and so forth4#ce ,but it seems that #fcd these and similar statements1 however correct they be1 hardly express the whole truth4 ,in early society each sex has its own pursuits4 ,the man is responsible for the protection of the family1 and1 ultimately1 for its support4 ,his occupations are such as require strength and agility--fighting1 hunting1 fishing1 the construction of implements for the chase and war1 and1 frequently1 the cutting of trees and the building of lodges4#cf ,the woman may accompany him as a helpmate on his expeditions1 sometimes even participating in the battle1#cg and when they travel she generally carries the baggage4 ,but her principal occupations are universally of a domestic kind3 she procures wood and water1 prepares the food1 dresses skins1 makes clothes1 takes care of the children4 ,she1 moreover1 supplies the household with vegetable food1 gathers roots1 berries1 acorns1 and so forth1 and among agricultural peoples very frequently cultivates the soil4 ,whilst cattle-rearing1 having developed out of the chase1 is largely a masculine pursuit1#ch agriculture1 having developed out of collecting seeds and plants1 originally devolves on the women4#ci ,footnote #bh3 ,hardisty1 ',loucheux ,indians1' in ,smithsonian ,report1 #ahff1 p4 #cab4 ,footnote #bi3 ,powers1 op4 cit4 p4 #bc sq4 ,footnote #cj3 ,schoolcraft1 ,archives of ,aboriginal ,knowledge1 v4 #afg4 ,footnote #ca3 von ,humboldt1 ,personal ,narrative of ,travels1 iii4 #bch4 ,footnote #cb3 ,curr1 ,the ,australian ,race1 i4 #aaj4 ,footnote #cc3 ,macdonald1 ,africana1 i4 #ce4 ,footnote #cd3 ,anderson1 ,mandalay to ,momien1 p4 #acg4 ,footnote #ce3 ,for other instances1 see ,mackenzie1 ,voyages to the ,frozen and ,pacific ,oceans1 p4 #adg 7,rocky ,mountain ,indians72 ,parker1 in ,schoolcraft1 ,archives1 v4 #fhd 7,comanches72 ,im ,thurn1 op4 cit4 p4 #bae 7,guiana ,indians72 ,keane1 ',botocudos1' in ,jour4 ,anthr4 ,inst4 xiii4 #bjf2 ,weddell1 ,voyage towards the ,south ,pole1 p4 #aef1 ,darwin1 ,journal of ,researches1 p4 #baf1 and ,bove1 ,patagonia1 p4 #aca 7,fuegians72 ,nieboer1 op4 cit4 p4 #ac sqq4 7,australian aborigines72 ,williams and ,calvert1 ,fiji1 p4 #ade2 ,forster1 ,voyage round the ,world1 ii4 #cbd 7natives of ,tana1 of the ,new ,hebrides72 ,zimmermann1 ,inseln des indischen und stillen ,meeres1 ii4 #ag 7,new ,caledonians71 #aje 7,new ,irelanders72 ,lewin1 ,wild ,races of ,south-,eastern ,india1 pp4 #aib 7,toungtha71 #bed sq4 7,kukis72 ,rowney1 ,wild ,tribes of ,india1 p4 #bad 7most of the wild tribes of ,india72 ,reade1 op4 cit4 pp4 #ea1 #bei1 #ede 7various ,african peoples72 ,waitz1 ,anthropologie der ,naturvlker1 ii4 #aag 7,negroes72 ,valdau1 ',om ,ba-,kwileh folket1' in ,ymer1 v4 #afg1 #afi4 ,footnote #cf3 ,see ,spencer1 ,principles of ,sociology1 i4 #gej sqq4 ,footnote #cg3 ,for women taking part in battles1 see ,schoolcraft1 ,indian ,tribes of the ,united ,states1 i4 #bcf 7,comanches72 ,powers1 op4 cit4 pp4 #bdf 7,shastika ,indians of ,california71 #bec 7,modok ,indians of ,california72 ,waitz -,gerland1 op4 cit4 iii4 #cge 7,caribs71 vi4 #aba 7,maoris72 ,wilkes1 op4 cit4 v4 #ic 7,kingsmill ,islanders72 ,kotzebue1 ,voyage of ,discovery into the ,south ,sea1 iii4 #aga 7natives of ,radack74 ,footnote #ch3 ,grosse1 ,die ,formen der ,familie1 p4 #ib sqq4 ,footnote #ci3 ,ibid4 p4 #aei4 ,hildebrand1 ,recht und ,sitte auf den verschiedenen wirthschaftlichen ,kulturstufen1 p4 #dd sqq4 ,dargun1 ',ursprung und ,entwicklungsgeschichte des ,eigenthums1' in ,zeitschr4 f4 vergl4 ,rechtswiss4 v4 #ci1 #aaj4 ,bcher1 ,die ,entstehung der ,volkswirthschaft1 p4 #cf sqq4 ,schurtz1 ,das afrikanische ,gewerbe1 p4 #g4 ,ling ,roth1 ',origin of ,agriculture1' in ,jour4 ,anthr4 ,inst4 xvi4 #aai sq4 ,mason1 ,woman's ,share in ,primitive ,culture1 pp4 #ae sqq41 #adf sqq41 #bgg sq4 ,havelock ,ellis1 ,man and ,woman1 p4 #e4 von den ,steinen1 ,unter den ,naturvlkern ,zentral-,brasiliens1 p4 #bad4 von ,schuetz-,holzhausen1 ,der ,amazonas1 p4 #fg 7,peruvian ,indians74 ,waitz1 op4 cit4 iii4 #cgf 7,caribs74 ,prescott1 in ,schoolcraft1 ,indian ,tribes of the ,united ,states1 i4 #bce 7,dacotahs74 ,colden1 ibid4 iii4 #aia2 ,seaver1 ,narrative of the ,life of ,mrs4 ,mary ,jemison1 p4 #afh 7,iroquois74 ',die ,baluga-,negritos der ,provinz ,pampanga 7,luzon71' in 9999,globus1 xli4 #bch4 ,zller1 ,kamerun1 iii4 #eh 7,banaka and ,bapuku74 ,mller1 ,pagels1 and ,gleerup1 ,tre r i ,kongo1 i4 #abi1 #acg 7,kuilu ,negroes71 #bgj 7,bakongo74 ,valdau1 in ,ymer1 v4 #afe 7,bakwileh74 ,burrows1 ',natives of the ,upper ,welle ,district1' in ,jour4 ,anthr4 ,inst4 xxviii4 #da 7,niam-,niam74 ,new1 op4 cit4 pp4 #aad 7,wanika71 #cei 7,wataveta74 ,stuhlmann1 ,mit ,emin ,pascha ins ,herz von ,afrika1 p4 #ahb 7,waganda74 ,pogge1 ,im ,reiche des ,muata ,jamwo1 p4 #bdc 7,kalunda of ,mussumba74 ,decle1 ,three ,years in ,savage ,africa1 pp4 #gh1 #gi1 #he 7,barotse71 #afj 7,matabele74 von ,weber1 ,vier ,jahre in ,afrika1 ii4 #aie 7,zulus74 ,there are1 however1 exceptions to the rule4 ,among the ,creeks and ,cherokee ,indians not a third part as many women as men are seen at work in their plantations 7,bartram1 in ,trans4 ,american ,ethn4 ,soc4 iii4 pt i4 #ca74 ,among the ,wakamba both sexes work in the fields1 all heavy work1 such as clearing and breaking new ground1 being done by men 7,decle1 op4 cit4 p4 #dic74 ,among various peoples1 indeed1 such agricultural work as requires considerable strength devolves on the male sex 7,hildebrand1 op4 cit4 p4 #dd sqq4 ,havelock ,ellis1 ,man and ,woman1 p4 #e74 ,in the ,malay ,archipelago the men are chiefly engaged in the field-work 7,ratzel1 ,history of ,mankind1 i4 #dda74 ,in the ,kingsmill ,islands 7,wilkes1 op4 cit4 v4 #ia71 ,tonga 7,cook1 ,voyage to the ,pacific ,ocean1 i4 #cij sqq471 and the ,caroline ,group 7,cantova1 quoted ibid4 i4 #cib1 note7 the soil is cultivated by the men4 ,among the ,gallas1 whilst the women tend the sheep and oxen in the field1 and manage the hives of bees1 the men plough1 sow1 and reap 7,harris1 ,highlands of ,aethiopia1 iii4 #dg74 #fce ,the various occupations of life are thus divided between the sexes according to rules2 and1 though the formation of these rules no doubt has been more or less influenced by the egoism of the stronger sex1 the essential principle from which they spring lies deeper4 ,they are on the whole in conformity with the indications which nature herself has given4 ,take1 for instance1 the apparently cruel custom of using the women as beasts of burden4 ,to the superficial observer1 as ,m4 ,pinart remarks--with special reference to the ,panama ,indians1--it may indeed seem strange that the woman should be charged with a heavy load1 while the man walking before her carries nothing but his weapons4 ,but a little reflection will make it plain that the man has good reason for keeping himself free and mobile4 ,the little caravan is surrounded with dangers3 when traversing a savannah or a forest a hostile ,indian may appear at any moment1 or a tiger or a snake may lie in wait for the travellers4 ,hence the man must be on the alert1 and ready in an instant to catch his arms to defend himself and his family against the aggressor4#dj ,dobrizhoffer writes1 ,the luggage being all committed to the women1 the ,abipones travel armed #fcf with a spear alone1 that they may be disengaged to fight or hunt1 if occasion require4#da ,footnote #dj3 ,pinart1 quoted by ,nieboer1 op4 cit4 p4 #ba4 ,footnote #da3 ,dobrizhoffer1 ,account of the ,abipones1 ii4 #aah4 ,cf4 ,wied-,neuwied ,reise nach ,brasilien1 ii4 #ag1 #cg 7,botocudos72 ,giddings1 ,principles of ,sociology1 p4 #bff sq4 ,moreover1 whatever may have been the original reason for allotting a certain occupation to the one sex to the exclusion of the other1 any such restriction has subsequently been much emphasised by custom1 and in many cases by superstition as well4#db ,in ,africa it is a common belief that the cattle get ill if women have anything to do with them4#dc ,hence among most ,negro races milking is only permitted to men4#dd ,in ,south-,eastern ,africa a woman must not enter the cattle fold4#de ,the ,bechuanas never allow women to touch their cattle1 hence the men have to plough themselves4#df ,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 action4#dg ,on the other hand1 among the ,dacotahs the men do not often interfere with the work of the women2 neither will they help them if they can avoid it1 for fear of being laughed at and called a woman4#dh ,in ,abyssinia it is infamy for a man to go to market to buy anything4 ,he cannot carry water or bake bread2 but he must wash the clothes belonging to both sexes1 and1 in this function1 the women cannot help him4#di ,among the ,beni ,ah4sen 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 water2 they would on no account allow him to do what they said was a woman's business4 ,the ,greenlander regards it as scandalous for a man to interfere with any occupation which belongs to the women4 ,when he has brought his booty to land1 he troubles himself no further about it2 for it would be a stigma on his character1 #fcg if he so much as drew a seal out of the water4#ej ,among the ,bakongo a man would be much ridiculed by the women themselves1 if he wanted to help them in their work in the field4#ea ,sometimes agriculture is supposed to be dependent for success on a magic quality in woman1 intimately connected with child-bearing4#eb ,some ,orinoco ,indians said to ,father ,gumilla3--,when the women plant maize the stalk produces two or three ears2 when they set the manioc the plant produces two or three baskets of root2 and thus everything is multiplied4 ,why8 ,because women know how to produce children1 and know how to plant the corn so as to ensure its germinating4 ,then1 let them plant it2 we do not know so much as they do4#ec ,footnote #db3 ,see ,crawley1 ,mystic ,rose1 p4 #di sq4 ,footnote #dc3 ,schurtz1 ,das afrikanische ,gewerbe1 p4 #aj4 ,footnote #dd3 ,ratzel1 op4 cit4 ii4 #dai4 ,footnote #de3 ,macdonald1 ,life in ,africa1 p4 #bba4 ,footnote #df3 ,holub1 ',central ,south ,african ,tribes1' in ,jour4 ,anthr4 ,inst4 x4 #aa4 ,footnote #dg3 ,waitz1 op4 cit4 iii4 #ajj4 ,footnote #dh3 ,prescott1 in ,schoolcraft1 ,indian ,tribes of the ,united ,states1 iii4 #bce4 ,footnote #di3 ,bruce1 ,travels to ,discover the ,source of the ,nile iv4 #dgd4 ,footnote #ej3 ,nansen1 ,first ,crossing of ,greenland1 ii4 #cac4 ,cranz1 ,history of ,greenland1 i4 #ach1 #aed4 ,footnote #ea3 ,mller1 ,pagels1 and ,gleerup1 op4 cit4 i4 #bgj4 ,footnote #eb3 ,see ,payne1 ,history of the ,new ,world1 ii4 #h4 ,footnote #ec3 ,gumilla1 ,el ,orinoco ilustrado1 ii4 #bgd sq4 ,it is obvious that this strict division of labour is apt to mislead the travelling stranger4 ,he sees the women hard at work1 and the men idly looking on2 and it escapes him that the latter will have to be busy in their turn1 within their own sphere of action4 ,what is largely due to the force of custom is taken to be sheer tyranny on the part of the men2 and the wife is pronounced to be an abject slave of her husband1 destitute of all rights4 ,and yet the strong differentiation of work1 however burdensome it may be to the wife1 is itself a source of rights1 giving her authority within the circle which is exclusively her own4 ,among the ,banaka and ,bapuku the wife1 though said to be her husband's property and slave1 is nevertheless an autocrat in her own house1 strong enough to bid defiance to her lord and master4#ed ,among the ,north ,american ,indians1 ,schoolcraft observes1 the lodge itself1 with all its arrangements1 is the precinct of the rule and government of the wife4 4 4 4 ,the husband has no voice in this matter4#ee ,many other statements to a similar effect will be quoted below4 ,footnote #ed3 ,steinmetz1 ,rechtsverhltnisse1 p4 #bi sq4 ,footnote #ee3 ,schoolcraft1 ,indian in his ,wigwam1 p4 #gc4 #fch ,we have reason1 then1 to believe that the authority which savage husbands possess over their wives is not always quite so great as it is said to be4 ,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 subjection4#ef ,among many of them the married woman1 though in the power of her husband1 is known to enjoy a remarkable degree of independence1 to be treated by him with consideration1 and to exercise no small influence upon him4 ,in several cases she is stated to be his equal1 and in a few his superior4 ,footnote #ef3 ,thus ,meiners says 7,history of the ,female ,sex1 i4 #b71 ,among savage nations1 the entrance into the married state is for the female the commencement of the most cruel and abject slavery2 for which reason many women dread matrimony more than death4 ,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 pi gravoso mundium maritale 7,amadori-,virgilj1 ,l'istituto famigliare nelle societ primordiali1 p4 #ach74 ,among many of the ,south ,american ,indians the women have been noticed to occupy a respected position in the family or community4#eg ,thus1 among the ,goajiros of ,colombia1 in a quarrel or drunken brawl1 women often save bloodshed by stepping in and tearing the weapons out of their husband's or brother's hand4 ,travelling with women is consequently perfectly safe1 and in case of danger1 if one undertakes to protect a stranger1 he may rely upon coming out all right4#eh ,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 family1 and no bargain is ever concluded until the husband has consulted his wife in the matter4#ei ,among the ,navahos of ,new ,mexico the women exert a great deal of influence2#fj they are very independent of menial duties1 and leave their husbands upon the slightest pretext of dislike2#fa by common consent the house and all the domestic gear belongs entirely to the wife4#fb ,in #fci his description of ,north ,american ,indians ,mr4 ,grinnell observes3--,the ,indian woman1 it is usually thought1 is a mere drudge and slave1 but1 so far as my observations extend1 this notion is wholly an erroneous one4 ,it is true that the women were the labourers of the camp2 that they did all the hard work1 about which there was no excitement 4 4 4 4 but they were not mere servants4 ,on the contrary1 their position was very respectable4 ,they were consulted on many subjects1 not only in connection with family affairs1 but in more important and general matters4 ,sometimes women were even admitted to the councils and spoke there1 giving their advice4 4 4 4 ,in ordinary family conversation women did not hesitate to interrupt and correct their husbands when the latter made statements with which they did not agree1 and the men listened to them with respectful attention1 though of course this depended on the standing of the woman1 her intelligence1 etc4#fc ,another competent observer1 ,ten ,kate1 strongly protests against the statement that1 among the ,north ,american ,indians1 women are treated as beasts of burden1 and affirms that their condition1 as compared with that of the women of the lower classes in civilised countries1 is rather better than worse4#fd ,among the ,omahas the women had an equal standing in society with the men2 both the husband and wife were at the head of the family and the joint owners of the lodge1 robes1 and so forth1 so that the man could not give away anything if his wife was unwilling4#fe ,among the ,senecas1 usually1 the female portion ruled the house1 and were doubtless clannish enough about it4 ,the stores were in common2 but woe to the luckless husband or lover who was too shiftless to do his share of the providing4 ,no matter how many children1 or whatever goods he might have in the house1 he might at any time be ordered to pick up his blanket and budge4#ff ,from documentary references1 says ,mr4 ,mooney1 it is apparent that there existed among the ,cherokee a custom analogous to that found among the ,iroquois and probably other ,eastern tribes1 by which the decision of important questions relating to peace and war was left to a vote of the women4#fg ,among the ,salish1 or ,flatheads1 although the women are required to do much hard labour1 they are #fdj by no means treated as slaves1 but1 on the contrary1 have much consideration and authority4#fh ,among the ,nootkas wives are consulted in matters of trade1 and in fact seem to be nearly on terms of equality with their husbands1 except that they are excluded from some public feasts and ceremonies4#fi ,among the ,indians about ,puget ,sound1 also1 women are always consulted in matters of trade before a bargain is closed1 and acquire great influence in the tribe4#gj ,the ,thlinket woman is not the slave of her husband2 she has determinate rights1 and her influence is considerable4#ga ,among the natives of ,cross ,cape she even possesses acknowledged superiority over the other sex4#gb ,among the ,western ,tinneh the women do only a fair share of the work and have a powerful voice in most affairs4#gc ,in ,kadiak they were held in much respect1 and enjoyed great liberties4#gd ,among the ,kamchadales they had the command of everything1 and the husbands were their obedient slaves4#ge ,nordenskild says of the ,chukchi3--,the power of the woman appears to be very great4 ,in making the more important bargains1 even about weapons and hunting implements1 she is1 as a rule1 consulted1 and her advice is taken4 ,a number of things which form women's tools she can barter away on her own responsibility1 or in any other way employ as she pleases4#gf ,mr4 ,bancroft's statement concerning the ,western ,eskimo1 that the lot of the women is but little better than slavery1#gg must be understood as chiefly involving the fact that they have much hard work to do4 ,according to ,dr4 ,seemann they are treated1 although not as equals1 at least with more consideration than is customary among barbarous nations2 nay1 it not infrequently happens that the woman is the chief authority of the house1 and the man #fda never makes a bargain without consulting his wife1 and if she does not approve1 it is rejected4#gh ,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 community4 ,the wife is the constant and trusted companion of the man in everything except the hunt1 and her opinion is sought in every bargain or other important undertaking4#gi ,in ,greenland1 also1 though the woman is considered much inferior to the man1 she is in no way oppressed1#hj and her husband consults with her on important matters4#ha ,footnote #eg3 ,waitz1 ,anthropologie der ,naturvlker1 iii4 #dgb 7,guaycurus71 #ecj 7,morotocos74 von den ,steinen1 ,unter den ,naturvlkern ,zentral-,brasiliens1 p4 #ccb 7,bakari74 ,footnote #eh3 ,simons1 ',exploration of the ,goajira ,peninsula1' in ,proceed4 ,roy4 ,geo4 ,soc4 ,n4,s4 vii4 #gib4 ,see also ,candelier1 ,rio-,hacha1 p4 #bef4 ,footnote #ei3 ,lumholtz1 ,unknown ,mexico1 i4 #bfe4 ,footnote #fj3 ,letherman1 in ,ann4 ,rep4 ,smithsonian ,inst4 #ahee1 p4 #bid4 ,footnote #fa3 ,eaton1 in ,schoolcraft1 ,archives1 iv4 #bag4 ,footnote #fb3 ,stephen1 in ,american ,anthropologist1 vi4 #ced4 ,footnote #fc3 ,grinnell1 ,story of the ,indian1 p4 #df4 ,cf4 ,waitz1 op4 cit4 iii4 #aja sq4 ,footnote #fd3 ,ten ,kate1 ,reizen en ondersoekingen ,noord-,amerika1 p4 #cfe4 ,cf4 ibid4 #i4 ,footnote #fe3 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #bff1 #cff4 ,footnote #ff3 ,morgan1 ,houses and ,house-,life of the ,american ,aborigines1 p4 #fe sq4 ,see also ,dixon1 ,new ,america1 p4 #df4 ,footnote #fg3 ,mooney1 ',myths of the ,cherokee1' in ,ann4 ,rep4 ,bur4 ,ethn4 xix4 #dhi4 ,footnote #fh3 ,hale1 ,u4,s4 ,exploring ,expedition4 ,vol4 ,,vi4 ,ethnography and ,philology1 p4 #bjg4 ,footnote #fi3 ,bancroft1 op4 cit4 i4 #aif4 ,cf4 ,sproat1 ,scenes and ,studies of ,savage ,life1 pp4 #ic1 #ie 7,ahts74 ,footnote #gj3 ,bancroft1 op4 cit4 i4 #bah4 ,footnote #ga3 ,krause1 ,tlinkit-,indianer1 p4 #afa4 ,footnote #gb3 ,meares1 ,voyages to the ,north-,west ,coast of ,america1 p4 #cbc4 ,footnote #gc3 ,dall1 ,alaska1 p4 #dca4 ,footnote #gd3 ,holmberg1 ',ethnographische ,skizzen ber die ,vlker des russischen ,amerika1' in ,acta ,soc4 ,scient4 ,fennic1 iv4 #cii4 ,footnote #ge3 ,steller1 ,beschreibung von dem ,lande ,kamtschatka1 p4 #bhg4 ,footnote #gf3 ,nordenskild1 ,vegas frd kring ,asien och ,europa1 ii4 #add4 ,footnote #gg3 ,bancroft1 op4 cit4 i4 #fe sq4 ,mr4 ,bancroft's authority is probably ,armstrong1 who says that the women are1 to all intents and purposes1 the slaves of the men1 and do the greater part of the outdoor work1 except hunting and fishing2 but he adds that they nevertheless enjoy a higher position and more consideration than is usual amongst savages 7,armstrong1 ,personal ,narrative of the ,discovery of the ,north-,west ,passage1 p4 #aie74 ,footnote #gh3 ,seemann1 ,narrative of the ,voyage of ,herald1 ii4 #ff4 ,footnote #gi3 ,murdoch1 ',ethnological ,results of the ,point ,barrow ,expedition1' in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #dac4 ,footnote #hj3 ,nansen1 ,first ,crossing of ,greenland1 ii4 #cab4 ,footnote #ha3 ,nordenskild1 ,den andra ,dicksonska expeditionen till ,grnland1 p4 #eji4 ,among the nomadic ,tangutans the women's rights in the household seemed to ,prejevalsky to be equal to those of the men4#hb ,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 nations4 ,they are treated with respect1 and are permitted a remarkable amount of freedom4#hc ,among the ,kandhs women are uniformly treated with respect2 the mothers of families generally with much honour4 ,nothing is done either in public or in private affairs without consulting them1 and they generally exert upon the councils of their tribes a powerful influence4 ,a wife may quit her husband at any time1 except within a year of her marriage1 or when she expects offspring1 or within a year after the birth of a child1 though1 when she quits him1 he has a right to reclaim immediately from her father the whole sum paid for her4#hd ,among the peasants of the ,north-,western ,provinces of ,india the wife is an influential personage in the household1 not a mere drudge4 ,little is done without her knowledge and advice4 ,if she is badly wronged the tribal council will protect her1 and on the whole her position is1 perhaps1 not worse than that of her sisters in a similar grade of life in other parts of the world4#he ,among the ,kttis the men are much under the authority of their wives4#hf ,among the ,bheels women have much influence in the society1 and married men have always had the credit of allowing their wives to domineer over them4#hg ,a ,kol or ,ho1 says ,dr4 ,hayes1 makes a regular companion #fdb of his wife4 ,she is consulted in all difficulties1 and receives the fullest consideration due to her sex2#hh and ,colonel ,dalton adds1 ,as a rule1 in no country in the world are wives better treated4#hi ,the ,garos are kind husbands1 and their conduct generally towards the weaker sex is marked by consideration and respect4#ij ,the ,bdo and ,dhimls use their wives and daughters well1 treating them with confidence and kindness4#ia ,the ,santal treats the female members of his family with respect4#ib ,among the ,kukis women are generally held in consideration2 their advice is taken1 and they have much influence4#ic ,mr4 ,colquhoun observes that among the ,indo-,chinese races equality of the sexes prevails1 and prevailed long before ,buddhism took any hold upon the country4#id ,footnote #hb3 ,prejevalsky1 ,mongolia1 ii4 #aba4 ,footnote #hc3 ,marshall1 ,a ,phrenologist amongst the ,todas1 p4 #dc4 ,footnote #hd3 ,macpherson1 ,memorials of ,service in ,india1 pp4 #fi1 #acb sq4 ,footnote #he3 ,crooke1 ,north-,western ,provinces of ,india1 p4 #bcj sq4 ,footnote #hf3 ,rowney1 ,wild ,tribes of ,india1 p4 #dg4 ,footnote #hg3 ,malcolm1 ,memoir of ,central ,india1 ii4 #ahj4 ,rowney1 op4 cit4 p4 #ch4 ,footnote #hh3 ,hayes1 quoted by ,dalton1 ,descriptive ,ethnology of ,bengal1 p4 #aid4 ,cf4 ,bradley-,birt1 ,chota-,nagpore1 p4 #ajj sq4 ,footnote #hi3 ,dalton1 op4 cit4 p4 #aid4 ,footnote #ij3 ,ibid4 p4 #fh4 ,footnote #ia3 ,hodgson1 ,miscellaneous ,essays1 i4 #aej4 ,footnote #ib3 ,hunter1 ,annals of ,rural ,bengal1 i4 #bag4 ,cf4 ,ymer1 v4 p4 xxiv4 ,footnote #ic3 ,lewin1 ,wild ,races of ,south-,eastern ,india1 p4 #bed4 ,footnote #id3 ,colquhoun1 ,amongst the ,shans1 p4 #bcd4 ,cf4 ,fytche1 ,burma1 ii4 #gb4 ,among the ,nicobarese the position of women is1 and always has been1 in no way inferior to that of the other sex4 ,they take their full share in the formation of public opinion1 discuss publicly with the men matters of general interest to the village1 and their opinions receive due attention before a decision is arrived at4 ,in fact1 they are consulted on every matter1 and the henpecked husband is of no extraordinary rarity in the ,nicobars4#ie ,mr4 ,crawfurd thinks that in the ,malay ,archipelago the lot of women may1 on the whole1 be considered as more fortunate than in any other country of the ,east2 they associate with the men in all respects on terms of such equality as surprise us in such a condition of society4#if ,in ,bali they are on a perfect equality with the men4#ig ,the ,dyak shows great respect for his wife1 and always asks her opinion2#ih he regards her not as a slave1 but as a companion4#ii ,among the ,bataks the married women often have a great influence over their families4#ajj ,in ,serang they have in all matters equal rights with the men1 and are1 consequently1 treated well4#aja ,the women of ,sulu have the reputation of ruling their #fdc lords1 and possess much weight in the government by the influence they exert over their husbands4#ajb ,footnote #ie3 ,kloss1 ,in the ,andamans and ,nicobars1 p4 #bdb4 ,footnote #if3 ,crawfurd1 ,history of the ,indian ,archipelago1 i4 #gc4 ,footnote #ig3 ,raffles1 ,history of ,java1 ii4 p4 ccxxxi4 ,footnote #ih3 ,bock1 ,head-,hunters of ,borneo1 p4 #baj sq4 ,footnote #ii3 ,selenka1 ,sonnige ,welten1 p4 #cc4 ,cf4 ,wilkes1 op4 cit4 v4 #cfc4 ,footnote #ajj3 ,steinmetz1 ,ethnol4 ,studien zur ersten ,entwicklung der ,strafe1 ii4 #bii4 ,footnote #aja3 ,riedel1 ,de sluik- en kroesharige rassen tusschen ,selebes en ,papua1 p4 #ig4 ,footnote #ajb3 ,wilkes1 op4 cit4 v4 #cdc4 ,in ,melanesia the women generally have to work hard1 supplying the place of slaves2#ajc but at least in various islands their condition is otherwise fairly good4 ,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-used4#ajd ,in some parts of ,new ,guinea their position is described as one of high esteem4#aje ,they have a large voice in domestic affairs1 and occasionally lord it over their masters2 and their influence is felt not only in domestic matters1 but also in affairs of state4#ajf ,in ,erromanga1 of the ,new ,hebrides1 although the women did all of the hard plantation work1 they were on the whole well treated by their husbands4#ajg ,the same is said to be the case in the ,solomon ,islands2#ajh in the eastern part of ,new ,georgia they do not even seem to do much work4#aji ,in ,micronesia the position of woman is decidedly good4 ,in the ,marianne ,group the wife is absolute mistress in her house1 the husband not daring to dispose of anything without her consent2 nay1 the men are said to be actually governed by their wives1 the women assuming those prerogatives which in most other countries are invested in the other sex4#aaj ,in the ,pelew ,islands the women are in every respect the equals of the men2 the oldest man1 or ,obokul1 of a family can do nothing without taking advice with its oldest female members4#aaa ,in the ,caroline ,group the weaker sex enjoys a perfect equality in public estimation with the other4#aab ,among the ,mortlock ,islanders the wife is quite independent of her husband4#aac ,in the ,kingsmill ,islands very great consideration is awarded to the women3 they seem to have exclusive control over the house1 whilst all the hard labour is performed by the #fdd men4#aad ,among the ,line ,islanders no difference is made in the sexes2 a woman can vote and speak as well as a man1 and in general the women decide the question1 unless it is one of war against another island4#aae ,in many ,polynesian islands1 also1 their position is by no means bad4#aaf ,in ,tonga women have considerable respect shown to them on account of their sex1 independent of the rank they might otherwise hold as nobles2 they are not subjected to hard labour or any very menial work1#aag and their status in society is not inferior to that of men4#aah ,in ,samoa they are held in much consideration1 4 4 4 treated with great attention1 and not suffered to do anything but what rightfully belongs to them4#aai ,in the valley of ,typee1 in the ,marquesas ,group1 the women are allowed every possible indulgence1 the religious restrictions of the taboo alone excepted2 they are exempt from toil1 and nowhere are they more sensible of their power4#abj ,rochon wrote of the ,malagasy3--,man here never commands as a despot2 nor does the woman ever obey as a slave4 ,the balance of power inclines even in favour of the women4#aba ,at the present day1 in ,madagascar1 the woman is not scorned as essentially inferior to man1 but enters into her husband's cares and joys1 and shares his life1 much in the same way as a wife does amongst ourselves4#abb ,footnote #ajc3 ,nieboer1 op4 cit4 p4 #cib sqq4 ,waitz-,gerland1 op4 cit4 vi4 #fbf4 ,footnote #ajd3 ,haddon1 in ,reports of the ,cambridge ,anthropological ,expedition to ,torres ,straits1 v4 #bbi4 ,footnote #aje3 ,ratzel1 op4 cit4 i4 #bgd4 ,footnote #ajf3 ,pitcairn1 ,two ,years among the ,savages of ,new ,guinea1 p4 #fl4 ,cf4 ,bink1 in ,bulletin ,soc4 d',anthrop4 de ,paris1 xi4 #cib2 ,hagen1 ,unter den ,papua's1 pp4 #bbf1 #bdc4 ,footnote #ajg3 ,robertson1 ,erromanga1 p4 #cig4 ,footnote #ajh3 ,parkinson1 ,zur ,ethnographie der nordwestlichen ,salomo ,inseln1 p4 #d4 ,footnote #aji3 ,somerville1 ',ethnogr4 ,notes in ,new ,georgia1' in ,jour4 ,anthr4 ,inst4 xxvi4 #dje sq4 ,footnote #aaj3 ,moore1 ,marriage ,customs1 p4 #ahg4 ,waitz1 op4 cit4 v4 pt4 i4 p4 #ajg sq4 ,footnote #aaa3 ,kubary1 ,die socialen ,einrichtungen der ,pelauer1 p4 #ch sq4 ,cf4 ,idem1 ',die ,palau-,inseln1' in ,journal des ,museum ,godeffroy1 iv4 #dc2 ,keate1 ,account of the ,pelew ,islands1 p4 #cca4 ,footnote #aab3 ,hale1 op4 cit4 p4 #gc4 ,footnote #aac3 ,kubary1 ',die ,bewohner der ,mortlock ,inseln1' in ,mittheilungen der ,geograph4 ,gesellsch4 in ,hamburg1 #ahgh-i1 p4 #bfa4 ,footnote #aad3 ,wilkes1 op4 cit4 v4 #ia4 ,footnote #aae3 ,tutuila1 in ,jour4 ,polynesian ,soc4 i4 #bfi4 ,footnote #aaf3 ,see ,waitz-,gerland1 op4 cit4 vi4 #abj sqq4 ,footnote #aag3 ,mariner1 ,natives of the ,tonga ,islands1 ii4 #ig4 ,footnote #aah3 ,erskine1 ,cruise among the ,islands of the ,western ,pacific1 p4 #aeh4 ,footnote #aai3 ,wilkes1 op4 cit4 ii4 #adh4 ,cf4 ,waitz-,gerland1 op4 cit4 vi4 #aba4 ,footnote #abj3 ,melville1 ,typee1 p4 #bii4 ,footnote #aba3 ,rochon1 ',voyage to ,madagascar1' in ,pinkerton1 ,collection of ,voyages and ,travels1 xvi #gdg4 ,cf4 ,waitz1 op4 cit4 ii4 #dch4 ,footnote #abb3 ,little1 ,madagascar1 p4 #fc4 ,turning1 finally1 to the ,african continent1 we find that among the ,negro races the woman1 though often heavily burdened and more or less subservient to her husband1 is by no means without influence4#abc ,when we become more closely acquainted with family conditions1 ,herr ,bttner observes1 we notice that there1 as elsewhere1 husbands are under petticoat government1 and those most of all who like to pose before the outer world as masters of their house4 ,the women1 including the aunts1 have on all occasions1 important and unimportant alike1 a weighty #fde word to contribute4#abd ,the ,monbuttu women1 according to ,dr4 ,schweinfurth1 exhibit towards their husbands the highest degree of independence2 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 curiosity1 ',oh1 ask my wife3 it is hers4'#abe ,among the ,momvus the women are on a footing of equality with the men1 and go hunting with them1 and accompany them to the wars1 taking their part in the combat4#abf ,among the ,madi or ,moru tribe of ,central ,africa women are treated with respect and politeness by the men1 who always show them preference1 resigning to their use the best places1 and paying them such like courtesies4 ,the women associate with the men on equal terms1 being consulted and honoured2 and any insult to a woman is revenged1 nay is frequently the cause of war4#abg ,in a ,hottentot's house the woman is the supreme ruler1 and the husband has nothing at all to say4 ,while in public the men take the prominent part1 at home they have not so much power even as to take a mouthful of sour milk out of the tub1 without the wife's permission4 ,if a man ever should try to do it1 his nearest female relations will put a fine on him1 consisting in cows and sheep1 which is to be added to the stock of the wife4#abh ,among the peoples of ,berber race the women exercise considerable influence over the men4 ,among the ,guanches of the ,canary ,islands they were much respected4#abi ,among the ,touareg la femme est l'gale de l'homme1 si mme1 par certains cts1 elle n'est dans une condition meilleure4#acj ,among the ,beni ,amer a husband undertakes nothing before consulting his wife1 on whose goodwill he largely depends4#aca ,of the ,auld ,solmn1 an ,arab tribe in the ,sahara1 ,dr4 ,nachtigal observes that it was curious to see how powerless those much feared robbers and cut-throats were in their own houses4#acb ,both in the ,sahara#acc and in the ,east#acd the ,bedouin women #fdf enjoy a considerable degree of freedom1 and sometimes actually rule over their husbands4 ,footnote #abc3 ,waitz1 op4 cit4 ii4 #aag4 ,ratzel1 op4 cit4 ii4 #ccb4 ,buchner1 ,kamerun1 p4 #cb sq4 ,mller1 ,pagels1 and ,gleerup1 op4 cit4 i4 #aga 7,lukungu74 ,steinmetz1 ,rechtsverhltnisse1 p4 #bi 7,banaka and ,bapuku74 ,lang1 ibid4 p4 #bbe 7,washambala74 ,burrows1 ,land of the ,pigmies1 p4 #fb 7,niam-,niam74 ,chanler1 ,through ,jungle and ,desert1 p4 #dhe 7,wakamba74 ,footnote #abd3 ,bttner1 quoted by ,ratzel1 op4 cit4 ii4 #ccd4 ,footnote #abe3 ,schweinfurth1 ,heart of ,africa1 ii4 #ia4 ,footnote #abf3 ,burrows1 op4 cit4 p4 #abh4 ,footnote #abg3 ,felkin1 ',notes on the ,madi or ,moru ,tribe1' in ,proceed4 ,roy4 ,soc4 ,edinburgh1 xii4 #cbi4 ,footnote #abh3 ,hahn1 ,the ,supreme ,being of the ,khoi-,khoi1 p4 #ai4 ,footnote #abi3 ,bory de ,st4 ,vincent1 ,essais sur les ,isles ,fortunes1 p4 #aje4 ,mantegazza1 ,rio de la ,plata e ,tenerife p4 #fcj4 ,footnote #acj3 ,dyveyrier1 ,exploration du ,sahara1 p4 #cci4 ,cf4 ,chavanne1 ,die ,sahara1 p4 #aha2 ,hourst1 ,sur le ,niger et au pays des ,touaregs1 p4 #bji4 ,footnote #aca3 ,munzinger1 ,ostafrikanische ,studien1 p4 #cbe4 ,footnote #acb3 ,nachtigal1 ,sahara und ,sudan1 ii4 #ic4 ,footnote #acc3 ,chavanne1 op4 cit4 p4 #cig4 ,footnote #acd3 ,wallin1 ,reseanteckningar frn ,orienten1 iii4 #aea1 #aeb1 #bfi4 ,blunt1 ,bedouin ,tribes of the ,euphrates1 ii4 #bad1 #bbf1 #bbh4 ,all these statements certainly do not imply that the husband has no recognised power over his wife1 but they prove that his power is by no means unlimited4 ,it is true that many of our authorities speak rather of liberties that the woman takes herself than of privileges granted her by custom2 but1 as we have seen before1 customary rights are always more or less influenced by habitual practice4 ,it should be added that among many savage peoples the husband has a right to divorce his wife only under certain conditions2#ace and among a very considerable number custom or law permits the wife to separate either for some special cause or1 simply1 at will4#acf ,in certain parts of ,eastern ,central ,africa divorce may be effected if the husband neglects to sew his wife's clothes1 or if the partners do not please each other4#acg ,among the ,shans of ,burma the woman has a right to turn adrift a husband who takes to drinking or otherwise misconducts himself1 and to retain all the goods and money of the partnership4#ach ,among the ,irulas of the ,neilgherries the option of remaining in union1 or of separating1 rests principally with the woman4#aci ,among the ,savaras1 an aboriginal hill people of the ,madras ,presidency1 a woman may leave her husband whenever she pleases4#adj ,this is surely something very different from that absolute dominion which hasty generalisers have attributed to savage husbands in general4 ,footnote #ace3 ,westermarck4 op4 cit4 p4 #ebc sq4 ,footnote #acf3 ,ibid4 p4 #ebf sqq4 ,footnote #acg3 ,macdonald1 ,africana1 i4 #adj4 ,footnote #ach3 ,colquhoun1 ,amongst the ,shans1 p4 #bie4 ,footnote #aci3 ,harkness1 ,description of a ,singular ,aboriginal ,race inhabiting the ,neilgherry ,hills1 p4 #ib4 ,footnote #adj3 ,fawcett1 in ,jour4 ,anthrop4 ,soc4 ,bombay1 i4 #bh4 ,it is often said that a people's civilisation may be measured by the position held by its women4 ,but at least so far as the earlier stages of culture are concerned1 this opinion is not supported by facts4 ,among several of the lowest races1 including peoples like the ,veddahs1 ,andaman ,islanders1 and ,bushmans1 the female sex is #fdg treated with far greater consideration than among many of the higher savages and barbarians4 ,travellers have not seldom noticed that of two neighbouring tribes the less cultured one sets in this respect an example to the other4 ,among the ,bushmans1 says ,dr4 ,fritsch1 the female sex makes life-companions1 among the ,a-bantu beasts of burden4#ada ,lewis and ,clarke affirm that the status of woman in a savage tribe has no necessary relation even to its moral qualities in general4 ,the ,indians1 they say1 whose treatment of the females is mildest1 and who pay most deference to their opinions1 are by no means the most distinguished for their virtues4 4 4 4 ,on the other hand1 the tribes among whom the women are very much debased1 possess the loftiest sense of honour1 the greatest liberality1 and all the good qualities of which their situation demands the exercise4#adb ,that the condition of woman1 or her relative independence1 is no safe gauge of the general culture of a nation1 also appears from a comparison between many of the lower races and the peoples of archaic civilisation4 ,footnote #ada3 ,fritsch1 ,die ,eingeborenen ,sd-,afrika's1 p4 #ddd4 ,footnote #adb3 ,lewis and ,clarke1 op4 cit4 p4 #dda4 ,in ,china the condition of woman has always been inferior to that of man1 and no generous sentiment tending to the amelioration of her social position has ever come from the ,chinese sages4#adc ,her children must pay her respect1 but she in her turn owes to her husband the subjection of a child2#add a wife is an infinitely less important personage than a mother in the ,chinese social scale4#ade ,the husband has certainly not absolute power over his wife3 he may not kill her1 nor sell her without her consent1#adf nor even divorce her1 except for certain causes specified by law4#adg ,but these causes are very elastic2 #fdh it is said that when a woman has any quality that is not good1 it is but just and reasonable to turn her out of doors4#adh ,and in a book containing the cream of all the moral writings of the ,chinese1 and intended chiefly for children1 we read3--,brothers are like hands and feet4 ,a wife is like one's clothes4 ,when clothes are worn out1 we can substitute those that are new4 ,when hands and feet are cut off1 it is difficult to obtain substitutes for them4#adi ,a woman1 on the other hand1 cannot obtain legal separation on any account4#aej ,confucius says that man is the representative of ,heaven1 and is supreme over all things4 ,woman yields obedience to the instructions of man1 and helps to carry out his principles4 ,on this account she can determine nothing of herself1 and is subject to the rule of the three obediences4 ,when young1 she must obey her father and elder brother2 when married1 she must obey her husband2 when her husband is dead1 she must obey her son4#aea ,in ,japan1 also1 a woman was formerly1 in the eye of the law1 a chattel rather than a person4 ,having all her life under her father's roof reverenced her superiors1 she is expected to bring reverence to her new domicile1 but not love4 ,she must always obey but never be jealous4 ,she must not be angry1 no matter whom her husband may introduce into his household4 ,she must wait upon him at his meals and must walk behind him1 but not with him4 ,when she dies her children go to her funeral1 but not her husband4#aeb ,in ,japan a man might repudiate his wife for the same reasons as in ,china1#aec and till the year #ahgc a wife could not obtain separation according to law4#aed ,however1 though the ,japanese wife is the first servant of the household1 training and public opinion require that she should be treated with respect1 if the marriage be blessed #fdi with children4#aee ,she is addressed as the honourable lady of the house1 and her position is said to be higher than in any other ,oriental country4#aef ,footnote #adc3 ,legge1 ,religions of ,china1 pp4 #ajg1 #ajh1 #aaa4 ,footnote #add3 de ,groot1 ,religious ,system of ,china1 7vol4 ii4 ,book7 i4 #eej4 ,footnote #ade3 ,giles1 ,strange ,stories from a ,chinese ,studio1 i4 #cae1 n4 #c4 ,footnote #adf3 ,doolittle1 ,social ,life of the ,chinese1 ii4 #bji4 ,footnote #adg3 ,medhurst1 ',marriage1 ,affinity1 and ,inheritance in ,china1' in ,trans4 ,roy4 ,as4 ,soc4 ,china ,branch1 iv4 #be sq4 ,gray1 ,china1 i4 #bai4 ,mller1 ,reise der ,fregatte ,novara1 ,ethnographie1 p4 #afd4 ,footnote #adh3 ,navarette1 ',account of the ,empire of ,china1' in ,awnsham and ,churchill1 ,collection of ,voyages and ,travels1 i4 #gc4 ,footnote #adi3 ,indo-,chinese ,gleaner1 i4 #afd4 ,footnote #aej3 ,gray1 op4 cit4 i4 #bai4 ,footnote #aea3 ,legge1 ,chinese ,classics1 i4 #ajc sq4 ,footnote #aeb3 ,griffis1 ,religions of ,japan1 p4 #abd sq4 ,footnote #aec3 ,westermarck1 op4 cit4 p4 #ebe4 ,footnote #aed3 ,rein1 ,japan1 p4 #dbd sq4 ,footnote #aee3 ,ibid4 p4 #dbe4 ,footnote #aef3 ,norman1 ,the ,real ,japan1 p4 #ahd4 ,griffis1 ,religions of ,japan1 p4 #cah4 ,from various quarters of the ancient world we hear of the rule that the husband shall command and the wife obey4 ,the ,lord said to the woman1 ,thy desire shall be to thy husband1 and he shall rule over thee4#aeg ,how great the husband's power was among the ,hebrews we do not know exactly4 ,he could divorce his wife if she did not please him because he had found some uncleanness in her1#aeh whereas a wife could not legally separate from her husband4#aei ,in later times her condition evidently improved4#afj ,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 friend1 but even above children4#afa ,in the ,talmud a husband is admonished to love his wife like himself and to honour her more than himself1#afb though he should take care not to be ruled by her2#afc and the wife also is authorised to demand a divorce under certain circumstances1 namely1 if the husband refuses to perform his conjugal duty1 if he continues to lead a disorderly life after marriage1 if he proves impotent during ten years1 if he suffers from an insupportable disease1 or if he leaves the country for ever4#afd ,footnote #aeg3 9999,genesis1 iii4 #af4 ,footnote #aeh3 ,deuteronomy1 xxiv4 #a4 ,footnote #aei3 ,josephus1 ,antiquitates ,roman1 xv4 #g1 #aj4 ,keil1 ,manual of ,biblical ,archology1 ii4 #age4 ,footnote #afj3 ,cf4 ,klugmann1 ,die ,frau im ,talmud1 p4 #fc sq4 ,footnote #afa3 ,ecclesiasticus1 xl4 #ai1 #bc4 ,cf4 ,montefiore1 ,hibbert ,lectures on the ,religion of the ,ancient ,hebrews1 p4 #dia4 ,footnote #afb3 ,deutsch1 ,literary ,remains1 p4 #ef4 ,footnote #afc3 ,beza1 fol4 #cb ,b1 quoted by ,katz1 ,der wahre ,talmudjude1 p4 #aad4 ,footnote #afd3 ,glasson1 ,le mariage civil et le divorce1 p4 #adi sq4 ,in the ,zoroastrian ,yasts a holy woman is defined as one who is rich in good thoughts1 good words1 and good deeds1 well-principled1 and obedient to her husband1 whereas the fiendish woman is ill-principled and disobedient to her husband4#afe ,according to ,brahmanic law1 a woman must in childhood be subject to her father1 in youth #fej to her husband1 when her lord is dead to her sons2 a woman must never be independent4#aff ,not even in her own house is she allowed to do anything independently4#afg ,him to whom her father may give her1 or her brother with the father's permission1 she shall obey as long as he lives4#afh ,she must never do anything that might displease him2#afi even though he be destitute of virtue1 or unfaithful to her1 a husband must be constantly worshipped as a god by a faithful wife4#agj ,a wife who shows disrespect to a husband who is addicted to some evil passion1 is a drunkard1 or diseased1 shall be deserted for three months1 and be deprived of her ornaments and furniture4#aga ,if a wife obeys her husband1 she will for that reason alone be exalted in heaven2#agb but by violating her duty towards him1 she is disgraced in this world1 and after death she enters the womb of a jackal1 and is punished with disease for her sin4#agc ,there is no indication that a woman can obtain legal separation on any account1 though she may with impunity show aversion towards a mad or outcast husband1 a eunuch1 one destitute of manly strength1 or one afflicted with such diseases as punish crimes4#agd ,again1 if she is sold or repudiated by her husband1 she can never become the legitimate wife of another who may have bought or received her after she was repudiated4#age ,but the husband is not allowed to divorce her indiscriminately4 ,a wife who drinks spirituous liquor1 is of bad conduct1 rebellious1 quarrelsome1 diseased1 mischievous1 or wasteful1 may at any time be superseded by another wife2 a barren one may be superseded in the eighth year2 one whose children all die1 in the tenth2 one who bears daughters only1 in the eleventh2 whereas a sick wife who is kind to her husband and virtuous in her conduct1 may be superseded only with her own consent1 and must never be #fea disgraced4#agf ,the rule1 ,let mutual fidelity continue until death1 may be considered the summary of the highest law for husband and wife2#agg women must be honoured and adorned by husbands who desire their own welfare4#agh ,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 ,brahmanism1 and even enjoyed considerable liberty2#agi and the ,vedic singers know no more tender relation than that between the husband and his willing1 loving wife1 who is praised as his home1 the darling abode and bliss in his house4#ahj ,yet it is noteworthy that goddesses play a very insignificant part in the ,veda4#aha ,in this respect the ,pantheon of the ,vedic people essentially differs from that of the ancient ,egyptians1#ahb a difference which may be due to the remarkably high position which woman seems to have occupied in ,egypt4#ahc ,footnote #afe3 ,yasts1 xxii4 #ah1 #cf4 ,cf4 ,dn- ,mang- ,khirad1 xxxix4 #ch sq4 ,footnote #aff3 ,laws of ,manu1 v4 #adh4 ,cf4 ibid4 ix4 #b sq4 ,footnote #afg3 ,ibid4 v4 #adg4 ,footnote #afh3 ,ibid4 v4 #aea4 ,footnote #afi3 ,ibid4 v4 #aef4 ,footnote #agj3 ,ibid4 v4 #aed4 ,footnote #aga3 ,ibid4 ix4 #gh4 ,footnote #agb3 ,ibid4 v4 #aee4 ,cf4 ibid4 ix4 #bi4 ,footnote #agc3 ,ibid4 v4 #afd2 ix4 #cj4 ,footnote #agd3 ,ibid4 ix4 #gi4 ,footnote #age3 ,ibid4 ix4 #df4 ,see also the note in ,bhler's translation1 ,sacred ,books of the ,east1 xxv4 #cce4 ,footnote #agf3 ,laws of ,manu1 ix4 #hj sqq4 ,footnote #agg3 ,ibid4 ix4 #aja4 ,footnote #agh3 ,ibid4 iii4 #ee sqq4 ,footnote #agi3 ,zimmer1 ,altindisches ,leben1 p4 #caf sqq4 ,monier ,williams1 ,indian ,wisdom1 p4 #dcg sq4 ,footnote #ahj3 ,kaegi1 ,rigveda1 p4 #ae4 ,footnote #aha3 ,macdonell1 ,vedic ,mythology1 p4 #abd sq4 ,footnote #ahb3 ,maspero1 ,dawn of ,civilisation1 p4 #aja sq4 ,footnote #ahc3 ,ibid4 p4 #eb4 ,maspero1 ,life in ,ancient ,egypt and ,assyria1 p4 #aa4 ,amlineau ,l'volution des ides morales dans l'gypte ,ancienne1 p4 #fh sqq4 ,flinders ,petrie1 ,religion and ,conscience in ,ancient ,egypt1 p4 #aca sq4 ,brugsch1 ,aegyptologie1 p4 #fa sq4 ,in ,greece1 also1 a wife appears to have been a more influential and independent personage in ancient times1 in ,homeric society1 than she became afterwards4#ahd ,in the historic age her position was simply that of the domestic drudge2 her virtues were reduced to the maintenance of good order in her household and obedience to her husband2 her greatest ornament was silence4#ahe ,aristotle1 always a faithful exponent of the most enlightened opinion of his age1 gives the following description of what he considers to be the ideal relation of a woman to her husband3--,a good and perfect wife ought to be mistress #feb of everything within the house4 4 4 4 ,but the well-ordered wife will justly consider the behaviour of her husband as a model of her own life1 and a law to herself1 invested with a divine sanction by means of the marriage tie and the community of life4 4 4 4 ,the wife ought to show herself even more obedient to the rein than if she had entered the house as a purchased slave4 ,for she has been bought at a high price1 for the sake of sharing life and bearing children1 than which no higher or holier tie can possibly exist4#ahf ,so also1 according to ,plutarch1 the husband ought to rule his wife1 but by sympathy and goodwill1 as the soul governs the body1 not as a master does a chattel4#ahg ,the law invalidated whatever a husband did by the counsel1 or at the request1 of his wife1 whereas the wife1 on her part1 could transact no business of importance in her own favour1 nor by will dispose of more than the value of a bushel of barley4#ahh ,yet whatever may have been the exact compass of the husband's power in ,greece1 it was not unlimited4 ,at ,athens a woman could demand divorce if she was ill-treated by her husband1 in which case she merely had to announce her wishes before the archon4#ahi ,footnote #ahd3 ,hermann-,blmner1 ,lehrbuch der griechischen ,privatalterthmer1 p4 #fd sqq4 ,mahaffy1 ,social ,life in ,greece1 p4 #ec4 ,footnote #ahe3 ,dickinson1 ,greek ,view of ,life1 p4 #afa4 ,dllinger1 ,the ,gentile and the ,jew1 ii4 #bcd4 ',state of ,female ,society in ,greece1' in ,quarterly ,review1 xxii4 #agb sqq4 ,footnote #ahf3 ,aristotle1 ,,oeconomica1 i4 #g4 ,cf4 ,idem1 ,de animalibus historia1 ix4 #a4 #b sqq4 ,footnote #ahg3 ,plutarch1 ,conjugalia prcepta1 #cc4 ,footnote #ahh3 ,isaeus1 ,oratio de ,aristarchi hereditate1 #aj1 p4 #bei4 ,dllinger1 op4 cit4 ii4 #bcd4 ,footnote #ahi3 ,glasson1 ,le mariage civil et le divorce1 p4 #aeb sq4 ,meier and ,schmann1 ,der attische ,process1 p4 #eab4 ,in ,rome1 in ancient times1 the power which the father possessed over his daughter was generally1 if not always1#aij by marriage transferred to the husband4#aia ,when marrying a woman passed in manum viri1 as a wife she was fili loco1 that is1 in law she was her husband's daughter4#aib ,and since the ,roman house-father originally had the jus vit necisque over his children1 the husband naturally had the same power over his wife4 ,but from her being destitute of all legal rights we must not conclude that she was #fec treated with indignity4 ,on the contrary1 she generally had a respected and influential position in the family2#aic and though the husband could repudiate her at will1 it was said that for five hundred and twenty years a condita urbe there was no such thing as a divorce in ,rome4#aid ,as ,mr4 ,bryce points out1 we cannot doubt that the wide power which the law gave to the husband was in point of fact restrained within narrow limits1 not only by affection1 but also by the vigilant public opinion of a comparatively small community4#aie ,gradually1 however1 marriage with manus fell into disuse1 and was1 under the ,empire1 generally superseded by marriage without manus1 a form of wedlock which conferred on the husband hardly any authority at all over his wife4 ,instead of passing into his power1 she remained in the power of her father2 and since the tendency of the later law1 as we have seen1 was to reduce the old patria potestas to a nullity1 she became practically independent4#aif ,footnote #aij3 ,rossbach1 ,rmische ,ehe1 p4 #fd4 ,maine1 ,ancient ,law1 p4 #aee4 ,footnote #aia3 ,or1 properly speaking1 to the husband's father1 if he was still alive 7,rossbach1 op4 cit4 p4 #aa74 ,footnote #aib3 ,leist1 ,alt-arische ,juris ,civile1 i4 #age4 ,maine1 op4 cit4 p4 #aee4 ,footnote #aic3 ,rossbach1 op4 cit4 pp4 #cf1 #aag4 ,footnote #aid3 ,valerius ,maximus1 ii4 #a 7,de matrimoniorum ritu71 ,aulus ,gellius1 ,noctes ,attic1 iv4 #c4 #a4 ,footnote #aie3 ,bryce1 ,studies in ,history and ,jurisprudence1 ii4 #chi4 ,footnote #aif3 ,rossbach1 op4 cit4 pp4 #cj1 #db4 ,maine1 op4 cit4 p4 #aee sq4 ,friedlaender1 ,darstellungen aus der ,sittengeschichte ,roms1 i4 #beb sqq4 ,this remarkable liberty granted to married women1 however1 was only a passing incident in the history of the family in ,europe4 ,from the very first ,christianity tended to narrow it4 ,already the latest ,roman law1 so far as it is touched by the ,constitutions of the ,christian ,emperors1 bears some marks of a reaction against the liberal doctrines of the great ,antonine jurisconsults1 who assumed the equality of the sexes as a principle of their code of equity4#aig ,and this tendency was in a formidable degree supported by ,teutonic custom and law4 ,among the ,teutons a husband's authority over his wife was the same as a father's over his unmarried daughter4#aih ,this power1 which under certain circumstances gave the husband a right to kill1 sell1 or repudiate his wife1#aii undoubtedly #fed contained much more than the ,church could approve of1 and so far she has helped to ameliorate the condition of married women in ,teutonic countries4 ,but at the same time the ,church is largely responsible for those heavy disabilities with regard to personal liberty1 as well as with regard to property1 from which they have suffered up to recent times4 ,the systems1 says ,sir ,henry ,maine1 which are least indulgent to married women are invariably those which have followed the ,canon ,law exclusively1 or those which1 from the lateness of their contact with ,european civilisation1 have never had their archaisms weeded out4#bjj ,footnote #aig3 ,maine1 op4 cit4 pp4 #aef1 #aed4 ,footnote #aih3 ,brunner1 ,deutsche ,rechtsgeschichte1 i4 #ge4 ,stemann1 ,den danske ,retshistorie indtil ,christian ,v4's ,lov1 p4 #cbc4 ,footnote #aii3 ,grimm1 ,deutsche ,rechtsalterthmer1 p4 #dej sq4 ,brunner1 op4 cit4 i4 #ge4 ,schrder1 ,lehrbuch der deutschen ,rechtsgeschichte1 p4 #cjc4 ,footnote #bjj3 ,maine1 op4 cit4 p4 #aei4 ,christianity enjoins a husband to love his wife as his own body1#bja to do honour unto her as unto the weaker vessel4#bjb ,however1 man is not of the woman2 but the woman of the man4 ,neither was the man created for the woman2 but the woman for the man4 ,for this cause ought the woman to have power on her head4#bjc ,the husband is the head of the wife1 as ,christ is the head of the church2 hence1 as the church is subject unto ,christ1 so let the wives be to their own husbands in every thing4#bjd ,it is difficult to exaggerate the influence exercised by a doctrine1 so agreeable to the selfishness of men1 and so readily lending itself to be used as a sacred weapon against almost any attempt to extend the rights of married women1 as was this dictum of ,st4 ,paul's4 ,in an essay on the position of women among the early ,christians ,principal ,donaldson writes1 ,in the first three centuries ,i have not been able to see that ,christianity had any favourable effect on the position of women1 but1 on the contrary1 that it tended to lower their character and contract the range of their activity4#bje ,and in more modern times ,christian orthodoxy has constantly been opposed to the doctrine which once sprang up in pagan #fee ,rome and is nowadays supported by a steadily growing number of enlightened men and women1 that marriage should be a contract on the footing of perfect equality between husband and wife4 ,footnote #bja3 ,ephesians1 v4 #bh4 ,footnote #bjb3 #a ,peter1 iii4 #g4 ,footnote #bjc3 #a ,corinthians1 xi4 #h sqq4 ,cf4 ,timothy1 ii4 #aa sqq4 ,footnote #bjd3 ,ephesians1 v4 #bc sq4 ,footnote #bje3 ,donaldson1 ',position of ,women among the ,early ,christians1' in ,contemporary ,review1 lvi4 #dcc4 99 99 99 99 99 ,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 all4 ,we shall here consider only the most important4 ,a few words must first be said about the hypothesis that the social status of women is connected with the system of tracing descent4 ,dr4 ,steinmetz has tried to show that the husband's authority over his wife is1 broadly speaking1 greater among those peoples who reckon kinship through the father than among those who reckon kinship through the mother only4#bjf ,the cases examined by ,dr4 ,steinmetz1 however1 are too few to allow of any general conclusions1 and the statements concerning the husband's rights are commonly so indefinite and so incomplete that ,i think the evidence would be difficult to produce1 even if the investigation were based on a larger number of facts4 ,besides1 the paternal and maternal systems of descent are often so interwoven with each other among one and the same people1 that it may equally well be referred to the one class as to the other#bjg--;a difficulty which ,dr4 ,steinmetz must surely have felt in his attempt to treat the subject statistically4 ,there is1 moreover1 the weak point of the statistical method generally1 the question of selecting ethnographical units1 which ,i have discussed in another place4#bjh ,how1 for instance1 are we to deal with the various tribes of ,australia8 ,they can certainly not1 all in a lump1 be counted as one single unit2 among some of them the maternal system prevails1 among others the paternal4 ,but then1 shall we reckon each tribe as one #fef unit by itself1 or1 if not1 into how many groups shall we divide them8 ,when ,i compare with each other peoples of the same race1 at the same stage of culture1 living in the same neighbourhood1 under similar conditions of life1 but differing from one another in their method of reckoning kinship1 ,i do not find that the prevalence of the one or the other line of descent conspicuously affects the husband's authority4 ,nothing of the kind has been noticed in ,australia1 nor1 so far as ,i know1 in ,india1 where the paternal system among many of the aboriginal tribes is combined with great1 or even extraordinary1 rights on the part of the wife4 ,among the ,west ,african ,negroes the position of women is1 to all appearance1 no less honourable in tribes like the ,ibos1 among whom inheritance runs through males1 than in tribes which admit inheritance through females only2#bji and of the ,fulah1 among whom succession goes from father to son1#baj ,mr4 ,winwood ,reade observes that their women are the most tyrannical wives in ,africa1 knowing how to make their husbands kneel before their charms1 and how to place their little feet upon them4#baa ,but we have reason to believe that when the man1 on marrying1 quits his home and goes to live with his wife in the house or community of her father1 his authority over his wife is commonly more or less impaired by the presence of her father or kinsfolk4#bab ,in ,sumatra1 in the mode of marriage called ambel anak1 he lives with his father-in-law in a state between that of a son and that of a debtor4#bac ,but it should be noticed that neither his living with the family of his wife1 nor even his dependence on her father1 necessarily implies a total absence of marital power4 ,among the ,californian ,yokuts1 though the husband takes up his abode in his #feg wife's or father-in-law's house1 he is expressly stated to have the power of life and death over her4#bad ,so1 also1 in the ,western islands of ,torres ,straits1 though a man after marriage usually left his own people and went to live with those of his wife1 he had complete control over her4 ,in spite of the wife having asked her husband to marry her1 he could kill her should she cause trouble in the house1 and that without any penal consequence to himself4 ,the payment of a husband to his wife's father gave him all rights over her1 and at the same time annulled those of her father or her family4#bae ,footnote #bjf3 ,steinmetz1 ,ethnologische ,studien zur ersten ,entwicklung der ,strafe1 ii4 ch4 #g4 ,footnote #bjg3 ,cf4 ,westermarck1 op4 cit4 p4 #ii sqq4 ,footnote #bjh3 ,idem1 ',mthode pour la recherche des institutions prhistoriques propos d'un ouvrage du professeur ,kohler1' in ,revue ,internationale de ,sociologie1 v4 #dea4 ,footnote #bji3 ,ratzel1 op4 cit4 iii4 #abd4 ,footnote #baj3 ,waitz1 op4 cit4 ii1 #dfi4 ,footnote #baa3 ,reade1 ,savage ,africa1 p4 #deb4 ,footnote #bab3 ,see ,mazzarella1 ,la condizione giuridica del marito nella famiglia matriarcale1 passim2 ,grosse1 ,die ,formen der ,familie1 p4 #gf2 ,wilkes1 ,u4,s4 ,exploring ,expedition1 iv4 #ddg 7,spokane ,indians74 ,it seems1 however1 that ,dr4 ,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 implied4 ,footnote #bac3 ,marsden1 ,history of ,sumatra1 p4 #bfb4 ,footnote #bad3 ,powers1 ,tribes of ,california1 p4 #chb4 ,footnote #bae3 ,haddon1 ,head-,hunters1 p4 #afj sq4 ,in the first place1 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 independence4 ,generally speaking1 the men are their superiors in strength and courage4 ,they are therefore not only the protectors of their wives1 but also their masters4 ,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 woman4 ,in courtship1 animal and human alike1 the male plays the more active1 the female the more passive part4 ,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 female1 and there can be no doubt that our primeval human ancestors had1 in the same way1 to fight for their wives2 even now this kind of courtship is far from being unknown among savages4#baf ,moreover1 the male pursues and tries to capture the female1 and she1 after some resistance1 finally surrenders herself to him4 ,the sexual impulse of the male is thus connected with a desire to win the female1 and the sexual impulse of the female with a desire to be pursued and won by the male4 ,in the female sex there is consequently an instinctive appreciation of manly strength and courage2 this is found in most #feh women1 and especially in the women of savage races1 who1 like the females of the lower ,vertebrates1 commonly give the preference to the most vigorous1 defiant1 and mettlesome male4#bag ,and woman enjoys the display of manly force even when it turns against herself4 ,it is said that among the ,slavs of the lower class the wives feel hurt if they are not beaten by their husbands2 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 ear2 that among the ,italian ,camorrists a wife who is not beaten by her husband regards him as a fool4#bah ,dr4 ,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 ,sabines1' ,i think the ,sabine women enjoyed being carried off like that4#bai ,the same judicious student of the psychology of sex observes3--,while in men it is possible to trace a tendency to inflict pain1 or the simulacrum of pain1 on the women they love1 it is still easier to trace in women a delight in experiencing physical pain when inflicted by a lover1 and an eagerness to accept subjection to his will4 ,such a tendency is certainly normal4 ,to abandon herself to her lover1 to be able to rely on his physical strength and mental resourcefulness1 to be swept out of herself and beyond the control of her own will1 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-dreams4#bbj ,footnote #baf3 ,westermarck1 op4 cit4 p4 #aei sqq4 ,footnote #bag3 ,westermarck1 op4 cit4 p4 #bee sq4 ,footnote #bah3 ,havelock ,ellis1 ,studies in the ,psychology of ,sex1 ',analysis of the ,sexual ,impulse1' c4 p4 #ff sq4 ,footnote #bai3 ,ibid4 p4 #ge4 ,footnote #bbj3 ,ibid4 p4 #gd4 ,but although a certain degree of submissiveness comes within the normal limits of female love1 though a woman may desire to be forced1 to be roughly forced1 to be ravished away beyond her own will4 she all the time only desires to be forced towards those things which are essentially agreeable to her4#bba ,if the man's domination is carried beyond those limits1 it is no longer enjoyed by the #fei woman1 but is felt as a burden1 and may call forth resistance4 ,in extreme cases of oppression1 at any rate1 the community at large would sympathise with her1 and the public resentment against the oppressor would gradually result in customs or laws limiting the husband's rights4 ,yet perfect impartiality is hardly to be expected from the community4 ,the men are the leaders of public opinion1 and they have a tendency to favour their own sex4 ,on the other hand1 the offended woman may count upon the support of her fellow-sisters1 and thus the women combined may influence tribal habits and1 ultimately1 the rules of custom4 ,among the ,papuans of ,port ,moresby1 for instance1 it is a rare occurrence for a man to beat his wife1 and he does not like to be reminded of the fact if hasty temper has led him into this mistake4 ,the other women generally make a song about it1 and sing it whenever he appears2 and as no one is so sensitive of ridicule as a ,new ,guinean savage1 he will endure a great deal1 even from a shrew wife1 before he attempts to lift his hand4#bbb ,among the ,west ,african ,fulah1 if a man repudiates his wife1 the women of the village attack him en masse2 like the members of a priesthood1 they hate but protect each other4#bbc ,we have1 moreover1 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 law4 ,in ,oriental countries1 for example1 the mother is always an important personage in the family4 ,children are afraid of their father but love their mother1 and when grown-up would certainly be ready to protect her against a cruel husband4#bbd ,footnote #bba3 ,ibid4 p4 #he4 ,footnote #bbb3 ,nisbet1 ,a ,colonial ,tramp1 ii4 #aha sq4 ,footnote #bbc3 ,reade1 ,savage ,africa1 p4 #deb4 ,see also ,mller1 ,pagels1 and ,gleerup1 op4 cit4 i4 #aga 7,lukungu72 ,munzinger1 ,ostafrikanische ,studien1 p4 #cbd 7,beni ,amer74 ,footnote #bbd3 ,cf4 ,burton1 ,sindh ,revisited1 i4 #bic2 ,urquhart1 ,spirit of the ,east1 ii4 #bfe sq42 ,doughty1 ,arabia ,deserta1 i4 #bci2 ,westermarck1 ',position of ,woman in ,early ,civilisation1' in ,sociological ,papers1 #a4 p4 #afj4 ,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 conditions4 ,thus ,mr4 #ffj ,hale maintains that the condition of women is a question of physical comfort1 and mainly of the abundance or lack of food4 4 4 4 ,when men in their full strength suffer from lack of the necessaries of existence1 and are themselves slaves to the rigours of the elements1 their better feelings are benumbed or perverted1 like those of shipwrecked people famishing on a raft4 ,under such circumstances the weaker members of the community--women1 children1 the old1 the sick--are naturally the chief sufferers4#bbe ,with reference to the ,north ,american ,indians the observation has been made that1 where the women can aid in procuring subsistence for the tribe1 they are treated with more equality1 and their importance is proportioned to the share which they take in that labour2 whereas in places where subsistence is chiefly procured by the exertions of the men1 the women are considered and treated as burdens4 ,thus1 the position of women is exceptionally good in tribes living upon fish and roots1 which the women procure with the same expertness as the men1 whereas it is among tribes living by the chase1 or by other means in which women can be of little service1 that we find the sex most oppressed4#bbf ,dr4 ,grosse1 again1 emphasises the low status of women not only among hunters1 but among pastoral tribes as well4 ,the women1 he says1 not being permitted to take part in the rearing of cattle1 and not being able to take part in war1 possess nothing which could command respect with the rude shepherd and robber4#bbg ,among the lower agricultural tribes1 on the other hand1 ,dr4 ,grosse adds1 the position of the female sex is often higher4 ,the cultivation of the ground mostly devolves on the woman1 and among peoples who chiefly subsist by agriculture it is not an occupation which is looked down upon1 as it is among nomadic tribes4 ,this gives the woman a #ffa certain standing1 owing to her importance as a food-provider4#bbh ,footnote #bbe3 ,hale1 ',language as a ,test of ,mental ,capacity1' in ,jour4 ,anthr4 ,inst4 xxi4 #dbg4 ,footnote #bbf3 ,lewis and ,clarke1 ,travels to the ,source of the ,missouri ,river1 p4 #dda4 ,waitz1 op4 cit4 iii4 #cdc4 ,bancroft1 ,native ,races of the ,pacific ,states1 i4 #bdb sq4 ,footnote #bbg3 ,grosse1 op4 cit4 pp4 #dh1 #di1 #gd1 #ge1 #aji sqq4 ,footnote #bbh3 ,ibid4 p4 #ahb4 ,in these generalisations there is no doubt a great deal of truth2 but they do not hold good universally or without modifications4 ,among several peoples who subsist chiefly by the chase or the rearing of cattle1 the position of women is exceedingly good4 ,to mention only one instance out of many1 ,professor ,vmbry 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 agriculture4#bbi ,indeed1 the general theory that women are more oppressed in proportion as they are less useful1 is open to doubt4 ,commonly they are said to be oppressed by their savage husbands just by being compelled to work too hard2 and that work does not necessarily give authority is obvious from the institution of slavery4 ,but at the same time the notion1 prevalent in early civilisation1 that the one sex must not in any way interfere with the pursuits of the other sex1 may certainly1 especially when applied to an occupation of such importance as agriculture1 increase the influence of those who are engaged in it4 ,considering further that the cultivated soil is not infrequently regarded as the property of the women who till it1#bcj it is probable that1 in certain cases at least1 the agricultural habits of a people have had a favourable effect upon the general condition of the female sex1 and at the same time on the wife's position in the family4 ,footnote #bbi3 ,vmbry1 ,das ,trkenvolk1 p4 #bfh4 ,footnote #bcj3 ,grosse1 op4 cit4 p4 #aei sq4 ,the status of wives is in various respects connected with the ideas held about the female sex in general4 ,woman is commonly looked upon as a slight1 dainty1 and relatively feeble creature1 destitute of all nobler qualities4#bca ,especially among nations more advanced in culture she is regarded as intellectually and morally vastly inferior to man4 ,in ,greece1 in the historic age1 the latter recognised #ffb in her no other end than to minister to his pleasure or to become the mother of his children4 ,there was also a general notion that she was naturally more vicious1 more addicted to envy1 discontent1 evil-speaking1 and wantonness1 than the man4#bcb ,plato classes women together with children and servants1#bcc and states generally that in all the pursuits of mankind the female sex is inferior to the male4#bcd ,euripides puts into the mouth of his ,medea the remark that women are impotent for good1 but clever contrivers of all evil4#bce ,according to the ,vedic singer1 again1 woman's mind is hard to direct aright1 and her judgment is small4#bcf ,to the ,buddhist1 women are of all the snares which the tempter has spread for men the most dangerous2 in women are embodied all the powers of infatuation which bind the mind of the world4#bcg ,the ,chinese have a saying to the effect that the best girls are not equal to the worst boys4#bch ,islam pronounces the general depravity of women to be much greater than that of men4#bci ,according to ,muhammedan tradition1 the ,prophet said3--,i have not left any calamity more hurtful to man than woman4 4 4 4 ,o assembly of women1 give alms1 although it be of your gold and silver ornaments2 for verily ye are mostly of ,hell on the ,day of ,resurrection4#bdj ,the ,hebrews represented woman as the source of evil and death on earth3--,of the woman came the beginning of sin1 and through her we all die4#bda ,this notion passed into ,christianity4 ,says ,st4 ,paul1 ,adam was not deceived1 but the woman being deceived was in the transgression4#bdb ,tertullian maintains that a woman should go about in humble garb1 mourning and repentant1 in order to expiate that which she derives from ,eve1 the ignominy #ffc of the first sin1 and the odium attaching to her as the cause of human perdition4 ,do you not know1 he exclaims1 that you are each an ,eve8 ,the sentence of ,god on this sex of yours lives in this age2 the guilt must of necessity live too4 ,you are the devil's gateway2 you are the unsealer of that forbidden tree2 you are the first deserter of the divine law2 you are she who persuaded him whom the devil was not valiant enough to attack4 ,you destroyed so easily ,god's image1 man4 ,on account of your desert--that is1 death--even the ,son of ,god had to die4#bdc ,at the ,council of ,mcon1 towards the end of the sixth century1 a bishop even raised the question whether woman really was a human being4 ,he answered the question in the negative2 but the majority of the assembly considered it to be proved by ,scripture that woman1 in spite of all her defects1 yet was a member of the human race4#bdd ,however1 some of the ,fathers of the ,church were careful to emphasise that womanhood only belongs to this earthly existence1 and that on the day of resurrection all women will appear in the shape of sexless beings4#bde ,footnote #bca3 ,crawley1 ,the ,mystic ,rose1 p4 #bjd sq4 ,footnote #bcb3 ,dickinson1 op4 cit4 p4 #aei4 ,dllinger1 op4 cit4 ii4 #bcd4 ,footnote #bcc3 ,plato1 ,respublica1 iv4 #dca4 ,footnote #bcd3 ,ibid4 v4 #dee4 ,footnote #bce3 ,euripides1 ,medea1 #djf sqq4 ,footnote #bcf3 ,rig-,veda1 viii4 #cc4 #ag4 ,footnote #bcg3 ,oldenburg1 ,buddha1 p4 #afe4 ,cf4 ,kern1 ,manual of ,indian ,buddhism1 p4 #fi4 ,footnote #bch3 ,smith1 ,proverbs of the ,chinese1 p4 #bfe4 ,footnote #bci3 ,lane1 ,arabian ,society1 p4 #bai4 ,cf4 ,doughty1 ,arabia ,deserta1 i4 #bch4 ,footnote #bdj3 ,lane-,poole1 ,speeches of ,mohammad1 pp4 #afa1 #afc4 ,footnote #bda3 ,ecclesiasticus1 xxv4 #bd4 ,footnote #bdb3 #a ,timothy1 ii4 #ad4 ,footnote #bdc3 ,tertullian1 ,de cultu foeminarum1 i4 #a 7,migne1 ,patrologi cursus1 i4 #acje74 ,see also ,laurent1 tudes sur l'histoire de l'humanit1 iv4 #aac4 ,footnote #bdd3 ,gregory of ,tours1 ,historia ,francorum1 viii4 #bj4 ,footnote #bde3 ,st4 ,hilar41 ,commentarius in ,matthum1 xxiii4 #d 7,migne1 op4 cit4 ix4 #ajde sq474 ,st4 ,basil1 ,homilia in ,psalmum cxiv4 #e 7,migne1 op4 cit4 ,ser4 ,graeca1 xxix4 #dhh74 ,progress in civilisation has exercised an unfavourable influence on the position of woman by widening the gulf between the sexes1 as the higher culture was almost exclusively the prerogative of the men4 ,moreover1 religion1 and especially the great religions in the world1 have contributed to the degradation of the female sex by regarding woman as unclean4 ,during menstruation1 or when with child1 or at child-birth1 she is considered to be polluted1 to be charged with mysterious baneful energy1 which is a danger to all around her4#bdf ,the cause of this notion seems to lie in the #ffd superstitious dread of those marvellous processes which then take place1 and it reaches its height where there is appearance of blood4#bdg ,on such occasions woman is shunned not only by men1 but in an even higher degree by gods1 for the obvious reason that contact with the unclean woman would injure or destroy their holiness4 ,indeed1 the danger is considered so great1 that many religions regard women as defiled not only temporarily1 but permanently1 and on that ground exclude them from religious worship4 ,footnote #bdf3 ,ploss-,bartels1 ,das ,weib1 i4 #dbj sqq42 ii4 #aj sqq41 #djb sqq4 ,frazer1 ,golden ,bough1 i4 #cbe sqq42 iii4 #bbb sqq4 ,crawley1 op4 cit4 p4 #afe sqq42 ,mathew1 ,eaglehawk and ,crow1 p4 #add 7,australian aborigines71 de ,rochas1 ,nouvelle ,caldonie1 p4 #bhc4 ,mooney1 ',myths of the ,cherokee1' in ,ann4 ,rep4 ,bur4 ,ethn4 xix4 #dfi4 ,sumner1 in ,jour4 ,anthr4 ,inst4 xxxi4 #if 7,jakuts74 ,georgi1 ,russia1 iii4 #be sq4 7,samoyedes71 #bde1 sq4 7,shamanists of ,siberia generally72 c4 ,footnote #bdg3 ,professor ,durkheim maintains 7',la prohibition de l'inceste et ses origines1' in ,l'anne sociologique1 i4 especially p4 #dh sqq47 that the origin of the occult powers attributed to the feminine organism is to be found in primitive ideas concerning blood1 any kind of blood1 not only menstrual1 being the object of similar feelings among savages and barbarians4 ,mr4 ,crawley justly remarks 7op4 cit4 p4 #bab7 that there is no flux of blood during pregnancy1 when woman is regularly taboo2 that her hair1 nail-parings1 and occupations can hardly be avoided from a fear of her blood2 and that there is also the female side of the question to be taken into account4 ,in the ,society ,islands a woman was forbidden to touch whatever was presented as an offering to the gods1 so as not to pollute it4#bdh ,in ,melanesia women are generally excluded from religious rites4#bdi ,among the ,shamanists of ,siberia women are interdicted the worship of the deities1 and dare not pass round the common hearth of their habitations1 because fire is sacred to the gods4#bej ,the women of the ,voguls are generally prohibited from approaching idols or holy places4#bea ,a ,votyak woman may not be present at the sacrifices made to the lud1 or evil spirit4#beb ,among the ,lapps a woman was not allowed to touch a noaid's1 or wizard's1 drum2 nor1 as a rule1 to take part in sacrificial rites2 nor even to look in the direction of a place where sacrifices were offered4#bec ,among the ,ainos of ,japan1 though a woman may prepare a divine offering1 she may not offer it4 4 4 4 ,accordingly1 women are never allowed to pray1 or to take any part in any religious #ffe exercise4#bed ,in ,china women are not allowed to go and worship in the temples4#bee ,footnote #bdh3 ,ellis1 ,polynesian ,researches1 i4 #abi4 ,cf4 ,wegener1 ,geschichte der christlichen ,kirche auf dem ,gesellschafts-,archipel1 p4 #aha4 ,footnote #bdi3 ,codrington1 ,melanesians1 p4 #abg4 ,footnote #bej3 ,georgi1 op4 cit4 iii4 #bde4 ,cf4 ibid4 iii4 #be4 ,footnote #bea3 ,abercromby1 ,pre- and ,proto-historic ,finns1 i4 #aha4 ,footnote #beb3 ,wichmann1 ,tietoja ,votjaakkien ,mytologiiasta1 p4 #ag4 ,see also ibid4 p4 #bg4 ,footnote #bec3 von ,dben1 ,lappland och ,lapparne1 p4 #bgf4 ,friis1 ,lappisk ,mythologi1 p4 #adg4 ,footnote #bed3 ,howard1 op4 cit4 p4 #aie4 ,footnote #bee3 ,indo-,chinese ,gleaner1 iii4 #aef4 ,in ancient ,nicaragua women were held unworthy to perform any duty in connection with the temples1 and were immolated outside the temple ground of the large sanctuaries1 and even their flesh was unclean food for the high priest1 who accordingly ate only the flesh of males4#bef ,in ,mexico1 although some women were employed in the immediate service of the temples1 they were entirely excluded from the office of sacrificing1 and the higher dignities of the priesthood4#beg ,footnote #bef3 ,bancroft1 op4 cit4 iii4 #did4 ,footnote #beg3 ,clavigero1 ,history of ,mexico1 i4 #bgd sq4 ,according to the sacred books of ,india1 women are considered to have no business with the sacred texts2#beh and1 being destitute of the knowledge of ,vedic texts1 they are as impure as falsehood itself1 that is a fixed rule4#bei ,although1 according to a ,vedic ordinance mentioned in the ,laws of ,manu1 husband and wife ought to perform religious rites together1#bfj they have1 among the present ,hindus1 no religious life in common2 the women are not allowed to repeat the ,veda1 or to go through the morning and evening ,sandhya services4#bfa ,if a woman1 a dog1 or a ,sdra1 touch a consecrated image1 its godship is destroyed2 the ceremonies of deification must therefore be performed afresh1 whilst a clay image1 if thus defiled1 must be thrown away4 ,if women should worship before a consecrated image1 they must keep at a respectful distance from the idol4#bfb ,footnote #beh3 ,baudhyana1 i4 #e4 #aa4 #g4 ,footnote #bei3 ,laws of ,manu1 ix4 #ah4 ,cf4 ibid4 ii4 #ff2 iii4 #aba4 ,footnote #bfj3 ,ibid4 ix4 #if4 ,footnote #bfa3 ,monier ,williams1 ,brahmanism and ,hinduism1 p4 #cih4 ,footnote #bfb3 ,ward1 ,view of the ,history1 c41 of the ,hindoos1 ii4 #ac1 #cf4 ,islam is chiefly a religion for men4 ,though ,muhammed did not forbid women to attend public prayers in a mosque1 he pronounced it better for them to pray in private1 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 ,god4#bfc ,women are absolutely excluded from many ,muhammedan places of worship1 and are frowned upon if they venture to appear in others1 at any rate while men are there4#bfd ,footnote #bfc3 ,lane1 ,manners and ,customs of the ,modern ,egyptians1 p4 #id4 ,footnote #bfd3 ,pool1 ,studies in ,mohammedanism1 p4 #ci sq4 ,in ,christian ,europe1 as ascetic ideas advanced1 the women sat or stood in the church apart from the men1 and entered by a separate door4#bfe ,they were excluded from sacred functions4 #fff ,in the early ,church1 it is true1 there were deaconesses and clerical widows1 but their offices were merely to perform some inferior services of the church2#bff and even these very modest posts were open only to virgins or widows of a considerable age4#bfg ,whilst a layman could in case of necessity administer baptism1 a woman could never1 as it seems1 perform such an act4#bfh ,nor was a woman allowed to preach publicly in the church1 either by the ,apostle's rules or those of succeeding ages2#bfi and it was a serious complaint against certain heretics that they allowed such a practice4 ,the heretic women1 ,tertullian exclaims1 how wanton are they6 they who dare to teach1 to dispute1 to practise exorcisms1 to promise cures1 perchance1 also1 to baptise6#bgj ,a ,council held at ,auxerre at the end of the sixth century forbade women to receive the ,eucharist into their naked hands2#bga and in various ,canons women were enjoined not to come near to the altar while mass was celebrating4#bgb ,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 alone4#bgc ,footnote #bfe3 ,donaldson1 in ,contemporary ,review1 lvi4 #dch4 ,footnote #bff3 ,zscharnack1 ,der ,dienst der ,frau in den ersten ,jahrhunderten der christlichen ,kirche1 p4 #ii sqq4 ,robinson1 ,ministry of ,deaconesses1 passim4 ,footnote #bfg3 ,ibid4 pp4 #aac1 #aad1 #abe4 ,footnote #bfh3 ,bingham1 ,works1 iv4 #de4 ,zscharnack1 op4 cit4 p4 #ic4 ,footnote #bfi3 ,bingham1 op4 cit4 v4 #ajg sqq4 ,zscharnack1 op4 cit4 p4 #gc sqq4 ,footnote #bgj3 ,tertullian1 ,de prscriptionibus adversus hreticos1 #da 7,migne1 op4 cit4 ii4 #ef74 ,cf4 ,tertullian1 ,de baptismo1 #ag 7,migne1 op4 cit4 i4 #abai74 ,footnote #bga3 ,concilium ,autisiodorense1 ,a4,d4 #egh1 can4 #cf 7,labbe-,mansi1 ,sacrorum ,conciliorum collectio1 ix4 #iae74 ,footnote #bgb3 ,canones ,concilii ,laodiceni1 #dd 7,labbe-,mansi1 op4 cit4 ii4 #eha1 #ehi74 ',epitome canonum1 quam ,hadrianus ,i4 ,carolo ,magno obtulit1 ,a4,d4 ,,dcclxxiii41' in ,labbe-,mansi1 op4 cit4 xii4 #hfh4 ,canons enacted under ,king ,edgar1 #dd 7,ancient ,laws and ,institutes of ,england1 p4 #cii74 ,footnote #bgc3 ,cf4 ,gage1 ,woman1 ,church and ,state1 p4 #eg4 ,but the notion that woman is either temporarily or permanently unclean1 that she is a mysterious being charged with supernatural energy1 is not only a cause of her degradation2 it also gives her a secret power over her husband1 which may be very considerable4 ,during my stay among the country people of ,morocco1 ,arabs and ,berbers alike1 ,i was often struck by the superstitious fear with which the women imbued the men4 ,they are supposed to be much better versed in magic1 and have also splendid opportunities to practise it to the detriment #ffg of their husbands1 as they may easily bewitch the food they prepare for them4 ,for instance1 the wife only needs to cut off a little piece of a donkey's ear and put it into the husband's food4 ,what happens8 ,by eating that little piece the husband will1 in his relations to his wife1 become just like a donkey2 he will always listen to what she says1 and the wife will become the ruler of the house4 ,i also believe that the men on purpose abstain from teaching the women prayers1 so as not to increase their supernatural power4#bgd ,in the ,arabian ,desert men are likewise afraid of their women with their sly philters and maleficent drinks4#bge ,in ,dahomey the husband may not chastise or interfere with his wife whilst the fetish is 'upon' her1 and even at other times the use of the rod might be dangerous4#bgf ,women1 and especially old ones1 are very frequently regarded as experts in magic4 #bgg ,among the ancient ,arabs1#bgh ,babylonians1#bgi and ,peruvians1#bhj as in ,europe during the ,middle ,ages and later1 the witch appeared more frequently than the male sorcerer4 ,so1 also1 in the ,government of ,tomsk in ,southern ,siberia1 native sorceresses are much more numerous than wizards2#bha and among the ,californian ,shastika all1 or nearly all1 of the #ffh shamans are women4#bhb ,the curses of women are greatly feared4 ,in ,morocco it is considered even a greater calamity to be cursed by a ,shereefa1 or female descendant of the ,prophet1 than to be cursed by a ,shereef4 ,according to the ,talmud1 the anger of a wife destroys the house2#bhc but1 on the other hand1 it is also through woman that ,god's blessings are vouchsafed to it4#bhd ,we read in the ,laws of ,manu3--,women must be honoured and adorned by their fathers1 brothers1 husbands1 and brothers-in-law1 who desire their own welfare4 ,where women are honoured1 there the gods are pleased2 but where they are not honoured1 no sacred rite yields rewards4 ,where the female relations live in grief1 the family soon wholly perishes2 but that family where they are not unhappy ever prospers4 ,the houses on which female relations1 not being duly honoured1 pronounce a curse1 perish completely as if destroyed by magic4 ,hence men who seek their own welfare should always honour women on holidays and festivals with gifts of ornaments1 clothes1 and dainty food4#bhe ,a ,gaelic proverb says1 ,a wicked woman will get her wish1 though her soul may not see salvation4#bhf ,closely connected with the belief in the magic power of women1 and especially1 ,i think1 in the great efficacy of their curses1 is the custom according to which a woman may serve as an asylum4#bhg ,in various tribes of ,morocco1 especially among the ,berbers and ,jbla1 a person who takes refuge with a woman by touching her is safe from his persecutor4 ,among the ,arabs of the plains this custom is dying out1 probably owing to their subjection under the ,sultan's government2 but amongst certain ,asiatic ,bedouins1 the tribe of ,shammar1 a woman can protect any number of persons1 or even of tents4#bhh #ffi ,among the ,circassians a stranger who intrusts himself to the patronage of a woman1 or is able to touch with his mouth the breast of a wife1 is spared and protected as a relation of the blood1 though he were the enemy1 nay even the murderer of a similar relative4#bhi ,the inhabitants of ,bareges in ,bigorre have1 up to recent times1 preserved the old custom of pardoning a criminal who has sought refuge with a woman4#bij ,footnote #bgd3 ,we are told that among the ,ainos of ,japan women are forbidden to pray1 not only in conformity with ancestral custom1 but because the men are afraid of the prayers of the women in general1 and of their wives in particular4 ,an old man said to ,mr4 ,batchelor3--,the women as well as the men used to be allowed to worship the gods and take part in all religious exercises2 but our wise honoured ancestors forbade them to do so1 because it was thought they might use their prayers against the men1 and more particularly against their husbands4 ,we therefore think that it is wiser to keep them from praying 7,batchelor1 ,ainu and their ,folk-,lore1 p4 #eej sq4 ,howard1 op4 cit4 p4 #aie74 ,among the ,santals the men are careful not to divulge the names of their household gods to their wives1 for fear lest the latter should acquire undue influence with the gods1 become witches1 and eat up the family with impunity when the protection of its gods has been withdrawn 7,risley1 ,tribes and ,castes of ,bengal1 ,ethnographic ,glossary1 ii4 #bcb74 ,footnote #bge3 ,doughty1 ,arabia ,deserta1 ii4 #chd4 ,footnote #bgf3 ,burton1 ,mission to ,gelele1 ii4 #aee4 ,footnote #bgg3 ,ploss-,bartels1 op4 cit4 ii4 #ffd1 #fff sqq4 ,mason1 op4 cit4 p4 #bee sqq4 ,landtman1 ,origin of ,priesthood1 p4 #aih sq4 ,angas1 ,savage ,life and ,scenes in ,australia and ,new ,zealand1 i4 #cag 7,maoris74 ,connolly1 ',social ,life in ,fanti-land1' in ,jour4 ,anthr4 ,inst4 xxvi4 #aej4 ,footnote #bgh3 ,wellhausen1 ,reste arabischen ,heidentums1 p4 #aei4 ,footnote #bgi3 ,jastrow1 ,religion of ,babylonia1 pp4 #bfg1 #cdb4 ,footnote #bhj3 ,garcilasso de la ,vega1 ,first ,part of the ,royal ,commentaries of the ,yncas1 i4 #fj4 ,footnote #bha3 ,kostroff1 quoted by ,landtman1 op4 cit4 p4 #aii4 ,footnote #bhb3 ,powers1 ,tribes of ,california1 p4 #bdf4 ,footnote #bhc3 ,sota1 fol4 #c ,b1 quoted by ,katz1 ,der wahre ,talmudjude1 p4 #aaj sq4 ,footnote #bhd3 ,baba ,meziah1 fol4 #ei ,a1 quoted ibid4 p4 #aab4 ,deutsch1 ,literary ,remains1 p4 #ef4 ,footnote #bhe3 ,laws of ,manu1 iii4 #ee sqq4 ,footnote #bhf3 ,carmichael1 ,carmina ,gadelica1 ii4 #cag4 ,footnote #bhg3 ,for some instances of this custom see ,andree1 ',die ,asyle1' in ,globus1 xxxviii4 #cjb2 ,bachofen1 ,das ,mutterrecht1 p4 #dbj 7,basques74 ,footnote #bhh3 ,layard1 ,discoveries in the ,ruins of ,nineveh and ,babylon1 p4 #cah4 ,footnote #bhi3 ,pallas1 ,travels through the ,southern ,provinces of the ,russian ,empire1 i4 #djd4 ,footnote #bij3 ,fischer1 ,bergreisen1 i4 #fj4 ,yet another factor remains to be mentioned as a cause of the subjection in which married women are held by many peoples of culture4 ,we have noticed that in archaic civilisation the father's power over his children is extreme1 that the ,state whilst weakening or destroying the clan-tie strengthened the family-tie1 and that the father was invested with some part of the power which formerly belonged to the clan4#bia ,this process must also have affected the status of married women4 ,the husband's power over his wife is closely connected with the father's power over his daughter2 for1 by giving her in marriage1 he generally transfers to the husband the authority which he himself previously possessed over her as a paternal right4 ,footnote #bia3 ,supra1 ch4 xxv4 especially p4 #fbg sq4 ,in modern civilisation1 on the other hand1 we find1 hand in hand with the decrease of the father's power1 a decrease of the husband's authority over his wife4 ,but the causes of the gradual emancipation of married women are manifold4 ,life has become more complicated2 the occupations of women have become much more extensive2 their influence has expanded correspondingly1 from the home and household to public life4 ,their widened interests have interfered with that submissiveness which is an original characteristic of their sex4 ,their greater education has made them more respected1 and has increased their independence4 ,finally1 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 rule4 ,,chapter ,,xxvii ,,slavery ,,slavery is essentially an industrial institution1 which implies compulsory labour beyond the limits of family relations4 ,the master has a right to avail himself of the working power of his slave1 without previous agreement on the part of the latter4 ,this ,i take to be the essence of slavery2 but connected with such a right there are others which hardly admit of a strict definition1 or which belong to the master in some cases though not in all4 ,he is entitled to claim obedience and to enforce this claim with more or less severity1 but his authority is not necessarily absolute1 and the restrictions imposed on it are not everywhere the same4 ,according to a common definition of slavery1 the slave is the property of his master1#a but this definition is hardly accurate4 ,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 likes2 a person may own a thing and yet be prohibited by law from destroying it4 ,but it seems that the owner's right over his property1 even when not absolute1 is at all events exclusive1 that is1 that nobody but the owner has a right to the disposal of it4 ,now the master's right of disposing of his slave is not necessarily #fga exclusive2 custom or law may grant the latter a certain amount of liberty1 and in such a case his condition differs essentially from that of a piece of property4 ,the chief characteristic of slavery is the compulsory nature of the slave's relation to his master4 ,voluntary slavery1 as when a person sells himself as a slave1 is only an imitation of slavery true and proper2 the person who gives up his liberty confers upon another1 by contract1 either for a limited period or for ever1 the same rights over himself as a master possesses over his slave4 ,if slavery proper could be based upon a contract between the parties concerned1 ,i fail to see how to distinguish between a servant and a slave4 ,footnote #a3 ,nieboer1 ,slavery as an ,industrial ,system1 p4 #d sqq4 ,dr4 ,nieboer himself defines slavery as the fact1 that one man is the property or possession of another beyond the limits of the family proper 7ibid4 p4 #bi74 ,dr4 ,nieboer has recently with much minuteness examined the distribution of slavery and its causes among savage races4 ,it appears from his work that slavery is unknown in ,australia1 and in ,oceania restricted to certain islands4 ,in the ,malay ,archipelago1 on the other hand1 it prevails very extensively4 ,among the aboriginal tribes of ,india and the ,indo-,chinese ,peninsula it is fairly common1 whereas no certain traces of it are found among the lower races of ,central ,asia and ,siberia1 with the exception of the ,kamchadales4 ,in ,north ,america it exists along the ,pacific ,coast from ,behring ,strait to the northern boundary of ,california1 but beyond this district it seems to be unknown4 ,in ,central and ,south ,america there are at any rate several scattered cases of it1 and if our knowledge of the ,south ,american ,indians were less fragmentary1 many other instances might perhaps be added4 ,in savage ,africa there are only one or two districts where no certain cases of slavery are encountered1 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 ,congo4#b ,footnote #b3 ,nieboer1 op4 cit4 p4 #dg sqq4 ,slaves are kept only where there is employment for them1 and where the circumstances are otherwise favourable to the growth of slavery4 ,its existence or non-existence #fgb in a tribe largely depends on the manner in which that tribe lives4 ,among hunters it hardly occurs at all4 ,mr4 ,spencer justly observes that1 in the absence of industrial activity1 slaves are almost useless2 and1 indeed1 where game is scarce1 are not worth their food4#c ,moreover1 they would have to be procured from foreign tribes1 and to prevent such slaves from running away would be almost impossible for hunters who roam over vast tracts of land in pursuit of game1 especially if the slaves also were engaged in hunting4 ,for a small community of hunters--and their communities generally are small#d--;it might even be dangerous to keep foreign slaves in their midst4#e ,among fishing tribes1 on the other hand1 slavery is much more common1 attaining a special importance among those who live on or near the ,pacific ,coast of ,north-,western ,america4 ,these tribes have an abundance of food1 they have fixed habitations1 they live in comparatively large groups1 and trade and industry1 property and wealth1 are well developed among them4 ,in consequence1 they find the services of slaves useful1 and1 at the same time1 the slaves have little chance of making their escape4#f ,footnote #c3 ,spencer1 ,principles of ,sociology1 iii4 #dei4 ,footnote #d3 ,westermarck1 ,history of ,human ,marriage1 p4 #dc sqq4 ,hildebrand1 ,recht und ,sitte1 p4 #a sqq4 ,footnote #e3 ,nieboer1 op4 cit41 p4 #aia sqq4 ,footnote #f3 ,ibid4 p4 #aii sqq4 ,of the pastoral tribes referred to in ,dr4 ,nieboer's list only one half keep slaves1 and among some of these slave-keeping is said to be a mere luxury4 ,to pastoral peoples1 as such1 slave labour is of little moment4 ,among them subsistence depends much more on capital than on labour1 and for the small amount of work which is required free labourers are easily procured4 ,as ,dr4 ,nieboer observes1 among people who live upon the produce of their cattle1 a man who owns no cattle1 i4e4 no capital1 has no means of subsistence4 ,accordingly1 among pastoral tribes we find rich and poor men2 and the poor often offer themselves as labourers to the rich4#g ,pastoral peoples have thus no strong motives for making slaves1 but at the same #fgc time there are no causes preventing them from keeping slaves4 ,these tribes are1 so to speak1 in a state of equilibrium2 a small additional cause on either side turns the balance4 ,one such additional cause is the slave-trade2 another is the neighbourhood of inferior races4 ,all those pastoral peoples who keep slaves live in districts where an extensive slave-trade has for a long time been carried on4 ,the slaves are often purchased from slave-traders1 and in several cases they belong to an inferior race4#h ,footnote #g3 ,see also ,hildebrand1 op4 cit4 p4 #ch sq4 ,footnote #h3 ,nieboer1 op4 cit4 p4 #bfa sqq4 ,among agricultural peoples slavery prevails more extensively2 further1 it is more common among such tribes as subsist chiefly by agriculture than among incipient agriculturists1 who still depend on hunting or fishing for a large portion of their food4 ,in primitive agricultural communities nobody voluntarily serves another1 because subsistence is independent of capital and easy to procure4 ,all freemen in new countries1 says ,mr4 ,bagehot1 must be pretty equal2 every one has labour1 and every one has land2 capital1 at least in agricultural countries 7for pastoral countries are very different71 is of little use2 it cannot hire labour2 the labourers go and work for themselves4#i ,hence in such countries1 if a man wants another to work for him1 he must compel him to do it--that is1 he must make him his slave4 ,this holds true of most savage countries1 namely1 of all those in which there is much more fertile land than is required to be cultivated for the support of the actual population2 but it does not hold true of all4 ,where every piece of land fit for cultivation has been appropriated1 a man who owns no land cannot earn his subsistence independently of a landlord2 hence free labourers are available1 slaves are not wanted1 and slavery is not likely to exist4 ,and even where there are no poor persons1 but everybody has a share in the resources of the country1 the use of slaves cannot be great1 since a man who owns a limited capital1 or a limited quantity of land1 can only employ a limited number of labourers4 #fgd ,for instance1 the absence of slavery in many ,oceanic islands may be accounted for by the fact that all land had been appropriated1 which led to a state of things inconsistent with slavery as a social system4#aj ,footnote #i3 ,bagehot1 ,physics and ,politics1 p4 #gb4 ,footnote #aj3 ,nieboer1 op4 cit4 pp4 #bid-cdg1 #dbj sq4 ,these are the main conclusions at which ,dr4 ,nieboer has arrived by means of much admirable and painstaking research4 ,most of them1 ,i think1 are undoubtedly correct2 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 factors4 ,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 tribe4 ,it may be very useful for a group of savages to have a certain number of slaves1 and yet they may not have them1 for the reason that no slaves are to be had4 ,it is only in extraordinary cases that a person is allowed to enslave a member of his own community4 ,intra-tribal slavery is a question not only of economic but of moral concern1 whilst extra-tribal slavery originally depends upon success in war4 ,we have reason to believe that the earliest source of slavery was war or conquest1 and that slavery in many cases was a substitution for putting prisoners of war to death4#aa ,savages1 who have little mercy on their enemies1 naturally make no scruple in reducing them to slavery whenever they find their advantage in doing so4 ,among existing savages1 in fact1 prisoners of war are very frequently enslaved4#ab ,they and their descendants1 together #fge with persons kidnapped or purchased from foreign tribes1 seem generally to form by far the majority of the slave population in uncivilised countries4 ,footnote #aa3 ,cf4 ,millar1 ,origin of the ,distinction of ,ranks1 p4 #bde2 ,jacob1 ,historical ,inquiry into the ,production and ,consumption of the ,precious ,metals1 i4 #acf2 ,buckle1 ,miscellaneous and ,posthumous ,works1 iii4 #dac2 ,comte1 ,cours de philosophie positive1 v4 #ahf sqq42 ,cibrario1 ,della schiavit e del servaggio1 i4 #af4 ,footnote #ab3 ,rink1 ,eskimo ,tribes1 p4 #bh 7,western ,eskimo74 ,petroff1 ',report on ,alaska1' in ,tenth ,census of the ,united ,states1 pp4 #aeb 7,aleuts71 #afe 7,thlinkets74 ,richardson1 ,arctic ,searching ,expedition1 i4 #dab 7,kutchin74 ,gibbs1 ',tribes of ,western ,washington and ,northwestern ,oregon1' in ,contributions to ,north ,american ,ethnology1 i4 #ahh4 von ,martius ,beitrge zur ,ethnographie ,amerika's1 i4 #bcb 7,guaycurus71 #bih 7,carajs74 ,azara1 ,voyages dans l',amrique mtridionale1 ii4 #aji sq4 7,mbayas74 ,lewin1 ,hill ,tracts of ,chittagong1 p4 #ce4 ,idem1 ,wild ,races of ,south-,eastern ,india1 p4 #aid 7,toungtha74 ,modigliani1 ,viaggio a ,nas1 p4 #eba4 ,kohler1 ',recht der ,papuas auf ,neu-,guinea1' in ,zeitschr4 f4 vergl4 ,rechtswiss4 vii4 #cgj4 ,williams and ,calvert1 ,fiji1 p4 #be4 ,polack1 ,manners and ,customs of the ,new ,zealanders1 ii4 #eb2 ,hale1 ,u4,s4 ,exploring ,expedition4 ,vol4 ,,vi4--,ethnography and ,philology1 p4 #cc 7,new ,zealanders74 ,ellis1 ,history of ,madagascar1 i4 #aib4 ,andersson1 ,lake ,ngami1 p4 #bca2 ,kohler1 in ,zeitschr4 f4 vergl4 ,rechtswiss4 xiv4 #caa 7,herero74 ,velten1 ,sitten und ,gebruche der ,suaheli1 p4 #cje4 ,baumann1 ,usambara1 p4 #ada 7,wabondei74 ,felkin1 ',notes on the ,waganda ,tribe1' in ,proceed4 ,roy4 ,soc4 ,edinburgh1 xiii4 #gdf4 ,mungo ,park1 ,travels in the ,interior of ,africa1 p4 #ai 7,mandingoes74 ,rowley1 ,africa ,unveiled1 p4 #agf4 ,tuckey1 ,expedition to ,explore the ,river ,zaire1 p4 #cfg 7,negroes of ,congo74 ,sarbah1 ,fanti ,customary ,laws1 p4 #f4 ,burton1 ,abeokuta1 i4 #cja4 ,ellis1 ,tshi-speaking ,peoples of the ,gold ,coast1 p4 #bhi4 ,munzinger1 ,ostafrikanische ,studien1 p4 #cji sq4 7,beni ,amer74 ,mademba1 in ,steinmetz1 ,rechtsverhltnisse von eingeborenen ,vlkern in ,afrika und ,ozeanien1 p4 #hc 7natives of the ,sansanding ,states74 ,nicole1 ibid4 p4 #aah sq4 7,diakit-,sarracolese74 ,tellier1 ibid4 pp4 #afh1 #aga 7,kreis ,kita of the ,french ,soudan74 ,beverley1 ibid4 p4 #bac 7,wagogo74 ,lang1 ibid4 p4 #bda 7,washambala74 ,desoignies1 ibid4 p4 #bgh 7,msalala74 ,nieboer op4 cit4 pp4 #di1 #eb1 #gc-gf1 #gh1 #ajj4 ,whilst little regard is paid to the liberty of strangers1 custom everywhere1 as a rule1 forbids the enslaving of tribesmen4 ,yet sometimes a father's power over his children1#ac as also a husband's power over his wife1#ad involves the right of selling them as slaves2 and among various peoples a person may be reduced to slavery for committing a crime1#ae or for insolvency4#af ,among the tribes of ,western #fgf ,washington and ,north-,western ,oregon1 if an ,indian has wronged another and failed to make compensation1 he may be taken as a slave4#ag ,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 house4#ah ,among the ,line ,islanders of ,micronesia1 if a man of low class stole some food from a person belonging to the gentry1 he became the slave of the latter and lost all his property4#ai ,sometimes a man is induced by great poverty to sell himself as a slave4#bj ,but most intra-tribal slaves are born unfree1 being the offspring of parents one or both of whom are slaves4#ba ,footnote #ac3 ,supra1 p4 #eii4 ,footnote #ad3 ,supra1 p4 #fbi sq4 ,footnote #ae3 ,butler1 ,travels and ,adventures in ,assam1 p4 #id 7,kukis74 ,mason1 ',dwellings1 c41 of the ,karens1' in ,jour4 ,asiatic ,soc4 ,bengal1 xxxvii4 pt4 ii4 p4 #adf sq42 ,smeaton1 ,loyal ,karens of ,burma1 p4 #hf4 ,wilken1 ',het strafrecht bij de volken van het maleische ras1' in ,bijdragen tot de taal- land- en volkenkunde van ,nederlandsch-,indi1 #ahhc1 ,land- en volkenkunde1 p4 #ajh sq4 ,junghuhn1 ,die ,battalander auf ,sumatra1 ii4 #ade sq4 7,bataks74 ,raffles1 ,history of ,java1 ii4 p4 ccxxxv4 7people of ,bali74 ,forbes1 ,a ,naturalist's ,wanderings in the ,eastern ,archipelago1 p4 #cbj 7people of ,timor-laut74 von ,rosenberg1 ,der malayische ,archipel1 p4 #aff 7,niase74 ,hickson1 ,a ,naturalist in ,north ,celebes1 p4 #aid 7,sangirese74 ,post1 ,afrikanische ,jurisprudenz1 ii4 #hg4 ,paulitschke1 ,ethnographie ,nordost-,afrikas1 p4 #bfa4 ,munzinger1 ,ostafrikanische ,studien1 p4 #bdd sq4 7,marca74 ,petherick1 ,travels in ,central ,africa1 ii4 #c 7,shilluk of the ,white ,nile74 ,bowdich1 ,mission to ,ashantee1 p4 #beh n4 99 7,fantis74 ,hbbe-,schleiden1 ,ethiopien1 p4 #aeb 7,mpongwe74 ,burton1 ,abeokuta1 i4 #cja4 ,tuckey1 op4 cit4 p4 #cfg 7,negroes of ,congo74 ,mungo ,park1 op4 cit4 p4 #ai 7,mandingoes74 ,tellier1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #aga 7,kreis ,kita of the ,french ,soudan74 ,lang1 ibid4 p4 #bda 7,washambala74 ,dale1 ',customs of the ,natives inhabiting the ,bondei ,country1' in ,jour4 ,anthr4 ,inst4 xxv4 #bcj1 ,ellis1 ,history of ,madagascar1 i4 #aic4 ,velten1 op4 cit4 p4 #cje sq4 7,waswahili74 ,footnote #af3 ,gibbs1 loc4 cit4 p4 #ahh 7,indians of ,western ,washington and ,north-western ,oregon71 ,lewin1 ,hill ,tracts of ,chittagong1 p4 #cd4 ,idem1 ,wild ,races of ,south-,eastern ,india1 pp4 #aid 7,khyoungtha71 #bce 7,mrs74 ,mason1 ',religion1 c41 of the ,karens1' in ,jour4 ,asiatic ,soc4 ,bengal1 xxxiv4 pt4 ii4 #baf4 ,blumentritt1 ',die ,sitten und ,bruche der alten ,tagalen1' in ,zeitschr4 f4 ,ethnol4 xxv4 #ac sqq4 ,lala1 ,philippine ,islands1 p4 #aaa 7natives of ,sulu74 ,low1 ,sarawak1 p4 #cja4 ,bock1 ,head-,hunters of ,borneo1 p4 #baj 7,dyak tribes74 ,junghuhn1 op4 cit4 ii4 #aea sq4 ,raffles1 op4 cit4 i4 #cec n4 7,javanese72 ii4 p4 ccxxxv4 7people of ,bali74 ,nieboer1 op4 cit4 pp4 #aaj1 #aaa1 #aad1 #aai sq4 7various peoples in the ,malay ,archipelago74 ,munzinger1 ,ostafrikanische ,studien1 pp4 #bjg 7,takue71 #bde 7,marea74 ,kingsley1 ,west ,african ,studies1 p4 #cgj1 ,hbbe-,schleiden1 op4 cit4 p4 #aeb 7,mpongwe74 ,burton1 ,abeokuta1 i4 #cja4 ,mungo ,park1 op4 cit4 p4 #ai 7,mandingoes74 ,dale1 in ,jour4 ,anthr4 ,inst4 xxv4 #bcj 7,wabondei74 ,baskerville1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #aic sq4 7,waganda71 ,lang1 ibid4 p4 #bdj 7,washambala74 ,walter1 ibid4 p4 #cha 7,natives of ,nossi-,b and ,mayotte1 ,madagascar74 ,post1 ,afrikanische ,jurisprudenz1 i4 #ij sq4 ,idem1 ,grundriss der ethnologischen ,jurisprudenz1 i4 #cfc sqq42 ii4 #efd sqq4 ,kohler1 ,shakespeare vor dem ,forum der ,jurisprudenz1 p4 #ad sq4 ,footnote #ag3 ,gibbs1 loc4 cit4 p4 #ahh4 ,footnote #ah3 ,earl1 ,papuans1 p4 #hc4 ,footnote #ai3 ,tutuila1 in ,jour4 ,polynesian ,soc4 i4 #bfh sq4 ,footnote #bj3 ,azara1 op4 cit4 ii4 #aji 7,mbayas74 ,hale1 op4 cit4 p4 #if 7,kingsmill ,islanders74 ,burton1 ,abeokuta1 i4 #cja4 ,andersson1 ,lake ,ngami1 p4 #bca 7,herero74 ,ellis1 ,history of ,madagascar1 i4 #aib sq4 ,footnote #ba3 ,cf4 ,post1 ,afrikanische ,jurisprudenz1 i4 #hi sq42 ,mademba1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #hc 7natives of the ,sansanding ,states72 ,nicole1 ibid4 p4 #aai 7,diakit-,sarracolese72 ,baskerville1 ibid4 p4 #aid 7,waganda72 ,desoignies1 ibid4 p4 #bgh 7,malala72 ,dale1 in ,jour4 ,anthr4 ,inst4 xxv4 #bcj 7,wabondei72 ,ellis1 ,history of ,madagascar1 i4 #aic4 ,in descriptions of slave-holding savages it is often said that a master has absolute power over his slave4 ,but even in such instances1 when details are scrutinised1 it frequently appears that custom or public opinion does not allow a person to treat his slave just as he pleases4 ,we have noticed above that in many cases the master is expressly denied the right of killing him at his own discretion4#bb ,more commonly than one would imagine the master has not #fgg even an unlimited right to sell his slave4 ,among some peoples he may sell at will such slaves only as have been captured in war or purchased1 not such as have been born in the house4#bc ,in several instances a slave1 and especially a domestic slave1 cannot be sold unless he has been guilty of some crime or misdemeanour4#bd ,among the ,banaka and ,bapuku in the ,cameroons the master may chastise or send away a slave who has behaved badly1 but is not allowed to sell him4#be ,there are1 moreover1 instances in which the master is entitled not to all the services of his slave1 but only to a limited portion of them4 ,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 hours1 but has the rest of his time free4#bf ,in the highlands of ,palembang1 ,sumatra1 a slave may carry on trade and hire himself out as a day labourer on his own behalf1 and when he works in the field one-half of his harvesting belongs to him and the other half to his master4#bg ,where the slave is allowed to possess property of his own he may in some cases1#bh though not in all1#bi buy his freedom2 and debtor-slaves are as a rule entitled to regain their liberty by paying off the debt4#cj ,many peoples even permit a dissatisfied slave to change his master4 ,among the ,washambala1 if a person does not fulfil his duties towards any of his slaves1 the latter has a right to complain of him to the chief1 and should the accusation prove true the chief buys the slave of his master for an ox and two cows1 and keeps #fgh him for himself4#ca ,among other peoples a slave1 in order to get a new master1 has only to cause a slight damage to somebody's property1 or to commit some other trifling offence1 in which case he must be given up to the person he injured4#cb ,it is astonishing to notice how readily1 in many ,african countries1 slaves are allowed by custom to rid themselves of tyrannical or neglectful masters4#cc ,the ,barea and ,bazes have a law according to which a slave becomes free by simply leaving his lord4#cd ,among the ,manipuris1 in ,further ,india1 if a slave flies from one master and selects for himself another1 it is presumed that he has been badly treated by the first one1 and the fugitive can consequently not be reclaimed4#ce ,footnote #bb3 ,supra1 p4 #dbb sq4 ,footnote #bc3 ,post1 ,afrikanische ,jurisprudenz1 i4 #ie sqq4 ,footnote #bd3 ,ibid4 i4 #if sq4 ,tellier1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #afi 7,kreis ,kita74 ,lang1 ibid4 p4 #bda 7,washambala74 ,footnote #be3 ,steinmetz1 ,rechtsvershltnisse1 p4 #dc4 ,footnote #bf3 ,post1 ,afrikanische ,jurisprudenz1 i4 #aja4 ,mademba1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #hc 7natives of the ,sansanding ,states74 ,nicole1 ibid4 p4 #aah 7,diakit-,sarracolese74 ,tellier1 ibid4 p4 #afi sqq4 7,kreis ,kita74 ,footnote #bg3 ,glimpses of the ,eastern ,archipelago1 p4 #ajf4 ,footnote #bh3 ,post1 ,afrikanische ,jurisprudenz1 i4 #aaa sq4 ,footnote #bi3 ,ibid4 i4 #aaa sq4 ,tellier1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #agj 7,kreis ,kita71 ,senfft1 ibid4 p4 #ddb 7,marshall ,islanders74 ,footnote #cj3 ,post1 ,grundriss der ethnologischen ,jurisprudenz1 i4 #cff4 ,nieboer1 op4 cit4 pp4 #ch1 #dcb4 ,nicole1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #aah 7,diakit-,sarracolese74 ,baskervilie1 ibid4 p4 #aid 7,waganda74 ,lang1 ibid4 p4 #bdj sqq4 7,washambala74 ,footnote #ca3 ,lang1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #bdb4 ,footnote #cb3 ,post1 ,afrikanische ,jurisprudenz1 i4 #ajb sqq4 ,idem1 ,grundriss der ethnologischen ,jurisprudenz1 i4 #cgg4 ,steinmetz1 ,rechtsverhltnisse1 p4 #afh4 ,pechuel-,loesche1 ',aus dem ,leben der ,loango-,neger1' in ,globus1 xxxii4 #bch4 ,footnote #cc3 ,see also ,post1 ,afrikanische ,jurisprudenz1 i4 #ajb sqq42 ,munzinger1 ,ostafrikanische ,studien1 p4 #cji 7,beni ,amer72 ,idem1 ,die ,sitten und das ,recht der ,bogos1 p4 #dc4 ,footnote #cd3 ,munzinger1 ,ostafrikanische ,studien1 p4 #dhd4 ,footnote #ce3 ,dalton1 ,descriptive ,ethnology of ,bengal1 p4 #ea4 ,a slave among the lower races can thus by no means be described as a being destitute of all rights4 ,as a rule1 it seems1 he is treated kindly1 very commonly as an inferior member of the family4#cf ,among the ,aleuts a slave suffering want would bring dishonour upon his master4#cg ,the ,south ,american ,mbays1 says ,azara1 #fgi aiment extraordinairement tous leurs esclaves2 jamais ils ne leur commandent d'un ton imperieux2 jamais ils ne les reprimandent1 ni ne les chtient1 ni ne les vendent1 quand mme ce seraient des prisonniers de guerre4 4 4 4 ,quel contraste avec le traitement que les europens font prouver aux africains6#ch ,in ,west ,africa the condition of slavery is not regarded as degrading1 and a slave is not considered an inferior being4#ci ,on the ,gold ,coast1 with the exception of the unpleasant liability of being sent at any moment to serve his master in the other world1 the lot of a slave is not generally one of hardship1 but is on the whole far better than that of the agricultural labourer in ,england4 ,the slave is generally considered a member of the family1 and if native-born succeeds in some cases in default of an heir to the property of his master4#dj ,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 estate1 and to be left to take care of the entire establishment4#da ,among the ,kreis ,kita1 of the ,french ,soudan1 the master calls his domestic slaves his sons1 and they call him their father2 nay1 the natural guardian of an heir who is not yet of age is not his mother1 but the eldest domestic slave of the household4#db ,speaking of the natives in the region of ,lake ,nyassa1 ,mr4 ,macdonald remarks that most ,africans like to see their slaves become rich2 ,are they not1 they say1 our own children8#dc ,among the ,wabondei1 if a man buys a slave1 he calls his own children and says1 ',behold your brother4' ,the slave is treated as a son1 and is neither beaten nor tied4#dd ,in ,madagascar the slaves are kindly treated by their masters1 they are considered as a kind of inferior members of the family to whom they belong1 and many of the slaves have a #fhj practical freedom of action to which the free population are quite strangers4#de ,the slavery prevalent among the native races of the ,malay ,archipelago is generally mild4 ,in ,borneo1 says ,mr4 ,boyle1 we always found a difficulty in distinguishing the servile portion of a household from the freeborn population1 and the honours and distinctions open to the latter class are likewise accessible to the former4#df ,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 free1 enjoying all the liberty of their masters4#dg ,among the ,chittagong ,hill tribes the debtor-slaves were treated as members of the creditor's family1 and were never exposed to harsh usage4#dh ,among the ,kfirs of the ,hindu-,kush slaves are sometimes chosen among the annually elected magistracy1 and ,sir ,scott ,robertson knew of a case in which a master and his slave went through the ceremony of brotherhood together4#di ,footnote #cf3 ,ibid4 pp4 #ea 7,manipuris71 #eh 7,garos74 ,lewin1 ,hill ,tracts of ,chittagong1 p4 #cd sq4 ,idem1 ,wild ,races of ,south-,eastern ,india1 p4 #ij 7,chittagong ,hill tribes74 ,colquhoun1 ,amongst the ,shans1 p4 #bfg4 ,mouhot1 ,travels in the ,central ,parts of ,indo-,china1 i4 #bej 7,stins74 ,riedel1 ,de sluik- en kroesharige rassen tusschen ,selebes en ,papua1 pp4 #aid 7,watubela ,islanders71 #bic 7people of ,tenimber and ,timor-laut71 #dcd 7people of ,wetter74 ,earl1 op4 cit4 p4 #ha 7,papuans of ,dorey74 ,new1 ,life1 ,wanderings1 and ,labours in ,eastern ,africa1 p4 #abh 7,wanika74 ,chanler1 ,through ,jungle and ,desert1 p4 #djd 7,eastern ,africans74 ,baumann1 ,usambara1 p4 #ada 7,wabondei74 ,felkin1 in ,proceed4 ,roy4 ,soc4 ,edinburgh1 xiii4 #gdf2 ,baskerville1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #aid 7,waganda74 ,ibid4 p4 #dc 7,banaka and ,bapuku74 ,mademba1 ibid4 p4 #hd 7natives of the ,sansanding ,states74 ,nicole1 ibid4 p4 #aah 7,diakit-,sarracolese74 ,lang1 ibid4 p4 #bdb 7,washambala74 ,desoignies1 ibid4 p4 #bgh 7,msalala74 ,kraft1 ibid4 p4 #bia 7,wapokomo74 ,reade1 ,savage ,africa1 p4 #ehb4 ,rowley1 ,africa ,unveiled1 pp4 #agd1 #agf4 ,steinmetz1 ,ethnologische ,studien zur ersten ,entwicklung der ,strafe1 i4 #cac4 ,nieboer1 op4 cit4 pp4 #eb1 #gh1 #gi1 #ha1 #ada-adc1 #cje1 #dci1 sq4 ,footnote #cg3 ,veniaminof1 quoted by ,petroff1 loc4 cit4 p4 #aeb4 ,footnote #ch3 ,azara1 op4 cit4 ii4 #aaj4 ,footnote #ci3 ,ellis1 ,e7we-speaking ,peoples of the ,slave ,coast1 p4 #bai4 ,see also ,wilson1 ,western ,africa1 pp4 #agi1 #ahj1 #bga sq4 ,footnote #dj3 ,ellis1 ,tshi-speaking ,peoples of the ,gold ,coast1 p4 #bij4 ,footnote #da3 ,mac,gregor1 ',lagos1 ,abeokuta1 and the ,alake1' in ,jour4 ,african ,soc4 #aijd1 p4 #dgc4 ,footnote #db3 ,tellier1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #afi4 ,footnote #dc3 ,macdonald1 in ,jour4 ,anthr4 ,inst4 xxii4 #ajb4 ,footnote #dd3 ,dale1 ibid4 xxv4 #bcj4 ,footnote #de3 ,sibree1 ,the ,great ,african ,island1 p4 #aha4 ,see also ,little1 ,madagascar1 p4 #gg2 ,ellis1 ,history of ,madagascar1 i4 #aif4 ,footnote #df3 ,boyle1 ,adventures among the ,dyaks of ,borneo1 p4 #bhd4 ,footnote #dg3 ,low1 ,sarawak1 p4 #cjb4 ,see also ,st4 ,john1 ,life in the ,forests of the ,far ,east1 i4 #hc2 ,bock1 ,head-,hunters of ,borneo1 p4 #baj2 ,kkenthal1 ,ergebnisse einer zoologischen ,forschungsreise in den ,molukken und ,borneo1 i4 #bgf 7,kyans72 ,crawford1 ,history of the ,indian ,archipelago1 i4 #eb2 ,raffles1 op4 cit4 i4 #ceb2 ,marsden1 ,history of ,sumatra1 p4 #bec2 ,junghuhn1 op4 cit4 ii4 #aej 7,bataks74 ,footnote #dh3 ,lewin1 ,hill ,tracts of ,chittagong1 p4 #cd4 ,footnote #di3 ,scott ,robertson1 ,kfirs of the ,hindu-,kush1 p4 #ajj sq4 ,it appears that intra-tribal slaves1 especially such as are born in the house1 are generally treated better than extra-tribal or purchased slaves1#ej and that slaves are most oppressed by their masters when they belong to a different race4#ea ,we are told that among the ,south ,american ,guaycurus the two causes of slavery1 captivity and birth1 imply a certain difference of caste1 which is maintained #fha with great rigour4#eb ,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 purchased4#ec ,i was told1 he says1 that the ,mandingo master can neither deprive his slave of life1 nor sell him to a stranger1 without first calling a palaver on his conduct1 or1 in other words1 bringing him to a public trial2 but this degree of protection is extended only to the native or domestic slave4#ed ,tuckey makes exactly the same observation as regards the natives of ,congo4#ee ,on the ,gold ,coast slaves are of three kinds--native-born1 imported1 and prisoners of war2 and a distinction is always made between the first and the two latter1 who are treated with far less consideration4#ef ,speaking of the ,central ,african tribes generally1 ,mr4 ,rowley states that slavery assumes a much severer character among the pastoral than among the agricultural tribes1 because the slaves of the former are for the most part captives of war1 whereas those of the latter have rarely been acquired by conquest but mostly by inheritance4 ,among the agricultural tribes1 he adds1 persons who are in bondage are not called slaves but children1 and those to whom they are in bondage are not called masters but fathers4#eg ,among the ,kfirs of the ,hindu-,kush all slaves are not of the same social position1 for the house slave is said to be much higher in grade than the artisan slave4 4 4 4 ,the domestic slaves live with their masters4#eh ,footnote #ej3 ,munzinger1 ,ostafrikanische ,studien1 p4 #dhd sq4 7,barea and ,kunma74 ,new1 op4 cit4 p4 #ef 7,waswahili74 ,baumann1 ,usambara1 p4 #fa 7natives of the ,tanga ,coast74 ,sarbah1 op4 cit4 p4 #f sq4 7,fantis74 ,nicole1 in ,steinmetz1 ,rechtsverhltnisse p4 #aah sq4 7,diakit-,sarracolese74 ,tellier1 ibid4 p4 #afi 7,kreis ,kita74 ,beverley1 ibid4 p4 #bac 7,wagogo74 ,sibree1 op4 cit4 p4 #bef sq4 7natives of ,madagascar74 ,post1 ,afrikanische ,jurisprudenz1 i4 #hh sq4 ,footnote #ea3 ,mademba1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #hd 7natives of the ,sansanding ,states74 ,sibree1 op4 cit4 p4 #aha 7natives of ,madagascar74 ,footnote #eb3 von ,spix and von ,martius1 ,travels in ,brazil1 ii4 #gd4 ,footnote #ec3 ,mungo ,park1 op4 cit4 p4 #bfb4 ,footnote #ed3 ,ibid4 p4 #ai4 ,footnote #ee3 ,tuckey1 op4 cit4 p4 #cfg4 ,footnote #ef3 ,ellis1 ,tshi-speaking ,peoples1 p4 #bhi4 ,footnote #eg3 ,rowley1 ,africa ,unveiled1 p4 #agd sqq4 ,footnote #eh3 ,scott ,robertson1 op4 cit4 p4 #ii sq4 ,among the nations of archaic civilisation slavery presents essentially the same characteristics as among the lower races4 ,in ancient ,mexico there were various classes of slaves--prisoners of war1 criminals condemned to lose their freedom1 children sold by their parents1 and persons who had sold themselves4 ,the relations between master and slave are represented as friendly4#ei ,slavery #fhb in ,mexico4 says ,mr4 ,bancroft1 was1 according to all accounts1 a moderate subjection1 consisting merely of an obligation to render personal service1 nor could that be exacted without allowing the slave a certain amount of time to labour for his own advantage4#fj ,masters could not sell their slaves without their consent1 unless they were slaves with a collar1 that is1 runaway1 rebellious1 or vicious slaves1 who in spite of two or three warnings did not mend their behaviour4#fa ,their children were invariably born free2#fb and when their masters died they generally became free themselves4#fc ,footnote #ei3 ,bancroft1 ,native ,races of the ,pacific ,states1 ii4 #bag1 #bba4 ,footnote #fj3 ,bancroft1 ,native ,races of the ,pacific ,states1 ii4 #bbj sq4 ,footnote #fa3 ,clavigero1 ,history of ,mexico1 i4 #cfj4 ,footnote #fb3 ,bancroft1 op4 cit4 ii4 #bba4 ,footnote #fc3 ,clavigero1 op4 cit4 i4 #cfj4 ,in ,china the slave class is composed of prisoners of war1 of persons who sell themselves or are sold by others1 and of the children of slaves2#fd and in former days public slavery was a punishment for crime4#fe ,it is true that the penal code forbids the sale of free persons2 according to the letter of the text even the father of a family must not sell his children1#ff and persons who voluntarily submit themselves to be sold are punished by law4#fg ,but these regulations are frequently transgressed2 in times of distress children are often sold by their parents1 and the kidnapping of children is an even more common source from which the supply of slaves is kept up4#fh ,the master's power over his slave is not quite absolute1#fi but it seems to be fully as great as the father's power over his child4#gj ,a master who falsely accuses his slave suffers no punishment for it2 on the other hand1 a slave cannot complain in a court of justice of ill-treatment from his master4#ga ,yet the condition of slaves in ,china is generally easy enough4#gb ,in all ,chinese families of 'the upper ten #fhc thousand1' an intimacy exists between masters and men-servants on the one hand1 and mistresses and female servants on the other4 ,servants not unfrequently make suggestions in reference to the well-being of the family1 and in many instances1 domestic matters of a grave nature are discussed before them4#gc ,in ,chinese novels the servant is the confidant of his master1 and harsh behaviour towards slaves is only attributed to vicious persons2#gd according to the ,divine ,panorama1 he who beats or injures his slave without estimating the punishment by the fault is tormented in hell4#ge ,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 ,america4#gf ,in ,china1 it is observed1 the identity of blood1 colour1 race1 and habit between master and servant1 operates as a restraint on the avarice1 vices1 and cruelty of the former1 which would not be the case if they were of different races as in ,america4#gg ,footnote #fd3 ,biot1 ',mmoire sur la condition des esclaves et des serviteurs gags en ,chine1' in ,journal ,asiatique1 ser4 iii4 vol4 iii4 #beg sqq4 ,footnote #fe3 ,ibid4 p4 #bdi sqq4 ,footnote #ff3 ,supra1 p4 #fjg4 ,footnote #fg3 ,ta ,tsing ,leu ,lee1 sec4 cclxxv4 p4 #bja4 ,footnote #fh3 ,biot1 loc4 cit4 p4 #bfj4 ,giles1 ,strange ,stories from a ,chinese ,studio1 p4 #baa1 n4 #h4 ,gray1 ,china1 i4 #bda1 #bdb1 #bdf4 ,footnote #fi3 ,supra1 p4 #dbd4 ,footnote #gj3 ,gray1 op4 cit4 i4 #bdc sqq4 ,footnote #ga3 ,biot1 op4 cit4 p4 #bib4 ,ta ,tsing ,leu ,lee1 sec4 cccxxxvii4 p4 #cgc4 ,footnote #gb3 ,biot1 loc4 cit4 p4 #bif sq4 ,giles1 op4 cit4 i4 #baa sq4 n4 #h4 ,gray1 op4 cit4 i4 #bde4 ,wells ,williams1 ,the ,middle ,kingdom1 i4 #dac4 ,douglas1 ,society in ,china1 p4 #cdi4 ,footnote #gc3 ,gray1 op4 cit4 i4 #bdg4 ,footnote #gd3 ,biot1 loc4 cit4 p4 #bif4 ,footnote #ge3 ,giles1 op4 cit4 ii4 #cgg4 ,footnote #gf3 ,biot1 loc4 cit4 p4 #big sq4 ,footnote #gg3 ,chinese ,repository1 xviii4 #cfb4 ,it has been suggested that in ancient ,egypt the aboriginal inhabitants of the country were made slaves by the conquering race4 ,si nous consultons les monuments1 says ,m4 ,amlineau1 nous remarquons dans les peintures qui ornent les parois des tombeaux de ,saqqarah une certaine race d'hommes sur laquelle ,mariette avait dj appel l'attention4 4 4 4 ,je crois que ce sont l des esclaves1 vieux restes des populations primitives soumises par les conqurants nouvellement arrivs dans la valle du ,nil1 descendants des premires tribus humaines qui s'taient installes en gypt4#gh ,during the eighteenth and nineteenth dynasties1 which form the chief period of ,egypt's foreign conquests1 mention is frequently made of the employment of prisoners of war as slaves4 ,every ,pharao of these dynasties recounts how he filled the god ,amon's storehouses with male and female slaves from his #fhd spoil4 ,these slaves are occasionally represented in tombs2 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 ,amon4#gi ,m4 ,amlineau believes that slavery was in ,egypt milder than in ,greece and ,rome4#hj ,according to the ,book of the ,dead1 the pity of the god extends to slaves2 not only does he command that no one should ill-treat them himself1 but he forbids that their masters should be led to ill-treat them4#ha ,footnote #gh3 ,amlineau1 ,essai sur l'volution des ides morales dans l'gypt ,ancienne1 p4 #gh4 ,footnote #gi3 ,for these statements ,i am indebted to my friend ,dr4 ,alan ,gardiner4 ,footnote #hj3 ,amlineau1 op4 cit4 p4 #cdi4 ,footnote #ha3 ,book of the ,dead1 ch4 #abe4 ,cf4 ,maspero1 ,dawn of ,civilization1 p4 #aia4 ,in ancient ,chalda1 beneath the free ,semite and ,sumerian population1 there was a class of slaves largely consisting of captives from foreign races and their descendants1 but continually reinforced by individuals of the native race such as foundlings1 women sold by their husbands1 children sold by their fathers1 and probably debtors whom their creditors had deprived of their liberty4#hb ,their position was evidently not one of excessive hardship4#hc ,as a rule1 they were permitted to marry and bring up a family2 and it seems that masters1 when selling their slaves1 as much as possible avoided separating parents and children4#hd ,the master often apprenticed the children of his slaves1 and as soon as they knew a trade he set them up in business in his own name1 allowing them a share in the profits4#he ,a slave could hire himself out for wages1 and could himself acquire slaves to work for him4#hf ,he was even entitled to purchase his freedom4#hg ,la loi babylonienne1 says ,m4 ,oppert1 lassait aux esclaves sur quelques points #fhe plus de prrogatives que le ,code franais n'en accorde nos pouses4#hh ,footnote #hb3 ,meissner1 ,beitrge zur altbabylonischen ,privatrecht1 p4 #f4 ,oppert1 ',la condition des esclaves ,babylone1' in ,acadmie des ,inscriptions et ,belles-,lettres--,comptes rendus des sances de l'anne #ahhh1 ser4 iv4 vol4 xvi4 #abb4 ,maspero1 op4 cit4 p4 #gdc4 ,footnote #hc3 ,meissner1 op4 cit4 p4 #g4 ,oppert1 loc4 cit4 p4 #aba sqq4 ,footnote #hd3 ,oppert1 loc4 cit4 p4 #abe sqq4 ,footnote #he3 ,kohler and ,peiser1 ,aus dem babylonischen ,rechtsleben1 ii1 #eb sqq4 ,footnote #hf3 ,oppert1 loc4 cit4 pp4 #abb1 #abh4 ,footnote #hg3 ,meissner1 op4 cit4 p4 #g4 ,oppert1 loc4 cit4 p4 #abb4 ,oppert and ,mnant1 ,documents juridiques de l',assyrie et de la ,chalde1 p4 #ad4 ,footnote #hh3 ,oppert1 loc4 cit4 p4 #aba4 ,among the ,hebrews the slave class consisted of captives taken in war2#hi of persons bought with money from neighbouring nations or from foreign residents in the land2#ij of children of slaves born in the house2#ia of native ,hebrews who had been sold by their fathers1#ib or who either alone or with their wives and children had fallen into slavery in consequence of poverty1#ic or who had been sold by the authorities as slaves on account of theft when unable to pay compensation for the stolen property4#id ,to deprive an ,israelite of his freedom for any other reason1 to steal him1 use him as a slave1 or sell him1 was a crime punishable with death4#ie ,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 origin4 ,he could not be compelled to serve as a bondservant1 only as a hired servant4#if ,he should not be ruled over with rigour4#ig ,he might not only be redeemed at any time by his relatives1 but if not redeemed he was bound to receive his freedom without payment in the seventh year1 and then the master should not let him go away empty1 but furnish him liberally out of his flock1 his floor1 and his wine-press4#ih ,slaves of foreign extraction1 on the other hand1 were not to be emancipated1 but should remain slaves for ever1 descending to children and children's children4#ii ,but in no case had the master absolute power over his slave4 ,whether the latter was an ,israelite or a foreigner1 his life1 and to some extent his body1 were protected by law2#ajj and if a slave escaped from a hard master1 he #fhf should not be given up1 but be allowed to live unmolested in the place which he should choose in one of the cities of ,israel4#aja ,from everything that we read about slaves among the ,hebrews it appears that they were regarded as inferior members of the family1 and that the house-father cared for their well-being hardly less than for that of his own children4#ajb ,in the ,talmud masters are repeatedly admonished to treat their slaves with kindness2#ajc traffic in human beings is regarded as an occupation which incapacitates the dealer to sit as judge2#ajd and emancipation of slaves is practically encouraged in various ways1#aje in spite of the dictum of certain rabbis that he who emancipates his slave transgresses the positive precept of ,leviticus xxv4 #df1 ,they shall be your bondmen for ever4#ajf ,footnote #hi3 ,deuteronomy1 xx4 #ad4 ,footnote #ij3 ,leviticus1 xxv4 #dd sqq4 ,footnote #ia3 ,genesis1 xiv4 #ad4 ,footnote #ib3 ,exodus1 xxi4 #g4 ,footnote #ic3 ,ibid4 xxi4 #b sq4 ,leviticus1 xxv4 #ci1 #dg4 ,footnote #id3 ,exodus1 xxii4 #c4 ,footnote #ie3 ,ibid4 xxi4 #af4 ,deuteronomy1 xxiv4 #g4 ,footnote #if3 ,leviticus1 xxv4 #ci1 #dj1 #ec4 ,footnote #ig3 ,ibid4 xxv4 #dc1 #df1 #ec4 ,footnote #ih3 ,exodus1 xxi4 #b4 ,leviticus1 xxv4 #dj1 #da1 #dh sqq4 ,deuteronomy1 xv4 #ab sqq4 ,footnote #ii3 ,leviticus1 xxv4 #dd sqq4 ,footnote #ajj3 ,supra1 pp4 #dbd1 #eaf4 ,footnote #aja3 ,deuteronomy1 xxiii4 #ae sq4 ,footnote #ajb3 ,see ,mielziner1 ,die ,verhltnisse der ,sklaven bei den alten ,hebrern1 p4 #fa sqq42 ,andr1 ,l'esclavage chez les anciens ,hbreux1 p4 #adi sqq42 ,benzinger1 ',slavery1' in ,cheyne and ,black1 ,encyclopdia ,biblica1 iv4 #dfeg sq4 ,footnote #ajc3 ,katz1 ,der wahre ,talmudjude1 p4 #ei sqq4 ,see also ,ecclesiasticus1 xxxiii4 #ca3--;,if thou have a servant1 entreat him as a brother3 for thou hast need of him as of thine own soul4 ,footnote #ajd3 ,benny1 ,criminal ,code of the ,jews according to the ,talmud ,massecheth ,synhedrin1 p4 #cf4 ,footnote #aje3 ,winter1 ,die ,stellung der ,sklaven bei den ,juden1 p4 #da4 ,footnote #ajf3 ,berakhoth1 fol4 #dg ,b1 quoted by ,hershon1 ,treasures of the ,talmud1 p4 #ha4 ,r4 ,samuel1 quoted by ,andr1 op4 cit4 p4 #ahj sq4 ,according to ,islam1 a ,muhammedan who is born free can never become a slave4 ,the slave1 says ,mr4 ,lane1 is either a person taken captive in war or carried off by force from a foreign country1 and being at the time of capture an infidel2 or the offspring of a female slave by another slave1 or by any man who is not her owner1 or by her owner if he do not acknowledge himself to be the father4#ajg ,the slave should be treated with kindness2 the ,prophet said1 ,a man who behaves ill to his slave will not enter into ,paradise4#ajh ,the master should give to his slaves of the food which he eats himself1 and of the clothes with which he clothes himself4#aji ,he should not #fhg order them to do anything beyond their power1 and in the hot season1 during the hottest hours of the day1 he should let them rest4#aaj ,he may marry them to whom he will1 but he may not separate them when married4#aaa ,he may1 generally1 give them away or sell them as he pleases1 but he must not separate a mother from her child4 ,the ,prophet said1 ,whoever is the cause of separation between mother and child1 by selling or giving1 ,god will separate him from his friends on the day of resurrection4#aab ,nor is a master allowed to alienate a female slave who has borne to him a child which he recognises as his own2 and at his death the mother is entitled to emancipation4#aac ,to liberate a slave is regarded as an act highly acceptable to ,god1 and as an expiation for certain sins4#aad ,these rules1 it should be added1 are not only recognised in theory1 but derive additional support from general usage4 ,in the ,muhammedan world the slave generally lives on easy terms with his master4 ,he is often treated as a member of the family1 and occasionally exercises much influence upon its affairs4#aae ,in certain countries at least1 it is held disreputable or disgraceful for a person to sell his slave1 except perhaps in case of absolute necessity or in consequence of intolerable behaviour on the part of the slave4#aaf ,in ,persia custom demands that on certain festive occasions1 such as the birth of a child or a wedding1 one #fhh or several of the slaves of the family should be set free2#aag and both there and in other ,muhammedan countries testamentary manumissions are of frequent occurrence4#aah ,in ,morocco a slave is sometimes allowed a certain amount of liberty that he may earn enough to buy his freedom2#aai whilst among the ,bedouins of the ,arabian ,desert described by ,burckhardt1 slaves are always emancipated after a certain lapse of time4#abj ,no stigma attaches to the emancipated slave4 ,it has been truly said that in ,islam slavery is regarded as an accident1 not as a constitution of nature1#aba hence the freedman is socially on an equal footing with a free-born citizen4 ,he may without discredit marry his former master's daughter1 and become the head of the family4 ,emancipated slaves have repeatedly risen to the highest offices1 they have ruled kingdoms and founded dynasties4#abb ,footnote #ajg3 ,lane1 ,manners and ,customs of the ,modern ,egyptians1 p4 #aaf4 ,cf4 ,munzinger1 ,ostafrikanische ,studien1 p4 #bde sq42 ,ameer ,ali1 ,life and ,teachings of ,mohammed1 p4 #cgf sq4 ,footnote #ajh3 ,lane1 ,arabian ,society in the ,middle ,ages1 p4 #bee4 ,lane-,poole1 ,speeches and ,table-,talk of the ,prophet ,mohammad1 p4 #afc4 ,footnote #aji3 ,lane1 ,arabian ,society1 p4 #bed4 ,lane-,poole1 ,speeches1 p4 #afc4 ,footnote #aaj3 ,lane1 ,arabian ,society1 p4 #bed4 ,lane-,poole1 ,speeches1 p4 #afc4 ,sachau1 ,muhammedanisches ,recht1 pp4 #ah1 #ajb4 ,footnote #aaa3 ,lane1 ,modern ,egyptians1 p4 #aae4 ,footnote #aab3 ,ibid4 p4 #aae4 ,lane1 ,arabian ,society1 p4 #bee4 ,ameer ,all1 ,life of ,mohammed1 p4 #cgd sq4 ,footnote #aac3 ,lane1 ,modern ,egyptians1 p4 #aaf4 ,footnote #aad3 ,koran1 xxiv4 #cc4 ,ameer ,ali1 ,life of ,mohammed1 pp4 #cgc1 #cgg4 ,beltrame1 ,il ,snnaar e lo ,sciangllah1 i4 #df4 ,lane1 ,modern ,egyptians1 p4 #aai4 ,footnote #aae3 ,lane1 ,arabian ,society1 p4 #bec sqq4 ,polak1 ,persien1 i4 #bea1 #bee4 ,urquhart1 ,spirit of the ,east1 ii4 #djc4 ,burton1 ,pilgrimage to ,al-,madinah ,mecca1 i4 #fa4 ,munzinger1 ,ostafrikanische ,studien1 p4 #aee4 ,beltrame1 ,il ,snnaar1 i4 #df sqq4 ,loir1 ',l'esclavage en ,tunisie1' in ,revue scientifique1 ser4 iv4 vol4 xii4 #eib sq4 ,villot1 ,moeurs1 coutumes et institutions des indignes de l',algrie1 p4 #bej4 ,meakin1 ,moors1 p4 #acc4 ,chavanne1 ,die ,sahara1 p4 #chi 7,arabs of the ,sahara74 ,pommerol1 ,among the ,women of the ,sahara1 p4 #afa sqq4 ,dyveyrier1 ,exploration du ,sahara1 p4 #cci4 ,hourst1 ,sur le ,niger et au pays des ,touaregs1 p4 #bjf 7,touareg74 ,hanoteau and ,letourneux1 ,la ,kabylie1 ii4 #adc4 ,reade1 ,savage ,africa1 p4 #ehb4 ,footnote #aaf3 ,polak1 ,persien1 i4 #bej4 ,beltrame1 ,il ,snnaar1 i4 #dg1 #bdh4 ,munzinger1 ,ostafrikanische ,studien1 p4 #aee4 ,footnote #aag3 ,polak1 op4 cit4 i4 #bej4 ,footnote #aah3 ,ibid4 i4 #bej4 ,meakin1 op4 cit4 p4 #aci4 ,footnote #aai3 ,meakin1 op4 cit4 p4 #aci4 ,footnote #abj3 ,burckhardt1 ,notes on the ,bedouins and ,wahbys1 p4 #bjb4 ,footnote #aba3 ,ameer ,ali1 ,life of ,mohammed1 p4 #cge4 ,footnote #abb3 ,ibid4 p4 #cge sq4 ,bosworth ,smith1 ,mohammed and ,mohammedanism1 pp4 #bjf1 #baa sq4 ,according to the ,laws of ,manu1 the mythical legislator of ancient ,india1 there are slaves of seven kinds1 namely1 he who is made a captive under a standard1 he who serves for his daily food1 he who is born in the house1 he who is bought and he who is given1 he who is inherited from ancestors1 and he who is enslaved by way of punishment4#abc ,the last mentioned class consists of persons who have lost their freedom because they have been unable to pay a debt or a fine1 or because they have left a religious order4#abd ,the slave is not necessarily a ,sdra1 or member of the lowest of the four ,indian castes1 but ,kshatriyas may become the slaves of ,brhmanas and ,vaisyas of ,brhmanas and ,kshatriyas4#abe ,on the other hand1 the ,sdras as such were not slaves1 though it was their duty to serve the other castes2 they chose the persons to whom they would offer service1 and claimed adequate compensation4#abf #fhi ,the power which a house-holder in ,india possessed over his slaves is not exactly defined2 but he is admonished not to have quarrels with them1 and if offended by any of them1 to bear it without resentment4#abg ,in pastamba's ,aphorisms it is said that a person may at his pleasure stint himself1 his wife1 or his children1 but by no means a slave who does his work4#abh ,elphinstone wrote in #ahci in his ',history of ,india'3--,domestic slaves are treated exactly like servants1 except that they are more regarded as belonging to the family4 ,i doubt if they are ever sold2 and they attract little observation1 as there is nothing apparent to distinguish them from freemen4#abi ,the priesthood of modern ,buddhism teach that there are five ways in which a master ought to assist his slave3--,he must not appoint the work of children to men1 or of men to children1 but to each according to his strength2 he must give each one his food and wages1 according as they are required2 when sick1 he must free him from work1 and provide him with proper medicine2 when the master has any agreeable and savoury food1 he must not consume the whole himself1 but must impart a portion to others1 even to his slaves2 and if they work properly for a long period1 or for a given period1 they must be set free4#acj ,footnote #abc3 ,laws of ,manu1 viii4 #dae4 ,footnote #abd3 ,bhler1 in his translation of the ,laws of ,manu1 in ,sacred ,books of the ,east1 xxv4 #cbf1 n4 #dae4 ,footnote #abe3 ,ibid4 p4 #cbf1 n4 #dae4 ,footnote #abf3 ,ingram1 ,history of ,slavery and ,serfdom1 p4 #bgb4 ,footnote #abg3 ,laws of ,manu1 iv4 #ahj1 #ahe4 ,footnote #abh3 pastamba1 ii4 #d4 #i4 #aa4 ,footnote #abi3 ,elphinstone1 ,history of ,india1 p4 #bjc4 ,footnote #acj3 ,hardy1 ,manual of ,budhism1 p4 #ejj4 ,in ,greece1 especially in earlier times1 capture in war1 piracy1 and kidnapping were common causes of slavery1#aca and the condition was hereditary4 ,other legitimate sources were exposure of infants1 except at ,thebes1#acb and sale of children by their parents4#acc ,at ,athens insolvent debtors became the slaves of their creditors up to the time of ,solon2#acd and metics--that is1 resident aliens--who did not discharge the obligations imposed on them by the ,state1 #fij were sold as slaves1 as were also foreigners who had fraudulently possessed themselves of the rights of citizens4#ace ,at least in a later age the majority of slaves seem to have been of barbarian origin2#acf indeed1 after the ,peloponnesian war the principle that captives taken in wars between ,greek states should be ransomed and not enslaved was commonly recognised1 though not always followed in practice4#acg ,as we have seen1 the master had not the power of life and death over his slave4#ach ,at sanctuaries the latter found a refuge from cruel oppression4#aci ,if maltreated he could demand to be sold2 and he could purchase his liberty with his peculium by agreement with his master4#adj ,but by manumission he only entered into an intermediate condition between slavery and complete freedom2 thus1 at ,athens the freedman was in relation to the ,state a metic and in relation to his master a client4#ada ,domestic slaves often lived on terms of intimacy with their masters1#adb but as a class slaves were regarded with contempt even by men like ,plato and ,aristotle4 ,the former1 whilst warning his hearers against insolent and unjust behaviour towards slaves1 observes that they should be treated with severity1 not admonished as if they were freemen1 but punished1 and only addressed in words of command4#adc ,aristotle compares the relation of the master to his slave with that of the soul to the body and of the craftsman to his tool1 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 being4#add ,but whilst the state of slavery always entailed disgrace1 the question was raised whether the master's power over his slave was based on justice or #fia on force1 and in ,greece1 for the first time1 we meet with the opinion that the institution of slavery is contrary to ,nature1 and that it is the law which1 unjustly1 makes one man a slave and another free4#ade ,however1 ,aristotle was no doubt in general agreement with his age when he declared that the barbarians1 on account of their inferiority1 are intended by ,nature to be the slaves of the ,greeks4#adf ,footnote #aca3 ,wallon1 ,histoire de l'esclavage dans l'antiquit1 i4 #afa sqq4 ,richter1 ,die ,sklaverei im griechischen ,altertume1 p4 #ci sqq4 ,footnote #acb3 ,aelian1 ,historia varia1 ii4 #g4 ,footnote #acc3 ,wallon4 op4 cit4 i4 #aei sq4 ,footnote #acd3 ,plutarch1 ,vita ,solonis1 xiii4 #d4 ,footnote #ace3 ,wallon1 op4 cit4 i4 #afj sq4 ,richter1 op4 cit4 p4 #df4 ,footnote #acf3 ,hermann-,blmner1 ,lehrbuch der griechischen ,privatalterthmer1 p4 #hf4 ,richter1 op4 cit4 p4 #dh4 ,footnote #acg3 ,schmidt1 ,ethik der alten ,griechen1 ii4 #bjd1 #bje1 #bhc4 ,hermann-,blmner1 op4 cit4 p4 #hf sq4 ,footnote #ach3 ,supra1 p4 #dbe4 ,footnote #aci3 ,wallon1 op4 cit4 i4 #caj sq4 ,schmidt1 op4 cit4 ii4 #bah sq4 ,richter1 op4 cit4 p4 #adj sq4 ,footnote #adj3 ,ingram1 op4 cit4 p4 #bg sq4 ,wallon1 op4 cit4 i4 #cce sq4 ,richter1 op4 cit4 p4 #aea4 ,footnote #ada3 ,richter1 op4 cit4 p4 #aeg4 ,wallon1 op4 cit4 i4 #cdf sqq4 ,footnote #adb3 ,schmidt1 op4 cit4 ii4 #bab4 ,richter1 op4 cit4 p4 #aea4 ,footnote #adc3 ,plato1 ,leges1 vi4 #ggg sq4 ,footnote #add3 ,aristotle1 ,ethica ,nicomachea1 viii4 #aa4 #f sq4 ,idem1 ,politica1 i4 #e1 p4 #abed4 ,footnote #ade3 ,idem1 ,politica1 i4 #c1 p4 #abec b4 ,footnote #adf3 ,ibid4 i4 #b1 #f1 pp4 #abeb b1 #abee a4 ,see ,euripides1 ,iphigenia in ,aulide1 #adjj sq4 ,the ,roman jurists held up slavery as a mitigation of the horrors of war3 the capture and preservation of enemies1 they said1 was its sole and exclusive origin in the past4#adg ,but in ,rome as elsewhere1 when once established1 it contained in itself the germ of extension2 all the children of a female slave followed the condition of the mother1 according to the principle applicable to the offspring of the lower animals--,partus sequitur ventrem4 ,and sooner or later1 when these sources proved insufficient to maintain the supply1 a regular commerce in slaves was established1 which was based on the systematically prosecuted hunting of men in foreign lands4#adh ,to a much smaller extent the slave class was recruited by ,roman citizens--by children sold by their fathers1 by insolvent debtors1 or by criminals condemned to servitude as a punishment for some heinous offence4#adi ,the idea of a ,roman becoming the slave of a fellow-citizen was never quite agreeable to the ,roman mind4 ,according to an ancient law the debtor1 after being made over to the creditor1 should be sold abroad or trans ,tiberim4#aej ,subsequently1 in #cbf ,b4,c41 the creditor's lien was restricted to the goods of his debtor1 if the latter was a ,roman citizen2#aea and during the ,pagan ,empire the sale of freeborn #fib children by their fathers was prohibited4#aeb ,the power1 originally unlimited1 which the master had over his slave was also1 in the course of time1 subjected to limitations4 ,we have seen that since the days of ,claudius and ,antoninus ,pius legal check was put on the master's right of killing his slave4#aec ,the ,lex ,petronia1 ,a4,d4 #fa1 forbade masters to compel their slaves to fight with wild beasts4#aed ,in the time of ,nero an official was appointed to hear complaints of the wrongs done by masters to their slaves4#aee ,antoninus ,pius directed that slaves treated with excessive cruelty1 who had taken refuge at an altar or imperial image1 should be sold2 and this provision was extended to cases in which the master had employed a slave in a way degrading to him or beneath his character4#aef ,in public auctions of slaves regard was paid to the claims of relationship1#aeg 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 succession4#aeh ,in those days when ,roman slavery had lost its original patriarchal and1 to speak with ,mommsen1#aei in some measure innocent character1 when the victories of ,rome and the increasing slave trade had introduced into the city innumerable slaves1 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 hard1 and numerous acts of shocking cruelty were committed4#afj ,but we also hear1 from the early days of the ,empire1 that masters who had been cruel to their slaves were pointed at with disgust in all parts of the city1 and were hated and loathed4#afa ,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 rights1 born of the same race as ourselves1 living the same life1 #fic and dying the same death--in short1 that our slaves are also men1 and friends1 and our fellow-servants4#afb ,epictetus even went so far as to condemn altogether the keeping of slaves1 a radicalism explicable from the history of his own life4 ,what you avoid suffering yourself1 he says1 seek not to impose on others4 ,you avoid slavery1 for instance2 take care not to enslave4 ,for if you can bear to exact slavery from others1 you appear to have been yourself a slave4#afc ,these teachings could not fail to influence both legislation and public sentiment4 ,imbued with the ,stoic philosophy1 the jurists of the classical period declared that all men are originally free by the law of ,nature1 and that slavery is only an institution of the ,law of ,nations1 by which one man is made the property of another1 in opposition to natural right4#afd ,footnote #adg3 ,hunter1 ,exposition of ,roman ,law1 p4 #afj sq4 ,institutiones1 i4 #c4 #c3--,slaves are called servi1 because generals are wont to sell their captives1 and so to preserve 7servare71 and not to destroy them4 ,they are also called mancipia1 because they are taken from the enemy with the strong hand 7manu capiuntur74 ,footnote #adh3 ,mommsen1 ,history of ,rome1 iii4 #cje sq4 ,wallon1 op4 cit4 ii4 #df sqq4 ,ingram1 op4 cit4 p4 #ch4 ,footnote #adi3 ,wallon1 op4 cit4 ii4 #ah sqq4 ,ingram1 op4 cit4 p4 #ci4 ,institutiones1 i4 #ab4 #c4 ,footnote #aej3 ,mackenzie1 ,studies in ,roman ,law1 p4 #id4 ,footnote #aea3 ,livy1 ,histori ,roman1 viii4 #bh4 ,wallon1 op4 cit4 ii4 #bi1 n4 #a4 ,footnote #aeb3 ,supra1 p4 #fae4 ,footnote #aec3 ,supra1 p4 #dbe sq4 ,footnote #aed3 ,digesta1 xlviii4 #h4 #aa4 #b4 ,footnote #aee3 ,seneca1 ,de beneficiis1 iii4 #bb4 #c4 ,footnote #aef3 ,wallon1 op4 cit4 iii4 #eg sq4 ,ingram1 p4 #fc4 ,footnote #aeg3 ,hunter1 ,exposition of ,roman ,law1 p4 #aei4 ,footnote #aeh3 ,wallon1 op4 cit4 iii4 #ec4 ,footnote #aei3 ,mommsen1 ,history of ,rome1 iii4 #cje4 ,footnote #afj3 ,see ,lecky1 ,history of ,morals1 i4 #cjb sq4 ,footnote #afa3 ,seneca1 ,de clementia1 i4 #ah4 #c4 ,footnote #afb3 ,idem1 ,epistol1 #dg4 ,idem1 ,de beneficiis1 iii4 #bh4 ,epictetus1 ,dissertationes1 i4 #ac4 ,see also the collection of statements referring to slavery made by ,holland1 ,reign of the ,stoics1 p4 #ahf sqq4 ,footnote #afc3 ,epictetus1 ,fragmenta1 #db4 ,footnote #afd3 ,institutiones1 i4 #c4 #b4 ,considering that ,christianity has commonly been represented as almost the sole cause of the mitigation and final abolishment of slavery in ,europe1 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 it4 ,nay1 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 subject4#afe ,under ,justinian certain reforms were introduced3 --enfranchisement was facilitated in various ways2#aff the rights of ,roman citizens were granted to emancipated slaves1 who had previously occupied an intermediate position between slavery and perfect freedom2#afg and though the law still refused to recognise the marriages of slaves1 ,justinian gave them a legal value after emancipation in establishing rights of succession4#afh ,but the inferior position of the slave was asserted as sternly as ever4 ,he belonged to the #fid corporeal property of his master1 he was reckoned among things which are tangible by their nature1 like land1 raiment1 gold1 and silver4#afi ,the constitution of ,antoninus ,pius restraining excessive severity on the part of masters was enforced1 but the motive for this was not evangelic humanity4#agj ,it is said in the ,institutes of ,justinian1 ,this decision is a just one2 for it greatly concerns the public weal1 that no one be permitted to misuse even his own property4#aga ,footnote #afe3 ,cf4 ,lecky1 ,history of ,european ,morals1 ii4 #fd4 ,footnote #aff3 ,institutiones1 i4 #e sqq4 ,footnote #afg3 ,ibid4 i4 #e4 #c2 iii4 #g4 #d4 ,footnote #afh3 ,ibid4 iii4 #g pr4 ,footnote #afi3 ,institutiones1 ii4 #b4 #a4 ,footnote #agj3 ,cf4 ,milman1 ,history of ,latin ,christianity1 ii4 #ad4 ,footnote #aga3 ,institutiones1 i4 #h4 #b4 ,it is curious to note that the inconsistency of slavery with the tenet1 ,do to others as you would be done by1 though emphasised by a pagan philosopher1 never seems to have occurred to any of the early ,christian writers4 ,christianity recognised slavery from the beginning4 ,the principle that all men are spiritually equal in ,christ does not imply that they should be socially equal in the world4 ,slavery does not prevent anybody from performing the duties incumbent on a ,christian1 it does not bar the way to heaven1 it is an external affair only1 nothing but a name4 ,he only is really a slave who commits sin4#agb ,slavery is of course a burden1 but a burden which has been laid upon the back of transgression4 ,man when created by ,god was free1 and nobody was the slave of another until that just man ,noah cursed ,ham1 his offending son2 slavery1 then1 is a punishment sent by ,him who best knows how to proportionate punishment to offence4#agc ,the slave himself ought not to desire to become free1#agd nay1 if the master offers him freedom he ought not to accept it4#age ,not one of the ,fathers even #fie hints that slavery is unlawful or improper4#agf ,in the early age martyrs possessed slaves1 and so did abbots1 bishops1 popes1 monasteries1 and churches2#agg ,jews and pagans only were prohibited from acquiring ,christian slaves4#agh ,so little was the abolition of slavery thought of that a ,council at ,orleans1 in the middle of the sixth century1 expressly decreed the perpetuity of servitude among the descendants of slaves4#agi ,on the other hand1 the ,church showed a zeal to prevent accessions to slavery from capture1 but her exertions were restricted to ,christian prisoners of war4#ahj ,as late as the nineteenth century the right of enslaving captives was defended by ,bishop ,bouvier4#aha ,footnote #agb3 ,gregory ,nazianzen1 ,orationes1 xiv4 #be 7,migne1 ,patrologi cursus1 ,ser4 ,graeca1 xxxv4 #hia sq474 ,idem1 ,carmina1 i4 #b4 #bf4 #bi 7ibid4 xxxvii4 #hec72 i4 #b4 #cc4 #acc sqq4 7ibid4 xxxvii4 #icg sq474 ,st4 ,chrysostom1 ,in cap4 ,,ix4 ,genes4 ,homilia ,,xxix4 #g 7ibid4 liii4 #bgj74 ,idem1 ,in ,epist4 ,i4 ad ,cor4 ,homilia ,,xix4 #e 7ibid4 lxi4 #aeh74 ,st4 ,ambrose1 ,in ,epistolam ad ,colossenses1 #c 7,migne1 op4 cit4 ,ser4 ,lat4 xvii4 #dci74 ,footnote #agc3 ,st4 ,augustine1 ,de civitate ,dei1 xix4 #ae 7,migne1 op4 cit4 xli4 #fdc sq474 ,footnote #agd3 ,st4 ,ignatius1 ,epistola ad ,polycarpum1 #d 7,migne1 op4 cit4 ,ser4 ,graeca1 v4 #gbc sq474 ,st4 ,augustine1 ,ennaratio in ,psalmum ,,cxxiv4 #g 7,migne1 op4 cit4 xxxvii4 #afec74 ,footnote #age3 ,laurent1 tudes sur l'histoire de l'humanit1 iv4 #aag4 ,footnote #agf3 ,cf4 ,babington1 ,influence of ,christianity in ,promoting the ,abolition of ,slavery in ,europe1 p4 #bi4 ,footnote #agg3 ,ibid4 p4 #bb4 ,potgiesser1 ,commentarii juris ,germanici de statu servorum1 i4 #d4 #h1 p4 #agf4 ,muratori1 ,dissertazioni sopra le antichit italiane1 i4 #bdd4 ,footnote #agh3 ,concilium ,toletanum ,,iv4 ,a4,d4 #fcc1 can4 #ff 7,labbe-,mansi1 ,sacrorum ,conciliorum collectio1 x4 #fce74 ,blakey1 ,temporal ,benefits of ,christianity1 p4 #cig4 ,digby1 ,mores ,catholici1 ii4 #cda4 ,cibrano1 ,della schiavit e del servaggio1 i4 #bgb4 ,rivire1 ,l'glise et l'esclavage1 p4 #cej4 ,footnote #agi3 ,concilium ,aurelianense ,,iv4 about ,a4,d4 #ede1 can4 #cb 7,labbe-,mansi1 op4 cit4 ix4 #aah sq474 ,footnote #ahj3 ,concilium ,rhemense1 about ,a4,d4 #fcj1 can4 #bb 7,labbe-,mansi1 op4 cit4 x4 #eig74 ,gratian1 ,decretum1 ii4 #ab4 #b4 #ac sqq4 ,baronius1 ,annales ,ecclesiastici1 ,a4,d4 #abfc1 ch4 #gd vol4 xxii4 #abd4 ,le ,blant1 ,inscriptions chrtiennes de la ,gaule1 ii4 #bhd sqq4 ,babington1 op4 cit4 pp4 #ea sqq41 #id sq4 ,nys1 ,le droit de la guerre et les prcurseurs de ,grotius1 p4 #aad4 ,footnote #aha3 ,bouvier1 ,institutiones philosophic1 p4 #eff4 ,the ,apostles reminded slaves of their duties towards their masters and masters of their duties towards their slaves4#ahb ,the same was done by ,councils and ,popes4 ,the ,council of ,gangra1 about the year #cbd1 pronounced its anathema on anyone who should teach a slave to despise his master on pretence of religion2#ahc and so much importance was attached to this decree that it was inserted in the epitome of canons which ,hadrian ,i4 in #ggc presented to ,charlemagne in ,rome4#ahd ,but there are also many instances in which masters are recommended to show humanity to their slaves4#ahe ,according to ,gregory ,,ix4 #fif 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 benefit4#ahf ,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 fugitive2#ahg or they were never given up1 but became slaves to the sanctuary4#ahh ,the ,church1 as we have seen1 protected the life of the slave by excommunicating for a couple of years masters who killed their slaves4#ahi ,she prohibited the sale of ,christian slaves to ,jews and heathen nations4#aij ,the ,council of ,chalons1 in the middle of the seventh century1 ordered that no ,christians should be sold outside the kingdom of ,clovis1 so that they might not get into captivity or become the slaves of ,jewish masters2#aia and some ,anglo-,saxon laws similarly forbade the sale of ,christians out of the country1 and especially into bondage to heathen1 that those souls perish not that ,christ bought with his own life4#aib ,the clergy sometimes remonstrated against slave markets2 but their indignation never reached the trade in heathen slaves1#aic nor was the master's right of selling any of his slaves whenever he pleased called in question at all4 ,the assertion made by many writers that the ,church exercised an extremely favourable influence upon slavery#aid surely involves a great exaggeration4 ,as late as the thirteenth century the master practically had the power of life and death over his slave4#aie ,throughout ,christendom the purchase and #fig the sale of men1 as property transferred from vendor to buyer1 was recognised as a legal transaction of the same validity with the sale of other merchandise1 land or cattle4#aif ,slaves had a title to nothing but subsistence and clothes from their masters1 all the profits of their labour accruing to the latter2 and if a master from indulgence gave his slaves any peculium1 or fixed allowance for their subsistence1 they had no right of property in what they saved out of that1 but all that they accumulated belonged to their master4#aig ,a slave or a freedman was not allowed to bring a criminal charge against a free person1 except in the case of a crimen ls majestatis1#aih and slaves were incapable of being received as witnesses against freemen4#aii ,the old distinction between the marriage of the freeman and the concubinage of the slave was long recognised by the ,church3 slaves could not marry1 but had only a right of contubernium1 and their unions did not receive the nuptial benediction of a priest4#bjj ,subsequently1 when conjunction between slaves came to be considered a lawful marriage1 they were not permitted to marry without the consent of their master1 and such as transgressed this rule were punished very severely1 sometimes even with death4#bja ,footnote #ahb3 ,ephesians1 vi4 #e sqq4 ,colossians1 iii4 #bb sqq42 iv4 #a4 ,footnote #ahc3 ,concilium ,gangrense1 about ,a4,d4 #cbd1 can4 #c 7,labbe-,mansi1 op4 cit4 ii4 #aajb1 #aajf1 #aaaj74 ,footnote #ahd3 ',epitome canonum1 quam ,hadrianus ,i4 ,carolo magno obtulit1 ,a4,d4 ,,dcclxxiii4' in ,labbe-,mansi1 op4 cit4 xii4 #hfc4 ,footnote #ahe3 ,babington1 op4 cit4 p4 #eh sqq4 ,footnote #ahf3 ,baronius1 ,annales ,ecclesiastici1 ,a4,d4 #abch1 ch4 #fb1 vol4 xxi4 #bjd4 ,footnote #ahg3 ,milman1 op4 cit4 ii4 #ea4 ,rivire1 op4 cit4 p4 #cjf4 ,du ,boys1 ,histoire du droit criminel des peuples modernes1 ii4 #bdf1 n4 #a4 ,footnote #ahh3 ',concilium ,kingesburiense sub ,bertulpho1' in ,wilkins1 ,concilia ,magn ,britanni et ,hiberni1 i4 #aha4 ,footnote #ahi3 ,supra1 p4 #dbf4 ,footnote #aij3 ,concilium ,rhemense1 about ,a4,d4 #fcj1 can4 #aa 7,labbe-,mansi1 op4 cit4 x4 #eif74 ,concilium ,liptinense1 ,a4,d4 #gdc1 can4 #c 7ibid4 xii4 #cga74 ,hefele1 ,beitrge zur ,kirchengeschichte1 i4 #bah4 ,idem1 ,history of the ,councils of the ,church1 v4 #baa4 ,footnote #aia3 ,concilium ,cabilonense1 about ,a4,d4 #fej1 can4 #i 7,labbe-,mansi1 op4 cit4 x4 #aaia74 ,footnote #aib3 ,laws of ,ethelred1 v4 #b2 vi4 #i4 ,laws of ,cnut1 ii4 #c4 ,footnote #aic3 ,hllmann1 ,stdtewesen des ,mittelalters1 i4 #hj sq4 ,loring ,brace1 ,gesta ,christi1 p4 #bbi4 ,rivire1 op4 cit4 p4 #cbe4 ,footnote #aid3 ,yanoski1 ,de l'abolition de l'esclavage ancien au moyen age1 p4 #gd sq4 ,allard1 ,les esclaves chrtiens depuis les premiers temps de l'glise1 p4 #dhg2 c4 ,footnote #aie3 ,supra1 p4 #dbg sq4 ,footnote #aif3 ,potgiesser1 op4 cit4 ii4 #d4 #e1 p4 #dbi4 ,milman1 op4 cit4 ii4 #af4 ,footnote #aig3 ,potgiesser1 op4 cit4 ii4 #aj1 p4 #ebh sqq4 ,du ,cange1 ,glossarium ad scriptores medi et infim ,latinitatis1 vi4 #dea4 ,robertson1 ,history of the ,reign of the ,emperor ,charles ,v4 i4 #bgd4 ,footnote #aih3 ,potgiesser1 op4 cit4 iii4 #c4 #b1 p4 #fab4 ,footnote #aii3 ,beaumanoir1 ,coutumes du ,beauvoisis1 xxxix4 #cb1 vol4 ii1 #ajc4 ,du ,cange1 op4 cit4 vi4 #deb4 ,potgiesser1 op4 cit4 iii4 #c4 #a1 p4 #faa4 ,footnote #bjj3 ,potgiesser1 op4 cit4 ii4 #b4 #aj sq41 p4 #ced sq4 ,footnote #bja3 ,ibid4 ii4 #b4 #ab1 p4 #cee sq4 ,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 ,church4#bjb ,but this opinion is hardly supported by facts4 ,it is true that the ,church in some degree encouraged the manumission of slaves4 ,though slavery was considered a #fih perfectly lawful institution1 the enfranchisement of a fellow-,christian was deemed a meritorious act1 and was sometimes strongly recommended on ,christian principles4 ,at the close of the sixth century it was affirmed that1 as ,christ had come to break the chain of our servitude and restore our primitive liberty1 so it was well for us to imitate ,him by making free those whom the law of nations had reduced to slavery2#bjc and the same doctrine was again proclaimed at various times down to the sixteenth century4#bjd ,in the ,carlovingian period the abbot ,smaragdus expressed the opinion that among other good and salutary works each one ought to let slaves go free1 considering that not nature but sin had subjected them to their masters4#bje ,in the latter part of the twelfth century the prelates of ,france1 and in particular the ,archbishop of ,sens1 pretended that it was an obligation of conscience to accord liberty to all ,christians1 relying on a decree of a ,council held at ,rome by ,pope ,alexander ,,iii4#bjf ,and in one of the later compilations of ,german medival law it was said that the ,lord ,jesus1 by his injunction to render unto ,csar the things which are ,csar's and unto ,god the things that are ,god's1 indicated that no man is the property of another1 but that every man belongs to ,god4#bjg ,slaves were liberated for ,god's love1 or for the remedy or ransom of the soul4#bjh ,in the formularies of manumission given by the monk ,marculfus in the seventh century we read1 for instance3--,he that releases his slave who is bound to him1 may trust that ,god will recompense him in the next world2#bji ,for the remission of my sins1 ,i absolve thee2#baj ,for the glory #fii of ,god's name and for my eternal retribution1 c4#baa ,too much importance1 however1 has often been attached to these phrases2 the most trivial occurrences1 such as giving a book to a monastery1 are commonly accompanied by similar expressions1#bab and it appears from certain formulas that slaves were not only liberated1 but also bought and sold1 in the name of ,god4#bac ,nor can we suppose that it was from religious motives only that manumissions were encouraged by the clergy4 ,it has been pointed out that1 as dying persons were frequently inclined to make considerable donations for pious uses1 it was more immediately for the interest of churchmen1 that people of inferior condition should be rendered capable of acquiring property1 and should have the free disposal of what they had acquired4 ,it also seems that those who obtained their liberty by the influence of the clergy had to reward their benefactors1 and that the manumission should for this reason be confirmed by the ,church4#bad ,and whilst the ,church favoured liberation of the slaves of laymen1 she took care to prevent liberation of her own slaves2 like a physician she did not herself swallow the medicine which she prescribed to others4 ,she allowed alienation of such slaves only as showed a disposition to run away4#bae ,the ,council of ,agatho1 in #ejf1 considered it unfair to enfranchise the slaves of monasteries1 seeing that the monks themselves were daily compelled to labour2#baf and1 as a matter of fact1 the slaves of monasteries were everywhere among the last who were manumitted4#bag ,in the seventh century a ,council at ,toledo threatened with damnation any bishop who should liberate a slave belonging to the ,church1 without giving #gjj due compensation from his own property1 as it was thought impious to inflict a loss on the ,church of ,christ2#bah 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 value4#bai ,nay1 the ,church was anxious not only to prevent a reduction of her slaves1 but to increase their number4 ,she zealously encouraged people to give up themselves and their posterity to be the slaves of churches and monasteries1 to enslave their bodies--as some of the charters put it--in order to procure the liberty of their souls4#bbj ,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 officiated4#bba ,footnote #bjb3 ,clarkson1 ,essay on ,slavery1 p4 #ai1 sq4 ,biot1 ,de l'abolition de l'esclavage ancien en ,occident1 p4 xi4 ,throu1 ,le ,christianisme et l'esclavage1 p4 #adg4 ,martin1 ,histoire de ,france jusqu'en #aghi1 iii4 #aa1 n4 #b4 ,balmes1 ,el ,protestantismo comparado con el ,catolicismo1 i4 #bhe4 ,blakey1 op4 cit4 p4 #agj4 ,yanoski1 op4 cit4 p4 #ge4 ,cochin1 ,l'abolition de l'esclavage1 ii4 #cdi1 #deh4 ,littr1 tudes sur les ,barbares et le ,moyen ,age1 p4 #bcj sq4 ,allard1 op4 cit4 p4 #dij4 ,tedeschi1 ,la schiavit1 p4 #fh4 ,lecky1 ,history of ,rationalism in ,europe1 ii4 #baf1 #bcf sqq4 ,maine1 ,international ,law1 p4 #afj4 ,kidd1 ,social ,evolution1 p4 #afh4 ,footnote #bjc3 ,st4 ,gregory the ,great1 ,epistol1 vi4 #ab 7,migne1 ,patrologi cursus1 lxxvii4 #hjc sq474 ,gratian1 op4 cit4 ii4 #ab4 #b4 #fh4 ,potgiesser1 op4 cit4 iv4 #a4 #c1 p4 #fff sq4 ,footnote #bjd3 ,babington1 op4 cit4 p4 #ahj4 ,footnote #bje3 ,smaragdus1 ,via ,regia1 #cj 7d',achery1 ,spicilegium1 i4 #bec74 ,footnote #bjf3 de ,boulainvilliers1 ,histoire de l'ancien gouvernement de la ,france1 i4 #cab4 ,footnote #bjg3 ,speculum ,saxonum1 iii4 #db 7,goldast1 ,collectio consuetudinum et legum imperialium1 p4 #aeh74 ,footnote #bjh3 ,du ,cange1 op4 cit4 iv4 #dfj sqq4 ,potgiesser1 op4 cit4 iv4 #ab4 #e1 p4 #gea sqq4 ,muratori1 op4 cit4 i4 #bdi4 ,robertson1 op4 cit4 i4 #cbc4 ,milman1 op4 cit4 ii4 #ea sq4 ,footnote #bji3 ,marculfus1 ,formul1 ii4 #cb 7,migne1 op4 cit4 lxxxvii4 #gdg74 ,footnote #baj3 ,ibid4 ii4 #cc 7,migne1 op4 cit4 lxxxvii4 #gdh74 ,footnote #baa3 ,marculfus1 ,formul1 ii4 #cd 7,migne1 op4 cit4 lxxxvii4 #gdh74 ,footnote #bab3 ,babington1 op4 cit4 p4 #fa1 n4 #f4 ,footnote #bac3 ,formul ,bignonian1 #b1 ',venditio de servo' 7,baluze1 ,capitularia regum ,francorum1 ii4 #dig73--;,domino magnifico fratri illi emptori1 ego in ,dei nomine ille venditor4 ,footnote #bad3 ,millar1 ,origin of the ,distinction of ,ranks1 p4 #bgd sq4 ,footnote #bae3 ,gratian1 op4 cit4 ii4 #ab4 #b4 #ed4 ,footnote #baf3 ,concilium ,agathense1 ,a4,d4 #ejf1 can4 #ef 7,labbe-,mansi1 op4 cit4 viii4 #ccd74 ,footnote #bag3 ,hallam1 ,view of the ,state of ,europe during the ,middle ,ages 7ed4 #ahcg71 i4 #bba4 ,footnote #bah3 ,concilium ,toletanum ,,iv4 ,a4,d4 #fcc1 can4 #fg 7,labbe-,mansi1 op4 cit4 x4 #fce74 ,footnote #bai3 ,gratian1 op4 cit4 ii4 #ab4 #b4 #eh4 ,potgiesser1 op4 cit4 iv4 #b4 #d1 p4 #fgc4 ,footnote #bbj3 ,du ,cange1 op4 cit4 iv4 #abhf4 ,potgiesser1 op4 cit4 i4 #a4 #f sq41 p4 #e sqq4 ,muratori1 op4 cit4 i4 #bcd sqq4 ,robertson1 op4 cit4 i4 #cbf4 ,footnote #bba3 ,concilium ,toletanum ,,ix4 ,a4,d4 #fee1 can4 #aj 7,labbe-,mansi1 op4 cit4 xi4 #bi74 ,the disappearance of medival slavery has further1 to some extent1 been attributed to the efforts of kings to weaken the power of the nobles4#bbb ,thus ,louis ,x4 and ,philip the ,long of ,france issued ordinances declaring that1 as all men were by nature free1 and as their kingdom was called the kingdom of the ,franks1 they would have the fact to correspond with the name1 and emancipated all persons in the royal domains upon paying a just compensation1 as an example for other lords to follow4#bbc ,muratori believes that in ,italy the wars during the twelfth and following centuries contributed more than anything else to the decline of slavery1 as there was a need of soldiers and soldiers must be freemen4#bbd ,according to others the disappearance of slavery was largely effected by the great famines and epidemics with which ,europe was visited during the tenth1 eleventh1 and twelfth #gja centuries4#bbe ,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 them1 which became the general rule in the later part of the ,middle ,ages1 at least in the case of ,christian captives4#bbf ,but it seems that the chief cause of the extinction of slavery in ,europe was its transformation into serfdom4 ,footnote #bbb3 ,robertson1 op4 cit4 i4 #dg sq4 ,millar1 op4 cit4 p4 #bgf sqq4 ,footnote #bbc3 ,decrusy1 ,isambert1 and ,jourdan1 ,recueil gnral des anciennes lois franaises1 iii4 #ajb sqq4 ,footnote #bbd3 ,muratori1 op4 cit4 i4 #bcd sq4 ,idem1 ,rerum ,italicarum scriptores1 xviii4 #bfh1 #bib4 ,footnote #bbe3 ,biot1 op4 cit4 p4 #cah sqq4 ,saco1 ,historia de la esclavitud1 iii4 #bda sqq4 ,footnote #bbf3 ,ward1 ,enquiry into the ,foundation and ,history of the ,law of ,nations in ,europe1 i4 #bih sq4 ,babington1 op4 cit4 p4 #adg4 ,ayala1 ,de jure et officiis bellicis1 i4 #e4 #ai4 ,in the sixteenth century the statutes of some ,italian towns make mention of the sale of slaves1 who probably were ,turkish captives 7,nys1 ,le droit de la guerre et les prcurseurs de ,grotius1 p4 #adj74 ,this transformation has been traced to the diminished supply of slaves1 which made it the interest of each family to preserve indefinitely its own hereditary slaves1 and to keep up their number by the method of propagation4 ,the existence and physical well-being of the slave became consequently an object of greater value to his master1 and the latter found it most profitable to attach his slaves to certain pieces of land4#bbg ,moreover1 the cultivation of the ground required that the slaves should have a fixed residence in different parts of the master's estate1 and when a slave had thus been for a long time engaged in a particular farm1 he was so much the better qualified to continue in the management of it for the future4 ,by degrees he therefore came to be regarded as belonging to the stock upon the ground1 and was disposed of as a part of the estate which he had been accustomed to cultivate4#bbh ,footnote #bbg3 ,storch1 ,cours d'conomie politique1 iv4 #bfj4 ,ingram1 op4 cit4 p4 #gb4 ,footnote #bbh3 ,millar1 op4 cit4 p4 #bfc sqq4 ,but serfdom itself was merely a transitory condition destined to lead up to a state of entire liberty4 ,as the proprietor of a large estate could not oversee the behaviour of his villeins1 scattered over a wide area of land1 the only means of exciting their industry would be to offer them a reward for the work which they performed4 ,thus1 besides the ordinary maintenance allotted #gjb to them1 they frequently obtained a part of the profits1 and became capable of having separate property4#bbi ,in many cases this no doubt enabled the serf to purchase his liberty out of his earnings2#bcj whilst in others the master would have an interest in allowing him to pay a fixed rent and to retain the surplus for himself4 ,the landlord was then freed from the hazard of accidental losses1 and obtained not only a certain1 but frequently an additional1 revenue from his land1 owing to the greater exertions of cultivators who worked for their own benefit2#bca and at the same time the personal subjection of the peasants naturally came to an end1 as it was of no consequence to the landlord how they conducted themselves provided that they punctually paid the rents4 ,nor was there any reason to insist that they should remain in the farm longer than they pleased2 for the profits it afforded made them commonly not more willing to leave it than the proprietor was to put them away4#bcb ,another factor which led to the disappearance of serfdom was the encouragement which ,sovereigns1 always jealous of the great lords1 gave to the villeins to encroach upon their authority4#bcc ,we have convincing proof that in ,england1 before the end of ,edward ,,iii4's reign1 the villeins found themselves sufficiently powerful to protect one another1 and to withhold their ancient and accustomed services from their lord4#bcd ,in ,germany1 again1 the landlords sometimes furnished their villeins with arms to defend the cause of their master1 and this undoubtedly tended to their enfranchisement1 as persons who are taught to use and allowed to possess weapons will soon make #gjc themselves respected4#bce ,a great number of villeins also shook off the fetters of their servitude by fleeing for refuge to some chartered town1#bcf where they became free at once1#bcg or1 more commonly1 after a certain stipulated period--a year and a day1#bch or more2#bci and it seems1 besides1 that the rapid disappearance of serfdom in the prospering free towns indirectly1 by way of example1 promoted the enfranchisement of rural serfs4#bdj ,there are1 further1 instances of lords liberating their villeins at the intercession of their spiritual confessors1 the clergy availing themselves of every opportunity to lessen the formidable power of their great rivals1 the temporal nobility4#bda ,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 proper4#bdb ,she represented serfdom as a divine institution1#bdc as a school of humility1 as a road to future glory4#bdd ,she was herself the greatest #gjd serf-holder2#bde and so strenuously did she persist in retaining her villeins1 that after ,voltaire had raised his powerful outcry in favour of liberty and ,louis ,,xvi4 himself had been induced to abolish the right of servitude in consideration of the love of humanity1 the ,church still refused to emancipate her serfs4#bdf ,but whilst the cause of freedom owes little to the ,christian ,church1 it owes so much the more to the feelings of humanity and justice in some of her opponents4 ,footnote #bbi3 ,millar1 op4 cit4 p4 #bfd4 ,simonde de ,sismondi1 ,histoire des rpubliques italiennes du moyen ge1 xvi4 #cfe sq4 ,gurard1 ,cartulaire de l',abbaye de ,saint-,pre de ,chartres1 i4 p4 xli4 ,dunham1 ,history of the ,germanic ,empire1 i4 #bcj4 ,footnote #bcj3 ,see ,vinogradoff1 ,villainage in ,england1 p4 #hg2 ,pollock and ,maitland1 ,history of ,english ,law before the ,time of ,edward ,i4 i4 #cf1 #dbg4 ,footnote #bca3 ,adam ,smith1 ,wealth of ,nations1 p4 #agc4 ,millar1 op4 cit4 p4 #bfg sqq4 ,mill1 ,principles of ,political ,economy1 i4 #cji1 #caa4 ,dunham1 op4 cit4 i4 #bbh sq4 ,on the inefficiency of slave labour1 see also ,storch1 op4 cit4 iv4 #bge sqq4 ,footnote #bcb3 ,millar1 op4 cit4 p4 #bfi sq4 ,footnote #bcc3 ,adam ,smith1 ,wealth of ,nations1 p4 #agc4 ,footnote #bcd3 ,eden1 ,state of the ,poor1 i4 #cj4 ,footnote #bce3 ,dunham1 op4 cit4 i4 #bbi4 ,footnote #bcf3 ,guibertus de ,novigento1 ',de vita sua1' in ,bouquet1 ,rerum ,gallicarum et ,franciarum scriptores1 xii4 #beg4 ',fragmentum historicum vitam ,ludovici ,,vii4 summatim complectens1' ibid4 xii4 #bhf4 ,beaumanoir1 op4 cit4 xlv4 #cf1 vol4 ii4 #bcg4 ,eden1 op4 cit4 i4 #cj4 ,laurent1 op4 cit4 vii4 #eca sq4 ,saco1 op4 cit4 iii4 #beb4 ,footnote #bcg3 ,laurent1 op4 cit4 vii4 #ecb4 ,footnote #bch3 ,glanville1 ,tractates de ,legibus et ,consuetudinibus ,regni ,angli1 v4 #e4 ,bracton1 ,de ,legibus et ,consuetudinibus ,angli1 fol4 #aih b1 vol4 iii4 #bib sq4 ,beaumanoir1 op4 cit4 xlv4 #cf1 vol4 ii4 #bcg4 ,pollock and ,maitland1 op4 cit4 i4 #dbi1 #fdh sq4 ,grimm1 ,deutsche ,rechtsalterthmer1 p4 #ccg sq4 ,laurent1 op4 cit4 vii4 #ecb4 ,footnote #bci3 ,laurent1 op4 cit4 vii4 #ecb4 ,footnote #bdj3 ,ibid4 vii4 #ecc sq4 ,footnote #bda3 ,thomas ,smith1 ,common-wealth of ,england1 p4 #bej4 ,eden1 op4 cit4 i4 #aj4 ,sugenheim1 ,geschichte der ,aufhebung der ,leibeigenschaft und ,hrigkeit in ,europa1 p4 #aji4 ,footnote #bdb3 ,cf4 ,rivire1 op4 cit4 p4 #eaa4 ,babington says 7op4 cit4 p4 #adh sq47 that in the five-hundred pages of ,wilkins' ,concilia1 which comprise the ecclesiastical documents of the ,british churches in the thirteenth century1 we only find the following regulations concerning the unfree population3--that neither freemen nor villeins are to be impeded in making their wills when death approaches2 that monks are not to alienate their less useful slaves 7famulos72 that ,jews are not allowed to possess ,christian slaves4--,it was said that he puts a disgrace on ,god who raises a villein above his station 7ibid4 p4 #aej74 ,footnote #bdc3 ,adalbero1 ,carmen ad ,rotbertum regem ,francorum1 #bia1 #bib1 #big sqq4 7,bouquet1 op4 cit4 x4 #gj73--,thesaurus1 vestis1 cunctis sunt pascua servi4 ,nam valet ingenuus sine servis vivere nullus4 4 4 4 ,triplex ergo ,dei domus est1 qu creditur una4 ,nunc orant alii2 pugnant2 aliique laborant3 ,qu tria sunt simul1 et scissuram non patiuntur4 ,st4 ,bonaventura1 quoted by ,laurent1 op4 cit4 vii4 #ebb3--,non solum secundum humanam institutionem1 sed etiam secundum divinam dispensationem1 inter ,christianos sunt domini et servi4 ,footnote #bdd3 ,laurent1 op4 cit4 vii4 #ebc4 ,footnote #bde3 ,laurent1 op4 cit4 vii4 #ebd4 ,footnote #bdf3 ,hettner1 ,geschichte der franzsischen ,literatur im achtzehnten ,jahrhundert1 p4 #afi4 ,babington1 op4 cit4 p4 #ajh4 ,sugenheim1 op4 cit4 p4 #aef sqq4 ,laurent1 op4 cit4 vii4 #ecg sq4 99 99 99 99 99 ,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 states4 ,it grew up under circumstances particularly favourable to the employment of slaves4 ,whether slave labour or free labour is more profitable to the employer depends on the wages of the free labourer1 and these again depend on the numbers of the labouring population compared with the capital and the land4 ,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 slavery4 ,hence slavery was introduced there1 and flourished1 and could be abolished only with the greatest difficulty4#bdg ,footnote #bdg3 ,mill1 ,principles of of ,political ,economy1 i4 #caa4 ,from a moral point of view negro slavery is interesting chiefly because it existed in the midst of a highly developed ,christian civilisation1 and nevertheless1 at least in the ,british colonies and the ,united ,states1 was the most brutal form of slavery ever known4 ,it may be worth while to consider more closely some points of the legislation relating to it4 ,in ,america1 as elsewhere1 the state of slavery was hereditary4 ,the child of a female slave was itself a slave and belonged to the owner of its mother even if its father was a freeman1 whereas the child of a free woman was #gje free even if its father was a slave4#bdh ,when the slave-trade was prohibited1 heredity remained the only legitimate source of slavery2 but even then a freeborn negro was far from safe4 ,in the ,british colonies and in all the ,slave ,states except one1 every negro was presumed to be a slave until he could prove the reverse4#bdi ,a man who1 within the limits of a slave-holding ,state1 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 slave4 ,nay more1 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 slaves4 ,this law was repeatedly put into effect4 ,how many crowned despots1 says ,professor von ,hoist1 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 birth8#bej ,footnote #bdh3 ,stroud1 ,laws relating to ,slavery in the ,united ,states of ,america1 p4 #af sqq4 ,cobb1 ,inquiry into the ,law of ,negro ,slavery in the ,united ,states of ,america1 p4 #fh4 ,stephen1 ,slavery of the ,british ,west ,india ,colonies1 i4 #abb4 ,code ,noir1 dit du mois de ,mars #afhe1 art4 #ac1 p4 #ce sq42 dit donn au mois de ,mars #agbd1 art4 #aj1 p4 #bhh sq4 ,in ,maryland1 according to an early enactment1 which obtained till the year #afii or #agjj1 all the children born of a slave were slaves as their fathers were 7,stroud1 op4 cit4 p4 #ad sqq474 ,in ,cuba the nobler parent determined the rank of the offspring 7,newman1 ,anglo-,saxon ,abolition of ,negro ,slavery1 p4 #ag74 ,footnote #bdi3 ,stephen1 op4 cit4 i4 #cfi sq4 ,stroud1 op4 cit4 pp4 #abe1 #abf1 #acj4 ,cobb1 op4 cit4 p4 #fg4 ,wheeler1 ,treatise on the ,law of ,slavery1 p4 #e4 ,footnote #bej3 von ,holst1 ,constitutional and ,political ,history of the ,united ,states1 i4 #cje4 ,slaves were defined as chattels personal in the hands of their respective owners or possessors1 and their executors1 administrators1 and assigns1 to all intents and purposes whatsoever4#bea ,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 masters1 as absolutely as cattle1 or any other personal effects4 ,they were #gjf also liable to be sold by process of law for satisfaction of the debts of a living1 or the debts or bequests of a deceased master1 at the suit of creditors or legatees4 ,they were transmitted by inheritance or by will to heirs at law or to legatees1 and in the distribution of estates they were distributed like other property4#beb ,no regard was paid to family ties4 ,except in ,louisiana1 where children under ten years of age could not be sold separately from their mothers1#bec no law existed to prevent the violent separation of parents from their children or from each other4#bed ,and what the law did not prevent1 the slave-owners did not omit doing2 thus ,virginia was known as a breeding place out of which the members of one household were sold into every part of the country4#bee ,all this1 however1 holds true of the ,british colonies and ,slave ,states only4 ,in the ,spanish1 ,portuguese1 and ,french colonies plantation slaves were real estate1 attached to the soil they cultivated4 ,they partook therewith of all the restraints upon voluntary alienation to which the possessor of the land was there liable1 and they could not be seized or sold by creditors1 for satisfaction of the debts of the owner4#bef ,as regards the sale of members of the same family the ,code ,noir expressly says1 ,ne pourront tre saisis et vendus sparment1 le mari et la femme1 et leurs enfans impubres1 s'ils sont tous sous la puissance du mme ,matre4#beg ,a slave could make no contract2 he could not even contract marriage1 in the juridical sense of the word4 ,the association which took place among slaves and was called marriage was virtually the same as the ,roman contubernium1 a relation which had no sanctity and to which no civil rights were attached4#beh ,the master could whenever #gjg he liked separate the husband and wife2 he could1 if he pleased1 commit adultery with the wife1 and was the absolute owner of all the children born by her4 ,a slave had no more legal authority over his child than a cow has over her calf4 ,on the other hand1 the common rules of sexual morality were not enforced on the slaves4 ,they were not admonished for incontinence1 nor punished for adultery1 nor prosecuted for bigamy4 ,incontinence was rather thought a matter of course in the slave4 ,we are told that even in ,puritan ,new ,england female slaves in ministers' and magistrates' families bore children1 black or yellow1 without marriage1 that no one inquired who their fathers were1 and that nothing more was thought of it than of the breeding of sheep or swine4 ,and concerning the slave-quarters connected with the plantations the universal testimony was that the sexes were there herded together promiscuously1 like beasts4#bei ,footnote #bea3 ,brevard1 ,digest of the ,public ,statute ,law of ,south-,carolina1 p4 #bbi4 ,prince1 ,digest of the ,laws of ,georgia1 p4 #ggg4 ,in the ,french ,code ,noir 7dit du mois de ,mars #afhe1 art4 #dd1 p4 #di2 dit donn au mois de ,mars #agbd1 art4 #dj1 p4 #cje7 slaves are declared to be meubles4 ,footnote #beb3 ,stephen1 op4 cit4 i4 #fb4 ,stroud1 op4 cit4 p4 #hd4 ,goodell1 ,american ,slave ,code in ,theory and ,practice1 p4 #fc sqq4 ,footnote #bec3 ,peirce1 ,taylor1 and ,king1 ,consolidation and ,revision of the ,statutes of the ,state ,louisiana1 pp4 #ebc1 #eej sq4 ,footnote #bed3 ,stephen1 op4 cit4 i4 #fb sq4 ,stroud1 op4 cit4 p4 #hb4 ,footnote #bee3 ,pearson1 ,national ,life and ,character1 p4 #baj4 ,footnote #bef3 ,stephen1 op4 cit4 i4 #fi4 ,footnote #beg3 ,code ,noir1 dit du mois de ,mars #afhe1 art4 #dg1 p4 #ea2 dit donn au mois de ,mars #agbd1 art4 #dc1 p4 #cjf4 ,footnote #beh3 ,cobb1 op4 cit4 p4 #bdj sqq4 ,stroud1 op4 cit4 p4 #ii4 ,goodell1 ,american ,slave ,code1 p4 #aje sqq4 ,wheeler1 op4 cit4 p4 #aii4 ,according to the ,civil ,code of ,louisiana1 slaves cannot marry without the consent of their masters1 and their marriages do not produce any of the civil effects which result from such contract 7,morgan1 ,civil ,code of ,louisiana1 art4 #ahb1 p4 #bi74 ,footnote #bei3 ,goodell1 ,american ,slave ,code1 p4 #aaa4 ,in #ahce the query was presented to a ,baptist ,association of ministers1 whether1 in case of involuntary separation of such a character as to preclude all future intercourse1 the parties may be allowed to marry again8 ,the answer was1 that such separation among persons situated as our slaves are1 is civilly a separation by death1 and they believe that1 in the sight of ,god1 it would be so viewed4 ,to forbid second marriages in such cases would be to expose the parties not only to greater hardships and stronger temptations1 but to church censure for acting in obedience to their masters4 ,incidentally here the fact leaks out that slave cohabitation is enforced by the authority of the masters for the increase of their human chattels 7,goodell1 ,slavery and ,anti-,slavery1 p4 #ahe74 ,yet though slaves were regarded as chattels1 the master could not do with his slave exactly what he pleased4 ,we have noticed that the life of the slave was in some degree1 though very insufficiently1 protected by law1#bfj and that a master who mutilated his slave was subject to a slight penalty4#bfa ,the law also took care to prohibit the master from doing things which were considered injurious to the community or the ,state4 ,there was a great fear of teaching negroes to read and write4 ,william ,knox1 in a tract addressed to the venerable ,society for propagation #gjh of the ,gospel in foreign parts in the year #agfh1 remarks that instruction renders them less fit or less willing to labour1 and that1 if they were universally taught to read1 there would undoubtedly be a general insurrection of the negroes leading to the massacre of their owners4#bfb ,a similar fear underlies the laws on the subject which we meet with in the codes of some of the ,slave ,states4 ,according to the ,negro ,act of #agdj for ,south ,carolina1 any person who instructed a slave in writing was subject to a fine of one hundred pounds2#bfc but this enactment was later on considered too liberal4 ,a law of #ahcd placed under the ban all efforts to teach the coloured race either reading or writing1 and the punishment was no longer a pecuniary fine only1 but1 besides1 imprisonment for six months or a shorter time or1 if the offender was a free person of colour1 whipping not exceeding fifty lashes4#bfd ,in ,georgia a law of #aggj1 which prohibited the instruction of slaves in reading and writing1 was in #ahcc followed by an act which extended the prohibition to free persons of colour4#bfe ,in ,louisiana the teaching of slaves was punished with imprisonment for not less than one month nor more than twelve months4#bff ,north ,carolina allowed slaves to be made acquainted with arithmetical calculations1 but sternly interdicted instruction in reading and writing2#bfg whilst ,alabama warred with the rudiments of reading1 forbidding any coloured persons1 bond or free1 to be taught not only reading and writing1 but spelling4#bfh ,in all these ,states the prohibitions referred to the master of the slave as well as to other persons4 ,in ,virginia1 on the other hand1 the master might teach his slave whatever he liked1 but others might not4#bfi ,footnote #bfj3 ,supra1 p4 #dbh sq4 ,footnote #bfa3 ,supra1 p4 #eag4 ,footnote #bfb3 ,knox1 ,three ,tracts respecting the ,conversion and ,instruction of the ,free ,indians and ,negroe ,slaves in the ,colonies1 p4 #ae sq4 ,footnote #bfc3 ,brevard1 op4 cit4 ii4 #bdc4 ,footnote #bfd3 ,mc,cord1 ,statutes at large of ,south ,carolina1 vii4 #dfh4 ,footnote #bfe3 ,prince1 op4 cit4 pp4 #ghe1 #feh4 ,footnote #bff3 ,peirce1 ,taylor1 and ,king1 op4 cit4 p4 #eeb4 ,footnote #bfg3 ,revised ,statutes of ,north ,carolina passed by the ,general ,assembly at the ,session of #ahcf-g1 xxxiv4 #gd1 cxi4 #bg1 vol4 i4 #bji1 #egh4 ,footnote #bfh3 ,clay1 ,digest of the ,laws of ,alabama1 p4 #edc4 ,footnote #bfi3 ,code of ,virginia1 cxcviii4 #ca sq4 ,stroud1 op4 cit4 p4 #adb4 #gji ,there is yet another point in which the master's power was restricted in a most unusual way3 in many cases he was not allowed to liberate his slave1 or formidable obstacles were put in the way of manumission4 ,thus1 in ,north ,carolina a slave could formerly not be enfranchised except for meritorious services2#bgj but this enactment was altered by the ,revised ,statutes of #ahcf-ahcg1 according to which any emancipation granted to any slave shall be upon the express condition1 that he1 she or they will leave the ,state1 within ninety days from the granting thereof1 and never will return within the ,state afterwards4#bga ,the ,civil ,code of ,louisiana required that a slave1 to be emancipated1 should have attained the age of thirty years and behaved well at least for four years preceding the emancipation1 unless1 indeed1 the slave had saved the life of his master or of one of his children1 in which case he might be set free at any age2#bgb and1 according to a statute of #aheb1 the emancipated slave should be sent out of the ,united ,states within twelve months after his emancipation4#bgc ,in several other ,states manumission was likewise hampered by various regulations2#bgd and throughout the ,british ,west ,indies there were restraints on manumission prior to the ,emancipation ,act4#bge ,by an act passed in ,saint ,christopher in the year #ahjb1 a tax of #a1jjj was imposed on the manumission of any slave who was not a native of1 or had not resided for two years within1 the island1 whilst natives or residents might be enfranchised at half that price4 ,but the authors of this act went further still4 ,they considered that a master1 though unwilling to pay #ejj or #a1jjj for the legal enfranchisement of a slave1 might1 during his own life1 make him or her practically free by not exercising his own rights as master4 ,hence #gaj they enacted that if any proprietor of a slave should1 by any contract in writing or otherwise1 dispense with the slave's service1 or should be proved before a justice of peace not to have exercised any right of ownership over such slave1 and maintained him or her at his own expense1 within a month1 the slave should be publicly sold at vendue by the provost marshall2 and should become the property of the purchaser1 and the purchase-money should be paid into the colonial treasury4#bgf ,in ,st4 ,vincents one hundred pounds sterling was required to be paid into the treasury for each slave sought to be manumitted1#bgg whilst in ,barbados a person minded to manumit a slave should pay #ej to the churchwarden of the parish in which he resided4#bgh ,very different were the ,spanish laws on the subject of manumission4 ,according to a law of #aebh a negro slave who had served a certain length of time was entitled to his liberty upon the payment of a certain sum1 not less than twenty marks of gold1 the exact amount to be settled by the royal authorities4#bgi ,in #aedj a law was issued to the effect that if any negro1 or negress1 or any other persons reputed slaves1 should publicly demand their liberty1 they should be heard1 and justice be done to them1 and care be taken that they should not on that account be maltreated by their masters4#bhj ,nay1 a slave who wished to change his master and could prevail on any other person to buy him by appraisement1 could demand and compel such a transfer1#bha and a master who treated his slaves inhumanly could be by the judge deprived of them4#bhb ,in most of the ,british colonies and ,american ,slave ,states1 on the other hand1 the slave had no legal right to obtain a change of master when cruel treatment made it necessary for his relief or preservation4#bhc #gaa ,the exceptions to this rule#bhd were few and of little practical value4 ,footnote #bgj3 ,stroud1 op4 cit4 p4 #bcc4 ,footnote #bga3 ,revised ,statutes of ,north ,carolina1 cxi4 #eh1 vol4 i4 #ehe4 ,footnote #bgb3 ,morgan1 ,civil ,code of ,louisiana1 art4 #ahe sq41 p4 #cj sqq4 ,footnote #bgc3 ,ibid4 ,stat4 #ahth ,march1 #aheb1 #a1 p4 #bi4 ,footnote #bgd3 ,brevard1 op4 cit4 ii4 #bee sq4 7,south ,carolina74 ,prince1 op4 cit4 p4 #ghg 7,georgia74 ,stroud1 op4 cit4 p4 #bca 7,alabama74 ,alden and van ,hoesen1 ,digest of the ,laws of ,mississippi1 p4 #gfa4 ,haywood and ,cobbs1 ,statute ,laws of the ,state of ,tennessee1 i4 #cbg sq4 ,footnote #bge3 ,cobb1 op4 cit4 p4 #bhb4 ,footnote #bgf3 ,stephen1 op4 cit4 i4 #dja sq4 ,footnote #bgg3 ,cobb1 op4 cit4 p4 #bhb sq4 ,footnote #bgh3 ,moore1 ,public ,acts passed by the ,legislature of ,barbados1 p4 #bbd sq4 ,footnote #bgi3 ,helps1 ,spanish ,conquest in ,america1 iv4 #cgc4 ,footnote #bhj3 ,recopilacion de leyes de los reinos de las ,indias1 vii4 #e4 #h1 vol4 ii4 #cba4 ,footnote #bha3 ,barre ,saint ,venant1 quoted by ,stephen1 op4 cit4 i4 #aai sq4 ,footnote #bhb3 ,edwards1 ,history of the ,british ,west ,indies1 iv4 #dea4 ,footnote #bhc3 ,stephen1 op4 cit4 i4 #ajf4 ,stroud1 op4 cit4 p4 #ic4 ,footnote #bhd3 ,morgan1 ,civil ,code of ,louisiana1 art4 #aib1 p4 #cc4 ,morehead and ,brown1 ,digest of the ,statute ,laws of ,kentucky1 ii4 #adha4 ,edwards1 op4 cit4 ii4 #aib 7,jamaica74 ,stephen1 op4 cit4 i4 #ajf 7some other ,british colonies74 ,in the ,french islands a negro who had been cruelly treated1 contrary to royal ordinances1 was forfeited to the crown1 and acquired1 if not freedom1 at least deliverance from a tyrannical master 7,code ,noir1 dit du mois de ,mars #afhe1 art4 #db1 p4 #dh sq42 dit donn au mois de ,mars #agbd1 art4 #ch1 p4 #cjc sq472 but the ,court which adjudged the offence might also decree the sufferer to be manumitted 7,stephen1 op4 cit4 i4 #aai74 ,this system of slavery1 which at least in the ,british colonies and the ,slave ,states surpassed in cruelty the slavery of any pagan country ancient or modern1 was not only recognised by ,christian governments1 but was supported by the large bulk of the clergy1 ,catholic#bhe and ,protestant alike4 ,in the beginning of the abolitionist movement the ,churches acknowledged slavery to be a great evil1 but with the making of this acknowledgment they believed that they had done their share1 and denied that there was any obligation on them1 or even that they had any right1 to proceed against the slave-holders4 ,but things did not stop here4 ,the lamentations of resignation were gradually changed into excuses1 and the excuses into justifications4#bhf ,the ,bible1 it was said1 contains no prohibition of slavery2 on the contrary1 slavery is recognised both in the ,old and ,new ,testaments4 ,abraham1 the father of the faithful and the friend of ,god1 had slaves2 the ,hebrews were directed to make slaves of the surrounding nations2 ,st4 ,paul and ,st4 ,peter approved of the #gab relation of master and slave when they gave admonitions to both as to their reciprocal behaviour2 the ,saviour ,himself said nothing in condemnation of slavery1 although it existed in great aggravation while ,he was upon earth4 ,if slavery were sinful1 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 will8#bhg ,nay1 ,god not only permitted slavery1 but absolutely provided for its perpetuity2#bhh it is the very legislation of ,heaven itself2#bhi it is an institution which it is a religious duty to maintain1#bij and which cannot be abolished1 because ,god is pledged to sustain it4#bia ,according to some1 slavery was founded on the judgment of ,god on a damned race1 the descendants of ,ham2 according to others1 it was only in this way that the ,african could be raised to a participation in the blessings of ,christianity and civilisation4#bib ,with the name of abolitionist was thus associated the idea of infidelity1 and the emancipation movement was branded as an attempt to spread the evils of scepticism through the land4#bic ,according to ,governor ,macduffie1 of ,south ,carolina1 no human institution is more manifestly consistent with the will of ,god than slavery1 and every community ought to punish the interference of abolitionists with death1 without the benefit of clergy1 regarding the authors of it as enemies of the human race4#bid ,it is true that religious arguments were also adduced in favour of abolition4 ,to hold men in bondage was said to be utterly inconsistent with the inalienable rights which the ,creator had granted mankind1 and still more obviously #gac at variance with the dictates of ,christian love4#bie ,many clergymen also joined the abolitionists4 ,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 offences4#bif ,the ,american ,churches were justly said to be the bulwarks of ,american slavery4#big ,footnote #bhe3 ,the attempts to represent the ,roman ,catholic clergy as ardent abolitionists 7,cochin1 ,l'abolition de l'esclavage1 ii4 #ddc2 de ,locqueneuille1 ,l'esclavage1 ses promoteurs et ses adversaires1 p4 #aic7 are certainly not justified by facts4 ,among the ,catholics of the ,united ,states there were some advocates of emancipation1 but their number was not large 7,goodell1 ,slavery and ,anti-,slavery1 #aie sq42 ,parker1 ,collected ,works1 vi4 #abg sq474 ,dr4 ,england1 the ,catholic bishop of ,charleston1 ,south ,carolina1 undertook in public to prove that the ,catholic ,church had always been the uncompromising friend of slave-holding 7,parker1 op4 cit4 v4 #eg74 ,in ,brazil it was common for clergymen not only to possess slaves1 but to buy and sell them with as little scruple as other merchandises 7da ,fonseca1 ,a esravido1 o clero e o abolicionismo1 pp4 #bh1 #cc74 ,bishop ,bouvier wrote 7op4 cit4 p4 #efh73--,servi autem dominis suis obedire1 sortem suam patienter tolerare et officia sibi imposita fideliter exsequi debent1 quoadusque libertas ipsis concedatur4 ,meminerint prsentem vitam esse momentaneam1 futuram vero ternam4 ,footnote #bhf3 von ,holst1 op4 cit4 ii4 #bca sqq4 ,footnote #bhg3 ,barnes1 ,the ,church and ,slavery1 p4 #ae4 ,birney1 ,letter to the ,churches1 p4 #c sq4 ,bledsoe1 ,essay on ,liberty and ,slavery1 p4 #ach sqq4 ,gerrit ,smith1 ,letter to ,rev4 ,james ,smylie1 p4 #c4 ,cobb1 op4 cit4 p4 #ed sqq4 ,goodell1 ,slavery and ,anti-,slavery1 pp4 #aed-aef1 #afg1 #agf1 #aha1 #ahd1 #ahf1 c4 ,parker1 ,collected ,works1 v4 #aeg4 ,footnote #bhh3 ,thornton1 quoted by ,goodell1 ,slavery and ,anti-,slavery1 p4 #adg4 ,fisk1 quoted ibid4 p4 #adg4 ,footnote #bhi3 ,bledsoe1 op4 cit4 p4 #ach4 ,footnote #bij3 ,smylie1 quoted by ,gerrit ,smith1 op4 cit4 p4 #c4 ,footnote #bia3 ,quoted by ,goodell1 ,slavery and ,anti-,slavery1 p4 #cdg4 ,footnote #bib3 ,barnes1 op4 cit4 p4 #af4 ,footnote #bic3 ,ibid4 p4 #ah4 ,newman1 ,anglo-,saxon ,abolition of ,negro ,slavery1 p4 #ef4 ,bledsoe1 op4 cit4 p4 #bbc4 ,footnote #bid3 ,newman1 op4 cit4 p4 #ec4 von ,holst1 op4 cit4 ii4 #aah1 n4 #a4 ,footnote #bie3 ,gurney1 ,views and ,practices of the ,society of ,friends1 p4 #cij4 ',anti-,slavery ,declaration of #ahcc1' quoted by ,goodell1 ,slavery and ,anti-,slavery1 p4 #cih4 ,birney1 ,second ,letter1 p4 #a4 ,footnote #bif3 ,parker1 op4 cit4 v4 #ef4 ,footnote #big3 von ,holst1 op4 cit4 ii4 #bcj4 ,nobody would suppose that this attitude towards slavery was due to religious zeal4 ,it was one of those cases1 only too frequent in the history of morals1 in which religion is called in to lend its sanction to a social institution agreeable to the leaders of religious opinion4 ,many clergymen and missionaries were themselves slave-holders1#bih the chapel funds largely rested on slave property1#bii and the ministers naturally desired to be on friendly terms with the more important members of their respective congregations1 who were commonly owners of slaves4 ,adam ,smith observes that the resolution of the ,quakers in ,pennsylvania to set at liberty all their slaves1 was due to the fact that the principal produce there was corn1 the raising of which cannot afford the expense of slave cultivation2 had the slaves made any considerable part of their property1 such a resolution could never have been agreed to4#cjj ,footnote #bih3 ,barnes1 op4 cit4 p4 #ac4 ,goodell1 ,slavery and ,anti-,slavery1 pp4 #aea1 #ahf sq4 ,footnote #bii3 ,newman1 op4 cit4 p4 #ec4 ,footnote #cjj3 ,adam ,smith1 ,wealth of ,nations1 p4 #agb4 ,to explain the establishment of colonial slavery1 the difficulties in the way of its abolition1 and the laws relating to it1 it is necessary to consider not only economic conditions and the motive of self-interest1 but1 as a factor of equal importance1 the want of sympathy for1 or positive antipathy to1 the coloured race4 ,the negro was looked upon almost as an animal1 according to some he was a being without a soul4#cja ,even when free he was a pariah1 subject to special laws and regulations4 ,in the ,code of #gad ,louisiana it is said3--,free people of colour ought never to insult or strike white people1 nor presume to conceive themselves equal to the whites2 but1 on the contrary1 they ought to yield to them on every occasion1 and never speak or answer them but with respect1 under the penalty of imprisonment1 according to the nature of the offence4#cjb ,the ,code ,noir prohibited white men and women from marrying negroes1 peine de punition et d'amende arbitraire2#cjc and in the ,revised ,statutes of ,north ,carolina we read3--,if any white man or woman1 being free1 shall intermarry with an ,indian1 negro1 mustee or mulatto man or woman1 or any person of mixed blood to the third generation1 bond or free1 he shall1 by judgment of the county court1 forfeit and pay the sum of one hundred dollars to the use of the county4#cjd ,in ,mississippi a free negro or mulatto was legally punished with thirty-nine lashes if he exercised the functions of a minister of the ,gospel4#cje ,coloured men in the ,north were excluded from colleges and high schools1 from theological seminaries and from respectable churches1 as also from the town hall1 the ballot1 and the cemetery where white people were interred4#cjf ,the ,anglo-,saxon aversion to the black race is thus expressed by an ,english writer3--,we hate slavery1 but we hate the negroes still more4#cjg ,among the ,spaniards and ,portuguese racial antipathies were not so strong1 and their slaves were consequently better treated4#cjh ,footnote #cja3 von ,holst1 op4 cit4 i4 #bgi4 ,malloch1 ',how the ,church dealt with ,slavery1' in ,the ,month1 xxvii4 #ded4 ,footnote #cjb3 ,quoted by ,stroud1 op4 cit4 p4 #aeg4 ,footnote #cjc3 ,code ,noir1 dit donn au mois de ,mars #agbd1 art4 #f1 p4 #bhf4 ,footnote #cjd3 ,revised ,statutes of ,north ,carolina1 lxxi4 #e1 vol4 i4 #chf sq4 ,footnote #cje3 ,alden and van ,hoesen1 op4 cit4 p4 #gga4 ,footnote #cjf3 ,parker1 op4 cit4 v4 #eh4 ,goodell ,slavery and ,anti-,slavery1 p4 #bjj4 ,footnote #cjg3 ,seward1 quoted by ,newman1 ,abolition of ,negro ,slavery1 p4 #ed4 ,footnote #cjh3 ,couty1 ,l'esclavage au ,brsil1 p4 #h sqq4 ,thus we notice in the opinions regarding slavery throughout the same distinction as in the judgments on other matters of moral concern4 ,a person is1 as a rule1 allowed to enslave or to keep as slaves only persons belonging to a different community or a different race from his own1 or their descendants4 ,to deprive anybody of his liberty is to inflict an injury on him1 and is regarded as #gae wrong whenever the act gives rise to sympathetic resentment1 whereas nothing is thought of it where no sympathy is felt for its victim4 ,thus1 whilst slavery grows up only under economic conditions favourable to slave labour1 it is always limited by feelings of an altruistic character1 and where these feelings are sufficiently broad and powerful it is not tolerated at all4 ,the same factor also influences the condition of the slaves where slavery exists4 ,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 purchased4 ,the advancement of a nation1 again1 is frequently attended with greater severity in the treatment of the slaves1 because1 whilst the simplicity of early ages admits of little distinction between the master and his servants in their employments and manner of living1 the introduction of wealth and luxury gradually destroys the equality4 ,besides1 the number of slaves maintained in a wealthy nation makes them formidable both to their owners and to the ,state1 hence it is necessary that they should be strictly watched and kept in the utmost subjection4#cji ,footnote #cji3 ,millar1 op4 cit4 p4 #bef sqq4 ,the condition of slaves is in various respects influenced by the selfish considerations of their masters4 ,stuart ,mill observes3--,when1 as among the ancients1 the slave-market could only be supplied by captives either taken in war1 or kidnapped from thinly scattered tribes on the remote confines of the human world1 it was generally more profitable to keep up the number by breeding1 which necessitates a far better treatment of them1 and for this reason1 joined with several others1 the condition of slaves 4 4 4 was probably much less bad in the ancient world1 than in the colonies of modern nations4#caj ,among the ,bedouins1 says ,burckhardt1 the slaves are treated with kindness1 and seldom beaten1 as severity might induce them to run away4#caa ,superstition may also help to #gaf improve the lot of the slave4 ,in ,west ,africa the authority which a master exercises over a slave is very much modified by his constitutional dread of witchcraft4 ,if he treats his slave unkindly1 or inflicts unmerited punishment upon him1 he exposes himself to all the machinations of witchcraft which that slave may be able to command4#cab ,it is said in the ,proverbs1 ,accuse not a servant unto his master1 lest he curse thee1 and thou be found guilty4#cac ,the same danger threatens the cruel master4 ,we read in the ,apostolic ,constitutions1 ,thy man-servant or thy maid-servant who trust in the same ,god1 thou shalt not command with bitterness of spirit2 lest they groan against thee1 and wrath be upon thee from ,god4#cad ,footnote #caj3 ,mill1 ,principles of ,political ,economy1 i4 #cjg4 ,cf4 supra1 p4 #gja4 ,footnote #caa3 ,burckhardt1 ,bedouins and ,wahbys1 p4 #ajc4 ,footnote #cab3 ,wilson1 ,western ,africa1 p4 #bga4 ,see also ibid4 p4 #agi2 ,cruickshank1 ,eighteen ,years on the ,gold ,coast1 ii4 #ahj sqq42 ,du ,chaillu1 ,explorations and ,adventures in ,equatorial ,africa1 p4 #cca2 ,landtman1 ,origin of ,priesthood1 p4 #aih1 n4 #b4 ,footnote #cac3 ,proverbs1 xxx4 #aj4 ,footnote #cad3 ,constitutiones ,apostolic1 vii4 #ac4 ,,end ,,of ,,vol4 ,i 99 99 99 99 99 ,printed by ,,lowe ,,brydone 7,,printers7 ,,ltd41 ,london1 ,n4,w4 #a4 99 99 99 99 99 ,,the ,,origin ,,and ,,development ,,of ,,the ,,moral ,,ideas ,macmillan icon ,,macmillan ,,and ,,co41 ,,limited ,,london 4 ,,bombay 4 ,,calcutta ,,melbourne ,,the ,,macmillan ,,company ,,new ,,york 4 ,,boston 4 ,,chicago ,,dallas 4 ,,san ,,francisco ,,the ,,macmillan ,,co4 ,,of ,,canada1 ,,ltd4 ,,toronto ,,the ,,origin ,,and ,,development ,,of ,,the ,,moral ,,ideas ,,by ,,edward ,,westermarck ,ph4,d41 ,,ll4,d4 7,aberdeen7 ,,martin ,,white ,,professor ,,of ,,sociology ,,in ,,the ,,university ,,of ,,london ,,professor ,,of ,,moral ,,philosophy ,,at ,,the ,,university ,,of ,,finland1 ,,helsinfors ,,author ,,of ,,the ,,history ,,of ,,human ,,marriage1 ,,marriage ,,ceremonies ,,in ,,morocco1 ,,etc ,,in ,,two ,,volumes ,,vol4 ,,ii ,,second ,,edition ,,macmillan ,,and ,,co41 ,,limited ,,st4 ,,martin',s ,,street1 ,,london #aiag ,,copyright ,first ,edition1 #aijh ,second ,edition1 #aiag ,,preface ,,to ,,the ,,second ,,edition ,,of ,,vol4 ,,ii ,,while the text of the first edition has been left almost unchanged1 some notes have been added at the end of it4 ,e4 ,w4 ,,london1 ,september1 #aiaf4 ,,contents ,,chapter ,,xxviii ,,the ,,right ,,of ,,property ,the meaning of the term property1 p4 #a4--,savages accused of thievishness1 p4 #b4--,theft condemned by savages1 pp4 #b-ac4--,the condemnation of theft influenced by the value of the goods stolen1 pp4 #ac-ae4--,the stealing of objects of a certain kind punished with particular severity1 p4 #ad4--,the appropriation of a small quantity of food not punished at all1 p4 #ad sq4--,exceptions to the rule that the punishment of theft is influenced by the worth or nature of the appropriated property1 p4 #ae4--,the degree of criminality attached to theft influenced by the place where it is committed1 p4 #ae sq4--,a theft committed by night punished more heavily than one committed by day1 p4 #af4--;,distinction made between ordinary theft and robbery1 p4 #af sq4--,distinction made between manifest and non-manifest theft1 p4 #ag4--,successful thieves not disapproved of but rather admired1 pp4 #ag-ai4--,the moral valuation of theft influenced by the social position of the thief and of the person robbed1 p4 #ai sq4--,varies according as the victim is a tribesman or fellow-countryman or a stranger1 pp4 #bj-be4--,the treatment of ship-wrecked people in ,europe1 p4 #be4--,the destruction of property held legitimate in warfare1 p4 #be sq4--,the seizure of private property in war1 p4 #bf sq4--,military contributions and requisitions levied upon the inhabitants of the hostile territory1 p4 #bg4--,proprietary incapacities of children1 p4 #bg sq4--,of women1 pp4 #bh-ca4--,of slaves1 pp4 #ca-cc4--,the theory that nobody but the chief or king has proprietary rights1 p4 #cc4 ,,chapter ,,xxix ,,the ,,right ,,of ,,property 7concluded7 ,acquisition of property by occupation1 pp4 #ce-ci4--;,by keeping possession of a thing1 pp4 #ci-da4--;,by labour1 pp4 #da-dc4--;,by a transfer of property by its owner1 p4 #dc4--;,by inheritance1 pp4 #dd-di4--;,by the fact that ownership in a thing directly follows from ownership in another thing1 p4 #di sq4--,by the custom which prescribes community of goods1 p4 #ej4--,the origin of proprietary rights and of the various modes of acquisition1 pp4 #ea-eg4 --,explanation of the incapacity of children1 wives1 and slaves to acquire property1 p4 #eg4--,why the moral judgments vary with regard to different acts of theft1 pp4 #eg-ei4--,theft viii supposed to be avenged by supernatural powers1 pp4 #ei-fi4--,the removing of landmarks regarded as sacrilegious1 p4 #fj sq4 --,cursing as a method of punishing thieves or compelling them to restore what they have stolen1 p4 #fb sq4--,cursing as a means of preventing theft1 pp4 #fc-fg4--,spirits or gods invoked in curses referring to theft1 p4 #ff sq4--,why gods take notice of offences against property1 pp4 #fg-fi4--,the belief that thieves will be punished after death1 p4 #fi4--,the opposition against the established principles of ownership1 pp4 #fi-ga4 ,,chapter ,,xxx ,,the ,,regard ,,for ,,truth ,,and ,,good ,,faith ,definition of lying1 p4 #gb4--,of good faith1 ibid4--,the regard for truth and good faith among uncivilised races1 pp4 #gb-hh4 --,foreigners visiting a savage tribe apt to underrate its veracity1 pp4 #hf-hh4--,the regard for truth varies according as the person concerned is a foreigner or a tribesman1 p4 #hg sq4--,the regard for truth and good faith among the ,chinese1 p4 #hh sq4--,among the ,japanese1 ,burmese1 and ,siamese1 p4 #hi4 --,among the ,hindus1 pp4 #hi-ib4--;,in ,buddhism1 p4 #ib4--;,among the ancient ,persians1 p4 #ic sq4--,among ,muhammedan peoples1 p4 #id4 --,in ancient ,greece1 pp4 #id-if4--;,in ancient ,rome1 p4 #if4--;,among the ancient ,scandinavians1 p4 #if sq4--,among the ancient ,irish1 p4 #ig4--;,among the ancient ,hebrews1 pp4 #ig-ii4--;,in ,christianity1 pp4 #ii-aja4--;,in the code of ,chivalry1 p4 #aja sq4--,in the ,middle ,ages and later1 p4 #ajb sq4--,in modern ,europe1 pp4 #ajc-ajf4--,the views of philosophers1 ibid4--,deceit in the relations between different states1 in peace and war1 pp4 #ajf-ajh4 ,,chapter ,,xxxi ,,the ,,regard ,,for ,,truth ,,and ,,good ,,faith 7concluded7 ,explanation of the moral ideas concerning truthfulness and good faith1 pp4 #aji-aca4--,when detected a deception implies a conflict between two irreconcilable ideas1 which causes pain1 p4 #aji4--,men like to know the truth1 p4 #aji sq4--,the importance of knowing the truth1 p4 #aaj4--;,deception humiliating1 ibid4--,a lie or breach of faith held more condemnable in proportion to the magnitude of the harm caused by it1 ibid4--,the importance of truthfulness and fidelity even in apparently trifling cases1 p4 #aaj sq4--,deceit held permissible or obligatory when promoting the true interest of the person subject to it1 p4 #aaa4--,the moral valuation of an act of falsehood influenced by its motive1 p4 #aaa sq4--,the opinion that no motive can justify an act of falsehood1 p4 #aab4--,why falsehood is held permissible1 or praiseworthy1 or obligatory1 when directed against a stranger1 ibid4--,deceit condemned as cowardly1 p4 #aac4--;,a clever lie admired or approved of1 p4 #aad4--,the duties of sincerity and good faith to some extent founded on prudential considerations1 pp4 #aad-abd4--,lying attended with supernatural danger1 ibid4--,a mystic efficacy ascribed to the untrue word1 pp4 #aaf-aah4--,the efficacy of oaths and the methods of charging them with supernatural energy1 pp4 #aah-abb4--,oaths containing appeals to supernatural beings1 pp4 #abj-abb4--;,by being frequently appealed to in oaths a god may come to be looked upon as a guardian of veracity and good faith1 p4 #abc4--,the influence of oath-taking upon veracity1 p4 #abc sq4--,the influence of education upon the regard for truth1 p4 #abd4--,the influence ix of habit upon the regard for truth1 p4 #abe4--,natural to speak the truth1 p4 #abe sq4--,intercourse with strangers destructive to savage veracity1 pp4 #abf-abi4--,social incoherence apt to lead to deceitful habits1 p4 #abi4--,social differentiation a cause of deception1 p4 #abi sq4--,oppression an inducement to falsehood1 p4 #acj sq4--,the duty of informing other persons of the truth1 p4 #aca4--,the regard for knowledge1 pp4 #aca-acf4 ,,chapter ,,xxxii ,,the ,,respect ,,for ,,other ,,men',s ,,honour ,,and ,,self-,,regarding ,,pride--,,politeness ,definition of honour1 p4 #acg4--,the feeling of self-regarding pride in animals1 p4 #acg sq4--,in savages1 pp4 #ach-adj4--,the moral disapproval of insults1 pp4 #adj-adb4--,the condemnation of an insult influenced by the status of1 or the relations between1 the parties concerned1 p4 #adb sq4--,pride disapproved of and humility praised as a virtue or enjoined as a duty1 p4 #add sq4--,humility an object of censure1 p4 #ade sq4--,deviation from what is usual arouses a suspicion of arrogance1 p4 #adf4 --,politeness a duty rather than a virtue1 ibid4--,many savages conspicuous for their civility1 p4 #adf sq4--,politeness a characteristic of all the great nations of the ,east1 p4 #adg sq4--,the courtesies of ,chivalry1 p4 #adh4--,the demands of politeness refer to all sorts of social intercourse and vary indefinitely in detail1 p4 #adh sq4--,salutations1 pp4 #adi-aea4 --,the rule of politeness most exacting in relation to superiors1 p4 #aea sq4--,politeness shown by men to women1 p4 #aeb4 --,politeness shown to strangers1 ibid4 ,,chapter ,,xxxiii ,,regard ,,for ,,other ,,persons' ,,happiness ,,in ,,general--,,gratitude--,,patriotism ,,and ,,cosmopolitanism ,the regard for other persons' happiness in general1 p4 #aec sq4--,the moral ideas concerning conduct which affects other persons' welfare influenced by the relationship between the parties1 pp4 #aed-aff4--,the feeling of gratitude said to be lacking in many uncivilised races1 pp4 #aee-aeg4--;,criticism of statements to this effect1 pp4 #aeg-afa4--,savages described as grateful for benefits bestowed on them1 pp4 #afa-afe4--;,gratitude represented as an object of praise or its absence as an object of disapproval1 p4 #afe sq4--,why ungratefulness is disapproved of1 p4 #aff4--,the patriotic sentiment defined1 p4 #afg4--,though hardly to be found among the lower savages1 it seems to be far from unknown among uncultured peoples of a higher type1 p4 #afg sq4--,many of the elements out of which patriotism proper has grown clearly distinguishable among savages1 even the lowest1 pp4 #afh-agb4--,national conceit1 pp4 #agj-agd4--,the relation between the national feeling and the religious feeling1 p4 #agd sq4--,the patriotism of ancient ,greece and ,rome1 p4 #age sq4--,the moral valuation of patriotism1 p4 #agf4--;,duties to mankind at large1 pp4 #agf-agi4--,the ideal of patriotism rejected by ,greek and ,roman philosophers1 p4 #agg sq4--,by ,christianity1 p4 #agh sq4--,the lack of patriotism and national feeling during the ,middle ,ages1 pp4 #agi-aha4--,the development of the national feeling in ,england1 p4 #aha sq4--,in ,france1 p4 #ahb4--,the cosmopolitanism of the eighteenth century1 p4 #ahb sq4--,european patriotism after the ,french revolution1 p4 #ahc sq4--,the theory cf nationalism1 p4 #ahd4--,the cosmopolitan spirit1 p4 #ahd sq4 x ,,chapter ,,xxxiv ,,the ,,origin ,,and ,,development ,,of ,,the ,,altruistic ,,sentiment ,maternal affection1 pp4 #ahf-ahi4--,prof4 ,espinas's theory1 p4 #ahf sq4--,prof4 ,bain's theory1 p4 #ahg sq4--,mr4 ,spencer's theory1 p4 #ahh4--;,distinction between maternal love and the mere love of the helpless1 p4 #ahh sq4--,the paternal instinct1 p4 #ahi sq4--,conjugal attachment1 pp4 #aij-aib4--,the duration of conjugal attachment1 p4 #aib sq4--,the duration of parental affection1 p4 #aic4--;,filial affection1 p4 #aid4--,man originally1 as it seems1 not a gregarious animal1 p4 #aie sq4--,how he became gregarious1 p4 #aif sq4--,the gregarious instinct1 p4 #aig4 --,social affection1 p4 #aig sq4--,the evolution of social aggregates influenced by economic conditions1 pp4 #aih-bja4--,the social aggregates of savages who know neither cattle-rearing nor agriculture1 pp4 #aih-bjj4--,of pastoral peoples1 p4 #bja4--,of peoples subsisting on agriculture1 ibid4--,social units based on marriage or a common descent1 p4 #bja sq4--,the social force in kinship1 pp4 #bjb-bjd4--,mr4 ,hartland's theory1 pp4 #bjd-bjf4--,the blood-covenant1 pp4 #bjf-bji4--,the social influence of a common cult among savages1 pp4 #bji-bac4--,the four generations of the ,chinese1 p4 #bac4--,traces of a clan organisation in ,china1 p4 #bac sq4--,the joint family among so-called ,aryan peoples1 pp4 #bad-baf4--,village communities1 clans1 phratries1 and tribes among these peoples1 pp4 #baf-bbj4--,the prevalence of the paternal system of descent among the peoples of archaic culture1 p4 #bbj4--;,associations of tribes among uncivilised races1 p4 #bbj sq4--,civilisation only thrives in states1 p4 #bba sq4--,the origin of states p4 #bbb4--,the influence of the ,state upon the smaller units of which it is composed1 p4 #bbb sq4--,the ,state and the notion of a common descent1 pp4 #bbc-bbe4--,the archaic ,state not only a political but a religious community1 p4 #bbe sq4--,the national importance of a common religion1 p4 #bbf4--,the influence of social development upon the altruistic sentiment1 p4 #bbf sq4--,the altruistic sentiment has not necessarily reference only to individuals belonging to the same social unit1 p4 #bbg sq4--,the expansion of altruism in mankind1 p4 #bbh4 ,,chapter ,,xxxv ,,suicide ,suicide and civilisation1 p4 #bbi4--,suicide said to be unknown among several uncivilised races1 p4 #bbi sq4--,the prevalence of suicide among savages and barbarians1 pp4 #bcj-bcb4--,the causes of suicide among savages1 pp #bcb-bce4--,the moral valuation of suicide among savages1 pp4 #bce-bda4--,the fate of self-murderers after death1 pp4 #bce-bci4--,the treatment of the bodies of suicides among uncivilised races1 pp4 #bch-bdj4--,the opinions as to suicide in ,china1 pp4 #bda-bdc4--;,in ,japan1 p4 #bdc sq4--,among the ,hindus1 pp4 #bdd-bdf4--;,among ,buddhists1 p4 #bdf4--;,among the ,hebrews1 p4 #bdf sq4--,among ,muhammedans1 p4 #bdg4--;,in ancient ,greece1 pp4 #bdg-bdi4--;,among classical philosophers1 pp4 #bdh-bej4--;,in ancient ,rome1 p4 #bej sq4--,among the ,christians1 pp4 #bea-bed4--,why suicide was condemned by the ,church1 pp4 #beb-bed4--,the secular legislation influenced by the doctrine of the ,church1 p4 #bed4--,the treatment of suicides' bodies in ,europe1 pp4 #bed-beg4--,more humane feelings towards suicides in the ,middle ,ages1 p4 #beg sq4--,attacks upon the views of the ,church and upon the laws of the ,state concerning suicide1 pp4 #beh-bfj4--,modern philosophers' arguments against suicide1 xi p4 #bfj sq4--,the legislation on the subject changed1 p4 #bfa4--;,explanation of the moral ideas concerning suicide1 pp4 #bfa-bfc4--;,criticism of ,prof4 ,durkheim's opinion as to the moral valuation of suicide in the future1 p4 #bfc sq4 ,,chapter ,,xxxvi ,,self-,,regarding ,,duties ,,and ,,virtues--,,industry--,,rest ,general statements referring to the nature and origin of self-regarding duties and virtues1 pp4 #bfe-bfh4--,man naturally inclined to idleness1 pp4 #bfh-bga4--;,among savages either necessity or compulsion almost the sole inducement to industry1 ibid4--,savages who enjoin work as a duty or regard industry as a virtue1 p4 #bga sq4--,industrial activity looked down upon as disreputable for a free man1 p4 #bgb sq4--,contempt for trade1 p4 #bgd4 ,progress in civilisation implies an increase of industry and leads to condemnation of idleness1 ibid4--,idleness prohibited by law in ancient ,peru p4 #bgd sq4--,industry enjoined in ancient ,persia1 p4 #bge sq4--,in ancient ,egypt1 p4 #bgf4--;,in ancient ,greece1 p4 #bgf sq4--,greek views on agriculture1 p4 #bgg4--,on trade and handicrafts1 p4 #bgh sq4--,roman views on labour1 p4 #bgi sq4--,the ,christian doctrine on the subject1 pp4 #bhj-bhb4 --,not applicable to laymen1 p4 #bhb4--,modern views on labour1 p4 #bhb sq4--,rest regarded as a duty1 p4 #bhc4--,work suspended after a death1 p4 #bhc sq4--,on certain other occasions1 especially in connection with changes in the moon1 pp4 #bhd-bhf4 --,tabooed days among the peoples of ,semitic stock1 pp4 #bhf-bhh4 --,the ,jewish ,sabbath1 p4 #bhf sq4--,the seventh day among the ,assyrians and ,babylonians1 p4 #bhg sq4--,the ,christian ,sunday1 p4 #bhh sq4 ,,chapter ,,xxxvii ,,restrictions ,,in ,,diet ,the gluttony of savages and their views on it1 p4 #bij sq4--,at higher stages of culture intemperance often subject to censure1 p4 #bia4--,views on pleasures of the table1 p4 #bia sq4--,fasting as a means of having supernatural converse or acquiring supernatural powers1 p4 #bib sq4--,abstinence from food before or in connection with the performance of a magical or religious ceremony1 pp4 #bic-bih4--;,fasting prevents pollution1 pp4 #bid-bif4 --,sacrificial victims should be clean1 and may therefore have to fast1 p4 #bie sq4--,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 share1 pp #bif-bih4--;,fasting after a death1 pp4 #bih-cjh4--,observed only in the daytime1 p4 #bii sq4--,abstinence from certain victuals only1 pp4 #cjj-cjb4--,various attempts to explain the custom of fasting after a death1 p4 #cjb sq4--,mourners fast for fear of being polluted by the food1 pp4 #cjc-cjf4--,or because they1 by eating a piece of food1 might pollute all victuals belonging to the same species1 p4 #cjf sq4--,or because they are supposed to be in a delicate condition imposing upon them restrictions in their diet1 p4 #cjg sq4--,or because grief is accompanied by a loss of appetite1 p4 #cjh4--,the ,lent fast1 p4 #cjh sq4--,fasts connected with astronomical changes1 pp4 #cji-cae4 --,among the ,jews1 pp4 #caj-cab4--;,among the ,harranians and ,manichans1 p4 #cab sq4--,the ,muhammedan xii fast of ,ramad4n1 pp4 #cac-cae4--;,fasting as a form of penance1 pp4 #cae-cah4--;,as a survival of an expiatory sacrifice1 pp4 #caf-cah4 --,fasting and almsgiving1 ibid4--,fasting the beginning of chastity1 p4 #cah4 ,,chapter ,,xxxviii ,,restrictions ,,in ,,diet 7concluded7 ,certain kinds of food forbidden to certain classes of persons1 pp4 #cai-cbd4--,to young persons1 p4 #cai sq4--,to women1 p4 #cbj sq4--,to men1 p4 #cba sq4--,to priests or magicians1 p4 #cbb4 --,restrictions in diet connected with totemism1 p4 #cbc sq4 --,abstinence from animals which excite disgust by their appearance1 p4 #cbd sq4--,from reptiles1 p4 #cbd4--;,from fish1 p4 #cbd sq4--,from fowl1 p4 #cbe4--;,from eggs1 p4 #cbe sq4--,from milk1 ibid4--,from animals which are regarded with disgust on account of their filthy habits or the nasty food on which they live1 pp4 #cbf-cbh4--;,from pork1 ibid4--,from foreign animals1 p4 #cbg4--;,from animals which are supposed to be metamorphosed ancestors or which resemble men1 p4 #cbh sq4--,from animals which excite sympathy1 pp4 #cbi-cca4--;,from beef1 p4 #ccj sq4--,restrictions in diet due to the disinclination to kill certain animals for food or1 generally1 to reduce the supply of a certain kind of victuals1 pp4 #ccj-ccb4--;,abstinence from domestic animals which are regarded as sacred1 p4 #cca sq4--,from food which is believed to injure him who partakes of it1 pp4 #ccb-ccd4--,the sources to which the general avoidance of certain kinds of food may be traced1 p4 #ccd sq4--,the moral disapproval of eating certain kinds of food1 p4 #cce4 ,the moral prohibition sanctioned by religion1 ibid4--,vegetarianism1 pp4 #cce-cch4--;,among many peoples drunkenness so common that it can hardly be looked upon as a vice1 pp4 #cch-cda4--,sobriety or total abstinence from intoxicating liquors insisted upon by ,eastern religions1 p4 #cda sq4--,explanation of the moral ideas concerning drunkenness and the use of alcoholic drink1 pp4 #cdb-cde4--,wine or spirituous liquor inspires mysterious fear1 p4 #cdd sq4--,the ,muhammedan prohibition of wine1 p4 #cde4 ,,chapter ,,xxxix ,,cleanliness ,,and ,,uncleanliness--,,asceticism ,,in ,,general ,man naturally feeling some aversion to filth1 p4 #cdf4--,savages who are praised for their cleanliness1 pp4 #cdf-cdh4--,savages who are clean in certain respects but dirty in others1 p4 #cdh4 --,savages who are described as generally filthy in their habits1 p4 #cdh sq4--,various circumstances which may account for the prevalence of cleanly or dirty habits among a certain people1 pp4 #cdi-cea4--,the moral valuation of cleanliness1 p4 #cea sq4--,cleanliness practised and enjoined from religious or superstitious motives1 pp4 #ceb-ced4--;,in other instances religious or superstitious beliefs have led to uncleanliness1 pp4 #ced-cef4 --,uncleanliness as a form of asceticism1 p4 #cee sq4--,ascetic practices1 p4 #cef sq4--,the idea underlying religious asceticism derived from several different sources1 pp4 #ceg-cfc4--;,certain ascetic practices originally performed for another purpose1 p4 #ceh sq4--,an ascetic practice may be the survival of an earlier sacrifice1 p4 #cei4--;,ascetic practices due to the idea of expiation1 pp4 #cei-cfa4--,self-mortification intended to excite divine compassion1 p4 #cfa4--,suffering voluntarily endured with a view to preventing the commission of sin1 pp4 #cfa-cfc4--,the gratification of earthly desires deemed sinful or disapproved of1 ibid4 xiii ,,chapter ,,xl ,,marriage ,definition of the term marriage1 p4 #cfd4--,the horror of incest well-nigh universal in the human race1 pp4 #cfd-cff4--,the prohibited degrees as a rule more numerous among peoples unaffected by modern civilisation than in more advanced communities1 p4 #cff4--,the violation of the prohibitory rules regarded by savages as a most heinous crime1 p4 #cff sq4--,the horror of incest among nations that have passed beyond savagery and barbarism1 p4 #cfg sq4--,attempt to explain the prohibition of marriage between near kin1 pp4 #cfh-cga4--,refutation of various objections raised against the author's theory1 pp4 #cga-cgh4-- ,incestuous unions stigmatised by religion1 p4 #cge sq4--,endogamous rules of various kinds1 pp4 #cgh-chb4--,marriage by capture1 p4 #chb4 --,marriage by purchase1 pp4 #chb-chd4--,the disappearance of marriage by purchase1 p4 #chd sq4--,the morning gift1 p4 #che4--,the marriage portion1 p4 #che sq4--,the form of marriage influenced by the numerical proportion between the sexes1 p4 #chg sq4--,polyandry1 p4 #chg4--;,group marriage of the ,toda type1 ibid4--,the causes of polygyny1 pp4 #chg-chi4--,of monogamy1 p4 #chi4 ,polygyny less prevalent at the lowest stages of civilisation than at somewhat higher stages1 pp4 #chi-cia4--;,civilisation in its higher forms leads to monogamy1 p4 #cia4--,the moral valuation of the various forms of marriage1 p4 #cib4--,the assumed prevalence of group marriage in ,australia1 pp4 #cib-cif4--,the duration of marriage and the laws of divorce1 pp4 #cif-cih4 ,,chapter ,,xli ,,celibacy ,marriage considered indispensable among savage and barbarous races of men1 p4 #cii4--;,celibacy a great exception and marriage regarded as a duty among peoples of archaic culture1 pp4 #cii-djc4 --,why celibacy is disapproved of1 p4 #djc sq4--,modern views on celibacy1 p4 #djd sq4--,celibacy of persons whose function it is to perform religious or magical rites1 pp4 #dje-dab4--,marriage looked down upon by the ,essenes1 p4 #daj4--;,by the ,christians1 pp4 #daj-dab4--,religious celibacy due to the idea that the priestess is married to the god whom she is serving1 pp4 #dab-dad4--;,goddesses jealous of the chastity of their priests1 p4 #dad4--,religious celibacy connected with the idea that sexual intercourse is defiling1 pp4 #dad-dbj4--;,holiness easily destroyed by pollution1 pp4 #dag-dai4--;,causes of religious celibacy among the ,christians1 p4 #dbj sq4--,religious celibacy enjoined or commended as a means of self-mortification1 p4 #dba4 ,,chapter ,,xlii ,,free ,,love--,,adultery ,uncivilised peoples among whom both sexes enjoy perfect freedom previous to marriage1 pp4 #dbb-dbd4--;,among whom unchastity before marriage is looked upon as a disgrace or a crime for a woman1 p4 #dbd4--,the wantonness of savages in several cases due to foreign influence1 ibid4--,in many tribes the free intercourse which prevails between unmarried people not of a promiscuous nature1 p4 #dbd sq4--,uncivilised peoples among xiv whom the man who seduces a girl is subject to punishment or censure1 pp4 #dbe-dbg4 --,moral opinions as to sexual intercourse between unmarried people among the ,chinese1 p4 #dbg4--;,among the ancient ,hebrews1 p4 #dbg sq4 --,among ,muhammedan peoples1 p4 #dbh4--;,among the ,hindus1 ibid4--,in ,zoroastrianism1 ibid4--,among the ancient ,teutons1 p4 #dbi4--;,in ancient ,greece and ,rome1 pp4 #dbi-dca4--;,in ,christianity1 p4 #dca sq4 --,during the ,middle ,ages1 p4 #dcb sq4--,after the ,reformation1 p4 #dcc4--;,in present ,europe1 p4 #dcc sq4--,explanation of the moral ideas concerning sexual intercourse between unmarried people1 pp4 #dcd-ddc4--,prostitution1 pp4 #dda-ddc4--,religious prostitution1 connected with religious celibacy1 p4 #ddc sq4--,of the ,babylonian type1 pp4 #ddd-ddf4--,moral opinions as to the seduction of a married woman1 pp4 #ddg-dej4--;,as to unfaithfulness in a wife1 p4 #dej sq4 --,as to the remarriages of widows1 ibid4--,as to unfaithfulness in a husband1 pp4 #dea-dee4 ,,chapter ,,xliii ,,homosexual ,,love ,homosexual practices among the lower animals1 p4 #def4--;,among various races of men1 pp4 #def-dfd4--;,between women1 p4 #dfd sq4--,the causes of homosexual practices1 pp4 #dfe-dga4--;,congenital sexual inversion1 p4 #dfe sq4--,absence of the other sex or lack of accessible women1 p4 #dff sq4--,acquired inversion1 pp4 #dfg-dgj4--;,homosexuality in ancient ,greece partly due to the methods of training the youth1 p4 #dfi sq4--,partly due to the great gulf which mentally separated the sexes1 p4 #dgj sq4--,causes of pederasty in ,china and ,morocco1 p4 #dga4--,moral ideas concerning homosexual practices1 pp4 #dga-dhi4--;,among uncivilised peoples1 pp4 #dga-dge4--;,among the ancient ,peruvians1 p4 #dgc sq4--,among the ancient ,mexicans1 ,mayas1 and ,chibchas1 p4 #dgd4--;,among ,muhammedans1 p4 #dge sq4--,among the ,hindus1 p4 #dgf4--;,in ,china1 p4 #dgf sq4--,in ,japan1 p4 #dgg4--;,among the ancient ,scandinavians1 p4 #dgg sq4--,in ancient ,greece1 p4 #dgh sq4--,in ,zoroastrianism1 p4 #dgi sq4--,among the ancient ,hebrews1 p4 #dhj4--;,in early ,christianity1 p4 #dhj sq4--,in ,pagan ,rome1 ibid4--,in ,christian ,rome1 p4 #dha4--;,european legislation regarding homosexual practices during the ,middle ,ages and later1 p4 #dha sq4--,modern legislation on the subject1 p4 #dhb sq4--,moral ideas concerning it in present ,europe1 p4 #dhc4--,why homosexual practices are frequently subject to censure1 p4 #dhc sq4--,criticism of ,dr4 ,havelock ,ellis's suggestion as to the popular attitude towards homosexuality1 pp4 #dhd-dhf4--,the excessive sinfulness attached to homosexual practices by ,zoroastrianism1 ,hebrewism1 and ,christianity1 due to the fact that such practices were intimately associated with unbelief1 idolatry1 or heresy1 pp4 #dhf-dhi4 ,,chapter ,,xliv ,,regard ,,for ,,the ,,lower ,,animals ,animals treated with deference for superstitious reasons1 pp4 #dij-dic4--;,butchers regarded as unclean1 p4 #dic4--,many peoples averse from killing their cattle from economic motives1 p4 #dic sq4--,domestic animals treated kindly by savages out of sympathy1 pp4 #did-dif4--,savages who are said to be lacking in sympathy for the brute creation1 xv p4 #dif4--,moral valuation of men's conduct towards the lower animals among savages1 p4 #dif sq4--,in ,brahmanism1 p4 #dig4--;,in ,buddhism1 pp4 #dig1 #dih1 #ejj4--;,in ,jainism1 p4 #dih sq4--,in ,taouism1 p4 #dii4--;,in ,china1 p4 #dii sq4--,in ,japan1 p4 #ejj4--;,in ,zoroastrianism1 p4 #eja sq4 --,in ,muhammedanism1 p4 #ejb sq4--,in ancient ,greece and ,rome1 pp4 #ejc-eje4--;,in ,hebrewism1 p4 #eje sq4--,in ,christianity1 pp4 #ejf-ejh4--,the views of modern philosophers1 p4 #ejh4--,of legislators1 p4 #ejh sq4--,indifference to animal suffering a characteristic of public opinion in ,european countries up to quite modern times1 p4 #eji sq4--,laws against cruelty to animals1 p4 #eaj4--;,humane feelings towards animals in ,europe1 pp4 #eaj-eab4--,the crusade against vivisection1 pp4 #eab-ead4--;,explanation of the increasing sympathy with animal suffering in ,europe1 p4 #eab sq4--,the influence of human thoughtlessness upon the treatment of the lower animals and upon the moral ideas relating to it1 pp4 #eab-ead4 ,,chapter ,,xlv ,,regard ,,for ,,the ,,dead ,the belief in a future life1 p4 #eae sq4--,notions as regards the disembodied soul1 p4 #eaf4--,the dead considered to have rights very similar to those they had whilst alive1 pp4 #eaf-ebj4--,the soul must not be killed or injured1 p4 #eaf sq4--,its living friends must positively contribute to its comfort and subsistence1 p4 #eag sq4--,the right of ownership does not cease with death1 p4 #eah sq4--,robbery or violation committed at a tomb severely condemned1 ibid4--,respect must be shown for the honour and self-regarding pride of the dead1 p4 #eai4--,the dead demand obedience1 p4 #eai sq4--,the sacredness attached to a will1 p4 #eai4--,the rigidity of ancestral custom1 p4 #eai sq4--,duties to the dead that arise from the fact of death itself1 pp4 #ebj-ebd4--,the funeral1 the rites connected with it1 and the mourning customs1 largely regarded as duties to the dead1 ibid4--,the duties to the dead influenced by the relationship between the parties1 p4 #ebd sq4--,by the age and sex of the departed1 pp4 #ebe-ebg4--;,by class distinctions1 p4 #ebg4--;,by moral distinctions1 p4 #ebg sq4--,the causes from which the duties to the dead have sprung1 pp #ebh-edi4--,these duties partly based on sympathetic resentment1 p4 #ebh4--,the dead regarded as guardians of their descendants1 p4 #ebi sq4--,but the ancestral guardian spirit does not bestow his favours for nothing1 p4 #ecj sq4--,the dead more commonly regarded as enemies than friends1 pp4 #eca-ecd4 --,explanation of the belief in the irritable or malevolent character of the dead1 p4 #ecd sq4--,the fear of death and the fear of the dead1 pp4 #ece-ech4--,the conduct of the survivors influenced by their beliefs regarding the character1 activity1 and polluting influence of the dead1 pp4 #ech-edf4--,the origin of funeral and mourning customs1 pp4 #eda-edg4--,why practices connected with death which originally sprang from self-regarding motives have come to be enjoined as duties1 p4 #edg sq4--,why the duties to the dead are rarely extended to strangers1 p4 #edh sq4--,explanation of the differences in the treatment of the dead which depend upon age1 sex1 social position1 and moral distinctions1 p4 #edi4--,the duties to the departed become less stringent as time goes on1 p4 #edi sq4--,the duties to the dead affected by progress in intellectual culture1 pp4 #eej-eeb4--,the funeral sacrifice continued as a mark of respect or affection1 p4 #eej4--,offerings made to the dead become alms given to the poor1 pp4 #eej-eeb4 xvi ,,chapter ,,xlvi ,,cannibalism ,the prevalence of cannibalism1 p4 #eec4--,various forms of it1 p4 #eed4--;,cannibalism due to scarcity or lack of animal food1 p4 #eee4--,to gourmandise pp4 #eee-eeg4--,to revenge1 pp4 #eeg-eei4 --,the practice of eating criminals1 p4 #eeh sq4--,cannibalism a method of making a dangerous individual harmless after death1 p4 #eei sq4--,due to the idea that the cannibal1 by eating the supposed seat of a certain quality in a person1 incorporates it with his own system1 pp4 #efj-efb4--;,cannibalism in connection with human sacrifice1 p4 #efb sq4--,the eating of man-gods1 p4 #efc sq4--,other instances in which a supernatural or medicinal effect is ascribed to human flesh or blood1 pp4 #efd-eff4--;,cannibalism as a covenant rite1 p4 #eff sq4--,special reasons given for the practice of eating relatives or friends1 pp4 #efg-efi4--,the cannibalism of modern savages represented as the survival of an ancient practice which was once universal in the human race1 p4 #efi sq4--,criticism of this theory pp4 #egj-ehj4--,savages who feel the greatest dislike of cannibalism1 p4 #egj sq4--,cannibals often anxious to deny that they are addicted to this practice1 p4 #egb4--,the rapid extinction of it among certain savages p4 #egb sq4--,even among peoples very notorious for cannibalism there are individuals who abhor it1 p4 #egc4--,the aversion to cannibalism may be due to sympathy for the dead1 p4 #egd4--;,in the first instance it is probably an instinctive feeling akin to those feelings which regulate the diet of the various animal species1 ibid4--,the eating of human flesh regarded with superstitious dread1 pp4 #egd-egf4--,the feeling of reluctance may be overcome by other motives and may be succeeded by a taste for human flesh1 p4 #egg sq4--,early man probably not addicted to cannibalism1 pp4 #egh-ehj4--;,cannibalism much less prevalent among the lowest savages than among races somewhat more advanced in culture1 p4 #egh sq4--,among some savages cannibalism known to be of modern origin or to have spread in recent times1 p4 #egi sq4--,the moral valuation of cannibalism1 p4 #ehj sq4 ,,chapter ,,xlvii ,,the ,,belief ,,in ,,supernatural ,,beings ,distinction between natural and supernatural phenomena1 p4 #ehb sq4--,supernatural mechanical energy1 p4 #ehc sq4--,supernatural qualities attributed to the mental constitution of animate beings1 especially to their will1 p4 #ehd4--,the difference between religion and magic1 ibid4--,the meaning of the word religio1 pp4 #ehd-ehf4--,that mystery is the essential characteristic of supernatural beings is testified by language1 p4 #ehf sq4--,this testimony corroborated by facts referring to the nature of such objects or individuals as are most commonly worshipped1 pp4 #ehg-eic4--,startling events ascribed to the activity of invisible supernatural agents1 p4 #eic sq4--,the origin of animism1 p4 #eid sq4--,a mind presupposes a body1 p4 #eie sq4--,the animist who endows an inanimate object with a soul regards the visible thing itself as its body1 p4 #eif sq4--,the origin of anthropomorphism1 p4 #eig sq4--,the difference between men and gods1 p4 #eii4 --,materiality at last considered a quality not becoming to a god1 pp4 #eii-fja4 xvii ,,chapter ,,xlviii ,,duties ,,to ,,gods ,definition of the term god1 p4 #fjb4--;,gods have the rights to life and bodily integrity1 pp4 #fjb-fjd4--,not necessarily considered immortal1 p4 #fjb sq4--,the killing of totemic animals1 p4 #fjc sq4--,divine animals killed as a religious or magical ceremony1 pp4 #fjd-fjf4--,the killing of man-gods or divine kings1 pp4 #fjf-faj4--,the right to bodily integrity granted to gods occasionally suspended1 p4 #faj4--,supernatural beings believed to be subject to human needs1 p4 #faj sq4--,to require offerings1 p4 #faa sq4--,sacrificial gifts offered to supernatural beings with a view to averting evils1 pp4 #fab-fad4 --,with a view to securing positive benefits1 pp4 #fad-faf4 --,thank-offerings1 p4 #fae sq4--,sacrificial victims intended to serve as substitutes for other individuals1 whose lives are in danger1 pp4 #faf-fah4--,occasionally regarded as messengers1 p4 #fah4--,sacrifices offered for the purpose of transferring curses1 pp4 #fah-fbd4--,the covenant sacrifice1 pp4 #fbb-fbd4--,the sacrificial victim or offered article a vehicle for transferring benign virtue to him who offered it or to other persons1 p4 #fbd sq4--,sacrifice becomes a symbol of humility and reverence1 p4 #fbe sq4--,sacrifice as a duty1 p4 #fbf4--,supernatural beings possess property1 and this must not be interfered with1 p4 #fbf sq4--,sacred objects must not be appropriated for ordinary purposes1 p4 #fbg sq4--,the right of sanctuary1 pp4 #fbh-fch4--;,its prevalence1 pp4 #fbh-fcd4--;,explanation of this right1 pp4 #fcd-fch4 ,,chapter ,,xlix ,,duties ,,to ,,gods 7concluded7 ,supernatural beings sensitive to insults and disrespect1 p4 #fci sq4--,irreverence to gods punished by men1 ibid4--,the names of supernatural beings tabooed1 pp4 #fdj-fdc4--;,explanation of these taboos1 p4 #fdb sq4--,atheism1 p4 #fdc sq4--,unbelief1 pp4 #fdd-fdf4--;,heresy1 p4 #fdf sq4--,polytheism by nature tolerant1 pp4 #fdg-fdi4--,the difference in toleration between monotheistic and polytheistic religions shows itself in their different attitudes towards witchcraft1 pp4 #fdi-feb4--,the highest stage of religion free from intolerance1 p4 #feb sq4--,prayer a tribute to the self-regarding pride of the god to whom it is addressed1 pp4 #fec-fee4--,prayers connected with offerings1 p4 #fee sq4--,magic efficacy ascribed to prayer1 pp4 #fef-fei4--;,gods demand obedience1 p4 #fei4--,the influence of this demand upon the history of morals1 p4 #fei sq4--,explanation of the obligatory character attached to men's conduct towards their gods1 pp4 #ffj-ffb4 ,,chapter ,l ,,gods ,,as ,,guardians ,,of ,,morality ,the supernatural beings of savage belief frequently described as utterly indifferent to all questions of worldly morality1 pp4 #ffc-ffe4--,the gods of many savages mostly intent on doing harm to mankind1 pp4 #ffe-ffg4--;,adoration of supernatural beings which are considered at least occasionally beneficent also very prevalent among uncivilised peoples1 xviii pp4 #ffg-ffi4--,their benevolence1 however1 does not prove that they take an active interest in morality at large1 p4 #ffi4--;,instances in which savage gods are supposed to punish the transgression of rules relating to worldly morality1 pp4 #ffi-fhg4--,savages represented as believing in the existence of a supreme being who is a moral law-giver or judge1 pp4 #fgj-fhg4--,the prevalence of such a belief in ,australia1 pp4 #fgj-fge4--;,in ,polynesia and ,melanesia1 p4 #fge4--;,in the ,malay ,archipelago1 p4 #fge sq4--,in the ,andaman ,islands1 p4 #fgf4--;,among the ,karens of ,burma1 p4 #fgg4--;,in ,india1 p4 #fgg sq4--,among the ,ainu of ,japan1 p4 #fgh4--;,among the ,samoyedes1 ibid4--,among the ,greenlanders1 ibid4--,among the ,north ,american ,indians1 pp4 #fgi-fha4--;,among the ,south ,american ,indians1 p4 #fha sq4--,in ,africa1 pp4 #fhb-fhe4--;,explanation of this belief1 pp4 #fhe-fhg4--,the supreme beings of savages invoked in curses or oaths1 p4 #fhf sq4--,the oath and ordeal do not involve a belief in the gods as vindicators of truth and justice1 pp4 #fhg-fij4--,the ordeal essentially a magical ceremony1 ibid4--,ordeals which have a different origin1 p4 #fij4--,the belief in a moral retribution after death among savages1 pp4 #fij-fie4--,the sources to which it may be traced1 pp4 #fia-fie4 --,the influence of religion upon the moral consciousness of savages1 p4 #fie sq4 ,,chapter ,,li ,,gods ,,as ,,guardians ,,of ,,morality 7continued7 ,the attitude of religion towards matters of worldly morality in ancient ,mexico1 p4 #fig sq4--,in ancient ,peru1 p4 #fih4--;,in ancient ,egypt1 pp4 #fih-gja4--;,in ancient ,chaldea1 pp4 #gja-gjd4--;,in ,zoroastrianism1 pp4 #gjd-gjf4--;,among the ,vedic people1 pp4 #gjf-gji4--;,in post-,vedic times in ,india1 pp4 #gji-gaa4--;,in ,buddhism1 p4 #gaa sq4--,in ,china1 p4 #gab sq4--,in ancient ,greece1 pp4 #gac-gaf4--;,in ancient ,rome1 p4 #gaf sq4--,among the ,hebrews1 p4 #gag sq4--,christian doctrines of salvation and the future life1 pp4 #gah-gbe4--,the attitude of ,muhammedanism towards matters of worldly morality and its doctrine of the future life1 pp4 #gbe-gbg4 ,,chapter ,,lii ,,gods ,,as ,,guardians ,,of ,,morality 7concluded7 ,explanation of the malevolence of savage gods1 p4 #gbh sq4--,of the growing tendency to attribute more amiable qualities to the gods1 pp4 #gbi-gca4--,men selecting their gods1 p4 #gbi sq4--,the good qualities of gods magnified by their worshippers1 p4 #gcj sq4--,how various departments of social morality have come to be placed under the supervision of gods1 p4 #gca sq4--,how the guardianship of gods has been extended to the whole sphere of justice1 p4 #gcb4--;,how gods have become guardians of morality at large1 p4 #gcc sq4--,the influence of the religious sanction of morality1 p4 #gcd sq4--,religious devotion frequently accompanied by great laxity of morals1 pp4 #gce-gcg4--;,greater importance attached to ceremonies or the niceties of belief than to good behaviour towards fellow men1 p4 #gcf sq4--,the religious sanction of moral rules often leads to an external observance of these rules from purely selfish motives1 p4 #gcg4--,the moral influence of ,christianity1 ibid4 xix ,,chapter ,,liii ,,conclusion ,recapitulation of the theory of the moral consciousness set forth in vol4 ,i41 pp4 #gch-gda4--,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 passed1 p4 #gda4--;,as also by the circumstance that the very acts1 forbearances1 and omissions which are condemned as wrong are also apt to call forth anger and revenge1 and that the acts and forbearances which are praised as morally good are apt to call forth gratitude1 p4 #gda sq4--,the variations of the moral ideas partly due to different external conditions1 p4 #gdb4--;,but chiefly to psychical causes1 pp4 #gdb-gdf4--,the duties to neighbours have gradually become more expansive owing to the expansion of the altruistic sentiment1 p4 #gdc sq4--,the influence of reflection upon moral judgments has been increasing1 p4 #gdd sq4--,the influence of sentimental antipathies and likings has been decreasing1 ibid4--,the influence which the belief in supernatural forces or beings or in a future state has exercised upon the moral ideas of mankind1 p4 #gde sq4--,remarks as to the future development of the moral ideas1 p4 #gdf4 ,,additional ,,notes 4 4 4 pp4 #gdg-ged ,,authorities ,,quoted 4 4 pp4 #gee-hce ,,subject ,,index 4 4 4 4 pp4 #hcg-hfe ,,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 thing4 ,the owner is not necessarily allowed to do with his property whatever he likes2 but whether absolute or limited1 his right to disposal is not shared by anybody else1 save under very exceptional circumstances1 as in the case of compulsion by necessity4#a ,property in a thing thus means not only that the owner of it is allowed1 at least within certain limits1 to use or deal with it at his discretion1 but also that other persons are forbidden to prevent him from using or dealing with it in any manner he is entitled to4 ,footnote #a3 ,supra1 i4 #bhe sqq4 ,the most common offence against property is illicit appropriation of other persons' belongings4 ,not the mere fact that individuals are in actual possession of certain objects1 but the public disapproval of acts by which they are deprived of such possession1 shows that they have proprietary rights over those objects4 ,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 us4 #b ,travellers often accuse savages of thievishness4#b ,but then their judgments are commonly based upon the treatment to which they have been subject themselves1 and from this no conclusions must be drawn as regards intra-tribal morality4 ,nor can races who have had much to do with foreigners be taken as fair representatives of savage honesty1 as such contact has proved the origin of thievish propensities4#c ,in the majority of cases uncivilised peoples seem to respect proprietary rights within their own communities1 and not infrequently even in their dealings #c with strangers4 ,many of them are expressly said to condemn or abhor theft1 at any rate when committed among themselves4 ,and that all of them disapprove of it may be inferred from the universal custom of subjecting a detected thief to punishment or revenge1 or1 at the very least1 of compelling him to restore the stolen property to its owner4 ,footnote #b3 ,beni1 ',notizie sopra gli indigeni di ,mexico1' in ,archivio per l'antropologia e la etnologia1 xii4 #ae 7,apaches74 ,burton1 ,city of the ,saints1 p4 #abe 7,dacotahs and ,prairie ,indians74 ,powers1 ,tribes of ,california1 p4 #abg 7,yuki74 ,macfie1 ,vancouver ,island and ,british ,columbia1 p4 #dfh4 ,heriot1 ,travels through the ,canadas1 p4 #bb 7,newfoundland ,eskimo74 ,coxe1 ,russian ,discoveries between ,asia and ,america1 p4 #cjj 7,kinaighi74 ,georgi1 ,russia1 iv4 #bb 7,kalmucks71 #acc 7,buriats74 ,scott ,robertson1 ,kfirs of the ,hindu-,kush1 p4 #aic sq4 ,modigliani1 ,viaggio a ,nas1 p4 #dfh4 ,powell1 ,wanderings in a ,wild ,country1 p4 #bc 7,south ,sea ,islanders74 ,romilly1 ,from my ,verandah in ,new ,guinea1 p4 #ej2 ,comrie1 ',anthropological ,notes on ,new ,guinea1' in ,jour4 ,anthr4 ,inst4 vi4 #aji sq4 de ,labillardire1 ,voyage in ,search of ,la ,prouse1 i4 #bge2 ,moseley1 ,notes by a ,naturalist on the ,challenger1 p4 #cia 7,admiralty ,islanders74 ,brenchley1 ,jottings during the ,cruise of ,h4,m4,s4 ,curaoa1 p4 #eh 7natives of ,tutuila74 ,lisiansky1 ,voyage round the ,world1 p4 #hh sq4 7,nukahivans74 ,williams1 ,missionary ,enterprises in the ,south ,sea ,islands1 p4 #abf 7natives of ,rarotonga74 ,cooke1 ,journal of a ,voyage round the ,world1 p4 #dj2 ,montgomery1 ,journal of ,voyages and ,travels by ,tyerman and ,bennet1 ii4 #aa 7,society ,islanders74 ,barrington1 ,history of ,new ,south ,wales1 p4 #bb2 ,breton1 ,excursions in ,new ,south ,wales1 p4 #bba2 ,collins1 ,account of the ,english ,colony in ,new ,south ,wales1 i4 #eii sq42 ,hodgson1 ,reminiscences of ,australia1 p4 #gi2 ,mitchell1 ,expeditions into the ,interior of ,eastern ,australia1 i4 #bfd1 #cjd2 ,lumholtz1 ,among ,cannibals1 p4 #ga sq4 7,australian tribes74 ,reade1 ,savage ,africa1 p4 #egi 7,west ,african ,negroes74 ,bosman1 ,description of the ,coast of ,guinea1 p4 #cbd sq4 7,negroes of ,fida and the ,gold ,coast74 ,cailli1 ,travels through ,central ,africa1 i4 #cec 7,mandingoes74 ,beltrame1 ,il ,fiume ,bianco1 p4 #hc 7,shilluk74 ,wilson and ,felkin1 ,uganda and the ,egyptian ,soudan1 ii4 #caj 7,gowane people of ,kordofan74 ,krapf1 ,travels1 ,researches and ,missionary ,labours in ,eastern ,africa1 p4 #cee 7,wakamba74 ,burton1 ,zanzibar1 ii4 #ib 7,wanika74 ,bonfanti1 ',l'incivilimento dei negri nell' ,africa intertropicale1' in ,archivio per l'antropologia e la etnologia1 xv4 #acc 7,bantu races74 ,arbousset and ,daumas1 ,exploratory ,tour to the ,north-,east of the ,colony of the ,cape of ,good ,hope1 p4 #cbc 7,bechuanas74 ,andersson1 ,lake ,ngami1 pp4 #dfh sq4 7,bechuanas71 #dii 7,bayeye74 ,leslie1 ,among the ,zulus and ,amatongas1 p4 #bef4 ,fritsch1 ,die ,eingeborenen ,sd-,afrika's1 pp4 #ec 7,kafirs71 #cgb1 #dai 7,hottentots and ,bushmans74 ,footnote #c3 ,domenech1 ,great ,deserts of ,north ,america1 ii4 #cba4 ,mackenzie1 ,voyages to the ,frozen and ,pacific ,oceans1 p4 xcvi4 note 7,crees74 ,burton1 ,highlands of the ,brazil1 i4 #djc sq4 ,moorcroft and ,trebeck1 ,travels in the ,himalayan ,provinces1 i4 #cba 7,ladakhis74 ,anderson1 ,mandalay to ,momien1 p4 #aea 7,kakhyens74 ,earl1 ,papuans1 p4 #hj4 ,tyler1 ,forty ,years among the ,zulus1 p4 #aib4 ,the ,fuegians have shown themselves enterprising thieves on board ,european vessels visiting their shores2#d but1 when presents were given to them1 a traveller noticed that if any present was designed for one canoe1 and it fell near another1 it was invariably given to the right owner4#e ,the boys are taught by their fathers not to steal2#f and in case a theft has been committed1 quand le coupable est dcouvert et chati1 l'opinion publique est satisfaite4#g ,in his dealings with the ,tehuelches ,lieutenant ,musters was always treated with fairness1 and the greatest care was taken of his belongings1 though they were borrowed at times4 ,he gives the following advice to the traveller3--,never show distrust of the ,indians2 be as free with your goods and chattels as they are to each other4 4 4 4 ,as you treat them so they will treat you4#h ,among the ,abipones doors1 locks1 and other things with which civilised men protect their possessions from thieves1 were as unnecessary as they were unknown2 and if children pilfered melons grown in the gardens of the missionaries or chickens reared in their houses1 they falsely imagined that these things were free to all1 or might be taken not much against the will of the owner4#i ,among the ,brazilian ,indians theft and robbery were extremely rare1 and are so still in places where strangers have not settled4#aj ,we are told that the greatest insult which could be offered to an ,indian was to accuse him of stealing1 and that the wild women preferred the epithet of a prostitute to that of a #d thief4#aa ,when detected a thief was not only obliged to restore the property he had stolen1 but was punished with stripes and wounds1 the chief often acting as executioner4#ab ,among the ,indians of ,british ,guiana theft and pilfering rarely occur2 if they happen to take anything1 they do it before one's eyes1 under the notion of having some claim to it1 which1 when called to an account1 they are always prepared to substantiate4#ac ,if anything is stolen from his house during his absence1 the ,guiana ,indian thinks that the missing article has been carried off by people of some other race than his own4#ad ,formerly1 when the ,caribs lost anything1 they used to say1 ,the ,christians have been here4#ae ,in ,hayti the punishment of a thief was to be eaten4#af ,footnote #d3 ,weddell1 ,voyage towards the ,south ,pole1 pp4 #aea1 #aed1 #ahb4 ,king and ,fitzroy1 ,voyages of the ,adventure and ,beagle1 i4 #abh2 ii4 #ahh4 ,footnote #e3 ,darwin1 ,journal of ,researches1 p4 #bdb4 ,see also ,snow1 ',wild ,tribes of ,tierra del ,fuego1' in ,jour4 ,ethn4 ,soc4 ,london1 ,n4,s4 i4 #bfd4 ,footnote #f3 ,bridges1 in ,a ,voice for ,south ,america1 xiii4 #bjd4 ,footnote #g3 ,hyades and ,deniker1 ,mission scientifique du ,cap ,horn1 vii4 #bdc4 ,footnote #h3 ,musters1 ,at ,home with the ,patagonians1 pp4 #aie1 #aig sq4 ,footnote #i3 ,dobrizhoffer1 ,account of the ,abipones1 ii4 #adh sq4 ,footnote #aj3 von ,martius1 ,beitrge zur ,ethnographie ,amerika's1 i4 #he1 #hg sq4 ,idem1 in ,jour4 ,roy4 ,geo4 ,soc4 ii4 #aif4 von ,spix and von ,martius1 ,travels in ,brazil1 ii4 #bdb4 ,southey1 ,history of ,brazil1 i4 #bdg4 von den ,steinen1 ,unter den ,naturvlkern ,zentral-,brasiliens1 p4 #ccb4 ,burton1 ,highlands of the ,brazil1 i4 #djc sq4 ,footnote #aa3 ,burton1 ,highlands of the ,brazil1 i4 #djd4 ,footnote #ab3 von ,martius1 ,beitrge1 i4 #hh4 ,idem1 in ,jour4 ,roy4 ,geo4 ,soc4 ii4 #aif4 ,footnote #ac3 ,bernau1 ,missionary ,labours in ,british ,guiana1 p4 #ea4 ,footnote #ad3 ,brett1 ,indian ,tribes of ,guiana1 p4 #cdh4 ,footnote #ae3 ,kames1 ,sketches of the ,history of ,man1 iv4 #acc sq4 ,footnote #af3 von ,martius1 ,beitrge1 i4 #hh1 n499 ,it is known that many ,north ,american tribes had a very high standard of honesty among themselves4 ,domenech wrote3--,the ,indians who do not come in contact with the ,palefaces never appropriate what belongs to others2 they have no law against theft1 as it is a crime unknown among them4 ,they never close their doors4#ag ,according to ,colonel ,dodge1 theft was the sole unpardonable crime amongst them2 a man found guilty of stealing even the most trifling article from a member of his own band was whipped almost to death1 deprived of his property1 and together with his wives and children driven away from the band to starve or live as best he could4#ah ,among the ,rocky ,mountains ,indians visited by ,harmon theft was frequently punished with death4#ai ,among the ,omahas1 when the suspected thief did not confess his offence1 some of his property was taken from him until he told the truth4 ,when he restored what he had stolen1 one-half of his own property was returned to him1 and the rest was given to the man from whom he had stolen4 ,sometimes all of the policemen whipped the thief4 ,but when the thief fled from the tribe1 and remained away for a year or two1 the offence was not remembered4#bj ,among the ,wyandots the punishment for theft is twofold restitution4#ba ,the ,iroquois looked down upon #e theft with the greatest disdain1 although the lash of public indignation was the only penalty attached to it4#bb ,the ,potawatomis considered it one of the most atrocious crimes4#bc ,among the ,chippewas ,keating found a few individuals who were addicted to thieving1 but these were held in disrepute4#bd ,richardson praises the ,chippewyans for their honesty1 no precautions for the safety of his and his companions property being required during their stay among them4#be ,mackenzie was struck by the remarkable honesty of the ,beaver ,indians2 in the whole tribe there were only two women and a man who had been known to have swerved from that virtue1 and they were considered as objects of disregard and reprobation4#bf ,among the ,ahts larceny of a fellow-tribesman's property is rarely heard of1 and the aggravation of taking it from the house or person is almost unknown2 nay1 anything left under an ,indian's charge1 in reliance on his good faith1 is perfectly safe4#bg ,the ,thlinkets generally respect the property of their fellow-tribesmen2 but although they admit that theft is wrong they do not regard it as a very serious offence1 which disgraces the perpetrator1 and if a thief is caught he is only required to return the stolen article or to pay its value4#bh ,among the ,aleuts theft was not only a crime but a disgrace2 for the first offence of this kind corporal punishment was inflicted1 for the fourth the penalty was death4#bi ,according to ,egede1 the ,greenlanders had as great an abhorrence of stealing among themselves as any nation upon earth2#cj according to ,cranz1 they considered such an act excessively disgraceful4#ca ,similar views still prevail among them1 as also among other ,eskimo tribes4#cb ,a ,greenlander never touches driftwood which another #f has placed above high-water mark1 though it would often be easy to appropriate it without fear of detection4#cc ,parry states that1 during his stay at ,igloolik and ,winter ,island1 a great many instances occurred in which the ,eskimo scrupulously returned articles that did not belong to them1 even though detection of a theft1 or at least of the offender1 would have been next to impossible4#cd ,footnote #ag3 ,domenech1 op4 cit4 ii4 #cbj4 ,footnote #ah3 ,dodge1 ,our ,wild ,indians1 pp4 #fd1 #gi4 ,cf4 ,charlevoix1 ,journal of a ,voyage to ,north ,america1 ii4 #bf1 #bh 7,hurons74 ,footnote #ai3 ,harmon1 ,voyages and ,travels in the ,interior of ,north ,america1 p4 #cdh4 ,footnote #bj3 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #cfg4 ,footnote #ba3 ,powell1 ',wyandot ,government1' in ,ann4 ,rep4 ,bur4 ,ethn4 i4 #ff4 ,footnote #bb3 ,colden1 in ,schoolcraft1 ,indian ,tribes of the ,united ,states1 iii4 #aia4 ,morgan1 ,league of the ,iroquois1 p4 #ccc sq4 ,loskiel1 ,history of the ,mission of the ,united ,brethren among the ,indians1 i4 #af4 ,footnote #bc3 ,keating1 ,expedition to the ,source of ,st4 ,peter's ,river1 i4 #abg4 ,footnote #bd3 ,ibid4 ii4 #afh4 ,footnote #be3 ,richardson1 ,arctic ,searching ,expedition1 ii4 #ai sq4 ,footnote #bf3 ,mackenzie1 ,voyages to the ,frozen and ,pacific ,oceans1 p4 #adh4 ,footnote #bg3 ,sproat1 ,scenes and ,studies of ,savage ,life1 p4 #aei4 ,footnote #bh3 ,krause1 ,die ,tlinkit-,indianer1 p4 #afg4 ,holmberg1 ',ethnographische ,skizzen ber die ,vlker des russischen ,amerika1' in ,acta ,soc4 ,scient4 ,fennic1 iv4 #cbb4 ,petroff1 ,report on ,alaska1 p4 #agj4 ,dall1 ,alaska1 p4 #daf4 ,footnote #bi3 ,veniaminof1 quoted by ,petroff1 op4 cit4 pp4 #aee1 #aeb4 ,footnote #cj3 ,egede1 ,description of ,greenland1 p4 #abd4 ,see also ,dalager1 ,grnlandske ,relationer1 p4 #fi4 ,footnote #ca3 ,cranz1 ,history of ,greenland1 #afj4 ,footnote #cb3 ,nansen1 ,first ,crossing of ,greenland1 ii4 #cce4 ,idem1 ,eskimo ,life1 p4 #aeh4 ,rink1 ,danish ,greenland1 p4 #bbd4 ,hall1 ,arctic ,researches1 pp4 #efg1 #ega4 ,richardson1 ,arctic ,searching ,expedition1 i4 #ceb4 ,parry1 ,second ,voyage for the ,discovery of a ,north-,west ,passage1 p4 #ebb2 ,lyon1 ,private ,journal1 p4 #cdg 7,eskimo of ,igloolik74 ,seemann1 ,voyage of ,herald1 ii4 #fe 7,western ,eskimo74 ,nelson1 ',eskimo about ,bering ,strait1' in ,ann4 ,rep4 ,bur4 ,ethn4 xviii4 #bic4 ,among the ,point ,barrow ,eskimo1 however1 men who were said to be thieves did not appear to lose any social consideration 7,murdoch1 ',ethnological ,results of the ,point ,barrow ,expedition1' in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #da74 ,footnote #cc3 ,nansen1 ,eskimo ,life1 p4 #afb4 ,footnote #cd3 ,parry1 op4 cit4 p4 #eba4 ,among the ,chukchi it is held criminal to thieve in the family and race to which a person belongs2#ce and incorrigible thieves are sometimes banished from the village4#cf ,in ,kamchatka1 if anybody was found to be a thief he was beaten by the person from whom he had stolen1 without being allowed to make resistance1 and no one would ever after be friends with him4#cg ,the three principal precepts of the ,ainu are to honour old age1 not to steal1 not to lie2#ch theft is also uncommon among them1 and is severely punished4#ci ,among the ,kirghiz whoever commits a robbery on any of the nation must make restitution to nine times the value4#dj ,among the ,tunguses a thief is punished by a certain number of strokes2 he is besidesobliged to restore the things stolen1 and remains covered with ignominy all the rest of his life4#da ,the ,jakuts1#db ,ostyaks1#dc ,mordvins#dd ,samoyedes1#de and ,lapps1#df are praised for their honesty1 at least among their own people2 and so are the ,butias1#dg ,kukis1#dh ,santals1#di the hill people in the ,central ,provinces of ,india1#ej and the ,chittagong ,hill tribes4#ea ,the ,kurubars of the ,dekhan are of such known honesty1 that on all occasions they are entrusted with the custody of produce by the farmers1 who know that they would rather starve than take one grain of what was given them in #g charge4#eb ,honest as a ,pahari1 is a proverbial expression4 ,in fact1 among these mountaineers theft is almost unknown1 and the men carry treasures1 which to them would be priceless1 for days and days1 along wild mountain tracks1 whence at any moment they might diverge1 and never be traced4 ,even money is safely entrusted to them1 and is invariably delivered into the right hands4#ec ,harkness says of the ,tods3--,i never saw a people1 civilised or uncivilised1 who seemed to have a more religious respect for the rights of meum et tuum4 ,this feeling is taught to their children from the tenderest age4#ed ,among the ,chukmas theft is unknown4#ee ,among the ,karens habitual thieves are sold into slavery4#ef ,among the ,shans theft of valuable property is punishable with death1 though it may be expiated by a money payment2 but in cases of culprits who cannot pay1 or whose relatives cannot pay1 death is looked upon as a fitting punishment even for petty thefts4#eg ,at ,zimm1 if a theft is proved1 three times the value of the article is decreed to the owner2 and if not paid1 the offender1 after suffering imprisonment in irons1 is made over with his family1 to be dealt with as in cases of debt4#eh ,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 ,rs4 #cj4ei ,among the ,kandhs1 on the other hand1 the restitution of the property abstracted or the substitution of an equivalent is alone required by ancient usage2 but this leniency extends to the first offence only1 a repetition of it being followed by expulsion from the community4#fj ,the ,andaman ,islanders call theft a yubda1 or sin4#fa ,among those ,veddahs who live in their natural state1 theft and robbery are not known at all4#fb ,they think it perfectly inconceivable that any person should ever take that which does not belong to him1#fc and death only would1 in their opinion1 be the punishment for such an offence4#fd ,footnote #ce3 ,georgi1 op4 cit4 iii4 #ahc4 ,footnote #cf3 ,dall1 op4 cit4 p4 #chb4 ,footnote #cg3 ,steller1 ,beschreibung von ,kamtschatka1 p4 #cef4 ,see also supra1 i4 #caa sq4 ,footnote #ch3 von ,siebold1 ,die ,aino auf der ,insel ,yesso1 p4 #be4 ,footnote #ci3 ,ibid4 pp4 #aa1 #cd sq4 ,see also supra1 i4 #cab4 ,footnote #dj3 ,georgi1 op4 cit4 ii4 #bfb4 ,footnote #da3 ,ibid4 iii4 #hc sq4 ,cf4 ibid4 iii4 #gh4 ,footnote #db3 ,ibid4 ii4 #cig4 ,sauer1 ,expedition to the ,northern ,parts of ,russia1 p4 #abb4 ,footnote #dc3 ,castrn1 ,nordiska resor och forskningar1 i4 #cai4 ,footnote #dd3 ,georgi1 op4 cit4 i4 #aac4 ,footnote #de3 ,ibid4 iii4 #ac4 von ,struve1 in ,das ,ausland1 #ahhj1 p4 #gif4 ,footnote #df3 ,jessen1 ,afhandling om de ,norske ,finners og ,lappers ,hedenske ,religion1 p4 #gb4 ,castrn1 op4 cit4 i4 #aah sq4 ,footnote #dg3 ,fraser1 ,tour through the ,himala ,mountains1 p4 #cce4 ,footnote #dh3 ,lewin1 ,wild ,races of ,south-,eastern ,india1 p4 #bef4 ,cf4 ,butler1 ,travels in ,assam1 p4 #id4 ,footnote #di3 ,man1 ,sonthalia1 p4 #bj4 ,footnote #ej3 ,hislop1 ,papers relating to the ,aboriginal ,tribes of the ,central ,provinces1 p4 #a4 ,footnote #ea3 ,lewin1 ,wild ,races of ,south-,eastern ,india1 p4 #cda4 ,footnote #eb3 ,buchanan1 quoted by ,elliot1 ',characteristics of the ,population of ,central and ,southern ,india1' in ,jour4 ,ethn4 ,soc4 ,london1 ,n4,s4 i4 #aje4 ,footnote #ec3 ,cumming1 ,in the ,himalayas1 p4 #cef4 ,footnote #ed3 ,harkness1 ,description of a ,singular ,aboriginal ,race inhabiting the ,neilgherry ,hills1 p4 #ag sq4 ,footnote #ee3 ,lewin1 ,wild ,races of ,south-,eastern ,india1 p4 #ahh4 ,footnote #ef3 ,mason1 ',dwellings1 c41 of the ,karens1' in ,jour4 ,asiatic ,soc4 ,bengal1 xxxvii4 pt4 ii4 p4 #adf sq4 ,smeaton1 ,loyal ,karens of ,burma1 p4 #hf4 ,footnote #eg3 ,woodthorpe1 in ,jour4 ,anthr4 ,inst4 xxvi4 #ba4 ,footnote #eh3 ,colquhoun1 ,amongst the ,shans1 p4 #aca4 ,footnote #ei3 ,st4 ,john1 in ,jour4 ,anthr4 ,inst4 ii4 #bda4 ,footnote #fj3 ,macpherson1 ,memorials of ,service in ,india1 p4 #hb4 ,footnote #fa3 ,man1 in ,jour4 ,anthr4 ,inst4 xii4 #aab4 ,footnote #fb3 ,sarasin1 ,ergebnisse naturwissenschaftlicher ,forschungen auf ,ceylon1 iii4 #edh4 ,deschamps1 ,carnet d'un voyageur1 p4 #che4 ,nevill1 ',vaeddas of ,ceylon1' in ,taprobanian1 i4 #aib4 ,footnote #fc3 ,hartshorne1 ',weddas1' in ,indian ,antiquary1 viii4 #cbj4 ,footnote #fd3 ,sarasin1 op4 cit4 iii4 #edi4 #h ,in the ,malay ,archipelago native custom punishes theft with a fine1 most frequently equivalent to twice the value of the stolen article1#fe or with slavery1#ff mutilation1#fg or even death2#fh and in many islands it was lawful to kill a thief caught in the act4#fi ,among the ,malays of ,perak1#gj ,dyaks1#ga ,kyans1#gb ,bataks1#gc and the natives of ,ambon and ,uliase1#gd theft is said to be unknown or almost so1 at least within their own communities4 ,footnote #fe3 ,wilken1 ',het strafrecht bij de volken van het maleische ras1' in ,bijdragen tot de taal- land- en volkenkunde van ,nederlandsch-,indi1 #ahhc1 ,land- en volkenkunde1 p4 #aji sq4 ,crawfurd1 ,history of the ,indian ,archipelago1 iii4 #aag4 ,marsden1 ,history of ,sumatra1 pp4 #bba 7,rejangs71 #chi 7,bataks74 von ,brenner1 ,besuch bei den ,kannibalen ,sumatras1 p4 #bac 7,bataks74 ,junghuhn1 ,die ,battalnder auf ,sumatra1 ii4 #ade 7,bataks71 #cjh 7natives of ,passumah in ,central ,sumatra71 #cag 7,timorese71 #cci 7natives of ,bali and ,lombok74 ,modigliani1 op4 cit4 p4 #dif2 von ,rosenberg1 ,der malayische ,archipel1 p4 #aff 7,niase74 ,worcester1 ,philippine ,islands1 p4 #ajh 7,tagbanuas of ,palawan74 ,footnote #ff3 ,wilken1 loc4 cit4 p4 #ajh sq4 ,junghuhn1 op4 cit4 ii4 #ade sq4 7,bataks74 ,raffles1 ,history of ,java1 ii4 p4 ccxxxv4 7people of ,bali74 ,forbes1 ,a ,naturalist's ,wanderings in the ,eastern ,archipelago1 p4 #cbj 7people of ,timor-laut74 von ,rosenberg1 op4 cit4 p4 #aff 7,niase74 ,footnote #fg3 ,st4 ,john1 ,life in the ,forests of the ,far ,east1 ii4 #big 7natives of the kingdom of ,borneo1 formerly74 ,low1 ,sarawak1 p4 #acc4 ,marsden1 op4 cit4 p4 #djd 7,achinese of ,sumatra74 ,hickson1 ,a ,naturalist in ,north ,celebes1 p4 #aih 7,sangirese74 ,crawfurd1 op4 cit4 iii4 #ajg1 #aae4 ,crawfurd thinks 7ibid4 iii4 #ajg7 that the punishment of mutilation was introduced by ,muhammedanism4 ,footnote #fh3 ,crawfurd1 op4 cit4 iii4 #aae 7,javanese7 ,kkenthal1 ,ergebnisse einer zoologischen ,forschungsreise in den ,molukken und ,borneo1 i4 #ahh 7,alfura of ,halmahera74 ,marsden1 op4 cit4 p4 #dga 7,poggi ,islanders74 ,among the ,bataks 7von ,brenner1 op4 cit4 p4 #bab7 and ,achinese of ,sumatra 7,marsden1 op4 cit4 p4 #djd7 robbery is punished with death4 ,footnote #fi3 ,wilken1 loc4 cit4 p4 #hh sqq4 von ,rosenberg1 op4 cit4 p4 #aff2 ,modigliani1 op4 cit4 p4 #dif 7,niase74 ,footnote #gj3 ,mc,nair1 ,perak and the ,malays1 p4 #bjd4 ,footnote #ga3 ,boyle1 ,adventures among the ,dyaks of ,borneo1 p4 #bce4 ,bock1 ,head-,hunters of ,borneo1 p4 #bji4 ,selenka1 ,sonnige ,welten1 p4 #ai4 ,ling ,roth1 ,natives of ,sarawak1 i4 #ha1 #hb1 #ib4 ,footnote #gb3 ,low1 op4 cit4 p4 #ccf4 ,footnote #gc3 ,marsden1 op4 cit4 p4 #chi4 ,junghuhn1 op4 cit4 ii4 #adh4 ,footnote #gd3 ,martin1 ,reisen in den ,molukken1 p4 #fc4 ,many of the ,south ,sea ,islanders have been described as honest among themselves1 and some of them as honest even towards ,europeans4#ge ,in the opinion of ,captain ,cook the light-coloured ,polynesians have thievish propensities1 but the dark-coloured not4#gf ,in the ,tonga ,islands theft was considered #i an act of meanness rather than a crime1#gg whereas in many other islands it was regarded as a very grave offence4#gh ,sometimes the delinquent was subject to private retaliation1#gi sometimes to a fine1#hj or blows1#ha or the loss of a finger1#hb or the penalty of death4#hc ,footnote #ge3 ,earl1 ,papuans1 pp4 #di1 #hj1 #aje4 ,seemann1 ,viti1 p4 #df sq42 ,anderson1 ,travel in ,fiji1 p4 #acj4 ,hale1 ,u4,s4 ,exploring ,expedition4 ,vol4 ,,vi4 ,ethnography and ,philology1 p4 #gc 7,micronesians74 ,melville1 ,typee1 pp4 #bid 7,marquesas ,islanders71 #bie n4 #a 7various ,polynesians74 ,williams1 ,missionary ,enterprises in the ,south ,sea ,islands1 p4 #ecj 7,samoans74 von ,kotzebue1 ,voyage of ,discovery into the ,south ,sea1 iii4 #afd 7people of ,radack71 #bee 7,sandwich ,islanders74 ,lisiansky1 op4 cit4 p4 #abe 7,sandwich ,islanders74 ,dieffenbach1 ,travels in ,new ,zealand1 ii4 #aje2 ,meade1 ,ride through the disturbed ,districts of ,new ,zealand1 p4 #afb sq42 ,thomson1 ,story of ,new ,zealand1 i4 #hf2 ,colenso1 ,maori ,races1 p4 #dc4 ,bonwick1 ,daily ,life and ,origin of the ,tasmanians1 p4 #i4 ,footnote #gf3 ,seemann1 ,viti1 p4 #dg4 ,footnote #gg3 ,mariner1 ,natives of the ,tonga ,islands1 ii4 #afb4 ,in ,ponap 7,christian1 ,caroline ,islands1 p4 #gb7 and among the ,maoris 7,meade1 op4 cit4 p4 #afb7 thieves are said to be despised4 ,footnote #gh3 ,earl1 op4 cit4 p4 #hj 7,papuans of ,dorey74 ,ellis1 ,tour through ,hawaii1 p4 #dbi2 c4 ,footnote #gi3 ,turner1 ,samoa1 pp4 #bgh 7natives of ,humphrey's ,island71 #cdc 7,new ,caledonians74 ,lisiansky1 op4 cit4 p4 #hj sq4 7,nukahivans74 ,williams1 ,missionary ,enterprises1 p4 #abg 7natives of ,rarotonga74 ,ellis1 ,polynesian ,researches1 iv4 #dbj 7,sandwich ,islanders74 ,footnote #hj3 ,earl1 op4 cit4 p4 #hc 7,papuans of ,dorey74 ,sorge1 in ,steinmetz1 ,rechtsverhltnisse von eingeborenen ,vlkern in ,afrika und ,ozeanien1 p4 #dba 7,nissan ,islanders of the ,bismarck ,archipelago74 ,williams and ,calvert1 ,fiji1 p4 #bb4 ,turner1 ,samoa1 p4 #bha 7natives of the ,mitchell ,group74 ,footnote #ha3 ,cook1 ,journal of a ,voyage round the ,world1 p4 #db 7,tahitians74 ,yate1 ,account of ,new ,zealand1 p4 #ajd4 ,footnote #hb3 ,williams and ,calvert1 ,fiji1 p4 #bc4 ,footnote #hc3 ,gill1 ,life in the ,southern ,isles1 p4 #dg4 ,turner1 ,samoa1 pp4 #bij 7natives of ,hudson's ,island71 #bie 7natives of ,arorae71 #big 7natives of ,nikumau of the ,gilbert ,group71 #cjj 7natives of ,francis ,island71 #ccg 7,efatese1 of the ,new ,hebrides74 ,tutuila1 in ,jour4 ,polynesian ,soc4 i4 #bfh 7,line ,islanders74 ,ellis1 ,polynesian ,researches1 iv4 #dba 7,sandwich ,islanders74 ,cook1 ,journal of a ,voyage round the ,world1 p4 #da sq4 7,tahitians74 ,among the natives of ,herbert ,river1 ,northern ,queensland1 there is considerable respect for the right of property1 and they do not steal from one another to any great extent4 4 4 4 ,if they hunt they will not take another person's game1 all the members of the same tribe having apparently full confidence in each other4#hd ,when a theft does occur1 the thief is challenged by his victim to a duel with wooden swords and shields2 and the matter is settled sometimes privately1 the relatives of both parties serving as witnesses1 sometimes publicly at the borboby1 where two hundred to three hundred meet from various tribes to decide all their disputes4 ,the victor in the duel wins in the dispute4#he ,so also among the ,dieyerie tribe1 should any native steal from another1 and the offender be known1 he is challenged to fight by the person he has robbed1 and this settles the matter4#hf ,of the ,bangerang tribe of ,victoria we are told that1 amongst themselves1 they were scrupulously honest2#hg and1 speaking of ,west ,australian natives1 ,mr4 ,chauncy expresses his belief that the members of a tribe never pilfer from each other4#hh ,in their relations to ,europeans1 again1 ,australian blacks have been sometimes accused of thievishness1#hi sometimes praised for their #aj honesty4#ij ,from his own observation ,mr4 ,curr has no doubt that they feel that theft is wrong4#ia ,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 property1 having themselves no separate property in any living animal except their dogs or in any produce of the soil4 ,but only entrust a native with property1 and he will invariably be faithful to the trust4 ,lend him your gun to shoot game1 and he will bring you the result of his day's sport2 send him a long journey with provisions for your shepherd1 and he will certainly deliver them safely4 ,entrust him with a flock of sheep through a rugged country to a distant run1 and he and his wife will take them generally more safely than a white man would4#ib ,footnote #hd3 ,lumholtz1 ,among ,cannibals1 p4 #adg4 ,footnote #he3 ,ibid4 p4 #abf4 ,footnote #hf3 ,gason1 in ,woods1 ,native ,tribes of ,south ,australia1 p4 #bff4 ,footnote #hg3 ,curr1 ,recollections of ,squatting in ,victoria1 p4 #bih4 ,footnote #hh3 ,chauncy1 in ,brough ,smyth1 ,aborigines of ,victoria1 ii4 #bgh4 ,footnote #hi3 ,supra1 ii4 #b1 n4 #a4 ,footnote #ij3 ,howitt1 in ,brought ,smyth1 op4 cit4 ii4 #cjf4 ,fraser1 ,aborigines of ,new ,south ,wales1 p4 #ij4 ,footnote #ia3 ,curr1 ,the ,australian ,race1 i4 #ajj4 ,footnote #ib3 ,chauncy1 in ,brough ,smyth1 op4 cit4 ii4 #bgh4 ,the ,arab1 says ,burckhardt1 robs his enemies1 his friends1 and his neighbours1 provided that they are not actually in his own tent1 where their property is sacred4 ,to rob in the camp1 or among friendly tribes1 is not reckoned creditable to a man2 yet no stain remains upon him for such an action1 which1 in fact1 is of daily occurrence4 ,but the ,arab chiefly prides himself on robbing his enemies4#ic ,this1 however1 seems to hold true only of ,bedouin tribes inhabiting rich pasture plains1 who are much exposed to attacks from others1 whereas in more sheltered territories a person who attempts to steal in the tents of his own tribe1 is for ever dishonoured among his friends4 ,thus among the ,arabs of ,sinai robberies are wholly unknown2 any articles of dress or of furniture may be left upon a rock without the least risk of their being taken away4#id ,according to ,wahby law1 a robber is obliged to return the stolen goods or their value1 but if the offence is not attended with circumstances of violence he escapes without further punishment1 except a fine to the treasury4#ie ,among some ,bedouins of ,h4adhramaut theft from a tribesman is punished with banishment from the tribe4#if ,lady ,anne and ,mr4 ,blunt state that1 with regard to honesty1 the pure ,bedouin stands in marked contrast to his half-bred brethren4 ,whilst the ,kurdish and semi-,kurdish tribes of ,upper ,mesopotamia make it almost a point of honour to steal1 the genuine ,arab accounts theft disgraceful1 although he holds #aa highway robbery to be a right4 ,in the large tribes persons of known dishonesty are not tolerated4#ig ,footnote #ic3 ,burckhardt1 ,notes on the ,bedouins and ,wahbys1 p4 #ij4 ,footnote #id3 ,ibid4 p4 #ahd sq4 ,wallin1 ,frsta resa frn ,cairo till ,arabiska knen1 p4 #fd4 ,footnote #ie3 ,burckhardt1 op4 cit4 p4 #cja4 ,footnote #if3 von ,wrede1 ,reise in ,h4adhramaut1 p4 #ea4 ,footnote #ig3 ,blunt1 ,bedouin ,tribes of the ,euphrates1 ii4 #bjd1 #bbe4 ,in ,africa honesty between members of the same tribe is no uncommon characteristic of the native races1 and some of them have displayed the same quality in their dealings with ,european travellers4#ih ,andersson1 for instance1 tells us that the ,ovambo1 so far as they came under his observation1 were strictly honest and appeared to entertain great horror of theft4 ,without permission1 he says1 the natives would not even touch anything2 and we could leave our camp free from the least apprehension of being plundered4 ,as a proof of their honesty1 ,i may mention1 that1 when we left the ,ovambo country1 the servants forgot some trifles2 and such was the integrity of the people1 that messengers actually came after us a very considerable distance to restore the articles left behind4#ii ,a few ,african peoples are said to look upon petty larceny almost with indifference4#ajj ,among others thieves are only compelled to restore stolen property1 or to return an equivalent for it1#aja but at the same time they are disgraced or laughed at4#ajb ,in ,africa1 as elsewhere1 theft is frequently punished with a fine4#ajc ,thus #ab among the ,bahima1#ajd ,wadshagga1#aje and ,tanala of ,madagascar1#ajf thieves are made to pay twice the value of the stolen goods2 among the ,takue1#ajg ,rendile1#ajh and ,herero1#aji three times their value2 among the ,bechuanas double or fourfold4#aaj ,among the ,taveta1 if a man commits a theft1 he has to refund what he has robbed1 and five times the value of the stolen property can be claimed by the person who has suffered the loss4#aaa ,among the ,kafirs1 in cases of cattle stealing1 the law allows a fine of ten head1 though but one may have been stolen1 provided the animal has been slaughtered1 or cannot be restored4#aab ,among the ,masai1 according to ,herr ,merker1 the fine for stealing cattle is likewise a tenfold one2#aac whilst1 according to another authority1 if a man steals one cow1 or more than one cow1 all his property is given to the man from whom he has stolen4#aad ,among the ,basukuma all thieves1 it seems1 are punished with the confiscation of everything they possess4#aae ,other punishments for theft are imprisonment1#aaf banishment1#aag slavery1#aah flogging1#aai mutilation1#abj and1 especially under aggravating circumstances1 death4#aba #ac ,in some ,african countries a thief caught in the act may be killed with impunity4#abb ,footnote #ih3 ,st4 ,john1 ,village ,life in ,egypt1 ii4 #aih4 ,tristram1 ,the ,great ,sahara1 p4 #aic sq4 7,beni ,mzab74 ,nachtigal1 ,sahara und ,sudan1 i4 #ahh 7inhabitants of ,fezzn74 ,dyveyrier1 ,exploration du ,sahara1 p4 #che 7,touareg72 cf4 ,chavanne1 ,die ,sahara1 p4 #ahh4 ,munzinger1 ,ostafrikanische ,studien1 p4 #eca sq4 7,barea and ,kunma74 ,scaramucci and ,giglioli1 ',notizie sui ,danakil1' in ,archivio per l'antropologia e la etnologia xiv4 #be4 ,baumann1 ,durch ,massailand zur ,nilquelle1 pp4 #afe 7,masai71 #agi 7,wafiomi74 ,thomson1 ,through ,masai ,land1 p4 #fd 7,wakwafi of the ,taveta74 ,baker1 ,ismaila1 p4 #ef2 ,petherick1 ,travels in ,central ,africa1 ii4 #c 7,shilluk74 ,macdonald1 ,africana1 i4 #ahb 7,eastern ,central ,africans74 ,mungo ,park1 ,travels in the ,interior of ,africa1 p4 #bci2 ,cailli1 ,travels through ,central ,africa to ,timbuctoo1 i4 #cec 7,mandingoes74 ,ward1 ,five ,years with the ,congo ,cannibals1 p4 #ic2 ,tuckey1 ,expedition to explore the ,river ,zaire1 p4 #cgd4 ,johnston1 ,uganda ,protectorate1 ii4 #eij 7,wanyoro74 ,kolben1 ,present ,state of the ,cape of ,good ,hope1 i4 #cbf2 ,hahn1 ,the ,supreme ,being of the ,khoi-,khoi1 p4 #cb 7,hottentots72 cf4 ,fritsch1 ,die ,eingeborenen ,sd-,afrika's1 p4 #cjg4 ,tyler1 ,forty ,years among the ,zulus1 p4 #aia sq4 ,footnote #ii3 ,andersson1 ,lake ,ngami1 p4 #aig4 ,cf4 ,idem1 ,notes on ,travel in ,south ,africa1 p4 #bcf4 ,footnote #ajj3 ,monrad1 ,skildring af ,guinea-,kysten1 p4 #f1 n4992 ,reade1 ,savage ,africa1 p4 #ehj 7,west ,african ,negroes74 ,ellis1 ,history of ,madagascar1 i4 #add4 ,footnote #aja3 ,munzinger1 ,ostafrikanische ,studien1 pp4 #chi 7inhabitants of ,sara71 #did 7,barea and ,kunma74 ,arbousset and ,daumas1 op4 cit4 p4 #ff 7,mantetis74 ,cunningham1 ,uganda1 p4 #bic 7,baziba74 ,rautanen1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #cdc 7,ondonga74 ,warner1 in ,maclean1 ,compendium of ,kafir ,laws and ,customs1 pp4 #fe1 #fg4 ,post1 ,afrikanische ,jurisprudenz1 ii4 #hd4 ,footnote #ajb3 ,munzinger1 ,ostafrikanische ,studien1 pp4 #chf 7inhabitants of ,sara71 #eca 7,barea and ,kunma74 ,arbousset and ,daumas1 op4 cit4 p4 #ff 7,mantetis74 ,footnote #ajc3 ,scaramucci and ,giglioli1 in ,archivio per l'antropologia e la etnologia1 xiv4 #ci 7,danakil74 ,nachtigal1 op4 cit4 i4 #ddi 7,ted74 ,bosman1 ,description of the ,coast of ,guinea1 p4 #adb 7,negroes of ,axim1 on the ,gold ,coast74 ,ellis1 ,tshi-speaking ,peoples of the ,gold ,coast1 p4 #cjc4 ,idem1 ,e7we-speaking ,peoples of the ,slave ,coast1 p4 #bbe4 ,emin ,pasha in ,central ,africa1 p4 #hf 7,wanyoro74 ,cunningham1 ,uganda1 p4 #cbb 7,manyema74 ,steinmetz1 ,rechtsverhltnisse1 p4 #eb 7,banaka and ,bapuku74 ,beverley1 ibid4 p4 #bae 7,wagogo74 ,lang1 ibid4 p4 #bei 7,washambala74 ,wandrer1 ibid4 p4 #cbe 7,hottentots74 ,post1 ,afrikanische ,jurisprudenz1 ii4 #he sq4 ,footnote #ajd3 ,cunningham1 ,uganda1 p4 #bj4 ,footnote #aje3 ,volkens1 ,der ,kilimandscharo1 p4 #bej4 ,footnote #ajf3 ,richardson1 ',tanala ,customs1' in ,antananarivo ,annual1 ii4 #ie sq4 ,footnote #ajg3 ,munzinger1 ,ostafrikanische ,studien1 p4 #bjh4 ,footnote #ajh3 ,chanler1 ,through ,jungle and ,desert1 p4 #cag4 ,footnote #aji3 ,franois1 ,nama und ,damara1 p4 #agd4 ,footnote #aaj3 ,holub1 ,seven ,years in ,south ,africa1 i4 #cie4 ,casalis1 ,basutos1 p4 #bbh4 ,footnote #aaa3 ,hollis1 in ,jour4 ,african ,soc4 i4 #abc4 ,footnote #aab3 ,dugmore1 in ,maclean1 ,compendium of ,kafir ,laws and ,customs1 p4 #cf4 ,cf4 ibid4 pp4 #aab1 #adc4 ,footnote #aac3 ,merker1 ,die ,masai1 p4 #bjh4 ,footnote #aad3 ,hinde1 ,the ,last of the ,masai1 p4 #ajg4 ,footnote #aae3 ,cunningham1 ,uganda1 p4 #cjd4 ,footnote #aaf3 ,mademba1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #ij 7inhabitants of the ,sansanding ,states74 ,footnote #aag3 ,chavanne1 ,die ,sahara1 p4 #cae 7,beni ,mzab74 ,footnote #aah3 ,bowdich1 ,mission to ,ashantee1 p4 #beh1 n499 7,fantis74 ,petherick1 op4 cit4 ii4 #c 7,shilluk of the ,white ,nile74 ,post1 ,afrikanische ,jurisprudenz1 ii4 #hg4 ,footnote #aai3 ,reade1 ,savage ,africa1 p4 #bfa 7,west ,equatorial ,africans74 ,ellis1 ,yoruba-speaking ,peoples of the ,slave ,coast1 p4 #aia4 ,volkens1 op4 cit4 p4 #bej 7,wadshagga74 ,velten1 ,sitten und ,gebruche der ,suaheli1 p4 #cfc4 ,campbell1 ,travels in ,south ,africa1 p4 #eai4 ,post1 ,afrikanische ,jurisprudenz1 ii4 #hh4 ,footnote #abj3 de ,abreu1 ,discovery and ,conquest of the ,canary ,islands1 p4 #bg 7aborigines of ,ferro74 ,ellis1 ,yoruba-speaking ,peoples1 p4 #aia4 ,beltrame1 ,il ,fiume ,bianco1 p4 #bhj 7,dinka74 ,casati1 ,ten ,years in ,equatoria1 i4 #afc 7,mambettu and ,wanyoro74 ,wilson and ,felkin1 ,uganda and the ,egyptian ,soudan1 i4 #bja 7,waganda74 ,holub1 op4 cit4 i4 #cie sq4 7,bechuanas74 ,post1 ,afrikanische ,jurisprudenz1 ii4 #hg sq4 ,footnote #aba3 ,ellis1 ,yoruba-speaking ,peoples1 p4 #aia2 ,burton1 ,abeokuta1 i4 #cjd 7,yoruba74 ,ellis1 ,tshi-speaking ,peoples1 p4 #cjc4 ,bosman1 op4 cit4 p4 #adc 7,negroes of ,axim74 ,cunningham1 ,uganda1 pp4 #fi 7,banabuddu71 #ajb 7,bakoki71 #cdf 7,karamojo74 ,franois1 op4 cit4 p4 #age 7,herero74 ,andersson1 ,lake ,ngami1 p4 #aig 7,ovambo74 ,casalis1 op4 cit4 p4 #bbh 7,basutos74 ,shooter1 ,kafirs of ,natal1 p4 #aee4 ,tyler1 op4 cit4 p4 #aib 7,zulus74 ,kolben1 op4 cit4 i4 #aeh 7,hottentots74 ,post1 ,afrikanische ,jurisprudenz1 ii4 #hh sq4 ,footnote #abb3 ,hbbe-,schleiden1 ,ethiopien1 p4 #adc 7,mpongwe74 ,cunningham1 ,uganda1 p4 #ccc 7,lendu74 ,burton1 ,zanzibar1 ii4 #id 7,wanika74 ,macdonald1 ,africana1 i4 #afb1 #ahc 7,eastern ,central ,africans74 ,macdonald1 ',east ,central ,african ,customs1' in ,jour4 ,anthr4 ,inst4 xxii4 #aji4 ,supra1 i4 #bhi4 ,the condemnation of theft1 in one and the same people1 varies in degree according to a variety of circumstances4 ,it is influenced by the value of the goods stolen1 as appears from the different punishments inflicted in cases where the value differs4#abc ,thus1 when the penalty consists of a fine1 its amount is often strictly proportioned to the loss suffered by the owner1 the thief being compelled to pay twice1 or three1 or four1 or five1 or ten times the worth of the appropriated article4#abd ,among the ,aztecs a petty thief became the slave of the person from whom he had stolen1 whilst theft of a large amount was almost invariably punished with death4#abe ,according to the ,koran1 theft is to be punished by cutting off the offender's right hand for the first offence2 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 deenr4#abf ,ancient ,scotch law proportioned the punishment of theft to the value of the goods stolen1 heightening it gradually from a slight corporal to a capital punishment1 if the value #ad amounted to thirty-two pennies ,scots1 which in the reign of ,david ,i4 was the price of two sheep4#abg ,in ,england a distinction was made between grand and petty larceny1 the line between them being drawn at twelve pence1 and grand larceny was capital at least as early as the time of ,edward ,i4#abh ,among various peoples custom or law punishes with particular severity the stealing of objects of a certain kind1 such as cattle1 horses1 agricultural implements1 corn1 precious metals1 or arms4#abi ,the ,negroes of ,axim1 says ,bosman1 will rather put a man to death for stealing a sheep1 than killing a man4#acj ,the ,kalmucks regard horse-stealing as the greatest of all crimes4#aca ,the ancient ,teutons held cattle-lifting and robbery of crops to be particularly disgraceful4#acb ,according to ,roman law1 people who stole an ox or horse from the pastures or from a stable1 or ten sheep1 or four or five swine1 might be punished even with death4#acc ,the natives of ,danger ,island1 in the ,south ,seas1 punished with drowning anyone who was caught stealing food1 the most valuable property they knew of4#acd ,in ,tahiti1 on the other hand1 those who stole clothes or arms were commonly put to death1 whereas those who stole provisions were bastinadoed4#ace ,among other peoples the appropriation of a small quantity of food belonging to somebody else is not punished at all4#acf ,the ,masai do not punish a person for stealing milk or meat4#acg ,among the ,bakoki it was not a crime to steal bananas4#ach ,in ancient ,mexico every poor traveller was permitted to #ae take of the maize1 or the fruit-bearing trees1 which were planted by the side of the highway1 as much as was sufficient to satisfy immediate hunger4#aci ,among the ,hebrews a person was allowed to go into his neighbour's vineyard and eat grapes at his own pleasure1 or to pluck ears in his field1 but the visitor was forbidden to put any grapes in his vessel or to move a sickle into the standing corn4#adj ,it is said in the ,laws of ,manu that a twice-born man1 who is travelling and whose provisions are exhausted1 shall not be fined1 if he takes two stalks of sugar-cane or two esculent roots from the field of another man4#ada ,according to ancient ,swedish laws1 a passer-by could take a handful of peas1 beans1 turnips1 and so forth1 from another person's field1 and a traveller could give to his fatigued horse some hay from any barn he found in the wood4#adb ,however1 whilst the punishment of theft is commonly1 to some extent1 influenced by the worth or nature of the appropriated property1 there are peoples who punish thieves with the same severity whether they have stolen little or much4 ,among the ,north ,american ,indians described by ,colonel ,dodge the value of the article stolen is not considered4 ,the crime is the theft4#adc ,among the ,yleou1 a ,manchurian tribe mentioned by ancient ,chinese chroniclers1 theft of any kind was punished with death4#add ,the ,beni ,mzab in the ,sahara sentence a thief to two years banishment and the payment of fifty francs1 independently of the value of the thing he has stolen4#ade ,footnote #abc3 ,steinmetz1 ,rechtsverhltnisse1 p4 #eb 7,banaka and ,bapuku74 ,nicole1 ibid4 p4 #acc 7,diakit-,sarracolese74 ,beverley1 ibid4 p4 #bae 7,wagogo74 ,bosman1 op4 cit4 p4 #adb 7,negroes of ,axim74 ,hinde1 op4 cit4 p4 #ajg 7,masai74 ,post1 ,afrikanische ,jurisprudenz1 ii4 #ia4 ,idem1 ,grundriss der ethnologischen ,jurisprudenz1 ii4 #dbj4 ,ta ,tsing ,leu ,lee1 sec4 cclxix4 sqq4 p4 #bhd sqq4 7,chinese74 ,keil1 ,manual of ,biblical ,archology1 ii4 #cff4 ,laws of ,manu1 viii4 #cbj sqq4 ,wilda1 ,das ,strafrecht der ,germanen1 p4 #hgj sqq42 ,nordstrm1 ,bidrag till den svenska samhlls-frfattningens historia1 ii4 #bif sqq42 ,stemann1 ,den danske ,retshistorie indtil ,christian ,v4's ,lov1 pp4 #fba1 #fgg sq42 ,brunner1 ,deutsche ,rechtsgeschichte1 ii4 #fci sqq4 7ancient ,teutons74 ,du ,boys1 ,histoire du droit criminel de l',espagne1 p4 #gba4 ,footnote #abd3 ,supra1 ii4 #d1 #f-h1 #ab4 ,footnote #abe3 ,bancroft1 ,native ,races of the ,pacific ,states1 ii4 #def4 ,footnote #abf3 ,koran1 v4 #db4 ,lane1 ,manners and ,customs of the ,modern ,egyptians1 p4 #abj sq4 ,idem1 ,arabian ,society in the ,middle ,ages1 p4 #bj4 ,sachau1 ,muhammedanisches ,recht1 pp4 #haj1 #haa1 #hbe sqq4 ,footnote #abg3 ,erskine1 ,principles of the ,law of ,scotland1 p4 #efh4 ,innes1 ,scotland in the ,middle ,ages1 p4 #aij4 ,mackintosh1 ,history of ,civilisation in ,scotland1 #bca4 ,footnote #abh3 ,pollock and ,maitland1 ,history of ,english ,law before the ,time of ,edward ,i4 ii4 #die sq4 ,brunner1 ,deutsche ,rechtsgeschichte1 ii4 #fdj4 ,stephen1 ,history of the ,criminal ,law of ,england1 iii4 #abi4 ,footnote #abi3 ,post1 ,grundriss der ethnologischen ,jurisprudenz1 ii4 #dba sqq4 ,footnote #acj3 ,bosman1 op4 cit4 p4 #adc4 ,footnote #aca3 ,bergmann1 ,nomadische ,streifereien unter den ,kalmken1 ii4 #big4 ,footnote #acb3 ,grimm1 ,deutsche ,rechtsalterthmer1 p4 #fcf sq4 ,wilda1 op4 cit4 p4 #hge sq4 ,nordstrm1 op4 cit4 ii4 #cjg4 ,brunner1 ,deutsche ,rechtsgeschichte1 ii4 #fde sq4 ,footnote #acc3 ,digesta1 xlvii4 #ad4 #a4 pr41 #a1 #c2 xlvii4 #ad4 #c4 ,footnote #acd3 ,gill1 ,life in the ,southern ,isles1 p4 #dg4 ,footnote #ace3 ,cook1 ,journal of a ,voyage round the ,world1 p4 #da sq4 ,footnote #acf3 ,supra1 i4 #bhf sq4 ,post1 ,grundriss der ethnol4 ,jurisprudenz1 ii4 #dbf4 ,ellis1 ,history of ,madagascar1 i4 #che4 ,footnote #acg3 ,hollis1 ,masai1 p4 #caj4 ,footnote #ach3 ,cunningham1 ,uganda1 p4 #ajb sq4 ,footnote #aci3 ,clavigero1 ,history of ,mexico1 i4 #ceh4 ,footnote #adj3 ,deuteronomy1 xxiii4 #bd sq4 ,footnote #ada3 ,laws of ,manu1 viii4 #cda4 ,cf4 ibid4 viii4 #cci4 ,footnote #adb3 ,nordstrm1 op4 cit4 ii4 #big4 ,footnote #adc3 ,dodge1 op4 cit4 p4 #fd4 ,footnote #add3 ,castrn1 op4 cit4 iv4 #bg4 ,footnote #ade3 ,chavanne1 ,die ,sahara1 p4 #cae4 ,the degree of criminality attached to theft also depends on the place where it is committed4 ,to steal from a house1 especially after breaking the door1 is frequently regarded as an aggravated form of theft4#adf ,according to ,muhammedan #af law1 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 access2 hence a man who steals in the house of a near relative is not subject to this punishment1 nor a slave who robs the house of his master4#adg ,among some peoples a theft committed by night is punished more heavily than one committed by day4#adh ,footnote #adf3 ,post1 ,grundriss der ethnol4 ,jurisprudenz1 ii4 #dbc sq4 von ,rosenberg1 ,der malayische ,archipel1 p4 #aff 7,niase74 ,riedel1 ,de sluik- en kroesharige rassen tusschen ,selebes en ,papua1 p4 #ajc 7,serangese74 ,lang1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #bei4 7,washambala74 ,wilda1 op4 cit4 p4 #hgh sq42 ,brunner1 ,deutsche ,rechtsgeschichte1 ii4 #fdf 7ancient ,teutonic law74 ,digesta1 xlvii4 #aa4 #g2 xlvii4 #ah4 #b4 ,footnote #adg3 ,lane1 ,modern ,egyptians1 p4 #aba4 ,cf4 ,burckhardt1 ,bedouins and ,wahbys1 p4 #cja4 ,footnote #adh3 ,wilken1 loc4 cit4 p4 #aji 7people of ,bali74 ,digesta1 xlvii4 #ag4 #a4 ,lex ,saxonum1 #cb1 #cd2 ,wilda1 op4 cit4 p4 #hgg2 ,grimm1 ,deutsche ,rechtsalterthmer1 p4 #fcg2 ,brunner1 ,deutsche ,rechtsgeschichte1 ii4 #fdf 7ancient ,teutonic law74 ,a distinction is further made between ordinary theft and robbery4 ,the robber is treated sometimes more severely1#adi sometimes more leniently than the thief1 and is not infrequently regarded with admiration4 ,among the ,wanyamwezi thieves are despised1 but robbers are honoured1 especially by the women1 on account of their courage4#aej ,in ,uganda robbery is not thought shameful1 although it is rigorously punished4#aea ,in ,sindh no disgrace is attached to larceny when the perpetrators are armed4#aeb ,among the ,ossetes1 where open robbery has been committed outside a village1 the court merely requires the stolen article or an equivalent to be restored2 but in cases of secret theft1 five times the value must be paid4 ,robbery and theft within the boundaries of a village are rated much higher4 ,a proverb says1 ',what a man finds on the high-road is ,god's gift'2 and in fact highway robbery is hardly regarded as a crime4#aec ,the ,kazak ,kirghiz go so far as to consider it almost dishonourable for a man never to have taken part in a baranta1 or cattle-lifting exploit4#aed ,according to #ag ,bedouin notions1 there is a clear distinction between taking and stealing4 ,to steal is to abstract clandestinely1 whereas to take1 in the sense of depriving another of his property1 generally implies to take from him openly1 by right of superior force4#aee ,the ,arabian robber1 says ,burckhardt1 considers his profession honourable1 and the term harmy 7robber7 is one of the most flattering titles that could be conferred on a youthful hero4#aef ,in ancient ,teutonic law theft and robbery were kept apart2 the one was the secret1 the other the open crime4 ,in most law-books robbery was subject to a milder punishment than theft1 and was undoubtedly regarded as far less dishonourable4 ,indeed1 however illegal the mode of acquiring property may have been1 publicity was looked upon as a palliation of the offence1 if not as a species of justification1 even though the injured party was a fellow-countryman4#aeg ,this difference between theft and robbery seems still to have been felt in the thirteenth century1 when ,bracton had to argue that the robber is a thief4#aeh ,but in later times robbery was regarded by the law of ,england as an aggravated kind of theft4#aei ,footnote #adi3 ,ta ,tsing ,leu ,lee1 sec4 cclxviii4 p4 #bhc 7,chinese law74 ,digesta1 xlviii4 #ai4 #bh4 #aj4 ,erskine1 ,principles of the ,law of ,scotland1 p4 #eff4 ,post1 ,grundriss der ethnologischen ,jurisprudenz1 ii4 #dee sq4 ,footnote #aej3 ,reichardt1 quoted by ,steinmetz1 ,rechtsverhltnisse1 p4 #bha4 ,footnote #aea3 ,ashe1 ,two ,kings of ,uganda1 p4 #bid4 ,footnote #aeb3 ,burton1 ,sindh1 p4 #aie4 ,footnote #aec3 von ,haxthausen1 ,transcaucasia1 p4 #daa4 ,cf4 ,kovalewsky1 ,coutume contemporaine1 p4 #cdb4 ,footnote #aed3 ,vmbry1 ,das ,trkenvolk1 p4 #cjf4 ,cf4 ,georgi1 op4 cit4 ii4 #bgj sq4 7,kirghiz74 ,footnote #aee3 ,ayrton1 in ,wallin1 ,notes taken during a ,journey through ,part of ,northern ,arabia1 p4 #bi1 n4 double dagger 7in ,jour4 ,roy4 ,geo4 ,soc4 xx4 #cag1 n4 double dagger74 ,footnote #aef3 ,burckhardt1 ,bedouins and ,wahbys1 p4 #ij4 ,cf4 ,burton1 ,pilgrimage to ,al-,madinah ,meccah1 ii4 #aja2 ,blunt1 op4 cit4 ii4 #bjd sq4 ,footnote #aeg3 ,wilda1 op4 cit4 pp4 #hfj1 #iaa1 #iad4 ,grimm1 ,deutsche ,rechtsalterthmer1 p4 #fcd sq4 ,nordstrm1 op4 cit4 ii4 #cad sq4 ,maurer1 ,bekehrung des ,norwegischen ,stammes1 ii4 #agc sq4 ,brunner1 ,deutsche ,rechtsgeschichte1 ii4 #fdg sq4 ,thrupp1 ,the ,anglo-,saxon ,home1 p4 #bhh4 ,pollock and ,maitland1 op4 cit4 ii4 #dic sq4 ,footnote #aeh3 ,bracton1 ,de ,legibus et ,consuetudinibus ,angli1 fol4 #aej b1 vol4 ii4 #ejh sqq4 ,pollock and ,maitland1 op4 cit4 ii4 #did4 ,footnote #aei3 ,coke1 ,third ,part of the ,institutes of the ,laws of ,england1 p4 #fh4 ,blackstone1 ,commentaries on the ,laws of ,england1 iv4 #beb4 ,stephen1 ,history of the ,criminal ,law of ,england1 iii4 #adi4 ,pollock and ,maitland1 op4 cit4 ii4 #dic4 ,cf4 ,wilda1 op4 cit4 p4 #iad4 ,a line has been drawn between manifest and non-manifest theft4 ,among many peoples thieves who are caught in the act may be killed with impunity1#afj or are punished much more heavily than other thieves1 frequently with death4#afa ,we also hear that the worst part of the offence #ah consists in being detected1 and that a successful thief is admired rather than disapproved of4 ,footnote #afj3 ,supra1 i4 #bic2 ii4 #h1 #ac4 ,brunner1 ,deutsche ,rechtsgeschichte1 ii4 #fdb4 ,post1 ,grundriss der ethnologischen ,jurisprudenz1 ii4 #dda sq4 ,footnote #afa3 ,mommsen1 ,rmisches ,strafrecht1 p4 #gej sq4 ,du ,boys1 ,histoire du droit criminel de l',espagne1 p4 #cgh4 ,brunner1 ,deutsche ,rechtsgeschichte1 ii4 #fdb sq42 ,dareste1 tudes d'histoire du droit1 p4 #bii sq4 ,pollock and ,maitland1 op4 cit4 ii4 #die 7ancient ,teutonic law74 ,post1 ,grundriss der ethnologischen ,jurisprudenz1 ii4 #ddc4 ,it is said of the ,navahos that the time is evidently not long gone by when with them1 as among the ,spartans1 adroit theft was deemed honourable4#afb ,among the ,californian ,yuki thieving is a virtue 4 4 4 1 provided the thief is sly enough not to get caught4#afc ,the ,ahts have a tendency to sympathise with some forms of theft1 in which dexterity is required4#afd ,among the ,thlinkets theft does not seem to be considered a disgrace2 the detected thief is at most ashamed of his want of skill4#afe ,the ,chukchi have but a bad opinion of a young girl who has never acquitted herself cleverly in some theft2 and without such testimony of her dexterity and address she will scarcely find a husband4#aff ,in ,mongolia known thieves are treated as respectable members of society4 ,as long as they manage well and are successful1 little or no odium seems to attach to them2 and it is no uncommon thing to hear them spoken of in terms of high praise4 ,success seems to be regarded as a kind of palliation of their crimes4#afg ,among the ,kukis1 according to early notices1 the accomplishment most esteemed was dexterity in thieving1 whilst the most contemptible person was a thief caught in the act4#afh ,the ,persians say that it is no shame to steal1 only to be found out4#afi ,the same view seems to be held by the ,motu tribe of ,new ,guinea1#agj the natives of ,tana 7,new ,hebrides71#aga the ,maoris1#agb and several ,african peoples4#agc ,in ,fiji success1 without discovery1 is deemed quite enough to make thieving virtuous1 and a participation in the ill-gotten gain honourable4#agd ,among the ,matabele #ai the thief is not despised because he has stolen1 but because he has allowed himself to be caught1 and if his crime remains undetected he is admired by all4#age ,among the aborigines of ,palma1 in the ,canary ,islands1 he was esteemed the cleverest fellow who could steal with such address as not to be discovered4#agf ,footnote #afb3 ,matthews1 ',study of ,ethics among the ,lower ,races1' in ,journal of ,american ,folk-,lore1 xii4 #d4 ,footnote #afc3 ,powers1 ,tribes of ,california1 p4 #acc4 ,footnote #afd3 ,sproat1 op4 cit4 p4 #aeh sq4 ,footnote #afe3 ,krause1 op4 cit4 p4 #afg4 ,footnote #aff3 ,georgi1 op4 cit4 iii4 #ahc4 ,krasheninnikoff1 ,history of ,kamschatka1 p4 #bcb4 ,footnote #afg3 ,gilmour1 ,among the ,mongols1 p4 #bia4 ,footnote #afh3 ,dalton1 ,descriptive ,ethnology of ,bengal1 p4 #de4 ,footnote #afi3 ,polak1 ,persien1 ii4 #ha4 ,footnote #agj3 ,stone1 ,a few ,months in ,new ,guinea1 p4 #ie4 ,footnote #aga3 ,brenchley1 op4 cit4 p4 #bjh4 ,footnote #agb3 ,shortland1 ,traditions and ,superstitions of the ,new ,zealanders1 p4 #bbd4 ,waitz-,gerland1 ,anthropologie der ,naturvlker1 vi4 #bbd4 ,dieffenbach ,travels in ,new ,zealand1 ii4 #aaa4 ,footnote #agc3 ,zller1 ,forschungsreisen in der deutschen ,colonie ,kamerun1 ii4 #fd 7,dualla74 ,wilson and ,felkin1 op4 cit4 i4 #bbd 7,waganda74 ,leslie1 op4 cit4 p4 #bef 7,amatongas74 ,footnote #agd3 ,williams and ,calvert1 op4 cit4 p4 #aaj4 ,footnote #age3 ,decle1 ,three ,years in ,savage ,africa1 p4 #afe4 ,footnote #agf3 de ,abreu1 op4 cit4 p4 #ach4 ,the moral valuation of theft varies according to the social position of the thief and of the person robbed4 ,among the ,marea a nobleman who commits theft is only obliged to restore the appropriated article2 but if a commoner steals from another commoner1 the whole of his property may be confiscated by the latter's master1 and if he steals from a nobleman he becomes the nobleman's serf4#agg ,among the ,kfirs of the ,hindu-,kush the penalty for theft is theoretically a fine of seven or eight times the value of the thing stolen2 but such a punishment in ordinary cases would only be inflicted on a man of inferior mark1 unless it were accompanied by circumstances which aggravated the original offence4#agh ,in ,rome1 according to an old law1 a freeman caught in the act of thieving was scourged and delivered over to the party aggrieved1 whereas a slave in similar circumstances was scourged and then hurled from the ,tarpeian rock2#agi and according to an enactment of ,hadrian1 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 rank1 though ordinary persons might have to suffer death for the same offence4#ahj ,in ancient ,india1 on the other hand1 the punishment increased with the rank of the criminal4 ,according to the ,laws of ,manu1 in a case of theft the guilt of a ,sdra shall be eightfold1 that of a ,vaisya sixteenfold1 that of a ,kshatriya two-and-thirtyfold1 that of a ,brhmana sixty-fourfold1 or quite a hundredfold1 or even twice four-and-sixtyfold2 each of them knowing the nature #bj of the offence4#aha ,in other cases1 again1 the degree of guilt is determined by the station of the person robbed4#ahb ,among the ,gaika tribe of the ,kafirs1 for instance1 the fine by which a theft is punished is fixed according to the rank of the person against whom the offence is committed1 confiscation of property being the general punishment imposed for offences against chiefs4#ahc ,among many other peoples theft or robbery committed on the property of a chief or king is treated with exceptional severity4#ahd ,sometimes difference in religion affects the criminality of the thief4 ,according to modern ,buddhism1 to take that which belongs to a sceptic is an inferior crime1 and the guilt rises in magnitude in proportion to the merit of the individual upon whom the theft is perpetrated4 ,to take that which belongs to the associated priesthood1 or to a supreme ,buddha1 is the highest crime4#ahe ,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 stranger4 ,footnote #agg3 ,munzinger1 ,ostafrikanische ,studien1 p4 #bdc sq4 ,footnote #agh3 ,scott ,robertson1 ,kfirs of the ,hindu-,kush1 p4 #ddj4 ,footnote #agi3 ,mommsen1 ,rmisches ,strafrecht1 p4 #gea4 ,footnote #ahj3 ,digesta1 xlvii4 #ad4 #a4 pr41 #c4 ,footnote #aha3 ,laws of ,manu1 viii4 #ccg sq4 ,footnote #ahb3 ,crawfurd1 op4 cit4 iii4 #aae 7,javanese74 ,desoignies1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #bha 7,msalala74 ,maclean1 ,compendium of ,kafir ,laws and ,customs1 p4 #adc4 ,footnote #ahc3 ,brownlee1 in ,maclean1 op4 cit4 p4 #aab4 ,footnote #ahd3 ,ellis1 ,tour through ,hawaii1 p4 #dbi sq4 ,ellis1 ,e7we-speaking ,peoples of the ,slave ,coast1 p4 #bbe 7,dahomans74 ,decle1 ,three ,years in ,savage ,africa1 p4 #gc4 ,post1 ,afrikanische ,jurisprudenz1 ii4 #ia4 ,laws of thelbirht1 #d1 #i 7,anglo-,saxons74 ,footnote #ahe3 ,hardy1 ,manual of ,budhism1 p4 #dhc4 ,among uncivilised races intra-tribal theft is carefully distinguished from extra-tribal theft4 ,whilst the former is forbidden1 the latter is commonly allowed1 and robbery committed on a stranger is an object of praise4#ahf ,footnote #ahf3 ,cf4 ,tylor1 ',primitive ,society1' in ,contemporary ,review1 xxi4 #gae sq42 ,anthropology1 p4 #dac sq4 ,the ,tehuelches of ,patagonia1 although honest enough as regards each other1 will1 nevertheless1 not scruple to steal from any one not belonging to their party4#ahg ,the ,abipones1 who never took anything from their own countrymen1 used to rob and murder the ,spaniards whilst they thought them their enemies4#ahh ,among the ,mbays the law1 ,thou shalt not steal1 applies only to tribesmen and #ba allies1 not to strangers and enemies4#ahi ,the high standard of honesty which prevailed among the ,north ,american ,indians did not refer to foreigners1 especially white men1 whom they thought it no shame to rob or cheat4#aij ,a theft from an individual of another band1 says ,colonel ,dodge1 is no crime4 ,a theft from one of the same band is the greatest of all crimes4#aia ,among the ,californian ,indians1 for instance1 who are proverbially honest in their own neighbourhood1 a stranger in the gates who seems to be friendless may lose the very blankets off him in the night4#aib ,among the ,ahts thieving is a common vice where the property of other tribes1 or white men1 is concerned4#aic ,of the ,dacotahs we read that1 though the men think it undignified for them to steal even from white people1 they send their wives thus unlawfully to procure what they want4#aid ,of the ,greenlanders the old missionary ,egede writes3--,if they can lay hands upon any thing belonging to us foreigners1 they make no great scruple of conscience about it4 ,but1 as we now have lived some time in the country amongst them1 and are look'd upon as true inhabitants of the land1 they at last have forborne to molest us any more that way4#aie ,another early authority states1 ,if they can purloin or even forcibly seize the property of a foreigner1 it is a feather in their cap2#aif and1 according to ,dr4 ,nansen1 it is still held by the ,greenlanders to be far less objectionable to rob ,europeans than their own fellow-countrymen4#aig ,many travellers have complained of the pilfering tendencies of ,eskimo tribes with whom they have come into contact4#aih ,richardson believes that1 in the opinion of an ,eskimo1 to steal boldly and adroitly from a stranger is an act of heroism4#aii ,of the ,eskimo about ,behring ,strait ,mr4 ,nelson writes3--,stealing from people of the same village or tribe is regarded as wrong4 4 4 4 ,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 community4#bjj ,footnote #ahg3 ,musters1 op4 cit4 p4 #aie4 ,footnote #ahh3 ,dobrizhoffer1 op4 cit4 ii4 #adh4 ,footnote #ahi3 ,tylor1 in ,contemporary ,review1 xxi4 #gaf4 ,footnote #aij3 ,ibid4 p4 #gaf4 ,footnote #aia3 ,dodge1 op4 cit4 p4 #gi4 ,footnote #aib3 ,powers1 ,tribes of ,california1 p4 #daj sq4 ,footnote #aic3 ,sproat1 op4 cit4 p4 #aei4 ,cf4 ,macfie1 ,vancouver ,island and ,british ,columbia1 p4 #dfh4 ,footnote #aid3 ,eastman1 ,dacotah1 p4 xvii4 ,footnote #aie3 ,egede1 op4 cit4 p4 #abd sq4 ,footnote #aif3 ,cranz1 op4 cit4 i4 #age4 ,see also ,dalager1 op4 cit4 p4 #fi4 ,footnote #aig3 ,nansen1 ,first ,crossing of ,greenland1 ii4 #cce sq4 ,cf4 ,idem1 ,eskimo ,life1 p4 #aei sq4 ,footnote #aih3 ,murdoch1 ',ethnological ,results of the ,point ,barrow ,expedition1' in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #da4 ,seemann1 ,voyage of ,herald1 ii4 #fe2 ,armstrong1 ,discovery of the ,north-,west ,passage1 p4 #aif 7,western ,eskimo74 ,footnote #aii3 ,richardson1 ,arctic ,searching ,expedition1 i4 #ceb4 ,footnote #bjj3 ,nelson1 in ,ann4 ,rep4 ,bur4 ,ethn4 xviii4 #bic4 #bb ,the ,chukchi#bja and ,koriaks#bjb consider theft reputable or glorious if committed on a stranger1 though criminal if committed in their own communities4 ,the hill people of the ,central ,provinces of ,india1 whilst observant of the rights of property among themselves1 do not scruple to plunder those to whom they are under no obligation of fidelity4#bjc ,the ,bataks of ,sumatra1 who hardly ever steal among themselves1 are expert at pilfering from strangers when not restrained by the laws of hospitality1 and think it no moral offence to do so4#bjd ,other tribes in the ,malay ,archipelago likewise hold it allowable to plunder the same stranger or traveller who1 when forlorn and destitute1 would find a hospitable reception among them4#bje ,the strict honesty1 says ,mr4 ,melville1 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 foreigners4 ,it would almost seem that1 according to their peculiar code of morals1 the pilfering of a hatchet or a wrought nail from a ,european is looked upon as a praiseworthy action4 ,or rather1 it may be presumed1 that1 bearing in mind the wholesale forays made upon them by their nautical visitors1 they consider the property of the latter as a fair object of reprisal4#bjf ,in ,fiji theft is regarded as no offence at all when practised on a foreigner4#bjg ,the ,savage ,islanders consider theft from a tribesman a vice1 but theft from a member of another tribe a virtue4#bjh ,of the ,sandwich ,islanders1 again1 we are told that they stole from rich strangers on board well loaded ships1 whereas ,europeans settled among them left their doors and shops unlocked without apprehension4#bji ,speaking of the honesty of the ,herbert ,river natives1 ,northern ,queensland1 ,mr4 ,lumholtz adds3--,it is1 of course1 solely among members of the same tribe that there is so great a difference between mine and thine2 strange tribes look upon each other as wild beasts4#baj ,the aborigines of ,west ,australia would not consider the act of pillaging base when practised on another people1 or carried on beyond the limits of their own tribe4#baa ,footnote #bja3 ,georgi1 op4 cit4 iii4 #ahc4 ,footnote #bjb3 ,ibid4 iii4 #agj4 ,krasheninnikoff1 op4 cit4 p4 #bcb4 ,footnote #bjc3 ,hislop1 op4 cit4 p4 #a4 ,footnote #bjd3 ,marsden1 op4 cit4 p4 #chi4 ,footnote #bje3 ,crawfurd1 op4 cit4 i4 #gb4 ,footnote #bjf3 ,melville1 ,typee1 p4 #bie1 n4 #a4 ,see also ,williams1 ,missionary ,enterprises1 p4 #ecj 7,samoans72 ,hale1 op4 cit4 p4 #gc 7,micronesians74 ,footnote #bjg3 ,williams and ,calvert1 op4 cit4 p4 #aaj4 ,footnote #bjh3 ,thomson1 ,savage ,island1 p4 #id4 ,footnote #bji3 von ,kotzebue1 op4 cit4 iii4 #bee4 ,footnote #baj3 ,lumholtz1 ,among ,cannibals1 p4 #adh4 ,footnote #baa3 ,chauncy1 in ,brough ,smyth1 op4 cit4 ii4 #bgh sq4 ,among the ,for tribe of ,central ,africa it is not considered #bc right to rob strangers1 but the chiefs wink at this offence1 and the stranger runs but a poor chance of obtaining justice4#bab ,of the ,mandingoes ,cailli observes that1 while they do not steal from each other1 their probity with respect to others is very equivocal and in particular towards strangers1 who would be very imprudent to shew them any thing that might tempt their cupidity4#bac ,when an ,eastern ,central ,african is plundered by a companion1 he may be heard exclaiming1 ,if you had stolen from a white man1 then ,i could have understood it1 but to steal from a black man----4#bad ,among the ,masai the warriors and old men have a profound contempt for a thief1 but cattle-raiding from neighbouring tribes they do not consider stealing4#bae ,the ,wafiomi#baf and ,shilluk#bag regard theft or robbery committed on a stranger as a praiseworthy action1 though they never or rarely practise it on members of their own people4 ,the ,barea and ,kunma#bah and the inhabitants of ,sara#bai consider it honourable for a man to rob an enemy of his tribe4 ,the ,kabyles of ,djurdjura1 who demand strict mutual honesty from members of the same village1 see nothing wrong in stealing from a stranger4#bbj ,among the ,bedouins travellers passing without proper escort from or introduction to the tribes1 may expect to lose their beasts1 goods1 clothes1 and all they possess4 ,there is no kind of shame attached to such acts of rapine4 4 4 4 ,by desert law1 the act of passing through the desert entails forfeiture of goods to whoever can seize them4#bba ,indeed1 the ,arab is proud of robbing his enemies1 and of bringing away by stealth what he could not have taken by open force4#bbb ,the ,ossetes distinguent 4 4 4 le vol commis au prjudice d'une personne trangre la famille1 et le vol commis au prjudice d'un parent4 ,le premier1 proprement parler1 n'est pas un acte criminel2 le second1 au contraire1 est tenu pour un dlit4#bbc ,footnote #bab3 ,felkin1 ',notes on the ,for ,tribe of ,central ,africa1' in ,proceed4 ,roy4 ,soc4 ,edinburgh1 xiii4 #bcd4 ,footnote #bac3 ,cailli1 op4 cit4 i4 #cec4 ,cf4 ,mungo ,park1 op4 cit4 p4 #bci sq4 ,footnote #bad3 ,macdonald1 ,africana1 i4 #ahb4 ,footnote #bae3 ,hinde1 op4 cit4 p4 #ajd4 ,cf4 ,johnston1 ,kilima-njaro ,expedition1 p4 #dai4 ,footnote #baf3 ,baumann1 ,durch ,massailand1 p4 #agi4 ,footnote #bag3 ,petherick1 ,travels in ,central ,africa1 ii4 #c4 ,beltrame1 ,il ,fiume ,bianco1 p4 #hc4 ,footnote #bah3 ,munzinger1 ,ostafrikanische ,studien1 p4 #eca4 ,footnote #bai3 ,ibid4 p4 #chf4 ,footnote #bbj3 ,kobelt1 ,reiseerinnerungen aus ,algerien und ,tunis1 p4 #bbc4 ,footnote #bba3 ,blunt1 op4 cit4 ii4 #bjd sq4 ,footnote #bbb3 ,burckhardt1 ,bedouins and ,wahbys1 p4 #ij4 ,footnote #bbc3 ,kovalewsky1 ,coutume contemporaine1 p4 #cdc4 ,similar views prevailed among the ancient ,teutons4 ,robberies1 says ,caesar1 which are committed beyond #bd the boundaries of each state bear no infamy1 and they avow that these are committed for the purpose of disciplining their youth and of preventing sloth4#bbd ,the same was the case with the ,highlanders of ,scotland until they were brought into subjection after the rebellion of #agde4bbe ,regarding every ,lowlander as an alien1 and his cattle as fair spoil of war1 says ,major-,general ,stewart1 they considered no law for his protection as binding4 4 4 4 ,yet1 except against the ,lowlanders or a hostile clan1 these freebooters maintained1 in general1 the strictest honesty towards one another1 and inspired confidence in their integrity4 4 4 4 ,in the interior of their own society all property was safe1 without the usual security of bolts1 bars1 and locks4#bbf ,in the ,commentary to the ,irish ,senchus ,mr it is stated that1 whilst an ordinary thief loses his full honour-price at once1 committing theft in another territory deprives a person of only half his honour-price1 until it is committed the third time4#bbg ,throughout the ,middle ,ages all ,europe seems to have tacitly agreed that foreigners were created for the purpose of being robbed4#bbh ,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 manor4#bbi ,in ,england1 till upwards of two centuries after the ,conquest1 foreign merchants were considered only as sojourners coming to a fair or market1 and were obliged to employ their landlords as brokers to buy and sell their commodities2 and one stranger was often arrested for the debt1 or punished for the misdemeanour1 of another4#bcj ,in a later age the old habit of oppression was still so strong that1 when the ,state suddenly wanted a sum of money1 it seemed quite natural that foreigners should be called upon to #be provide a part of it4#bca ,the custom of seizing the goods of persons who had been shipwrecked1 and of confiscating them as the property of the lord on whose manor they were thrown1 seems to have been universal2#bcb and in some ,european countries the laws even permitted the inhabitants of maritime provinces to reduce to servitude people who were shipwrecked on their coast4#bcc ,the sea laws of ,olron1 which probably date from the twelfth century1 tell us that in many places shipwrecked sailors meet with people more inhuman1 barbarous1 and cruel than mad dogs1 who slaughter those unhappy mariners in order to obtain possession of their money1 clothes1 and other property4#bcd ,in the latter part of the ,middle ,ages attempts were incessantly made by sovereigns and councils to abolish this ancient right1 so far as ,christian sailors were concerned1#bce whereas the robbing of shipwrecked infidels was not prohibited4#bcf ,but for a long time these endeavours were far from being successful2#bcg and it was even argued that1 as shipwrecks were punishments sent by ,god1 it was impious to be merciful to the victims4#bch ,footnote #bbd3 ,caesar1 ,de bello ,gallico1 vi4 #bc4 ,footnote #bbe3 ,tylor1 in ,contemporary ,review1 xxi4 #gaf4 ,footnote #bbf3 ,stewart1 ,sketches of the ,character1 c41 of the ,highlanders of ,scotland1 p4 #db sq4 ,footnote #bbg3 ,ancient ,laws of ,ireland1 i4 #eg4 ,footnote #bbh3 ,cf4 ,marshall1 ,international ,vanities1 p4 #bhe4 ,footnote #bbi3 ,beaumanoir1 ,les coutumes du ,beauvoisis1 xlv4 #ai1 vol4 ii4 p4 #bbf4 ,footnote #bcj3 ,chitty1 ,treatise on the ,laws of ,commerce and ,manufactures1 i4 #aca ,cf4 ,cibrario1 ,della economia politica del medio eve1 i4 #aib4 ,footnote #bca3 ,see ,marshall1 ,international ,vanities1 p4 #bia sq4 ,footnote #bcb3 ,du ,cange1 ,glossarium ad scriptores medi et infim ,latinitatis1 iv4 #bb sq4 ,robertson1 ,history of the ,reign of ,charles ,v4 i4 #cie4 ,footnote #bcc3 ,du ,cange1 op4 cit4 iv4 #bc sq4 ,cleffelius1 ,antiquitates ,germanorum potissimum septentrionalium1 x4 #d1 p4 #cfb4 ,dreyer1 ,specimen juris publici ,lubecensis1 p4 cxcii4 ,potgiesser1 ,commentarii juris ,germanici de statu servorum1 i4 i4 #ag1 p4 #ah sq4 ,footnote #bcd3 ,ancient ,sea-,laws of ,oleron1 art4 #cj1 p4 #aa4 ,footnote #bce3 ,du ,cange1 op4 cit4 iv4 #bd sqq4 ,pardessus1 ,collection de lois maritimes1 ii4 p4 cxv4 sqq42 iii4 p4 clxxix4 von ,eicken1 ,geschichte und ,system der mittelalterlichen ,weltanschauung1 p4 #efi sqq4 ,constitutiones ,neapolitan sive ,sicul1 i4 #bh4 ,concilium ,romanum ,,iv4 ,a4,d4 #ajgh 7,labbe-,mansi1 ,sacrorum ,conciliorum collectio1 xx4 #eje sq474 ,footnote #bcf3 ,laurent1 tudes sur l'histoire de l'humanit1 vii4 #cbc1 #dac n4 #c4 von ,eicken1 op4 cit4 p4 #egj4 ,footnote #bcg3 ,pardessus1 op4 cit4 ii4 p4 cxv4 ,laurent1 op4 cit4 vii4 #cad4 ,marshall1 ,international ,vanities1 pp4 #bhg1 #bie4 ,footnote #bch3 von ,eicken1 op4 cit4 p4 #egj sq4 ,the readiness with which wars are waged1 and the destruction of property held legitimate in warfare1 are other instances of the little regard felt for the proprietary rights of foreigners4 ,grotius maintained that such ravage is tolerable as in a short time reduces the enemy to seek peace2#bci and in the practice of his time devastation was #bf constantly used independently of any immediate military advantage accruing from it4#bdj ,in the eighteenth century the alliance of devastation with strategical objects became more close1 but it was still regarded as an independent means of attack by ,wolff1#bda ,vattel1#bdb and others2#bdc and even at the beginning of the nineteenth century instances of devastation of a not necessary kind occasionally occurred4#bdd ,in later days opinion has decisively laid down that the measure of permissible devastation is to be found in the strict necessities of war4#bde ,yet there is an exception to this rule3 during the siege of a fortified town custom still permits the houses of the town itself to be bombarded1 with a view to inducing the commandant to surrender on account of the misery suffered by the inhabitants4#bdf ,under the old customs of war a belligerent possessed a right to seize and appropriate all property belonging to a hostile state or its subjects1 of whatever kind it might be and in any place where acts of war were permissible4#bdg ,subsequently this extreme right has been tempered by usage1 and in a few directions it has disappeared4#bdh ,thus the principle proclaimed1 but not always acted on1 by the ,revolutionary ,government of ,france1 that private property should be respected on a hostile as on a friendly soil1#bdi is favoured by present opinion and usage1#bej and pillage by the soldiers of an invading army is expressly forbidden4#bea ,at the same time there is unfortunately no #bg doubt that in all wars pillage does continue with impunity2#beb and we sometimes hear of a captured town being sacked1 and the houses of the inhabitants being plundered1 on the plea that it was impossible for the general to restrain his soldiers4#bec ,moreover1 private property taken from the enemy on the field of battle1 in the operations of a siege1 or in the storming of a place which refuses to capitulate1 is usually regarded as legitimate spoils of war4#bed ,military contributions and requisitions are levied upon the inhabitants of the hostile territory4#bee ,and whilst the progress of civilisation has slowly tended to soften the extreme severity of the operations of war by land1 it still remains unrelaxed in respect to maritime warfare1 the private property of the enemy taken at sea or afloat in port being indiscriminately liable to capture and confiscation4 ,in justification of this it is said that the object of maritime wars is the destruction of the enemy's commerce and navigation1 and that this object can only be attained by the seizure of private property4#bef ,footnote #bci3 ,grotius1 ,de jure belli et pacis1 iii4 #ab4 #a4 #c4 ,footnote #bdj3 ,hall1 ,treatise on ,international ,law1 p4 #ecc4 ,footnote #bda3 ,wolff1 ,jus ,gentium1 #hbc1 p4 #cjj4 ,footnote #bdb3 ,vattel1 ,le droit des gens1 iii4 #i4 #afg1 vol4 ii4 #gf sq4 ,footnote #bdc3 ,hall1 op4 cit4 p4 #ecc sq4 ,footnote #bdd3 ,ibid4 p4 #ecd sq4 ,footnote #bde3 ,ibid4 p4 #ece4 ,bluntschli1 ,le droit international1 #ffc1 p4 #che4 ,heffter1 ,das europische ,vlkerrecht1 #abe1 p4 #bfb4 ,wheaton1 ,elements of ,international ,law1 p4 #dgc4 ,confrence de ,bruxelles1 art4 #ac1 g4 ,confrence internationale de la paix1 ,la ,haye #ahii1 ',rglement concernant les lois et coutumes de la guerre sur terre1' art4 #bc g1 pt4 i4 #bde4 ,footnote #bdf3 ,hall1 op4 cit4 p4 #ecf sq4 ,footnote #bdg3 ,grotius1 op4 cit4 iii4 #f4 #b4 ,hall1 op4 cit4 pp4 #dag1 #dch4 ,footnote #bdh3 ,hall1 op4 cit4 p4 #dai sqq4 ,footnote #bdi3 ,bernard1 ',growth of ,laws and ,usages of ,war1' in ,oxford ,essays1 #ahef1 p4 #aji4 ,footnote #bej3 ,confrence de ,bruxelles1 art4 #ch4 ,instructions for the ,government of ,armies of the ,united ,states in the ,field1 art4 #cg4 ,confrence de ,la ,haye1 ',rglement concernant la guerre sur terre1' art4 #df1 pt4 i4 #bdh4 ,hall1 op4 cit4 p4 #dda4 ,geffken1 in ,heffter1 op4 cit4 #adj1 p4 #big1 n4 #e4 ,footnote #bea3 ,confrence de ,bruxelles1 art4 #ci4 ,instructions of the ,united ,states1 art4 #dd4 ,confrence de ,la ,haye1 ',rglement concernant la guerre sur terre1' art4 #bh1 #dg1 pt4 i4 #bdf1 #bdh4 ,footnote #beb3 ,maine1 ,international ,law1 p4 #aii4 ,halleck1 ,international ,law1 ii4 #gc1 note4 ,footnote #bec3 ,halleck1 op4 cit4 ii4 #cb4 ,if we may believe ,garcilasso de la ,vega 7,first ,part of the ,royal ,commentaries of the ,yncas1 i4 #aea7 the officers of the ,incas in ancient ,peru were more humane1 never allowing the pillage of a captured town4 ,footnote #bed3 ,halleck1 op4 cit4 ii4 #gc sq4 ,wheaton1 op4 cit4 p4 #dfg4 ,footnote #bee3 ,wheaton1 op4 cit4 p4 #dfg4 ,hall1 op4 cit4 p4 #dbg sqq4 ,confrence de ,la ,haye1 ',rglement concernant la guerre sur terre1' art4 #di1 #eb1 pt4 i4 #bdh4 ,footnote #bef3 ,wheaton1 op4 cit4 p4 #dhc4 ,twiss1 ,law of ,nations1 p4 #ada4 ,heffter1 op4 cit4 #acg1 p4 #bhg4 ,hall1 op4 cit4 p4 #ddc sqq4 ,not only does the respect in which the right of property is held vary according to the status of the owner1 but in many instances certain persons are deemed incapable of possessing such a right4 ,the father's power over his children may imply that the latter1 even when grown-up1 have no property of their own1 the father having a right to the disposal of their earnings4 ,this is the case among some ,african peoples1#beg and the #bh ,kandhs of ,india4#beh ,in the ,laws of ,manu1 the mythical legislator of the ,hindus1 it is said1 ,a wife1 a son1 and a slave1 these three are declared to have no property2 the wealth they earn is acquired for him to whom they belong4#bei ,but according to the standard commentators this only means that the persons mentioned are unable to dispose of their property independently2#bfj and it is expressly stipulated that property acquired by learning belongs exclusively to the person to whom it was given1 and so also the gift of a friend4#bfa ,in ,rome the peculium1 or separate property1 allowed to a son was originally subject to the authority of the house-father1 should he choose to exercise such authority2 and it was only by very late legislation that sons were secured the independent holding of their peculium4#bfb ,even now it is the law in many ,european countries that1 during the minority of a child1 the father or mother has the usufruct of its property1 with the exception of certain kinds of property expressly specified4#bfc ,footnote #beg3 ,sarbah1 ,fanti ,customary ,laws1 p4 #ea4 ,kraft1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #bhe 7,wapokomo74 ,munzinger1 ,ueber die ,sitten und das ,recht der ,bogos1 p4 #cf4 ,among the ,barea and ,kunma a man's earnings belong to his father until he builds a house for himself1 that is1 until he marries 7,munzinger1 ,ostafrikanische ,studien1 p4 #dgg74 ,among the ,basutos parents can deprive their sons of their earnings at pleasure 7,endemann1 ',mittheilungen ber die ,sotho-,neger1' in ,zeitschr4 f4 ,ethnol4 vi4 #ci74 ,footnote #beh3 ,macpherson1 ,memorials of ,service in ,india1 p4 #fb4 ,footnote #bei3 ,laws of ,manu1 viii4 #daf4 ,see also ,nrada1 v4 #da4 ,footnote #bfj3 ,buehler1 in his translation of the ,laws of ,manu1 ,sacred ,books of the ,east1 xxv4 #cbf1 n4 #daf4 ,footnote #bfa3 ,laws of ,manu1 ix4 #bjf4 ,footnote #bfb3 ,hunter1 ,exposition of ,roman ,law1 p4 #bib sqq4 ,maine1 ,dissertations on ,early ,law and ,custom1 p4 #beb4 ,girard1 ,manuel lmentaire de droit romain1 pp4 #ace1 #ach sqq4 ,footnote #bfc3 ,bridel1 ,le droit des femmes et le mariage1 p4 #aef4 ,among some uncivilised peoples women are said to be incapable of holding property2#bfd but this is certainly not the rule among savage tribes1 not even among the very lowest4 ,when ,mr4 ,snow wished to buy a canoe from some ,fuegians1 his request was refused on the ground that the object in question belonged to an old woman1 who would not part with it2#bfe and among the blacks of ,australia ,mr4 ,curr has often heard husbands ask permission of their wives to take something out of their bags4#bff ,there are instances in which the property owned by a #bi woman is by marriage transferred to her husband2#bfg but more commonly1 it seems1 the wife remains mistress of her own property during the existence of the marriage relation4#bfh ,among many savages considerable proprietary privileges are granted to the female sex4 ,we have seen that the household goods are frequently regarded as the special property of the wife4#bfi ,among the ,navahos of ,new ,mexico everything1 except horses and cattle1 practically belongs to the married women4#bgj ,among the ,kafirs of ,natal1 when a man takes his first wife1 all the cows he possesses are regarded as her property1 and the husband can1 theoretically1 neither sell nor otherwise dispose of them without his wife's consent4#bga ,the ,mandans of ,north ,america have a custom that all the horses which a young man steals or captures in war belong to his sisters4#bgb ,among the ,koch of ,india1 we are told1 the men are so gallant as to have made over all property to the women4#bgc ,as regards woman's right of ownership1 nations of a higher culture compare unfavourably with many savages4 ,in ,japan the husband formerly had full rights over the property of his wife4#bgd ,we have already noticed the disabilities in point of ownership to which women were once subject in ,india2 but the development of stridhana1 or peculium of the female members of a family1 shows that they gradually became less dependent on their husbands in #cj matters relating to property4#bge ,among the ancient ,hebrews women appear to have been in every respect regarded as minors so far as proprietary rights were concerned4#bgf ,in ,rome a marriage with conventio in manum1 which was the regular form of marriage in early times1 gave the husband a right to all the property which the wife had when she married1 and entitled him to all she might acquire afterwards whether by gift or by her own labour4#bgg ,later on marriage without manus became the ordinary ,roman marriage1 and this1 together with the downfall of the ancient patria potestas1 led to the result that finally all the wife's property was practically under her own control1 save when a part of it had been converted by settlement into a fund for contributing to the expenses of the conjugal household4#bgh ,but1 as we have noticed in another place1 the new religion was not favourable to the remarkable liberty granted to married women during the pagan ,empire2#bgi 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 ,europe4#bhj ,in ,england1 before #aheg1 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 acquired1 and he might again and again desert her1 and again and again repeat the process of spoliation4 ,in #ahgj a law was passed securing to women the legal control of their own earnings1 but all other female property1 with some insignificant exceptions1 was left absolutely unprotected4 ,and it was not until the ,married ,women's #ca ,property ,act of #ahhb that a full right to their own property was given to ,english wives4#bha ,footnote #bfd3 ,nassau1 ,fetichism in ,west ,africa1 p4 #ac 7tribes of the ,cameroons74 ,marshall1 ,a ,phrenologist amongst the ,todas1 p4 #bjf4 ,waitz1 ,anthropologie der ,naturvlker1 iii4 #abi 7some ,indian tribes of ,north ,america74 ,footnote #bfe3 ,snow1 ',wild ,tribes of ,tierra del ,fuego1' in ,jour4 ,ethn4 ,soc4 ,london1 ,n4,s4 i4 #bfd4 ,footnote #bff3 ,curr1 ,the ,australian ,race1 i4 #ff4 ,footnote #bfg3 ,mason1 in ,jour4 ,asiatic ,soc4 ,bengal1 xxxvii4 pt4 ii4 #adb 7,karens74 ,sumner1 in ,jour4 ,anthr4 ,inst4 xxxi4 #id 7,jakuts74 ,post1 ,studien zur ,entwicklungsgeschichte des ,familienrechts1 p4 #bia4 ,footnote #bfh3 von den ,steinen1 ,unter den ,naturvlkern ,zentral-,brasiliens1 p4 #ccj 7,bakari74 ,morgan1 ,league of the ,iroquois1 p4 #cbf4 ,lala1 ,philippine ,islands1 p4 #ia4 ,hagen1 ,unter den ,papua's1 pp4 #bbf1 #bdc 7,papuans of ,bogadjim1 ,kaiser ,wilhelm ,land74 ,kubary1 ',die ,palau-,inseln in der ,sdsee1' in ,jour4 des ,museum ,godeffroy1 iv4 #ed4 ,ratzel1 ,history of ,mankind1 i4 #bgi 7various ,south ,sea ,islanders74 ,kingsley1 ,west ,african ,studies1 p4 #cgc4 ,bosman1 op4 cit4 p4 #agb 7,gold ,coast natives74 ,ellis1 ,tshi-speaking ,peoples of the ,gold ,coast1 p4 #bih4 ,sarbah1 ,fanti ,customary ,laws1 p4 #e4 ,lang1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #bbc 7,washambala74 ,burton1 ,lake ,regions of ,central ,africa1 ii4 #be 7,wanyamwezi74 ,post1 ,entwicklungsgeschichte des ,familienrechts1 p4 #bib sqq4 ,footnote #bfi3 ,supra1 i4 #fcg sqq4 ,footnote #bgj3 ,mindeleff1 ',navaho ,houses1' in ,ann4 ,rep4 ,bur4 ,ethn4 xvii4 #dhe4 ,footnote #bga3 ,shooter1 ,kafirs of ,natal1 p4 #hd4 ,footnote #bgb3 ,wied-,neuwied1 ,travels in the ,interior of ,north ,america1 p4 #cej4 ,footnote #bgc3 ,buchanan1 quoted by ,hodgson1 ,miscellaneous ,essays1 i4 #aaj4 ,footnote #bgd3 ,rein1 ,japan1 p4 #dbd4 ,footnote #bge3 ,jolly1 ',recht und ,sitte1' in ,buehler1 ,grundriss der indo-arischen ,philologie1 ii4 #gh1 #gi1 #hg sqq4 ,kohler1 ',indisches ,ehe- und ,familienrecht1' in ,zeitschr4 f4 vergl4 ,rechtswiss4 iii4 #dbd sqq4 ,footnote #bgf3 ,benzinger1 ',law and ,justice1' in ,cheyne and ,black1 ,encyclopdia ,biblica1 iii4 #bgbd4 ,footnote #bgg3 ,hunter1 ,roman ,law1 p4 #bie4 ,maine1 ,early ,history of ,institutions1 p4 #cab4 ,bryce1 ,studies in ,history and ,jurisprudence1 ii4 #chg4 ,girard1 op4 cit4 p4 #afc4 ,footnote #bgh3 ,hunter1 ,roman ,law1 p4 #bie sqq4 ,maine1 ,early ,history of ,institutions1 p4 #cag sqq4 ,friedlaender1 ,darstellungen aus der ,sittengeschichte ,roms1 i4 #beb4 ,girard1 op4 cit4 p4 #afd4 ,footnote #bgi3 ,supra1 i4 #fec sq4 ,footnote #bhj3 ,maine1 ,ancient ,law1 p4 #aeg sqq4 ,footnote #bha3 ,lecky1 ,democracy and ,liberty1 ii4 #ecf sq4 ,cleveland1 ,woman under the ,english ,law1 p4 #bgi sqq4 ,for the laws of other ,european countries see ,bridel1 op4 cit4 p4 #fa sqq41 and for the history of the subject see ,gide4 tude sur la condition de la femme1 passim4 ,a third class of persons who in many cases are considered incapable of holding property of their own is the slave class4#bhb ,it may indeed be asked whether a slave ever has the right of ownership in the full sense of the term4 ,yet slaves are frequently said to be owners of property2 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 latter1#bhc it is undoubtedly in several cases a genuine right guaranteed by custom4 ,among the ,kfirs of the ,hindu-,kush1 if the slaves work for others1 they do not hand the wages over to their masters1 but keep the pay themselves4#bhd ,in ,africa1 in particular1 it is a common thing for slaves to have private property2#bhe in ,southern ,guinea there are slaves who are wealthier than their masters4#bhf ,in some ,african countries1 as we have seen1 the slave is obliged to work for his master only on certain days of the week or a certain number of hours1 and has the rest of his time free4#bhg ,so also in ancient ,mexico the slave was allowed a certain amount of time to labour for his own advantage4#bhh ,a ,babylonian slave had his peculium1 of which1 at least under normal circumstances1 he was in safe possession4#bhi ,in ,rome anything #cb a slave acquired was legally his master's2 but he was in practice permitted to enjoy and accumulate chance earnings or savings or a share of what he produced1 which was regarded not as his property in the full sense of the term1 but as his peculium4#bij ,in the ,middle ,ages slaves1 and in many instances serfs also1 were1 strictly speaking1 destitute of proprietary rights4#bia ,in ,england it was held that whatever was acquired by a villein was acquired by his lord4 ,at the same time his chattels did not eo ipso lapse into the lord's possession1 but only if the latter actually seized them2 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 lord4#bib ,in the ,british and ,french colonies and the ,american ,slave ,states the negro slaves had no legal rights of property in things real or personal4#bic ,according to the laws of ,georgia1 masters must not permit their slaves to labour for their own benefit1 at a penalty of thirty dollars for every such weekly offence2#bid and in other ,states they were expressly forbidden to suffer their slaves to hire out themselves4#bie ,in some places1 however1 negro slaves might hold a peculium4 ,in ,arkansas a statute was passed granting masters the right of allowing their slaves to do work on their own behalf on ,sundays2#bif and in the ,british colonies ,sunday was made a marketing day for the slaves so as to encourage them to labour for themselves4#big ,in the ,civil ,code of ,louisiana #cc it is said that the slave possesses nothing of his own1 except his peculium1 that is to say1 the sum of money1 or movable estate1 which his master chooses he should possess4#bih ,the ,spanish and ,portuguese slave laws were more humane4 ,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 means1 were legally his own and could not be seized by the master4#bii ,footnote #bhb3 ,post1 ,grundriss der ethnol4 ,jurisprudenz1 i4 #cgj1 #cha4 ,holmberg1 in ,acta ,soc4 ,scientiarum ,fennic1 iv4 #ccj sq4 7,thlinkets74 ,kohler1 ',recht der ,marschallinsulaner1' in ,zeitschr4 f4 vergl4 ,rechtswiss4 xiv4 #dbh sq4 ,volkens1 op4 cit4 p4 #bdi 7,wadshagga74 ,lang1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #bda 7,washambala74 ,footnote #bhc3 ,nicole1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #aai 7,diakit-,sarracolese74 ,senfft1 ibid4 p4 #ddb 7,marshall ,islanders74 ,footnote #bhd3 ,scott ,robertson1 op4 cit4 p4 #ajj4 ,footnote #bhe3 ,kingsley1 ,west ,african ,studies1 p4 #cff4 ,ellis1 ,e7we-speaking ,peoples of the ,slave ,coast1 p4 #bai4 ,steinmetz1 ,rechtsverhltnisse1 p4 #dc 7,banaka and ,bapuku74 ,tellier1 ibid4 pp4 #afi1 #aga 7,kreis ,kita74 ,baskerville1 ibid4 p4 #aic 7,waganda74 ,beverley1 ibid4 p4 #bac 7,wagogo74 ,dale1 in ,jour4 ,anthr4 ,inst4 xxv4 #bcj 7,wabondei74 ,munzinger1 ,die ,sitten und das ,recht der ,bogos1 p4 #dc4 ,idem1 ,ostafrikanische ,studien1 p4 #cji sq4 7,beni ,amer74 ,footnote #bhf3 ,wilson1 ,western ,africa1 p4 #bga4 ,footnote #bhg3 ,supra1 i4 #fgg4 ,footnote #bhh3 ,bancroft1 op4 cit4 ii4 #bba4 ,footnote #bhi3 ,kohler and ,peiser1 ,aus dem babylonischen ,rechtsleben1 i4 i4 ,see also supra1 i4 #fhd4 ,footnote #bij3 ,digesta1 xv4 #a4 #ci4 ,wallon1 ,histoire de l'esclavage dans l'antiquit1 ii4 #aha sq4 ,ingrain1 ,history of ,slavery1 p4 #dd4 ,hunter1 ,roman ,law1 pp4 #aeg1 #bij sq4 ,girard1 op4 cit4 p4 #ie4 ,footnote #bia3 ,supra1 i4 #fig4 ,gurard1 ,cartulaire de l',abbaye de ,saint-,pre de ,chartres1 i4 p4 xlvii4 ,footnote #bib3 ,vinogradoff1 ,villainage in ,england1 p4#fg sq4 ,pollock and ,maitland1 op4 cit4 i4 #daf1 #dai4 ,footnote #bic3 ,stephen1 ,slavery of the ,british ,west ,india ,colonies1 i4 #eh4 ,code ,noir1 dit du mois de ,mars #afhe1 art4 #bh1 p4 #db sq42 dit donn au mois de ,mars #agbd1 art4 #bb1 p4 #bie sq4 ,stroud1 ,sketch of the ,laws relating to ,slavery in the several ,states of the ,united ,states of ,america1 p4 #gd4 ,goodell1 ,american ,slave ,code1 p4 #hi sqq4 ,footnote #bid3 ,prince1 ,digest of the ,laws of ,georgia1 p4 #ghh4 ,footnote #bie3 ,caruthers and ,nicholson1 ,compilation of the ,statutes of ,tennessee1 #fge4 ,alden and van ,hoesen1 ,digest of the ,laws of ,mississippi1 p4 #gea4 ,morehead and ,brown1 ,digest of the ,statute ,laws of ,kentucky1 ii4 #adhj sq4 ,footnote #bif3 ,ball and ,roane1 ,revised ,statutes of ,arkansas1 xliv4 #g4 #b4 #h1 p4 #bgf sq4 ,footnote #big3 ,edwards1 ,history of the ,british ,west ,indies1 ii4 #aha4 ,footnote #bih3 ,morgan1 ,civil ,code of ,louisiana1 art4 #age4 ,footnote #bii3 ,stephen1 op4 cit4 i4 #fj4 ,couty1 ,l'esclavage au ,brsil1 p4 #i4 ,among many peoples1 finally1 we find the theory that nobody but the chief or king has proprietary rights1 and that it is only by his sufferance that his subjects hold their possessions4#cjj ,the soil1 in particular1 is regarded as his4#cja ,but even autocrats are tied by custom1#cjb and in practice the right of ownership is not denied to their subjects4 ,footnote #cjj3 ,butler1 ,travels in ,assam1 p4 #id 7,kukis74 ,beecham1 ,ashantee1 p4 #if4 ,spencer1 ,descriptive ,sociology1 ,african ,races1 p4 #ab 7,abyssinians74 ,decle1 op4 cit4 p4 #gj sqq4 7,barotse74 ,kidd1 ,the ,essential ,kafir1 p4 #cec4 ,ellis1 ,history of ,madagascar1 i4 #cdb4 ,post1 ,afrikanische ,jurisprudenz1 ii4 #aga4 ,percy ,smith1 ',uea1 ,western ,pacific1' in ,jour4 ,polynesian ,soc4 i4 #aab4 ,tregear1 ',easter ,island1' ibid4 i4 #ii4 ,in ,samoa it is a maxim that a chief cannot steal2 he is merely considered to take the thing which he covets 7,pritchard1 ,polynesian ,reminiscences1 p4 #ajd74 ,in ,uea1 when a chief enters a house1 he enjoys the right to take all in it that he pleases 7,percy ,smith1 in ,jour4 ,polynesian ,soc4 i4 #aac74 ,among the ,kafirs no case can be brought against a chief for theft1 except if it be committed on the property of a person belonging to another tribe2 and even the children of chiefs are permitted to steal from their own people 7,brownlee1 in ,maclean1 ,compendium of ,kafir ,laws and ,customs1 p4 #aab sq4 ,trollope1 ,south ,africa1 ii4 #cjc4 ,holden1 ,past and ,future of the ,kaffir ,races1 p4 #cch74 ,footnote #cja3 ,waitz1 op4 cit4 iii4 #abh 7,indian tribes of ,north ,america72 v4 pt4 i4 #aec 7,malays74 ,ellis1 ,polynesian ,researches1 iii4 #aae 7,sandwich ,islanders74 ,bory de ,st4 ,vincent1 ,essais sur les ,isles ,fortunes1 p4 #fd 7,guanches74 ,nicole1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #acf 7,diakit-,sarracolese74 ,baskerville1 ibid4 p4 #bja 7,waganda74 ,beverley1 ibid4 p4 #baf 7,wagogo74 ,lang1 ibid4 p4 #bfb 7,washambala74 ,rautanen1 ibid4 p4 #cdc 7,ondonga74 ,stuhlmann1 ,mit ,emin ,pasha ins ,herz von ,africa1 p4 #ge 7,wanyamwezi74 ,post1 ,afrikanische ,jurisprudenz1 ii4 #agj sq42 ,ratzel1 op4 cit4 i4 #abf2 de ,laveleye-,bcher1 ,das ,ureigenthum1 p4 #bge 7various ,african peoples74 ,kohler1 ,rechtsvergleichende ,studien1 p4 #bce 7,kandian law74 ,giles1 ,strange ,stories from a ,chinese ,studio1 ii4 #cfi1 n4 #ba 7,chinese74 ,footnote #cjb3 ,supra1 i4 #afb4 ,in the next chapter we shall try to explain all these facts3--the existence of proprietary rights1 the refusal of such rights to certain classes of persons1 the different #cd degrees of condemnation attending theft under different circumstances4 ,but before we can understand the psychological origin of the right of ownership and the regard in which it is held1 it is necessary to examine the methods by which it is acquired1 the external facts which give to certain individuals a right to the exclusive disposal of certain things4 ,,chapter ,,xxix ,,the ,,right ,,of ,,property 7concluded7 ,,according to an old theory set forth by ,roman jurists1 and afterwards much emphasised by ,grotius1#a the original mode of acquisition is occupation1 that is1 a person's taking possession of that which at the moment belongs to nobody 7res nullius71 with the intention of keeping it as his property4 ,that occupation very largely1 though by no means exclusively1 is at the bottom of the right of ownership seems obvious enough1 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 alone4#b ,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 captured2#c by the nomad's or settler's right to the previously unoccupied place where #cf he has pitched his tent or built his dwelling2#d by the agriculturist's right to the land of which he has taken possession by cultivating the soil2#e by a tribe's or community's right to the territory which it has occupied4#f ,among the ,kandhs of ,india the right of possession of land is simply founded in the case of tribes upon priority of appropriation1 and in the case of individuals upon priority of culture4#g ,among the ,herero1 notwithstanding the loose notions generally entertained by them as to meum and tuum1 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 there1 and no one will intrude upon him without having previously asked and obtained his permission4 ,the same1 our authority adds1 is observed even with regard to strangers4#h ,again1 among some of the ,australian natives a man who had found a bees' nest and did not wish to rob it for some time1 would mark the tree in some way or other1 and it was a crime to rob a nest thus indicated4#i ,in ,greenland anyone picking up pieces #cg of driftwood or goods lost at sea or on land was considered the rightful owner of them2 and to make good his possession he had only to carry them up above high-water mark and put stones upon them1 no matter where his homestead might be4#aj ,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 unknown3 in some instances his occupation of it makes it his property in all circumstances1#aa whilst in other cases he at any rate has a claim to part of its value4#ab ,among the ,hurons every thing found1 tho' it had been lost but a moment1 belonged to the person that found it1 provided the loser had not claimed it before4#ac ,the ,kafirs are not bound by their law to give up anything they may have found1 which has been lost by some one else4 ,the loser should have taken better care of his property1 is their moral theory4#ad ,among the ,chippewyans any unsuccessful hunter passing by a trap where a deer is caught may take the animal1 if only he leaves the head1 skin1 and saddle for the owner2#ae and among the ,tunguses whoever finds a beast in another man's trap may take half the meat4#af ,among the ,maoris boats or canoes which were cast adrift became the property of the captors4 ,even a canoe 4 4 4 of friends and relatives upsetting off a village1 and drifting on shore where a village was1 became the property of the people of that village2 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 #ch village4#ag ,we have previously noticed the customary treatment of shipwrecked mariners in medival ,europe4 ,and another instance of occupation establishing a right of property in things which already have an owner is conquest or capture made in war4 ,the ,romans regarded spoils taken from an enemy as the most excellent kind of property4#ah ,footnote #a3 ,grotius1 ,de jure belli et pacis1 ii4 #c4 #c4 ,footnote #b3 ,locke1 ,treatises of ,government1 ii4 #e4 #bg sqq41 p4 #bjj sqq4 ,thiers1 ,de la proprit1 p4 #id sqq4 ,hume remarks 7,treatise of ,human ,nature1 ii4 #c ,philosophical ,works1 ii4 #bgf1 n4 #a73--,there are several kinds of occupation1 where we cannot be said to join our labour to the object we acquire2 as when we possess a meadow by grazing our cattle upon it4 ,footnote #c3 ,curr1 ,recollections of ,squatting in ,victoria1 p4 #bfe 7,bangerang tribe74 ,murdoch1 ',ethnol4 ,results of the ,point ,barrow ,expedition1' in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #dbh 7,point ,barrow ,eskimo74 ,ahlqvist1 ',unter ,wogulen und ,ostjaken1' in ,acta ,soc4 ,scientiarum ,fennic1 xiv4 #aff 7,voguls74 ,steinmetz1 ,rechtsverhltnisse1 p4 #ec 7,banaka and ,bapuku74 ,post1 ,afrikanische ,jurisprudenz1 ii4 #afb sq4 ,andree1 ',ethnogr4 ,bemerkungen zu einigen ,rechtsgebruchen1' in ,globus1 xxxviii4 #bhg4 ,among some ,indian 9999tribes of ,north ,america it was customary for individuals to mark their arrows1 in order that the stricken game might fall to the man by whose arrow it had been despatched 7,powell1 in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 p4 lvii474 ,footnote #d3 von ,martius1 ,von dem ,rechtszustande unter den ,ureinwohnern ,brasiliens1 p4 #cd 7,brazilian aborigines74 ,dalager1 ,grnlandske ,relationer1 p4 #ae2 ,nansen1 ,eskimo ,life1 p4 #aji 7,greenlanders74 ,marsden1 ,history of ,sumatra1 pp4 #fh1 #bdd 7,rejangs74 ,steinmetz1 ,rechtsverhltnisse1 p4 #ec 7,banaka and ,bapuku74 ,kraft1 ibid4 p4 #bic 7,wapokomo74 ,decle1 ,three ,years in ,savage ,africa1 p4 #dhg 7,wakamba74 ,robertson ,smith1 ,religion of the ,semites1 pp4 #ie1 #if1 #adc 7ancient ,semitic custom and ,muhammedan law74 ,footnote #e3 ,thomson1 ,savage ,island1 p4 #acg4 ,polack1 ,manners and ,customs of the ,new ,zealanders1 ii4 #fi2 ,thomson1 ,story of ,new ,zealand1 i4 #ig4 ,munzinger1 ,die ,sitten und das ,recht der ,bogos1 p4 #fi4 ,cruickshank1 ,eighteen ,years on the ,gold ,coast1 ii4 #bgg4 ,leuschner1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #bd 7,bakwiri74 ,ibid4 p4 #ec 7,banaka and ,bapuku74 ,tellier1 ibid4 p4 #agh 7,kreis ,kita74 ,dale1 in ,jour4 ,anthr4 ,inst4 xxv4 #bcj 7,wabondei74 ,laws of ,manu1 ix4 #dd4 ,wellhausen1 ,reste arabischen ,heidentums1 p4 #ajh4 ,robertson ,smith1 ,religion of the ,semites1 pp4 #ie1 #if1 #adc 7ancient ,semitic custom and ,muhammedan law74 ,waitz1 ,anthropologie der ,naturvlker1 i4 #ddj4 ,dargun1 ',ursprung und ,entwicklungs-,geschichte des ,eigenthums1' in ,zeitschr4 f4 vergl4 ,rechtswiss4 v4 #ga sqq4 ,post1 ,entwicklungsgeschichte des ,familienrechts1 p4 #bhc sqq4 ,idem1 ,grundriss der ethnol4 ,jurisprudenz1 i4 #cdb sqq4 ,see also infra1 p4 #ci sq4 ,footnote #f3 ,thomson1 ,story of ,new ,zealand1 i4 #if2 ,polack1 op4 cit4 ii4 #ga 7,maoris71 ,mademba1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #ij 7natives of the ,sansanding ,states74 ,footnote #g3 ,macpherson1 ,memorials of ,service in ,india1 p4 #fb4 ,footnote #h3 ,andersson1 ,lake ,ngami1 p4 #aae4 ,see also ,viehe1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #caj4 #ab3 ,merker1 ,die ,masai1 p4 #bjd4 ,desoignies1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #bha 7,msalala74 ,post1 ,grundriss der ethnol4 ,jurisprudenz1 ii4 #fje4 ,footnote #ac3 ,charlevoix1 ,voyage to ,north-,america1 ii4 #bf sq4 ,footnote #ad3 ,leslie1 ,among the ,zulus and ,amatongas1 p4 #bjb4 ,footnote #ae3 ,schoolcraft1 ,archives of ,aboriginal ,knowledge1 v4 #agg4 ,footnote #af3 ,ratzel1 ,history of ,mankind1 ii4 #bbf4 ,footnote #ag3 ,colenso1 ,maori ,races of ,new ,zealand1 p4 #cd4 ,polack1 op4 cit4 p4 #fh sq4 ,footnote #ah3 ,maxima sua esse credebant quae ab hostibus cepissent 7quoted by ,ahrens1 ,naturrecht1 ii4 #acg74 ,the occupation of a thing may take place in various ways4 ,hegel says that taking possession is partly the simple bodily grasp1 partly the forming and partly the marking or designating of the object4#ai ,but there are still other methods of occupation1 in which the bodily contact with the object is involuntary1 or in which there is no bodily contact at all4 ,among the ,maoris a man acquired a peculiar right to land by having been born on it 7or1 in their expressive language1 'where his navel-string was cut'71 as his first blood 7ever sacred in their eyes7 had been shed there2#bj or1 generally1 by having had his blood shed upon it2 or by having had the body1 or bones1 of his deceased father1 or mother1 or uterine brother or sister1 deposited or resting on it2 or by having had a near relative killed1 or roasted on it1 or a portion of his body stuck up or thrown away upon it4#ba ,among many peoples an animal belongs entirely or chiefly to the person who first wounded it1 #ci however slightly1#bb or who first saw it1#bc even though it was killed by somebody else4 ,thus among the ,greenlanders1 if a seal or some other sea-animal escapes with the javelin sticking in it1 and is afterwards killed1 it belongs to him who threw the first dart2#bd if a bear is killed1 it belongs to him who first discovered it2#be and when a whale is taken1 the very spectators have an equal right to it with the harpooners4#bf ,footnote #ai3 ,hegel1 ,grundlinien der ,philosophie des ,rechts1 #ed1 p4 #ed2 ,english translation1 p4 #ei4 ,footnote #bj3 ,of certain tribes of ,western ,victoria we are likewise told that1 should a child of another family have been born on the estate1 it is looked upon as one of the family1 and it has an equal right with them to a share of the land1 if it has attained the age of six months at the death of the proprietor 7,dawson1 ,australian ,aborigines1 p4 #g74 ,the ,rev4 ,john ,bulmer 7quoted by ,brough ,smyth1 ,aborigines of ,victoria1 i4 #adf7 testifies the prevalence of such a birth-right among the ,murray tribes1 and suspects it is common to most of the tribes of ,australia3--,the fact that an aboriginal is born in a certain locality constitutes a right to that part1 and it would be considered a breach of privilege for any one to hunt over it without his permission4 ,should another black have been born in the same place1 he1 with the former1 would have a joint right to the land4 ,otherwise1 no native seems to have made a claim to any particular portion of the territory of his tribe4 ,cf4 ,schurtz1 ,die ,anfnge des ,landbesitzes1 in ,zeitschr4 f4 ,socialwissenschaft1 iii4 #ceg sqq4 ,footnote #ba3 ,colenso1 op4 cit4 p4 #ca4 ,see also ,polack1 op4 cit4 ii4 #hb4 ,footnote #bb3 ,dalager1 op4 cit4 p4 #bd sq4 7,greenlanders74 ,boas1 ',central ,eskimo1' in ,ann4 ,rep4 ,bur4 ,ethn4 vi4 #ehb4 ,dall1 ,alaska1 p4 #cid 7,aleuts74 ,ratzel1 op4 cit4 ,bourke1 ,snake-,dance of the ,moquis1 ii4 #bbg 7,asiatic ,hyperboreans74 ,campbell1 ,second ,journey in the ,interior of ,south ,africa1 ii4 #bab 7,bechuanas74 ,livingstone1 ,missionary ,travels1 p4 #eii 7natives of ,south ,africa71 von ,heuglin1 ,reise nach ,abessinien1 p4 #bij sq4 7,woitos74 ,laws of ,manu1 ix4 #dd4 ,post1 ,afrikanische ,jurisprudenz1 ii4 #afc4 ,idem1 ,grundriss der ethnol4 ,jurisprudenz1 ii4 #gjg sq4 ,andree1 in ,globus1 xxxviii4 #bhg sq4 ,footnote #bc3 ,boas1 ',central ,eskimo1' in ,ann4 ,rep4 ,bur4 ,ethn4 vi4 #ehb4 ,ratzel1 op4 cit4 ii4 #bbg 7,asiatic ,hyperboreans74 ,see also ,semper1 ,die ,palau-,inseln1 p4 #hf4 ,footnote #bd3 ,dalager1 op4 cit4 p4 #bd4 ,footnote #be3 ,rink1 ,tales and ,traditions of the ,eskimo1 p4 #bi4 ,footnote #bf3 ,dalager1 op4 cit4 p4 #be4 ,besides occupation1 or the taking possession of a thing1 the keeping possession of it may establish a right of ownership4 ,that these principles1 though closely connected with each other1 are not identical is obvious from two groups of facts4 ,first1 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 it4 ,the place occupied by a nomad is his only so long as he continues to stay there2#bg and among agricultural savages the cultivator frequently loses his right to the field when he makes no more use of it#bh--though1 on the other hand1 instances are not wanting in which cultivation gives proprietary #dj rights of a more lasting nature4#bi ,loss of possession may1 indeed1 annul or weaken ownership gained by any method of acquisition4 ,in the ,hindu work ,panchatantra it is said that the property in tanks1 wells1 ponds1 temples1 and choultries will no longer rest with persons who once have left them4#cj ,among the natives of the ,sansanding ,states the right to a house is lost by its being abandoned4#ca ,in ,greenland1 if a man makes a fox trap and neglects it for some time1 another may set it and claim the captured animal4#cb ,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 it4 ,secondly1 the retaining possession of an object for a certain length of time may make it the property of the possessor1 even though the occupation of that object conferred on him no such right1 nay though the acquisition of it was actually wrongful4#cc ,according to the ,roman ,law of the ,twelve ,tables1 commodities which had been uninterruptedly possessed for a certain period--movables for a year1 and land or houses for two years--became the property of the person possessing them4#cd ,this principle1 known to the ,romans as usucapio1 has descended to modern jurisprudence under the name of prescription4 ,it also prevailed in ,india since ancient times4 ,the older law-books laid down the rule that1 if the owner of a thing is neither an idiot nor a minor and if his chattel is enjoyed #da by another before his eyes during ten years and he says nothing1 it is lost to him1 and the adverse possessor shall retain it as his own property2#ce but it seems that later on the period of prescription was extended to thirty years or even more4#cf ,in this connection it should also be noticed that the division of labour1 implying the use of certain articles1 often confers proprietary rights to those articles upon the persons who make habitual use of them1 as in the case of women becoming the owners of the household goods4#cg ,footnote #bg3 ,cf4 ,post1 ,afrikanische ,jurisprudenz1 ii4 #afg4 ,footnote #bh3 ,morgan1 ,league of the ,iroquois1 p4 #cbf4 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #cff4 ,bourke1 ,snake-,dance of the ,moquis1 p4 #bfa4 ,shooter1 ,kafirs of ,natal1 p4 #af2 ,lichtenstein1 ,travels in ,southern ,africa1 i4 #bga 7,kafirs74 ,mac,gregor1 in ,jour4 ,african ,soc4 #aijd1 p4 #dgd 7,yoruba74 ,leuschner1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #be4 ,lang1 ibid4 p4 #bfd4 7,washambala74 ,marx1 ibid4 p4 #ceh 7,amahlubi74 ,sorge1 ibid4 p4 #dbb 7,nissan ,islanders74 ,waitz1 op4 cit4 i4 #ddj4 ,dargun1 in ,zeitschr4 f4 vergl4 ,rechtswiss4 v4 #ga sqq4 ,post1 ,entwicklungsgeschichte des ,familienrechts1 p4 #bhc sqq4 ,idem1 ,grundriss der ethnol4 ,jurisprudenz1 i4 #cdc sq4 de ,laveleye-,bcher1 ,das ,ureigenthum1 ch4 xiv4 p4 #bgj sqq4 ,among the ,rejangs of ,sumatra a planter of fruit-trees or his descendants may claim the ground as long as any of the trees subsist1 but when they disappear the land reverts to the public 7,marsden1 op4 cit4 p4 #bde74 ,footnote #bi3 von ,martius1 ,von dem ,rechtszustande unter den ,ureinwohnern ,brasiliens1 p4 #ce sq4 7,brazilian aborigines74 ,steinmetz1 ,rechtsverhltnisse1 p4 #ec 7,banaka and ,bapuku74 ,kohler1 ',banturecht in ,ostafrika1' in ,zeitschr4 f4 vergl4 ,rechtswiss4 xv4 #dh 7natives of ,lindi74 ,trollope1 op4 cit4 ii4 #cjb 7,kafirs74 ,post1 ,afrikanische ,jurisprudenz1 ii4 #afi4 ,idem1 ,entwicklungsgeschichte des ,familienrechts1 p4 #bhe sq4 ,schurtz1 in ,zeitschrift fr ,socialwissenschaft1 iii4 #bee4 ,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 next1 but after that1 if illness or idleness prevent him from overtaking the work1 his village insists on the fields being let 7,prain1 ',angami ,nagas1' in ,revue coloniale internationale1 v4 #dhd74 ,footnote #cj3 ,panchatantram1 iii4 p4 #ae4 ,footnote #ca3 ,mademba1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #ia4 ,footnote #cb3 ,dalager1 op4 cit4 p4 #bg4 ,footnote #cc3 ,see ,mill1 ,principles of ,political ,economy1 i4 #bgb2 ,thiers1 op4 cit4 p4 #ajh2 ,waitz-,gerland1 op4 cit4 vi4 #bbh 7,maoris74 ,footnote #cd3 ,hunter1 ,roman ,law1 p4 #bfe sqq4 ,maine1 ,ancient ,law1 p4 #bhd4 ,girard1 ,manuel lmentaire de droit romain1 p4 #bif sqq4 ,puchta1 ,cursus der ,institutionen1 ii4 #bjb sqq4 ,footnote #ce3 ,gautama1 xii4 #ci4 ,vasishtha1 xvi4 #af sq4 ,laws of ,manu1 viii4 #adg sq4 ,see also ,panchatantram1 iii4 p4 #ae2 ,benfey's translation1 vol4 ii4 #bcc4 ,footnote #cf3 ,brihaspati1 ix4 #g4 ,jolly1 ',recht und ,sitte1' in ,buehler1 ,grundriss der indo-arischen ,philologie1 ii4 #ib4 ,for the rules of prescription in ancient ,india see also ,jolly1 p4 #ia sqq41 and ,kohler1 ,altindisches ,prozessrecht1 p4 #ee sq4 ,footnote #cg3 ,supra1 i4 #fcg sqq4 ,a further source of ownership lies in the principle that a person has a title to the products of his own labour4 ,grotius--in criticising the ,roman jurist ,paulus1 who long before ,locke had made labour a justification of property1--#ch;argues that this is no special mode of acquisition1 but that the labourer's claim to what he produces is based on occupation4 ,since in the course of nature1 ,grotius says1 nothing can be made except but of pre-existing matter1 if that matter was ours1 the ownership continues when it assumes a new form2 if the matter was no one's property1 this acquisition comes under occupation2 if the matter belonged to another1 the thing made is not ours alone4#ci ,this argument contains its own refutation4 ,if a thing which we make of matter belonging to another person is not ours alone1 our partial right to it can be due only to our labour4 ,again1 if we make a thing of materials belonging to ourselves1 our right to it is certainly held to be increased by our exertions in producing it4 ,it should1 moreover1 be remembered that there is ownership in the products not only of manual but of mental labour1 and in the latter case the ownership can hardly be considered to be due to occupation at all4 ,we may say with ,mr4 ,spencer that from the beginning things identified as products of a man's labour are recognised as his4 ,even #db among the rudest peoples there is property in weapons1 implements1 dress1 decorations1 and other things in which the value given by labour bears a specially large proportion to the value of the raw material4#dj ,if a ,greenlander finds a dead seal with a harpoon in it1 he keeps the seal1 but restores the harpoon to its owner4#da ,among the same people1 when somebody has built dams across salmon-rivers to catch the fish1 it is not considered proper for strangers to come and meddle with them4#db ,in various parts of ,africa he who has dug a well has a right to the exclusive disposal of it4#dc ,in ,west ,africa1 according to ,miss ,kingsley1 that which is acquired or made by a man or woman by their personal exertions is regarded as his or her private property4#dd ,the ,moquis of ,arizona are co-operative in all their labours1 whether as hunters1 herders1 or tillers of the soil2 but each man gathers the spoils of his individual skill and daring1 or the fruits of his own industry4#de ,in the ,nicobars1 whilst everything which the village as a whole makes or purchases is common property1 the result of individual work belongs to the individual4#df ,in old ,hindu law-books the performance of labour is specified as one of the lawful modes of acquiring property4#dg ,according to ,nrada1 when the owner of a field is unable to cultivate it1 or dead1 or gone no one knows whither1 any stranger who undertakes its cultivation unchecked by the owner shall be allowed to keep the produce2 and if the owner returns while the stranger is engaged in cultivation1 the owner1 in order to recover his field1 has to pay to the cultivator the whole expense incurred in tilling the waste4#dh ,thus1 though cultivation does not give a right to the land1 it gives a right to the produce #dc of the labour performed4 ,among uncivilised races we frequently find that the land itself and the crops or trees growing on it have different owners1 the latter belonging to the person who planted them4#di ,footnote #ch3 ,cf4 ,girard1 op4 cit4 p4 #caf4 ,footnote #ci3 ,grotius1 op4 cit4 ii4 #c4 #c4 ,footnote #dj3 ,spencer1 ,principles of ,sociology1 ii4 #fdf4 ,idem1 ,principles of ,ethics1 ii4 #ih4 ,cf4 ,waitz1 op4 cit4 i4 #ddj sq4 ,footnote #da3 ,dalager1 op4 cit4 p4 #be4 ,footnote #db3 ,nansen1 ,first ,crossing of ,greenland1 ii4 #bii4 ,footnote #dc3 ,munzinger1 ,die ,sitten und das ,recht der ,bogos1 p4 #gj4 ,lang1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #bfd 7,washambala74 von ,franois1 ,nama und ,damara1 p4 #age 7,herero74 ,footnote #dd3 ,kingsley1 ,west ,african ,studies1 p4 #cff4 ,footnote #de3 ,bourke1 ,snake-dance of the ,moquis1 p4 #bfj sq4 ,footnote #df3 ,kloss1 ,in the ,andamans and ,nicobars1 p4 #bdj4 ,footnote #dg3 ,gautama1 x4 #db4 ,laws of ,manu1 x4 #aae4 ,footnote #dh3 ,nrada1 xi4 #cb sq4 ,footnote #di3 ,colenso1 op4 cit4 p4 #ca 7,maoris74 ,leuschner1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #be 7,bakwiri74 ,lang1 ibid4 p4 #bfd 7,washambala74 ,munzinger1 ,die ,sitten und das ,recht der ,bogos1 p4 #fi4 ,hanoteau and ,letourneux1 ,la ,kabylie1 ii4 #bcj2 ,kobelt1 ,reiseerinnerungen aus ,algerien und ,tunis1 p4 #bic 7,kabyles of ,jurjura74 ,hyde ,clarke1 in ,jour4 ,anthr4 ,inst4 xix4 #aii sqq4 ,post1 ,afrikanische ,jurisprudenz1 ii4 #agb4 ,schurtz1 in ,zeitschr4 f4 ,socialwissenschaft1 iii4 #bej sq4 ,the right of ownership may1 further1 be established by a transfer of property by its owner1 either by way of gift or by sale or exchange or some other form of contract4 ,the conditions necessary for this method of acquisition are1 that the owner shall have a right to alienate the article in question1 and that the other party shall be capable of owning such property4 ,as has been said before1 ownership does not necessarily imply an unrestricted power of disposition4 ,property in land1 for instance1 is frequently considered inalienable2#ej and1 to take another example1 the power of testation1 if recognised at all1 is often subject to restrictions4#ea ,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 family4#eb ,among the ,maoris land obtained by purchase or conquest may be given away or willed by the owner to anybody he thinks fit1 but the case is different with patrimony4#ec ,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 ,roman4#ed ,even in ,rome bequest seems not to have been permitted in pre-historic times1 and afterwards a legitima portio was compulsorily reserved for each child4#ee ,such is still the law of some continental nations4 ,footnote #ej3 ,post1 ,entwicklungsgeschichte des ,familienrechts1 p4 #bhf sqq4 ,avebury1 ,origin of ,civilisation1 p4 #dhc sq4 ,footnote #ea3 ,post1 ,grundriss der ethnol4 ,jurisprudenz1 ii4 #bjj sqq4 ,idem1 ,afrikanische ,jurisprudenz1 ii4 #ai4 ,footnote #eb3 ,sarbah1 op4 cit4 p4 #he4 ,footnote #ec3 ,polack1 op4 cit4 ii4 #fi4 ,footnote #ed3 ,maine1 ,ancient ,law1 p4 #aif4 ,see also ,fustel de ,coulanges1 ,la cit antique1 p4 #ie4 ,footnote #ee3 ,fustel de ,coulanges1 op4 cit4 p4 #if4 ,hunter1 ,roman ,law1 p4 #ghj sqq4 ,girard1 op4 cit4 p4 #hed sqq4 #dd ,closely connected with the restrictions imposed on a proprietor's power of testation is the rule of inheritance1 one of the most common methods of acquiring property4 ,at the earlier stages of civilisation the property of a deceased person is not in every case subject to this rule4 ,apart from the practice of testation1 which1 though hardly primitive1 is not infrequently found among savages1#ef there are other ways of dealing with it besides inheritance4 ,the private belongings of the dead1 or part of them1 are destroyed or buried with him1 or his dwelling is burned or abandoned2#eg but ,dr4 ,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 altogether4#eh ,nor must we infer the general prevalence of a stage where there were no definite rules of inheritance#ei from the fact that among some ,north ,american tribes1 when a man dies leaving young children who are unable to defend themselves1 grown-up relatives or other persons come in and seize whatever they please4#fj ,the ordinary custom of savages is that the dead man's property is inherited either by his own children1 if kinship is reckoned through the father1 or by his sister's children or other relatives on the mother's side1 if kinship is reckoned through females only4#fa ,sometimes the rules of inheritance make little or no distinction between men and women2#fb sometimes a decided preference is given to the #de men2#fc sometimes the women inherit nothing2#fd whereas in a few exceptional cases the women are the only inheritors4#fe ,among various savages the widow also has a share in the inheritance1 or at any rate has the usufruct of property left by her deceased husband4#ff ,very frequently the eldest son1#fg or1 where the maternal system of descent prevails in #df full1 the eldest uterine brother#fh or the eldest son of the eldest uterine sister1#fi is the chief or even the only heir4 ,but there are also several instances in which this privilege is granted to the youngest son4#gj ,thus1 among the ,hos of ,india he apparently inherits all the property of his father2#ga among the ,limbus of ,nepal1 though an extra share is set apart for the eldest son1 the youngest one is allowed to choose his share first2#gb among the ,eskimo of ,behring ,strait1 if there are several sons the eldest gets the least1 the most valuable things being given to the youngest4#gc ,in ,greenland a foster-son inherits all the property of his foster-father1 if the latter dies without offspring or if his sons are still young children2#gd and of the ,west ,african ,fulah we are told that1 though they have sons and daughters1 the adopted child becomes heir to all that they leave behind4#ge ,among the ,kukis1 in default of legitimate issue1 a natural son succeeds to his father's property before all other male relations2#gf among the ,bdo and ,dhimls sons by concubinage or adoption get equal shares with sons born in wedlock2#gg 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 wives4#gh ,among other uncivilised peoples1 #dg again1 slaves cannot inherit at all1#gi and where they are allowed to possess property the master is sometimes the legitimate heir of his slave4#hj ,footnote #ef3 ,ellis1 ,polynesian ,researches1 iii4 #aae sq4 7,tahitians74 ,wilkin1 in ,reports of the ,cambridge ,expedition to ,torres ,straits1 v4 #bhf 7natives of ,mabuiag74 ,kingsley1 ,west ,african ,studies1 p4 #cgc4 ,lang1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #bch 7,washambala74 ,desoignies1 ibid4 p4 #bgg 7,msalala74 ,rautanen1 ibid4 p4 #ccf 7,ondonga74 ,dale1 in ,jour4 ,anthr4 ,inst4 xxv4 #bbd4 ,post1 ,grundriss der ethnol4 ,jurisprudenz1 ii4 #aii4 ,footnote #eg3 ,see infra1 on ,regard for the ,dead4 ,footnote #eh3 ,dargun1 in ,zeitschr4 f4 vergl4 ,rechtswiss4 v4 #ii sqq4 ,footnote #ei3 ,ibid4 p4 #ajb sq4 ,footnote #fj3 ,prescott1 in ,schoolcraft1 ,indian ,tribes of the ,united ,states1 ii4 #aid sq4 7,dacotahs74 ,hale1 ,u4,s4 ,exploring ,expedition4 ,vol4 ,,vi4 ,ethnography and ,philology1 p4 #bjh 7,salish74 ,dalager1 op4 cit4 p4 #cj sq42 ,cranz1 op4 cit4 i4 #agf 7,greenlanders74 ,footnote #fa3 ,see ,westermarck1 op4 cit4 p4 #ig sqq4 ,footnote #fb3 ,kloss1 op4 cit4 p4 #bda 7,nicobarese74 ,wilkin1 in ,rep4 ,cambridge ,anthr4 ,exped4 v4 #bhe sq4 7natives of ,mabuiag74 ,wilkes1 ,u4,s4 ,exploring ,expedition1 v4 #he 7,kingsmill ,islanders74 ,senfft1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #dda 7,marshall ,islanders74 ,dawson1 op4 cit4 p4 #g 7certain tribes of ,western ,victoria74 ,post1 ,afrikanische ,jurisprudenz1 ii4 #ad4 ,idem1 ,entwicklungsgeschichte des ,familienrechts1 p4 #bii4 ,idem1 ,grundriss der ethnol4 ,jurisprudenz1 i4 #bbe4 ,footnote #fc3 ,sarbah1 ,fanti ,customary ,laws1 p4 #hg4 ,post1 ,afrikanische ,jurisprudenz1 ii4 #ac sq4 ,idem1 ,entwicklungsgeschichte des ,familienrechts1 p4 #bih sq4 ,idem1 ,grundriss der ethnol4 ,jurisprudenz1 i4 #bbb sqq4 ,among several uncivilised peoples landed property descends exclusively 7,macpherson1 ,memorials of ,service in ,india1 p4 #fb ,kandhs2 ,sumner1 in ,jour4 ,anthr4 ,inst4 xxxi4 #gi ,jakuts2 ,curr1 ,the ,australian ,race1 i4 #fd2 ,johnston1 ,uganda ,protectorate1 ii4 #fid2 ,post1 ,entwicklungsgeschichte des ,familienrechts1 p4 #bih sq42 ,idem1 ,grundriss der ethnol4 ,jurisprudenz1 i4 #bbd7 or by preference 7,thomson1 ,story of ,new ,zealand1 i4 #if2 ,post1 ,grundriss der ethnol4 ,jurisprudenz1 i4 #bbd sq47 to men4 ,footnote #fd3 ,castrn1 ,nordiska resor och forskningar1 i4 #cab 7,ostyaks74 ,marshall1 ,a ,phrenologist amongst the ,todas1 p4 #bjf4 ,hodgson1 ,miscellaneous ,essays1 i4 #abb 7,bdo and ,dhimls74 ,hislop1 ,papers relating to the ,aboriginal ,tribes of the ,central ,provinces1 p4 #ab1 n4 dagger 7,gonds74 ,soppitt1 ,account of the ,kuki-,lushai ,tribes1 p4 #af2 ,stewart1 ',notes on ,northern ,cachar1' in ,jour4 ,asiatic ,soc4 ,bengal1 xxiv4 #fdj 7,kukis74 ,risley1 ,census of ,india1 #aija1 vol4 i4 ,ethnographic ,appendices1 pp4 #adf 7,santals71 #aef 7,mundas71 #bji 7most of the ,angami ,nagas74 ,fryer1 ,khyeng ,people of the ,sandoway ,district1 p4 #f4 ,marsden1 op4 cit4 p4 #bdd 7,rejangs74 ,eyre1 ,expeditions of ,discovery into ,central ,australia1 ii4 #big4 ,munzinger1 ,die ,sitten und das ,recht der ,bogos1 p4 #gc4 ,hinde1 ,last of the ,masai1 p4 #aje2 ,johnston1 ,uganda ,protectorate1 ii4 #hbh 7,masai74 ,dale1 in ,jour4 ,anthr4 ,inst4 xxv4 #bbd 7,wabondei74 ,kingsley1 ,travels in ,west ,africa1 p4 #dhe 7some ,west ,african tribes74 ,nassau1 ,fetichism in ,west ,africa1 p4 #ac 7natives of the ,cameroons74 ,leuschner1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #bj 7,bakwiri74 ,mademba1 ibid4 p4 #ha 7pagan ,bambara74 ,lang1 ibid4 p4 #bch 7,washambala74 ,kraft1 ibid4 p4 #bhi 7,wapokomo74 ,rautanen1 ibid4 p4 #cce 7,ondonga74 ,decle1 op4 cit4 p4 #dhf 7,wakamba74 ,campbell1 ,travels in ,south ,africa1 p4 #ebj 7,kafirs74 ,post1 ,afrikanische ,jurisprudenz1 ii4 #e4 ,idem1 ,entwicklungsgeschichte des ,familienrechts1 p4 #bif sqq4 ,idem1 ,grundriss der ethnol4 ,jurisprudenz1 i4 #bah sq4 ,footnote #fe3 ,hamy1 in ,bull4 ,soc4 d',anthr4 ,paris1 ser4 ii4 vol4 xii4 7#ahgg71 #ece 7,penong ,pik of ,cambodia74 ,buchanan1 quoted by ,hodgson1 ,miscellaneous ,essays1 i4 #aaj 7,kcch74 ,post1 ,grundriss der ethnol4 ,jurisprudenz1 i4 #bac4 ,footnote #ff3 ,nelson1 ',eskimo about ,bering ,strait1' in ,ann4 ,rep4 ,bur4 ,ethn4 xviii4 #cjg4 ,dawson1 ,australian ,aborigines1 p4 #g 7certain tribes of ,western ,victoria74 ,hunt1 ',ethnogr4 ,notes on the ,murray ,islands1 ,torres ,straits1' in ,jour4 ,anthr4 ,inst4 xxviii4 #g4 ,grange1 ',journal of an ,expedition into the ,naga ,hills1' in ,jour4 ,asiatic ,soc4 ,bengal1 ix4 pt4 ii4 #ifd4 ,mason1 ibid4 xxxvii4 pt4 ii4 #adb 7,karens74 ,post1 ,entwicklungsgeschichte des ,familienrechts1 p4 #cjc sqq4 ,footnote #fg3 ,dalager1 op4 cit4 pp4 #bi1 #ca2 ,cranz1 op4 cit4 i4 #agf 7,greenlanders74 ,risley1 op4 cit4 p4 #bjc 7,limbus of ,nepal74 ,macpherson1 op4 cit4 p4 #fb 7,kandhs74 ,soppitt1 op4 cit4 p4 #af 7,kukis74 ,fryer1 op4 cit4 p4 #f 7,khyens74 ,junghuhn1 op4 cit4 ii4 #adg 7,bataks74 ,gill1 ,life in the ,southern ,isles1 p4 #df4 ,polack1 op4 cit4 ii4 #fi2 ,colenso1 op4 cit4 p4 #cc 7,maoris74 ,munzinger1 ,die ,sitten und das ,recht der ,bogos1 pp4 #fi1 #gc sq4 ,paulitschke1 op4 cit4 p4 #aib 7,gallas74 ,hollis1 ,masai1 p4 #cji2 ,hinde1 op4 cit4 pp4 #ea1 #aje 7,masai74 ,volkens1 ,der ,kilimandscharo1 p4 #bec 7,wadshagga74 ,kingsley1 ,travels in ,west ,africa1 p4 #dhe 7some ,west ,african tribes74 ,bosman1 op4 cit4 pp4 #agc 7natives of the ,gold ,coast71 #cbb 7natives of the ,slave ,coast74 ,leuschner1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #bj 7,bakwiri74 ,mademba1 ibid4 p4 #ha 7pagan ,bambara74 ,desoignies1 ibid4 p4 #bgf 7,msalala74 ,marx1 ibid4 p4 #cee 7,amahlubi71 ,chanler1 ,through ,jungle and ,desert1 p4 #caf 7,rendile71 ,post1 ,afrikanische ,jurisprudenz1 ii4 #ab sqq4 ,idem1 ,grundriss der ethnol4 ,jurisprudenz1 i4 #bag1 #bah1 #bbj sq4 ,footnote #fh3 ,proyart1 ',history of ,loango1' in ,pinkerton1 ,collection of ,voyages and ,travels1 xvi4 #ega4 ,footnote #fi3 ,kingsley1 ,west ,african ,studies1 p4 #cgc sq4 7some ,west ,african tribes74 ,sorge1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #dac 7,nissan ,islanders74 ,footnote #gj3 ,risley1 op4 cit4 p4 #bbg 7,lusheis74 ,avebury1 ,origin of ,civilisation1 p4 #dic sqq4 ,post1 ,grundriss1 der ethnol4 ,jurisprudenz1 i4 #bah1 #bba sq4 ,liebrecht1 ,zur ,volkskunde1 p4 #dcb4 ,footnote #ga3 ,tickell1 ',memoir on the ,hodsum1' in ,jour4 ,asiatic ,soc4 ,bengal1 ix4 pt4 ii4 #gid1 n499 ,footnote #gb3 ,risley1 op4 cit4 p4 #bjc4 ,cf4 ,mason1 in ,jour4 ,asiatic ,soc4 ,bengal1 xxxvii4 pt4 ii4 #adb 7,karens74 ,footnote #gc3 ,nelson1 in ,ann4 ,rep4 ,bur4 ,ethn4 xviii4 #cjg4 ,footnote #gd3 ,dalager1 op4 cit4 p4 #cc4 ,footnote #ge3 ,denham and ,clapperton1 quoted in ,spencer's ,descriptive ,sociology1 ,african ,races1 p4 #h4 ,footnote #gf3 ,stewart1 in ,jour4 ,asiatic ,soc4 ,bengal1 xxiv4 #fdj4 ,footnote #gg3 ,hodgson1 ,miscellaneous ,essays1 i4 #abb4 ,footnote #gh3 ,burton1 ,lake ,regions of ,central ,africa1 ii4 #bc sq4 ,cf4 ,post1 ,afrikanische ,jurisprudenz1 ii4 #f4 ,footnote #gi3 ,nicole1 in ,steinmetz1 ,rechtsverhltnisse1 pp4 #aae1 #aai 7,diakit-,sarracolese74 ,lang1 ibid4 pp4 #bch1 #bdb 7,washambala74 ,kraft1 ibid4 pp4 #bhi1 #bia 7,wapokomo74 ,rautanen1 ibid4 p4 #cce 7,ondonga74 ,post1 ,grundriss der ethnol4 ,jurisprudenz1 i4 #chc4 ,footnote #hj3 ,munzinger1 ,die ,sitten und das ,recht der ,bogos1 p4 #gc4 ,steinmetz1 ,rechtsverhltnisse1 p4 #dc 7,banaka and ,bapuku74 ,mademba1 ibid4 p4 #hc 7natives of the ,sansanding ,states74 ,post1 ,grundriss der ethnol4 ,jurisprudenz1 i4 #chc4 ,at higher stages of civilisation the rules of inheritance present the same characteristics as among many savages4 ,during historic times1 at least1 the nations of culture have reckoned kinship through the father1 and succession has been agnatic4#ha ,in ,china women only inherit in the very last resort1 failing all male relatives4#hb ,among the ,hebrews1 in ancient times1 only sons1 not daughters1 still less wives1 could inherit2#hc but the later law conferred on daughters the right of heirship in the absence of sons4#hd ,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 deceased2#he but according to the old law of ,medina women could not inherit at all4#hf ,of all the ancient nations with whose rules of inheritance we are acquainted1 the ,romans seem to have been the only one who gave daughters the same right of inheritance as sons4#hg ,in ,india women had originally no such right at all1 but in this1 as in other matters relating to property1 their position subsequently improved4#hh ,in ,attic law sons excluded #dh daughters from succession1#hi and the same was the case among the ,scandinavian peoples still in the later ,middle ,ages4#ij ,in ,england women are even to this day postponed to men in the order of succession to real property4#ia ,special privileges in the division of the father's property were granted to the eldest son by the ,hebrews#ib and ,hindus1#ic and traces of primogeniture are met with in ancient ,greek legislation4#id ,in the history of ,english law we find not only primogeniture1 but ultimogeniture as well4#ie ,as regards the question of legitimacy1 we notice that in ,china all sons born in the household have an equal share in the inheritance1 whether born of the principal wife or a concubine or a domestic slave4#if ,among the ,hebrews the sons of concubines had a right of inheritance1#ig but whether on an equality with the other sons we do not know4#ih ,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 master1 if the master acknowledge the child to be his own4#ii ,in ,hindu legislation the legitimate #di sons have the nearest right to the inheritance of their father1 but a son begotten by a ,sdra on a female slave may1 if permitted by his father1 take a share of it4#ajj ,the ,roman law on the subject may be summed up thus3--,with regard to its father a natural child has no right at all1 and differs in no respect from a stranger2 with regard to its mother it has the same right as a legitimate child4#aja ,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 felt1 depriving them of all title to inheritance4#ajb ,strangers were formerly unable both to inherit and to transmit property4 ,for a long time it was the custom in ,europe to confiscate their effects on their death2 and not only persons who were born in a foreign country were subject to this droit d'aubaine1 as it was called in ,france1 but in some countries it was applied even to persons who removed from one diocese to another1 or from the lands of one baron to another4#ajc ,indeed1 it is only in recent times that foreigners have been placed on a footing of equality with citizens with regard to inheritance4 ,in #agij the ,french ,national ,assembly abolished the right of aubaine as being contrary to the principle of a human brotherhood4#ajd ,later on1 when the ,code ,napolon was drawn up1 a backward step was taken by restricting the abolition of this right to nations who acted with reciprocity2 but this limitation only lasted till #ahai1 when all inequalities were finally removed in ,france4#aje ,in ,england it was not until #ahgj that foreigners were authorised to inherit and bequeath like ,british subjects4#ajf ,footnote #ha3 ,see ,westermarck1 op4 cit4 p4 #ajd4 ,footnote #hb3 ,alabaster1 ',law of ,inheritance1' in ,china ,review1 v4 #aic4 ',inheritance and ,patria ,potestas in ,china1' ibid4 v4 #djf4 ,footnote #hc3 ,genesis1 xxxi4 #ad sq4 ,numbers1 xxvii4 #d4 ,gans1 ,das ,erbrecht in weltgeschichtlicher ,entwickelung1 i4 #adg4 ,benzinger1 ',law and ,justice1' in ,cheyne and ,black1 ,encyclopdia ,biblica1 iii4 #bgbh4 ,footnote #hd3 ,numbers1 xxvii4 #h4 ,gans1 op4 cit4 i4 #adg4 ,benzinger1 loc4 cit4 p4 #bgbi4 ,it is only by exceptional favour that the daughters inherit along with the sons 7,job1 xlii4 #ae74 ,footnote #he3 ,koran1 iv4 #ab1 #age4 ,lane1 ,manners and ,customs of the ,modern ,egyptians1 p4 #aaf sq4 ,kohler1 ,rechtsvergleichende ,studien1 p4 #ajb sqq4 ,footnote #hf3 ,robertson ,smith1 ,kinship and ,marriage in ,early ,arabia1 pp4 #fe1 #aag4 ,footnote #hg3 ,gans1 op4 cit4 ii4 #cfg sq4 ,gide1 tude sur la condition prive de la femme1 p4 #ajb4 ,footnote #hh3 ,jolly1 loc4 cit4 pp4 #hc1 #hf4 ,kohler1 ',indisches ,ehe- und ,familienrecht1' in ,zeitschr4 f4 vergl4 ,rechtswiss4 iii4 #dbd sqq4 ,leist1 ,alt-arisches ,jus ,civile1 ii4 #dh4 ,footnote #hi3 ,gans1 op4 cit4 i4 #cch1 #cda4 ,gide1 op4 cit4 p4 #gi4 ,footnote #ij3 ,nordstrm1 ,bidrag till den svenska samhlls-frfattningens historia1 ii4 #ie1 #aij4 ,stemann1 ,den danske ,retshistorie indtil ,christian ,v4's ,lov1 p4 #caa sq4 ,keyser1 ,efterladte ,skrifter1 ii4 pt4 i4 #ccj1 #cci4 ,footnote #ia3 ,renton1 ,encyclopdia of the ,laws of ,england1 xi4 #ge4 ,footnote #ib3 ,deuteronomy1 xxi4 #ag4 ,gans1 op4 cit4 i4 #adh4 ,benzinger1 in ,cheyne and ,black1 ,encyclopdia ,biblica1 iii4 #bgbi4 ,mr4 ,jacobs suggests 7,studies in ,biblical ,archology1 p4 #di sqq47 that ultimogeniture was once the rule in early ,hebrew society1 and was succeeded by primogeniture only when the ,israelites exchanged their roving life for one in which sons became more stay-at-home4 ,footnote #ic3 pastamba1 ii4 #f4 #ad4 #f1 #ab4 ,laws of ,manu1 ix4 #aad4 ,jolly1 loc4 cit4 pp4 #gg1 #hb4 ,maine1 ,dissertations on ,early ,law and ,custom1 p4 #hi sq4 ,in ,china1 though sons inherit in equal shares1 it is not uncommon for the brothers to temporarily yield up their share to the elder brother1 either in whole or in part1 for the glory of the ,house 7',inheritance and ,patria ,potestas in ,china1' in ,china ,review1 v4 #djf2 cf4 ,doolittle1 ,social ,life of the ,chinese1 ii4 #bbd2 ,davis1 ,china1 i4 #cdc74 ,footnote #id3 ,fustel de ,coulanges1 op4 cit4 p4 #ii4 ,footnote #ie3 ,elton1 ,origins of ,english ,history1 p4 #agh sqq4 ,pollock and ,maitland1 ,history of ,english ,law till the ,time of ,edward ,i4 ii4 #bfc sqq4 ,the custom of ultimogeniture has also been traced in ,wales1 parts of ,france1 ,germany1 ,friesland1 ,scandinavia1 ,russia1 and ,hungary 7,elton1 op4 cit4 p4 #ahj sqq42 ,liebrecht1 op4 cit4 p4 #dca sq474 ,footnote #if3 ,parker1 ',comparative ,chinese ,family ,law1' in ,china ,review1 viii4 #gi4 ',inheritance and ,patria ,potestas in ,china1' ibid4 v4 #djf4 ,medhurst1 ',marriage1 ,affinity1 and ,inheritance in ,china1' in ,trans4 ,roy4 ,asiatic ,soc4 ,china ,branch1 iv4 #ca4 ,simcox1 ,primitive ,civilizations1 ii4 #cea4 ,footnote #ig3 ,genesis1 xxi4 #aj sqq4 ,footnote #ih3 ,benzinger1 in ,cheyne and ,black1 ,encyclopdia ,biblica1 iii4 #bgbi4 ,footnote #ii3 ,lane1 ,modern ,egyptians1 p4 #aah4 ,footnote #ajj3 ,jolly1 loc4 cit4 p4 #he4 ,laws of ,manu1 ix4 #agi4 ,footnote #aja3 ,gide1 op4 cit4 p4 #efg sqq4 ,footnote #ajb3 ,nordstrm1 op4 cit4 ii4 #fg1 #bjj sqq4 ,see also ,alard1 ,condition et droits des enfants naturels1 pp4 #i1 #aa2 supra1 i4 #dg4 ,footnote #ajc3 ,brussel1 ,nouvel examen de l'usage gnral des fiefs en ,france1 ii4 #idd sqq4 de ,laurire1 ,glossaire du droit franois1 p4 #dg sq4 ,demangeat1 ,histoire de la condition civile des trangers en ,france1 p4 #ajg sqq4 ,footnote #ajd3 ,demangeat1 op4 cit4 p4 #bci4 ,footnote #aje3 ,ibid4 p4 #bej sqq4 ,footnote #ajf3 ,naturalisation ,act1 #ahgj1 #b4 ,besides acquisition by occupation1 possession for a certain length of time1 labour1 voluntary transfer1 and inheritance1 there are instances in which ownership in a #ej thing directly follows from ownership in another thing4 ,it is a general rule that the owner of an object also owns what develops from or is produced by it4#ajg ,the owner of a cow owns her calf1 the owner of a tree its fruits1 the owner of a piece of land anything growing on it1 at least if no labour has been necessary for its production4 ,ownership in land also gives a certain right to the wild animals which are found there4 ,among the ,fantis1 for instance1 if anybody kills game on another person's land1 its proprietor is entitled to the shoulder or a quarter of such game4#ajh ,in this connection we have further to notice the mode of acquisition which the ,roman jurists called accessio4 ,when that which belongs to one person is so intermixed with the property of another1 that either it cannot be separated at all1 or cannot be separated without inflicting damage out of proportion to the gain1 the owner of the principal becomes the owner of the accessory1 though1 as a rule1 he would have to pay compensation for it4#aji ,footnote #ajg3 ,see ,post1 ,grundriss der ethnol4 ,jurisprudenz1 ii4 #fab2 ,goos1 ,forelsninger over den almindelige ,retslre1 ii4 #aei sqq4 ,footnote #ajh3 ,sarbah1 op4 cit4 p4 #dh4 ,footnote #aji3 ,hunter1 ,roman ,law1 p4 #bdg sq4 ,all these methods of acquisition apply not only to individual property1 but to common property as well4 ,occupation may establish ownership whether there be many occupants or only one2 joint labour may lead to joint ownership in the produce2 property may be transferred to a body of persons as well as to a single individual4 ,but the custom which prescribes community of goods may also itself be an independent method of acquisition3 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 association4 ,communism of one kind or another is undoubtedly a very ancient institution1#aaj though its prevalence at the lower stages of civilisation has often been exaggerated4#aaa ,but the whole question of #ea common ownership is too complicated and lies too much apart from our special subject to admit of a detailed treatment4 ,footnote #aaj3 ,cf4 ,kovalewsky1 ,tableau des origines et de l'volution de la famille et de la proprit1 p4 #ea sqq4 ,footnote #aaa3 ,dr4 ,dargun 7in ,zeitschr4 f4 vergl4 ,rechtswiss4 v4 #gf1 c47 even goes so far as to say that savages know of no other property but such as belongs to individuals2 but this statement is hardly justified by facts4 99 99 99 99 99 ,from the statement of facts we shall now proceed to an explanation of these facts4 ,first1 why do men recognise proprietary rights at all8 ,why do the moral feelings of mankind grant to certain persons a right to the exclusive disposal of certain things1 in other words1 why does the disposal of an object without the consent of the person called its owner give rise to moral disapproval8 ,the right of property1 it is true1 is generally used as a term for a legal right4 ,but in this1 as in so many other cases1 the legal right is essentially a formulated expression of moral feelings4 ,as ,mr4 ,spencer observes1 the desire to appropriate1 and to keep that which has been appropriated1 lies deep not only in human but in animal nature1 being1 indeed1 a condition of survival4#aab ,sticklebacks show obvious signs of anger when their territory is invaded by other sticklebacks4#aac ,birds defend their nests against the attacks of intruders4#aad ,the dog fights for his kennel or for the prey he has caught4 ,a monkey in the ,zoological ,gardens of ,london1 which made use of a stone to open nuts1 always hid it in the straw after using it1 and would not allow any other monkey to touch it4#aae ,we find the same propensity in man from his earliest years4 ,at the age of two1 ,tiedemann's son did not let his sister sit on his chair or take any of his clothes1 though he had no scruples against appropriating things which belonged to her4#aaf ,owing to this tendency to keep an appropriated object1 and to resist its abstraction1 it is dangerous for an individual to try to seize anything held by another of about equal strength2 #eb and in human societies this naturally led to the habit of leaving each in possession of whatever he had attained1 especially in early times when the objects possessed were of little value1 and there was no great inequality of wealth4#aag ,this habit was further strengthened by various circumstances1 all of which tended to make interference with other persons' possessions the subject of moral censure4 ,from both prudential and altruistic motives parents taught their children to abstain from such interference1 and this1 by itself1 would readily give rise to the notion of theft as a moral wrong4 ,society at large also tried to prevent acts of this kind1 partly in order to preserve peace and order1 partly out of sympathy with the possessor4 ,resentment is felt not only by him who is deprived of his possession1 but by others on his behalf4 ,this is seen even among some of the lower animals4 ,the ,pomeranian dogs of ,german carters watch the goods of their masters2#aah ,mr4 ,romanes's terrier protected meat from other terriers1 his offspring1 which lived in the same house with him1 and with which he was on the very best of terms2#aai ,captain ,gordon ,stables's cat1 which had her place on the table at meals1 never allowed any unauthorised interference with the viands4#abj ,in men such sympathetic resentment naturally develops into genuine moral disapproval4 ,footnote #aab3 ,spencer1 ,principles of ,sociology1 ii4 #fdd4 ,footnote #aac3 ,supra1 i4 #bb4 ,footnote #aad3 ,perty1 ,das ,seelenleben der ,thiere1 p4 #fh4 ,footnote #aae3 ,darwin1 ,descent of ,man1 i4 #abe4 ,see also ,fischer1 ',notes sur l'intelligence des singes1' in ,revue scientifique1 xxxiii4 #fah4 ,footnote #aaf3 ,compayr1 ,l'volution intellectuelle et morale de l'enfant1 p4 #cab4 ,footnote #aag3 ,cf4 ,spencer1 ,principles of ,sociology1 ii4 #fcd1 #fdd2 ,dargun1 in ,zeitschr4 f4 vergl4 ,rechtswiss4 v4 #gi sq42 von ,martius1 ,beitrge zur ,ethnographie ,amerika's1 i4 #hh1 #ij4 ,footnote #aah3 ,peschel1 ,races of ,man1 p4 #bdj4 ,footnote #aai3 ,romanes1 ',conscience in ,animals1' in ,quarterly ,journal of ,science1 xiii4 #aef1 n499 ,footnote #abj3 ',studies in ,animal ,life1' in ,chambers's ,journal1 #ahhd1 p4 #hbd4 ,all this applies not only to proprietary rights based on occupation1 but also to the principle of continued possession as a ground of ownership4 ,indeed1 the longer a person is in possession of a certain object1 the more apt are both he and other individuals to resent its alienation2 whereas the loss or abandonment of a thing has a tendency to loosen the connection between the thing and its owner4#aba ,this is undoubtedly the chief source of the rule of prescription1 #ec though there may be other circumstances as well which help to justify it4 ,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 of1 and the real character of the transaction can no longer be cleared up2#abb whilst another argument adduced in favour of prescription is1 that long possession generally implies labour and that labour gives ownership4#abc ,the reason why property is gained by labour is obvious enough4 ,not only do exertions in producing an object make the producer desirous to keep it and to have the exclusive disposal of it1 but an encroachment upon the fruit of his labour arouses sympathetic resentment in outsiders1 who feel that an effort deserves its reward4 ,footnote #aba3 ,cf4 ,hume1 ,treatise of ,human ,nature1 ii4 #c 7,philosophical ,works1 ii4 #bgd73--,what has long lain under our eye1 and has often been employed to our advantage1 that we are always the most unwilling to part with4 ,footnote #abb3 ,mill1 ,principles of ,political ,economy1 i4 #bgb4 ,footnote #abc3 ,thiers1 op4 cit4 p4 #ajc sqq4 ,as the recognition of ownership thus ultimately springs from a desire in the owner to keep and dispose of what he has appropriated or produced1 it is evident that1 in ordinary circumstances1 there would be no moral disapproval of a voluntary transfer of property to another person4 ,but the case is different if such a transfer is injurious to the interests of persons who have a special claim to consideration4 ,thus testation is frequently held to be inconsistent with the duties which parents owe to their children or other near relatives to one another4 ,the father1 though the lord of the family's possessions1 may indeed be regarded only as the first magistrate of an association1 and in such a case his share in the division naturally devolves on the member of the family who succeeds to his authority4#abd ,the right of inheritance1 then1 may be intimately connected with the idea that the heir was1 in a manner1 joint owner of the deceased person's property already during his lifetime4#abe ,but there are #ed various other facts which account for the existence of this right4 ,in early civilisation the rule of succession is part of a comprehensive system of rights and duties which unite persons of the same kin4 ,professor ,robertson ,smith observes that in ancient ,arabia all persons on whom the duty of blood-revenge lay originally had the right of inheritance2#abf and a similar connection between inheritance and blood-revenge is found among other peoples4 ,this system of mutual rights and duties is generally one-sided1 it has reference either to paternal or to maternal relatives1 but not to both at once4 ,now1 whatever be the reason why the one or the other method of reckoning kinship prevails among a certain people1 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 refers4 ,besides1 the duty connected with this right may also be of such a nature as to require a certain amount of wealth for its performance2 among the ,hindus1 ,greeks1 and ,romans1 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 spirit4#abg ,a further cause of children inheriting their father's property may be that they1 to some extent1 have previously been in joint possession of it2 for1 as we know1 possession readily leads to ownership4 ,they would have an additional claim to succeed to his property when it had been gathered by their labour1 as well as his1 or when they stood in need of the support which it had been the father's duty to give them had he been alive4 ,moreover1 where a person's children are present on the spot at his death1 they are apt to be the first occupants of his #ee property2#abh and we have noticed the importance of first occupancy as a means of establishing proprietary rights4 ,the influence of these latter considerations1 which are independent of the method of tracing descent1 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 clan4#abi ,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 done1 if he had done anything4#acj ,footnote #abd3 ,plato1 ,leges1 xi4 #ibc4 ,maine1 ,ancient ,law1 p4 #ahd4 ,fustel de ,coulanges1 op4 cit4 p4 #he4 ,leist1 ,alt-arisches ,jus ,civile1 ii4 #dh4 ,mill1 op4 cit4 i4 #bgd4 ,kovalewsky1 ,coutume contemporaine et loi ancienne1 p4 #aih 7,ossetes74 ,footnote #abe3 ,it is interesting to note that in the ,chinese penal code stealing from a relative is punished less severely than other cases of theft1 and that the mitigation of the punishment is proportionate to the nearness of the relationship 7,ta ,tsing ,leu ,lee1 sec4 cclxxii4 p4 #bhg74 ,the reason for this is that1 according to the ,chinese patriarchal system1 a theft is not in this case a violation of an exclusive right1 but only of the qualified interest which each individual has in his share of the family property 7,staunton1 ibid4 p4 #bhg1 n49974 ,footnote #abf3 ,robertson ,smith1 ,kinship and ,marriage in ,early ,arabia1 pp4 #ee1 #ef1 #ff sq4 ,footnote #abg3 ,laws of ,manu1 ix4 #ahf sq4 ,isaeus1 ,oratio de ,philoctemonis hereditate1 #ea4 ,cicero1 ,de legibus1 ii4 #ai sq4 ,fustel de ,coulanges1 op4 cit4 p4 #hd4 ,maine1 ,ancient ,law1 p4 #aia sq4 ,footnote #abh3 ,cf4 ,mill1 op4 cit4 i4 #bgd4 ,footnote #abi3 ,westermarck1 ,history of ,human ,marriage1 pp4 #ajd1 #aaa4 ,footnote #acj3 ,hume1 ,treatise of ,human ,nature1 ii4 #c 7,philosophical ,works1 ii4 #bhj74 ,godwin1 ,enquiry concerning ,political ,justice1 ii4 #dch4 ,mill1 op4 cit4 i4 #bge4 ,in details the rules of succession are influenced by a variety of circumstances4 ,women may be excluded from inheritance or receive a smaller share than the men because the latter1 being the stronger party1 appropriate everything or the larger portion of the property for themselves2#aca or because the women are less in need of property1 being supported by their male relatives or husbands2#acb or because they are exempt from the heaviest duties connected with kinship1 as the duty of blood-revenge2#acc or1 as was the case in the feudal system1 because a female tenant is naturally unable to attend the lord in his wars2#acd or for the purpose of preventing the estate from passing to another family or tribe4#ace ,the idea of keeping together the property of the house also largely is at the bottom of the rule of primogeniture4 #ef ,besides1 the eldest son is the most respected among the children1 sometimes he is regarded quite as a sacred being4#acf ,on the death of the head of the family he is generally better suited than anybody else to take his place2 and his privileged position with regard to inheritance is justified by the duties connected with it1 especially the duty of looking after and supporting the other members of the household4#acg ,in feudalism1 where tenancy implied duties as well as rights1 it was also1 from the lord's point of view1 the simplest arrangement that when a tenant died a single person should fill the vacant place4#ach ,but there are many other points of view which may determine the rules of succession4 ,it may be thought just that each child should have an equal share in the inheritance1 and that something should be given also to the widow1 whose maintenance devolved on the husband and who1 whilst he was alive1 had been in joint possession of many of his belongings4 ,or the youngest son may be the chief or the exclusive heir1 partly perhaps for the sake of preventing a division of the property1 or because the lord would have but one tenant1#aci but partly also because he had remained with his father till his death1#adj or on the plea of his being less able to help himself on the death of the parents than his elder brethren1 who have had their father's assistance in settling themselves in the world during his lifetime4#ada ,the ,wanyamwezi1 again1 justify the practice of leaving property #eg to their illegitimate children by slave girls or concubines1 to the exclusion of their legitimate offspring1 by the fact of the former requiring their assistance more than the latter1 who have friends and relatives to aid them4#adb ,generally there seems to be a close connection between illegitimate children's right to inheritance and the legal recognition of polygamous practices4 ,this is indicated by a comparison between ,oriental and ,roman legislation on the subject1 and1 in ,teutonic countries1 between ancient custom and the later law1 which was influenced by ,christianity's horror of sexual acts falling outside the monogamous marriage relation4 ,the privileges which ,hindu law grants to the illegitimate children of ,sdras 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 connections4#adc ,footnote #aca3 ,cf4 ,campbell1 ,travels in ,south ,africa1 p4 #ebj 7,kafirs74 ,footnote #acb3 ,cf4 ,cranz1 op4 cit4 i4 #agf 7,greenlanders72 ,macpherson1 ,memorials of ,service in ,india1 p4 #fb 7,kandhs72 ,hinde1 op4 cit4 p4 #ea 7,masai72 ',inheritance and ,patria ,potestas in ,china1' in ,china ,review1 v4 #djf2 ,jolly1 loc4 cit4 p4 #hc 7ancient ,hindus72 ,post1 ,entwicklungsgeschichte des ,familienrechts1 p4 #bif sq42 ,idem1 ,grundriss der ethnol4 ,jurisprudenz1 i4 #bah sq4 ,footnote #acc3 ,cf4 ,robertson ,smith1 ,kinship and ,marriage in ,early ,arabia1 p4 #fe sq42 ,stemann1 ,den danske ,retshistorie indtil ,christian ,v4's ,lov1 p4 #caa sq4 ,footnote #acd3 ,cf4 ,cleveland1 ,woman under the ,english ,law1 p4 #hc4 ,footnote #ace3 ,shortland1 ,traditions and ,superstitions of the ,new ,zealanders1 p4 #bef4 ,kingsley1 ,travels in ,west ,africa1 p4 #dhe4 ,post1 ,grundriss der ethnol4 ,jurisprudenz1 i4 #bad4 ,cf4 ,numbers1 xxxvi4 #a sqq4 ,footnote #acf3 ,supra1 i4 #fje1 #fjf1 #fad4 ,gill1 ,life in the ,southern ,isles1 p4 #df sq4 ,footnote #acg3 ,dalager1 op4 cit4 pp4 #bi1 #ca2 ,cranz1 op4 cit4 i4 #agf 7,greenlanders74 ,munzinger1 ,die ,sitten und das ,recht der ,bogos1 p4 #gd4 ,hinde1 op4 cit4 p4 #ea 7,masai74 ,of the ,bagdis of ,bengal ,mr4 ,risley expressly says 7op4 cit4 p4 #ahc7 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 family1 who remain under his care4 ,footnote #ach3 ,pollock and ,maitland1 op4 cit4 ii4 #bgd4 ,footnote #aci3 ,ibid4 ii4 #bhj4 ,footnote #adj3 ,risley1 op4 cit4 p4 #bbg 7,lusheis74 ,among the ,angami ,nagas the youngest son nearly always inherits his father's house1 because sons1 when marrying1 leave the paternal mansion and build houses of their own 7ibid4 p4 #bji74 ,it has been suggested that the custom of ultimogeniture would naturally arise during the latter stages of the pastoral period1 when the elder sons would in the ordinary course of events have 'set up for themselves' by the time of the father's death 7,jacobs1 ,studies in ,biblical ,archology1 p4 #dg2 ,gomme1 quoted ibid4 p4 #dg1 n4 #a2 ,blackstone1 ,commentaries on the ,laws of ,england1 ii4 #gj sq474 ,footnote #ada3 ,tickell1 in ,jour4 ,asiatic ,soc4 ,bengal1 ix4 pt4 ii4 #gid1 n499 ,footnote #adb3 ,burton1 ,lake ,regions of ,central ,africa1 ii4 #bc sq4 ,footnote #adc3 ,jolly1 loc4 cit4 p4 #he4 ,of the incapacity of children1 wives1 and slaves to acquire property for themselves little needs to be said1 in the present connection1 by way of explanation4 ,their exclusion from the right of independent ownership is an incident of their subjection to their parents1 husbands1 or masters4 ,but we must remember that1 whilst the latter have a right to dispose of the earnings of their subordinates1 they also have the duty of supporting them1 and that in early civilisation the child and the wife1 sometimes even the slave1#add are practically1 as it were1 joint owners of goods which in theory belong to the head of the family alone4 ,footnote #add3 ,volkens1 op4 cit4 p4 #bdi 7,wadshagga74 ,we have still to explain the variations of moral judgments with regard to different acts of theft4 ,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 owner4 ,but in many cases1 when the injury is very slight1 the appropriation of another person's property is #eh justified by the needs of him who took it4 ,and frequently1 also1 the condemnation of the thief is more concerned with his encroachment upon a neighbour's right than with measuring the exact amount of harm inflicted4 ,among the ,basutos1 says ,casalis1 the idea of theft is expressed by a generic word which refers to the violation of right1 much more than to the damage caused4#ade ,burglary is regarded as an aggravated form of theft partly because it adds a fresh offence1 the illicit entering into another person's house1 to that against property1 partly because it proves great premeditation in the offender4#adf ,robbery is likewise a double offence1 implying1 as it does1 an act of violence1 and may on that account be more severely censured than ordinary theft2 but in other cases the courage and strength displayed by the robber is looked upon as a mitigating circumstance1 and sometimes substitutes admiration for disapproval1 whereas the secret offender is despised as a coward4 ,so1 too1 the secrecy of nocturnal theft may aggravate the crime1 whilst at the same time the difficulty in providing against it may induce society to increase the punishment4 ,but men are apt to admire not only bravery and force1 but also dexterity and pluck1 hence the appreciation of adroit theft4 ,the same tendency in some measure accounts for the distinction between manifest and non-manifest theft2 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 commission4#adg ,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 injuries2 and so is the distinction between offences against the property of a tribesman or fellow-countryman and offences against the property of a stranger4 ,the theory of the ,roman jurists according to which the property of an enemy in war belongs to nobody as long as the hostilities last1 and therefore becomes the property of the #ei captor by the right of occupation1#adh 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 strangers4 ,when men at an early stage of civilisation respect a stranger's property the motive is undoubtedly in the main prudential4 ,savages may be anxious to prevent theft from a neighbouring tribe in order to avoid disagreeable consequences4#adi ,and ,i venture to think that the honesty they often display with regard to objects belonging to strangers who visit them1 and especially with regard to things left in their charge1#aej largely springs from superstitious fear4 ,we have noticed before that even the acceptance of gifts is supposed to be connected with supernatural danger1 owing to the baneful magic energy with which the gift is suspected to be saturated4#aea ,would not the same apply to the illicit appropriation of a stranger's belongings1 and especially to trusts1 which naturally call for great precaution on the part of the owner8 ,this leads us to a subject of considerable importance in the history of property1 namely1 the influence which magic and religious beliefs have exercised on the regard for proprietary rights4 ,footnote #ade3 ,casalis1 ,basutos1 p4 #cjd4 ,footnote #adf3 ,cf4 ,wilda1 op4 cit4 p4 #hgh 7ancient ,teutons74 ,footnote #adg3 ,supra1 i4 #bid4 ,footnote #adh3 ,hunter1 ,roman ,law1 p4 #beg4 ,puchta1 op4 cit4 ii4 #bbj4 ,footnote #adi3 ,sproat1 ,scenes and ,studies of ,savage ,life1 p4 #aei 7,ahts74 ,scott ,robertson1 ,kfirs of the ,hindu-,kush1 p4 #ddj4 ,footnote #aej3 ,see1 besides statements referred to above1 ,lumholtz1 ,unknown ,mexico1 i4 #dbj1 and ii4 #dgg2 ,nordenskild1 ,vegas frd kring ,asien och ,europa1 ii4 #adj sq4 7,chukchi72 ,worcester1 ,philippine ,islands1 p4 #dac 7,mangyans72 ,colenso1 op4 cit4 p4 #dc 7,maoris72 ,macdonald1 ,light in ,africa1 p4 #bab 7,bantu72 ,campbell1 ,travels in ,south ,africa1 p4 #eag1 and ,leslie1 ,among the ,zulus and ,amatongas1 p4 #bja 7,kafirs74 ,footnote #aea3 ,supra1 i4 #eic sq4 ,theft is not only punished by men1 but is supposed to be avenged by supernatural powers4 ,the ,alfura of ,halmahera are said to be honest only because they fear that they otherwise would be subject to the punishment of spirits4#aeb ,the natives of ,efate1 in the ,new ,hebrides1 maintained that theft was condemned by their gods4#aec ,in ,aneiteum1 another island belonging to the same group1 thieves were supposed to be punished after death4#aed ,in ,netherland ,island they #fj were said to go to a prison of darkness under the earth2#aee according to the beliefs of the ,banks ,islanders they were excluded from the true ,panoi or ,paradise4#aef ,on the ,gold ,coast1 if a man had property stolen from his house1 he might go to the priest of the local deity he was accustomed to worship1 state the loss that had befallen him1 make an offering of a fowl1 rum1 and eggs1 and ask the priest to supplicate the god to punish the thief4#aeg ,in ,southern ,guinea fetishes are inaugurated to detect and punish certain kinds of theft1 and persons who are cognisant of such crimes and do not give information about them are also liable to be punished by the fetish4#aeh ,the ,bechuanas speak of an unknown being1 vaguely called by the name of ,lord and ,master of things 7,mongalinto71 who punishes theft4 ,one of them said3 ,when it thunders every one trembles2 if there are several together1 one asks the other with uneasiness1 ,is there any one amongst us who devours the wealth of others8 ,all then spit on the ground saying1 ,we do not devour the wealth of others4 ,if a thunderbolt strikes and kills one of them1 no one complains1 no one weeps2 instead of being grieved1 all unite in saying that the ,lord is delighted 7that is to say1 he has done right7 with killing that man2 we also say that the thief eats thunderbolts1 that is to say1 does things which draw down upon men such judgments4#aei ,footnote #aeb3 ,kkenthal1 ,forschungsreise in den ,molukken1 p4 #ahh4 ,footnote #aec3 ,macdonald1 ,oceania1 p4 #bjh4 ,footnote #aed3 ,turner1 ,samoa1 p4 #cbf4 ,footnote #aee3 ,ibid4 p4 #cja4 ,footnote #aef3 ,codrington1 ,melanesians1 p4 #bgd4 ,footnote #aeg3 ,ellis1 ,tshi-speaking ,peoples of the ,gold ,coast1 p4 #ge4 ,see also ,cruickshank1 op4 cit4 ii4 #aeb1 #afj1 #ahd2 ,schultze1 ,der ,fetischismus1 p4 #ia4 ,footnote #aeh3 ,wilson1 ,western ,africa1 p4 #bge4 ,footnote #aei3 ,arbousset and ,daumas1 ,exploratory ,tour to the ,north-,east of the ,colony of the ,cape of ,good ,hope1 p4 #cbb sq4 ,according to the ,zoroastrian ,yasts1 ,rashnu ,razista was the best killer1 smiter1 destroyer of thieves and bandits4#afj ,in ,greece ,zeus ,greek3 kt_/sios was a guardian of the family property2#afa and according to a ,roman tradition the domestic god repulsed the robber and kept off the enemy4#afb ,the removing of landmarks #fa has frequently been regarded as sacrilegious4#afc ,it was strictly prohibited by the religious law of the ,hebrews4#afd ,in ,greece boundaries were protected by ,zeus ,greek3 o7_/rios4 ,plato says in his ',laws'3--,let no one shift the boundary line either of a fellow-citizen who is a neighbour1 or1 if he dwells at the extremity of the land1 of any stranger who is conterminous with him4 4 4 4 ,every one should be more willing to move the largest rock which is not a land mark1 than the least stone which is the sworn mark of friendship and hatred between neighbours2 for ,zeus1 the god of kindred1 is the witness of the citizen1 and ,zeus1 the god of strangers1 of the stranger1 and when aroused terrible are the wars which they stir up4 ,he who obeys the law will never know the fatal consequences of disobedience1 but he who despises the law shall be liable to a double penalty1 the first coming from the ,gods1 and the second from the law4#afe ,the ,romans worshipped ,terminus or ,jupiter ,terminalis as the god of boundaries4#aff ,according to an old tradition1 ,numa directed that every one should mark the bounds of his landed property by stones consecrated to ,jupiter1 that yearly sacrifices should be offered to them at the festival of the ,terminalia1 and that1 if any person demolished or displaced these bound-stones1 he should be looked upon as devoted to this god1 to the end that anybody might kill him as a sacrilegious person with impunity and without being defiled with guilt4#afg ,in the higher religions theft of any kind is frequently condemned as a sin4 ,footnote #afj3 ,yasts1 xii4 #h4 ,footnote #afa3 ,aeschylus1 ,supplices1 #dde4 ,farnell1 ,cults of the ,greek ,states1 i4 #ee4 ,footnote #afb3 ,ovid1 ,fasti1 v4 #ada4 ,footnote #afc3 ,trumbull1 ,the ,threshold ,covenant1 p4 #aff sq4 ,footnote #afd3 ,deuteronomy1 xix4 #ad2 xxvii4 #ag4 ,proverbs1 xxii4 #bh2 xxiii4 #aj sq4 ,hosea1 v4 #aj4 ,cf4 ,job1 xxiv4 #b4 ,footnote #afe3 ,plato1 ,leges1 viii4 #hdb sq4 ,demosthenes1 ,oratio de ,halonneso1 #ci1 p4 #hf4 ,see also ,hermann1 ,disputatio de terminis eorumque religione apud ,grcos1 passim4 ,footnote #aff3 ,ovid1 ,fasti1 ii4 #fci sqq4 ,festus1 ,de verborum significatione ',termino4' ,lactantius1 ,divin ,institutiones1 i4 #aj 7,migne1 ,patrologi cursus1 vi4 #bbg sqq474 ,pauly1 ,real-,encyclopdie der classischen ,alterthumswissenschaft1 vi4 pt4 ii4 #agjg sqq4 ,fowler1 ,roman ,festivals of the ,period of the ,republic1 p4 #cbd sqq4 ,footnote #afg3 ,dionysius of ,halicarnassus1 ,antiquitates ,roman1 ii4 #gd4 ,plutarch1 ,numa1 xvi4 i4 ,festus1 op4 cit4 ',termino4' ,this religious sanction given to ownership is no doubt in some measure due to the same circumstances as1 in certain cases1 make morality in general a matter of divine #fb concern--a subject which will be dealt with in a future chapter4 ,but there are also special reasons which account for it4 ,partly it has its origin in magic practices1 particularly in the curse4 ,cursing is a frequent method of punishing criminals who cannot be reached in any other way4#afh ,in the ,book of ,judges we read of ,micah's mother who had pronounced a curse with reference to the money stolen from her1 and afterwards1 when her son had confessed his guilt1 hastened to render it ineffective by a blessing4#afi ,in early ,arabia the owner of stolen property had recourse to cursing in order to recover what he had lost4#agj ,in ,samoa the party from whom anything had been stolen1 if he knew not the thief1 would seek satisfaction in sitting down and deliberately cursing him4#aga ,the ,kamchadales think they can punish an undiscovered theft by burning the sinews of the stonebuck in a publick meeting with great ceremonies of conjuration1 believing that as these sinews are contracted by the fire so the thief will have all his limbs contracted4#agb ,among the ,ossetes1 if an object has been secretly stolen1 its owner secures the assistance of a sorcerer4 ,they proceed together to the house of any person whom they suspect1 the sorcerer carrying under his arm a cat1 which is regarded as a particularly enchanted animal4 ,he exclaims1 ,if thou hast stolen the article and dost not restore it to its owner1 may this cat torment the souls of thy ancestors6 ,and such an imprecation is generally followed by a speedy restitution of the stolen property4 ,again1 if their suspicions rest upon no particular individual1 they proceed in the same manner from house to house1 and the thief then1 knowing that his turn must come1 frequently confesses his guilt at once4#agc ,a common mode of detecting the perpetrator of a theft is to compel the suspected individual to make oath1 #fc that is to say1 to pronounce a conditional curse upon himself4#agd ,footnote #afh3 ,see1 e4g41 ,mason1 in ,jour4 ,asiatic ,soc4 ,bengal1 xxxvii4 pt4 ii4 #adi 7,karens74 ,footnote #afi3 ,judges1 xvii4 #b4 ,footnote #agj3 ,wellhausen1 ,reste arabischen ,heidentums1 p4 #aib4 ,footnote #aga3 ,turner1 ,nineteen ,years in ,polynesia1 p4 #cah4 ,footnote #agb3 ,krasheninnikoff1 ,history of ,kamschatka1 p4 #agi sq4 ,footnote #agc3 von ,haxthausen1 ,transcaucasia1 p4 #cih sq4 ,footnote #agd3 von ,struve1 in ,das ,ausland1 #ahhj1 p4 #gif 7,samoyedes74 ,worcester1 ,philippine ,islands1 p4 #dab 7,mangyans of ,mindoro74 ,turner1 ,nineteen ,years in ,polynesia1 p4 #bib sq4 7,samoans74 ,bosman1 op4 cit4 p4 #abe 7,negroes of the ,gold ,coast74 ,bowdich1 ,mission to ,ashantee1 p4 #bfg2 c4 ,cursing is resorted to not only for the purpose of punishing thieves or compelling them to restore what they have stolen1 but also as a means of preventing theft4 ,in the ,south ,sea ,islands it is a common practice to protect property by making it taboo1 and the tabooing of an object is1 as ,dr4 ,codrington puts it1 a prohibition with a curse expressed or implied4#age ,the curse is then1 in many cases1 deposited in some article which is attached to the thing or place it is intended to protect4 ,the mark of taboo1 in ,polynesia called rahui or raui1 sometimes consists of a cocoa-nut leaf plaited in a particular way1#agf sometimes of a wooden image of a man or a carved post stuck in the ground1#agg sometimes of a bunch of human hair or a piece of an old mat1#agh and so forth4 ,in ,samoa there were various forms of taboo which formed a powerful check on stealing1 especially from plantations and fruit-trees1 and each was known by a special name indicating the sort of curse which the owner wished would fall on the thief4 ,thus1 if a man desired that a sea-pike should run into the body of the person who attempted to steal1 say1 his bread-fruits1 he would plait some cocoa-nut leaflets in the form of a sea-pike1 and suspend it from one or more of the trees which he wanted to protect4 ,this was called the sea-pike taboo2 and any ordinary thief would be terrified to touch a tree from which this was suspended1 believing that1 if he did so1 a fish of the said description would dart up and mortally wound him the next time he went to the sea4 ,the white shark taboo was done by plaiting a cocoa-nut leaf in the form of a shark1 and was tantamount to an #fd expressed imprecation that the thief might be devoured by the white shark when he went to fish4 ,the cross-stick taboo1 again1 consisted of a stick suspended horizontally from the tree1 and meant that any thief touching the tree would have a disease running right across his body and remaining fixed there till he died4#agi ,exactly equivalent to the taboo of the ,pacific ,islanders is the pomali of the natives of ,timor2 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-traps1 spring-guns1 or a savage dog1 would do with us4#ahj ,among the ,santals1 whenever a person is desirous of protecting a patch of jungle from the axes of the villagers1 or a patch of grass from being grazed over1 or a newly sown field from being trespassed upon1 he erects a bamboo in his patch of grass or field1 to which is affixed a tuft of straw1 or in the case of jungle some prominent and lofty tree has the same prohibitory mark attached1 which mark is well understood and strictly observed by all parties interested4#aha ,so also in ,madagascar on rencontre sur les chemins1 on voit dans les champs de longs btons munis leur sommet d'un paquet d'herbes et qui sont plants en terre soit pour interdire le passage du terrain soit pour indiquer que les rcoltes sont rserves l'usage d'individus dtermins4#ahb ,among the ,washambala the owner of a field sometimes puts a stick wound round with a banana leaf on the road to it1 believing that anybody who without permission enters the field will be subject to the curse of this charm4#ahc ,the ,wadshagga protect a doorless hut against burglars by placing a banana leaf over the threshold1 and any maliciously inclined person who dares to step over it is supposed to get ill or die4#ahd ,the ,akka stick an arrow in a bunch of bananas still on the stalk to mark it as their own #fe when ripe1 and then not even the owner of the tree would think of touching the fruit so claimed by others4#ahe ,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 object4#ahf ,when a ,balonda has placed a beehive on a tree1 he ties a piece of medicine round the trunk1 and this will prove sufficient protection against thieves4#ahg ,jacob of ,edessa tells us of a ,syrian priest who wrote a curse and hung it on a tree1 that nobody might eat the fruit4#ahh ,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 it1 or by throwing them into the pool2#ahi and in modern ,palestine nobody dares to touch the piles of stones which are placed on the boundaries of landed property4#aij ,the old inhabitants of ,cuman on the ,caribbean ,sea used to mark off their plantations by a single cotton thread1 in the belief that anybody tampering with these boundary marks would speedily die4#aia ,a similar idea seems still to prevail among the ,indians of the ,amazon4 ,among the ,jurs a traveller noticed that in places where the hedge surrounding a field was broken1 it was replaced by a cotton string2 and when ,brazilian ,indians leave their huts they often wind a piece of the same material round the latch of the door4#aib ,sometimes they also hang baskets1 rags1 or flaps of bark on their landmarks4#aic ,in these and in various other instances just referred to it is not expressly stated that the taboo mark embodies a curse1 but their similarity to cases in which it does so is striking enough to #ff preclude much doubt about their real meaning4 ,it is true that an object which is sacred by itself may1 on that account1 protect everything in its neighbourhood2#aid in ,morocco any article deposited in the h4orm of a saint is safe1 and among pagan ,africans the same effect is produced by using fetishes as protectors of fields or houses4#aie ,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 loaded4 ,footnote #age3 ,codrington1 ,melanesians1 p4 #bae4 ,footnote #agf3 ,taylor ,white1 in ,jour4 ,polynesian ,soc4 i4 #bge4 ,footnote #agg3 ,hamilton1 ,maori ,art1 p4 #ajb2 ,thomson1 ,story of ,new ,zealand1 i4 #ajb2 ,polack1 op4 cit4 ii4 #gj 7,maoris74 ,ellis1 ,polynesian ,researches1 iii4 #aaf 7,tahitians74 ,footnote #agh3 ,thomson1 op4 cit4 i4 #ajb 7,maoris74 ,see also ,colenso1 op4 cit4 p4 #cd 7,maoris72 ,ellis1 ,polynesian ,researches1 iii4 #bja 7,tahitians74 ,footnote #agi3 ,turner1 ,nineteen ,years in ,polynesia1 p4 #bid sqq4 ,footnote #ahj3 ,wallace1 ,malay ,archipelago1 p4 #adi sq4 ,footnote #aha3 ,sherwill1 ',tour through the ,rjmahal ,hills1' in ,jour4 ,asiatic ,soc4 ,bengal1 xx4 #efh4 ,footnote #ahb3 van ,gennep1 ,tabou et totmisme ,madagascar1 p4 #ahd sqq4 ,footnote #ahc3 ,lang1 in ,steinmetz1 ,rechtverhltnisse1 p4 #bfc4 ,footnote #ahd3 ,volkens1 op4 cit4 p4 #bed4 ,footnote #ahe3 ,junker1 ,travels in ,africa during the ,years #ahhb-ahhf1 p4 #hf4 ,footnote #ahf3 ,decle1 op4 cit4 p4 #gg4 ,footnote #ahg3 ,livingstone1 ,missionary ,travels1 p4 #bhe4 ,footnote #ahh3 ,robertson ,smith1 ,religion of the ,semites1 p4 #afd1 n4 #a4 ,footnote #ahi3 ,ibid4 p4 #ccf1 n4 #a4 ,footnote #aij3 ,pierotti1 ,customs and ,traditions of ,palestine1 p4 #ie sq4 ,according to ,roman sources 7,digesta1 xlvii4 #aa4 #i71 there was in the province of ,arabia an offence called ,greek3 skopelismo_/s1 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 eorum1 qui scopulos posuissent2 and so great was the fear of such stones that nobody would go near a field where they had been put4 ,footnote #aia3 ,gomara1 ,primera parte de la historia general de las ,indias1 ch4 #gi 7,biblioteca de autores espaoles1 xxii4 #bjf74 ,footnote #aib3 von ,martius1 ,von dem ,rechtszustande unter den ,ureinwohnern ,brasiliens1 p4 #cg sq4 ,footnote #aic3 ,ibid4 p4 #cd4 ,footnote #aid3 ,cf4 van ,gennep1 op4 cit4 p4 #ahe 7natives of ,madagascar74 ,it was an ancient ,roman usage to inter the dead in the field belonging to the family1 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 7,fustel de ,coulanges1 op4 cit4 p4 #ge74 ,cicero says 7,pro domo1 #da7 that the house of each citizen was sacred because his household gods were there4 ,footnote #aie3 ,rowley1 ,africa ,unveiled1 p4 #agd4 ,bastian1 ,afrikanische ,reisen1 p4 #gh sq4 #c ,nassau1 ,fetichism in ,west ,africa1 p4 #he4 ,cf4 ,schneider1 ,die ,religion der afrikanischen ,naturvlker1 p4 #bcj4 ,if we knew the ceremonies with which magicians transform ordinary material objects into fetishes1 we might perhaps find that they charge them with curses4 ,dr4 ,nassau says 7op4 cit4 p4 #he73--;,for every human passion or desire of every part of our nature1 for our thousand necessities or wishes1 a fetich can be made1 its operation being directed to the attainment of one specified wish4 ,see also ,schultze1 ,der ,fetischismus1 p4 #aji4 ,we have previously noticed another method of charging a curse with magic energy1 namely1 by giving it the form of an appeal to a supernatural being4#aif ,so also spirits or gods are frequently invoked in curses referring to theft4 ,on the ,gold ,coast1 when the owner of land sees that some one has been making a clearing on his land1 he cuts the young inner branches of the palm tree and hangs them about the place where the trespass has been committed4 ,as he hangs each leaf he says something to the following effect3 ',the person who did this and did not make it known to me before he did it1 if he comes here to do any other thing1 may fetish ,katawere 7or ,tanor or ,fofie or other fetish7 kill him and all his family4'#aig ,in ,samoa1 in the case of a theft1 the suspected persons had to swear before the chiefs1 each one invoking the village god to send swift destruction if he had committed the crime2 and if all had sworn and the culprit was still undiscovered1 the chiefs solemnly made a similar invocation on behalf of the #fg thief4#aih ,the ,hawaiians seem likewise to have appealed to an avenging deity in certain cursing ceremonies1 which they performed for the purpose of detecting or punishing thieves4#aii ,in ancient ,greece it was a custom to dedicate a lost article to a deity1 with a curse for those who kept it4#bjj ,of the ,melanesian taboo1 again1 ,dr4 ,codrington observes that the power at the back of it is that of the ghost or spirit in whose name1 or in reliance upon whom1 it is pronounced4#bja ,in ,ceylon1 to prevent fruit being stolen1 the people hang up certain grotesque figures around the orchard and dedicate it to the devils1 after which none of the native ,ceylonese will dare even to touch the fruit on any account4 ,even the owner will not venture to use it till it be first liberated from the dedication4#bjb ,on the landmarks of the ancient ,babylonians1 generally consisting of stone pillars in the form of a phallus1 imprecations were inscribed with appeals to various deities4 ,one of these boundary stones contains the following curse directed against the violator of its sacredness3--,upon this man may the great gods ,anu1 ,bl1 ,ea1 and ,nusku1 look wrathfully1 uproot his foundation1 and destroy his offspring2 and similar invocations are then made to many other gods4#bjc ,footnote #aif3 ,supra1 i4 #efd4 ,footnote #aig3 ,jour4 ,african ,soc4 #aaj xviii4 ,january1 #aijf1 p4 #bjc4 ,footnote #aih3 ,turner1 ,samoa1 p4 #ai4 ,idem1 ,nineteen ,years in ,polynesia1 p4 #bib sq4 ,footnote #aii3 ,jarves1 ,history of the ,hawaiian ,islands1 p4 #bj4 ,footnote #bjj3 ,rouse1 ,greek ,votive ,offerings1 p4 #cci4 ,footnote #bja3 ,codrington1 op4 cit4 p4 #bae4 ,footnote #bjb3 ,percival1 ,account of the ,island of ,ceylon1 p4 #aih4 ,footnote #bjc3 ,trumbull1 ,the ,threshold ,covenant1 p4 #aff sq4 ,hilprecht1 quoted ibid4 p4 #afg sqq4 ,now we can understand why gods so frequently take notice of offences against property4 ,they are invoked in curses uttered against thieves2 the invocation in a curse easily develops into a genuine prayer1 and where this is the case the god is supposed to punish the offender of his own free will4 ,besides1 he may be induced to do so by offerings4 ,and when often appealed to in connection with theft1 a supernatural being may finally come to be looked upon as a guardian of property4 ,this1 for instance1 ,i take to be the explanation of the belief prevalent among the ,berbers #fh of ,h4ah4a1 in ,southern ,morocco1 that some of the local saints punish thieves who approach their sanctuaries1 even though the theft was committed elsewhere2 being constantly appealed to in oaths taken by persons suspected of theft1 they have become the permanent enemies of thieves4 ,we can1 further1 understand why in some cases certain offences against property have actually assumed the character of a sacrilege1 even apart from such as are committed in the proximity of a supernatural being4 ,curses are sometimes personified and elevated to the rank of divine agents2 this1 as we have seen1 is the origin of the ,erinyes of parents1 beggars1 and strangers1 and of the ,roman divi parentum and dii hospitales2 and this is also in all probability the origin of the god ,terminus4#bjd ,or the curse may be transformed into an attribute of the chief god1 not only because he is frequently appealed to in connection with offences of a certain kind1 but also because such a god has a tendency to attract supernatural forces which are in harmony with his general nature4 ,this explains the origin of conceptions such as ,zeus ,greek3 o7_/rios and ,jupiter ,terminalis1 as well as the extreme severity with which ,yahweh treated the removal of landmarks4 ,in all these cases there are indications of a connection between the god and a curse4 ,apart from other evidence to be found in ,semitic antiquities1 there is the anathema of ,deuteronomy1 ,cursed be he that removeth his neighbour's landmark4#bje ,that the boundary stones dedicated to ,zeus ,greek3 o7_/rios were originally charged with imprecations appears from a passage in ,plato's ',laws' quoted above1#bjf as also from inscriptions made on them4#bjg ,the ,etruscans cursed anyone who should touch or displace a boundary mark3--,such a person shall be condemned by the gods2 his house shall disappear2 his race shall be extinguished2 his limbs shall be covered with ulcers and waste away2 his land shall no longer produce #fi fruits2 hail1 rust1 and the fires of the dog-star shall destroy his harvests4#bjh ,considering the important part played by blood as a conductor of imprecations1 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#bji was intended to give efficacy to a curse4 ,in some parts of ,england a custom of annually beating the bounds of a parish has survived up to the present time1 and this ceremony was formerly accompanied by religious services1 in which a clergyman invoked curses on him who should transgress the bounds of his neighbour1 and blessings on him who should regard the landmarks4#baj ,footnote #bjd3 ,cf4 ,festus1 op4 cit4 ',termino'3--,numa ,pompilius statuit eum1 qui terminum exarasset1 et ipsum1 et boves sacros esse4 ,footnote #bje3 ,deuteronomy1 xxvii4 #ag4 ,cf4 ,genesis1 xxxi4 #dd sqq4 ,footnote #bjf3 ,plato1 ,leges1 viii4 #hdc3 4 4 4 ,greek3 7n smikron li_/thon o7ri_/zonta philai_/n kai e7_/chthran e7_/norkon para then4 ,footnote #bjg3 ,xenophon1 ,anabasis1 v4 #c4 #ac4 ,hermann1 ,disputatio de terminis apud ,grcos1 p4 #aa4 ,footnote #bjh3 ,rei agrari auctores legesque vari1 edited by ,goesius1 p4 #beh sq4 ,footnote #bji3 ,siculus ,flaccus1 ',de conditionibus agrorum1' in ,rei agrari auctores1 p4 #e4 ,footnote #baj3 ,dibbs1 ',beating the ,bounds1' in ,chambers's ,edinburgh ,journal1 ,n4,s4 xx4 7#ahec7 #di sqq4 ,trumbull1 ,the ,threshold ,covenant1 p4 #agd sq4 ,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 death4 ,in a following chapter we shall notice instances where the efficacy of a curse is supposed to extend beyond the grave4 ,but we shall also find other reasons for savage doctrines of retribution in the world to come4 ,in the cases referred to above it is not expressly said that the post mortem punishment of the thief is inflicted by a god4 99 99 99 99 99 ,i have here only dealt with rules relating to property which have been recognised by custom or law4 ,but the established principles of ownership have not always been admitted to be just3 in the civilised countries of the ,west they have called forth an opposition which is rapidly gaining in strength4 ,the limited scope of the present work does not allow me to attempt a detailed account of this movement1 with its variety of arguments and its multitudinous schemes of reform4 ,the main reasons for complaint are3--first1 that our actual law of property does not ensure to every labourer the whole produce of his labour2 secondly1 that it does not provide for every want #gj a satisfaction proportionate to the available means4 ,however much the opinions of the different schools of socialists may vary1 every socialist organisation of property aims either at guaranteeing to the working-classes the entire product of their industry1 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 existence1 in preference to the satisfaction of the less pressing wants of others4#baa ,these aims are greatly hampered by the present system1 in which land and capital are the property of private individuals freely struggling for increase of wealth1 and especially by the legally recognised existence of unearned income#bab--the rent of the ,saint-,simonians1 the surplus value 7,mehrwert7 of ,thompson and ,marx1--for which the favoured recipient returns no personal equivalent to society1 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 work4 ,we have here a conflict between different principles of acquisition4 ,both the rule that the owner of a thing also owns what results from it1 and the law of inheritance1 leading as they do to unearned income1 are intruding upon the principle of labour as a source of property4 ,they1 moreover1 interfere with the right to subsistence1 which in some measure1 though often insufficiently1 is recognised in all human societies2#bac for1 as ,marx observed1 the accumulation of wealth at one pole means the accumulation of misery at the opposite pole4#bad ,this conflict between different principles or rights1 all of which have deep foundations in human nature and the conditions of social life1 has been brought about by certain #ga facts inherent in progressive civilisation4 ,in simple societies the unearned income is small1 because no fortunes exist1 and the wants of those who are incapable of earning their own livelihood are provided for by the system of mutual aid4 ,progress in culture1 on the other hand1 has been accompanied by a more unequal distribution of wealth1 and also by a decrease of social solidarity as a result of the increase and greater differentiation of the social unit4 ,the unearned income has grown larger1 the disproportion between the returns on capital and the reward for labour has in many cases become enormous1 and hand in hand with the opulence of some goes the destitution of others4 ,at the same time the injustice of prerogatives based on birth or fortune is keenly felt1 the dignity of labour is recognised1 and the working-classes are every day becoming more conscious both of their power and their rights4 ,all this has resulted in a strong and wide-spread conviction that the actual law of property greatly differs from the ideal law4 ,but much struggle will no doubt be required to bring them in harmony with one another4 ,the present rights of property are supported not only by personal interests1 but also by a deep-rooted feeling1 trained in the school of tradition1 that it would be iniquitous of the ,state to interfere with individuals' long-established claims to use at their pleasure the objects of wealth4 ,the new scheme1 on the other hand1 derives strength from the fact that it aims at rectifying legal rights in accordance with existing needs1 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 man4 ,we are utterly unable to foresee in detail the issue of this struggle4 ,but that the law of property will sooner or later undergo a radical change must be obvious to every one who realises that1 though ideas of right and wrong may for some time outlive the conditions from which they sprang1 they cannot do so for ever4 ,footnote #baa3 ,see ,menger1 ,right to the whole ,produce of ,labour1 p4 #e sqq41 ,goos1 op4 cit4 ii4 #fa4 ,footnote #bab3 ,the term unearned income 7arbeitsloses ,einkommen7 has been proposed by ,menger 7op4 cit4 p4 #c74 ,footnote #bac3 ,see supra1 ch4 xxiii41 vol4 i4 #ebf sqq4 ,among the ,eskimo about ,behring ,strait 7,nelson1 in ,ann4 ,rep4 ,bur4 ,ethn4 xviii4 #bid7 and the ,greenlanders 7,rink1 ,eskimo ,tales1 p4 #bi sq471 if a man borrows an article from another and fails to return it1 the owner is not entitled to claim it back1 as they consider that when a person has enough property to enable him to lend some of it he has more than he needs4 ,footnote #bad3 ,marx1 ,capital1 p4 #ffa4 ,,chapter ,,xxx ,,the ,,regard ,,for ,,truth ,,and ,,good ,,faith ,,the regard for truth implies in the first place that we ought to abstain from lying1 that is1 a wilful misrepresentation of facts1 by word or deed1 with the intention of producing a false belief4 ,closely connected with this duty is that of good faith or fidelity to promises1 which requires that we should make facts correspond with our emphatic assertions as to our conduct in the future4 ,within certain limits these duties seem to be universally recognised1 though the censure passed on the transgressor varies extremely in degree4 ,but there are also many cases in which untruthfulness and bad faith are looked upon with indifference1 or even held laudable or obligatory4 ,various uncivilised races are conspicuous for their great regard for truth2 of some savages it is said that not even the most trying circumstances can induce them to tell a lie4 ,among others1 again1 falsehood is found to be a prevailing vice and the successful lie a matter of popular admiration4 ,all authorities agree that the ,veddahs of ,ceylon are models of veracity4 ,they are proverbially truthful and honest4#a ,they think it perfectly inconceivable that any person should say anything which is not true4#b ,mr4 ,nevill writes1 ,i never knew a true ,vaedda to tell a lie1 and the ,sinhalese give them the same character4#c ,messrs4 ,sarasin had a similar experience3#gc--,the genuine ,wood-,wedda always speaks the truth2 we never heard a lie from any of them2 all their statements are short and true4#d ,a ,veddah who had committed murder and was tried for it1 instead of telling a lie in order to escape punishment1 said simply nothing4#e ,footnote #a3 ,bailey1 ',wild ,tribes of the ,veddahs of ,ceylon1' in ,trans4 ,ethn4 ,soc4 ,n4,s4 ii4 #bia4 ,footnote #b3 ,hartshorne1 in ,indian ,antiquary1 viii4 #cbj4 ,footnote #c3 ,nevill1 in ,taprobanian1 i4 #aic4 ,footnote #d3 ,sarasin1 ,forschungen auf ,ceylon1 iii4 #eda4 ,cf4 ibid4 iii4 #edb sq42 ,schmidt1 ,ceylon1 p4 #bgf4 ,footnote #e3 ,sarasin1 op4 cit4 iii4 #edc4 ,other instances of extreme truthfulness are provided by various uncivilised tribes in ,india4 ,the ,saoras of the province of ,madras1 like most of the hill people1 4 4 4 are not inclined to lying4 ,if one ,saora kill another he admits it at once and tells why he killed him4#f ,the highlander of ,central ,india is described as the most truthful of beings1 and rarely denies either a money obligation or a crime really chargeable against him4#g ,a true ,gond will commit a murder1 but he will not tell a lie4#h ,the ,kandhs1 says ,macpherson1 are1 ,i believe1 inferior in veracity to no people in the world4 4 4 4 ,it is in all cases imperative to tell the truth1 except when deception is necessary to save the life of a guest4#i ,and to break a solemn pledge of friendship is1 in their opinion1 one of the greatest sins a man can commit4#aj ,the ,korws inhabiting the highlands of ,sirgja--though they show great cruelty in committing robberies1 putting to death the whole of the party attacked1 even when unresisting--have what one might call the savage virtue of truthfulness to an extraordinary degree1 and1 rightly accused1 will at once confess and give you every required detail of the crime4#aa ,the ,santals are noted for veracity and fidelity to their word even in the most trying circumstances4#ab ,a ,kurubar always speaks the truth4#ac ,among the ,hos a reflection on a man's honesty or veracity may be sufficient to send him to self-destruction4#ad ,among the ,angami ,nagas simple truth is highly regarded2 it is rare for a statement to be made on oath1 and rarer still for it to be false4#ae ,in the ,chittagong ,hills the ,tipperahs are the only people among whom ,captain ,lewin #gd has met with meanness and lying2#af and they1 too1 have previously been said to be1 as a rule1 truthful and simple-minded49999#ag ,the ,karens of ,burma have the following traditional precept3--,do not speak falsehood4 ,what you do not know1 do not speak4 ,liars shall have their tongues cut out4#ah ,among the ,bannavs of ,cambodia severe penalties1 such as slavery or exile1 are imposed for lying4#ai ,footnote #f3 ,fawcett1 ,saoras1 p4 #ag4 ,footnote #g3 ,forsyth1 ,highlands of ,central ,india1 p4 #afd4 ,cf4 ibid4 p4 #cfa2 ,sleeman1 ,rambles and ,recollections of an ,indian ,official1 ii4 #aji2 ,hislop1 ,aboriginal ,tribes of the ,central ,provinces1 p4 #a4 ,footnote #h3 ,dalton1 ,ethnology of ,bengal1 p4 #bhd4 ,cf4 ,forsyth1 op4 cit4 p4 #aee4 ,footnote #i3 ,macpherson1 ',religious ,opinions and ,observances of the ,khonds1' in ,jour4 ,roy4 ,asiatic ,soc4 vii4 #aif4 ,footnote #aj3 ,macpherson1 ,memorials of ,service in ,india1 p4 #id4 ,footnote #aa3 ,dalton1 op4 cit4 p4 #bcj4 ,footnote #ab3 ,elliot1 ',characteristics of the ,population of ,central and ,southern ,india1' in ,jour4 ,ethn4 ,soc4 ,london1 ,n4,s4 i4 #ajf sq4 ,footnote #ac3 ,ibid4 i4 #aje4 ,footnote #ad3 ,dalton1 op4 cit4 p4 #bjf4 ,cf4 ibid4 p4 #bjd sq42 ,bradley-,birt1 ,chota ,nagpore1 p4 #ajc4 ,footnote #ae3 ,prain1 ',angami ,nagas1' in ,revue coloniale internationale1 v4 #dij4 ,footnote #af3 ,lewin1 ,wild ,races of ,south-,eastern ,india1 p4 #aia4 ,footnote #ag3 ,browne1 quoted by ,dalton1 op4 cit4 p4 #aaj4 ,footnote #ah3 ,smeaton1 ,loyal ,karens of ,india1 p4 #bed4 ,footnote #ai3 ,comte1 quoted by ,mouhot1 ,travels in ,indo-,china1 ,cambodia1 and ,laos1 ii4 #bg4 ,for the truthfulness of the uncivilised races of ,india see also ,sleeman1 op4 cit4 ii4 #aaj sqq42 ,dalton1 op4 cit4 p4 #bef 7,oraons72 ,crooke1 ,tribes and ,castes of the ,north-,western ,provinces1 ii4 #dgh 7,hbra72 ,fraser1 ,tour through the ,himala ,mountains1 pp4 #bfd 7inhabitants of ,kunawur71 #cce 7,bhoteas72 ,iyer1 in the ,madras ,government ,museum's ,bulletin1 iv4 #gc 7,nayadis of ,malabar72 ,walhouse1 ',account of a ,leaf-wearing ,tribe on the ,western ,coast of ,india1' in ,jour4 ,anthr4 ,inst4 iv4 #cgj 7,koragars74 ,the ,andaman ,islanders call falsehood yubda1 that is1 sin or wrong-doing4#bj ,the natives of ,car ,nicobar are not only very honest1#ba but the accusation of untruthfulness brings them up in arms immediately4#bb ,the ,dyaks of ,borneo are praised for their honesty and great regard for truth4#bc ,mr4 ,bock states that if they could not satisfactorily reply to his questions they hesitated to answer at all1 and that if he did not always get the whole truth he always got at least nothing but the truth from them4#bd ,veracity is a characteristic of the ,alfura of ,halmahera#be and the ,bataks of ,sumatra1 who only in cases of urgent necessity have recourse to a lie4#bf ,the ,javanese1 says ,crawfurd1 are honourably distinguished from all the civilised nations of ,asia by a regard for truth4#bg ,in their intercourse with society1 ,raffles observes1 they display1 in a high degree1 the virtues of honesty1 plain dealing1 and candour4 ,their ingenuousness is such that1 as the first ,dutch authorities have acknowledged1 prisoners brought to the bar on criminal charges1 if really guilty1 nine times out of ten confess1 without disguise or equivocation1 the full extent and exact circumstances of their offences1 and communicate1 when required1 more information on the matter at issue than all the rest of the evidence4#bh ,among the natives #ge of the ,malay ,archipelago there are some further instances of trustworthy and truthful peoples2#bi whereas others are described as distrustful and regardless of truth4#cj ,thus the natives of ,timor-laut lie without compunction when they think they can escape detection1#ca and of the ,niase it is said that truth is their bitter enemy4#cb ,footnote #bj3 ,man1 in ,jour4 ,anthr4 ,inst4 xii4 #aab4 ,footnote #ba3 ,distant1 in ,jour4 ,anthr4 ,inst4 iii4 #d4 ,footnote #bb3 ,kloss1 ,in the ,andamans and ,nicobars1 p4 #bbg sq4 ,footnote #bc3 ,ling ,roth1 ,natives of ,sarawak1 i4 #ff-fh1 #hb4 ,boyle1 ,adventures among the ,dyaks of ,borneo1 p4 #bae4 ,selenka1 ,sonnige ,welten1 p4 #dg4 ,footnote #bd3 ,bock1 ,head-,hunters of ,borneo1 p4 #bji4 ,footnote #be3 ,kkenthal1 ,forschungsreise in den ,molukken1 p4 #ahh4 ,footnote #bf3 ,junghuhn1 ,battalnder auf ,sumatra1 ii4 #bci4 ,footnote #bg3 ,crawfurd1 ,history of the ,indian ,archipelago1 i4 #ej4 ,footnote #bh3 ,raffles1 ,history of ,java1 i4 #bdh4 ,footnote #bi3 ,riedel1 ,de sluik- en kroesharige rassen tusschen ,selebes en ,papua1 p4 #if 7,serangese74 ,st4 ,john1 ,life in the ,forests of the ,far ,east1 ii4 #cbb 7,malays of ,sarawak74 ,footnote #cj3 ,marsden1 ,history of ,sumatra1 p4 #bji 7natives of the interior of ,sumatra74 ,riedel1 op4 cit4 p4 #cad 7natives of the ,luang-,sermata group74 ,steller1 ,de ,sangi-,archipel1 p4 #bc4 ,footnote #ca3 ,forbes1 ,a ,naturalist's ,wanderings in the ,eastern ,archipelago1 p4 #cbj4 ,footnote #cb3 ,modigliani1 ,viaggio a ,nas1 p4 #dfg4 ,veracity and probity were conspicuous virtues among various uncivilised peoples belonging to the ,russian ,empire4 ,georgi1 whose work dates from the eighteenth century1 says of the ,chuvashes that they content themselves with a simple affirmation or denial1 and always keep their word2#cc of the ,barabinzes1 that lying1 duplicity1 and fraud1 are unknown among them2#cd of the ,tunguses1 that they always appear to be what they really are1 and that lying seems to them the absurdest thing in the world1 which prevents them being either suspicious or necessitated to accompany their affirmations by oaths or solemn protestations2#ce of the ,kurilians1 that they always speak the truth with the most scrupulous fidelity4#cf ,castrn states that the ,zyrians1 like the ,finnish tribes generally1 are trustworthy and honest1#cg and that the ,ostyaks have no other oaths but those of purgation4 ,among them witnesses never take the oath1 but their words are unconditionally believed in1 and everybody1 with the exception of lunatics1 is allowed to give evidence4 ,children may witness against their parents1 brothers against brothers1 a husband against his wife1 and a wife against her husband4#ch ,footnote #cc3 ,georgi1 ,russia1 i4 #aaj4 ,footnote #cd3 ,ibid4 ii4 #bbi4 ,footnote #ce3 ,ibid4 iii4 #gh4 ,cf4 ibid4 iii4 #aji4 ,footnote #cf3 ,ibid4 iii4 #aib4 ,cf4 ,krasheninnikoff1 ,history of ,kamschatka1 p4 #bcf4 ,footnote #cg3 ,castrn1 ,nordiska resor och forskningar1 i4 #beg4 ,footnote #ch3 ,ibid4 i4 #cji sq4 ,the ,aleuts were highly praised by ,father ,veniaminof for their truthfulness3--,these people detest lying1 and never spread false rumours4 4 4 4 ,they are very much offended if any one doubts their word4 ,they despise hypocrisy in every respect1 and do not flatter nor make empty promises1 even in order to escape reproof4#ci ,the regard in which truth is held by the ,eskimo seems to vary among different tribes4 ,armstrong blames the ,western ,eskimo for being much #gf addicted to falsehood1 and for seldom telling the truth1 if there be anything to gain by a lie4#dj ,the ,point ,barrow ,eskimo are in the main truthful1 though a detected lie is hardly considered more than a good joke1 and considerable trickery is practised in trading4#da ,of the ,eskimo at ,igloolik1 an island near ,melville ,peninsula1 we are told that their lies consist only of vilifying each other's character1 with false accusations of theft or ill behaviour4 ,when asking questions of an individual1 it is but rarely that he will either advance or persist in an untruth4 4 4 4 ,lying among them is almost exclusively confined to the ladies4#db ,in his description of the ,eskimo on the western side of ,davis ,strait and in the region of ,frobisher ,bay1 ,mr4 ,hall says that they despise and shun one who will shag-la-voo1 that is1 tell a lie1 and that they are rarely troubled by any of this class4#dc ,the ,greenlanders are generally truthful towards each other1 at least the men4#dd ,but if he can help it1 a ,greenlander will not tell a truth which he thinks may be unpleasant to the hearer1 as he is anxious to stand on as good a footing as possible with his fellow-men4#de ,footnote #ci3 ,veniaminof1 quoted by ,dall1 ,alaska1 pp4 #cif1 #cie4 ,footnote #dj3 ,armstrong1 ,discovery of the ,north-,west ,passage1 p4 #aif sq4 ,footnote #da3 ,murdoch1 ',ethnological ,results of the ,point ,barrow ,expedition1' in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #da4 ,footnote #db3 ,lyon1 ,private ,journal during the ,voyage of ,discovery under ,captain ,parry1 p4 #cdi4 ,footnote #dc3 ,hall1 ,arctic ,researches1 p4 #efg4 ,footnote #dd3 ,dalager1 ,grnlandske ,relationer1 p4 #fi4 ,cranz1 ,history of ,greenland1 i4 #aga1 #age4 ,nansen1 ,eskimo ,life1 p4 #aeh4 ,footnote #de3 ,nansen1 ,eskimo ,life1 p4 #aja4 ,idem1 ,first ,crossing of ,greenland1 ii4 #ccd sq4 ,the ,thompson ,river ,indians of ,british ,columbia maintain that it is bad to lie1 that if you do so people will laugh at you and call you a liar4#df ,speaking of the ,iroquois1 ,mr4 ,morgan says that the love of truth was a marked trait of the ,indian character4 ,this inborn sentiment flourished in the period of their highest prosperity1 in all the freshness of its primeval purity4 ,on all occasions and at whatever peril1 the ,iroquois spoke the truth without fear and without hesitation4 ,dissimulation was not an ,indian habit4 4 4 4 ,the ,iroquois prided themselves upon their sacred regard for the public faith1 and punished the want of it with severity when an occasion presented itself4#dg ,loskiel likewise states that they considered lying and cheating heinous and scandalous offences4#dh ,among the ,chippewas there were a few persons addicted to lying1 but these #gg were held in disrepute4#di ,the ,shoshones1 a tribe of the ,snake ,indians1 were frank and communicative in their intercourse with strangers1 and perfectly fair in their dealings4#ej ,the ,seminole ,indians of ,florida are commended for their truthfulness4#ea ,with special reference to the ,navahos1 ,mr4 ,matthews observes1 ,as the result of over thirty years' experience among ,indians1 ,i must say that ,i have not found them less truthful than the average of our own race4#eb ,among the ,dacotahs lying is considered very bad2 yet in this respect every one sees the mote in his brother's eye1 but does not discover the beam that is in his own1#ec want of truthfulness and habitual dishonesty in little things being prevalent traits in their character4#ed ,so1 also1 the ,thlinkets admit that falsehood is criminal1 although they have recourse to it without hesitation whenever it suits their purpose4#ee ,of the ,chippewyans1 again1 it is said that they carry the habit of lying to such an extent1 even among themselves1 that they can scarcely be said to esteem truth a virtue4#ef ,the ,crees are not very strict in their adherence to truth1 being great boasters4#eg ,heriot#eh and ,adair#ei speak of the treacherous or deceitful disposition of the ,north ,american ,indians2 but the latter adds that1 though privately dishonest1 they are very faithful indeed to their own tribe4 ,footnote #df3 ,teit1 ',thompson ,indians of ,british ,columbia1' in ,memoirs of the ,american ,museum of ,natural ,history1 ,anthropology1 i4 #cff4 ,footnote #dg3 ,morgan1 ,league of the ,iroquois1 pp4 #cce1 #cch4 ,footnote #dh3 ,loskiel1 ,history of the ,mission of the ,united ,brethren among the ,indians in ,north ,america1 i4 #af4 ,footnote #di3 ,keating1 ,expedition to the ,source of ,st4 ,peter's ,river1 ii4 #afh4 ,footnote #ej3 ,lewis and ,clarke1 ,travels to the ,source of the ,missouri ,river1 p4 #cjf4 ,footnote #ea3 ,maccauley1 ',seminole ,indians of ,florida1' in ,ann4 ,rep4 ,bur4 ,ethn4 v4 #dia4 ,footnote #eb3 ,matthews1 ',study of ,ethics among the ,lower ,races1' in ,jour4 of ,american ,folk-,lore1 xii4 #e4 ,footnote #ec3 ,schoolcraft1 ,indian ,tribes of the ,united ,states1 ii4 #aif4 ,footnote #ed3 ,eastman1 ,dacotah1 p4 xvii4 ,footnote #ee3 ,douglas1 quoted by ,petroff1 ,report on ,alaska1 p4 #agg4 ,footnote #ef3 ,richardson1 ,arctic ,searching ,expedition1 ii4 #ah4 ,cf4 ibid4 ii4 #ai4 ,footnote #eg3 ,richardson1 in ,franklin1 ,journey to the ,shores of the ,polar ,sea1 p4 #fc4 ,footnote #eh3 ,heriot1 ,travels through the ,canadas1 p4 #cai4 ,footnote #ei3 ,adair1 ,history of the ,american ,indians1 p4 #d4 ,of the regard in which truth is held by the ,indians of ,south ,america the authorities ,i have consulted have little to say4 ,the ,coroados are not deceitful4#fj ,the ,tehuelches of ,patagonia nearly always lie in minor affairs1 and will invent stories for sheer amusement4 ,in anything of importance1 however1 such as guaranteeing the safety of a person1 they were very truthful1 as long as faith was kept with them4 ,after a time1 ,lieutenant ,musters adds1 when they ascertained that ,i invariably avoided deviating in any way from the truth1 they left off lying to me even in minor matters4 ,this will serve to show that they are not of the treacherous nature assigned to #gh them by some ignorant writers4#fa ,among the ,fuegians1 according to ,mr4 ,bridge1 no one can trust another1 lying tales of slander are very common1 great exaggeration is used1 and it is not even considered wrong to tell a lie4#fb ,snow1 however1 speaks of the honesty they undoubtedly evince in many of their transactions2#fc and ,darwin states that the ,fuegian boy on board the ,beagle showed1 by going into the most violent passion1 that he quite understood the reproach of being called a liar1 which in truth he was4#fd ,footnote #fj3 von ,spix and von ,martius1 ,travels in ,brazil1 ii4 #bdb4 ,footnote #fa3 ,musters1 ,at ,home with the ,patagonians1 p4 #aie sq4 ,footnote #fb3 ,bridges1 in ,a ,voice for ,south ,america1 xiii4 #bjb sq4 ,cf4 ,hyades and ,deniker1 ,mission scientifique du ,cap ,horn1 vii4 #bdb2 ,king and ,fitzroy1 ,voyages of the ,adventure and ,beagle1 ii4 #ahh4 ,footnote #fc3 ,snow1 ,two ,years ,cruise off ,tierra del ,fuego1 i4 #cdg4 ,footnote #fd3 ,darwin1 ,journal of ,researches1 p4 #bbg4 ,of the ,australian aborigines we are told that some tribes and families display on nearly all occasions honesty and truthfulness1 whereas others seem almost destitute of the better qualities4#fe ,according to ,mr4 ,mathew1 they are not wantonly untruthful1 although one can rely on them being faithful to a trust only on condition that they are exempt from strong temptation4#ff ,mr4 ,curr admits that under some circumstances they are treacherous1 and that it costs them little pain to lie2 but from his own observations he has no doubt that the black feels1 in the commencement of his career at least1 that lying is wrong4#fg ,mr4 ,howitt has found the ,south ,australian ,kurnai to compare not unfavourably with our own people in their narration of occurrences1 or as witnesses in courts of justice as to facts4 ,among them a person known to disregard truth is branded as a liar 7jet-bolan74#fh ,among the aborigines of ,new ,south ,wales people who cause strife by lying are punished1 and liars are much disliked2 ,dr4 ,fraser was assured by a person who had had much intercourse with them for thirty years that he never knew them to tell a lie4#fi ,among the tribes of ,western ,victoria described by ,mr4 ,dawson liars are detested2 should any man1 through lying1 get others into trouble1 he is punished with the boomerang1 whilst women and young people1 for the same fault1 are beaten with a stick4#gj ,in his description of his expeditions into ,central ,australia ,eyre writes1 ,in their intercourse with each other ,i #gi have generally found the natives to speak the truth and act with honesty1 and they will usually do the same with ,europeans if on friendly terms with them4#ga ,with regard to ,west ,australian tribes ,mr4 ,chauncy states that they are certainly not remarkable for their treachery1 and that he has very seldom known any of them accused of it4 ,he adds that they are habitually honest among themselves1 if not truthful1 and that1 during his many years' acquaintance with them1 he does not remember ever hearing a native utter a falsehood with a definite idea of gaining anything by it4 ,if questioned on any subject1 he would form his reply rather with the view of pleasing the enquirer than of its being true2 but this was attributable to his politeness4#gb ,according to a late ,advocate-,general of ,west ,australia1 when a native is accused of any crime1 he often acknowledges his share in the transaction with perfect candour4#gc ,very different from these accounts is ,mr4 ,gason's statement concerning the ,dieyerie in ,south ,australia4 ,a more treacherous race1 he says1 ,i do not believe exists4 ,they imbibe treachery in infancy1 and practise it until death1 and have no sense of wrong in it4 4 4 4 ,they seem to take a delight in lying1 especially if they think it will please you4 ,should you ask them any question1 be prepared for a falsehood1 as a matter of course4 ,they not only lie to the white man1 but to each other1 and do not appear to see any wrong in it4#gd ,the natives of ,botany ,bay and ,port ,jackson in ,new ,south ,wales are by older writers described as no strangers to falsehood4#ge ,and speaking of a tribe in ,north ,queensland1 ,mr4 ,lumholtz observed that an ,australian native can betray anybody1 and that there is not one among them who will not lie if it is to his advantage4#gf ,footnote #fe3 ,brough ,smyth1 ,aborigines of ,victoria1 i4 #be4 ,footnote #ff3 ,mathew1 ',australian ,aborigines1' in ,jour4 and ,proceed4 ,roy4 ,soc4 ,n4,s4 ,wales1 xxiii4 #chg4 ,footnote #fg3 ,curr1 ,australian ,race1 i4 #dc1 #ajj4 ,footnote #fh3 ,fison and ,howitt1 ,kamilaroi and ,kurnai1 p4 #bef4 ,footnote #fi3 ,fraser1 ,aborigines of ,new ,south ,wales1 pp4 #da1 #ij4 ,footnote #gj3 ,dawson1 ,australian ,aborigines1 p4 #gf4 ,footnote #ga3 ,eyre1 ,expeditions of ,discovery into ,central ,australia1 ii4 #che4 ,footnote #gb3 ,chauncy1 quoted by ,brough ,smyth1 op4 cit4 ii4 #bge1 #bha4 ,cf4 ,oldfield1 ',aborigines of ,australia1' in ,trans4 ,ethn4 ,soc4 ,n4,s4 iii4 #bee4 ,footnote #gc3 ,moore1 quoted by ,brough ,smyth1 op4 cit4 ii4 #bgh4 ,footnote #gd3 ,gason1 ',dieyerie ,tribe of ,australian ,aborigines1' in ,woods1 ,native ,tribes of ,south ,australia1 p4 #beg sq4 ,footnote #ge3 ,collins1 ,english ,colony in ,new ,south ,wales1 i4 #fjj4 ,barrington1 ,history of ,new ,south ,wales1 p4 #bb4 ,footnote #gf3 ,lumholtz1 ,among ,cannibals1 p4 #ajj4 ,according to ,mr4 ,hale1 the ,polynesians are not naturally treacherous1 by no means from a horror of deception1 but apparently from a mere inaptitude at dissembling2 and it is said that the word of a ,micronesian may generally be relied upon4#gg ,to the ,tonga ,islanders a false accusation appeared more horrible than deliberate murder does to us1 and they also put this #hj principle into practice4#gh ,we are told by ,polack that among the ,maoris of ,new ,zealand lying is universally practised by all classes1 and that an accomplished liar is accounted a man of consummate ability4#gi ,but ,dieffenbach found that1 if treated with honesty1 they were always ready to reciprocate such treatment2#hj and1 according to another authority1 they believed in an evil spirit whom they said was a liar and the father of lies4#ha ,the broad statement made by von ,jhering1 that among the ,south ,sea ,islanders lying is regarded as a harmless and innocent play of the imagination1#hb is certainly not correct4 ,the treacherous disposition attributed to the ,caroline ,islanders#hc and the natives of ,new ,britain#hd does not imply so much as that4 ,the ,new ,caledonians are1 comparatively speaking1 not naturally dishonest4#he ,the ,solomon ,islanders are praised as faithful and reliable workmen and servants1#hf though cheating in trade is nowadays very common among some of them4#hg ,of the people of ,erromanga1 in the ,new ,hebrides1 the ,rev4 ,h4 ,a4 ,robertson states that truth1 in heathenism1 was told only when it suited best1 but1 he adds1 it is not that natives are always reckless about the truth so much as that they seem utterly incapable of stating anything definitely1 or stating a thing just as it really occurred4#hh ,in the opinion of some authorities1 the ,fijians are very untruthful and regard adroit lying as an accomplishment4#hi ,their propensity to lie1 says the missionary ,williams1 is so strong that they seem to have no wish to deny its existence1 or very little shame when convicted of a falsehood4 ,the universal prevalence of the habit of lying is so thoroughly taken for granted1 that it is common to hear1 after the most ordinary statement1 the rejoinder1 ',that's a lie1' or something to the same effect1 at which the accused person does not think of taking offence4 ,but the same writer adds3--,natives have often told me lies1 manifestly without any ill-will1 and when it would have been far more to their advantage to have spoken the truth4 ,the ,fijians hail as agreeable companions those who are #ha skilful in making tales1 but1 under some circumstances1 strongly condemn the practice of falsehood4 4 4 4 ,on matters most lied about by civilised people1 the native is the readiest to speak the truth4 ,thus1 when convicted of some offence1 he rarely attempts to deny it1 but will generally confess all to any one he esteems4 4 4 4 ,the following incident shows that lying per se is condemned and considered disreputable4 ,a white man1 notorious for falsehood1 had displeased a powerful chief1 and wrote asking me to intercede for him4 ,i did so2 when the chief dismissed the case briefly1 saying1 ',tell--that no one hates a foreigner2 but tell him that every one hates a liar6'#ij ,other writers even deny that the ,fijians were habitual liars2#ia 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 truth4#ib ,footnote #gg3 ,hale1 ,u4,s4 ,exploring ,expedition1 ,vol4 ,,vi4 ,ethnography and ,philology1 pp4 #af1 #gc4 ,footnote #gh3 ,mariner1 ,natives of the ,tonga ,islands1 ii4 #afc sq4 ,footnote #gi3 ,polack1 ,manners and ,customs of the ,new ,zealanders1 ii4 #ajb sq4 ,see also ,colenso1 ,maori ,races of ,new ,zealand1 pp4 #dd1 #df4 ,footnote #hj3 ,dieffenbach1 ,travels in ,new ,zealand1 ii4 #aji4 ,footnote #ha3 ,yate1 ,account of ,new ,zealand1 p4 #ade4 ,footnote #hb3 von ,jhering1 ,der ,zweck im ,recht1 ii4 #fjf4 ,footnote #hc3 ,angas1 ,polynesia1 p4 #chf4 ,footnote #hd3 ,powell1 ,wanderings in a ,wild ,country1 p4 #bfb4 ,footnote #he3 ,anderson1 ,travel in ,fiji and ,new ,caledonia1 p4 #bcc4 ,footnote #hf3 ,parkinson1 ,zur ,ethnographie der nordwestlichen ,salomo ,inseln1 p4 #d4 ,footnote #hg3 ,sommerville1 ',ethnogr4 ,notes in ,new ,georgia1' in ,jour4 ,anthr4 ,inst4 xxvi4 #cic4 ,footnote #hh3 ,robertson1 ,erromanga1 p4 #chd sq4 ,footnote #hi3 ,wilkes1 ,u4,s4 ,exploring ,expedition1 iii4 #gf4 ,footnote #ij3 ,williams and ,calvert1 ,fiji1 p4 #ajg sq4 ,footnote #ia3 ,erskine1 ,cruise among the ,islands of the ,western ,pacific1 p4 #bfd4 ,anderson1 ,travel in ,fiji and ,new ,caledonia1 p4 #acj4 ,footnote #ib3 ,erskine1 op4 cit4 p4 #bfd4 ,nowhere in the savage world is truth held in less estimation than among many of the ,african races4 ,the ,negroes are described as cunning and liars by nature4#ic ,they tell a lie more readily than they tell the truth1 and falsehood is not recognised amongst them as a fault4#id ,they lie not only for the sake of gaining some advantage by it1 or in order to please or amuse1 but their lies are often said to be absolutely without purpose4#ie ,of the natives of the ,gold ,coast the old traveller ,bosman says1 ,the ,negroes are all1 without exception1 crafty1 villainous and fraudulent1 and very seldom to be trusted1 being sure to slip no opportunity of cheating an ,european1 nor indeed one another4#if ,among all the ,bakalai tribes lying is thought an enviable accomplishment4#ig ,the ,bakongo1 in their answers1 will generally try and tell the questioner what they think will please him most1 quite ignoring the truthfulness we consider it necessary to observe in our replies4#ih ,miss ,kingsley's experience of ,west ,african natives is likewise that they will say ',yes' to any mortal thing1 if they think you want them to4#ii ,the ,wakamba are described as great liars4#ajj #hb ,among the ,waganda truth is held in very low estimation1 and it is never considered wrong to tell lies2 indeed1 a successful liar is considered a smart1 clever fellow1 and rather admired4#aja ,untruthfulness is said to be a national characteristic of the tribes inhabiting the region of ,lake ,nyassa4#ajb ,from his experience of the ,eastern ,central ,africans1 the ,rev4 ,d4 ,macdonald writes3 ',telling lies' is much practised and is seldom considered a fault4 4 4 4 ,the negro often thinks that he is flattered by being accused of falsehood4 ,so1 when natives wish to pay a high compliment to a ,european who has told them an interesting story1 they look into his face and say1 ',o father1 you are a great liar4'#ajc ,to the ,wanika1 says ,mr4 ,new1 lying is almost as the very breath of their nostrils1 and all classes1 young and old1 male and female1 indulge in it4 ,a great deal of their lying is without cause or object2 it is lying for lying's sake4 ,you ask a man his name1 his tribe1 where he lives1 or any other simple question of like nature1 and the answer he gives you will1 as a rule1 be the very opposite to the truth2 yet he has nothing to evade or gain by so doing4 ,lying seems to be more natural to him than speaking the truth4 ,he lies when detection is evident1 and laughs at it as though he thought it a good joke4 ,he hears himself called a mulongo 7liar7 a score of times a day1 but he notices it not1 for there is no opprobrium in the term to him4 ,to hide a fault he lies with the most barefaced audacity and blindest obstinacy4 4 4 4 ,when his object is gain1 he will invent falsehoods wholesale4 4 4 4 ,he boasts that ulongo 7lying7 is his pesa 7piece1 ha'pence71 and holds bare truth to be the most unprofitable commodity in the world4 ,but while he lies causelessly1 objectlessly1 recklessly in self-defence or for self-interest1 he is not a malicious liar4 ,he does not lie with express intent to do others harm2 this he would consider immoral1 and he has sufficient goodness of heart to avoid indulging therein4 4 4 4 ,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 stake4#ajd ,if a ,bantu of ,south-,eastern ,africa undertakes the charge of any form of property1 he accounts for it with as great fidelity as if he were the ,keeper of the ,great ,seal4 ,but1 on the other hand1 there are many circumstances in which falsehood is not reckoned even a disgrace1 and if a man could #hc extricate himself from difficulties by lying and did not do so1 he would be simply thought a fool4#aje ,andersson speaks of the lying habits of the ,herero4#ajf ,of the ,bachapins1 a ,bechuana tribe1 ,burchell observes that among their vices a universal disregard for truth and a want of honourable adherence to their promise stand high above the rest1 the consequence of this habitual practice of lying being the absence of shame1 even on being detected4#ajg ,among the ,kafirs deception is a practised art from early childhood2 even the children will not answer a plain question4#ajh ,it is considered a smart thing to deceive so long as a person is not found out1 but it is awkward to be detected2 hence a native father will enjoy seeing his children deceive people cleverly4#aji ,in trading with them1 you may make up your mind that all they tell you is untrue1 and act accordingly4 4 4 4 ,your own natives1 on the other hand1 if they like you1 will lie for your benefit as strongly as the opposite party against you2 and both sides think it all fair trade4#aaj ,and in a ,kafir lawsuit defendant1 plaintiff1 and witnesses are allowed to tell as many lies as they like1 in order to make the best of their case4#aaa ,but we also hear that ,kafirs do not tell lies to their chiefs1 and that there are many among them who would never deceive a white man whom they are fond of or respect4#aab ,among the ,bushmans veracity is said to be too often1 yet not always1 disregarded1 and the neglect of it considered a mere venial offence4#aac ,the first version of what a ,bushman or any native has to say can never be relied on2 whatever you ask him about1 he invariably says first1 ',i don't know1' and then promises to tell you all he does know4 ,ask him for news1 and he says1 ',no2 we have got no news1' and shortly afterwards he will tell you news of perhaps great interest4#aad ,in ,madagascar there was no stigma attached to deceit or fraud2 they were rather admired as proofs of superior cunning1 as things to be imitated1 so far at least as they would not bring the offender within the penalties of the native laws4#aae ,ellis says that the best sign of genius in children is esteemed a quickness to deceive1 #hd overreach and cheat4 ,the people delight in fabulous tales1 but in none so much or universally as in those that relate instances of successful deceit or fraud4 4 4 4 ,their constant aim is1 in business to swindle1 in professed friendship to extort1 and in mere conversation to exaggerate and fabricate4#aaf ,these statements refer to the ,hovas2 but among the ,betsileo1 inhabiting the same island1 lying and cheating are equally rife1 and neither appears to have been thought a sin1 so long as it remained undiscovered4#aag ,at the same time many of the ,madagascar proverbs are designed to put down lying1 and to show that truth is always best4#aah ,footnote #ic3 ,baker1 ,albert ,n'yanza1 i4 #bhi4 ,burton1 ,mission to ,gelele1 ii4 #aii4 ,footnote #id3 ,reade1 ,savage ,africa1 p4 #ehj4 ,footnote #ie3 ,hbbe-,schleiden1 ,ethiopien1 ,studien ber ,west-,afrika1 p4 #ahf sq4 ,footnote #if3 ,bosman1 ,new ,description of the ,coast of ,guinea1 p4 #ajj4 ,footnote #ig3 ,du ,chaillu1 ,explorations and ,adventures in ,equatorial ,africa1 p4 #cij4 ,cf4 ibid4 p4 #cca4 ,footnote #ih3 ,ward1 ,five ,years with the ,congo ,cannibals1 p4 #dg4 ,footnote #ii3 ,kingsley1 ,travels in ,west ,africa1 p4 #ebe4 ,footnote #ajj3 ,krapf1 ,travels in ,eastern ,africa1 p4 #cee4 ,footnote #aja3 ,wilson and ,felkin1 ,uganda1 i4 #bbd4 ,cf4 ,felkin1 ',notes on the ,waganda ,tribe1' in ,proceed4 ,roy4 ,soc4 ,edinburgh1 xiii4 #gbb2 ,ashe1 ,two ,kings of ,uganda1 p4 #bie4 ,footnote #ajb3 ,macdonald1 ',east ,central ,african ,customs1' in ,jour4 ,anthr4 ,inst4 xxii4 #aai4 ,footnote #ajc3 ,macdonald1 ,africana1 i4 #bfb sq4 ,footnote #ajd3 ,new1 ,life1 ,wanderings1 and ,labours in ,eastern ,africa1 p4 #if sqq4 ,footnote #aje3 ,macdonald1 ,light in ,africa1 p4 #baa4 ,footnote #ajf3 ,andersson1 ,lake ,ngami1 p4 #bag4 ,cf4 ibid4 p4 #dii 7,bayeye74 ,footnote #ajg3 ,burchell1 ,travels in the ,interior of ,southern ,africa1 ii4 #eec sq4 ,footnote #ajh3 ,holden1 ,the ,past and ,future of the ,kaffir ,races1 p4 #agi4 ,footnote #aji3 ,kidd1 ,the ,essential ,kafir1 p4 #bhe4 ,footnote #aaj3 ,leslie1 ,among the ,zulus and ,amatongas1 p4 #aii4 ,cf4 ibid4 p4 #bjb4 ,footnote #aaa3 ,maclean1 ,compendium of ,kafir ,laws and ,customs1 p4 #eh4 ,footnote #aab3 ,kidd1 ,the ,essential ,kafir1 p4 #bhf4 ,footnote #aac3 ,burchell1 op4 cit4 ii4 #ed4 ,footnote #aad3 ,chapman1 ,travels in the ,interior of ,south ,africa1 i4 #gf sq4 ,footnote #aae3 ,sibree1 ,the ,great ,african ,island1 p4 #cch4 ,footnote #aaf3 ,ellis1 ,history of ,madagascar1 i4 #adc sq4 ,footnote #aag3 ,sibree1 op4 cit4 p4 #abe4 ,shaw1 ',betsileo1' in ,antananarivo ,annual1 iii4 #gi4 ,footnote #aah3 ,clemes1 ',malagasy ,proverbs1' ibid4 iv4 #bi4 ,but in ,africa1 also1 there are many peoples who have been described as regardful of truth and hostile to falsehood4 ,early travellers speak very highly of the sincerity of the ,hottentots4 ,father ,tachart says that they have more honesty than is almost anywhere found among ,christians2#aai and ,kolben agrees with him1 asserting that the word of a ,hottentot is sacred1 and that there is hardly anything upon earth which he looks upon as a fouler crime than breach of engagement4#abj ,according to ,barrow1 the ,hottentots are perfectly honest and faithful1 and1 if accused of crimes of which they have been guilty1 they generally divulge the truth4#aba ,of the ,manansas ,dr4 ,holub states that1 so far as his experience goes1 they are beyond the average for honesty and fidelity1 and are consequently laughed at by the more powerful tribes as the simpletons of the ,north4#abb ,the ,bahima in the ,uganda ,protectorate are usually very honest and truthful1 and most of the ,nandi think it very wicked to tell a lie4#abc ,among the ,for tribe of ,central ,africa lying is held to be a great crime2 even the youngest children are severely beaten for it1 and any one over fifteen or sixteen who is an habitual liar suffers the loss of one lip as a penalty4#abd ,speaking of the natives of ,sierra ,leone1 ,winterbottom remarks that1 in proportion as we advance into the interior of the country1 the people are found to be more devoid of art and more free from suspicion4#abe ,those who have dealings with the ,fn universally #he prefer them in point of honesty and manliness to the ,mpongwe and ,coast races1 and it is an insult to call one of them a liar or coward4#abf ,monrad1 who wrote in the beginning of the nineteenth century1 asserts that among the ,negroes of ,accra lying is by no means common and that they are as a rule honest towards their own people4#abg ,according to an early authority1 the people of ,great ,benin were very straightforward and did not cheat each other4#abh ,mr4 and ,mrs4 ,hinde write that the ,masai are as a race truthful1 and that a grown-up person among them will not lie2 he may refuse to answer a question1 but1 once given1 his word can be depended on4#abi ,dr4 ,baumann1 on the other hand1 says that they often lie1 but that they regard lying as a great fault4#acj ,the ,guanches of the ,canary ,islands are stated to have been slaves to their word4#aca ,of the ,berbers of ,morocco ,leo ,africanus writes3--,most honest people they are1 and destitute of all fraud and guile4 4 4 4 ,they keep their couenant most faithfully2 insomuch that they had rather die than breake promise4#acb ,m4 ,dyveyrier found the same virtue among the ,touareg1 another ,berber people3--,la fidlit aux promesses1 aux traits1 est pousse si loin par les ,touareg1 qu il est difficile d'obtenir d'eux des engagements4 4 4 4 ,il est de maxime chez les ,toureg1 en matire de contrat1 de ne s'engager que pour la moiti de ce qu'on peut tenir1 afin de ne pas s'exposer au reproche d'infidlit4 4 4 4 ,le mensonge1 le vol domestique et l'abus de confiance sont inconnus des ,toureg4#acc ,as regards the truthfulness of the ,african ,arabs opinions vary4 ,parkyns asks1 ,who is more trustworthy than the desert ,arab8#acd ,according to ,rohlfs and ,chavanne1 on the other hand1 the ,arabs of the ,sahara are much addicted to lying2#ace and of the ,arabs of ,egypt ,mr4 ,st4 ,john observes3--,there is no general appreciation of a man's word4 4 4 4 ',liar' is a playful appellative scarcely reproachful2 and ',i have told a lie' a confession that may be made without a blush4#acf ,herodotus' statement that the ,arabs observe pledges as religiously as any people1#acg is true of the ,bedouins of ,arabia in the #hf present day4 ,no vice or crime is more deservedly stigmatised as infamous among ,bedouins than treachery4 ,an individual in the great ,arabian ,desert will be forgiven if he should kill a stranger on the road1 but eternal disgrace would be attached to his name1 if it were known that he had robbed his companion1 or his protected guest1 even of a handkerchief4#ach ,wallin affirms that you may put perfect trust in the promise of a ,bedouin1 as soon as you have eaten salt and bread with him4#aci ,but whilst faithfulness to a tacit or express promise is thus regarded by him as a sacred duty1 lying and cheating are as prevalent in the desert as in the market-towns of ,syria4#adj ,speaking of the ,bedouins of the ,euphrates1 ,mr4 ,blunt observes3--,truth1 in ordinary matters1 is not regarded as a virtue by the ,bedouins1 nor is lying held shameful4 ,every man1 they say1 has a right to conceal his own thought4 ,in matters of importance1 the simple affirmation is confirmed by an oath1 and then the fact stated may be relied on4 ,there is only one exception to the general rule of lying among them4 ,the ,bedouin1 if questioned on the breed of his mare1 will not give a false answer4 ,he may refuse to say1 or he may answer that he does not know2 but he will not name another breed than that to which she really belongs4 4 4 4 ,the rule1 however1 does not hold good on any other point of horse dealing4 ,the age1 the qualities1 and the ownership of the horse may be all falsely stated4#ada ,footnote #aai3 ,tachart1 quoted by ,kolben1 ,present ,state of the ,cape of ,good ,hope1 i4 #afg4 ,footnote #abj3 ,ibid4 i4 #ei4 ,footnote #aba3 ,barrow1 ,travels into the ,interior of ,southern ,africa1 i4 #aea sq4 ,footnote #abb3 ,holub1 ,seven ,years in ,south ,africa1 ii4 #bji4 ,footnote #abc3 ,johnston1 ,uganda ,protectorate1 ii4 #fcj1 #hgi4 ,footnote #abd3 ,felkin1 in ,proceed4 ,roy4 ,soc4 ,edinburgh1 xiii4 #bcb4 ,footnote #abe3 ,winterbottom1 ,account of the ,native ,africans in the ,neighbourhood of ,sierra ,leone1 i4 #bjf sq4 ,footnote #abf3 ,burton1 ,two ,trips to ,gorilla ,land1 i4 #bbe sq4 ,footnote #abg3 ,monrad1 ,guinea-,kysten og dens ,indbyggere1 p4 #f4 ,footnote #abh3 ,quoted by ,ling ,roth1 ,great ,benin1 p4 #de4 ,footnote #abi3 ,hinde1 ,the ,last of the ,masai1 p4 #cd4 ,footnote #acj3 ,baumann1 ,durch ,massailand1 p4 #afe4 ,footnote #aca3 ,bory de ,st4 ,vincent1 ,essais sur les ,isles ,fortunes1 p4 #gj4 ,footnote #acb3 ,leo ,africanus1 ,history and ,description of ,africa1 i4 #ahc4 ,footnote #acc3 ,dyveyrier1 ,exploration du ,sahara1 p4 #chd sq4 ,footnote #acd3 ,parkyns1 ,life in ,abyssinia1 ii4 #ahb4 ,footnote #ace3 ,chavanne1 ,die ,sahara1 p4 #cib4 ,footnote #acf3 ,st4 ,john1 ,adventures in the ,lybian ,desert1 p4 #ca4 ,footnote #acg3 ,herodotus1 iii4 #h4 ,footnote #ach3 ,burckhardt1 ,notes on the ,bedouins and ,wahbys1 p4 #aij sq4 ,footnote #aci3 ,wallin1 ,reseanteckningar frn ,orienten1 iii4 #aaf4 ,footnote #adj3 ,burckhardt1 op4 cit4 p4 #ajd sq4 ,cf4 ,wallin1 op4 cit4 iv4 #hi sq42 ,doughty1 ,arabia ,deserta1 i4 #bda4 ,footnote #ada3 ,blunt1 ,bedouin ,tribes of the ,euphrates1 ii4 #bjc sq4 ,cf4 ,niebuhr1 ,travels through ,arabia1 ii4 #cjb3--,there is no instance of false testimony given in respect to the descent of a horse4 ,every ,arabian is persuaded that himself and his whole family would be ruined1 if he should prevaricate in giving his oath in an affair of such consequence4 ,various statements of travellers thus directly contradict the common opinion that want of truthfulness is mostly a characteristic of uncivilised races4#adb ,and we have much reason to assume that a foreigner visiting a savage tribe is apt rather to underrate than to overestimate its veracity4 ,mr4 ,savage ,landor gives us a curious insight into an explorer's method of testing it4 ,if you were to say to an ,ainu1 ',you are old1 are you not8' he would answer #hg',yes'2 but if you asked the same man1 ',you are not old1 are you8' he would equally answer ',yes4' ,and then comes the conclusion3--,knowingly speaking the truth is not one of their characteristics2 indeed1 they do not know the difference between falsehood and truth4#adc ,it is hardly surprising to hear from other authorities that the ,ainu are remarkably honest1 and regard veracity as one of the most imperative duties4#add ,speaking of the ,uaups and other ,brazilian tribes1 ,mr4 ,wallace observes3--,in my communications and inquiries among the ,indians on various matters1 ,i have always found the greatest caution necessary1 to prevent one's arriving at wrong conclusions4 ,they are always apt to affirm that which they see you wish to believe1 and1 when they do not at all comprehend your question1 will unhesitatingly answer1 ',yes4'#ade ,savages who are inclined to give inaccurate answers to questions made by strangers1 may nevertheless be truthful towards each other4 ,as the regard for life and property1 so the regard for truth varies according as the person concerned is a foreigner or a tribesman4 ,perfidy and faithlessness1 says ,crawfurd1 are vices of the ,indian islanders1 and those vices of which they have been most frequently accused by strangers4 ,this sentence against them must1 however1 be understood with some allowances4 ,in their domestic and social intercourse1 they are far from being a deceitful people1 but in reality possess more integrity than it is reasonable to look for with so much misgovernment and barbarity4 ,it is in their intercourse with strangers and with enemies that1 like other barbarians1 the treachery of their character is displayed4#adf ,the natives of the interior of ,sumatra are dishonest in their dealings with strangers1 which they esteem no moral defect4#adg ,dalager states that the same ,greenlanders who1 among themselves1 in the sale of an object #hh which1 the buyer had not seen1 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 traders4#adh ,the ,touareg1 whilst scrupulously faithful to a promise given to one of their own people1 do not regard as binding a promise given to a ,christian2#adi and their ,arab neighbours say that their word1 like water fallen on the sand1 is never to be found again4#aej ,the ,masai1 according to ,herr ,merker1 hold any kind of deceit to be allowable in their relations with persons of another race4#aea ,the ,hovas of ,madagascar even considered it a duty for anyone speaking with foreigners on political matters to state the exact opposite to the truth1 and punished him who did otherwise4#aeb ,footnote #adb3 ,burton1 ,city of the ,saints1 p4 #acj4 ,vierkandt1 ,naturvlker und ,kulturvlker1 p4 #bgc4 von ,jhering1 ,der ,zweck im ,recht1 ii4 #fjf4 ,footnote #adc3 ,landor1 ,alone with the ,hairy ,ainu1 p4 #bhc4 ,footnote #add3 ,holland1 in ,jour4 ,anthr4 ,inst4 iii4 #bcg4 von ,siebold1 ,aino auf der ,insel ,yesso1 p4 #be4 ,footnote #ade3 ,wallace1 ,travels on the ,amazon1 p4 #did sq4 ,footnote #adf3 ,crawfurd1 op4 cit4 i4 #ga sq4 ,cf4 ,christian1 ,caroline ,islands1 p4 #ga sq4 ,footnote #adg3 ,marsden1 op4 cit4 p4 #bjh4 ,footnote #adh3 ,dalager1 op4 cit4 p4 #fj sq4 ,footnote #adi3 von ,bary1 quoted by ,chavanne1 ,die ,sahara1 p4 #ahf4 ,footnote #aej3 ,dubois1 ,timbuctoo1 p4 #bca4 ,footnote #aea3 ,merker1 ,die ,masai1 p4 #aae4 ,footnote #aeb3 ,ellis1 ,history of ,madagascar1 i4 #add4 ,professor ,stanley ,hall observes 7',children's ,lies1' in ,american ,journal of ,psychology1 iii4 #fb7 that truth for our friends and lies for our enemies is a practical1 though not distinctly conscious rule widely current with children4 ,in point of truthfulness savages are in many cases superior to nations more advanced in culture4 ,a ,chinese1 says ,mr4 ,wells ,williams1 requires but little motive to falsify1 and he is constantly sharpening his wits to cozen his customer--wheedle him by promises and cheat him in goods or work4#aec ,his ordinary speech is said to be so full of insincerity that it is very difficult to learn the truth in almost any case4#aed ,he feels no shame at being detected in a lie1 nor does he fear any punishment from his gods for it2#aee if you call him a liar1 you arouse in him no sense of outrage1 no sentiment of degradation4#aef ,yet the moral teachings of the ,chinese inculcate truthfulness as a stringent duty4 ,one of their injunctions is1 ,let children always be taught to speak the simple truth4#aeg ,many sayings may be quoted from ,confucius in which sincerity is celebrated as highly and demanded as urgently as it ever was by any #hi ,christian moralist4 ,faithfulness and sincerity1 he said1 should be held as first principles4 ,sincerity is the way of ,heaven1 the end and beginning of things1 without which there would be nothing4 ,it is as necessary to truly virtuous conduct as a boat is to a man wishing to cross a river1 or as oars are to a boat4 ,the superior man ought to feel shame when his conduct is not in accord with his words4#aeh ,but there are instances in which sincerity has to yield to family duties3 a father should conceal the misconduct of his son1 and a son that of his father4#aei ,moreover1 the great moralists themselves did not always act up to their lofty principles4 ,confucius and ,mencius sometimes did not hesitate to tell a lie for the sake of convenience4#afj ,the former could excuse himself from seeing an unwelcome visitor on the ground that he was sick1 when there was nothing the matter with him2#afa and he deliberately broke an oath which he had sworn1 because it had been forced from him4#afb ,in ,japan1 ,burma1 and ,siam1 truth is more respected than in ,china4 ,in love of truth1 says ,professor ,rein1 the ,japanese1 so far as my experience goes1 are not inferior to us ,europeans4 #afc ,the ,burmese1 though partial to much exaggeration1 are generally truthful4#afd ,and the mendacity so characteristic of ,orientals is not a national defect among the ,siamese4 ,lying1 no doubt1 is often resorted to as a protection against injustice and oppression1 but the chances are greatly in favour of truth when evidence is sought4#afe ,footnote #aec3 ,wells ,williams1 ,the ,middle ,kingdom1 i4 #hcd4 ,footnote #aed3 ,smith1 ,chinese ,characteristics1 p4 #bga4 ,footnote #aee3 ,cooke1 ,china1 p4 #dad4 ,edkins1 ,religion in ,china1 p4 #abb4 ,bowring1 ,siam1 i4 #ajf4 ,wells ,williams1 op4 cit4 i4 #hcd4 ,footnote #aef3 ,smith1 ,chinese ,characteristics1 p4 #bga4 ,footnote #aeg3 ,wells ,williams1 op4 cit4 i4 #ebb4 ,footnote #aeh3 ,lun ,y1 i4 #h4 #b2 vii4 #bd2 ix4 #bd2 xii4 #aj4 #a2 xv4 #e4 #b4 ,chung ,yung1 xx4 #ah4 ,douglas1 ,confucianism and ,taouism1 pp4 #ajc1 #aad1 #adf4 ,legge1 ,chinese ,classics1 i4 #ajj4 ,footnote #aei3 ,lun ,y1 xiii4 #ah4 #b4 ,footnote #afj3 ,legge1 ,chinese ,classics1 i4 #ajj4 ,smith1 ,chinese ,characteristics1 p4 #bfg4 ,footnote #afa3 ,lun ,y1 vi4 #ac4 ,footnote #afb3 ,lun ,y1 xvii4 #bj4 ,footnote #afc3 ,rein1 ,japan1 p4 #cic4 ,footnote #afd3 ,mac,mahon1 ,far ,cathay and ,farther ,india1 p4 #fb4 ,forbes1 ,british ,burma1 p4 #de4 ,fytche1 ,burma ,past and ,present1 ii4 #fg4 ,footnote #afe3 ,bowring1 ,siam1 i4 #aje4 ,lying has been called the national vice of the ,hindus4#aff ,it is not too much to assert that the mass of ,bengalis have no notion of truth and falsehood4#afg ,a gentleman #ij who has been brought into the closest intimacy with natives of all classes1 declares that when a question is asked1 the full bearing of which on themselves or those connected with them they cannot see1 you may rely upon it that the first answer you receive is false2 but that1 when they see that the truth cannot injure themselves or any one they care for1 they will speak the truth4#afh ,the testimony of a ,hindu is not generally regarded as evidence4#afi ,forgery is frequently resorted to1 cheating is rife4 ,in almost all business transactions of the smallest kind a written agreement must be made on both sides1 and this must be stamped and registered1 because it is believed that a man's word is not binding4#agj ,nor is a lie held disreputable1 especially if not found out4#aga ,but in ,india1 as elsewhere1 the question whether truth or falsehood is to be spoken depends on the relationship between the speaker and the party addressed4 ,in their relations with each other1 says ,sir ,w4 ,h4 ,sleeman1 members of a village community spoke as much truth as those of any other community in the world1 but in their relations with the government they told as many lies2 if a man had told a lie to cheat his neighbour1 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 tax1 he would have become an object of esteem and respect4#agb ,of the ,sdra inhabitants of ,central ,india ,sir ,john ,malcolm likewise observes that they may be said1 in their intercourse with strangers and with officers of government1 to evade the truth1 and often to assert positive falsehoods2 whereas1 in their intercourse with each other1 falsehood is not common1 and many 7particularly some of the cultivators7 are distinguished by their adherence to truth4#agc ,the ancient ,hindus were praised for their veracity and good faith2 #ia in his ,history of ,india1 written in the second century of the ,christian era1 ,arrian states that no ,indian was ever known to tell an untruth4#agd ,in the sacred books of ,india truthfulness is highly celebrated4 ,if veracity and a thousand horse-sacrifices are weighed against each other1 it is found that truth ranks even higher than a thousand horse-sacrifices4#age ,verily the gods are the truth1 and man is the untruth4#agf ,there is one law which the gods do keep1 namely1 the truth4 ,it is through this that their conquest1 their glory is unassailable3 and so1 forsooth1 is his conquest1 his glory unassailable whosoever1 knowing this1 speaks the truth4#agg ,attendance on1 or the worship of1 the sacred fire means speaking the truth3--,whosoever speaks the truth1 acts as if he sprinkled that lighted fire with ghee2 for even so does he enkindle it3 and ever the more increases his own vital energy1 and day by day does he become better4 ,and whosoever speaks the untruth1 acts as if he sprinkled that lighted fire with water2 for even so does he enfeeble it3 and ever the less becomes his own vital energy1 and day by day does he become more wicked4 ,let him1 therefore1 speak nothing but the truth4#agh ,fearful denunciations are particularly pronounced against those who deliver false testimony in a court of justice4#agi ,by giving false evidence concerning small cattle1 a witness commits the sin of killing ten men2 by false evidence concerning cows1 horses1 and men1 he commits the sin of killing a hundred1 a thousand1 and ten thousand men respectively2 but by false evidence concerning land1 he commits the sin of killing the whole human race4#ahj ,the sin of falsehood thus admits of different degrees according to the magnitude of the injury inflicted by it4 ,indeed1 in some cases a man who1 though knowing the facts to be different1 gives such false evidence from a pious motive1 does not lose heaven2 such evidence they call the speech of the gods4#aha #ib ,moreover1 whenever the death of a ,sdra1 of a ,vaisya1 of a ,kshatriya1 or of a ,brhmana would be caused by a declaration of the truth1 a falsehood may be spoken2 for such falsehood is preferable to the truth4#ahb ,according to ,buddhist conceptions of lying1 the magnitude of the crime increases in proportion to the value of the article1 or the importance of the matter1 about which the lie is told4#ahc ,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 neighbour4 ,thus1 to deny the possession of any article1 in order to retain it1 is not a lie of a heinous description1 whereas to bear false witness in order that the proper owner may be deprived of that which he possesses1 is a lie to which a greater degree of culpability is attached4#ahd ,the ,buddhist precept of truthfulness is more restricted than that laid down by ,brahmanism3--,it is said by the ,brahmans that it is not a crime to tell a lie on behalf of the guru1 or on account of cattle1 or to save the person's own life1 or to gain the victory in any contest2 but this is contrary to the precept4#ahe ,one of the conditions that make a ,buddha is1 never1 under the influence of desire and other passions1 to utter a conscious lie1 for the sake of wealth or any other advantage4#ahf ,from the time that ,gautama became a ,bodhisattva1 or claimant for the ,buddhaship1 through all his births until the attainment of the ,buddhaship1 he never told a lie2 and it were easier for the sakwala or system of worlds to be blown away than for a supreme ,buddha to utter an untruth4#ahg ,his followers are not equally scrupulous4 ,the ,buddhists of ,ceylon1 we are told1 lie without compunction1 and are not ashamed to be detected in a lie4#ahh ,and religious ,mongols do not hesitate to tell lies even when saying their prayers4#ahi ,footnote #aff3 ,caldwell1 ,tinnevelly ,shanars1 p4 #ch4 ,cf4 ,kearns1 ,tribes of ,south ,india1 pp4 #fd 7,reddies and ,hindus generally71 #fh 7,reddies and ,naickers72 ,burton1 ,sindh1 pp4 #aig1 #bhd2 ,idem1 ,sind ,revisited1 i4 #cad4 ,footnote #afg3 ,trevelyan1 quoted by ,wilkins1 ,modern ,hinduism1 p4 #dja4 ,footnote #afh3 ,wilkins1 ,modern ,hinduism1 p4 #cii sq4 ,footnote #afi3 ,percival1 ,land of the ,veda1 p4 #bhh4 ,footnote #agj3 ,wilkins1 op4 cit4 p4 #djg sq4 ,footnote #aga3 ,ibid4 p4 #djj4 ,caldwell1 op4 cit4 p4 #dj4 ,footnote #agb3 ,sleeman1 op4 cit4 ii4 #abc4 ,cf4 ibid4 ii4 #aah1 #abi sq42 ,crooke1 ,tribes and ,castes of the ,north-,western ,provinces and ,oudh1 ii4 #dgh 7,hbra74 ,footnote #agc3 ,malcolm1 ,memoir of ,central ,india1 ii4 #aga4 ,cf4 ,hislop1 op4 cit4 p4 #a4 ,footnote #agd3 ,arrian1 ,historia ,indica1 xii4 #e4 ,footnote #age3 ,institutes of ,vishnu1 viii4 #cf4 ,footnote #agf3 ,satapatha-,brhmana1 i4 #a4 #a4 #d2 iii4 #c4 #b4 #b4 ,footnote #agg3 ,ibid4 iii4 #d4 #b4 #h4 ,cf4 ibid4 i4 #a4 #a4 #e4 ,footnote #agh3 ,ibid4 ii4 #b4 #b4 #ai4 ,footnote #agi3 ,laws of ,manu1 viii4 #hb4 ,footnote #ahj3 ,gautama1 xiii4 #ad sqq4 ,footnote #aha3 ,laws of ,manu1 viii4 #ajc4 ,footnote #ahb3 ,laws of ,manu1 viii4 #ajd4 ,footnote #ahc3 ,hardy1 ,manual of ,budhism1 p4 #dhf4 ,footnote #ahd3 ,ibid4 p4 #dhe4 ,footnote #ahe3 ,ibid4 p4 #dhf4 ,footnote #ahf3 ,jtaka ,tales1 p4 #bc4 ,footnote #ahg3 ,hardy1 op4 cit4 p4 #dhf4 ,footnote #ahh3 ,knox1 quoted by ,schmidt1 ,ceylon1 p4 #bci4 ,footnote #ahi3 ,gilmour1 ,among the ,mongols1 p4 #bei4 #ic ,according to ,zoroastrianism1 truthfulness is a most sacred duty4 ,lying is a creation of the evil spirits1 and the most efficacious weapon against it is the holy religion revealed to man by ,zarathustra4#aij ,in one of the ,pahlavi texts it is said that when the ,spirit of ,wisdom was asked1 ,through how many ways and motives and good works do people arrive most at heaven8 he answered thus3 ,the first good work is liberality1 the second truth4#aia ,contracts are inviolable1 both those which are pledged with hand or pawn1 and those by a mere word4#aib ,it is a duty to keep faith even with an unbeliever3--,break not the contract1 ,o ,spitama1 neither the one that thou hadst entered into with one of the unfaithful1 nor the one that thou hadst entered into with one of the faithful who is one of thy own faith4#aic ,greek historians and cuneiform inscriptions also bear witness to the great detestation in which falsehood was held by the ancient ,persians4 ,herodotus writes3--,their sons are carefully instructed from their fifth to their twentieth year in three things alone--to ride1 to draw the bow1 and to speak the truth4 4 4 4 ,the most disgraceful thing in the world1 they think1 is to tell a lie2 the next worse1 to owe a debt3 because1 among other reasons1 the debtor is obliged to tell lies4#aid ,in the inscriptions of ,darius lying is taken as representative of all evil4 ,he is favoured by ,ormuzd because he was not a heretic1 nor a liar1 nor a tyrant4 ,his great fear is lest it may be thought that any part of the record which he has set up has been falsely related2 and he even abstains from narrating certain events of his reign lest to him who may hereafter peruse the tablet1 the many deeds that have been done by him may seem to be falsely recorded4#aie ,professor ,spiegel tries to prove that #id falsehood1 not truthfulness1 was a national characteristic of the ancient ,eranians1 to which their noblest men offered fruitless resistance2#aif but the facts he quotes in support of his opinion refer to their dealings with foreign nations1 and have consequently little bearing on the subject4 ,the modern ,persians are notorious liars1 who do not even claim to be believed1 and smile when detected in a lie4#aig ,the nomad alone is faithful to his word2 the expression1 ,i am a nomad1 means1 ,you may trust me4#aih ,footnote #aij3 ,bundahis1 i4 #bd2 xxviii4 #ad1 #af4 ,dn- ,mang- ,khirad1 xix4 #d1 #f2 xxx4 #e2 xxxvi4 #bi4 ,darmesteter1 in ,sacred ,books of the ,east1 iv4 p4 lxii4 ,spiegel1 ,ernische ,alterthumskunde1 iii4 #fhd sq4 ,geiger1 ,civilization of the ,eastern ,iranians1 i4 #afd sq4 ,meyer1 ,geschichte des ,alterthums1 i4 #ecd1 #ecf4 ,footnote #aia3 ,dn- ,mang- ,khirad1 xxxvii4 #b sqq4 ,footnote #aib3 ,venddd1 iv4 #e sqq4 ,footnote #aic3 ,yasts1 x4 #b4 ,footnote #aid3 ,herodotus1 i4 #acf1 #ach4 ,cf4 ,stobus1 ,florilegium1 #dd1 vol4 ii4 #bbg2 ,xenophon1 ,cyri ,institutio1 i4 #f4 #cc4 ,footnote #aie3 ,rawlinson1 in his translation of ,herodotus1 i4 #bfb sq4 n4 #c4 ,footnote #aif3 ,spiegel1 op4 cit4 iii4 #fhf4 ,footnote #aig3 ,polak1 ,persien1 i4 #aj4 ,wallin1 ,reseanteckningar frn ,orienten1 iv4 #aib1 #bdg4 ,wilson1 ,persian ,life and ,customs1 p4 #bbi sqq4 ,footnote #aih3 ,polak1 op4 cit4 ii4 #ie4 ,falsehood is a prevailing vice in other ,muhammedan countries also4 ,constant veracity1 says ,mr4 ,lane1 is a virtue extremely rare in modern ,egypt2 and a deceitful disposition in commercial transactions is one of the most notorious faults of the ,egyptian4#aii ,mr4 ,lane partly ascribes this habit to the influence of ,islam1 which allows1 and even commands1 falsehood in certain cases4 ,the common ,moslem doctrine is1 that a lie is permissible when told in order to save one's own life1 or to reconcile persons at variance with each other1 or to please or persuade one's wife1 or to obtain any advantage in a war with the enemies of the faith4#bjj ,but in other cases lying was highly reprobated by the ,prophet2 and that the people have not forgotten its sinfulness appears from the phrase1 ,no1 ,i beg forgiveness of ,god1 it was so and so1 which they seldom omit when retracting an unintentional mis-statement4#bja ,i think it is erroneous to regard the want of truthfulness among ,muhammedan nations as a result of their religion4 ,the ,eastern ,christians and ,buddhists are no less addicted to falsehood than the ,muhammedans4#bjb ,footnote #aii3 ,lane1 ,manners and ,customs of the ,modern ,egyptians1 i4 #chb sq4 ,cf4 ,burckhardt1 ,arabic ,proverbs1 p4 #ajj4 ,footnote #bjj3 ,lane1 ,modern ,egyptians1 i4 #chc4 ,muir1 ,life of ,mahomet1 i4 p4 lxxiii4 sq4 n4 dagger4 ,footnote #bja3 ,lane1 ,modern ,egyptians1 i4 #chc sq4 ,footnote #bjb3 ,vmbry1 ,der ,islam im neunzehnten ,jahrhundert1 p4 #bcb4 ,the ,homeric poems make us acquainted with gods and men who have recourse to fraud and lying whenever it suits their purpose4#bjc ,the great ,zeus makes no difficulty #ie in sending a lying dream to ,agamemnon4 ,pallas ,athene is guilty of gross deceit and treachery to ,hector2 she expressly recommends dissimulation1 and loves ,odysseus on account of his deceitful character4#bjd ,no man deals more in feigned stories than this master of cunning1 who makes a boast of his falsehood4#bje ,in the period which lies between the ,homeric age and the ,persian wars veracity made perhaps some progress among the ,greeks1#bjf but it never became one of their national virtues4#bjg ,yet in the ,greek literature deceit is frequently condemned as a vice1 and truthfulness praised as a virtue4#bjh ,achilles expresses his horror of lying4#bji ,not to tell a lie1 was one of the maxims of ,solon4#baj ,pindar strongly censures a character like that of ,odysseus1#baa and ends up his eulogy on ,psaumis by the assurance that he never would contaminate his speech with a lie4#bab ,according to ,pythagoras1 men become like gods when they speak the truth4#bac ,according to ,plato1 the habit of lying makes the soul ugly#bad2 truth is the beginning of every good thing1 both to gods and men4#bae ,yet a distinction should be made between different kinds of untruth4 ,though the many are too fond of saying that at proper times and places falsehood may often be right1#baf it must be admitted that a lie is in certain cases useful and not hateful1 as in dealing with enemies1 or when those whom we call our friends in a fit of madness or illusion are going to do some harm4#bag ,moreover1 the rulers of the ,state are allowed to lie for the public good1 just as physicians make use of medicines2 and they will find a considerable dose of falsehood and deceit necessary for this purpose4#bah ,on the other hand1 if the ruler catches anybody besides himself lying in the #if ,state1 lie will punish him for introducing a practice which is equally subversive and destructive of ships or ,state4#bai ,next to him who takes a false oath1 he who tells a falsehood in the presence of his superiors--elders1 parents1 or rulers--is most hateful to the gods4#bbj ,footnote #bjc3 ,cf4 ,kames1 ,sketches of the ,history of ,man1 iv4 #aej sq42 ,mahaffy1 ,social ,life in ,greece1 p4 #bf sqq4 ,footnote #bjd3 ,odyssey1 xiii4 #cca sq4 ,footnote #bje3 ,ibid4 ix4 #ai sq4 ,footnote #bjf3 ,schmidt1 ,die ,ethik der alten ,griechen1 ii4 #dac4 ,footnote #bjg3 ,cf4 ,thucydides1 iii4 #hc4 ,footnote #bjh3 ,see ,schmidt1 op4 cit4 ii4 #djc sqq4 ,footnote #bji3 ,iliad1 ix4 #cab sq4 ,footnote #baj3 ,diogenes ,laertius1 ,vit philosophorum1 i4 #b 7#fj74 ,footnote #baa3 ,pindar1 ,nemea1 viii4 #bf4 ,footnote #bab3 ,idem1 ,olympia1 iv4 #ag4 ,footnote #bac3 ,stobus1 op4 cit4 xi4 #be1 vol4 i4 #cab4 ,footnote #bad3 ,plato1 ,gorgias1 p4 #ebd sq4 ,footnote #bae3 ,idem1 ,leges1 v4 #gcj4 ,footnote #baf3 ,ibid4 xi4 #iaf4 ,footnote #bag3 ,plato1 ,respublica1 ii4 #chb4 ,footnote #bah3 ,ibid4 iii4 #chi2 v4 #dei4 ,footnote #bai3 ,plato1 ,respublica1 iii4 #chi4 ,footnote #bbj3 ,idem1 ,leges1 xi4 #iag4 ,idem1 ,respublica1 iii4 #chi4 ,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 ,phoenicians4 ,the goddess of faith 7of human and social faith71 says ,gibbon1 was worshipped1 not only in her temples1 but in the lives of the ,romans2 and if that nation was deficient in the more amiable qualities of benevolence and generosity1 they astonished the ,greeks by their sincere and simple performance of the most burdensome engagements4#bba ,their annals are adorned with signal examples of uprightness1 which1 though to a great extent fictitious1 yet bear testimony to the estimation in which that quality was held4#bbb ,the ,greeks had no ,regulus who chose to deliver himself up to a cruel death rather than to falsify his word to the enemy4#bbc ,the basest forms of falsehood were severely punished by law4 ,according to the ,twelve ,tables1 any one who had slandered or libelled another by imputing to him a wrongful or immoral act1 was to be scourged to death1#bbd and capital punishment was also inflicted on false witnesses#bbe and corrupt judges4#bbf ,however1 already before the end of the ,republic dishonesty1 perjuries1 and forgeries became common in ,rome4#bbg ,footnote #bba3 ,gibbon1 ,history of the ,decline and ,fall of the ,roman ,empire1 v4 #caa4 ,footnote #bbb3 ,cf4 ,inge1 ,society in ,rome under the ,csars1 p4 #cc sq4 ,footnote #bbc3 ,cicero1 ,de officiis1 i4 #ac4 ,footnote #bbd3 ,lex ,duodecim ,tabularum1 viii4 #a4 ,footnote #bbe3 ,ibid4 viii4 #bc4 ,aulus ,gellius1 ,noctes ,attic1 xx4 i4 #ec4 ,footnote #bbf3 ,lex ,duodecim ,tabularum1 ix4 #c4 ,aulus ,gellius1 op4 cit4 xx4 i4 #g4 ,footnote #bbg3 ,inge1 op4 cit4 p4 #ce4 ,the ancient ,scandinavians considered it disgraceful for a man to tell a lie1 to break a promise1 or to commit a treacherous act4#bbh ,to kill or rob openly was a pardonable offence1 if an offence at all2 but he who did it secretly was a nithinger1 a hateful man1 unless indeed he afterwards #ig openly declared his deed4#bbi ,in the ,irish ,senchus ,mr it is said that not only false witness1 but lying in general1 deprives the guilty person of half his honour-price up to the third time2#bcj and1 according to the commentary to the ,book of ,aicill1 the double of his own full honour-price is due from each person who commits the crime of secret murder4#bca ,footnote #bbh3 ,maurer1 ,bekehrung des ,norwegischen ,stammes1 ii4 #aed1 #ahc sq4 ,rosenberg1 ,nordboernes ,aandsliv1 i4 #dhg4 ,footnote #bbi3 ,wilda1 ,strafrecht der ,germanen1 p4 #efi4 ,nordstrm1 ,bidrag till den svenska samhlls-frfattningens historia1 ii4 #cbj sqq4 ,keyser1 ,efterladte ,skrifter1 ii4 pt4 i4 #cfa4 ,rosenberg1 ,nordboernes ,aandsliv1 i4 #dhg4 von ,amira1 ',recht1' in ,paul's ,grundriss der germanischen ,philologie1 ii4 pt4 ii4 #agc4 ,footnote #bcj3 ,ancient ,laws of ,ireland1 i4 #eg4 ,footnote #bca3 ,ibid4 iii4 #ii4 ,in the ,old ,testament there are recorded1 from the patriarchal age1 some cases of lying1 which1 far from being condemned1 in no way prevented the liar being a special object of divine favour4 ,it must be admitted1 however1 that undue importance has been attached to some of these acts of falsehood1#bcb which were committed among foreigners with a view to escaping an impending danger4#bcc ,for instance1 when ,isaac1 dwelling in ,gerar1 said of his wife that she was his sister1 for fear lest the men of the place should kill him1#bcd he did a thing which few conscientious men under similar circumstances would hesitate to do4 ,as for ,jacob's long course of double-dealing with his father-in-law1 who was equally greedy and unscrupulous1 it should be remembered that they were natives of different lands4#bce ,again1 when ,jacob1 at the instigation of his mother1 grossly deceived his own blind father1 the intriguers1 as has been pointed out1#bcf manifestly felt that the blessing extorted from ,isaac ought to descend upon ,jacob rather than upon ,esau1 and inasmuch as the word of the father was held to carry with it divine validity and potency1 the securing of it by fair means or foul was deemed an urgent necessity4 ,it is obvious that the ancient ,hebrews did not condemn deceit as wrong in the abstract1 and that they were very unscrupulous in the use of means4 ,whenever #ih ,david was threatened by any danger1 he immediately employed a falsehood which served his turn2 though not incapable of generosity1 he deceived enemies and friends indifferently1 and there is probably no record of treachery and lying consistently pursued which surpasses in baseness his affair with his faithful servant ,uriah the ,hittite4#bcg ,it is true that his conduct towards ,uriah was condemned2 the thing that ,david had done displeased the ,lord4#bch ,but it is significant that ,yahveh himself occasionally had recourse to deceit for the purpose of carrying out his plans4 ,in order to ruin ,ahab he commissioned a lying spirit to deceive his prophets2#bci and once he threatened to use deception as a means of taking revenge upon idolaters4#bdj ,but to bear false witness against a neighbour was strictly prohibited2#bda the false witness should suffer the punishment which he was minded to bring upon the person whom he calumniated4#bdb ,in ,ecclesiasticus lying is severely censured3--,a lie is a foul blot in a man1 yet it is continually in the mouth of the untaught4 ,a thief is better than a man that is accustomed to lie3 but they both shall have destruction to heritage4 ,the disposition of a liar is dishonourable1 and his shame is ever with him4#bdc ,lying lips are abomination to the ,lord3 but they that deal truly are his delight4#bdd ,according to the ,talmud1 four shall not enter ,paradise3 the scoffer1 the liar1 the hypocrite1 and the slanderer4#bde ,only for the sake of peace1 and especially domestic peace1 may a man tell a lie without sinning2#bdf but he who changes his word commits as heavy a sin as he who worships idols4#bdg ,the duty of truthfulness was particularly emphasised by the ,essenes4#bdh ,he who entered their sect had to pledge himself always to love #ii truth and strive to reclaim all liars4#bdi ,they are eminent for fidelity1 says ,josephus4 ,whatsoever they say also is firmer than an oath2 but swearing is avoided by them1 and they esteem it worse than perjury2 for they say that he who cannot be believed without swearing by ,god is already condemned4#bej ,footnote #bcb3 ,e4g41 by ,mc,curdy1 ',moral ,evolution of the ,old ,testament1' in ,american ,journal of ,theology1 i4 #ffe sq42 von ,jhering1 ,zweck im ,recht1 ii4 #fjf sq42 ,spencer1 ,principles of ,ethics1 i4 #djb4 ,footnote #bcc3 ,genesis1 xii4 #ab sq42 xx4 #b4 ,footnote #bcd3 ,ibid4 xxvi4 #g4 ,footnote #bce3 ,ibid4 ch4 xxix4 sqq4 ,footnote #bcf3 ,mc,curdy1 loc4 cit4 p4 #fff4 ,footnote #bcg3 ,cf4 ,kuenen1 ,religion of ,israel1 i4 #cbg2 ,mc,curdy1 loc4 cit4 p4 #fha4 ,footnote #bch3 #b ,samuel1 xi4 #bg2 xii4 #a sqq4 ,footnote #bci3 #a ,kings1 xxii4 #bj sqq4 ,footnote #bdj3 ,ezekiel1 xiv4 #g sqq4 ,cf4 ,spencer1 ,principles of ,ethics1 i4 #djb4 ,footnote #bda3 ,deuteronomy1 v4 #bj4 ,footnote #bdb3 ,ibid4 xix4 #a #f sqq4 ,footnote #bdc3 ,ecclesiasticus1 xx4 #bd sqq4 ,footnote #bdd3 ,proverbs1 xii4 #bb4 ,footnote #bde3 ,deutsch1 ,literary ,remains1 p4 #eg4 ,footnote #bdf3 ,hershon1 ,treasures of the ,talmud1 p4 #fi sq4 ,footnote #bdg3 ,sanhedrin1 fol4 #ib ,a1 quoted by ,montefiore1 ,hibbert ,lectures on the ,religion of the ,ancient ,hebrews1 p4 #eeh4 ,footnote #bdh3 ,philo ,judus1 ,quod liber sit quisque virtuti studet1 p4 #hgg 7,opera1 ii4 #deh74 ,footnote #bdi3 ,josephus1 ,de bello ,judaico1 ii4 #h4 #g4 ,footnote #bej3 ,ibid4 ii4 #h4 #f4 ,speak every man truth with his neighbour1#bea was from early times regarded as one of the most imperative of ,christian maxims4#beb ,according to ,st4 ,augustine1 a lie is not permissible even when told with a view to saving the life of a neighbour2 since by lying eternal life is lost1 never for any man's temporal life must a lie be told4#bec ,yet all lies are not equally sinful2 the degree of sinfulness depends on the mind of the liar and on the nature of the subject on which the lie is told4#bed ,this became the authorised doctrine of the ,church4#bee ,thomas ,aquinas says that1 although lying is always sinful1 it is not a mortal sin if the end intended be not contrary to charity1 as appears in a jocose lie1 that is intended to create some slight amusement1 and in an officious lie1 in which is intended even the advantage of our neighbour4#bef ,yet from early times we meet within the ,christian ,church a much less rigorous doctrine1 which soon came to exercise a more powerful influence on the practice and feelings of men than did ,st4 ,augustine's uncompromising love of truth4 ,the ,greek ,fathers maintained that an untruth is not a lie when there is a just cause #ajj for it2 and as a just cause they regarded not only self-defence1 but also zeal for ,god's honour4#beg ,this zeal1 together with an indiscriminate devotion to the ,church1 led to those pious frauds1 those innumerable falsifications of documents1 inventions of legends1 and forgeries of every description1 which made the ,catholic ,church a veritable seat of lying1 and most seriously impaired the sense of truth in the minds of ,christians4#beh ,by a fiction1 ,papacy1 as a divine institution1 was traced back to the age of the ,apostles1 and in virtue of another fiction ,constantine was alleged to have abdicated his imperial authority in ,italy in favour of the successor of ,st4 ,peter4#bei ,the ,bishop of ,rome assumed the privilege of disengaging men from their oaths and promises4 ,an oath which was contrary to the good of the ,church was declared not to be binding4#bfj ,the theory was laid down that1 as faith was not to be kept with a tyrant1 pirate1 or robber1 who kills the body1 it was still less to be kept with an heretic1 who kills the soul4#bfa ,private protestations were thought sufficient to relieve men in conscience from being bound by a solemn treaty or from the duty of speaking the truth2 and an equivocation1 or play upon words in which one sense is taken by the speaker and another sense intended by him for the hearer1 was in some cases held permissible4#bfb ,according to ,alfonso de' ,liguori--who lived in the eighteenth century and was beatified in the nineteenth1 and whose writings were declared by high authority not to contain a word that could be justly found fault with1#bfc-- #aja there are three sorts of equivocation which may be employed for a good reason1 even with the addition of a solemn oath4 ,we are allowed to use ambiguously words having two senses1 as the word volo1 which means both to wish and to fly2 sentences bearing two main meanings1 as ,this book is ,peter's1 which may mean either that the book belongs to ,peter or that ,peter is the author of it2 words having two senses1 one more common than the other or one literal and the other metaphorical--for instance1 if a man is asked about something which it is in his interest to conceal1 he may answer1 ,no1 ,i say1 that is ,i say the word 'no'#bfd ,as for mental restrictions1 again1 such as are purely mental1 and on that account cannot in any manner be discovered by other persons1 are not permissible2 but we may1 for a good reason1 make use of a non-pure mental restriction1 which1 in the nature of things1 is discoverable1 although it is not discovered by the person with whom we are dealing4#bfe ,thus it would be wrong secretly to insert the word no in an affirmative oath without any external sign2 but it would not be wrong to insert it in a whispering voice or under the cover of a cough4 ,the good reason for which equivocations and non-pure mental restrictions may be employed is defined as any honest object1 such as keeping our goods spiritual or temporal4#bff ,in support of this casuistry it is uniformly said by ,catholic apologists that each man has a right to act upon the defensive1 that he has a right to keep guard over the knowledge which he possesses in the same way as he may defend his goods2 and as for there being any deceit in the matter--why1 soldiers use stratagems in war1 and opponents use feints in fencing4#bfg ,footnote #bea3 ,ephesians1 iv4 #be4 ,footnote #beb3 ,gass1 ,geschichte der christlichen ,ethik1 i4 #ij4 ,footnote #bec3 ,st4 ,augustine1 ,de mendacio1 #f 7,migne1 ,patrologi cursus1 xl4 #did sq474 ,footnote #bed3 ,idem1 ,enchiridion1 #ah 7,migne1 op4 cit4 xl4 #bdj72 ,idem1 ,de mendacio1 #ba 7,migne1 xl4 #eaf74 ,for ,st4 ,augustine's views on lying see also his treatise ,contra mendacium1 addressed to ,consentius 7,migne1 xl4 #eag sqq471 and ,bindemann1 ,der heilige ,augustinus1 ii4 #dfe sqq4 ,footnote #bee3 ,gratian1 ,decretum1 ii4 #bb4 #b4 #ab1 #ag4 ,catechism of the ,council of ,trent1 iii4 #i4 #bc4 ,footnote #bef3 ,thomas ,aquinas1 ,summa theologica1 ii4-ii4 9999#aaj4 #c sq4 ,st4 ,augustine says 7,de mendacio1 #b ,migne1 op4 cit4 xl4 #dhg sq42 ,qustiones in ,genesim1 #ade1 ad ,gen4 xliv4 #ae ,migne1 xxxiv4 #ehg7 that jokes which bear with them in the tone of voice1 and in the very mood of the joker a most evident indication that he means no deceit1 are not accounted lies1 though the thing he utters be not true4 ,this statement is also incorporated in ,gratian's ,decretum 7ii4 #bb4 #b4 #ah74 ,footnote #beg3 ,gass1 op4 cit4 i4 #ia1 #ib1 #bcf sqq4 ,newman1 ,apologia pro vita sua1 p4 #cdi sq4 ,footnote #beh3 von ,mosheim1 ,institutes of ,ecclesiastical ,history1 i4 #bge4 ,middleton1 ,free ,inquiry into the ,miraculous ,powers1 which are supposed to have subsisted in the ,christian ,church1 passim4 ,lecky1 ,rise1 and ,influence of ,rationalism in ,europe1 i4 #cif sqq4 ,gass1 op4 cit4 i4 #ia1 #bce4 von ,eicken1 ,system der mittelalterlichen ,weltanschauung1 pp4 #fed-fef1 #ffc4 ,footnote #bei3 von ,eicken1 op4 cit4 p4 #fef4 ,poole1 ,illustrations of the ,history of ,medieval ,thought1 p4 #bdi4 ,footnote #bfj3 ,gregory ,,ix4 ,decretales1 ii4 #bd4 #bg4 ,footnote #bfa3 ,simancas1 ,de catholicis institutionibus1 xlvi4 #eb sq4 p4 #cfe sq4 ,footnote #bfb3 ,alagona1 ,compendium manualis ,d4 ,navarri1 xii4 #hh1 p4 #id sq43--,fur1 qui est furatus aliquid1 si interrogetur a judice non competenti1 vel non juridice1 an sit furatus tale quid1 potest secura conscientia respondere simpliciter1 non sum furatus1 intelligendo intra se in tali die1 vel anno4 ,see also ,kames1 op4 cit4 iv4 #aeh sq4 ,footnote #bfc3 ,meyrick1 ,moral and ,devotional ,theology of the ,church of ,rome1 i4 #c4 ,footnote #bfd3 ,alfonso de' ,liguori1 ,theologia moralis1 iii4 #aea1 vol4 i4 #bdi4 ,footnote #bfe3 ,ibid4 iii4 #aeb1 vol4 i4 #bdi4 ,footnote #bff3 ,ibid4 iii4 #aea1 vol4 i4 #bdi4 ,footnote #bfg3 ,meyrick1 op4 cit4 i4 #be ,adherence to truth and especially perfect fidelity to a promise were strongly insisted upon by the code of ,chivalry4#bfh ,however exacting or absurd the vow might #ajb be1 a knight was compelled to perform it in all the strictness of the letter4 ,a man frequently promised to grant whatever another should ask1 and he would have lost the honour of his knighthood if he had declined from his word4#bfi ,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 wife1 he would neither listen to the lamentations of the unfortunate woman1 nor to any representations which could be made him2 he replied that a king must not go from his word1 and the queen was accordingly delivered to the knight4#bgj ,the knights taken in war were readily allowed liberty for the time they asked1 on their word of honour that they would return of their own accord1 whenever it should be required4#bga ,so great1 it is said1 was the knight's respect for an oath1 a promise1 or a vow1 that when they lay under any of these restrictions1 they appeared everywhere with little chains attached to their arms or habits to show all the world that they were slaves to their word2 nor were these chains taken off till their promise had been performed1 which sometimes extended to a term of four or five years4#bgb ,it cannot be expected1 of course1 that reality should have always come up to the ideal4 ,in the thirteenth century the ,count of ,champagne declared that he confided more in the lowest of his subjects than in his knights4#bgc ,moreover1 the knightly duty of sincerity seems to have gone little beyond the formal fulfilment of an engagement4 ,the age of ,chivalry was an age of chicane1 and fraud1 and trickery1 which were not least conspicuous among the knightly classes4#bgd ,it is significant that the ,english law of the thirteenth century1 though quite willing to admit in vague phrase that no one should be suffered to gain anything by fraud1 was inclined to hold that a man has himself to thank if he is misled by deceit1 the king's court generally providing no remedy for him who to #ajc his disadvantage had trusted the word of a liar4#bge ,towards the end of the ,middle ,ages and later1 crimes against the ,mint and the offence of counterfeiting seals1 usually accompanied by that of forging letters or official documents1 were extremely common in ,england2#bgf and false weights1 false measures1 and false pretences of all kinds were ordinary instruments of commerce4#bgg ,footnote #bfh3 ,book of the ,ordre of ,chyualry1 foll4 #ah b1 #ca b1 #cd b4 ,robertson1 ,history of the ,reign of ,charles ,v4 i4 #hd4 ,sainte-,palaye1 ,mmoires sur l'ancienne chevalerie1 i4 #gf sq4 ,footnote #bfi3 ,mills1 ,history of ,chivalry1 p4 #aeb4 ,footnote #bgj3 ,lancelot du ,lac1 vol4 ii4 fol4 #b a4 ,footnote #bga3 ,sainte-,palaye1 op4 cit4 i4 #ace4 ,footnote #bgb3 ,ibid4 i4 #bcf sq4 ,footnote #bgc3 ,ibid4 ii4 #dg4 ,cf4 ,kames1 op4 cit4 iv4 #aeg4 ,footnote #bgd3 ,pike1 ,history of ,crime in ,england1 i4 #bhc4 ,footnote #bge3 ,pollock and ,maitland1 ,history of ,english ,law before the ,time of ,edward ,i4 ii4 #ece sq4 ,footnote #bgf3 ,pike1 op4 cit4 i4 #bfe1 #bfi2 ii4 #cib4 ,footnote #bgg3 ,ibid4 i4 #adb2 ii4 #bch4 ,in modern times1 according to ,mr4 ,pike1 the ,public ,records testify a decrease of deception in ,england4#bgh ,commercial honesty has improved1 and those mean arts to which1 during the reigns of the ,tudors1 even men in the highest positions frequently had recourse1 have now1 at any rate1 descended to a lower grade of society4#bgi ,at present1 in the civilised countries of the ,west1 opinion as to what the duty of sincerity implies varies not only in different individuals1 but among different classes or groups of people1 as also among different nations4 ,duplicity is held more reprehensible in a gentleman than in a shopkeeper or a peasant4 ,the notion which seems to be common in ,england1 that an advocate is over-scrupulous who refuses to say what he knows to be false if he is instructed to say it1#bhj appears strange at least to some foreigners2#bha and in certain countries it is commonly regarded as blamable if a person ostensibly professes a religion in which he does not believe1 say1 by going to church4 ,the ,quakers deem all complimentary modes of speech1 for instance in addressing people1 to be objectionable as being inconsistent with truth4#bhb ,certain philosophers have expressed the opinion that veracity is an unconditional duty1 which is not to be limited by any expediency1 but must be respected in all circumstances4 ,according to ,kant1 it would be a crime to tell a falsehood to a murderer who asked us whether #ajd our friend1 of whom he was in pursuit1 had taken refuge in our house4#bhc ,fichte maintains that the defence of so-called necessary lies is the most wicked argument possible amongst men4#bhd ,dymond says1 ,if ,i may tell a falsehood to a robber in order to save my property1 ,i may commit parricide for the same purpose4#bhe ,but this rigorous view is not shared by common sense1 nor by orthodox ,protestant theology4#bhf ,jeremy ,taylor asks1 ,who will not tell a harmless lie to save the life of his friend1 of his child1 of himself1 of a good and brave man8#bhg ,where deception is designed to benefit the person deceived1 says ,professor ,sidgwick1 common sense seems to concede that it may sometimes be right3 for example1 most persons would not hesitate to speak falsely to an invalid1 if this seemed the only way of concealing facts that might produce a dangerous shock3 nor do ,i perceive that any one shrinks from telling fictions to children1 on matters upon which it is thought well that they should not know the truth4#bhh ,in the case of grown-up people1 however1 this principle seems to require the modification made by ,hutcheson1 that there is no wrong in false speech when the party deceived himself does not consider it an injury to be deceived4#bhi ,otherwise it might easily be supposed to give support to pious fraud1 which in its crudest form is nowadays generally disapproved of1 but which in subtle disguise still has many advocates among religious partisans4 ,it is argued that the most important truths of religion cannot be conveyed into the minds of ordinary men1 except by being enclosed1 as it were1 in a shell of fiction1 and that by relating such fictions as if they were facts we are really performing an act of substantial veracity4#bij ,but this argument seems chiefly to have been invented for the #aje purpose of supporting a dilapidated structure of theological teaching1 and can hardly be accepted by any person unprejudiced by religious bias4 ,as a means of self-defence deviation from truth has been justified not only in the case of grosser injuries1 but in the case of illegitimate curiosity1 as it seems unreasonable that a person should be obliged to supply another with information which he has no right to exact4#bia ,the obligation of keeping a promise1 again1 is qualified in various ways4 ,thoughtful persons would commonly admit that such an obligation is relative to the promisee1 and may be annulled by him4#bib ,a promise to do an immoral act is held not to be binding1 because the prior obligation not to do the act is paramount4#bic ,if1 before the time comes to fulfil a promise1 circumstances have altered so much that the effects of keeping it are quite different from those which were foreseen when it was made1 all would agree that the promisee ought to release the promiser2 but if he declines to do so1 some would say that the latter is in every case bound by his promise1 whilst others would maintain that a considerable alteration of circumstances has removed the obligation4#bid ,how far promises obtained by force or fraud are binding is a much disputed question4#bie ,according to ,hutcheson1 for instance1 no regard is due to a promise which has been extorted by unjust violence4#bif ,adam ,smith1 on the other hand1 considers that whenever such a promise is violated1 though for the most necessary reason1 it is always with some degree of dishonour to the person who made it1 and that a brave man ought to die rather than make a promise #ajf which he can neither keep without folly nor violate without ignominy4#big ,footnote #bgh3 ,ibid4 i4 #bfd4 ,cf4 ibid4 ii4 #dgd4 ,footnote #bgi3 ,ibid4 ii4 #ad sq4 ,footnote #bhj3 ,sidgwick1 ,methods of ,ethics1 p4 #caf4 ,paley1 ,principles of ,moral and ,political ,philosophy1 iii4 #ae 7,complete ,works1 ii4 #aag74 ,the same view was expressed by ,cicero 7,de officiis1 ii4 #ad74 ,footnote #bha3 ,see also ,dymond1 ,essays on the ,principles of ,morals1 ii4 #e1 p4 #ej sqq4 ,footnote #bhb3 ,gurney1 ,views and ,practices of the ,society of ,friends1 p4 #dja4 ,footnote #bhc3 ,kant1 ',ueber ein vermeintes ,recht1 aus ,menschenliebe zu ,lgen1' in ,smmtliche ,werke1 vii4 #cji4 ,footnote #bhd3 ,fichte1 ,das ,system der ,sittenlehre1 p4 #cga2 ,english translation1 p4 #cjc sq4 ,footnote #bhe3 ,dymond1 op4 cit4 ii4 #f1 p4 #eg4 ,footnote #bhf3 ,reinhard1 ,system der ,christlichen ,moral1 iii4 #aic sqq4 ,martensen1 ,christian ,ethics1 ',individual ,ethics1' p4 #baf sqq4 ,newman1 ,apologia pro vita sua1 p4 #bgd4 ,footnote #bhg3 ,taylor1 ,whole ,works1 xii4 #afb4 ,footnote #bhh3 ,sidgwick1 op4 cit4 p4 #caf4 ,footnote #bhi3 ,hutcheson1 ,system of ,moral ,philosophy1 ii4 #cb4 ,footnote #bij3 ,sidgwick1 op4 cit4 p4 #caf4 ,footnote #bia3 ,schopenhauer1 ,die ,grundlage der ,moral1 #ag 7,smmtliche ,werke1 vi4 #bdg sqq474 ,footnote #bib3 ,whewell1 ,elements of ,morality1 p4 #aef4 ,sidgwick1 op4 cit4 p4 #cje4 ,footnote #bic3 ,dymond1 op4 cit4 ii4 #f1 p4 #ee4 ,whewell1 op4 cit4 p4 #aef sq4 ,sidgwick1 op4 cit4 p4 #cje4 ,this is also the opinion of ,thomas ,aquinas 7op4 cit4 ii4-ii4 #aaj4 #c4 #e74 ,footnote #bid3 ,sidgwick1 op4 cit4 p4 #cjf sq4 ,thomas ,aquinas says 7op4 cit4 ii4-ii4 #aaj4 #c4 #e7 that a person who does not do what he has promised is excused if the conditions of persons and things are changed4 ,footnote #bie3 ,dymond1 op4 cit4 ii4 #f1 p4 #ee sq4 ,whewell1 op4 cit4 pp4 #aee1 #aei sqq4 ,sidgwick1 op4 cit4 p4 #cje sq4 ,adam ,smith1 ,theory of ,moral ,sentiments1 p4 #dhf sqq4 ,footnote #bif3 ,hutcheson1 ,system of ,moral ,philosophy1 ii4 #cd4 ,footnote #big3 ,adam ,smith1 op4 cit4 p4 #dhi4 ,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 cases4 ,it is particularly conspicuous in the relations between different states1 in peace or war4 ,stratagems and the employment of deceptive means necessary to procure intelligence respecting the enemy or the country are held allowable in warfare1 independently of the question whether the war is defensive or aggressive4#bih ,deceit has1 in fact1 often constituted a great share of the glory of the most celebrated commanders2 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 battles4#bii ,lord ,wolseley writes3--,as a nation we are bred up to feel it a disgrace even to succeed by falsehood2 the word spy conveys something as repulsive as slave2 we will keep hammering along with the conviction that honesty is the best policy1 and that truth always wins in the long run4 ,these pretty little sentences do well for a child's copy-book1 but the man who acts upon them in war had better sheathe his sword for ever4#cjj ,at the same time1 there are some exceptions to the general rule that deceit is permitted against an enemy4 ,under the customs of war it has been agreed that particular acts and signs shall have a specific meaning in order that belligerents #ajg may carry on certain necessary intercourse1 and it is forbidden to employ such acts or signs in deceiving an enemy4 ,thus information must not be surreptitiously obtained under the shelter of a flag of truce2 buildings not used as hospitals must not be marked with an hospital flag2 and persons not covered by the provisions of the ,geneva ,convention must not be protected by its cross4#cja ,a curious arbitrary rule affects one class of stratagems by forbidding certain permitted means of deception from the moment at which they cease to deceive4 ,it is perfectly legitimate to use the distinctive emblems of an enemy in order to escape from him or to draw his forces into action2 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 attacking1 and that a vessel using the enemy's flag must hoist its own flag before firing with shot or shell4#cjb ,disobedience to this rule is considered to entail grave dishonour2 for in actual battle enemies are bound to combat loyally1 and are not free to ensure victory by putting on a mask of friendship4#cjc ,but1 as ,mr4 ,hall observes1 it is not easy to see why it is more disloyal to wear a disguise when it is obviously useless1 than when it serves its purpose4#cjd ,finally1 it is universally agreed that promises given to the enemy ought to be kept2#cje this was admitted even by ,machiavelli#cjf and ,bynkershoek1#cjg who did not in general burden belligerents with particularly heavy duties4 ,but the restrictions which international law #ajh lays on deceit against enemies do not seem to be taken very seriously4 ,treaties between nations and promises given by one state to another1 either in war or peace1 are hardly meant to be kept longer than it is convenient to keep them4 ,and when an excuse for the breach of faith is felt necessary1 that excuse itself is generally a lie4 ,footnote #bih3 ,confrence de ,bruxelles1 art4 #ad4 ,instructions for the ,government of ,armies of the ,united ,states in the ,field1 art4 #af1 #aja4 ,confrence internationale de la paix1 ,la ,haye1 #ahii1 ',rglement concernant les lois de la guerre sur terre1' art4 #bd1 pt4 i4 p4 #bde4 ,roman ,catholicism admits the employment of stratagems in wars which are just 7,gratian1 op4 cit4 ii4 #bc4 #b4 #b2 ,ayala1 ,de jure et officiis bellicis et disciplina militari1 i4 #h4 #a sq42 ,ferraris1 quoted by ,adds1 ,catholic ,dictionary1 p4 #ide2 ,nys1 ,le droit de la guerre et les prcurseurs de ,grotius1 p4 #abh sq471 on the authority of ,st4 ,augustine1 the great advocate of general truthfulness 7,qustiones in ,jesum ,nave1 #aj1 ad ,jos4 viii4 #b ,migne1 op4 cit4 xxxiv4 #gha3--;,cum autem justum bellum susceperit1 utrum aperta pugna utrum insidiis vincat1 nihil ad justitiam interest74 ,footnote #bii3 ,halleck1 ,international ,law1 i4 #efg4 ,maine1 ,international ,law1 p4 #adi sqq4 ,footnote #cjj3 ,wolseley1 ,soldier's ,pocket-,book for ,field ,service1 p4 #afi4 ,footnote #cja3 ,confrence de ,bruxelles1 art4 #ac sq4 ,instructions for the ,government of ,armies of the ,united ,states in the ,field1 art4 #aja1 #aad1 #aag4 ,manual of the ,laws of ,war on ,land1 prepared by the ,institute of ,international ,law1 7art4 #h 7d74 ,hall1 ,treatise on ,international ,law1 p4 #ecg sq4 ,footnote #cjb3 ,hall1 op4 cit4 p4 #ech sq4 ,bluntschli1 ,droit international1 #efe1 p4 #cbh sq4 ,footnote #cjc3 ,bluntschli1 op4 cit4 #efe1 p4 #cbi4 ,footnote #cjd3 ,hall1 op4 cit4 p4 #eci4 ,footnote #cje3 ,heffter1 ,das ,europische ,vlkerrecht der ,gegenwart1 #abe1 p4 #bfb4 ,footnote #cjf3 ,machiavelli1 ,discorsi1 iii4 #dj 7,opere1 iii4 #afd74 ,footnote #cjg3 ,bynkershoek1 ,qustiones juris publici1 i4 #a1 p4 #d4 ,the maxim of ,canon ,law1 ,fides servanda hosti 7,gratian1 ,decretum1 ii4 #bc4 i4 #c71 however1 was greatly impaired by the principle1 ,juramentum contra utilitatem ecclesiasticam praestitum non tenet 7,gregory ,,ix4 ,decretales1 ii4 #bd1 #bg4 ,see ,nys1 ,le droit de la guerre et les prcurseurs de ,grotius1 p4 #abf sq474 ,,chapter ,,xxxi ,,the ,,regard ,,for ,,truth ,,and ,,good ,,faith 7concluded7 ,,the condemnation of untruthfulness and bad faith springs from a variety of sources4 ,in the first place1 he who tells a lie1 or who breaks a promise1 generally commits an injury against another person4 ,his act consequently calls forth sympathetic resentment1 and becomes an object of moral censure4 ,men have a natural disposition to believe what they are told4 ,this disposition is particularly obvious in young children2 it is acquired wisdom and experience only that teach incredulity1 and1 as ,adam ,smith observes1 they very seldom teach it enough4#a ,even people who are themselves pre-eminent liars are often deceived by the falsehoods of others4#b ,when detected a deception always implies a conflict between two irreconcilable ideas2 and such a conflict gives rise to a feeling of pain1#c which may call forth resentment against its volitional cause1 the deceiver4 ,footnote #a3 ,reid1 ,inquiry into the ,human ,mind1 vi4 #bd1 p4 #dcj sqq4 ,adam ,smith1 ,theory of ,moral ,sentiments1 p4 #did sq4 ,dugald ,stewart1 ,philosophy of the ,active and ,moral ,powers of ,man1 ii4 #cdj sq4 ,footnote #b3 ,burton1 ,two ,trips to ,gorilla ,land1 i4 #ajf 7,mpongwe74 ,footnote #c3 ,lehmann1 ,hovedlovene for det menneskelige ,flelseliv1 p4 #aha4 ,cf4 ,bain1 ,emotions and the ,will1 p4 #bah4 ,but men are not only ready to believe what they are told1 they also like to know the truth4 ,curiosity1 or the love of truth1 is coeval with the first operations of the intellect2 it seems to be an ultimate fact in the human #aaj frame4#d ,in our endeavour to learn the truth we are frustrated by him who deceives us1 and he becomes an object of our resentment4 ,footnote #d3 ,dugald ,stewart1 op4 cit4 ii4 #ccd1 #cdj4 ,nor are we injured by a deception merely because we like to know the truth1 but1 chiefly1 because it is of much importance for us that we should know it4 ,our conduct is based upon our ideas2 hence the erroneous notion as regards some fact in the past1 present1 or future1 which is produced by a lie or false promise1 may lead to unforeseen events detrimental to our interests4 ,moreover1 on discovering that we have been deceived1 we have the humiliating feeling that another person has impertinently made our conduct subject to his will4 ,this is a wound on our pride1 a blot on our honour4 ,francis ,i4 of ,france laid down as a principle1 that the lie was never to be put up with without satisfaction1 but by a base-born fellow4#e ,the lie1 says ,sainte-,palaye1 has always been considered the most fatal and irreparable affront that a man of honour could receive4#f ,footnote #e3 ,millingen1 ,history of ,duelling1 i4 #ga4 ,footnote #f3 ,sainte-,palaye1 ,mmoires sur l'ancienne chevalerie1 i4 #gh4 ,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 it4 ,but even in apparently trifling cases the reflective mind strongly insists upon the necessity of truthfulness and fidelity to a given word4 ,every lie and every unfulfilled promise has a tendency to lessen mutual confidence1 to predispose the perpetrator to commit a similar offence in the future1 and to serve as a bad example for others4 ,the importance of truth1 says ,bentham1 is so great1 that the least violation of its laws1 even in frivolous matters1 is always attended with a certain degree of danger4 ,the slightest deviation from it is an attack upon the respect we owe to it4 ,it is a first transgression which facilitates a second1 and familiarises the odious ideal #aaa of falsehood4#g ,contrariwise1 as ,aristotle observes1 he who is truthful in unimportant matters will be all the more so in important ones4#h ,similar considerations1 however1 require a certain amount of reflection and farsightedness2 hence intellectual development tends to increase the emphasis laid on the duties of sincerity and good faith4 ,at the earlier stages of civilisation it is frequently considered good form to tell an untruth to a person in order to please him1 and ill-mannered to contradict him1 however much he be mistaken1#i for the reason that farther consequences are left out of account4 ,the utilitarian basis of the duty of truthfulness also accounts for those extreme cases in which a deception is held permissible or even a duty1 when promoting the true interests of the person subject to it4 ,footnote #g3 ,bentham1 ,theory of ,legislation1 p4 #bfj4 ,footnote #h3 ,aristotle1 ,ethica ,nicomachea1 iv4 #g4 #h4 ,footnote #i3 ,besides statements referred to above1 see ,dobrizhoffer1 ,account of the ,abipones1 ii4 #acg2 ,hennepin1 ,new ,discovery of a ,vast ,country in ,america between ,new ,france and ,new ,mexico1 ii4 #gj2 ,dall1 ,alaska1 p4 #cih 7,aleuts72 ,oldfield1 in ,trans4 ,ethn4 ,soc4 ,n4,s4 iii4 #bee 7,west ,australian natives74 ,the natives of ,africa1 says ,livingstone 7,expedition to the ,zambesi1 p4 #cji71 have an amiable of desire to please1 and often tell what they imagine will be gratifying1 rather than the uninteresting naked truth4 ,an ,english sportsman1 after firing at an antelope1 inquired of his dark attendant1 ,is it wounded8 ,the answer was1 ,yes6 the ball went right into his heart4 ,these mortal wounds never proving fatal1 he asked a friend1 who understood the language1 to explain to the man that he preferred the truth in every case4 ,he is my father1 replied the native1 and ,i thought he would be displeased if ,i told him that he never hits at all4 ,the wish to please is likewise a fertile source of untruth in children1 especially girls 7,sully1 ,studies of ,childhood1 p4 #bef74 ,the detestation of falsehood is in a very large measure due to the motive which commonly is at the bottom of a lie4 ,it is doubtful whether a lie ever is told simply from love of falsehood4#aj ,the intention to produce a wrong belief has a deeper motive than the mere desire to produce such a belief2 and in most cases this motive is the deceiver's hope of benefiting himself at the expense of the person deceived4 ,a better motive makes the act less detestable1 or may even serve as a justification4 ,but the broad doctrine that the end sanctifies the means is generally rejected2 and the principle which sometimes allows #aab deceit from a benevolent motive has been restricted within very narrow limits by a higher conception of individual freedom and individual rights4 ,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 perdition4 ,the opinion that no motive whatsoever can justify an act of falsehood has been advocated not only by intuitional moralists1 but on utilitarian grounds4#aa ,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 it1 but not by deceiving him4 ,footnote #aj3 ,dugald ,stewart1 op4 cit4 ii4 #cdb4 ,footnote #aa3 ,macmillan1 ,promotion of ,general ,happiness1 p4 #aff sq4 ,it is easy to see why falsehood is so frequently held permissible1 praiseworthy1 or even obligatory1 when directed against a stranger4 ,in early society an injury inflicted on a stranger calls forth no sympathetic resentment4 ,on the contrary1 being looked upon with suspicion or hated as an enemy1 he is considered a proper object of deception4 ,among the ,bushmans no one dare give any information in the absence of the chief or father of the clan4#ab ,a ,bedouin1 says ,burckhardt1 who does not know the person interrogating him1 will seldom answer with truth to questions concerning his family or tribe4 ,the children are taught never to answer similar questions1 lest the interrogator may be a secret enemy and come for purposes of revenge4#ac ,among the ,beni ,amer a stranger can never trust a man's word on account of their contempt for everything foreign4#ad ,that even civilised nations allow stratagem in warfare is the natural consequence of war itself being allowed2 and if good faith is to be preserved between enemies1 that is because only thereby useless cruelty can be avoided and an end be put to hostilities4 ,footnote #ab3 ,chapman1 ,travels in the ,interior of ,south ,africa1 i4 #gf4 ,footnote #ac3 ,burckhardt1 ,notes on the ,bedouins and ,wahbys1 p4 #baj4 ,footnote #ad3 ,munzinger1 ,ostafrikanische ,studien1 p4 #ccg4 ,however1 deceit is not condemned merely because it is #aac an injury to the party deceived and as such apt to arouse sympathetic resentment1 but it is an object of disinterested1 moral resentment also because it is intrinsically antipathetic4 ,lying is a cheap and cowardly method of gaining an undue advantage1 and is consequently despised where courage is respected4#ae ,it is the weapon of the weak1 the woman1#af and the slave4#ag ,fraud1 says ,cicero1 is the property of a fox1 force that of a lion2 both are utterly repugnant to society1 but fraud is the more detestable4#ah ,to lie is servile1 says ,plutarch1 and most hateful in all men1 hardly to be pardoned even in poor slaves4#ai ,on account of its cowardliness1 lying was incompatible with ,teutonic and knightly notions of manly honour2 and among ourselves the epithets liar and coward are equally disgraceful to a man4 ,all 4 4 4 in the rank and station of gentlemen1 ,sir ,walter ,scott observes1 are forcibly called upon to remember that they must resent the imputation of a voluntary falsehood as the most gross injury4#bj ,fichte asks1 ,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 conscience8 ,and his answer is1 that the lie is accompanied by cowardice1 and that nothing so much dishonours us in our own eyes as want of courage4#ba ,according to ,kant1 a lie is the abandonment1 and1 as it were1 the annihilation1 of the dignity of a man4#bb ,footnote #ae3 ,cf4 ,schopenhauer1 ,die ,grundlage der ,moral1 #ag 7,smmtliche ,werke1 vi4 #bej72 ,grote1 ,treatise on the ,moral ,ideals1 p4 #bed4 ,footnote #af3 ,women are commonly said to be particularly addicted to falsehood 7,schopenhauer1 ,parerga und ,paralipomena1 ii4 #dig sq4 ,galton1 ,inquiries into ,human ,faculty1 p4 #ef sq4 ,krauss1 ,sitte und ,brauch der ,sdslaven1 pp4 #ejh1 #ead4 ,maurer1 ,bekehrung des ,norwegischen ,stammmes1 ii4 #aei ancient ,scandinavians4 ,dllinger1 ,the ,gentile and the ,jew1 ii4 #bcd ancient ,greeks4 ,lane1 ,arabian ,society in the ,middle ,ages1 p4 #bai4 ,le ,bon1 ,la civilisation des ,arabes1 p4 #dcc4 ,loskiel1 ,history of the ,mission of the ,united ,brethren1 i4 #af ,iroquois4 ,hearne1 ,journey to the ,northern ,ocean1 p4 #cjg sq4 ,northern ,indians4 ,lyon1 ,private ,journal1 p4 #cdi ,eskimo of ,igloolik4 ,dalager1 ,grnlandske ,relationer1 p4 #fi2 ,cranz1 ,history of ,greenland1 i4 #age74 ,footnote #ag3 ,see infra1 p4 #abi sq4 ,footnote #ah3 ,cicero1 ,de officiis1 i4 #ac4 ,footnote #ai3 ,plutarch1 ,de educatione puerorum1 #ad4 ,footnote #bj3 ,scott1 ',essay on ,chivalry1' in ,miscellaneous ,prose ,works1 vi4 #eh4 ,footnote #ba3 ,fichte1 ,das ,system der ,sittenlehre1 p4 #cgj2 ,english translation1 p4 #cjb sq4 ,footnote #bb3 ,kant1 ,metaphysische ,anfangungsgrnde der ,tugendlehre1 p4 #hd4 #aad ,but a lie may also be judged of from a very different point of view4 ,it may be not only a sign of cowardice1 but a sign of cleverness4 ,hence a successful lie may excite admiration1 a disinterested kindly feeling towards the liar1 genuine moral approval2 whereas to be detected in a lie is considered shameful4 ,and not only is the clever liar an object of admiration1 but the person whom he deceives is an object of ridicule4 ,to the mind of a ,west ,african native1 ,miss ,kingsley observes1 there is no intrinsic harm in lying1 because a man is a fool who believes another man on an important matter unless he puts on the oath4#bc ,a ,syrian proverb says1 ,lying is the salt 7goodness7 of men1 and shameful only to one who believes4#bd ,footnote #bc3 ,kingsley1 ,west ,african ,studies1 p4 #dad4 ,cf4 ,sommerville1 ',ethnogr4 ,notes in ,new ,georgia1' ,jour4 ,anthr4 ,inst4 xxvi4 #cid4 ,footnote #bd3 ,burton and ,drake1 ,unexplored ,syria1 i4 #bge4 ,see also ,burckhardt1 ,arabic ,proverbs1 p4 #dd sq4 ,the duties of sincerity and good faith are also to some extent1 and in certain cases principally1 founded on prudential considerations4 ,although1 as the ,mrchen tells us1 it happens every day in the world that the fraudulent is successful1#be there is a widespread notion that1 after all1 honesty is the best policy4 ,nothing that is false can be lasting1 says ,cicero4#bf ,the liar is short-lived 7that is1 soon detected71 say the ,arabs4#bg ,according to a ,wolof proverb1 lies1 however numerous1 will be caught by truth when it rises up4#bh ,the ,basutos have a saying that cunning devours its master4#bi ,it has been remarked that if there were no such thing as honesty1 it would be a good speculation to invent it1 as a means of making one's fortune4#cj ,footnote #be3 ,grimm1 ,kinder und ,hausmrchen1 ',katze und ,maus in ,gesellschaft1' ',die drei ,spinnerinnen1' ',das tapfere ,schneiderlein1' c4 ,footnote #bf3 ,cicero1 ,de officiis1 ii4 #ab4 ,footnote #bg3 ,burckhardt1 ,arabic ,proverbs1 p4 #aai4 ,footnote #bh3 ,burton1 ,wit and ,wisdom from ,west ,africa1 p4 #ae4 ,footnote #bi3 ,casalis1 ,basutos1 p4 #cjg4 ,footnote #cj3 ,quoted by ,bentham1 ,theory of ,legislation1 p4 #fd4 ,moreover1 lying is attended not only with social disadvantages1 but with supernatural danger4 ,the ,west ,african ,fjort have a tale about a fisherman who every day used to catch and smuggle into his house great quantities of fish1 #aae but denied to his brother and relatives that he had caught anything4 ,all this time the fetish ,sunga was watching1 and was grieved to hear him lie thus4 ,the fetish punished him by depriving him of the power of speech1 that he might lie no more1 and so for the future he could only make his wants known by signs4#ca ,in another instance1 the ,fjort tell us1 the earth-spirit turned into a pillar of clay a woman who said that she had no peas for sale1 when she had her basket full of them4#cb ,the ,nandi of the ,uganda ,protectorate believe that ,god punishes lying by striking the untruthful person with lightning4#cc ,the ,dyaks of ,borneo think that the lightning god is made angry even by the most nonsensical untruth1 such as the statement that a man has a cat for his mother or that vermin can dance4#cd ,in ,aneiteum1 of the ,new ,hebrides1 the belief prevailed that liars would be punished in the life to come2#ce according to the ,banks ,islanders1 they were excluded from the true ,panoi or ,paradise after death4#cf ,we have already noticed the emphasis which some of the higher religions lay on veracity and good faith1 and other statements maybe added testifying the interest which gods of a more civilised type take in the fulfilment of these duties4 ,in ancient ,egypt ,amon ,ra1 the chief of all the gods1 was invoked as ,lord of ,truth2#cg and ,maa1 or ,maat1 represented as his daughter1 was the goddess of truth and righteousness4#ch ,in a ,babylonian hymn the moon god is appealed to as the guardian of truth4#ci ,the ,vedic gods are described as true and not deceitful1 as friends of honesty and righteousness2#dj and ,agni was the lord of vows4#da ,the #aaf ,zoroastrian ,mithra was a protector of truth1 fidelity1 and covenants2#db and ,rashnu ,razista1 the truest true1 was the genius of truth4#dc ,according to the ,iliad1 ,zeus is no abettor of falsehoods2#dd according to ,plato1 a lie is hateful not only to men but to gods4#de ,among the ,romans ,jupiter and ,dius ,fidius were gods of treaties1#df and ,fides was worshipped as the deity of faithfulness4#dg ,how shall we explain this connection between religious beliefs and the duties of veracity and fidelity to promises8 ,footnote #ca3 ,dennett1 ,folklore of the ,fjort1 p4 #hh sq4 ,footnote #cb3 ,ibid4 p4 #e4 ,footnote #cc3 ,johnston1 ,uganda ,protectorate1 ii4 #hgi4 ,footnote #cd3 ,selenka1 ,sonnige ,welten1 p4 #dg4 ,footnote #ce3 ,turner1 ,samoa1 p4 #cbf4 ,footnote #cf3 ,codrington1 ,melanesians1 p4 #bgd4 ,footnote #cg3 ,wiedemann1 ,religion of the ,ancient ,egyptians1 p4 #aab4 ,cf4 ,brugsch1 ,die ,aegyptologie1 pp4 #di1 #ia1 #ib1 #ig2 ,amlineau1 ,essai sur l'volution des ides morales dans l'gypte ,ancienne1 pp4 #ahb1 #ahh1 #bea4 ,footnote #ch3 ,wiedemann1 ',maa1 desse de la vrit1' in ,annales du ,muse ,guimet1 x4 #efa sqq4 ,amlineau1 op4 cit4 p4 #ahg4 ,infra1 p4 #fii4 ,footnote #ci3 ,mrdter-,delitzsch1 ,geschichte ,babyloniens und ,assyriens1 p4 #cg4 ,footnote #dj3 ,bergaigne1 ,la religion vdique1 iii4 #aii4 ,macdonell1 ,vedic ,mythology1 p4 #ah4 ,footnote #da3 ,satapatha-,brhmana1 iii4 #b4 #b4 #bd4 ,footnote #db3 ,darmesteter1 ,ormazd et ,ahriman1 p4 #gh4 ,geiger1 ,civilization of the ,eastern ,iranians1 pp4 lvii41 #afd4 ,spiegel1 ,ernische ,alterthumskunde1 iii4 #fhe4 ,footnote #dc3 ,darmesteter1 in ,sacred ,books of the ,east1 xxiii4 #afh4 ,footnote #dd3 ,iliad1 iv4 #bce4 ,footnote #de3 ,plato1 ,respublica1 ii4 #chb4 ,footnote #df3 ,fowler1 ,roman ,festivals of the ,period of the ,republic1 pp4 #ada1 #bbi sq4 ,footnote #dg3 ,cicero1 ,de officiis1 iii4 #bi4 ,idem1 ,de natura deorum1 ii4 #bc2 iii4 #ah4 ,idem1 ,de legibus1 ii4 #h1 #aa4 ,dionysius of ,halicarnassus1 ,antiquitates ,roman1 ii4 #ge4 ,apart from the circumstances which in some cases make gods vindicators of the moral law in general1 as conceived of by their worshippers1 there are quite special reasons for their disapproval of insincerity and bad faith4 ,here again we notice the influence of magic beliefs on the religious sanction of morality4 ,there is something uncanny in the untrue word itself4 ,as ,professor ,stanley ,hall points out1 children not in frequently regard every deviation from the most painfully literal truth as alike heinous1 with no perspective or degrees of difference between the most barefaced intended and unintended lies4 ,in some children this fear of telling an untruth becomes so neurotic that to every statement1 even to yes or no1 a perhaps or ,i think is added mentally1 whispered1 or aloud4 ,one boy had a long period of fear that1 like ,ananias and ,sapphira1 he might some moment drop down dead for a chance and perhaps unconscious lie4#dh ,on the other hand1 an acted lie is felt to be much less harmful than a spoken one2 to point the wrong way when asked where some one is gone is less objectionable than to speak wrongly1 to nod is less sinful than to say yes4 ,indeed1 acted lies are for the most #aag part easily gotten away with1 whereas some mysterious baneful energy seems to be attributed to the spoken untruth4 ,that its evil influence is looked upon as quite mechanical appears from the palliatives used for it4 ,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 hand4#di ,among children in ,new ,york it was sufficient to cross the fingers1 elbows1 or legs1 though the act might not be noticed by the companion accosted1 and under such circumstances no blame attached to a falsehood4#ej ,to think ,i do not mean it1 or to attach to a statement a meaning quite different from the current one1 is a form of reservation which is repeatedly found in children4#ea ,nor are feelings and ideas of this kind restricted to the young2 they are fairly common among grown-up people1 and have even found expression in ethical doctrines4 ,they lie at the root of the ,jesuit theory of mental reservations4 ,according to ,thomas ,aquinas1 again1 though it is wrong to tell a lie for the purpose of delivering another from any danger whatever1 it is lawful to hide the truth prudently under some dissimulation1 as ,augustine says4#eb ,it is not uncommonly argued that in defence of a secret we may not lie1 that is1 produce directly beliefs contrary to facts2 but that we may turn a question aside1 that is1 produce indirectly1 by natural inference from our answer1 a negatively false belief2 or that we may throw the inquirer on a wrong scent1 that is1 produce similarly a positively false belief4#ec ,this extreme formalism may no doubt to some extent be traced to the influence of early training4 ,from the day we learned to speak1 the duty of telling the truth has been strenuously enjoined upon us1 and the word lie has been associated with sin of the #aah blackest hue2 whereas other forms of falsehood1 being less frequent1 less obvious1 and less easy to define1 have also been less emphasised4 ,but after full allowance is made for this influence1 the fact still remains that a mystic efficacy is very commonly ascribed to the spoken word4 ,even among ourselves many persons would not dare to praise their health or fortune for fear lest some evil should result from their speech2 and among less civilised peoples much greater significance is given to a word than among us4 ,herodotus1 after mentioning the extreme importance which the ancient ,persians attached to the duty of speaking the truth1 adds that they held it unlawful even to talk of anything which it is unlawful to do4#ed ,i think1 then1 we may assume that1 if for some reason or other1 falsehood is stigmatised1 the mysterious tendency inherent in the word easily develops into an avenging power which1 as often happens in similar cases1 is associated with the activity of a god4 ,footnote #dh3 ,stanley ,hall1 ',children's ,lies1' in ,american ,journal of ,psychology1 iii4 #ei sq4 ,footnote #di3 ,stanley ,hall1 ',children's ,lies1' in ,american ,journal of ,psychology1 iii4 #fh sq4 ,footnote #ej3 ,bergen and ,newell1 ',current ,superstitions1' in ,journal of ,american ,folk-lore1 ii4 #aaa4 ,footnote #ea3 ,stanley ,hall1 loc4 cit4 p4 #fh4 ,footnote #eb3 ,thomas ,aquinas1 ,summa theologica1 ii4-ii4 #aaj4 #c4 #d4 ,footnote #ec3 ,see ,sidgwick1 ,methods of ,ethics1 p4 #cag4 ,footnote #ed3 ,herodotus1 i4 #aci4 ,the punishing power of a word is particularly conspicuous in the case of an oath4 ,but the evil attending perjury does not come from the lie as such3 it is in the first place a result of the curse which constitutes the oath4 ,an oath is essentially a conditional self-imprecation1 a curse by which a person calls down upon himself some evil in the event of what he says not being true4 ,the efficacy of the oath is originally entirely magical1 it is due to the magic power inherent in the cursing words4 ,in order to charge them with supernatural energy various methods are adopted4 ,sometimes the person who takes the oath puts himself in contact with some object which represents the state referred to in the oath1 so that the oath may absorb1 as it were1 its quality and communicate it to the perjurer4 ,thus the ,kandhs swear upon the lizard's skin1 whose scaliness they pray may be their lot if forsworn1 or upon the earth of an ant-hill1 like which they desire that1 if false1 they may be reduced to powder4#ee ,the ,tunguses regard it as the most dreadful #aai of all their oaths when an accused person is compelled to drink some of the blood of a dog which1 after its throat has been cut1 is impaled near a fire and burnt1 or has its flesh scattered about piece-meal1 and to swear3--,i speak the truth1 and that is as true as it is that ,i drink this blood4 ,if ,i lie1 let me perish1 burn1 or be dried up like this dog4#ef ,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 himself4 ,the ,kandhs frequently take oath upon the skin of a tiger1 from which animal destruction to the perjured is invoked4#eg ,the ,angami ,nagas1 when they swear to keep the peace1 or to perform any promise1 place the barrel of a gun1 or a spear1 between their teeth1 signifying by this ceremony that1 if they do not act up to their agreement1 they are prepared to fall by either of the two weapons4#eh ,the ,chuvashes1 again1 put a piece of bread and a little salt in the mouth and swear1 ,may ,i be in want of these1 if ,i say not true6 or if ,i do not keep my word6#ei ,another method of charging an oath with supernatural energy is to touch1 or to establish some kind of contact with1 a holy object on the occasion when the oath is taken4 ,the ,iowa have a mysterious iron or stone1 wrapped in seven skins1 by which they make men swear to speak the truth4#fj ,the people of ,kesam1 in the highlands of ,palembang1 swear by an old sacred knife1#fa the ,bataks of ,south ,tba on their village idols1#fb the ,ostyaks on the nose of a bear1 which is regarded by them as an animal endowed with supernatural power4#fc ,among the ,tunguses a criminal may be compelled to climb one #abj of their sacred mountains1 repeating as he mounts1 ,may ,i die if ,i am guilty1 or1 ,may ,i lose my children and my cattle1 or1 ,i renounce for ever all success in hunting and fishing if ,i am guilty4#fd ,in ,tibetan law-courts1 when the great oath is taken1 it is done by the person placing a holy scripture on his head1 and sitting on the reeking hide of an ox and eating part of the ox's heart4#fe ,hindus swear on a copy of the ,sanskrit haribans1 or with ,ganges water in their hands1 or touch the legs of a ,brhmana in taking an oath4#ff ,muhammedans swear on the ,koran1 as ,christians do on the ,bible4 ,in ,morocco an oath derives efficacy from contact with1 or the presence of1 any lifeless object1 animal1 or person endowed with baraka1 or holiness1 such as a saint-house or a mosque1 corn or wool1 a flock of sheep or a horse1 or a shereef4 ,in medival ,christendom sacred relics were generally adopted as the most effective means of adding security to oaths1 and so little respect was felt for the simple oath that1 ere long1 the adjuncts came to be looked upon as the essential feature1 and the imprecation itself to be divested of binding force without them4#fg ,footnote #ee3 ,macpherson1 ,memorials of ,service in ,india1 p4 #hc4 ,footnote #ef3 ,georgi1 ,russia1 iii4 #hf4 ,footnote #eg3 ,macpherson1 op4 cit4 p4 #hc4 ,cf4 ,hose1 ',natives of ,borneo1' in ,jour4 ,anthr4 ,inst4 xxiii4 #afe 7,kayans74 ,footnote #eh3 ,butler1 ,travels in ,assam1 p4 #aed4 ,mac ,mahon1 ,far ,cathay1 p4 #bec4 ,prain1 ',angami ,nagas1' in ,revue coloniale internationale1 v4 #dij4 ,cf4 ,lewin1 ,wild ,races of ,south-,eastern ,india1 pp4 #aic 7,toungtha71 #bdd sq4 7,pankhos and ,bunjogees72 ,st4 ,john1 ',hill ,tribes of ,north ,aracan1' in ,jour4 ,anthr4 ,inst4 ii4 #bdb4 ,footnote #ei3 ,georgi1 op4 cit4 i4 #aaj4 ,footnote #fj3 ,hamilton1 quoted by ,dorsey1 ',siouan ,cults1' in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #dbg4 ,footnote #fa3 ,glimpses of the ,eastern ,archipelago1 p4 #ajd4 ,footnote #fb3 von ,brenner1 ,besuch bei den ,kannibalen ,sumatras1 p4 #bac4 ,footnote #fc3 ,castrn1 ,nordiska resor och forskningar1 i4 #cjg1 #cji2 iv4 #abc sq4 ,cf4 ,ahlqvist1 ',unter ,wogulen und ,ostjaken1' in ,acta ,societatis ,scientiarum ,fennic1 xiv4 #bih4 ,footnote #fd3 ,georgi1 op4 cit4 iii4 #hf4 ,footnote #fe3 ,waddell1 ,buddhism of ,tibet1 p4 #efi1 n4 #g4 ,footnote #ff3 ,grierson1 ,bihar ,peasant ,life1 p4 #dja4 ,sleeman1 ,rambles and ,recollections of an ,indian ,official1 ii4 #aaf4 ,footnote #fg3 ,lea1 ,superstition and ,force1 p4 #bi4 ,see also ,kaufmann1 ,deutsche ,geschichte1 ii4 #big2 ,ellinger1 ,das ,verhltniss der ffentlichen ,meinung zu ,wahrheit und ,lge im #aj4 #aa4 und #ab4 ,jahrhundert1 pp4 #cj1 #aaa4 ,finally1 as an ordinary curse1 so an oath is made efficacious by bringing in the name of a supernatural being1 to whom an appeal is made4 ,when the ,comanches of ,texas make a sacred pledge or promise1 they call upon the great spirit as their father1 and the earth as their mother1 to testify to the truth of their asseverations4#fh ,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 security4#fi ,among the ,tunguses an accused person takes a knife in his hand1 brandishes it towards the sun1 and says1 ,if ,i #aba am guilty1 may the sun send diseases into my bowels as mortal as a stab with this knife would be6#gj ,an ,arab from the province of ,dukkla in ,morocco presses a dagger against his chest1 saying1 ,by this poison1 may ,god thrust it into my heart if ,i did so or so6 ,if a ,masai is accused of having done something wrong1 he drinks some blood1 which is given him by the spokesman1 and says1 ,if ,i have done this deed may ,god kill me2 and it is believed that if he has committed the crime he dies1 whereas no harm befalls him if he is innocent4#ga ,among the ,tshi-speaking peoples of the ,gold ,coast1 to make an oath binding on the person who takes it1 it is usual to give him something to eat or to drink which in some way appertains to a deity1 who is then invoked to visit a breach of faith with punishment4#gb ,among the ,shekani and ,bakele people of ,southern ,guinea1 when a covenant between different tribes is about to be formed1 their great spirit1 ,mwetyi1 is always invoked as a witness1 and is commissioned with the duty of visiting vengeance upon the party who shall violate the engagement4#gc ,it seems to be a common practice in certain parts of ,africa to swear by some fetish4#gd ,the ,efatese1 of the ,new ,hebrides1 invoked punishment from the gods in their oaths4#ge ,in ,florida1 of the ,solomon ,group1 a man will deny an accusation by some tindalo 7that is1 the disembodied spirit of some man who already in his lifetime was supposed to be endowed with supernatural power71 or by the ghostly frigate-bird1 or by the ghostly shark4#gf ,when an ancient ,egyptian wished to give assurance of his honesty and good faith1 he called ,thoth to witness1 the advocate in the heavenly court of justice1 without whose justification no soul could stand in the day of judgment4#gg ,the ,eranians swore by ,mithra1#gh the ,greeks by ,zeus1#gi the #abb ,romans by ,jupiter and ,dius ,fidius4#hj ,a god is more able than ordinary mortals to master the processes of nature1 and he may also better know whether the sworn word be true or false4#ha ,it is undoubtedly on account of their superior knowledge that sun or moon or light gods are so frequently appealed to in oaths4 ,the ,egyptian god ,ra is a solar1#hb and ,thoth a lunar#hc deity4 ,the ,zoroastrian ,mithra1 who has a thousand senses1 and sees every man that tells a lie1#hd is closely connected with the sun2#he and ,rashnu ,razista1 according to ,m4 ,darmesteter1 is an offshoot either of ,mithra or ,ahura ,mazda himself4#hf ,dius ,fidius seems originally to have been a spirit of the heaven1 and a wielder of the lightning1 closely allied to the great ,jupiter4#hg ,zeus is all-seeing1 the infallible spy of both gods and men4#hh ,now1 even though the oath has the form of an appeal to a god1 it may nevertheless be of a chiefly magic character1 being an imprecation rather than a prayer4 ,the oaths which the ,moors swear by ,allah are otherwise exactly similar in nature to those in which he is not mentioned at all4 ,but the more the belief in magic was shaken1 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 facts1 the more prominent became the religious element in the oath4 ,the fulfilment of the self-imprecation was made dependent upon the free will of the deity appealed to1 and was regarded as the punishment for an offence committed by the perjurer against the god himself4#hi ,footnote #fh3 ,neighbors1 in ,schoolcraft1 ,indian ,tribes of the ,united ,states1 i4 #acb4 ,footnote #fi3 ,georgi1 op4 cit4 iii4 #ahc4 ,footnote #gj3 ,georgi1 op4 cit4 iii4 #he sq4 ,footnote #ga3 ,hollis1 ,masai1 p4 #cde4 ,footnote #gb3 ,ellis1 ,tshi-speaking ,peoples of the ,gold ,coast1 p4 #aif4 ,footnote #gc3 ,wilson1 ,western ,africa1 p4 #cib4 ,footnote #gd3 ,schultze1 ,der ,fetischismus1 p4 #aaa4 ,footnote #ge3 ,turner1 ,samoa1 p4 #ccd4 ,footnote #gf3 ,codrington1 op4 cit4 p4 #bag4 ,footnote #gg3 ,tiele1 ,history of the ,egyptian ,religion1 p4 #bbi4 ,amlineau1 op4 cit4 p4 #bea4 ,footnote #gh3 ,yasts1 x4 ,footnote #gi3 ,iliad1 iii4 #bgf sqq4 ,farnell1 ,cults of the ,greek ,states1 i4 #gj4 ,footnote #hj3 von ,lasaulx1 ,der ,eid bei den ,rmern1 p4 #i4 ,footnote #ha3 ,cf4 ,james1 ,expedition from ,pittsburg to the ,rocky ,mountains1 i4 #bfg 7,omahas72 ,tylor1 ,primitive ,culture1 ii4 #bca 7,ostyaks74 ,footnote #hb3 ,maspero1 ,dawn of ,civilization1 p4 #hg sq4 ,wiedemann1 ,religion of the ,ancient ,egyptians1 p4 #ad4 ,erman1 ,handbook of ,egyptian ,religion1 p4 #aj4 ,footnote #hc3 ,maspero1 op4 cit4 p4 #ade4 ,erman1 op4 cit4 p4 #aa4 ,footnote #hd3 ,yasts1 x4 #ajg4 ,footnote #he3 ,darmesteter1 in ,sacred ,books of the ,east1 xxiii4 #abb1 n4 #d4 ,meyer1 ,geschichte des ,alterthums1 i4 #eda sq4 ,geiger1 op4 cit4 i4 p4 lvi4 ,footnote #hf3 ,darmesteter1 in ,sacred ,books of the ,east1 xxiii4 #afh4 ,footnote #hg3 ,fowler1 ,roman ,festivals1 p4 #ada4 ,footnote #hh3 ,cf4 ,iliad1 iii4 #bgg2 ,ovid1 ,metamorphoses1 iv4 #agb2 ,darmesteter1 ,essais orientaux1 p4 #ajg2 ,usener1 ,gtternamen1 p4 #agg sqq4 ,footnote #hi3 ,grotius says 7,de jure belli et pacis1 ii4 #ac4 #ab7 that even he who swears by false gods is bound1 because1 though under false notions1 he refers to the general idea of ,godhead1 and therefore the true ,god will interpret it as a wrong to himself if perjury be committed4 #abc ,owing to its invocation of supernatural sanction1 perjury is considered the most heinous of all acts of falsehood4#ij ,but it has a tendency to make even the ordinary lie or breach of faith a matter of religious concern4 ,if a god is frequently appealed to in oaths1 a general hatred of lying and unfaithfulness may become one of his attributes1 as is suggested by various facts quoted above4 ,there is every reason to believe that a god is not1 in the first place1 appealed to because he is looked upon as a guardian of veracity and good faith1 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 them4 ,footnote #ij3 ,among various peoples perjury is punished even by custom or law4 ,thus among the ,gaika tribe of the ,kafirs a person may be fined for taking a false oath in a law case 7,brownlee1 in ,maclean1 ,compendium of ,kafir ,laws and ,customs1 p4 #abd74 ,in ,abyssinia a man convicted of perjury would not only lose his reputation1 and be for ever incapacitated from being witness even on the most trivial question1 but he would likewise in all probability be bound and severely fined1 and might indeed think himself fortunate if he got off with all his limbs in their proper places1 or without his hide being scored 7,parkyns1 ,life in ,abyssinia1 ii4 #beh sq474 ,the laws of the ,malays punish perjury 7,crawfurd1 ,history of the ,indian ,archipelago1 iii4 #ij74 ,in ,india1 according to the ,laws of ,manu 7viii4 #bai sq471 he who broke an agreement after swearing to it was to be banished1 imprisoned1 and fined4 ,medival law-books punished perjurers with the loss of the right hand1 by which the oath was sworn 7,wilda1 ,das ,strafrecht der ,germanen1 p4 #ihc sq42 ,pollock and ,maitland1 ,history of ,english ,law before the ,time of ,edward ,i4 ii4 #eda74 ,in a ,danish law of #aecg it is said that the perjurer shall lose the two offending fingers so as to appease the wrath of ,god 7,stemann1 ,den danske ,retshistorie indtil ,christian ,v4's ,lov1 p4 #fde74 ,in other cases1 again1 no civil punishment is affixed to a false oath--for instance1 among the ,rejangs 7,marsden1 ,history of ,sumatra1 p4 #bdj7 and ,bataks of ,sumatra 7,glimpses of the ,eastern ,archipelago1 p4 #hf71 the ,ossetes 7,kovalewsky1 ,coutume contemporaine1 p4 #cbd71 ,persians 7,polak1 ,persien1 ii4 #hc71 and1 as it seems1 the ancient ,hebrews 7,keil1 ,manual of ,biblical ,archology1 ii4 #cdh2 ,greenstone1 ',perjury1' in ,jewish ,encyclopedia1 ix4 #fdj71 ,greeks 7,rohde1 ,psyche1 p4 #bde1 note71 and ,teutons in early times 7,wilda1 op4 cit4 p4 #ihb2 ,brunner1 ,deutsche ,rechtsgeschichte1 ii4 #fha74 ,cicero says 7,de legibus1 ii4 #i7 that the divine punishment of perjury is destruction1 the human punishment infamy2 but though perjury per se was not punished in ,rome1 the law appears from very early times to have contained provisions for punishing false testimony 7,hunter1 ,roman ,law1 p4 #ajfc2 see also ,mommsen1 ,rmisches ,strafrecht1 p4 #fha74 ,however1 the fact that perjury is not treated as a crime by no means implies that it is not regarded as a sin4 ,the punishment of it is left to the offended deity 7,marsden1 op4 cit4 p4 #bai2 ,glimpses of the ,eastern ,archipelago1 p4 #hf2 ,crawfurd1 op4 cit4 iii4 #ij ,javanese74 ,it seems that sometimes the habit of oath-taking has1 in another respect also1 made it prudential for men to speak the simple truth in all circumstances4 ,sir ,w4 ,h4 ,sleeman #abd 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 district1 or perhaps of a single village4 ,these1 he says1 are always in the view of the people1 and every man knows that he is every moment liable to be taken to their court1 and to be made to invoke their vengeance upon himself or those dear to him1 if he has told a falsehood in what he has stated1 or tells one in what he is about to state4 ,men so situated adhere habitually1 and ,i may say religiously1 to the truth2 and ,i have had before me hundreds of cases in which a man's property1 liberty1 or life1 has depended upon his telling a lie1 and he has refused to tell it to save either4#ia ,on the other hand1 there are peoples among whom a person's word can hardly be trusted unless confirmed by an oath4#ib ,and one of the arguments adduced by the ,quakers against the taking of oaths is that1 if on any particular occasion a man swear in addition to his yea or nay1 in order to make it more obligatory or convincing1 its force becomes comparatively weak at other times when it receives no such confirmation4#ic ,footnote #ia3 ,sleeman1 op4 cit4 ii4 #aaa sq4 ,footnote #ib3 ,see1 besides supra1 ,kingsley1 ,west ,african ,studies1 p4 #dad2 ,chanler1 ,through ,jungle and ,desert1 p4 #ahf sq4 7,wamsara74 ,footnote #ic3 ,gurney1 ,views and ,practices of the ,society of ,friends1 p4 #cbg4 ,modes of conduct which are recommended by prudence tend on that account in various ways to be regarded as morally compulsory or praiseworthy4 ,this subject will be discussed in connection with duties and virtues which are called self-regarding1 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 consideration4 ,few duties owe so much to the training of parents and teachers as does veracity4 ,children easily resort to falsehood1 in self-defence or otherwise1 and truthfulness is therefore enjoined on them with particular emphasis4#id ,footnote #id3 ,cf4 ,priestley1 in ',essay ,,iii4' introductory to ,hartley's ,theory of the ,human ,mind1 p4 xlix4 sq4 #abe ,the moral ideas referring to truthfulness are1 finally1 much influenced by the force of habit4 ,where lying is frequent it is1 other things being equal1 less strenuously condemned1 if condemned at all1 than in communities which are strictly truthful4 ,it is natural to speak the truth4 ,von ,jhering's suggestion that man was originally a liar1 and that veracity is the result of human progress1#ie is not consistent with facts4 ,language was not invented to disguise the truth1 but to express it4 ,as ,hutcheson remarked long ago1 truth is the natural production of the mind when it gets the capacity of communicating it1 dissimulation and disguise are plainly artificial effects of design and reflection4#if ,it may be doubted whether there are any other mendacious creatures in the world than men4#ig ,it is said that lies are told1 if not in speech yet in acts1 by dogs2#ih but the instances reported of canine deceitfulness#ii are hardly conclusive4 ,as a cautious writer observes1 the question is not whether there may be objective deceitfulness in the dog's conduct1 but whether the motive is deceit3 and the deceitful intent is a piece1 not of the observed fact1 but of the observer's inference4#ajj ,nor is the child1 strictly speaking1 a born liar4 ,m4 ,compayr even goes so far as to say that1 if the child has not been subjected to bad influences1 or if a discipline of repression and constraint has not driven him to seek a refuge in dissimulation1 he is usually frankness and sincerity itself4#aja ,montaigne remarked that the falsehood of a child grows with its growth4#ajb ,according to ,m4 ,perez1 useful dissimulations are practised by children already at the age of two years1 but generally it is only after they are three or four years old that fear of being scolded or punished will lead #abf them into falsehood4#ajc ,we are even told that certain savages are too stupid or too ignorant to tell lies4 ,a ,hindu gentleman of the plains1 in the valley of the ,nerbudda1 when asked what made the uncultured people of the woods to the north and south so truthful1 replied1 ,they have not yet learned the value of a lie4#ajd ,but as we know how readily truthful savages become liars when their social conditions change1 we may conclude that their veracity was due rather to absence of temptation than to lack of intelligence4 ,in a small community of savages living by themselves1 there is no need for lying1 nor much opportunity to practise it4 ,there is little scope for those motives which most commonly induce people to practise falsehood--fear and love of gain1 combined with a hope of success4#aje ,harmony and sympathy generally prevail between the members of the group1 and deception is hardly possible since secrets do not exist4 ,footnote #ie3 von ,jhering1 ,zweck im ,recht1 ii4 #fjf4 ,footnote #if3 ,hutcheson1 ,system of ,moral ,philosophy1 ii4 #bh4 ,cf4 ,reid1 op4 cit4 vi4 #bd1 p4 #dbh sqq42 ,dugald ,stewart1 op4 cit4 ii4 #ccc4 ,footnote #ig3 ,cf4 ,schopenhauer1 ,essays1 p4 #ade4 ,footnote #ih3 ,spencer1 ,principles of ,ethics1 i4 #dje4 ,footnote #ii3 ,romanes1 ,animal ,intelligence1 pp4 #ddc1 #ddd1 #dea4 ,footnote #ajj3 ,lloyd ,morgan1 ,animal ,life and ,intelligence1 p4 #djj4 ,footnote #aja3 ,compayr1 ,l'volution intellectuelle et morale de l'enfant1 p4 #cji4 ,see also ,sully1 ,studies of ,childhood1 p4 #bfc sq4 ,footnote #ajb3 ,montaigne1 ,essais1 i4 #i 7,,oeuvres1 p4 #af74 ,footnote #ajc3 ,perez1 ,first ,three ,years of ,childhood1 pp4 #hg1 #hi4 ,footnote #ajd3 ,sleeman1 op4 cit4 ii4 #aaj4 ,footnote #aje3 ,cf4 ,sarasin1 ,forschungen auf ,ceylon1 iii4 #edc 7,veddahs74 ,the case is different when savages come into frequent contact with foreigners4 ,to deceive a stranger is easy1 and no scruple is made of doing so4 ,on the contrary1 as we have seen1 he is regarded as a proper object of deception1 and this opinion is only too often justified by his own behaviour4 ,but when commonly practised in relation to strangers1 falsehood easily becomes a habit which affects the general conduct of the man4 ,hamz1 the teacher of the ,druses1 said1 ,when a man once gets into the way of speaking falsely1 it is to be apprehended that1 in spite of himself1 and by the mere force of habit1 he will get to speak falsely towards the brethren2 hence it is advisable to speak the truth at all times and before all men4#ajf ,there is indeed abundant evidence that intercourse with strangers1 and especially with people of a different race1 has had a destructive influence on savage veracity4 ,footnote #ajf3 ,churchill1 ,mount ,lebanon1 iii4 #bbe sq4 ,this has been noticed among many of the uncivilised tribes of ,india4 ,formerly1 says ,mr4 ,man1 a ,sonthal1 as a rule1 #abg disdained to tell a falsehood1 but the influences of civilisation1 transfused through the contagious ethics of his ,bengali neighbours1 have somewhat impaired his truthfulness4 ,in the last four or five years a great change for the worse has become evident1 although even now1 as a people1 they are glorious exceptions to the prevailing idiosyncrasy of the lower class of natives in ,bengal4 ,with the latter1 speaking the truth has been always an accident2 with the ,sonthal it was a characteristic principle4#ajg ,indeed1 the ,santals in ,singbhm1 who live much to themselves1 are still described by ,colonel ,dalton as a very simple-minded people1 almost incapable of deception4#ajh ,the ,tipperah1 where he is brought into contact with1 or under the influence of the ,bengallee1 easily acquires their worst vices and superstitions1 losing at the same time the leading characteristic of the primitive man--the love of truth4#aji ,other tribes1 like the ,garos and ,bhmij1 have likewise been partly contaminated by their intercourse with ,bengalis1 and acquired from them a propensity to lie1 which1 in former days1 was altogether foreign to them4#aaj ,the ,kakhyens are at the present time lazy1 thievish1 and untrustworthy1 whether their character has been deteriorated by knavish injustice on the part of ,chinese traders1 or high-handed extortion and wrong on the part of ,burmese4#aaa ,the ,ladakhis are1 in general1 frank1 honest1 and moral when not corrupted by communication with the dissolute ,kashmiris4#aab ,of the ,pahrias1 who according to an earlier authority would sooner die than lie1#aac it is now reported that those who have most to do with them say they cannot rely on their word1 and that they not only lie without scruple1 but are scarcely annoyed at being detected4#aad ,the ,todas1 whilst they call falsehood one of the worst vices and have a temple dedicated to ,truth1 seem nowadays only too often to forget both the temple and its object2#aae 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 information4#aaf ,according to an #abh ,indian civil servant quoted by ,mr4 ,spencer1 various other hill tribes1 originally distinguished by their veracity1 have afterwards been rendered less veracious by contact with the whites4#aag ,footnote #ajg3 ,man1 ,sonthalia1 p4 #ad4 ,cf4 ibid4 p4 #bj4 ,footnote #ajh3 ,dalton1 ,ethnology of ,bengal1 op4 cit4 p4 #bag4 ,footnote #aji3 ,lewin1 ,wild ,races of ,south-,eastern ,india1 p4 #baf4 ,footnote #aaj3 ,dalton1 op4 cit4 pp4 #fh1 #agg4 ,footnote #aaa3 ,anderson1 ,mandalay to ,momien1 p4 #aea4 ,footnote #aab3 ,moorcroft and ,trebeck1 ,travels in the ,himalayan ,provinces of ,hindustan1 i4 #cba4 ,footnote #aac3 ,shaw1 quoted by ,dalton1 op4 cit4 p4 #bgd4 ,footnote #aad3 ,cumming1 ,in the ,himalayas1 p4 #djd sq4 ,footnote #aae3 ,harkness1 ,a ,singular ,aboriginal ,race inhabiting the ,neilgherry ,hills1 p4 #ah4 ,footnote #aaf3 ,metz1 ,tribes inhabiting the ,neilgherry ,hills1 p4 #ac4 ,footnote #aag3 ,spencer1 ,principles of ,sociology1 ii4 #bcd4 ,see also ,hodgson1 ,miscellaneous ,essays1 i4 #aeb4 7,bdo and ,dhimls72 ,dalton1 op4 cit4 p4 #bjf 7,mndas74 ,of the ,andaman ,islanders ,mr4 ,man observes3--,it has been remarked with regret by all interested in the race1 that intercourse with the alien population has1 generally speaking1 prejudicially affected their morals2 and that the candour1 veracity1 and self-reliance they manifest in their savage and untutored state are1 when they become associated with foreigners1 to a great extent lost1 and habits of untruthfulness1 dependence1 and sloth engendered4#aah ,riedel makes a similar remark with reference to the natives of ,ambon and ,uliase4#aai ,mr4 ,sommerville believes that the natives of ,new ,georgia1 in the ,solomon ,islands1 learned their practice of cheating from ,european traders4#abj ,footnote #aah3 ,man1 in ,jour4 ,anthr4 ,inst4 xii4 #ib4 ,footnote #aai3 ,riedel1 ,de sluik- en kroesharige rassen tusschen ,selebes en ,papua1 p4 #da4 ,footnote #abj3 ,sommerville1 in ,jour4 ,anthr4 ,inst4 xxvi4 #cid4 ,among the ,ostyaks increasing civilisation has proved injurious to their ancient honesty1 and those who live in the neighbourhood of towns or large villages have become even more deceitful than the colonists4#aba ,a similar change has taken place with other tribes belonging to the ,russian ,empire1 for instance the ,tunguses#abb and ,kamchadales4#abc ,footnote #aba3 ,castrn1 op4 cit4 ii4 #aba4 ,footnote #abb3 ,dall1 ,alaska1 p4 #eah4 ,footnote #abc3 ,steller1 ,beschreibung von dem ,lande ,kamtschatka1 p4 #bhe4 ,sarytchew1 ',voyage of ,discovery to the ,north-,east of ,siberia1' in ,collection of ,modern and ,contemporary ,voyages1 v4 #fg4 ,we hear the same story from ,america4#abd ,among the ,omahas formerly only two or three were notorious liars2 but now1 there are about twenty who do not lie4#abe ,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 now4#abf ,the ,indians of ,mexico1 ,lumholtz writes1 do not tell the truth unless it suits them4#abg ,but with reference to some of them1 the ,tarahumares1 he adds that1 where they have had little or nothing to do with the whites1 they are trustworthy1 and profit is no inducement to them1 as they believe #abi that their gods would be angry with them for charging an undue price4#abh ,footnote #abd3 ,domenech1 ,seven ,years ,residence in the ,great ,deserts of ,north ,america1 ii4 #fi4 ,cf4 ,hearne1 ,journey to the ,northern ,ocean1 pp4 #cjg1 #cjh1 #caj 7,chippewyans72 ,morgan1 ,league of the ,iroquois1 p4 #cce sq4 ,footnote #abe3 ,dorsey1 ',omaha ,sociology' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #cgj4 ,footnote #abf3 ,schoolcraft1 ,indian ,tribes of the ,united ,states1 ii4 #aci4 ,footnote #abg3 ,lumholtz1 ,unknown ,mexico1 ii4 #dgg4 ,footnote #abh3 ,lumholtz1 ,unknown ,mexico1 i4 #bdd1 #dah4 ,the deceitfulness of many ,african peoples is undoubtedly in some degree a result of their intercourse with foreigners4 ,in ,sierra ,leone1 says ,winterbottom1 the natives on the sea coast1 who are chiefly engaged in commerce1 are in general shrewd and artful1 sometimes malevolent and perfidious4 ,their long connection with ,european slave traders has tutored them in the arts of deceit4#abi ,the ,yorubas1 according to ,burton1 are eminently dishonest only in and around the cities4#acj ,among the ,kalunda those who live near the great caravan roads and have had much to do with foreign traders are suspicious and false4#aca ,and the ,hottentots1 of whose truthfulness earlier writers spoke very highly1 are nowadays said to be addicted to lying4#acb ,footnote #abi3 ,winterbottom1 ,native ,africans in the ,neighbourhood of ,sierra ,leone1 i4 #bjf4 ,footnote #acj3 ,burton1 ,abeokuta1 i4 #cjc4 ,footnote #aca3 ,pogge1 ,im ,reiche des ,muata ,jamwo1 p4 #bcf4 ,footnote #acb3 ,fritsch1 ,die ,eingeborenen ,sd-,afrika's1 p4 #cjg sq4 ,it has also been noticed that mendacity is favoured among children by much intercourse with strangers1 when first impressions are consciously made1 as also by frequent change of environment1 or of school or residence1 as such changes give rise to a feeling that new leaves can be easily turned4#acc ,footnote #acc3 ,stanley ,hall1 in ,american ,journal of ,psychology1 iii4 #gj4 ,when a social unit is composed of loosely connected sub-groups1 the intercourse between members of different sub-groups resembles in many respects that between foreigners4 ,social incoherence is thus apt to lead to deceitful habits1 as was the case in the ,middle ,ages4 ,the same phenomenon is to be observed in the ,east2 perhaps also among the ,desert ,arabs and the ,fuegians1 who live in small parties which only occasionally meet and soon again separate4 ,another factor which has favoured deception is social differentiation4 ,the different classes of society have often little sympathy for each other1 their interests are not infrequently conflicting1 deceit is a means of procuring advantages1 and1 for the inferior classes especially1 a means of self-protection4 ,as ,euripides observes1 slaves are in #acj the habit of concealing the truth4#acd ,in ,eastern ,africa1 says ,livingstone1 falsehood is a vice prevailing among the free1 but still more among the slaves2 one can scarcely induce a slave to translate anything truly3 he is so intent on thinking of what will please4#ace ,footnote #acd3 ,euripides1 ,phoeniss1 #cib4 ,cf4 ,burton1 ,arabian ,nights1 i4 #agf1 n4 #a4 ,footnote #ace3 ,livingstone1 ,expedition to the ,zambesi1 p4 #cji4 ,see also ,polack1 ,manners and ,customs of the ,new ,zealanders1 ii4 #ei4 ,hardly anything has been a greater inducement to falsehood than oppression4 ,whilst the old ,makololo were truthful1 this is not the case with their sons1 who1 having been brought up among the subjected tribes1 have acquired some of the vices peculiar to a menial and degraded race4#acf ,the ,wanyoro1 who are described as splendid liars1 exercised deception chiefly to evade the intolerable exactions of their own chiefs1 whereas they are fairly truthful in contact with ,europeans who attempt to treat them justly4#acg ,the duplicity and cunning of the ,malagasy are the natural result of centuries of superstition1 ignorance1 and submission to the rule of tyrannical despots1 with whom the spy system has always been a necessity4#ach ,in ,morocco the independent ,jbla1 or mountaineers of the ,north1 are more to be trusted than the ,arabs of the plains1 who have long been suffering from the extortions of rapacious officials4 ,the duplicity of ,orientals is very largely due to their despotic form of government4#aci ,in ,india1 ,mr4 ,percival observes1 despotism in one form or other that has so long prevailed1 and the consequent oppression attendant thereon1 must have rendered it difficult to make way without fraud4 ,deception and arts of cunning1 under such circumstances1 being the only means at the command of the inferior portions of the community for gaining their ends1 and securing the plainest rights1 they would resort to them as the only way of avoiding certain ruin4#adj ,the ,chinese habit of lying has #aca been attributed partly to the truckling fear of officers4#ada ,in ,china and many other parts of the ,east1 says ,sir ,j4 ,bowring1 there is a fear of truth as truth1 lest its discovery should lead to consequences of which the inquirer never dreams1 but which are present to the mind of the person under interrogation4#adb ,footnote #acf3 ,livingstone1 ,expedition to the ,zambesi1 p4 #bhc4 ,footnote #acg3 ,johnston1 ,uganda ,protectorate1 ii4 #eia4 ,footnote #ach3 ,little1 ,madagascar1 p4 #gb4 ,footnote #aci3 ,vmbry1 ,der ,islam im neunzehnten ,jahrhundert1 p4 #bca4 ,footnote #adj3 ,percival1 ,land of the ,veda1 p4 #bhh4 ,cf4 ,malcolm1 ,memoir of ,central ,india1 ii4 #aga2 ,hodgson1 ,miscellaneous ,essays1 i4 #aeb4 ,footnote #ada3 ,wells ,williams1 ,the ,middle ,kingdom1 i4 #hce4 ,footnote #adb3 ,bowring1 ,siam1 i4 #aje sq4 99 99 99 99 99 ,the regard for truth displays itself not only in the condemnation of falsehood1 but in the idea that1 under certain circumstances1 it is a person's duty to inform others of the truth1 although there is no deception in withholding it4 ,this duty is limited by utilitarian considerations1 and it is less insisted on than the duty of refraining from falsehood2 positive commandments1 as we have seen1 are generally less stringent than the corresponding negative commandments4#adc ,but to disclose the truth for the benefit of others1 when it is attended with injurious consequences for the person who discloses it1 can hardly fail to evoke moral approval1 and may be deemed a merit of the highest order4 ,footnote #adc3 ,supra1 i4 #cjc sqq4 ,the regard for truth goes a step further still4 ,it may be obligatory or praiseworthy not only to spread the knowledge of truth1 but to seek for it4 ,the possession of knowledge1 of some kind or other1 is universally respected4 ,a ,wolof proverb says1 ,not to know is bad1 not to wish to know is worse4#add ,in the moral and religious systems of the ,east knowledge is one of the chief pursuits of man4 ,confucius described virtue as consisting of knowledge1 magnanimity1 and valour4#ade ,the ancients1 he says1 wishing to rectify their hearts1 4 4 4 first desired to be sincere in their thoughts4 ,wishing to be sincere in their thoughts1 they first extended to the utmost their knowledge4 ,such extension of knowledge lay in the investigation of things4#adf ,knowledge is to be pursued not for theoretical1 but for #acb moral purposes2 the ,master said1 ,it is not easy to find a man who has learned for three years without coming to be good4#adg ,the ,hindus maintain that ignorance is the greatest of evils1 and that the sole and ultimate object of life should be to give and receive instruction4#adh ,it is said in the ,laws of ,manu1 ,a man is not therefore considered venerable because his head is gray2 him who1 though young1 has learned the ,veda1 the gods consider to be venerable4#adi ,according to the ,mahabharata1 it is by knowledge that a creature is liberated1 by knowledge that he becomes the ,eternal1 ,imperceptible1 and ,undecaying4#aej ,buddhism regards sin as folly and delusion as the cause of crime2#aea the unwise man cannot discover the difference between that which is evil and that which is good1 as a child knows not the value of a coin that is placed before him4#aeb ,and the highest of all gifts1 the source of abiding salvation1 is the knowledge of the identity between the individual and ,god1 in whom and by whom the individual lives1 and moves1 and has his being4#aec ,according to one of the ,pahlavi texts1 wisdom is better than wealth of any kind2#aed through the power of wisdom it is possible to do every duty and good work2#aee the religion of the ,mazda-worshippers is apprehended more fully by means of the most perfect wisdom1 and even the struggle and warfare of ,irn with foreigners1 and the smiting of ,aharman and the demons it is possible to effect through the power of wisdom4#aef ,a strong dash of intellectualism is a prominent feature in the ,rabbinic religion4 ,the highest virtue lies not only in the fulfilment but in the study of the law4 ,there is a special merit bound up in it that will assist man both in this world and in the world to come2 and it is said that even a bastard who is learned in #acc the law is more honoured than a high-priest who is not4#aeg ,among ,muhammedans1 also1 great respect is shown to men of learning4#aeh ,knowledge1 the ,prophet said1 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 martyr4#aei ,footnote #add3 ,burton1 ,wit and ,wisdom from ,west ,africa1 p4 #f4 ,footnote #ade3 ,chung ,yung1 xx4 #h4 ,douglas1 ,confucianism and ,taouism1 p4 #aje4 ,footnote #adf3 ,t ,hsio1 #d4 ,footnote #adg3 ,lun ,y1 viii4 #ab4 ,cf4 ,faber1 ,digest of the ,doctrines of ,confucius1 p4 #fj2 de ,lanessan1 ,la morale des philosophes chinois1 p4 #bg4 ,footnote #adh3 ,percival1 ,land of the ,veda1 p4 #bfc4 ,footnote #adi3 ,laws of ,manu1 ii4 #aef4 ,footnote #aej3 ,muir1 ,original ,sanskrit ,texts1 v4 #cbg4 ,footnote #aea3 ,rhys ,davids1 ,hibbert ,lectures on the ,history of ,buddhism1 p4 #bjh4 ,footnote #aeb3 ,hardy1 ,manual of ,budhism1 p4 #eje4 ,footnote #aec3 ,rhys ,davids1 op4 cit4 p4 #bji4 ,footnote #aed3 ,din- ,mang- ,khirad1 xlvii4 #f4 ,footnote #aee3 ,ibid4 i4 #ed4 ,footnote #aef3 ,ibid4 lvii4 #ae sq4 ,footnote #aeg3 ,montefiore1 ,hibbert ,lectures on the ,religion of the ,ancient ,hebrews1 p4 #die4 ,deutsch1 ,literary ,remains1 p4 #ce4 ,footnote #aeh3 ,lane1 ,manners and ,customs of the ,modern ,egyptians1 p4 #cja sq4 ,footnote #aei3 ,ameer ,ali1 ,ethics of ,islm1 pp4 #dg1 #di4 ,in ,christianity the knowledge of truth became a necessary requirement of salvation4 ,but here1 as in the ,east1 the truth which alone was valued was religious truth4 ,all knowledge that was not useful to salvation was1 indeed1 despised1 and science was regarded not only as valueless1 but as sinful4#afj ,the wisdom of this world is foolishness with ,god4#afa ,if it happened that any one gave himself to letters1 or lifted up his mind to the contemplation of the heavenly bodies1 he passed instantly for a magician or a heretic4#afb ,so also every mental disposition which is essential to scientific research was for centuries stigmatised as offensive to the ,almighty2 it was a sin to doubt the opinions which had been instilled in childhood before they had been examined1 to notice any objection to those opinions1 to resolve to follow the light of evidence wherever it might lead4#afc ,yet we are told1 even by highly respectable writers1 that the modern world owes its scientific spirit to the extreme importance which ,christianity #acd assigned to the possession of truth1 of the truth4#afd ,according to ,m4 ,rville1 it was the orthodox intolerance of the ,church in the ,middle ,ages which impressed on ,christian society this disposition to seek truth at any price1 of which the modern scientific spirit is only the application4 ,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 persuasion1 along with a resolve to conquer it wherever it was felt not to be possessed4 ,how otherwise1 ,m4 ,rville asks1 can we explain that science was not developed and has not been pursued with constancy1 except in the midst of ,christian societies8#afe ,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 nations4 ,but1 surely1 the patient and impartial search after hidden truth1 for the sake of truth1 which constitutes the essence of scientific research1 is not congenial to1 but the very opposite of1 that ready acceptance of a revealed truth for the sake of eternal salvation1 which was insisted upon by the ,church4 ,and what about that singular love of abstract knowledge which flourished in ancient ,athens1 where ,aristotle declared it a sacred duty to prefer truth to everything else1#aff and ,socrates sacrificed his life on its altar8 ,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 descendants4 ,even when they had settled in the countries which they had conquered1 the #ace ,teutons would not permit their children to be instructed in any science1 for fear lest they should become effeminate and averse from war2#afg and long afterwards it was held that a nobleman ought not to know letters1 and that to write and read was a shame to gentry4#afh ,footnote #afj3 ,gibbon1 ,decline and ,fall of the ,roman ,empire1 ii4 #ahe4 von ,eicken1 ,geschichte der mittelalterlichen ,weltanschauung1 pp4 #abh-acj1 #ehi sqq4 ,footnote #afa3 #a ,corinthians1 iii4 #ai4 ,cf4 ,lactantius1 ,divines ,institutiones1 iii4 #c 7,migne1 ,patrologi cursus1 vi4 #ced sqq472 ,st4 ,augustine1 ,de ,civitate ,dei1 viii4 #aj 7,migne1 xli4 #bcd74 ,footnote #afb3 ,chapelain1 ,de la lecture des vieux romans1 p4 #bj4 ,as late as the middle of the seventeenth century a powerful party was rising in ,england who said that all learning was unfavourable to religion1 and that it was sufficient for everyone to be acquainted with his mother-tongue alone 7,twells1 ,life of ,pocock1 p4 #agf74 ,the ,duke de ,saint ,simon1 who in #agba and #agbb was the ,french ambassador in ,madrid1 states 7,mmoires1 xxxv4 #bji7 that in ,spain science was a crime1 and ignorance and stupidity the chief virtues4 ,footnote #afc3 ,lecky1 ,rationalism in ,europe1 ii4 #hg sq4 ,footnote #afd3 ,ritchie1 ,natural ,rights1 p4 #agb4 ,cf4 ,kuenen1 ,hibbert ,lectures on ,national ,religions and ,universal ,religions1 p4 #bij4 ,footnote #afe3 ,rville1 ,prolegomena of the ,history of ,religions1 p4 #bbf4 ,footnote #aff3 ,aristotle1 ,ethica ,nicomachea1 i4 #f4 #a4 ,prof4 ,ritchie argues 7op4 cit4 p4 #agb sq47 that a devotion to truth as such was in the ancient world known only to a few philosophers4 ,prof4 ,fowler is probably more correct in saying 7,principles of ,morals1 ii4 #de1 #bbj sq42 ,progressive ,morality1 p4 #aad7 that it was more common amongst the ,greeks than amongst ourselves4 ,footnote #afg3 ,procopius1 ,de bello ,gothorum1 i4 #b4 ,robertson1 ,history of the ,reign of ,charles ,v4 i4 #bcd4 ,millingen1 op4 cit4 i4 #bb sq4 n4 dagger ,footnote #afh3 ,alain ,chartier1 quoted by ,sainte-,palaye1 op4 cit4 ii4 #ajd4 ,see also ,de la ,nou1 ,discours politiques et militaires1 p4 #bch2 ,lyttleton1 ,life of ,henry ,,ii4 ii4 #bdf sq4 ,the ignorance of the medival clergy has been somewhat exaggerated by ,robertson 7op4 cit4 pp4 #ba1 #bb1 #bgh sq474 ,even in the dark ages it was not a very uncommon thing for the clergy to be able to read and write 7,maitland1 ,the ,dark ,ages1 p4 #af sqq474 ,the regard for knowledge springs in the first instance from the love of it4 ,as ,aristotle said1 all men are by nature desirous of knowledge4#afi ,but this feeling is not equally strong1 nor equally deep1 in all4 ,the curiosity of savages1 however great it often may be1#agj has chiefly reference to objects or events which immediately concern their welfare or appear to them alarming1 or to trifles which attract attention on account of their novelty4 ,if their curiosity were more penetrating1 they would no longer remain savages2 an extended desire of knowledge leads to civilisation4 ,but curiosity or love of knowledge1 whether in savage or civilised men1 is not resolvable merely into views of utility2 as ,dr4 ,brown observed1 we feel it without reflecting on the pleasure which we are to enjoy or the pain which we are to suffer4#aga ,when highly developed1 it drives men to scientific investigations even though no practical benefits are expected from the results4 ,this devotion to truth for its own sake1 pure and disinterested as it is1 has a singular tendency to excite regard and admiration in everyone who has come under its influence4 ,from the utilitarian point of view it has been defended on #acf the ground that1 on the whole1 every truth is in the long run useful and every error harmful1 and that we can never exactly tell in advance what benefits may accrue even from a knowledge which is apparently fruitless4 ,but it seems that our love of truth is somewhat apt to mislead our moral judgment4 ,when duly reflecting on the matter1 we cannot help making a moral distinction between him who pursues his studies merely from an instinctive craving for knowledge1 and him who devotes his life to the search of truth from a conviction that he may thereby promote human welfare4 ,footnote #afi3 ,aristotle1 ,metaphysica1 i4 #a4 #a1 p4 #ihj4 ,cf4 ,cicero1 ,de officiis1 i4 #d4 ,footnote #agj3 ,murdoch1 ',ethnological ,results of the ,point ,barrow ,expedition1' in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #db 7,eskimo74 ,krasheninnikoff1 ,history of ,kamschatka1 p4 #agg4 ,anderson1 ,mandalay to ,momien1 p4 #aea 7,kakhyens74 ,foreman1 ,philippine ,islands1 p4 #ahh 7,taglog natives of the ,north74 ,bock1 ,head ,hunters of ,borneo1 p4 #bji 7,dyaks74 ,forbes1 ,a ,naturalist's ,wanderings in the ,eastern ,archipelago1 p4 #cbj 7natives of ,timor-laut74 ,dieffenbach1 ,travels in ,new ,zealand1 ii4 #ajh4 ,footnote #aga3 ,dugald ,stewart1 op4 cit4 ii4 #ccf4 ,brown1 ,lectures on the ,philosophy of the ,human ,mind1 lec4 #fg1 p4 #dea4 ,,chapter ,,xxxii ,,the ,,respect ,,for ,,other ,,men',s ,,honour ,,and ,,self-,,regarding ,,pride--,,politeness ,,there are many acts1 forbearances1 and omissions1 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 upon4 ,foremost among these are attacks upon people's honour and good name4 ,a man's honour may be defined as the moral worth he possesses in the eyes of the society of which he is a member1 and it behoves other persons to acknowledge this worth and1 especially1 not to detract from it by imputing to him1 on insufficient grounds1 such behaviour as is generally considered degrading4 ,the censure to which he is subject or the contempt in which he is held may no doubt affect his welfare in various ways1 but it is chiefly painful as a violation of his personal dignity4 ,hence the duty of respecting a man's honour is on the whole contained in the more comprehensive obligation of showing deference1 in words and deeds1 for his feeling of self-regarding pride4 ,this feeling1 or at least the germ of it1 is found already in some of the lower animals4 ,among high-life dogs1 says ,professor ,romanes1 wounded sensibilities and loss of esteem are capable of producing much keener suffering than is mere physical pain4 ,a reproachful word or look from any of his friends made a #ach ,skye terrier miserable for a whole day2 and another terrier1 who when in good humour used to perform various tricks1 was never so pleased as when his joke was duly appreciated1 whereas nothing displeased him so much as being laughed at when he did not intend to be ridiculous4#a ,monkeys also1 according to ,dr4 ,brehm1 are very sensitive to every kind of treatment they may receive1 to love and dislike1 to encouraging praise and chilling blame1 to pleasant flattery and wounding ridicule1 to caresses and chastisement4#b ,footnote #a3 ,romanes1 ,animal ,intelligence1 pp4 #dci1 #ddd4 ,footnote #b3 ,brehm1 ,from ,north ,pole to ,equator1 p4 #bii4 ,cf4 ibid4 pp4 #cjd-cjf1 ,brehm1 ,thierleben1 i4 #ge1 #aeg2 ,schultze1 ,vergleichende ,seelenkunde1 i4 pt4 i4 #aaj2 ,perty1 ,das ,seelenleben der ,thiere1 p4 #ff4 ,among the savage races of men1 as among civilised peoples1 self-regarding pride is universal1 and in many of them it is a very conspicuous trait of character4#c ,the ,veddah of ,ceylon1 says ,mr4 ,nevill1 is proud in the extreme1 and considers himself no man's inferior4 ,hence he is keenly sensitive to ridicule1 contempt1 and even patronage4 ,there is nothing he dreads more than being laughed at as a savage1 because he dislikes clothes and cultivation4#d ,australian aborigines are described as extravagantly proud1#e as vain and fond of approbation4#f ,in ,fiji anything like a slight deeply offends a native1 and is not soon forgotten4#g ,the ,negroes of ,sierra ,leone possess a great share of pride1 and are easily affected by an insult3 they cannot hear even a harsh expression1 or a raised tone of voice1 without shewing that #aci they feel it4#h ,the ,araucanians1 inhabiting parts of ,chili1 are naturally fond of honourable distinction1 and there is nothing they can endure with less patience than contempt or inattention4#i ,the ,north ,american ,indians1 says ,perrot1 ont gnralement touts beaucoup de vaine gloire dans leurs actions bonnes ou mauvaises4 4 4 4 ,l'ambition est en un mot une des plus fortes passions qui les anime4#aj ,the ,indian of ,british ,columbia1 for instance1 watches that he may receive his proper share of honour at festivals2 he cannot endure to be ridiculed for even the slightest mistake2 he carefully guards all his actions1 and looks for due honour to be paid to him by friends1 strangers1 and subordinates4 ,this peculiarity appears most clearly in great festivals4#aa ,thus1 in numerous instances1 persons who have been hoarding up property for ten1 fifteen1 or twenty years 7at the same time almost starving themselves for want of clothing71 have given it all away to make a show for a few hours1 and to be thought of consequence4#ab ,speaking of the ,eskimo about ,behring ,strait1 ,mr4 ,nelson observes1 ,as with all savages1 the ,eskimo are extremely sensitive to ridicule and are very quick to take offence at real or seeming slights4#ac ,among the ,atkha ,aleuts it has happened that men have committed suicide from disappointment at the failure of an undertaking1 fearing that they would become the laughing-stock of the village4#ad ,among many other savages shame or wounded pride is not uncommonly a cause of suicide4#ae ,the ,hos of ,chota ,nagpore have a saying that for a wife who has been reproved by her husband #adjnothing remains but the water at the bottom of the well2#af 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 child4#ag ,footnote #c3 ,dieffenbach1 ,travels in ,new ,zealand1 ii4 #ajg2 ,colenso1 ,maori ,races of ,new ,zealand1 p4 #ef4 ,crawfurd1 ,history of the ,indian ,archipelago1 i4 #ed4 ,raffles1 ,history of ,java1 i4 #bdi4 ,st4 ,john1 ,life in the ,forests of the ,far ,east1 ii4 #cbc 7,malays of ,sarawak74 ,man1 ',aboriginal ,inhabitants of the ,andaman ,islands1' in ,jour4 ,anthr4 ,inst4 xii4 #id4 ,stewart1 ',notes on ,northern ,cachar1' in ,jour4 ,asiatic ,soc4 ,bengal1 xxiv4 #fji 7,nagas74 ,bergmann1 ,nomadische ,streifereien unter den ,kalmken1 ii4 #bij1 #bie1 #bif1 #cab4 ,hgstrm1 ,beskrifning fver de til ,sveriges ,krona lydande ,lapmarker1 p4 #aeb 7,lapps74 ,dall1 ,alaska1 p4 #cib sq4 7,aleuts74 ,brett1 ,indian ,tribes of ,guiana1 p4 #ajc4 ,footnote #d3 ,nevill1 ',vaeddas of ,ceylon1' in ,taprobanian1 i4 #aib4 ,cf4 ,sarasin1 ,ergebnisse naturwissenschaftlicher ,forschungen auf ,ceylon1 iii4 #ecg4 ,footnote #e3 ,hale1 ,u4,s4 ,exploring ,expedition4 ,vol4 ,,vi4 ,ethnography and ,philology1 p4 #aji4 ,footnote #f3 ,mathew1 in ,curr1 ,the ,australian ,race1 iii4 #aee4 ,footnote #g3 ,williams and ,calvert1 ,fiji1 p4 #aje4 ,cf4 ibid4 p4 #ajc sq4 ,footnote #h3 ,winterbottom1 ,native ,africans in the ,neighbourhood of ,sierra ,leone1 i4 #baa4 ,footnote #i3 ,molina1 ,history of ,chili1 ii4 #aac4 ,footnote #aj3 ,perrot1 ,memoire sur les moeurs1 coustumes et relligion des sauvages de l',amerique septentrionale1 p4 #gf4 ,cf4 ,buchanan1 ,sketches of the ,history1 ,manners1 and ,customs of the ,north ,american ,indians1 p4 #afe2 ,matthews1 ,ethnography and ,philology of the ,hidatsa ,indians1 p4 #da4 ,footnote #aa3 ,boas1 in ,fifth ,report on the ,north-,western ,tribes of ,canada1 p4 #ai4 ,footnote #ab3 ,duncan1 quoted by ,mayne1 ,four ,years in ,british ,columbia1 p4 #bie4 ,footnote #ac3 ,nelson1 ',eskimo about ,bering ,strait1' in ,ann4 ,rep4 ,bur4 ,ethn4 xviii4 #cjj4 ,footnote #ad3 ,yakof1 quoted by ,petroff1 ,report on ,alaska1 p4 #aeh4 ,cf4 ,dall1 op4 cit4 p4 #cia 7,aleuts74 ,footnote #ae3 ,see infra1 on ,suicide2 ,lasch1 ',besitzen die ,naturvlker ein persnliches ,ehrgefhl8' in ,zeitschr4 f4 ,socialwissenschaft1 iii4 #hcg sqq4 ,footnote #af3 ,bradley-,birt1 ,chota ,nagpore1 p4 #ajd4 ,cf4 ,dalton1 ,descriptive ,ethnology of ,bengal1 p4 #bjf4 ,footnote #ag3 ,colenso1 op4 cit4 p4 #eg4 ,like other injuries1 an insult not only affects the feelings of the victim1 but arouses sympathetic resentment in outsiders1 and is consequently disapproved of as wrong4 ,among the ,maoris1 if anybody wantonly tried to hurt another's feelings1 it was immediately repressed1 and such a person was spoken of as having had no parents1 or1 as having been born 7laid7 by a bird4#ah ,in the ,malay ,archipelago1 among some of the tribes1 abusive language cannot with impunity be used even to a slave4 ,blows are still more intolerable1 and considered such grievous affronts1 that1 by law1 the person who receives them is considered justified in putting the offender to death4#ai ,the natives of the ,tonga ,islands hold no bad moral habit to be more ridiculous1 depraved1 and unjust1 than publishing the faults of one's acquaintances and friends 4 4 4 4 2 and as to downright calumny or false accusation1 it appears to them more horrible than deliberate murder does to us3 for it is better1 they think1 to assassinate a man's person than to attack his reputation4#bj ,according to the customary laws of the ,fantis in ,west ,africa1 where a person has been found guilty of using slanderous words1 he is bound to retract his words publicly1 in addition to paying a small fine by way of compensation to the aggrieved party4 ,words imputing witchcraft1 adultery1 immoral conduct1 crime1 and all words which sound to the disreputation of a person of whom they are spoken are actionable4#ba ,footnote #ah3 ,ibid4 p4 #ec4 ,footnote #ai3 ,crawfurd1 op4 cit4 iii4 #aai sq4 ,footnote #bj3 ,mariner1 ,natives of the ,tonga ,islands1 ii4 #afc sq4 ,footnote #ba3 ,sarbah1 ,fanti ,customary ,laws1 p4 #id4 ,among the ,aztecs of ancient ,mexico he who wilfully calumniated another1 thereby seriously injuring his #ada reputation1 was condemned to have his lips cut off1 and sometimes his ears also2 whilst in ,tezcuco the slanderer suffered death4#bb ,in the ,chinese penal code a special book is provided for the prevention and punishment of opprobrious and insulting language1 as having naturally a tendency to produce quarrels and affrays4#bc ,among ,arabs all insulting expressions have their respective fines ascertained in the k4ady's court4#bd ,it is said in the ,talmud3--,let the honour of thy neighbour be to thee like thine own4 ,rather be thrown into a fiery furnace than bring any one to public shame4#be ,footnote #bb3 ,bancroft1 ,native ,races of the ,pacific ,states1 ii4 #dfc4 ,footnote #bc3 ,ta ,tsing ,leu ,lee1 p4 #ced n499 ,footnote #bd3 ,burckhardt1 ,notes on the ,bedouins and ,wahbys1 p4 #gj sq4 ,footnote #be3 ,deutsch1 ,literary ,remains1 p4 #eg4 ,the ,roman ,law of the ,twelve ,tables contained provisions against libellers1#bf and throughout the whole history of ,roman law an attack upon honour or reputation was deemed a serious crime4#bg ,as for wrongful prosecution1 which may be regarded as an aggravated form of defamation1 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 adversary4#bh ,among ,teutonic peoples defamatory words and libelling were already at an early date punished with a fine4#bi ,the ,salic ,law decrees that a person who calls a freeborn man a fox or a hare or a dirty fellow1 or says that he has thrown away his shield1 must pay him three solidi2#cj whilst1 according to one text of the same law1 it cost #ahh solidi 7or nearly as much as was paid for the murder of a ,frankish freeman7#ca to call a freeborn woman a witch or a harlot1 in case the truth of the charge could not be proved4#cb #adb ,the oldest ,english laws exacted bt and wte from persons who attacked others with abusive words4#cc ,in the thirteenth century1 in almost every action before an ,english local court1 the plaintiff claimed compensation not only for the damage1 but also for the shame which had been done him4#cd ,we further find that regular actions for defamation were common in the local courts2 whereas in later days the ecclesiastical procedure against defamatory speech seems to have been regarded as the usual1 if not the only1 engine which could be brought to bear upon cases of libel and slander4#ce ,in ,england1 as in ,rome1 there was a strong feeling that men should not make charges which they could not prove3 before the ,conquest a person might lose his tongue1 or have to redeem it with his full wer1 if he brought a false and scandalous accusation2 and under ,edward ,i4 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 innocent4#cf ,footnote #bf3 ,lex ,duodecim ,tabularum1 viii4 #a4 ,footnote #bg3 ,digesta1 xlvii4 #aj4 #ae4 #be4 ,codex ,justinianus1 ix4 #cf4 ,hunter1 ,exposition of ,roman ,law1 p4 #ajfi sq4 ,mommsen1 ,rmisches ,strafrecht1 p4 #gid sq4 ,footnote #bh3 ,gnther1 ,die ,idee der ,wiedervergeltung1 i4 #ada sqq4 ,mommsen1 op4 cit4 p4 #dif sq4 ,footnote #bi3 ,wilda1 ,strafrecht der ,germanen1 p4 #ggf sqq4 ,nordstrm1 ,bidrag till den svenska samhlls-frfattningens historia1 ii4 #bic sqq4 ,stemann1 ,den danske ,retshistorie indtil ,christian ,v4's ,lov1 p4 #fhf sq4 ,brunner1 ,deutsche ,rechtsgeschichte1 ii4 #fgb sqq4 ,footnote #cj3 ,lex ,salica1 xxx4 #d1 #e1 #b2 ,hessel's edition1 col4 #aha sqq4 ,footnote #ca3 ,ibid4 xv4 col4 #ia sqq4 ,footnote #cb3 ,ibid4 lxvii4 #b1 col4 #djc4 ,footnote #cc3 ,laws of ,hlothhaere and ,eadric1 #aa4 ,footnote #cd3 ,pollock and ,maitland1 ,history of ,english ,law till the ,time of ,edward ,i4 ii4 #ecg4 ,footnote #ce3 ,ibid4 ii4 #ech4 ,stephen1 ,history of the ,criminal ,law of ,england1 ii4 #dji4 ,footnote #cf3 ,pollock and ,maitland1 op4 cit4 ii4 #eci4 ,the condemnation of an insult is greatly influenced by the status of1 or the relations between1 the parties concerned4 ,among the ,goajiro ,indians of ,colombia a poor man may be insulted with impunity1 when the same treatment to a rich man would cause certain bloodshed4#cg ,in ,nias an affront is punished with a fine1 which varies according to the rank of the parties4#ch ,the ,chinese penal code lays down that a person who is guilty of addressing abusive language to his or her father or mother1 or father's parents1 or a wife who rails at her husband's parents or grandparents1 shall be strangled2#ci and the same punishment is prescribed for a slave who abuses his master4#dj #adc ,according to the ,laws of ,manu1 a ,kshatriya shall be fined one hundred panas for defaming a ,brhmana1 a ,vaisya shall be fined one hundred and fifty or two hundred panas1 and a ,sdra shall suffer corporal punishment2 whereas a ,brhmana shall pay only fifty panas for defaming a ,kshatriya1 twenty-five for defaming a ,vaisya1 and twelve for defaming a ,sdra4#da ,in ancient ,teutonic law the fines for insulting behaviour were graduated according to the rank of the person offended4#db ,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 such1 only to the master through the medium of his slave2#dc and even in later times1 in the case of trifling injuries1 such as mere verbal insults1 the master had no action1 unless by leave of the ,praetor1 or unless the insult were meant for the master himself4#dd ,these and similar variations spring from the same causes as do corresponding variations in the case of other injuries dealt with above4 ,but there are also special reasons why social superiority or inferiority influences moral opinions concerning offences against persons self-regarding pride4 ,the respect due to a man is closely connected with his station1 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 held4 ,at the same time the harmfulness of an insult also depends upon the reputation of the person who offers it4 ,according to the ,gotlands ,lag1 one of the ancient provincial laws of ,sweden1 a slave can not only be insulted with impunity1 but has himself to pay no fine for insulting another person#de--obviously because he was too degraded a being to be able to detract from anybody's honour or good name4 ,footnote #cg3 ,simons1 ',exploration of the ,goajira ,peninsula1' in ,proceed4 ,roy4 ,geo4 ,soc4 ,n4,s4 vii4 #ghf4 ,footnote #ch3 von ,rosenberg1 ,der malayische ,archipel1 p4 #afg4 ,footnote #ci3 ,ta ,tsing ,leu ,lee1 sec4 cccxxix4 p4 #ceg4 ,footnote #dj3 ,ibid4 sec4 cccxxvii4 p4 #cef4 ,footnote #da3 ,laws of ,manu1 viii4 #bfg sq4 ,cf4 ,gautama1 xii4 #h sqq4 ,it is also said that a once-born man 7a ,sdra71 who insults a twice-born man with gross invective1 shall have his tongue cut out2 for he is of low origin 7ibid4 viii4 #bgj4 ,see also ,institutes of ,vishnu1 v4 #bc2 ,gautama1 xii4 #a2 pastamba1 ii4 #aj4 #bg4 #ad74 ,footnote #db3 ,keyser1 ,efterladte ,skrifter1 ii4 pt4 i4 #bie4 ,footnote #dc3 ,hunter1 ,exposition of ,roman ,law1 p4 #afd4 ,mommsen1 ,rmisches ,strafrecht1 p4 #ghf1 n4 #c4 ,footnote #dd3 ,digesta1 xlvii4 #aj4 #ae4 #ce4 ,hunter1 op4 cit4 p4 #afe4 ,footnote #de3 ,gotlands-,lagen1 i4 #ai4 #cg4 #add ,the condemnation of such conduct as is offensive to other persons' self-regarding pride includes condemnation of pride itself1 when displayed in an excessive degree2 whereas the opposite disposition--modesty--which implies regard for other people's self-feeling1 is praised as a virtue4 ,the ,fijians say of a boasting person1 ,you are like the kaka 7parrot72 you only speak to shout your own name4#df ,on the other hand1 among the ,tonga ,islanders a modest opinion of oneself is esteemed a great virtue1 and is also put in practice4#dg ,confucius taught that humility belongs to the characteristics of a superior man4#dh ,such a man1 he said1 is modest in his speech1 though he exceeds in his actions2#di he has dignified ease without pride1 whereas the mean man has pride without a dignified ease2#ej he prefers the concealment of his virtue1 when it daily becomes more illustrious1 whereas the mean man seeks notoriety when he daily goes more and more to ruin4#ea ,so also humility has a distinguished place in the teachings of ,lao-tsze3--,i have three precious things which ,i hold fast and prize1 namely1 compassion1 economy1 and humility2 ,he who knows the glory1 and at the same time keeps to shame1 will be the whole world's valley 4 4 4 1 eternal virtue will fill him1 and he will return home to ,taou4#eb ,in the ,book of the ,dead the soul of the ancient ,egyptian pleads1 ,i am not swollen with pride4#ec ,according to ,zoroastrianism1 the sin of pride has been created by ,ahriman4#ed ,overbearingness was censured in ancient ,scandinavia1#ee ,greece1#ef and ,rome4 ,during our prosperity1 says ,cicero1 we ought with great care to #ade avoid pride and arrogance4#eg ,the ,hebrew prophets condemned not only pride but eminence1 because an eminent man is apt to be proud4#eh ,we read in the ,talmud3--,he who humiliates himself will be lifted up2 he who raises himself up will be humiliated4 ,whosoever runs after greatness1 greatness runs away from him2 he who runs from greatness1 greatness follows him4#ei ,christianity enjoined humility as a cardinal duty in every man4#fj ,in the ,koran it is said1 ,god loves not him who is proud1 and boastful4#fa ,pride has thus come to be stigmatised not only as a vice1 but as a sin of great magnitude4 ,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 man4 ,but pride must also appear as irreligious arrogance to those who maintain that man is by nature altogether corrupt1 and that everything good in him is a gift of ,god4#fb ,footnote #df3 ,williams and ,calvert1 op4 cit4 p4 #ajg4 ,footnote #dg3 ,mariner1 op4 cit4 ii4 #afd4 ,footnote #dh3 ,lun ,y1 v4 #ae4 ,chung ,yung1 xxvii4 #g4 ,footnote #di3 ,lun ,y1 xiv4 #bi4 ,footnote #ej3 ,ibid4 xiii4 #bf4 ,cf4 ibid4 xx4 #b4 #a4 ,footnote #ea3 ,chung ,yung1 xxxiii4 #a4 ,footnote #eb3 ,douglas1 ,confucianism and ,taouism1 p4 #aid sq4 ,to ,teh ,king1 xxviii4 #a4 ,footnote #ec3 ,book of the ,dead1 ch4 #abe1 p4 #baf4 ,cf4 ,amlineau1 ,essai sur l'volution des ides morales dans l'gypt ,ancienne1 p4 #cec4 ,footnote #ed3 ,venddd1 i4 #aa4 ,footnote #ee3 ,maurer1 ,die ,bekehrung des ,norwegischen ,stammes zum ,christenthume1 ii4 #aej4 ,footnote #ef3 ,schmidt1 ,die ,ethik der alten ,griechen1 i4 #bec4 ,hermann1 ,lehrbuch der ,griechischen ,antiquitten1 ii4 pt4 i4 #cd sq4 ,blmner1 ,ueber die ,idee des ,schicksals in den ,tragdien des ,aischylos1 p4 #aca4 ,footnote #eg3 ,cicero1 ,de officiis1 i4 #bf4 ,footnote #eh3 ,cf4 ,kuenen1 ,religion of ,israel1 i4 #fb sq4 ,footnote #ei3 ,deutsch1 ,literary ,remains1 p4 #eh4 ,footnote #fj3 ,st4 ,matthew1 v4 #aa1 #ab1 #ci2 vi4 #be1 #bf1 #cj sqq42 xviii4 #d2 c4 ,footnote #fa3 ,koran1 iv4 #dj4 ,cf4 ,ameer ,ali1 ,ethics of ,islm1 p4 #dd4 ,footnote #fb3 ,manzoni1 ,osservazioni sulla morale cattolica1 p4 #ahb sqq4 ,at the same time1 whilst pride is held blamable1 humility may also go too far to be approved of1 and may even be an object of censure4 ,in early ethics1 as we have noticed above1 revenge is enjoined as a duty and forgiveness of enemies is despised2 and this is the case not only among savages4#fc ,the device of ,chivalry was1 ,it is better to die than to be avenged by shame2#fd and side by side with the nominal acceptance of the ,christian doctrine of absolute placability the idea still prevails1 in many ,european countries1 that an assault upon honour shall be followed by a challenge to mortal combat4 ,too great humility is regarded as a sign of weakness1 cowardice1 hypocrisy1 or a defective sense of honour4 ,we are not allowed to be indifferent to the estimation in which we are held by our neighbours4 ,such indifference springs either from a feeble moral constitution and absence of moral shame1 or from #adf a depreciation of other people's opinions in comparison with our own1 and this is offensive to their amour-propre4 ,outward humility may thus suggest inward pride and appear arrogant4 ,footnote #fc3 ,supra1 i4 #gc sq4 ,footnote #fd3 ,laurent1 tudes sur l'histoire de l',humanit1 vii4 #ahd4 ,a person's self-feeling may be violated in innumerable ways1 by words and deeds4 ,almost any deviation from what is usual may arouse a suspicion of arrogance4 ,this largely accounts for the fact mentioned in a previous chapter that habits have a tendency to become true customs1 that is1 rules of duty4 ,transgressions of the established forms of social intercourse are particularly apt to be offensive to people's self-regarding pride4 ,many of these forms originated in a desire to please1 but by becoming habitual they at the same time became obligatory4 ,politeness is a duty rather than a virtue4 ,there is probably no people on earth which does not recognise some rules of politeness4 ,many savages are conspicuous for their civility4#fe ,it has been observed that ,christian missionaries working among uncivilised races often are in manners much inferior to those they are teaching1 and thus lower the native standard of refinement4#ff ,the ,samoans1 we are told1 are a nation of gentlemen1 and contrast most favourably with the generality of ,europeans who come amongst them4#fg ,on their first intercourse with ,europeans1 the ,maoris always manifest a degree of politeness which would do honour to a more civilised people2 but by continued intercourse they lose a great part of this characteristic4#fh ,among the ,fijians the rules of politeness are minute1 and receive scrupulous attention4 ,they affect the language1 and are seen in forms of salutation1 in attention to strangers1 at meals1 in dress1 and1 indeed1 influence their manners in-doors and #adg out4 ,none but the very lowest are ill-behaved1 and their confusion on committing themselves shows that they are not impudently so4#fi ,the ,malagasy are a very polite people1 and look with contempt upon those who neglect the ordinary usages and salutations2#gj even the most ragged and tattered slave possesses a natural dignity and ease of manner1 which contrasts favourably with the rude conduct and boorish manners of the lower class at home4#ga ,of the ,point ,barrow ,eskimo ,mr4 ,murdoch observes that many of them show a grace of manner and a natural delicacy and politeness which is quite surprising2 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 did1 so as not to hurt his feelings by correcting him bluntly4#gb ,the forms of ,kafir politeness are very strictly adhered to1 and are many4#gc ,of the ,negroes of ,fida ,bosman wrote1 ,they are so civil to each other and the inferior so respectful to the superior1 that at first ,i was very much surprised at it4#gd ,monrad found the ,negroes of ,accra surpass many civilised people in politeness4#ge ,so also in ,morocco even country-folks are much more civil in their general behaviour than the large majority of ,europeans4 ,the conversations of the ,arabs1 says d',arvieux1 are full of civilities2 one never hears anything there that they think rude and unbecoming4#gf ,politeness is a characteristic of all the great nations of the ,east4 ,the ,chinese have brought the practice of it to a pitch of perfection which is not only unknown in ,western lands1 but1 previous to experience1 is unthought of and almost unimaginable4 ,the rules of ceremony1 we are reminded in the ,classics1 are three #adh hundred1 and the rules of behaviour three thousand4#gg ,in ,europe courtesy was recommended as the most amiable of knightly qualities2 and from the wild and overstrained courtesies of ,chivalry has been derived our present system of manners4#gh ,footnote #fe3 ,waitz-,gerland1 ,anthropologie der ,naturvlker1 vi4 #adc sqq4 7,polynesians74 ,macdonald1 ,oceania1 p4 #aie 7,efatese74 ,cranz1 ,history of ,greenland1 i4 #aeg4 ,mac,gregor1 ',lagos1 ,abeokuta and the ,alake1' in ,jour4 ,african ,soc4 ,july1 #aijd1 p4 #dff 7,yorubas74 ,footnote #ff3 ,brenchley1 ,jottings during the ,cruise of ,h4,m4,s4 ',curaoa' among the ,south ,sea ,islands1 p4 #cdi4 ,footnote #fg3 ,hood1 ,cruise in ,h4,m4,s4 ',fawn' in the ,western ,pacific1 p4 #ei sq4 ,footnote #fh3 ,dieffenbach1 op4 cit4 ii4 #ajh sqq4 ,see also ,colenso1 op4 cit4 p4 #ec sqq4 ,footnote #fi3 ,williams and ,calvert1 op4 cit4 p4 #abi4 ,cf4 ibid4 pp4 #abh1 #aca sq42 ,anderson1 ,notes of ,travel in ,fiji1 p4 #ace4 ,footnote #gj3 ,sibree1 ,the ,great ,african ,island1 p4 #cbe4 ,footnote #ga3 ,little1 ,madagascar1 p4 #ga4 ,footnote #gb3 ,murdoch1 ',ethn4 ,results of the ,point ,barrow ,expedition1' in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #db4 ,footnote #gc3 ,leslie1 ,among the ,zulus and ,amatongas1 p4 #bjc4 ,footnote #gd3 ,bosman1 ,description of the ,coast of ,guinea1 p4 #cag4 ,footnote #ge3 ,monrad1 ,skildring af ,guinea-,kysten1 p4 #i4 ,footnote #gf3 d',arvieux1 ,travels in ,arabia the ,desart1 p4 #ada4 ,footnote #gg3 ,smith1 ,chinese ,characteristics1 p4 #ce4 ,footnote #gh3 ,ordre of ,chyualry1 fol4 #df4 ,robertson1 ,history of the ,reign of ,charles ,v4 i4 #hd4 ,milman1 ,history of ,latin ,christianity1 iv4 #baa4 ,turner1 ,history of ,england1 iii4 #dgc4 ,mills1 ,history of ,chivalry1 i4 #afa sq4 ,scott1 ',essay on ,chivalry1' in ,miscellaneous ,prose ,works1 vi4 #eh4 ,the rules of politeness and good manners refer to all sorts of social intercourse and vary indefinitely in detail4 ,they tell people how to sit or stand in each other's presence1 or how to pass through a door2 a ,zulu would be fined for going out of a hut back first4#gi ,they prescribe how to behave at a meal2 the ,indians of ,british ,columbia consider it improper to talk on such an occasion1#hj and it appears that in ,england also1 in the fifteenth century1 people did not hold conversation while eating1 but that the talk and mirth began with the liquor4#ha ,politeness demands that a person should never interrupt another while speaking2#hb or that he should avoid contradicting a statement2#hc or1 not infrequently1 that he should rather tell a pleasant untruth than an unpleasant truth4#hd ,at times it requires the use of certain phrases1 words of thanks1 flattery1 or expressions of self-humiliation4 ,in ,chinese there is a whole vocabulary of words which are indispensable to one who wishes to pose as a 'polite' person1 words in which whatever belongs to the speaker is treated with scorn and contempt1 and whatever relates to the person addressed is honourable4 ,the 'polite' ,chinese will refer to his wife1 if driven to the extremity of referring #adi to her at all1 as his 'dull thorn1' or in some similar elegant figure of speech4#he ,footnote #gi3 ,tyler1 ,forty ,years among the ,zulus1 p4 #aij sq4 ,footnote #hj3 ,woldt1 ,kaptein ,jacobsens ,reiser til ,nordamerikas ,nordvestkyst1 p4 #ii4 ,footnote #ha3 ,wright1 ,domestic ,manners and ,sentiments in ,england during the ,middle ,ages1 p4 #cif4 ,footnote #hb3 ,domenech1 ,seven ,years ,residence in the ,great ,deserts of ,north ,america1 ii4 #gb4 ,richardson1 ,arctic ,searching ,expedition1 i4 #che 7,kutchin74 ,cranz1 ,history of ,greenland1 i4 #aeg4 ,dobrizhoffer1 ,account of the ,abipones1 ii4 #acf sq4 d',arvieux1 op4 cit4 p4 #aci sq42 ,wallin1 ,reseanteckningar frn ,orienten1 iii4 #bei 7,bedouins74 ,footnote #hc3 ,nansen1 ,first ,crossing of ,greenland1 ii4 #ccd sq42 ,cranz1 op4 cit4 i4 #aeg 7,greenlanders74 ,dobrizhofifer1 op4 cit4 ii4 #acg 7,abipones74 d',arvieux1 op4 cit4 p4 #ada 7,bedouins74 ,footnote #hd3 ,supra1 ii4 #aaa4 ,footnote #he3 ,smith1 ,chinese ,characteristics1 p4 #bgd4 ,politeness enjoins the performance of certain ceremonies upon persons who meet or part4 ,the custom of salutation is of world-wide prevalence1 though there are certain savages who are said to have no greetings except when they have learnt the practice from the whites4#hf ,as a ceremony prescribed by public opinion it is an obligatory tribute paid to another person's self-feeling1 whatever be the original nature of the act which has been adopted for the purpose4 ,the form of salutation has sometimes been borrowed from questions springing from curiosity or suspicion4 ,among the ,californian ,miwok1 when anybody meets a stranger he generally salutes him1 ,whence do you come8 ,what are you at8#hg ,the ,abipones would think it quite contrary to the laws of good-breeding1 were they to meet any one and not ask him where he was going2#hh and a similar question is also a very common mode of greeting among the ,berbers of ,southern ,morocco4 ,very frequently a salutation consists of some phrase which is expressive of goodwill4 ,it may be an inquiry about the other person's health or welfare1 as the ,english ,how are you8 ,how do you do8 ,among the ,burmese two relatives or friends who meet begin a conversation by the expressions1 ,are you well8 ,i am well1 if they have been some time separated2 whereas those who are daily accustomed to meet say1 ,where are you going8#hi ,the ,moors ask1 ,what is your news8 or1 ,is nothing wrong8 ,the ordinary salutation of the ,zulus is1 ,i see you1 are you well8 after which the snuffbox1 the token of friendship1 is passed round4#ij ,among several tribes of ,california1 again1 a person when greeting another #aej simply utters a word which means friendship4#ia ,the goodwill is often directly expressed in the form of a wish1 like our ,good day6 ,good night6 ,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 welfare1#ib but in later times ,health6 or ,peace to thee6 became the current greeting4#ic ,according to the ,laws of ,manu1 a ,brhmana should be saluted1 ,may thou be long-lived1 ,o gentle one6#id ,the ,greeks said ,greek3 chaire 7,be joyful672 the ,romans1 ,salve6 7,be in health67 especially on meeting1 and ,vale6 7,be well67 on parting4 ,the good wish may have the form of a prayer4 ,the ,moors say1 ,may ,god give thee peace6 ,may ,god give thee a good night6 and the ,english ,good-bye and the ,french ,adieu are prayers curtailed by the progress of time4 ,but there is no foundation for ,professor ,wundt's assertion that the words employed in greeting are one and all prayer formul in a more or less rudimentary state4#ie ,a salutation may1 finally1 be a verbal profession of subjection1 as the ,swedish dmjukaste tjnare1 that is1 7,i am your7 most humble servant4 ,footnote #hf3 ,krasheninnikoff1 ,history of ,kamschatka1 p4 #agg4 ,dall1 op4 cit4 p4 #cig 7,aleuts74 ,egede1 ,description of ,greenland1 p4 #abe2 ,rink1 ,danish ,greenland1 p4 #bbc2 ,cranz1 op4 cit4 i4 #aeg 7,greenlanders74 ,prescott1 in ,schoolcraft1 ,indian ,tribes of the ,united ,states1 iii4 #bdd 7,dacotahs74 ,lewin1 ,wild ,races of ,south-,eastern ,india1 pp4 #bcj 7,kumi71 #bef 7,kukis74 ,footnote #hg3 ,powers1 ,tribes of ,california1 p4 #cdg4 ,footnote #hh3 ,dobrizhoffer1 op4 cit4 ii4 #ach4 ,footnote #hi3 ,forbes1 ,british ,burma1 p4 #fi4 ,footnote #ij3 ,tyler1 op4 cit4 p4 #aij4 ,footnote #ia3 ,powers1 op4 cit4 p4 #eh4 ,footnote #ib3 ,genesis1 xliii4 #bg4 ,exodus1 xviii4 #g4 ,footnote #ic3 ,judges1 xix4 #bj4 #a ,chronicles1 xii4 #ah4 ,cf4 ,keil1 ,manual of ,biblical ,archology1 ii4 #ahc4 ,footnote #id3 ,laws of ,manu1 ii4 #abe4 ,footnote #ie3 ,wundt1 ,ethik1 p4 #agi4 ,salutations may consist not only in words spoken1 but in conventional gestures1 either accompanied by some verbal expression or performed silently4#if ,they may be tokens of submission or reverence1 as cowering1 crouching1 and bowing4 ,or they may originally have been signs of disarming or defencelessness1 as uncovering some particular portion of the body4 ,von ,jhering suggests that the offering of the hand belongs to the same group of salutations1 its object being to indicate that the other person has nothing to fear2#ig but in many cases at least handshaking seems to have the same origin as other ceremonies consisting #aea in bodily contact4 ,salutatory gestures may express not only absence of evil intentions but positive friendliness2 among respectable ,moors it is a common mode of greeting that each party places his right hand on his heart to indicate1 as ,jackson puts it1 that part to be the residence of the friend4#ih ,various forms of salutation by contact1 such as clasping1 embracing1 kissing1 and sniffing1 are obviously direct expressions of affection2#ii and we can hardly doubt that the joining of hands serves a similar object when we find it combined with other tokens of goodwill4 ,among some of the ,australian natives1 friends1 on meeting after an absence1 will kiss1 shake hands1 and sometimes cry over one another4#ajj ,in ,morocco equals salute each other by joining their hands with a quick motion1 separating them immediately1 and kissing each his own hand4 ,the ,soolimas1 again1 place the palms of the right hands together1 carry them then to the forehead1 and from thence to the left side of the chest4#aja ,but bodily union is also employed as a method of transferring either blessings or conditional curses1 and it seems probable that certain salutatory acts have vaguely or distinctly such transference in view4 ,among the ,masai1 who spit on each other both when they meet and when they part1 spitting expresses the greatest goodwill and the best of wishes2#ajb 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 guest4#ajc ,on the same principle as underlies these ceremonies1 handshaking may be a means of joining in compact1 analogous to a common meal#ajd and the blood-covenant4#aje ,footnote #if3 ,see ,tylor1 ',salutations1' in ,encyclopdia ,britannica1 xxi4 #bce sqq42 ,ling ,roth1 ',salutations1' in ,jour4 ,anthr4 ,inst4 xix4 #aff sqq4 ,footnote #ig3 von ,jhering1 ,der ,zweck im ,recht1 ii4 #fdi sqq4 ,footnote #ih3 ,jackson1 ,account of ,timbuctoo1 c4 p4 #bce4 ,footnote #ii3 ,see infra1 on the ,origin and ,development of the ,altruistic ,sentiment4 ,footnote #ajj3 ,hackett1 ',ballardong or ,ballerdokking ,tribe1' in ,curr1 ,the ,australian ,race1 i4 #cdc4 ,footnote #aja3 ,laing1 ,travels in the ,timannee1 ,kooranko1 and ,soolima ,countries1 p4 #cfh4 ,footnote #ajb3 ,thomson1 ,through ,masai ,land1 p4 #aff4 ,footnote #ajc3 ,supra1 i4 #eij sq4 ,footnote #ajd3 ,supra1 i4 #ehg4 ,footnote #aje3 ,see infra1 on the ,origin and ,development of the ,altruistic ,sentiment4 ,being an homage rendered to other persons self-regarding #aeb pride1 the rule of politeness is naturally most exacting in relation to superiors4 ,many of its forms have1 in fact1 originated in humble or respectful behaviour towards rulers1 masters1 or elders1 and1 often in a modified shape1 become common between equals after they have lost their original meaning4#ajf ,it has been noticed that the cruelty of despots always engenders politeness1 whereas the freest nations are generally the rudest in manners4#ajg ,politeness is further in a special degree shown by men to women1 not only among ourselves1 but even among many savages2#ajh in this case courtesy is connected with courtship4 ,strangers or remote acquaintances1 also1 have particular claims to be treated with civility1 whereas politeness is of little moment in the intercourse of friends2 it imitates kindness1 and is resorted to where the genuine feeling is wanting4#aji ,and in the capacity of guest1 the stranger is often for the time being flattered with exquisite marks of honour1 for reasons which have been stated in another connection4 ,footnote #ajf3 ,see ,spencer1 ,principles of ,sociology1 ii4 ',ceremonial ,institutions1' passim4 ,footnote #ajg3 ,johnston1 ,uganda1 ii4 #fhe4 ,footnote #ajh3 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur ,ethn4 iii4 #bgj4 ,chanler1 ,through ,jungle and ,desert1 p4 #dhe 7,wakamba74 ,see also supra1 i4 ch4 xxvi4 ,footnote #aji3 ,cf4 ,tucker1 ,light of ,nature1 ii4 #eii sqq42 ,joubert1 ,penses1 i4 #bdc4 ,,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 comfort1 their liberty1 property1 knowledge of truth1 or self-regarding pride4 ,but the list of duties which we owe to our fellow-creatures is as yet by no means complete4 ,any act1 forbearance1 or omission1 which in some way or other diminishes or increases their happiness may on that account become a subject of moral blame or praise1 being apt to call forth sympathetic retributive emotions4 ,to do good to others is a rule which has been inculcated by all the great teachers of morality4 ,according to ,confucius1 benevolence is the root of righteousness and a leading characteristic of perfect virtue4#a ,in the ,taouist ',book of ,secret ,blessings' men are enjoined to be compassionate and loving1 and to devote their wealth to the good of their fellow-men4#b ,the moralists of ancient ,india teach that we should with our life1 means1 understanding1 and speech1 seek to advance the welfare of other creatures in this world2 that we should do so without expecting reciprocity2 and that we should enjoy the prosperity of others even though ourselves unprosperous4#c ,the writers #aed of classical antiquity repeatedly give expression to the idea that man is not born for himself alone1 but should assist his fellow-men to the best of his ability4#d ,in the ,old ,testament we meet with the injunction1 ,thou shalt love thy neighbour as thyself2#e and this was declared by ,christ to be of equal importance with the commandment1 ,thou shalt love the ,lord thy ,god4#f ,footnote #a3 ,lun ,y1 xvii4 #f4 ,douglas1 ,confucianism and ,taouism1 p4 #ajh4 ,footnote #b3 ,douglas1 op4 cit4 p4 #bgb sq4 ,footnote #c3 ,muir1 ,religious and ,moral ,sentiments rendered from ,sanskrit ,writers1 p4 #ajg sq4 ,monier ,williams1 ,indian ,wisdom1 p4 #ddh4 ,footnote #d3 ,schmidt1 ,die ,ethik der alten ,griechen1 ii4 #bge sqq4 ,footnote #e3 ,leviticus1 xix4 #ah4 ,footnote #f3 ,st4 ,matthew1 xxii4 #ci4 ,to a reflecting mind it is obvious that the moral value of beneficence exclusively lies in the benevolent motive1 and that there is nothing praiseworthy in promoting the happiness of others from selfish considerations4 ,confucius taught that self must be conquered before a man can be perfectly virtuous4#g ,according to ,lao-tsze1 self-abnegation is the cardinal rule for both the sovereign and the people4#h ,self-denial is the chief demand of the ,gospel1 and is emphasised as a supreme duty by ,islam4#i ,generally speaking1 the merit attached to a good action is proportionate to the self-denial which it costs the agent4 ,this follows from the nature of moral approval in its capacity of a retributive emotion1 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 himself4 ,on the other hand1 there is considerable variety of opinion1 even among ourselves1 as to the dictates of duty1 in cases where our own interests conflict with those of our fellow-men4 ,to ,professor ,sidgwick it is a moral axiom that ,i ought not to prefer my own lesser good to the greater good of another4#aj ,according to ,hutcheson1 we do not condemn those as evil who will not sacrifice their private interest to the advancement of the positive good of others1 unless the private interest be very small1 and the publick good very great4#aa ,footnote #g3 ,lun ,y1 xii4 i4 #a4 ,footnote #h3 ,douglas1 ,confucianism and ,taouism1 p4 #aib4 ,footnote #i3 ,ameer ,ali1 ,ethics of ,islm1 p4 #cb4 ,footnote #aj3 ,sidgwick1 ,methods of ,ethics1 p4 #chc4 ,footnote #aa3 ,hutcheson1 ,essay on the ,nature and ,conduct of the ,passions1 c4 p4 #cab4 ,the idea that it is bad to cause harm to others and #aee good or obligatory to promote their happiness1 is in different ways influenced by the relationship between the parties2 and to many cases it does not apply at all4 ,we have previously noticed that according to early ethics an enemy is a proper object of hatred1 not of love2#ab and according to more advanced ideas a person who treats us badly has at all events little claim upon our kindness4 ,the very opposite is the case with a benefactor or friend4 ,to requite a benefit1 or to be grateful to him who bestows it1 is probably everywhere1 at least under certain circumstances1 regarded as a duty4 ,this is a subject which in the present connection calls for special consideration4 ,footnote #ab3 ,supra1 i4 p4 #gc sq4 ,the duty of gratefulness presupposes a disposition for gratitude4#ac ,according to travellers' accounts1 this feeling is lacking in many uncivilised races4#ad ,lyon writes of the ,eskimo of ,igloolik3--,gratitude is not only rare1 but absolutely unknown amongst them1 either by action1 word1 or look1 beyond the first outcry of satisfaction4 ,nursing their sick1 burying the dead1 clothing and feeding the whole tribe1 furnishing the men with weapons1 and the women and children with ornaments1 are insufficient to awaken a grateful feeling1 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 charity4#ae ,various other tribes in #aef ,north ,america have been accused of ingratitude2#af and of some ,south ,american savages we are told that they evinced no thankfulness for the presents which were given them4#ag ,the ,fijians are described as utterly indifferent to their benefactors4 ,the ,rev4 ,th4 ,williams writes3--,if one of them1 when sick1 obtained medicine from me1 he thought me bound to give him food2 the reception of food he considered as giving him a claim on me for covering2 and1 that being secured1 he deemed himself at liberty to beg anything he wanted1 and abuse me if ,i refused his unreasonable request4#ah ,mr4 ,lumholtz had a similar experience with regard to the natives of ,herbert ,river1 ,northern ,queensland3--,if you give one thing to a black man1 he finds ten other things to ask for1 and he is not ashamed to ask for all that you have1 and more too4 ,he is never satisfied4 ,gratitude does not exist in his breast4#ai ,in several languages there is no word expressive of what we term gratitude or no phrase corresponding to our thank you2#bj and on this fact much stress has been #aeg laid1 the deficiency of language being regarded as an indication of a corresponding deficiency in feelings4 ,footnote #ac3 ,for the definition of gratitude1 see supra1 i4 #ic4 ,footnote #ad3 ,steller1 ,beschreibung von ,kamischatka1 p4 #bib4 ,bergmann1 ,nomadische ,streifereien unter den ,kalmken1 ii4 #caj1 #caf4 ,foreman1 ,philippine ,islands1 p4 #ahc4 ,modigliani1 ,viaggio a ,nas1 p4 #dfg4 ,selenka1 ,sonnige ,welten1 p4 #bhf 7,malays74 ,marsden1 ,history of ,sumatra1 p4 #bjg 7,malays of ,sumatra74 ,forbes1 ,a ,naturalist's ,wanderings in the ,eastern ,archipelago1 p4 #cbj 7natives of ,timor-laut74 ,mrs4 ,forbes1 ,insulinde1 p4 #agh 7natives of ,ritabel74 ,hagen1 ,unter den ,papua's1 p4 #bff 7,papuans of ,bogadjim74 ,romilly1 ,western ,pacific and ,new ,guinea1 p4 #bci4 ,la ,prouse1 ,voyage round the ,world1 ii4 #aji 7,samoans74 ,colenso1 ,maori ,races of ,new ,zealand1 p4 #dh2 ,dieffenbach1 ,travels in ,new ,zealand1 ii4 #aaj4 ,ling ,roth1 ,aborigines of ,tasmania1 p4 #fc4 ,gason1 ',manners and ,customs of the ,dieyerie ,tribe1' in ,woods1 ,native ,tribes of ,south ,australia1 p4 #beh4 ,baker1 ,albert ,n'yanza1 i4 #bdb 7,latukas71 #bhi 7,negroes71 von ,franois1 ,nama und ,damara1 p4 #aia 7,herero74 ,footnote #ae3 ,lyon1 ,private ,journal during the ,voyage of ,discovery under ,captain ,parry1 p4 #cdh sq4 ,see also ,parry1 ,journal of a ,second ,voyage for the ,discovery of a ,north-,west ,passage1 p4 #ebd sq4 ,footnote #af3 ,cranz1 ,history of ,greenland1 i4 #agd4 ,sarytschew1 ',voyage of ,discovery to the ,north-,east of ,siberia1' in ,collection of ,modern ,voyages1 vi4 #gh 7,aleuts74 ,harmon1 ,voyages and ,travels in the ,interior of ,north ,america1 p4 #bia 7,tacullies74 ,heriot1 ,travels through the ,canadas1 p4 #cai4 ,lafitau1 ,moeurs des sauvages ameriquains1 i4 #ajf4 ,burton1 ,city of the ,saints1 p4 #abe 7,sioux and prairie tribes generally74 ,footnote #ag3 von ,spix and von ,martius1 ,travels in ,brazil1 ii4 #bbh1 #bda sq4 7,coroados74 ,stokes1 quoted by ,king and ,fitzroy1 ,voyages of the ',adventure' and ',beagle1' i4 #gg 7,fuegians74 ,footnote #ah3 ,williams and ,calvert1 ,fiji1 p4 #aaa4 ,see also ,anderson1 ,notes of ,travel in ,fiji and ,new ,caledonia1 pp4 #abd1 #aca4 ,footnote #ai3 ,lumholtz1 ,among ,cannibals1 p4 #ajj4 ,footnote #bj3 ,southey1 ,history of ,brazil1 iii4 #cii 7,abipones1 ,guaranies74 ,hearne1 ,journey to the ,northern ,ocean1 p4 #cjg 7,northern ,indians74 ,lewin1 ,wild ,races of ,south-,eastern ,india1 p4 #aib 7,toungtha74 ,foreman1 op4 cit4 p4 #ahb sq4 7,bisayans74 ,modigliani1 ,viaggio a ,nas1 p4 #dfg4 ,ling ,roth1 ,natives of ,sarawak1 i4 #gd 7,dyaks74 ,chalmers1 ,pioneering in ,new ,guinea1 p4 #ahg2 ,romilly1 ,western ,pacific and ,new ,guinea1 p4 #bci sq4 7,however1 ,mr ,romilly's statement that in all the known ,new ,guinea languages there is not even a word for 'thank you1' is not quite correct1 as appears from ,chalmers op4 cit4 p4 #ahg47 ,wilson1 ,missionary ,voyage to the ,southern ,pacific ,ocean1 p4 #cfe2 ,waitz-,gerland1 ,anthropologie der ,naturvlker1 vi4 #aaf 7,tahitians74 ,colenso1 op4 cit4 p4 #dh 7,maoris74 ,new1 ,life and ,labours in ,eastern ,africa1 p4 #ajj 7,wanika74 von ,franois1 op4 cit4 p4 #aia 7,herero74 ,in the ,vedic language1 also1 there was no word for thanks 7,oldenberg1 ,die ,religion des ,veda1 p4 #cje72 and many ,eastern languages of the present day lack an equivalent for thank you 7,ward1 ,view of the ,history1 c4 of the ,hindoos1 ii4 #ha1 n4 a42 ,pool1 ,studies in ,muhammedanism1 p4 #agf2 ,polak1 ,persien1 i4 #i74 ,when one of the missionaries in ,india was engaged in the translation of the ,scriptures into ,bengali1 he found no common word in that language suitable to express the idea of gratitude 7,wilkins1 ,modern ,hinduism1 p4 #cig74 ,here again we must distinguish between a traveller's actual experience and the conclusions which he draws from it2 and it seems that in many cases our authorities have been too ready to charge savages with a total lack of grateful feelings1 because they have been wanting in gratitude on certain occasions4 ,it is too much to expect that a savage should show himself thankful to any stranger who gives him a present4 ,speaking of the ,ahts of ,british ,columbia1 ,mr ,sproat remarks that the ,indian's suspicion prevents a ready gratitude1 as he is prone to see1 in apparent kindness extended to him1 some under-current of selfish motive4 ,he is accustomed1 among his own people1 to gifts made for purposes of guile1 and also to presents made merely to show the greatness and richness of the giver2 but1 ,i imagine1 our author adds1 when the ,aht ceases to suspect such motives--when he does not detect pride1 craft1 or carelessness--he is grateful1 and probably grateful in proportion to the trouble taken to serve him4#ba ,as for the ingratitude of the ,northern ,queensland natives1 ,mr4 ,lumholtz himself admits that they assume that the gift is bestowed out of fear2#bb 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 kindness1 or gave anything1 to another1 without mainly having an eye to himself in the transaction4#bc ,moreover1 gratitude often requires not only the absence of a selfish motive in the benefactor1 but some degree of self-sacrifice4 ,a person1 says ,mr4 ,sproat1 may keep an ,indian from starving all the winter through1 yet1 when summer comes1 very likely he will not walk a yard for his preserver without payment4 ,the savage does not1 in this instance1 #aeh recognise any obligation2 but thinks that a person who had so much more than he could himself consume might well1 and without any claim for after services1 part with some of it for the advantage of another in want4#bd ,mr4 ,powers makes a similar observation with reference to the aborigines of ,california3--,white men1 he says1 who have had dealings with ,indians1 in conversation with me have often bitterly accused them of ingratitude4 ',do everything in your power for an ,indian1' they say1 'and he will accept it all as a matter of course2 but for the slightest service you require of him he will demand pay4' ,these men do not enter into the ,indian's ideas4 ,this 'ingratitude' is really an unconscious compliment to our power4 ,the savage feels1 vaguely1 the unapproachable elevation on which the ,american stands above him4 ,he feels that we had much and he had little1 and we took away from him even his little4 ,in his view giving does not impoverish us1 nor withholding enrich us4 ,gratitude is a sentiment not in place between master and slave2 it is a sentiment for equals4 ,the ,indians are grateful to one another4#be ,nor are men very apt to feel grateful for benefits to which they consider themselves to have a right4 ,thus1 according to ,mr4 ,howitt1 the want of gratitude among the ,south ,australian ,kurnai for kindnesses shown them by the whites is due to the principle of community1 which is so strong a feature of the domestic and social life of these aborigines4 ,for a supply of food1 or for nursing when sick1 the ,kurnai would not feel grateful to his family group4 ,there would be a common obligation upon all to share food1 and to afford personal aid and succour4 ,this principle would also come into play as regards the simple personal property they possess1 and would extend to the before-unknown articles procured from the whites4 ,the food1 the clothes1 the medical attendance which the ,kurnai receive from the whites1 they take in the accustomed manner2 and1 in addition to #aei this1 we must remember that the donors are regarded as having unlimited resources4 ,they cannot be supposed by the ,kurnai to be doing anything but giving out of their abundance4#bf ,mr4 ,guppy found the same principle at work among the ,solomon ,islanders3--,often when during my excursions ,i have come upon some man who was preparing a meal for himself and his family1 ,i have been surprised at the open-handed way in which he dispensed the food to my party of hungry natives4 ,no gratitude was shown towards the giver1 who apparently expected none4#bg ,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 generosity1 and from the prevailing opinion that these virtues are absolute duties which it would be disgraceful and sinful to neglect4#bh ,footnote #ba3 ,sproat1 ,scenes and ,studies of ,savage ,life1 p4 #afe sq4 ,footnote #bb3 ,lumholtz1 ,among ,cannibals1 p4 #aei4 ,footnote #bc3 ,colenso1 op4 cit4 p4 #dh4 ,footnote #bd3 ,sproat1 op4 cit4 p4 #afe sq4 ,footnote #be3 ,powers1 ,tribes of ,california1 p4 #daa4 ,footnote #bf3 ,fison and ,howitt1 ,kamilaroi and ,kurnai1 p4 #beg4 ,footnote #bg3 ,guppy1 ,solomon ,islands1 p4 #abg4 ,footnote #bh3 ,lane1 ,manners and ,customs of the ,modern ,egyptians1 p4 #bih4 ,see also ,burton1 ,pilgrimage to ,al-,madinah and ,meccah1 i4 #ea4 ,we should further remember that savages often take care not to display their emotions4 ,among the ,melanesians1 according to ,dr4 ,codrington1 it is not the custom to say anything by way of thanks2 it is rather improper to show emotion when anything is given1 or when friends meet again2 silence with the eyes cast down is the sign of the inward trembling or shyness which they feel1 or think they ought to feel1 under these circumstances4 ,there is no lack of a word which may be fairly translated 'thank'2 and certainly no one who has given cause for it will say that ,melanesians have no gratitude2 others probably are ready enough to say it4#bi ,of the ,north ,american ,chippewas ,major ,strickland writes3--,if an ,indian makes a present1 it is always expected that one equally valuable should be given in return4 ,no matter what you give them1 or how valuable or rich the present1 they seldom betray the least emotion or appearance of gratitude1 it being considered beneath the dignity of a red man to betray his feelings4 ,for all this seeming indifference1 #afj they are in reality as grateful1 and1 ,i believe1 even more so than our own peasantry4#cj ,the ,aleuts also1 although they are chary of expressions of thanks1 do not forget kindness1 and endeavour to express their thankfulness by deeds4 ,if anyone assists an ,aleut1 and afterwards offends him1 he does not forget the former favour1 and in his mind it often cancels the offence4#ca ,from the want of a word for a feeling we must not conclude that the feeling itself is wanting4 ,mr4 ,sproat observes3--,the ,ahts have1 it is true1 no word for gratitude1 but a defect in language does not absolutely imply defect in heart2 and the ,indian who1 in return for a benefit received1 says1 with glistening eyes1 that his heart is good towards his benefactor1 expresses his gratitude quite as well perhaps as the ,english man who says ',thank you4'#cb ,footnote #bi3 ,codrington1 ,melanesians1 p4 #ced4 ,footnote #cj3 ,strickland1 ,twenty-seven ,years in ,canada ,west1 ii4 #eh4 ,footnote #ca3 ,veniaminof1 quoted by ,dall1 ,alaska1 p4 #cie4 ,footnote #cb3 ,sproat1 op4 cit4 p4 #afe4 ,see also ,ling ,roth1 ,natives of ,sarawak1 i4 #gd 7,dyaks74 ,it is not surprising1 then1 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 feeling2#cc and sometimes contradictory statements are made even by the same writer4 ,thus ,mr4 ,lumholtz1 who gives such a gloomy picture of the character of the ,northern ,queensland natives1 nevertheless tells us of a native who1 though himself very hungry1 threw the animals which the traveller had shot for him to an old man--his wife's uncle--whom they met1 in order to give some proof of the gratitude he owed the person from whom he had received his wife2#cd and regarding the ,fijians ,mr4 ,williams himself states that thanks for presents are always expressed aloud1 and generally with a kind wish for the giver4#ce ,as we have noticed before1 retributive kindly emotions1 of which gratitude is only the most developed form1 are commonly found among gregarious animals1 social affection being not only a friendly #afa sentiment towards another individual1 but towards an individual who is conceived of as a friend4#cf ,and it is all the more difficult to believe in the absolute want of gratitude in some savage races1 as the majority of them--to judge from my collection of facts--are expressly acquitted of such a defect1 and several are described as remarkably grateful for benefits bestowed upon them4 ,footnote #cc3 ,e4g41 the ,fuegians1 ,sioux1 ,ahts1 ,aleuts1 ,kamchadales1 ,tasmanians1 ,zulus 7see supra and infra74 ,footnote #cd3 ,lumholtz1 ,among ,cannibals1 p4 #bba4 ,footnote #ce3 ,williams and ,calvert1 op4 cit4 p4 #acb4 ,footnote #cf3 ,supra1 i4 #id4 ,the ,fuegians use the word chapakouta1 which means glad1 satisfied1 affectionate1 grateful1 to express thanks4#cg ,jemmy ,button1 the young ,fuegian who was brought to ,england on board the ,beagle1 gave proofs of sincere gratitude2#ch and ,admiral ,fitzroy also mentions a ,patagonian boy who appeared thankful for kindness shown to him4#ci ,of the ,mapuchs of ,chili ,mr4 ,e4 ,r4 ,smith observes3--,whatever present is made1 or favour conferred1 is considered as something to be returned2 and the ,indian never fails1 though months and years may intervene1 to repay what he conscientiously thinks an exact equivalent for the thing received4#dj ,the ,botocudos do not readily forget kind treatment2#da and the ,tupis were a grateful race1 and remembered that they had received gifts1 after the giver had forgotten it4#db ,the ,guiana ,indians are grateful for any kindness4#dc ,the ,navahos of ,new ,mexico have a word for thanks1 and employ it on all occasions which we would consider appropriate4#dd ,the ,sioux evinced the warmest gratitude to any who had ever displayed kind feelings towards them4#de ,in his ',voyages from ,montreal to the ,frozen and ,pacific ,oceans1' ,mackenzie mentions the gratitude shown him by a young ,indian whom he had cured of a bad wound4 ,when well enough to engage in a hunting party1 the young man brought to his physician the tongue of an elk1 and when they parted both he and his relatives expressed the heartiest acknowledgment for the care bestowed on him4#df ,if an ,aleut receives a gift he accepts it1 saying ,akh6 which means thanks4#dg ,some of the ,point ,barrow ,eskimo visited by ,mr4 ,murdoch seem to feel truly #afb grateful for the benefits and gifts received1 and endeavoured by their general behaviour1 as well as in more substantial ways1 to make some adequate return2 whereas others appeared to think only of what they might receive4#dh ,footnote #cg3 ,hyades and ,deniker1 ,mission scientifique du ,cap ,horn1 vii4 #cad4 ,footnote #ch3 ,king and ,fitzroy1 op4 cit4 ii4 #cbg4 ,footnote #ci3 ,ibid4 ii4 #agc4 ,footnote #dj3 ,smith1 ,araucanians1 p4 #beh4 ,footnote #da3 ,wied-,neuwied1 ,reise nach ,brasilien1 ii4 #af4 ,footnote #db3 ,southey1 op4 cit4 i4 #bdg4 ,footnote #dc3 ,im ,thurn1 ,among the ,indians of ,guiana1 p4 #bac4 ,footnote #dd3 ,matthews1 ',study of ,ethics among the ,lower ,races1' in ,journal of ,american ,folk-,lore1 xii4 #i4 ,footnote #de3 ,eastman1 ,dacotah1 p4 ix4 ,footnote #df3 ,mackenzie1 ,voyages from ,montreal to the ,frozen and ,pacific ,oceans1 p4 #acg sq4 ,footnote #dg3 ,veniaminof1 quoted by ,dall1 op4 cit4 p4 #cie4 ,footnote #dh3 ,murdoch1 ',ethnol4 ,results of the ,point ,barrow ,expedition1' in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #db4 ,see also ,seemann1 ,voyage of ',herald1' ii4 #fg 7,western ,eskimo74 ,of the ,tunguses it is said1 ,if you make them a present1 they hardly thank you2 but though so unpolite1 they are exceedingly grateful4#di ,the ,jakuts never forget a benefit received2 for they not only make restitution1 but recommend to their offspring the ties of friendship and gratitude to their benefactors4#ej ,the ,veddah of ,ceylon is described as very grateful for attention or assistance4#ea ,a little kindly sympathy makes him an attached friend1 and for his friend 4 4 4 4 he will readily give his life4#eb ,mr4 ,bennett once had an interview with two village ,veddahs1 and on that occasion gave them presents4 ,two months after a couple of elephant's tusks found their way into his front verandah at night1 but the ,veddahs who had brought them never gave him an opportunity to reward them4 ,what a lesson in gratitude and delicacy1 he exclaims1 even a ,veddah may teach6#ec ,footnote #di3 ,georgi1 ,russia1 iii4 #aaa4 ,footnote #ej3 ,sauer1 ,expedition to the ,northern ,parts of ,russia1 performed by ,billings1 p4 #abd4 ,footnote #ea3 ,tennent1 ,ceylon1 ii4 #dde4 ,sarasin1 ,forschungen auf ,ceylon1 iii4 #edf4 ,footnote #eb3 ,nevill1 ',vaeddas of ,ceylon1' in ,taprobanian1 i4 #aib4 ,footnote #ec3 ,pridham1 ,account of ,ceylon1 i4 #dfj sq4 ,the ,alfura of ,halmahera1#ed the ,bataks of ,sumatra1#ee and the ,dyaks of ,borneo#ef are praised for their grateful disposition of mind4 ,of the ,hill ,dyaks ,mr4 ,low observes that gratitude eminently adorns the character of these simple people1 and the smallest benefit conferred upon them calls forth its vigorous and continued exercise4#eg ,the ,motu people of ,new ,guinea are capable of appreciating kindness1#eh and have words for expressing thanks4#ei ,chamisso speaks highly of the gratitude evinced by the natives of ,ulea1 ,caroline ,islands3--,any thing1 a useful instrument1 for example1 which they have received as a gift from a friend1 retains and bears among them as a lasting memorial the name of the friend who bestowed it4#fj ,when ,professor ,moseley at ,dentrecasteaux ,island1 of the ,admiralty ,group1 gave a hatchet as pay to his guide1 according #afc to promise1 the guide seemed grateful1 and presented him with his own shell adze in return4#fa ,though the ,tahitians never return thanks nor seem to have a word in their language expressive of gratitude1 they are not devoid of the feeling itself4#fb ,backhouse tells us of a ,tasmanian native who1 having been nursed through an illness1 showed many demonstrations of gratitude2 and he adds that this virtue was often exhibited among these people--a statement which is corroborated by the accounts of other travellers4#fc ,of the ,australian aborigines ,mr4 ,ridley writes3--,i believe they are as a people remarkably susceptible of impressions from kind treatment4 ,they recognised me as one who sought their good1 and were evidently pleased and thankful to see that ,i thought them worth looking after4#fd ,the ,adelaide and ,encounter ,bay blacks are said to display attachment to persons who are kind to them4#fe ,speaking of the ,central ,australian tribes1 ,messrs4 ,spencer and ,gillen observe that1 though they are not in the habit of showing anything like excessive gratitude on receiving gifts from the white man1 they are in reality by no means incapable of that feeling2#ff and other writers report instances of gratitude displayed by natives of ,west ,australia#fg and ,queensland4#fh ,footnote #ed3 ,kkenthal1 ,forschungsreise in den ,molukken und ,borneo1 i4 #ahh4 ,footnote #ee3 ,junghuhn1 ,die ,battalnder auf ,sumatra1 ii4 #bci4 ,footnote #ef3 ,ling ,roth1 ,natives of ,sarawak1 i4 #gd1 #gf4 ,footnote #eg3 ,low1 ,sarawak1 p4 #bdf4 ,footnote #eh3 ,stone1 ,a ,few ,months in ,new ,guinea1 p4 #ie4 ,footnote #ei3 ,chalmers1 ,pioneering in ,new ,guinea1 p4 #ahg4 ,footnote #fj3 von ,kotzebue1 ,voyage of ,discovery into the ,south ,sea1 iii4 #bad4 ,footnote #fa3 ,moseley1 ',inhabitants of the ,admiralty ,islands1' in ,jour4 ,anthr4 ,inst4 vi4 #daf4 ,footnote #fb3 ,waitz-,gerland1 op4 cit4 vi4 #aaf4 ,footnote #fc3 ,ling ,roth1 ,aborigines of ,tasmania1 pp4 #dg1 #fb1 #fd4 ,footnote #fd3 ,ridley1 ,aborigines of ,australia1 p4 #bd4 ,see also ibid4 p4 #bj sqq4 ,footnote #fe3 ,wyatt1 ',manners and ,superstitions of the ,adelaide and ,encounter ,bay ,aboriginal ,tribes1' in ,woods1 ,native ,tribes of ,south ,australia1 p4 #afb4 ,footnote #ff3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #dh sqq4 ,footnote #fg3 ,salvado1 ,mmoires historiques sur l',australie1 p4 #adf4 ,footnote #fh3 ,fraser1 ,aborigines of ,new ,south ,wales1 p4 #dd4 ,concerning the people of ,madagascar the missionary ,ellis writes3--,whether the noble and generous feeling of gratitude has much place amongst the ,malagasy has been questioned4 ,though often characterised by extreme apathy1 they are certainly susceptible of tenderness of feeling1 and their customs furnish various modes of testifying their sense of any acts of kindness shewn them1 and their language contains many forms of speech expressive of thankfulness4 ,the following are among those in most general use3 ',may you live to grow old--may you live long--may you live sacred--may you see1 or obtain1 justice from the sovereign4' ,moreover1 with all their expressions of thankfulness1 considerable action is used3 sometimes the two hands are extended open as if to make a present2 or the party stoops down to the ground1 and clasps the legs1 or touches the knee and the feet of the person he is thanking4#fi ,ingratitude1 #afd again1 is expressed by many strong metaphors1 such as son of a thunderbolt1 or offspring of a wild boar4#gj ,the ,bushmans1 according to ,burchell1 are not incapable of gratitude4#ga ,the statement made by certain travellers or colonists that the ,zulus are devoid of this feeling1 is contradicted by ,mr4 ,tyler1 who asserts that many instances might be related in which a thankful spirit has been manifested1 and gifts bestowed for favours received4#gb ,the ,basutos have words to express gratitude4#gc ,among the ,bakongo1 says ,mr4 ,ward1 evidences of gratitude are rare indeed1 although occasionally one meets with this sentiment in odd guises4 ,once1 by a happy chance1 ,i saved a baby's life4 ,the child was brought to me by its mother in convulsions1 and ,i was fortunate enough to find in my medicine chest a drug that effected an almost immediate cure4 ,yet the service ,i rendered to this woman1 instead of meeting with any appreciation1 only procured for me the whispered reputation of being a witch4 ,but twenty months afterwards1 at midnight when all the people were sleeping1 the same woman came to ,mr4 ,ward and gave him some fowl's eggs in payment4 ,i come1 she said1 in the darkness that my people may not know1 for they would jeer at me if they knew of this gift4#gd ,a traveller tells us that the inhabitants of ,great ,benin if given any trifles expressed their thanks4#ge ,writing on the natives of ,accra1 ,monrad states that gratitude is among the virtues of the ,negroes1 and induces them even to give their lives in return for benefits conferred on them4#gf ,the ,feloops1 bordering on the ,gambia1 display the utmost gratitude and affection towards their benefactors4#gg ,as regards the ,eastern ,central ,africans1 ,mr4 ,macdonald affirms without any hesitation that they have gratitude1 even though we define gratitude as being much more than an 'acute sense of favours to come4'#gh ,the ,masai and ,wadshagga have a curious habit of spitting on things or people as a compliment or sign of gratitude#gi--originally1 ,i presume1 with a view to transferring to them a blessing4 ,the ,barea are said to be thankful for benefits4#hj ,according to ,palgrave1 gratitude is no #afe less an ,arab than a ,european virtue1 whatever the ignorance or the prejudices of some foreigners may have affirmed to the contrary2#ha and ,burckhardt says that an ,arab never forgets the generosity shown to him even by an enemy4#hb ,footnote #fi3 ,ellis1 ,history of ,madagascar1 i4 #beh4 ,see also ,rochon1 ,voyage to ,madagascar1 p4 #ef4 ,footnote #gj3 ,ellis1 op4 cit4 i4 #aci sq4 ,footnote #ga3 ,burchell1 ,travels in the ,interior of ,southern ,africa1 ii4 #fh1 #hf1 #ddg4 ,footnote #gb3 ,tyler1 ,forty ,years among the ,zulus1 p4 #aid4 ,footnote #gc3 ,casalis1 ,basutos1 p4 #cjf4 ,footnote #gd3 ,ward1 ,five ,years with the ,congo ,cannibals1 p4 #dg sqq4 ,footnote #ge3 ,punch1 quoted by ,ling ,roth1 ,great ,benin1 p4 #de4 ,footnote #gf3 ,monrad1 ,skildring af ,guinea-,kysten1 p4 #h4 ,footnote #gg3 ,mungo ,park1 ,travels in the ,interior of ,africa1 p4 #ad4 ,footnote #gh3 ,macdonald1 ,africana1 i4 #aj4 ,footnote #gi3 ,johnston1 ,kilima-njaro ,expedition1 p4 #dch4 ,footnote #hj3 ,munzinger1 ,ostafrikanische ,studien1 p4 #ecc4 ,footnote #ha3 ,palgrave1 quoted in ,spencer's ,descriptive ,sociology1 ',asiatic ,races1' p4 #ca4 ,footnote #hb3 ,burckhardt1 ,notes on the ,bedouins and ,wahbys1 p4 #aje4 ,in other statements gratitude is directly represented as an object of praise1 or its absence as an object of disapproval4 ,among the ,atkha ,aleuts1 according to ,father ,yakof1 gratitude to benefactors was considered a virtue4#hc ,among the ,omahas1 if a man receives a favour and does not manifest his thankfulness1 the people exclaim3--,he does not appreciate the gift6 ,he has no manners4#hd ,the ,kamchadales are not only grateful for favours1 but they think it absolutely necessary to make some return for a present4#he ,the ,chinese say that kindness is more binding than a loan4#hf ,according to the ',divine ,panorama1' a well-known ,taouist work1 those who forget kindness and are guilty of ingratitude shall be tormented after death and shall not escape one jot of their punishments4#hg ,in one of the ,pahlavi texts gratitude is represented as a means of arriving at heaven1 whilst ingratitude is stigmatised as a heinous sin2#hh and according to ,ammian ungrateful persons were even punished by law in ancient ,persia4#hi ,the same1 we are told1 was the case in ,macedonia4#ij ,the duty of gratitude was strongly inculcated by ,greek and ,roman moralists4#ia ,aristotle observes that we ought1 as a general rule1 rather to return a kindness to our benefactor than to confer a gratuitous favour upon a brother in arms1 just as we ought rather to repay a loan to a creditor than to spend the same sum upon a present to a friend4#ib ,according to #aff ,xenophon the requital of benefits is enjoined by a divine law4#ic ,there is no duty more indispensable than that of returning a kindness1 says ,cicero2 all men detest one forgetful of a benefit4#id ,seneca calls ingratitude a most odious vice1 which it is difficult to punish by law1 but which we refer for judgment to the gods4#ie ,the ancient ,scandinavians considered it dishonourable for a man to kill even an enemy in blood-revenge if he had received a benefit from him4#if ,footnote #hc3 ,yakof1 quoted by ,petroff1 ,report on the ,population1 c4 of ,alaska1 p4 #aeh4 ,footnote #hd3 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #bgj4 ,footnote #he3 ,dobell1 ,travels in ,kamtschatka1 i4 #ge4 ,footnote #hf3 ,davis1 ,china1 ii4 #abc4 ,footnote #hg3 ,giles1 ,strange ,stories from a ,chinese ,studio1 ii4 #cgd sq4 ,see also ,thi-,shang1 #d4 ,footnote #hh3 ,dn- ,mang- ,khirad1 xxxvi4 #bh2 xxxvii4 #f2 xliii4 #i4 ,footnote #hi3 ,ammianus ,marcellinus1 xxiii4 #f4 #ha4 ,footnote #ij3 ,seneca1 ,de beneficiis1 iii4 #f4 #b4 ,footnote #ia3 ,see ,schmidt1 ,die ,ethik der alten ,griechen1 ii4 #cje sqq4 ,footnote #ib3 ,aristotle1 ,ethica ,nicomachea1 x4 #b4 #c4 ,footnote #ic3 ,xenophon1 ,memorabilia1 iv4 #d4 #bd4 ,footnote #id3 ,cicero1 ,de officiis1 i4 #ae 7#dg72 ii4 #ah 7#fc74 ,footnote #ie3 ,seneca1 ,de beneficiis1 iii4 #f4 #a sq4 ,footnote #if3 ,maurer1 ,die ,bekehrung des ,norwegischen ,stammes1 ii4 #agd4 ,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 wrong4 ,such behaviour is offensive to the benefactor2 as ,spinoza observes1 he who has conferred a benefit on anyone from motives of love or honour will feel pain1 if he sees that the benefit is received without gratitude4#ig ,this by itself tends to evoke in the bystander sympathetic resentment towards the offender2 but his resentment is much increased by the retributive kindliness which he is apt to feel1 sympathetically1 towards the benefactor4 ,he wants to see the latter's kindness rewarded2 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 else99994 ,footnote #ig3 ,spinoza1 ,ethica1 iii4 #db4 ,a ,japanese proverb says that thankless labour brings fatigue 7,reed1 ,japan1 ii4 #aji74 ,the moral ideas concerning conduct which affects other persons' welfare vary according as the parties are members of the same or different families1 or of the same or different communities4 ,for reasons which have been stated in previous chapters parents have in this respect special duties towards their children1 and children towards their parents2 and a tribesman or a fellow-countryman has claims which are not shared by a foreigner4 ,but there are duties not only to particular individuals1 but also to #afg whole social aggregates4 ,foremost among these is the duty of patriotism4 ,the duty of patriotism is rooted in the patriotic sentiment1 in a person's love of the social body of which he is himself a member1 and which is attached to the territory he calls his country4 ,it involves a desire to promote its welfare1 a wish that it may prosper for the time being and for all future4 ,this desire is the outcome of a variety of sentiments3 of men's affection for the people among whom they live1 of attachment to the places where they have grown up or spent part of their lives1 of devotion to their race and language1 and to the traditions1 customs1 laws1 and institutions of the society in which they were born and to which they belong4 ,genuine patriotism presupposes a power of abstraction which the lower savages can hardly be supposed to possess4 ,but it seems to be far from unknown among uncultured peoples of a higher type4 ,north ,american ,indians are praised for their truly patriotic spirit1 for their strong attachment to their tribe and their country4#ih ,carver says of the ,naudowessies3--,the honour of their tribe1 and the welfare of their nation1 is the first and most predominant emotion of their hearts2 and from hence proceed in a great measure all their virtues and their vices4 ,actuated by this1 they brave every danger1 endure the most exquisite torments1 and expire triumphing in their fortitude1 not as a personal qualification1 but as a national characteristic4#ii ,patriotism and public spirit were often strongly manifested by the ,tahitians4#ajj ,the ,maori loves his country and the rights of his ancestors1 and he will fight for his children's land4#aja ,of the ,guanches of ,teneriffe we are told that patriotism was #afh their chief virtue4#ajb ,the same quality distinguishes the ,yorubas of ,west ,africa2 no race of men1 says ,mr4 ,mac,gregor1 could be more devoted to their country4#ajc ,burckhardt writes3--,as to the attachment which a ,bedouin entertains for his own tribe1 the deep-felt interest he takes in its power and fame1 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 nation2 and it is with an exulting pride of conscious patriotism1 not inferior to any which ennobled the history of ,grecian or ,helvetian republics1 that an ,aeneze1 should he be suddenly attacked1 seizes his lance1 and waving it over his head exclaims1 ',i am an ,aeneze4'#ajd ,footnote #ih3 ,adair1 ,history of the ,american ,indians1 p4 #cgh sq4 ,heriot1 ,travels through the ,canadas1 p4 #cag4 ,loskiel1 ,history of the ,mission of the ,united ,brethren among the ,indians1 i4 #ag 7,iroquois74 ,footnote #ii3 ,carver1 ,travels through the ,interior ,parts of ,north ,america1 p4 #dab4 ,footnote #ajj3 ,ellis1 ,polynesian ,researches1 i4 #abh4 ,footnote #aja3 ,angas1 ,savage ,life and ,scenes in ,australia and ,new ,zealand1 i4 #cch4 ,see also ,travers1 ',life and ,times of ,te ,rauparaha1' in ,trans4 and ,proceed4 ,new ,zealand ,institute1 v4 #bb4 ,footnote #ajb3 ,bory de ,st4 ,vincent1 ,essais sur les ,isles ,fortunes1 p4 #gj4 ,footnote #ajc3 ,mac,gregor1 ',lagos1 ,abeokuta1 and the ,alake1' in ,jour4 ,african ,soc4 #aijd1 p4 #dff4 ,footnote #ajd3 ,burckhardt1 ,notes on the ,bedouins and ,wahbys1 p4 #bje4 ,many of the elements out of which patriotism proper has grown are clearly distinguishable among savages1 even the very lowest4 ,we have previously noticed the savage's attachment to members of his own community or tribe4 ,combined with this is his love of his native place1 and of the mode of life to which he is habituated4 ,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 he1 after being removed to ,paris1 was once taken back to the country1 to the vale of ,montmorence4 ,joy was painted in his eyes1 in all the motions and postures of his body1 at the view of the hills and the woods of the charming valley2 he appeared more than ever restless and savage1 and in spite of the most assiduous attention that was paid to his wishes1 and the most affectionate regard that was expressed for him1 he seemed to be occupied only with an anxious desire of taking his flight4#aje ,how much greater must not the love of home be in him who has there his relatives and friends6 ,mr4 ,howitt tells us of #afi an ,australian native who1 on leaving his camp with him for a trip of about a week1 burst into tears1 saying to himself once and again1 ,my country1 my people1 ,i shall not see them4#ajf ,the ,veddahs of ,ceylon would exchange their wild forest life for none other1 and it was with the utmost difficulty that they could be induced to quit even for a short time their favourite solitude4#ajg ,the ,stins of ,cambodia are so strongly attached to their forests and mountains that to leave them seems almost like death4#ajh ,solomon ,islanders not seldom die from home-sickness on their way to the ,fiji or ,queensland plantations4#aji ,the ,hovas of ,madagascar1 when setting out on a journey1 often take with them a small portion of their native earth1 on which they gaze during their absence1 invoking their god that they may be permitted to return to restore it to the place from which it was taken4#aaj ,mr4 ,crawfurd observes that in the ,malay ,archipelago the attachment to the native spot is strongest with the agricultural tribes2#aaa but1 though a settled life is naturally most favourable to its development1 this feeling is not inconsistent with nomadism4 ,the ,nishinam1 who are the most nomadic of all the ,californian tribes1 have very great attachment for the valley or flat which they count their home4#aab ,footnote #aje3 ,itard1 ,account of the ,discovery and ,education of a ,savage ,man1 p4 #gj sqq4 ,footnote #ajf3 ,brough ,smyth1 ,aborigines of ,victoria1 ii4 #cje4 ,footnote #ajg3 ,hartshorne1 ',weddas1' in ,indian ,antiquary1 viii4 #cag4 ,footnote #ajh3 ,mouhot1 ,travels in the ,central ,parts of ,indo-,china1 i4 #bdc4 ,footnote #aji3 ,guppy1 op4 cit4 p4 #afg4 ,footnote #aaj3 ,ellis1 ,history of ,madagascar1 i4 #ada4 ,footnote #aaa3 ,crawfurd1 ,history of the ,indian ,archipelago1 i4 #hd4 ,footnote #aab3 ,powers1 op4 cit4 p4 #cah sq4 ,for other instances of love of home among uncivilised races see von ,spix and von ,martius1 op4 cit4 ii4 #bdb1 note 7,coroados72 von ,kotzebue1 op4 cit4 iii4 #de 7,indians of ,california72 ,gibbs1 ,tribes of ,western ,washington and ,north-,western ,oregon1 p4 #ahg2 ,elliott1 ,report of the ,seal ,islands of ,alaska1 p4 #bdj2 ,hooper1 ,ten ,months among the ,tents of the ,tuski1 p4 #bji2 von ,siebold1 ,aino auf der ,insel ,yesso1 p4 #aa2 ,mallat1 ,les ,philippines1 ii4 #ie 7,negritos72 von ,brenner1 ,besuch bei den ,kannibalen ,sumatras1 p4 #aid 7,bataks72 ,earl1 ,papuans1 p4 #abf 7natives of ,rotti1 near ,timor72 ,ling ,roth1 ,aborigines of ,tasmania1 p4 #df2 ,dieffenbach1 ,travels in ,new ,zealand1 ii4 #agd2 ,cumming1 ,in the ,himalayas1 p4 #djd 7,paharis72 ,lane1 ,manners and ,customs of the ,modern ,egyptians1 p4 #cjb 7,bedawees72 ,tristram1 ,great ,sahara1 p4 #aic sq4 7,beni ,m'zab72 ,burton1 ,zanzibar1 ii4 #if 7,wanika72 ,emin ,pasha in ,central ,africa1 p4 #cae 7,monbuttu72 ,andersson1 ,lake ,ngami1 p4 #aih 7,ovambo72 ,rowley1 ,africa ,unveiled1 p4 #fc sq4 7,kroos of the ,grain ,coast below ,liberia72 ,price1 ',quissama ,tribe1' in ,jour4 ,anthr4 ,inst4 i4 #ahg4 #agj ,moreover1 as we have noticed above1 savages have the greatest regard for their native customs and institutions4#aac ,many of them have displayed that love of national independence which gives to patriotism its highest fervour4#aad ,and among some uncivilised peoples1 at least1 the force of racial and linguistic unity shows itself even outside the social or political unit4 ,burckhardt observes that the ,bedouins are not only solicitous for the honour of their own respective tribes1 but consider the interests of all other tribes as more or less attached to their own1 and frequently evince a general esprit de corps1 lamenting the losses of any of their tribes occasioned by attacks from settlers or foreign troops1 even though at war with those tribes4#aae ,a ,tongan loves the island on which he was born1 in particular1 and all the ,tonga islands generally1 as being one country1 and speaking one language4#aaf ,travellers have noticed how gratifying it is1 when visiting an uncultured people1 to know a little of their language2 there is at once a sympathetic link between the native and the stranger4#aag ,even the almost inaccessible ,berber of the ,great ,atlas1 in spite of his excessive hatred of the ,european1 will at once give you a kindly glance as soon as you1 to his astonishment1 utter to him a few words in his own tongue4 ,footnote #aac3 ,see supra1 i4 #aah sq4 ,footnote #aad3 ,cf4 ,dobrizhoffer1 ,account of the ,abipones1 ii4 #ie1 #aje2 ,lomonaco1 ',sulle razze indigene del ,brasile1' in ,archivio per l'antropologia e la etnologia1 xix4 #eg 7,tupis72 ,brett1 ,indian ,tribes of ,guiana1 p4 #cdh2 ,schoolcraft1 ,indian ,tribes of the ,united ,states1 iii4 #ahi 7,iroquois72 ,nansen1 ,eskimo ,life1 p4 #cbc 7,greenlanders72 ,macpherson1 ,memorials of ,service in ,india1 p4 #ha 7,kandhs72 ,sarasin1 op4 cit4 iii4 #ecj 7,veddahs72 ,casati1 ,ten ,years in ,equatoria1 i4 #ahh1 #cjd 7,negroes of ,central ,africa72 ,fritsch1 ,die ,eingeborenen ,sd-,afrika's1 p4 #dbb sq4 7,bushmans74 ,footnote #aae3 ,burckhardt1 ,bedouins and ,wahbys1 p4 #bje4 ,footnote #aaf3 ,mariner1 ,natives of the ,tonga ,islands1 ii4 #aef4 ,footnote #aag3 ,see ,stokes1 ,discoveries in ,australia1 ii4 #be4 ,like other species of the altruistic sentiment1 patriotism is apt to overestimate the qualities of the object for which it is felt2 and it does so all the more readily as love of one's country is almost inseparably intermingled with love of one's self4 ,the ordinary1 typical patriot has a strong will to believe that his nation is the best4 ,if1 as many #aga people nowadays seem to maintain1 such a will to believe is an essential characteristic of true patriotism1 savages are as good patriots as anybody4 ,in their intercourse with white men they have often with astonishment noticed the arrogant air of superiority adopted by the latter2 in their own opinion they are themselves vastly superior to the whites4 ,according to ,eskimo beliefs1 the first man1 though made by the ,great ,being1 was a failure1 and was consequently cast aside and called kob-lu-na1 which means white man2 but a second attempt of the ,great ,being resulted in the formation of a perfect man1 and he was called in-nu1 the name which the ,eskimo give to themselves4#aah ,australian natives1 on being asked to work1 have often replied1 ,white fellow works1 not black fellow2 black fellow gentleman4#aai ,when anything foolish is done1 the ,chippewas use an expression which means as stupid as a white man4#abj ,if a ,south ,sea ,islander sees a very awkward person1 he says1 ,how stupid you are2 perhaps you are an ,englishman4#aba ,mr4 ,williams tells us of a ,fijian who1 having been to the ,united ,states1 was ordered by his chiefs to say whether the country of the white man was better than ,fiji1 and in what respects4 ,he had not1 however1 gone far in telling the truth1 when one cried out1 ,he is a prating fellow2 another1 ,he is impudent2 and some said1 ,kill him4#abb ,the ,koriaks are more argumentative2 in order to prove that the accounts they hear of the advantages of other countries are so many lies1 they say to the stranger1 ,if you could enjoy these advantages at home1 what made you take so much trouble to come to us8#abc ,but the ,koriaks1 in their turn are looked down upon by their neighbours1 the ,chukchi1 who call the surrounding peoples old women1 only fit to guard their flocks1 and to be their attendants4#abd ,the ,ainu despise the ,japanese #agb just as much as the ,japanese despise them1 and are convinced of the superiority of their own blood and descent over that of all other peoples in the world4#abe ,even the miserable ,veddah of ,ceylon has a very high opinion of himself1 and regards his civilised neighbours with contempt4#abf ,as is often the case with civilised men1 savages attribute to their own people all kinds of virtue in perfection4 ,the ,south ,american ,mbays1 according to ,azara1 se croient la nation la plus noble du monde1 la plus gnreuse1 la plus exacte tenir sa parole avec loyaut1 et la plus vaillante4#abg ,the ,eskimo of ,norton ,sound speak of themselves as yu'-p7ik1 meaning fine or complete people1 whereas an ,indian is termed i-k7i-l7ik1 from a word which means a louse egg4#abh ,when a ,greenlander saw a foreigner of gentle and modest manners1 his usual remark was1 ,he is almost as well-bred as we1 or1 ,he begins to be a man1 that is1 a ,greenlander4#abi ,the savage regards his people as the people1 as the root of all others1 and as occupying the middle of the earth4 ,the ,hottentots love to call themselves the men of men4#acj ,the ,indians of the ,ungava district1 ,hudson ,bay1 give themselves the name nenenot1 that is1 true or ideal red men4#aca ,in the language of the ,illinois ,indians the word illinois means men--as if they looked upon all other ,indians as beasts4#acb ,the aborigines of ,hayti believed that their island was the first of all things1 that the sun and moon issued from one of its caverns1 and men from another4#acc ,each ,australian tribe1 says ,mr4 ,curr1 regards its country as the centre of the earth1 which in most cases is believed not to extend more than a couple of hundred miles or so in any direction4#acd ,footnote #aah3 ,hall1 ,arctic ,researches1 p4 #eff sq4 ,footnote #aai3 ,hale1 ,u4,s4 ,exploring ,expedition4 ,vol4 ,,vi4 ,ethnography and ,philology1 p4 #aji4 ,footnote #abj3 ,keating1 ,expedition to the ,source of ,st4 ,peter's ,river1 ii4 #afh4 ,see also ,boller1 ,among the ,indians1 p4 #ed sq4 ,footnote #aba3 ,williams1 ,missionary ,enterprises in the ,south ,sea ,islands1 p4 #ead4 ,footnote #abb3 ,williams and ,calvert1 ,fiji1 p4 #aje4 ,footnote #abc3 ,krasheninnikoff1 ,history of ,kamschatka1 p4 #bbd4 ,footnote #abd3 ,sauer1 op4 cit4 p4 #bee4 ,footnote #abe3 ,batchelor1 ',notes on the ,ainu1' in ,trans4 ,asiatic ,soc4 ,japan1 x4 #baa sq4 ,howard1 ,life with ,trans-,siberian ,savages1 p4 #ahb4 ,footnote #abf3 ,nevill1 in ,taprobanian1 i4 #aib4 ,sarasin1 op4 cit4 iii4 #ecj1 #ecd4 #eec4 ,footnote #abg3 ,azara1 ,voyages dans l',amrique mridionale1 ii4 #ajg4 ,footnote #abh3 ,nelson1 ',eskimo about ,bering ,strait1' in ,ann4 ,rep4 ,bur4 ,ethn4 xviii4 #cjf sq4 ,footnote #abi3 ,cranz1 ,history of ,greenland1 i4 #abf4 ,footnote #acj3 ,kidd1 ,the ,essential ,kafir1 p4 #ib4 ,footnote #aca3 ,turner1 ',ethnology of the ,ungava ,district1' in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #bfg4 ,footnote #acb3 ,marquette1 ,recit des voyages1 p4 #dg sq4 ,footnote #acc3 ,brett1 ,indian ,tribes of ,guiana1 p4 #cgf4 ,footnote #acd3 ,curr1 ,the ,australian ,race1 i4 #ej4 ,for other instances of national conceit or pride among savages see ,darwin1 ,journal of ,researches1 p4 #bjg 7,fuegians72 von den ,steinen1 ,unter den ,naturvlkern ,zentral-,brasiliens1 p4 #ccb 7,bakari72 von ,humboldt1 ,personal ,narrative of ,travels to the ,equinoctial ,regions of the ,new ,continent1 v4 #dbc1 and ,brett1 op4 cit4 p4 #abh 7,guiana ,indians72 ,james1 ,expedition to the ,rocky ,mountains1 i4 #cbj 7,omahas72 ,murdoch1 in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #db 7,point ,barrow ,eskimo72 ,krasheninnikoff1 op4 cit4 p4 #ahj 7,kamchadales72 ,brough ,smyth1 op4 cit4 ii4 #bhd 7,australian natives72 ,macpherson1 op4 cit4 p4 #fg 7,kandhs72 ,munzinger1 ,ueber die ,sitten und das ,recht der ,bogos1 p4 #id2 ,andersson1 ,lake ,ngami1 p4 #aih 7,ovambo74 #agc ,we meet with similar feelings and ideas among the nations of archaic culture4 ,the ,chinese are taught to think themselves superior to all other peoples4 ,in their writings1 ancient and modern1 the word foreigner is regularly joined with some disrespectful epithet1 implying or expressing the ignorance1 brutality1 obstinacy1 or meanness of alien nations1 and their obligations to or dependence upon ,china4#ace ,to ,confucius himself ,china was the middle kingdom1 the multitude of great states1 all under heaven1 beyond which were only rude and barbarous tribes4#acf ,according to ,japanese ideas1 ,nippon was the first country created1 and the centre of the world4#acg ,the ancient ,egyptians considered themselves as the peculiar people1 specially loved by the gods4 ,they alone were termed men 7romet72 other nations were negroes1 ,asiatics1 or ,libyans1 but not men2 and according to the myth these nations were descended from the enemies of the gods4#ach ,the national pride of the ,assyrians1 so often referred to by the ,hebrew prophets1#aci is conspicuous everywhere in their cuneiform inscriptions3 they are the wise1 the brave1 the powerful1 who1 like the deluge1 carry away all resistance2 their kings are the matchless1 irresistible2 and their gods are much exalted above the gods of all other nations4#adj ,to the ,hebrews their own land was an exceeding good land1 flowing with milk and honey1 the glory of all lands2#ada and its inhabitants were a holy #agd people which the ,lord had chosen to be a special people unto ,himself1 above all people that are upon the face of the earth4#adb ,concerning the ancient ,persians1 ,herodotus writes3--,they look upon themselves as very greatly superior in all respects to the rest of mankind1 regarding others as approaching to excellence in proportion as they dwell nearer to them2 whence it comes to pass that those who are the farthest off must be the most degraded of mankind4#adc ,to this day the monarch of ,persia retains the title of the ,centre of the ,universe2 and it is not easy to persuade a native of ,isfahan that any ,european capital can be superior to his native city4#add ,the ,greeks called ,delphi--or rather the round stone in the ,delphic temple--the navel or middle point of the earth2#ade and they considered the natural relation between themselves and barbarians to be that between master and slave4#adf ,footnote #ace3 ,philip1 ,life and ,opinions of the ,rev4 ,w4 ,milne1 p4 #beg4 ,cf4 ,staunton1 in ,narrative of the ,chinese ,embassy to the ,khan of the ,tourgouth ,tartars1 p4 viii4 ,footnote #acf3 ,legge1 ,chinese ,classics1 i4 #ajg4 ,see also ,giles1 op4 cit4 ii4 #aaf1 n4 #b4 ,footnote #acg3 ,griffis1 ,religions of ,japan1 p4 #bjg4 ,footnote #ach3 ,erman1 ,life in ,ancient ,egypt1 p4 #cb4 ,footnote #aci3 ,isaiah1 x4 #g sqq42 xxxvii4 #bd sqq4 ,ezekiel1 xxxi4 #aj sq4 ,zephaniah1 ii4 #ae4 ,footnote #adj3 ,mrdter-,delitzsch1 ,geschichte ,babyloniens und ,assyriens1 p4 #ajd4 ,footnote #ada3 ,numbers1 xiii4 #bg2 xiv4 #g4 ,ezekiel1 xx4 #f1 #ae4 ,footnote #adb3 ,deuteronomy1 vii4 #f4 ,footnote #adc3 ,herodotus1 i4 #acd4 ,footnote #add3 ,rawlinson1 in his translation of ,herodotus1 i4 #bfj sq4 n4 #e4 ,footnote #ade3 ,pindar1 ,pythia1 vi4 #c sq4 ,idem1 ,nemea1 vii4 #cc sq4 ,aeschylus1 ,eumenides1 #dj1 #aff4 ,sophocles1 ,,oedipus ,tyrannus1 #dhj1 #hih4 ,livy1 xxxviii4 #dh4 ,cf4 ,herodotus' theory of extremities 7iii4 #aae sq471 and ,rawlinson's commentary1 in his translation of ,herodotus1 i4 #bfj sq4 n4 #f4 ,footnote #adf3 ,euripides1 ,iphigenia in ,aulide1 #adjj sq4 ,aristotle1 ,politica1 i4 #b1 #f1 pp4 #abeb b1 #abee a4 ,in the archaic ,state the national feeling is in some cases greatly strengthened by the religious feeling2 whilst in other instances religion inspires devotion to the family1 clan1 or caste rather than to the nation1 or constitutes a tie not only between compatriots but between members of different political communities4 ,the ancestor-worship of the ,chinese has hardly been conducive to genuine patriotism4 ,whatever devotion to the common weal may have prevailed among the ,vedic ,aryans1 it has certainly passed away beneath the influence of ,brahmanism1 or been narrowed down to the caste1 the village1 or the family4#adg ,the ,zoroastrian ,ahura-,mazda was not a national god1 but the god of the ,aryans1 that is1 of all the peoples who inhabited ancient ,iran2 and these were constantly at war #age with one another4#adh ,muhammedans1 whilst animated with a common hatred towards the ,christians1 show little public spirit in relation to their respective countries1#adi composed as they are of a variety of loosely connected1 often very heterogeneous elements1 ruled over by a monarch whose power is in many districts more nominal than real4 ,in ancient ,greece and ,rome patriotism no doubt contained a religious element--each state and town had its tutelary gods and heroes1 who were considered its proper masters2#aej but in the first place it was free citizens' love of their native institutions1 a civic virtue which grew up on the soil of liberty4 ,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 king1 their answer was1 ,had you known what freedom is1 you would have bidden us fight for it1 not with the spear only1 but with the battle-axe4#aea ,and of the ,athenians who lived at the time of the ,persian wars1 ,demosthenes said that they were ready to die for their country rather than to see it enslaved1 and that they considered the outrages and insults which befell him who lived in a subjugated city to be more terrible than death4#aeb ,in classical antiquity the influence of patriotism thrilled through every fibre of moral and intellectual life4#aec ,in some ,greek cities emigration was prohibited by law1 at ,argos even on penalty of death4#aed ,plato1 in the ,republic1 sacrificed the family to the interests of the ,state4 ,cicero placed our duty to our country next after our duty to the immortal gods and before our duty to our parents4#aee ,of all connections1 he says1 none is more weighty1 none is more dear1 than that between every individual and his country4 ,our parents are dear to us2 #agf our children1 our kinsmen1 our friends1 are dear to us2 but our country comprehends alone all the endearments of us all4 ,what good man would hesitate to die for her if he could do her service8#aef ,footnote #adg3 ,wheeler1 ,history of ,india1 ii4 #ehf sq4 ,see also ,leist1 ,alt-arisches ,jus ,gentium1 p4 #ebi4 ,footnote #adh3 ,meyer1 ,geschichte des ,alterthums1 i4 #edj4 ,spiegel1 ,ernische ,alterthumskunde1 iii4 #fhg sqq4 ,footnote #adi3 ,polak1 ,persien1 i4 #ab4 ,urquhart1 ,spirit of the ,east1 ii4 #dbg1 #dci 7,turks74 ,burckhardt1 ,bedouins and ,wahbys1 p4 #bjd sq4 7,turks and ,arab settlers74 ,footnote #aej3 ,leist1 ,alt-arisches ,jus ,gentium1 p4 #ebi4 ,schmidt1 ,die ,ethik der alten ,griechen1 ii4 #bba4 ,footnote #aea3 ,herodotus1 vii4 #acd sq4 ,footnote #aeb3 ,demosthenes1 ,de ,corona1 #bje1 p4 #bif4 ,footnote #aec3 ,lecky1 ,history of ,european ,morals1 i4 #bjj4 ,footnote #aed3 ,plutarch1 ,lycurgus1 xxvii4 #e4 ,ovid1 ,metamorphoses1 xv4 #bi4 ,footnote #aee3 ,cicero1 ,de officiis1 i4 #de 7#afj74 ,cf4 ibid4 iii4 #bc 7#ij74 ,footnote #aef3 ,ibid4 i4 #ag 7#eg74 ,cf4 ,cicero1 ,de legibus1 ii4 #b1 7#e74 ,the duty of patriotism springs1 in the first instance1 from the patriotic feeling2 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 act4 ,moreover1 lack of patriotism in a person may also be resented by his fellow-countrymen as an injury done to themselves2 and as we have seen before1 anger1 and especially anger felt by a whole community1 has a tendency to lead to moral disapproval4 ,for analogous reasons deeds of patriotism are apt to evoke moral praise4 ,however1 in benefiting his own people the patriot may cause harm to other people2 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 self1 his conduct may consequently be an object of reproach4 ,at the lower stages of civilisation the interests of foreigners are not regarded at all1 except when sheltered by the rule of hospitality2 but gradually1 owing to circumstances which will be discussed in the following chapter1 altruism tends to expand1 and men are at last considered to have duties to mankind at large4 ,the ,chinese moralists inculcated benevolence to all men without making any reference to national distinctions4#aeg ,mih-tsze1 who lived in the interval between ,confucius and ,mencius1 even taught that we ought to love all men equally2 but this doctrine called forth protests as abnegating the peculiar devotion due to relatives4#aeh ,in ,thi-,shang it is said that a good man will feel kindly towards every creature1 and should not hurt even the insect tribes1 grass1 and trees4#aei ,buddhism #agg enjoins the duty of universal love3--,as a mother1 even at the risk of her own life1 protects her son1 her only son1 so let a man cultivate goodwill without measure toward all beings1 4 4 4 unhindered love and friendliness toward the whole world1 above1 below1 around4#afj ,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 alien1 the whole earth being of kin to him who is generously disposed4#afa ,in ,greece and ,rome philosophers arose who opposed national narrowness and prejudice4 ,democritus of ,abdera said that every country is accessible to a wise man1 and that a good soul's fatherland is the whole earth4#afb ,the same view was expressed by ,theodorus1 one of the later ,cyrenaics1 who denounced devotion to country as ridiculous4#afc ,the ,cynics1 in particular1 attached slight value to the citizenship of any special state1 declaring themselves to be citizens of the world4#afd ,but1 as ,zeller observes1 in the mouth of the ,cynic this doctrine was meant to express not so much the essential oneness of all mankind1 as the philosopher's independence of country and home4#afe ,it was the ,stoic philosophy that first gave to the idea of a world-citizenship a definite positive meaning1 and raised it to historical importance4 ,the citizen of ,alexander's huge empire had in a way become a citizen of the world2 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 culture4#aff ,indeed1 the founder of ,stoicism was himself only half a ,greek4 ,but there is also an obvious connection between the cosmopolitan idea and the ,stoic #agh system in general4#afg ,according to the ,stoics1 human society has for its basis the identity of reason in individuals2 hence we have no ground for limiting this society to a single nation4 ,we are all1 says ,seneca1 members of one great body1 the universe2 we are all akin by ,nature1 who has formed us of the same elements1 and placed us here together for the same end4#afh ,if our reason is common1 says ,marcus ,aurelius1 there is a common law1 as reason commands us what to do and what not to do2 and if there is a common law we are fellow-citizens2 if this is so1 we are members of some political community--the world is in a manner a state4#afi ,to this great state1 which includes all rational beings1 the individual states are related as the houses of a city are to the city collectively2#agj and the wise man will esteem it far above any particular community in which the accident of birth has placed him4#aga ,footnote #aeg3 ,lun ,y1 xii4 #bb4 ,mencius1 vii4 #a4 #de4 ,douglas1 ,confucianism and ,taouism1 pp4 #ajh1 #bje4 ,footnote #aeh3 ,edkins1 ,religion in ,china1 p4 #aai4 ,legge1 ,chinese ,classics1 ii4 #dgf1 n4 #de4 de ,groot1 ,religious ,system of ,china1 7vol4 ii4 book7 i4 #fhd4 ,footnote #aei3 ,thi-,shang1 #c4 ,footnote #afj3 ,quoted by ,rhys ,davids1 ,hibbert ,lectures on the ,history of ,buddhism1 p4 #aaa4 ,footnote #afa3 ,muir1 ,religious and ,moral ,sentiments rendered from ,sanskrit ,writers1 p4 #aji4 ,footnote #afb3 ,stobus1 ,florilegium1 xl4 #g1 vol4 ii4 #hj4 ,cf4 ,natorp1 ,die ,ethika des ,demokritos1 p4 #aag1 n4 #da4 ,footnote #afc3 ,diogenes ,laertius1 ,vit philosophorum1 ii4 #ih sq4 ,footnote #afd3 ,ibid4 vi4 #ab1 #fc1 #gb1 #ih4 ,epictetus1 ,dissertationes1 iii4 #bd4 #ff4 ,stobus1 xlv4 #bh1 vol4 ii4 #beb4 ,footnote #afe3 ,zeller1 ,socrates and the ,socratic ,schools1 p4 #cbf sq4 ,idem1 ,stoics1 ,epicureans1 and ,sceptics1 p4 #cbg4 ,footnote #aff3 ,cf4 ,plutarch1 ,de ,alexandri ,magni fortuna aut virtute1 i4 #f1 p4 #cbi4 ,footnote #afg3 ,see ,zeller1 ,stoics1 c4 p4 #cbg sq4 ,footnote #afh3 ,seneca1 ,epistul1 xcv4 #eb4 ,footnote #afi3 ,marcus ,aurelius1 ,commentarii1 iv4 #d4 ,cf4 ibid4 vi4 #dd1 and ix4 #i2 ,cicero1 ,de legibus1 i4 #g 7#bc72 ,epictetus1 ,dissertationes1 i4 #ac4 #c4 ,footnote #agj3 ,marcus ,aurelius1 iii4 #aa4 ,footnote #aga3 ,seneca1 ,de otio1 iv4 #a4 ,idem1 ,epistul1 lxviii4 #b4 ,epictetus1 ,dissertationes1 iii4 #bb4 #hc sqq4 ,but the ,roman ideal of patriotism1 with its utter disregard for foreign nations1#agb was not opposed by philosophy alone3 it met with an even more formidable antagonist in the new religion4 ,the ,christian and the ,stoic rejected it on different grounds3 whilst the ,stoic felt himself as a citizen of the world1 the ,christian felt himself as a citizen of heaven1 to whom this planet was only a place of exile4 ,christianity was not hostile to the ,state4#agc ,at the very time when ,nero committed his worst atrocities1 ,st4 ,paul declared that there is no power but of ,god1 and that whosoever resists the power resists the ordinance of ,god and shall be condemned2#agd and ,tertullian says that all ,christians send up their prayers for the life of the emperors1 for their ministers1 for magistrates1 for the good of the #agi ,state and the peace of the ,empire4#age ,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 religion2#agf and nothing is more entirely foreign to him than affairs of ,state4#agg ,indeed1 in the whole ,roman ,empire there were no men who so entirely lacked patriotism as the early ,christians4 ,they had no affection for ,judea1 they soon forgot ,galilee1 they cared nothing for the glory of ,greece and ,rome4#agh ,when the judges asked them which was their country they said in answer1 ,i am a ,christian4#agi ,and long after ,christianity had become the religion of the ,empire1 ,st4 ,augustine declared that it matters not1 in respect of this short and transitory life1 under whose dominion a mortal man lives1 if only he be not compelled to acts of impiety or injustice4#ahj ,later on1 when the ,church grew into a political power independent of the ,state1 she became a positive enemy of national interests4 ,in the seventeenth century a ,jesuit general called patriotism a plague and the most certain death of ,christian love4#aha ,footnote #agb3 ,cf4 ,lactantius1 ,divin ,institutiones1 vi4 7',de vero cultu'71 #f 7,migne1 ,patrologi cursus1 vi4 #fee74 ,footnote #agc3 ,st4 ,matthew1 xxii4 #ba4 #a ,peter1 ii4 #ac sq4 ,footnote #agd3 ,romans1 xiii4 #a sq4 ,see also ,titus1 iii4 #a4 ,footnote #age3 ,tertullian1 ,apologeticus1 #ci 7,migne1 op4 cit4 i4 #dfh74 ,see also ,ludwig1 ,tertullian's ,ethik1 p4 #ih sq4 ,footnote #agf3 ,tertullian1 ,de idololatria1 #ae 7,migne1 op4 cit4 i4 #fhd74 ,footnote #agg3 ,tertullian1 ,apologeticus1 #ch 7,migne1 op4 cit4 i4 #dfe73--,nec ulla magis res aliena1 quam publica4 ,footnote #agh3 ,see ,renan1 ,hibbert ,lectures on the ,influence of ,rome on ,christianity1 p4 #bh4 ,footnote #agi3 ,le ,blant1 ,inscriptions chrtiennes1 i4 #abh4 ,footnote #ahj3 ,st4 ,augustine1 ,de ,civitate ,dei1 v4 #ag4 ,footnote #aha3 von ,eicken1 ,geschichte und ,system der mittelalterlichen ,weltanschauung1 p4 #hji4 ,with the fall of the ,roman ,empire patriotism died out in ,europe1 and remained extinct for centuries4 ,it was a feeling hardly compatible either with the migratory life of the ,teutonic tribes or with the feudal system1 which grew up wherever they fixed their residence4 ,the knights1 it is true1 were not destitute of the natural affection for home4 ,when ,aliaumes is mortally wounded by ,gri li ,sors he exclaims1 ,holy ,virgin1 ,i shall never more see ,saint-,quentin nor ,nle2#ahb and the troubadour ,bernard de ,ventadour touchingly sings1 ,quan la doussa aura venta--,deves nostre pas1--,m'es veiaire que senta--,odor de #ahj ,paradis4#ahc ,but to a man of the ,middle ,ages his country meant little more than the neighbourhood in which he lived4#ahd ,kingdoms existed1 but no nations4 ,the first duty of a vassal was to be loyal to his lord2#ahe but no national spirit bound together the various barons of one country4 ,a man might be the vassal of the king of ,france and of the king of ,england at the same time2 and often1 from caprice1 passion1 or sordid interest1 the barons sold their services to the enemies of the kingdom4 ,the character of his knighthood was also perpetually pressing the knight to a course of conduct distinct from all national objects4#ahf ,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 ,bouche1 though an ,english subject1 did not hesitate to unite his troops with those of the ,compte de ,foix to relieve the ladies in a ,french town1 where they were besieged and threatened with violence by the insurgent peasantry4#ahg ,when a knight's duties towards his country are mentioned in the rules of ,chivalry they are spoken of as duties towards his lord3--,the wicked knight1 it is said1 that aids not his earthly lord and natural country against another prince1 is a knight without office4#ahh ,far from being1 as ,m4 ,gautier asserts1#ahi the object of an express command in the code of ,chivalry1 true patriotism had there no place at all4 ,it was not known as an ideal1 still less did it exist as a reality1 among either knights or commoners4 ,as a duke of ,orleans could bind himself by a fraternity of arms and alliance to a duke of ,lancaster1#aij so ,english merchants were in the habit of supplying nations at war against ,england with provisions bought at ,english fairs1 and weapons wrought by ,english hands4#aia ,if1 as ,m4 ,gaston ,paris maintains1 a #aha deep feeling of national union had inspired the ,chanson de ,roland1#aib it is a strange1 yet undeniable1 fact that no distinct trace of this feeling displayed itself in the medival history of ,france before the ,english wars4 ,footnote #ahb3 ,li ,romans de ,raoul de ,cambrai1 #baj1 p4 #ahe4 ,footnote #ahc3 ,quoted by ,gautier1 ,la ,chevalerie1 p4 #fd4 ,footnote #ahd3 ,see ,cibrario1 ,della economia politica del medio eve1 i4 #bfc2 de ,crozals1 ,histoire de la civilization1 ii4 #bhg4 ,footnote #ahe3 ,ordre of ,chyualry1 foll4 #ac b4 #cb b4 ,footnote #ahf3 ,see ,mills1 ,history of ,chivalry1 i4 #adj sq4 ,footnote #ahg3 ,scott1 ,essay on ,chivalry1 p4 #ca4 ,footnote #ahh3 ,ordre of ,chyualry1 fol4 #ad b4 ,footnote #ahi3 ,gautier1 op4 cit4 p4 #cc4 ,footnote #aij3 ,sainte-,palaye1 ,mmoires sur l'ancienne ,chevalerie1 ii4 #gb4 ,footnote #aia3 ,pike1 ,history of ,crime in ,england1 i4 #bfd sq4 ,footnote #aib3 ,paris1 ,la posie du moyen age1 p4 #ajg4 ,m4 ,gautier says 7op4 cit4 p4 #fa7 that ,roland is la ,france faite homme4 ,besides feudalism and the want of political cohesion1 there were other factors that contributed to hinder the development of national personality and patriotic devotion4 ,this sentiment presupposes not only that the various parts of which a country is composed shall have a vivid feeling of their unity1 but also that they1 united1 shall feel themselves as a nation clearly distinct from other nations4 ,in the ,middle ,ages national differences were largely obscured by the preponderance of the ,universal ,church1 by the creation of the ,holy ,roman ,empire1 by the prevalence of a common language as the sole vehicle of mental culture1 and by the undeveloped state of the vernacular tongues4 ,to make use of the native dialect was a sign of ignorance1 and to place worldly interests above the claims of the ,church was impious4 ,when ,macchiavelli declared that he preferred his country to the safety of his soul1 people considered him guilty of blasphemy2 and when the ,venetians defied the ,papal thunders by averring that they were ,venetians in the first place1 and only ,christians in the second1 the world heard them with amazement4#aic ,footnote #aic3 ',national ,personality1' in ,edinburgh ,review1 cxciv4 #acc4 ,in ,england the national feeling developed earlier than on the ,continent1 no doubt owing to her insular position and freer institutions2 as ,montesquieu observes1 patriotism thrives best in democracies4#aid ,at the time of the ,english ,reformation the sense of corporate national life had evidently gained considerable strength1 and the love of ,england has never been expressed in more exquisite form than it was by ,shakespeare4 ,at the same time the sense of patriotism was often grossly perverted by religious #ahb bigotry and party spirit4#aie ,even champions of liberty1 like ,lord ,russell and ,algernon ,sidney1 accepted ,french gold in the hope of embarrassing the ,king2 and ,sidney went so far as to try to instigate ,de ,witt to invade ,england4 ,loyalism1 in particular1 proved a much stronger incentive than love of country4 ,a loyalist like ,strafford would have employed half-savage ,irish troops against his own countrymen1 and the ,scotch ,jacobites invited a ,french invasion4 ,footnote #aid3 ,montesquieu1 ,de l'esprit des ,lois1 iv4 #e 7,,oeuvres1 p4 #bjf sq474 ,footnote #aie3 ,see ,edinburgh ,review1 cxciv4 #acc1 #acf sq42 ,pearson1 ,national ,life and ,character1 p4 #aij4 ,in ,france the development of the national feeling was closely connected with the strengthening of the royal power and its gradual victory over feudalism4 ,the word patrie was for the first time used by ,charles ,,vii4's chronicler1 ,jean ,chartier1 and he also condemned as rengats those ,frenchmen who1 at the end of the hundred years war1 fought on the side of the ,english4#aif ,but patriotism was for a long time inseparably confounded with loyalty to the sovereign4 ,according to ,bossuet tout l'tat est en la personne du prince2#aig and ,abb ,coyer observes that ,colbert believed royaume and patrie to signify one and the same thing4#aih ,in the eighteenth century the spirit of rebellion succeeded that of devotion to the king2 but the key-note of the great movement which led to the ,revolution was the liberty and equality of the individual1 not the glory or welfare of the nation4 ,men were looked upon as members of the human race1 rather than as citizens of any particular country4 ,to be a citizen of every nation1 and not to belong to one's native country alone1 was the dream of ,french writers in the eighteenth century4#aii ,the true sage is a cosmopolitan1 says a writer of comedy4#bjj ,diderot asks which is the greater merit1 to enlighten the human race1 which remains for ever1 or to save one's fatherland1 which is #ahc perishable4#bja ,according to ,voltaire patriotism is composed of self-love and prejudice1#bjb and only too often makes us the enemies of our fellow-men3--,il est clair qu'un pays ne peut gagner sans qu'un autre perde1 et qu'il ne peut vaincre sans faire des malheureux4 ,telle est donc la condition humaine1 que souhaiter la grandeur de son pays1 c'est souhaiter du mal ses voisins4#bjc ,in ,germany1 ,lessing1 ,goethe1 and ,schiller felt themselves as citizens of the world1 not of the ,german ,empire1 still less as ,saxons or ,suabians2 and ,klopstock1 with his enthusiasm for ,german nationality and language1 almost appeared eccentric4#bjd ,lessing writes point-blank3--,the praise of being an ardent patriot is to my mind the very last thing that ,i should covet2 4 4 4 ,i have no idea at all of love of the ,fatherland1 and it seems to me at best but an heroical weakness1 which ,i can very readily dispense with4#bje ,footnote #aif3 ,guibal1 ,histoire du sentiment national en ,france pendant la guerre de ,cent ans1 p4 #ebf sq4 ,footnote #aig3 ,legrand1 ,l'ide de patrie1 p4 #bj4 ,footnote #aih3 ,block1 ,dictionnaire gnral de la politique1 ii4 #eah4 ,footnote #aii3 ,texte1 ,jean-,jacques ,rousseau and the ,cosmopolitan ,spirit in ,literature1 p4 #gi4 ,footnote #bjj3 ,palissot de ,montenoy1 ,les philosophes1 iii4 #d1 p4 #ge4 ,footnote #bja3 ,diderot1 ,essai sur les rgnes de ,claude et de ,nron1 ii4 #ge 7,,oeuvres1 vi4 #bdd74 ,footnote #bjb3 ,voltaire1 ,penses sur l'administration publique1 #ad 7,,oeuvres compltes1 v4 #cea74 ,footnote #bjc3 ,idem1 ,dictionnaire philosophique1 art4 ,patrie 7,,oeuvres compltes1 viii4 #aah74 ,footnote #bjd3 ,see ,strauss1 ,der alte und der neue ,glaube1 p4 #bei sq4 ,footnote #bje3 ,lessing1 quoted by ,ziegler1 ,social ,ethics1 p4 #aba4 ,the first ,french revolution marks the beginning of a new era in the history of patriotism4 ,it inspired the masses with passion for the unity of the fatherland1 the ,republic one and indivisible4 ,at the same time it declared all nations to be brothers1 and when it made war on foreign nations the object was only to deliver them from their oppressors4#bjf ,but gradually the interest in the affairs of other countries grew more and more selfish1 the attempt to emancipate was absorbed in the desire to subjugate2 and this awoke throughout ,europe a feeling which was destined to become the most powerful force in the history of the nineteenth century1 the feeling of nationality4 ,when ,napoleon introduced ,french administration in the countries whose sovereigns he had deposed or degraded1 the people resisted the change4 ,the resistance was popular1 as the rulers were absent or helpless1 and it was national1 being directed against foreign institutions4#ahd ,it was stirred by the feeling of national rather than political unity1 it was a protest against the dominion of race over race4 ,the national element in this movement had in a manner been anticipated by the ,french ,revolution itself4 ,the ,french people was regarded by it as an ethnological1 not as an historic1 unit2 descent was put in the place of tradition2 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 history4 ,but1 as has been truly remarked1 men were made conscious of the national element of the revolution by its conquests1 not in its rise4#bjg ,footnote #bjf3 ,block1 op4 cit4 ii4 #cgf4 ,footnote #bjg3 ,see ',nationality1' in ,home and ,foreign ,review1 i4 #f sqq4 ,ever since1 the racial feeling has been the most vigorous force in ,european patriotism1 and has gradually become a true danger to humanity4 ,beginning as a protest against the dominion of one race over another1 this feeling led to a condemnation of every state which included different races1 and finally developed into the complete doctrine that state and nationality should so far as possible be coextensive4#bjh ,according to this theory the dominant nationality cannot admit the inferior nationalities dwelling within the boundaries of the state to an equality with itself1 because1 if it did1 the state would cease to be national1 and this would be contrary to the principle of its existence2 or the weaker nationalities are compelled to change their language1 institutions1 and individuality1 so as to be absorbed in the dominant race4 ,and not only does the leading nationality assert its superiority in relation to all others within the body politic1 but it also wants to assert itself at the expense of foreign nations and races4 ,to the nationalist all this is true patriotism2 love of country often stands for a feeling which has been well described as love of more country4#bji ,but at the same time opposite ideals are at work4 ,the fervour of nineteenth century nationalism has not been able to quench the #ahe cosmopolitan spirit4 ,in spite of loud appeals made to racial instincts and the sense of national solidarity1 the idea has been gaining ground that the aims of a nation must not conflict with the interests of humanity at large2 that our love of country should be controlled by other countries' right to prosper and to develop their own individuality2 and that the oppression of weaker nationalities inside the state and aggressiveness towards foreign nations1 being mainly the outcome of vainglory and greed1 are inconsistent with the aspirations of a good patriot1 as well as of a good man4 ,footnote #bjh3 ,ibid4 p4 #ac sq4 ,footnote #bji3 ,robertson1 ,patriotism and ,empire1 p4 #ach4 99 99 99 99 99 ,our long discussion of moral ideas regarding such modes of conduct as directly concern other men's welfare has at last come to an end4 ,we have seen that they may be ultimately traced to a variety of sources3 to the influence of habit or education1 to egoistic considerations of some kind or other which have given rise to moral feelings1 to notions of social expediency1 to disinterested likings or dislikes1 and1 above all1 to sympathetic resentment or sympathetic approval springing from an altruistic disposition of mind4 ,but how to account for this disposition8 ,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 question4 ,i shall therefore in the next chapter examine the origin and development of the altruistic sentiment4 ,,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 animals1 namely1 maternal affection4 ,as regards its origin various theories have been set forth4 ,according to ,aristotle1 parents love their children as being portions of themselves4#a ,a similar explanation of maternal affection has been given by some modern writers4#b ,thus ,professor ,espinas regards this sentiment as modified self-love and love of property4 ,the female1 he says1 at the moment when she gives birth to little ones resembling herself1 has no difficulty in recognising them as the flesh of her flesh2 the feeling she experiences towards them is made up of sympathy and pity1 but we cannot exclude from it an idea of property which is the most solid support of sympathy4 ,she feels and understands up to a certain point that these young ones which are herself at the same time belong to her2 the love of herself1 extended to those who have gone out from her1 changes egoism into sympathy and the proprietary instinct into an affectionate impulse4#c ,this hypothesis1 however1 seems to me to be very inadequate4 ,it does not explain why1 for instance1 a bird takes more care of her eggs than of other matter segregated from #ahg her body1 which may equally well be regarded as a part of herself4 ,nor does it account for a foster-mother's affection for her adopted offspring4#d ,of this many instances have been noticed in the lower animals2 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 blood4#e ,footnote #a3 ,aristotle1 ,ethica ,nicomachea1 viii4 #ab4 #b sq4 ,footnote #b3 ,hartley1 ,observations on ,man1 i4 #dif sq4 ,fichte1 ,das ,system der ,sittenlehre1 p4 #dcc4 ,footnote #c3 ,espinas1 ,des socits animales 7#bnd ed471 p4 #ddd sq41 quoted by ,ribot1 ,psychology of the ,emotions1 p4 #bhj4 ,footnote #d3 ,cf4 ,spencer1 ,principles of ,psychology1 ii4 #fbd4 ,footnote #e3 ,murdoch1 ',ethnol4 ,results of the ,point ,barrow ,expedition1' in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #dai 7,point ,barrow ,eskimo74 ,thomson1 ,savage ,island1 p4 #ace4 ,a very different explanation of maternal love has been given by ,professor ,bain4 ,he derives parental affection from the intense pleasure in the embrace of the young4 ,he observes that such a pleasure once created would associate itself with the prevailing features and aspects of the young1 and give to all of these their very great interest4 ,for the sake of the pleasure1 the parent discovers the necessity of nourishing the subject of it1 and comes to regard the ministering function as a part or condition of the delight4#f ,but if the satisfaction in animal contact were at the bottom of the maternal feeling1 conjugal affection ought by far to surpass it in intensity2 and yet1 among the lower races at least1 the case is exactly the reverse1 conjugal affection being vastly inferior in degree to a mother's love of her child4 ,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 own4 ,it seems much more likely that parents like to touch their children because they love them1 than that they love them because they like to touch them4 ,attraction1 showing itself either by elementary movements of approach1 or by contact1 or by the embrace1 is the outward expression of tenderness4#g ,professor ,bain himself observes that as anger reaches a satisfying term by knocking some one down1 love is completed and satisfied with an embrace4#h ,but this by no means implies that the embrace is the cause of love2 it #ahh only means that love has a tendency to express itself outwardly in an act of embrace4 ,footnote #f3 ,bain1 ,emotions and the ,will1 p4 #adj4 ,footnote #g3 ,ribot1 op4 cit4 p4 #bcd4 ,footnote #h3 ,bain1 op4 cit4 p4 #abf4 ,in the opinion of ,mr4 ,spencer1 again1 parental love is essentially love of the weak or helpless4 ,this instinct1 he remarks1 is not adequately defined as that which attaches a creature to its young4 ,though most frequently and most strongly displayed in this relation1 the so-called parental feeling is really excitable apart from parenthood2 and the common trait of the objects which arouse it is always relative weakness or helplessness4#i ,this hypothesis undoubtedly contains part of the truth4 ,that the maternal instinct is in some degree love of the helpless is obvious from the fact that1 among those of the lower animals which are not gregarious1 mother and young separate as soon as the latter are able to shift for themselves2 nay1 in many cases they are actually driven away by her4 ,moreover1 in species which are so constituted that the young from the very outset can help themselves there is no maternal love4 ,these facts indicate where we have to look for the source of this sentiment4 ,when the young are born in a state of utter helplessness somebody must take care of them1 or the species cannot survive1 or1 rather1 such a species could never have come into existence4 ,the maternal instinct may thus be assumed to owe its origin to the survival of the fittest1 to the natural selection of useful spontaneous variations4 ,footnote #i3 ,spencer1 ,principles of ,psychology1 ii4 #fbc sq4 ,see also ,hartley1 op4 cit4 i4 #dig4 ,this is also recognised by ,mr4 ,spencer2#aj but his theory fails to explain the indisputable fact that there is a difference between maternal love and the mere love of the helpless4 ,even in a gregarious species mothers make a distinction between their own offspring and other young4 ,during my stay among the mountaineers of ,morocco ,i was often struck by the extreme eagerness with which in the evening1 when the flock of ewes and the flock of lambs were reunited1 each mother sought for her own lamb1 and each lamb for its own mother4 ,a similar #ahi discrimination has been noticed even in cases of conscious adoption4 ,brehm tells us of a female baboon which had so capacious a heart that she not only adopted young monkeys of other species1 but stole young dogs and cats which she continually carried about2 yet her kindness did not go so far as to share food with her adopted offspring1 although she divided everything quite fairly with her own young ones4#aa ,to account for the maternal sentiment we must therefore assume the existence of some other stimulus besides the signs of helplessness1 which produces1 or at least strengthens1 the instinctive motor response in the mother4 ,this stimulus1 so far as ,i can see1 is rooted in the external relationship in which the offspring from the beginning stand to the mother4 ,she is in close proximity to her helpless young from their tenderest age2 and she loves them because they are to her a cause of pleasure4 ,footnote #aj3 ,spencer1 op4 cit4 ii4 #fbc4 ,footnote #aa3 ,darwin1 ,descent of ,man1 p4 #gj4 ,in various animal species the young are cared for not only by the mother1 but by the father as well4 ,this is the general rule among birds3 whilst the hatching of the eggs and the chief part of the rearing-duties belong to the mother1 the father acts as a protector1 and provides food for the family4 ,among most of the mammals1 on the other hand1 the connections between the sexes are restricted to the time of the rut1 hence the father may not even see his young4 ,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 enemies4#ab ,among the ,quadrumana this seems to be the rule4#ac ,all the best authorities agree that the ,gorilla and the ,chimpanzee live in families4 ,when the female is pregnant the male builds a rude nest in a tree1 where she is delivered2 and he spends the night crouching at the foot of the tree1 protecting the female and their young one1 which are in the nest above1 from the nocturnal attacks of leopards4 ,passing from the #aij highest monkeys to the savage and barbarous races of men1 we meet with the same phenomenon4 ,in the human race the family consisting of father1 mother1 and offspring is probably a universal institution1 whether founded on a monogamous1 polygynous1 or polyandrous marriage4 ,and1 as among the lower animals having the same habit1 whilst the immediate care of the children chiefly belongs to the mother1 the father is the guardian of the family4#ad ,footnote #ab3 ,westermarck1 ,history of ,human ,marriage1 p4 #aa sq4 ,footnote #ac3 ,ibid4 p4 #ab sqq4 ,footnote #ad3 ,westermarck1 ,history of ,human ,marriage1 p4 #ad sqq4 ,the stimuli to which the paternal instinct responds are apparently derived from the same circumstances as those which call into activity the maternal instinct1 that is1 the helplessness and the nearness of the offspring4 ,wherever this instinct exists1 the father is near his young from the beginning1 living together with the mother4 ,and here again the sentimental response is in all probability the result of a process of natural selection1 which has preserved a mental disposition necessary for the existence of the species4 ,among birds paternal care is indispensable4 ,equal and continual warmth is the first requirement for the development of the embryo and the preservation of the young ones2 and for this the mother almost always wants the assistance of the father1 who provides her with necessaries1 and sometimes relieves her of the brooding4 ,among mammals1 again1 whilst the young at their tenderest age can never do without the mother1 the father's aid is generally not required4 ,that the ,primates form an exception to this rule is probably due to the small number of young1 the female bringing forth but one at a time1 and besides1 among the highest apes and in man1 to the long period of infancy4#ae ,if this is true we may assume that the paternal instinct occurred in primitive man1 as it occurs1 more or less strongly developed1 among the anthropoid apes and among existing savages4 ,footnote #ae3 ,see ibid4 p4 #bj sqq4 ,fiske1 ,outlines of ,cosmic ,philosophy1 ii4 #cdb sq4 ,by origin closely allied to the paternal feeling is the attachment between individuals of different sex1 which #aia induces male and female to remain with one another beyond the mere act of propagation till after the birth of the offspring4 ,it is obvious that1 where the generative power is restricted to a certain season--a peculiarity which primitive man seems to have shared with other mammals#af--;it cannot be the sexual instinct that causes the prolonged union of the sexes1 nor can ,i conceive any other egoistic motive that could account for this habit4 ,considering that the union lasts till after the birth of the offspring and that it is accompanied with parental care1 ,i conclude that it is for the benefit of the young that male and female continue to live together4 ,the tie which joins them seems therefore1 like parental affection1 to be an instinct developed through natural selection4 ,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 instinct4 ,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 gratified2 and if procuring great advantage to the species in the struggle for existence1 conjugal attachment would naturally have developed into a specific characteristic4 ,footnote #af3 ,westermarck1 op4 cit4 ch4 ii4 ,we have reason to believe that the germ of this sentiment occurred already in our earliest human ancestors1 that marriage1 in the natural history sense of the term1 is a habit transmitted to man from some ape-like progenitor4#ag ,in the course of evolution conjugal affection has increased both in intensity and complexity2 but advancement in civilisation has not at every step been favourable to its development4 ,when restricted to men only1 a higher culture on the contrary tends to alienate husband and wife1 as is the case in ,eastern countries and as was the case in ancient ,greece4 ,another fact leading to conjugal apathy is the custom which compels the women before marriage to live strictly apart from the men4 ,in ,china it often happens that the parties have not even seen each #aib other till the wedding day2#ah and in ,greece ,plato urged in vain that young men and women should be more frequently permitted to meet one another1 so that there should be less enmity and indifference in the married life4#ai ,conjugal love is both a cause and an effect of monogamy2 but1 as we shall see subsequently1 the course of civilisation does not involve a steady progress towards stricter monogamy4 ,the notions about women also influence the emotions felt towards them2 and we have noticed that the great religions of the world have generally held them in little regard4#bj ,in its fully developed form the passion which unites the sexes is perhaps the most compound of all human feelings4 ,mr4 ,spencer thus sums up the masterly analysis he has given of it3--,round the physical feeling forming the nucleus of the whole1 are gathered the feelings produced by personal beauty1 that constituting simple attachment1 those of reverence1 of love1 of approbation1 of self-esteem1 of property1 of love of freedom1 of sympathy4 ,these1 all greatly exalted1 and severally tending to reflect their excitements on one another1 unite to form the mental state we call love4#ba ,footnote #ag3 ,ibid4 op4 cit4 chs4 i41 iii4 ,footnote #ah3 ,katscher1 ,bilder aus dem chinesischen ,leben1 pp4 #ga1 #hd4 ,footnote #ai3 ,plato1 ,leges1 vi4 #gga sq4 ,footnote #bj3 ,supra1 i4 #ffb sqq4 ,footnote #ba3 ,spencer1 ,principles of ,psychology1 i4 #dhh4 ,the duration of conjugal and parental feelings varies extremely4 ,most birds1 with the exception of those belonging to the ,gallinaceous family1 when pairing do so once for all till either one or the other dies2#bb whereas among the mammals man and possibly some apes#bc are the only species whose conjugal unions last any considerable time after the birth of the offspring4 ,among many of the lower races of men lifelong marriages seem to be the rule1 and among a few separation is said to be entirely unknown2 but there is abundant evidence that marriage has1 upon the whole1 become more durable with advancing civilisation4#bd ,one cause of this is that conjugal affection has become more lasting4 ,and the greater duration of this sentiment may be explained partly from the refinement #aic of the uniting passion1 involving appreciation of mental qualities which last long after youth and beauty have passed away1 and partly also from the greater durability of parental feelings1 which form a tie not only between parents and children1 but between husband and wife4 ,footnote #bb3 ,westermarck1 op4 cit4 p4 #aa4 ,footnote #bc3 ,ibid4 pp4 #ac1 #ad1 #ece4 ,footnote #bd3 ,ibid4 ch4 xxiii4 ,the parental feelings originally only last as long as the young are unable to shift for themselves--the paternal feeling possibly less4 ,as ,mr4 ,fiske observes1 where the infancy is very short1 the parental feeling1 though intense while it lasts1 presently disappears1 and the offspring cease to be distinguished from strangers of the same species4 ,and in general the duration of the feelings which insure the protection of the offspring is determined by the duration of the infancy4#be ,among certain savages parental love is still said to be restricted to the age of helplessness4 ,we are told that the affection of a ,fuegian mother for her child gradually decreases in proportion as the child grows older1 and ceases entirely when it reaches the age of seven or eight2 thenceforth the parents in no way meddle with the affairs of their son1 who may leave them if he likes4#bf ,when the parental feelings became more complex1 through the association of other feelings1 as those of property and pride1 they naturally tended to extend themselves beyond the limits of infancy and childhood4 ,but the chief cause of this extension seems to lie in the same circumstances as made man a gregarious animal4 ,where the grown-up children continued to stay with their parents1 parental affection naturally tended to be prolonged1 not only by the infusion into it of new elements1 but by the direct influence of close living together4 ,it was1 moreover1 extended to more distant descendants4 ,the same stimuli as call forth kindly emotions towards a person's own children evoke similar emotions towards his grand- and great-grandchildren4 ,footnote #be3 ,fiske1 op4 cit4 ii4 #cdc4 ,footnote #bf3 ,bove1 ,patagonia1 ,terra del ,fuoco1 p4 #acc4 ,see also ,wied-,neuwied1 ,reise nach ,brasilien1 ii4 #dj 7,botocudos71 ,im ,thurn1 ,among the ,indians of ,guiana1 p4 #bai2 ,scaramucci and ,giglioli1 ',notizie sui ,danakil1' in ,archivio per l'antropologia e la etnologia1 xiv4 #ce4 #aid ,it is an old truth that children's love of their parents is generally much weaker than the parents' love of their children4 ,the latter is absolutely necessary for the subsistence of the species1 the former is not2#bg though1 when a richer food-supply favoured the formation of larger communities1 filial attachment must have been of advantage to the race4#bh ,no individual is born with filial love4 ,however1 ,aristotle goes too far when saying that1 whilst parents love their children from their birth upward1 children do not begin to love their parents until they are of a considerable age1 and have got full possession of their wits and faculties4#bi ,under normal circumstances the infant from an early age displays some attachment to its parents4 ,professor ,sully tells us of a girl1 about seventeen months old1 who received her father after a few days absence with special marks of affection1 rushing up to him1 smoothing and stroking his face and giving him all the toys in the room4#cj ,filial love is retributive2 the agreeable feeling produced by benefits received makes the individual look with pleasure and kindliness upon the giver4 ,and here again the affection is strengthened by close living together1 as appears from the cooling effect of long separation of children from their parents4 ,but the filial feeling is not affection pure and simple1 it is affection mingled with regard for the physical and mental superiority of the parent4#ca ,as the parental feeling is partly love of the weak and young1 so the filial feeling is partly regard for the strong and 7comparatively7 old4 ,footnote #bg3 ,this observation was made already by ,hutcheson 7,inquiry into the ,original of our ,ideas of ,beauty and ,virtue1 p4 #bai7 and ,adam ,smith 7,theory of ,moral ,sentiments1 p4 #aii74 ,the latter wrote1 a hundred years before the publication of ',the ,origin of ,species1' that parental tenderness is a much stronger affection than filial piety1 because the continuance and propagation of the species depend altogether upon the former1 and not upon the latter4 ,footnote #bh3 ,darwin maintains 7,descent of ,man1 p4 #aje7 that the filial affections have been to a large extent gained through natural selection4 ,footnote #bi3 ,aristotle1 ,ethica ,nicomachea1 viii4 #ab4 #b4 ,footnote #cj3 ,sully1 ,studies of ,childhood1 p4 #bdc4 ,footnote #ca3 ,see supra1 i4 #fah sq4 ,besides parental1 conjugal1 and filial attachment we find among all existing races of men altruism of the fraternal #aie type1 binding together children of the same parents1 relatives more remotely allied1 and1 generally1 members of the same social unit4 ,but ,i am inclined to suppose that man was not originally a gregarious animal1 in the proper sense of the word1 that he originally lived in families rather than in tribes1 and that the tribe arose as the result of increasing food-supply1 allowing the formation of larger communities1 combined with the advantages which under such circumstances accrued from a gregarious life4 ,the man-like apes are not gregarious2 and considering that some of them are reported to be encountered in greater numbers in the season when most fruits come to maturity1#cb 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 year4 ,that our earliest human or half-human ancestors lived on the same kind of food1 and required about the same quantities of it as the man-like apes1 seems to me a fairly legitimate supposition2 and from this ,i conclude that they were probably not more gregarious than these apes4 ,subsequently man became carnivorous2 but even when getting his living by fishing or hunting1 he may still have continued as a rule this solitary kind of life1 or gregariousness may have become his habit only in part4 ,an animal of a predatory kind1 ,mr4 ,spencer observes1 which has prey that can be caught and killed without help1 profits by living alone3 especially if its prey is much scattered1 and is secured by stealthy approach or by lying in ambush4 ,gregariousness would here be a positive disadvantage4 ,hence the tendency of large carnivores1 and also of small carnivores that have feeble and widely-distributed prey1 to lead solitary lives4#cc ,it is certainly a noteworthy fact that even now there are rude savages who live rather in separate families than in tribes2 and that their solitary life is due to want of #aif sufficient food is obvious from several facts which ,i have stated in full in another place4#cd ,these facts1 as it seems to me1 give much support to the supposition that the kind of food man subsisted upon1 together with the large quantities of it which he wanted1 formed in olden times a hindrance to a true gregarious manner of living1 except perhaps in some unusually rich places4 ,footnote #cb3 ,savage1 ',observations on the ,external ,characters and ,habits of the ,troglodytes ,niger1 in ,boston ,journal of ,natural ,history1 iv4 #chd4 ,cf4 von ,koppenfels1 ',meine ,jagden auf ,gorillas1' in ,die ,gartenlaube1 #ahgg1 p4 #dai4 ,footnote #cc3 ,spencer1 ,principles of ,psychology1 ii4 #eeh4 ,footnote #cd3 ,westermarck1 op4 cit4 p4 #dc sqq4 ,but man finally overcame this obstacle4 ,he has1 to quote ,darwin1 invented and is able to use various weapons1 tools1 traps1 c41 with which he defends himself1 kills or catches prey1 and otherwise obtains food4 ,he has made rafts or canoes for fishing or crossing over to neighbouring fertile islands4 ,he has discovered the art of making fire1 by which hard and stringy roots can be rendered digestible1 and poisonous roots or herbs innocuous4#ce ,in short1 man gradually found out new ways of earning his living and more and more emancipated himself from direct dependence on surrounding nature4 ,the chief obstacle to a gregarious life was by this means surmounted1 and the advantages of such a life were considerable4 ,living together in larger groups1 men could resist the dangers of life and defend themselves much better than when solitary--all the more so as the physical strength of man1 and especially savage man1 is comparatively slight4 ,the extension of the small family group may have taken place in two different ways3 either by adhesion1 or by natural growth and cohesion4 ,in other words1 new elements whether other family groups or single individuals may have united with it from without1 or the children1 instead of separating from their parents1 may have remained with them and increased the group by forming new families themselves4 ,there can be little doubt that the latter was the normal mode of extension4 ,when gregariousness became an advantage to man1 he would feel inclined to remain with those with whom he was living even after the family had fulfilled its object--the preservation of #aig the helpless offspring4 ,and he would be induced to do so not only from egoistic considerations1 but by an instinct which1 owing to its usefulness1 would gradually develop1 practically within the limits of kinship--the gregarious instinct4 ,footnote #ce3 ,darwin1 ,descent of ,man1 p4 #dh sq4 ,by the gregarious instinct ,i understand an animal's proneness to live together with other members of its own species1 apart from parental1 conjugal1 and filial attachment4 ,it involves1 or leads to1 pleasure in the consciousness of their presence4 ,the members of a herd are at ease in each other's company1 suffer when they are separated1 and rejoice when they are reunited4 ,by actual living together the instinct is individualised1#cf and it is strengthened by habit4 ,the pleasure with which one individual looks upon another is further increased by the solidarity of interests4 ,not only have they enjoyments in common1 but they have the same enemies to resist1 the same dangers to encounter1 the same difficulties to overcome4 ,hence acts which are beneficial to the agent are at the same time beneficial to his companions1 and the distinction between ego and alter loses much of its importance4 ,footnote #cf3 ,in mankind we very early recognise the child's tendency to sympathise with persons who are familiar to it 7,compayr1 ,l'volution intellectuelle et morale de l'enfant1 p4 #bhh74 ,but the members of the group do not merely take pleasure in each other's company4 ,associated animals very frequently display a feeling of affection for each other--defend each other1 help each other in distress and danger1 perform various other services for each other4#cg ,considering that the very object of the gregarious instinct is the preservation of the species1 ,i think we are obliged to regard the mutual affection of associated animals as a development of this instinct4 ,with the pleasure they take in each other's company is intimately connected kindliness towards its cause1 the companion himself4 ,in this explanation of social affection ,i believe no further step can be made4 ,professor ,bain asks why a more lively feeling should grow up towards a fellow-being than towards an #aih inanimate source of pleasure2 and to account for this he suggests1 curiously enough1 the primary and independent pleasure of the animal embrace#ch--;although embrace even as an outward expression of affection plays a very insignificant part in the social relations of gregarious animals4 ,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 pain4 ,both cases call for a similar explanation4 ,the animal distinguishes between a living being and a lifeless thing1 and affection proper1 like anger proper1 is according to its very nature felt towards the former only4 ,the object of anger is normally an enemy1 the object of social affection is normally a friend4 ,social affection is not only greatly increased by reciprocity of feeling1 but could never have come into existence without such reciprocity4 ,the being to which an animal attaches itself is conceived of as kindly disposed towards it2 hence among wild animals social affection is found only in connection with the gregarious instinct1 which is reciprocal in nature4 ,footnote #cg3 ,darwin1 op4 cit4 p4 #ajj sqq4 ,kropotkin1 ,mutual ,aid1 ch4 i4 sq4 ,footnote #ch3 ,bain1 op4 cit4 p4 #acb4 ,among men the members of the same social unit are tied to each other with various bonds of a distinctly human character--the same customs1 laws1 institutions1 magic or religious ceremonies and beliefs1 or notions of a common descent4 ,as men generally are fond of that to which they are used or which is their own1 they are also naturally apt to have likings for other individuals whose habits or ideas are similar to theirs4 ,the intensity and extensiveness of social affection thus in the first place depend upon the coherence and size of the social aggregate1 and its development must consequently be studied in connection with the evolution of such aggregates4 ,this evolution is largely influenced by economic conditions4 ,savages who know neither cattle-rearing nor agriculture1 but subsist on what nature gives them--game1 fish1 fruit1 roots1 and so forth--mostly live in single families consisting of parents and children1 or in larger #aii family groups including in addition a few other individuals closely allied4#ci ,but even among these savages the isolation of the families is not complete4 ,persons of the same stock inhabiting neighbouring districts hold friendly relations with one another1 and unite for the purpose of common defence4 ,when the younger branches of a family are obliged to disperse in search of food1 at least some of them remain in the neighbourhood of the parent family1 preserve their language1 and never quite lose the idea of belonging to one and the same social group4 ,and in some cases we find that people in the hunting or fishing stage actually live in larger communities1 and have a well-developed social organisation4 ,this is the case with many or most of the ,australian aborigines4 ,though in ,australia1 also1 isolated families are often met with1#dj the rule seems to be that the blacks live in hordes4 ,thus the ,arunta of ,central ,australia are distributed in a large number of small local groups1 each of which occupies a given area of country and has its own headman4#da ,every family1 consisting of a man and one or more wives and children1 has a separate lean-to of shrubs2#db but clusters of these shelters are always found in spots where food is more or less easily obtainable1#dc and the members of each group are bound together by a strong local feeling4#dd ,the local influence makes itself felt even outside the horde4 ,without belonging to the same group1 say ,messrs4 ,spencer and ,gillen1 men who inhabit localities close to one another are more closely associated than men living at a distance from one another1 and1 as a matter of fact1 this local bond is strongly marked4 4 4 4 ,groups which are contiguous locally are constantly meeting to perform ceremonies4#de ,at the time when the series of initiation ceremonies called the ,engwura are performed1 men and women gather together from all parts of the tribe1 councils of the elder #bjj men are held day by day1 the old traditions of the tribe are repeated and discussed1 and it is by means of meetings such as this1 that a knowledge of the unwritten history of the tribe and of its leading members is passed on from generation to generation4#df ,nay1 even members of different tribes often have friendly intercourse with each other2 in ,central ,australia1 when two tribes come into contact with one another on the border-land of their respective territories1 the same amicable feelings as prevail within the tribe are maintained between the members of the two4#dg ,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 plentiful1 or1 partly thanks to their boomerangs1 more easily attainable4 ,a ,central ,australian native is1 as a general rule1 well nourished2 kangaroo1 rock-wallabies1 emus1 and other forms of game are not scarce1 and often fall a prey to his spear and boomerang1 while smaller animals1 such as rats and lizards1 are constantly caught without any difficulty by the women4#dh ,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 ,thlinkets1 ,haidas1 ,nootkas1 and others4 ,on the shore of the sea or some river they have permanent houses1 each of which is inhabited by a number of families2#di the houses are grouped in villages1 some of which are very populous2#ej and though the tribal bond is not conspicuous for its strength1 there are councils which discuss and decide all important questions concerning the tribe4#ea ,the territory inhabited by these peoples1 with its bays1 sounds1 and rivers1 supplies them with food in abundance2 its enormous wealth of fish allows its inhabitants to enjoy a pampered existence4#eb ,footnote #ci3 ,westermarck1 op4 cit4 p4 #dc sqq4 ,hildebrand1 ,recht und ,sitte1 p4 #a sqq4 ,footnote #dj3 ,westermarck1 op4 cit4 p4 #de4 ,footnote #da3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #h sqq4 ,footnote #db3 ,ibid4 p4 #ah4 ,footnote #dc3 ,ibid4 p4 #ca4 ,footnote #dd3 ,ibid4 p4 #edd4 ,footnote #de3 ,ibid4 p4 #ad4 ,footnote #df3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #bgb4 ,footnote #dg3 ,ibid4 p4 #cb4 ,footnote #dh3 ,ibid4 pp4 #g1 #dd4 ,footnote #di3 ,boas1 in ,fifth ,report on the ,north-,western ,tribes of ,canada1 p4 #bb4 ,footnote #ej3 ,krause 7,die ,tlinkit-,indianer1 p4 #ajj7 speaks of a ,thlinket village which consisted of sixty-five houses and five or six hundred inhabitants4 ,footnote #ea3 ,boas1 loc4 cit4 p4 #cf sq4 ,footnote #eb3 ,ratzel1 ,history of ,mankind1 ii4 #ib4 #bja ,to pastoral people sociality1 up to a certain degree1 is of great importance4 ,they have not only to defend their own persons against their enemies1 but they have also to protect valuable property1 their cattle4 ,moreover1 they are often anxious to increase their wealth by robbing their neighbours of cattle1 and this is best done in company4 ,but at the same time a pastoral community is never large1 and1 though cohesive so long as it exists1 it is liable to break up into sections4 ,the reason for this is that a certain spot can pasture only a limited stock of cattle4 ,the thirteenth chapter of ,genesis well illustrates the social difficulties experienced by pastoral peoples4 ,abraham went up out of ,egypt together with his wife and all that he had1 and ,lot went with him4 ,abraham was very rich in cattle1 and ,lot also had flocks1 and herds1 and tents4 ,but the land was not able to bear them1 that they might dwell together3 for their substance was great1 so that they could not dwell together2 they were obliged to separate4#ec ,footnote #ec3 ,genesis1 xiii4 #a sqq4 ,see ,hildebrand1 op4 cit4 p4 #bi sq42 ,grosse1 ,die ,formen der ,familie1 pp4 #ii1 #ajj1 #abd sq4 ,the case is different with people subsisting on agriculture4 ,a certain piece of land can support a much larger number of persons when it is cultivated than when it consists merely of pasture ground4 ,its resources largely depend on the labour bestowed on it1 and the more people the more labour4 ,the soil also constitutes a tie which cannot be loosened4 ,it is a kind of property which1 unlike cattle1 is immovable2 hence even where individual ownership in land prevails1 the heirs to an estate have to remain together4 ,as a matter of fact1 the social union of agricultural communities is very close1 and the households are often enormous4#ed ,footnote #ed3 ,see ,grosse1 op4 cit4 p4 #acf sqq4 ,but living together is not the only factor which1 among savages1 establishes a social unit4 ,such a unit may be based not only on local proximity1 but on marriage or a common descent2 it may consist not only of persons who live together in the same district1 but of persons who are of the same family1 or who are1 or consider themselves to be1 #bjb of the same kin4 ,these different modes of organisation often1 in a large measure1 coincide4 ,the family is a social unit made up of persons who are either married or related by blood1 and at the same time1 in normal cases1 live together4 ,the tribe is a social unit1 though often a very incoherent one1#ee consisting of persons who inhabit the same district and also1 at least in many cases1 regard themselves as descendants of some common ancestor4 ,the clan1 which is essentially a body of kindred having a common name1 may likewise on the whole coincide with the population of a certain territory1 with the members of one or more hordes or villages4 ,this is the case where the husband takes his wife to his own community and descent is reckoned through the father1 or where he goes to live in his wife's community and descent is reckoned through the mother4 ,but frequently the system of maternal descent is combined with the custom of the husband taking his wife to his own home1 and this1 in connection with the rule of clan-exogamy1 occasions a great discrepancy between the horde and the clan4 ,the local group is then by no means a group of clansmen2 the children1 live in their father's community1 but belong to their mother's clan1 whilst the next generation of children within the community must belong to another clan4#ef ,footnote #ee3 ,see ,cunow1 ,die ,verwandtschafts-,organisationen der ,australneger1 p4 #aba1 n4 #a4 ,footnote #ef3 ,cf4 ,giddings1 ,principles of ,sociology1 p4 #bei4 ,kinship certainly gives rise to special rights and duties1 but when unsupported by local proximity it loses much of its social force4 ,among the ,australian natives1 for instance1 the clan rules seem generally to be concerned with little or nothing else than marriage1 sexual intercourse1 and1 perhaps1 blood-revenge4#eg ,the object of caste 7clan71 says ,mr4 ,curr1 is not to create or define a bond of union1 but to secure the absence of any blood relationship between #bjc persons proposed to marry4 ,so far from being a bond of friendship1 no ,black ever hesitates to kill one of another tribe because he happens to bear the same caste- 7clan-7 name as himself4#eh ,it appears that the system of descent itself is largely influenced by local connections4#ei ,sir ,e4 ,b4 ,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 only1 is proportionally large1 and that the full maternal system never appears among peoples whose exclusive custom is for the husband to take his wife to his own home2#fj and ,i have myself drawn attention to the fact that where the two customs1 the woman receiving her husband in her own hut and the man taking his wife to his1 occur side by side among the same people1 descent in the former case is traced through the mother1 in the latter through the father4#fa ,nay1 even where kinship constitutes a tie between persons belonging to different local groups1 its social force is ultimately derived not merely from the idea of a common origin1 but from near relatives' habit of living together4 ,men became gregarious by remaining in the circle where they were born2 if1 instead of keeping together with their kindred1 they had preferred to isolate themselves or to unite with strangers1 there would certainly be no blood-bond at all4 ,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 name1--and these associations might last even after the local tie was broken4 ,by means of the name former connections were kept up4 ,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 name2 and still greater is the influence which language in this respect exercises on the mind of a savage1 #bjd to whom a person's name is part of his personality4 ,the derivative origin of the social force in kinship accounts for its formal character1 when personal intercourse is wanting2 it may enjoin duties1 but hardly inspires much affection4 ,if in modern society much less importance is attached to kinship than at earlier stages of civilisation1 this is largely due to the fact that relatives1 except the nearest1 have little communication with each other4 ,and if1 as ,aristotle observes1 friendship between kinsfolk varies according to the degree of relationship1#fb it does so in the first instance on account of the varying intimacy of their mutual intercourse4 ,footnote #eg3 ,cunow1 op4 cit4 pp4 #ig1 #acf4 ,dr4 ,stirling says 7,report of the ,horn ,expedition to ,central ,australia1 ',anthropology1' p4 #dc7 that the laws arising out of the class 7clan7 divisions have extraordinary force and are1 in general1 implicitly obeyed whether in respect of actual marriage1 illicit connections1 or social relations2 but ,i find no further reference to these social relations4 ,footnote #eh3 ,curr1 ,the ,australian ,race1 i4 #fi4 ,footnote #ei3 ,westermarck1 op4 cit4 p4 #ajg sqq4 ,footnote #fj3 ,tylor1 ',method of ,investigating the ,development of ,institutions1' in ,jour4 ,anthr4 ,inst4 xviii4 #beh4 ,footnote #fa3 ,westermarck1 op4 cit4 p4 #aaj4 ,footnote #fb3 ,aristotle1 ,ethica ,nicomachea1 viii4 #ab4 #g4 ,a very different explanation of the social influence of kinship has been given by ,mr4 ,hartland4 ,he connects it with primitive superstition4 ,a clan1 he says1 is regarded as an unity1 literally and not metaphorically one body1 the individual members of which are as truly portions as the fingers or the legs are portions of the external1 visible body of each of them4 ,now1 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 once1 in outward appearance also1 formed a part1 and any injury done to it is supposed to affect the organism to which it belonged4 ,the individual member of a clan was in exactly the same position as a lock of hair cut from the head1 or an amputated limb4 ,he had no separate significance1 no value apart from his kin4 4 4 4 ,injury inflicted on him was inflicted on1 and was felt by1 the whole kin1 just as an injury inflicted on the severed lock or limb was felt by the bulk4#fc ,mr4 ,hartland insists upon a literal interpretation of his words2#fd 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 all4 ,footnote #fc3 ,hartland1 ,legend of ,perseus1 ii4 #bgg4 ,footnote #fd3 ,ibid4 ii4 #bcf1 #cih1 #ddd4 ,in support of his theory ,mr4 ,hartland makes reference to the belief of some savages1 that charms may be made from dead bodies against the surviving relatives of the deceased1#fe and to certain rites of healing in which1 besides the patient himself1 other members of his tribe1 presumably kinsmen1 take part4#ff ,but the former belief is a superstition connected with the wonder of death1 from which no conclusion must be drawn as #bje to relations between the living2 and in the ceremonies of healing the medicine-man plays a much more prominent part than the other bystanders--whose relationship to the patient1 besides1 is so little marked that ,mr4 ,hartland only presumes them to be kindred4 ,he further observes that in the wide-spread custom of the ,couvade we meet with the idea that the child1 being a part of the father1 is liable to be affected by various acts committed by him4#fg ,and from ,sir ,j4 ,g4 ,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 has1 in particular1 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 path4#fh ,but all these rules are taboo restrictions of a definite and altogether special kind1 generally1 it seems1 referring to members of the same family1 and frequently to wives in their husbands' absence4 ,in order to make his hypothesis acceptable1 ,mr4 ,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 manner1 that whatever affects one of them at the same time in a mysterious way affects the rest4 ,but we look in vain for a single well-established instance of such a belief4 ,footnote #fe3 ,ibid4 ii4 #dcg sq4 ,footnote #ff3 ,ibid4 ii4 #dcb sqq4 ,footnote #fg3 ,hartland1 ,legend of ,perseus1 ii4 #djf4 ,footnote #fh3 ,frazer1 ,golden ,bough1 i4 #bg sqq4 ,see also ,haddon1 ,magic and ,fetishism1 p4 #aa sq4 ,it seems that the importance which savages attach to a common blood has been much exaggerated4 ,clanship is based on a method of counting descent by means of names1 either through the father or through the mother1 but not through both at once4 ,this1 however1 by no means implies that the other line is not recognised as a line of blood-relationship4 ,the paternal system of descent is not necessarily associated with the idea that the mother has no share in parentage1 nor is the maternal system necessarily associated with unconsciousness of the child's relation to its father2#fi even the ,couvade1 which assumes the recognition of a most intimate relationship between the child and its father1 has been found to prevail among some peoples who regard the child as a member of the mother's clan4#gj ,nay1 there are instances in which the clan-bond is obviously #bjf not regarded as a blood-bond at all1 in the strict sense of the word4 ,of some tribes in ,new ,south ,wales ,mr4 ,cameron tells us that1 although a daughter belongs not to her father's clan but to that of her mother's brother1 they believe that she emanates from her father solely1 being only nurtured by her mother2#ga and the ,arunta of ,central ,australia1 who have the paternal system of descent1 maintain that a child really descends neither from its father nor from its mother1 but is the reincarnation of a mythical totem-ancestor4#gb ,their theory is that the child is not the direct result of intercourse1 that it may come without this1 which merely1 as it were1 prepares the mother for the reception and birth also of an already-formed spirit child who inhabits one of the local totem centres2#gc and its totem-name1 which is derived from the spot where it is supposed to have been conceived1#gd is different from its clan-name4 ,it is useful to scrutinise ,mr4 ,hartland's theory in the light of this class of facts4 ,they evidently prove that clanship and what we are used to call the system of counting descent1 is not necessarily based on the notion of actual blood-relationship1 but on kinship as a fact combined with a name2 whereas ,mr4 ,hartland's hypothesis presupposes1 not that the members of a clan really are1 but that they consider themselves to be all of one blood4 ,footnote #fi3 ,mr4 ,swan informs me that the ,waguha of ,west ,tanganyika1 among whom children are generally named after their father1 recognise the part taken by both parents in generation2 and ,archdeacon ,hodgson writes the same concerning certain other tribes of ,eastern ,central ,africa1 who trace descent through the mother4 ,footnote #gj3 ,ling ,roth1 ',signification of ,couvade1' in ,jour4 ,anthr4 ,inst4 xxii4 #bbg1 #bch4 ,footnote #ga3 ,cameron1 ',notes on some ,tribes of ,new ,south ,wales1' in ,jour4 ,anthr4 ,inst4 xiv4 #ceb4 ,footnote #gb3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 ch4 iv4 especially pp4 #aba1 #abd4 ,footnote #gc3 ,ibid4 p4 #bfe4 ,footnote #gd3 ,ibid4 p4 #abd sqq4 ,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-covenant4 ,the members of a clan1 ,mr4 ,hartland observes1 may not be all descended from a common ancestry4 ,though descent is the normal1 the typical cause of kinship and a common blood1 kinship may also be acquired4 ,to acquire kinship1 the blood of the candidate for admission into the kin must be mingled with that of the kin4 ,in this way he enters into the brotherhood1 is reckoned as of the same stock1 obtains the full privileges of a kinsman4#ge ,as ,professor ,robertson ,smith puts it1 he who has drunk a clansman's blood is no longer a stranger but a brother1 and included in the mystic circle of those who have a share in the life-blood that is common to all the clan4#gf ,mr4 ,hartland gives us a short account of the rite3--,it is sufficient that an incision be made in the neophyte's arm and the flowing blood sucked from it by one of the clansmen1 upon whom the #bjg operation is repeated in turn by the neophyte4 ,originally1 perhaps1 the clansmen all assembled and partook of the rite2 but if so1 the necessity has ceased to be recognised almost everywhere4 ,the form1 indeed1 has undergone numberless variations4 4 4 4 ,but1 whatever may be the exact form adopted1 the essence of the rite is the same1 and its range is world-wide4 ,then there follows a list of peoples from various quarters of the world among whom it is said to prevail4#gg ,footnote #ge3 ,hartland1 op4 cit4 ii4 #bcg4 ,footnote #gf3 ,robertson ,smith1 ,religion of the ,semites1 p4 #cae4 ,footnote #gg3 ,hartland1 op4 cit4 #bcg sqq4 ,from this the reader undoubtedly gets the impression that the mingling of blood is a frequently practised ceremony of adoption1 by which a person is admitted into a strange clan4 ,but the facts stated by the chief authorities on the subject1 to whom ,mr4 ,hartland refers1 prove nothing of the kind4 ,in most cases with which we are acquainted the mingling of blood is a form of covenant between individuals1 although an engagement with a chief or king naturally embraces his subjects also2 and sometimes the covenanters are tribes or kingdoms4 ,but of the world-wide adoption rite there is hardly a single instance which corresponds to ,mr4 ,hartland's description4 ,he admits himself that in the same measure as the clan relaxed its hold upon the individual members1 blood-brotherhood assumed a personal aspect1 until1 having no longer any social force1 it came to be regarded as merely the most solemn and binding form of covenant between man and man4#gh ,his account of the blood-covenant is1 in fact1 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 limb4 ,but to regard the present blood-covenant as a survival of a previous rite of adoption into the clan is not justified by facts4 ,so far as ,i know1 there is no record of a blood-covenant among savages of the lowest type1 unless the aborigines of ,australia be included among them2 and in ,australia it is certainly not a ceremony of adoption4 ,among the ,arunta it is intended to prevent treachery3 if1 for example1 an ,alice ,springs party wanted to go on an avenging expedition to the ,burt country1 and they had with them in camp a man of that locality1 he would be forced to drink blood with them1 and1 having partaken of it1 would be bound not to aid his friends by giving them warning of their danger4#gi ,this instance is instructive4 ,the ,australian native is obliged to help those with whom he has drunk blood against his own relatives1 nay1 against members of his own totem group4 ,so also the tie #bjh of blood-covenanting is reckoned in the ,east even a closer tie than that of natural descent1#hj and the same was the case among the ancient ,scandinavians4#ha ,i do not see how ,mr4 ,hartland's theory can account for this4 ,footnote #gh3 ,ibid4 ii4 #bdj4 ,footnote #gi3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #dfa4 ,footnote #hj3 ,trumbull1 ,blood ,covenant1 p4 #aj4 ,footnote #ha3 ,maurer1 ,bekehrung des ,norwegischen ,stammes1 ii4 #aga4 ,mingling of blood is sometimes supposed to be a direct cause of mutual sympathy and agreement1 in accordance with the principle of transmission of properties by contact2#hb 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 inoculated4#hc ,but the genuine blood-covenant imposes duties on both parties1 and also contains the potential punishment for their transgression4 ,it involves a promise1 and the transference of blood is vaguely or distinctly supposed to convey to the person who drinks it1 or who is inoculated with it1 a conditional curse which will injure or destroy him should he break his promise4 ,that this is the main idea underlying the blood-covenant appears from the fact that it is regularly accompanied by curses or self-imprecations4#hd ,in ,madagascar1 for instance1 when two or more persons have agreed on forming the bond of fraternity1 a fowl is procured1 its head is nearly cut off1 and it is left in this state to continue bleeding during the ceremony4 ,the parties then pronounce a long imprecation and mutual vow over the blood1 saying1 inter alia ,o this miserable fowl weltering in its blood6 thy liver do we eat1 thy liver do we eat2 and should either of us retract from the terms of this oath1 let him instantly become a fool1 let him instantly become blind1 let this covenant prove a curse to him4 ,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 oath4#he ,according to another description the parties1 after they have drunk each other's blood1 drink a mixture from the same bowl1 praying that it may turn into #bji poison for him who fails to keep the oath4#hf ,as we have seen before1 blood is commonly regarded as a particularly efficient conductor of curses1 and what could in this respect be more excellent than the blood of the very person who utters the curse8 ,but the blood of a victim sacrificed on the occasion may serve the same purpose1 or some other suitable vehicle may be chosen to transfer the imprecation4 ,the ,masai in the old days spat at a man with whom they swore eternal friendship2#hg and the meaning of this seems clear when we hear that they spit copiously when cursing1 and that if a man while cursing spits in his enemy's eyes1 blindness is supposed to follow4#hh ,the ancient ,arabs1 besides swearing alliance and protection by dipping their hands in a pan of blood and tasting the contents1 had a covenant known as the h4ilf al-fod4l1 which was made by taking ,zemzem water and washing the corners of the ,ka7ba with it1 whereafter it was drunk by the parties concerned4#hi ,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 saint1 the meaning of which is obvious from the phrase that the food will repay him who breaks the compact4#ij ,footnote #hb3 ,cf4 ,crawley1 ,mystic ,rose1 p4 #bcf sq4 ,footnote #hc3 von ,wlislocki1 ',menschenblut im ,glauben der ,zigeuner1' in ,am ,ur-,quell1 iii4 #fd4 ,drfler1 ',das ,blut im magyarischen ,volkglauben1' ibid4 iii4 #bfi sq4 ,footnote #hd3 ,forbes1 ,a ,naturalist's ,wanderings in the ,eastern ,archipelago1 p4 #deb 7natives of ,timor74 ,burns1 ',kayans of the ,north-,west of ,borneo1' in ,jour4 of the ,indian ,archipelago1 iii4 #adf sq4 ,new1 ,life1 ,wanderings1 and ,labours in ,eastern ,africa1 p4 #cfd 7,taveta74 ,decle1 ,three ,years in ,savage ,africa1 p4 #did 7,wakamba74 ,trumbull1 op4 cit4 pp4 #i1 #bj1 #ca1 #db1 #de-dg1 #ec1 #fa sq4 ,for the practice of sealing an agreement by transference of blood accompanied by an oath1 see also ,partridge1 ,cross ,river ,natives1 p4 #aia 7pagans of ,obubura ,hill district in ,southern ,nigeria74 ,footnote #he3 ,ellis1 ,history of ,madagascar1 #ahg sqq4 ,footnote #hf3 ,dumont d',urville1 ,voyage pittoresque autour du monde1 i4 #ha4 ,footnote #hg3 ,hinde1 ,last of the ,masai1 p4 #dg4 ,see also ,johnston1 ,uganda1 ii4 #hcc4 ,footnote #hh3 ,hinde1 op4 cit4 p4 #dh4 ,footnote #hi3 ,robertson ,smith1 ,marriage and ,kinship in ,early ,arabia1 p4 #ef sqq4 ,cf4 ,herodotus1 iii4 #h4 ,footnote #ij3 ,see supra1 i4 #ehg4 ,according to another theory the inoculated blood is regarded as a pledge or deposit1 which compels the person from whom it was drawn to be faithful to the person to whom it was transferred4 ,suppose that two individuals1 ,a and ,b1 become blood-brothers by mutual inoculation4 ,each1 then1 ,mr4 ,crawley argues 7,mystic ,rose1 p4 #bcf sq471 has a part of the other in his keeping1 each has given himself away to the other in a very real sense2 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 himself1 and also by the belief that if ,b is wronged he may work vengeance by injuring the part of ,a which he possesses4 ,to this explanation1 however1 serious objections may be raised4 ,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 ,b2 it does not imply that two things which have once been conjoined remain1 when quite dissevered from each other1 in such a relation that whatever is done to the one must similarly affect the other 7,frazer1 ,golden ,bough1 i4 #di71 unless there is an intention to this effect in the agent4 ,the severed part then serves as a medium by which magic influence is transferred to the whole4 ,again1 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 system1 as must be the case with those few drops of ,a's blood with which he was inoculated4 ,besides marriage1 local proximity1 and a common descent1 a common worship may tie people together into #baj social union4 ,but among savages a religious community generally coincides with a community of some other kind4 ,there are tutelary gods of families1 clans1 and tribes2#ia and a purely local group may also form a religious community by itself4 ,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 worship4 ,if they are nature-gods they are bound up with the natural objects they animate1 if they are ghost-gods they are localised by the place of sepulture1 and if they are tutelary deities whose origin has been forgotten their position is necessarily fixed by that of the town1 village1 or family they protect2 in any case they are worshipped only by those who live in the neighbourhood1 the only exceptions being the sky-god1 the earthquake-god1 and the goddess of the silkcotton trees1 who are worshipped everywhere4#ib ,footnote #ia3 ,see infra1 ch4 l4 ,footnote #ib3 ,ellis1 ,yoruba-speaking ,peoples of the ,slave ,coast1 p4 #bhd sq4 ,for various instances of village gods see ,turner1 ,samoa1 p4 #ah2 ,crozet1 ,voyage to ,tasmania1 c4 p4 #de 7,maoris72 ,christian1 ,caroline ,islands1 p4 #ge 7natives of ,ponape72 ,grierson1 ,bihar ,peasant ,life1 p4 #djc sqq4 ,when the religious community is thus at the same time a family1 clan1 village1 or tribe1 it is of course impossible exactly to distinguish the social influence of the common religion from that exercised by marriage1 local proximity1 or a common descent4 ,it seems1 however1 that the importance of the religious bond1 or at least of the totem bond1 has been somewhat exaggerated by a certain school of anthropologists4 ,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 worshippers4#ic ,but no satisfactory evidence has ever been given in support of this theory4 ,sir ,j4 ,g4 ,frazer knows only one certain case of a totem sacrament1 namely1 that prevalent among the ,arunta and some other tribes in ,central ,australia1#id who at the time of ,intichiuma are in the habit of killing and eating totem animals2 and this practice has nothing whatever #baa to do with the mutual relations between kindred4 ,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 groups4#ie ,in his book on ,totemism ,frazer writes3--,the totem bond is stronger than the bond of blood or family in the modern sense4 ,this is expressly stated of the clans of western ,australia and of north-western ,america1 and is probably true of all societies where totemism exists in full force4 ,hence in totem tribes every local group1 being necessarily composed 7owing to exogamy7 of members of at least two totem clans1 is liable to be dissolved at any moment into its totem elements by the outbreak of a blood feud1 in which husband and wife must always 7if the feud is between their clans7 be arrayed on opposite sides1 and in which the children will be arrayed against either their father or their mother1 according as descent is traced through the mother1 or through the father4#if ,in the two or three cases which ,frazer quotes in support of his statement#ig the totemic group is identical with the clan2 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 descent4 ,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 authorities4 ,with reference to the ,australian aborigines ,mr4 ,curr observes3--,of the children of one father being at war with him1 or with each other1 on the ground of maternal relationship1 or any other ground1 my inquiries and experience supply no instances4 ,to ,captain ,grey's statements1 indeed1 there are several objections4#ih ,footnote #ic3 ,hartland1 op4 cit4 ii4 #bcf4 ,footnote #id3 ,frazer1 ,golden ,bough1 i4 p4 xix4 ,cf4 ,idem1 ,totemism and ,exogamy1 iv4 #bcj sqq4 ,footnote #ie3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 ch4 vi4 ,iidem1 ,northern ,tribes of ,central ,australia1 ch4 ix4 sq4 ,footnote #if3 ,frazer1 ,totemism1 p4 #eg4 ,footnote #ig3 ,grey1 ,journals of ,expeditions in ,north-,west and ,western ,australia1 ii4 #bcj4 ,petroff1 ,report on ,alaska1 p4 #afe4 ,hardisty1 ',loucheux ,indians1' in ,smithsonian ,report1 #ahff1 p4 #cae4 ,footnote #ih3 ,curr1 ,the ,australian ,race1 i4 #fg4 ,in ,hardisty's statement1 referring to the ,loucheux ,indians1 there is a conspicuous lack of definiteness4 ,he says3--,in war it was not tribe against tribe1 but division against division1 and as the children were never of the same caste 7clan7 as the father1 the children would1 of course1 be against the father and the father against the children4 4 4 4 ,this1 however1 was not likely to occur very often1 as the worst of parents would have naturally preferred peace to war with his own children4 ,petroff's passage concerning the ,thlinkets1 referred to by ,sir ,j4 ,g4 ,frazer1 simply runs3--,the ties of the totem or clanship are considered far stronger than those of blood relationship4 #bab ,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 clanship1 the division into totems being quite independent of the clan system4 ,the whole district of a tribe may be mapped out into a large number of areas of various sizes1 each of which centres in one or more spots where1 in the dim past1 certain mythical ancestors are said to have originated or camped during their wanderings1 and where their spirits are still supposed to remain1 associated with sacred stones1 which the ancestors used to carry about with them4 ,from these spirits have sprung1 and still continue to spring1 actual men and women1 the members of the various totems being their reincarnations4 ,at the spots where they remained1 the ancestral spirits enter the bodies of women1 and in consequence a child must belong to the totem of the spot at which the mother believes that it was conceived4 ,a result of this is that no one totem is confined to the members of a particular clan or sub-clan1#ii and that though most members of a given horde or local group belong to the same totemic group1 there is no absolute coincidence between these two kinds of organisation4#ajj ,how1 then1 does the fact that two persons belong to the same totem influence their social relationships8 ,in these tribes1 say ,messrs4 ,spencer and ,gillen1 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 belong4 4 4 4 ,the men to assist a particular man in a quarrel are those of his locality1 and not of necessity those of the same totem as himself1 indeed the latter consideration does not enter into account and in this as in other matters we see the strong #bac development of what we have called the 'local influence4' 4 4 4 ,the men who assist him are his brothers1 blood and tribal1 the sons of his mother's brothers1 blood and tribal4 ,that is1 if he be a ,panunga man he will have the assistance of the ,panunga and ,ungalla men of his locality1 while if it comes to a general fight he will have the help of the whole of his local group4 4 4 4 ,it is only indeed during the performance of certain ceremonies that the existence of a mutual relationship1 consequent upon the possession of a common totemic name1 stands out at all prominently4 ,in fact1 it is perfectly easy to spend a considerable time amongst the ,arunta tribe without even being aware that each individual has a totemic name4#aja ,footnote #ii3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 ch4 iv4 ,footnote #ajj3 ,ibid4 pp4 #i1 #cb1 #cd4 ,footnote #aja3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 pp4 #cd1 #edd4 ,when from the savage and barbarous races of men we pass to peoples of a higher culture1 as they first appear to us in the light of history1 we meet among them social units similar in kind to those prevalent at lower stages of civilisation3 the family1 clan1 village1 tribe4 ,we also find among them1 side by side with the family consisting of parents and children1 a larger family organisation1 which1 though not unknown among the lower races1 assumes particular prominence in the archaic ,state4 ,in ,china the family generally remains undivided till the children of the younger sons are beginning to grow up4 ,then the younger branches of the family separate1 and form their own households4 ,but the new householders continue to take part in the ancestral worship of the old home2 and mourning is worn in theory for four generations of ascendants and descendants in the direct line1 and for contemporaries descended in the same fifth generation from the honoured head of the family4#ajb ,at the same time we find in ,china at least traces of a clan organisation4 ,large bodies of persons bear the same surname1 and a penalty is inflicted on anyone who marries a person with the same surname as his own1 whilst a man is strictly forbidden to nominate as his heir #bad an individual of a different surname4#ajc ,moreover1 there are whole villages composed of relatives all bearing the same ancestral name4 ,in many cases1 says ,mr4 ,doolittle1 for a long period of time no division of inherited property is made in rural districts1 the descendants of a common ancestor living or working together1 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 branches4 4 4 4 ,there may be only one head of the clan4 ,under him there are several heads of families4#ajd ,footnote #ajb3 ,simcox1 ,primitive ,civilizations1 ii4 #cjc1 #dic1 #fi4 ,footnote #ajc3 ,medhurst1 ',marriage1 ,affinity1 and ,inheritance in ,china1' in ,trans4 ,roy4 ,asiatic ,soc4 ,china ,branch1 iv4 #ba1 #bb1 #bi4 ,footnote #ajd3 ,doolittle1 ,social ,life of the ,chinese1 ii4 #bbe sqq4 ,the four generations of the ,chinese1 comprising those who are regarded as near relatives1 have their counterpart in the family organisation of most so-called ,aryan peoples4 ,the ,roman ,propinqui--that is1 parents and children1 brothers and sisters1 uncles and aunts1 nephews and nieces1 first cousins 7consobrini7 and second cousins 7sobrini7--exactly corresponded to the ,anchisteis of the ,greeks1 the ,sapindas of the ,hindus1#aje and the ,syngeneis of the ,persians4#ajf ,the persons belonging to these four generations stood in a particularly close relationship to each other4 ,they had mutual rights and duties of various kinds4 ,in early times1 if one of them was killed1 the survivors had to avenge his death4 ,they were expected to assist each other whenever it was needed1 especially before the court4 ,they celebrated in common feasts of rejoicing and feasts for the dead4 ,they had a common cult and common mourning4 ,in short1 they formed an enlarged family unit of which the individual families were merely sub-branches1 even though #bae they did not necessarily live in the same house4#ajg ,in ,india we still meet with a perishable survival of this organisation4 ,in the ,joint ,family of the ,hindus1 says ,sir ,henry ,maine1 4 4 4 4 the agnatic group of the ,romans absolutely survives--or rather1 but for the ,english law and ,english courts1 it would survive4 ,here there is a real1 thoroughly ascertained common ancestor1 a genuine consanguinity1 a common fund of property1 a common dwelling4#ajh ,the ,gwentian1 ,dimetian1 and ,venedotian codes likewise represent the homestead and land of the free ,welshman as a family holding4 ,so long as the head of the family lived1 says ,mr4 ,seebohm1 all his descendants lived with him1 apparently in the same homestead1 unless new ones had already been built for them on the family land4 ,in any case1 they still formed part of the joint household of which he was the head4 ,when a free tribesman1 the head of a household1 died1 his holding was not broken up4 ,it was held by his heirs for three generations as one joint holding4#aji ,so also among the subdivisions of ancient ,irish society there was one which comprised the near relatives1 the ,propinqui of the ,romans4#aaj ,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 more1 who are blood-relations to the second or third degree on the male side1 and who associate in a common dwelling or group of dwellings1 having their land in common1 following a common occupation1 and being governed by a common chief4#aaa ,among the ,russians1 #baf too1 there are households of this kind1 containing the representatives of three generations2 and previous to the emancipation of the serfs in #ahfa such households were much more common than they are now4#aab ,the ancient ,teutons are the only ,aryan race among whom the joint family organisation cannot be proved to have prevailed4#aac ,footnote #aje3 ,baudhyana1 i4 #e4 #aa4 #i3--,the great-grandfather1 the grandfather1 the father1 oneself1 the uterine brothers1 the son by a wife of equal caste1 the grandson1 and the great-grandson--these they call ,sapindas1 but not the great-grandson's son4 ,laws of ,manu1 ix4 #ahf3--,to three ancestors water must be offered1 to three the funeral cake is given1 the fourth descendant is the giver of these oblations1 the fifth has no connection with them4 ,cf4 ,jolly1 ',recht und ,sitte1' in ,bhler1 ,grundriss der indo-arischen ,philologie1 ii4 #he4 ,footnote #ajf3 ,brissonius1 ,de regio ,persarum principatu1 i4 #bjg1 p4 #bgi4 ,leist1 ,alt-arisches ,jus ,civile1 i4 #dg sqq4 ,footnote #ajg3 ,klenze1 ',die ,cognaten und ,affinen nach ,rmischem ,rechte in ,vergleichung mit andern verwandten ,rechten1' in ,zeitschr4 f4 geschichtliche ,rechtswiss4 vi4 #e sqq4 ,leist1 ,alt-arisches ,jus ,civile1 i4 #bca sqq4 ,rivier1 ,prcis du droit de famille romain1 p4 #cd sqq4 ,footnote #ajh3 ,maine1 ,dissertations on ,early ,law and ,custom1 p4 #bdj4 ,footnote #aji3 ,seebohm1 ,english ,village ,community1 p4 #aic4 ,idem1 ,tribal ,system in ,wales1 p4 #hi sqq4 ,footnote #aaj3 ,maine1 ,early ,history of ,institutions1 p4 #ij sq4 ,leist1 ,alt-arisches ,jus ,civile1 i4 ,anhang i4 ,footnote #aaa3 ,krauss1 ,sitte und ,brauch der ,sdslaven1 pp4 #ge1 #gi sqq4 ,maine1 ,dissertations on ,early ,law and ,custom1 p4 #bda sqq4 ,utievsenovi'c1 ,die ,hauskommunionen der ,sdslaven1 p4 #bj sqq4 ,miler1 ',die ,hauskommunion der ,sdslaven1' in ,jahrbuch d4 internat4 ,vereinigung f4 vergl4 ,rechtswiss4 iii4 #aii sqq4 ,footnote #aab3 ,mackenzie ,wallace1 ,russia1 i4 #acd4 von ,hellwald1 ,die menschliche ,familie1 p4 #ejf sq4 ,kovalewsky1 ,modern ,customs and ,ancient ,laws of ,russia1 p4 #ec sq4 ,footnote #aac3 ,see ,leist1 ,alt-arisches ,jus ,civile1 i4 ,anhang i4 ,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 households4 ,the ,vedic people called such a body of kindred janmana or simply grama1 which means village2#aad and the same organisation still survives in ,india1 though in a modified form4 ,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 society1 providing for the management of the common fund and generally also for internal government1 police1 the administration of justice1 and the apportionment of taxes and public duties4 ,unlike the joint family1 the related families of the village community no longer hold their land as an indistinguishable common fund3 they have portioned it out1 at most they redistribute it periodically1 and are thus on the high road to modern landed proprietorship4 ,and whilst the joint family is a narrow circle of persons actually related to each other1 the village community has very generally been adulterated by the admission of strangers1 especially purchasers of shares1 who have from time to time been engrafted on the original stock of blood-relatives4 ,yet in all such cases there is the assumption of an original common parentage2 hence the ,hindu village community of the type indicated1 whenever it is not actually an association of kinsmen1 is always a body of co-proprietors formed on the model of such an association4#aae ,footnote #aad3 ,zimmer1 ,altindisches ,leben1 p4 #aei sq4 ,footnote #aae3 ,maine1 ,ancient ,law1 p4 #bfj sqq4 ,idem1 ,dissertations on ,early ,law and ,custom1 p4 #bdj4 ,elphinstone1 ,history of ,india1 p4 #fh sqq4 ,mr4 ,baden-,powell 7,indian ,village ,community1 p4 #c sqq47 has shown that ,sir ,henry ,maine's general description of ,indian village communities holds true only of a certain class of villages in ,india4 #bag ,corresponding to the ,vedic grama there were the ,iranian vi1 the ,greek genos1 and the ,roman gens2 and as among the ,vedic people several gramas formed a vi and several vis a jana1#aaf so the ,iranian vi1 the ,greek genos1 and the ,roman gens were1 respectively1 subdivisions of a zantu1 phratria1 and curia2 and these again were subdivisions of a still more comprehensive unit1 a daqyu1 phyle1 and tribus4#aag ,the ,roman territory was in earliest times divided into a number of clan-districts1 each inhabited by a particular gens1 which was thus a group associated at once by locality and by a common descent4 ,whilst each household had its own portion of land1 the clan-household or village had a clan-land belonging to it1 and this clan-land was managed up to a comparatively late period after the analogy of household-land1 that is1 on the system of joint-possession1 each clan tilling its own land and thereafter distributing the produce among the several households belonging to it4 ,even the traditions of ,roman law furnish the information that wealth consisted at first in cattle and the usufruct of the soil1 and that it was not till later that land came to be distributed among the burgesses as their own special property4#aah ,still in historical times1 if a person left no sons or agnates living at his death1 the inheritance escheated to the gentiles1 or entire body of ,roman citizens bearing the same name with the deceased1 whereas no part of it was given to any relative united1 however closely1 with the dead man through female descent4#aai ,but as the ,hindu village community1 so also the ,roman gens1 though originally a group of blood-relatives inhabiting a common district1 was already in early times recruited from men of alien extraction who were assumed to be descended from a common ancestor4 ,and it is difficult to believe #bah 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 gentes1 phratries1 and tribes was adopted by the ,state as a system of political division and their numbers were fixed4#abj ,when the genos and gens first appear to us in history they were mere dwindling survivals1 except in one respect3 they remained1 as they had been from the outset1#aba religious communities long after they had lost all other practical importance4 ,this was especially the case at ,athens1 where certain reputed gentes for centuries continued to play a prominent part in the religious cult2#abb and the ,romans seem to have preserved their gentilicia sacra still in ,cicero's time4#abc ,footnote #aaf3 ,zimmer1 op4 cit4 p4 #aei sq4 ,footnote #aag3 ,leist1 ,grco-italische ,rechtsgeschichte1 p4 #ajd sq4 ,footnote #aah3 ,mommsen1 ,history of ,rome1 i4 #de1 #df1 #bch4 ,footnote #aai3 ,maine1 ,ancient ,law1 p4 #bbj sq4 ,fustel de ,coulanges1 ,la ,cit antique1 p4 #abf4 ,footnote #abj3 ,leist1 ,grco-italische ,rechtsgeschichte1 p4 #aej sqq4 ,it is expressly said that at ,athens the members of the same ,greek3 ge_/nos were not necessarily regarded as blood-relations 7see ,bunsen1 ,de jure hereditario ,atheniensium1 p4 #ajd1 n4 #bh74 ,footnote #aba3 ,schoemann1 ,griechische ,alterthmer1 ii4 #edh sqq4 ,marquardt1 ,rmische ,staatsverwaltung1 iii4 #abf1 #acj4 ,fustel de ,coulanges1 op4 cit4 p4 #abd sqq4 ,footnote #abb3 ,leist1 ,grco-italische ,rechtsgeschichte1 p4 #aei sq4 ,footnote #abc3 ,cicero1 ,pro domo1 #ac 7#cd74 ,in ancient ,wales districts were occupied by tribes under their petty kings or chiefs1 and the tribe 7cenedl7 was a bundle of kindreds bound together and interlocked by common interests and frequent intermarriages1 as well as by the necessity of mutual protection against foreign foes4#abd ,a group of households1 again1 corresponding to the ,roman gens formed a trev1 which was a cluster of scattered households1 not necessarily a village in the modern sense4#abe ,the same seems to have been the case with the ,teutonic vici1 spoken of by ,tacitus2#abf but that among the ,teutons1 also1 the people of the same neighbourhood were blood-relatives may be directly inferred from a statement made by ,csar4#abg ,they were not much addicted to agriculture1#abh and the dreary world they inhabited1 with its desert aspect1 its harsh climate1 its lack of cultivation1 was not #bai favourable to the formation of permanent large social bodies of great cohesiveness4 ,however1 we meet among them social units which ,csar calls regiones or pagi#abi of which the vici may be assumed to have been subdivisions4 ,among the highly agricultural ,slavonians1 on the other hand1 we find even in the present time a social organisation very similar to that of the ,hindus4 ,the ,south ,slavonians1 as we have seen1 live in house communities corresponding to the joint families in ,india4 ,now1 when the members of a house community1 or zadruga--as it is often called--become too numerous1 a separation takes place1 and the emigrants form new households by themselves4 ,a zadruga is thus gradually expanded into a bratstvo1 or brotherhood--a group of related house communities which not only feel themselves as branches of the same stock1 but still have certain practical interests in common and a common chief4 ,several bratstva1 finally1 form a pleme1 or tribe4#acj ,among the ,russians1 again1 the family1 or joint family1 has developed into a mir1 or village community1 composed of an assemblage of separate houses each ruled by its own head1 but with a common village chief elected by the heads of the various households4 ,the ,russian mir is an institution very similar to the ,hindu village community described above4 ,the land belongs to the community1 and in earlier days it was probably cultivated in common4 ,at present it is divided between the component families1 the lots shifting among them periodically1 or perhaps vesting in them as their property1 but always subject to a power in the collective body of villagers to veto its sale4 ,originally the mir was also a group of kindred2 but1 as in the ,hindu village community1 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 lost4#aca ,footnote #abd3 ,seebohm1 ,english ,village ,community1 p4 #aij4 ,idem1 ,tribal ,system in ,wales1 p4 #fa4 ,footnote #abe3 ,idem1 ,english ,village ,community1 p4 #cdc4 ,footnote #abf3 ,tacitus1 ,germania1 #af4 ,cf4 ,hildebrand1 op4 cit4 p4 #aje sqq4 ,footnote #abg3 ,csar1 ,de bello ,gallico1 vi4 #bb3--,magistratus ac princeps in annos singulos gentibus cognationibusque hominum1 qui una coierint1 quantum1 et quo loco visum est1 agri attribuunt4 ,footnote #abh3 ,ibid4 vi4 #bb4 ,footnote #abi3 ,csar1 ,de bello ,gallico1 vi4 #bc4 ,footnote #acj3 ,krauss1 op4 cit4 pp4 #b1 #cb sqq4 von ,hellwald1 op4 cit4 p4 #ejb sq4 ,grosse1 op4 cit4 p4 #bjd sq4 ,footnote #aca3 de ,laveleye1 ,de la proprit1 p4 #ab sqq4 ,maine1 ,dissertations on ,early ,law and ,custom1 p4 #bfa sq4 ,in the social organisation of all these peoples there is #bbj thus originally a general congruity between the principle of local proximity and the principle of descent4 ,on the one hand1 all freemen1 all true members of the society1 who belong to the same local group1 are at the same time kinsmen2 on the other hand1 all persons who are united by the tie of a common descent belong to the same or neighbouring local groups4 ,the cause of this congruity is the universal prevalence of the paternal system of descent4 ,whether the case was different in prehistoric times is an open question4 ,that the ancient ,chinese reckoned kinship through the mother1 not through the father1 has been conjectured on philological grounds1#acb as to the plausibility of which ,i can express no opinion4 ,several writers have also endeavoured to prove that the uterine line of descent prevailed among the primitive ,aryans1 but the evidence is far from being conclusive4 ,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 doubtful1 if not false4#acc ,as regards the ,teutons1 much importance has been attributed to the specially close connection which1 according to ,tacitus1 existed between a sister's children and their mother's brothers2#acd but1 as ,professor ,schrader remarks1 in spite of the prominent position of the maternal uncle among ,teutonic peoples1 the patruus distinctly came before the avunculus1 the agnates before the cognates1 in testamentary succession4#ace ,the existence of a custom which in some respect recognises uterine relationship does not prove the earlier prevalence of the full maternal system of descent1 to the exclusion of the paternal4 ,footnote #acb3 ,puini1 quoted by ,grosse1 op4 cit4 p4 #aic4 ,footnote #acc3 ,leist1 ,alt-arisches ,jus ,gentium1 p4 #eh4 ,idem1 ,alt-arisches ,jus ,civile1 i4 #dij4 ,footnote #acd3 ,tacitus1 ,germania1 #bj4 ,footnote #ace3 ,schrader1 ,prehistoric ,antiquities of the ,aryan ,peoples1 p4 #cie4 ,progress in civilisation is up to a certain point connected with social expansion4 ,among savages the largest permanent social unit is generally the tribe1 and even the tribal bond is often very loose1 if not entirely wanting4 ,it is true that associations of tribes occur even among so #bba low a race as the ,australian aborigines1 but unaccompanied by any kind of political organisation4#acf ,at a somewhat higher stage we meet with the famous league of the ,iroquois--a federation on republican principles of five distinct tribes1 which could point to three centuries of uninterrupted domestic unity and peace#acg--;and the kingdoms of various ,african potentates4 ,civilisation only thrives in states4 ,from small beginnings round the lake of ,mexico the ,aztecs gradually succeeded1 through conquest1 in forming an empire which covered probably almost sixteen thousand square leagues4 ,however1 between the various tribes lay broad belts of uninhabited territory1 which enabled them to keep up a shy and exclusive attitude towards each other2 and at the time of the ,spanish conquest the empire of ,mexico was1 in fact1 little more than a chain of intimidated ,indian tribes1 who1 kept apart from each other under the influence of mutual timidity1 were held down by dread of attacks from an unassailable robber-stronghold in their midst4#ach ,in ,south ,america1 in a long course of ages1 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 ,titicaca4 ,when increasing population brought them in contact with each other1 a struggle for supremacy ended in the mastery of the fittest--the ,incas2 and the empire of the latter was subsequently extended by the subjugation of a variety of other nations or tribes4#aci ,the extent of territory claimed for ancient ,china by the earliest records is more than double the size of modern ,france1 and1 though it was often divided into different states1 the great dynasties ruled over the whole of it4#adj ,the two crowns of ,upper and ,lower ,egypt were united at a #bbb very early date2 and no less imposing was the great kingdom of ,babylon and ,assur4 ,we may assume that all these empires were formed by an association1 either voluntary or forcible1 of different tribes1 as was the case with those states with whose origin and early growth we are somewhat better acquainted4 ,as late as the time of the ,judges the tribes of ,israel either stood each entirely alone or formed smaller groups1 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 kings4#ada ,the ,vedic people consisted of a great number of independent tribes1 between which only temporary alliances were made for the sake of defence or attack4 ,but gradually the alliances grew more permanent2 war-kings united several tribes1 surrounded themselves with a military nobility1 and founded great kingdoms4#adb ,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 war4 ,several tribes united so as to be better able to resist dangerous enemies1 and one of the fortified towns in time gained supremacy over all others in the neighbourhood1 as ,athens did in ,attica and ,alba ,longa in ,latium4 ,similar districts1 ruled by a town1 were called poleis or civitates4#adc ,in historical times attempts were made to carry this process further by joining several of the small states under the rule of one4 ,in this ,sparta and ,athens failed1 whereas the efforts of ,rome met with unequalled success4 ,footnote #acf3 ,curr1 ,the ,australian ,race1 i4 #fb sq4 ,footnote #acg3 ,morgan1 ,league of the ,iroquois1 p4 #ada4 ,footnote #ach3 ,scheppig1 ',ancient ,mexicans1' c4 p4 #f1 in ,spencer's ,descriptive ,sociology4 ,prescott1 ,history of the ,conquest of ,mexico1 p4 #d4 ,ratzel1 ,history of ,mankind1 ii4 #aii1 #bjb4 ,footnote #aci3 ,markham1 ',geographical ,positions of the ,tribes which formed the ,empire of the ,yncas1' in ,jour4 ,roy4 ,geo4 ,soc4 xli4 #bhg sqq4 ,footnote #adj3 ,simcox1 op4 cit4 ii4 #aj1 #ac4 ,footnote #ada3 ,kuenen1 ,religion of ,israel1 i4 #acc4 ,footnote #adb3 ,zimmer1 ,altindisches ,leben1 pp4 #aeh1 #aib sq4 ,footnote #adc3 ,leist1 ,grco-italische ,rechtsgeschichte1 p4 #aji sqq4 ,the development of the ,state tended to weaken or destroy the smaller units of which it was composed4 ,the central power1 hostile to separatism1 naturally endeavoured to appropriate the authority invested in the latter1 and in a well-governed state these on their part had little reason to resist4 ,the main object of the clan1 phratry1 and tribe was to protect their respective members2 hence they became superfluous in the presence of a powerful national #bbc government which unselfishly and impartially looked after the interests of its various subjects4 ,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 ,english1 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 another1 their association being frequently necessary for their common defence2 whereas in a country like ,england1 where the authority of the law was well established1 the descendants of the same family1 having no such motive for keeping together1 naturally separate and disperse1 as interest or inclination may direct4#add ,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 government4 ,footnote #add3 ,smith1 ,theory of ,moral ,sentiments1 p4 #cbf sq4 ,as the larger units1 so the family also was influenced by the rise of the ,state1 but originally in quite the opposite direction4 ,whilst the former dwindled away1 the family grew in importance4 ,nowhere do we find the family-tie stronger1 nowhere does the father or eldest male ascendant possess greater power than in the archaic ,state4 ,in a previous chapter ,i have already tried to explain this singular fact4 ,i pointed out that in early society there seems to be a certain antagonism between the family and the clan1 that the family was strengthened because the clan was weakened1 that the father became a patriarch only as the inheritor of the authority which formerly belonged to the clan4 ,but we have also noticed that at a higher stage the family again lost in importance4#ade ,footnote #ade3 ,supra1 i4 #fbg sq4 ,it seems that the tribes which united into one nation or state were normally1 in the first instance1 branches of the same stock1 living in the same neighbourhood and speaking #bbd the same language1 though with dialectic differences4 ,like the smaller units1 such a state was no doubt frequently adulterated by the amalgamation of aliens1 but here again fictions were substituted for realities1 and the foreign extraction was forgotten4 ,the case was different1 however1 when the commonwealth was formed or aggrandised by the subjugation of a strange race4 ,instead of being adopted into the circle of the conquerors1 the subdued people were treated as their inferiors in blood1 civic rights were denied to them1 and in many cases they were kept in servitude2 thus even here the principle of a common origin as the base of citizenship was preserved1 the conquerors being the only citizens in the full sense of the term4 ,but however strong and durable similar barriers may be1 they are not imperishable4 ,the different races inhabiting the same country under the same government tend to draw nearer each other1 the inferior race is incorporated with the nation1 and local proximity instead of descent at last becomes the basis of community in political functions4 ,this change1 however1 was neither so radical nor so startling as it has been represented to be2#adf fictions on a large scale still formed a bridge between ancient and modern ideas4 ,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 engrafted4#adg ,but is this good faith more astonishing than the readiness with which a common language1 in spite of the most obvious facts to the contrary1 is even now constantly taken as the sign of a common origin8 ,though identity of language1 even in the case of whole peoples1 proves nothing more than contact or neighbourhood1 a person's mother-tongue popularly decides his race1 and language and nationality are regarded almost as synonymous4 ,genealogical fictions1 then1 are not merely a thing of the past1 nor have they ceased to influence political ideas4 ,the modern theory of #bbe nationalism vindicates the right of the strongest nationality to absorb the other nationalities living within the same state by a method of compulsory engraftment1 and this can be effected only by their accepting its language4 ,but this theory is not so much concerned with language as such1 as with language as an emblem of nationality4 ,at the bottom of it is the narrow feeling of racial intolerance1 quite ready however to be appeased by a fiction4 ,the doctrine of nationalism is the spectre of the same political principle--the principle of a common descent1 either real or fictitious--on which states were founded and governed when civilisation was in its cradle4 ,footnote #adf3 ,maine1 ,ancient ,law1 p4 #abi4 ,footnote #adg3 ,ibid4 p4 #aca4 ,like the smaller units1 the archaic ,state was not only a political but at the same time a religious community4 ,over and above all separate cults there was one religion common to all its citizens4 ,in ancient ,mexico and ,peru it was the religion of the dominant people1 the worship of the god of war or of the sun2 and the sovereigns themselves were regarded as incarnations or children of this god4#adh ,in other cases the state religion arose by a fusion of different cults4 ,the gods of the communities which united into a state not only continued to receive the worship of their old believers1 but were elevated to the rank of national deities1 and formed together a heavenly commonwealth to which the earthly commonwealth jointly paid its homage4 ,in this way1 it seems1 the ,roman1#adi ,egyptian1#aej ,assyrian1 and ,babylonian#aea pantheons were recruited2 whilst the ,greeks went a step further and1 already in prehistoric times1 constructed a ,pan-,hellenic ,olympus4#aeb ,sometimes also1 as ,professor ,robertson ,smith points out1 different gods were themselves fused into one1 as when the mass of the ,israelites in their local worship of ,yahveh identified him with the ,baalim of the ,canaanite high places1 and carried #bbf over into his worship the ritual of the ,canaanite shrines1 not deeming that in so doing they were less truly ,yahveh-worshippers than before4#aec ,footnote #adh3 ,ratzel1 op4 cit4 ii4 #aii sq4 ,markham1 ,history of ,peru1 p4 #bc4 ,footnote #adi3 ,cf4 von ,jhering1 ,geist des rmischen ,rechts1 i4 #bfi4 ,footnote #aej3 ,wiedemann1 ,religion of the ,ancient ,egyptians1 p4 #adh4 ,footnote #aea3 ,mrdter-,delitzsch1 ,geschichte ,babyloniens und ,assyriens1 p4 #bd4 ,robertson ,smith1 ,religion of the ,semites1 p4 #ci4 ,footnote #aeb3 ,cf4 ,rohde1 ,psyche1 p4 #cf4 ,footnote #aec3 ,robertson ,smith1 op4 cit4 p4 #ch4 ,nobody will deny that the common religion added strength to the ,state1 but it seems that its national importance has often been overrated4 ,on the one hand1 the political fusion between different communities took place before the religious fusion and was obviously the cause of it2 on the other hand1 the mere tie of a common religion has never proved sufficient to bind together neighbouring tribes or peoples so as to form one nation4 ,the ,greek states had both the same religion and the same language1 but nevertheless remained distinct states4 ,professor ,seeley's assertion that in the ,east to this day nationality and religion are almost convertible terms1#aed is very far from the truth4 ,wallin1 who had exceptional opportunities to study the feelings of different ,muhammedan nationalities1 observes that every ,oriental people has a certain national aversion to every other1 and even the inhabitants of one province to those of another4 ,the ,turk does not readily tolerate the ,arab1 nor the ,persian1 and these feel similarly towards the ,turk2 the ,arab does not get on well with the ,persian1 nor the ,persian with the ,arab2 the ,syrian does not like the ,egyptian1 whom he calls inhuman1 and the latter does not willingly associate with the ,syrian1 whom he calls simple-minded and stupid2 and the son of the desert condemns both4#aee ,it sometimes seems as if the national spirit of a people rather influenced its religion than was influenced by it4 ,patriotism has even succeeded in nationalising the greatest enemy of nationalities1 ,christianity1 and has well nigh revived the old notion of a national god1 whose chief business is to look after his own people and1 especially1 to fight its battles4 ,footnote #aed3 ,seeley1 ,natural ,religion1 p4 #bbi4 ,footnote #aee3 ,wallin1 ,anteckningar frn ,orienten1 iv4 #aha sq4 ,it is obvious that the various aspects of social development #bbg which we have now considered have exercised much influence upon the altruistic sentiment4 ,the combination of local proximity and political unity1 the notion of a common descent1 and the fellowship of a common religion1 tend to engender friendly feelings between the members of each respective group4 ,hence1 when the political unit grew larger1 when the idea of kinship developed into that of racial affinity1 and when the same religion became common to all the citizens of the ,state1 or1 as happened in several cases1 extended beyond the limits of any particular country or nation1 the altruistic sentiment underwent a corresponding expansion--unless1 of course1 it was checked by some rival influence4 ,the increasing coherence of the political aggregate1 again1 added to the strength of this sentiment2 and so did the antagonism towards foreign communities and the natural antipathy or hatred to their members4 ,as people like that to which they are used or which is their own1 they dislike that which is strange or unfamiliar4 ,among ourselves we notice this particularly in children#aef and uneducated persons1 whose anger may be aroused by the sight of a black skin or an oriental dress or the sounds of a strange language4 ,antipathies of this kind have directly influenced the moral valuation of conduct towards foreigners2 but at the same time they have also strengthened the feelings of mutual goodwill between tribesmen or compatriots4 ,for likes and dislikes are increased by the contrast2 to hate a thing makes us better love its opposite4 ,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 another4 ,footnote #aef3 ,compayr1 op4 cit4 p4 #ajj3--,tout ce qui est inattendu1 imprvu1 est insupportable l'enfant1 et provoque soit la peur1 soit plus tard la colre4 ,j'ai vu un de mes fils1 quatre ans et demi1 entrer dans de vritables rages1 toutes les fois que je lui parlais dans le patois de mon pays4 ,but the altruistic sentiment has not necessarily reference only to individuals belonging to the same social unit4 #bbh ,gregarious animals may be kindly disposed to any member of their species which is not an object of their anger or their fear4 ,savages have shown themselves capable of tender feelings towards suffering and harmless strangers4#aeg ,the sensibility of little children sometimes goes beyond the circle of the family2 ,madame ,manacine tells us of a girl two years old who1 in the ,zoological ,gardens at ,st4 ,petersburg1 began to cry bitterly when she saw an elephant walking over the keeper's body1 although the other spectators were quietly watching the trick4#aeh ,in mankind altruism has been narrowed by social isolation1 by differences in race1 language1 habits1 and customs1 by enmity and suspicion4 ,but increased intercourse has gradually led to conditions favourable to its expansion4 ,as ,buckle remarks1 ignorance is the most powerful of all the causes of national hatred2 when you increase the contact1 you remove the ignorance1 and thus you diminish the hatred4#aei ,people of different nationalities feel that in spite of all dissimilarities between them there is much that they have in common2 and frequent intercourse makes the differences less marked1 or obliterates many of them altogether4 ,there can be no doubt that this process will go on in the future4 ,and equally certain it is that similar causes will produce similar effects--that altruism will continue to expand1 and that the notion of a human brotherhood will receive more support from the actual feelings of mankind than it does at present4 ,footnote #aeg3 ,see supra1 i4 #egj-egb1 #eha4 ,footnote #aeh3 ,manacine1 ,le surmenage mental dans la civilisation moderne1 p4 #bdh4 ,see also ,compayr1 op4 cit4 p4 #cbc4 ,footnote #aei3 ,buckle1 ,history of ,civilization in ,england1 i4 #bbb4 ,,chapter ,,xxxv ,,suicide ,,in previous chapters we have discussed the moral valuation of acts1 forbearances1 and omissions1 which directly concern the interests of other men2 we shall now proceed to consider moral ideas regarding such modes of conduct as chiefly concern a man's own welfare4 ,among these we notice1 in the first place1 acts affecting his existence4 ,suicide1 or intentional self-destruction1 has often been represented as a fruit of a higher civilisation2 ,dr4 ,steinmetz1 on the other hand1 in his essay on ',suicide among ,primitive ,peoples1' thinks it probable that there is a greater propensity to suicide among savage than among civilised peoples4#a ,the former view is obviously erroneous2 the latter probably holds good of certain savages as compared with certain peoples of culture1 but cannot claim general validity4 ,footnote #a3 ,steinmetz1 ',suicide among ,primitive ,peoples1' in ,american ,anthropologist1 vii4 #fj4 ,among several uncivilised races suicide is said to be unknown4#b ,to these belong some of the lower savages--the ,yahgans of ,tierra del ,fuego1#c the ,andaman ,islanders1#d #bcj and various ,australian tribes2#e whilst as regards most other tribes at about the same stage of culture information seems to be wanting4 ,of the natives in ,western and ,central ,australia ,sir ,g4 ,grey writes1 ,whenever ,i have interrogated them on this point1 they have invariably laughed at me1 and treated my question as a joke4#f ,when a ,caroline ,islander was told of suicides committed by ,europeans1 he thought that he had not grasped what was said to him1 as he never in his life had heard of anything so ridiculous4#g ,the ,kfirs of the ,hindu-,kush1 though they have no intense fear of death1 cannot understand suicide2 the idea of a man killing himself strikes them as inexplicable4#h ,footnote #b3 ,paulitschke1 ,ethnographie ,nord-ost-,afrikas1 p4 #bje 7,danakil and ,galla74 ,munzinger1 ,ostafrikanische ,studien1 p4 #ecb 7,barea and ,kunma74 ,new1 ,life1 ,wanderings1 and ,labours in ,eastern ,africa1 p4 #ii 7,wanika74 ,felkin1 ',notes on the ,for ,tribe of ,central ,africa1' in ,proceed4 ,roy4 ,soc4 ,edinburgh1 xiii4 #bca4 ,lumholtz 7,unknown ,mexico1 i4 #bdc7 thinks it is doubtful whether a pagan ,tarahumare ever killed himself4 ,footnote #c3 ,bridge1 in ,south ,american ,missionary ,magazine1 xiii4 #baa4 ,footnote #d3 ,man1 ,jour4 ,anthr4 ,inst4 xii4 #aaa4 ,footnote #e3 ,grey1 ,expeditions of ,discovery in ,north-,west and ,western ,australia1 ii4 #bdh4 ,curr1 ,recollections of ,squatting in ,victoria1 p4 #bgg 7,bangerang74 ,among the tribes of ,western ,victoria described by ,mr4 ,dawson 7,australian ,aborigines1 p4 #fb7 suicide is not unknown1 though it is uncommon2 if a native wishes to die1 and cannot get any one to kill him1 he will sometimes put himself in the way of a venomous snake1 that he may be bitten by it4 ,footnote #f3 ,grey1 op4 cit4 ii4 #bdh4 ,footnote #g3 von ,kotzebue1 ,voyage of ,discovery into the ,south ,sea1 iii4 #aie4 ,footnote #h3 ,scott ,robertson1 ,kfirs of the ,hindu-,kush1 p4 #cha4 ,among many savages and barbarians suicide is stated to be very rare1#i or to occur only occasionally2#aj whereas #bca among others it is represented as either common or extremely prevalent4#aa ,of the ,kamchadales we are told that the least apprehension of danger drives them to despair1 and that they fly to suicide as a relief1 not only from present1 but even from imaginary evil2 not only those who are confined for some offence1 but such as are discontented with their lot1 prefer a voluntary death to an uneasy life1 and the pains of disease4#ab ,among the ,hos1 an ,indian hill tribe1 suicide is reported to be so frightfully prevalent as to afford no parallel in any known country3--,if a girl appears mortified by anything that has been said1 it is not safe to let her go away till she is soothed4 ,a reflection on a man's honesty or veracity may be sufficient to send him to self-destruction4 ,in a recent case1 a young woman attempted to poison herself because her uncle would not partake of the food she had cooked for him4#ac ,among the ,karens of ,burma suicide is likewise very common where ,christianity has not been introduced4 ,if a man has some incurable or painful disease1 he says in a matter-of-fact way that he will hang himself1 and he does as he says2 if a girl's parents compel her to marry the man she does not love1 she hangs herself2 wives sometimes hang themselves through jealousy1 sometimes because they quarrel with their husbands1 and sometimes out of mere #bcb chagrin1 because they are subject to depreciating comparisons2 and it is a favourite threat with a wife or daughter1 when not allowed to have her own way1 that she will hang herself4#ad ,among some uncivilised peoples suicide is frequently practised by women1 though rarely by men4#ae ,footnote #i3 ,nansen1 ,eskimo ,life1 p4 #bfg 7,greenlanders74 ,murdoch1 ',ethnol4 ,results of the ,point ,barrow ,expedition1' in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #da 7,point ,barrow ,eskimo71 von ,siebold1 ,die ,aino auf der ,insel ,yesso1 p4 #ce4 von ,stenin1 ',die ,kirgisen des ,kreises ,saissansk im ,gebiete von ,ssemipalatinsk1' in ,globus1 lxix4 #bcj4 ,beltrame1 ,il ,fiume ,bianco1 p4 #ea 7,arabs74 ,felkin1 ',waganda ,tribe of ,central ,africa1' in ,proceed4 ,roy4 ,soc4 ,edinburgh1 xiii4 #gbc4 ,schwarz1 quoted by ,steinmetz1 ,rechtsverhltnisse1 p4 #bd 7,bakwiri74 ,ibid4 p4 #eb 7,banaka and ,bapuku74 ,wandrer1 ibid4 p4 #cbe 7,hottentots74 ,fritsch1 ,die ,eingeborenen ,sd-,afrika's1 p4 #bba 7,bantu race74 ,sorge1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #dba 7,nissan ,islanders in the ,bismarck ,archipelago74 ,kubary1 ',die ,verbrechen und das ,strafverfahren auf den ,pelau-,inseln1' in ,original-,mittheilungen aus der ethnol4 ,abtheil4 d4 knigl4 ,museen zu ,berlin1 i4 #gh 7,pelew ,islanders74 ,among the ,malays suicide is reported to be extremely rare 7,brooke1 ,ten ,years in ,sarwak1 i4 #ef2 ,ellis1 ',the ,amok of the ,malays1' in ,journal of ,mental ,science1 xxxix4 #cca72 but ,dr4 ,gilmore ,ellis has been told by many ,malays that they consider ,amok a kind of suicide4 ,if a man wishes to die1 he amoks in the hope of being killed1 rather than kills himself1 suicide being a most heinous sin according to the ethics of ,muhammedanism 7ibid4 p4 #cca74 ,in ,siam suicide is rare 7,bowring1 ,siam1 i4 #ajf74 ,of the ,western ,islanders of ,torres ,straits ,dr4 ,haddon says 7in ,reports of the ,cambridge ,anthrop4 ,expedition to ,torres ,straits1 v4 #bgh7 that he does not remember to have heard of a case of suicide in real life1 though there are some instances of it in their folk-tales4 ,footnote #aj3 ,comte1 quoted by ,mouhot1 ,travels in the ,central ,parts of ,indo-,china1 ii4 #bg sq4 7,bannavs in ,cambodia74 ,kloss1 ,in the ,andamans and ,nicobars1 p4 #caf 7,nicobarese74 ,among the ,bakongo cases of suicide occur1 although much less frequently than in civilised countries 7,ward1 ,five ,years with the ,congo ,cannibals1 p4 #de74 ,footnote #aa3 ,veniaminof1 quoted by ,petroff1 ,report on ,alaska1 p4 #aeh 7,atkha ,aleuts74 ,steller1 ,beschreibung von ,kamtschatka1 p4 #bic sq41 ,krasheninnikoff1 ,history of ,kamschatka1 pp4 #agf1 #bjj4 ,georgi1 ,russia1 iii4 #acc sq4 7,kamchadales71 #ahd 7,chukchi71 #bje 7,aleuts74 ,brooke1 op4 cit4 i4 #ee 7,sea ,dyaks74 ,williams and ,calvert1 ,fiji1 p4 #ajf4 ,turner1 ,samoa1 p4 #cje2 ,tregear1 ',niue1' in ,jour4 ,polynesian ,soc4 ii4 #ad2 ,thomson1 ,savage ,island1 p4 #aji2 ,hood1 ,cruise in the ,western ,pacific1 p4 #bb 7,savage ,islanders74 ,dieffenbach1 ,travels in ,new ,zealand1 ii4 #aaa sq42 ,collins1 ,english ,colony in ,new ,south ,wales1 i4 #ebd 7,maoris74 ,reade1 ,savage ,africa1 p4 #eec sq42 ,idem1 quoted by ,darwin1 ,descent of ,man1 p4 #aag1 n4 #cc 7,west ,african ,negroes74 ,monrad1 ,skildring af ,guinea-,kysten1 p4 #bc4 ,decle1 ,three ,years in ,savage ,africa1 p4 #gd 7,barotse74 ,in ,tana1 of the ,new ,hebrides 7,gray1 in ,jour4 ,anthr4 ,inst4 xxviii4 #acb7 and ,nias 7,rosenberg1 ,der malayische ,archipel1 p4 #adf7 suicides are said to be not infrequent4 ,footnote #ab3 ,georgi1 op4 cit4 iii4 #acc sq4 ,cf4 ,krasheninnikoff1 op4 cit4 p4 #agf4 ,footnote #ac3 ,tickell1 ',memoir on the ,hodsum1' in ,jour4 ,asiatic ,soc4 ,bengal1 ix4 #hjg4 ,dalton1 ,descriptive ,ethnology of ,bengal1 p4 #bjf4 ,footnote #ad3 ,mason1 ',dwellings1 c41 of the ,karens1' in ,jour4 ,asiatic ,soc4 ,bengal1 xxxvii4 pt4 ii4 #ada4 ,footnote #ae3 ,keating1 ,expedition to the ,source of ,st4 ,peter's ,river1 i4 #cid 7,dacotahs72 ii4 #aga sq4 7,chippewas74 ,bradbury1 ,travels in the ,interior of ,america1 p4 #hg 7,dacotahs74 ,brooke ,low1 quoted by ,ling ,roth1 ,natives of ,sarawak1 i4 #aag 7,sea ,dyaks74 ,munzinger1 ,die ,sitten und das ,recht der ,bogos1 p4 #ic4 ,the causes which1 among savages1 lead to suicide are manifold3--disappointed love or jealousy2#af illness#ag or old age2#ah grief over the death of a child1#ai a husband1#bj or a #bcc wife2#ba fear of punishment2#bb slavery#bc or brutal treatment by a husband2#bd remorse1#be shame or wounded pride1 anger or revenge4#bf ,in various cases an offended person kills himself for the express purpose of taking revenge upon the offender4#bg ,thus among the ,tshi-speaking peoples of the ,gold ,coast1 should a person commit suicide1 and before so doing attribute the act to the conduct of another person1 that other person is required by native law to undergo a like fate4 ,the practice is termed killing oneself upon the head of another1 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--unless1 indeed1 the family of the suicide be pacified with a money compensation4#bh ,with reference to the ,savage ,islanders1 who especially in heathen #bcd times were much addicted to suicide1 we are told that1 like angry children1 they are tempted to avenge themselves by picturing the trouble that they will bring upon the friends who have offended them4#bi ,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 friends4#cj ,among the ,chuvashes it was formerly the custom for enraged persons to hang themselves at the doors of their enemies4#ca ,a similar method of taking revenge is still not infrequently resorted to by the ,votyaks1 who believe that the ghost of the deceased will then persecute the offender4#cb ,sometimes a suicide has the character of a human sacrifice4#cc ,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 relatives4#cd ,among some savages it is common for a woman1 especially if married to a man of importance1 to commit suicide on the death of her husband1#ce or to demand to be buried with him2#cf and many ,brazilian ,indians killed themselves on the graves of their chiefs4#cg ,footnote #af3 ,lasch1 ',der ,selbstmord aus erotischen ,motiven bei den primitiven ,vlkern1' in ,zeitschrift fr ,socialwissenschaft1 ii4 #egi sqq4 ,westermarck1 ,history of ,human ,marriage1 p4 #ejc4 ,keating1 op4 cit4 ii4 #agb 7,chippewas74 ,eastman1 ,dacotah1 pp4 #hi sqq41 #afh sq42 ,dodge1 ,our ,wild ,indians1 p4 #cba sq4 7,dacotahs74 ,turner1 ',ethnology of the ,ungava ,district1 ,hudson ,bay ,territory1' in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #ahg 7,koksoagmyut74 ,mason1 in ,jour4 ,asiatic ,soc4 ,bengal1 xxxvii4 pt4 ii4 #ada 7,karens74 ,brooke ,low1 quoted by ,ling ,roth1 ,natives of ,sarawak1 i4 #aae 7,sea ,dyaks74 ,kubary1 ',religion der ,pelauer1' in ,bastian1 ,allerlei aus ,volks- und ,menschenkunde1 i4 #c 7,pelew ,islanders74 ,senfft1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #deb 7,marshall ,islanders74 ,codrington1 ,melanesians1 p4 #bdc sq4 7natives of the ,banks' ,islands and ,northern ,new ,hebrides74 ,waitz1 ,anthropologie der ,naturvlker1 vi4 #aae2 ,malone1 ,three ,years' ,cruise in the ,australasian ,colonies1 p4 #gb sq4 7,maoris74 ,reade1 ,savage ,africa1 p4 #eed 7,west ,african ,negroes74 ,munzinger1 ,die ,sitten und das ,recht der ,bogos1 p4 #ic sq4 ,footnote #ag3 ,dodge1 op4 cit4 p4 #cba sq4 7,north ,american ,indians7 ,holm1 ',ethnologisk ,skizze af ,angmagsalikerne1' in ,meddelelser om ,grnland1 x4 #aha 7,angmagsaliks of ,eastern ,greenland74 ,georgi1 op4 cit4 iii4 #acd 7,kamchadales74 ,mason1 in ,jour4 ,asiatic ,soc4 ,bengal1 xxxvii4 pt4 ii4 #ada 7,karens74 ,gray1 in ,jour4 ,anthr4 ,inst4 xxviii4 #acb 7natives of ,tana1 ,new ,hebrides74 ,sartori1 ',die ,sitte der ,alten- und ,krankenttung1' in ,globus1 lxvii4 #aji sq4 ,footnote #ah3 ,perrin du ,lac1 ,voyage dans les deux ,louisianes1 p4 #cdf4 ,nansen1 ,first ,crossing of ,greenland1 ii4 #cca2 ,idem1 ,eskimo ,life1 pp4 #agj1 #bfg 7,greenlanders74 ,steller1 ,beschreibung von ,kamtschatka1 p4 #bid4 ,wilkes1 ,u4,s4 ,exploring ,expedition1 iii4 #if2 ,hale1 ,u4,s4 ,exploring ,expedition4 ,vol4 ,,vi4 ,ethnography and ,philology1 p4 #fe 7,fijians74 ,diodorus ,siculus1 ,bibliotheca historica1 iii4 #cc4e 7,troglodytes74 ,pomponius ,mela1 ,de situ orbis1 iii4 #g 7,seres74 ,hartknoch1 ,alt- und ,neues ,preussen1 i4 #aha 7ancient ,prussians74 ,mareschalcus1 ,annales ,herulorum ac ,vandalorum1 i4 #h 7,monumenta inedita rerum ,germanicarum1 i4 #aia72 ,procopius1 ,de bello ,gothico1 ii4 #ad 7,heruli74 ,maurer1 ,die ,bekehrung des ,norwegischen ,stammes zum ,christenthume1 ii4 #gi1 n4 #dh 7ancient ,scandinavians74 ,footnote #ai3 ,veniaminof1 quoted by ,petroff1 op4 cit4 p4 #aeh 7,atkha ,aleuts74 ,keating1 op4 cit4 ii4 #agb 7,chippewas74 ,colenso1 ,maori ,races1 pp4 #df1 #eg2 ,dieffenbach1 op4 cit4 ii4 #aab 7,maoris74 ,footnote #bj3 ,veniaminof1 quoted by ,petroff1 op4 cit4 p4 #aeh 7,atkha ,aleuts74 ,haddon1 in ,rep4 ,cambridge ,anthr4 ,exped4 to ,torres ,straits1 v4 #ag 7,western ,islanders1 according to a ,kauralaig folk-tale74 ,colenso1 op4 cit4 pp4 #df1 #eg2 ,dieffenbach1 op4 cit4 ii4 #aab 7,maoris74 ,footnote #ba3 ,veniaminof1 quoted by ,petroff1 op4 cit4 p4 #aeh 7,atkha ,aleuts74 ,fawcett1 ,saoras1 p4 #ag4 ,dieffenbach1 op4 cit4 ii4 #aab 7,maoris74 ,footnote #bb3 ,steller1 ,beschreibung von ,kamtschatka1 p4 #bic4 ,dieffenbach1 op4 cit4 ii4 #aab 7,maoris74 ,footnote #bc3 ,modigliani1 ,viaggio a ,nas1 p4 #dgc4 ,decle1 op4 cit4 p4 #gd 7,barotse74 ,monrad1 op4 cit4 p4 #be 7,negroes of ,accra74 ,donne1 ,biathanatos1 p4 #ef 7,american ,indians74 ,footnote #bd3 ,wied-,neuwied1 ,travels in the ,interior of ,north ,america1 p4 #cdi 7,mandans74 ,footnote #be3 ,turner1 in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #ahg 7,koksoagmyut74 ,mr4 ,dawson 7,australian ,aborigines1 p4 #fb sq47 tells us of a native of ,western ,victoria who decided to commit suicide because1 being intoxicated1 he had killed his wife1 and was so sorry for it4 ,he besought the tribe to kill him1 and seeing his determination to starve himself to death1 his friends at last sent for the tribal executioner1 who pushed a spear through him4 ,footnote #bf3 ,veniaminof1 quoted by ,petroff1 op4 cit4 p4 #aeh 7,atkha ,aleuts74 ,keating1 op4 cit4 ii4 #aga 7,chippewas74 ,dalton1 op4 cit4 p4 #bjf2 ,jickell1 in ,jour4 ,asiatic ,soc4 ,bengal1 ix4 #hjg 7,hos74 ,colquhoun1 ,amongst the ,shans1 p4 #gf sq4 7,lethtas74 ,mac ,mahon1 ,far ,cathay1 p4 #bda 7,tarus1 one of the ,chino-,burmese border tribes74 ,brooke1 op4 cit4 i4 #ee 7,sea ,dyaks74 ,chalmers1 ,pioneer ,life and ,work in ,new ,guinea1 p4 #bbg 7a woman at ,port ,moresby2 ,mr4 ,abel ,savage ,life in ,new ,guinea1 p4 #ajb 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 suicide74 ,codrington1 op4 cit4 p4 #bdc sq4 7natives of the ,banks' ,islands and ,northern ,new ,hebrides74 ,williams and ,calvert1 op4 cit4 p4 #ajf 7,fijians74 ,tregear1 in ,jour4 ,polynesian ,soc4 ii4 #ad 7,savage ,islanders74 ,dieffenbach1 op4 cit4 ii4 #aaa sq42 ,collins1 op4 cit4 i4 #ebd2 ,angas1 ,savage ,life in ,australia and ,new ,zealand1 ii4 #de2 ,colenso1 op4 cit4 p4 #ef sq4 7,maoris74 ,ward1 ,five ,years with the ,congo ,cannibals1 p4 #de 7,bakongo74 ,lasch1 ',besitzen die ,naturvlker ein persnliches ,ehrgefhl8' in ,zeitschr4 f4 ,socialwissenschaft1 iii4 #hcg sqq4 ,footnote #bg3 ,see ,lasch1 ',rache als ,selbstmordmotiv1' in ,globus1 lxxiv4 #cg sqq42 ,steinmetz1 ',gli antichi scongiuri giuridici contro i creditori1' in ,rivista italiana di sociologia1 ii4 #di sqq4 ,footnote #bh3 ,ellis1 ,tshi-speaking ,peoples of the ,gold ,coast1 p4 #cjb4 ,the same custom is mentioned by ,monrad 7op4 cit4 p4 #bc sq471 ,bowdich 7,mission to ,ashantee1 pp4 #bef1 #beg1 #bei n4 double dagger71 and ,reade 7,savage ,africa1 p4 #eed74 ,footnote #bi3 ,thomson1 ,savage ,island1 p4 #aji4 ,footnote #cj3 ,krause1 ,die ,tlinkit-,indianer1 p4 #bbb4 ,footnote #ca3 ,lebedew1 ',die simbirskischen ,tschuwaschen1' in ,erman's ,archiv fr wissenschaftliche ,kunde von ,russland1 ix4 #ehf n4 9999 ,footnote #cb3 ,buch1 ',die ,wotjaken1' in ,acta ,soc4 ,scient4 ,fennic1 xii4 #faa sq4 ,footnote #cc3 ,see ,lasch1 ',religiser ,selbstmord und seine ,beziehung zum ,menschenopfer4' in ,globus1 lxxv4 #fi sqq4 ,footnote #cd3 ,skrzyncki1 ',der ,selbstmord bei den ,tschuktschen1' in ,am ,ur-,quell1 v4 #bjg sq4 ,footnote #ce3 ,ashe1 ,two ,kings of ,uganda1 p4 #cdb 7,wahuma74 ,johnston1 ,uganda ,protectorate1 ii4 #faj 7,bairo74 ,junghuhn1 ,die ,battalnder auf ,sumatra1 ii4 #cdj 7natives of ,bali and ,lombok74 ,footnote #cf3 ,westermarck1 ,history of ,human ,marriage1 p4 #abe 7,fijians74 ,codrington1 op4 cit4 p4 #bhi 7natives of ,aurora ,island1 ,new ,hebrides74 ,footnote #cg3 ,dorman1 ,origin of ,primitive ,superstitions1 p4 #baa4 ,cf4 ibid4 p4 #bji4 ,of the ,niger ,delta tribes ,m4 le ,comte de ,cardi writes 7in ,jour4 ,anthr4 ,inst4 xxix4 #ee73--,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 rescue2 ,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 sight4 ,in various other cases1 besides the voluntary sacrifices of widows or slaves1 the suicides of savages are connected with their notions of a future life4#ch ,the belief in the new #bce human birth of the departed soul has led ,west ,african negroes to take their own lives when in distant slavery1 that they may awaken in their native land4#ci ,among the ,chukchi there are persons who kill themselves for the purpose of effecting an earlier reunion with their deceased relatives4#dj ,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 world4#da ,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 present1 but much better and more perfect1 where they expect to have all their desires more completely satisfied than here4#db ,the suicides of old people1 again1 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 one1 and that it consequently is best for him to die before he grows too old and feeble4#dc ,footnote #ch3 ,cf4 ,steinmetz1 in ,american ,anthropologist1 vii4 #fj2 ,vierkandt1 ,naturvlker und ,kulturvlker1 p4 #bhd2 ,lasch1 in ,zeitschrift fr ,socialwissenschaft1 ii4 #ehe4 ,footnote #ci3 ,tylor1 ,primitive ,culture1 ii4 #e4 ,footnote #dj3 ,skrzyncki1 in ,am ,ur-,quell1 v4 #bjg4 ,footnote #da3 von ,struve1 ',die ,samojeden im ,norden von ,sibirien1' in ,ausland1 #ahhj1 p4 #ggg4 ,footnote #db3 ,georgi1 op4 cit4 iii4 #bfe4 ,cf4 ,steller1 ,beschreibung von ,kamtschatka1 p4 #bid4 ,footnote #dc3 ,hale1 op4 cit4 p4 #fe 7,fijians74 ,cf4 supra1 i4 #cij4 ,the notions of savages concerning life after death also influence their moral valuation of suicide4 ,where men are supposed to require wives not only during their lifetime1 but after their death1 it may be a praiseworthy thing1 or even a duty1 for a widow to accompany her husband to the land of souls4 ,according to ,fijian beliefs1 the woman who at the funeral of her husband met death with the greatest devotedness would become the favourite wife in the abode of spirits1 whereas a widow who did not permit herself to be killed was considered an adulteress4#dd ,among the ,central ,african ,bairo those women who refrained from destroying themselves over their husbands' graves were regarded as outcasts4#de ,on the ,gold ,coast a man of low rank who has married one of the king's sisters is #bcf expected to make away with himself when his wife dies1 or upon the death of an only male child2 and should he outrage native custom and neglect to do so1 a hint is conveyed to him that he will be put to death1 which usually produces the desired effect4#df ,the customary suicides of the ,chukchi are solemnly performed in the presence and with the assistance of relatives and neighbours4#dg ,the ,samoyedes maintain that suicide by strangulation is pleasing to ,god1 who looks upon it as a voluntary sacrifice1 which deserves reward4#dh ,the opinion of the ,kamchadales that it is allowable and praiseworthy for a man to take his own life1#di was probably connected with their optimistic notions about their fate after death4 ,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 killed4#ej ,footnote #dd3 ,westermarck1 op4 cit4 p4 #abe sq4 ,footnote #de3 ,johnston1 ,uganda ,protectorate1 i4 #faj4 ,footnote #df3 ,ellis1 ,tshi-speaking ,peoples of the ,gold ,coast1 p4 #bhg4 ,footnote #dg3 ,skrzyncki1 in ,am ,ur-,quell1 v4 #bjh4 ,footnote #dh3 von ,struve1 in ,ausland1 #ahhj1 p4 #ggg4 ,footnote #di3 ,steller1 op4 cit4 p4 #bfi4 ,cf4 ,krasheninnikoff1 op4 cit4 p4 #bjd4 ,footnote #ej3 ,supra1 i4 #chi sq4 7,fijians74 ,nansen1 ,first ,crossing of ,greenland1 ii4 #cca4 ,steller1 op4 cit4 p4 #bid 7,kamchadales74 ,whilst in some cases suicide opens the door to a happy land beyond the grave1 it in other cases entails consequences of a very different kind4 ,the ,omahas believe that a self-murderer ceases to exist4#ea ,according to the ,thompson ,indians in ,british ,columbia1 the souls of people who commit suicide do not go to the land of souls4 ,the shamans declare they never saw such people there2 and some say that they have looked for the souls of such people1 but could not find their tracks4 ,some shamans say they cannot locate the place where the souls of suicides go1 but think they must be lost1 because they seem to disappear altogether4 ,others say that these souls die1 and cease to exist4 ,still others claim that the souls never leave the earth1 but wander around aimlessly4#eb ,so also the ,jakuts believe that the ghost of a self-murderer never #bcg comes to rest4#ec ,sometimes the fate of suicides after death is represented as a punishment which they suffer for their deed4 ,thus the ,dacotahs1 among whom women not infrequently put an end to their existence by hanging themselves1 are of opinion that suicide is displeasing to the ,father of ,life1 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 herself2 hence the women always suspend themselves to as small a tree as can possibly sustain their weight4#ed ,the ,pahrias of the ,rjmahal ,hills1 in ,india1 say that suicide is a crime in ,god's eyes1 and that the soul of one who so offends shall not be admitted into heaven1 but must hover eternally as a ghost between heaven and earth1#ee ,the ,kayans of ,borneo maintain that self-murderers are sent to a place called ,tan ,tekkan1 where they will be very poor and wretched1 subsisting on leaves1 roots1 or anything they can pick up in the forests1 and being easily distinguished by their miserable appearance4#ef ,according to ,dyak beliefs1 they go to a special place1 where those who have drowned themselves must thenceforth live up to their waists in water1 and those who have poisoned themselves must live in houses built of poisonous woods and surrounded by noxious plants1 the exhalations of which are painful to the spirits4#eg ,in other instances we are simply told that the souls of suicides1 together with those of persons who have been killed in war1#eh or who have died a violent death1#ei are not permitted to live with the rest of the souls1 to whom their presence would cause uneasiness4 ,among the ,hidatsa ,indians some people say that the ghosts of men #bch who have made away with themselves occupy a separate part of the village of the dead1 but that their condition in no other wise differs from that of the other ghosts4#fj ,footnote #ea3 ,la ,flesche1 ',death and ,funeral ,customs among the ,omahas1' in ,jour4 of ,american ,folk-,lore1 ii4 #aa4 ,footnote #eb3 ,teit1 ',thompson ,indians of ,british ,columbia1' in ,memoirs of the ,american ,museum of ,natural ,history1 ,anthropology1 i4 #ceh sq4 ,footnote #ec3 ,sumner1 in ,jour4 ,anthr4 ,inst4 xxxi4 #aja4 ,footnote #ed3 ,bradbury1 ,travels in the ,interior of ,america1 p4 #hi4 ,cf4 ,keating1 op4 cit4 i4 #cid4 ,footnote #ee3 ,dalton1 ,descriptive ,ethnology of ,bengal1 p4 #bfh4 ,cf4 ,sherwill1 ',tour through the ,rjmahal ,hills1' in ,jour4 ,asiatic ,soc4 ,bengal1 xx4 #eef4 ,footnote #ef3 ,hose1 ',journey up the ,baram ,river to ,mount ,dulit and the ,highlands of ,borneo1' in ,geographical ,journal1 i4 #aii4 ,footnote #eg3 ,wilken1 ,het animisme bij de volken van den ,indischen ,archipel1 i4 #dd4 ,footnote #eh3 ,brebeuf1 ',relation de ce qui s'est pass dans le pays des ,hurons1' in ,relations des ,jsuites1 #afcf1 p4 #ajd sq4 ,hewitt1 ',the ,iroquoian ,concept of the ,soul1' in ,jour4 of ,american ,folk-,lore1 viii4 #aji4 ,footnote #ei3 ,steinmetz1 in ,american ,anthropologist1 vii4 #eh 7,niase74 ,footnote #fj3 ,matthews1 ,ethnography and ,philology of the ,hidatsa ,indians1 p4 #di4 ,it is1 however1 hard to believe that the fate of the self-murderer1 whether it be annihilation1 a vagrant existence on earth1 or separation in the other world1 was originally meant as a punishment2 for a similar lot is assigned to the souls of persons who have been drowned1#fa or who have died by accident or violence4#fb ,it seems that the suicide's future state is in the first place supposed to depend upon the treatment of his corpse4 ,frequently he is denied burial1 or at least the ordinary funeral rites1#fc and this may give rise to the notion that his soul never comes to rest or1 possibly1 even ceases to exist4 ,or he is buried by himself1 apart from the other dead1#fd in which case his soul must naturally remain equally isolated4 ,among the ,alabama ,indians1 for instance1 when a man kills himself1 either in despair or in a sickness1 he is deprived of burial1 and thrown into the river4#fe ,in ,dahomey the body of any person committing suicide is not allowed to be buried1 but thrown out into the fields to be devoured by wild beasts4#ff ,among the ,fantis of the ,gold ,coast il y a des places rserves aux suicides et ceux qui sont morts de la petite vrole4 ,ils sont enterrs l'cart loin de toute #bci habitation et de tout chemin public4#fg ,in the ,pelew ,islands a self-murderer is buried not with his own deceased relatives1 but in the place where he ended his life1 as are also the corpses of those who fall in war4#fh ,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 brethren4#fi ,among the ,sea ,dyaks those who commit suicide are buried in different places from others1 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 spirits4#gj ,the motive for thus treating self-murderers' bodies is superstitious fear4 ,their ghosts1 as the ghosts of persons who have died by any other violent means or by accident1 are supposed to be particularly malevolent1#ga owing to their unnatural mode of death#gb or to the desperate or angry state of mind in which they left this life4 ,if they are not buried at all1 or if they are buried in the spot where they died or in a separate place1 that is either because nobody dares to interfere with them1 or in order to prevent them from mixing with the other dead4 ,so also murdered persons are sometimes left unburied1#gc and people who are supposed to have been killed by evil spirits are buried apart2#gd whilst those struck with lightning are either denied interment1#ge or buried where they fell and in the position in which they died4#gf ,we sometimes hear of a connection between the way in which a suicide's body is treated and the moral opinion as regards his deed4 ,among the ,alabama ,indians his corpse #bdj is said to be thrown into the river because he is looked upon as a coward2#gg and of the ,ossetes ,m4 ,kovalewsky states that they bury suicides far away from other dead persons because they regard their act as sinful4#gh ,but we may be sure that moral condemnation is not the original cause of these practices4 ,footnote #fa3 ,teit1 loc4 cit4 p4 #cei 7,thompson ,indians74 ,footnote #fb3 ,soppitt1 ,kuki-,lushai ,tribes1 p4 #ab4 ,anderson1 ,mandalay to ,momien1 p4 #adf 7,kakhyens74 ,mller1 ,geschichte der ,amerikanischen ,urreligionen1 p4 #bhg 7,brazilian ,indians74 ,supra1 ii4 #bcg4 ,the ,central ,eskimo believe that all who die by accident or by violence1 and women who die in childbirth1 are taken to the upper1 happier world 7,boas1 ',central ,eskimo1' in ,ann4 ,rep4 ,bur4 ,ethn4 vi4 #eij74 ,according to the belief of the ,behring ,strait ,eskimo1 the shades of shamans1 or persons who die by accident1 violence1 or starvation1 go to a land of plenty in the sky1 where there is light1 food1 and water in abundance1 whereas the shades of people who die from natural causes go to the underground land of the dead 7,nelson1 ',eskimo about ,bering ,strait1' in ,ann4 ,rep4 ,bur4 ,ethn4 xviii4 #dbc74 ,footnote #fc3 ,see ,lasch1 ',die ,behandlung der ,leiche des ,selbstmorders1' in ,globus1 lxxvi4 #fc sqq4 ,footnote #fd3 ,ibid4 p4 #fe4 ,footnote #fe3 ,bossu1 ,travels through ,louisiana1 i4 #beh4 ,footnote #ff3 ,m',leod1 ,voyage to ,africa1 p4 #dh sq4 ,i am indebted to ,mr4 ,n4 ,w4 ,thomas for drawing my attention to this and a few other statements in the present chapter4 ,footnote #fg3 ,gallaud1 ',a la ,cte d',or1' in ,les missions catholiques1 xxv4 #cdg4 ,footnote #fh3 ,kubary1 in ,original-,mittheil4 aus der ethnol4 ,abtheil4 d4 knigl4 ,museen zu ,berlin1 i4 #gh4 ,footnote #fi3 ,comte1 quoted by ,mouhot1 op4 cit4 ii4 #bh4 ,see also ',das ,volk der ,bannar1' in ,mittheil4 d4 ,geogr4 ,ges4 zu ,jena1 iii4 #i4 ,footnote #gj3 ,st4 ,john1 ,life in the ,forests of the ,far ,east1 i4 #fi4 ,footnote #ga3 ,lasch1 in ,globus1 lxxvi4 #fe4 ,cf4 ,liebrecht1 ,zur ,volkskunde1 p4 #dad sq4 ,footnote #gb3 ,lippert1 ,der ,seelencult1 p4 #aa4 ,kubary1 in ,original-,mittheil4 aus der ethnol4 ,abtheil4 d4 knigl4 ,museen zu ,berlin1 i4 #gh4 ,footnote #gc3 ,rosenberg1 ,der malayische ,archipel1 p4 #dfa 7,papuans of ,dorey74 ,footnote #gd3 ,hodson1 ',native ,tribes of ,manipur1' in ,jour4 ,anthr4 ,inst4 xxxi4 #cje sq4 ,footnote #ge3 ,burton1 ,mission to ,gelele1 ii4 #adb sq4 7,dahomans74 ,footnote #gf3 ,la ,flesche1 in ,jour4 ,american ,folk-,lore1 ii4 #aa 7,omahas74 ,footnote #gg3 ,bossu1 op4 cit4 i4 #beh4 ,footnote #gh3 ,kovalewsky1 ,coutume contemporaine et loi ancienne1 p4 #cbg4 ,it is comparatively seldom that savages are reported to attach any stigma to suicide4 ,to the instances mentioned above a few others may be added4 ,the ,waganda1 we are told1 greatly condemn the act4#gi ,among the ,bogos a man never despairs1 never gives himself up1 and considers suicide as the greatest indignity4#hj ,the ,karens of ,burma deem it an act of cowardice2 but at the same time they have no command against it1 they seem to see little or no guilt in it1 and we are nowhere told that it is displeasing to the ,god of heaven and earth4#ha ,the ,dacotahs said of a girl who had destroyed herself because her parents had turned her beloved from the wigwam1 and would force her to marry a man she hated1 that her spirit did not watch over her earthly remains1 being offended when she brought trouble upon her aged mother and father4#hb ,in ,dahomey it is criminal to attempt to commit suicide1 because every man is the property of the king4 ,the bodies of suicides are exposed to public execration1 and the head is always struck off and sent to ,agbomi2 at the expense of the family if the suicide were a free man1 at that of his master if he were a slave4#hc ,on the other hand1 it is expressly stated of various savages that they do not punish attempts to commit suicide4#hd ,the negroes of ,accra see nothing wrong in the act4 ,why1 they would ask1 should a person not be #bda allowed to die1 when he no longer desires to live8 ,but they inflict cruel punishments upon slaves who try to put an end to themselves1 in order to deter other slaves from doing the same4#he ,among the ,pelew ,islanders suicide is neither praised nor blamed4#hf ,the ,eskimo around ,northumberland ,inlet and ,davis ,strait believe that any one who has been killed by accident1 or who has taken his own life1 certainly goes to the happy place after death4#hg ,the ,chippewas hold suicide to be a foolish1 not a reprehensible action1 and do not believe it to entail any punishment in the other world4#hh ,in his sketches of the manners and customs of the ,north ,american ,indians1 ,buchanan writes3--,suicide is not considered by the ,indians either as an act of heroism or of cowardice1 nor is it with them a subject of praise or blame4 ,they view this desperate act as the consequence of mental derangement1 and the person who destroys himself is to them an object of pity4#hi ,footnote #gi3 ,felkin1 in ,proceed4 ,roy4 ,soc4 ,edinburgh1 xiii4 #gbc4 ,footnote #hj3 ,munzinger1 ,die ,sitten und das ,recht der ,bogos1 p4 #ic4 ,footnote #ha3 ,mason1 in ,jour4 ,asiatic ,soc4 ,bengal1 xxxvii4 pt4 ii4 #ada4 ,footnote #hb3 ,eastman1 op4 cit4 p4 #afi4 ,footnote #hc3 ,ellis1 ,e7we-speaking ,peoples1 p4 #bbd4 ,footnote #hd3 ,leuschner1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #bd 7,bakwiri74 ,nicole1 ibid4 p4 #ace 7,diakit-,sarracolese74 ,lang1 ibid4 p4 #bfb 7,washambala74 ,rautanen1 ibid4 p4 #cdc 7,ondonga74 ,sorge1 ibid4 p4 #dba 7,nissan ,islanders74 ,senfft1 ibid4 p4 #deb 7,marshall ,islanders74 ,footnote #he3 ,monrad1 op4 cit4 pp4 #bc1 #be4 ,footnote #hf3 ,kubary1 in ,original-,mittheil4 aus der ethnol4 ,abtheil4 d4 knigl4 ,museen zu ,berlin1 i4 #gh4 ,footnote #hg3 ,hall1 ,arctic ,researches1 p4 #egb4 ,cf4 supra1 ii4 #bch1 n4 #c4 ,footnote #hh3 ,keating1 op4 cit4 ii4 #agb4 ,footnote #hi3 ,buchanan1 ,sketches of the ,history1 c4 of the ,north ,american ,indians1 p4 #ahd4 ,from the opinions on suicide held by uncivilised races we shall pass to those prevalent among peoples of a higher culture4 ,in ,china suicide is extremely common among all classes and among persons of all ages4#ij ,for those who have been impelled to this course by a sense of honour the gates of heaven open wide1 and tablets bearing their names are erected in the temples in honour of virtuous men or women4 ,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 country2 young men who1 when an insult has been paid to their parents which they are unable to avenge1 prefer not to survive it2 and women who kill #bdb themselves on the death of their husbands or fiancs4#ia ,in spite of imperial prohibitions1 sutteeism of widowed wives and brides has continued to flourish in ,china down to this day1 and meets with the same public applause as ever2#ib whilst those widowed wives and brides who have lost their lives in preserving their chastity1 are entitled both to an honorary gate and to a place in a temple of the ,state as an object of worship4#ic ,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 revenge1 not only because the law throws the responsibility of the deed on him who occasioned it1 but also because the disembodied soul is supposed to be better able than the living man to persecute the enemy4#id ,the ,chinese have a firm belief in the wandering spirits of persons who have died by violence2 thus self-murderers are supposed to haunt the places where they committed the fatal deed and endeavour to persuade others to follow their example1 at times even attempting to play executioner by strangling those who reject their advances4#ie ,violent deaths1 says ,mr4 ,giles1 are regarded with horror by the ,chinese2#if and suicides committed from meaner motives are reprobated4#ig ,it is said in the ,y ,li1 or ,divine ,panorama--a ,taouist work which is very popular all over the ,chinese ,empire--that whilst persons who kill themselves out of loyalty1 filial piety1 chastity1 or friendship1 will go to heaven1 those who do so in a trivial burst of rage1 or fearing the consequences of a crime which would not amount to death1 or in the hope of falsely injuring a #bdc fellow-creature1 will be severely punished in the infernal regions4#ih ,no pardon will be granted them2 they are not1 like other sinners1 allowed to claim their good works as a set-off against evil1 whereby they might partly escape the agonies of hell and receive some reward for their virtuous deeds4#ii ,sometimes suicide is classified by the ,chinese as an offence against religion1 on the ground that a person owes his being to ,heaven1 and is therefore responsible to ,heaven for due care of the gift4#ajj ,footnote #ij3 ,gray1 ,china1 i4 #cbi4 ,huc1 ,the ,chinese ,empire1 p4 #aha4 ,matignon1 ',le suicide en ,chine1' in ,archives d'anthropologie criminelle1 xii4 #cfg sqq4 ,cathonay1 ',aux environs de ,foutchon1' in ,les missions catholiques1 xxxi4 #cda sq4 ,ball1 ,things ,chinese1 p4 #efd sqq4 ,footnote #ia3 ,gray1 op4 cit4 i4 #ccg sqq4 ,footnote #ib3 de ,groot1 ,religious ,system of ,china1 7vol4 ii4 book7 i4 #gdh4 ,ball1 op4 cit4 p4 #efe4 ,cathonay1 in ,les missions catholiques1 xxxi4 #cda4 ,footnote #ic3 de ,groot1 op4 cit4 7vol4 ii4 book7 i4 #gib4 ,footnote #id3 ,huc1 op4 cit4 p4 #aha4 ,matignon1 in ,archives d'anthropologie criminelle1 xii4 #cga sqq4 de ,groot1 op4 cit4 7vol4 iv4 book7 ii4 #dej sq4 ,cathonay1 in ,les missions catholiques1 xxxi4 #cda sq4 ,ball1 op4 cit4 p4 #eff sq4 ,footnote #ie3 ,davis1 ,china1 ii4 #id4 ,dennys1 ,folk-,lore of ,china1 p4 #gd sq4 ,footnote #if3 ,giles1 ,strange ,stories from a ,chinese ,studio1 ii4 #cfc1 n4 #i4 ,footnote #ig3 ,gray1 op4 cit4 i4 #ccg4 ,footnote #ih3 ,giles1 op4 cit4 ii4 #cfe4 ,footnote #ii3 ,ibid4 ii4 #cfc4 ,footnote #ajj3 ,alabaster1 ,notes and ,commentaries on ,chinese ,criminal ,law1 p4 #cjd4 ,the ,japanese calendar of saints1 says ,mr4 ,griffis1 is not filled with reformers1 alms-givers1 and founders of hospitals or orphanages1 but is overcrowded with canonised suicides and committers of harakiri4 ,even to-day1 no man more 4 4 4 surely draws homage to his tomb1 securing even apotheosis1 than the suicide1 though he may have committed a crime4#aja ,there were two kinds of harakiri1 or belly-cutting1 one obligatory and the other voluntary4 ,the former was a boon granted by government1 who graciously permitted criminals of the ,samurai1 or military1 class thus to destroy themselves instead of being handed over to the common executioner2 but this custom is now quite extinct4 ,voluntary harakiri1 again1 was practised out of loyalty to a dead superior1 or in order to protest1 when other protests might be unavailing1 against the erroneous conduct of a living superior1 or to avoid beheading by the enemy in a lost battle1 or to restore injured honour if revenge was impossible4 ,under any circumstances harakiri cleansed from every stain1 and ensured an honourable interment and a respected memory4#ajb ,it is said in a ,japanese manuscript1 ,to slay his enemy against whom he has cause of hatred1 and then to kill himself1 is the part of a noble ,samurai1 and it is sheer nonsense to look upon the place where he has disembowelled #bdd himself as polluted4#ajc ,in old days the ceremony used to be performed in a temple4#ajd ,footnote #aja3 ,griffis1 ,religions of ,japan1 p4 #aab4 ,footnote #ajb3 ,chamberlain1 ,things ,japanese1 p4 #bai sqq4 ,rein1 ,japan1 p4 #cbh4 ,khne1 in ,globus1 lxxiv4 #aff sq4 ,a very full account of the ceremony of harakiri is given in ,mitford's ,tales of ,old ,japan1 ii4 #aic sqq41 from a rare ,japanese manuscript4 ,footnote #ajc3 ,mitford1 op4 cit4 ii4 #bja4 ,footnote #ajd3 ,ibid4 ii4 #aif4 ,among the ,hindus we meet with the practice of self-immolation of widows--until recently very prevalent in many parts of ,india#aje--;and various forms of self-destruction for religious purposes4 ,suicide has always been considered by the ,hindus to be one of the most acceptable rites that can be offered to their deities4 ,according to the ,ayen ,akbery1 there were five kinds of suicide held to be meritorious in the ,hindu1 namely3--starving2 covering himself with cow-dung and setting it on fire and consuming himself therein2 burying himself in snow2 immersing himself in the water at the extremity of ,bengal1 where the ,ganges discharges itself into the sea through a thousand channels1 enumerating his sins1 and praying till the alligators come and devour him2 cutting his throat at ,allahabad1 at the confluence of the ,ganges and ,jumna4#ajf ,to these might be added drowning at ,hurdwar1 ,allahabad1 and ,saugor2 perishing in the cold of the ,himalayas2 the practice of dying under the wheels of ,juggurnath's car2#ajg and the custom of men throwing themselves down from certain rocks to fulfil the vows of their mothers1 or to receive forgiveness for sins1 or to be re-born rajas in their next state of transmigration4#ajh ,it is also common for persons who are afflicted with leprosy or any other incurable disease to bury or drown themselves with due ceremonies1 by which they are considered acceptable sacrifices to the deity1#aji or to roll themselves into fires with the notion that thus purified they will receive a happy transmigration into a healthy body4#aaj ,suicide was further #bde resorted to by ,brhmans for the purpose of avenging an injury1 as it was believed that the ghost of the deceased would persecute the offender1 and1 presumably1 also because of the great efficacy which was attributed to the curse of a dying ,brhman4#aaa ,when one of the ,rajput rajas once levied a war-subsidy on the ,brhmans1 some of the wealthiest1 having expostulated in vain1 poniarded themselves in his presence1 pouring maledictions on his head with their last breath2 and thus cursed1 the raja laboured under a ban of excommunication even amongst his personal friends4#aab ,we are told of a ,brhman girl who1 having been seduced by a certain raja1 burned herself to death1 and in dying imprecated the most fearful curses on the raja's kindred1 after which they were visited with such a succession of disasters that they abandoned their family settlement at ,baliya1 where the woman's tomb is worshipped to this day4#aac ,once when a raja ordered the house of a ,brhman to be demolished and resumed the lands which had been conferred upon him1 the latter fasted till he died at the palace gate1 and became thus a ,brahm1 or malignant ,brhman ghost1 who avenged the injury he had suffered by destroying the raja and his house4#aad ,at ,azimghur1 in #ahce1 a ,brhman threw himself down a well1 that his ghost might haunt his neighbour4#aae ,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 paid2#aaf and the sin attached to causing the death of a ,brhman would further increase the efficacy of the creditor's threats4#aag ,at the same time religious suicide is said to be a crime in a ,brhman4#aah ,and in the sacred books we read that for him who destroys #bdf himself by means of wood1 water1 clods of earth1 stones1 weapons1 poison1 or a rope1 no funeral rites shall be performed by his relatives2#aai that he who resolves to die by his own hand shall fast for three days2 and that he who attempts suicide1 but remains alive1 shall perform severe penance4#abj ,the ,buddhists allow a man under certain circumstances to take his own life1 but maintain that generally dire miseries are in store for the self-murderer1 and look upon him as one who must have sinned deeply in a former state of existence4#aba ,it should be added that in ,india1 as elsewhere1 the souls of those who have killed themselves or met death by any other violent means are regarded as particularly malevolent and troublesome4#abb ,footnote #aje3 ,malcolm1 ,memoir of ,central ,india1 ii4 #bjf sqq4 ,chevers1 ,manual of ,medical ,jurisprudence for ,india1 p4 #ffe4 ,cf4 supra1 i4 #dgc sq4 ,sir ,john ,malcolm observes 7op4 cit4 ii4 #bjf1 n4 double dagger7 that the practice of suttee was not always confined to widows1 but that sometimes mothers burned themselves on the death of their only sons4 ,footnote #ajf3 ,chevers1 op4 cit4 p4 #ffd4 ,cf4 ,laws of ,manu1 vi4 #ca4 ,footnote #ajg3 ,ibid4 p4 #ffd4 ,ward1 ,view of the ,history1 c4 of the ,hindoos1 ii4 #aae sqq4 ,rjendralla ,mitra1 ,indo-,aryans1 ii4 #gj4 ,footnote #ajh3 ,sleeman1 ,rambles and ,recollections of an ,indian ,official1 i4 #acb sq4 ,malcolm1 ,memoir of ,central ,india1 ii4 #bji sqq4 ,forsyth1 ,highlands of ,central ,india1 p4 #agb sq4 ,footnote #aji3 ,sleeman1 op4 cit4 ii4 #cdd sq4 ,footnote #aaj3 ,ward1 op4 cit4 ii4 #aai4 ,footnote #aaa3 ,chevers1 op4 cit4 p4 #fei sqq4 ,crooke1 ,popular ,religion and ,folk-,lore of ,northern ,india1 i4 #aia sqq4 van ,mkern1 ,ostindien1 i4 #cai sqq4 ,footnote #aab3 ,tod1 quoted by ,chevers1 op4 cit4 p4 #fei sq4 ,footnote #aac3 ,crooke1 op4 cit4 i4 #aic4 ,footnote #aad3 ,ibid4 i4 #aia sq4 ,footnote #aae3 ,chevers1 op4 cit4 p4 #ffc4 ,footnote #aaf3 ,cf4 ,steinmetz1 ',gli antichi scongiuri giuridici contro i creditori1' in ,rivista italiana di sociologia1 ii4 #eh4 ,for the practice of dharna see ibid4 p4 #cg sqq42 ,balfour1 ,cyclopdia of ,india1 i4 #icd sq42 van ,mkern1 op4 cit4 i4 #cbb sq4 ,footnote #aag3 ,cf4 ,jones1 quoted by ,balfour1 op4 cit4 i4 #ice4 ,footnote #aah3 ,ward1 op4 cit4 ii4 #aae4 ,forsyth1 op4 cit4 p4 #agc4 ,footnote #aai3 ,vasishtha1 xxiii4 #ad sq4 ,footnote #abj3 ,ibid4 xxiii4 #ah sqq4 ,footnote #aba3 ,hardy1 ,manual of ,budhism1 p4 #dgi4 ,footnote #abb3 ,crooke1 ,popular ,religion and ,folk-,lore of ,northern ,india1 i4 #bfi4 ,fawcett1 ',nyars of ,malabar1' in the ,madras ,government ,museum's ,bulletin1 iii4 #bec4 ,the ,old ,testament mentions a few cases of suicide4#abc ,in none of them is any censure passed on the perpetrator of the deed1 nor is there any text which expressly forbids a man to die by his own hand2 and of ,ahithophel it is said that he was buried in the sepulchre of his father4#abd ,it seems1 however1 that according to ,jewish custom persons who had killed themselves should be left unburied till sunset1#abe perhaps for fear lest the spirit of the deceased otherwise might find its way back to the old home4#abf ,josephus1 who mentions this custom1 denounces suicide as an act of cowardice1 as a crime most remote from the common nature of all animals1 as impiety against the ,creator2 and he maintains that the souls of those who have thus acted madly against themselves will go to the darkest place in ,hades4#abg ,the ,talmud considers suicide justifiable1 if not meritorious1 in the case of the chief of a vanquished army who is sure of disgrace and death at the hands of the exulting conqueror1#abh or when a person has #bdg reason to fear being forced to renounce his religion4#abi ,in all other circumstances the ,rabbis consider it criminal for a person to shorten his own life1 even when he is undergoing tortures which must soon end his earthly career2#acj and they forbid all marks of mourning for a self-murderer1 such as wearing sombre apparel and eulogising him4#aca ,islam prohibits suicide1 as an act which interferes with the decrees of ,god4#acb ,muhammedans say that it is a greater sin for a person to kill himself than to kill a fellow-man2#acc and1 as a matter of fact1 suicide is very rare in the ,moslem world4#acd ,footnote #abc3 #a ,samuel1 xxxi4 #d sq4 #b ,samuel1 xvii4 #bc4 #a ,kings1 xvi4 #ah4 #b ,maccabees1 xiv4 #d sqq4 ,footnote #abd3 #b ,samuel1 xvii4 #bc4 ,footnote #abe3 ,josephus1 ,de bello ,judaico1 iii4 #h4 #e4 ,footnote #abf3 ,cf4 ,frazer1 ',burial ,customs as illustrative of the ,primitive ,theory of the ,soul1' in ,jour4 ,anthr4 ,inst4 xv4 #gb4 ,footnote #abg3 ,josephus1 op4 cit4 iii4 #h4 #e4 ,footnote #abh3 ,cf4 #a ,samuel1 xxxi4 #d4 ,footnote #abi3 ,guittin1 #eg ,b1 quoted by ,mendelsohn1 ,criminal ,jurisprudence of the ,ancient ,hebrews1 p4 #gg1 n4 #afc4 ,cf4 #b ,maccabees1 xiv4 #cg sqq4 ,footnote #acj3 ,ab ,zara1 #ah ,a1 quoted by ,mendelsohn1 op4 cit4 p4 #gh1 n4 #afc4 ,footnote #aca3 ,mendelsohn1 op4 cit4 p4 #gg4 ,footnote #acb3 ,koran1 iv4 #cc4 ,footnote #acc3 ,i have often heard this myself4 ,cf4 ,westcott1 ,suicide1 p4 #ab4 ,footnote #acd3 ,lisle1 ,du suicide1 pp4 #cje1 #cde sq4 ,legoyt1 ,le suicide ancien et moderne1 p4 #g4 ,morselli1 ,il suicidio1 p4 #cc4 ,westcott1 op4 cit4 p4 #ab4 ,ancient ,greece had its honourable suicides4 ,the ,milesian and ,corinthian women1 who by a voluntary death escaped from falling into the hands of the enemy1 were praised in epigrams4#ace ,the story that ,themistocles preferred death to bearing arms against his native country was circulated with a view to doing honour to his memory4#acf ,the tragedians frequently give expression to the idea that suicide is in certain circumstances becoming to a noble mind4#acg ,hecuba blames ,helena for not putting an end to her life by a rope or a sword4#ach ,phaedra#aci and ,leda#adj kill themselves out of shame1 ,haemon from violent remorse4#ada ,ajax decides to die after having in vain attempted to kill the ,atreidae1 maintaining that one of generous strain should nobly live1 or forthwith nobly die4#adb ,instances are1 moreover1 mentioned of women killing themselves on the death of their husbands2#adc and in ,cheos it was the custom to prevent #bdh the decrepitude of old age by a voluntary death4#add ,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 body1#ade evidently in order to make him harmless after death4#adf ,plato says in his ',laws1' probably in agreement with ,attic custom1 that those who inflict death upon themselves from sloth or want of manliness1 shall be buried alone in such places as are uncultivated and nameless1 and that no column or inscription shall mark the spot where they are interred4#adg ,at ,thebes self-murderers were deprived of the accustomed funeral ceremonies1#adh and in ,cyprus they were left unburied4#adi ,the objections which philosophers raised against the commission of suicide were no doubt to some extent shared by popular sentiments4 ,pythagoras is represented as saying that we should not abandon our station in life without the orders of our commander1 that is1 ,god4#aej ,according to the ,platonic ,socrates1 the gods are our guardians and we are a possession of theirs1 hence there may be reason in saying that a man should wait1 and not take his own life until ,god summons him4#aea ,aristotle1 again1 maintains that he who from rage kills himself commits a wrong against the ,state1 and that therefore the ,state punishes him and civil infamy is attached to him4#aeb ,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 continent2#aec and the idea that suicide is a matter of public concern evidently prevailed in ,massilia1 where no man was allowed to make away with himself unless the magistrates had given him permission to do so4#aed ,but the #bdi opinions of the philosophers were anything but unanimous4#aee ,plato himself1 in his ',laws1' 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 misfortune1 or out of irremediable and intolerable shame4#aef ,hegesias1 surnamed the death-persuader1 who belonged to the ,cyrenaic school1 tried to prove the utter worthlessness and unprofitableness of life4#aeg ,according to ,epicurus we ought to consider whether it be better that death should come to us1 or we go to him4#aeh ,the ,stoics1 especially1 advocated suicide as a relief from all kinds of misery4#aei ,seneca remarks that it is a man's own fault if he suffers1 as1 by putting an end to himself1 he can put an end to his misery3--,as ,i would choose a ship to sail in1 or a house to live in1 so would ,i choose the most tolerable death when about to die4 4 4 4 ,human affairs are in such a happy situation1 that no one need be wretched but by choice4 ,do you like to be wretched8 ,live4 ,do you like it not8 ,it is in your power to return from whence you came4#afj ,the ,stoics did not deny that it is wrong to commit suicide in cases where the act would be an injury to society2#afa ,seneca himself points out that ,socrates lived thirty days in prison in expectation of death1 so as to submit to the laws of his country1 and to give his friends the enjoyment of his conversation to the last4#afb ,epictetus opposes indiscriminate suicide on religious grounds3--,friends1 wait for ,god2 when he shall give the signal and release you from this service1 then go to him2 but for the present endure to dwell in the place where he has put you4#afc ,such a signal1 however1 is given often enough3 it may consist in incurable disease1 intolerable pain1 or misery of any kind4 ,remember this3 the door is open2 be not more timid #bej than little children1 but as they say1 when the thing does not please them1 ',i will play no longer1' so do you1 when things seem to you of such a kind1 say ,i will no longer play1 and be gone3 but if you stay1 do not complain4#afd ,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 life4#afe ,footnote #ace3 ,schmidt1 ,die ,ethik der alten ,griechen1 ii4 #ddc4 ,footnote #acf3 ,diodorus ,siculus1 ,bibliotheca historica1 xi4 #eh4 #b sq4 ,footnote #acg3 ,see ,schmidt1 op4 cit4 ii4 #ddb sqq4 ,footnote #ach3 ,euripides1 ,troades1 #ajab sqq4 ,footnote #aci3 ,idem1 ,hippolytus1 #gae sqq4 ,footnote #adj3 ,idem1 ,helena1 #acd sqq4 ,footnote #ada3 ,sophocles1 ,antigone1 #abcd sqq4 ,footnote #adb3 ,idem1 ,ajax1 #dgj sqq4 ,cf4 ibid4 #fed sqq4 ,footnote #adc3 ,euripides1 ,supplices1 #ajjj sqq4 ,pausanias1 iv4 #b4 #g4 ,footnote #add3 ,strabo1 ,geographica1 x4 #e4 #f1 p4 #dhf4 ,aelian1 ,varia historia1 iii4 #cg4 ,cf4 ,boeckh1 ,gesammelte kleine ,schriften1 vii4 #cde sqq42 ,welcker1 ,kleine ,schriften1 ii4 #ejb sq4 ,footnote #ade3 ,aeschines1 ,in ,ctesiphontem1 #bdd4 ,footnote #adf3 ,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 7,oldfield1 in ,trans4 ,ethn4 ,soc4 ,n4,s4 iii4 #bhg74 ,footnote #adg3 ,plato1 ,leges1 ix4 #hgc4 ,footnote #adh3 ,schmidt1 op4 cit4 ii4 #ajd4 ,footnote #adi3 ,dio ,chrysostom1 ,orationes1 lxiv4 #c4 ,footnote #aej3 ,cicero1 ,cato ,major1 #bj 7#gc74 ,footnote #aea3 ,plato1 9999,phdo1 p4 #fb4 ,footnote #aeb3 ,aristotle1 ,ethica ,nicomachea1 v4 #aa4 #c4 ,footnote #aec3 ,see ,schmidt1 op4 cit4 ii4 #hc1 #dda2 ,rohde1 ,psyche1 p4 #bjb1 n4 #a4 ,footnote #aed3 ,valerius ,maximus1 ,factorum dictorumque memorabilia1 ii4 #f4 #g4 ,footnote #aee3 ,see ,geiger1 ,der ,selbstmord im klassischen ,altertum1 p4 #e sqq4 ,footnote #aef3 ,plato1 ,leges1 ix4 #hgc4 ,footnote #aeg3 ,cicero1 ,tusculan qustiones1 i4 #cd 7#hc sq474 ,valerius ,maximus1 viii4 #i4 ,externa #c4 ,footnote #aeh3 ,epicurus1 quoted by ,seneca1 ,epistul1 #bf4 ,footnote #aei3 ,see ,geiger1 op4 cit4 p4 #ae sqq4 ,footnote #afj3 ,seneca1 ,epistul1 #gj4 ,see also ,idem1 ,de ira1 iii4 #ae2 ,idem1 ,consolatia ad ,marciam1 #bj4 ,footnote #afa3 ,lecky1 ,history of ,european ,morals1 i4 #bad1 n4 #a4 ,footnote #afb3 ,seneca1 ,epistul1 #gj4 ,footnote #afc3 ,epictetus1 ,dissertationes1 i4 #i4 #af4 ,footnote #afd3 ,ibid4 i4 #bd4 #bj2 i4 #be4 #bj sq42 ii4 #af4 #cg sqq42 iii4 #ac4 #ad2 iii4 #bd4 #ie sqq4 ,footnote #afe3 ,pliny1 ,historia naturalis1 ii4 #e 7#g74 ,it seems that the ,roman people1 before the influence of ,christianity made itself felt1 regarded suicide with considerable moral indifference4 ,according to ,servius1 it was provided by the ,pontifical laws that whoever hanged himself should be cast out unburied2#aff but from what has been said before it is probable that this practice only owed its origin to fear of the dead man's ghost4 ,vergil enumerates self-murderers not among the guilty1 but among the unfortunate1 confounding them with infants who have died prematurely and persons who have been condemned to die on a false charge4#afg ,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 life4 ,the self-murderer's rights were in no way affected by his deed1 his memory was no less honoured than if he had died a natural death1 his will was recognised by law1 and the regular order of succession was not interfered with4#afh ,in ,roman law there are only two noteworthy exceptions to the rule that suicide is a matter with which the ,state has nothing to do3 it was prohibited in the case of soldiers1#afi and the enactment was made that the suicide of an accused person should entail the same consequences as his condemnation2 but in the latter instance the deed was admitted as a confession of guilt4#agj ,on the other #bea hand1 it seems to have been the general opinion in ,rome that suicide under certain circumstances is an heroic and praiseworthy act4#aga ,even ,cicero1 who professed the doctrine of ,pythagoras1#agb approved of the death of ,cato4#agc ,footnote #aff3 ,servius1 ,commentarii in ,virgilii neidos1 xii4 #fjc4 ,footnote #afg3 ,vergil1 neis1 vi4 #dbf sqq4 ,footnote #afh3 ,bourquelot1 ',recherches sur les opinions et la lgislation en matire de mort volontaire pendant le moyen age1' in ,bibliothque de l'cole des ,chartes1 iii4 #edd4 ,geiger1 op4 cit4 p4 #fd sqq4 ,bynkershoek1 ,observationes ,juris ,romani1 iv4 #d1 p4 #cej4 ,footnote #afi3 ,digesta1 xlix4 #af4 #f4 #g4 ,footnote #agj3 ,ibid4 xlviii4 #ba4 #c pr4 ,cf4 ,bourquelot1 op4 cit4 iii4 #edc sq42 ,gibbon1 ,decline and ,fall of the ,roman ,empire1 v4 #cbf2 ,lecky1 ,history of ,european ,morals1 i4 #bai4 ,footnote #aga3 ,studlin1 ,geschichte der ,vorstellungen und ,lehren vom ,selbstmorde1 p4 #fb sq4 ,footnote #agb3 ,cicero1 ,cato ,major1 #bj 7#gb sq474 ,footnote #agc3 ,idem1 ,de officiis1 i4 #ca 7#aab74 ,in no question of morality was there a greater difference between classical and ,christian doctrines than in regard to suicide4 ,the earlier ,fathers of the ,church still allowed1 or even approved of1 suicide in certain cases1 namely1 when committed in order to procure martyrdom1#agd or to avoid apostacy1 or to retain the crown of virginity4 ,to bring death upon ourselves voluntarily1 says ,lactantius1 is a wicked and impious deed2 but when urged to the alternative1 either of forsaking ,god and relinquishing faith1 or of expecting all torture and death1 then it is that undaunted in spirit we defy that death with all its previous threats and terrors which others fear4#age ,eusebius and other ecclesiastical writers mention several instances of ,christian women putting an end to their lives when their chastity was in danger1 and their acts are spoken of with tenderness1 if not approbation2 indeed1 some of them were admitted into the calendar of saints4#agf ,this admission was due to the extreme honour in which virginity was held by the ,fathers2 ,st4 ,jerome1 who denied that it was lawful in times of persecution to die by one's own hands1 made an exception for cases in which a person's chastity was at stake4#agg ,but even this exception was abolished by ,st4 ,augustine4 ,he allows that the virgins who laid violent hands upon themselves are worthy of compassion1 but declares that there was no necessity for their doing so1 since chastity is a virtue of #beb the mind which is not lost by the body being in captivity to the will and superior force of another4 ,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 calamity4 ,on the contrary1 suicide is prohibited in the commandment1 ,thou shalt not kill1 namely1 neither thyself nor another2 for he who kills himself kills no other but a man4#agh ,this doctrine1 which assimilates suicide with murder1 was adopted by the ,church4#agi ,nay1 self-murder was declared to be the worst form of murder1 the most grievous thing of all2#ahj already ,st4 ,chrysostom had declared that if it is base to destroy others1 much more is it to destroy one's self4#aha ,the self-murderer was deprived of rights which were granted to all other criminals4 ,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 received1 except of such as laid violent hands on themselves2#ahb and a subsequent ,council denied self-murderers the usual rites of ,christian burial4#ahc ,it was even said that ,judas committed a greater sin in killing himself than in betraying his master ,christ to a certain death4#ahd ,footnote #agd3 ,see ,barbeyrac1 ,trait de la morale des ,pres de l'glise1 pp4 #ah1 #abb sq42 ,buonafede1 ,istoria critica e filosofica del suicidio1 p4 #ace sqq42 ,lecky1 op4 cit4 ii4 #de sq4 ,footnote #age3 ,lactantius1 ,divines ,institutiones1 vi4 7',de vero cultu'7 #ag 7,migne1 ,patrologi cursus1 vi4 #fig74 ,footnote #agf3 ,eusebius1 ,historia ecclesiastica1 viii4 #ab 7,migne1 op4 cit4 ,ser4 ,graeca1 xx4 #gfi sqq471 #ad 7ibid4 col4 #ghe sqq474 ,st4 ,ambrose1 ,de virginibus1 xiii4 #g 7,migne1 op4 cit4 xvi4 #bbi sqq474 ,st4 ,chrysostom1 ,homilia encomiastica in ,s4 ,martyrem ,pelagiam 7,migne1 op4 cit4 ,ser4 ,graeca1 l4 #egi sqq474 ,footnote #agg3 ,st4 ,jerome1 ,commentarii in ,jonam1 i4 #ab 7,migne1 op4 cit4 xxv4 #aabi74 ,footnote #agh3 ,st4 ,augustine1 ,de ,civitate ,dei1 i4 #af sqq4 ,footnote #agi3 ,gratian1 ,decretum1 ii4 #bc4 #e4 #i4 #c4 ,footnote #ahj3 ,thomas ,aquinas1 ,summa theologica1 ii4-ii4 #fd4 #e4 #c4 ,footnote #aha3 ,st4 ,chrysostom1 ,in ,epistolam ad ,galatas commentarius1 i4 #d 7,migne1 op4 cit4 ,ser4 ,graeca1 lxi4 #fah sq474 ,footnote #ahb3 ,concilium ,aurelianense ,,ii4 ,a4,d4 #ecc1 can4 #ae 7,labbe-,mansi1 ,sacrorum ,conciliorum collectio1 viii4 #hcg74 ,see also ,concilium ,autisiodorense1 ,a4,d4 #egh1 can4 #ag 7,labbe-,mansi1 ix4 #iac74 ,footnote #ahc3 ,concilium ,bracarense ,,ii4 ,a4,d4 #efc1 cap4 #af 7,labbe-,mansi1 op4 cit4 ix4 #ggi74 ,footnote #ahd3 ,damhouder1 ,praxis rerum criminalium1 lviii4 #b sq41 p4 #beh4 ,see ,gratian1 op4 cit4 ii4 #cc4 #c4 #c4 #ch4 ,at the trial of the ,marquise de ,brinvilliers in #afgf1 the presiding judge said to the prisoner that the greatest of all her crimes1 horrible as they were1 was1 not the poisoning of her father and brothers1 but her attempt to poison herself 7,ives1 ,classification of ,crimes1 p4 #cf74 ,according to the ,christian doctrine1 as formulated by ,thomas ,aquinas1 suicide is utterly unlawful for three reasons4 ,first1 everything naturally loves itself and preserves itself in being2 suicide is against a natural inclination and contrary to the charity which a man ought to bear towards himself1 and consequently a mortal sin4 #bec ,secondly1 by killing himself a person does an injury to the community of which he is a part4 ,thirdly1 life is a gift divinely bestowed on man1 and subject to ,his power who 'killeth and maketh alive'2 and therefore he who takes his own life sins against ,god1 as he who kills another man's slave sins against the master to whom the slave belongs1 and as he sins who usurps the office of judge on a point not referred to him2 for to ,god alone belongs judgment of life and death4#ahe ,the second of these arguments is borrowed from ,aristotle1 and is entirely foreign to the spirit of early ,christianity4 ,the notion of patriotism being a moral duty was habitually discouraged by it1 and1 as ,mr4 ,lecky observes1 it was impossible to urge the civic argument against suicide without at the same time condemning the hermit life1 which in the third century became the ideal of the ,church4#ahf ,but the other arguments are deeply rooted in some of the fundamental doctrines of ,christianity--in the sacredness of human life1 in the duty of absolute submission to ,god's will1 and in the extreme importance attached to the moment of death4 ,the earthly life is a preparation for eternity2 sufferings which are sent by ,god are not to be evaded1 but to be endured4#ahg ,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 ,master2 and1 worst of all1 he does so in the very last minute of his life1 when his doom is sealed for ever4 ,his deed1 as ,thomas ,aquinas says1 is the most dangerous thing of all1 because no time is left to expiate it by repentance4#ahh ,he who kills a fellow-creature does not in the same degree renounce the protection of ,god2 he kills only the body1 whereas the self-murderer kills both the body and the soul4#ahi ,by denying the latter the right of ,christian #bed burial the ,church recognises that he has placed himself outside her pale4 ,footnote #ahe3 ,thomas ,aquinas1 op4 cit4 ii4-ii4 #fd4 #e4 ,footnote #ahf3 ,lecky1 ,history of ,european ,morals1 ii4 #dd4 ,footnote #ahg3 ,cf4 ,st4 ,augustine1 ,de ,civitate ,dei1 i4 #bc4 ,footnote #ahh3 ,thomas ,aquinas1 op4 cit4 ii4-ii4 #fd4 #e4 #c4 ,cf4 ,st4 ,augustine1 ,de ,civitate ,dei1 i4 #be4 ,footnote #ahi3 ,damhouder1 op4 cit4 lxxxviii4 #a sq41 p4 #beh4 ,the condemnation of the ,church influenced the secular legislation4 ,the provisions of the ,councils were introduced into the law-books4 ,in ,france ,louis ,,ix4 enforced the penalty of confiscating the self-murderer's property1#aij and laws to the same effect were passed in other ,european countries4#aia ,louis ,,xiv4 assimilated the crime of suicide to that of lze majest4#aib ,according to the law of ,scotland1 self-murder is as highly criminal as the killing our neighbour4#aic ,in ,england suicide is still regarded by the law as murder committed by a man on himself2#aid and1 unless declared insane1 the self-murderer forfeited his property as late as the year #ahgj1 when forfeitures for felony were abolished4#aie ,in ,russia1 to this day1 the testamentary dispositions of a suicide are deemed void by the law4#aif ,footnote #aij3 ,les tablissements de ,saint ,louis1 i4 #ib1 vol4 ii4 #aej4 ,footnote #aia3 ,bourquelot1 op4 cit4 iv4 #bfc4 ,morselli1 op4 cit4 p4 #aif sq4 ,footnote #aib3 ,louis ,,xiv41 ',ordonnance criminelle1' ,a4,d4 #afgj1 xxii4 #a1 in ,isambert1 ,decrusy1 and ,taillandier1 ,recueil gnral des anciennes lois franaises1 xviii4 #dad4 ,footnote #aic3 ,erskine-,rankine1 ,principles of the ,law of ,scotland1 p4 #eei4 ,footnote #aid3 ,stephen1 ,history of the ,criminal ,law of ,england1 iii4 #ajd4 ,for earlier times see ,bracton1 ,de ,legibus et ,consuetudinibus ,angli1 fol4 #aej1 vol4 ii4 #ejd sq4 ,footnote #aie3 ,stephen1 op4 cit4 iii4 #aje4 ,footnote #aif3 ,foinitzki1 in von ,liszt1 ,la lgislation pnale compare1 p4 #edh4 ,the horror of suicide also found a vent in outrages committed on the dead body4 ,of a woman who drowned herself in ,edinburgh in #aeih1 we are told that her body was harled through the town backwards1 and thereafter hanged on the gallows4#aig ,in ,france1 as late as the middle of the eighteenth century1 self-murderers were dragged upon a hurdle through the streets with the face turned to the ground2 they were then hanged up with the head downwards1 and finally thrown into the common sewer4#aih ,however1 in most cases the treatment to which suicides bodies were subject was not originally meant as a punishment1 but was intended to prevent their spirits #bee from causing mischief4 ,all over ,europe wandering tendencies have been ascribed to their ghosts4#aii ,in some countries the corpse of a suicide is supposed to make barren the earth with which it comes in contact1#bjj or to produce hailstorms or tempests#bja or drought4#bjb ,at ,lochbroom1 in the ,north-,west of ,scotland1 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 land1 this would prove disastrous both to fishing and agriculture1 or1 in the words of the people1 would cause famine 7or dearth7 on sea and land2 hence the custom has been to inter suicides in out-of-the-way places among the lonely solitudes of the mountains4#bjc ,the practice of burying them apart from other dead has been very wide-spread in ,europe1 and in many cases there are obvious indications that it arose from fear4#bjd ,in the ,north-,east of ,scotland a suicide was buried outside a churchyard1 close beneath the wall1 and the grave was marked by a single large stone1 or by a small cairn1 to which the passing traveller was bound to cast a stone2 and afterwards1 when the suicide's body was allowed to rest in the churchyard1 it was laid below the wall in such a position that no one could walk over the grave1 as the people believed that if a woman enceinte stepped over such a #bef grave1 her child would quit this earth by its own act4#bje ,in ,england persons against whom a coroner's jury had found a verdict of felo de se were buried at cross-roads1 with a stake driven through the body so as to prevent their ghosts from walking4#bjf ,for the same purpose the bodies of #beg suicides were in many cases burned4#bjg ,and when removed from the house where the act had been committed1 they were commonly carried out1 not by the door1 but by a window1#bjh or through a perforation specially made for the occasion in the door1#bji or through a hole under the threshold1#baj in order that the ghost should not find its way back into the house1 or perhaps with a view to keeping the entrance of the house free from dangerous infection4#baa ,footnote #aig3 ,ross1 ',superstitions as to burying ,suicides in the ,highlands1' in ,celtic ,magazine1 xii4 #ced4 ,footnote #aih3 ,serpillon1 ,code ,criminel1 ii4 #bbc4 ,cf4 ,louis ,,xiv41 ',ordonnance criminelle1' ,a4,d4 #afgj1 xxii4 #a1 in ,isambert1 ,decrusy1 and ,taillandier1 op4 cit4 xviii4 #dad4 ,footnote #aii3 ,ross1 in ,celtic ,magazine1 xii4 #ceb 7,highlanders of ,scotland74 ,atkinson1 ,forty ,years in a ,moorland ,parish1 p4 #bag4 ,hyltn-,cavallius1 ,wrend och ,wirdarne1 i4 #dgb sq4 7,swedes74 ,allardt1 ',nylndska folkseder och bruk1' in ,nyland1 iv4 #aad 7,swedish ,finlanders74 ,wuttke1 ,der deutsche ,volksaberglaube der ,gegenwart1 #gef1 p4 #dgd sq4 ,schiffer1 ',totenfetische bei den ,polen1' in ,am ,ur-,quell1 iii4 #ej 7,polanders71 #eb 7,lithuanians74 ,volkov1 ',der ,selbstmrder in ,lithauen1' ibid4 v4 #hg4 von ,wlislocki1 ',tod und ,totenfetische im ,volkglauben der ,siebenbrger ,sachsen1' ibid4 iv4 #ec4 ,lippert1 ,christenthum1 ,volksglaube und ,volksbrauch1 p4 #cia4 ,dyer1 ,the ,ghost ,world1 pp4 #ec1 #aea4 ,gaidoz1 ',le suicide1' in ,mlusine1 iv4 #ab4 ,footnote #bjj3 ,schiffer1 in ,am ,ur-,quell1 iii4 #eb 7,lithuanians74 ,footnote #bja3 ,ibid4 pp4 #ej 7,polanders71 #ec 7,lithuanians74 von ,wlislocki1 ,volksglaube und religiser ,brauch der ,magyaren1 p4 #fa4 ,strausz1 ,die ,bulgaren1 p4 #dee4 ,prexl1 ',geburts- und ,todtengebruche der ,rumnen in ,siebenbrgen1' in ,globus1 lvii4 #cj4 ,footnote #bjb3 ,strausz1 op4 cit4 p4 #dee 7,bulgarians74 ,footnote #bjc3 ,ross1 in ,celtic ,magazine1 xii4 #cej sq4 ,footnote #bjd3 ,gaidoz1 in ,mlusine1 iv4 #ab4 ,frank1 ,system einer vollstndigen medicinischen ,polizey1 iv4 #dii4 ,moore1 op4 cit4 i4 #caj 7,danes74 ,schiffer1 in ,am ,ur-,quell1 iii4 #ej 7,polanders71 #ec 7,lithuanians74 ,volkov1 ibid4 v4 #hg 7,lithuanians74 ,strausz1 op4 cit4 p4 #dee 7,bulgarians74 ,footnote #bje3 ,gregor1 ,folk-,lore of the ,north-,east of ,scotland1 p4 #bac sq4 ,footnote #bjf3 ,stephen1 ,history of the ,criminal ,law of ,england1 iii4 #aje4 ,atkinson1 op4 cit4 p4 #bag4 ,this custom was formally abolished in #ahbc by #d ,geo4 ,,iv4 c4 #eb 7,stephen1 op4 cit4 iii4 #aje74 ,why were suicides buried at cross-roads8 ,possibly because the cross was supposed to disperse the evil energy ascribed to their bodies4 ,both in ,europe and ,india the cross-road has1 since ancient times1 been a favourite place to divest oneself of diseases or other influences 7,wuttke1 ,der deutsche ,volksaberglaube der ,gegenwart1 #dhc1 #dhd1 #dib1 #ejh1 #ead1 #ebb1 #ede1 pp4 #cbe1 #cbf1 #cca1 #cda1 #cde1 #cdi1 #cfa4 ,hymns of the ,atharva-,veda1 pp4 #bgb1 #dgc1 #eai4 ,oldenberg1 ,die ,religion des ,veda1 pp4 #bfg1 #bfh n4 #a74 ,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 7,gautama1 xxiii4 #ag71 and that a person who has previously undergone certain other purification ceremonies is freed from all crimes1 even mortal sins1 after looking on a cross-road at a pot filled with water1 and reciting the text1 ',simhe me manyuh' 7,baudhyana1 iv4 #g4 #g74 ,in the hills of ,northern ,india and as far as ,madras1 an approved charm for getting rid of a disease of demoniacal origin is to plant a stake where four roads meet1 and to bury grains underneath1 which crows disinter and eat 7,north ,indian ,notes and ,queries1 i4 #feb1 p4 #ajj2 ,madden1 ',the ,turaee and ,outer ,mountains of ,kumaoon1' in ,jour4 ,asiatic ,soc4 ,bengal1 xvii4 pt4 i4 #ehc2 ,crooke1 ,popular ,religion and ,folk-,lore of ,northern ,india1 i4 #bij74 ,in the ,province of ,bihar1 in cases of sickness various articles are exposed in a saucer at a cross-road 7,grierson1 ,bihar ,peasant ,life1 p4 #djg74 ,according to a ,bulgarian tale1 ,lot was enjoined by the priest to plant on a cross-road three charred twigs in order to free himself from his sin 7,strausz1 op4 cit4 p4 #aae74 ,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 7von ,wlislocki1 ',menschenblut im ,glauben der ,zigeuner1' in ,am ,ur-,quell1 iii4 #fd sq474 ,in ,morocco the cross is used as a charm against the evil eye1 and the chief reason for this is1 ,i believe1 that it is regarded as a conductor of the baneful energy emanating from the eye1 dispersing it in all the quarters of the wind and thus preventing it from injuring the person or object looked at 7,westermarck1 ',magic ,origin of ,moorish ,designs1' in ,jour4 ,anthr4 ,inst4 xxxiv4 #bad74 ,in ,japan1 if a criminal belonging to one of the lower classes commits suicide1 his body is crucified 7,globus1 xviii4 #aig74 ,when1 under ,tarquinius ,priscus 7or ,tarquinius ,superbus71 many ,romans preferred voluntary death to compulsory labour in the cloaca1 or artificial canals by which the sewage was carried into the ,tiber1 the king ordered that their bodies should be crucified and abandoned to birds and beasts of prey 7,pliny1 ,historia naturalis1 xxxvi4 #bd2 ,servius1 ,commentarii in ,virgilii neidos1 xii4 #fjc74 ,the reason for thus crucifying the bodies of self-murderers is not stated2 but it is interesting to notice1 in this connection1 the idea expressed by some ,christian writers that the cross of the ,saviour symbolised the distribution of his benign influence in all directions 7d',ancona1 ,origini del teatro italiano1 i4 #fdf2 ,tauler1 quoted by ,peltzer1 ,deutsche ,mystik und deutsche ,kunst1 p4 #aia4 ,i am indebted to my friend ,dr4 ,yrj ,hirn for drawing my attention to this idea74 ,with reference to persons who had killed a father1 mother1 brother1 or child1 ,plato says in his ',laws' 7ix4 #hgc73--;,if he be convicted1 the servants of the judges and the magistrates shall slay him at an appointed place without the city where three ways meet1 and there expose his body naked1 and each of the magistrates on behalf of the whole city shall take a stone and cast it upon the head of the dead man1 and so deliver the city from pollution2 after that1 they shall bear him to the borders of the land1 and cast him forth unburied1 according to law4 ,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 7,leffler1 ,om den fornsvenska hednalagen1 p4 #dj sq42 supra1 i4 #ejb74 ,in various countries it has been the custom to bury the dead at cross-roads 7,grimm1 ',ueber das ,verbrennen der ,leichen1' in ,kleinere ,schriften1 ii4 #bhh 7,bohemians74 ,lippert1 ,die ,religionen der europischen ,culturvlker1 p4 #caj 7,slavonians72 ,winternitz1 ,das altindische ,hochzeitsrituell1 p4 #fh2 ,oldenberg1 ,die ,religion des ,veda1 pp4 #bfg1 #bfh1 #efb n4 #c7--;a custom which may have given rise to the idea that cross-roads are haunted 7,winternitz1 op4 cit4 p4 #fh2 ,oldenberg1 op4 cit4 p4 #bfg sq42 cf4 ,wuttke1 op4 cit4 #ajh1 p4 #hi sq474 ,footnote #bjg3 ,bourquelot1 loc4 cit4 iv4 #bfc4 ,hyltn-,cavallius1 op4 cit4 i4 #dei2 ,nordstrm1 ,bidrag till den svenska samhlls-frfattningens historia1 ii4 #cca 7,swedes71 von ,wlislocki1 ',tod und ,totenfetische im ,volkglauben der ,siebenbrger ,sachsen1' in ,am ,ur-,quell1 iv4 #ec4 ,footnote #bjh3 ,wuttke1 op4 cit4 #gef1 p4 #dgd2 ,frank1 op4 cit4 iv4 #dih sq42 ,lippert1 ,der ,seelencult1 p4 #aa 7people in various parts of ,germany74 ,schiffer1 in ,am ,ur-,quell1 iii4 #ej 7,polanders74 ,footnote #bji3 ,bourquelot1 loc4 cit4 iv4 #bfd 7at ,abbeville74 ,footnote #baj3 ,grimm1 ,deutsche ,rechtsalterthmer1 p4 #gbf sqq4 ,hyltn-,cavallius1 op4 cit4 i4 #dgb sq4 7,swedes74 ,footnote #baa3 ,see infra1 on ,regard for the ,dead4 ,contact with a self-murderer's body is considered polluting 7,prexl1 ',geburts- und ,todtengebruche der ,rumnen in ,siebenbrgen1' in ,globus1 lvii4 #cj2 ,hyltn-,cavallius1 ,wrend och ,wirdarne1 i4 #dei1 #dfj1 and ii4 #dab74 ,we are told that in the eighteenth century people did not dare to cut down a person who had hanged himself1 though he was found still alive 7,frank1 op4 cit4 iv4 #dii74 ,among the ,bannavs of ,cambodia 9999everybody who takes part in the burial of a self-murderer is obliged to undergo a certain ceremony of purification1 whereas no such ceremony is prescribed in the case of other burials 7,mittheil4 d4 ,geogr4 ,ges4 zu ,jena1 iii4 #i74 ,however1 side by side with the extreme seventy with which suicide is viewed by the ,christian ,church1 we find1 even in the ,middle ,ages1 instances of more humane feelings towards its perpetrator4 ,in medival tales and ballads true lovers die together and are buried in the same grave2 two roses spring through the turf and twine lovingly together4#bab ,in the later ,middle ,ages1 says ,m4 #beh ,bourquelot1 on voit qu' mesure qu'on avance1 l'antagonisme devient plus prononc entre l'esprit religieux et les ides mondaines relativement la mort volontaire4 ,le clerg continue suivre la route qui a t trace par ,saint ,augustin et dclarer le suicide criminel et impie2 mais la tristesse et le dsespoir n'entendent pas sa voix1 ne se souviennent pas de ses prescriptions4#bac ,the revival of classical learning1 accompanied as it was by admiration for antiquity and a desire to imitate its great men1 not only increased the number of suicides1 but influenced popular sentiments on the subject4#bad ,even the ,catholic casuists1 and later on philosophers of the school of ,grotius and others1 began to distinguish certain cases of legitimate suicide1 such as that committed to avoid dishonour or probable sin1 or that of a condemned person saving himself from torture by anticipating an inevitable death1 or that of a man offering himself to death for the sake of his friend4#bae ,sir ,thomas ,more1 in his ,utopia1 permits a person who is suffering from an incurable and painful disease to take his own life1 provided that he does so with the agreement of the priests and magistrates2 nay1 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 others4#baf ,donne1 the well-known ,dean of ,st4 ,paul's1 wrote in his younger days a book in defence of suicide1 a ,declaration1 as he called it1 of that paradoxe1 or thesis1 that ,self-homicide is not so naturally sin1 that it may never be otherwise4 ,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 species1 and yet not natural to every individual member of it4#bag ,in one of his essays ,montaigne pictures classical cases of suicide with colours of unmistakable sympathy4 ,la plus volontaire mort1 he #bei observes1 c'est la plus belle4 ,la vie despend de la volont d'aultruy2 la mort1 de la nostre4#bah ,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 suicide4 ,montesquieu advocated its legitimacy3--,la socit est fonde sur un avantage mutuel2 mais lorsqu'elle me devient onreuse1 qui m'empche d'y renoncer8 ,la vie m'a t donne comme une faveur2 je puis donc la rendre lorsqu'elle ne l'est plus3 la cause cesse1 l'effet doit donc cesser aussi4#bai ,voltaire strongly opposed the cruel laws which subjected a suicide's body to outrage and deprived his children of their heritage4#bbj ,if his act is a wrong against society1 what is to be said of the voluntary homicides committed in war1 which are permitted by the laws of all countries8 ,are they not much more harmful to the human race than self-murder1 which nature prevents from ever being practised by any large number of men8#bba ,beccaria pointed out that the ,state is more wronged by the emigrant than by the suicide1 since the former takes his property with him1 whereas the latter leaves his behind4#bbb ,according to ,holbach1 he who kills himself is guilty of no outrage on nature or its author2 on the contrary1 he follows an indication given by nature when he parts from his sufferings through the only door which has been left open4 ,nor has his country or his family any right to complain of a member whom it has no means of rendering happy1 and from whom it consequently has nothing more to hope4#bbc ,others eulogised suicide when committed for a noble end1#bbd or recommended it on certain occasions4 ,suppose1 says ,hume1 that it is no longer in my #bfj power to promote the interest of society2 suppose that ,i am a burthen to it2 suppose that my life hinders some person from being much more useful to society4 ,in such cases my resignation of life must not only be innocent but laudable4#bbe ,hume also attacks the doctrine that suicide is a transgression of our duty to ,god4 ,if it would be no crime in me to divert the ,nile from its course1 were ,i able to do so1 how could it be a crime to turn a few ounces of blood from their natural channel8 ,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 lives1 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 it8 ,my death1 however voluntary1 does not happen without the consent of ,providence2 when ,i fall upon my own sword1 ,i receive my death equally from the hands of the ,deity as if it had proceeded from a lion1 a precipice1 or a fever4#bbf ,footnote #bab3 ,see ,bourquelot1 loc4 cit4 iv4 #bdh2 ,gummere1 ,germanic ,origins1 p4 #cbb4 ,footnote #bac3 ,bourquelot1 loc4 cit4 iv4 #bec4 ,footnote #bad3 ,ibid4 iv4 #dfd4 ,morselli1 op4 cit4 p4 #ce4 ,footnote #bae3 ,buonafede1 op4 cit4 p4 #adh sqq4 ,lecky1 op4 cit4 ii4 #ee4 ,footnote #baf3 ,more1 ,utopia1 p4 #abb4 ,footnote #bag3 ,donne1 ,biathanatos1 p4 #de4 ,donne's book was first committed to the press in #afdd1 by his son4 ,footnote #bah3 ,montaigne1 ,essais1 ii4 #c 7,,oeuvres1 p4 #ahg74 ,footnote #bai3 ,montesquieu1 ,lettres ,persanes1 #gf 7,,oeuvres1 p4 #ec74 ,footnote #bbj3 ,voltaire1 ,commentaire sur le livre ,des dlits et des peines1 #ai 7,,oeuvres compltes1 v4 #daf74 ,idem1 ,prix de la justice et de l'humanit1 #e 7ibid4 v4 #dbd74 ,footnote #bba3 ,idem1 ,note to ,olympie acte v4 scne #g 7,,oeuvres compltes1 i4 #hbf1 n4 b74 ,idem1 ,dictionnaire ,philosophique1 art4 ,suicide 7ibid4 viii4 #bcf74 ,footnote #bbb3 ,beccaria1 ,dei delitti e delle pene1 #ce 7,opere1 i4 #aja74 ,footnote #bbc3 ,holbach1 ,systme de la nature1 i4 #cfi4 ,footnote #bbd3 ,in the early part of the nineteenth century this was done by ,fries1 ,neue oder anthropologische ,kritik der ,vernunft1 iii4 #aig4 ,footnote #bbe3 ,hume1 ',suicide1'in ,philosophical ,works1 iv4 #dac4 ,footnote #bbf3 ,ibid4 p4 #djg sqq4 ,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 ,state4 ,but a doctrine which has for ages been inculcated by the leading authorities on morals is not easily overthrown2 and when the old arguments are found fault with new ones are invented4 ,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 it4#bbg ,fichte argued that it is our duty to preserve our life and to will to live1 not for the sake of life1 but because our life is the exclusive condition of the realisation of the moral law through us4#bbh ,according to ,hegel it is a contradiction to speak of a person's right over his life1 since this would #bfa imply a right of a person over himself1 and no one can stand above and execute himself4#bbi ,paley1 again1 feared that if religion and morality allowed us to kill ourselves in any case1 mankind would have to live in continual alarm for the fate of their friends and dearest relations#bcj--;just as if there were a very strong temptation for men to shorten their lives4 ,but common sense is neither a metaphysician nor a sophist4 ,when not restrained by the yoke of a narrow theology1 it is inclined in most cases to regard the self-murderer as a proper object of compassion rather than of condemnation1 and in some instances to admire him as a hero4 ,the legislation on the subject therefore changed as soon as the religious influence was weakened4 ,the laws against suicide were abolished in ,france by the ,revolution1#bca and afterwards in various other continental countries2#bcb whilst in ,england it became the custom of jurymen to presume absence of a sound mind in the self-murderer--perjury1 as ,bentham said1 being the penance which prevented an outrage on humanity4#bcc ,these measures undoubtedly indicate not only a greater regard for the innocent relatives of the self-murderer1 but also a change in the moral ideas concerning the act itself99994 ,footnote #bbg3 ,kant1 ,metaphysische ,anfangungsgrnde der ,tugendlehre1 p4 #gc4 ,footnote #bbh3 ,fichte1 ,das ,system der ,sittenlehre1 p4 #cci sqq4 ,see also ibid4 pp4 #cfj1 #cia4 ,footnote #bbi3 ,hegel1 ,grundlinien der ,philosophie des ,rechts1 #gj1 ,zusatz1 p4 #gb4 ,footnote #bcj3 ,paley1 ,principles of ,moral and ,political ,philosophy1 iv4 #c 7,complete ,works1 ii4 #bcj74 ,footnote #bca3 ,legoyt1 op4 cit4 p4 #aji4 ,footnote #bcb3 ,bourquelot1 loc4 cit4 iv4 #dge4 ,footnote #bcc3 ,bentham1 ,principles of ,penal ,law1 ii4 #d4 #d 7,works1 i4 #dgi sq474 ,as appears from this survey of facts1 the moral valuation of suicide varies to an extreme degree4 ,it depends partly on the circumstances in which the act is committed1 partly on the point of view from which it is regarded and the notions held about the future life4 ,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 god1 his deed may be an object of the highest praise4 ,it may1 further1 call forth approval or admiration as indicating a keen sense of honour or as a test of courage2 in ,japan1 says ,professor ,chamberlain1 the courage to take #bfb life--be it one's own or that of others--ranks extraordinarily high in public esteem4#bcd ,in other cases suicide is regarded with indifference as an act which concerns the agent alone4 ,but for various reasons it is also apt to give rise to moral disapproval4 ,the injury which the person committing it inflicts upon himself may excite sympathetic resentment towards him2 he may be looked upon as injurer and injured at the same time4 ,plato asks in his ',laws'3--,what ought he to suffer who murders his nearest and so-called dearest friend8 ,i mean1 he who kills himself4#bce ,and the same point of view is conspicuous in ,st4 ,augustine's argument1 that the more innocent the self-murderer was before he committed his deed the greater is his guilt in taking his life#bcf--;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 soul4 ,the condemnation of killing others may by an association of ideas lead to a condemnation of killing one's self1#bcg as is suggested by the ,christian doctrine that suicide is prohibited in the commandment1 ,thou shalt not kill4 ,the horror which the act inspires1 the fear of the malignant ghost1 and the defiling effect attributed to the shedding of blood1 also tend to make suicide an object of moral reprobation or to increase the disapproval of it2#bch 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 death1 which easily come to be looked upon in the light of a punishment4#bci ,suicide is1 moreover1 blamed as an act of moral cowardice1#bdj and1 especially1 as an injury inflicted upon other persons1 to whom the agent #bfc owed duties from which he withdrew by shortening his life4#bda ,even among savages we meet with the notion that a person is not entitled to treat himself just as he pleases4 ,among the ,goajiro ,indians of ,colombia1 if anybody accidentally cuts himself1 say with his own knife1 or breaks a limb1 or otherwise does himself an injury1 his family on the mother's side immediately demands blood-money1 since1 being of their blood1 he is not allowed to spill it without paying for it2 the father's relatives demand tear-money1 and friends present claim compensation to repay their sorrow at seeing a friend in pain4#bdb ,that a similar view is sometimes taken by savages with regard to suicide appears from a few statements quoted above4#bdc ,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 ,state4 ,the religious argument1 again1 that suicide is a sin against the ,creator1 an illegitimate interference with his work and decrees1 comes to prominence in proportion as the moral consciousness is influenced by theological considerations4 ,in ,europe this influence is certainly becoming less and less4 ,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 countries1 ,i am unable to subscribe to the opinion expressed by ,professor ,durkheim1 that the more lenient judgment passed on it by the public conscience of the present time is merely accidental and transient4 ,the argument adduced in support of this opinion leaves out of account the real causes to which the valuation of suicide is due3 it is said that the moral evolution is not likely to be retrogressive in this particular point after it has followed #bfd a certain course for centuries4#bdd ,it is true that moral progress has a tendency to increase our sense of duty towards our fellow-men4 ,but at the same time it also makes us more considerate as regards the motives of conduct2 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 neighbour4 ,footnote #bcd3 ,chamberlain1 ,things ,japanese1 p4 #bba4 ,footnote #bce3 ,plato1 ,leges1 ix4 #hgc4 ,footnote #bcf3 ,st4 ,augustine1 ,de ,civitate ,dei1 i4 #ag4 ,footnote #bcg3 ,see ,simmel1 ,einleitung in die ,moralwissenschaft1 i4 #ahg4 ,footnote #bch3 ,cf4 supra1 i4 #cgg4 ,footnote #bci3 ,see supra1 ii4 #bcg sqq42 ,josephus1 ,de bello ,judaico1 iii4 #h4 #e2 ,plato1 ,leges1 ix4 #hgc2 ,aristotle1 ,ethica ,nicomachea1 v4 #aa4 #b sq4 ,footnote #bdj3 ,hegel1 ,grundlinien der ,philosophie des ,rechts1 #gj1 ,zusatz1 p4 #gb2 ,fowler1 ,progressive ,morality1 p4 #aea2 c4 ,footnote #bda3 ,english lawyers have represented suicide as an offence both against ,god and against the sovereign1 who has an interest in the preservation of all his subjects 7,plowden1 ,commentaries1 i4 #bfa2 ,blackstone1 ,commentaries on the ,laws of ,england1 iv4 #aij4 ,cf4 ,ives1 op4 cit4 p4 #dj sq474 ,footnote #bdb3 ,simons1 ',exploration of the ,goajira ,peninsula1' in ,proceed4 ,roy4 ,geo4 ,soc4 ,n4 ,ser4 vii4 #gij4 ,footnote #bdc3 ,supra1 ii4 #bdj sq4 ,footnote #bdd3 ,durkheim1 ,le suicide1 p4 #cgg4 ,,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-creatures4 ,they are not only forbidden to take their own lives1 but are also in some measure considered to be under an obligation to support their existence1 to take care of their bodies1 to preserve a certain amount of personal freedom1 not to waste their property1 to exhibit self-respect1 and1 in general1 to promote their own happiness4 ,and closely related to these self-regarding duties there are self-regarding virtues1 such as diligence1 thrift1 temperance4 ,in all these cases1 however1 the moral judgment is greatly influenced by the question whether the act1 forbearance1 or omission1 which increases the person's own welfare1 conflicts or not with the interests of other people4 ,if it does conflict1 opinions vary as to the degree of selfishness which is recognised as allowable4 ,but judgments containing moral praise or the inculcation of duty are most commonly passed upon conduct which involves some degree of self-sacrifice1 not on such as involves self-indulgence4 ,moreover1 the duties which we owe to ourselves are generally much less emphasised than those which we owe to others4 ,nature1 says ,butler1 has not given us so sensible a disapprobation of imprudence and folly1 either in ourselves or others1 as of falsehood1 injustice1 and #bff cruelty4#a ,nor does a prudential virtue receive the same praise as one springing from a desire to promote the happiness of a fellow-man4 ,many moralists even maintain that1 properly speaking1 there are no self-regarding duties and virtues at all2 that useful action which is useful to ourselves alone is not matter for moral notice2 that in every case duties towards one's self may be reduced into duties towards others2 that intemperance and extravagant luxury1 for instance1 are blamable only because they tend to the public detriment1 and that prudence is a virtue only in so far as it is employed in promoting public interest4#b ,but this opinion is hardly in agreement with the ordinary moral consciousness4 ,footnote #a3 ,butler1 ',dissertation on the ,nature of ,virtue1' in ,analogy of ,religion1 c4 p4 #cci4 ,footnote #b3 ,hutcheson1 ,inquiry into the ,original of our ,ideas of ,beauty and ,virtue1 pp4 #acc1 #bja4 ,grote1 ,treatise on the ,moral ,ideals1 p4 #gg sqq4 ,clifford1 ,lectures and ,essays1 pp4 #bih1 #cce4 von ,jhering1 ,der ,zweck im ,recht1 ii4 #bbe4 ,it is undoubtedly true that no mode of conduct is exclusively self-regarding4 ,no man is an entirely isolated being1 hence anything which immediately affects a person's own welfare affects at the same time1 in some degree1 the welfare of other individuals4 ,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 others4 ,but this is certainly not the only factor which determines the judgment passed on it4 ,in the education of children various modes of self-regarding conduct are strenuously insisted upon by parents and teachers4 ,what they censure or punish is regarded as wrong1 what they praise or reward is regarded as good2 for1 as we have noticed above1 men have a tendency to sympathise with the retributive emotions of persons for whom they feel regard4#c ,moreover1 as in the case of suicide1#d so also in other instances of self-inflicted harm1 the injury committed may excite sympathetic resentment towards the agent1 although the victim of it is his own self4 ,disinterested likes or dislikes often give rise to moral #bfg approval or disapproval of conduct which is essentially self-regarding4#e ,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 it1 for the reason that he is not entitled wantonly to waste what is not at his unconditional disposal4#f ,and in various other ways--as will be seen directly--religious1 as well as magical1 ideas have influenced moral opinions relating to self-regarding conduct4 ,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 consciousness4 ,the influence they exercise upon other persons' welfare is generally too remote to attract much attention4 ,in education there is no need to emphasise any other self-regarding duties and virtues but those which1 for the sake of the individual's general welfare1 require some sacrifice of his immediate comfort or happiness4 ,the compassion which we are apt to feel for the victim of an injury is naturally lessened by the fact that it is self-inflicted4 ,and1 on the other hand1 indignation against the offender is disarmed by pity1 imprudence commonly carrying its own punishment along with it4#g ,footnote #c3 ,supra1 i4 #aad sq4 ,footnote #d3 ,supra1 ii4 #bfb4 ,footnote #e3 ,cf4 supra1 i4 #aaf sq4 ,footnote #f3 ,martineau1 ,types of ,ethical ,theory1 ii4 #abf4 ,footnote #g3 ,cf4 ,butler1 op4 cit4 p4 #cci sq42 ,dugald ,stewart1 ,philosophy of the ,active and ,moral ,powers of ,man1 ii4 #cdf sq4 ,being so little noticed by custom and public opinion1 and still less by law1 most self-regarding duties hardly admit of a detailed treatment4 ,in a general way it may be said that progress in intellectual culture has1 in some respects1 been favourable to their evolution2 ,darwin even maintains that1 with a few exceptions1 self-regarding virtues are not esteemed by savages4#h ,the less developed the intellect1 the less apt it is to recognise the remoter consequences of men's behaviour2 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 #bfh of his neighbours or the whole community of which he is a member4 ,so also1 owing to his want of foresight1 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 future4 ,we have noticed above that many savages hardly ever correct their children1#i and this means that one of the chief sources from which the notions of self-regarding duties spring is almost absent among them4 ,but on the other hand it must also be remembered that disinterested antipathies1 another cause of such notions1 exercise more influence upon the unreflecting than upon the reflecting moral consciousness1 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 culture4 ,footnote #h3 ,darwin1 ,descent of ,man1 p4 #aah sq4 ,footnote #i3 ,supra1 i4 #eac sq4 ,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 conduct3--industry and rest2 temperance1 fasting1 and abstinence from certain kinds of food and drink2 cleanliness and uncleanliness2 and ascetic practices generally4 99 99 99 99 99 ,man is naturally inclined to idleness1 not because he is averse from muscular activity as such1 but because he dislikes the monotony of regular labour and the mental exertion it implies4#aj ,in general he is induced to work only by some special motive which makes him think the trouble worth his while4 ,among savages1 who have little care for the morrow1#aa who have few comforts of life to provide for1 and whose property is often of such a kind as to prevent any great accumulation of it1 almost the sole inducement to industry is either necessity or compulsion4 ,men are lazy or industrious according as the necessaries of life are easy #bfi or difficult to procure1 and they prefer being idle if they can compel other persons to work for them as their servants or slaves4 ,footnote #aj3 ,cf4 ,ferrero1 ',les formes primitives du travail1' in ,revue scientifique1 ser4 iv4 vol4 v4 #cca sqq4 ,footnote #aa3 ,buecher1 ,die ,entstehung der ,volkswirtschaft1 p4 #ba sqq4 ,australian natives can exert themselves vigorously when hunting or fishing or fighting or dancing1 or at any time when there is a prospect of an immediate reward2 but prolonged labour with the object of securing ultimate gain is distasteful to them4#ab ,with reference to the ,polynesians ,mr4 ,hale observes that in those islands which are situated nearest the equator1 where the heat with little or no aid from human labour calls into existence fruits serving to support human life1 the inhabitants are an indolent and listless race2 whilst a severer clime and ruder soil are favourable to industry1 foresight1 and a hardy temperament4 ,these opposite effects are manifested in the ,samoans1 ,nukahivans1 and ,tahitians1 on the one side1 and the ,sandwich ,islanders and ,new ,zealanders on the other4#ac ,mr4 ,yate likewise contrasts the industry of the ,maoris with the proverbial idleness of the ,tonga ,islanders3 the former are obliged to work1 if they would eat1 whereas in the luxurious climate of the ,friendly ,islands1 there is scarcely any need of labour1 to obtain the necessaries1 and even many of the luxuries1 of life4#ad ,the ,malays are described as fond of a life of slothful ease1 because persevering toil is unnecessary1 or would bring them no additional enjoyments4#ae ,the natives of ,sumatra1 says ,marsden1 are careless and improvident of the future1 because their wants are few2 for though poor #bgj they are not necessitous1 nature supplying1 with extraordinary facility1 whatever she has made requisite for their existence4#af ,the ,toda of the ,neilgherry ,hills will not work one iota more than circumstances compel him to do2#ag and indolence seems to be a characteristic of most peoples of ,india1#ah though there are exceptions to the rule4#ai ,burckhardt observes that it is not the southern sun1 as ,montesquieu imagined1 but the luxuriance of the southern soil and the abundance of provisions that relax the exertions of the inhabitants and cause apathy3--,by the fertility of ,egypt1 ,mesopotamia1 and ,india1 which yield their produce almost spontaneously1 the people are lulled into indolence2 while in neighbouring countries1 of a temperature equally warm1 as among the mountains of ,yemen and ,syria1 where hard labour is necessary to ensure a good harvest1 we find a race as superior in industry to the former as the inhabitants of ,northern ,europe are to those of ,spain or ,italy4#bj ,indolence is a common1#ba though not universal1#bb trait of the ,african character4 ,of the ,negroes on the ,gold ,coast ,bosman says that nothing #bga but the utmost necessity can force them to labour4#bc ,the ,waganda are represented as excessively indolent1 in consequence of the ease with which they can obtain all the necessaries of life4#bd ,of the ,namaquas we are told that they may be seen basking in the sun for days together1 in listless inactivity1 frequently almost perishing from thirst or hunger1 when with very little exertion they may have it in their power to satisfy the cravings of nature4 ,if urged to work1 they have been heard to say3 ',why should we resemble the worms of the ground8'#be ,most of the ,american ,indians are said to have a slothful disposition1 because they can procure a livelihood with but little labour4#bf ,but the case is different with the ,greenlanders and other ,eskimo1 who have to struggle hard for their existence4#bg ,footnote #ab3 ,brough ,smyth1 ,aborigines of ,victoria1 i4 #bi sq4 ,see also ibid4 ii4 #bdh2 ,collins1 ,english ,colony in ,new ,south ,wales1 i4 #fja2 ,fison and ,howitt1 ,kamilaroi and ,kurnai1 p4 #bei sq4 ,footnote #ac3 ,hale1 ,u4,s4 ,exploring ,expedition4 ,vol4 ,,vi4 ,ethnography and ,philology1 p4 #ag4 ,see also ,williams1 ,missionary ,enterprises in the ,south ,sea ,islands1 p4 #ecd 7,samoans72 ,ellis1 ,polynesian ,researches1 i4 #acj sq4 7,tahitians72 ,brenchley1 ,cruise of ,h4,m4,s4 ,curaoa among the ,south ,sea ,islands1 p4 #eh 7natives of ,tutuila72 ,melville1 ,typee1 p4 #bhg 7some ,marquesas ,islanders72 ,anderson1 ,notes of ,travel in ,fiji and ,new ,caledonia1 p4 #bcf 7,new ,caledonians72 ,penny1 ,ten ,years in ,melanesia1 p4 #gd 7,solomon ,islanders74 ,footnote #ad3 ,yate1 ,account of ,new ,zealand1 p4 #aje sq4 ,footnote #ae3 ,mc,nair1 ,perak and the ,malays1 p4 #bja4 ,bock1 ,head-,hunters of ,borneo1 p4 #bge4 ,raffles1 ,history of ,java1 i4 #bea4 ,st4 ,john1 ,life in the ,forests of the ,far ,east1 ii4 #cbc4 ,footnote #af3 ,marsden1 ,history of ,sumatra1 p4 #bji4 ,see also ,glimpses of the ,eastern ,archipelago1 pp4 #gf1 #hg 7,bataks74 ,footnote #ag3 ,marshall1 ,a ,phrenologist amongst the ,todas1 p4 #hh4 ,see also ibid4 p4 #hf2 ,shortt1 ',hill ,tribes of the ,neilgherries1' in ,trans4 ,ethn4 ,soc4 ,n4,s4 vii4 #bda2 ,mantegazza1 ',studii sull' etnologia dell' ,india1' in ,archivio per l'antropologia e la etnologia1 xiii4 #djf4 ,footnote #ah3 ,cooper1 ,mishmee ,hills1 p4 #ajj 7,assamese74 ,tickell1 ',memoir on the ,hodsum1' in ,jour4 ,asiatic ,soc4 ,bengal1 ix4 #hjh 7,hos74 ,dalton1 ,ethnology of ,bengal1 pp4 #eg 7,jyntias and ,kasias71 #aja 7,lepchas74 ,burton1 ,sindh1 p4 #bhd4 ,moorcroft and ,trebeck1 ,travels in the ,himalayan ,provinces of ,hindustan1 i4 #cba 7,ladakhis74 ,caldwell1 ,tinnevelly ,shanars1 p4 #eh4 ,footnote #ai3 ,man1 ,sonthalia1 p4 #ai4 ,hodgson1 ,miscellaneous ,essays1 i4 #aeb 7,bdo and ,dhimls74 ,macpherson1 ,memorials of ,service in ,india1 p4 #ha 7,kandhs74 ,footnote #bj3 ,burckhardt1 ,arabic ,proverbs1 p4 #bai4 ,footnote #ba3 ,beltrame1 ,il ,snnaar1 i4 #aff4 ,tuckey1 ,expedition to ,explore the ,river ,zaire1 p4 #cfi4 ,johnston1 ,the ,river ,congo1 p4 #djb 7,bakongo74 ,casati1 ,ten ,years in ,equatoria1 i4 #he 7,abaka ,negroes74 ,wilson and ,felkin1 ,uganda1 ii4 #caj 7,gowane people74 ,burton1 ,zanzibar1 ii4 #if 7,wanika74 ,bonfanti1 ',l'incivilimento dei negri nell' ,africa intertropicale1' in ,archivio per l'antropologia e la etnologia1 xv4 #acc 7,bantu74 ,andersson1 ,lake ,ngami1 p4 #bca 7,herero74 ,magyar1 ,reisen in ,sd-,afrika1 p4 #bij 7,kimbunda74 ,kropf1 ,das ,volk der ,xosa-,kaffern1 p4 #hi4 ,tyler1 ,forty ,years among the ,zulus1 p4 #aid4 ,ellis1 ,history of ,madagascar1 i4 #adj4 ,shaw1 ',betsileo ,country and ,people1' in ,antananarivo ,annual1 iii4 #ha4 ,footnote #bb3 ,baker1 ,ismaila1 p4 #ef 7,shilluk74 ,baumann1 ,usambara1 p4 #bdd 7,wapare74 ,bosman1 ,description of the ,coast of ,guinea1 p4 #cah 7,negroes of ,fida74 ,andersson1 ,notes on ,travel in ,south ,africa1 p4 #bce 7,ovambo74 ,see also infra1 p4 #bgb4 ,footnote #bc3 ,bosman1 op4 cit4 p4 #aja4 ,footnote #bd3 ,wilson and ,felkin1 op4 cit4 i4 #bbe4 ,footnote #be3 ,andersson1 ,lake ,ngami1 p4 #cce4 ,see also ,kolben1 ,present ,state of the ,cape of ,good-,hope1 i4 #df1 #cbd2 ,barrow1 ,travels into the ,interior of ,southern ,africa1 i4 #aeb2 ,fritsch1 ,die ,eingeborenen ,sd-,afrika's1 p4 #cbd 7,hottentots74 ,footnote #bf3 ,bridges1 ',manners and ,customs of the ,firelanders1' in ,a ,voice for ,south ,america1 xiii4 #bjc 7,fuegians74 ,dobrizhoffer1 ,account of the ,abipones1 ii4 #aea2 but he praises the ,abiponian women for their unwearied industry 7ibid4 ii4 #aea sq474 ,brett1 ,indian ,tribes of ,guiana1 p4 #cdc2 ,kirke1 ,twenty-five ,years in ,british ,guiana1 p4 #aej4 ,domenech1 ,seven ,years' ,residence in the ,great ,deserts of ,north ,america1 ii4 #aij4 ,burton1 ,city of the ,saints1 p4 #abf 7,sioux74 ,harmon1 ,voyages and ,travels in the ,interior of ,north ,america1 p4 #bhe 7,tacullies74 ,meares1 ,voyages to the ,north-,west ,coast of ,america1 p4 #bfe 7,nootkas74 ,footnote #bg3 ,cranz1 ,history of ,greenland1 i4 #abf4 ,armstrong1 ,narrative of the ,discovery of the ,north-,west ,passage1 p4 #aif 7,western ,eskimo74 ,we have seen that savages consider it a duty for a married man to support his family1#bh and this in most cases implies that he is under an obligation to do a certain amount of work4 ,we have also seen that the various occupations of life are divided between the sexes according to rules fixed by custom1#bi and this means that absolute idleness is not generally tolerated in either men or women1 though the drudgeries of life are often imposed upon the latter4 ,of some uncivilised peoples we are directly told that they enjoin work as a duty or regard industry as a virtue4 ,the ,greenlanders esteem addiction to labour as the chief of virtues and believe that the industrious man #bgb will have a very happy existence after death4#cj ,the ,atkha ,aleuts prohibited laziness4#ca ,mr4 ,batchelor relates an ,ainu fable which encourages diligence and discourages idleness in young people4#cb ,the ,karens of ,burma have a traditional precept which runs1 ,be not idle1 but labour diligently1 that you may not become slaves4#cc ,the ,maoris say1 ,let industry be rewarded1 lest idleness gets the advantage4#cd ,the ,malagasy likewise inculcate industry in many of their proverbs4#ce ,the ,basutos have a saying that perseverance always triumphs4#cf ,among the ,bachapins1 a ,bechuana tribe conspicuous for its activity1 a man's merit is estimated principally by his industry1 and the words mn7on7a usinach7a 7an industrious man7 are an expression of high approbation and praise2 while he who is seldom seen to hunt1 to prepare skins for clothing1 or to sew koboes1 is accounted a worthless and disgraceful member of society4#cg ,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 work1 either in driving a camel or ass1 or in drawing water for the gardens4#ch ,we may expect to find industry especially insisted upon by uncivilised peoples who are habitually addicted to it1 partly because it is a necessity among them1 partly owing to the influence of habit4 ,footnote #bh3 ,supra1 i4 #ebf sqq4 ,footnote #bi3 ,supra1 i4 #fcd sqq4 ,footnote #cj3 ,cranz1 op4 cit4 i4 #ahf4 ,footnote #ca3 ,yakof1 quoted by ,petroff1 ,report on ,alaska1 p4 #aeh4 ,footnote #cb3 ,batchelor1 ,ainu of ,japan1 p4 #aaa4 ,footnote #cc3 ,smeaton1 ,loyal ,karens of ,burma1 p4 #bee4 ,footnote #cd3 ,taylor1 ,te ,ika a ,maui1 p4 #bic4 ,see also ,johnston1 ,maoria1 p4 #dc4 ,footnote #ce3 ,clemes1 ',malagasy ,proverbs1' in ,antananarivo ,annual1 iv4 #bi4 ,footnote #cf3 ,casalis1 ,basutos1 p4 #caj4 ,footnote #cg3 ,burchell1 ,travels in the ,interior of ,southern ,africa1 ii4 #eeg4 ,footnote #ch3 ,tristram1 ,the ,great ,sahara1 p4 #bjg sq4 ,but instead of being regarded as a duty1 industrial activity is not infrequently looked down upon as disreputable for a free man4 ,this is especially the case among warlike nations1 nomadic tribes1 and peoples who have many slaves4 ,in ,uganda1 for instance1 the prevalence of slavery causes all manual labour to be looked upon as derogatory to the dignity of a free man4#ci ,the #bgc ,masai#dj and ,matabele#da consider that the only occupation which becomes a man is warfare4 ,the ,arabs of the desert hold labour humiliating to anybody but a slave4#db ,speaking of the ,turkomans1 ,vmbry observes that in his domestic circle1 the nomad presents us a picture of the most absolute indolence4 ,in his eyes it is the greatest shame for a man to apply his hand to any domestic occupation4#dc ,the ,chippewas have ever looked upon agricultural and mechanical labours as degrading1 and have regarded the use of the bow and arrow1 the war-club and spear1 as the noblest employments of man4#dd ,among the ,iroquois the warrior despised the toil of husbandry1 and held all labour beneath him4#de ,though an industrious race1 the ,maoris considered it more honourable1 as well as more desirable1 to acquire property by war and plunder than by labour4#df ,among the ,line ,islanders it is undignified for a landholder to do work of any kind1 except to make weapons1 hence he employs persons of the lower class to work for him4#dg ,in ,nukahiva the people of distinction suffer the nails on the fingers to grow very long1 that it may be evident they are not accustomed to hard labour4#dh ,this contempt for industrial activity is easy to explain4 ,a man who earns his livelihood by labour is considered to be lacking in those qualities which are alone admired--courage and strength2--or work is associated with the idea of servile subjection4 ,it is also universally held degrading for a man to engage in any occupation which belongs to the women4#di ,thus among hunting and pastoral peoples it would be quite out of place for him to supply the household with vegetable food4#ej ,on the other hand1 when agriculture became an #bgd indispensable means to maintenance of life it at the same time became respectable4 ,but trade was scorned1 probably1 as ,mr4 ,spencer suggests1 because it was carried on chiefly by unsettled persons1 who were detached1 untrustworthy members of a community in which most men had fixed positions4#ea ,the ,kandhs consider it beneath their dignity to barter or traffic1 and 4 4 4 4 regard as base and plebeian all who are not either warriors or tillers of the soil4#eb ,the ,javans have a contempt for trade1 and those of higher rank esteem it disgraceful to be engaged in it2 but the common people are ever ready to engage in the labours of agriculture1 and the chiefs to honour and encourage agricultural industry4#ec ,footnote #ci3 ,wilson and ,felkin1 op4 cit4 i4 #ahf4 ,footnote #dj3 ,merker1 ,die ,masai1 p4 #aag4 ,footnote #da3 ,holub1 ',die ,ma-,atabele1' in ,zeitschr4 f4 ,ethnol4 xxv4 #aih4 ,footnote #db3 ,burton1 ,pilgrimage to ,al-,madinah ,meccah1 ii4 #aj4 ,footnote #dc3 ,vmbry1 ,travels in ,central ,asia1 p4 #cbj4 ,footnote #dd3 ,schoolcraft1 ,archives of ,aboriginal ,knowledge1 v4 #aej4 ,footnote #de3 ,morgan1 ,league of the ,iroquois1 p4 #cbi4 ,footnote #df3 ,travers1 ',life and ,times of ,te ,rauparaha1' in ,trans4 ,new ,zealand ,inst4 v4 #bi4 ,footnote #dg3 ,tutuila1 ',line ,islanders1' in ,jour4 ,polynesian ,soc4 i4 #bff4 ,footnote #dh3 von ,langsdorf1 ,voyages and ,travels1 i4 #agd4 ,footnote #di3 ,supra1 i4 #fcf sq4 ,footnote #ej3 ,supra1 i4 #fcd4 ,footnote #ea3 ,spencer1 ,principles of ,ethics1 i4 #dbi4 ,footnote #eb3 ,campbell1 ,wild ,tribes of ,khondistan1 p4 #ej4 ,footnote #ec3 ,raffles1 op4 cit4 i4 #bdf sq4 ,progress in civilisation implies an increase of industry4 ,both the necessities and the comforts of life grow more numerous2 hence more labour is required to provide for them1 and at the same time there is more inducement to accumulate wealth4 ,the advantages1 both private and public1 accruing from diligence are more clearly recognised1 and the government1 in particular1 is anxious that the people should work so as to be able to pay their taxes4 ,all this leads to condemnation of idleness and approbation of industry2 and the influence of habit must operate in the same direction among a nation whose industrial propensities have been the cause of its civilisation4 ,but in the archaic ,state war is still regarded as a nobler occupation than labour2 and whilst agriculture is held in honour1 trade and handicraft are frequently despised4 ,in the kingdom of the ,peruvian ,incas there was a law that no one should be idle4 ,children of five years old were employed at very light work1 suitable to their age4 ,even the blind and lame1 if they had no other infirmity1 were provided with certain kinds of work4 ,the rest of the people1 while they were healthy1 were occupied each at his own labour1 and it was a most infamous and degrading #bge thing among these people to be chastised in public for idleness4#ed ,if any of them was slothful1 or slept in the day1 he was whipped or had to carry the stone4#ee ,the reason for these measures was that the whole duty of defraying the expenses of the government belonged to the people1 and that1 without money and with little property1 they paid their taxes in labour2 hence to be idle was1 in a manner1 to rob the exchequer4#ef ,footnote #ed3 ,blas ,valera1 quoted by ,garcilasso de la ,vega1 ,first ,part of the ,royal ,commentaries of the ,yncas1 ii4 #cd4 ,see also ibid4 ii4 #ad2 ,acosta1 ,natural and ,moral ,history of the ,indies1 ii4 #dac4 ,footnote #ee3 ,herrera1 ,general ,history of the ,west ,indies1 iv4 #cci4 ,footnote #ef3 ,prescott1 ,history of the ,conquest of ,peru1 i4 #eg4 ,one of the characteristics of ,zoroastrianism is its appreciation of labour4#eg ,the faithful man must be vigilant1 alert1 and active2 sleep itself is merely a concession to the demons1 and should therefore be kept within the limits of necessity4#eh ,the lazy man is the most unworthy of men1 because he eats his food through impropriety and injustice4#ei ,and of all kinds of labour the most necessary is husbandry4#fj ,man has been placed upon earth to preserve ,ahura ,mazda's good creation1 and this can only be done by careful tilling of the soil1 eradication of thorns and weeds1 and reclamation of the tracks over which ,angra ,mainyu has spread the curse of barrenness4 ,zoroaster asked1 ,what is the food that fills the ,religion of ,mazda8 and ,ahura ,mazda answered1 ,it is sowing corn again and again1 ,o ,spitama ,zarathustra6 ,he who sows corn sows righteousness4#fa ,according to ,xenophon1 the king of the ,persians considered the art of agriculture and that of war to be the most honourable and necessary occupations1 and paid the greatest attention to both4#fb ,he appointed officers to overlook the tillers of the ground1 as well as to collect tribute from them2 for those who #bgf cultivate the ground inefficiently will neither maintain the garrisons1 nor be able to pay their tribute4#fc ,footnote #eg3 ,see ,darmesteter1 in ,sacred ,books of the ,east1 iv4 p4 lxvii42 ,geiger1 ,civilization of the ,eastern ,iranians1 i4 #gj2 ,rawlinson1 ,religions of the ,ancient ,world1 p4 #ajh2 ,dn- ,mang- ,khirad1 ii4 #bi1 xxxvi4 #ae1 xxxvii4 #ad1 c4 ,footnote #eh3 ,venddd1 xviii4 #af4 ,footnote #ei3 ,dn- ,mang- ,khirad1 xxi4 #bg4 ,footnote #fj3 ,see ,venddd1 iii4 #bc sqq4 ,footnote #fa3 ,ibid4 iii4 #cj sq4 ,footnote #fb3 ,xenophon1 ,,oeconomicus1 iv4 #d1 #h sqq4 ,footnote #fc3 ,xenophon1 ,,oeconomicus1 iv4 #i1 #aa4 ,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 himself1 and that1 if he failed to do this1 or did not show that he lived by honest means1 he should be punished with death4#fd ,whether this statement be correct or not1#fe it seems certain that the ,egyptians were anxious to encourage industry4#ff ,an ostracon which has often been quoted contains the maxim1 ,do not spare thy body whilst thou art young1 for food cometh by the arms and provisions by the legs4#fg ,footnote #fd3 ,herodotus1 ii4 #agg4 ,cf4 ,diodorus ,siculus1 ,bibliotheca historica1 i4 #gg4 #e4 ,footnote #fe3 ,cf4 ,wiedemann1 ,herodots zweites ,buch1 p4 #fje4 ,footnote #ff3 ,see ,amlineau1 ,essai sur l'volution des ides morales dans l'gypte ,ancienne1 p4 #cbi4 ,footnote #fg3 ,gardiner1 ',egyptian ,ethics1' in ,hastings' ,encyclopdia of ,religion and ,ethics1 v4 #dhd4 ,a law against idleness resembling that which is reported to have existed in ,egypt was established at ,athens1 according to some writers by ,draco or ,pisistratus1#fh according to others by ,solon1 who is said to have borrowed it from the ,egyptians4#fi ,plutarch states that1 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 barren1 ,solon turned the attention of the citizens to manufactures4 ,for this purpose he ordered that trades should be accounted honourable1 that the council of the ,areopagus should examine into every man's means of subsisting and chastise the idle1 and that no son should be obliged to maintain his father if the father had not taught him a trade4#gj ,thucydides puts the following words in the mouth of ,pericles3--,to avow poverty with us is no disgrace2 the true disgrace is in doing nothing to avoid it4 ,an ,athenian citizen does not neglect the ,state because he takes care of his own household2#bgg and even those of us who are engaged in business have a very fair idea of politics4#ga ,in ,xenophon's ',memorabilia' ,socrates recommends industry as a means of supporting life1 of maintaining the health and strength of the body1 of promoting temperance and honesty4#gb ,according to ,plato idleness is the mother of wantonness1 whereas by labour the aliment of passion is diverted into other parts of the body4#gc ,agriculture was highly praised4 ,it is the best of all the occupations and arts by which men procure the means of living4#gd ,where it flourishes all other pursuits are in full vigour1 but when the ground is allowed to lie barren other occupations are almost stopped4#ge ,it is an exercise for the body1 and strengthens it for discharging the duties that become a man of honourable birth4#gf ,it requires people to accustom themselves to endure the colds of winter and the heats of summer4#gg ,it renders them fit for running1 throwing1 leaping4#gh ,it gives them the greatest gratification for their labour1 it is the most attractive of all employments4#gi ,it receives strangers with the richest hospitality4#hj ,it offers the most pleasing first-fruits to the gods1 and the richest banquets on festival days4#ha ,it teaches men justice1 for it is those who treat the earth best that she recompenses with the most numerous benefits4#hb ,it instructs people to assist one another1 for it cannot be conducted without the aid of other men4#hc ,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 land4#hd ,the possession of an estate stimulates men to defend their country in arms4#he ,in short1 agriculture renders citizens most useful1 most virtuous1 and best affected towards the commonwealth4#hf ,footnote #fh3 ,pollux1 ,onomasticum1 viii4 #db4 ,diogenes ,laertius1 ,vit philosophorum1 i4 #ee4 ,plutarch1 ,solon1 xxxi4 #f4 ,footnote #fi3 ,herodotus1 ii4 #agg4 ,diodorus ,siculus1 i4 #gg4 #e4 ,footnote #gj3 ,plutarch1 ,solon1 xxii4 #a1 #c sq4 ,footnote #ga3 ,thucydides1 ,historia belli ,peloponnesiaci1 ii4 #dj4 #a sq4 ,footnote #gb3 ,xenophon1 ,memorabilia1 ii4 #g4 #g sq4 ,footnote #gc3 ,plato1 ,leges1 viii4 #hce1 #hda4 ,footnote #gd3 ,xenophon1 ,,oeconomicus1 vi4 #h4 ,footnote #ge3 ,ibid4 v4 #ag4 ,footnote #gf3 ,ibid4 v4 #a2 vi4 #i4 ,footnote #gg3 ,ibid4 v4 #d4 ,footnote #gh3 ,ibid4 v4 #h4 ,footnote #gi3 ,ibid4 v4 #h1 #aa4 ,footnote #hj3 ,ibid4 v4 #h4 ,footnote #ha3 ,ibid4 v4 #aj4 ,footnote #hb3 ,ibid4 v4 #ab4 ,footnote #hc3 ,ibid4 v4 #ad4 ,footnote #hd3 ,ibid4 vi4 #i4 ,footnote #he3 ,ibid4 v4 #g4 ,footnote #hf3 ,ibid4 vi4 #aj4 #bgh ,the argumentative manner in which these views were expressed by the philosophers indicates1 however1 that industrial occupations were deficient in public appreciation4#hg ,herodotus says that not only among most barbarians but also throughout ,greece those who are given wholly to war are honoured above others4#hh ,this was especially the case at ,sparta1 where a freeman was forbidden to engage in any industrial occupation4#hi ,contrasting ,lycurgus' legislation with that of ,solon1 ,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 servitude1 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 exercise4#ij ,at ,thebes there was a law that no man could hold office who had not retired from business for ten years1 because it was looked upon as a mean employment4#ia ,even at ,athens1 in spite of its democratic institutions and its laws against idleness1 trade and handicrafts were despised1 both by the general public and by the philosophers4 ,xenophon's ,socrates said that the industrial arts are objectionable and justly held in little repute in communities1 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 fire2 for when the body becomes effeminate the mind loses its strength4#ib ,moreover1 mechanical occupations leave those who practise them no leisure to attend to the interests of their friends or the commonwealth1 hence men of that class seem unsuited alike to be of advantage to their connections and to be defenders of their country4#ic ,plato maintains that manual arts are a reproach because they imply a natural weakness of the higher principle2#id by #bgi their meanness they maim and disfigure the souls as well as the bodies of those who are employed in them4#ie ,when ,hesiod said that work is no disgrace1#if he could certainly not have meant that there was no disgrace for example in the manufacture of shoes or in selling pickles4#ig ,and in his ',laws' ,plato lays down the regulation that no citizen or servant of a citizen should be occupied in handicraft arts2 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 knowledge1 and does not admit of being made a secondary occupation4#ih ,aristotle1 again1 observes that in a community which has an aristocratic form of government the mechanic and the labourer will not be citizens1 because honours are there given according to virtue and merit1 and no man can practise virtue who is living the life of a mechanic or labourer4#ii ,corinth was the place in ,greece where the mechanic's occupation was least despised#ajj--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 encouraged4#aja ,footnote #hg3 ,cf4 ,schmidt1 ,die ,ethik der alten ,griechen1 ii4 #dce sqq4 ,footnote #hh3 ,herodotus1 ii4 #afg4 ,footnote #hi3 ,ibid4 ii4 #afg4 ,xenophon1 ,lacedmoniorum respublica1 vii4 #b4 ,plutarch1 ,lycurgus1 xxiv4 #b4 ,idem1 ,agesilaus1 xxvi4 #f4 ,aelian1 ,varia historia1 vi4 #f4 ,footnote #ij3 ,plutarch1 ,solon1 xxii4 #b4 ,footnote #ia3 ,aristotle1 ,politica1 iii4 #e4 #g1 p4 #abgh a2 vi4 #g4 #d1 p4 #acba a4 ,footnote #ib3 ,xenophon1 ,,oeconomicus1 iv4 #b4 ,footnote #ic3 ,ibid4 iv4 #c4 ,footnote #id3 ,plato1 ,respublica1 ix4 #eij4 ,footnote #ie3 ,ibid4 vi4 #die4 ,footnote #if3 ,hesiod1 ,opera et dies1 #caa4 ,footnote #ig3 ,plato1 ,charmides1 p4 #afc4 ,footnote #ih3 ,idem1 ,leges1 viii4 #hdf4 ,footnote #ii3 ,aristotle1 ,politica1 iii4 #e4 #e1 p4 #abgh a4 ,see also ibid4 vi4 #d4 #ab1 p4 #acai a2 vii4 #h4 #c1 p4 #acbh b2 viii4 #b4 #d sq4 p4 #accg b4 ,footnote #ajj3 ,herodotus1 ii4 #afg4 ,footnote #aja3 ,see ,rawlinson's note in his translation of ,herodotus1 ii4 #beb1 n4 #g4 ,the ,roman views on the subject were very similar to those of the ,greeks4 ,with regard to what arts and means of acquiring wealth are to be regarded as worthy and what disreputable1 says ,cicero1 we have been taught as follows4 ,in the first place1 those sources of emolument which incur public hatred1 such as those of tax-gatherers and usurers1 are condemned4 ,we are likewise to account as mean the gains of hired workmen1 whose source of profit is not their art but their labour2 for their very wages are the consideration of their servitude4 ,we are further to despise all who retail from merchants goods for prompt sale2 for they never can succeed unless they lie most abominably1 #bhj and nothing is more disgraceful than insincerity4 ,all mechanical labourers are by their profession mean2 for a workshop can contain nothing befitting a gentleman4 ,least of all are those trades to be approved that serve the purposes of sensuality1 such as the occupations of butchers1 cooks1 and fishermen4 ,but those professions that involve a higher degree of intelligence or a greater amount of utility1 such as medicine1 architecture1 and the teaching of the liberal arts1 are honourable in those to whose rank in life they are suited4 ,as to merchandising1 if on a small scale it is mean1 but if it is extensive and rich1 if it brings numerous commodities from all parts of the world1 and gives bread to a multitude of people without fraud1 it is not so despicable4 ,however1 if a merchant1 satisfied with his profits1 steps from the harbour into an estate1 such a man seems most justly deserving of praise4 ,for of all gainful professions nothing is better1 nothing is more pleasing and more delightful1 nothing is more befitting a well-bred man than agriculture4#ajb ,footnote #ajb3 ,cicero1 ,de officiis1 i4 #db4 ,see also ,idem1 ,cato ,major1 ch4 #ae sqq4 ,the contempt in which manual labour was held by the ancient pagans could hardly be shared by early ,christianity4 ,christ had been born in a carpenter's family1 his apostles belonged to the working class1 and so did originally most of his followers4 ,origen accepts with pride the reproach of ,celsus1 when he accuses ,christians of worshipping the son of a poor workwoman1 who had earned her bread by spinning1#ajc and contrasts with the wisdom of ,plato that of ,paul1 the tent-maker1 of ,peter1 the fisherman1 of ,john1 who had abandoned his father's nets4#ajd ,st4 ,paul presses on the ,thessalonians the duty of personal industry2 if any one would not work1 neither should he eat4#aje ,but at the same time the spirit of ,christianity was not consistent with much anxiety about earthly matters4 ,the aim of a true disciple of ,christ was not to prosper in the world but #bha to seek the kingdom of ,god1 not to lay up for himself treasures upon earth but to lay up for himself treasures in heaven4#ajf ,poverty became an ideal1 in conformity with both the example and teachings of ,christ4 ,it was associated with godliness1 whilst wealth was associated with godlessness4#ajg ,the love of money1 says ,st4 ,paul1 is the root of all evil2#ajh and the same idea was over and again expressed by ,christian moralists4#aji ,in the original sinless state of mankind property was unknown1 and so was labour4 ,it was to punish man for his disobedience that ,god caused him to eat daily bread in the sweat of his face4#aaj ,since then work is a necessity2 but the contemplative life is better than the active life4#aaa ,bonaventura points out that ,jesus preferred the meditating ,mary to the busy ,martha1#aab and that he himself seems to have done no work till his thirtieth year4#aac ,work is of no value by itself2 its highest object is to further contemplation1 to macerate the body1 to curb concupiscence4#aad ,for this purpose1 indeed1 it was strongly insisted upon by several founders of religious orders4 ,according to ,st4 ,benedict1 idleness is an enemy to the soul2 and hence at certain seasons the brethren ought to occupy themselves in the labour of their hands1 and at others in holy reading4#aae ,st4 ,bernard writes3--,the handmaid of ,christ ought always to pray1 to read1 to work1 lest haply the spirit of uncleanness should lead astray the slothful mind4 ,the delight of the flesh is overcome by labour4 4 4 4 ,the body tired by work is less delighted with vice4#aaf ,but the active life must not be pursued to such an extent as to hinder what it is intended to promote2 #bhb for it is impossible for any man to be at once occupied with exterior actions and at the same time apply himself to divine contemplation4#aag ,and whilst he who has nothing else to live upon is bound to work1 it is a sin to try to acquire riches beyond the limit which necessity has fixed4#aah ,footnote #ajc3 ,origen1 ,contra ,celsum1 i4 #bh sq4 7,migne1 ,patrologi cursus1 ,ser4 ,graeca1 xi4 #gad sq474 ,footnote #ajd3 ,ibid4 vi4 #g 7,migne1 ,ser4 ,gr4 xi4 #abih sq474 ,footnote #aje3 #a ,thessalonians1 iv4 #aa2 #b ,thessalonians1 iii4 #aj4 ,footnote #ajf3 ,st4 ,luke1 xii4 #bb sqq4 ,st4 ,matthew1 vi4 #ai sq4 ,footnote #ajg3 ,st4 ,luke1 xvi4 #ai sqq4 ,st4 ,matthew1 xix4 #bd4 ,footnote #ajh3 #a ,timothy1 vi4 #aj4 ,footnote #aji3 von ,eicken1 ,geschichte der mittelalterlichen ,weltanschauung1 p4 #dih sqq4 ,thomas ,aquinas1 ,summa theologica1 ii4-ii4 #ahf4 #c4 ,footnote #aaj3 ,genesis1 iii4 #ai4 ,footnote #aaa3 ,thomas ,aquinas1 op4 cit4 ii4-ii4 #ahb4 #a sq4 von ,eicken1 op4 cit4 p4 #dhh sqq4 ,footnote #aab3 ,bonaventura1 ,meditationes vit ,christi1 ch4 #de 7,opera1 xii4 #deb74 ,footnote #aac3 ,ibid4 ch4 #ae 7,opera1 xii4 #dje74 ,footnote #aad3 ,guigo1 ,epistola ad ,fratres de ,monte-,dei1 i4 #h 7in ,st4 ,bernard1 ,opera omnia1 ii4 #bad73--,non spiritualia exercitia sunt propter corporalia1 sed corporalia propter spiritualia4 von ,eicken1 op4 cit4 p4 #dia sqq4 ,footnote #aae3 ,st4 ,benedict1 ,regula ,monachorum1 #dh4 ,footnote #aaf3 ,st4 ,bernard1 ,de modo bene vivendi1 ch4 #ea 7,opera omnia1 ii4 #hhc sq474 ,footnote #aag3 ,speculum ,monachorum1 in ,st4 ,bernard1 ,opera omnia1 ii4 #hah4 von ,eicken1 op4 cit4 p4 #did sq4 ,cf4 ,thomas ,aquinas1 op4 cit4 ii4-ii4 #ahb4 #c4 ,footnote #aah3 ,thomas ,aquinas1 op4 cit4 ii4-ii4 #ahg4 #c2 #aah4 #a4 ,this doctrine was more or less realised in the monastic life1 but was hardly held applicable to laymen4 ,the medival baron and knight resembled the ,teutonic warrior described by ,tacitus1 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 blood4#aai ,in ,england1 after the ,conquest1 the aristocracy in general lived a life of idleness but indulged eagerly in hunting1 and its members continually sallied forth in parties to plunder4#abj ,for a long time the lower classes1 constituting the mass of society1 existed only for the benefit of the upper class4 ,it was considered honourable to live in sloth supported by the exertions of others1 it was held degrading to depend on the gains of industry4 ,the degradation really attached to the gains of labour rather than labour itself2 for labour ceased to be degrading if not prosecuted for gain4 ,louis ,,xvi4 may make locks1 the ladies of his court may make butter and cheese1 provided it is only for amusement4 ,lord ,rosse may build a telescope as an amateur in the interest of science1 and still be noble4 ,but if the locks1 the butter1 or the telescope are sold1 the makers are degraded to the level of the tradesman4#aba ,however1 as ,mr4 ,spencer observes1 trade1 while at first relatively unessential 7since essential things were mostly made at home7 and consequently lacking the sanction of necessity and of ancestral custom1 ceased to be despised when it grew in importance4#abb ,among ourselves the respect in which a certain occupation is held is #bhc largely determined by the degree of mental power implied in it2 hence manual labour1 and especially unskilled labour1 is still in some degree looked down upon4 ,but we do not regard as dishonourable any kind of work which is not opposed to the ordinary rules of morality4 ,we distinguish more clearly than the ancients did between social and moral inferiority4 ,our moral judgments are less influenced by class antipathies4 ,we recognise that a high standard of duty is compatible even with the humblest station in life4 ,and when we duly reflect upon the matter1 we admit that the moral value of industry depends1 not on the occupation in which it is displayed1 but on the purpose of the labourer4 ,footnote #aai3 ,tacitus1 ,germania1 #ad4 ,footnote #abj3 ,wright1 ,domestic ,manners and ,sentiments in ,england during the ,middle ,ages1 p4 #ajb4 ,footnote #aba3 ,harris1 ',the ,christian ,doctrine of ,labor1' in ,new ,englander1 xxiv4 #bde4 ,footnote #abb3 ,spencer1 ,principles of ,ethics1 i4 #dbi4 99 99 99 99 99 ,but though industry is applauded or insisted on1 rest is also in certain circumstances regarded as a duty4 ,by doing too much work a person may injure himself and indirectly other persons as well4 ,in early society there is little inducement to overwork1 but the case is very different in modern civilisation4 ,this accounts for the persistence and general popularity of an institution which originally sprang from quite different sources1 namely1 the ,sunday rest4 ,among various peoples it is the custom to abstain from work1 or from some special kind of work1 on certain occasions or days which are regarded as defiling or inauspicious4 ,work is often suspended after a death1 partly perhaps because inactivity is a natural accompaniment of sorrow1#abc or because a mourner is supposed to be in a delicate state requiring rest1#abd but chiefly1 ,i presume1 from fear lest the work done should be contaminated by the pollution of death4 ,among the ,arabs of ,morocco no work must be performed in the village till the dead is buried4 ,in ,greenland everyone who had lived in the same house with the deceased was obliged to be idle for a certain period1 according to the directions of the priests or wizards4#abe ,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 #bhd believed to remain with the body1 that is1 for four or five days4#abf ,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 thereafter1 when the dead was supposed to stay in his grave4#abg ,the ,kar ,nicobarese abstain from work as a sign of mourning4#abh ,in ,samoa all labour was suspended in the settlement on the death of a chief4#abi ,so also the ,basutos do no work on the day when an influential person dies4 ,they1 moreover1 refrain from going to their fields1 or hasten to leave them1 at the approach of clouds which give promise of rain1 in order quietly to await the desired benediction1 fearing to disturb ,nature in her operations4 ,this idea is carried to such an extent1 that most of the natives believe that1 if they obstinately persist in their labour at such a moment1 the clouds are irritated and retire1 or send hail instead of rain4 ,days of sacrifice1 or great purification1 are also holidays4 ,hence it is that the law relative to the repose of the seventh day1 so far from finding any objection in the minds of the natives1 appears to them very natural1 and perhaps even more fundamental1 than it seems to certain ,christians4#acj ,footnote #abc3 ,cf4 infra1 p4 #cjh4 ,footnote #abd3 ,cf4 infra1 p4 #cjg4 ,footnote #abe3 ,egede1 ,description of ,greenland1 p4 #adi sq4 ,footnote #abf3 ,nelson1 ',eskimo about ,bering ,strait1' in ,ann4 ,rep4 ,bur4 ,ethn4 xviii4 #cai4 ,footnote #abg3 ,maccauley1 ',seminole ,indians of ,florida1' in ,ann4 ,rep4 ,bur4 ,ethn4 v4 #eb4 ,footnote #abh3 ,kloss1 ,in the ,andamans and ,nicobars1 p4 #cje4 ,footnote #abi3 ,turner1 ,nineteen ,years in ,polynesia1 p4 #bbi4 ,idem1 ,samoa1 p4 #adf4 ,footnote #acj3 ,casalis1 ,basutos1 p4 #bfj sq4 ,changes in the moon are frequently considered unfavourable for work4 ,among the ,bechuanas1 when the new moon appears1 all must cease from work1 and keep what is called in ,england a holiday4#aca ,the people of ,thermia1 in the ,cyclades1 maintain that all work1 so far as possible1 should be suspended on the days immediately preceding the full moon4#acb ,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 ,rudhirndha hell1 whose wells are blood4#acc ,in ,northern ,india it is considered bad to undertake any business of importance at the new moon #bhe or at an eclipse4#acd ,according to the ',laws of ,manu1' a ,brhmana is not allowed to study on the new-moon day1 nor on the fourteenth and the eighth days of each half-month1 nor on the full-moon day4 ,it is said that the new-moon day destroys the teacher1 the fourteenth day the pupil1 the eighth and the full-moon days destroy all remembrance of the ,veda2 let him therefore avoid reading on those days4#ace ,the ,buddhists have their ,sabbath1 or ,uposatha1 which occurs four times in the month1 namely1 on the day of full moon1 on the day when there is no moon1 and on the two days which are eighth from the full and new moon4 ,on these days selling and buying1 work and business1 hunting and fishing1 are forbidden1 and all schools and law-courts are closed4#acf ,in ,ashantee and neighbouring districts1 where the people reckon time by moons1 there is a weekly fetish-day or sabbath1 which seems to be of native origin4 ,in all the countries along the coast1 the regular fetish-day is ,tuesday1 the day which is observed by the king of ,ashantee4 ,other days in the week are held sacred in the bush4 ,on this weekly sabbath1 or fetish-day1 the people generally dress themselves in white garments1 and mark their faces1 and sometimes their arms1 with white clay4 ,they also rest from labour4 ,the fishermen would expect1 that were they to go out on that day1 the fetish would be angry1 and spoil their fishing4#acg ,the natives of ,coomassie1 on the ,gold ,coast1 have a law according to which no agricultural work may be done on a ,thursday4#ach ,in ,hawaii1 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 age1 there were during every month four periods lasting from two to four nights in which the nights were consecrated or made taboo4 ,so also there were tabooed seasons on certain other #bhf occasions1 as when a high chief was ill1 or preparations were made for war1 or on the approach of important religious ceremonies4 ,these taboos were either common or strict4 ,in the case of the former men were only required to abstain from their common pursuits and to attend prayers morning and evening1 whereas when the season of strict taboo was in force a general gloom and silence pervaded the whole district or island4 ,not a fire or light was to be seen1 or canoe launched2 none bathed2 the mouths of dogs were tied up1 and fowls put under calabashes1 or their heads enveloped in cloth2 for no noise of man or animal must be heard4 ,no persons1 excepting those who officiated at the temple1 were allowed to leave the shelter of their roofs4 ,were but one of these rules broken1 the taboo would fail and the gods be displeased4#aci ,footnote #aca3 ,campbell1 ,second ,journey in the ,interior of ,south ,africa1 ii4 #bje4 ,footnote #acb3 ,bent1 ,cyclades1 p4 #dch4 ,footnote #acc3 ,vish'nu ,pur'na1 p4 #bji4 ,footnote #acd3 ,crooke1 ,popular ,religion of ,northern ,india1 i4 #bc4 ,footnote #ace3 ,laws of ,manu1 iv4 #aac sq4 ,footnote #acf3 ,childers1 ,dictionary of the ,pali ,language1 p4 #ece4 ,kern1 ,der ,buddhismus1 ii4 #beh4 ,footnote #acg3 ,beecham1 ,ashantee1 p4 #ahe sq4 ,cf4 ,bosman1 op4 cit4 p4 #aca 7,gold ,coast natives74 ,footnote #ach3 ,ellis1 ,tshi-speaking ,peoples of the ,gold ,coast1 p4 #cjd4 ,footnote #aci3 ,jarves1 ,history of the ,hawaiian ,islands1 pp4 #dj1 #bh4 ,the word tapua'i means to abstain from all work1 games1 c4 7,tregear1 ,maori-,polynesian ,dictionary1 p4 #dgb74 ,the peoples of ,semitic stock or with ,semitic culture also have their tabooed days4 ,in ,morocco work1 or certain kinds of work1 are avoided on holy days or in holy periods1 as being unsuccessful or1 in some cases1 even dangerous to him who performs it2 there is a saying that work at a feast are like the stab of a dagger4 ,nobody likes to start on a journey on a ,friday before the midday prayer has been said1 and it is considered bad to commence any work on that day4#adj ,i was also told that clothes will not remain clean if they are washed on a ,saturday4 ,among the modern ,egyptians ,saturday is held to be the most unfortunate of days1 and particularly unfavourable for shaving1 cutting the nails1 and starting on a journey4#ada ,at ,kheybar1 in ,arabia1 again1 ,sunday is considered an unlucky day for beginning any kind of work4#adb ,there can be little doubt that the ,jewish ,sabbath originated in the belief that it was inauspicious or dangerous to work on the seventh day1 and that the reason for this belief was the mystic connection which in #bhg the opinion of the ancient ,hebrews1 as of so many other peoples1 existed between human activity and the changes in the moon4#adc ,it has been sufficiently demonstrated that the ,sabbath originally depended upon the new moon1 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 phases4#add ,in the ,old ,testament the new moon and ,sabbath are repeatedly mentioned side by side2#ade thus the oppressors of the poor are represented as saying1 ,when will the new moon be gone1 that we may sell corn8 and the ,sabbath1 that we may set forth wheat8#adf ,among modern ,jews1 at the feast of the ,new ,moon1 which is held every month on the first or on the first and second days of the month1 the women are obliged to suspend all servile work1 though the men are not required to interrupt their secular employments4#adg ,that the superstitious fear of doing work on the seventh day developed into a religious prohibition1 is only another instance of a tendency which we have noticed often before--the tendency of magic forces to be transformed into divine volitions4#adh ,like the ancient ,hebrews1 the ,assyrians and ,babylonians looked upon the seventh day as an evil day2 and though they do not seem generally to have abstained from work on that day1 there were various royal taboos connected with it4 ,the #bhh ,king was not to show himself in his chariot1 not to hold court1 not to bring sacrifices1 not to change his clothes1 not to eat a good dinner1 and not even to curse his enemies4#adi ,footnote #adj3 ,see ,westermarck1 ,the ,moorish ,conception of ,holiness 7,baraka71 p4 #adj sqq4 ,footnote #ada3 ,lane1 ,modern ,egyptians1 p4 #bgb4 ,footnote #adb3 ,doughty1 ,arabia ,deserta1 ii4 #aig sq4 ,footnote #adc3 ,see ,jastrow1 ',original ,character of the ,hebrew ,sabbath1' in ,american ,journal of ,theology1 ii4 #cba sqq4 ,footnote #add3 ,wellhausen1 ,prolegomena to the ,history of ,israel1 p4 #aab sqq4 ,jastrow1 loc4 cit4 pp4 #cad1 #cbg4 ,footnote #ade3 #b ,kings1 iv4 #bc4 ,isaiah1 i4 #ac4 ,hosea1 ii4 #aa4 ,footnote #adf3 ,amos1 viii4 #e4 ,footnote #adg3 ,allen1 ,modern ,judaism1 p4 #cij sq4 ,footnote #adh3 ,prof4 ,jastrow seems to have failed to see this when he says 7loc4 cit4 p4 #cbc7 that if the ,sabbath was originally an 'unfavourable' day on which one must avoid showing one's self before ,yahwe1 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 activity4 ,wellhausen1 again1 suggests 7op4 cit4 p4 #aad7 that the rest on the ,sabbath was originally the consequence of that day being the festal and sacrificial day of the week1 and only gradually became its essential attribute on account of the regularity with which it every eighth day interrupted the round of everyday work4 ,he argues that the ,sabbath as a day of rest cannot be very primitive1 because such a day presupposes agriculture and a tolerably hard-pressed working-day life4 ,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 kind4 ,see infra1 ,additional ,notes4 ,footnote #adi3 ,schrader1 ,die ,keilinschriften und das ,alte ,testament1 p4 #eib sq4 ,hirschfeld1 ',remarks on the ,etymology of v,sabb7ath1' in ,jour4 ,roy4 ,asiatic ,soc4 #ahif1 p4 #ceh4 ,jastrow1 loc4 cit4 pp4 #cbj1 #cbh4 ,the ,jewish ,sabbath was abolished by ,christ4 ,the ,sabbath was made for man1 and not man for the ,sabbath2#aej ,my father worketh on it hitherto1 and ,i work4#aea ,jewish converts no doubt continued to observe the ,sabbath1 but this met with disapproval4 ,in one of the ,epistles of ,ignatius we find the exhortation not to sabbatise1 which was expanded by the subsequent paraphraser of these compositions into a warning against keeping the ,sabbath1 after the manner of the ,jews1 as if delighting in idleness4#aeb ,and in the fourth century a ,council of the ,church enacted that the ,christians ought not to judaise1 and rest on the ,sabbath1 but ought to work on that day4#aec ,on the other hand1 it was from early times a recognised custom among the ,christians to celebrate the first day of the week in memory of ,christ's resurrection1 by holding a form of religious service2 but there was no sabbatic regard for it1 and it was chiefly looked upon as a day of rejoicing4#aed ,tertullian is the first writer who speaks of abstinence from secular care and labour on ,sunday as a duty incumbent upon ,christians1 lest they should give place to the devil4#aee ,but it is extremely doubtful whether the earliest ,sunday law really had a ,christian origin4 ,in #cba 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 ,sun1 whereas those living in the country should have full liberty to attend to the culture of their fields1 since it frequently happens #bhi that no other day is so fit for the sowing of grain or the planting of vines4#aef ,in this rescript nothing is said of any relation to ,christianity1 nor do we know that it in any way was due to ,christian influence4#aeg ,it seems that ,constantine1 in his capacity of ,pontifex ,maximus1 only added the day of the sun--whose worship was the characteristic of the new paganism--to those inauspicious days1 religiosi dies1 which the ,romans of old regarded as unsuitable for worldly business and especially for judicial proceedings4#aeh ,but though the obligatory ,sunday rest in no case was a continuance of the ,jewish ,sabbath1 it gradually was confounded with it1 owing to the recognition of the decalogue1 with its injunction of a weekly day of rest1 as the code of divine morality4 ,from the sixth century upwards vexatious restrictions were made by civil rulers1 councils1 and ecclesiastical writers2#aei until in ,puritanism the ,christian ,sunday became a perfect image of the pharisaic ,sabbath1 or even excelled it in the rigour with which abstinence from every kind of worldly activity was insisted upon4 ,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 first4 ,in ,england1 in the seventeenth century1 persons were punished for carrying coal on ,sunday1 for hanging out clothes to dry1 for travelling on horseback1 for rural strolls and walking about4#afj ,and ,scotch clergymen taught their congregations that on that day it was sinful to save a vessel in distress1 and that it was proof of religion to leave ship and crew to perish4#afa ,footnote #aej3 ,st4 ,mark1 ii4 #bg4 ,footnote #aea3 ,st4 ,john1 v4 #ag4 ,footnote #aeb3 ,ignatius1 ,epistola ad ,magnesios1 #i 7,migne1 op4 cit4 ,ser4 ,graeca1 v4 #gfh74 ,neale1 ,feasts and ,fasts1 p4 #hi4 ,footnote #aec3 ,concilium ,laodicenum1 can4 #bi 7,labbe-,mansi1 ,sacrorum ,conciliorum collectio1 ii4 #ehj74 ,footnote #aed3 ,justin ,martyr1 ,apologia ,i4 pro ,christianis1 #fg 7,migne1 op4 cit4 ,ser4 ,graeca1 vi4 #dbi74 ,schaff1 ,history of the ,christian ,church1 ',ante-,nicene ,christianity1' p4 #bjb sqq4 ,hessey1 ,sunday1 p4 #bi sqq4 ,footnote #aee3 ,tertullian1 ,de oratione1 #bc 7,migne1 op4 cit4 i4 #aaia74 ,footnote #aef3 ,codex ,justinianus1 iii4 #ab4 #b 7#c74 ,footnote #aeg3 ,cf4 ,lewis1 ,critical ,history of ,sunday ,legislation1 p4 #ah sqq42 ,milman1 ,history of ,christianity1 ii4 #bia sq4 ,footnote #aeh3 ,gellius1 ,noctes ,attic1 iv4 #i4 #e2 vi4 #i4 #aj4 ,varro1 ,de lingua ,latina1 vi4 #cj4 ,neale1 op4 cit4 pp4 #e1 #f1 #hf1 #hg1 #bjf4 ,fowler1 ,roman ,festivals of the ,period of the ,republic1 p4 #h sq4 ,the ,greeks1 also1 had unblest and inauspicious days1 when no court or assembly was to be held1 and work was to be abstained from 7,plato1 ,leges1 vii4 #hjj2 ,karsten1 ,studies in ,primitive ,greek ,religion1 p4 #ij74 ,footnote #aei3 ,hessey1 op4 cit4 p4 #hg sqq4 ,footnote #afj3 ,roberts1 ,social ,history of the ,people of the ,southern ,counties of ,england1 p4 #bdd sqq4 ,footnote #afa3 ,buckle1 ,history of ,civilization in ,england1 iii4 #gf4 ,,chapter ,,xxxvii ,,restrictions ,,in ,,diet ,,travellers have often noticed with astonishment the immense quantities of food which uncivilised people are able to consume4 ,sir ,george ,grey has described the orgies which follow the stranding of a whale in ,australia1 when the natives remain by the carcase for many days1 fairly eating their way into it4#a ,the ,rocky ,mountain ,indians1 though they often subsist for a great length of time on a very little food1 will at their feasts gorge down an incredible quantity4#b ,a ,mongol will eat more than ten pounds of meat at one sitting1 but some have been known to devour an average-sized sheep in the course of twenty-four hours4#c ,the ,waganda in ,central ,africa sometimes gorge themselves to such an extent that they are unable to move1 and appear just as if intoxicated4#d ,it has been justly observed that what would among ourselves be condemned as disgusting gluttony is1 under the conditions to which certain races of men are exposed1 quite normal and in fact necessary4 ,as ,mr4 ,spencer observes1 where the habitat is such as at one time to supply very little food and at another time food in great abundance1 survival depends on the ability to consume immense quantities when the opportunities occur4#e ,when this is the case gluttony can hardly be #bia stigmatised as a vice2 and ,i find no direct evidence that it is so even among savages who are described as generally moderate in their diet4 ,the lack of foresight1 which is a characteristic of uncivilised peoples1 must prevent them from attaching much moral value to temperance4 ,on the other hand1 gluttony is sometimes said to be regarded with admiration4 ,mr4 ,torday informs me that the ,bambala in ,south-,western ,congo1 when praising a man for his strength1 are in the habit of saying1 ,he eats a whole goat with its skin4 ,footnote #a3 ,grey1 ,journals of ,expeditions in ,north-,west and ,western ,australia1 ii4 #bgg sqq4 ,footnote #b3 ,harmon1 ,journal of ,voyages in the ,interior of ,north ,america1 p4 #cbi4 ,footnote #c3 ,prejevalsky1 ,mongolia1 i4 #ee4 ,footnote #d3 ,wilson and ,felkin1 ,uganda1 i4 #ahe4 ,footnote #e3 ,spencer1 ,principles of ,ethics1 i4 #dcf4 ,at higher stages of culture intemperance is often subject to censure--because it is detrimental to health or prosperity1 or because it calls forth an instinctive feeling of disgust1 or because indulgence in sensual pleasures is considered degrading1 or1 generally1 because it is inconsistent with an ascetic ideal of life4 ,it is said in the ,proverbs that the glutton shall come to poverty4#f ,according to the ,laws of ,manu1 excessive eating is prejudicial to health1 to fame1 and to bliss in heaven2 it prevents the acquisition of spiritual merit1 and is odious among men2 one ought1 for these reasons1 to avoid it carefully4#g ,aristotle maintains that the pleasure with which intemperance is concerned is justly held in disgrace1 since it belongs to us in that we are animals1 not in that we are men4#h ,cicero observes that1 as mere corporeal pleasure is unworthy the excellency of man's nature1 the nourishment of our bodies should be with a view not to our pleasure1 but to our health and our strength4#i ,the same opinion is at least nominally shared by many among ourselves2 whereas others1 though denying that the gratification of appetite is to be sought for its own sake1 admit as legitimate ends for it not only the maintenance of health and strength but also cheerfulness and the cultivation of the social affections4#aj ,but most of us are undoubtedly less exacting1 if not in theory at least in practice1 and really find nothing blamable in pleasures of the #bib table which neither impair health1 nor involve a perceptible loss of some greater gratification1 nor interfere with duties towards neighbours4#aa ,footnote #f3 ,proverbs1 xxiii4 #ba4 ,footnote #g3 ,laws of ,manu1 ii4 #eg4 ,footnote #h3 ,aristotle1 ,ethica ,nicomachea1 iii4 #aj4 #aj4 ,footnote #i3 ,cicero1 ,de officiis1 i4 #cj4 ,footnote #aj3 ,whewell1 ,elements of ,morality1 p4 #abd sq4 ,footnote #aa3 ,see ,sidgwick1 ,methods of ,ethics1 p4 #cbh sq4 ,sometimes temperance has been inculcated on grounds which in other cases lead to the duty of fasting1 that is1 abstinence from all food and drink1 or at least 7in a looser sense of the word7 from certain kinds of food1 for a determined period4 ,the custom of fasting is wide-spread1 and deserves special attention in a study of moral ideas4 ,fasting is practised or enjoined for a variety of purposes4 ,it is frequently adopted as a means of having supernatural converse1 or acquiring supernatural powers4#ab ,he who fasts sees in dreams or visions things that no ordinary eye can see4 ,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 spirit4 ,this is accomplished by repairing to some lonely spot1 where1 for a greater or less period1 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 life4 ,tung ak is supposed to stand near and reveal those things while the person is undergoing the test4#ac ,the ,naudowessies totally abstain from every kind of either victuals or drink before a hunting expedition1 because they think that it enables them freely to dream1 in which dreams they are informed where they shall find the greatest plenty of game4#ad ,the ,tsimshian of ,british ,columbia1 if a special object is to be attained1 #bic believe they can compel the deity to grant it by a rigid fasting4#ae ,the ,amazulu have a saying that the continually stuffed body cannot see secret things1 and1 in accordance with this belief1 put no faith in a fat diviner4#af ,a ,tungus shaman1 who is summoned to treat a sick person1 will for several days abstain from food and maintain silence till he becomes inspired4#ag ,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 absorption4#ah ,the savage1 as ,sir ,e4 ,b4 ,tylor remarks1 has many a time1 for days and weeks together1 to try involuntarily the effects of fasting1 accompanied with other privations and with prolonged solitary contemplation in the desert or the forest4 ,under these circumstances he soon comes to see and talk with phantoms1 which are to him visible personal spirits1 and1 having thus learnt the secret of spiritual intercourse1 he thenceforth reproduces the cause in order to renew the effects4#ai ,the ,hindus believe that a fasting person will ascend to the heaven of that god in whose name he observes the fast4#bj ,the ,hebrews associated fasting with divine revelations4#ba ,st4 ,chrysostom says that fasting makes the soul brighter1 and gives it wings to mount up and soar on high4#bb ,footnote #ab3 ,tylor1 ,primitive ,culture1 ii4 #daj sqq4 ,spencer1 ,principles of ,sociology1 i4 #bfa4 ,avebury1 ,origin of ,civilisation1 p4 #bff sqq4 ,landtman1 ,origin of ,priesthood1 pp4 #aah-abc1 #aeh sqq4 ,mller1 ,geschichte der ,amerikanischen ,urreligionen1 pp4 #bhe1 #fea4 ,dorsey1 ',siouan ,cults1' in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #cij4 ,mooney1 ',myths of the ,cherokee1' ibid4 xix4 #dhj4 ,herrera1 ,general ,history of the ,west ,indies1 #a4 #afe 7ancient natives of ,hispaniola74 ,niebuhr1 ,travels through ,arabia1 ii4 #bhb4 ,footnote #ac3 ,turner1 ',ethnology of the ,ungava ,district1' in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #aie4 ,footnote #ad3 ,carver1 ,travels through the ,interior ,parts of ,north ,america1 p4 #bhe4 ,footnote #ae3 ,boas1 in ,fifth ,report on the ,north-,western ,tribes of ,canada1 p4 #ej4 ,footnote #af3 ,callaway1 ,religious ,system of the ,amazulu1 p4 #chg1 n4 #da4 ,footnote #ag3 ,krivoshapkin1 quoted by ,landtman1 op4 cit4 p4 #aei4 ,footnote #ah3 ,dalton1 ,ethnology of ,bengal1 p4 #bac4 ,see also ,rowney1 ,wild ,tribes of ,india1 p4 #gg4 ,footnote #ai3 ,tylor1 ,primitive ,culture1 ii4 #daj4 ,footnote #bj3 ,ward1 ,view of the ,history1 c4 of the ,hindoos1 ii4 #gg4 ,footnote #ba3 ,exodus1 xxxiv4 #bh4 ,deuteronomy1 ix4 #i4 ,daniel1 ix4 #c4 ,footnote #bb3 ,st4 ,chrysostom1 ,in ,cap4 ,i4 ,genes4 ,homil4 ,x4 7,migne1 ,patrologi cursus1 ,ser4 ,graeca1 liii4 #hc74 ,cf4 ,tertullian1 ,de jejuniis1 #f sqq4 7,migne1 ii4 #ifj1 #ifa1 #ifc72 ,haug1 ,alterthmmer der ,christen1 pp4 #dgf1 #dhb4 ,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 ceremony2#bc but there #bid is yet another ground for this practice4 ,the effect attributed to fasting is not merely psychical1 but it also prevents pollution4 ,food may cause defilement1 and1 like other polluting matter1 be detrimental to sanctity4 ,among the ,maoris no food is permitted to touch the head or hair of a chief1 which is sacred2 and if food is mentioned in connection with anything sacred 7or 'tapu'7 it is considered as an insult1 and revenged as such4#bd ,so also a full stomach may be polluting4#be ,this is obviously the reason why in ,morocco and elsewhere#bf certain magical practices1 in order to be efficacious1 have to be performed before breakfast4 ,the ,masai use strong purges before they venture to eat holy meat4#bg ,the ,caribs purified their bodies by purging1 bloodletting1 and fasting2 and the natives of the ,antilles1 at certain religious festivals1 cleansed themselves by vomiting before they approached the sanctuary4#bh ,the true object of fasting often appears from the fact that it is practised hand in hand with other ceremonies of a purificatory character4 ,a ,lappish noaide1 or wizard1 prepares himself for the offering of a sacrifice by abstinence from food and ablutions4#bi ,herodotus tells us that the ancient ,egyptians fasted before making a sacrifice to ,isis1 and beat their bodies while the victims were burnt4#cj ,when a ,hindu resolves to visit a sacred place1 he has his head shaved two days preceding the commencement of his journey1 and fasts the next day2 on the last day of his journey he fasts again1 and on his #bie arrival at the sacred spot he has his whole body shaved1 after which he bathes4#ca ,in ,christianity we likewise meet with fasting as a rite of purification4 ,at least as early as the time of ,tertullian it was usual for communicants to prepare themselves by fasting for receiving the ,eucharist2#cb and to this day ,roman ,catholicism regards it as unlawful to consecrate or partake of it after food or drink4#cc ,the ,lent fast itself was partly interpreted as a purifying preparation for the holy table4#cd ,and in the early ,church catechumens were accustomed to fast before baptism4#ce ,footnote #bc3 ,bossu1 ,travels through ,louisiana1 i4 #ch 7,natchez74 ,clavigero1 ,history of ,mexico1 i4 #bhe sq42 ,bancroft1 ,native ,races of the ,pacific ,states1 iii4 #ddj sq4 7ancient ,mexicans74 ,landa1 ,relacion de las cosas de ,yucatan1 p4 #aef4 ,junghuhn1 ,die ,battalnder auf ,sumatra1 ii4 #caa sq4 7natives of ,tjumba74 ,beauchamp1 in the ,madras ,government ,museum's ,bulletin1 iv4 #ef 7,hindus of ,southern ,india74 ,ward1 op4 cit4 ii4 #gf sq4 7,hindus74 ,wassiljew1 quoted by ,haberland1 ',gebruche und ,aberglauben beim ,essen1' in ,zeitschrift fr ,vlkerpsychologie1 xviii4 #cj 7,buddhists74 ,porphyry1 ,de abstinentia ab esu animalium1 ii4 #dd2 ,wachsmuth1 ,hellenische ,alterthumskunde1 ii4 #efj1 #egf2 ,hermann-,stark1 ,lehrbuch der gottesdienstlichen ,alterthmer der ,griechen1 p4 #cha2 ,anrich1 ,das antike ,mysterienwesen1 p4 #be2 ,diels1 ',ein orphischer ,demeterhymnus1' in ,festschrift ,theodor ,gomperz dargebracht1 p4 #f sqq4 ,chwolsohn1 ,die ,ssabier und der ,ssabismus1 ii4 #bc1 #gd4 ,footnote #bd3 ,angas1 ,polynesia1 p4 #adi4 ,footnote #be3 ,see ,robertson ,smith1 ,religion of the ,semites1 p4 #dcd sq42 ,westermarck1 ,the ,moorish ,conception of ,holiness1 p4 #abg4 ,footnote #bf3 ,wuttke1 ,der deutsche ,volksaberglaube der gegenwart1 #bai1 p4 #afa4 ,footnote #bg3 ,thomson1 ,masai ,land1 p4 #dcj4 ,footnote #bh3 ,waitz1 ,anthropologie der ,naturvlker1 iv4 #ccj2 iii4 #chd4 ,footnote #bi3 von ,dben1 ,lappland1 p4 #bef4 ,friis1 ,lappisk ,mythologi1 p4 #ade sq4 ,footnote #cj3 ,herodotus1 ii4 #dj4 ,footnote #ca3 ,ward1 op4 cit4 ii4 #acj sq4 ,cf4 ,institutes of ,vishnu1 xlvi4 #ag1 #bd sq4 ,footnote #cb3 ,tertullian1 ,de oratione1 #ai 7,migne1 op4 cit4 i4 #aahb74 ,footnote #cc3 ,catechism of the ,council of ,trent1 ii4 #d4 #f4 ,footnote #cd3 ,st4 ,jerome1 ,in ,jonam1 #c 7,migne1 op4 cit4 xxv4 #aadj74 ,footnote #ce3 ,justin ,martyr1 ,apologia ,i4 pro ,christianis1 #fa 7,migne1 op4 cit4 ,ser4 ,graeca1 vi4 #dbj74 ,st4 ,augustine1 ,de fide et operibus1 vi4 #h 7,migne1 xl4 #bjb74 ,in the case of a sacrifice it is considered necessary not only that he who offers it1 but that the victim also1 should be free from pollution4 ,in ancient ,egypt a sacrificial animal had to be perfectly clean4#cf ,according to ,hindu notions the gods enjoy pure sacrifices only4#cg ,in the ,kalika-,purana1 a work supposed to have been written under the direction of ,siva1 it is said that if a man is offered he must be free from corporal defect and unstained with great crimes1 and that if an animal is offered it must have exceeded its third year and be without blemish or disease2 and in no case must the victim be a woman or a she animal1 because1 as it seems1 females are regarded as naturally unclean4#ch ,according to the religious law of the ,hebrews1 no leaven or honey should be used in connection with vegetable offerings1 on the ground that these articles have the effect of producing fermentation and tend to acidify and spoil anything with which they are mixed2#ci and the animal which was intended for sacrifice should be absolutely free from blemish#dj and at least eight days old1#da that is1 untainted with the impurity of birth4 ,quite in harmony with these prescriptions is the notion that human or #bif animal victims have to abstain from food for some time before they are offered up4 ,among the ,kandhs the man who was destined to be sacrificed was kept fasting from the preceding evening1 but on the day of the sacrifice he was refreshed with a little milk and palm-sago2 and before he was led forth from the village in solemn procession he was carefully washed and dressed in a new garment4#db ,in ,morocco it is not only considered meritorious for the people to fast on the day previous to the celebration of the yearly sacrificial feast1 l-77ad l-kbr1 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 morning1 till some food is given it immediately before it is slaughtered4 ,the ,jewish custom which compels the firstborn to fast on the eve of ,passover#dc may also perhaps be a survival from a time when all the firstborn belonged to the ,lord4#dd ,footnote #cf3 ,herodotus1 ii4 #ch4 ,footnote #cg3 ,baudhyana1 i4 #f4 #ac4 #a sq4 ,footnote #ch3 ,dubois1 ,description of the ,character1 c4 of the ,people of ,india1 p4 #dia4 ,footnote #ci3 ,keil1 ,manual of ,biblical ,archology1 i4 #bfb4 ,footnote #dj3 ,leviticus1 xxii4 #ai sqq4 ,footnote #da3 ,ibid4 xxii4 #bg4 ,footnote #db3 ,macpherson1 ,memorials of ,service in ,india1 p4 #aah4 ,footnote #dc3 ,greenstone1 ',fasting1' in ,jewish ,encyclopedia1 v4 #cdh4 ,allen1 ,modern ,judaism1 p4 #cid4 ,footnote #dd3 ,supra1 i4 #dei4 ,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 share4#de ,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 life4 ,the ceremony usually occupies two consecutive days1 the first of which is chiefly taken up with preparatory rites and the vow of abstinence 7vrata7 by the sacrificer and his wife1 whilst the second day is reserved for the main performance of the sacrifice4 ,the vrata includes the abstention from certain kinds of food1 especially meat1 which will be offered to the gods on the following day1 as also from other carnal pleasures4 ,the ,satapatha-,brhmana gives the following explanation of it3--,the gods see through the mind of man2 they know that1 when #big he enters on this vow1 he means to sacrifice to them the next morning4 ,therefore all the gods betake themselves to his house1 and abide by him or the fires 7upa-vas7 in his house2 whence this day is called upa-vasatha4 ,now1 as it would even be unbecoming for him to take food before men who are staying with him as his guests have eaten2 how much more would it be so1 if he were to take food before the gods who are staying with him have eaten3 let him therefore take no food at all4#df ,it is hardly probable1 however1 that this is the original meaning of the abstinence in question4 ,it occurs about the time of new moon and full moon2 according to some native authorities the abstinence and sacrifice take place on the last two days of each half of the lunar month1 whilst the generality of ritualistic writers consider the first day of the half-month that is1 the first and sixteenth days of the month to be the proper time for the sacrifice4#dg ,we shall presently see how frequently fasting is observed on these occasions1 presumably for fear of eating food which is supposed to have been polluted by the moon2 hence it seems to me by no means improbable that the vrata has a similar origin1 instead of being merely a rite preparatory to the sacrifice which follows it4 ,but at the same time the idea that spirits or gods should have the first share of a meal is certainly very ancient1 and may lead to actual fasting in case the offering for some reason or other is to be delayed4 ,a ,polynesian legend tells us that a man by name ,maui once caught an immense fish4 ,then he left his brothers1 saying to them3--,after ,i am gone1 be courageous and patient2 do not eat food until ,i return1 and do not let our fish be cut up1 but rather leave it until ,i have carried an offering to the gods from this great haul of fish1 and until ,i have found a priest1 that fitting prayers and sacrifices may be offered to the god1 and the necessary rites be completed in order4 ,we shall thus all be purified4 ,i will then #bih return1 and we can cut up this fish in safety1 and it shall be fairly portioned out to this one1 and to that one1 and to that other4 ,but as soon as ,maui had gone1 his brothers began at once to eat food1 and to cut up the fish4 ,had ,maui previously reached the sacred place1 the heart of the deity would have been appeased with the offering of a portion of the fish which had been caught by his disciples1 and all the male and female deities would have partaken of their portions of the sacrifice4 ,but now the gods turned with wrath upon them1 on account of the fish which they had thus cut up without having made a fitting sacrifice4#dh ,footnote #de3 ,cf4 ,oldenberg1 ,die ,religion des ,veda1 p4 #dad4 ,footnote #df3 ,satapatha-,brhmana1 i4 #a4 #a4 #g sq4 ,eggeling1 in ,sacred ,books of the ,east1 xii4 #a sq4 ,oldenberg1 op4 cit4 p4 #dac1 n4 #a4 ,footnote #dg3 ,eggeling1 in ,sacred ,books of the ,east1 xii4 #a4 ,footnote #dh3 ,grey1 ,polynesian ,mythology1 p4 #bf sq4 ,among many peoples custom prescribes fasting after a death4 ,lucian says that at the funeral feast the parents of the deceased are prevailed upon by their relatives to take food1 being almost prostrated by a three days' fast4#di ,we are told that among the ,hindus children fast three days after the death of a parent1 and a wife the same period after the death of her husband2#ej but according to a more recent statement1 to be quoted presently1 they do not altogether abstain from food4 ,in one of the sacred books of ,india it is said that mourners shall fast during three days1 and that1 if they are unable to do so1 they shall subsist on food bought in the market or given unasked4#ea ,among the ,nayadis of ,malabar from the time of death until the funeral is over1 all the relations must fast4#eb ,among the ,irulas of the ,neilgherries the relatives of the deceased fast during the first day1 that is1 if 4 4 4 4 the death occur after the morning meal1 they refrain from the evening one1 and eat nothing till the next morning4 ,if it occur during the night1 or before the morning meal1 they refrain from all food till the evening4 ,similar fasting is observed on every return of the same day of the week1 till the obsequies take place4#ec ,among #bii the ,bogos of ,eastern ,africa a son must fast three days after the death of his father4#ed ,on the ,gold ,coast it is the custom for the near relatives of the deceased to perform a long and painful fast1 and sometimes they can only with difficulty be induced to have recourse to food again4#ee ,so also in ,dahomey they must fast during the corpse time1 or mourning4#ef ,among the ,brazilian ,paress the relatives of a dead person remain for six days at his grave1 carefully refraining from taking food4#eg ,among the aborigines of the ,antilles children used to fast after the death of a parent1 a husband after the death of his wife1 and a wife after the death of her husband4#eh ,in some ,indian tribes of ,north ,america it is the custom for the relatives of the deceased to fast till the funeral is over4#ei ,among the ,snanaimuq1 a tribe of the ,coast ,salish1 after the death of a husband or wife the surviving partner must not eat anything for three or four days4#fj ,in one of the interior divisions of the ,salish of ,british ,columbia1 the ,stlatlumh1 the next four days after a funeral feast are spent by the members of the household of the deceased person in fasting1 lamenting and ceremonial ablutions4#fa ,among the ,upper ,thompson ,indians in ,british ,columbia1 again1 those who handled the dead body and who dug the grave had to fast until the corpse was buried4#fb ,footnote #di3 ,lucian1 ,de luctu1 #bd4 ,footnote #ej3 ,ward1 ,view of the ,history1 c4 of the ,hindoos1 ii4 #gf sq4 ,footnote #ea3 ,vasishtha1 iv4 #ad sq4 ,cf4 ,institutes of ,vishnu1 xix4 #ad4 ,footnote #eb3 ,thurston1 in the ,madras ,government ,museum's ,bulletin1 iv4 #gf4 ,footnote #ec3 ,harkness1 ,description of a ,singular ,race inhabiting the ,neilgherry ,hills1 p4 #ig4 ,footnote #ed3 ,munzinger1 ,die ,sitten und das ,recht der ,bogos1 p4 #bi4 ,footnote #ee3 ,cruickshank1 ,eighteen ,years on the ,gold ,coast1 ii4 #bah4 ,footnote #ef3 ,burton1 ,mission to ,gelele1 ii4 #afc4 ,footnote #eg3 von den ,steinen1 ,unter den ,naturvlkern ,zentral-,brasiliens1 p4 #dce4 ,cf4 ibid4 p4 #cci 7,bakari74 ,footnote #eh3 ,du ,tertre1 ,histoire gnrale des ,antilles1 ii4 #cga4 ,footnote #ei3 ,charlevoix1 ,voyage to ,north-,america1 ii4 #ahg4 ,footnote #fj3 ,boas1 in ,fifth ,report on the ,north-,western ,tribes of ,canada1 p4 #de4 ,footnote #fa3 ,tout1 ',ethnology of the ,stlatlumh of ,british ,columbia1' in ,jour4 ,anthr4 ,inst4 xxxv4 #ach4 ,footnote #fb3 ,teit1 ',thompson ,indians of ,british ,columbia1' in ,memoirs of the ,american ,museum of ,natural ,history1 ,anthropology1 i4 #cca4 ,in several instances fasting after a death is observed only in the daytime4 ,david and his people fasted for ,saul and ,jonathan until even on the day when the news of their death arrived4#fc ,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 #cjj the deceased is buried in the afternoon or evening2 but if a person dies so late that he cannot be buried till the next morning the people eat at night4 ,in the ,pelew ,islands1 as long as the dead is unburied1 fasting is observed in the daytime but not in the evening4#fd ,in ,fiji after a burial the kana-bogi1 or fasting till evening1 is practised for ten or twenty days4#fe ,in ,samoa it was common for those who attended the deceased to eat nothing during the day1 but to have a meal at night4#ff ,in the ,tuhoe tribe of the ,maoris1 when a chief of distinction died his widow and children would remain for some time within the whare potae that is1 mourning house1 eating food during the night time only1 never during the day4#fg ,the ,sacs and ,foxes in ,nebraska formerly required that children should fast for three months after the death of a parent1 except that they every day about sunset were allowed to partake of a meal made entirely of hominy4#fh ,among the ,kansas a man who loses his wife must fast from sunrise to sunset for a year and a half1 and a woman who loses her husband must observe a similar fast for a year4#fi ,in some tribes of ,british ,columbia and among the ,thlinkets1 until the dead body is buried the relatives of the deceased may eat a little at night but have to fast during the day4#gj ,among the ,upper ,thompson ,indians a different custom prevailed3 nobody was allowed to eat1 drink1 or smoke in the open air after sunset 7others say after dusk7 before the burial1 else the ghost would harm them4#ga ,footnote #fc3 #b ,samuel1 i4 #ab4 ,cf4 ibid4 iii4 #ce4 ,footnote #fd3 ,waitz1 op4 cit4 v4 #aec4 ,footnote #fe3 ,williams and ,calvert1 ,fiji1 p4 #afi4 ,footnote #ff3 ,turner1 ,nineteen ,years in ,polynesia1 p4 #bbh4 ,idem1 ,samoa1 p4 #ade4 ,footnote #fg3 ,best1 ',tuhoe ,land1' in ,trans4 and ,proceed4 of the ,new ,zealand ,institute1 xxx4 #ch4 ,footnote #fh3 ,yarrow1 ',mortuary ,customs of the ,north ,american ,indians1' in ,ann4 ,rep4 ,bur4 ,ethn4 i4 #ie4 ,footnote #fi3 ,dorsey1 ',mourning and ,war ,customs of the ,kansas1' in ,american ,naturalist1 xix4 #fgi sq4 ,footnote #gj3 ,boas1 loc4 cit4 p4 #da4 ,footnote #ga3 ,teit1 loc4 cit4 p4 #cbh4 ,very frequently mourners have to abstain from certain victuals only1 especially flesh or fish1 or some other staple or favourite food4 ,in ,greenland everybody who had lived in the same house with the dead1 or who had touched his corpse1 was for some time forbidden to partake of certain kinds of food4#gb ,among the ,upper ,thompson ,indians parents bereft of a child did not eat fresh meat for several months4#gc ,among the ,stlatlumh of #cja ,british ,columbia a widow might eat no fresh food for a whole year1 whilst the other members of the deceased person's family abstained from such food for a period of from four days to as many months4 ,a widower was likewise forbidden to eat fresh meats for a certain period1 the length of which varied with the age of the person--the younger the man1 the longer his abstention4#gd ,in some of the ,goajiro clans of ,colombia a person is prohibited from eating flesh during the mourning time1 which lasts nine days4#ge ,among the ,abipones1 when a chief died1 the whole tribe abstained for a month from eating fish1 their principal dainty4#gf ,while in mourning1 the ,northern ,queensland aborigines carefully avoid certain victuals1 believing that the forbidden food1 if eaten1 would burn up their bowels4#gg ,in ,easter ,island the nearest relatives of the dead are for a year or even longer obliged to abstain from eating potatoes1 their chief article of food1 or some other victuals of which they are particularly fond4#gh ,certain ,papuans and various tribes in the ,malay ,archipelago prohibit persons in mourning from eating rice or sago4#gi ,in the ,andaman ,islands mourners refuse to partake of their favourite viands4#hj ,after the death of a relative the ,tipperahs abstain from flesh for a week4#ha ,the same is the case with the ,arakh1 a tribe in ,oudh1 during the fifteen days in the month of ,kur which are sacred to the worship of the dead4#hb ,among the ,nayadis of ,malabar the relatives of the deceased are not allowed to eat meat for ten days after his death4#hc ,according to ,toda custom the near relatives must not eat rice1 milk1 honey1 or gram until the funeral is over4#hd ,among the ,hindus described by ,mr4 ,chunder ,bose a widow is restricted to one scanty meal a day1 and this is of the coarsest description and always devoid of fish1 the most esteemed article of food in a ,hindu lady's bill of fare4 ,the son1 again1 from #cjb the hour of his father's death to the conclusion of the funeral ceremony1 is allowed to take only a meal consisting of atab rice1 a sort of inferior pulse1 milk1 ghee1 sugar1 and a few fruits1 and at night a little milk1 sugar1 and fruits--a rgime which lasts ten days in the case of a ,brahmin and thirty-one days in the case of a ,sdra4#he ,in some of the sacred books of ,india it is said that1 during the period of impurity1 all the mourners shall abstain from eating meat4#hf ,in ,china meat1 must1 and spirits were forbidden even in the last month of the deepest mourning1 when other sorts of food had long been allowed already4#hg ,footnote #gb3 ,egede1 ,description of ,greenland1 p4 #adi sq4 ,cranz1 ,history of ,greenland1 i4 #bah4 ,footnote #gc3 ,teit1 loc4 cit4 p4 #ccb4 ,footnote #gd3 ,tout1 in ,jour4 ,anthr4 ,inst4 xxxv4 #ach sq4 ,footnote #ge3 ,candelier1 ,rio-,hacha1 p4 #bbj4 ,footnote #gf3 ,charlevoix1 ,history of ,paraguay1 i4 #dje4 ,footnote #gg3 ,lumholtz1 ,among ,cannibals1 p4 #bjc4 ,footnote #gh3 ,geiseler1 ,die ,oster-,insel1 pp4 #bh1 #cj4 ,footnote #gi3 ,wilken1 ',ueber das ,haaropfer1 und einige andere ,trauergebruche bei den ,vlkern ,indonesien's1' in ,revue coloniale internationale1 iv4 #cdh sq4 ,footnote #hj3 ,man1 ',aboriginal ,inhabitants of the ,andaman ,islands1' in ,jour4 ,anthr4 ,inst4 xii4 #adb99991 #cec4 ,footnote #ha3 ,browne1 quoted by ,dalton1 op4 cit4 p4 #aaj4 ,footnote #hb3 ,crooke1 ,tribes and ,castes of the ,north-,western ,provinces and ,oudh1 i4 #hd4 ,footnote #hc3 ,thurston1 in the ,madras ,government ,museum's ,bulletin1 iv4 #gf4 ,footnote #hd3 ,idem1 ibid4 i4 #agd4 ,dr4 ,rivers says 7,todas1 p4 #cgj7 that1 among the ,todas1 a widower is not allowed to eat rice nor drink milk1 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 meal4 ,the same holds good for a widow4 ,footnote #he3 ,bose1 ,the ,hindoos as they are1 pp4 #bdd1 #bed sq4 ,footnote #hf3 ,gautama1 xiv4 #ci4 ,institutes of ,vishnu1 xix4 #ae4 ,footnote #hg3 de ,groot1 ,religious ,system of ,china1 7vol4 ii4 book7 i4 #fea4 ,the custom of fasting after a death has been ascribed to different causes by different writers4 ,mr4 ,spencer believes that it has resulted from the habit of making excessive provision for the dead4#hh ,but although among some peoples the funeral offerings no doubt are so extensive as to reduce the survivors to poverty and starvation1#hi ,i have met with no statement to the effect that they are anxious to give to the deceased all the eatables which they possess1 or that the mourning fast is a matter of actual necessity4 ,it is always restricted to some fixed period1 often to a few days only1 and it prevails among many peoples who have never been known to be profuse in their sacrifices to the dead4 ,with reference to the ,chinese1 ,dr4 de ,groot maintains that the mourners originally fasted with a view to being able to sacrifice so much the more at the tomb2 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 sacrifice4#ij ,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 species4 ,footnote #hh3 ,spencer1 ,principles of ,sociology1 i4 #bfa sqq4 ,footnote #hi3 ,ibid4 i4 #bfb4 ,footnote #ij3 de ,groot1 op4 cit41 7vol4 ii4 book7 i4 #feb4 ,professor ,wilken1 again1 suggests that the mourners abstain from food till they have given the dead his due1 in #cjc order to show that they do not wish to keep him waiting longer than is necessary and thus make him kindly disposed towards them4#ia ,this explanation presupposes that the fast is immediately followed by offerings or a feast for the dead4 ,in some instances this is expressly said to be the case2#ib the ancient ,chinese1 for instance1 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 mourning4#ic ,but generally there is no indication of the mourning fast being an essential preliminary to a sacrifice to the dead1 and in an instance mentioned above the funeral feast regularly precedes it4#id ,footnote #ia3 ,wilken1 in ,revue colonials internationale1 iv4 #cdg1 #cdh1 #cej sq4 n4 #cb4 ,footnote #ib3 ,selenka1 ,sonnige ,welten1 p4 #ij 7,dyaks74 ,black1 ',fasting1' in ,encyclopdia ,britannica1 ix4 #dd4 ,footnote #ic3 de ,groot1 op4 cit4 7vol4 ii4 book7 i4 #fef4 ,footnote #id3 ,supra1 ii4 #bii4 ,it seems that ,sir ,j4 ,g4 ,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 ghost4#ie ,yet ,i think it would generally be more correct to say that they were afraid of swallowing1 not the ghost1 but food polluted with the contagion of death4 ,the dead body is regarded as a seat of infection1 which defiles anything in its immediate neighbourhood1 and this infection is of course considered particularly dangerous if it is allowed to enter into the bowels4 ,in certain cases the length of the mourning fast is obviously determined by the belief in the polluting presence of the ghost4 ,the six days' fast of the ,paress coincides with the period after which the dead is supposed to have arrived in heaven no longer to return2 and they say that anybody who should fail to observe this fast would eat the mouth of the dead and die himself4#if ,frequently the fasting lasts till the corpse is buried2 and burial is a common safeguard against the return of the ghost4#ig ,the custom #cjd of restricting the fast to the daytime probably springs from the idea that a ghost cannot see in the dark1 and is consequently unable to come and pollute the food at night4 ,that the object of the fast is to prevent pollution is also suggested by its resemblance to some other practices1 which are evidently intended to serve this purpose4 ,the ,maoris were not allowed to eat on or near any spot where a dead body had been buried1 or to take a meal in a canoe while passing opposite to such a place4#ih ,in ,samoa1 while a dead body is in the house1 no food is eaten under the same roof2 hence the family have their meals outside1 or in another house4#ii ,the ,todas1 who fast on the day when a death has taken place1 have on the following day their meals served in another hut4#ajj ,in one of the sacred books of ,india it is said that a ,brhmana shall not eat in the house of a relation within six degrees where a person has died1 before the ten days of impurity have elapsed2 in a house where a lying-in woman has not yet come out of the lying-in chamber2 nor in a house where a corpse lies2#aja and in connection with this last injunction we are told that1 when a person who is not a relation has died1 it is customary to place at the distance of one hundred bows a lamp and water-vessel1 and to eat beyond that distance4#ajb ,in one of the ,zoroastrian books ,ormuzd is represented as saying1 ,in a house when a person shall die1 until three nights are completed 4 4 4 nothing whatever of meat is to be eaten by his relations2#ajc 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 death4#ajd ,closely related to this custom is that of the modern ,parsis1 which forbids for three days all cooking under a roof where a death has occurred1 but allows the inmates to obtain food from their neighbours #cje and friends4#aje ,among the ,agariya1 a ,dravidian tribe in the hilly parts of ,mirzpur1 no fire is lit and no cooking is done in the house of a dead person on the day when he is cremated1 the food being cooked in the house of the brother-in-law of the deceased4#ajf ,in ,mykonos1 one of the ,cyclades1 it is considered wrong to cook in the house of mourning2 hence friends and relatives come laden with food1 and lay the bitter table4#ajg ,among the ,albanians there is no cooking in the house for three days after a death1 and the family are fed by friends4#ajh ,so also the ,maronites of ,syria dress no victuals for some time in the house of the deceased1 but their relations and friends supply them4#aji ,when a ,jew dies all the water in the same and adjoining houses is instantly thrown away2#aaj nobody may eat in the same room with the corpse1 unless there is only one room in the house1 in which case the inhabitants may take food in it if they interpose a screen1 so that in eating they do not see the corpse2 they must abstain from flesh and wine so long as the dead body is in the house2#aaa and on the evening of mourning the members of the family may not eat their own food1 but are supplied with food by their friends4#aab ,among the ,arabs of ,morocco1 if a person has died in the morning1 no fire is made in the whole village until he is buried1 and in some parts of the country the inmates of a house or tent where a death has occurred1 abstain from making fire for two or three days4 ,in ,algeria ds que quelqu'un est mort1 on ne doit pas allumer de feu dans la maison pendant trois jours1 et il est dfendu de toucher de la viande rtie1 grille ou bouillie1 moins qu'elle ne vienne de quelqu'un de dehors4#aac ,in ,china1 for seven days after a death no food is cooked in the house1 and friends #cjf and neighbours are trusted to supply the common necessaries of life4#aad ,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 fast1 but the two customs seem partly to have a similar origin4 ,the cooking may contaminate the food if done in a polluted house1 or by a polluted individual4 ,the relatives of the dead1 or persons who have handled the corpse1 are regarded as defiled2 hence they have to abstain from cooking food1 as they have to abstain from any kind of work1#aae and from sexual intercourse4#aaf ,hence1 also1 they are often prohibited from touching food2 and this may in some cases have led to fasting1 whilst in other instances they have to be fed by their neighbours4#aag ,footnote #ie3 ,frazer1 ',certain ,burial ,customs as illustrative of the ,primitive ,theory of the ,soul1' in ,jour4 ,anthr4 ,inst4 xv4 #id4 ,see also ,oldenberg1 ,die ,religion des ,veda1 pp4 #bgj1 #eij4 ,footnote #if3 von den ,steinen1 op4 cit4 p4 #dcd sq4 ,footnote #ig3 ,infra1 on ,regard for the ,dead4 ,footnote #ih3 ,polack1 ,manners ani ,customs of the ,new ,zealanders1 i4 #bci4 ,footnote #ii3 ,turner1 ,nineteen ,years in ,polynesia1 p4 #bbh4 ,idem1 ,samoa1 p4 #ade4 ,footnote #ajj3 ,thurston1 in the ,madras ,government ,museum's ,bulletin1 i4 #agd4 ,footnote #aja3 pastamba1 i4 #e4 #af4 #ah sqq4 ,footnote #ajb3 ,haradatta1 quoted by ,bhler1 in ,sacred ,books of the ,east1 ii4 #ei1 n4 #bj4 ,footnote #ajc3 ,shyast ,l-,shyast1 xvii4 #b4 ,footnote #ajd3 ,west1 in ,sacred ,books of the ,east1 v4 #chb1 n4 #c4 ,footnote #aje3 ,west1 ibid4 v4 #chb1 n4 #b4 ,footnote #ajf3 ,crooke1 ,tribes and ,castes of the ,north-,western ,provinces1 i4 #g4 ,footnote #ajg3 ,bent1 ,cyclades1 p4 #bba4 ,footnote #ajh3 von ,hahn1 ,albanesische ,studien1 p4 #aea4 ,footnote #aji3 ,dandini1 ',voyage to ,mount ,libanus1' in ,pinkerton1 ,collection of ,voyages1 x4 #bij4 ,footnote #aaj3 ,allen1 ,modern ,judaism1 p4 #dce4 ,footnote #aaa3 ,bodenschatz1 ,kirchliche ,verfassung der heutigen ,juden1 iv4 #agg4 ,footnote #aab3 ,buxtorf1 ,synagoga ,judaica1 p4 #gjg4 ,footnote #aac3 ,certeux and ,carnoy1 ,l',algrie traditionelle1 p4 #bbj4 ,footnote #aad3 ,gray1 ,china1 i4 #bhg sq4 ,footnote #aae3 ,supra1 ii4 #bhc sq4 ,footnote #aaf3 ,teit1 loc4 cit4 p4 #cca 7,upper ,thompson ,indians74 ,tout1 in ,jour4 ,anthr4 ,inst4 xxxv4 #aci 7,stlatlumh of ,british ,columbia74 ,oldenberg1 ,die ,religion des ,veda1 pp4 #egh1 #eij2 ,caland1 ,die ,altindischen ,todten- und ,bestattungsgebruche1 p4 #ha4 de ,groot1 op4 cit4 7vol4 ii4 book7 i4 #fji 7,chinese74 ,wilken1 in ,revue internationale coloniale1 iv4 #ceb1 n4 #da4 ,footnote #aag3 ,turner1 ,samoa1 p4 #ade2 ,idem1 ,nineteen ,years in ,polynesia1 p4 #bbh 7,samoans74 ,ellis1 ,polynesian ,researches1 i4 #djc 7,tahitians74 ,frazer1 ,golden ,bough1 i4 #cbc 7,maoris74 ,williams and ,calvert1 ,fiji1 p4 #afi4 ,among the ,upper ,thompson ,indians the persons who handled the dead body would not touch the food with their hands1 but must put it into their mouths with sharp-pointed sticks 7,teit1 loc4 cit4 p4 #cca74 ,however1 an unclean individual may be supposed to pollute a piece of food not only by touching it with his hand1 but in some cases by eating it2 and1 in accordance with the principle of pars pro toto1 the pollution may then spread to all victuals belonging to the same species4 ,ideas of this kind are sometimes conspicuous in connection with the restrictions in diet after a death4 ,thus the ,siciatl of ,british ,columbia believe that a dead body1 or anything connected with the dead1 is inimical to the salmon1 and therefore the relatives of a deceased person must abstain from eating salmon in the early stages of the run1 as also from entering a creek where salmon are found4#aah ,among the ,stlatlumh1 a neighbouring people1 not even elderly widowers1 for whom the period of abstention is comparatively #cjg short1 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 away4#aai ,it is not unlikely that if the motives for the restrictions in diet after a death were sufficiently known in each case1 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 food4#abj ,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 defiled4 ,footnote #aah3 ,tout1 ',ethnology of the ,siciatl of ,british ,columbia1' in ,jour4 ,anthr4 ,inst4 xxxiv4 #cc4 ,footnote #aai3 ,tout1 in ,jour4 ,anthr4 ,inst4 xxxv4 #aci4 ,footnote #abj3 ,in the ,arunta tribe1 ,central ,australia1 no menstruous woman is allowed to gather the ,irriakura bulbs1 which form a staple article of diet for both men and women1 the idea being that any infringement of the restriction would result in the failure of the supply of the bulb 7,spencer and ,gillen1 ,northern ,tribes of ,central ,australia1 p4 #fae74 ,moreover1 unclean individuals are not only a danger to others1 but are themselves in danger4 ,as ,sir ,j4 ,g4 ,frazer has shown1 they are supposed to be in a delicate condition1 which imposes upon them various precautions2#aba and one of these may be restrictions in their diet4 ,among the ,thlinkets and some peoples in ,british ,columbia the relatives of the deceased not only fast till the body is buried1 but have their faces blackened1 cover their heads with ragged mats1 and must speak but little1 confining themselves to answering questions1 as it is believed that they would else become chatterboxes4#abb ,according to early ideas1 mourners are in a state very similar to that of girls at puberty1 who also1 among various peoples1 are obliged to fast or abstain from certain kinds of food on account of their uncleanness4#abc ,among the ,stlatlumh1 for instance1 #cjh when a girl reaches puberty1 she fasts for the first four days and abstains from fresh meats of any kind throughout the whole period of her seclusion4 ,there was a two-fold object in this abstention4 ,first1 the girl1 it was thought1 would be harmed by the fresh meat in her peculiar condition2 and second1 the game animals would take offence if she partook of their meat in these circumstances1 and would not permit her father to kill them4#abd ,footnote #aba3 ,frazer1 ,golden ,bough1 i4 #cdc1 c4 ,footnote #abb3 ,boas1 loc4 cit4 p4 #da4 ,footnote #abc3 ,boas1 loc4 cit4 p4 #dj sqq4 7various tribes in ,british ,columbia74 ,tout1 in ,jour4 ,anthr4 ,inst4 xxxiv4 #cc 7,siciatl74 ,sproat1 ,scenes and ,studies of ,savage ,life1 p4 #ic sq4 7,ahts74 ,bourke1 ',medicine-,men of the ,apache1' in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #eja4 ,du ,tertre1 ,histoire gnrale des ,antilles1 ii4 #cga4 ,schomburgk1 ',natives of ,guiana1' in ,jour4 ,ethn4 ,soc4 ,london1 i4 #bfi sq4 von ,martius1 ,beitrge zur ,ethnographie ,amerika's1 i4 #fdd 7,macusis74 ,seligmann1 in ,reports of the ,cambridge ,expedition to ,torres ,straits1 v4 #bjj sqq4 7,western ,islanders74 ,man1 ',aboriginal ,inhabitants of the ,andaman ,islands1' in ,jour4 ,anthr4 ,inst4 xii4 #id4 ,see ,frazer1 op4 cit4 iii4 #bje sqq4 ,footnote #abd3 ,tout1 in ,jour4 ,anthr4 ,inst4 xxxv4 #acf4 ,it should finally be noticed that1 though the custom of fasting after a death in the main has a superstitious origin1 there may at the same time be a physiological motive for it4#abe ,even the rudest savage feels afflicted at the death of a friend1 and grief is accompanied by a loss of appetite4 ,this natural disinclination to partake of food may1 combined with superstitious fear1 have given rise to prohibitory rules1 nay1 may even in the first instance have suggested the idea that there is danger in taking food4 ,the mourning observances so commonly coincide with the natural expressions of sorrow1 that we are almost bound to assume the existence of some connection between them1 even though in their developed forms the superstitious motive be the most prominent4 ,footnote #abe3 ,cf4 ,mallery1 ',manners and ,meals1' in ,american ,anthropologist1 i4 #bjb2 ,brinton1 ,religions of ,primitive ,peoples1 p4 #bac2 ,schurtz1 ,urgeschichte der ,kultur1 p4 #ehg4 ,an important survival of the mourning fast is the ,lent fast4 ,it originally lasted for forty hours only1 that is1 the time when ,christ lay in the grave4#abf ,irenaeus speaks of the fast of forty hours before ,easter1#abg and ,tertullian1 when a ,montanist disputing against the ,catholics1 says that the only legitimate days for ,christian fasting were those in which the ,bridegroom was taken away4#abh ,subsequently1 however1 the forty hours were extended to forty #cji days1 in imitation of the forty days' fasts of ,moses1 ,elijah1 and ,christ4#abi ,footnote #abf3 ,cf4 ,st4 ,matthew1 ix4 #ae2 ,st4 ,mark1 ii4 #bj2 ,st4 ,luke1 v4 #ce4 ,footnote #abg3 ,irenaeus1 quoted by ,eusebius1 ,historia ecclesiastica1 v4 #bd 7,migne1 ,patrologi cursus1 ,ser4 ,graeca1 xx4 #eja74 ,cf4 ,funk1 ',die ,entwicklung des ,osterfastens1' in ,theologische ,quartalschrift1 lxxv4 #aha sqq42 ,duchesne1 ,christian ,worship1 p4 #bda4 ,footnote #abh3 ,tertullian1 ,de jejuniis1 #b 7,migne1 op4 cit4 ii4 #ief74 ,footnote #abi3 ,st4 ,jerome1 ,commentarii in ,jonam1 #c 7,migne1 op4 cit4 xxv4 #aadj74 ,st4 ,augustine1 ,epistola ,,lv 7alias ,,cxix71 ',ad inquisitiones ,januarii1' #ae 7,migne1 xxxiii4 #bag sq474 ,funk1 loc4 cit4 p4 #bji4 ,not only on a death1 but on certain other occasions1 food is supposed to pollute or injure him who partakes of it1 and is therefore to be avoided4 ,in ,pfalz the people maintain that no food should be taken at an eclipse of the sun2#acj and all over ,germany there is a popular belief that anybody who eats during a thunderstorm will be struck by the lightning4#aca ,when the ,todas know that there is going to be an eclipse of the sun or the moon1 they abstain from food4#acb ,among the ,hindus1 while an eclipse is going on1 drinking water1 eating food1 and all household business1 as well as the worship of the gods1 are all prohibited2 high-caste ,hindus do not even eat food which has remained in the house during an eclipse1 but give it away1 and all earthen vessels in use in their houses at the time must be broken4#acc ,among the rules laid down for ,sntakas1 that is1 ,brhmanas who have completed their studentship1 there is one which forbids them to eat1 travel1 and sleep during the twilight2#acd and in one of the ,zoroastrian ,pahlavi texts it is said that in the dark it is not allowable to eat food1 for the demons and fiends seize upon one-third of the wisdom and glory of him who eats food in the dark4#ace ,many ,hindus who revere the sun do not break their fast in the morning till they catch a clear view of it1 and do not eat at all on days when it is obscured by clouds#acf--;a custom to which there is a parallel among some ,north ,american sun-worshippers1 the ,snanaimuq ,indians belonging to the ,coast ,salish1 who must not partake of any food until the sun is well up in the sky4#acg ,brahmins #caj fast at the equinoxes1 solstices1 conjunctions of planets1 and on the days of the new and full moon4#ach ,the ,buddhist ,sabbath1 or ,uposatha1 which1 as we have noticed above1 occurs on the day of full moon1 on the day when there is no moon1 and on the two days which are eighth from the full and new moon1 is not only a day of rest1 but has also from ancient times been a fast-day4 ,he who keeps the ,sabbath rigorously abstains from all food between sunrise and sunset1 and1 as no cooking must be done during the ,uposatha1 he prepares his evening meal in the early morning before the rise of the sun4#aci ,footnote #acj3 ,schnwerth1 ,aus der ,oberpfalz1 iii4 #ee4 ,footnote #aca3 ,haberland1 in ,zeitschr4 f4 ,vlkerpsychologie1 xviii4 #beh4 ,footnote #acb3 ,rivers1 op4 cit4 p4 #eib sq4 ,footnote #acc3 ,crooke1 ,popular ,religion of ,northern ,india1 i4 #ba sq4 ,footnote #acd3 ,laws of ,manu1 iv4 #ee4 ,footnote #ace3 ,shyast ,l-,shyast1 ix4 #h4 ,footnote #acf3 ,wilson1 ,works1 i4 #bff4 ,hunter1 ,annals of ,rural ,bengal1 ii4 #bhe4 ,crooke1 ,things ,indian1 p4 #bad4 ,footnote #acg3 ,boas1 loc4 cit4 p4 #ea4 ,footnote #ach3 ,dubois1 ,description of the ,people of ,india1 p4 #afj4 ,see also supra1 ii4 #big4 ,footnote #aci3 ,childers1 ,dictionary of the ,pali ,language1 p4 #ece4 ,kern1 ,der ,buddhismus1 ii4 #beh4 ,among the ,jews there are many who abstain from food on the day of an eclipse of the moon1 which they regard as an evil omen4#adj ,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 rest1 but as fast-days2 and the ,hebrew ,sabbath1 as we have seen1 in all probability owes its origin to superstitious fear of the changes in the moon4#ada ,or how shall we explain the curious rule which forbids fasting on a new moon and on the seventh day1#adb if not as a protest against a fast once in vogue among the ,jews on these occasions1 but afterwards regarded as an illegitimate rite8#adc ,this theory is not new1 for ,hooker in his ',ecclesiastical ,polity' observes that it may be a question1 whether in some sort they did not always fast on the ,sabbath4 ,he refers to a statement of ,josephus1 according to which the sixth hour was wont on the ,sabbath always to call them home unto meat1 and to certain pagan writers who upbraided them with fasting on that day4#add ,in ,nehemiah there is an indication that it was a custom to fast on the first day of the seventh month1#ade #caa which is holy unto the ,lord2#adf and on the tenth day of the same month there was the great fast of atonement1 combined with abstinence from every kind of work4#adg ,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 work1 but also make it dangerous to partake of food4 ,the fact of the seventh day being a day of rest established the number seven as a sabbatical number4 ,in the seventh month there are several days1 besides ,saturdays1 which are to be observed as days of rest1#adh and in the seventh year there shall be a sabbath of rest unto the land4#adi ,in these ,sabbatarian regulations the day of atonement plays a particularly prominent part4 ,the severest punishment is prescribed for him who does not rest and fast on that day from even unto even2#aej and it is on the same day that1 after the lapse of seven times seven years1 the trumpet of the jubilee shall be caused to sound throughout the land4#aea ,most of the rules concerning the day of atonement are undoubtedly post-exilic4 ,but the fact that no other regular days of fasting but those mentioned by ,zechariah are referred to by the prophets or in earlier books1 hardly justifies the conclusion drawn by many scholars that no such fast existed4 ,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 date2 but it is perhaps not too bold to suggest that the idea of atonement is a later interpretation of a previously existing fast1 which was originally observed for fear of the dangerous quality attributed to the number seven4 ,why this fast was enjoined on the tenth day of the seventh month remains obscure2 but it seems that the order of the month was considered more important than that of the day4 ,nehemiah speaks of a fast which #cab was kept on the twenty-fourth day of the seventh month4#aeb ,footnote #adj3 ,buxtorf1 op4 cit4 p4 #dgg4 ,footnote #ada3 ,supra1 ii4 #bhf sq4 ,footnote #adb3 ,judith1 viii4 #f4 ,schulchan ,aruch1 i4 #ia1 #aag4 ,footnote #adc3 ,see ,jastrow1 ',original ,character of the ,hebrew ,sabbath1' in ,american ,journal of ,theology1 ii4 #cbe4 ,footnote #add3 ,hooker1 ,ecclesiastical ,polity1 v4 #gb1 vol4 ii4 #cch4 ,footnote #ade3 ,nehemiah1 viii4 #b1 #aj3--,then he said unto them1 ,go your way1 eat the fat1 and drink the sweet1 and send portions unto them for whom nothing is prepared4 ,footnote #adf3 ,nehemiah1 viii4 #i sqq4 ,see also ,leviticus1 xxiii4 #bd sq42 ,numbers1 xxix4 #a4 ,among the ,babylonians1 too1 the seventh month had a sacred character 7astrow1 ,religion of ,babylonia and ,assyria1 pp4 #fha1 #fhc1 #fhf74 ,footnote #adg3 ,leviticus1 xvi4 #bi1 #ca2 xxiii4 #bg sqq4 ,numbers1 xxix4 #g4 ,footnote #adh3 ,leviticus1 xxiii4 #bd1 #be1 #ce1 #cf1 #ci4 ,numbers1 xxix4 #a1 #ab1 #ce4 ,footnote #adi3 ,leviticus1 xxv4 #d4 ,see also ,exodus1 xxiii4 #aj sq4 ,footnote #aej3 ,leviticus1 xxiii4 #bi sq4 ,footnote #aea3 ,ibid4 xxv4 #i4 ,footnote #aeb3 ,nehemiah1 ix4 #a4 ,in other ,semitic religions we meet with various fasts which are in some way or other connected with astronomical changes4 ,according to ,en-,nedm1 the ,harranians1 or ,sabians1 observed a thirty days' fast in honour of the moon1 commencing on the eighth day after the new moon of ,adsr 7,march72 a nine days' fast in honour of the ,lord of ,good ,luck 7probably ,jupiter71#aec commencing on the ninth day before the new moon of the first ,knn 7,december72 and a seven days' fast in honour of the sun1 commencing on the eighth or ninth day after the new moon of ,shobth 7,february74#aed ,the thirty days' fast seems to have implied abstinence from every kind of food and drink between sunrise and sunset1#aee whereas the seven days' fast is expressly said to have consisted in abstinence from fat and wine4#aef ,in ,manichism--which is essentially based upon the ancient nature religion of ,babylonia1 though modified by ,christian and ,persian elements and elevated into a gnosis#aeg--we meet with a great number of fasts4 ,there is a continuous fast for two days when the sun is in ,sagittarius 7which it enters about the #bbnd ,november7 and the moon has its full light2 another fast when the sun has entered ,capricornus 7which it does about the #bast ,december7 and the moon first becomes visible2 and a thirty days' fast between sunrise and sunset commencing on the day when the new moon begins to shine1 the sun is in ,aquarius 7where it is from about the #bjth ,january71 and eight days of the month have passed1 which seems to imply that the fast cannot begin until eight days after the sun has entered ,aquarius and that consequently1 if the new moon #cac appears during that period1 the commencement of the fast has to be postponed till the following new moon4 ,the ,manichaeans also fasted for two days at every new moon2 and our chief authority on the subject1 ,en-,nedm1 states that they had seven fast-days in each month4 ,they fasted on ,sundays1 and some of them1 the electi or perfect ones1 on ,mondays also4#aeh ,we are told by ,leo the ,great that they observed these weekly fasts in honour of the sun and the moon2#aei 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 day4#afj ,there can be little doubt that the ,harranian and ,manichan fasts were originally due1 not to reverence1 but to fear of evil influences2 reverence can never be the primitive motive for a customary rite of fasting4 ,the thirty days' fast which the ,harranians observed in the month of ,adsr finds perhaps its explanation in the fact that1 according to ,babylonian beliefs1 the month ,adar was presided over by the seven evil spirits1 who knew neither compassion nor mercy1 who heard no prayer or supplication1 and to whose baneful influence the popular faith attributed the eclipse of the moon4#afa ,but it may also be worth noticing that the ,harranian fast took place about the vernal equinox--a time at which1 as we have seen1 the ,brahmins of ,india are wont to fast1 though only for a day or two4 ,footnote #aec3 ,chwolsohn1 ,die ,ssabier1 ii4 #bbf1 n4 #bdg4 ,footnote #aed3 ,en-,nedm1 ,fihrist1 7book ix4 ch4 i47 i4 #d2 v4 #h1 #aa sq4 7,chwolsohn1 op4 cit4 ii4 #f1 #g1 #cb1 #ce sq474 ,see also ,chwolsohn1 i4 #ecc sqq42 ii4 #ge sq4 ,footnote #aee3 ,chwolsohn1 op4 cit4 ii4 #ga sq4 ,cf4 ,ablfed1 #f 7ibid4 ii4 #ejj74 ,footnote #aef3 ,en-,nedm1 op4 cit4 v4 #aa 7,chwolsohn1 op4 cit4 ii4 #cf74 ,footnote #aeg3 ,kessler1 ',mani1 ,manicher1' in ,herzog-,hauck1 ,realencyclopdie f4 protestantische ,theologie1 xii4 #aih sq4 ,harnack1 ,history of ,dogma1 iii4 #ccj4 ,idem1 ',manichism1' in ,encyclopdia ,britannica1 xv4 #dhe4 ,footnote #aeh3 ,en-,nedm1 ,fihrist1 in ,flgel1 ,mani1 pp4 #ie1 #ig4 ,flgel1 p4 #caa sqq4 ,kessler1 loc4 cit4 p4 #bab sq4 ,footnote #aei3 ,leo the ,great1 ,sermo ,,xlii4 7al4 ,,xli47 #e 7,migne1 op4 cit4 liv4 #bgi74 ,footnote #afj3 ,flgel1 op4 cit4 p4 #cab sq4 ,footnote #afa3 ,jastrow1 ,religion of ,babylonia and ,assyria1 pp4 #bfc1 #bgf1 #dfc4 ,it is highly probable that the thirty days' fast of the ,harranians and ,manichans is the prototype of the ,muhammedan fast of ,ramad4n4 ,during the whole ninth month of the ,muhammedan year the complete abstinence from food1 drink and cohabitation from sunrise till sunset is enjoined upon every ,moslem1 with the exception of young children and idiots1 as also sick persons and travellers1 who are allowed to postpone the #cad fast to another time4#afb ,this fast is said to be a fourth part of ,faith1 the other cardinal duties of religious practice being prayer1 almsgiving1 and pilgrimage4 ,but1 as a matter of fact1 modern ,muhammedans regard the fast of ,ramad4n as of more importance than any other religious observance2#afc many of them neglect their prayers1 but anybody who should openly disregard the rule of fasting would be subject to a very severe punishment4#afd ,even the privilege granted to travellers and sick persons is not readily taken advantage of4 ,during their marches in the middle of summer nothing but the apprehension of death can induce the ,aeneze to interrupt the fast2#afe and when ,burton1 in the disguise of a ,muhammedan doctor1 was in ,cairo making preparations for his pilgrimage to ,mecca1 he found among all those who suffered severely from such total abstinence only one patient who would eat even to save his life4#aff ,there is no evidence that the fast of ,ramad4n was an ancient1 pre-,muhammedan custom4#afg ,on the other hand1 its similarity with the ,harranian and ,manichan fasts is so striking that we are almost compelled to regard them all as fundamentally the same institution2 and if this assumption is correct1 ,muhammed must have borrowed his fast from the ,harranians or ,manichans or both4 #cae ,indeed1 ,dr4 ,jacob has shown that in the year #fbc1 when this fast seems to have been instituted1 ,ramad4n exactly coincided with the ,harranian fast-month4#afh ,in its ,muhammedan form the fast extending over a whole month is looked upon as a means of expiation4 ,it is said that by the observance of it a person will be pardoned all his past venial sins1 and that only those who keep it will be allowed to enter through the gate of heaven called ,rayyn4#afi ,but this is only another instance of the common fact that customs often for an incalculable period survive the motives from which they sprang4 ,footnote #afb3 ,koran1 ii4 #ahj1 #aha1 #ahc4 ,footnote #afc3 ,cf4 ,lane1 ,modern ,egyptians1 p4 #ajf4 ,footnote #afd3 von ,kremer1 ,culturgeschichte des ,orients1 i4 #dfj4 ,footnote #afe3 ,burckhardt1 ,bedouins and ,wahbys1 p4 #eg4 ,footnote #aff3 ,burton1 ,pilgrimage to ,al-,madinah and ,meccah1 i4 #gd4 ,footnote #afg3 ,we can hardly regard as such the passage in the ,koran 7ii4 #agi7 where it is said1 ,o ye who believe6 ,there is prescribed for you the fast as it was prescribed for those before you2 haply ye may fear4 ,the traditionists say that ,muhammed was in the habit of spending the month of ,ramad4n every year in the cave at ,hir1 meditating and feeding all the poor who resorted to him1 and that he did so in accordance with a religious practice which the ,koreish used to perform in the days of their heathenism4 ,others add that 7,abd al-,mut4t4alib commenced the practice1 saying that it was the worship of ,god which that patriarch used to begin with the new moon of ,ramad4n1 and continue during the whole of the month 7,muir1 ,life of ,mahomet1 ii4 #ef1 n499 ,sell1 ,faith of ,islm1 p4 #caf74 ,but1 as ,muir remarks 7op4 cit4 ii4 #ef1 n49971 it is the tendency of the traditionists to foreshadow the customs and precepts of ,islam as if some of them had existed prior to ,muhammed1 and constituted part of the religion of ,abraham4 ,see ,jacob1 ',der muslimische ,fastenmonat ,ramad4n1' in ,,vi4 ,jahresbericht der ,geographischen ,gesellsch4 zu ,greifswald1 pt4 i4 #ahic-if1 p4 #b1 sqq4 ,footnote #afh3 ,jacob1 loc4 cit4 p4 #e4 ,footnote #afi3 ,sell1 op4 cit4 p4 #cag4 ,in various religions we meet with fasting as a form of penance1 as a means of appeasing an angry or indignant ,god1 as an expiation for sin4#agj ,the voluntary suffering involved in it is regarded as an expression of sorrow and repentance pleasing to ,god1 as a substitute for the punishment which ,he otherwise would inflict upon the sinner2 and at the same time it may be thought to excite ,his compassion1 an idea noticeable in many ,jewish fasts4#aga ,among the ,jews individuals fasted in cases of private distress or danger3 ,ahab1 for instance1 when ,elijah predicted his downfall1#agb ,ezra and his companions before their journey to ,palestine1#agc the pious ,israelite when his friends were sick4#agd ,moreover1 fasts were instituted for the whole community when it believed itself to be under divine displeasure1 when danger threatened1 when a great calamity befell the land1 when pestilence raged or drought set in1 or there was a reverse in war4#age ,four #caf regular fast-days were established in commemoration of various sad events that had befallen ,israel during the captivity2#agf and in the course of time many other fasts were added1 in memory of certain national troubles1 though they were not regarded as obligatory4#agg ,the law itself enjoined fasting for the great day of atonement only4 ,footnote #agj3 ,wasserschleben1 ,die ,bussordnungen der abendlndischen ,kirche1 passim 7,christianity74 ,koran1 ii4 #aib2 iv4 #id2 v4 #ia1 #if2 lviii4 #e4 ,jolly1 ',recht und ,sitte1' in ,bhler1 ,grundriss der indo-arischen ,philologie1 p4 #aag2 ,dubois1 ,description of the ,character1 c4 of the ,people of ,india1 p4 #afj 7,brahmanism74 ,clavigero1 ,history of ,mexico1 i4 #bhe4 ,on the occasion of any public calamity the ,mexican high-priest retired to a wood1 where he constructed a hut for himself1 and shut up in this hut he passed nine or ten months in constant prayer and frequent effusions of blood1 eating only raw maize and water 7,torquemada1 ,monarchia ,indiana1 ix4 #be1 vol4 ii4 #bab sq474 ,footnote #aga3 ,cf4 ,benzinger1 ',fasting1' in ,encyclopdia ,biblica1 ii4 #aejh2 ,schwally1 ,das ,leben nach dem ,tode nach den ,vorstellungen des alten ,israel1 p4 #bf4 ,footnote #agb3 #a ,kings1 xxi4 #bg4 ,footnote #agc3 ,ezra1 viii4 #ba4 ,footnote #agd3 ,psalms1 xxxv4 #ac4 ,footnote #age3 ,judges1 xx4 #bf4 #a ,samuel1 vii4 #f4 #b ,chronicles1 xx4 #c4 ,nehemiah1 ix4 #a4 ,jeremiah1 xxxvi4 #i4 ,joel1 i4 #ad2 ii4 #ab4 ,footnote #agf3 ,zechariah1 viii4 #ai4 ,footnote #agg3 ,greenstone1 in ,jewish ,encyclopedia1 v4 #cdg4 ,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 religions4 ,one reason is1 no doubt1 that fasting is a natural expression of contrition1 owing to the depressing effect which sorrow has upon the appetite4 ,another reason is that the idea of penitence1 as we have just observed1 may be a later interpretation put upon a fast which originally sprang from fear of contamination4 ,nay1 even when fasting is resorted to as a cure in the case of distress or danger1 as also when it is practised in commemoration of a calamity1 there may be a vague belief that the food is polluted and should therefore be avoided4 ,but in several cases fasting is distinctly a survival of an expiatory sacrifice4 ,the sacrifice of food offered to the deity was changed into the sacrifice involved in the abstinence from food on the part of the worshipper4 ,we find that among the ,jews the decay of sacrifice was accompanied by a greater frequency of fasts4 ,it was only in the period immediately before the exile that fasting began to acquire special importance2 and the popular estimation of it went on increasing during and after the exile1 partly at least from a feeling of the need of religious exercises to take the place of the suspended temple services4#agh ,like sacrifice1 fasting was a regular appendage to prayer1 as a means of giving special efficacy to the supplication2#agi fasting and praying became in fact a constant combination of words4#ahj ,and equally close is the #cag 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 it4#aha ,in the penitential regulations of ,brahmanism we repeatedly meet with the combination sacrifice1 fasting1 giving gifts2#ahb or also fasting and giving gifts1 without mention being made of sacrifice4#ahc ,among the ,jews each fast-day was virtually an occasion for almsgiving1#ahd in accordance with the rabbinic saying that the reward of the fast-day is in the amount of charity distributed2#ahe but fasting was sometimes declared to be even more meritorious than charity1 because the former affects the body and the latter the purse only4#ahf ,and from ,judaism this combination of fasting and almsgiving passed over into ,christianity and ,muhammedanism4 ,according to ,islam1 it is a religious duty to give alms after a fast2#ahg if a person through the infirmity of old age is not able to keep the fast1 he must feed a poor person2#ahh and the violation of an inconsiderate oath may be expiated either by once feeding or clothing ten poor men1 or liberating a ,muhammedan slave or captive1 or fasting three days4#ahi ,in the ,christian ,church fasting was not only looked upon as a necessary accompaniment of prayer1 but whatever a person saved by means of it was to be given to the poor4#aij ,st4 ,augustine says that man's righteousness in this life consists in fasting1 alms1 and prayer1 that alms and fasting are the two wings which enable his prayer to fly upward to ,god4#aia ,but fasting without almsgiving is not #cah so much as counted for fasting2#aib that which is gained by the fast at dinner ought not to be turned into a feast at supper1 but should be expended on the bellies of the poor4#aic ,and if a person was too weak to fast without injuring his health he was admonished to give the more plentiful alms4#aid ,tertullian expressly calls fastings sacrifices which are acceptable to ,god4#aie ,they assumed the character of reverence offerings1 they were said to be works of reverence towards ,god4#aif ,but fasting1 as well as temperance1 has also from early times been advocated by ,christian writers on the ground that it is the beginning of chastity1#aig whereas through love of eating love of impurity finds passage4#aih ,footnote #agh3 ,benzinger1 in ,encyclopdia ,biblica1 ii4 #aejh4 ,nowack1 ,lehrbuch der hebrischen ,archologie1 ii4 #bga4 ,footnote #agi3 ,lw1 ,gesammelte ,schriften1 i4 #ajh4 ,nowack1 op4 cit4 ii4 #bga4 ,benzinger1 in ,encyclopdia ,biblica1 ii4 #aejg4 ,footnote #ahj3 ,judith1 iv4 #i1 #aa4 ,tobit1 xii4 #h4 ,ecclesiasticus1 xxxiv4 #bf4 ,st4 ,luke1 ii4 #cg4 ,footnote #aha3 ,supra1 i4 #efe sqq4 ,footnote #ahb3 ,gautama1 xix4 #aa4 ,vasishtha1 xxii4 #h4 ,baudhyana1 iii4 #aj4 #i4 ,footnote #ahc3 ,vasishtha1 xx4 #dg4 ,footnote #ahd3 ,kohler1 ',alms1' in ,jewish ,encyclopedia1 i4 #dce4 ,lw1 op4 cit4 i4 #ajh4 ,cf4 ,tobit1 xii4 #h2 ,katz1 ,der wahre ,talmudjude1 p4 #dc4 ,footnote #ahe3 ,ibid4 fol4 #f b1 quoted by ,greenstone1 in ,jewish ,encyclopedia1 v4 #cdi4 ,footnote #ahf3 ,berakhoth1 fol4 #cb b1 quoted by ,hershon1 ,treasures of the ,talmud1 p4 #abd4 ,footnote #ahg3 ,sell1 op4 cit4 p4 #bea4 ,footnote #ahh3 ,ibid4 p4 #bha4 ,this opinion is based on a sentence in the ,koran 7ii4 #ahj7 which has caused a great deal of dispute4 ,it is said there that those who are fit to fast may redeem it by feeding a poor man4 ,but the expression those who are fit to fast has been understood to mean those who can do so only with great difficulty4 ,footnote #ahi3 ,koran1 v4 #ia4 ,lane1 ,modern ,egyptians1 p4 #cac sq4 ,see also ,koran1 ii4 #aib2 iv4 #id2 v4 #if2 lviii4 #e4 ,footnote #aij3 ,harnack1 ,history of ,dogma1 i4 #bje1 n4 #e4 ,lw1 op4 cit4 i4 #ajh4 ,footnote #aia3 ,st4 ,augustine1 ,enarratio in ,psalmum ,,xlii4 #h 7,migne1 ,patrologi cursus1 xxxvi4 #dhb74 ,footnote #aib3 ,st4 ,chrysostom1 ,in ,matthum ,homil4 ,,lxxvii4 7al4 ,,lxxviii47 #f 7,migne1 op4 cit4 ,ser4 ,graeca1 lviii4 #gaj74 ,st4 ,augustine1 ,sermones supposititii1 cxlii4 #b1 #f 7,migne1 xxxix4 #bjbc sq474 ,footnote #aic3 ,st4 ,augustine1 ,sermones supposititii1 cxli4 #d 7,migne1 op4 cit4 xxxix4 #bjba74 ,see also ,canons enacted under ,king ,edgar1 ',of ,powerful ,men1' #c 7,ancient ,laws of ,england1 p4 #dae72 ,ecclesiastical ,institutes1 #ch 7ibid4 p4 #dhf74 ,footnote #aid3 ,st4 ,chrysostom1 ,in ,cap4 ,i4 ,genes4 ,homil4 ,x4 #b 7,migne1 op4 cit4 ,ser4 ,graeca1 liii4 #hc74 ,st4 ,augustine1 ,sermones supposititii1 cxlii4 #a 7,migne1 xxxix4 #bjbb sq474 ,footnote #aie3 ,tertullian1 ,de resurrectione carnis1 #h 7,migne1 op4 cit4 ii4 #hjf74 ,footnote #aif3 ,hooker1 ,ecclesiastical ,polity1 v4 #gb1 vol4 ii4 #ccd4 ,footnote #aig3 ,st4 ,chrysostom1 ,in ,epist4 ,,ii4 ad ,thessal4 ,cap4 ,i4 ,homil4 ,i4 #b 7,migne1 op4 cit4 ,ser4 ,gr4 lxii4 #dgj74 ,footnote #aih3 ,tertullian1 ,de jejuniis1 #a 7,migne1 op4 cit4 ii4 #iec74 ,see also ,manzoni1 ,osservazioni sulla morale cattolica1 p4 #age4 ,,chapter ,,xxxviii ,,restrictions ,,in ,,diet 7concluded7 ,,besides the occasional abstinence from certain victuals1 which was noticed in the last chapter1 there are restrictions in diet of a more durable character4 ,thus among the ,australian aborigines the younger members of a tribe are1 as it seems universally1 subject to a variety of such restrictions1 from which they are only gradually released as they grow older4#a ,in the ,wotjobaluk tribe in ,south-,eastern ,australia1 for instance1 boys are forbidden to eat of the kangaroo and the padi-melon1 being told that if they transgress these rules they will fall sick1 break out all over with eruptions1 and perhaps die4 ,if a man under forty eats the tail part of the emu or bustard1 he will turn grey1 and if he eats the freshwater turtle he will be killed by lightning4 ,if young men or women of the ,wakelbura tribe eat emu1 black-headed snake1 or porcupine1 they will become sick and probably die1 uttering the sounds peculiar to the creature in question1 the spirit of which is believed to have entered into their bodies4#b ,in the ,warramunga tribe in ,central ,australia a man is usually well in the middle age before he #cbj is allowed to eat wild turkey1 rabbit-bandicoot1 and emu4#c ,according to certain writers1 the object of these restrictions is to reserve the best things for the use of the elders1 and1 more especially1 of the older men2#d but1 on the other hand1 it has been remarked that1 in looking over the list of animals prohibited1 one fails to see any good reasons for the selection1 unless they may be assumed to have chiefly sprung from superstitious beliefs4#e ,among the ,land ,dyaks the young men and warriors are debarred from venison for fear it should render them as timid as the hind4#f ,the ,moors believe that if a young person before the age of puberty eats wolf's flesh he will have troubles afterwards4 ,footnote #a3 ,curr1 ,the ,australian ,race1 i4 #ha4 ,fraser1 ,aborigines of ,new ,south ,wales1 p4 #ec4 ,howitt1 ,native ,tribes of ,south-,east ,australia1 p4 #gfi sq4 ,brough ,smyth1 ,aborigines of ,victoria1 i4 p4 xxxv4 ,taplin1 ',narrinyeri1' in ,woods1 ,native ,tribes of ,south ,australia1 p4 #acg4 ,jung1 ',die ,mndungsgegend des ,murray und ihre ,bewohner1' in ,mittheil4 d4 ,vereins f4 ,erdkunde zu ,halle1 #ahgg1 p4 #cb4 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #dgj sqq4 ,iidem1 ,northern ,tribes of ,central ,australia1 p4 #faa sq4 ,eyre1 ,expeditions of ,discovery into ,central ,australia1 ii4 #bic4 ,footnote #b3 ,howitt1 op4 cit4 p4 #gfi4 ,footnote #c3 ,spencer and ,gillen1 ,northern ,tribes of ,central ,australia1 p4 #fab4 ,footnote #d3 ,iidem1 ,native ,tribes of ,central ,australia1 p4 #dgj sq4 ,iidem1 ,northern ,tribes of ,central ,australia1 p4 #fac4 ,jung1 in ,mittheil4 d4 ,vereins f4 ,erdkunde zu ,halle1 #ahgg1 p4 #cb4 ,footnote #e3 ,brough ,smyth1 op4 cit4 i4 #bcd4 ,footnote #f3 ,st4 ,john1 ,life in the ,forests of the ,far ,east1 i4 #ahf4 ,there are1 further1 numerous instances of certain kinds of food being permanently forbidden to certain individuals4 ,in ,unyamwezi1 south of ,victoria ,nyanza1 women are not permitted to eat fowl1 a food which is reserved for the men4#g ,among the ,mandingoes of ,teesee no woman is allowed to eat an egg1 and this prohibition is so rigidly adhered to that nothing will more affront a woman of ,teesee than to offer her an egg2 the men1 on the other hand1 eat eggs without scruple1 even in the presence of their wives4#h ,among the ,bayaka1 a ,bantu people in the ,congo ,free ,state1 both fowls and eggs are forbidden to women2 if a woman eats an egg she is supposed to become mad1 tear off her clothes and run away into the bush4#i ,the ,bahima of ,enkole1 in the ,uganda ,protectorate1 allow men to eat beef and the meat of certain antelopes and of buffalo1 whereas women are generally allowed to eat beef only4#aj ,the people of ,darfur1 in ,central ,africa1 prohibit their women from eating an animal's liver1 because they think #cba that a person may increase his soul by partaking of it1 and women are believed to have no souls4#aa ,the ,miris of ,northern ,india prize tiger's flesh as food for men1 but consider it unsuitable for women1 as it would make them too strong-minded4#ab ,in the ,australian tribes some articles of food are entirely interdicted to females4#ac ,the natives inhabiting the neighbourhood of ,cape ,york forbid women to eat various kinds of fish1 including some of the best1 on the pretence of causing disease in women1 although not injurious to the men4#ad ,in the ,sandwich ,islands1 again1 women were not allowed to eat hog's flesh1 turtle1 and certain kinds of fruit1 as cocoa and banana4#ae ,many of these prohibitions have been represented as signs of the low condition of the female sex2 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 men4 ,for sometimes the latter also are subject to very similar restrictions4 ,among the ,bahuana1 in the ,congo ,free ,state1 women are forbidden to eat owls or other birds of prey1 but are permitted to eat frogs1 from which men are obliged to abstain under penalty of becoming ill4#af ,with reference to the natives of ,new ,britain1 ,mr4 ,powell states that1 whilst in one place the women are prohibited from eating pigs or tortoises1 the men are1 in another place1 prohibited from eating anything but human flesh1 fowls1 or fish4#ag ,in the ,caroline ,islands the men are forbidden to eat a common blackbird1 ,lamprothornis--which is a favourite food of the women--because it is believed that anyone who did so1 and afterwards climbed a cocoa-tree1 would fall down and perish4#ah ,in some ,dyak tribes on the ,western branch #cbb of the river of ,sarawak1 goats1 fowls1 and the fine kind of fern 7paku71 which forms an excellent vegetable1 are forbidden food to the men1 though the women and boys are allowed to partake of them4#ai ,footnote #g3 ,reichard1 ',die ,wanjamuesi1' in ,zeitschr4 d4 ,gesellsch4 f4 ,erdkunde zu ,berlin1 xxiv4 #cba4 ,footnote #h3 ,park1 ,travels in the ,interior of ,africa1 i4 #aad4 ,footnote #i3 ,torday and ,joyce1 ',ethnography of the ,ba-,yaka1' in ,jour4 ,anthr4 ,inst4 xxxvi4 #da1 #db1 #ea4 ,footnote #aj3 ,roscoe1 ',bahima1' in ,jour4 ,anthr4 ,inst4 xxxvii4 #aja4 ,footnote #aa3 ,felkin1 ',notes on the ,for ,tribe1' in ,proceed4 ,roy4 ,soc4 ,edinburgh1 xiii4 #bah4 ,footnote #ab3 ,dalton1 ,ethnology of ,bengal1 p4 #cc4 ,footnote #ac3 ,curr1 ,the ,australian ,race1 i4 #ha4 ,brough ,smyth1 op4 cit4 i4 xxxv4 ,footnote #ad3 ,macgillivray1 ,voyage of ,rattlesnake1 ii4 #aj4 ,footnote #ae3 von ,kotzebue1 ,voyage of ,discovery into the ,south ,sea1 iii4 #bdi1 note4 ,cook1 quoted by ,buckle1 ,miscellaneous and ,posthumous ,works1 iii4 #cee4 ,footnote #af3 ,torday and ,joyce1 ',ethnography of the ,ba-,huana1' in ,jour4 ,anthr4 ,inst4 xxxvi4 #bgi4 ,footnote #ag3 ,powell1 ,wanderings in a ,wild ,country1 p4 #agc4 ,footnote #ah3 von ,kittlitz1 ,reise nach dem russischen ,amerika1 c4 ii4 #ajc sq4 ,footnote #ai3 ,low1 ,sarawak1 p4 #bff4 ,among various peoples certain foods are forbidden to priests or magicians4 ,the priests of the ancient ,egyptians were not allowed to eat fish1#bj nor to meddle with the esculent or potable substances which were produced out of ,egypt2#ba and1 according to ,plutarch1 they so greatly disliked the nature of excrementitious things that they not only rejected most kinds of pulse1 but also the flesh of sheep and swine1 because it produced much superfluity of nutriment4#bb ,the lamas of ,mongolia will touch no meat of goats1 horses1 or camels4#bc ,among the ,semang of the ,malay ,peninsula the medicine-men will not eat goat or buffalo flesh and but rarely that of fowl4#bd ,the dairymen of the ,todas may drink milk from certain buffaloes only1 and are altogether forbidden to eat chillies4#be ,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 precautions4#bf ,schomburgk states that the conjurers of the ,british ,guiana ,indians partake but seldom of the native hog1 because they consider the eating of it injurious to the efficacy of their skill4#bg ,and the ,uld ,bu 7,azz in ,morocco believe that if a scribe or a saint eats wolf's flesh the charms he writes will have no effect1 and the saliva of the saint will lose its curative power4 ,footnote #bj3 ,herodotus1 ii4 #cg4 ,plutarch1 ,de ,iside et ,osiride1 #g4 ,porphyry1 ,de abstinentia ab esu animalium1 iv4 #g4 ,footnote #ba3 ,porphyry1 op4 cit4 iv4 #g4 ,footnote #bb3 ,plutarch1 ,de ,iside et ,osiride1 #e4 ,footnote #bc3 ,prejevalsky1 ,mongolia1 i4 #ef4 ,footnote #bd3 ,skeat and ,blagden1 ,pagan ,races of the ,malay ,peninsula1 ii4 #bbf4 ,footnote #be3 ,rivers1 ,todas1 p4 #ajb sq4 ,for some other instances see ,landtman1 ,origin of ,priesthood1 p4 #afa sq4 ,footnote #bf3 ,cf4 ,frazer1 ,golden ,bough1 i4 #cia4 ,footnote #bg3 ,schomburgk1 ',expedition to the ,upper ,corentyne1' in ,jour4 ,roy4 ,geograph4 ,soc4 ,london1 xv4 #cj4 ,there are still other cases in which certain persons are permanently required to abstain from certain kinds of food4 ,thus in the ,andaman ,islands every man and woman is prohibited all through life from eating some #cbc one 7or more7 fish or animal3 in most cases the forbidden dainty is one which in childhood was observed 7or imagined7 by the mother to occasion some functional derangement2 when of an age to understand it the circumstance is explained1 and cause and effect being clearly demonstrated1 the individual1 in question thence forth considers that particular meat his yt-tub1 and avoids it carefully4 ,in cases where no evil consequences have resulted from partaking of any kind of food1 the fortunate person is privileged to select his own yt-tub1 and is1 of course1 shrewd enough to decide upon some fish1 such as shark or skate1 which is little relished1 and to abstain from which consequently entails no exercise of self-denial4 ,it is believed that the god ,puluga would punish severely any person who might be guilty of eating his yt-tub1 either by causing his skin to peel off1 or by turning his hair white1 and flaying him alive4#bh ,in ,samoa each man had generally his god in the shape of some species of animal2 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 death4#bi ,the members of a totem clan are usually forbidden to eat the particular animal or plant whose name they bear4#cj ,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 bodies2 and men whose totem is the red corn think that if they ate red corn they would have running sores all round their mouths4#ca ,yet1 however general1 prohibitions of this kind cannot be said to be a universal characteristic of totemism4#cb ,sir ,j4 ,g4 ,frazer even suggests that the original custom was perhaps to eat the totem and the #cbd latter custom to abstain from it4#cc ,but this is hardly more than a guess4 ,footnote #bh3 ,man1 ',aboriginal ,inhabitants of the ,andaman ,islands4' in ,jour4 ,anthr4 ,inst4 xii4 #ced4 ,footnote #bi3 ,turner1 ,samoa1 p4 #ag sq4 ,footnote #cj3 ,frazer1 ,totemism1 p4 #g sqq4 ,idem1 ,totemism and ,exogamy1 iv4 #f4 ,footnote #ca3 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #bbe1 #bca4 ,idem1 ',siouan ,folk-,lore1' in ,american ,antiquarian1 vii4 #ajg4 ,footnote #cb3 ,frazer1 ,totemism1 p4 #ai4 ,idem1 ,totemism and ,exogamy1 iv4 #f4 sq4 ,footnote #cc3 ,frazer1 ,totemism and ,exogamy1 iv4 #f sq4 ,there are1 finally1 restrictions in eating which refer to the whole people or tribe4 ,in early society certain things which might serve as food are often not only universally abstained from1 but actually prohibited by custom or law4 ,the majority of these prohibitions have reference to animals or animal products1 which are naturally more apt to cause disgust than is vegetable food--probably because our ancestors in early days1 by instinct1 subsisted chiefly on a vegetable diet1 and only subsequently acquired a more general taste for animal nourishment4#cd ,certain animals excite a feeling of disgust by their very appearance1 and are therefore abstained from4 ,this ,i take to be a reason for the aversion to eating reptiles4 ,it is said that snakes are avoided as food because their flesh is supposed to be as poisonous as their bite2#ce but this explanation is hardly relevant to harmless reptiles1 which are likewise in some cases forbidden food4#cf ,the abstinence from fish seems generally to have a similar origin1 though some peoples say that they refuse to eat certain species because the soul of a relative might be in the fish4#cg ,the ,navahoes of ,new ,mexico must never touch fish1 and nothing will induce them to taste one4#ch ,the ,mongols consider them unclean animals4#ci ,the ,south ,siberian ,kachinzes are said to refrain from them because they believe that the evil principle lives in the water and eats fish4#dj ,the ,kfirs on the ,north-,western frontier of ,india detest fish1 though their rivers abound in them4#da ,the same aversion is common in the ,south #cbe ,african tribes#db and among most ,hamitic peoples of ,east ,africa2#dc when asked for an explanation of it1 they say that fish are akin to snakes4 ,fish1 or at least certain species of fish1 were forbidden to the ancient ,syrians2#dd and the ,hebrews were prohibited from eating all fish that have not fins and scales4#de ,it is curious to note that various peoples who detest fish also abstain from fowl4#df ,the ,navahoes are strictly forbidden to eat the wild turkey with which their forests abound2#dg and the ,mongols dislike of fowl is so great that one of ,prejevalsky's guides nearly turned sick on seeing him eat boiled duck4#dh ,some peoples have a great aversion to eggs1#di which are said to be excrements1 and therefore unfit for food4#ej ,there may be a similar reason for the abstinence from milk among peoples who have domesticated animals able to supply them with it4#ea ,the ,dravidian aborigines of the hills of #cbf ,central ,india1 who never use milk1 are expressly said to regard it as an excrement4#eb ,the ancient ,caribs had a horror of eggs and never drank milk4#ec ,the ,ashantees are forbidden eggs by the fetish1 and cannot be persuaded to taste milk4#ed ,the ,kimbunda in ,south-,western ,africa detest milk1 and consider it inconceivable how a grown-up person can enjoy it2 they believe that the ,kilulu1 or spirit1 would punish him who partook of it4#ee ,the ,dyaks of ,borneo1 the ,javanese1 and the ,malays abstain from milk4#ef ,to the ,chinese milk and butter are insupportably odious4#eg ,footnote #cd3 ,cf4 ,schurtz1 ,die ,speiseverbote1 p4 #ag4 ,footnote #ce3 ,skeat and ,blagden1 ,pagan ,races of the ,malay ,peninsula1 i4 #acj 7,berembun74 ,schurtz1 op4 cit4 p4 #bb4 ,footnote #cf3 ,leviticus1 xi4 #bi sq4 ,sayce1 ,hibbert ,lectures on the ,religion of the ,ancient ,babylonians1 p4 #hc4 ,footnote #cg3 ,frazer1 ,golden ,bough1 ii4 #dcj1 #dcb4 ,footnote #ch3 ,stephen1 ',navajo1' in ,american ,anthropologist1 vi4 #ceg4 ,footnote #ci3 ,prejevalsky1 op4 cit4 i4 #ef4 ,footnote #dj3 von ,strmpell1 ',der ,volksstamm der ,katschinzen1' in ,mittheil4 d4 ,vereins f4 ,erdkunde zu ,leipzig1 #ahge1 p4 #bc4 ,footnote #da3 ,fosberry1 ',some of the ,mountain ,tribes of the ,n4,w4 ,frontier of ,india1' in ,jour4 ,ethn4 ,soc4 ,london1 ,n4,s4 i4 #aib4 ,footnote #db3 ,fritsch1 ,drei ,jahre in ,sd-,afrika1 p4 #cch4 ,shooter1 ,kafirs of ,natal and the ,zulu ,country1 p4 #bae 7,zulus74 ,kropf1 ,das ,volk der ,xosa-,kaffern1 p4 #ajb4 ,campbell1 ,second ,journey in the ,interior of ,south ,africa1 ii4 #bjc 7,bechuanas74 ,the ,hottentots1 however1 eat fish 7,fritsch1 p4 #cci74 ,footnote #dc3 ,hildebrandt1 ',wakamba und ihre ,nachbarn1' in ,zeitschr4 f4 ,ethnol4 x4 #cgh4 ,paulitschke1 ,ethnographie ,nordost-,afrikas1 i4 #aee 7,somals1 ,gallas74 ,schurtz1 op4 cit4 p4 #bc4 ,footnote #dd3 ,porphyry1 op4 cit4 iv4 #ae4 ,plutarch1 ,de superstitione1 #aj4 ,footnote #de3 ,leviticus1 xi4 #aj sqq4 ,footnote #df3 ,hildebrandt1 in ,zeitschr4 f4 ,ethnol4 x4 #cgh 7,gallas1 ,wadshagga1 ,waikuyu1 c474 ,paulitschke1 op4 cit4 i4 #aec sqq4 7,gallas1 ,somals74 ,burton1 ,two ,trips to ,gorilla ,land1 i4 #ie 7,somals74 ,meldon1 ',bahima of ,ankole1' in ,jour4 ,african ,soc4 vi4 #adf2 ,ashe1 ,two ,kings of ,uganda1 p4 #cjc 7,bahima74 ,kropf1 ,das ,volk der ,xosa-,kaffern1 p4 #ajb4 ,among the ,zulus domestic fowls are eaten by none except young persons and old 7,shooter1 op4 cit4 p4 #bae74 ,for other peoples who abstain from fowl1 see ,bastian1 ,die deutsche ,expedition an der ,loango-,kste1 i4 #ahe2 ,casati1 ,ten ,years in ,equatoria1 i4 #afe 7,monbuttu72 ,salt1 ,voyage to ,abyssinia1 p4 #agi 7,danakil72 ,skeat and ,blagden1 ,pagan ,races of the ,malay ,peninsula1 i4 #ace 7,sabimba71 #acf 7,orang ,muka ,kuning72 ,globus1 l4 #ccj 7inhabitants of ,hainan72 ,ehrenreich1 quoted by ,schurtz1 op4 cit4 p4 #bj 7,karaya of ,goyaz72 von den ,steinen1 ,durch ,central-,brasilien1 p4 #bfb 7,yuruna72 ,csar1 ,de bello ,gallico1 v4 #ab 7ancient ,britons74 ,footnote #dg3 ,stephen1 in ,american ,anthropologist1 vi4 #ceg4 ,footnote #dh3 ,prejevalsky1 op4 cit4 i4 #ef4 ,footnote #di3 ,the ,kafirs formerly abstained from eggs 7,kropf1 op4 cit4 p4 #ajb74 ,among the ,zulus eggs are eaten by young and old persons only 7,shooter1 op4 cit4 p4 #bae74 ,the ,bahima refuse this kind of food 7,ashe1 op4 cit4 p4 #cjc71 and so do generally the ,waganda1 especially the women 7,felkin1 ',notes on the ,waganda ,tribe1' in ,proceed4 ,roy4 ,soc4 ,edinburgh1 xiii4 #gaf2 ,ashe1 p4 #cjc74 ,see also ,andree1 ,ethnographische ,parallelen1 p4 #abf sq42 ,schurtz1 op4 cit4 p4 #bc sq4 ,footnote #ej3 ,reichard1 ',die ,wanjamuesi1' in ,zeitschr4 d4 ,gesellsch4 f4 ,erdkunde zu ,berlin1 xxiv4 #cba4 ,hildebrandt1 ',wakamba und ihre ,nachbarn1' in ,zeitschr4 f4 ,ethnol4 x4 #cgh4 ,footnote #ea3 ,see ,westermarck1 ,history of ,human ,marriage1 p4 #dhd4 ,footnote #eb3 ,crooke1 ,things ,indian1 p4 #ib4 ,footnote #ec3 ,du ,tertre1 ,histoire gnrale des ,antilles1 ii4 #chi4 ,footnote #ed3 ,bowdich1 ,mission to ,ashantee1 p4 #cai4 ,footnote #ee3 ,magyar1 ,reisen in ,sd-,afrika1 i4 #cjc1 #cba4 ,footnote #ef3 ,low1 op4 cit4 p4 #bfg4 ,footnote #eg3 ,huc1 ,travels in ,tartary1 i4 #bha4 ,westermarck1 op4 cit4 p4 #dhd4 ,the meat of certain animals may also be regarded with disgust on account of their filthy habits or the nasty food on which they live4 ,in the ,warramunga tribe1 in ,central ,australia1 there is a general restriction applying to eagle-hawks1 and the reason assigned for it is that this bird feeds on the bodies of dead natives4#eh ,it seems that the abstinence from swine's flesh1 at least in part1 belongs to the same group of facts4 ,various tribes in ,south ,africa hold it in abomination4#ei ,in some districts of ,madagascar1 according to ,drury1 the eating of pork was accounted a very contemptible thing4#fj ,it is1 or was1 abstained from by the ,jakuts of ,siberia1 the ,votyaks of the ,government of ,vologda1#fa and the ,lapps4#fb ,the disgust for pork has likewise been met with in many ,american tribes4 ,the ,koniagas will eat almost any digestible substance except pork4#fc ,the ,navahoes of ,new ,mexico abominate it as if they were the devoutest of ,hebrews2#fd it is not forbidden by their religion1 but they say they will not eat the flesh of the hog simply because the animal is filthy in #cbg its habits1 because it is the scavenger of the town4#fe ,in his description of the ,indians of the ,south-,eastern ,states ,adair writes3--,they reckon all those animals to be unclean that are either carnivorous1 or live on nasty food1 as hogs1 wolves1 panthers1 foxes1 cats1 mice1 rats4 4 4 4 ,when swine were first brought among them1 they deemed it such a horrid abomination in any of their people to eat that filthy and impure food1 that they excluded the criminal from all religious communion in their circular town-house4 4 4 4 ,they still affix vicious and contemptible ideas to the eating of swine's flesh2 insomuch that ,shkpa1 'swine eater1' is the most opprobrious epithet that they can use to brand us with2 they commonly subjoin ,akang-gpa1 'eater of dunghill fowls4' ,both together signify 'filthy1 helpless animals4'#ff ,so also those ,indians in ,british ,guiana who have kept aloof from intercourse with the colonists reject pork with the greatest loathing4 ,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 cook1 for fear lest pork should have been used in their preparation4 ,but this objection does not extend to the native hog1 which1 though generally abstained from by wizards1 is eaten by the laity indiscriminately1 with the exception of women who are pregnant or who have just given birth to a child4#fg ,this suggests that the aversion to the domestic pig partly springs from the fact that it is a foreign animal4 ,indeed1 the ,guiana ,indians refuse to eat the flesh of all animals that are not indigenous to their country1 but were introduced from abroad1 such as oxen1 sheep1 and fowls1 apparently on the principle that any strange and abnormal object is especially likely to be possessed of a harmful spirit4#fh ,the ,kafirs1 also1 abstain #cbh from the domestic swine1 though they eat the wild hog4#fi ,some writers maintain that pork has been prohibited on the ground that it is prejudicial to health in hot countries2#gj but1 as we have seen1 this prohibition is found among various northern peoples as well1 and it seems besides that the unwholesomeness of pork in good condition has been rather assumed than proved4 ,sir ,j4 ,g4 ,frazer1 again1 believes that the ancient ,egyptians1 ,semites1 and some of the ,greeks abstained from this food not because the pig was looked upon simply as a filthy and disgusting creature1 but because it was considered to be endowed with high supernatural powers4#ga ,in ,greece the pig was used in purificatory ceremonies4#gb ,lucian says that the worshippers of the ,syrian goddess abstained from eating pigs1 some because they held them in abomination1 others because they thought them holy4#gc ,the heathen ,harranians sacrificed the swine and ate swine's flesh once a year4#gd ,according to ,greek writers1 the ,egyptians abhorred the pig as a foul and loathsome animal1 and to drink its milk was believed to cause leprosy and itchy eruptions2#ge but once a year they sacrificed pigs to the moon and to ,osiris and ate of the flesh of the victims1 though at any other time they would not so much as taste pork4#gf ,footnote #eh3 ,spencer and ,gillen1 ,northern ,tribes of ,central ,australia1 p4 #fab4 ,footnote #ei3 ,fritsch1 ,drei ,jahre in ,sd-,afrika1 p4 #cci4 ,kropf1 op4 cit4 p4 #ajb 7,kafirs74 ,footnote #fj3 ,drury1 ,madagascar1 p4 #adc4 ,footnote #fa3 ,latham1 ,descriptive ,ethnology1 i4 #cfc4 ,footnote #fb3 ,leem1 ,beskrivelse over ,finmarkens ,lapper1 p4 #eja4 ,footnote #fc3 ,bancroft1 ,native ,races of the ,pacific ,states1 i4 #ge4 ,footnote #fd3 ,stephen1 in ,american ,anthropologist1 vi4 #ceg4 ,footnote #fe3 ,matthews1 ',study of ,ethics among the ,lower ,races1' in ,jour4 ,american ,folk-,lore1 xii4 #e4 ,footnote #ff3 ,adair1 ,history of the ,american ,indians1 p4 #acb sqq4 ,footnote #fg3 ,schomburgk1 in ,jour4 ,roy4 ,geograph4 ,soc4 ,london1 xv4 #bi sq4 ,footnote #fh3 ,im ,thurn1 ,indians of ,guiana1 p4 #cfh4 ,dr4 ,schurtz suggests 7op4 cit4 p4 #ai sqq47 that some other peoples1 as the ,indians of ,brazil1 abstain from fowls because they are not indigenous to their country4 ,footnote #fi3 ,mller1 ,allgemeine ,ethnographie1 p4 #ahi4 ,footnote #gj3 ,ramsay1 ,historical ,geography of ,asia ,minor1 p4 #cb4 ,wiener1 ',die alttestamentarischen ,speiseverbote1' in ,zeitschr4 f4 ,ethnol4 viii4 #ajc4 ,see also ,buckle1 ,miscellaneous and ,posthumous ,works1 iii4 #ced sq4 ,footnote #ga3 ,frazer1 ,golden ,bough1 ii4 #cjd sqq4 ,idem1 ,pausanias's ,description of ,greece1 iv4 #acg sq4 ,footnote #gb3 ,ramsay1 op4 cit4 p4 #ca sq4 ,frazer1 ,pausanias's ,description of ,greece1 iii4 #bgg1 #eic4 ,footnote #gc3 ,lucian1 ,de dea ,syria1 #ed4 ,footnote #gd3 ,robertson ,smith1 ,religion of the ,semites1 p4 #bij4 ,cf4 ,isaiah1 lxv4 #d1 and lxvi4 #c1 #ag1 where this sacrifice is alluded to as a heathen abomination4 ,footnote #ge3 ,herodotus1 ii4 #dg4 ,plutarch1 ,de ,iside et ,osiride1 #h4 ,aelian1 ,de natura animalium1 x4 #af4 ,footnote #gf3 ,herodotus1 ii4 #dg4 ,plutarch1 ,de ,iside et ,osiride1 #h4 ,of the abhorrence of cannibalism ,i shall speak in a separate chapter1 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#gg or on account of their resemblance to men4 ,various peoples refrain from #cbi monkey's flesh2#gh and ,european travellers mention their own instinctive repugnance to it and their aversion to shooting monkeys4#gi ,the ,indians of ,lower ,california will eat any animal1 except men and monkeys1 the latter because they so much resemble the former4#hj ,according to an ancient writer quoted by ,porphyry1 the ,egyptian priests rejected those animals which verged to a similitude to the human form4#ha ,the ,kafirs say that elephants are forbidden food because their intelligence resembles that of men4#hb ,footnote #gg3 ,frazer1 ,golden ,bough1 ii4 #dcj sqq4 ,st4 ,john1 op4 cit4 i4 #ahf 7,land ,dyaks74 ,footnote #gh3 ,shooter1 op4 cit4 p4 #bae 7,zulus74 ,schurtz1 op4 cit4 p4 #bh 7,abyssinians74 ,skeat and ,blagden1 op4 cit4 i4 #acd 7,orang ,sletar74 ,in the ,institutes of ,vishnu 7li4 #c7 the eating of apes is particularly stigmatised4 ,footnote #gi3 ,schurtz1 op4 cit4 p4 #bh4 ,infra1 on ,regard for the ,lower ,animals4 ,footnote #hj3 ,bancroft1 op4 cit4 i4 #efj4 ,footnote #ha3 ,porphyry1 op4 cit4 iv4 #g4 ,footnote #hb3 ,mller1 ,ethnographie1 p4 #ahi4 ,moreover1 intimacy with an animal easily takes away the appetite for its flesh4 ,among ourselves1 as ,mandeville observes1 some people are not to be persuaded to taste of any creatures they have daily seen and been acquainted with1 whilst they were alive2 others extend their scruple no further than to their own poultry1 and refuse to eat what they fed and took care of themselves2 yet all of them will feed heartily and without remorse on beef1 mutton1 and fowls1 when they are bought in the market4#hc ,among other races we meet with feelings no less refined4 ,mencius1 the ,chinese moralist1 said3--,so is the superior man affected towards animals1 that1 having seen them alive1 he cannot bear to see them die2 having heard their dying cries1 he cannot bear to eat their flesh4 ,therefore he keeps away from his slaughter house and cook-room4#hd ,the abstinence from domestic fowls and their eggs1 as also from the tame pig1 may occasionally have sprung from sympathy4 ,dr4 von den ,steinen states that the ,brazilian ,yuruna cannot be induced to eat any animal which they have bred themselves1 and that they apparently considered it very immoral when he and his party ate hen-eggs4#he ,in the #ccj sacred books of ,india it is represented as a particularly bad action to eat certain domestic animals1 including village pigs and tame cocks2 a twice-born man who does so knowingly will become an outcast4#hf ,among the ,bechuanas in ,south ,africa dogs and tame cats are not eaten1 though wild cats are4#hg ,the ,arabs of ,dukkla in ,morocco eat their neighbours' cats but not their own4 ,among the ,dinka only such cows as die naturally or by an accident are used for food2 but a dead cow is never eaten by the bereaved owner himself1 who is too much afflicted at the loss to be able to touch a morsel of the carcase of his departed beast4#hh ,herodotus says that the ,libyans would not taste the flesh of the cow1 though they ate oxen2#hi and the same rule prevailed among the ,egyptians and ,phoenicians1 who would sooner have partaken of human flesh than of the meat of a cow4#ij ,the eating of cow's flesh is prohibited by the law of ,brahmanism4#ia ,according to ,dr4 ,rjendralla ,mitra1 the idea of beef as an article of food is so shocking to the ,hindus1 that thousands over thousands of the more orthodox among them never repeat the counterpart of the word in their vernaculars1 and many and dire have been the sanguinary conflicts which the shedding of the blood of cows has caused4#ib ,in ,china the slaughter of buffaloes for food is unlawful1 according to the assertions of the people1 and the abstaining from the eating of beef is regarded as very meritorious4#ic ,it is said in the ',divine ,panorama' that he who partakes of beef or dog's flesh will be punished by the deity4#id ,in ,japan neither cattle nor sheep were in former days killed for food2#ie and in the rural districts many people still think it wrong to eat beef4#if ,in ,rome the slaughter of #cca a labouring ox was in olden days punished with excommunication2#ig and at ,athens and in ,peloponnesus it was prohibited even on penalty of death4#ih ,indeed1 the ancient idea has survived up to modern times in ,greece1 where it has been held as a maxim that the animal which tills the ground ought not to be used for food4#ii ,these prohibitions are no doubt to some extent expressions of kindly feelings towards the animals to which they refer4#ajj ,a ,dinka is said to be fonder of his cattle than of his wife and children2#aja and according to classical writers1 the ploughing ox is not allowed to be slaughtered because he is himself an agriculturist1 the servant of ,ceres1 and a companion to the labourer in his work4#ajb ,but at the same time the restrictions in question are very largely due to prudential motives4 ,peoples who live chiefly on the products of their cattle show a strong disinclination to reduce their herds1 especially by killing cows or calves2#ajc and agricultural races are naturally anxious to preserve the animal which is used for work on the field4 ,with reference to the ,egyptian and ,phoenician custom of eating bulls but abstaining from cows1 ,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 impious1 cows being spared on account of their progeny4#ajd ,until quite recently in ,egypt no one was allowed to kill a calf1 and permission from the government was required for the slaughter of a bull4#aje ,moreover1 domestic animals are frequently regarded as sacred in consequence of their utility1 and for that reason also abstained from4 ,the ,dinka pay a #ccb kind of reverence to their cattle4#ajf ,in ,egypt1 according to ,herodotus1 the cow was sacred to ,isis4#ajg ,in ,india she has been the object of a special worship4#ajh ,footnote #hc3 ,mandeville1 ,fable of the ,bees1 p4 #ahh4 ,footnote #hd3 ,mencius1 i4 #a4 #g4 #h4 ,footnote #he3 von den ,steinen1 ,durch ,central-,brasilien1 p4 #bfb4 ,see also ,juan and ,ulloa1 ,voyage to ,south ,america1 i4 #dbf 7,indians of ,quito74 ,footnote #hf3 ,institutes of ,vishnu1 li4 #c4 ,laws of ,manu1 v4 #ai4 ,footnote #hg3 ,campbell1 ,second ,journey in the ,interior of ,south ,africa1 ii4 #bjc4 ,footnote #hh3 ,schweinfurth1 ,heart of ,africa1 i4 #afc sq4 ,footnote #hi3 ,herodotus1 iv4 #ahf4 ,footnote #ij3 ,ibid4 ii4 #da4 ,porphyry1 op4 cit4 ii4 #aa4 ,footnote #ia3 ,institutes of ,vishnu1 li4 #c4 ,footnote #ib3 ,rjendralla ,mitra1 ,indo-,aryans1 i4 #ced4 ,footnote #ic3 ,doolittle1 ,social ,life of the ,chinese1 ii4 #ahg4 ,footnote #id3 ,giles1 ,strange ,stories from a ,chinese ,studio1 ii4 #cgf4 ,footnote #ie3 ,reed1 ,japan1 i4 #fa4 ,footnote #if3 ,griffis1 ,mikado's ,empire1 p4 #dgb4 ,footnote #ig3 ,pliny1 ,historia naturalis1 viii4 #gj4 ,footnote #ih3 ,varro1 ,de re rustica1 ii4 #e4 #c4 sq4 ,aelian1 ,varia historia1 v4 #ad4 ,footnote #ii3 ,mariti1 ,travels through ,cyprus1 i4 #ce4 ,footnote #ajj3 ,see infra1 on ,regard for the ,lower ,animals4 ,footnote #aja3 ,schweinfurth1 op4 cit4 i4 #afd4 ,footnote #ajb3 ,aelian1 ,varia historia1 v4 #ad4 ,varro1 ,de re rustica1 ii4 #e4 #c4 ,footnote #ajc3 ,fritsch1 ,die ,eingeborenen ,sd-,afrika's1 p4 #hf2 ,kropf1 op4 cit4 p4 #ajb 7,kafirs74 ,merker1 ,die ,masai1 p4 #afi4 ,paulitschke1 ,ethnographie ,nordost-,afrikas1 i4 #aec4 ,ratzel1 ,history of ,mankind1 ii4 #daa 7pastoral races of ,africa74 ,erman1 ,reise um die ,erde1 i4 #eae 7,kirghiz74 ,andree1 ,ethnographische ,parallelen1 p4 #abb sq4 ,robertson ,smith1 ,religion of the ,semites1 p4 #big4 ,schurtz1 op4 cit4 p4 #cj sq4 ,footnote #ajd3 ,porphyry1 op4 cit4 ii4 #aa4 ,footnote #aje3 ,wilkinson1 in ,rawlinson's translation of ,herodotus1 ii4 #gb sq4 n4 #g4 ,footnote #ajf3 ,schweinfurth1 op4 cit4 i4 #afc4 ,footnote #ajg3 ,herodotus1 ii4 #da4 ,footnote #ajh3 ,barth1 ,religions of ,india1 p4 #bfd4 ,certain foods1 then1 are generally abjured1 not merely because they excite disgust1 or as the case may be1 because they have a disagreeable taste1 but also from utilitarian considerations4 ,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 scarce4#aji ,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 it4 ,the harm caused by it may only be imaginary2 indeed1 forbidden food is commonly regarded as unwholesome1 whatever be the original ground on which it was prohibited4#aaj ,the ,negroes of the ,loango ,coast say that they abstain from goat-flesh because otherwise their skin would scale off1 and from fowl so as not to lose their hair4#aaa ,some tribes of the ,malay ,peninsula refuse to eat the flesh of elephants under the pretext that it would occasion sickness4#aab ,the tribes inhabiting the hills of ,assam think that the penalty for eating the flesh of a cat is loss of speech1 while those who infringe a special rule forbidding the flesh of a dog are believed to die of boils4#aac ,the worshippers of the ,syrian goddess maintained that the eating of sprats or anchovies would fill the body with ulcers and wither up the liver4#aad ,in ,russia veal is considered by many to be very unwholesome food1 and is entirely rejected by pious people4#aae ,it is not probable that these ideas are in the first instance derived from experience2 but there can be no doubt that fear of evil consequences is in many cases a #ccc primary motive for the abstinence from a certain kind of food4 ,mr4 ,im ,thurn supposes that the ,guiana ,indian avoids eating the flesh of various animals because he thinks they are particularly malignant4#aaf ,animals that present some unusual or uncanny peculiarity are rejected because they are objects of superstitious fear4 ,the ,egyptian priests1 we are told1 did not eat oxen which were twins or which were speckled1 nor animals that had only one eye4#aag ,the ,north ,american ,indians of the ,south-,eastern ,states abstained from all birds of night1 believing that if they ate them they would fall ill4#aah ,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 animal4#aai ,the ,zparo ,indians of ,ecuador will1 unless from necessity1 in most cases not eat any heavy meats such as tapir and peccary1 but confine themselves to birds1 monkeys1 deer1 fish1 c41 principally because they argue that the heavier meats make them also unwieldy1 like the animals who supply the flesh1 impeding their agility and unfitting them for the chase4#abj ,for a similar reason the ancient ,caribs are said to have refrained from turtles2#aba and some ,north ,american ,indians state that in former days their greatest chieftains seldom ate of any animal of gross quality1 or heavy motion of body1 fancying it conveyed a dullness through the whole system1 and disabled them from exerting themselves with proper vigour in their martial1 civil1 and religious duties4#abb ,the ,namaquas of ,south ,africa1 again1 pretend not to eat the flesh of the hare1 because they think it would make them as faint-hearted as that animal4#abc ,among the ,kafirs only children may eat hares1 whereas the men partake of the flesh of the #ccd leopard in order to get its strength4#abd ,among some other peoples the hare is forbidden food1#abe possibly owing to a similar superstition4 ,the blood of an animal is avoided because it is believed to contain its life or soul4 ,we meet with this custom in several ,north ,american tribes1#abf as well as in the ,old ,testament2#abg and from the ,jews it passed into early ,christianity4#abh ,footnote #aji3 ,mariner1 ,natives of the ,tonga ,islands1 ii4 #bcc4 ,footnote #aaj3 ,cf4 ,schurtz1 op4 cit4 p4 #bc4 ,footnote #aaa3 ,bastian1 ,die deutsche ,expedition an der ,loango-,kste1 i4 #ahe4 ,footnote #aab3 ,skeat and ,blagden1 op4 cit4 i4 #acb4 ,footnote #aac3 ,hodson1 ',the ,genna amongst the ,tribes of ,assam1' in ,jour4 ,anthr4 ,inst4 xxxvi4 #ih4 ,footnote #aad3 ,plutarch1 ,de superstitione1 #aj4 ,footnote #aae3 ,erman1 ,reise um die ,erde1 i4 #eae4 ,footnote #aaf3 ,im ,thurn1 op4 cit4 p4 #cfh4 ,footnote #aag3 ,porphyry1 op4 cit4 iv4 #g4 ,footnote #aah3 ,adair1 op4 cit4 p4 #acj sq4 ,footnote #aai3 ,see ,frazer1 ,golden ,bough1 ii4 #cec sqq4 ,footnote #abj3 ,simson1 ,travels in the ,wilds of ,ecuador1 p4 #afh4 ,footnote #aba3 ,waitz1 ,anthropologie der ,naturvlker1 iii4 #chd4 ,footnote #abb3 ,adair1 op4 cit4 p4 #acc4 ,footnote #abc3 ,hahn1 ,supreme ,being of the ,khoi-,khoi1 p4 #ajf4 ,footnote #abd3 ,kropf1 op4 cit4 p4 #ajb4 ,footnote #abe3 ,leviticus1 xi4 #f1 #h4 ,csar1 ,de bello ,gallico1 v4 #ab 7ancient ,britons74 ,the ,chinese have a deep-rooted prejudice against eating the flesh of the hare1 which they have always regarded as an animal endowed with mysterious properties 7,dennis1 ,folk-,lore of ,china1 p4 #fd74 ,with reference to the ,biblical prohibition of eating camel's flesh1 old exegetes observed that the camel is a very revengeful animal1 and that its vindictiveness would be transferred to him who partook of its meat 7,wiener1 in ,zeitschr4 f4 ,ethnol4 viii4 #ajd72 but whether the prohibition in question originated in such a belief is open to doubt4 ,footnote #abf3 ,adair1 op4 cit4 p4 #acd4 ,frazer1 ,golden ,bough1 i4 #cec4 ,footnote #abg3 ,leviticus1 iii4 #ag2 vii4 #be sqq42 xvii4 #aj sqq42 xix4 #bf4 ,deuteronomy1 xii4 #af1 #bc sqq42 xv4 #bc4 ,footnote #abh3 ,haberland1 ',gebruche und ,aberglauben beim ,essen1' in ,zeitschr4 f4 ,vlkerpsychologie1 xvii4 #cfc sq4 ,the general abstinence from certain kinds of food has thus sprung from a great variety of causes4 ,of these ,i have been able to point out only some of the more general and obvious4 ,as ,sir ,j4 ,g4 ,frazer justly remarks1 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 possess4#abi ,even explanations given by the natives themselves may be misleading1 since the original motive for a custom may have been forgotten1 while the custom itself is still preserved4 ,but ,i think that1 broadly speaking1 the general avoidance of a certain food may be traced to one or several of the following sources3 its disagreeable taste2 disgust caused1 in the case of animal food1 either by the external appearance of the animal1 or by its unclean habits1 or by sympathy1 or by associations of some kind or other1 or even by the mere fact that it is commonly abstained from2 the disinclination to kill an animal for food1 or1 generally1 to reduce the supply of a certain kind of victuals2 the idea1 whether correct or false1 that the food would injure #cce him who partook of it4 ,from what has been said in previous chapters it is obvious that any of these factors1 if influencing the manners of a whole community and especially when supported by the force of habit1 may lead not only to actual abstinence but to prohibitory rules the transgression of which is apt to call forth moral disapproval4 ,this is particularly the case at the earlier stages of culture1 where a people's tastes and habits are most uniform1 where the sway of custom is most powerful1 where instinctive aversion most readily develops into moral indignation1 and where man in almost every branch of action thinks he has to be on his guard against supernatural dangers4 ,and in this1 as in other cases of moral concern1 the prohibition may easily be sanctioned by religion1 especially when the abstinence is due to fear of some mysterious force or quality in the thing avoided4 ,the religious aspect assumed particular prominence in ,hebrewism and ,brahmanism4 ,it is said in the ',institutes of ,vishnu' that the eating of pure food is more essential than all external means of purification2 he who eats pure food only is truly pure1 not he who is only purified with earth and water4#acj ,the ,koran forbids the eating of what is dead1 and blood1 and flesh of swine1 and whatsoever has been consecrated to other than ,god4#aca ,medival ,christianity prohibited the eating of various animals1 especially horses1 which were not used as food in the ,south of ,europe1 but which the pagan ,teutons sacrificed and ate at their religious feasts4#acb ,the idea that it is unchristian to eat horseflesh has survived even to the present day1 and has1 together with the aversion to feeding on a pet animal1 been responsible for the loss of enormous quantities of nourishing food4 ,among ourselves the only eatable thing the partaking of which is generally condemned as immoral is human flesh4 ,but there are a considerable number of people who think #ccf that we ought to abstain from all animal meat1 not only for sanitary reasons1 but because man is held to have no right to subject any living being to suffering and death for the purpose of gratifying his appetite4 ,footnote #abi3 ,frazer1 ,golden ,bough1 i4 #cia sq4 ,footnote #acj3 ,institutes of ,vishnu1 xxii4 #hi4 ,footnote #aca3 ,koran1 ii4 #afh4 ,footnote #acb3 ,langkavel1 ',pferde und ,naturvlker1' in ,internationales ,archiv fr ,ethnographie1 i4 #ec4 ,schurtz1 op4 cit4 p4 #cb sq4 ,maurer1 ,die ,bekehrung des ,norwegischen ,stammes zum ,christenthume1 ii4 #aih4 ,on similar grounds vegetarianism has been advocated as a moral duty among ,eastern races1 as also in classical antiquity4 ,the regard for life in general1 which is characteristic of ,taouism1 ,buddhism1 ,jainism1 and ,brahmanism1#acc led to the condemnation of the use of animals as food4 ,it is a very common feeling among the ,chinese of all classes that the eating of flesh is sensual and sinful1 or at least quite incompatible with the highest degree of sincerity and purity4#acd ,in ,japan many persons abstain from meat1 owing to ,buddhistic influence4#ace ,in ,india animal food was not avoided in early times2 the epic characters shoot deer and eat cows4#acf ,even in the sacred law-books the eating of meat is permitted in certain circumstances3--,on offering the honey-mixture to a guest1 at a sacrifice and at the rites in honour of the manes1 but on these occasions only1 may an animal be slain4#acg ,nay1 some particular animals are expressly declared eatable4#ach ,the total abstinence from meat is in fact represented as something meritorious rather than as a strict duty2#aci it is said that by avoiding the use of flesh one gains a greater reward than by subsisting on pure fruit and roots1 and by eating food fit for ascetics in the forest4#adj ,but on the other hand we also read that there is no greater sinner than that man who1 though not worshipping the gods or the manes1 seeks to increase the bulk of his own flesh by the flesh of other beings4#ada ,as a matter of fact1 meat is nowadays commonly1 though by no means universally1 abstained from by high caste ,hindus1 whereas #ccg most low caste natives are only vegetarian when flesh food is not within their reach2#adb 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 cannibals4#adc ,the immediate origin of these restrictions seems obvious enough4 ,they were not introduced--as has been supposed--either as mere sumptuary measures1#add or because meat was found to be an aliment too rich and heavy in a warm climate1#ade but they were the natural outcome of a system which enjoins regard for life in general and kindness towards all living beings4 ,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 creatures1 and injury to sentient beings is detrimental to the attainment of heavenly bliss4#adf ,that the prohibition of eating animals resulted from the prohibition of killing them is also suggested by other facts4 ,if ,hindu ,pariahs eat the flesh of animals which have died naturally1 it is not visited upon them as a crime1 but they are considered to be wretches as filthy and disgusting as their food is revolting4#adg ,buddhism allows the eating of fish and meat if it is pure in three respects1 to wit--if one has not seen1 nor heard1 nor suspected that it has been procured for the purpose2#adh and among the ,buddhists of ,burma even the most strictly religious have no scruples in eating the flesh of an animal killed by another person1 as then1 they consider1 the sin of its destruction does not rest upon them1 but on the person who actually caused it4#adi ,footnote #acc3 ,see infra1 on ,regard for the ,lower ,animals4 ,footnote #acd3 ,doolittle1 op4 cit4 ii4 #ahc4 ,footnote #ace3 ,chamberlain1 ,things ,japanese1 p4 #age sq4 ,footnote #acf3 ,hopkins1 ,religions of ,india1 p4 #bjj4 ,footnote #acg3 ,laws of ,manu1 v4 #da4 ,see also ,vasishtha1 iv4 #e4 ,footnote #ach3 ,institutes of ,vishnu1 li4 #f4 ,laws of ,manu1 v4 #ah4 ,footnote #aci3 ,see ,jolly1 ',recht und ,sitte1' in ,bhler1 ,grundriss der indo-arischen ,philologie1 ii4 #aeg4 ,footnote #adj3 ,laws of ,manu1 v4 #ed4 ,see also ibid4 v4 #ec1 #ef4 ,footnote #ada3 ,ibid4 v4 #eb4 ,footnote #adb3 ,kipling1 ,beast and ,man in ,india1 p4 #f4 ,crooke1 ,things ,indian1 p4 #bbh4 ,footnote #adc3 ,percival1 ,land of the ,veda1 p4 #bgb4 ,footnote #add3 ,hopkins1 op4 cit4 p4 #bjj4 ,footnote #ade3 ,dubois1 ,description of the ,character1 c4 of the ,people of ,india1 p4 #abj4 ,footnote #adf3 ,laws of ,manu1 v4 #dh4 ,see also ibid4 v4 #de1 #di4 ,footnote #adg3 ,dubois1 op4 cit4 p4 #aba4 ,footnote #adh3 ,kern1 ,manual of ,indian ,buddhism1 p4 #ga1 n4 #e4 ,footnote #adi3 ,fytche1 ,burma ,past and ,present1 ii4 #gh4 ,vegetarianism is1 further1 said to have been practised by the first and most learned class of the ,persian ,magi1 who1 according to ,eubulus1 neither slew nor ate anything #cch animated2#aej and many of the ,egyptian priests are reported to have abstained entirely from animal food4#aea ,in ancient legends we are told that the earliest men1 who were pure and free from sin1 killed no animal but lived exclusively on the fruits of the earth4#aeb ,in ,greece the ,pythagoreans opposed the killing and eating of animals1 as having a right to live in common with mankind1#aec or in consequence of their theory that the souls of men after death transmigrate into animals4#aed ,according to ,porphyry1 a fleshless diet not only contributes to the health of the body and to the preservation of the power and purity of the mind1 but is required by justice4 ,animals1 he said1 are allied to men1 and he must be considered an impious person who does not abstain from acting unjustly towards his kindred4#aee ,footnote #aej3 ,porphyry1 op4 cit4 iv4 #af4 ,footnote #aea3 ,ibid4 iv4 #g4 ,footnote #aeb3 ,genesis1 i4 #bi4 ,bundahis1 xv4 #f sqq42 cf4 ,windischmann1 ,zoroastrische ,studien1 p4 #bab4 ,hesiod1 ,opera et dies1 #aji sqq4 ,plato1 ,politicus1 p4 #bgb4 ,porphyry1 op4 cit4 iv4 #b4 ,footnote #aec3 ,diogenes ,laertius1 ,vit philosophorum1 viii4 #a4 #ab 7#ac74 ,plutarch1 ,de carnium esu oratio ,i4 #a4 ,footnote #aed3 ,seneca1 ,epistul1 cviii4 #ai4 ,footnote #aee3 ,porphyry1 op4 cit4 i4 #b2 iii4 #bf sq4 99 99 99 99 99 ,there still remains a group of restrictions in diet which call for our consideration1 namely1 such as refer to the use of intoxicating drinks1 either only prohibiting immoderation or also demanding total abstinence4 ,among a large number of peoples drunkenness is so common that it can hardly be looked upon as a vice by the community2 on the contrary1 it is sometimes an object of pride1 or is regarded almost as a religious duty4 ,an old traveller on the ,west ,african ,gold ,coast says that the natives teach their children drunkenness at the age of three or four years1 as if it were a virtue4#aef ,the ,negroes of ,accra1 according to ,monrad1 take a pride in getting drunk1 and praise the happiness of a person who is so intoxicated that he can hardly walk4#aeg ,in ancient ,yucatan he who dropped down senseless from drink in a banquet was allowed to remain where he fell1 #cci and was regarded by his companions with feelings of envy4#aeh ,among the ,pueblo ,indians in ,new ,mexico1 who are otherwise a sober people1 drunkenness forms a part of their religious festivals4#aei ,so also in the hill tribes of the ,central ,provinces of ,india a large quantity of liquor is an essential element in their religious rites1 and their acts of worship invariably end in intoxication4#afj ,of the ,ainu in ,japan we are told that to drink for the god is their chief act of worship2 the more sak they drink the more devout they are1 whereas the gods will be angry with a person who abstains from the intoxicating drink4#afa ,the ancient ,scandinavians regularly concluded their religious ceremonies with filling and emptying stoops in honour of their gods2 and even after their conversion to ,christianity they were allowed to continue this practice at the end of their services1 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 saints4#afb ,of the ,germans ,tacitus states that to pass an entire day and night in drinking disgraces no one2#afc and this habit of intoxication the ,anglo-,saxons brought with them to ,england1 where it was nourished by a damp climate and a marshy soil4 ,in the seventh and eighth centuries some efforts were made to check drunkenness on the initiative of ,theodore1 archbishop of ,canterbury1 and ,egbert1 archbishop of ,york1 and these exertions were supported by the kings from a political desire to prevent riots and bloodshed4#afd ,the ,penitentials tell us the tale of universal intemperance more effectively than any description of it could do4 ,a bishop who was so drunk as to vomit while administering the holy sacrament was condemned to eighty or ninety days penance1 a presbyter to #cdj seventy1 a deacon or monk to sixty1 a clerk to forty2#afe and if a person was so intoxicated that1 pending the rite1 he dropped the sacred elements into the fire or into a river1 he was required to chant a hundred psalms4#aff ,a bishop or priest who persevered in the habit of drunkenness was to be degraded from his office2#afg whilst single cases of intoxication1 if accompanied by vomiting1 incurred penance for a certain number of days--forty for a presbyter or deacon1#afh thirty for a monk1#afi fifteen for a layman4#agj ,however1 these rules admitted of exceptions3 if anybody in joy and glory of our ,saviour's natal day1 or of ,easter1 or in honour of any saint1 vomited through being drunk1 and in so doing had taken no more than he was ordered by his elders1 it mattered nothing2 and if a bishop had commanded him to be drunk he was likewise innocent1 unless indeed the bishop was in the same state himself4#aga ,if these attempts to encourage soberness produced any change for the better1 it could only have been temporary2 for some time afterwards intemperance was carried to its greatest excess through the practice and example of the ,danes4#agb ,under the influence of the ,normans1 who were a more temperate race1 drunkenness1 for a time decreased in ,england2 but after a few reigns the ,saxons seem rather to have corrupted their conquerors than to have been benefited by their example4#agc ,as late as the eighteenth century drunkenness was universal among all classes in ,england4 ,it was then as uncommon for a party to separate while any member of it remained sober #cda as it is now for any one in such a party to degrade himself through intoxication4 ,no loss of character was incurred by habitual excess4 ,men in the position of gentlemen congratulated each other upon the number of bottles emptied2 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 drunkard4#agd ,footnote #aef3 ,bosman1 ,description of the ,coast of ,guinea1 p4 #ajg4 ,footnote #aeg3 ,monrad1 ,skildring af ,guinea-,kysten1 p4 #bdb4 ,footnote #aeh3 ,bancroft1 op4 cit4 ii4 #gbe4 ,footnote #aei3 ,ibid4 i4 #eee4 ,footnote #afj3 ,hislop1 ,aboriginal ,tribes of the ,central ,provinces1 p4 #a4 ,campbell1 ,wild ,tribes of ,khondistan1 p4 #afd sq4 7,kandhs74 ,footnote #afa3 ,bird1 ,unbeaten ,tracks in ,japan1 ii4 #fh1 #if4 ,cf4 ,batchelor1 ,ainu of ,japan1 p4 #ca4 ,footnote #afb3 ,maurer1 op4 cit4 ii4 #bjj4 ,bartholinus1 ,antiquitates ,danic1 i4 #h1 p4 #abh sqq4 ,mallet1 ,northern ,antiquities1 p4 #aif4 ,footnote #afc3 ,tacitus1 ,germania1 #bb4 ,footnote #afd3 ,laws of ,hlothhre and ,eadric1 #ab sq4 ,thrupp1 ,the ,anglo-,saxon ,home1 p4 #big4 ,footnote #afe3 ,poenitentiale ,pseudo-,theodori1 xxvi4 #d 7,wasserschleben1 ,die ,bussordnungen der abendlndischen ,kirche1 p4 #eid74 ,poenitentiale ,egberti1 xi4 #g 7,wasserschleben1 p4 #bdb74 ,footnote #aff3 ,poenitentiale ,pseudo-,theodori1 xxvi4 #e 7,wasserschleben1 op4 cit4 p4 #eid74 ,poenitentiale ,egberti1 xi4 #i 7,wasserschleben1 p4 #bdb74 ,footnote #afg3 ,poenitentiale ,theodori1 i4 #a4 #a 7,wasserschleben1 op4 cit4 p4 #ahd74 ,poenitentiale ,egberti1 xi4 #a 7,wasserschleben1 p4 #bdb74 ,footnote #afh3 ,poenitentiale ,theodori1 i4 #a4 #c 7,wasserschleben1 op4 cit4 p4 #ahd74 ,poenitentiale ,egberti1 xi4 #c 7,wasserschleben1 p4 #bdb74 ,footnote #afi3 ,poenitentiale ,theodori1 i4 #a4 #b 7,wasserschleben1 op4 cit4 p4 #ahd74 ,poenitentiale ,egberti1 xi4 #b 7,wasserschleben1 p4 #bdb74 ,footnote #agj3 ,poenitentiale ,theodori1 i4 #a4 #e 7,wasserschleben1 op4 cit4 p4 #ahd74 ,footnote #aga3 ,poenitentiale ,theodori1 i4 #a4 #d 7,wasserschleben1 op4 cit4 p4 #ahd74 ,footnote #agb3 ,thrupp1 op4 cit4 p4 #bii sqq4 ,footnote #agc3 ,ibid4 p4 #cja sq4 ,footnote #agd3 ,porter1 ,progress of the ,nation1 p4 #bci4 ,pike1 ,history of ,crime in ,england1 ii4 #ehg4 ,massey1 ,history of ,england during the ,reign of ,george ,,iii4 ii4 #fj4 ,though of late years drunkenness has been decreasing among those ,european nations who have been most addicted to it1 and is nowadays generally recognised as a vice1 our civilisation is still1 as it has always been1 the great source from which the poison of intoxication is pouring over the earth in all directions1 infecting or killing races who previously knew nothing of alcohol or looked upon it with abhorrence4 ,eastern religions have emphatically insisted upon sobriety or even total abstinence from intoxicating liquors4 ,in the sacred law-books of ,brahmanism thirteen different kinds of alcoholic drinks are mentioned1 all of which are forbidden to ,brhmanas and three to ,kshatriyas and ,vaisyas2#age yet1 though there be no sin in drinking spirituous liquor1 abstention brings greater reward4#agf ,a twice-born man who drinks the liquor called ,sur commits a mortal sin1 which will be punished both in this life and in the life to come2#agg the most proper penalty for such a person is to drink that liquor boiling-hot1 and only when his body has been completely scalded by it is he freed from his guilt4#agh ,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 towns1 who have learned it from ,europeans2 it is supposed to be destructive of caste purity2 hence a notorious drunkard is1 or at least #cdb used to be1 expelled from his caste4#agi ,buddhism interdicts altogether the use of alcohol2#ahj of the five crimes1 the taking of life1 theft1 adultery1 lying1 and drinking1 the last is the worst4#aha ,taouism condemns the love of wine4#ahb ,in ,zoroastrianism the holy ,sraosha is represented as fighting against the demon of drunkenness1#ahc and it is said that the sacred beings are not pleased with him who drinks wine more than moderately2#ahd but it seems that the ancient ,persians nevertheless were much addicted to intoxication4#ahe ,according to classical writers1 some of the ,egyptian priests abstained entirely from wine1 whilst others drank very little of it2#ahf and before the reign of ,psammetichus the kings neither drank wine1 nor made libation of it as a thing acceptable to the gods4#ahg ,the use of wine and other inebriating drinks is forbidden by ,islam1#ahh and was punished by ,muhammed with flogging4#ahi ,it may also be said of his followers that they for the most part have obeyed this command1 at least in country districts1#aij and that the exceptions to the rule are directly or indirectly attributable to the influence of ,christians4 ,footnote #age3 ,institutes of ,vishnu1 xxii4 #hb1 #hd4 ,gautama1 ii4 #bj4 ,laws of ,manu1 xi4 #id sq4 ,footnote #agf3 ,laws of ,manu1 v4 #ef4 ,footnote #agg3 ,ibid4 ix4 #bce1 #bcg2 xi4 #di1 #ee2 xii4 #ef4 ,footnote #agh3 ,ibid4 xi4 #ia4 ,footnote #agi3 ,caldwell1 ,tinnevelly ,shanars1 p4 #ch4 ,dubois1 op4 cit4 p4 #aaf4 ,samuelson1 ,history of ,drink1 p4 #df4 ,footnote #ahj3 ,oldenberg1 ,buddha1 p4 #bij4 ,monier-,williams1 ,buddhism1 p4 #abf4 ,footnote #aha3 ,hardy1 ,manual of ,budhism1 p4 #dia4 ,footnote #ahb3 ,douglas1 ,confucianism and ,taouism1 p4 #bff4 ,footnote #ahc3 ,venddd1 xix4 #da4 ,footnote #ahd3 ,dn- ,mang- ,khirad1 xvi4 #fb4 ,footnote #ahe3 ,herodotus1 i4 #acc4 ,footnote #ahf3 ,porphyry1 op4 cit4 iv4 #f4 ,plutarch1 ,de ,iside et ,osiride1 #f4 ,footnote #ahg3 ,plutarch1 ,de ,iside et ,osiride1 #f4 ,footnote #ahh3 ,koran1 ii4 #baf4 ,footnote #ahi3 ,lane1 ,modern ,egyptians1 p4 #abb4 ,footnote #aij3 ,burton1 ,pilgrimage to ,al-,madinah and ,meccah1 ii4 #aah4 ,blunt1 ,bedouin ,tribes of the ,euphrates1 ii4 #bac4 ,polak1 ,persien1 ii4 #bfh4 ,lane1 ,modern ,egyptians1 p4 #bih sq4 ,pool1 ,studies in ,mohammedanism1 p4 #bhc4 ,the condemnation of drunkenness is1 of course1 in the first place due to its injurious consequences4 ,the ,basutos of ,south ,africa say that there is blood in the dregs--that is1 intoxication ends in bloody quarrels4#aia ,the ,omaha ,indians made drunkenness a crime punishable with flogging and loss of property1 because it often led to murders4#aib ,sahagun tells us of a ,mexican king who severely admonished his people to abstain from intoxication1 as being the cause of troubles and disorders in villages and #cdc kingdoms1 of misery1 sorrow1 and poverty4#aic ,of him who drinks immoderately it is said in one of the ,pahlavi texts that infamy comes to his body and wickedness to his soul4#aid ,according to ,ecclesiasticus1 drunkenness increaseth the rage of a fool till he offend3 it diminisheth strength and maketh wounds4#aie ,we read in the ,talmud1 ,drink not1 and you will not sin4#aif ,muhammed said that in wine there is both sin and profit1 but that the sin is greater than the profit4#aig ,buddhism stigmatises drinking as the worst of crimes because it leads to all other sins2 from the continued use of intoxicating drink six evil consequences are said to follow--namely1 the loss of wealth2 the arising of disputes that lead to blows and battles2 the production of various diseases1 as soreness of the eyes and others2 the bringing of disgrace1 from the rebuke of parents and superiors2 the exposure to shame1 from going hither and thither unclothed2 the loss of the judgment required for the carrying on of the affairs of the world4#aih ,that drunkenness1 in spite of the evils resulting from it1 nevertheless so frequently escapes censure1 is due partly to the pleasures connected with it1 partly to lack of foresight1#aii and in a large measure to the influence of intemperate habits4 ,why such habits should have grown up in one country and not in another we are often unable to tell4 ,the climate has no doubt something to do with it1 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 air4#bjj ,a gloomy temperament and a cheerless life are apt to induce people to resort to the artificial pleasures produced by drink4 ,the dreariness of the ,puritan ,sunday has much to answer for2 the evidence given by a spirit merchant before the ,commission on the ,forbes ,mackenzie ,act was that there is a great #cdd demand for drink on ,sunday1 and that this demand must be supplied4#bja ,ennui was probably a cause of the prevailing inebriety in ,europe in former days1 when there was difficulty in passing the time not occupied in fighting or hunting2#bjb and the monotony of life in the lower ranks of an industrial community still tends to produce a similar effect4 ,other causes of drunkenness are miserable homes and wretched cooking4 ,mr4 ,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 ,holland1 a much smaller proportion of the husbands would seek a refuge in the public-house4#bjc ,footnote #aia3 ,casalis1 ,basutos1 p4 #cjg4 ,footnote #aib3 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #cgj4 ,footnote #aic3 ,sahagun1 ,historia general de las cosas de ,nueva ,espaa1 ii4 #id sqq4 ,footnote #aid3 ,dn- ,mang- ,khirad1 xvi4 #fc4 ,footnote #aie3 ,ecclesiasticus1 xxxi4 #cj4 ,footnote #aif3 ,deutsch1 ,literary ,remains1 p4 #eh4 ,footnote #aig3 ,koran1 ii4 #baf4 ,footnote #aih3 ,hardy1 op4 cit4 p4 #dia sq4 ,footnote #aii3 ,cf4 supra1 i4 #bha1 #cji sq4 ,footnote #bjj3 ,montesquieu1 ,de l'esprit des lois1 xiv4 #aj 7,,oeuvres1 p4 #cjc sq474 ,footnote #bja3 ,hessey1 ,sunday1 p4 #cgh4 ,footnote #bjb3 ,cf4 ,spencer1 ,principles of ,ethics1 i4 #dde4 ,footnote #bjc3 ,lecky1 ,democracy and ,liberty1 ii4 #ach4 ,the evil consequences of intoxication have led not only to the condemnation of an immoderate use of alcoholic drink1 but also to the demand for total abstinence1 in consideration of the difficulty many people have in avoiding excess4 ,but this hardly accounts in full for the religious prohibition of drink which we meet with in the ,east4 ,wine or spirituous liquor inspires mysterious fear4 ,the abnormal mental state which it produces suggests the idea that there is something supernatural in it1 that it contains a spirit1 or is perhaps itself a spirit4#bjd ,moreover1 the juice of the grape is conceived as the blood of the vine#bje--;in ,ecclesiasticus the wine which was poured out at the foot of the altar is even called the blood of the grape2#bjf and in the blood is the soul4 ,the law of ,brahmanism not only prohibits the drinking of wine1 but also commands that one should carefully avoid red exudations from trees and juices flowing from incisions4#bjg ,that spirituous liquor is believed to contain baneful mysterious energy is obvious from the statement that if the ,brahman 7the ,veda7 which dwells in the body of a ,brhmana is even once deluged with it1 his ,brahmanhood forsakes him1 and he becomes a ,sdra2#bjh holy persons are1 of #cde course1 most easily affected by the mysterious drink1 owing to the delicate nature of holiness4 ,muhammedans likewise regard wine as unclean and polluting2#bji 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 washed4#baj ,in ,morocco it is said that by drinking alcohol a ,muhammedan loses the baraka1 or holiness1 of the faith and a scribe the memory of the ,koran1 and that if a person who drinks alcohol has a charm on him1 its baraka is spoiled4 ,the fact that wine was forbidden by the ,prophet might perhaps by itself be a sufficient reason for the notion that it is unclean4 ,but already in pre-,muhammedan times it seems to have been scrupulously avoided by some of the ,arabs1#baa though among others it was much in use and was highly praised by their poets4#bab ,footnote #bjd3 ,see supra1 i4 #bgh1 #bha2 infra1 on the ,belief in ,supernatural ,beings2 ,frazer1 ,golden ,bough1 i4 #cei4 ,footnote #bje3 ,frazer1 op4 cit4 i4 #ceh sq4 ,footnote #bjf3 ,ecclesiasticus1 l4 #ae4 ,footnote #bjg3 ,laws of ,manu1 v4 #f4 ,footnote #bjh3 ,ibid4 xi4 #ih4 ,footnote #bji3 ,lane1 ,modern ,egyptians1 p4 #bii4 ,footnote #baj3 ,winterbottom1 ,native ,africans in the ,neighbourhood of ,sierra ,leone1 i4 #gb4 ,footnote #baa3 ,diodorus ,siculus1 ,bibliotheca historica1 xix4 #id4 #c4 ,zckler1 ,askese und ,mnchtum1 i4 #ic4 ,footnote #bab3 ,goldziher1 ,muhammedanische ,studien1 i4 #ba sqq4 ,as for the ,muhammedan prohibition of wine1 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 ,christ4 ,wine was raised by the founder of ,christianity to a dignity of the highest religious import4 ,it became well-nigh typical of ,christianity and in a manner its badge4 ,to declare it unclean1 an abomination1 and the work of the devil1 was to set up for the ,faithful a counter-badge4#bac ,this view derives much probability from the fact that there are several unequivocal indications of the same bent of policy in ,muhammed's system1 showing a distinct tendency to oppose ,islam to other religions4 ,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 prohibition4 ,footnote #bac3 ,palgrave1 ,journey through ,central and ,eastern ,arabia1 i4 #dbh sqq4 ,,chapter ,,xxxix ,,cleanliness ,,and ,,uncleanliness--,,asceticism ,,in ,,general ,,it seems that man1 like many other animals1 is naturally endowed with a certain tendency to cleanliness or aversion to filth4 ,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 uncleanliness1 or whatever he considered as such1 whether in his own person or in others1 was an abomination to him4#a ,and the savage boy of ,aveyron1 though filthy at first1 soon became so scrupulously clean in his habits that he constantly threw away1 in a pet1 the contents of his plate1 if any particle of dirt or dust had fallen upon it2 and1 after he had broken his walnuts under his feet1 he took pains to clean them in the nicest and most delicate manner4#b ,footnote #a3 ,feuerbach1 ,caspar ,hauser1 p4 #fb4 ,footnote #b3 ,itard1 ,account of the ,discovery and ,education of a ,savage ,man1 p4 #eh4 ,many savages are praised for their cleanliness4#c ,the ,veddahs of ,ceylon wash their bodies every few days1 as opportunity occurs4#d ,among the ,south ,sea ,islanders #cdg bathing is a very common practice2 the ,tahitians bathe in fresh water once or twice a day1#e and the natives of ,ni-afu1 in the ,tonga ,islands1 are said to spend half their life in the water4#f ,so1 also1 many ,indian tribes both in ,north1 ,central1 and ,south ,america are very fond of bathing4#g ,the ,omahas generally bathe every day in warm weather1 early in the morning and at night1 and some of them also at noon4#h ,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 day4#i ,the ,tehuelches of ,patagonia not only make morning ablutions and1 when encamped near a river1 enjoy bathing for hours1 but are also scrupulously careful as to the cleanliness of their houses and utensils1 and will1 if they can obtain soap1 wash up everything they may be possessed of4#aj ,the ,moquis and ,pueblos of ,new ,mexico are remarkable both for their personal cleanliness and the neatness of their dwellings4#aa ,cleanliness is a common characteristic of many natives of ,africa4#ab ,the ,negroes of the ,gold ,coast wash their whole persons once1 if not oftener1 during the day4#ac ,the ,meg1 a people subject to the ,monbuttu1 wash two or three times a day1 and when engaged in work constantly adjourn to a neighbouring stream to cleanse themselves4#ad ,the ,marutse-,mabundas1 rather than lose their bath1 are always ready #cdh to run the risk of being snapped up by crocodiles1 and they are in the habit of keeping their materials in well-washed wooden or earthenware bowls or in suitable baskets or calabashes4#ae ,the cleanliness of the ,dinka in every thing that concerns the preparation of food is said to be absolutely exemplary4#af ,among the ,bari tribes the dwellings are the perfection of cleanliness4#ag ,so also the ,bachapins1 a ,bechuana tribe1 are remarkable for the cleanliness of their dwellings1 showing the greatest carefulness to remove all rubbish and everything unsightly2 but at the same time they are lacking in personal cleanliness4#ah ,footnote #c3 ,colquhoun1 ,amongst the ,shans1 p4 #bih sq4 ,man1 ,sonthalia and the ,sonthals1 p4 #hd4 ,foreman1 ,philippine ,islands1 p4 #ahi 7domesticated natives74 ,boyle1 ,dyaks of ,borneo1 p4 #bdb4 ,erskine1 ,cruise among the ,islands of the ,western ,pacific1 pp4 #aaj 7,samoans2 cf4 ,turner1 ,nineteen ,years in ,polynesia1 p4 #bje71 #bfb1 #bfd 7,fijians74 ,percy ,smith1 ',futuna1' in ,jour4 ,polynesian ,soc4 i4 #ce4 ,markham1 ,cruise of the ,rosario1 p4 #acf 7,polynesians74 ,footnote #d3 ,nevill1 ',vaeddas of ,ceylon1' in ,taprobanian1 i4 #ahg4 ,footnote #e3 ,ellis1 ,polynesian ,researches 7ed4 #ahbi71 ii4 #aac sq4 ,footnote #f3 ,romilly1 ,western ,pacific1 p4 #ade4 ,footnote #g3 ,bancroft1 ,native ,races of the ,pacific ,states1 i4 #hc1 #fif1 #gbb1 #gfj4 ,domenech1 ,seven ,years ,residence in the ,great ,deserts of ,north ,america1 ii4 #ccg4 von ,humboldt1 ,personal ,narrative of ,travels to the ,equinoctial ,regions of the ,new ,continent1 iii4 #bcg 7,chaymas74 von ,martius1 ,beitrge zur ,ethnographie ,amerika's1 i4 #fjj 7,uaups71 #fdc 7,macuss74 ,molina1 ,history of ,chili1 ii4 #aah2 ,smith1 ,araucanians1 p4 #ahd4 ,dobrizhoffer1 ,account of the ,abipones1 ii4 #ec4 ,footnote #h3 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #bfi4 ,footnote #i3 ,im ,thurn1 ,among the ,indians of ,guiana1 p4 #aia4 ,footnote #aj3 ,musters1 ,at ,home with the ,patagonians1 p4 #agc4 ,footnote #aa3 ,bancroft1 op4 cit4 i4 #edj4 ,see also ibid4 i4 #bfg 7some ,inland ,columbians74 ,footnote #ab3 ,waitz1 ,anthropologie der ,naturvlker1 ii4 #hf 7,negroes of ,accra1 ,krus71 #dfd 7,western ,fulahs74 ,torday and ,joyce1 ',ethnography of the ,ba-,huana1' in ,jour4 ,anthr4 ,inst4 xxxvi4 #bib4 ,rowley1 ,africa ,unveiled1 p4 #aec4 ,ashe1 ,two ,kings of ,uganda1 p4 #cje2 ,wilson and ,felkin1 ,uganda1 i4 #ahd4 ,casati1 ,ten ,years in ,equatoria1 i4 #abb 7,monbuttu74 ,holub1 ,seven ,years in ,south ,africa1 ii4 #bjh 7,manansas74 ,footnote #ac3 ,cruickshank1 ,eighteen ,years on the ,gold ,coast1 ii4 #bhc sq4 ,footnote #ad3 ,burrows1 ,land of the ,pigmies1 p4 #aai4 ,footnote #ae3 ,holub1 op4 cit4 ii4 #cji4 ,footnote #af3 ,casati1 op4 cit4 i4 #dd4 ,footnote #ag3 ,baker1 ,albert ,n'yanza1 i4 #hi4 ,footnote #ah3 ,burchell1 ,travels in the ,interior of ,southern ,africa1 ii4 #eba1 #eec4 ,we commonly find that savages who are clean in certain respects are dirty in others4 ,the ,wanyoro bathe frequently and always wash their hands before and after eating1 but their dwellings are very filthy and swarm with vermin4#ai ,the ,nagas of ,india#bj and the natives of the interior of ,sumatra1#ba though cleanly in their persons1 are very dirty in their apparel4 ,the ,mayas of ,central ,america make frequent use of cold water1 but neither in their persons nor in their dwellings do they present an appearance of cleanliness4#bb ,so also the ,californian ,indians1 whilst exceedingly fond of bathing1 are unclean about their lodges and clothing4#bc ,the ,aleuts1 though they wash daily1 allow dirt to be piled up close to their dwellings1 prepare their food very carelessly1 and never wash their household utensils4#bd ,the ,new ,zealander1 again1 whilst not over-clean in his person1 is very particular respecting his food and also keeps his dwelling in as much order as possible4#be ,on the other hand there are very many uncivilised peoples who are described as generally filthy in their habits--for instance1 the ,fuegians1#bf many #cdi ,indian tribes in the ,pacific ,states1#bg several ,eskimo tribes1#bh various ,siberian peoples1#bi the ,ainu of ,japan1#cj most hill tribes in ,india1#ca many ,australian tribes1#cb the ,bushmans1#cc and1 generally1 the dwarf races of ,africa4#cd ,but although these peoples never or hardly ever wash their bodies1 or do not change their dress until it is worn to pieces1 or eat out of the same vessels as their dogs without cleaning them1 or feed on disgusting substances1 or regard vermin as a delicacy--we may assume that their toleration of filth is not absolutely boundless4 ,footnote #ai3 ,wilson and ,felkin1 op4 cit4 ii4 #df4 ,baker1 ,albert ,n'yanza1 ii4 #eh4 ,footnote #bj3 ,stewart1 ',northern ,cachar1' in ,jour4 ,asiatic ,soc4 ,bengal1 xxiv4 #faf4 ,footnote #ba3 ,marsden1 ,history of ,sumatra1 p4 #bji99994 ,footnote #bb3 ,bancroft1 op4 cit4 i4 #fed4 ,footnote #bc3 ,powers1 ,tribes of ,california1 p4 #djc4 ,bancroft1 op4 cit4 i4 #cgg1 #djg4 ,footnote #bd3 ,veniaminof1 quoted by ,dall1 ,alaska1 p4 #cih4 ,see also ,bancroft1 op4 cit4 i4 #bfg 7,flatheads74 ,footnote #be3 ,dieffenbach1 ,travels in ,new ,zealand1 ii4 #eh4 ,footnote #bf3 ,snow1 ,two ,years' ,cruise off ,tierra del ,fuego1 i4 #cde4 ,footnote #bg3 ,bancroft1 op4 cit4 i4 #hc1 #ajb1 #ahd1 #bca1 #dib1 #fbf4 ,footnote #bh3 ,ibid4 i4 #ea4 ,seemann1 ,voyage of ,herald1 ii4 #fa sq4 7,western ,eskimo74 ,kane1 ,arctic ,explorations1 ii4 #aaf 7,eskimo of ,etah74 ,cranz1 ,history of ,greenland1 i4 #aee4 ,footnote #bi3 ,sarytschew1 ',voyage of ,discovery to the ,north-,east of ,siberia1' in ,collection of ,modern and ,contemporary ,voyages1 v4 #fg 7,kamchadales74 ,krasheninnikoff1 ,history of ,kamschatka1 pp4 #agf 7,kamchadales71 #bbf 7,koriaks74 ,sauer1 ,expedition to the ,northern ,parts of ,russia performed by ,billings1 p4 #abe 7,jakuts74 ,georgi1 ,russia1 ii4 #cih 7,jakuts72 iii4 #ei 7,kotoftzes71 #aab 7,tunguses72 iv4 #cg 7,kalmucks71 #acd 7,burats74 ,liadov1 in ,jour4 ,anthr4 ,inst4 i4 #dja2 ,bergmann1 ,nomadische ,streifereien unter den ,kalmken1 ii4 #ajb1 #abc sq42 ,pallas1 quoted in ,spencer's ,descriptive ,sociology1 ',asiatic ,races1' p4 #bi 7,kalmucks74 ,footnote #cj3 ,batchelor1 ,ainu of ,japan1 p4 #bd sqq4 ,mac ,ritchie1 ,ainos1 p4 #ab sq4 ,footnote #ca3 ,spencer1 ,descriptive ,sociology1 ',asiatic ,races1' p4 #bi4 ,grange1 ',expedition into the ,naga ,hills1' in ,jour4 ,asiatic ,soc4 ,bengal1 ix4 #ifb4 ,stewart1 ibid4 xxiv4 #fcg 7,kukis74 ,mason1 ',physical ,character of the ,karens1' ibid4 xxxv4 pt4 ii4 #be4 ,butler1 ,travels in ,assam1 p4 #ih4 ,anderson1 ,mandalay to ,momien1 p4 #aca 7,kakhyens74 ,moorcroft and ,trebeck1 ,travels in the ,himalayan ,provinces1 i4 #cba 7,ladakhis74 ,footnote #cb3 ,breton1 ,excursions in ,new ,south ,wales1 p4 #aig4 ,barrington1 ,history of ,new ,south ,wales1 p4 #ai 7natives of ,botany ,bay74 ,angas1 ,savage ,life in ,australia1 i4 #hj 7,south ,australian aborigines74 ,chauncy1 in ,brough ,smyth1 ,aborigines of ,victoria1 ii4 #bhd 7,west ,australian aborigines74 ,footnote #cc3 ,moffat1 ,missionary ,labours in ,southern ,africa1 p4 #ae4 ,barrow1 ,travels into the ,interior of ,southern ,africa1 i4 #bhh4 ,footnote #cd3 ,stuhlmann1 ,mit ,emin ,pascha ins ,herz von ,afrika1 p4 #dea4 ,for other instances of uncleanliness in savages see ,crawfurd1 ,history of the ,indian ,archipelago1 i4 #ci2 ,st4 ,john1 ,life in the ,forests of the ,far ,east1 i4 #adg 7some of the ,land ,dyaks72 ,andersson1 ,lake ,ngami1 pp4 #ej 7,herero71 #dgj 7,bechuanas74 ,the prevalence of cleanly or dirty habits among a certain people may depend on a variety of circumstances3 the occupations of life1 sufficiency or want of water1 climatic conditions1 industry or laziness1 wealth or poverty1 religious or superstitious beliefs4 ,castrn observes that filthiness is a characteristic of fishing peoples2 among the ,ostyaks only those who live by fishing are conspicuous for their uncleanliness1 whereas the nomads and owners of #cej reindeer are not4#ce ,it has been observed that the inland negro is clean when he dwells in the neighbourhood of rivers4#cf ,in ,west ,australia those tribes only which live by large rivers or near the sea are said to have an idea of cleanliness4#cg ,concerning the filthy habits of the ,kukis and other hill peoples in ,india1 ,major ,butler remarks that they may probably be accounted for by the scarcity of water in the neighbourhood of the villages1 as also by the coldness of the climate4#ch ,dr4 ,kane believes that the indifference of many ,eskimo to dirt or filth is largely due to the extreme cold1 which by rapid freezing resists putrefaction and thus prevents the household1 with its numerous dogs1 from being intolerable4#ci ,their well-known habit of washing themselves with freshly passed urine arises partly from scarcity of water and the difficulty of heating it1 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 soiled4#dj ,a cold climate1 moreover1 leads to uncleanliness because it makes garments necessary2#da and among some savages the practice of greasing their bodies to protect the skin from the effects of a parching air produces a similar result4#db ,lord ,kames maintains that the greatest promoter of cleanliness is industry1 whereas its greatest antagonist is indolence4 ,in ,holland1 he observes1 the people were cleaner than all their neighbours because they were more industrious1 at a time when in ,england industry was as great a stranger as cleanliness4#dc ,kolben says that the general laziness of the ,hottentots accounts for the fact that they are in the matter of diet #cea the filthiest people in the world4#dd ,of the ,siberian ,burats ,georgi writes that from their laziness they are as dirty as swine2#de and the ,kamchadales are described as a dirty1 lazy race4#df ,poverty1 also1 is for obvious reasons a cause of uncleanliness2#dg a starving vulture neglects to polish his feathers1 and a famished dog has a ragged coat4#dh ,very commonly cleanliness is a class distinction4#di ,thus among the ,point ,barrow ,eskimo the poorer people are often careless about their clothes and persons1 whereas most of the wealthier individuals appear to take pride in being well clad1 and1 except when actually engaged in some dirty work1 always have their faces and hands scrupulously clean and their hair neatly combed4#ej ,dr4 ,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 superiority4#ea ,but already ,lord ,kames pointed out the fact indicated above1 that cleanness is remarkable in several nations which have made little progress in the arts of life4#eb ,footnote #ce3 ,castrn1 ,nordiska resor och forskningar1 i4 #cai sq4 ,footnote #cf3 ,bastian1 ,der ,mensch in der ,geschichte1 iii4 #ge4 ,mr4 ,torday1 who speaks from extensive experience1 tells me the same4 ,footnote #cg3 ,chauncy1 quoted by ,brough ,smyth1 op4 cit4 ii4 #bhd4 ,footnote #ch3 ,butler1 ,travels in ,assam1 p4 #ih sq4 ,cf4 ,stewart1 in ,jour4 ,asiatic ,soc4 ,bengal1 xxiv4 #faf4 ,footnote #ci3 ,kane1 ,arctic ,explorations1 ii4 #aaf4 ,footnote #dj3 ,murdoch1 ',ethnol4 ,results of the ,point ,barrow ,expedition1' in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #dba4 ,dall1 op4 cit4 p4 #bj4 ,footnote #da3 ,cf4 von ,humboldt1 op4 cit4 iii4 #bcg4 ,footnote #db3 ,burchell1 op4 cit4 ii4 #eec 7,bachapins of ,litakun74 ,footnote #dc3 ,kames1 ,sketches of the ,history of ,man1 i4 #cbc1 #cbg sqq4 ,footnote #dd3 ,kolben1 ,present ,state of the ,cape of ,good ,hope1 i4 #dg4 ,footnote #de3 ,georgi1 op4 cit4 iv4 #acd4 ,footnote #df3 ,ibid4 iii4 #aeb4 ,see also ,sarytschew1 in ,collection of ,modern and ,contemporary ,voyages1 v4 #fg4 ,footnote #dg3 ,see ,marshall1 ,a ,phrenologist amongst the ,todas1 p4 #ej2 ,veniaminof1 quoted by ,dall1 op4 cit4 p4 #cih 7,aleuts74 ,footnote #dh3 ,st4 ,john1 ,village ,life in ,egypt1 i4 #ahg4 ,footnote #di3 ,tickell1 ',memoir on the ,hodsum1' in ,jour4 ,asiatic ,soc4 ,bengal1 ix4 #hjh 7,hos74 ,rowlatt1 ',expedition into the ,mishmee ,hills1' ibid4 xiv4 #dhi4 ,williams and ,calvert1 ,fiji1 p4 #aag4 ,waitz1 op4 cit4 ii4 #hf 7,ashantees74 ,arnot1 ,garenganze1 p4 #gf 7,barotse74 ,lane1 ,modern ,egyptians1 p4 #bii4 ,footnote #ej3 ,murdoch1 in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #dba4 ,footnote #ea3 ,schweinfurth1 ,heart of ,africa1 i4 #aef4 ,footnote #eb3 ,kames1 op4 cit4 i4 #cba4 ,the factors which determine the cleanliness of a people also naturally influence the moral valuation of it4 ,aversion to dirt not only leads to cleanly habits1 but makes a filthy person an object of disgust and disapprobation2 indeed1 this aversion is generally stronger with reference to other individuals than with reference to one's own person4 ,but where for some reason or other dirtiness becomes habitual1 it at the same time ceases to be disgusting2 and it is often astonishing how soon #ceb people get used to filthy surroundings4 ,thus1 when cleanliness is insisted upon it is so in the first instance because dirt is directly disagreeable to other persons1 and when uncleanness is tolerated it is so because it gives no offence to the senses of the public4 ,but at the higher stages of civilisation1 at least1 cleanliness is besides inculcated on hygienic grounds4 ,in many cases cleanliness1 either temporary or habitual1 is also practised and enjoined from religious or superstitious motives4 ,a ,lappish noaide1 or wizard1 had to wash all his body before he offered a sacrifice4#ec ,the ,siberian shamans have compulsory water purifications once a year1 sometimes every month1 as also on special occasions when they feel themselves defiled by contact with unclean things4#ed ,the ,shinto priests in ,japan bathed and put on clean garments before making the sacred offerings or chanting the liturgies4#ee ,herodotus speaks of the cleanliness observed by the ,egyptian priests when engaged in the service of the gods4#ef ,as a preliminary to an act of worship the ancient ,greeks washed their hands or bathed and put on clean clothes4#eg ,one of the legal maxims of the ,romans required that men should approach the deity in a state of purity4#eh ,according to ,zoroastrianism it is the great business of life to avoid impurity1 and1 when it is involuntarily contracted1 to remove it in the correct manner as quickly as possible2 and by impurity is then understood not an inward state of the soul1 but mainly a physical state of the body1 everything going out of the human body being considered polluting4#ei ,for a ,brahmin bathing is the chief part of the minute ceremonial of daily worship1 whilst further washings and aspersions enter into more solemn religious acts2#fj and not only ,brahmins but most ,hindus regard #cec it as a religious duty to bathe daily if this is at all convenient4#fa ,lamaism enjoins personal ablution as a sacerdotal rite preparatory to worship1 though the ceremony seldom extends to more than dipping the tips of the fingers in water4#fb ,jewish ,rabbis are compelled to wash their hands before they begin to pray4#fc ,tertullian mentions that a similar ablution was practised by the ,christians before prayer4#fd ,according to ,islam1 the clothes and person of the worshipper should be clean1 and so also the ground1 mat1 carpet1 or whatever else it be1 upon which he prays2 and every act of worship must be preceded by an ablution1 though1 where water cannot be got1 sand may be used as a substitute4#fe ,but a polluting influence is not ascribed to everything which we regard as dirt4 ,for instance1 ,muhammedans consider the excrements of men and dogs defiling1 but not the dung of cows and sheep2 cow-dung is even used as a means of purification4 ,footnote #ec3 ,friis1 ,lappisk ,mythologie1 p4 #ade sq4 von ,dben1 ,lappland1 p4 #bef4 ,footnote #ed3 ,jour4 ,anthr4 ,inst4 xxiv4 #hh4 ,footnote #ee3 ,griffis1 ,religions of ,japan1 p4 #he4 ,footnote #ef3 ,herodotus1 ii4 #cg4 ,cf4 ,wiedemann1 ,herodots zweites ,buch1 p4 #aed4 ,footnote #eg3 ,iliad1 i4 #ddi2 iii4 #bgj2 vi4 #bff2 ix4 #aga1 #agd2 xvi4 #bbi sq42 xxiii4 #da2 xxiv4 #cjb sqq4 ,odyssey1 ii4 #bfa2 iv4 #gej2 xvii4 #eh4 ,keller1 ,homeric ,society1 p4 #ada4 ,stengel1 ,die griechischen ,kultusaltertmer1 p4 #ajf4 ,footnote #eh3 ,cicero1 ,de legibus1 ii4 #aj4 ,footnote #ei3 ,darmesteter1 in ,sacred ,books of the ,east1 iv4 p4 lxxii4 sqq4 ,footnote #fj3 ,ward1 ,view of the ,history1 c4 of the ,hindoos1 ii4 #fa sq4 ,colebrooke1 ,miscellaneous ,essays1 ii4 #adb sqq4 ,dubois1 ,people of ,india1 p4 #aac sq4 ,footnote #fa3 ,wilkins1 ,modern ,hinduism1 p4 #bja4 ,footnote #fb3 ,waddell1 ,buddhism of ,tibet1 p4 #dbc4 ,footnote #fc3 ,chwolsohn1 ,die ,ssabier1 ii4 #ga4 ,footnote #fd3 ,tertullian1 ,de ,oratione1 #ac 7,migne1 ,patrologi cursus1 ii4 #aafg sq474 ,footnote #fe3 ,sell1 ,faith of ,islam1 p4 #beb sqq4 ,lane1 ,modern ,egyptians1 i4 #hd sqq4 ,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 abstinences4 ,such contact is supposed to deprive a deity or holy being of its holiness1 or otherwise be detrimental to it1 and therefore to excite its anger against him who causes the defilement4 ,so also a sacred act is believed to lose its sacredness by being performed by an unclean individual4 ,moreover1 as a polluting substance is itself held to contain mysterious energy of a baneful kind1 it is looked upon as a direct danger even to persons who are not engaged in religious worship4 ,we have previously noticed the rites of purification which a manslayer has to undergo in order to get rid of the blood-pollution4#ff ,we have also seen that ablutions and other purificatory ceremonies #ced are performed for the purpose of removing sins and misfortunes4#fg ,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 death4#fh ,footnote #ff3 ,supra1 i4 #cge sqq4 ,footnote #fg3 ,supra1 i4 #ed sqq4 ,footnote #fh3 ,teit1 ',thompson ,indians of ,british ,columbia1' in ,memoirs of the ,american ,museum of ,natural ,history1 ',anthropology1' i4 #cca4 ,cruickshank1 op4 cit4 ii4 #bah 7,negroes of the ,gold ,coast74 ,ellis1 ,e7we-speaking ,peoples of the ,slave ,coast1 p4 #afj4 ,turner1 ,samoa1 p4 #ade2 ,idem1 ,nineteen ,years in ,polynesia1 p4 #bbh 7,samoans74 ,ellis1 ,polynesian ,researches1 i4 #djc 7,society ,islanders74 ,kloss1 ,in the ,andamans and ,nicobars1 p4 #cje 7,kar ,nicobarese74 ,joinville1 ',religion and ,manners of the ,people of ,ceylon1' in ,asiatick ,researches1 vii4 #dcg 7,sinhalese74 ,iyer1 ',nayadis of ,malabar1' in the ,madras ,government ,museum's ,bulletin1 iv4 #ga2 ,thurston1 ibid4 iv4 #gf sq4 7,nayadis74 ,crooke1 ,tribes and ,castes of the ,north-,western ,provinces and ,oudh1 i4 #hc 7,arakh1 a tribe in ,oudh74 ,ward1 ,view of the ,history1 c4 of the ,hindoos1 ii4 #adg1 iii4 #bge2 ,dubois1 ,manners and ,customs of the ,people of ,india1 p4 #ajh sq42 ,bose1 ,hindoos as they are1 p4 #beg4 ,caland1 ,die ,altindischen ,todten- und ,bestattungsgebruche1 p4 #gi sq4 ,but whilst religious or superstitious beliefs have thus led to ablutions and cleanliness1 they have in other instances had the very opposite effect4 ,among ,arabs young children are often left dirty and ill-dressed purposely1 to preserve them from the evil eye4#fi ,the ,obbo natives in ,central ,africa declare that if they do not wash their hands with cow's urine before milking1 the cow will lose her milk2 and with the same fluid they wash the milk-bowl1 and even mix some of it with the milk4#gj ,the ,jakuts never wash any of their eating or drinking utensils2 but1 as soon as a dish is emptied1 they clean it with the fore and middle finger2 for they think it a great sin to wash away any part of their food1 and apprehend that the consequence will be a scarcity4#ga ,a similar custom prevails among the ,kirghiz#gb and ,kalmucks4 ,the latter are forbidden by the laws of their faith to wash their vessels in river-water1 and therefore do no more than wipe them with a piece of an old sheep-skin shube1 which they use also for cleaning their hands upon when dirty4#gc ,they1 moreover1 abstain from washing their #cee clothes2 and so did the ,huns and ,mongols4#gd ,the ancient ,turks never washed themselves1 because they believed that their gods punished ablutions with thunder and lightning2 and the same belief still prevails among kindred peoples in ,central ,asia4#ge ,among the ,bahima of ,enkole1 in the ,uganda ,protectorate1 a man may smear his body with butter or clay as often as he wishes1 but to wash with water is bad for him1 and is a sure way of bringing sickness into his family and amongst his cattle4#gf ,the dread of water may be due partly to ill effects experienced after using it1 partly to superstition4 ,the ,moors dare not wash their bodies with cold water in the afternoon and evening after the 7s4ar1 because all such water is then supposed to be haunted by jnn1 or evil spirits4 ,in various religions the odour of sanctity is associated with filth4 ,muhammedan dervishes are recognised by their appearance of untidiness and uncleanness4 ,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 heap4#gg ,in the early days of ,christian monasticism the cleanliness of the body was regarded as a pollution of the soul4 ,the saints who were most admired were those who had become one hideous mass of clotted filth4 ,st4 ,athanasius relates with enthusiasm how ,st4 ,antony1 the patriarch of monachism1 had never1 to extreme old age1 been guilty of washing his feet4 ,a famous virgin1 though bodily sickness was a consequence of her habits1 resolutely refused1 on religious principles1 to wash any part of her body except her fingers4 ,and ,st4 ,simeon ,stylites1 who was generally pronounced to be the highest model of a ,christian saint1 bound a rope round himself so that it became imbedded in his flesh and caused putrefaction2 and it is said that a horrible stench1 intolerable #cef to the bystanders1 exhaled from his body1 and worms dropped from him whenever he moved1 and they filled his bed4#gh ,in medival ,christianity abstinence from every species of cleanliness was also enjoined as a penance1 the penitent being required to go with foul mouth1 filthy hands and neck1 undressed hair and beard1 unpared nails1 and clothes as dirty as his person4 ,in these cases uncleanliness is a form of asceticism1 a subject which we have already touched upon in dealing with industry and fasting1 but the principles of which still call for our consideration4 ,footnote #fi3 ,blunt1 ,bedouin ,tribes of the ,euphrates1 ii4 #bad4 ,klunzinger1 ,upper ,egypt1 p4 #cia4 ,footnote #gj3 ,baker1 ,albert ,n'yanza1 i4 #cha4 ,footnote #ga3 ,sauer1 op4 cit4 p4 #abe4 ,footnote #gb3 ,valikhanof1 c41 ,russians in ,central ,asia1 p4 #hj4 ,footnote #gc3 ,georgi1 op4 cit4 iv4 #cg4 ,bergmann1 op4 cit4 ii4 #abc4 ,footnote #gd3 ,neumann1 ,die ,vlker des sdlichen ,russlands1 p4 #bg4 ,for the excessive dirtiness of the present ,mongols1 see ,prejevalsky1 ,mongolia1 i4 #ea sq4 ,footnote #ge3 ,castrn1 op4 cit4 iv4 #fa4 ,footnote #gf3 ,roscoe1 ',bahima1' in ,jour4 ,anthr4 ,inst4 xxxvii4 #aaa4 ,footnote #gg3 ,kern1 ,manual of ,indian ,buddhism1 p4 #ge4 ,footnote #gh3 ,lecky1 ,history of ,european ,morals1 ii4 #aji sqq4 99 99 99 99 99 ,in various religions we meet with the idea that a person appeases or gives pleasure to the deity by subjecting himself to suffering or deprivation4 ,this belief finds expression in all sorts of ascetic practices4 ,we read of ,christian ascetics who lived in deserted dens of wild beasts1 or in dried-up wells1 or in tombs2 who disdained all clothes1 and crawled abroad like animals covered only by their matted hair2 who ate nothing but corn which had become rotten by remaining for a month in water2 who spent forty days and nights in the middle of thorn-bushes1 and for forty years never lay down4#gi ,hindu ascetics remain in immovable attitudes with their faces or their arms raised to heaven1 until the sinews shrink and the posture assumed stiffens into rigidity2 or they expose themselves to the inclemency of the weather in a state of absolute nudity1 or tear their bodies with knives1 or feed on carrion and excrement4#hj ,among the ,muhammedans of ,india there are fakirs who have been seen dragging heavy chains or cannon balls1 or crawling upon their hands and knees for years2 others have been found lying upon iron spikes for a bed2 and others1 again1 have been swinging for months before a slow fire with a #ceg tropical sun blazing overhead4#ha ,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 atonement1 two persons successively inflicting upon each other thirty-nine stripes or thirteen lashes with a triple scourge4#hb ,according to the ,zoroastrian ,yasts1 thirty strokes with the ,sraosh-karana is an expiation which purges people from their sins1 and makes them fit for offering a sacrifice4#hc ,herodotus tells us that the ancient ,egyptians beat themselves while the things offered by them as sacrifices were being burned1 and that the ,carian dwellers in ,egypt on such occasions cut their faces with knives4#hd ,among the ancient ,mexicans blood-drawing was a favourite and most common mode of expiating sin and showing devotion4 ,it makes one shudder1 says ,clavigero1 to read the austerities which they exercised upon themselves1 either in atonement of their transgressions or in preparation for their festivals4 ,they mangled their flesh as if it had been insensible1 and let their blood run in such profusion1 that it appeared to be a superfluous fluid of the body4#he ,self-mortification also formed part of the religious cult in many uncivilised tribes in ,north ,america4#hf ,the ,indian1 ,colonel ,dodge observes1 believes1 with many ,christians1 that self-torture is an act most acceptable to ,god1 and the extent of pleasure that he can give his god is exactly measured by the amount of suffering that he can bear without flinching4#hg ,footnote #gi3 ,ibid4 ii4 #ajh sq4 ,footnote #hj3 ,barth1 ,religions of ,india1 p4 #bad sq4 ,hopkins1 ,religions of ,india1 p4 #ceb4 ,monier-,williams1 ,brahmanism and ,hinduism1 p4 #cie4 ,footnote #ha3 ,pool1 ,studies in ,mohammedanism1 p4 #cje4 ,for similar practices among the modern ,egyptians1 see ,lane1 ,modern ,egyptians1 p4 #bdd4 ,footnote #hb3 ,allen1 ,modern ,judaism1 p4 #djg4 ,footnote #hc3 ,yasts1 x4 #abb4 ,darmesteter1 in ,sacred ,books of the ,east1 xxiii4 #aea1 n4 #c4 ,footnote #hd3 ,herodotus1 ii4 #dj1 #fa4 ,footnote #he3 ,clavigero1 ,history of ,mexico1 i4 #bhd4 ,see also ,bancroft1 op4 cit4 iii4 #dda sq42 ,rville1 ,hibbert ,lectures on the ,native ,religions of ,mexico and ,peru1 p4 #ajj4 ,footnote #hf3 ,domenech1 ,seven ,years ,residence in the ,great ,deserts of ,north ,america1 ii4 #chj4 ,catlin1 ,north ,american ,indians1 ii4 #bdc4 ,james1 ,expedition to the ,rocky ,mountains1 i4 #bgf sqq4 7,omahas74 ,mc,gee1 ',siouan ,indians1' in ,ann4 ,rep4 ,bur4 ,ethn4 xv4 #ahd4 ,footnote #hg3 ,dodge1 ,our ,wild ,indians1 p4 #adi4 ,the idea underlying religious asceticism has no doubt #ceh been derived from several different sources4 ,it should first be noticed that certain ascetic practices have originally been performed for another purpose1 and only afterwards come to be regarded as means of propitiating or pleasing the deity through the suffering involved in them4 ,this1 as we have seen1 is the case with certain fasts1 and also with sexual asceticism4#hh ,when an act is supposed to be connected with supernatural danger1 the evil 7real or imaginary7 resulting from it is readily interpreted as a sign of divine anger and the act itself is regarded as being forbidden by a god4 ,if then the abstinence from it implies suffering1 as is in some degree the case with fasting and sexual continence1 the conclusion is drawn that the god delights in such suffering4 ,the same inference is1 moreover1 made from the fact that such abstinences are enjoined in connection with religious worship1 though the primary motive for this injunction was fear of pollution4 ,beating or scourging1 again1 was in certain cases originally a mode of purification1 intended to wipe off and drive away a dangerous contagion either personified as demoniacal or otherwise of a magical character4 ,and although the pain inflicted on the person beaten was at first not the object of the act but only incidental to it1 it became subsequently the chief purpose of the ceremony1 which was now regarded as a mortification well pleasing to the god4#hi ,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 rite1 and also to the circumstance that purification is held to be a necessary accompaniment of acts of religious worship4 ,the ,egyptian sacrifice described by ,herodotus was combined with purificatory fasting as well as beating4#ij ,among the ,jews1 before the commencement of the fast of atonement1 whilst a few very religious persons undergo the penance of flagellation1 some purify themselves by #cei ablutions4#ia ,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 nights4#ib ,but it should also be remembered that religious exaltation1 when it has reached its highest stage1 may express itself in self-laceration2#ic and the deity is naturally supposed to be pleased with the outward expression of such an emotion in his devotees4 ,footnote #hh3 ,see infra1 p4 #dbj sq4 ,footnote #hi3 ,frazer1 ,golden ,bough1 iii4 #bag sq4 ,footnote #ij3 ,herodotus1 ii4 #dj4 ,footnote #ia3 ,allen1 op4 cit4 p4 #djg4 ,footnote #ib3 ,yasts1 x4 #abb4 ,footnote #ic3 ,see ,hirn1 ,origins of ,art1 p4 #fd4 ,an ascetic practice may also be the survival of an earlier sacrifice4 ,we have seen that this is frequently the case with fasting and almsgiving1 and the same may hold true of other forms of asceticism4#id ,the essence of the act then no longer lies in the benefit which the god derives from it1 but in the self-denial or self-mortification which it costs the worshipper4 ,in the sacred books of ,india austerity is mentioned as a means of expiation side by side with sacrifice1 fasting1 and giving gifts4#ie ,footnote #id3 ,cf4 ,tertullian1 ,de resurrectione carnis1 #h 7,migne1 op4 cit4 ii4 #hjf74 ,footnote #ie3 ,gautama1 xix4 #aa4 ,vasishtha1 xx4 #dg2 xxii4 #h4 ,baudhyana1 iii4 #aj4 #i4 ,when an ascetic practice develops out of a previous custom of a different origin1 it may be combined with an idea which by itself has been a frequent source of self-inflicted pain1 to wit1 the belief that such pain is an expiation for sin1 that it may serve as a substitute for a punishment which would otherwise be inflicted by the offended god2 and almost inseparably connected with this belief there may be that desire to suffer which is so often1 vaguely or distinctly1 involved in genuine repentance4#if ,the idea of expiation very largely underlies the penitential discipline of the ,christian ,church and the asceticism of its saints4 ,from the days of ,tertullian and ,cyprian the ,latins were familiar with the notion that the ,christian has to propitiate ,god1 that cries of pain1 sufferings1 and deprivations are means of appeasing his anger1 that ,god takes strict account of the quantity of #cfj the atonement1 and that1 where there is no guilt to have blotted out1 those very means are regarded as merits4#ig ,according to the doctrine of the ,church1 penance should in all grave cases be preceded by sorrow for the sin and also by confession1 either public or private2 repentance1 as we have noticed above1 is the only ground on which pardon can be given by a scrupulous judge4#ih ,but the notion was only too often adopted that the penitential practice itself was a compensation for sin1 that a man was at liberty to do whatever he pleased provided he was prepared to do penance afterwards1 and that a person who1 conscious of his frailty1 had laid in a large stock of vicarious penance in anticipation of future necessity1 had a right to work it out1 and spend it in sins4#ii ,the idea that sins may be expiated by certain acts of self-mortification is familiar both to ,muhammedans#ajj and ,jews4#aja ,according to ,zoroastrian beliefs1 it is possible to wipe out by peculiarly severe atonements not only the special sin on account of which the atonement is performed1 but also other offences committed in former times or unconsciously4#ajb ,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 existence4 ,it is said that men who have committed crimes and have been punished by the king go to heaven1 being pure like those who performed meritorious deeds2#ajc and the same idea is at the bottom of their penitential system4#ajd ,but in ,brahmanism1 as in ,catholicism1 the effect of ascetic practices is supposed to go beyond mere expiation4 ,they are regarded as means of accumulating religious merit or attaining superhuman powers4 ,brahmanical poems tell of marvellous self-mortifications #cfa by which sages of the past obtained influence over the gods themselves2 nay1 even the power wielded by certain archdemons over men and gods is supposed to have been acquired by the practice of religious austerities4#aje ,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 sin1 like the ,chinese before the introduction of ,taouism and ,buddhism1#ajf and the ancient ,greeks1 ,romans1 and ,scandinavians4 ,in ,greece1 however1 people sometimes voluntarily sacrificed a part of their happiness in order to avoid the envy of the gods1 who would not allow to man more than a moderate share of good fortune4#ajg ,footnote #if3 ,see supra1 i4 #aje sq4 ,footnote #ig3 ,tertullian1 ,de jejuniis1 #g 7,migne1 op4 cit4 ii4 #ifb74 ,idem1 ,de resurrectione carnis1 #h 7,migne1 ii4 #hjf sq474 ,harnack1 ,history of ,dogma1 ii4 #aaj1 #acb2 iii4 #caa4 ,footnote #ih3 ,supra1 i4 #he4 ,footnote #ii3 ,see ,thrupp1 ,the ,anglo-,saxon ,home1 p4 #bei4 ,footnote #ajj3 ,supra1 ii4 #cae1 #cag4 ,pool1 op4 cit4 p4 #bfd4 ,footnote #aja3 ,supra1 ii4 #cae sqq4 ,allen1 op4 cit4 p4 #acj4 ,footnote #ajb3 ,geiger1 ,civilization of the ,eastern ,iranians1 i4 #afc4 ,footnote #ajc3 ,laws of ,manu1 viii4 #cah4 ,footnote #ajd3 ,ibid4 xi4 #bbh4 ,footnote #aje3 ,monier-,williams1 ,brahmanism and ,hinduism1 pp4 #bca1 #dbg4 ,oldenberg1 ,buddha1 p4 #cjb4 ,footnote #ajf3 ,rville1 ,la religion ,chinoise1 p4 #bba4 ,footnote #ajg3 ,aeschylus1 ,agamemnon1 #ajjh sqq4 ,schmidt1 ,die ,ethik der alten ,griechen1 i4 #hb4 ,self-mortification is also sometimes resorted to not so much to appease the anger of a god as rather to excite his compassion4 ,in some of the ,jewish fasts1 as we have seen before1 these two objects are closely interwoven4#ajh ,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 rain4 ,mr4 ,williams tells us of a ,fijian priest who1 after supplicating his god for rain in the usual way without success1 slept for several successive nights exposed on the top of a rock1 without mat or pillow1 hoping thus to move the obdurate deity to send a shower4#aji ,footnote #ajh3 ,supra1 ii4 #cae4 ,footnote #aji3 ,williams and ,calvert1 ,fiji1 p4 #aif4 ,not only is suffering voluntarily sought as a means of wiping off sins committed1 but it is also endured with a view to preventing the commission of sin4 ,this is the second or1 in importance1 the first great idea upon which ,christian asceticism rests4 ,the gratification of every worldly desire is sinful1 the flesh should be the abject slave of the spirit intent upon unearthly things4 ,man was created for a life in spiritual communion with ,god1 #cfb but he yielded to the seduction of evil demons1 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 earthly4 ,moral goodness1 therefore1 consists in renouncing all sensuous pleasures1 in separating from the world1 in living solely after the spirit1 in imitating the perfection and purity of ,god4 ,the contrast between good and evil is the contrast between ,god and the world1 and the conception of the world includes not only the objects of bodily appetites but all human institutions1 as well as science and art4#aaj ,and still more than any theoretical doctrine1 the personal example of ,christ led to the glorification of spiritual joy and bodily suffering4 ,footnote #aaj3 ,harnack1 op4 cit4 ii4 #bad sqq41 iii4 #beh sqq4 von ,eicken1 ,geschichte der mittelalterlichen ,weltanschauung1 p4 #cac sqq4 ,the antithesis of spirit and body was not peculiar to ,christianity4 ,it was an old ,platonic conception1 which was regarded by the ,fathers of the ,church as the contrast between that which was precious and that which was to be mortified4 ,the doctrine that bodily enjoyments are low and degrading was taught by many pagan philosophers2 even a man like ,cicero says that all corporeal pleasure is opposed to virtue and ought to be rejected4#aaa ,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 good1 and matter impure and evil4 ,renunciation of the world was taught and practised by the ,jewish sects of the ,essenes and ,therapeut4 ,in ,india1 ,professor ,kern observes1 climate1 institutions1 the contemplative bent of the native mind1 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 world1 by undisturbed pious exercises1 and by a certain amount of mortification4#aab ,we read in the ,hitopadesa1 ,subjection to the senses has been called the road to ruin1 and #cfc their subjugation the path to fortune4#aac ,the ,jain regards pleasure in itself as sinful3--,what is discontent1 and what is pleasure8 ,one should live subject to neither4 ,giving up all gaiety1 circumspect1 restrained1 one should lead a religious life4#aad ,according to ,buddhism1 there are two causes of the misery with which life is inseparably bound up--lust and ignorance2 and so there are two cures--the suppression of lust and desire and the removal of ignorance4#aae ,it is said in the ,dhammapada1 ,there is no satisfying lusts1 even by a shower of gold pieces2 he who knows that lusts have a short taste and cause pain1 he is wise4#aaf ,penances1 as they were practised among the ascetics of ,india1 were discarded by ,buddha as vexatious1 unworthy1 unprofitable4 ,not nakedness1 not platted hair1 not dirt1 not fasting1 or lying on the earth1 not rubbing with dust1 not sitting motionless1 can purify a mortal who has not overcome desires4#aag ,where all contact with the earthly ceases1 there1 and there only1 are deliverance and freedom4 ,footnote #aaa3 ,cicero1 ,de officiis1 i4 #cj2 iii4 #cc4 ,footnote #aab3 ,kern1 ,manual of ,indian ,buddhism1 p4 #gc4 ,footnote #aac3 ,hitopadesa1 quoted by ,monier-,williams1 ,indian ,wisdom1 p4 #ech4 ,footnote #aad3 ,hopkins1 op4 cit4 p4 #bia4 ,footnote #aae3 ,oldenberg1 op4 cit4 p4 #bab sq4 ,monier-,williams1 ,buddhism1 p4 #ii4 ,footnote #aaf3 ,dhammapada1 #ahf sq4 ,footnote #aag3 ,ibid4 #ada4 ,see also ,oldenberg1 op4 cit4 p4 #cja sq4 ,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 sin4 ,and separation from the material world is the ideal of the religious enthusiast whose highest aspiration is union with ,god conceived as an immaterial being1 as pure spirit4 ,,chapter ,,xl ,,marriage ,,man',s sexual nature gives rise to various modes of conduct on which moral judgments are passed4 ,we shall first consider such relations between the sexes as are comprised under the heading ,marriage4 ,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 existed1 human marriage apparently being an inheritance from some ape-like progenitor4#a ,i then defined marriage as a more or less durable connection between male and female1 lasting beyond the mere act of propagation till after the birth of the offspring4 ,this is marriage in the natural history sense of the term4 ,as a social institution1 on the other hand1 it has a somewhat different meaning3 it is a union regulated by custom or law4#b ,society lays down rules relating to the selection of partners1 to the mode of contracting marriage1 to its form1 and to its duration4 ,these rules are essentially expressions of moral feelings4 ,footnote #a3 ,westermarck1 ,history of ,human ,marriage1 ch4 iii4 sqq4 ,footnote #b3 ,the best definition of marriage as a social institution which ,i have met with is the following one given by ,dr4 ,friedrichs 7',einzeluntersuchungen zur vergleichenden ,rechtswissenschaft1' in ,zeitschr4 f4 vergl4 ,rechtswiss4 x4 #bee73--;,eine von der ,rechtsordnung anerkannte und privilegirte ,vereinigung geschlechtsdifferenter ,personen1 entweder zur ,fhrung eines gemeinsamen ,hausstandes und zum ,geschlechtsverkehr1 oder zum ausschliesslichen ,geschlechtsverkehr4 ,there is1 first1 a circle of persons within which marriage is prohibited4 ,it seems that the horror of incest is well-nigh universal in the human race1 and that the few cases in which this feeling is said to be absent can only be regarded #cfe as abnormalities4 ,but the degrees of kinship within which marriage is forbidden are by no means the same everywhere4 ,it is most1 and almost universally1 abominated between parents and children4 ,it is also held in general abhorrence between brothers and sisters who are children of the same mother as well as of the same father4 ,most of the exceptions to this rule refer to royal persons1 for whom it is considered improper to contract marriage with individuals of less exalted birth2 but among a few peoples incestuous unions are practised on a larger scale on account of extreme isolation or as a result of vitiated instincts4#c ,it seems1 however1 that habitual marriages between brothers and sisters have been imputed to certain peoples without sufficient reason4#d ,this is obviously true of the ,veddahs of ,ceylon1 who have long been supposed to regard the marriage of a man with his younger sister as the proper marriage4#e ,such incest1 says ,mr4 ,nevill1 never was allowed1 and never could be1 while the ,vaedda #cff customs lingered4 ,incest is regarded as worse than murder4 ,so positive is this feeling1 that the ,tamils have based a legend upon the instant murder of his sister by a ,vaedda to whom she had made undue advances4 ,the mistake arose from gross ignorance of ,vaedda usages4 ,the title of a cousin with whom marriage ought to be contracted1 that is1 mother's brother's daughter1 or father's sister's daughter1 is nag or nang4 ,this1 in ,sinhalese1 is applied to a younger sister4 ,hence if you ask a ,vaedda1 ',do you marry your sisters8' the ,sinhalese interpreter is apt to say1 ',do you marry your nag8' ,the reply is 7,i have often tested it71 ',yes--we always did formerly1 but now it is not always observed4' ,you say then1 ',what8 marry your own-sister-nag8' and the reply is an angry and insulted denial1 the very question appearing a gross insult4 ,the same writer adds3--,in no case did a person marry one of the same family1 even though the relationship was lost in remote antiquity4 ,such a marriage is incest4 ,the penalty for incest was death4#f ,footnote #c3 ,westermarck1 op4 cit4 ch4 xiv4 sq4 ,footnote #d3 ,this is apparently the case with various peoples mentioned by ,sir ,j4 ,g4 ,frazer 7,pausanias's ,description of ,greece1 ii4 #hd sq47 as being addicted to incestuous unions4 ,mr4 ,turner's short statement 7,samoa1 p4 #cda7 that among the ,new ,caledonians no laws of consanguinity were observed in their marriages1 and that even the nearest relatives united1 radically differs from ,m4 de ,rochas' description of the same people4 ,les ,no-,caldoniens1 he says 7,nouvelle ,caldonie1 p4 #bcb71 ne se marient pas entre proches parents du ct paternel2 mais du ct maternel1 ils se marient tous les degrs de cousinage4 ,brothers and sisters1 after they have reached years of maturity1 are no longer permitted to entertain any social intercourse with each other2 they are prohibited from keeping each other company even in the presence of a third person2 and if they casually meet they must instantly go out of the way or1 if that is impossible1 the sister must throw herself on the ground with her face downwards4 ,cet loignement1 ,m4 de ,rochas adds 7ibid4 p4 #bci71 qui n'est certes l'effet ni du mpris ni de l'inimiti1 me parait n d'une exagration draisonnable d'un sentiment naturel1 l'horreur de l'inceste4 ,sir ,j4 ,g4 ,frazer says that1 according to ,mr4 ,thomson1 the marriage of brothers with sisters has been practised among the ,masai2 but a later and1 as it seems1 better informed authority tells us that the ,masai do not marry their near relations and that incest is unknown among them 7,hinde1 ,the ,last of the ,masai1 p4 #gf74 ,again1 the statement that among the ,obongos1 a dwarf race in ,west ,africa1 sisters marry with brothers1 is only based on information derived from another people1 the ,ashangos1 who have a strong antipathy to them 7,du ,chaillu1 ,journey to ,ashango-,land1 p4 #cbj74 ,liebich's assertion 7,die ,zigeuner1 p4 #di7 that the ,gypsies allow a brother to marry his sister is certainly not true of the ,gypsies of ,finland1 who greatly abhor incest 7,thesleff1 ',zigenarlif i ,finland1' in ,nya ,pressen1 #ahig1 no4 #cca ,b74 ,footnote #e3 ,bailey1 ',wild ,tribes of the ,veddahs of ,ceylon1' in ,trans4 ,ethn4 ,soc4 ,n4,s4 ii4 #bid sq4 ,footnote #f3 ,nevill1 ',vaeddas of ,ceylon1' in ,taprobanian1 i4 #agh4 ,as a rule1 the prohibited degrees are more numerous among peoples unaffected by modern civilisation than they are in more advanced communities1 the prohibitions in a great many cases referring even to all the members of the tribe or clan2 and the violation of these rules is regarded as a most heinous crime4#g ,footnote #g3 ,westermarck1 op4 cit4 p4 #big sqq4 ,the ,algonquins speak of cases where men have been put to death by their nearest kinsfolk for marrying women of their own clan4#h ,among the ,asiniboin1 a ,siouan tribe1 a chief can commit murder with impunity if the murdered person be without friends1 but if he married within his gens he would be dismissed1 on account of the general disgust which such a union would arouse4#i ,the ,hottentots used to punish alliances between first or second cousins with death4#aj ,a ,bantu of the coast region considers similar unions to be something horrible1 something unutterably disgraceful4#aa ,the ,busoga of the ,uganda #cfg ,protectorate held in great abhorrence anything like incest even amongst domestic animals4#ab ,among the ,kandhs of ,india intermarriage between persons of the same tribe1 however large or scattered1 is considered incestuous and punishable with death4#ac ,in the ,malay ,archipelago submersion is a common punishment for incest1#ad but among certain tribes the guilty parties are killed and eaten#ae or buried alive4#af ,in ,efate1 of the ,new ,hebrides1 it would be a crime punishable with death for a man or woman to marry a person belonging to his or her mother's clan2#ag and the ,mortlock ,islanders are said to inflict the same punishment upon anybody who has sexual intercourse with a relative belonging to his own tribe4#ah ,nowhere has marriage been bound by more severe laws than among the ,australian aborigines4 ,their tribes are grouped in exogamous subdivisions1 the number of which varies2 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 death4#ai ,footnote #h3 ,frazer1 ,totemism1 p4 #ei4 ,footnote #i3 ,dorsey1 ',siouan ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 xv4 #bbd4 ,footnote #aj3 ,kolben1 ,present ,state of the ,cape of ,good ,hope1 i4 #aee sq4 ,footnote #aa3 ,theal1 ,history of the ,boers in ,south ,africa1 p4 #af4 ,footnote #ab3 ,johnston1 ,uganda ,protectorate1 ii4 #gai4 ,footnote #ac3 ,macpherson1 quoted by ,percival1 ,land of the ,veda1 p4 #cde4 ,cf4 ,hunter1 ,annals of ,rural ,bengal1 iii4 #ha4 ,footnote #ad3 ,wilken1 ,huwelijken tusschen bloedverwanten1 p4 #bf sq4 ,riedel1 ,de sluik- en kroesharige rassen tusschen ,selebes en ,papua1 p4 #dfj4 ,footnote #ae3 ,wilken1 ,over de verwantschap en het huwelijks- en erfrecht bij de volken van het maleische ras1 p4 #ah4 ,footnote #af3 ,glimpses of the ,eastern ,archipelago1 p4 #aje4 ,footnote #ag3 ,macdonald1 ,oceania1 p4 #aha sq4 ,footnote #ah3 ,kubary1 ',die ,bewohner der ,mortlock ,inseln1' in ,mittheil4 d4 ,geogr4 ,gesellsch4 in ,hamburg1 #ahgh-i1 p4 #bea4 ,footnote #ai3 ,westermarck1 op4 cit4 p4 #bii sq4 ,see1 besides the authorities quoted there1 ,roth1 ,ethnol4 ,studies among the ,north-,west-,central ,queensland ,aborigines1 p4 #ahb2 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #ae4 ,not less intense is the horror of incest among nations that have passed beyond savagery and barbarism4 ,among the ,chinese incest with a grand-uncle1 a father's first cousin1 a brother1 or a nephew1 is punishable by death1 and a man who marries his mother's sister is strangled2 nay1 punishment is inflicted even on him who marries a person with the same surname as his own1 sixty blows being the penalty4#bj ,so also incest was held in the utmost horror by the so-called ,aryan peoples in ancient times4#ba ,in the ',institutes of ,vishnu' it is said that sexual intercourse #cfh with one's mother or daughter or daughter-in-law is a crime of the highest degree1 for which there is no other atonement than to proceed into the flames4#bb ,footnote #bj3 ,medhurst1 ',marriage1 ,affinity1 and ,inheritance in ,china1' in ,trans4 ,roy4 ,asiatic ,soc4 ,china ,branch1 iv4 #ba sqq4 ,footnote #ba3 ,leist1 ,alt-arisches ,jus ,gentium1 p4 #cid sq4 ,footnote #bb3 ,institutes of ,vishnu1 xxxiv4 #a sq4 ,various theories have been set forth to account for the prohibition of marriage between near kin4 ,i criticised some of them in my book on the ',history of ,human ,marriage1' and ventured at the same time on an explanation of my own4#bc ,i pointed out that there is an innate aversion to sexual intercourse between persons living very closely together from early youth1 and that1 as such persons are in most cases related by blood1 this feeling would naturally display itself in custom and law as a horror of intercourse between near kin4 ,indeed1 an abundance of ethnographical facts seem to indicate that it is not in the first place by the degree of consanguinity1 but by the close living together1 that prohibitory laws against intermarriage are determined4 ,thus many peoples have a rule of exogamy which does not depend on kinship at all1 but on purely local considerations1 all the members of a horde or village1 though not related by blood1 being forbidden to intermarry4#bd ,the prohibited degrees are very differently defined in the customs or laws of different nations1 and it appears that the extent to which relatives are prohibited from intermarrying is nearly connected with their close living together4 ,very often the prohibitions against incest are more or less one-sided1 applying more extensively either to the relatives on the father's side or to those on the mother's1 according as descent is reckoned through men or women4 ,now1 since #cfi the line of descent is largely connected with local relationships1 we may reasonably infer that the same local relationships exercise a considerable influence on the table of prohibited degrees4 ,however1 in a large number of cases prohibitions of intermarriage are only indirectly influenced by the close living together4#be ,aversion to the intermarriage of persons who live in intimate connection with one another has called forth prohibitions of the intermarriage of relations2 and1 as kinship is traced by means of a system of names1 the name comes to be considered identical with relationship4 ,this system is necessarily one-sided4 ,though it will keep up the record of descent either on the male or female side1 it cannot do both at once2#bf and the line which has not been kept up by such means of record1 even where it is recognised as a line of relationship1 is naturally more or less neglected and soon forgotten4 ,hence the prohibited degrees frequently extend very far on the one side--to the whole clan--but not on the other4 ,it should also be remembered that1 according to primitive ideas1 the name itself constitutes a mystic link between those who have it in common4 ,in ,greenland1 as everywhere else1 says ,dr4 ,nansen1 the name is of great importance2 it is believed that there is a spiritual affinity between two people of the same name4#bg ,generally speaking1 the feeling that two persons are intimately connected in some way or other may1 through an association of ideas1 give rise to the notion that marriage or sexual intercourse between them is incestuous4 ,hence the prohibitions of marriage between relations by alliance and by adoption4 ,hence1 too1 the prohibitions of the ,roman and ,greek ,churches on the ground of what is called spiritual relationship4 ,footnote #bc3 ,westermarck1 op4 cit4 p4 #caj sqq4 ,footnote #bd3 ,herr ,cunow 7,die ,verwandtschafts-,organisationen der ,australneger1 p4 #ahg7 finds this argument rather peculiar1 and offers himself a different explanation of the rule in question4 ,he writes3--,in der ,wirklichkeit erklrt sich das ,verbot einfach daraus1 dass sehr oft die ,lokalgruppe mit dem ,geschlechtsverband beziehungsweise dem ,totemverband kongruirt1 und demnach das was fr die ,gens gilt1 zugleich auch fr die ,lokalgruppe ,geltung hat4 ,this1 however1 is only ,herr ,cunow's own inference4 ,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 together1 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 kindred4 ,footnote #be3 ,i do not understand how any reader of my book can1 like ,herr ,cunow 7op4 cit4 p4 #ahf sqq471 attribute to me the statement that the group within which intermarriage is prohibited is identical with the group of people who live closely together4 ,if he had read a little more carefully what ,i have said1 he might have saved himself the trouble he has taken to prove my great ignorance of early social organisations4 ,footnote #bf3 ,cf4 ,tylor1 ,early ,history of ,mankind1 p4 #bhe sq4 ,footnote #bg3 ,nansen1 ,eskimo ,life1 p4 #bcj4 #cgj ,the question arises3--,how has this instinctive aversion to marriage and sexual intercourse in general between persons living closely together from early youth originated8 ,i have suggested that it may be the result of natural selection4 ,darwin's careful studies of the effects of cross- and self-fertilisation in the vegetable kingdom1 the consensus of opinion among eminent breeders1 and experiments made with rats1 rabbits1 and other animals1 seem to have proved that self-fertilisation of plants and close inter-breeding of animals are more or less injurious to the species2 and it is probable that the evil chiefly results from the fact that the uniting sexual elements were not sufficiently differentiated4 ,now it is impossible to believe that a physiological law which holds good of the rest of the animal kingdom1 as also of plants1 would not apply to man as well4 ,but it is difficult to adduce direct evidence for the evil effects of consanguineous marriages4 ,we cannot expect very conspicuous results from other alliances than those between the nearest relatives--between brothers and sisters1 parents and children1--and the injurious results even of such unions would not necessarily appear at once4 ,the closest kind of intermarriage which we have opportunities of studying is that between first cousins4 ,unfortunately1 the observations hitherto made on the subject are far from decisive4 ,yet it is noteworthy that of all the writers who have discussed it the majority1 and certainly not the least able of them1 have expressed their belief in marriages between first cousins being more or less unfavourable to the offspring2 and no evidence which can stand the test of scientific investigation has hitherto been adduced against this view4 ,moreover1 we have reason to believe that consanguineous marriages are much more injurious in savage regions1 where the struggle for existence is often very severe1 than they have proved to be in civilised societies1 especially as it is among the well-to-do classes that such marriages occur most frequently4 ,taking all these facts into consideration1 ,i am inclined to think that consanguineous marriages are in some way or #cga other detrimental to the species4 ,and here ,i find a quite sufficient explanation of the horror of incest2 not because man at an early stage recognised the injurious influence of close intermarriage1 but because the law of natural selection must inevitably have operated4 ,among the ancestors of man1 as among other animals1 there was no doubt a time1 when blood-relationship was no bar to sexual intercourse4 ,but variations1 here as elsewhere1 would naturally present themselves--we know how extremely liable to variations the sexual instinct is2 and those of our ancestors who avoided in-and-in breeding would survive1 while the others would gradually decay and ultimately perish4 ,thus a sentiment would be developed which would be powerful enough1 as a rule1 to prevent injurious unions4 ,of course it would display itself1 not as an innate aversion to sexual connections with near relatives as such1 but as an aversion on the part of individuals to union with others with whom they lived2 but these1 as a matter of fact1 would be blood-relations1 so that the result would be the survival of the fittest4 ,whether man inherited this sentiment from the predecessors from whom he sprang1 or whether it was developed after the evolution of distinctly human qualities1 we cannot know4 ,it must have arisen at a stage when family ties became comparatively strong1 and children remained with their parents until the age of puberty or even longer4 ,and exogamy1 resulting from a natural extension of this sentiment to a larger group1 would arise when single families united into hordes4 ,this attempt to explain the prohibition of marriage between kindred and exogamy has not lacked sympathetic support1#bh but more commonly1 ,i think1 it has been rejected4 ,yet after a careful consideration of the various objections raised against it ,i find no reason to alter my opinion4 ,some of my opponents have evidently failed to grasp the #cgb argument on which the theory is based4 ,thus ,professor ,robertson ,smith argued that it begins by presupposing the very custom which it professes to explain1 the custom of exogamy2 that it postulates the existence of groups which through many generations 7for the survival of the fittest implies this7 avoided wiving within the group4#bi ,but what my theory postulates is not the existence of exogamous groups1 but the spontaneous appearance of individual sentiments of aversion4 ,and if1 as ,mr4 ,andrew ,lang maintains1 my whole argument is a vicious circle1#cj then the theory of natural selection itself is a vicious circle1 since there never could be a selection of qualities that did not exist before4 ,footnote #bh3 ,a4 ,r4 ,wallace1 in his ',introductory ,note' to my ,history of ,human ,marriage1 p4 vi4 ,giddings1 ,principles of ,sociology1 p4 #bfg4 ,howard1 ,history of ,matrimonial ,institutions1 i4 #abe sqq4 ,sir ,e4 ,b4 ,tylor 7in ,academy1 xl4 #bhi7 says with regard to my theory that1 at any rate1 ,i am well on the track4 ,see also ,crooke1 ,tribes and ,castes of the ,north-,western ,provinces and ,oudh1 i4 pp4 clxxix1 clxxx1 ccii4 ,footnote #bi3 ,robertson ,smith1 in ,nature1 xliv4 #bga4 ,footnote #cj3 ,lang1 ,social ,origins1 p4 #cc4 ,it has been argued that if close living together calls forth aversion to sexual intercourse1 such aversion ought to display itself between husband and wife as well as between near relatives4#ca ,but these cases are certainly not identical4 ,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 question4#cb ,on the other hand1 when a man marries a woman his feeling towards her is of a very different kind1 and his love impulse may remain1 nay increase1 during the conjugal union2 though even in this case long living together has undoubtedly a tendency to lead to sexual indifference and sometimes to positive aversion4 ,the opinion that the home is kept free from incestuous intercourse only by law1 custom1 and education1#cccgc shows lack of discrimination4 ,law may forbid a son to marry his mother1 a brother to marry his sister1 but it could not prevent him from desiring such a union4 ,have the most draconic codes ever been able to suppress1 say1 homosexual love8 ,as ,plato observed1 an unwritten law defends as sufficiently as possible parents from incestuous intercourse with their children1 brothers from intercourse with their sisters2 nor does the thought of such a thing ever enter at all into the minds of most of them4#cd ,considering the extreme variability to which the sexual impulse is subject1 it is not astonishing that cases of what we consider incestuous intercourse sometimes do occur4 ,it seems to me more remarkable that the abhorrence of incest should be so general1 and the exceptions to the rule so few4 ,footnote #ca3 ,durkheim1 ',la prohibition de l'inceste et ses origines1' in ,l'anne sociologique1 i4 #fd4 ,professor ,durkheim refers in this connection to an article by ,dr4 ,simmel1 ',die ,verwandtenehe1' in ,vossische ,zeitung1 ,june #crd and #ajth1 #ahid4 ,but ,i cannot find that ,dr4 ,simmel is really opposed to my view4 ,he only says1 ,das intime ,beisammenleben wirkt keineswegs nur abstumpfend1 sondern in vielen ,fllen gerade anreizend1 sonst wrde die alte ,erfahrung nicht gelten1 dass die ,liebe1 wo sie beim ,eingehen der ,ehe fehlte1 oft im ,laufe derselben entsteht4 ,footnote #cb3 ,cf4 ,bentham1 ,theory of ,legislation1 p4 #bbj3--;,individuals accustomed to see each other and to know each other1 from an age which is neither capable of conceiving the desire nor of inspiring it1 will see each other with the same eyes to the end of life4 ,footnote #cc3 ,for advocates of such a view see ,westermarck1 op4 cit4 p4 #caj sqq4 ,more recently it has been expressed by ,krauss1 in ,am ,ur-,quell1 iv4 #aea1 and ,finck1 ,primitive ,love1 p4 #di4 ,footnote #cd3 ,plato1 ,leges1 viii4 #hch4 ,among the ,maoris of ,new ,zealand1 according to ,mr4 ,colenso 7,maori ,races1 p4 #dg sq471 adult brothers and sisters slept together1 as they had always done from their birth1 not only without sin1 but without thought of it4 ,dr4 ,havelock ,ellis1 again1 objects that my theory assumes the existence of a kind of instinct which can with difficulty be accepted4 ,an innate tendency1 he says1 at once so specific and so merely negative1 involving at the same time deliberate intellectual processes1 can only with a certain force be introduced into the accepted class of instincts4 ,it is as awkward and artificial an instinct as would be1 let us say1 an instinct to avoid eating the apples that grew in one's own orchard4 ,the explanation of the abhorrence of incest is really1 however1 exceedingly simple4 4 4 4 ,the normal failure of the pairing instinct to manifest itself in the case of brothers and sisters1 or of boys and girls brought up together from infancy1 is a merely negative phenomenon due to the inevitable absence under those circumstances of the conditions which evoke the pairing impulse4 4 4 4 ,between those who have been brought up together from childhood all the sensory stimuli of vision1 hearing1 and touch have been dulled by use1 trained to the calm level of affection1 and deprived of their potency to #cgd arouse the erethistic excitement which produces sexual tumescence4#ce ,i think that ,dr4 ,ellis has considerably exaggerated the difference between my theory and his own4 ,the instinct of which ,i have spoken is simply aversion to sexual intercourse with certain persons1 and this is a no more complicated mental phenomenon than1 for instance1 an animal's aversion to eating certain kinds of substances4 ,indeed1 ,dr4 ,ellis himself1 in his excellent ',studies in the ,psychology of ,sex1' gives us many instances not only of sexual indifference1 but of sexual aversion1 quite instinctive in character4#cf ,thus the largest proportion of male inverts described by him experience what is called horror femin1 that is to say1 woman as an object of sexual desire is disgusting 7not merely indifferent7 to them4#cg ,and ,dr4 ,ellis also repeatedly speaks of the abhorrence of incest4 ,footnote #ce3 ,havelock ,ellis1 ,studies in the ,psychology of ,sex1 ',sexual ,selection in ,man1' p4 #bje sq4 ,footnote #cf3 ,i have been blamed for making an illegitimate use of the word instinct 7,crawley1 ,the ,mystic ,rose p4 #ddf74 ,but if1 as ,dr4 ,ellis says1 an instinct is fundamentally a more or less complicated series of reflexes set in action by a definite stimulus1 or as ,mr4 ,crawley puts it 7op4 cit4 p4 #ddf71 instinct has nothing in its content except response of function to environment1 then the aversion ,i speak of may certainly be called an instinct4 ,footnote #cg3 ,havelock ,ellis1 op4 cit4 p4 #afd4 ,the objection has been raised that1 if my explanation of the prohibition of incest were correct1 connections between unrelated persons who have been brought up together should be as repulsive as connections between near kin2 whereas1 as a matter of fact1 the two cases are regarded in a very different light1 the latter1 only1 being held incestuous4#ch ,much1 of course1 depends on the closeness of the union1 and ,dr4 ,steinmetz's argument that the very sensual ,frenchmen often seem to marry the lady friends of their earliest youth1#ci is certainly not to the point4 ,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 daughter2 and among some peoples marriages between persons who have been brought up together in the same family or who #cge belong to the same local group1 without being related to each other by blood1 are held blamable or are actually prohibited4#dj ,even between lads and girls who have been educated in the same school there is a remarkable absence of erotic feelings1 as appears from an interesting communication by a person who has for many years been the head-mistress of such a school in ,finland4 ,one youth assured her that neither he nor any of his friends would ever think of marrying a girl who had been their school fellow2#da and ,i heard of a lad who made a great distinction between girls of his own school and other1 real1 girls1 as he called them4 ,yet however objectionable and unnatural unions between foster-parents and foster-children or between foster-brothers and foster-sisters may appear to us1 ,i do not deny that unions between the nearest blood-relatives inspire a horror of their own2 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 kindred4 ,such unions have been stigmatised by custom1 law1 and religion1 whilst much less notice has been taken of intercourse between unrelated persons who may occasionally have grown up in the same household4 ,the belief in the supernatural1 especially1 has played a very important part in the ideas referring to incest1 as in other points of sexual morality1 owing to the mystery which surrounds everything connected with the function of reproduction4#db ,the ,aleuts in early times believed that incest1 which they considered the gravest crime1 was always followed by the birth of monsters with walrus tusks1 beards1 and other disfigurations4#dc ,the ,kafirs #cgf likewise maintain that the offspring of an incestuous union will be a monster1 as a punishment inflicted by the ancestral spirit4#dd ,the ,bataks of ,sumatra regard a long drought as a decisive proof that two cousins have had criminal intercourse with each other4#de ,the ,galelarese think that incest calls forth alarming natural phenomena1 such as earthquakes1 the eruption of a volcano1 or torrents of rain4#df ,so also the higher religions have branded incest as a heinous sin4 ,as for ,christianity's views on the subject1 it is sufficient to notice that the prohibited degrees were extended by the ,church1#dg and that the jurisdiction over incest1 as over all sexual offences1 was exercised by the ecclesiastical courts4#dh ,footnote #ch3 ,steinmetz1 ',die neueren ,forschungen zur ,geschichte der menschlichen ,familie1' in ,zeitschr4 f4 ,socialwiss4 ii4 #hah sq4 ,footnote #ci3 ,ibid4 ii4 #hah4 ,footnote #dj3 ,westermarck1 op4 cit4 p4 #cba sqq4 ,among the ,western ,islanders of ,torres ,straits marriage was forbidden1 with a remarkable delicacy of feeling1 to the sister of a man's particular friend 7,haddon1 ',ethnology of the ,western ,tribe of ,torres ,straits1' in ,jour4 ,anthr4 ,inst4 xix4 #cae74 ,footnote #da3 ,lucina ,hagman1 ',frn samskolan1' in ,humanitas1 ii4 #ahh sq4 ,footnote #db3 ,for the connection between religious feelings and the sexual impulse1 see ,vallon and ,marie1 ',des psychoses religieuses1' in ,archives de ,neurologie1 ser4 ii4 vol4 iii4 #ahd sq42 ,gadelius1 ,om tvngstankar1 p4 #abj sq42 ,starbuck1 ,psychology of ,religion1 p4 #dja sqq4 ,footnote #dc3 ,veniammof1 quoted by ,petroff1 ,report on ,alaska1 p4 #aee4 ,footnote #dd3 ,shooter1 ,kafirs of ,natal1 p4 #de4 ,footnote #de3 von ,brenner1 ,besuch bei den ,kannibalen ,sumatras1 p4 #bab4 ,footnote #df3 van ,baarda1 ',fabelen1 verhalen en overleveringen der ,galelareezen1' in ,bijdragen tot de taal-1 land- en volkenkunde van ,nederlandsch-,indi1 xlv4 7ser4 vi4 vol4 #a47 p4 #ead4 ,see also ,frazer1 ,golden ,bough1 ii4 #bab sq4 ,footnote #dg3 ,westermarck1 op4 cit4 p4 #cjh4 ,katz1 ,grundriss des kanonischen ,strafrechts1 p4 #aaf sq4 ,footnote #dh3 ,stephen1 ,history of the ,criminal ,law of ,england1 ii4 #daa4 ,it has1 finally1 been argued that my theory utterly fails to explain the fact that prohibitions of intermarriage frequently refer to all the members of a clan1 even those who live in different localities4#di ,in addition to what ,i have previously observed on this point1 ,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-exogamy4 ,thus ,professor ,durkheim1 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 together1 is himself quite ready to resort to analogy to explain prohibitions extending outside the totem clan4 ,he tries to show that clan-exogamy is the source of all other prohibitions against incest1 and that clan-exogamy itself springs from totemism4#ej ,according #cgg to him the rule of clan-exogamy has been extended to near relatives belonging to different clans1 because they are in no less intimate contact with each other than are the members of the same clan4 ,according to my own theory1 again1 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 name4 ,if ,i consider ,professor ,durkheim's hypothesis extremely unsatisfactory1#ea it is certainly not because he has called in the law of association to explain the rules against incest4 ,how could anybody deny the operation of this law for instance in the ,roman ,catholic prohibition of marriage between co-sponsors1 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 bride1#eb or in laws prohibiting marriage between relatives by alliance8 ,and why might not the #cgh same law be applied to other relationships also1 such as those constituted by a common descent or a common name8 ,footnote #di3 ,cunow1 op4 cit4 p4 #ahe4 ,durkheim1 in ,l'anne sociologique1 i4 #ci1 n4 #b4 ,steinmetz1 in ,zeitschr4 f4 ,socialwiss4 ii4 #hai4 ,footnote #ej3 ,prof4 ,durkheim says 7,l'anne sociologique1 i4 #ej73--,le sang est tabou d'une manire gnrale et il taboue tout ce qui entre en rapports avec lui4 4 4 4 ,la femme est1 d'une manire chronique1 le thtre de manifestations sanglantes4 4 4 4 ,la femme est donc1 elle aussi1 et d'une manire galement chronique1 tabou pour les autres membres du clan4 ,however1 the taboo is not restricted to the members of the clan1 but refers also to near relatives belonging to different clans1 and this has to be explained4 ,m4 ,durkheim writes 7ibid4 p4 #ai73--,quand on a pris l'habitude de regarder comme incestueux et abominables les rapports conjugaux de sujets qui sont nominalement du mme clan1 les rapports similaires d'individus qui1 tout en ressortissant verbalement des clans diffrents1 sont pourtant en contact aussi ou plus intime que les prcdents1 ne peuvent manquer de prendre le mme caractre4 ,and further 7ibid4 p4 #eh73--,quand le totmisme disparat1 et avec lui la parent spciale au clan1 l'exogamie devient solidaire des nouveaux types de famille qui se constituent et qui reposent sur d'autres bases1 et comme ces families sont plus restreintes que n'tait le clan1 elle se circonscrit1 elle aussi1 dans un cercle moins tendu2 le nombre des individus entre lesquels le mariage est prohib diminue4 ,c'est ainsi que1 par une volution graduelle1 elle en est arrive l'tat actuel o les mariages entre ascendants et descendants1 entre frres et soeurs1 sont peu prs les seuls qui soient radicalement interdits4 ,footnote #ea3 ,professor ,durkheim tries to explain a phenomenon of universal prevalence through an institution which has been proved to exist among certain peoples only4 ,how does ,professor ,durkheim know that totem clans once prevailed among all peoples who now prohibit the intermarriage of near relatives8 ,if the rules which prevent parents from marrying their children and brothers from marrying their sisters are survivals of ancient totemism1 how shall we explain the normal aversion to such unions8 ,ancient totemism can certainly not account for this4 ,but then the coincidence between these two facts--the legal prohibition of incest and the psychical aversion to it--is merely accidental2 and this seems to me a preposterous supposition4 ,see infra1 ,additional ,notes4 ,footnote #eb3 ,maine1 ,dissertations1 p4 #beg sq4 99 99 99 99 99 ,there is not only an inner circle within which no marriage is allowed1 but also an outer circle outside of which marriage is either prohibited or at least disapproved of4 ,like the inner circle1 the outer one varies greatly in extent4#ec ,probably every people considers it a disgrace1 if not a crime1 for its men1 and even more so for its women1 to marry within a race very different from its own1 especially if it be an inferior race4 ,the ,romans were prohibited from marrying barbarians--the emperor ,valentinian inflicted the penalty of death for such unions2#ed and a modern ,european girl who married an ,australian native would no doubt be regarded as an outcast by her own society4 ,among many peoples marriage very seldom or never takes place outside the limits of the tribe or community4 ,in ,india there are several instances of this4 ,the ,tipperahs and ,abors view with abhorrence the idea of their girls marrying out of their clan2#ee and ,colonel ,dalton was gravely assured that1 when one of the daughters of ,pdam so demeans herself1 the sun and moon refuse to shine1 and there is such a strife in the elements that all labour is necessarily suspended1 till by sacrifice and oblation the stain is washed away4#ef ,in ancient ,peru it was not lawful for the natives of one province or village to intermarry with those of another4#eg ,marriage with foreign women was unlawful at ,sparta and ,athens4#eh ,at ,rome any marriage of a citizen with a woman who was not herself a ,roman citizen1 or did not belong to a community possessing the privilege of connubium with ,rome1 was invalid1 and no legitimate children could be born of such a union4#ei ,footnote #ec3 ,westermarck1 op4 cit4 p4 #cfc sqq4 ,footnote #ed3 ,rossbach1 ,rmische ,ehe1 p4 #dfe4 ,footnote #ee3 ,lewin1 ,wild ,races of ,south-,eastern ,india1 p4 #bja4 ,footnote #ef3 ,dalton1 ,ethnology of ,bengal1 p4 #bh4 ,footnote #eg3 ,garcilasso de la ,vega1 ,first ,part of the ,royal ,commentaries of the ,yncas1 i4 #cjh4 ,footnote #eh3 ,mller1 ,history of the ,doric ,race1 ii4 #cjb4 ,hearn1 ,the ,aryan ,household1 p4 #aef sq4 ,footnote #ei3 ,gaius1 ,institutiones1 i4 #ef4 #cgi ,prohibitions of intermarriage also very often relate to persons belonging to different classes or castes of the same community4#fj ,to mention a few instances4 ,the wild tribes of ,brazil consider alliances between slaves and freemen highly disgraceful4#fa ,in ,tahiti1 if a woman of condition chose an inferior person as her husband1 the children he had by her were killed4#fb ,in the ,malay ,archipelago marriages between persons of different rank are1 as a rule1 disapproved of1 and in some places prohibited4#fc ,in ,india intermarriage between different castes1 though formerly permissible1 is now altogether prohibited4#fd ,in ,rome plebeians and patricians could not intermarry till the year #dde ,b4,c41 nor were marriages allowed between patricians and clients2 and ,cicero himself disapproved of intermarriages of ingenui and freedmen4#fe ,among the ,teutonic peoples in ancient times any freeman who married a slave became a slave himself4#ff ,as late as the thirteenth century a ,german woman who had intercourse with a serf lost her liberty2#fg and both in ,germany and ,scandinavia1 when the nobility emerged as a distinct order from the class of freemen1 marriages between persons of noble birth and persons who1 although free1 were not noble came to be considered misalliances4#fh ,even in modern ,europe there survive traces of the former class endogamy4 ,according to ,german ,civil ,law1 the marriage of a man belonging to the high nobility with a woman of inferior birth is still regarded as a disparagium1 and the woman is not entitled to the rank of her husband1 nor is the full right of inheritance possessed by her or her children4#fi ,although in no way prevented by law1 marriages out of #chj the class are generally avoided by custom4 ,as ,sir ,henry ,maine observes1 the outer or endogamous limit1 within which a man or woman must marry1 has been mostly taken under the shelter of fashion or prejudice4 ,it is but faintly traced in ,england1 though not wholly obscured4 ,it is 7or perhaps was7 rather more distinctly marked in the ,united ,states1 through prejudices against the blending of white and coloured blood4 ,but in ,germany certain hereditary dignities are still forfeited by a marriage beyond the forbidden limits2 and in ,france1 in spite of all formal institutions1 marriages between a person belonging to the noblesse and a person belonging to the bourgeoisie 7distinguished roughly from one another by the particle 'de'7 are wonderfully rare1 though they are not unknown4#gj ,footnote #fj3 ,westermarck1 op4 cit4 p4 #cfh sqq4 ,footnote #fa3 von ,martius1 ,beitrge zur ,ethnographie ,amerika's1 i4 #ga4 von ,spix and von ,martius1 ,travels in ,brazil1 ii4 #gd4 ,footnote #fb3 ,ellis1 ,polynesian ,researches1 i4 #bef4 ,cook1 ,voyage to the ,pacific ,ocean1 ii4 #aga sq4 ,footnote #fc3 ,westermarck1 op4 cit4 p4 #cga4 ,footnote #fd3 ,monier-,williams1 ,hinduism1 p4 #aee4 ,footnote #fe3 ,mommsen1 ,history of ,rome1 i4 #cga4 ,rossbach1 op4 cit4 pp4 #bdi1 #def sq4 ,footnote #ff3 ,winroth1 ktenskapshindren1 p4 #bbg4 ,footnote #fg3 ,ibid4 p4 #bcj sq4 ,weinhold1 ,deutsche ,frauen in dem ,mittelalter1 i4 #cdi1 #cec sq4 ,footnote #fh3 ,weinhold1 op4 cit4 i4 #cdi sq4 ,footnote #fi3 ,behrend1 in von ,holtzendorff1 ,encyclopdie der ,rechtswissenschaft1 i4 #dgh4 ,footnote #gj3 ,maine1 ,dissertations on ,early ,law and ,custom1 p4 #bbd sq4 ,religion1 also1 has formed a great bar to intermarriage4 ,among ,muhammedans a marriage between a ,christian man and a ,muhammedan woman is not permitted under any circumstances1 whereas it is held lawful for a ,muhammedan to marry a ,christian or a ,jewish1 but not a heathen1 woman1 if induced to do so by excessive love of her1 or if he cannot obtain a wife of his own religion4#ga ,the ,jewish law does not recognise marriage with a person of another belief2#gb and during the ,middle ,ages marriage between ,jews and ,christians was prohibited by the ,christians also4#gc ,st4 ,paul indicates that a ,christian was not allowed to marry a heathen4#gd ,tertullian calls such an alliance fornication2#ge and in the fourth century the ,council of ,elvira forbade ,christian parents to give their daughters in marriage to heathens4#gf ,even the adherents of different ,christian confessions have been prohibited from intermarrying4 ,in #cha the ,roman ,catholic ,church the prohibition of marriage with heathens and ,jews was soon followed by the prohibition of mixed marriages1 and ,protestants likewise forbade such unions4#gg ,mixed marriages are not now contrary to the civil law either among ,roman ,catholic or ,protestant nations1 but in countries belonging to the ,orthodox ,greek ,church ecclesiastical restrictions have been adopted1 and are still recognised1 by the ,state4#gh ,footnote #ga3 ,lane1 ,manners and ,customs of the ,modern ,egyptians1 i4 #abc4 d',escayrac de ,lauture1 ,die afrikanische ,wste1 p4 #fh4 ,footnote #gb3 ,frankel1 ,grundlinien des mosaisch-talmudischen ,eherechts1 p4 xx4 ,ritter1 ,philo und die ,halacha1 p4 #ga4 ,footnote #gc3 ,andree1 ,zur ,volkskunde der ,juden1 p4 #dh4 ,neubauer1 ',notes on the ,race-,types of the ,jews1' in ,jour4 ,anthr4 ,inst4 xv4 #ai4 ,footnote #gd3 #a ,corinthians1 vii4 #ci4 ,footnote #ge3 ,tertullian1 ,ad uxorem1 ii4 #c 7,migne1 ,patrologi cursus1 i4 #abib sq474 ,footnote #gf3 ,concilium ,eliberitanum1 cap4 #ae sq4 7,labbe-,mansi1 ,sacrorum ,conciliorum collectio1 ii4 #h74 ,see also ,mller1 ,das sexuelle ,leben der christlichen ,kulturvlker1 p4 #ed4 ,footnote #gg3 ,winroth1 op4 cit4 p4 #bac sqq4 ,footnote #gh3 ,ibid4 p4 #bbj sq4 ,the endogamous rules are in the first place due to the proud antipathy people feel to races1 nations1 classes1 or religions different from their own4 ,he who breaks such a rule is regarded as an offender against the circle to which he belongs4 ,he hurts its feelings1 he disgraces it at the same time as he disgraces himself4 ,irregular connections outside the endogamous circle are often looked upon with less intolerance than marriage1 which places the parties on a more equal footing4 ,a traveller relates that at ,djidda1 where sexual morality is held in little respect1 a ,bedouin woman may yield herself for money to a ,turk or ,european1 but would think herself for ever dishonoured if she were joined to him in lawful wedlock4#gi ,in ,rome contubernium1 but not marriage1 could take place between freemen and slaves4#hj ,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 her4 ,footnote #gi3 de ,gobineau1 ,moral and ,intellectual ,diversity of ,races1 p4 #agd1 n4 #a4 ,cf4 d',escayrac de ,lauture1 op4 cit4 p4 #aee4 ,footnote #hj3 ,westermarck1 op4 cit4 p4 #cgb4 ,modern civilisation tends more or less to pull down the barriers which separate races1 nations1 the various classes of society1 and the adherents of different religions4 ,the endogamous rules have thus become less stringent and less restricted4 ,whilst civilisation has narrowed the inner limit within which a man or woman must not marry1 it has widened the outer limit within which a man or woman may marry1 and generally marries4 ,the latter of these processes has been one of vast importance in man's history4 #chb ,originating in race- or class-pride1 or in religious intolerance1 the endogamous rules have in their turn helped to keep up and to strengthen these feelings4 ,frequent intermarriages1 on the other hand1 must have the very opposite effect4 ,like the rules referring to the choice of partners1 so the modes of contracting marriage and the ideas as to what in this respect is right and proper have undergone successive changes4 ,the practice of capturing wives prevails in certain parts of the world1 and traces of it are met with in the marriage ceremonies of several peoples1 indicating that it occurred more frequently in past ages4#ha ,this practice1 as it seems to me1 has chiefly sprung from the aversion to close intermarriage1 together with the difficulty a savage man may have in procuring a wife in a friendly manner1 without giving compensation for the loss he inflicts on her family4 ,we may imagine that it chiefly occurred at a stage of social growth where family ties had become stronger1 and man lived in small groups of nearly related persons1 but where the idea of barter had scarcely presented itself to his mind4 ,yet there is no reason to think that capture was at any period the exclusive form of contracting marriage2 its prevalence seems to have been much exaggerated by ,mc,lennan and his school4#hb ,it is impossible to believe that there ever was a time when friendly negotiations between families who could intermarry were altogether unknown4 ,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 history4 ,footnote #ha3 ,westermarck1 op4 cit4 ch4 xvii4 ,footnote #hb3 ,dr4 ,grosse 7,die ,formen der ,familie1 p4 #aje7 goes so far as to believe that marriage by capture has never been a form of marriage recognised by custom or law1 but only an occasional and punishable act of violence4 ,but1 as ,dr4 ,havelock ,ellis justly observes 7,studies in the ,psychology of ,sex1 ',analysis of the ,sexual ,impulse1' p4 #fb1 n4 #b71 this position is too extreme4 ,among most uncivilised peoples now existing a man has1 in some way or other1 to give compensation for his bride4#hc ,the simplest way of purchasing a wife is to give a kinswoman in exchange for her--a practice prevalent among #chc ,australian tribes4 ,much more common is the custom of obtaining a wife by services rendered to her father1 the man taking up his abode with the family of the girl for a certain time1 during which he works as a servant4 ,but the ordinary compensation for a girl is property paid to her father1 or in some cases to her uncle1 or to some other relatives as well as to the father4 ,marriage by exchange or purchase is not only general among existing lower races2 it occurs1 or formerly occurred1 among semi-civilised nations of a higher culture as well--in ,central ,america and ,peru1 in ,china and ,japan1 in the various branches of the ,semitic race1 in the past history of all so-called ,aryan peoples4 ,we have no evidence that it is a stage through which every race has passed2 we notice its absence among some of the rudest races with whom we are acquainted4 ,yet with much more reason than marriage by capture1 purchase of wives may be said to form a general stage in the social history of mankind4 ,although the two practices may occur simultaneously1 the former seems more often to have succeeded the latter1 as barter in general has followed upon robbery4 ,it has been suggested that the transition from marriage by capture to marriage by purchase was brought about in the following way3 abduction1 in spite of parents1 was the primary form2 then there came the offering of compensation to escape vengeance2 and this grew eventually into the making of presents or paying a sum beforehand4#hd ,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 marriage4 ,the girl was regarded more or less in the light of property1 to take her away from her owner without his consent was theft4 ,to claim a compensation for her was his right1 or even his duty4 ,the ,indians in ,columbia consider it in the highest degree disgraceful to the girl's family if she is given away without a price2#he and in certain tribes of ,california #chdthe children of a woman for whom no money was paid are accounted no better than bastards1 and the whole family are condemned4#hf ,footnote #hc3 ,westermarck1 op4 cit4 p4 #cij sqq4 ,footnote #hd3 ,koenigswarter1 tudes historiques sur le developpement de la socit humaine1 p4 #ec4 ,spencer1 ,principles of ,sociology1 i4 #fbe4 ,footnote #he3 ,bancroft1 ,native ,races of the ,pacific ,states1 i4 #bgg4 ,cf4 von ,weber1 ,vier ,jahre in ,afrika1 ii4 #bae sq4 7,kafirs74 ,footnote #hf3 ,powers1 ,tribes of ,california1 pp4 #bb1 #ef4 ,with progressing civilisation1 however1 the practice of purchasing wives has been gradually abandoned1 and come to be looked upon as infamous4 ,the wealthier classes took the first step1 and poorer and ruder persons subsequently followed their examples4 ,thus in ,india1 in ancient times1 the sura form1 or marriage by purchase1 was lawful for all the four castes4 ,afterwards it fell into disrepute1 and was prohibited among the ,brhmanas and ,kshatriyas1 whereas it was still approved of in the case of a ,vaisya and a ,sdra4 ,but in the ',laws of ,manu' it is forbidden altogether4#hg ,it is said there1 ,no father who knows the law must take even the smallest gratuity for his daughter2 for a man who1 through avarice1 takes a gratuity1 is a seller of his offspring4#hh ,the ,greeks of the historical age had ceased to buy their wives4 ,in ,rome confarreatio1 which suggested no idea of purchase1 was in the very earliest known time the form of marriage in force among the patricians2 and among clients and plebeians1 also1 the purchase of wives came to an end in remote antiquity1 surviving as a mere symbol in their comptio4#hi ,among the ,germans marriage by purchase was abolished only after their conversion to ,christianity4#ij ,in the ,talmudic law the purchase of wives appears as merely symbolical1 the bride-price being fixed at a nominal amount4#ia ,in ,china1 although marriage presents correspond exactly to purchase-money in a contract of sale1 the people will not hear of their being called a price2#ib which shows that here1 too1 some feeling of shame is attached to the idea of selling a daughter4 ,footnote #hg3 ,laws of ,manu1 iii4 #bc sqq4 ,footnote #hh3 ,ibid4 iii4 #ea4 ,cf4 ibid4 ix4 #ic1 #ih4 ,footnote #hi3 ,rossbach1 op4 cit4 pp4 #ib1 #adf1 #bdh1 #bej1 c4 ,footnote #ij3 ,grimm1 ,deutsche ,rechtsalterthmer1 p4 #dbd4 ,footnote #ia3 ,gans1 ,erbrecht1 i4 #ach4 ,footnote #ib3 ,jamieson1 ',marriage ,laws1' in ,china ,review1 x4 #gh n499 ,we may discern two different ways in which this #che gradual disappearance of marriage by purchase has taken place4 ,on the one hand1 the purchase became a symbol1 appearing as a sham sale in the marriage ceremonies or as an exchange of presents2 on the other hand1 the purchase sum was transformed into the morning gift and the dotal portion1 a part--afterwards the whole--being given to the bride either directly by the bridegroom or by her father4 ,these transformations of marriage by purchase have taken place not only in the history of the civilised nations1 but among several peoples who are still in a savage or semi-civilised state2 and of a few of them it is expressly stated that they consider marriage by purchase a disgraceful practice4#ic ,footnote #ic3 ,westermarck1 op4 cit4 p4 #dje sqq4 ,from marriage by purchase we have thus come to the practice of dower1 which is apparently the very reverse of it4 ,but whilst the marriage portion partly derives its origin from the purchase of wives1 it does not do so in every case4 ,it serves different ends1 often indissolubly mixed up together4 ,it may have the meaning of a return gift4 ,it may imply that the wife as well as the husband is expected to contribute to the expenses of the joint household4 ,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 otherwise4#id ,in the social history of the civilised races the marriage portion has played so prominent a part1 that1 as we have spoken of a stage of marriage by purchase1 we may speak of another and later stage where fathers are bound by custom or law to portion their daughters4 ,the ,jews#ie and ,muhammedans#if consider it a religious duty for a man to give a dower to his daughter4 ,in ,greece the dowry came to be thought almost necessary to make the distinction between a wife and a concubine4#ig ,isaeus says that no decent man would give his legitimate daughter less than a tenth of his #chf property2#ih indeed1 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 women4#ii ,in ,rome1 even more than in ,greece1 the marriage portion became a mark of distinction for a legitimate wife2#ajj and though later on ,justinian in several of his constitutions declares that dos is obligatory for persons of high rank only1#aja the old custom did not fall into desuetude4#ajb ,the ,prussian ',landrecht' still prescribes that the father1 or eventually the mother1 shall arrange about the wedding and fit up the house of the newly-married couple4#ajc ,according to the ',code ,napolon1' on the other hand1 parents are not bound to give a dower to their daughters1#ajd and the same principle is generally adopted by modern legislation4 ,it is true that especially in the so-called ,latin countries there is still a strong tendency to dotation1#aje but another feeling1 in some measure opposed to it1 is gaining ground everywhere4 ,in a society where monogamy is prescribed by law1 where the adult women outnumber the adult men1 where many men never marry1 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 daughter1 as formerly a man bought a wife from her father4 ,but1 as ,mr4 ,sutherland observes1 that pecuniary interests1 either on one side or on the other1 should conspicuously enter into the motives which lead to marriage1 becomes repulsive to the increasing delicacy of feeling2 and so we find that in cultured communities the dowry dies out1 just as the purchase-money declined in the civilised stages4#ajf ,footnote #id3 ,ibid4 p4 #daa sqq4 ,footnote #ie3 ,mayer1 ,rechte der ,israeliten1 ii4 #cdd4 ,footnote #if3 ,koran1 iv4 #c4 ,footnote #ig3 ,cauvet1 ',l'organisation de la famille ,athnes1' in ,revue de lgislation et de jurisprudence1 xxiv4 #aeb4 ,potter1 ,archologia ,grca1 ii4 #bfh4 ,cf4 ,meier and ,schmann1 ,der attische ,process1 p4 #eac sq4 ,footnote #ih3 ,isaeus1 ,oratio de ,pyrrhi hereditate1 #ea1 p4 #dc4 ,footnote #ii3 ,aristotle1 ,politica1 ii4 #i1 p4 #abgj a4 ,footnote #ajj3 ,laboulaye1 ,recherches sur la condition civile et politique des femmes1 p4 #ch sq4 ,ginoulhiac1 ,histoire du rgime dotal1 p4 #ff4 ,meier and ,schmann1 op4 cit4 p4 #eac sq4 ,footnote #aja3 ,ginoulhiac1 op4 cit4 p4 #ajc4 ,footnote #ajb3 ,for dos necessaria in ,germany during the ,middle ,ages1 see ,mittermaier1 ,grundstze des gemeinen deutschen ,privatrechts1 ii4 #c4 ,footnote #ajc3 ,eccius1 in von ,holtzendorff1 ,encyclopdie der ,rechtswissenschaft1 ii4 #dad4 ,footnote #ajd3 ,code ,napolon1 art4 #bjd4 ,footnote #aje3 ,see ,maine1 ,early ,history of ,institutions1 p4 #cci4 ,footnote #ajf3 ,sutherland1 ,origin and ,growth of the ,moral ,instinct1 i4 #bdc4 #chg ,whilst most of the lower animal species are by instinct either monogamous or polygynous1 with man every possible form of marriage occurs4 ,there are marriages of one man with one woman 7monogamy71 of one man with many women 7polygyny71 of many men with one woman 7polyandry71 and1 in a few exceptional cases1 of many men with many women4#ajg ,footnote #ajg3 ,westermarck1 op4 cit4 ch4 xx4 ,among the causes by which the forms of marriage are influenced the numerical proportion between the sexes plays an important part4 ,polyandry seems to be due chiefly to a surplus of men1 though it prevails only where the circumstances are otherwise in favour of it4#ajh ,it presupposes an abnormally feeble disposition to jealousy1 and has probably at all times been exceptional in the human race4 ,there is no solid evidence for the theory set forth by ,mc,lennan that it was the rule in early times4#aji ,on the contrary1 this form of marriage seems to require a certain degree of civilisation2 we have no trustworthy account of its occurrence among the lowest savages4 ,in polyandrous families the husbands are most frequently brothers1 and the eldest brother1 at least in many cases1 has the superiority4 ,it seems a fair conclusion that in such instances polyandry was originally an expression of fraternal benevolence on the part of the eldest brother1 or of urgent demands on the part of the younger ones1 who otherwise1 on account of the scarcity of women1 would have to live unmarried4 ,if additional wives were afterwards acquired1 they would naturally be considered the common property of all the brothers2 and in this way the group marriage of the ,toda type seems to have evolved4#aaj ,polygyny1 also1 is to some extent dependent upon the proportion between the sexes4 ,it has been observed in ,india that polyandry occurs in those parts of the country where the males outnumber the females1 polygyny in those #chh where the reverse is the case4#aaa ,indeed1 in countries unaffected by ,european civilisation polygyny is likely to prevail wherever there is a majority of women4 ,but the proportion between the sexes is only one cause out of many to which polygyny is due4 ,footnote #ajh3 ,ibid4 p4 #dhb4 ,footnote #aji3 ,mc,lennan1 ',the ,levirate and ,polyandry1' in ,fortnightly ,review1 ,n4,s4 xxi4 #gjc sqq4 ,idem1 ,studies in ,ancient ,history1 p4 #aab sq4 ,footnote #aaj3 ,westermarck1 op4 cit4 p4 #eaj sqq4 ,see also ,rivers1 ,todas1 pp4 #eae1 #eai1 #eba4 ,footnote #aaa3 ,goehlert1 ',die ,geschlechtsverschiedenheit der ,kinder in den ,ehen1' in ,zeitschr4 f4 ,ethnologie1 xiii4 #abg4 ,there are several reasons why a man may desire to possess more than one wife4#aab ,monogamy requires from him periodical continence1 not only for a certain time every month1 but among many peoples during the pregnancy of his wife1 and as long as she suckles her child4 ,one of the chief causes of polygyny is the attraction which female youth and beauty exercise upon a man2 and at the lower stages of civilisation women generally become old much sooner than in more advanced communities4 ,the liking of men for variety is also a potent factor2 the ,negroes of ,angola asserted that they were not able to eat always of the same dish4#aac ,we must further take into account men's desire for offspring1 wealth1 and authority4 ,the barrenness of a wife is a very common reason for the choice of a new partner2 the polygyny of the ancient ,hindus seems to have been due chiefly to the fact that men dreaded the idea of dying childless1 and even now in the ,east the desire for offspring is one of the principal causes of polygyny4#aad ,the more wives1 the more children2 and the more children1 the greater power4 ,in early civilisation a man's relations and connections are often his only friends2 and where slavery does not prevail1 next to a man's wives the real servant1 the only to be counted upon1 is the child4 ,moreover1 a man's fortune is increased by a multitude of wives not only through their children1 but through their work4 ,manual labour among savages is undertaken largely by women2 and when neither slaves nor persons who will work for hire can be procured1 #chi it becomes necessary for any man who requires many servants to have many wives4 ,footnote #aab3 ,westermarck1 op4 cit4 p4 #dhc sqq4 ,footnote #aac3 ,merolla da ,sorrento1 ',voyage to ,congo1' in ,pinkerton1 ,collection of ,voyages1 xvi4 #bii4 ,footnote #aad3 ,wallin1 ,reseanteckningar frn ,orienten1 iii4 #bfg4 ,le ,bon1 ,la civilisation des ,arabes1 p4 #dbd4 ,gray1 ,china1 i4 #ahd4 ,nevertheless1 however desirable polygyny may be from the man's point of view1 it is altogether prohibited among many peoples1 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 class4#aae ,the proportion between the sexes partly accounts for this1 but there are other causes of no less importance4#aaf ,where the amount of female labour is limited and no accumulated property exists1 it may be very difficult for a man to keep a plurality of wives4 ,again1 where female labour is of considerable value1 the necessity of paying the purchase-sum for a wife is a hindrance to polygyny which can be overcome only by the wealthier men4 ,there are1 moreover1 certain factors of a psychical character which are unfavourable to polygyny4 ,when love depends on external attractions only1 it is necessarily fickle2 but when it implies sympathy arising from mental qualities1 there is a tie between husband and wife which lasts long after youth and beauty are gone4 ,as another obstacle to polygyny we have to note the true monogamous sentiment1 the absorbing passion for one1 which is not unknown even among savage races4 ,polygyny is finally checked by the respect in which women are held by men4 ,jealousy is not exclusively a masculine passion1 and it is the ambition of every wife to be the mistress of her husband's house4 ,hence where women have succeeded in obtaining some power over their husbands1 or where the altruistic feelings of men have become refined enough to lead them to respect the feelings of those weaker than themselves1 monogamy is frequently the result4 ,footnote #aae3 ,westermarck1 op4 cit4 p4 #dce sqq4 ,footnote #aaf3 ,ibid4 p4 #dic sqq4 ,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 sexes1 where life is chiefly supported by hunting and female labour is consequently of slight value1 and where there is no accumulation of wealth #cij and no distinction of class--than it is at somewhat higher stages4#aag ,the more advanced savages and barbarians seem to indulge in this practice to a greater extent than the lower ones1 many1 or most1 of whom are either little addicted to polygyny or strictly monogamous4 ,various forest tribes in ,brazil are monogamous1#aah and so are several of the ,californian tribes--a humble and a lowly race1 4 4 4 one of the lowest on earth4#aai ,thus the ,karok do not allow bigamy even to a chief2 and though a man may own as many women for slaves as he can purchase1 he brings obloquy on himself if he cohabits with more than one4#abj ,among the ,veddahs#aba and ,andaman ,islanders#abb monogamy is as rigidly insisted upon as any where in ,europe4 ,the natives of ,kar ,nicobar have but one wife1 and look upon unchastity as a very deadly sin4#abc ,among the ,koch and ,old ,kukis polygyny and concubinage are forbidden2#abd whilst among some other aboriginal tribes in ,india a man1 though not expressly forbidden to have many wives1 is blamed if he has more than one4#abe ,among the ,karens of ,burma#abf and certain tribes of ,indo-,china1 the ,malay ,peninsula1 and the ,indian ,archipelago1 polygyny is said either to be prohibited or unknown4#abg ,the ,hill ,dyaks marry but one wife1 and a chief who once broke through this custom lost all his influence4#abh ,in ,australia there are said to be some truly monogamous tribes2#abi in the ,birria tribe1 for instance1 the possession of more than one wife is absolutely forbidden1 or was so before the coming of the whites4#acj #cia ,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 apes4 ,darwin certainly mentions the gorilla as a polygamist2#aca but the majority of statements we have regarding this animal are to the opposite effect4 ,relying on the most trustworthy authorities1 ,professor ,hartmann says1 ,the gorilla lives in a society consisting of male and female and their young of varying ages4#acb ,footnote #aag3 ,westermarck1 op4 cit4 p4 #eje sqq4 ,footnote #aah3 von ,martius1 op4 cit4 i4 #bgd1 #bih4 ,wallace1 ,travels on the ,amazon1 pp4 #eji1 #eae sqq4 ,waitz1 ,anthropologie der ,naturvlker1 iii4 #dgb4 ,footnote #aai3 ,powers1 op4 cit4 pp4 #e1 #ef1 #djf4 ,wilkes1 ,u4 ,s4 ,exploring ,expedition1 v4 #ahh4 ,footnote #abj3 ,powers1 op4 cit4 p4 #bb4 ,footnote #aba3 ,bailey1 in ,trans4 ,ethn4 ,soc4 ,n4,s4 ii4 #bia sq4 ,hartshorne1 in ,indian ,antiquary1 viii4 #cbj4 ,footnote #abb3 ,man1 in ,jour4 ,anthr4 ,inst4 xii4 #ace4 ,footnote #abc3 ,distant1 ibid4 iii4 #d4 ,footnote #abd3 ,dalton1 op4 cit4 p4 #ia4 ,stewart1 ',notes on ,northern ,cachar1' in ,jour4 ,as4 ,soc4 ,bengal1 xxiv4 #fba4 ,footnote #abe3 ,dalton1 op4 cit4 pp4 #bh1 #ed4 ,jellinghaus1 ',munda-,kolhs in ,chota ,nagpore1' in ,zeitschr4 f4 ,ethnol4 iii4 #cgj4 ,footnote #abf3 ,smeaton1 ,loyal ,karens of ,burma1 p4 #ha4 ,footnote #abg3 ,westermarck1 op4 cit4 p4 #dcf sq4 ,footnote #abh3 ,low1 ,sarawak1 p4 #cjj4 ,footnote #abi3 ,curr1 ,australian ,race1 i4 #djb2 ii4 #cga4 ,footnote #acj3 ,ibid4 ii4 #cgh4 ,footnote #aca3 ,darwin1 ,descent of ,man1 pp4 #bag1 #eij sq4 ,footnote #acb3 ,hartmann1 ,die menschenhnlichen ,affen1 p4 #bad4 ,whilst civilisation is thus up to a certain point favourable to polygyny1 it leads in its higher forms to monogamy4 ,owing to the decrease of wars1 the death-rate of the men becomes less1 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 nations4 ,no superstitious belief keeps the civilised man apart from his wife during her pregnancy and while she suckles her child2 and the suckling time has become much shorter since the introduction of domesticated animals and the use of milk4 ,to a cultivated mind youth and beauty are by no means the only attractions of a woman2 and civilisation has made female beauty more durable4 ,the desire for offspring becomes less intense4 ,a large family1 instead of being a help in the struggle for existence1 is often considered an insufferable burden4 ,a man's kinsfolk are no longer his only friends1 and his wealth and power do not depend upon the number of his wives and children4 ,a wife ceases to be a mere labourer1 and manual labour is to a large extent replaced by the work of domesticated animals and the use of implements and machines4 ,moreover1 the sentiment of love becomes more refined1 the passion for one more absorbing4 ,the feelings of the weaker sex are frequently held in higher regard4 ,and the better education bestowed on women enables them to live comfortably without the support of a husband4 #cib ,as for the moral valuation of the various forms of marriage1 it should be noticed that even among polygynous and polyandrous peoples monogamy is permitted by custom or law1 although in some instances it is associated with poverty and considered mean1 whereas polygyny1 as associated with greatness1 is thought praiseworthy4#acc ,again1 the notion that monogamy is the only proper form of marriage1 and that any other form is immoral1 is due either to the mere force of habit2 or1 possibly1 to the notion that it is wrong of some men to appropriate a plurality of wives when others in consequence can get none2 or to the feeling that polygyny is an offence against the female sex2 or to the condemnation of lust4 ,as regards the obligatory monogamy of ,christian nations1 we have to remember that monogamy was the only recognised form of marriage in the societies on which ,christianity was first engrafted1 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 sin4 ,in its early days the ,church showed little respect for women but its horror of sensuality was immense4 ,footnote #acc3 ,spencer1 ,principles of ,sociology1 i4 #feg4 ,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 ethnology4 ,many years ago attention was drawn to the fact that the ,kamilaroi tribes in ,south ,australia are divided into four classes1 in which brothers and sisters are respectively ,ipai and ,ipatha1 ,k7ubi and ,kub7itha1 ,m7uri and ,matha1 ,kumbu and ,butha2 and that the members of one class are forbidden to marry among themselves1 but bound to marry into a certain other class4 ,thus ,ipai may only marry ,kub7itha2 ,k7ubi1 ,ipatha2 ,kumbu1 ,matha2 and ,m7uri1 ,butha4 ,in a certain sense1 we were told1 every ,ipai is regarded as married1 not by any individual contract1 but by organic law1 to every ,kub7itha2 every ,k7ubi to every ,ipatha1 and so forth4 ,if1 for instance1 a ,k7ubi meet a stranger ,ipatha1 they address #cic each other as spouse2 and a ,k7ubi thus meeting an ,ipatha1 though she were of another tribe1 would treat her as his wife1 and his right to do so would be recognised by her tribe4#acd ,the institution according to which the men of one division have as wives the women of another division1 the ,rev4 ,l4 ,fison called group marriage4 ,he contends that among the natives of ,south ,australia it has given way in later times1 in some measure1 to individual marriage4 ,but theoretically1 he says1 marriage is still communal3 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 division4 ,the chief argument advanced by ,mr4 ,fison in support of his theory is grounded on the terms of relationship in use in the tribes4 ,these terms belong to the classificatory system of ,mr4 ,morgan2#ace 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 imply4 ,present usage1 he says1 is everywhere in advance of the system so implied1 and the terms are survivals of an ancient right1 not precise indications of custom as it is4#acf ,the same is granted by ,mr4 ,howitt4#acg ,yet ,i have pointed out1 in my criticism of the classificatory system1 to what absurd results we must be led if1 guided by such terms1 we begin to speculate upon early marriage4#ach ,moreover1 as ,i have said1 if a ,k7ubi and an ,ipatha address each other as spouse1 this does not imply that in former times every ,k7ubi was married to every ,ipatha indiscriminately4 ,on the contrary1 the application of such a familiar term might be explained from the fact that the women who may be a man's wives1 and those who cannot possibly be so1 stand in a widely different relation to him4#aci ,this suggestion derives support from the following statement made by ,dr4 ,codrington with reference to the ,melanesians3--,speaking #cid generally1 it may be said that to a ,melanesian man all women1 of his own generation at least1 are either sisters or wives1 to the ,melanesian woman all men are either brothers or husbands4 4 4 4 ,it must not be understood that a ,melanesian regards all women who are not of his own division as1 in fact1 his wives1 or conceives himself to have rights which he may exercise in regard to those women of them who are unmarried2 but the women who may be his wives by marriage and those who cannot possibly be so1 stand in a widely different relation to him4#adj ,footnote #acd3 ,ridley1 ,kmilari1 p4 #afa sq4 7edit4 #ahff1 p4 #ce sqq474 ,fison and ,howitt1 ,kamilaroi and ,kurnai1 pp4 #cf1 #ea1 #ec4 ,footnote #ace3 ,fison and ,howitt1 op4 cit4 p4 #fj4 ,footnote #acf3 ,ibid4 p4 #aei sq4 ,footnote #acg3 ,howitt1 ',australian ,group ,relations1' in ,smithsonian ,report1 #ahhc1 p4 #hag4 ,footnote #ach3 ,westermarck1 op4 cit4 ch4 v4 ,footnote #aci3 ,ibid4 p4 #ef4 ,footnote #adj3 ,codrington1 ,melanesians1 p4 #bb sq4 ,more recently ,messrs4 ,spencer and ,gillen have shown that a marriage system essentially similar to that of the ,south ,australian natives prevails in ,central ,australia2 and they1 also1 regard it as a later modification of genuine group marriage4 ,nowadays1 they say1 the system of individual wives prevails--modified1 however1 by the practice of customs according to which1 at certain times1 much wider marital relations are allowed4 ,but to this rule there is one exception3--,in the ,urabunna tribe group marriage actually exists at the present day1 a group of men of a certain designation having1 not merely nominally but in actual reality1 and under normal conditions1 marital relations with a group of women of another special designation2 here individual marriage does not exist either in name or in practice4#ada ,but1 after all1 it appears that even among the ,urabunna every woman is the special ,nupa of one man1 and that certain other men1 her ,piraungaru only have a secondary right to her4 ,thus1 if the ,nupa man 7the real1 or at all events the chief1 husband7 be present1 the ,piraungaru 7accessory husbands7 are allowed to have intercourse with her only in case the ,nupa man consents4#adb ,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 #cie women of another group8 ,here we are on dangerous ground2 nothing is more difficult than to decide whether certain customs are survivals or not4 ,we find modifications resembling those connected with the group marriage of the ,urabunna both in polyandry and in polygyny2 the first husband in a polyandrous family is usually the chief husband1 and the first wife in a polygynous family is very frequently the chief wife4 ,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 wives2 on the contrary1 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 marriage4#adc ,similarly the ,urabunna custom may very well have developed out of ordinary individual marriage1#add and the cause of it may perhaps be1 as ,mr4 ,n4 ,w4 ,thomas has suggested1#ade the difficulties which an ,australian native often experiences in getting a wife4#adf ,as for other facts which have been adduced as evidence of ,australian group marriage in the past1 such as the jus prim noctis1 c41 ,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 obscure4 ,in some instances at least1 a magic significance appears to be attributed to it2#adg and that it is a survival of group marriage1 in the strict sense of the term1 is again only a conjecture4 ,footnote #ada3 ,spencer and ,gillen1 ,northern ,tribes of ,central ,australia1 p4 #adj4 ,iidem1 ,native ,tribes of ,central ,australia1 p4 #fb sq4 ,footnote #adb3 ,iidem1 ,native ,tribes1 p4 #aaj4 ,footnote #adc3 ,westermarck1 op4 cit4 pp4 #ddc-ddh1 #deg1 #deh1 #ejh4 ,footnote #add3 ,cf4 ,crawley1 op4 cit4 p4 #dhb2 ,lang1 ,social ,origins1 p4 #aje sq4 ,footnote #ade3 ,thomas1 in a paper read before the ,anthropological ,institute in #aije4 ,cf4 ,idem1 ,kinship and ,marriage in ,australia1 p4 #ach4 ,footnote #adf3 ,see ,westermarck1 op4 cit4 p4 #acb sq42 infra1 p4 #dfj4 ,footnote #adg3 ,see1 e4g41 ,spencer and ,gillen1 ,northern ,tribes1 p4 #acg sq4 ,i must admit1 therefore1 that the facts produced by ,messrs4 ,spencer and ,gillen1 and the severe criticism which they have passed on my sceptical attitude towards ,mr4 ,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 women4 ,nor has ,mr4 ,howitt1 #cif in his recent work on the ',native ,tribes of ,south-,east ,australia1' in my opinion1 sufficiently proved that such an evolution has taken place4#adh ,he blames certain ethnologists of the study for not being willing to take the opinion of men who have first-hand knowledge of the natives2#adi but ,i think we do well in distinguishing between statements based on direct observation and the observer's interpretation of the stated facts4 ,even suppose1 however1 that group marriage really was once common in ,australia1 would that prove that it was once common among mankind at large8 ,mr4 ,hewitt's supposition that the practice of group marriage will be ultimately accepted as one of the primitive conditions of mankind#aej is no doubt shared by a host of anthropologists4 ,the group marriage theory will probably for some time to come remain the residuary legatee of the old theory of promiscuity2 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 spectacles4 ,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 ,england4 ,footnote #adh3 ,mr4 ,thomas has come to the same result in his book on ',kinship and ,marriage in ,australia1' which appeared when the present chapter was already in type4 ,a detailed examination of the facts which have been adduced as evidence of ,australian group marriage 7p4 #abg sqq47 has led him to the conclusion 7p4 #adg7 that prevailing customs in ,australia1 far from proving the present or former existence of group marriage in that continent1 do not even render it probable1 and that on the terms of relationship no argument of any sort can be founded which assumes them to refer to consanguinity1 kinship1 or affinity4 ,it is therefore not rash to say that the case for group marriage1 so far as ,australia is concerned1 falls to the ground4 ,see infra1 ,addit4 ,notes4 ,footnote #adi3 ,howitt1 ',native ,tribes of ,south-,east ,australia1' in ,folk-,lore1 xvii4 #ahe4 ,footnote #aej3 ,idem1 ,native ,tribes of ,south-,east ,australia1 p4 #bha4 99 99 99 99 99 ,the time during which marriage lasts varies extremely in the human race4#aea ,there are unions which1 though legally recognised as marriages1 do not endure long enough to deserve to be so called in the natural history sense of the term2 there are others which are dissolved only by #cig death4 ,as has already been pointed out1 it is probable that among primitive men the union of the sexes lasted till after the birth of the offspring1 and we have perhaps some reason to believe that the connection lasted for years4 ,on the whole1 progress in civilisation has tended to make marriage more durable4 ,it is evident that at the early stage of development at which women first became valuable as labourers1 a wife was united with her husband by a new bond more lasting than youth and beauty4 ,the tie was strengthened by the bride-price and the marriage portion4 ,and a higher development of the paternal feeling1 better forethought for the children's welfare1 in some instances greater consideration for women1 and a more refined love passion have gradually made it stronger1 until it has become in many cases indissoluble4 ,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 countries4 ,it should be remembered that the laws of divorce in ,christian ,europe owe their origin to an idealistic religious commandment which1 interpreted in its literal sense1 gave rise to legal prescriptions far from harmonising with the mental and social life of the mass of the people4 ,the powerful authority of the ,roman ,church was necessary to enforce the dogma that marriage is indissoluble4 ,the ,reformation introduced somewhat greater liberty in this respect1 and modern legislation has gone further in the same direction4 ,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 woman1 except in ,england1 where the husband must be accused of one or other of several offences besides adultery4 ,in ,italy1 ,spain1 and ,portugal1 a judicial separation may always be decreed on the ground of the adultery of the wife1 but1 on the ground of the adultery of the husband1 only if it has been committed under certain aggravating circumstances4#aeb ,these laws imply that marriage is not yet a contract on the footing of perfect equality between the sexes2 but there is #cih a growing opinion that1 where it is not1 it ought to be so4 ,again1 when both husband and wife desire to separate1 it seems to many enlightened minds that the ,state has no right to prevent them from dissolving the marriage contract1 provided the children are properly cared for2 and that for the children1 also1 it is better to have the supervision of one parent only than of two who cannot agree4 ,footnote #aea3 ,westermarck1 op4 cit4 ch4 xxiii4 ,footnote #aeb3 ,glasson1 ,le mariage civil et le divorce1 pp4 #bia1 #bih1 #cjd4 ,,chapter ,,xli ,,celibacy ,,among savage and barbarous races of men nearly every individual endeavours to marry as soon as he1 or she1 reaches the age of puberty4#a ,marriage seems to them indispensable1 and a person who abstains from it is looked upon as an unnatural being and is disdained4 ,among the ,santals a man who remains single is at once despised by both sexes1 and is classed next to a thief1 or a witch3 they term the unhappy wretch ',no man4'#b ,among the ,kafirs a bachelor has no voice in the kraal4#c ,in the ,tupi tribes of ,brazil no man was suffered to partake in the drinking-feast while he remained single4#d ,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 life1 and that the celibates1 both men and women1 had to submit to a chastisement of their own before entering the fale-mate1 or home of the dead4#e ,according to ,fijian beliefs1 he who died wifeless was stopped by the god ,nangganangga on the road to ,paradise1 and smashed to atoms4#f ,footnote #a3 ,westermarck1 ,history of ,human ,marriage1 p4 #acd sqq4 ,footnote #b3 ,man1 ,sonthalia1 p4 #aja4 ,footnote #c3 von ,weber1 ,vier ,jahre in ,afrika1 ii4 #bae4 ,footnote #d3 ,southey1 ,history of ,brazil1 i4 #bdj4 ,footnote #e3 ,percy ,smith1 ',futuna4' in ,jour4 ,polynesian ,soc4 i4 #ci sq4 ,footnote #f3 ,pritchard1 ,polynesian ,reminiscences1 pp4 #cfh1 #cgb4 ,seemann1 ,viti1 p4 #cii sq4 ,fison1 ',fijian ,burial ,customs1' in ,jour4 ,anthr4 ,inst4 x4 #aci4 ,williams and ,calvert1 ,fiji1 p4 #bjf4 ,for other instances see ,westermarck1 op4 cit4 p4 #acf1 n4 #aj4 ,among peoples of archaic culture celibacy is likewise a great exception and marriage regarded as a duty4 ,in #djj ancient ,peru marriage was compulsory at a certain age4#g ,among the ,aztecs no young man lived single till his twenty-second year1 unless he intended to become a priest1 and for girls the customary marrying-age was from eleven to eighteen4 ,in ,tlascala1 we are told1 the unmarried state was so despised that a grown-up man who would not marry had his hair cut off for shame4#h ,footnote #g3 ,garcilasso de la ,vega1 ,first ,part of the ,royal ,commentaries of the ,yncas1 i4 #cjf sq4 ,footnote #h3 ,klemm1 ,allgemeine ,cultur-,geschichte der ,menschheit1 v4 #df sq4 ,bancroft1 ,native ,races of the ,pacific ,states1 ii4 #bea sq4 ,almost all ,chinese1 says ,dr4 ,gray1 robust or infirm1 well-formed or deformed1 are called upon by their parents to marry as soon as they have attained the age of puberty4 ,were a grown-up son or daughter to die unmarried1 the parents would regard it as most deplorable4 ,hence a young man of marriageable age1 whom consumption or any other lingering disease had marked for its own1 would be compelled by his parents or guardians to marry at once4#i ,so indispensable is marriage considered by the ,chinese1 that even the dead are married1 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 age4#aj ,there is a maxim by ,mencius1 re-echoed by the whole nation1 that it is a heavy sin to have no sons1 as this would doom father1 mother1 and the whole ancestry in the ,nether-world to a pitiable existence without descendants enough to serve them properly1 to worship at the ancestral tombs1 to take care of the ancestral tablets1 and duly to perform all rites and ceremonies connected with the departed dead4 ,for a man whose wife has reached her fortieth year without bringing him a son1 it is an imperative duty to take a concubine4#aa ,in ,corea the male human being who is unmarried is never called a man1 whatever his age1 but goes by the name of 'yatow1' a name given by the ,chinese to unmarriageable young girls2 and the man of thirteen or fourteen has a #dja perfect right to strike1 abuse1 order about the 'yatow' of thirty1 who dares not as much as open his lips to complain4#ab ,footnote #i3 ,gray1 ,china1 i4 #ahf4 ,footnote #aj3 ,ibid4 i4 #baf sq4 ,footnote #aa3 ,giles1 ,strange ,stories from a ,chinese ,studio1 i4 #fd1 n4 #aj4 de ,groot1 ,religious ,system of ,china1 7vol4 ii4 book7 i4 #fag4 ,indo-,chinese ,gleaner1 iii4 #eh4 ,footnote #ab3 ,ross1 ,history of ,corea1 p4 #cac4 ,among the ,semites1 also1 we meet with the idea that a dead man who has no children will miss something in ,sh7eol through not receiving that kind of worship which ancestors in early times appear to have received4#ac ,the ,hebrews looked upon marriage as a religious duty4#ad ,according to the ,shulchan ,aruch1 he who abstains from marrying is guilty of bloodshed1 diminishes the image of ,god1 and causes the divine presence to withdraw from ,israel2 hence a single man past twenty may be compelled by the court to take a wife4#ae ,muhammedanism likewise regards marriage as a duty for men and women2 to neglect it without a sufficient excuse subjects a man to severe reproach4#af ,when a servant of ,god marries1 said the ,prophet1 verily he perfects half his religion4#ag ,footnote #ac3 ,cheyne1 ',harlot1' in ,cheyne and ,black1 ,encyclopdia ,biblica1 ii4 #aifd4 ,footnote #ad3 ,mayer1 ,rechte der ,israeliten1 pp4 #bhf1 #cec4 ,lichtschein1 ,ehe nach mosaisch-talmudischer ,auffassung1 p4 #e sqq4 ,klugmann1 ,die ,frau im ,talmud1 p4 #ci sq4 ,footnote #ae3 ,schulchan ,aruch1 iv4 7',eben haezer'7 i4 #a1 #c4 ,see also ,yebamoth1 fol4 #fc b sq41 quoted by ,margolis1 ',celibacy1' in ,jewish ,encyclopedia1 iii4 #fcf4 ,footnote #af3 ,lane1 ,manners and ,customs of the ,modern ,egyptians1 i4 #aig4 ,footnote #ag3 ,idem1 ,arabian ,society in the ,middle ,ages1 p4 #bba4 ,the so-called ,aryan nations in ancient times1 as ,m4 ,fustel de ,coulanges and others have pointed out1 regarded celibacy as an impiety and a misfortune3 an impiety1 because one who did not marry put the happiness of the manes of the family in peril2 a misfortune1 because he himself would receive no worship after his death4 ,a man's happiness in the next world depended upon his having a continuous line of male descendants1 whose duty it would be to make the periodical offerings for the repose of his soul4#ah ,according to the ',laws of ,manu1' marriage is the twelfth ,sanskara1 and as such a religious duty incumbent upon all4#ai ,among the ,hindus of the present day a #djb man who is not married is generally considered to be almost a useless member of the community1 and is indeed looked upon as beyond the pale of nature2#bj and the spirits of young men who have died without becoming fathers are believed to wander about in a restless miserable manner1 like people burdened with an enormous debt which they are quite unable to discharge4#ba ,similar views are expressed in ,zoroastrianism4 ,ahura ,mazda said to ,zoroaster3--,the man who has a wife is far above him who lives in continence2 he who keeps a house is far above him who has none2 he who has children is far above the childless man4#bb ,the greatest misfortune which could befall an ancient ,persian was to be childless4#bc ,to him who has no child the bridge of ,paradise shall be barred2 the first question the angels there will ask him is1 whether he has left in this world a substitute for himself1 and if the answer be ,no they will pass by and he will stay at the head of the bridge1 full of grief4 ,the primitive meaning of this is plain3 the man without a son cannot enter ,paradise because there is nobody to pay him the family worship4#bd ,ashi ,vanguhi1 a feminine impersonification of piety1 and the source of all the good and riches that are connected with piety1 rejects the offerings of barren people--old men1 courtesans1 and children4#be ,it is said in the ,yasts1 ,this is the worst deed that men and tyrants do1 namely1 when they deprive maids that have been barren for a long time of marrying and bringing forth children4#bf ,and in the eyes of all good ,parsis of the present day1 as in the time of king ,darius and the contemporaries of ,herodotus1 the two greatest merits of a citizen are the begetting and rearing of a numerous family1 and the fruitful tilling of the soil4#bg ,footnote #ah3 ,fustel de ,coulanges1 ,la cit antique1 p4 #ed sq4 ,hearn1 ,the ,aryan ,household1 pp4 #fi1 #ga4 ,mayne1 ,treatise on ,hindu ,law and ,usage1 p4 #fh sq4 ,footnote #ai3 ,laws of ,manu1 ii4 #ff sq4 ,monier-,williams1 ,indian ,wisdom1 p4 #bdf4 ,cf4 ,mayne1 op4 cit4 p4 #fi4 ,footnote #bj3 ,dubois1 ,description of the ,character1 c4 of the ,people of ,india1 p4 #acb4 ,footnote #ba3 ,monier-,williams1 ,brahmanism and ,hinduism1 p4 #bdc sq4 ,footnote #bb3 ,venddd1 iv4 #dg4 ,footnote #bc3 ,rawlinson1 in his translation of ,herodotus1 i4 #bfb1 n4 #a4 ,cf4 ,herodotus1 i4 #acc1 #acf2 ,dn- ,mang- ,khirad1 xxxv4 #ai4 ,footnote #bd3 ,darmesteter1 in ,sacred ,books of the ,east1 iv4 #dg4 ,cf4 ,idem1 ,ormazd et ,ahriman1 p4 #bid4 ,footnote #be3 ,yasts1 xvii4 #ed4 ,footnote #bf3 ,ibid4 xvii4 #ei4 ,footnote #bg3 ,darmesteter1 in ,sacred ,books of the ,east1 iv4 p4 lxii4 ,cf4 ,ploss-,bartels1 ,das ,weib1 i4 #agc4 #djc ,the ancient ,greeks regarded marriage as a matter both of public and private importance4#bh ,in various places criminal proceedings might be taken against celibates4#bi ,plato remarks that every individual is bound to provide for a continuance of representatives to succeed himself as ministers of the ,divinity2#cj and ,isaeus says1 ,all those who think their end approaching look forward with a prudent care that their houses may not become desolate1 but that there may be some person to attend to their funeral rites and to perform the legal ceremonies at their tombs4#ca ,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 times4#cb ,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 men4#cc ,but in later periods1 when sexual morality reached a very low ebb in ,rome1 celibacy--as to which grave complaints were made as early as #ebj ,b4,c4--naturally increased in proportion1 especially among the upper classes4 ,among these marriage came to be regarded as a burden which people took upon themselves at the best in the public interest4 ,indeed1 how it fared with marriage and the rearing of children is shown by the ,gracchan agrarian laws1 which first placed a premium thereon2#cd and later the ,lex ,julia et ,papia ,poppaea imposed various penalties on those who lived in a state of celibacy after a certain age1#ce though with little or no result4#cf ,footnote #bh3 ,mller1 ,history and ,antiquities of the ,doric ,race1 ii4 #cjj sq4 ,fustel de ,coulanges1 op4 cit4 p4 #ee4 ,hearn1 op4 cit4 p4 #gb4 ,dllinger1 ,the ,gentile and the ,jew1 ii4 #bcd sq4 ,footnote #bi3 ,pollux1 ,onomasticum1 iii4 #dh4 ,footnote #cj3 ,plato1 ,leges1 vi4 #ggc4 ,footnote #ca3 ,isaeus1 ,oratio de ,apollodori hereditate1 #cj1 p4 #ff4 ,rohde observes 7,psyche1 p4 #bbh71 however1 that such a belief did not exist in the ,homeric age1 when the departed souls in ,hades were supposed to be in no way dependent upon the survivors4 ,footnote #cb3 ,mommsen1 ,history of ,rome1 i4 #gd4 ,footnote #cc3 ,cicero1 ,de legibus1 iii4 #c4 ,fustel de ,coulanges1 op4 cit4 p4 #ee4 ,footnote #cd3 ,mommsen1 op4 cit4 iii4 #aba2 iv4 #ahf sq4 ,footnote #ce3 ,rossbach1 ,rmische ,ehe1 p4 #dah4 ,footnote #cf3 ,mackenzie1 ,studies in ,roman ,law1 p4 #ajd4 ,celibacy is thus disapproved of for various reasons4 ,it #djd appears unnatural4 ,it is taken as an indication of licentious habits4 ,where ancestors are worshipped after their death it inspires religious horror3 the man who leaves himself without offspring shows reckless indifference to the religion of his people1 to his own fate after death1 and to the duties he owes the dead1 whose spirits depend upon the offerings of their descendants for their comfort4 ,the last point of view1 as we have seen1 is particularly prominent among peoples of archaic culture1 but it is not unknown at a lower stage of civilisation4 ,thus the ,eskimo about ,behring ,strait appear to have great dread of dying without being assured that their shades will be remembered during the festivals1 fearing if neglected that they would thereby suffer destitution in the future life2 hence a pair of childless ,eskimo frequently adopt a child1 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 dead4#cg ,finally1 in communities with a keen public spirit1 especially in ambitious states frequently engaged in war1 celibacy is regarded as a wrong committed against the ,state4 ,footnote #cg3 ,nelson1 ',eskimo about ,bering ,strait1' in ,ann4 ,rep4 ,bur4 ,ethn4 xviii4 #bij4 ,modern civilisation looks upon celibacy in a different light4 ,the religious motive for marriage has ceased to exist1 the lot of the dead being no longer supposed to depend upon the devotion of the living4 ,it is said1 in a general way1 that marriage is a duty to the nation or the race1 but this argument is hardly applied to individual cases4 ,according to modern ideas the union between man and woman is too much a matter of sentiment to be properly classified among civic duties4 ,nor does the unmarried state strike us as particularly unnatural4 ,the proportion of unmarried people is gradually growing larger and the age at which people marry is rising4#ch ,the chief causes of this increasing celibacy are the difficulty of supporting a family under present conditions of life1 and the luxurious #dje habits of living in the upper classes of society4 ,another reason is that the domestic circle does not fill so large a place in life as it did formerly2 the married state has in some measure lost its advantage over the single state1 and there are many more pleasures now that can be enjoyed as well or even better in celibacy4 ,moreover1 by the diffusion of a finer culture throughout the community1 men and women can less easily find any one whom they are willing to take as a partner for life2 their requirements are more exacting1 they have a livelier sense of the serious character of the marriage union1 and they are less willing to contract it from any lower motives4#ci ,footnote #ch3 ,westermarck1 op4 cit4 p4 #adf4 ,footnote #ci3 ,ibid4 p4 #adg sqq4 ',why is ,single ,life becoming more ,general8' in ,the ,nation1 vi4 #aij sq4 ,nay1 far from enjoining marriage as a duty incumbent upon all1 enlightened opinion seems to agree that it is a duty for many people never to marry4 ,in some ,european countries the marriages of persons in receipt of poor-law relief have been legally prohibited1 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 family4#dj ,the opinion has also been expressed that the ,state ought to forbid the unions of persons suffering from certain kinds of disease1 which in all probability would be transmitted to the offspring4 ,people are beginning to feel that it entails a heavy responsibility to bring a new being into existence1 and that many persons are wholly unfit for such a task4#da ,future generations will probably with a kind of horror look back at a period when the most important1 and in its consequences the most far-reaching1 function which has fallen to the lot of man was entirely left to individual caprice and lust4 ,footnote #dj3 ,lecky1 ,democracy and ,liberty1 ii4 #aha4 ,footnote #da3 ,see ,mr4 ,galton's papers on ,eugenics and the discussions of the subject in ,sociological ,papers1 vols4 i4 and ii4 99 99 99 99 99 ,side by side with the opinion that marriage is a duty for all ordinary men and women we find among many peoples #djf the notion that persons whose function it is to perform religious or magical rites must be celibates4#db ,the ,thlinkets believe that if a shaman does not observe continuous chastity his own guardian spirits will kill him4#dc ,in ,patagonia the male wizards were not allowed to marry4#dd ,in some tribes of the ,guaranies of ,paraguay the female ,payes were bound to chastity1 or they no longer obtained credit4#de ,celibacy was compulsory on the priests of the ,chibchas in ,bogota4#df ,the ,tohil priests in ,guatemala were vowed to perpetual continence4#dg ,in ,ichcatlan the high-priest was obliged to live constantly within the temple1 and to abstain from commerce with any woman whatsoever2 and if he failed in this duty he was cut in pieces1 and the bloody limbs were given as a warning to his successor4#dh ,of the women who held positions in the temples of ancient ,mexico we are told that their chastity was most zealously guarded2 during the performance of their duties they were required to keep at a proper distance from the male assistants1 at whom they did not even dare to glance4 ,the punishment to be inflicted upon those who violated their vow of chastity was death2 whilst1 if their trespass remained entirely secret1 they endeavoured to appease the anger of the gods by fasting and austerity of life1 dreading that in punishment of their crime their flesh would rot4#di ,in ,yucatan there was1 connected with the worship of the sun1 an order of vestals the members of which generally enrolled themselves for a certain time1 but were afterwards allowed to leave and enter the married state4 ,some of them1 however1 remained for ever in the service of the temple and were apotheosised4 ,their duty was to attend to the sacred fire1 and to keep strictly chaste1 #djg those who broke their vows being shot to death with arrows4#ej ,in ,peru there were likewise virgins dedicated to the sun1 who lived in perpetual seclusion to the end of their lives1 who preserved their virginity and were forbidden to converse or have sexual intercourse with or to see any man1 or even any woman who was not one of themselves4#ea ,and besides the virgins who thus professed perpetual virginity in the monasteries1 there were other women1 of the blood royal1 who led the same life in their own houses1 having taken a vow of continence4 ,these women were held in great veneration for their chastity and purity1 and1 as a mark of worship and respect1 they were called ,ocllo1 which was a name held sacred in their idolatry2 but if they lost their virtue1 they were burnt alive or cast into the lake of lions4#eb ,footnote #db3 ,some instances of this are stated by ,landtman1 ,origin of ,priesthood1 p4 #aef sq4 ,footnote #dc3 ,veniaminof1 quoted by ,landtman1 op4 cit4 p4 #aef4 ,footnote #dd3 ,falkner1 ,description of ,patagonia1 p4 #aag4 ,footnote #de3 ,southey1 ,history of ,brazil1 ii4 #cga4 ,footnote #df3 ,simon1 quoted by ,dorman1 ,origin of ,primitive ,superstitions1 p4 #chd4 ,footnote #dg3 ,bancroft1 op4 cit4 iii4 #dhi4 ,footnote #dh3 ,clavigero1 ,history of ,mexico1 i4 #bgd4 ,footnote #di3 ,ibid4 i4 #bge sq4 ,torquemada1 ,monarchia ,indiana1 ii4 #ahh sqq4 ,bancroft1 op4 cit4 iii4 #dce sq4 ,cf4 ,acosta1 ,history of the ,indies1 ii4 #ccc sq4 ,footnote #ej3 ,bancroft1 op4 cit4 iii4 #dgc4 ,lopez ,cogolludo1 ,historia de ,yucathan1 p4 #aih4 ,footnote #ea3 ,garcilasso de la ,vega1 op4 cit4 i4 #bia sqq4 ,footnote #eb3 ,ibid4 i4 #cje4 ,among the ,guanches of the ,canary ,islands there were virgins1 called ,magades or ,harimagades1 who presided over the cult under the direction of the high-priest1 and there were other virgins1 highly respected1 whose function was to pour water over the heads of newborn children1 and who could abandon their office and marry whenever they pleased4#ec ,the priestesses of the ,tshi- and ,e7we-speaking peoples on the ,west ,coast of ,africa are forbidden to marry4#ed ,in a wood near ,cape ,padron1 in ,lower ,guinea1 lives a priestly king who is allowed neither to leave his house nor to touch a woman4#ee ,footnote #ec3 ,bory de ,st4 ,vincent1 ,essais sur les ,isles ,fortunes1 p4 #if sq4 ,footnote #ed3 ,ellis1 ,tshi-speaking ,peoples1 p4 #aba4 ,idem1 ,e7we-speaking ,peoples1 p4 #adb4 ,footnote #ee3 ,bastian1 ,die deutsche ,expedition an der ,loango-,kste1 i4 #bhg sq4 ,in ancient ,persia there were sun priestesses who were obliged to refrain from intercourse with men4#ef ,the nine priestesses of the oracle of a ,gallic deity in ,sena were devoted to perpetual virginity4#eg ,the ,romans had their ,vestal virgins1 whose office1 according to tradition1 was instituted by ,numa4 ,they were compelled to continue #djh unmarried during thirty years1 which time they employed in offering sacrifices and performing other rites ordained by the law2 and if they suffered themselves to be debauched they were delivered up to the most miserable death1 being placed in a subterraneous cell1 in their funeral attire1 without any sepulchral column1 funeral rites1 or other customary solemnities4#eh ,after the expiration of the term of thirty years they might marry on quitting the ensigns of their priesthood2 but we are told that very few did this1 as those who did suffered calamities which were regarded as ominous by the rest1 and induced them to remain virgins in the temple of the goddess till their death4#ei ,in ,greece priestesses were not infrequently required to be virgins1 if not for their whole life1 at any rate for the duration of their priesthood4#fj ,tertullian writes3--,to the ,achaean ,juno1 at the town ,aegium1 a virgin is allotted2 and the priestesses who rave at ,delphi know not marriage4 ,we know that widows minister to the ,african ,ceres2 they not only withdraw from their still living husbands1 but they even introduce other wives to them in their own room1 all contact with males1 even as far as the kiss of their sons1 being forbidden them4 4 4 4 ,we have heard1 too1 of continent men1 and among others the priests of the famous ,egyptian bull4#fa ,there were eunuch priests connected with the cults of the ,ephesian ,artemis1#fb the ,phrygian ,cybele1#fc and the ,syrian ,astarte4#fd ,footnote #ef3 ,justin1 quoted by ,justi1 ',die ,weltgeschichte des ,tabari1' in ,das ,ausland1 #ahge1 p4 #cjg4 ,footnote #eg3 ,pomponius ,mela1 ,de situ orbis1 iii4 #f4 ,footnote #eh3 ,dionysius of ,halicarnassus1 ,antiquitates ,roman1 ii4 #fd sqq4 ,plutarch1 ,numa1 x4 #g sqq4 ,footnote #ei3 ,dionysius of ,halicarnassus1 ii4 #fg4 ,footnote #fj3 ,strabo1 xiv4 i4 #bc4 ,mller1 ,das sexuelle ,leben der alten ,kulturvlker1 p4 #dd sqq4 ,blmner1 ,home ,life of the ,ancient ,greeks1 p4 #cbe4 ,gtte1 ,das ,delphische ,orakel1 p4 #gh sq4 ,footnote #fa3 ,tertullian1 ,ad uxorem1 i4 #f 7,migne1 ,patrologi cursus1 i4 #abhd74 ,idem1 ,de exhortatione castitatis1 #ac 7,migne1 ii4 #ibh sq474 ,cf4 ,idem1 ,de monogamia1 #ag 7,migne1 ii4 #iec74 ,footnote #fb3 ,strabo1 xiv4 #a4 #bc4 ,footnote #fc3 ,arnobius1 ,adversus gentes1 v4 #g 7,migne1 op4 cit4 v4 #ajie sqq474 ,farnell1 ',sociological ,hypotheses concerning the ,position of ,women in ,ancient ,religion1' in ,archiv f4 ,religionswiss4 vii4 #gh4 ,footnote #fd3 ,lucian1 ,de dea ,syria1 #ae1 #bg1 #ej sqq4 ,among the ,todas of the ,neilgherry ,hills the dairy man or priest is bound to a celibate existence2#fe and #dji among the ,hindus1 in spite of the great honour in which marriage is held1 celibacy has always commanded respect in instances of extraordinary sanctity4#ff ,those of the ,sannyasis who are known to lead their lives in perfect celibacy receive on that account marks of distinguished honour and respect4#fg ,already the time-honoured ,indian institution of the four ,a'sramas contained the germ of monastic celibacy1 the ,brahmacarin1 or student1 being obliged to observe absolute chastity during the whole course of his study4#fh ,the idea was further developed in ,jainism and ,buddhism4 ,the ,jain monk was to renounce all sexual pleasures1 either with gods1 or men1 or animals2 not to give way to sensuality2 not to discuss topics relating to women2 not to contemplate the forms of women4#fi ,buddhism regards sensuality as altogether incompatible with wisdom and holiness2 it is said that a wise man should avoid married life as if it were a burning pit of live coals4#gj ,according to the legend1 ,buddha's mother1 who was the best and purest of the daughters of men1 had no other sons1 and her conception was due to supernatural causes4#ga ,one of the fundamental duties of monastic life1 by an infringement of which the guilty person brings about his inevitable expulsion from ,buddha's order1 is that an ordained monk may not have sexual intercourse1 not even with an animal4#gb ,in ,tibet some sects of the ,lamas are allowed to marry1 but those who do not are considered more holy2 and in every sect the nuns must take a vow of absolute continence4#gc ,the ,buddhist priests of ,ceylon are totally debarred from women4#gd ,chinese law enjoins celibacy on all priests1 ,buddhist or ,taouist4#ge ,and among the immortals of #daj ,taouism there are some women also1 who have led an extraordinarily ascetic life4#gf ,footnote #fe3 ,thurston1 ',anthropology of the ,todas and ,kotas1' in the ,madras ,government ,museum's ,bulletin1 i4 #afi1 #agj1 #aic4 ,rivers1 ,todas1 pp4 #hj1 #ii1 #bcf4 ,footnote #ff3 ,monier-,williams1 ,buddhism1 p4 #hh4 ,footnote #fg3 ,dubois1 op4 cit4 p4 #acc4 ,cf4 ,monier-,williams1 ,brahmanism and ,hinduism1 p4 #bfa4 ,footnote #fh3 ,kern1 ,manual of ,indian ,buddhism1 p4 #gc4 ,footnote #fi3 ,hopkins1 ,religions of ,india1 p4 #bid4 ,footnote #gj3 ,dhammika-,sutta1 #ba1 quoted by ,monier-,williams1 ,buddhism1 p4 #hh4 ,footnote #ga3 ,rhys ,davids1 ,hibbert ,lectures on ,buddhism1 p4 #adh4 ,footnote #gb3 ,oldenberg1 ,buddha1 p4 #cej sq4 ,footnote #gc3 ,wilson1 ,abode of ,snow1 p4 #bac4 ,footnote #gd3 ,percival1 ,account of the ,island of ,ceylon1 p4 #bjb4 ,footnote #ge3 ,ta ,tsing ,leu ,lee1 sec4 cxiv4 p4 #aah4 ,medhurst1 ',marriage in ,china1' in ,trans4 ,roy4 ,asiatic ,soc4 ,china ,branch1 iv4 #ah4 ,davis1 ,china1 ii4 #ec4 ,footnote #gf3 ,rville1 ,la ,religion ,chinoise1 p4 #dea sq4 ,a small class of ,hebrews held the idea that marriage is impure4 ,the ,essenes1 says ,josephus1 reject pleasure as an evil1 but esteem continence and the conquest over our passions to be virtue4 ,they neglect wedlock4#gg ,this doctrine exercised no influence on ,judaism1 but probably much upon ,christianity4 ,st4 ,paul considered celibacy to be preferable to marriage4 ,he that giveth her 7his virgin7 in marriage doeth well2 but he that giveth her not in marriage doeth better4#gh ,it is good for a man not to touch a woman4 ,nevertheless1 to avoid fornication1 let each man have his own wife1 and let each woman have her own husband4#gi ,if the unmarried and widows cannot contain let them marry1 for it is better to marry than to burn4#hj ,these and other passages#ha in the ,new ,testament inspired a general enthusiasm for virginity4 ,commenting on the words of the ,apostle1 ,tertullian points out that what is better is not necessarily good4 ,it is better to lose one eye than two1 but neither is good2 so also1 though it is better to marry than to burn1 it is far better neither to marry nor to burn4#hb ,marriage consists of that which is the essence of fornication2#hc whereas continence is a means whereby a man will traffic in a mighty substance of sanctity4#hd ,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 virgin2 and ,john the ,baptist1 ,paul1 and all the others whose names are in the book of life#he cherished and loved virginity4#hf ,virginity works miracles3 ,mary1 the sister of ,moses1 leading the female band1 passed on #daa foot over the straits of the sea1 and by the same grace ,thecla was reverenced even by lions1 so that the unfed beasts1 lying at the feet of their prey1 underwent a holy fast1 neither with wanton look nor sharp claw venturing to harm the virgin4#hg ,virginity is like a spring flower1 always softly exhaling immortality from its white petals4#hh ,the ,lord himself opens the kingdoms of the heavens to eunuchs4#hi ,if ,adam had preserved his obedience to the ,creator he would have lived for ever in a state of virgin purity1 and some harmless mode of vegetation would have peopled paradise with a race of innocent and immortal beings4#ij ,it is true that1 though virginity is the shortest way to the camp of the faithful1 the way of matrimony also arrives there1 by a longer circuit4#ia ,tertullian himself opposed the ,marcionites1 who prohibited marriage among themselves and compelled those who were married to separate before they were received by baptism into the community4#ib ,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 ,god4#ic ,but1 at the end of the same century1 a council also excommunicated the monk ,jovinian because he denied that virginity was more meritorious than marriage4#id ,the use of marriage was permitted to man only as a necessary expedient for the continuance of the human species1 and as a restraint1 #dab however imperfect1 on the natural licentiousness of desire4#ie ,the procreation of children is the measure of a ,christian's indulgence in appetite1 just as the husbandman throwing the seed into the ground awaits the harvest1 not sowing more upon it4#if ,footnote #gg3 ,josephus1 ,de bello ,judaico1 ii4 #h4 #b4 ,see also ,solinus1 ,collectanea rerum memorabilium1 xxxv4 #i sq4 ,footnote #gh3 #a ,corinthians1 vii4 #ch4 ,footnote #gi3 ,ibid4 vii4 #a sq4 ,footnote #hj3 ,ibid4 vii4 #i4 ,footnote #ha3 ,st4 ,matthew1 xix4 #ab4 ,revelation1 xiv4 #d2 c4 ,footnote #hb3 ,tertullian1 ,ad uxorem1 i4 #c 7,migne1 op4 cit4 i4 #abgh sq474 ,idem1 ,de monogamia1 #c 7,migne1 ii4 #icb sq474 ,footnote #hc3 ,idem1 ,de exhortatione castitatis1 #i 7,migne1 op4 cit4 ii4 #ibe74 ,footnote #hd3 ,idem1 ,de exhortatione castitatis1 #aj 7,migne1 op4 cit4 ii4 #ibe74 ,footnote #he3 ,philippians1 iv4 #c4 ,footnote #hf3 ,st4 ,clement of ,rome1 ,epistola ,i4 ad virgines1 #f 7,migne1 op4 cit4 ,ser4 ,grca1 i4 #cib74 ,footnote #hg3 ,st4 ,ambrose1 ,epistola ,,lxiii4 #cd 7,migne1 op4 cit4 xvi4 #aaih sq474 ,footnote #hh3 ,methodius1 ,convivium decem virginum1 vii4 #a 7,migne1 op4 cit4 ,ser4 ,grca1 xviii4 #abe74 ,footnote #hi3 ,tertullian1 ,de monogamia1 #c 7,migne1 op4 cit4 ii4 #icb74 ,footnote #ij3 ,this opinion was held by ,gregory of ,nyssa and1 in a later time1 by ,john of ,damascus4 ,it was opposed by ,thomas ,aquinas1 who maintained that the human race was from the beginning propagated by means of sexual intercourse1 but that such intercourse was originally free from all carnal desire 7von ,eicken1 ,geschichte der mittelalterlichen ,weltanschauung1 p4 #dcg sq42 see also ,gibbon1 ,history of the ,decline and ,fall of the ,roman ,empire1 ii4 #ahf74 ,footnote #ia3 ,st4 ,ambrose1 ,epistola ,,lxiii4 #dj 7,migne1 op4 cit4 xvi4 #abjj74 ,footnote #ib3 ,tertullian1 ,adversus ,marcionem1 i4 #a1 #bi2 iv4 #aa2 c4 7,migne1 op4 cit4 ii4 #bdg1 #bhj sqq41 #chb74 ,idem1 ,de monogamia1 #a1 #ae 7,migne1 ii4 #ica1 #iej74 ,cf4 ,irenaeus1 ,contra ,hreses1 i4 #bh4 #a 7,migne1 op4 cit4 ,ser4 ,grca1 vii4 #fij sq472 ,clement of ,alexandria1 ,stromata1 iii4 #c 7,migne1 op4 cit4 ,ser4 ,grca1 viii4 #aaac sqq474 ,footnote #ic3 ,concilium ,gangrense1 can4 #a 7,labbe-,mansi1 ,sacrorum ,conciliorum collectio1 ii4 #aajf74 ,footnote #id3 ,concilium ,mediolanense1 ,a4,d4 #cij 7,labbe-,mansi1 op4 cit4 iii4 #fhi sq474 ,footnote #ie3 ,st4 ,justin1 ,apologia ,i4 pro ,christianis1 #bi 7,migne1 op4 cit4 ,ser4 ,grca1 vi4 #cgc74 ,clement of ,alexandria1 ,stromata1 ii4 #bc 7,migne1 op4 cit4 ,ser4 ,grca1 viii4 #ajhi74 ,gibbon1 op4 cit4 ii4 #ahf4 ,footnote #if3 ,athenagoras1 ,legatio pro ,christianis1 #cc 7,migne1 op4 cit4 ,ser4 ,grca1 vi4 #iff74 ,these opinions led by degrees to the obligatory celibacy of the secular and regular clergy4 ,the conviction that a second marriage of a priest1 or the marriage of a priest with a widow1 is unlawful1 seems to have existed from the earliest period of the ,church2#ig 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 ecclesiastics4#ih ,the celibacy of the clergy in general was prescribed by ,gregory ,,vii41 who looked with abhorrence on the contamination of the holy sacerdotal character1 even in its lowest degree1 by any sexual connection4 ,but in many countries this prescription was so strenuously resisted1 that it could not be carried through till late in the thirteenth century4#ii ,footnote #ig3 ,lea1 ,sacerdotal ,celibacy in the ,christian ,church1 p4 #cg4 ,lecky1 ,history of ,european ,morals1 ii4 #cbh sq4 ,footnote #ih3 ,concilium ,eliberitanum1 ,a4,d4 #cje1 ch4 #cc 7,labbe-,mansi1 op4 cit4 ii4 #aa73--,placuit in totum prohiberi episcopis1 presbyteris1 et diaconibus1 vel omnibus clericis positis in ministerio1 abstinere se a conjugibus suis1 et non generare filios3 quicumque vero fecerit1 ab honore clericatus exterminetur4 ,footnote #ii3 ,gieseler1 ,text-,book of ,ecclesiastical ,history1 ii4 #bge4 ,milman1 ,history of ,latin ,christianity1 ii4 #aej4 ,the practice of religious celibacy may be traced to several sources4 ,in many cases the priestess is obviously regarded as married to the god whom she is serving1 and is therefore forbidden to marry anybody else4 ,in ancient ,peru the ,sun was the husband of the virgins dedicated to him4#ajj ,they were obliged to be of the same blood as their consort1 that is to say1 daughters of the ,incas4 ,for though they imagined that the ,sun had children1 they considered that they ought not to be bastards1 with mixed divine and human blood4 ,so the #dac virgins were of necessity legitimate and of the blood royal1 which was the same as being of the family of the ,sun4#aja ,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 ,inca4#ajb ,concerning the priestesses of the ,tshi-speaking peoples of the ,gold ,coast1 ,major ,ellis remarks that the reason for their celibacy appears to be that a priestess belongs to the god she serves1 and therefore cannot become the property of a man1 as would be the case if she married one4#ajc ,so also the ,e7we-speaking peoples of the ,slave ,coast regard the women dedicated to a god as his wives4#ajd ,in the great temple of ,jupiter ,belus1 we are told1 a single woman used to sleep1 whom the god had chosen for himself out of all the women of the land2 and it was believed that he came down in person to sleep with her4 ,this1 ,herodotus says1 is like the story told by the ,egyptians of what takes place in their city of ,thebes1 where a woman always passes the night in the temple of the ,theban ,jupiter4 ,in each case the woman is said to be debarred all intercourse with men4#aje ,in the ,egyptian texts there are frequent references to the divine consort1 neter h4emt1 a position which was generally occupied by the ruling queen1 and the king was believed to be the offspring of such a union4#ajf ,as ,plutarch states1 the ,egyptians thought it quite possible for a woman to be impregnated by the approach of some divine spirit1 though they denied that a man could have corporeal intercourse with a goddess4#ajg ,nor was the idea of a nuptial relation between a woman and the deity foreign to the early ,christians4 ,st4 ,cyprian speaks of women who had no husband and lord but ,christ1 with whom they lived in a spiritual matrimony--who had dedicated themselves to ,christ1 and1 retiring from carnal #dad lust1 vowed themselves to ,god in flesh and spirit4#ajh ,in the following words he condemns the cohabitation of such virgins with unmarried ecclesiastics1 under the pretence of a purely spiritual connection3--,if a husband come and see his wife lying with another man1 is he not indignant and maddened1 and does he not in the violence of his jealousy perhaps even seize the sword8 ,what8 ,how indignant and angered then must ,christ our ,lord and ,judge be1 when ,he sees a virgin1 dedicated to ,himself1 and consecrated to ,his holiness1 lying with a man6 and what punishments does ,he threaten against such impure connections4 4 4 4 ,she who has been guilty of this crime is an adulteress1 not against a husband1 but ,christ4#aji ,according to the gospel of ,pseudo-,matthew1 the ,virgin ,mary had in a similar manner dedicated herself as a virgin to ,god4#aaj ,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 passions1#aaa as also of the rule which required the priests of certain goddesses to be eunuchs4#aab ,footnote #ajj3 ,garcilasso de la ,vega1 op4 cit4 i4 #big4 ,footnote #aja3 ,ibid4 i4 #bib4 ,footnote #ajb3 ,ibid4 i4 #cjj4 ,footnote #ajc3 ,ellis1 ,tshi-speaking ,peoples1 p4 #aba4 ,footnote #ajd3 ,idem1 ,e7we-speaking ,peoples1 pp4 #adj1 #adb4 ,footnote #aje3 ,herodotus1 i4 #aha sq4 ,footnote #ajf3 ,wiedemann1 ,herodots zweites ,buch1 p4 #bfh4 ,cf4 ,erman1 ,life in ,ancient ,egypt1 p4 #bie sq4 ,footnote #ajg3 ,plutarch1 ,numa1 iv4 #e4 ,idem1 ,symposiaca problemata1 viii4 #a4 #f sq4 ,footnote #ajh3 ,st4 ,cyprian1 ,de habitu virginum1 #d1 #bb 7,migne1 op4 cit4 iv4 #ddc1 #dfb74 ,cf4 ,methodius1 ,convivium decent virginum1 vii4 #a 7,migne1 op4 cit4 ,ser4 ,grca1 xviii4 #abe74 ,footnote #aji3 ,st4 ,cyprian1 ,epistola ,,lxii41 ad ,pomponium de virginibus1 #c sq4 7,migne1 op4 cit4 iv4 #cfh sqq474 ,see also ,neander1 ,general ,history of the ,christian ,religion and ,church1 i4 #cgh4 ,the ,council of ,elvira decreed that such fallen virgins1 if they refused to return back to their former condition1 should be denied communion even at the moment of death 7,concilium ,eliberitanum1 ,a4,d4 #cje1 ch4 #ac ,labbe-,mansi1 op4 cit4 ii4 #h74 ,footnote #aaj3 ,gospel of ,pseudo-,matthew1 #h 7,ante-,nicene ,christian ,library1 xvi4 #be74 ,see also ,gospel of the ,nativity of ,mary1 #g 7ibid4 xvi4 #eg sq474 ,footnote #aaa3 ,wachsmuth1 ,hellenische ,alterthumskunde1 ii4 #efj4 ,footnote #aab3 ,cf4 ,lactantius1 ,divin ,institutiones1 i4 #ag 7,migne1 op4 cit4 vi4 #bjf73--;,deum mater et amavit formosum adolescentem1 et eumdem cum pellice deprehensum exsectis virilibus semivirum reddidit2 et ideo nunc sacra ejus a ,gallis sacerdotibus celebrantur4 ,religious celibacy is further connected with the idea that sexual intercourse is defiling4 ,in ,efate1 of the ,new ,hebrides1 it is regarded as something unclean4#aac ,the ,tahitians believed that if a man refrained from all connections with women some months before death1 he passed #dae immediately into his eternal mansion without any purification4#aad ,herodotus writes3--,as often as a ,babylonian has had intercourse with his wife1 he sits down before a censer of burning incense1 and the woman sits opposite to him4 ,at dawn of day they wash2 for till they are washed they will not touch any of their common vessels4 ,this practice is also observed by the ,arabs4#aae ,among the ,hebrews both the man and woman had to bathe themselves in water1 and were unclean until the even4#aaf ,the idea that sexual intercourse is unclean implies that some degree of supernatural danger is connected with it2#aag and1 as ,mr4 ,crawley has pointed out1 the notion of danger may develop into that of sinfulness4#aah ,where woman is regarded as an unclean being#aai it is obvious that intercourse with her should be considered polluting1 but this is not a sufficient explanation of the idea of sexual uncleanness4 ,a polluting effect is ascribed to any discharge of sexual matter#abj--originally no doubt on account of its mysterious propensities and the veil of mystery which surrounds the whole sexual nature of man4 ,footnote #aac3 ,macdonald1 ,oceania1 p4 #aha4 ,footnote #aad3 ,cook1 ,voyage to the ,pacific ,ocean1 ii4 #afd4 ,footnote #aae3 ,herodotus1 i4 #aih4 ,footnote #aaf3 ,leviticus1 xv4 #ah4 ,footnote #aag3 ,the danger attributed to sexual intercourse has been much emphasised by ,mr4 ,crawley in ,the ,mystic ,rose4 ,see also ,westermarck1 ,marriage ,ceremonies in ,morocco4 ,footnote #aah3 ,crawley1 op4 cit4 p4 #bad4 ,footnote #aai3 ,see supra1 i4 #ffc sqq4 ,footnote #abj3 ,gregory ,,iii41 ,judicia congrua poenitentibus1 ch4 #bd 7,labbe-,mansi1 op4 cit4 xii4 #bic73--;,in somno peccans1 si ex cogitatione pollutus1 viginti duos psalmos cantet3 si in somno peccans sine cogitatione1 duodecim psalmos cantet4 ,poenitentiale ,pseudo-,theodori1 xxviii4 #be 7,wasserschleben1 ,bussordnungen der abendlndischen ,kirche1 p4 #fjj73--,qui in somno1 non voluntate1 pollutus sit1 surgat1 cantetque vii4 psalmos poenitentiales4 ,cf4 ibid4 xxviii4 #f1 #cc 7,wasserschleben1 p4 #eei sq474 ,the idea of sexual defilement is particularly conspicuous in connection with religious observances4 ,it is a common rule that he who performs a sacred act or enters a holy place must be ceremonially clean1#aba and no kind of uncleanness is to be avoided more carefully than sexual pollution4 ,among the ,chippewyans1 if a chief is anxious to know the disposition of his people towards him1 or if he wishes to settle any difference between them1 he announces his intention of opening his medicine-bag and smoking in his #daf sacred stem4 4 4 4 ,no one can avoid attending on these occasions2 but a person may attend and be excused from assisting at the ceremonies1 by acknowledging that he has not undergone the necessary purification4 ,the having cohabited with his wife1 or any other woman1 within twenty-four hours preceding the ceremony1 renders him unclean1 and1 consequently1 disqualifies him from performing any part of it4#abb ,herodotus tells us that the ,egyptians1 like the ,greeks1 made it a point of religion to have no converse with women in the sacred places1 and not to enter them without washing1 after such converse4#abc ,this statement is corroborated by a passage in the ',book of the ,dead4'#abd ,in ,greece#abe and ,india#abf those who took part in certain religious festivals were obliged to be continent for some time previously4 ,before entering the sanctuary of ,mn ,tyrannos1 whose worship was extended over the whole of ,asia ,minor1 the worshipper had to abstain from garlic1 pork1 and women1 and had to wash his head4#abg ,among the ,hebrews it was a duty incumbent upon all to be ritually clean before entering the temple--to be free from sexual defilement1#abh leprosy1#abi and the pollution produced by the association with corpses of human beings1 of all animals not permitted for food1 and of those permitted animals which had died a natural death or been killed by wild beasts2#acj and eating of the consecrated bread was interdicted to persons who had not been continent for some time previously4#aca ,a ,muhammedan would remove any defiled garment before he commences his prayer1 or otherwise abstain from praying altogether2 he would not dare to approach the sanctuary of a saint in a state of sexual uncleanness2 and sexual intercourse is forbidden for those who make the pilgrimage to ,mecca4#acb #dag ,the ,christians prescribed strict continence as a preparation for baptism#acc and the partaking of the ,eucharist4#acd ,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 together2#ace and in the ',vision' of ,alberic1 dating from the twelfth century1 a special place of torture1 consisting of a lake of mingled lead1 pitch1 and resin1 is represented as existing in hell for the punishment of married people who have had intercourse on ,sundays1 church festivals1 or fast-days4#acf ,they abstained from the marriage-bed at other times also1 when they were disposed more freely to give themselves to prayer4#acg ,newly married couples were admonished to practise continence during the wedding day and the night following1 out of reverence for the sacrament2 and in some instances their abstinence lasted even for two or three days4#ach ,footnote #aba3 ,see supra1 ii4 #bid1 #bie1 #ceb sq4 ,footnote #abb3 ,mackenzie1 ,voyages to the ,frozen and ,pacific ,oceans1 p4 cii4 sq4 ,footnote #abc3 ,herodotus1 ii4 #fd4 ,footnote #abd3 ,wiedemann1 ,herodots zweites ,buch1 p4 #bfi sq4 ,footnote #abe3 ,wachsmuth1 op4 cit4 ii4 #efj4 ,footnote #abf3 ,oldenberg1 ,die ,religion des ,veda1 p4 #daa4 ,footnote #abg3 ,foucart1 ,des associations religieuses chez les ,grecs1 pp4 #aai1 #abc sq4 ,footnote #abh3 ,leviticus1 chs4 xii41 xv4 ,footnote #abi3 ,ibid4 ch4 xiii4 sq4 ,footnote #acj3 ,ibid4 xi4 #bd sqq42 xvii4 #ae4 ,numbers1 xix4 #ad sqq4 ,montefiore1 ,hibbert ,lectures on the ,religion of the ,ancient ,hebrews1 p4 #dgf4 ,footnote #aca3 #a ,samuel1 xxi4 #d sq4 ,footnote #acb3 ,koran1 ii4 #aic4 ,footnote #acc3 ,st4 ,augustine1 ,de fide et operibus1 vi4 #h 7,migne1 op4 cit4 xl4 #bjb74 ,footnote #acd3 ,st4 ,jerome1 ,epistola ,,xlviii4 #ae 7,migne1 op4 cit4 xxii4 #eje sq474 ,footnote #ace3 ,lecky1 ,history of ,european ,morals1 ii4 #cbd4 ,st4 ,gregory the ,great1 ,dialogi1 i4 #aj 7,migne1 op4 cit4 lxxvii4 #bjj sq474 ,footnote #acf3 ,albericus1 ,visio1 ch4 #e1 p4 #ag4 ,delepierre1 ,l'enfer dcrit par ceux qui l'ont vu1 p4 #eg sq4 ,on this subject see also ,mller1 ,das sexuelle ,leben der christlichen ,kulturvlker1 pp4 #eb1 #ec1 #abj sq4 ,footnote #acg3 ,st4 ,jerome1 ,epistola ,,xlviii4 #ae 7,migne1 op4 cit4 xxii4 #eje74 ,fleury1 ,manners and ,behaviour of the ,christians1 p4 #ge4 ,footnote #ach3 ,muratori1 ,dissertazioni sopra le antichit italiane1 #bj1 vol4 i4 #cdg4 ,holiness is a delicate quality which is easily destroyed if anything polluting is brought into contact with the holy object or person4 ,the ,moors believe that if anybody who is sexually unclean enters a granary the grain will lose its baraka1 or holiness4 ,a similar idea probably underlies the belief prevalent among various peoples that incontinence1 and especially illicit love1 injures the harvest4#aci ,in ,efate1 namim1 or uncleanness1 supposed to be contracted in various emergencies1 was especially avoided #dah by the sacred men1 because it was believed to destroy their sacredness4#adj ,the priestly taboos1 of which ,sir ,j4 ,g4 ,frazer has given such an exhaustive account in ',the ,golden ,bough1' have undoubtedly in a large measure a similar origin4 ,nay1 it seems that pollution not only deprives the holy person of his holiness1 but is also supposed to injure him in a more positive way4 ,when the supreme pontiff in the kingdom of ,congo left his residence to visit other places within his jurisdiction1 all married people had to observe strict continence the whole time he was out1 as it was believed that any act of incontinence would prove fatal to him4#ada ,in self-defence1 therefore1 gods and holy persons try to prevent polluted individuals from approaching them1 and their worshippers are naturally anxious to do the same4 ,but apart from the resentment which the sacred being would feel against the defiler1 it appears that holiness is supposed to react quite mechanically against pollution1 to the destruction or discomfort of the polluted individual4 ,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 saint2 but the ,arabs of ,dukkla1 in ,southern ,morocco1 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 endowed4 ,it should further be noticed that1 owing to the injurious effect of pollution upon holiness1 an act generally regarded as sacred would1 if performed by an unclean individual1 lack that magic efficacy which otherwise would be ascribed to it4 ,muhammed represented ceremonial cleanliness as one-half of the faith and the key of prayer4#adb ,the ,moors say that a scribe is afraid of evil spirits only when he is sexually unclean1 because then his reciting of passages of the ,koran--the most powerful weapon against such spirits--would be of no avail4 ,the ,syrian philosopher ,jamblichus #dai speaks of the belief that the gods do not hear him who invokes them1 if he is impure from venereal connections4#adc ,a similar notion prevailed among the early ,christians2 with reference to a passage in the ,first ,epistle of the ,corinthians1#add ,tertullian remarks that the ,apostle added the recommendation of a temporary abstinence for the sake of adding an efficacy to prayers4#ade ,to the same class of beliefs belongs the notion that a sacrificial victim should be clean and without blemish4#adf ,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 woman4#adg ,footnote #aci3 ,frazer1 ,golden ,bough1 ii4 #bji sqq4 ,this is in my opinion a more natural explanation than the one suggested by ,sir ,j4 ,g4 ,frazer1 namely1 that uncivilised man imagines that the vigour which he refuses to expend in reproducing his own kind1 will form as it were a store of energy whereby other creatures1 whether vegetable or animal1 will somehow benefit in propagating their species4 ,this theory entirely fails to account for the fact that illicit love1 by preference1 is supposed to mar the fertility of the earth and to blight the crops--a belief which is in full accordance with my own explanation1 in so far as such love is considered particularly polluting4 ,footnote #adj3 ,macdonald1 ,oceania1 p4 #aha4 ,footnote #ada3 ,labat1 ,relation historique de l',ethiopie occidentale1 i4 #bei sq4 ,footnote #adb3 ,pool1 ,studies in ,mohammedanism1 p4 #bg4 ,footnote #adc3 ,jamblichus1 ,de mysteriis1 iv4 #aa4 ,footnote #add3 #a ,corinthians1 vii4 #e4 ,footnote #ade3 ,tertullian1 ,de exhortatione castitatis1 #aj 7,migne1 op4 cit4 ii4 #ibf74 ,footnote #adf3 ,see supra1 ii4 #bie sq4 ,footnote #adg3 ,simon1 quoted by ,waitz1 ,anthropologie der ,naturvlker1 iv4 #cfc4 ,see infra1 ,additional ,notes4 ,if ceremonial cleanliness is required even of the ordinary worshipper it is all the more indispensable in the case of a priest2#adh and of all kinds of uncleanness none is to be more carefully avoided than sexual pollution4 ,sometimes admission into the priesthood is to be preceded by a period of continence4#adi ,in the ,marquesas ,islands no one could become a priest without having lived chastely for several years previously4#aej ,among the ,tshi-speaking peoples of the ,gold ,coast men and women1 in order to become members of the priesthood1 have to pass through a long novitiate1 generally from two to three years1 during which they live in retirement and are instructed by the priests in the secrets of the craft2 and the people believe that1 during this period of retirement and study1 the novices must keep their bodies pure1 and refrain from all commerce with the other sex4#aea ,the ,huichols of ,mexico1 again1 are of opinion that a man who wishes to become a shaman must be faithful to his wife for five years1 and that1 if he violates this rule1 he is sure to be taken ill and will lose the power of healing4#aeb ,in ancient ,mexico the priests1 all #dbj the time that they were employed in the service of the temple1 abstained from all other women but their wives1 and even affected so much modesty and reserve1 that when they met a woman they fixed their eyes on the ground that they might not see her4 ,any incontinence amongst the priests was severely punished4 ,the priest who1 at ,teohuacan1 was convicted of having violated his chastity1 was delivered up by the priests to the people1 who at night killed him by the bastinado4#aec ,among the ,kotas of the ,neilgherry ,hills the priests--who1 unlike the dairymen of their ,toda neighbours are not celibates--are at the great festival in honour of ,kamataraya forbidden to live or hold intercourse with their wives for fear of pollution1 and are then even obliged to cook their meals themselves4#aed ,it seems that1 according to the ,anatolian religion1 married hieroi had to separate from their wives during the period they were serving at the temple4#aee ,the ,hebrew priest should avoid all unchastity2 he was not allowed to marry a harlot1 or a profane1 or a divorced wife1#aef and the high-priest was also forbidden to marry a widow4#aeg ,nay1 even in a priest's daughter unchastity was punished with excessive severity1 because she had profaned her father2 she was to be burned4#aeh ,footnote #adh3 ,cf4 supra1 ii4 #ceb sq4 ,footnote #adi3 ,cf4 ,landtman1 op4 cit4 p4 #aah sqq4 ,footnote #aej3 ,waitz-,gerland1 ,anthropologie der ,naturvlker1 vi4 #chg4 ,footnote #aea3 ,ellis1 ,tshi-speaking ,peoples1 p4 #abj4 ,footnote #aeb3 ,lumholtz1 ,unknown ,mexico1 ii4 #bcf4 ,footnote #aec3 ,clavigero1 op4 cit4 i4 #bgd4 ,footnote #aed3 ,thurston1 in the ,madras ,government ,museum's ,bulletin1 i4 #aic4 ,footnote #aee3 ,ramsay1 ,cities and ,bishoprics of ,phrygia1 i4 #acf1 #acg1 #aej sq4 ,footnote #aef3 ,leviticus1 xxi4 #g4 ,footnote #aeg3 ,ibid4 xxi4 #ad4 ,footnote #aeh3 ,ibid4 xxi4 #i4 ,carried further1 the idea underlying all these rules and practices led to the notions that celibacy is more pleasing to ,god than marriage1#aei and that it is a religious duty for those members of the community whose special office is to attend to the sacred cult4 ,for a nation like the ,jews1 whose ambition was to live and to multiply1 celibacy could never become an ideal2 whereas the ,christians1 who professed the most perfect indifference to all earthly matters1 found no difficulty in glorifying a state which1 however opposed it was to the interests of the race and the nation1 made men pre-eminently fit to approach their god4 ,indeed1 #dba far from being a benefit to the kingdom of ,god by propagating the species1 sexual intercourse was on the contrary detrimental to it by being the great transmitter of the sin of our first parents4 ,this argument1 however1 was of a comparatively late origin4 ,pelagius himself almost rivalled ,st4 ,augustine in his praise of virginity1 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 ,adam4#afj ,footnote #aei3 ,cf4 supra1 ii4 #ceh4 ,footnote #afj3 ,milman1 op4 cit4 i4 #aea1 #aec4 ,religious celibacy is1 moreover1 enjoined or commended as a means of self-mortification supposed to appease an angry god1 or with a view to raising the spiritual nature of man by suppressing one of the strongest of all sensual appetites4 ,thus we find in various religions celibacy side by side with other ascetic observances practised for similar purposes4 ,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 mortification1 with silence1 retirement1 poverty1 labour1 fastings1 watchings1 and continual praying4 ,they were not esteemed as virgins who would not deny themselves the common diversions of the world1 even the most innocent4#afa ,tertullian enumerates virginity1 widowhood1 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 suffering4#afb ,finally1 it was argued that marriage prevents a person from serving ,god perfectly1 because it induces him to occupy himself too much with worldly things4#afc ,though not contrary to the act of charity or the love of ,god1 says ,thomas ,aquinas1 it is nevertheless an obstacle to it4#afd ,this was one1 but certainly not the only1 cause of the obligatory celibacy which the ,christian ,church imposed upon her clergy4 ,footnote #afa3 ,fleury1 op4 cit4 p4 #abh sq4 ,footnote #afb3 ,tertullian1 ,de resurrectione carnis1 #h 7,migne1 op4 cit4 ii4 #hjf74 ,footnote #afc3 ,vincentius ,bellovacensis1 ,speculum naturale1 xxx4 #dc4 ,see also von ,eicken1 op4 cit4 p4 #dde4 ,footnote #afd3 ,thomas ,aquinas1 ,summa theologica1 ii4-ii4 #ahd4 #c4 ,,chapter ,,xlii ,,free ,,love--,,adultery ,,hardly less variable than the moral ideas relating to marriage are those concerning sexual relations of a non-matrimonial character4 ,among many uncivilised peoples both sexes enjoy perfect freedom previous to marriage1 and in some cases it is considered almost dishonourable for a girl to have no lover4 ,the ,east ,african ,barea and ,kunma do not regard it as in the least disreputable for a girl to become pregnant1 nor do they punish nor censure the seducer4#a ,among the ,wanyoro it constantly happens that young girls spend the night with their lovers1 only returning to their father's house in the morning1 and this is not considered scandalous49999#b ,the ,wadigo regard it as disgraceful1 or at least as ridiculous1 for a girl to enter into marriage as a virgin4#c ,among the ,bakongo1 womanly chastity is unknown1 and a woman's honour is measured by the price she costs4#d ,over nearly the whole of ,british ,central ,africa1 says ,sir ,h4 ,johnston1 before a girl is become a woman 7that is to say before she is able to conceive7 it is a matter of absolute indifference what she does1 and scarcely any girl remains a virgin after about five years of age4#e ,among the ,baronga l'opinion publique se moque des gens continents plus qu'elle ne les admire4#f ,according to ,mr4 ,warner1 seduction of virgins1 and cohabiting with unmarried women and #dbc widows1 are not punishable by ,kafir law1 neither does any disgrace attach to either sex by committing such acts4#g ,in ,madagascar continence is not supposed to exist in either sex before marriage1 4 4 4 and its absence is not regarded as a vice4#h ,among the ,maoris of ,new ,zealand girls were at perfect liberty to act as they pleased until married1 and chastity in single women was held of little account4#i ,in the ,tonga ,islands unmarried women might bestow their favours upon whomsoever they pleased without any opprobrium1 although it was thought shameful for a woman frequently to change her lover4#aj ,in the ,solomon ,islands female chastity is a virtue that would sound strangely in the ear of the native2 and in ,st4 ,christoval and the adjacent islands1 for two or three years after a girl has become eligible for marriage she distributes her favours amongst all the young men of the village4#aa ,in the ,malay ,archipelago intercourse between unmarried people is very commonly considered neither a crime nor a disgrace2#ab and the same is perhaps even more generally the case among the uncivilised races of ,india and ,indo-,china4#ac ,among the ,angami ,nagas1 for instance1 girls consider short hair1 the symbol of virginity1 a disgrace1 and are anxious to become entitled to wear it long2 men are desirous before marriage to have proof that their wives will not be barren4 4 4 4 ,chastity begins with marriage4#ad ,the ,jakuts see nothing immoral in free love1 provided only that nobody suffers material loss by it4#ae ,among the ,votyaks it is disgraceful for a girl to be little sought after by the young men1 and it is honourable for her to have children2 she then gets a wealthier husband1 and a higher price is paid for her to her father4#af ,the ,kamchadales set no great value on the virginity of their brides4#ag ,of the ,point ,barrow ,eskimo ,mr4 ,murdoch writes3--,as to the relations between the sexes there seems to be the most complete absence of what we consider moral feelings4 ,promiscuous sexual #dbd intercourse between married or unmarried people1 or even among children1 appears to be looked upon simply as a matter for amusement4 ,as far as we could learn1 unchastity in a girl was considered nothing against her4 ,the immorality of these people among themselves1 as we witnessed it1 seems too purely animal and natural to be of recent growth or the result of foreign influence4 ,moreover1 a similar state of affairs has been observed among ,eskimo elsewhere4#ah ,footnote #a3 ,munzinger1 ,ostafrikanische ,studien1 p4 #ebd4 ,footnote #b3 ,emin ,pasha in ,central ,africa1 p4 #hb4 ,cf4 ibid4 p4 #bjh 7,monbuttu74 ,footnote #c3 ,baumann1 ,usambara1 p4 #aeb4 ,footnote #d3 ,johnston1 ,british ,central ,africa1 p4 #dje4 ,footnote #e3 ,ibid4 p4 #dji1 note4 ,footnote #f3 ,junod1 ,les ,ba-,ronga1 p4 #bi4 ,footnote #g3 ,warner1 in ,maclean1 ,compendium of ,kafir ,laws1 p4 #fc4 ,footnote #h3 ,ellis1 ,history of ,madagascar1 i4 #acg sq4 ,footnote #i3 ,taylor1 ,te ,ika a ,maui1 p4 #cc4 ,gisborne1 ,colony of ,new ,zealand1 p4 #bg4 ,footnote #aj3 ,mariner1 ,natives of the ,tonga ,islands1 ii4 #agd4 ,footnote #aa3 ,guppy1 ,solomon ,islands1 p4 #dc4 ,footnote #ab3 ,wilken1 ',plechtigheden en gebruiken bij verlovingen en huwelijken bij de volken van den ,indischen ,archipel1' in ,bijdragen tot de taal- land- en volkenkunde van ,nederlandsch-,indi1 ser4 v4 vol4 iv4 #dcd sqq4 ,footnote #ac3 ,westermarck1 ,history of ,human ,marriage1 p4 #ga4 ,crooke1 ,tribes and ,castes of the ,north-,western ,provinces and ,oudh1 i4 p4 clxxxiv4 ,footnote #ad3 ,prain1 ',angami ,nagas1' in ,revue coloniale internationale1 v4 #dia sq4 ,footnote #ae3 ,sumner1 in ,jour4 ,anthr4 ,inst4 xxxi4 #if4 ,footnote #af3 ,buch1 ',die ,wotjken1' in ,acta ,soc4 ,scientiarum ,fennic1 xii4 #eji4 ,footnote #ag3 ,georgi1 ,russia1 iii4 #aef4 ,footnote #ah3 ,murdoch1 ',ethnological ,results of the ,point ,barrow ,expedition1' in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #dai sq4 ,see also ,turner1 ',ethnology of the the ,ungava ,district1' in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #ahi 7,koksoagmyut72 ,parry1 ,second ,voyage for the ,discovery of a ,north-,west ,passage1 p4 #ebi 7,eskimo of ,igloolik and ,winter ,island74 ,yet however commonly chastity is disregarded in the savage world1 we must not suppose that such disregard is anything like a universal characteristic of the lower races4 ,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 woman1 sometimes punishable with banishment from the community or even with death2#ai and it is noteworthy that to this group of peoples belong savages of so low a type as the ,veddahs of ,ceylon1#bj the ,igorrotes of ,luzon1#ba and certain ,australian tribes4#bb ,i have also called attention to facts which seem to prove that in several cases the wantonness of savages is largely due to foreign influence4 ,the pioneers of a higher civilisation are very frequently unmarried men who go out to make their living in uncivilised lands1 and1 though unwilling to contract regular marriages with native women1 they have no objection to corrupting their morals4#bc ,moreover1 in many tribes the #dbe free intercourse which prevails between unmarried people is not of a promiscuous nature1 and leads necessarily to marriage should the girl prove with child4#bd ,nay1 among various uncivilised races not only the girl1 but the man who seduces her is subject to punishment or censure4 ,footnote #ai3 ,westermarck1 op4 cit4 p4 #fa sqq4 ,footnote #bj3 ,nevill1 ',vaeddas of ,ceylon1' in ,taprobanian1 i4 #agh4 ,footnote #ba3 ,meyer1 ',igorrotes von ,luzon1' in ,verhandl4 ,berliner ,gesellsch4 f4 ,anthrop4 #ahhc1 p4 #chd sq4 ,blumentritt1 ,ethnographie der ,philippinen1 p4 #bg4 ,footnote #bb3 ,westermarck1 op4 cit4 p4 #fd sq4 ,holden1 in ,taplin1 ,folklore of the ,south ,australian ,aborigines1 p4 #ai4 ,footnote #bc3 ,it is strange to hear from a modern student of anthropology1 and especially from an ,australian writer1 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 7,sutherland1 ,origin and ,growth of the ,moral ,instinct1 i4 #ahf74 ,mr4 ,edward ,stephens 7',aborigines of ,australia1' in ,jour4 ,proceed4 ,royal ,soc4 ,n4 ,s4 ,wales1 xxiii4 #dhj7 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 ago4 ,footnote #bd3 ,westermarck1 op4 cit4 pp4 #bc1 #bd1 #ga4 ,among the ,east ,african ,takue a seducer may have to pay the same sum as if he had killed the girl1 although the fine is generally reduced to fifty cows4#be ,among the ,beni ,amer and ,marea he is killed1 together with the girl and the child4#bf ,in ,tessaua a fine of #ajj1jjj kurdi is imposed on the father of a bastard child4#bg ,among the ,beni ,mzab a man who seduces a girl has to pay two hundred francs and is banished for four years4#bh ,among the ,ted he is exposed to the revenge of her father4#bi ,the ,baziba look upon illegitimate intercourse between the sexes as the most serious offence1 though no action is taken until the birth of a child2 then the man and woman are bound hand and foot and thrown into ,lake ,victoria4#cj ,among the ,bakoki1 whilst the girl was driven from home and remained for ever after an outcast1 the man was fined three cows to her father and one to the chief4#ca ,certain ,west ,african savages described by ,mr4 ,winwood ,reade1 who banish from the clan a girl guilty of wantonness1 inflict severe flogging on the seducer4#cb ,in ,dahomey a man who seduces a girl is compelled by law to marry her and to pay eighty cowries to the parent or master4#cc ,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 child2#cd whilst in the ,gaika tribe the mere seduction of a virgin incurs the fine of three or four head of cattle4#ce ,casalis mentions an interesting custom prevalent among the ,basutos1 which on the one hand illustrates the belief that sexual intercourse in certain circumstances exposes a person to supernatural danger1 and on the other hand indicates that unchastity in unmarried men is not looked upon with perfect indifference3--,immediately after the birth of a child the fire of the dwelling was kindled afresh4 ,for this purpose it was necessary that a young man of chaste habits should rub two #dbf pieces of wood quickly one against another1 until a flame sprung up1 pure as himself4 ,it was firmly believed that a premature death awaited him who should dare to take upon himself this office1 after having lost his innocence4 ,as soon1 therefore1 as a birth was proclaimed in the village1 the fathers took their sons to undergo the ordeal4 ,those who felt themselves guilty confessed their crime1 and submitted to be scourged rather than expose themselves to the consequences of a fatal temerity4#cf ,livingstone1 speaking of the good name which was given to him by the ,bakwains1 observes3--,no one ever gains much influence in this country without purity and uprightness4 ,the acts of a stranger are keenly scrutinised by both young and old1 and seldom is the judgment pronounced1 even by the heathen1 unfair or uncharitable4 ,i have heard women speaking in admiration of a white man1 because he was pure1 and never was guilty of any secret immorality4 ,had he been1 they would have known it1 and1 untutored heathen though they be1 would have despised him in consequence4#cg ,footnote #be3 ,munzinger1 ,ostafrikanische ,studien1 p4 #bjh4 ,footnote #bf3 ,ibid4 p4 #cbb4 ,footnote #bg3 ,barth1 ,reisen in ,nord- und ,central-,afrika1 ii4 #ah4 ,footnote #bh3 ,chavanne1 ,die ,sahara1 p4 #cae4 ,footnote #bi3 ,nachtigal1 ,sahara und ,sudan1 i4 #ddi4 ,footnote #cj3 ,cunningham1 ,uganda1 p4 #bij4 ,footnote #ca3 ,ibid4 p4 #ajb4 ,footnote #cb3 ,reade1 ,savage ,africa1 p4 #bfa4 ,footnote #cc3 ,forbes1 ,dahomey1 i4 #bf4 ,footnote #cd3 ,warner1 in ,maclean1 op4 cit4 p4 #fd4 ,footnote #ce3 ,brownlee1 ibid4 p4 #aab4 ,footnote #cf3 ,casalis1 ,basutos1 p4 #bfg sq4 ,footnote #cg3 ,livingstone1 ,missionary ,travels1 p4 #eac4 ,of the ,australian ,maroura tribe1 ,lower ,darling1 we are told that before the advent of the whites their laws were strict1 especially those regarding young men and young women4 ,it was almost death to a young lad or man who had sexual intercourse till married4#ch ,among various tribes in ,western ,victoria illegitimacy is rare1 and is looked upon with such abhorrence that the mother is always severely beaten by her relatives1 and sometimes put to death and burned4 ,her child is occasionally killed and burned with her4 ,the father of the child is also punished with the greatest severity1 and occasionally killed4#ci ,footnote #ch3 ,holden1 in ,taplin1 ,folklore of the ,south ,australian ,aborigines1 p4 #ai4 ,footnote #ci3 ,dawson1 ,australian ,aborigines1 p4 #bh4 ,in ,nias the pregnancy of an unmarried girl is punished with death1 inflicted not only upon her but upon the seducer as well4#dj ,among the ,bdo and ,dhimls of ,india chastity is prized in man and woman1 married and unmarried4#da ,among the ,tunguses in irregular amours only the men are punished1 the seducer being obliged either to purchase the girl at a certain price or1 if he refuses1 to submit to corporal punishment4#db ,among the ,thlinkets1 if unmarried women prove frail the partner of their guilt1 if discovered1 is bound to make reparation to the parents1 soothing their wounded honour with handsome #dbg presents4#dc ,in certain ,north ,american tribes the seducer is said to be viewed with even more contempt than the girl whom he has dishonoured4#dd ,footnote #dj3 ,wilken1 in ,bijdragen tot de taal- land- en volkenkunde van ,nederlandsch-,indi1 ser4 v4 vol4 iv4 #ddd4 ,footnote #da3 ,hodgson1 ,miscellaneous ,essays1 i4 #abc4 ,footnote #db3 ,georgi1 op4 cit4 iii4 #hd4 ,footnote #dc3 ,douglas1 quoted by ,petroff1 ,report on ,alaska1 p4 #agg4 ,footnote #dd3 ,westermarck1 op4 cit4 p4 #ff4 ,passing to more advanced races1 we find that chastity is regarded as a duty for unmarried women1 whilst a different standard of morality is generally applied to men4 ,confucianism1 says ,mr4 ,griffis1 virtually admits two standards of morality1 one for man1 another for woman4 4 4 4 ,chastity is a female virtue1 it is a part of womanly duty1 it has little or no relation to man personally4#de ,yet it is held up as an ideal even to men4 ,it is said that in youth1 when the physical powers are not yet settled1 the superior man guards against lust4#df ,though licentious in their habits1 the ,chinese exalt and dignify chastity as a means of bringing the soul and body nearer to the highest excellence2#dg one of their proverbs even maintains that of the myriad vices1 lust is the worst4#dh ,chastity for its own sake1 when defended by a woman at the expense of her life1 meets with a reward at the hands of the ,government4 ,if a woman--so the ,ordinances run--be compelled by her husband to prostitute herself for money1 and takes her own life in order to preserve her chastity1 or if an unmarried virgin loses her life in defending herself against violation1 an honorary gate shall be erected in each case near the door of the paternal dwelling4#di ,according to the ,chinese ,penal ,code1 criminal intercourse by mutual consent with an unmarried woman shall be punished with seventy blows1 whilst the punishment for such intercourse with a married woman is eighty blows4#ej ,footnote #de3 ,griffis1 ,religions of ,japan1 p4 #adi4 ,footnote #df3 ,lun ,y1 xvi4 #g4 ,footnote #dg3 ,wells ,williams1 ,middle ,kingdom1 ii4 #aic4 ,footnote #dh3 ,smith1 ,proverbs of the ,chinese1 p4 #bef4 ,footnote #di3 de ,groot1 ,religious ,system of ,china1 7vol4 ii4 book7 i4 #geb sq4 ,footnote #ej3 ,ta ,tsing ,leu ,lee1 sec4 ccclxvi4 p4 #djd4 ,among the ancient ,hebrews fornication was forbidden to women#ea but not to men4 ,the action of ,judah towards the supposed harlot on the way to ,timnath is mentioned #dbh as the most natural thing in the world1#eb even though the perpetrator was a man of wealth and position1 a man whom his brethren shall praise and before whom his father's children shall bow down4#ec ,throughout the ,muhammedan world chastity is regarded as an essential duty for a woman4#ed ,in ,persia an unmarried girl who gave birth to a child would surely be killed4#ee ,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 neck1 or cutting her to pieces1 and then throwing her remains into the river4#ef ,among the ,jbla and ,rif ,berbers of ,morocco she is also frequently killed4 ,for unmarried men1 on the other hand1 chastity is by ,muhammedans at most looked upon as an ideal1 almost out of reach4 ,the ,caliph ,ali said that with a man who is modest and chaste nobody should find fault4#eg ,we are told that the ,muhammedans of ,india consider it inconceivable that a ,moslem should have illicit intercourse with a free ,muhammedan woman2#eh but connections with slave girls are regarded in a different light4 ,footnote #ea3 ,leviticus1 xix4 #bi4 ,deuteronomy1 xxiii4 #ah4 ,footnote #eb3 ,genesis1 xxxviii4 #ae sqq4 ,footnote #ec3 ,ibid4 xlix4 #h4 ,footnote #ed3 ,burton1 ,sindh1 p4 #bie4 ,footnote #ee3 ,polak1 ,persien1 i4 #bag4 ,footnote #ef3 ,lane1 ,manners and ,customs of the ,modern ,egyptians1 p4 #bji4 ,footnote #eg3 ,ameer ,ali1 ,ethics of ,islm1 p4 #cj4 ,footnote #eh3 ,lane-,poole1 ,studies in a ,mosque1 p4 #ajf4 ,among the ,hindus sexual impurity is scarcely considered a sin in the men1 but in females nothing is held more execrable or abominable4 ,the unhappy inhabitants of houses of ill fame are looked upon as the most degraded of the human species4#ei ,in one of the ,pahlavi texts continence is recommended from the point of view of prudence3--,commit no lustfulness1 so that harm and regret may not reach thee from thine own actions4#fj ,but in ,zoroastrianism1 also1 chastity is chiefly a female duty4 ,it is written in the ,avesta1 ,any woman that has given up her body to two men in one day is sooner to be killed than a wolf1 a lion1 or a snake4#fa ,footnote #ei3 ,calcutta ,review1 ii4 #bc4 ,dubois1 ,description of the ,character1 c4 of the ,people of ,india1 p4 #aic4 ,cf4 ,laws of ,manu1 ix4 #ea sq4 ,footnote #fj3 ,dn- ,mang- ,khirad1 ii4 #bc sq4 ,footnote #fa3 ,darmesteter1 in ,sacred ,books of the ,east1 iv4 #bjf1 n4 #a4 #dbi ,among the ancient ,teutons an unmarried woman who belonged to an honourable family was severely punished for going wrong1 and the seducer was exposed to the revenge of her family1 or had to pay compensation for his deed4#fb ,the yet un-,romanised ,saxons1 down to the days of ,st4 ,boniface1 compelled a maiden who had dishonoured her father's house1 as well as an adulteress1 to hang herself1 after which her body was burned and her paramour hung over the blazing pile2 or she was scourged or cut with knives by all the women of the village till she was dead4#fc ,footnote #fb3 ,brunner1 ,deutsche ,rechtsgeschichte1 ii4 #fei sqq4 ,wilda1 ,strafrecht der ,germanen1 p4 #gii sqq4 ,nordstrm1 ,bidrag till den svenska samhlls-frfattningens historia1 ii4 #fg4 ,maurer1 ,bekehrung des ,norwegischen ,stammes1 ii4 #aed4 ,footnote #fc3 ,milman1 ,history of ,latin ,christianity1 ii4 #ed4 ,in ,greece the chastity of an unmarried girl was anxiously guarded4#fd ,according to ,athenian law1 the relatives of a maiden who had lost her virtue could with impunity kill the seducer on the spot4#fe ,virginity was an object of worship4 ,chastity was the pre-eminent attribute of sanctity ascribed to ,athene and ,artemis1 and the ,parthenon1 or virgin's temple1 was the noblest religious edifice of ,athens4#ff ,it is true that a certain class of courtesans occupied a remarkably high position in the social life of ,greece1 being admired and sought after even by the principal men4 ,but they did so on account of their extraordinary beauty or their intellectual superiority2 to the ,greek mind the moral standard was by no means the only standard of excellence4 ,the ,romans1 on the other hand1 regarded the courtesan class with much contempt4#fg ,in ,a4,d4 #ai the profligacy of women was checked by stringent enactments1 and it was provided that no woman whose grandfather1 father1 or husband had been a ,roman knight should get money by prostitution4 #fh ,the names of prostitutes had to be published on the aedile's list1 as ,tacitus says1 according to a recognised custom #dcj of our ancestors1 who considered it a sufficient punishment on unchaste women to have to profess their shame4#fi ,but both in ,rome and ,greece pre-nuptial unchastity in men1 when it was not excessive#gj or did not take some especially offensive form1 was hardly censured by public opinion4#ga ,the elder ,cato expressly justified it4#gb ,cicero says3--,if there be any one who thinks that youth is to be wholly interdicted from amours with courtesans1 he certainly is very strict indeed4 ,i cannot deny what he says2 but still he is at variance not only with the licence of the present age1 but even with the habits of our ancestors1 and with what they used to consider allowable4 ,for when was the time that men were not used to act in this manner8 ,when was such conduct found fault with8 ,when was it not permitted8 ,when1 in short1 was the time when that which is lawful was not lawful8#gc ,epictetus only went a little step further4 ,he said to his disciples3--,concerning sexual pleasures1 it is right to be pure before marriage1 as much as in you lies4 ,but if you indulge in them1 let it be according to what is lawful4 ,but do not in any case make yourself disagreeable to those who use such pleasures1 nor be fond of reproving them1 nor of putting yourself forward as not using them4#gd ,here chastity in men is at all events recognised as an ideal4 ,but even in pagan antiquity there were a few who enjoined it as a duty4#ge ,musonius ,rufus emphatically asserted that no union of the sexes other than marriage was permissible1#gf and ,dio ,chrysostom desired prostitution to be suppressed by law4#gg ,similar opinions grew up in connection with the ,neo-,platonic and ,neo-,pythagorean philosophies1 and may be traced back to the ancient masters themselves4 ,we are told that ,pythagoras inculcated the virtue of #dca chastity so successfully that when ten of his disciples1 being attacked1 might have escaped by crossing a bean-field1 they died to a man rather than tread down the beans1 which were supposed to have a mystic affinity with the seat of impure desires4#gh ,plato1 again1 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 wife1 or sow the unconsecrated and bastard seed among harlots1 or in barren and unnatural lusts4 ,our citizens1 he says1 ought not to be worse than birds and beasts1 which live without intercourse1 pure and chaste1 until the age for procreation1 and afterwards1 when they have arrived at that period and the male has paired with the female and the female with the male1 live the rest of their lives in holiness and innocence1 abiding firmly in their original compact4#gi ,footnote #fd3 ,see ,denis1 ,histoire des thories et des ides morales dans l'antiquit1 i4 #fi sq4 ,footnote #fe3 ,schmidt1 ,die ,ethik der alten ,griechen1 ii4 #aic4 ,footnote #ff3 ,see ,lecky1 ,history of ,european ,morals1 i4 #aje4 ,footnote #fg3 ,ibid4 ii4 #cjj4 ,footnote #fh3 ,tacitus1 ,annales1 ii4 #he4 ,footnote #fi3 ,tacitus1 ,annales1 ii4 #he4 ,footnote #gj3 ,valerius ,maximus 7,facta dictaque memorabilia1 ii4 #e4 #f7 praises frugalitas as immoderato ,veneris usu aversa4 ,footnote #ga3 ,lecky1 op4 cit4 ii4 #cad4 ,footnote #gb3 ,horace1 ,satir1 i4 #b4 #ca sq4 ,footnote #gc3 ,cicero1 ,pro ,coelio1 #bj 7#dh74 ,footnote #gd3 ,epictetus1 ,enchiridion1 xxxiii4 #h4 ,footnote #ge3 ,denis1 op4 cit4 ii4 #acc sqq4 ,footnote #gf3 ,musonius ,rufus1 quoted by ,stobus1 ,florilegium1 vi4 #fa4 ,footnote #gg3 ,denis1 op4 cit4 ii4 #adi sqq4 ,footnote #gh3 ,jamblichus1 ,de ,pythagorica vita1 #ca 7#aia74 ,cf4 ,jevons1 in ,plutarch's ,romane ,questions1 p4 lxxxviii4 sq4 ,footnote #gi3 ,plato1 ,leges1 viii4 #hdj sq4 ,cf4 ,xenophon1 ,memorabilia1 i4 #c4 #h4 ,much stronger was the censure which ,christianity passed on pre-nuptial connections4 ,while looking with suspicion even on the life-long union of one man with one woman1 the ,church pronounced all other forms of sexual intercourse to be mortal sins4 ,in its ,penitentials sins of unchastity were the favourite topic2 and its horror of them finds an echo in the secular legislation of the first ,christian emperors4 ,panders were condemned to have molten lead poured down their throats4#hj ,in the case of forcible seduction both the man and woman1 if she consented to the act1 were put to death4#ha ,even the innocent offspring of illicit intercourse were punished for their parents' sins with ignominy and loss of certain rights which belonged to other1 more respectable1 members of the ,church and the ,state4#hb ,persons of different sex #dcb who were not united in wedlock were forbidden by the ,church to kiss each other2 nay1 the sexual desire itself1 though unaccompanied by any external act1 was regarded as sinful in the unmarried4#hc ,in this standard of purity no difference of sex was recognised1 the same obligations being imposed upon man and woman4#hd ,footnote #hj3 ,lecky1 op4 cit4 ii4 #caf4 ,footnote #ha3 ,codex ,theodosianus1 ix4 #bd4 #a4 ,footnote #hb3 ,concilium ,claromontanum1 ,a4,d4 #ajie1 can4 #aa 7,labbe-,mansi1 ,sacrorum ,conciliorum collectio1 xx4 #hag73--,ut nulli filii concubinarum ad ordines vel aliquos honores ecclesiasticos promoveantur1 nisi monchaliter vel canonice vixerint in ecclesia4 ,see also supra1 i4 #dg4 ,footnote #hc3 ,perit ergo et ipsa mente virginitas4 ,katz1 ,grundriss des kanonischen ,strafrechts1 p4 #aad sq4 ,for the subject of kissing see also ,thomas ,aquinas1 ,summa theologica1 ii4-ii4 #aed4 #d4 ,footnote #hd3 ,laurent1 tudes sur l'histoire de l',humanit1 iv4 #aad4 ,in this1 as in so many other points of morals1 however1 there is a considerable discrepancy between ,christian doctrine and public opinion in ,christian countries4 ,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 people4 ,the influence of the ascetic doctrine of the ,church was in fact quite contrary to its aspirations4 ,the institution of clerical celibacy lowered the estimation of virtue by promoting vice4 ,during the ,middle ,ages unchastity was regarded as an object of ridicule rather than censure1 and in the comic literature of that period the clergy are universally represented as the great corrupters of domestic virtue4#he ,whether the tenet of chastity laid down by the code of ,chivalry was taken more seriously may be fairly doubted4 ,a knight1 it was said1 should be abstinent and chaste2#hf he should love only the virtues1 talents1 and graces of his lady2#hg and love was defined as the chaste union of two hearts by virtue wrought4#hh ,but whilst the knight had certain claims as regards the virtue of his lady1 whilst he probably was inclined to draw his sword only for a woman of fair reputation1 and whilst he himself professed to aspire only to her lip or hand1 we have reason to believe that the amours in which he indulged with her were of a far less delicate kind4 ,sainte-,palaye observes1 ,jamais #dcc on ne vit les moeurs plus corrompues que du temps de nos ,chevaliers1 et jamais le rgne de la dbauche ne fut plus universel4#hi ,for a medival knight the chief object of life was love4 ,he who did not understand how to win a lady was but half a man2 and the difference between a lover and a seducer was apparently slight4 ,the character of the seducer1 as ,mr4 ,lecky remarks1 and especially of the passionless seducer who pursues his career simply as a kind of sport1 and under the influence of no stronger motive than vanity or a spirit of adventure1 has for many centuries been glorified and idealised in the popular literature of ,christendom in a manner to which there is no parallel in antiquity4#ij ,footnote #he3 ,wright1 ,essays on ,archological ,subjects1 ii4 #bch4 ,cf4 ,idem1 ,history of ,domestic ,manners and ,sentiments in ,england during the ,middle ,ages1 pp4 #ed1 #bha1 #dbj4 ,footnote #hf3 ,book of the ,ordre of ,chyualry1 fol4 #dj4 ,footnote #hg3 ,sainte-,palaye1 ,mmoires sur l'ancienne ,chevalerie1 ii4 #ag4 ,footnote #hh3 ,mills1 ,history of ,chivalry1 i4 #bad sq4 ,footnote #hi3 ,sainte-,palaye1 op4 cit4 ii4 #ai4 ,cf4 ,walter ,scott1 ',essay on ,chivalry1' in ,miscellaneous ,prose ,works1 vi4 #dh sq4 ,footnote #ij3 ,lecky1 op4 cit4 ii4 #cdf4 ,cf4 ,delcluze1 ,roland ou la ,chevalerie1 i4 #cef4 ,the ,reformation brought about some change for the better1 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 desire1 and by abolishing the monasteries4 ,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 parties4 ,in the days of the ,commonwealth1 according to an act of #afej1 in cases of less serious breach of chastity than adultery and incest1 each man or woman was for each offence to be committed to the common gaol for three months1 and to find sureties for good behaviour during a whole year afterwards4#ia ,in ,scotland1 after the ,reformation1 fornication was punished with a severity nearly equal to that which attended the infraction of the marriage vow4#ib ,but the fate of these and similar laws has been either to be repealed or to become inactive4#ic ,for ordinary acts of incontinence public opinion is1 practically at least1 the only judge4 ,in the case of female unchastity its sentence is #dcd severe enough among the upper ranks of society1 whilst1 so far as the lower classes are concerned1 it varies considerably even in different parts of the same country1 and is in many cases regarded as venial4 ,as to similar acts committed by unmarried men1 the words which ,cicero uttered on behalf of ,coelius might be repeated by any modern advocate who1 in defending his client1 ventured frankly to express the popular opinion on the subject4 ,it seems to me that with regard to sexual relations between unmarried men and women ,christianity has done little more than establish a standard which1 though accepted perhaps in theory1 is hardly recognised by the feelings of the large majority of people--or at least of men--in ,christian communities1 and has introduced the vice of hypocrisy1 which apparently was little known in sexual matters by pagan antiquity4 ,footnote #ia3 ,pike1 ,history of ,crime in ,england1 ii4 #ahb4 ,footnote #ib3 ,rogers1 ,social ,life in ,scotland1 ii4 #bdb4 ,footnote #ic3 ,see ,pike1 op4 cit4 ii4 #ehb2 ,hume1 ,commentaries on the ,law of ,scotland1 ii4 #ccc4 ,why has sexual intercourse between unmarried people1 if both parties consent1 come to be regarded as wrong8 ,why are the moral opinions relating to it subject to so great variations8 ,why is the standard commonly so different for man and woman8 ,we shall now try to find an answer to these questions4 ,if marriage1 as ,i am inclined to suppose1 is based on an instinct derived from some ape-like progenitor1 it would from the beginning be regarded as the natural form of sexual intercourse in the human race1 whilst other more transitory connections would appear abnormal and consequently be disapproved of4 ,i am not certain whether some feeling of this sort1 however vague1 is not still very general in the race4 ,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 passion4 ,we have thus to seek for some other explanation of the severe censure passed on pre-nuptial connections4 ,it seems to me obvious that this censure is chiefly due to the preference which a man gives to a virgin bride4 ,as ,i have shown in another place1 such a preference is a #dce fact of very common occurrence4#id ,it partly springs from a feeling akin to jealousy towards women who have had previous connections with other men1 partly from the warm response a man expects from a woman whose appetites he is the first to gratify1 and largely from an instinctive appreciation of female coyness4 ,each sex is attracted by the distinctive characteristics of the opposite sex1 and coyness is a female quality4 ,in mankind1 as among other mammals1 the female requires to be courted1 often endeavouring for a long time to escape from the male4 ,not only in civilised countries may courtship mean a prolonged making of love to the woman4 ,mariner's words with reference to the women of ,tonga hold true of a great many1 if not all1 savage and barbarous races of men4 ,it must not be supposed1 he says1 that these women are always easily won2 the greatest attentions and most fervent solicitations are sometimes requisite1 even though there be no other lover in the way4#ie ,the marriage ceremonies of many peoples bear testimony to the same fact4 ,one origin of the form of capture is the resistance of the pursued woman1 due to coyness1 partly real and partly assumed4#if ,on the ,east ,coast of ,greenland1 for instance1 the only method of contracting a marriage is for a man to go to the girl's tent1 catch her by her hair or anything else which offers a hold1 and drag her off to his dwelling without further ado2 violent scenes are often the result1 as single women always affect the utmost bashfulness and aversion to any proposal of marriage1 lest they should lose their reputation for modesty4#ig ,it is certainly not the woman who most readily yields to the desires of a man that is most attractive to him2 as an ancient writer puts it1 all men love seasoned dishes1 not plain meats1 or plainly dressed #dcf fish1 and it is modesty that gives the bloom to beauty4#ih ,conspicuous eagerness in a woman appears to a man unwomanly1 repulsive1 contemptible4 ,his ideal is the virgin2 the libertine he despises4 ,footnote #id3 ,westermarck1 op4 cit4 p4 #abc sq4 ,footnote #ie3 ,mariner1 op4 cit4 ii4 #agd4 ,cf4 ,fritsch1 ,die ,eingeborenen ,sd-,afrika's1 p4 #dde 7,bushmans74 ,footnote #if3 ,cf4 ,spencer1 ,principles of ,sociology1 i4 #fbc sq42 ,idem1 in ,fortnightly ,review1 xxi4 #hig sq42 ,westermarck1 op4 cit4 p4 #chh2 ,grosse1 ,die ,formen der ,familie1 p4 #ajg2 ,crawley1 ,the ,mystic ,rose1 p4 #cje sq4 ,footnote #ig3 ,nansen1 ,first ,crossing of ,greenland1 i4 #caf sqq4 ,footnote #ih3 ,athenus1 ,deipnosophist1 xiii4 #af4 ,where marriage is the customary form of sexual intercourse pre-nuptial incontinence in a woman1 as suggesting lack of coyness and modesty1 is therefore apt to disgrace her4 ,at the same time it is a disgrace to1 and consequently an offence against1 her family1 especially where the ties of kinship are strong4 ,moreover1 where wives are purchased the unchaste girl1 by lowering her market value1 deprives her father or parents of part of their property4 ,among the ,tshi-speaking peoples of the ,gold ,coast1 says ,major ,ellis1 chastity per se is not understood4 ,an unmarried girl is expected to be chaste because virginity possesses a marketable value1 and were she to be unchaste her parents would receive little and perhaps no head-money for her4#ii ,among the ,rendile of ,eastern ,africa1 we are told1 the unchastity of unmarried girls meets with severe retribution1 the girl invariably being driven out from her home1 for the sole and simple reason that her market value to her parents has been decreased4#ajj ,the same commercial point of view is expressed in the ,mosaic rule3--,if a man entice a maid that is not betrothed1 and lie with her1 he shall surely endow her to be his wife4 ,if her father utterly refuse to give her unto him1 he shall pay money according to the dowry of virgins4#aja ,but the girl is not the only offender4 ,whilst the disgrace of incontinence falls on her alone1 the offence against her relatives is divided between her and the seducer4 ,speaking of the presents which1 among the ,thlinkets1 a man is bound to give to the parents of the girl whom he has seduced1 ,sir ,james ,douglas observes1 ,the offender is simply regarded as a robber1 who has committed depredation on their merchandise1 their only anxiety being to make the #dcg damages exacted as heavy as possible4#ajb ,marriage by purchase has thus raised the standard of female chastity1 and also1 to some extent1 checked the incontinence of the men4 ,but it can certainly not be regarded as the sole cause of the duty of chastity where such a duty is recognised by savages4 ,among the ,veddahs1 who do not make their daughters objects of traffic1#ajc the unmarried girls are nevertheless protected by their natural guardians with the keenest sense of honour4#ajd ,in many of the instances quoted above where a seduction is followed by more or less serious consequences for the seducer1 the penalty he has to pay is evidently something else than the mere market value of the girl4 ,footnote #ii3 ,ellis1 ,tshi-speaking ,peoples1 p4 #bhf4 ,footnote #ajj3 ,chanler1 ,through ,jungle and ,desert1 p4 #cag4 ,footnote #aja3 ,exodus1 xxii4 #af sq4 ,footnote #ajb3 ,douglas1 quoted by ,petroff1 op4 cit4 p4 #agg4 ,footnote #ajc3 ,le ,mesurier1 ',vedds of ,ceylon1' in ,jour4 ,roy4 ,asiatic ,soc4 ,ceylon ,branch1 ix4 #cdj4 ,hartshorne1 ',weddas1' in ,indian ,antiquary1 viii4 #cbj4 ,footnote #ajd3 ,nevill1 ',vaeddas of ,ceylon1' in ,taprobanian1 i4 #agh4 ,thus the men1 by demanding that the women whom they marry shall be virgins1 indirectly give rise to the demand that they themselves shall abstain from certain forms of incontinence4 ,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 crime4 ,but1 as was just pointed out1 his act is judged from a more limited point of view4 ,it is chiefly1 if not exclusively1 regarded as an offence against the parents or family of the girl2 chastity per se is hardly required of savage men4 ,where prostitution exists they may without censure gratify their passions among its victims4 ,now1 to anybody who duly reflects upon the matter it is clear that the seducer does a wrong to the woman also2 but ,i find no indication that this idea occurs at all to the savage mind4 ,where the seducer is censured the girl also is censured1 being regarded not as the injured party but as an injurer4 ,even in the case of rape the harm done to the girl herself is little thought of4 ,among the ,tonga ,islanders rape1 providing it be not upon a married woman or one to whom respect is due on the score of #dch superior rank from the perpetrator1 is considered not as a crime but as a matter of indifference4#aje ,the same is the case in the ,pelew ,islands4#ajf ,in the laws of the ,rejangs of ,sumatra referring to this offence1 there is hardly anything considered but the value of the girl's person to her relations1 as a mere vendible commodity4#ajg ,among the ,asiniboin1 a ,siouan tribe1 the punishment for rape is based on the principle that the price of the woman has been depreciated1 that the chances of marriage have been lessened1 and that the act is an insult to her kindred1 as implying contempt of their feelings and their power of protection4#ajh ,even the ,teutons in early days hardly severed rape from abduction1 the kinsmen of the woman feeling themselves equally wronged in either case4#aji ,if the girl's feelings are thus disregarded when she is an unwilling victim of violence1 it can hardly be expected that she should be an object of pity when she is a consenting partner4 ,does not public opinion in the midst of civilisation turn against the dishonoured rather than the dishonourer8 ,footnote #aje3 ,mariner1 op4 cit4 ii4 #ajg4 ,footnote #ajf3 ,kubary1 ',die ,verbrechen und das ,strafverfahren auf den ,pelau-,inseln1' in ,original-,mittheil4 aus der ethnol4 ,abtheil4 der knigl4 ,museen ,berlin1 i4 #gh4 ,footnote #ajg3 ,crawfurd1 ,history of the ,indian ,archipelago1 iii4 #acj4 ,footnote #ajh3 ,dorsey1 ',siouan ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 xv4 #bbf4 ,footnote #aji3 ,brunner1 ,deutsche ,rechtsgeschichte ii4 #fff4 ,pollock and ,maitland1 ,history of ,english ,law before the ,time of ,edward ,i4 ii4 #dij4 ,according to ,salic law1 the fine for the rape of an ingenua puella was #fb solidi1 or only a little higher than the fine for a connection with her to which she herself consented 7,lex ,salica1 ,herold's text1 xiv4 #d2 xv4 #c72 whereas the fine for adultery with a free woman was #bjj solidi 7ibid4 xv4 #a74 ,there is yet another party to be considered1 namely1 the offspring4 ,one would imagine that to every thinking mind1 not altogether destitute of sympathetic feelings1 the question what is likely to happen to the child if the woman becomes pregnant should present itself as one of the greatest gravity4 ,but in judging of matters relating to sexual morality men have generally made little use of their reason and been guilty of much thoughtless cruelty4 ,although marriage has come into existence solely for the sake of the offspring1 it rarely happens that in sexual relations much unselfish thought is bestowed upon unborn #dci individuals4 ,legal provisions in favour of illegitimate children have made men somewhat more careful1 for their own sake1 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 child4 ,custom or law may exempt him even from this duty4 ,we are told that in ,tahiti the father might kill a bastard child1 but that1 if he suffered it to live1 he was eo ipso considered to be married to its mother4#aaj ,this custom1 it would seem1 is hardly more inhuman than the famous law according to which la recherche de la paternit est interdite4#aaa ,footnote #aaj3 ,cook1 ,voyage to the ,pacific ,ocean1 ii4 #aeg4 ,footnote #aaa3 ,code ,napolon1 #cdj4 ,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 intercourse1 or more generally1 because it is contrary to the good of the offspring4#aab ,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 herself4 ,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 suppressed4 ,footnote #aab3 ,thomas ,aquinas1 ,summa theologica1 ii4-ii4 #aed4 #b4 ,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 desire4 ,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 marriage1#aac and in the distinction which among ourselves is drawn between the prostitute and the woman #ddj who yields to temptation because she loves4 ,to indulge in mere sexual pleasure1 unaccompanied by higher feelings1 appears brutal and disgusting in the case of a man1 and still more so in the case of a woman4 ,after all1 love is generally only an episode in a man's life1 whereas for a woman it is the whole of her life4#aad ,the ,greek orator said that in the moment when a woman loses her chastity her mind is changed4#aae ,on the other hand1 when a man and a woman1 tied to each other by deep and genuine affection1 decide to live together as husband and wife1 though not joined in legal wedlock1 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 importance4 ,footnote #aac3 ,e4g41 the ,chittagong ,hill tribes 7,lewin1 ,wild ,races of ,south-,eastern ,india1 p4 #cdh74 ,cf4 ,westermarck1 op4 cit4 p4 #gj sq4 ,footnote #aad3 ,cf4 ,simmel1 ,einleitung in die ,moralwissenschaft1 i4 #bja2 ,paulsen1 ,system der ,ethik1 ii4 #bgd4 ,footnote #aae3 ,lysias1 quoted by ,schmidt1 ,die ,ethik der alten ,griechen1 i4 #bgc4 ,sexual intercourse between unmarried persons of opposite sex is thus regarded as wrong from different points of view under different conditions1 social or psychical1 and all of these conditions are not in any considerable degree combined at any special stage of civilisation4 ,sometimes the opinions on the subject are greatly influenced by the institution of marriage by purchase1 sometimes they are influenced by the refinement of love2 and between such causes there can be no co-operation4 ,this is one reason for the singular complexity which characterises the evolution of the duty of chastity2 but there is another reason perhaps even more important4 ,the causes to which this duty may be traced are frequently checked by circumstances operating in an opposite direction4 ,thus the preference which a man is naturally disposed to give to a virgin bride may be overcome by his desire for offspring1 inducing him to marry a woman who has proved capable of gratifying this desire4#aaf ,it may also be ineffective for the simple reason that no virgin bride is to be found4 ,nothing has more generally prevented chastity #dda from being recognised as a duty than social conditions promoting licentious habits4 ,even in savage society1 where almost every man and every woman marry and most of them marry early in life1 there are always a great number of unmarried people of both sexes above the age of puberty2 and1 generally speaking1 the number of the unmarried increases along with the progress of civilisation4 ,this state of things easily leads to incontinence in men and women1 and where such incontinence becomes habitual it can hardly incur much censure4 ,again1 where the general standard of female chastity is high1 the standard of male chastity may nevertheless be the lowest possible4 ,this is the case where there is a class of women who can no longer be dishonoured1 because they have already been dishonoured1 whose virtue is of no value either to themselves or their families because they have lost their virtue1 and who make incontinence their livelihood4 ,prostitution1 being a safeguard of female chastity1 has facilitated the enforcement of the rule which enjoins it as a duty1 but at the same time it has increased the inequality of obligations imposed on men and women4 ,it has begun to exercise this influence already at the lower stages of culture4 ,prostitution is by no means unknown in the savage world4#aag ,it is a recognised institution in many of the ,melanesian islands2 at ,santa ,cruz1 says ,dr4 ,codrington1 where the separation of the sexes is so carefully maintained1 there are certainly public courtesans4#aah ,prostitution prevails in many or most ,negro countries2#aai and so favourably1 we are told1 is this institution sometimes regarded1 that rich ,negro ladies on their death-beds buy female slaves and present them to the public1 in the same manner as in ,england they would have left a legacy to some public charity4#abj ,the ,wanyoro even have a #ddb definite system of prostitution1 governed by stringent laws which seem to be very old4#aba ,in ,greenland1 where it was reckoned the greatest of infamies for an unmarried woman to become pregnant1#abb there were professional harlots already in early times2#abc and the same was the case among many of the ,north ,american ,indians4#abd ,thus among the ,omahas extra-matrimonial intercourse is1 as a rule1 practised only with public women1 called minckeda2 and so strict are the ,omahas about these matters1 that a young girl or even a married woman walking or riding alone1 would be ruined in character1 being liable to be taken for a minckeda1 and addressed as such4#abe ,public prostitution was tolerated1 if not encouraged1 among all the ,maya nations1 whilst intercourse with other unmarried women was punished with a fine or1 if the affronted relatives insisted1 with death4#abf ,in order to avoid greater evils1 the ,incas of ,peru permitted public prostitutes1 who were treated with extreme contempt2#abg but1 with this exception1 to be lewd with single women was capital4#abh ,among all the civilised nations of the ,old ,world prostitution has existed1 and still exists1 as a tolerated institution1 even where legislators have endeavoured to suppress it4#abi ,its prevalence in our modern society greatly increases the perplexity of public opinion in regard to sexual morality4 ,its victims are degraded and despised beyond description4 ,at the same time their male customers #ddc are tacitly allowed to support the trade4 ,that the demand for a merchandise increases the production of it is in this case seldom thought of4 ,but secrecy must be observed4 ,in sexual matters openness is indecent1 and the chief crime is to be found out4 ,footnote #aaf3 ,see supra1 ii4 #dbc4 ,footnote #aag3 ,see1 e4g41 ,tutuila1 ',line ,islanders1' in ,jour4 ,polynesian ,soc4 i4 #bgj2 ,powell1 ,wanderings in a ,wild ,country1 p4 #bfa 7natives of ,new ,britain72 ,davis1 ,el ,gringo1 p4 #bba 7,indians of ,new ,mexico72 ,ploss-,bartels1 ,das ,weib1 i4 #ecf1 #edj sqq4 ,footnote #aah3 ,codrington1 ,melanesians1 p4 #bcd sqq4 ,footnote #aai3 ,emin ,pasha in ,central ,africa1 p4 #hh4 ,footnote #abj3 ,reade1 ,savage ,africa1 p4 #edg sq4 ,footnote #aba3 ,emin ,pasha in ,central ,africa1 p4 #hg4 ,wilson and ,felkin1 ,uganda1 ii4 #di4 ,footnote #abb3 ,egede1 ,description of ,greenland1 p4 #ada4 ,footnote #abc3 ,cranz1 ,history of ,greenland1 i4 #agf4 ,footnote #abd3 ,carver1 ,travels through the ,interior ,parts of ,north ,america1 p4 #cge4 ,footnote #abe3 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #cfe4 ,footnote #abf3 ,bancroft1 ,native ,races of the ,pacific ,states1 ii4 #fgf1 #fei4 ,footnote #abg3 ,garcilasso de la ,vega1 ,first ,part of the ,royal ,commentaries of the ,yncas1 i4 #cba sq4 ,footnote #abh3 ,herrera1 ,general ,history of the ,west ,indies1 iv4 #cdj4 ,footnote #abi3 ,dufour1 ,histoire de la prostitution1 passim4 ,doolittle1 ,social ,life of the ,chinese1 i4 #cdh4 ,wilkins1 ,modern ,hinduism1 p4 #dab4 ,polak1 ',die ,prostitution in ,persien1' in ,wiener ,medizinische ,wochenschrift1 xi4 #eaf1 #eag1 #efc sqq4 ,lane1 ,modern ,egyptians1 i4 #aej4 ,weinhold1 ,altnordisches ,leben1 p4 #bei 7ancient ,scandinavians74 ,desmaze1 ,les pnalits anciennes1 p4 #fa sq4 n4 #d2 ,mackintosh1 ,history of ,civilisation in ,scotland1 i4 #dbh 7,middle ,ages72 c4 ,since the thirteenth century even the ,church tolerated the establishment of brothels in the larger cities 7,mller1 ,das sexuelle ,leben der christlichen ,kulturvlker1 p4 #adi74 ,there is1 moreover1 a form of religious prostitution1 just as there is religious celibacy4 ,in fact1 the two customs are sometimes very closely connected with one another4 ,among the ,e7we-speaking peoples of the ,slave ,coast the chief business of the female kosi1 or wife of the god to whom she is dedicated1 is prostitution4 ,in every town there is at least one institution in which the best-looking girls1 between ten and twelve years of age1 are received4 ,here they remain for three years1 learning the chants and dances peculiar to the worship of the gods1 and prostituting themselves to the priests and the inmates of the male seminaries2 and at the termination of their novitiate they become public prostitutes4 ,this condition1 however1 is not regarded as one for reproach2 they are considered to be married to the god1 and their excesses are supposed to be caused and directed by him4 ,properly speaking1 their libertinage should be confined to the male worshippers at the temple of the god1 but practically it is indiscriminate4 ,children who are born from such unions belong to the god4#acj ,so also the priestesses on the ,gold ,coast1 though not allowed to marry1 are by no means debarred from sexual intercourse4 ,they are ordinarily most licentious1 and custom allows them to gratify their passions with any man who may chance to take their fancy4 ,a priestess who is favourably impressed by a man sends for him to her house1 and this command he is sure to obey1 through fear of the consequences of exciting her anger4 ,she then tells him that the god she serves has directed her to love him1 and the man thereupon lives with her until she grows tired of him1 or a new object takes her fancy4 ,some priestesses have as many as half a dozen men in their train at one time1 and may on great occasions be seen walking #ddd in state1 followed by them4 ,their life is one continual record of debauchery and sensuality1 and when excited by the dance they frequently abandon themselves to the wildest excesses4#aca ,it seems that the wife of the ,egyptian god at ,thebes also in time became a libertine2 ,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 place1 after which she was given to a man4#acb ,in ,india every ,hindu temple of any importance has its dancing girls1 whose position is inferior only to that of the sacrificers4#acc ,thus at ,j7ug7unnat'h7u-ksh7utr7u in ,orissa a number of women of infamous character are employed to dance and sing before the god4 ,they live in separate houses1 not at the temple4 ,the ,brahmins who officiate there continually have adulterous connections with them1 and these women also prostitute themselves to visitors4#acd ,in the ,canaanitish cults there were women1 called k4edeshoth1 who were consecrated to the deity with whose temple they were associated1 and who at the same time acted as prostitutes4#ace ,at the local shrines of ,north ,israel the worship of ,yahveh itself was deeply affected by these practices2#acf but they were forbidden in the ,deuteronomic code4#acg ,perhaps this temple prostitution may be accounted for by a belief that it bestowed blessings upon the worshippers4 ,according to notions which prevail to this day in countries with ,semitic culture1 sexual intercourse with a holy person is regarded as beneficial to him or her who indulges in it4#ach ,footnote #acj3 ,ellis1 ,e7we-speaking ,peoples1 p4 #ada4 ,footnote #aca3 ,ellis1 ,tshi-speaking ,peoples1 p4 #aba sq4 ,footnote #acb3 ,strabo1 ,geographica1 xvii4 i4 #df4 ,cf4 ,wiedemann1 ,herodots zweites ,buch1 p4 #bfi4 ,footnote #acc3 ,warneck1 quoted by ,ploss-,bartels1 op4 cit4 i4 #ecd4 ,footnote #acd3 ,ward1 ,view of the ,history1 c4 of the ,hindoos1 ii4 #acd4 ,footnote #ace3 ,driver1 ,commentary on ,deuteronomy1 p4 #bfd4 ,cheyne1 ',harlot1' in ,cheyne and ,black1 ,encyclopdia ,biblica1 ii4 #aife4 ,footnote #acf3 ,hosea1 iv4 #ad4 ,cf4 ,cheyne1 in ,encyclopdia ,biblica1 ii4 #aife4 ,footnote #acg3 ,deuteronomy1 xxiii4 #ag sq4 ,footnote #ach3 ,see ,westermarck1 ,the ,moorish ,conception of ,holiness 7,baraka71 p4 #he4 ,of a somewhat different character was the religious prostitution which prevailed in ancient ,babylonia1 in connection with the worship of ,ishtar4 ,herodotus says that every woman born in that country was obliged once in her #dde life to go and sit down in the precinct of ,aphrodite1 and there consort with a stranger4 ,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 lap1 and took her with him beyond the holy ground4 ,the silver coin could not be refused because1 since once thrown1 it was sacred4 ,the woman went with the first man who threw her money1 rejecting no one4 ,when she had gone with him1 and so satisfied the goddess1 she returned home1 and from that time forth no gift1 however great1 would prevail with her4#aci ,several allusions in cuneiform literature to the sacred prostitution carried on at ,babylonian temples confirm ,herodotus' statement in general4#adj ,a cult very similar to this was also found in certain parts of the island of ,cyprus1#ada at ,heliopolis in ,syria1#adb and at ,byblus4#adc ,in the worship of ,anaitis the ,armenians even of the highest families prostituted their own daughters at least once in their lives1 nor was this regarded as any bar to an honourable marriage afterwards4#add ,although such practices were generally excluded from the ordinary ,greek worships of ,aphrodite1 unchastity in the temple cult of that goddess is reported to have occurred at ,corinth#ade and in the city of the ,locri ,epizephyrii1 who1 according to the story1 vowed to consecrate their daughters to this service in order to gain the goddess's aid in a war4#adf ,footnote #aci3 ,herodotus1 i4 #aii4 ,footnote #adj3 ,jeremias1 ,izdubar-,nimrod1 p4 #ei sq4 ,jastrow1 ,religion of ,babylonia and ,assyria1 p4 #dge sq4 ,mrdter-,delitzsch1 ,geschichte ,babyloniens1 p4 #da4 ,footnote #ada3 ,herodotus1 i4 #aii4 ,athenus1 ,deipnosophist1 xii4 #aa1 p4 #eaf a4 ,footnote #adb3 ,socrates1 ,historia ecclesiastica1 #ah 7,migne1 op4 cit4 ,ser4 ,grca1 lxvii4 #abc74 ,sozomen1 ,historia ecclesiastica1 v4 #aj 7,migne1 ,ser4 ,grca1 lxvii4 #abdc74 ,eusebius1 ,vita ,constantini1 iii4 #eh 7,migne1 ,ser4 ,grca1 xx4 #aabd74 ,footnote #adc3 ,lucian1 ,de ,syria ,dea1 #f4 ,footnote #add3 ,strabo1 xi4 #ad4 #af4 ,footnote #ade3 ,ibid4 viii4 #f4 #bj4 ,footnote #adf3 ,farnell1 ,cults of the ,greek ,states1 ii4 #fcf4 ,athenus1 xii4 #aa1 p4 #eaf a4 ,various theories have been set forth to explain the religious prostitution of the ,babylonian type4 ,it has been interpreted as an expiation for individual marriage1 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 exist4#adg ,it #ddf has been supposed to be nothing but ordinary immorality practised under the cloak of religion4#adh ,it has been represented as a form of sacrifice1 either as a first-fruit offering#adi or as an act by which a worshipper sacrifices her most precious possession to the deity4#aej ,to ,dr4 ,farnell it seems to be a special modification of a wide-spread custom1 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 culture2 and here1 as in other ritual1 he adds1 it is the stranger that takes the peril upon himself4#aea ,but why should the stranger have been more willing than the bridegroom to expose himself to this danger8 ,considering that the act was performed at the temple of the goddess of fecundity1 ,i think its object most probably was to ensure fertility in the woman2 this1 in fact1 is directly indicated by the words which the stranger1 according to ,herodotus1 uttered when he threw the silver coin into her lap3--,the goddess ,mylitta prosper thee6#aeb ,and from what has been said in a previous chapter about the semi-supernatural character ascribed to strangers1 about the efficacy of their blessings and the benefits expected from their love1#aec we can see why a stranger was appointed to confer the blessing upon the girl4#aed ,footnote #adg3 ,avebury1 ,origin of ,civilisation1 p4 #eei4 ,footnote #adh3 ,jeremias1 ,izdubar-,nimrod1 p4 #fj4 ,footnote #adi3 ,wiedemann1 ,herodots zweites ,buch1 p4 #bfg sq4 ,footnote #aej3 ,curtiss1 ,primitive ,semitic ,religion ,to-day1 p4 #aee4 ,footnote #aea3 ,farnell1 ',sociological ,hypotheses concerning the ,position of ,women in ,ancient ,religion1' in ,archiv f4 ,religionswiss4 vii4 #hh4 ,footnote #aeb3 ,herodotus1 i4 #aii4 ,footnote #aec3 ,supra1 i4 ch4 xxiv4 ,footnote #aed3 ,since the present chapter was in type1 some fresh attempts have been made to explain this religious prostitution4 ,sir ,j4 ,g4 ,frazer 7,adonis ,attis ,osiris1 p4 #bc sq47 regards it as a rite intended to ensure the fruitfulness of the ground and the increase of man and beast on the principle of homoeopathic magic4 ,a very similar opinion has been expressed by ,dr4 ,havelock ,ellis 7',ursprung und ,entwicklung der ,prostitution1' in ,mutterschutz1 iii4 fasc4 #a sq474 ,according to ,mr4 ,hartland1 again 7',concerning the ,rite at the ,temple of ,mylitta1' in ,anthropological ,essays presented to ,e4 ,b4 ,tylor1 p4 #ahi sqq471 it was a puberty rite involving a sacrifice of virginity to which every woman was subjected4 ,my own theory has subsequently been accepted by van ,gennep1 ,les rites de passage1 p4 #bdb sq4 ,among ourselves an act of incontinence assumes a #ddg different aspect if one of the parties1 either the man or the woman1 is married4 ,involving a breach of faith1 adultery is an offence against him or her to whom faith is due1 and at the same time the seducer commits an offence against the husband of the adulteress4 ,but here again our own views are not universally shared4 ,although it is hard to understand that the seducer could ever be regarded as guiltless1 we are told that among a few peoples adultery is not held to be wrong2#aee and ,mr4 ,morgan states that among the ,iroquois punishment was inflicted upon the woman alone1 who was supposed to be the only offender4#aef ,but these cases are certainly quite exceptional4 ,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 fine1 or if the penalty is reduced to a flogging1 to his head being shaved1 his ears cut off1 one of his eyes destroyed1 or his legs speared4 ,very commonly he has to pay with his life4 ,we have seen that even among many peoples who generally prohibit self-redress an adulterer may be put to death by the aggrieved husband1 especially if he be caught flagrante delicto2#aeg and in other cases he may be subject to capital punishment1 in the proper sense of the word4#aeh ,in ,albania1 even in our days1 custom not only allows1 but compels1 the injured husband to kill the adulterer4#aei ,hebrew law enjoined the man who committed adultery with another man's wife to be put to death2#afj and ,christian legislators followed the example4 ,constantine celebrated his new zeal for the sacramental idea of marriage by establishing the punishment of death for the seducer2#afa adultery was in point of #ddh heinousness assimilated to murder1 idolatry1 and sorcery4#afb ,various medival law-books punished the seducer with death2#afc whilst in ,scotland notorious and manifest adultery was made capital as late as #aefc4afd ,this extreme severity1 however1 has been followed by extreme leniency4 ,in ,scotland1 though adultery kept its place in the statute-book as a heinous and in some cases a capital crime1 prosecution for it had ceased for many years before the time of ,baron ,hume2#afe and in ,england it is no crime at all in the eyes of the law1 only an ecclesiastical offence4 ,footnote #aee3 ,davis1 ,el ,gringo1 p4 #bba sq4 7,indians of ,new ,mexico74 ,adair1 ,history of the ,american ,indians1 p4 #adf 7,cherokees74 ,krasheninnikoff1 ,history of ,kamschatka1 p4 #bjd4 ,prejevalsky1 ,mongolia1 i4 #gj 7,mongols74 ,colquhoun1 ,amongst the ,shans1 p4 #ge 7,yendalines1 one of the ,karen tribes74 ,chanler1 op4 cit4 p4 #cag 7,rendile in ,eastern ,africa74 ,lichtenstein1 ,travels in ,southern ,africa1 ii4 #dh 7,bushmans74 ,footnote #aef3 ,morgan1 ,league of the ,iroquois1 p4 #cca4 ,footnote #aeg3 ,supra1 i4 #bij sqq4 ,footnote #aeh3 ,supra1 i4 #ahi4 ,footnote #aei3 ,hahn1 ,albanesische ,studien1 i4 #agg4 ,footnote #afj3 ,leviticus1 xx4 #aj4 ,deuteronomy1 xxii4 #bb4 ,footnote #afa3 ,codex ,justinianus1 ix4 #i4 #bi4 #d4 ,footnote #afb3 ,codex ,theodosianus1 xi4 #cf4 i4 ,st4 ,basil1 quoted by ,bingham1 ,works1 vi4 #dcb sq4 ,footnote #afc3 ,du ,boys1 ,histoire du droit criminel des peuples modernes1 ii4 #fjf4 ,idem1 ,histoire du droit criminel de l',espagne1 p4 #cia4 ,footnote #afd3 ,erskine-,rankine1 ,principles of the ,law of ,scotland1 p4 #efc4 ,footnote #afe3 ,hume1 ,commentaries on the ,law of ,scotland1 ii4 #cjb4 ,the punishment of the seducer often varies according to his rank1 or according to that of the husband1 or according to the relative rank of both1 or according to the rank of the adulteress4 ,among the ,monbuttu1 if the guilty woman belongs to the royal household1 the adulterer is put to death1 whereas otherwise he is only compelled to pay an indemnity to the offended husband4#aff ,among the ,e7we-speaking peoples of the ,slave ,coast the fine imposed for adultery depends on the rank of the injured husband2#afg and the same principle is found in ,anglo-,saxon law4#afh ,among the ,bakongo1 again1 the penalties for adultery vary from capital punishment to a trifling fine1 according to the station of the offender or the district he lives in4#afi ,drury tells us that in the country of ,anterndroea in ,madagascar1 if a man lies with another man's wife who is superior to him1 he forfeits thirty head of cattle besides beads and shovels a great number1 whereas if the men are of an equal rank1 then twenty beasts are the fine4#agj ,according to the ,chinese ,penal ,code1 a slave who is guilty of criminal intercourse with the wife or daughter of a freeman1 shall be punished at the least one degree more #ddi severely than a freeman would have been under the same circumstances4#aga ,in ,india a man of one of the first three castes who committed adultery with a ,sdra woman was banished1 but a ,sdra who committed adultery with a woman of one of the first three castes suffered capital punishment2#agb and an opinion is also quoted that for a ,brhmana who once was guilty of adultery with a married woman of equal class1 the penance was one-fourth of that prescribed for an outcast4#agc ,in ancient ,peru an adulterer was punish'd with death1 if the woman was of note1 or else with the rack4#agd ,footnote #aff3 ,casati1 ,ten ,years in ,equatoria1 i4 #afc4 ,footnote #afg3 ,ellis1 ,e7we-speaking ,peoples1 p4 #bjb4 ,footnote #afh3 ,laws of ,alfred1 ii4 #aj4 ,footnote #afi3 ,johnston1 ,river ,congo1 p4 #djd4 ,footnote #agj3 ,drury1 ,journal1 p4 #ahc4 ,footnote #aga3 ,ta ,tsing ,leu ,lee1 sec4 ccclxxiii4 p4 #dji4 ,footnote #agb3 pastamba1 ii4 #aj4 #bg4 #h sq4 ,footnote #agc3 ,ibid4 ii4 #aj4 #bg4 #aa4 ,footnote #agd3 ,herrera1 op4 cit4 iv4 #cch4 ,we find no difficulty in explaining all these facts4 ,in early civilisation a husband has often extreme rights over his wife4 ,the seducer encroaches upon a right of which he is most jealous1 and with regard to which his passions are most easily inflamed4 ,adultery is regarded as an illegitimate appropriation of the exclusive claims which the husband has acquired by the purchase of his wife1 as an offence against property4#age ,it is said in the ',laws of ,manu' that seed must not be sown by any man on that which belongs to another4#agf ,how closely the seducer is associated with a thief is illustrated by the fact that among some peoples he is punished as such1 having his hands1 or one of them1 cut off4#agg ,yet even among savages the offence is something more than a mere infringement of the right of ownership4 ,the ,kurile ,islanders1 says ,krasheninnikoff1 have an extraordinary way of punishing adultery3 the husband of the adulteress challenges the adulterer to a combat4 ,the result is generally the death of both the combatants2 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 ,europe4#agh ,the passion of jealousy1 the feeling of ownership1 and the sense of honour1 #dej thus combine to make the seducer's act an offence1 and often a heinous offence1 in the eyes of custom or law2 and for the same reasons as in other offences the magnitude of guilt is here also influenced by the rank of the parties concerned4 ,modern legislation1 on the other hand1 does not to the same extent as early law and custom allow a man to give free vent to his angry passion2 it regards the dishonour of the aggrieved husband as a matter of too private a character to be publicly avenged2 and the faithfulness which a wife owes her husband is no longer connected with any idea of ownership4 ,moreover1 the severity of earlier ,european laws against adultery was closely connected with ,christianity's abhorrence of all kinds of irregular sexual intercourse2 and secular legislation has more and more freed itself from the bondage of religious doctrine4 ,footnote #age3 ,see1 e4g41 ,casalis1 ,basutos1 p4 #bbe2 ,burton1 ,two ,trips to ,gorilla ,land1 i4 #gg2 ,monrad1 ,skildring af ,guinea-,kysten1 p4 #e2 ,letourneau1 ,l'volution de la morale1 p4 #aed sq4 ,footnote #agf3 ,laws of ,manu1 ix4 #db4 ,footnote #agg3 ,westermarck1 ,history of ,human ,marriage1 p4 #acj4 ,footnote #agh3 ,krasheninnikoff1 ,history of ,kamschatka1 p4 #bch4 ,among some savage peoples it is the seducer only who suffers1 whilst the unfaithful wife escapes without punishment4#agi ,jealousy1 in the first place1 turns against the rival1 and the seducer is the dishonourer and the thief4 ,but1 as a general rule1 the unfaithful wife is also looked upon as an offender1 and the punishment falls on both4 ,she is discarded1 beaten1 or ill-treated in some way or other1 and not infrequently she is killed4 ,often1 too1 she is disfigured by her enraged husband1 so that no man may fall in love with her ever after4#ahj ,indeed1 so strong is the idea that a wife belongs exclusively to her husband1 that among several peoples she has to die with him2#aha and frequently a widow is prohibited from remarrying either for ever or for a certain period after the husband's death4#ahb ,in ancient ,peru widows generally continued to live single1 as this virtue was much commended in their laws and ordinances4#ahc ,nor is it in ,china considered proper #dea for a woman to contract a second marriage after her husband's death1 and a lady of rank1 by doing so1 exposes herself to a penalty of eighty blows4#ahd ,as a faithful minister does not serve two lords1 neither may a faithful woman marry a second husband--this is to the ,chinese a principle of life1 a maxim generally received as gospel4#ahe ,among so-called ,aryan peoples the ancient custom which ordained sacrifice of widows survived in the prohibitions issued against their marrying a second time4#ahf ,even now the bare mention of a second marriage for a ,hindu woman would be considered the greatest of insults1 and1 if she married again1 she would be hunted out of society1 and no decent person would venture at any time to have the slightest intercourse with her4#ahg ,in ,greece#ahh and ,rome#ahi a widow's remarriage was regarded as an insult to her former husband2 and so it is still regarded among the ,southern ,slavs4#aij ,the early ,christians1 especially the ,montanists and ,novatians1 strongly disapproved of second marriages by persons of either sex2#aia a second marriage was described by them as a kind of fornication1#aib or as a specious adultery4#aic ,it was looked upon as a manifest sign of incontinence1 and also as inconsistent with the doctrine that marriage is an emblem of the union of ,christ with the ,church4#aid ,footnote #agi3 ,westermarck1 op4 cit4 p4 #abb4 ,macpherson1 ,memorials of ,service in ,india1 p4 #acc 7,kandhs74 ,batchelor1 ,ainu of ,japan1 p4 #ahi sq4 ,scaramucci and ,giglioli1 ',notizie sui ,danakil1' in ,archivio per l'antropologia e la etnologia1 xiv4 #bf4 ,footnote #ahj3 ,westermarck1 op4 cit4 p4 #abb4 ,footnote #aha3 ,ibid4 p4 #abe sq4 ,supra1 i4 #dgb sqq4 ,footnote #ahb3 ,westermarck1 ,history of ,human ,marriage1 p4 #abg sqq4 ,footnote #ahc3 ,garcilasso de la ,vega1 op4 cit4 i4 #cje4 ,footnote #ahd3 ,gray1 ,china1 i4 #bae4 ,footnote #ahe3 de ,groot1 ,religious ,system of ,china1 7vol4 ii4 book7 i4 #gde4 ,footnote #ahf3 ,schrader1 ,prehistoric ,antiquities of the ,aryan ,peoples1 p4 #cia4 ,footnote #ahg3 ,dubois1 ,people of ,india1 p4 #acb4 ,footnote #ahh3 ,pausanias1 ii4 #ba4 #g4 ,footnote #ahi3 ,rossbach1 ,rmische ,ehe1 p4 #bfb4 ,footnote #aij3 ,krauss1 ,sitte und ,brauch der ,sdslaven1 p4 #egh4 ,cf4 ,ralston1 ,songs of the ,russian ,people1 p4 #aae 7,bulgarians74 ,footnote #aia3 ,mayer1 ,die ,rechte der ,israeliten1 ,athener und ,rmer1 ii4 #bij4 ,bingham1 op4 cit4 vi4 #dbg sq42 viii4 #ac sq4 ,footnote #aib3 ,tertullian1 ,de exhortatione castitatis1 #i 7,migne1 ,patrologi cursus1 ii4 #ibd74 ,footnote #aic3 ,athenagoras1 ,legatio pro ,christianis1 #cc 7,migne1 op4 cit4 ,ser4 ,graeca1 vi4 #ifg74 ,footnote #aid3 ,gibbon1 ,history of the ,decline and ,fall of the ,roman ,empire1 ii4 #ahg4 ,lecky1 ,history of ,european ,morals1 ii4 #cbf4 ,conjugal fidelity1 whilst considered a stringent duty in the wife1 is not generally considered so in the husband4 ,this is obviously the rule among savage and barbarous tribes2 but there are interesting exceptions to the rule4 ,the ,igorrotes of ,luzon are so strictly monogamous that #deb in case of adultery the guilty party can be compelled to leave the hut and the family for ever1#aie and among various other monogamous savages adultery is said to be unknown4#aif ,the ,dyak husband preserves his vow of fidelity with a rectitude which makes jealousy a farce4#aig ,the ,toungtha1 who marry only one wife1 do not consider it right for a master to take advantage of his position even with regard to the female slaves in his house4#aih ,nay1 the duty of fidelity in the husband has been recognised even by some savage peoples who allow polygamy4 ,the ,abipones1 we are told1 thought it both wicked and disgraceful to have any illicit intercourse with other women than their wives2 hence adultery was almost unheard of among them4#aii ,among the ,omaha ,indians1 if a woman's husband be guilty of adultery with another woman she may strike him or the guilty female in her anger1 though she cannot claim damages4#bjj ,in several tribes of ,western ,victoria a wife whose husband has been unfaithful to her may make a complaint to the chief1 who can punish the man by sending him away from his tribe for two or three moons2#bja and among some aborigines in ,new ,south ,wales similar complaints may be made to the elders of the tribe1 with the result that the adulterous husband may have to suffer for his conduct4#bjb ,the ,kandhs of ,india deny the married man certain prerogatives which are granted to his wife3 whilst constancy to her husband is so far from being required in a wife1 that her pretensions do not1 at least1 suffer diminution in the eyes of either sex when fines are levied on her convicted lovers1 infidelity in a married man is held to be highly dishonourable1 and #dec is often punished with deprivation of many social privileges4#bjc ,footnote #aie3 ,meyer1 in ,verhandl4 ,berliner ,gesellsch4 f4 ,anthrop4 #ahhc1 p4 #che4 ,footnote #aif3 ,bailey1 in ,trans4 ,ethn4 ,soc4 ,n4 ,s4 ii4 #bia sq4 ,hartshorne1 in ,indian ,antiquary1 viii4 #cbj 7,veddahs74 ,finsch1 ,neu-,guinea1 p4 #aja2 ,earl1 ,papuans1 p4 #ha 7,papuans of ,dorey74 ,footnote #aig3 ,boyle1 ,adventures among the ,dyaks of ,borneo1 p4 #bcf4 ,see also ,low1 ,sarawak1 p4 #cjj 7,hill ,dyaks74 ,footnote #aih3 ,lewin1 ,wild ,races of ,south-,eastern ,india1 p4 #aic sq4 ,footnote #aii3 ,dobrizhoffer1 ,account of the ,abipones1 ii4 #ach4 ,footnote #bjj3 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #cfd4 ,footnote #bja3 ,dawson1 ,australian ,aborigines1 p4 #cc4 ,footnote #bjb3 ,nieboer1 ,slavery as an ,industrial ,system1 p4 #ah4 ,footnote #bjc3 ,macpherson1 ,memorials of ,service in ,india1 p4 #acc4 ,the duty which savages thus in certain instances have imposed on the husband is hardly at all recognised in the archaic ,state4 ,the ,mexicans did not consider1 nor did they punish1 as adultery the trespass of a husband with any woman who was free1 or not joined in matrimony2 wherefore the husband was not bound to so much fidelity as was exacted from the wife1 adultery in her being inevitably punished with death4#bjd ,in ,china1 where adultery in a woman is branded as one of the vilest crimes and the guilty wife is oftentimes cut into small pieces1 concubinage is a recognised institution of the country4#bje ,in ,corea conjugal fidelity--obligatory on the woman--is not required of the husband4 4 4 4 ,among the nobles1 the young bridegroom spends three or four days with his bride1 and then absents himself from her for a considerable time1 to prove that he does not esteem her too highly4 ,etiquette dooms her to a species of widowhood1 while he spends his hours of relaxation in the society of his concubines4 ,to act otherwise would be considered in very bad taste1 and highly unfashionable4#bjf ,in ,japan1 while the man is allowed a loose foot1 the woman is expected not only to be absolutely spotless1 but also never to show any jealousy1 however wide the husband may roam1 or however numerous may be the concubines in his family4#bjg ,according to ,hebrew law adultery was a capital offence1 but it presupposed that the guilty woman was another man's wife4#bjh ,the ,aryan nations in early times generally saw nothing objectionable in the unfaithfulness of a married man1 whereas an adulterous wife was subject to the severest penalties4#bji ,until some time after the introduction of ,christianity among the ,teutons their #ded law-books made no mention of the infidelity of husbands1 because it was permitted by custom4#baj ,the ,romans defined adultery as sexual intercourse with another man's wife2 on the other hand1 the intercourse of a married man with an unmarried woman was not regarded as adultery4#baa ,the ordinary ,greek feeling on the subject is expressed in the oration against ,nera1 ascribed to ,demosthenes1 where the licence accorded to husbands is spoken of as a matter of course3--,we keep mistresses for our pleasures1 concubines for constant attendance1 and wives to bear us legitimate children and to be our faithful house-keepers4#bab ,footnote #bjd3 ,clavigero1 ,history of ,mexico1 i4 #cef4 ,footnote #bje3 ,doolittle1 op4 cit4 i4 #cci4 ,griffis1 ,religions of ,japan1 p4 #adi4 ,footnote #bjf3 ,griffis1 ,corea1 p4 #bea sq4 ,footnote #bjg3 ,idem1 ,religions of ,japan1 p4 #cbj4 ,footnote #bjh3 ,leviticus1 xx4 #aj4 ,deuteronomy1 xxii4 #bb4 ,footnote #bji3 ,schrader1 ,prehistoric ,antiquities of the ,aryan ,peoples1 p4 #chh4 ,footnote #baj3 ,wilda1 ,strafrecht der ,germanen1 p4 #hba4 ,nordstrm1 op4 cit4 ii4 #fg sq4 ,stemann1 ,den danske ,retshistorie indtil ,christian ,v4's ,lov1 pp4 #cbd1 #fcc4 ,keyser1 ,efterladte ,skrifter1 vol4 ii4 pt4 ii4 #cb sq4 ,brunner1 ,deutsche ,rechtsgeschichte1 ii4 #ffb4 ,footnote #baa3 ,vinnius1 ,in quatuor libros institutionum imperialium commentarius1 iv4 #ah4 #d1 p4 #iic4 ,cf4 ,digesta1 l4 #af4 #aja4 #a2 ,mommsen1 ,rmisches ,strafrecht1 p4 #fhh sq4 ,footnote #bab3 ,oratio in ,neram1 p4 #achf4 ,cf4 ,schmidt1 ,die ,ethik der alten ,griechen1 ii4 #aif sq4 ,at the same time the idea that fidelity in marriage ought to be reciprocal was not altogether unknown in classical antiquity4#bac ,in a lost chapter of his ',economics1' which has come to us only through a ,latin translation1 ,aristotle points out that it for various reasons is prudent for a man to be faithful to his wife1 but that nothing is so peculiarly the property of a wife as a chaste and hallowed intercourse4#bad ,plutarch condemns the man who1 lustful and dissolute1 goes astray with a courtesan or maid-servant2 though at the same time he admonishes the wife not to be vexed or impatient1 considering that it is out of respect to her that he bestows upon another all his wanton depravity4#bae ,plautus argues that it is unjust of a husband to exact a fidelity which he does not keep himself4#baf ,footnote #bac3 ,lecky1 op4 cit4 ii4 #cab sq4 ,schmidt1 op4 cit4 ii4 #aie sq4 ,footnote #bad3 ,aristotle1 ,,oeconomica1 p4 #cda1 vol4 ii4 #fgi4 ,cf4 ,isocrates1 ,nicocles sive ,cyprii1 #dj4 ,footnote #bae3 ,plutarch1 ,conjugalia prcepta1 #af4 ,footnote #baf3 ,plautus1 ,mercator1 iv4 #e4 ,in its condemnation of adultery ,christianity made no distinction between husband and wife4#bag ,if continence is a stringent duty for unmarried persons independently of #dee their sex1 the observance of the sacred marriage vow must be so in a still higher degree4 ,but here again there is a considerable discrepancy between the actual feelings of ,christian peoples and the standard of their religion4 ,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 wife4#bah ,footnote #bag3 ,laurent1 op4 cit4 iv4 #aad4 ,gratian1 ,decretum1 ii4 #ce4 #e4 #bc4 ,footnote #bah3 ,see supra1 ii4 #cig4 ,the judgment pronounced upon an unfaithful husband is of course influenced by the opinion about extra-matrimonial connections in general4 ,where it is considered wrong for a man to have intercourse with either an unmarried woman or another man's wife1 adultery in a husband is eo ipso condemned4 ,but whether1 or how far1 infidelity on his part is stigmatised as an offence against his wife1 chiefly depends upon the degree of regard which is paid to the feelings of women4 ,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 respects2 but there are also special reasons for this inequality between the sexes4 ,it was a doctrine of the ,roman jurists that adultery is a crime in the wife1 and in the wife only1 on account of the danger of introducing strange children to the husband4#bai ,moreover1 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 wife2 and1 as we have often noticed before1 actual practice is always apt to influence moral opinion4 ,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 man4 ,footnote #bai3 ,hunter1 ,exposition of ,roman ,law1 p4 #ajga4 ,,chapter ,,xliii ,,homosexual ,,love ,,our review of the moral ideas concerning sexual relations has not yet come to an end4 ,the gratification of the sexual instinct assumes forms which fall outside the ordinary pale of nature4 ,of these there is one which1 on account of the rle which it has played in the moral history of mankind1 cannot be passed over in silence1 namely1 intercourse between individuals of the same sex1 what is nowadays commonly called homosexual love4 ,it is frequently met with among the lower animals4#a ,it probably occurs1 at least sporadically1 among every race of mankind4#b ,and among some peoples it has assumed such proportions as to form a true national habit4 ,footnote #a3 ,karsch1 ',pderastie und ,tribadie bei den ,tieren1' in ,jahrbuch fr sexuelle ,zwischenstufen1 ii4 #abf sqq4 ,havelock ,ellis1 ,studies in the ,psychology of ,sex1 ',sexual ,inversion1' p4 #b sqq4 ,footnote #b3 ,ives1 ,classification of ,crimes1 p4 #di4 ,the statement that it is unknown among a certain people cannot reasonably mean that it may not be practised in secret4 ,in ,america homosexual customs have been observed among a great number of the native tribes4 ,in nearly every part of the continent there seem to have been1 since ancient times1 men dressing themselves in the clothes and performing the functions of women1 and living with other men as their concubines or wives4#c ,moreover1 between #deg young men who are comrades in arms there are liaisons d'amiti1 which1 according to ,lafitau1 ne laissent aucun soupon de vice apparent1 quoiqu'il y ait1 ou qu'il puisse y avoir1 beaucoup de vice rel4#d ,footnote #c3 von ,spix and von ,martius1 ,travels in ,brazil1 ii4 #bdf2 von ,martius1 ,von dem ,rechtszustande unter den ,ureinwohnern ,brasiliens1 p4 #bg sq42 ,lomonaco1 ',sulle razze indigene del ,brasile1' in ,archivio per l'antropologia e la etnologia1 xix4 #df2 ,burton1 ,arabian ,nights1 x4 #bdf 7,brazilian ,indians74 ,garcilasso de la ,vega1 ,first ,part of the ,royal ,commentaries of the ,yncas1 ii4 #dda sqq42 ,cieza de ,leon1 ',la crnica del ,per primera parte1' ch4 #di1 in ,biblioteca de autores espaoles1 xxvi4 #djc 7,peruvian ,indians at the time of the ,spanish conquest74 ,oviedo y ,valds1 ',sumario de la natural historia de las ,indias1' ch4 #ha1 in ,biblioteca de autores espaoles1 xxii4 #ejh 7,isthmians74 ,bancroft1 ,native ,races of the ,pacific ,states1 i4 #ehe 7,indians of ,new ,mexico72 ii4 #dfg sq4 7ancient ,mexicans74 ,diaz del ,castillo1 ',conquista de ,nueva-,espaa1' ch4 #bjh1 in ,biblioteca de autores espaoles1 xxvi4 #cji 7ancient ,mexicans74 ,landa1 ,relacion de las cosas de ,yucatan1 p4 #agh 7ancient ,yucatans74 ,nuez ,cabeza de ,vaca1 ',naufragios y relacion de la jornada que hizo a la ,florida1' ch4 #bf1 in ,biblioteca de autores espaoles1 xxii4 #ech2 ,coreal1 ,voyages aux ,indes ,occidentales1 i4 #cc sq4 7,indians of ,florida74 ,perrin du ,lac1 ,voyage dans les deux ,louisianes et chez les nations sauvages du ,missouri1 p4 #ceb2 ,bossu1 ,travels through ,louisiana1 i4 #cjc4 ,hennepin1 ,nouvelle ,dcouverte d'un trs ,grand ,pays ,situ dans l',amerique1 p4 #bai sq42 ',la ,salle's ,last ,expedition and ,discoveries in ,north ,america1' in ,collections of the ,new-,york ,historical ,society1 ii4 #bcg sq42 de ,lahontan1 ,mmoires de l',amrique septentrionale1 p4 #adb 7,illinois74 ,marquette1 ,recit des voyages1 p4 #eb sq4 7,illinois and ,naudowessies74 ,wied-,neuwied1 ,travels in the ,interior of ,north ,america1 p4 #cea 7,manitaries1 ,mandans1 c474 ,mc,coy1 ,history of ,baptist ,indian ,missions1 p4 #cfj sq4 7,osages74 ,heriot1 ,travels through the ,canadas1 p4 #bgh2 ,catlin1 ,north ,american ,indians1 ii4 #bad sq4 7,sioux74 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #cfe2 ,james1 ,expedition from ,pittsburgh to the ,rocky ,mountains1 i4 #bfg 7,omahas74 ,loskiel1 ,history of the ,mission of the ,united ,brethren among the ,indians1 #a4ad 7,iroquois74 ,richardson1 ,arctic ,searching ,expedition1 ii4 #db 7,crees74 ,oswald1 quoted by ,bastian1 ,der ,mensch in der ,geschichte1 iii4 #cad 7,indians of ,california74 ,holder1 in ,new ,york ,medical ,journal1 ,december #gth1 #ahhi1 quoted by ,havelock ,ellis1 op4 cit4 p4 #i sq4 7,indians of ,washington and other tribes in the ,north-,western ,united ,states74 ,see also ,karsch1 ',uranismus oder ,pderastie und ,tribadie bei den ,naturvlkern1' in ,jahrbuch fr sexuelle ,zwischenstufen1 iii4 #aab sqq4 ,footnote #d3 ,lafitau1 ,moeurs des sauvages ameriquains1 i4 #fjc1 #fjg sqq4 ,homosexual practices are1 or have been1 very prominent among the peoples in the neighbourhood of ,behring ,sea4#e ,in ,kadiak it was the custom for parents who had a girl-like son to dress and rear him as a girl1 teaching him only domestic duties1 keeping him at woman's work1 and letting him associate only with women and girls4 ,arriving at the age of ten or fifteen years1 he was married to some wealthy man and was then called an achnuchik or shoopan4#f ,dr4 ,bogoraz gives the following account of a #deh similar practice prevalent among the ,chukchi3--,it happens frequently that1 under the supernatural influence of one of their shamans1 or priests1 a ,chukchi lad at sixteen years of age will suddenly relinquish his sex and imagine himself to be a woman4 ,he adopts a woman's attire1 lets his hair grow1 and devotes himself altogether to female occupation4 ,furthermore1 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 subjection4 ,thus it frequently happens in a yurt that the husband is a woman1 while the wife is a man6 ,these abnormal changes of sex imply the most abject immorality in the community1 and appear to be strongly encouraged by the shamans1 who interpret such cases as an injunction of their individual deity4 ,the change of sex was usually accompanied by future shamanship2 indeed1 nearly all the shamans were former delinquents of their sex4#g ,among the ,chukchi male shamans who are clothed in woman's attire and are believed to be transformed physically into women are still quite common2 and traces of the change of a shaman's sex into that of a woman may be found among many other ,siberian tribes4#h ,in some cases at least there can be no doubt that these transformations were connected with homosexual practices4 ,in his description of the ,koriaks1 ,krasheninnikoff makes mention of the ke'yev1 that is1 men occupying the position of concubines2 and he compares them with the ,kamchadale koe'kvcuvc1 as he calls them1 that is1 men transformed into women4 ,every koe'kvcuvc1 he says1 is regarded as a magician and interpreter of dreams2 but from his confused description ,mr4 ,jochelson thinks it may be inferred that the most important feature of the institution of the koe'kvcuvc lay1 not in their shamanistic power1 but in their position with regard to the satisfaction of the #dei unnatural inclinations of the ,kamchadales4 ,the koe'kvcuvc wore women's clothes1 did women's work1 and were in the position of wives or concubines4#i ,footnote #e3 ,dall1 ,alaska1 p4 #djb2 ,bancroft1 op4 cit4 i4 #ib2 ,waitz1 ,anthropologie der ,naturvlker1 iii4 #cad 7,aleuts71 von ,langsdorf1 ,voyages and ,travels1 ii4 #dh 7natives of ,oonalaska74 ,steller1 ,kamtschatka1 p4 #bhi1 n4 a2 ,georgi1 ,russia1 iii4 #acb sq4 7,kamchadales74 ,footnote #f3 ,davydow1 quoted by ,holmberg1 ',ethnographische ,skizzen ber die ,vlker des russischen ,amerika1' in ,acta ,soc4 ,scientiarum ,fennic1 iv4 #djj sq4 ,lisiansky1 ,voyage ,round the ,world1 p4 #aii4 von ,langsdorf99991 op4 cit4 ii4 #fd4 ,sauer1 ,billing's ,expedition to the ,northern ,parts of ,russia1 p4 #agf4 ,sarytschew1 ',voyage of ,discovery to the ,north-,east of ,siberia1' in ,collection of ,modern and ,contemporary ,voyages1 vi4 #af4 ,footnote #g3 ,bogoraz1 quoted by ,demidoff1 ,shooting ,trip to ,kamchatka1 p4 #gd sq4 ,footnote #h3 ,jochelson1 ,koryak ,religion and ,myth1 pp4 #eb1 #ec n4 #c4 ,footnote #i3 ,jochelson1 op4 cit4 p4 #eb sq4 ,in the ,malay ,archipelago homosexual love is common1#aj though not in all of the islands4#aa ,it is widely spread among the ,bataks of ,sumatra4#ab ,in ,bali it is practised openly1 and there are persons who make it a profession4#ac ,the basir of the ,dyaks are men who make their living by witchcraft and debauchery4 ,they are dressed as women1 they are made use of at idolatrous feasts and for sodomitic abominations1 and many of them are formally married to other men4#ad ,dr4 ,haddon says that he never heard of any unnatural offences in ,torres ,straits2#ae but in the ,rigo district of ,british ,new ,guinea several instances of pederasty have been met with1#af and at ,mowat in ,daudai it is regularly indulged in4#ag ,homosexual love is reported as common among the ,marshall ,islanders#ah and in ,hawaii4#ai ,from ,tahiti we hear of a set of men called by the natives mahoos1 who assume the dress1 attitude1 and manners1 of women1 and affect all the fantastic oddities and coquetries of the vainest of females4 ,they mostly associate with the women1 who court their acquaintance4 ,with the manners of the women1 they adopt their peculiar employments4 4 4 4 ,the encouragement of this abomination is almost solely #dfj confined to the chiefs4#bj ,of the ,new ,caledonians ,m4 ,foley writes3--,la plus grande fraternit n'est pas chez eux la fraternit uterine1 mais la fraternit des armes4 ,il en est ainsi surtout au village de ,poepo4 ,il est vrai que cette fraternit des armes est complique de pdrastie4#ba ,footnote #aj3 ,wilken1 ',plechtigheden en gebruiken bij verlovingen en huwelijken bij de volken van den ,indischen ,archipel1' in ,bijdragen tot de taal- land- en volkenkunde van ,nederlandsch-,indi1 xxxiii4 7ser4 v4 vol4 iv47 p4 #deg sqq4 ,footnote #aa3 ,crawfurd1 ,history of the ,indian ,archipelago1 iii4 #aci4 ,marsden1 ,history of ,sumatra1 p4 #bfa4 ,footnote #ab3 ,junghuhn1 ,die ,battalnder auf ,sumatra1 ii4 #aeg1 n499 ,footnote #ac3 ,jacobs1 ,eenigen tijd onder de ,balirs1 pp4 #ad1 #acd sq4 ,footnote #ad3 ,hardeland1 ,dajacksch-deutsches ,wrterbuch1 p4 #ec sq4 ,schwaner1 ,borneo1 i4 #ahf4 ,perelaer1 ,ethnographische beschrijving der ,dajaks1 p4 #cb4 ,footnote #ae3 ,haddon1 ',ethnography of the ,western ,tribe of ,torres ,straits1' in ,jour4 ,anthr4 ,inst4 xix4 #cae4 ,footnote #af3 ,seligmann1 ',sexual ,inversion among ,primitive ,races1' in ,the ,alienist and ,neurologist1 xxiii4 #c sqq4 ,footnote #ag3 ,beardmore1 ',natives of ,mowat1 ,daudai1 ,new ,guinea1' in ,jour4 ,anthr4 ,inst4 xix4 #dfd4 ,haddon1 ibid4 xix4 #cae4 ,footnote #ah3 ,hernsheim1 ,beitrag zur ,sprache der ,marshall-,inseln1 p4 #dj4 ,a different opinion is expressed by ,senfft1 in ,steinmetz1 ,rechtsverhltnisse von eingeborenen ,vlkern in ,afrika und ,ozeanien1 p4 #dcg4 ,footnote #ai3 ,remy1 ,ka ,mooolelo ,hawaii1 p4 xliii4 ,footnote #bj3 ,turnbull1 ,voyage ,round the ,world1 p4 #chb4 ,see also ,wilson1 ,missionary ,voyage to the ,southern ,pacific1 pp4 #ccc1 #cfa2 ,ellis1 ,polynesian ,researches1 i4 #bdf1 #beh4 ,footnote #ba3 ,foley1 ',sur les habitations et les moeurs des ,no-,caldoniens1' in ,bull4 ,soc4 d',anthrop4 ,paris1 ser4 iii4 vol4 ii4 #fjf4 ,see also de ,rochas1 ,nouvelle ,caldonie1 p4 #bce4 ,among the natives of the ,kimberley ,district in ,west ,australia1 if a young man on reaching a marriageable age can find no wife1 he is presented with a boy-wife1 known as chookadoo4 ,in this case1 also1 the ordinary exogamic rules are observed1 and the husband has to avoid his mother-in-law1 just as if he were married to a woman4 ,the chookadoo is a boy of five years to about ten1 when he is initiated4 ,the relations which exist between him and his protecting billalu says ,mr4 ,hardman1 are somewhat doubtful4 ,there is no doubt they have connection1 but the natives repudiate with horror and disgust the idea of sodomy4#bb ,such marriages are evidently exceedingly common4 ,as the women are generally monopolised by the older and more influential men of the tribe1 it is rare to find a man under thirty or forty who has a wife2 hence it is the rule that1 when a boy becomes five years old1 he is given as a boy-wife to one of the young men4#bc ,according to ,mr4 ,purcell's description of the natives of the same district1 every useless member of the tribe gets a boy1 about five or seven years old2 and these boys1 who are called mullawongahs1 are used for sexual purposes4#bd ,among the ,chingalee of ,south ,australia1 ,northern ,territory1 old men are often noticed with no wives but accompanied by one or two boys1 whom they jealously guard and with whom they have sodomitic intercourse4#be #dfa ,that homosexual practices are not unknown among other ,australian tribes may be inferred from ,mr4 ,hewitt's statement relating to ,south-,eastern natives1 that unnatural offences are forbidden to the novices by the old men and guardians after leaving the initiation camp4#bf ,footnote #bb3 ,hardman1 ',notes on some ,habits and ,customs of the ,natives of the ,kimberley ,district1' in ,proceed4 ,roy4 ,irish ,academy1 ser4 iii4 vol4 i4 #gd4 ,footnote #bc3 ,ibid4 pp4 #ga1 #gc4 ,footnote #bd3 ,purcell1 ',rites and ,customs of ,australian ,aborigines1' in ,verhandl4 ,berliner ,gesellsch4 ,anthrop4 #ahic1 p4 #bhg4 ,footnote #be3 ,ravenscroft1 ',some ,habits and ,customs of the ,chingalee ,tribe1' in ,trans4 ,roy4 ,soc4 ,south ,australia1 xv4 #abb4 ,i am indebted to ,mr4 ,n4 ,w4 ,thomas for drawing my attention to these statements4 ,footnote #bf3 ,howitt1 ',some ,australian ,ceremonies of ,initiation1' in ,jour4 ,anthr4 ,inst4 xiii4 #dej4 ,in ,madagascar there are certain boys who live like women and have intercourse with men1 paying those men who please them4#bg ,in an old account of that island1 dating from the seventeenth century1 it is said3 ,,ii y a 4 4 4 quelques hommes qu'ils appellent ,tsecats1 qui sont hommes effeminez et impuissans1 qui recherchent les garons1 et font mine d'en estre amoureux1 en contrefaisans les filles et se vestans ainsi qu'elles leurs font des presents pour dormir auec eux1 et mesmes se donnent des noms de filles1 en faisant les honteuses et les modestes4 4 4 4 ,ils hassent les femmes et ne les veulent point hanter4#bh ,men behaving like women have also been observed among the ,ondonga in ,german ,south-,west ,africa#bi and the ,diakit-,sarracolese in the ,french ,soudan1#cj but as regards their sexual habits details are wanting4 ,homosexual practices are common among the ,banaka and ,bapuku in the ,cameroons4#ca ,but among the natives of ,africa generally such practices seem to be comparatively rare1#cb except among ,arabic-speaking #dfb peoples and in countries like ,zanzibar1#cc where there has been a strong ,arab influence4 ,in ,north ,africa they are not restricted to the inhabitants of towns2 they are frequent among the peasants of ,egypt#cd and universal among the ,jbla inhabiting the ,northern mountains of ,morocco4 ,on the other hand1 they are much less common or even rare among the ,berbers and the nomadic ,bedouins1#ce and it is reported that the ,bedouins of ,arabia are quite exempt from them4#cf ,footnote #bg3 ,lasnet1 in ,annales d'hygine et de mdecine coloniales1 #ahii1 p4 #did1 quoted by ,havelock ,ellis1 op4 cit4 p4 #aj4 ,cf4 ,rencurel1 in ,annales d'hygine1 #aijj1 p4 #efb1 quoted ibid4 p4 #aa sq4 ,see also ,leguvel de ,lacombe1 ,voyage ,madagascar1 i4 #ig sq4 ,pederasty prevails to some extent in the island of ,nossi-,b1 close to ,madagascar1 and is very common at ,ankisimane1 opposite to it1 on ,jassandava ,bay 7,walter1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #cgf74 ,footnote #bh3 de ,flacourt1 ,histoire de la grande isle ,madagascar1 p4 #hf4 ,footnote #bi3 ,rautanen1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #ccc4 ,footnote #cj3 ,nicole1 ibid4 p4 #aaa4 ,footnote #ca3 ,ibid4 p4 #ch4 ,footnote #cb3 ,munzinger1 ,ostafrikanische ,studien1 p4 #ebe 7,barea and ,kunma74 ,baumann1 ',contrre ,sexual-,erscheinungen bei der ,neger-,bevlkerung ,zanzibars1' in ,verhandl4 der ,berliner ,gesellsch4 fr ,anthropologie1 #ahii1 p4 #ffh4 ,felkin1 ',notes on the ,waganda ,tribe of ,central ,africa1' in ,proceed4 ,roy4 ,soc4 ,edinburgh1 xiii4 #gbc4 ,johnston1 ,british ,central ,africa1 p4 #djd 7,bakongo74 ,monrad1 ,skildring af ,guinea-,kysten1 p4 #eg 7,negroes of ,accra74 ,torday and ,joyce1 ',ethnography of the ,ba-,mbala1' in ,jour4 ,anthr4 ,inst4 xxxv4 #daj4 ,nicole1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #aaa 7,muhammedan ,negroes74 ,tellier1 ibid4 p4 #aei 7,kreis ,kita in the ,french ,soudan74 ,beverley1 ibid4 p4 #baj 7,wagogo74 ,kraft1 ibid4 p4 #bhh 7,wapokomo74 ,footnote #cc3 ,baumann1 in ,verhandl4 ,berliner ,gesellsch4 ,anthrop4 #ahii1 p4 #ffh sq4 ,footnote #cd3 ,burckhardt1 ,travels in ,nubia1 p4 #ace4 ,footnote #ce3 d',escayrac de ,lauture1 ,afrikanische ,wste1 p4 #ic4 ,footnote #cf3 ,burckhardt1 ,travels in ,arabia1 i4 #cfd4 ,see also von ,kremer1 ,culturgeschichte des ,orients1 ii4 #bfi4 ,homosexual love is spread over ,asia ,minor and ,mesopotamia4#cg ,it is very prevalent among the ,tartars and ,karatchai of the ,caucasus1#ch the ,persians1#ci ,sikhs1#dj and ,afghans2 in ,kaubul a bazaar or street is set apart for it4#da ,old travellers make reference to its enormous frequency among the ,muhammedans of ,india1#db and in this respect time seems to have produced no change4#dc ,in ,china1 where it is also extremely common1 there are special houses devoted to male prostitution1 and boys are sold by their parents about the age of four1 to be trained for this occupation4#dd ,in ,japan pederasty is said by some to have prevailed from the most ancient times1 whereas others are of opinion that it was introduced by ,buddhism about the sixth century of our era4 ,the monks used to live with handsome youths1 to whom they were often passionately devoted2 and in feudal times nearly every knight had as #dfc his favourite a young man with whom he entertained relations of the most intimate kind1 and on behalf of whom he was always ready to fight a duel when occasion occurred4 ,tea-houses with male gheishas were found in ,japan till the middle of the nineteenth century4 ,nowadays pederasty seems to be more prevalent in the ,southern than in the ,northern provinces of the country1 but there are also districts where it is hardly known4#de ,footnote #cg3 ,burton1 ,arabian ,nights1 x4 #bcb4 ,footnote #ch3 ,kovalewsky1 ,coutume contemporaine1 p4 #cdj4 ,footnote #ci3 ,polak1 ',die ,prostitution in ,persien1' in ,wiener ,medizinische ,wochenschrift1 xi4 #fbg sqq4 ,idem1 ,persien1 i4 #bcg4 ,burton1 ,arabian ,nights1 x4 #bcc sq4 ,wilson1 ,persian ,life and ,customs1 p4 #bbi4 ,footnote #dj3 ,malcolm1 ,sketch of the ,sikhs1 p4 #adj4 ,havelock ,ellis1 op4 cit4 p4 #e1 n4 #b4 ,burton1 ,arabian ,nights1 x4 #bcf4 ,footnote #da3 ,wilson1 ,abode of ,snow1 p4 #dbj4 ,burton1 ,arabian ,nights1 x4 #bcf4 ,footnote #db3 ,stavorinus1 ,voyages to the ,east-,indies1 i4 #def4 ,fryer1 ,new ,account of ,east-,india1 p4 #ig4 ,chevers1 ,manual of ,medical ,jurisprudence for ,india1 p4 #gje4 ,footnote #dc3 ,chevers1 op4 cit4 p4 #gjh4 ,footnote #dd3 ,indo-,chinese ,gleaner1 iii4 #aic4 ,wells ,williams1 ,the ,middle ,kingdom1 i4 #hcf4 ,matignon1 ',deux mots sur la pdrastie en ,chine1' in ,archives d'anthropologie criminelle1 xiv4 #ch sqq4 ,karsch1 ,das gleichgeschlechtliche ,leben der ,ostasiaten1 p4 #f sqq4 ,footnote #de3 ,jwaya1 ',nan sho k1' in ,jahrbuch fr sexuelle ,zwischenstufen1 iv4 #bff1 #bfh1 #bgj4 ,karsch1 op4 cit4 p4 #ga sqq4 ,no reference is made to pederasty either in the ,homeric poems or by ,hesiod1 but later on we meet with it almost as a national institution in ,greece4 ,it was known in ,rome and other parts of ,italy at an early period2#df but here also it became much more frequent in the course of time4 ,at the close of the sixth century1 ,polybius tells us1 many ,romans paid a talent for the possession of a beautiful youth4#dg ,during the ,empire il tait d'usage1 dans les families patriciennes1 de donner au jeune homme pubre un esclave du mme ge comme compagnon de lit1 afin qu'il pt satisfaire 4 4 4 'ses premiers lans' gnsiques2#dh and formal marriages between men were introduced with all the solemnities of ordinary nuptials4#di ,homosexual practices occurred among the ,celts1#ej and were by no means unknown to the ancient ,scandinavians1 who had a whole nomenclature on the subject4#ea ,footnote #df3 ,dionysius of ,halicarnassus1 ,antiquitates ,roman1 vii4 #b4 ,athenus1 ,deipnosophist1 xii4 #ad1 p4 #eah 7,etruscans74 ,rein1 ,criminalrecht der ,rmer1 p4 #hfc4 ,footnote #dg3 ,polybius1 ,histori1 xxxii4 #aa4 #e4 ,footnote #dh3 ,buret1 ,la syphilis aujourd'hui et chez les anciens1 p4 #aig sqq4 ,catullus1 ,carmina1 lxi4 7',in ,nuptias ,juli et ,manlii'71 #abh sqq4 ,cf4 ,martial1 ,epigrammata1 viii4 #dd4 #af sq4 ,footnote #di3 ,juvenal1 ,satir1 ii4 #aag sqq4 ,martial1 op4 cit4 xii4 #db4 ,footnote #ej3 ,diodorus ,siculus1 ,bibliotheca historica1 v4 #cb4 #g4 ,aristotle1 ,politica1 ii4 #i1 p4 #abfi b4 ,footnote #ea3 ',spuren von ,kontrrsexualitt bei den alten ,skandinaviern1' in ,jahrbuch fr sexuelle ,zwischenstufen1 iv4 #bdd sqq4 ,of late years a voluminous and constantly increasing literature on homosexuality#eb has revealed its frequency in modern ,europe4 ,no country and no class of society is free from it4 ,in certain parts of ,albania it even exists as a popular custom1 the young men from the age of sixteen #dfd upwards regularly having boy favourites of between twelve and seventeen4#ec ,footnote #eb3 ,see infra1 ,additional ,notes4 ,footnote #ec3 ,hahn1 ,albanesische ,studien1 i4 #afh4 ,the above statements chiefly refer to homosexual practices between men1 but similar practices also occur between women4#ed ,among the ,american aborigines there are not only men who behave like women1 but women who behave like men4 ,thus in certain ,brazilian tribes women are found who abstain from every womanly occupation and imitate the men in everything1 who wear their hair in a masculine fashion1 who go to war with a bow and arrows1 who hunt together with the men1 and who would rather allow themselves to be killed than have sexual intercourse with a man4 ,each of these women has a woman who serves her and with whom she says she is married2 they live together as husband and wife4#ee ,so also there are among the ,eastern ,eskimo some women who refuse to accept husbands1 preferring to adopt masculine manners1 following the deer on the mountains1 trapping and fishing for themselves4#ef ,homosexual practices are said to be common among ,hottentot#eg and ,herero#eh women4 ,in ,zanzibar there are women who wear men's clothes in private1 show a preference for masculine occupations1 and seek sexual satisfaction among women who have the same inclination1 or else among normal women who are won over by presents or other means4#ei ,in ,egyptian harems every woman is said to have a friend4#fj ,in ,bali homosexuality is almost as common among women as among men1 though it is exercised more secretly2#fa and the same seems to be the case in ,india4#fb ,from ,greek antiquity we #dfe hear of ,lesbian love4 ,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 it4 ,for various reasons the sexual abnormalities of women have attracted much less attention1#fc and moral opinion has generally taken little notice of them4 ,footnote #ed3 ,karsch1 in ,jahrbuch fr sexuelle ,zwischenstufen1 iii4 #he sqq4 ,ploss-,bartels1 ,das ,weib1 i4 #eag sqq4 von ,krafft-,ebing1 ,psychopathia sexualis1 p4 #bgh sqq4 ,moll1 ,die ,contrre ,sexualempfindung1 p4 #bdg sqq4 ,havelock ,ellis1 op4 cit4 p4 #aah sqq4 ,footnote #ee3 ,magalhanes de ,gandavo1 ,histoire de la ,province de ,sancta-,cruz1 p4 #aaf sq4 ,footnote #ef3 ,dall1 op4 cit4 p4 #aci4 ,footnote #eg3 ,fritsch1 quoted by ,karsch1 in ,jahrbuch fr sexuelle ,zwischenstufen1 iii4 #hg sq4 ,footnote #eh3 ,fritsch1 ,die ,eingeborenen ,sd-,afrika's1 p4 #bbg4 ,cf4 ,schinz1 ,deutsch-,sdwest-,afrika1 pp4 #agc1 #agg4 ,footnote #ei3 ,baumann1 in ,verhandl4 ,berliner ,gesellsch4 ,anthrop4 #ahii1 p4 #ffh sq4 ,footnote #fj3 ,havelock ,ellis1 op4 cit4 p4 #abc4 ,footnote #fa3 ,jacobs1 ,eenigen tijd onder de ,balirs1 p4 #acd sq4 ,footnote #fb3 ,havelock ,ellis1 op4 cit4 p4 #abd sq4 ,footnote #fc3 ,see ibid4 p4 #aba sq4 ,homosexual practices are due sometimes to instinctive preference1 sometimes to external conditions unfavourable to normal intercourse4#fd ,a frequent cause is congenital sexual inversion1 that is1 sexual instinct turned by inborn constitutional abnormality toward persons of the same sex4#fe ,it seems likely that the feminine men and the masculine women referred to above are1 at least in many instances1 sexual inverts2 though1 in the case of shamans1 the change of sex may also result from the belief that such transformed shamans1 like their female colleagues1 are particularly powerful4#ff ,dr4 ,holder affirms the existence of congenital inversion among the ,north-,western tribes of the ,united ,states1#fg ,dr4 ,baumann among the people of ,zanzibar2#fh and in ,morocco1 also1 ,i believe it is common enough4 ,but as regards its prevalence among non-,european peoples we have mostly to resort to mere conjectures2 our real knowledge of congenital inversion is derived from the voluntary confessions of inverts4 ,the large majority of travellers are totally ignorant of the psychological side of the subject1 and even to an expert it must very often be impossible to decide whether a certain case of inversion is congenital or acquired4 ,indeed1 acquired inversion itself presupposes an innate disposition which under certain circumstances develops into actual inversion4#fi ,even between inversion and normal sexuality #dff there seem to be all shades of variation4 ,professor ,james thinks that inversion is a kind of sexual appetite1 of which very likely most men possess the germinal possibility4#gj ,this is certainly the case in early puberty4#ga ,footnote #fd3 ,another reason for such practices is given by ,mr4 ,beardmore 7in ,jour4 ,anthr4 ,inst4 xix4 #dfd71 with reference to the ,papuans of ,mowat4 ,he says that they indulge in sodomy because too great increase of population is undesired amongst the younger portion of the married people4 ,cf4 infra1 p4 #dhd sqq4 ,footnote #fe3 ,havelock ,ellis1 op4 cit4 p4 #a4 ,footnote #ff3 ,jochelson1 op4 cit4 p4 #eb sq4 ,footnote #fg3 ,holder1 quoted by ,havelock ,ellis1 op4 cit4 p4 #i sq4 ,footnote #fh3 ,baumann1 in ,verhandl4 ,berliner ,gesellsch4 ,anthrop4 #ahii1 p4 #ffh sq4 ,footnote #fi3 ,fr1 ,l'instinct sexuel1 quoted by ,havelock ,ellis1 op4 cit4 p4 #da4 ,footnote #gj3 ,james1 ,principles of ,psychology1 ii4 #dci4 ,see also ,ives1 op4 cit4 p4 #ef sqq4 ,footnote #ga3 ,dr4 ,dessoir 7',zur ,psychologie der ,vita sexualis1' in ,allgemeine ,zeitschrift fr ,psychiatrie1 l4 #idb7 even goes so far as to conclude that an undifferentiated sexual feeling is normal1 on the average1 during the first years of puberty4 ,but this is certainly an exaggeration 7cf4 ,havelock ,ellis1 op4 cit4 p4 #dg sq474 ,a very important cause of homosexual practices is absence of the other sex4 ,there are many instances of this among the lower animals4#gb ,buffon long ago observed that1 if male or female birds of various species were shut up together1 they would soon begin to have sexual relations among themselves1 the males sooner than the females4#gc ,the ,west ,australian boy-marriage is a substitute for ordinary marriage in cases when women are not obtainable4 ,among the ,boror of ,brazil homosexual intercourse is said to occur in their men-houses only when the scarcity of accessible girls is unusually great4#gd ,its prevalence in ,tahiti may perhaps be connected with the fact that there was only one woman to four or five men1 owing to the habit of female infanticide4#ge ,among the ,chinese in certain regions1 for instance ,java1 the lack of accessible women is the principal cause of homosexual practices4#gf ,according to some writers such practices are the results of polygamy4#gg ,in ,muhammedan countries they are no doubt largely due to the seclusion of women1 preventing free intercourse between the sexes and compelling the unmarried people to associate almost exclusively with members of their own sex4 ,among the mountaineers of ,northern ,morocco the excessive indulgence in pederasty thus goes hand in hand with great isolation of the women #dfg and a very high standard of female chastity1 whereas among the ,arabs of the plains1 who are little addicted to boy-love1 the unmarried girls enjoy considerable freedom4 ,both in ,asia#gh and ,europe#gi the obligatory celibacy of the monks and priests has been a cause of homosexual practices1 though it must not be forgotten that a profession which imposes abstinence from marriage is likely to attract a comparatively large number of congenital inverts4 ,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 races1#hj like the ,sikhs1 ,afghans1 ,dorians1 and ,normans4#ha ,in ,persia#hb and ,morocco it is particularly common among soldiers4 ,in ,japan it was an incident of knighthood1 in ,new ,caledonia and ,north ,america of brotherhood in arms4 ,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 chase4#hc ,among the ,banaka and ,bapuku in the ,cameroons pederasty is practised especially by men who are long absent from their wives4#hd ,in ,morocco ,i have heard it advocated on account of the convenience it affords to persons who are travelling4 ,footnote #gb3 ,karsch1 in ,jahrbuch fr sexuelle ,zwischenstufen1 ii4 #abf sqq4 ,havelock ,ellis1 op4 cit4 p4 #b sq4 ,footnote #gc3 ,havelock ,ellis1 op4 cit4 p4 #b4 ,footnote #gd3 von den ,steinen1 ,unter den ,naturvlkern ,zentral-,brasiliens1 p4 #ejb4 ,footnote #ge3 ,ellis1 ,polynesian ,researches1 i4 #beg sq4 ,footnote #gf3 ,matignon1 in ,archives d'anthropologie criminelle1 xiv4 #db4 ,karsch1 op4 cit4 p4 #cb sqq4 ,footnote #gg3 ,waitz1 ,anthropologie der ,naturvlker1 iii4 #aac4 ,bastian1 ,der ,mensch in der ,geschichte1 iii4 #cje 7,dahomans74 ,footnote #gh3 ,supra1 ii4 #dfb4 ,karsch4 op4 cit4 pp4 #g4 7,china71 #gf sqq4 7,japan71 #acb 7,corea74 ,footnote #gi3 ,see ,voltaire1 ,dictionnaire philosophique1 ',amour ,socratique' 7,,oeuvres1 vii4 #hb72 ,buret1 ,syphilis in the ,middle ,ages and in ,modern ,times1 p4 #hh sq4 ,footnote #hj3 ,cf4 ,havelock ,ellis1 op4 cit4 p4 #e4 ,footnote #ha3 ,freeman1 ,reign of ,william ,rufus1 i4 #aei4 ,footnote #hb3 ,polak1 in ,wiener ,medizinische ,wochenschrift1 xi4 #fbh4 ,footnote #hc3 ,marquette1 op4 cit4 p4 #ec 7,illinois74 ,perrin du ,lac1 ,voyage dans les deux ,louisianes et chez les nations sauvages du ,missouri1 p4 #ceb4 ,cf4 ,nuez ,cabeza de ,vaca1 loc4 cit4 p4 #ech 7concerning the ,indians of ,florida73-- 4 4 4 tiran arco y llevan muy gran carga4 ,footnote #hd3 ,steinmetz1 ,rechtsverhltnisse1 p4 #ch4 ,dr4 ,havelock ,ellis justly observes that when homosexual attraction is due simply to the absence of the other sex we are not concerned with sexual inversion1 but merely with the accidental turning of the sexual instinct into an abnormal channel1 the instinct being called out by an approximate substitute1 or even by diffused emotional excitement1 in the absence of the normal object4#he ,but it seems to me probable that in such cases the homosexual #dfh attraction in the course of time quite easily develops into genuine inversion4 ,i cannot but think that our chief authorities on homosexuality have underestimated the modifying influence which habit may exercise on the sexual instinct4 ,professor ,krafft-,ebing#hf and ,dr4 ,moll#hg deny the existence of acquired inversion except in occasional instances2 and ,dr4 ,havelock ,ellis takes a similar view1 if putting aside those cases of a more or less morbid character in which old men with failing sexual powers1 or younger men exhausted by heterosexual debauchery1 are attracted to members of their own sex4#hh ,but how is it that in some parts of ,morocco such a very large proportion of the men are distinctly sexual inverts1 in the sense in which this word is used by ,dr4 ,havelock ,ellis1#hi that is1 persons who for the gratification of their sexual desire prefer their own sex to the opposite one8 ,it may be that in ,morocco and in ,oriental countries generally1 where almost every individual marries1 congenital inversion1 through the influence of heredity1 is more frequent than in ,europe1 where inverts so commonly abstain from marrying4 ,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 stock1 some of which are very little or hardly at all addicted to pederasty4 ,i take the case to be1 that homosexual practices in early youth have had a lasting effect on the sexual instinct1 which at its first appearance1 being somewhat indefinite1 is easily turned into a homosexual direction4#ij ,in ,morocco inversion is most prevalent among the scribes1 who from childhood have lived in very close association with their fellow-students4 ,of course1 influences of this kind require a favourable organic predisposition to act on2#ia but this predisposition is probably no abnormality at all1 only a #dfi feature in the ordinary sexual constitution of man4#ib ,it should be noticed that the most common form of inversion1 at least in ,muhammedan countries1 is love of boys or youths not yet in the age of puberty1 that is1 of male individuals who are physically very like girls4 ,voltaire observes3--,souvent un jeune garon1 par la fracheur de son teint1 par l'clat de ses couleurs1 et par la douceur de ses yeux1 ressemble pendant deux ou trois ans une belle fille2 si on l'aime1 c'est parce que la nature se mprend4#ic ,moreover1 in normal cases sexual attraction depends not only on sex1 but on a youthful appearance as well2 and there are persons so constituted that to them the latter factor is of chief importance1 whilst the question of sex is almost a matter of indifference4 ,footnote #he3 ,havelock ,ellis1 op4 cit4 p4 #c4 ,footnote #hf3 ,krafft-,ebing1 op4 cit4 p4 #baa sq4 ,footnote #hg3 ,moll1 op4 cit4 p4 #aeg sqq4 ,footnote #hh3 ,havelock ,ellis1 op4 cit4 p4 #ej sq4 ,cf4 ibid4 p4 #aha sqq4 ,footnote #hi3 ,ibid4 p4 #c4 ,footnote #ij3 ,cf4 ,norman1 ',sexual ,perversion1' in ,tuke's ,dictionary of ,psychological ,medicine1 ii4 #aaef4 ,footnote #ia3 ,havelock ,ellis1 op4 cit4 p4 #aia4 ,footnote #ib3 ,dr4 ,havelock ,ellis also admits 7op4 cit4 p4 #aij7 that1 if in early life the sexual instincts are less definitely determined than when adolescence is complete1 it is conceivable1 though unproved1 that a very strong impression1 acting even on a normal organism1 may cause arrest of sexual development on the psychic side4 ,it is a question1 he adds1 ,i am not in a position to settle4 ,footnote #ic3 ,voltaire1 ,dictionnaire ,philosophique1 art4 ',amour ,socratique1' 7,,oeuvres1 vii4 #ha74 ,cf4 ,ovid1 ,metamorphoses1 x4 #hd sq4 ,in ancient ,greece1 also1 not only homosexual intercourse but actual inversion1 seems to have been very common2 and although this1 like every form of love1 must have contained a congenital element1 there can be little doubt1 ,i think1 that it was largely due to external circumstances of a social character4 ,it may1 in the first place1 be traced to the methods of training the youth4 ,in ,sparta it seems to have been the practice for every youth of good character to have his lover1 or inspirator1#id and for every well-educated man to be the lover of some youth4#ie ,the relations between the inspirator and the listener were extremely intimate3 at home the youth was constantly under the eyes of his lover1 who was supposed to be to him a model and pattern of life2#if in battle they stood near one another and their fidelity and affection were often shown till death2#ig if his relatives were absent1 the youth #dgj might be represented in the public assembly by his lover2#ih and for many faults1 particularly want of ambition1 the lover could be punished instead of the listener4#ii ,this ancient custom prevailed with still greater force in ,crete1 which island was hence by many persons considered to be the place of its birth4#ajj ,whatever may have been the case originally1 there can be no doubt that in later times the relations between the youth and his lover implied unchaste intercourse4#aja ,and in other ,greek states the education of the youth was accompanied by similar consequences4 ,at an early age the boy was taken away from his mother1 and spent thenceforth all his time in the company of men1 until he reached the age when marriage became for him a civic duty4#ajb ,according to ,plato1 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 level1 not only of man1 but of the beasts4#ajc ,plato also mentions the effect which these habits had on the sexual instincts of the men3 when they reached manhood they were lovers of youths and not naturally inclined to marry or beget children1 but1 if at all1 they did so only in obedience to the law4#ajd ,is not this1 in all probability1 an instance of acquired inversion8 ,but besides the influence of education there was another factor which1 co-operating with it1 favoured the development of homosexual tendencies1 namely1 the great gulf which mentally separated the sexes4 ,nowhere else has the difference in culture between men and women been so immense as in the fully developed ,greek civilisation4 ,the lot of a wife in ,greece was retirement and ignorance4 ,she lived in almost absolute seclusion1 in a separate part of the house1 together with her female slaves1 deprived of all the educating influence of male society1 and having no place at those public spectacles #dga which were the chief means of culture4#aje ,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 ,aphrodite1 who is of the body rather than of the soul4#ajf ,they had reached a stage of mental culture at which the sexual instinct normally has a craving for refinement1 at which the gratification of mere physical lust appears brutal4 ,in the eyes of the most refined among them those who were inspired by the heavenly ,aphrodite loved neither women nor boys1 but intelligent beings whose reason was beginning to be developed1 much about the time at which their beards began to grow4#ajg ,in present ,china we meet with a parallel case4 ,dr4 ,matignon observes3--,il y a tout lieu de supposer que certains ,chinois1 raffins au point de vue intellectuel1 recherchent dans la pdrastie la satisfaction des sens et de l'esprit4 ,la femme chinoise est peu cultive1 ignorante mme1 quelle que soit sa condition1 honnte femme ou prostitue4 ,or le ,chinois a souvent l'me potique3 il aime les vers1 la musique1 les belles sentences des philosophes1 autant de choses qu'il ne peut trouver chez le beau sexe de l',empire du ,milieu4#ajh ,so also it seems that the ignorance and dullness of ,muhammedan women1 which is a result of their total lack of education and their secluded life1 is a cause of homosexual practices2 ,moors are sometimes heard to defend pederasty on the plea that the company of boys1 who have always news to tell1 is so much more entertaining than the company of women4 ,footnote #id3 ,servius1 ,in ,vergilii neidos1 x4 #cbe4 ,for the whole subject of pederasty among the ,dorians see ,mueller1 ,history and ,antiquities of the ,doric ,race1 ii4 #cjg sq4 ,footnote #ie3 ,aelian1 ,varia historia1 iii4 #aj4 ,footnote #if3 ,mueller1 op4 cit4 ii4 #cjh4 ,footnote #ig3 ,xenophon1 ,historia ,grca1 iv4 #h4 #ci4 ,footnote #ih3 ,plutarch1 ,lycurgus1 xxv4 #a4 ,footnote #ii3 ,ibid4 xviii4 #h4 ,aelian1 op4 cit4 iii4 #aj4 ,footnote #ajj3 ,aelian1 op4 cit4 iii4 #i4 ,athenaeus1 ,deipnosophist1 xiii4 #gg1 p4 #fja4 ,footnote #aja3 ,cf4 ,symonds1 ',die ,homosexualitt in ,griechenland1' in ,havelock ,ellis and ,symonds1 ,das kontrre ,geschlechtsgefhl1 p4 #ee4 ,footnote #ajb3 ,ibid4 p4 #aaf4 ,dllinger1 ,the ,gentile and the ,jew1 ii4 #bdd4 ,footnote #ajc3 ,plato1 ,leges1 i4 #fcf4 ,cf4 ,plutarch1 ,amatorius1 v4 #i4 ,footnote #ajd3 ,plato1 ,symposium1 p4 #aib4 ,footnote #aje3 ',state of ,female ,society in ,greece1' in ,quarterly ,review1 xxii4 #agb sqq4 ,lecky1 ,history of ,european ,morals1 ii4 #bhg4 ,dllinger1 op4 cit4 ii4 #bcd4 ,footnote #ajf3 ,plato1 ,symposium1 p4 #aha4 ,that the low state of the ,greek women was instrumental to pederasty has been pointed out by ,dllinger 7op4 cit4 ii4 #bdd7 and ,symonds 7loc4 cit4 pp4 #gg1 #ajj1 #aja1 #aaf sqq474 ,footnote #ajg3 ,plato1 ,symposium1 p4 #aha4 ,footnote #ajh3 ,matignon1 in ,archives d'anthropologie criminelle1 xiv4 #da4 ,we have hitherto dealt with homosexual love as a fact2 we shall now pass to the moral valuation to which it is subject4 ,where it occurs as a national habit we may assume that no censure1 or no severe censure1 is passed on it4 ,among the ,bataks of ,sumatra there is no punishment #dgb for it4#aji ,of the bazirs among the ,ngajus of ,pula ,patak1 in ,borneo1 ,dr4 ,schwaner says that in spite of their loathsome calling they escape well-merited contempt4#aaj ,the ,society ,islanders had for their homosexual practices not only the sanction of their priests1 but the direct example of their respective deities4#aaa ,the tsekats of ,madagascar maintained that they were serving the deity by leading a feminine life2#aab but we are told that at ,ankisimane and in ,nossi-,b1 opposite to it1 pederasts are objects of public contempt4#aac ,father ,veniaminof says of the ,atkha ,aleuts that sodomy and too early cohabitation with a betrothed or intended wife are called among them grave sins2#aad but apart from the fact that his account of these natives in general gives the impression of being somewhat eulogistic1 the details stated by him only show that the acts in question were considered to require a simple ceremony of purification4#aae ,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 women4 ,in ,kadiak such a companion was on the contrary regarded as a great acquisition2 and the effeminate men themselves1 far from being despised1 were held in repute by the people1 most of them being wizards4#aaf ,we have previously noticed the connection between homosexual practices and shamanism among various ,siberian peoples2 and it is said that such shamans as had changed their sex were greatly feared by the people1 being regarded as very powerful4#aag ,among the ,illinois and ,naudowessies the #dgc effeminate men assist in all the juggleries and the solemn dance in honour of the calumet1 or sacred tobacco pipe1 for which the ,indians have such a deference that one may call it the god of peace and war1 and the arbiter of life and death2 but they are not permitted either to dance or sing4 ,they are called into the councils of the ,indians1 and nothing can be decided upon without their advice2 for because of their extraordinary manner of living they are looked upon as manitous1 or supernatural beings1 and persons of consequence4#aah ,the ,sioux1 ,sacs1 and ,fox ,indians give once a year1 or oftener if they choose1 a feast to the ,berdashe1 or ,i-coo-coo-a1 who is a man dressed in woman's clothes1 as he has been all his life4 ,for extraordinary privileges which he is known to possess1 he is driven to the most servile and degrading duties1 which he is not allowed to escape2 and he being the only one of the tribe submitting to this disgraceful degradation1 is looked upon as 'medicine' and sacred1 and a feast is given to him annually2 and initiatory to it1 a dance by those few young men of the tribe who can 4 4 4 4 dance forward and publicly make their boast 7without the denial of the ,berdashe7 4 4 4 4 ,such1 and such only1 are allowed to enter the dance and partake of the feast4#aai ,among some ,american tribes1 however1 these effeminate men are said to be despised1 especially by the women4#abj ,in ancient ,peru1 also1 homosexual practices seem to have entered in the religious cult4 ,in some particular places1 says ,cieza de ,leon1 boys were kept as priests in the temples1 with whom it was rumoured that the lords joined in company on days of festivity4 ,they did not meditate1 he adds1 the committing of such sin1 but only the offering of sacrifice to the demon4 ,if the ,incas by chance had some knowledge of such proceedings in the temple1 they might have #dgd ignored them out of religious tolerance4#aba ,but the ,incas themselves were not only free from such practices in their own persons1 they would not even permit any one who was guilty of them to remain in the royal houses or palaces4 ,and ,cieza heard it related that1 if it came to their knowledge that somebody had committed an offence of that kind1 they punished it with such a severity that it was known to all4#abb ,las ,casas tells us that in several of the more remote provinces of ,mexico sodomy was tolerated1 if not actually permitted1 because the people believed that their gods were addicted to it2 and it is not improbable that in earlier times the same was the case in the entire empire4#abc ,but in a later age severe measures were adopted by legislators in order to suppress the practice4 ,in ,mexico people found guilty of it were killed4#abd ,in ,nicaragua it was punished capitally by stoning1#abe and none of the ,maya nations was without strict laws against it4#abf ,among the ,chibchas of ,bogota the punishment for it was the infliction of a painful death4#abg ,however1 it should be remembered that the ancient culture nations of ,america were generally extravagant in their punishments1 and that their penal codes in the first place expressed rather the will of their rulers than the feelings of the people at large4#abh ,footnote #aji3 ,junghuhn1 op4 cit4 ii4 #aeg1 n4 ,footnote #aaj3 ,schwaner1 op4 cit4 i4 #ahf4 ,footnote #aaa3 ,ellis1 ,polynesian ,researches1 i4 #beh4 ,cf4 ,moerenhout1 ,voyages aux les du ,grand ,ocan1 ii4 #afg sq4 ,footnote #aab3 de ,flacourt1 op4 cit4 p4 #hf4 ,footnote #aac3 ,walter1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #cgf4 ,footnote #aad3 ,veniaminof1 quoted by ,petroff1 ,report on ,alaska1 p4 #aeh4 ,footnote #aae3 ,ibid4 p4 #aeh3--,the offender desirous of unburdening himself selected a time when the sun was clear and unobscured2 he picked up certain weeds and carried them about his person2 then deposited them and threw his sin upon them1 calling the sun as a witness1 and1 when he had eased his heart of all that had weighed upon it1 he threw the grass or weeds into the fire1 and after that considered himself cleansed of his sin4 ,footnote #aaf3 ,davydow1 quoted by ,holmberg1 loc4 cit4 p4 #djj sq4 ,lisianski1 op4 cit4 p4 #aii4 ,footnote #aag3 ,bogoraz1 quoted by ,demidoff1 op4 cit4 p4 #ge4 ,jochelson1 op4 cit4 p4 #eb sq4 ,footnote #aah3 ,marquette1 op4 cit4 p4 #ec sq4 ,footnote #aai3 ,catlin1 ,north ,american ,indians1 ii4 #bad sq4 ,footnote #abj3 ',la ,salle's ,last ,expedition in ,north ,america1' in ,collections of the ,new-,york ,historical ,society1 ii4 #bch 7,illinois74 ,perrin du ,lac1 ,voyage dans les deux ,louisianes et chez les nations sauvages du ,missouri1 p4 #ceb4 ,bossu1 op4 cit4 i4 #cjc 7,chactaws74 ,oviedo y ,valds1 loc4 cit4 p4 #ejh 7,isthmians74 von ,martius1 ,von dem ,rechtszustande unter den ,ureinwohnern ,brasiliens1 p4 #bh 7,guaycurs74 ,footnote #aba3 ,cieza de ,leon1 ,segunda parte de ,crnica del ,per1 ch4 #be1 p4 #ii4 ,see also ,idem1 ,crnica del ,per primera parte1 ch4 #fd 7,biblioteca de autores espaoles1 xxvi4 #daf sq474 ,footnote #abb3 ,idem1 ,segunda parte de ,crnica del ,per1 ch4 #be1 p4 #ih4 ,see also ,garcilasso de la ,vega1 op4 cit4 ii4 #acb4 ,footnote #abc3 ,las ,casas1 quoted by ,bancroft1 op4 cit4 ii4 #dfg sq4 ,cf4 ibid4 ii4 #fgg4 ,footnote #abd3 ,clavigero1 ,history of ,mexico1 i4 #ceg4 ,footnote #abe3 ,squier1 ',archology and ,ethnology of ,nicaragua1' in ,trans4 ,american ,ethn4 ,soc4 iii4 pt4 i4 #abh4 ,footnote #abf3 ,bancroft1 op4 cit4 ii4 #fgg4 ,footnote #abg3 ,piedrahita1 ,historia general de las conquistas del nuevo reyno de ,granada1 p4 #df4 ,footnote #abh3 ,see supra1 i4 #ahf1 #aie4 ,homosexual practices are said to be taken little notice of even by some uncivilised peoples who are not addicted to them4 ,in the ,pelew ,islands1 where such practices occur only sporadically1 they are not punished1 although1 if ,i understand ,herr ,kubary rightly1 the persons committing them may be put to shame4#abi ,the ,ossetes of the ,caucasus1 #dge among whom pederasty is very rare1 do not generally prosecute persons for committing it1 but ignore the act4#acj ,the ,east ,african ,masai do not punish sodomy4#aca ,but we also meet with statements of a contrary nature4 ,in a ,kafir tribe ,mr4 ,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 chief4#acb ,among the ,ondonga pederasts are hated1 and the men who behave like women are detested1 most of them being wizards4#acc ,the ,washambala consider pederasty a grave moral aberration and subject it to severe punishment4#acd ,among the ,waganda homosexual practices1 which have been introduced by the ,arabs and are of rare occurrence1 are intensely abhorred1 the stake being the punishment4#ace ,the ,negroes of ,accra1 who are not addicted to such practices1 are said to detest them4#acf ,in ,nubia pederasty is held in abhorrence1 except by the ,kashefs and their relations1 who endeavour to imitate the ,mamelukes in everything4#acg ,footnote #abi3 ,kubary1 ',die ,verbrechen und das ,strafverfahren auf den ,pelau-,inseln1' in ,original-,mittheilungen aus der ethnologischen ,abtheilung der kniglichen ,museen zu ,berlin1 i4 #hd4 ,footnote #acj3 ,kovalewsky1 ,coutume contemporaine1 p4 #cdj4 ,footnote #aca3 ,merker1 ,die ,masai1 p4 #bjh4 ,the ,masai1 however1 slaughter at once any bullock or he-goat which is noticed to practise unnatural intercourse1 for fear lest otherwise their herds should be visited by a plague as a divine punishment 7ibid4 p4 #aei74 ,footnote #acb3 ,warner1 in ,maclean1 ,compendium of ,kafir ,laws1 p4 #fb4 ,footnote #acc3 ,rautanen1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #ccc sq4 ,footnote #acd3 ,lang1 ibid4 p4 #bcb4 ,footnote #ace3 ,felkin1 in ,proceed4 ,roy4 ,soc4 ,edinburgh1 xiii4 #gbc4 ,footnote #acf3 ,monrad1 op4 cit4 p4 #eg4 ,footnote #acg3 ,burckhardt1 ,travels in ,nubia1 p4 #ace4 ,muhammed forbade sodomy1#ach and the general opinion of his followers is that it should be punished like fornication--for which the punishment is1 theoretically1 severe enough#aci--unless the offenders make a public act of penitence4 ,in order to convict1 however1 the law requires that four reliable persons shall swear to have been eye-witnesses1#adj and this alone would make the law a dead letter1 even if it had the support of popular feelings2 but such support is certainly wanting4 ,in ,morocco active #dgf pederasty is regarded with almost complete indifference1 whilst the passive sodomite1 if a grown-up individual1 is spoken of with scorn4 ,dr4 ,polak says the same of the ,persians4#ada ,in ,zanzibar a clear distinction is made between male congenital inverts and male prostitutes2 the latter are looked upon with contempt1 whereas the former1 as being what they are by the will of ,god1 are tolerated4#adb ,the ,muhammedans of ,india and other ,asiatic countries regard pederasty1 at most1 as a mere peccadillo4#adc ,among the ,hindus it is said to be held in abhorrence1#add but their sacred books deal with it leniently4 ,according to the ',laws of ,manu1' a twice-born man who commits an unnatural offence with a male1 or has intercourse with a female in a cart drawn by oxen1 in water1 or in the day-time1 shall bathe1 dressed in his clothes2 and all these are reckoned as minor offences4#ade ,footnote #ach3 ,koran1 iv4 #bj4 ,footnote #aci3 ,sachau1 ,muhammedanisches ,recht nach ,schafiitischer ,lehre1 pp4 #hji1 #hah3--,sodomita si muh4s4an 7that is1 a married person in possession of full civic rights7 est punitur lapidatione1 si non est muh4s4an punitur et flagellatione et exsilio4 ,footnote #adj3 ,burton1 ,arabian ,nights1 x4 #bbd4 ,footnote #ada3 ,polak1 in ,wiener ,medizinische ,wochenschrift1 xi4 #fbh sq4 ,footnote #adb3 ,baumann1 in ,verhandl4 ,berliner ,gesellsch4 ,anthrop4 #ahii1 p4 #ffi4 ,footnote #adc3 ,chevers1 op4 cit4 p4 #gjh4 ,burton1 ,arabian ,nights1 x4 #bbb sqq4 ,footnote #add3 ,burton1 ,arabian ,nights1 x4 #bcg4 ,footnote #ade3 ,laws of ,manu1 xi4 #age4 ,cf4 ,institutes of ,vishnu1 liii4 #d2 pastamba1 i4 #i4 #bf4 #g2 ,gautama1 xxv4 #g4 ,chinese law makes little distinction between unnatural and other sexual offences4 ,an unnatural offence is variously considered according to the age of the patient1 and whether or not consent was given4 ,if the patient be an adult1 or a boy over the age of twelve1 and consent1 the case is treated as a slightly aggravated form of fornication1 both parties being punished with a hundred blows and one month's cangue1 whilst ordinary fornication is punished with eighty blows4 ,if the adult or boy over twelve resist1 the offence is considered as rape2 and if the boy be under twelve1 the offence is rape irrespective of consent or resistance1 unless the boy has previously gone astray4#adf ,but1 as a matter of fact1 unnatural offences are regarded as less hurtful to the community than ordinary immorality1#adg and pederasty is not looked down upon4 ,l'opinion publique reste tout fait indiffrente ce genre de distraction et la #dgg morale ne s'en meut en rien3 puisque cela plat l'oprateur et que l'opr est consentant1 tout est pour le mieux2 la loi chinoise n'aime gure s'occuper des affaires trop intimes4 ,la pdrastie est mme considre comme une chose de bon ton1 une fantaisie dispendieuse et partout un plaisir lgant4 4 4 4 ,la pdrastie a une conscration officielle en ,chine4 ,il existe1 en effet1 des pdrs pour l',empereur4#adh ,indeed1 the only objection which ,dr4 ,matignon has heard to be raised to pederasty by public opinion in ,china is that it has a bad influence on the eyesight4#adi ,in ,japan there was no law against homosexual intercourse till the revolution of #ahfh4aej ,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 woman2 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 prevail4#aea ,footnote #adf3 ,alabaster1 ,notes and ,commentaries on ,chinese ,criminal ,law1 p4 #cfg sqq4 ,ta ,tsing ,leu ,lee1 ,appendix1 no4 xxxii4 p4 #egj4 ,footnote #adg3 ,alabaster1 op4 cit4 p4 #cfi4 ,footnote #adh3 ,matignon1 in ,archives d'anthropologie criminelle1 xiv4 #db1 #dc1 #eb4 ,footnote #adi3 ,ibid4 p4 #dd4 ,footnote #aej3 ,karsch1 op4 cit4 p4 #ii4 ,footnote #aea3 ,jwaya1 in ,jahrbuch fr sexuelle ,zwischenstufen1 iv4 #bff1 #bgj sq4 ,the laws of the ancient ,scandinavians ignored homosexual practices2 but passive pederasts were much despised by them4 ,they were identified with cowards and regarded as sorcerers4 ,the epithets applied to them--argr1 ragr1 blandr1 and others assumed the meaning of poltroon in general1 and there are instances of the word arg being used in the sense of practising witchcraft4 ,this connection between pederasty and sorcery1 as a ,norwegian scholar justly points out1 helps us to understand ,tacitus' statement that among the ancient ,teutons individuals whom he describes as corpore infames were buried alive in a morass4#aeb ,considering that drowning was a common penalty for sorcery1 it seems probable that this punishment was inflicted upon them not1 in the first place1 on account of their sexual practices1 but in their capacity of wizards4 ,it is certain that the opprobrium which the pagan ,scandinavians attached to homosexual love was chiefly restricted to him who played the woman's part4 ,in one of the poems #dgh the hero even boasts of being the father of offspring borne by another man4#aec ,footnote #aeb3 ,tacitus1 ,germania1 #ab4 ,footnote #aec3 ',spuren von ,kontrrsexualitt bei den alten ,skandinaviern 7,mitteilungen eines norwegischen ,gelehrten71' in ,jahrbuch fr sexuelle ,zwischenstufen1 iv4 #bde1 #bef sqq4 ,in ,greece pederasty in its baser forms was censured1 though generally1 it seems1 with no great severity1 and in some states it was legally prohibited4#aed ,according to an ,athenian law1 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 agora4#aee ,in ,sparta it was necessary that the listener should accept the inspirator from real affection2 he who did so out of pecuniary considerations was punished by the ephors4#aef ,we are even told that among the ,spartans the relations between the lover and his friend were truly innocent1 and that if anything unlawful happened both must forsake either their country or their lives4#aeg ,but the universal rule in ,greece seems to have been that when decorum was observed in the friendship between a man and a youth1 no inquiries were made into the details of the relationship4#aeh ,and this attachment was not only regarded as permissible1 but was praised as the highest and purest form of love1 as the offspring of the heavenly ,aphrodite1 as a path leading to virtue1 as a weapon against tyranny1 as a safeguard of civic liberty1 as a source of national greatness and glory4 ,phaedrus said that he knew no greater blessing to a young man who is beginning life than a virtuous lover1 or to the lover than a beloved youth2 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 love4#aei ,the ,platonic ,pausanias argued that if love of youths is held in ill repute it is so only because it is inimical to tyranny2 the interests of rulers require that their subjects should #dgi be poor in spirit1 and that there should be no strong bond of friendship or society among them1 which love1 above all other motives1 is likely to inspire4#afj ,the power of the ,athenian tyrants was broken by the love of ,aristogeiton and the constancy of ,harmodius2 at ,agrigentum in ,sicily the mutual love of ,chariton and ,melanippus produced a similar result2 and the greatness of ,thebes was due to the ,sacred ,band established by ,epaminondas4 ,for in the presence of his favourite1 a man would choose to do anything rather than to get the character of a coward4#afa ,it was pointed out that the greatest heroes and the most warlike nations were those who were most addicted to the love of youths2#afb and it was said that an army consisting of lovers and their beloved ones1 fighting at each other's side1 although a mere handful1 would overcome the whole world4#afc ,footnote #aed3 ,xenophon1 ,lacedmoniorum respublica1 ii4 #ac4 ,maximus ,tyrius1 ,dissertationes1 xxv4 #d2 xxvi4 #i4 ,footnote #aee3 ,aeschines1 ,contra ,timarchum1 #ba4 ,footnote #aef3 ,aelian1 ,varia historia1 iii4 #aj4 ,cf4 ,plato1 ,leges1 viii4 #iaj4 ,footnote #aeg3 ,aelian1 op4 cit4 iii4 #ab4 ,cf4 ,maximus ,tyrius1 op4 cit4 xxvi4 #h4 ,footnote #aeh3 ,cf4 ,symonds1 loc4 cit4 p4 #ib sqq4 ,footnote #aei3 ,plato1 ,symposium1 p4 #agh4 ,footnote #afj3 ,plato1 ,symposium1 p4 #ahb4 ,footnote #afa3 ,hieronymus1 the ,peripatetic1 referred to by ,athenaeus1 op4 cit4 xiii4 #gh1 p4 #fjb4 ,see also ,maximus ,tyrius1 op4 cit4 xxiv4 #b4 ,footnote #afb3 ,plutarch1 ,amatorius1 xvii4 #ad4 ,footnote #afc3 ,plato1 ,symposium1 p4 #agh4 ,herodotus asserts that the love of boys was introduced from ,greece into ,persia4#afd ,whether his statement be correct or not1 such love could certainly not have been a habit of the ,mazda worshippers4#afe ,in the ,zoroastrian books unnatural sin is treated with a severity to which there is a parallel only in ,hebrewism and ,christianity4 ,according to the ,venddd1 there is no atonement for it4#aff ,it is punished with torments in the other world1 and is capital here below4#afg ,even he who committed it involuntarily1 by force1 is subject to corporal punishment4#afh ,indeed1 it is a more heinous sin than the slaying of a righteous man4#afi ,there is no worse sin than this in the good religion1 and it is proper to call those who commit it worthy of death in reality4 ,if any one comes forth to them1 and shall see #dhj them in the act1 and is working with an axe1 it is requisite for him to cut off the heads or to rip up the bellies of both1 and it is no sin for him4 ,but it is not proper to kill any person without the authority of high-priests and kings1 except on account of committing or permitting unnatural intercourse4#agj ,footnote #afd3 ,herodotus1 i4 #ace4 ,footnote #afe3 ,ammianus ,marcellinus says 7xxiii4 #gf7 that the inhabitants of ,persia were free from pederasty4 ,but see also ,sextus ,empiricus1 ,pyrrhoni hypotyposes1 i4 #aeb4 ,footnote #aff3 ,venddd1 i4 #ab2 viii4 #bg4 ,footnote #afg3 ,darmesteter1 in ,sacred ,books of the ,east1 iv4 p4 lxxxvi4 ,footnote #afh3 ,venddd1 viii4 #bf4 ,footnote #afi3 ,dn- ,mang- ,khirad1 xxxvi4 #a sqq4 ,footnote #agj3 ,sad ,dar1 ix4 #b1 sqq4 ,nor are unnatural sins allowed to defile the land of the ,lord4 ,whosoever shall commit such abominations1 be he ,israelite or stranger dwelling among the ,israelites1 shall be put to death1 the souls that do them shall be cut off from their people4 ,by unnatural sins of lust the ,canaanites polluted their land1 so that ,god visited their guilt1 and the land spued out its inhabitants4#aga ,footnote #aga3 ,leviticus1 xviii4 #bb1 #bd sqq42 xx4 #ac4 ,this horror of homosexual practices was shared by ,christianity4 ,according to ,st4 ,paul1 they form the climax of the moral corruption to which ,god gave over the heathen because of their apostasy from him4#agb ,tertullian says that they are banished not only from the threshold1 but from all shelter of the church1 because they are not sins1 but monstrosities4#agc ,st4 ,basil maintains that they deserve the same punishment as murder1 idolatry1 and witchcraft4#agd ,according to a decree of the ,council of ,elvira1 those who abuse boys to satisfy their lusts are denied communion even at their last hour4#age ,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 this4 ,in ,rome there was an old law of unknown date1 called ,lex ,scantinia 7or ,scatinia71 which imposed a mulct on him who committed pederasty with a free person2#agf but this law1 of which #dha very little is known1 had lain dormant for ages1 and the subject of ordinary homosexual intercourse had never afterwards attracted the attention of the pagan legislators4#agg ,but when ,christianity became the religion of the ,roman ,empire1 a veritable crusade was opened against it4 ,constantius and ,constans made it a capital crime1 punishable with the sword4#agh ,valentinian went further still and ordered that those who were found guilty of it should be burned alive in the presence of all the people4#agi ,justinian1 terrified by certain famines1 earthquakes1 and pestilences1 issued an edict which again condemned persons guilty of unnatural offences to the sword1 lest1 as the result of these impious acts1 whole cities should perish together with their inhabitants1 as we are taught by ,holy ,scripture that through such acts cities have perished with the men in them4#ahj ,a sentence of death and infamy1 says ,gibbon1 was often founded on the slight and suspicious evidence of a child or a servant1 4 4 4 and pederasty became the crime of those to whom no crime could be imputed4#aha ,footnote #agb3 ,romans1 i4 #bf sq4 ,footnote #agc3 ,tertullian1 ,de pudicitia1 #d 7,migne1 ,patrologi cursus1 ii4 #ihg74 ,footnote #agd3 ,st4 ,basil1 quoted by ,bingham1 ,works1 vi4 #dcb sq4 ,footnote #age3 ,concilium ,eliberitanum1 ch4 #ga 7,labbe-,mansi1 ,sacrorum ,conciliorum collectio1 ii4 #ag74 ,footnote #agf3 ,juvenal1 ,satir1 ii4 #dc sq4 ,valerius ,maximus1 ,facta dictaque memorabilia1 vi4 #a4 #g4 ,quintilian1 ,institutio oratoria1 iv4 #b4 #fi3--;,decem milia1 quae poena stupratori constituta est1 dabit4 ,christ1 ,hist4 ,legis ,scatini1 quoted by ,dllinger1 op4 cit4 ii4 #bgd4 ,rein1 ,criminalrecht der ,rmer1 p4 #hfe sq4 ,bingham1 op4 cit4 vi4 #dcc sqq4 ,mommsen1 ,rmisches ,strafrecht1 p4 #gjc sq4 ,footnote #agg3 ,mommsen1 op4 cit4 p4 #gjd4 ,rein1 op4 cit4 p4 #hff4 ,the passage in ,digesta1 xlviii4 #e4 #ce4 #a1 refers to stuprum independently of the sex of the victim4 ,footnote #agh3 ,codex ,theodosianus1 ix4 #g4 #c4 ,codex ,justinianus1 ix4 #i4 #cj4 ,footnote #agi3 ,codex ,theodosianus1 ix4 #g4 #f4 ,footnote #ahj3 ,novell1 #gg4 ,see also ibid4 #ada1 and ,institutiones1 iv4 #ah4 #d4 ,footnote #aha3 ,gibbon1 ,history of the ,decline and ,fall of the ,roman ,empire1 v4 #cbc4 ,this attitude towards homosexual practices had a profound and lasting influence on ,european legislation4 ,throughout the ,middle ,ages and later1 ,christian lawgivers thought that nothing but a painful death in the flames could atone for the sinful act4#ahb ,in ,england ,fleta #dhb speaks of the offender being buried alive2#ahc but we are elsewhere told that burning was the due punishment4#ahd ,as unnatural intercourse1 however1 was a subject for ecclesiastical cognizance1 capital punishment could not be inflicted on the criminal unless the ,church relinquished him to the secular arm2 and it seems very doubtful whether she did relinquish him4 ,sir ,frederick ,pollock and ,professor ,maitland consider that the statute of #aecc1 which makes sodomy felony1 affords an almost sufficient proof that the temporal courts had not punished it1 and that no one had been put to death for it for a very long time past4#ahe ,it was said that the punishment for this crime--which the ,english law1 in its very indictments1 treats as a crime not fit to be named#ahf--was determined to be capital by the voice of nature and of reason1 and the express law of ,god2#ahg and it remained so till #ahfa1ahh although in practice the extreme punishment was not inflicted4#ahi ,in ,france persons were actually burned for this crime in the middle and latter part of the eighteenth century4#aij ,but in this1 as in so many other respects1 the rationalistic movement of that age brought about a change4#aia ,to punish sodomy with death1 it was said1 is atrocious2 when unconnected with violence1 the law ought to take no notice of it at all4 ,it does not violate any other person's right1 its influence on society is merely indirect1 like that of drunkenness and free love2 it is a disgusting vice1 but its only proper punishment is contempt4#aib ,this view was adopted by the ,french ',code pnal1' according to which homosexual practices in private1 between two consenting adult parties1 whether men or women1 are absolutely #dhc unpunished4 ,the homosexual act is treated as a crime only when it implies an outrage on public decency1 or when there is violence or absence of consent1 or when one of the parties is under age or unable to give valid consent4#aic ,this method of dealing with homosexuality has been followed by the legislators of various ,european countries1#aid and in those where the law still treats the act in question per se as a penal offence1 notably in ,germany1 a propaganda in favour of its alteration is carried on with the support of many men of scientific eminence4 ,this changed attitude of the law towards homosexual intercourse undoubtedly indicates a change of moral opinions4 ,though it is impossible to measure exactly the degree of moral condemnation1 ,i suppose that few persons nowadays attach to it the same enormity of guilt as did our forefathers4 ,and the question has even been put whether morality has anything at all to do with a sexual act1 committed by the mutual consent of two adult individuals1 which is productive of no offspring1 and which on the whole concerns the welfare of nobody but the parties themselves4#aie ,footnote #ahb3 ,du ,boys1 ,histoire du droit criminel de l',espagne1 pp4 #ic1 #djc4 ,les tablissements de ,saint ,louis1 i4 #ij1 vol4 ii4 #adg4 ,beaumanoir1 ,coutumes du ,beauvoisis1 xxx4 #aa1 vol4 i4 #dac4 ,montesquieu1 ,de l'esprit des lois1 xii4 #f 7,,oeuvres1 p4 #bhc74 ,hume1 ,commentaries on the ,law of ,scotland1 ii4 #cce2 ,pitcairn1 ,criminal ,trials in ,scotland1 ii4 #dia1 n4 #b4 ,clarus1 ,practica criminalis1 book v4 ,sodomia1 #d 7,opera omnia1 ii4 #aea74 ,jarcke1 ,handbuch des gemeinen deutschen ,strafrechts1 iii4 #agb sqq4 ,charles ,v4's ,peinliche ,gerichtsordnung1 art4 #aaf4 ,henke1 ,geschichte des deutschen peinlichen ,rechts1 i4 #bhi4 ,numa ,praetorius1 ',die strafrechtlichen ,bestimmungen gegen den gleichgeschlechtlichen ,verkehr1' in ,jahrbuch fr sexuelle ,zwischenstufen1 i4 #abd sqq4 ,in the beginning of the nineteenth century sodomy was still nominally subject to capital punishment by burning in ,bavaria 7von ,feuerbach1 ,kritik des ,kleinschrodischen ,entwurfs zu einem peinlichen ,gesetzbuche fr die ,chur-,pfalz-,bayrischen ,staaten1 ii4 #ac71 and in ,spain as late as #ahdc 7,du ,boys1 op4 cit4 p4 #gba74 ,footnote #ahc3 ,fleta1 i4 #cg4 #c1 p4 #hd4 ,footnote #ahd3 ,britton1 i4 #aj1 vol4 i4 #db4 ,footnote #ahe3 ,pollock and ,maitland1 ,history of ,english ,law before the ,time of ,edward ,i4 ii4 #eef sq4 ,footnote #ahf3 ,coke1 ,third ,part of the ,institutes of the ,laws of ,england1 p4 #eh sq4 ,blackstone1 ,commentaries on the ,laws of ,england1 iv4 #bah4 ,footnote #ahg3 ,blackstone1 op4 cit4 iv4 #bah4 ,footnote #ahh3 ,stephen1 ,history of the ,criminal ,law of ,england1 i4 #dge4 ,footnote #ahi3 ,blackstone1 op4 cit4 iv4 #bah4 ,footnote #aij3 ,desmaze1 ,pnalits anciennes1 p4 #baa4 ,havelock ,ellis1 op4 cit4 p4 #bjg4 ,footnote #aia3 ,numa ,praetorius1 loc4 cit4 p4 #aba sqq4 ,footnote #aib3 ,note of the editors of ,kehl's edition of ,voltaire's ',prix de la justice et de l'humanit1' in ,,oeuvres compltes1 v4 #dcg1 n4 #b4 ,footnote #aic3 ,code pnal1 #ccj sqq4 ,cf4 ,chevalier1 ,l'inversion sexuelle1 p4 #dca sqq42 ,havelock ,ellis1 op4 cit4 p4 #bjg sq4 ,footnote #aid3 ,numa ,praetorius1 loc4 cit4 pp4 #aca-acc1 #adc sqq4 ,footnote #aie3 ,see1 e4g41 ,bax1 ,ethics of ,socialism1 p4 #abf4 ,from this review of the moral ideas on the subject1 incomplete though it be1 it appears that homosexual practices are very frequently subject to some degree of censure1 though the degree varies extremely4 ,this censure is no doubt1 in the first place1 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 conditions4 ,i presume that nobody will deny the general prevalence of such a tendency4 ,it corresponds to that instinctive repugnance to sexual connections with women which is so frequently found in congenital inverts2 whilst that particular form of it with which legislators have chiefly busied themselves evokes1 in addition1 a physical disgust of its own4 ,and in a society where the #dhd 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 custom1 law1 or religious tenets4 ,on the other hand1 where special circumstances have given rise to widely spread homosexual practices1 there will be no general feeling of disgust even in the adults1 and the moral opinion of the society will be modified accordingly4 ,the act may still be condemned1 in consequence of a moral doctrine formed under different conditions1 or of the vain attempts of legislators to check sexual irregularities1 or out of utilitarian considerations2 but such a condemnation would in most people be rather theoretical than genuine4 ,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 women2 and the passive pederast may be an object of contempt on account of the feminine practices to which he lends himself1 as also an object of hatred on account of his reputation for sorcery4 ,we have seen that the effeminate men are frequently believed to be versed in magic2#aif their abnormalities readily suggest that they are endowed with supernatural power1 and they may resort to witchcraft as a substitute for their lack of manliness and physical strength4 ,but the supernatural qualities or skill in magic ascribed to men who behave like women may also1 instead of causing hatred1 make them honoured or reverenced4 ,footnote #aif3 ,see also ,bastian1 in ,zeitschr4 f4 ,ethnol4 i4 #hh sq4 ,speaking of the witches of ,fez1 ,leo ,africanus says 7,history and ,description of ,africa1 ii4 #deh7 that they haue a damnable custome to commit vnlawfull ,venerie among themselues4 ,among the ,patagonians1 according to ,falkner 7,description of ,patagonia1 p4 #aag71 the male wizards are chosen for their office when they are children1 and a preference is always shown to those who at that early time of life discover an effeminate disposition4 ,they are obliged1 as it were1 to leave their sex1 and to dress themselves in female apparel4 ,it has been suggested that the popular attitude towards homosexuality was originally an aspect of economics1 a question of under- or over-population1 and that it was forbidden or allowed accordingly4 ,dr4 ,havelock ,ellis thinks it probable that there is a certain relationship #dhe between the social reaction against homosexuality and against infanticide3--,where the one is regarded leniently and favourably1 there generally the other is also2 where the one is stamped out1 the other is usually stamped out4#aig ,but our defective knowledge of the opinions of the various savage races concerning homosexuality hardly warrants such a conclusion2 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 infants4#aih ,on the other hand we are acquainted with several facts which are quite at variance with ,dr4 ,ellis's suggestion4 ,among many ,hindu castes female infanticide has for ages been a genuine custom1#aii and yet pederasty is remarkably rare among the ,hindus4 ,the ancient ,arabs were addicted to infanticide1#bjj but not to homosexual love1#bja whereas among modern ,arabs the case is exactly the reverse4 ,and if the early ,christians deemed infanticide and pederasty equally heinous sins1 they did so certainly not because they were anxious that the population should increase2 if this had been their motive they would hardly have glorified celibacy4 ,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 condemnation4 ,it was said that the ,cretan law on the subject had in view to check the growth of population2 but1 like ,dllinger1#bjb ,i do not believe that this assertion touches the real root of the matter4 ,more importance may be attached to the following passage in one of the ,pahlavi texts3--,he who is wasting seed makes a practice of causing the death of progeny2 when the custom is completely continuous1 which produces an evil stoppage of the progress of the race1 the creatures have become annihilated2 and certainly1 that action1 from which1 when it is universally proceeding1 the depopulation #dhf of the world must arise1 has become and furthered the greatest wish of ,aharman4#bjc ,i am1 however1 of opinion that considerations of this kind have generally played only a subordinate1 if any1 part in the formation of the moral opinions concerning homosexual practices4 ,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 ,jews4#bjd ,however much they condemned celibacy1 they did not put it on a par with the abominations of ,sodom4 ,the excessive sinfulness which was attached to homosexual love by ,zoroastrianism1 ,hebrewism1 and ,christianity1 had quite a special foundation4 ,it cannot be sufficiently accounted for either by utilitarian considerations or instinctive disgust4 ,the abhorrence of incest is generally a much stronger feeling than the aversion to homosexuality4 ,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 father2 #bje and1 according to the ,roman ,catholic doctrine1 unnatural intercourse is an even more heinous sin than incest and adultery4#bjf ,the fact is that homosexual practices were intimately associated with the gravest of all sins3 unbelief1 idolatry1 or heresy4 ,footnote #aig3 ,havelock ,ellis1 op4 cit4 p4 #bjf4 ,see ,additional ,notes4 ,footnote #aih3 ,cf4 supra1 ii4 #dff 7,tahitians74 ,footnote #aii3 ,supra1 i4 #djg4 ,footnote #bjj3 ,supra1 i4 #djf sq4 ,footnote #bja3 von ,kremer1 ,culturgeschichte des ,orients1 ii4 #abi4 ,footnote #bjb3 ,dllinger1 op4 cit4 ii4 #bci4 ,footnote #bjc3 ,ddistn- ,dnk1 lxxvii4 #aa4 ,footnote #bjd3 ,havelock ,ellis1 op4 cit4 p4 #bjf4 ,footnote #bje3 ,genesis1 xix4 #ca sqq4 ,footnote #bjf3 ,thomas ,aquinas1 ,summa theologica1 ii4-ii4 #aed4 #ab4 ,katz1 ,grundriss des kanonischen ,strafrechts1 pp4 #ajd1 #aah1 #abj4 ,clarus1 ,practica criminalis1 book v4 ,sodomia1 ,additiones1 #a 7,opera omnia1 ii4 #aeb73--;,hoc vitium est majus1 quam si quis propriam matrem cognosceret4 ,according to ,zoroastrianism1 unnatural sin had been created by ,angra ,mainyu4#bjg ,aharman1 the wicked1 miscreated the demons and fiends1 and also the remaining corrupted ones1 by his own unnatural intercourse4#bjh ,such intercourse is on a par with ,afrsiyb1 a ,turanian king who conquered the ,iranians for twelve years2#bji with ,dahk1 a king or dynasty who is said to have conquered ,yim and reigned for a thousand years2#baj with ,tr-i ,brdar-vakhsh1 #dhg a heterodox wizard by whom the best men were put to death4#baa ,he who commits unnatural sin is in his whole being a ,dava2#bab and a ,dava-worshipper is not a bad ,zoroastrian1 but a man who does not belong to the ,zoroastrian system1 a foreigner1 a non-,aryan4#bac ,in the ,venddd1 after the statement that the voluntary commission of unnatural sin is a trespass for which there is no atonement for ever and ever1 the question is put1 ,when is it so8 ,and the answer given is3--,if the sinner be a professor of the religion of ,mazda1 or one who has been taught in it4 ,if not1 his sin is taken from him1 in case he makes confession of the religion of ,mazda and resolves never to commit again such forbidden deeds4#bad ,this is to say1 the sin is inexpiable if it involves a downright defiance of the true religion1 it is forgiven if it is committed in ignorance of it and is followed by submission4 ,from all this it appears that ,zoroastrianism stigmatised unnatural intercourse as a practice of infidels1 as a sign of unbelief4 ,and ,i think that certain facts referred to above help us to understand why it did so4 ,not only have homosexual practices been commonly associated with sorcery1 but such an association has formed1 and partly still forms1 an incident of the shamanistic system prevalent among the ,asiatic peoples of ,turanian stock1 and that it did so already in remote antiquity is made extremely probable by statements which ,i have just quoted from ,zoroastrian texts4 ,to this system ,zoroastrianism was naturally furiously opposed1 and the change of sex therefore appeared to the ,mazda worshipper as a devilish abomination4 ,footnote #bjg3 ,venddd1 i4 #ab4 ,footnote #bjh3 ,dn- ,mang- ,khirad1 viii4 #aj4 ,footnote #bji3 ,sad ,dar1 ix4 #e4 ,west's note to ,dn- ,mang- ,khirad1 viii4 #bi 79999,sacred ,books of the ,east1 xxiv4 #ce1 n4 #d47 ,footnote #baj3 ,sad ,dar1 ix4 #e4 ,west's note to ,dn- ,mang- ,khirad1 viii4 #bi 7,sacred ,books of the ,east1 xxiv4 #ce1 n4 #c74 ,footnote #baa3 ,sad ,dar1 ix4 #e4 ,west's note to ,ddistn- ,dnk1 lxxii4 #h 7,sacred ,books of the ,east1 xviii4 #bah74 ,footnote #bab3 ,venddd1 viii4 #cb4 ,footnote #bac3 ,darmesteter1 in ,sacred ,books of the ,east1 iv4 p4 li4 ,footnote #bad3 ,venddd1 viii4 #bg sq4 ,so also the ,hebrews abhorrence of sodomy was largely due to their hatred of a foreign cult4 ,according to ,genesis1 unnatural vice was the sin of a people who were not the ,lord's people1 and the ,levitical legislation represents ,canaanitish abominations as the chief reason #dhh why the ,canaanites were exterminated4#bae ,now we know that sodomy entered as an element in their religion4 ,besides k4edeshoth1 or female prostitutes1 there were k4edeshim1 or male prostitutes1 attached to their temples4#baf ,the word k4adesh1 translated sodomite1 properly denotes a man dedicated to a deity2#bag and it appears that such men were consecrated to the mother of the gods1 the famous ,dea ,syria1 whose priests or devotees they were considered to be4#bah ,the male devotees of this and other goddesses were probably in a position analogous to that occupied by the female devotees of certain gods1 who also1 as we have seen1 have developed into libertines2 and the sodomitic acts committed with these temple prostitutes may1 like the connections with priestesses1 have had in view to transfer blessings to the worshippers4#bai ,in ,morocco supernatural benefits are expected not only from heterosexual1 but also from homosexual intercourse with a holy person4#bbj ,the k4edeshim are frequently alluded to in the ,old ,testament1 especially in the period of the monarchy1 when rites of foreign origin made their way into both ,israel and ,judah4#bba ,and it is natural that the ,yahveh worshipper should regard their practices with the utmost horror as forming part of an idolatrous cult4 ,footnote #bae3 ,leviticus1 xx4 #bc4 ,footnote #baf3 ,deuteronomy1 xxiii4 #ag4 ,driver1 ,commentary on ,deuteronomy1 p4 #bfd4 ,footnote #bag3 ,driver1 op4 cit4 p4 #bfd sq4 ,selbie1 ',sodomite1' in ,hastings1 ,dictionary of the ,bible1 iv4 #eei4 ,footnote #bah3 ,st4 ,jerome1 ,in ,osee1 i4 #d4 #ad 7,migne1 op4 cit4 xxv4 #hea74 ,cook's note to #a ,kings1 xiv4 #bd1 in his edition of ,the ,holy ,bible1 ii4 #ega4 ,see also ,lucian1 ,lucius1 #ch4 ,footnote #bai3 ,rosenbaum suggests 7,geschichte der ,lustseuche im ,alterthume1 p4 #abj7 that the eunuch priests connected with the cult of the ,ephesian ,artemis and the ,phrygian worship of ,cybele likewise were sodomites4 ,footnote #bbj3 ,see ,westermarck1 ,the ,moorish ,conception of ,holiness1 p4 #he4 ,footnote #bba3 #a ,kings1 xiv4 #bd2 xv4 #ab2 xxii4 #df4 #b ,kings1 xxiii4 #g4 ,job1 xxxvi4 #ad4 ,driver1 op4 cit4 p4 #bfe4 ,the ,hebrew conception of homosexual love to some extent affected ,muhammedanism1 and passed into ,christianity4 ,the notion that it is a form of sacrilege was here strengthened by the habits of the gentiles4 ,st4 ,paul found the abominations of ,sodom prevalent among nations who had changed the truth of ,god into a lie1 and worshipped and served the creature more than the #dhi ,creator4#bbb ,during the ,middle ,ages heretics were accused of unnatural vice as a matter of course4#bbc ,indeed1 so closely was sodomy associated with heresy that the same name was applied to both4 ,in ',la ,coutume de ,touraine-,anjou' the word herite1 which is the ancient form of hrtique1#bbd seems to be used in the sense of sodomite2#bbe and the ,french bougre 7from the ,latin ,bulgarus1 ,bulgarian71 as also its ,english synonym1 was originally a name given to a sect of heretics who came from ,bulgaria in the eleventh century1 and was afterwards applied to other heretics1 but at the same time it became the regular expression for a person guilty of unnatural intercourse4#bbf ,in medival laws sodomy was also repeatedly mentioned together with heresy1 and the punishment was the same for both4#bbg ,it thus remained a religious offence of the first order4 ,it was not only a vitium nefandum et super omnia detestandum1#bbh but it was one of the four clamantia peccata1 or crying sins1#bbi a crime de ,majestie1 vers le ,roy celestre4#bcj ,very naturally1 therefore1 it has come to be regarded with somewhat greater leniency by law and public opinion in proportion as they have emancipated themselves from theological doctrines4 ,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 it1 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 will4 ,footnote #bbb3 ,romans1 i4 #be sqq4 ,footnote #bbc3 ,littr1 ,dictionnaire de la langue franaise1 i4 #chf1 ',bougre4' ,haynes1 ,religious ,persecution1 p4 #ed4 ,footnote #bbd3 ,littr1 op4 cit4 i4 #bjaj1 ',hrtique4' ,footnote #bbe3 ,les tablissements de ,saint ,louis1 i4 #ij1 vol4 ii4 #adg4 ,viollet1 in his ,introduction to the same work1 i4 #bed4 ,footnote #bbf3 ,littr1 op4 cit4 i4 #chf1 ',bougre4' ,murray1 ,new ,english ,dictionary1 i4 #aafj1 ',bugger4' ,lea1 ,history of the ,inquisition of the ,middle ,ages1 i4 #aae1 note4 ,footnote #bbg3 ,beaumanoir1 ,coutumes du ,beauvoisis1 xxx4 #aa1 vol4 i4 #dac3--,qui erre contre le foi1 comme en mescreance1 de le quele il ne veut venir voie de verit1 ou qui fet sodomiterie1 il doit estre ars1 et forfet tout le sien en le maniere dessus4 ,britton1 i4 #aj1 vol4 i4 #db4 ,montesquieu1 ,de l'esprit des lois1 xii4 #f 7,,oeuvres1 p4 #bhc74 ,du ,boys1 ,histoire du droit criminel de l',espagne1 pp4 #dhf1 #gba4 ,footnote #bbh3 ,clarus1 ,practica criminalis1 book v4 ,sodomia1 #a 7,opera omnia1 ii4 #aea74 ,footnote #bbi3 ,coke1 ,third ,part of the ,institutes of the ,laws of ,england1 p4 #ei4 ,footnote #bcj3 ,mirror1 quoted ibid4 p4 #eh4 ,,chapter ,,xliv ,,regard ,,for ,,the ,,lower ,,animals ,,men',s conduct towards the lower animals is frequently a subject of moral valuation4 ,totem animals must be treated with deference by those who bear their names1 and animals generally regarded as divine must be respected by all2 of this more will be said in a subsequent chapter4#a ,among various peoples the members of certain animal species must not be killed1 because they are considered to be receptacles for the souls of departed men1#b or because the species is believed to have originated through a transformation of men into animals4#c ,the ,dyaks of ,borneo have a superstitious dread of killing orang-utans1 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 taxes4#d ,the ,moors consider it wrong to kill a monkey1 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 milk2 and they would never do harm to a stork1 because1 as they say1 the stork was originally a judge1 who passed unjust sentences upon his fellow creatures and therefore became what he is4 ,they also account it a sin to kill a swallow or a pigeon1 a white spider or a bee1 because they regard them as holy4 ,other creatures1 again1 are spared by the ,moors because they #dia appear uncanny or are suspected of being evil spirits in disguise4 ,it is believed that anybody who kills a raven easily goes mad and that he who kills a toad will get fever or die2 and no ,moor would dare to hit a cat or a dog in the dark1 since it seems very doubtful what kind of being it really is4 ,superstitions of this sort are world-wide4 ,footnote #a3 ,infra1 on ,duties to ,gods4 ,footnote #b3 ,infra1 p4 #eaf sq4 ,footnote #c3 ,see ,meiners1 ,allgemeine ,geschichte der ,religionen1 i4 #bac sqq4 ,footnote #d3 ,selenka1 ,sonnige ,welten1 p4 #eg4 ,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 species4#e ,hence1 as ,sir ,j4 ,g4 ,frazer has shown1 the savage often makes it a rule to spare the lives of those animals which he has no pressing motive for killing1 at least such fierce and dangerous ones as are likely to exact a bloody revenge for the slaughter of any of their kind2 and when1 for some reason or other1 he overcomes his superstitious scruples and takes the life of the beast1 he is anxious to appease the victim and its kindred by testifying his respect for them1 or making apologies1 or trying to conceal his share in procuring the death of the animal1 or promising that its remains will be honourably treated4#f ,the ,stins of ,cambodia1 for instance1 who believe that animals have souls which wander about after death1 ask pardon when they have killed one1 lest its soul should visit and torment them2 and they also offer it sacrifices proportioned to the strength and size of the animal4#g ,when a party of ,koriaks have killed a bear or a wolf1 they skin the beast1 dress one of their family in the skin1 and dance round the skin-clad man1 saying that it was not they who killed the animal but someone else1 by preference a ,russian4#h ,the ,eskimo about ,behring ,strait maintain that the dead bodies of various animals must be treated very carefully by the hunter who obtains them1 so that their shades may not be offended and bring bad luck or even death upon him or his people4#i ,footnote #e3 ,supra1 i4 #beh4 ,footnote #f3 ,frazer1 ,golden ,bough1 ii4 #chi sqq4 ,footnote #g3 ,mouhot1 ,travels in the ,central ,parts of ,indo-,china1 i4 #beb4 ,footnote #h3 ,bastian1 ,der ,mensch in der ,geschichte1 iii4 #bf4 ,footnote #i3 ,nelson1 ',eskimo about ,bering ,strait1' in ,ann4 ,rep4 ,bur4 ,ethn4 xviii4 #dch4 #dib ,the savage1 moreover1 desires to keep on good terms with animals which1 without being feared1 are either eaten or valued for their skins4 ,hence1 when he captures one1 he shows such deference for it as may be necessary for inducing its fellows to come and be killed also4#aj ,alaskan hunters preserve the bones of sables and beavers out of reach of the dogs for a year and then bury them carefully1 lest the spirits which look after these species should consider that they are regarded with contempt and hence no more should be killed or trapped4#aa ,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 cleanly4#ab ,the ,hurons refrained from throwing fish bones into the fire1 lest the souls of the fish should go and warn the other fish not to let themselves be caught1 since1 if they were1 their own bones would also be burned4#ac ,some savages respect the bones of the animals which they eat because they believe that the bones1 if preserved1 will1 in the course of time1 be reclothed with flesh and the animal thus come to life again4#ad ,footnote #aj3 ,frazer1 op4 cit4 ii4 #djc sqq4 ,footnote #aa3 ,dall1 ,alaska1 p4 #hi4 ,footnote #ab3 ,teit1 ',thompson ,indians of ,british ,columbia1' in ,memoirs of the ,american ,museum of ,natural ,history1 ',anthropology1' i4 #cdf4 ,footnote #ac3 ,sagard1 ,le grand voyage du pays des ,hurons1 p4 #bee4 ,footnote #ad3 ,frazer1 op4 cit4 ii4 #dae sqq4 ,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 them1 there is yet a third class of animate beings which he sometimes deems it necessary to conciliate1 namely1 vermin that infest the crops4#ae ,among the ,saxons of ,transylvania1 in order to keep sparrows from the corn1 the sower begins by throwing the first handful of seed backwards over his head1 saying1 ,that is for you1 sparrows4#af ,and of the ,drvidian tribes of ,mirzapur we are told that1 when locusts threaten to eat up the fruits of the earth1 the people catch one1 decorate its head with a spot of red #dic lead1 salaam to it1 and let it go2 after which civilities the whole flight immediately departs4#ag ,footnote #ae3 ,ibid4 ii4 #dbb sqq4 ,footnote #af3 ,heinrich1 quoted ibid4 ii4 #dbc4 ,footnote #ag3 ,crooke1 ,popular ,religion and ,folk-lore of ,northern ,india1 ii4 #cjc4 ,domestic animals are frequently objects of superstitious reverence4#ah ,they are expected to reward masters who treat them well1 whereas those who harm them are believed to expose themselves to their revenge4 ,among the ,eskimo about ,behring ,strait dogs are never beaten for biting people1 lest the inua or shade of the dog should become angry and prevent the wound from healing4#ai ,butchers are often regarded as unclean1 and the original reason for this was in all probability the idea that they were haunted by the spirits of the animals they had slain4 ,among the ,guanches of the ,canary ,islands it was unlawful for anybody but professional butchers to kill cattle1 and a butcher was forbidden to enter other persons' houses1 to touch their property1 and to keep company with any one not of his own trade4#bj ,in ,morocco a butcher1 like a manslayer1 is thought to be haunted by jnn 7jinn71 and it seems that in this case also the notion of haunting jnn has replaced an earlier belief in troublesome ghosts4#ba ,so1 too1 the ancient ,troglodytes of ,east ,africa1 who derived their whole sustenance from their flocks and herds1 are said to have looked upon butchers as unclean4#bb ,in the rural districts of ,japan it is believed that a butcher will have a cripple among his descendants4#bc ,footnote #ah3 ,see ,robertson ,smith1 ,religion of the ,semites1 p4 #bif sqq4 ,footnote #ai3 ,nelson1 in ,ann4 ,rep4 ,bur4 ,ethn4 xviii4 #dce4 ,footnote #bj3 ,abreu de ,galindo1 ,history of the ,discovery and ,conquest of the ,canary ,islands1 p4 #ga sq4 ,bory de ,st4 ,vincent1 ,essais sur les ,isles ,fortunes1 p4 #ajc sq4 ,footnote #ba3 ,cf4 supra1 i4 #cgh4 ,footnote #bb3 ,robertson ,smith1 op4 cit4 p4 #bif sq4 ,footnote #bc3 ,griffis1 ,mikado's ,empire1 p4 #dgb4 ,how far ideas of this sort may account for the great disinclination of many peoples to kill their cattle1 it is impossible to say2 but they certainly do not constitute the only motive4 ,we have noticed above that pastoral tribes are unwilling to reduce their herds and agricultural peoples to kill the ploughing ox1 because this would imply #did loss of valuable property4#bd ,and apart from economic considerations1 we may assume that feelings of genuine sympathy also induce them to treat their animals with kindness4 ,the altruistic sentiment has not necessarily reference to members of the same species only2 of this we find instances even among animals in confinement and domesticated animals1 which frequently become attached to individuals of a different species with whom they live together4#be ,and the savage feels himself much more closely related to the animal world than does his civilised fellow creature2 indeed1 as we have seen1 he habitually obliterates the boundaries between man and beast and regards all animals as practically on a footing of equality with himself4#bf ,among the pastoral races of ,africa the men delight in attending their cattle1 and spend much time in ornamenting and adorning them2 the herdsman knows every beast in his herd1 calls it by its name1 and affectionately observes all its peculiarities4#bg ,of the ,bahima1 a cow tribe in ,uganda1 the ,rev4 ,j4 ,roscoe tells us that the men form warm attachments for their cattle2 some of them love the animals like children1 pet and coax them1 talk to them1 and weep over their ailments1 and should a favourite die their grief is so extreme that it sometimes leads to suicide4#bh ,the mythical founder of the kingdom of ,uganda1 ,kintu1 is said to have been so humane and averse from the sight of blood1 that even cattle killed for necessary food were slaughtered at some distance from his dwelling4#bi ,but cattle are not the only dumb creatures that excite tender feelings in the bosom of a savage4 ,the ,for tribe of ,central ,africa regard it as a characteristic of a good man to be kind to animals in general1 and consider it wicked to be otherwise4#cj ,concerning the ,eastern ,central ,africans ,mr4 #die ,macdonald writes that if they appear destitute of pity1 say1 for their fowls in their methods of carrying them1 it is because they do not reflect that it gives them pain--all would admit that it was a cruel thing to pain the fowl2 and they have fables in their language which show a desire to enter minutely into the feelings of dumb creatures1 representing1 for instance1 fowls as reasoning on their hard fate in being killed for their master's supper4#ca ,among the ,indians of the province of ,quito1 according to ,juan and ,ulloa1 the women are so fond of their fowls that they will not sell them1 much less kill them with their own hands2 so that if a stranger1 who is obliged to pass the night in one of their cottages1 offers ever so much money for a fowl1 they refuse to part with it1 and he finds himself under a necessity of killing the fowl himself4 ,at this his landlady shrieks1 dissolves in tears1 and wrings her hands1 as if it had been an only son2 till seeing the mischief past remedy she wipes her eyes1 and quietly takes what the traveller offers her4#cb ,north ,american ,indians1 again1 are very fond of their hunting dogs4 ,those on the west side of the ,rocky ,mountains appear to have the same affection for them that they have for their children2 and they will discourse with them1 as if they were rational beings4 ,they frequently call them their sons or daughters2 and when describing an ,indian1 they will speak of him as father of a particular dog which belongs to him4 ,when these dogs die1 it is not unusual to see their masters or mistresses place them on a pile of wood1 and burn them in the same manner as they do the dead bodies of their relations2 and they appear to lament their deaths1 by crying and howling1 fully as much as if they were their kindred4#cc ,so also the natives of ,australia often display much affection for their dogs2 ,mr4 ,gason has seen women crying over a dog when bitten by a snake as if it had been one of their own children1 and if a puppy has lost its mother the #dif women suckle and nurse it4#cd ,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 dogs1 and1 afterwards1 of cats and pigs introduced4 ,hence it was by no means an unusual sight to see a woman carrying her child at her back1 and a pet dog1 or pig1 in her bosom4#ce ,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 dog1 a horse1 or a reindeer4#cf ,even the miserable ,veddahs of ,ceylon are said to be indignant at the needless killing of a beast4#cg ,footnote #bd3 ,supra1 ii4 #cca4 ,footnote #be3 ,see supra1 i4 #aab4 ,footnote #bf3 ,supra1 i4 #beh4 ,footnote #bg3 ,ratzel1 ,history of ,mankind1 ii4 #dae4 ,footnote #bh3 ,roscoe1 ',bahima1' in ,jour4 ,anthr4 ,inst4 xxxvii4 #id sq4 ,footnote #bi3 ,felkin1 ',notes on the ,waganda ,tribe1' in ,proceed4 ,roy4 ,soc4 ,edinburgh1 xiii4 #gfd4 ,footnote #cj3 ,felkin1 ',notes on the ,for ,tribe1' in ,proceed4 ,roy4 ,soc4 ,edinburgh1 xiii4 #bcb sq4 ,footnote #ca3 ,macdonald1 ,africana1 i4 #aj sq4 ,footnote #cb3 ,juan and ,ulloa1 ,voyage to ,south ,america1 i4 #dbf sq4 ,footnote #cc3 ,harmon1 ,journal of ,voyages in the ,interior of ,north ,america1 p4 #cce sq4 ,footnote #cd3 ,gason1 ',dieyerie ,tribe1' in ,woods1 ,native ,tribes of ,south ,australia1 p4 #bei4 ,fraser1 ,aborigines of ,new ,south ,wales1 p4 #e4 ,williams1 ',yircla ,meening ,tribe1' in ,curr1 ,the ,australian ,race1 i4 #djb4 ,footnote #ce3 ,colenso1 ,maori ,races of ,new ,zealand1 p4 #dc4 ,footnote #cf3 ,ratzel1 op4 cit4 ii4 #bca4 ,footnote #cg3 ,sarasin1 ,ergebnisse naturwissenschaftlicher ,forschungen auf ,ceylon1 iii4 #eci4 ,on the other hand we also hear of savages who are greatly lacking in sympathy for the brute creation4 ,darwin says that humanity to the lower animals is apparently unfelt by savages1 except towards their pets4#ch ,mr4 ,atkinson charges the ,new ,caledonians with great cruelty to animals4#ci ,the ,tasmanians appeared much to enjoy the tortures of a wounded bird or beast4#dj ,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 animals4 ,they may also appear wantonly cruel because they do not realise the pain which they inflict4 ,and1 like children1 they may enjoy the agony of a suffering beast or bird because it excites their curiosity4 ,footnote #ch3 ,darwin1 ,descent of ,man1 p4 #abc4 ,footnote #ci3 ,atkinson1 ',natives of ,new ,caledonia1' in ,folk-lore1 xiv4 #bdh4 ,footnote #dj3 ,davies1 quoted by ,ling ,roth1 ,tasmanians1 p4 #ff4 ,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 concern4 ,for hand in hand with the altruistic sentiment we always find the feeling of sympathetic resentment whenever there is an occasion for its outburst4 ,moreover1 #dig acts which are1 or are believed to be1 injurious to the agent1 by exposing him to an animal's revenge or otherwise1 are prohibited because they are imprudent2 and1 as we have often noticed1 such prohibitions are apt to assume a moral character4 ,finally1 if a certain mode of conduct is considered to be productive of public harm1 as is the case with any act or omission which reduces1 or is supposed to reduce1 the supply of food or animal clothing1 it is naturally looked upon as a wrong against the community4 ,similar facts have1 among peoples of a higher culture1 led to moral rules inculcating regard for animals--rules which have often assumed a definite shape in their laws or religious books4 ,according to ,brahmanism tenderness towards all creatures is a duty incumbent upon the four castes4 ,it is said that he who injures innoxious beings from a wish to give himself pleasure1 never finds happiness1 neither living nor dead4#da ,if a blow is struck against animals in order to give them pain1 the judge shall inflict a fine in proportion to the amount of pain caused1 just as if the blow had been struck against a man4#db ,the killing of various creatures1 including fish and snakes1 reduces the offender to a mixed caste2#dc and1 according to ',vishnu ,purana1' fishermen go after death to the same hell as awaits prisoners1 incendiaries1 and treacherous friends4#dd ,to kill a cow is a great crime2#de whereas he who unhesitatingly abandons life for the sake of a cow is freed even from the guilt of the murder of a ,brhmana1 and so is he who saves the life of a cow4#df ,among many of the ,hindus the slaughter of a cow excites more horror than the killing of a man1 and is punished with great severity1 even with death4#dg ,footnote #da3 ,laws of ,manu1 v4 #de4 ,footnote #db3 ,ibid4 viii4 #bhf4 ,footnote #dc3 ,ibid4 xi4 #fi4 ,footnote #dd3 ,vish'nu ,pur'na1 p4 #bjh sq4 ,footnote #de3 ,institutes of ,vishnu1 l4 #af sqq4 ,gautama1 xxii4 #ah4 pastamba1 i4 #bf4 #a4 ,laws of ,manu1 xi4 #aji sqq4 ,footnote #df3 ,laws of ,manu1 xi4 #hj4 ,footnote #dg3 ,barth1 ,religions of ,india1 p4 #bfd4 ,kipling1 ,beast and ,man in ,india1 p4 #aah sq4 ,crooke1 ,things ,indian1 p4 #ia4 ,in ,buddhism1 ,jainism1 and ,taouism the respect for animal life is extreme4 ,a disciple of ,buddha may not #dih knowingly deprive any creature of life1 not even a worm or an ant4 ,he may not drink water in which animal life of any kind whatever is contained1 and must not even pour it out on grass or clay4#dh ,and the doctrine which forbids the killing of animate beings is not only professed1 but in a large measure followed1 by the great majority of people in ,buddhistic countries4 ,in ,siam the tameness of many living creatures which in ,europe fly from the presence of man is very striking4 ,instances have been known in which natives have quitted the service of ,europeans on account of their unwillingness to destroy reptiles and vermin1 and it is a not uncommon practice for rich ,siamese to buy live fish to have the merit of restoring them to the sea4#di ,in ,burma1 though fish is one of the staple foods of the people1 the fisherman is despised2 not so much1 perhaps1 as if he killed other living things1 but he is still an outcast from decent society1 and will have to suffer great and terrible punishment before he can be cleansed from the sins that he daily commits4#ej ,the ,buddhists of ,ceylon are more forbearing3 they excuse the fisherman by saying that he does not kill the fish1 but only removes it from the water4#ea ,in ,tibet all dumb creatures are treated with humanity1 and the taking of animal life is rather strictly prohibited1 except in the case of yaks and sheep needed for food4 ,owing to the coldness of the climate1 flesh forms an essential staple of diet2 but the butchers are regarded as professional sinners and are therefore the most despised of all classes in ,tibet4 ,wild animals and even small birds and fish are seldom or never killed1 on account of the religious penalties attached to this crime4#eb ,footnote #dh3 ,oldenberg1 ,buddha1 pp4 #bij 9999n4 991 #cea4 ,footnote #di3 ,bowring1 ,siam1 i4 #ajg4 ,footnote #ej3 ,fielding ,hall1 ,the ,soul of a ,people1 p4 #bcj4 ,footnote #ea3 ,schmidt1 ,ceylon1 p4 #caf sq4 ,footnote #eb3 ,waddell1 ,buddhism of ,tibet1 p4 #efg sq4 ,the ,jain is stricter still in his regard for animal life4 ,he sweeps the ground before him as he goes1 lest animate things be destroyed2 he walks veiled1 lest he inhale a living organism2 he considers that the evening and night are #dii not times for eating1 since one might then swallow a live thing by mistake2 and he rejects not only meat but even honey1 together with various fruits that are supposed to contain worms1 not because of his distaste for worms but because of his regard for life4#ec ,some towns in ,western ,india in which ,jains are found have their beast hospitals1 where animals are kept and fed4 ,at ,surat there was quite recently an establishment of this sort with a house where a host of noxious and offensive vermin1 dense as the sands on the sea-shore1 were bred and nurtured2 and at ,anjr1 in ,kutch1 about five thousand rats were kept in a certain temple and daily fed with flour1 which was procured by a tax on the inhabitants of the town4#ed ,footnote #ec3 ,hopkins1 ,religions of ,india1 p4 #bhh4 ,barth1 op4 cit4 p4 #ade4 ,kipling1 op4 cit4 p4 #aj sq4 ,footnote #ed3 ,burnes1 ',notice of a remarkable ,hospital for ,animals at ,surat1' in ,jour4 ,roy4 ,asiatic ,soc4 i4 #if sq4 ,according to ',thi-,shang1' one of the books of ,taouism1 a good man will feel kindly towards all creatures1 and refrain from hurting even the insect tribes1 grass1 and trees2 and he is a bad man who shoots birds and hunts beasts1 unearths the burrowing insects and frightens roosting birds1 blocks up the dens of animals and overturns nests1 hurts the pregnant womb and breaks eggs4#ee ,in the book called ',merits and ,errors ,scrutinised1' which enjoys great popularity in ,china1 it is said to be meritorious to save animals from death--even insects if the number amounts to a hundred1--to relieve a brute that is greatly wearied with work1 to purchase and set at liberty animals intended to be slaughtered4 ,on the other hand1 to confine birds in a cage1 to kill ten insects1 to be unsparing of the strength of tired animals1 to disturb insects in their holes1 to destroy the nests of birds1 without great reason to kill and dress animals for food1 are all errors of various degrees4 ,and to be the foremost to encourage the slaughter of animals1 or to hinder persons from setting them at liberty1 is regarded as an error of the same magnitude as the crime of devising a person's death or of drowning or murdering a child4#ef ,kindness #ejj to animals is conspicuous in the writings of ,confucius and ,mencius2#eg the ,master angled but did not use a net1 he shot but not at birds perching4#eh ,throughout ,japan1 according to ,sir ,edward ,reed1 the life of animals has always been held more or less sacred4 4 4 41 neither ,shintoism nor ,buddhism requiring or justifying the taking of the life of any creature for sacrifice4#ei ,footnote #ee3 ,thi-,shang1 #c sq4 ,footnote #ef3 ,indo-,chinese ,gleaner1 iii4 #afd1 #bje sq4 ,footnote #eg3 ,mencius1 i4 #a4 #g4 ,footnote #eh3 ,lun ,y1 vii4 #bf4 ,footnote #ei3 ,reed1 ,japan1 i4 #fa4 ,the regard for the lower animals which is shown by these ,eastern religions and their adherents is to some extent due to superstitious ideas1 similar to those which we found prevalent among many savages4 ,dr4 de ,groot observes that in ,china the virtues of benevolence and humanity are extended to animals because these1 also1 have souls which may work vengeance or bring reward4#fj ,the conduct of ,orientals towards the brute creation has further been explained by their belief in the transmigration of souls4 ,but it seems that the connection between their theory of metempsychosis and their rules relating to the treatment of animals is not exclusively1 nor even chiefly1 one of cause and effect1 but rather one of a common origin4 ,this theory itself may in some measure be regarded as a result of that intimacy which prevails in the ,east between animals and men4 ,buddhism recognises no fundamental distinction between them1 only an accidental or phenomenal difference2#fa and the step is not long from this attitude to the doctrine of metempsychosis4 ,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 doctrine2#fb and they laugh at the suggestion made by ,europeans that ,buddhists abstain from taking life because they believe in the transmigration of souls1 having never heard of it before4 ,their motive1 says ,mr4 ,fielding ,hall1 is compassion and noblesse oblige4#fc ,but by its punishments #eja and rewards1 religion has greatly increased the natural regard for animal life and welfare1 and introduced a new motive for conduct which originally sprang in the main from kindly feeling4 ,footnote #fj3 de ,groot1 ,religious ,system of ,china1 7vol4 iv4 book7 ii4 #dej4 ,footnote #fa3 ,rhys ,davids1 ,hibbert ,lectures on ,buddhism1 p4 #bad4 ,footnote #fb3 ,forbes1 ,british ,burma1 p4 #cba4 ,footnote #fc3 ,fielding ,hall1 op4 cit4 p4 #bcg sq4 ,in ,zoroastrianism we meet with a different attitude towards the lower animal world4 ,a fundamental distinction is made between the animals of ,ormuzd and those of ,ahriman4 ,to kill one of the former is a heinous sin1 to kill one of the latter is a pious deed4#fd ,sacred above all other animals is the dog4 ,the ill-feeding and maltreatment of dogs are prosecuted as criminal1 and extreme penalties are inflicted on those who venture to kill them4#fe ,nay1 if there be in the house of a worshipper of ,mazda a mad dog who has no scent1 the worshippers of ,mazda shall attend him to heal him1 in the same manner as they would do for one of the faithful4#ff ,in the eyes of the ,parsis1 animals are enlisted under the standards of either ,ormuzd or ,ahriman according as they are useful or hurtful to man2 but ,m4 ,darmesteter is of opinion that they originally belonged to the one or the other not on account of any such qualities1 but according as they chanced to have lent their forms to either the god or the fiend in the storm tales4 ,it was not animal psychology1 he says1 that disguised gods and fiends as dogs1 otters1 hedge-hogs1 and cocks1 or as snakes1 tortoises1 frogs1 and ants1 but the accidents of physical qualities and the caprice of popular fancy1 as both the god and the fiend might be compared with1 and transformed into1 any object1 the idea of which was suggested by the uproar of the storm1 the blazing of the lightning1 the streaming of the water1 or the hue and shape of the clouds4#fg ,this hypothesis1 however1 seems to attach undue importance to mythical fancies1 and it presupposes an almost unbounded and capricious allegorism1 for which there is apparently little foundation #ejb in facts4 ,the suggestion that the animals are referred to either the one or the other category according as they are useful or obnoxious to man1 is at all events borne out by a few salient features1 although in many details the matter remains obscure4 ,footnote #fd3 ,darmesteter1 ,ormazd et ,ahriman1 p4 #bhc4 ,footnote #fe3 ,venddd1 xiii4 sq4 ,geiger1 ,civilization of the ,eastern ,iranians1 ii4 #cf4 ,footnote #ff3 ,venddd1 xiii4 #ce4 ,footnote #fg3 ,darmesteter1 in ,sacred ,books of the ,east1 iv4 7#ast edit47 p4 lxxii4 sq4 ,see also ,idem1 ,ormazd et ,ahriman1 p4 #bhc sqq4 ,it appears that among the ,zoroastrians1 also1 the respect for the life of animals is partly due to superstitious ideas about their souls and fear of their revenge4 ,according to the ',yasts1' the souls of the wild beasts and of the tame are objects of worship2#fh and in one of the ,pahlavi texts it is said that people should abstain from unlawfully slaughtering any species of animals1 since otherwise1 in punishment for such an act1 each hair of the animal killed becomes like a sharp dagger1 and he who is unlawfully a slaughterer is slain4#fi ,but here again we may assume the co-operating influence of the feeling of sympathy4 ,various passages in the ,zoroastrian ',gathas' which enjoin kindness to domestic animals#gj suggest as their motives not only considerations of utility but genuine tenderness4 ,in a later age ,firdausi sang1 ,ah6 spare yon emmet rich in hoarded grain3 ,he lives with pleasure1 and he dies with pain4#ga ,and of the modern ,persian ,dr4 ,polak says that1 naturally not cruel1 he treats animals with more consideration than men4#gb ,his present religion1 too1 enjoins kindness to animals as a duty4 ,footnote #fh3 ,yasts1 xiii4 #aed4 ,footnote #fi3 ,shyast ,l-,shyast1 x4 #h4 ,footnote #gj3 ,darmesteter1 in ,le ,zend-,avesta1 i4 p4 cvi4 ,footnote #ga3 ,firdausi1 quoted by ,jones1 ',tenth ,anniversary ,discourse1' in ,asiatick ,researches1 iv4 #ab4 ,footnote #gb3 ,polak1 ,persien1 i4 #ab4 ,according to ,muhammedanism1 beasts1 birds1 fish1 insects1 are all1 like man1 the slaves of ,god1 the tools of ,his will4 ,there is no intrinsic distinction between them and the human species1 except what accidental diversity ,god may have been pleased to make4#gc ,muhammed said to his followers3--,there is not a beast upon the earth nor a bird that flies with both its wings1 but is a nation like to you2 4 4 4 to their ,lord shall they be gathered4#gd ,muhammedan law prescribes that domestic animals shall #ejc be treated with consideration and not be overworked2#ge and in various ,muhammedan countries this law has also been habitually put into practice4 ,the ,moslems of ,india are kind to animals4#gf ,in his earlier intercourse with the people of ,egypt1 ,mr4 ,lane noticed much humanity to beasts4#gg ,montaigne said that the ,turks gave alms to brutes and had hospitals for them2#gh and ,mr4 ,bosworth ,smith is of opinion that beasts of burden and domestic animals are nowhere in ,christendom with the one exception1 perhaps1 of ,norway treated with such unvarying kindness and consideration as they are in ,turkey4 ,in the ,east1 he adds1 so far as it has not been hardened by the ,west1 there is a real sympathy between man and the domestic animals2 they understand one another4#gi ,footnote #gc3 ,cf4 ,palgrave1 ,journey through ,central and ,eastern ,arabia1 i4 #cfh4 ,footnote #gd3 ,koran1 vi4 #ch4 ,footnote #ge3 ,sachau1 ,muhammedanisches ,recht1 pp4 #ah1 #ajc4 ,footnote #gf3 ,pool1 ,studies in ,mohammedanism1 pp4 #agf1 #agg1 #bdg4 ,cf4 ,heber1 ,journey through the ,upper ,provinces of ,india1 ii4 #aca4 ,footnote #gg3 ,lane1 ,modern ,egyptians1 p4 #bic4 ,footnote #gh3 ,montaigne1 ,essais1 ii4 #aa4 ,footnote #gi3 ,bosworth ,smith1 ,mohammed and ,mohammedanism1 pp4 #ahj1 #bag4 ,so also the ancient ,greeks were on familiar terms with the animal world4 ,this appears from the frequency with which their poets illustrate human qualities by metaphors drawn from it4 ,and as men were compared with animals1 so animals were believed to possess human peculiarities4 ,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 killed4#hj ,animals were held in some measure responsible for their deeds2 they were tried for manslaughter1 sentenced1 and executed4#ha ,on the other hand1 honours were bestowed upon beasts which had rendered signal services to their masters4 ,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 tomb2#hb and a certain ,xanthippus honoured his dog by burying it on a promontory1 since then called the dog's grave1 because when the ,athenians were compelled to abandon their city it swam by the side of his galley to ,salamis4#hc ,according to ,xenocrates1 there were in existence #ejd at ,eleusis three laws which had been made by an ancient legislator1 namely3--,honour your parents2 ,sacrifice to the gods from the fruits of the earth2 ,injure not animals4#hd ,at ,athens a man was punished for flaying a living ram4#he ,the ,areopagites once condemned a boy to death because he had picked out the eyes of some quails4#hf ,as we have noticed before1 the life of the ploughing ox was sacred2#hg and young animals in particular were believed to be under the protection of the gods4#hh ,an ancient proverb says that there are ,erinyes even for dogs4#hi ,this seems to indicate that the ,greeks1 also1 were influenced by the common notion that the soul of an animal may take revenge upon him who killed it1 the ,erinys of the slain animal being originally its persecuting ghost4 ,among the ,pythagoreans1 again1 the rule that animals which are not obnoxious to the human race should be neither injured nor killed#ij was connected with their theory of metempsychosis2#ia and in some cases the prohibition of slaying useful animals may be traced to utilitarian motives4#ib ,but both in ,greece and ,rome kindness to brutes was also inculcated for their own sake1 on purely humanitarian grounds4 ,porphyry says that1 as justice pertains to rational beings and animals have been proved to be possessed of reason1 it is necessary that we should act justly towards them4#ic ,he adds that he who does not restrict harmless conduct to man alone1 but extends it to other animals1 most closely approaches to divinity2 and if it were possible to extend it to plants1 he would preserve this image in a still greater degree4#id ,according to ,plutarch kindness and beneficence to creatures of every species flow from the breast of a well-natured man as #eje streams that issue from the living fountain4 ,we ought to take care of our dogs and horses not only when they are young1 but when they are old and past service4#ie ,we ought not to violate or kill anything whatsoever that has life1 unless it hurt us first4#if ,and if we cannot live unblamably we should at least sin with discretion3 when we kill an animal in order to satisfy our hunger we should do so with sorrow and pity1 without abusing and tormenting it4#ig ,cicero says it is a crime to injure an animal4#ih ,and ,marcus ,aurelius enjoins man to make use of brutes with a generous and liberal spirit1 since he has reason and they have not4#ii ,footnote #hj3 ,schmidt1 ,die ,ethik der alten ,griechen1 ii4 #if sq4 ,footnote #ha3 ,supra1 i4 #bed4 ,footnote #hb3 ,plutarch1 ,cato ,major1 v4 #f4 ,footnote #hc3 ,ibid4 v4 #g4 ,footnote #hd3 ,porphyry1 ,de abstinentia ab esu animalium1 iv4 #bb4 ,footnote #he3 ,plutarch1 ,de carnium esu oratio ,i4 vii4 #b4 ,footnote #hf3 ,quintilian1 ,de institutione oratoria1 v4 #i4 #ac4 ,footnote #hg3 ,supra1 ii4 #cca4 ,footnote #hh3 ,aeschylus1 ,agamemnon1 #dh sqq4 ,xenophon1 ,cynegeticus1 v4 #ad4 ,footnote #hi3 ,schmidt1 op4 cit4 ii4 #if4 ,footnote #ij3 ,jamblichus1 ,de ,pythagorica vita1 #ba 7#ih74 ,footnote #ia3 ,diogenes ,laertius1 ,vit philosophorum1 viii4 #b4 #ab 7#gg74 ,aristotle1 ,rhetorica1 i4 #ac4 #b1 p4 #acgc b4 ,schmidt1 op4 cit4 ii4 #id4 ,footnote #ib3 ,porphyry1 op4 cit4 iv4 #bb4 ,supra1 ii4 #cca4 ,footnote #ic3 ,porphyry1 op4 cit4 iii4 #ah4 ,footnote #id3 ,ibid4 iii4 #bh4 ,footnote #ie3 ,plutarch1 ,cato ,major1 v4 #c sq4 ,footnote #if3 ,idem1 ,questiones ,roman1 #ge4 ,footnote #ig3 ,idem1 ,de carnium esu oratio ,,ii4 i4 #c4 ,footnote #ih3 ,cicero1 ,de republica1 iii4 #aa4 ,footnote #ii3 ,marcus ,aurelius1 ,commentarii1 vi4 #bc4 ,in the ,old ,testament we meet with several instances of kindly feeling towards animals4#ajj ,god watches over and controls the sustenance of their life4 ,he sends springs into the valleys which will give drink to every beast of the field4 ,he gives nests to the birds of the heaven1 which sing among the branches4 ,he causes grass to grow for the cattle2 and the young lions1 roaring after their prey1 seek their food from ,god4#aja ,whilst the ,jews1 as ,professor ,toy observes1 found it hard to conceive of the ,god of ,israel as thinking kindly of its enemies1 they had no such feeling of hostility towards beasts and birds4#ajb ,but at the same time man is the centre of the creation1 a being set apart from all other sentient creatures as ,god's special favourite1 for whose sake everything else was brought into existence4 ,the sun1 the moon1 and the stars were placed in the firmament of the heaven to give light upon the estate of man4#ajc ,for his sustenance the fruits of the earth were made to grow1 and to him was given dominion over the fish of the sea1 #ejf and over the fowl of the air1 and over every living thing that moves upon the earth4#ajd ,and when the earth is to be replenished after the deluge1 the same privileges are again granted to him4 ,the fear of man and the dread of man shall be upon all living creatures1 into his hand are they all delivered1 they shall all be meat for him4#aje ,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 them4 ,they are to be regarded by him simply as food4#ajf ,footnote #ajj3 ,see ,bertholet1 ,die ,stellung der ,israeliten zu den ,fremden1 p4 #ad4 ,various passages1 however1 which are often quoted as instances of tenderness towards animals allow of another and more natural interpretation4 ,this is especially the case with the ,sabbatarian injunctions referring to domestic animals4 ,footnote #aja3 ,psalms1 civ4 #aj-ab1 #ad1 #ag1 #ba4 ,footnote #ajb3 ,toy1 ,judaism and ,christianity1 p4 #ha4 ,footnote #ajc3 ,genesis1 i4 #af sq4 ,footnote #ajd3 ,genesis1 i4 #bh4 ,footnote #aje3 ,ibid4 ix4 #b sq4 ,footnote #ajf3 ,cf4 ,evans1 ',ethical ,relations between ,man and ,beast1' in ,popular ,science ,monthly1 xlv4 #fcg sq4 ,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 animals4 ,in ,christianity1 on the other hand1 it was further strengthened by the exclusive importance which was attached to the spiritual salvation of man4 ,he was now more than ever separated from the rest of sentient beings4 ,even his own animal nature was regarded with contempt1 the immortality of his soul being the only object of religious interest4 ,it would seem1 says ,dr4 ,arnold1 as if the primitive ,christian1 by laying so much stress upon a future life in contradistinction to this life1 and placing the lower creatures out of the pale of hope1 placed them at the same time out of the pale of sympathy1 and thus laid the foundation for this utter disregard of animals in the light of our fellow-creatures4#ajg ,st4 ,paul asks with scorn1 ,doth ,god take care for oxen8#ajh ,no creed in ,christendom teaches kindness to animals as a dogma of religion4#aji ,in the ,middle ,ages various councils of the ,church declared hunting unlawful for the clergy2#aaj but the obvious reason for this prohibition was its horror of bloodshed1#aaa not any consideration #ejg for the animals4 ,mr4 ,mauleverer in ,sir ,arthur ,helps' ',talk about ,animals and their ,masters1' says1 ,upon a moderate calculation1 ,i think ,i have heard1 in my time1 #acbj sermons2 and ,i do not recollect that in any one of them ,i ever heard the slightest allusion made to the conduct of men towards animals4#aab ,nor is there any such allusion in most treatises on ,ethics which base their teachings upon distinctly ,christian tenets4 ,the kindest words1 ,i think1 which from a ,christian point of view have been said about animals have generally come from ,protestant sectarians1 ,quakers and ,methodists1#aac whereas ,roman ,catholic writers--with a few exceptions#aad--when they deal with the subject at all1 chiefly take pains to show that animals are entirely destitute of rights4 ,brute beasts1 says ,father ,rickaby1 cannot have any rights for the reason that they have no understanding and therefore are not persons4 ,we have no duties of any kind to them1 as neither to stocks and stones2 we only have duties about them4 ,we must not harm them when they are our neighbour's property1 we must not vex and annoy them for sport1 because it disposes him who does so to inhumanity towards his own species4 ,but there is no shadow of evil resting on the practice of causing pain to brutes in sport1 where the pain is not the sport itself1 but an incidental concomitant of it4 ,much more in all that conduces to the sustenance of man may we give pain to animals1 and we are not bound to any anxious care to make this pain as little as may be4 ,brutes are as things in our regard3 so far as they are useful to us1 they exist for us1 not for themselves2 and we do right in using them unsparingly for our need and convenience1 though not for our wantonness4#aae ,according to another #ejh modern ,catholic writer the infliction of suffering upon an animal is not only justifiable1 but a duty1 when it confers a certain1 a solid good1 however small1 on the spiritual nature of man4#aaf ,pope ,pius ,,ix4 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 animal4#aag ,footnote #ajg3 ,arnold1 quoted by ,evans1 in ,popular ,science ,monthly1 xlv4 #fci4 ,footnote #ajh3 #a ,corinthians1 ix4 #i4 ,footnote #aji3 ,the ,manichans prohibited all killing of animals 7,baur1 ,das ,manichische ,religionssystem1 p4 #beb sqq472 but ,manichism did not originate on ,christian ground 7,harnack1 ',manichism1' in ,encyclopdia ,britannica1 xv4 #dhe2 supra1 ii4 #cab74 ,footnote #aaj3 ,le ,grand d',aussy1 ,histoire de la vie prive des ,franois1 i4 #cid sq4 ,footnote #aaa3 ,supra1 i4 #cha sq4 ,footnote #aab3 ,helps1 ,some ,talk about ,animals and their ,masters1 p4 #bj4 ,cf4 ,mrs4 ,jameson1 ,common-,place ,book of ,thoughts1 p4 #bab4 ,footnote #aac3 ,see ,gurney1 ,views and ,practices of the ,society of ,friends1 p4 #cib sq4 n4 #h2 ,richmond1 ',sermon on the ,sin of ,cruelty to the ,brute ,creation1' in ,methodist ,magazine 7,london71 xxx4 #dij sqq42 ,chalmers1 ',cruelty to ,animals1' in ,methodist ,magazine 7,new ,york71 ix4 #bei sqq4 ,footnote #aad3 ,see de la ,roche-,fontenelles1 ,l'glise et la piti envers animaux1 passim4 ,footnote #aae3 ,rickaby1 ,moral ,philosophy1 p4 #bdh sqq4 ,see also ,addis and ,arnold1 ,catholic ,dictionary1 p4 #cc2 ,clarke1 ',cruelty to ,animals1' in ,the ,month and ,catholic ,review1 xxv4 #dja sqq42 ,hedley1 ',dr4 ,mivart on ,faith and ,science1' in ,dublin ,review1 ser4 iii4 vol4 xviii4 #dah4 ,footnote #aaf3 ,clarke1 in ,the ,month and ,catholic ,review1 xxv4 #djf4 ,footnote #aag3 ,cobbe1 ,modern ,rack1 p4 #f4 ,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 man4 ,this view has been shared by ,kant#aah and by many later philosophers4#aai ,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 mind1#abj or that it wounds the sensibilities of other people4#aba ,in ',parliamentary ,history and ,review' for #ahbe-ahbf it is stated that no reason can be assigned for the interference of the legislator in the protection of animals unless their protection be connected1 either directly or remotely1 with some advantage to man4#abb ,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 sports1 that they led the lower orders to gambling1 that they educated them for thieves1 that they gradually trained them up to bloodshed and murder4#abc ,the criminal code of the ,german ,empire1 again1 imposes a fine upon any person who spitefully tortures or cruelly ill-treats beasts1 #eji either publicly or in a manner to create scandal#abd--;in other words1 he is punished1 not because he puts the animal to pain1 but because his conduct is offensive to his fellow men4 ,footnote #aah3 ,kant1 ,metaphysische ,anfangungsgrnde der ,tugendlehre1 #af sq41 pp4 #ajf1 #ajh4 ,footnote #aai3 ,e4g41 ,alexander1 ,moral ,order and ,progress1 p4 #bha2 ,ritchie1 ,natural ,rights1 p4 #aaj sq4 ,footnote #abj3 ,hommel1 quoted by von ,hippel1 ,die ,thielqulerei in der ,strafgesetzgebung1 p4 #aaj4 ,tissot1 ,le droit pnal1 i4 #ag4 ,lasson1 ,system der ,rechtsphilosophie1 p4 #edh sq4 ,footnote #aba3 ,lasson1 op4 cit4 p4 #edh4 von ,hippel1 op4 cit4 p4 #abe4 ,footnote #abb3 ,parliamentary ,history and ,review1 #ahbe-f1 p4 #gfa4 ,footnote #abc3 ,ibid4 p4 #edf4 ,footnote #abd3 ,strafgesetzbuch1 #cfj 7#ac74 ,indifference to animal suffering has been a characteristic of public opinion in ,european countries up to quite modern times4 ,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 subject4#abe ,till the end of the eighteenth century and even later cock-fighting was a very general amusement among the ,english and ,scotch1 entering into the occupations of both the old and young4 ,travellers agreed with coachmen that they were to wait a night if there was a cock-fight in any town through which they passed4 ,schools had their cock-fights2 on ,shrove ,tuesday every youth took to the village schoolroom a cock reared for his special use1 and the schoolmaster presided at the conflict4#abf ,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 ,st4 ,peter's crime2#abg 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 it4#abh ,other pastimes indulged in were dog-fighting1 bull-baiting and badger-baiting2 and in the middle of the eighteenth century the bear-garden was described by ,lord ,kames as one of the chief entertainments of the ,english1 though it was held in abhorrence by the ,french and other polite nations1 being too savage an amusement to be relished #eaj by those of a refined taste4#abi ,as late as #ahbd ,sir ,robert 7then ,mr47 ,peel argued strongly against the legal prohibition of bull-baiting4#acj ,footnote #abe3 ,young1 ,essay on ,humanity to ,animals1 p4 #a4 ,footnote #abf3 ,roberts1 ,social ,history of the ,people of the ,southern ,counties of ,england1 p4 #dba sqq4 ,rogers1 ,social ,life in ,scotland1 ii4 #cdj4 ,in #ahef1 when ,roberts wrote his book1 cock-penance was still paid in some ,english grammar schools to the master as a perquisite on ,shrove ,tuesday 7,roberts1 p4 #dbc74 ,footnote #abg3 ,roberts1 op4 cit4 p4 #dbb4 ,footnote #abh3 ,lawrence1 ,philosophical and ,practical ,treatise on ,horses1 ii4 #ab4 ,footnote #abi3 ,kames1 ,essays on the ,principles of ,morality1 p4 #g4 ,footnote #acj3 ,hansard1 ,parliamentary ,debates1 ,new ,series1 x4 #dia sqq4 ,about two years previously1 however1 humanity to animals had1 for the first time1 become a subject of ,english legislation by the ,act which prevented cruel and improper treatment of cattle4#aca ,this ,act was afterwards followed by others which prohibited bear-baiting1 cock-fighting1 and similar pastimes1 as also cruelty to domestic animals in general4 ,in #ahgf vivisection for medical or scientific purposes was subjected to a variety of restrictions1 and since #aijj cases of ill-treatment of wild animals in captivity may be dealt with under the ,wild ,animals in ,captivity ,protection ,act4#acb ,on the ,continent cruelty to animals was first prohibited by criminal law in ,saxony1 in #ahch1acc and subsequently in most other ,european states4 ,but in the ,south of ,europe there are still countries in which the law is entirely silent on the subject4#acd ,footnote #aca3 ,statutes of ,great ,britain and ,ireland1 lxii4 #djc sqq4 ,footnote #acb3 ,stephen1 ,new ,commentaries on the ,laws of ,england1 iv4 #bac sqq4 ,footnote #acc3 von ,hippel1 op4 cit4 p4 #a4 ,footnote #acd3 ,ibid4 p4 #ij sq4 ,whatever be the professed motives of legislators for preventing cruelty to animals1 there can be no doubt that the laws against it are chiefly due to a keener and more generally felt sympathy with their sufferings4 ,the actual feelings of men have commonly been somewhat more tender than the theories of law1 philosophy1 and religion4 ,the anthropocentric exclusiveness of ,christianity was from ancient times to some extent counterbalanced by popular sentiments and beliefs4 ,in the folk-tales of ,europe man is not placed in an isolated and unique position in the universe4 ,he lives in intimate and friendly intercourse with the animals round him1 attributes to them human qualities1 and regards them with mercy4#ace ,tender feelings towards the brute creation are also displayed in many legends of saints4#acf ,st4 ,francis of ,assisi #eaa talked with the birds and called them brother birds or little sister swallows1 and was seen employed in removing worms from the road that they might not be trampled by travellers4#acg ,john ,moschus speaks of a certain abbot who early in the morning not only used to give food to all the dogs in the monastery1 but would bring corn to the ants and to the birds on the roof4#ach ,in the ',revelations of ,st4 ,bridget' we read1 ,let a man fear1 above all1 me1 his ,god1 and so much the gentler will he become towards my creatures and animals1 on whom1 on account of me1 their ,creator1 he ought to have compassion4#aci ,many kind words about animals have come from poets and thinkers4 ,montaigne says that he has never been able to see without affliction an innocent beast1 which is without defence and from which we receive no offence1 pursued and killed4#adj ,shakespeare points out that the poor beetle that we tread upon1 in corporal sufferance finds a pang as great as when a giant dies4#ada ,mandeville thinks that if it was not for that tyranny which custom usurps over us1 no men of any tolerable good-nature could ever be reconciled to the killing of so many animals for their daily food1 as long as the bountiful earth so plentifully provides them with varieties of vegetable dainties4#adb ,towards the end of the eighteenth century ,bentham wrote3--,men must be permitted to kill animals2 but they should be forbidden to torment them4 ,artificial death may be rendered less painful than natural death by simple processes1 well worth the trouble of being studied1 and of becoming an object of police4 ,why should the law refuse its protection to any sensitive being8 ,a time will come when humanity will spread its mantle over everything that breathes4 ,the lot of slaves has begun to #eab excite pity2 we shall end by softening the lot of the animals which labour for us and supply our wants4#adc ,some years later ,thomas ,young pronounced hunting1 shooting1 and fishing for sport to be unlawful1 cruel1 and sinful4#add ,and in the course of the nineteenth century humanity to animals1 from being conspicuous in a few individuals only1 became the keynote of a movement gradually increasing in strength4 ,humanitarians1 says ,mr4 ,salt1 insist that the difference between human and non-human is one of degree only and not of kind1 and that we owe duties1 the same in kind though not in degree1 to all our sentient fellow-beings4#ade ,some people maintain that it is wrong to kill animals for food or in sport2 but the most vigorous attacks concerning the treatment of the brute creation are at present directed against the practice of vivisection4 ,the claim is made that this practice should be1 not merely restricted1 but entirely prohibited by law4 ,and while the antivivisectionists generally endeavour to deny or minimise the scientific importance of experiments on living animals1 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 brutes4 ,footnote #ace3 ,supra1 i4 #bei4 ,schwarz1 ,prhistorisch-anthropologische ,studien1 p4 #bjc4 ,footnote #acf3 ,lecky1 ,history of ,european ,morals1 ii4 #afh sqq4 ,joyce1 ,social ,history of ,ancient ,ireland1 ii4 #eag sq4 ,footnote #acg3 ,sabatier1 ,life of ,st4 ,francis of ,assisi1 p4 #agf sq4 ,digby1 ,mores ,catholici1 ii4 #bia4 ,footnote #ach3 ,moschus1 ,pratum spirituale1 #ahd 7,migne1 ,patrologi cursus1 ,ser4 ,grca1 lxxxvii4 #cjef74 ,footnote #aci3 ,st4 ,bridget1 quoted by ,helps1 op4 cit4 p4 #abd4 ,footnote #adj3 ,montaigne1 ,essais1 ii4 #aa4 ,footnote #ada3 ,shakespeare1 ,measure for ,measure1 iii4 #a4 ,footnote #adb3 ,mandeville1 ,fable of the ,bees1 p4 #ahg4 ,footnote #adc3 ,bentham1 ,theory of ,legislation1 p4 #dbh sq4 ,footnote #add3 ,young1 op4 cit4 p4 #ge sq4 ,footnote #ade3 ,salt1 ,animals' ,rights1 p4 v4 ,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 theory1 which regards man1 not as an image of the deity separated from the lower animals by a special act of creation1 but as a being generally akin to them1 and only representing a higher stage in the scale of mental evolution4 ,through this doctrine the orthodox contempt for dumb creatures was succeeded by feelings of affinity and kindly interest4 ,but apart from any theory as regards human origins1 growing reflection has also taught men to be more considerate in their treatment of animals by producing a more vivid idea of their sufferings4 ,human thoughtlessness #eac has been responsible for much needless pain to which they have been made subject4 ,in spite of some improvement it is so still2 whilst1 at the same time1 the movement advocating greater humanity to animals is itself not altogether free from inconsistencies and a certain lack of discrimination4 ,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 pain4#adf ,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 expression4 ,while the practice of whipping young pigs to death to make them tender1 which occurred in ,england not much more than a century ago1#adg would nowadays be regarded with general horror1 cruelties inflicted for gastronomic purposes upon creatures of a lower type are little thought of4 ,cray-fish1 oysters1 and fish in general1 as ,mandeville observed1 excite hardly any compassion at all1 because they express themselves unintelligibly to us2 they are mute1 and their inward formation1 as well as outward figure1 vastly different from ours4#adh ,on the other hand1 even passionate sportsmen describe the hunting of monkeys as repulsive on account of their resemblance to man2 ,rajah ,brooke thought it almost barbarous to kill an orang-utan1 unless for the sake of scientific research4#adi ,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 one4 4 4 4 ,the crime is not great when an ant is killed2 its magnitude increases in this progression--a lizard1 a guana1 a hare1 a deer1 a bull1 a horse1 and an elephant4#aej ,how little the feelings which underlie men's opinions concerning conduct #ead towards the lower animals are influenced by reflection is also apparent in the present crusade against vivisection1 when compared with the public indifference to the sufferings inflicted on wild animals in sport4 ,the vivisector who in cold blood torments his helpless victim in the interest of science and for the benefit of mankind is called a coward1 and is a much more common object of hatred than the sportsman who causes agonies to the creature he pursues for sheer amusement4 ,the pursued animal1 it is argued1 has free chances of escape4#aea ,this is an excellent argument--provided we share the ,north ,american ,indian's conviction that an animal can never be killed without its own permission4 ,footnote #adf3 ',cruelty to ,animals in ,naples1' in ,saturday ,review1 lix4 #hed4 ,footnote #adg3 ,the ,world1 #agef1 nr4 #aij1 p4 #aadb4 ,young1 op4 cit4 p4 #abi4 ,footnote #adh3 ,mandeville1 op4 cit4 p4 #ahg4 ,footnote #adi3 ,brooke1 ,ten ,years in ,sarwak1 i4 #ajj4 ,cf4 ,rengger1 ,naturgeschichte in der ,sugethiere von ,paraguay1 p4 #bf4 ,footnote #aej3 ,hardy1 ,manual of ,budhism1 pp4 #dgh1 #dhj4 ,footnote #aea3 ,cobbe1 op4 cit4 p4 #aj4 ,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 man4 ,the extreme views on this subject might1 no doubt1 be somewhat modified1 on the one hand by a more vivid representation of animal suffering1 on the other hand by the recognition of certain facts1 often overlooked1 which make it unreasonable to regard conduct towards dumb creatures in exactly the same light as conduct towards men4 ,it should especially be remembered that the former have none of those long-protracted anticipations of future misery or death which we have4#aeb ,if they are destined to serve as meat they are not aware of it2 whereas many domestic animals would never have come into existence1 and been able to enjoy what appears a very happy life1 but for the purpose of being used as food4 ,but though greater intellectual discrimination may somewhat lessen the divergencies of moral opinion on the subject1 nothing like unanimity can be expected1 for the simple reason that moral judgments are ultimately based upon emotions1 and sympathy with the animal world is a feeling which varies extremely in different individuals4 ,footnote #aeb3 ,cf4 ,bentham1 ,introduction to the ,principles of ,morals and ,legislation1 p4 #caa1 n4 ,,chapter ,,xlv ,,regard ,,for ,,the ,,dead ,,morality takes notice not only of men's conduct towards the living but of their conduct towards the dead4 ,there is a general tendency in the human mind to assume that what has existed still exists and will exist4 ,when a person dies it is difficult for those around him to conceive that he is really dead1 and when the cold motionless body bears sad testimony to the change which has taken place1 there is a natural inclination to believe that the soul has only changed its abode4 ,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 friends4 ,what else could these mean but visits of their souls8 ,there are1 it is true1 some savages who are reported to believe in the annihilation of the soul at the moment of death1 or to have no notion whatever of a future state4#a ,but the accuracy of these statements is hardly beyond suspicion4 ,we sometimes hear that the very people who are said to deny any belief in an after-life are afraid of ghosts4#b ,a native of ,madagascar will almost in the same #eaf 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 ancestors4#c ,of the ,masai in ,eastern ,africa some writers state that they believe in annihilation1#d others that they attribute a future existence to their chiefs1 medicine men1 or influential people4#e ,the ideas on this subject are often exceedingly vague1 and inconsistencies are only to be expected4 ,footnote #a3 ,powers1 ,tribes of ,california1 p4 #cdh sq4 7,miwok74 ,brinton1 ,myths of the ,new ,world1 p4 #bcc sq4 7some ,oregon ,indians74 ,lumholtz1 ,among ,cannibals1 p4 #aja 7natives of the ,herbert ,river1 ,northern ,queensland74 ,martin1 ,reisen in den ,molukken1 p4 #aee 7,alfura74 ,worcester1 ,philippine ,islands1 p4 #dab 7,mangyans74 ,colquhoun1 ,amongst the ,shans1 p4 #gf 7,lethtas74 ,dalton1 ,ethnology of ,bengal1 p4 #beg 7,orons74 ,petherick1 ,travels in ,central ,africa1 i4 #cba 7,nouaer tribes74 ,du ,chaillu1 ,explorations in ,equatorial ,africa1 p4 #che4 ,footnote #b3 ,new1 ,life in ,eastern ,africa1 p4 #aje4 ,footnote #c3 ,ellis1 ,history of ,madagascar1 #cic4 ,footnote #d3 ,thomson1 ,through ,masai ,land1 p4 #bei4 ,hinde1 ,the ,last of the ,masai1 p4 #ii4 ,footnote #e3 ,johnston1 ,uganda1 ii4 #hcb4 ,hollis1 ,masai1 pp4 #cjd1 #cje1 #cjg4 ,eliot1 ibid4 p4 xx4 ,the disembodied soul is commonly supposed to have the shape of a small unsubstantial human image1 and to be in its nature a sort of vapour1 film1 or shadow4#f ,it is believed to have the same bodily wants and to possess the same mental capacities as its owner possessed during his lifetime4 ,it is not regarded as invulnerable or immortal--it may be hurt and killed4 ,it feels hunger and thirst1 heat and cold4 ,it can see and hear and think1 it has human passions and a human will1 and it has the power to influence the living for evil or for good4 ,these notions as regards the disembodied soul determine the relations between the living and the dead4 ,footnote #f3 ,tylor1 ,primitive ,culture1 i4 #dbi4 ,the dead are supposed to have rights very similar to those they had whilst alive4 ,the soul must not be killed or injured4 ,the ,south ,australian ,dieyerie1 for instance1 show great reverence for certain trees1 which are believed to be their fathers transformed2 they will not cut them down and protest against the settlers doing so4#g ,so also some of the ,philippine ,islanders maintain that the souls of their forefathers are in trees1 which they therefore spare4#h ,the ,north ,american ,powhatans refrained from doing harm to some small wood-birds1 which were supposed to receive the souls of their chiefs4#i ,in ,lifu1 #eag when a father was about to die1 surrounded by members of his family1 he might say what animal he would be1 for instance a butterfly or some kind of bird1 and that creature would be sacred to his family1 who would neither injure nor kill it4#aj ,the ,rejangs of ,sumatra imagine that tigers in general contain the spirits of departed men1 and no consideration will prevail on a countryman to catch or to wound one1 but in self-defence1 or immediately after the act of destroying a friend or relation4#aa ,among other peoples monkeys1 crocodiles1 or snakes1 being thought men in metempsychosis1 are held sacred and must not be hurt4#ab ,some ,congo ,negroes1 again1 abstain for a whole year after a death from sweeping the house1 lest the dust should injure the delicate substance of the ghost4#ac ,in ,china1 for seven days after a man's death his widow and children avoid the use of knives and needles1 and even of chopsticks1 eating their food with their fingers1 so as not to wound the ghost4#ad ,and to this day it remains a ,german peasants' belief that it is wrong to slam a door1 lest one should pinch a soul in it4#ae ,footnote #g3 ,gason1 ',dieyerie ,tribe1' in ,woods' ,native ,tribes of ,south ,australia1 p4 #bhj4 ,footnote #h3 ,blumentritt1 ',der ,ahnencultus der ,malaien des ,philippinen-,archipels1' in ,mittheil4 d4 kais4 u4 kn4 ,geograph4 ,gesellsch4 in ,wien1 xxv4 #afd sqq4 ,footnote #i3 ,brinton1 ,myths of the ,new ,world1 p4 #ajb4 ,footnote #aj3 ,codrington1 quoted by ,tylor1 ',remarks on ,totemism1' in ,jour4 ,anthr4 ,inst4 xxviii4 #adg4 ,footnote #aa3 ,marsden1 ,history of ,sumatra1 p4 #bib4 ,the same belief prevails among the natives of the ,malay ,peninsula 7,newbold1 ,british ,settlements in the ,straits of ,malacca1 ii4 #aib74 ,footnote #ab3 ,meiners1 ,geschichte der ,religionen1 i4 #bab4 ,tylor1 ,primitive ,culture1 ii4 #h4 ,footnote #ac3 ,bastian1 ,der ,mensch in der ,geschichte1 ii4 #cbc4 ,footnote #ad3 ,gray1 ,china1 i4 #bhh4 ,footnote #ae3 ,wuttke1 ,der deutsche ,volksaberglaube der ,gegenwart1 #fji1 p4 #cif sq4 ,but the survivors must not only avoid doing anything which might hurt the soul1 they must also positively contribute to its comfort and subsistence4 ,they often provide it with a dwelling1 either burying the deceased in his own house1 or erecting a tent or hut on his grave4 ,some ,australian natives kindle a fire at a few yards' distance from the tomb1 and repeat this until the soul is supposed to have gone somewhere else2#af others1 again1 are in the habit of wrapping the body up in a rug1 professedly for the purpose of keeping it warm4#ag ,in the ,saxon district of ,voigtland people have been known to #eah put into the coffin an umbrella and a pair of galoshes4#ah ,an extremely prevalent custom is to place provisions in or upon the grave1 and very commonly feasts are given for the dead4#ai ,weapons1 implements1 and other movables are deposited in the tomb2 domestic animals are buried or slaughtered at the funeral2#bj and1 as we have seen before1 even human beings are sacrificed to the dead to serve them as companions or attendants1 or to vivify their spirits with their blood1 or to gratify their craving for revenge4#ba ,footnote #af3 ,roth1 ,north-,west-,central ,queensland ,aborigines1 p4 #afe4 ,footnote #ag3 ,fraser1 ,aborigines of ,new ,south ,wales1 p4 #gi sq4 ,footnote #ah3 ,kohler1 ,volksbrauch im ,voigtlande1 p4 #dda4 ,footnote #ai3 ,see ,tylor4 op4 cit4 ch4 xi4 sq42 ,spencer1 ,principles of ,sociology1 i4 #aee sqq41 #beg sqq42 ,frazer1 ,adonis ,attis ,osiris1 p4 #bdb sqq4 ,footnote #bj3 ,see ,spencer1 op4 cit4 i4 #ahd sqq4 ,footnote #ba3 ,supra1 i4 #dgb sqq4 ,the offerings made to the dead may be gifts presented to them by the survivors1 but the regular funeral sacrifice consists of the deceased person's own individual property4 ,among savages the whole1 or a large part1 of it is often consigned to the grave or destroyed4#bb ,the right of ownership does not cease with death where the belief prevails that the dead stand in need of earthly chattels4 ,the recognition of this right is also apparent in the severe condemnation of robbery or violation committed at a tomb4 ,among various ,north ,american tribes such an act was regarded as an offence of the first magnitude and provoked cruel revenge4#bc ,of the ,chippewa ,indians it is said that however bad a person may be or however much inclined to steal1 the things left at a grave1 valuable or not1 are never touched1 being sacred to the spirit of the #eai dead4#bd ,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 commit1 and is visited with the direst revenge of a surviving tribe4#be ,the laws of ,athens#bf and ,rome#bg and the ancient ,teutonic law-books#bh punished with great severity the plunder of a corpse or a tomb4 ,in ,rome the punishment was death if the offence was committed by force1 otherwise condemnation to the mines4 ,footnote #bb3 ,boas1 ',central ,eskimo1' in ,ann4 ,rep4 ,bur4 ,ethn4 vi4 #ehj4 ,murdoch1 ',ethn4 ,results of the ,point ,barrow ,expedition1' ibid4 ix4 #dbd sq4 7,point ,barrow ,eskimo74 ,powell1 ibid4 iii4 p4 lvii4 7,north ,american ,indians74 ,yarrow1 ',mortuary ,customs of the ,north ,american ,indians1' ibid4 i4 #ih 7,pimas71 #ajj 7,comanches74 ,mc,gee1 ',siouan ,indians1' ibid4 xv4 #agh4 ,roth1 op4 cit4 p4 #afd 7certain ,queensland tribes74 ,colenso1 ,maori ,races of ,new ,zealand1 p4 #eg4 ,kolff1 ,voyages of the ,dourga1 p4 #aff sq4 7,arru ,islanders74 ,kloss1 ,in the ,andamans and ,nicobars1 p4 #cjd 7,kar ,nicobarese74 ,batchelor1 ,ainu and their ,folk-,lore1 p4 #efj sq4 ,georgi1 ,russia1 iv4 #aeb 7,burats74 ,cailli1 ,travels through ,central ,africa1 i4 #afd 7,bagos74 ,burrows1 ,land of the ,pigmies1 p4 #ajg 7,monbuttu74 ,decle1 ,three ,years in ,savage ,africa1 p4 #gi 7,barotse74 ,strabo1 xi4 #d4 #h 7,albanians of the ,eastern ,caucasus74 ,see also ,spencer1 ,principles of ,sociology1 i4 #ahe sq42 ,post1 ,entwicklungsgeschichte des ,familienrechts1 p4 #bie sq42 ,idem1 ,grundriss der ethnologischen ,jurisprudenz1 ii4 #agc sq42 infra1 p4 #ead sq4 ,footnote #bc3 ,sagard1 ,voyage du ,pays des ,hurons1 p4 #bhh4 ,gibbs1 ',tribes of ,western ,washington and ,north-western ,oregon1' in ,contributions to ,north ,american ,ethnology1 i4 #bjd4 ,footnote #bd3 ,reid1 ',religious ,belief of the ,ojibois1' in ,jour4 ,anthr4 ,inst4 iii4 #aab4 ,footnote #be3 ,polack1 ,manners and ,customs of the ,new ,zealanders1 i4 #aaa sq4 ,footnote #bf3 ,cicero1 ,de legibus1 ii4 #bf4 ,see also ,schmidt1 ,die ,ethik der alten ,griechen1 ii4 #aje sq4 ,footnote #bg3 ,digesta1 xlvii4 #ab1 ',de sepulchro violato4' ,footnote #bh3 ,wilda1 ,das ,strafrecht der ,germanen1 p4 #ige sqq4 ,like living men the dead are sensitive to insults and fond of praise2 hence respect must be shown for their honour and self-regarding pride4 ,de mortuis nil nisi bonum2 ,greek3 ou7 gar e7sthla katthanousi kertomein e7p' a7ndra_/sin4#bi ,in ,greece custom required that at the funeral meal the virtues of the deceased should be enumerated and extolled1#cj and calumny against a dead person was punished by law4#ca ,the same was the case in ancient ,egypt4#cb ,in ,greenland1 after the interment1 the nearest male relative of the dead commemorated in a loud plaintive voice all the excellent qualities of the departed4#cc ,among the ,iroquois the near relatives and friends approached the body in turn and addressed it in a laudatory speech4#cd ,footnote #bi3 ,archilochus1 ,reliqui1 #dj4 ,footnote #cj3 ,schmidt1 ,die ,ethik der alten ,griechen1 ii4 #abb sq4 ,footnote #ca3 ,rohde1 ,psyche1 p4 #bbd4 ,footnote #cb3 ,diodorus ,siculus1 i4 #ib4 #e4 ,erman1 ,life in ,ancient ,egypt1 p4 #cbb4 ,footnote #cc3 ,cranz1 ,history of ,greenland1 i4 #bah4 ,footnote #cd3 ,morgan1 ,league of the ,iroquois1 p4 #age1 n4 #b4 ,the dead also demand obedience and are anxious that the rules they laid down while alive should be followed by the survivors4 ,hence the sacredness which is attached to a will2#ce hence also1 in a large measure1 the rigidity of ancestral custom4 ,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 #ebj traditional usage4#cf ,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 them4#cg ,the ,e7we-speaking peoples of the ,slave ,coast have a proverb which runs3--,follow the customs of your father4 ,what he did not do1 avoid doing1 or you will harm yourself4#ch ,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 matters1 as any neglect in this respect would be sure to bring upon them disaster and punishment4#ci ,the ,kamchadales1 says ,steller1 consider it a sin to do anything which is contrary to the precepts of their ancestors4#dj ,the ,papuans of the ,motu district1 in ,new ,guinea1 believe that when men and women are bad--adulterers1 thieves1 quarrellers1 and the like--the spirits of the dead are angry with them4#da ,one of the most powerful sentiments in the mind of a ,chinese is his reverence for ancestral custom2 and in a large sense ,japan also is still a country governed by the voices that are hushed4#db ,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 fathers4 ,the expression mos majorum1 the custom of the elders1 was used by him as a charm against innovation4#dc ,footnote #ce3 ,ellis1 ,polynesian ,researches1 iii4 #aaf 7,tahitians74 ,shortland1 ,traditions and ,superstitions of the ,new ,zealanders1 p4 #beg4 ,sarbah1 ,fanti ,customary ,laws1 p4 #hb4 ,schmidt1 ,die ,ethik der alten ,griechen1 ii4 #abd sq4 ,footnote #cf3 ,macdonald1 ,light in ,africa1 p4 #aib4 ,footnote #cg3 ,casalis1 ,basutos1 p4 #bed4 ,footnote #ch3 ,ellis1 ,e7we-speaking ,peoples of the ,slave ,coast1 p4 #bfc4 ,footnote #ci3 ,elliott1 ,alaska and the ,seal ,islands1 p4 #agj4 ,veniaminof1 quoted by ,petroff1 ,report on the ,population1 c4 of ,alaska1 p4 #aef4 ,footnote #dj3 ,steller1 ,beschreibung von ,kamtschatka1 p4 #bgd4 ,footnote #da3 ,chalmers1 ,pioneering in ,new ,guinea1 p4 #afi4 ,footnote #db3 ,griffis1 ,religions of ,japan1 p4 #cjh4 ,hozumi1 ,ancestor-,worship and ,japanese ,law1 p4 #a1 c4 ,footnote #dc3 ,granger1 ',moral ,life of the ,early ,romans1' in ,internal4 ,jour4 of ,ethics1 vii4 #bhg4 ,idem1 ,worship of the ,romans1 pp4 #fe1 #ff1 #ach4 ,besides such duties to the dead as are similar in nature to those which men owe to their living fellow men or superiors1 there are obligations of a different character arising from the fact of death itself4 ,the funeral1 the rites connected with it1 and the mourning customs are largely regarded as duties to the dead4 #eba ,the grave is represented as a place where the deceased finds his desired rest1 and if denied proper burial he is believed not only to walk but to suffer4 ,the ,iroquois considered that unless the rites of burial were performed1 the spirits of the dead had to wander for a time upon the earth in a state of great unhappiness2 hence their extreme solicitude to recover the bodies of their slain in battle4#dd ,the ,abipones regard it as the greatest misfortune for the dead to be left to rot in the open air1 and they therefore inter even the smallest bone of a departed friend4#de ,in ,ashantee the spirits of those who for some reason or other have been deprived of the customary funeral rites are doomed1 in the imagination of the people1 to haunt the gloom of the forest1 stealing occasionally to their former abodes in rare but lingering visits1 troubling and bewitching their neglectful relatives4#df ,the ,negroes of ,accra believe that happiness in a future life depends not only upon courage1 power1 and wealth in this world1 but also upon a proper burial4#dg ,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 death1 with no gratification but to harm the living2#dh or there is said to be no future existence for them1 as their bodies will be devoured by crows and native dogs4#di ,among the ,bataks of ,sumatra nothing is considered to be a greater disgrace to a person than to be denied a grave2 for by not being held worthy of burial he is declared to be spiritually dead4#ej ,the ,samoans believed that the souls of unburied friends1 for instance such as had been drowned or had fallen in war1 haunted them everywhere1 crying out in a pitiful tone1 ,oh1 how cold6 ,oh1 how cold6#ea ,according to ,karen ideas the #ebb spirits of those who die a natural death and are decently buried go to a beautiful country and renew their earthly life1 whereas the ghosts of persons who by accident are left uninterred will wander about the earth1 occasionally showing themselves to mankind4#eb ,confucius connected the disposal of the dead immediately with the great virtue of submission and devotion to superiors4#ec ,no act is in ,china recognised more worthy a virtuous man than that of interring stray bones and covering up exposed coffins1#ed and to bury a person who is without friends is considered to be as great a merit as to save life4#ee ,it is also held highly important to provide the proper place for a grave2 the ,taouists maintain that if a coffin be interred in an improper spot1 the spirit of the dead is made unhappy1 and avenges itself by causing sickness and other calamities to the relatives who have not taken sufficient care for its repose4#ef ,the ancient ,chaldeans believed that the spirits of the unburied dead1 having neither place of repose nor means of subsistence1 wandered through the town and country1 occupied with no other thought than that of attacking and robbing the living4#eg ,in classical antiquity it was the most sacred of duties to give the body its funeral rites1#eh and the ,greeks referred the right of sepulture to the gods as its authors4#ei ,footnote #dd3 ,morgan1 ,league of the ,iroquois1 p4 #age4 ,footnote #de3 ,dobrizhoffer1 ,account of the ,abipones1 ii4 #bhd4 ,footnote #df3 ,bowdich1 ,mission to ,ashantee1 p4 #bfb sq4 ,footnote #dg3 ,monrad1 ,skildring af ,guinea-,kysten1 p4 #d4 ,footnote #dh3 ,oldfield1 ',aborigines of ,australia1' in ,trans4 ,ethn4 ,soc4 ,n4,s4 iii4 #bbh1 #bcf sq4 ,footnote #di3 ,chauncy1 in ,brough ,smyth1 ,aborigines of ,victoria1 ii4 #bhj4 ,footnote #ej3 ,buning1 in ,glimpses of the ,eastern ,archipelago1 p4 #ge4 ,footnote #ea3 ,turner1 ,nineteen ,years in ,polynesia1 p4 #bcc4 ,hood1 ,cruise in ,h4,m4,s4 ,fawn in the ,western ,pacific1 p4 #adb4 ,footnote #eb3 ,cross1 quoted by ,mac ,mahon1 ,far ,cathay1 p4 #bjb sq4 ,mason1 ',religion1 c4 among the ,karens1' in ,jour4 ,asiatic ,soc4 ,bengal1 xxxiv4 pt4 ii4 #bjc4 ,footnote #ec3 de ,groot1 ,religious ,system of ,china1 7vol4 ii4 book7 i4 #fei4 ,footnote #ed3 ,giles1 ,strange ,stories from a ,chinese ,studio1 ii4 #adg1 n4 #aa4 ,footnote #ee3 ,indo-,chinese ,gleaner1 iii4 #afa4 ,footnote #ef3 ,legge1 ,religions of ,china1 p4 #bjj4 ,footnote #eg3 ,maspero1 ,dawn of ,civilization1 p4 #fhi4 ,jeremias1 ,die babylonisch-assyrischen ,vorstellungen vom ,leben nach dem ,tode1 p4 #ed sqq4 ,halvy1 ,mlanges de critique et d'histoire relatifs aux peuples smitiques1 p4 #cfh4 ,footnote #eh3 ,see ,schmidt1 ,die ,ethik der alten ,griechen1 ii4 #ig sqq42 ,granger1 ,worship of the ,romans1 p4 #cg sqq42 ,aust1 ,die ,religion der ,rmer1 p4 #bbf sq4 ,footnote #ei3 ,sophocles1 ,antigone1 #ded sq4 ,euripides1 ,supplices1 #efc4 ,so also among peoples who practise cremation the dead themselves are considered to be benefited by being burned4 ,the ,nyars of ,malabar are of opinion that no time should be lost in setting about the funeral1 as the disposal of a corpse either by cremation or burial as soon #ebc as possible after death is conducive to the happiness of the spirit of the departed2 they say that the collection and careful disposal of the ashes of the dead gives peace to his spirit4#fj ,the ,thlinkets maintain that those whose bodies are burned will be warm and comfortable in the other world1 whereas others will have to suffer from cold4 ,burn my body6 ,burn me6 pleaded a dying ,thlinket2 ,i fear the cold4 ,why should ,i go shivering through all the ages and the distances of the next world8#fa ,the ancient ,persians1 on the other hand1 considered both cremation and burial to be sins for which there was no atonement1 and exposed their dead on the summits of mountains1 thinking it a great misfortune if neither birds nor beasts devoured their carcases4#fb ,so also the ,samoyedes and ,mongols held it to be good for the deceased if his corpse was soon devoured by beasts1#fc and the ,kamchadales regarded it as a great blessing to be eaten by a beautiful dog4#fd ,the ,east ,african ,masai1 who likewise1 as a rule1 expose their dead to the wild beasts1 say that if the corpse is eaten by the hynas the first night1 the deceased must have been a good man1 as the hynas are supposed to act by the command of ',ng ais1 or ,god4#fe ,footnote #fj3 ,fawcett1 ',nyars of ,malabar1' in the ,madras ,government ,museum's ,bulletin1 iii4 #bde1 #bea4 ,footnote #fa3 ,dall1 ,alaska1 p4 #dbc4 ,petroff1 op4 cit4 p4 #age4 ,mc,nair ,wright1 ,among the ,alaskans1 p4 #ccc4 ,footnote #fb3 ,venddd1 i4 #ac1 #ag2 vi4 #de sqq42 viii4 #aj4 ,darmesteter1 in ,sacred ,books of the ,east1 iv4 p4 lxxv4 sqq4 ,agathias1 ,histori1 ii4 #bb sq4 7,migne1 ,patrologi cursus1 ,ser4 ,graeca1 lxxxviii4 #acgg74 ,herodotus1 i4 #adj2 iii4 #af4 ,footnote #fc3 ,preuss1 ,die ,begrbnisarten der ,amerikaner und ,nordostasiaten1 p4 #bgb4 ,cf4 ,yarrow1 in ,ann4 ,rep4 ,bur4 ,ethn4 i4 #ajc 7,caddoes or ,timber ,indians74 ,footnote #fd3 ,steller1 op4 cit4 p4 #bgc4 ,footnote #fe3 ,merker1 ,die ,masai1 p4 #aic4 ,certain ceremonies are professedly performed for the purpose of preventing evil spirits from doing harm to the dead4#ff ,this is sometimes the case with cremation2 we are told that among some ,siberian peoples the dead are burned so as to be effectually removed from the machinations of spirits4#fg ,the ,teleutes believe that the #ebd spirits of the earth do much mischief to the departed2 hence their shamans drive them off at the funeral by striking the air several times with an axe4#fh ,in ,christian countries the passing-bell has likewise been supposed to repel evil spirits4#fi ,footnote #ff3 ,see ,frazer1 ',certain ,burial ,customs as illustrative of the ,primitive ,theory of the ,soul1' in ,jour4 ,anthr4 ,inst4 xv4 #hg sq42 ,hertz1 ',la reprsentation collective de la mort1' in ,l'anne sociologique1 x41 #aije-aijf1 p4 #ef sq4 ,footnote #fg3 ,georgi1 op4 cit4 iii4 #bfd4 ,footnote #fh3 ,georgi1 op4 cit4 iii4 #bfd4 ,footnote #fi3 ,frazer1 in ,jour4 ,anthr4 ,inst4 xv4 #hg4 ,fasting after a death is regarded as a dutiful tribute to the dead2 the ,chinese say that it is a means of raising the mind up to the soul1 a means to enable the sacrificer to perform in a more perfect way the acts of worship incumbent upon him1 by bringing about a closer contact between himself and the soul4#gj ,the self-mutilations performed by the relatives of the dead are supposed to be pleasing to him as tokens of affliction2#ga and the same is of course the case with the lamentations at funerals4 ,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 conspicuous1 and so to allow the spirit to see that it is being properly mourned for4#gb ,the mourning dress is a sign of regard for the dead4 ,nay1 even the custom of not mentioning his name is looked upon in the same light4 ,some peoples maintain that to name him would be to disturb his rest1#gc or that he would take it as an indication that his relatives are not properly mourning for him1 and would feel it as an insult4#gd ,footnote #gj3 de ,groot1 op4 cit4 7vol4 ii4 book7 i4 #feg4 ,footnote #ga3 ,dorman1 ,origin of ,primitive ,superstitions1 p4 #baf sqq4 ,footnote #gb3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #eaa4 ,footnote #gc3 ,nansen1 ,eskimo ,life1 p4 #bcc 7,greenlanders74 ,tout1 ',ethnology of the ,stlatlumh of ,british ,columbia1' in ,jour4 ,anthr4 ,inst4 xxxv4 #ach4 ,georgi1 op4 cit4 iii4 #bg 7,samoyedes74 ,footnote #gd3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #dih4 ,as the duties to the living1 so the duties to the dead are greatly influenced by the relationship between the parties4 ,everywhere the obligation to satisfy the wants of the deceased is incumbent upon those who were nearest to him whilst alive4 ,in the archaic ,state1 as we have seen1 it is considered the greatest misfortune which can befall a person to die without descendants1 since in such a case there would be nobody to attend to his soul4#ge ,confucius #ebe said1 ,for a man to sacrifice to a spirit which does not belong to him is flattery4#gf ,the distinction between a tribesman or fellow countryman and a stranger also applies to the dead4 ,in ,greenland a stranger without relatives or friends was generally suffered to lie unburied4#gg ,among ,north ,american ,indians it is permitted to scalp warriors of a hostile tribe1 whereas there is no example of an ,indian having taken the scalp of a man of his own tribe1 or of one belonging to a nation in alliance with his own1 and whom he may have killed in a quarrel or a fit of anger2#gh 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 tribe4#gi ,yet already from early times we hear of the recognition of certain duties even to strangers and enemies4 ,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 rites4#hj ,it was considered a disgraceful act of ,lysander not to accord burial to ,philocles1 the ,athenian general at ,aegospotami1 together with about four thousand prisoners whom he put to the sword2#ha and the ,athenians themselves boasted that their ancestors had with their own hands buried the ,persians who had fallen in the battle of ,marathon1 holding it to be a sacred and imperative duty to cover with earth a human corpse4#hb ,according to the ,chinese penal code1 destroying1 mutilating1 or throwing into the water the unenclosed and unburied corpse of a stranger1 though a much less serious crime than the same injury inflicted upon the corpse of a relative1 is yet an offence punishable with #ajj blows1 and perpetual banishment to the distance of #c1jjj lee4#hc ,footnote #ge3 ,supra1 ii4 #djj sqq4 ,footnote #gf3 ,lun ,y1 ii4 #bd4 #a4 ,footnote #gg3 ,cranz1 op4 cit4 i4 #bah4 ,footnote #gh3 ,domenech1 ,seven ,years' ,residence in the ,great ,deserts of ,north ,america1 ii4 #ceg4 ,footnote #gi3 ,dodge1 ,our ,wild ,indians1 p4 #afb4 ,footnote #hj3 ,schmidt1 ,die ,ethik der alten ,griechen1 ii4 #ajj sqq4 ,rohde1 op4 cit4 p4 #bjj sq4 ,footnote #ha3 ,pausanias1 ix4 #cb4 #i4 ,footnote #hb3 ,ibid4 i4 #cb4 #e2 ix4 #cb4 #i4 ,footnote #hc3 ,ta ,tsing ,leu ,lee1 sec4 cclxxvi4 p4 #bie4 ,the duties to the dead also vary according to the age1 #ebf sex1 and social position of the departed4 ,among the natives of ,australia children and women are interred with but scant ceremony4#hd ,in the tribes of ,north-,west-,central ,queensland nobody paints his body in mourning for a young child4#he ,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 dead4#hf ,among the ,wadshagga married persons are buried in their huts1 whilst the bodies of unmarried ones and especially children are put in some hidden place1 where they are left to rot or be devoured by beasts4#hg ,some ,siberian tribes were formerly accustomed to inhume adults only1 whereas the corpses of children were exposed on trees4#hh ,the natives of ,port ,jackson1 in ,new ,south ,wales1 consigned their young people to the grave1 but burned those who had passed middle age4#hi ,the ,kondayamkottai ,maravars1 a ,dravidian tribe of ,tinnevelly in ,southern ,india1 bury the corpses of unmarried persons1 whilst those of married ones are cremated4#ij ,in some other tribes in ,india burial is practised in the case of young children only1#ia and this has long been a rule of ,brahmanism4#ib ,among the ,andaman ,islanders1 again1 infants are buried within the encampment1 whereas all other dead are carried to some distant and secluded spot in the jungle4#ic ,we meet with a kindred custom in the neighbourhood of ,victoria ,nyanza in ,central ,africa3 in ,karagwe and ,nkole children are buried in the huts themselves1 grown-up people outside1 generally in cultivated fields1 or in such as are going to be cultivated4#id ,the bodies of women are sometimes disposed of in a #ebg different way from those of men4 ,thus among the ,blackfeet ,indians the latter were fastened in the branches of trees so high as to be beyond the reach of wolves1 and then left to waste in the dry winds2 whilst the body of a woman or child was thrown into the underbush or jungle1 where it soon became the prey of the wild animals4#ie ,among the ,tuski 7,chukchi71 who cremate or rather boil the bodies of good men1 women are not usually burned1 on account of the scarcity of wood4#if ,footnote #hd3 ,curr1 ,the ,australian ,race1 i4 #hi4 ,footnote #he3 ,roth1 op4 cit4 p4 #afd4 ,footnote #hf3 ,macdonald1 ,africana1 i4 #ei4 ,footnote #hg3 ,volkens1 ,der ,kilimandscharo1 p4 #bec4 ,footnote #hh3 ,georgi1 op4 cit4 iii4 #ca 7,koibales74 ,footnote #hi3 ,collins1 ,english ,colony of ,new ,south ,wales1 i4 #fja4 ,footnote #ij3 ,fawcett1 ',kondayamkottai ,maravars1' in ,jour4 ,anthr4 ,inst4 xxiii4 #fd4 ,footnote #ia3 ,thurston1 in the ,madras ,government ,museum's ,bulletin1 i4 #aih 7,kotas74 ,fawcett1 ',nyars of ,malabar1' ibid4 iii4 #bde4 ,footnote #ib3 ,hopkins1 ,religions of ,india1 p4 #bgc4 ,footnote #ic3 ,man1 ',aboriginal ,inhabitants of the ,andaman ,islands1' in ,jour4 ,anthr4 ,inst4 xii4 #add4 ,footnote #id3 ,kollmann1 ,victoria ,nyanza1 p4 #fc sq4 ,footnote #ie3 ,yarrow1 ,introduction to the ,study of ,mortuary ,customs among the ,north ,american ,indians1 p4 #fg4 ,footnote #if3 ,dall1 op4 cit4 p4 #chb4 ,class distinctions likewise influence the disposal of the dead4 ,in some ,american tribes cremation seems to be reserved for persons of higher rank4#ig ,among the pagans of ,obubura ,hill district in ,southern ,nigeria the bodies of ordinary people are buried in the bush1 sometimes being merely thrown on the ground1 but those of chiefs and important men and women are buried in their huts or in the adjoining verandah4#ih ,the ,masai throw away the corpses of ordinary persons to be eaten by hynas1 whereas medicine-men and influential people are buried4#ii ,the ,nandi do not bury their dead unless they have been very important persons4#ajj ,among the ,waganda1 when a chief dies1 he is buried in a wooden coffin1 whilst the bodies of slaves are thrown into the jungle4#aja ,some other ,african peoples throw the corpses of slaves into a morass or the nearest pool of water4#ajb ,the ,thlinkets committed them to the tender mercies of the sea4#ajc ,among the ,maoris a slave would not be greatly bewailed after death1 nor have his bones ceremonially scraped4#ajd ,the ,roman ',law of the ,twelve ,tables' prohibited the bodies of slaves from being embalmed4#aje ,moral distinctions1 also1 are noticeable in #ebh the treatment of the dead4 ,in some parts of ,central ,america the bodies of men of high standing who had committed a crime were1 like those of the common people1 exposed to be devoured by wild beasts4#ajf ,among the ,tuski the corpses of bad men were simply left to rot4#ajg ,in ,greenland the body of a dead malefactor was dismembered1 and the separate limbs were thrown apart4#ajh ,to the same class of facts belong the punishments which were inflicted upon the corpses of criminals in classical antiquity and formerly in ,christian ,europe4#aji ,footnote #ig3 ,preuss1 op4 cit4 p4 #cja4 ,footnote #ih3 ,partridge1 ,cross ,river ,natives1 p4 #bcg4 ,footnote #ii3 ,hollis1 op4 cit4 pp4 #cjd1 #cje1 #cjg2 ,eliot1 ibid4 p4 xx4 ,footnote #ajj3 ,johnston1 ,uganda1 ii4 #hhj4 ,footnote #aja3 ,wilson and ,felkin1 ,uganda1 i4 #ahh4 ,footnote #ajb3 ,denham and ,clapperton1 ,travels in ,northern and ,central ,africa1 ii4 #fd 7natives of ,kano74 ,pogge1 ,im ,reiche des ,muata ,jamwo1 p4 #bdc 7,kalunda74 ,footnote #ajc3 ,holmberg1 ',ethnographische ,skizzen ber die ,vlker des russischen ,amerika1' in ,acta ,soc4 ,scient4 ,fennic1 iv4 #cbc4 ,dall1 op4 cit4 pp4 #dag1 #dbj4 ,footnote #ajd3 ,colenso1 op4 cit4 p4 #cj4 ,footnote #aje3 ,lex ,duodecim ,tabularum1 x4 #f4 ,footnote #ajf3 ,preuss1 op4 cit4 p4 #cja4 ,footnote #ajg3 ,dall1 op4 cit4 p4 #chb4 ,footnote #ajh3 ,rink1 ,tales and ,traditions of the ,eskimo1 p4 #fd4 ,footnote #aji3 ,ayrault1 ,des procez faicts au cadaver1 p4 #e sqq4 ,trummer1 ,vortrge ber ,tortur1 c4 i4 #dee sqq4 ,supra1 ii4 #bed4 ,from this survey of facts we shall now pass to a consideration of the causes from which the duties to the dead have sprung4 ,in the first place1 there can be no doubt that these duties to a considerable extent are based upon the feeling of sympathetic resentment1 in the same way as is the case with duties to living persons4 ,death does not entirely extinguish the affection which was felt for a person whilst he was alive4 ,the rites and customs connected with a death are very largely similar to or identical with natural expressions of grief1 and in spite of their ceremonial character it is impossible to believe that they are altogether counterfeit4 ,we are told by trustworthy eye-witnesses that1 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 felt1 this expression of despair is not all artificial or professional2#aaj and ,mr4 ,man believes that among the ,andaman ,islanders in the majority of cases the display of grief is thoroughly sincere4#aaa ,but the dead also inspire other feelings than sympathy and sorrow1 and the duties towards them have consequently a complex origin4 ,footnote #aaj3 ,fraser1 ,aborigines of ,new ,south ,wales1 p4 #dd4 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #eaj sq4 ,footnote #aaa3 ,man1 in ,jour4 ,anthr4 ,inst4 xii4 #ade4 ,the souls of the dead are not generally supposed to lead a merely passive existence4 ,they are conceived as #ebi capable of acting upon the living1 of conferring upon them benefits1 or at all events of inflicting upon them harm4 ,death has in some respects enhanced their powers4 ,they know what is going on upon earth1 what those whom they have left behind are doing4 ,their power of acting1 also1 is greater than that which they possessed when they were tied to the flesh4 ,they are raised to a higher sphere of influence2 magic properties are ascribed even to their corpses4 ,their character may remain on the whole unchanged1 and so1 too1 their affection for their surviving friends4 ,hence they often become guardians of their descendants4 ,among the ,amazulu the head of each house is worshipped by his children2 remembering his kindness to them while he was living1 they say1 ,he will still treat us in the same way now he is dead4#aab ,the ,herero invoke the blessings of their deceased friends or relatives1 praying for success against their enemies1 an abundance of cattle1 numerous wives1 and prosperity in their undertakings4#aac ,on the ,west ,african ,slave ,coast the head of a family1 after death1 often becomes its protector1 and is sometimes regarded as the guardian of a whole community or village4#aad ,the ,mpongwe teach the child to look up to the parent not only as its earthly protector1 but as a friend in the spirit-land4#aae ,the ,gournditch-mara in ,australia believed that the spirit of the deceased father or grandfather occasionally visited the male descendant in dreams1 and imparted to him charms 7songs7 against disease or against witchcraft4#aaf ,the ,veddah of ,ceylon invokes the spirits of his departed relatives as sympathetic and kindred1 though higher powers than man1 to direct him to a life pleasing to the gods1 through which he may gain their protection or favour4#aag ,the ,nayadis of ,malabar1 on certain ceremonial occasions1 offer solemn prayers that the souls of the #ecj departed may protect them from the ravages of wild beasts and snakes4#aah ,the ,vedic people called upon the aid of their dead3--,o ,fathers1 may the sky-people grant us life2 may we follow the course of the living4#aai ,so also the ,zoroastrian ,fravashis1 who corresponded to the ,vedic ,fathers1 helped their own kindred1 borough1 town1 or country4#abj ,aeschylus1 in his ',eumenides1' represents ,orestes as saying1 ,my father will send me aid from the tomb4#aba ,the ,lar ,familiaris1 the spirit guardian of the ,roman family1 was undoubtedly the spirit of a deceased ancestor4#abb ,the old ,slavonians believed that the souls of fathers watched over their children and their children's children4 ,in ,galicia the people still think that their hearths are haunted by the souls of the dead1 who make themselves useful to the family2 and among the ,czechs1 it is a common belief that departed ancestors look after the fields and herds of their descendants and assist them in hunting and fishing4#abc ,footnote #aab3 ,callaway1 ,religious ,system of the ,amazulu1 p4 #add sq4 ,footnote #aac3 ,andersson1 ,lake ,ngami1 p4 #bbb4 ,footnote #aad3 ,ellis1 ,e7we-speaking ,peoples1 p4 #ajd4 ,see also ibid4 p4 #bd 7,slave and ,gold ,coast natives74 ,footnote #aae3 ,wilson1 ,western ,africa1 p4 #cid4 ,footnote #aaf3 ,fison and ,howitt1 ,kamilaroi and ,kurnai1 p4 #bgh4 ,footnote #aag3 ,nevill1 ',vaeddas of ,ceylon1' in ,taprobanian1 i4 #aid4 ,footnote #aah3 ,iyer1 ',nayadis of ,malabar1' in the ,madras ,government ,museum's ,bulletin1 iv4 #gb4 ,footnote #aai3 ,rig-,veda1 x4 #eg4 #e4 ,cf4 ,hopkins1 op4 cit4 p4 #adc sq4 ,footnote #abj3 ,yasts1 xiii4 #ff sqq42 c4 ,footnote #aba3 ,aeschylus1 ,eumenides1 #eih4 ,footnote #abb3 ,jevons1 in ,plutarch's ,romane ,questions1 p4 xli4 ,rohde1 op4 cit4 p4 #bcb4 ,footnote #abc3 ,ralston1 ,songs of the ,russian ,people1 pp4 #aai1 #aba4 ,for other instances of a similar kind see ,shooter1 ,kafirs of ,natal1 p4 #afa2 ,arbousset and ,daumas1 ,tour to the ,north-,east of the ,colony of the ,cape of ,good ,hope1 p4 #cdj 7,bechuanas72 ,casalis1 ,basutos1 p4 #bdh2 ,wilken1 ,het animisme bij de volken van den ,indischen ,archipel1 p4 #aid sqq42 ,nansen1 ,eskimo ,life1 p4 #bij 7,greenlanders72 ,jessen1 ,afhandling over de ,norske ,finners og ,lappers ,hedenske ,religion1 p4 #bg2 ,friis1 ,lappisk ,mythologi1 p4 #aae sq42 von ,dben1 ,lappland1 p4 #bdi2 ,abercromby1 ,pre- and ,proto-historic ,finns1 i4 #agh 7,mordvins72 von ,wlislocki1 ,volksglaube der ,zigeuner1 p4 #dc sqq4 7,gypsies74 ,but the ancestral guardian spirit does not bestow his favours for nothing4 ,he must be properly attended to1#abd and if neglected he easily becomes positively dangerous to his living relatives4 ,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 enjoyments4#abe ,the ,chaldeans believed that #eca the departed who otherwise carefully watched over the welfare of his children1 if abandoned and forgotten1 avenged himself for their neglect by returning to torment them in their homes1 by letting sickness attack them1 and by ruining them with his imprecations4#abf ,the ,vedic poet prays to the ,fathers1 ,may ye not injure us for whatever impiety we have as men committed4#abg ,the ,fravashis come to the help of those only who treat them well1 and are dreadful unto those who vex them4#abh ,in ,rome1 according to ,ovid1 once upon a time when the great festival of the dead was not observed1 and the manes failed to receive the customary gifts1 the injured spirits revenged themselves on the living1 and the city became heated by the suburban funeral pyres4#abi ,so also1 according to ,slavonic beliefs1 the dead might be induced1 if proper respect was not paid to them1 to revenge themselves on their forgetful survivors4#acj ,footnote #abd3 ,wilken1 op4 cit4 p4 #aid sq4 7peoples in the ,malay ,archipelago74 ,abercromby1 op4 cit4 i4 #agh 7,mordvins74 ,jessen1 op4 cit4 p4 #bg2 ,friis1 op4 cit4 p4 #aaf sq4 7,laplanders74 ,footnote #abe3 ,rowley1 ,religion of the ,africans1 p4 #ij4 ,footnote #abf3 ,halevy1 op4 cit4 p4 #cfh4 ,footnote #abg3 ,rig-,veda1 x4 #ae4 #f4 ,footnote #abh3 ,yasts1 xiii4 #ca1 #db1 #ea1 #gj1 c4 ,footnote #abi3 ,ovid1 ,fasti1 ii4 #edi sqq4 ,footnote #acj3 ,ralston1 op4 cit4 p4 #cce4 ,moreover1 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 descendants4#aca ,concerning the ancient ,babylonians and ,assyrians ,professor ,jastrow writes3--,in general the dead were not favorably disposed towards the living1 and they were inclined to use what power they had to work evil rather than for good4 ,in this respect they resembled the demons1 and it is noticeable that an important class of demons was known by the name ekimmu1 which is one of the common terms for the shades of the dead4#acb ,the ,greeks were much afraid of their dead1 and regarded their heroes as extremely irritable1 in later times as exclusively malicious4#acc ,it appears from ,ovid's ',fasti' that fear was the predominant feeling of the ,romans with reference to the spirits of the departed1 who were supposed #ecb to wander about by night1 causing men to pine away or bewitching them into madness4#acd ,even in ,china1 where the souls of the dead are supposed effectually to control the destiny of the living1#ace malevolent rather than benevolent inclinations are ascribed to them by the popular belief1 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 foreigners4#acf ,generally speaking1 my collection of facts has led me to the conclusion that the dead are more commonly regarded as enemies than friends1#acg and that ,professor ,jevons#ach and ,mr4 ,grant ,allen#aci are mistaken in their assertion that1 according to early beliefs1 the malevolence of the dead is for the most part directed against strangers only1 whereas they exercise a fatherly care over the lives and fortunes of their descendants and fellow clansmen4 ,footnote #aca3 ,cf4 ,karsten1 ,origin of ,worship1 p4 #abb sqq4 ,footnote #acb3 ,jastrow1 op4 cit4 p4 #eha4 ,footnote #acc3 ,rohde1 op4 cit4 pp4 #agg sqq41 #bbe n4 #d4 ,schmidt1 ,die ,ethik der alten ,griechen1 ii4 #acj4 ,footnote #acd3 ,ovid1 ,fasti1 v4 #dbi sqq4 ,granger1 ,worship of the ,romans1 p4 #fg4 ,footnote #ace3 de ,groot1 op4 cit4 7vol4 v4 book7 ii4 #dfd4 ,footnote #acf3 ,dennys1 ,folk-,lore of ,china1 p4 #gc4 ,see also ,legge1 ,religions of ,china1 pp4 #ac1 #bja4 ,footnote #acg3 ,dr4 ,steinmetz 7,ethnol4 ,studien zur ersten ,entwicklung der ,strafe1 i4 #bhc7 has arrived at the same conclusion4 ,see also ,meiners1 ,geschichte der ,religionen1 i4 #cja sqq42 ,karsten1 op4 cit4 p4 #aae sqq4 ,footnote #ach3 ,jevons1 ,introduction to the ,history of ,religion1 p4 #ec sq4 ,footnote #aci3 ,grant ,allen1 ,evolution of the ,idea of ,god1 p4 #cdg sq4 ,thus the ,bondeis in ,east ,africa apparently make little difference between a devil and a departed ancestor4#adj ,among the ,fjort of ,loango the good people who have left this life are generally considered the enemies of mankind4#ada ,other ,africans maintain that the spirits of the dead hover in the air1 watching the destiny of friends1 haunting houses1 killing children1 injuring cattle1 and causing disease and destruction1 all being malevolent to the living4#adb ,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 ghosts1 even of those who loved them best in life2 the spirits of the dead seem compelled to work ill to the living without their own volition4#adc ,in ,tahiti the spirits of parents and children1 sisters and brothers1 seemed to have been regarded as a sort of #ecc demons4#add ,among the ,maoris the nearest and most beloved relatives were supposed to have their natures changed by death1 and to become malignant1 even towards those they formerly loved4#ade ,the natives of ,erromanga1 in the ,new ,hebrides1 maintained that all the spirits of their departed ancestors were evil1 and roamed the earth doing harm to men4#adf ,in the tribes inhabiting the mouth of the ,wanigela ,river1 in ,new ,guinea1 all dead ancestors are supposed to be constantly on the watch to deal out sickness or death to anyone who may displease them2 hence the natives are most particular to do nothing that should raise their anger4#adg ,australian natives believe that a deceased person is malevolent for a long time after death1 and the more nearly related the more he is feared4#adh ,the anitos or ghosts1 of the ,tagales in the ,philippine ,islands are likewise perpetually anxious to do harm to their descendants1 trying to kill people1 especially shortly after death1 and being the causes of nearly all diseases4#adi ,the ,saora of the ,madras ,presidency only know the existence of the departed souls by the mischief they do1 and think that all ills are occasioned either by ancestral spirits or gods4#aej ,in the ,north-,western ,provinces of ,india the dwrs1 or genii loci1 are oftentimes the spirits of good men1 ,brahmans1 or village heroes1 who manage1 when they become objects of worship1 to be generally considered very malicious devils2#aea and the ghosts of all low caste natives are notoriously malignant4#aeb ,the ,tibetans are of opinion that a ghost is always malicious1 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 of4#aec ,the ,finns and other peoples of the same stock believed that the souls of the dead were generally intent to do harm to the living1 their nearest relatives included4#aed ,thus1 according to ,votyak ideas1 even a mother may become #ecd the enemy of her own child from the moment of her death4#aee ,among the ,ainu of ,japan1 if a man is at a loss for the authorship of any particular calamity1 which has befallen him1 he is very apt to refer it to the ghost of a dead wife1 mother1 grandmother1 or1 still more certainly1 to that of a dead mother-in-law2#aef an ,ainu who accompanied ,mr4 ,batchelor would on no account come within twenty-five or thirty yards of the spot where his own mother was burned4#aeg ,the ,koniagas believe that after death every man becomes a devil4#aeh ,according to ideas prevalent among the ,central ,eskimo1 the dead are at first malevolent spirits who frequently roam around the villages1 causing sickness and mischief and killing men by their touch2 but subsequently they are supposed to attain to rest and are no longer feared4#aei ,the ,tarahumares of ,mexico are afraid of their dead2 a mother asks her deceased infant to go away and not to come back1 and the weeping widow implores her husband not to carry off1 or do harm to1 his own sons or daughters4#afj ,mr4 ,bridges informs us that the ,fuegian word for a ghost1 cshpich1 is also an adjective signifying frightful1 dreadful1 awful4#afa ,footnote #adj3 ,dale1 ',natives inhabiting the ,bondei ,country1' in ,jour4 ,anthr4 ,inst4 xxv4 #bcc4 ,footnote #ada3 ,dennett1 ,folklore of the ,fjort1 p4 #aa sq4 ,footnote #adb3 ,burton1 ,lake ,regions of ,central ,africa1 ii4 #cdd4 ,footnote #adc3 ,thomson1 ,savage ,island1 p4 #id4 ,footnote #add3 ,ellis1 ,polynesian ,researches1 i4 #ccd sq4 ,footnote #ade3 ,taylor1 ,te ,ika a ,maui1 p4 #ah4 ,see also ibid4 pp4 #acg1 #bba2 ,polack1 op4 cit4 i4 #bdb4 ,footnote #adf3 ,robertson1 ,erromanga1 p4 #chi4 ,footnote #adg3 ,guise1 ',tribes inhabiting the ,mouth of the ,wanigela ,river1' in ,jour4 ,anthr4 ,inst4 xxviii4 #baf4 ,footnote #adh3 ,fraser1 ,aborigines of ,new ,south ,wales1 p4 #hj4 ,curr1 ,the ,australian ,race1 i4 #hg4 ,footnote #adi3 ,blumentritt1 in ,mittheil4 d4 kais4 u4 kn4 ,geograph4 ,gesellsch4 in ,wien1 p4 #aff sqq4 de ,mas1 ,informe sobre el estado de las ,islas ,filipinas en #ahdb1 ',orijen de los habitantes de la ,oceania1' p4 #ae2 ',poblacion1' p4 #bi4 ,cf4 ibid4 ',poblacion1' p4 #ag2 ,blumentritt1 p4 #afh 7,igorrotes74 ,footnote #aej3 ,fawcett1 ,saoras1 pp4 #dc1 #ea4 ,footnote #aea3 ,elliot1 ,races of the ,north ,western ,provinces of ,india1 p4 #bdc4 ,footnote #aeb3 ,crooke1 ,popular ,religion of ,northern ,india1 i4 #bfi4 ,footnote #aec3 ,waddell1 ,buddhism of ,tibet1 p4 #dih4 ,footnote #aed3 ,castrn1 ,nordiska resor och forskningar1 iii4 #aba sqq4 ,waronen1 ,vainajainpalvelus muinaisilla ,suomalaisilla1 p4 #bc4 ,footnote #aee3 ,buch1 ',die ,wotjken1' in ,acta ,soc4 ,scient4 ,fennic1 xii4 #fjg4 ,footnote #aef3 ,howard1 ,life with ,trans-,siberian ,savages1 p4 #aif4 ,footnote #aeg3 ,batchelor1 ,ainu of ,japan1 p4 #bbj sq4 ,footnote #aeh3 ,holmberg1 in ,acta ,soc4 ,scient4 ,fennic1 iv4 #djb4 ,footnote #aei3 ,boas1 in ,ann4 ,rep4 ,bur4 ,ethn4 vi4 #eia4 ,footnote #afj3 ,lumholtz1 ,unknown ,mexico1 i4 #chj1 #chb4 ,footnote #afa3 ,bridges1 ',manners and ,customs of the ,firelanders1' in ,a ,voice for ,south ,america1 xiii4 #baa4 ,the belief in the irritable or malevolent character of the dead is easily explained4 ,as ,bishop ,butler observed1 we presume that a thing will remain as it is except when we have some reason to think that it will be altered4#afb ,and in the case of the souls of departed friends men may have reason to suppose that they undergo a change4 ,death is commonly regarded as the gravest of all misfortunes2 hence the dead are believed to be exceedingly dissatisfied with their fate4 ,according to primitive ideas a person only dies if he is killed--by magic if not by force1--and such a death naturally tends to make the soul revengeful and ill-tempered4 ,it is envious of the living and is longing for the company of its old friends2 no wonder1 then1 that it sends them diseases to cause their #ece death4 ,the ,basutos maintain that their dead ancestors are continually endeavouring to draw them to themselves1 and therefore attribute to them every disease2#afc and the ,tarahumares in ,mexico suppose that the dead make their relatives ill from a feeling of loneliness1 that they1 too1 may die and join the departed4#afd ,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 also1 no doubt1 intimately connected with the instinctive fear of the dead1 which is in its turn the outcome of the fear of death4 ,footnote #afb3 ,butler1 ,analogy of ,religion1 i4 #a1 p4 #hb4 ,footnote #afc3 ,casalis1 op4 cit4 p4 #bdi4 ,footnote #afd3 ,lumholtz1 ,unknown ,mexico1 i4 #chj4 ,we are told1 it is true1 that many savages meet death with much indifference1 or regard it as no great evil1 but merely as a change to a life very similar to this4#afe ,but it is a fact often noticed among ourselves1 that a person on the verge of death may resign himself to his fate with the greatest calmness1 although he has been afraid to die throughout his life4 ,moreover1 the fear of death may be disguised by thoughtlessness1 checked by excitement1 or mitigated by dying in company4 ,there are peoples who are conspicuous for their bravery1 and yet have a great dread of death4#aff ,nobody is entirely free from this feeling1 though it varies greatly in strength among different races and in different individuals4 ,in many savages it is so strongly developed1 that they cannot bear to hear death mentioned4#afg ,and inseparably mingled with #ecf this fear of death is the fear of the dead4 ,the place in which a death occurs is abandoned1#afh or the hut is destroyed1#afi or the corpse is carried out from it as speedily as possible4#agj ,the survivors endeavour to frighten away the ghost by firing off guns1#aga or shooting into the grave1#agb or throwing sticks and stones behind themselves after they have interred the corpse4#agc ,to prevent the return of the ghost the body is buried face downwards1#agd or its limbs are firmly tied1#age or1 in extreme cases1 it is fixed in the ground with a stake driven through it4#agf ,we may assume that these and many other funeral ceremonies are very closely connected with the fear of the pollution of death2 for even when their immediate object is to keep the ghost at #ecg a distance1 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 contagion4#agg ,it seems to me that certain anthropologists1 in their explanations of funeral ceremonies1 have too much accentuated the volitional activity of ghosts4 ,to take an instance4 ,the common custom of carrying the dead body away through some aperture other than the door1#agh has generally been interpreted as a means of preventing the ghost from finding its way back to the old home2 but various facts indicate that it also may have sprung from a desire to keep the ordinary exit free from pollution4 ,according to the ,venddd a spirit of death is breathing all along the way which a corpse has passed2 hence no man1 no flock1 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 hell4#agi ,in the capital of ,corea there is a small gate in the city-wall known as the ,gate of the ,dead1 through which alone a dead body can be carried out1 and no one is ever allowed to enter through that passage-way4#ahj ,in ,china even a messenger who delivers tidings of death strictly abstains from passing the threshold of the houses at which he knocks1 unless urgently requested by the inmates to walk in4#aha ,among the ,kwakiutl ,indians of ,british ,columbia a mourner1 who is regarded as unclean1 must not use the house door1 but a separate door is cut for his use2 girls at puberty1 whilst in a state of uncleanness1 may leave #ech and enter their room only through a hole made in the floor2#ahb 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 house4#ahc ,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 them4#ahd ,but ,i see no reason whatever to assume1 with ,sir ,j4 ,g4 ,frazer1 that the conceptions of pollution and purification are merely the fictions of a later age1 invented to explain the purpose of a ceremony of which the original intention was forgotten4#ahe ,footnote #afe3 ,turner1 ',ethnology of the ,ungava ,district1' in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #aib 7,hudson ,bay ,eskimo71 #bfi sq4 7,hudson ,bay ,indians74 de ,brebeuf1 ',relation de ce qui s'est pass dans le pays des ,hurons1' in ,relations des ,jsuites1 i4 #afcf1 p4 #abi4 ,roth1 ,north-,west-,central ,queensland ,aborigines1 p4 #afa4 ,tregear1 ',niue1' in ,jour4 ,polynesian ,soc4 ii4 #ad 7,savage ,islanders74 ,williams and ,calvert1 ,fiji1 p4 #bjd sq4 ,romilly1 ,from my ,verandah in ,new ,guinea1 p4 #de 7,solomon ,islanders74 ,georgi1 op4 cit4 iii4 #bff 7,siberian shamans74 ,monrad1 op4 cit4 p4 #bc 7,negroes of ,accra74 ,brinton1 ,religions of ,primitive ,peoples1 p4 #gb4 ,footnote #aff3 ,e4g41 the ,kalmucks 7,bergmann1 ,nomadische ,streifereien unter den ,kalmken1 ii4 #cah sqq47 and the ancient ,caribs 7,mller1 ,geschichte der ,amerikanischen ,urreligionen1 p4 #bae74 ,footnote #afg3 ,dunbar1 ',pawnee ,indians1' in ,magazine of ,american ,history1 viii4 #gdb4 ,batchelor1 ,ainu of ,japan1 p4 #bjc4 ,bergmann1 op4 cit4 ii4 #cah4 ,bosman1 ,description of the ,coast of ,guinea1 p4 #cbg 7,negroes of ,fida74 ,du ,chaillu1 ,explorations in ,equatorial ,africa1 p4 #cch4 ,kropf1 ,das ,volk der ,xosa-,kaffern1 p4 #aee4 ,for other instances of savages' great fear of death1 see ,bridges1 in ,a ,voice for ,south ,america1 xiii4 #baa 7,fuegians72 ,mller1 ,geschichte der ,amerikanischen ,urreligionen1 p4 #bae 7,caribs72 ,dunbar1 in ,magazine of ,american ,history1 v4 #ccd 7various ,north ,american tribes72 ,brinton1 ,myths of the ,new ,world1 p4 #bch2 ,georgi1 op4 cit4 ii4 #djj 7,jakuts72 ,bosman1 op4 cit4 p4 #acj 7,gold ,coast natives74 ,footnote #afh3 ,dorman1 op4 cit4 p4 #bb 7,north ,american ,indians74 von den ,steinen1 ,unter den ,naturvlkern ,zentral-,brasiliens1 p4 #ejb 7,boror74 ,hyades and ,deniker1 ,mission scientifique du ,cap ,horn1 vii4 #cgi 7,fuegians74 ,curr1 ,the ,australian ,race1 i4 #dd4 ,fraser1 ,aborigines of ,new ,south ,wales1 p4 #hb4 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #dih4 ,worcester1 ,philippine ,islands1 p4 #dif 7,tagbanuas of ,busuanga74 ,bailey1 ',veddahs of ,ceylon1' in ,trans4 ,ethn4 ,soc4 ,n4 ,s4 ii4 #bif2 ,deschamps1 ,carnet d'un voyageur1 p4 #chc 7,veddahs74 ,decle1 op4 cit4 p4 #gi 7,barotse74 von ,dben1 ,lappland1 pp4 #bda1 #bdi4 ,footnote #afi3 ,hyades and ,deniker1 op4 cit4 vii4 #cgi 7,fuegians74 ,batchelor1 ,ainu of ,japan1 p4 #bbb sq4 ,worcester1 op4 cit4 p4 #ajh sq4 7,tagbanuas of ,palawan74 ,butler1 ,travels in ,assam1 p4 #bbh4 ,fawcett1 ,saoras1 p4 #ej sq4 ,cunningham1 ,uganda1 p4 #acj 7,bavuma74 ,footnote #agj3 ,howard1 op4 cit4 p4 #aig 7,ainu74 ,selenka1 ,sonnige ,welten1 p4 #hi 7,dyaks74 ,the rapid pace of the funeral procession among the ,bataks 7von ,brenner1 ,besuch bei den ,kannibalen ,sumatras1 p4 #bce7 probably belongs to the same class of facts4 ,footnote #aga3 von ,brenner1 op4 cit4 p4 #bce 7,bataks74 ,fawcett1 ,saoras1 p4 #df sq4 ,footnote #agb3 von ,brenner1 op4 cit4 p4 #bce 7,bataks74 von ,wlislocki1 ,volksglaube der ,magyaren1 p4 #acd4 ,footnote #agc3 ,crooke1 ,tribes and ,castes of the ,north-,western ,provinces1 i4 #de 7,aheriya1 in ,dub71 #bhg 7,bhangi1 the sweeper tribe of ,hindustan74 ,ralston1 op4 cit4 p4 #cbj 7ancient ,bohemians74 ,footnote #agd3 ,dorsey1 in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #dbj 7,omahas74 ,crooke1 op4 cit4 i4 #dd 7,aheriya1 in ,dub74 ,footnote #age3 ,zimmer1 ,altindisches ,leben1 p4 #djb 7,vedic people74 ,turner1 in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #aia 7,hudson ,bay ,eskimo74 ,yarrow1 ibid4 i4 #ih 7,pimas of ,arizona74 ,southey1 ,history of ,brazil1 i4 #bdh 7,tupinambas74 ,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 bed1 and disturbing the living and doing them harm 7,fraser1 ,aborigines of ,new ,south ,wales1 p4 #gi sq42 see also ,curr1 ,the ,australian ,race1 i4 #dd1 #hg74 ,footnote #agf3 ,supra1 ii4 #bef4 ,hyltn-,cavallius1 ,wrend och ,wirdarne1 i4 #dgb 7,middle ,ages74 ,footnote #agg3 ,cf4 supra1 ii4 #cjc4 ,for the contagion of death see also ,crawley1 ,the ,mystic ,rose1 p4 #ie sqq4 ,footnote #agh3 ,tylor1 ,primitive ,culture1 ii4 #bf sq4 ,frazer1 in ,jour4 ,anthr4 ,inst4 xv4 #fi sq4 ,trumbull1 ,threshold ,covenant1 p4 #bc sqq4 ,liebrecht1 ,zur ,volkskunde1 pp4 #cgb1 #cgc1 #dad sq4 ,lippert1 ,christenthum1 ,volksglaube und ,volksbrauch1 p4 #cia sq4 ,egede1 ,description of ,greenland1 p4 #aeb sq42 ,nansen1 ,eskimo ,life1 p4 #bde sq4 7,greenlanders74 ,turner1 in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #aia 7,hudson ,bay ,eskimo74 ,mc,nair ,wright1 ,among the ,alaskans1 p4 #cac4 ,jochelson1 ',koryak ,religion'1 in ,jesup ,north ,pacific ,expedition1 vi4 #aaj sq4 ,georgi1 op4 cit4 iii4 #bf sq42 ,jackson1 in ,jour4 ,anthr4 ,inst4 xxiv4 #djf 7,samoyedes74 ,ramseyer and ,khne1 ,four ,years in ,ashantee1 p4 #ej4 ,klund1 ',skandinavische ,verhltnisse1' in ,paul1 ,grundriss der germanischen ,philologie1 ii4 pt4 ii4 #bbg 7ancient ,scandinavians74 ,footnote #agi3 ,venddd1 viii4 #ad sqq4 ,darmesteter1 in ,sacred ,books of the ,east1 iv4 p4 lxxiv4 sq4 ,footnote #ahj3 ,trumbull1 op4 cit4 p4 #bd4 ,footnote #aha3 de ,groot1 op4 cit4 7vol4 ii4 book7 i4 #fdd4 ,footnote #ahb3 ,boas1 in ,fifth ,report on the ,north-,western ,tribes of ,canada1 p4 #db sqq4 ,footnote #ahc3 ,idem1 quoted by ,frazer1 ,golden ,bough1 i4 #cda sq4 ,among the ,bhuiyr1 a ,dravidian tribe in ,south ,mirzapur1 each house has two doors1 one of which is only used by menstruous women2 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 7,crooke1 ,tribes and ,castes of the ,north-,western ,provinces1 ii4 #hg74 ,among the ,thompson ,river ,indians of ,british ,columbia meat was only taken into the hunting lodge through a hole in the back of the structure1 because the common door was used by women and women were regarded as unclean 7,teit1 ',thompson ,indians1' in ,memoirs of the ,american ,museum of ,natural ,history1 ',anthropology1' i4 #cdg74 ,in other instances ordinary people are prohibited from using a door through which a sacred person has passed1 obviously because contact with his sanctity is looked upon as dangerous4 ,in some of the ,south ,sea ,islands1 where the first-born1 whether male or female1 was especially sacred1 no one else was allowed to pass by the door through which he or she entered the paternal dwelling 7,gill1 ,life in the ,southern ,isles1 p4 #df74 ,in some parts of the ,pacific1 the door through which the king or queen passed in opening a temple was shut up1 and ever after made sacred 7,turner1 ,nineteen ,years in ,polynesia1 p4 #cbh74 ,ezekiel 7xliv4 #b sq47 represents the ,lord as saying3--,this gate shall be shut1 it shall not be opened1 and no man shall enter in by it2 because the ,lord1 the ,god of ,israel1 hath entered in by it1 therefore it shall be shut4 ,it is for the prince2 4 4 4 he shall enter by the way of the porch of that gate1 and shall go out by the way of the same4 ,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 7,palmer1 in ,sacred ,books of the ,east1 vi4 #bg1 n4 #a74 ,this practice was forbidden by ,muhammed 7,koran1 ii4 #ahe74 ,footnote #ahd3 ,frazer1 in ,jour4 ,anthr4 ,inst4 xv4 #gf sqq4 ,footnote #ahe3 ,it should be added1 however1 that4 ,sir ,j4 ,g4 ,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 subject4 ,it is obvious that the beliefs held as regards the character1 activity1 and polluting influence of the dead greatly affect the conduct of the survivors4 ,they are #eci naturally anxious to gain the favour of the disembodied soul1 to avert its ill-will1 to keep it at a distance1 and to avoid the defilement of death4 ,self-interest is often a conspicuous motive for acts and omissions which are regarded as duties to the dead1 and prudence also has a very large share in their being enjoined as obligatory4 ,this is obviously true of the offerings made to the dead4 ,the ,thompson ,river ,indians of ,british ,columbia threw some food on the ground near the grave of the deceased1 that he might not visit the house in search of food1 causing sickness to the people4#ahf ,among the ,iroquois1 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 mother4#ahg ,the ,negroes of ,accra1 when asked why they slaughtered animals at the tombs of their departed friends1 answered that they did so in order to prevent the ghosts from walking4#ahh ,the ,monbuttu place some oil and other victuals in the little hut which is erected for the dead in the forest1 so that his spirit shall not return to his old home in search of food4#ahi ,for the same reason the ,bataks of ,sumatra put various things into the graves of their deceased friends1 ask the dead to be quiet and not to long for the company of the living1 and finish their address with the words1 ,here you have still some sirih and tobacco1 and every year1 at harvest time1 we shall give you some rice4#aij ,among the ,chuvashes the son says to his departed father1 ,we remember you with a feast1 here are bread and different kinds of food for you1 everything you have before you1 do not come to us4#aia ,it is considered particularly dangerous to keep back and make use of articles which belonged to the dead4 ,the ,gypsies burn on the grave all those chattels which the deceased was in the habit of using during his lifetime1 because his soul would otherwise #edj return to torment his relatives and claim back his property4#aib ,a ,saora gave the following reason for the custom of burning all the belongings of a dead person3--,if we do not burn these things with the body1 the ,kulba 7soul7 will come and ask us for them and trouble us4#aic ,the ,kafirs believe that1 after his death1 a man's personality haunts his possessions4#aid ,among the ,brazilian ,tupinambas whoever happened to have any thing which had belonged to the dead produced it1 that it might be buried with him1 lest he should come and claim it4#aie ,when a ,navaho ,indian dies within a house the rafters are pulled down over the remains and the place is usually set on fire2 after that nothing would induce a ,navaho to touch a piece of the wood or even approach the immediate vicinity of the place1 the shades of the dead being regarded as inclined to resent any intrusion or the taking of any liberties with them or their belongings4#aif ,the ,greenlanders1 as soon as a man is dead1 throw out every thing which has belonged to him2 otherwise they would be polluted1 and their lives rendered unfortunate4 ,the house is cleared of all its movables till evening1 when the smell of the corpse has passed away4#aig ,footnote #ahf3 ,teit1 loc4 cit4 p4 #cbi4 ,footnote #ahg3 ,smith1 ,myths of the ,iroquois1 in ,ann4 ,rep4 ,bur4 ,ethn4 ii4 #fi4 ,footnote #ahh3 ,monrad1 op4 cit4 p4 #bf4 ,footnote #ahi3 ,burrows1 op4 cit4 p4 #ajc4 ,footnote #aij3 von ,brenner1 op4 cit4 p4 #bcd sqq4 ,footnote #aia3 ,castrn1 op4 cit4 iii4 #abc sq4 ,footnote #aib3 von ,wlislocki1 ,volksglaube der ,zigeuner1 p4 #ajj4 ,footnote #aic3 ,fawcett1 op4 cit4 p4 #dg4 ,footnote #aid3 ,kidd1 ,the ,essential ,kafir1 p4 #hc4 ,footnote #aie3 ,southey1 op4 cit4 i4 #bdh4 ,cf4 von den ,steinen1 ,unter den ,naturvlkern ,zentral-,brasiliens1 p4 #ejb 7,boror74 ,footnote #aif3 ,mindeleff1 ',navaho ,houses1' in ,ann4 ,rep4 ,bur4 ,ethn4 xvii4 #dhg4 ,footnote #aig3 ,cranz1 op4 cit4 i4 #bag4 ,the fear of the dead has also taught men to abstain from robbing or violating their tombs4 ,the ,omahas believe that1 if anybody touched an article of food exposed at a grave1 the ghost would snatch away the food and paralyse the mouth of the thief1 and twist his face out of shape for the rest of his life2 or else he would be pursued by the ghost1 and food would lose its taste1 and hunger ever after haunt the offender4#aih ,the ,brazilian ,coroados avoid disturbing the repository of the dead1 for fear they should appear to them and torment them4#aii #eda ,the ,maoris suppose that the violation of a burial place would bring disease and death on the criminal4#bjj ,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 disturber4#bja ,according to the popular beliefs of the ,magyars1 he who seizes upon anything belonging to a tomb1 even if it were only a flower1 will be unhappy for the rest of his life4#bjb ,the ,rumanians of ,transylvania think that a person who picks a flower which grows on a grave will die in consequence1 and that he who smells at such a flower will lose his sense of smell4#bjc ,footnote #aih3 ,la ,flesche1 ',death and ,funeral ,customs among the ,omahas1' in ,jour4 ,american ,folk-,lore1 ii4 #aa4 ,cf4 ,reid1 in ,jour4 ,anthr4 ,inst4 iii4 #aab 7,chippewas74 ,footnote #aii3 von ,spix and von ,martius1 ,travels in ,brazil1 ii4 #bea4 ,footnote #bjj3 ,polack1 op4 cit4 i4 #aab4 ,footnote #bja3 ,dennys1 op4 cit4 p4 #bf4 de ,groot1 op4 cit4 7vol4 iv4 book7 ii4 #ddf sq4 ,footnote #bjb3 von ,wlislocki1 ,volksglaube der ,magyaren1 p4 #ace4 ,cf4 ,idem1 ,volksglaube der ,zigeuner1 p4 #if sq4 ,footnote #bjc3 ,prexl1 ',geburts- und ,todtengebruche der ,rumnen in ,siebenbrgen1' in ,globus1 lvii4 #cj4 ,the transgression of ancestral custom1 as we have already seen1 is supposed to be punished by the spirits of the dead2 and the sacredness of a will largely springs from superstitious fear4 ,the ,south ,slavonian belief that1 if a son does not fulfil the last will of his father the soul of the father will curse him from the grave1#bjd has its counterpart in the denunciatory clause in ,anglo-,saxon landbooks1 which usually curses all and singular who attack the donee's title4#bje ,footnote #bjd3 ,supra1 i4 #fbd4 ,footnote #bje3 ,pollock and ,maitland1 ,history of ,english ,law before the ,time of ,edward ,i4 ii4 #bea sq4 ,the custom of praising the dead1 again1 is mainly flattery1 and the lamentations over them are not altogether sincere4#bjf ,by their excessive demonstrations of grief the ,andaman ,islanders hope to conciliate the spirits of the departed1 and to be preserved from many misfortunes which might otherwise befall them4#bjg ,the ,central ,australian native fears that1 unless a sufficient amount of grief be displayed1 he will be harmed by the offended ,ulthana or spirit of the dead man4#bjh ,the ,angmagsaliks #edb 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 angry4#bji ,but the loud wailing of mourners may also1 like the shouting after a death1#baj be intended to drive away the ghost1 or perhaps death itself4 ,footnote #bjf3 ,see ,gibbs1 loc4 cit4 p4 #bje 7tribes of ,western ,washington and ,north-western ,oregon72 ,wied-,neuwied1 ,reise nach ,brasilien1 ii4 #ef 7,botocudos74 ,footnote #bjg3 ,man1 in ,jour4 ,anthr4 ,inst4 xii4 #ade4 ,footnote #bjh3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #eaj4 ,footnote #bji3 ,holm1 ',ethnologisk ,skizze af ,angmagsalikerne1' in ,meddelelser om ,grnland1 x4 #ajg4 ,footnote #baj3 ,spencer and ,gillen1 op4 cit4 p4 #ejf4 ,cf4 ,robertson ,smith1 ,religion of the ,semites1 p4 #dcb1 n4 #b4 ,fear is certainly a very common motive for funeral and mourning rites which have been interpreted as duties to the dead4 ,this is the case with the various methods of disposing of the corpse4 ,thus the custom of leaving it as food for beasts of prey#baa is1 in some instances at least1 deliberately practised for the purpose of preventing the ghost from walking4 ,the ,herero who accompanied ,chapman said of two of their sick comrades who formed part of the company1 ,you must throw them away1 and let the wolves eat them2 then they won't come and bother us4#bab ,cremation1 also1 has frequently been resorted to as a means of protecting the living from unwelcome visits of the dead1 or1 as the case may be1 of effectually getting rid of the contagion of death4#bac ,the ,vedic people1 while burning the corpses of their dead1 cried aloud1 ,away1 go away1 ,o ,death6 injure not our sons and our men4#bad ,in ,northern ,india the corpses of all low caste people are either cremated or buried face downwards1 in order to prevent the evil spirit from escaping and troubling its neighbours4#bae ,the ,nyars of ,malabar not only believe that the collection and careful disposal of the ashes of the dead man gives peace to his spirit1 but1 what is more important1 the pacified spirit will not thereafter injure the living members of the ,taravd 7house or family71 cause miscarriage #edc to the women1 possess the men1 as with an evil spirit1 and so on4#baf ,in ,tibet a ghost which makes its presence felt in dreams or by causing deliriousness or temporary insanity is disposed of by cremation4#bag ,in his description of the ,savage ,islanders1 ,mr4 ,thomson tells us of a mother who destroyed her own daughter's grave by fire in order to burn the spirit which was afflicting her4#bah ,among the ancient ,scandinavians the bodies of persons who were believed to walk after death were dug up from their graves and burned4#bai ,and exactly the same is done in ,albania to this day4#bbj ,footnote #baa3 ,for this custom see also ,murdoch1 in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #dbd sq4 7,point ,barrow ,eskimo72 ,nordenskild1 ,vegas frd kring ,asien och ,europa1 ii4 #ic 7,chukchi72 ,andersson1 ,notes on ,travel in ,south ,africa1 p4 #bcd 7,ovambo74 ,footnote #bab3 ,chapman1 ,travels in the ,interior of ,south ,africa1 ii4 #bhb4 ,footnote #bac3 ,cf4 ,rohde1 op4 cit4 p4 #bh sqq4 7ancient ,greeks72 ,preuss1 op4 cit4 p4 #bid4 ,footnote #bad3 ,rig-,veda1 x4 #ah4 #a4 ,footnote #bae3 ,crooke1 ,popular ,religion of ,northern ,india1 i4 #bfi4 ,footnote #baf3 ,fawcett1 in the ,madras ,government ,museum's ,bulletin1 iii4 #bea4 ,see also ,iyer1 ',nayadis of ,malabar1'ibid4 iv4 #ga4 ,footnote #bag3 ,waddell1 op4 cit4 p4 #dih4 ,footnote #bah3 ,thomson1 ,savage ,island1 p4 #acd4 ,footnote #bai3 ,klund1 loc4 cit4 p4 #bbg4 ,footnote #bbj3 von ,hahn1 ,albanesische ,studien1 i4 #afc4 ,burial itself has served a similar purpose4#bba ,according to the ,danish traveller ,monrad1 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 survivors2 and he adds that exactly the same superstition prevails in ,jutland in ,denmark4#bbb ,this belief is also preserved in the ,swedish word for committing a corpse to the earth1 jordfsta1 which literally means to fasten to the earth4 ,in ,gothland1 in ,sweden1 there was an old tradition of a man called ,takstein who in his lifetime was overbearing and cruel and after his death haunted the living1 in consequence of which a wizard finally earth-fastened him in such a manner that he afterwards lay quiet4#bbc ,but burial has often been supplemented by other precautions against the return of the ghost4 ,hgstrm says that the ,laplanders carefully wrapped up their dead in cloth so as to prevent the soul from slipping away4#bbd ,the practice of placing logs or stones immediately over the corpse may have a similar origin2 in some ,queensland tribes1 when an individual has been killed by the whole tribe in punishment for some #edd serious crime1 boomerangs are substituted for the ordinary logs1 evidently for fear of the ghost4#bbe ,the ,chuvashes1 again1 put two stakes across the coffin of a dead man for the purpose of preventing him from lifting up the cover4#bbf ,graves are often provided with mounds1 tombstones1 or enclosures in order to keep the dead from walking4#bbg ,the ,omahas raise no mound over a man who has been killed by lightning1 but bury him face downwards and with the soles of his feet split1 in the belief that he will then go to the spirit-land without giving further trouble to the living4#bbh ,the ,savage ,islanders pile heavy stones upon the grave to keep the ghost down4#bbi ,the ,cheremises believe that the ghosts cannot step over the fence-poles with which they surround the graves4#bcj ,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 dead1 we have reason to suspect that their original object was to keep off the ghost from the living4 ,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 haunt1 and the men beat the air with their spear-throwers4#bca ,the ,bondeis of ,east ,africa frighten the ghosts by beating drums4#bcb ,and at ,port ,moresby1 in ,new ,guinea1 when the church bell was first used1 the natives thanked the missionaries for having driven off numerous bands of ghosts4#bcc ,footnote #bba3 ,cf4 ,frazer1 in ,jour4 ,anthr4 ,inst4 xv4 #fd sq42 ,preuss1 op4 cit4 p4 #bib sq4 ,footnote #bbb3 ,monrad1 op4 cit4 p4 #ac4 ,footnote #bbc3 ,lffler1 ,den gottlndska ,taksteinar-sgnen1 p4 #e4 ,footnote #bbd3 ,hgstrm1 ,beskrifning fver de til ,sveriges ,krona lydande ,lapmarker1 p4 #bjg4 ,footnote #bbe3 ,roth1 op4 cit4 p4 #afe4 ,footnote #bbf3 ,castrn1 op4 cit4 iii4 #aba4 ,footnote #bbg3 ,cf4 ,frazer1 in ,jour4 ,anthr4 ,inst4 xv4 #fe sq42 ,preuss1 op4 cit4 p4 #bic4 ,footnote #bbh3 ,dorsey1 in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #dbj4 ,la ,flesche1 in ,jour4 ,american ,folk-,lore1 ii4 #aa4 ,footnote #bbi3 ,thomson1 ,savage ,island1 p4 #eb4 ,footnote #bcj3 ,castrn1 op4 cit4 iii4 #abb4 ,footnote #bca3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #ejf4 ,footnote #bcb3 ,dale1 in ,jour4 ,anthr4 ,inst4 xxv4 #bch4 ,footnote #bcc3 ,chalmers and ,gill1 ,work and ,adventure in ,new ,guinea1 p4 #bfj4 ,that the mourning fast is essentially a precaution taken by the survivors1 and not a tribute to the dead1 is obvious from what has been said in a previous chapter4#bcd ,when mourners mutilate1 cut1 or beat themselves1 the original object of their doing so seems often to be to ward off the #ede contagion of death4#bce ,among the ,bedouins of ,morocco women at funerals not only scratch their faces1 but also rub the wounds with cow-dung1 and cow-dung is regarded as a means of purification4 ,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 themselves2#bcf 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 then1 being a seat of contagion1 could not be used afterwards4 ,egede writes of the ,greenlanders1 ,if they have happened to touch a corpse1 they immediately cast away the clothes they have then on2 and for this reason they always put on their old clothes when they go to a burying1 in which they agree with the ,jews4#bcg ,there can1 finally1 be no doubt that the widespread prohibition of mentioning the name of a dead person#bch does not in the first instance arise from respect for the departed1 but from fear4 ,to name him is to summon him2 the ,indians of ,washington ,territory even change their own names when a relative dies1 because they think the spirits of the dead will come back if they hear the same name called that they were accustomed to hear #edf before death4#bci ,but apart from this1 a dead man's name itself is probably felt to be defiling1 or at all events produces an uncanny association of thought1 which even among ourselves makes many people reluctant to mention it4#bdj ,and to do so may also be a wrong to other persons who would be endangered thereby4 ,among the ,goajiro ,indians of ,colombia1 to mention a dead man before his relatives is a dreadful offence1 which is often punished even with death4#bda ,footnote #bcd3 ,supra1 ii4 #cjb sqq4 ,footnote #bce3 ,cf4 ,frazer1 ,golden ,bough1 i4 #cjb4 ,footnote #bcf3 ,frazer1 in ,jour4 ,anthr4 ,inst4 #gc4 ,idem1 ',folk-,lore in the ,old ,testament1' in ,anthropological ,essays presented to ,e4 ,b4 ,tylor1 p4 #aaj4 ,footnote #bcg3 ,egede1 op4 cit4 p4 #aig4 ,footnote #bch3 ,tylor1 ,researches into the ,early ,history of ,mankind1 p4 #add4 ,nyrop1 ',navnets magt1' in ,mindre afhandlinger udgivne af det philologisk-historiske samfund1 pp4 #adg-aea1 #aij sq4 and passim4 ,frazer1 ,golden ,bough1 i4 #dba sqq4 ,clodd1 ,tom ,tit ,tot1 p4 #aff sqq4 ,nansen1 ,eskimo ,life1 p4 #bcj sq4 7,greenlanders74 ,mller1 ,geschichte der ,amerikanischen ,urreligionen1 p4 #hd 7,north ,american ,indians74 ,bourke1 ',medicine-,men of the ,apache1' in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #dfb4 ,batchelor1 ,ainu and their ,folk-,lore1 p4 #bdb4 ,georgi1 op4 cit4 iii4 #bg1 #bh1 #bfb sq4 7,samoyedes and shamanistic peoples in ,siberia74 ,jackson1 in ,jour4 ,anthr4 ,inst4 xxiv4 #djf 7,samoyedes74 ,rivers1 ,todas1 p4 #fbe sqq4 ,crooke1 ,tribes and ,castes of the ,north-,western ,provinces1 i4 #aa 7,agariya1 a ,dravidian tribe71 von ,wlislocki1 ,volksglaube der ,zigeuner1 p4 #if 7,gypsies74 ,yseldijk1 in ,glimpses of the ,eastern ,archipelago1 p4 #db4 7,kotting1 in the island of ,flores74 ,roth1 ,north-,west-,central ,queensland ,aborigines1 p4 #afd4 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #dih4 ,fraser1 ,aborigines of ,new ,south ,wales1 p4 #hb4 ,thornton1 in ,hill and ,thornton1 ,aborigines of ,new ,south ,wales1 p4 #g4 ,fison and ,howitt1 op4 cit4 p4 #bdi 7,kurnai74 ,curr1 ,squatting in ,victoria1 p4 #bgb 7,bangerang74 ,hinde1 op4 cit4 p4 #ej 7,masai74 ,duveyrier1 ,exploration du ,sahara1 p4 #dae 7,touareg74 ,werner1 ',custom of ,hlonipa1' in ,jour4 ,african ,soc4 #aije1 ,april1 p4 #cdf 7,zulus74 ,footnote #bci3 ,swan1 ,residence in ,washington ,territory1 p4 #ahi4 ,footnote #bdj3 ,i had much difficulty in inducing my teacher in ,shelh4a1 a ,berber from the ,great ,atlas ,mountains1 to tell me the equivalent for illness in his own language2 and when he finally did so1 he spat immediately afterwards4 ,among the ,central ,australian ,arunta the older men will not look at the photograph of a deceased person 7,gillen1 ',aborigines of the ,mc,donnell ,ranges1' in ,report of the ,horn ,expedition1 iv4 ',anthropology1' p4 #afh74 ,footnote #bda3 ,simons1 ',exploration of the ,goajira ,peninsula1' in ,proceed4 ,roy4 ,geograph4 ,soc4 ,n4 ,s4 vii4 #gia4 ,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 death4 ,burial may also be genuinely intended to protect the body from beasts or birds2 and the same may be the case with mounds1 tombstones1 and enclosures4#bdb ,some savages are reported to burn the dead in order to prevent their bodies from falling into the hands of enemies1#bdc which might be bad both for the dead and for their friends1 as charms might be made from the corpses4#bdd ,moreover1 cremation does away with the slow process of transformation to which a dead body is naturally subject1 and this process is regarded not only as a danger to the living but also as painful to the deceased himself4#bde ,the same object may be achieved by exposing the corpse to wild animals4 ,and we should also remember that the putrefactive process #edg itself1 whether accompanied by any superstitious ideas or not1 is a sufficient motive for disposing of the dead body in some way or other--either by burial or cremation or exposure2 and if one method is held objectionable another will be resorted to4 ,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 soil2#bdf 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 them4 ,footnote #bdb3 ,cranz1 op4 cit4 i4 #bag 7,greenlanders74 ,turner1 in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #aib 7,hudson ,bay ,eskimo74 ,yarrow1 ibid4 i4 #ajb 7,wichita ,indians74 ,dunbar1 in ,magazine of ,american ,history1 viii4 #gcd 7,pawnee ,indians74 ,curr1 ,the ,australian ,race1 i4 #hg4 ,footnote #bdc3 ,hyades and ,deniker1 op4 cit4 vii4 #cgi 7,fuegians74 ,preuss1 op4 cit4 p4 #caj 7,seminole ,indians of ,florida74 ,footnote #bdd3 ,ralph1 quoted by ,hartland1 ,legend of ,perseus1 ii4 #dcg 7,haidahs of ,british ,columbia74 ,footnote #bde3 ,see ,hertz1 loc4 cit4 p4 #ga4 ,footnote #bdf3 ,thomson1 ,through ,masai ,land1 p4 #bei4 ,again1 as for the mutilations and self-inflicted wounds which accompany funerals1 ,i have suggested in a previous chapter that they may be partly practised for the purpose of refreshing the departed soul with human blood2#bdg or1 as ,dr4 ,hirn observes1 they may be instinctive efforts to procure that relief from overpowering feelings which is afforded by pain and the subsequent exhaustion4#bdh ,the reluctance to name the dead may1 in some measure1 be traced to a natural unwillingness in his old friends to revive past sorrows4#bdi ,and with reference to the mourning apparel1 ,dr4 de ,groot believes--if rightly or wrongly ,i am not in a position to decide--that1 so far as ,china is concerned1 it originated in the custom of sacrificing to the dead the clothes on one's own back4 ,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 dressed4#bej ,footnote #bdg3 ,supra1 i4 #dgf4 ,footnote #bdh3 ,hirn1 ,origins of ,art1 p4 #ff sq4 ,footnote #bdi3 ,fison and ,howitt1 op4 cit4 p4 #bdi 7,kurnai74 ,frazer1 ,golden ,bough1 i4 #dbb4 ,footnote #bej3 de ,groot1 op4 cit4 7vol4 ii4 book7 i4 #dge sq4 ,there are several reasons why practices connected with death which originally sprang from self-regarding motives have come to be enjoined as duties4 ,we have first to remember the various factors mentioned above#bea which tend to make self-regarding conduct a matter of moral concern4 #edh ,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 individual1 and1 indeed1 to an individual who is supposed to reward benefits bestowed upon him or at all events to resent injuries and neglect4 ,these punishments and rewards sent by the departed soul are all the more readily recognised to be well deserved1 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 survivors4 ,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 them4 ,the dead are not only beings whom it is dangerous to offend and useful to please1 but they are also very easily duped4 ,no wonder therefore that the living are anxious to put the most amiable interpretation upon their conduct1 trying to persuade the ghost1 as also one another1 that they do what they do for his benefit1 not for their own4 ,it is better for him to have rest in his grave than to wander about on earth unhappy and homeless4 ,it is better for him to enjoy the heat of the flames than to suffer from the cold of an arctic climate4 ,it is better for him to be eaten by an animal--say1 a beautiful dog or a hyna sent by ,god--than to lie and rot in the open air4 ,and all the mourning customs1 what are they if not tokens of grief8 ,moreover1 if the corpse is not properly disposed of or any funeral or mourning rite calculated to keep off the ghost is not observed1 the dead man will easily do harm to the survivors4 ,and does not this indicate that they have been neglectful of their duties to him8 ,footnote #bea3 ,supra1 ii4 #bff sq4 ,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 strangers4 ,a departed stranger is not generally an object of either pity or fear4 ,he expects attention from his own people only1 he haunts his own home4 ,but he may of course be dangerous to #edi anybody who directly offends him1 for instance by inflicting an injury upon his body1 or to people who live in the vicinity of his grave4 ,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 warriors4#beb ,so also the differences in the treatment of the dead which depend upon age1 sex1 and social position are no doubt closely connected with variations in the feelings of sympathy1 respect1 or fear1#bec although in many cases we are unable to explain those differences in detail4 ,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 death2#bed 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 old1 the reason seems to be that such children are hardly supposed to possess a soul4#bee ,we may assume that the special treatment to which the bodies of criminals are subject is due not only to indignation but1 in some instances at least1 to fear of their ghosts4 ,and we have noticed above that suicides1 murdered persons1 and those struck with lightning are sometimes left unburied because no one dares to interfere with their bodies1 or perhaps in order to prevent them from mixing with the other dead4#bef ,footnote #beb3 ,prain1 ',angami ,nagas1' in ,revue coloniale internationale1 v4 #dic4 ,footnote #bec3 ,cf4 ,hertz1 loc4 cit4 pp4 #abb1 #acb sqq4 ,footnote #bed3 ,curr1 ,the ,australian ,race1 i4 #hi4 ,footnote #bee3 ,macdonald1 ,africana1 i4 #fh4 ,footnote #bef3 ,supra1 ii4 #bch sq4 ,it should finally be noticed that the duties to the departed become less stringent as time goes on4 ,as ,dr4 ,hertz has recently shown1 the fear of the dead is greatest as long as the process of decomposition lasts and till the second funeral is performed1 and this ceremony brings the period of mourning to an end4#beg ,moreover1 the dead are gradually less and less thought of1 they appear less frequently in dreams and visions1 the affection for them fades away1 and1 being forgotten1 they are no longer feared4 ,the ,chinese say that ghosts are much more #eej liable to appear very shortly after death1 than at any other period4#beh ,the natives of ,australia are only afraid of the spirits of men who have lately died4#bei ,in the course of time savages also become more willing to speak of their dead4#bfj ,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 ,souls1 it may be that some of them escape this fate1 and1 instead of being ignored1 are raised to the rank of gods4 ,footnote #beg3 ,hertz1 loc4 cit4 passim4 ,footnote #beh3 ,dennys1 op4 cit4 p4 #gf4 ,footnote #bei3 ,curr1 ,the ,australian ,race1 i4 #dd1 #hg4 ,lumholtz1 ,among ,cannibals1 p4 #bgi 7,northern ,queensland aborigines74 ,footnote #bfj3 ,tout1 ',ethnology of the ,stlatlumh of ,british ,columbia1' in ,jour4 ,anthr4 ,inst4 xxxv4 #ach4 ,bourke1 ',medicine-,men of the ,apache1' in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #dfb4 ,frazer1 ,golden ,bough1 i4 #dca sqq4 99 99 99 99 99 ,progress in intellectual culture has a tendency to affect the notions of death4 ,the change involved in it appears greater4 ,the soul1 if still thought to survive the death of the body1 is more distinctly separated from it2 it is rid of all sensuous desires1 as also of all earthly interests4 ,duties to the dead which arose from the old ideas may still be maintained1 but their meaning is changed4 ,thus the funeral sacrifice may be continued as a mark of respect or affection4 ,in ,melanesia1 for instance1 at the death-meals which follow upon funerals or begin before them1 and which still form one of the principal institutions of the natives1 a piece of food is put aside for the dead4 ,it is readily denied now1 says ,dr4 ,codrington1 that the dead 4 4 4 are thought to come and eat the food1 which they say is given as a friendly remembrance only1 and in the way of associating together those whom death has separated4#bfa ,in many cases the offerings made to the dead have become alms given to the poor1 just as has been the case with sacrifices offered to gods2#bfb and this almsgiving is undoubtedly looked upon as a duty to the dead4 ,among the ,omahas goods are collected from the kindred of the dead between the death and the funeral1 and when the body has been deposited in the grave they #eea are brought forth and equally divided among the poor who are assembled on the spot4#bfc ,at a ,hindu funeral in ,sindh1 on the road to the burning place1 the relatives of the dead throw dry dates into the air over the corpse2 these are considered as a kind of alms and are left to the poor4#bfd ,among some peoples of ,malabar1 at the rddha1 or yearly anniversary of a death1 not less than three ,brahmins are well fed and presented with money and cloth2#bfe and according to ,brahmanism the rddha is a debt which is transferred from one generation to another1 and on the payment of which depends the happiness of the dead in the next life4#bff ,among ,muhammedans alms1 generally consisting of food1 are distributed in connection with a death in order to confer merits upon the deceased4#bfg ,thus in ,morocco bread or dried fruits are given to the poor who are assembled at the grave-side on the day of the funeral1 as also on the third and sometimes on the fortieth day after it1 on the tenth day of ,muh4arram1 and in many parts of the country on other feast-days as well1 when the graves are visited by relatives of the dead4 ,these alms are obviously survivals of offerings to the dead themselves4 ,while residing among the ,bedouins of ,dukkla1 ,i was told that if the funeral meal were omitted the dead man's mouth would be filled with earth2 and it is a common custom among the ,moors that1 if a dead person appears in a dream complaining of hunger or thirst1 food or drink is at once given to some poor people4 ,among the ,christians1 in former days1 alms were distributed in the church when1 soon after a death or on the anniversary of a death1 the sacrifice of the mass was offered2 and alms were also given at funerals and at graves1 in the hope that their merit might be of advantage to the deceased4#bfh ,at ,mykonos1 in the ,cyclades1 on some fixed days after the #eeb burial a dish consisting of boiled wheat adorned with sugar plums or other delicacy is put on the tomb1 and finally distributed to the poor at the church door2#bfi 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 candle4#bgj ,the supposed conferring of merits upon the dead and the prayers on their behalf1 so common both in ,christianity and ,muhammedanism1 are the last remains of a series of customs by means of which the living have endeavoured to benefit their departed friends4 ,footnote #bfa3 ,codrington1 ,melanesians1 p4 #bga sq4 ,cf4 ibid4 p4 #abh4 ,footnote #bfb3 ,supra1 i4 #efe sqq4 ,footnote #bfc3 ,la ,flesche1 in ,jour4 ,american ,folk-,lore1 ii4 #h sqq4 ,footnote #bfd3 ,burton1 ,sindh1 p4 #cej4 ,footnote #bfe3 ,fawcett1 ',notes on some of the ,people of ,malabar1' in the ,madras ,government ,museum's ,bulletin1 iii4 #ga4 ,footnote #bff3 ,barth1 ,religions of ,india1 p4 #eb4 ,footnote #bfg3 ,garnett1 ,women of ,turkey1 ii4 #dif4 ,lane1 ,modern ,egyptians1 p4 #ecj4 ,certeux and ,carnoy1 ,l',algrie traditionelle1 p4 #bbj4 ,footnote #bfh3 ,uhlhorn1 ,die christliche ,liebesthtigkeit1 i4 #bha4 ,footnote #bfi3 ,bent1 ,cyclades1 p4 #bba sq4 ,footnote #bgj3 ,ralston1 op4 cit4 p4 #aag4 ,but even when the dead are no longer believed to be in need of human care1 nay1 though death be thought to put an end to existence1 there are still duties1 if not to the dead1 at all events to those who were once alive4 ,a person may be wronged by an act which he can no longer feel4 ,there are rights that are in force not only during his lifetime but after his death4 ,a given promise is not buried with him to whom it was made4 ,a dead man's will is binding4 ,his memory is protected against calumny4 ,these rights have the same foundation as all other rights3 the feelings of the person himself and the claims of others that his feelings shall be respected4 ,we have wishes with regard to the future when we live no more4 ,we take an interest in persons and things that survive us4 ,we desire to leave behind a spotless name4 ,and the sympathy felt for us by our fellow men will last when we ourselves are gone4 ,,chapter ,,xlvi ,,cannibalism ,,before we take leave of the dead we have still to consider the practice of eating them4 ,habitual cannibalism1 permitted or in some cases enjoined by custom1 has been met with in a large number of savage tribes and1 as a religious or magical rite1 among several peoples of culture4 ,it is1 or has been1 particularly prevalent in the ,south ,sea ,islands1 ,australia1 ,central ,africa1 and ,south and ,central ,america4 ,but it has also been found among various ,north ,american ,indians1 in certain tribes of the ,malay ,archipelago1 and among a few peoples on the ,asiatic continent4 ,and it is proved to have occurred in many parts of ,europe4#a ,footnote #a3 ,for the prevalence and extenson of cannibalism99991 see ,andree1 ,die ,anthropophagie1 p4 #a sqq42 ,bergemann1 ,die ,verbreitung der ,anthropophagie1 p4 #e sqq42 ,steinmetz1 ,endokannibalismus1 p4 #b sqq42 ,schneider1 ,die ,naturvlker1 i4 #aba sqq42 ,letourneau1 ,l'volution de la morale1 p4 #hb sqq42 ,ritson1 ,abstinence from ,animal ,food1 p4 #abe sqq42 ,hartland1 ,legend of ,perseus1 ii4 #bgi sqq42 ,schaafhausen1 ',die ,menschenfresserei und das ,menschenopfer1' in ,archiv f4 ,anthropologie1 iv4 #bdh sqq42 ,henkenius1 ',verbreitung der ,anthropophagie1' in ,deutsche ,rundschau f4 ,geographie u4 ,statistik1 xv4 #cdh sqq42 de ,nadaillac1 ',l',anthropophagie et les sacrifices humains1' in ,revue des ,deux ,mondes1 lxvi4 #djf sqq42 ,idem1 in ,bulletins de la ,soc4 d',anthrop4 de ,paris1 #ahhh1 p4 #bg sqq42 ,dorman1 ,origin of ,primitive ,superstitions1 p4 #ade sqq4 7,american aborigines72 ,koch1 ',die ,anthropophagie der sdamerikanischen ,indianer1' in ,internationales ,archiv f4 ,ethnographie1 xii4 #hd sqq42 ,preuss1 ,die ,begrbnisarten der ,amerikaner und ,nordostasiaten1 p4 #bag sqq42 ,vos1 ',die ,verbreitung der ,anthropophagie auf dem asiatischen ,festlande1' in ,intern4 ,archiv f4 ,ethnogr4 iii4 #fi sqq42 de ,groot1 ,religious ,system of ,china1 7vol4 iv4 book7 ii4 #cfc sqq42 ,hbbe-,schleiden1 ,ethiopien1 p4 #bji sqq42 ,matiegka1 ',anthropophagie in der prhistorischen ,ansiedlung bei ,knovize und in der prhistorischen ,zeit berhaupt1' in ,mittheil4 d4 ,anthrop4 ,gesellsch4 in ,wien1 xxvi4 #abi sqq42 ,wood-,martin1 ,traces of the ,elder ,faiths of ,ireland1 ii4 #bhf sqq4 #eed ,sometimes the whole body is eaten1 with the exception of the bones1 sometimes only a part of it1 as the liver or the heart4 ,frequently the victim is an enemy or a member of a foreign tribe1 but he may also be a relative or fellow tribesman4 ,among various savages exo- and endo-anthropophagy prevail simultaneously2 but many cannibals restrict themselves to eating strangers1 slain enemies1 or captives taken in war1 whereas others eat their own people in preference to strangers1 or are exclusively endo-anthropophagous4 ,thus the ,birhors of the ,central ,provinces of ,india are said to eat their aged relatives1 but to abhor any other form of cannibalism2#b and in certain ,australian tribes it is not the dead bodies of slain enemies that are eaten1 but the bodies of friends1 the former being left where they fell4#c ,sometimes people feed on the corpses of such kinsmen as have happened to die1 sometimes they kill and eat their old folks1 sometimes parents eat their children1 sometimes criminals are eaten by the other members of their own community4 ,the ,australian ,dieyerie have a fixed order in which they partake of their dead relatives3--,the mother eats of her children4 ,the children eat of their mother4 ,brothers-in-law and sisters-in-law eat of each other4 ,uncles1 aunts1 nephews1 nieces1 grandchildren1 grandfathers1 and grandmothers eat of each other4 ,but the father does not eat of his offspring1 or the offspring of the sire4#d ,among some peoples cannibalism is an exclusively masculine custom1 the women being forbidden to eat human flesh1 except perhaps in quite exceptional circumstances4#e ,footnote #b3 ,dalton1 ,ethnology of ,bengal1 p4 #bbj sq4 ,footnote #c3 ,palmer1 ',some ,australian ,tribes1' in ,jour4 ,anthr4 ,inst4 xiii4 #bhc2 ,fraser1 ,aborigines of ,new ,south ,wales1 p4 #ef2 ,howitt1 ,native ,tribes of ,south-,east ,australia1 p4 #gec 7,queensland aborigines74 ,dawson1 ,australian ,aborigines1 p4 #fg 7tribes of ,western ,victoria74 ,footnote #d3 ,gason1 ',dieyerie ,tribe1' in ,woods1 ,native ,tribes of ,south ,australia1 p4 #bgd4 ,footnote #e3 ,coquilhat1 ,sur le ,haut-,congo1 p4 #bgd 7,bangala74 ,torday and ,joyce1 ',ethnography of the ,ba-,mbala1' in ,jour4 ,anthr4 ,inst4 xxxv4 #djc sq4 ,iidem1 ',ethnography of the ,ba-,huana1' ibid4 xxxvi4 #bgi4 ,reade1 ,savage ,africa1 p4 #aeh 7,west ,equatorial ,africans74 ,thomson1 ,story of ,new ,zealand1 i4 #ade2 ,best1 ',art of ,war1 as conducted by the ,maori1' in ,jour4 ,polynesian ,soc4 xi4 #ga 7some of the ,maoris74 von ,langsdorf1 op4 cit4 i4 #acd 7,nukahivans74 ,erskine1 ,cruise among the ,islands of ,western ,pacific1 p4 #bfj 7,fijians74 ,spencer and ,gillen1 ,northern ,tribes of ,central ,australia1 p4 #edh4 ,with reference to the natives of ,australia ,mr4 ,curr says 7,the ,australian ,race1 i4 #gg7 that human flesh seems to have been entirely forbidden to females2 but this certainly does not hold true of all the ,australian tribes4 #eee ,the practice of cannibalism may be traced to many different sources4 9999,it often springs from scarcity or lack of animal food4#f ,in the ,south ,sea ,islands1 according to ,ellis1 the cravings of nature1 and the pangs of famine1 often led to this unnatural crime4#g ,the ,nukahivans1 who were in the habit of eating their enemies slain in battle1 also killed and ate their wives and children in times of scarcity1 but not unless forced to it by the utmost necessity4#h ,hunger has been represented as the motive for cannibalism in some ,north and ,west ,australian tribes1 parents sometimes consuming even their own children when food is scarce4#i ,the ,indians north of ,lake ,superior often resorted to the eating of human flesh when hard pressed by their enemies or during a famine4#aj ,among the ,hudson ,bay ,eskimo instances are reported where1 in times of great scarcity1 families have been driven to cannibalism after eating their dogs and the clothing and other articles made of skins4#aa ,footnote #f3 ,bergemann1 op4 cit4 p4 #dh4 de ,nadaillac1 in ,bull4 ,soc4 d',anthr4 #ahhh1 p4 #bg sqq4 ,idem1 in ,revue des ,deux ,mondes1 lxvi4 #dbh sq4 ,steinmetz1 ,endokannibalismus1 p4 #be sqq4 ,lippert1 ,kulturgeschichte der ,menschheit1 ii4 #bha sqq4 ,henkenius1 loc4 cit4 p4 #cdh sq4 ,letourneau1 ,l'volution de la ,morale1 p4 #ig4 ,matiegka1 loc4 cit4 p4 #acf4 ,hbbe-,schleiden1 ,ethiopien1 p4 #baf sq4 ,rochas1 ,la ,nouvelle ,caldonie1 p4 #cjd sq4 ,footnote #g3 ,ellis1 ,polynesian ,researches1 i4 #cei4 ,footnote #h3 von ,langsdorf1 op4 cit4 i4 #add4 ,footnote #i3 ,lumholtz1 ,among ,cannibals1 p4 #acd4 ,nisbet1 ,a ,colonial ,tramp1 ii4 #adc4 ,oldfield1 ',aborigines of ,australia1' in ,trans4 ,ethn4 ,soc4 ,n4,s4 iii4 #bhe4 ,in hard summers the new-born babies were all eaten by the ,kaura tribe in the neighbourhood of ,adelaide 7,howitt1 op4 cit4 p4 #gdi74 ,footnote #aj3 ,warren1 in ,schoolcraft1 ,indian ,tribes of the ,united ,states1 ii4 #adf4 ,footnote #aa3 ,turner1 ',ethnology of the ,ungava ,district1' in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #ahg4 ,but whilst among some peoples starvation is the only inducement to cannibalism1 there are others who can plead no such motive for their anthropophagous habits4 ,the ,fijians1 until lately some of the greatest man-eaters on earth1 inhabit a country where food of every kind abounds4#ab ,the ,brazilian cannibals generally have a great #eef plenty of game or fish4#ac ,in ,africa cannibalism prevails in many countries which are well supplied with food4#ad ,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 eat1 although their land is well provided with a variety of vegetable food and domestic animals1 to say nothing of the incredible abundance of fish in its lakes and rivers4#ae ,of the cave-cannibals in the ,trans-,gariep ,country1 in ,south ,africa1 a traveller remarks with some surprise3--,they were inhabiting a fine agricultural tract of country1 which also abounded in game4 ,notwithstanding this1 they were not contented with hunting and feeding upon their enemies1 but preyed much upon each other also1 for many of their captures were made from amongst the people of their own tribe4#af ,far from being an article of food resorted to in emergency only1 human flesh is not seldom sought for as a delicacy4#ag ,the highest praise which the ,fijians could bestow on a dainty was to say that it was tender as a dead man4#ah ,in various other islands of the ,south ,seas human flesh is spoken of as a delicious food1 far superior to pork4#ai ,the #eeg ,australian ,kurnai said that it tasted better than beef4#bj ,in some tribes in ,australia a plump child is considered a sweet mouthful1 and1 in the absence of the mother1 clubs in the hands of a few wilful men will soon lay it low4#ba ,of certain natives of ,northern ,queensland we are told that the greatest incentive to taking life is their appetite for human flesh1 as they know no greater luxury than the flesh of a black man4#bb ,footnote #ab3 ,williams and ,calvert1 ,fiji1 p4 #ahb4 ,erskine4 op4 cit4 p4 #bfb4 ,footnote #ac3 von ,martius1 ,beitrge zur ,ethnographie ,amerika's1 i4 #ech4 ,koch1 loc4 cit4 p4 #hg4 de ,nadaillac1 in ,bull4 ,soc4 d',anthr4 #ahhh1 p4 #cj sq4 ,footnote #ad3 ,johnston1 ',ethics of ,cannibalism1' in ,fortnightly ,review1 ,n4,s4 xlv4 #bj sqq4 ,hbbe-,schleiden1 ,ethiopien1 p4 #bab4 de ,nadaillac1 in ,bull4 ,soc4 d',anthr4 #ahhh1 p4 #cb sq4 ,footnote #ae3 ,coquilhat1 op4 cit4 pp4 #bga1 #bgc4 ,johnston1 in ,fortnightly ,review1 ,n4,s4 xlv4 #bj4 ,footnote #af3 ,layland1 quoted by ,burton1 ,two ,trips to ,gorilla ,land1 i4 #baf4 ,footnote #ag3 ,bergemann1 op4 cit4 p4 #di sq4 von ,langsdorf1 op4 cit4 i4 #ada4 ,hbbe-,schleiden1 ,ethiopien1 p4 #bah4 ,johnston1 in ,fortnightly ,review1 ,n4,s4 xlv4 #bj sqq4 7various ,african peoples74 ,kingsley1 ,travels in ,west ,africa1 p4 #ccj 7,fans74 ,reade1 op4 cit4 p4 #aeh 7,west ,equatorial ,africans74 ,coquilhat1 op4 cit4 p4 #bga 7,bangala74 ,torday and ,joyce1 ',ba-,mbala1' in ,jour4 ,anthr4 ,inst4 xxxv4 #djd4 ,iidem1 ',ba-,huana1' ibid4 xxxvi4 #bgi4 ,footnote #ah3 ,wilkes1 ,u4 ,s4 ,exploring ,expedition1 iii4 #aja4 ,cf4 ,williams and ,calvert1 op4 cit4 pp4 #age1 #agh1 #aie4 ,footnote #ai3 ,romilly1 ,western ,pacific1 p4 #ei 7,new ,irelanders74 ,idem1 ,from my ,verandah in ,new ,guinea1 p4 #fe4 ,brenchley1 ,cruise of ,h4,m4,s4 ,curaoa1 p4 #bji2 ,turner1 ,samoa1 p4 #cac 7natives of ,tana1 in the ,new ,hebrides74 ,cf4 ibid4 p4 #cdd 7,new ,caledonians72 ,hale1 ,u4 ,s4 ,exploring ,expedition4 ,vol4 ,,vi4 ,ethnography and ,philology1 p4 #ci 7,polynesians74 ,the ,bataks of ,sumatra likewise consider human flesh even better than pork 7,junghuhn1 ,die ,battalnder auf ,sumatra1 ii4 #afj sq474 ,for the high appreciation of its taste see also ,marco ,polo1 ,book concerning the ,kingdoms and ,marvels of the ,east1 ii4 #agi 7hill people in ,fokien71 #bji 7,islanders in the ,seas of ,china72 ,schaafhausen1 loc4 cit4 p4 #bdg sq42 ,matiegka1 loc4 cit4 p4 #acf1 n4 #c4 ,footnote #bj3 ,howitt1 op4 cit4 p4 #geb4 ,footnote #ba3 ,fraser1 ,aborigines of ,new ,south ,wales1 pp4 #c1 #eg4 ,footnote #bb3 ,lumholtz1 op4 cit4 pp4 #aja1 #bga4 ,however1 bodily appetites1 whether hunger or gourmandise1 are by no means the sole motives for cannibalism4 ,very frequently it is described as an act of revenge4#bc ,the ,typees of the ,marquesas ,islands1 according to ,melville1 are cannibals only when they seek to gratify the passion of revenge upon their foes4#bd ,the cannibalism of the ,solomon ,islanders seems mainly to have been an expression of the deepest humiliation to which they could make a person subject4#be ,the ,samoans affirmed that1 when in some of their wars a body was occasionally cooked1 it was always some one of the enemy who had been notorious for provocation or cruelty1 and that eating a part of his body was considered the climax of hatred and revenge1 and was not occasioned by the mere relish for human flesh4 ,to speak of roasting #eeh him is the very worst language that can be addressed to a ,samoan1 and if applied to a chief of importance1 he may raise war to avenge the insult4#bf ,among the ,maoris human flesh was frequently eaten from motives of revenge and hatred1 to cast disgrace on the person eaten1 and to strike terror4 ,it was such a disgrace for a ,new ,zealander to have his body eaten1 that if crews of ,englishmen and ,new ,zealanders1 all friends1 were dying of starvation in separate ships1 the ,english might resort to cannibalism1 but the ,new ,zealanders never would4#bg ,even in ,fiji1 where cannibalism was largely indulged in for the mere pleasure of eating human flesh as food1 revenge is said to have been the chief motive for it4#bh ,thus1 in any transaction where the national honour had to be avenged1 it was incumbent upon the king and principal chiefs--in fact1 a duty they owed to their exalted station--to avenge the insult offered to the country by eating the perpetrators of it4#bi ,footnote #bc3 ,ellis1 ,polynesian ,researches1 i4 #caj 7,tahitians74 von ,langsdorf1 op4 cit4 i4 #adi 7,nukahivans74 ,forster1 ,voyage round the ,world1 ii4 #cae 7natives of ,tana and generally74 ,powell1 ,wanderings in a ,wild ,country1 p4 #bdh 7natives of ,new ,britain and ,new ,ireland74 ,howitt1 ,natives of ,south-,east ,australia1 pp4 #bdg1 #gea4 ,marsden1 ,history of ,sumatra1 p4 #cia2 ,buning1 in ,glimpses of the ,eastern ,archipelago1 p4 #gd sq42 ,junghuhn4 op4 cit4 ii4 #aef1 #afj 7,bataks74 de ,groot1 op4 cit4 7vol4 iv4 book7 ii4 #cfi sqq4 7ancient ,chinese74 ,schneider1 ,die ,religion der afrikanischen ,naturvlker1 p4 #bjh sq4 7,negroes74 ,burton1 ,two ,trips to ,gorilla ,land1 i4 #baf 7natives of ,bonny and ,new ,calabar74 ,mller1 ,geschichte der ,amerikanischen ,urreligionen1 p4 #ade sq4 ,carver1 ,travels through the ,interior ,parts of ,north ,america1 p4 #cjc sq4 7,naudowessies74 ,keating1 ,expedition to the ,source of ,st4 ,peter's ,river1 i4 #ajd 7,potawatomis74 ,koch1 loc4 cit4 pp4 #hg1 #hi sqq4 7,south ,american tribes74 von ,humboldt1 ,travels to the ,equinoctial ,regions of the ,new ,continent1 v4 #dba 7,indians of ,guyana74 ,wied-,neuwied1 ,reise nach ,brasilien1 ii4 #ej 7,botocudos and some other ,brazilian tribes74 ,lomonaco1 ',sulle razze indigene del ,brasile1' in ,archivio per l'antropologia e la etnologia1 xix4 #eh 7,tupis74 ,andree1 op4 cit4 p4 #ajb sq4 and passim4 ,footnote #bd3 ,melville1 ,typee1 p4 #aha4 ,footnote #be3 ,parkinson1 ,zur ,ethnographie der nordwestlichen ,salomo ,inseln1 p4 #ad4 ,footnote #bf3 ,turner1 ,nineteen ,years in ,polynesia1 p4 #aid4 ,cf4 ,pritchard1 ,polynesian ,reminiscences1 p4 #abe sq4 ,footnote #bg3 ,thomson1 ,story of ,new ,zealand1 i4 #ada sqq4 ,yate1 ,account of ,new ,zealand1 p4 #abi4 ,dieffenbach1 ,travels in ,new ,zealand1 ii4 #abh4 ,taylor1 ,te ,ika a ,maui1 p4 #cec4 ,best1 in ,jour4 ,polynesian ,soc4 xi4 #ga sq4 ,footnote #bh3 ,wilkes1 op4 cit4 iii4 #aja4 ,williams and ,calvert1 op4 cit4 p4 #agh4 ,footnote #bi3 ,seemann1 ,viti1 p4 #aha4 ,the practice of eating criminals1 which is quite a common form of cannibalism1 seems to be largely due to revenge or indignation4#cj ,in ,lepers' ,island1 in the ,new ,hebrides1 the victims of it were not generally enemies who had been killed in fighting1 but it was a murderer or particularly detested enemy who was eaten1 in anger and to treat him ill4#ca ,among the ,bataks of ,sumatra offenders condemned for certain capital crimes1 such as atrocious murder1 treason1 and adultery1 were usually eaten by the injured persons and their friends with all the signs of angry passion4#cb ,but this form of cannibalism may also have another foundation4#cc ,if for any reason there is a desire to eat human flesh1 an unsympathetic being like a criminal is apt to be chosen as a victim4 #eei ,it is said that some of the ,line ,islanders in the ,south ,seas began their cannibalism by eating thieves and slaves4#cd ,in ,melanesia1 where human sacrifices were combined with the eating of bits of the victim1 advantage was taken of a crime1 or imputed crime1 to take a life and offer the man to some tindalo4#ce ,footnote #cj3 ,cf4 ,matiegka1 loc4 cit4 p4 #acg4 ,footnote #ca3 ,codrington1 ,melanesians1 p4 #cdd4 ,footnote #cb3 ,marsden1 op4 cit4 p4 #cia4 ,junghuhn1 op4 cit4 ii4 #aef sq4 ,footnote #cc3 ,see ,steinmetz1 op4 cit4 p4 #ee sq4 ,footnote #cd3 ,tutuila1 ',line ,islanders1' in ,jour4 ,polynesian ,soc4 i4 #bgj4 ,footnote #ce3 ,codrington1 op4 cit4 p4 #ace4 ,it has been questioned whether cannibalism can be a direct expression of hatred2#cf but for no good reason4 ,to eat a person is1 according to primitive ideas1 to annihilate him as an individual1#cg and we can readily imagine the triumphant feelings of a savage who has his enemy between his jaws4 ,the ,fijian eats in revenge even the vermin which bite him1 and when a thorn pricks him he picks it out of his flesh and eats it4#ch ,the ,cochin-,chinese express their deepest hatred of a person by saying1 ,i wish ,i could eat his liver or his flesh4#ci ,other people want to drink the blood of their enemies4 ,footnote #cf3 ,steinmetz1 op4 cit4 p4 #cc4 ,footnote #cg3 ,dieffenbach1 op4 cit4 ii4 #aah 7,maoris74 ,johnston1 in ,fortnightly ,review1 ,n4 ,s4 xlv4 #bg 7,negroes of the ,niger ,delta74 ,koch1 loc4 cit4 pp4 #hg1 #aji4 ,lippert1 ,der ,seelencult1 p4 #fi4 ,idem1 ,kulturgeschichte der ,menschheit1 ii4 #bhb sq4 ,footnote #ch3 ,pritchard1 op4 cit4 p4 #cga4 ,footnote #ci3 von ,langsdorf1 op4 cit4 i4 #adh4 ,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 protection1 as a method of making a dangerous individual harmless after death4#dj ,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 dead4#da ,in ,ashantee several of the hearts of the enemy are cut out by the fetish men who follow the army1 and the blood and small pieces being mixed 7with much ceremony and incantation7 with various consecrated herbs1 all those who have never killed an enemy before eat a portion1 for it is believed that if they did not1 their vigour and courage would be secretly wasted by the haunting spirit of the #efj deceased4#db ,in ,greenland a slain man is said to have the power to avenge himself upon the murderer by rushing into him1 which can only be prevented by eating a piece of his liver4#dc ,many cannibals are in the habit of consuming that part of a slain enemy which is supposed to contain his soul or courage or strength1 and one reason for this practice may be the wish to render him incapable of doing further harm4 ,queensland natives eat the kidneys of the persons whom they have killed1 believing that the kidneys are the centre of life4#dd ,among the ,maoris a chief was often satisfied with the left eye of his enemy1 which they considered to be the seat of the soul2 or they drank the blood from a corresponding belief2#de or in the case of a blood feud the heart of the enemy1 representing the vital essence of him1 was eaten to fix or make firm the victory and the courage of the victor4#df ,other peoples likewise eat the hearts or suck the brains of their foes4 ,footnote #dj3 ,cf4 ,lippert1 ,kulturgeschichte der ,menschheit1 ii4 #bhb2 ,koch1 loc4 cit4 pp4 #hg1 #aji4 ,footnote #da3 ,featherman1 ,social ,history of ,mankind1 ',chiapo- and ,guarano-,maranonians1' p4 #cee4 ,footnote #db3 ,bowdich1 ,mission to ,ashantee1 p4 #cjj4 ,footnote #dc3 ,rink1 ,tales and ,traditions of the ,eskimo1 p4 #de4 ,footnote #dd3 ,lumholtz1 op4 cit4 p4 #bgb4 ,footnote #de3 ,dieffenbach1 op4 cit4 ii4 #abh sq4 ,footnote #df3 ,best1 in ,jour4 ,polynesian ,soc4 xii4 #hc1 #adg4 ,moreover1 by eating the supposed seat of a certain quality in his enemy the cannibal thinks not only that he deprives his victim of that quality1 but also that he incorporates it with his own system4#dg ,in many cases this is the chief or the only reason for the practice of cannibalism4 ,the ,shoshone ,indians supposed that they became animated by the heroic spirit of a fallen foe if they partook of his flesh4#dh ,among the ,hurons1 if an enemy had shown courage1 his heart1 roasted and cut into small pieces1 #efa was given to the young men and boys to eat4#di ,the ,e7we-speaking peoples of the ,slave ,coast used to eat the hearts of foes remarkable for sagacity1 holding that the heart is the seat of the intellect as well as of courage4#ej ,among the ,kimbunda of ,south-,western ,africa1 when a new king succeeds to the throne1 a brave prisoner of war is killed in order that the king and nobles may eat his flesh1 and so acquire his strength and courage4#ea ,the idea of transference very largely underlies ,australian cannibalism4#eb ,in some tribes enemies are consumed with a view to acquiring some part of their qualities and courage4#ec ,the ,dieyerie devour the fatty portions of their foes because they think it will impart strength to them4#ed ,and similar motives are often given for the practice of eating relatives or friends4 ,when a man is killed in one of the ceremonial fights in the tribes about ,maryborough1 in ,queensland1 his friends skin and eat him in the hope that his virtues as a warrior may go into those who partake of him4#ee ,among the natives of the ,river ,darling1 in ,new ,south ,wales1 a piece of flesh is cut from the dead body and taken to the camp1 and after being sun-dried is cut up into small pieces1 which are distributed among the relatives and friends of the deceased4 ,some of them use the piece in making a charm1 or throw it into the river to bring a flood and fish1 but others suck it to get strength and courage4#ef ,in certain ,central ,australian tribes1 when a party starts on an avenging expedition1 every man of it drinks some blood and also has some spurted over his body1 so as to make him lithe and active2 the elder men #efb indicate from whom the blood is to be drawn1 and the persons thus selected must not decline4#eg ,in certain ,south ,australian tribes cannibalism is only practised by old men and women1 who eat a baby in order to get the youngster's strength4#eh ,among other natives of the same continent1 as we have noticed above1 a mother used to kill and eat her first child1 as this was believed to strengthen her for later births4#ei ,and in various ,australian tribes it is1 or has been1 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 strong4#fj ,many of the ,brazilian ,indians are in the habit of burning the bones of their departed relatives1 and mix the ashes with a drink of which they partake for the purpose of absorbing their spirits or virtues4#fa ,dr4 ,couto de ,magalhes was informed that the savage ,chavantes eat their children who die1 in the hope of gathering again to their body the soul of the child4#fb ,footnote #dg3 ,blumentritt1 ',der ,ahnencultus der ,malaien des ,philippinen-,archipels1' in ,mittheil4 d4 kais4 u4 knig4 ,geograph4 ,gesellsch4 in ,wien1 xxv4 #aed 7,italones74 ,lewin1 ,wild ,races of ,south-,eastern ,india1 p4 #bfi 7,kukis74 de ,groot1 op4 cit4 7vol4 iv4 book7 ii4 #cgc sqq4 7ancient ,chinese74 ,schneider1 ,die ,religion der afrikanischen ,naturvlker1 p4 #bji sq4 7,negroes74 ,dorman1 op4 cit4 p4 #ade sq4 7,north ,american ,indians74 ,keating1 op4 cit4 i4 #ajd 7,potawatomis74 ,koch1 loc4 cit4 pp4 #hg1 #hi sqq41 #aji 7,south ,american ,indians74 ,andree1 op4 cit4 p4 #aja sq4 and passim4 ,lippert1 ,der ,seelencult1 p4 #gj sqq4 ,idem1 ,kulturgeschichte1 ii4 #bhb4 ,trumbull1 ,blood ,covenant1 p4 #abh sqq4 ,frazer1 ,golden ,bough1 ii4 #ceg sqq4 ,gomme1 ,ethnology in ,folklore1 p4 #aea sqq4 ,crawley1 ,mystic ,rose1 p4 #aja sqq4 ,footnote #dh3 ,featherman1 op4 cit4 ',aoneo-,maranonians1' p4 #bjf4 ,footnote #di3 ,parkman1 ,jesuits in ,north ,america1 p4 xxxix4 ,footnote #ej3 ,ellis1 ,e7we-speaking ,peoples of the ,slave ,coast1 p4 #ajj4 ,footnote #ea3 ,magyar1 ,reisen in ,sd-,afrika1 p4 #bgc4 ,footnote #eb3 ,fraser1 ,aborigines of ,new ,south ,wales1 pp4 #ef1 #ha4 ,brough ,smyth1 ,aborigines of ,victoria1 i4 p4 xxxviii4 ,howitt1 ',australian ,medicine ,men1' in ,jour4 ,anthr4 ,inst4 xvi4 #cj4 ,langloh ,parker1 ,euahlayi ,tribe1 p4 #ch4 ,gason1 ',dieyerie ,tribe1' in ,curr1 op4 cit4 ii4 #eb4 ,footnote #ec3 ,howitt1 ,native ,tribes of ,south-,east ,australia1 p4 #geb4 ,footnote #ed3 ,gason1 in ,jour4 ,anthr4 ,inst4 xxiv4 #agb4 ,footnote #ee3 ,howitt1 op4 cit4 p4 #gec4 ,mc,donald1',mode of ,preparing the ,dead among the ,natives of the ,upper ,mary ,river1 ,queensland1' in ,jour4 ,anthr4 ,inst4 ii4 #agi4 ,footnote #ef3 ,bonney1 ',aborigines of the ,river ,darling1' in ,jour4 ,anthr4 ,inst4 xiii4 #ace4 ,footnote #eg3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #dfa4 ,footnote #eh3 ,crauford1 in ,jour4 ,anthr4 ,inst4 xxiv4 #ahb4 ,footnote #ei3 ,supra1 i4 #deh4 ,footnote #fj3 ,howitt1 ,native ,tribes of ,south-,east ,australia1 p4 #gdi sq4 7all the tribes of the ,wotjo nation1 and the ,tatathi and other tribes on the ,murray ,river frontage74 ,stanbridge1 ',tribes in the ,central ,part of ,victoria1' in ,trans4 ,ethn4 ,soc4 ,london1 ,n4,s4 i4 #bhi4 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 pp4 #eb1 #dge 7,luritcha tribe74 ,footnote #fa3 ,wallace1 ,travels on the ,amazon1 p4 #dih 7,tarinas1 ,tucnos1 and some other tribes of the ,uaups74 ,coudreau1 ,la ,france quinoxiale1 ii4 #agc 7,cobbos1 of the ,uaups74 ,monteiro1 quoted by von ,spix and von ,martius1 ,reise in ,brasilien1 iii4 #abjg1 n4 99 7,jumnas74 ,koch1 loc4 cit4 p4 #hc sq4 ,dorman1 op4 cit4 p4 #aea4 ,footnote #fb3 ,couto de ,magalhes1 ,trabalho preparatorio para aproveitamento do selvagem e do solo por elle occupado no ,brazil--,o selvagem1 p4 #acb4 ,cf4 de ,castelnau1 ,expdition dans les parties centrales de l',amrique du ,sud1 iv4 #chb 7,camacas74 ,the belief in the principle of transference has also led to cannibalism in connection with human sacrifice and to the eating of man-gods4 ,at ,florida1 in the ,solomon ,islands1 human flesh was eaten in sacrifice only4#fc ,in ,hawaii1 aprs le sacrifice1 le peuple1 qui d'ailleurs ne fut jamais anthropophage1 pratiquait une sorte de communion en mangeant certaines parties de la victime4#fd ,in ,west ,equatorial ,africa1 according to ,mr4 ,winwood ,reade1 there are two kinds of cannibalism--the one is simply an #efc act of gourmandise1 the other is sacrificial and is performed by the priests1 whose office it is to eat a portion of the victims1 whether men1 goats1 or fowls4#fe ,and this sacrificial cannibalism is not restricted to the priests4 ,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 victims2#ff and among the ,aro people in ,southern ,nigeria the human victims offered to the god were eaten by all the people1 the flesh being distributed throughout their country4#fg ,the inhabitants of the province of ,caranque1 in ancient ,peru1 likewise consumed the flesh of those whom they sacrificed to their gods4#fh ,the ,aztecs ate parts of the human bodies whose blood had been poured out on the altar of sacrifice1#fi and so did the ,mayas4#gj ,in ,nicaragua the high-priests received the heart1 the king the feet and hands1 he who captured the victim took the thighs1 the entrails were given to the trumpeters1 and the rest was divided among the people4#ga ,in ancient ,india it was a prevalent opinion that he who offered a human victim in sacrifice should partake of its flesh2 though1 in opposition to this view1 it was also said that a man cannot be allowed1 much less required1 to eat human flesh4#gb ,the sacrificial form of cannibalism obviously springs from the idea that a victim offered to a supernatural being participates in his sanctity#gc and from the wish of the worshipper to transfer to himself something of its benign virtue4 ,so also the divine qualities of a man-god are supposed to be assimilated by the person #efd who eats his flesh or drinks his blood4#gd ,this was the idea of the early ,christians concerning the ,eucharist4 ,in the holy food they assumed a real bestowal of heavenly gifts1 a bodily self-communication of ,christ1 a miraculous implanting of divine life4 ,the partaking of the consecrated elements had no special relation to the forgiveness of sins2 but it strengthened faith and knowledge1 and1 especially1 it was the guarantee of eternal life1 because the body of ,christ was eternal4 ,the holy food was described as the medicine of immortality4#ge ,footnote #fc3 ,codrington1 op4 cit4 p4 #cdc4 ,see also ,geiseler1 ,die ,oster-,insel1 p4 #cj sq4 7,easter ,islanders74 ,footnote #fd3 ,remy1 ,ka ,mooolelo ,hawaii1 p4 xl4 ,footnote #fe3 ,reade1 op4 cit4 p4 #aeh4 ,see also ,schneider1 ,die ,religion der afrikanischen ,naturvlker1 p4 #bji sq4 ,footnote #ff3 ,mockler-,ferryman1 ,british ,nigeria1 p4 #bfa4 ,footnote #fg3 ,partridge1 ,cross ,river ,natives1 p4 #ei4 ,footnote #fh3 ,ranking1 ,researches on the ,conquest of ,peru1 p4 #hi4 ,footnote #fi3 ,prescott1 ,history of the ,conquest of ,mexico1 p4 #da4 ,rville1 ,hibbert ,lectures on the ,religions of ,mexico and ,peru1 p4 #hi4 ,bancroft1 ,native ,races of the ,pacific ,states1 ii4 #agf2 iii4 #ddc sq4 ,footnote #gj3 ,bancroft1 op4 cit4 ii4 #gbe4 ,footnote #ga3 ,ibid4 ii4 #gbe4 ,footnote #gb3 ,weber1 ',ueber ,menschenopfer bei den ,indern der vedischen ,zeit1' in ,indische ,streifen1 i4 #gb sq4 ,footnote #gc3 ,see supra1 i4 #dde sq4 ,footnote #gd3 ,see ,frazer1 ,golden ,bough1 ii4 #ceb1 #cec4 #cff4 ,footnote #ge3 ,harnack1 ,history of ,dogma1 i4 #baa2 ii4 #add sqq42 iv4 #bhf1 #bia1 #bid1 #bif1 #big1 #bii sq4 ,in various other instances human flesh or blood is supposed to have a supernatural or medicinal effect upon him who partakes of it4 ,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 corpse2 the ghost of the dead man would then join in a close friendship with the person who had eaten1 and would gratify him by afflicting any one against whom his ghostly power might be directed4#gf ,australian sorcerers are said to acquire their magic influence by eating human flesh4#gg ,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 bullet4#gh ,among the aborigines of ,tasmania a man's blood was often administered as a healing draught4#gi ,in ,china the heart1 the liver1 the gall1 and the blood of executed criminals are used for life-strengthening purposes2#hj thus at ,peking1 when a person has been executed by the sword1 certain large pith balls are steeped in the blood and1 under the name of blood-bread1 sold as a medicine for consumption4#ha ,tertullian speaks of those who at the gladiatorial shows1 for the cure of epilepsy1 #efe quaff with greedy thirst the blood of criminals slain in the arena1 as it flows fresh from the wound4#hb ,so also in ,christian ,europe the blood of criminals has been drunk as a remedy against epilepsy1 fever1 and other diseases4#hc ,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 lifetime2 the blood or life of a sound and strong individual might impart health to the sickly4 ,but the mystery of death would also give to the corpse a miraculous power of its own1 especially when combined with the horror or awe inspired by an executed felon4 ,footnote #gf3 ,codrington1 op4 cit4 p4 #bba sq4 ,footnote #gg3 ,eyre1 ,expeditions of ,discovery into ,central ,australia1 ii4 #bee4 ,footnote #gh3 ,baker1 ,ismaila1 p4 #cic4 ,footnote #gi3 ,bonwick1 ,daily ,life and ,origin of the ,tasmanians1 p4 #hi4 ,footnote #hj3 de ,groot1 op4 cit4 7vol4 iv4 book7 ii4 #cgg4 ,footnote #ha3 ,rennie1 quoted by ,yule1 in his translation of ,marco ,polo1 i4 #bge1 n4 #g4 ,footnote #hb3 ,tertullian1 ,apologeticus1 #i 7,migne1 ,patrologi cursus1 i4 #cba sq474 ,footnote #hc3 ,strack1 ,der ,blutaberglaube in der ,menschheit1 p4 #bg sqq4 ,wuttke1 ,der deutsche ,volksaberglaube der ,gegenwart1 #ahi sqq41 p4 #acg sq4 ,jahn1 ',ueber den ,zauber mit ,menschenblut1' in ,verhandl4 d4 ,berliner ,gesellsch4 f4 ,anthrop4 #ahhh1 p4 #acd sqq4 ,havelock ,ellis1 ,the ,criminal1 p4 #bhd4 ,peacock1 ',executed ,criminals and ,folk-,medicine1' in ,folk-,lore1 vii4 #bgj sq4 ,in other instances1 again1 the belief in the wonderful effects of cannibal practices may have originated in the notion that1 if a person or the essential part of him is eaten1 he ceases to exist even as a spirit1 or at all events loses his power of doing mischief4 ,among the ,indians of ,british ,guiana1 when a man is pointed out as the secret murderer of a relative who has died1 the avenger will shoot him through the back2 and if he happens to fall dead to the ground1 his corpse is dragged aside and buried in a shallow grave4 ,the third night the avenger goes to the grave and presses a pointed stick through the corpse2 and if on withdrawing the stick he finds blood on the end of it1 he tastes the blood in order to ward off any evil effects that might follow from the murder1 returning home appeased and apparently at ease4 ,but if it happens that the wounded individual is able to escape1 he charges his relatives to bury him after his death in some place where he cannot be found4 ,this is to punish the murderer for his deed1 inasmuch as the belief prevails that if he taste not the blood he must perish by madness4#hd ,in ,prussia it was a popular superstition that #eff if a murderer cut off1 roasted1 and ate a piece of his victim's body1 he would never after think of his deed4#he ,but by eating a part of the corpse a homicide may also protect himself against the vengeance of the survivors1 presumably because he has now absorbed their relative into his own system4#hf ,the natives of ,new ,britain eat their enemies and fix the leg and arm bones of the victims at the butt end of their spears1 believing that this not only gives them the strength of the man whose bones they carry but also makes them invulnerable by his relatives4#hg ,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 them4#hh ,in ,greenland the relatives of a murdered person1 when highly enraged1 will cut to pieces the body of the murderer and devour part of the heart or liver1 thinking thereby to disarm his relatives of all courage to attack them4#hi ,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 blood4#ij ,sometimes1 we are told1 cannibalism is even supposed to have a positively injurious effect upon the victim's relatives1 in accordance1 as it seems1 with the principle of sympathetic magic4 ,among the ,chukchi1 in the case of revenge for blood1 the slayers eat a little bit of the enemy's heart or liver1 supposing that they in this way cause the hearts of his kinsfolk to sicken4#ia ,footnote #hd3 ,bernau1 ,missionary ,labours in ,british ,guiana1 p4 #eg sq4 ,footnote #he3 von ,tettau and ,temme1 ,die ,volkssagen ,ostpreussens1 p4 #bfg4 ,footnote #hf3 ,cf4 ,hartland1 op4 cit4 ii4 #bde sq4 ,footnote #hg3 ,powell1 ,wanderings in a ,wild ,country1 p4 #ib4 ,footnote #hh3 ,castelnau1 ,expdition dans les parties centrales de l',amrique du ,sud1 iv4 #chb4 ,footnote #hi3 ,cranz1 ,history of ,greenland1 i4 #agh4 ,footnote #ij3 ,pasquarelli1 quoted by ,hartland1 op4 cit4 ii4 #bdf4 ,footnote #ia3 ,ratzel1 ,history of ,mankind1 ii4 #bab4 ,human flesh or blood is not only believed to impart certain qualities or beneficial magic energy to him who partakes of it1 but also serves as a means of transferring conditional curses from one person to another4 ,this ,i take to be the explanation of cannibalism as a covenant rite2 in a previous chapter ,i have tried to show that the #efg main principle underlying the blood-covenant is the idea that the transference of blood conveys to the person who drinks it1 or is inoculated with it1 a conditional curse which will injure or destroy him should he break his promise4#ib ,the drinking of human blood1 or of wine mixed with such blood1 has been a form of covenant among various ancient and medival peoples1 as well as among certain savages4#ic ,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 grave4#id ,in certain parts of ,africa1 again1 the partaking of human flesh1 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 bone1 constitutes a bond of union between strangers who are suspicious of one another or between former enemies1 or accompanies the making of a solemn declaration or the taking of an oath4#ie ,among the ,bambala1 a ,bantu tribe in the ,kasai1 south of the ,river ,congo1 cannibalism accompanies the ceremony by which a kind of alliance is established between chiefs of the same region4 ,the most powerful chief will invite the other chiefs of the neighbourhood to a meeting held on his territory1 in order to make a compact against bloodshed4 ,a slave is fattened for the occasion and killed by the host1 and the invited chiefs and their followers partake of the flesh4 ,participation in this banquet is taken as a pledge to prevent murder4 ,supposing that a chief1 after attending an assembly of this kind1 kills a slave1 every village which took part in the bond has the right to claim compensation1 and the murderer is sure to be completely ruined4#if ,footnote #ib3 ,supra1 ii4 #bjh4 ,footnote #ic3 ,strack1 op4 cit4 p4 #i sqq4 ,rhs1 ,handbuch der ,geschichte des ,mittelalters1 p4 #cbc4 ,supra1 ii4 #bjg sqq4 ,footnote #id3 ,krauss1 ',shnung der ,blutrache im ,herzgischen1' in ,am ,ur-,quell1 ,n4,f4 i4 #aif4 ,footnote #ie3 ,johnston1 in ,fortnightly ,review1 ,n4,s4 xlv4 #bh4 ,footnote #if3 ,torday and ,joyce1 in ,jour4 ,anthr4 ,inst4 xxxv4 #djd1 #dji4 ,for the practice of eating relatives or friends1 finally1 some special reasons are given besides those already mentioned4#efh ,it is represented as a mark of affection or respect for the dead1#ig as an act which benefits not only the person who eats but also him who is eaten4 ,the reason which the ,australian ,dieyerie assign for their endo-anthropophagy is1 that should they not eat their relatives they would be perpetually crying and become a nuisance to the camp4#ih ,the natives of the ,boulia district1 ,queensland1 among whom children that die suddenly are partly eaten by the parents and their blood brothers and sisters1 say that putting them along hole would make them think too much about their beloved little ones4#ii ,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 present2 and the motive stated is that they ate him because they knew him and were fond of him1 and they now knew where he was1 and his flesh would not stink4#ajj ,the ,bataks of ,sumatra declared that they frequently ate their own relatives when aged and infirm1 not so much to gratify their appetite1 as to perform a pious ceremony4#aja ,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 death4#ajb ,the ,indian of ,hayti would think he was wanting to the memory of a relation1 if he had not thrown into his drink a small portion of the body of the deceased1 after having dried it 4 4 4 and reduced it to powder4#ajc ,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 #efi enemies should be prevented from digging up and injuring their bodies2#ajd whilst mothers not infrequently consumed their dead children out of love4#aje ,the ,mayorunas considered it more desirable for the departed to be eaten by relatives than by worms2#ajf and the ,cocomas1 a tribe of the ,maraon and ,lower ,huallaga1 said it was better to be inside a friend than to be swallowed up by the cold earth4#ajg ,it is impossible to decide how far these statements represent original motives for the custom of eating dead relatives4 ,they may be later interpretations of a habit which in the first place sprang from selfishness rather than love4 ,footnote #ig3 ,dawson1 op4 cit4 p4 #fg 7tribes of ,western ,victoria74 ,mc,donald1 in ,jour4 ,anthr4 ,inst4 ii4 #agi 7natives of the ,upper ,mary ,river1 ,queensland74 ,featherman1 op4 cit4 ',oceano-,melanesians1' p4 #bdc 7,hawaiians74 ,southey1 ,history of ,brazil1 i4 #cgi 7,tapuyas74 ,marcgravius de ,liebstad1 ,historia rerum naturalium ,brasili1 viii4 #ab1 p4 #bhb 7ancient ,tupis74 ,footnote #ih3 ,gason1 in ,jour4 ,anthr4 ,inst4 xxiv4 #agb4 ,idem1 in ,woods1 op4 cit4 p4 #bgd4 ,footnote #ii3 ,roth1 ,north-,west-,central ,queensland ,aborigines1 p4 #aff4 ,footnote #ajj3 ,howitt1 op4 cit4 p4 #gec4 ,footnote #aja3 ,leyden1 ',languages and ,literature of the ,indo-,chinese ,nations1' in ,asiatick ,researches1 x4 #bjb4 ,footnote #ajb3 ,preuss1 op4 cit4 p4 #bah4 ,footnote #ajc3 ,bembo1 quoted by von ,humboldt1 op4 cit4 v4 #bdh4 ,footnote #ajd3 ,voss1 in ,verhandl4 ,berliner ,geellsch4 ,anthr4 #ahia1 p4 #bf4 ,footnote #aje3 ,waitz1 ,anthropologie der ,naturvlker1 iii4 #ddf4 ,footnote #ajf3 von ,schtz-,holzhausen1 ,der ,amazonas1 p4 #bji4 ,footnote #ajg3 ,markham1 ',list of the ,tribes in the ,valley of the ,amazon1' in ,jour4 ,anthr4 ,inst4 xxiv4 #bec4 ,the cannibalism of modern savages has often been represented as the survival of an ancient practice which was once universal in the human race4#ajh ,the advocates of this theory1 however1 have not generally made any serious attempts to prove it4 ,i have in another place put the question how ethnographical facts can give us information regarding the early history of mankind1 and my answer was3--,we have first to find out the causes of the social phenomena2 we may then from the prevalence of the causes infer the prevalence of the phenomena themselves1 if the former must be assumed to have operated without being checked by other causes4#aji ,this seems a very obvious method2 but1 so far as ,i know1 ,dr4 ,steinmetz is the only one who has strictly applied it to the question of cannibalism4 ,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 enemies4 ,his argument is briefly as follows3--#egj ,the chief impulse of primitive man was his desire for food4 ,he fed not only on fruits and vegetables1 but on flesh4 ,his taste for animal food was not limited by any sufficient esthetic horror of human corpses4 ,nor was he kept back from eating them by fear of exposing himself to the revenge of the disembodied soul of his victim1 nor by any fantastic sympathy for the dead body4 ,consequently1 he was an habitual cannibal4#aaj ,if ,i cannot accept ,dr4 ,steinmetz's conclusion it is certainly not because ,i find fault with his method1 but because ,i consider his chief premise exceedingly doubtful4 ,footnote #ajh3 ,andree1 op4 cit4 p4 #ih sq4 ,lippert1 ,kulturgeschichte der ,menschheit1 ii4 #bgi4 ,schurtz1 ,speiseverbote1 p4 #be4 ,rville1 ,hibbert ,lectures on the ,religions of ,mexico and ,peru1 p4 #hg4 ,johnston1 in ,fortnightly ,review1 ,n4,s4 xlv4 #bh4 ,m4 ,letourneau 7,l'volution de la morale1 p4 #gf7 calls cannibalism le pch originel de toutes les races humaines4 ,footnote #aji3 ,westermarck1 ,history of ,human ,marriage1 p4 #c sq4 ,footnote #aaj3 ,steinmetz1 ,endokannibalismus1 p4 #cd sqq4 ,it is quite likely that early man preferred cannibalism to death from starvation1 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 lives4 ,but we are here concerned with habitual cannibalism only4 ,although ,i consider it highly probable that man was originally in the main frugivorous1 there can be no doubt that he has from very early times fed largely on animal food4 ,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 back4 ,but that he at first had no aversion to human flesh seems to me a very precarious assumption4 ,a large number of savage tribes have never been known to be addicted to cannibalism1 but are1 on the contrary1 said to feel the greatest dislike of it4 ,in times of scarcity the ,eskimo will eat their clothing sooner than touch human flesh4 ,the ,fuegians have been reported to devour their old women in cases of extreme distress2#aaa but ,mr4 ,bridges1 who has spent most part of his life among them1 emphatically affirms that cannibalism is unknown amongst the natives of ,cape ,horn and that #ega they abhor it4#aab ,concerning the natives of ,south ,andaman ,mr4 ,man observes3--,not a trace could be discovered of the existence of such a practice in their midst1 even in far-off times4 4 4 4 ,they express the greatest horror of the custom1 and indignantly deny that it ever held a place among their institutions4#aac ,we meet with similar statements with reference to many ,african tribes4 ,the editor of ,livingstone's ',last ,journals' says that it was common on the ,river ,shir to hear ,manganja and ,ajawa people speak of tribes far away to the north who eat human bodies1 and that on every occasion the fact was related with the utmost abhorrence and disgust4#aad ,amongst the ,dinka the accounts of the cannibalism of the ,niam-,niam excites as much horror as amongst ourselves4#aae ,the ,bakongo shudder with repugnance at the mere mention of eating human flesh4#aaf ,among the ,bayaka1 in the ,congo ,free ,state1 cannibalism is never found1 and is regarded as something quite abhorrent4#aag ,no intermarriage takes place between the ,fans and their non-cannibal neighbours1 as their peculiar practices are held in too great abhorrence4#aah ,according to ,burton1 cannibalism is execrated by the ,efiks of ,old ,calabar1 who punish any attempts of the kind with extreme severity4#aai ,even amongst the ,south ,sea ,islanders there are tribes which have been known to view cannibalism with great repugnance4#abj ,footnote #aaa3 ,darwin1 ,journal of ,researches1 p4 #bad4 ,king and ,fitzroy1 ,voyages of the ,adventure and ,beagle1 ii4 #ahc1 #ahi4 ,footnote #aab3 ,bridges1 ',manners and ,customs of the ,firelanders1' in ,a ,voice for ,south ,america1 xiii4 #bjg4 ,idem1 quoted by ,hyades and ,deniker1 ,mission scientifique du ,cap ,horn1 vii4 #bei4 ,footnote #aac3 ,man1 ',aboriginal ,inhabitants of the ,andaman ,islands1' in ,jour4 ,anthr4 ,inst4 xii4 #aac4 ,footnote #aad3 ,livingstone1 ,last ,journals1 ii4 #ci4 ,footnote #aae3 ,schweinfurth1 ,heart of ,africa1 i4 #aeh4 ,footnote #aaf3 ,ward1 ,five ,years with the ,congo ,cannibals1 p4 #cg4 ,footnote #aag3 ,torday and ,joyce1 ',ethnography of the ,ba-,yaka1' in ,jour4 ,anthr4 ,inst4 xxxvi4 #db4 ,footnote #aah3 ,du ,chaillu1 ,explorations in ,equatorial ,africa1 p4 #ig4 ,footnote #aai3 ,burton1 ,two ,trips to ,gorilla ,land1 i4 #baf sq4 ,footnote #abj3 ,nisbet1 op4 cit4 ii4 #acf4 ,turner1 ,samoa1 p4 #cje 7,savage ,islanders74 ,angas1 ,polynesia1 p4 #che 7natives of ,bornabi1 in the ,caroline ,islands74 ,powell1 ,wanderings in a ,wild ,country1 p4 #bdg 7some of the tribes in ,new ,guinea74 ,calder1 ',native ,tribes of ,tasmania1' in ,jour4 ,anthr4 ,inst4 iii4 #bc2 ,ling ,roth1 ,aborigines of ,tasmania1 p4 #aaa4 ,it is true that the information which a traveller visiting a savage tribe receives as regards its attitude towards #egb cannibalism is often apt to be misleading4 ,there is nothing as to which many savages are so reticent or the practice of which they will deny so readily as cannibalism1 though at the same time they are much inclined to accuse other peoples of it4#aba ,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 stranger2 but not infrequently they really seem to feel that it is something to be ashamed of4 ,it has been said of some ,australian natives that1 unlike many other offences with which they are justly charged1 4 4 4 this one in general they knew to be wrong1 their behaviour when they were questioned on the subject showing that they erred knowingly and wilfully4#abb ,at all events the reproaches of the whites have been taken to heart with remarkable readiness4 ,even among peoples who have been extremely addicted to it1 cannibalism has disappeared with a rapidity to which1 ,i think1 there is hardly any parallel in the history of morals4 ,erskine wrote in the middle of the last century3--,our experience in ,new ,zealand has proved that this unnatural propensity can be eradicated from the habits of a whole savage nation1 in the course of a single generation4 ,i have heard it asserted that there did not exist in #ahde many ,new ,zealand males of twenty years of age who had not1 in their childhood1 tasted of human flesh2 yet it is perfectly well known that at the present time the occurrence of a single case of cannibalism1 in any part of those islands1 would attract as much notice as in any country of ,europe2 and that1 when a native can be induced to talk on the subject1 his information is given reluctantly1 and with an unmistakable consciousness of degradation1 and a feeling of shame that he and his #egc countrymen should ever have been liable to such a reproach4#abc ,of the ,bataks it was said some time ago that the rising generation began to refrain from cannibalism1 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 it4#abd ,cieza de ,leon remarks with some astonishment that1 as soon as the ,peruvian ,incas began to put a stop to this practice among all the peoples with whom they came in contact1 it was in a short time forgotten throughout their empire even by those who had previously held it in high estimation4#abe ,moreover1 the extinction of cannibalism has not always been due to the intervention of superior races4#abf ,footnote #aba3 ,curr1 ,the ,australian ,race1 i4 #gg2 ,brough ,smyth1 ,aborigines of ,victoria1 i4 p4 xxxvii4 sq42 ,fraser1 ,aborigines of ,new ,south ,wales1 p4 #ef4 ,romilly1 ,western ,pacific1 p4 #ei sqq4 ,idem1 ,from my ,verandah in ,new ,guinea1 p4 #fh4 ,powell1 op4 cit4 pp4 #eb1 #ei 7natives of the ,duke of ,york ,group74 ,erskine1 op4 cit4 p4 #aij sq4 7,fijians74 ,melville1 op4 cit4 p4 #cda 7,polynesians74 ,reade1 op4 cit4 p4 #aei2 ,kingsley1 ,travels in ,west ,africa1 p4 #ccj 7,fans74 ,at the same time there are many cannibals who make no attempts to conceal the practice4 ,footnote #abb3 ,brough ,smyth1 op4 cit4 i4 p4 xxxviii4 ,footnote #abc3 ,erskine1 op4 cit4 p4 #bge sq4 ,footnote #abd3 ,buning1 in ,glimpses of the ,eastern ,archipelago1 p4 #gd4 ,footnote #abe3 ,cieza de ,leon1 ,segunda parte de la ,crnica del ,per1 ch4 #be1 p4 #ajj4 ,footnote #abf3 ,waitz-,gerland1 ,anthropologie der ,naturvlker1 vi4 #aeh sqq4 7,polynesians74 ,casalis1 ,basutos1 p4 #cjc4 ,ribot1 ,psychology of the ,emotions1 p4 #bie sq4 ,schurtz1 ,speiseverbote1 p4 #bf4 ,cf4 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #cbd4 ,even among peoples very notorious for cannibalism there are individuals who abhor the practice4 ,dr4 ,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 cannibal4#abg ,with reference to ,fijian cannibalism ,dr4 ,seemann observes3--,it would be a mistake to suppose that all ,fijians1 not converted to ,christianity1 are cannibals4 ,there were whole towns1 as for instance ,nakelo1 on the ,rewa river1 which made a bold stand against this practice1 declaring that it was tabu forbidden to them by their gods1 to indulge in it4 ,the common people throughout the group1 as well as women of all classes1 were by custom debarred from it4 ,cannibalism was thus restricted to the chiefs and gentry1 and again amongst them there is a number 4 4 4 who never eat human flesh1 nor go near the biers when any dead bodies have been brought in1 and who abominate the practice as much as any white man does4#abh #egd ,it should also be remembered that many cannibals eat human flesh not as ordinary food1 but only in special circumstances1 and that their cannibalism is often restricted to the devouring of some small part of the victim's body4 ,footnote #abg3 ,schweinfurth1 op4 cit4 ii4 #ah sq4 ,footnote #abh3 ,seemann1 ,viti1 p4 #agi sq4 ,cf4 ,williams and ,calvert1 op4 cit4 p4 #agi4 ,the dislike of cannibalism may be a complex feeling4 ,in many instances sympathy for the dead is undoubtedly one of its ingredients4 ,it is true that endo-anthropophagy is frequently described as a mark of affection1 but on the other hand there are many cannibals who never eat their dead friends though they eat strangers or foes4 ,some cannibals exchange their own dead for those of another tribe so as to avoid feeding on their kinsmen2#abi the natives of ,tana1 in the ,new ,hebrides1 are said to do so when they happen to have a particular regard for the deceased4#acj ,but neither affection nor regard can be the reason why savages abstain from eating their enemies4 ,i think that aversion to cannibalism is most likely1 in the first instance1 an instinctive feeling akin to those feelings which regulate the diet of the various animal species4 ,although our knowledge of their habits in this respect is defective1 there can be little doubt that carnivorous animals as a rule refuse to eat members of their own species2 and this reluctance is easy to understand considering its race-preserving tendency4 ,footnote #abi3 ,arbousset and ,daumas1 ,exploratory ,tour to the ,cape of ,good ,hope1 p4 #abc4 ,steinmetz1 ,endokannibalismus1 pp4 #bb1 #dg4 ,footnote #acj3 ,brenchley1 op4 cit4 p4 #bji4 ,moreover1 the eating of human flesh is regarded with some degree of superstitious dread4 ,this is not seldom the case even among peoples who are themselves cannibals4 ,in ,lepers' ,island1 in the ,new ,hebrides1 where cannibalism still prevails1 the natives say that to eat human flesh is a dreadful thing1 and that a man-eater is a person who is afraid of nothing2 hence men will buy flesh when some one has been killed1 that they may get the name of valiant men by eating it4#aca ,in those parts of ,fiji where cannibalism was a national institution1 only the select few1 the taboo-class1 the priests1 chiefs1 and higher orders1 were deemed fit to indulge in it2 and #ege whilst every other kind of food was eaten with the fingers1 human flesh was eaten with forks1 which were handed down as heirlooms from generation to generation1 and with which the natives would not part even for a handsome equivalent4#acb ,the ,fijians of ,nakelo1 again1 who did not practise cannibalism1 attributed to it those fearful skin diseases with which children are so often visited in ,fiji4#acc ,the ,new ,caledonians1 who are exo-anthropophagous1 believe that if a man eats a tribes-fellow he will break out into sores and die4#acd ,among the ,maoris no men but sacred chiefs could partake of human flesh without becoming tapu1 in which state they could not return to their usual occupations without having the tapu removed from their bodies4#ace ,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 restrictions1 being considered unclean4 ,for sixteen days he must not eat any warm food4 ,for four months he is not allowed to blow hot food in order to cool it4 ,for the same period he uses a spoon1 dish1 and kettle of his own1 which are thrown away after the lapse of the prescribed time4 ,he must stay alone in his bedroom1 and is not allowed to go out of the house door but must use the secret door in the rear of the house4 ,and for a whole year he must not touch his wife1 nor is he allowed to gamble or to work4#acf ,among the ,west ,african ,fans1 before a cannibal meal1 the corpse is carried to a hut built on the outskirts of the settlement4 ,there it is eaten secretly by the warriors1 women and children not being allowed to be present1 or even to look upon man's flesh2 and the cooking pots used for the banquet must all be broken4 ,a joint of 'black brother' is never seen in the villages4#acg ,so also #egf among the ,bambala1 south of the ,river ,congo1 vessels in which human flesh has been cooked are broken and the pieces thrown away4#ach ,in ,eastern ,central ,africa the person who eats a human being is believed to run a great risk2 ,mr4 ,macdonald knew a headman whose success in war was attributed to the fact that he had eaten the whole body of a strong young man1 but it was supposed that if he had not been protected by powerful charms1 such cannibalism might have been dangerous to him4#aci ,footnote #aca3 ,codrington1 op4 cit4 p4 #cdd4 ,footnote #acb3 ,seemann1 ,viti1 pp4 #agi1 #aha sq4 ,footnote #acc3 ,ibid4 p4 #agi sq4 ,footnote #acd3 ,atkinson1 ',natives of ,new ,caledonia1' in ,folk-,lore1 xiv4 #bec4 ,footnote #ace3 ,thomson1 op4 cit4 i4 #adg sq4 ,footnote #acf3 ,boas1 ',social ,organization of the ,kwakiutl ,indians1' in ,report of the ,u4,s4 ,national ,museum1 #ahie1 p4 #ecg sq4 ,cf4 ,woldt1 ,kaptein ,jacobsens ,reiser til ,nordamerikas ,nordvestkyst1 p4 #dd sqq42 ,mayne1 ,four ,years in ,british ,columbia1 p4 #bef sq4 ,footnote #acg3 ,burton1 ,two ,trips to ,gorilla ,land1 i4 #bab4 ,footnote #ach3 ,torday and ,joyce1 in ,jour4 ,anthr4 ,inst4 xxxv4 #djd4 ,footnote #aci3 ,macdonald1 ,africana1 i4 #agj4 ,one reason for this superstitious dread of cannibalism is undoubtedly fear of the dead man's spirit1 which is then supposed not to be annihilated by the act1 but to become a danger to him who partakes of the corpse4 ,the ,fijian cannibals avowed that they were always frightened at night lest the spirit of the man they had eaten should haunt them4#adj ,in the ,luritcha tribe in ,central ,australia care is invariably taken to destroy the bones of those enemies who have been eaten1 as the natives believe that unless this is done the victims will arise from the coming together of the bones1 and will follow and harm those who have killed and eaten them4#ada ,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 man4#adb ,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 flesh1 just as the aversion to eating certain animals may give rise to the idea that their meat is unwholesome food1#adc and as the supernatural dangers attributed to incest spring from the instinctive horror of it4#add ,footnote #adj3 ,pritchard1 op4 cit4 p4 #cgb4 ,footnote #ada3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #dge4 ,footnote #adb3 ,boas1 loc4 cit4 p4 #ecg sq4 ,cf4 ,frazer1 ,golden ,bough1 i4 #cdb4 ,footnote #adc3 ,supra1 ii4 #ccb4 ,footnote #add3 ,supra1 ii4 #cge sq4 ,the fact that so many peoples partake or are known to have partaken of human flesh without repugnance1 or even with the greatest eagerness1 by no means proves #egg that there was no original aversion to it in the human race4 ,it is easy to imagine that the feeling of reluctance may have been overcome by other motives1 such as hunger1 revenge1 the desire to acquire another person's courage or strength1 the hope of making an enemy harmless1 or of gaining supernatural benefits4 ,and everybody knows that men and even many animals1 when once induced to taste a certain food which they have previously avoided1 often conceive a great liking for it4 ,there is evidence that this also applies to cannibalism4 ,in #abjj ,egypt was afflicted with a terrible famine1 in consequence of which the poor fed even upon human corpses and fell to devouring children4 ,an eyewitness1 the ,arabian physician 7,abd-,allatif1 writes that1 when the poor began to eat human flesh1 the wonder and horror excited were such1 that these crimes were in every mouth1 and people were never weary of the extraordinary topic4 ,but by degrees custom operated1 and produced even a taste for such detestable repasts4 ,many men made children their ordinary food1 eating them from pure gluttony and laying up stores of their flesh4 ,various modes of cooking and seasoning this kind of food were invented2 and the practice soon spread through the provinces1 so that there was not a single district in which cannibalism became not common4 ,by this time it caused no longer either surprise or horror1 and the matter was discussed with indifference4 ,diverse rich people1 who could have procured other food1 seemed to become infatuated1 and practised cannibalism as a luxury1 using murderers as their purveyors and inviting their friends to dinner1 without taking too much trouble to conceal the truth4#ade ,there is a similar story from ,polynesia4 ,cannibalism1 we are told1 was introduced into ,futuna by king ,veliteki in consequence of a great tempest which brought on a disastrous famine2 but in time it became a dreadful scourge1 which threatened to depopulate the island4 ,the desire to eat human flesh arrived at such a point that wars no longer sufficed to #egh furnish victims in sufficient numbers1 hence the people took to hunting down members of their own tribes4#adf ,it has been suggested that in other islands of the ,south ,seas cannibalism likewise arose in times of great famine1 and that the inhabitants1 becoming used to it1 acquired a taste for human flesh4#adg ,in ,western ,equatorial ,africa1 again1 gastronomic cannibalism has been supposed to be a practical extension of the sacrificial ceremony1 neither the women nor the young men being allowed to touch the dainty4#adh ,that such a practice may easily grow up when the beginning has been made1 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 future4#adi ,footnote #ade3 7,abd-,allatif1 ,relation de l'gypte1 p4 #cfj sqq4 ,footnote #adf3 ,percy ,smith1 ',futuna1' in ,jour4 ,polynesian ,soc4 i4 #cg4 ,footnote #adg3 ,macdonald1 ,oceania1 p4 #aif sq4 ,powell1 ,wanderings in a ,wild ,country1 p4 #bdh4 ,footnote #adh3 ,reade1 op4 cit4 p4 #aeh4 ,footnote #adi3 ,powell1 op4 cit4 p4 #bdh4 ,the question whether early man was in the habit of eating human flesh may thus1 ,i think1 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 cannibals4 ,for such an assumption ,i find no sufficient grounds4 ,on the contrary1 ,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 culture4#aej ,in ,america1 instead of being confined to savage peoples1 it was practised to a greater extent and with more horrible rites among the most civilised4 ,its religious inception1 ,mr4 ,dorman adds1 was the cause of this4#aea ,humboldt observed long ago3--,the nations who hold it a point of honour to devour their prisoners are not always the rudest and most ferocious 4 4 4 4 ,the ,cabres1 the ,guipunavis1 and the ,caribees1 have #egi always been more powerful and more civilised than the other hordes of the ,oroonoko2 and yet the former are as much addicted to anthropophagy1 as the last are repugnant to it4#aeb ,in ,brazil1 ,martius found the cannibalism of the ,central ,tupis to form a strange contrast to their relatively high state of culture4#aec ,cannibals like the ,fijians and ,maoris were on the verge of semi-civilisation1 and the ,bataks of ,sumatra were already in early times so advanced as to frame an alphabet of their own1 though after the ,indian model4 ,among the ,african ,niam-,niam and ,monbuttu a great predilection for human flesh coexists with a remarkable degree of culture2 whereas in the dwarf tribes of ,central ,africa1 which are of a very low type1 ,mr4 ,burrows never heard of a single case of cannibalism4#aed ,footnote #aej3 ,see ,peschel1 ,races of ,man1 p4 #afb sq42 ,schneider1 ,die ,naturvlker1 i4 #ahf2 ,bergemann1 op4 cit4 p4 #ec2 ,ratzel1 op4 cit4 ii4 #ceb2 ,sutherland1 ,origin and ,growth of the ,moral ,instinct1 i4 #cgb4 ,footnote #aea3 ,dorman1 op4 cit4 p4 #aeb4 ,footnote #aeb3 von ,humboldt1 op4 cit4 v4 #dbd sq4 ,footnote #aec3 von ,martius1 op4 cit4 i4 #aii sq4 ,footnote #aed3 ,burrows1 ,land of the ,pigmies1 p4 #adi4 ,it would be very instructive to follow the history of cannibalism among those peoples who are1 or have lately been1 addicted to it1 if we were able to do so2 but the subject is mostly obscure4 ,the most common change which we have had an opportunity to notice is the decline and final disappearance of the practice under ,european influence2 but we must not assume that every change has been in the direction towards extinction4 ,among the ,east ,african ,wadoe and ,wabembe cannibalism is1 according to their own account1 of modern origin4#aee ,mr4 ,torday informs me that among some of the ,congo natives it is spreading in the present day4 ,in the ,solomon ,islands it has recently extended itself2 it is asserted by the elder natives of ,florida that man's flesh was formerly never eaten except in sacrifice1 and that human sacrifice is an innovation introduced from further west4#aef ,erskine maintains that in ,fiji cannibalism1 though a very ancient custom1 did not prevail in earlier times to the same extent as it did more recently2#aeg and ,mr4 ,fornander has arrived #ehj at the conclusion that among the ,polynesians this practice was not an original heirloom brought with them from their primitive homes in the ,far ,west1 but was adopted subsequently by a few of the tribes under conditions and circumstances now unknown4#aeh ,for various reasons1 then1 it is an illegitimate supposition to regard the cannibalism of modern savages as a survival from the first infancy of mankind1 or1 more generally1 from a stage through which the whole human race has passed4 ,footnote #aee3 ,burton1 ,two ,trips to ,gorilla ,land1 i4 #bad4 ,footnote #aef3 ,codrington1 op4 cit4 p4 #cdc4 ,footnote #aeg3 ,erskine1 op4 cit4 p4 #bgb4 ,footnote #aeh3 ,fornander1 ,account of the ,polynesian ,race1 i4 #acb4 ,as for the moral opinions about cannibalism1 we may assume that peoples who abstain from it also generally disapprove of it1 or would do so if they were aware of its being practised4 ,aversion1 as we have often noticed1 leads to moral indignation1 especially where the moral judgment is little influenced by reflection4 ,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 act1 or from the feeling that it is an insult to him to use his body as an article of food2 but this could certainly not be the origin of savages disapproval of eating their foes4 ,among civilised races1 as well as among non-anthropophagous savages1 horror or disgust is undoubtedly the chief reason why cannibalism is condemned as wrong4 ,this emotion is often so intense that the same people whose moral feelings are little affected by a conquest1 with all its horrors1 made for the purpose of gain1 shudder at the stories of wars waged by famished savages for the purpose of procuring human flesh for food4 ,on the other hand1 where the natural aversion to such food is for some reason or other overcome1 the disapproval of cannibalism is in consequence no longer felt4 ,but an attitude of moral indifference towards this practice has also been advocated on a totally different ground1 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 #eha disgust4 ,thus1 ,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 dead4#aei ,and he quotes with apparent agreement the opinion of some ,stoic philosophers that there is no harm in feeding upon human carcases to avoid starvation4#afj ,footnote #aei3 ,montaigne1 ,essais1 i4 #cj4 ,footnote #afj3 ,diogenes ,laertius1 ,vit philosophorum1 vii4 #a4 #fd 7#aba72 vii4 #g4 #ab 7#ahh74 ,zeller1 ,stoics1 p4 #cjg4 ,,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 beings1 real or imaginary1 that are regarded as supernatural4 ,but before we enter upon a discussion of human behaviour in relation to such beings1 it is necessary to say some words about man's belief in their existence and the general qualities attributed to them4 ,men distinguish between two classes of phenomena--natural and supernatural1#a between phenomena which they are familiar with and1 in consequence1 ascribe to natural causes1 and other phenomena which seem to them unfamiliar1 mysterious1 and are therefore supposed to spring from causes of a supernatural character4 ,we meet with this distinction at the lowest stages of culture known to us1 as well as at higher stages4 ,it may be that in the mind of a savage the natural and supernatural are often confused1 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 other2 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 awe4 ,the germ of such a #ehc distinction is found even in the lower animal world4 ,the horse fears the whip but it does not make him shy2 on the other hand1 he may shy when he sees an umbrella opened before him or a paper moving on the ground4 ,the whip is well known to the horse1 whereas the moving paper or umbrella is strange and uncanny4 ,dogs and cats are alarmed by an unusual noise or appearance1 and remain uneasy till they have by examination satisfied themselves of the nature of its cause4#b ,professor ,romanes frightened a dog by attaching a fine thread to a bone and surreptitiously drawing it from the animal1 giving to the bone the appearance of self-movement2 and the same dog was frightened by soap-bubbles4#c ,even a lion is scared by an unexpected noise or the sight of an unfamiliar object2 a horse1 the lion's favourite prey1 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-haltered4#d ,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 cage4#e ,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 air4#f ,footnote #a3 ,i do not share the objections raised by various writers to the term supernatural4 ,it has the sanction of common usage2 and ,i consider it preferable to the word superhuman1 when applied to inanimate things or animals which are objects of worship4 ,footnote #b3 ,morgan1 ,animal ,life and ,intelligence1 p4 #cci4 ,footnote #c3 ,romanes1 ,animal ,intelligence1 #dee sq4 ,footnote #d3 ,gillmore1 quoted by ,king1 ,the ,supernatural1 p4 #hj4 ,footnote #e3 ,basil ,hall1 quoted ibid4 p4 #ha4 ,see also ibid4 p4 #gh sqq42 ,vignioli1 ,myth and ,science1 p4 #eh sqq4 ,footnote #f3 ,sully1 ,studies of ,childhood1 p4 #bje sq4 ,but the primitive mind not only distinguishes between the natural and the supernatural1 it makes1 practically1 yet a further distinction4 ,the supernatural1 like the natural1 may be looked upon in the light of mechanical energy1 which discharges itself without the aid of any volitional activity4 ,this is1 for instance1 the case with the supernatural force inherent in a tabooed object2 mere contact with such an object communicates the taboo infection4 ,so also the baneful energy in a curse is originally conceived as a kind of supernatural miasma1 which injures or destroys anybody to whom it cleaves2 in fact1 to #ehd taboo a certain thing commonly consists in charging it with a curse4 ,on the other hand1 supernatural qualities may also be attributed to the mental constitution of animate beings1 especially to their will4 ,such an attribution makes them supernatural beings1 as distinct from any ordinary individuals who1 without being endowed with special miraculous gifts1 may make use of supernatural mechanical energy in magical practices4 ,this distinction is in many cases vague2 a wizard may be looked upon as a god and a god as a wizard4 ,but it is nevertheless essential1 and is at the bottom of the difference between religion and magic4 ,religion may be defined as a belief in and a regardful#g attitude towards a supernatural being on whom man feels himself dependent and to whose will he makes an appeal in his worship4 ,supernatural mechanical power1 on the other hand1 is applied in magic4 ,he who performs a purely magical act utilises such power without making any appeal at all to the will of a supernatural being4#h ,footnote #g3 ,though somewhat indefinite1 the epithet regardful seems a necessary attribute of a religious act4 ,we do not call it religion when a savage flogs his fetish to make it submissive4 ,footnote #h3 ,see infra1 ,additional ,notes4 ,this1 ,i think1 is what we generally understand by religion and magic4 ,but in the ,latin word religio there seems to be no indication of such a distinction4 ,religio is probably related to religare1 which means to tie4 ,it is commonly assumed that the relationship between these words implies that in religion man was supposed to be tied by his god4 ,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 god1 but the god who was tied by the man4 ,this interpretation was suggested to me by certain ideas and practices prevalent in ,morocco4 ,the ,moors are in the habit of tying rags to objects belonging to a syid1 that is1 a place where a saint has1 or is supposed to have1 his grave1 or where such a person is said to have sat or camped4 ,in very many cases1 at least1 this tying of rags is 7r upon the #ehe saint1 and l-7r implies the transference of a conditional curse4#i ,thus1 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 ,mlai 7,abd-7ul-k4der1 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 these3--,o saint1 behold6 ,i promised thee an offering1 and ,i will not release 7literally 'open'7 thee until thou attendest to my business4 ,if the petitioner's wish is fulfilled he goes back to the place1 offers the sacrifice which he promised1 and unties the knot which he made4 ,a ,berber servant of mine from ,aglu in ,ss told me that once when in prison he invoked ,llla ,r7ah4ma ,yusf1 a great female saint whose tomb is in a neighbouring district1 and tied his turban1 saying1 ,i am tying thee1 ,llla ,r7ah4ma ,yusf1 and ,i am not going to open the knot till thou hast helped me4 ,or a person in distress will go to her grave and knot the leaves of some palmetto growing in its vicinity1 with the words1 ,i tied thee here1 ,o saint1 and ,i shall not release thee unless thou releasest me from the toils in which ,i am at present4 ,all this is what we should call magic1 but the ,romans would probably have called it religio4 ,they were much more addicted to magic than to true religion2 they wanted to compel the gods rather than to be compelled by them4 ,their religio was probably nearly akin to the ,greek ,greek3 kata_/desmos1 which meant not only an ordinary tie1 but also a magic tie or knot or a bewitching thereby4#aj ,plato speaks of persons who with magical arts and incantations bound the gods1 as they said1 to execute their will4#aa ,that religio1 however1 from having originally a magical significance1 #ehf has come to be used in the sense which we attribute to the term religion1 is not difficult to explain4 ,men make use of magic not only in relation to their fellow men1 but in relation to their gods4 ,magical and religious elements are often almost inseparably intermingled in one and the same act2 and1 as we shall soon see1 the magical means of constraining a god are often externally very similar to the chief forms of religious worship1 prayer and sacrifice4 ,footnote #i3 ,see ,westermarck1 ',l-7r1 or the ,transference of ,conditional ,curses in ,morocco1' in ,anthropological ,essays presented to ,e4 ,b4 ,tylor1 p4 #cfa sqq4 ,footnote #aj3 ,i am indebted to my friend ,mr4 ,r4 ,r4 ,marett for drawing my attention to this meaning of the word ,greek3 kata_/desmos4 ,so also the verb ,greek3 katade_/ means not only to tie but to bind by magic knots 7,athenaeus1 ,deipnosophist1 xv4 #i1 p4 #fgj2 ,dio ,cassius1 ,historia ,romana1 l4 #e71 and ,greek3 kata_/desis is used to denote a binding by magic knots 7,plato1 ,leges1 xi4 #icc74 ,see ,liddell-,scott1 ,greek-,english ,lexicon1 p4 #ged2 ,harrison1 ,prolegomena to the ,study of ,greek ,religion1 p4 #ach sqq4 ,footnote #aa3 ,plato1 ,respublica1 ii4 #cfd4 ,that mystery is the essential characteristic of supernatural beings is proved by innumerable facts4 ,it is testified by language4 ,the most prominent belief in the religion of the ,north ,american ,indians was their theory of manitou1 that is1 of a spiritual and mysterious power thought to reside in some material form4 ,the word is ,algonkin1 but all the tribes had some equivalent for it4#ab ,thus the ,dacotahs express the essential attribute of their deities by the term wakan1 which signifies anything which they cannot comprehend1 whatever is wonderful1 mysterious1 superhuman1 or supernatural4#ac ,the ,navaho word d7ig7i'n likewise means sacred1 divine1 mysterious1 or holy2#ad and so does the ,hidatsa term mahopa4#ae ,in ,fiji the native word expressive of divinity is kalou1 which1 while used to denote the people's highest notion of a god1 is also constantly heard as a qualification of anything great or marvellous4#af ,the ,maoris of ,new ,zealand applied the word atua1 which is generally translated as god1 not only to spirits of every description1 but to various phenomena not understood1 such as menstruation and foreign marvels1 a compass for instance1 or a barometer4#ag ,the natives of ,madagascar1 #ehg says ,ellis1 designate by the term ndriamanitra1 or god1 everything that exceeds the capacity of their understanding4 ,whatever is new and useful and extraordinary1 is called god4 4 4 4 ,rice1 money1 thunder and lightning1 and earthquakes1 are all called god4 4 4 4 ,taratasy1 or book1 they call god1 from its wonderful capacity of speaking by merely looking at it4#ah ,the ,monbuttu use the word kilima for anything they do not understand--the thunder1 a shadow1 the reflection in water1 as well as the supreme being in which they vaguely believe4#ai ,the ,masai conception of the deity 7ng7ai71 says ,dr4 ,thomson1 seems to be marvellously vague4 ,i was ,ng7ai4 ,my language was ,ng7ai4 ,ng7ai was in the steaming holes4 4 4 4 ,in fact1 whatever struck them as strange or incomprehensible1 that they at once assumed had some connection with ,ng7ai4#bj ,mr4 and ,mrs4 ,hinde use the ,unknown as their equivalent of the word ng7ai4#ba ,footnote #ab3 ,dorman1 ,origin of ,primitive ,superstitions1 p4 #bbf4 ,parkman1 ,jesuits in ,north ,america1 p4 lxxix4 ,brinton1 ,religions of ,primitive ,peoples1 p4 #ajb4 ,hoffman1 ',menomini ,indians1' in ,ann4 ,rep4 ,bur4 ,ethn4 xiv4 #ci1 n4 #a4 ,footnote #ac3 ,schoolcraft1 ,archives of ,aboriginal ,knowledge1 iv4 #fdb4 ,dorsey1 ',siouan ,cults1' in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #cff4 ,mc,gee1 ',siouan ,indians1' ibid4 xv4 #ahb sq4 ,footnote #ad3 ,matthews1 ,navaho ,legends1 p4 #cg4 ,footnote #ae3 ,idem1 ,hidatsa ,indians1 p4 #dg sq4 ,footnote #af3 ,williams and ,calvert1 ,fiji1 p4 #ahc4 ,footnote #ag3 ,best1 ',lore of the ,whare-,kohanga1' in ,jour4 ,polynesian ,soc4 xiv4 #baj4 ,dieffenbach1 ,travels in ,new ,zealand1 ii4 #aaf1 #aah4 ,the word tupua 7or tipua7 is used in a very similar way 7,tregear1 ,maori-,polynesian ,comparative ,dictionary1 p4 #eeg74 ,footnote #ah3 ,ellis1 ,history of ,madagascar1 i4 #cij sqq4 ,footnote #ai3 ,burrows1 ,land of the ,pigmies1 p4 #ajj4 ,footnote #bj3 ,thomson1 ,through ,masai ,land1 p4 #bfj4 ,footnote #ba3 ,hinde1 ,last of the ,masai1 p4 #ii4 ,the testimony of language is corroborated by kindred facts referring to the nature of those objects which are most commonly worshipped4#bb ,among all the ,american tribes1 says ,mr4 ,dorman1 any remarkable features in natural scenery or dangerous places became objects of superstitious dread and veneration1 because they were supposed to be abodes of gods4#bc ,a great cataract1 a difficult and dangerous ford in a river1 a spring bubbling up from the ground1 a volcano1 a high mountain1 an isolated rock1 a curious or unusually large tree1 the bones of the mastodon or of some other immense animal--all were looked upon by the ,indians with superstitious respect #ehh or were propitiated by offerings4#bd ,in ,fiji every object that is specially fearful1 or vicious1 or injurious1 or novel1 is eligible for admission to the native ,pantheon4#be ,it is said that when the ,atas of the ,philippines saw the first locomotive passing through their country they all fell upon their knees in abject terror1 worshipping the strange monster as some new and powerful deity4#bf ,of the shamanistic peoples in ,siberia ,georgi writes1 ,all the celestial bodies1 and all terrestrial objects of a considerable magnitude1 all the phenomena of nature that can do good or harm1 every appearance capable of conveying terror into a weak and superstitious mind1 are so many gods to whom they direct a particular adoration4#bg ,among the ,samoyedes a curiously twisted tree1 a stone with an uncommon shape would receive1 and in some quarters still receives1 not only veneration but actual ceremonial worship4#bh ,castrn states that the ,ostyaks worshipped no other objects of nature but such as were very unusual and peculiar either in shape or quality4#bi ,the ,lapps made offerings not only to large and strange-looking objects1 but to places which were difficult to pass1 or where some accident had occurred1 or where they had been either exceptionally unlucky or exceptionally lucky in fishing or the chase4#cj ,the ,ainu of ,japan deify all objects and phenomena which seem to them extraordinary or dreadful4#ca ,in ,china a steep mountain1 or any mountain at all remarkable1 is supposed to have a special local spirit1 who acts as guardian4#cb ,the average middle-class ,hindu1 according to ,sir ,alfred ,lyall1 worships stocks or stones which are unusual or grotesque in size1 shape1 or position2 or inanimate things which are gifted with mysterious #ehi motion2 or animals which he fears2 or visible things1 animate or inanimate1 which are directly or indirectly useful and profitable or which possess any incomprehensible function or property4#cc ,from all parts of ,africa we hear of similar cults4#cd ,the ,negroes of ,sierra ,leone dedicate to their spirits places which inspire the spectator with awe1 or are remarkable for their appearance1 as immensely large trees rendered venerable by age1 rocks appearing in the midst of rivers1 and having something peculiar in their form1 in short1 whatever appears to them strange or uncommon4#ce ,when ,tshi-speaking natives of the ,gold ,coast take up their abode near any remarkable natural feature or object1 they worship and seek to propitiate its indwelling spirit2 whereas they do not worship any of the heavenly bodies1 the regularity of whose appearance makes little impression upon their minds4#cf ,throughout ,east ,africa the people seem to attach religious sanctity to anything of extraordinary size2 in the island of ,zanzibar1 where the hills are low1 they reverence the baobab tree1 which is the largest growing there1 and in all parts of the country where hills are not found they worship some great stone or tall tree4#cg ,in ,morocco places of striking appearance are generally supposed to be haunted by jnn 7jinn7 or are associated with some dead saint4#ch ,as ,i have elsewhere tried to show1 the ,arabic jinn were probably beings invented to explain what seems to fall outside the ordinary pale of nature1 the wonderful and unexpected1 the superstitious imaginations of men who fear2#ci and the saint was in many cases only the successor of the jinn4 ,indeed1 the superstitious dread of unusual objects is not altogether dead even among ourselves4#eij ,it survives in ,england to this day in the habit of ascribing grotesque and striking landmarks or puzzling antiquities to the ,devil1 who became the residuary legatee of obsolete pagan superstitions in ,christian countries4#dj ,footnote #bb3 ,see1 besides the instances referred to below1 ,karsten1 ,origin of ,worship1 p4 #ad sqq42 von ,brenner1 ,besuch bei den ,kannibalen ,sumatras1 p4 #bbj 7,bataks72 ,mitteil4 d4 ,geograph4 ,gesellsch4 zu ,jena1 iii4 #ad 7,bannavs1 between ,siam and ,annam74 ,in ,lord ,kames's ,essays on the ,principles of ,morality and ,religion there is 7p4 #cji sqq47 an interesting discussion on the dread of unknown objects4 ,footnote #bc3 ,dorman1 op4 cit4 p4 #cjj4 ,see also ,mller1 ,geschichte der ,amerikanischen ,urreligionen1 i4 #eb2 ,harmon1 ,voyages and ,travels in the ,interior of ,north ,america1 p4 #cfc sq42 ,smith1 ',myths of the ,iroquois1' in ,ann4 ,rep4 ,bur4 ,ethn4 ii4 #ea4 ,footnote #bd3 ,dorman1 op4 cit4 pp4 #bgi1 #bij1 #bia1 #cjb1 #cjc1 #cjh1 #cac-cae1 #cai4 ,chamberlain1 in ,jour4 ,american ,folk-,lore1 i4 #aeg 7,mississagua ,indians74 ,georgi1 ,russia1 iii4 #bcg sq4 7,aleuts47 ,footnote #be3 ,williams and ,calvert1 op4 cit4 p4 #ahc4 ,footnote #bf3 ,lala1 ,philippine ,islands1 p4 #if4 ,footnote #bg3 ,georgi1 op4 cit4 iii4 #bef4 ,footnote #bh3 ,jackson1 in ,jour4 ,anthr4 ,inst4 xxiv4 #cih4 ,cf4 ,castrn1 ,nordiska resor och forskningar1 iii4 #bcj4 ,footnote #bi3 ,castrn1 op4 cit4 iii4 #bbg4 ,footnote #cj3 ,ibid4 iii4 #baj4 ,hgstrm1 ,beskrifning fver de til ,sveriges ,krona lydande ,lapmarker1 p4 #ahb4 ,leem1 ,beskrivelse over ,finmarkens ,lapper1 p4 #ddb sq4 ,friis1 ,lappish ,mythologi1 p4 #acc sq4 ,footnote #ca3 ,sugamata1 quoted in ,l',anthropologie1 x4 #ih4 ,footnote #cb3 ,edkins1 ,religion in ,china1 p4 #bba4 ,footnote #cc3 ,lyall1 ,asiatic ,studies1 p4 #g4 ,footnote #cd3 ,wilson1 ,western ,africa1 p4 #chh 7,mpongwe74 ,mockler-,ferryman1 ,british ,nigeria1 p4 #bee4 ,fritsch1 ,die ,eingeborenen ,sd-,afrika's1 p4 #cdj 7,hottentots74 ,footnote #ce3 ,winterbottom1 ,native ,africans of ,sierra ,leone1 i4 #bbc4 ,footnote #cf3 ,ellis1 ,yoruba-speaking ,peoples of the ,slave ,coast1 p4 #bhb4 ,idem1 ,tshi-speaking ,peoples of the ,gold ,coast1 p4 #ba4 ,footnote #cg3 ,chanler1 ,through ,jungle and ,desert1 p4 #ahh4 ,footnote #ch3 ,see ,westermarck1 ,the ,moorish ,conception of ,holiness 7,baraka71 passim4 ,footnote #ci3 ,idem1 ',nature of the ,arab v,ginn1' in ,jour4 ,anthr4 ,inst4 xxix4 #bfh4 ,footnote #dj3 ,lyall1 op4 cit4 p4 #i4 ,the common prevalence of animal worship is no doubt due to the mysteriousness of the animal world2 the most uncanny of all creatures1 the serpent1 is also the one most generally worshipped4 ,throughout ,india we meet with the veneration of animals which by their appearance or habits startle human beings4#da ,in the ,indian tribes of ,north ,america animals of an unusual size were objects of some kind of adoration4#db ,in certain parts of ,africa a cock crowing in the evening or a crane alighting on a house-top is regarded as supernatural4#dc ,white men have often been taken for spirits by red1 yellow1 or black savages1 when seen by them for the first time4#dd ,religious veneration is among various races bestowed on persons suffering from some abnormality1 such as deformity1 albinoism1 or madness4#de ,some ,south ,american ,indians regard as divinities all phenomenal children1 principally such as are born with a larger number of fingers or toes than is natural4#df ,the ,hindus venerate persons remarkable for any extraordinary qualities great valour1 virtue1 or even vice4#dg ,by performing miracles men directly prove that they are supernatural beings4 ,the ,muhammedan saints1 like the ,christian in olden days1 are believed to perform all kinds of wonders1 such as flying in the air1 passing unhurt #eia through fire1 walking upon water1 transporting themselves in a moment of time to immense distances1 or supporting themselves and others with food in desert places4#dh ,when ,muhammed first claimed to be the ,prophet of ,allah1 he was urged to give proof of his calling by working some miracle2 and though he uniformly denied that he possessed such power1 it was nevertheless ascribed to him even by his contemporaries4#di ,footnote #da3 ,ibid4 p4 #ac4 ,footnote #db3 ,dorman1 op4 cit4 p4 #beh4 ,harmon1 op4 cit4 p4 #cfd4 ,footnote #dc3 ,macdonald1 ,religion and ,myth1 p4 #ci4 ,footnote #dd3 ,avebury1 ,origin of ,civilisation1 pp4 #bgb1 #bgc1 #cge4 ,goblet d',alviella1 ,hibbert ,lectures on the ,origin and ,growth of the ,conception of ,god1 p4 #fg4 ,schultze1 ,fetischismus1 p4 #bbd4 ,in ,australia and elsewhere white people were taken for ghosts by the natives 7,fison and ,howitt1 ,kamilaroi and ,kurnai1 p4 #bdh2 ,brough ,smyth1 ,aborigines of ,victoria1 ii4 #bfi sq42 ,tylor1 ,primitive ,culture1 ii4 #e sq42 ,spencer1 ,principles of ,sociology1 i4 #agj sq474 ,footnote #de3 ,schultze1 op4 cit4 p4 #bbb4 ,supra1 i4 #bgj sq4 ,among many savage or barbarous peoples of the world albinos have been reserved for the priestly office 7,bourke1 ',medicine-,men of the ,apache1' in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #dfj74 ,footnote #df3 ,guinnard1 ,three ,years' ,slavery among the ,patagonians1 p4 #add4 ,footnote #dg3 ,monier-,williams1 ,brahmanism and ,hinduism1 p4 #cej4 ,for criminal-worship in ,sicily1 see ,peacock1 ',executed ,criminals and ,folk-,medicine1' in ,folk-,lore1 vii4 #bge4 ,footnote #dh3 ,lane1 ,arabian ,society in the ,middle ,ages1 p4 #di4 ,westermarck1 ',sul culto del santi nel ,marocco1' in ,actes du ,,xii4 ,congrs ,international des ,orientalistes1 iii4 #aec sqq4 ,idem1 ,the ,moorish ,conception of ,holiness1 p4 #gg sqq4 ,footnote #di3 ,muir1 ,life of ,mahomet1 i4 p4 lxv4 sq4 ,bosworth ,smith1 ,mohammed and ,mohammedanism1 p4 #ai4 ,sell1 ,faith of ,islm1 p4 #bah4 ,the dead are objects of worship much more commonly than are the living4 ,whilst the human individual consisting of body and soul is as a rule well-known1 the disembodied soul1 seen only in dreams or visions1 is a mysterious being which inspires the survivors with awe4 ,mr4 ,spencer and ,mr4 ,grant ,allen even regard the worship of the dead as the root of every religion4#ej ,but this is to carry the ghost theory to an extreme for which there is no justification in facts4 ,the spirits of the dead are worshipped because they are held capable of influencing1 in a mysterious manner1 the welfare of the living2 but there is no reason to assume that they were originally conceived as the only supernatural agents existing4 ,we have noticed that even the lower animals show signs of the same feeling as underlies the belief in supernatural beings2 and we can hardly suppose that they are believers in ghosts4 ,footnote #ej3 ,spencer1 ,principles of ,sociology1 i4 #daa4 ,grant ,allen1 ,the ,evolution of the ,idea of ,god1 pp4 #ia1 #dcc1 #dch1 c4 ,on account of their wonderful effects medicines1 intoxicants1 and stimulants1 are frequently objects of veneration4 ,most of the plants for which the ,american ,indians had superstitious feelings were such as have medical qualities2#ea tobacco was generally held sacred by them1#eb and so was cocoa in ,peru4#ec ,the ,vedic deification #eib of the drink soma was due to its exhilarating and invigorating effects4#ed ,footnote #ea3 ,dorman1 op4 cit4 p4 #bih sq4 ,dorsey1 ',siouan ,cults1' in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #dbh4 ,footnote #eb3 ,mooney1 ',myths of the ,cherokee1' in ,ann4 ,rep4 ,bur4 ,ethn4 xix4 #dci4 ,dorman1 op4 cit4 p4 #bie4 ,footnote #ec3 ,dorman1 op4 cit4 p4 #bie4 ,footnote #ed3 ,whitney1 ',vedic ,researches in ,germany1' in ,jour4 ,american ,oriental ,soc4 iii4 #bii4 ,macdonell1 ,vedic ,mythology1 p4 #ajh4 ,among all the phenomena of nature none is more wonderful1 impressive1 awe-inspiring than thunder1 and none seems more generally to have given rise to religious veneration4 ,but with growing reflection man finds a mystery even in events of daily occurrence4 ,the ,vedic poet1 when he sees the sun moving freely through the heavens1 asks how it comes that it does not fall downward1 although unpropped beneath1 not fastened firm1 and downward turned2#ee and it seems to him a miracle that the sparkling waters of all rivers flow into one ocean without ever filling it4#ef ,verily1 says the ,koran1 in the creation of the heavens and the earth1 and in the succession of night and day1 are signs to those possessed of minds4#eg ,footnote #ee3 ,rig-,veda1 iv4 #ac4 #e4 ,footnote #ef3 ,ibid4 v4 #he4 #f4 ,footnote #eg3 ,koran1 iii4 #hg4 ,the attribution of miraculous power to a certain object or being may be due to direct experience of some effect produced by it1 as in the case of a medical plant1 or a poisonous snake1 or a miracle-working spring1 or a ,christian or ,muhammedan saint4 ,or it may be based on the inference that objects with a strange and mysterious appearance also possess strange and mysterious powers4 ,this inference1 too1 is in a way supported by facts4 ,the unusual appearance of the object makes an impression on the person who sees it1 and predisposes him to the belief that the object is endowed with secret powers4 ,if then anything unusual actually happens in its neighbourhood or shortly after it has been seen1 the strange event is attributed to the influence of the strange object4 ,thus a ,siberian tribe came to regard the camel as the small-pox demon because1 just when the animal had appeared among them for the first time with a passing caravan1 the small-pox broke out4#eh ,of the ,british ,guiana ,indian we are #eic told by ,sir ,e4 ,f4 ,im ,thurn that if his eye falls upon a rock in any way abnormal or curious1 and if shortly after any evil happens to him1 he regards rock and evil as cause and effect1 and perceives a spirit in the rock4#ei ,with the lapse of time the data of experience readily increase4 ,if a certain object has gained the reputation of being supernatural1 it is looked upon as the cause of all kinds of unusual events which may possibly be associated with it4 ,when ,i visited the large cave ,imi-ntak4k4ndut in the ,great ,atlas ,mountains1 the interior of which is said to contain a whole spirit city1 my horse happened to stumble on my way back to my camp1 and fell upon one of my servants who was carrying a gun4 ,the gun was broken and the man became lame for some days4 ,i was told that the accident was caused by the cave spirits1 because they were displeased at my visit4 ,when the following day ,i again passed the cave with my little caravan1 heavy rain began to fall2 and now the rain was attributed to the ill-temper of the spirits4 ,footnote #eh3 ,tiele1 ,elements of the ,science of ,religion1 i4 #gj4 ,footnote #ei3 ,im ,thurn1 ,indians of ,guiana1 p4 #ced4 ,startling events are ascribed to the activity not only of visible1 but of invisible supernatural agents4 ,thus sudden or strange diseases are1 at the lower stages of civilisation1 commonly supposed to be occasioned by a supernatural being1 which has taken up its abode in the sick person's body1 or otherwise sent the disease4#fj ,among the ,maoris1 for instance1 each disease was supposed to be occasioned by a different god1 who resided in the part affected4#fa ,the ,australian ,kurnai maintain that phthisis1 pneumonia1 bowel complaints1 and insanity are produced by an evil spirit1 who is like the wind4#fb ,according to ,moorish beliefs convulsions1 epileptic or paralytic fits1 rheumatic or neuralgic pains1 and certain rare and violent epidemics1 like the cholera1 are caused by spirits1 which either strike their victim1 or enter his body1 or sometimes1 in the case of an epidemic1 shoot at the #eid people with poisonous arrows4 ,indeed1 unexpected events of every kind are readily ascribed to supernatural influence1 in ,morocco and elsewhere4 ,among the ,north ,american ,indians the storms and tempests were generally thought to be produced by arial spirits from hostile lands4#fc ,among the ,hudson ,bay ,indians everything not understood is attributed to the working of one of the numerous spirits4#fd ,dans toute l',afrique1 says ,m4 ,duveyrier in his description of the ,touareg1 il n'y a pas un individu1 clair ou ignare1 instruit ou illettr1 qui n'attribue aux gnies tout ce qui arrive d'extraordinaire sur la terre4#fe ,of the ,south ,african natives ,livingstone writes1 ,everything not to be accounted for by common causes1 whether of good or evil1 is ascribed to the ,deity4#ff ,with the progress of science the chain of natural causes is extended1 and1 as ,livy puts it1 it is left to superstition alone to see the interference of the deity in trifling matters4 ,among ourselves the ordinary truths of science are so generally recognised that in this domain ,god is seldom supposed to interfere4 ,on the other hand1 with regard to social events1 the causes of which are often hidden1 the idea of ,providence is still constantly needed to fill up the gap of human ignorance4 ,footnote #fj3 ,tylor1 ,primitive ,culture1 ii4 #adf sqq4 ,schneider1 ,die ,naturvlker1 i4 #bag4 ,bartels1 ,die ,medicin der ,naturvlker1 p4 #bg sqq4 ,hfler1 ',krankheits-,dmonen1' in ,archiv fr ,religionswissenschaft1 ii4 #hf sqq4 ,karsten1 op4 cit4 p4 #bg sqq4 ,footnote #fa3 ,taylor1 ,te ,ika a ,maui1 p4 #acg4 ,footnote #fb3 ,fison and ,howitt1 op4 cit4 p4 #bej4 ,footnote #fc3 ,dorman1 op4 cit4 p4 #cej4 ,footnote #fd3 ,turner1 ',ethnology of the ,ungava ,district1' in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #bgb4 ,footnote #fe3 ,duveyrier1 ,exploration du ,sahara1 p4 #dah4 ,see also ,schneider1 ,religion der afrikanischen ,naturvlker1 p4 #ajc4 ,footnote #ff3 ,livingstone1 ,expedition to the ,zambesi1 p4 #eba sq4 ,man's belief in supernatural agents1 then1 is an attempt to explain strange and mysterious phenomena which suggest a volitional cause4#fg ,the assumed cause is the will of a supernatural being4 ,such beings are thus1 in the first place1 conceived as volitional4 ,but a being which has a will must have a mind1 with emotions1 desires1 and a certain amount of intelligence4 ,neither the savage nor ourselves can imagine a volitional being #eie which has nothing but a will4 ,if an object of nature1 therefore1 is looked upon as a supernatural agent1 mentality and life are at the same time attributed to it as a matter of course4 ,this ,i take to be the real origin of animism4 ,it is not correct to say that as the objects of the visible world are conceived as animated1 volitional1 and emotional1 they may be deemed the originators of those misfortunes of which the true cause is unknown4#fh ,this is to reverse the actual order of ideas4 ,inanimate things are conceived as volitional1 emotional1 and animate1 because they are deemed the originators of startling events4 ,the savage does not speculate upon the nature of things unless he has an interest in doing so4 ,he is not generally inquisitive as to causes4#fi ,the natives of ,west ,australia1 says ,eyre1 are not naturally a reasoning people1 and by no means given to the investigation of causes or their effects4#gj ,in matters not concerning the common wants of life the mind of the ,brazilian ,indian is a blank4#ga ,when ,mungo ,park asked some negroes1 what became of the sun during the night8 they considered his question a very childish one2 they had never indulged a conjecture1 nor formed any hypothesis1 about the matter4#gb ,i often found the ,beduins of ,morocco extremely curious1 but their curiosity consisted in the question1 ,what8 rather than in the question1 ,why8 ,footnote #fg3 ,already ,hobbes 7,leviathan1 i4 #ab1 p4 #gi7 traced1 in part1 the origin of religion to the fact that when man cannot assure himself of the true causes of things1 he supposes causes of them4 ,see also ,meiners1 ,geschichte der ,religionen1 i4 #af4 ,footnote #fh3 ,peschel1 ,races of ,man1 p4 #bde4 ,footnote #fi3 ,cf4 ,spencer1 ,principles of ,sociology1 i4 #hf sq42 ,karsten1 op4 cit4 p4 #dc sq4 ,footnote #gj3 ,eyre1 ,expeditions of ,discovery into ,central ,australia1 ii4 #cee4 ,footnote #ga3 ,bates1 ,the ,naturalist on the ,river ,amazons1 ii4 #afc4 ,footnote #gb3 ,mungo ,park1 ,travels in the ,interior of ,africa1 i4 #dac4 ,whilst belief in supernatural agents endowed with a will made the savage an animist1 the idea that a mind presupposes a body1 when thought out1 led to anthropomorphism4 ,impossible as it is to imagine a will without a mind1 it is hardly less impossible to imagine a mind without a body4 ,the immaterial soul is an abstraction to which has been attributed a metaphysical reality1 but of which no clear conception can be formed4 ,as ,hobbes observed1 the opinion that spirits are incorporeal or immaterial1 could #eif never enter into the mind of any man by nature2 because1 though men may put together words 4 4 4 4 as ,spirit and ,incorporeall2 yet they can never have the imagination of anything answering to them4#gc ,descartes himself frankly confessed1 ,what the soul itself was ,i either did not stay to consider1 or1 if ,i did1 ,i imagined that it was something extremely rare and subtile1 like wind1 or flame1 or ether1 spread through my grosser parts4#gd ,the supernatural agents were consequently of necessity considered to possess a more or less material constitution4 ,the disembodied human soul which the savage saw in dreams or visions1 in the shadow or the reflection1 was only the least material being which he could imagine2 and when raised to the dignity of an ancestor-god1 it by no means lost its materiality1 but1 on the contrary1 tended to acquire a more substantial body4 ,footnote #gc3 ,hobbes1 op4 cit4 i4 #ab1 p4 #hj4 ,footnote #gd3 ,descartes1 ,meditationes1 #b1 p4 #aj4 ,of a grosser substantiality and very unlike the human shape are the inanimate objects of nature which receive divine veneration4 ,it has been said of savages that they do not worship the thing itself1 only the spirit dwelling in it4 ,but such a distinction cannot be primitive4 ,the natural object is worshipped because it is believed to possess supernatural power1 but it is nevertheless the object itself that is worshipped4#ge ,castrn1 who combined great personal experience with unusual acuteness of judgment1 states that the ,samoyedes do not know of any spirits attached to objects of nature1 but worship the objects as such2 in other words1 they do not separate the spirit from the matter1 but adore the thing in its totality as a divine being4#gf ,of the deification of the ,nerbudda river ,sir ,w4 ,h4 ,sleeman likewise observes1 ,as in the case of the ,ganges1 it is the river itself to whom they address themselves1 and not to any deity residing in it1 or presiding over it--the stream itself is the deity which fills their imaginations1 and receives their #eig homage4#gg ,the animist who endows an inanimate object with a soul regards the visible thing itself as its body4#gh ,how a being with such a body1 like a tree or a stone1 can hear the words of men1 can see their doings1 and can partake of the food they offer1 might be difficult to explain--if it had to be explained4 ,but1 as ,i have said1 the inquisitiveness of savage curiosity does not go to the roots of things1 and religion is in its essence mystery4 ,footnote #ge3 ,cf4 ,tiele1 ,max ,mller und ,fritz ,schultze ber ein ,problem der ,religionswissenschaft1 p4 #ce2 ,parkman1 op4 cit4 p4 lxvii4 7,north ,american ,indians74 ,footnote #gf3 ,castrn1 op4 cit4 iii4 #aib4 ,cf4 ibid4 iii4 #afa1 #bjj sq4 ,footnote #gg3 ,sleeman1 ,rambles and ,recollections of an ,indian ,official1 i4 #bj4 ,footnote #gh3 ,castrn1 op4 cit4 iii4 #afd sq4 ,however1 in proportion as a supernatural being comes more and more to occupy the thoughts of its worshippers and to stir their imagination1 a more distinct personality is attributed to it2 and at length neither the ethereal or vaporous materiality of a departed human soul1 nor the crude substantiality of an inanimate object is considered a satisfactory body for such a being4 ,it is humanised also with regard to its essential shape4 ,the ,koriaks of ,siberia believe that objects and phenomena of nature conceal an anthropomorphic substance underneath their outer forms2 but they also show the first signs of a belief in spiritual owners or masters ruling over certain classes of things or over large objects4#gi ,the supernatural being which is originally embodied in a natural phenomenon is gradually placed behind it4 ,in the ,vedic hymns we may study this anthropomorphism as a process in growth4 ,the true gods of the ,veda are almost without exception the deified representatives of the phenomena or forces of nature1#hj which are personified1 though in varying degrees4 ,when the name of the god is the same as that of his natural basis1 the personification has not yet advanced beyond the rudimentary stage2 names like ,dyaus 7heaven71 ,pr4thivi 7earth71 ,surya 7sun71 ,us4as 7dawn71 represent the double character of natural phenomena and of the personalities presiding over them4 ,speaking of the nature of the gods1 the ancient ,vedic interpreter ,yaska remarks that what is seen of the gods is certainly not #eih anthropomorphic1 for example the sun1 the earth1 and so forth4#ha ,again1 when the name of the god is different from that of the physical substance he is supposed to inhabit1 the anthropomorphism is more developed1 though never very distinct4 ,the ,vedic people always recognised behind its gods the natural forces of which they were the expression1 and their physical appearance often only represents aspects of their natural bases figuratively described to illustrate their activities4 ,the sun is spoken of as the eye with which ,varuna observes mankind2#hb or it is said that the all-seeing sun1 rising from his abode1 goes to the dwellings of ,mitra and ,varuna to report the deeds of men4#hc ,even to this day the ,hindu1 to whatever sect he may belong1 does homage to the rising sun every morning of his life by repeating a text of the ,veda4#hd ,the god does not very readily change his old solid body for another which1 though more respectable1 has the disadvantage of being invisible4 ,the simple unreflecting mind finds it easier to worship a material thing which may be seen1 than a hidden god1 however perfect in shape4 ,to the common ,japanese the sun is still the god to whom he prays morning and evening4#he ,whilst ,chinese scholars declare that the sacrifice offered to ,heaven is assuredly not addressed to the material and sensible heaven1 which our eyes see1 but to the ,master of heaven1 earth1 and all things1#hf the people are less metaphysical2 and the ,russian peasant to this day makes an appeal to the ,svarog of the old religion when crying1 ,dost thou hear1 ,o ,sky8 dost thou see1 ,o ,sky8#hg ,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 animate4 ,footnote #gi3 ,jochelson1 ',koryak ,religion and ,myth1' in ,jesup ,north ,pacific ,expedition1 vi4 #aae1 #aah4 ,footnote #hj3 ,oldenberg1 ,religion des ,veda1 p4 #eia sqq4 ,footnote #ha3 ,nirukta1 vii4 #d1 quoted by ,hopkins1 ,religions of ,india1 p4 #bji4 ,footnote #hb3 ,rig-,veda1 i4 #ej4 #f4 ,hopkins1 op4 cit4 p4 #fg4 ,cf4 ,rig-,veda1 i4 #be4 #aj sq42 i4 #acf4 #b4 ,footnote #hc3 ,rig-,veda1 vii4 #fj4 #a sq4 ,see ,macdonell1 op4 cit4 pp4 #b1 #ae1 #ag1 #bc2 ,muir1 ,original ,sanskrit ,texts1 v4 #f2 ,barth1 ,religions of ,india1 p4 #agh2 ,oldenberg1 ,religion des ,veda1 p4 #eia sqq4 ,footnote #hd3 ,monier-,williams1 ,brahmanism and ,hinduism1 p4 #cdb4 ,footnote #he3 ,griffis1 ,religions of ,japan1 p4 #hg4 ,footnote #hf3 ,legge1 ,notions of the ,chinese concerning ,god and ,spirits1 p4 #ch4 ,footnote #hg3 ,ralston1 ,songs of the ,russian ,people1 p4 #cfb4 #eii ,but though man created his gods in his own image and likeness1 endowing them with a mind and a body modelled after his own1 he never lost sight of the difference between him and them4 ,he always ascribed to them a superior power of action2 otherwise they would have been no gods at all4 ,in many cases1 at least1 he also attributed to them a superior knowledge4 ,the ,bechuanas maintain that their gods are much wiser than they are themselves4#hh ,in the admonitions of an ,aztek mother to her daughter reference is made to a god who sees every secret fault4#hi ,the gods of the ,greeks and ,romans were possessed of superhuman wisdom1#ij and so was ,yahveh4 ,it is true that the anthropomorphic god acquires knowledge of the affairs of men through his senses4 ,when hearing the cry of ,sodom and ,gomorrah1 ,yahveh said1 ,i will go down now1 and see whether they have done altogether according to the cry of it1 which is come unto me2 and if not1 ,i will know4#ia ,but the senses of a god are generally superior to those of a man4 ,a god1 says ,orestes1 can hear even from a distance4#ib ,varuna has an all-seeing eye1 and the ,zoroastrian ,mithra has a thousand ears and ten thousand eyes4#ic ,in other respects1 also1 the bodies of gods excel the bodies of men4 ,sometimes they are more beautiful1 sometimes they have a gigantic shape4 ,when ,ares is felled to the ground by the stone flung by ,athene1 his body covers seven roods of land4 #id ,when ,here takes a solemn oath1 she grasps the earth with one hand and the sea with the other4#ie ,in three steps ,poseidon goes an immense distance2#if in three paces ,vishnu traverses earth1 air1 and sky4#ig ,footnote #hh3 ,arbousset and ,daumas1 ,exploratory ,tour to the ,north-,east of the ,colony of the ,cape of ,good ,hope1 p4 #cda4 ,footnote #hi3 ,sahagun1 ,historia general de las cosas de ,nueva ,espaa1 vi4 #ai1 vol4 ii4 #aca4 ,footnote #ij3 ,cf4 ,westcott1 ,essays in the ,history of ,religious ,thought1 p4 #aja4 ,footnote #ia3 ,genesis1 xviii4 #bj sq4 ,footnote #ib3 ,aeschylus1 ,eumenides1 #big4 ,footnote #ic3 ,yasts1 x4 #g4 ,footnote #id3 ,iliad1 xxi4 #djg4 ,footnote #ie3 ,ibid4 xiv4 #bgb sq4 ,footnote #if3 ,ibid4 xiii4 #bj4 ,footnote #ig3 ,grimm1 ,teutonic ,mythology1 i4 #cbe4 ,however1 the tendency to make gods more and more #fjj 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 god2 hence men endeavoured1 to the best of their ability1 to grasp the idea of a purely spiritual being1 endowed with a will and even with human emotions1 but without a material body4 ,like ,xenophanes in ,greece1 the ,inca ,yupangui in ,peru protested against the prevailing anthropomorphism1 declaring that purely spiritual service was befitting the almighty creator1 not tributes or sacrifices4#ih ,in the ,bible we notice a successive transformation of the nature of the deity1 from crude sensuousness to pure spirituality4 ,according to the oldest traditions1 ,yahveh works and rests1 he plants the garden of ,eden1 he walks in it in the cool of the day1 and ,adam and ,eve hear his voice4 ,in a great part of the ,old ,testament he is expressly bound by conditions of time and space4 ,he is attached in an especial manner to the ,jerusalem temple or some other shrine1 and his favour is gained by definite modes of sacrifice4 ,at the time of the ,prophets the cruder anthropomorphisms of the earlier religion have been overcome2 ,yahveh is no longer seen in person1 and by a prophet like ,isaiah his residence in ,zion is almost wholly dematerialised4 ,yet1 as ,professor ,robertson ,smith observes1 not even ,isaiah has risen to the full height of the ,new ,testament conception that ,god1 who is spirit and who is to be worshipped spiritually1 makes no distinction of spot with regard to worship1 and is equally near to receive men's prayers in every place4#ii ,moslem theologians take pains to point out that ,god neither is begotten nor begets1 and that he is without figure1 form1 colour1 and parts4 ,he hears all sounds1 whether low or loud2 but he hears without an ear4 ,he sees all things1 even the steps of a black ant on a black stone in a dark night2 #fja but he has no eyes1 as men have4 ,he speaks2 but not with a tongue1 as men do4#ajj ,he is endowed with knowledge1 feelings1 and a will4#aja ,thus the dematerialised god still retains a mental constitution modelled upon the human soul1 with all its bodily desires and imperfections removed1 with its higher qualities indefinitely increased1 and1 above all1 endowed with a supernatural power of action4 ,footnote #ih3 ,brinton1 ,american ,hero-,myths1 p4 #bcf4 ,footnote #ii3 ,goblet d',alviella1 op4 cit4 p4 #baf4 ,toy1 ,judaism and ,christianity1 p4 #hg4 ,montefiore1 op4 cit4 p4 #dbd4 ,robertson ,smith1 ,religion of the ,semites1 p4 #aag4 ,footnote #ajj3 ,rislah-i-,berkevi1 quoted by ,sell1 op4 cit4 p4 #aff sq4 ,footnote #aja3 ,sell1 op4 cit4 p4 #ahe4 ,in following chapters we shall see how the moral ideas of men have been influenced by the attributes they ascribe to supernatural beings4 ,,chapter ,,xlviii ,,duties ,,to ,,gods ,,men not only believe in the existence of supernatural beings1 but enter into frequent relations with them4 ,in every religion we may distinguish between two elements3 a belief1 and a regardful attitude towards the object of this belief4 ,at the same time the assumption that supernatural beings exist is not necessarily connected with religious veneration of them4 ,relations may be established with some of them to the exclusion of others4 ,if the relations between man and a certain supernatural being are of a more or less permanent character1 the latter is generally called his god4 ,as man attributes to his gods a variety of human qualities1 his conduct towards them is in many respects determined by considerations similar to those which regulate his conduct towards his fellow men4 ,he endows them with rights quite after human fashion1 and imposes on himself corresponding duties4 ,gods have the rights to life and bodily integrity4 ,they are not necessarily either invulnerable or immortal4#a ,according to ancient ,egyptian beliefs1 the life of a god is indeed longer than that of a man1 but death puts an end to the one as well as to the other4#b ,the ,vedic gods were mortal at first2 immortality was only bestowed upon them by ,savitr or by ,agni1 or they obtained it by drinking #fjc soma1 or by practising continence and austerity1 or by the performance of certain ceremonies4#c ,nor were the ,greek gods eternal by nature2 they secured immortality by feasting on nectar and ambrosia4#d ,the ,scandinavian gods had in ,idun's apples a means of preserving perpetual freshness and youth2 but for all that they were subject to the encroachments of age1 and their death is spoken of without disguise4#e ,footnote #a3 ,see ,frazer1 ,golden ,bough1 ii4 #a sqq4 ,footnote #b3 ,wiedemann1 ,religion of the ,ancient ,egyptians1 p4 #agc4 ,cf4 ,maspero1 ,dawn of ,civilization1 p4 #aaa2 ,erman1 ,life in ,ancient ,egypt1 p4 #bfe4 ,footnote #c3 ,macdonell1 ,vedic ,mythology1 p4 #ag4 ,oldenberg1 ,religion des ,veda1 p4 #agf4 ,footnote #d3 ,iliad1 v4 #cci sqq4 ,odyssey1 v4 #aii4 ,cf4 ,grimm1 ,teutonic ,mythology1 i4 #cag sq4 ,footnote #e3 ,grimm1 op4 cit4 i4 #cah sqq4 ,though liable to death1 the invisible anthropomorphic gods generally run little risk of being killed by men4 ,but the case is different with such supernatural beings as live on earth in a visible and destructible shape4 ,they may be1 and occasionally are1 slain by human hands1 although in this case killing hardly means absolute destruction1 the soul surviving the death of the body4 ,but to kill such a being is in ordinary circumstances looked upon as a dangerous act4 ,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 injury2#f and the danger is naturally increased when the victim and its whole species are regarded as divine4 ,savages as a rule avoid killing animals of their own totem1 and various statements imply that the act is disapproved of4#g ,footnote #f3 ,supra1 ii4 #dia4 ,footnote #g3 ,frazer1 ,totemism1 p4 #g sqq42 ,idem1 ,totemism and ,exogamy1 iv4 #f sq4 ,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 totem4#h ,but the various taboos imposed upon him with reference to it1 and the nature of the penalties incurred by the taboo-breaker1#i indicate that the relation between a human individual and the animal members of his totem are after all somewhat different from that between cousins4 ,it seems that the totemic animal is in #fjd the first place looked upon as a supernatural being1 and that a person's attitude towards it depends on the degree of dread or veneration which he feels for it4 ,such sacred animals as are not conceived to be of one stock with their devotees are equally tabooed2 in ancient ,egypt1 we are told1 offences against holy animals were punished even with death4#aj ,on the other hand1 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 relatives4 ,speaking of the native tribes of ,central ,australia1 ,messrs4 ,spencer and ,gillen observe1 ,that the totemic animal or plant is not regarded exactly as a close relative1 whom it would be wrong to kill1 or to assist any one else to kill1 is very evident2 on the contrary1 the members of one totem not only1 as it were1 give their permission to those who are not of the totem to kill and eat the totemic animal or plant1 but 4 4 4 they will actually help in the destruction of their totems4#aa ,the ,south ,australian ,narrinyeri kill their totemic animals if they are good for food4#ab ,a ,bechuana will kill his totem if it be a hurtful animal1 for instance a lion2 the slayer then only makes an apology to the beast and goes through a form of purification for the sacrilege4#ac ,among the ,menomini ,indians a man belonging to the ,bear clan may kill a bear1 although he must first address himself to his victim and apologise for depriving it of life4#ad ,the ,indian tribes in the ,south-,eastern ,states had no respect for their totems and would kill them when they got the chance4#ae ,among the ,thlinkets a ,wolf man will hunt wolves without hesitation1 although he calls them his relatives when praying them not to hurt him4#af ,footnote #h3 ,robertson ,smith1 ,religion of the ,semites1 p4 #bhe4 ,cf4 ,frazer1 ,totemism1 p4 #g4 ,footnote #i3 ,see ,frazer1 ,totemism1 p4 #aa sqq42 ,spencer and ,gillen1 ,northern ,tribes of ,central ,australia1 pp4 #cbb1 #cbd sq4 ,footnote #aj3 ,wiedemann1 ,herodots zweites ,buch1 p4 #bgi4 ,footnote #aa3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #bjg4 ,footnote #ab3 ,taplin1 ',narrinyeri1' in ,woods1 ,native ,tribes of ,south ,australia1 p4 #fc4 ,footnote #ac3 ,casalis1 ,basutos1 p4 #baa4 ,footnote #ad3 ,hoffman1 ',menomini ,indians1' in ,ann4 ,rep4 ,bur4 ,ethn4 xiv4 #dd4 ,footnote #ae3 ,adair1 ,history of the ,american ,indians1 p4 #af4 ,footnote #af3 ,boas1 in ,fifth ,report on the ,north-,western ,tribes of ,canada1 p4 #bc4 ,for some other instances see ,frazer1 ,totemism1 p4 #ai4 ,in certain cases divine animals are killed as a religious #fje or magical ceremony4 ,several instances of this have been pointed out by ,sir ,j4 ,g4 ,frazer4#ag ,sometimes1 when the revered animal is habitually spared1 it is nevertheless killed on rare and solemn occasions4 ,in other cases1 when the revered animal is habitually killed1 there is a special annual atonement1 at which a select individual of the species is slain with extraordinary marks of respect and devotion4 ,frazer has offered ingenious explanations of both customs4 ,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 individual1 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 age2 the life thus diverted from one channel will flow1 he fancies1 more freshly and freely in a new one4#ah ,the latter custom1 again1 is explained by ,frazer as a kind of atonement2 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 hands4#ai ,these explanations1 as ,frazer himself is the first to admit1 are only hypothetical1 but1 so far as ,i know1 they are the only ones yet offered4 ,however1 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 animal1 or sprinkle themselves with its blood1 or by other means place themselves in contact with it2 and it may be that in such cases the animal is killed for the express purpose of communicating to the people the sanctity1 or beneficial magic energy1 with which it is endowed4 ,the ,madi or ,moru tribe of ,central ,africa furnish an instructive example4 ,once a year1 as it seems1 a very choice lamb is killed by a man belonging to a kind of priestly order1 who #fjf sprinkles some of the blood four times over the assembled people and then smears each individual with the same fluid4 ,but this ceremony is also observed on a small scale at other times--if a family is in any great trouble1 through illness or bereavement1 their friends and neighbours come together and a lamb is killed with a view to averting further evil4#bj ,among the ,arunta and some other tribes in ,central ,australia1 as we have noticed above1 at the time of ,intichiuma1 totemic animals are killed with the object of being eaten4 ,but here the sacramental meal is a magical ceremony intended to multiply the species1 so as to increase the food supply for other totemic groups2 the fundamental idea being that the members of each totemic group are responsible for providing other individuals with a supply of their totem4#ba ,footnote #ag3 ,frazer1 ,golden ,bough1 ii4 #cff sqq4 ,footnote #ah3 ,ibid4 ii4 #cfh4 ,footnote #ai3 ,ibid4 ii4 #dce4 ,footnote #bj3 ,felkin1 ',madi or ,moru ,tribe of ,central ,africa1' in ,proceed4 ,roy4 ,soc4 ,edinburgh1 xii4 #ccf sq4 ,footnote #ba3 ,supra1 ii4 #baj sq4 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 ch4 vi4 ,iidem1 ,northern ,tribes of ,central ,australia1 ch4 ix4 sq4 ,frazer has also called attention to various instances in which a man-god or divine king is put to death by his worshippers1 and has suggested the following explanation of this custom3--,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 divinity4 ,they therefore take the utmost care of his life1 out of a regard for their own4 ,but no amount of care and precaution will prevent the divine king from growing old and feeble and at last dying4 ,and in order to avert the catastrophes which may be expected from the enfeeblement of his powers and their final extinction in death1 they kill him as soon as he shows symptoms of weakness1 and his soul is transferred to a vigorous successor before it has been seriously impaired by the threatened decay4 ,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 life4 ,accordingly1 they have fixed a term beyond which he #fjg may not reign1 and at the close of which he must die1 the term fixed upon being short enough to exclude the probability of his degenerating physically in the interval4 ,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 year2 whilst in ,ngoio1 a province of the ancient kingdom of ,congo1 the rule obtains that the chief who assumes the cap of sovereignty one day shall be put to death on the next4#bb ,footnote #bb3 ,frazer1 ,golden ,bough1 ii4 #e sqq4 ,every reader of ,the ,golden ,bough must admire the ingenuity1 skill1 and learning with which its author has worked out his theory1 even though he may fail to find the argument in every point convincing4 ,it is obvious that the supernatural power of divine kings is frequently supposed to be influenced by the condition of their bodies4 ,in some cases it is also obvious that they are killed on account of some illness1 corporal defect1 or symptom of old age1 and that the ultimate reason for this lies in the supposed connection between physical deterioration and waning divinity4 ,but1 as ,frazer himself observes1 in the chain of his evidence a link is wanting3 he can produce no direct proof of the idea that the soul of the slain man-god is transmitted to his royal successor4#bc ,in the absence of such evidence ,i venture to suggest a some what different explanation1 which seems to me more in accordance with known facts--to wit1 that the new king is supposed to inherit1 not the predecessor's soul1 but his divinity or holiness1 which is looked upon in the light of a mysterious entity1 temporarily seated in the ruling sovereign1 but separable from him and transferable to another individual4 ,footnote #bc3 ,ibid4 ii4 #ef4 ,this modification of ,frazer's theory is suggested by certain beliefs prevalent among the ,moors4 ,the ,sultan of ,morocco1 who is regarded by the people as the vicegerent of ,god1 appoints before his death some member of his family--by preference one of his sons--as his successor1 and this implies that his baraka1 or holiness1 will #fjh be transferred to the new sovereign4 ,but his holiness may also be appropriated by a pretender during his lifetime1 which proves that it is regarded as something quite distinct from his soul4 ,thus the people told me that the pretender ,buh4amra had come into possession of the ,sultan's baraka1 and that he would subsequently hand it over to one of the ,sultan's brothers1 who was then denied his liberty4 ,like the sultans of ,morocco1 the divine ,kafir kings of ,sofala1 who were put to death if afflicted with some disease1 nominated their successors4#bd ,in ancient ,bengal1 again1 whoever killed the king and succeeded in placing himself on the royal throne1 was immediately acknowledged as king2 the people said1 ,we are faithful to the throne1 whoever fills the throne we are obedient and true to it4#be ,in the kingdom of ,passier1 on the northern coast of ,sumatra1 whose sacred monarch was not allowed by his subjects to live long1 the man who struck the fatal blow was of the royal lineage1 and as soon as he had done the deed of blood and seated himself on the throne he was regarded as the legitimate king1 provided that he contrived to maintain his seat peaceably for a single day4#bf ,in these cases1 it seems1 the sanctity was considered to be inherent in the throne and to be partly communicated to persons who came into close contact with it4#bg ,footnote #bd3 ,frazer1 ,golden ,bough1 ii4 #aj4 ,footnote #be3 ,ibid4 ii4 #af4 ,footnote #bf3 ,ibid4 ii4 #af4 ,footnote #bg3 ,since the above was written1 ,sir ,j4 ,g4 ,frazer himself has kindly drawn my attention to some statements in his ,lectures on the ,early ,history of the ,kingship 7p4 #aba sqq47 from which it appears that in some parts of the ,malay region the regalia are regarded as wonder-working talismans or fetishes1 the possession of which carries with it the right to the throne4 ,among the ,yorubas of ,west ,africa1 a miraculous virtue seems to be attributed to the royal crown1 and the king sometimes sacrifices sheep to it 7ibid4 p4 #abd1 n4 #a74 ,see infra1 ,additional ,notes4 ,now1 as we have noticed before1 holiness is generally held to be exceedingly susceptible to any polluting influence1#bh and this would naturally suggest the idea that1 in order to remain unimpaired1 it has to be removed from a body which is defiled by disease or blemish4 ,such an idea may be supposed to underlie those cases in which #fji even the slightest bodily defect is a sufficient motive for putting the divine king to death4 ,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 it1 and who is consequently unable to fulfil the duties incumbent upon a divine monarch2 and it may be thought that the only way of removing the holiness from him is to kill him4 ,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 them1 such as rain or good crops1#bi although in these instances the murderous act may also be a precaution against the revenge they might otherwise take for being deposed1 or it may be a punishment for their failure1#cj or have the character of a sacrifice to a god4#ca ,moreover1 the disease1 weakness1 or physical deterioration of the king might cause his death2 and1 owing to the extremely polluting effect ascribed to natural death1 this would be the greatest catastrophe which could happen to the holiness seated in him4 ,the people of ,congo believed that if their pontiff1 the ,chitom1 were to die a natural death1 the world would perish1 and the earth1 which he alone sustained by his power and merit1 would immediately be annihilated2 hence1 when he fell ill and seemed likely to die1 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 death4#cb ,similar motives may also have induced people to kill their divine king after a certain period1 as everybody is sooner or later liable to fall ill or grow weak and die4 ,but ,i can also imagine another possible reason for this custom4 ,supernatural #faj energy is sometimes considered so sensitive to external influences that it appears to wear away almost by itself in the course of time4 ,i have heard from ,arabs in ,morocco that a pretender's holiness usually lasts only for half a year4 ,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 time4 ,footnote #bh3 ,see especially supra1 ii4 #bid-bif1 #ceb1 #cec1 #dae sqq4 ,footnote #bi3 ,frazer1 ,golden ,bough1 i4 #aeh sq4 ,landtman1 ,origin of ,priesthood1 p4 #add sqq4 ,footnote #cj3 ,landtman1 op4 cit4 p4 #add4 ,divine animals are sometimes treated in a similar way4 ,in ancient ,egypt1 if the sacred beasts could not1 or would not1 help in emergency1 they were beaten2 and if this measure failed to prove efficacious1 then the creatures were punished with death 7,wiedemann1 ,religion of the ,ancient ,egyptians1 p4 #agh2 ,idem1 ,herodots zweites ,buch1 p4 #dbh sq474 ,footnote #ca3 ,supra1 i4 #ddc4 ,footnote #cb3 ,frazer1 ,golden ,bough1 ii4 #h4 ,as the right to life1 generally granted to gods1 is thus in certain circumstances abrogated for the benefit of their worshippers1 so their right to bodily integrity may be suspended if their behaviour does not answer the expectations of their devotees4 ,men punish their gods as they punish their fellow men4 ,among the ,amazulu1 when it thunders or1 as they say1 the heaven is coming badly1 the doctors go out and scold it2 they take a stick and say they are going to beat the lightning of heaven4#cc ,the negro cudgels his fetish unmercifully to make it submissive4#cd ,the ,samoyede flogs his idol or throws it away if he does not succeed in his doings4#ce ,the idols of the ,typees1 in the ,marquesas ,islands1 received more hard knocks than supplications4#cf ,when his guardian spirit proves stubborn1 the ,hudson ,bay ,eskimo deprives it of food1 or strips it of its garments4#cg ,footnote #cc3 ,callaway1 ,religious ,system of the ,amazulu1 p4 #djd4 ,footnote #cd3 ,bastian1 ,afrikanische ,reisen1 p4 #fa4 ,footnote #ce3 von ,struve1 in ,ausland1 #ahhj p4 #gie4 ,footnote #cf3 ,melville1 ,typee1 p4 #bfa4 ,footnote #cg3 ,turner1 ',ethnology of the ,ungava ,district1' in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #aid4 99 99 99 99 99 ,in normal circumstances men regard it as a duty1 not only to refrain from killing or injuring their gods1 but positively to promote their existence and comfort4 ,according to early beliefs1 supernatural beings are subject to human needs4 ,the gods of the heathen ,siberians laboured for their subsistence1 engaged in hunting and fishing1 and laid up provisions of roots against times of dearth4#ch ,when the heavens appear checkered with white clouds on a blue surface1 the ,maoris of ,new ,zealand say that the god is planting his potatoes and #faa other divine edibles4#ci ,the ,fijian gods are described as enormous eaters4#dj ,the ,vedic gods wore clothes1 were great drunkards1 and suffered from constant hunger2#da ,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 belly4#db ,an ,egyptian god cannot be conceived without his house in which he lives1 in which his festivals are solemnised1 and which he never leaves except on professional days4 ,his dwelling has to be cleaned1 and he is assisted at his toilet by his attendants2 the priest has to dress and serve his god1 and places every day on his table offerings of food and drink4#dc ,so also the ,chaldean gods had to be nourished1 clothed1 and amused2 and the stone or wooden statues erected to them in the sanctuaries furnished them with bodies which they animated with their breath4#dd ,footnote #ch3 ,georgi1 ,russia1 iii4 #bei4 ,footnote #ci3 ,polack1 ,manners and ,customs of the ,new ,zealanders1 i4 #bdd4 ,footnote #dj3 ,williams and ,calvert1 ,fiji1 pp4 #ahd1 #aie4 ,footnote #da3 ,oldenberg1 ,religion des ,veda1 pp4 #cjd1 #cff sqq4 ,barth1 ,religions of ,india1 p4 #cf1 n4 #b4 ,footnote #db3 ,rig-,veda1 ii4 #aa4 #aa2 viii4 #d4 #aj2 viii4 #ag4 #d2 viii4 #gh4 #g2 x4 #hf4 #ac sqq4 ,footnote #dc3 ,erman1 op4 cit4 pp4 #bgc1 #bge1 #bgi4 ,maspero1 op4 cit4 p4 #aaj4 ,footnote #dd3 ,ball1 ',glimpses of ,babylonian ,religion1' in ,proceed4 ,soc4 ,biblical ,archology1 xiv4 #aec sqq4 ,maspero1 op4 cit4 p4 #fgi4 ,the idea that supernatural beings have human appetites and human wants leads to the practice of sacrifice4 ,whatever means they may have of earning their livelihood1 they are certainly not indifferent to gifts offered by men4 ,if such offerings fail them they may even suffer want and become feeble and powerless4 ,the ,egyptian gods1 says ,m4 ,maspero1 were dependent upon the gifts of mortals1 and the resources of each individual deity1 and consequently his power1 depended on the wealth and number of his worshippers4#de ,we meet with the same idea at every step in the ,vedic hymns4#df ,should sacrifices cease for an instant to be offered1 the gods would cease to send rain1 #fab to bring back at the appointed hour ,aurora and the sun1 to raise and ripen harvests--not only because they would be unwilling1 but because they would be unable to do so4#dg ,it was by sacrifice that the gods delivered the world from chaos1 and it is by sacrifice that man prevents it from lapsing back into the same state2#dh in the ',laws of ,manu' it is said that sacrifices support both the movable and the immovable creation4#di ,the ,zoroastrian books likewise represent the sacrifice as an act of assistance to the gods1 by which they become victorious in their combats with the demons4#ej ,when not strengthened by offerings they fly helpless before their foes4 ,overcome by the demon ,apaosha1 the bright and glorious ,tistrya cries out in distress3--,woe is me1 ,o ,ahura ,mazda6 4 4 4 ,men do not worship me with a sacrifice in which ,i am invoked by my own name4 4 4 4 ,if men had worshipped me with a sacrifice in which ,i had been invoked by my own name1 as they worship the other ,yazatas with sacrifices in which they are invoked by their own names1 ,i should have taken to me the strength of ten horses1 the strength of ten camels1 the strength of ten bulls1 the strength of ten mountains1 the strength of ten rivers4#ea ,footnote #de3 ,maspero1 op4 cit4 p4 #cjb4 ,cf4 ,wiedemann1 ,ancient ,egyptian ,doctrine of the ,immortality of the ,soul1 p4 #ai4 ,footnote #df3 ,rig-,veda1 ii4 #ae4 #b2 x4 #eb4 #e sq42 x4 #aba4 #g4 ,cf4 ,atharva-,veda1 xi4 #g4 #ad sq42 ,hopkins1 ,religions of ,india1 p4 #adi2 ,kaegi1 ,rigveda1 p4 #ca2 ,darmesteter1 ,ormazd et ,ahriman1 p4 #cbi4 ,footnote #dg3 ,barth1 op4 cit4 p4 #cf4 ,footnote #dh3 ,rig-,veda1 x4 #acj4 ,barth1 op4 cit4 p4 #cg4 ,footnote #di3 ,laws of ,manu1 iii4 #ge sqq4 ,footnote #ej3 ,see ,darmesteter1 ,ormazd et ,ahriman1 p4 #cbg2 ,idem1 in ,sacred ,books of the ,east 7#ast edit471 iv4 p4 lxviii4 ,footnote #ea3 ,yasts1 viii4 #bc sq4 ,men are induced by various motives to offer sacrificial gifts to supernatural beings4 ,in early religion the most common motive is undoubtedly a desire to avert evils2 and we have reason to believe that such a desire was the first source of religious worship4 ,in spite of recent assertions to the contrary1 the old saying holds true that religion was born of fear4 ,those who maintain that the savage is little susceptible to this emotion1#eb and that he for the most part takes his gods joyously1#ec show ignorance #fac of facts4 ,one of his characteristics is great nervous susceptibility1#ed and he lives in constant apprehension of danger from supernatural powers4 ,we are told of the ,samoyedes that a sudden blow on the outside of a tent will sometimes throw the occupants into spasms4 ,the ,indian1 says ,parkman1 lived in perpetual fear4 ,the turning of a leaf1 the crawling of an insect1 the cry of a bird1 the creaking of a bough1 might be to him the mystic signal of weal or woe4#ee ,from all quarters of the uncivilised world we hear that terror or fear is the predominant element in the religious sentiment1 that savages are more inclined to ascribe evil than good to the influence of supernatural agents1 that their sacrifices and other acts of worship more frequently have in view to avert misfortunes than to procure positive benefits1 or that1 even though benevolent deities are believed in1 much more attention is paid to malignant ones4#ef ,and even among peoples who have passed beyond the stage of #fad savagery fear still remains a prominent factor in their religion4 ,the great bulk of ,homeric cult-operations lay in propitiatory rites in avoidance of evil4#eg ,no one1 says ,sir ,monier-,williams1 who has ever been brought into close contact with the ,hindus in their own country can doubt the fact that the worship of at least ninety per cent4 of the people of ,india in the present day is a worship of fear4#eh ,in one of the ,pahlavi texts we read that he is not to be considered as faithful who has no fear of the sacred beings4#ei ,the ,egyptian ,amon ,r1 who is praised as the beautiful and beloved god1 who giveth life by all manner of warmth1 by all manner of fair cattle1 is at the same time styled ,lord of fear1 great one of terror4#fj ,the ,psalmist says that the fear of the ,lord is the beginning of wisdom1#fa and1 as ,nldeke points out1 the fear of ,god was used in its literal sense4#fb ,although the ,koran has much to tell about the loving kindness of ,god1 the god of ,islam evokes much more fear than love4 ,faith is said by ,muhammedan theologians to stand midway between hope and fear4#fc ,footnote #eb3 ,gruppe1 ,die griechischen ,culte und ,mythen1 p4 #bdd sq4 ,footnote #ec3 ,grant ,allen1 ,evolution of the ,idea of ,god1 p4 #cdg4 ,footnote #ed3 ,see ,brinton1 ,religions of ,primitive ,peoples1 p4 #ad4 ,footnote #ee3 ,parkman1 ,jesuits in ,north ,america1 p4 lxxxiv4 ,footnote #ef3 ,dorman1 ,origin of ,primitive ,superstitions1 p4 #cia 7,american ,indians generally74 ,mller1 ,geschichte der ,amerikanischen ,urreligionen1 pp4 #hd1 #aga1 #bad1 #bfj4 von ,spix and von ,martius1 ,travels in ,brazil1 ii4 #bdc 7,coroados74 ,brett1 ,indian ,tribes of ,guiana1 p4 #cfa sq42 ,im ,thurn1 ,among the ,indians of ,guiana1 p4 #cfg sq4 ,dunbar1 ',pawnee ,indians1' in ,magazine of ,american ,history1 viii4 #gcf4 ,mc,gee1 ',siouan ,indians1' in ,ann4 ,rep4 ,bur4 ,ethn4 xv4 #ahd4 ,murdoch1 ',ethn4 ,results of the ,point ,barrow ,expedition1' ibid4 ix4 #dcb 7,point ,barrow ,eskimo74 ,ross1 ',eastern ,tinneh1' in ,smithsonian ,report1 #ahff1 p4 #cjf4 ,radloff1 ,schamanenthum1 p4 #ae 7,turkish tribes of the ,altai74 ,fawcett1 ,saoras1 p4 #eg4 ,campbell1 ,wild ,tribes of ,khondistan1 p4 #afc sq4 ,hunter1 ,annals of ,rural ,bengal1 i4 #aha sq4 7,santals74 ,mouhot1 ,travels in the ,central ,parts of ,indo-,china1 ii4 #bi 7,bannavs of ,cambodia74 ,man1 ',aboriginal ,inhabitants of the ,andaman ,islands1' in ,jour4 ,anthr4 ,inst4 xii4 #aeg4 ,wilken1 ,het animisme bij de volken van den ,indischen ,archipel1 p4 #bjg sq4 ,st4 ,john1 ,life in the ,forests of the ,far ,east1 i4 #fi1 #gj1 #agh2 ,low1 ,sarawak1 p4 #bec2 ,selenka1 ,sonnige ,welten1 p4 in 7,dyaks74 von ,brenner1 ,besuch bei den ,kannibalen ,sumatras1 p4 #baf4 ,kubary1 ',die ,palau-,inseln1' in ,jour4 des ,museum ,godeffroy1 iv4 #dd 7,pelew ,islanders74 ,williams and ,calvert1 ,fiji1 p4 #ahi4 ,percy ,smith1 ',uea1' in ,jour4 ,polynesian ,soc4 i4 #aad4 ,turner1 ,samoa1 p4 #ba4 ,ellis1 ,polynesian ,researches1 i4 #ccf 7,tahitians74 ,taylor1 ,te ,ika a ,maui1 pp4 #ajd1 #adh2 ,yate1 ,account of ,new ,zealand1 p4 #ada2 ,polack1 op4 cit4 i4 #bdd 7,maoris74 ,fritsch1 ,die ,eingeborenen ,sd-,afrika's1 pp4 #cch1 #cci1 #cda 7,hottentots74 ,decle1 ,three ,years in ,savage ,africa1 p4 #aec 7,matabele74 ,livingstone1 ,missionary ,travels1 p4 #dce 7peoples inhabiting the country north of the ,zambesi74 ,monrad1 ,skildring af ,guinea-,kysten1 p4 #b 7,negroes of ,accra74 ,see also ,karsten1 ,origin of ,worship1 p4 #dd sqq42 infra1 p4 #ffe sqq4 ,footnote #eg3 ,cf4 ,keller1 ,homeric ,society1 p4 #aae sq4 ,footnote #eh3 ,monier-,williams1 ,brahmanism and ,hinduism1 p4 #bcj4 ,footnote #ei3 ,dn- ,mang- ,khirad1 xxxix4 #cc4 ,footnote #fj3 ,wiedemann1 ,religion of the ,ancient ,egyptians1 p4 #aaa sq4 ,footnote #fa3 ,psalms1 cxi4 #aj4 ,footnote #fb3 ,nldeke1 in ,archiv fr ,religionswissenschaft1 i4 #cfb4 ,footnote #fc3 ,sell1 ,faith of ,islm1 p4 #afe4 ,hope1 indeed1 forms an element in every religion1 even the lowest4 ,the assumed authors of painful or alarming events became objects of worship because they were conceived1 not as mechanical causes1 but as personal agencies which might be influenced by the regardful attitude of the worshipper4 ,the savage is not so irrational as to make offerings to beings from whom he expects no benefits in return4 ,and in proportion as the deities grew more benignant and their sphere of action was extended1 their worshippers became more confident1 expecting from them not only mercy but positive assistance4 ,we may suppose that already at an early stage of #fae culture man1 occasionally1 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 terms4 ,among the ,tshi-speaking peoples of the ,gold ,coast worship is the result not only of fear1 but also of the hope of obtaining some direct advantage or protection4#fd ,the pagans of ,siberia accompanied their sacrifices with words like these3--,behold what ,i bring you to eat2 bring me then in return children1 cattle1 and a long life4#fe ,the ,point ,barrow ,eskimo1 when he arrives at a river1 throws into the air a small piece of tobacco1 crying out1 ,spirits1 spirits1 ,i give you tobacco1 give me plenty of fish6#ff ,of the ,sia ,indians 7,pueblos7 ,mrs4 ,stevenson writes that their religion is not mainly one of propitiation1 but rather of supplication for favours and payment for the same--they do the will of and thereby please the beings to whom they pray4#fg ,we even hear of savages making thank-offerings to their gods4 ,in ,fiji1 after successful fishing for turtle1 or remarkable deliverance from danger in war or at sea1 or recovery from sickness1 a kind of thank-offering was sometimes presented to the deities4#fh ,when certain natives of ,eastern ,central ,africa1 after they have prayed for a successful hunting expedition1 return home laden with venison or ivory1 they know that they are indebted to their old relative for their good fortune1 and give him a thank-offering4#fi ,we are told that in ,northern ,guinea1 when a person has been repeatedly fortunate through the agency of a fetish1 he contracts a feeling of attachment and gratitude to it4#gj ,yet we have reason to suspect that the gratitude of the sacrificer is commonly #faf of the kind which ,la ,rochefoucauld defined as a secret desire to receive greater benefits in the future4#ga ,sometimes the thank-offering1 if it may be called so1 is expressly preceded by a vow4 ,among the ,kansas the warrior1 when going to war says1 facing the ,east1 ,i wish to pass along the road to the foe6 ,o ,wakanda6 ,i promise you a blanket if ,i succeed2 and turning to the ,west1 ,o ,wakanda6 ,i promise you a feast if ,i succeed4#gb ,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 offered4 ,in the ,vedic hymns the gods are addressed by phrases like these1 ,if you give me this1 ,i shall give you that1 or1 ,as you have given me this1 ,i shall give you that4#gc ,the singer navely confesses1 ,i looked forth in spirit1 seeking good1 ,o ,indra and ,agni1 to relations and kinsmen2 but ,i have no other helper than you2 therefore ,i have made you a powerful song4#gd ,the ,greeks expressed the idea connected with their sacrifices in the proverbial saying1 ,greek3 dra theous pei_/thei4#ge ,the ancient ,hebrew view on the subject is illustrated by the vow of ,jacob3--,if ,god will be with me1 and will keep me in this way that ,i go1 and will give me bread to eat1 and raiment to put on1 so that ,i come again to my father's house in peace2 then shall the ,lord be my ,god3 ,and this stone1 which ,i have set for a pillar1 shall be ,god's house3 and of all that thou shalt give me ,i will surely give the tenth unto thee4#gf ,footnote #fd3 ,ellis1 ,tshi-speaking ,peoples of the ,gold ,coast1 p4 #ag4 ,cf4 ,idem1 ,yoruba-speaking ,peoples of the ,slave ,coast1 p4 #bgg4 ,footnote #fe3 ,georgi1 ,russia1 iii4 #bhd4 ,footnote #ff3 ,murdoch1 in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #dcc4 ,footnote #fg3 ,stevenson1 ',sia1' in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #fg4 ,footnote #fh3 ,williams and ,calvert1 op4 cit4 p4 #aie4 ,footnote #fi3 ,macdonald1 ,africana1 i4 #fa4 ,for other instances of thank-offerings see ,shooter1 ,kafirs of ,natal1 p4 #afe2 ,smith1 ',myths of the ,iroquois1' in ,ann4 ,rep4 ,bur4 ,ethn4 ii4 #ea4 ,jochelson1 ',koryak ,religion and ,myth1' in ,jesup ,north ,pacific ,expedition1 vi4 #be1 #ib4 ,leem1 ,beskrivelse over ,finmarkens ,lapper1 p4 #dca 7,lapps74 ,footnote #gj3 ,wilson1 ,western ,africa1 p4 #bab4 ,footnote #ga3 ,la ,rochefoucauld1 ,maximes1 #bih4 ,footnote #gb3 ,dorsey1 ',mourning and ,war ,customs of the ,kansas1' in ,american ,naturalist1 xix4 #fgh4 ,footnote #gc3 ,mller1 ,physical ,religion1 p4 #ajj4 ,oldenberg1 ,religion des ,veda1 pp4 #cjb-cbf1 #dcj sqq4 ,footnote #gd3 ,rig-,veda1 i4 #aji4 #a4 ,cf4 ibid4 i4 #ga4 #g4 ,footnote #ge3 ,plato1 ,respublica1 iii4 #cij4 ,footnote #gf3 ,genesis1 xxviii4 #bj sqq4 ,in many cases the sacrificial victims are intended to serve as substitutes for other individuals1 whose lives are in danger4 ,we have previously noticed that the practice of human sacrifice is mainly based on the idea of substitution4#gg ,we have also seen that a growing reluctance to this practice often led to the offering of animals instead of #fag men4#gh ,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 sacrifice4 ,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 derivative4 ,the ,moors invariably sacrifice an animal at the foundation of a new building2 and though this is said to be 7r upon the spirit owners of the place some idea of substitution seems also to be connected with the act1 as they maintain that if no animal were killed the inmates of the house would die or remain childless4 ,a similar practice prevails in ,syria1 where the people believe that every house must have its death1 either man1 woman1 child1 or animal4#gi ,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 atonement4 ,before doing so he strikes his head with the cock three times1 saying at each stroke1 ,let this cock be a commutation for me1 let him be substituted for me2 and when he strangles his victim by compressing the neck with his hand1 he at the same time reflects that he himself deserves to be strangled4#hj ,these customs can certainly not be regarded as survivals of an earlier practice of killing a human being4 ,moreover an animal is sometimes sacrificed for the purpose of saving the lives of other animals4 ,thus in a place in ,scotland1 in #agfg1 a young heifer was offered in the holy fire during a cattle-plague4#ha ,and in ,great ,benin1 in ,west ,africa1 on the anniversary of the death of ,adolo1 king ,overami's father1 not only twelve men1 but twelve cows1 twelve goats1 twelve sheep1 and twelve fowls were offered1 and ,overami1 addressing his father1 asked him to look after the cows1 goats1 and fowls1 and everything in the farms1 as well as the people4#hb ,sacrifices which are #fah substitutional in character may or may not be intended to satisfy the material needs of supernatural beings4 ,in some cases1 as we have seen1 their object is to appease a resentful god by the mere death of the victim4#hc ,footnote #gg3 ,supra1 ch4 xix4 ,footnote #gh3 ,supra1 i4 #dfi sq4 ,footnote #gi3 ,curtiss1 ,primitive ,semitic ,religion ,to-day1 p4 #bbd sq4 ,footnote #hj3 ,allen1 ,modern ,judaism1 p4 #djf4 ,footnote #ha3 ,grimm1 ,teutonic ,mythology1 ii4 #fjh4 ,footnote #hb3 ,moor and ,roupell1 quoted by ,read and ,dalton1 ,antiquities from the ,city of ,benin1 p4 #f1 and by ,ling ,roth1 ,great ,benin1 p4 #gj sq4 ,footnote #hc3 ,supra1 i4 #dch sqq4 ,we have further noticed that1 in the case of human sacrifice1 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 one4#hd ,the same is sometimes true of other offerings as well4#he ,the ,iroquois sacrifice of the white dog#hf was1 according to ,mr4 ,morgan1 intended to send up the spirit of the dog as a messenger to the ,great ,spirit1 to announce their continued fidelity to his service1 and1 also1 to convey to him their united thanks for the blessings of the year2 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 offerings4#hg ,the ,huichols of ,mexico often use the arrows which they sacrifice to their gods as carriers of special prayers4#hh ,footnote #hd3 ,supra1 i4 #dfe sq4 ,footnote #he3 ,cf4 ,hubert and ,mauss1 ',essai sur la nature et la fonction du sacrifice1' in ,l'anne sociologique1 ii4 #ajf1 n4 9999#a4 ,footnote #hf3 ,see supra1 i4 #ec1 #fd4 ,footnote #hg3 ,morgan1 ,league of the ,iroquois1 p4 #baf sqq4 ,footnote #hh3 ,lumholtz1 ,unknown ,mexico1 ii4 #bje4 ,not only are sacrifices used as bearers of prayers1 but they are also frequently offered for the purpose of transferring curses4 ,in ,morocco every syid#hi 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 illness1 or being blessed with children1 or getting a suitable husband or wife1 or receiving help against an enemy1 or deriving some other benefit from the saint4 ,to secure his assistance the visitor makes 7r upon him2 and the ,moorish 7r1 of which ,i have spoken above1#ij implies the transference of a conditional curse1 whether it be made upon an ordinary man or a saint1 living or dead4 ,the 7r put upon a saint may consist in throwing stones upon a cairn connected with his sanctuary1 or making a pile of #fai stones to him1 or tying a piece of cloth at the syid1 or knotting the leaves of some palmetto or the stalks of white broom growing in its vicinity1 or offering an animal sacrifice to the saint4#ia ,this making of 7r is accompanied by a promise to reward the saint if he grants the request2 but the sacrifice offered in fulfilment of such a promise 7l-w7da7 is totally distinct from that offered as 7r4 ,it is a genuine gift1 whereas the 7r-sacrifice is a means of constraining the saint4 ,when an animal is killed as 7r the usual phrase bismillh1 ,in the name of ,god1 is not used1 and the animal may not be eaten1 except by poor people4#ib ,on the other hand1 the animal which is sacrificed as w7da is always killed in the name of ,god1 and is offered for the very purpose of being eaten by the saint's earthly representatives4 ,nothing can better show than the ,moorish distinction between l-7r and l-w7da how futile it would be to try to explain every kind of sacrifice by one and the same principle4 ,the distinction between them is fundamental3 the former is a threat1 the latter is a promised reward4#ic ,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 act1 combined with the ascription of mysterious propensities to blood1 and especially to sacrificial blood1 which1 according to primitive ideas1 made it a most efficient conductor of curses4 ,footnote #hi3 ,for the meaning of this word see supra1 ii4 #ehd4 ,footnote #ij3 ,supra1 i4 #ehf sq42 ii4 #ehd sq4 ,footnote #ia3 ,westermarck1 ',l-7r1 or the ,transference of ,conditional ,curses in ,morocco1' in ,anthropological ,essays presented to ,e4 ,b4 ,tylor1 p4 #cfh sqq4 ,idem1 ,the ,moorish ,conception of ,holiness 7,baraka71 p4 #ij sqq4 ,footnote #ib3 ,however1 if the syid has a m,k4ddem1 or regular attendant1 the petitioner often hands the animal over to him alive1 so that he may himself kill it in the name of ,god1 and thus make it eatable4 ,then the descendants of the saint1 if he has any1 and the m,k4ddem himself1 have no hesitation in eating the animal1 bismillh being a holy word which removes the curse or evil energy inherent in l-7r4 ,footnote #ic3 ,when ,i have asked how it is that a saint1 although invoked with l-7r1 does not always grant the request made to him1 the answer has been that he can1 but that he is not all-powerful and the failure is due to the fact that ,god does not listen to his prayer4 ,but it also occurs that a person who has in vain made 7r upon a saint goes to another syid to complain of him4 ,there is a general belief that saints do not help unless 7r is made on them--an idea which is not very flattering to their character4 #fbj ,there are obvious indications that the 7r-sacrifice of the ,moors is not unique of its kind1 but has its counterpart among certain other peoples4 ,in ancient religions sacrifice is often supposed to exercise a constraining influence on the god to whom it is offered4 ,we meet with this idea in ,zoroastrianism1#id in many of the ,vedic hymns1#ie and especially in ,brahmanism4 ,here1 says ,barth1 the rites of religion are the real deities1 or at any rate they constitute together a sort of independent and superior power1 before which the divine personalities disappear1 and which almost holds the place allotted to destiny in other systems4 ,the ancient belief1 which is already prominent in the ,hymns1 that sacrifice conditionates the regular course of things1 is met with here in the rank of a commonplace1 and is at times accompanied with incredible details4#if ,now1 there can be little doubt that this ascription of a magic power to the sacrifice1 by means of which it could control the actions of the gods1 was due to the idea that it served as a conductor of imprecations2 for it was invariably accompanied by a formula which was considered to possess irresistible force4 ,in the invocation lies the hidden energy which gives the efficacy to the sacrifice2 without ,brahman4aspati1 the lord of prayer1 sacrifice does not succeed4#ig ,the ,greeks actually offered anathemata1 or curses1 to their gods4#ih ,the ancient ,arabs1 again1 after killing the sacrificial animal1 threw its hair on a holy tree as a curse4#ii ,but so little has the true import of such sacrifices been understood even by eminent scholars1 that they have been represented as votive offerings or gifts to the deity4#ajj ,footnote #id3 ,darmesteter1 ,ormazd et ,ahriman1 p4 #ccj4 ,footnote #ie3 ,rig-,veda1 iii4 #de4 #a2 iv4 #ae4 #e2 vi4 #ea4 #h2 viii4 #b4 #f4 ,oldenberg1 ,religion des ,veda1 p4 #caa sq4 ,footnote #if3 ,barth1 ,religions of ,india1 p4 #dg sq4 ,footnote #ig3 ,rig-,veda1 i4 #ah4 #g4 ,footnote #ih3 ,rouse1 ,greek ,votive ,offerings1 p4 #ccg sqq4 ,footnote #ii3 ,wellhausen1 ,reste arabischen ,heidentums1 p4 #abd4 ,footnote #ajj3 ,rouse1 op4 cit4 p4 #ccg4 ,wellhausen1 op4 cit4 p4 #abd4 ,considering that the idea of sacrifice being a conductor of imprecations has hitherto almost entirely escaped the notice of students of early religion1 it is impossible to say #fba how widely it prevails and whether it also occurs in the savage world4 ,we know that the practice of cursing a god not only was familiar to the ancient nations of culture1 including the ,egyptians1#aja ,hebrews1 and other ,semites1#ajb but is common among peoples like the ,south ,african ,bechuanas#ajc and the ,nagas of ,india4#ajd ,and that the shedding of blood is frequently applied as a means of transferring curses is suggested by various cases in which1 however1 the object of the imprecation is not a god but a man4 ,we have previously noticed the reception sacrifices offered to visiting strangers1 presumably for the purpose of transmitting to them conditional curses2#aje and a very similar idea seems to underlie certain cases of oath-taking4 ,sometimes the oath is taken in connection with a sacrifice made to a god1 and then the sanctity of the sacrificial animal naturally increases the efficacy of the self-imprecation4 ,in other instances the oath is taken on the blood of an animal which is killed for the purpose1 apparently without being sacrificed to a god4 ,but in either case1 ,i believe1 the blood of the animal is thought not only to add supernatural energy to the oath1 but to transfer1 as it were1 the self-imprecation to the very person who pronounces it4 ,the ,mrs1 a ,chittagong hill tribe1 will swear by one of their gods1 to whom1 at the same time1 a sacrifice must be offered4#ajf ,among the ancient ,norsemen both the accused and the accuser grasped the holy ring kept for that purpose on the altar1 stained with the blood of a sacrificial bull1 and made oath by invoking ,freyr1 ,niordr1 and the almighty among the ,asas4#ajg ,at ,athens a person who charged another with murder made an oath with imprecations upon himself and his family and his house1 standing upon the entrails of a boar1 a ram1 and a bull1 #fbb which had been sacrificed by special persons on the appointed days4#ajh ,tyndareus sacrificed a horse and swore the suitors of ,helen1 making them stand on the pieces of the horse1 the oath being to defend ,helen and him who might be chosen to marry her if ever they should be wronged4#aji ,one of the three binding forms of oath prevalent among the ,snsiya in ,india is to kill a cock and pouring its blood on the ground swear over it4#aaj ,when the ,annamese swear by heaven and earth1 they often kill a buffalo or he-goat and drink its blood4#aaa ,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 purpose4#aab ,footnote #aja3 ,book of the ,dead1 ch4 #abe4 ,footnote #ajb3 ,exodus1 xxii4 #bh4 #a ,samuel1 xvii4 #dc4 ,isaiah1 viii4 #ba4 ,footnote #ajc3 ,chapman1 ,travels in the ,interior of ,south ,africa1 i4 #de sq4 ,footnote #ajd3 ,woodthorpe1 ',wild ,tribes inhabiting the so-called ,naga ,hills1' in ,jour4 ,anthr4 ,inst4 xi4 #gj4 ,footnote #aje3 ,supra1 i4 #eij sq4 ,footnote #ajf3 ,lewin1 ,wild ,races of ,south-,eastern ,india1 p4 #bcc4 ,cf4 ibid4 p4 #bdd 7,pankhos and ,bunjogees74 ,footnote #ajg3 ,landnmabk1 iv4 #g 7,islendnga ,sgur1 i4 #beh74 ,lea1 ,superstition and ,force1 p4 #bg4 ,keyser1 ,efterladte ,skrifter1 ii4 pt4 i4 #chh4 ,gummere1 ,germanic ,origins1 p4 #cja4 ,footnote #ajh3 ,demosthenes1 ,oratio 7xxiii47 contra ,aristocratem1 #fg sq41 p4 #fdb4 ,footnote #aji3 ,pausanias1 iii4 #bj4 #i4 ,for ,homeric oath sacrifices see ,iliad1 iii4 #bfj sqq42 xix4 #bej sqq42 ,keller1 ,homeric ,society1 p4 #agf sqq4 ,footnote #aaj3 ,crooke1 ,tribes and ,castes of the ,north-,western ,provinces1 iv4 #bha4 ,footnote #aaa3 ,kohler1 ,rechtsvergleichende ,studien1 p4 #bjh4 ,footnote #aab3 ,wellhausen1 ,reste arabischen ,heidentums1 p4 #abh4 ,the last mentioned case1 which implies shedding of blood as a means of sealing a compact1 leads us to a special class of sacrifices offered to gods1 namely1 the covenant sacrifice1 known to us from ,semitic antiquity4 ,the ,hebrews1 as ,professor ,robertson ,smith observes1#aac thought of the national religion as constituted by a formal covenant sacrifice at ,mount ,sinai1 where half of the blood of the sacrificed oxen was sprinkled on the altar and the other half on the people1#aad or even by a still earlier covenant rite in which the parties were ,yahve and ,abraham2#aae and the idea of sacrifice establishing a covenant between ,god and man is also apparent in the ,psalms4#aaf ,in various cases recorded in the ,old ,testament sacrifice is accompanied by a sacrificial meal2#aag the god and his worshippers are wont to eat and drink together1 and by this token their fellowship is declared #fbc and sealed4#aah ,robertson ,smith and his followers have represented this as an act of communion1 as a sacrament in which the whole kin--the god with his clansmen--unite1 and in partaking of which each member renews his union with the god and with the rest of the clan4 ,at first1 we are told1 the god--that is1 the totem god--himself was eaten1 whilst at a later stage the practice of eating the god was superseded by the practice of eating with the god4 ,communion still remains the core of sacrifice2 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 god4#aai ,but ,i venture to think that the whole of this theory is based upon a misunderstanding of the ,semitic evidence1 and that existing beliefs in ,morocco throw new light upon the covenant sacrifice4 ,footnote #aac3 ,robertson ,smith1 ,religion of the ,semites1 p4 #cah sq4 ,footnote #aad3 ,exodus1 xxiv4 #d sqq4 ,footnote #aae3 ,genesis1 xv4 #h sqq4 ,footnote #aaf3 ,psalms1 l4 #e4 ,footnote #aag3 ,genesis1 xxxi4 #ed4 ,exodus1 xxiv4 #aa4 #a ,samuel1 xi4 #ae4 ,wellhausen says 7,prolegomena to the ,history of ,israel1 p4 #ga7 that1 according to the practice of the older period1 a meal was nearly always connected with a sacrifice4 ,footnote #aah3 ,robertson ,smith1 op4 cit4 p4 #bga4 ,footnote #aai3 ,ibid4 lec4 ix4 sqq4 ,hartland1 ,legend of ,perseus1 ii4 #bcf4 ,jevons1 ,introduction to the ,history of ,religion1 p4 #bbe4 ,the ,moorish covenant 7l-7ahd7 is closely connected with the ,moorish 7r4 ,whilst l-7r is one-sided1 l-7ahd is mutual1 both parties transferring conditional curses to one another4 ,and here again the transference requires a material conductor4 ,among the ,arabs of the plains and the ,berbers of ,central ,morocco chiefs1 in times of rebellion1 exchange their cloaks or turbans1 and it is believed that if any of them should break the covenant he would be punished with some grave misfortune4 ,among the ,uld ,bu 7,azz1 in the province of ,dukkla1 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 other1 after which the saint throws his cloak over the united hands1 saying1 ,this is 7ahd between you4 ,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 buried1 or they may perform the same ceremony simply in the presence of some friends4 ,in either case the joining of hands is usually #fbd accompanied by a common meal1 and frequently the hands are joined over the dish after eating4 ,if a person who has thus made a compact with another is afterwards guilty of a breach of faith1 it is said that ,god and the food will repay him2 in other words1 the conditional curse embodied in the food which he ate will be realised4 ,all over ,morocco the usual method of sealing a compact of friendship is by eating together1 especially at the tomb of some saint4 ,as we have noticed above1#abj the sacredness of the place adds to the efficacy of the imprecation1 but its vehicle1 the real punisher1 is the eaten food1 because it contains a conditional curse4 ,footnote #abj3 ,supra1 i4 #ehg4 ,the 7ahd of the ,moors helps us to understand the covenant sacrifice of the ancient ,semites4 ,the only difference between them is that the former is a method of establishing a compact between men and men1 whilst the latter established a compact between men and their god4 ,the idea of a mutual transference of conditional curses undoubtedly underlies both4 ,it should be noticed that in the ,old ,testament also1 as among the ,moors1 we meet with human covenants made by the parties eating together4#aba ,thus the ,israelites entered into alliance with the ,gibeonites by taking of their victuals1 without consulting ,yahve1 and the meal was expressly followed by an oath4#abb ,in other instances1 again1 the common dish consisted of sacrificial food1 either because the sacredness of such food was supposed to make the conditional curse embodied in it more efficacious1 or because the deity was included as a third party to the covenant4 ,footnote #aba3 ,genesis1 xxvi4 #cj2 xxxi4 #df4 #b ,samuel1 iii4 #bj sq4 ,robertson ,smith1 op4 cit4 p4 #bga4 ,nowack1 ,lehrbuch der hebrischen ,archologie1 i4 #cei4 ,footnote #abb3 ,joshua1 ix4 #ad sq4 ,whilst in some cases the object of a sacrifice is to transfer conditional curses either to the god to whom it is made1 or to both the god and the worshipper1 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 persons4 ,as we have noticed #fbe above1 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 offered1 and this energy is then supposed to have a salutary effect upon the person who comes in touch with it4 ,i have said before that in ,morocco magic virtue is ascribed to various parts of the sheep which is sacrificed at the ,great ,feast1 and that every offering to a holy person1 especially a dead saint1 is considered to participate to some extent in his sanctity4#abc ,the ,vedic people regarded sacrificial food as a kind of medicine4#abd ,the ,siberian ,kachinzes blessed their huts with sacrificial milk4#abe ,the ,lapps strewed the ashes of their burnt-offerings upon their heads4#abe ,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 god4 ,footnote #abc3 ,supra1 i4 #dde sq4 ,see also ,westermarck1 ',the ,popular ,ritual of the ,great ,feast in ,morocco1' in ,folk-,lore1 xxii4 #ade sqq42 ,hubert and ,mauss1 loc4 cit4 p4 #acc4 ,footnote #abd3 ,oldenberg1 ,die ,religion des ,veda1 p4 #cbh sqq4 ,footnote #abe3 ,georgi1 op4 cit4 iii4 #bge4 ,footnote #abf3 von ,dben1 ,lappland och ,lapparne1 p4 #beh4 ,as is the case with other rites1 sacrifices also have a strong tendency to survive the ideas from which they sprang4 ,thus when the materialistic conception of the nature of gods faded away1 offerings continued to be made to them1 though their meaning was changed4 ,as ,sir ,e4 ,b4 ,tylor observes1 the idea of practical acceptableness of the food or valuables presented to the deity1 begins early to shade into the sentiment of divine gratification or propitiation by a reverent offering1 though in itself of not much account to so mighty a divine personage1#abg ,sacrifice then becomes mainly1 or exclusively1 a symbol of humility and reverence4 ,even in the ,rig-,veda1 in spite of its crude materialism1 we meet with indications of the idea that the value of a sacrifice lies in the feelings of the worshipper2 if unable to offer an ox or cow1 the singer hopes that a small gift from the heart1 a fagot1 a libation1 a bundle of grass1 offered with reverence1 #fbf will be more acceptable to the god than butter or honey4#abh ,in ,greece1 though the sacrificial ritual remained unchanged till the end of paganism1 we frequently come upon the advanced reflection that righteousness is the best sacrifice1 that the poor man's slight offering avails more with the deity than hecatombs of oxen4#abi ,according to ,porphyry1 the gods have no need of banquets and magnificent sacrifices1 but we should with the greatest alacrity make a moderate oblation to them of our own property1 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 men4#acj ,it is said in the ,talmud that he who offers humility unto ,god and man1 shall be rewarded with a reward as if he had offered all the sacrifices in the world4#aca ,footnote #abg3 ,tylor1 ,primitive ,culture1 ii4 #cid4 ,footnote #abh3 ,rig-,veda1 viii4 #ai4 #e4 ,kaegi1 op4 cit4 p4 #cj4 ,footnote #abi3 ,farnell1 ,cults of the ,greek ,states1 i4 #aja4 ,schmidt1 ,die ,ethik der alten ,griechen1 ii4 #dc4 ,westcott1 ,essays in the ,history of ,religious ,thought1 p4 #aaf4 ,footnote #acj3 ,porphyry1 ,de abstinentia ab esu animalium1 ii4 #fj4 ,footnote #aca3 ,deutsch1 ,literary ,remains1 p4 #ee4 ,i have here spoken of the practice of sacrifice and the ideas on which it is based4 ,but sacrifice has also a moral value attached to it4 ,though no doubt in many cases optional1 it is under various circumstances regarded as a stringent duty4 ,this is particularly the case with the offerings regularly made by the community at large on special occasions fixed by custom4 99 99 99 99 99 ,as supernatural beings have material needs like men1 they also possess property like men1 and this must not be interfered with4 ,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 greediness1 by making them deaf and dumb4#acb ,when their chief god played by thundering1 the ,amazulu said to him who was frightened1 ,why do you start1 because the lord plays8 ,what have you taken which belongs to him8#acc ,the ,fijians speak of a deluge #fbg the cause of which was the killing of a favourite bird belonging to the god ,ndengei by two mischievous lads1 his grandsons4#acd ,in ,efate1 of the ,new ,hebrides1 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 stealing4#ace ,so1 too1 the pillaging of a temple has commonly been looked upon as the worst kind of robbery4#acf ,among the ,hebrews any trespass upon ground which was hallowed by the localised presence of ,yahveh was visited with extreme punishment4#acg ,in ,arabia people were forbidden to cut fodder1 fell trees1 or hunt game within the precincts of a sacred place4#ach ,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 h4orm of a syid1 or dead saint4 ,the h4orm is the homestead and domain of the saint1 and he is the owner of everything within its borders4 ,but the offence is not exclusively one against property1 and it may be doubted whether originally any clear idea of ownership at all was connected with it4 ,in a holy place all objects are endowed with supernatural energy1 and may therefore themselves1 as it were1 avenge injuries committed against them4 ,this is true of the h4orm of a saint1 as well as of any other sanctuary1 all his belongings being considered to partake of his sanctity4 ,but1 as a matter of fact1 the so-called tomb of a saint is frequently a place which was at first regarded as holy by itself1 on account of its natural appearance1 and was only afterwards traditionally associated with a holy person1 when the need was felt of giving an anthropomorphous interpretation of its holiness4#aci ,according to early ideas a #fbh sacred object cannot with impunity be appropriated for ordinary purposes2#adj but1 on the other hand1 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 h4orm1 to be used as a charm4#ada ,it also deserves notice that the saint protects not only his own property1 but any goods left in his care2 hence the country ,arabs of ,morocco often have their granaries in the h4r7umat of saints4 ,footnote #acb3 ,dennett1 ,folklore of the ,fjort1 p4 #e sq4 ,footnote #acc3 ,callaway1 ,religious ,system of the ,amazulu1 p4 #eg4 ,footnote #acd3 ,williams and ,calvert1 op4 cit4p4 #bab4 ,footnote #ace3 ,macdonald1 ,oceania1 p4 #bjh4 ,footnote #acf3 ,schmidt1 ,ethik der alten ,griechen1 ii4 #ai sq4 ,cicero1 ,de legibus1 ii4 #i1 #af2 ,mommsen1 ,rmisches ,strafrecht1 p4 #deh4 ,wilda1 ,strafrecht der ,germanen1 p4 #iej2 ,dahn1 ,bausteine1 ii4 #ajf 7,teutons74 ,du ,boys1 ,histoire du droit criminel des peuples modernes1 ii4 #fje sq4 ,filangieri1 ,la scienza della legislazione1 iv4 #bje 7laws of ,christian countries74 ,footnote #acg3 ,montefiore1 ,hibbert ,lectures on the ,religion of the ,ancient ,hebrews1 p4 #ch4 ,footnote #ach3 ,wellhausen1 ,reste arabischen ,heidentums1 p4 #ajf4 ,footnote #aci3 ,westermarck1 ',sul culto dei santi nel ,marocco1' in ,actes du ,,xii4 ,congrs ,international des ,orientalistes1 iii4 #age4 ,cf4 ,goldziher1 ,muhammedanische ,studien1 ii4 #cdd sqq4 ,footnote #adj3 ,see ,robertson ,smith1 op4 cit4 lec4 iv4 and ,additional ,note ,b4 ,footnote #ada3 ,westermarck1 in ,actes du ,,xii4 ,congrs des ,orientalistes1 iii4 #afg sq4 ,moreover1 anybody who takes refuge at a syid is for the moment safe4 ,the right of sanctuary is regarded as very sacred in ,morocco1 especially in those parts of the country where the ,sultan's government has no power4 ,to violate it is an outrage which the saint is sure to punish4 ,i saw a madman whose insanity was attributed to the fact that he once had forcibly removed a fugitive from a saint's tomb2 and of a late ,grand-,vizier it is said that he was killed by two powerful saints of ,dukkla1 on whose refugees he had laid violent hands4 ,even the descendants of the saint or his manager 7mk4ddem7 can only by persuasion and by promising to mediate between the suppliant and his pursuer induce the former to leave the place4#adb ,as is well known1 this is not a custom restricted to ,morocco4 ,among many peoples1 at different stages of civilisation1 sacred places give shelter to refugees4#adc ,footnote #adb3 ,see ,westermarck1 ,the ,moorish ,conception of ,holiness1 p4 #aaf sqq4 ,footnote #adc3 ,see ,andree1 ',die ,asyle1' in ,globus1 xxxviii4 #cja sq42 ,frazer1 ',origin of ,totemism1' in ,fortnightly ,review1 ,n4 ,s4 lxv4 #fej sqq42 ,hellwig1 ,das ,asylrecht1 passim2 ,bulmerincq1 ,das ,asylrecht1 passim4 ,fuld1 ',das ,asylrecht im ,alterthum und ,mittelalter1' in ,zeitschr4 f4 vergl4 ,rechtswiss4 vii4 p4 #ajc sqq4 ,among the ,central ,australian ,arunta there is in each local totem centre a spot called ertnatulunga1 in the immediate neighbourhood of which everything is sacred and must on no account be hurt4 ,the plants growing there are never interfered with in any way2 animals which come there are safe #fbi from the spear of the hunter2 and a man who was being pursued by others would not be touched so long as he remained at this spot4#add ,in ,upolu1 one of the ,samoan ,islands1 a certain god1 ,vave1 had his residence in an old tree1 which served as an asylum for murderers and other great offenders2 if that tree was reached by the criminal he was safe1 and the avenger could pursue no farther1 but had to wait for investigation and trial4#ade ,in the island of ,hawaii there were two puhonuas1 or cities of refuge1 which afforded an inviolable sanctuary even to the vilest criminal who entered their precincts1 and during war offered safe retreat to all the non-combatants of the neighbouring districts who flocked into them1 as well as to the vanquished4 ,as soon as the fugitive had entered1 he repaired to the presence of the idol and made a short ejaculatory address1 expressive of his obligations to him in reaching the place with security4 ,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 tabu1 and1 as they put it1 under the shade or protection of the spirit of ,keave1 the tutelary deity of the place4 ,after a short period1 probably not more than two or three days1 the refugee was permitted to return unmolested to his home1 the divine protection being supposed still to abide with him4#adf ,in ,tahiti the morais1 or holy places1 likewise gave shelter to criminals of every kind4#adg ,at ,maiva1 in the ,south-,eastern part of ,new ,guinea1 should a man be pursued by an enemy and take refuge in the dubu or temple1 he is perfectly safe inside4 ,any one smiting another inside the dubu would have his arms and legs shrivelled up1 and he could do nothing but wish to die4#adh ,footnote #add3 ,spencer and ,gillen1 ,native ,tribes of ,central ,australia1 p4 #acc sqq4 ,footnote #ade3 ,turner1 ,samoa1 p4 #fd sq4 ,footnote #adf3 ,ellis1 ,tour through ,hawaii1 p4 #aee sqq4 ,jarves1 ,history of the ,hawaiian ,islands1 p4 #bh sq4 ,footnote #adg3 ,turnbull1 ,voyage round the ,world1 p4 #cff4 ,wilson1 ,missionary ,voyage to the ,southern ,pacific ,ocean1 p4 #cea4 ,footnote #adh3 ,chalmers and ,gill1 ,work and ,adventure in ,new ,guinea1 p4 #ahf4 ,in many ,north ,american tribes certain sacred places or whole villages served as asylums1 in which those who were pursued by the tribe or even an enemy were safe as soon as they had obtained admission4#adi ,among the ,acagchemem ,indians1 in the valley and neighbourhood of ,san ,juan ,capistrano in ,california1 a criminal who had fled to a vanquech1 or place of worship1 was secure not only as long as he remained there1 but #fcj also after he had left the sanctuary4 ,it was not even lawful to mention his crime1 but all that the avenger could do to him was to point at him and deride him1 saying1 ,lo1 a coward1 who has been forced to flee to ,chinigchinich6 ,this flight1 however1 turned the punishment from the head of the criminal upon that of some of his relatives4#aej ,footnote #adi3 ,adair1 ,history of the ,american ,indians1 pp4 #aeh1 #aei1 #daf4 ,bradbury1 ,travels in the ,interior of ,america1 p4 #afe sq4 7,aricaras of the ,missouri74 ,bourke1 ',medicine-,men of the ,apache1' in ,ann4 ,rep4 ,bur4 ,ethn4 ix4 #dec4 ,kohl1 ,kitchi-,gami1 p4 #bga 7,chippewas74 ,footnote #aej3 ,bancroft1 ,native ,races of the ,pacific ,states1 iii4 #afg4 ,boscana1 in ,robinson1 ,life in ,california1 p4 #bfb sq4 ,the ,south-,central ,african ,barotse have a city of refuge4 ,anyone incurring the king's wrath1 or committing a crime1 may find safety by fleeing to this town4 ,the man in charge of it is expected to plead for him before the chief1 and he can then return to his house in peace4#aea ,among the same people the tombs of chiefs are sanctuaries or places of refuge1#aeb and this is also the case among the ,kafirs4#aec ,so1 too1 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 king4#aed ,among the ,ovambo in ,south-,western ,africa the village of a great chief is abandoned at his death1 except by the members of a certain family1 who remain there to prevent it from falling into utter decay4 ,condemned criminals who contrive to escape to one of these deserted villages are safe1 at least for a time2 for not even the chief himself may pursue a fugitive into the sacred place4#aee ,in ,congo ,franais there are several sanctuaries3--,the great one in the ,calabar district is at ,omon4 ,thither mothers of twins1 widows1 thieves1 and slaves fly1 and if they reach it are safe4#aef ,in ,ashantee a slave who flies to a temple and dashes himself against the fetish cannot easily be brought back to his master4#aeg ,among the ,negroes of ,accra criminals used to seat themselves upon the fetish1 that is1 place themselves under its protection2 but murderers who sought refuge with the fetish were always liable to be delivered up to their pursuers4#aeh ,a traveller in the seventeenth century tells us that in ,fetu1 on the ,gold ,coast1 a criminal who deserved death was pardoned by taking refuge in the hut of the high-priest4#aei ,among the ,krumen of the ,grain ,coast the house of the high-priest 7bodio7 is a sanctum to which culprits #fca may betake themselves without the danger of being removed by anyone except by the bodio himself4#afj ,in ,usambara a murderer cannot be arrested at any of the four places where the great wizards of the country reside4#afa ,footnote #aea3 ,arnot1 ,garenganze1 p4 #gg4 ,footnote #aeb3 ,decle1 ,three ,years in ,savage ,africa1 p4 #ge4 ,footnote #aec3 ,rehme1 ',das ,recht der ,amaxosa1' in ,zeitschr4 f4 vergl4 ,rechtswiss4 x4 #ea4 ,footnote #aed3 ,paulitschke1 ,ethnographie ,nordost-,afrikas1 ,die geistige ,cultur der ,dankil1 c4 p4 #aeg4 ,footnote #aee3 ,schinz1 ,deutsch-,sdwest-,afrika1 p4 #cab4 ,footnote #aef3 ,kingsley1 ,travels in ,west ,africa1 p4 #dff4 ,footnote #aeg3 ,bowdich1 ,mission to ,ashantee1 p4 #bfe4 ,cf4 ,monrad1 op4 cit4 p4 #db4 ,footnote #aeh3 ,monrad1 op4 cit4 p4 #hi4 ,footnote #aei3 ,mller1 ,die ,africanische ,landschafft ,fetu1 p4 #ge4 ,footnote #afj3 ,wilson1 ,western ,africa1 p4 #abi4 ,footnote #afa3 ,krapf1 ,reisen in ,ost-,afrika1 ii4 #acb4 ,in other ,muhammedan countries besides ,morocco the tombs of saints1 as also the mosques1 are or have been places of refuge4#afb ,in ,persia the great number of such asylums proved so injurious to public safety1 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 description4#afc ,among the ,hebrews the right of asylum originally belonged to all altars1#afd but on the abolition of the local altars it was limited to certain cities of refuge4#afe ,according to the ,old ,testament manslayers could find shelter there only in the case of involuntary homicide2 but this was undoubtedly a narrowing of the ancient custom4 ,many heathen sanctuaries of the ,phoenicians and ,syrians retained even in ,roman times what seems to have been an unlimited right of asylum2#aff and at certain ,arabian shrines the god likewise gave shelter to all fugitives without distinction1 and even stray or stolen cattle that reached the holy ground could not be reclaimed by their owners4#afg ,footnote #afb3 ,goldziher1 ,muhammedanische ,studien1 i4 #bcg sq4 ,quatremre1 ',mmoire sur les asiles chez les ,arabes1' in ,mmoires de l',institut de ,france1 ,acadmie des ,inscriptions et ,belles-,lettres1 xv4 pt4 ii4 #cac sq4 ,footnote #afc3 ,polak1 ,persien1 ii4 #hc sqq4 ,brugsch1 ,im ,lande der ,sonne1 p4 #bdf4 ,footnote #afd3 ,exodus1 xxi4 #ac sq4 ,cf4 ,robertson ,smith1 ,religion of the ,semites1 p4 #adh1 n4 #a4 ,footnote #afe3 ,numbers1 xxxv4 #aa sqq4 ,deuteronomy1 iv4 #da sqq42 xix4 #b sqq4 ,footnote #aff3 ,robertson ,smith1 op4 cit4 p4 #adh4 ,footnote #afg3 ,ibid4 p4 #adh sq4 ,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 caste1 but this privilege is reckoned among the sixty-four anatcharams1 or abuses1 which were introduced by ,brahmanism4#afh ,among the ,kfirs of the ,hindu-,kush there are several cities of refuge1 the largest being the village of ,mergrom1 which is almost entirely peopled by chiles1 or descendants of persons who have slain some fellow tribesman4#afi ,in the ,caucasus holy groves offer refuge to criminals1 as also to animals1 which cannot be shot there4#agj ,footnote #afh3 ,graul1 ,reise nach ,ostindien1 iii4 #ccb1 #cce4 ,footnote #afi3 ,scott ,robertson1 ,kfirs of the ,hindu-,kush1 p4 #dda4 ,footnote #agj3 ,hahn1 ,kaukasische ,reisen1 p4 #abb4 ,in ,greece many sanctuaries possessed the right of asylum down to the end of paganism1 and any violation of this right #fcb was supposed to be severely punished by the deity4#aga ,according to an old tradition1 ,romulus established a sanctuary1 dedicated to some unknown god or spirit1 on the slope of the ,capitoline ,hill1 proclaiming that all who resorted to it1 whether bond or free1 should be safe4#agb ,this tradition1 and also some other statements made by ,latin writers1#agc seem to indicate that from ancient times certain sacred places in ,rome gave shelter to refugees2 but it was only in a comparatively late period of ,roman history that the right of sanctuary1 under ,greek influence1 became a recognised institution of some importance4#agd ,this right was expressly conferred upon the temple which in the year #db ,b4,c4 was built in honour of ,csar2#age and other imperial temples1 as also the statues of emperors1 laid claim to the same privilege4#agf ,when ,christianity became the religion of the ,state a similar claim was made by the churches2 but a legal right of asylum was only granted to them by ,honorius in the ,west and ,theodosius in the ,east4#agg ,subsequently it was restricted by ,justinian1 who decreed that all manslayers1 adulterers1 and kidnappers of women who fled to a church should be taken out of it4#agh ,footnote #aga3 ,tacitus1 ,annales1 iii4 #fj sqq4 ,farnell1 op4 cit4 i4 #gc4 ,westcott1 op4 cit4 p4 #aae4 ,schmidt1 ,die ,ethik der alten ,griechen1 ii4 #bhe4 ,bulmerincq1 op4 cit4 p4 #ce sqq4 ,fuld1 loc4 cit4 p4 #aah sqq4 ,footnote #agb3 ,dionysius of ,halicarnassus1 ,antiquitates ,roman1 ii4 #ae4 ,livy1 i4 #h4 #e sq4 ,plutarch1 ,romulus1 ix4 #e4 ,strabo1 v4 #c4 #b1 p4 #bcj4 ,footnote #agc3 ,valerius ,maximus1 ,facta dictaque memorabilia1 viii4 #i4 #a4 ,dionysius of ,halicarnassus1 ,antiquitates ,roman1 vi4 #de4 ,cicero1 ,de lege agraria oratio secunda1 #ad 7#cf74 ,see also ,hartung1 ,die ,religion der ,rmer1 ii4 #eh sq4 ,footnote #agd3 ,see ,tacitus1 ,annales1 iii4 #cf2 ,plautus1 ,rudens1 #gbc2 ,dio ,cassius1 ,historia ,romana1 xlvii4 #ai2 ,bulmerincq1 op4 cit4 p4 #eh sqq42 ,mommsen1 ,rmisches ,strafrecht1 p4 #deh sq4 ,footnote #age3 ,dio ,cassius1 xlvii4 #ai4 ,footnote #agf3 ,tacitus1 ,annales1 iv4 #fg4 ,suetonius1 ,tiberius1 #ec4 ,mommsen1 op4 cit4 p4 #dfj4 ,footnote #agg3 ,mommsen1 op4 cit4 p4 #dfa sq4 ,footnote #agh3 ,novell1 xvii4 #g4 ,the right of sanctuary existed among the pagan ,slavs1 or some of them1#agi and probably also among the ancient ,teutons4#ahj ,after their conversion to ,christianity the privilege of asylum within the church was recognised in most of their codes4 ,in the ,middle ,ages and later1 persons who fled to a church or to certain boundaries surrounding it were1 for a time at least1 safe from all persecution1 it being considered treason against ,god1 an offence beyond compensation1 to force even the most flagrant criminal from ,his altar4 ,the ordinary of the sacred place1 or #fcc his official1 was the only one who could try to induce him to leave it1 but if he failed1 the utmost that could be done was to deny the refugee victuals so that he might go forth voluntarily4#aha ,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 saints4#ahb ,but the right of sanctuary was gradually subjected to various restrictions both by secular legislation and by the ,church4#ahc ,innocentius ,,iii4 enjoined that refuge should not be given to a highway robber or to anybody who devastated cultivated fields at night2#ahd and according to ,beaumanoir's ',coutumes du ,beauvoisis1' dating from the thirteenth century1 it was also denied to persons guilty of sacrilege or arson4#ahe ,the ,parliament of ,scotland enacted that whoever took the protection of the ,church for homicide should be required to come out and undergo an assize1 that it might be found whether it was committed of forethought felony or in chaudemelle2 and only in the latter case was he to be restored to the sanctuary1 the sheriff being directed to give him security to that effect before requiring him to leave it4#ahf ,in ,england1 in the reign of ,henry ,,viii41 there were certain places which were allowed to be places of tuition and privilege1 in addition to churches and their precincts4 ,they were in fact cities of permanent refuge for persons who should1 according to ancient usage1 have abjured the realm1 after they had fled in the ordinary way to a church4 ,there was a governor in each of these privileged places1 charged with the duty of mustering every day his men1 who were not to exceed twenty in each town and who had to wear a badge whenever they appeared out of doors4 ,but when these regulations were made1 the protection of sanctuary was taken away from persons guilty of murder1 rape1 burglary1 highway robbery1 or arson4 ,the law of sanctuary was then left unchanged till the reign of ,james ,i41 when1 in theory1 the privilege in question was altogether denied to criminals4#ahg ,yet #fcd as a matter of fact1 asylums continued to exist in ,england so late as the reign of ,george ,i41 when that of ,st4 ,peter's at ,westminster was demolished4#ahh ,in the legislation of ,sweden the last reference to the privilege of sanctuary is found in an enactment of #aebh4ahi ,in ,france it was abolished by an ordonnance of #aeci4aij ,in ,spain it existed even in the nineteenth century4#aia ,not long ago the most important churches in ,abyssinia1#aib the monastery of ,affaf ,woira in the same country1#aic and the quarter in ,gondar where the head of the ,abyssinian clergy has his residence1#aid were reported to be asylums for criminals4 ,and the same is the case with the old ,christian churches among the ,suanetians of the ,caucasus4#aie ,footnote #agi3 ,helmold1 ,chronik der ,slaven1 i4 #hc1 p4 #agj4 ,footnote #ahj3 ,wilda1 ,das ,strafrecht der ,germanen1 p4 #bdh sq4 ,stemann1 ,den danske ,retshistorie indtil ,christian ,v4's ,lov1 p4 #egh4 ,brunner1 ,deutsche ,rechtsgeschichte1 ii4 #faj4 ,fuld1 loc4 cit4 p4 #ach sq4 ,frauenstdt1 ,blutrache und ,todtschlagshne im ,deutschen ,mittelalter1 p4 #ea4 ,footnote #aha3 ,milman1 ,history of ,latin ,christianity1 ii4 #ei4 ,bulmerincq1 op4 cit4 p4 #gc sqq4 ,fuld1 loc4 cit4 p4 #acf sqq4 ,bracton1 ,de legibus et consuetudinibus ,angli1 fol4 #acf b1 vol4 ii4 #cib sq4 ,rville1 ',l'abjuratio regni1' in ,revue historique1 l4 #ad sqq4 ,pollock and ,maitland1 ,history of ,english ,law before the ,time of ,edward ,i4 ii4 #eij sq4 ,innes1 ,scotland in the ,middle ,ages1 p4 #aie sq4 ,footnote #ahb3 ,lex ,baiuwariorum1 i4 #g4 ,footnote #ahc3 ,brunner1 op4 cit4 ii4 #faa sq4 ,bulmerincq1 op4 cit4 p4 #ia sqq4 ,fuld1 loc4 cit4 p4 #adj sq4 ,footnote #ahd3 ,gregory ,,ix4 ,decretales1 iii4 #di4 #f4 ,footnote #ahe3 ,beaumanoir1 ,coutumes du ,beauvoisis1 xi4 #ae sqq41 vol4 i4 #afd sq4 ,footnote #ahf3 ,innes1 op4 cit4 p4 #aih4 ,footnote #ahg3 ,pike1 ,history of ,crime in ,england1 ii4 #bec4 ,blackstone1 ,commentaries on the ,laws of ,england1 iv4 #cdg1 n4 a4 ,footnote #ahh3 ,jusserand1 ,english ,wayfaring ,life in the ,middle ,ages1 p4 #aff4 ,footnote #ahi3 ,nordstrm1 ,bidrag till den svenska samhlls-frfattningens historia1 ii4 #dje4 ,footnote #aij3 ,du ,boys1 ,histoire du droit criminel des peuples modernes1 ii4 #bdf4 ,footnote #aia3 ,idem1 ,histoire du droit criminel de l',espagne1 p4 #bbg sq4 ,footnote #aib3 ,hellwig1 op4 cit4 p4 #eb4 ,footnote #aic3 ,harris1 ,highlands of thiopia1 ii4 #ic4 ,footnote #aid3 ,rppell1 ,reise in ,abyssinien1 ii4 #gd1 #ha4 von ,heuglin1 ,reise nach ,abessinien1 p4 #bac4 ,footnote #aie3 von ,haxthausen1 ,transcaucasia1 p4 #afj1 n4 99 ,the right of sanctuary has been ascribed to various causes4 ,obviously erroneous is the suggestion that places of refuge were established with a view to protecting unintentional offenders from punishment or revenge4#aif ,the restriction of the privilege of sanctuary to cases of accidental injuries is not at all general1 and where it occurs it is undoubtedly an innovation due to moral or social considerations4 ,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 redress4#aig ,but although ,i admit that such a desire may have helped to preserve the right of asylum where it has once come into existence1 ,i do not believe that it could account for the origin of this right4 ,we should remember that the privilege of sanctuary not only affords #fce temporary protection to the refugee1 but in many cases altogether exempts him from punishment or retaliation1 and that shelter is given even to animals which have fled to a sacred place4 ,and1 if the theory referred to were correct1 how could we explain the fact that the right of asylum is particularly attached to sanctuaries8 ,footnote #aif3 ,hegel1 ,grundlinien der ,philosophie des ,rechts1 #aag1 p4 #ajh4 ,powell1 ',outlines of ,sociology1' in ,saturday ,lectures1 p4 #hb4 ,footnote #aig3 ,meiners1 ,geschichte der ,menschheit1 p4 #ahi4 ,nordstrm1 op4 cit4 ii4 #dja4 ,pardessus1 ,loi ,salique1 p4 #fef4 ,bulmerincq1 op4 cit4 pp4 #cd1 #dg4 ,fuld1 loc4 cit4 pp4 #ajb1 #aah1 #aai1 #bid sqq4 ,kohler1 ,shakespeare vor dem ,forum der ,jurisprudenz1 p4 #ahe4 ,quatremre1 loc4 cit4 p4 #cad4 ,mr4 ,mallery 7,israelite and ,indian1 p4 #cc sq471 also1 thinks that the original object of the right of sanctuary was to restrict vengeance and maintain peace1 and that this right only subsequently appeared as a prerogative of religion4 ,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 them4#aih ,but we have no evidence that the fugitive is supposed to partake of the sanctity of the place which shelters him4 ,in ,morocco persons who are permanently attached to mosques or the shrines of saints are generally regarded as more or less holy1 but this is never the case with casual visitors or suppliants2 hence it is hardly for fear of the refugee that his pursuer refrains from laying hands on him4 ,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 holiness4#aii ,there is an almost instinctive fear not only of shedding blood1#bjj but of disturbing the peace in a holy place2 and if it is improper to commit any act of violence in the house of another man1#bja it is naturally considered equally offensive1 and also infinitely more dangerous1 to do so in the homestead of a supernatural being4 ,in the ,tonga ,islands1 for instance1 it is forbidden #fcf to quarrel or fight upon consecrated ground4#bjb ,but this is only one aspect of the matter2 another1 equally important1 still calls for an explanation4 ,why should the gods or saints themselves be so anxious to protect criminals who have sought refuge in their sanctuaries8 ,why do they not deliver them up to justice through their earthly representatives8 ,footnote #aih3 ,granger1 ,worship of the ,romans1 p4 #bbc sq4 ,footnote #aii3 ,robertson ,smith1 ,religion of the ,semites1 p4 #adh4 ,footnote #bjj3 ,supra1 i4 #chj4 ,footnote #bja3 ,among the ,barea and ,kunma in ,eastern ,africa a murderer who finds time to flee into another person's house cannot be seized1 and it is considered a point of honour for the community to help him to escape abroad 7,munzinger1 ,ostafrikanische ,studien1 p4 #ejc74 ,in the ,pelew ,islands no enemy may be killed in a house1 especially in the presence of the host 7,kubary1 ',die ,palau-,inseln in der ,sdsee1' in ,jour4 d4 ,museum ,godeffroy1 iv4 #be74 ,in ,europe the privilege of asylum went hand in hand with the sanctity of the homestead 7,wilda1 op4 cit4 pp4 #bdb1 #bdc1 #ech1 #edc2 ,nordstrm1 op4 cit4 ii4 #dce2 ,fuld1 loc4 cit4 p4 #aeb2 ,frauenstdt1 op4 cit4 p4 #fc sqq472 and the breach of a man's peace was proportionate to his rank4 ,whilst every man was entitled to peace in his own house1 the great man's peace was of more importance than the common man's1 the king's peace of more importance than the baron's1 and in the spiritual order the peace of the ,church commanded yet greater reverence 7,pollock1 ',the ,king's ,peace1' in ,law ,quarterly ,review1 i4 #dj sq474 ,footnote #bjb3 ,mariner1 ,natives of the ,tonga ,islands1 ii4 #bcb4 ,cf4 ibid4 i4 #bbg4 ,the answer lies in certain ideas which refer to human as well as divine protectors of refugees4 ,the god or saint is in exactly the same position as a man to whose house a person has fled for shelter4 ,among various peoples the domicile of the chief or king is an asylum for criminals2#bjc nobody dares to attack a man who is sheltered by so mighty a personage1 and from what has been said above1 in connection with the rules of hospitality1 it is also evident why the chief or king feels himself compelled to protect him4 ,by being in close contact with his host1 the suppliant is able to transfer to him a dangerous curse4 ,sometimes a criminal can in a similar way be a danger to the king even from a distance1 or by meeting him1 and must in consequence be pardoned4 ,in ,madagascar an offender escaped punishment if he could obtain sight of the sovereign1 whether before or after conviction2 hence criminals at work on the highroad were ordered to withdraw when the sovereign was known to be coming by4#bjd ,among the ,bambaras une fois la sentence prononce1 si le condamn parvient cracher sur un #fcg prince1 non-seulement sa personne est sacre1 mais elle est nourrie1 loge1 etc41 par le grand seigneur qui a eu l'imprudence de se tenir porte de cet trange projectile4#bje ,in ,usambara even a murderer is safe as soon as he has touched the person of the king4#bjf ,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 shell1 which is the most highly valued of all their instruments--at the feet of his chief2 and a miscreant likewise escapes punishment if he reaches and throws himself on the king's drums4#bjg ,on the ,slave ,coast criminals who are doomed to death are always gagged1 because if a man should speak to the king he must be pardoned4#bjh ,in ,ashantee1 if an offender should succeed in swearing on the king's life1 he must be pardoned1 because such an oath is believed to involve danger to the king2 hence knives are driven through the cheeks from opposite sides1 over the tongue1 to prevent him from speaking4#bji ,so also among the ,romans1 according to an old ,jewish writer1 a person condemned to death was gagged to prevent him from cursing the king4#baj ,fear of the curses pronounced by a dissatisfied refugee likewise1 in all probability1 underlay certain other customs which prevailed in ,rome4 ,a servant or slave who came and fell down at the feet of ,jupiter's high-priest1 taking hold of his knees1 was for that day freed from the whip2 and if a prisoner with irons and bolts at his feet succeeded in approaching the high-priest in his house1 he was let loose and his fetters were thrown into the road1 not through the door1 but from the roof4#baa ,moreover1 if a criminal who had been sentenced to death accidentally met a ,vestal virgin on his way to the place of execution1 his #fch life was saved4#bab ,so sensitive to imprecations were both ,jupiter's high-priest and the priestesses of ,vesta1 that the ,praetor was never allowed to compel them to take an oath4#bac ,now1 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 him1 so he may in a similar manner constrain a god or saint as soon as he has entered his sanctuary4 ,according to the ,moorish expression he is then in the 7r of the saint1 and the saint is bound to protect him1 just as a host is bound to protect his guest4 ,it is not only men that have to fear the curses of dissatisfied refugees4 ,let us once more remember the words which ,aeschylus puts into the mouth of ,apollo1 when he declares his intention to assist his suppliant1 ,orestes3--,terrible both among men and gods is the wrath of a refugee1 when one abandons him with intent4#bad ,footnote #bjc3 ,harmon1 ,voyages and ,travels in the ,interior of ,north ,america1 p4 #big 7,tacullies74 ,lewin1 ,hill ,tracts of ,chittagong1 p4 #ajj 7,kukis74 ,junghuhn1 ,die ,battalnder auf ,sumatra1 7,macassars and ,bugis of ,celebes74 ,tromp1 ',uit de ,salasila van ,koetei1' in ,bijdragen tot de taal- land- en volkenkunde van ,nederlandsch-,indi1 xxxvii4 #hd 7natives of ,koetei1 a district of ,borneo74 ,jung1 quoted by ,kohler1 ',recht der ,marschallinsulaner1' in ,zeitschr4 f4 vergl4 ,rechtswiss4 xiv4 #ddg 7natives of ,nauru in the ,marshall ,group74 ,turner1 ,nineteen ,years in ,polynesia1 p4 #ccd 7,samoans74 ,rautanen1 in ,steinmetz1 ,rechtsverhltnisse1 p4 #cdb 7,ondonga74 ,schinz1 op4 cit4 p4 #cab 7,ovambo74 ,rehme1 ',das ,recht der ,amaxosa1' in ,zeitschr4 f4 vergl4 ,rechtswiss4 x4 #ej4 ,merker1 quoted by ,kohler1 ',banturecht in ,ostafrika1' ibid4 xv4 #ee 7,wadshagga74 ,merker1 ,die ,masai1 p4 #bjf4 ,among the ,barotse the residences of the ,queen and the ,prime ,minister are places of refuge 7,decle1 op4 cit4 p4 #ge74 ,footnote #bjd3 ,ellis1 ,history of ,madagascar1 i4 #cgf4 ,footnote #bje3 ,raffenel1 ,nouveau voyage dans le pays des ngres1 i4 #che4 ,footnote #bjf3 ,krapf1 ,reisen in ,ost-,afrika1 ii4 #acb1 n4 99 ,see also ,schinz1 op4 cit4 p4 #cab 7,ovambo74 ,footnote #bjg3 ,gibbons1 ,exploration in ,central ,africa1 p4 #abi4 ,i am indebted to ,mr4 ,n4 ,w4 ,thomas for drawing my attention to this statement4 ,footnote #bjh3 ,ellis1 ,e7we-speaking ,peoples of the ,slave ,coast1 p4 #bbd4 ,footnote #bji3 ,ibid4 p4 #bbd4 ,footnote #baj3 ,quoted by ,levias1 ',cursing1' in ,jewish ,encyclopedia1 iv4 #cij4 ,footnote #baa3 ,plutarch1 ,questiones ,roman1 #aaa4 ,aulus ,gellius1 ,noctes ,attic1 x4 #ae4 #h1 #aj4 ,footnote #bab3 ,plutarch1 ,numa1 x4 #e4 ,footnote #bac3 ,aulus ,gellius1 op4 cit4 x4 #ae4 #ca4 ,footnote #bad3 ,aeschylus1 ,eumenides1 #bcb sqq4 ,,chapter ,,xlix ,,duties ,,to ,,gods 7concluded7 ,,supernatural beings are widely believed to have a feeling of their worth and dignity4 ,they are sensitive to insults and disrespect1 they demand submissiveness and homage4 ,the gods of the ,gold ,coast1 says ,major ,ellis1 are jealous gods1 jealous of their dignity1 jealous of the adulation and offerings paid to them2 and there is nothing they resent so much as any slight1 whether intentional or accidental1 which may be offered them4 4 4 4 ,there is nothing that offends them so deeply as to ignore them1 or question their power1 or laugh at them4#a ,the wrath of ,yahveh burst forth with vehemence whenever his honour or sanctity was in the least violated1 however unintentionally4#b ,many peoples consider it insulting and dangerous merely to point at one of the celestial bodies2#c and among the ,north ,american ,indians it is a widespread belief that1 if anybody points at the rainbow1 the finger will wither or become misshapen4#d ,footnote #a3 ,ellis1 ,tshi-speaking ,peoples of the ,gold ,coast1 p4 #aa4 ,footnote #b3 ,cf4 ,montefiore1 ,hibbert ,lectures on the ,religion of the ,ancient ,hebrews1 pp4 #ch1 #ajb4 ,footnote #c3 ,liebrecht1 ,zur ,volkskunde1 p4 #cda1 ,dorman1 ,origin of ,primitive ,superstitions1 p4 #cdd 7,chippewas74 ,wuttke1 ,der deutsche ,volksaberglaube der ,gegenwart1 #aa1 p4 #ac sq4 ,footnote #d3 ,mooney1 ',myths of the ,cherokee1' in ,ann4 ,rep4 ,bur4 ,ethn4 xix4 #beg1 #ddb4 ,nor is it to supernatural danger only that a person exposes himself by irreverence to a god1 but in many cases he is also punished by his fellow men4 ,on the ,slave ,coast insults to a god are always resented and punished by the #fdj priests and worshippers of that god1 it being their duty to guard his honour4#e ,among the ancient ,peruvians#f and ,hebrews1#g as also among ,christian nations up to comparatively recent times1 blasphemy was a capital offence4 ,in ,england1 in the reign of ,henry ,,viii41 a boy of fifteen was burned because he had spoken1 much after the fashion of a parrot1 some idle words affecting the sacrament of the altar1 which he had chanced to hear but of which he could not have understood the meaning4#h ,according to ,muhammedan law a person guilty of blasphemy is to be put to death without delay1 even though he profess himself repentant1 as adequate repentance for such a sin is deemed impossible4#i ,these and similar laws are rooted in the idea that the god is personally offended by the insult4 ,it was the ,lord himself who made the law that he who blasphemed ,his name should be stoned to death by all the congregation4#aj ,blasphemy1 says ,thomas ,aquinas1 as being an offence directly against ,god1 outweighs murder1 which is an offence against our neighbour 4 4 4 4 ,the blasphemer intends to wound the honour of ,god4#aa ,that blasphemy is1 or should be1 punished not as a sin against the deity but as an offence against the religious feelings of men1 is an idea of quite modern origin4 ,footnote #e3 ,ellis1 ,e7we-speaking ,peoples of the ,slave ,coast1 p4 #ha4 ,footnote #f3 ,prescott1 ,history of the ,conquest of ,peru1 i4 #db4 ,footnote #g3 ,leviticus1 xxiv4 #ad sqq4 ,footnote #h3 ,pike1 ,history of ,crime in ,england1 ii4 #ef4 ,footnote #i3 ,lane1 ,manners and ,customs of the ,modern ,egyptians1 p4 #abc4 ,footnote #aj3 ,leviticus1 xxiv4 #af4 ,footnote #aa3 ,thomas ,aquinas1 ,summa theologica1 ii4-ii4 #ac4 #c4 #a4 ,in many cases it is considered offensive to a supernatural being merely to mention his name4 ,sometimes the name is tabooed on certain occasions only or in ordinary conversation1 sometimes it is not to be pronounced at all4 ,in ,morocco the jnn 7jinn7 must not be referred to by name in the afternoon and evening after the 7s4ar4 ,if speaking of them at all1 the people then make use of some circumlocution2 the ,berbers of ,southern ,morocco call them wid-id4nin1 those others1 or wid-urd4-h7er'nin1 those unseen1 or wid-tntl-tsnt1 those who shun salt4 ,the ,greenlanders dare not pronounce the name of a glacier #fda as they row past it1 for fear lest it should be offended and throw off an iceberg4#ab ,some ,north ,american ,indians believe that if1 when travelling1 they mention the names of rocks or islands or rivers1 they will have much rain or be wrecked or be devoured by some monster in the river4#ac ,the ,omahas1 again1 are very careful not to use names which they regard as sacred on ordinary occasions2 and no one dares to sing sacred songs except the chiefs and old men at the proper times4#ad ,some other ,indians considered it a profanation to mention the name of their highest divinity4#ae ,among certain ,australian natives the elders of the tribe impart to the youth1 on his initiation1 the name of the god ,tharamul7un2 but there is such a disinclination to pronounce his name that1 in speaking of him1 they generally use elliptical expressions1 such as ,he1 the man1 or the name ,i told you of1 and the women only know him by the name of ,papang 7father74#af ,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 molemo1 which has a very comprehensive meaning1 denoting1 besides ,god1 all kinds of good and evil spirits1 medicines1 poisons1 and amulets4#ag ,according to ,cicero1 there was a god1 a son of ,nilus1 whose name the ,egyptians considered it a crime to pronounce2#ah and ,herodotus is unwilling to mention the name of ,osiris on two occasions when he is speaking of him4#ai ,the divine name of ,indra was secret1 the real name of ,agni was unknown4#bj ,the gods of ,brahmanism have mystic names1 which nobody dares to speak4#ba ,the real name of ,confucius is so sacred that it is a statutable offence in ,china to #fdb pronounce it2 and the name of the supreme god of the ,chinese is equally tabooed4 ,tien1 they say1 means properly only the material heaven1 but it also means ,shang-,te 7supreme ruler1 ,god72 for1 as it is not lawful to use his name lightly1 we name him by his residence1 which is in tien4#bb ,the great name of ,allah is a secret name1 known only to prophets1 and possibly to some great saints4#bc ,yahveh said1 ,thou shalt not take the name of the ,lord thy ,god in vain2 for the ,lord will not hold him guiltless that taketh his name in vain2#bd and orthodox ,jews avoid mentioning the word ,yahveh altogether4#be ,among ,christian nations1 as ,professor ,nyrop observes1 there is a common disinclination to use the word ,god or its equivalents in everyday speech4 ,the ,english say good instead of ,god 7good gracious1 my goodness1 thank goodness72 the ,germans1 ,potz instead of ,gotts 7,potz ,welt1 ,potz ,wetter1 ,potz ,blitz72 the ,french1 bleu instead of ,dieu 7corbleu1 morbleu1 sambleu72 the ,spaniards1 brios or diez instead of ,dios 7voto brios1 juro brios1 par diez74#bf ,footnote #ab3 ,nansen1 ,eskimo ,life1 p4 #bcc4 ,footnote #ac3 ,nyrop1 ',navnets magt1' in ,mindre ,afhandlinger udgivne af det philologisk-historiske ,samfund1 #ahhg1 p4 #bh4 ,footnote #ad3 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #cgj4 ,footnote #ae3 ,adair1 ,history of the ,american ,indians1 p4 #ed4 ,footnote #af3 ,howitt1 ',some ,australian ,beliefs1' in ,jour4 ,anthr4 ,inst4 xiii4 #aib4 ,see also ,idem1 ,native ,tribes of ,south-,east ,australia1 pp4 #dhi1 #die4 ,footnote #ag3 ,holub1 ,seven ,years in ,south ,africa1 ii4 #cja4 ,footnote #ah3 ,cicero1 ,de natura deorum1 iii4 #bb 7#ef74 ,footnote #ai3 ,herodotus1 ii4 #acb1 #aga4 ,footnote #bj3 ,hopkins1 ,religions of ,india1 pp4 #ic1 #aaa4 ,footnote #ba3 ,ibid4 p4 #ahd4 ,footnote #bb3 ,friend1 ',euphemism and ,tabu in ,china1' in ,folk-,lore ,record1 iv4 #gf4 ,cf4 ,edkins1 ,religion in ,china1 p4 #gb4 ,footnote #bc3 ,sell1 ,faith of ,islm1 p4 #ahe4 ,lane1 ,modern ,egyptians1 p4 #bgc4 ,footnote #bd3 ,exodus1 xx4 #g4 ,footnote #be3 ,herzog-,plitt1 ,real-,encyklopdie fr protestantische ,theologie1 vi4 #eja sq4 ,footnote #bf3 ,nyrop1 loc4 cit4 p4 #aee sqq4 ,these taboos have sprung from fear4 ,there is1 first1 something uncanny in mentioning the name of a supernatural being1 even apart from any definite ideas connected with the act4 ,but to do so is also supposed to summon him or to attract his attention1 and this may be considered dangerous1 especially if he is looked upon as malevolent or irritable1 as is generally the case with the ,moorish jnn4 ,the uncanny feeling or the notion of danger readily leads to the belief that the supernatural being feels offended if his name is pronounced2 we have noticed a similar association of thought in connection with the names of the dead4 ,but a god may also have good reason for wishing that his name should not be used lightly or taken in vain4 ,according #fdc to primitive ideas a person's name is a part of his personality1 hence the holiness of a god may be polluted by his name being mentioned in profane conversation4 ,moreover1 it may be of great importance for him to prevent his name from being divulged1 as magic may be wrought on a person through his name just as easily as through any part of his body4 ,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 it2#bg and it is similarly believed that gods must conceal their true names lest other gods or men should be able to conjure with them4#bh ,the great ,egyptian god ,r declared that the name which his father and mother had given him remained hidden in his body since his birth1 so that no magician might have magic power over him4#bi ,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 world2#cj 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 it4#ca ,there is a ,muhammedan tradition that whosoever calls upon ,allah by his great name will obtain all his desires1 being able merely by mentioning it to raise the dead to life1 to kill the living1 in fact to perform any miracle he pleases4#cb ,footnote #bg3 ,tylor1 ,early ,history of ,mankind1 p4 #aci sqq4 ,andree1 ,ethnographische ,parallelen1 p4 #agi sqq4 ,frazer1 ,golden ,bough1 i4 #djc sqq4 ,clodd1 ,tom ,tit ,tot1 pp4 #ec-ee1 #ha sqq4 ,haddon1 ,magic and ,fetishism1 p4 #bb sq4 ,footnote #bh3 ,tylor1 op4 cit4 p4 #abd sq4 ,frazer1 op4 cit4 i4 #ddc4 ,clodd1 op4 cit4 p4 #agc4 ,haddon1 op4 cit4 p4 #bc sqq4 ,footnote #bi3 ,frazer1 op4 cit4 i4 #ddd4 ,footnote #cj3 ,granger1 ,worship of the ,romans1 pp4 #bab1 #bgg4 ,cf4 ,jevons1 in ,plutarch's ,romane ,questions1 p4 lvii4 ,footnote #ca3 ,plutarch1 ,questiones ,roman1 #fa4 ,pliny1 ,historia naturalis1 xxviii4 #d4 ,macrobius1 ,saturnalia1 iii4 #i4 ,footnote #cb3 ,sell1 op4 cit4 p4 #ahe4 ,lane1 ,modern ,egyptians1 p4 #bgc4 99 99 99 99 99 ,one of the greatest insults which can be offered a god is to deny his existence4 ,plutarch was astonished at people's saying that atheism is impiety1 while at the same time they attribute to gods all kinds of less creditable qualities4 ,i for my part1 he adds1 would much rather have men to say of me that there never was a #fdd ,plutarch1 at all1 nor is now1 than to say that ,plutarch is a man inconstant1 fickle1 easily moved to anger1 revengeful for trifling provocations1 vexed at small things4#cc ,but ,plutarch seems to have forgotten that a person is always most sensitive on his weak points1 and that the weakest point in a god is his existence4 ,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 believe4 ,it is a means of self-persuasion in a case where such persuasion is sorely needed4 ,moreover1 a god who is not believed to exist can be no object of worship1 and to be worshipped is commonly held to be the chief ambition of a god4 ,but atheism is a sin of civilisation4 ,uncultured people are ready to believe that all supernatural beings they hear of also exist4 ,footnote #cc3 ,plutarch1 ,de superstitione1 #aj4 ,some gods are extremely ungenerous towards all those who do not recognise them1 and only them1 as their gods4 ,to believe in ,ahura ,mazda was the first duty which ,zoroastrianism required of a man2 it was ,angra ,mainyu1 the evil spirit1 that had countercreated the sin of unbelief4#cd ,doubt destroyed even the effects of good actions2#ce indeed1 only the true believer was to be regarded as a man4#cf ,the faithful were summoned to a war to the death against the opposing spirits1 the ,daevas1 and their followers4#cg ,and to judge from ancient writers1 the ,persians1 when they came into contact with nations of another religion1 also carried into practice the intolerant spirit of their own4#ch ,yahveh said3--,thou shalt have no other gods before me4 4 4 4 ,thou shalt not bow down thyself to them1 nor serve them3 for ,i the ,lord thy ,god am a jealous ,god4#ci ,in the pre-prophetic period the existence of other gods was recognised1#dj but they were not #fde to be worshipped by ,yahveh's people4 ,nor was any mercy to be shown to their followers1 for ,yahveh was a man of war4#da ,the ,god of ,christianity inherited his jealousy4 ,in the name of ,christ wars were waged1 not1 it is true1 for the purpose of exterminating unbelievers1 but with a view to converting them to a faith which alone could save their souls from eternal perdition4 ,so far as the aim of the persecution is concerned we can thus notice a distinct progress in humanity4 ,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 interests1--,christianity was a proselytising religion on a large scale1 anxious to save but equally ready to condemn to everlasting torments all those who refused to accept it1 nay even the milliards of men who had never heard of it4 ,in this point ,christianity was even more intolerant than the ,koran itself1 which does not absolutely confine salvation to the believers in ,allah and his ,prophet1 but leaves some hope of it to ,jews1 ,christians1 and ,sabans1 though all other infidels are hopelessly lost4#db ,footnote #cd3 ,venddd1 i4 #h4 #af4 ,footnote #ce3 ,darmesteter1 ,ormazd et ,ahriman1 p4 #ccj1 n4 #d4 ,footnote #cf3 ,dn- ,mang- ,khirad1 xlii4 #f sqq4 ,footnote #cg3 ,see ,darmesteter1 in ,sacred ,books of the ,east1 iv4 p4 lii42 ,spiegel1 ,ernische ,alterthumskunde1 iii4 #fib4 ,footnote #ch3 ,spiegel1 op4 cit4 iii4 #gjh4 ,footnote #ci3 ,exodus1 xx4 #c1 #e4 ,footnote #dj3 ,kuenen1 ,hibbert ,lectures on ,national ,religions and ,universal ,religions1 p4 #aai4 ,baudissin1 ,studien zur semitischen ,religionsgeschichte1 i4 #di sqq4 ,footnote #da3 ,exodus1 xv4 #c4 ,footnote #db3 ,koran1 v4 #gc4 ,that ,muhammedanism has in course of time become the most fanatical of existing religions is due to political rather than religious causes4 ,for a thousand years the ,christian and ,muhammedan world were engaged in a deadly contest1 in which the former came off victorious4 ,most nations confessing ,islam have either lost their independence or are on the verge of losing it4 ,the memory of past defeats and cruelties1 the present state of subjection or national weakness1 the fear of the future--are all factors which must be taken into account when we judge of ,moslem fanaticism4 ,in its younger days ,islam was undoubtedly1 not only in theory but in practice1 less intolerant than its great rival1 ,christian subjects of ,muhammedan rulers being on the whole treated with #fdf consideration4#dc ,earlier travellers in ,arabia also speak favourably of the tolerance of its inhabitants4 ,niebuhr was able to write3--,i never saw that the ,arabs have any hatred for those of a different religion4 ,they1 however1 regard them with much the same contempt with which ,christians look upon the ,jews in ,europe 4 4 4 4 ,the ,mahometans in ,india appear to be even more tolerant than those of ,arabia 4 4 4 4 ,the ,mussulmans in general do not persecute men of other religions1 when they have nothing to fear from them1 unless in the case of an intercourse of gallantry with a ,mahometan woman4#dd ,in ,china the ,muhammedans live amicably with the infidel1 regarding their ,buddhist neighbours with a kindly feeling which it would be hard to find in a mixed community of ,catholics and ,evangelicals4#de ,muhammedanism looks upon the founder of ,christianity with profound reverence1 as one of the apostles of ,god1 as the only man without sin4 ,christian writers1 on the other hand1 till the middle of the eighteenth century universally treated ,muhammed as a false prophet and rank impostor4 ,luther called him a devil1 and a first-born child of ,satan1 whilst ,melanchthon was inclined to see in him both ,gog and ,magog4#df ,footnote #dc3 ,see von ,kremer1 ,culturgeschichte des ,orients1 ii4 #aff sq4 ,footnote #dd3 ,niebuhr1 ,travels through ,arabia1 ii4 #aib1 #ahi sq4 ,cf4 d',arvieux1 ,travels in ,arabia the ,desart1 p4 #abc2 ,wallin1 ,notes taken during a ,journey through ,northern ,arabia1 p4 #ba4 ,footnote #de3 ,lane-,poole1 ,studies in a ,mosque1 p4 #bih sq4 ,footnote #df3 ,deutsch1 ',islam1' in ,quarterly ,review1 cxxvii4 #bie sq4 ,bosworth ,smith1 ,mohammed and ,mohammedanism1 pp4 #fg1 #fi4 ,pool1 ,studies in ,mohammedanism1 p4 #djf4 ,equal in enormity with the sin of not believing in a certain god is sometimes the sin of having a false belief about him4 ,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 glory1 or regarding some detail of ritual4 ,thomas ,aquinas himself admits that the heretic intends to take the word of ,christ1 although he fails in the election of articles whereon to take that word4 ,but it is in this election that his sin consists4 #fdg ,instead of choosing those articles which are truly taught by ,christ1 he chooses those which his own mind suggests to him4 ,thus he perverts the doctrines of ,christ1 and in consequence deserves not only to be separated from the ,church by excommunication1 but to be banished from the world by death4#dg ,moreover1 the heretic is an apostate1 a traitor who may be forced to pay the vow which he has once taken4#dh ,the extreme rigour of this sophistical argumentation can only be understood in connection with its historical surroundings4 ,it presupposes a ,church which not only regards itself as the sole possessor of divine truth1 but whose cohesion and power depend upon a strict adherence to its doctrines4#di ,nor was it a religious motive only that induced ,christian sovereigns to persecute heretics4 ,certain heresies1 as ,manichism and ,donatism1 were expressly declared to affect the common welfare2#ej and the ,frankish kings treated heretics not only as rebels against the ,church1 but as traitors to the ,state1 as confederates of hostile ,visigoths or ,burgundians or ,lombards4#ea ,footnote #dg3 ,thomas ,aquinas1 op4 cit4 ii4-ii4 #aa4 #a1 #c4 ,footnote #dh3 ,ibid4 ii4-ii4 #aj4 #h4 ,footnote #di3 ,cf4 ,ritchie1 ,natural ,rights1 p4 #ahc4 ,footnote #ej3 ,milman1 ,history of ,latin ,christianity1 ii4 #cc4 ,footnote #ea3 ,ibid4 ii4 #fa4 ,whilst intolerance is a characteristic of all monotheistic religions which attribute human passions and emotions to their godhead1 polytheism is by nature tolerant4 ,a god who is always used to share with other gods the worship of his believers cannot be a very jealous god4 ,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 religion4#eb ,among the natives of the ,african ,gold and ,slave ,coasts1 though a man must show outward respect for the gods so as not to provoke calamities1 he may worship many gods or none1 just as he pleases4 ,there is perfect liberty of thought in matters of religion4 4 4 4 ,at this stage1 man tolerates any form of religion that tolerates others2 and as he thinks it perfectly #fdh natural that different people should worship different gods1 he does not attempt to force his own personal opinions upon anyone1 or to establish conformity of ideas4#ec ,on the ,slave ,coast even a sacrilege committed by a ,european is usually regarded with indifference1 as the gods of a country are supposed to be concerned about the actions of the people of that country only4#ed ,the characteristics of ,natural ,religion1 says ,sir ,alfred ,lyall1 the conditions of its existence as we see it in ,india1 are complete liberty and material tolerance2 there is no monopoly either of divine powers or even of sacerdotal privilege4#ee ,in ,china the hatred of foreigners has not its root in religion4 ,the ,catholics residing there were left undisturbed until they began to meddle with the civil and social institutions of the country2#ef 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 code4#eg ,among the early ,greeks and ,romans it was a principle that the religion of the ,state should be the religion of the people1 as its welfare was supposed to depend upon a strict observance of the established cult2 but the gods cared for external worship rather than for the beliefs of their worshippers1 and evidently took little notice even of expressed opinions4 ,philosophers openly despised the very rites which they both defended and practised2 and religion was more a pretext than a real motive for the persecutions of men like ,anaxagoras1 ,protagoras1 ,socrates1 and ,aristotle4#eh ,so also the measures by which the ,romans in earlier times repressed the introduction of new religions were largely suggested by worldly considerations2 they grew out of that intense national spirit which sacrificed every #fdi other interest to the ,state1 and resisted every form of innovation1 whether secular or religious1 that could impair the unity of the national type1 and dissolve the discipline which the predominance of the military spirit and the stern government of the ,republic had formed4#ei ,it has also been sufficiently proved that the persecutions of the ,christians during the pagan ,empire sprang from motives quite different from religious intolerance4 ,liberty of worship was a general principle of the ,imperial rule4 ,that it was denied the ,christians was due to their own aggressiveness1 as also to political suspicion4 ,they grossly insulted the pagan cult1 denouncing it as the worship of demons1 and every calamity which fell upon the ,empire was in consequence regarded by the populace as the righteous vengeance of the offended gods4 ,their proselytism disturbed the peace of families and towns4 ,their secret meetings aroused suspicion of political danger2 and this suspicion was increased by the doctrines they professed4 ,they considered the ,roman ,empire a manifestation of ,antichrist1 they looked forward with longing to its destruction1 and many of them refused to take part in its defence4 ,the greatest and best among the pagans spoke of the ,christians as enemies1 or haters of the human race4#fj ,footnote #eb3 ,hennepin1 ,new ,discovery of a ,vast ,country in ,america1 ii4 #gj4 ,footnote #ec3 ,ellis1 ,yoruba-speaking ,peoples of the ,slave ,coast1 p4 #bie4 ,see also ,idem1 ,e7we-speaking ,peoples of the ,slave ,coast1 p4 #ha2 ,monrad1 ,skildring af ,guinea-,kysten1 p4 #bh2 ,kubary1 ',die ,verbrechen und das ,strafverfahren auf den ,pelau-,inseln1' in ,original-,mittheil4 aus d4 ethnol4 ,abtheil4 d4 knigl4 ,museen zu ,berlin1 i4 #ij4 ,footnote #ed3 ,ellis1 ,e7we-speaking ,peoples1 p4 #ha4 ,footnote #ee3 ,lyall1 ,natural ,religion in ,india1 p4 #eb4 ,footnote #ef3 ,davis1 ,china1 ii4 #g4 ,cf4 ,edkins1 op4 cit4 p4 #agh4 ,footnote #eg3 ,edkins1 op4 cit4 p4 #ge4 ,footnote #eh3 ,see ,schmidt1 ,die ,ethik der alten ,griechen1 ii4 #bd sqq4 ,footnote #ei3 ,lecky1 ,history of ,european ,morals1 i4 #dic4 ,cf4 ,dio ,cassius1 ,historia ,romana1 lii4 #cf4 ,footnote #fj3 ,lecky1 op4 cit4 i4 #djh sqq4 ,ramsay1 ,the ,church in the ,roman ,empire1 p4 #cdf sqq4 ,see also supra1 i4 #cde sq42 ii4 #agh sq4 ,the same difference in toleration between monotheistic and polytheistic religions shows itself in their different attitudes towards witchcraft4 ,a monotheistic religion is not necessarily averse from magic2 its god may be supposed to have created magical as well as natural energy1 and also to have given mankind permission to utilise it in a proper manner4 ,both ,christianity in its earlier phases and ,muhammedanism are full of magical practices expressly sanctioned by their theology--for instance1 the use made of sacred words and of the relics of saints4 ,but besides this sort of magic there is another kind--witchcraft1 in the narrow sense of the term1--which is ascribed to the #fej assistance of exorcised spirits1 regarded not as the willing agents but as the adversaries of ,god2 and this practice is naturally looked upon as highly offensive to ,his feelings4 ,in ,christianity witchcraft was esteemed the most horrible form of impiety4#fa ,the religious law of the ,hebrews--which generally prohibited all practices that savoured of idolatry1 such as soothsaying and oracles--punished witches and wizards with death4#fb ,islam disapproves of all magic which is practised with the assistance of evil spirits1 or jinn1 although such magic is very prevalent and popularly tolerated in ,muhammedan countries4#fc ,among polytheistic peoples1 again1 witchcraft is certainly in many cases treated with great severity2 a large number of uncivilised races punish it with death1#fd and among some of them it is the only offence which is capital4#fe ,but then witchcraft is punished because it is considered destructive to human life or welfare4#ff ,in ,africa1 says ,mr4 ,rowley1 there is what is regarded as lawful as well as unlawful witchcraft1 the lawful being practised professedly for the welfare of mankind1 and in opposition to the unlawful1 which is resorted to for man's injury4 ,but the purposes of witchcraft #fea are now generally wicked2 its processes generally involve moral guilt2 the spirits invoked are1 for the most part1 avowedly evil and maleficent4#fg ,among the ,gaika tribe of the ,kafirs witchcraft is supposed to be an influence for evil1 possessed by one individual over another1 or others4#fh ,among the ,bondeis the meaning of witchcraft is simply murder4#fi ,that witchcraft1 as a malicious practice1 must be a grave and at the same time frequent offence among savages1 is obvious from the common belief that death1 disease1 and misfortunes of every description are caused by it4 ,from a similar point of view it is condemned by polytheistic nations of a higher type4 ,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 gods4#gj ,the ,chinese ,penal ,code punishes with death those who have been convicted of writing and editing books of sorcery1 or of employing spells and incantations1 in order to agitate and influence the minds of the people4#ga ,but1 according to ,mr4 ,dennys1 the hatred of witches and wizards cherished in the ,west does not seem to exist in ,china2 those reputed to possess magic powers are regarded with dread1 but it is rare to hear of any of them coming to untimely end by mob violence4#gb ,the ,laws of ,hvammurabi1 the ancient ,babylonian legislator1 enjoin that if a man weave a spell and put a ban upon a man1 and has not justified himself1 he that wove the spell upon him shall be put to death4#gc ,it is said in ',vishnu ,purna' that he who practises magical rites for the harm of others is punished in the hell called ,krimsa4#gd ,among the ancient ,teutons not every kind of magic but only such as was considered of injurious nature was criminal4#ge #feb ,in ,rome1 also1 what was deemed harmless magic was left undisturbed1 whereas1 according to the ',law of the ,twelve ,tables1' he who affects another by magical arts or with poisonous drugs is to be put to death2#gf and during the ,empire persons were severely persecuted for political astrology or divination practised with a view to discovering the successors to the throne4#gg ,plato1 writes in his ',laws'3--,he who seems to be the sort of man who injures others by magic knots or enchantments or incantations or any of the like practices1 if he be a prophet or divine1 let him die2 and1 if not being a prophet1 he be convicted of witchcraft1 as in the previous case1 let the court fix what he ought to pay or suffer4#gh ,as ,mr4 ,lecky justly remarks1 both in ,greece and ,rome the measures taken against witchcraft seem to have been almost entirely free from religious fanaticism1 the magician being punished because he injured man and not because he offended ,god4#gi ,sometimes we find even among a polytheistic people that sorcery is particularly opposed by its priesthood2#hj but the reason for this is no doubt hatred of rivals rather than religious zeal4 ,miss ,kingsley1 however1 does not think that the dislike of witchcraft in ,west ,africa at large has originally anything to do with the priesthood4#ha ,footnote #fa3 ,lea1 ,history of the ,inquisition1 iii4 #dbb1 #dec4 ,pollock and ,maitland1 ,history of ,english ,law before the ,time of ,edward ,i4 ii4 #eeb sqq4 ,milman1 op4 cit4 ix4 #fi4 ,lecky1 ,rise and ,influence of ,rationalism in ,europe1 i4 #bf4 ,keary1 ,outlines of ,primitive ,belief among the ,indo-,european ,races1 p4 #eaa sqq4 ,rogers1 ,social ,life in ,scotland1 iii4 #bfe1 #bfh4 ,ralston1 ,songs of the ,russian ,people1 pp4 #chf1 #daf sq4 ,footnote #fb3 ,exodus1 xxii4 #ah4 ,leviticus1 xix4 #bf1 #ca2 xx4 #f1 #bg4 ,deuteronomy1 xviii4 #aj sqq4 ,footnote #fc3 ,polak1 ,persien1 i4 #cdh4 ,lane1 ,modern ,egyptians1 i4 #ccc4 ,footnote #fd3 ,supra1 i4 #ahi sq4 ,cruickshank1 ,eighteen ,years on the ,gold ,coast1 ii4 #agi4 ,bowdich1 ,mission to ,ashantee1 p4 #bfj4 ,johnston1 ,british ,central ,africa1 p4 #djc 7,bakongo74 ,cunningham1 ,uganda1 pp4 #ce 7,banyoro71 #adj 7,bavuma71 #cje 7,basukuma71 ,arnot1 ,garenganze1 p4 #ge4 ,decle1 ,three ,years in ,savage ,africa1 p4 #gf 7,barotse74 ,casalis1 ,basutos1 p4 #bbi4 ,kidd1 ,the ,essential ,kafir1 p4 #adh sq4 ,sibree1 ,the ,great ,african ,island1 p4 #bib 7,malagasy74 ,swettenham1 ,malay ,sketches1 p4 #aif 7,malays of ,perak74 ,dalton1 ,ethnology of ,bengal1 7,oraons74 ,egede1 ,description of ,greenland1 p4 #abc sq4 ,krause1 ,die ,tlinkit-,indianer1 p4 #bic sq4 ,jones1 quoted by ,kohler1 ',die ,rechte der ,urvlker ,nordamerikas1' in ,zeitschr4 f4 vergl4 ,rechtswiss4 xii4 #dab 7,chippewas74 ,morgan1 ,league of the ,iroquois1 p4 #ccj2 ,seaver1 ,life of ,mrs4 ,jemison1 p4 #afg 7,iroquois74 ,powell1 ',wyandot ,government1' in ,ann4 ,rep4 ,bur4 ,ethn4 i4 #fg4 ,stevenson1 ',sia1' ibid4 xi4 #ai4 ,lumholtz1 ,unknown ,mexico1 i4 #cbe 7,tarahumares74 ,forbes1 ',aymara ,indians of ,bolivia and ,peru1' in ,jour4 ,ethn4 ,soc4 ,n4 ,s4 ii4 #bcf1 n4 99 ,footnote #fe3 ,supra1 i4 #ahi4 ,footnote #ff3 ,cf4 ,dorsey1 ',omaha ,sociology1' in ,ann4 ,rep4 ,bur4 ,ethn4 iii4 #cfd4 ,footnote #fg3 ,rowley1 ,religion of the ,africans1 p4 #abe sq4 ,see also ,kidd1 ,the ,essential ,kafir1 p4 #adh4 ,footnote #fh3 ,maclean1 ,compendium of ,kafir ,laws1 p4 #abc4 ,footnote #fi3 ,dale1 in ,jour4 ,anthr4 ,inst4 xxv4 #bbc4 ,footnote #gj3 ,bancroft1 ,native ,races of the ,pacific ,states1 ii4 #dfb4 ,footnote #ga3 ,ta ,tsing ,leu ,lee1 sec4 cclvi4 p4 #bgc4 ,footnote #gb3 ,dennys1 ,folk-,lore of ,china1 p4 #hj4 ,footnote #gc3 ,laws of ,hvammurabi1 #a4 ,footnote #gd3 ,vish'nu ,pur'na1 p4 #bjh4 ,footnote #ge3 ,brunner1 ,deutsche ,rechtsgeschichte1 ii4 #fgh4 ,footnote #gf3 ,lex ,duodecim ,tabularum1 viii4 #be4 ,footnote #gg3 ,lecky1 ,history of ,european ,morals1 i4 #dbj4 ,footnote #gh3 ,plato1 ,leges1 xi4 #icc4 ,footnote #gi3 ,lecky1 ,rationalism in ,europe1 i4 #ah4 ,footnote #hj3 ,kingsley1 ,west ,african ,studies1 p4 #acg4 ,rink1 ,greenland1 p4 #bja4 ,footnote #ha3 ,kingsley1 ,west ,african ,studies1 p4 #ace sq4 ,the religious intolerance which has accompanied the rise of monotheism is1 as we have just observed1 the result of the nature attributed to its godhead4 ,but the evolution of religion does not end with the triumph of a jealous and irritable heavenly despot4 ,there is a later stage where men believe in a god or supernatural power which is absolutely free from all human weakness1 and in such a religion intolerance has no place4 ,it has been said that the tolerant spirit of ,buddhism#hb is due to religious #fec indifference1#hc but the original cause of it seems to be the absence of a personal god2 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 ages4 ,it should be remembered1 however1 that religious toleration does not mean passive indifference with regard to dissenting religious ideas4 ,the tolerant man may be a great propagandist4 ,he may do his utmost to eradicate1 by means of persuasion1 what he considers to be a false belief4 ,he may even resort to stronger measures against those who do mischief in the name of their religion4 ,but he does not persecute anybody for the sake of his faith2 nor does he believe in an intolerant and persecuting god4 ,footnote #hb3 ,hardy1 ,eastern ,monachism1 p4 #dab4 ,monier-,williams1 ,buddhism1 p4 #abf4 ,waddell1 ,buddhism of ,tibet1 p4 #efh4 ,edkins1 ,religion in ,china1 p4 #abg4 ,gutzlaff1 ,sketch of ,chinese ,history1 i4 #gj4 ,forbes1 ,british ,burma1 p4 #cbb sq4 ,footnote #hc3 ,forbes1 op4 cit4 p4 #cbb4 ,cf4 ,kuenen1 ,hibbert ,lectures on ,national and ,universal ,religions1 p4 #bij4 99 99 99 99 99 ,supernatural beings1 according to the belief of many races1 desire to be worshipped not only because they depend upon human care for their subsistence or comfort1 but because worship is an act of homage4 ,we have seen that sacrifice1 after losing its original significance1 still survives as a reverent offering4 ,so also prayer is frequently a tribute to the self-regarding pride of the god to whom it is addressed4 ,a supplication is an act of humility1 more or less flattering to the person appealed to and especially gratifying where1 as in the case of a god1 the granting of the request entails no deprivation or loss1 but on the contrary is rewarded by the worshipper4 ,moreover1 the request is very commonly accompanied by reverential epithets or words of eulogy2 and praise1 nay even flattery1 is just as pleasant to superhuman as to human ears4 ,gods are addressed as great or mighty1 as lords or kings1 as fathers or grandfathers4#hd ,a prayer of the ancient ,peruvians began with the following words3--,o conquering ,viracocha6 ,ever present ,viracocha6 ,thou art in the ends of the earth without equal6#he #fed ,the ancient ,egyptians flattered their gods1#hf the ,vedic and ,zoroastrian hymns are full of praise4 ,muhammedans invoke ,allah by sentences such as1 ,god is great1 ,god is merciful1 ,god is he who seeth and heareth4 ,words of praise1 as well as words of thanks1 addressed to a god1 may certainly be the expressions of unreflecting admiration or gratitude1 free from all thought of pleasing him2 but where laudation is demanded by the god as a price for good services1 it is simply a tribute to his vanity4 ,there is a ,chinese story which amusingly illustrates this little weakness of so many gods3--,at the hottest season of the year there was a heavy fall of snow at ,soochow4 ,the people1 in their consternation1 went to the temple of the ,great ,prince to pray4 ,then the spirit moved one of them to say1 ,you now address me as ,your ,honour4 ,make it ,your ,excellency1 and1 though ,i am but a lesser deity1 it may be well worth your while to do so4 ,thereupon the people began to use the latter term1 and the snow stopped at once4#hg ,the ,hindus say that by praise a person may obtain from the gods whatever he desires4#hh ,footnote #hd3 ,see ,brinton1 ,religions of ,primitive ,peoples1 p4 #aje4 ,footnote #he3 de ,molina1 ',fables and ,rites of the ,yncas1' in ,narratives of the ,rites and ,laws of the ,yncas1 p4 #cc4 ,footnote #hf3 ,amlineau1 ,l'volution des ides morales dans l'gypte ancienne1 p4 #bad4 ,footnote #hg3 ,giles1 ,strange ,stories from a ,chinese ,studio1 ii4 #bid4 ,footnote #hh3 ,ward1 ,view of the ,history1 ,literature1 and ,religion of the ,hindoos1 ii4 #fi4 ,we have different means of gratifying a person's self-regarding pride3 one is to praise him1 another is to humiliate ourselves4 ,both have been adopted by men with reference to their gods4 ,besides hymns of praise there are hymns of penitence1 the object of which is largely to appease the angry feelings of offended gods4 ,prayers for remission of sins form a whole literature among peoples like that of the ,vedic age1 the ,chaldeans1#hi and the ,hebrews1 who commonly regarded calamities to which men were subject not as the result of an inexorable fate nor as the machinations of evil spirits1 but as divine punishments4 ,according to early ideas1 as we have seen1 sin is a substance charged with injurious #fee energy1 from which the infected person tries to rid himself by mechanical means4#ij ,but at the same time the effect of sin is conceived as a divine punishment1 and this suggests atonement4 ,in the ,rig-,veda we not only hear of the removal of sins by magical operations1 but the gods are requested to free the sufferer from his sin4#ia ,footnote #hi3 ,zimmern1 ,babylonische ,busspsalmen1 passim4 ,mrdter-,delitzsch1 ,geschichte ,babyloniens und ,assyriens1 p4 #ch sq4 ,delitzsch1 ,wo lag das ,paradies8 p4 #hf4 ,hommel1 ,die semitischen ,vlker und ,sprachen1 p4 #cae sqq4 ,meyer1 ,geschichte des ,alterthums1 i4 #agh4 ,footnote #ij3 ,supra1 i4 #eb sqq4 ,footnote #ia3 ,see ,oldenberg1 ,die ,religion des ,veda1 pp4 #bib1 #bif1 #cag sq4 ,gods are fond of prayers not only as expressions of humility or repentance but for other reasons as well4 ,in early religion a prayer is commonly connected with an offering1 since the god is not supposed to bestow his favours gratuitously4#ib ,by the call contained in it he is invited to partake of the offering1 or his attention is drawn to it4#ic ,compassionate father6 says the ,tanna priest when he offers first-fruits to a deified ancestor2 here is some food for you1 eat it1 and be kind to us on account of it6#id ,in one of the ,pahlavi texts it is said that when the guardian spirits of the righteous are invited they accept the sacrifice1 whereas if they are not invited they go up the height of a spear and will remain4#ie ,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 words4#if ,mithra complains1 ,if men would worship me with a sacrifice in which ,i were invoked by my own name1 as they worship the other ,yazatas with sacrifices in which they are invoked by their own names1 then ,i would come to the faithful at the appointed time4#ig #fef ,according to ,vedic and ,zoroastrian texts the gods were purified1 strengthened1 and encouraged not only by offerings but by prayers1 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 other4#ih ,by his invocations man assists the gods in their combats with evil demons1 he sends his prayer between the earth and the heavens there to smite the fiends4#ii ,in a ,vedic hymn the people are exhorted to sing to ,indra a song very destructive to the demons4#ajj ,by pronouncing the praise of ,asha1 ,zarathustra brings the ,daevas to naught2#aja by mentioning the name of ,ahura ,mazda their malice is most effectually destroyed4#ajb ,thus prayer may be a religious duty also on account of the magic efficacy ascribed to it1 and the same is the case with incantations directed against evil spirits4 ,footnote #ib3 ,tylor1 ,primitive ,culture1 ii4 #cfd sqq4 ,georgi1 ,russia1 iii4 #bgb 7shamanistic peoples of ,siberia74 ,maspero1 tudes de mythologie et d'archologie gyptiennes1 i4 #afc2 ,idem1 ,dawn of ,civilization1 p4 #abd1 n4 #e 7ancient ,egyptians74 ,darmesteter1 in ,sacred ,books of the ,east1 iv4 7#ast ed47 p4 lxix4 7,zoroastrians74 ,oldenberg1 op4 cit4 p4 #dcj sqq42 ,barth1 ,religions of ,india1 p4 #cd 7,vedic people74 ,donaldson1 ',expiatory and ,substitutionary ,sacrifices of the ,greeks1' in ,trans4 ,roy4 ,soc4 ,edinburgh1 xxvii4 #dcj4 ,grimm1 ,teutonic ,mythology1 i4 #bi4 ,among the ,kafirs of ,natal a soldier wounded in battle would only pray if his hurt were slight2 but if it were serious1 he would vow a sacrifice on his return1 naming perhaps the particular beast 7,shooter1 ,kafirs of ,natal1 p4 #afd74 ,footnote #ic3 ,cf4 ,brinton1 ,religions of ,primitive ,peoples1 p4 #ajd4 ,footnote #id3 ,turner1 ,nineteen ,years in ,polynesia1 p4 #hh4 ,footnote #ie3 ,shyast ,l-,shyast1 ix4 #ab4 ,footnote #if3 ,yasts1 viii4 #bc sqq42 x4 #cj4 ,footnote #ig3 ,ibid4 x4 #ee4 ,cf4 ibid4 x4 #gd4 ,footnote #ih3 ,see ,bergaigne1 ,la religion vdique1 ii4 #bcg1 #bej1 #bgc sqq42 ,zimmer1 ,altindisches ,leben1 p4 #ccg sqq42 ,oldenberg1 ,religion des ,veda1 p4 #dcg2 ,macdonell1 ,vedic ,mythology1 p4 #fj2 ,meyer1 ,geschichte des ,alterthums1 i4 #ecd sq4 7,zoroastrianism74 ,footnote #ii3 ,yasna1 xxviii4 #g4 ,yasts1 iii4 #e4 ,venddd1 xix4 #a1 #b1 #h sqq4 ,darmesteter1 ,ormazd et ,ahriman1 pp4 #aja1 #aai1 #aca1 #aic4 ,idem1 in ,sacred ,books of the ,east1 iv4 7#ast ed47 p4 lxix4 ,footnote #ajj3 ,rig-,veda1 viii4 #gh4 #a4 ,footnote #aja3 ,yasts1 xiii4 #hi4 ,cf4 ibid4 xiii4 #ij4 ,footnote #ajb3 ,ibid4 i4 #c1 #d1 #aj1 #aa1 #ai4 ,in earlier chapters we have often noticed how curses gradually develop into genuine prayers1 and vice versa may a prayer develop into a curse or spell4 ,dr4 ,rivers observes that the formul used in ,toda magic have the form of prayers4#ajc ,so also ,assyrian incantations are often dressed in the robe of supplication1 and end with the formula1 ,do so and so1 and ,i shall gladden thine heart and worship thee in humility4#ajd ,vedic texts which were not originally meant as charms became so afterwards4 ,incantations are comparatively rare in the ,rig-,veda1 and seem even to be looked upon as objectionable1 but towards the end of the ,vedic period the reign of ,brahma1 the power of prayer1 as the supreme god in the ,indian ,pantheon began to dawn4#aje #feg;,brahma is a force by which the gods act1 by which they are born1 and by which the world has been formed2#ajf 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#ajg--the prayer governs them4#ajh ,this omnipresent force is personified in ,brahman4aspati1 the lord of prayer1 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 texts4#aji ,it is a current saying in ,india that the whole universe is subject to the gods1 that the gods are subject to the mantras1 that the mantras are subject to the ,brahmans1 and that therefore the ,brahmans are the real gods4#aaj ,in ,zoroastrianism prayers are not made efficacious by devotion and fervency1 but to the words themselves belongs a mysterious power and the mere recitation of them1 if correct and faultless1 brings that power into action2#aaa in the ,yasts prayer is regarded as a goddess1 as the daughter of ,ahura ,mazda4#aab ,in ancient ,egypt1 ,m4 ,maspero observes1 la prire n'tait pas comme chez nous une petition que l'homme prsente au dieu1 et que le dieu est libre d'accepter ou de refuser son gr3 c'tait une formule dont les terms ont une valeur imprative1 et dont l'nonciation exacte oblige le dieu concder ce qu'on lui demande4#aac ,greek literature supplies other instances of men conjuring their gods by incantations2#aad the word ,greek3 a7ra_/ means both prayer and curse4#aae ,and in the ,roman1 as in the majority of the old ,italian cults1 prayer is a magic formula1 producing its effect by its own inherent quality4#aaf ,footnote #ajc3 ,rivers1 ,todas1 pp4 #dej1 #dec4 ,footnote #ajd3 ,tallqvist1 ',die assyrische ,beschwrungsserie ,maql1' in ,acta ,soc4 ,scient4 ,fennic1 xx4 #bb4 ,footnote #aje3 ,oldenberg1 op4 cit4 p4 #caa sqq4 ,hopkins1 op4 cit4 p4 #adi4 ,roth1 ',brahma und die ,brahmanen1' in ,zeitschr4 d4 ,deutschen ,morgenlndischen ,gesellsch4 i4 #fg1 #ga4 ,darmesteter1 ,essais orientaux1 p4 #acb4 ,footnote #ajf3 ,atharva-,veda1 xi4 #e4 #e4 ,barth1 op4 cit4 p4 #ch4 ,footnote #ajg3 ,roth1 loc4 cit4 p4 #ff sqq4 ,barth1 op4 cit4 p4 #ch4 ,darmesteter1 ,ormazd et ,ahriman1 p4 #aja4 ,footnote #ajh3 ,rig-,veda1 vi4 #ea4 #h4 ,footnote #aji3 ,barth1 op4 cit4 p4 #ae sq4 ,roth1 loc4 cit4 p4 #ga4 ,footnote #aaj3 ,monier-,williams1 ,brahmanism and ,hinduism1 p4 #bja sq4 ,footnote #aaa3 ,see ,geiger1 ,civilization of the ,eastern ,iranians1 i4 #ga4 ,footnote #aab3 ,yasts1 xiii4 #ib2 xvii4 #af4 ,footnote #aac3 ,maspero1 tudes de mythologie et archologie gyptiennes1 i4 #afc4 ,footnote #aad3 ,see ,usener1 ,gtternamen1 p4 #cce sq4 ,footnote #aae3 ,cf4 von ,lasaulx1 ,der ,fluch bei ,griechen und ,rmern1 p4 #f4 ,so also the ,manx word gwee means both prayer and curse 7,rhys1 ,celtic ,folklore1 i4 #cdi74 ,footnote #aaf3 ,renan1 ,hibbert ,lectures on the ,influence of the ,institutions1 c4 of ,rome on ,christianity1 p4 #aj sq4 ,cf4 ,jevons1 in ,plutarch's ,romane ,questions1 p4 xxviii42 ,granger1 ,worship of the ,romans1 p4 #aeh4 #feh ,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 curse1 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 offered2 and the constraining force in the prayer or sacrifice may then be directed even against the god himself4 ,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 texts4 ,a successful incantation presupposes a certain knowledge in him who utters it4 ,the words of the formul are fixed and may not suffer the slightest modification under penalty of losing their potency4 ,right intonation is equally important4#aag ,the ,brahmanic mantras must be pronounced according to certain mystic forms and with absolute accuracy1 or their efficacy is destroyed2 nay1 if in the repetition of a mantra the slightest mistake is made1 either by omission of a syllable or defective pronunciation1 the calamity which it was intended to bring down on an enemy will inevitably recoil on the head of the repeater4#aah ,the potency of the incantation largely lies in the voice1 which is the magical instrument par excellence4#aai ,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 unacquainted1 gave the answer that the advantage of often repeating the sounds was incalculable1 infinite2#abj and a ,muhammedan writer argues that prayers which are offered in any other language than #fei ,arabic are profane and useless1 because the sounds of this language--whether understood or not--illuminate the darkness of men and purify the hearts of the faithful4#aba ,ideas of this sort are of course most strongly advocated by those who derive the greatest profit from them--priests or scribes4 ,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 importance4 ,footnote #aag3 ,maspero1 tudes1 i4 #aji2 ,idem1 ,dawn of ,civilization1 pp4 #adf1 #bac 7ancient ,egyptians74 ,sayce1 ,hibbert ,lectures on the ,religion of the ,andent ,babylonians1 p4 #cai4 ,darmesteter1 ,ormazd et ,ahriman1 p4 #i4 ,sell1 ,faith of ,islm1 pp4 #ec1 #gi1 #ccd1 #cda4 ,footnote #aah3 ,monier-,williams1 ,brahmanism and ,hinduism1 p4 #aii4 ,footnote #aai3 ,yasts1 iv4 #e4 ,maspero1 tudes1 ii4 #cgc sq42 ,idem1 ,dawn of ,civilization1 p4 #adf 7ancient ,egyptians74 ,sell1 op4 cit4 p4 #cah 7,muhammedans74 ,footnote #abj3 ,indo-,chinese ,gleaner1 iii4 #ade4 ,footnote #aba3 ,indo-,chinese ,gleaner1 iii4 #adf4 99 99 99 99 99 ,among all sins there is none which gods resent more severely than disobedience to their commandments4 ,mr4 ,macdonald says of the ,efatese1 in the ,new ,hebrides1 that no people under the sun is more obedient to what they regard as divine mandates than these savages1 who believe that an offence against a spiritual being means calamity and death4#abb ,the ,chaldeans had a lively sense of the risks entailed upon the sinner by disobedience to the gods4#abc ,according to the ,bible disobedience was the first sin committed by man1 and death was introduced into the world as its punishment4 ,rebellion is as the sin of witchcraft1 and stubbornness is as iniquity and idolatry4#abd ,on the history of morals this demand of obedience has exercised considerable influence4 ,it gives emphasis to moral rules which are looked upon as divine injunctions1 and it helps to preserve such rules after the conditions from which they sprang have ceased to exist4 ,the fact that they have become meaningless does not render them less binding2 on the contrary1 the mystery surrounding them often increases their sanctity4 ,the commandments of a god must be obeyed independently of their contents1 simply because disobedience to him is a sin4 ,acts totally different in character1 crimes of the worst description and #ffj practices by themselves perfectly harmless1 are grouped together as almost equally offensive to the deity because they have been forbidden by him4#abe ,and moral progress is hampered by a number of precepts which1 though rooted in obsolete superstitions or antiquated ideas about right and wrong1 have an obstinate tendency to persist on account of their supposed divine origin4#abf ,footnote #abb3 ,macdonald1 ,oceania1 p4 #bja4 ,footnote #abc3 ,maspero1 ,dawn of ,civilization1 p4 #fhb4 ,delitzsch1 ,wo lag das ,paradies8 p4 #hf4 ,footnote #abd3 #a ,samuel1 xv4 #bc4 ,schultz1 ,old ,testament ,theology1 ii4 #bhf4 ,for other instances see ,rig-,veda1 vii4 #hi4 #e2 ,geiger1 ,civilization of the ,eastern ,iranians1 i4 p4 li42 ,schmidt1 ,die ,ethik der alten ,griechen1 ii4 #ea sq4 ,footnote #abe3 ,cf4 supra1 i4 #aic sqq4 ,footnote #abf3 ,cf4 ,pollock1 ,essays on ,jurisprudence and ,ethics1 p4 #cjf sq4 99 99 99 99 99 ,duties to gods are in the first place based on prudential considerations4 ,supernatural beings1 even when on the whole of a benevolent disposition1 are no less resentful than men1 and1 owing to their superhuman power1 much more dangerous4 ,on the other hand1 they may also bestow wonderful benefits upon those who please them4 ,the general rule that prudence readily assumes a moral value holds particularly true of religious matters1 where great individual interests are at stake4 ,waterland says in his ,sermon on ,self-love3--,the wisest course for any man to take is to secure an interest in the life to come4 4 4 4 ,he may love himself1 in this instance1 as highly and as tenderly as he pleases4 ,there can be no excess of fondness1 or self-indulgence1 in respect of eternal happiness4 ,this is loving himself in the best manner1 and to the best purposes4 ,all virtue and piety are thus resolvable into a principle of self-love4 4 4 4 ,it is with reference to ourselves1 and for our own sakes1 that we love even ,god himself4#abg ,footnote #abg3 ,waterland1 ',on ,self-,love1' in ,the ,english ,preacher1 i4 #aja sq4 ,cf4 ,paley's definition of virtue in his ,principles of ,moral and ,political ,philosophy1 i4 #g 7,complete ,works1 ii4 #ch2 supra1 i4 #cjj74 ,at the same time it may be not only in people's own interests1 but in the interests of their fellow men as well1 for them to be on friendly terms with supernatural beings4 ,these beings often visit the iniquity of fathers or forefathers upon children or descendants1 or punish the community for the sins of one of its members2#abh and1 on the other hand1 they reward the whole family or group for the virtues of a single individual4#abi ,so also1 when the #ffa members of a community join in common acts of worship1 each worshipper promotes not only his own welfare1 but the welfare of his people4 ,in early religion it is of the utmost importance for the tribe or nation that the established cult should be strictly observed4 ,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 duty2 for1 if the latest stages of religious development be excepted1 the relations between men and their gods are communal rather than individual in character4 ,ahura ,mazda said1 ,if men sacrifice unto ,verethraghna1 made by ,ahura1 if the due sacrifice and prayer is offered unto him just as it ought to be performed in the perfection of holiness1 never will a hostile horde enter the ,aryan countries1 nor any plague1 nor leprosy1 nor venomous plants1 nor the chariot of a foe1 nor the uplifted spear of a foe6#acj ,thus the duties to gods are at the same time social duties of the first order1 owing to the intensely social character of religious relationships4 ,footnote #abh3 ,supra1 i4 #dh sqq4 ,footnote #abi3 ,supra1 i4 #if sqq4 ,footnote #acj3 ,yasts1 xiv4 #dh4 ,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 themselves2#aca for punishment1 as we have seen1 easily leads to moral disapproval4 ,but although prudential considerations of some kind or other be the chief cause of the obligatory character attached to men's conduct towards their gods1 they are not the only cause4 ,we must also remember that gods are regarded with genuine reverence by their worshippers2 and where this is the case offences against religion naturally excite sympathetic resentment in the latter1 whilst great piety calls forth sympathetic approval and is praised as a virtue4 ,footnote #aca3 ,supra1 i4 #aid4 ,i have here spoken of duties which men consider they owe to their gods1 not of duties to supernatural beings in general4 ,this distinction1 though not always easy to #ffb follow in detail1 is yet of vital importance4 ,people may no doubt be afraid to offend and even anxious to please other spirits besides their gods1 but religious duties chiefly arise where there are established relationships between men and supernatural beings2 indeed1 it may even be a duty to refrain from worshipping or actually to persecute other spirits1 as is the case in monotheistic religions4 ,men depend for their welfare on their gods more than on any other members of the spiritual world4 ,they select as their gods those supernatural beings from whom they think they have most to fear or most to hope4 ,hence it is generally in the relations to them only that those factors1 prudential and reverential1 are to be found which lead to the establishment of religious duties4 ,,chapter ,l ,,gods ,,as ,,guardians ,,of ,,morality ,,as men are concerned about the conduct of their fellow men towards their gods1 so gods are in many cases concerned about men's conduct towards one another--disapproving of vice and punishing the wicked1 approving of virtue and rewarding the good4 ,but this is by no means a universal characteristic of gods4 ,it is a quality attributed to certain deities only and1 as it seems1 in most instances slowly acquired4 ,we are told by competent observers that the supernatural beings of savage belief frequently display the utmost indifference to all questions of worldly morality4 ,according to ,messrs4 ,spencer and ,gillen1 the ,central ,australian natives1 though they assume the existence of both friendly and mischievous spirits1 have not the vaguest idea of a personal individual other than an actual living member of the tribe who approves or disapproves of their conduct1 so far as anything like what we call morality is concerned4#a ,the ,society ,islanders maintained that the only crimes that were visited by the displeasure of their deities were the neglect of some rite or ceremony4#b ,the religious belief of the ,gonds of ,central ,india is said to be wholly unconnected with any idea of morality2 a moral deity demanding righteous conduct from his creatures1 our informant adds1 is a religious #ffd conception far beyond the present capacity either of the ,indian savage or the ordinary ,hindu4#c ,of the ,e7we-1 ,yoruba-1 and ,tshi-speaking peoples of the ,west ,african ,slave and ,gold ,coasts ,major ,ellis writes3--,religion1 at the stage of growth in which we find it among these three groups of tribes1 has no connection with morals1 or the relations of men to one another4 ,it consists solely of ceremonial worship1 and the gods are only offended when some rite or ceremony has been neglected or omitted4 4 4 4 ,murder1 theft1 and all offences against the person or against property1 are matters in which the gods have no immediate concern1 and in which they take no interest1 except in the case when1 bribed by a valuable offering1 they take up the quarrel in the interests of some faithful worshipper4#d ,so also among the ,bambala1 a ,bantu tribe in the ,kasai1 south of the ,river ,congo1 there is no belief that the gods or spirits punish wrong-doing by afflicting the criminal or his family1 nor are the acts of a man supposed to affect his condition after death4#e ,the ,indians of ,guiana1 says ,sir ,e4 ,f4 ,im ,thurn1 observe an admirable code of morality1 which exists side by side with a simple animistic form of religion1 but the two have absolutely no connection with one another4#f ,with reference to the ,tarahumares of ,mexico ,dr4 ,lumholtz states that the only wrong towards the gods of which an ,indian may consider himself guilty is that he does not dance enough4 ,for this offence he asks pardon4 ,whatever bad thoughts or actions toward man he may have on his conscience are settled between himself and the person offended4#g ,in the primitive ,indian's conception of a god1 ,mr4 ,parkman observes1 the idea of moral good #ffe has no part4 ,his deity does not dispense justice for this world or the next4#h ,footnote #a3 ,spencer and ,gillen1 ,northern ,tribes of ,central ,australia1 p4 #dia4 ,footnote #b3 ,ellis1 ,polynesian ,researches1 i4 #cig4 ,footnote #c3 ,forsyth1 ,highlands of ,central ,india1 p4 #ade4 ,see also ,hodgson1 ,miscellaneous ,essays1 i4 #abd 7,bdo and ,dhimls72 ,caldwell1 ,tinnevelly ,shanars1 p4 #cf2 ,lyall1 ,asiatic ,studies1 p4 #de2 ,radloff1 ,das ,schamanenthum1 p4 #ac 7,turkish tribes of the ,altai74 ,footnote #d3 ,ellis1 ,yoruba-speaking ,peoples of the ,slave ,coast1 p4 #bic4 ,idem1 ,tshi-speaking ,peoples of the ,gold ,coast1 p4 #aj4 ,the ,e7we god ,mawu is represented as an exception to this rule 7infra1 p4 #fhf74 ,footnote #e3 ,torday and ,joyce1 ',ethnography of the ,ba-,mbala1' in ,jour4 ,anthr4 ,inst4 xxxv4 #dae4 ,footnote #f3 ,im ,thurn1 ,indians of ,guiana1 p4 #cdb4 ,footnote #g3 ,lumholtz1 ,unknown ,mexico1 i4 #ccb4 ,footnote #h3 ,parkman1 ,jesuits in ,north ,america1 p4 lxxviii4 ,see also ,eastman1 ,dacotah1 p4 xx42 ,schoolcraft1 ,indian ,tribes of the ,united ,states1 ii4 #aie 7,dacotahs74 ,that many savage gods are so thoroughly selfish as to care about nothing else than what concerns their own interests1 may also be inferred from the character attributed to them4 ,we have seen that the altruistic sentiment is the chief source from which moral emotions spring1 and of the gods of various uncivilised peoples we hear not only that they are totally destitute of benevolent feelings1 but that they are of a malicious nature and mostly intent on doing harm to mankind4#i ,footnote #i3 ,see ,meiners1 ,geschichte der ,religionen1 i4 #dje2 ,tylor1 ,primitive ,culture1 ii4 #cbi2 ,avebury1 ,origin of ,civilisation1 p4 #bcb sqq42 ,roskoff1 ,geschichte des ,teufels1 i4 #bj sq42 ,frazer1 ,golden ,bough1 iii4 #dj sqq42 ,karsten1 ,origin of ,worship1 p4 #df sqq4 ,the ,maoris of ,new ,zealand regarded their deities as the causes of pain1 misery1 and death1 as mighty enemies from whom nobody ever thought of getting any aid or good1 but who were to be rendered harmless by means of charms or spells or by sacrifices offered to appease their wrath4#aj ,the ,tahitians supposed their gods were powerful spiritual beings1 in some degree acquainted with the events of this world1 and generally governing its affairs2 never exercising any thing like benevolence towards even their most devoted followers1 but requiring homage and obedience1 with constant offerings2 denouncing their anger1 and dispensing destruction on all who either refused or hesitated to comply4#aa ,the ,fijians formed no idea of any voluntary kindness on the part of their gods1 except the planting of wild yams1 and the wrecking of strange canoes and foreign vessels on their coast2#ab and that some of these beings were conceived as positively wicked is indicated by the names given them--the adulterer1 the rioter1 the murderer1 and so forth4#ac ,the people of ,aneiteum1 in the ,new ,hebrides1 maintained that earth and air and ocean were filled with natmasses1 spiritual beings1 but all malignant1 who ruled over everything that affected the human race4 4 4 4 ,their deities1 like themselves1 were #fff all selfish and malignant2 they breathed no spirit of benevolence4#ad ,footnote #aj3 ,taylor1 ,te ,ika a ,maui1 pp4 #ajd1 #adh4 ,colenso1 ,maori ,races of ,new ,zealand1 p4 #fb4 ,cf4 ,dieffenbach1 ,travels in ,new ,zealand1 ii4 #aah4 ,footnote #aa3 ,ellis1 ,polynesian ,researches1 i4 #ccf4 ,footnote #ab3 ,williams and ,calvert1 ,fiji1 p4 #aie4 ,footnote #ac3 ,ibid4 p4 #ahe4 ,footnote #ad3 ,inglis1 ,in the ,new ,hebrides1 pp4 #cj1 #cb4 ,the ,santal of ,india believes in no god from whose benignity he may expect favour1 but in a multitude of demons and evil spirits1 whose spite he endeavours by supplications to avert4 ,even his family god represents the secret principle of evil1 which no bolts can shut out1 and which dwells in unseen but eternally malignant presence beside every hearth4#ae ,the ,kamchadales do not seem to have hoped for anything good from their deities2 ,kutka himself1 the creator of the universe and the greatest of the gods1 was once caught in adultery and castrated4#af ,footnote #ae3 ,hunter1 ,annals of ,rural ,bengal1 i4 #aha sq4 ,footnote #af3 ,klemm1 ,cultur-,geschichte der ,menschheit1 ii4 #cah sq4 ,steller1 ,beschreibung von ,kamtschatka1 p4 #bfd4 ,according to the beliefs of the ,koksoagmyut1 or ,hudson ,bay ,eskimo1 all the minor spirits are under the control of the great spirit whose name is ,tung ak1 and this being is nothing more or less than death1 which ever seeks to torment and harass the lives of people that their spirits may go to dwell with him4#ag ,nay1 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 accompanies2 its good offices can be obtained by propitiation only4#ah ,among the ,nenenot1 or ,indians of ,hudson ,bay1 the rule seems to be that all spirits are by nature bad1 and must be propitiated to secure their favour4#ai ,of various ,brazilian tribes we are likewise told that they do not believe in the existence of any benevolent spirits4 ,thus the ,coroado ,indian acknowledges only an evil principle1 which sometimes meets him in the form of a lizard or a crocodile or an ounce or a man with the feet of a stag1 sometimes transforms itself into a swamp1 and leads him astray1 vexes him1 brings him into difficulty and danger1 and even kills him4#bj ,the ,mundrucus of the ,cupar have no notion of a good supreme being1 but believe in an evil spirit1 regarded merely as a kind of hobgoblin1 who is at the bottom of all their little failures and gives them troubles in fishing1 hunting1 and so forth4#ba ,the ,uaups1 says ,mr4 ,wallace1 appear to have no definite idea of a ,god4 4 4 4 ,they have much more definite ideas of a bad spirit1 ',jurupar1' or ,devil1 whom they fear and #ffg endeavour through their pags or medicine men to propitiate4 ,when it thunders1 they say the ',jurupar' is angry1 and their idea of natural death is that the ',jurupar' kills them4#bb ,footnote #ag3 ,turner1 ',ethnology of the ,ungava ,district1' in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #bgb4 ,footnote #ah3 ,ibid4 p4 #aid4 ,footnote #ai3 ,ibid4 p4 #aic sq4 ,footnote #bj3 von ,spix and von ,martius1 ,travels in ,brazil1 ii4 #bdc4 ,footnote #ba3 ,bates1 ,the ,naturalist on the ,river ,amazons1 ii4 #acg4 ,footnote #bb3 ,wallace1 ,travels on the ,amazon1 p4 #ejj4 ,in ,eastern ,africa1 according to ,burton1 the sentiment generally elicited by a discourse upon the subject of the existence of a ,deity is a desire to see him1 in order to revenge upon him the deaths of relatives1 friends1 and cattle4#bc ,the only quality of a moral character which the ,wanika are said to ascribe to the supreme being1 ,mulungu1 is that of vindictiveness and cruelty4#bd ,to the ,matabele the idea of a benevolent deity is utterly foreign1 but they have a vague notion of a number of evil spirits always ready to do harm1 and the chief among these are the spirits of their ancestors4#be ,all the good the ,bechuanas enjoy they ascribe to rainmakers1 but all the evil that comes they attribute to a supernatural being2#bf of their principal god1 ,morimo1 ,mr4 ,moffat never once1 in the course of twenty-five years spent in missionary labour1 heard that he did good or was capable of doing so4#bg ,among various other ,african peoples1 travellers assure us1 supernatural beings are supposed to exercise a potent influence for evil rather than for good1 or beneficent spirits are1 at any rate1 almost unknown4#bh ,on the ,gold ,coast1 according to ,major ,ellis1 the majority of spirits are malignant1 and every misfortune is ascribed to their action4 ,i believe1 he adds1 that originally all were conceived as malignant1 and that the indifference1 or the beneficence 7when propitiated by sacrifice and flattery71 which are now believed to be characteristics of some of these beings1 are later modifications of the original idea4#bi ,footnote #bc3 ,burton1 ,lake ,regions of ,central ,africa1 ii4 #cdh4 ,footnote #bd3 ,new1 ,life1 ,wanderings1 and ,labours in ,eastern ,africa1 p4 #ajc sq4 ,footnote #be3 ,decle1 ,three ,years in ,savage ,africa1 p4 #aec4 ,footnote #bf3 ,campbell1 ,second ,journey in the ,interior of ,south ,africa1 ii4 #bjd4 ,footnote #bg3 ,moffat1 ,missionary ,labours in ,southern ,africa 7ed4 #ahdb71 p4 #bfb4 ,footnote #bh3 ,rowley1 ,religion of the ,africans1 p4 #ee4 ,kingsley1 ,travels in ,west ,africa1 p4 #ddc4 ,mockler-,ferryman1 ,british ,nigeria1 p4 #bee sq4 ,footnote #bi3 ,ellis1 ,tshi-speaking ,peoples1 pp4 #ab1 #ah1 #bj4 ,cf4 ,cruickshank1 ,eighteen ,years on the ,gold ,coast1 ii4 #acd4 ,of many savages it is reported that they have notions of good1 as well as of evil spirits1 but that they chiefly or exclusively worship the evil ones1 since the others are supposed to be so good that they require no offerings or homage4#cj ,but adoration of supernatural beings which are #ffh considered at least occasionally beneficent is also very prevalent among uncivilised peoples4#ca ,the gods of the pagan ,lapps were all good1 although they took revenge upon those who offended them4#cb ,among the ,navaho ,indians of ,new ,mexico the gods who are supposed to love and help men the most receive the greatest honour2 whereas the evil spirits are not worshipped except1 rumour says1 by the witches4#cc ,the belief in guardian or tutelary spirits of tribes1 clans1 villages1 families1 or individuals1 is extremely widespread4#cd ,these spirits may be exacting enough--they are often greatly feared by their own worshippers1 and sometimes described as distinctly malignant #ffi by nature2#ce but their general function is nevertheless to afford assistance to the person or persons with whom they are associated4 ,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 adoration2 and in no case does their benevolence prove that they take an active interest in morality at large4 ,a friendly supernatural being is not necessarily a guardian of men's behaviour towards their fellow men4 ,in ,morocco the patron saint of a town1 village1 or tribe is not in the least concerned about any kind of conduct which has not immediate reference to himself4#cf ,it is believed that even the robber may1 by invoking a dead saint1 secure his assistance in an unlawful enterprise4 ,footnote #cj3 ,wilken1 ,het ,animisme bij de volken van den ,indischen ,archipel1 p4 #bjg sq4 ,perham1 ',sea ,dyak ,religion1' in ,jour4 ,straits ,branch ,roy4 ,asiatic ,soc4 no4 #aj1 p4 #bbj2 ,st4 ,john1 ,life in the ,forests of the ,far ,east1 i4 #fi sq4 7,sea ,dyaks74 ,blumentritt1 ',der ,ahnencultus und die religisen ,anschauungen der ,malaien des ,philippinen-,archipels1' in ,mittheil4 d4 kais4 u4 kn4 ,geograph4 ,gesellsch4 in ,wien1 xxv4 #aff sqq4 ,prain1 ',angami ,nagas1' in ,revue coloniale internationale1 v4 #dhi4 ,forsyth1 op4 cit4 pp4 #ada1 #adc 7,gonds74 ,hooker1 ,himalayan ,journals1 i4 #abf 7,lepchas74 ,robertson1 ,history of ,america1 i4 #chc2 ,mller1 ,geschichte der ,amerikanischen ,urreligionen1 pp4 #aej1 #aea1 #bcb1 #bfj2 ,dorman1 ,origin of ,primitive ,superstition1 p4 #cj 7,american ,indians74 ,sproat1 ,scenes and ,studies of ,savage ,life1 p4 #bab 7,ahts74 ,falkner1 ,description of ,patagonia1 p4 #aaf2 ,prichard1 ,through the ,heart of ,patagonia1 p4 #ig4 ,footnote #ca3 ,see supra1 ii4 #fae sq4 ,footnote #cb3 von ,dben1 ,lappland1 pp4 #bbg1 #bhe4 ,friis1 ,lappisk ,mythologi1 p4 #ajf4 ,jessen1 ,norske ,finners og ,lappers ,hedenske ,religion1 p4 #cc4 ,footnote #cc3 ,matthews1 ,navaho ,legends1 p4 #dj4 ,see also ibid4 p4 #cc4 ,footnote #cd3 ,ellis1 ,tshi-speaking ,peoples of the ,gold ,coast1 pp4 #ag1 #ah1 #gg1 #ib4 ,idem1 ,e7we-speaking ,peoples of the ,slave ,coast1 p4 #ge4 ,wilson1 ,western ,africa1 p4 #chg 7,mpongwe74 ,tuckey1 ,river ,zaire1 p4 #cge4 ,ellis1 ,history of ,madagascar1 i4 #cie sq4 ,ratzel1 ,history of ,mankind1 i4 #cba 7various ,south ,sea ,islanders74 ,turner1 ,samoa1 p4 #ag sq4 ,williams and ,calvert1 ,fiji1 p4 #ahe sq4 ,inglis1 op4 cit4 p4 #cj 7people of ,aneiteum74 ,christian1 ,caroline ,islands1 p4 #ge4 ,wilken1 ,het ,animisme1 pp4 #bca sqq4 7,minahassers1 ,macassars1 and ,bugis of ,celebes71 #bdc 7,javanese74 ,selenka1 ,sonnige ,welten1 p4 #ajc sq4 7,dyaks74 ,forbes1 ,insulinde1 p4 #bjc 7natives of ,tenimber74 von ,brenner1 ,besuch bei den ,kannibalen ,sumatras1 p4 #bba 7,bataks74 ,mason1 ',religion1 c4 among the ,karens1' in ,jour4 ,asiatic ,soc4 ,bengal1 xxxiv4 #aif4 ,hunter1 ,annals of ,rural ,bengal1 i4 #ahb1 #ahf sq4 7,santals74 ,hodgson1 ,miscellaneous ,essays1 i4 #abh 7,bdo and ,dhimls74 ,bailey1 ',veddahs of ,ceylon1' in ,trans4 ,ethn4 ,soc4 ,n4,s4 ii4 #cja2 ,nevill1 ',vaeddas of ,ceylon1' in ,taprobanian1 i4 #aid4 ,schmidt1 ,ceylon1 p4 #bia sq4 7,tamils74 ,bergmann1 ,nomadische ,streifereien unter den ,kalmken1 iii4 #ahb sq4 ,abercromby1 ,pre- and ,proto-historic ,finns1 i4 #afj 7,ostiaks74 ,buch1 ',die ,wotjaken1' in ,acta ,soc4 ,scient4 ,fennic1 xii4 #eie sq4 ,castrn1 ,nordiska resor och forskningar1 iii4 #ajf1 #ajg1 #agd sq4 7,finnish tribes74 ,boas1 ',central ,eskimo1' in ,ann4 ,rep4 ,bur4 ,ethn4 vi4 #eia4 ,turner1 ibid4 xi4 #aic sq4 7,hudson ,bay ,eskimo71 #bgb 7,hudson ,bay ,indians74 ,hoffman1 ',menomini ,indians1' ibid4 xiv4 #fe4 ,mc,gee1 ',siouan ,indians1' ibid4 xv4 #agi2 ,parkman1 op4 cit4 p4 lxx2 ,dorman1 op4 cit4 p4 #bbg 7,north ,american ,indians74 ,mller1 ,geschichte der ,amerikanischen ,urreligionen1 pp4 #gb 7,north ,american ,indians71 #aga 7,indians of the ,great ,antilles74 ,couto de ,magalhes1 ,trabalho preparatorio para aproveitamento do selvagem no ,brazil--,o selvagem1 p4 #abh sqq4 ,tylor1 op4 cit4 ii4 #aii sqq4 ,footnote #ce3 ,schmidt1 ,ceylon1 p4 #bia sq4 7,tamils74 ,turner1 in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #aic sq4 7,hudson ,bay ,eskimo71 #bgb 7,hudson ,bay ,indians74 ,mc,gee1 ibid4 xv4 #agi2 ,mller1 op4 cit4 p4 #gb 7,north ,american ,indians74 ,footnote #cf3 ,for a singular exception to this rule see supra1 ii4 #fg sq4 ,on the other hand1 instances are not wanting in which savage gods are supposed to punish the transgression of rules relating to worldly morality4 ,occasionally1 as we have noticed above1 such gods are represented as avengers of some special kind of wrong-doing--murder1#cg theft1#ch niggardliness1#ci want of hospitality1#dj or lying4#da ,of certain ,negro tribes we are told that1 when a man is about to commit a crime1 or do that which his conscience tells him he ought not to do1 he lays aside his fetiche1 and covers up his deity1 that he may not be privy to the deed4#db ,the ,tonga ,islanders firmly believe that the gods approve of virtue1 and are displeased with vice2 that every man has his tutelar deity1 who will protect him as long as he conducts himself as he ought to do2 but1 if he does not1 will leave him to the approaches of misfortune1 disease1 and death4 4 4 4 ,all rewards for virtue or punishments for vice happen to men in this world only1 #fgj and come immediately from the gods4#dc ,the ,ainu of ,japan are heard to say1 ,we could not go contrary to the customs of our ancestors without bringing down upon us the wrath of the gods4#dd ,and of various savages we are told that they believe in the existence of a supreme being who is a moral lawgiver or judge4 ,footnote #cg3 ,supra1 i4 #cgh sq4 ,footnote #ch3 ,supra1 ii4 #ei sq4 ,footnote #ci3 ,supra1 i4 #efa sq4 ,footnote #dj3 ,supra1 i4 #egh4 ,footnote #da3 ,supra1 ii4 #aad sq4 ,footnote #db3 ,tuckey1 op4 cit4 p4 #cgg4 ,cf4 ,monrad1 ,skildring af ,guinea-,kysten1 p4 #bg1 n4 99 ,footnote #dc3 ,mariner1 ,natives of the ,tonga ,islands1 ii4 #adi1 #ajg4 ,footnote #dd3 ,batchelor1 ,ainu of ,japan1 p4 #bdc sq4 ,in ,australia1 especially in ,new ,south ,wales and ,victoria but also in other parts of the continent1 many of the native tribes have the notion of an ,all-father1 called ,baiame1 ,daramulun1 ,mungan-ngalla1 ,bunjil1 ,nurelli1 ,nurundere1 or by some other name4#de ,he is represented as an anthropomorphic1 supernatural being and as the father of the race or the maker of everything1 who at one time dwelt on the earth but afterwards ascended to a land beyond the sky1 where he still remains4 ,he is of a kindly disposition1 and requires no worship2 in a very few cases only we meet with some faint traces of a cult offered him4#df #fga ,he is frequently believed to have instituted the initiation ceremonies1#dg and to have given the people their laws4#dh ,thus ,nurundere is said to have taught the ,narrinyeri all the rites and ceremonies whether connected with life or death2 on inquiry why they adhere to any custom1 the reply is that ,nurundere commanded it4#di ,at the boorah1 or initiation1 of the ,euahlayi tribe1 ,byamee is proclaimed as ,father of ,all1 whose laws the tribes are now obeying2 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 intermarry4#ej ,bunjil taught the ,kulin the arts of life1 and told them to divide themselves into two intermarrying classes so as to prevent marriages between kindred4#ea ,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 time4#eb ,and in several instances the ,australian ,all-father is represented as a guardian of morality who punishes the wicked and rewards the good4 ,bunjil very frequently sent his sons to destroy bad men and bad women 4 4 4 who had killed and eaten blacks4#ec ,daramulun1 or ,tharamulun1 who from his residence in the sky watches the actions of men1 is very angry when they do things that they ought not to do1 as when they eat forbidden food4#ed ,the natives of the ,herbert ,river1 in ,queensland1 believe that anybody who takes a wife from the prohibited sub-class1 or who does not wear the morning necklace for the prescribed period1 or who eats forbidden food1 will sooner or later die in consequence1 since his behaviour is offensive to ,kohin1 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 meets4#ee ,most commonly1 however1 the retribution is said to come after death4 #fgb ,the tribes about ,maryborough1 in ,queensland1 maintain that the ghosts of those who are good or those who have a high degree of excellence in any particular line--fishing1 hunting1 fighting1 dancing1 and so forth--are directed by ,birral to an island in the ,far ,north1 where he resides4#ef ,among the ,cape ,river tribes1 when a ,blackfellow dies whose actions during life have been what they hold to be good1 he is said to ascend to ,boorala 7i4e41 to the ,creator1 literally 'good'71 where he lives much as he did on earth1 less the usual terrestrial discomforts2 whereas to the man who has led a bad life death is thought to be simple annihilation4#eg ,the ,kulin said that when they die they will be subjected to a sort of trial by ,binbeal1 the good being rewarded in a better land1 the bad driven away1 but where they seemed to have no idea4#eh ,according to another account1 again1 ,binbeal1 after he has subjected the spirits of the deceased to an ordeal of fire to try whether they are good or bad1 liberates the good at once1 whereas the bad are confined and punished4#ei ,the ,illawarra1 who lived from thirty to a hundred miles south of ,sidney1 believed that when people die they are brought up to a large tree where ,mirirul1 the supreme ruler1 examines and judges them4 ,the good he takes up to the sky1 the bad he sends to another place to be punished4 ,the women said to their children when they were naughty1 ,mirirul will not allow it4#fj ,among the ,wathiwathi1 in ,new ,south ,wales1 the belief prevails that if the spirit of a bad man escapes the traps which are set for it on its course in the sky1 it is sure to fall into the hell of fire4 ,the good spirit1 on the other hand1 is received by two old women who take care of it till it becomes accustomed to its new abode2 and after a time the great ,god1 ,tha-tha-puli1 comes with a host of spirits to see the newcomer and try his strength4#fa ,according to a report written by ,archdeacon ,gnther in #ahci1 ,baiame is supposed to like the blacks who are good2 and there is also an idea entertained by the more thoughtful that good natives will go to ,baiame when they die4#fb ,later authorities state that ,baiame is believed not only to reward the good after death1 but also to punish the wicked--that is1 persons who tell lies or kill men by striking them secretly or who are unkind towards the old and sick or1 generally1 who break his laws4#fc ,a very elaborate #fgc theory of retribution is communicated by ,mr4 ,manning1 whose notes date from #ahdd or #ahde4 ,boyma 7,baiame7 is said to be seated far away in the north-east on an immense throne made of transparent crystal and standing in a great lake4 ,he has a son1 ,grogoragally1 equal with him in omniscience1 who acts as mediator for the souls to the ,great ,god4 ,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 ,father1 who alone pronounces the judgment of eternal happiness in heaven or eternal misery in a hell of everlasting fire4 ,women and boys dying before the initiation1 however1 do not go to heaven2 the men have a vague idea that another world is reserved for them4 ,there is also a third person1 half human1 half divine1 called ,moodgeegally1 who makes ,boyma's will known to mankind and is the avowed enemy of all wicked people1 transmitting their misdeeds to ,grogoragally4#fd ,footnote #de3 ,henderson1 ,colonies of ,new ,south ,wales1 p4 #adg4 de ,strzelecki1 ,new ,south ,wales1 p4 #cci4 ,manning1 ',aborigines of ,new ,holland1' in ,jour4 and ,proceed4 ,roy4 ,soc4 ,n4,s4 ,wales1 xvi4 #aeg sqq4 ,ridley1 ,kmilari1 p4 #ace sqq4 ,cameron1 ',some ,tribes of ,new ,south ,wales1' in ,jour4 ,anthr4 ,inst4 xiv4 #cfd sq4 ,langloh ,parker1 ,euahlayi ,tribe1 p4 #d sqq4 ,threlkeld1 ,an ,australian ,language as spoken by the ,awabakal1 p4 #dg4 ,mathews1 ,aboriginal ,tribes of ,new ,south ,wales and ,victoria1 p4 #ach sqq4 ,mathew1 ,eagle-hawk and ,crow1 p4 #adf sqq4 ,fountain and ,ward1 ,rambles of an ,australian ,naturalist1 p4 #bif4 ,missions-,blatt aus der ,brdergemeine1 xvi4 #aja1 #adc2 ,parker1 ,aborigines of ,australia1 p4 #bd2 ,dawson1 ,australian ,aborigines1 p4 #di 7tribes in ,victoria74 ,brough ,smyth1 ,aborigines of ,victoria1 i4 #dbc sqq4 ,taplin1 ',narrinyeri1' in ,woods1 ,native ,tribes of ,south ,australia1 p4 #ee sqq4 ,howitt1 ,native ,tribes of ,south-,east ,australia1 p4 #dhi sqq4 ,spencer and ,gillen1 ,northern ,tribes of ,central ,australia1 p4 #dih sq4 7,kaitish74 ,strehlow1 quoted by ,thomas1 ',religious ,ideas of the ,arunta1' in ,folk-,lore1 xvi4 #dbi sq4 ,idem1 quoted by von ,leonhardi1 ',religise und totemistische ,vorstellungen der ,aranda und ,loritja in ,zentralaustralien1' in ,globus1 xci4 #bhf sq4 ,curr1 ,the ,australian ,race1 i4 #bec 7,larrakia72 ii4 #dfe1 #dge 7some ,cape ,river natives74 ,lang1 ,cooksland1 p4 #dei sq42 ,idem1 ,queensland1 p4 #cgi sq4 ,roth1 ,ethnol4 ,studies among the ,north-,west-,central ,queensland ,aborigines1 pp4 #af1 #aec4 #aeh4 ,salvado1 ,mmoires historiques sur l',australie1 p4 #beh 7natives of ,west ,australia74 ,footnote #df3 ,when the natives of ,cooksland1 in ,north-,eastern ,australia1 rob a wild bees' hive they generally leave a little of the honey for ,buddai1 the supernatural ancestor of their race 7,lang1 ,cooksland1 p4 #dfj2 ,idem1 ,queensland1 p4 #chj74 ,mrs4 ,langloh ,parker 7op4 cit4 pp4 #h1 #i1 #gi1 #hi7 was told that in the ,euahlayi tribe prayers are addressed to ,byamee at funerals for the souls of the dead1 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 law2 but they do not profess to pray or to have prayed to ,byamee on any other occasions 7cf4 ,manning1 loc4 cit4 p4 #afd74 ,the natives inhabiting the neighbourhood of ,lake ,boga in ,victoria have to placate ,pei-a-mei by dances 7,missions-,blatt aus der ,brdergemeine1 xvi4 #adc74 ,of the ,south-,eastern ,australian ,daramulun ,mr4 ,howitt says 7op4 cit4 p4 #ejg sq47 that1 although there is no worship of him1 the dances round the figure of clay and the invocating of his name by the medicine-men certainly might have led up to it4 ,footnote #dg3 ,manning1 loc4 cit4 p4 #afe2 ,ridley1 op4 cit4 pp4 #ada1 #aee2 ,langloh ,parker1 op4 cit4 p4 #g 7,boyma1 ,baiame1 ,byamee74 ,howitt1 op4 cit4 p4 #die 7,daramulun74 ,m',kinlay1 quoted ibid4 p4 #dif4 ,mr4 ,threlkeld says 7op4 cit4 p4 #dg7 that ,koin1 an imaginary male being who has the appearance of a black1 is supposed to precede the coming of the natives from distant parts when they assemble to celebrate certain of their ceremonies4 ,footnote #dh3 ,howitt1 op4 cit4 p4 #dhi 7,nurelli of the ,wiimbaio74 ,m',kinlay1 quoted ibid4 p4 #dif4 ,footnote #di3 ,taplin1 in ,woods1 op4 cit4 p4 #ee4 ,footnote #ej3 ,langloh ,parker1 op4 cit4 p4 #g sq4 ,footnote #ea3 ,howitt1 op4 cit4 p4 #dia4 ,footnote #eb3 ,ibid4 p4 #die4 ,footnote #ec3 ,brough ,smyth1 op4 cit4 i4 #dbc4 ,footnote #ed3 ,howitt1 op4 cit4 p4 #die4 ,footnote #ee3 ,ibid4 p4 #dii4 ,footnote #ef3 ,howitt1 op4 cit4 p4 #dih4 ,footnote #eg3 ,curr1 op4 cit4 ii4 #dge4 ,footnote #eh3 ,parker1 ,aborigines of ,australia1 p4 #bd4 ,footnote #ei3 ,ridley1 op4 cit4 p4 #acg4 ,footnote #fj3 ,ibid4 p4 #acg4 ,footnote #fa3 ,cameron1 in ,jour4 ,anthr4 ,inst4 xiv4 #cfd sq4 ,footnote #fb3 ,gnther1 quoted by ,thomas1 in ,man1 #aije1 p4 #ea4 ,footnote #fc3 ,ridley1 op4 cit4 pp4 #ace1 #acf1 #adj4 ,langloh ,parker1 op4 cit4 p4 #gj4 ,footnote #fd3 ,manning1 loc4 cit4 p4 #aei sqq4 ,it seems probable that these statements represent a mixture of ,christian ideas and genuine aboriginal beliefs4 ,there is reason to believe that the ,australian notion of an ,all-father is not in the first instance due to missionary influence2#fe we have records of it from a comparatively early date1 it is spread over a wide area1 it has been found among natives who live in a state of great isolation1 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 source4 ,he may very well be a mythical ancestor4 ,mr4 ,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 defence1 all-powerful in magic1 but generous and liberal to his people1 who does no injury or violence to any one1 yet treats with severity any breaches of custom or morality4#ff ,but he may also be a personification of supernatural force in general1 or a being who has been invented to account for all kinds of marvellous phenomena4 ,the word altjira1 by which the ,arunta call their great god1 is apparently not a proper name2 according to ,kempe1 it is applied to five gods1 whose names he gives1 as also to the sun1 moon1 and remarkable things generally4#fg ,and ,mulkari1 who figures in the beliefs of some ,queensland tribes1 is described not only as a benevolent1 omnipresent1 supernatural being1 but as anything incomprehensible1 as #fgd the supernatural power who makes everything which the blacks cannot otherwise account for4#fh ,on the other hand1 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 informants4#fi ,biblical traits are conspicuous in some of the legends4 ,bishop ,salvado tells us that1 according to ,west ,australian beliefs1 the ,creator1 ,motogon1 employa ces paroles3 ',terre1 parais dehors'3 et il souffla1 et la terre fut cre4 ',eau1 parais dehors'2 et il souffla1 et l'eau fut cre4#gj ,the believers in ,nourelle give the following account of the origin of death3--,the first created man and woman were told not to go near a certain tree in which a bat was living1 as the bat was not to be disturbed4 ,but one day the woman1 while gathering firewood1 went near the forbidden tree2 the bat flew away and after that came death4#ga ,and the same natives also believe that ,nourelle created a great serpent1 to which he gave power over all created things4#gb ,so also the doctrine of a hell with everlasting fire has almost certainly a foreign origin2 and in some other points the genuineness of the ,australian theories of retribution is at least open to doubt1 even though the function of a judge cannot be regarded as incompatible with the notion of a mythical headman in the sky4 ,messrs4 ,spencer and ,gillen observe that it would be a very easy matter indeed to form1 as the result of a general statement such as might be made by any individual native in reply to a question1 a perfectly wrong impression with regard to the native's idea as to the existence of anything like a supreme being inculcating moral rules4#gc ,of the ,central ,australian aborigines they say3--,any such idea as that of a future life of happiness or the reverse1 as a reward for meritorious or as a punishment for blameworthy conduct1 is quite foreign to them4 4 4 4 ,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 behaviour1 using the word moral in the native sense4#gd ,so far as the ,arunta are concerned1 this statement is confirmed by ,mr4 ,strehlow4 ,he writes that their god ,altjira1 who lives in the sky and shows himself to man in the lightning1 is a #fge good god who never inflicts any punishments on human beings4#ge ,footnote #fe3 ,see especially ,howitt1 op4 cit4 p4 #ejd sqq42 ,lang1 ,magic and ,religion1 p4 #be sqq42 ,thomas1 in ,man1 p4 #ej sqq42 von ,leonhardi1 in ,globus1 xci4 #bhg4 ,footnote #ff3 ,howitt1 op4 cit4 p4 #ejg4 ,see also ibid4 p4 #eja4 ,footnote #fg3 ,thomas1 in ,folk-,lore1 xvi4 #dca4 ,footnote #fh3 ,roth1 op4 cit4 pp4 #cf1 #aec4 ,footnote #fi3 ,mr4 ,j4 ,d4 ,lang 7,queensland1 p4 #cgi sq42 ,cooksland1 p4 #dei sq47 even suspects ,asiatic influence in the case of ,buddai1 or ,budjah1 the mythical ancestor of certain ,queensland aborigines4 ,not only does his name remind of ,buddha1 but a story told of him is remarkably similar to an ,eastern legend4 ,footnote #gj3 ,salvado1 op4 cit4 p4 #beh4 ,footnote #ga3 ,brough ,smyth1 op4 cit4 i4 #dbh4 ,footnote #gb3 ,ibid4 i4 #dbc4 ,footnote #gc3 ,spencer and ,gillen1 ,northern ,tribes of ,central ,australia1 p4 #dib sqq4 ,footnote #gd3 ,ibid4 p4 #dia4 ,footnote #ge3 ,strehlow1 quoted by ,thomas1 in ,folk-,lore1 xvi4 #dbi sq4 ,idem1 quoted by von ,leonhardi1 in ,globus1 xci4 #bhg4 ,from various ,polynesian and ,melanesian islands we hear of a supreme being--called ,io by the ,maoris1#gf ,tangaroa by the ,samoans1#gg ,taaroa by the ,society ,islanders1#gh and so forth#gi--who has made everything1 but who is too remote and indistinct to be an object of worship and takes no interest in the morals of men4 ,in some instances at least he seems to be a very shadowy deification of the forces of nature4 ,thus ,io is described as the great originator1 the ,all-,father1 who pervades space1 has no residence1 and cannot be localised2 and the conception of ,tangaroa is equally abstract4#hj ,mr4 ,guppy learned that the natives of ,treasury ,island and the ,shortlands1 in the ,solomon ,group1 believe in a ,good ,spirit who lives in a pleasant land1 whither all men who have led good lives go after death2 whereas all bad people are transported to the crater of ,bagana1 the burning volcano of ,bougainville1 which is the home of the ,evil ,spirit and his companion spirits4#ha ,but this belief savours too much of a ,christian hell to be accepted as genuine without further evidence4 ,footnote #gf3 ,gudgeon1 ',maori ,religion1' in ,jour4 ,polynesian ,soc4 xiv4 #ajh sq4 ,footnote #gg3 ,ibid4 p4 #ajh sq4 ,footnote #gh3 ,ellis1 ,polynesian ,researches1 i4 #cbc sqq4 ,footnote #gi3 ,tylor1 op4 cit4 ii4 #cdd sqq4 ,hoffmann1 ,la notion de l'tre suprme chez les peuples non civiliss1 p4 #gj sqq4 ,footnote #hj3 ,gudgeon1 in ,jour4 ,polynesian ,soc4 xiv4 #ajh4 ,footnote #ha3 ,guppy1 ,solomon ,islands1 p4 #ec4 ,the ,sea ,dyaks of ,borneo have a great good god called ,batara1 or ,petara1 who created the world and rules over it1 and is the cause of every blessing4 ,he is not susceptible to human influence1 and therefore receives no worship4 ,but he approves of industry1 honesty1 purity of speech1 and skill in word and work4 ,he punishes theft1 injustice1 disrespect for old persons1 and adultery2 and immorality among the unmarried is supposed to bring a plague of rain upon the earth as a punishment inflicted by ,petara4 ,in general1 says ,mr4 ,perham1 he is against man's sin2 but over and above moral offences many sins have been invented which are simply the infringement of pemate1 or tabu4#hb ,like many other great gods of savages1 ,petara is lacking in individuality4 ,he is at all events not now supposed to be one supreme god1 but the general belief is that there are many ,petaras--in fact as many ,petaras as men4 ,each man1 the people say1 has his own peculiar ,petara1 his own tutelary deity1 and if a #fgf person is miserable it is because his ,petara is miserable4#hc ,this account1 however1 loses much of its interest when we find that the name ,batara or ,petara has obviously been borrowed from ,sanscrit1 where the word bhat4t4ra means lord or master4#hd ,the great gods of some other peoples in the ,malay ,archipelago1 again1 have names which are derived from ,arabic--,lahatala1 ,latala1 or ,hatalla1 from ,allah ta7la4 ,hence when the ,alfura of ,bura are heard to say that their highest god1 ,opo-geba-snulat or ,lahatala1 writes down in a book the actions of men so as to be able to reward the virtuous and punish the wicked as they deserve1 there is every reason to think of influence from ,muhammedanism4#he ,footnote #hb3 ,perham1 ',petara1' in ,jour4 ,straits ,branch ,roy4 ,asiatic ,soc4 no4 #h1 p4 #adi sq4 ,st4 ,john1 ,life in the ,forests of the ,far ,east1 i4 #fi sq4 ,selenka1 op4 cit4 p4 #ig sqq4 ,footnote #hc3 ,perham1 in ,jour4 ,straits ,branch ,roy4 ,asiatic ,soc4 no4 #h1 p4 #acd sq4 ,footnote #hd3 ,ibid4 p4 #acc4 ,wilken1 ,het ,animisme1 p4 #afb4 ,footnote #he3 ,wilken1 op4 cit4 pp4 #afb1 #bdj sq4 ,the ,andaman ,islanders are reported to believe in a supreme being1 ,puluga1 who was never born and is immortal1 who has created the world and all its objects1 who is omniscient when it is day1 knowing even the thoughts of their hearts4 ,whilst pitiful to those in distress1 he is angered by the commission of certain sins--falsehood1 theft1 grave assault1 murder1 adultery1 and burning wax4 ,he is the judge from whom each soul receives its sentence after death4 ,the spirits of the departed are sent by him to a place comprising the whole area under the earth1 to await the resurrection4 ,the souls of the departed1 again1 pass either into paradise or to another place which might be described as purgatory1 a place of punishment for those who have been guilty of heinous sins1 such as murder4 ,at the resurrection the soul 7from which evil emanates7 and the spirit 7from which all good emanates7 will be reunited and will henceforth live permanently on the new earth1 since the souls of the wicked will then have been reformed by the punishments inflicted on them during their residence in the purgatory4#hf ,mr4 ,man1 who has given us this account1 thinks it is extremely improbable that the legends about ,puluga1 about the powers of good and evil1 and about a world beyond the grave1 are the result of the teaching of missionaries or others4#hg ,but his assumption that they are indigenous seems hardly justified by the very scanty knowledge we possess of the past history of these islanders4 ,considering their low state of culture1 the metaphysical subtlety in some of the notions recorded by ,mr4 ,man would certainly be more astonishing if ,india were not so near4 ,footnote #hf3 ,man1 ',aboriginal ,inhabitants of the ,andaman ,islands1' in ,jour4 ,anthr4 ,inst4 xii4 #aab1 #aeg1 #aeh1 #afa sq4 ,footnote #hg3 ,ibid4 p4 #aef4 #fgg;,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 kingdom4 ,he decides the future of each4 ,those who have performed meritorious works are sent to the regions of happiness above2 those who have done wickedness1 such as striking father or mother1 are delivered over to the king of hell who is in waiting2 whilst those who have neither performed deeds of merit nor are guilty of great crimes are allotted a place in ,hades4#hh ,at the same time the ,karens' ideas of a future state are described as confused1 indefinite1 and contradictory4 ,mr4 ,mason writes3--,they seem to be a melee of different systems4 ,that which appears to me indigenous ,karen 4 4 4 represents the future world as a counterpart of this1 located under the earth1 where the inhabitants are employed precisely as they are here4#hi ,the ,pahrias of the ,rjmahal ,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 years1 or to be cast into a pit of fire1 where the offender will suffer eternal punishment or be regenerated in the shape of a dog or a cat4 ,those who have led a good life1 on the other hand1 will be rewarded1 first by enjoying a short but happy residence with ,bedo ,gosain in heaven1 and subsequently by being born a second time on earth of women and being exalted to posts of great honour1 as also by possessing an abundance of worldly goods4#ij ,in these notions our chief informant1 ,lieutenant ,shaw1 sees traces of ,hinduism4#ia ,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 influence4 ,the ,munda ,kols in ,central ,bengal maintain that the good and almighty ,singbonga1 who lives in the sky and is connected with the sun1 has made everything4 ,being so far away he occupies himself very little with earthly matters1 and is only in exceptional cases an object of worship2 but he sees everything which happens1 and is said to punish theft and insincerity4#ib ,so also the ,kukis recognise a benevolent and all-powerful god #fgh and creator1 called ,puthn1 who is the judge of all mortals and awards punishments to the wicked both in this world and in the next4#ic ,footnote #hh3 ,mason1 in ,jour4 ,asiatic ,soc4 ,bengal1 xxxiv4 #aif4 ,footnote #hi3 ,ibid4 p4 #aie4 ,footnote #ij3 ,shaw1 ',inhabitants of the ,hills near ,rjamahall1' in ,asiatick ,researches1 iv4 #dh sqq4 ,sherwill1 ',tour through the ,rjmahal ,hills1' in ,jour4 ,asiatic ,soc4 ,bengal1 xx4 #eef4 ,footnote #ia3 ,shaw1 in ,asiatick ,researches1 iv4 #df4 ,footnote #ib3 ,jellinghaus1 ',sagen1 ,sitten und ,gebruche der ,munda-,kolhs in ,chota ,nagpore1' in ,zeitschr4 f4 ,ethnologie1 iii4 #ccj sq4 ,footnote #ic3 ,stewart1 ',northern ,cachar1' in ,jour4 ,asiatic ,soc4 ,bengal1 xxiv4 #fbh4 ,the ,ainu of ,japan believe in a great god or creator who bestows blessings upon the good and visits the bad with disease1 unless they repent4 ,they also say that good people go after death to the island of the ,great ,spirit1 or to the kingdom of ,god1 to lead a happy life2 whereas bad people go to the bad island1 or to the wet underground world1 in which they suffer discomfort or1 according to some1 are burned in everlasting fires4#id ,of the pagan ,samoyedes we are told that they regard the great ,num as the creator of the universe1 as an all-powerful and omniscient being1 who protects the innocent1 rewards the virtuous1 and punishes the wicked4#ie ,but the primitive ,num1 who was simply the sky1 was too far removed from the nomads who wandered across the frozen plain1 to interfere to prevent catastrophe or accomplish their well-being2 and in the provident actions and overseeing which some of the ,samoyedes now ascribe to him1 we can clearly enough trace the influence of the missionary and the suggestion of the ,christian faith4#if ,footnote #id3 von ,siebold1 ,die ,aino auf der ,insel ,yesso1 p4 #bd4 ,batchelor1 ,ainu of ,japan1 pp4 #aii1 #bce sqq4 ,howard1 ,life with ,trans-,siberian ,savages1 p4 #aic4 ,footnote #ie3 ,castrn1 op4 cit4 iii4 #ad4 ,footnote #if3 ,jackson1 in ,jour4 ,anthr4 ,inst4 xxiv4 #cih4 ,see also ,castrn1 op4 cit4 iii4 #ad-af1 #ahb sqq4 ,dr4 ,rink asserts that the ,greenlanders considered ,tornarsuk as the supreme being on whom they were dependent for any supernatural aid1 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 death4#ig ,dr4 ,nansen1 however1 is of opinion that ,tornarsuk owes a great deal to missionary influence4#ih ,that he was not so superior a being as is commonly stated is evident from ,captain ,holm's description of the ,angmagsaliks in ,eastern ,greenland1 where he is represented as a monster living in the sea1 of about the same length as a big seal1 but thicker4#ii ,and to judge from ,egede's description dating from the earlier part of the eighteenth century1 ,tornarsuk's notions of justice1 if he had any1 must in olden times have been very limited1 as he took to his subterranean paradise only women that died in labour and men that perished at sea4#ajj ,footnote #ig3 ,rink1 ,greenland1 p4 #ada4 ,footnote #ih3 ,nansen1 ,eskimo ,life1 p4 #bdb4 ,footnote #ii3 ,holm1 ',ethnologisk ,skizze af ,angmagsalikerne1' in ,meddelelser om ,grnland1 x4 #aae4 ,footnote #ajj3 ,egede1 ,description of ,greenland1 p4 #aig4 #fgi ,the ,great ,spirit so often referred to in accounts of ,north ,american ,indians1 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 worship4 ,schoolcraft asserts that in their oral traditions there is no attempt to make man accountable to him1 here or hereafter1 for aberrations from virtue1 good will1 truth1 or any form of moral right4 ,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 affairs1 but1 on the contrary1 leaves it to be filled1 and its affairs1 in reality1 governed1 by demons and fiends in human form4#aja ,yet there are instances in which he is represented in a different light4 ,the most essential moral precepts of the ,iroquois were taught as the will of the ,great ,spirit1 and obedience to their requirements as acceptable in his sight2#ajb but whilst highly gratified with their virtues1 he detested their vices1 and punished them for their bad conduct not only in this world but in a future state of existence4#ajc ,the ,potawatomis considered that rape was visited by the anger of the ,great ,spirit4#ajd ,ti-ra'-wa1 the supreme being of the ,pawnees1 applauds valour1 abhors theft1 and punishes the wicked by annihilation1 whilst the good dwell with him in his heavenly home4#aje ,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 briars1 with no hunting and no wives1 whereas those who neither rob nor kill nor take other men's wives will occupy a very fertile country and live there a happy life4#ajf ,keating states that1 according to the beliefs of the ,dacotahs1 men go to the residence of the ,great ,spirit if they have been good and peaceable1 or if they died by the hand of their enemy1 but that their souls are doomed to the residence of the ,evil ,spirit if they perish in a broil with their own countrymen4#ajg ,this statement1 however1 is not supported by other authorities4 ,prescott writes of the same ,indians3--,they have very little notion of punishment for crime hereafter in eternity3 indeed1 they know very little about whether the ,great ,spirit has anything to do with their affairs1 present or future4#ajh #fhj ,and among the ,omaha and ,ponka1 who are branches of the same people1 the old men used to say to their fellow tribesmen1 ,if you are good1 you will go to the good ghosts2 if you are bad you will go to the bad ghosts4 ,but nothing was ever said of going to dwell with ,wakanda1 or with demons4#aji ,as regards the origin of the ,north ,american notion of the ,great ,spirit different opinions have been expressed4 ,on the one hand we are told that it is essentially only the ,indian's conception of the white man's god1 which belongs not to the untutored but to the tutored mind of the savage4#aaj ,on the other hand it is argued that the belief in the ,great ,spirit must be a native product1 since it is reported to have occurred already before the arrival of the earliest ,jesuit missionaries4#aaa ,unfortunately1 however1 we cannot be sure that our informants have accurately interpreted the beliefs of the ,indians4 ,mr4 ,dorsey has pointed out that a fruitful source of error has been a misunderstanding of their terms and phrases4#aab ,the ,dacotah word wakanda1 which has been rendered into ,great ,spirit1 simply means mystery1 or mysterious1 and signifies rather a quality than a definite entity4 ,among many tribes the sun is wakanda1 among the same tribes the moon is wakanda1 and so are thunder1 lightning1 the stars1 the winds1 as also various animals1 trees1 and inanimate objects or places of a striking character2 even a man1 especially a medicine-man1 may be considered wakanda4#aac ,so1 too1 the ,menomini term mash' ma' nido1 or great unknown1 is not to be understood as implying a belief in one supreme being2 there are several manidos1 each supreme in his own realm1 as well as many lesser mysteries1 or deities1 or spirits4#aad ,mr4 ,dorsey also observes that in many cases ,indians have been quick to adopt the phrases of civilisation in communicating with white people1 whilst in speaking to one another they use their own terms4#aae ,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 #fha statements imply4 ,it may be that among the ,north ,american ,indians also1 as among some other peoples1 a vague conception of something like a supreme being has arisen through a personification of the mysteries in nature4#aaf ,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 influence4 ,it is certainly not an original characteristic of his nature4 ,among the ,iroquois and ,pawnees1 who attribute to their great god the function of a moral judge1 he also receives offerings--#aag a circumstance which indicates that he cannot be regarded as a typical representative of his class4 ,footnote #aja3 ,schoolcraft1 op4 cit4 i4 #ce4 ,footnote #ajb3 ,morgan1 ,league of the ,iroquois1 p4 #agb4 ,footnote #ajc3 ,seaver1 ,narrative of the ,life of ,mrs4 ,jemison1 p4 #aee4 ,footnote #ajd3 ,keating1 ,expedition to the ,source of ,st4 ,peter's ,river1 i4 #abg4 ,footnote #aje3 ,grinnell1 ,pawnee ,hero ,stories1 p4 #cee4 ,lang1 ,making of ,religion1 p4 #beg4 ,footnote #ajf3 ,bossu1 ,travels through ,louisiana1 i4 #bef sq4 ,footnote #ajg3 ,keating1 op4 cit4 i4 #cic sq4 ,footnote #ajh3 ,schoolcraft1 op4 cit4 ii4 #aie4 ,cf4 ibid4 iii4 #bbi4 ,footnote #aji3 ,dorsey1 ',siouan ,cults1' in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #dai4 ,footnote #aaj3 ,smith1 ',myths of the ,iroquois1' in ,ann4 ,rep4 ,bur4 ,ethn4 ii4 #aab4 ,tylor1 ',limits of ,savage ,religion1' in ,jour4 ,anthr4 ,inst4 xxi4 #bhd4 ,boyle1 ',paganism of the ,civilised ,iroquois1' ibid4 xxx4 #bff4 ,footnote #aaa3 ,lang1 ,making of ,religion1 p4 #bea sqq4 ,idem1 ,magic and ,religion1 p4 #ai sqq4 ,hoffmann1 op4 cit4 p4 #hf sq4 ,footnote #aab3 ,dorsey1 in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #cfe sq4 ,footnote #aac3 ,ibid4 p4 #cff4 ,mc,gee1 in ,ann4 ,rep4 ,bur4 ,ethn4 xv4 #aha sqq4 ,cf4 ,james1 ,expedition to the ,rocky ,mountains1 i4 #bfh2 ,tylor1 op4 cit4 ii4 #cdc4 ,footnote #aad3 ,hoffman1 ',menomini ,indians1' in ,ann4 ,rep4 ,bur4 ,ethn4 xiv4 #ci1 n4 #a4 ,cf4 ,parkman1 ,jesuits in ,north ,america1 p4 lxxix4 ,footnote #aae3 ,dorsey1 in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #cfe4 ,see also ,smith1 ibid4 ii4 #aab4 ,footnote #aaf3 ,the ,great ,spirit is represented by ,schoolcraft 7op4 cit4 i4 #ae7 as a ,soul of the ,universe which inhabits and animates every thing1 and is supposed to exist under every possible form in the world1 animate and inanimate4 ,of ,ti-ra'-wa it is said that he is in and of everything 7supra1 i4 #ddh74 ,footnote #aag3 ,seaver1 op4 cit4 p4 #aee4 ,supra i4 #ddh4 ,in ,south ,america1 too1 several tribes have been found to believe in a benevolent ,great ,spirit1 who is indifferent to men's behaviour and is not worshipped by them4#aah ,of the ,passs1 however1 we are told by a ,portuguese official who travelled in ,brazil in #aggd-ge 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 spirits4#aai ,but according to ,mr4 ,bates these notions are so far in advance of the ideas of all other tribes of ,indians 4 4 4 that we must suppose them to have been derived by the docile ,passs from some early missionary or traveller4#abj ,of the ,fuegians1 again1 ,admiral ,fitzroy writes3--,a great black man is supposed to be always wandering about the woods and mountains1 who is certain of knowing every word and every action2 who cannot be escaped1 and who influences the weather according to men's conduct4 ,of this influence our informant gives the following instance4 ,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 bird4 ,afterwards he was very sorry for what he had done1 particularly when it began to blow hard4 ,in telling the story1 the brother said3--,rain come down--snow come down--hail come down--wind blow--blow--very much blow4 ,very bad to kill man4 ,big man in woods no like it1 he very angry4 ,the same native also reproached the surgeon #fhb of the ,beagle for shooting some young ducks with the old bird3--,very bad to shoot little duck--come wind--come rain--blow--very much blow4#aba ,in the latter case1 however1 no mention was made of the black man in the woods4 ,from ,admiral ,fitzroy's account ,mr4 ,andrew ,lang draws the conclusion that the ,fuegians have evolved the idea of a high deity1 an ethical judge1 who makes for righteousness1 who searches the heart1 who almost literally marks the sparrow's fall1 and whose morality is so much above the ordinary savage standard that he regards the slaying of a stranger and an enemy1 caught redhanded in robbery1 as a sin4#abb ,this statement may serve as a specimen of the spirit in which its author deals with the subject of supreme beings in savage beliefs4 ,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 man1 who also lives in the woods1 is killed4 ,mr4 ,bridges1 our most trustworthy authority on the ,fuegians1 says nothing of the black man1 but states that nearly all the old men among the ,fuegians are medicine-men1 and that these wizards make frequent incantations in which they seem to address themselves to a mysterious being called ,aapakal4 ,and they also believe in another spirit1 named ,hoakils1 from whom they pretend to obtain a supernatural power over life and death4#abc ,footnote #aah3 ,bernau1 ,missionary ,labours in ,british ,guiana1 p4 #di4 ,hoffmann1 op4 cit4 p4 #ij sqq4 ,footnote #aai3 ,ribeiro de ,sampaio1 ,diario da viagem1 p4 #gi4 ,footnote #abj3 ,bates1 ,the ,naturalist on the ,river ,amazons1 ii4 #bdd4 ,cf4 ibid4 ii4 #afb2 ,dobrizhofter1 ,account of the ,abipones1 ii4 #eg sq42 ,mller1 ,geschichte der ,amerikanischen ,urreligionen1 p4 #bhi4 ,footnote #aba3 ,king and ,fitzroy1 ,voyages of the ,adventure and ,beagle1 ii4 #ahj4 ,footnote #abb3 ,lang1 ,making of ,religion1 pp4 #ahh1 #aih4 ,the same description of the ,fuegian black man is repeated by ,m4 ,hoffmann 7op4 cit4 p4 #dj74 ,footnote #abc3 ,bridges1 quoted by ,hyades and ,deniker1 ,mission scientifique du ,cap ,horn1 vii4 #bef4 ,the ,south ,african ,bushmans1 another very backward people1 are likewise represented by ,mr4 ,lang and ,m4 ,hoffmann as believers in a supreme being4#abd ,a native said to ,mr4 ,orpen that ,cagn made all things1 and that the people prayed to him3--,o ,cagn6 ,o ,cagn6 are we not your children1 do you not see our hunger8 ,give us food4 ,and he gave them what they asked for both hands full4 ,but although he was at first very good and nice1 he afterwards got spoilt through fighting so many things4#abe ,however1 according to another statement1 made by a person who from childhood had much intercourse with ,bushmans and knew their language1 they did not believe in a ,god or the great father of men1 but in a devil who made everything with his left hand4#abf ,the ,hottentots spoke of ,tsui-goab as the giver of all blessings1 the ,father on high1 ,all-father1 the #fhc avenger1 who fought daily the battle for his people4 ,they thus identified him with the ancestor of the tribe1 but ,tsui-goab was also the name by which they called the ,infinite4#abg ,among the pagans of ,africa there is1 in fact1 a very widespread belief in a benevolent supreme deity1 a creator or maker of things1 who lives in or above the sky1 who generally takes no concern whatever in the affairs of mankind1 who mostly receives no worship1 and is1 as a rule1 totally indifferent to good or evil4#abh ,in some rare instances only he is described as a judge of human conduct4 ,thus some of the ,bechuanas believe that a being who is vaguely called by the name of ,lord and ,master of things1 ,mongalinto1 punishes thieves by striking them with the lightning4#abi ,according to an old writer1 ,father ,santos1 the natives of ,sofala in ,south-,eastern ,africa acknowledge a god1 called ,molungo1 who both in this and the world to come they fancy measures retribution for the good and evil done in this4 ,they believe in the existence of twenty-seven paradises1 where everyone enjoys a pleasure proportionate to the merits of his life2 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 ,molungo1 and to suffer torments in one of the thirteen hells they assume to exist1 each according to the evil he has done4#acj ,the ,baluba1 a ,bantu people of ,equatorial ,africa1 have the notion of a creator1 named ,fidi-,mukullu1 who punishes the souls of the wicked before they are reborn on earth1 whereas the good return to life again1 in the shape of chiefs or other important persons1 immediately after they have died4#aca ,the ,awemba1 #fhd another ,bantu people1 who inhabit the stretch of country lying between ,lake ,tanganyika and ,lake ,bangweolo1 acknowledge a supreme being1 ,leza1 who is the ,judge of the dead1 and condemns thieves1 adulterers and murderers to the state of ,vibanda1 or ,viwa 7evil spirits71 exalting the good to the rank of mipashi1 or benevolent spirits4#acb ,other natives in the neighbourhood of ,lake ,tanganyika recognise a creator called ,kabesa1 who lives in the sky and admits to his abode the souls of good people after death1 but turns away the souls of the wicked4#acc ,the ,akikuyu of ,british ,east ,africa recognise three gods all of whom are called ,ngai4 ,one of them1 however1 is considered the supreme deity4 ,if a man is good this ,ngai can give him much property4 ,if he does wrong the same power can strike him down with disease and cause his livestock to dwindle away4 4 4 4 ,the sudden death of a man1 for instance by lightning1 is ascribed to some evil act of his life being punished by ,ngai4#acd ,proyart tells us that the ,negroes of ,loango believed in a supreme being1 ,zambi1 who had created all that is good in the world1 who was himself good and loved justice in others1 and who severely punished fraud and perjury4#ace ,it is of course impossible to say exactly how far the statements referring to ,african supreme beings represent unadulterated native beliefs4 ,in criticising ,kolb's account of the supreme and perfect god of the ,hottentots1 ,bishop ,callaway observes1 ,nothing is more easy than to enquire of heathen savages the character of their creed1 and during the conversation to impart to them 4 4 4 ideas which they never heard before1 and presently to have these come back again as articles of their own original faith1 when in reality they are but the echoes of one's own thoughts4#acf ,with reference to the ,west ,african native ,miss ,kingsley likewise remarks that he has a wonderful power of assimilating foreign forms of belief1 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 away4#acg ,and besides the teaching of missionaries there are in ,africa several factors which for centuries have tended to introduce foreign conceptions1 namely1 intercourse with ,european settlers1 the operations of the slave trade1 and the influence of ,muhammedanism4#ach ,but at the same #fhe time it seems exceedingly probable that the ,african belief in a supreme being has a native substratum4 ,in many cases he is apparently the heaven god2#aci but he may also be a mythical ancestor1 as the ,hottentot god ,tsui-goab and the ,zulu god ,unkulunkulu2 or a personification of the supernatural1 as is suggested by such names as the ,masai ,ng7ai1 the ,monbuttu ,kilima1 and the ,malagasy ,andriamanitra2#adj or the assumed cause of anything which particularly fills the savage mind with wonder or awe4 ,among the natives of ,northern ,guinea1 according to ,mr4 ,wilson1 every thing which transpires in the natural world beyond the power of man1 or of spirits1 who are supposed to occupy a place somewhat higher than man1 is at once and spontaneously ascribed to the agency of ,god4#ada ,nay1 for reasons which will be stated immediately1 ,i am even of opinion that the function of a moral judge1 occasionally attributed to the great god of ,african pagans1 has in some instances an independent origin4 ,footnote #abd3 ,lang1 ,making of ,religion1 p4 #baj4 ,hoffmann1 op4 cit4 p4 #dj sq4 ,footnote #abe3 ,orpen1 ',glimpse into the ,mythology of the ,maluti ,bushmen1' in ,the ,cape ,monthly ,magazine1 ,n4,s4 ix4 #b4 ,footnote #abf3 ,campbell1 ,second ,journey in the ,interior of ,south ,africa1 i4 #bi4 ,footnote #abg3 ,hahn1 ,the ,supreme ,being of the ,khoi-,khoi1 pp4 #abb1 #abf sq4 ,footnote #abh3 ,livingstone1 ,missionary ,travels1 p4 #fda 7tribes of the ,zambesi74 ,rattray1 ,stories and ,songs in ,chinyanja1 p4 #aih 7natives of ,central ,angoniland74 ,stigand1 ',natives of ,nyassaland1' in ,jour4 ,roy4 ,anthr4 ,inst4 xxxvii4 #acj4 ,roscoe1 ',bahima1' ibid4 xxxvii4 #ajh sq4 ,wilson and ,felkin1 ,uganda1 i4 #bjf4 ,beltrame1 ,il ,fiume ,bianco e i ,dnka1 pp4 #aia1 #aib1 #bgf sq4 ,kingsley1 ',fetish ,view of the ,human ,soul1' in ,folk-,lore1 viii4 #adb sq42 ,idem1 ,travels in ,west ,africa1 pp4 #ddb1 #ejh4 ,parkinson1 ',asaba ,people of the ,niger1' in ,jour4 ,anthr4 ,inst4 xxxvi4 #cab4 ,bosman1 ,description of the ,coast of ,guinea1 pp4 #aba sq4 7,gold ,coast natives71 #cdh 7,slave ,coast natives74 ,cruickshank1 ,eighteen ,years on the ,gold ,coast1 ii4 #abf sq4 ,ellis1 ,tshi-speaking ,peoples of the ,gold ,coast1 p4 #bf sqq4 ,idem1 ,e7we-speaking ,peoples of the ,slave ,coast1 p4 #cc sq4 ,winterbottom1 ,native ,africans in the ,neighbourhood of ,sierra ,leone1 i4 #bbb4 ,wilson1 ,western ,africa1 p4 #bji 7natives of ,northern ,guinea74 ,rowley1 ,religion of the ,africans1 pp4 #ae1 #af1 #ed4 ,tylor1 op4 cit4 ii4 #cdg sqq4 ,lang1 ,making of ,religion1 p4 #bcj sqq4 ,hoffmann1 op4 cit4 p4 #de sqq4 ,footnote #abi3 ,arbousset and ,daumas1 ,exploratory ,tour to the ,north-,east of the ,colony of ,good ,hope1 p4 #cbb sq4 ,footnote #acj3 ,santos1 ',history of ,eastern ,ethiopia1' in ,pinkerton1 ,collection of ,voyages and ,travels1 xvi4 #fhg4 ,footnote #aca3 ,wissmann1 ,wolf1 c41 ,im ,innern ,afrikas1 p4 #aeh4 ,wissmann1 ,quer durch ,afrika1 p4 #cgi4 ,footnote #acb3 ,sheane1 ',awemba ,religion1' in ,jour4 ,anthr4 ,inst4 xxxvi4 #aej sq4 ,footnote #acc3 ,schneider1 ,die ,religion der afrikanischen ,naturvlker1 p4 #hd4 ,footnote #acd3 ,tate1 ',kikuyu ,tribe1' in ,jour4 ,anthr4 ,inst4 xxxiv4 #bfc4 ,footnote #ace3 ,proyart1 ',history of ,loango1' in ,pinkerton1 ,collection of ,voyages and ,travels1 xvi4 #eid4 ,footnote #acf3 ,callaway1 ,religious ,system of the ,amazulu1 p4 #aje sq4 ,footnote #acg3 ,kingsley1 in ,folk-,lore1 viii4 #aej4 ,footnote #ach3 ,cf4 ,rowley1 ,religion of the ,africans1 pp4 #bh1 #ij2 ,wilson1 ,western ,africa1 p4 #bbi sq42 ,cruickshank1 op4 cit4 ii4 #abf4 ,footnote #aci3 ,see ,tylor1 op4 cit4 ii4 #cdg sqq4 ,footnote #adj3 ,see supra1 ii4 #ehf sq4 ,footnote #ada3 ,wilson1 op4 cit4 p4 #bji4 ,see also ,livingstone1 ,expedition to the ,zambesi1 p4 #eba sq41 quoted supra1 ii4 #eid4 ,generally speaking1 then1 it seems that the ,all-father1 supreme being1 or high god of savage belief may be traced to several different sources4 ,when not a loan-god of foreign extraction1 he may be a mythical ancestor or headman2 or a deification of the sky or some large and remote object of nature1 like the sun2 or a personification or personified cause of the mysteries or forces of nature4 ,the argument that the belief in such a being is irreducible because it prevails among savages who worship neither ancestors nor nature1#adb can carry no weight in consideration of the fact that he himself1 as a general rule1 is no object of worship4 ,in various instances we have reason to suppose that even though the notion of a supreme being is fundamentally of native origin1 foreign conceptions have been engrafted upon it2 and to these belongs in particular the idea of a heavenly judge who in the after-life punishes the wicked and rewards the good4 ,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 #fhf from people of a higher culture4 ,a mythical ancestor or headman may of his own accord approve of virtue and disapprove of vice2 and1 besides1 justice readily becomes the attribute of a god who is habitually appealed to in curses or oaths4 ,that the supreme being of savages is thus invoked1 is in some cases directly stated by our authorities4 ,in making solemn treatises1 the ,hurons called on ,oki1 the heaven god4#adc ,the ,negroes of ,loango1 who believed that ,zambi1 the supreme being1 punished fraud and perjury1 took his name in testimony of the truth4#add ,among the ,awemba the supreme god ,leza1 who is believed to reward the good and to punish thieves1 adulterers1 and murderers1 is invoked both in blessings and curses1 the injured man praying that ,leza will send a lion to devour the evildoer4#ade ,in the ,e7we-speaking ,ho tribe on the ,slave ,coast the great god ,mawu1 who is said to inflict punishment on the wicked1 is frequently appealed to in law-cases1 by the judge as well as by the plaintiff and the accused4#adf ,in ,northern ,guinea the name of the supreme being is solemnly called on three times at the ratification of an important treaty1 or when a person is condemned to undergo the red-water ordeal4#adg ,of the ,mpongwe we are told that when a covenant is about to be formed among the different tribes1 ,mwetyi the supreme being is always invoked as a witness1 and is commissioned with the duty of visiting vengeance upon the party who shall violate the engagement4 ,without this their national treaties would have little or no force4 ,when a law is passed which the people wish to be especially binding1 they invoke the vengeance of ,mwetyi upon every transgressor1 and this1 as a general thing1 is ample guarantee for its observance4#adh ,among the ,east ,african ,wakamba1 when the supposed criminal is to undergo the ordeal of the hatchet1 a magician makes him repeat the following words3--,if ,i have stolen the property of so and so1 or committed this crime1 let #fhg ,mulungu respond for me2 but if ,i have not stolen1 nor done this wickedness1 may he save me4 ,the magician then passes the red-hot iron four times over the flat hand of the accused2 and the people believe that if he is guilty1 his hand will be burned1 but that1 if innocent1 he will suffer no injury4#adi ,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 milk1 has first to swear1 ,o ,god1 ,i drink this blood1 if ,i have stolen the cattle this blood will kill me4 ,should he not die within a fortnight he is considered innocent4#aej ,the ,madi of ,central ,africa have various means of trial by ordeal1 through which it is believed that the guilt of a suspected individual can be detected2 and before any of these trials the men look up and solemnly invoke some invisible being to punish him if guilty1 or help him if innocent4#aea ,of the natives of the ,zambesi1 all of whom have an idea of a supreme being1 ,livingstone states that1 when undergoing an ordeal1 they hold up their hands to the ,ruler of ,heaven1 as if appealing to him to assert their innocence4#aeb ,footnote #adb3 ,lang1 ,magic and ,religion1 p4 #db4 ,hoffmann1 op4 cit4 pp4 #abb1 #abf1 #aca4 ,footnote #adc3 ,tylor1 op4 cit4 ii4 #cdb4 ,footnote #add3 ,proyart1 loc4 cit4 p4 #eid4 ,footnote #ade3 ,sheane1 in ,jour4 ,anthr4 ,inst4 xxxvi4 #aea4 ,footnote #adf3 ,spieth1 ,die ,e7we-,stmme1 p4 #dae4 ,footnote #adg3 ,wilson1 ,western ,africa1 p4 #baj4 ,footnote #adh3 ,ibid4 p4 #cib4 ,footnote #adi3 ,krapf1 ,travels in ,eastern ,africa1 p4 #agc4 ,footnote #aej3 ,marker1 ,die ,masai1 p4 #baa4 ,footnote #aea3 ,felkin1 ',notes on the ,madi1' in ,proceed4 ,roy4 ,soc4 ,edinburgh1 xii4 #ccd4 ,footnote #aeb3 ,livingstone1 ,missionary ,travels1 p4 #fda sq4 ,it has often been said that the oath and ordeal involve a belief in the gods as vindicators of truth and justice1 that they are appeals to the moral nature of the ,divinity4#aec ,if this were true1 moral retribution would certainly be an exceedingly common function of savage gods4 ,but1 as we have noticed before1#aed the efficacy ascribed to an oath is originally of a magic character1 and if it contains an appeal to a god he is1 according to primitive notions1 a mere tool in the hand of the person invoking him4 ,so also the ordeal is essentially a magical ceremony4 ,in many cases at least1 it contains a curse or an oath which has reference to the guilt or innocence of a suspected person1 and the #fhh proper object of the ordeal is then to give reality to the imprecation for the purpose of establishing the validity or invalidity of the suspicion4 ,footnote #aec3 ,tiele1 ,elements of the ,science of ,religion1 i4 #hf4 ,rville1 ,les religions des peuples non-civiliss1 i4 #ajc4 ,brinton1 ,religions of ,primitive ,peoples1 p4 #bbe4 ,schneider1 ,religion der afrikanischen ,naturvlker1 p4 #bee4 ,hodgson1 ,miscellaneous ,essays1 i4 #abf4 ,dahn1 ,bausteine1 ii4 #ba1 #bd4 ,gummere1 ,germanic ,origins1 p4 #ahc4 ,footnote #aed3 ,supra1 ii4 #aah sqq4 ,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 curse4#aee ,in the ,calabar the accused person1 before swallowing the ju-ju drink mbiam1 which is made of filth and blood1 recites an oath beginning with the words1 ,if ,i have been guilty of this crime1 and ending with the words1 ,then1 ,mbiam1 ,thou deal with me6 ,and whenever this ordeal is used the greatest care is taken that the oath shall be recited in full4#aef ,of the ,negroes of the ,gold ,coast ,bosman states that if any person is suspected of thievery1 and the indictment is not clearly made out1 he is obliged to clear himself by drinking the oath-draught1 and to use the imprecation1 that the ,fetiche may kill him if he be guilty of thievery4#aeg ,in ,ashantee1 when any one denies a theft1 an aggry bead is placed in a small vessel1 with some water1 the person holding it puts his right foot against the right foot of the accused1 who invokes the power of the bead to kill him if he is guilty1 and then takes it into his mouth with a little of the water4#aeh ,among the ,negroes of ,northern ,guinea1 in the case of the red-water ordeal1 the accused invokes the name of ,god three times1 and imprecates his wrath in case he is guilty of the particular crime laid to his charge4 ,he then steps forward and drinks freely of the red water--that is1 a decoction made from the inner bark of a tree of the mimosa family4 ,if it nauseates and makes him vomit freely1 he is at once pronounced innocent1 whereas1 if it causes vertigo and he loses self-control1 it is regarded as evidence of guilt4#aei ,according to an old account1 the ,negroes of ,sierra ,leone have a water of cursing1 boiled of barks and herbs4 ,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 person1 muttering over it these words3--,is he guilty of this1 or hath he done this or that2 if yea1 then let it scald or burn him1 till the very skin come off4 ,if the person remains unhurt they hold him innocent1 and proceed to #fhi the trial of another1 till the guilty is discovered4#afj ,among the ,wadshagga of ,eastern ,africa the medicine-man gives to the accused a poisonous draught with the words1 ,if you fall down1 you have committed the crime and told a lie1 if you remain standing we recognise that you have spoken the truth4#afa ,footnote #aee3 ,see1 besides the references below1 ,monrad1 ,skildring af ,guinea-,kysten1 p4 #ce sq4 7,negroes of ,accra72 ,beecham1 ,ashantee1 p4 #bae sqq42 ,ratzel1 op4 cit4 iii4 #acj4 ,footnote #aef3 ,kingsley1 ,travels in ,west ,africa1 p4 #dfe4 ,footnote #aeg3 ,bosman1 op4 cit4 p4 #abe4 ,footnote #aeh3 ,bowdich1 ,mission to ,ashantee1 p4 #bfg4 ,footnote #aei3 ,wilson1 ,western ,africa1 p4 #bbe sq4 ,footnote #afj3 ,dapper1 ,africa1 p4 #dje4 ,footnote #afa3 ,volkens1 ,der ,kilimandscharo1 p4 #bdi4 ,among the ,hawaiians1 in the ordeal called wai haalulu1 prayer was offered by the priest while a large dish of water was placed before the culprit1 who was required to hold his hands over the fluid2 and if it shook1 his fate was sealed4#afb ,among the ,tinguianes in the district of ,el ,abra in ,luzon1 if a man is accused of a crime and denies it1 the headman of the village1 who is also the judge1 causes a handful of straw to be burned in his presence4 ,the accused then holds up an earthern pot and says1 ,may my belly be changed to a pot like this if ,i am guilty of the crime of which ,i am accused4 ,if he remains unchanged in body1 the judge declares him innocent4#afc ,the following ordeal is in use among the ,tunguses of ,siberia4 ,a fire is made and a scaffold erected near the hut of the accused4 ,a dog's throat is then cut and the blood received in a vessel4 ,the body is put on the wood of the fire1 but in such a position that it does not burn4 ,the accused passes over the fire1 and drinks two mouthfuls of the blood1 the rest whereof is thrown into the fire2 and the body of the dog is placed on the scaffold4 ,then the accused says3--,as the dog's blood burns in the fire1 so may what ,i have drunk burn in my body2 and as the dog put on the scaffold will be consumed1 so may ,i be consumed at the same time if ,i be guilty4#afd ,footnote #afb3 ,jarves1 ,history of the ,hawaiian ,islands1 p4 #bj4 ,footnote #afc3 ,lala1 ,philippine ,islands1 p4 #ajj4 ,footnote #afd3 ,hartland1 ,legend of ,perseus1 ii4 #he sq4 ,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 rot4#afe ,in ,india the ordeal was expressly regarded as a form of the oath1 the same word1 s4apatha1 being used to denote both4#aff ,we have seen above that in the ,middle ,ages every judicial combat was necessarily preceded by an oath1 which essentially decided the issue of the fight and the question of guilt4#afg ,so also at the moment when the hot iron was raised and the accused took #fij it into his hand1 the ,deity was invoked to manifest the truth4#afh ,the ordeal of the ,eucharist involved the following formula recited by the victim3--,et si aliter est quam dixi et juravi1 tunc hoc ,domini nostri ,jesu ,christi corpus non pertranseat gutur meum1 sed hreat in faucibus meis1 strangulet me suffocet me ac interficiat me statim in momento4#afi ,footnote #afe3 ,numbers1 v4 #bj sqq4 ,footnote #aff3 ,jolly1 ',beitrge zur indischen ,rechtsgeschichte1' in ,zeitschr4 d4 ,deutschen ,morgenlndischen ,gesellsch4 xliv4 #cdf4 ,oldenberg1 ,die ,religion des ,veda1 p4 #eaj1 n4 #a4 ,see also ,patetta1 ,le ordalie1 p4 #ad4 ,footnote #afg3 ,supra1 i4 #eje4 ,footnote #afh3 ,beames1 in his ,translation of ,glanville1 p4 #cea sq4 ,footnote #afi3 ,dahn1 op4 cit4 ii4 #af4 ,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 ceremonies4 ,this is all the more likely to be the case as magical practices often imply imprecations which are not formally expressed4#agj ,but there may also be ordeals which have a different origin4 ,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 depths2#aga 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 approach1 and especially by his polluted touch1 the soul was excited to an instant manifestation of its indignation1 by appearing in the form in which it was supposed to subsist1 viz4 in that of blood4#agb ,however1 even though all ordeals have not the same foundation1 it seems highly improbable that any people1 in the first instance1 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 justice4 ,footnote #agj3 ,see1 for instance1 ,westermarck1 ',l-7r1 or the ,transference of ,conditional ,curses in ,morocco1' in ,anthropological ,essays presented to ,e4 ,b4 ,tylor1 p4 #cfa sqq4 ,footnote #aga3 ,binsfeldius1 ,tractatus de confessionibus maleficorum et sagarum1 p4 #cae4 ,in the ,north-,east of ,scotland it was believed that1 if a person committed suicide by drowning1 the body did not sink1 but floated on the surface 7,gregor1 ,folk-,lore of the ,north-,east of ,scotland1 p4 #bjh74 ,footnote #agb3 ,pitcairn1 ,criminal ,trials in ,scotland1 iii4 #ahg4 ,nor must we make any inference as to the moral character of gods from the mere prevalence of a belief in #fia a future world where men are in some way or other punished or rewarded for their conduct during their life4 ,such a belief is said to be fairly common among uncivilised races2#agc and1 although in several cases it is undoubtedly due to ,christian or other foreign influence1#agd ,i agree with ,dr4 ,steinmetz that we are not entitled to #fib assume that it is so in all4#age ,it seems that the savage mind may by itself1 in various ways1 come to the idea of some kind of moral retribution after death4 ,first1 the condition of the dead man is often supposed to depend upon the attentions bestowed on him by the survivors4 ,mr4 ,turner was told that1 in the belief of the ,st4 ,augustine ,islanders in ,polynesia1 the souls of the departed if good went to a land of brightness and clear weather in the heavens1 but if bad were sent to mud and darkness2 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 feast1 and that badness meant that his stingy friends had provided nothing at all4#agf ,although ,mr4 ,turner sees no moral distinction in these terms1 there may be one nevertheless4 ,speaking of the ,efatese1 in the ,new ,hebrides1 ,mr4 ,macdonald observes3--,a man's condition in the future would be1 to some extent1 happy or miserable according to his life here4 ,supposing he were a worthless fellow1 very scanty worship would be rendered to him at his death and few animals slain to accompany him to the spirit world2 and thus he would occupy an inferior position there corresponding to his social worthlessness here4 ,this belief1 our informant adds1 has undoubtedly great influence in making men strive to live so as to obtain the good opinion of their fellows1 and leave an honourable memory behind them at death4#agg ,the ,bushmans1 who maintain that the dead will ultimately go to a land abounding in excellent food1 put a spear by the side of a departed friend in order that1 when he arises1 he may have something to defend himself with and procure a living2 but1 if they hate the person1 they deposit no spear1 so that on his resurrection he may either be murdered or starved4#agh ,the dead may also have to suffer from the curses of those whom they injured while alive4 ,at ,motlav1 in the #fic ,banks ,islands1 relatives watch the grave of a man whose life was bad1 lest some man wronged by him should come at night and beat with a stone upon the grave1 cursing him4#agi ,at ,gaua1 in the same group1 when a great man died his friends would not make it known1 lest those whom he had oppressed should come and spit at him after his death1 or govgov him1 stand bickering at him with crooked fingers and drawing in the lips1 by way of curse4#ahj ,the ,maoris were careful to prevent the bones of their dead relatives from falling into the hands of their enemies1 who would dreadfully desecrate and ill-use them1 with many bitter jeers and curses4#aha ,a person may1 moreover1 himself during his lifetime directly provide for his comfort in the life to come1 and if the act by which he does so is apt to call forth approval its result is easily interpreted as its reward4 ,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 slaves2#ahb and this belief probably accounts for their opinion that nothing more certainly ensures future happiness than destroying a number of enemies4#ahc ,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 life4 ,hence the souls of bad people are supposed to reappear in the shape of obnoxious animals#ahd or become evil spirits1#ahe and this may lead to the notion that they have to do so as a punishment for their wickedness4#ahf ,and as the revengeful feelings of men likewise are believed to last beyond death1 offenders may in the #fid other world have to suffer from the hands of those whom they injured in this4#ahg ,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 slave4#ahh ,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 injured4#ahi ,in ,aurora1 in the ,new ,hebrides1 the belief prevails that the ghosts of those whom a man has wronged in this world take a full revenge upon him after death4#aij ,according to the ,banks ,islanders1 if a person has killed a good man without cause1 the good man's ghost withstands his murderer1 when the latter after death wants to enter into ,panoi1 the good place2 but if one man has killed another in fair fight he will not be withstood by the person whom he slew4#aia ,and not only the offended party but the other dead as well may1 from dislike or fear1 be anxious to refuse the souls of bad people admittance to their company4 ,in the belief of the ,pentecost ,islanders1 when the soul of a murdered man comes to the land of ghosts with the instrument of death upon him1 he tells who killed him1 and when the murderer arrives the ghostly people will not receive him1 but he has to stay apart with other murderers4#aib ,the ,iroquois allot separate villages even to the souls of those who have died in war and of those who have committed suicide1 because the other dead are afraid of their presence4#aic ,among the ,negroes of ,northern ,guinea1 according to ,mr4 ,wilson1 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 deeds2#aid and if a person's body is buried apart1 his soul will naturally remain equally isolated4#aie ,that the frequent idea of the bad being separated #fie from the good after death is largely due to the assumed unwillingness of the latter to associate with dangerous or disreputable souls1 seems probable from the fact that1 in the beliefs of the lower races1 paradise generally plays a much more prominent part than hell1 the lot of the wicked being to suffer want rather than to be subjected to torments4#aif ,but1 finally1 it must also be remembered that the other world is a creation of men's fancy1 and may therefore be formed in accordance with their hopes and wishes4 ,beyond the gloom of death they imagine a paradise where life is much happier than here on earth4#aig ,why1 then1 might not their moral feelings1 only too often ungratified in the reality of the present1 occasionally seek satisfaction in the dreams of the future8 ,footnote #agc3 ,thomson1 ,savage ,island1 p4 #id4 ,percy ,smith1 ',futuna1' in ,jour4 ,polynesian ,soc4 i4 #ci4 ,seemann1 ,viti1 p4 #djj2 ,williams and ,calvert1 ,fiji1 p4 #bjh4 ,codrington1 ,melanesians1 p4 #bgd sq4 7,banks' ,islanders74 ,inglis1 ,new ,hebrides1 p4 #ca2 ,turner1 ,samoa1 p4 #cbf 7people of ,aneiteum74 ,campbell1 ,a ,year in the ,new ,hebrides1 p4 #afi 7people of ,tana74 ,schwaner1 ,borneo1 i4 #ahc 7natives of the ,barito district74 ,selenka1 op4 cit4 pp4 #hh1 #id1 #aab 7,dyaks74 von ,brenner1 op4 cit4 p4 #bdj 7,bataks of ,sumatra71 de ,mas1 ,informe sobre el estado de las ,islas ,filipinas1 ',orijen1 c4' p4 #ad4 ,best1 ',prehistoric ,civilisation in the ,philippines1' in ,jour4 ,polynesian ,soc4 i4 #bjj 7,tagalo-,bisaya tribes74 ,worcester1 ,philippine ,islands1 p4 #aaj 7,tagbanuas of ,palawan74 ,smeaton1 ,loyal ,karens of ,burma1 p4 #ahf sq4 ,anderson1 ,mandalay to ,momien1 p4 #adf 7,kakhyens74 ,lewin1 ,wild ,races of ,south-,eastern ,india1 p4 #bdc sq4 7,pankhos and ,bunjogees74 ,hunter1 ,rural ,bengal1 i4 #baj 7,santals74 ,macrae1 ',account of the ,kookies1' in ,asiatick ,researches1 vii4 #aie2 ,butler1 ,travels in ,assam1 p4 #hh 7,kukis74 ,stewart1 ',notes on ,northern ,cachar1' in ,jour4 ,asiatic ,soc4 ,bengal1 xxiv4 #fbj 7,old ,kukis71 #fcb 7,nagas74 ,macpherson1 ,memorials of ,service in ,india1 p4 #ib sqq4 7,kandhs74 ,thurston1 ',todas of the ,nilgiris1' in the ,madras ,government ,museum's ,bulletin1 i4 #aff sq4 ,breeks1 ,tribes and ,monuments of the ,nilagiris1 p4 #bh 7,todas and ,badagas74 ,radloff1 op4 cit4 p4 #aa sq4 7,turkish tribes of the ,altai74 ,georgi1 ,russia1 i4 #ajf 7,chuvashes74 ,cranz1 ,history of ,greenland1 i4 #ahf4 ,hall1 ,arctic ,researches among the ,esquimaux1 p4 #ega sq4 ,lyon1 ,private ,journal1 p4 #cgb sqq4 7,eskimo of ,igloolik74 ,boas1 ',central ,eskimo1' in ,ann4 ,rep4 ,bur4 ,ethn4 vi4 #eij4 ,nelson1 ',eskimo about ,bering ,strait1' ibid4 xviii4 #dbc4 ,douglas1 quoted by ,petroff1 ,report on ,alaska1 p4 #agg 7,thlinkets74 ,harrison1 ',religion and ,family among the ,haidas1' in ,jour4 ,anthr4 ,inst4 xxi4 #ag sqq4 ,duncan1 quoted by ,mayne1 ,four ,years in ,british ,columbia1 p4 #bic sq4 7,coast ,indians of ,british ,columbia74 ,mackenzie1 ,voyages to the ,frozen and ,pacific ,oceans1 p4 cxix4 7,chippewyans74 ,morgan1 ,league of the ,iroquois1 p4 #afh sqq4 ,harmon1 ,journal of ,voyages in the ,interior of ,north ,america1 p4 #cfd sq4 7,indians on the ,east side of the ,rocky ,mountains74 ,keating1 op4 cit4 i4 #aaj sq4 7,potawatomis72 ii4 #aeh sq4 7,chippewas74 ,say1 quoted by ,dorsey1 ',siouan ,cults1' in ,ann4 ,rep4 ,bur4 ,ethn4 xi4 #dbb 7,kansas74 ,stevenson1 ',sia1' ibid4 xi4 #ade sq4 ,bartram1 in ,trans4 ,american ,ethn4 ,soc4 iii4 pt4 i4 #bg 7,creek and ,cherokee ,indians74 ,powers1 ,tribes of ,california1 pp4 #cd1 #eh1 #ei1 #ia1 #aaj1 #add1 #aee1 #afa4 ,buchanan1 ,north ,american ,indians1 p4 #bce sqq42 ,heriot1 ,travels through the ,canadas1 pp4 #cfb1 #ecf2 ,catlin1 ,north ,american ,indians1 i4 #aef1 and ii4 #bdc2 ,domenech1 ,great ,deserts of ,north ,america1 ii4 #chj 7various ,indian tribes of ,north ,america71 von ,martius1 ,beitrge zur ,ethnographie ,amerika's1 i4 #bdg 7,guats74 von den ,steinen1 ,unter den ,naturvlkern ,zentral-,brasiliens1 p4 #dce 7,paressi74 de ,azara1 ,voyages dans l',amrique mridionale1 ii4 #ach 7,payagus74 ,bosman1 op4 cit4 p4 #dbd 7people of ,benin74 ,wilson1 ,western ,africa1 p4 #bag 7,negroes of ,northern ,guinea74 ,reade1 ,savage ,africa1 p4 #eci 7,ibos74 ,mungo ,park1 ,travels in the ,interior of ,africa1 p4 #bej 7,mandingoes74 ,tylor1 op4 cit4 ii4 #hc sqq4 ,marillier1 ,la survivance de l'me et l'ide de justice chez les peuples non civiliss1 p4 #cc sqq4 ,steinmetz1 ,ethnologische ,studien zur ersten ,entwicklung der ,strafe1 ii4 #cfh sqq4 ,footnote #agd3 ,cf4 ,tylor1 op4 cit4 ii4 #hd1 #ia sqq42 ,marillier1 loc4 cit4 p4 #cb sq4 ,footnote #age3 ,steinmetz1 ,studien1 ii4 #cff sqq4 ,idem1 ',continuitt oder ,lohn und ,strafe im ,jenseits der ,wilden1' in ,archiv f4 ,anthropologie1 xxiv4 #egg sqq4 ,footnote #agf3 ,turner1 ,samoa1 p4 #bib sq4 ,footnote #agg3 ,macdonald1 ,oceania1 p4 #bji4 ,footnote #agh3 ,campbell1 ,second ,journey in the ,interior of ,south ,africa1 i4 #bi4 ,footnote #agi3 ,codrington1 op4 cit4 p4 #bfi4 ,footnote #ahj3 ,ibid4 p4 #bfi4 ,footnote #aha3 ,colenso1 ,maori ,races1 p4 #bh4 ,footnote #ahb3 ,dalton1 ,ethnology of ,bengal1 p4 #df4 ,footnote #ahc3 ,macrae1 ',account of the ,kookies1' in ,asiatick ,researches1 vii4 #aie4 ,footnote #ahd3 ,hill and ,thornton1 ,aborigines of ,new ,south ,wales1 p4 #d4 ,ratzel1 op4 cit4 i4 #cag 7,solomon ,islanders74 ,junghuhn1 ,die ,battalnder auf ,sumatra1 ii4 #cch 7natives of ,bali and ,lombok74 ,cross1 quoted by ,mac ,mahon1 ,far ,cathay and ,farther ,india1 p4 #bjc 7,karens74 ,waitz1 ,anthropologie der ,naturvlker1 ii4 #dai 7,maravi74 ,southey1 ,history of ,brazil1 iii4 #cib 7,guaycurus74 ,powers1 ,tribes of ,california1 pp4 #add 7,tatu71 #aee 7,kato ,pomo74 ,footnote #ahe3 ,bailey1 ',wild ,tribes of the ,veddahs1' in ,trans4 ,ethn4 ,soc4 ,n4,s4 ii4 #cjb1 n4 double dagger 7,sinhalese71 von den ,steinen1 ,unter den ,naturvlkern ,zentral-,brasiliens1 p4 #cdi 7,bakari74 ,footnote #ahf3 ,see ,steinmetz1 ,studien1 ii4 #cgf2 ,idem1 in ,archiv fr ,anthropologie1 xxiv4 #fjc sq4 ,footnote #ahg3 ,cf4 ,marillier1 loc4 cit4 p4 #dd sq4 ,footnote #ahh3 ,fytche1 ,burma1 i4 #ced4 ,footnote #ahi3 ,keating1 op4 cit4 ii4 #aeh sq4 ,footnote #aij3 ,codrington1 op4 cit4 p4 #bgi sq4 ,footnote #aia3 ,ibid4 p4 #bgd4 ,footnote #aib3 ,ibid4 p4 #bhh4 ,footnote #aic3 ,brebeuf1 ',relation de ce qui s'est pass dans le pays des ,hurons1' in ,relations des ,jsuites1 #afcf1 p4 #ajd sq4 ,hewitt1 ',the ,iroquoian ,concept of the ,soul1' in ,jour4 of ,american ,folk-,lore1 viii4 #aji4 ,footnote #aid3 ,wilson1 ,western ,africa1 p4 #baj4 ,footnote #aie3 ,see supra1 ii4 #bcf sqq4 ,footnote #aif3 ,this is especially the case among the ,indians of ,north ,america 7cf4 ,brinton1 ,myths of the ,new ,world1 p4 #bdb sq42 ,dorman1 op4 cit4 p4 #cc2 ,steinmetz1 in ,archiv f4 ,anthrop4 xxiv4 #eia74 ,see also ,codrington1 op4 cit4 p4 #bgd sq4 7,banks' ,islanders74 ,footnote #aig3 ,dove1 ',aborigines of ,tasmania4' in ,tasmanian ,jour4 ,natural ,science1 i4 #bec4 ,polack1 ,manners and ,customs 7of the ,new ,zealanders1 i4 #bed2 ,dieffenbach1 ,travels in ,new ,zealand1 ii4 #aah4 ,percy ,smith1 ',futuna1' in ,jour4 ,polynesian ,soc4 i4 #ci4 ,batchelor1 ,ainu of ,japan1 p4 #bbe4 ,steller1 op4 cit4 p4 #bfi 7,kamchadales74 ,cranz1 op4 cit4 i4 #ahf 7,greenlanders74 ,robertson1 ,history of ,america1 ii4 #bjb4 ,arbousset and ,daumas1 op4 cit4 p4 #cdc 7,bechuanas74 ,the belief in a moral retribution after death may thus originate in various ways1 quite independently of any notion of a god who acts as a judge of human conduct4 ,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 being4 ,and when1 as is sometimes the case1 the fate of the dead is supposed to depend upon the will of a high god1 the notions held about the other world1 and especially about the place reserved for the wicked1 in several instances suggest influence from a more advanced religion4 ,but on the other hand it is not an idea which seems incompatible with genuine savage thought that1 in cases where the souls of men are believed to go to live with gods1 the latter select their companions and1 like the human inhabitants of the other world1 refuse admittance to undesirable individuals4 ,religious ideas have no doubt already at the savage #fif stage begun to influence the moral consciousness even in points which have no direct bearing upon the personal interests of gods2 but this influence is not known to have been so great as it has often been represented to be4 ,i can find no solid foundation for the statements made by recent writers1 that the historical beginning of all morality is to be found in religion2#aih that even in the earliest period of human history religion and morality are necessary correlates of each other2#aii that all moral commandments originally have the character of religious commandments2#bjj that in ancient society all morality--as morality was then understood--was consecrated and enforced by religious motives and sanctions2#bja that the clan-god was the guardian of the tribal morality4#bjb ,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 man1 than by the belief in the free activity of gods4 ,footnote #aih3 ,pfleiderer1 ,philosophy and ,development of ,religion1 iv4 #bcj4 ,footnote #aii3 ,caird1 ,evolution of ,religion1 i4 #bcg4 ,footnote #bjj3 ,wundt1 ,ethik1 p4 #ii4 ,footnote #bja3 ,robertson ,smith1 ,religion of the ,semites1 p4 #bfg4 ,cf4 ibid4 p4 #ec4 ,footnote #bjb3 ,jevons1 ,introduction to the ,history of ,religion1 pp4 #aab4 #agg4 ,,chapter ,,li ,,gods ,,as ,,guardians ,,of ,,morality 7continued7 ,,from the gods of savage races we shall now pass to consider the attitudes of more civilised gods towards matters of worldly morality4 ,the deities of ancient ,mexico were generally clothed with terror1 and delighted in vengeance and human sacrifices4 ,but there was also the god ,quetzalcoatl1 generous of gifts1 mild and gentle1 and so averse from such sacrifices that he shut his ears with both hands when they were mentioned4#a ,the god ,tezcatlipoca1 again1 was looked upon as the austere guardian of law and morals2 but1 as ,sir ,e4 ,b4 ,tylor observes1 the remarkable ,aztec formulas collected by ,sahagun1 in which this deity is so prominent a figure1 show traces of ,christian admixture in their material1 as well as of ,christian influence in their style4#b ,it seems that the ,mexicans had reached no fixed or systematic conclusions as to the relation of the moral to the religious life4#c ,they held that departed souls attained different degrees of felicity or of wretchedness according to their different modes of death4 ,warriors who died on the battle-field or in the hands of the enemy's priests1 and merchants who died on their journey1 went to the house of the sun2 those who were killed by lightning1 who were drowned1 #fih or who died from some incurable disease went to a terrestrial paradise2 and those who died of old age or any ordinary disease went to a land of darkness and desolation1 where they after a time sunk in a sleep which knew no waking4#d ,footnote #a3 ,brinton1 ,myths of the ,new ,world1 p4 #bid sq4 ,bancroft1 ,native ,races of the ,pacific ,states1 iii4 #bei4 ,footnote #b3 ,tylor1 ,primitive ,culture1 ii4 #cdd4 ,footnote #c3 ,rville1 ,hibbert ,lectures on the ,native ,religions of ,mexico and ,peru1 p4 #ajd sq4 ,footnote #d3 ,bancroft1 op4 cit4 iii4 #ecb sqq4 ,clavigero1 ,history of ,mexico1 i4 #bdb sq4 ,among the ancient ,peruvians morality obtained a religious sanction through the divinity ascribed to their rulers4 ,they considered every mere order of the king to be a divine decree1 says ,garcilasso de la ,vega2 how much more would they venerate the special laws instituted for the common good4 ,they said that the sun had ordered these laws to be made1 and had revealed them to his child the ,ynca2 and hence a man who broke them was held to be guilty of sacrilege4#e ,according to the beliefs of the higher classes the ,incas were after death transported to the mansion of the ,sun1 their father1 where they still lived together as his family4 ,the nobles would either follow them there or would live beneath the earth under the sceptre of ,supay1 the god of the dead4 ,there was no idea of positive suffering inflicted on the wicked under his direction1 but the subterranean abode was gloomy and dismal4 ,exceptional considerations of birth1 rank1 or valour in war determined the passage of chosen souls to heaven1 where their lot would be far happier than that of the souls who remained in the regions below4 ,the common people1 on the other hand1 thought of the future life as a continuation1 pure and simple1 of the present existence4#f ,footnote #e3 ,garcilasso de la ,vega1 ,royal ,commentaries of the ,yncas1 i4 #adh4 ,footnote #f3 ,rville1 op4 cit4 p4 #bcf sqq4 ,the great gods of ancient ,egypt were mostly conceived as friendly beings4#g ,amon ,r1 the king of the gods1 was1 in his character of the sun god1 the creator1 preserver1 and supporter of all living things4 ,he it is who makes pasture for the herds and fruit trees for men1 on his account the ,nile comes and mankind lives4 ,he is verily #fii of kindly heart3 when men call to him he delivers the fearful from the insolent4 ,he is the vizier of the poor1 who takes no bribes1 and who does not corrupt witnesses2 and to him officials pray for promotion4#h ,thoth1 the moon god1 was also the god of all wisdom and learning1 who gave men speech and writing1 who discovered the written characters1 and by his arithmetic enabled gods and men to keep account of their possessions4#i ,osiris ruled over the whole of ,egypt as king1 and instructed its inhabitants in all that was good--in agriculture as well as in the true religion--and gave them laws4#aj ,after a long and blessed reign1 however1 he fell a prey to the machinations of his brother ,set1 and1 having been slain1 was constrained to descend into the ,underworld1 where he evermore lived and reigned as judge and king of the dead4 ,but the wicked god ,set was also an object of worship2 for he was strong and mighty1 a terror to gods and men1 and kings were anxious to secure his favour4#aa ,we have noticed above that certain ,egyptian gods were believed to be guardians of truth2#ab and closely connected with this function was their love of justice4 ,thoth1 who was called to witness by him who wished to give assurance of his honesty and good faith1#ac was styled the judge in heaven2#ad while his wife ,maa1 or ,maat1 was the goddess of both truth and justice1 and her priests were the supreme judges4#ae ,but it seems that the ,egyptian gods after all chiefly took notice of such acts as concerned their own wellbeing4 #gjj ,this is true even of ,osiris1 the great god1 the lord of justice1#af in whose presence the judgment of the dead was given which decided upon their admission into his kingdom4 ,in thousands upon thousands of funerary inscriptions we read words like these3--,may a royal offering be given to ,osiris1 that he may grant all manner of good things1 food and drink to the soul of the deceased4#ag ,and whilst the living paid him his dues in sacrifices repeated from year to year at regular intervals1 the dead were not allowed to receive directly the sepulchral meals or offerings of kindred on feast-days1 but all that was addressed to them must first pass through the hands of the god4#ah ,in the ,negative ,confession1 which the worshippers of ,osiris taught to their dead1 great importance was attached to religious offences1 such as to snare the birds of the gods1 to catch the fish in their lakes1 to injure the herds in the temple domains1 to diminish the food in the temples1 to revile the god4 ,at the same time the list of offences which excluded the dead from ,osiris' kingdom contained very many of a social character--murder1 oppression1 stealing1 robbing minors1 fraud1 lying1 slander1 reviling1 adultery4#ai ,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 good1 as1 rather1 that he did not like to have any rascals among his vassals4 ,as to the fate of the non-justified dead very little is said1 and the punishment devised for them seems to have been a comparatively modern invention4#bj ,nay1 the virtuous dead themselves depended for their welfare #gja upon their knowledge of magic words and formulas1 upon amulets laid in their tombs1 and upon the offerings made to them by their kindred4 ,ignorant souls1 or those ill prepared for the struggle1 were overcome by hunger and thirst1 were attacked by demons and poisonous animals in traversing the regions of the ,underworld1 and1 when in ,osiris' kingdom1 had to work and till the land and earn their own living if the offerings ceased4#ba ,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 gods2 and the ,negative ,confession is a later addition1 which shows that originally the conduct of earthly life was not considered at all4#bb ,so also in the book of ,am ,dat the whole doctrine of a future life is based upon a belief in the power of magic1 with the single exception that nobody can look forward to possessing fields in ,dat who in life has been an enemy of the god ,r4#bc ,footnote #g3 ,on ,egyptian gods as guardians of morality see1 generally1 ,gardiner1 ',egyptian ,ethics and ,morality1' in ,hastings1 ,encyclopdia of ,religion and ,ethics1 v4 #dgi sq4 ,footnote #h3 ,erman1 ,handbook of ,egyptian ,religion1 pp4 #eh-fj1 #hc4 ,wiedemann1 ,religion of the ,ancient ,egyptians1 p4 #aad4 ,footnote #i3 ,erman1 op4 cit4 p4 #aa4 ,maspero1 ,dawn of ,civilization1 p4 #bbj4 ,footnote #aj3 ,erman1 op4 cit4 p4 #cb4 ,idem1 ,life in ,ancient ,egypt1 p4 #bgj4 ,maspero1 op4 cit4 p4 #agd4 ,plutarch1 ,de ,iside et ,osiride1 #ac4 ,diodorus ,siculus1 ,bibliotheca historica1 i4 #ad1 #ae1 #be4 ,kaibel1 ,epigrammata ,grca1 p4 xxi4 ,footnote #aa3 ,it is probable that ,set originally was the divine protector of the kings of ,upper ,egypt1 while ,osiris' son ,horus1 who defeated him1 was the protector of the kings of ,lower ,egypt 7,erman1 ,egyptian ,religion1 p4 #ai sq474 ,footnote #ab3 ,supra1 ii4 #aae4 ,footnote #ac3 ,supra1 ii4 #aba4 ,footnote #ad3 ,erman1 ,egyptian ,religion1 p4 #aa4 ,footnote #ae3 ,supra1 ii4 #aae4 ,wiedemann1 op4 cit4 p4 #adb4 ,amlineau1 ,l'volution des ides morales dans l'gypte ancienne1 pp4 #ahb1 #ahg4 ,erman1 ,egyptian ,religion1 p4 #ba4 ,footnote #af3 ,erman1 ,egyptian ,religion1 p4 #aja4 ,footnote #ag3 ,wiedemann1 op4 cit4 p4 #bag4 ,footnote #ah3 ,maspero1 op4 cit4 p4 #aag4 ,footnote #ai3 ,erman1 ,egyptian ,religion1 p4 #ajc sqq4 ,footnote #bj3 ,wiedemann1 op4 cit4 p4 #ie sq4 ,idem1 ,egyptian ,doctrine of the ,immortality of the ,soul1 p4 #ee4 ,erman1 ,egyptian ,religion1 p4 #aje4 ,in the ,pyramid texts we read that1 if among the deceased there is one of whom it can be said1 ,there is no evil which he hath done1 the saying penetrates to the sun god1 and he receives him kindly in heaven4 ,the deceased also profits with regard to his reception there if he has never spoken evil of the king nor slighted the gods4 ,but1 as a rule1 it is rather bodily cleanliness which the gods demand of their new companion in heaven1 and they themselves help to purify him 7,erman1 p4 #id74 ,footnote #ba3 ,erman1 ,life in ,ancient ,egypt1 p4 #cae sqq4 ,idem1 ,egyptian ,religion1 p4 #ii sq4 ,maspero1 op4 cit4 p4 #ahe sq4 ,idem1 tudes de mythologie et d'archologie gyptiennes1 i4 #cdg4 ,wiedemann1 ,religion of the ,ancient ,egyptians1 pp4 #bgi1 #bif4 ,idem1 ,egyptian ,doctrine of the ,immortality of the ,soul1 p4 #fj sq4 ,footnote #bb3 ,maspero1 tudes1 i4 #cdh4 ,amlineau1 op4 cit4 p4 #bdc4 ,renouf1 in ,book of the ,dead1 p4 #bbj4 ,erman1 ,egyptian ,religion1 p4 #aja4 ,footnote #bc3 ,wiedemann1 ,religion of the ,ancient ,egyptians1 p4 #id sq4 ,maspero1 tudes1 ii4 #afc4 ,the religion of the ,chaldeans was a religion of dread4 ,everywhere they felt themselves surrounded by hostile demons2 feared above all were the seven evil spirits1 who were everywhere and yet invisible1 who slipped through bolts and doorposts and sockets1 and who had power even to bewitch the gods4#bd ,in their incessant warfare against these fiends men were assisted by the more propitious among the deities3 by ,marduk1 the merciful god1 the god of the youthful sun of spring and early morning2#be #gjb by ,ea1 the good god1 the god of the waters of the deep and the source of wisdom2#bf by ,gibil-,nusku1 the lord of fire1 who put to flight the demons of night when the fire was kindled on the household hearth1 and who in the flame carried to the other gods the sacrifices offered them2#bg as also by the tutelary deities of each individual1 household1 and city4#bh ,the gods were on the whole favourably disposed towards man4 ,but they helped only those who piously observed the prescribed rites1 who recited the conventional prayers and offered them sacrifices2 on such persons they bestowed a happy old age and a numerous posterity4 ,on the other hand1 he who did not fear his god would be cut down like a reed2 and by neglecting the slightest ceremonial detail the king excited the anger of the deities against himself and his subjects4#bi ,during the whole of their lives the ,chaldeans were haunted by the dread of offending their gods1 and they continually implored pardon for their sins4#cj ,but the sinner became conscious of his guilt only as a conclusion drawn from the fact that he was suffering from some misfortune1 which he interpreted as a punishment sent by an offended god4 ,it mattered little what had called forth the wrath of the god or whether the deity was acting in accordance with just ideas2#ca and in none of the penitential psalms known to us is there any indication that the notion of sin comprised offences against fellow men4 ,it is true that in the incantation series ',shurpu' not only offences against gods and ceremonial transgressions1 but a large number of wrongs of a social character1 are included in the list of possible causes of the suffering which the incantation is intended to remove4 ,on behalf of the afflicted individual the exorciser asks3--,has he sinned against a god1 ,is his #gjc guilt against a goddess1 ,is it a wrongful deed against his master1 ,hatred towards his elder brother1 ,has he despised father or mother1 ,insulted his elder sister1 ,has he given too little1#cb ,has he withheld too much1 ,for 'no' said 'yes1' ,for 'yes' said 'no'8 4 4 4 ,has he fixed a false boundary1 ,not fixed a just boundary1 ,has he removed a boundary1 a limit1 or a territory1 ,has he possessed himself of his neighbour's house1 ,has he approached his neighbour's wife1 ,has he shed the blood of his neighbour1 ,robbed his neighbour's dress8 and so forth4#cc ,but ,i fail to see any legitimate ground for the conclusion which ,schrader and ,zimmern have drawn from these passages1 to wit1 that the gods were believed to be angry with persons guilty of any of the offences enumerated4#cd ,it seems to me quite obvious that the evils which were hypothetically associated with injuries inflicted upon fellow men were ascribed1 not to the avenging activity of a god1 but to the curses of the injured party4 ,the gods are expressly invoked to relieve the unhappy individual from the curses under which he is suffering1 whether he has been cursed by his father1 mother1 elder brother1 elder sister1 friend1 master1 king1 or god1 or has approached an accursed person1 or slept in such a person's bed1 or sat on his chair1 or eaten from his dish or drunk from his cup4#ce ,in these incantations there is no plea for forgiveness2 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 evil4#cf ,some of the gods1 however1 are invoked as judges4 ,this is frequently the case with ,shamash1 the sun god1 the supreme judge of heaven and earth1 who1 seated on a throne in the chamber of judgment1 receives the supplications of men4#cg ,of the moon god ,sin it is said in a hymn #gjd dedicated to him that his word produces truth and justice1 so that men speak the truth4#ch ,and the lord of fire is addressed as a judge1 who burns the evildoers and annihilates the bad1#ci and is exhorted by the conjurer to help him to his right2#dj but this probably means little more than the invocation1 ,eat my enemies1 destroy those who have done harm to me4#da ,of a moral retribution after death there is no trace in the ,chaldean religion4 ,those who have obtained the goodwill of the gods receive their reward in this world1 by a life of happiness and of good health1 but the moment that death ensues the control of the gods comes to an end4 ,all mankind1 kings and subjects1 virtuous and wicked1 go to ,aral1 the gloomy subterranean realm presided over by ,allatu and her consort ,nergal1 where the dead are doomed to everlasting sojourn or imprisonment in a state of joyless inactivity4 ,a kind of judgment is spoken of1 but nothing indicates that it is based on moral considerations4#db ,according to the ,gilgamesh epic1 however1 the fortunes awaiting those who die are not all alike4 ,those who fall in battle seem to enjoy special privileges1 provided that they are properly buried and there is someone to make them comfortable in their last hour and to look after them when dead4 ,but he whose corpse remains in the field has no rest in the earth1 and he whose spirit is not cared for by any one is consumed by gnawing hunger4#dc ,footnote #bd3 ,jastrow1 ,religion of ,babylonia and ,assyria1 p4 #bfj sqq4 ,smith1 ,chaldean ,account of ,genesis1 pp4 #hg1 #hh1 #ajf sq4 ,idem1 ,chaldische ,genesis1 edited by ,delitzsch1 pp4 #hc1 #cjf sq4 ,footnote #be3 ,mrdter-,delitzsch1 ,geschichte ,babyloniens und ,assyriens1 p4 #ca4 ,sayce1 ,hibbert ,lectures on the ,religion of the ,ancient ,babylonians1 p4 #ih4 ,king1 ,babylonian ,magic and ,sorcery1 p4 #eb sqq4 ,jensen1 ,die ,kosmologie der ,babylonier1 pp4 #hg1 #hh1 #bdi sq4 ,schrader-,zimmern1 ,die ,keilinschriften und das ,alte ,testament1 p4 #cgb sq4 ,footnote #bf3 ,hommel1 ,die semitischen ,vlker und ,sprachen1 i4 #cgd sqq4 ,mrdter-,delitzsch1 op4 cit4 p4 #bg4 ,sayce1 op4 cit4 pp4 #aca1 #adj4 ,footnote #bg3 ,tallqvist1 ',die assyrische ,beschwrungsserie ,maql1' in ,acta ,soc4 ,scient4 ,fennic1 xx4 #be1 #bh sq4 ,footnote #bh3 ,mrdter-,delitzsch1 op4 cit4 p4 #cg sq4 ,maspero1 ,dawn of ,civilization1 pp4 #fdc1 #fgd1 #fhb sq4 ,footnote #bi3 ,jeremias1 ,die babylonisch-assyrischen ,vorstellungen vom ,leben nach dem ,tode1 p4 #df sq4 ,maspero1 ,dawn of ,civilization1 pp4 #fig1 #gje4 ,footnote #cj3 ,see ,zimmern1 ,babylonische ,busspsalmen1 passim4 ,footnote #ca3 ,cf4 ,jastrow1 op4 cit4 p4 #cac sqq4 ,footnote #cb3 ,in mercantile transactions 7,jastrow1 op4 cit4 p4 #bia1 n4 #b74 ,footnote #cc3 ,zimmern1 ,beitrge zur ,kenntnis der babylonischen ,religion1 ',die ,beschwrungstafeln v,surpu1' p4 #c sqq4 ,footnote #cd3 ,idem1 in ,schrader1 ,die ,keilinschriften und das ,alte ,testament1 p4 #fab4 ,footnote #ce3 ,zimmern1 ,die ,beschwrungstafeln v,surpu1 ii4 #hi-ic1 #ii-ajd1 pp4 #g1 #bc4 ,footnote #cf3 ,see ,jastrow1 op4 cit4 p4 #bib4 ,footnote #cg3 ,tallqvist1 ,maql1 ii4 #id4 ,zimmern1 v,surpu1 ii4 #acj1 p4 #i4 ,idem1 ,babylonische ,hymnen und ,gebete1 p4 #ac4 ,mrdter-,delitzsch1 op4 cit4 p4 #bh4 ,schrader-,zimmern1 op4 cit4 p4 #cfh4 ,jastrow1 op4 cit4 pp4 #ga1 #abj1 #bji sqq4 ,footnote #ch3 ,zimmern1 ,babylonische ,hymnen und ,gebete1 p4 #ab4 ,footnote #ci3 ,tallqvist1 ,maql1 i4 #ie2 ii4 #gj1 #hi1 #aaf1 #acj1 #aca1 #ahd4 ,footnote #dj3 ,ibid4 i4 #aad4 ,footnote #da3 ,ibid4 i4 #aaf2 ii4 #abj4 ,footnote #db3 ,jeremias1 op4 cit4 passim4 ,schrader-,zimmern1 op4 cit4 p4 #fcf sq4 ,jastrow1 op4 cit4 p4 #efe sqq4 ,jensen1 op4 cit4 p4 #bag sqq4 ,footnote #dc3 ,haupt1 ',die zwlfte ,tafel des babylonischen ,nimrod-,epos1' in ,beitrge zur ,assyriologie1 i4 #fi sq4 ,jensen1 ',das ,gilgamvs 7,nimrod7-,epos1' xii4 #f1 in ,assyrisch-,babylonische ,mythen und ,epen1 p4 #bfe4 ,in a still higher degree than the ,chaldean religion ,zoroastrianism represents an incessant struggle against evil spirits4 ,here everything in heaven and on earth is engaged in the conflict2 it is a war between two mighty sovereigns1 ,ahura ,mazda and ,angra ,mainyu1 and their respective forces4#dd ,whatever works for the good of man comes from #gje and strives for ,ahura ,mazda1 whatever works for the harm of man comes from and strives for ,angra ,mainyu4 ,there can be no doubt that the powers of goodness will absolutely triumph in the end2 but though ,angra ,mainyu and his band have been defeated1 the battle is still raging4 ,ahura ,mazda1 being the originator of everything good in the world1 is also the founder of the order of the universe1 the creator of the righteous order4#de ,in the ,venddd he is asked about the rules of life1 and he is pleased to answer2#df ,m4 ,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 god4#dg ,the sacred law of ,zoroastrianism enjoins charity#dh and industry1#di it condemns the murder of a believer1#ej abortion1#ea theft1#eb non-payment of debts1#ec and1 with special emphasis1 falsehood and breach of faith1#ed and unnatural intercourse4#ee ,but the good thoughts1 words1 and deeds most urgently insisted upon are orthodoxy1 prayer1 and sacrifice2 whilst the greatest sins are apostasy1 transgressions of the rules of ceremonial cleanliness1 and offences against sacred beings4 ,it is less criminal to kill a man than to serve bad food to a shepherd's dog2 for the manslayer gets off with ninety stripes1 whereas the bad master will receive two hundred4#ef ,and the killing of a water dog is punished with ten thousand stripes4#eg ,offenders will be liable to penalties not only here below1 but in the next world as well1 where ,ahura ,mazda1 the discerning arbiter1#eh establishes evil for the evil1 and happy blessings for the good4#ei ,the views accepted in regard to the future life1 #gjf whilst incomplete in the ,gathas1 are expanded in the ,younger ,avesta1 and fully given in the ,pahlavi books4#fj ,the man who has lived for ,ahura ,mazda will have a seat near him in heaven1 and there he remains undecaying and immortal1 unalarmed and undistressed1 full of glory and delight2 whereas the wicked soul will be tormented in the darkness of hell1 the dwelling of the demons4#fa ,the good deeds of the virtuous and the bad deeds of the wicked1 in the form of maidens1 come to meet them on their roads to paradise or hell4#fb ,but the fate of the dead is not merely influenced by their conduct towards their fellow men while alive4 ,it is said that he who wishes to seize the heavenly reward1 will seize it by giving gifts to him who holds up the ,law4#fc ,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 next1 and reaches the highest paradise4#fd ,footnote #dd3 ,according to the ,venddd 7i4 #c sqq47 ,angra ,mainyu constantly countercreated the creations of ,ahura ,mazda4 ,but this idea is not yet to be found in the ,gathas1 where the wickedness of ,ako ,mainyu is only represented as an attempt to destroy the good creation 7see ,lehmann1 ,zarathustra1 ii4 #ge1 #afe74 ,footnote #de3 ,yasna1 xxxi4 #g4 ,darmesteter1 ,ormazd et ,ahriman1 pp4 #ai1 #bd1 #hh1 c4 ,footnote #df3 ,venddd1 xviii4 #ac sqq4 ,footnote #dg3 ,darmesteter1 in ,sacred ,books of the ,east1 iv4 7#bnd edit47 p4 lviii4 ,footnote #dh3 ,supra1 i4 #eea4 ,footnote #di3 ,supra1 ii4 #bge4 ,footnote #ej3 ,venddd1 iii4 #da2 v4 #ad4 ,footnote #ea3 ,ibid4 xv4 #i sqq4 ,footnote #eb3 ,supra1 ii4 #fj4 ,yasna1 xi4 #c4 ,footnote #ec3 ,venddd1 iv4 #a4 ,footnote #ed3 ,supra1 ii4 #ic4 ,footnote #ee3 ,supra1 ii4 #dgi sq4 ,footnote #ef3 ,venddd1 iv4 #dj2 xiii4 #bd2 xv4 #c4 ,footnote #eg3 ,ibid4 xiv4 #a sq4 ,footnote #eh3 ,yasna1 xxix4 #d4 ,footnote #ei3 ,ibid4 xliii4 #e4 ,footnote #fj3 ,cf4 ,jackson1 ,avesta ,grammar1 i4 p4 xxviii4 ,footnote #fa3 ,venddd1 xix4 #bh sqq4 ,yasts1 xxii4 ,bundahis1 ch4 xxx4 ,dn- ,mang- ,khirad ii4 #abc sqq4 ch4 vii4 ,ard ,vrf1 ch4 xvii4 ,cf4 ,geiger1 ,civilization of the ,eastern ,iranians1 i4 #aja4 ,footnote #fb3 ,dn- ,mang- ,khirad1 ii4 #abe1 #afg sqq4 ,footnote #fc3 ,yasts1 xxiv4 #cj4 ,footnote #fd3 ,geiger1 op4 cit4 i4 #gc4 ,see also ,yasts1 xii4 #cce2 xxiv4 #ci1 #dg sq42 ,darmesteter1 ,ormazd et ,ahriman1 p4 #bh4 ,in ,vedic religion we likewise meet with a conflict between gods and demons1 but the struggle is too unequal to result in anything like the ,zoroastrian dualism4#fe ,various misfortunes are attributed to the ill-will of evil spirits1 but their power is comparatively slight1 and the greater demons1 like ,vr4tra1 are represented as defeated or destroyed by the gods4#ff ,on the other hand there is among the great gods themselves one who has a distinctly malevolent character1 namely ,rudra1 a god of storm1#fg terrible like a wild beast2#fh but though the hymns #gjg addressed to him chiefly express fear of his dreadful shafts and deprecations of his wrath1 he is also sometimes supplicated to confer blessings upon man and beast4#fi ,with this exception the great gods are all beneficent beings1#gj though of course liable to punish those who offend them4 ,varuna has established heaven and earth1#ga has made the celestial bodies to shine#gb and the rivers to flow4#gc ,he rules over nature by laws which are fixed and immutable1 and which must be followed by the gods themselves4#gd ,he sees and knows everything1 because he is the infinite light and the sun is his eye2#ge and in connection with ,mithra he is said to dispel and punish falsehood4#gf ,varuna has even been represented as the supreme moral ruler1 but it seems to me that scholars have generally credited him with a somewhat more comprehensive sense of justice than the hymns imply4#gg ,every hymn to ,varuna contains a prayer for forgiveness1 but there is no indication that the sins which excite his wrath include ordinary moral wrongdoing4 ,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 ,indra1#gh whose favour is only won by those who contribute to his wellbeing or who destroy persons neglectful of his worship4#gi ,the ,vedic religion is pre-emiently ritualistic4 ,the pious man par prfrence is he who makes the soma flow in abundance and whose hands are always full of butter1 the reprobate man is he who is penurious towards the gods2#hj and just like the other gods1 #gjh ,varuna visits with disease those who neglect him1#ha and is appeased by sacrifices and prayers4#hb ,after death the souls of those who have practised rigorous penance1#hc of those who have risked their lives in battle1#hd and above all of those who have bestowed liberal sacrificial gifts1#he go with the smoke arising from the funeral pile to the heavenly world1 where the ,fathers dwell with ,yama--the first man who died#hf--;and ,varuna1 the two kings who reign in bliss4#hg ,there they enjoy an endless felicity among the gods1 clothed in glorious bodies and drinking the celestial soma1 which renders them immortal4#hh ,yet there are different degrees of happiness in this heavenly mansion4 ,the performance of rites in honour of the manes causes the souls to ascend from a lower to a higher state2 indeed1 if no such offerings are made they do not go to heaven at all4#hi ,another source of happiness for the dead is their own pious conduct during their lifetime2 for in the abode of bliss they are united with what they have sacrificed and given1 especially reaping the reward of their gifts to priests4#ij ,unworthy souls1 on the other hand1 are kept out of this abode by ,yama's dogs1 which guard the road to his kingdom4#ia ,as to the destiny in store for those who are not admitted to heaven1 the hymns have little to tell4 ,zimmer and others erroneously argue that a race who believe in future rewards for the good must logically believe in future punishments for the wicked4#ib ,so far as ,i can see1 all the traces of such a belief which are to be found in the ,vedic literature are requests made to gods1 #gji or simply curses1 to the effect that evil-doers may be thrown into deep and dismal pits under the earth4#ic ,they do not imply that gods of their own accord punish wicked people after death4 ,footnote #fe3 ,cf4 ,barth1 ,religions of ,india1 p4 #ac4 ,footnote #ff3 ,oldenberg1 ,die ,religion des ,veda1 p4 #bha4 ,macdonell1 ,vedic ,mythology1 p4 #ah4 ,footnote #fg3 ,muir1 ,original ,sanskrit ,texts1 v4 #adg4 ,barth1 op4 cit4 p4 #ad4 ,macdonell1 op4 cit4 p4 #gg4 ,footnote #fh3 ,oldenberg1 op4 cit4 pp4 #fc1 #bha1 #bhd4 ,macdonell1 op4 cit4 p4 #ah4 ,bergaigne1 ,la religion vdique1 iii4 #aeb sqq4 ,footnote #fi3 ,macdonell1 op4 cit4 p4 #ge sq4 ,footnote #gj3 ,oldenberg1 op4 cit4 pp4 #fj1 #bha4 ,macdonell1 op4 cit4 p4 #ah4 ,footnote #ga3 ,rig-,veda1 viii4 #db4 #a4 ,footnote #gb3 ,ibid4 i4 #bd4 #aj2 vii4 #hg4 #e4 ,footnote #gc3 ,ibid4 ii4 #bh4 #d4 ,footnote #gd3 ,ibid4 viii4 #da4 #g4 ,macdonell1 op4 cit4 p4 #bf4 ,bohnenberger1 ,der altindische ,gott ,varun4a1 p4 #ch sqq4 ,footnote #ge3 ,supra1 ii4 #eih4 ,darmesteter1 ,essais orientaux1 p4 #abf4 ,footnote #gf3 ,macdonell1 op4 cit4 p4 #bf4 ,footnote #gg3 ,macdonell1 op4 cit4 pp4 #bj1 #bf4 ,whitney1 ',on the main ,results of the later ,vedic ,researches in ,germany1' in ,jour4 ,american ,oriental ,soc4 iii4 #cbf4 ,roth1 ',on the ,morality of the ,veda1' ibid4 iii4 #cdj sq4 ,bergaigne1 op4 cit4 iii4 #aef4 ,darmesteter1 ,essais orientaux1 p4 #aaa4 ,bohnenberger1 op4 cit4 p4 #di sqq4 ,footnote #gh3 ,oldenberg1 op4 cit4 p4 #bii4 ,footnote #gi3 ,ibid4 pp4 #bhb1 #bhc1 #cjj4 ,footnote #hj3 ,rig-,veda1 viii4 #ca4 ,see ,barth1 op4 cit4 p4 #cd2 ,kaegi1 ,rigveda1 p4 #bi2 ,muir1 op4 cit4 v4 #bj2 ,macdonell1 op4 cit4 p4 #ah4 ,footnote #ha3 ,rig-,veda1 i4 #abb4 #i4 ,footnote #hb3 ,ibid4 i4 #bd4 #ad4 ,footnote #hc3 ,ibid4 x4 #aed4 #b4 ,footnote #hd3 ,ibid4 x4 #aed4 #c4 ,footnote #he3 ,ibid4 i4 #abe4 #e sq42 x4 #ajg4 #b2 x4 #aed4 #c4 ,muir1 op4 cit4 v4 #bhe4 ,oldenberg1 op4 cit4 p4 #ecf4 ,macdonell1 op4 cit4 p4 #afg4 ,footnote #hf3 ,muir1 op4 cit4 v4 #cja4 ,footnote #hg3 ,rig-,veda1 x4 #ad4 #g sq4 ,barth1 op4 cit4 p4 #bb sq4 ,macdonell1 op4 cit4 p4 #afe sqq4 ,footnote #hh3 ,zimmer1 ,altindisches ,leben1 p4 #daj sqq4 ,barth1 op4 cit4 p4 #bc4 ,macdonell1 op4 cit4 p4 #afg sq4 ,footnote #hi3 ,hopkins1 ,religions of ,india1 p4 #aee4 ,oldenberg1 op4 cit4 p4 #ece4 ,footnote #ij3 ,rig-,veda1 x4 #ad4 #h2 x4 #aed4 #c4 ,oldenberg1 op4 cit4 p4 #ece4 ,macdonell1 op4 cit4 p4 #afh4 ,footnote #ia3 ,rig-,veda1 x4 #ad4 #aj sqq4 ,cf4 ,zimmer1 op4 cit4 p4 #dba2 ,hopkins1 op4 cit4 p4 #adg4 ,footnote #ib3 ,zimmer1 op4 cit4 p4 #dah4 ,scherman1 ,indische ,visionslitteratur1 p4 #abc4 ,idem1 ',eine ,art visionrer ,hllenschilderung aus dem indischen ,mittelalter1' in ,romanische ,forschungen1 v4 #efi4 ,oldenberg1 op4 cit4 p4 #ecg4 ,footnote #ic3 ,rig-,veda1 iv4 #e4 #e2 vii4 #ajd4 #c1 #aa1 #ag4 ,atharva-,veda1 v4 #ai4 #c1 #ab sqq42 xii4 #d4 #c1 #cf4 ,in post-,vedic times ritualism grew more important still4 ,sometimes the gods are represented as beings indifferent to every moral distinction1 and the most indelicate stories are unscrupulously related of them4#id ,in the ,taittirya ,samhit of the ,yajur ,veda we are told that if anybody wishes to injure another1 he need only say to ,srya1 one of the most important among the solar deities1#ie ,smite such a one1 and ,i will give you an offering1 and ,srya1 to get the offering1 will smite him4#if iva1 who is connected with the ,vedic god ,rudra1 is in the ,mahabharata clothed in terrible forms1 being armed with the trident and wearing a necklace of skulls2 he exacts a bloody cultus1 and is the chief of the mischievous spirits and vampires that frequent places of execution and burial grounds4#ig ,vishnu1 the other great god of ,hinduism1 though less fierce than iva1 is nevertheless1 on one side of his character1 an inexorable god2#ih and ,krishna1 as accepted by ,vishnuism1 is a crafty hero of a singularly doubtful moral character4#ii ,in ,brahmanism religion is largely replaced by magic1 the rites themselves are raised to the rank of divinities1 the priests become the gods of gods4#ajj ,and the point of view from which these man-gods look upon human conduct is expressed in the ,satapatha ,brhmana1 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 bliss4#aja ,ritual observances are essential for a man's wellbeing both in this life and in the life to come1 where paradise1 hell1 or transmigration #gaj awaits the dead4 ,in the ,brhmanas immortality1 or at least longevity1 is promised to those who rightly understand and practise the rites of sacrifice1 whilst those who are deficient in this respect depart before their natural term of life to the next world1 where they are weighed in a balance and receive good or evil according to their deeds4#ajb ,to repeat sacred texts a certain number of times is also laid down as a condition of salvation1#ajc and the doctrine is gradually developed that a single invocation of the divine name cancels a whole life of iniquity and crime4 ,hence the importance attached--as early as the ,bhagavad ,gt--to the last thought before death1 and the idea of attaining complete possession of this thought by an act of suicide4#ajd ,according to the ,purnas it is sufficient even in the case of the vilest criminal1 when at the point of death1 to pronounce by chance some syllables of the names ,vishnu or iva in order to obtain salvation2#aje and in the preface to the ,prem ,sgar1 which displays the religion of the ,hindus at the present day1 it is said that those who even ignorantly sing the praises of the greatness of ,krishn ,chand are rewarded with final beatitude1 just as a person would acquire eternal life by partaking of the drink of immortality though he did not know what he was drinking4#ajf ,on the other hand1 according to the ,hindu ,scriptures1 whatever a man's life may have been1 if he do not die near some holy stream1 if his body is not burned on its banks1 or at any rate near some water as a representative of the stream2 or where this is impracticable1 if some portion of his body be not thrown into it--his spirit must wander in misery1 unable to obtain the bliss for which he has done and suffered so much in life4#ajg ,at the same time we also find a great variety of social duties #gaa inculcated in the sacred books of ,india--humanity even to enemies#ajh and slaves1#aji filial piety1#aaj charity1#aaa hospitality1#aab veracity2#aac and in the ,stras 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 rite4#aad ,but this doctrine is singularly free from any reference to the justice of gods4 ,in the ,upanishads and ,buddhistic books it is distinctly formulated in the idea of karma1 according to which each act of the soul1 good or bad1 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 punishment4#aae ,footnote #id3 ,barth1 op4 cit4 p4 #df sq4 ,macdonell1 op4 cit4 p4 #gf4 ,footnote #ie3 ,barth1 op4 cit4 p4 #bj4 ,footnote #if3 ,taittirya ,samhit1 vi4 #d sqq41 quoted by ,goblet d',alviella1 ,hibbert ,lectures on the ,origin and ,growth of the ,conception of ,god1 p4 #he4 ,footnote #ig3 ,barth1 op4 cit4 pp4 #aei1 #afd4 ,footnote #ih3 ,ibid4 p4 #agd4 ,footnote #ii3 ,ibid4 p4 #agb4 ,footnote #ajj3 ,supra1 ii4 #feg4 ,footnote #aja3 ,satapatha ,brhmana1 ii4 #b4 #b4 #f4 ,footnote #ajb3 ,weber1 ',eine ,legende des atapatha-,brhman4a ber die strafende ,vergeltung nach dem ,tode1' in ,zeitschr4 d4 ,deutschen ,morgenlndischen ,gesellsch4 ix4 #bch sq4 ,see also ,macdonell1 op4 cit4 p4 #afh2 ,hopkins1 op4 cit4 pp4 #aij1 #aic2 ,vish'nu ,pur'na1 p4 #dd4 ,footnote #ajc3 ,aitareya ,brahmanam1 ii4 #ag4 ,footnote #ajd3 ,bhagavad ,gt1 ch4 #h4 ,barth1 op4 cit4 p4 #bbh4 ,footnote #aje3 ,barth1 op4 cit4 p4 #bbh4 ,footnote #ajf3 ,prem ,sgar1 p4 #ef4 ,cf4 ,wilson1 in ,vish'nu ,pur'na1 p4 #baj1 n4 #ac2 ,idem1 ',religious ,sects of the ,hindus1' in ,asiatic ,researches1 xvi4 #aae4 ,footnote #ajg3 ,wilkins1 ,modern ,hinduism1 p4 #dci sq4 ,footnote #ajh3 ,supra1 i4 #cdb4 ,footnote #aji3 ,supra1 i4 #fhi4 ,footnote #aaj3 ,supra1 i4 #fab4 ,footnote #aaa3 ,supra1 i4 #eej sq4 ,footnote #aab3 ,supra1 i4 #egh sq4 ,footnote #aac3 ,supra1 ii4 #ia4 ,footnote #aad3 ,barth1 op4 cit4 p4 #di4 ,see1 e4g41 pastamba1 i4 #g4 #bj4 #a sqq42 i4 #h4 #bc4 #f4 ,footnote #aae3 ,barth1 op4 cit4 pp4 #gg1 #gh1 #aae sq4 ,mller1 ,anthropological ,religion1 p4 #cja4 ,dhammapada1 i4 #a sq4 ,rhys ,davids1 ,hibbert ,lectures on the ,history of ,buddhism1 p4 #he4 ,oldenberg1 ,buddha1 p4 #bhi4 ,hopkins1 op4 cit4 p4 #cai sq4 ,buddha did not base his system on any belief in gods1 hence there is no place in it for a ritual nor for sin in the sense of offending a supernatural being4 ,he that is pure in heart is the true priest1 not he that knows the ,vedas2 the ,vedas are nothing1 the priests are of no account1 save as they be morally of repute4#aaf ,if the genuine ,buddhist can be said to worship any higher power1 it is the moral order which never fails to assert itself in the law of cause and effect4 ,but ,buddha's followers were less metaphysical1 and the clouds returned after the rain4 ,the old gods of ,brahmanism came back1 ,buddha himself was deified as an omniscient and everlasting god1 and ,buddhism incorporated most of the local deities and demons of those nations it sought to convert4#aag ,from being originally a metaphysical and ethical doctrine1 it was thus transformed into a religion full of ritualism1 and1 it should be added1 profusely mixed with magic4 ,in ,lamaism1 especially1 #gab ritual is elevated to the front rank of importance2 we find there pompous services closely resembling those of the ,church of ,rome1 litanies and chants1 offerings and sacrifice4#aah ,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 bliss1 the paradise of the fabulous ,buddha of boundless light4#aai ,so also in ,china the teachers of ,buddhism were by no means rigorous in enforcing the obligations of men to morality4 ,to expiate sins1 offerings to the idols and to the priests were sufficient4 ,a temple built in honour of ,f7o1 and richly endowed1 would suffice to blot out every stain of guilt1 and serve as a portal to the blessed mansions of ,buddha4#abj ,footnote #aaf3 ,hopkins1 op4 cit4 p4 #cai4 ,footnote #aag3 ,waddell1 ,buddhism in ,tibet1 pp4 #abf1 #cbe sq4 ,griffis1 ,religions of ,japan1 pp4 #ahg1 #bjg4 ,davis1 ,china1 ii4 #ea4 ,footnote #aah3 ,waddell1 op4 cit4 #dba1 #dgf4 ,footnote #aai3 ,ibid4 pp4 #adb1 #adh1 #egc4 ,footnote #abj3 ,gutzlaff1 quoted by ,davis1 op4 cit4 ii4 #ea4 ,cf4 ,edkins1 ,religion in ,china1 p4 #aej4 ,in the national religion of ,china the heaven god1 ,shang-te1 is the supreme being1 the creator and sovereign ruler of the universe1 whose power knows no bounds1 and whose sight equally comprehends the past1 the present1 and the future1 penetrating even to the remotest recesses of the heart4#aba ,he is the author and upholder not only of the physical but of the moral order of the world1 watching over the conduct of men1 rewarding the good1 and punishing the wicked4#abb ,sometimes he appears to array himself in terrors1 as in the case of public calamities and the irregularity of the seasons2 but these are only salutary warnings intended to call men to repentance4#abc ,the cult which is offered ,shang-te is frigid and ceremonial4 ,the rules of ceremony have their origin in heaven1 and the movement of them #gac reaches to earth2 their abandonment leads to the ruin of states1 the destruction of families1 and the perishing of individuals4#abd ,the ,chinese are inclined to place ritualism on an equality with social morality4 ,confucius himself humbly submitted to the rules of ceremony1 although he denounced hypocrisy4 ,but to him morality was infinitely more important than religion4 ,he altogether avoided the personal term ,god1 and made only use of the abstract term ,heaven4 ,he admitted that spiritual beings exist1 and even sacrificed to them1#abe but when questioned about matters relating to religion he was systematically silent4#abf ,religious duties occupy a very insignificant place in his system4 ,to give one's self earnestly to the duties due to men1 and1 while respecting spiritual beings1 to keep aloof from them1 may be called wisdom4#abg ,prayer is unnecessary because ,heaven does not actively interfere with the soul of man2 it has endowed him at his birth with goodness1 which1 if he will1 may become his nature1 and the reward or punishment is only the natural or providential result of his conduct4#abh ,of punishments in a future life ,confucius says nothing1 though he maintains that there are rewards and dignity for the good after death4#abi ,the belief of the ,chinese in post mortem punishments comes from ,buddhism4#acj ,footnote #aba3 ,legge1 ,notions of the ,chinese concerning ,god1 pp4 #cc1 #cd1 #ajj sq4 ,idem1 ,chinese ,classics1 i4 #ih4 ,staunton1 ,inquiry into the proper ,mode of rendering the ,word ,god in translating the ,sacred ,scriptures into the ,chinese ,language1 p4 #h sq4 ,douglas1 ,confucianism and ,taouism1 pp4 #gg1 #hb4 ,footnote #abb3 ,doolittle1 ,social ,life of the ,chinese1 ii4 #bgb4 ,legge1 ,chinese ,classics1 i4 #ih2 iii4 #df4 ,smith1 ,proverbs of the ,chinese1 p4 #dj4 ,boone1 ,essay on the proper rendering of the ,words ,elohim and ,greek3 ,the_/os into the ,chinese ,language1 p4 #ee4 ,indo-,chinese ,gleaner1 i4 #afb4 ,davis1 op4 cit4 ii4 #bf1 #cd4 ,douglas1 op4 cit4 pp4 #gg1 #gh1 #hc4 ,footnote #abc3 ,staunton1 op4 cit4 p4 #i4 ,legge1 ,chinese ,classics1 iii4 #df sq4 ,footnote #abd3 ,l ,k1 vii4 #d4 #e sq4 ,footnote #abe3 ,lun ,y1 iii4 #ab4 #a2 x4 #h4 #aj4 ,footnote #abf3 ,ibid4 vii4 #bj4 ,cf4 ,rville1 ,la religion chinoise1 p4 #cbf4 ,footnote #abg3 ,lun ,y1 vi4 #bj4 ,footnote #abh3 ,douglas1 op4 cit4 p4 #gh4 ,legge1 ,religions of ,china1 p4 #cjj4 ,rville1 op4 cit4 p4 #fde4 ,footnote #abi3 ,legge1 ,religions of ,china1 pp4 #aae1 #bii sq4 ,rville1 op4 cit4 p4 #cde4 ,footnote #acj3 ,indo-,chinese ,gleaner1 iii4 #bhh4 ,edkins1 op4 cit4 pp4 #hc1 #hg sqq4 ,smith1 ,proverbs of the ,chinese1 p4 #bbg4 ,the gods of ancient ,greece were on the whole beneficent beings1 who conferred blessings upon those who secured their goodwill4 ,zeus protects the life of the family1 city1 and nation2 he is a god of victory and victorious peace1 who gathers the hosts against ,troy1 and saves ,greece from ,persia2 he brings the ships to land2 he is the warder off of evil4#aca ,but neither he nor the other gods bestow their #gad favours for nothing2 ,xenophon says that they assist with good advice those who worship them regularly1#acb but take revenge on those who neglect them4#acc ,they punish severely even offences committed against them accidentally1#acd and not infrequently they display actual malevolence towards men by seducing them into sin#ace or inflicting harm upon them out of sheer envy4#acf ,in other respects1 also1 they are by no means models of morality2 but this does not prevent them from acting as administrators of justice any more than1 among men1 a judge is supposed to lose all regard for justice because he himself transgresses the rules of morality in some particular of private life4#acg ,for great crimes1 says ,herodotus1 great punishments at the hands of the gods are in store4#ach ,dike1 or ,justice1 the terrible virgin who breathes against her enemies a destructive wrath1#aci is represented sometimes as the daughter1 sometimes as the companion of the all-seeing ,zeus2#adj and1 as ,welcker observes1 ,zeus was not only a god among other gods1 but also the deity solely and abstractedly4#ada ,we have noticed above that from ancient times the murder of a kinsman was an offence against ,zeus and under the ban of the ,erinyes1 and that later on all bloodshed1 if the victim had any rights at all within the city1 became a sin which needed purification4#adb ,zeus protected guests and suppliants1#adc he punished children who reproached their aged parents1#add he was a guardian of the family property1#ade he protected boundaries1#adf he was no friend of falsehood1#adg he punished perjury4#adh ,according to earlier beliefs retribution was exclusively restricted #gae to this earthly existence1 and if the guilty person himself escaped the punishment for his deed it fell on some of his descendants4#adi ,the transference of ,menelaus to the ,elysian plain1 spoken of in the ,odyssey1#aej was not a reward for his virtue--indeed1 he was not particularly conspicuous for any of the ,homeric virtues--but a privilege resulting from his being married to ,zeus' daughter ,helena2#aea and if the perjurer was tortured in ,hades#aeb the simple reason was that he had called down upon himself such torture in his oath4#aec ,in later times we meet with the doctrine of retribution after death1 not only in the speculations of isolated philosophers1 but as a popular belief2#aed but this belief seems to have been quite unconnected with any notion of ,olympian justice4#aee ,the souls in the world beyond the grave are sentenced by special judges2#aef ,aeschylus expressly says that it is another ,zeus that administers justice there4#aeg ,for him ,hades with the powers by which it is governed exists only as a place where the guilty are punished1 whereas for the virtuous he has no word of true hope2#aeh and other writers also have much more to tell about future punishments than about future rewards4#aei ,particularly prominent among the offences which are punished in ,hades are1 besides perjury1#afj injuries to parents#afa and guests1#afb that is1 offences which in this world are visited with the most powerful curses4#afc ,according to ,aeschylus1 the retribution which the ,erinyes--personifications of curses--have begun on earth is completed in the nether world1 and according to ,pythagoras unpurified souls are kept chained there by the ,erinyes without any hope of escape4#afd ,we are1 moreover1 told that painters used to represent allegorical figures of curses in connection with their #gaf images of wicked dead4#afe ,from all these facts ,i conclude that the notion of punishments in ,hades did not arise from a belief in the justice of gods1 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 savages1 and of which the supposed punishment of perjury in ,hades is only a particular instance4#aff ,as for the gods it should be added that the vulgar opinion of their character was not shared by all4 ,euripides affirms that the legends about them which tend to confuse human ideas as to right and wrong are not literally true4#afg ,i think1 he says1 that none of the gods is bad2#afh if the gods do aught that is base1 they are not gods4#afi ,plato opposes the popular views that the deity induces men to commit crimes1#agj that he is capable of feeling envy1#aga and that evil-doers may avert divine punishments by sacrifices offered to the gods as bribes4#agb ,god is good1 he is never the author of evil to any one1 and if the wicked are miserable the reason is that they require to be punished and are benefited by receiving punishment from ,god4#agc ,plutarch likewise asserts in the strongest terms that ,god is perfectly good and least of all wanting in justice and love1 the most beautiful of virtues and the best befitting the ,godhead4#agd ,footnote #aca3 ,farnell1 ,cults of the ,greek ,states1 i4 #ei-fa1 #hc1 #ajg4 ,vischer1 ,kleine ,schriften1 ii4 #ceb sq4 ,preller1 ,griechische ,mythologie1 i4 #adf sqq4 ,footnote #acb3 ,xenophon1 ,hipparchicus1 ix4 #i4 ,idem1 ,cyropdia1 i4 #f4 #df4 ,footnote #acc3 ,idem1 ,anabasis1 v4 #c4 #ac2 vii4 #h4 #d4 ,footnote #acd3 ,ngelsbach1 ,die nachhomerische ,theologie des griechischen ,volksglaubens1 p4 #cca sqq4 ,footnote #ace3 ,schmidt1 ,die ,ethik der alten ,griechen1 i4 #bca sqq4 ,footnote #acf3 ,ibid4 i4 #gi sqq4 ,footnote #acg3 ,cf4 ,ngelsbach1 ,homerische ,theologie1 pp4 #bhh1 #cag sqq42 ,schmidt1 op4 cit4 i4 #dh sqq42 ,maury1 ,histoire des religions de la ,grce antique1 i4 #cdb2 ,gladstone1 ,studies on ,homer1 ii4 #chd4 ,footnote #ach3 ,herodotus1 ii4 #abj4 ,footnote #aci3 ,aeschylus1 ,choephoroe1 #idi sqq4 ,footnote #adj3 ,ibid4 #idi4 ,hesiod1 ,opera et dies1 #bef 7#bed74 ,usener1 ,gtternamen1 p4 #aig4 ,farnell1 op4 cit4 i4 #ga1 ,darmesteter1 ,essais orientaux1 p4 #ajf sq4 ,footnote #ada3 ,welcker1 ,griechische ,gtterlehre1 i4 #aha4 ,footnote #adb3 ,supra1 i4 #cgi4 ,footnote #adc3 ,supra1 i4 #egi1 #ehe4 ,footnote #add3 ,supra1 i4 #fbd4 ,footnote #ade3 ,supra1 ii4 #fj4 ,footnote #adf3 ,supra1 ii4 #fa4 ,footnote #adg3 ,supra1 ii4 #aaf4 ,footnote #adh3 ,supra1 ii4 #aba4 ,footnote #adi3 ,supra1 i4 #di sq4 ,footnote #aej3 ,odyssey1 iv4 #efa sqq4 ,footnote #aea3 ,cf4 ,rohde1 ,psyche1 p4 #gd4 ,footnote #aeb3 ,iliad1 iii4 #bgh sq42 xix4 #bei sq4 ,footnote #aec3 ,cf4 ,rohde1 op4 cit4 p4 #fj4 ,footnote #aed3 ,schmidt1 op4 cit4 i4 #ii sqq4 ,ngelsbach1 ,nachhomerische ,theologie1 p4 #ce sq4 ,footnote #aee3 ,cf4 ,schmidt1 op4 cit4 i4 #ajd4 ,footnote #aef3 ,ibid4 i4 #aja4 ,footnote #aeg3 ,aeschylus1 ,supplices1 #bcj sq4 ,footnote #aeh3 ,cf4 ,westcott1 ,essays in the ,history of ,religious ,thought1 p4 #hg4 ,footnote #aei3 ,schmidt1 op4 cit4 i4 #aja sq4 ,footnote #afj3 ,aristophanes1 ,ran1 #aej1 #bge4 ,footnote #afa3 ,aeschylus1 ,eumenides1 #age1 #bfg sqq41 #cce sqq4 ,pausanias1 x4 #bh4 #d sq4 ,aristophanes1 ,ran1 #adg-aej1 #bgd4 ,footnote #afb3 ,aeschylus1 ,eumenides1 #bfi sq4 ,aristophanes1 ,ran1 #adg sq4 ,footnote #afc3 ,see supra1 i4 #ehd sqq41 #fba sqq4 ,footnote #afd3 ,diogenes ,laertius1 ,de vitis philosophorum1 viii4 #a4 #ca4 ,footnote #afe3 ,demosthenes 7871 ,contra ,aristogitonem oratio ,i4 #eb4 ,footnote #aff3 ,the ,arabs of the ,uld ,bu 7,azz in ,southern ,morocco maintain that there are three classes of persons who are infallibly doomed to hell1 namely1 those who have been cursed by their parents1 those who have been guilty of unlawful homicide1 and those who have burned corn4 ,they say that every grain curses him who burns it4 ,footnote #afg3 ,cf4 ,westcott1 op4 cit4 p4 #ajd4 ,footnote #afh3 ,euripides1 ,iphigenia in ,tauris1 #cia4 ,footnote #afi3 ,idem1 ,bellerophon1 #ag 7,fragmenta1 #cjj74 ,footnote #agj3 ,plato1 ,respublica1 ii4 #cgi sq4 ,footnote #aga3 ,idem1 ,phdrus1 p4 #bdg4 ,idem1 ,timus1 p4 #bi4 ,footnote #agb3 ,idem1 ,respublica1 ii4 #cfd sqq4 ,idem1 ,leges1 x4 #ije sqq42 xii4 #idh4 ,footnote #agc3 ,idem1 ,respublica1 ii4 #cgi sq4 ,cf4 ,aeschylus1 ,agamemnon1 #agf sqq4 ,footnote #agd3 ,plutarch1 ,de defectu oraculorum1 ,see also ,idem1 ,de adulatore et amico1 #bb4 ,the gods of the ,romans were on the whole unsympathetic and lifeless beings1 some of them even actually pernicious1 as the god of ,fever1 who had a temple on the ,palatine hill1 and the god of ,ill-,fortune1 who had an altar on the ,esquiline hill4#age ,the relations between the gods #gag and their worshippers were cold1 ceremonial1 legal4 ,the chief thing was not to break the peace of the gods1 or1 when it was broken1 to restore it4#agf ,they were rendered propitious by sanctity and piety4#agg ,but sanctity was defined as the knowledge of how we ought to worship them1 and piety was only justice towards the gods1 the return for benefits received2 ,cicero asks1 ,what piety is due to a being from whom you receive nothing8#agh ,the divine law1 fas1 was distinguished from the human law1 jus4 ,to the former belonged not only the religious rites but the duties to the dead1 as also the duties to certain living individuals4#agi ,offences against parents were avenged by the divi parentum2#ahj the duty of hospitality was enforced by the dii hospitales and ,jupiter2#aha boundaries were protected by ,jupiter ,terminalis and ,terminus2#ahb and ,jupiter1 ,dius ,fidius1 and ,fides1 were the guardians of sworn faith4#ahc ,footnote #age3 ,cicero1 ,de natura deorum1 iii4 #be4 ,footnote #agf3 ,leist1 ,grco-italische ,rechtsgeschichte1 p4 #bai sqq4 ,granger1 ,worship of the ,romans1 p4 #bag4 ,footnote #agg3 ,cicero1 ,de officiis1 ii4 #c4 ,footnote #agh3 ,idem1 ,de natura deorum1 i4 #da4 ,footnote #agi3 ,on the distinction between fas and jus see von ,jhering1 ,geist des rmischen ,rechts1 i4 #beh4 ,footnote #ahj3 ,supra1 i4 #fbd4 ,footnote #aha3 ,supra1 i4 #ehj4 ,footnote #ahb3 ,supra1 ii4 #fa4 ,footnote #ahc3 ,supra1 ii4 #if1 #aba sq4 ,wissowa1 ,religion und ,kultus der ,rmer1 pp4 #dh1 #ajc1 #ajd1 #abc sq4 ,the god of ,israel was a powerful protector of his chosen people1 but he was a severe master who inspired more fear than love4 ,in the pre-prophetic period at least1 he was no model of goodness4 ,he had unaccountable moods1 his wrath often resembled rather the insensate violence of angered nature1 than the reasonable indignation of a moralised personality#ahd--;as appears1 for instance1 from the suggestion of ,david that ,saul's undeserved enmity might be due to the incitement of ,god4#ahe ,at the same time his severity was also a guardian of human relationships4 ,it turned against children who were disrespectful to their parents1 against murderers1 adulterers1 thieves1 false witnesses--indeed1 the whole criminal law was a revelation of the ,lord4 ,he was moreover a protector of #gah the poor and needy1#ahf and a preserver of strangers4#ahg ,but offences against ,god were1 in the ,ten ,commandments1 mentioned before offences against man2 religious rites were put on the same level with the rules of social morality2 neglect of circumcision1 or disregard of the precepts of ceremonial cleanliness1 or sabbath-breaking1 was punished with the same severity as the greatest crimes4#ahh ,to the ordinary man1 says ,wellhausen1 it was not moral but liturgical acts that seemed to be truly religious4#ahi ,a different opinion1 however1 was expressed by the ,prophets4 ,they opposed the vice of the heart to the outward service of the ritual4#aij ,god was said by them to desire not sacrifice but mercy1#aia and to hate the hypocritical service of ,israel with its feast-days and solemn assemblies2#aib and the true fast was declared to consist in moral welldoing4#aic ,to them righteousness was the fundamental virtue of ,yahveh1 and if he punished ,israel his anger was no longer a merely fitful outburst1 unrelated to ,israel's own wrongdoing1 but an essential element of his righteousness4#aid ,however1 as ,m4 ,halvy observes1 the truly national conceptions of the ,hebrews were not those which the ,prophets maintained1 but those which they opposed4#aie ,the importance of ritual was more than ever emphasised in the post-prophetic priestly code4 ,footnote #ahd3 ,montefiore1 ,hibbert ,lectures on the ,religion of the ,ancient ,hebrews1 p4 #ch4 ,footnote #ahe3 #a ,samuel1 xxvi4 #ai4 ,footnote #ahf3 ,supra1 i4 #eeb1 #efe4 ,footnote #ahg3 ,supra1 i4 #ehj4 ,footnote #ahh3 ,montefiore1 op4 cit4 pp4 #cbg1 #dgj4 ,kuenen1 ,religion of ,israel1 ii4 #bgf4 ,footnote #ahi3 ,wellhausen1 ,prolegomena to the ,history of ,israel1 p4 #dfh4 ,footnote #aij3 ,cf4 ,caird1 ,evolution of ,religion1 ii4 #aai4 ,footnote #aia3 ,hosea1 vi4 #f4 ,footnote #aib3 ,amos1 v4 #ba sqq4 ,footnote #aic3 ,isaiah1 lviii4 #f sqq4 ,footnote #aid3 ,cf4 ,montefiore1 op4 cit4 p4 #abb sq4 ,footnote #aie3 ,halvy1 ,mlanges de critique et d'histoire relatifs aux peuples smitiques1 p4 #cga4 ,the opposition against ritualism which was started by the ,prophets reached its height in ,christ4 ,men are defiled not by external uncleanness1 but by evil thoughts and evil deeds4#aif ,it is lawful to do well on the sabbath days4#aig ,those whose righteousness does not exceed that of the scribes and ,pharisees shall not enter into the kingdom of heaven4#aih ,the first and great commandment is that which #gai enjoins love to ,god1 but the second1 according to which a man shall love his neighbour as himself1 is like unto it4#aii ,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 dogma4#bjj ,the only sin which can never be forgiven either in this world or in the world to come1 is blasphemy against the ,holy ,ghost2#bja and the belief in ,jesus is laid down as indispensable for salvation4#bjb ,according to ,st4 ,paul1 a man is justified by faith alone1 without the deeds of the law4#bjc ,this doctrine1 which makes man's salvation dependent upon his acceptance of the ,messiahship of ,jesus1 has had a lasting influence upon ,christian theology1 and has1 together with certain other dogmas1 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 ,church4 ,footnote #aif3 ,st4 ,matthew1 xv4 #ai sq4 ,st4 ,mark1 vii4 #f sqq4 ,footnote #aig3 ,st4 ,matthew1 xii4 #ab4 ,footnote #aih3 ,ibid4 v4 #bj4 ,footnote #aii3 ,st4 ,matthew1 xxii4 #cg sqq4 ,footnote #bjj3 ,toy1 ,judaism and ,christianity1 p4 #hb sq4 ,footnote #bja3 ,st4 ,matthew1 xii4 #ca sq4 ,st4 ,mark1 iii4 #bh sq4 ,footnote #bjb3 ,st4 ,mark1 xvi4 #af4 ,st4 ,john1 iii4 #ah1 #cf2 viii4 #bd4 ,footnote #bjc3 ,romans1 iii4 #bh4 ,some of the early ,fathers maintained that the interference and suffering of ,christ1 in itself1 unconditionally saved all souls and emptied hell for ever2#bjd but this theory never became popular4 ,according to ,st4 ,augustine and1 subsequently1 ,calvinian theology1 the benefits of the atonement are limited to those whom ,god1 of his sovereign pleasure1 has from eternity arbitrarily elected1 the effect of faith and conversion being not to save the soul1 but simply to convince the soul that it is saved4 ,a third theory--that of ,pelagius1 ,armenius1 and ,luther--attributes to the sufferings of ,christ a conditional efficacy1 depending upon personal faith in his vicarious atonement1 whereas those who for some reason or other do not possess such faith are excluded from salvation4 ,a fourth doctrine1 which early began to be constructed by the ,fathers and was adopted by the ,roman ,catholic and the consistent portion of the ,episcopalian ,church1 declares that by ,christ's vicarious #gbj suffering power is given to the ,church1 a priestly hierarchy1 to save those who confess her authority and observe her rites1 whilst all others are lost4 ,certain sectarians1 like the ,unitarians1 or those liberal ,christians who do not feel themselves tied by the dogmas of any special creed1 are the only ones among whom we meet with the opinion that a free soul1 who by the immutable laws which the ,creator has established may choose between good and evil1 is saved or lost just so far and so long as it partakes of either the former or the latter4#bje ,footnote #bjd3 ,alger1 ,history of the ,doctrine of a ,future ,life1 pp4 #eej-eeb1 #efc4 ,farrar1 ,mercy and ,judgment1 p4 #eh sq4 ,footnote #bje3 ,alger1 op4 cit4 p4 #eec sqq4 ,according to the leading doctrines of ,christianity1 then1 the fates of men beyond the grave are determined by quite other circumstances than what the moral consciousness by itself recognises as virtue or vice4 ,they are all doomed to death and hell in consequence of ,adam's sin1 and their salvation1 if not absolutely predestined1 can only be effected by sincere faith in the atonement of ,christ or by valid reception of sacramental grace at the hands of a priest4 ,persons who on intellectual or moral grounds are unable to accept the dogma of atonement or to acknowledge the authority of an exacting hierarchy1 are subject to the most awful penalties for a sin committed by their earliest ancestor1 and so are the countless millions of heathen who never even had an opportunity to embrace the ,christian religion4 ,luther was considered to have shown an exceptional boldness when he expressed the hope that our dear ,god would be merciful to ,cicero1 and to others like him4#bjf ,in the ,westminster ,confession of ,faith the ,divines declared the opinion that men not professing ,christianity may be saved to be very pernicious1 and to be detested2#bjg and in their ,larger ,catechism they expressly said that they who1 having never heard the gospel1 know not ,jesus ,christ1 and believe not in him1 cannot be saved1 be they never so diligent to frame their lives according to the light of nature1 or the laws of that religion which they profess4#bjh ,this doctrine has had many #gba adherents up to the present time1#bji although a more liberal view in favour of virtuous heathen has obviously been gaining ground4#baj ,even in the case of ,christians errors in belief on such subjects as church government1 the ,trinity1 transubstantiation1 original sin1 and predestination1 have been declared to expose the guilty to eternal damnation4#baa ,in the seventeenth century it was a common theme of certain ,roman ,catholic writers that ,protestancy unrepented destroys salvation1#bab while the ,protestants on their part taxed ,du ,moulin with culpable laxity for admitting that some ,roman ,catholics might escape the torments of hell4#bac ,nathanael ,emmons1 the sage of ,franklin1 tells us that it is absolutely necessary to approve of the doctrine of reprobation in order to be saved4#bad ,footnote #bjf3 ,farrar1 op4 cit4 p4 #adf4 ,footnote #bjg3 ,confession of ,faith1 x4 #d4 ,footnote #bjh3 ,larger ,catechism1 ,answer to ,question #fj4 ,footnote #bji3 ,farrar1 op4 cit4 p4 #adf sq4 ,footnote #baj3 ,prentiss1 ',infant ,salvation1' in ,presbyterian ,review1 iv4 #egf4 ,for earlier instances of this opinion see ,abbot1 ',literature of the ,doctrine of a ,future ,life1' forming an ,appendix to ,alger's ,history of the ,doctrine of a ,future ,life1 pp4 #hei1 #hfc1 #hfe4 ,footnote #baa3 ,abbot1 loc4 cit4 p4 #hfc4 ,footnote #bab3 ,wilson1 ,charity ,mistaken1 with the ,want whereof ,catholickes are unjustly charged1 for affirming 4 4 4 that ,protestancy unrepented destroys ,salvation4 ,footnote #bac3 ,abbot1 loc4 cit4 p4 #hfj4 ,footnote #bad3 ,emmons1 ,works1 iv4 #ccf4 ,besides the heathen there is another large class of people whom ,christian theology has condemned to hell for no fault of theirs1 namely1 infants who have died unbaptised4 ,from a very early age the water of baptism was believed by the ,christians to possess a magic power to wipe away sin1#bae and since the days of ,st4 ,augustine it was deemed so indispensable for salvation that any child dying without the bath of regeneration was regarded as lost for ever4#baf ,st4 ,augustine admitted that the punishment of such children was of the mildest sort1#bag but other writers were more severe2 ,st4 ,fulgentius condemned to everlasting punishment in eternal fire even infants who died in their mother's womb4#bah ,however1 #gbb the notion that unbaptised children will be tormented1 gradually gave way to a more humane opinion4 ,in the middle of the twelfth century ,peter ,lombard determined that the proper punishment of original sin1 when no actual sin is added to it1 is the punishment of loss1 that is1 loss of heaven and the sight of ,god1 but not the punishment of sense1 that is1 positive torment4 ,this doctrine was confirmed by ,innocentius ,,iii4 and shared by the large majority of the schoolmen1 who assumed the existence of a place called limbus1 or infernus puerorum1 where unbaptised infants will dwell without being subject to torture4#bai ,but the older view was again set up by the ,protestants1 who generally maintained that the due punishment of original sin is1 in strictness1 damnation in hell1 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 it1 together with their prayers1 will be accepted with ,god for the deed4#bbj ,in the ,confession of ,augsburg the ,anabaptistic doctrine is emphatically condemned2#bba and although ,zwingli rejected the dogma that infants dying without baptism are lost1 and ,calvin1 in harmony with his theory of election1 refused to tie the salvation of infants to an outward rite1 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 centuries4#bbb ,the damnation of infants was in fact an acknowledged doctrine of ,calvinism1#bbc though an exception was made for the children of pious parents4#bbd ,but in the latter part of the eighteenth century ,toplady1 who was a vehement ,calvinist1 avowed #gbc his belief in the universal salvation of all departed infants1 whether baptised or unbaptised4#bbe ,and a hundred years later ,dr4 ,hodge thought he was justified in stating that the common opinion of evangelical ,protestants was that all who die in infancy are saved4#bbf ,the accuracy of this statement1 however1 seems somewhat doubtful4 ,in #ahhc ,mr4 ,prentiss wrote of the doctrine of infant salvation independently of baptism3--,my own impression is that1 had it been taught as unequivocally in the ,presbyterian ,church even a third of a century ago1 by a theologian less eminent than ,dr4 ,hodge for orthodoxy1 piety1 and weight of character1 it would have called forth an immediate protest from some of the more conservative1 old-fashioned ,calvinists4#bbg ,footnote #bae3 ,tertullian1 ,de baptismo1 #a sqq4 7,migne1 ,patrologi cursus1 i4 #aaig sqq474 ,harnack1 ,history of ,dogma1 i4 #bjf sq42 ii4 #bbg4 ,stanley1 ,christian ,institutions1 p4 #af4 ,lewis1 ,paganism surviving in ,christianity1 pp4 #gb1 #gc1 #abi1 #add sq4 ,footnote #baf3 ,bingham1 ,works1 iii4 #dhh sqq4 ,prentiss1 loc4 cit4 p4 #edi4 ,footnote #bag3 ,st4 ,augustine1 ,de peccatorum meritis et remissione1 i4 #af 7,migne1 op4 cit4 xliv4 #af74 ,footnote #bah3 ,st4 ,fulgentius1 ,de fide1 #bg 7,migne1 op4 cit4 lxv4 #gja74 ,footnote #bai3 ,wall1 ,history of ,infant-,baptism1 i4 #dfj sq4 ,footnote #bbj3 ,ibid4 i4 #dfb1 #dfh4 ,luther and his followers1 however1 speak more doubtfully about the efficacy of the parents' unrealised intention1 and lay much stress on actual baptism 7ibid4 i4 #dfi74 ,footnote #bba3 ,augsburg ,confession1 i4 #i4 ,footnote #bbb3 ,prentiss1 loc4 cit4 p4 #eej4 ,footnote #bbc3 ,calvin1 ,institutio ,christiana religionis1 iv4 #ae4 #aj1 vol4 ii4 #cga4 ,norton1 ,tracts concerning ,christianity1 p4 #agi sqq4 ,footnote #bbd3 ,calvin1 op4 cit4 iv4 #af4 #i1 vol4 ii4 #chc sq4 ,wall1 op4 cit4 i4 #dfi4 ,anderson1 ',introductory ,essay1' to ,logan's ,words of ,comfort for ,parents bereaved of ,little ,children1 p4 xxi4 ,footnote #bbe3 ,toplady1 ,works1 p4 #fde sq4 ,footnote #bbf3 ,hodge1 ,systematic ,theology1 i4 #bf sq4 ,footnote #bbg3 ,prentiss1 loc4 cit4 p4 #eei4 ,see also ,anderson1 loc4 cit4 p4 xxiii4 ,in order fully to realise the true import of the dogma of damnation it is necessary to consider the punishment in store for the condemned4 ,the immense bulk of the ,christians have always regarded hell and its agonies as material facts4#bbh ,origen1 who was a ,platonist and an heretic on many points1 was severely censured for saying that the fire of hell was inward and of the conscience rather than outward and of the body2#bbi and in the later ,middle ,ages ,scotus ,erigena showed unusual audacity in questioning the locality of hell and the material tortures of the condemned4#bcj ,the punishment is burning--a penalty which even in the most barbaric codes is reserved for the very gravest crimes2 and some great divines1 like ,jeremy ,taylor and ,jonathan ,edwards1 have been anxious to point out that the fire of hell is infinitely more painful than any fire on earth1 being fierce enough to melt the very rocks and elements4#bca ,this awful punishment also exceeds in dreadfulness anything which even the most vivid imagination can conceive1 because it will last not for a passing moment1 #gbd nor for a year or a hundred1 thousand1 million1 or milliard years1 but for ever and ever4 ,in case any doubt should arise as regards the physical capacity of the damned to withstand the heat1 we are assured by some modern theologians that their bodies will be annealed like glass or asbestos-like or of the nature of salamanders4#bcb ,this1 then1 is the future state of the large majority of men1 quite independently of any fault of their own1 or of the degree of their guilt4#bcc ,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 misery1 but we are told that the case is just the reverse4 ,they become as merciless as their god4 ,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 richly4#bcd ,and the ,puritans1 especially1 have revelled in the idea that the sight of hell torments will exalt the happiness of the saints for ever1 as a sense of the opposite misery always increases the relish of any pleasure4#bce ,footnote #bbh3 ,alger1 op4 cit4 p4 #eaf4 ,footnote #bbi3 ,ibid4 p4 #eaf4 ,footnote #bcj3 ,milman1 ,history of ,latin ,christianity1 ix4 #hh1 n4 k4 ,footnote #bca3 ,alger1 op4 cit4 p4 #eaf sq4 ,footnote #bcb3 ,alger1 op4 cit4 pp4 #eah1 #ebj4 ,cf4 ,st4 ,augustine1 ,de ,civitate ,dei1 xxi4 #b sqq4 ,footnote #bcc3 ,for the numbers of souls supposed to be lost see ,alger1 op4 cit4 p4 #ecj sqq4 ,st4 ,chrysostom 7,in ,acta ,apostolorum ,homil4 ,,xxiv4 #d 7,migne1 op4 cit4 ,ser4 ,graeca1 lx4 #ahi7 doubted whether out of the many thousands of souls constituting the ,christian population of ,antioch in his day one hundred would be saved4 ,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 7nay probably not one in a million7 from ,adam down to our times1 shall be saved 7,du-,moulin1 ,moral ,reflections upon the ,number of the ,elect1 title page74 ,footnote #bcd3 ,thomas ,aquinas1 ,summa theologica1 iii4 ,supplementum1 qu4 xciv4 #a4 #b 7,migne1 op4 cit4 ,ser4 ,secunda1 iv4 #acic74 ,footnote #bce3 ,jonathan ,edwards1 ,works1 vii4 #dhj4 ,alger1 op4 cit4 p4 #eda4 ,in the present times there is a distinct tendency among ,christian theologians to humanise somewhat the doctrines of the future life4#bcf ,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 adherents1 it must be admitted that its #gbe conception of a heavenly ,father and ,judge has been utterly inconsistent with all ordinary notions of goodness and justice4 ,calvin himself avowed that the decree according to which the fall of ,adam involved1 without remedy1 in eternal death so many nations together with their infant children1 was a horrible one4 ,but1 he adds1 no one can deny that ,god foreknew the future final fate of man before he created him1 and that he did foreknow it because it was appointed by his own decree4#bcg ,footnote #bcf3 ,thus the doctrine of endless torments is opposed by a considerable number of theologians 7,alger1 op4 cit4 p4 #edf71 and1 if held1 is not practically taught by the vast majority of the ,english clergy 7,stanley1 op4 cit4 p4 #id74 ,footnote #bcg3 ,calvin1 op4 cit4 iii4 #bc4 #g1 vol4 ii4 #aea4 ,like ,christianity1 ,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 justice4 ,the god of ,islam is addressed as the compassionate and merciful2 but his love is restricted to those who fear1#bch and his mercy can only be gained by that submissiveness or self-surrender which is indicated by the very name of ,islam4 ,he demands a righteous life1 he punishes the wrongdoer and rewards the charitable4#bci ,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 life1 with due rewards or penalties according to his fulfilment of these regulations4#bdj ,the whole constitution of the ,state has on it a divine stamp2 as an ,arab proverb says1 country and religion are twins4#bda ,but foremost among duties is to believe in ,god and his ,prophet4 ,god1 it is said1 does not pardon polytheism and infidelity1 but ,he can1 if ,he willeth1 pardon other crimes4#bdb ,and the pillars of religion are the five duties of reciting the ,kalimah or creed1 of performing the five stated daily prayers1 of fasting--especially in the month of ,ramad4n1--of giving the legal alms1 and of making the pilgrimage to ,mecca4#bdc ,these duties are based on clear #gbf sentences of the ,koran1 but the traditions have raised the most trivial ceremonial observances into duties of the greatest importance4 ,it is true that hypocrisy and formalism without devotion were strongly condemned by ,muhammed4 ,righteousness1 he said1 is not that ye turn your faces towards the ,east or the ,west1 but righteousness is1 one who believes in ,god1 and the last day1 and the angels1 and the ,book1 and the prophets1 and who gives wealth for ,his love to kindred1 and orphans1 and the poor1 and the son of the road1 and beggars1 and those in captivity2 and who is steadfast in prayer1 and gives alms2 and those who are sure of their covenant when they make a covenant2 and the patient in poverty1 and distress1 and in time of violence2 these are they who are true1 and these are those who fear4#bdd ,yet in ,muhammedanism1 as in other ritualistic religions1 the chief importance is practically attached to the punctual performance of outward ceremonies1 and the virtue of prayer is made dependent upon an ablution4#bde ,in the future life the felicity or suffering of each person will be proportionate to his merits or demerits1#bdf but the admittance into paradise depends in the first place on faith4 ,those who believe1 and act righteously1 and are steadfast in prayer1 and give alms1 theirs is their hire with their ,lord4#bdg ,those who have acknowledged the faith of ,islam and yet acted wickedly will be punished in hell for a certain period1 but will finally enter paradise4#bdh ,as regards the future state of certain infidels the ,koran contains contradictory statements4 ,in one place it is said1 ,verily1 whether it be of those who believe1 or those who are ,jews or ,christians or ,sabaeans1 whosoever believe in ,god and #gbg the last day and act aright1 they have their reward at their ,lord's hand1 and there is no fear for them1 nor shall they grieve4#bdi ,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 lost4#bej ,the punishments inflicted upon unbelievers are no less horrible than the torments of the ,christian hell4 ,yet in one point the ,muhammedan doctrine of the future life is more merciful than the dogmas of ,christianity4 ,the children of believers will all go to paradise1 and the children of unbelievers are generally supposed to escape hell4 ,some think they will be in ,a7rf1 a place situated between heaven and hell2 whilst others maintain that they will be servants to the true believers in paradise4#bea ,footnote #bch3 ,koran1 iii4 #gj4 ,footnote #bci3 ,supra1 i4 #eec4 ,footnote #bdj3 ,cf4 ,muir1 ,life of ,mahomet1 iii4 #bie sq42 ,lane-,poole1 ,studies in a ,mosque1 p4 #aja4 ,footnote #bda3 ,sell1 ,faith of ,islm1 pp4 #ai1 #ci4 ,footnote #bdb3 ,ibid4 p4 #bda4 ,footnote #bdc3 ,ibid4 p4 #bea4 ,footnote #bdd3 ,koran1 ii4 #agb4 ,footnote #bde3 ,cf4 ,polak1 ,persien1 i4 #i2 ,wallin1 ,reseanteckningar frn ,orienten1 iv4 #bhd sq42 ,sell1 op4 cit4 p4 #bef4 ,footnote #bdf3 ,lane1 ,manners and ,customs of the ,modern ,egyptians1 i4 #ie sq4 ,sell1 op4 cit4 p4 #bca4 ,lane-,poole1 ,studies in a ,mosque1 p4 #cai4 ,footnote #bdg3 ,koran1 ii4 #bgg4 ,footnote #bdh3 ,lane1 op4 cit4 i4 #ie4 ,sell1 op4 cit4 p4 #bbh4 ,the ,mu7tazilas1 however1 teach that the ,muslim who enters hell will remain there for ever4 ,they maintain that the person who1 having committed great sins1 dies unrepentant1 though not an infidel1 ceases to be a believer1 and hence suffers as the infidels do1 though the punishment is lighter than that which an infidel receives 7,sell1 op4 cit4 pp4 #bbi1 #bda74 ,footnote #bdi3 ,koran1 ii4 #ei4 ,footnote #bej3 ,ibid4 iii4 #gi4 ,sell1 op4 cit4 p4 #cei sq4 ,footnote #bea3 ,sell1 op4 cit4 p4 #bjd sq4 ,the formalism of ,muhammedan orthodoxy has from time to time called forth protests from minds with deeper aspirations4 ,the earlier ,muhammedan mystics sought to impart life to the rigid ritual2#beb and in the nineteenth century ,bbism revolted against orthodox ,islam1 opposing bigotry and enjoining friendly intercourse with persons of all religions4#bec ,at present there are some liberal ,muhammedans who set aside the scholastic tradition1 maintain the right of private interpretation of the ,koran1 and warmly uphold the adaptability of ,islam to the most advanced ideas of civilisation4#bed ,to them ,muhammed's mission was chiefly that of a moral reformer4 ,in ,islam1 says ,syed ,ameer ,ali1 the service of man and the good of humanity constitute pre-eminently the service and worship of ,god4#bee ,footnote #beb3 ,ibid4 p4 #aaj4 ,footnote #bec3 ,ibid4 p4 #acf sqq4 ,footnote #bed3 ,ameer ,ali1 ,life and ,teachings of ,mohammed1 passim4 ,idem1 ,ethics of ,islm1 passim4 ,cf4 ,lane-,poole1 ,studies in a ,mosque1 p4 #cbd2 ,sell1 op4 cit4 p4 #aih sq4 ,footnote #bee3 ,ameer ,ali1 ,ethics of ,islm1 p4 #c sq4 ,idem1 ,life and ,teachings of ,mohammed1 p4 #bgd4 ,in the next chapter ,i shall try to explain the chief facts now set forth relating to gods as guardians of 9999worldly morality4 ,,chapter ,,lii ,,gods ,,as ,,guardians ,,of ,,morality 7concluded7 ,,we have seen that the gods of uncivilised races are to a very large extent of a malevolent character1 that they as a rule take little interest in any kind of human conduct which does not affect their own welfare1 and that1 if they show any signs of moral feelings1 they may be guardians either of tribal customs in general or only of some special branch of morality4 ,among peoples of a higher culture1 again1 the gods are on the whole benevolent to mankind1 when duly propitiated4 ,they by preference resent offences committed against themselves personally2 but they also avenge social wrongs of various kinds1 they are superintendents of human justice1 and are even represented as the originators and sustainers of the whole moral order of the world4 ,the gods have thus experienced a gradual change for the better2 until at last they are described as ideals of moral perfection1 even though1 when more closely scrutinised1 their goodness and notions of justice are found to differ materially from what is deemed good and just in the case of men4 ,the malevolence of savage gods is in accordance with the theory that religion is born of fear4 ,the assumed originators of misfortunes were naturally regarded as enemies to be propitiated1 whilst fortunate events1 if attracting sufficient attention and appearing sufficiently marvellous to suggest a supernatural cause1 were commonly ascribed to beings who were too good to require #gbi worship4 ,but growing reflection has a tendency to attribute more amiable qualities to the gods4 ,the religious consciousness of men becomes less exclusively occupied with the hurts they suffer1 and comes more and more to reflect upon the benefits they enjoy4 ,the activity of a god which displays itself in a certain phenomenon1 or group of phenomena1 appears to them on some occasions as a source of evil1 but on other occasions as a source of good2 hence the god is regarded as partly malevolent1 partly benevolent1 and in all circumstances as a being who must not be neglected4 ,moreover1 a god who is by nature harmless or good may by proper worship be induced to assist man in his struggle against evil spirits4#a ,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 himself4 ,nothing1 indeed1 seems to have contributed more towards the improvement of nature gods than the expansion of their sphere of activity4 ,when supernatural beings can exert their power in the various departments of life1 men naturally choose for their gods those among them who with great power combine the greatest benevolence4 ,men have selected their gods according to their usefulness4 ,among the ,maoris a mere trifle1 or natural casualty1 will induce a native 7or a whole tribe7 to change his ,atua4#b ,the negro1 when disappointed in some of his speculations1 or overtaken by some sad calamity1 throws away his fetish1 and selects a new one4#c ,when hard-pressed1 the ,samoyede1 after invoking his own deities in vain1 addresses himself to the ,russian god1 promising to become his worshipper if he relieves him from his distress2 and in most cases he is said to be faithful to his promise1 though he may still try to keep on good terms with his former gods by occasionally #gcj offering them a sacrifice in secret4#d ,north ,american ,indians attribute all their good or bad luck to their ,manitou1 and if the ,manitou has not been favourable to them1 they quit him without any ceremony1 and take another4#e ,among many of the ancient ,indians of ,central ,america there was a regular and systematical selection of gods4 ,father ,blas ,valera says that their gods had annual rotations and were changed each year in accordance with the superstitions of the people4 ,the old gods were forsaken as infamous1 or because they had been of no use1 and other gods and demons were elected4 4 4 4 ,sons when they inherited1 either accepted or repudiated the gods of their fathers1 for they were not allowed to hold their pre-eminence against the will of the heir4 ,old men worshipped other greater deities1 but they likewise dethroned them1 and set up others in their places when the year was over1 or the age of the world1 as the ,indians had it4 ,such were the gods which all the nations of ,mexico1 ,chiapa1 and ,guatemala worshipped1 as well as those of ,vera ,paz1 and many other ,indians4 ,they thought that the gods selected by themselves were the greatest and most powerful of all the gods4#f ,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 believers4 ,footnote #a3 von ,rosenberg1 ,der malayische ,archipel1 p4 #afb 7,niase74 ,howard1 ,life with ,trans-,siberian ,savages1 p4 #aib 7,ainu74 ,georgi1 ,russia1 iii4 #bgc sq4 7shamanistic peoples of ,siberia74 ,buch1 ',die ,wotjaken1' in ,acta ,soc4 ,scient4 ,fennic1 xii4 #fcc4 ,supra1 ii4 #gja1 #gjb1 #gjd sq4 ,footnote #b3 ,polack1 ,manners and ,customs of the ,new ,zealanders1 i4 #bcc4 ,footnote #c3 ,wilson1 ,western ,africa1 p4 #bab4 ,footnote #d3 ,ahlqvist1 ',unter ,wogulen und ,ostjaken1' in ,acta ,soc4 ,scient4 ,fennic1 xiv4 #bdj4 ,footnote #e3 ,bossu1 ,travels through ,louisiana1 p4 #ajc4 ,frazer1 ,totemism1 p4 #ee4 ,footnote #f3 ,blas ,valera1 quoted by ,garcilasso de la ,vega1 ,first ,part of the ,royal ,commentaries of the ,yncas1 i4 #abd sq4 ,but men not only select as their gods such supernatural beings as may be most useful to them in their struggle for life1 they also magnify their good qualities in worshipping them4 ,praise and exaggerating eulogy are common in the mouth of a devout worshipper4 ,in ancient ,egypt the god of each petty state was within it held to be the ruler of the gods1 the creator of the world1 and the giver of all good things4#g ,so also in ,chaldea the god of #gca a town was addressed by its inhabitants with the most exalted epithets1 as the master or king of all the gods4#h ,the ,vedic poets were engrossed in the praise of the particular deity they happened to be invoking1 exaggerating his attributes to the point of inconsistency4#i ,every virtue1 every excellence1 says ,hume1 must be ascribed to the divinity1 and no exaggeration will be deemed sufficient to reach those perfections with which he is endowed4#aj ,the tendency of the worshipper to extol his god beyond all measure is largely due to the idea that the god is fond of praise1#aa but it may also be rooted in a sincere will to believe or in genuine admiration4 ,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 endeavours4#ab ,as the ,greeks attributed their victory over the ,persians to the assistance of ,zeus1#ac so the ,romans maintained that the grandeur of their city was the work of the gods whom they had propitiated by sacrifices4#ad ,footnote #g3 ,wiedemann1 ,religion of the ,ancient ,egyptians1 p4 #aa4 ,footnote #h3 ,mrdter-,delitzsch1 ,geschichte ,babyloniens und ,assyriens1 p4 #bd4 ,footnote #i3 ,macdonell1 ,vedic ,mythology1 p4 #af sq4 ,barth1 ,religions of ,india1 p4 #bf4 ,hopkins1 ,religions of ,india1 p4 #aci4 ,footnote #aj3 ,hume1 ,philosophical ,works1 iv4 #cec4 ,footnote #aa3 ,see supra1 ii4 #fec sq4 ,footnote #ab3 ,cf4 ,oldenberg1 ,die ,religion des ,veda1 p4 #bha2 ,macdonell1 op4 cit4 p4 #ah4 ,footnote #ac3 ,supra1 ii4 #gac4 ,footnote #ad3 ,cicero1 ,de natura deorum1 iii4 #b4 ,the benevolence of a god1 however1 does not imply that he acts as a moral judge4 ,a friendly god is not generally supposed to bestow his favours gratuitously2 it is hardly probable1 then1 that he should meddle with matters of social morality out of sheer kindliness and of his own accord4 ,but by an invocation he may be induced to reward virtue and punish vice4 ,we have often noticed how closely the retributive activity of gods is connected with the blessings and curses of men4 ,in order to give efficacy to their good or evil wishes men appeal to some god1 or simply bring in his name when they pronounce a blessing or a curse2 and if this is regularly done in connection with some particular kind of conduct1 the idea may grow up that the god rewards or punishes it even independently of #gcb any human invocation4 ,moreover1 powerful curses1 as those uttered by parents or strangers1 may be personified as supernatural beings1 like the ,greek ,erinyes2 or the magic energy inherent in a blessing or a curse may become an attribute of the chief god1 owing to the tendency of such a god to attract supernatural forces which are in harmony with his general nature4#ae ,so also1 the notion of a persecuting ghost may be changed into the notion of an avenging god4#af ,various departments of social morality have thus come to be placed under the supervision of gods3 the rights of life#ag and property1#ah charity#ai and hospitality1#bj the submissiveness of children1#ba truthspeaking and fidelity to a given promise4#bb ,that gods are so frequently looked upon as guardians of truth and good faith is1 as we have seen1 mainly a result of the common practice of confirming a statement or promise by an oath2 and where the oath is an essential element in the judicial proceedings1 as was the case in the archaic ,state1#bc the consequence is that the guardianship of gods is extended to the whole sphere of justice4 ,truth and justice are repeatedly mentioned hand in hand as matters of divine concern4 ,we have seen how frequently the same gods as are appealed to in oaths or ordeals are described as judges of human conduct4#bd ,en gypte1 says ,m4 ,amlineau1 la vrit et la justice n'avaient qu'un seul et mme nom1 ,mt1 qui veut aussi bien dire vrit que justice1 et justice que vrit4#be ,zeus presided over assemblies and trials2#bf according to a law of ,solon1 the judges of ,athens had to swear by him4#bg ,and the ,erinyes1 the personifications of oaths and curses1 are sometimes represented by poets and philosophers as guardians of right in general4#bh ,footnote #ae3 ,see supra1 ii4 #fh4 ,footnote #af3 ,supra1 i4 #cgh sq4 ,footnote #ag3 ,supra1 i4 #cgi sqq4 ,footnote #ah3 ,supra1 ii4 #ei sqq4 ,footnote #ai3 ,supra1 i4 #efa sqq4 ,footnote #bj3 ,supra1 i4 #egh sqq4 ,footnote #ba3 ,supra1 i4 #fba sqq4 ,footnote #bb3 ,supra1 ii4 #aad sqq4 ,footnote #bc3 ,leist1 ,grco-italische ,rechtsgeschichte1 p4 #bbh4 ,footnote #bd3 ,supra1 ii4 #aae1 #aaf1 #aba1 #abb1 #fhf1 #fhg1 #fii4 ,footnote #be3 ,amlineau1 ,l'volution des ides morales dans l'gypte ancienne1 p4 #ahg4 ,see also supra1 ii4 #aae1 #fii4 ,footnote #bf3 ,farnell1 ,cults of the ,greek ,states1 i4 #eh4 ,footnote #bg3 ,pollux1 ,onomasticum1 viii4 #ab4 #adb4 ,footnote #bh3 ,rohde1 ,psyche1 p4 #bdf4 #gcc ,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 vice4#bi ,but this conclusion is certainly not true in general4 ,malevolent gods cannot be supposed to feel emotions which essentially presuppose altruistic sentiments2 and1 as we have just noticed1 an invocation is frequently required to induce benevolent gods to interfere with the worldly affairs of men4 ,moreover1 where the system of private retaliation prevails1 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 wrongs4 ,but it is quite probable that such analogies have in some cases made gods guardians of morality at large1 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 living1 and who are notoriously opposed to any deviation from ancient custom4#cj ,i also admit that the conception of a great or supreme god may perhaps1 independently of his origin1 involve retributive justice as a natural consequence of his power and benevolence towards his people4 ,yet it is obvious that even a god like ,zeus was more influenced by the invocation of a suppliant than by his sense of justice4 ,dr4 ,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 retribution4#ca ,hermes was addressed by thieves as their patron4#cb ,according to the ,talmud the thief invokes ,god while he breaks into the house4#cc ,and the ,italian bandit begs the ,virgin herself to bless his endeavours4 ,footnote #bi3 ,adam ,smith1 ,theory of ,moral ,sentiments1 p4 #bcb sq4 ,darwin1 ,descent of ,man1 p4 #ie4 ,tiele1 ,elements of the ,science of ,religion1 i4 #ib sq4 ,footnote #cj3 ,see supra1 ii4 #eai sq4 ,cf4 ,tylor1 ,anthropology1 p4 #cfi2 ,macdonald1 ,religion and ,myth1 p4 #bbi4 ,footnote #ca3 ,farnell1 op4 cit4 i4 #ff sq4 ,footnote #cb3 ,schmidt1 ,die ,ethik der alten ,griechen1 i4 #acf4 ,footnote #cc3 ,deutsch1 ,literary ,remains1 p4 #eg4 ,at the same time we must again remember that men #gcd ascribe to their gods not only ordinary human qualities but excellences of various kinds1 and among these may also be a strong desire to punish wickedness and to reward virtue4 ,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 mankind4 ,if flattery and admiration make the deity all-wise1 all-powerful1 all-good1 they also make him the supreme judge of human conduct4 ,and there is yet another reason for investing him with the moral government of the world4 ,the claims of justice are not fully satisfied on this earth1 where it only too often happens that virtue is left unrewarded and vice escapes unpunished1 that right succumbs and wrong triumphs2 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 deity1 who alone can repair the evils and injustices of the present4 ,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 convincing4 ,kant maintained that we must postulate a future life in which everybody's happiness is proportionate to his virtue1 and that such a postulate involves the belief in a ,god of infinite power1 wisdom1 and goodness who governs the moral as well as the physical world4 ,not even ,voltaire could rid himself of the notion of a rewarding and avenging deity1 whom1 if he did not exist1 it would be necessary to invent4 ,the belief in a god who acts as a guardian of 9999worldly morality undoubtedly gives emphasis to its rules4 ,to the social and legal sanctions a new one is added1 which derives particular strength from the supernatural power and knowledge of the deity4 ,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 men4 ,but on the other hand there are also certain circumstances which considerably detract from the #gce influence of the religious sanction when compared with other sanctions of morality4 ,the supposed punishments and rewards of the future life have the disadvantage of being conceived as very remote2 and fear and hope decrease in inverse ratio to the distance of their objects4 ,men commonly live in the happy illusion that death is far off1 even though it in reality is very near1 hence also the retribution after death appears distant and unreal and is comparatively little thought of by the majority of people who believe in it4 ,moreover1 there seems always to be time left for penance and repentance4 ,manzoni himself admitted1 in his defence of ,roman ,catholicism1 that many people think it an easy matter to procure that feeling of contrition by which1 according to the doctrine of the ,church1 sins may be cancelled1 and therefore encourage themselves in the commission of crime through the facility of pardon4 ,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 facts4 ,we hear from trustworthy witnesses that unadulterated savages follow their own rules of morality no less strictly1 or perhaps more strictly1 than civilised people follow theirs4 ,nay1 it is a common experience that contact with a higher civilisation exercises a deteriorating influence upon the conduct of uncultured races1 although we may be sure that ,christian missionaries do not fail to impart the doctrine of hell to their savage converts4 ,it has also been noticed that a high degree of religious devotion is frequently accompanied by great laxity of morals4 ,of the ,bedouins ,mr4 ,blunt writes that1 with one or two exceptions1 the practice of religion may be taken as the sure index of low morality in a tribe4#cd ,wallin1 who had an intimate and extensive knowledge of ,muhammedan peoples1 often found that those ,muslims who attended to their prayers most regularly were the greatest scoundrels4#ce ,one of the most remarkable traits #gcf in the character of the ,copts1 says ,lane1 is their bigotry2 and at the same time they are represented as deceitful1 faithless1 and abandoned to the pursuit of worldly gain1 and to indulgence in sensual pleasure4#cf ,among two hundred ,italian murderers ,ferri did not find one who was irreligious2 and ,naples1 which has the worst record of any ,european city for crimes against the person1 is also the most religious city in ,europe4#cg ,on the other hand1 according to ,dr4 ,havelock ,ellis1 it seems extremely rare to find intelligently irreligious men in prison2#ch and ,laing1 who himself was anything but sceptical1 observed that there was no country in ,europe where there was so much morality and so little religion as ,switzerland4#ci ,most religions contain an element which constitutes a real peril to the morality of their votaries4 ,they have introduced a new kind of duties--duties towards gods2--and1 as we have noticed above1 even where religion has entered into close union with worldly morality1 much greater importance has been attached to ceremonies or worship or the niceties of belief than to good behaviour towards fellow men4 ,people think that they may make up for lack of the latter by orthodoxy or pious performances4 ,a ,christian bishop of the seventh century1 who was canonised by the ,church of ,rome1 described a good ,christian as a man who comes frequently to church2 who presents the oblation which is offered to ,god upon the altar2 who doth not taste of the fruits of his own industry until he has consecrated a part of them to ,god2 who1 when the holy festivals approach1 lives chastely even with his own wife during several days1 that with a safe conscience he may draw near the altar of ,god2 and who1 in the last place1 can repeat the ,creed and the ,lord's ,prayer4#dj ,a scrupulous observance of external ceremonies--that is all which in this description is required #gcg of a good ,christian4 ,and since then popular ideas on the subject have undergone but little change4 ,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 duty2 that a murderer or adulterer will be easily absolved by the ,church1 and even maintain his character in society2 but that a man who eats a pigeon on a ,saturday is abhorred as a monster of reprobation4#da ,in the nineteenth century ,simonde de ,sismondi could write3--,plus chaque homme vicieux a t rgulier observer les commandemens de l'glise1 plus il se sent dans son coeur dispens de l'observation de cette morale cleste1 laquelle il faudroit sacrifier ses penchans dpravs4#db ,and how many a ,protestant does not imagine that by going to church on ,sundays he can sin more freely on the six days between4 ,footnote #cd3 ,mr4 ,blunt1 in ,lady ,anne ,blunt's ,bedouin ,tribes of the ,euphrates1 ii4 #bag4 ,footnote #ce3 ,wallin1 ,reseanteckningar frn ,orienten1 iii4 #aff4 ,footnote #cf3 ,lane1 ,manners and ,customs of the ,modern ,egyptians1 p4 #eea4 ,footnote #cg3 ,havelock ,ellis1 ,the ,criminal1 p4 #aef4 ,footnote #ch3 ,ibid4 p4 #aei4 ,footnote #ci3 ,laing1 ,notes of a ,traveller1 pp4 #cbc1 #cbd1 #ccc4 ,footnote #dj3 ,robertson1 ,history of the ,reign of the ,emperor ,charles ,v4 i4 #bhb sq4 ,footnote #da3 ,smollett1 quoted by ,kames1 ,sketches of the ,history of ,man1 iv4 #chj4 ,footnote #db3 ,simonde de ,sismondi1 ,histoire des rpubliques italiennes du moyen-ge1 xvi4 #dai4 ,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 motives4 ,christianity itself has1 essentially1 been regarded as a means of gaining a blessed hereafter4 ,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 ,christ4#dc ,in moral education example plays a more important part than precept4 ,but even in this respect ,christianity has unfortunately little reason to boast of its achievements4 ,footnote #dc3 ,hobhouse1 ,morals in ,evolution1 ii4 #aei4 ,,chapter ,,liii ,,conclusion ,,we have completed our task4 ,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 evolution4 ,our study of the origin and development of the moral ideas was divided into three main sections4 ,as moral ideas are expressed in moral judgments1 we had to examine the general nature of both the predicates and the subjects of such judgments1 as well as the moral valuation of the chief branches of conduct with which the moral consciousness of mankind concerns itself4 ,and in each case our aim was not only to describe or analyse but also to explain the phenomena which came under our observation4 ,the theory was laid down that the moral concepts1 which form the predicates of moral judgments1 are ultimately based on moral emotions1 that they are essentially generalisations of tendencies in certain phenomena to call forth either indignation or approval4 ,it was therefore necessary for us to investigate the nature and origin of these emotions1 and subsequently to consider their relations to the various moral concepts4 ,we found that the moral emotions belong to a wider class of emotions1 which may be described as retributive2 that moral disapproval is a kind of resentment1 akin to #gci anger and revenge1 and that moral approval is a kind of retributive kindly emotion1 akin to gratitude4 ,at the same time they differ from kindred non-moral emotions by their disinterestedness1 apparent impartiality1 and flavour of generality4 ,as for the origin of the retributive emotions1 we may assume that they have been acquired by means of natural selection in the struggle for existence2 both resentment and retributive kindly emotion are states of mind which have a tendency to promote the interests of the individuals who feel them4 ,this explanation also applies to the moral emotions in so far as they are retributive3 it accounts for the hostile attitude of moral disapproval towards the cause of pain1 and for the friendly attitude of moral approval towards the cause of pleasure4 ,our retributive emotions are always reactions against pain or pleasure felt by ourselves2 this holds true of the moral emotions as well as of revenge and gratitude4 ,but how shall we explain those elements in the moral emotions by which they are distinguished from other1 non-moral retributive emotions8 ,first1 why should we1 quite disinterestedly1 feel pain evoking indignation because our neighbour is hurt1 and pleasure calling forth approval because he is benefited8 ,we noticed that sympathy aided by the altruistic sentiment--sympathy in the common sense of the word--tends to produce disinterested retributive emotions4 ,in all animal species which possess the altruistic sentiment in some form or other we may be sure to find sympathetic resentment as its accompaniment4 ,and this sentiment may also give rise to disinterested retributive kindly emotion1 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 envy4 ,moreover1 sympathetic retributive emotions may not only be reactions against sympathetic pain or pleasure1 but may also be directly produced by the cognition of the signs of resentment or of the signs of retributive kindliness4 ,punishments and #gdj rewards tend to reproduce the emotions from which they sprang1 and language communicates retributive emotions by terms of condemnation and by terms of praise4 ,finally1 there are cases of disinterested retributive emotions into which sympathy does not enter at all--sentimental antipathies and likings quite disinterested in character4 ,there are thus various ways in which disinterested retributive emotions may originate4 ,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 emotions8 ,to this question the following answer was given3--,society is the birthplace of the moral consciousness4 ,the first moral judgments expressed not the private emotions of isolated individuals but emotions which were felt by the community at large4 ,public indignation is the prototype of moral disapproval and public approval the prototype of moral approbation4 ,and these public emotions are characterised by generality1 individual disinterestedness1 and apparent impartiality4 ,the moral emotions give rise to a variety of moral concepts1 which are in different ways connected with the emotions from which they were derived4 ,thus moral disapproval is at the bottom of the concepts bad1 vice1 and wrong1 ought and duty1 right and rights1 justice and injustice2 whilst moral approval has led to the concepts good1 virtue1 and merit4 ,it has1 in particular1 been of fundamental importance for the whole of our investigation to recognise the true contents of the notions of ought and duty4 ,if these concepts were unanalysable1 as they have often been represented to be1 any attempt to explain the origin and development of the moral ideas would1 in my opinion1 be a hopeless failure4 ,from the predicates of moral judgments we proceeded to consider their subjects4 ,generally speaking1 such judgments are passed on conduct or character1 and #gda allowance is made for the various elements of which conduct and character are composed in proportion as the moral judgment is scrutinising and enlightened4 ,it is only owing to ignorance or lack of due reflection if1 as is often the case1 moral estimates are influenced by external events which are entirely independent of the agent's will2 if individuals who are incapable of recognising any act of theirs as right or wrong are treated as responsible beings2 if motives are completely or partially disregarded2 if little cognisance is taken of forbearances in comparison with acts2 if want of foresight or want of self-restraint is overlooked when the effect produced by it is sufficiently remote4 ,we were also able to explain why moral judgments are passed on conduct and character4 ,this is due to the facts that moral judgments spring from moral emotions2 that the moral emotions are retributive emotions2 that a retributive emotion is a reactive attitude of mind1 either kindly or hostile1 towards a living being 7or something looked upon in the light of a living being71 regarded as a cause of pleasure or as a cause of pain2 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 will4 ,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 passed4 ,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 revenge8 ,our theory as to the nature of the moral concepts and emotions is further supported by another and very comprehensive set of facts4 ,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 ages1 this theory has constantly been called in to explain the data before us4 ,it is noteworthy that the very acts1 forbearances1 and omissions #gdb which are condemned as wrong are also apt to call forth anger and revenge1 and that the acts and forbearances which are praised as morally good are apt to call forth gratitude4 ,this coincidence1 again1 undoubtedly bears testimony both to the emotional basis of the moral concepts and to the retributive character of the moral emotions4 ,thus the conclusions arrived at in the first section of the work1 while helping to explain the facts mentioned in the two other sections1 are at the same time greatly strengthened by these facts4 ,any attempt to discover the nature and origin of the moral consciousness must necessarily take into account the moral ideas of mankind at large4 ,and though painfully conscious of the incompleteness of the present treatise1 ,i think ,i may confidently ask1 with reference to its fundamental thesis1 whether any other theory of the moral consciousness has ever been subjected to an equally comprehensive test4 ,the general uniformity of human nature accounts for the great similarities which characterise the moral ideas of mankind4 ,but at the same time these ideas also present radical differences4 ,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 duty4 ,one reason for these variations lies in different external conditions4 ,hardships of life may lead to the killing of infants or abandoning of aged parents or eating of human bodies2 and necessity and the force of habit may deprive these actions of the stigma which would otherwise be attached to them4 ,economic conditions have influenced moral ideas relating1 for instance1 to slavery1 labour1 and cleanliness2 whilst the form of marriage and the opinions concerning it have been largely determined by such a factor as the numerical proportion between the sexes4 ,but the most common differences of moral estimates have undoubtedly a psychical origin4 ,when we examine the moral rules of uncivilised races we find that they in a very large measure resemble those prevalent among nations of culture4 ,in every savage #gdc community homicide is prohibited by custom1 and so is theft4 ,savages also regard charity as a duty and praise generosity as a virtue--indeed1 their customs concerning mutual aid are often much more stringent than our own2 and many uncivilised peoples are conspicuous for their aversion to telling lies4 ,but at the same time there is a considerable difference between the regard for life1 property1 truth1 and the general wellbeing of a neighbour1 which displays itself in primitive rules of morality and that which is found among ourselves4 ,savages' prohibitions of murder1 theft1 and deceit1 as also their injunctions of charity and kind behaviour1 have1 broadly speaking1 reference only to members of the same community or tribe4 ,they carefully distinguish between an act of homicide committed among their own people and one where the victim is a stranger2 whilst the former is in ordinary circumstances disapproved of1 the latter is in most cases allowed and often considered worthy of praise4 ,and the same thing holds true of theft and lying and other injuries4 ,apart from the privileges which are granted to guests1 and which are always of very short duration1 a stranger is in early society devoid of all rights4 ,this is the case not only among savages but among nations of archaic culture as well4 ,when we from the lower races pass to peoples more advanced in civilisation we find that the social unit has grown larger1 that the nation has taken the place of the tribe1 and that the circle of persons within which the infliction of injuries is prohibited has extended accordingly4 ,but the old distinction between offences against compatriots and harm done to foreigners remains4 ,nay1 it survives to some extent even among ourselves1 as appears from the prevailing attitude towards war and the readiness with which wars are waged4 ,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 civilisation1 its influence has certainly been decreasing4 ,the doctrine has been set forth1 and has been gradually gaining ground1 that our duties towards our #gdd fellow men are universal duties1 not restricted by the limits of country or race4 ,those who recognise the emotional origin of the rules of duty find no difficulty in explaining all these facts4 ,the expansion of the commandments relating to neighbours coincides with the expansion of the altruistic sentiment4 ,and the cause of this coincidence at once becomes clear when we consider that such commandments mainly spring from the emotion of sympathetic resentment1 and that sympathetic resentment is rooted in the altruistic sentiment4 ,besides the extension of duties towards neighbours so as to embrace wider and wider circles of men1 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 civilisation4 ,they have become more enlightened4 ,though moral ideas are based upon emotions1 though all moral concepts are essentially generalisations of tendencies in certain phenomena to call forth moral approval or disapproval1 the influence of intellectual considerations upon moral judgments is naturally very great4 ,all higher emotions are determined by cognitions--sensations or ideas2 they therefore vary according as the cognitions vary1 and the nature of a cognition may very largely depend upon reflection or insight4 ,if a person tells us an untruth we are apt to feel indignant2 but if1 on due reflection1 we find that his motive was benevolent1 for instance a desire to save the life of the person to whom the untruth was told1 our indignation ceases1 and may even be succeeded by approval4 ,the change of cognitions1 or ideas1 has thus produced a change of emotions4 ,now1 the evolution of the moral consciousness partly consists in its development from the unreflecting to the reflecting stage1 from the unenlightened to the enlightened4 ,this appears from the decreasing influence of external events upon moral judgments and from the growing discrimination with reference to motives1 negligence1 and other factors in conduct which are carefully considered by a scrupulous judge4 ,more penetrating reflection has also reduced #gde the part played by disinterested likes and dislikes in the formation of moral ideas4 ,when we clearly realise that a certain act is productive of no real harm but is condemned simply because it causes aversion or disgust1 we can hardly look upon it as a proper object of moral censure--unless1 indeed1 its commission is considered to imply a blamable disregard for other persons' sensibilities4 ,deliberate resentment1 whether moral or non-moral1 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 oversight4 ,nay1 even when the agent knows that his behaviour is repulsive to others1 he may be considered justified in acting as he does4 ,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 censure1 provided of course that they do not in an indelicate manner shock their neighbours' feelings4 ,hence many persons have recourse to utilitarian pretexts to support moral opinions or legal enactments which have originated in mere aversions2 thus making futile attempts to reconcile old ideas with the requirements of a moral consciousness which is duly influenced by reflection4 ,in innumerable cases the variations of moral estimates are due to differences of beliefs4 ,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 mankind1 and has at the same time shown how exceedingly varied this influence has been4 ,religion1 or superstition 7as the case may be71 has on the one hand stigmatised murder and suicide1 on the other hand it has commended human sacrifice and certain cases of voluntary self-destruction4 ,it has inculcated humanity and charity1 but has also led to cruel persecutions of persons embracing another creed4 ,it has emphasised the duty of truthspeaking1 and has itself been a cause of pious fraud4 ,it has promoted #gdf both cleanly habits and filthiness4 ,it has enjoined labour and abstinence from labour1 sobriety and drunkenness1 marriage and celibacy1 chastity and temple prostitution4 ,it has introduced a great variety of new duties and virtues1 quite different from those which are recognised by the moral consciousness when left to itself1 but nevertheless in many cases considered more important than any other duties or virtues4 ,it seems that the moral ideas of uncivilised men are more affected by magic than by religion1 and that the religious influence has reached its greatest extension at certain stages of culture which1 though comparatively advanced1 do not include the highest stage4 ,increasing knowledge lessens the sphere of the supernatural1 and the ascription of a perfectly ethical character to the godhead does away with moral estimates which have sprung from less elevated religious conceptions4 ,i have here pointed out only the most general changes to which the moral ideas have been subject in the course of progressive civilisation2 the details have been dealt with each in their separate place4 ,there can be no doubt that changes also will take place in the future1 and that similar causes will produce similar effects4 ,we have every reason to believe that the altruistic sentiment will continue to expand1 and that those moral commandments which are based on it will undergo a corresponding expansion2 that the influence of reflection upon moral judgments will steadily increase2 that the influence of sentimental antipathies and likings will diminish2 and that in its relation to morality religion will be increasingly restricted to emphasising ordinary moral rules1 and less preoccupied with inculcating special duties to the deity4 ,,additional ,,notes ,,to ,,vol4 ,,ii ,p4 #bhg1 n4 #f4--,the connection between the ,hebrew ,sabbath and the moon has been fully discussed by ,professor ,webster in his recent book1 ,rest ,days1 ch4 viii4 ,p4 #cgg1 n4 #a4--;,in his book1 ,totemism and ,exogamy1 ,sir ,j4 ,g4 ,frazer has definitely separated exogamy from totemism and thereby1 it is to be hoped1 saved us from further speculations about the totemic origin of the exogamous rules4 ,like myself1 ,frazer thinks 7iv4 #aje sqq47 that these rules have sprung from an aversion to the marriages of near kin4 ,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 name1 ,frazer is of opinion that exogamy was deliberately instituted for the purpose of preventing the sexual unions of near kin4 ,to me it seems almost inconceivable that the extensive1 cumbersome1 and sometimes very complicated institution of exogamy should have been invented simply as a precaution against unions between the nearest relatives4 ,granting the prevalence of an aversion to the marriages of near kin1 ,frazer is confronted with the question how it has originated4 ,his answer is1 ,we do not know and it is difficult even to guess4 ,yet he makes a cautious attempt to solve the riddle4 ,he observes 7iv4 #aef sqq47 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 community4 ,it may have been thought to render the women of the tribe sterile and to prevent animals and plants from multiplying2 such beliefs1 ,frazer remarks1 appear in point of fact to have been held by many races in different parts of the world4 ,but he admits himself that all the peoples who are known to hold them seem to be agricultural1 and that incest is in particular supposed to have a sterilising effect on the crops4 ,it is indeed a poor argument to conjecture that a careful search among the most primitive exogamous peoples now surviving1 especially among the ,australian aborigines1 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 plants4 ,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 world4 ,moreover1 if this superstition were the root of the aversion to incest1 we should still have to explain the origin of the superstition itself1 and this ,frazer has not even attempted to do4 ,if1 on the other hand1 the abhorrence of incest has originated in the way ,i have suggested1 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 rise4 ,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 well1 such as adultery and fornication 7cf4 supra1 ii4 #dag74 ,sir ,j4 ,g4 ,frazer also subjects my theory to a detailed criticism 7iv4 #if sqq474 ,he admits that there seems to be some ground for believing in the existence of a natural aversion to1 or at least a want of inclination for1 sexual intercourse between persons who have been brought up closely together #gdh from early youth2 but he finds it difficult to understand how this could have been changed into an aversion to sexual intercourse with persons near of kin1 and maintains that1 till ,i explain this satisfactorily1 the chain of reasoning by which ,i support my theory breaks down entirely at the crucial point4 ,for my own part ,i think that the transition which ,frazer finds so difficult to understand is not only possible and natural1 but well-nigh proved by an exactly analogous case of equally world-wide occurrence and of still greater social importance1 namely1 the process which has led to the association of all kinds of social rights and duties with kinship4 ,as ,i have pointed out above 7ch4 xxxiv471 the maternal and paternal sentiments1 which largely are at the bottom of parental duties and rights1 cannot in their simplest forms be based on a knowledge of blood relationship1 but respond to stimuli derived from other circumstances1 notably the proximity of the helpless young1 that is1 the external relationship in which the offspring from the beginning stand to the parents4 ,nor is the so-called filial love in the first instance rooted in considerations of kinship2 it is essentially retributive1 the agreeable feeling produced by benefits received making the individual look with pleasure and kindliness upon the giver4 ,here again the affection is ultimately due to close living together1 and is further strengthened by it1 as appears from the cooling effect of long separation of children from their parents4 ,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 blood2 and the same may be said of the tie which binds together relatives more remotely allied4 ,its social force is ultimately derived from near relatives' habit of living together4 ,men became gregarious by remaining in the circle where they were born2 if1 instead of keeping together with their kindred1 they had preferred to isolate themselves or to unite with strangers1 there would certainly be no blood-bond at all4 ,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 broken1 being kept up by the common name 7supra1 ii4 #bjc74 ,here we have an immense group of facts which1 though ultimately depending upon close living together1 have been interpreted in terms of kinship4 ,why1 then1 could not the same have been the case with the aversion to incest and the prohibitory rules resulting from it8 ,they really present a most striking analogy to the instances just mentioned4 ,they have been associated with kinship because near relatives normally live together4 ,they have come to include relatives more remotely allied who do not live together1 owing to an association of ideas1 especially through the influence of a common name2 clan exogamy has its counterpart1 for instance1 in the blood feud as a duty incumbent on the whole clan4 ,but there are also cases in which marriages between unrelated persons who have been brought up together in the same family1 or who belong to the same local group1 are held blamable or are actually prohibited2 and so there are1 even in early society1 social rights and duties which are associated not with a common descent but with close living together4 ,frazer asks3 ,if the root of the whole matter is a horror of marriage between persons who have always lived with each other1 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 familiarity8 4 4 4 ,why should the marriage of a brother with a sister1 or of a mother with a son1 excite the deepest detestation1 4 4 4 while the origin of it all1 the marriage between housemates1 should excite at most a mild surprise too slight probably to suggest even a subject for a farce1 and should be as legitimate in the eye of the law among all civilised nations as any other marriage8 ,for my own part1 ,i believe that marriage between a man and his foster-daughter or between a foster-brother #gdi and a foster-sister1 in case the social relations between them have been exactly similar to those of blood-relatives of corresponding degrees1 would cause more than a mild surprise1 and appear unnatural and objectionable4 ,as ,i have said above 7ii4 #cge71 ,i do not deny that unions between the nearest blood-relatives inspire a horror of their own1 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 kindred4 ,nor can it be a matter of surprise that the prohibitory rules so commonly refer to marriages of kindred alone4 ,law only takes into account general and well-defined cases1 and hence relationships of some kind or other between persons who are nearly always kindred are defined in terms of blood-relationship4 ,this is true not only of the prohibitions of incest1 but of many duties and rights inside the family circle4 ,sir ,j4 ,g4 ,frazer raises another objection to my theory4 ,he argues that1 if exogamy resulted from a natural instinct1 there would be no need to reinforce that instinct by legal pains and penalties2 the law only forbids men to do what their instincts incline them to do1 and hence we may always safely assume that crimes forbidden by law are crimes which many men have a natural propensity to commit4 ,i must confess that this argument greatly surprises me4 ,of course1 where there is no transgression there is no law4 ,but ,frazer cannot be ignorant of the variability of instincts and of the great variability of the sexual instinct2 nor should he forget that there are circumstances in which a natural sentiment may be blunted and overcome4 ,would he maintain that there can be no deep natural aversion to bestiality because bestiality is forbidden by law1 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 parents8 ,the law expresses the feelings of the majority and punishes acts that shock them4 ,sir ,j4 ,g4 ,frazer accuses me of having extended ,darwin's methods to subjects which only partially admit of such treatment1 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 intelligence1 deliberation1 and will4 ,this1 he adds1 is not science1 but a bastard imitation of it4 ,what have ,i done to incur so severe an accusation8 ,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 selection4 ,i am inclined to think--and so is ,frazer--that consanguineous marriages are in some way or other detrimental to the species4 ,this fact would lead to the development of a sentiment which would be powerful enough1 as a rule1 to prevent injurious unions--a sentiment which would not1 of course1 show itself as an innate aversion to sexual connections with near relatives as such1 but as an aversion on the part of individuals to union with others with whom they lived closely together from early childhood4 ,these1 as a matter of fact1 would be blood-relations1 and the result would consequently be the survival of the fittest4 ,all that ,i have done1 then1 is to appeal to natural selection to explain the origin of a primeval instinctive sentiment2 and ,i can never believe that this is to transgress the legitimate boundaries of ,darwinism4 ,sir ,j4 ,g4 ,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 conditions1 and in support of this view he quotes the valuable opinions of ,mr4 ,walter ,heape and ,mr4 ,f4 ,h4 ,a4 ,marshall4 ,he thus finds that the principles of exogamy present a curious resemblance to the principles of scientific breeding1 but he rightly assumes that this analogy cannot be due to any exact knowledge or farseeing care on the part of its savage founders4 ,how then shall we explain this analogy8 ,frazer's answer is that it must be an accidental #gej result of a superstition1 an unconscious mimicry of science4 ,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 savagery4 ,if that is so1 exogamy has been an instrument in the hands of that unknown power1 the masked wizard of history1 who by some mysterious process1 some subtle alchemy1 so often transmutes in the crucible of suffering the dross of folly and evil into the fine gold of wisdom and good4 ,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 it8 ,in any attempt to explain the origin of exogamy there are1 in my opinion1 three parallel groups of facts of general occurrence which necessarily must be taken into consideration3--,firstly1 the prohibitions of incest and rules of exogamy themselves2 secondly1 the aversion to sexual intercourse between persons living together from early youth2 thirdly1 the injurious consequences of inbreeding4 ,as for the facts of the first group1 ,frazer and ,i agree that they all have the same root1 exogamy being in some way or other derived from an aversion to the marriages of near kin4 ,as for the facts of the second group1 ,frazer at all events admits that there seems to be some ground for believing in them4 ,as for the facts of the third group1 there is complete agreement between us4 ,i ask3 ,is it reasonable to think that there is no causal connection between these three groups of facts8 ,is it right to ignore the second group altogether1 as does ,frazer1 and to look upon the coincidence of the first and the third as accidental8 ,i gratefully acknowledge that ,frazer's chapter on the ,origin of ,exogamy has only strengthened my belief in my own theory4 ,other objections to my theory have recently been made by ,messrs4 ,hose and ,mc,dougall in their work on ,the ,pagan ,tribes of ,borneo1 vol4 ii41 p4 #aig1 note4 ,they observe that intercourse between a youth and his sister-by-adoption is not regarded as incest in these tribes1 and that they know at least one instance of marriage between two young ,kenyahs brought up together as adopted brother and sister4 ,this occurrence of incest between couples brought up in the same household1 they say1 is1 of course1 difficult to reconcile with ,professor ,westermarck's well-known theory of the ground of the almost universal feeling against incest1 namely1 that it depends upon sexual aversion or indifference engendered by close proximity during childhood4 ,they moreover maintain that the occurrence of incest between brothers and sisters1 and the strong feeling of the ,sea ,dyaks against incest between nephew and aunt 7who often are members of distinct communities71 are facts which are fatal to this theory4 ,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 are1 or may be1 members of different communities1 and ,i found no difficulty in accounting for it 7see supra1 ii4 #cfi2 ,history of ,human ,marriage1 p4 #ccj sq474 ,curiously enough ,messrs4 ,hose and ,mc,dougall's own attempt to solve the problem is1 if ,i understand them rightly1 based on the supposition that the prohibitions of intermarriage originally referred to persons who belonged to the same community4 ,they write3--,if we accept some such view of the constitution of primitive society as has been suggested by ,messrs4 ,atkinson and ,lang 7,primal ,law71 namely1 that the social group consisted of a single patriarch and a group of wives and daughters1 over all of whom he exercised unrestricted power or rights2 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 women1 in order that younger males might be incorporated in the society and enjoy the undisputed possession of them4 ,the patriarch1 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 #gea certain number of young males1 would enforce all the more strictly upon them his prohibition against any tampering with the females of the senior generation4 ,thus very strict prohibitions and severe penalties against the consorting of the patriarch with the younger generation of females1 i4e4 his daughters1 and against intercourse between the young males admitted to membership of the group and the wives of the patriarch1 would be the essential conditions of advance of social organisation4 ,the enforcement of these penalties would engender a traditional sentiment against such unions1 and these would be the unions primitively regarded as incestuous4 ,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 inevitable4 ,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 sought4 ,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 roof4 ,i should like to know how ,messrs4 ,hose and ,mc,dougall1 on the basis of this theory1 would explain the strong feeling of the ,sea ,dyaks against incest between nephew and aunt 7who often are members of distinct communities71 and1 generally speaking1 the rules prohibiting the intermarriage of persons belonging to different local groups4 ,for the rest1 ,i must confess that the assumptions on which their whole theory rests seem to me extremely arbitrary4 ,brothers are prohibited from marrying their sisters because the old patriarch drove away his grown-up sons out of jealousy2 but his jealousy was not strong enough to prevent other young males from joining the band4 ,on the contrary1 he allowed them to be incorporated in it1 because they added to its strength2 nay1 he gave them his own daughters in marriage1 and refrained henceforth himself from intercourse with these young women so rigorously that ever since a father has been prohibited from marrying his daughter4 ,but the young men had to pay a price for their wives4 ,it may be asked3 ,why did not the old patriarch accept a price from his own sons or let them work for him1 instead of mercilessly turning them out of their old home1 although they would have been just as good protectors of it as anybody else8 ,and why did he give the young men his daughters8 ,he might have kept the young women for himself and let the young men have the old ones4 ,this is what is done by the old men in ,australia1 where the young girls are1 as a rule1 allotted to old men1 and the boys1 whenever they are allowed to marry1 get old lubras as wives 7,malinowski1 ,the ,family among the ,australian ,aborigines1 p4 #bei sqq474 ,yet1 in spite of this custom1 there is no country where incest has been more strictly prohibited than in ,australia4 ,messrs4 ,hose and ,mc,dougall 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 source4 ,i ask3 ,is it reasonable to suppose that1 if this were the case1 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 decay8 ,as ,i have pointed out above1 the prohibited degrees are very differently defined in the customs or laws of different peoples1 generally being more numerous among peoples unaffected by modern civilisation than they are in more advanced communities2 and it appears that the extent to which relatives are prohibited from intermarrying is closely connected with the intimacy of their social relations4 ,whilst among ourselves cousins are allowed to intermarry1 there is still a strong sentiment against intercourse between parents and children and between brothers and sisters1 who in normal cases belong to the same family circle4 ,why should the feeling against incest have survived in this case but not in others1 if it had a purely conventional origin8 ,and how could any law #geb based on convention alone account for the normal absence of erotic feelings in the relation between parents and children and brothers and sisters8 ,it is true that cases of intercourse between the nearest relatives do occur1 but they are certainly quite exceptional4 ,messrs4 ,hose and ,mc,dougall say themselves 7p4 #aih7 that incest of any form is very infrequent among the tribes of ,borneo1 and they seem to know of only one instance of marriage between young ,kenyahs brought up together as adopted brother and sister1 although such marriages are allowed4 ,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 femin in many men disproves the general prevalence of a feeling of love between the sexes4 ,p4 #cif1 n4 #a4--;,in his recent work1 ,the ,family among the ,australian ,aborigines1 ,dr4 ,malinowski has come to the same conclusion4 ,he observes that the individual family plays a foremost part in the social life of those aborigines2 it has a very firm basis in their customs and ideas1 and by no means bears the features of anything like recent innovation1 or a subordinate form subservient to the idea of group marriage4 ,the ,australian husband had generally a definite sexual over-right over his wife1 which secured to him the privilege of disposing of her1 or at least of exercising a certain control over her conduct in sexual matters1 even though this over-right did not1 as a rule1 amount to an exclusive right4 ,there were customs like wife-lending1 exchange of wives1 ceremonial defloration of girls by old men1 the different forms of licence practised at large tribal gatherings1 and especially the ,pirrauru relationship found in several of the southern central tribes4 ,but all this does not constitute group marriage1 the complete content of which does not consist in sexual relations alone4 ,dr4 ,malinowski emphasises the fact that marriage cannot be detached from family life2 it is defined in all its aspects by the problems of the economic unity of the family1 of the bonds created by common life in one wurley1 through the common rearing of1 and affection towards1 the offspring4 ,in nearly all these respects even the ,pirrauru relationship essentially differs from marriage1 and cannot1 therefore1 seriously encroach upon the individual family4 ,nor can we regard this relationship as a survival of previous group marriage4 ,dr4 ,malinowski also points out 7p4 #hi sq47 how highly objectionable it is that our best informants 7especially ,howitt and ,spencer and ,gillen7 describe the facts of sexual life of to-day in terms of their hypothetical assumptions4 ,p4 #dai1 n4 #e4--;,for ,moorish beliefs relating to contact between sexual uncleanness and holiness see my essays1 ,the ,moorish ,conception of ,holiness 7,baraka71 p4 #abc sqq41 and ,ceremonies and ,beliefs connected with ,agriculture1 certain ,dates of the ,solar ,year1 and the ,weather in ,morocco1 pp4 #ag1 #bb1 #bc1 #bh1 #df1 #dg1 #ed4 ,p4 #dfc1 n4 #h4--;,during the years that have passed since the first edition of this book was issued1 the study of homosexuality has been carried on with remarkable activity4 ,the following books are exclusively devoted to this subject3--,das gleichgeschlechtliche ,leben der ,naturvlker1 by ,f4 ,karsch-,haack 7#aiaa71 ,intermediate ,types among ,primitive ,folk1 by ,edward ,carpenter 7#aiad71 and ,die ,homosexualitt des ,mannes und des ,weibes1 by ,magnus ,hirschfeld 7#aiad74 ,carpenter's book chiefly deals with the invert in early religion and in warfare4 ,hirschfeld's work is a veritable encyclopdia of homosexuality--according to ,dr4 ,havelock ,ellis1 not only the largest but the most precise1 detailed1 and comprehensive--even the most condensed--work which has yet appeared on the subject4 ,in #aiae ,dr4 ,havelock ,ellis issued a third1 revised and enlarged1 edition of his ,sexual ,inversion4 ,p4 #dhe1 n4 #a4--,this passage and1 generally1 the suggestion that there is a certain relationship between the social reaction against homosexuality #gec and against infanticide1 have been excluded from the last edition of ,dr4 ,havelock ,ellis's book4 ,p4 #ehd1 n4 #a4--,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 magic4 ,it has been dealt with1 e4g41 by ,sir ,j4 ,g4 ,frazer in ,the ,magic ,art1 by ,professor ,durkheim in ,les formes lmentaires de la vie religieuse1 by ,dr4 ,marett in ,the ,threshold of ,religion and other writings1 by ,dr4 ,irving ,king in ,the ,development of ,religion1 by ,professor ,leuba in ,a ,psychological ,study of ,religion1 by ,mr4 ,sidney ,hartland in ,ritual and ,belief1 and by the present ,archbishop of ,sweden1 ,nathan ,sderblom1 in his book ,gudstrons uppkomst4 ,according to the ,french school of sociologists1 religion is social in its aims and magic antisocial2 and this distinction has lately been accepted by ,dr4 ,marett1 who writes 7,anthropology1 p4 #bji sq473 ,magic ,i take to include all bad ways1 and religion all good ways1 of dealing with the supernormal--bad and good1 of course1 not as we may happen to judge them1 but as the society concerned judges them4 ,but this use of the terms is neither in agreement with traditional usage nor1 in my opinion1 suitable for the purpose of scientific classification4 ,besides black magic1 or witchcraft1 there is also white magic2 even a medieval theologian like ,albertus ,magnus asserts that magical science is not evil1 since through knowledge of it evil can be avoided and good attained4 ,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 community1 but as magic if it is disapproved of4 ,if a man makes a girl drink a love-potion in order to gain her favour1 it is religion if their union is desirable from the society's point of view1 but if he gives the same drink to another man's wife it is magic4 ,the best part of what has been hitherto called imitative or homoeopathic magic no longer remains magic at all2 if water is poured out for the purpose of producing rain it is homoeopathic magic only in case rain is not wanted by the community1 but if it is done during a drought it is religion4 ,thus the very same practices are qualified as religious or magical according as they have social or antisocial ends2 and1 as ,mr4 ,hartland rightly asks 7,ritual and ,belief1 p4 #gf73 ,how shall we define these ends8 ,it should be added1 however1 that the definition of religion which ,i have given in the text has reference only to religion in the abstract1 not to the various religions4 ,in the popular sense of the word1 a religion may include many practices which are what ,i have called magical4 ,as ,i have said above 7p4 #fdi71 both ,christianity in its earlier phases and ,muhammedanism are full of magical practices expressly sanctioned by their theology4 ,although the magical and the strictly religious attitude differ from each other1 they are not irreconcilable1 and may therefore very well form parts of one and the same religion2 there is no such thing as a magic being opposed to a religion4 ,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 gods1 that is1 supernatural beings who are the objects of a regular cult and between whom and their worshippers there are established and permanent relationships4 ,if it be admitted that the word religion may be thus legitimately used in two different senses1 ,i think there is little ground left for further controversy on the subject4 ,after all1 sociologists may more profitably occupy their time than by continuous quarrelling about the meaning of terms4 ,p4 #fjh1 n4 #d4--;,in ,the ,dying ,god1 p4 #bjd1 n4 #a1 ,sir ,j4 ,g4 ,frazer writes3 ,there is a good deal to be said in favour of ,dr4 ,westermarck's theory1 which is supported in particular by the sanctity attributed to the regalia4 ,but on the whole ,i see no sufficient reason to abandon the view adopted #ged in the text1 and ,i am confirmed in it by the ,shilluk evidence1 which was unknown to ,dr4 ,westermarck when he propounded his theory4 ,according to ,professor ,c4 ,g4 ,seligman to whom ,frazer is indebted for detailed information on the subject 7op4 cit4 p4 #ag sqq47 it is a fundamental article of the ,shilluk creed that the spirit of ,nyakang1 the divine or semi-divine hero who settled the ,shilluk in their present territory and founded the dynasty of their kings1 is incarnate in the reigning king1 who is accordingly himself invested to some extent with the character of a divinity4 ,but while the ,shilluk hold their kings in high1 indeed religious1 reverence and take every precaution against their accidental death1 nevertheless they cherish the conviction that the king must not be allowed to become ill or senile1 lest with his diminishing vigour the cattle should sicken and fail to bear their increase1 the crops should rot in the fields1 and man1 stricken with disease1 should die in ever-increasing numbers4 ,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 strength4 ,nay1 from ,dr4 ,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 death4 ,according to the common ,shilluk tradition any son of a king had the right thus to fight the king in possession and1 if he succeeded in killing him1 to reign in his stead4 ,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 ,nyakang1 which has been transmitted from the founder of the dynasty to all his successors on the throne4 ,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 ,fashoda1 where the king elect and the chiefs await their arrival4 ,the thing called ,nyakang is said to be of cylindrical shape1 some two or three feet long by six inches broad4 ,the chief of ,akurwa informed ,dr4 ,seligman that the object in question is a rude wooden figure of a man1 which was fashioned long ago at the command of ,nyakang in person4 ,we may suppose that it represents the divine king himself and that it is1 or was formerly1 supposed to house his spirit1 though the chief of ,akurwa denied to ,dr4 ,seligman that it does so now4 4 4 4 ,the image of ,nyakang is placed on the stool2 the king elect holds one leg of the stool and an important chief holds another4 4 4 4 ,a bullock is killed and its flesh eaten by the men of certain families called ororo1 who are said to be descended from the third of the ,shilluk kings4 ,then the ,akurwa men carry the image of ,nyakang into the shrine1 and the ororo men place the king elect on the sacred stool1 where he remains seated for some time1 apparently till sunset4 ,when he rises1 the ,akurwa men carry the stool back into the shrine1 and the king is escorted to three new huts1 where he stays in seclusion for three days4 ,on the fourth night he is conducted quietly1 almost stealthily1 to his royal residence at ,fashoda1 and next day he shows himself publicly to his subjects4 ,as regards this so-called evidence it should1 first1 be noticed that it is only ,dr4 ,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 dynasty1 and that this conjecture is expressly said to be opposed to the present beliefs of the natives4 ,on the other hand it is obvious that the object in question is regarded as a holy object1 and that its holiness1 or a particle of it1 is supposed to be transmitted to the new king through material contact--an idea which well agrees with my own theory4 ,but even if the ,shilluk had once believed that their king was a reincarnation of the spirit of ,nyakang1 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 successor4 ,the ,shilluk believe that ,nyakang1 unlike his royal descendants of more recent times1 did not die but simply disappeared4 ,,authorities ,,quoted#a ,footnote #a3 ,of articles in periodicals only some of the more important have been included in this list4 ,a ,voice for ,south ,america4 ,london4 ,aas 7,einar71 ,sjaeleliv og intelligens hos dyr4 ,kristiania1 #ahic4 ,abbot 7,ezra71 ',literature of the ,doctrine of a ,future ,life'2 in ,alger1 ,a ,critical ,history of the ,doctrine of a ,future ,life4 ,philadelphia1 #ahfd4 7,abd-,allatif1 ,relation de l'gypte4 ,trans4 by ,s4 de ,sacy4 ,paris1 #ahaj4 7,abd-es-,salm ,shabeeny1 ,an ,account of ,timbuctoo and ,housa4 ,ed4 by ,j4 ,g4 ,jackson4 ,london1 #ahbj4 ,abegg 7,j4 ,f4 ,h471 ,die verschiedenen ,strafrechtstheorieen4 ,neustadt a4d4,o41 #ahce4 ,abel 7,charles ,w471 ,savage ,life in ,new ,guinea4 ,london1 #aija4 ,abercromby 7,john71 ,the ,pre- and ,proto-,historic ,finns4 #b vols4 ,london1 #ahih4 ,abreu de ,galindo 7,juan de71 ,the ,history of the ,discovery and ,conquest of the ,canary ,islands4 ,trans4 ,london1 #agfd4 ,academy 7,the74 ,london4 ,achelis 7,th471 ',animal ,worship'2 in ,the ,open ,court1 vol4 xi4 ,chicago1 #ahig4 ---- ,moderne ,vlkerkunde4 ,stuttgart1 #ahif4 ,achery 7,l4 d'71 ,spicilegium sive collectio veterum aliquot scriptorum qui in ,galli bibliothecis delituerant4 #c vols4 ,parisiis1 #agbc4 ,acosta 7,joseph de71 ,the ,natural and ,moral ,history of the ,indies4 ,trans4 ed4 by ,c4 ,r4 ,markham4 #b vols4 ,london1 #ahhj4 ,acta ,societatis ,scientiarum ,fennic4 ,helsingfors4 ,adair 7,james71 ,the ,history of the ,american ,indians4 ,london1 #agge4 ,adalbero1 ',carmen ad ,rotbertum regem ,francorum'2 in ,bouquet1 ,recueil des historiens des ,gaules et de la ,france1 vol4 x4 ,paris1 #agfj4 ,adam of ,bremen1 ',gesta ,hammaburgensis ecclesi pontificum'2 in ,migne1 ,patrologi cursus completus1 vol4 cxlvi4 ,parisiis1 #ahec4 ,adams 7,john71 ,sketches taken during ,ten ,voyages to ,africa1 ,between the ,years #aghf and #ahjj4 ,london1 #ahbe4 ,addis 7,w4 ,e47 and ,arnold 7,thomas71 ,a ,catholic ,dictionary4 ,london1 #aijc4 ,addosio 7,carlo d'71 ,bestie delinquenti4 ,napoli1 #ahib4 ,aelian1 ,de natura animalium1 ,varia historia1 c4 ,ed4 by ,r4 ,hercher4 ,parisiis1 #aheh4 ,aeschines1 ',orationes'2 in ,oratores ,attici1 ed4 by ,c4 ,mller1 vol4 ii4 ,parisiis1 #aheh4 ,aeschylus1 ,tragoedi et fragmenta4 ,ed4 by ,e4 ,a4 ,j4 ,ahrens4 ,parisiis1 #ahdb4 ,aethelbirht 7,king71 ',the ,laws of'2 in ,ancient ,laws and ,institutes of ,england4 ,london1 #ahdj4 #gef ,aethelstan 7,king71 ',the ,laws of'2 in ,ancient ,laws and ,institutes of ,england4 ,london1 #ahdj4 ,afzelius 7,a4 ,a471 ,swenska ,folkets ,sago-,hfder4 #aa vols4 ,stockholm1 #ahci-gj4 ,agathias1 ',historiarum libri quinque'2 in ,migne1 ,patrologi cursus1 ,ser4 ,graeca1 vol4 lxxxviii4 ,parisiis1 #ahfj4 ,ahlqvist 7,a471 ',unter ,wogulen und ,ostjaken'2 in ,acta ,societatis ,scientiarum ,fennic1 vol4 xiv4 ,helsingfors1 #ahhe4 ,ahrens 7,heinrich71 ,naturrecht4 #b vols4 ,wien1 #ahgj-ga4 ,aitareya ,brahmanam of the ,rigveda 7,the74 ,ed4 and trans4 by ,m4 ,haug4 #b vols4 ,bombay1 #ahfc4 ,alabaster 7,chal471 ',the ,law of ,inheritance'2 in ,the ,china ,review1 vol4 v4 ,hongkong1 #ahgf-gg4 ,alabaster 7,ernest71 ,notes and ,commentaries on ,chinese ,criminal ,law4 ,london1 #ahii4 ,alabaster 7,henry71 ,the ,wheel of the ,law4 ,london1 #ahga4 ,alagona 7,petrus71 ,compendium manualis ,d4 ,navarri4 ,lugduni1 #afjc4 ,alard 7,paul71 ,condition et droits des enfants naturels4 ,paris1 #ahif4 ,albericus1 ,visio4 ,ed4 by ,catello de ,vivo4 ,ariano1 #ahii4 ,alberti 7,l471 ,de ,kaffers aan de ,zuidkust van ,afrika4 ,amsterdam1 #ahaj4 ,alden 7,t4 ,j4 ,fox7 and ,hoesen 7,j4 ,a4 van71 ,a ,digest of the ,laws of ,mississippi4 ,new ,york1 #ahci4 ,alexander 7,s471 ,moral ,order and ,progress4 ,london1 #ahif4 ,alfonso de' ,liguori1 ,theologia moralis4 #c vols4 ,bassani1 #ahbb4 ,alfred 7,king71 ',the ,laws of'2 in ,ancient ,laws and ,institutes of ,england4 ,london1 #ahdj4 ,alger 7,w4 ,r471 ,a ,critical ,history of the ,doctrine of a ,future ,life4 ,philadelphia1 #ahfd4 ,alienist and ,neurologist 7,the74 ,st4 ,louis4 ,allard 7,paul71 ,les esclaves chrtiens depuis les premiers temps de l'glise jusqu' la fin de la domination romaine en ,occident4 ,paris1 #ahgf4 ,allardt 7,anders71 ,nylndska folkseder och bruk4 7,nyland1 vol4 iv47 ,helsingfors1 #ahhi4 ,allen 7,grant71 ,the ,evolution of the ,idea of ,god4 ,london1 #ahig4 ,allen 7,john71 ,modern ,judaism4 ,london1 #ahcj4 ,allen 7,w47 and ,thomson 7,t4 ,r4 ,h471 ,a ,narrative of the ,expedition sent by ,her ,majesty's ,government to the ,river ,niger1 in #ahda4 #b vols4 ,london1 #ahdh4 ,am ,ur-,quell4 ,monatsschrift fr ,volkskunde4 ,ed4 by ,f4 ,s4 ,krauss4 ,lunden4 ,amadori-,virgilj 7,giovanni71 ,l',istituto famigliare nelle ,societ primordiali4 ,bari1 #aijc4 ,ambrose 7,saint71 ,opera omnia4 7,migne1 ,patrologi cursus1 vols4 xiv4-xvii47 ,parisiis1 #ahde4 ,ameer ,ali 7,syed71 ,the ,ethics of ,islm4 ,calcutta1 #ahic4 ---- ,the ,life and ,teachings of ,mohammed or the ,spirit of ,islm4 ,london1 #ahia4 ,amlineau 7,e471 ,essai sur l'volution historique et philosophique des ides morales dans l'gypte ancienne4 ,paris1 #ahie4 ,american ,anthropologist 7,the74 ,washington4 ,american ,antiquarian and ,oriental ,journal 7,the74 ,chicago4 ,american ,journal of ,psychology 7,the74 ,worcester4 ,american ,journal of ,theology 7,the74 ,chicago4 ,american ,naturalist 7,the74 ,philadelphia4 #geg ,amira 7,karl von71 ,nordgermanisches ,obligationenrecht4 #b vols4 ,leipzig1 #ahhb-ie4 ---- ',recht'2 in ,paul1 ,grundriss der germanischen ,philologie1 vol4 ii4 ,strassburg1 #ahic4 ---- ,thierstrafen und ,thierprocesse4 ,innsbruck1 #ahia4 ,ammianus ,marcellinus4 ,see ,marcellinus 7,a474 ,amos 7,andrew71 ,ruins of ,time exemplified in ,sir ,matthew ,hale's ,history of the ,pleas of the ,crown4 ,london1 #ahef4 ',ancien ,coutumier de ,bourgogne1' ed4 by ,a4-,j4 ,marnier2 in ,revue historique de droit franais et tranger1 vol4 iii4 ,paris1 #aheg4 ,ancient ,laws and ,institutes of ,england4 ,london1 #ahdj4 ,ancient ,laws and ,institutes of ,ireland4 #d vols4 ,dublin ,london1 #ahfe-gi4 ,ancient ,laws and ,institutes of ,wales4 ,london1 #ahda4 ,ancient ,sea-,laws of ,oleron1 ,wisby1 and the ,hanse-,towns 7,the74 ,trans4 ,london1 #afhf4 ,ancona 7,a4 d'71 ,origini del teatro italiano4 #b vols4 ,torino1 #ahia4 ,anderson 7,john71 ,mandalay to ,momien4 ,london1 #ahgf4 ,anderson 7,john ,w471 ,notes of ,travel in ,fiji and ,new ,caledonia4 ,london1 #ahhj4 ,andersson 7,c4 ,j471 ,lake ,ngami4 ,london1 #ahef4 ---- ,notes on ,travel in ,south ,africa4 ,london1 #ahge4 ,andr 7,tony71 ,l'esclavage chez les anciens ,hbreux4 ,paris1 #ahib4 ,andree 7,richard71 ,die ,anthropophagie4 ,leipzig1 #ahhg4 ---- ',ethnographische ,bemerkungen zu einigen ,rechtsgebruchen4 ,i4 ,jagdrecht4 ,,ii4 ,die ,asyle'2 in ,globus1 vol4 xxxviii4 ,braunschweig1 #ahhj4 ---- ,ethnographische ,parallelen und ,vergleiche4 #b vols4 ,stuttgart1 #ahgh-hi4 ---- ,zur ,volkskunde der ,juden4 ,bielefeld ,leipzig1 #ahha4 ,andrews 7,william71 ,old-,time ,punishments4 ,hull ,london1 #ahij4 ,angas 7,g4 ,f471 ,polynesia4 ,london1 #ahff4 ---- ,savage ,life and ,scenes in ,australia and ,new ,zealand4 ,london1 #ahej4 ,annales du ,muse ,guimet4 ,paris4 ,anne sociologique 7,l'74 ,ed4 by 4 ,durkheim4 ,paris4 ,annual ,reports of the ,board of ,regents of the ,smithsonian ,institution1 ,washington4 ,annual ,reports of the ,bureau of ,ethnology4 ,washington4 ,anrich 7,g471 ,das antike ,mysterienwesen in seinem ,einfluss auf das ,christentum4 ,gttingen1 #ahid4 ,antananarivo ,annual and ,madagascar ,magazine4 ,antananarivo4 ,ante-,nicene ,christian ,library4 ,ed4 by ,a4 ,roberts and ,j4 ,donaldson4 #bd vols4 ,edinburgh1 #ahfg-gb4 ,anthropological ,essays presented to ,e4 ,b4 ,tylor4 ,oxford1 #aijg4 ,anthropologie 7,l'74 ,paris4 ,antiquary 7,the74 ,london4 ',anugit 7,the71' trans4 by ,k4 ,t4 ,telang2 in ,the ,sacred ,books of the ,east1 vol4 viii4 ,oxford1 #ahih4 'pastamba1' trans4 by ,g4 ,bhler2 in ,the ,sacred ,books of the ,east1 vol4 ii4 ,oxford1 #ahig4 ,apocryphal ,books 7,the74 ,trans4 ,london1 #ahhj4 ,apollodorus ,atheniensis1 ,bibliotheca4 ,lipsiae1 #ahed4 ,apollonius ,rhodius1 ,argonautica4 ,ed4 by ,f4 ,s4 ,lehrs4 ,parisiis1 #ahdj4 #geh ,apuleius 7,l471 ,opera omnia4 #g vols4 ,londini1 #ahbe4 ,arbois de ,jubainville 7,h4 d'71 ',des attributions judiciaires de l'autorit publique chez les ,celtes'2 in ,revue ,celtique1 vol4 vii4 ,paris1 #ahhf4 ---- ,la civilisation des ,celtes et celle de l'pope ,homrique4 ,paris1 #ahii4 ,arbousset 7,t47 and ,daumas 7,f471 ,narrative of an ,exploratory ,tour to the ,north-,east of the ,colony of the ,cape of ,good ,hope4 ,trans4 ,london1 #aheb4 ,archilochus1 ,reliqui4 ,ed4 by ,i4 ,liebel4 ,lipsiae1 #ahah4 ,archiv fr ,anthropologie4 ,braunschweig4 ---- fr ,religionswissenschaft4 ,leipzig4 ---- fr wissenschaftliche ,kunde von ,russland4 ,ed4 by ,a4 ,erman4 ,berlin4 ,archives d'anthropologie criminelle4 ,paris4 ,archives de ,neurologie4 ,paris4 ,archivio per l'antropologia e la etnologia4 ,firenze4 ,archivio per lo studio delle tradizioni popolari4 ,palermo4 ,arda ,viraf4 ,ed4 and trans4 by ,m4 ,haug and ,e4 ,w4 ,west4 ,bombay ,london1 #ahgb4 ,argentr 7,bertrand d'71 ,l'histoire de ,bretaigne4 ,paris1 #afah4 ,aristophanes1 ,comoedi4 ,parisiis1 #ahch4 ,aristotle1 ,de republica ,atheniensium4 ,ed4 by ,j4 ,e4 ,sandys4 ,london1 #ahic4 ---- ,the same work4 ,trans4 by ,e4 ,poste4 ,london1 #ahia4 ---- ,opera omnia4 #e vols4 ,parisiis1 #ahdh-gd4 ---- ,politica et ,,oeconomica4 #b vols4 ,oxonii1 #ahaj4 ---- ,the ,politics4 ,trans4 by ,b4 ,jowett4 #b vols4 ,oxford1 #ahhe4 ,armstrong 7,alex471 ,a ,personal ,narrative of the ,discovery of the ,north-,west ,passage4 ,london1 #aheg4 ,arnesen 7,john71 ,historisk ,indledning til den gamle og nye ,islandske ,rttergang4 ,kibenhavn1 #agfb4 ,arnobius1 ',disputationum adversus gentes libri septem'2 in ,migne1 ,patrologi cursus1 vol4 v4 ,parisiis1 #ahdd4 ,arnold 7,thomas71 ,fragment on the ,church4 ,london1 #ahde4 ,arnold 7,wilhelm71 ,deutsche ,urzeit4 ,gotha1 #ahgi4 ,arnot 7,fred471 ,garenganze2 or1 ,seven ,years' ,pioneer ,mission ,work in ,central ,africa4 ,london1 #ahhi4 ,arrian1 ,anabasis et ,indica4 ,ed4 by ,fr4 ,dbner4 ,parisiis1 #ahdf4 ,arvieux 7,chevalier d'71 ,travels in ,arabia the ,desart4 ,trans4 ,london1 #agah4 ,ashe 7,r4 ,p471 ,two ,kings of ,uganda4 ,london1 #ahhi4 ,asiatic7k7 ,researches4 ,calcutta4 ,atharva-,veda1 ,hymns of the4 ,trans4 by ,m4 ,bloomfield4 7,the ,sacred ,books of the ,east1 vol4 xlii474 ,oxford1 #ahig4 ,athenaeus1 ,dipnosophistarum libri quindecim4 ,ed4 by ,g4 ,kaibel4 #c vols4 ,lipsiae1 #ahhg-ij4 ,athenagoras1 ',legatio pro ,christianis'2 in ,migne1 ,patrologi cursus1 ,ser4 ,graeca1 vol4 vi4 ,parisiis1 #aheg4 ,atkinson 7,e4 ,t471 ',notes on the ,history of ,religion in the ,himlaya of the ,n4,w4 ,provinces'2 in ,journal of the ,asiatic ,society of ,bengal1 vol4 liii4 pt4 i4 ,calcutta1 #ahhd4 ,atkinson 7,j4 ,c471 ,forty ,years in a ,moorland ,parish4 ,london1 #ahia4 ,atkinson 7,j4 ,j471 ',the ,natives of ,new ,caledonia'2 in ,folk-,lore1 vol4 xiv4 ,london1 #aijc4 ---- ,primal ,law4 ,london1 #aijc4 ,augustana ,confessio4 ,lipsiae1 #agcj4 #gei ,augustine 7,saint71 ,opera omnia4 #af vols4 7,migne1 ,patrologi cursus1 vols4 xxxii4-xlvii47 ,parisiis1 #ahde-di4 ,aurelius ,victor 7,sextus71 ,libri de ,roman gentis origine1 ,viris illustribus1 ,imperatoribus1 ,epitome4 ,lipsiae ,francofurti1 #agjd4 ,ausland 7,das74 ,stuttgart ,augsburg4 ,aust 7,emil71 ,die ,religion der ,rmer4 ,mnster i4 ,w41 #ahii4 ,austin 7,john71 ,lectures on ,jurisprudence4 #b vols4 ,london1 #ahgc4 ,avebury 7,lord71 ,the ,origin of ,civilisation4 ,london1 #aijb4 ,ayala 7,balthazar71 ,de jure et officiis bellicis et disciplina militari1 libri ,,iii4 ,duaci1 #aehb4 ,ayrault 7,pierre71 ,des procez faicts au cadaver1 aux cendres1 a la mmoire1 aux bestes brutes1 c4 ,angers1 #aeia4 ,azara 7,f4 de71 ,voyages dans l',amrique mridionale4 #d vols4 ,paris1 #ahji4 ,baarda 7,m4 ,j4 van71 ',fabelen1 verhalen en overleveringen der ,galelareezen'2 in ,bijdragen tot de ,taal-1 ,land- en ,volkenkunde van ,nederlandsch-,indi1 vol4 xlv4 7ser4 vi4 vol4 i474 's-,gravenhage1 #ahie4 ,babington 7,churchill71 ,the ,influence of ,christianity in promoting the ,abolition of ,slavery in ,europe4 ,cambridge1 #ahdf4 ,bachofen 7,j4 ,j471 ,das ,mutterrecht4 ,stuttgart1 #ahfa4 ,bacon 7,lord71 ,works4 ,ed4 by ,j4 ,spedding1 ,r4 ,l4 ,ellis1 and ,d4 ,d4 ,heath4 #ad vols4 ,london1 #aheg-gd4 ,baden-,powell 7,b4 ,h471 ,the ,indian ,village ,community4 ,london1 #ahif4 ,bagehot 7,walter71 ,physics and ,politics4 ,london1 #ahgc4 ,bailey 7,john71 ',an ,account of the ,wild ,tribes of the ,veddahs of ,ceylon'2 in ,trans4 ,ethn4 ,soc4 new ser4 vol4 ii4 ,london1 #ahfc4 ,bain 7,alex471 ,the ,emotions and the ,will4 ,london1 #ahhj4 ,baker 7,sir ,s4 ,w471 ,the ,albert ,n'yanza4 #b vols4 ,london1 #ahff4 ---- ,ismaila4 ,london1 #ahgi4 ---- ,the ,nile ,tributaries of ,abyssinia4 ,london1 #ahga4 ,baldwin 7,j4 ,m471 ,social and ,ethical ,interpretations in ,mental ,development4 ,new ,york1 #ahig4 ,balfour 7,a4 ,j471 ,the ,foundations of ,belief4 ,london1 #ahie4 ,balfour 7,edward71 ,the ,cyclopdia of ,india1 and ,eastern and ,southern ,asia4 #c vols4 ,london1 #ahhe4 ,ball 7,c4 ,j471 ',glimpses of ,babylonian ,religion'2 in ,proceed4 ,soc4 ,biblical ,archology1 vol4 xiv4 ,london1 #ahib4 ,ball 7,j4 ,dyer71 ,things ,chinese4 ,london1 #aijj4 ,ball 7,w4 ,mc,k47 and ,roane 7,s4 ,c471 ,revised ,statutes of the ,state of ,arkansas4 ,boston1 #ahch4 ,balmes 7,don ,jaime71 ,el ,protestantismo comparado con el ,catolicismo en sus relaciones con la civilizacion ,europea4 #d vols4 ,barcelona1 #ahdd-de4 ,baluze 7,stephen71 ,capitularia ,regum ,francorum4 #b vols4 ,parisiis1 #afgg4 ,bancroft 7,h4 ,h471 ,the ,native ,races of the ,pacific ,states of ,north ,america4 #e vols4 ,new ,york1 #ahge-gf4 ,bar 7,l4 von71 ,die ,grundlagen des ,strafrechts4 ,leipzig1 #ahfi4 ,barbeyrac 7,jean71 ,trait de la morale des ,pres de l'glise4 ,amsterdam1 #agbh4 ,baring-,gould 7,s471 ,the ,origin and ,development of ,religious ,belief4 #b vols4 ,london1 #ahib4 ---- ,strange ,survivals4 ,london1 #ahib4 #gfj ,barnes 7,albert71 ,the ,church and ,slavery4 ,philadelphia1 #aheg4 ,baronius 7,c471 ,annales ,ecclesiastici4 #ch vols4 ,lucae1 #agch-ei4 ,barrington 7,george71 ,the ,history of ,new ,south ,wales4 ,london1 #ahaj4 ,barrow 7,john71 ,an ,account of ,travels into the ,interior of ,southern ,africa1 in the ,years #agig and #agih4 #b vols4 ,london1 #ahja-jd4 ,bartels 7,max71 ,die ,medicin der ,naturvlker4 ,leipzig1 #ahic4 ,barth 7,a471 ,the ,religions of ,india4 ,trans4 ,london1 #ahhb4 ,barth 7,heinrich71 ,reisen und ,entdeckungen in ,nord- und ,central-,afrika4 #e vols4 ,gotha1 #aheg-eh4 ,bartholinus 7,thomas71 ,antiquitates ,danic4 ,hafniae1 #afij4 ,bartram 7,william71 ',observations on the ,creek and ,cherokee ,indians'2 in ,trans4 ,american ,ethn4 ,soc4 vol4 iii4 pt4 i4 ,new ,york1 #ahec4 ,basil 7,saint71 ,opera4 #d vols4 7,migne1 ,patrologi cursus1 ,ser4 ,graeca1 vols4 xxix4-xxxii47 ,parisiis1 #aheg4 ,bastian 7,a471 ,afrikanische ,reisen4 ,ein ,besuch in ,san ,salvador4 ,bremen1 #ahei4 ---- ,allerlei aus ,volks- und ,menschenkunde4 #b vols4 ,berlin1 #ahhh4 ---- ,die deutsche ,expedition an der ,loango-,kste4 #b vols4 ,jena1 #ahgd-ge4 ---- ,der ,mensch in der ,geschichte4 #c vols4 ,leipzig1 #ahfj4 ,batchelor 7,john71 ,the ,ainu and their ,folk-,lore4 ,london1 #aija4 ---- ,the ,ainu of ,japan4 ,london1 #ahib4 ---- ',notes on the ,ainu'2 in ,trans4 ,asiatic ,soc4 ,japan1 vol4 x4 ,yokohama1 #ahhb4 ,bates 7,h4 ,w471 ,the ,naturalist on the ,river ,amazons4 #b vols4 ,london1 #ahfc4 ',baudhyana1' trans4 by ,g4 ,bhler2 in ,the ,sacred ,books of the ,east1 vol4 xiv4 ,oxford1 #ahhb4 ,baudissin 7,w4 ,w471 ,studien zur semitischen ,religionsgeschichte4 #b vols4 ,leipzig1 #ahgf-gh4 ,baumann 7,oscar71 ',contrre ,sexual-,erscheinungen bei der ,neger-,bevlkerung ,zanzibars'2 in ,verhandl4 der ,berliner ,gesellsch4 fr ,anthropologie1 #ahii4 ---- ,durch ,massailand zur ,nilquelle4 ,berlin1 #ahid4 ---- ,usambara4 ,berlin1 #ahia4 ,baur 7,f4 ,chr471 ,das ,manichische ,religionssystem4 ,tbingen1 #ahca4 ,bax 7,e4 ,b471 ,the ,ethics of ,socialism4 ,london1 #ahic4 ,bayle 7,p471 ,dictionnaire historique et critique4 #af vols4 ,paris1 #ahbj4 ,baynes 7,herbert71 ,the ,idea of ,god and the ,moral ,sense in the ,light of ,language4 ,london1 #ahie4 ,beardmore 7,e471 ',the ,natives of ,mowat1 ,daudai1 ,new ,guinea'2 in ,jour4 ,anthr4 ,inst4 vol4 xix4 ,london1 #ahij4 ,beauchamp 7,w4 ,m471 ',the ,iroquois ,white ,dog ,feast'2 in ,the ,american ,antiquarian and ,oriental ,journal1 vol4 vii4 ,chicago1 #ahhe4 ,beaumanoir 7,philippe de71 ,les coutumes du ,beauvoisis4 #b vols4 ,paris1 #ahdb4 ,beccaria ,bonesana 7,cesare71 ,opere4 #b vols4 ,milano1 #ahba-bb4 ,becker 7,w4 ,a471 ,charikles4 ,ed4 by ,h4 ,gll4 #c vols4 ,berlin1 #ahgg-gh4 ,beecham 7,john71 ,ashantee and the ,gold ,coast4 ,london1 #ahda4 ,beechey 7,f4 ,w471 ,narrative of a ,voyage to the ,pacific and ,behring's ,strait4 #b vols4 ,london1 #ahca4 ,beltrame 7,a4 ,g471 ,il ,fiume ,bianco e i ,dnka4 ,verona1 #ahha4 ---- ,il ,snnaar e lo ,sciangllah4 #b vols4 ,verona ,padova1 #ahgi4 ,benedict 7,saint71 ,regula monachorum4 ,ed4 by ,e4 ,woelfflin4 ,lipsiae1 #ahie4 #gfa ,benny 7,ph4 ,berger71 ,the ,criminal ,code of the ,jews according to the ,talmud ,massecheth ,synhedrin4 ,london1 #ahhj4 ,bent 7,j4 ,theodore71 ,the ,cyclades4 ,london1 #ahhe4 ,bentham 7,jeremy71 ,deontology4 ,ed4 by ,j4 ,bowring4 #b vols4 ,london ,edinburgh1 #ahcd4 ---- ,an ,introduction to the ,principles of ,morals and ,legislation4 ,oxford1 #ahgi4 ---- ,the ,rationale of ,punishment4 ,london1 #ahcj4 ---- ,theory of ,legislation4 ,trans4 from the ,french of ,e4 ,dumont4 ,london #ahhb4 ---- ,the ,works of4 #aa vols4 ,edinburgh1 #ahch-dc4 ',berakhoth'2 in ,le ,talmud de ,jrusalem1 trans4 by ,m4 ,schwab1 vol4 i4 ,paris1 #ahga4 ,bergaigne 7,abel71 ,la religion vdique4 #c vols4 ,paris1 #ahgh-hc4 ,bergemann 7,p471 ,die ,verbreitung der ,anthropophagie ber die ,erde4 ,bunzlau1 #ahic4 ,bergmann 7,b471 ,nomadische ,streifereien unter den ,kalmken4 #d vols4 ,riga1 #ahjd-je4 ,bernard 7,saint71 ,opera omnia4 #b vols4 ,parisiis1 #agai4 ,bernard 7,montague71 ',the ,growth of ,laws and ,usages of ,war'2 in ,oxford ,essays1 #ahef4 ,london1 #ahef4 ,bernau 7,j4 ,h471 ,missionary ,labours in ,british ,guiana4 ,london1 #ahdg4 ,berner 7,a4 ,f471 ,lehrbuch des ,deutschen ,strafrechtes4 ,leipzig1 #ahha4 ,bertholet 7,alfred71 ,die ,stellung der ,israeliten und der ,juden zu den ,fremden4 ,freiburg i4,b4 ,leipzig1 #ahif4 ,best 7,elsdon71 ',the ,lore of the ,whare-,kohanga'2 in ,jour4 ,polynesian ,soc4 vol4 xiv4 ,wellington1 #aije4 ---- ',notes on the ,art of ,war1 as conducted by the ,maori of ,new ,zealand'2 in ,jour4 ,polynesian ,soc4 vol4 xi4 ,wellington1 #aijb4 ---- ',pre-historic ,civilisation in the ,philippines'2 in ,jour4 ,polynesian ,soc4 vol4 i4 ,wellington1 #ahib4 ---- ',tuhoe ,land'2 in ,trans4 and ,proceed4 ,new ,zealand ,institute1 vol4 xxx41 #ahig4 ,wellington1 #ahih4 ,bethune-,baker 7,j4 ,f471 ,the ,influence of ,christianity on ,war4 ,cambridge1 #ahhh4 ',bhagavadgt 7,the7'1 trans4 by ,k4 ,t4 ,telang2 in ,the ,sacred ,books of the ,east1 vol4 viii4 ,oxford1 #ahih4 ,bible 7,the ,holy74 ,appointed to be read in ,churches4 ,bickmore 7,a4 ,s471 ,travels in the ,east ,indian ,archipelago4 ,london1 #ahfh4 ,biener 7,f4 ,a471 ,das englische ,geschwornengericht4 #b vols4 ,leipzig1 #aheb4 ,bijdragen tot de ,taal-1 ,land- en ,volkenkunde van ,nederlandsch-,indi4 's-,gravenhage4 ,bindemann 7,c471 ,der heilige ,augustinus4 #b vols4 ,berlin1 #ahdd-ee4 ,binding 7,karl71 ,die ,normen und ihre bertretung4 #b vols4 ,leipzig1 #ahgb-gg4 ,bingham 7,j471 ,works4 ,ed4 by ,r4 ,bingham4 #aj vols4 ,oxford1 #ahee4 ,binsfeldius 7,p471 ,tractatus de confessionibus maleficorum et sagarum recognitus4 ,augustae ,trevirorum1 #aeia4 ,biot 7douard71 ,de l'abolition de l'esclavage ancien en ,occident4 ,paris1 #ahdj4 ---- ',mmoire sur la condition des esclaves et des serviteurs gags en ,chine'2 in ,journal ,asiatique1 ser4 iii4 vol4 iii4 ,paris1 #ahcg4 ,bird 7,isabella ,l471 ,unbeaten ,tracks in ,japan4 #b vols4 ,london1 #ahhj4 ,birney 7,j4 ,g471 ,letter to the ,churches on the subject of ,slavery4 ,s4l41 #ahcd4 ---- ,second ,letter on the same subject4 ,s4l41 #ahcd84 #gfb ,bishop 7,j4 ,p471 ,commentaries on the ,criminal ,law4 #b vols4 ,boston1 #ahgg4 ,black 7,j4 ,s471 ',fasting'2 in ,encyclopdia ,britannica1 vol4 ix4 ,edinburgh1 #ahgi4 ,blackstone 7,william71 ,the ,commentaries on the ,laws of ,england4 ,adapted to the present ,state of the ,law1 by ,r4 ,m4 ,kerr4 #d vols4 ,london1 #ahgf4 ,blakey 7,robert71 ,the ,temporal ,benefits of ,christianity4 ,london1 #ahdi4 ,bledsoe 7,a4 ,t471 ,an ,essay on ,liberty and ,slavery4 ,philadelphia1 #aheg4 ,block 7,maurice71 ,dictionnaire gnral de la politique4 #b vols4 ,paris1 #ahgc-gd4 ,blmner 7,heinrich71 ,ueber die ,idee des ,schicksals in den ,tragdien des ,aischylos4 ,leipzig1 #ahad4 ,blmner 7,hugo71 ,the ,home ,life of the ,ancient ,greeks4 ,trans4 ,london1 #ahic4 ,blumentritt 7,ferd471 ',der ,ahnencultus und die religisen ,anschauungen der ,malaien des ,philippinen-,archipels'2 in ,mittheilungen der kais4 und kn4 ,geographischen ,gesellschaft in ,wien1 vol4 xxv4 ,wien1 #ahhb4 ---- ',die ,sitten und ,bruche der alten ,tagalen'2 in ,zeitschr4 f4 ,ethnol4 vol4 xxv4 ,berlin1 #ahic4 ---- ,versuch einer ,ethnographie der ,philippinen4 ,gotha1 #ahhb4 ,blunt 7,lady ,anne71 ,bedouin ,tribes of the ,euphrates4 #b vols4 ,london1 #ahgi4 ,bluntschli 7,j4 ,c471 ,le droit international codifi4 ,trans4 ,paris1 #ahhf4 ,boas 7,franz71 ',the ,central ,eskimo'2 in ,ann4 ,rep4 ,bur4 ,ethn4 vi41 #ahhd-he4 ,washington1 #ahhh4 ---- ',first ,general ,report on the ,indians of ,british ,columbia'2 in ,fifth ,report on the ,north-,western ,tribes of ,canada4 7,reprinted from the ,report of the ,british ,association for #ahhi47 ,london4 ---- ',the ,social ,organization and the ,secret ,societies of the ,kwakiutl ,indians'2 in ,annual ,report of the ,board of ,regents of the ,smithsonian ,institution1 #ahie4 ,washington1 #ahig4 ,bock 7,carl71 ,the ,head-,hunters of ,borneo4 ,london1 #ahha4 ,bodenschatz 7,j4 ,chr4 ,g471 ,kirchliche ,verfassung der heutigen ,juden4 #d vols4 ,erlang1 #agdh-di4 ,bodin 7,jean71 ,de republica4 ,ursellis1 #afja4 ,boeckh 7,a471 ,gesammelte kleine ,schriften4 #g vols4 ,leipzig1 #aheh-gb4 ,bogle 7,george71 ,narrative of the ,mission of1 to ,tibet1 c4 ,ed4 by ,c4 ,r4 ,markham4 ,london1 #ahgf4 ,bohnenberger 7,k471 ,der altindische ,gott ,varun4a4 ,tbingen1 #ahic4 ,boissier 7,gaston71 ,la religion romaine d',auguste aux ,antonins4 #b vols4 ,paris1 #ahgd4 ,boller 7,h4 ,a471 ,among the ,indians4 ,philadelphia1 #ahfh4 ,bonaventura 7,saint71 ,opera4 #ac vols4 ,venetiis1 #agea-ef4 ,bonet 7,honor71 ,l'arbre des batailles4 ,ed4 by ,e4 ,nys4 ,bruxelles ,leipzig1 #ahhc4 ,bonfanti 7,m471 ',l'incivilimento dei negri nell' ,africa intertropicale'2 in ,archivio per l'antropologia e la etnologia1 vol4 xv4 ,firenze1 #ahhe4 ,bonney 7,f471 ',on some ,customs of the ,aborigines of the ,river ,darling'2 in ,jour4 ,anthr4 ,inst4 vol4 xiii4 ,london1 #ahhd4 ,bonwick 7,james71 ,daily ,life and ,origin of the ,tasmanians4 ,london1 #ahgj4 ,book of the ,dead4 ,trans4 by ,sir ,p4 le ,page ,renouf4 7,reprinted from the ,proceed4 ,soc4 ,biblical ,archology1 vols4 xiv4-xix47 ,london1 #ahib-ig4 ,book of the ,ordre of ,chyualry or ,knyghthode 7,the74 ,trans4 by ,w4 ,caxton4 ,westminster1 #adhd8 #gfc ,boone 7,w4 ,j471 ,an ,essay1 on the proper ,rendering of the ,words ,elohim and ,greek3 ,theos into the ,chinese ,language4 ,canton1 #ahdh4 ,bory de ,st4 ,vincent 7,j4 ,b4 ,g4 ,m471 ,essais sur les ,isles ,fortunes4 ,paris1 #ahjc4 ,bose 7,shib ,chunder71 ,the ,hindoos as they are4 ,london ,calcutta1 #ahha4 ,bosman 7,william71 ,a ,new and ,accurate ,description of the ,coast of ,guinea4 ,trans4 ,london1 #agba4 ,bosquett 7,a471 ,treatise on ,duelling4 ,london1 s4d4 ,bossu 7--71 ,travels through that ,part of ,north ,america formerly called ,louisiana4 ,trans4 #b vols4 ,london1 #agga4 ,boston ,journal of ,natural ,history4 ,boston4 ,boston ,review 7,the74 ,devoted to ,theology and ,literature4 ,boston4 ,bouche 7,p471 ,sept ans en ,afrique occidentale4 ,la ,ct des ,esclaves et ,le ,dahomey4 ,paris1 #ahhe4 ,boulainvilliers 7,count de71 ,histoire de l'ancien gouvernement de la ,france4 #c vols4 ,la ,haye ,amsterdam1 #agbg4 ,bouquet 7,martin7 and others1 ,recueil des ,historiens des ,gaules et de la ,france4 #bd vols4 ,paris1 #agch-aijd4 ,bourke 7,j4 ,g471 ',the ,medicine-,men of the ,apache'2 in ,ann4 ,rep4 ,bur4 ,ethn4 vol4 ix4 ,washington1 #ahib4 ---- ,the ,snake-,dance of the ,moquis of ,arizona4 ,london1 #ahhd4 ,bourquelot 7,flix71 ',recherches sur les opinions et la legislation en matire de mort volontaire pendant le moyen ge'2 in ,bibliothque de l'cole des ,chartes1 vols4 iii4-iv4 ,paris1 #ahda-dc4 ,bouvier 7,j4-,b471 ,institutiones philosophic4 ,parisiis1 #ahdd4 ,bove 7,giacomo71 ,patagonia4 ,terra del ,fuoco4 ,mari ,australi4 ,genova1 #ahhc4 ,bowdich 7,t4 ,e471 ,mission from ,cape ,coast ,castle to ,ashantee4 ,london1 #ahai4 ,bowring 7,sir ,john71 ,the ,kingdom and ,people of ,siam4 #b vols4 ,london1 #aheg4 ---- ,a ,visit to the ,philippine ,islands4 ,london1 #ahei4 ,boyle 7,d471 ',on the ,paganism of the ,civilised ,iroquois of ,ontario'2 in ,jour4 ,anthr4 ,inst4 vol4 xxx4 ,london1 #aijj4 ,boyle 7,fred471 ,adventures among the ,dyaks of ,borneo4 ,london1 #ahfe4 ,brace 7,c4 ,loring71 ,gesta ,christi4 ,london1 #ahij4 ,bracton 7,henricus de71 ,de ,legibus et ,consuetudinibus ,angli4 ,ed4 by ,sir ,travers ,twiss4 #b vols4 ,london1 #ahgh-gi4 ,bradbury 7,john71 ,travels in the ,interior of ,america1 in the ,years #ahji-ahaa4 ,liverpool1 #ahag4 ,bradley 7,f4 ,h471 ,ethical ,studies4 ,london1 #ahgf4 ,bradley-,birt 7,f4 ,b471 ,chota ,nagpore4 ,london1 #aijc4 ,brainne 7,ch471 ,la ,nouvelle-,caldonie4 ,paris1 #ahed4 ,brandt 7,a4 ,j4 ,h4 ,w471 ,die ,mandische ,religion4 ,leipzig1 #ahhi4 ---- ,mandische ,schriften bersetzt und erlutert4 ,gttingen1 #ahic4 ,brebeuf 7,jean de71 ',relation de ce qui s'est pass dans le pays des ,hurons1 en l'anne #afcf'2 in ,relations des ,jsuites1 vol4 i4 ,quebec1 #aheh4 ,breeks 7,j4 ,wilkinson71 ,an ,account of the ,primitive ,tribes of the ,nilagiris4 ,london1 #ahgc4 ,brehm 7,a4 ,e471 ,from ,north ,pole to ,equator4 ,trans4 ,london1 #ahif4 ---- ,thierleben4 #aj vols4 ,leipzig1 #ahgg-hj4 ,brenchley 7,j4 ,l471 ,jottings during the ,cruise of ,h4,m4,s4 ,curaoa among the ,south ,sea ,islands in #ahfe4 ,london1 #ahgc4 ,brenner 7,j4 von71 ,besuch bei den ,kannibalen ,sumatras4 ,wrzburg1 #ahid4 ,breton 7,w4 ,h471 ,excursions in ,new ,south ,wales1 c4 ,london1 #ahcc4 #gfd ,brett 7,w4 ,h471 ,the ,indian ,tribes of ,guiana4 ,london1 #ahfh4 ,brevard 7,joseph71 ,an ,alphabetical ,digest of the ,public ,statute ,law of ,south ,carolina4 #c vols4 ,charleston 7,s4 ,c471 #ahad4 ,bridel 7,louis71 ,le droit des femmes et le mariage4 ,paris1 #ahic4 ,bridges 7,thomas71 ,letter referring to the ,fuegians1 in ,the ,south ,american ,missionary ,magazine1 vol4 xiii4 ,london1 #ahgi4 ---- ',manners and ,customs of the ,firelanders'2 in ,a ,voice for ,south ,america1 vol4 xiii4 ,london1 #ahff4 ',brihaspati1' trans4 by ,j4 ,jolly2 in ,the ,sacred ,books of the ,east1 vol4 xxxiii4 ,oxford1 #ahhi4 ,brinton 7,d4 ,g471 ,american ,hero-,myths4 ,philadelphia1 #ahhb4 ---- ,the ,myths of the ,new ,world4 ,new ,york1 #ahfh4 ---- ,religions of ,primitive ,peoples4 ,new ,york ,london1 #ahii4 ,brissonius 7,b471 ,de regio ,persarum principatu4 ,argentorati1 #agaj4 ,britton1 ,on the ,laws of ,england4 ,ed4 and trans4 by ,f4 ,m4 ,nichols4 #b vols4 ,oxford1 #ahfe4 ,brooke 7,charles71 ,ten ,years in ,sarwak4 #b vols4 ,london1 #ahff4 ,brown 7,thomas71 ,lectures on the ,philosophy of the ,human ,mind4 ,edinburgh1 #ahcd4 ,browne 7,e4 ,h471 ,an ,exposition of the ,thirty-,nine ,articles4 ,london1 #ahhg4 ,browne 7,sir ,thomas71 ,christian ,morals4 ,cambridge1 #agaf4 ,bruce 7,james71 ,travels to discover the ,source of the ,nile4 #h vols4 ,edinburgh1 #ahje4 ,brugsch 7,heinrich71 ,die gyptologie4 ,leipzig1 #ahia4 ---- ,a ,history of ,egypt under the ,pharaohs4 ,trans4 #b vols4 ,london1 #ahha4 ---- ,im ,lande der ,sonne4 ,berlin1 #ahhf4 ,brunner 7,heinrich71 ,deutsche ,rechtsgeschichte4 #b vols4 ,leipzig1 #ahhg-ib4 ---- ,forschungen zur ,geschichte des deutschen und franzsischen ,rechtes4 ,stuttgart1 #ahid4 ,bruns 7,c4 ,g471 ,fontes juris romani antiqui4 ,ed4 by ,th4 ,mommsen and ,o4 ,gradenwitz4 ,friburgi i4 ,b4 ,lipsiae1 #ahic4 ,brunus 7,conradus71 ,de ,legationibus libri quinque4 ,moguntiae1 #aedh4 ,brussel 7,n471 ,nouvel examen de l'usage gnral des fiefs en ,france1 pendant les onzime1 douzime1 treizime et quatorzime sicles4 #b vols4 ,paris1 #agej4 ,bry 7,theodor de71 ,narrative of ,le ,moyne1 an ,artist who accompanied the ,french ,expedition to ,florida under ,laudonnire1 #aefd4 ,trans4 ,boston1 #ahge4 ,bryce 7,james71 ,studies in ,history and ,jurisprudence4 #b vols4 ,oxford1 #aija4 ,buch 7,m471 ',die ,wotjaken'2 in ,acta ,soc4 ,scientiarum ,fennic1 vol4 xii4 ,helsingfors1 #ahhc4 ,buchanan 7,james71 ,sketches of the ,history1 ,manners1 and ,customs of the ,north ,american ,indians4 ,london1 #ahbd4 ,buchner 7,max71 ,kamerun4 ,leipzig1 #ahhg4 ,buckle 7,h4 ,t471 ,history of ,civilization in ,england4 #c vols4 ,london1 #ahid4 ---- ,miscellaneous and ,posthumous ,works4 #c vols4 ,london1 #ahgb4 ,bcher 7,karl71 ,die ,entstehung der ,volkswirtschaft4 ,tbingen1 #aijd4 ,bhler 7,j4 ,g471 ,grundriss der indo-arischen ,philologie und ,altertumskunde4 ,ed4 by ,j4 ,g4 ,b4 ,strassburg1 #ahif1 c4 ,bulletins de la ,socit d',anthropologie de ,paris4 ,bulmerincq 7,a471 ,das ,asylrecht und die ,auslieferung flchtiger ,verbrecher4 ,dorpat1 #ahec4 #gfe';,bundahis 7,the71' trans4 by ,e4 ,w4 ,west2 in ,the ,sacred ,books of the ,east1 vol4 v4 ,oxford1 #ahhj4 ,bunsen 7,c4 ,c4 ,j471 ,analecta ,ante-,nicna4 #c vols4 ,london1 #ahed4 ---- ,christianity and ,mankind4 #g vols4 ,london1 #ahed4 ---- ,de jure hereditario ,atheniensium4 ,gottingae1 #ahac4 ,buonafede 7,a471 ,istoria critica e filosofica del suicidio4 ,venezia1 #aghh4 ,burchell 7,w4 ,j471 ,travels in the ,interior of ,southern ,africa4 #b vols4 ,london1 #ahbb-bd4 ,burckhardt 7,j4 ,l471 ,arabic ,proverbs4 ,london1 #ahcj4 ---- ,notes on the ,bedouins and ,wahbys4 ,london1 #ahcj4 ---- ,travels in ,arabia4 #b vols4 ,london1 #ahbi4 ---- ,travels in ,nubia4 ,london1 #ahbb4 ,buret 7,f471 ,la syphilis aujourd'hui et chez les anciens4 ,paris1 #ahij4 ---- ,syphilis in the ,middle ,ages and in ,modern ,times4 ,trans4 ,philadelphia1 #ahie4 ,burns 7,robert71 ',the ,kayans of the ,north-,west of ,borneo'2 in ,the ,journal of the ,indian ,archipelago and ,eastern ,asia1 vol4 iii4 ,singapore1 #ahdi4 ,burrows 7,guy71 ,the ,land of the ,pigmies4 ,london1 #ahih4 ,burton 7,r4 ,f471 ,abeokuta and the ,camaroons ,mountains4 #b vols4 ,london1 #ahfc4 ---- ,the ,book of the ,thousand ,nights and a ,night4 #aj vols4 ,london1 #ahhe-hf4 7,quoted in ch4 xliii47 ---- ,the same work4 #ab vols4 ,london1 #ahid4 ---- ,the ,city of the ,saints4 ,london1 #ahfa4 ---- ,first ,footsteps in ,east ,africa4 ,london1 #ahef4 ---- ,the ,highlands of the ,brazil4 #b vols4 ,london1 #ahfi4 ---- ,the ,lake ,regions of ,central ,africa4 #b vols4 ,london1 #ahfj4 ---- ,a ,mission to ,gelele1 ,king of ,dahome4 #b vols4 ,london1 #ahfd4 ---- ,personal ,narrative of a ,pilgrimage to ,al-,madinah ,meccah4 #b vols4 ,london1 #ahih4 ---- ,sind ,revisited4 #b vols4 ,london1 #ahgg4 ---- ,sindh4 ,london1 #ahea4 ---- ,two ,trips to ,gorilla ,land and the ,cataracts of the ,congo4 #b vols4 ,london1 #ahgf4 ---- ,wit and ,wisdom from ,west ,africa4 ,london1 #ahfe4 ---- ,zanzibar4 #b vols4 ,london1 #ahgb4 ---- and ,drake 7,ch4 ,f4 ,tyrwhitt71 ,unexplored ,syria4 #b vols4 ,london1 #ahgb4 ,butler 7,john71 ,travels and ,adventures in the ,province of ,assam4 ,london1 #ahee4 ,butler 7,joseph71 ,the ,analogy of ,religion1 ,dissertations1 and ,sermons4 ,london1 #ahic4 ,buxtorf 7,j471 ,synagoga ,judaica4 ,basile1 #afhj4 ,bynkershoek 7,c4 van71 ,observationum ,juris ,romani libri quatuor4 ,lugduni ,batavorum1 #agaj4 ---- ,qustionum juris publici libri duo4 ,lugduni ,batavorum1 #agcg4 ,caesar 7,c4 ,j471 ,opera omnia4 #e vols4 ,london1 #ahai4 ,cailli 7,rn71 ,travels through ,central ,africa to ,timbuctoo4 #b vols4 ,london1 #ahcj4 ,caird 7,edward71 ,the ,evolution of ,religion4 #b vols4 ,glasgow1 #ahid4 #gff ,caland 7,w471 ,die ,altindischen ,todten- und ,bestattungsgebruche4 ,amsterdam1 #ahif4 ,calcutta ,review 7,the74 ,calcutta4 ,caldwell 7,r471 ,the ,tinnevelly ,shanars4 ,madras1 #ahdi4 ,callaway 7,henry71 ,the ,religious ,system of the ,amazulu4 ,natal1 #ahfh-gj4 ,calvert 7,a4 ,f471 ,the ,aborigines of ,western ,australia4 ,london1 #ahid4 ,calvin 7,j471 ,institutio ,christian religionis4 #b vols4 ,berolini1 #ahcd-ce4 ,cameron 7,a4 ,l4 ,p471 ',notes on some ,tribes of ,new ,south ,wales'2 in ,jour4 ,anthr4 ,inst4 vol4 xiv4 ,london1 #ahhe4 ,campbell 7,f4 ,a471 ,a ,year in the ,new ,hebrides1 ,loyalty ,islands1 and ,new ,caledonia4 ,geelong ,melbourne1 #ahgc4 ,campbell 7,john71 ,a ,personal ,narrative of ,thirteen ,years' ,service amongst the ,wild ,tribes of ,khondistan4 ,london1 #ahfd4 ,campbell 7,john71 ,travels in ,south ,africa4 ,london1 #ahae4 ---- ,travels in ,south ,africa1 being a ,narrative of a ,second ,journey in the ,interior of that ,country4 #b vols4 ,london1 #ahbb4 ,candelier 7,h471 ,rio-,hacha et les ,indiens ,goajires4 ,paris1 #ahic4 ,canons and ,decrees of the ,council of ,trent 7,the74 ,trans4 by ,j4 ,waterworth4 ,london1 #ahdh4 ',canons enacted under ,king ,edgar'2 in ,ancient ,laws and ,institutes of ,england4 ,london1 #ahdj4 ,cape ,monthly ,magazine 7,the74 ,cape ,town4 ',capitularium ,caroli ,magni et ,ludovici ,pii libri ,,vii4'2 in ,georgisch1 ,corpus juris ,germanici antiqui4 ,halae ,magdeburgicae1 #agch4 ,cardi 7,le ,comte ,c4 ,n4 de71 ',ju-ju ,laws and ,customs in the ,niger ,delta'2 in ,jour4 ,anthr4 ,inst4 vol4 xxix4 ,london1 #ahii4 ,carmichael 7,alexander71 ,carmina ,gadelica4 #b vols4 ,edinburgh1 #aijj4 ,carpenter 7,edward71 ,intermediate ,types among ,primitive ,folk4 ,london1 #aiad4 ,carrington 7,f4 ,a47 and ,payne 7,j471 ,reports of ,cases argued and ruled at ,nisi ,prius1 in the ,courts of ,king's ,bench1 ,common ,pleas1 ,exchequer4 #i vols4 ,london1 #ahbe-da4 ,caruthers 7,r4 ,l47 and ,nicholson 7,a4 ,o4 ,p471 ,a ,compilation of the ,statutes of ,tennessee4 ,nashville 7,tenn471 #ahcf4 ,carver 7,j471 ,travels through the ,interior ,parts of ,north ,america4 ,london1 #agha4 ,casalis 7,e471 ,the ,basutos4 ,london1 #ahfa4 ,casati 7,g471 ,ten ,years in ,equatoria4 ,trans4 #b vols4 ,london1 #ahia4 ,castelnau 7,f4 de71 ,expdition dans les parties centrales de l',amrique du ,sud4 #g vols4 ,paris1 #ahej-ei4 ,castrn 7,m4 ,a471 ,nordiska resor och forskningar4 #e vols4 ,helsingfors1 #aheb-eh4 ,catechism of the ,council of ,trent 7,the74 ,trans4 by ,th4 ,a4 ,buckley4 ,london1 #aheb4 ,catlin 7,george71 ,illustrations of the ,manners1 ,customs1 and ,condition of the ,north ,american ,indians4 #b vols4 ,london1 #ahgf4 ,catullus 7,c4 ,v471 ,opera omnia4 #b vols4 ,londini1 #ahbb4 ,cauvet 7,j471 ',de l'organisation de la famille ,athnes'2 in ,revue de legislation et de jurisprudence1 vol4 xxiv4 ,paris1 #ahde4 ,celtic ,magazine 7,the74 ,inverness4 ,certeux 7,a47 and ,carnoy 7,e4 ,h471 ,l',algrie traditionnelle4 ,paris ,alger1 #ahhd4 #gfg ,chaikin 7,a471 ,apologie des ,juifs4 ,paris1 #ahhg4 ,chalmers 7--71 ',cruelty to ,animals'2 in ,the ,methodist ,magazine1 vol4 ix4 ,new ,york1 #ahbf4 ,chalmers 7,james71 ,pioneer ,life and ,work in ,new ,guinea #ahgg-ahid4 ,london1 #ahie4 ---- ,pioneering in ,new ,guinea4 ,london1 #ahhg4 ---- and ,gill 7,w4 ,w471 ,work and ,adventure in ,new ,guinea4 ,london1 #ahhe4 ,chalmers 7,john71 ',chinese ,natural ,theology'2 in ,the ,china ,review1 vol4 v4 ,hongkong1 #ahgf-gg4 ,chamberlain 7,a4 ,f471 ,the ,child and ,childhood in ,folk-,thought4 ,new ,york1 #ahif4 ,chamberlain 7,b4 ,h471 ,things ,japanese4 ,london1 #aijb4 ,chambers 7,r471 ,the ,book of ,days4 #b vols4 ,london ,edinburgh1 #ahfb-fd4 ,chambers's ,edinburgh ,journal4 ,edinburgh ,london4 ,chanler 7,w4 ,a471 ,through ,jungle and ,desert4 ,london ,new ,york1 #ahif4 ,chapelain 7,j471 ,de la lecture des vieux romans4 ,ed4 by ,a4 ,feillet4 ,paris1 #ahgj4 ,chapman 7,j471 ,travels in the ,interior of ,south ,africa4 #b vols4 ,london1 #ahfh4 ,charlemagne1 ,opera omnia4 #b vols4 7,migne1 ,patrologi cursus1 vols4 xcvii4-xcviii47 ,parisiis1 #ahea4 ,charles ,v4 7,emperor71 ,die ,peinliche ,gerichtsordnung4 ,ed4 by ,h4 ,zoepfl4 ,heidelberg1 #ahdb4 ,charlevoix 7,p4 ,f4 ,x4 de71 ,the ,history of ,paraguay4 ,trans4 #b vols4 ,london1 #agfi4 ---- ,a ,voyage to ,north-,america4 ,trans4 #b vols4 ,dublin1 #agff4 ,chasseboeuf de ,volney 7,c4 ,f471 ,travels through ,syria and ,egypt1 in the ,years #aghc-aghe4 ,trans4 #b vols4 ,london1 #aghh4 ,chauveau 7,a47 and ,helie 7,f471 ,thorie du ,code pnal4 #h vols4 ,paris1 #aheb4 ,chavanne 7,j471 ,die ,sahara4 ,wien1 c41 #ahgi4 ,cherry 7,r4 ,r471 ,lectures on the ,growth of ,criminal ,law in ,ancient ,communities4 ,london1 #ahij4 ,chevalier 7,j471 ,l'inversion sexuelle4 ,lyon ,paris1 #ahic4 ,chevers 7,norman71 ,a ,manual of ,medical ,jurisprudence for ,india4 ,calcutta1 #ahgj4 ,cheyne 7,t4 ,k47 and ,black 7,j4 ,s471 ,encyclopdia ,biblica4 #d vols4 ,london1 #ahii-aijc4 ,childers 7,r4 ,c471 ,a ,dictionary of the ,pali ,language4 ,london1 #ahge4 ,china ,review 7,the74 ,hongkong4 ,chinese ,repository 7,the74 ,canton4 ,chitty 7,joseph71 ,a ,treatise on the ,laws of ,commerce and ,manufactures4 #d vols4 ,london1 #ahbj-bd4 ,chlotar ,,ii4 7,king71 ',edictum de ,synodo ,parisiensi'2 in ,migne1 ,patrologi cursus1 vol4 lxxx4 ,paris1 #ahej4 ,christian 7,f4 ,w471 ,the ,caroline ,islands4 ,london1 #ahii4 ,christian ,review 7,the74 ,rochester 7,n4,y474 ,chrysostom 7,saint ,j471 ,opera omnia4 7,migne1 ,patrologi cursus1 ,ser4 ,graeca1 vols4 xlvii4-lxiv47 ,parisiis1 #aheh-fj4 ',chung ,yung'2 in ,legge1 ,the ,chinese ,classics1 vol4 i4 ,oxford1 #ahic4 ,church ,missionary ,intelligencer 7,the74 ,london4 ,churchill 7,ch4 ,h471 ,mount ,lebanon4 #c vols4 ,london1 #ahec4 ,chwolsohn 7,d471 ,die ,ssabier und der ,ssabismus4 #b vols4 ,st4 ,petersburg1 #ahef4 ,cibrario 7,luigi71 ,delia economia politica del media eve4 #b vols4 ,torino1 #ahfa4 ---- ,della schiavit e del servaggio4 #b vols4 ,milano1 #ahfh4 #gfh ,cicero 7,m4 ,tullius71 ,opera4 #ag vols4 ,londini1 #ahcj4 ,cieza de ,leon 7,p4 de71 ',la ,crnica del ,per parte primera'2 in ,biblioteca de autores espaoles1 vol4 xxvi4 ,madrid1 #ahec4 ---- ,segunda parte de la ,crnica del ,per4 ,madrid1 #ahhj4 ,clark 7,c47 and ,finnelly 7,w471 ,reports of ,cases decided in the ,house of ,lords1 on ,appeals and ,writs of ,error4 ,london1 #ahce-dg4 ,clark 7,e4 ,c471 ,an ,analysis of ,criminal ,liability4 ,cambridge1 #ahhj4 ,clarke 7,r4 ,f471 ',on ,cruelty to ,animals in its ,moral ,aspect'2 in ,the ,month and ,catholic ,review1 vol4 xxv4 ,london1 #ahge4 ,clarke 7,samuel71 ,a ,discourse concerning the ,being and ,attributes of ,god1 the ,obligations of ,natural ,religion1 and the ,truth and ,certainty of the ,christian ,revelation4 ,london1 #agch4 ,clarkson 7,thomas71 ,an ,essay on the ,slavery and ,commerce of the ,human ,species4 ,london1 #aghh4 ,clarus 7,julius71 ,opera omnia4 #b vols4 ,genevae1 #agci4 ,clavigero 7,f4 ,s471 ,the ,history of ,mexico4 ,trans4 #b vols4 ,london1 #ahjg4 ,clay 7,c4 ,c471 ,a ,digest of the ,laws of the ,state of ,alabama4 ,tuskaloosa1 #ahdc4 ,clay 7,w4 ,lowe71 ,the ,prison ,chaplain4 ,cambridge1 #ahfa4 ,cleffelius 7,j4 ,chr471 ,antiquitates ,germanorum potissimum septentrionalium4 ,francofurti ,lipsiae1 #agcc4 ,clement of ,alexandria1 ,opera omnia4 7,migne1 ,patrologi cursus1 ,ser4 ,graeca1 vols4 viii4-ix47 ,parisiis1 #aheg4 ,clement ,i4 of ,rome 7,saint71 ,opera omnia4 7,migne1 ,patrologi cursus1 ,ser4 ,graeca1 vols4 i4-ii47 ,parisiis1 #aheg4 ,cleveland 7,a4 ,r471 ,woman under the ,english ,law4 ,london1 #ahif4 ,clifford 7,w4 ,k471 ,lectures and ,essays4 ,ed4 by ,leslie ,stephen and ,frederick ,pollock4 ,london1 #ahhf4 ,clodd 7,edward71 ,tom ,tit ,tot4 ,london1 #ahih4 ,cnut 7,king71 ',the ,laws of'2 in ,ancient ,laws and ,institutes of ,england4 ,london1 #ahdj4 ,cobb 7,th4 ,r4 ,r471 ,an ,inquiry into the ,law of ,negro ,slavery in the ,united ,states of ,america4 ,philadelphia ,savannah1 #aheh4 ,cobbe 7,frances ,p471 ,the ,modern ,rack4 ,papers on ,vivisection4 ,london1 #ahhi4 ,cochin 7,a471 ,l'abolition de l'esclavage4 #b vols4 ,paris1 #ahfa4 ,code ,civil4 ,ed4 by ,g4 ,griolet and ,ch4 ,verg4 ,paris1 #aijg4 ,code ,napolon4 ,paris1 #ahec4 ,code ,noir 7,le74 ,paris1 #agfg4 ,code of ,virginia 7,the74 #b vols4 ,richmond1 #ahdi4 ,code ,pnal4 #b vols4 ,paris1 #ahaj4 ,codex ,justinianus4 ,see ,justinian4 ,codex ,theodosianus4 ,ed4 by ,g4 ,haenel4 ,bonnae1 #ahdb4 ,codice ,penale per il ,regno d',italia 7,,ii74 ,ed4 by ,g4 ,crivellari4 ,torino1 #ahhi4 ,codigo ,penal dos ,estados ,unidos do ,brazil4 ,ed4 by ,m4 ,g4 d ,alencastro ,autran4 ,rio de ,janeiro1 #ahib4 ,cdigo ,penal reformado4 ,madrid1 #ahgj4 ,codrington 7,r4 ,h471 ,the ,melanesians4 ,oxford1 #ahia4 ,cohn 7,l471 ,zur ,lehre vom versuchten und unvollendeten ,verbrechen4 ,breslau1 #ahhj4 ,coke 7,edward71 ,the ,third ,part of the ,institutes of the ,laws of ,england4 ,london1 #afhj4 ,cole 7,h471 ',notes on the ,wagogo of ,german ,east ,africa'2 in ,jour4 ,anthr4 ,inst4 vol4 xxxii4 ,london1 #aijb4 #gfi ,colebrooke 7,t4 ,e471 ,miscellaneous ,essays4 #c vols4 ,london1 #ahgc4 ,colenso 7,william71 ,on the ,maori ,races of ,new ,zealand4 ,s4 l41 #ahfe4 ,collins 7,david71 ,an ,account of the ,english ,colony in ,new ,south ,wales4 #b vols4 ,london1 #agih-ahjb4 ,colquhoun 7,a4 ,r471 ,amongst the ,shans4 ,london1 #ahhe4 ,compayr 7,g471 ,l'volution intellectuelle et morale de l'enfant4 ,paris1 #ahic4 ,comte 7,auguste71 ,cours de philosophie positive4 #f vols4 ,paris1 #ahcj-db4 ,confrence de ,bruxelles4 ,la ,haye1 #ahij4 ,confrence internationale de la paix4 ,la ,haye #ah ,mai-#bi ,juillet #ahii4 #d parts4 ,la ,haye1 #ahii4 ,confession of ,faith 7,the71 together with ,the ,larger and ,shorter ,catechisms1 composed by the ,assembly of ,divines at ,westminster4 ,london1 #agag4 ,connolly 7,r4 ,m471 ',social ,life in ,fanti-land'2 in ,jour4 ,anthr4 ,inst4 vol4 xxvi4 ,london1 #ahig4 ,constant 7,benjamin71 ,de la religion4 #f vols4 ,paris1 #ahbd-cb4 ',constitutiones ,apostolicae'2 in ,bunsen1 ,christianity and ,mankind1 vol4 vi4 ,london1 #ahed4 ,constitutiones ,neapolitan sive ,sicul4 ,see ,frederick ,,ii4 ,contemporary ,review 7,the74 ,london4 ,convention signed at ,geneva1 ,august #bb1 #ahfd1 for the ,amelioration of the ,condition of the ,wounded in ,armies in the ,field4 7,appendix ,no4 ,,vi4 in ,lorimer1 ,the ,institutes of the ,law of ,nations1 vol4 ii47 ,edinburgh1 #ahhd4 ,cook 7,f4 ,c471 ,the ,holy ,bible1 ed4 by ,f4 ,c4 ,c4 #aj vols4 ,london1 #ahga-ha4 ,cook 7,james71 ,a ,journal of a ,voyage round the ,world 4 4 4 in the ,years #agfh-ga4 ,london1 #agga4 ---- ,a ,voyage to the ,pacific ,ocean 4 4 4 in the ,years #aggf-hj4 #c vols4 ,london1 #ahge4 ,cooke 7,g4 ,wingrove71 ,china4 ,london1 #aheh4 ,cooper 7,t4 ,t471 ,the ,mishmee ,hills4 ,london1 #ahgc4 ,coquilhat 7,c471 ,sur le ,haut-,congo4 ,paris1 #ahhh4 ,coreal 7,f471 ,voyages aux ,indes ,occidentales4 ,trans4 #c vols4 ,amsterdam1 #agbb4 ,cosmos4 ,ed4 by ,g4 ,cora4 ,torino4 ,coudreau 7,h4 ,a471 ,la ,france quinoxiale4 #b vols4 ,paris1 #ahhg4 ,couto de ,magalhes 7,j4 ,v471 ,trabalho preparatorio para aproveitamento do selvagem e do solo por elle occupado no ,brazil4 ,o selvagem4 ,rio de ,janeiro1 #ahgf4 ,couty 7,louis71 ,l'esclavage au ,brsil4 ,paris1 #ahha4 ,covarruvias a ,leyva 7,d4 de71 ,opera omnia4 #b vols4 ,antverpi1 #afch4 ,coxe 7,william71 ,account of the ,russian ,discoveries between ,asia and ,america4 ,london1 #ahjd4 ,cranz 7,david71 ,the ,history of ,greenland4 ,trans4 #b vols4 ,london1 #ahbj4 ,crawfurd 7,john71 ,history of the ,indian ,archipelago4 #c vols4 ,edinburgh1 #ahbj4 ,crawley 7,ernest71 ,the ,mystic ,rose4 ,london1 #aijb4 ,crell 7,j471 ,ethica ,christiana4 ,selenoburgi1 #affc84 ,cremony 7,j4 ,c471 ,life among the ,apaches4 ,san ,francisco1 #ahfh4 ,crooke 7,w471 ,the ,north-,western ,provinces of ,india4 ,london1 #ahig4 ---- ,the ,popular ,religion and ,folk-,lore of ,northern ,india4 #b vols4 ,westminster1 #ahif4 ---- ,things ,indian4 ,london1 #aijf4 ---- ,the ,tribes and ,castes of the ,north-,western ,provinces and ,oudh4 #d vols4 ,calcutta1 #ahif4 #ggj ,crowther 7,s47 and ,taylor 7,j4 ,c471 ,the ,gospel on the ,banks of the ,niger4 ,london1 #ahei4 ,crozals 7,j4 de71 ,histoire de la civilisation4 #b vols4 ,paris1 #ahhg4 ,crozet 7--71 ,voyage to ,tasmania1 c4 in the ,years #agga-b4 ,trans4 ,london1 #ahia4 ',cruelty to ,animals in ,naples'2 in ,the ,saturday ,review1 vol4 lix4 ,london1 #ahhe4 ,cruickshank 7,b471 ,eighteen ,years on the ,gold ,coast of ,africa4 #b vols4 ,london1 #ahec4 ,cumming 7,c4 ,f4 ,gordon71 ,in the ,himalayas and on the ,indian ,plains4 ,london1 #ahhd4 ,cunningham 7,j4 ,f471 ,uganda and its ,peoples4 ,london1 #aije4 ,cunow 7,h471 ,die ,verwandtschafts-,organisationen der ,australneger4 ,stuttgart1 #ahid4 ,curr 7,e4 ,m471 ,the ,australian ,race4 #d vols4 ,melbourne ,london1 #ahhf-hg4 ---- ,recollections of ,squatting in ,victoria4 ,melbourne1 c41 #ahhc4 ,curtiss 7,s4 ,i471 ,primitive ,semitic ,religion ,to-day4 ,london1 #aijb4 ,curtius ,rufus 7,quintus71 ,de gestis ,alexandri ,magni4 ,ed4 by ,e4 ,foss4 ,lipsiae1 #ahfb4 ,cusack 7,m4 ,f471 ,a ,history of the ,irish ,nation4 ,london1 #ahgf4 ,cyprian 7,saint71 ,opera omnia4 7,migne1 ,patrologi cursus1 vol4 iv47 ,parisiis #ahdd4 ',ddistn- ,dnk 7,the71' trans4 by ,e4 ,w4 ,west2 in ,the ,sacred ,books of the ,east1 vol4 xviii4 ,oxford1 #ahhb4 ,dahn 7,felix71 ,bausteine4 ,berlin1 #ahgi1 c4 ,dalager 7,lars71 ,grnlandske ,relationer4 ,kibenhavn1 s4d4 ,dale 7,g471 ',an ,account of the ,principal ,customs and ,habits of the ,natives inhabiting the ,bondei ,country'2 in ,jour4 ,anthr4 ,inst4 vol4 xxv4 ,london1 #ahif4 ,dall 7,w4 ,h471 ,alaska and its ,resources4 ,london1 #ahgj4 ,dalton 7,e4 ,t471 ,descriptive ,ethnology of ,bengal4 ,calcutta1 #ahgb4 ,damhouder 7,j4 de71 ,praxis rerum criminalium4 ,antverpi1 #aegj4 ,dandini 7,j471 ',a ,voyage to ,mount ,libanus'2 in ,pinkerton1 ,collection of ,voyages and ,travels1 vol4 x4 ,london1 #ahaa4 ,dapper 7,o471 ,africa4 ,trans4 ,london1 #afgj4 ,dareste 7,r471 tudes d'histoire du droit4 ,paris1 #ahhi4 ---- ,nouvelles tudes d'histoire du droit4 ,paris1 #aijb4 ,dargun 7,l471 ,mutterrecht und ,vaterrecht4 ,leipzig1 #ahib4 ---- ',ursprung und ,entwicklungs-,geschichte des ,eigenthums'2 in ,zeitschr4 f4 vergleichende ,rechtswiss4 vol4 v4 ,stuttgart1 #ahhd4 ,darmesteter 7,james71 ,essais orientaux4 ,paris1 #ahhc4 ---- ',introduction to the ,venddd'2 in ,the ,sacred ,books of the ,east1 vol4 iv4 ,oxford1 #ahhj4 ---- ,ormazd et ,ahriman4 ,paris1 #ahgg4 ,darwin 7,charles71 ',biographical ,sketch of an ,infant'2 in ,mind1 vol4 ii4 ,london1 #ahgg4 ---- ,the ,descent of ,man4 ,london1 #ahij4 ---- ,journal of ,researches into the ,geology and ,natural ,history of the ,various ,countries visited by ,h4,m4,s4 ,beagle4 ,london1 #ahci4 ,daumas 7,e471 ,la vie arabe et la socit musulmane4 ,paris1 #ahfi4 #gga ,dautremer 7,j471 ',the ,vendetta or ,legal ,revenge in ,japan'2 in ,trans4 ,asiatic ,soc4 ,japan1 vol4 xiii4 ,yokohama1 #ahhe4 ,davids 7,t4 ,w4 ,rhys71 ,hibbert ,lectures on the ,origin and ,growth of ,religion as illustrated by some ,points in the ,history of ,indian ,buddhism4 ,london1 #ahha4 ,davis 7,sir ,john ,francis71 ,china4 #b vols4 ,london1 #aheg4 ,davis 7,w4 ,w4 ,h471 ,el ,gringo4 ,new ,york1 #aheg4 ,dawson 7,james71 ,australian ,aborigines4 ,melbourne1 c41 #ahha4 ,decle 7,lionel71 ,three ,years in ,savage ,africa4 ,london1 #ahih4 ,decrusy 7--7 and others1 ,recueil gnral des ,anciennes ,lois ,franaises4 #bi vols4 ,paris1 #ahbb-cc4 ,delcluze 7,e4 ,j471 ,roland ou la ,chevalerie4 #b vols4 ,paris1 #ahde4 ,delepierre 7,j4 ,o471 ,l'enfer dcrit par ceux qui l'ont vu4 #b pts4 ,london #ahfd-fe4 ,delitzsch 7,friedrich71 ,wo lag das ,paradies8 ,leipzig1 #ahha4 ,demangeat 7,charles71 ,histoire de la condition civile des trangers en ,france dans l'ancien et dans le nouveau droit4 ,paris1 #ahdd4 ,demidoff 7,e471 ,a ,shooting ,trip to ,kamchatka4 ,london1 #aijd4 ,demosthenes1 ,opera4 ,ed4 by ,j4 ,t4 ,voemelius4 ,parisiis1 #ahdc4 ,denham 7,dixon7 and ,clapperton 7,hugh71 ,narrative of ,travels and ,discoveries in ,northern and ,central ,africa4 ,london1 #ahbf4 ,denis 7,j471 ,histoire des thories et des ides morales dans l'antiquit4 #b vols4 ,paris1 #ahef4 ,denkschriften der kaiserlichen ,akademie der ,wissenschaften4 ,wien4 ,dennett 7,r4 ,e471 ',laws and ,customs of the ,fjort or ,bavili ,family'2 in ,jour4 ,african ,soc4 vol4 i4 ,london1 #aijb4 ---- ,notes on the ,folklore of the ,fjort 7,french ,congo74 ,london1 #ahih4 ,dennys 7,n4 ,b471 ,the ,folk-,lore of ,china4 ,london1 #ahgf4 ,descartes 7,ren71 ,meditationes de prima philosophia4 ,amstelodami1 #afgh4 ,deschamps 7471 ,carnet d'un voyageur--,au pays des ,veddas4 ,paris #ahib4 ,desmaze 7,charles71 ,les pnalits anciennes4 ,paris1 #ahff4 ,dessoir 7,max71 ',zur ,psychologie der ,vita sexualis'2 in ,allgemeine ,zeitschrift fr ,psychiatrie und psychisch-gerichtliche ,medicin1 vol4 l4 ,berlin #ahic-id4 ,deutsch 7,e471 ',islam'2 in ,the ,quarterly ,review1 vol4 cxxvii4 ,london1 #ahfi4 ---- ,literary ,remains4 ,london1 #ahgd4 ,deutsche ,rundschau fr ,geographie und ,statistik4 ,wien1 c4 ,dewey 7,john71 ,the ,study of ,ethics4 ,ann ,arbor 7,mich471 #ahig4 ,dhammapada 7,the74 ,trans4 by ,f4 ,max ,mller4 7,the ,sacred ,books of the ,east1 vol4 x47 ,oxford1 #ahih4 ,diaz del ,castillo 7,bernal71 ',verdadera historia de los sucesos de la conquista de la ,nueva-,espaa'2 in ,biblioteca de autores espaoles1 vol4 xxvi4 ,madrid1 #ahec4 ,dickinson 7,g4 ,lowes71 ,the ,greek ,view of ,life4 ,london1 #ahif4 ,diderot 7,denis71 ,,oeuvres4 #g vols4 ,paris1 #ahah-ai4 ,dieffenbach 7,e471 ,travels in ,new ,zealand4 #b vols4 ,london1 #ahdc4 ,diels 7,hermann71 ',ein orphischer ,demeterhymnus'2 in ,festschrift ,theodor ,gomperz dargebracht4 ,wien1 #aijb4 ,digby 7,k4 ,h471 ,mores ,catholici4 #c vols4 ,london1 #ahde-dg4 ,digesta4 ,see ,justinian4 #ggb';,dimetian ,code 7,the7'2 in ,ancient ,laws and ,institutes of ,wales4 ,london1 #ahda4 ,dimitroff 7,z471 ,die ,geringschtzung des menschlichen ,lebens und ihre ,ursachen bei den ,naturvlkern4 ,leipzig-,reudnitz1 #ahia4 ',dn- ,mang- ,khirad1' trans4 by ,e4 ,w4 ,west2 in ,the ,sacred ,books of the ,east1 vol4 xxiv4 ,oxford1 #ahhe4 ,dio ,cassius1 ,historia ,romana4 #d vols4 ,lipsiae1 #ahfc-fd4 ,dio ,chrysostom1 ,opera ,grca4 #b vols4 ,brunsvigae1 #ahdd4 ,diodorus ,siculus1 ,bibliotheca historica4 ,ed4 by ,c4 ,mllerus4 #b vols4 ,parisiis1 #ahdb-dd4 ,diogenes ,laertius1 ,de clarorum philosophorum vitis libri decem4 ,ed4 by ,c4 ,g4 ,cobet4 ,parisiis1 #ahej4 ,dionysius of ,halicarnassus1 ,antiquitatum ,romanarum qu supersunt4 ,parisiis1 #ahhf4 ,dirksen 7,h4 ,e471 ,civilistische ,abhandlungen4 #b vols4 ,berlin1 #ahbj4 ,dithmar of ,merseburg1 ',chronicon'2 in ,pertz1 ,monumenta ,germani historica1 vol4 v4 ,hannoverae1 #ahci4 ,dixon 7,w4 ,h471 ,new ,america4 ,eighth edit4 ,london1 s4d4 ,dobell 7,peter71 ,travels in ,kamtschatka and ,siberia4 #b vols4 ,london1 #ahcj4 ,dobrizhoffer 7,m471 ,an ,account of the ,abipones4 ,trans4 #c vols4 ,london1 #ahbb4 ,dodge 7,r4 ,irving71 ,our ,wild ,indians4 ,hartford1 #ahhb4 ,dllinger 7,j4 ,j4 ,i471 ,the ,gentile and the ,jew in the ,courts of the ,temple of ,christ4 ,trans4 #b vols4 ,london1 #ahfb4 ,domenech 7,e471 ,seven ,years' ,residence in the ,great ,deserts of ,north ,america4 #b vols4 ,london1 #ahfj4 ,donaldson 7,james71 ',on the ,expiatory and ,substitutionary ,sacrifices of the ,greeks'2 in ,trans4 ,roy4 ,soc4 ,edinburgh1 vol4 xxvii4 ,edinburgh1 #ahgf4 ---- ',the ,position of ,women among the ,early ,christians'2 in ,the ,contemporary ,review1 vol4 lvi4 ,london1 #ahhi4 ,donne 7,john71 ,biathanatos4 ,london1 #afdh4 ,doolittle 7,j471 ,social ,life of the ,chinese4 #b vols4 ,new ,york1 #ahfg4 ,dorman 7,r4 ,m471 ,the ,origin of ,primitive ,superstitions4 ,philadelphia1 #ahha4 ,dorner 7,i4 ,a471 ,a ,system of ,christian ,doctrine4 ,trans4 #d vols4 ,edinburgh1 #ahhj-hb4 ,dorsey 7,j4 ,owen71 ',mourning and ,war ,customs of the ,kansas'2 in ,the ,american ,naturalist1 vol4 xix4 ,philadelphia1 #ahhe4 ---- ',omaha ,sociology'2 in ,ann4 ,rep4 ,bur4 ,ethn4 vol4 iii4 ,washington1 #ahhd4 ---- ',siouan ,folk-,lore'2 in ,the ,american ,antiquarian1 vol4 vii4 ,chicago1 #ahhe4 ---- ',siouan ,sociology'2 in ,ann4 ,rep4 ,bur4 ,ethn4 vol4 xv4 ,washington1 #ahig4 ---- ',a ,study of ,siouan ,cults'2 in ,ann4 ,rep4 ,bur4 ,ethn4 vol4 xi4 ,washington1 #ahid4 ,doughty 7,c4 ,m471 ,travels in ,arabia ,deserta4 #b vols4 ,cambridge1 #ahhh4 ,douglas 7,r4 ,k471 ,confucianism and ,taouism4 ,london1 #ahhi4 ---- ,society in ,china4 ,london1 #ahid4 ,dove 7,t471 ',moral and ,social ,characteristics of the ,aborigines of ,tasmania'2 in ,the ,tasmanian ,journal of ,natural ,science1 c4 vol4 i4 ,hobart ,town1 #ahdb4 ,dreyer 7,i4 ,c4 ,h471 ,specimen juris publici ,lubecensis4 ,lubecae1 #agfa4 #ggc ,driver 7,s4 ,r471 ,a ,critical and ,exegetical ,commentary on ,deuteronomy4 ,edinburgh1 #ahie4 ,drury 7,rob471 ,journal during ,fifteen ,years' ,captivity on the ,island of ,madagascar4 ,london1 #ahij4 ,dublin ,review 7,the74 ,london4 ,dubois 7,flix71 ,timbuctoo4 ,trans4 ,london1 #ahig4 ,dubois 7,j4 ,a471 ,description of the ,character1 ,manners1 and ,customs of the ,people of ,india4 ,trans4 ,london1 #ahag4 ,du ,boys 7,albert71 ,histoire du droit criminel de l',espagne4 ,paris1 #ahgj4 ---- ,histoire du droit criminel des peuples modernes4 #c vols4 ,paris1 #ahed-fj4 ,du ,cange 7,c4 ,dufresne71 ',dissertations ou ,rflexions sur l'histoire de ,s4 ,louys1 du ,sire de ,joinville'2 in ,petitot1 ,collection des ,mmoires relatifs l'histoire de ,france1 vol4 iii4 ,paris1 #ahbd4 ---- ,glossarium ad scriptores medi et infim ,latinitatis4 #f vols4 ,parisiis1 #agcc-cf4 ,du ,chaillu 7,p4 ,b471 ,explorations and ,adventures in ,equatorial ,africa4 ,london1 #ahfa4 ---- ,a ,journey to ,ashango-,land4 ,london1 #ahfg4 ,duchesne 7,l471 ,christian ,worship4 ,trans4 ,london1 #aijd4 ,dben 7,g4 von71 ,om ,lappland och ,lapparne4 ,stockholm1 #ahgc4 ,dmmler 7,ernst71 ,geschichte des ,ostfrnkischen ,reichs4 #c vols4 ,berlin1 ,leipzig1 #ahfb-hh4 ,dufour 7,pierre71 ,histoire de la ,prostitution4 #f vols4 ,bruxelles1 #ahea-ed4 ,dumont 7,j471 ,corps universal diplomatique du droit des gens4 #h vols4 ,amsterdam1 #agbf-ca4 ,dumont d',urville 7,j4 ,s4 ,c471 ,voyage pittoresque autour du monde4 #b vols4 ,paris1 #ahcd-ce4 ,du-,moulin 7,lewis71 ,moral ,reflections upon the ,number of the ,elect4 ,london1 #afhj4 ,dunbar 7,j4 ,b471 ',the ,pawnee ,indians'2 in ,the ,magazine of ,american ,history1 vols4 iv41 v41 viii4 ,new ,york ,chicago1 #ahhj1 #ahhb4 ,dunham 7,s4 ,a471 ,a ,history of the ,germanic ,empire4 #c vols4 ,london1 #ahcd-ce4 ,durkheim 7mile71 ,de la division du travail social4 ,paris1 #ahic4 ---- ',deux lois de l'volution pnale2 in ,l'anne sociologique1 vol4 iv41 #ahii-aijj4 ,paris1 #aija4 ---- ,les formes lmentaires de la vie religieuse4 ,paris1 #aiab4 ---- ',la prohibition de l'inceste et ses origines'2 in ,l'anne sociologique1 vol4 i41 #ahif-ig4 ,paris1 #ahih4 ---- ,le suicide4 ,paris1 #ahig4 ,du ,tertre 7,j4 ,b471 ,histoire gnrale des ,antilles4 #d vols4 ,paris1 #affg-ga4 ,duveyrier 7,henri71 ,exploration du ,sahara4 ,paris1 #ahfd4 ,dyer 7,t4 ,f4 ,thiselton71 ,the ,ghost ,world4 ,london1 #ahic4 ,dymond 7,j471 ,essays on the ,principles of ,morality4 ,london1 #ahea4 ,earl 7,g4 ,w471 ,papuans4 ,london1 #ahec4 ,eastman 7,mary71 ,dacotah4 ,new ,york1 #ahdi4 ,eclectic ,magazine of ,foreign ,literature1 ,science1 and ,art 7,the74 ,new ,york4 ,edda ,snorra ,sturlusonar4 ,see ,snorri ,sturluson4 ,eden 7,sir ,f4 ,m471 ,the ,state of the ,poor2 or1 an ,history of the ,labouring ,classes in ,england4 #c vols4 ,london1 #agig4 ,edinburgh ,review 7,the74 ,london4 #ggd ,edkins 7,j471 ,religion in ,china4 ,london1 #ahgh4 ,edmund 7,king71 ',the ,laws of'2 in ,ancient ,laws and ,institutes of ,england4 ,london1 #ahdj4 ,edward the ,confessor 7,king71 ',leges'2 in ,ancient ,laws and ,institutes of ,england4 ,london1 #ahdj4 ,edwards 7,bryan71 ,the ,history of the ,british ,west ,indies4 #e vols4 ,london1 #ahai4 ,edwards 7,jonathan71 ,works4 #h vols4 ,london1 #ahag4 ,egede 7,hans71 ,a ,description of ,greenland4 ,trans4 ,london1 #ahde4 ,eicken 7,h4 von71 ,geschichte und ,system der mittelalterlichen ,weltanschauung4 ,stuttgart1 #ahhg4 ,ellinger 7,g471 ,das ,verhltniss der ffentlichen ,meinung zu ,wahrheit und ,lge im #aj4 #aa4 und #ab4 ,jahrhundert4 ,sondershausen1 #ahhd4 ,elliot 7,sir ,henry ,m471 ,memoirs on the ,history1 ,folk-,lore1 and ,distribution of the ,races of the ,north ,western ,provinces of ,india4 #b vols4 ,london1 #ahfi4 ,elliot 7,sir ,w471 ',on the ,characteristics of the ,population of ,central and ,southern ,india'2 in ,jour4 ,ethn4 ,soc4 ,london1 new ser4 vol4 i4 ,london1 #ahfi4 ,elliott 7,henry ,w471 ,our ,arctic ,province ,alaska and the ,seal ,islands4 ,new ,york1 #ahhf4 ---- ',report on the ,seal ,islands of ,alaska'2 in ,tenth ,census of the ,united ,states4 ,washington1 #ahhd4 ,ellis 7,a4 ,b471 ,the ,e7we-speaking ,peoples of the ,slave ,coast of ,west ,africa4 ,london1 #ahij4 ---- ,the ,land of ,fetish4 ,london1 #ahhc4 ---- ,the ,tshi-speaking ,peoples of the ,gold ,coast of ,west ,africa4 ,london #ahhg4 ---- ,the ,yoruba-speaking ,peoples of the ,slave ,coast of ,west ,africa4 ,london #ahid4 ,ellis 7,havelock71 ,the ,criminal4 ,london1 #ahie4 ---- ,man and ,woman4 ,london1 #aijd4 ---- ,studies in the ,psychology of ,sex4 #e vols4 ,philadelphia1 #aija-jf4 7,the third edition of vol4 i41 ',sexual ,inversion1' published in #aiae1 referred to in the ,additional ,notes47 ---- ,ursprung und ,entwicklung der ,prostitution4 7,reprinted from ,mutterschutz1 vol4 iii47 ,s4 l4 d4 ---- and ,symonds 7,j4 ,a471 ,das kontrre ,geschlechtsgefhl4 ,trans4 ,leipzig1 #ahif4 ,ellis 7,w4 ,gilmore71 ',the ,amok of the ,malays'2 in ,the ,journal of ,mental ,science1 vol4 xxxix4 ,london1 #ahic4 ,ellis 7,william71 ,history of ,madagascar4 #b vols4 ,london1 #ahch4 ---- ,narrative of a ,tour through ,hawaii4 ,london1 #ahbg4 ---- ,polynesian ,researches4 #b vols4 ,london1 #ahbi4 ---- ,the same work4 #d vols4 ,london1 #ahei4 7,this edition referred to1 if not indicated otherwise47 ,elphinstone 7,mountstuart71 ,an ,account of the ,kingdom of ,caubul4 #b vols4 ,london1 #ahci4 ---- ,the ,history of ,india4 #b vols4 ,london1 #ahdc4 ---- ,the same work4 ,ed4 by ,e4 ,b4 ,cowell4 ,london1 #ahff4 ,elton 7,ch4 ,i471 ,origins of ,english ,history4 ,london1 #ahij4 ,elton 7,f471 ',notes on ,natives of the ,solomon ,islands'2 in ,jour4 ,anthr4 ,inst4 vol4 xvii4 ,london1 #ahhh4 #gge;,emin ,pasha in ,central ,africa4 ,trans4 ,london1 #ahhh4 ,emmons 7,nathanael71 ,works4 ,ed4 by ,j4 ,ide4 #f vols4 ,boston1 #ahdb4 ,encyclopdia ,britannica4 ,ninth edition4 ,edinburgh1 #ahge1 c4 ,encyclopdie ,mthodique4 #afg vols4 ,paris1 #aghb-ahcb4 ,epictetus1 ,dissertationum libri ,,iv1 ,enchiridion et ,fragmenta4 #e vols4 ,lipsiae1 #agii-ahjj4 ,erasmus 7,desiderius71 ,adagiorum chiliades quatuor4 ,coloniae ,allobrogum1 #afab4 ,erman 7,adolf71 ,a ,handbook of ,egyptian ,religion4 ,trans4 ,london1 #aijg4 ---- ,life in ,ancient ,egypt4 ,trans4 ,london1 #ahid4 ,erman 7,g4 ,a471 ,reise um die ,erde4 #c vols4 ,berlin1 #ahcc-dh4 ,erskine 7,j4 ,e471 ,journal of a ,cruise among the ,islands of the ,western ,pacific4 ,london1 #ahec4 ,erskine of ,carnock 7,john71 ,principles of the ,law of ,scotland4 ,ed4 by ,j4 ,rankine4 ,edinburgh1 #ahij4 ,escayrac de ,lauture 7--d'71 ,die afrikanische ,wste4 ,trans4 ,leipzig1 #ahfg4 ,eschwege 7,l4 ,w4 von71 ,brasilien4 #b vols4 ,braunschweig1 #ahcj4 ,esmein 7,a471 ,cours lmentaire d'histoire du droit franais4 ,paris1 #ahih4 ---- ,histoire de la procdure criminelle en ,france4 ,paris1 #ahhb4 ,esquirol 7,e471 ,des maladies mentales4 #b vols4 ,paris1 #ahch4 ,ethelred 7,king71 ',the ,laws of'2 in ,ancient ,laws and ,institutes of ,england4 ,london1 #ahdj4 ,euripides1 ,fabul4 ,ed4 by ,t4 ,fix4 ,parisiis1 #ahdc4 ---- ,fragmenta4 ,ed4 by ,f4 ,g4 ,wagner4 ,parisiis1 #ahdf4 ,eusebius1 ,opera4 #f vols4 7,migne1 ,patrologi cursus1 ,ser4 ,graeca1 vols4 xix-xxiv47 ,parisiis1 #aheg4 ,evans 7,e4 ,p471 ',ethical ,relations between ,man and ,beast'2 in ,the ,popular ,science ,monthly1 vol4 xlv4 ,new ,york1 #ahid4 ,ewald 7,g4 ,h4 ,a4 von71 ,the ,antiquities of ,israel4 ,trans4 ,london1 #ahgf4 ,ewers 7,j4 ,ph4 ,g471 ,das lteste ,recht der ,russen4 ,dorpat ,hamburg1 #ahbf4 ,eyre 7,e4 ,j471 ,journals of ,expeditions of ,discovery into ,central ,australia4 #b vols4 ,london1 #ahde4 ,faber 7,ernst71 ,a ,systematical ,digest of the ,doctrines of ,confucius4 ,hongkong1 #ahge4 ,fabrice 7,h4 von71 ,die ,lehre von der ,kindsabtreibung und vom ,kindsmord4 ,erlangen1 #ahfh4 ,falkner 7,thomas71 ,a ,description of ,patagonia4 ,hereford1 #aggd4 ,farnell 7,l4 ,r471 ,the ,cults of the ,greek ,states4 ,oxford1 #ahif1 c4 ,in progress4 ---- ',sociological ,hypotheses concerning the ,position of ,women in ,ancient ,religion'2 in ,archiv fr ,religionswissenschaft1 vol4 vii4 ,leipzig1 #aijd4 ,farrar 7,f4 ,w471 ,mercy and ,judgment4 ,london1 #ahha4 ,farrer 7,j4 ,a471 ,military ,manners and ,customs4 ,london1 #ahhe4 ---- ,paganism and ,christianity4 ,london ,edinburgh1 #ahia4 ---- ,primitive ,manners and ,customs1 ,london1 #ahgi4 ,favyn 7,andr71 ,the ,theater of ,honour and ,knight-,hood4 ,trans4 ,london1 #afbc4 ,fawcett 7,f471 ',the ,nyars of ,malabar'2 in the ,madras ,government ,museum's ,bulletin1 vol4 iii4 ,madras1 #aija4 ---- ,on the ,saoras4 7,reprinted from ,the ,journal of the ,anthropological ,society of ,bombay1 vol4 i47 ,bombay1 #ahhh4 #ggf ,featherman 7,a471 ,social ,history of the ,races of ,mankind4 #g vols4 ,london1 #ahha-ia4 ,felkin 7,r4 ,w471 ',notes on the ,for ,tribe of ,central ,africa'2 in ,proceed4 ,roy4 ,soc4 ,edinburgh1 vol4 xiii4 ,edinburgh1 #ahhf4 ---- ',notes on the ,madi or ,moru ,tribe of ,central ,africa'2 in ,proceed4 ,roy4 ,soc4 ,edinburgh1 vol4 xii4 ,edinburgh1 #ahhd4 ---- ',notes on the ,waganda ,tribe of ,central ,africa'2 in ,proceed4 ,roy4 ,soc4 ,edinburgh1 vol4 xiii4 ,edinburgh1 #ahhf4 ,ferrero 7,g471 ',les formes primitives du travail'2 in ,revue scientifique1 ser4 iv4 vol4 v4 ,paris1 #ahif4 ,ferri 7,enrico71 ,criminal ,sociology4 ,london1 #ahie4 ,festus 7,s4 ,pompejus71 ,de verborum significatione qu supersunt4 ,ed4 by ,c4 ,o4 ,muellerus4 ,lipsiae1 #ahci4 ,feuerbach 7,p4 ,j4 ,a4 von71 ,aktenmssige ,darstellung merkwrdiger ,verbrechen4 #b vols4 ,giessen1 #ahbh-bi4 ---- ,caspar ,hauser4 ,trans4 ,london1 #ahcd4 ---- ,kritik des ,kleinschrodischen ,entwurfs zu einem peinlichen ,gesetzbuche fr die ,chur-,pfalz-,bayrischen ,staaten4 #b vols4 ,giesen1 #ahjd4 ---- ,lehrbuch des gemeinen in ,deutschland gltigen ,peinlichen ,rechts4 ,ed4 by ,c4 ,j4 ,a4 ,mittermaier4 ,giessen1 #ahdg4 ---- ,ueber die ,strafe als ,sicherungsmittel vor knftigen ,beleidigungen des ,verbrechers4 ,chemnitz1 #ahjj4 ---- ,ueber die ,unterdrckung und ,wiederbefreiung ,europens4 ,mnchen ,leipzig1 #ahac4 ,feyfer 7,d4 de71 ,verhandeling over den ,kindermoord4 ,utrecht1 #ahff4 ,fichte 7,j4 ,g471 ,reden an die deutsche ,nation4 ,leipzig1 #ahbd4 ---- ,the ,science of ,ethics4 ,trans4 ,london1 #ahig4 ---- ,das ,system der ,sittenlehre4 ,jena ,leipzig1 #agih4 ---- ,ueber den ,begriff des wahrhaften ,krieges in ,bezug auf den ,krieg im ,jahre #ahac4 ,tbingen1 #ahae4 ,fielding ,hall 7,h471 ,the ,soul of a ,people4 ,london1 #aijb4 ,filangieri 7,gaetano71 ,la scienza della legislazione4 #f vols4 ,milano1 #ahbb4 ,finck 7,h4 ,t471 ,primitive ,love and ,love-,stories4 ,new ,york1 #ahii4 ,finger 7,a471 ,compendium des ,oesterreichischen ,rechtes--,das ,strafrecht4 #b vols4 ,berlin1 #ahid-ie4 ,finsch 7,otto71 ,neu-,guinea4 ,bremen1 #ahfe4 ,fischer 7,chr4 ,a471 ,bergreisen4 #b vols4 ,leipzig1 #ahjd-je4 ,fischer 7,j471 ',notes sur l'intelligence des singes'2 in ,revue scientifique1 vol4 xxxiii4 7ser4 iii4 vol4 vii474 ,paris1 #ahhd4 ,fisher 7,captain71 ',memoir of ,sylhet1 ,kachar1 c4'2 in ,jour4 ,asiatic ,soc4 ,bengal1 vol4 ix4 pt4 ii4 ,calcutta1 #ahdj4 ,fiske 7,john71 ,outlines of ,cosmic ,philosophy4 #b vols4 ,london1 #ahgd4 ,fison 7,l47 and ,howitt 7,a4 ,w471 ,kamilaroi and ,kurnai4 ,melbourne ,sydney1 #ahhj4 ,flacourt 74 de71 ,histoire de la grande isle ,madagascar4 ,paris1 #affa4 ,fleming 7,william71 ,a ,manual of ,moral ,philosophy4 ,london1 #ahfg4 ,fleta1 seu ,commentarius ,juris ,anglicani4 ,london1 #agce4 ,fleury 7,c471 ,an ,historical ,account of the ,manners and ,behaviour of the ,christians4 ,trans4 ,london1 #afih4 ,flgel 7,g471 ,mani4 ,leipzig1 #ahfb4 ,folk-,lore4 ,london4 ,folk-,lore ,journal 7,the74 ,london1 #ggg;,folk-,lore ,record 7,the74 ,london4 ,fonseca 7,l4 ,a4 da71 ,a escravido1 o clero e o abolicionismo4 ,bahia1 #ahhg4 ,forbes 7,anna71 ,insulinde4 ,edinburgh ,london1 #ahhg4 ,forbes 7,c4 ,j4 ,f4 ,s471 ,british ,burma and its ,people4 ,london1 #ahgh4 ,forbes 7,david71 ',on the ,aymara ,indians of ,bolivia and ,peru'2 in ,jour4 ,ethn4 ,soc4 ,london1 new ser4 vol4 ii4 ,london1 #ahgj4 ,forbes 7,f4 ,e471 ,dahomey and the ,dahomans4 #b vols4 ,london1 #ahea4 ,forbes 7,h4 ,o471 ,a ,naturalist's ,wanderings in the ,eastern ,archipelago4 ,london1 #ahhe4 ,foreman 7,john71 ,the ,philippine ,islands4 ,london1 #ahij4 ,fornander 7,abraham71 ,an ,account of the ,polynesian ,race4 #c vols4 ,london1 #ahgh-he4 ,forsman 7,j471 ,bidrag till lran om skadestnd i brottml enligt finsk rit4 ,helsingfors1 #ahic4 ,forster 7,g471 ,a ,voyage round the ,world4 #b vols4 ,london1 #aggg4 ,forsyth 7,j471 ,the ,highlands of ,central ,india4 ,london1 #ahga4 ,fortnightly ,review 7,the74 ,london4 ,foster 7,michael71 ,a ,report of 4 4 4 ,crown ,cases4 ,london1 #aggf4 ,foucart 7,p471 ,des associations religieuses chez les ,grecs4 ,paris1 #ahgc4 ,fountain 7,p47 and ,ward 7,thomas71 ,rambles of an ,australian ,naturalist4 ,london1 #aijg4 ,fowler 7,thomas71 ,progressive ,morality4 ,london1 #ahie4 ---- ,see ,wilson 7,j4 ,m47 and ,fowler4 ,fowler 7,w4 ,warde71 ,the ,roman ,festivals of the ,period of the ,republic4 ,london1 #ahii4 ,franciscus a ,victoria1 ,relectiones ,theologic4 ,lugduni1 #aehg4 ,franois 7,h4 von71 ,nama und ,damara ,deutsch-,sd-,west-,afrika4 ,magdeburg1 #ahif4 ,frank 7,j4 ,p471 ,system einer vollstndigen medicinischen ,polizey4 #i vols4 ,mannheim1 c41 #aghd-ahbg4 ,frankel 7,z471 ,grundlinien des mosaisch-talmudischen ,eherechts4 ,leipzig1 #ahfj4 ,franklin 7,b471 ,works4 ,ed4 by ,j4 ,sparks4 #aj vols4 ,boston1 #ahcf-dj4 ,franklin 7,john71 ,narrative of a ,journey to the ,shores of the ,polar ,sea4 ,london1 #ahbc4 ,fraser 7,j4 ,b471 ,journal of a ,tour through ,part of the ,snowy ,range of the ,himala ,mountains4 ,london1 #ahbj4 ,fraser 7,john71 ,the ,aborigines of ,new ,south ,wales4 ,sydney1 #ahib4 ,frauenstadt 7,paul71 ,blutrache und ,todtschlagshne im ,deutschen ,mittelalter4 ,leipzig1 #ahha4 ,frazer 7,sir ,j4 ,g471 ,adonis ,attis ,osiris4 ,london1 #aijf4 ---- ',certain ,burial ,customs as illustrative of the ,primitive ,theory of the ,soul'2 in ,jour4 ,anthr4 ,inst4 vol4 xv4 ,london1 #ahhf4 ---- ,the ,dying ,god4 ,london1 #aiaa4 ---- ',folk-,lore in the ,old ,testament'2 in ,anthropological ,essays presented to ,e4 ,b4 ,tylor4 ,oxford1 #aijg4 ---- ,the ,golden ,bough4 #c vols4 ,london1 #aijj4 ---- ,lectures on the ,early ,history of the ,kingship4 ,london1 #aije4 ---- ,the ,magic ,art4 #b vols4 ,london1 #aiaa4 ---- ',the ,origin of ,totemism'2 in ,the ,fortnightly ,review1 new ser4 vol4 lxv4 ,london1 #ahii4 ---- ,pausanias's ,description of ,greece4 #f vols4 ,london1 #ahih4 #ggh ,frazer 7,sir ,j4 ,g471 ,totemism4 ,edinburgh1 #ahhg4 ---- ,totemism and ,exogamy4 #d vols4 ,london1 #aiaj4 ,frederick ,,ii4 7,emperor71 ',constitutiones ,neapolitan sive ,sicul'2 in ,lindenbrog1 ,codex legum antiquarum4 ,francofurti1 #afac4 ,freeman 7,e4 ,a471 ,comparative ,politics4 ,london1 #ahif4 ---- ,the ,reign of ,william ,rufus4 #b vols4 ,oxford1 #ahhb4 ,freytag 7,g4 ,w471 ,arabum ,proverbia4 #c vols4 ,bonnae ad ,rhenum1 #ahch-dc4 ,friedlnder 7,l471 ,darstellungen aus der ,sittengeschichte ,roms4 #b vols4 ,leipzig1 #aija4 ,friedrichs 7,karl71 ',einzeluntersuchungen zur vergleichenden ,rechtswissenschaft'2 in ,zeitschr4 f4 vergleichende ,rechtswiss4 vol4 x4 ,stuttgart1 #ahib4 ---- ',mensch und ,person'2 in ,das ,ausland1 vol4 lxiv4 ,stuttgart1 #ahia4 ,fries 7,j4 ,f471 ,neue oder anthropologische ,kritik der ,vernunft4 #c vols4 ,heidelberg1 #ahbh-ca4 ,friis 7,j4 ,a471 ,lappisk ,mythologi4 ,christiania1 #ahga4 ,fritsch 7,gustav71 ,drei ,jahre in ,sd-,afrika4 ,breslau1 #ahfh4 ---- ,die ,eingeborenen ,sd-,afrika's4 ,breslau1 #ahgb4 ,fryer 7,g4 ,e471 ,the ,khyeng ,people of the ,sandoway ,district1 ,arakan4 7,reprinted from ,jour4 ,asiatic ,soc4 ,bengal47 ,calcutta1 #ahge4 ,fryer 7,john71 ,a ,new ,account of ,east-,india and ,persia4 ,london1 #afih4 ,fuld 7,l471 ',das ,asylrecht im ,alterthum und ,mittelalter'2 in ,zeitschr4 f4 vergleichende ,rechtswiss4 vol4 vii4 ,stuttgart1 #ahhg4 ,fulgentius 7,saint71 ',de fide'2 in ,migne1 ,patrologi cursus1 vol4 lxv4 ,parisiis1 #ahdg4 ,funk 7--71 ',die ,entwicklung des ,osterfastens'2 in ,theologische ,quartalschrift1 vol4 lxxv4 ,tbingen1 #ahic4 ,furness 7,w4 ,h471 ,the ,home-,life of ,borneo ,head-,hunters4 ,philadelphia1 #aijb4 ,fustel de ,coulanges 7,n4 ,d471 ,la ,cit antique4 ,paris1 #ahfd4 7,quoted in vol4 ii47 ---- ,the same work4 ,paris1 #ahff4 7,quoted in vol4 i47 ,fytche 7,a471 ,burma ,past and ,present4 #b vols4 ,london1 #ahgh4 ,gadelius 7,bror71 ,om tvngstankar4 ,lund1 #ahif4 ,gage 7,matilda ,j471 ,woman1 ,church and ,state4 ,chicago1 #ahic4 ,gaidoz 7,h471 ',le suicide'2 in ,mlusine1 vol4 iv4 ,paris1 #ahhh-hi4 ,gaius1 ,institutionum juris civilis commentarii quattuor4 ,ed4 and trans4 by ,e4 ,poste4 ,oxford1 #ahij4 ,galton 7,francis71 ',eugenics'2 in ,sociological ,papers1 vols4 i4-ii41 #aijd-je4 ,london1 #aije-jf4 ---- ,inquiries into ,human ,faculty and its ,development4 ,london1 #ahhc4 ,gans 7,e471 ,das ,erbrecht in weltgeschichtlicher ,entwickelung4 #d vols4 ,berlin1 c41 #ahbd-ce4 ,garcilasso de la ,vega1 ,first ,part of the ,royal ,commentaries of the ,yncas4 ,trans4 ed4 by ,c4 ,r4 ,markham4 #b vols4 ,london1 #ahfi-ga4 ,gardiner 7,a4 ,h471 ',egyptian ,ethics and ,morality'2 in ,hastings1 ,encyclopedia of ,religion and ,ethics1 vol4 v4 ,edinburgh1 #aiab4 ,garnett 7,lucy ,m4 ,j471 ,the ,women of ,turkey and their ,folk-,lore4 #b vols4 #ahij-ia4 ,garofalo 7,r471 ,la ,criminologie4 ,paris1 #ahij4 ,garraud 7,r471 ,trait thorique et pratique du droit pnal ,franais4 #f vols4 ,paris1 #ahih-aijb4 #ggi ,gason 7,s471 ',the ,manners and ,customs of the ,dieyerie ,tribe'2 in ,woods1 ,the ,native ,tribes of ,south ,australia4 ,adelaide1 #ahgi4 ,gass 7,w471 ,geschichte der christlichen ,ethik4 #c vols4 ,berlin1 #ahha-hg4 ',gautama1' trans4 by ,g4 ,bhler2 in ,the ,sacred ,books of the ,east1 vol4 ii4 ,oxford1 #ahig4 ,gautier 7,lon71 ,la ,chevalerie4 ,paris1 #ahhd4 ,geiger 7,k4 ,a471 ,der ,selbstmord im klassischen ,altertum4 ,augsburg1 #ahhh4 ,geiger 7,w471 ,civilization of the ,eastern ,iranians in ,ancient ,times4 ,trans4 #b vols4 ,london41 #ahhe-hf4 ,geiseler 7--71 ,die ,oster-,insel4 ,berlin1 #ahhc4 ,gelli 7,j471 ,il duello4 ,firenze1 #ahhf4 ,gellius 7,aulus71 ,noctes ,attic4 ,ed4 by ,a4 ,lion4 #b vols4 ,gottingae1 #ahbd4 ,gennep 7,a4 van71 ,les rites de passage4 ,paris1 #aiaa4 ---- ,tabou et totmisme ,madagascar4 ,paris1 #aijd4 ,geographical ,journal 7,the74 ,london4 ,georgi 7,j4 ,g471 ,russia4 ,trans4 #d vols4 ,london1 #aghj-hc4 ,georgisch 7,p471 ,corpus juris ,germanici antiqui4 ,halae ,magdeburgicae1 #agch4 ,gerhohus1 ',de aedificio ,dei'2 in ,migne1 ,patrologi cursus1 vol4 cxciv4 ,parisiis1 #ahee4 ,geusius 7,j471 ,victim ,human4 #b vols4 ,groningae1 #afge4 ,geyer 7,a471 ,die ,lehre von der ,nothwehr4 ,jena1 #aheg4 ,ghani 7,m4 ,a471 ',social ,life and ,morality in ,india'2 in ,internal4 ,jour4 of ,ethics1 vol4 vii4 ,london1 #ahig4 ,ghillany 7,f4 ,w471 ,die ,menschenopfer der alten ,hebrer4 ,nrnberg1 #ahdb4 ,gibb 7,john71 ',the ,christian ,church and ,war'2 in ,the ,british ,quarterly ,review1 vol4 lxxiii4 ,london1 #ahha4 ,gibbon 7,edward71 ,the ,history of the ,decline and ,fall of the ,roman ,empire4 ,ed4 by ,w4 ,smith4 #h vols4 ,london1 #ahed-ee4 ,gibbons 7,a4 ,s4 ,h471 ,exploration and ,hunting in ,central ,africa4 ,london4 #ahih4 ,gibbs 7,george71 ',tribes of ,western ,washington and ,northwestern ,oregon'2 in ,u4,s4 ,geographical and ,geological ,survey of the ,rocky ,mountain ,region3--,contributions to ,north ,american ,ethnology1 vol4 i4 ,washington1 #ahgg4 ,giddings 7,f4 ,h471 ,the ,principles of ,sociology4 ,new ,york1 #ahif4 ,gide 7,paul71 tude sur la condition prive de la femme4 ,ed4 by ,a4 ,esmein4 ,paris1 #ahhe4 ,gieseler 7,j4 ,c4 ,l471 ,text-,book of ,ecclesiastical ,history4 ,trans4 #c vols4 ,philadelphia1 #ahcf4 ,giles 7,h4 ,a471 ,strange ,stories from a ,chinese ,studio4 #b vols4 ,london1 #ahhj4 ,gill 7,w4 ,w471 ,life in the ,southern ,isles4 ,london1 #ahgf4 ---- ,myths and ,songs from the ,south ,pacific4 ,london1 #ahgf4 ,gillen 7,f4 ,j471 ',notes on ,some ,manners and ,customs of the ,aborigines of the ,mc,donnell ,ranges belonging to the ,arunta ,tribe'2 in ,report on the ,work of the ,horn ,scientific ,expedition to ,central ,australia1 pt4 iv4 ,london ,melbourne1 #ahif4 ,gilmour 7,james71 ,among the ,mongols4 ,london1 #ahib4 ,ginoulhiac 7,ch471 ,histoire du rgime dotal4 ,paris1 #ahdb4 ,ginsburg 7,ch4 ,d471 ,the ,essenes4 ,london1 #ahfd4 ,girard 7,f471 ,manuel lmentaire de droit romain4 ,paris1 #aija4 ,girard de ,rialle 7,j471 ,la mythologie compare4 ,paris1 #ahgh4 ,gisborne 7,william71 ,the ,colony of ,new ,zealand4 ,london1 #ahhh4 #ghj ,gizycki 7,g4 von71 ,an ,introduction to the ,study of ,ethics4 ,adapted from the ,german by ,stanton ,coit4 ,london1 #ahia4 ,glaber 7,r471 ',historiarum sui temporis libri quinque'2 in ,bouquet1 ,recueil des ,historiens des ,gaules et de la ,france1 vol4 x4 ,paris1 #agfj4 ,gladstone 7,w4 ,e471 ,studies on ,homer and the ,homeric ,age4 #c vols4 ,oxford1 #aheh4 ,glanvilla 7,r4 de71 ,tractatus de ,legibus et ,consuetudinibus ,regni ,angli4 ,londini1 #aeee84 ---- ,the same work4 ,trans4 by ,john ,beames4 ,london1 #ahab4 ,glasson 7,ernest71 ,le mariage civil et le divorce4 ,paris1 #ahhj4 ,glimpses of the ,eastern ,archipelago4 ,trans4 ,singapore1 #ahid4 ,globus4 ,illustrirte ,zeitschrift fr ,lnder- und ,vlkerkunde4 ,braunschweig1 c4 ,gobineau 7,a4 de71 ,the ,moral and ,intellectual ,diversity of ,races4 ,trans4 ,philadelphia1 #ahef4 ,goblet d',alviella 7,eugne71 ,hibbert ,lectures on the ,origin and ,growth of the ,conception of ,god4 ,london1 #ahib4 ,godwin 7,william71 ,enquiry concerning ,political ,justice4 #b vols4 ,london1 #agif4 ,goehlert 7,v471 ',die geschlechtsverschiedenheit der ,kinder in den ,ehen'2 in ,zeitschr4 f4 ,ethnol4 vol4 xiii4 ,berlin1 #ahha4 ,gpfert 7,f4 ,a471 ,moraltheologie4 ,vol4 i4 ,paderborn1 #ahii4 ,goesius 7,w471 ,rei agrari auctores legesque vari4 ,amstelredami1 #afgd4 ,gtte 7,w471 ,das ,delphische ,orakel4 ,leipzig1 #ahci4 ,gttinger ,studien4 ,gttingen4 ,gttingische gelehrte ,anzeigen4 ,gttingen4 ,goiten 7,e471 ,das ,vergeltungsprincip im biblischen und talmudischen ,strafrecht4 ,frankfurt a4,m41 #ahic4 ,goldast 7,m471 ,collectio consuetudinum et legum imperialium4 ,francofordiae ad ,moenum1 #afac4 ,goldziher 7,ignaz71 ,abhandlungen zur arabischen ,philologie4 #b vols4 ,leiden1 #ahif-ii4 ---- ,muhammedanische ,studien4 #b vols4 ,halle a4,s41 #ahhi-ij4 ,gomara 7,f4 ,lopez de71 ',primera parte de la historia general de las ,indias'2 in ,biblioteca de autores espaoles1 vol4 xxii4 ,madrid1 #aheb4 ,gomme 7,g4 ,l471 ,ethnology in ,folklore4 ,london1 #ahib4 ---- ',some ,traditions and ,superstitions connected with ,buildings'2 in ,the ,antiquary1 vol4 iii4 ,london1 #ahha4 ,goodell 7,william71 ,the ,american ,slave ,code in ,theory and ,practice4 ,new ,york1 #ahec4 ---- ,slavery and ,anti-,slavery4 ,new ,york1 #aheb4 ,goos 7,c471 ,forelsninger over den almindelige ,retslre4 #b vols4 ,kjbenhavn1 #ahhi-id4 ,gopvcevi'c 7,s471 ,oberalbanien und seine ,liga4 ,leipzig1 #ahha4 ',gospel of the ,nativity of ,mary 7,the7'2 in ,ante-,nicene ,christian ,library1 vol4 xvi4 ,edinburgh1 #ahgj4 ',gospel of ,pseudo-,matthew 7,the7'2 in ,ante-,nicene ,christian ,library1 vol4 xvi4 ,edinburgh1 #ahgj4 ,gotlands-,lagen4 ,ed4 by ,c4 ,j4 ,schlyter4 7,corpus ,juris ,sueo-,gotorum ,antiqui1 vol4 vii47 ,lund1 #aheb4 ,grberg di ,hems 7,j471 ,specchio geografico1 e statistico dell' impero di ,marocco4 ,genova1 #ahcd4 ,grgs1 ,hin forna lgbk slendnga4 #b vols4 ,havniae1 #ahbi4 #gha ,grange 7--71 ',extracts from the ,journal of an ,expedition into the ,naga ,hills'2 in ,jour4 ,asiatic ,soc4 ,bengal1 vol4 ix4 pt4 ii4 ,calcutta1 #ahdj4 ,granger 7,f4 ,s471 ',the ,moral ,life of the ,early ,romans'2 in ,internal4 ,jour4 of ,ethics1 vol4 vii4 ,london1 #ahig4 ---- ,the ,worship of the ,romans4 ,london1 #ahie4 ,granville 7,r4 ,k47 and ,roth 7,f4 ,n471 ',notes on the ,jekris'2 in ,jour4 ,anthr4 ,inst4 vol4 xxviii4 ,london1 #ahii4 ,gratian1 ,decretum4 7,migne1 ,patrologi cursus1 vol4 clxxxvii47 ,parisiis1 #ahee4 ,graul 7,k471 ,reise nach ,ostindien4 #e vols4 ,leipzig1 #ahed-ef4 ,gray 7,j4 ,h471 ,china4 #b vols4 ,london1 #ahgh4 ,green 7,j4 ,r471 ,history of the ,english ,people4 #d vols4 ,london1 #ahgi-ha4 ,greenwood 7,thomas71 ,the ,first ,book of the ,history of the ,germans4 ,london1 #ahcf4 ,gregor 7,walter71 ,notes on the ,folk-lore of the ,north-,east of ,scotland4 ,london1 #ahha4 ,gregorovius 7,ferdinand71 ,wanderings in ,corsica4 ,trans4 #b vols4 ,london1 #ahee4 ,gregory ,i4 7,saint71 surnamed the ,great1 ,opera omnia4 #e vols4 7,migne1 ,patrologi cursus1 vols4 lxxv4-lxxix47 ,parisiis1 #ahdi4 ,gregory ,,iii41 ',judicia congrua poenitentibus'2 in ,labbe-,mansi1 ,sacrorum ,conciliorum collectio1 vol4 xii4 ,florenti1 #agff4 ,gregory ,,ix41 ',decretales'2 in ,corpus juris canonici1 ed4 by ,a4 ,friedberg1 vol4 ii4 ,lipsi1 #ahha4 ,gregory ,nazianzen 7,saint71 ,opera omnia4 #d vols4 7,migne1 ,patrologi cursus1 ,ser4 ,graeca1 vols4 xxxv4-xxxviii47 ,parisiis1 #aheg-eh4 ,gregory of ,tours 7,saint71 ,opera omnia4 7,migne1 ,patrologi cursus1 vol4 lxxi47 ,parisiis1 #ahdi4 ,grey 7,george71 ,journals of ,two ,expeditions of ,discovery in ,north-,west and ,western ,australia4 #b vols4 ,london1 #ahda4 ---- ,polynesian ,mythology4 ,auckland1 #ahhe4 ,grierson 7,g4 ,a471 ,bihar ,peasant ,life4 ,calcutta1 #ahhe4 ,griesinger 7,w471 ,mental ,pathology and ,therapeutics4 ,trans4 ,london1 #ahfg4 ,griffis 7,w4 ,e471 ,corea4 ,london1 #ahhb4 ---- ,the ,mikado's ,empire4 ,new ,york1 #ahhc4 ---- ,the ,religions of ,japan4 ,london1 #ahie4 ,griffith 7,william71 ',journal of a ,visit to the ,mishmee ,hills in ,assam'2 in ,jour4 ,asiatic ,soc4 ,bengal1 vol4 vi4 ,calcutta1 #ahcg4 ,grimm 7,jacob71 ,deutsche ,rechtsalterthmer4 ,ed4 by ,a4 ,heusler and ,r4 ,hbner4 #b vols4 ,leipzig1 #ahii4 ---- ,kinder- und ,hausmrchen4 ,grosse ,ausgabe4 ,berlin1 #ahgj4 ---- ,kleinere ,schriften4 #h vols4 ,berlin1 #ahfd-ij4 ---- ,reinhart ,fuchs4 ,berlin1 #ahcd4 ---- ,teutonic ,mythology4 ,trans4 #d vols4 ,london1 #ahhb-hh4 ,grinnell 7,g4 ,b471 ,pawnee ,hero ,stories and ,folk-,tales4 ,new ,york1 #ahhi4 ---- ,the ,story of the ,indian4 ,london1 #ahif4 ,gronovius 7,j471 ,thesaurus ,grcarum antiquitatum4 #ab vols4 ,lugduni ,batavorum1 #afig-agjb4 ,groot 7,j4 ,j4 ,m4 de71 ,the ,religious ,system of ,china4 ,leyden1 #ahib1 c4 ,in progress4 ,grosse 7,ernst71 ,die ,formen der ,familie und die ,formen der ,wirthschaft4 ,freiburg i4,b4 ,leipzig1 #ahif4 #ghb ,grote 7,john71 ,a ,treatise on the ,moral ,ideals4 ,ed4 by ,j4 ,b4 ,mayor4 ,cambridge1 #ahgf4 ,grotius 7,hugo71 ,de jure belli et pacis libri tres4 ,with a trans4 by ,w4 ,whewell4 #c vols4 ,cambridge1 #ahec4 ,gruppe 7,otto71 ,die griechischen ,culte und ,mythen4 ,vol4 i4 ,leipzig1 #ahhg4 ,guazzini 7,s471 ,tractatus ad defensam inquisitorum1 carceratorum reorum1 condemnatorum super quocunque crimine4 ,venetiis1 #afci4 ,gudgeon 7,w4 ,e471 ',maori ,religion'2 in ,jour4 ,polynesian ,soc4 vol4 xiv4 ,wellington1 #aije4 ,gudmundsson 7,v47 and ,klund 7,kr471 ',sitte4 ,skandinavische ,verhltnisse'2 in ,paul1 ,grundriss der germanischen ,philologie1 vol4 iii4 ,strassburg1 #aijj4 ,gnther 7,l471 ,die ,idee der ,wiedervergeltung in der ,geschichte und ,philosophie des ,strafrechts4 #c vols4 ,erlangen1 #ahhi-ie4 ,gurard 7,b4 ,e4 ,c471 ,collection des ,cartulaires de ,france4 ,tomes ,i-,,ii4 ,cartulaire de l',abbaye de ,saint-,pre de ,chartres4 #b vols4 ,paris1 #ahdj4 ,guibal 7,georges71 ,histoire du sentiment national en ,france pendant la guerre de ,cent ans4 ,paris1 #ahge4 ,guibertus de ,novigento1 ',monodiarum sive de vita sua libri tres'2 in ,bouquet1 ,recueil des ,historiens des ,gaules et de la ,france1 vol4 xii4 ,paris1 #agha4 ,guinnard 7,a471 ,three ,years' ,slavery among the ,patagonians4 ,trans4 ,london1 #ahga4 ,gumilla 7,j471 ,el ,orinoco ilustrado4 #b vols4 ,madrid1 #agde4 ,gummere 7,f4 ,b471 ,germanic ,origins4 ,london1 #ahib4 ,guppy 7,h4 ,b471 ,the ,solomon ,islands4 ,london1 #ahhg4 ,gurney 7,j4 ,j471 ,observations on the ,distinguishing ,views and ,practices of the ,society of ,friends4 ,london1 #ahcd4 ,gutzlaff 7,charles71 ,a ,sketch of ,chinese ,history4 #b vols4 ,london1 #ahcd4 ,guyau 7,j4 ,m471 ,esquisse d'une morale sans obligation ni sanction4 ,paris1 #ahhe4 ',gwentian ,code 7,the7'2 in ,ancient ,laws and ,institutes of ,wales4 ,london1 #ahda4 ,haberland 7,c471 ',der ,kindermord als ,volkssitte'2 in ,globus1 vol4 xxxvii4 ,braunschweig1 #ahhj4 ---- ',ueber ,gebruche und ,aberglauben beim ,essen'2 in ,zeitschr4 f4 ,vlkerpsychologie und ,sprachwissenschaft1 vols4 xvii4-xviii4 ,leipzig1 #ahhg-hh4 ,haddon 7,a4 ,c471 ',the ,ethnography of the ,western ,tribe of ,torres ,straits'2 in ,jour4 ,anthr4 ,inst4 vol4 xix4 ,london1 #ahij4 ---- ,head-,hunters4 ,london1 #aija4 ---- ,magic and ,fetishism4 ,london1 #aijf4 ---- in ,reports of the ,cambridge ,anthropological ,expedition to ,torres ,straits4 vol4 v4 ,cambridge1 #aijd4 ,haeckel 7,ernst71 ,a ,visit to ,ceylon4 ,trans4 ,london1 #ahhc4 ,hagen 7,b471 ,unter den ,papua's4 ,wiesbaden1 #ahii4 ,hagman 7,lucina71 ',frn samskolan'2 in ,humanitas1 vol4 ii4 ,helsingfors1 #ahig4 ,hahn 7,c471 ,kaukasische ,reisen und ,studien4 ,leipzig1 #ahif4 ,hahn 7,j4 ,g4 von71 ,albanesische ,studien4 #c vols4 ,jena1 #ahed4 ,hahn 7,theophilus71 ,tsuni-,goam4 ,the ,supreme ,being of the ,khoi-,khoi4 ,london1 #ahha4 #ghc ,hale 7,horatio71 ',the ,iroquois ,sacrifice of the ,white ,dog'2 in ,the ,american ,antiquarian and ,oriental ,journal1 vol4 vii4 ,chicago1 #ahhe4 ---- ,u4,s4 ,exploring ,expedition under the ,command of ,ch4 ,wilkes4 ,vol4 ,,vi4 ,ethnography and ,philology4 ,philadelphia1 #ahdf4 ,hale 7,matthew71 ,the ,history of the ,pleas of the ,crown4 #b vols4 ,london1 #ahjj4 ,halvy 7,j471 ,mlanges de critique et d'histoire relatifs aux peuples smitiques4 ,paris1 #ahhc4 ,hall 7,c4 ,f471 ,arctic ,researches and ,life among the ,esquimaux4 ,new ,york1 #ahfe4 ,hall 7,g4 ,stanley71 ',children's ,lies'2 in ,the ,american ,journal of ,psychology1 vol4 iii4 ,worcester1 #ahij-ia4 ---- ',a ,study of ,anger'2 in ,the ,american ,journal of ,psychology1 vol4 x4 ,worcester1 #ahih-ii4 ,hall 7,w4 ,e471 ,a ,treatise on ,international ,law1 ,oxford1 #ahij4 7,referred to in vol4 i47 ---- ,the same work4 ,ed4 by ,j4 ,b4 ,atlay4 ,oxford1 #aijd4 7,referred to in vol4 ii47 ,hallam 7,henry71 ,view of the ,state of ,europe during the ,middle ,ages4 #c vols4 ,london1 #ahcg4 7,referred to in ch4 xxvii47 ---- ,the same work4 #c vols4 ,london1 #ahfj4 ,halleck 7,h4 ,w471 ,international ,law4 ,ed4 by ,sir ,sherston ,baker4 #b vols4 ,london1 #ahic4 ,hamilton 7,augustus71 ,maori ,art4 ,wellington1 #ahif-aija4 ,hamilton 7,william71 ,lectures on ,metaphysics and ,logic4 #b vols4 ,edinburgh ,london1 #ahgg4 ,hamilton 7,william ,j471 ,researches in ,asia ,minor1 ,pontus1 and ,armenia4 #b vols4 ,london1 #ahdb4 ,hvammurabi 7,king of ,babylon71 ,the ,code of ,laws promulgated by4 ,trans4 by ,c4 ,h4 ,w4 ,johns4 ,edinburgh1 #aijc4 ,hanoteau 7,a47 and ,letourneux 7,a471 ,la ,kabylie et les coutumes ,kabyles4 #c vols4 ,paris1 #ahgb-gc4 ,hansard 7,t4 ,c471 ,the ,parliamentary ,debates from #ahjc to the ,present ,time4 ,london1 #ahab1 c4 ,hardeland 7,a471 ,dajacksch-deutsches ,wrterbuch4 ,amsterdam1 #ahei4 ,hardisty 7,w4 ,l471 ',the ,loucheux ,indians'2 in ,smithsonian ,report1 #ahff4 ,washington1 #ahfg4 ,hardman 7,e4 ,t471 ',notes on some ,habits and ,customs of the ,natives of the ,kimberley ,district1 ,western ,australia'2 in ,proceed4 ,roy4 ,irish ,academy1 ser4 iii4 vol4 i4 ,dublin1 #ahhi-ia4 ,hardy 7,r4 ,spence71 ,eastern ,monachism4 ,london1 #ahej4 ---- ,a ,manual of ,budhism1 in its ,modern ,development4 ,london1 #ahhj4 ,harkness 7,h471 ,a ,description of a ,singular ,aboriginal ,race inhabiting the ,neilgherry ,hills4 ,london1 #ahcb4 ,harmon 7,d4 ,w471 ,a ,journal of ,voyages and ,travels in the ,interior of ,north ,america4 ,andover1 #ahbj4 ,harnack 7,a471 ,history of ,dogma4 ,trans4 #g vols4 ,london1 #ahid-ii4 ---- ',manichaeism'2 in ,encyclopdia ,britannica1 vol4 xv4 ,edinburgh1 #ahhc4 ,harris 7,s471 ',the ,christian ,doctrine of ,labor'2 in ,the ,new ,englander1 vol4 xxiv4 ,new ,haven1 #ahfe4 ,harris 7,s4 ,f471 ,principles of the ,criminal ,law4 ,london1 #ahii4 #ghd ,harris 7,thomas7 and ,johnson 7,r471 ,reports of ,cases argued and determined in the ,general ,court and ,court of ,appeals of the ,state of ,maryland1 from #ahjj to #ahje1 inclusive4 #d vols4 ,annapolis1 #ahba-bg4 ,harris 7,w4 ,cornwallis71 ,the ,highlands of thiopia4 #c vols4 ,london1 #ahdd4 ,harrison 7,ch471 ',religion and ,family among the ,haidas'2 in ,jour4 ,anthr4 ,inst4 vol4 xxi4 ,london1 #ahib4 ,harrison 7,jane ,ellen71 ,prolegomena to the ,study of ,greek ,religion4 ,cambridge1 #aijc4 ,hartknoch 7,christ471 ,alt- und ,neues ,preussen4 #b vols4 ,franckfurt ,leipzig1 #afhd4 ,hartland 7,e4 ,sidney71 ',concerning the ,rite at the ,temple of ,mylitta'2 in ,anthropological ,essays presented to ,e4 ,b4 ,tylor4 ,oxford1 #aijg4 ---- ,the ,legend of ,perseus4 #c vols4 ,london1 #ahid-if4 ---- ,ritual and ,belief4 ,london1 #aiad4 ,hartley 7,david71 ,observations on ,man4 #b vols4 ,london1 #ahaj4 ---- ,theory of the ,human ,mind1 on the ,principle of the ,association of ,ideas2 with ,essays relating to the ,subject of it4 ,by ,joseph ,priestley4 ,london1 #agij4 ,hartmann 7,r471 ,die menschenhnlichen ,affen4 ,leipzig1 #ahhc4 ,hartshorne 7,b4 ,f471 ',the ,weddas'2 in ,the ,indian ,antiquary1 vol4 viii4 ,bombay1 #ahgi4 ,hartung 7,j4 ,a471 ,die ,religion der ,rmer4 #b vols4 ,erlangen1 #ahcf4 ,harvard ,law ,review4 ,cambridge 7,mass474 ,hastings 7,j471 ,a ,dictionary of the ,bible4 #e vols4 ,edinburgh1 #ahii-aijd4 ---- ,encyclopdia of ,religion and ,ethics4 ,edinburgh1 #aijh1 c4 ,in progress4 ,haug 7,b471 ,die ,alterthmmer der ,christen4 ,stuttgart1 #aghe4 ,haupt 7,paul71 ',die zwlfte ,tafel des babylonischen ,nimrod-,epos'2 in ,beitrge zur ,assyriologie1 vol4 i4 ,leipzig1 #ahhi4 ,hawtrey 7,s4 ,h4 ,c471 ',the ,lengua ,indians of the ,paraguayan ,chaco'2 in ,jour4 ,anthr4 ,inst4 vol4 xxxi4 ,london1 #aija4 ,haxthausen 7,a4 von71 ,the ,russian ,empire4 ,trans4 #b vols4 ,london1 #ahef4 ---- ,transcaucasia4 ,trans4 ,london1 #ahed4 ,haynes 7,e4 ,s4 ,p471 ,religious ,persecution4 ,london1 #aijd4 ,haywood 7,john7 and ,cobbs 7,r4 ,l471 ,the ,statute ,laws of the ,state of ,tennessee4 #b vols4 ,knoxville1 #ahca4 ,hearn 7,w4 ,e471 ,the ,aryan ,household4 ,london ,melbourne1 #ahgi4 ,hearne 7,s471 ,a ,journey from ,prince of ,wales's ,fort to the ,northern ,ocean4 ,dublin1 #agif4 ,heber 7,r471 ,narrative of a ,journey through the ,upper ,provinces of ,india4 #b vols4 ,london1 #ahbh4 ,hedley 7,j4 ,c471 ',dr4 ,mivart on ,faith and ,science'2 in ,the ,dublin ,review1 ser4 iii4 vol4 xviii4 ,london1 #ahhg4 ,hefele 7,c4 ,j471 ,beitrge zur ,kirchengeschichte1 ,archologie und ,liturgik4 #b vols4 ,tbingen1 #ahfd4 ---- ,a ,history of the ,councils of the ,church4 ,trans4 #e vols4 ,edinburgh1 #ahga-if4 ,heffter 7,a4 ,w471 ,das ,europische ,vlkerrecht der ,gegenwart4 ,ed4 by ,f4 ,h4 ,geffken4 ,berlin1 #ahhb4 ,hegel 7,g4 ,w4 ,f471 ,grundlinien der ,philosophie des ,rechts4 ,ed4 by ,g4 ,j4 ,p4 ,j4 ,bolland4 ,leiden1 #aijb4 ---- ,philosophy of ,right4 ,trans4 by ,s4 ,w4 ,dyde4 ,london1 #ahif4 #ghe ,hehn 7,v471 ,the ,wanderings of ,plants and ,animals from their ,first ,home4 ,ed4 by ,j4 ,s4 ,stallybrass4 ,london1 #ahhh4 ,hellwald 7,f4 von71 ,die menschliche ,familie4 ,leipzig1 #ahhi4 ,hellwig 7,a471 ,das ,asylrecht der ,naturvlker4 ,berlin1 #aijc4 ,helmold 7--71 ,chronik der ,slaven4 ,trans4 ,berlin1 #aheb4 ,helps 7,sir ,arthur71 ,some ,talk about ,animals and their ,masters4 ,london1 #ahhc4 ---- ,the ,spanish ,conquest in ,america4 #d vols4 ,london1 #ahee-fa4 ,helvetius 7,c4 ,a471 ,de l',homme1 de ses facults intellectuelles et de son ducation4 #b vols4 ,london1 #aggc4 ,henault 7,ch4 ,j4 ,f471 ,nouvel abreg chronologique de l'histoire de ,france4 ,paris1 #ageb4 ,henderson 7,john71 ,observations on the ,colonies of ,n4,s4 ,wales and ,van ,diemen's ,land4 ,calcutta1 #ahcb4 ,henke 7,a471 ,lehrbuch der gerichtlichen ,medicin4 ,ed4 by ,c4 ,bergmann4 ,berlin1 #ahei4 ,henke 7,e471 ,grundriss einer ,geschichte des deutschen peinlichen ,rechts und der peinlichen ,rechtswissenschaft4 #b vols4 ,sulzbach1 #ahji4 ,henkenius 7,h471 ',entstehung und ,verbreitung der ,anthropophagie'2 in ,deutsche ,rundschau fr ,geographie und ,statistik1 vol4 xv4 ,wien1 c41 #ahic4 ,hennepin 7,louis71 ,description de la ,louisiane4 ,paris1 #afhc4 ---- ,a ,new ,discovery of a ,vast ,country in ,america1 4 4 4 between ,new ,france and ,new ,mexico4 ,trans4 #b vols4 ,london1 #afih4 ---- ,nouvelle ,dcouverte d'un trs ,grand ,pays situ dans l',amerique1 entre ,le ,nouveau ,mexique1 et ,la ,mer ,glaciale4 ,utrecht1 #afig4 ,henry ,i4 7,king71 ',leges'2 in ,ancient ,laws and ,institutes of ,england4 ,london1 #ahdj4 ,hepp 7,f4 ,c4 ,th471 ,die ,zurechnung auf dem ,gebiete des ,civilrechts insbesondere die ,lehre von den ,unglcksfllen4 ,tbingen1 #ahch4 ,heriot 7,george71 ,travels through the ,canadas4 ,london1 #ahjg4 ,hermann 7,c4 ,f471 ,disputatio de terminis eorumque religione apud ,grcos4 ,gottingae1 #ahdf4 ---- ,lehrbuch der gottesdienstlichen ,alterthmer der ,griechen4 ,ed4 by ,k4 ,b4 ,stark4 ,heidelberg1 #aheh4 ---- ,lehrbuch der ,griechischen ,privatalterthmer4 ,ed4 by ,h4 ,blmner4 ,freiburg i4,b4 ,tbingen1 #ahhb4 ---- ,lehrbuch der ,griechischen ,rechtsalterthmer4 ,ed4 by ,th4 ,thalheim4 7,lehrbuch der ,griechischen ,antiquitten1 vol4 ii4 pt4 i47 ,freiburg i4,b4 ,tbingen1 #ahhd4 ,hernsheim 7,franz71 ,beitrag zur ,sprache der ,marshall-,inseln4 ,leipzig1 #ahhj4 ,herodotus1 ,historiarum libri ,,ix4 ,ed4 by ,g4 ,dindorfius4 ,parisiis1 #ahdd4 ---- ,the same work4 ,english version1 ed4 by ,g4 ,rawlinson1 ,col4 ,rawlinson1 and ,sir ,j4 ,g4 ,wilkinson4 #d vols4 ,london1 #ahge4 ,herrera 7,antonio de71 ,the ,general ,history of the ,west ,indies4 ,trans4 #f vols4 ,london1 #ahbe-bf4 ,hershon 7,p4 ,i471 ,treasures of the ,talmud4 ,london1 #ahhb4 ,hertz 7,e471 ,voltaire und die franzsische ,strafrechtspflege im achtzehnten ,jahrhundert4 ,stuttgart1 #ahhg4 ,hertz 7,r471 ',contribution une tude sur la reprsentation collective de la mort'2 in ,l'anne sociologique1 vol4 x41 #aije-jf4 ,paris1 #aijg4 ,herzog 7,j4 ,j471 ,realencyclopdie fr protestantische ,theologie4 ,ed4 by ,a4 ,hauck4 ,leipzig1 #ahif1 c4 ,in progress4 #ghf ,herzog 7,j4 ,j471 and ,plitt 7,g4 ,l471 ,realencyclopdie fr protestantische ,theologie4 #ah vols4 ,leipzig1 #ahgg-hh4 ,herzog 7,r471 ,rcktritt vom ,versuch und thtige ,reue4 ,wrzburg1 #ahhi4 ,hesiod1 ,carmina4 ,ed4 by ,f4 ,s4 ,lehrs4 ,parisiis1 #ahdj4 ,hessey 7,j4 ,a471 ,sunday1 ,london1 #ahhi4 ,hettner 7,h471 ,geschichte der franzsischen ,literatur im achtzehnten ,jahrhundert4 ,braunschweig1 #ahid4 ,hetzel 7,h471 ,die ,todesstrafe in ihrer kulturgeschichtlichen ,entwicklung4 ,berlin1 #ahgj4 ,heuglin 7,m4 ,th4 von71 ,reise nach ,abessinien4 ,jena1 #ahfh4 ,hewitt 7,j4 ,n4 ,b471 ',the ,iroquoian ,concept of the ,soul'2 in ,jour4 of ,american ,folk-,lore1 vol4 viii4 ,boston ,new ,york1 #ahie4 ,hickson 7,s4 ,j471 ,a ,naturalist in ,north ,celebes4 ,london1 #ahhi4 ,hilary 7,saint71 ,opera omnia4 #b vols4 7,migne1 ,patrologi cursus1 vol4 ix4-x47 ,parisiis1 #ahdd-de4 ,hildebrand 7,r471 ,recht und ,sitte auf den verschiedenen wirtschaftlichen ,kulturstufen4 ,vol4 i4 ,jena1 #ahif4 ,hildebrandt 7,j4 ,m471 ',ethnographische ,notizen ber ,wakmba und ihre ,nachbaren'2 in ,zeitschr4 f4 ,ethnologie1 vol4 x4 ,berlin1 #ahgh4 ,hilhouse 7,william71 9999,indian ,notices4 ,s4l41 #ahbe4 ,hill 7,richard7 and ,thornton 7,george71 ,notes on the ,aborigines of ,new ,south ,wales4 ,sydney1 #ahib4 ,hillebrandt 7,alfred71 ',eine ,miscelle aus dem ,vedaritual'2 in ,zeitschr4 der ,deutschen ,morgenlndischen ,gesellschaft1 vol4 xl4 ,leipzig1 #ahhf4 ,hinde 7,s4 ,l4 and ,mrs4 ,hildegarde71 ,the ,last of the ,masai4 ,london1 #aija4 ,hippel 7,robert von71 ,die ,thielqulerei in der ,strafgesetzgebung4 ,berlin1 #ahia4 ,hirn 7,yrj71 ,the ,origins of ,art4 ,london1 #aijj4 ,hirschfeld 7,h471 ',remarks on the ,etymology of v,sabbath'2 in ,jour4 ,roy4 ,asiatic ,soc4 ,london1 #ahif4 ,hirschfeld 7,magnus71 ,die ,homosexualitt des ,mannes und des ,weibes4 ,berlin1 #aiad4 ,hislop 7,s471 ,papers relating to the ,aboriginal ,tribes of the ,central ,provinces4 ,ed4 by ,r4 ,temple4 ,s4l41 #ahff4 ,hitopadesa4 ,trans4 by ,f4 ,pincott4 ,london1 #ahhj4 ,hlothhre and ,eadric 7,kings71 ',the ,laws of'2 in ,ancient ,laws and ,institutes of ,england4 ,london1 #ahdj4 ,hobbes 7,thomas71 ,leviathan4 ,oxford1 #ahha4 ,hobhouse 7,l4 ,t471 ,morals in ,evolution4 #b vols4 ,london1 #aijf4 ,hodge 7,charles71 ,systematic ,theology4 #c vols4 ,london ,edinburgh1 #ahga-gc4 ,hodgson 7,b4 ,h471 ,miscellaneous ,essays relating to ,indian ,subjects4 #b vols4 ,london1 #ahhj4 ,hodgson 7,c4 ,p471 ,reminiscences of ,australia4 ,london1 #ahdf4 ,hodson 7,t4 ,c471 ',the ,genna amongst the ,tribes of ,assam'3 in ,jour4 ,anthr4 ,inst4 vol4 xxxvi4 ,london1 #aijf4 ,hffding 7,h471 ,etik4 ,kbenhavn1 #ahig4 ,hfler 7,m471 ',krankheits-,dmonen'2 in ,archiv f4 ,religionswiss4 vol4 ii4 ,freiburg i4,b41 #ahii4 ,hgstrm 7,m4 ,p471 ,beskrifning fver de til ,sveriges ,krona lydande ,lapmarker4 ,stockholm1 #agde84 ,hoffman 7,w4 ,j471 ',the ,menomini ,indians'2 in ,ann4 ,rep4 ,bur4 ,ethn4 vol4 xiv4 ,washington1 #ahif4 #ghg ,hoffmann 7,ren71 ,la notion de l'tre suprme chez les peuples non civiliss4 ,genve1 #aijg4 ,holbach 7,p4 ,h4 ,d4 d'71 ,systme de la nature4 ,ed4 by ,d4 ,diderot4 #b vols4 ,paris1 #ahba4 ,holden 7,w4 ,c471 ,the ,past and ,future of the ,kaffir ,races4 ,london1 #ahff4 ,holinshed 7,r471 ,chronicles of ,england1 ,scotland1 and ,ireland4 #f vols4 ,london1 #ahjg-jh4 ,holland 7,f4 ,m471 ,the ,reign of the ,stoics4 ,new ,york1 s4d4 ,holland 7,thomas ,a471 ,a ,time of ,war4 ,brighton1 #ahee4 ,hollis 7,a4 ,c471 ,the ,masai4 ,oxford1 #aije4 ,holm 7,g471 ',ethnologisk ,skizze af ,angmagsalikerne'2 in ,meddelelser om ,grnland1 vol4 x4 ,kjbenhavn1 #ahhh4 ,holmberg 7,h4 ,j471 ',ethnographische ,skizzen ber die ,vlker des russischen ,amerika'2 in ,acta ,soc4 ,scientiarum ,fennic1 vol4 iv4 ,helsingfors1 #ahef4 ,holmes 7,o4 ,w471 ,the ,common ,law4 ,london1 #ahhb4 ,hoist 7,h4 von71 ,the ,constitutional and ,political ,history of the ,united ,states4 ,trans4 #e vols4 ,chicago1 #ahgf-hi4 ,holtzendorff 7,f4 von71 ,encyclopdie der ,rechtswissenschaft4 #b vols4 ,leipzig1 #ahgc-gf4 ,holtzmann 7,adolf71 ,deutsche ,mythologie4 ,ed4 by ,a4 ,holder4 ,leipzig1 #ahgd4 ,holub 7,e471 ',central ,south ,african ,tribes'2 in ,jour4 ,anthr4 ,inst4 vol4 x4 ,london1 #ahha4 ---- ',die ,ma-,atabele'2 in ,zeitschr4 f4 ,ethnol4 vol4 xxv4 ,berlin1 #ahic4 ---- ,seven ,years in ,south ,africa4 ,trans4 #b vols4 ,london1 #ahha4 ,holzman 7,m471 ',snde und ,shne in den ,rigvedahymnen und den ,psalmen'2 in ,zeitschr4 f4 ,vlkerpsychologie und ,sprachwissenschaft1 vol4 xv4 ,berlin1 #ahhd4 ,home and ,foreign ,review 7,the74 ,london4 ,homer1 ,carmina4 ,parisiis1 #ahch4 ,hommel 7,fritz71 ,die ,semitischen ,vlker und ,sprachen4 ,leipzig1 #ahha-hc4 ,honor de ,sainte ,marie1 ,dissertations historiques et critiques sur la chevalerie4 ,paris1 #agah4 ,hood 7,t4 ,h471 ,notes of a ,cruise in ,h4,m4,s4 ,fawn in the ,western ,pacific4 ,edinburgh1 #ahfc4 ,hooker 7,j4 ,d471 ,himalayan ,journals4 #b vols4 ,london1 #ahee4 ,hooker 7,richard71 ,the ,ecclesiastical ,polity and other ,works4 #c vols4 ,london1 #ahcj4 ,hooper 7,w4 ,h471 ,ten ,months among the ,tents of the ,tuski4 ,london1 #ahec4 ,hopkins 7,e4 ,w471 ,the ,religions of ,india4 ,london1 #ahif4 ,horatius ,flaccus 7,q471 ,opera omnia4 #d vols4 ,londini1 #ahbe4 ,horwicz 7,adolf71 ,psychologische ,analysen auf physiologischer ,grundlage4 #b vols4 ,halle ,magdeburg1 #ahgb-gh4 ,hose 7,charles71 ',a ,journey up the ,baram ,river to ,mount ,dulit and the ,highlands of ,borneo'2 in ,the ,geographical ,journal1 vol4 i4 ,london1 #ahic4 ---- and ,mc,dougall 7,w471 ,the ,pagan ,tribes of ,borneo4 #b vols4 ,london1 #aiab4 ---- and ,mc,dougall1 ',the ,relations between ,men and ,animals in ,sarawak'2 in ,jour4 ,anthr4 ,inst4 vol4 xxxi4 ,london1 #aija4 ,hourst 7--71 ,sur le ,niger et au pays des ,touaregs4 ,paris1 #ahih4 ,howard 7,b4 ,douglas71 ,life with ,trans-,siberian ,savages4 ,london1 #ahic4 #ghh ,howard 7,g4 ,e471 ,a ,history of ,matrimonial ,institutions4 #c vols4 ,chicago ,london1 #aijd4 ,howell 7,t4 ,b4 and ,t4 ,j474 ,see ,state ,trials4 ,howitt 7,a4 ,w471 ',australian ,group ,relations'2 in ,smithsonian ,report1 #ahhc4 ,washington1 #ahhe4 ---- ,the ,native ,tribes of ,south-,east ,australia4 ,london1 #aijd4 ---- ',the ,native ,tribes of ,south-,east ,australia'2 in ,folk-,lore1 vol4 xvii4 ,london1 #aijf4 ---- ',on ,australian ,medicine ,men'2 in ,jour4 ,anthr4 ,inst4 vol4 xvi4 ,london1 #ahhg4 ---- ',on some ,australian ,beliefs'2 in ,jour4 ,anthr4 ,inst4 vol4 xiii4 ,london1 #ahhd4 ---- ',on some ,australian ,ceremonies of ,initiation'2 in ,jour4 ,anthr4 ,inst4 vol4 xiii4 ,london1 #ahhd4 ,hozumi 7,nobushige71 ,ancestor-,worship and ,japanese ,law4 ,tokyo1 ,osaka ,kyoto1 #aiac4 ',hsio ,king 7,the71' trans4 by ,j4 ,legge2 in ,the ,sacred ,books of the ,east1 vol4 iii4 ,oxford1 #ahgi4 ,hubert 7,h47 and ,mauss 7,marcel71 ',essai sur la nature et la fonction du sacrifice'2 in ,l'anne sociologique1 vol4 ii41 #ahig-ih4 ,paris1 #ahii4 ,huc 7,e4 ,r471 ,the ,chinese ,empire4 ,trans4 ,london1 #ahei4 ---- ,travels in ,tartary1 ,thibet1 and ,china4 ,trans4 #b vols4 ,london1 s4d4 ,hbbe-,schleiden 7,w471 ,ethiopien4 ,studien ber ,west-,afrika4 ,hamburg1 #ahgi4 ,hllmann 7,k4 ,d471 ,stdtewesen des ,mittelalters4 #d vols4 ,bonn1 #ahbf-bi4 ,humboldt 7,a4 von71 ,personal ,narrative of ,travels to the ,equinoctial ,regions of the ,new ,continent4 ,trans4 #g vols4 ,london1 #ahad-bi4 ,hume 7,baron ,david71 ,commentaries on the ,law of ,scotland1 respecting the ,description and ,punishment of ,crimes4 #b vols4 ,edinburgh1 #agig4 ,hume 7,david71 ,philosophical ,works4 ,ed4 by ,t4 ,h4 ,green and ,t4 ,h4 ,grose4 #d vols4 ,london1 #ahgd-ge4 ,hunt 7,a4 ,e471 ',ethnographical ,notes on the ,murray ,islands'2 in ,jour4 ,anthr4 ,inst4 vol4 xxviii4 ,london1 #ahii4 ,hunter 7,w4 ,a471 ,a ,systematical and ,historical ,exposition of ,roman ,law4 ,london1 #ahhe4 ,hunter 7,w4 ,w471 ,the ,annals of ,rural ,bengal4 #c vols4 ,london1 #ahfh-gb4 ,hutcheson 7,francis71 ,an ,essay on the ,nature and ,conduct of the ,passions and ,affections4 ,with ,illustrations on the ,moral ,sense4 ,london1 #agcj4 ---- ,an ,inquiry into the ,original of our ,ideas of ,beauty and ,virtue2 ,in ,two ,treatises 4 4 4 ,,ii4 ,concerning ,moral ,good and ,evil4 ,london1 #agch4 ---- ,a ,system of ,moral ,philosophy4 #b vols4 ,london1 #agee4 ,hyades 7,p47 and ,deniker 7,j471 ,mission scientifique du ,cap ,horn1 #ahhb-ahhc4 ,tome ,,vii4 ,anthropologie1 ,ethnographie4 ,paris1 #ahia4 ,hyltn-,cavallius 7,g4 ,o471 ,wrend och ,wirdarne4 #b vols4 ,stockholm1 #ahfc-fh4 ,ignatius 7,saint71 ',epistolae'2 in ,migne1 ,patrologi cursus1 ,ser4 ,graeca1 vol4 v4 ,parisiis1 #aheg4 ,im ,thurn 7,e4 ,f471 ,among the ,indians of ,guiana4 ,london1 #ahhc4 ,immerwahr 7,walter71 ,die ,kulte und ,mythen ,arkadiens4 ,vol4 i4 ,leipzig1 #ahia4 ,indian ,antiquary 7,the71 a ,journal of ,oriental ,research4 ,bombay4 ,indo-,chinese ,gleaner 7,the74 #c vols4 ,malacca1 #ahah-ba4 ,ine 7,king71 ',the ,laws of'2 in ,ancient ,laws and ,institutes of ,england4 ,london1 #ahdj4 #ghi ,inge 7,w4 ,r471 ,society in ,rome under the ,csars4 ,london1 #ahhh4 ,inglis 7,john71 ,in the ,new ,hebrides4 ,london1 #ahhg4 ,ingram 7,j4 ,k471 ,a ,history of ,slavery and ,serfdom4 ,london1 #ahie4 ,innes 7,cosmo71 ,scotland in the ,middle ,ages4 ,edinburgh1 #ahfj4 ,institutes of ,vishnu 7,the74 ,trans4 by ,j4 ,jolly 7,the ,sacred ,books of the ,east1 vol4 vii47 ,oxford1 #ahhj4 ,institutiones4 ,see ,justinian4 ,instructions for the ,government of ,armies of the ,united ,states in the ,field4 7,appendix ,no4 #a in ,lorimer1 ,the ,institutes of the ,law of ,nations1 vol4 ii47 ,edinburgh1 #ahhd4 ,international ,journal of ,ethics4 ,london ,philadelphia4 ,internationales ,archiv fr ,ethnographie4 ,ed4 by ,j4 ,d4 ,e4 ,schmeltz4 ,leiden4 ,irenaeus 7,saint71 ,contra hreses libri quinque4 7,migne1 ,patrologi cursus1 ,ser4 ,graeca1 vol4 vii47 ,parisiis1 #aheg4 ,isaeus1 ',orationes'2 in ,oratores ,attici1 ed4 by ,c4 ,mller1 vol4 i4 ,parisiis1 #ahdg4 ,isambert 7,f4 ,a47 and others1 ,recueil gnral des ,anciennes ,lois ,franaises4 #bi vols4 ,paris1 #ahbb-cc4 ,isocrates1 ,orationes4 ,ed4 ,j4 ,g4 ,baiter4 ,parisiis1 #ahdf4 ,itard 7,e4 ,m471 ,an ,historical ,account of the ,discovery and ,education of a ,savage ,man4 ,trans4 ,london1 #ahjb4 ,ives 7,george71 ,the ,classification of ,crimes4 ,london1 #aijd4 ,iyer 7,s4 ,a471 ',nayadis of ,malabar'2 in the ,madras ,government ,museum's ,bulletin1 vol4 iv4 ,madras1 #aija4 ,jackson 7,a4 ,v4 ,w471 ,an ,avesta ,grammar4 ,part i4 ,stuttgart1 #ahib4 ,jackson 7,j4 ,g471 ,an ,account of ,timbuctoo and ,housa4 ,see 7,abd-es-,salm ,shabeeny4 ,jacob 7,georg71 ,das ,leben der vorislmischen ,beduinen4 ,berlin1 #ahie4 ,jacob 7,k4 ,g471 ',der muslimische ,fastenmonat ,ramad4n'2 in ,,vi4 ,jahres-bericht der ,geographischen ,gesellschaft zu ,greifswald1 vol4 i4 #ahic-ahif4 ,greifswald1 #ahif4 ,jacob 7,william71 ,an ,historical ,inquiry into the ,production and ,consumption of the ,precious ,metals4 #b vols4 ,london1 #ahca4 ,jacobs 7,joseph71 ,studies in ,biblical ,archology4 ,london1 #ahid4 ,jacobs 7,julius71 ,eenigen ,tijd onder de ,balirs4 ,batavia1 #ahhc4 ,jhns 7,max71 ,ueber ,krieg1 ,frieden und ,kultur4 ,berlin1 #ahic4 ,jaffur ,shurreef1 ,qanoon-e-,islam1 or the ,customs of the ,mussulmans of ,india4 ,trans4 by ,g4 ,a4 ,herklots4 ,madras1 #ahfc4 ,jagor 7,f471 ,travels in the ,philippines4 ,trans4 ,london1 #ahge4 ,jahrbuch fr sexuelle ,zwischenstufen mit besonderer ,berucksichtigung der ,homosexualitt4 ,ed4 by ,m4 ,hirschfeld4 ,leipzig4 ,jamblichus1 ,de mysteriis liber4 ,ed4 by ,g4 ,parthey4 ,berolini1 #aheg4 ---- ,de ,pythagorica vita liber4 ,ed4 by ,a4 ,westermann4 ,parisiis1 #ahej4 ,james 7,edwin71 ,account of an ,expedition from ,pittsburgh to the ,rocky ,mountains1 performed in the ,years #ahai and #bj1 under the ,command of ,s4 ,h4 ,long4 #b vols4 ,philadelphia1 #ahbc4 ,james 7,william71 ,the ,principles of ,psychology4 #b vols4 ,london1 #ahia4 ,jameson 7,mrs471 ,a ,common-,place ,book of ,thoughts1 ,memories1 and ,fancies4 ,london1 #ahgg4 ,jamieson 7,g471 ',marriage ,laws'2 in ,the ,china ,review1 vol4 x4 ,hongkong1 #ahha-hb4 ,janka 7,karl71 ,der strafrechtliche ,notstand4 ,erlangen1 #ahgh4 #gij ,jarcke 7,c4 ,e471 ,handbuch des gemeinen deutschen ,strafrechts4 #c vols4 ,berlin1 #ahbg-cj4 ,jarves 7,j4 ,j471 ,history of the ,hawaiian ,islands4 ,honolulu1 #ahgb4 ,jastrow 7,morris71 ',the ,original ,character of the ,hebrew ,sabbath'2 in ,the ,american ,journal of ,theology1 vol4 ii4 ,chicago1 #ahih4 ---- ,the ,religion of ,babylonia and ,assyria4 ,boston1 #ahih4 ,jataka ,tales1 ,buddhist ,birth ,stories4 ,trans4 by ,t4 ,w4 ,rhys ,davids4 ,london1 #ahhj4 ,jellinghaus 7,th471 ',sagen1 ,sitten und ,gebruche der ,munda-,kolhs in ,chota ,nagpore'2 in ,zeitschr4 f4 ,ethnol4 vol4 iii4 ,berlin1 #ahga4 ,jensen 7,p471 ,assyrisch-,babylonische ,mythen und ,epen4 ,berlin1 #aijj4 ---- ,die ,kosmologie der ,babylonier4 ,strassburg1 #ahij4 ,jeremias 7,a471 ,die babylonisch-assyrischen ,vorstellungen vom ,leben nach dem ,tode4 ,leipzig1 #ahhg4 ---- ,izdubar-,nimrod4 ,eine altbabylonische ,heldensage4 ,leipzig1 #ahia4 ,jerez 7,francisco de71 ',verdadera relacion de la conquista del ,per y provincia del ,cuzco'2 in ,biblioteca de autores espaoles1 vol xxvi4 ,madrid1 #ahec4 ,jerome 7,saint71 ,opera omnia4 #aa vols4 7,migne1 ,patrologi cursus1 vols4 xxii4-xxx47 ,parisiis1 #ahde-df4 ,jessen 7,e4 ,j471 ,afhandling om de ,norske ,finners og ,lappers ,hedenske ,religion4 ,kbenhavn1 #agfg4 ,jevons 7,f4 ,b471 ,an ,introduction to the ,history of ,religion4 ,london1 #ahif4 ,jewish ,encyclopedia 7,the74 #ab vols4 ,new ,york ,london1 #aija-jf4 ,jhering 7,r4 von71 ,geist des rmischen ,rechts4 #c vols4 ,leipzig1 #aheb-gh4 ---- ,das ,schuldmoment im rmischen ,privatrecht4 ,giessen1 #ahfg4 ---- ,der ,zweck im ,recht4 #b vols4 ,leipzig1 #ahgg-hc4 ,jochelson 7,w471 ,the ,koryak ,religion and ,myth4 7,the ,jesup ,north ,pacific ,expedition1 vol4 vi4 pt4 i47 ,leiden ,new ,york1 #aije4 ,jodl 7,f471 ,lehrbuch der ,psychologie4 ,stuttgart1 #ahif4 ,johnston 7,sir ,h4 ,h471 ,british ,central ,africa4 ,london1 #ahig4 ---- ',the ,ethics of ,cannibalism'2 in ,the ,fortnightly ,review1 new ser4 vol4 xlv4 ,london1 #ahhi4 ---- ,the ,kilima-njaro ,expedition4 ,london1 #ahhf4 ---- ,the ,river ,congo4 ,london1 #ahhd4 ---- ,the ,uganda ,protectorate4 #b vols4 ,london1 #aijb4 ,johnstone 7,j4 ,c471 ,maoria4 ,london1 #ahgd4 ,joinville 7--71 ',on the ,religion and ,manners of the ,people of ,ceylon'2 in ,asiatick ,researches1 vol4 vii4 ,calcutta1 #ahja4 ,jolly 7,j47 ',beitrge zur indischen ,rechtsgeschichte'2 in ,zeitschr4 der ,deutschen ,morgenlndischen ,gesellsch4 vol4 xliv4 ,leipzig1 #ahij4 ---- ',recht und ,sitte'2 in ,bhler1 ,grundriss der indo-arischen ,philologie1 vol4 ii4 ,strassburg1 #ahif4 ,jones 7,sir ,william71 ',the ,tenth ,anniversary ,discourse'2 in ,asiatick ,researches1 vol4 iv4 ,calcutta1 #agie4 ,jordanes1 ,romana et ,getica4 ,ed4 by ,th4 ,mommsen4 ,berolini1 #ahhb4 ,josephus1 ,opera4 ,ed4 by ,g4 ,dindorfius4 #b vols4 ,parisiis1 #ahde-dg4 ,joubert 7,j471 ,penses1 essais et maximes4 #b vols4 ,paris1 #ahdb4 ,jourdan 7,a4 ,j4 ,l47 and others1 ,recueil gnral des ,anciennes ,lois ,franaises4 #bi vols4 ,paris1 #ahbb-cc4 ,journal and ,proceedings of the ,royal ,society of ,new ,south ,wales4 ,sydney ,london4 #gia;,journal ,asiatique4 ,paris4 ---- des ,museum ,godeffroy4 ,hamburg4 ---- of the ,african ,society4 ,london4 ---- of ,american ,folk-,lore 7,the74 ,boston ,new ,york4 ---- of the ,american ,oriental ,society4 ,new ,york4 ---- of the 7,royal7 ,anthropological ,institute of ,great ,britain and ,ireland 7,the74 ,london4 ---- of the ,asiatic ,society of ,bengal4 ,calcutta4 ---- of the ,ceylon ,branch of the ,royal ,asiatic ,society4 ,colombo4 ---- of the ,ethnological ,society of ,london4 ---- of the ,indian ,archipelago and ,eastern ,asia4 ,singapore4 ---- of the ,polynesian ,society4 ,wellington4 ---- of the ,royal ,asiatic ,society4 ,london4 ---- of the ,royal ,geographical ,society of ,london4 ---- of the ,straits ,branch of the ,royal ,asiatic ,society4 ,singapore4 ,jousse 7,d471 ,trait de la justice criminelle de ,france4 #d vols4 ,paris1 #agga4 ,jouuencel 7,le71 ,a ,romance commenced by ,j4 de ,soreuil1 and completed by ,j4 ,tibergeau1 ,m4 ,morin1 and ,n4 ,riolai4 ,paris1 #adic4 ,joyce 7,p4 ,w471 ,a ,social ,history of ,ancient ,ireland4 #b vols4 ,london1 #aijc4 ,juan 7,g47 and ,ulloa 7,a4 de71 ,a ,voyage to ,south ,america4 ,trans4 #b vols4 ,london1 #agfj4 ,jung 7,c4 ,e471 ',aus dem ,seelenleben der ,australier'2 in ,mittheilungen des ,vereins fr ,erdkunde zu ,leipzig1 #ahgg4 ---- ',die ,mndungsgegend des ,murray und ihre ,bewohner'2 in ,mittheilungen des ,vereins fr ,erdkunde zu ,halle a_/,s1 #ahgg4 ,junghuhn 7,franz71 ,die ,battalnder auf ,sumatra4 ,trans4 #b vols4 ,berlin1 #ahdg4 ,junker 7,wilhelm71 ,travels in ,africa during the ,years #ahhb-hf4 ,trans4 ,london1 #ahib4 ,junod 7,h4 ,a471 ,les ,ba-,ronga4 ,neuchatel1 #ahih4 ,jusserand 7,j4 ,j471 ,english ,wayfaring ,life in the ,middle ,ages4 ,trans4 ,london1 #ahib4 ,justi 7,ferd471 ',die ,weltgeschichte des ,tabari'2 in ,das ,ausland1 vol4 xlviii4 ,stuttgart1 #ahge4 ,justin ,martyr1 ',apologia prima pro ,christianis'2 in ,migne1 ,patrologi cursus1 ,ser4 ,graeca1 vol4 vi4 ,parisiis1 #aheg4 ,justinian 7,emperor71 ,codex ,justinianus4 ,ed4 by ,p4 ,krueger4 7,corpus juris civilis1 vol4 ii47 ,berolini1 #ahhh4 ---- ',digesta1' ed4 by ,th4 ,mommsen2 in ,corpus juris civilis1 vol4 i4 ,berolini1 #ahhi4 ---- ',institutiones1' ed4 by ,p4 ,krueger2 in ,corpus juris civilis1 vol4 i4 ,berolini1 #ahhi4 ---- ,novell4 ,ed4 by ,r4 ,schoell and ,g4 ,kroll4 7,corpus juris civilis1 vol4 iii47 ,berolini1 #ahie4 ,juvenalis 7,d4 ,j471 ,opera omnia4 #c vols4 ,londini1 #ahbj4 ,jydske ,lovbog 7,den74 ,ed4 by ,p4 ,k4 ,ancher4 ,kibenhavn1 #aghc4 ,kaegi 7,adolf71 ,the ,rigveda3 the ,oldest ,literature of the ,indians4 ,trans4 ,boston1 #ahhf4 ,kaibel 7,g471 ,epigrammata ,grca4 ,berolini1 #ahgh4 ,klund 7,kr471 ',skandinavische ,verhltnisse'2 in ,paul1 ,grundriss der germanischen ,philologie1 vol4 ii4 ,strassburg1 #ahic4 #gib ,kames 7,lord71 ,essays on the ,principles of ,morality and ,natural ,religion4 ,edinburgh1 #agea4 ---- ,sketches of the ,history of ,man4 #d vols4 ,edinburgh1 #aghh4 ,kane 7,e4 ,k471 ,arctic ,explorations4 #b vols4 ,philadelphia1 #ahef4 ,kant 7,i471 ,metaphysische ,anfangungsgrnde der ,tugendlehre4 ,knigsberg1 #ahjc4 ---- ,smmtliche ,werke4 ,ed4 by ,g4 ,hartenstein4 #h vols4 ,leipzig1 #ahfg-fh4 ---- ,zum ewigen ,frieden4 ,knigsberg1 #agie4 ,karsch-,haack 7,f471 ,das gleichgeschlechtliche ,leben der ,naturvlker4 ,mnchen1 #aiaa4 ---- ,das gleichgeschlechtliche ,leben der ,ostasiaten4 ,mnchen1 #aijf4 ---- ',pderastie und ,tribadie bei den ,tieren'2 in ,jahrbuch f4 sexuelle ,zwischenstufen1 vol4 ii4 ,leipzig1 #aija4 ---- ',uranismus oder ,pderastie und ,tribadie bei den ,naturvlkern'2 in ,jahrbuch f4 sexuelle ,zwischenstufen1 vol4 iii4 ,leipzig1 #aija4 ,karsten 7,r471 ,the ,origin of ,worship4 ,wasa1 #aije4 ---- ,studies in ,primitive ,greek ,religion4 7,ofversigt af ,finska ,vetenskaps-,societetens ,frhandlingar1 vol4 xlix41 #aijf-jg1 no4 #a47 ,helsingfors1 #aijg4 ,kate 7,h4 ,f4 ,c4 ten71 ,reizen en onderzoekingen in ,noord-,amerika4 ,leiden1 #ahhe4 ,katscher 7,l471 ,bilder aus dem chinesischen ,leben4 ,leipzig ,heidelberg1 #ahha4 ,katz 7,albert71 ,der wahre ,talmudjude4 ,berlin1 #ahic4 ,katz 7,edwin71 ,ein ,grundriss des kanonischen ,strafrechts4 ,berlin ,leipzig1 #ahha4 ,kaufmann 7,georg71 ,deutsche ,geschichte4 #b vols4 ,leipzig1 #ahhj-ha4 ,kearns 7,j4 ,f471 ,the ,tribes of ,south ,india4 ,london1 #ahfe4 ,keary 7,ch4 ,f471 ,outlines of ,primitive ,belief among the ,indo-,european ,races4 ,london1 #ahhb4 ,keate 7,george71 ,an ,account of the ,pelew ,islands4 ,london1 #aghh4 ,keating 7,w4 ,h471 ,narrative of an ,expedition to the ,source of ,st4 ,peter's ,river4 #b vols4 ,philadelphia1 #ahbd4 ,keil 7,c4 ,f474 ,manual of ,biblical ,archology4 ,trans4 #b vols4 ,edinburgh1 #ahhg-hh4 ,keller 7,a4 ,g471 ,homeric ,society4 ,new ,york1 c41 #aijb4 ,kemble 7,j4 ,m471 ,the ,saxons in ,england4 ,ed4 by ,w4 ,de ,gray ,birch4 #b vols4 ,london1 #ahgf4 ,kenny 7,c4 ,s471 ,outlines of ,criminal ,law4 ,cambridge1 #aijb4 ,kern 7,h471 ,der ,buddhismus und seine ,geschichte in ,indien4 ,trans4 #b vols4 ,leipzig1 #ahhb-hd4 ---- ,manual of ,indian ,buddhism4 ,strassburg1 #ahif4 ,kessler 7,k 71 ',mani1 ,manicher'2 in ,herzog-,hauck1 ,realencyclopdie f4 ,protestantische ,theologie und ,kirche1 vol4 xii4 ,leipzig1 #aijc4 ,keyser 7,j4 ,r471 ,efterladte ,skrifter4 #b vols4 ,christiania1 #ahfe-fg4 ,kidd 7,benjamin71 ,social ,evolution4 ,london1 #ahid4 ,kidd 7,dudley71 ,the ,essential ,kafir4 ,london1 #aijd4 ,king 7,irving71 ,the ,development of ,religion4 ,new ,york1 #aiaj4 ,king 7,j4 ,h471 ,the ,supernatural4 #b vols4 ,london1 #ahib4 ,king 7,l4 ,w471 ,babylonian ,magic and ,sorcery4 ,london1 #ahif4 ,king 7,p4 ,p47 and ,fitzroy 7,r471 ,narrative of the ,voyages of the ,adventure and ,beagle4 #c vols4 ,london1 #ahci4 #gic ,king 7,richard71 ',on the ,intellectual ,character of the ,esquimaux'2 in ,jour4 ,ethn4 ,soc4 ,london1 vol4 i4 ,london1 #ahdh4 ,kingsley 7,mary ,h471 ',the ,fetish ,view of the ,human ,soul'2 in ,folk-,lore1 vol4 viii4 ,london1 #ahig4 ---- ,travels in ,west ,africa4 ,london1 #ahig4 ---- ,west ,african ,studies4 ,london1 #aija4 ,kipling 7,j4 ,lockwood71 ,beast and ,man in ,india4 ,london1 #ahia4 ,kirke 7,henry71 ,twenty-five ,years in ,british ,guiana4 ,london1 #ahih4 ,kittlitz 7,f4 ,h4 von71 ,denkwrdigkeiten einer ,reise nach dem russischen ,amerika1 nach ,mikronesien und durch ,kamtschatka4 #b vols4 ,gotha1 #aheh4 ,klemm 7,g471 ,allgemeine ,cultur-,geschichte der ,menschheit4 #aj vols4 ,leipzig4 #ahdc-eb4 ,klenze 7--71 ',die ,cognaten und ,affinen nach ,rmischem ,rechte in ,vergleichung mit andern verwandten ,rechten'2 in ,zeitschr4 f4 geschichtliche ,rechtswiss4 ed4 by ,f4 ,c4 von ,savigny and others1 vol4 vi4 ,berlin ,stettin1 #ahbh4 ,kloss 7,c4 ,b471 ,in the ,andamans and ,nicobars4 ,london1 #aijc4 ,klugmann 7,n471 ,die ,frau im ,talmud4 ,wien1 #ahih4 ,klunzinger 7,c4-,b471 ,upper ,egypt4 ,trans4 ,london1 #ahgh4 ,knox 7,william71 ,three ,tracts respecting the ,conversion and ,instruction of the ,free ,indians and ,negroe ,slaves in the ,colonies4 ,london1 #aghi4 ,kobelt 7,w471 ,reiseerinnerungen aus ,algerien und ,tunis4 ,frankfurt a4 ,m41 #ahhe4 ,koch 7,theodor71 ',die ,anthropophagie der sdamerikanischen ,indianer'2 in ,internationales ,archiv f4 ,ethnographie1 vol4 xii4 ,leiden1 #ahii4 ,khler 7,j4 ,a4 ,e471 ,volksbrauch1 ,aberglauben1 c4 im ,voigtlande4 ,leipzig1 #ahfg4 ,koenigswarter 7,l4 ,j471 tudes historiques sur le dveloppement de la socit humaine4 ,paris1 #ahej4 ---- ,histoire de l'organisation de la famille en ,france4 ,paris1 #ahea4 ,kohl 7,j4 ,g471 ,kitchi-,gami4 ,wanderings round ,lake ,superior4 ,trans4 ,london1 #ahfj4 ---- ,reise nach ,istrien1 ,dalmatien und ,montenegro4 #b vols4 ,dresden1 #ahea4 ,kohler 7,j471 ,altindisches ,prozessrecht4 ,stuttgart1 #ahia4 ---- ',das ,banturecht in ,ostafrika'2 in ,zeitschr4 f4 vergleichende ,rechtswiss4 vol4 xv4 ,stuttgart1 #aija4 ---- ',indisches ,ehe- und ,familienrecht'2 in ,zeitschr4 f4 vergleichende ,rechtswiss4 vol4 iii4 ,stuttgart1 #ahhb4 ---- ',das ,recht der ,herero'2 in ,zeitschr4 f4 vergleichende ,rechtswiss4 vol4 xiv4 ,stuttgart1 #aijj4 ---- ',das ,recht der ,hottentotten'2 in ,zeitschr4 f4 vergleichende ,rechtswiss4 vol4 xv4 ,stuttgart1 #aija4 ---- ',das ,recht der ,marschallinsulaner'2 in ,zeitschr4 f4 vergleichende ,rechtswiss4 vol4 xiv4 ,stuttgart1 #aijj4 ---- ',das ,recht der ,papuas'2 in ,zeitschr4 f4 vergleichende ,rechtswiss4 vol4 xiv4 ,stuttgart1 #aijj4 ---- ',die ,rechte der ,urvlker ,nordamerikas'2 in ,zeitschr4 f4 vergleichende ,rechtswiss4 vol4 xii4 ,stuttgart1 #ahig4 ---- ,rechtsvergleichende ,studien ber islamitisches ,recht1 c4 ,berlin1 #ahhi4 ---- ,shakespeare vor dem ,forum der ,jurisprudenz4 ,wrzburg1 #ahhc4--,nachwort4 ,wrzburg1 #ahhd4 #gid ,kohler 7,j47 and ,peiser 7,f4 ,e471 ,aus dem ,babylonischen ,rechtsleben4 #d vols4 ,leipzig1 #ahij-ih4 ,kolben 7,peter71 ,the ,present ,state of the ,cape of ,good-,hope4 ,trans4 #b vols4 ,london1 #agca4 ,kolff 7,d4 ,h471 ,voyage of the ,dutch ,brig of ,war ,dourga1 through the ,southern ,parts of the ,moluccan ,archipelago1 c4 ,london1 #ahdj4 ,kollmann 7,paul71 ,the ,victoria ,nyanza4 ,trans4 ,london1 #ahii4 ,koppenfels 7,h4 von71 ',meine ,jagden auf ,gorillas'2 in ,die ,gartenlaube1 #ahgg4 ,leipzig4 ,korn 7,the74 ,trans4 by ,j4 ,m4 ,rodwell4 ,london1 #ahgf4 ---- ,see ,qur'n 7,the74 ,kosmos4 ,leipzig4 ,kotzebue 7,o4 von71 ,a ,voyage of ,discovery into the ,south ,sea and ,behring's ,straits4 ,trans4 #c vols4 ,london1 #ahba4 ,kovalewsky 7,maxime71 ,coutume contemporaine et loi ancienne4 ,paris1 #ahic4 ---- ,modern ,customs and ,ancient ,laws of ,russia4 ,london1 #ahia4 ---- ',les origines du devoir'2 in ,revue ,internationale de sociologie1 vol4 ii4 ,paris1 #ahid4 ---- ,tableau des origines et de l'volution de la famille et de la proprit4 ,stockholm1 #ahij4 ,krafft-,ebing 7,r4 von71 ,lehrbuch der ,gerichtlichen ,psychopatologie4 ,stuttgart1 #aijj4 ---- ,psychopathia sexualis4 ,stuttgart1 #aijc4 ,krapf 7,j4 ,l471 ,reisen in ,ost-,afrika4 #b vols4 ,kornthal ,stuttgart1 #aheh4 ---- ,travels1 ,researches1 and ,missionary ,labours1 during an ,eighteen ,years' ,residence in ,eastern ,africa4 ,london1 #ahfj4 ,krasheninnikoff 7,s4 ,p471 ,the ,history of ,kamschatka1 and the ,kurilski ,islands4 ,trans4 ,glocester1 #agfd4 ,krause 7,aurel71 ,die ,tlinkit-,indianer4 ,jena1 #ahhe4 ,krause 7,ernst71 ',die ,ablsung der ,menschenopfer'2 in ,kosmos1 vol4 iii4 ,leipzig1 #ahgh4 ,krauss 7,f4 ,s471 ',das ,bauopfer bei den ,sdslaven'2 in ,mittheilungen der ,anthropologischen ,gesellschaft in ,wien1 vol4 xvii4 ,wien1 #ahhg4 ---- ,sitte und ,brauch der ,sdslaven4 ,wien1 #ahhe4 ,kremer 7,alfred von71 ,culturgeschichte des ,orients unter den ,chalifen4 #b vols4 ,wien1 #ahge-gg4 ---- ,studien zur vergleichenden ,culturgeschichte4 #b parts4 7,reprinted from ,sitzungsberichte der ,kais4 ,akademie der ,wissenschaften in ,wien1 ,philosophisch-historische ,classe1 vol4 cxx47 ,wien1 #ahhi-ij4 ,kropf 7,a471 ,das ,volk der ,xosa-,kaffern im stlichen ,sdafrika4 ,berlin1 #ahhi4 ,kropotkin 7,p471 ,mutual ,aid4 ,london1 #aijb4 ,kubary 7,j471 ',die ,bewohner der ,mortlock ,inseln'2 in ,mittheilungen der ,geographischen ,gesellschaft in ,hamburg1 #ahgh-gi4 ---- ',die ,ebongruppe im ,marshall's ,archipel'2 in ,journal des ,museum ,godeffroy1 pt4 i4 ,hamburg1 #ahgc4 ---- ,ethnographische ,beitrge zur ,kenntniss der ,karolinischen ,inselgruppe4 ,heft ,i43 ,die socialen ,einrichtungen der ,pelauer4 ,berlin1 #ahhe4 ---- ',die ,palau-,inseln in der ,sdsee'2 in ,journal des ,museum ,godeffroy1 pt4 iv4 ,hamburg1 #ahgc4 ---- ',die ,religion der ,pelauer'2 in ,bastian1 ,allerlei aus ,volks- und ,menschenkunde1 vol4 i4 ,berlin1 #ahhh4 #gie ,kubary 7,j471 ',die ,verbrechen und das ,strafverfahren auf den ,pelau-,inseln'2 in ,original-,mittheilungen aus der ethnologischen ,abtheilung der kniglichen ,museen zu ,berlin1 vol4 i4 ,berlin1 #ahhf4 ,kkenthal 7,w471 ,ergebnisse einer zoologischen ,forschungsreise in den ,molukken und ,borneo4 ,erster ,teil3 ,reisebericht4 ,frankfurt a4 ,m41 #ahif4 ,kuenen 7,a471 ,hibbert ,lectures on ,national ,religions and ,universal ,religions4 ,london1 #ahhb4 ---- ,the ,religion of ,israel4 ,trans4 #c vols4 ,london1 #ahgd-ge4 ,labat 7,j4 ,b471 ,relation historique de l'thiopie occidentale4 #e vols4 ,paris1 #agcb4 ,labbe 7,ph471 ,sacrorum ,conciliorum collectio4 ,ed4 by ,j4 ,d4 ,mansi4 #ca vols4 ,florentiae1 ,venetiis1 #agei-ih4 ,labillardire 7,j4 ,j4 ,houtou de71 ,an ,account of a ,voyage in ,search of ,la ,prouse in the ,years #agia-ic4 ,trans4 #b vols4 ,london1 #ahjj4 ,laboulaye 7,e471 ,recherches sur la condition civile et politique des femmes4 ,paris1 #ahdc4 ,lactantius 7,l4 ,c4 ,f471 ,opera omnia4 #b vols4 7,migne1 ,patrologi cursus1 vols4 vi4-vii47 ,parisiis1 #ahdd4 ,lffler 7,l4 ,f471 ,den gottlndska ,taksteinar-sgnen4 7,bidrag till knnedom om de svenska landsmlen ock svenskt folkliv1 vol4 xix4 art4 #f47 ,stockholm1 #aijc4 ---- ',om den fornsvenska hednalagen'2 in ,kongl4 ,vitterhets ,historie och ,antiquitets ,akademiens ,mnadsbad1 vol4 viii4 ,stockholm1 #ahgi4 ,lafitau 7,j4 ,f471 ,moeurs des sauvages ameriquains4 #b vols4 ,paris1 #agbd4 ,la ,flesche 7,f471 ',death and ,funeral ,customs among the ,omahas'2 in ,the ,journal of ,american ,folk-,lore1 vol4 ii4 ,boston ,new ,york1 #ahhi4 ,lagerborg 7,rolf71 ',la nature de la morale'2 in ,revue ,internationale de sociologie1 vol4 xi4 ,paris1 #aijc4 ,lago 7,v471 ,memorie sulla ,dalmazia4 #c vols4 ,venezia1 #ahfi-ga4 ,lahontan 7,j4 de71 ,mmoires de l',amrique septentrionale4 ,la ,haye1 #agjc4 ,laing 7,a4 ,gordon71 ,travels in the ,timannee1 ,kooranko1 and ,soolima ,countries in ,western ,africa4 ,london1 #ahbe4 ,laing 7,samuel71 ,notes of a ,traveller1 on the ,social and ,political ,state of ,france1 ,prussia1 ,switzerland1 ,italy1 c4 ,london1 #ahdb4 ,laistner 7,l471 ,das ,recht in der ,strafe4 ,mnchen1 #ahgb4 ,lala 7,r4 ,reyes71 ,the ,philippine ,islands4 ,new ,york1 #ahii4 ,lallemand 7,lon71 ,histoire des enfants abandonns et dlaisss4 ,paris1 #ahhe4 ,lancelot du ,lac4 #c vols4 ,paris1 #aebj4 ,landa 7,diego de71 ,relacion de las cosas de ,yucatan4 ,paris1 #ahfd4 ',landnmabk'2 in slendnga sgur1 udgivne af ,del ,kongelige ,nordiske ,oldskrift-,selskab1 vol4 i4 ,kjbenhavn1 #ahdc4 ,landor 7,a4 ,h4 ,savage71 ,alone with the ,hairy ,ainu4 ,london1 #ahic4 ,landtman 7,g471 ,the ,origin of ,priesthood4 ,ekenaes1 #aije4 ,lane 7,e4 ,w471 ,an ,account of the ,manners and ,customs of the ,modern ,egyptians4 #b vols4 ,london1 #ahga4 ---- ,the same work4 ,london1 #ahif4 ---- ,arabian ,society in the ,middle ,ages4 ,ed4 by ,stanley ,lane-,poole4 ,london1 #ahhc4 ,lane-,poole 7,stanley71 ,the ,speeches and ,table-,talk of the ,prophet ,mohammad4 ,london1 #ahhb4 ---- ,studies in a ,mosque4 ,london1 #ahic4 ,lanessan 7,j4-,l4 de71 ,la morale des philosophes chinois4 ,paris1 #ahif4 #gif ,lang 7,andrew71 ,magic and ,religion4 ,london1 #aija4 ---- ,the ,making of ,religion4 ,london1 #ahih4 ---- ,social ,origins4 ,london1 #aijc4 ,lang 7,j4 ,d471 ,cooksland in ,north-,eastern ,australia4 ,london1 #ahdg4 ---- ,queensland4 ,london1 #ahfa4 ,langkavel 7,b471 ',pferde und ,naturvlker'2 in ,internationales ,archiv fr ,ethnographie1 vol4 i4 ,leiden1 #ahhh4 ,langsdorf 7,g4 ,h4 von71 ,voyages and ,travels in various ,parts of the ,world1 during the ,years1 #ahjc-ahjg4 #b vols4 ,london1 #ahac-ad4 ,la ,nou 7,franois de71 ,discours politiques et militaires4 ,basle1 #aehg4 ,la ,prouse 7,j4 ,f4 ,g4 de71 ,a ,voyage round the ,world1 in the ,years #aghe-hh4 ,trans4 #c vols4 ,london1 #agii4 ,lappenberg 7,j4 ,m471 ,a ,history of ,england under the ,anglo-,saxon ,kings4 ,trans4 #b vols4 ,london1 #ahha4 ,larger ,catechism 7,the71 agreed upon by the ,assembly of ,divines at ,westminster4 ,ed4 by ,h4 ,cooke4 ,belfast1 #ahcc4 ,la ,roche-,fontenilles 7,l4 ,a4 ,m4 de71 ,l'glise et la piti envers les animaux4 ,paris1 c41 #aijc4 ,la ,rochefoucauld 7,f4 de71 ,les maximes4 ,paris1 #ahha4 ,la ,salle 7,r4 ,r4 de71 ',an ,account of ,monsieur de la ,salle's ,last ,expedition and ,discoveries in ,north ,america'2 in ,collections of the ,new-,york ,historical ,society1 for the ,year #ahad1 vol4 ii4 ,new-,york1 #ahad4 ,lasaulx 7,ernst von71 ,der ,eid bei den ,rmern4 ,wrzburg1 #ahdd4 ---- ,der ,fluch bei ,griechen und ,rmern4 ,wrzburg1 #ahdc4 ---- ,die ,shnopfer der ,griechen und ,rmer4 ,wrzburg1 #ahda4 ,lasch 7,richard71 ',die ,behandlung der ,leiche des ,selbstmrders'2 in ,globus1 vol4 lxxvi4 ,braunschweig1 #ahii4 ---- ',besitzen die ,naturvlker ein persnliches ,ehrgefhl8' in ,zeitschr4 f4 ,socialwissensch4 vol4 iii4 ,berlin1 #aijj4 ---- ',rache als ,selbstmordmotiv'2 in ,globus1 vol4 lxxiv4 ,braunschweig1 #ahih4 ---- ',religiser ,selbstmord und seine ,beziehung zum ,menschenopfer'2 in ,globus1 vol4 lxxv4 ,braunschweig1 #ahii4 ---- ',der ,selbstmord aus erotischen ,motiven bei den primitiven ,vlkern'2 in ,zeitschr4 f4 ,socialwissensch4 vol4 ii4 ,berlin1 #ahii4 ,lasson 7,adolf71 ,system der ,rechtsphilosophie4 ,berlin ,leipzig1 #ahhb4 ,latham 7,r4 ,g471 ,descriptive ,ethnology4 #b vols4 ,london1 #ahei4 ,laurent 7,franois71 tudes sur l'histoire de l',humanit4 #ah vols4 ,paris1 #ahfe-hj4 ,laurie 7,s4 ,s471 ,ethica4 ,london1 #ahia4 ,laurire 7,e4 de71 ,glossaire du droit franois4 ,niort1 #ahhb4 ,laveleye 74 de71 ,de la proprit et de ses formes primitives4 ,paris1 #ahgd4 ---- ,das ,ureigenthum4 ,ed4 by ,k4 ,bcher4 ,leipzig1 #ahgi4 ,law ,quarterly ,review 7,the74 ,ed4 by ,sir ,f4 ,pollock4 ,london4 ,law ,reports1 ,cases determined in the ,queen's ,bench ,division4 ,london1 #ahgf1 c4 ,lawrence 7,john71 ,a ,philosophical and ,practical ,treatise on ,horses1 and on the ,moral ,duties of ,man towards the ,brute ,creation4 #b vols4 ,london1 #agif-ih4 ,lawrence 7,t4 ,j471 ,essays on some disputed ,questions in ,modern ,international ,law4 ,cambridge1 #ahhe4 #gig,laws of ,manu 7,the74 ,trans4 by ,g4 ,bhler4 7,the ,sacred ,books of the ,east1 vol4 xxv47 ,oxford1 #ahhf4 ,layard 7,a4 ,h471 ,discoveries in the ,ruins of ,nineveh and ,babylon4 ,london1 #ahec4 ,lea 7,h4 ,c471 ,an ,historical ,sketch of ,sacerdotal ,celibacy in the ,christian ,church4 ,boston1 #ahhd4 ---- ,a ,history of the ,inquisition of the ,middle ,ages4 #c vols4 ,london1 #ahhh4 ---- ,superstition and ,force4 ,philadelphia1 #ahib4 ,le ,blant 7,e471 ,inscriptions chrtiennes de la ,gaule antrieures au ,,viii4 sicle4 #b vols4 ,paris1 #ahef-fe4 ,le ,bon 7,gustave71 ,la civilisation des ,arabes4 ,paris1 #ahhd4 ,lecky 7,w4 ,e4 ,h471 ,democracy and ,liberty4 #b vols4 ,london1 #ahii4 ---- ,history of ,european ,morals from ,augustus to ,charlemagne4 #b vols4 ,london1 #ahij4 ---- ,history of the ,rise and ,influence of the ,spirit of ,rationalism in ,europe4 #b vols4 ,london1 #ahic4 ,leem 7,knud71 ,beskrivelse over ,finmarkens ,lapper4 ,kjbenhavn1 #agfg4 ,leffler 7,l4 ,f474 ,see ,lffler4 ',leges ,burgundionum'2 in ,pertz1 ,monumenta ,germani historica1 ,leges1 vol4 iii4 ,hannoverae1 #ahfc4 ,legge 7,james71 ,the ,chinese ,classics4 #b vols4 ,oxford1 #ahic-ie4 ---- ,the ,notions of the ,chinese concerning ,god and ,spirits4 ,hongkong1 #aheb4 ---- ,the ,religions of ,china4 ,london1 #ahhj4 ,legis ,duodecim ,tabularum reliqui4 ,ed4 by ,r4 ,schoell4 ,lipsiae1 #ahff4 ,legoyt 7,a471 ,le suicide ancien et moderne4 ,paris1 #ahha4 ,legrand 7,louis71 ,l'ide de patrie4 ,paris1 #ahig4 ,le ,grand d',aussy 7,p4 ,j4 ,b471 ,histoire de la vie prive des ,franois4 ,ed4 by ,j4 ,b4 ,b4 de ,roquefort4 #c vols4 ,paris1 #ahae4 ,leguvel de ,lacombe 7,b4 ,f471 ,voyage ,madagascar et aux ,iles ,comores4 #b vols4 ,paris1 #ahdj4 ,lehmann 7,alfr471 ,hovedlovene for det menneskelige ,flelseliv4 ,kbenhavn1 #ahib4 ,lehmann 7,e471 ,zarathustra4 #b vols4 ,kbenhavn1 #ahii-aijb4 ,leibnitz 7,g4 ,w471 ,essais de ,theodice sur la bont de ,dieu1 la libert de l'homme1 et l'origine du mal4 ,amsterdam1 #agab4 ,leist 7,b4 ,w471 ,alt-arisches ,jus ,civile4 #b vols4 ,jena1 #ahib-if4 ---- ,alt-arisches ,jus ,gentium4 ,jena1 #ahhi4 ---- ,grco-italische ,rechtsgeschichte4 ,jena1 #ahhd4 ,le ,mesurier 7,c4 ,j4 ,r471 ',the ,vedds of ,ceylon'2 in ,jour4 ,roy4 ,asiatic ,soc4 ,ceylon ,branch1 vol4 ix4 ,colombo1 #ahhg4 ,leo ,africanus1 ,the ,history and ,description of ,africa4 ,trans4 ed4 by ,r4 ,brown4 #c vols4 ,london1 #ahif4 ,leo ,i4 7,saint71 surnamed the ,great1 ,opera omnia4 #c vols4 7,migne1 ,patrologi cursus1 vols4 liv4-lvi47 ,parisiis1 #ahdf4 ,leonhardi 7,m4 von71 'ber einige religise und totemistische ,vorstellungen der ,aranda und ,loritja in ,zentralaustralien'2 in ,globus1 vol4 xci4 ,braunschweig1 #aijg4 ,lepsius 7,richard71 ,letters from ,egypt1 ,ethiopia1 and the ,peninsula of ,sinai4 ,trans4 ,london1 #ahec4 ,leslie 7,david71 ,among the ,zulus and ,amatongas4 ,edinburgh1 #ahge4 #gih ,letourneau 7,ch471 ,l'volution de la morale4 ,paris1 #ahhg4 ---- ,l'volution religieuse dans les diverses races humaines4 ,paris1 #ahib4 ,leuba 7,j4 ,h471 ,a ,psychological ,study of ,religion4 ,new ,york1 #aiab4 ,le ,vaillant 7,franois71 ,travels from the ,cape of ,good-,hope1 into the ,interior ,parts of ,africa4 ,trans4 #b vols4 ,london1 #agij4 ,levy 7,jacob71 ,neuhebrisches und ,chaldisches ,wrterbuch ber die ,talmudim4 #d vols4 ,leipzig1 #ahgf-hi4 ,lewin 7,t4 ,h471 ,the ,hill ,tracts of ,chittagong4 ,calcutta1 #ahfi4 ---- ,wild ,races of ,south-,eastern ,india4 ,london1 #ahgj4 ,lewis 7,a4 ,h471 ,a ,critical ,history of ,sunday ,legislation4 ,new ,york1 #ahhh4 ---- ,paganism surviving in ,christianity4 ,london1 #ahib4 ,lewis 7,m47 and ,clarke 7,w471 ,travels to the ,source of the ,missouri ,river1 c4 ,london1 #ahad4 ',lex ,baiuwariorum'2 in ,pertz1 ,monumenta ,germani historica1 ,leges1 vol4 iii4 ,hannoverae1 #ahfc4 ,lex ,duodecim ,tabularum4 ,see ,legis1 c4 ,lex ,frisionum4 ,ed4 by ,e4 ,t4 ,gaupp4 ,vratislaviae1 #ahcb4 ',lex ,ripuariorum'2 in ,georgisch1 ,corpus juris ,germanici antiqui4 ,halae ,magdeburgicae1 #agch4 ,lex ,salica3 ,the ,ten ,texts with the ,glosses1 and the ,lex ,emendata4 ,ed4 by ,j4 ,h4 ,hessels4 ,london1 #ahhj4 ',lex ,saxonum'2 in ,pertz1 ,monumenta ,germani historica1 ,leges1 vol4 v4 ,hannoverae1 #ahge-hi4 ',lex ,wisigothorum'2 in ,georgisch1 ,corpus juris ,germanici antiqui4 ,halae ,magdeburgicae1 #agch4 ,leyden 7,j471 ',on the ,languages and ,literature of the ,indo-,chinese ,nations'2 in ,asiatic ,researches1 vol4 x4 ,calcutta1 #ahaa4 ,l ,k 7,the74 ,trans4 by ,j4 ,legge4 #b vols4 7,the ,sacred ,books of the ,east4 vols4 xxvii4-xxviii47 ,oxford1 #ahhe4 ,lichtenberg 7,g4 ,chr471 ,vermischte ,schriften4 #i vols4 ,gttingen1 #ahjj-jf4 ,lichtenstein 7,h471 ,travels in ,southern ,africa4 ,trans4 #b vols4 ,london1 #ahab-ae4 ,lichtschein 7,l471 ,die ,ehe nach 9999mosaisch-talmudischer ,auffassung4 ,leipzig1 #ahgi4 ,liddell 7,h4 ,g47 and ,scott 7,r471 ,a ,greek-,english ,lexicon4 ,oxford1 #ahig4 ,liebich 7,r471 ,die ,zigeuner4 ,leipzig1 #ahfc4 ,liebrecht 7,felix71 ,zur ,volkskunde4 ,heilbronn1 #ahgi4 ,lilly 7,w4 ,s471 ,on ,right and ,wrong4 ,london1 #ahia4 ,lindenbrog 7,f471 ,codex legum antiquarum4 ,francofurti1 #afac4 ,lippert 7,julius71 ,christenthum1 ,volksglaube und ,volksbrauch4 ,berlin1 #ahhb4 ---- ,kulturgeschichte der ,menschheit4 #b vols4 ,stuttgart1 #ahhf-hg4 ---- ,die ,religionen der europischen ,culturvlker4 ,berlin1 #ahha4 ---- ,der ,seelencult in seinen ,beziehungen zur althebrischen ,religion4 ,berlin1 #ahha4 ,lisiansky 7,u471 ,a ,voyage round the ,world4 ,london1 #ahad4 ,lisle 7,e471 ,du suicide4 ,paris1 #ahef4 ,liszt 7,franz von71 ,la lgislation pnale compare4 ,publie par l',union ,internationale de droit pnal4 #a;er volume3 ,le droit criminel des tats europens4 ,berlin1 #ahid4 ---- ,lehrbuch des deutschen ,strafrechts4 ,berlin1 #ahia4 ,little 7,h4 ,w471 ,madagascar4 ,edinburgh ,london1 #ahhd4 #gii ,littr 7471 ,dictionnaire de la langue franaise4 #b vols4 ,paris1 #ahfc-gb4 ---- tudes sur les ,barbares et le ,moyen ,age4 ,paris1 #ahfg4 ,livingstone 7,d471 ,the ,last ,journals of1 in ,central ,africa4 ,ed4 by ,h4 ,waller4 #b vols4 ,london1 #ahgd4 ---- ,missionary ,travels and ,researches in ,south ,africa4 ,london1 #aheg4 ---- and ,livingstone 7,charles71 ,narrative of an ,expedition to the ,zambesi and its ,tributaries4 ,london1 #ahfe4 ,livy 7,t471 ,historiarum libri qui supersunt4 #be vols4 ,londini1 #ahbh4 ,lobo 7,j471 ,a ,voyage to ,abyssinia4 ,trans4 ,london1 #ahhg4 ,locke 7,john71 ,philosophical ,works4 ,london1 #ahdc4 ---- ,two ,treatises of ,government4 ,london1 #agac4 ,locqueneuille 7,scarsez de71 ,l'esclavage1 ses promoteurs et ses adversaires4 ,lige1 #ahij4 ,lw 7,leopold71 ,gesammelte ,schriften4 #d vols4 ,szegedin1 #ahhi-ih4 ,logan 7,james71 ,the ,scottish ,gal4 ,ed4 by ,alex4 ,stewart4 #b vols4 ,inverness #ahgf4 ,logan 7,william71 ,words of ,comfort for ,parents bereaved of ,little ,children4 ,london1 #ahfa4 ,loir 7,a471 ',l'esclavage en ,tunisie'2 in ,revue scientifique1 ser4 iv4 vol4 xii4 ,paris1 #ahii4 ,lomonaco 7,a471 ',sulle razze indigene del ,brasile'2 in ,archivio per l'antropologia e la etnologia1 vol4 xix4 ,firenze1 #ahhi4 ,lopez ,cogolludo 7,diego71 ,historia de ,yucathan4 ,madrid1 #afhh4 ,lorimer 7,james71 ,the ,institutes of the ,law of ,nations4 #b vols4 ,edinburgh1 #ahhc-hd4 ,loskiel 7,g4 ,h471 ,history of the ,mission of the ,united ,brethren among the ,indians in ,north ,america4 ,trans4 #c vols4 ,london1 #agid4 ,lovisato 7,domenico71 ',appunti etnografici con accenni geologici sulla ,terra del ,fuoco'2 in ,cosmos1 ed4 by ,guido ,cora1 vol4 viii4 ,torino1 #ahhd-he4 ,low 7,hugh71 ,sarawak4 ,london1 #ahdh4 ,loysel 7,antoine71 ,institutes coutumires4 ,ed4 by ,m4 ,dupin and d4 ,laboulaye4 #b vols4 ,paris1 #ahdf4 ,lubbock 7,sir ,john74 ,see ,avebury 7,lord74 ,lucian1 ,opera4 ,parisiis1 #ahfg4 ,ludwig 7,g471 ,tertullian's ,ethik4 ,leipzig1 #ahhe4 ,lumholtz 7,carl71 ,among ,cannibals4 ,london1 #ahhi4 ---- ,unknown ,mexico4 #b vols4 ,london1 #aijc4 ',lun ,y'2 in ,legge1 ,the ,chinese ,classics1 vol4 i4 ,oxford1 #ahic4 ,lyall 7,a4 ,c471 ,asiatic ,studies4 ,london1 #ahhb4 ,lycurgus1 ,oratio in ,leocratem4 ,ed4 by ,f4 ,blass4 ,lipsiae1 #ahii4 ---- ,the same work4 ,ed4 and trans4 by ,e4 ,jenicke4 ,leipzig1 #ahef4 ,lyon 7,g4 ,f471 ,the ,private ,journal during the ,voyage of ,discovery under ,captain ,parry4 ,london1 #ahbd4 ,lyttelton 7,george71 ,the ,history of the ,life of ,king ,henry the ,second4 #d vols4 ,london1 #agfg-ga4 ,mabille 7,paul71 ,la guerre4 ,paris1 #ahhd4 ,mac,cauley 7,clay71 ',the ,seminole ,indians of ,florida'2 in ,ann4 ,rep4 ,bur4 ,ethn4 vol4 v4 #ahhg4 ,mc,cord 7,d4 ,j471 ,the ,statutes at large of ,south ,carolina4 #aj vols4 ,columbia 7,s4 ,c471 #ahcf-da4 #hjj ,mc,coy 7,isaac71 ,history of ,baptist ,indian ,missions4 ,washington1 #ahdj4 ,mc,curdy 7,j4 ,f471 ',the ,moral ,evolution of the ,old ,testament'2 in ,the ,american ,journal of ,theology1 vol4 i4 ,chicago1 #ahig4 ,macdonald 7,d471 ,oceania4 ,melbourne ,london1 #ahhi4 ,macdonald 7,duff71 ,africana4 #b vols4 ,london1 #ahhb4 ,macdonald 7,james71 ',east ,central ,african ,customs'2 in ,jour4 ,anthr4 ,inst4 vol4 xxii4 ,london1 #ahic4 ---- ,light in ,africa4 ,london1 #ahij4 ---- ,religion and ,myth4 ,london1 #ahic4 ,macdonell 7,a4 ,a471 ,vedic ,mythology4 ,strassburg1 #ahig4 ,macfie 7,m471 ,vancouver ,island and ,british ,columbia4 ,london1 #ahfe4 ,mc,gee 7,w4 ,j471 ',the ,seri ,indians'2 in ,ann4 ,rep4 ,bur4 ,ethn4 vol4 xvii4 pt4 i4 ,washington1 #ahih4 ---- ',the ,siouan ,indians'2 in ,ann4 ,rep4 ,bur4 ,ethn4 vol4 xv4 ,washington1 #ahig4 ,macgillivray 7,john71 ,narrative of the ,voyage of ,h4,m4,s4 ,rattlesnake4 #b vols4 ,london1 #aheb4 ,mac,gregor 7,william71 ',lagos1 ,abeokuta1 and the ,alake'2 in ,jour4 ,african ,soc4 nr4 xii4 ,london1 #aijd4 ,machiavelli 7,niccolo71 ,opere4 #aj vols4 ,milano1 #ahjd-je4 ,macieiowski 7,w4 ,a471 ,slavische ,rechtsgeschichte4 ,trans4 #d vols4 ,stuttgart ,leipzig1 #ahce-ci4 ,mackenzie 7,alex471 ,voyages from ,montreal to the ,frozen and ,pacific ,oceans4 ,london1 #ahja4 ,mackenzie 7,john ,s471 ,a ,manual of ,ethics4 ,london1 #aijj4 ,mackenzie 7,thomas71 ,studies in ,roman ,law4 ,ed4 by ,john ,kirkpatrick4 ,edinburgh1 #ahhf4 ,mackintosh 7,john71 ,the ,history of ,civilisation in ,scotland4 #d vols4 ,aberdeen1 #ahgh-ib4 ,maclean 7,john71 ,a ,compendium of ,kafir ,laws and ,customs4 ,mount ,coke1 #aheh4 ,mc,lennan 7,j4 ,f471 ',the ,levirate and ,polyandry'2 in ,the ,fortnightly ,review1 new ser4 vol4 xxi4 ,london1 #ahgg4 ---- ,studies in ,ancient ,history4 ,london1 #ahhf4 ,m',leod 7,john71 ,a ,voyage to ,africa1 with some ,account of the ,manners and ,customs of the ,dahomian ,people4 ,london1 #ahbj4 ,mac,mahon 7,a4 ,r471 ,far ,cathay and ,farther ,india4 ,london1 #ahic4 ,macmillan 7,michael71 ,the ,promotion of ,general ,happiness4 ,london1 #ahij4 ,mc,nair 7,f471 ,perak and the ,malays4 ,london1 #ahgh4 ,macpherson 7,s4 ,c471 ',an ,account of the ,religious ,opinions and ,observances of the ,khonds'2 in ,jour4 ,roy4 ,asiatic ,soc4 vol4 vii4 ,london1 #ahdc4 ---- ,memorials of ,service in ,india4 ,london1 #ahfe4 ,macrae 7,john71 ',account of the ,kookies'2 in ,asiatick ,researches1 vol4 vii4 ,calcutta1 #ahca4 ,mac ,ritchie 7,david71 ,the ,anos4 ,leiden1 #ahib4 ,macrobius 7,a4 ,t471 ,opera4 ,ed4 by ,l4 ,janus4 #b vols4 ,quedlinburgi ,lipsiae1 #ahde-eb4 ,madras ,government ,museum's ,bulletins4 ,madras4 ,magalhanes de ,gandavo 7,pero de71 ,histoire de la ,province de ,sancta-,crux4 ,trans4 ,paris1 #ahcg4 ,magazine of ,american ,history 7,the74 ,new ,york ,chicago4 ,magyar 7,l471 9999,reisen in ,sd-,afrika4 ,pest ,leipzig1 #ahei4 #hja,mahabharata of ,krishna-,dwaipayana ,vyasa4 ,trans4 by ,p4 ,chandra ,roy4 #ah vols4 ,calcutta1 #ahhc-if4 ,mahaffy 7,j4 ,p471 ,social ,life in ,greece from ,homer to ,menander4 ,london1 #ahgd4 ,maine 7,sir ,h4 ,sumner71 ,ancient ,law4 ,london1 #ahhe4 ---- ,dissertations on ,early ,law and ,custom4 ,london1 #ahia4 ---- ,lectures on the ,early ,history of ,institutions4 ,london1 #ahge4 ---- ,the ,whewell ,lectures4 ,international ,law4 ,london1 #ahhh4 ,maitland 7,s4 ,r471 ,the ,dark ,ages4 ,london1 #ahdd4 ,makarewicz 7,j471 volution de la peine4 ,s4 l4 d4 ',makkoth'2 in ,le ,talmud de ,jrusalem1 trans4 by ,m4 ,schwab1 vol4 xi4 ,paris1 #ahhi4 ,malalas 7,j471 ',chronographia'2 in ,migne1 ,patrologi cursus1 ,ser4 ,graeca1 vol4 xcvii4 ,parisiis1 #ahfj4 ,malcolm 7,sir ,john71 ,a ,memoir of ,central ,india4 #b vols4 ,london1 #ahbc4 ---- ,sketch of the ,sikhs4 ,london1 #ahab4 ,malinowski 7,b471 ,the ,family among the ,australian ,aborigines4 ,london1 #aiac4 ,mallat 7,j471 ,les ,philippines4 #b vols4 ,paris1 #ahdf4 ,mallery 7,garrick71 ,israelite and ,indian4 ,new ,york1 #ahhi4 ---- ',manners and ,meals'2 in ,the ,american ,anthropologist1 vol4 i4 ,washington1 #ahhh4 ,mallet 7,p4 ,h471 ,northern ,antiquities4 ,trans4 ,london1 #ahdg4 ,malloch 7,m4 ,m471 ',how the ,church dealt with ,slavery'2 in ,the ,month1 vol4 xxvii4 ,london1 #ahgf4 ,malone 7,r4 ,e471 ,three ,years' ,cruise in the ,australian ,colonies4 ,london1 #ahed4 ,man4 ,a ,monthly ,record of ,anthropological ,science4 ,london4 ,man 7,e4 ,g471 ,sonthalia and the ,sonthals4 ,london1 #ahfg4 ,man 7,e4 ,h471 ',on the ,aboriginal ,inhabitants of the ,andaman ,islands'2 in ,jour4 ,anthr4 ,inst4 vol4 xii4 ,london1 #ahhe4 ,manacine 7,marie71 ,le surmenage mental dans la civilisation moderne4 ,trans4 ,paris1 #ahij4 ,mandeville 7,b4 de71 ,the ,fable of the ,bees4 ,london1 #agbd4 ,manning 7,james71 ',notes on the ,aborigines of ,new ,holland'2 in ,jour4 and ,proceed4 ,roy4 ,soc4 ,n4,s4 ,wales1 #ahhb1 vol4 xvi4 ,sydney1 #ahhc4 ,mansel 7,h4 ,l471 ,prolegomena ,logica4 ,oxford1 #ahfj4 ,mantegazza 7,paolo71 ,rio de la ,plata e ,tenerife4 ,milano1 #ahfg4 ---- ',studii sull' etnologia dell' ,india'2 in ,archivio per l'antropologia e la etnologia1 vol4 xiii4 ,firenze1 #ahhc4 ,manu1 ,the ,laws of4 ,see ,laws of ,manu 7,the74 ,manual of the ,laws of ,war on ,land4 ,prepared by the ,institute of ,international ,law4 ,trans4 7,appendix ,no4 ,,iii4 in ,lorimer1 ,the ,institutes of the ,law of ,nations1 vol4 ii47 ,edinburgh1 #ahhd4 ,manzoni 7,alessandro71 ,osservazioni sulla morale cattolica4 ,firenze1 #ahhg4 ,marcellinus 7,ammianus71 ,rerum gestarum libri qui supersunt4 ,ed4 by ,v4 ,gardthausen4 #b vols4 ,lipsiae1 #ahgd-ge4 ,marcgravius de ,liebstad 7,g471 ,historia rerum naturalium ,brasili4 ,lugduni ,batavorum ,amstelodami1 #afdh4 ,marculfus1 ',formularum libri duo'2 in ,migne1 ,patrologi cursus4 vol4 lxxxvii4 ,parisiis1 #ahea4 #hjb ,marcus ,aurelius1 ,commentariorum libri ,,xii4 ,ed4 by ,i4 ,stich4 ,lipsi1 #aijc4 ,mareschalcus 7,nicolaus71 ',annalium ,herulorum ac ,vandalorum libri septem'2 in ,monumenta inedita rerum ,germanicarum1 c41 ed4 by ,e4 ,j4 de ,westphalen1 vol4 i4 ,lipsiae1 #agci4 ,marett 7,r4 ,r471 ,anthropology4 ,london1 #aiab4 ---- ,the ,threshold of ,religion4 ,london1 #aiad4 ,marillier 7,l471 ,la survivance de l'me et l'ide de justice chez les peuples non civiliss4 ,paris1 #ahid4 ,mariner 7,william71 ,an ,account of the ,natives of the ,tonga ,islands4 ,compiled by ,john ,martin4 #b vols4 ,london1 #ahag4 ,mariti 7,giovanni71 ,travels through ,cyprus1 ,syria1 and ,palestine4 ,trans4 #c vols4 ,london1 #agia-ib4 ,markham 7,a4 ,h471 ,the ,cruise of the ,rosario amongst the ,new ,hebrides and ,santa ,cruz ,islands4 ,london1 #ahgc4 ,markham 7,sir ,c4 ,r471 ,a ,history of ,peru4 ,chicago1 #ahib4 ---- ',a ,list of the ,tribes in the ,valley of the ,amazon'2 in ,jour4 ,anthr4 ,inst4 vol4 xxiv4 ,london1 #ahie4 ---- ',on the ,geographical ,positions of the ,tribes which formed the ,empire of the ,yncas'2 in ,jour4 ,roy4 ,geo4 ,soc4 vol4 xli4 ,london1 #ahga4 ,marquardt 7,j471 ,rmische ,staatsverwaltung4 #c vols4 ,leipzig1 #ahgc-gh4 ,marquette 7,jacques71 ,rcit des voyages et des dcouvertes4 ,albanie 7,n4,y471 #ahee4 ,marsden 7,w471 ,the ,history of ,sumatra4 ,london1 #ahaa4 ,marshall 7,frederic71 ,international ,vanities4 ,edinburgh ,london1 #ahge4 ,marshall 7,h4 ,r471 ,pain1 ,pleasure1 and sthetics4 ,london1 #ahid4 ,marshall 7,w4 ,e471 ,a ,phrenologist amongst the ,todas4 ,london1 #ahgc4 ,martensen 7,h471 ,christian ,ethics4 ,general ,part4 ,trans4 ,edinburgh1 s4 d4 ---- ,christian ,ethics4 ,special ,part4 ,individual ,ethics4 ,trans4 ,edinburgh1 #ahha4 ,martialis 7,m4 ,v471 ,epigrammata4 #c vols4 ,londini1 #ahbb-bc4 ,martin 7,henri71 ,histoire de ,france depuis les temps les plus reculs jusqu'en #aghi4 #ag vols4 ,paris1 #ahgh4 ,martin 7,k471 ,reisen in den ,molukken1 c4 ,leiden1 #ahid4 ,martineau 7,james71 ,types of ,ethical ,theory4 #b vols4 ,oxford1 #ahia4 ,martinengo-,cesaresco 7,countess ,evelyn71 ,essays in the ,study of ,folk-,songs4 ,london1 #ahhf4 ,martius 7,c4 ,f4 ,ph4 von71 ,beitrge zur ,ethnographie und ,sprachenkunde ,amerika's zumal ,brasiliens4 #b vols4 ,leipzig1 #ahfg4 ---- ,von dem ,rechtszustande unter den ,ureinwohnern ,brasiliens4 ,mnchen1 #ahcb4 ,marx 7,karl71 ,capital4 ,trans4 ,ed4 by ,f4 ,engels4 ,london1 #ahif4 ,mas 7,s4 de71 ,informe sobre el estado de las ,islas ,filipinas en #ahdb4 ,vol4 i4 ,madrid1 #ahdc4 ,mason 7,f471 ',on ,dwellings1 ,works of ,art1 ,laws1 c4 of the ,karens'2 in ,jour4 ,asiatic ,soc4 ,bengal1 vol4 xxxvii4 pt4 ii4 ,calcutta1 #ahfh4 ---- ',physical ,character of the ,karens'2 in ,jour4 ,asiatic ,soc4 ,bengal1 vol4 xxxv4 pt4 ii4 ,calcutta1 #ahfg4 ---- ',religion1 ,mythology1 and ,astronomy among the ,karens'2 in ,jour4 ,asiatic ,soc4 ,bengal1 vol4 xxxiv4 pt4 ii4 ,calcutta1 #ahfe4 ,mason 7,o4 ,t471 ,woman's ,share in ,primitive ,culture4 ,london1 #ahie4 ,maspero 7,g471 ,the ,dawn of ,civilization4 ,trans4 ,london1 #ahif4 #hjc ,maspero 7,g471 tudes de mythologie et d'archologie gyptiennes4 #b vols4 ,paris1 #ahic4 ---- ,life in ,ancient ,egypt and ,assyria4 ,trans4 ,london1 #ahib4 ,massey 7,william71 ,a ,history of ,england during the ,reign of ,george ,,iii4 #d vols4 ,london1 #ahfe4 ,mathew 7,john71 ',the ,australian ,aborigines'2 in ,jour4 and ,proceed4 ,roy4 ,soc4 ,n4,s4 ,wales1 vol4 xxiii4 ,london ,sydney1 #ahhi4 ---- ,eaglehawk and ,crow4 ,london ,melbourne1 #ahii4 ,mathews 7,r4 ,h471 ,ethnological ,notes on the ,aboriginal ,tribes of ,n4,s4 ,wales and ,victoria4 ,sydney1 #aije4 ,matiegka 7,h471 ',anthropophagie in der prhistorischen ,ansiedlung bei ,knovize und in der prhistorischen ,zeit berhaupt'2 in ,mittheilungen der ,anthropologischen ,gesellschaft in ,wien1 vol4 xxvi4 ,wien1 #ahif4 ,matignon 7,j4-,j471 ',deux mots sur la pdrastie en ,chine'2 in ,archives d'anthropologie criminelle1 vol4 xiv4 ,paris1 #ahii4 ---- ',le suicide en ,chine'2 in ,archives d'anthropologie criminelle1 vol4 xii4 ,paris1 #ahig4 ,matthews 7,washington71 ,ethnography and ,philology of the ,hidatsa ,indians4 ,washington1 #ahgg4 ---- ,navaho ,legends4 7,memoirs of the ,american ,folk-,lore ,society1 vol4 v47 ,boston ,new ,york1 #ahig4 ---- ',the ,study of ,ethics among the ,lower ,races'2 in ,jour4 ,american ,folk-,lore1 vol4 xii4 ,boston ,new ,york1 #ahii4 ,maudsley 7,henry71 ,responsibility in ,mental ,disease4 ,london1 #ahib4 ,maurer 7,konrad71 ,die ,bekehrung des ,norwegischen ,stammes zum ,christenthume4 #b vols4 ,mnchen1 #ahef4 ,maury 7,l4 ,f4 ,a471 ,histoire des religions de la ,grce antique4 #c vols4 ,paris1 #aheg-ei4 ,mauss 7,m471 ',la religion et les origines du droit pnal'2 in ,revue de l'histoire des religions1 vols4 xxxiv4-xxxv4 ,paris1 #ahif-ig4 ,maximus ,tyrius1 ,dissertationes4 ,ed4 by ,f4 ,dbner4 ,parisiis1 #ahdj4 ,may 7,th4 ,erskine71 ,the ,constitutional ,history of ,england since the ,accession of ,george ,,iii4 #agfj-ahfj4 #b vols4 ,london1 #ahfc4 ,mayer 7,s471 ,die ,rechte der ,israeliten1 ,athener und ,rmer4 #b vols4 ,leipzig1 #ahfb-ff4 ,mayne 7,j4 ,d471 ,a ,treatise on ,hindu ,law and ,usage4 ,madras1 #ahhh4 ,mayne 7,r4 ,c471 ,four ,years in ,british ,columbia and ,vancouver ,island4 ,london1 #ahfb4 ,mazzarella 7,g471 ,la condizione giuridica del marito nella famiglia matriarcale4 ,catania1 #ahii4 ,meade 7,h471 ,a ,ride through the disturbed ,districts of ,new ,zealand4 ,london1 #ahgj4 ,meakin 7,budgett71 ,the ,moors4 ,london1 #aijb4 ,meares 7,john71 ,voyages made in the ,years #aghh and #aghi from ,china to the ,north-,west ,coast of ,america4 ,london1 #agij4 ,medhurst 7,w4 ,h471 ',marriage1 ,affinity1 and ,inheritance in ,china'2 in ,trans4 ,roy4 ,asiatic ,soc4 ,china ,branch1 vol4 iv4 ,hongkong1 #ahee4 ,medwin 7,thomas71 ,the ,angler in ,wales4 #b vols4 ,london1 #ahcd4 ',meghilla'2 in ,le ,talmud de ,jrusalem1 trans4 by ,m4 ,schwab1 vol4 vi4 ,paris1 #ahhc4 ,mehring 7,g4 von71 ,die ,frage von der ,todesstrafe4 ,stuttgart1 #ahfg4 ,meier 7,m4 ,h4 ,e47 and ,schmann 7,g4 ,f471 ,der attische ,process4 ,ed4 by ,j4 ,h4 ,lipsius4 ,berlin1 #ahhc-hg4 #hjd ,meiners 7,c471 ,allgemeine kritische ,geschichte der ,religioner4 #b vols4 ,hannover1 #ahjf-jg4 ---- ,grundriss der ,geschichte der ,menschheit4 ,lemgo1 #aghe4 ---- ,history of the ,female ,sex4 ,trans4 #d vols4 ,london1 #ahjh4 ---- ,vergleichung des ltern und neuern ,russlandes4 #b vols4 ,leipzig1 #agih4 ,meissner 7,b471 ,beitrge zum altbabylonischen ,privatrecht4 ,leipzig1 #ahic4 ,mela 7,pomponius71 ,de chorographia 7situ orbis7 libri tres4 ,ed4 by ,c4 ,frick4 ,lipsiae1 #ahhj4 ,mlusine4 ,revue de mythologie1 littrature populaire1 traditions et usages4 ,ed4 by ,h4 ,gaidoz4 ,paris4 ,melville 7,h471 ,typee4 ,london1 #ahib4 ,mmoires de l',institut ,royal de ,france1 ,acadmie des ,inscriptions et ,belles-,lettres4 ,paris4 ,memoirs of the ,american ,folk-,lore ,society4 ,boston ,new ,york4 ---- of the ,american ,museum of ,natural ,history4 ,new ,york4 ---- of the ,international ,congress of ,anthropology4 ,ed4 by ,c4 ,staniland ,wake4 ,chicago1 #ahid4 ,mnabra 7,lon71 ,de l'origine de la forme et de l'esprit des jugements rendus au moyen-ge contre les animaux4 ,chambry1 #ahdf4 ,mencius1 ',the ,works of'2 in ,legge4 ,the ,chinese ,classics1 vol4 ii4 ,oxford1 #ahie4 ,mendelsohn 7,s471 ,the ,criminal ,jurisprudence of the ,ancient ,hebrews4 ,baltimore1 #ahia4 ,menger 7,anton71 ,the ,right to the ,whole ,produce of ,labour4 ,trans4 ,london1 #ahii4 ,merker 7,m471 ,die ,masai4 ,berlin1 #aijd4 ,merolla da ,sorrento 7,j471 ',a ,voyage to ,congo4' ,trans42 in ,pinkerton1 ,collection of ,voyages and ,travels1 vol4 xvi4 ,london1 #ahad4 ,merzbacher 7,g471 ,aus den ,hochregionen des ,kaukasus4 #b vols4 ,leipzig1 #aija4 ,methodist ,magazine4 ,london4 ,methodist ,magazine4 ,new ,york4 ,methodius 7,saint71 ',opera omnia'2 in ,migne1 ,patrologi cursus1 ,ser4 ,graeca1 vol4 xviii4 ,parisiis1 #aheg4 ,metz 7,f471 ,the ,tribes inhabiting the ,neilgherry ,hills4 ,mangalore1 #ahfd4 ,meursius 7,j471 ',themis ,attica1 sive de legibus ,atticis'2 in ,gronovius1 ,thesaurus ,grcarum antiquitatum1 vol4 v4 ,lugduni ,batavorum1 #afii4 ,meyer 7,eduard71 ,geschichte des ,alterthums4 ,vol4 i4 ,stuttgart1 #ahhd4 ,meyer 7,h4 ,e4 ,a471 ',manners and ,customs of the ,aborigines of the ,encounter ,bay ,tribe'2 in ,woods1 ,native ,tribes of ,south ,australia4 ,adelaide1 #ahgi4 ,meyrick 7,f471 ,moral and ,devotional ,theology of the ,church of ,rome4 ,no4 ,i4 ,s4 ,alfonso de ,liguori's ,theory of ,truthfulness4 ,london1 #ahee4 ,michaelis 7,j4 ,d471 ,commentaries on the ,laws of ,moses4 ,trans4 #d vols4 ,london1 #ahad4 ,michelet 7,j471 ,origines du droit franais4 ,paris1 #aijj4 ,middleton 7,c471 ,a ,free ,inquiry into the ,miraculous ,powers1 ,which are supposed to have subsisted in the ,christian ,church4 ,london1 #agdi4 ,mielziner 7,m471 ,die ,verhltnisse der ,sklaven bei den alien ,hebrern4 ,kopenhagen1 #ahei4 ,migne 7,j4 ,p471 ,patrologi cursus completus4 #bba vols4 ,parisiis1 #ahdd-fd4 ---- ,patrologi cursus completus4 ,series ,grca4 #afb vols4 ,parisiis1 #aheg-ff4 ,miklosich 7,franz71 ',die ,blutrache bei den ,slaven'2 in ,denkschriften der kaiserlichen ,akademie der ,wissenschaften1 ,philosophisch-historische ,classe1 vol4 xxxvi4 ,wien1 #ahhh4 #hje ,miler 7,e471 ',die ,hauskommunion der ,sdslaven'2 in ,jahrbuch der internationalen ,vereinigung fr vergleichende ,rechtswissenschaft und ,volkswirtschaftslehre zu ,berlin1 vol4 iii4 ,berlin1 #ahig4 ,mill 7,james71 ,analysis of the ,phenomena of the ,human ,mind4 ,ed4 by ,j4 ,s4 ,mill4 #b vols4 ,london1 #ahfi4 ---- ,a ,fragment on ,mackintosh4 ,london1 #ahce4 ,mill 7,john ,stuart71 ,an ,examination of ,sir ,william ,hamilton's ,philosophy4 ,london1 #ahfe4 ---- ,principles of ,political ,economy4 #b vols4 ,london1 #ahfe4 ---- ,utilitarianism4 ,london1 #ahie4 ,millar 7,john71 ,the ,origin of the ,distribution of ,ranks4 ,edinburgh1 #ahjf4 ,millingen 7,j4 ,g471 ,the ,history of ,duelling4 #b vols4 ,london1 #ahda4 ,mills 7,charles71 ,the ,history of ,chivalry4 #b vols4 ,london1 #ahbf4 ,milman 7,h4 ,h471 ,history of ,latin ,christianity4 #i vols4 ,london1 #ahfg4 ,milton 7,j471 ,poetical ,works4 ,ed4 by ,d4 ,masson4 #c vols4 ,london1 #ahgd4 ,mind4 ,a ,quarterly ,review of ,psychology and ,philosophy4 ,london4 ,mindeleff 7,c471 ',navaho ,houses'2 in ,ann4 ,rep4 ,bur4 ,ethn4 vol4 xvii4 ,washington1 #ahih4 ,missions ,catholiques 7,les74 ,lyon4 ,missions-,blatt aus der ,brdergemeine4 ,hamburg4 ,mitchell 7,t4 ,l471 ,three ,expeditions into the ,interior of ,eastern ,australia4 #b vols4 ,london1 #ahci4 ,mitford 7,a4 ,b471 ,tales of ,old ,japan4 #b vols4 ,london1 #ahga4 ,mittermaier 7,c4 ,j4 ,a4 von71 ',beytrge zur ,lehre vom ,verbrechen des ,kindesmordes'2 in ,neues ,archiv des ,criminalrechts1 vol4 vii4 ,halle1 #ahbd-be4 ---- ,grundstze des gemeinen deutschen ,privatrechts4 #b vols4 ,regensburg1 #ahdg4 ---- ,on the ,effect of ,drunkenness on ,criminal ,responsibility4 ,trans4 ,edinburgh1 #ahda4 ---- ,die ,todesstrafe4 ,heidelberg1 #ahfb4 ,mittheilungen der ,anthropologischen ,gesellschaft in ,wien4 ---- der ,geographischen ,gesellschaft 7fr ,thringen7 zu ,jena4 ---- der ,geographischen ,gesellschaft in ,hamburg4 ---- der kais4 und knig4 ,geographischen ,gesellschaft in ,wien4 ---- des ,vereins fr ,erdkunde zu ,halle a4 ,s4 ---- des ,vereins fr ,erdkunde zu ,leipzig4 ,mockler-,ferryman 7,a4 ,f471 ,british ,nigeria4 ,london1 #aijb4 ,modigliani 7,elio71 ,un viaggio a ,nas4 ,milano1 #ahij4 ,mkern 7,ph4 von71 ,ostindien4 #b vols4 ,leipzig1 #aheg4 ,mller 7,p471 ,pagels 7,g471 and ,gleerup 7,e471 ,tre r i ,kongo4 #b vols4 ,stockholm1 #ahhg-hh4 ,moerenhout 7,j4 ,a471 ,voyages aux les du ,grand ,ocan4 #b vols4 ,paris1 #ahcg4 ,moffat 7,robert71 ,missionary ,labours and ,scenes in ,southern ,africa4 ,london1 #ahdb4 ---- ,the same work4 ,london1 #ahdf4 ,molina 7,christoval de71 ',the ,fables and ,rites of the ,yncas'2 in ,narratives of the ,rites and ,laws of the ,incas4 ,trans4 and ed4 by ,c4 ,r4 ,markham4 ,london1 #ahgc4 ,molina 7,j4 ,j471 ,the ,geographical1 ,natural1 and ,civil ,history of ,chili4 ,trans4 #b vols4 ,london1 #ahji4 #hjf ,moll 7,albert71 ,die ,contrre ,sexualempfindung4 ,berlin1 #ahia4 ,mommsen 7,theodor71 ,history of ,rome4 ,trans4 #e vols4 ,london1 #ahid4 ---- ,rmisches ,strafrecht4 ,leipzig1 #ahii4 ,monier-,williams 7,monier71 ,brahmanism and ,hinduism4 ,london1 #ahhg4 ---- ,buddhism4 ,london1 #ahij4 ---- ,hinduism4 ,london1 s4d4 ---- ,indian ,wisdom4 ,london1 #ahic4 ,monrad 7,h4 ,c471 ,bidrag til en ,skildring af ,guinea-,kysten og dens ,indbyggere4 ,kjbenhavn1 #ahbb4 ,montaigne 7,m4 de71 ,,oeuvres4 ,ed4 by ,j4 ,a4 ,c4 ,buchon4 ,paris1 #ahcg4 ,montefiore 7,c4 ,g471 ,hibbert ,lectures on 4 4 4 the ,religion of the ,ancient ,hebrews4 ,london1 #ahib4 ,montesquieu 7,c4 de ,secondat de71 ,,oeuvres4 ,paris1 #ahcg4 ,montgomery 7,james71 ,journal of ,voyages and ,travels by ,d4 ,tyerman and ,g4 ,bennet4 #b vols4 ,london1 #ahca4 ,month and ,catholic ,review 7,the74 ,london4 ,mooney 7,james71 ',myths of the ,cherokee'2 in ,ann4 ,rep4 ,bur4 ,ethn4 vol4 xix4 pt4 i4 ,washington1 #aijj4 ,moorcroft 7,william7 and ,trebeck 7,george71 ,travels in the ,himalayan ,provinces of ,hindustan and the ,panjab4 ,ed4 by ,h4 ,h4 ,wilson4 #b vols4 ,london1 #ahda4 ,moore 7,charles71 ,a ,full ,inquiry into the ,subject of ,suicide1 c4 #b vols4 ,london1 #agij4 ,moore 7,samuel71 ,the ,public ,acts in force2 passed by the ,legislature of ,barbados1 #agfb-ahjj4 ,london1 #ahja4 ,moore 7,theofilus71 ,marriage ,customs1 c4 of the ,various ,nations of the ,universe4 ,london1 #ahad4 ,more 7,sir ,thomas71 ,utopia4 ,trans4 ed4 by ,e4 ,arber4 ,london1 #ahfi4 ,morehead 7,c4 ,s47 and ,brown 7,mason71 ,a ,digest of the ,statute ,laws of ,kentucky4 #b vols4 ,frankfort 7,ky471 #ahcd4 ,morgan 7,c4 ,lloyd71 ,animal ,life and ,intelligence4 ,london1 #ahij-ia4 ,morgan 7,l4 ,h471 ,houses and ,house-,life of the ,american ,aborigines4 ,washington1 #ahha4 ---- ,league of the ,ho-de'-no-sau-nee1 or ,iroquois4 ,rochester1 #ahea4 ,morley 7,john71 ,voltaire4 ,london1 #ahhf4 ,morrison 7,w4 ,d471 ,crime and its ,causes4 ,london1 #ahia4 ,morselli 7,e471 ,il suicidio4 ,milano1 #ahgi4 ,mort de ,garin le ,loherain 7,la74 ,ed4 by 4 du ,mril4 ,paris1 #ahdf4 ,morte ,darthur4 ,london1 #ahfh4 ,moschus 7,joannes71 ',pratum spirituale'2 in ,migne1 ,patrologi cursus1 ,ser4 ,graeca1 vol4 lxxxvii4 ,parisiis1 #ahfj4 ,moseley 7,h4 ,n471 ,notes by a ,naturalist on the ,challenger4 ,london1 #ahgi4 ---- ',on the ,inhabitants of the ,admiralty ,islands1 c4'2 in ,jour4 ,anthr4 ,inst4 vol4 vi4 ,london1 #ahgg4 ,mosheim 7,j4 ,l4 von71 ,institutes of ,ecclesiastical ,history4 #c vols4 ,london4 #ahfc4 ,mouhot 7,h471 ,travels in the ,central ,parts of ,indo-,china1 c4 #b vols4 ,london1 #ahfd4 ,mozley 7,j4 ,b471 ,sermons preached before the ,university of ,oxford4 ,london1 #ahhc4 ,mller 7,c4 ,o471 ,dissertations on the ,eumenides of schylus4 ,trans4 ,london ,cambridge1 #ahec4 #hjg ,mller 7,c4 ,o471 ,the ,history and ,antiquities of the ,doric ,race4 ,trans4 #b vols4 ,london1 #ahcj4 ,mller 7,friedrich71 ,allgemeine ,ethnographie4 ,wien1 #ahgi4 ---- ,reise der sterreichischen ,fregatte ,novara um die ,erde4 ,ethnographie4 ,wien1 #ahfh4 ,mller 7,friedrich ,max71 ,anthropological ,religion4 ,london1 #ahib4 ---- ,physical ,religion4 ,london1 #ahia4 ,mller 7,j4 ,g471 ,geschichte der ,amerikanischen ,urreligionen4 ,basel1 #ahfg4 ,mller 7,josef71 ,das sexuelle ,leben der alten ,kulturvlker4 ,leipzig1 #aijb4 ---- ,das sexuelle ,leben der christlichen ,kulturvlker4 ,leipzig1 #aijd4 ,mller 7,w4 ,j471 ,die ,africanische1 ,auff der ,guineischen ,gold-,cust gelegene ,landschafft ,fetu4 ,hamburg1 #afgc4 ,mrdter 7,f471 ,geschichte ,babyloniens und ,assyriens4 ,ed4 by ,f4 ,delitzsch4 ,calw ,stuttgart1 #ahia4 ,muir 7,john71 ,additional ,moral and ,religious ,passages metrically rendered from the ,sanskrit4 ,london1 #ahge4 ---- ,original ,sanskrit ,texts4 #e vols4 ,london1 #ahfh-hd4 ---- ,religious and ,moral ,sentiments metrically rendered from ,sanskrit ,writers4 ,london1 #ahge4 ,muir 7,william71 ,the ,life of ,mahomet4 #d vols4 ,london1 #aheh-fa4 ,muirhead 7,j4 ,h471 ,the ,elements of ,ethics4 ,london1 #ahig4 ,munzinger 7,w471 ,ostafrikanische ,studien4 ,schaffhausen1 #ahfd4 ---- ,ueber die ,sitten und das ,recht der ,bogos4 ,winterthur1 #ahei4 ,muratori 7,l4 ,a471 ,dissertazioni sopra le antichit ,italiane4 #e vols4 ,milano1 #ahcf-cg4 ---- ,rerum ,italicarum scriptores4 #be vols4 ,mediolani1 #agbc-ea4 ,murdoch 7,john71 ',ethnological ,results of the ,point ,barrow ,expedition'2 in ,ann4 ,rep4 ,bur4 ,ethn4 vol4 ix4 ,washington1 #ahib4 ,murray 7,a4 ,w471 ,forty ,years' ,mission ,work in ,polynesia and ,new ,guinea4 ,london1 #ahgf4 ,murray 7,j4 ,a4 ,h471 ,a ,new ,english ,dictionary4 ,oxford1 #ahhd1 c4 ,in progress4 ,murray 7,j4 ,clark71 ,an ,introduction to ,ethics4 ,london1 #ahia4 ,musters 7,g4 ,c471 ,at ,home with the ,patagonians4 ,london1 #ahgc4 ,nachtigal 7,g471 ,sahara und ,sudan4 #c vols4 ,berlin1 #ahgi-hi4 ,nadaillac 7,marquis de71 ',l'anthropophagie et les sacrifices humains'2 in ,revue des ,deux ,mondes1 vol4 lxvi4 ,paris1 #ahhd4 ,ngelsbach 7,c4 ,f4 von71 ,homerische ,theologie4 ,ed4 by ,g4 ,autenrieth4 ,nrnberg1 #ahhd4 ---- ,die nachhomerische ,theologie des griechischen ,volksglaubens bis auf ,alexander4 ,nrnberg1 #aheg4 ,nansen 7,f471 ,eskimo ,life4 ,trans4 ,london1 #ahic4 ---- ,the ,first ,crossing of ,greenland4 ,trans4 #b vols4 ,london1 #ahij4 ',nrada1' trans4 by ,j4 ,jolly2 in ,the ,sacred ,books of the ,east1 vol4 xxxiii4 ,oxford1 #ahhi4 ,narrative of the ,chinese ,embassy to the ,khan of the ,tourgouth ,tartars4 ,trans4 from the ,chinese by ,sir ,g4 ,t4 ,staunton4 ,london1 #ahba4 ,narratives of the ,rites and ,laws of the ,yncas4 ,trans4 and ed4 by ,c4 ,r4 ,markham4 ,london1 #ahgc4 ,nassau 7,r4 ,h471 ,fetichism in ,west ,africa4 ,london1 #aijd4 ,nation 7,the72 a ,weekly ,journal4 ,new ,york4 #hjh',national ,personality'2 in ,the ,edinburgh ,review1 vol4 cxciv4 ,london1 #aija4 ',nationality'2 in ,the ,home and ,foreign ,review1 vol4 i4 ,london1 #ahfb4 ,natorp 7,paul71 ,die ,ethika des ,demokritos4 ,marburg1 #ahic4 ',naturalization ,act1 #ahgj 7,the7'2 in ,chitty1 ,statutes of ,practical ,utility1 vol4 i4 ,london1 #ahid4 ,nature2 a ,weekly ,illustrated ,journal of ,science4 ,london4 ,naudet 7--71 ',des secours publics chez les ,romains'2 in ,mmoires de l',institut ,royal de ,france1 ,acadmie des ,inscriptions et ,belles-,lettres1 vol4 xiii4 ,paris1 #ahch4 ,navarette 7,d4 ,f471 ',an ,account of the ,empire of ,china4' ,trans42 in ,awnsham and ,churchill1 ,collection of ,voyages and ,travels1 vol4 i4 ,london1 #agjd4 ,neale 7,e4 ,v471 ,feasts and ,fasts4 ,london1 #ahde4 ,neander 7,joseph71 ,general ,history of the ,christian ,religion and ,church4 ,trans4 #i vols4 ,edinburgh1 #ahdg-ee4 ,nelson 7,e4 ,w471 ',the ,eskimo about ,bering ,strait'2 in ,ann4 ,rep4 ,bur4 ,ethn4 ,washington1 #ahii4 ,nelson 7,j4 ,h471 ,a ,view of the ,hindu ,law4 ,madras1 c41 #ahgg4 ,nennius1 ,the ,irish ,version of the ,historia ,britonum of4 ,ed4 and trans4 by ,j4 ,h4 ,todd4 ,dublin1 #ahdh4 ,nepos 7,cornelius71 ,vit excellentium imperatorum4 #b vols4 ,londini1 #ahbb4 ,neubauer 7,a471 ',notes on the ,race-,types of the ,jews'2 in ,jour4 ,anthr4 ,inst4 vol4 xv4 ,london1 #ahhf4 ,neues ,archiv des ,criminalrechts4 ,halle4 ,neumann 7,k4 ,f471 ,die ,vlker des sdlichen ,russlands4 ,leipzig1 #ahdg4 ,nevill 7,hugh71 ',vaeddas of ,ceylon'2 in ,the ,taprobanian1 vols4 i4-ii4 ,bombay1 #ahhg-hh4 ,new 7,charles71 ,life1 ,wanderings1 c4 in ,eastern ,africa4 ,london1 #ahgd4 ,new ,englander 7,the74 ,new ,haven4 ,newbold 7,t4 ,j471 ,political and ,statistical ,account of the ,british ,settlements in the ,straits of ,malacca4 #b vols4 ,london1 #ahci4 ,newman 7,f4 ,w471 ,anglo-,saxon ,abolition of ,negro ,slavery4 ,london1 #ahhi4 ,newman 7,j4 ,h471 ,apologia pro vita sua4 ,london1 #ahgc4 ,nicolaus ,i4 7,pope71 ',epistolae et decreta'2 in ,migne1 ,patrologi cursus1 vol4 cxix4 ,parisiis1 #aheb4 ,nieboer 7,h4 ,j471 ,slavery as an ,industrial ,system4 ,the ,hague1 #aijj4 ,niebuhr 7,c471 ,travels through ,arabia4 ,trans4 #b vols4 ,edinburgh1 #agib4 ,nielsen 7,f471 ,tertullians ,ethik4 ,kjbenhavn1 #ahgi4 ,nietzsche 7,f471 ,also sprach ,zarathustra4 #d vols4 ,chemnitz ,leipzig1 #ahhc-ia4 ,nisbet 7,hume71 ,a ,colonial ,tramp4 #b vols4 ,london1 #ahia4 ,njla4 ,ed4 by ,det ,kongelige ,nordiske ,oldskrift-,selskab4 #b vols4 ,kbenhavn1 #ahge-hi4 ,nonius ,marcellus1 ,de proprietate sermonis4 ,lipsiae1 #ahbf4 ,noodt 7,g471 ,opera omnia4 #b vols4 ,lugduni ,batavorum1 #agfg4 ,nordenskild 7,a4 ,e471 ,den andra ,dicksonska expeditionen till ,grnland4 ,stockholm1 #ahhe4 ---- ,vegas frd kring ,asien och ,europa4 #b vols4 ,stockholm1 #ahhj-ha4 ,nordstrm 7,j4 ,j471 ,bidrag till den svenska samhlls-frfattningens historia4 #b vols4 ,helsingfors1 #ahci-dj4 ,noreen 7,ad471 ,spridda studier4 ,andra samlingen4 ,stockholm1 #aijc4 #hji ,norman 7,henry71 ,the ,real ,japan4 ,london1 #ahib4 ,north ,indian ,notes and ,queries3 a ,monthly ,periodical4 ,ed4 by ,w4 ,crooke4 ,allahabad4 ,norton 7,a471 ,tracts concerning ,christianity4 ,cambridge1 #aheb4 ,nowack 7,wilhelm71 ,lehrbuch der hebrischen ,archologie4 #b vols4 ,freiburg i4 ,b4 ,leipzig1 #ahid4 ,numa ,praetorius1 ',die strafrechtlichen ,bestimmungen gegen den gleichgeschlechtlichen ,verkehr'2 in ,jahrbuch fr sexuelle ,zwischenstufen1 vol4 i4 ,leipzig1 #ahii4 ,nuez ,cabeza de ,vaca 7,alvar71 ',naufragios y relacion de la jornada que hizo a la ,florida'2 in ,biblioteca de autores espaoles1 vol4 xxii4 ,madrid1 #aheb4 ,nyrop 7,k471 ',navnets magt'2 in ,mindre ,afhandlinger udgivne af del ,philologisk-historiske ,samfund4 ,kjbenhavn1 #ahhg4 ---- ,romanske ,mosaiker4 ,kjbenhavn1 #ahhe4 ,nys 7,ernest71 ,le droit de la guerre et les prcurseurs de ,grotius4 ,bruxelles ,leipzig1 #ahhb4 ---- ,le droit international4 #b vols4 ,bruxelles ,paris1 #aijd-je4 ,oberlnder 7,r471 ',die ,eingeborenen der australischen ,kolonie ,victoria'2 in ,globus1 vol4 iv4 ,hildburghausen1 #ahfc4 ,oehler 7,g4 ,f471 ,theology of the ,old ,testament4 ,vol4 i4 ,trans4 ,edinburgh1 #ahgd4 ,oldenberg 7,h471 ,buddha4 ,trans4 ,london1 #ahhb4 ---- ,die ,religion des ,veda4 ,berlin1 #ahid4 ,oldfield 7,a471 ',on the ,aborigines of ,australia'2 in ,trans4 ,ethn4 ,soc4 new ser4 vol4 iii4 ,london1 #ahfe4 ,olivecrona 7,k471 ,om ddsstraffet4 ,upsala1 #ahff4 ,olmsted 7,f4 ,a471 ,incidents of a ,whaling ,voyage4 ,new ,york1 #ahda4 ,open ,court 7,the74 ,chicago4 ,oppert 7,j471 ',la condition des esclaves ,babylone'2 in ,acadmie des ,inscriptions et ,belles-,lettres--,comptes rendus des sances de l'anne #ahhh1 ser4 iv4 vol4 xvi4 ,paris4 ---- and ,mnant 7,j471 ,documents juridiques de l',assyrie et de la ,chalde4 ,paris1 #ahgg4 ,origen1 ,opera omnia4 #g vols4 7,migne1 ,patrologi cursus1 ,ser4 ,graeca1 vols4 xi4-xvii47 ,parisiis1 #aheg-fj4 ,original-,mittheilungen aus der ethnologischen ,abtheilung der kniglichen ,museen zu ,berlin4 ,berlin4 ,orosius 7,p471 ',historiarum libri septem'2 in ,migne1 ,patrologi cursus1 vol4 xxxi4 ,parisiis1 #ahdf4 ,orpen 7,j4 ,m471 ',a ,glimpse into the ,mythology of the ,maluti ,bushmen'2 in ,the ,cape ,monthly ,magazine1 new ser4 vol4 ix4 ,cape ,town1 #ahgd4 ,ortolan 7,j471 lments de droit pnal4 ,paris1 #ahei4 ,osenbrggen 7,e471 ,das ,alamannische ,strafrecht4 ,schaffhausen1 #ahfj4 ---- ,studien zur deutschen und schweizerischen ,rechtsgeschichte4 ,schaffhausen1 #ahfh4 ,ostfriesische ,land-,recht 7,das74 ,aurich1 #agdf4 ,ottoman ,penal ,code 7,the74 ,trans4 by ,c4 ,g4 ,walpole4 ,london1 #ahhh4 ,ovidius ,naso 7,p471 ,opera omnia4 #i vols4 ,londini1 #ahba4 ,oviedo y ,valds 7,g4 ,hernandez de71 ',summario de la natural historia de las ,indias'2 in ,biblioteca de autores espaoles1 vol4 xxii4 ,madrid1 #aheb4 #haj ,paget 7,john71 ,hungary and ,transylvania4 #b vols4 ,london1 #ahci4 ,paley 7,w471 ,complete ,works4 #d vols4 ,london1 #ahbe4 ,palgrave 7,w4 ,g471 ,narrative of a ,year's ,journey through ,central and ,eastern ,arabia4 #b vols4 ,london ,cambridge1 #ahfe4 ,palissot de ,montenoy 7,charles71 ,les philosophes4 ,paris1 #agfj4 ,pallas 7,p4 ,s471 ,travels through the ,southern ,provinces of the ,russian ,empire4 ,trans4 #b vols4 ,london1 #ahjb-jc4 ,palmer 7,edward71 ',notes on some ,australian ,tribes'2 in ,jour4 ,anthr4 ,inst4 vol4 xiii4 ,london1 #ahhd4 ,panchatantram4 ,with an ,english translation and a ,glossary4 #e pts4 ,madras1 #ahia-ic4 ---- ,see ,pantschatantra4 ,panjab ,notes and ,queries1 a ,monthly ,periodical4 ,ed4 by ,r4 ,c4 ,temple4 ,allahabad4 ,pantschatantra4 ,trans4 into ,german by ,th4 ,benfey4 #b vols4 ,leipzig1 #ahei4 ,paramo 7,l4 de71 ,de origine et progressu ,sanct ,inquisitionis4 ,matriti1 #aeih4 ,pardessus 7,j4 ,m471 ,collection de lois maritimes antrieures au ,,xviiie sicle4 #f vols4 ,paris1 #ahbh-de4 ---- ,loi ,salique4 ,paris1 #ahdc4 ---- ,us et coutumes de la mer4 #b vols4 ,paris1 #ahdg4 ,paris 7,gaston71 ,la posie du moyen ge4 ,paris1 #ahhe4 ,park 7,mungo71 ,travels in the ,interior ,districts of ,africa4 #b vols4 ,london1 #ahaf-ag4 ---- ,the same work4 ,edinburgh1 #ahfj4 ,parker 7,e4 ,h471 ',comparative ,chinese ,family ,law'2 in ,the ,china ,review1 vol4 viii4 ,hongkong1 #ahgi-hj4 ,parker 7,e4 ,s471 ,the ,aborigines of ,australia4 ,melbourne1 #ahed4 ,parker 7,mrs4 ,k4 ,langloh71 ,the ,euahlayi ,tribe4 ,london1 #aije4 ,parker 7,theodore71 ,the ,collected ,works of4 ,ed4 by ,f4 ,p4 ,cobbe4 #ad vols4 ,london1 #ahfc-ga4 ---- ,a ,sermon of ,war4 ,boston1 #ahdf4 ,parkinson 7,john71 ',notes on the ,asaba ,people'2 in ,jour4 ,anthr4 ,inst4 vol4 xxxvi4 ,london1 #aijf4 ,parkinson 7,r471 ,zur ,ethnographie der nordwestlichen ,salomo ,inseln4 ,berlin1 #ahii4 ,parkman 7,francis71 ,the ,jesuits in ,north ,america in the ,seventeenth ,century4 ,london1 #ahhe4 ,parkyns 7,m471 ,life in ,abyssinia4 #b vols4 ,london1 #ahec4 ,parliamentary ,history and ,review2 containing ,reports of the ,proceedings of the ,two ,houses of ,parliament during the ,session of #ahbe-bf4 ,london1 #ahbf4 ,parry 7,w4 ,e471 ,journal of a ,second ,voyage for the ,discovery of a ,north-,west ,passage from the ,atlantic to the ,pacific4 ,london1 #ahbd4 ,partridge 7,charles71 ,cross ,river ,natives4 ,london1 #aije4 ,patetta 7,f471 ,le ordalie4 ,torino1 #ahij4 ,paul 7,hermann71 ,grundriss der germanischen ,philologie4 ,ed4 by ,h4 ,p4 #b vols4 ,strassburg1 #ahhi-ic4 ---- ,the same work4 #c vols4 ,strassburg1 #ahif-aijj4 ,paulhan 7,f471 ,l'activit mentale et les lments de l'esprit4 ,paris1 #ahhi4 ,paulitschke 7,ph471 ,ethnographie ,nordost-,afrikas4 #b vols4 ,berlin1 #ahic-if4 ,paulsen 7,f471 ,system der ,ethik4 #b vols4 ,berlin1 #ahid4 #haa ,pauly 7,a4 ,f4 von71 ,real-,encyclopdie der classischen ,alterthumswissenschaft4 #f vols4 ,stuttgart1 #ahdb-fb4 ,pausanias1 ,descriptio ,grci4 ,ed4 by ,l4 ,dindorfius4 ,parisiis1 #ahde4 ---- ,see ,frazer 7,sir ,j4 ,g474 ,payne 7,e4 ,j471 ,history of the ,new ,world called ,america4 #b vols4 ,oxford1 #ahib-ii4 ,peacock 7,mabel71 ',executed ,criminals and ,folk-,medicine'2 in ,folk-,lore1 vol4 vii4 ,london1 #ahif4 ,pearson 7,charles ,h471 ,national ,life and ,character4 ,london1 #ahic4 ,peirce 7,l471 ,taylor 7,m471 and ,king 7,w4 ,w471 ,the ,consolidation and ,revision of the ,statutes of the ,state ,louisiana4 ,new ,orleans1 #aheb4 ,peltzer 7,a471 ,deutsche ,mystik und deutsche ,kunst4 ,strassburg1 #ahii4 ,penny 7,alfred71 ,ten ,years in ,melanesia4 ,london1 #ahhg4 ,percival 7,peter71 ,the ,land of the ,veda4 ,london1 #ahed4 ,percival 7,robert71 ,an ,account of the ,island of ,ceylon4 ,london1 #ahjc4 ,perelaer 7,m4 ,t4 ,h471 ,ethnographische beschrijving der ,dajaks4 ,zalt-,bommel1 #ahgj4 ,perez 7,bernard71 ,the ,first ,three ,years of ,childhood4 ,trans4 ,london1 #ahib4 ,perham 7,j471 ',petara'2 in ,jour4 ,straits ,branch ,roy4 ,asiatic ,soc4 no4 #h4 ,singapore1 #ahhb4 ---- ',sea ,dyak ,religion'2 in ,jour4 ,straits ,branch ,roy4 ,asiatic ,soc4 no4 #aj4 ,singapore1 #ahhc4 ,perrin du ,lac 7,f4 ,m471 ,voyage dans les deux ,louisianes et chez les nations sauvages du ,missouri4 ,paris1 #ahje4 ,perrot 7,nicholas71 ,memoire sur les moeurs1 coustumes et relligion des sauvages de l',amerique septentrionale4 ,ed4 by ,r4 ,p4 ,j4 ,tailhan4 ,leipzig ,paris1 #ahfd4 ,perry 7,g4 ,g471 ,a ,history of the ,english ,church4 ,first ,period4 ,london1 #ahha4 ,pertile 7,antonio71 ',gli animali in giudizio'2 in ,atti del ,reale ,istituto ,veneto di scienze1 lettere ed arti1 ser4 vi4 vol4 iv4 ,venezia1 #ahhd-he4 ,pertuiset 7,e471 ,le trsor des ,incas la ,terre de ,feu4 ,paris1 #ahgg4 ,perty 7,max471 ,ueber das ,seelenleben der ,thiere4 ,leipzig ,heidelberg1 #ahgf4 ,pertz 7,g4 ,h471 ,monumenta ,germani historica4 ,leges4 #e vols4 ,hannoverae1 #ahcg-ge4 ,peschel 7,o471 ,the ,races of ,man4 ,trans4 ,london1 #ahgf4 ,petherick 7,john71 ,egypt1 the ,soudan and ,central ,africa4 ,edinburgh ,london1 #ahfa4 ---- and ,petherick 7,mrs471 ,travels in ,central ,africa1 and ,explorations of the ,western ,nile ,tributaries4 #b vols4 ,london1 #ahfi4 ,petitot 7,c4 ,b471 ,collection complte des ,mmoires relatifs l'histoire de ,france4 #acj vols4 ,paris1 #ahai-bi4 ,petitot 7471 ,les ,grands ,esquimaux4 ,paris1 #ahhg4 ,petrie 7,w4 ,m4 ,flinders71 ,religion and ,conscience in ,ancient ,egypt4 ,london1 #ahih4 ,petroff 7,ivan71 ',report on the ,population1 ,industries1 and ,resources of ,alaska'2 in ,tenth ,census of the ,united ,states4 ,washington1 #ahhd4 ,pfeiffer 7,ida71 ,a ,lady's ,second ,journey round the ,world4 ,trans4 #b vols4 ,london1 #ahee4 ,pfleiderer 7,otto71 ,philosophy and ,development of ,religion4 ,trans4 #b vols4 ,edinburgh ,london1 #ahid4 ,philip 7,robert71 ,the ,life and ,opinions of the ,rev4 ,william ,milne4 ,london1 #ahdj4 #hab ,philo ,judaeus1 ,opera4 ,ed4 by ,th4 ,mangey4 #b vols4 ,london1 #agdb4 ,piedrahita 7,l4 ,fernandez de71 ,historia general de las conquistas del nuevo reyno de ,granada4 ,amberes1 #afhh4 ,pierotti 7,ermete71 ,customs and ,traditions of ,palestine4 ,trans4 ,cambridge1 #ahfd4 ,pike 7,l4 ,owen71 ,a ,history of ,crime in ,england4 #b vols4 ,london1 #ahgc-gf4 ,pindar1 ,carmina4 ,ed4 by ,c4 ,i4 ,t4 ,mommsen4 ,berolini1 #ahfd4 ,pinel 7,ph471 ,trait mdico-philosophique sur l'alination mentale4 ,paris1 #ahji4 ,pinkerton 7,john71 ,a ,general ,collection of ,voyages and ,travels4 #ag vols4 ,london1 #ahjh-ad4 ,pitcairn 7,robert71 ,criminal ,trials in ,scotland4 #c vols4 ,edinburgh1 #ahch4 ,pitcairn 7,w4 ,d471 ,two ,years among the ,savages of ,new ,guinea4 ,london1 #ahia4 ,placucci 7,m471 ,usi e pregiudizj dei contadini della ,romagna4 ,ed4 by ,g4 ,pitr4 ,palermo1 #ahhe4 ,plato1 ,dialogues4 ,trans4 by ,b4 ,jowett4 #e vols4 ,oxford1 #ahib4 ---- ,opera4 #c vols4 ,parisiis1 #ahdf-gc4 ,plautus 7,t4 ,m471 ,comoedi4 #e vols4 ,londini1 #ahbi4 ,pliny1 the ,elder1 ,historia naturalis4 #ac vols4 ,londini1 #ahbf4 ,pliny1 the ,younger1 ,epistolarum libri decem4 ,ed4 by ,n4 ,e4 ,lemaire4 #b vols4 ,parisiis1 #ahbb-bc4 ,ploss 7,h4 ,h471 ,das ,kind im ,brauch und ,sitte der ,vlker4 #b vols4 ,stuttgart1 #ahgf4 ---- ,das ,weib in der ,natur- und ,vlkerkunde4 ,ed4 by ,m4 ,bartels4 #b vols4 ,leipzig1 #aijb4 ,plowden 7,e471 ,the ,commentaries or ,reports of4 ,trans4 #b parts4 ,savoy 7,london71 #affa4 ,plutarch1 ,romane ,questions4 ,trans4 ed4 by ,f4 ,b4 ,jevons4 ,london1 #ahib4 ---- ,scripta moralia4 #b vols4 ,parisiis1 #ahci-da4 ---- ,vit4 ,ed4 by ,th4 ,doehner4 #b vols4 ,parisiis1 #ahdf-dg4 ,pogge 7,paul71 ,im ,reiche des ,muata ,jamwo4 ,berlin1 #ahhj4 ,poircy 7,l4 de71 ,histoire naturelle et morale des ,iles ,antilles de l',amerique4 ,ed4 by ,c4 de ,rochefort4 ,rotterdam1 #afha4 ,polack 7,j4 ,s471 ,manners and ,customs of the ,new ,zealanders4 #b vols4 ,london1 #ahdj4 ,polak 7,j4 ,e471 ,persien4 #b vols4 ,leipzig1 #ahfe4 ---- ',die ,prostitution in ,persien'2 in ,wiener ,medizinische ,wochenschrift1 vol4 xi4 ,wien1 #ahfa4 ,pollock 7,sir ,frederick71 ,essays on ,jurisprudence and ,ethics4 ,london1 #ahhb4 ---- ',the ,king's ,peace'2 in ,the ,law ,quarterly ,review1 vol4 i4 ,london #ahhe4 ---- ,the ,law of ,torts4 ,london1 #ahig4 ---- ,oxford ,lectures4 ,london1 #ahij4 ---- and ,maitland 7,f4 ,w471 ,the ,history of the ,english ,law before the ,time of ,edward ,i4 #b vols4 ,cambridge1 #ahih4 ,pollux 7,julius71 ,onomasticum4 #b vols4 ,amsteldami1 #agjf4 ,polo 7,marco71 ,the ,book of1 concerning the ,kingdoms and ,marvels of the ,east4 ,trans4 ed4 by ,h4 ,yule4 #b vols4 ,london1 #ahga4 ,polybius1 ,historiarum reliqui4 #b vols4 ,parisiis1 #ahci4 ,pommerol 7,jean71 ,among the ,women of the ,sahara4 ,trans4 ,london1 #aijj4 ,pool 7,j4 ,j471 ,studies in ,mohammedanism4 ,westminster1 #ahib4 #hac ,poole 7,r4 ,lane71 ,illustrations of the ,history of ,medieval ,thought in the ,departments of ,theology and ,ecclesiastical ,politics4 ,london1 #ahhd4 ,poole 7,s4 ,lane74 ,see ,lane-,poole 7,s474 ,popovivc 7,georg71 ,recht und ,gericht in ,montenegro4 ,agram1 #ahgg4 ,popular ,science ,monthly 7,the74 ,new ,york4 ,porphyry1 ,de abstinentia ab esu animalium4 ,ed4 by ,r4 ,hercher4 ,parisiis1 #aheh4 ,porter 7,g4 ,r471 ,the ,progress of the ,nation from the ,beginning of the ,nineteenth ,century to the ,present ,time4 ,london1 #ahdc4 ,post 7,a4 ,h471 ,afrikanische ,jurisprudenz4 #b vols4 ,oldenburg ,leipzig1 #ahhg4 ---- ,die ,anfange des ,staats- und ,rechtslebens4 ,oldenburg1 #ahgh4 ---- ,die ,geschlechtsgenossenschaft der ,urzeit und die ,entstehung der ,ehe4 ,oldenburg1 #ahge4 ---- ,die ,grundlagen des ,rechts4 ,oldenburg1 #ahhd4 ---- ,grundriss der ethnologischen ,jurisprudenz4 #b vols4 ,oldenburg ,leipzig1 #ahid-ie4 ---- ,studien zur ,entwicklungsgeschichte des ,familienrechts4 ,oldenburg ,leipzig2 #ahij4 ,potgiesser 7,j471 ,commentariorum juris ,germanici de statu servorum veteri perinde atque novo libri quinque4 ,lemgoviae1 #agcf4 ,potter 7,john71 ,archologia ,grca4 #b vols4 ,edinburgh1 #ahcb4 ,powell 7,j4 ,w471 ',outlines of ,sociology'2 in ,the ,saturday ,lectures delivered in the ,lecture-,room of the ,u4,s4 ,national ,museum4 ,washington1 #ahhb4 ---- ',sociology'2 in ,the ,american ,anthropologist1 new ser4 vol4 i4 ,new ,york1 #ahii4 ---- ',wyandot ,government'2 in ,ann4 ,rep4 ,bur4 ,ethn4 vol4 i4 ,washington1 #ahha4 ,powell 7,wilfred71 ,wanderings in a ,wild ,country2 or1 ,three ,years amongst the ,cannibals of ,new ,britain4 ,london1 #ahhc4 ,powers 7,stephan71 ,tribes of ,california4 ,washington1 #ahgg4 ,prain 7,david71 ',the ,angami ,nagas'2 in ,revue coloniale internationale1 vol4 v4 ,amsterdam1 #ahhg4 ,prejevalsky 7,n471 ,mongolia4 ,trans4 #b vols4 ,london1 #ahgf4 ,preller 7,l471 ,griechische ,mythologie4 ,vol4 i4 ,ed4 by ,carl ,robert4 ,berlin1 #ahid4 ,prem ,sgar2 or1 the ,ocean of ,love4 ,trans4 by ,e4 ,b4 ,eastwick4 ,hertford ,london1 #ahea4 ,prentiss 7,g4 ,l471 ',infant ,salvation and its ,theological ,bearings'2 in ,the ,presbyterian ,review1 vol4 iv4 ,new ,york1 #ahhc4 ,presbyterian ,review 7,the74 ,new ,york4 ,prescott 7,w4 ,h471 ,history of the ,conquest of ,mexico4 ,ed4 by ,j4 ,f4 ,kirk4 ,london1 #ahhg4 ---- ,history of the ,conquest of ,peru4 #c vols4 ,london1 #ahij4 ,preuss 7,theodor71 ,die ,begrbnisarten der ,amerikaner und ,nordostasiaten4 ,knigsberg1 #ahid4 ,prexl 7,r471 ',geburts- und ,todtengebruche der ,rumnen in ,siebenbrgen'2 in ,globus1 vol4 lvii4 ,braunschweig1 #ahij4 ,price 7,richard71 ,a ,review of the ,principal ,questions in ,morals4 ,london1 #aghg4 ,prichard 7,h4 ,h471 ,through the ,heart of ,patagonia4 ,london1 #aijb4 ,pridham 7,charles71 ,an ,account of ,ceylon4 #b vols4 ,london1 #ahdi4 ,priestley 7,joseph74 ,see ,hartley1 ,theory of the ,human ,mind4 ,prince 7,o4 ,h471 ,a ,digest of the ,laws of the ,state of ,georgia4 ,athens 7,u4,s471 #ahcg4 #had ,pritchard 7,w4 ,t471 ,polynesian ,reminiscences4 ,london1 #ahff4 ,proceedings of the ,royal ,geographical ,society and ,monthly ,record of ,geography4 ,london4 ---- of the ,royal ,irish ,academy4 ,dublin4 ---- of the ,royal ,society of ,edinburgh4 ---- of the ,society of ,biblical ,archology4 ,london4 ,procopius1 ex recensione ,g4 ,dindorfii4 #c vols4 ,bonnae1 #ahcc-ch4 ,proudhon 7,p4-,j471 ,la guerre et la paix4 #b vols4 ,bruxelles1 #ahfa4 ,proyart 7,l4 ,b471 ',history of ,loango1 c4' ,trans42 in ,pinkerton1 ,collection of ,voyages and ,travels1 vol4 xvi4 ,london1 #ahad4 ,ptan-,hotep1 ',the ,precepts of'4 ,trans4 by ,ph4 ,virey2 in ,records of the ,past1 new ser4 vol4 iii4 ,london1 s4 d4 ,puchta 7,g4 ,f471 ,cursus der ,institutionen4 #b vols4 ,leipzig1 #ahge4 ,pufendorf 7,samuel71 ,de jure natur et gentium4 ,amstelodami1 #afhh4 ,purcell 7,b4 ,h471 ',rites and ,customs of ,australian ,aborigines'2 in ,verhandl4 ,berliner ,gesellsch4 ,anthrop41 #ahic4 ,quarterly ,review 7,the74 ,london4 ,quatremre 7,e4 ,m471 ',mmoire sur les asiles chez les ,arabes'2 in ,mmoires de l'lnstitut ,royal de ,france1 ,acadmie des ,inscriptions et ,belles-,lettres1 vol4 xv4 pt4 ii4 ,paris1 #ahdb4 ,quintilian 7,m4 ,f471 ,declamationes qu supersunt ,,cxlv4 ,ed4 by ,c4 ,ritter4 ,lipsiae1 #ahhd4 ,institutionis oratori libri duodecim4 ,ed4 by ,c4 ,halm4 #b vols4 ,lipsiae1 #ahfh4 ,qur'n 7,the74 ,trans4 by ,e4 ,h4 ,palmer4 #b vols4 7,the ,sacred ,books of the ,east1 vols4 vi4 and ix47 ,oxford1 #ahhj4 ,rabbinowicz 7,i4 ,j4 ,m471 ,lgislation criminelle du ,talmud4 ,paris1 #ahgf4 ,radde 7,g471 ,die ,chews'uren und ihr ,land4 ,cassel1 #ahgh4 ,radloff 7,w471 ,das ,schamanenthum4 ,leipzig1 #ahhe4 ,raffenel 7,anne71 ,nouveau voyage dans le pays des ngres4 #b vols4 ,paris1 #ahef4 ,raffles 7,t4 ,s471 ,the ,history of ,java4 #b vols4 ,london1 #ahag4 ,rjendralla ,mitra1 ,indo-,aryans4 #b vols4 ,london ,calcutta1 #ahha4 ,ralston 7,w4 ,r4 ,s471 ,the ,songs of the ,russian ,people4 ,london1 #ahgb4 ,rambaud 7,a471 ,histoire de la civilisation franaise4 #b vols4 ,paris1 #ahic-id4 ,ramsay 7,w4 ,m471 ,the ,church in the ,roman ,empire before ,a4,d4 #agj4 ,london1 #aijc4 ---- ,the ,cities and ,bishoprics of ,phrygia4 #b vols4 ,oxford1 #ahie-ig4 ---- ,the ,historical ,geography of ,asia ,minor4 ,london1 #ahij4 ,ramseyer 7,f4 ,a47 and ,khne 7,j471 ,four ,years in ,ashantee4 ,ed4 by ,mrs4 ,weitbrecht4 ,london1 #ahge4 ,ranking 7,john71 ,historical ,researches on the ,conquest of ,peru1 ,mexico1 c4 ,london1 #ahbg4 ,rattray 7,r4 ,s471 ,some ,folk-,lore ,stories and ,songs in ,chinyanja4 ,london1 #aijg4 ,ratzel 7,f471 ,the ,history of ,mankind4 ,trans4 #c vols4 ,london1 #ahif-ih4 ,ravenscroft 7,a4 ,g4 ,b471 ',some ,habits and ,customs of the ,chingalee ,tribe'2 in ,trans4 ,roy4 ,soc4 ,south ,australia1 vol4 xv4 ,adelaide1 #ahib4 ,rawlinson 7,george71 ,the ,religions of the ,ancient ,world4 ,london1 s4 d4 #hae ,read 7,c4 ,h47 and ,dalton 7,o4 ,m471 ,antiquities from the ,city of ,benin4 ,london1 #ahii4 ,reade 7,w4 ,winwood71 ,savage ,africa4 ,london1 #ahfc4 ,ral de ,courban 7,g4 de71 ,la science du gouvernement4 #h vols4 ,aix-la-,chapelle1 c41 #agfa-fe4 ,recopilacion de leyes de los reinos de las ,indias4 #d vols4 ,madrid1 #ahda4 ,records of the ,past4 ,london4 ,re 7,paul71 ,die ,entstehung des ,gewissens4 ,berlin1 #ahhe4 ---- ,der ,ursprung der moralischen ,empfindungen4 ,chemnitz1 #ahgg4 ,reed 7,sir ,e4 ,j471 ,japan4 #b vols4 ,london1 #ahhj4 ,rehme 7,paul71 ',das ,recht der ,amaxosa'2 in ,zeitschr4 f4 vergl4 ,rechtswiss4 vol4 x4 ,berlin1 #ahib4 ,reichard 7,paul71 ',die ,wanjamuesi'2 in ,zeitschr4 der ,gesellschaft fr ,erdkunde zu ,berlin1 vol4 xxiv4 ,berlin1 #ahhi4 ,reid 7,a4 ,p471 ',religious ,belief of the ,ojibois or ,sauteux ,indians'2 in ,jour4 ,anthr4 ,inst4 vol4 iii4 ,london1 #ahgd4 ,reid 7,thomas71 ,an ,inquiry into the ,human ,mind4 ,london1 #aghe4 ,rein 7,j4 ,j471 ,japan4 ,trans4 ,london1 #ahhd4 ,rein 7,wilhelm71 ,das ,criminalrecht der ,rmer4 ,leipzig1 #ahdd4 ,reinhard 7,f4 ,v471 ,system der ,christlichen ,moral4 #e vols4 ,wittenberg1 #ahje-ae4 ,remy 7,jules71 ,ka ,mooolelo ,hawaii4 ,paris ,leipzig1 #ahfb4 ,renan 7,ernest71 ,hibbert ,lectures on the ,influence of the ,institutions1 ,thought and ,culture of ,rome1 on ,christianity4 ,london1 #ahhe4 ,rengger 7,j4 ,r471 ,naturgeschichte der ,sugethiere von ,paraguay4 ,basel1 #ahcj4 ,renouf 7,p4 ,le ,page71 ,hibbert ,lectures on 4 4 4 the ,religion of ,ancient ,egypt4 ,london1 #ahhd4 ,renton 7,a4 ,w471 ,encyclopdia of the ,laws of ,england4 ,london1 #ahig1 c44 ,report on the ,work of the ,horn ,scientific ,expedition to ,central ,australia4 ,ed4 by ,b4 ,spencer4 ,part iv4 ,london ,melbourne1 #ahif4 ,reports of the ,cambridge ,anthropological ,expedition to ,torres ,straits4 ,ed4 by ,a4 ,c4 ,haddon4 ,vol4 v4 ,cambridge1 #aijd4 ,rville 7,albert71 ,hibbert ,lectures on 4 4 4 the ,native ,religions of ,mexico and ,peru4 ,london1 #ahhd4 ---- ,prolegomena of the ,history of ,religions4 ,trans4 ,london1 #ahhd4 ---- ,la ,religion ,chinoise4 ,paris1 #ahhi4 ---- ,les religions des peuples non-civiliss4 #b vols4 ,paris1 #ahhc4 ,rville 7,andr71 ',l'abjuratio regni'2 in ,revue historique1 vol4 l4 ,paris1 #ahib4 ,revised ,statutes of the ,state of ,north ,carolina 7,the71 passed by the ,general ,assembly at the ,session of #ahcf-g4 #b vols4 ,raleigh1 #ahcg4 ,revue ,celtique4 ,paris4 ---- coloniale internationale4 ,amsterdam4 ---- de lgislation et de jurisprudence4 ,paris4 ---- de l'histoire des religions4 ,paris4 ---- des ,deux ,mondes4 ,paris4 ---- historique4 ,paris4 ---- historique de droit franais et tranger4 ,paris4 ---- internationale de sociologie4 ,ed4 by ,r4 ,worms4 ,paris4 ---- scientifique4 ,paris4 ,rheinisches ,museum fr ,philologie4 ,frankfurt a4 ,m4 ,rhys 7,john71 ,celtic ,folklore4 #b vols4 ,oxford1 #aija4 #haf ,ribbe 7,ch4 de71 ,les families et la socit en ,france avant la ,rvolution4 ,paris1 #ahgc4 ,ribeiro de ,sampaio 7,f4 ,x471 ,diario da viagem4 ,lisboa1 #ahbe4 ,ribot 7,th471 ,the ,psychology of the ,emotions4 ,trans4 ,london1 #ahig4 ,richardson 7,c4 ,h471 ',observations among the ,cameroon ,tribes of ,west ,central ,africa'2 in ,memoirs of the ,international ,congress of ,anthropology4 ,chicago1 #ahid4 ,richardson 7,james71 ,narrative of a ,mission to ,central ,africa performed in the ,years #ahej-ea4 #b vols4 ,london1 #ahec4 ,richardson 7,john71 ,arctic ,searching ,expedition4 #b vols4 ,london1 #ahea4 ,richmond 7,legh71 ',a ,sermon on the ,sin of ,cruelty to the ,brute ,creation'2 in ,the ,methodist ,magazine1 vol4 xxx4 ,london1 #ahjg4 ,richter 7,w471 ,die ,sklaverei im ,griechischen ,altertume4 ,breslau1 #ahhf4 ,rickaby 7,j471 ,moral ,philosophy4 ,london1 #ahib4 ,ridley 7,william71 ,the ,aborigines of ,australia4 ,sydney1 #ahfd4 ---- ,kmilari1 and other ,australian ,languages4 ,n4 ,s4 ,wales1 #ahge4 ---- ,kamilaroi1 ,dippil1 and ,turrubul4 ,n4 ,s4 ,wales1 #ahff4 ,riedel 7,j4 ,g4 ,f471 ,de sluik- en kroesharige rassen tusschen ,selebes en ,papua4 's-,gravenhage1 #ahhf4 ,rigveda 7,der74 ,trans4 into ,german by ,a4 ,ludwig4 #f vols4 ,prag1 #ahgf-hh4 ,rink 7,h4 ,j471 ,danish ,greenland4 ,ed4 by ,r4 ,brown4 ,london1 #ahgg4 ---- ,the ,eskimo ,tribes4 ,copenhagen ,london1 #ahhg4 ---- ,tales and ,traditions of the ,eskimo4 ,edinburgh ,london1 #ahge4 ,risley 7,h4 ,h471 ,census of ,india1 #aija4 ,vol4 ,i4 ,ethnographic ,appendices4 ,calcutta1 #aijc4 ---- ,tribes and ,castes of ,bengal4 ,ethnographic ,glossary4 #b vols4 ,calcutta1 #ahia4 ,ritchie 7,d4 ,g471 ,natural ,rights4 ,london1 #ahie4 ,ritson 7,jos471 ,an ,essay on ,abstinence from ,animal ,food as a ,moral ,duty4 ,london1 #ahjb4 ,ritter 7,b471 ,philo und die ,halacha4 ,leipzig1 #ahgi4 ,rivers 7,w4 ,h4 ,r471 ,the ,todas4 ,london1 #aijf4 ,rivier 7,alphonse71 ,prcis du droit de famille romain4 ,paris1 #ahia4 ,rivire 7,armand71 ,l'glise et l'esclavage4 ,paris1 #ahfd4 ,rivista italiana di sociologia4 ,roma4 ,roberts 7,george71 ,the ,social ,history of the ,people of the ,southern ,counties of ,england in ,past ,centuries4 ,london1 #ahef4 ,robertson 7,sir ,g4 ,scott71 ,the ,kfirs of the ,hindu-,kush4 ,london1 #ahif4 ,robertson 7,h4 ,a471 ,erromanga1 the ,martyr ,isle4 ,ed4 by ,j4 ,eraser4 ,london1 #aijb4 ,robertson 7,john ,m471 ,patriotism and ,empire4 ,london1 #ahii4 ,robertson 7,william71 ,the ,history of ,america4 #b vols4 ,london1 #aggg4 ---- ,the ,history of the ,reign of the ,emperor ,charles ,v4 #d vols4 ,london1 #ahjf4 ,robinson 7,a471 ,life in ,california4 ,new ,york1 #ahdf4 ,robinson 7,cecilia71 ,the ,ministry of ,deaconesses4 ,london1 #ahih4 ,robinson 7,edward71 ,biblical ,researches in ,palestine4 #c vols4 ,london1 #ahfg4 ,rochas 7,v4 de71 ,la ,nouvelle ,caldonie et ses habitants4 ,paris1 #ahfb4 ,rochefort 7,c4 de74 ,see ,poircy 7,l4 de74 ,rochholz 7,e4 ,l471 ,deutscher ,glaube und ,brauch im ,spiegel der heidnischen ,vorzeit4 #b vols4 ,berlin1 #ahfg4 #hag ,rochon 7,a4 ,m471 ,a ,voyage to ,madagascar and the ,east ,indies4 ,trans4 ,london1 #agic4 ---- ,the same work4 ,trans42 in ,pinkerton1 ,collection of ,voyages and ,travels1 vol4 xvi4 ,london1 #ahad4 ,rockhill 7,w4 ,w471 ,the ,land of the ,lamas4 ,london1 #ahia4 ---- ',notes on ,some of the ,laws1 ,customs1 and ,superstitions of ,korea'2 in ,the ,american ,anthropologist1 vol4 iv4 ,washington1 #ahia4 ,rogers 7,ch471 ,social ,life in ,scotland4 #c vols4 ,edinburgh1 #ahhd-hf4 ,rohde 7,erwin71 ',paralipomena'2 in ,rheinisches ,museum fr ,philologie1 neue ,folge1 vol4 xv4 ,frankfurt a4 ,m41 #ahie4 ---- ,psyche4 ,freiburg i4 ,b4 ,leipzig1 #ahid4 ,romanes 7,g4 ,j471 ,animal ,intelligence4 ,london1 #ahie4 ---- ',conscience in ,animals'2 in ,the ,quarterly ,journal of ,science1 vol4 xiii4 ,london1 #ahgf4 ---- ,mental ,evolution in ,animals4 ,london1 #ahhc4 ,romanische ,forschungen4 ,erlangen4 ,romans de ,raoul de ,cambrai et de ,bernier 7,li74 ,ed4 by ,e4 ,le ,glay4 ,paris1 #ahdj4 ,romilly 7,h4 ,h471 ,from my ,verandah in ,new ,guinea4 ,london1 #ahhi4 ---- ,the ,western ,pacific and ,new ,guinea4 ,london1 #ahhg4 ,romilly 7,henry71 ,the ,punishment of ,death4 ,london1 #ahhf4 ,rorarius 7,hieronymus71 ,quod ,animalia bruta ratione utantur melius ,homine4 ,paris1 #afdh4 ,roscoe 7,j471 ',the ,bahima'2 in ,jour4 ,roy4 ,anthr4 ,inst4 vol4 xxxvii4 ,london1 #aijg4 ,rosenbaum 7,julius71 ,geschichte der ,lustseuche im ,alterthume4 ,halle1 #ahde4 ,rosenberg 7,c4 ,f4 ,v4 ,m471 ,nordboernes ,aandsliv4 #c vols4 ,kjbenhavn1 #ahgh-he4 ---- ,traek af ,livet paa ,island i ,fristats-,tiden4 ,kjbenhavn1 #ahid4 ,rosenberg 7,h4 von71 ,der malayische ,archipel4 ,leipzig1 #ahgh4 ,roskoff 7,g4 ,g471 ,geschichte des ,teufels4 #b vols4 ,leipzig1 #ahfi4 ,ross 7,b4 ,r471 ',the ,eastern ,tinneh'2 in ,smithsonian ,report1 #ahff4 ,washington1 #ahfg4 ,ross 7,john71 ,history of ,corea4 ,pasley1 #ahgi4 ,rossbach 7,a471 ,untersuchungen uber die rmische ,ehe4 ,stuttgart1 #ahec4 ,rossi 7,p471 ,trait de droit pnal4 #c vols4 ,genve1 #ahbi4 ,roth 7,h4 ,ling71 ,the ,aborigines of ,tasmania4 ,london1 #ahij4 ---- ,great ,benin4 ,halifax1 #aijc4 ---- ,the ,natives of ,sarawak and ,british ,north ,borneo4 #b vols4 ,london4 #ahif4 ---- ',on the ,origin of ,agriculture'2 in ,jour4 ,anthr4 ,inst4 vol4 xvi4 ,london1 #ahhg4 ---- ',on ,salutations'2 in ,jour4 ,anthr4 ,inst4 vol4 xix4 ,london1 #ahij4 ---- ',on the ,signification of ,couvade'2 in ,jour4 ,anthr4 ,inst4 vol4 xxii4 ,london1 #ahic4 ,roth 7,rud471 ',brahma und die ,brahmanen'2 in ,zeitschr4 der ,deutschen ,morgenlndischen ,gesellsch4 vol4 i4 ,leipzig1 #ahdf4 ---- ',on the ,morality of the ,veda4' ,trans42 in ,journal of the ,american ,oriental ,society1 vol4 iii4 ,new ,york1 #ahec4 ,roth 7,walter ,e471 ,ethnological ,studies among the ,north-,west-,central ,queensland ,aborigines4 ,brisbane ,london1 #ahig4 #hah ,rothar 7,king71 ',edictus'2 in ,pertz1 ,monumenta ,germani historica1 ,leges1 vol4 iv4 ,hannoverae1 #ahfh4 ,rouse 7,w4 ,h4 ,d471 ,greek ,votive ,offerings4 ,cambridge1 #aijb4 ,rousseau 7,j4 ,j471 ,,oeuvres compltes4 #d vols4 ,paris1 #ahcg4 ,rowlatt 7,e4 ,a471 ',report of an ,expedition into the ,mishmee ,hills'2 in ,jour4 ,asiatic ,soc4 ,bengal1 vol4 xiv4 pt4 ii4 ,calcutta1 #ahde4 ,rowley 7,henry71 ,africa ,unveiled4 ,london1 #ahgf4 ---- ,the ,religion of the ,africans4 ,london1 #ahgg4 ,rowney 7,h4 ,b471 ,the ,wild ,tribes of ,india4 ,london1 #ahhb4 ,rhs 7,f471 ,handbuch der ,geschichte des ,mittelalters4 ,berlin1 #ahaf4 ,rppell 7,e471 ,reise in ,abyssinien4 #b vols4 ,frankfurt a4 ,m41 #ahch-dj4 ,ruskin 7,john71 ,the ,works of4 #aa vols4 ,keston1 ,orpington1 #ahga-hc4 ,sabatier 7,paul71 ,life of ,st4 ,francis of ,assisi4 ,trans4 ,london1 #ahid4 ,sachau 7,e471 ,muhammedanisches ,recht nach ,schafiitischer ,lehre4 ,stuttgart ,berlin1 #ahig4 ,saco 7,don ,j4 ,a471 ,historia de la esclavitud4 #c vols4 ,paris ,barcelona1 #ahge-gh4 ,sacred ,books of the ,east 7,the74 ,ed4 by ,f4 ,max ,mller4 ,oxford1 #ahgi1 c4 ',sad ,dar1' trans4 by ,e4 ,w4 ,west2 in ,the ,sacred ,books of the ,east1 vol4 xxiv4 ,oxford1 #ahhe4 ,sagard ,thodat 7,g471 ,le grand voyage du pays des ,hurons4 ,paris1 #afcb4 ,sahagun 7,f4 ,bernardino de71 ,historia general de las cosas de ,nueva ,espaa4 #c vols4 ,mexico1 #ahbi-cj4 ,sainte-,palaye 7,de la ,curne de71 ,mmoires sur l'ancienne chevalerie4 #c vols4 ,paris1 #agha4 ,st4 ,john 7,bayle71 ,adventures in the ,libyan ,desert4 ,london1 #ahdi4 ---- ,village ,life in ,egypt4 #b vols4 ,london1 #aheb4 ,st4 ,john 7,spenser71 ,life in the ,forests of the ,far ,east4 #b vols4 ,london1 #ahfc4 ,saint ,louis1 ,les tablissements de4 ,ed4 by ,paul ,viollet4 #d vols4 ,paris1 #ahha-hf4 ,saint-,simon 7,duc de71 ,mmoires complets et authentiques4 #dj vols4 ,paris1 #ahdj-da4 ,sale 7,george71 ',preliminary ,discourse'2 in ,wherry1 ,a ,comprehensive ,commentary on the ,qurn1 vol4 i4 ,london1 #ahhb4 ,salt 7,h4 ,s471 ,animals' ,rights4 ,london1 #aijj4 ,salt 7,henry71 ,a ,voyage to ,abyssinia4 ,london1 #ahad4 ,salvado 7,r471 ,mmoires historiques sur l',australie4 ,paris1 #ahed4 ,salvioli 7,g471 ,manuale di storia del diritto italiano4 ,torino1 #ahib4 ,samuelson 7,james71 ,the ,history of ,drink4 ,london1 #ahhj4 ,sandys 7,edwin71 ,the ,sermons of4 ,ed4 by ,john ,ayre4 ,cambridge1 #ahda4 ,santos 7,joano dos71 ',history of ,eastern ,ethiopia4' ,trans42 in ,pinkerton1 ,collection of ,voyages1 vol4 xvi4 ,london1 #ahad4 ,sarasin 7,paul and ,fritz71 ,ergebnisse naturwissenschaftlicher ,forschungen auf ,ceylon4 #c vols4 ,wiesbaden1 #ahhg-ic4 ,sarbah 7,j4 ,m471 ,fanti ,customary ,laws4 ,london1 #ahig4 ,sartori 7,paul71 ',die ,sitte der ,alten- und ,krankenttung'2 in ,globus1 vol4 lxvii4 ,braunschweig1 #ahie4 ---- ',ueber das ,bauopfer'2 in ,zeitschr4 f4 ,ethnologie1 vol4 xxx4 ,berlin1 #ahih4 #hai ,sarytschew 7,g471 ',account of a ,voyage of ,discovery to the ,north-,east of ,siberia1 the ,frozen ,ocean1 and the ,north-,east ,sea4' ,trans42 in ,a ,collection of ,modern and ,contemporary ,voyages and ,travels1 vols4 v4-vi4 ,london1 #ahjg4 ,satapatha-,brhmana 7,the74 ,trans4 by ,j4 ,eggeling4 #e vols4 7,the ,sacred ,books of the ,east1 vols4 xii41 xxvi41 xli41 xliii41 and xliv47 ,oxford1 #ahhb-aijj4 ,sauer 7,m471 ,an ,account of a ,geographical and ,astronomical ,expedition to the ,northern ,parts of ,russia performed by ,j4 ,billings4 ,london1 #ahjb4 ,savage 7,t4 ,s471 ',observations on the ,external ,characters and ,habits of the ,troglodytes ,niger'2 in ,boston ,journal of ,natural ,history1 vol4 iv4 ,boston1 #ahdd4 ,sayce 7,a4 ,h471 ,hibbert ,lectures on 4 4 4 the ,religion of the ,ancient ,babylonians4 ,london1 #ahhg4 ,scaramucci 7,f47 and ,giglioli 7,e4 ,h471 ',notizie sui ,danakil'2 in ,archivio per l'anthropologia e la etnologia1 vol4 xiv4 ,firenze1 #ahhd4 ,schaafhausen 7,h471 ',die ,menschenfresserei und das ,menschenopfer'2 in ,archiv fr ,anthropologie1 vol4 iv4 ,braunschweig1 #ahgj4 ,schadenberg 7,alex471 ',ueber die ,negritos in den ,philippinen'2 in ,zeitschr4 f4 ,ethnol4 vol4 xii4 ,berlin1 #ahhj4 ,schaff 7,philip71 ,history of the ,christian ,church3 ,ante-,nicene ,christianity1 ,a4,d4 #ajj-cbe4 ,edinburgh1 #ahhd4 ,scherman 7,l471 ',eine ,art visionrer ,hllenschilderung aus dem indischen ,mittelalter'2 in ,romanische ,forschungen1 vol4 v4 ,erlangen1 #ahij4 ---- ,materialien zur ,geschichte der ,indischen ,visionslitteratur4 ,leipzig1 #ahib4 ,scherzer 7,k4 von71 ,reise der ,oesterreichischen ,fregatte ,novara um die ,erde4 #c vols4 ,wien1 #ahfa-fb4 ,schiaparelli 7,e471 ,del sentimento religioso degli antichi egiziani4 ,torino1 #ahgg4 ,schinz 7,hans71 ,deutsch-,sd-,west-,afrika4 ,oldenburg ,leipzig1 #ahia4 ,schmidt 7,bernhard71 ,das ,volksleben der ,neugriechen und das hellenische ,alterthum4 ,leipzig1 #ahga4 ,schmidt 7,c4 ,c471 ,jahrbcher der in- und auslndischen gesammten ,medicin4 ,leipzig4 ,schmidt 7,emil71 ,ceylon4 ,berlin1 #ahig4 ,schmidt 7,leopold71 ,die ,ethik der alten ,griechen4 #b vols4 ,berlin1 #ahhb4 ,schneider 7,wilhelm71 ,die ,naturvlker4 #b vols4 ,paderborn ,mnster1 #ahhe-hf4 ---- ,die ,religion der afrikanischen ,naturvlker4 ,mnster i4 ,w41 #ahia4 ,schoemann 7,g4 ,f471 ,griechische ,alterthmer4 #b vols4 ,berlin1 #ahee-ei4 ,schoen 7,j4 ,f47 and ,crowther 7,samuel71 ,journals of1 who accompanied the ,expedition up the ,niger in #ahda4 ,london1 #ahdb4 ,schnwerth 7,fr471 ,aus der ,oberpfalz4 ,sitten und ,sagen4 #c vols4 ,augsburg1 #aheg-ei4 ,schomburgk 7,sir ,robert ,h471 ',journal of an ,expedition from ,pirara to the ,upper ,corentyne'2 in ,jour4 ,roy4 ,geo4 ,soc4 vol4 xv4 ,london1 #ahde4 ---- ',on the ,natives of ,guiana'2 in ,jour4 ,ethn4 ,soc4 ,london1 vol4 i4 ,london1 #ahdh4 ,schoolcraft 7,h4 ,r471 ,historical and ,statistical ,information respecting the ,history1 ,condition1 and ,prospects of the ,indian ,tribes of the ,united ,states 7the title pages of vols4 iv4-vi4 read3 ,archives of ,aboriginal ,knowledge1 c474 #f vols4 ,philadelphia1 #ahea-fj4 ---- ,the ,indian in his ,wigwam4 ,new ,york1 #ahdh4 #hbj ,schopenhauer 7,arthur71 ,die beiden ,grundprobleme der ,ethik4 7,smmtliche ,werke in zwlf ,bnden1 vol4 vii47 ,stuttgart1 s4 d4 ---- ,essays4 ,trans4 by ,mrs4 ,r4 ,dircks4 ,london1 s4 d4 ---- ,parerga und ,paralipomena4 #b vols4 ,berlin1 #ahea4 ---- ,die ,welt als ,wille und ,vorstellung4 #b vols4 ,leipzig1 #ahei4 ,schrader 7,e471 ,die ,keilinschriften und das ,alte ,testament4 ,ed4 by ,h4 ,zimmern and ,h4 ,winckler4 ,berlin1 #aijc4 ,schrader 7,o471 ,prehistoric ,antiquities of the ,aryan ,peoples4 ,trans4 by ,f4 ,b4 ,jevons4 ,london1 #ahij4 ---- ,reallexikon der indogermanischen ,altertumskunde4 ,strassburg1 #aija4 ,schrder 7,richard71 ,lehrbuch der deutschen ,rechtsgeschichte4 ,leipzig1 #ahih4 ,schuermann 7,c4 ,w471 ',the ,aboriginal ,tribes of ,port ,lincoln'2 in ,woods1 ,native ,tribes of ,south ,australia4 ,adelaide1 #ahgi4 ,schtz-,holzhausen 7,d4 von71 ,der ,amazonas4 ,freiburg i4 ,b41 #ahie4 ,schulchan ,aruch oder ,die vier judischen ,gesetzbcher4 ,trans4 by ,h4 ,g4 ,f4 ,lwe4 #b vols4 ,wien1 #ahif4 ,schultz 7,h471 ,old ,testament ,theology4 ,trans4 #b vols4 ,edinburgh1 #ahib4 ,schultze 7,fritz71 ,der ,fetischismus4 ,leipzig1 #ahga4 ---- ,vergleichende ,seelenkunde4 ,leipzig1 #ahib1 c4 ,schurtz 7,h471 ,das afrikanische ,gewerbe4 ,leipzig1 #aijj4 ---- ',die ,anfnge des ,landbesitzes'2 in ,zeitschr4 f4 ,socialwissensch4 vol4 iii4 ,berlin1 #aijj4 ---- ,die ,speiseverbote4 ,hamburg1 #ahic4 ---- ,urgeschichte der ,kultur4 ,leipzig ,wien1 #aijj4 ,schuyler 7,e471 ,turkistan4 #b vols4 ,london1 #ahgf4 ---- ,schwabenspiegel 7,der74 ,ed4 by ,f4 ,l4 ,a4 von ,lassberg4 ,tbingen1 #ahdj4 ,schwally 7,f471 ,das ,leben nach dem ,tode nach den ,vorstellungen des alten ,israel und ,judentums4 ,giessen1 #ahib4 ,schwaner 7,c4 ,a4 ,l4 ,m471 ,borneo4 #b vols4 ,amsterdam1 #ahec4 ,schwarz 7,w471 ,prhistorisch-anthropologische ,studien4 ,berlin1 #ahhd4 ,schweinfurth 7,georg71 ,the ,heart of ,africa4 ,trans4 #b vols4 ,london1 #ahgc4 ,science4 ,an ,illustrated ,journal4 ,cambridge 7,mass474 ,scott 7,sir ,walter71 ',an ,essay on ,chivalry'2 in ,miscellaneous ,prose ,works1 vol4 vi4 ,edinburgh1 #ahbg4 ,scotus ,novanticus4 ,see ,laurie 7,s4 ,s474 ,seaver 7,james ,e471 ,a ,narrative of the ,life of ,mrs4 ,mary ,jemison1 ,who was taken by the ,indians1 in the ,year1 #agee4 ,howden1 #ahbf4 ',second ,helvetic ,confession'2 in ,sylloge confessionum sub tempus reformand ecclesi4 ,oxonii1 #ahjd4 ,seebohm 7,f471 ,the ,english ,village ,community4 ,london1 #ahhc4 ---- ,tribal ,custom in ,anglo-,saxon ,law4 ,london1 #aijb4 ---- ,the ,tribal ,system in ,wales4 ,london1 #ahie4 ,seeger 7,hermann71 ,ueber die ,ausbildung der ,lehre vom ,versuch der ,verbrechen in der ,wissenschaft des ,mittelalters4 ,tbingen1 #ahfi4 ---- ,der ,versuch der ,verbrechen nach rmischen ,recht4 ,tbingen1 #ahgi4 ,seeley 7,j4 ,r471 ,ecce ,homo4 ,london1 #ahib4 ---- ,natural ,religion4 ,london ,new ,york1 #ahie4 ,seemann 7,b471 ,narrative of the ,voyage of ,h4,m4,s4 ,herald during the ,years #ahde-ea4 #b vols4 ,london1 #ahec4 ---- ,viti4 ,cambridge1 #ahfb4 #hba ,selden 7,j471 ,de ,synedriis et ,prfecturis ,juridicis veterum ,ebrorum4 ,francofurti1 #afif4 ,selenka 7,emil and ,lenore71 ,sonnige ,welten4 ,ostasiatische ,reise-,skizzen4 ,wiesbaden1 #ahif4 ,seligmann 7,c4 ,g471 in ,reports of the ,cambridge ,anthropological ,expedition to ,torres ,straits1 vol4 v4 ,cambridge1 #aijd4 ---- ',sexual ,inversion among ,primitive ,races'2 in ,the ,alienist and ,neurologist1 vol4 xxxiii4 ,st4 ,louis1 #aijb4 ,sell 7,edward71 ,the ,faith of ,islm4 ,london1 #ahif4 ,semper 7,karl71 ,die ,palau-,inseln im ,stillen ,ocean4 ,leipzig1 #ahgc4 ,seneca 7,l4 ,a471 ,opera qu supersunt4 ,ed4 by ,f4 ,haase4 #c vols4 ,lipsiae1 #ahec-fb4 ,sepp 7,johannes71 ,vlkerbrauch bei ,hochzeit1 ,geburt und ,tod4 ,mnchen1 #ahia4 ,serpillon 7,f471 ,code ,criminel1 ou ,commentaire sur l',ordonnance de #afgj4 #b vols4 ,lyon1 #aghd4 ,servius ,maurus ,honoratus1 ,commentarii in ,virgilium4 ,ed4 by ,h4 ,a4 ,lion4 #b vols4 ,gottingae1 #ahbf4 ,seth 7,james71 ,a ,study of ,ethical ,principles4 ,edinburgh ,london1 #ahih4 ,sextus ,empiricus1 ,opera ,grce et ,latine4 ,ed4 by ,i4 ,a4 ,fabricius4 #b vols4 ,lipsiae1 #ahdb4 ,shaftesbury 7,antony ,earl of71 ,characteristicks4 #c vols4 ,london1 #agcc4 ,shakespeare 7,w471 ,works4 ,ed4 by ,a4 ,dyce4 #i vols4 ,london1 #ahfd-fg4 ,shand 7,a4 ,f471 ',character and the ,emotions'2 in ,mind1 new ser4 vol4 v4 ,london1 #ahif4 ---- ',the ,sources of ,tender ,emotion'2 in ,stout1 ,the ,groundwork of ,psychology4 ,london1 #aijc4 ',shyast ,l-,shyast1' trans4 by ,e4 ,w4 ,west2 in ,the ,sacred ,books of the ,east1 vol4 v4 ,oxford1 #ahhj4 ,shaw 7,thomas71 ',on the ,inhabitants of the ,hills near ,rjamahall'2 in ,asiatick ,researches1 vol4 iv4 ,calcutta1 #agie4 ,sheane 7,j4 ,h4 ,west71 ',some ,aspects of the ,avemba ,religion'2 in ,jour4 ,anthr4 ,inst4 vol4 xxxvi4 ,london1 #aijf4 ,sherwill 7,w4 ,s471 ',notes upon a ,tour through the ,rjmahal ,hills'2 in ,jour4 ,asiatic ,soc4 ,bengal1 vol4 xx4 ,calcutta1 #aheb4 ,shooter 7,joseph71 ,the ,kafirs of ,natal and the ,zulu ,country4 ,london1 #aheg4 ,short ,treatise upon the ,propriety and ,necessity of ,duelling 7,a74 ,bath1 #aggi4 ,shortland 7,edward71 ,traditions and ,superstitions of the ,new ,zealanders4 ,london1 #ahed4 ,shortt 7,john71 ',an ,account of the ,hill ,tribes of the ,neilgherries'2 in ,trans4 ,ethn4 ,soc4 new ser4 vol4 vii4 ,london1 #ahfi4 ---- ',a ,contribution to the ,ethnology of ,jeypore'2 in ,trans4 ,ethn4 ,soc4 new ser4 vol4 vi4 ,london1 #ahfh4 ---- ,the ,hill ,ranges of ,southern ,india4 #e parts4 ,madras1 #ahgj-gf4 ,shway ,yoe 7i4e4 ,sir ,j4 ,g4 ,scott71 ,the ,burman4 #b vols4 ,london1 #ahhb4 ,sibree 7,james71 ,the ,great ,african ,island4 ,chapters on ,madagascar4 ,london1 #ahhj4 ,siculus ,flaccus1 ',de conditionibus agrorum'2 in ,goesius1 ,rei agrari auctores4 ,amstelredami1 #afgd4 ,sidgwick 7,h471 ,the ,methods of ,ethics4 ,london1 #aija4 ---- ',the ,morality of ,strife'2 in ,internal4 ,jour4 of ,ethics1 vol4 i4 ,philadelphia ,london1 #ahia4 #hbb ,sidonius 7,c4 ,sollius ,apollinaris71 ,epistul4 ,ed4 by ,p4 ,mohr4 ,lipsiae1 #ahie4 ,siebold 7,h4 von71 ,ethnologische ,studien ber die ,aino auf der ,insel ,yesso4 ,berlin1 #ahha4 ,simancas 7,jacobus71 ,de catholicis institutionibus liber4 ,romae1 #aege4 ,simcox 7,e4 ,j471 ,primitive ,civilizations4 #b vols4 ,london1 #ahid4 ,simmel 7,georg71 ,einleitung in die ,moralwissenschaft4 #b vols4 ,berlin1 #ahib-ic4 ---- ',die ,verwandtenehe'2 in ,vossische ,zeitung1 ,june #crd and #ajth1 #ahid4 ,berlin4 ,simonde de ,sismondi 7,j4 ,c4 ,l471 ,histoire des rpubliques italiennes du moyen ge4 #af vols4 ,paris1 #ahbf4 ,simons 7,f4 ,a4 ,a471 ',an ,exploration of the ,goajira ,peninsula1 ,u4,s4 of ,colombia'2 in ,proceed4 ,roy4 ,geo4 ,soc4 new ser4 vol4 vii4 ,london1 #ahhe4 ,simson 7,alfred71 ,travels in the ,wilds of ,ecuador4 ,london1 #ahhf4 ,skeat 7,w4 ,w471 ,malay ,magic4 ,london1 #aijj4 ---- and ,blagden 7,ch4 ,o471 ,pagan ,races of the ,malay ,peninsula4 #b vols4 ,london1 #aijf4 ,skene 7,w4 ,f471 ,celtic ,scotland4 #c vols4 ,edinburgh1 #ahgf-hj4 ,skertchly 7,j4 ,a471 ,dahomey as it is4 ,london1 #ahgd4 ,sleeman 7,sir ,w4 ,h471 ,rambles and ,recollections of an ,indian ,official4 #b vols4 ,london1 #ahdd4 ,smaragdus1 ',via ,regia'2 in d',achery1 ,spicilegium1 vol4 i4 ,parisiis #agbc4 ,smeaton 7,d4 ,mackenzie71 ,the ,loyal ,karens of ,burma4 ,london1 #ahhg4 ,smellie 7,william71 ,the ,philosophy of ,natural ,history4 #b vols4 ,edinburgh1 #agij-ii4 ,smith 7,adam71 ,an ,inquiry into the ,nature and ,causes of the ,wealth of ,nations4 ,edinburgh1 #ahfc4 ---- ,the ,theory of ,moral ,sentiments4 ,london1 #ahhg4 ,smith 7,arthur ,h471 ,chinese ,characteristics4 ,london1 #ahie4 ---- ,the ,proverbs and ,common ,sayings of the ,chinese4 ,shanghai1 #ahhh4 ,smith 7,e4 ,r471 ,the ,araucanians4 ,new ,york1 #ahee4 ,smith 7,erminnie ,a471 ',myths of the ,iroquois'2 in ,ann4 ,rep4 ,bur4 ,ethn4 vol4 ii4 ,washington1 #ahhc4 ,smith 7,george71 ,chaldische ,genesis4 ,trans4 by ,h4 ,delitzsch1 ed4 by ,f4 ,delitzsch4 ,leipzig1 #ahgf4 ---- ,the ,chaldean ,account of ,genesis4 ,ed4 by ,a4 ,h4 ,sayce4 ,london1 #ahhj4 ,smith 7,gerrit71 ,letter to ,rev4 ,james ,smylie1 of the ,state of ,mississippi4 ,new ,york1 #ahcg4 ,smith 7,goldwin71 ,lectures and ,essays4 ,toronto1 #ahha4 ,smith 7,r4 ,bosworth71 ,mohammed and ,mohammedanism4 ,london1 #ahhi4 ,smith 7,s4 ,percy71 ',futuna'2 in ,jour4 ,polynesian ,soc4 vol4 i4 ,wellington #ahib4 ---- ',uea'2 in ,jour4 ,polynesian ,soc4 vol4 i4 ,wellington1 #ahib4 ,smith 7,sir ,thomas71 ,the ,common-wealth of ,england4 ,london1 #afce4 ,smith 7,w4 ,robertson71 ,kinship and ,marriage in ,early ,arabia4 ,ed4 by ,s4 ,a4 ,cook4 ,london1 #aijc4 ---- ,lectures on the ,religion of the ,semites4 ,london1 #ahid4 ---- ',sacrifice'2 in ,encyclopdia ,britannica1 vol4 xxi4 ,edinburgh1 #ahhf4 ,smithsonian ,institution1 ,annual ,reports of the ,board of ,regents4 ,washington4 ,smyth 7,r4 ,brough71 ,the ,aborigines of ,victoria4 #b vols4 ,london1 #ahgh4 ,snorri ,sturluson1 ,edda4 ,ed4 by 4 ,jnsson4 ,kaupmannahfn1 #ahge4 #hbc ,snorri ,sturluson1 ,heimskringla4 ,nregs ,konunga ,sgur4 ,ed4 by ,f4 ,jnsson4 #d vols4 ,kbenhavn1 #ahic-aija4 ,snow 7,w4 ,parker71 ',remarks on the ,wild ,tribes of ,tierra del ,fuego'2 in ,trans4 ,ethn4 ,soc4 ,london1 new ser4 vol4 i4 ,london1 #ahfa4 ---- ,a ,two ,years' ,cruise off ,tierra del ,fuego4 #b vols4 ,london1 #aheg4 ,sociological ,papers4 ,published for the ,sociological ,society4 ,london4 ,socrates1 ',historia ecclesiastica'2 in ,migne1 ,patrologi cursus1 ,ser4 ,graeca1 vol4 lxvii4 ,parisiis1 #ahei4 ,sderblom 7,nathan71 ,gudstrons uppkomst4 ,stockholm1 #aiad4 ,solinus1 ,collectanea rerum memorabilium4 ,ed4 by ,th4 ,mommsen4 ,berlin1 #ahfd4 ,sommerville 7,b4 ,t471 ',ethnographical ,notes in ,new ,georgia'2 in ,jour4 ,anthr4 ,inst4 vol4 xxvi4 ,london1 #ahig4 ,sophocles1 ,the ,plays and ,fragments4 ,ed4 and trans4 by ,r4 ,c4 ,jebb4 #g vols4 ,cambridge1 #ahhc-if4 ---- ,tragoedi et ,fragmenta4 ,ed4 by ,e4 ,a4 ,j4 ,ahrens4 ,parisiis1 #ahdb4 ,soppitt 7,c4 ,a471 ,a ,short ,account of the ,kuki-,lushai ,tribes on the ,north-,east ,frontier4 ,shillong1 #ahhg4 ,soto 7,dominicus71 ,de justitia et jure4 ,lugduni1 #aehb4 ,south ,american ,missionary ,magazine 7,the74 ,london4 ,southey 7,r471 ,history of ,brazil4 #c vols4 ,london1 #ahaj-ai4 ,sozomenus 7,hermias71 ',historia ecclesiastica'2 in ,migne1 ,patrologi cursus1 ,ser4 ,graeca1 vol4 lxvii4 ,parisiis1 #ahei4 ,spangenberg 7--71 ',ueber das ,verbrechen der ,abtreibung der ,leibesfrucht'2 in ,neues ,archiv des ,criminalrechts1 vol4 ii4 ,halle1 #ahah4 ---- ',ueber das ,verbrechen des ,kindermords und der ,aussetzung der ,kinder'2 in ,neues ,archiv des ,criminalrechts1 vol4 iii4 ,halle1 #ahai-bj4 ,sparrman 7,a471 ,a ,voyage to the ,cape of ,good ,hope4 ,trans4 #b vols4 ,london1 #aghe4 ,spartian1 ',vita ,hadriani1' ed4 by ,j4 ,centerwall2 in ,upsala ,universitets rsskrift1 #ahgj4 ,upsala1 #ahfi4 ',speculum ,saxonum'2 in ,goldast1 ,collectio consuetudinum et legum imperialium4 ,francofordiae ad ,moenum1 #afac4 ,spencer 7,baldwin7 and ,gillen 7,f4 ,j471 ,the ,native ,tribes of ,central ,australia4 ,london1 #ahii4 ---- ,the ,northern ,tribes of ,central ,australia4 ,london1 #aijd4 ,spencer 7,herbert71 ,descriptive ,sociology4 #h vols4 ,london1 #ahgc-ha4 ---- ,the ,principles of ,ethics4 #b vols4 ,london1 #ahib-ic4 ---- ,the ,principles of ,psychology4 #b vols4 ,london1 #ahij4 ---- ,the ,principles of ,sociology4 #c vols4 ,london1 #ahgi-if4 ,spiegel 7,f471 ,erdnische ,alterthumskunde4 #c vols4 ,leipzig1 #ahga-gh4 ,spieth 7,jakob71 ,die ,e7we-,stmme4 ,berlin1 #aijf4 ,spinoza 7,b4 de71 ,opera philosophica omnia4 ,ed4 by ,a4 ,gfroerer4 ,stuttgardiae1 #ahcj4 ,spix 7,j4 ,b4 von7 and ,martius 7,c4 ,f4 ,ph4 von71 ,reise in ,brasilien4 #c vols4 ,mnchen1 #ahbc-ca4 ---- ,travels in ,brazil in the ,years #ahag-bj4 ,trans4 #b vols4 ,london1 #ahbd4 ,sproat 7,g4 ,m471 ,scenes and ,studies of ,savage ,life4 ,london1 #ahfh4 ,squier 7,e4 ,g471 ,nicaragua4 #b vols4 ,london1 #aheb4 ---- ',observations on the ,archaeology and ,ethnology of ,nicaragua'2 in ,trans4 ,american ,ethn4 ,soc4 vol4 iii4 pt4 i4 ,new ,york1 #ahec4 ,studlin 7,c4 ,f471 ,geschichte der ,vorstellungen und ,lehren vom ,selbstmorde4 ,gttingen1 #ahbd4 #hbd ,stanley 7,a4 ,p471 ,christian ,institutions4 ,london1 #ahhd4 ,stanley 7,hiram ,m471 ,studies in the ,evolutionary ,psychology of ,feeling4 ,london1 #ahie4 ,starbuck 7,e4 ,d471 ,the ,psychology of ,religion4 ,london1 #ahii4 ,starcke 7,c4 ,n471 ,la famille dans les diffrentes socits4 ,paris1 #ahii4 ,state ,trials1 ,cobbett's ,complete ,collection of4 ,continued by ,t4 ,b4 and ,t4 ,j4 ,howell4 #cc vols4 ,london1 #ahji-bf4 ,statutes of the ,united ,kingdom of ,great ,britain and ,ireland4 #aaj vols4 ,cambridge1 ,london1 #agfb-ahfi4 ,staunton 7,sir ,g4 ,thomas71 ,an ,inquiry into the ,proper ,mode of rendering the ,word ,god in translating the ,sacred ,scriptures into the ,chinese ,language4 ,london1 #ahdi4 ,stavorinus 7,j4 ,s471 ,voyages to the ,east ,indies4 ,trans4 #c vols4 ,london1 #agih4 ,steinen 7,karl von den71 ,durch ,central-,brasilien4 ,leipzig1 #ahhf4 ---- ,unter den ,naturvlkern ,zentral-,brasiliens4 ,berlin1 #ahid4 ,steinmetz 7,s4 ,r47 ',gli antichi scongiuri giuridici contro i creditori'2 in ,rivista italiana di sociologia1 vol4 ii4 ,roma1 #ahih4 ---- ',continuitt oder ,lohn und ,strafe im ,jenseits der ,wilden'2 in ,archiv fr ,anthropologie1 vol4 xxiv4 ,braunschweig1 #ahig4 ---- ,endokannibalismus4 7,reprinted from ,mittheilungen der ,anthropologischen ,gesellschaft in ,wien1 vol4 xxvi47 ,wien1 #ahif4 ---- ,ethnologische ,studien zur ersten ,entwicklung der ,strafe4 #b vols4 ,leiden ,leipzig1 #ahid4 ---- ',die neueren ,forschungen zur ,geschichte der menschlichen ,familie1' in ,zeitschr4 f4 ,socialwissensch4 vol4 ii4 ,berlin1 #ahii4 ---- ,rechtsverhltnisse von eingeborenen ,vlkern in ,afrika und ,ozeanien4 ,ed4 by ,s4 ,r4 ,s4 ,berlin1 #aijc4 ---- ',suicide among ,primitive ,peoples'2 in ,the ,american ,anthropologist1 vol4 vii4 ,washington1 #ahid4 ---- ',das ,verhltnis zwischen ,eltern und ,kindern bei den ,naturvlkern'2 in ,zeitschr4 f4 ,socialwissensch4 vol4 i4 ,berlin1 #ahih4 ,steller 7,e471 ,de ,sangi-,archipel4 ,amsterdam1 #ahff4 ,steller 7,g4 ,w471 ,beschreibung von dem ,lande ,kamtschatka4 ,frankfurt ,leipzig1 #aggd4 ,stemann 7,chr4 ,l4 ,e471 ,den danske ,retshistorie indtil ,christian ,v4's ,lov4 ,kjbenhavn1 #ahga4 ,stengel 7,paul71 ,die griechischen ,kultusaltertmer4 ,mnchen1 #ahih4 ,stephen 7,a4 ,m471 ',the ,navajo'2 in ,the ,american ,anthropologist1 vol4 vi4 ,washington1 #ahic4 ,stephen 7,h4 ,j471 ,new ,commentaries on the ,laws of ,england4 #d vols4 ,london1 #aijc4 ,stephen 7,james71 ,the ,slavery of the ,british ,west ,india ,colonies delineated4 #b vols4 ,london1 #ahbd-cj4 ,stephen 7,james ,fitzjames71 ,a ,digest of the ,criminal ,law4 ,london1 #ahid4 ---- ,a ,history of the ,criminal ,law of ,england4 #c vols4 ,london1 #ahhc4 ---- ,hora ,sabbatic4 #c vols4 ,london1 #ahia-ib4 ---- ,liberty1 ,equality1 ,fraternity4 ,london1 #ahgc4 ,stephen 7,leslie71 ,the ,science of ,ethics4 ,london1 #ahhb4 ,stephens 7,edward71 ',the ,aborigines of ,australia'2 in ,jour4 ,proceed4 ,roy4 ,soc4 ,n4 ,s4 ,wales1 vol4 xxiii4 ,sydney ,london1 #ahhi4 ,stevenson 7,matilda ,c471 ',a ,chapter of ,zui ,mythology'2 in ,memoirs of the ,international ,congress of ,anthropology4 ,chicago1 #ahid4 #hbe ,stevenson 7,matilda ,c471 ',the ,sia'2 in ,ann4 ,rep4 ,bur4 ,ethn4 vol4 xi4 ,washington1 #ahid4 ,stewart 7,david71 ,sketches of the ,character1 ,institutions1 and ,customs of the ,highlanders of ,scotland4 ,inverness1 c41 #ahhe4 ,stewart 7,dugald71 ,the ,philosophy of the ,active and ,moral ,powers of ,man4 #b vols4 ,edinburgh1 #ahbh4 ,stewart 7,r471 ',notes on ,northern ,cachar'2 in ,jour4 ,asiatic ,soc4 ,bengal1 vol4 xxiv4 ,calcutta1 #ahee4 ,stirling 7,e4 ,c471 ',anthropology'2 in ,report on the ,work of the ,horn ,scientific ,expedition to ,central ,australia1 pt4 iv4 ,london ,melbourne1 #ahif4 ,stobaeus 7,joannes71 ,florilegium4 ,ed4 by ,th4 ,gaisford4 #d vols4 ,oxonii1 #ahbb4 ,stokes 7,j4 ,lort71 ,discoveries in ,australia4 #b vols4 ,london1 #ahdf4 ,stokes 7,w471 ,all ,war inconsistent with the ,christian ,religion4 ,london1 #ahee4 ,stoll 7,otto71 ,die ,ethnologie der ,indianerstmme von ,guatemala4 ,leiden1 #ahhi4 ,stone 7,o4 ,c471 ,a ,few ,months in ,new ,guinea4 ,london1 #ahhj4 ,storch 7,henri71 ,cours d'conomie politique4 #f vols4 ,st4 ,ptersbourg1 #ahae4 ,storr 7,f471 ',duel'2 in ,encyclopdia ,britannica1 vol4 vii4 ,edinburgh1 #ahgg4 ,stout 7,g4 ,f471 ,the ,groundwork of ,psychology4 ,london1 #aijc4 ,strabo1 ,geographica4 ,parisiis1 #ahec4 ,strachey 7,william71 ,the ,historie of ,travaile into ,virginia ,britannia4 ,ed4 by ,r4 ,h4 ,major4 ,london1 #ahdi4 ,strack 7,h4 ,l471 ,der ,blutaberglaube in der ,menschheit4 ,mnchen1 #ahib4 ,strafgesetzbuch fr das ,deutsche ,reich 7,das74 ,leipzig1 #ahgf4 ,strauss 7,d4 ,f471 ,der alte und der neue ,glaube4 ,leipzig1 #ahgb4 ,strausz 7,adolf71 ,die ,bulgaren4 ,leipzig1 #ahih4 ,strieker 7,w471 ',ethnographische ,notizen ber den ,kindermord und die knstliche ,fruchtabtreibung'2 in ,archiv f4 ,anthropologie1 vol4 v4 ,braunschweig1 #ahgb4 ,strickland 7,samuel71 ,twenty-seven ,years in ,canada ,west4 #b vols4 ,london1 #ahec4 ,stroud 7,g4 ,m471 ,a ,sketch of the ,laws relating to ,slavery in the ,several ,states of the ,united ,states of ,america4 ,philadelphia1 #ahef4 ,strutt 7,joseph71 ,a ,complete ,view of the ,manners1 ,customs1 ,arms1 c4 of the ,inhabitants of ,england4 #c vols4 ,london1 #agge-gf4 ,struve 7,b4 von71 ',die ,samojeden im ,norden von ,sibirien'2 in ,das ,ausland1 vol4 liii4 ,stuttgart1 #ahhj4 ,strzelecki 7,p4 ,e4 de71 ,physical ,description of ,new ,south ,wales and ,van ,diemen's ,land4 ,london1 #ahde4 ,stuhlmann 7,franz71 ,mit ,emin ,pascha ins ,herz von ,afrika4 ,berlin1 #ahid4 ,sturt 7,charles71 ,narrative of an ,expedition into ,central ,australia4 #b vols4 ,london1 #ahdi4 ,suarez de ,paz 7,gonalo71 ,praxis ecclesiastica et secularis4 ,salamanticae1 #aehc4 ,suetonius ,tranquillus 7,c471 ,de vita ,csarum4 ,ed4 by ,c4 ,l4 ,roth4 ,lipsiae1 #ahhf4 ,sugenheim 7,s471 ,geschichte der ,aufhebung der ,leibeigenschaft und ,hrigkeit in ,europa4 ,st4 ,petersburg1 #ahfa4 ,sully 7,james71 ,studies of ,childhood4 ,london1 #ahie4 ,sumner 7,w4 ,g471 ',the ,yakuts1' from the ,russian of ,sieroshevski2 in ,jour4 ,anthr4 ,inst4 vol4 xxxi4 ,london1 #aija4 ,suomi4 ,helsingfors4 #hbf ,sutherland 7,alex471 ,the ,origin and ,growth of the ,moral ,instinct4 #b vols4 ,london1 #ahih4 ,swan 7,james ,g471 ,the ,northwest ,coast2 or1 ,three ,years' ,residence in ,washington ,territory4 ,new ,york1 #aheg4 ,swettenham 7,f4 ,a471 ,malay ,sketches4 ,london ,new ,york1 #ahie4 ,swift 7,j471 ,works4 ,with notes by ,sir ,w4 ,scott4 #ai vols4 ,edinburgh1 #ahbd4 ',t ,hsio'2 in ,legge1 ,the ,chinese ,classics1 vol4 i4 ,oxford1 #ahic4 ,ta ,tsing ,leu ,lee4 ,trans4 by ,sir ,g4 ,th4 ,staunton4 ,london1 #ahaj4 ,tacitus 7,c4 ,c471 ,opera omnia4 #aa vols4 ,londini1 #ahba4 ,tallqvist 7,k4 ,l471 ',die assyrische ,beschwrungsserie maql'2 in ,acta ,soc4 ,scientiarum ,fennic1 vol4 xx4 ,helsingfors1 #ahie4 ,talmud de ,jrusalem 7,le74 ,trans4 by ,m4 ,schwab1 #aa vols4 ,paris1 #ahga-hi4 ',to ,teh ,king 7,the71' trans4 by ,j4 ,legge2 in ,the ,sacred ,books of the ,east1 vol4 xxxix4 ,oxford1 #ahia4 ,taplin 7,george71 ,the ,folklore1 ,manners1 ,customs1 and ,languages of the ,south ,australian ,aborigines4 ,ed4 by ,g4 ,t4 ,adelaide1 #ahgi4 ---- ',the ,narrinyeri'2 in ,woods1 ,native ,tribes of ,south ,australia4 ,adelaide1 #ahgi4 ,taprobanian 7,the74 ,bombay4 ,tasmanian ,journal of ,natural ,science1 c4 ,hobart ,town4 ,taylor 7,jeremy71 ,the ,whole ,works of4 ,ed4 by ,r4 ,heber4 #ae vols4 ,london1 #ahbb4 ,taylor 7,r47 ,te ,ika a ,maui2 or1 ,new ,zealand and its ,inhabitants4 ,london1 #ahgj4 ,tedeschi 7,p471 ,la schiavit4 ,piacenza1 #ahhb4 ,teit 7,james71 ',the ,thompson ,indians of ,british ,columbia'2 in ,memoirs of the ,american 9999,museum of ,natural ,history1 vol4 ii41 ,anthropology1 vol4 i4 ,new ,york1 #aijj4 ,tennent 7,sir ,j4 ,emerson71 ,ceylon4 #b vols4 ,london1 #ahfj4 ,terme 7,j4-,f47 and ,montfalcon 7,j4-,b471 ,histoire des enfants trouvs4 ,paris1 #ahdj4 ,tertullian1 ,opera omnia4 #c vols4 7,migne1 ,patrologi cursus1 vols4 i4-iii47 ,parisiis1 #ahdd4 ,tettau 7,w4 ,j4 ,a4 von71 and ,temme 7,j4 ,d4 ,h471 ,die ,volkssagen ,ostpreussens1 ,litthauens und ,westpreussens4 ,berlin1 #ahcg4 ,texte 7,j471 ,jean-,jacques ,rousseau and the ,cosmopolitan ,spirit in ,literature4 ,trans4 ,london1 #ahii4 ',thi-,shang 7,the71' trans4 by ,j4 ,legge2 in ,the ,sacred ,books of the ,east1 vol4 xl4 ,oxford1 #ahia4 ,theal 7,g4 ,m4 ,m',call71 ,history of the ,boers in ,south ,africa4 ,london1 #ahhg4 ,theognis1 ,studies in1 together with a ,text of the ,poems4 ,by ,e4 ,harrison4 ,cambridge1 #aijb4 ,theologische ,quartalschrift4 ,tbingen4 ,throu 7,abb71 ,le christianisme et l'esclavage4 ,paris1 #ahda4 ,thesleff 7,a471 ',zigenarlif i ,finland'2 in ,nya ,pressen1 #ahig1 no4 #cca ,b4 ,helsingfors4 ,thiers 7,a471 ,de la proprit4 ,paris1 #ahdh4 ,thomas 7,n4 ,w471 ',baiame and the ,bell-bird'2 in ,man1 #aije4 ,london4 ---- ,kinship ,organisations and ,group ,marriage in ,australia4 ,cambridge1 #aijf4 ---- ',religious ,ideas of the ,arunta'2 in ,folk-,lore1 vol4 xvi4 ,london1 #aije4 #hbg ,thomas ,aquinas 7,saint71 ,summa theologica1 #d vols4 7,migne1 ,patrologi cursus1 ,ser4 ,secunda1 vols4 i4-iv47 ,parisiis1 #ahde-df4 ,thomassin 7,louis71 ,dictionnaire de discipline ecclsiastique4 ,ed4 by ,j4-,j4 ,bourass4 #b vols4 ,paris1 #ahef4 ,thoms 7,w4 ,j471 ,anecdotes and ,traditions1 ,illustrative of ,early ,english ,history and ,literature4 ,london1 #ahci4 ,thomson 7,a4 ,s471 ,the ,story of ,new ,zealand4 #b vols4 ,london1 #ahei4 ,thomson 7,basil ,c471 ,savage ,island4 ,london1 #aijb4 ,thomson 7,j4 ,p471 ,british ,new ,guinea4 ,london1 #ahib4 ,thomson 7,joseph71 ,through ,masai ,land4 ,london1 #ahhg4 ,thon 7,august71 ,rechtsnorm und subjectives ,recht4 ,weimar1 #ahgh4 ,thonissen 7,j4 ,j471 ,le droit pnal de la rpublique athnienne4 ,bruxelles ,paris1 #ahge4 ,thorpe 7,benjamin71 ,northern ,mythology4 #c vols4 ,london1 #ahea4 ,three ,early ,assize ,rolls for the ,county of ,northumberland1 sc4 xiii4 7,the ,publications of the ,surtees ,society1 vol4 lxxxviii47 ,durham1 #ahia4 ,threlkeld 7,l4 ,e471 ,an ,australian ,language as spoken by the ,awabakal4 ,sydney1 #ahib4 ,thrupp 7,john71 ,the ,anglo-,saxon ,home4 ,london1 #ahfb4 ,thucydides1 ,historia ,belli ,peloponnesiaci4 ,parisiis1 #ahdj4 ,thunberg 7,ch4 ,p471 ,travels in ,europe1 ,africa1 and ,asia1 performed between the ,years #aggj and #aggi4 #d vols4 ,london1 #agie4 ,thurston 7,edgar71 ',anthropology of the ,todas and ,kotas of the ,nilgiri ,hills'2 in the ,madras ,government ,museum's ,bulletin1 vol4 i4 ,madras1 #ahif4 ---- ',the ,badgas of the ,nilgiris'2 in the ,madras ,government ,museum's ,bulletin1 vol4 ii4 ,madras1 #ahig4 ,tickell 7--71 ',memoir on the ,hodsum2 in ,jour4 ,asiatic ,soc4 ,bengal1 vol4 ix4 ,calcutta1 #ahdj4 ,tiele 7,c4 ,p471 ,elements of the ,science of ,religion4 #b vols4 ,edinburgh ,london1 #ahig-ii4 ---- ,history of the ,egyptian ,religion4 ,trans4 ,london1 #ahhb4 ---- ,max ,mller und ,fritz ,schultze ber ein ,problem der ,religionswissenschaft4 ,trans4 ,leipzig1 #ahga4 ,tissot 7,j471 ,le droit pnal tudi dans ses principes4 #b vols4 ,paris1 #ahfj4 ,tnnies 7,f471 ',philosophical ,terminology'2 in ,mind1 new ser4 vol4 viii4 ,london1 #ahii4 ,toplady 7,a4 ,m471 ,the ,works of4 ,london1 #ahec4 ,torday 7,e47 and ,joyce 7,t4 ,a471 ',notes on the ,ethnography of the ,ba-,huana'2 in ,jour4 ,anthr4 ,inst4 vol4 xxxvi4 ,london1 #aijf4 ---- ',notes on the ,ethnography of the ,ba-,mbala'2 in ,jour4 ,anthr4 ,inst4 vol4 xxxv4 ,london1 #aije4 ---- ',notes on the ,ethnography of the ,ba-,yaka'2 in ,jour4 ,anthr4 ,inst4 vol4 xxxvi4 ,london1 #aijf4 ,torquemada 7,juan de71 ,veinte y un libros rituales y ,monarchia ,indiana4 #c vols4 ,madrid1 #agbc4 ,tout 7,ch4 ,hill71 ',report on the ,ethnology of the ,siciatl of ,british ,columbia2 in ,jour4 ,anthr4 ,inst4 vol4 xxxiv4 ,london1 #aijd4 ---- ',report on the ,ethnology of the ,stlatlumh of ,british ,columbia'2 in ,jour4 ,anthr4 ,inst4 vol4 xxxv4 ,london1 #aije4 ,toy 7,c4 ,h471 ,judaism and ,christianity4 ,london1 #ahij4 ,transactions and ,proceedings of the ,new ,zealand ,institute4 ,wellington4 #hbh,transactions of the ,american ,ethnological ,society4 ,new ,york4 ---- of the ,asiatic ,society of ,japan4 ,yokohama4 ---- of the ,china ,branch of the ,royal ,asiatic ,society4 ,hongkong4 ---- of the ,ethnological ,society of ,london4 ,new ,series4 ,london4 ---- of the ,royal 9999,society of ,edinburgh4 ---- of the ,royal ,society of ,south ,australia4 ,adelaide4 ,travers 7,w4 ,t4 ,l471 ',on the ,life and ,times of ,te ,rauparaha'2 in ,trans4 and ,proceed4 ,new ,zealand ,inst4 #ahgb1 vol4 v4 ,wellington1 #ahgc4 ,tregear 7,e471 ',easter ,island'2 in ,jour4 ,polynesian ,soc4 vol4 i4 ,wellington1 #ahib4 ---- ,the ,maori-,polynesian ,dictionary4 ,wellington1 #ahia4 ---- ',niue'2 in ,jour4 ,polynesian ,soc4 vol4 ii4 ,wellington1 #ahic4 ,tristram 7,h4 ,b471 ,the ,great ,sahara4 ,london1 #ahfj4 ,trollope 7,anthony71 ,south ,africa4 #b vols4 ,london1 #ahgh4 ,tromp 7,s4 ,w471 ',uit de ,salasila van ,koetei'2 in ,bijdragen tot de taal-1 land- en volkenkunde van ,nederlandsch-,indi1 vol4 xxxvii4 7ser4 v4 vol4 iii474 's ,gravenhage1 #ahhh4 ,truman 7,b4 ,c471 ,the ,field of ,honor4 ,london1 #ahhd4 ,trumbull 7,h4 ,clay71 ,the ,blood ,covenant4 ,philadelphia1 #ahic4 ---- ,the ,threshold ,covenant4 ,new ,york1 #ahif4 ,trummer 7,c471 ,vortrge ber ,tortur1 ,hexenverfolgungen1 c4 in der ,hamburgischen ,rechtsgeschichte4 #c vols4 ,hamburg1 #ahdd-di4 ,tschudi 7,j4 ,j4 von71 ,reisen durch ,sdamerika4 #e vols4 ,leipzig1 #ahff-fi4 ,tucker 7,abraham71 ,the ,light of ,nature pursued4 #b vols4 ,london1 #ahdj4 ,tuckey 7,j4 ,k47 ,narrative of an ,expedition to explore the ,river ,zaire4 ,london1 #ahah4 ,tuke 7,d4 ,h471 ,chapters in the ,history of the ,insane in the ,british ,isles4 ,london1 #ahhb4 ---- ,a ,dictionary of ,psychological ,medicine4 #b vols4 ,london1 #ahib4 ,turnbull 7,john71 ,a ,voyage round the ,world1 in the ,years #ahjj-ahjd4 ,london1 #ahac4 ,turner 7,george71 ,nineteen ,years in ,polynesia4 ,london1 #ahfa4 ---- ,samoa4 ,london1 #ahhd4 ,turner 7,james71 ,pallas ,armata4 ,london1 #afhc4 ,turner 7,l4 ,m471 ',ethnology of the ,ungava ,district1 ,hudson ,bay ,territory'2 in ,ann4 ,rep4 ,bur4 ,ethn4 vol4 xi4 ,washington1 #ahid4 ,turner 7,sharon71 ,the ,history of ,england4 #ab vols4 ,london99991 #ahci4 ,tutuila 7--71 ',the ,line ,islanders'2 in ,jour4 ,polynesian ,soc4 vol4 i4 ,wellington1 #ahib4 ,twells 7,leonard7 and others1 ,the ,lives of ,dr4 ,e4 ,pocock1 c4 #b vols4 ,london1 #ahaf4 ,twiss 7,sir ,travers71 ,the ,law of ,nations4 ,oxford ,london1 #ahge4 ,tyler 7,josiah71 ,forty ,years among the ,zulus4 ,boston ,chicago1 #ahia4 ,tylor 7,sir ,e4 ,b471 ,anthropology4 ,london1 #ahie4 ---- ',on the ,limits of ,savage ,religion'2 in ,jour4 ,anthr4 ,inst4 vol4 xxi4 ,london1 #ahib4 ---- ',on a ,method of investigating the ,development of ,institutions'2 in ,jour4 ,anthr4 ,inst4 vol4 xviii4 ,london1 #ahhi4 ---- ,primitive ,culture4 #b vols4 ,london1 #aijc4 ---- ',primitive ,society'2 in ,the ,contemporary ,review1 vols4 xxi4-xxii4 ,london1 #ahgc4 #hbi ,tylor 7,e4 ,b471 ',remarks on ,totemism'2 in ,jour4 ,anthr4 ,inst4 vol4 xxviii4 ,london1 #ahii4 ---- ,researches into the ,early ,history of ,mankind4 ,london1 #ahgh4 ---- ',salutations'2 in ,encyclopdia ,britannica1 vol4 xxi4 ,london1 #ahhf4 ,uhlhorn 7,g471 ,die christliche ,liebesthtigkeit4 #c vols4 ,stuttgart1 #ahhb-ij4 ,unger 7,f4 ,w471 ',der gerichtliche ,zweikampf bei den germanischen ,vlkern'2 in ,gttinger ,studien1 #ahdg1 ,zweite ,abtheilung3 ,philosophische1 philologische und historische ,abhandlungen4 ,gttingen4 ,urquhart 7,d471 ,the ,spirit of the ,east4 #b vols4 ,london1 #ahch4 ,usener 7,h471 ,gtternamen4 ,bonn1 #ahif4 ,utievsenovi'c 7,o4 ,m471 ,die ,hauskommunionen der ,sdslaven4 ,wien1 #ahei4 ,valerius ,maximus1 ,factorum dictorumque memorabilium libri novem4 #c vols4 ,londini1 #ahbc4 ,valikhanof 7--7 and others1 ,the ,russians in ,central ,asia4 ,trans4 by ,j4 and ,r4 ,michell4 ,london1 #ahfe4 ,vallon 7,ch47 and ,marie 7,a471 ',des psychoses religieuses'2 in ,archives de neurologie1 ser4 ii4 vol4 iii4 ,paris1 #ahig4 ,valroger 7,l4 de71 ,les ,celtes4 ,paris1 #ahgi4 ,vmbry 7,h471 ,der ,islam im neunzehnten ,jahrhundert4 ,leipzig1 #ahge4 ---- ,travels in ,central ,asia4 ,london1 #ahfd4 ---- ,das ,trkenvolk4 ,leipzig1 #ahhe4 ,vangerow 7,k4 ,a4 von71 ,lehrbuch der ,pandekten4 #c vols4 ,marburg ,leipzig1 #ahgf4 ,varro 7,m4 ,terentius71 ,de lingua ,latina4 ,ed4 by ,m4 ,nisard4 ,paris1 #ahej4 ---- ,rerum rusticarum libri tres4 ,lipsiae1 #ahhi4 ',vasishtha1' trans4 by ,g4 ,bhler2 in ,the ,sacred ,books of the ,east1 vol4 xiv4 ,oxford1 #ahhb4 ,vattel 7,e4 de71 ,le droit des gens4 #b vols4 ,neuchatel1 #aggg4 ,velten 7,c471 ,sitten und ,gebruche der ,suaheli4 ,gttingen1 #aijc4 ,venddd 7,the74 ,trans4 by ,j4 ,darmesteter4 7,the ,sacred ,books of the ,east1 vol4 iv47 ,oxford1 #ahie4 ',venedotian ,code 7,the7'2 in ,ancient ,laws and ,institutes of ,wales4 ,london1 #ahda4 ,verhandlungen der ,berliner ,gesellschaft fr ,anthropologie1 ,ethnologie und ,urgeschichte4 ,berlin4 ,vierkandt 7,a471 ,naturvlker und ,kulturvlker4 ,leipzig1 #ahif4 ,vigfusson 7,gudbrand7 and ,powell 7,f4 ,york71 ,corpus ,poeticum ,boreale4 #b vols4 ,oxford1 #ahhc4 ,vignioli 7,tito71 ,myth and ,science4 ,london1 #ahhb4 ,villemain 7,a4 ,f471 ,cours de littrature franaise4 ,littrature du moyen ge4 #b vols4 ,paris1 #ahcj4 ,villot 7,e471 ,moeurs1 coutumes et institutions des indignes de l',algrie4 ,alger1 #ahhh4 ,vincentius ,bellovacensis1 ,speculum naturale4 ,venetijs1 #adid4 ,vinnius 7,a471 ,in quatuor libros institutionum imperialium commentarius4 ,lugduni1 #agdg4 ,vinogradoff 7,paul71 ,villainage in ,england4 ,oxford1 #ahib4 ,virgilius ,maro 7,p471 ,opera omnia4 #aj vols4 ,londini1 #ahai4 ,vischer 7,wilhelm71 ,kleine ,schriften4 #b vols4 ,leipzig1 #ahgg-gh4 ,vishnu1 ,the ,institutes of4 ,see ,institutes of ,vishnu 7,the74 #hcj,vish'nu ,pur'na 7,the74 ,trans4 by ,h4 ,h4 ,wilson4 ,london1 #ahdj4 ,volkens 7,georg71 ,der ,kilimandscharo4 ,berlin1 #ahig4 ,voltaire 7,f4 ,m4 ,arouet de71 ,,oeuvres compltes4 #gj vols4 ,s4 l41 #aghe-hi4 7,quoted in vol4 i47 ---- ,,oeuvres compltes4 #ac vols4 ,paris1 #ahcf-ch4 7,quoted in vol4 ii47 ,vos 7,h471 ',die ,verbreitung der ,anthropophagie auf dem asiatischen ,festlande'2 in ,internat4 ,archiv f4 ,ethnogr4 vol4 iii4 ,leiden1 #ahij4 ,vossische ,zeitung4 ,berlin4 ,wachsmuth 7,wilhelm71 ,hellenische ,alterthumskunde4 #b vols4 ,halle1 #ahdf4 ,waddell 7,l4 ,a471 ,the ,buddhism of ,tibet4 ,london1 #ahie4 ,wachter 7,c4 ,g4 von71 ,beitrge zur ,deutschen ,geschichte4 ,tbingen1 #ahde4 ,waitz 7,theodor71 ,anthropologie der ,naturvlker4 #f vols4 7vols4 v4 pt4 ii4 and vol4 vi4 by ,g4 ,gerland74 ,leipzig1 #ahei-gb4 ---- ,introduction to ,anthropology4 ,trans4 ,london1 #ahfc4 ,wall 7,w471 ,the ,history of ,infant-,baptism4 #b vols4 ,oxford1 #ahfb4 ,wallace 7,a4 ,russel71 ,the ,malay ,archipelago4 ,london1 #ahij4 ---- ,travels on the ,amazon and ,rio ,negro4 ,london1 #ahec4 ,wallace 7,d4 ,mackenzie71 ,russia4 #b vols4 ,london1 #ahgg4 ,wallin 7,g4 ,a471 ,frsta ,resa frn ,cairo till ,arabiska knen #ahde4 ,helsingfors1 #ahec4 ---- ,notes taken during a ,journey through ,part of ,northern ,arabia1 in #ahdh4 7,reprinted from ,jour4 ,roy4 ,geo4 ,soc4 vol4 xx47 ,london1 #ahej-ea4 ---- ,reseanteckningar frn ,orienten ren #ahdc-ahdi4 ,ed4 by ,s4 ,g4 ,elmgren4 #d vols4 ,helsingfors1 #ahfd-ff4 ,wallon 7,h471 ,histoire de l'esclavage dans l'antiquit4 #c vols4 ,paris1 #ahgi4 ,walter 7,ferdinand71 ,das alte ,wales4 ,bonn1 #ahei4 ---- ,geschichte des ,rmischen ,rechts bis auf ,justinian4 #b vols4 ,bonn1 #ahfj-fa4 ,ward 7,herbert71 ,five ,years with the ,congo ,cannibals4 ,london1 #ahij4 ,ward 7,robert71 ,an ,enquiry into the ,foundation and ,history of the ,law of ,nations in ,europe1 from the ,time of the ,greeks and ,romans1 to the ,age of ,grotius4 #b vols4 ,london1 #agie4 ,ward 7,w471 ,a ,view of the ,history1 ,literature1 and ,religion of the ,hindoos4 #d vols4 ,london1 #ahag-bj4 ,wardlaw 7,r471 ,four ,sermons3 ,two on ,man's ,accountableness for his ,belief1 c4 ,glasgow1 #ahcj4 ,waronen 7,matti71 ,vainajainpalvelus muinaisilla suomalaisilla4 ,helsingiss1 #ahie4 ,wasserschleben 7,f4 ,w4 ,h471 ,die ,bussordnungen der abendlndischen ,kirche4 ,halle1 #ahea4 ,waterland 7,d471 ',sermon on ,self-,love'2 in ,the ,english ,preacher1 vol4 i4 ,london1 #aggc4 ,watson 7,j4 ,selby71 ,the ,reasoning ,power in ,animals4 ,london1 #ahfg4 ,wayland 7,francis71 ,the ,elements of ,moral ,science4 ,london1 #ahfc4 ,weber 7,a471 ,indische ,streifen4 #c vols4 ,berlin ,leipzig1 #ahfh-gi4 ---- ',eine ,legende des atapatha-,brhman4a ber die strafende ,vergeltung nach dem ,tode'2 in ,zeitschr4 der ,deutschen ,morgenlndischen ,gesellsch4 vol4 ix4 ,leipzig1 #ahee4 ,weber 7,e4 von71 ,vier ,jahre in ,afrika4 #b vols4 ,leipzig1 #ahgh4 ,webster 7,hutton71 ,rest ,days4 ,new ,york1 #aiaf4 ,weddell 7,james71 ,a ,voyage towards the ,south ,pole4 ,london1 #ahbe4 #hca ,wegener 7,h47 ,geschichte der christlichen ,kirche auf dem ,gesellschafts-,archipel4 ,berlin1 #ahdd4 ,weinhold 7,karl71 ,altnordisches ,leben4 ,berlin1 #ahef4 ---- ,die deutschen ,frauen in dem ,mittelalter4 #b vols4 ,wien1 #ahhb4 ,welcker 7,f4 ,g471 ,griechische ,gtterlehre4 #c vols4 ,gttingen1 #aheg4 ---- ,kleine ,schriften4 #c vols4 ,bonn1 #ahdd-ej4 ,wellhausen 7,j471 ,prolegomena to the ,history of ,israel4 ,trans4 ,london1 #ahhe4 ---- ,reste des arabischen ,heidentums4 ,berlin1 #ahig4 ,welling 7,j4 ,c471 ',the ,law of ,torture'2 in ,the ,american ,anthropologist1 vol4 v4 ,washington1 #ahib4 ',welsh ,laws'2 in ,ancient ,laws and ,institutes of ,wales4 ,london1 #ahda4 ,westcott 7,b4 ,f471 ,essays in the ,history of ,religious ,thought in the ,west4 ,london1 #ahia4 ,westcott 7,w4 ,w471 ,suicide4 ,london1 #ahhe4 ,westermarck 7,edward71 ',l-7r1 or the ,transference of ,conditional ,curses in ,morocco'2 in ,anthropological ,essays presented to ,e4 ,b4 ,tylor4 ,london1 #aijg4 ---- ,ceremonies and ,beliefs connected with ,agriculture1 certain ,dates of the ,solar ,year1 and the ,weather in ,morocco4 7fversigt af ,finska ,vetenskaps-,societetens ,frhandlingar4 ,bd4 ,,liv41 #aiaa-aiab4 ,afd4 ,b4 ,n3 o #a7 ,helsingfors1 #aiac4 ---- ,the ,history of ,human ,marriage4 ,london1 #ahid4 ---- ',the ,magic ,origin of ,moorish ,designs'2 in ,jour4 ,anthr4 ,inst4 vol4 xxxiv4 ,london1 #aijd4 ---- ,marriage ,ceremonies in ,morocco4 ,london1 #aiad4 ---- ',mthode pour la recherche des institutions prhistoriques propos d'un ouvrage du professeur ,kohler'2 in ,revue internationale de sociologie1 vol4 v4 ,paris1 #ahig4 ---- ',midsummer ,customs in ,morocco'2 in ,folk-,lore1 vol4 xvi4 ,london1 #aije4 ---- ,the ,moorish ,conception of ,holiness 7,baraka74 7fversigt af ,finska ,vetenskaps-,societetens ,frhandlingar4 ,bd4 ,,lviii41 #aiae-aiaf4 ,afd4 ,b4 ,n3 o #a7 ,helsingfors1 #aiaf4 ---- ',the ,nature of the ,arab v,ginn1 ,illustrated by the present ,beliefs of the ,people of ,morocco'2 in ,jour4 ,anthr4 ,inst4 vol4 xxix4 ,london1 #aijj4 ---- ',normative und psychologische ,ethik'2 in ,bericht ber den ,,iii4 ,international ,congress fr ,psychologie in ,mnchen4 ,mnchen1 #ahig4 ---- ',the ,popular ,ritual of the ,great ,feast in ,morocco'2 in ,folk-,lore1 vol4 xxii4 ,london1 #aiaa4 ---- ',the ,position of ,woman in ,early ,civilisation'2 in ,sociological ,papers1 vol4 i41 #aijd4 ,london1 #aije4 ---- ',sul culto dei santi nel ,marocco'2 in ,actes du douzime ,congrs ,international des ,orientalistes1 ,rome1 #ahii1 vol4 iii4 pt4 i4 ,florence1 #aijb4 ,westgta-,lagen4 ,ed4 by ,h4 ,s4 ,collin and ,c4 ,j4 ,schlyter4 7,corpus ,juris ,sueo-,gotorum ,antiqui1 vol4 i47 ,stockholm1 #ahbg4 ,wheaton 7,henry71 ,elements of ,international ,law4 ,ed4 by ,a4 ,c4 ,boyd4 ,london1 #ahhi4 ,wheeler 7,g4 ,c471 ,the ,tribe1 and ,intertribal ,relations in ,australia4 ,london1 #aiaj4 ,wheeler 7,j4 ,d471 ,a ,practical ,treatise on the ,law of ,slavery4 ,new ,york ,new ,orleans1 #ahcg4 ,wheeler 7,j4 ,talboys71 ,the ,history of ,india4 #d vols4 ,london1 #ahfg-gd4 #hcb ,wherry 7,e4 ,m471 ,a ,comprehensive ,commentary on the ,qurn4 #d vols4 ,london1 #ahhb-hf4 ,whewell 7,william71 ,the ,elements of ,morality4 ,cambridge1 #ahfd4 ,whitney 7,w4 ,d471 ',on the ,main ,results of the later ,vedic ,researches in ,germany'2 in ,jour4 ,american ,oriental ,soc4 vol4 iii4 ,new ,york1 #ahec4 ,wichmann 7,yrj71 ',tietoja ,votjaakkien mytologiiasta'2 in ,suomi1 ser4 iii4 vol4 vi4 ,helsingiss1 #ahic4 ,wied-,neuwied 7,maximilian ,prinz zu71 ,reise nach ,brasilien in den ,jahren #ahae bis #ahag4 #b vols ,frankfurt a4,m41 #ahbj-ba4 ---- ,travels in the ,interior of ,north ,america4 ,trans4 ,london1 #ahdc4 ,wiedemann 7,alfred71 ,the ,ancient ,egyptian ,doctrine of the ,immortality of the ,soul4 ,trans4 ,london1 #ahie4 ---- ,herodots zweites ,buch mit sachlichen ,erluterungen herausgegeben von4 ,leipzig1 #ahij4 ---- ',maa1 desse de la vrit'2 in ,annales du ,muse ,guimet1 vol4 x4 ,paris1 #ahhg4 ---- ,religion of the ,ancient ,egyptians4 ,london1 #ahig4 ,wiener 7,j471 ',die alttestamentarischen ,speiseverbote'2 in ,zeitschr4 f4 ,ethnol4 vol4 viii4 ,berlin1 #ahge4 ,wiener ,medizinische ,wochenschrift4 ,wien4 ,wigmore 7,j4 ,h471 ',responsibility for ,tortious ,acts'2 in ,harvard ,law ,review1 vol4 vii41 #ahic-id4 ,cambridge 7,mass471 #ahid4 ,wihtrd 7,king71 ',the ,laws of'2 in ,ancient ,laws and ,institutes of ,england4 ,london1 #ahdj4 ,wilda 7,w4 ,e471 ,das ,strafrecht der ,germanen4 ,halle1 #ahdb4 ,wilken 7,g4 ,a471 ,het animisme bij de volken van den ,indischen ,archipel4 ,amsterdam1 #ahhd-he4 ---- ,huwelijken tusschen bloedverwanten4 7,reprinted from ,de ,gids1 #ahij1 no4 #f47 ,amsterdam4 ---- ,over de verwantschap en het huwelijks- en erfrecht bij de volken van het maleische ras4 7,reprinted from ,de ,indische ,gids1 ,may1 #ahhc47 ,amsterdam4 ---- ',plechtigheden en gebruiken bij verlovingen en huwelijken bij de volken van den ,indischen ,archipel'2 in ,bijdragen tot de taal-1 land- en volkenkunde van ,nederlandsch-,indi1 ser4 v4 vols4 i41 iv4 's ,gravenhage1 #ahhf1 #ahhi4 ---- ',het ,strafrecht bij de volken van het maleische ras'2 in ,bijdragen tot de taal-1 land- en volkenkunde van ,nederlandsch-,indi1 ,land- en volkenkunde1 #ahhc4 's ,gravenhage4 ---- ',ueber das ,haaropfer und einige andere ,trauergebruche bei den ,vlkern ,indonesien's'2 in ,revue coloniale internationale1 vols4 iii4-iv4 ,amsterdam1 #ahhf1 vol4 ii41 and #ahhg1 vol4 i4 ,amsterdam4 ,wilkes 7,charles71 ,narrative of the ,united ,states ,exploring ,expedition during the ,years #ahch-db4 #e vols4 ,philadelphia ,london1 #ahde4 ,wilkin 7,anthony71 in ,reports of the ,cambridge ,anthropological ,expedition to ,torres ,straits1 vol4 v4 ,cambridge1 #aijd4 ,wilkins 7,d471 ,concilia ,magn ,britanni et ,hiberni4 #d vols4 ,london1 #agcg4 ,wilkins 7,w4 ,j471 ,modern ,hinduism4 ,london1 #ahhg4 ,william the ,conqueror 7,king71 ',the ,laws of'2 in ,ancient ,laws and ,institutes of ,england4 ,london1 #ahdj4 ,williams 7,charles71 ,dogs and their ,ways4 ,london1 #ahfc4 ,williams 7,john71 ,a ,narrative of ,missionary ,enterprises in the ,south ,sea ,islands4 ,london1 #ahcg4 #hcc ,williams 7,monier74 ,see ,monier-,williams 7,monier74 ,williams 7,s4 ,wells71 ,the ,middle ,kingdom4 #b vols4 ,new ,york1 #ahhc4 ,williams 7,thomas7 and ,calvert 7,james71 ,fiji and the ,fijians4 ,london1 #ahgj4 ,wilson 7,andrew71 ,the ,abode of ,snow4 ,edinburgh ,london1 #ahgf4 ,wilson 7,c4 ,t47 and ,felkin 7,r4 ,w471 ,uganda and the ,egyptian ,soudan4 #b vols4 ,london1 #ahhb4 ,wilson 7,h4 ,h471 ',a ,sketch of the ,religious ,sects of the ,hindus'2 in ,asiatic ,researches1 vol4 xvi4 ,calcutta1 #ahbh4 ---- ,works4 #ab vols4 ,london1 #ahfb-ga4 ,wilson 7,j4 ,leighton71 ,western ,africa4 ,london1 #ahef4 ,wilson 7,j4 ,m47 and ,fowler 7,th471 ,the ,principles of ,morals4 #b parts4 ,oxford1 #ahhf-hg4 ,wilson 7,james71 ,a ,missionary ,voyage to the ,southern ,pacific ,ocean1 performed in the ,years #agif-agih4 ,london1 #agii4 ,wilson 7,m471 ,charity ,mistaken4 ,st4 ,omer1 #afcj4 ,wilson 7,sir ,r4 ,k471 ,history of ,modern ,english ,law4 ,london1 c41 #ahge4 ,wilson 7,s4 ,g471 ,persian ,life and ,customs4 ,edinburgh ,london1 #ahif4 ,windischmann 7,f471 ,zoroastrische ,studien4 ,ed4 by ,f4 ,spiegel4 ,berlin1 #ahfc4 ,winroth 7,a471 ,offentlig rtt4 ,familjertt3 ktenskapshindren4 ,lund1 #ahij4 ,winter 7,j471 ,die ,stellung der ,sklaven bei den ,juden in rechtlicher und gesellschaftlicher ,beziehung nach talmudischen ,quellen4 ,breslau1 #ahhf4 ,winterbottom 7,thomas71 ,an ,account of the ,native ,africans in the ,neighbourhood of ,sierra ,leone4 #b vols4 ,london1 #ahjc4 ,winternitz 7,m471 ',das altindische ,hochzeitsrituell'2 in ,denkschriften der kaiserlichen ,akademie der ,wissenschaften1 ,philosophisch-historische ,classe1 vol4 xl4 ,wien1 #ahib4 ---- ',einige ,bemerkungen ber das ,bauopfer bei den ,indern'2 in ,mittheilungen der ,anthropologischen ,gesellschaft in ,wien1 vol4 xvii4 ,wien1 #ahhg4 ,wissmann 7,h4 von71 ,unter deutscher ,flagge quer durch ,afrika4 ,berlin1 #ahhi4 ---- ,wolf 7,l471 ,franois 7,c4 von71 and ,mueller 7,h471 ,im ,innern ,afrikas4 ,leipzig1 #ahia4 ,wissowa 7,georg71 ,religion und ,kultus der ,rmer4 ,mnchen1 #aijb4 ,wlislocki 7,h4 von71 ,volksglaube und religiser ,brauch der ,magyaren4 ,mnster i4,w41 #ahic4 ---- ,volksglaube und religiser ,brauch der ,zigeuner4 ,mnster i4,w41 #ahia4 ,woldt 7,a471 ,kaptein ,jacobsens ,reiser til ,nordamerikas ,nordvestkyst #ahha-ahhc4 ,trans4 ,kristiania1 #ahhg4 ,wolff 7,christian von71 ,jus ,gentium4 ,francofurti ,lipsiae1 #agfd4 ,wolseley 7,g4 ,j4 ,viscount71 ,the ,soldier's ,pocket-,book for ,field ,service4 ,london1 #ahhf4 ,wood 7,john71 ,a ,personal ,narrative of a ,journey to the ,source of the ,river ,oxus4 ,london1 #ahda4 ,wood-,martin 7,w4 ,g471 ,traces of the ,elder ,faiths of ,ireland4 #b vols4 ,london1 #aijb4 ,wood-,renton 7,a471 ',moral ,mania'2 in ,the ,law ,quarterly ,review1 vol4 iii4 ,london1 #ahhg4 ,woods 7,j4 ,d471 ,the ,native ,tribes of ,south ,australia2 with an ,introductory ,chapter by ,j4 ,d4 ,w4 ,adelaide1 #ahgi4 ,woodthorpe 7,r4 ,g471 ',some ,account of the ,shans and ,hill ,tribes of the ,states on the ,mekong'2 in ,jour4 ,anthr4 ,inst4 vol4 xxvi4 ,london1 #ahig4 #hcd ,worcester 7,dean ,c471 ,the ,philippine ,islands and their ,people4 ,new ,york1 #ahih4 ,world 7,the74 ,by ,adam ,fitz-,adam4 #d vols4 ,london1 #agec-ef4 ,wrangell 7,f4 von71 ,narrative of an ,expedition to the ,polar ,sea1 in the ,years #ahbj-ahbc4 ,trans4 ,london1 #ahdj4 ,wrede 7,a4 von71 ,reise in ,h4adhramaut4 ,ed4 by ,h4 von ,maltzan4 ,braunschweig1 #ahgj4 ,wrede 7,richard71 ,die ,krperstrafen bei alten ,vlkern4 ,dresden1 #ahih-ii4 ,wright 7,julia ,mc,nair71 ,among the ,alaskans4 ,philadelphia1 #ahhc4 ,wright 7,thomas71 ,essays on ,archological ,subjects4 #b vols4 ,london1 #ahfa4 ---- ,a ,history of ,domestic ,manners and ,sentiments in ,england during the ,middle ,ages4 ,london1 #ahfb4 ,wundt 7,w471 ,ethics4 ,trans4 by ,e4 ,b4 ,titchener and others4 #c vols4 ,london1 #ahig-aija4 ---- ,ethik4 ,stuttgart1 #ahib4 ,wuttke 7,a471 ,der deutsche ,volksaberglaube der ,gegenwart4 ,ed4 by ,e4 ,h4 ,meyer4 ,berlin1 #aijj4 ,wyatt 7,william71 ',some ,account of the ,manners and ,superstitions of the ,adelaide and ,encounter ,bay ,aboriginal ,tribes'2 in ,woods1 ,the ,native ,tribes of ,south ,australia4 ,adelaide1 #ahgi4 ,xenophon1 ,scripta qu supersunt4 ,parisiis1 #ahch4 ,yanoski 7,j471 ,de l'abolition de l'esclavage ancien au moyen ge4 ,paris1 #ahfj4 ,yarrow 7,h4 ,c471 ',a ,further ,contribution to the ,study of the ,mortuary ,customs of the ,north ,american ,indians'2 in ,ann4 ,rep4 ,bur4 ,ethn4 vol4 i4 ,washington1 #ahha4 ---- ,introduction to the ,study of ,mortuary ,customs among the ,north ,american ,indians4 ,washington1 #ahhj4 ',yasna 7,the71' trans4 by ,l4 ,h4 ,mills2 in ,the ,sacred ,books of the ,east1 vol4 xxxi4 ,oxford1 #ahhg4 ',yasts 7,the71' trans4 by ,j4 ,darmesteter2 in ,the ,sacred ,books of the ,east1 vol4 xxiii4 ,oxford1 #ahhc4 ,yate 7,william71 ,an ,account of ,new ,zealand4 ,london1 #ahce4 ,ymer4 ,tidskrift utgifven af ,svenska ,sllskapet fr ,antropologi och ,geografi4 ,stockholm4 ,young 7,thomas71 ,an ,essay on ,humanity to ,animals4 ,london1 #agih4 ,zachari 7,h4 ,a471 ,die ,lehre vom ,versuche der ,verbrechen4 #b vols4 ,gttingen1 #ahcf-ci4 ,zeitschrift der ,deutschen ,morgenlndischen ,gesellschaft4 ,leipzig4 ---- der ,gesellschaft fr ,erdkunde zu ,berlin4 ---- fr die ,criminal-,rechts-,pflege in den ,preussischen ,staaten4 ,ed4 by ,e4 ,hitzig4 ,berlin4 ---- fr ,ethnologie4 ,berlin4 ---- fr geschichtliche ,rechtswissenschaft4 ,ed4 by ,f4 ,c4 von ,savigny and others4 ,berlin ,stettin4 ---- fr ,socialwissenschaft4 ,ed4 by ,j4 ,wolf4 ,berlin4 ---- fr vergleichende ,rechtswissenschaft4 ,ed4 by ,j4 ,kohler4 ,stuttgart4 ---- fr ,vlkerpsychologie und ,sprachwissenschaft4 ,leipzig4 ,zeller 7,e471 ,a ,history of ,greek ,philosophy from the ,earliest ,period to the ,time of ,socrates4 ,trans4 #b vols4 ,london1 #ahha4 ---- ,socrates and the ,socratic ,school4 ,trans4 ,london1 #ahhe4 #hce ,zeller 7,e471 ,the ,stoics1 ,epicureans and ,sceptics4 ,trans4 ,london1 #ahib4 ,zend-,avesta 7,le74 ,trans4 into ,french by ,j4 ,darmesteter4 #b vols4 ,paris1 #ahib4 ,ziegler 7,th471 ,social ,ethics4 ,trans4 ,london1 #ahib4 ,zimmer 7,heinrich71 ,altindisches ,leben4 ,berlin1 #ahgi4 ,zimmermann 7,w4 ,f4 ,a471 ,die ,inseln des indischen und stillen ,meeres4 #c vols4 ,berlin1 #ahfc-fe4 ,zimmern 7,heinrich71 ,babylonische ,busspsalmen4 ,leipzig1 #ahhe4 ---- ,babylonische ,hymnen und ,gebete in ,auswahl4 ,leipzig1 #aije4 ---- ,beitrge zur ,kenntnis der ,babylonischen ,religion4 ,die ,beschwrungstafeln v,surpu1 c4 ,leipzig1 #aija4 ,zckler 7,otto71 ,askese und ,mnchtum4 #b vols4 ,frankfurt a4 ,m41 #ahig4 ,zller 7,hugo71 ,forschungsreisen in der deutschen ,colonie ,kamerun4 #c vols4 ,berlin ,stuttgart1 #ahhe4 ---- ,das ,togoland und die ,sklavenkuste4 ,berlin ,stuttgart1 #ahhe4 ,zscharnack 7,l471 ,der ,dienst der ,frau in den ersten ,jahrhunderten der christlichen ,kirche4 ,gttingen1 #aijb4 ,,subject ,,index ,,ablutions1 i4 #ec-ef1 ii4 #bid1 #bie1 #ceb-ced1 #ceh-cei1 #dae1 #daf1 #gbf ,abortion1 i4 #cgh1 #djh1 #dji1 #dac-dag1 ii4 #gje ,accessio1 ii4 #ej ,accident1 injuries due to1 i4 #bag-bdj1 #cae1 #caf1 #cai1 ii4 #gad2 benefits due to1 i4 #cah sq42 the future state of persons who have died by1 ii4 #bch1 #bci1 #bda ,acts1 i4 #bjc-bjf ,adopted children1 rules of inheritance relating to1 ii4 #df2 maternal affection for1 ii4 #ahg-ahi ,adoption1 of prisoners of war1 i4 #ccf2 of unintentional manslayers1 i4 #dhd2 the blood-covenant represented as a rite of1 ii4 #bjf sq42 marriage between relations by1 ii4 #cfi1 #cgd1 #cge1 #gdh-gej1 #geb ,adultery1 ii4 #ddg-dee2 punishment of1 i4 #ahi1 #caa1 #dib1 #eba1 #fcj1 ii4 #ddg-de4 #deb1 #dec1 #eeh2 self-redress in case of1 i4 #bij-bic1 #dia sq41 ii4 #ddg2 as a ground for divorce or judicial separation1 ii4 #cig1 #dee2 supposed to injure the harvest1 ii4 #dag1 #gdg2 stigmatised by religion1 ii4 #ddg1 #ddh1 #dej1 #dec-dee1 #fge1 #fgf1 #fhd1 #fhf1 #gjj1 #gag2 refuge denied to persons guilty of1 ii4 #fcb sq4 ,aesthetic emotions1 i4 #cbf ---- judgments1 i4 #h ,affection4 ,see ,altruistic sentiment2 ,conjugal1 ,filial1 ,fraternal1 ,marital1 ,maternal1 ,paternal1 ,social affection ,age1 restrictions in diet depending on1 ii4 #cai sq4 ,see ,children1 ,old age1 ,old persons1 ,seniority ,agricultural tribes1 the position of women among1 i4 #ffj sq42 slavery among1 i4 #fgc1 #fgd1 #fha2 social aggregates of1 ii4 #bja2 sympathy for domestic animals among1 ii4 #ejf1 see ,oxen ,agriculture1 originally a feminine pursuit1 i4 #fcd1 #fce n4 #d1 #fcg2 moral valuation of1 ii4 #bgc-bgg1 #bhj1 #djb ,albinos1 religious veneration of1 ii4 #eij ,all ,souls1 ii4 #eej ,all-father4 ,see ,supreme beings ,alliance1 prohibition of marriage between relations by1 ii4 #cfi1 #cgg ,alms1 connection between sacrifices offered to gods and1 i4 #efe-efi2 between fasting and the giving of1 ii4 #caf-cah2 between offerings to the dead and1 ii4 #eej-eeb2 to be given with an ungrudging eye1 and not before witnesses1 i4 #eid4 ,see ,charity ,altruistic sentiment1 the1 its origin and development1 ch4 xxxiv4 7ii4 #ahf-bbh72 i4 #id1 #ie1 #aaj-aad1 #abi1 #cgc1 #dfh1 #eei1 ii4 #did-ejf1 #eaj-ead4 ,see ,conjugal1 ,filial1 ,fraternal1 ,marital1 ,maternal1 ,paternal1 ,social affection ,ancestors4 ,see ,dead ,anger1 the nature and origin of1 i4 #ba-bc1 #cj1 #ch-db2 in animals1 i4 #bb1 ii4 #ea2 in children1 i4 #bb sq42 towards inanimate things1 i4 #bf1 #bg1 #bfj-bfc1 #cae2 appeased by repentance1 i4 #hg2 sympathetic resentment produced by the cognition of the signs of1 i4 #aad sq42 injuries inflicted in1 i4 #bij-bih1 #caa1 #caf sq42 a cause of suicide1 ii4 #bcc ,animals1 regard for the lower1 ch4 xliv4 7ii4 #dij-ead71 i4 #aa sq42 anger in1 i4 #bb1 ii4 #ea2 revenge taken upon1 i4 #bf1 #bg1 #bea-bec1 #bee1 #bef1 #beh2 revenge taken by1 i4 #cg sq42 self-regarding pride in1 i4 #ci1 ii4 #acg sq42 retributive kindly emotion in1 i4 #id2 sympathetic resentment in1 i4 #aab1 ii4 #eb2 killing of sacred1 i4 #bbg1 ii4 #fjc-fjf1 #fji2 of totemic1 ii4 #baj1 #fjc1 #fjd1 #fjf2 #hch of various kinds of1 see ,killing2 eating of totemic1 i4 #bbg1 ii4 #baj1 #baa1 #cbc1 #cbd1 #fjf2 credited with a conscience1 i4 #bdi-bea2 not responsible for their acts1 i4 #bdi-bea2 treated as responsible agents1 i4 #bea-bfj1 #bfd1 #cjh2 believed to take vengeance upon men1 i4 #beb1 #beh1 ii4 #dia1 #dig1 #ejj1 #ejb1 #ejd1 #fjc2 subject to regular punishment1 ii4 #bec-bfj1 #bfd1 #cjh2 sexual intercourse between men and1 i4 #bec sq41 ii4 #dji1 #gdi2 believed to be rewarded or punished after death1 i4 #beh sq42 regarded as on a footing of equality with man1 i4 #beh-bfj1 ii4 #did1 #eaj2 non-moral resentment in the case of injuries inflicted by1 i4 #caf2 sacrificed instead of human victims1 i4 #dfi sq42 sacrificed for the purpose of saving the lives of men or of other animals1 i4 #dfi sq41 ii4 #faf sq42 their desire to appropriate and to keep that which has been appropriated1 ii4 #ea2 maternal affection among1 ii4 #ahf-aij1 #aic2 paternal affection among1 ii4 #ahi1 #aij1 #aic2 conjugal attachment among1 ii4 #aia sq42 abstinence from eating various kinds of1 ii4 #cai-cce2 from eating any kind of1 ii4 #cce-cch1 #dii2 belief in the transmigration of human souls into1 ii4 #cbd1 #cbh1 #cch1 #dij1 #dif1 #ejj1 #ejd1 #eaf1 #eag1 #fic1 #gji sq42 homosexual intercourse among1 ii4 #def1 #dff1 #dge n4 #b2 their fear of strange phenomena1 ii4 #ehb sq42 worship of1 ii4 #eij1 #eih2 sheltered by sacred places1 ii4 #fbg-fbi1 #fca1 #fce ,animism1 ii4 #eie-eig ,annihilation of the soul1 belief in the1 ii4 #bcf1 #eae1 #eaf1 #eei1 #efe1 #ehj1 #fgi ,anthropomorphism1 ii4 #eie1 #eig-fjj ,antipathies1 disinterested1 i4 #aaf1 #aag1 #ecc1 #gac sq41 ii4 #aac1 #aff1 #ahe1 #bbg1 #bfb1 #bff-bfh1 #bia1 #ccd1 #cce1 #cea1 #cfh1 #cgb-cge1 #cha1 #chb1 #djc1 #djd1 #dcd1 #dci1 #ddj1 #dhc1 #dhd1 #gdd-gdf ,antivivisectionists1 ii4 #eab1 #ead ,apes1 the man-like1 paternal care among1 ii4 #ahi sq42 the duration of their conjugal unions1 ii4 #aib2 not gregarious1 ii4 #aie2 chiefly monogamous1 ii4 #cia4 ,see ,monkeys ,arbitration1 i4 #cfh sq4 ,arms1 stealing of1 i4 #bhg1 ii4 #ad2 regarded with superstitious veneration1 i4 #ejf2 oaths taken upon1 i4 #ejf1 ii4 #aai-aba ,arson1 i4 #ahg1 #ahh1 #bic1 #fgf1 ii4 #fcc ,asceticism1 ii4 #bha1 #cae-cah1 #cee-cfc1 #dba ,astronomical changes1 abstinence from work connected with1 ii4 #bhd-bhh1 #gdg2 fasting connected with1 ii4 #cji-cae ,asylums1 ii4 #fbh-fch2 i4 #bba1 #bbd1 #bie-big1 #cjg1 #cjh1 #chj1 #dbg1 #egi1 #ehj1 #ehe1 #ffh1 #ffi1 #fij1 #fib1 #fif ,atheism1 ii4 #fdc sq4 ,atonement4 ,see ,expiation1 ,expiatory sacrifice ---- the day 7fast7 of1 i4 #fe1 ii4 #caa1 #cab1 #caf1 #ceg-cei4 #fag ,attempts to commit crimes1 i4 #bjj1 #bda-bdg1 #cgd ,,bad1 analysis of the concept1 i4 #acd ,badger-baiting1 ii4 #eji ,bananas1 abstinence from1 ii4 #cba ,banishment1 as a punishment1 i4 #df1 #eh1 #agb1 #agc1 #bbd1 #bbe1 #bbg1 #bbh1 #bfg1 #bhg1 #cab1 #dbd1 #fja1 ii4 #d1 #f1 #g1 #aj1 #ab1 #gd1 #abc n4 #a1 #cca1 #dbd1 #dbe1 #deb1 #dge n4 #aj1 #dgh1 #ebe ,baptism1 i4 #ee1 #daa1 #daf1 #dag1 #fff1 ii4 #bie1 #dag1 #gba-gbc ,barrenness of a wife1 human sacrifices offered in cases of1 i4 #deg sq42 a cause of polygyny1 ii4 #chh ,bear-baiting1 ii4 #ejh-eaj ,beating1 as a religious rite1 ii4 #bid1 #ceg-cei ,beef1 abstinence from1 ii4 #cbg1 #ccj ,bees1 prohibition of killing1 ii4 #dij ,beliefs1 as subjects of moral judgments1 i4 #bae sq4 ,benefit of ,clergy1 i4 #dia ,benevolence1 ch4 xxxiii4 7ii4 #aec-ahe74 ,see ,charity1 ,hospitality ,bestiality1 i4 #bec sq41 ii4 #dji1 #gdi ,birds1 defending their nests1 ii4 #ea2 paternal care among1 ii4 #ahi sq42 the duration of conjugal unions among1 ii4 #aib ---- of night1 abstinence from eating1 ii4 #ccc ---- of prey1 prohibition of eating1 ii4 #cba ,blasphemy1 ii4 #fci1 #fdj1 #gai ,blessings1 materialistic conception of1 i4 #ih1 #efb2 pronounced by #hci recipients of gifts1 i4 #efa-efe2 gods appealed to in1 i4 #efb1 #efd sq41 ii4 #fhf1 #gca2 of strangers1 i4 #eha-ehd1 ii4 #ddf2 of parents1 i4 #fba-fbg2 of old persons1 i4 #fbf2 in salutations1 ii4 #aea ,blood1 effusion of1 at funerals1 i4 #bf1 #bg1 #dgf1 ii4 #edd1 #ede1 #edg2 abstinence from1 i4 #ahg1 ii4 #ccd sq42 as a religious rite1 i4 #dgj sq41 ii4 #bid1 #eeg2 pollution of1 i4 #bbe1 #bcb1 #bcc1 #cge-chb1 ii4 #bef sq4 n4 #b1 #bfb1 #gad2 shedding of1 prohibited in sacred places1 i4 #chj1 ii4 #fce2 offered to the dead1 i4 #dge sq42 drunk or licked in blood-revenge1 i4 #dhc sq42 as a conductor of curses1 i4 #ehf1 #ehg1 #eia1 ii4 #fi1 #aah-aba1 #bjh1 #bji1 #eff1 #efg1 #fah-fbb1 #fhg-fhi2 primitive ideas concerning1 i4 #ffd n4 #a2 oaths taken upon1 ii4 #aah-aba1 #fba1 #fbb1 #fhg-fhi2 supernatural or medicinal effect ascribed to the partaking of human1 ii4 #efd sq4 ,see ,cannibalism ---- -covenant1 the1 ii4 #bjf-bji1 #eff sq4 ---- -money4 ,see ,compensation for homicide ---- -revenge1 i4 #dgg-dib1 ii4 #gdh2 collective responsibility in1 i4 #bd1 #be1 #cj-cf1 #dc2 vow of1 i4 #eh2 restricted to the actual culprit1 i4 #ga2 a cause of social disturbance1 i4 #ahb sq42 in cases of accidental injury1 i4 #bag1 #bah1 #bca sq42 taken upon animals1 i4 #bea-bec1 #bee #bef1 #beh2 upon lunatics1 i4 #bga2 connection between inheritance and1 ii4 #ed sq42 between the system of tracing descent and1 ii4 #baa ,bodily integrity1 the right to1 ch4 xxii4 7i4 #eaa-ebe72 of the dead1 ii4 #eaf sq42 of gods1 ii4 #fjb1 #faj ,boundaries4 ,see ,landmarks ,brother1 killing of a1 ii4 #bef sq4 n4 #b4 ,see ,fraternal affection1 duties ---- the elder1 allowed to inflict corporal punishment upon the younger one1 i4 #eae2 respect for1 i4 #fje1 #fjf1 #fad2 curses of1 i4 #fbf1 ii4 #gjc ,buffaloes1 abstinence from the flesh of1 ii4 #cbj1 #cbb2 prohibition of killing1 for food1 ii4 #ccj ,buildings1 human sacrifices offered at the foundation of1 i4 #ddg n4 #e1 #dfa-dfe2 animals sacrificed at the foundation of1 ii4 #fag ,bull-baiting1 ii4 #eji sq4 ,burglary1 i4 #ahg1 #cab1 ii4 #eh1 #fcc ,burial1 ii4 #eba-ebc1 #ebe-ebg4 #edb1 #edc1 #edf-edh1 #gjd2 depending on the mode of death1 i4 #bf1 ii4 #bch-bdj1 #bdf1 #bdh1 #beb1 #bee sq42 denied to suicides1 ii4 #bch1 #bej1 #edi2 to murdered persons1 ii4 #bci1 #edi2 to persons struck by lightning1 ii4 #b #ci1 #edi2 to persons who have killed a parent1 brother1 or child1 ii4 #bef sq4 n4 #b2 of criminals1 ii4 #fid ,butchers1 regarded as unclean1 ii4 #dic2 despised1 ii4 #dih ,butter1 abstinence from1 ii4 #cbf ,,calumny1 ii4 #adj-adb2 against dead persons1 ii4 #eai1 #eeb ,calves1 abstinence from slaughtering1 ii4 #cca ,camels1 revenge in1 i4 #cg sq42 abstinence from the flesh of1 ii4 #ccb1 #ccd n4 #b ,cannibalism1 ch4 xlvi4 7ii4 #eec-eha72 old persons victims of1 i4 #cij1 ii4 #eed1 #efh sq42 practised for medicinal purposes1 i4 #dja1 ii4 #efb1 #efd sq42 the firstborn a victim of1 i4 #deh sq41 ii4 #efb2 as a punishment1 ii4 #d1 #cfg1 #eed1 #eeh sq42 considered polluting1 ii4 #ech1 #ege sq4 ,carelessness1 i4 #baj-bab1 #cje-caj1 #cag sq4 ,castes1 intermarriage between different1 ii4 #cgi4 ,see ,rank ,casuistry1 ii4 #ajj1 #aja1 #aag ,cats1 sympathetic resentment in1 ii4 #eb2 abstinence from eating1 ii4 #cbg1 #ccj1 #ccb2 taken for spirits in disguise1 ii4 #dia2 their fear of strange phenomena1 ii4 #ehc ,cattle1 stealing of1 i4 #ahg sq41 ii4 #ad2 abstinence from killing1 ii4 #ccj1 #dic sq42 reverence for1 ii4 #cca sq42 affection for1 ii4 #cca1 #did4 ,see ,beef1 ,calves1 ,cows1 ,oxen ---- -rearing1 largely a masculine pursuit1 i4 #fcd1 #fcf4 ,see ,pastoral peoples ,celibacy1 ch4 xli4 7ii4 #cii-dba72 a cause of unchastity1 ii4 #dcb2 of homosexual practices1 ii4 #dfg ,character1 i4 #bad1 #bae1 #caj-cad1 #cah sq42 the innate1 i4 #cbe sq4 ,charity1 ch4 xxiii4 7i4 #ebf-efi72 as a duty emphasised by religion1 i4 #hdjedi-eeh1 #efa-efi1 ii4 #ffi1 #fgb1 #fii1 #gje1 #gaa1 #gag1 #gah1 #gbe1 #gbf1 #gcb4 ,see ,alms ,charms1 made from dead bodies1 ii4 #bjd1 #edf2 against the evil eye1 ii4 #bef n4 #b2 put in tombs1 ii4 #gja ,chastity1 ch4 xlii4 7ii4 #dbb-dee72 suicide as a means of preserving1 ii4 #bdb1 #bea sq42 fasting the beginning of1 ii4 #cah2 required in connection with the religious cult1 ii4 #djf-dba1 #gcf ,chiefs1 tied by custom1 i4 #afa sq42 justice administered by1 i4 #agc-agf1 #ahj-ahd1 #dij sq42 protecting foreigners and persons who have no relations1 i4 #ahj2 killing of1 i4 #dc2 human sacrifices offered for the purpose of saving the lives of1 i4 #ded-def1 #dff2 sacrificed1 i4 #dff2 the practice of compensation encouraged by1 i4 #dij sq42 disrespect for1 punished by gods1 i4 #fbf2 proprietary rights of1 ii4 #cc2 suicide committed on the graves of1 ii4 #bcd2 labour suspended on the death of1 ii4 #bhd2 abstinence from fish after the death of1 ii4 #cja2 treatment of the dead bodies of1 ii4 #ebg2 cannibalism practised by1 ii4 #eeh1 #egd2 their tombs asylums1 ii4 #fcj2 their houses asylums1 ii4 #fcf2 their persons asylums1 ii4 #fcf sq4 ,see ,king4 ,children1 the subjection of1 ch4 xxv4 7i4 #eig-fbh72 cursed or blessed by their parents1 i4 #eh1 #ech1 #fba-fbg1 ii4 #gjc1 #gae4 #gaf n4 #b1 #gcb2 punished if convicted of a design to kill their father or mother1 i4 #bde2 parents killing their infant1 i4 #cgh #cid-dac1 #fcc1 ii4 #efb1 #geb sq42 killing their parents1 i4 #chc-chf1 #ebb1 ii4 #bef sq4 n4 #b2 killing or abandoning their aged parents1 i4 #chf-cij1 #fjf1 #fjg1 #fab1 #fbj2 eating their parents1 i4 #cij1 ii4 #eed1 #efh sq42 parents killing their grown-up1 i4 #cic sq41 ii4 #bef sq4 n4 #b2 a father's affection for his1 i4 #dja1 #djb1 #dje1 #ebi-ecc1 ii4 #ahg-aij1 #aic1 #cig1 #gdh2 a mother's affection for her1 i4 #dje1 #ebi-eca1 ii4 #ahf-aij1 #aic1 #gdh2 eaten by their parents or others1 i4 #dja1 #deh sq41 ii4 #eed1 #eee1 #efb1 #efh sq42 parents exposing their new-born1 i4 #djf-dab1 #fhi2 sacrificed to save the lives of their parents1 i4 #dee1 #def1 #dei-dfa2 sacrificed by their parents1 i4 #dee-dfa2 committing suicide on the death of their parents1 i4 #dgc2 parents inflicting corporal punishment upon their1 i4 #eac-eae1 #fjg1 #faj2 using violence against their parents1 i4 #eac #fbd sq41 ii4 #fgg2 parents' duty of taking care of their1 i4 #ebf-ecc2 their duty of taking care of their parents1 i4 #ecc-ech2 their respect for their parents1 i4 #ecd-ech1 #fjj1 #fja1 #fjg-fac1 #faf-fbh1 ii4 #aid2 their affection for their parents i4 #ecd-ech1 #fah1 ii4 #aid1 #gdh2 for their mothers1 i4 #fah1 #fei2 their duties to their parents emphasised by religion1 i4 #ecf1 #ecg1 #fjh1 #faj1 #fab1 #fac1 #faf1 #fag1 #fbj-fbg1 ii4 #gaa1 #gad1 #gae1 #gaf n4 #b1 #gag #gcb2 cursing their parents1 i4 #efd2 sold as slaves by their parents1 i4 #eii1 #fjg1 #fji1 #faa1 #fab1 #fae1 #fge1 #fha1 #fhb1 #fhd1 #fhe1 #fhi1 #fia sq42 proprietary incapacities of1 ii4 #bg1 #bh1 #eg2 rules of inheritance relating to1 ii4 #dd-di1 #ec-eg2 telling a falsehood in the presence of their parents1 ii4 #if2 addressing abusive language to their parents1 ii4 #adb2 their duties to their parents1 ii4 #aff1 #gdh2 parents' duties to their1 ii4 #aff1 #gdh2 parents committing suicide on the death of their1 ii4 #bcb1 #bdd n4 #c2 parents fasting after the death of their1 ii4 #bih-cjj2 fasting after the death of their parents1 ii4 #bih-cja2 punished after death for inflicting injuries upon their parents1 ii4 #gae2 adopted1 see ,adopted children2 illegitimate1 see ,illegitimate children ,children1 young1 the anger of1 i4 #bb sq42 sympathetic resentment in1 i4 #aab2 their ideas of right and wrong1 i4 #aae2 their respect for the customary1 i4 #aei2 injuries committed by1 i4 #bag1 #bah1 #bfd-bfi1 #caf2 treatment of1 in war i4 #cce1 #ccf1 #cdb1 #cdc1 #cfi sq42 sacrificed1 i4 #ded-dfa2 their desire to appropriate and to keep that which has been appropriated1 ii4 #ea2 truthfulness and mendacity of1 ii4 #hh n4 #e1 #aaa n4 #c1 #aaf1 #aag1 #abd-abf1 #abi2 disposed to believe what they are told1 ii4 #aji2 their #hda dislike of that which is strange or unfamiliar1 ii4 #bbg2 the altruistic sentiment in1 i4 #bbh2 treatment of the dead bodies of1 ii4 #ebf1 #ebg1 #edi2 their fear of strange phenomena1 ii4 #ehc2 the future state of1 ii4 #fgc1 #gbg2 the future state of unbaptised1 ii4 #gba-gbc ,chivalry1 i4 #ceb-cee ,clan1 the1 i4 #fbg sq41 ii4 #bjb1 #bac1 #bad1 #baf-bbj1 #bbb sq4 ,class distinction1 cleanliness a1 ii4 #cea ,classes1 intermarriage between different1 ii4 #cgi-chb4 ,see ,rank ,classificatory system1 the1 ii4 #cic ,cleanliness1 ii4 #cdf-cef2 ceremonial1 ii4 #bid1 #bie1 #ceb-ced1 #ceh1 #cei1 #dae-dbj1 #gjj n4 #e1 #gje1 #gah1 #gbf1 #geb ,climate1 connection between industry and1 ii4 #bfi-bga2 between cleanliness and1 ii4 #cdi sq4 ,cock-fighting1 ii4 #eji sq4 ,cocks1 prohibition of eating tame1 ii4 #ccj ,cocoa1 abstinence from1 ii4 #cba2 religious veneration of1 ii4 #eia ,common enjoyment of merits1 i4 #if-ii ---- responsibility1 in blood-revenge1 i4 #bd1 #be1 #cj-cf1 #dc1 #ga2 in the case of punishment1 i4 #dc-dh1 #fi-gb2 in the case of sin1 i4 #dh-eg1 #fa-gb ,communal marriage1 ii4 #dde ,community of goods1 ii4 #ej sq4 ,compacts1 sealing of1 i4 #ehg1 ii4 #fbb-fbd ,compensation1 the relation between punishment and1 i4 #afh sq42 for involuntary destruction of property1 i4 #bbb-bbe1 #ch sq42 for bodily injuries1 i4 #eaa-eac1 #eag-ebj1 #ebd n4 #c1 ii4 #bfc2 for the seduction of an unmarried woman1 ii4 #dbe1 #dbf1 #dcf sq42 for rape1 ii4 #dch2 for adultery1 ii4 #ddg sq4 ---- for homicide1 i4 #ahc1 #dhd-dia2 if committed accidentally1 i4 #bag1 #bai-bba1 #bbd1 #bbf2 if committed by a child1 i4 #bfh2 by an idiot1 i4 #bgb2 if the victim is a woman1 i4 #dbj sq42 if the victim is a slave1 i4 #dbc2 influenced by the rank of the victim1 i4 #dcj sq4 ---- for sin1 i4 #hf sq4 ,compulsion1 injuries committed under1 i4 #bhd1 #bhe1 #caf1 #cai2 confounded with causation1 i4 #cbb-cbf ,compulsion by necessity1 i4 #bhe-bhg1 ii4 #a ,conduct1 i4 #bjb1 #bjc1 #bad1 #bae1 #cad ,confession1 i4 #hd sq41 ii4 #cfj ,conjugal affection1 i4 #aac1 #ecb sq41 ii4 #aij-aic2 its influence on the form of marriage1 ii4 #aib1 #chi1 #cia2 on the duration of marriage1 ii4 #cig2 on moral ideas concerning unchastity1 ii4 #dci sq4 ,conscience1 i4 #aje-ajg1 #abc-abe2 an unjust retributer1 i4 #ae sq42 animals credited with a1 i4 #bdi-bea ,contributions1 military1 ii4 #bg ,contubernium1 of slaves1 i4 #fic1 #fig1 #gjf sq42 between freemen and slaves1 ii4 #cha ,cooking1 abstained from after a death1 ii4 #cjd-cjf ,corporal punishment1 ii4 #ebj-ebe ,cosmopolitanism1 ii4 #agf-agi1 #ahb-ahe ,courage1 admiration of1 i4 #af1 #aag1 ii4 #af1 #eh1 #bgc1 #eij2 the duel regarded as a test of1 i4 #eji2 suicide regarded as a test of1 ii4 #bea1 #bfa sq42 approved of by the supreme being1 ii4 #fgi2 the future state of a warrior supposed to be determined by his1 ii4 #fih ,couvade1 the1 ii4 #bje ,covenanting rites1 i4 #ccd sq41 ii4 #fbb-fbd1 #fhf4 ,see ,blood-covenant ,cowardice1 forgiveness of enemies regarded as a sign of1 i4 #gc1 #gd1 #dhe1 ii4 #ade2 the secret commission of offences despised as1 ii4 #eh1 #if sq42 lying a sign of1 ii4 #aac2 suicide regarded as an act of1 ii4 #bdj1 #bfb ,cow-dung1 a means of purification1 i4 #ed1 ii4 #cec1 #ede2 suicide committed in1 ii4 #bdd ,cows1 contact with1 regarded as purifying1 i4 #ed2 prohibition of eating the flesh of1 ii4 #cbg1 #ccj2 the killing of1 abstained from or prohibited1 ii4 #ccj1 #cca1 #dig2 reverence for1 ii4 #ccb4 ,see ,cattle ,coyness1 female1 ii4 #dce ,cremation1 i4 #dgf1 ii4 #ebb1 #ebc1 #ebf1 #ebg1 #edb1 #edc1 #edf-edh2 of suicides1 ii4 #bef sq4 ,criminals1 absence of remorse in1 i4 #ij n4 #a2 punished in public1 i4 #aia #hdbsq42 detection of1 i4 #aic2 sacrificed1 i4 #dci1 #ddj1 #dfg1 #dga sq41 ii4 #fea2 enslaved1 i4 #eah1 #fge1 #fgf1 #fha1 #fhb1 #fhe1 #fhh-fia1 ii4 #g1 #h1 #ab1 #ac1 #gd2 eaten1 ii4 #d1 #cfg1 #eed1 #eeh sq42 their blood partaken of1 ii4 #dfd sq42 treatment of the bodies of1 ii4 #ebg1 #ebh1 #edi4 ,see ,asylums1 ,punishment ,crops1 robbery of1 i4 #bhg1 ii4 #ad sq42 human sacrifices offered for the purpose of securing good1 i4 #ddc-dea2 unchastity supposed to injure the1 ii4 #dag1 #gdg ,cross1 the1 ii4 #bef n4 #b ,cross-roads1 i4 #ejb1 ii4 #bef1 #bef sq4 n4 #b ,crown1 miraculous virtue attributed to the royal1 ii4 #fjh n4 #d1 #gec ,crucifixion1 ii4 #bef n4 #b ,cruelty to animals1 ii4 #dif1 #ejh-eaj ,curiosity1 ii4 #aji1 #aaj1 #ace1 #adi1 #eie1 #eig ,curses1 materialistic conception of1 i4 #eg-fa1 #gj1 #bcc sq41 ii4 #ehc4 #ehd1 #gjc2 holiness not allowed to be defiled by1 i4 #eh1 #fbe1 ii4 #fch2 of parents1 i4 #eh1 #ech1 #fba-fbg1 ii4 #gjc1 #gae1 #gaf n4 #b1 #gcb2 of the poor1 i4 #efa-efe2 of magicians and priests1 i4 #efc2 of saints1 i4 #efc1 #fbb2 of dying persons1 i4 #efc1 #fbf1 ii4 #bde2 of dissatisfied guests1 i4 #ehd-eid1 ii4 #gae1 #gcb2 of dissatisfied refugees1 i4 #ehe1 #ehg sq41 ii4 #fcf-fch2 of old persons1 i4 #fbb1 #fbf2 of husbands1 i4 #fbf2 of elder brothers and sisters1 i4 #fbf1 ii4 #gjc2 of superiors1 i4 #fbf sq41 ii4 #gjc2 of women1 i4 #ffh2 of slaves1 i4 #gaf2 of their masters1 ii4 #gjc2 of kings1 ii4 #gjc2 personified and elevated to the rank of supernatural beings1 i4 #fj1 #cgi1 #dhb1 #efa1 #ehe1 #fbc1 #fbd1 #fbf1 ii4 #fh1 #aaf1 #gae1 #gcb2 transformed into attributes of gods1 i4 #cgi1 #efa1 #efb1 #ehe1 #fbd1 ii4 #fh1 #aaf1 #gae2 supernatural beings appealed to in1 i4 #efa1 #efd sq41 ii4 #ff-fh1 #abj-abc1 #feh1 #fhf-fij1 #fii1 #gca2 supernatural beings exposed to men's1 i4 #efd1 #eff1 #ehe1 ii4 #ehd1 #ehe1 #fah-fbd1 #fcf1 #fch1 #fef-fei1 #gjj2 conducted by various vehicles1 i4 #ehf-eid1 ii4 #aba1 #aea1 #bjh1 #bji1 #efg1 #fbb-fbd1 #fhg-fij2 by blood1 i4 #ehf1 #ehg1 #eia1 ii4 #fi1 #aah-aba1 #bjh1 #bji1 #fah-fbb1 #fhg-fhi2 by human blood or flesh1 ii4 #eff sq42 in reception ceremonies and salutations1 i4 #eij sq41 ii4 #aea2 pronounced on thieves or as a means of protecting property1 ii4 #fb-fi1 #gjc2 sacrifices to gods as a means of transferring1 ii4 #fah-fbd1 #feh2 method of protecting the king against criminals1 ii4 #fcg2 prayers assuming the character of1 ii4 #fef-fei2 contained in ordeals1 ii4 #fhg-fij2 influencing men's state in the future life1 ii4 #fib1 #fic1 #gjh1 #gji1 #gae sq4 ,see ,l-7r ,customs1 and laws as expressions of moral ideas1 ch4 vii4 7i4 #aeh-bja72 rules of duty1 i4 #aah-abb1 #aei-afb2 their relations to laws1 i4 #afc-aff2 stronger than law and religion combined1 i4 #afd2 the variety of1 i4 #cbg sq42 the rigidity of ancestral1 ii4 #eai1 #ebj1 #eda2 transgressions of1 punished by gods1 ii4 #fgj1 #gbh2 instituted by the supreme being1 ii4 #fga ,,dark1 prohibition of eating in the1 ii4 #cji ,daughters1 committing suicide on the death of their parents1 i4 #dgc4 ,see ,children ,days1 tabooed1 ii4 #bhc-bhi1 #gdg ,dead1 regard for the1 ch4 xlv4 7ii4 9999#eae-eeb72 human sacrifices to the1 i4 #bf-bh1 #dgb-dgf1 #dhf1 ii4 #bcd1 #dej1 #dea1 #eah2 vindictiveness of murdered1 i4 #bcb1 #cgb1 #cge1 #cgf1 #cgh1 #cgi1 #djf1 #dgf1 #dha sq41 ii4 #eei sq42 the property of the1 i4 #cii1 ii4 #dd1 #eah1 #eci sq41 see ,inheritance1 ,wills2 the treatment of old persons influenced by beliefs regarding the1 i4 #fbj sq42 interred in the field belonging to the family1 ii4 #ff n4 #a2 charms made from the bodies of the1 ii4 #bjd1 #edf2 offerings to the1 ii4 #cjb1 #cjc1 #djj-djd1 #eag1 #eah1 #ebd1 #eci1 #edg #eej1 #fib1 #gjj1 #gja1 #gjd1 #gjh1 cf4 ,alms2 polluting influence attributed to the1 ii4 #cjc1 #ecg sq42 marriages of the1 ii4 #djj2 self-regarding pride attributed to the1 ii4 #eai2 beliefs as regards the character and activity of the1 ii4 #ebh-ece1 #fic2 fear of the1 ii4 #ece-edf1 #edh-eej1 #egf2 believed to be easily duped1 ii4 #edh2 worship of the1 ii4 #eia1 #eif2 revenge taken by the living upon #hdc the1 ii4 #fib sq42 supposed to be taken by the dead upon other1 ii4 #fic sq4 ,see ,annihilation1 ,burial1 ,cannibalism1 ,cremation1 ,funeral rites1 ,future life1 ,future state1 ,mourning1 ,scalping1 ,suicide1 ,transmigration1 ,vampires ,death1 attributed to the influence of magic1 i4 #bd1 #bi1 ii4 #ecd1 #fea2 self-mutilation after a1 i4 #bf1 #bg1 #dgf1 ii4 #ebd1 #ebh1 #edd1 #ede1 #edg2 work suspended after a1 ii4 #bhc1 #bhd1 #cjf2 polluting influence ascribed to1 ii4 #bhc1 #cjb-cjg1 #daf1 #ecf-eci1 #edd sq42 to self-inflicted1 ii4 #beg n4 #e1 #bfb2 to natural1 ii4 #daf1 #fji2 fasting after a1 ii4 #bih-cjh1 #ebd1 #edd2 abstinence from cooking after a1 ii4 #cjd-cjf2 abstinence from sexual intercourse after a1 ii4 #cjf2 fear of1 ii4 #ece sq4 ,debtors1 enslaved1 i4 #dbb1 #fge1 #fgg1 #fhj1 #fhd1 #fhh1 #fhi1 #fia2 creditors starving themselves to death before the doors of their1 ii4 #bde ,debts1 the owing of1 ii4 #ic1 #gje ,deceit4 ,see ,truth1 regard for ,deformed persons1 religious veneration of1 ii4 #eij ,deodand1 i4 #bfb-bfd1 #cjh ,descent1 the social influence of a common1 ii4 #aih1 #bja-bjf1 #bbj1 #bbd1 #bbg1 #gdh2 congruity or discrepancy between the principle of local proximity and the principle of1 ii4 #bjb1 #bai sq4 ,see ,kinship ----1 the system of tracing1 connection between the authority over children and1 i4 #eig sq42 supposed connection between the position of women and1 i4 #fee sq42 the rules of inheritance influenced by1 ii4 #dd-dg1 #ed2 the influence of local connections on1 ii4 #bjc1 #cfh sq42 difference between the notion of actual blood-relationship and1 ii4 #bje sq42 connection between the blood-feud and1 ii4 #baa1 #gdh ,despotism1 a cause of the severity of criminal codes1 i4 #aic-aif1 #aih2 a cause of deceitful habits1 ii4 #hi1 #acj sq42 politeness engendered by1 ii4 #aeb2 love of youths considered inimical to1 ii4 #dgh sq4 ,determinism1 i4 #cbj-cbb1 #cbe sq4 ,dharna1 the custom of sitting1 ii4 #bde ,diet1 restrictions in1 ch4 xxxvii1 sq4 7ii4 #bij-cde74 ,see ,food ,disease1 cured by contact with a saint1 i4 #fc2 transference of1 i4 #fd sq42 supposed to be caused by supernatural beings1 i4 #cib sq41 ii4 #eib-eid2 by the dead1 ii4 #ece2 the future state of persons who have died of1 i4 #cib1 ii4 #bch n4 #c1 #fih2 human flesh or blood partaken of as a remedy against1 i4 #dja1 ii4 #efb1 #efd sq42 human sacrifices offered for the purpose of curing1 i4 #ddf1 #ddg1 #ded-deg2 cured at cross-roads1 ii4 #bef n4 #b4 ,see ,epidemics1 ,sick persons ,disinterested antipathies4 ,see ,antipathies ---- likings4 ,see ,likings ,disinterestedness1 a characteristic of moral concepts1 i4 #aja2 of the moral emotions1 i4 #ajb1 #ajc1 #ajg-abb ,divorce1 i4 #ead1 #ebh1 #fcj1 #fcb1 #fch1 #fda1 #fdf-fed1 ii4 #aib1 #cif-cih1 #dee ,dog-fighting1 ii4 #eji ,dogs1 self-regarding pride in1 i4 #ci1 ii4 #acg sq42 sympathetic resentment in1 i4 #aab1 ii4 #eb2 credited with a conscience1 i4 #bdi-bea2 the killing of1 considered polluting1 i4 #cha n4 #f2 fighting for their kennels or their prey1 ii4 #ea2 supposed deceitfulness of1 ii4 #abe2 abstinence from eating1 ii4 #ccj1 #ccb2 taken for spirits in disguise1 ii4 #dia2 regard for1 ii4 #dic1 #eja1 #gje2 affection for1 ii4 #die sq42 ,erinyes of1 ii4 #ejd2 their fear of strange phenomena1 ii4 #ehc ,drink1 as a conductor of curses1 i4 #ehf1 #ehi-eia1 ii4 #aba1 #bjh1 #bji1 #efg1 #fhg-fhi ---- 1 intoxicating1 prohibition of1 i4 #bbh1 ii4 #cda-cde2 abstained from after a death1 ii4 #cjb4 ,see ,drunkenness1 ,intoxicants1 ,wine ,droit d'aubaine1 ii4 #di ,drowned persons1 the future state of1 ii4 #bch1 #eba1 #fgh1 #fig sq4 ,drunkenness1 i4 #caj1 ii4 #cch-cdd2 injuries committed in1 i4 #bgg-bhb1 #cjf2 attributed to possession by a god or spirit1 i4 #bgh1 #bha1 ii4 #cdd ,duel1 the1 ch4 xxi4 7i4 #dig-eaj72 i4 #afc1 #cjf1 ii4 #i1 #ade1 #ddi ,duty1 analysis of the concept1 i4 #acd-acg2 corresponding to a right1 i4 #adj sq42 the relation between virtue and1 i4 #adi sq42 between merit and1 i4 #aea #hdd ,duty1 the feeling of1 as a motive1 i4 #bhc sq4 ,,eaglehawks1 abstinence from eating1 ii4 #cbf1 #ccb ,earthly desires1 sinfulness of1 ii4 #cfa-cfc ,eclipses1 supposed connection between human activity and1 ii4 #bhd sq42 fasting in connection with1 ii4 #cji sq42 of the moon1 attributed to the influence of evil spirits1 ii4 #cac ,education1 a means of communicating resentment1 i4 #aad sq42 its influence on the regard for truth1 ii4 #abd2 on moral ideas relating to self-regarding conduct1 ii4 #bff-bfh2 leading to homosexual practices1 ii4 #dfh-dgj ,eggs1 abstinence from1 ii4 #cbj1 #cbe1 #cbf1 #cbi ,election1 divine1 the future state of men determined by1 ii4 #gai sq4 ,elephants1 the feeling of revenge in1 i4 #cg sq42 abstinence from eating1 ii4 #cbi ,emasculation1 as a punishment1 i4 #de1 #eba4 ,see ,eunuch priests ,emigration1 punished by law1 ii4 #age2 more injurious to the ,state than suicide1 ii4 #bei ,emotions1 moral judgments referring to1 i4 #bae ,endogamy1 ii4 #cgh-chb ,enemies1 killing of1 regarded as praiseworthy1 i4 #cca-ccc2 the future state influence by the killing of1 i4 #ccb1 #cgc1 ii4 #fic2 hospitality towards1 i4 #egf1 #egg1 #ehg sq4 ,see ,blood-revenge1 ,forgiveness1 ,revenge1 ,war ,envy1 a hindrance to sympathetic retributive kindliness1 i4 #abi2 of gods1 ii4 #cfa1 #gad1 #gaf ,epidemics1 supposed to be caused by supernatural beings1 i4 #bg1 ii4 #eib-eid2 human sacrifices offered for the purpose of stopping or preventing1 i4 #ff1 #dda1 #ddb1 #ddi2 fasting during1 ii4 #cae ,equinoxes1 fasting at1 ii4 #cji1 #caj1 #cab sq4 ,equivalence1 the rule of1 i4 #agg-ahj2 i4 #cd1 #ce1 #bjj1 #bag-bai1 #did1 #dif1 #eja1 #eaa1 #eai sq41 ii4 #bcc ,equivocation1 ii4 #ajj1 #aja1 #aag ,erinyes1 i4 #fj1 #cgi1 #dhb1 #efa1 #ehe1 #fbc1 #fbf1 ii4 #fh1 #ejd1 #gad1 #gae1 #gcb ,ethics1 the object of scientific1 i4 #ah ,eucharist1 the1 i4 #fff1 ii4 #bie1 #dae n4 9999#h1 #dag1 #dhj1 #efd2 the ordeal of1 ii4 #fij ,eunuch priests1 ii4 #djh1 #dad1 #dhh n4 #f ,evil1 materialistic conception of1 i4 #ef1 #eg1 #deg2 transference of1 combined with a sacrifice1 i4 #fb-fe ---- eye1 the1 i4 #efa1 #efc1 #ehd1 #eia-eid1 ii4 #bef n4 #b1 #ced ---- spirits1 lunatics supposed to be possessed with1 i4 #bgj1 #bgd1 #bge1 ii4 #eic2 intoxicated persons supposed to be possessed with1 i4 #bha1 ii4 #cdd2 persecuting ghosts replaced by1 i4 #cgh sq41 ii4 #dic2 disease supposed to be caused by1 i4 #cib sq41 ii4 #eib-eid2 old women regarded as1 i4 #fai2 burying apart of persons supposed to have been killed by1 ii4 #bci2 eclipses of the moon attributed to the influence of1 ii4 #cac2 water regarded as haunted by1 ii4 #cee2 scourging as a means of driving away1 ii4 #ceh2 sacred words as a weapon against1 ii4 #dah2 certain animals taken for1 ii4 #dia2 butchers regarded as haunted by1 ii4 #dic2 prevented from doing harm to the dead1 ii4 #ebc1 #ebd1 #edd2 the ghosts of dead persons regarded as1 ii4 #eca-ecd1 #fic2 places of striking appearance supposed to be haunted by1 ii4 #ehi2 unexpected events ascribed to the influence of1 ii4 #eid2 taboos imposed upon the names of1 ii4 #fdj1 #fdb2 magic practised with the assistance of1 ii4 #fdi sq42 struggle of men and gods against1 ii4 #gja1 #gjb1 #gjd-gjf1 #gbi ,executioner1 tribal1 i4 #agd sq42 the injured party acting as1 i4 #ahd sq4 ,exogamy4 ,see ,incest ,expiation1 ii4 #cef-cfa2 fasting as a means of1 ii4 #cae-cah2 vicarious1 ii4 #gai sq4 ,expiatory sacrifice1 vicarious1 i4 #fe-gj1 #dch-ddj ,exposure of infants1 i4 #djf-dab2 a source of slavery1 i4 #fhi ,,faith1 considered necessary for salvation1 ii4 #gai-gba1 #gbe-gbg4 ,see ,unbelief ,faithfulness4 ,see ,good faith ,false accusation1 i4 #ebb1 ii4 #gi1 #hj1 #adj-adb #hde ,false testimony1 ii4 #hf n4 #d1 #ia1 #ib1 #if-ih1 #abc n4 #a1 #gag ,falsehood4 ,see ,truth1 regard for ,family1 the1 i4 #aac1 #ecc1 #fbg sq41 ii4 #aie1 #aif1 #aih1 #aii1 #bjb1 #bbc2 the joint1 i4 #eci sq41 ii4 #bac-baf ,famines1 human sacrifices offered in connection with1 i4 #ddb sq42 cannibalism caused by1 ii4 #eee1 #egg sq4 ,see ,crops ,fas1 i4 #egi sq41 ii4 #gag ,fasting1 ii4 #bib-cah2 enjoined by religion1 i4 #bga1 ii4 #bdf1 #bib-bih1 #cjh-cah1 #ceh1 #djf1 #gbe2 as a means of purification1 i4 #cge1 ii4 #bid-bif1 #ceh2 as a penance1 ii4 #bdf1 #cae-cah1 #djf2 after a death1 ii4 #bih-cjh1 #ebd1 #edd ,fat1 abstinence from1 i4 #ahg1 #bbi1 ii4 #cab ,fatalism1 i4 #cbc-cbf ,father1 the1 his authority over his children1 ch4 xxv4 7i4 #eig-fbh72 permitted to punish his children with death1 i4 #cic sq42 to kill or expose his new-born children1 i4 #cid-daa2 to inflict corporal punishment upon his children1 i4 #eac-eae1 #fjg1 #faj2 to sell his children1 i4 #eii1 #fjg1 #fji1 #faa1 #fab1 #fae1 #fge1 #fha1 #fhb1 #fhd1 #fhe1 #fhi1 #fia2 his affection for his children1 i4 #dja1 #djb1 #dje1 #ebi-ecc4 ii4 #ahg-aij1 #aic1 #cig1 #gdh2 obliged to protect and support his family1 i4 #ebf-ecc2 descent traced through1 i4 #fee sq41 ii4 #dd-dg1 #ed1 #bjb1 #bjc1 #bje1 #bjf1 #baa1 #bbj2 the son allowed to eat only certain foods after the death of1 ii4 #cja sq4 ,see ,parents ,fear1 i4 #dj sq42 of death1 ii4 #ece sq42 as an element in the religious sentiment1 ii4 #fab-fad1 #gbe2 of punishment in the future life1 ii4 #gce ,females1 the sexual impulse of1 i4 #feg sq41 ii4 #dce ,feticide1 i4 #cgh1 #djh1 #dji1 #dac-dag1 ii4 #gje ,filial affection1 i4 #ecd-ech1 #fah1 #fei1 ii4 #aid1 #gdh ---- reverence1 i4 #ecc-ech1 #fjj1 #fja1 #fjg-fac1 #faf-fbh1 ii4 #aid ,firstborn child1 the1 all children killed except1 i4 #cih2 killed1 i4 #deh-dfj1 ii4 #efb2 eaten1 i4 #deh1 ii4 #efb2 regarded as sacred1 ii4 #ech n4 #b ,firstborn son1 the1 sacrifice of1 i4 #deg-dfa2 eaten1 i4 #deh sq42 considered identical with his father1 i4 #dfj2 fasting on the eve of ,passover1 ii4 #bif4 ,see ,primogeniture ,fish1 anger shown by1 i4 #bb1 ii4 #ea2 abstinence from eating1 ii4 #cba1 #cbb1 #cbd sq42 after a death1 ii4 #cja2 deference shown for1 ii4 #dib2 killing of1 ii4 #dig sq4 ,fishing peoples1 the position of women among1 i4 #ffj2 slavery among1 i4 #fgb2 social aggregates of1 ii4 #aih-bjj2 filthiness a characteristic of1 ii4 #cdi ,flagellation1 ii4 #bid1 #ceg-cei ,flagrante delicto1 offenders caught1 i4 #bij-bid1 ii4 #h1 #ac1 #ag1 #ah1 #eh1 #dbi1 #ddg ,food1 prohibitory rules relating to1 ch4 xxxvii4 sq4 7ii4 #bij-cde72 stealing of1 i4 #bhf1 #bhg1 #fgf1 ii4 #ad1 #ae1 #eg sq42 as a conductor of curses1 i4 #ehf-eib1 ii4 #fbb-fbd2 detrimental to holiness1 ii4 #bid-bif2 the eating of certain kinds of1 forbidden by gods1 ii4 #cbf1 #cc1 #cce1 #fga ,forbearances1 i4 #bji1 #baj1 #cjc-cje ,foreigners1 protected by the chief or king1 i4 #ahj1 #aha1 #cch2 killing of1 i4 #cca-ccd1 #ccg-cd1 #cgj1 #cga1 #cgc2 sacrifice of1 i4 #dfg sq42 infliction of bodily injuries upon1 i4 #eai2 kindness to1 i4 #ede1 #eef-eeh1 #egj-egb1 #eha2 enslaving of1 i4 #fgd1 #fge1 #fhi1 #fij1 #fia1 #gad sq42 respect for the proprietary rights of1 ii4 #b1 #aa1 #ei2 demoralising influence of1 ii4 #b1 #abf-abi1 see ,white men2 robbery committed upon1 ii4 #bj-be1 #eh sq42 reduced to serfdom1 ii4 #bd2 rules of inheritance relating to1 ii4 #di2 deceiving of1 ii4 #hg1 #hh1 #ij1 #id1 #ig1 #aab1 #abf-abi2 duties to1 ii4 #aff2 despised1 ii4 #aga-agd1 #ecb2 disregard of their interests1 ii4 #agf2 antipathy to1 ii4 #bbg2 marriages with1 ii4 #cgh1 #cha sq42 eaten1 ii4 #eed2 sacrilege committed by1 ii4 #fdh4 ,see ,strangers ,forgery1 punished with death1 i4 #ahg sq42 with mutilation1 i4 #eba ,forgiveness1 i4 #gc-gi1 #hd-hh1 #ii1 #caa1 #cah1 ii4 #ade1 #cfj ,foundation sacrifices4 ,see ,buildings ,fowls1 abstinence from eating1 ii4 #cbj-cbb1 #cbe1 #cbg1 #cbi1 #ccb2 affection for1 ii4 #die #hdf ,foxes1 abstinence from eating1 ii4 #cbg ,fraternal affection1 ii4 #aid1 #aie1 #gdh ---- duties1 i4 #ech1 ii4 #gdh ,fraud4 ,see ,truth1 regard for ,free love1 ch4 xlii4 7ii4 #dbb-dee74 ,see ,unchastity ,freedmen1 marriages with1 i4 #fhh1 ii4 #cgi2 not allowed to bring criminal charges against freeborn persons1 i4 #fig ,freedom1 personal1 i4 #eig1 ii4 #bfe ,free-will1 moral valuation and1 i4 #cbj-cbf ,frogs1 prohibition of eating1 ii4 #cba ,funeral rites1 ii4 #eai-ebh1 #ecf-eeb2 the ordinary1 denied to suicides1 ii4 #bch1 #bdh1 #bej1 #beb-bed1 #edi4 ,see ,blood 7effusion of1 at funerals2 offered to the dead71 ,burial1 ,cremation1 ,dead 7human sacrifices to the2 offerings to the71 ,self-mutilation 7after a death7 ,future life1 belief in retribution in a1 among civilised races1 i4 #beh1 #bei1 #eai1 #eej-eec1 #eee1 #eef1 #egi1 #ehj1 #fbe1 #fej1 #fhc1 #fhg1 ii4 #afe1 #bhd1 #cda1 #dag1 #dgi1 #dig1 #gjj1 #gje1 #gjf1 #gjh-gac1 #gae1 #gaf1 #gah-gbj1 #gbe1 #gcd sq42 among uncivilised peoples1 i4 #djc1 #edb-edd1 #egh1 ii4 #ei1 #fj1 #fi1 #aae1 #bga1 #bgb1 #fga-fha1 #fhc-fhe1 #fij-fie2 the belief in a1 ii4 #eae sq42 its influence on the notions concerning homicide1 i4 #chb2 concerning the killing of old or sick persons1 i4 #cij1 #cib2 concerning infanticide1 i4 #daa sq42 concerning feticide1 i4 #daf sq42 concerning suicide1 ii4 #bce-bcg1 #bdd1 #bec1 #bfb4 ,see ,dead ---- state1 the1 of persons who have been struck by lightning1 i4 #bf1 ii4 #edd1 #edi1 #fig sq42 who have not slain any enemies1 i4 #ccb2 who have slain enemies1 i4 #cgc1 ii4 #fic2 who have died of old age1 i4 #cij1 ii4 #bce1 #bch n4 #c1 #fih2 of disease1 i4 #cib1 ii4 #bch n4 #c1 #fih2 by violence1 i4 #dha sq41 ii4 #bcg-bci1 #bdb2 by accident1 ii4 #bch1 #bci1 #bda2 by starvation1 ii4 #bch n4 #c2 who have committed suicide1 ii4 #bce-bci1 #bdb-bdd1 #bdf1 #bec1 #bfb1 #fid1 #gaj2 who have been killed in war1 ii4 #bcg1 #eba1 #fid1 #fig1 #gjd1 #gjh2 who have been drowned1 ii4 #bch1 #eba1 #fgh1 #fig sq42 who have suffered pain in this life1 ii4 #cfj2 who have died unmarried and childless1 ii4 #cii-djd2 who have refrained from connections with women1 ii4 #dad sq42 who have committed perjury1 ii4 #gae sq42 of women1 i4 #ffb sq41 ii4 #fgc2 of women who have died in childbirth1 ii4 #bch n4 #c1 #fgh2 of children1 ii4 #fgc1 #gbg2 of unbaptised children1 i4 #daa1 #dab1 #daf sq41 ii4 #gba-gbc2 of the heathen1 ii4 #gbj sq42 influenced by human sacrifices offered to the dead1 i4 #dgb-dgf1 ii4 #eah2 by the mutilations and self-bleedings of mourners1 i4 #dgf1 ii4 #edg2 by knowledge of religious truth1 ii4 #acb-acd1 #gai-gba1 #gbe-gbg2 by the treatment of the dead person's corpse1 ii4 #bch1 #eba-ebc1 #edf1 #edh1 #fid1 #gjd2 by offerings made to the dead1 ii4 #djj-djd1 #eag1 #eah1 #ebd1 #eci1 #fib1 #gjj1 #gja1 #gjd1 #gjh2 by alms given on behalf of the dead1 ii4 #eej-eeb2 by prayer on behalf of the dead1 ii4 #eeb2 by curses1 ii4 #fib1 #fic1 #gjh1 #gji1 #gae sq42 by rank1 ii4 #fih2 by magical practices1 ii4 #gjj1 #gja1 #gjf1 #gji1 #gaj1 #gab2 by vicarious expiation1 ii4 #gai sq42 by divine election1 ii4 #gai sq42 by faith1 ii4 #gai-gba1 #gbe-gbg2 by sacramental grace1 ii4 #gai sq41 by baptism1 ii4 #gba-gbc ,,generality1 the moral emotions characterised by a flavour of1 i4 #ajd1 #aje1 #ajg1 #aag-abc ,generosity1 charity and1 ch4 xxiii4 7i4 #ebf-efi7 ,gifts1 blessings pronounced by recipients of1 i4 #efa-efe2 the danger of accepting1 i4 #eic sq4 ,girls1 at puberty1 ii4 #cjg sq4 ,gluttony1 ii4 #bij sq4 ,goat-dung1 a means of purification1 i4 #cgf -----flesh1 abstinence from1 ii4 #cbb1 #ccb ,god1 definition of the term1 ii4 #fjb ,goddesses1 jealous of the chastity of their priests1 ii4 #dad ,gods1 duties to1 ch4 xlviii4 sq4 7ii4 #fjb-ffb72 as guardians of morality1 chs4 l4-lii4 7ii4 #ffc-gcg72 punish innocent persons in consequence of the sins of the guilty1 i4 #dh-gb1 ii4 #ffj2 punish unchastity1 i4 #di1 ii4 #fge2 curses personified #hdg and elevated to the rank of supernatural agents or1 i4 #fj1 #cgi1 #dhb1 #efa1 #ehe1 #fbc1 #fbd1 #fbf1 ii4 #fh1 #aaf1 #gae1 #gcb2 human sacrifices offered to1 i4 #fb1 #fc1 #fe1 #ff1 #cci1 #dcd-dgb1 ii4 #bie1 #bif1 #dai1 #eei1 #efb1 #efc1 #egi1 #fea1 #fig2 reward undeserving persons in consequence of the merits of others1 i4 #if-ii1 ii4 #ffj2 connection between the severity of punishment and the belief in1 i4 #aic-aih2 disobedience to1 i4 #aid-aih1 ii4 #fei sq42 revengeful feelings attributed to1 i4 #aid1 #aih1 #dch-ddj1 #dga sq41 ii4 #ffj1 #ffa1 #ffg1 #ffh1 #gjb1 #gad2 attach undue importance to the outward aspect of conduct1 i4 #bbg-bca1 #bcc-bce1 ii4 #gad2 judge upon human actions without much regard to their motives1 i4 #bii-cjb2 punish homicide1 i4 #cgh-chj1 ii4 #ffi1 #fgb1 #fgf1 #fhd1 #fhf1 #gjj1 #gad1 #gag1 #gcb2 curses transformed into attributes of1 i4 #cgi1 #efa1 #efb1 #ehe1 #fbd1 ii4 #fh1 #aaf1 #gae2 blood pollution shunned by1 i4 #chj-chb2 enjoin or approve of charity1 i4 #edi-eeh4 #efa-efi1 ii4 #ffi1 #fgb1 #fii1 #gje1 #gaa1 #gag1 #gah1 #gbe1 #gbf1 #gcb2 appealed to in curses or oaths1 i4 #efa1 #efd sq41 ii4 #ff1 #fg1 #abj-abc1 #feh1 #fhf-fij1 #fii1 #gca sq42 in blessings1 i4 #efb1 #efd sq41 ii4 #fhf1 #gca2 enjoin hospitality1 i4 #egh-ehj1 ii4 #ffi1 #gaa1 #gad1 #gag1 #gah1 #gbf1 #gcb2 exposed to the curses of men1 i4 #ehe1 ii4 #fah-fbd1 #fcf1 #fch1 #fef-fei1 #gjj2 protect refugees1 i4 #ehe1 ii4 #fbi-fcc1 #fcf1 #fch1 #gad2 enjoin regard for parents1 i4 #faj1 #fbd1 ii4 #gaa1 #gad1 #gag1 #gcb2 punish abandoning of old persons1 i4 #fbj2 punish disrespect for chiefs1 i4 #fbf2 women shunned by1 i4 #ffd-fff2 guardians of property1 ii4 #ei-fi1 #ffi1 #fge-fgg1 #fgi1 #fhd1 #fhf1 #fii1 #gjj1 #gje1 #gad1 #gag1 #gcb2 guilty of falsehood1 ii4 #id1 #ie1 #ih2 guardians of truth and good faith1 ii4 #if1 #aad-abc1 #abh1 #abi1 #ffi1 #fgb1 #fge-fgg1 #fhd1 #fhf1 #fii1 #gjj1 #gjc-gje1 #gjg1 #gaa1 #gad1 #gag1 #gbf1 #gcb2 perjury regarded as an offence against1 ii4 #abb1 #abb sq4 n4 #aj2 perjury punished by1 ii4 #abc n4 #a1 #fhd1 #fhf1 #gad2 condemn pride1 ii4 #add sq42 different1 fused into one1 ii4 #bbe sq42 approve of suicide1 ii4 #bcf1 #bdd1 #bfa2 suicide offensive to1 ii4 #bcg1 #bdc1 #bde-bdi1 #bea-bed1 #bfj1 #bfc2 agriculture pleasing to1 ii4 #bge1 #bgg2 commend industry1 ii4 #bge1 #bhj1 #bha1 #fge1 #gje2 require pure sacrifices1 ii4 #bie sq42 prohibit the eating of certain foods1 ii4 #cbf1 #ccj1 #cce #fga2 disapprove of abstinence from intoxicating drink1 ii4 #cci2 disapprove of drunkenness1 ii4 #cdb2 demand ceremonial cleanliness1 ii4 #ceb1 #cec1 #gjj n4 #e1 #gje1 #gah1 #gbf2 punish ablutions1 ii4 #cee2 self-mortification pleasing to1 ii4 #cef-cfa1 #dba2 exciting the compassion of1 ii4 #cfa2 envious of men1 ii4 #cfa1 #gad1 #gaf2 punish incest1 ii4 #cge1 #cgf1 #fga2 women married to1 ii4 #dab-dad2 sexual 9999pollution shunned by1 ii4 #dah2 addicted to homosexual practices1 ii4 #dgb1 #dgd2 eating of1 ii4 #efc sq41 see ,totem2 the tendency to make them more and more perfect1 ii4 #eii1 #fjj1 #gcj1 #gca1 #gcc sq42 not necessarily immortal1 ii4 #fjb sq42 killing of1 ii4 #fjb-faj1 #gec sq41 see ,totem2 punished by men1 ii4 #faj2 subject to human needs1 ii4 #faj sq42 sacrifices to1 ii4 #faa-fbf1 see ,sacrifice2 fear of1 ii4 #fab-fad1 #gbe2 malevolent1 ii4 #fac1 #ffe-ffg1 #gjf1 #gjg1 #gji1 #gad1 #gaf1 #gbh1 #gbi1 #gcc2 benevolent1 ii4 #fac-fae1 #ffg-ffi1 #fig-gjh1 #gab1 #gac1 #gaf1 #gbe1 #gbh1 #gbi1 #gca2 assistance expected from1 ii4 #fad-faf2 gratitude to1 ii4 #fae sq42 property of1 ii4 #fbf sq42 self-regarding pride of1 ii4 #fci-fee2 blasphemy against1 ii4 #fci1 #fdj1 #gai2 taboos imposed upon the names of1 ii4 #fdj-fdc2 intolerance of1 ii4 #fdc-fdg1 #fdi1 #fej1 #feb2 tolerance of1 ii4 #fdg-fdi1 #feb sq42 free from human weaknesses1 ii4 #feb2 prayers to1 ii4 #fec-fei1 see ,prayer2 priests regarded as manifestations of1 ii4 #feg1 #gji2 the communal character of the relations between men and their1 ii4 #ffa2 selection of1 ii4 #ffb1 #gbi sq42 punish transgressions of custom1 ii4 #fgj1 #gbh2 punish bad behaviour towards old and sick persons1 ii4 #fgb1 #fge2 punish adultery1 ii4 #fge1 #fgf1 #fhd1 #fhf1 #gjj1 #gag2 love justice1 ii4 #fge1 #fhd1 #fhf1 #fii1 #gjj1 #gjc1 #gjd1 #gcb2 approve of valour1 ii4 #fgi2 fighting against evil #hdh spirits1 ii4 #gja1 #gjb1 #gjd-gjf1 #gbi2 invoked by thieves1 ii4 #gcc4 ,see ,guardian spirits1 ,religion1 ,supernatural beings1 ,supreme beings1 ,totem ,golden rule1 the1 i4 #ajb sq4 ,good1 analysis of the concept1 i4 #ade-adg ---- deeds1 i4 #bii-cjb ,good faith1 regard for truth and1 ch4 xxx4 sq4 7ii4 #gb-aca7 ,gratitude1 i4 #ba1 #db1 #dc1 #ic1 #id1 #cah1 #cai1 #ech1 #fah1 ii4 #aed-aff2 to gods1 ii4 #fae sq4 ,greetings1 i4 #eij-eib1 ii4 #adf1 #adg1 #adi-aea ,gregarious instinct1 the1 ii4 #aig sq4 ,gregariousness1 i4 #id1 #ie1 #aac1 ii4 #aie-aig4 #gdh ,grief1 expressions of1 ii4 #bhc1 #cjh1 #caf1 #ebh ,group marriage1 ii4 #chg1 #cib-cif1 #geb ,guardian spirits1 i4 #cgc1 #dfd sq41 ii4 #baj1 #djf1 #ebh-eca1 #ehh1 #fff1 #ffh1 #ffi1 #fge1 #fgf1 #gjb ,,habit1 the influence of1 on moral ideas1 i4 #aei1 #afj1 #djb1 #ecc1 #eei1 #fdf1 ii4 #eb1 #abe-aca1 #adf1 #ahe1 #bgb1 #cce1 #cdc1 #cea1 #cib1 #ddj1 #dda1 #dee1 #dga1 #dhd1 #eji1 #egg1 #egh1 #ehj2 on the authority of the law1 i4 #afc sq4 ,hair1 conditional curses seated in the1 i4 #eg sq4 ,handicraft1 moral valuation of1 ii4 #bgc1 #bgd1 #bgh-bhj1 #bhb sq4 ,handshaking1 ii4 #aej1 #aea1 #fbc sq4 ,happiness1 regard for other persons' ch4 xxxiii4 7ii4 #aec-ahe72 for one's own1 ii4 #bfe ,hares1 abstinence from eating1 ii4 #ccc sq4 ,head-hunting1 i4 #ccc1 #cgc1 #edd ,heedlessness1 i4 #baa1 #cje-caj ,hell1 notions about1 ii4 #fj1 #bhd1 #dag1 #fgb1 #fgd1 #fge1 #fgg1 #fgh1 #fhc1 #fib1 #gjf1 #gbc1 #gbd1 #gbg ,heresy1 ii4 #fdf sq42 punishment of1 i4 #dg1 #ej1 #bde1 #dic2 considered a legitimate cause of war1 i4 #cdi-ceb1 #cei2 judicial torture in cases of1 i4 #ebc2 a bar to intermarriage1 ii4 #chj sq42 homosexual practices associated with1 ii4 #dhf-dhi2 the future state influenced by1 ii4 #gba ,holiness1 must not be defiled by curses or oaths1 i4 #eh1 #fbe1 ii4 #fch2 by blood1 i4 #chj-chb2 by women1 i4 #ffd-fff2 by food1 ii4 #bid-bif2 by certain kinds of food1 ii4 #cbb2 by intoxicating drink1 ii4 #cdd sq42 by sexual pollution1 ii4 #dae-dbj1 #geb2 very susceptible to any polluting influence1 ii4 #ceb1 #cec1 #fjh-faj2 objects endowed with1 must not be appropriated for ordinary purposes1 ii4 #fbg sq42 a god's1 polluted by his name being mentioned in profane conversation1 ii4 #fdc2 attributed to sacrificial victims1 i4 #fc1 #fe1 #fi1 #ddd-ddg1 ii4 #efc1 #fbe1 #feh2 its magic virtue transferred by contact1 i4 #fc-fe1 #fi1 #ddd-ddf1 ii4 #fje1 #fjf1 #fbe1 #ged2 by eating1 i4 #ddf1 ii4 #efb-efd1 #fje1 #fbe2 by sexual intercourse1 i4 #eic1 ii4 #ddd-ddf1 #dhh2 looked upon as a transferable entity1 i4 #ehf1 ii4 #fjg-faj1 #ged2 contact with1 regarded as dangerous1 ii4 #ech n4 #b ,see ,sacred places ,home1 love of1 ii4 #afg-afi1 #agi sq4 ,homestead1 sanctity of the1 i4 #ehg1 ii4 #fce n4 #d ,homicide1 in general1 chs4 xiv-xvi4 7i4 #cbg-chb72 punished with death i4 #aga1 #agb1 #ahg1 #ahi1 #dia1 #dib2 considered polluting1 i4 #bbe1 #bcb1 #bcc1 #cge-chb1 ii4 #bef sq4 n4 #b1 #bfb1 #gad2 stigmatised by religion1 i4 #cde1 #cdf1 #cgh-chj1 #chb1 ii4 #ffi1 #fgb1 #fgf1 #fhd1 #fhf1 #gjj1 #gje1 #gad1 #gaf n4 #b1 #gag1 #gcb2 the influence of rank on the criminality of1 i4 #dcj-dcc2 duels in cases of1 i4 #eja sq4 ,see ,blood-revenge1 ,compensation for homicide1 ,duel1 ,head hunting1 ,human sacrifice1 ,killing1 ,manslaughter1 ,manslayers1 ,punishment of ,death1 ,war ,homosexual love1 ch4 xliii4 7ii4 #def-dhi71 #geb sq4 ,honey1 abstained from after a death1 ii4 #cja ,honour1 duels of1 i4 #dih-ejc1 #ejg-eaj2 respect for other men's1 ii4 #acg-adc ,hope1 as an element in religion1 ii4 #fad1 #gce2 in rewards after death1 ii4 #gce ,horses1 stealing of1 i4 #ahg sq41 ii4 #ad2 abstinence from the flesh of1 ii4 #cbb1 #cce ,hospitality1 ch4 xxiv4 7i4 #egj-eif72 i4 #ccc1 #cdj1 #edj1 #edb1 #edc1 #ede1 #edh1 #edi1 #eee2 enjoined by religion1 i4 #hdi #egh-ehj1 ii4 #ffi1 #gaa1 #gad1 #gae1 #gag1 #gah1 #gbf1 #gcb ,houses1 stealing from1 i4 #ahg sq41 ii4 #ae1 #af1 #eh1 see ,burglary2 asylums1 i4 #ehg1 ii4 #fcj1 #fce n4 #d1 #fcf sq4 ,human effigies1 sacrifice of1 i4 #dfh-dgj1 #dge ---- sacrifice1 ch4 xix4 7i4 #dcd-dgf72 i4 #bf-bh1 #fb1 #fc1 #fe-fg1 #cci1 #dhf1 ii4 #bcd1 #bie1 #bif1 #dai1 #dej1 #dea1 #eah1 #egi1 #fea1 #fig2 the execution of blood-revenge a kind of1 i4 #dgf1 #dha sq42 suicide as a kind of1 ii4 #bcd-bcf2 combined with cannibalism1 ii4 #eei1 #efb sq4 ,humility1 ii4 #add-adf2 sacrifice as a symbol of1 ii4 #fbe sq4 ,hunting peoples1 vegetable food provided by the women among1 i4 #fcd1 ii4 #bgc2 the position of women among1 i4 #ffj sq42 slavery hardly known among1 i4 #fgb2 social aggregates of1 ii4 #aih-bjj2 the form of marriage among1 ii4 #chi sq4 ,husbands1 their power over their wives1 ch4 xxvi4 7i4 #fbi-ffi72 wives punished if convicted of a design to kill their1 i4 #bde2 crimes committed by wives in the presence of their1 i4 #bhd2 killing their wives1 i4 #dah1 #dai1 #fca2 wives killing their1 i4 #dai sq42 wives sacrificed on the death of their1 i4 #dgb-dgd1 ii4 #dej sq42 wives committing suicide on the death of their1 i4 #dgc sq41 ii4 #bcb1 #bcd1 #bce1 #bda1 #bdb1 #bdd1 #bdg2 inflicting bodily injuries upon their wives1 i4 #ead-eaf1 #fca2 their duty to protect and support their wives1 i4 #ebf-ebi1 #ecb sq42 lending their wives to guests1 i4 #ege1 #eic2 living with their fathers-in-law1 i4 #fja1 #fef sq41 ii4 #bjb1 #bjc2 curses of1 i4 #fbf2 selling their wives as slaves1 i4 #fge4 #fhd2 belief in a mysterious bond of sympathy between wives and1 ii4 #bje2 wives fasting on the death of their1 ii4 #bih-cja2 adultery committed by1 ii4 #cig1 #dea-dee2 eating their wives1 ii4 #eee4 ,see ,marital affection1 ,marriage1 ,widowers ,,idiots1 injuries committed by1 i4 #bfi-bgc1 #bge2 objects of religious reverence1 i4 #bgj sq42 kindness to1 i4 #edg ,idleness1 ii4 #bfh-bgg1 #bha sq42 a cause of uncleanliness1 ii4 #cej sq4 ,illegitimate children1 rules of inheritance relating to1 i4 #dg1 ii4 #df1 #dh1 #di1 #ef sq42 treatment of1 i4 #dg1 ii4 #dca1 #dci2 sacrifice of1 i4 #dfg ,impartiality1 apparent1 a characteristic of the moral emotions1 i4 #ajc1 #ajd1 #ajg1 #aag-abb ,inanimate things1 revenged upon or punished1 i4 #bf1 #bg1 #bfj-bfd1 #cjh2 retributive emotions evoked by1 i4 #bf1 #bg1 #bfj-bfd1 #cae1 #cah2 conceived as animate1 i4 #bg1 #bfc1 ii4 #eie2 moral praise and blame not applied to1 i4 #cai ,incantations1 ii4 #fef-fei ,incest1 prohibition and horror of1 i4 #agd4 #age1 #agg1 #aig4 #dib1 ii4 #cfd-cgh1 #gdg-geb2 stigmatised by religion1 ii4 #cge1 #cgf1 #fga ,indemnification1 i4 #afh1 #afi1 #cjh sq4 ,see ,compensation ,independence1 love of national1 ii4 #agj1 #age ,indifferent1 the morally1 i4 #aed-aeg ,industry1 ii4 #bfh-bhb2 commended by religion1 ii4 #bge1 #bhj1 #bha1 #fge1 #gje2 cleanliness promoted by1 ii4 #ce ,infanticide1 i4 #cgh1 #cid-dac1 #fcc1 ii4 #efb2 supposed relationship between the social reaction against homosexuality and against1 ii4 #dhd1 #dhe1 #geb sq4 ,infants1 exposure of1 i4 #djf-dab2 a source of slavery1 i4 #fhi4 ,see ,infanticide ,inheritance1 rules of1 ii4 #dd-di1 #ec-eg ,initiation ceremonies1 instituted by the ,all-father1 ii4 #fga ,injustice1 analysis of the concept1 i4 #ada-ade ,injustice1 punished by the supreme being1 ii4 #fge ,instinct1 the meaning of the word1 ii4 #cgd n4 #b ,insults1 i4 #ci1 #ejb1 #ejc1 #eji1 #eaj1 #ebd sq41 ii4 #aaj1 #ach-adc2 to the dead1 ii4 #eai2 to gods1 ii4 #fci-feb ,intellectual disability1 agents under1 ch4 x4 7i4 #bdi-bhb7 ,intemperance1 ii4 #bij sq4 ,intentions1 i4 #bjd-bjf1 #bab sq42 punishment of bare1 i4 #bdd sq4 ,intolerance1 religious1 ii4 #fdc-fec #hej ,intoxicants1 religious1 veneration of1 ii4 #eia sq4 ,see ,drink1 intoxicating2 ,drunkenness2 ,wine ,inversion1 sexual1 ii4 #dfe-dgj1 #geb sq4 ,,jealousy1 ii4 #chg1 #chi1 #ddi1 #dej1 #gea ,jinn 7jnn71 i4 #cgh1 #cgi1 #fai1 ii4 #cee1 #dic4 #ehi1 #eic-eid1 #fdj1 #fdb1 #fej ,joint family1 the1 i4 #eci sq41 ii4 #bac-baf ,judgment of ,god1 war looked upon as a1 i4 #ceh1 #cfj2 the duel as a1 i4 #ejd-ejg4 ,see ,ordeals ,jus prim noctis1 ii4 #cie1 #geb ,justice1 analysis of the concept1 i4 #ada-ade ,justice1 the sense of1 among savages1 i4 #abd1 #abf-abi2 loved by gods1 ii4 #fge1 #fhd1 #fhf1 #fii1 #gjj1 #gjc1 #gjd4 #gcb ,karma1 ii4 #gaa ,killing1 in self-defence1 i4 #bhh-bij2 of foreigners1 i4 #cca-ccd1 #ccg-cd1 #cgj1 #cga1 #cgc2 of enemies1 i4 #cca-ccc1 #cgc1 ii4 #fic2 of slaves1 i4 #cgh1 #dba-dbi1 #fif1 #gjg2 of infants by their parents1 i4 #cgh1 #cid-dac1 #fcc1 ii4 #efb2 of human embryos1 i4 #cgh1 #djh1 #dji1 #dac-dag1 ii4 #gje2 of parents by their children1 i4 #chc-chf1 #ebb1 ii4 #bef sq4 n4 #b2 or abandoning of aged parents1 i4 #chf-cij1 #fjf1 #fjg1 #fab1 #fbj2 or abandoning of sick persons1 i4 #cia-cic1 ii4 #edb2 of grown-up children by their parents1 i4 #cic sq41 ii4 #bef sq4 n4 #b2 of wives by their husbands1 i4 #dah1 #dai1 #fca2 of women1 i4 #dah-dba2 of husbands by their wives1 i4 #dai sq42 of freemen by slaves1 i4 #dbi1 #dcj1 #dia n4 #e2 of chiefs1 i4 #dcj2 of the firstborn child1 i4 #deh-dfj1 ii4 #efb2 of the firstborn son1 i4 #deh-dfa2 of departed souls1 ii4 #eaf sq42 of divine beings1 ii4 #fjb-faj1 #gec sq42 of disappointing magicians1 ii4 #fji4 ,see ,blood-revenge1 ,compensation for homicide1 ,duel1 ,head hunting1 ,homicide1 ,human sacrifice1 ,manslaughter1 ,manslayers1 ,punishment of death1 ,suicide1 ,war ,killing of animals1 ch4 xliv4 7ii4 #dij-ead72 in consequence of harm done by them1 i4 #bf1 #bg1 #bea-bfj2 of sacred animals1 i4 #bbg1 ii4 #fjc-fjf1 #fji2 of totem animals1 ii4 #baj1 #fjc1 #fjd1 #fjf2 of vermin1 i4 #bf1 #bg1 #bea2 dogs1 i4 #cha n4 #f1 ii4 #eja2 monkeys1 ii4 #cbi1 #dij1 #eac2 buffaloes1 ii4 #ccj2 sheep1 ii4 #ccj2 cattle1 ii4 #ccj1 #dic sq42 cows1 ii4 #ccj1 #cca1 #dig2 the ploughing ox1 9999ii4 #ccj1 #cca1 #dic4 #did1 #ejd2 calves1 ii4 #cca2 bees1 ii4 #dij2 pigeons1 ii4 #dij2 storks1 ii4 #dij2 swallows1 ii4 #dij2 ravens1 ii4 #dia2 toads1 ii4 #dia2 fish1 ii4 #dig sq4 ,see ,sacrifice ,king1 the1 tied by custom1 i4 #afa sq42 the poor and the weak protected by1 i4 #ahj sq42 the right of pardon a prerogative of1 i4 #aib1 #aif1 #bbf2 an object of religious veneration1 i4 #aid1 ii4 #fjf-faj1 #ged2 homicide committed by the command of1 i4 #bhe2 strangers protected by1 i4 #cch2 homicide regarded as an injury inflicted upon1 i4 #cgd2 sacrificed1 i4 #ddc1 #dff2 human sacrifices offered for the purpose of saving the life of1 i4 #ded-deg1 #dff2 proprietary rights of1 ii4 #cc2 loyalty to1 ii4 #ahj1 #ahb2 suicide regarded as an offence against1 ii4 #bdj1 #bfc n4 #a2 taboos imposed upon1 ii4 #bhg sq41 #djg1 #dah2 the custom of shutting up doors used by1 ii4 #ech n4 #b2 cannibalism as a duty incumbent upon1 ii4 #eeh2 killing of1 ii4 #fjf-faj1 #gec sq42 his burial place an asylum1 ii4 #fcj2 his house an asylum1 ii4 #fcf2 his person an asylum1 ii4 #fcf sq42 swearing on the life of1 ii4 #fcg2 criminals prevented from cursing1 ii4 #fcg2 curses pronounced by1 ii4 #gjc ,kinship1 mutual assistance imposed as a duty by1 i4 #ech-edj2 the social influence of1 ii4 #aih1 #bja-bjf1 #bbj1 #bbd1 #bbg1 #gdh4 ,see ,descent ,knots1 magic1 ii4 #ehe1 #fai1 #feb ,knowledge1 regard for1 ii4 #aca-acf2 of religious truth1 influencing the future state1 ii4 #acb-acd1 #gai-gba1 #gbe-gbg ,known concomitants of acts1 i4 #bab-bad1 #bdi ,,labour1 ii4 #bfh-bhc2 the division of1 between the sexes i4 #fcc-fcg1 ii4 #bga2 property acquired by1 ii4 #da-dc1 #ec1 #fi-ga2 suspension of1 #hea on various occasions1 ii4 #bhc-bhi2 temporarily forbidden to men who have eaten human flesh1 ii4 #ege ,l-7ahd1 ii4 #fbc sq4 ,lamentations at funerals1 ii4 #ebd1 #ebh1 #eda sq4 ,landmarks1 removing of1 i4 #ahf1 ii4 #fj1 #fa1 #fg-fi1 #gjc1 #gad1 #gag ,language1 as a communicator of moral emotions1 i4 #aae-aag2 as an expression of moral concepts1 i4 #aca-acc2 the influence of a common1 ii4 #afg1 #agj1 #aha2 as an emblem of nationality1 ii4 #bbd sq4 ,l-7r1 i4 #eg1 #eh1 #eff1 #ehf1 #ehg1 #eia1 ii4 #ehd-ehf1 #fah-fbj1 #fbc1 #fch ,laws1 customs and1 as expressions of moral ideas1 ch4 vii4 7i4 #aeh-bja72 their relations to customs1 i4 #afc-aff ,lent fast1 ii4 #bie1 #cjh sq4 ,levirate1 the1 i4 #ebh ,lex talionis4 ,see ,equivalence1 the rule of ,libel1 i4 #ebb1 ii4 #if1 #ada ,lightning1 persons struck by1 i4 #bf1 ii4 #bci1 #edd1 #edi1 #fig sq4 ,likings1 disinterested1 i4 #aag1 ii4 #af1 #eh1 #ahe1 #bbg1 #bfa1 #bfb1 #bff1 #bfg1 #gdd-gdf ,limbus1 ii4 #gbb ,lions1 their fear of strange phenomena1 ii4 #ehc ,love4 ,see ,affection1 ,free love1 ,homosexual love ,loyalty1 ii4 #ahj1 #ahb ,lunacy1 attributed to demoniacal possession1 i4 #bgj1 #bgd sq41 ii4 #eic2 to malignant magical agency1 i4 #cag1 ii4 #eca sq42 regarded as a divine punishment1 i4 #bgd sq42 as a punishment inflicted by a saint1 ii4 #fbh ,lunatics1 injuries committed by1 i4 #ahi1 #bfi-bgg1 #bih1 #bii1 #caf1 #cag1 #cai2 objects of religious reverence1 i4 #bgj sq41 ii4 #eij2 burned as witches1 i4 #bgc ,luxury1 ii4 #bff ,lying4 ,see ,truth1 regard for ,lynching1 i4 #ia ,,madness4 ,see ,lunacy ,magic1 regarded as a cause of death1 i4 #bd1 #bi1 ii4 #ecd1 #fea2 as a cause of lunacy1 i4 #cag1 ii4 #eca sq42 expertness in1 attributed to strangers1 i4 #ehd2 to old persons1 i4 #fai sq42 to women1 i4 #fbj1 #fff-ffh2 the position of slaves influenced by the dread of1 i4 #gaf2 fasting in connection with1 ii4 #bic sq42 definitions of1 ii4 #ehd1 #gec2 attitude of religion towards1 ii4 #fdi1 #fej1 #feb1 #gec2 its influence on moral ideas1 ii4 #fif2 supposed to influence the future state of men1 ii4 #gjj1 #gja1 #gjf1 #gji1 #gaj1 #gab4 ,see ,blessings1 ,blood1 ,charms1 ,cross1 ,cross-roads1 ,curses1 ,evil eye1 ,knots1 ,l-7ahd1 ,l-7r1 ,magicians1 ,oaths1 ,ordeals1 ,prayer1 ,purificatory ceremonies1 ,sacrifice1 ,sexual intercourse 7as a magical or religious rite71 ,spitting1 ,transference1 ,witchcraft ----1 homoeopathic1 ii4 #ddf n4 #g1 #gec ----1 sympathetic1 i4 #ehi sq41 ii4 #bjd1 #bje1 #bji n4 #e1 #edf1 #eff1 #fdc ,magicians1 curses of1 i4 #efc2 sexual intercourse with1 i4 #eic n4 #a2 abstain from certain foods1 ii4 #cbb1 #cbg2 purificatory ceremonies of1 ii4 #ceb2 celibacy compulsory on1 ii4 #dje sq42 conjugal faithfulness compulsory on persons who wish to become1 ii4 #dai2 addicted to homosexual practices1 ii4 #deh1 #dei1 #dfe1 #dgb1 #dgg1 #dhd1 #dhf sq42 treatment of the dead bodies of1 ii4 #ebg2 cannibalism of1 ii4 #efd2 killing of disappointing1 ii4 #fji2 their residences asylums1 ii4 #fca4 ,see ,witches2 cf4 ,priests ,males1 the sexual impulse of1 i4 #feg ,mammals1 paternal care among1 ii4 #ahi sq42 maternal care among1 ii4 #aij2 the duration of conjugal unions among1 ii4 #aib ,man-gods1 eating of1 ii4 #efc sq42 killing of1 ii4 #fjf-faj1 #gec sq4 ,mankind at large1 duties to4 ,see ,cosmopolitanism ,manslaughter1 distinguished from murder1 i4 #bid-bih1 ii4 #fcc ,manslayers1 regarded as unclean1 i4 #bbe1 #bcb1 #bcc1 #cge-chb1 ii4 #bef sq4 n4 #b2 adoption of unintentional1 i4 #dhd2 refuge denied to1 ii4 #fcb sq4 ,marital affection1 i4 #aac1 #ecb sq41 ii4 #aij-aic4 ,see ,conjugal affection ,marriage1 ch4 xl4 7ii4 #cfd-cih72 as a compensation for homicide1 i4 #dhd2 the father's consent required for a daughter's1 i4 #eii1 #fji1 #faa1 #fac1 #fae sq41 ii4 #chc2 for a son's1 i4 #fji1 #fac1 #fae sq42 the parents' #heb consent required for a child's1 i4 #fjg1 #fjh1 #fag1 #fah1 #fbd sq42 slaves prohibited from contracting a legal1 i4 #fic1 #fig1 #gjf sq42 prohibition of1 between white and coloured persons1 i4 #gad2 between relations by adoption1 ii4 #cfi1 #cgd1 #cge1 #gdh-gej1 #geb2 regarded as a duty1 ii4 #cii-dje2 enjoined by religion1 ii4 #cii-djd2 between dead persons1 ii4 #djj2 forbidden to persons whose function it is to perform religious or magical rites1 ii4 #dje-dji1 #dab-dad1 #dah-dba2 considered impure1 ii4 #daj-dab2 between a god and a woman1 ii4 #dab-dad2 avoidance of1 between cannibals and their non-cannibal neighbours1 ii4 #ega2 the contracting of a second1 forbidden to widows1 i4 #dge1 ii4 #dej sq42 to priests1 ii4 #dab2 considered improper for widowers1 ii4 #dea4 ,see ,divorce1 ,group marriage1 ,incest1 ,levirate ,marriage by capture1 ii4 #chb sq4 ---- by purchase1 i4 #dba1 #eii1 #fcb sq41 ii4 #chb-che1 #gea2 a hindrance to polygyny1 ii4 #chi2 the marriage tie strengthened by1 ii4 #cig2 the standard of female chastity raised by1 ii4 #dcf1 #dcg1 #ddj ---- portion1 ii4 #che sq42 the marriage tie strengthened by the1 ii4 #cig ,maternal affection1 i4 #dje1 #ebi-eca1 ii4 #ahf-aij1 #aic1 #gdh ---- duties1 i4 #ebf1 #ecc1 9999ii4 #gdh ---- rights1 ch4 xxv4 7i4 #eig-fbh71 9999ii4 #gdh ,matter1 regarded as impure1 ii4 #cfb sq4 ,meat1 manslayers prohibited from eating1 i4 #cge2 abstained from before the offering of a sacrifice1 ii4 #bif2 after a death1 ii4 #cja1 #cjb1 #cjd sq4 ,see ,vegetarianism ----1 fresh1 abstained from after a death1 ii4 #cjj sq42 by girls at puberty1 ii4 #cjg sq4 ,medicines1 religious veneration of1 ii4 #eia1 #fda ,men1 the occupations of1 i4 #fcc-fcg2 the sexual impulse of1 i4 #feg2 forbidden to eat certain foods1 ii4 #cba sq42 extra-matrimonial intercourse of1 ii4 #dbb-dcd1 #dcf-dee2 the preference given to virgin brides by1 ii4 #dcd-dcg1 #ddj2 homosexual practices between1 ch4 xliii4 7ii4 #def-dhi71 ii4 #geb sq4 ,merit1 analysis of the concept1 i4 #aej-aeb ,merits1 i4 #hf1 ii4 #cfj sq41 common enjoyment of1 i4 #if-ii2 the conferring of1 upon the dead1 ii4 #eej-eeb ,midsummer customs1 i4 #ef sq4 ,milk1 prohibition of boiling1 i4 #aig2 offered to strangers1 i4 #eij sq42 abstinence from1 ii4 #cbe sq42 after a death1 ii4 #cja ,miracles1 ii4 #eij sq4 ,modesty1 ii4 #add sq4 ,monkeys1 the feeling of revenge in1 i4 #cg sq42 self-regarding pride in1 i4 #ci1 ii4 #ach2 sympathetic resentment in1 i4 #aab2 credited with a conscience1 i4 #bdi2 adoption of young among1 ii4 #ahi2 abstinence from eating1 ii4 #cbh sq42 aversion to killing1 ii4 #cbi1 #dij1 #eac4 ,see ,apes ,monks1 sexual intercourse forbidden to1 ii4 #dji1 #dab2 addicted to homosexual practices1 ii4 #dfb1 #dfg ,monogamy1 ii4 #aib1 #chg-cib ,monotheism1 intolerance of1 ii4 #fdd-fdg1 #fdi1 #fej1 #feb2 its tendency to attribute the most exalted qualities to the deity1 ii4 #gcd ,moon1 abstinence from work in connection with changes in the1 ii4 #bhd-bhg1 #gdg2 fasting in connection with changes in the1 ii4 #bif1 #big4 #cji-cac ---- gods1 appealed to in oaths1 ii4 #aba1 #abb1 #fii2 regarded as judges1 ii4 #fii1 #gjc sq4 ,moral approval1 the nature of1 i4 #ba1 #ic-ajg2 the origin of1 i4 #ajh-aaa1 #aag-abc1 #abi sq42 moral concepts springing from1 i4 #ade-aed2 only indirectly expressed in custom1 i4 #afj2 hardly at all expressed in law1 i4 #aff sq42 the resemblance between the phenomena which give rise to gratitude and those which call forth1 i4 #cah sq4 ---- axioms1 i4 #ab ---- concepts1 based on moral emotions1 ch4 i4 7i4 #d-bj72 analysis of the principal1 ch4 vi 7i4 #aca-aeg72 among non-,european peoples1 i4 #aca-acc ---- disapproval1 the nature of1 i4 #ba-ic1 #ajj-ajg2 the origin of1 i4 #hecajh-abi2 moral concepts springing from1 i4 #acd-ade2 expressed in customs and laws1 ch4 vii4 7i4 #aeh-bja72 the resemblance between the phenomena which give rise to non-moral resentment and those which call forth1 i4 #cae-cai ,moral emotions1 the moral concepts based on1 chs4 i4 7i4 #d-bj71 vi4 7i4 #aca-aeg72 the nature of the1 chs4 ii4-iv4 7i4 #ba-ajg72 the origin of the1 ch4 v4 7i4 #ajh-acj72 expressed in customs and laws1 ch4 vii4 7i4 #aeh-bja72 the resemblance between the phenomena which give rise to non-moral retributive emotions and those which call forth1 i4 #cad-cai2 not determined by the cognition of free-will1 i4 #cba-cbf ---- evolution1 general characteristics of1 ii4 #gdc-gdf ---- ideals1 i4 #aec sq4 ---- judgments1 the emotional origin of1 ch4 i4 7i4 #d-bj72 the assumed objectivity of1 i4 #f-bj1 #ajd sq42 the general nature of the subjects of1 chs4 viii4-xii4 7i4 #bjb-cac72 why conduct and character form the subjects of1 i4 #cad-cbj2 the relation between free-will and1 i4 #cbj-cbf2 the innate character the proper subject of1 i4 #cbf ---- law1 the authoritativeness attributed to the1 i4 #ad-ag ---- reason1 i4 #g sq4 ---- truth1 i4 #ag sq4 ,morbid impulses1 injuries committed under the influence of1 i4 #bih sq4 ,morning gift1 ii4 #che ,mos1 i4 #aai1 #abb ,mother1 children's affection for their1 i4 #ecd-ech1 #fah1 #fei1 ii4 #aid1 #gdh2 descent traced through the1 i4 #eig #eih1 #fee sq41 ii4 #dd-df1 #ed1 #bjb1 #bjc1 #bje1 #bjf1 #baa1 #bbj2 committing suicide on the death of her only son1 ii4 #bdd n4 #c4 ,see ,maternal affection1 duties1 rights2 ,parents ,motives1 ch4 xi4 7i4 #bhc-cjb72 i4 #bjg-bji1 #caf1 #cah ,mourners1 delicate state of1 ii4 #bhc1 #cjg2 considered polluted1 ii4 #cjf1 #cjg1 #ede2 purificatory ceremonies of1 ii4 #ced ,mourning costume1 ii4 #ebd1 #ede1 #edg ---- customs1 ii4 #bhc1 #bhd1 #bih-cjh1 #ebj1 #ebd1 #ebf1 #ebh1 #eda1 #edb1 #edd-edh2 forbidden in the case of suicide1 ii4 #bdg4 ,see ,death ,murder1 manslaughter distinguished from1 i4 #bid-bih1 ii4 #fcc4 ,see ,homicide ,mutilation1 as a punishment1 i4 #aib1 #aie4 #caa1 #cab1 #eac1 #eah-ebc4 ii4 #h1 #i1 #ab1 #ac1 #gd1 #hd1 #abc n4 #a1 #adc n4 #a1 #ddg1 #ddi sq4 ,mutton1 abstinence from1 ii4 #cbb1 #cbg ,mutual aid1 i4 #ech-efi ,,names1 certain superstitions relating to1 i4 #dfj1 ii4 #cfi2 social influence of1 ii4 #bjc sq42 their influence on exogamy1 ii4 #cfi1 #gdh2 prohibition of mentioning dead persons'1 ii4 #ebd1 #ede-edg1 #eej2 of mentioning supernatural beings'1 ii4 #fdj-fdc ,national conceit1 ii4 #agj-agd ,nationalism1 i4 #cfg-cfi1 ii4 #ahd1 #ahe1 #bbd sq4 ,nationality1 the feeling of1 ii4 #ahc-ahe4 ,see ,patriotism ,negative commandments1 why more prominent than positive commandments1 i4 #cjc ,negligence1 i4 #baj1 #baa1 #cjc-cje ,negro slavery1 i4 #dbh1 #dbi1 #eaf-eah1 #fhc1 #gjd-gad1 ii4 #cb sq4 ,negroes1 not accepted as witnesses against white persons1 i4 #dbi2 antipathy to1 i4 #gac sq42 injuries inflicted upon white persons by1 i4 #gac sq42 white persons prohibited from marrying1 i4 #gad ,new1 fear of anything1 i4 #dfb sq4 ,nuns1 sexual intercourse forbidden to1 ii4 #dji1 #dab ,,oaths1 materialistic conception of1 i4 #eh-fa1 #bcc sq42 the taking of1 forbidden to the high priest1 i4 #eh1 ii4 #fch2 to priestesses1 ii4 #fch2 contained in ordeals1 i4 #eje sq41 ii4 #fhg-fij2 taken upon arms1 i4 #ejf1 ii4 #aai-aba2 upon tent-poles1 i4 #ehh n4 #e2 in connection with theft1 ii4 #fb1 #fc1 #ff1 #fh2 sworn by the eldest sister1 i4 #fjf2 on the life of the king1 ii4 #fcg2 supernatural beings appealed to in1 ii4 #fg1 #fh1 #abj-abc1 #fhf-fij1 #fii1 #gca sq42 prohibition of taking1 ii4 #ii1 #abd2 not considered binding if contrary to the good of the ,church1 ii4 #ajj2 methods of adding supernatural #hed energy to1 ii4 #aah-abb2 taken upon blood1 ii4 #aah-aba1 #fba1 #fbb1 #fhg-fhi2 blood-covenants accompanied by1 ii4 #bjh1 #bji1 #efg4 ,see ,perjury ,obedience1 to parents1 ch4 xxv4 7i4 #eig-fbh72 to husbands1 ch4 xxvi4 7i4 #fbi-ffi72 slaves1 to their masters1 ch4 xxvii 7i4 #fgj-gaf72 to rulers1 i4 #aid-aif2 to gods1 i4 #aid-aih1 ii4 #fei sq42 to the dead1 ii4 #eai1 #ebj1 #eda ,occupation1 acquisition of property by1 ii4 #ce-ci1 #ea1 #eb1 #ed sq4 ,occupations of life1 divided between the sexes1 i4 #fcc-fcg1 ii4 #bga ,offerings to the dead1 ii4 #cjb1 #cjc1 #djj-djd1 #eag1 #eah1 #ebd1 #eci1 #edg1 #eej1 #fib1 #gjj1 #gja1 #gjd1 #gjh2 connection between almsgiving and1 ii4 #eej-eeb ---- to gods4 ,see ,sacrifice ,offspring1 man's desire for1 i4 #ecc1 ii4 #chh1 #cia1 #djj-djd1 #dbc1 #ddj2 the future state of persons who have died without1 ii4 #djj-djd ,old age1 criminal responsibility affected by1 i4 #bff sq42 the future state of persons who have died of1 i4 #cij1 ii4 #bce1 #bch n4 #c1 #fih ---- persons1 killing or abandoning of1 i4 #chf-cij1 #fjf1 #fjg1 #fab1 #fbj2 eaten by their relatives1 i4 #cij1 ii4 #eed1 #efh sq42 kind treatment of1 i4 #edj1 #edf1 #fbe sq41 ii4 #fgb2 respect for1 i4 #fjc-fje1 #fad1 #fae1 #fai-fba1 ii4 #aid1 #fge2 supposed to be versed in magic1 i4 #fai sq42 curses and blessings of1 i4 #fbb1 #fbf2 suicide committed by1 ii4 #bcb1 #bce1 #bcf1 #bdg sq4 ,omissions1 i4 #baj-bab1 #cjc-cje1 #cag ,opera supererogativa1 i4 #hf1 #ih sq4 ,see ,merits ,opinions1 moral judgments relating to1 i4 #bae sq4 ,ordeals1 ii4 #fhf-fij1 #gcb2 duels as1 i4 #ejd-ejg ,ought1 analysis of the concept1 i4 #acd-acg ,outlawry1 i4 #df1 #dg1 #agb1 #agc1 #caa ,owls1 prohibition of eating1 ii4 #cba ,oxen1 prohibition of killing ploughing1 ii4 #ccj1 #cca1 #dic1 #did1 #ejd ,,pardon1 the right of1 as a prerogative of the ,crown1 i4 #aib1 #aif1 #bbf ,parental affection4 ,see ,maternal1 ,paternal affection ,parents1 their authority over their children1 ch4 xxv4 7i4 #eig-fbh72 curses or blessings of1 i4 #eh1 #ech1 #fba-fbg1 ii4 #gjc1 #gae1 #gaf n4 #b1 #gcb2 children punished if convicted of a design to kill their1 i4 #bde2 killing their infant children1 i4 #cgh1 #cid-dac1 #fcc1 ii4 #efb1 #geb sq42 children killing their1 i4 #chc-chf1 #ebb1 ii4 #bef sq4 n4 #b1 #gdi2 children killing or abandoning their aged1 i4 #chf-cij1 #fjf1 #fjg1 #fab1 #fbj2 eaten by their children1 i4 #cij1 ii4 #eed1 #efh sq42 killing their grown up children1 i4 #cic sq41 ii4 #bef sq4 n4 #b2 exposing their new-born children1 i4 #djf-dab1 #fhi2 children sacrificed to save the lives of their1 i4 #dee1 #def1 #dei-dfa2 sacrificing their children1 i4 #dee-dfa2 eating their children1 i4 #deh sq41 ii4 #eed1 #eee4 #efb1 #efh sq42 daughters committing suicide on the death of their1 i4 #dgc2 inflicting corporal punishment upon their children1 i4 #eac-eae1 #fjg1 #faj2 children using violence against their1 i4 #eac1 #fbd sq41 ii4 #fgg2 their duty of taking care of their children1 i4 #ebf-ecc2 children's duty of taking care of their1 i4 #ecc-ech2 children's respect for their1 i4 #ecd-ech1 #fjj1 #fja1 #fjg-fac1 #faf-fbh1 ii4 #aid2 children's affection for their1 i4 #ecd-ech1 #fah1 #fei1 ii4 #aid1 #gdh2 religion emphasising children's duties to their1 i4 #ecf1 #ecg1 #fjh1 #faj1 #fab1 #fac1 #faf1 #fag1 #fbj-fbg1 ii4 #gaa1 #gad1 #gae1 #gaf n4 #b1 #gag1 #gcb2 children cursing their1 i4 #efd2 selling their children as slaves1 i4 #eii1 #fjg1 #fji1 #faa1 #fab1 #fae1 #fge1 #fha1 #fhb1 #fhd1 #fhe1 #fhi1 #fia sq42 children telling a falsehood in the presence of their1 ii4 #if2 children addressing abusive language to their1 ii4 #adb2 their duties to their children1 ii4 #aff1 #gdh2 children's duties to their1 ii4 #aff1 #gdh2 committing suicide on the death of their children1 ii4 #bcb1 #bdd n4 #c2 fasting after the death of their children1 ii4 #bih-cjj2 children fasting after the death of their1 ii4 #bih-cja2 children punished after death for #hee inflicting injuries upon their1 ii4 #gae4 ,see ,maternal1 ,paternal affection ,parricide4 ,see ,parents ,parricidium1 i4 #chd sq4 ,pastoral life1 supposed connection between the custom of ultimogeniture and a1 ii4 #dh n4 #d1 #ef n4 #e ---- peoples1 vegetable food provided by the women among1 i4 #fcd1 ii4 #bgc2 the position of women among1 i4 #ffj sq42 slavery among1 i4 #fgb1 #fgc1 #fha2 social aggregates of1 ii4 #bja2 their sympathy for their domestic animals1 ii4 #ejf ,passing-bell1 the1 ii4 #ebd1 #edd ,passover1 the1 i4 #dei1 #dgj1 ii4 #bif ,paternal affection1 i4 #dja1 #djb1 #dje1 #ebi-ecc4 ii4 #ahg-aij1 #aic1 #gdh2 its influence on the duration of marriage1 ii4 #cig ,patriotism1 ii4 #afg-ahe ,peace1 perpetual1 i4 #ccd1 #ccg1 #cfg ---- ,societies1 i4 #cfi ,peculium1 of slaves1 i4 #fij1 #fig1 ii4 #ca-cc2 of sons1 ii4 #bh2 of women1 ii4 #bi ,pederasty4 ,see ,homosexual love ,penance1 ii4 #cef-cfa1 #cfc1 #gjh1 #gce2 fasting as a form of1 ii4 #bdf1 #cae-cah1 #djf ,perjury1 considered contagious1 i4 #eh-fa2 considered sinful though committed unconsciously1 i4 #bbi1 #bca1 #bcc sq42 punished by custom or law1 i4 #eje1 #eba sq41 ii4 #abc n4 #a2 regarded as an offence against the deity1 i4 #ejg1 ii4 #abb1 #abb sq4 n4 #aj2 no civil punishment affixed to1 ii4 #abc n4 #a2 believed to incur divine punishment1 ii4 #abc n4 #a1 #fhd1 #fhf1 #gad2 to cause misery after death1 ii4 #gae sq4 ,phratry1 the1 ii4 #bag1 #bah1 #bbb sq4 ,pigeons1 prohibition of killing1 ii4 #dij2 eating of1 ii4 #gcg ,pilgrimage1 ii4 #cad1 #daf1 #ech n4 #b1 #gbe ,pious fraud1 ii4 #ajj1 #ajd1 #aab ,pocket-picking1 i4 #ahg1 #bdc ,politeness1 i4 #afj1 ii4 #adf-aeb ,pollution1 of sin1 i4 #eb-eg1 #fa-fe1 #gj1 #ga1 #he1 #hf1 #djg1 ii4 #bef n4 #b1 #fed sq42 of curses1 i4 #eg-fa1 #gj1 #bcc1 #bcd1 #fbd sq41 ii4 #ehc1 #ehd1 #gjc2 of blood1 i4 #bbe1 #bcb1 #bcc1 #cge-chb1 ii4 #bef sq4 n4 #b1 #bfb1 #gad2 of women1 i4 #ffc-fff1 ii4 #ech n4 #b2 of self-inflicted death1 ii4 #beg n4 #e #bfb2 of death1 ii4 #bhc1 #cjb-cjg1 #daf1 #ecf-eci1 #edd sq42 of natural death1 ii4 #daf1 #fji2 of food1 ii4 #bid-bif2 of wine1 ii4 #cdd sq42 sexual1 ii4 #dad-dbj1 #geb2 caused by partaking of human flesh1 ii4 #ech1 #ege sq42 holiness very susceptible to1 i4 #eh1 #chj-chb1 #fbe1 ii4 #bid-bif1 #cbb1 #cdd1 #cde4 #ceb1 #cec1 #dae-dbj1 #fjh-faj1 #fch1 #fdc1 #geb ,polyandry1 ii4 #chg1 #cie ,polygyny1 ii4 #chg-cib1 #cie2 connection between illegitimate children's right to inheritance and1 ii4 #eg2 a cause of homosexual practices1 ii4 #dff ,polytheism1 tolerance of1 ii4 #fdg-feb ,pork1 abstinence from1 ii4 #cba1 #cbb1 #cbf-ccj1 #cce ,positive commandments1 i4 #cjc-cje1 #caj ,possession1 acquisition of property by continued1 ii4 #ci-da1 #eb ,potatoes1 abstinence from1 after a death1 ii4 #cja ,poverty1 estimation of1 i4 #eef1 ii4 #bhj sq42 a cause of uncleanliness1 ii4 #cea2 monogamy associated with1 ii4 #cib ,prayer1 ii4 #fec-fei2 for remission of sin1 i4 #di1 #ed1 #ee1 #bbh sq41 ii4 #fed1 #fee4 #gb1 #gjg2 purification preparatory to1 i4 #chj sq41 ii4 #ceb1 #cec1 #ceh1 #cei1 #dae4 #daf1 #dah sq42 development of a curse or a blessing into a1 i4 #efd sq41 ii4 #ff-fh1 #abj-abc1 #feh1 #fhf-fij1 #gca2 almsgiving connected with1 i4 #efg sq42 forbidden to women1 i4 #ffd1 #ffg n4 #a2 used as greeting1 ii4 #aej2 fasting an appendage to1 ii4 #caf sq42 magic efficacy ascribed to1 ii4 #cec1 #dah1 #dai1 #fef-fei1 #gjf1 #gab2 continence a preparation for1 ii4 #dag-dai ,preparation1 acts of1 i4 #bdc-bdf ,prescription1 ii4 #dj1 #da1 #eb sq4 ,pride1 condemnation of1 ii4 #add sq4 ,see ,self-regarding pride ,priestesses1 forbidden to marry or to have intercourse with men1 ii4 #djf-djh1 #dab-dad1 #dbj2 continence compulsory on women who wish to become1 ii4 #dai2 prostitution of1 ii4 #ddc sq42 asylums1 ii4 #fcg sq42 prohibited from taking an oath1 ii4 #fch ,priests1 forbidden to take an oath1 i4 #eh1 ii4 #fch2 to engage in warfare1 #hef i4 #cdh1 #cha2 to shed human blood1 i4 #cha sq42 to take part in a capital charge1 i4 #cha1 #chb1 #dic2 to engage in hunting1 ii4 #ejf2 the law of torture relating to1 i4 #ebc sq42 curses of1 i4 #efc2 enslaving of children of incontinent1 i4 #gjj2 certain foods forbidden to1 or rejected by1 ii4 #cbb1 #cbi1 #ccc1 #cch2 forbidden to marry and to have intercourse with women1 ii4 #dje-dji1 #dab1 #dad1 #dah-dba2 eunuch1 ii4 #djh1 #dad1 #dhh n4 #f2 forbidden to contract a second marriage1 ii4 #dab2 to marry widows1 ii4 #dab1 #dbj2 to marry harlots or divorced wives1 ii4 #dbj2 taboos imposed upon1 ii4 #dag sq42 continence compulsory on persons who wish to become1 ii4 #dai2 temporary continence compulsory on1 ii4 #dai sq42 the punishment of unchastity in the daughters of1 ii4 #dbj2 represented as corrupters of domestic virtue1 ii4 #dcb2 their celibacy a cause of homosexual practices1 ii4 #dfg2 boys kept as1 ii4 #dgc2 used as temple prostitutes1 ii4 #dgc1 #dhh2 cannibalism of1 ii4 #efc1 #egd2 their residences asylums1 ii4 #fcj1 #fcd1 #fcg2 opposing sorcery1 ii4 #feb2 regarded as manifestations of gods1 ii4 #feg1 #gji2 encouraging the belief in the magic efficacy of prayer1 ii4 #feh sq4 ,see ,benefit of ,clergy2 cf4 ,magicians ,primogeniture1 ii4 #de1 #df1 #dh1 #ee sq4 ,promiscuity1 the theory of1 ii4 #cif ,promises4 ,see ,good faith ,property1 the right of1 ch4 xxviii4 sq4 7ii4 #a-ga72 forfeiture of1 as a punishment1 i4 #dg1 ii4 #bed2 acquired by a successful duel1 i4 #dih1 #ejc1 ii4 #i2 of wives1 i4 #fcb1 #fcg-fda1 #fdc1 #fde1 #ffa1 ii4 #bh-ca1 #da2 of women1 i4 #ffa1 ii4 #bh-cj1 #da2 of slaves1 i4 #fgg1 #fhd1 #fhh1 cf4 ,peculium of slaves2 of the dead1 i4 #cii1 ii4 #dd1 #eah1 #eci sq41 see ,inheritance1 ,wills2 of supernatural beings1 ii4 #fbf sq42 supernatural beings as guardians of1 ii4 #ei-fi1 #ffi1 #fge-fgg1 #fgi1 #fhd1 #fhf1 #fii1 #gjj1 #gje1 #gad1 #gag1 #gcb ,prostitution1 i4 #fjh1 ii4 #dbh-dca1 #dcg1 #dci-ddf2 religious1 ii4 #ddc-ddf1 #dhh2 of men1 ii4 #dei-dfb1 #dfc1 #dgf1 #dgh1 #dhh ,provocation1 i4 #bij-bih1 #caa1 #caf sq4 ,prudence1 i4 #efj1 #eha1 #gae1 ii4 #eb1 #ei1 #aad1 #abd1 #agf1 #ahe1 #bfe-bfh1 #cca1 #ccb1 #ccd4 #cce1 #cdb1 #dbh1 #dig1 #eci1 #edg1 #edh1 #ffj ,puberty1 girls at1 ii4 #cjg sq4 ,public approval1 the prototype of moral approval1 i4 #i1 #abb1 #abi ---- disapproval1 the prototype of moral disapproval1 i4 #i1 #aai-abb ,pulse1 abstinence from1 ii4 #cbb1 cf4 ii4 #dcj sq4 ,punishment1 inflicted on others than the culprit1 i4 #dc-dh1 #fi sq42 restricted to the culprit1 i4 #gj-gb2 essentially an expression of the moral indignation of the society which inflicts it1 i4 #gi1 #hi-ia1 #afi1 #ahe1 #aih-bja2 theories as to the proper object of1 i4 #gi-ia2 regarded as a means of eliminating the criminal1 i4 #hj-hb2 as a deterrent1 i4 #hj-hd1 #hh-ia2 as a means of reforming the criminal1 i4 #hj-ia2 defined1 i4 #hb1 #afi sq42 the limited efficiency of1 as a deterrent1 i4 #ij n4 #a2 a source of moral disapproval1 i4 #aae2 the relation between indemnification and1 i4 #afh sq42 among savages1 i4 #agj-agg2 transition from revenge to1 i4 #ahj-ahe2 the opinion that determent actually is or has been the chief object of1 i4 #ahe-bjj2 the increasing severity of1 i4 #ahf-aih2 inflicted on criminals in public1 i4 #aia sq42 of unintentional injuries1 i4 #bai1 #bba-bbf1 #bca1 #bcb1 #bce-bdj2 of attempts to commit crimes1 i4 #bda-bdg1 #cgd2 of acts of preparation1 i4 #bdc-bdf2 of bare intentions1 i4 #bde2 inflicted on animals1 i4 #bec-bfj1 #bfd1 #cjh2 on inanimate things1 i4 #bfa-bfd1 #cjh2 of injuries committed by children1 i4 #bfe-bfi2 by old persons1 i4 #bff sq42 by lunatics1 i4 #bga-bgg1 #bih sq42 by idiots1 i4 #bgc2 in drunkenness1 i4 #bgi-bhb2 inflicted upon the offending member1 i4 #caa1 #cab1 #eac1 #eah1 #eai1 #eba sq41 ii4 #i1 #ac1 #gd1 #hd1 #abc n4 #a1 #adc n4 #a2 from a deterministic point of view1 i4 #cbj sq42 influenced by rank1 i4 #dcj-dcc1 #dia1 #eah1 #eai1 #ebd1 ii4 #ai1 #bj1 #eh1 #adb1 #adc1 #ddh-dej2 corporal1 i4 #ebj-ebe2 suicide committed out of fear of1 ii4 #bcc2 redeems the sufferer from #heg punishment in a future existence1 ii4 #cfj2 inflicted on gods1 ii4 #faj4 ,for various kinds of punishment see ,banishment1 ,cannibalism 7as a punishment71 ,emasculation1 ,mutilation1 ,outlawry1 ,property 7forfeiture of71 ,serfdom 7as a punishment71 ,shame 7putting offenders to71 ,slavery 7as a punishment7 ,punishment in a future existence4 ,see ,future life ---- of death1 i4 #dia-dif2 among savages1 i4 #ahh-aij1 #aie-aig2 as a kind of human sacrifice1 i4 #ddj1 #dga sq42 suicide as an alternative to1 ii4 #bdc2 inflicted for a variety of crimes1 i4 #dd-df1 #aga1 #agb1 #agd1 #agg1 #ahf-aig1 #bec1 #bed1 #bhg1 #cjf1 #caa1 #cab1 #cca1 #chc-chf1 #djd1 #djg1 #dji1 #dab1 #daf1 #dai1 #dbj1 #dbc1 #dbd1 #dbi-dcc1 #dci1 #ddj1 #dia1 #dib1 #die1 #dif1 #ejh1 #eji1 #eac1 #eaf1 #eah1 #fhe1 ii4 #d1 #e1 #g-i1 #ab-ae1 #ai1 #if1 #adj-adb1 #bef n4 #b1 #bgf1 #cca1 #cff-cfh1 #cgh1 #djf-djh1 #dbj1 #dbd-dbf1 #dbh1 #dbi1 #dca1 #ddb1 #ddg-dej1 #dec1 #dgd1 #dge n4 #aj1 #dgg-dhb1 #dig1 #eeh1 #fdj1 #fdg1 #fej-feb ,purificatory ceremonies1 i4 #ec-eg1 #fi1 #bcc1 #cge-cgg1 #cgi-cha1 #fbe1 ii4 #bef sq4 n4 #b1 #beg n4 #e1 #bid1 #bie1 #cbh1 #ceb-ced1 #ceh1 #cei1 #dae1 #daf1 #dgb n4 #g1 #dgf1 #ech1 #ede1 #gbf ,,rain1 human sacrifices offered for the purpose of producing1 i4 #ddi-dea2 certain other methods of procuring1 ii4 #cae1 #cfa ,ramad4n1 the fast of1 i4 #bga1 ii4 #cac-cae1 #gbe ,rank1 influencing customs or laws relating to homicide1 i4 #cd1 #ce1 #agh1 #dcj-dcc1 #dia2 to capital punishment1 i4 #dia2 to bodily injuries1 i4 #eah1 #eai1 #ebd2 to corporal punishment1 i4 #ebb-ebd2 to torture1 i4 #ebc sq42 to theft1 ii4 #ai1 #bj1 #eh2 to sincerity1 ii4 #ajc2 to insults1 i4 #adb sq42 to politeness1 i4 #aea sq42 to suicide1 i4 #bdc2 to marriage1 ii4 #cgi1 #chj1 #chd2 to chastity1 ii4 #dbh1 #dcc sq42 to rape1 ii4 #dcg sq42 to adultery1 ii4 #ddh-dej2 to the disposal of the dead1 ii4 #ebg1 #edi2 to cannibalism1 ii4 #egc sq42 supposed to influence the efficacy of curses1 i4 #fbf sq42 to influence men's state in the other world1 ii4 #fih ,rape1 i4 #ahg1 #ahh1 #caa1 #eba1 ii4 #dcg1 #dch1 #dgf1 #fcc1 #fgi2 self-defence in the case of1 i4 #bij ,rashness1 i4 #baa1 #cje-caj ,ravens1 fear of killing1 ii4 #dia ,reason1 the theory according to which moral judgments are ultimately based on1 i4 #g-ag ,reception ceremonies1 i4 #eij-eib ,reflection1 its influence on moral estimates1 i4 #aj1 #aa1 #gj1 #baf1 #bcg1 #bdg1 #bdh1 #bea1 #bhc1 #cjc1 #caj1 #cab-cad1 ii4 #aaa1 #acf1 #bfg1 #bfh1 #bgd1 #bhc1 #dje1 #eab-ead1 #ehj1 #eha1 #gdd-gdf2 on non-moral resentment1 i4 #cae1 #caf1 #cah ,reflex action1 i4 #bb ,regalia1 regarded as wonder-working talismans1 ii4 #fjh n4 #d1 #gec sq4 ,regret1 the similarity between remorse and1 i4 #abc sq4 ,religio1 the meaning of the word1 ii4 #ehd-ehf ,religion1 belief in supernatural being an essential element in1 ch4 xlvii41 7ii4 #ehb-fja72 duties to gods inculcated by1 ch4 xlviii4 sq4 7ii4 #fjb-ffb72 relations between morality and1 chs4 l4-lii4 7ii4 #ffc-gcg71 #gde sq42 custom stronger than1 i4 #afd2 enjoins abstinence from work on certain days1 i4 #ahg1 ii4 #bhd-bhi1 #gah2 the severity of punishment increased by1 i4 #aic-aih2 enjoins fasting1 i4 #bga1 ii4 #bdf1 #bib-bih1 #cjh-cah1 #ceh1 #djf1 #gbe2 a source of war1 i4 #cci1 #cdi-ceb1 #cei2 attitude of1 towards war1 i4 #cci1 #cda1 #cdb1 #cde-cff1 #cfi sq41 ii4 #gaa2 condemns homicide1 i4 #cde1 #cdf1 #cgh-chj1 #chb1 ii4 #ffi1 #fgb1 #fgf1 #fhd1 #fhf1 #gjj1 #gje1 #gad1 #gaf n4 #b1 #gag1 #gcb2 condemns the killing or exposure of infants1 i4 #djg1 #daa sq42 condemns feticide1 i4 #dad-dag1 ii4 #gje2 attitude of1 towards slavery1 i4 #dbd1 #dbf1 #eaf1 #fhc-fhi1 #fic-gjj1 #gaa-gac1 ii4 #gaa2 gives support to capital punishment1 i4 #dif2 influences the right to bodily integrity1 i4 #ebj2 inculcates filial duties1 i4 #ecf1 #ecg1 #fjh1 #faj1 #fab1 #fac1 #faf1 #fag1 #fbj-fbg1 ii4 #gaa1 #gad1 #gae1 #gaf n4 #b1 #gag1 #gcb2 enjoins charity1 i4 #edi-eeh1 #efa-efi1 ii4 #ffi1 #fgb1 #fii1 #gje1 #gaa1 #gag1 #gah1 #gbe1 #gbf1 #gcb2 enjoins hospitality1 i4 #egh-ehj1 ii4 #ffi1 #gaa1 #gad1 #heh #gae1 #gag1 #gah1 #gbf1 #gcb2 influences the treatment of old persons1 i4 #fbj sq41 ii4 #fgb1 #fge2 influences the position of women1 i4 #ffc2 regards women as unclean1 i4 #ffc-fff2 attitude of1 towards serfdom1 i4 #gjc sq42 the right of property sanctioned by1 ii4 #ei-fi1 #ffi1 #fge-fgg1 #fgi1 #fhd1 #fhf1 #fii1 #gjj1 #gje1 #gad1 #gag1 #gcb2 the regard for truth and good faith sanctioned by1 ii4 #if1 #aad-abd1 #abh1 #abi1 #ffi1 #fgb1 #fge-fgg1 #fhd1 #fhf1 #fii1 #gjj1 #gjc-gje1 #gjg4 #gaa1 #gad1 #gag1 #gbf1 #gcb2 leads to pious fraud1 ii4 #ajj1 #ajd1 #aab2 condemns pride1 ii4 #add sq41 its relation to national feeling and patriotism1 ii4 #agd1 #age1 #agh sq42 as a social tie1 ii4 #bji-bac1 #bbe-bbg1 #gbe2 the opinions as regards suicide influenced by1 ii4 #bcd1 #bcf1 #bcg1 #bdb-bed1 #bfj1 #bfa1 #bfc2 the moral ideas relating to self-regarding conduct influenced by1 ii4 #bfg sq42 commends agriculture1 ii4 #bge2 attitude of1 towards labour1 ii4 #bge1 #bhj-bhi1 #fge1 #gje1 #gdg2 commends poverty1 ii4 #bhj-bhb2 requires ceremonial cleanliness1 ii4 #bid1 #bie1 #ceb-ced1 #ceh1 #cei1 #dae-dbj1 #gjj n4 #e1 #gje1 #gah1 #gbf2 enjoins pilgrimage1 ii4 #cad1 #gbe2 imposes various restrictions in diet1 ii4 #cbb-cch1 #fga2 encourages drunkenness1 ii4 #cci2 enjoins sobriety or total abstinence from intoxicating liquors1 ii4 #cda-cde2 a cause of uncleanliness1 ii4 #ced-cef2 leads to various forms of asceticism1 ii4 #cee-cfc2 stigmatises incest1 ii4 #cge1 #cgf1 #fga2 enjoins various forms of endogamy1 ii4 #cgh-chb2 a bar to inter-marriage1 ii4 #chj-chb2 enjoins monogamy1 ii4 #cib2 prohibits divorce1 ii4 #cig2 enjoins marriage1 ii4 #cii-djd2 enjoins celibacy or continence1 ii4 #djf-dba2 regards marriage as impure1 ii4 #daj-dab2 condemns second marriages1 ii4 #dab1 #dea2 enjoins sexual cleanliness1 ii4 #dae-dbj1 #gcf1 #geb2 requires chastity of unmarried women1 i4 #di1 ii4 #dbg sq42 condemns extra-matrimonial intercourse1 ii4 #dca-dcc1 #dci1 #fge2 prostitution connected with1 ii4 #ddc-ddf1 #dhh2 condemns adultery1 ii4 #ddg1 #ddh1 #dej1 #dec-dee1 #fge1 #fgf1 #fhd1 #fhf1 #gjj1 #gag2 homosexual practices connected with1 ii4 #deh1 #dei1 #dgb-dgd1 #dhd1 #dhf-dhi1 #geb2 stigmatised by1 ii4 #dge1 #dgf1 #dgi-dhb1 #dhe-dhi1 #gje2 inculcates regard for the lower animals1 ii4 #dig-ejd1 #gje2 looks down upon the lower animals1 ii4 #eje-ejh2 cannibalism in connection with1 ii4 #efb sq42 definitions of1 ii4 #ehd1 #gec2 born of fear1 ii4 #fab-fad2 hope an element in every1 ii4 #fad-faf2 attitude of1 towards magic1 ii4 #fdi1 #fej1 #feb1 #gec2 the communal character of1 ii4 #ffa4 ,see ,asylums1 ,atheism1 ,baptism1 ,blasphemy1 ,blood 7effusion of1 as a religious rite71 ,eucharist1 ,flagellation1 ,future life1 ,future state1 ,god1 ,goddesses1 ,gods1 ,guardian spirits1 ,hell1 ,heresy1 ,holiness1 ,human sacrifice1 ,intolerance1 ,monotheism1 ,oaths1 ,ordeals1 ,penance1 ,perjury1 ,pilgrimage1 ,polytheism1 ,prayer1 ,priestesses1 ,priests1 ,purificatory ceremonies1 ,sacred places1 ,sacrifice1 ,sacrilege1 ,saints1 ,self-mortification1 ,self-mutilation 7as a religious rite71 ,sin1 ,supreme beings1 ,tolerance1 ,totem1 ,totemism1 ,unbelief ,remorse1 i4 #aje-ajg1 #abc-abe1 #acf2 absence of1 in criminals1 i4 #ij n4 #a2 a cause of suicide1 i4 #ajf1 ii4 #bcc ,repentance1 i4 #aje-ajg1 #abc-abe2 as a ground for forgiveness1 i4 #hd-hh1 #ii1 #caa1 #cah1 ii4 #cfj1 #gce2 adequate1 deemed impossible in the case of blasphemy1 ii4 #fdj ,repetition of an offence1 i4 #ahf1 #ahg1 #ahi1 #beg1 #cjf1 #caa1 #cab1 #cah1 ii4 #g ,reptiles1 aversion to eating1 ii4 #cbd ,requisitions1 military1 ii4 #bg ,resentment1 i4 #ba-ic2 towards animals1 i4 #bf1 #bg1 #bea-bfj1 #bfd1 #cjh1 #caf2 towards inanimate things1 i4 #bf1 #bg1 #bfj-bfd1 #cae2 the phenomena which call forth1 i4 #cae-cah ----1 sympathetic1 i4 #aaa-aaf1 #afi1 #agi1 #ahj1 #ahe1 #cgb1 #cgc1 #dbi1 #dcc1 #ebd1 #ecc1 #eei1 #efj1 #fei1 #gad sq41 ii4 #eb1 #aji1 #aab1 #aac1 #adj1 #aff1 #agf1 #ahe1 #bfb1 #bff1 #dif1 #ebh1 #ehj1 #ffa2 in animals1 i4 #aab1 ii4 #eb ,rest1 ii4 #bhc-bhi1 #gdg ,retaliation1 moral valuation of1 i4 #gc-gi4 ,see ,punishment1 ,revenge ,retributive emotions1 i4 #ba-ii2 the phenomena which call forth1 i4 #hei #cad-cai2 not determined by the cognition of free-will1 i4 #cbb1 #cbf ,retributive kindly emotion1 i4 #ba1 #ic-ii2 in animals1 i4 #id2 the phenomena which call forth1 i4 #cah sq42 sympathetic1 i4 #aag1 #abi ,revenge1 taken upon animals1 i4 #bf1 #bg1 #bea-bec1 #bee1 #bef1 #beh2 upon inanimate things1 i4 #bf1 #bg1 #bfj-bfc2 regarded as a duty1 i4 #gc sq42 condemned1 i4 #gc-gi2 demanded by public opinion1 i4 #agf sq42 regulated by the rule of equivalence1 i4 #agg-ahj2 succeeded by punishment1 i4 #ahj-ahe2 believed to be taken by animals upon men1 i4 #beb1 #beh1 ii4 #dia1 #dig4 #ejj1 #ejb1 #ejd1 #fjc2 taken upon offenders caught flagrante delicto1 i4 #bij-bid1 ii4 #h1 #ac1 #ag1 #dbi1 #ddg2 not to be taken upon a guest1 i4 #egf1 #ehg sq42 taken for injuries inflicted upon guests1 i4 #egg sq42 suicide as a method of taking1 ii4 #bcc1 #bcd1 #bdb-bde2 supposed to be taken by the dead upon the living1 ii4 #ecj1 #eca1 #edh1 #egf2 taken by the living upon the dead1 ii4 #fib sq42 supposed to be taken by ghosts upon other ghosts1 ii4 #fic sq4 ,see ,blood-revenge ----1 the feeling of1 its nature and origin1 i4 #ba-db2 in animals1 i4 #cg sq42 appeased by repentance1 i4 #hg1 #hh1 #cah2 attributed to gods1 i4 #aid1 #aih1 #dch-ddj1 #dga sq41 ii4 #ffj1 #ffa1 #ffg1 #ffh1 #gjb1 #gad2 to the souls of murdered persons1 i4 #bcb1 #cgb1 #cge1 #cgf1 #cgh #cgi1 #djf1 #dgf1 #dha sq41 ii4 #eei sq42 to the dead1 ii4 #ecj1 #eca1 #ecd2 a motive for committing suicide1 ii4 #bcc1 #bcd1 #bdb-bde2 a motive for cannibalism1 ii4 #eeg-eei ,rewards1 vicarious1 i4 #if-ii2 a source of moral approval1 i4 #aag2 public1 i4 #aff sq42 in a future existence1 see ,future life ,rice1 abstinence from1 after a death1 ii4 #cja ,right1 analysis of the concept1 i4 #acg-aci2 the relation between good and1 i4 #adf sq4 ,rights1 analysis of the concept1 i4 #aci-ada ,rivers1 human sacrifices offered to1 i4 #deb-ded ,robbery1 i4 #ahg-ahi1 ii4 #a-bg1 #eg-fi2 distinguished from theft1 ii4 #af1 #ag1 #eh2 of tombs1 ii4 #eah1 #eai1 #edj sq42 of temples1 ii4 #fbg2 refuge denied to persons guilty of1 ii4 #fcc4 ,see ,stealing ,,sabbath1 the ,jewish1 i4 #ahg1 ii4 #bhf-bhi1 #gah1 #gdg2 originally a fast-day1 ii4 #caj sq4 ,sacramental grace1 considered necessary for salvation1 ii4 #gai sq4 ,sacred places1 polluted persons prohibited from entering1 i4 #eh1 ii4 #bid1 #dae sq42 shedding of human blood prohibited in1 i4 #chj1 ii4 #fce2 women excluded from1 i4 #ffd sq42 sexual intercourse prohibited in1 ii4 #daf1 #geb2 fear of disturbing the peace in1 ii4 #fce sq4 ,see ,asylums ,sacrifice1 ii4 #faa-fbf2 transference of evil combined with a1 i4 #fb-fe2 vicarious expiatory1 i4 #fe-gj1 #dch-ddj2 purification preparatory to1 i4 #chj1 ii4 #bid1 #ceb1 #cec1 #ceh1 #cei1 #dae2 connection between alms giving and1 i4 #efe-efi1 ii4 #eej-eeb2 as a means of transferring curses1 i4 #ehf sq41 ii4 #fah-fbd1 #feh2 as a reception ceremony1 i4 #eia1 ii4 #fba2 women prohibited from offering a1 i4 #ffd sq42 fasting in connection with1 ii4 #bid-bih2 fasting the survival of an expiatory1 ii4 #caf-cah2 asceticism in some other instances the survival of an earlier1 ii4 #cei2 oaths taken in connection with a1 ii4 #fba sq42 connected with prayer1 ii4 #fee sq42 importance of1 ii4 #gje1 #gjg-gab1 #gad1 #gaf1 #gah4 ,see ,human sacrifice1 ,offerings to the dead ,sacrificial victims1 magic virtue ascribed to1 i4 #fc1 #fe1 #fi1 #ddd-ddg1 ii4 #efc1 #fbe1 #feh2 looked upon as guardian spirits1 i4 #dfd sq42 as messengers1 i4 #dfe sq41 ii4 #fah2 privilege granted to1 i4 #ehe n4 #a2 must be free from pollution1 ii4 #bie1 #bif1 #dai ,sacrilege1 punished with death1 i4 #ahh1 #aig1 #dci1 #dib2 refuge denied to persons guilty of1 ii4 #fcc2 if committed by foreigners1 ii4 #fdh ,sago1 abstinence from1 after a death1 ii4 #cja ,saints1 oaths taken at the shrines of1 i4 #ei sq41 ii4 #abj2 diseases cured by contact with1 i4 #fc2 lunatics regarded as1 i4 #bgj sq42 curses pronounced by1 i4 #efc1 #fbb2 l-7r 7implying #hfj the transference of a conditional curse7 made upon1 i4 #eff1 ii4 #ehd1 #ehe1 #fah1 #fai1 #fcf1 #fch2 robbed of their holiness1 i4 #ehf1 ii4 #fjh2 compacts made at the shrines of1 i4 #ehg1 ii4 #fbc sq42 old men regarded as1 i4 #fai2 looked upon as guardians of property1 ii4 #fg sq42 the saliva of1 ii4 #cbb2 ceremonial cleanliness required of those who approach the shrines of1 ii4 #daf1 #dah1 #geb2 sexual intercourse with1 ii4 #ddd1 #dhh2 places of striking appearance associated with1 ii4 #ehi1 #fbg2 miracles performed by1 ii4 #eij-eib2 gifts offered to1 ii4 #fai2 offerings to1 participate in their sanctity1 i4 #dde sq41 ii4 #fbe2 sacredness of the shrines of1 ii4 #fbg1 #fbh1 #fce2 lunacy attributed to the resentment of1 ii4 #fbh2 their shrines asylums1 ii4 #fbh1 #fce1 #fcf1 #fch2 persons attached to the shrines of1 ii4 #fce2 unconcerned about the worldly morality of their devotees1 ii4 #ffi2 invoked by thieves1 ii4 #ffi ,salmon1 abstinence from eating1 after a death1 ii4 #cjf sq4 ,salutations1 i4 #eij-eib1 ii4 #adf1 #adg1 #adi-aea ,sanctuary1 the right of4 ,see ,asylums ,scalping1 i4 #ccc1 #cge1 ii4 #ebe ,scape-goats1 i4 #ec-ee1 #fa-fe ,scientific research1 ii4 #acc-acf ,scourging1 as a religious rite1 ii4 #bid1 #ceg-cei ,sea1 human sacrifices offered to the1 i4 #deb-ded ,self-approval1 i4 #aje-ajg1 #abc -----defence1 i4 #bhh-bij2 lying in1 ii4 #ib1 #id1 #ig-aja1 #ajc-ajf1 #aab -----mortification1 ii4 #bha1 #cae-cah1 #cee-cfc1 #dba -----mutilation1 after a death1 i4 #bf1 #bg1 #dgf1 ii4 #ebd1 #ebh1 #edd1 #ede1 #edg2 as a religious rite1 i4 #dgj sq41 ii4 #ceg ,self-regarding duties and virtues1 ii4 #bfe-bfh -----regarding pride1 respect for other men's1 ch4 xxxii4 7ii4 #acg-aeb72 in men1 i4 #bc1 #bd1 #cj1 #ch-dj1 #id1 #agi1 #cae1 ii4 #aaj1 #acg-adj2 a cause of suicide1 ii4 #gc1 #aci1 #adj1 #bca-bcc1 #bdc2 in animals1 i4 #ci1 ii4 #acg sq42 attributed to the dead1 ii4 #eai2 to gods1 ii4 #fci-fee -----reproach1 i4 #aje-ajg1 #abc-abe -----respect1 ii4 #bfe ,self-sacrifice1 i4 #bac1 #bad1 #efe1 ii4 #aed1 #bfe1 #cei ,seniority1 respect for1 i4 #fje1 #fjf1 #fad1 #fae1 #fai1 #fbf1 ii4 #gjc ,sensuous pleasures1 condemnation of1 ii4 #bia1 #bib1 #cfa-cfc ,sentiment1 i4 #aaj n4 #c ,separation1 judicial1 ii4 #cig1 #dee ,serfdom1 i4 #gja-gjd2 as a punishment1 ii4 #ai2 strangers reduced to1 ii4 #bd2 shipwrecked persons reduced to1 ii4 #be ,serfs1 bodily injuries inflicted upon1 i4 #ebd n4 #c2 proprietary rights or in capacities of1 i4 #gja sq41 ii4 #cb2 intermarriage between freewomen and1 ii4 #cgi ,serpents1 worship of1 ii4 #eij4 ,see ,snakes ,seven1 the number1 ii4 #caa sq4 ,seventh day1 the1 ii4 #bhf-bhi4 ,see ,sabbath ,sexual impulse1 the1 in males1 i4 #feg1 ii4 #dce sq42 in females1 i4 #feg sq41 ii4 #dce2 connection between religious feelings and1 ii4 #cge n4 #c2 regarded as sinful in the unmarried1 ii4 #dcb2 associated with affection1 ii4 #dci sq41 see ,conjugal affection ---- intercourse1 between man and beast1 i4 #bec sq41 ii4 #dji1 #gdi2 manslayers temporarily prohibited from1 i4 #cge1 #cgg2 abstinence from1 with women who are pregnant or who suckle a child1 i4 #cii1 ii4 #chh1 #cia2 with strangers1 i4 #ege1 #eic1 ii4 #ddd-ddf2 with holy persons1 i4 #eic n4 #a1 ii4 #ddd1 #dhh2 abstained from after a death1 ii4 #cjf2 abstained from during the month of ,ramad4n1 ii4 #cac2 abstinence from1 a means of propitiating or pleasing the deity1 ii4 #ceh1 #dbj sq42 as a magical or religious rite1 ii4 #cie1 #ddc-ddf1 #dhh2 between a man and a married woman1 ii4 #cig1 #ddg-dee2 between a married man and a woman1 ii4 #cig1 #dea-dee2 forbidden to priests and priestesses1 ii4 #dje-dji1 #dab-dad1 #dah-dba2 to monks and nuns1 ii4 #dji1 #dab2 considered impure1 ii4 #daj1 #daa1 #dad-dbj1 #geb2 regarded as a consequence of ,adam's sin1 ii4 #daa2 supposed to have been originally free from all carnal desire1 ii4 #daa n4 #d2 supposed to take place between gods and women1 ii4 #dab sq42 the future state of persons #hfa who have refrained from1 ii4 #dad sq42 danger attributed to1 ii4 #dae1 #ddf2 prohibited in sacred places1 ii4 #daf1 #geb2 abstained from in connection with religious observances1 ii4 #daf-dbj1 #gcf1 #geb2 admission into priesthood preceded by abstinence from1 ii4 #dai2 regarded as a transmitter of hereditary sin1 ii4 #dba2 between unmarried persons1 ii4 #dbb-ddf1 #fge1 #gdg2 between persons of the same sex1 ch4 xliii4 7ii4 #def-dhi71 #geb sq42 between animals of the same sex1 ii4 #def1 #dff1 #dge n4 #b2 temporarily forbidden to men who have eaten human flesh1 ii4 #ege4 ,see ,adultery1 ,incest1 ,jus prim noctis1 ,sodomy ,sexual inversion1 congenital1 ii4 #dfe-dfg2 acquired1 ii4 #dfg-dgj ,shame1 putting offenders to1 i4 #agj2 a cause of suicide1 ii4 #bcc ,shaving1 as a means of purification1 ii4 #bid sq4 ,sheep1 stealing of1 i4 #ahg sq41 ii4 #ad2 abstinence from killing1 for food1 ii4 #ccj4 ,see ,mutton ,shipwrecked persons1 sacrifice of1 i4 #dfg2 treatment of1 ii4 #be1 #cg sq4 ,sick persons1 killing or abandoning of1 i4 #cia-cic1 ii4 #edb2 kind treatment of1 i4 #edf-edh2 suicide committed by1 ii4 #bcb2 unkindness to1 punished by the supreme being1 ii4 #fgb4 ,see ,disease ,sin1 collective responsibility in the case of1 i4 #dh-eg1 #fa-gb2 prayers for remission of1 i4 #di1 #ed1 #ee1 #bbh sq41 ii4 #fed1 #fee1 #gjb1 #gjg2 materialistic conception and transference of1 i4 #eb-eg1 #fa-fe1 #gj1 #ga1 #he1 #hf1 #djg1 ii4 #bef n4 #b1 #fed sq42 committed accidentally or unknowingly1 i4 #bbg-bca1 #bcc-bce2 the sense of1 ii4 #cfa2 sexual intercourse regarded as a transmitter of hereditary1 ii4 #dba ,sister1 the elder1 respect for1 i4 #fje1 #fjf1 #fad2 swearing by1 i4 #fjf2 curses of1 i4 #fbf1 ii4 #gjc ,slander1 ii4 #if1 #ih1 #adj-adb1 #gjj ,slavery1 ch4 xxvii4 7i4 #fgj-gaf72 as a punishment for crime1 i4 #de1 #df1 #did1 #eah1 #fge1 #fgf1 #fha1 #fhb1 #fhe1 #fhh-fia1 ii4 #g1 #h1 #ab1 #ac1 #gd2 a cause of suicide1 ii4 #bcc1 #bce1 #bda2 produces contempt for manual labour1 ii4 #bgb1 #bgc1 #bgh ,slaves1 sacrificed to gods1 i4 #ff1 #deb1 #dee1 #def1 #dfg sq42 to dead persons1 i4 #dgb1 #dgd1 #dhf1 ii4 #bcd2 killing of1 i4 #cgh1 #dba-dbi1 #fif1 #gjg2 of free men by1 i4 #dbi1 #dcj1 #dia n4 #e2 refuge denied to1 i4 #dbg2 granted to1 i4 #fij1 #fib1 #fif1 ii4 #fcg2 not allowed as witnesses1 i4 #dbi1 #fig2 bodily injuries inflicted upon1 i4 #eae-eah1 #ebd1 #fgg1 #gjg2 upon freemen by1 i4 #eaf-eah2 corporal punishment inflicted upon1 i4 #ebb-ebd2 children sold as1 by their parents1 i4 #eii1 #fjg1 #fji1 #faa1 #fab1 #fae1 #fge1 #fha1 #fhb1 #fhd1 #fhe1 #fhi1 #fia sq42 curses of1 i4 #gaf2 proprietary rights and incapacities of1 i4 #fgg1 #fhd1 #fhh1 #fij1 #fig1 ii4 #bh1 #ca-cc1 #eg2 rules of inheritance relating to1 i4 #fgi1 ii4 #df sq42 addicted to falsehood1 ii4 #aac1 #abi sq42 insults offered by1 ii4 #adb sq42 offered to1 ii4 #adc2 marriages between free men and1 ii4 #cgi2 treatment of the dead bodies of1 ii4 #ebg1 #edi2 eaten1 ii4 #eei #efg2 cursed by their masters1 ii4 #gjc ,snakes1 abstinence from eating1 ii4 #cbd4 ,see ,serpents ,social affection1 i4 #id1 #ie1 #aab-aad1 #eei1 ii4 #aig1 #aih1 #bbf-bbh ---- aggregates1 the evolution of1 ii4 #aih-bbf ,socialism1 ii4 #fi-ga ,society1 the birthplace of the moral consciousness1 i4 #aag-abc ,sodomy1 i4 #ahh1 ii4 #dfj1 #dfe n4 #b1 #dgd-dgf1 #dgi-dhc1 #dhf-dhi4 ,see ,homosexual love ,solstices1 fasting at1 ii4 #cji sq4 ,see ,midsummer customs ,soma1 ii4 #eia1 #eib1 #gjg sq4 ,son1 sacrificed to save the life of his father1 i4 #dee sq42 the parents' or father's consent required for the marriage of the1 i4 #fjg-fji1 #fac1 #fae-fah1 #fbd sq42 mother committing suicide on the death of her only1 ii4 #bdd n4 #c2 allowed to eat only certain foods after the death of his father1 ii4 #cja sq4 ,see ,children1 ,firstborn1 ,primogeniture1 ,ultimogeniture ,sorrow expressions of1 ii4 #bhc1 #cjh1 #caf1 #ebh ,soul1 the immateriality of the1 ii4 #eie sq4 ,see ,annihilation1 ,dead1 ,future ,life1 ,future state1 ,transmigration #hfb ,spiders1 prohibition of killing white1 ii4 #dij ,spirits1 evil4 ,see ,evil spirits ,spiritual relationship1 a bar to inter-marriage1 ii4 #cfi1 #cgg ,spitting1 superstitions relating to1 i4 #ehh1 #eid1 ii4 #fe1 #aea1 #bji1 #cbb1 #edf n4 #b1 #fcf sq4 ,state1 the1 as a social unit1 ii4 #bba-bbf2 its influence on the smaller units of which it was composed1 i4 #fbg sq41 ii4 #bbb sq42 suicide regarded as a wrong against1 ii4 #bdh1 #bec1 #bei1 #bfc2 celibacy regarded as a wrong against1 ii4 #djd ,stealing1 ii4 #a-bg1 #eg-fi2 of horses99991 cattle1 or sheep1 i4 #ahg sq41 ii4 #ad2 from houses1 i4 #ahg sq41 ii4 #ae1 #af1 #eh1 see ,burglary2 of letters1 i4 #ahh2 of food1 i4 #bhf1 #bhg1 #fgf1 ii4 #ad1 #ae1 #eg sq42 at night1 i4 #bhi1 ii4 #af1 #eh2 self-defence in the case of1 i4 #bhi sq42 persons who are caught1 i4 #bic4 #bid4 #caa1 ii4 #h1 #ac1 #ag-ai1 #eh2 punishment inflicted on the offending member in the case of1 i4 #caa1 #cab1 #eba n4 #a1 ii4 #i1 #ac2 from relatives1 ii4 #ec sq4 n4 #d2 punished by supernatural beings1 ii4 #ei-fi1 #ffi1 #fge-fgg1 #fgi1 #fhd1 #fhf1 #fii1 #gjj1 #gje1 #gad1 #gag1 #gcb2 curses pronounced to punish or prevent1 ii4 #fb-fi1 #gjc2 adultery regarded as a form of1 ii4 #ddi sq42 from tombs1 ii4 #eah1 #eai1 #edj sq42 of property belonging to gods1 ii4 #fbf sq4 ,stimulants1 religious veneration of1 ii4 #eia ,storks1 abstinence from killing1 ii4 #dij ,strangers1 protected by the chief or king1 i4 #ahj1 #aha1 #cch2 killing of1 i4 #cca-ccd1 #ccg-cd1 #cgj1 #cga1 #cgc2 sacrificed1 i4 #dfg sq42 infliction of bodily injuries upon1 i4 #eai2 kindness to1 i4 #eef-eeh1 see ,hospitality2 blessings of1 i4 #eha-ehd1 ii4 #ddf2 regarded as semi-supernatural beings1 i4 #ehc sq42 supposed to be versed in magic1 i4 #ehd2 the evil eye of1 i4 #ehd1 #eia-eic2 curses of1 i4 #ehd-eid1 ii4 #gae1 #gcb2 reception of1 i4 #eij-eib1 ii4 #fba2 gifts of1 i4 #eic sq42 sexual intercourse with1 i4 #eic1 ii4 #ddd-ddf2 enslaving of1 i4 #fgd1 #fge1 #fhi1 #fij1 #fia1 #gad sq42 respect for the proprietary rights of1 ii4 #b1 #aa1 #ei2 robbery committed upon1 ii4 #bj-be1 #eh sq42 reduced to serfdom1 ii4 #bd2 rules of inheritance relating to1 ii4 #di2 deceiving of1 ii4 #hg1 #hh1 #ij1 #id1 #ig1 #aab1 #abf-abi2 politeness to1 ii4 #aeb2 duties to1 ii4 #aff2 despised1 ii4 #aga-agd1 #ecb2 disregard of their interests1 ii4 #agf2 antipathy to1 ii4 #bbg2 marriages with1 ii4 #cgh1 #cha sq42 treatment of departed1 ii4 #ebe1 #edh sq42 eaten1 ii4 #eed2 sacrilege committed by1 ii4 #fdh4 ,see ,hospitality ,stratagems1 ii4 #ajf1 #ajg1 #aab ,suicide1 ch4 xxxv4 79999ii4 #bbi-bfd72 punished with forfeiture of property1 i4 #dg1 ii4 #bed2 prompted by remorse1 i4 #ajf1 ii4 #bcc2 of daughters1 i4 #dgc2 of widows1 i4 #dgc sq41 ii4 #bcb1 #bcd1 #bce1 #bda1 #bdb1 #bdd1 #bdg2 caused by wounded pride1 ii4 #gc1 #aci1 #adj1 #bca-bcc1 #bdc2 the future state of persons who have committed1 ii4 #bce-bci1 #bdb-bdd1 #bdf1 #bec1 #bfb1 #fid1 #gaj ,sun1 fasting in connection with the1 ii4 #cji1 #caj1 #cab sq4 ---- gods1 appealed to in oaths1 ii4 #aba sq42 regarded as judges1 ii4 #fih1 #fii1 #gjc ,sunday1 as a day of rest1 ii4 #bhh sq42 a cause of drunkenness1 ii4 #cdc sq4 ,supernatural1 the1 ii4 #ehb-ehd ---- beings1 the belief in1 ch4 xlvii4 7ii4 #ehb-fja72 disease supposed to be caused by1 i4 #cib sq41 ii4 #eic2 curses personified and elevated to the rank of1 i4 #fj1 #cgi1 #dhb1 #efa1 #ehe1 #fbc1 #fbd1 #fbf1 ii4 #fh1 #aaf1 #gae1 #gcb2 fear of mentioning the names of1 ii4 #fdj-fdb2 distinction between offences committed against gods and offences against other1 ii4 #ffa sq4 ,see ,animals 7killing of sacred71 ,erinyes1 ,evil spirits1 ,goddesses1 ,gods1 ,guardian spirits1 ,jinn1 ,saints1 ,supreme beings1 ,totem ,superobligatory1 the1 i4 #aea-aed ,suppliants4 ,see ,asylums1 ,l-7r ,supreme beings in savage beliefs1 ii4 #fgj-fhg ,swallows1 prohibition of killing1 ii4 #dij ,sympathetic feelings springing from association1 i4 #aji sq4 ---- magic4 ,see ,magic1 sympathetic #hfc ,sympathetic resentment4 ,see ,resentment1 sympathetic ---- retributive kindly emotion4 ,see ,retributive kindly emotion1 sympathetic ,sympathy1 i4 #aji-aaa2 for animals1 ii4 #did-ejf1 #eaj-ead4 ,see ,affection1 ,altruistic sentiment ,,taboo1 i4 #aig1 #bcc1 ii4 #fc-ff1 #ehc1 #ehd1 #fge ,talion4 ,see ,equivalence1 the rule of ,testation1 ii4 #dc1 #ec4 ,see ,wills ,thank offerings1 i4 #dda1 ii4 #fae sq4 ,theft4 ,see ,stealing ,thrift1 ii4 #bfe ,throne1 the ,royal1 regarded as holy1 ii4 #fjh1 #ged ,thunder1 religious veneration of1 ii4 #ehg1 #eib ,tigers1 abstinence from the flesh of1 ii4 #cba2 their fear of strange phenomena1 ii4 #ehc ,toads1 fear of killing1 ii4 #dia ,tobacco1 religious veneration of1 ii4 #eia ,tolerance1 religious1 ii4 #fdg-fec ,tombs1 theft or violation committed at1 ii4 #eah1 #eai1 #ebe1 #edj sq42 places of refuge1 ii4 #fcj ,tomb-stones1 ii4 #edd1 #edf ,tortoises1 prohibition of eating1 ii4 #cba ,torture1 infliction of death by1 i4 #ahf-ahh1 #aij2 judicial1 i4 #ebc sq4 ,totem1 eating of the1 i4 #bbg1 ii4 #baj1 #baa1 #cbc1 #cbd1 #fjf2 killing of the1 ii4 #baj1 #fjc1 #fjd1 #fjf2 regardful treatment of the1 ii4 #dij ,totemism1 as a social tie1 ii4 #baj-bac2 represented as the source of the prohibition of incest1 ii4 #cgf1 #cgf sq4 n4 #g1 #cgg n4 #a1 #gdg2 believed to be instituted by the ,all-father1 ii4 #fga ,tournaments1 i4 #ced sq4 ,trade1 moral valuation of1 ii4 #bgd1 #bgf1 #bgh-bhj1 #bhb ,transference1 of blessings1 see ,blessings2 of curses1 see ,curses2 of disease1 see ,disease2 of evil1 see ,evil2 of holiness1 see ,holiness2 of the holiness temporarily seated in the ruling sovereign1 ii4 #fjg-faj1 #gec sq42 of magic virtue ascribed to sacrificial victims1 i4 #fi1 #ddd-ddg1 ii4 #efc1 #fbd sq42 of magic virtue1 by sexual intercourse1 i4 #eic1 ii4 #ddd-ddf1 #dhh2 by eating or by contact1 ii4 #efb-efd1 #fje1 #fjf1 #fbe2 of merits1 see ,merits2 of qualities inherent in animals1 men1 or man-gods1 by eating their flesh or drinking their blood1 ii4 #cbj1 #ccc1 #ccd1 #efj-efd2 of sin1 see ,sin2 of the souls of divine kings1 ii4 #fjf1 #fjg1 #gec sq42 of virtue1 see ,virtue ,transmigration of human souls1 into animals1 ii4 #cbd1 #cbh1 #cch1 #dij1 #dif1 #ejj1 #ejd1 #eaf1 #eag1 #fic1 #gji sq42 into trees1 ii4 #eaf ,treason1 punishment of1 i4 #de-dh1 #ahg-ahi1 #dib1 ii4 #eeh2 judicial torture in cases of1 i4 #ebc ,trees1 revenge taken upon1 i4 #bf1 #bg1 #bfj-bfc2 transmigration of human souls into1 ii4 #eaf ,tribe1 the1 ii4 #bjb1 #bag-bai1 #bbb sq4 ,tribes1 associations of1 ii4 #bbj sq4 ,tribunals among savages1 i4 #agc-age ,truce of ,god1 the1 i4 #cef sq4 ,truth and good faith1 regard for1 ch4 xxx4 sq4 7ii4 #gb-acf72 gods as guardians of1 ii4 #if1 #aad-abc1 #abh1 #abi1 #ffi1 #fgb1 #fge-fgg1 #fhd1 #fhf1 #fii1 #gjj1 #gjc-gje1 #gjg1 #gaa1 #gad1 #gag1 #gbf1 #gcb ,turtle1 abstinence from eating1 ii4 #cai1 #ccc ,twilight1 prohibition of eating1 travelling1 and sleeping during1 ii4 #cji ,twins1 i4 #cie1 #cif1 #djh1 #dfj ,,ultimogeniture1 ii4 #df1 #dh1 #ef ,unbelief1 ii4 #fdd-fdf1 #gje2 as a subject of moral judgment1 i4 #baf2 considered a legitimate cause of war1 i4 #cci1 #cdi-ceb1 #cei2 the right to bodily integrity influenced by1 i4 #ebj2 a cause of uncharitableness1 i4 #eeg1 #fif2 a ground for enslaving captives1 i4 #fhf1 #fie2 the valuation of theft or robbery influenced by1 ii4 #bj1 #be2 does not justify breach of faith1 ii4 #ic2 a legitimate ground for deceiving an enemy1 ii4 #id2 a bar to intermarriage1 ii4 #chj sq42 homosexual practices associated with1 ii4 #dhf-dhi2 the right to life influenced by1 ii4 #gje2 the future state influenced by1 ii4 #gai-gba1 #gbe-gbg ,unchastity1 ch4 xlii4 sq4 7ii4 #dbb-dhi72 of unmarried persons1 supposed to incur divine punishment1 i4 #di1 ii4 #fge2 forbidden to priests and priestesses1 ii4 #djf-dji1 #dab-dad1 #dai sq42 to monks and nuns1 ii4 #hfd #dji1 #dab2 to persons who wish to become priests or priestesses1 ii4 #dai2 supposed to injure the harvest1 ii4 #dag1 #gdg2 celibacy a cause of1 ii4 #dcb ,uncle1 children in the power of their maternal1 i4 #eig sq4 ,uncleanliness1 ii4 #cdh-cef ,uncleanness4 ,see ,pollution ,unearned income1 ii4 #gj sq4 ,unintentional injuries1 i4 #bag-bdj1 #cae1 #caf1 #cai1 ii4 #gad2 benefits1 i4 #cah sq4 ,unnatural love4 ,see ,homosexual love ,usucapio1 ii4 #dj ,,vampires1 i4 #dgf1 ii4 #efd1 #gji ,veal1 considered unwholesome1 ii4 #ccb ,vegetarianism1 ii4 #cce-cch1 #dii ,venison1 abstinence from1 ii4 #cbj ,veracity4 ,see ,truth1 regard for ,vermin1 revenge taken upon1 i4 #bf1 #bg1 #bea2 regard for1 ii4 #dib1 #dic1 #dih sq4 ,vestal virgins1 i4 #dci1 #dec1 ii4 #djg1 #djh1 #fcg sq4 ,vice1 analysis of the concept1 i4 #acd ,village communities1 ii4 #bjj-bjb1 #bac1 #bad1 #baf1 #bai ,violent death1 the future state of persons who have died a1 i4 #dha sq41 ii4 #bcg-bci1 #bdb ,virginity1 required of priestesses1 ii4 #djf-djh2 religious veneration of1 #dji-daa1 #dbi2 not required of a bride1 ii4 #dbb-dbd1 #ddj1 #dda1 #ddd-ddf2 required of unmarried women1 ii4 #dbd-ddb2 the preference given by men to1 ii4 #dcd-dcg1 #ddj ,virtue1 analysis of the concept1 i4 #adg-aej ,virtue1 transference of1 i4 #ih ,vivisection1 ii4 #eaj1 #eab1 #ead ,volitions1 as subjects of moral judgments1 i4 #bjb-baj2 as a source of non-moral retributive emotions1 i4 #cad-cai ---- absence of1 a subject of moral judgment1 i4 #baj-bad2 a cause of non-moral retributive emotions1 i4 #cag-cai ,,wager of battle1 i4 #cjf1 #ejd-ejg ,war1 i4 #cca-chb2 provoked by a homicide1 i4 #cc2 humanity towards enemies in1 i4 #cce1 #ccf1 #cdb-cdd1 #cfi1 #cgj1 #eeh1 ii4 #gaa2 private1 i4 #cee-ceh2 human sacrifices offered in1 i4 #ddj1 #dda1 #ddg n4 #e1 #ddi2 ending in a duel1 i4 #dig sq42 destruction of property in1 ii4 #be sq42 seizure of property in1 ii4 #bf1 #bg1 #ch1 #eh sq42 deceit in1 ii4 #id1 #ajf-ajh1 #aab2 the future state of persons who have fallen in1 ii4 #bcg1 #eba1 #fid1 #fig1 #gjd1 #gjh2 burial of persons who have fallen in1 ii4 #bci2 considered a nobler occupation than labour1 ii4 #bgb-bgd1 #bgh1 #bhb2 fasting after a reverse in1 ii4 #cae2 a cause of polygyny1 ii4 #chi1 #cia2 prevalence of homosexual love among peoples addicted to1 ii4 #dfg1 #dgi1 #geb ,war1 prisoners of1 treatment of1 i4 #ccf1 #cdc1 #dbb2 sacrificed to gods1 i4 #cci1 #dda1 #dej1 #deb1 #dfg2 to the dead1 i4 #dgb1 #dgd2 bodily injuries inflicted upon1 i4 #eai sq42 enslaved1 i4 #fgd1 #fge1 #fgg1 #fha-fhf1 #fhh-fia1 #fie1 #gja1 #gae2 ransom accepted for1 i4 #gja2 eaten1 ii4 #eed1 #efa1 #egh ,water1 human sacrifices offered for the purpose of getting drinking1 i4 #dea sq4 ,white men1 atrocities committed by1 among coloured peoples1 i4 #cgj sq42 coloured persons not accepted as witnesses against1 i4 #dbi2 their demoralising influence upon savages1 i4 #edh1 #edi1 #ega sq41 ii4 #b1 #abf-abi1 #dbd1 #gce2 injuries inflicted by coloured persons upon1 i4 #gac sq42 prohibited from marrying coloured persons1 i4 #gad2 looked down upon by savages1 ii4 #aga sq42 taken for spirits1 ii4 #eij ,widowers1 suicide committed by1 ii4 #bcb1 #bcc1 #bce sq42 fasting of1 ii4 #bii-cja2 second marriages of1 prohibited or condemned1 ii4 #dab1 #dea ,widows1 sacrifice of1 i4 #dgb-dgd1 ii4 #dej sq42 suicide committed by1 i4 #dgc sq41 ii4 #bcb1 #bcd1 #bce1 #bda1 #bdb1 #bdd1 #bdg2 prohibited from remarrying1 i4 #dge1 ii4 #dej sq42 rules of inheritance relating to1 ii4 #de1 #dg #ee sq42 fasting of1 ii4 #bih-cja2 priests forbidden to marry1 ii4 #dab1 #dbj ,will1 the1 as the subject of moral judgment1 ch4 ix4 7i4 #bag-bdh71 i4 #bad-baf1 #caj-cad2 as a cause of non-moral retributive emotions1 i4 #cae1 #cai4 ,see ,free-will #hfe ,wills1 ii4 #dc1 #ec2 the sacredness attached to1 ii4 #eai1 #eda1 #eeb ,wine1 superstitious notions concerning1 i4 #bgh1 #bha1 ii4 #cdd1 #cde1 #eia sq42 prohibition of1 ii4 #cda-cde2 after a death1 ii4 #cjb1 #cje2 in honour of the sun1 ii4 #cab ,wishes1 deliberate1 as subjects of moral judgments1 i4 #bjf sq4 ,witchcraft1 ii4 #fdi-feb2 punishment of1 i4 #de1 #ahi1 #aij1 #dib1 ii4 #fej-feb4 ,see ,magic ,witches1 lunatics burned as1 i4 #bgc2 old women regarded as1 i4 #fbj2 addicted to homosexual practices1 ii4 #dhd n4 #a2 the custom of swimming1 ii4 #fij4 ,see ,witchcraft ,wives1 the subjection of1 ch4 xxvi4 7i4 #fbi-ffi72 punished if convicted of a design to kill their husbands1 i4 #bde2 crimes committed by1 in the presence of their husbands1 i4 #bhd2 husbands killing their1 i4 #dah1 #dai1 #fca2 killing their husbands1 i4 #dai sq42 acquired by duels1 i4 #dii1 #ejj1 #ejc2 husbands inflicting bodily injuries upon their1 i4 #ead-eaf1 #fca2 the duty of husbands to protect and support their1 i4 #ebf-ebi1 #ecb sq42 lending of1 to guests or others1 i4 #ege1 #eic1 ii4 #geb2 cursed by their husbands1 i4 #fbf2 sold as slaves by their husbands1 i4 #fge1 #fhd2 proprietary rights and incapacities of1 i4 #fcb1 #fcg-fda1 #fdc1 #fde1 #ffa1 ii4 #bh-ca1 #da1 #eg2 belief in a mysterious bond of sympathy between husbands and1 ii4 #bje2 suicide committed by husbands on the death of their1 ii4 #bcb1 #bcc1 #bce sq42 fasting of husbands on the death of their1 ii4 #bii-cja2 adultery committed by1 ii4 #cig1 #ddg-dee2 of gods1 ii4 #dab-dad2 priests forbidden to marry divorced1 ii4 #dbj2 exchange of1 ii4 #geb2 eaten by their husbands1 ii4 #eee4 ,see ,conjugal affection1 ,marriage1 ,widows ,wizards4 ,see ,magicians ,wolf's flesh1 abstinence from1 ii4 #cbj1 #cbb1 #cbg ,women1 the position of1 ch4 xxvi4 7i4 #fbi-ffi72 rape committed upon1 i4 #ahg1 #ahh1 #bij1 #caa1 #eba1 ii4 #dcg1 #dch1 #fcc1 #fgi2 punished by being burned alive1 i4 #ahh2 treatment of1 in war1 i4 #cce1 #ccf1 #cdb1 #cdc1 #cfi sq42 killing of1 i4 #dah-dba2 not allowed to be beaten1 i4 #ead2 the evil eye of1 i4 #eib2 regarded as versed in magic1 especially when old1 i4 #fbj1 #fff-ffh2 the occupations of1 i4 #fcc-fcg2 the sexual impulse of1 i4 #feg sq41 ii4 #dce2 ideas held about1 i4 #ffa-ffi1 ii4 #aib2 the future state of1 i4 #ffb sq41 ii4 #fgc2 of such as have died in child-birth1 ii4 #bch n4 #c1 #fgh2 menstruous1 i4 #ffc2 ii4 #cjg n4 #b1 #ech n4 #b1 #ehf2 regarded as unclean1 i4 #ffc-fff1 ii4 #ech n4 #b2 forbidden to enter sacred places1 i4 #ffd1 #ffe1 9999ii4 #geb2 to offer sacrifices1 i4 #ffd sq42 to pray1 i4 #ffd1 #ffg n4 #a2 curses of1 i4 #ffh2 serving as asylums1 i4 #ffh sq42 proprietary rights and incapacities of1 i4 #ffa1 ii4 #bh-cj1 #da1 #eg2 rules of inheritance relating to1 ii4 #dd1 #de1 #dg1 #dh1 #ee2 addicted to falsehood1 ii4 #gf1 #aac2 to suicide1 ii4 #bcb2 politeness to1 ii4 #aeb2 certain foods forbidden to1 ii4 #cbj sq42 celibacy and continence of religious1 ii4 #djf-dad1 #dai-dba2 married to gods1 ii4 #dab-dad2 chastity of unmarried1 i4 #di1 ii4 #dbb-ddf1 #fge2 coyness of1 ii4 #dce sq42 homosexual practices between1 ii4 #dfd1 #dfe1 #geb2 the lack of accessible women a cause of homosexual practices between men1 ii4 #dff sq42 their mental inferiority a cause of pederasty1 ii4 #dgj sq42 treatment of the dead bodies of1 ii4 #ebf1 #ebg1 #edi2 forbidden to eat human flesh1 ii4 #eed1 #eee n41 #egc1 #ege2 refuge denied to kidnappers of1 ii4 #fcc4 ,see ,daughters1 ,mother1 ,wives1 ,widows ,work4 ,see ,labour ,world1 renunciation of the1 ii4 #cfa-cfc ,wrong1 analysis of the concept1 i4 #acd ,,young ,,persons1 certain foods forbidden to1 ii4 #cai sq4 ,see ,children1 young ,,the ,,end ,,printed ,,in ,,great ,,britain ,,by ,r4 ,,clay ,,and ,,sons1 ,,ltd41 ,,brunswick ,,street1 ,,stamford ,,street1 ,s4,e41 ,,and ,,bungay1 ,,suffolk4 ,the ,origin and ,development of the ,moral ,ideas ,,by ,,edward ,,westermarck1 ,,ph4,d41 ,,ll4,d4 ,,some ,,press ,,opinions ,,on ,,vol4 ,i4 ,,athen,,um4-- ,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 bulk4 4 4 4 ,this book remains an achievement unsurpassed in its own kind1 a perpetual monument of the courage1 the versatility1 and the amazing industry of its author4 ,r4 ,r4 ,marett1 in ,,mind4-- ,dr4 ,westermarck's work fills me with profound admiration4 4 4 4 ,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 way4 ,havelock ,ellis1 in ,,the ,,journal ,,of ,,mental ,,science4-- ,throughout marked by an extraordinary degree of erudition which never becomes pedantic1 by an invariably fair-minded and well-balanced attitude towards difficult problems1 and by a power of broad and lucid presentation which recalls ,buckle4 ,q4 ,c4 ,wheeler1 in ,,revue ,,de ,,droit ,,international4-- ,une des contributions les plus importantes la sociologie qui aient t produites pendant les dernires annes4 4 4 4 ,cet ouvrage aura pour effet de rendre presque impossible toute tude scientifique de la morale sur les anciennes bases4 ,franz ,oppenheimer1 in ,,das ,,blaubuch4-- ,ein neues ,buch von ,edward ,westermarck bedeutet ein soziologisches ,ereignis4 ,westermarck1 das heisst3 profundestes ethnographisches ,wissen1 meisterhaft beherrscht durch ordnenden ,verstand und durchleuchtet von schrfster ,kritik und sprkrftigster ,psychologie4 ,wie seine ',geschichte der ,ehe' ein standard work der ,gesellschaftslehre bleiben wird1 als dasjenige ,buch1 das zum erstenmal eines der schwierigsten ,gebiete des menschlichen ,zusammenlebens auf brietester ,grundlage schilderte und erklrte1 so wird auch dieses zweite mchtige ,werk1 dessen erster ,band uns jetzt vorliegt1 auf lange ,zeit hinaus zu den ,grundsteinen der werdenden ,wissenschaft von ,menschen gehren4 ,,philosophical ,,review4-- ,altogether it is perhaps safe to say that the work is the most important contribution to ethical literature within recent years4 ,w4 ,r4 ,sorley1 in ,,the ,,bookman4-- ,dr4 ,westermarck is the only writer who can claim to have systematically examined the whole of the evidence1 and to have produced a comprehensive treatise on the development of men's ideas of good and evil4 4 4 4 ,he is to be congratulated on having produced a standard work on a subject of first-rate importance4 ,it is distinguished alike by breadth of view and mastery of detail1 by skilful marshalling of evidence and by sound judgment4 ,,nature4-- ,the readers of his ',history of ,human ,marriage'--all of them his debtors--were doubtless prepared for the vast array of footnotes1 the excellent way in which long series of facts are arranged1 the clearness of the style1 the sanity and reasonableness of a work which certainly was needed to keep ethical theory abreast of anthropological research1 and which will add greatly to its author's reputation4 4 4 4 ,the account of the moral emotions1 the treatment of punishment 7in which subtle arguments are offered against determent as a sufficient guiding principle71 the discussion of the various distinctions suggested by terms like act1 agent1 motive1 intention1 the detailed examination of the facts advanced by such authorities as ,lord ,avebury1 ,dr4 ,j4 ,g4 ,frazer1 ,dr4 ,steinmetz1 are all excellent4 ,,northern ,,whig4-- ,for learning and research the book is simply a marvel4 4 4 4 ,it will be an authoritative book for many a day on the subjects with which it deals4 ,l4 ,t4 ,hobhouse1 in ,,tribune4-- ,it has remained for ,dr4 ,westermarck1 a ,finn writing in ,english1 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 mankind4 4 4 4 ,it is not too much to predict that it will mark the beginning of a new era in the study of general sociology4 ,,guardian4-- ,this work1 by the author of ',the ,history of ,human ,marriage1' will undoubtedly take its place1 and that a foremost place1 amongst the standard works on the subject of ethics4 4 4 4 ,the width and depth of his learning will be recognised by every reader1 and will be utilised by many generations of students4 ,,daily ,,news4-- ,a perfect graveyard of the hasty generalisations of his predecessors4 ,,cambridge ,,review4-- ,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 condemn4 ,no one could be found more competent than ,dr4 ,westermarck to carry this great undertaking to a successful issue4 ,,expository ,,times4-- ,one of the greatest contributions of recent years to the study of ,comparative ,religion4 ,s4 ,alexander1 in ,,the ,,speaker4-- ,dr4 ,westermarck's book is without doubt of the first importance1 whether it be regarded as a philosophical treatise on ethics or as a history of moral institutions4 ,neither of these descriptions singly does justice to it1 for its merit lies in its blending of the analytical with the historical method1 so that the long history which begins in the second half of this volume and is to be completed in the next volume1 constitutes a continuous verification of his main ethical thesis that moral disapprovals und approvals arise from and express social indignation and social gratitude4 4 4 4 ,i conclude by expressing my unqualified admiration of ,dr4 ,westermarck's work1 which is worthy of the years of labour he has bestowed upon it4 ,besides its scientific importance it is recommended to readers by the unfailing interest and lucidity of its manner4 ,,university ,,review4-- ,dr4 ,westermarck belongs to no accepted school of moralists4 ,he endorses neither the humanist nor the religious views of society4 ,he is neither a utilitarian nor an intuitionalist4 ,he is both an anthropologist and a historian2 he is also a sociologist and a traveller4 ,in neglected lands where he might escape from ,european prejudices he has lived and studied the problems of the human heart and mind1 accumulating at first hand a mass of material which throws much light on the origin and development of peculiar customs and beliefs4 ,this1 added to a remark able erudition1 a scientific temper1 a felicity and abundance of illustration1 and a clear and vigorous style1 gives us a contribution to ethics1 psychology1 and sociology which is undoubtedly of the first rank1 and1 in our opinion1 the most comprehensive and luminous work which has yet been written on the subject4 ,,globe4-- ,both by the clarity and the philosophical insight of its arguments1 and the wide range of its investigations and illustrative details1 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 developments4 ,,pall ,,mall ,,gazette4-- ,the fuller consideration of ,dr4 ,westermarck's book as a philosophic treatise must wait2 meanwhile we can only congratulate him and the ,duchy1 of which he is so conspicuous an ornament1 on the production of a book that is really epoch-marking4 ,,scotsman4-- ,one of its prime characteristics is the skill with which it traces out the historical connection between moral opinions and magic and religious beliefs4 ,,yorkshire ,,post4-- ,in ,dr4 ,westermarck's hands a subject which might be impossibly abstruse becomes almost as attractive as a romance4 4 4 4 ,in pure philosophy he is to some extent a pioneer1 and will have the noble satisfaction of the pioneer in arousing doubt1 interest1 and admiration4 99 99 99 99 99 ,,london3 ,,macmillan ,,co41 ,,ltd4 99 99 99 99 99 ,transcriber's ,note ,this text combines the two separate volumes of ,westermarck's book into one file4 ,footnotes have been renumbered sequentially through each chapter and placed below the paragraph in which they occur4 ,conventions for transcription of foreign languages1 etc4 ,page numbers ,page numbers are preserved in the text1 and are placed inside curly brackets with a space on each side1 even if that means breaking some other ,,pg transcription guideline4 ,pages without a printed number 7such as initial pages of chapters7 are left unmarked1 even though the table of contents etc4 may refer to those particular pages4 ,greek alphabet ,greek expressions are transliterated in normal ,,pg style 7upsilon always as u71 except that accents are marked thus1 with symbols following the ,greek letter3 acute _/ grave circumflex ,breathings are marked thus1 with symbols following the ,greek letter3 rough 7 smooth 7 ,other ,non-,english alphabetic symbols ,the oe-ligature is written oe4 ,again1 other non-standard symbols not in the basic ,,ascii range are marked as usual in ,,pg3 the transcription is placed in square brackets2 marks above the basic letter are symbolised with a character preceding the basic character1 those beneath the letter with a character following the basic character3 ,acute accent 7or a similar mark on consonants7 is marked with ' ,circumflex with ,macron 7long mark7 with ,breve above a vowel 7short mark7 with 7 ,inverted circumflex_/breve below with v ,dot with 4 ,westermarck uses some other unusual letters3 this text uses 7 for the transcription left half ring for ,arabic ayin and for something like a rough breathing above w in the name ,e7we4 ,corrected text ,corrected text is marked with 9999 preceding the correction 7except for volume #b1 p4 #bcd1 footnote #ca where 9999 is the original text74 ,corrections to the text3 ,page ,text of #bnd edition ,correction ch4 #b1 p4 #cb n4 #eg ,obaralbanien ,oberalbanien ch4 #g1 p4 #aha n4 #hi ,du ,boys ,du ,boys ch4 #g1 p4 #aie n4 #ahf slove slave ch4 #i1 p4 #bcb neglected neglectful ch4 #aj1 p4 #bfj n4 #fj proemio prmio ch4 #aj1 p4 #bfb text for n4 #ha has no initial ch4 #af1 p4 #cha has hast ch4 #ah1 p4 #dbg n4 #fe ,communtarii ,commentarii ch4 #ah1 p4 #dcb larcency larceny ch4 #ai1 p4 #dcg text for n4 #bh has no final ch4 #ai1 p4 #dea ,anthenians ,athenians ch4 #ai1 p4 #dfh text for n4 #bea has no final ch4 #ba1 p4 #ejb text for n4 #ba has no final ch #bb1 p4 #eag n4 #de abuse abused ch4 #bb1 p4 #eba memtioned mentioned ch4 #bc1 p4 #eca n4 #db ,magazin ,magazine ch4 #bc1 p4 #eeh n4 #bed ,law is not italicised ch4 #bd1 p4 #egb n4 #aa the ,discovery ,discovery ch4 #be1 p4 #fja text for n4 #cc has no initial ch4 #bf1 p4 #fcd n4 #ci ,globus is not italicised ch4 #bi1 p4 #ce n4 #c tibes tribes ch4 #cj1 p4 #gd text for n4 #f has no final ch4 #cj1 p4 #ii n4 #bef #ajj #aaj ch4 #cc1 p4 #aff m-dash 4 ch4 #ce1 p4 #bdh n4 #aea ,phdro ,phdo ch4 #ce1 p4 #beg n4 #baa everbody everybody ch4 #ce1 p4 #bfa m-dash 4 ch4 #cg1 p4 #cja1 n4 #hj 4 1 ch4 #ci1 p4 #cdi1 n4 #ba 1 4 ch4 #db1 p4 #dbb text for n4 #b has no final ch4 #dc1 p4 #dei n4 #f4 4 1 ch4 #dc1 p4 #dhg n4 #bji italics omitted from ,sacred ,books etc4 ch4 #dd1 p4 #dih n4199 n4 991 ch4 #df1 p4 #eec n4 #a 1 ch4 #df1 p4 #eee ,if ,it ch4 #dh1 p4 #fah n4 #he i #a ch4 #ea1 p4 #gbg wordly worldly ch4 #eb1 p4 #gcd wordly worldly ,authorities1 p4 #ghf ,indan ,indian ,authorities1 p4 #gih mosaich mosaisch ,authorities1 p4 #hjj ,reisin ,reisen ,authorities1 p4 #hbf ,museun ,museum ,authorities1 p4 #hbh ,soceity ,society ,index1 p4 #hbh ,london #ahci ,london1 #ahci ,index1 p4 #hdb #ead #eae ,index1 p4 #hdd n4 #b n4 #h ,index1 p4 #hdg polution pollution ,index1 p4 #hej i4 ii4 ,index1 p4 #heb 7twice7 ii4 ,index1 p4 #hfb 2 1 ,index1 p4 #hfb i4 ii4 ,index1 p4 #hfe ii4