[Footnote 123: Curtius Rufus, _De gestis Alexandri Magni_, vi. 11. 20.]

[Footnote 124: Dionysius of Halicarnassus, _Antiquitates Romanae_,

viii. 80.]

[Footnote 125: _Ibid._ viii. 80.]

[Footnote 126: _Codex Iustinianus_, ix. 47. 22.]

[Footnote 127: _Ibid._ ix. 8. 5.]

[Footnote 128: Laws of Cnut, ii. 77. _Cf._ Lappenberg, _History of

England under the Anglo-Saxon Kings_, ii. 414; Wilda, _op. cit._ p. 906.]

[Footnote 129: _Leges Edwardi Confessoris_, 19.]

[Footnote 130: Lecky, _History of Rationalism in Europe_, ii. 36,

n. 1. Eicken, _Geschichte und System der mittelalterlichen

Weltanschauung_, p. 572 _sq._ Paramo, _De origine et progressu Sancti

Inquisitionis_ p. 587 _sq._]

[Footnote 131: Eicken, _op. cit._ p. 573.]

[Footnote 132: _Ibid._ p. 573.]

[Footnote 133: Du Boys, _Histoire du droit criminel des peuples

modernes_, ii. 236.]

[Footnote 134: Hertz, _Voltaire und die französische Strafrechtspflege

im achtzehnten Jahrhundert_, p. 27.]

[Footnote 135: Stephen, _History of the Criminal Law of England_, i.

487 _sq._; iii. 105.]

For the explanation of these facts we have to remember what has been

said before about collective responsibility in the case of revenge.

Speaking of the Chinese doctrine of family solidarity, Dr. de Groot

observes that, "under the influence of this doctrine, families, not

men individually, came to be regarded, from the Government's point of

view, as the smallest particles, the molecules of the nation, each

individual being swallowed up in the circle of his kinsfolk."[136]

Such a doctrine assumes that the other members of the family-group

are, in a way, accessories {48} to any crime committed by a

fellow-member. "Human nature," says Lord Kames, "is not so perverse,

as without veil or disguise to punish a person acknowledged to be

innocent. An irregular bias of imagination, which extends the

qualities of the principal to its accessories, paves the way to that

unjust practice. This bias, strengthened by indignation against an

atrocious criminal, leads the mind hastily to conclude, that all his

connections are partakers of his guilt."[137] Among the ancients we

also meet with a strong belief that, according to the course of

nature, wicked fathers have wicked sons. "That which is begot," says

Plutarch, "is not, like some production of art unlike the begetter,

for it proceeds from him, and is not merely produced by him, so that

it appropriately receives his share, whether that be honour or

punishment."[138] To destroy, or to make harmless, the family of an

offender may be, not only an act of retaliation, but a precaution;

according to an old Greek adage, "a man is a fool if he kills the

father and leaves the sons alive."[139] This especially holds good for

treason, which generally suggests accomplices; and of all crimes for

which penalties are imposed upon other individuals besides the

culprit, treason is probably the most common. This crime is also

particularly apt to evoke the hatred of those who have the power to

punish, hence the punishment of it, being closely allied to an act of

revenge, is often inflicted without due discrimination. Moreover, by

being extended to the criminal's family, the punishment falls more

heavily upon himself as well. Again, in case the crime is of a

sacrilegious character, it is supposed to pollute everybody connected

with the criminal, and even the whole community where he dwells.

[Footnote 136: de Groot, _Religious System of China_ (vol. ii. book)

i. 539.]

[Footnote 137: Kames, _Sketches of the History of Man_, iv. 148.]

[Footnote 138: Plutarch, _De sera numinis vindicta_, 16. _Cf._

Dionysius of Halicarnassus, _op. cit._ viii. 80.]

[Footnote 139: Schmidt, _Ethik der alten Griechen_, ii. 126.]

In their administration of justice, gods are still more indiscriminate

than men. They hold the individual responsible for the whole to which

he belongs. They {49} punish the community for the sins of one of its

members. They visit the iniquity of the fathers and forefathers upon

the children and descendants.

The Sibuyaus, a tribe belonging to the Sea Dyaks, "are of opinion

that an unmarried girl proving with child must be offensive to the

superior powers, who, instead of always chastising the individual,

punish the tribe by misfortunes happening to its members. They,

therefore, on the discovery of the pregnancy fine the lovers, and

sacrifice a pig to propitiate offended Heaven, and to avert that

sickness or those misfortunes that might otherwise follow; and they

inflict heavy mulcts for every one who may have suffered from any

severe accident, or who may have been drowned within a month before

the religious atonement was made."[140] According to Chinese beliefs,

whole kingdoms are punished for the conduct of their rulers by spirits

who act as avengers with orders or approval from the _Tao_, or

Heaven.[141] Prevalent opinion in China, continuously inspired anew by

literature of all times and ages, further admits that spiritual

vengeance may come down upon the culprit's offspring in the form of

disease or death.[142] When a maimed or deformed child is born the

Japanese say that its parents or ancestors must have committed some

great sin.[143] The Vedic people ask Varuna to forgive the wrongs

committed by their fathers.[144] Says the poet:--"What we ourselves

have sinned in mercy pardon; my own misdeeds do thou, O god, take from

me, and for another's sin let me not suffer."[145] According to the

ancient Greek theory of divine retribution, the community has to suffer

for the sins of some of its members, children for the sins of their

fathers.[146] Hesiod says that often a whole town is punished with

famine, pestilence, barrenness of its women, or loss of its army or

vessels for the misdeeds of a single individual.[147] Cr[oe]sus atoned

by the forfeiture of his kingdom for the crime of Gyges, his fifth

ancestor, who had murdered his master and usurped his throne.[148]

Cytissorus brought down the anger of gods upon his descendants by {50}

rescuing Athamas, whom the Achaians intended to offer up as an

expiatory sacrifice on behalf of their country.[149] When hearing of

the death of his wife, Theseus exclaims, "This must be a heaven-sent

calamity in consequence of the sins of an ancestor, which from some

remote source I am bringing on myself."[150] According to Hebrew

notions, sin affects the nation through the individual and entails

guilt on succeeding generations.[151] The anger of the Lord is kindled

against the children of Israel on account of Achan's sin.[152] The sin

of the sons of Eli is visited on his whole house from generation to

generation.[153] Because Saul has slain the Gibeonites, the Lord

sends, in the days of David, a three years' famine, which ceases only

when seven of Saul's sons are hanged.[154] The sins of Manasseh are

expiated even by the better generation under Josiah.[155] The notion

of a jealous God who visits the iniquity of the fathers upon the

children unto the third and fourth generation of them that hate

Him,[156] is also frequently met with in the Old Testament Apocrypha.

"The inheritance of sinners' children shall perish, and their

posterity shall have a perpetual reproach."[157] "The seed of an

unrighteous bed shall be rooted out."[158] The same idea has survived

among Christian peoples. It was referred to in Canon Law as a

principle to be imitated by human justice,[159] and by Innocent III.

in justification of a bull which authorised the confiscation of the

goods of heretics.[160] Up to quite recent times it was a common

belief in Scotland that the punishment of the cruelty, oppression, or

misconduct of an individual descended as a curse on his children to

the third and fourth generation. It was not confined to the common

people; "all ranks were influenced by it; and many believed that if

the curse did not fall upon the first or second generation it would

inevitably descend upon the succeeding."[161] In the dogma that the

whole human race is condemned on {51} account of the sin of its first

parents, the doctrine of collective responsibility has reached its pitch.

[Footnote 140: St. John, _Life in the Forests of the Far East_, i. 63.]

[Footnote 141: de Groot, _op. cit._ (vol. iv. book) ii. 432, 435.

Davis, _China_, ii. 34 _sq._]

[Footnote 142: de Groot, _op. cit._ (vol. iv. book) ii. 452.]

[Footnote 143: Griffis, _Mikado's Empire_, p. 472.]

[Footnote 144: _Rig-Veda_, vii. 86. 5. _Cf._ _Atharva-Veda_, v. 30. 4;

x. 3. 8.]

[Footnote 145: _Rig-Veda_, ii. 28. 9. _Cf._ _ibid._ vi. 51. 7;

vii. 52. 2.]

[Footnote 146: Nägelsbach, _Nachhomerische Theologie des griechischen

Volksglaubens_, p. 34 _sq._ Schmidt, _op. cit._ i. 67 _sqq._ Farnell,

_Cults of the Greek States_, i. 76 _sq._]

[Footnote 147: Hesiod, _Opera et dies_, 240 _sqq._]

[Footnote 148: Herodotus, i. 91.]

[Footnote 149: _Ibid._ vii. 197.]

[Footnote 150: Euripides, _Hippolytus_, 831 _sq._]

[Footnote 151: Oehler, _Theology of the Old Testament_, i. 236.

Dorner, _System of Christian Doctrine_, ii. 325. Montefiore, _Hibbert

Lectures_, p. 103. Robertson Smith, _Religion of the Semites_, p. 421.

Schultz, _Old Testament Theology_, ii. 308. Bernard, 'Sin,' in

Hastings, _Dictionary of the Bible_, iv. 530, 534.]

[Footnote 152: _Joshua_, vii. 1.]

[Footnote 153: _1 Samuel_, ii. 27 _sqq._]

[Footnote 154: _2 Samuel_, xxi. 1 _sqq._]

[Footnote 155: _Deuteronomy_, i. 37; iii. 26; iv. 21. _2 Kings_,

xxiii. 26; xxiv. 3. _Jeremiah_, xv. 4 _sqq._]

[Footnote 156: _Exodus_, xx. 5; xxiv. 7, _Numbers_, xiv. 18.

_Deuteronomy_, v. 9. _Cf._ _Leviticus_, xxvi. 39.]

[Footnote 157: _Ecclesiasticus_, xli. 6. _Cf._ _ibid._ xvi. 4;

xli. 5, 7 _sqq._]

[Footnote 158: _Wisdom of Solomon_, iii. 16. _Cf._ _ibid._ iii. 12,

13, 17 _sqq._]

[Footnote 159: Eicken, _op. cit._ p. 572.]

[Footnote 160: Lecky, _History of Rationalism in Europe_, ii. 37 n.]

[Footnote 161: Stewart, _Sketches of the Character, &c., of the

Highlanders of Scotland_, p. 127.]

Men originally attribute to their gods mental qualities similar to

their own, and imagine them to be no less fierce and vindictive than

they are themselves. Thus the retribution of a god is, in many cases,

nothing but an outburst of sudden anger, or an act of private revenge,

and as such particularly liable to comprise, not only the offender

himself, but those connected with him. Plutarch even argued that the

punishments inflicted by gods on cities for ill-deeds committed by

their former inhabitants allowed of a just defence, on the ground that

a city is "one continuous entity, a sort of creature that never

changes from age, or becomes different by time, but is ever

sympathetic with and conformable to itself," and therefore "answerable

for whatever it does or has done for the public weal, as long as the

community by its union and federal bonds preserves its unity."[162] He

further observes that a bad man is not bad only when he breaks out

into crime, but has the seeds of vice in his nature, and that the

deity, knowing the nature and disposition of every man, prefers

stifling crime in embryo to waiting till it becomes ripe.[163]

[Footnote 162: Plutarch, _De sera numinis vindicta_, 15.]

[Footnote 163: _Ibid._ 20.]

But there are yet special reasons for extending the retribution of a

god beyond the limits of individual guilt. Whilst the resentment of a

man is a matter of experience, that of a god is a matter of inference.

That some particular case of suffering is a divine punishment, is

inferred either from its own peculiar character, suggesting the direct

interference of a god, or from the assumption that a certain act, on

account of its offensiveness, cannot be left unpunished. Now

experience shows that, in many instances, the sinner himself escapes

all punishment, leading a happy life till his death; hence the

conclusion is near at hand that any grave misfortune which befalls his

descendants, is the delayed retribution of the offended {52} god.[164]

Such a conclusion is quite in harmony with the common notions of

divine power. It especially forces itself upon a mind which has no

idea of a hell with _post mortem_ punishments for the wicked. And,

where the spirit of a man after his death is believed to be still

ardently concerned for the welfare of his family,[165] the affliction

of his descendants naturally appears as a punishment inflicted upon

himself. As Dr. de Groot observes, the doctrine of the Chinese, that

spiritual vengeance may descend on the offender's offspring, tallies

perfectly with their conception "that the severest punishment which

may be inflicted on one, both in his present life and the next, is

decline or extermination of his male issue, leaving nobody to support

him in his old age, nobody to protect him after his death from misery

and hunger by caring for his corpse and grave, and sacrificing to his

manes."[166]

[Footnote 164: _Cf._ Isocrates, _Oratio de pace_, 120; Cicero, _De

natura Deorum_, iii. 38; Nägelsbach, _op. cit._ p. 33 _sq._]

[Footnote 165: _Cf._ Schmidt, _op. cit._ i. 71 _sq._ (ancient

Greeks).]

[Footnote 166: de Groot, _op. cit._ (vol. iv. book) ii. 452.]

The retributive sufferings which innocent persons have to undergo in

consequence of the sins of the guilty, are not always supposed to be

inflicted upon them directly, as a result of divine resentment. They

are often attributed to infection. Sin is looked upon in the light of

a contagious matter which may be transmitted from parents to children,

or be communicated by contact.

This idea is well illustrated by the funeral ceremonies of the

Tahitians. "When the house for the dead had been erected, and the

corpse placed upon the platform or bier, the priest ordered a hole to

be dug in the earth or floor near the foot of the platform. Over this

he prayed to the god by whom it was supposed the spirit of the

deceased had been required. The purport of his prayer was that all the

dead man's sins, and especially that for which his soul had been

called to the _po_, might be deposited there, that they might not

attach in any degree to the survivors, and that the anger of the god

might be appeased." All who were employed in embalming the dead were

also, during the process, carefully avoided by every person, {53} as

the guilt of the crime for which the deceased had died was believed to

contaminate such as came in contact with the corpse; and as soon as

the ceremony of depositing the sins in the hole was over, all who had

touched the body or the garments of the deceased, which were buried or

destroyed, fled precipitately into the sea to cleanse themselves from

the pollution.[167] In one part of New Zealand "a service was

performed over an individual, by which all the sins of the tribe were

supposed to be transferred to him, a fern stalk was previously tied to

his person, with which he jumped into the river and there unbinding,

allowed it to float away to the sea, bearing their sins with it."[168]

The Iroquois White Dog Feast, which was held every year in January,

February, or early in March,[169] implied, according to most

authorities, a ceremony of sin-transference.[170] The following

description of it is given by Mrs. Jemison, a white woman who was

captured by the Indians in the year 1755:--Two white dogs, without

spot or blemish, are strangled and hung near the door of the

council-house. On the fourth or fifth day the "committee," consisting

of from ten to twenty active men who have been appointed to

superintend the festivities, "collect the evil spirit, or drive it off

entirely, for the present, and also concentrate within themselves all

the sins of their tribe, however numerous or heinous. On the eighth or

ninth day, the committee having received all the sin, as before

observed, into their own bodies, they take down the dogs, and after

having transfused the whole of it into one of their own number, he, by

a peculiar sleight of hand, or kind of magic, works it all out of

himself into the dogs. The dogs, thus loaded with all the sins of the

people, are placed upon a pile of wood that is directly set on fire.

Here they are burnt, together with the sins with which they were

loaded."[171] Among the Badágas of India, at a burial, "an elder,

standing by the corpse, offers up a prayer that the dead may not go to

hell, that the sins committed on earth may be forgiven, and that the

sins may be borne by a calf, which is let loose in the jungle and used

thenceforth for no manner of work."[172] At Utch-Kurgan, in Turkestan,

Mr. Schuyler saw an old man, constantly {54} engaged in prayer, who

was said to be an _iskatchi_, that is, "a person who gets his living

by taking on himself the sins of the dead, and thenceforth devoting

his life to prayer for their souls."[173]

[Footnote 167: Ellis, _Polynesian Researches_, i. 401 _sqq._]

[Footnote 168: Taylor, _Te Ika a Maui_, p. 101.]

[Footnote 169: Beauchamp, 'Iroquois White Dog Feast,' in _American

Antiquarian_, vii. 236 _sq._ Hale, 'Iroquois Sacrifice of the White

Dog,' _ibid._ vii. 7.]

[Footnote 170: Beauchamp, _loc. cit._ p. 237 _sq._]

[Footnote 171: Seaver, _Narrative of the Life of Mrs. Mary Jemison_,

p. 158 _sqq._ _Cf._ Mr. Clark's description, quoted by Beauchamp,

_loc. cit._ p. 238.]

[Footnote 172: Thurston, 'Badágas of the Nilgiris,' in the Madras

Government Museum's _Bulletin_, ii. 4. _Cf._ Metz, _Tribes inhabiting

the Neilgherry Hills_, p. 78; Graul, _Reise nach Ostindien_,

iii. 296 _sqq._]

[Footnote 173: Schuyler, _Turkistan_, ii. 28.]

In ancient Peru, an Inca, after confession of guilt, bathed in a

neighbouring river, and repeated this formula:--"O thou River, receive

the sins I have this day confessed unto the Sun, carry them down to

the sea, and let them never more appear."[174] According to Vedic

beliefs, sin is a contamination which may be inherited, or contracted

in various ways,[175] and of which the sinner tries to rid himself by

transferring it to some enemy,[176] or by invoking the gods of water

or fire.[177] It is washed out by Varuna, in his capacity of a

water-god,[178] and by Trita, another water-god,[179] and even by "the

Waters" in general, as appears from the prayer addressed to them:--"O

Waters, carry off whatever sin is in me and untruth."[180] For a

similar reason, as it seems, water became in the later, Brahmanic age,

the "essence (sap) of immortality"[181] and the belief in its

purifying power still survives in modern India. No sin is too heinous

to be removed, no character too black to be washed clean, by the

waters of Ganges.[182] At sacred places of pilgrimage on the banks of

rivers, the Hindus perform special religious shavings for the purpose

of purifying soul and body from pollution; and persons who have

committed great crimes or are troubled by uneasy consciences, travel

hundreds of miles to such holy places where "they may be released from

every sin by first being relieved of every hair and then plunging into

the sacred stream."[183] So, also, according to Hindu beliefs, contact

with cows purifies, and, as in the Parsi ritual, the dung and urine of

cows have the power of preventing or cleansing away not only material,

but moral defilements.[184] In post-Homeric Greece, individuals and a

whole people were cleansed from their sins by water or some other

material means of purification.[185] Plutarch, after observing {55}

that "there are other properties that have connection and

communication, and that transfer themselves from one thing to another

with incredible quickness and over immense distances," asks whether it

is "more wonderful that Athens should have been smitten with a plague

which started in Arabia, than that, when the Delphians and Sybarites

became wicked, vengeance should have fallen on their descendants."[186]

The Hebrews annually laid the sins of the people upon the head of a

goat, and sent it away into the wilderness;[187] and they cleansed

every impurity with consecrated water or the sprinkling of blood.[188]

To this day, the Jews in Morocco, on their New-Year's day, go to the

sea-shore, or to some spring, and remove their sins by throwing stones

into the water. The words of the Psalmist, "wash me thoroughly from

mine iniquity, and cleanse me from my sin,"[189] were not altogether a

figure of speech; nor is Christian baptism originally a mere symbol.

Its result is forgiveness of sins;[190] by the water, as a medium of

the Holy Ghost, "the stains of sin are washed away."[191] That sin is

contagious has been expressly stated by Christian writers. Novatian

says that "the one is defiled by the sin of the other, and the

idolatry of the transgressor passes over to him who does not

transgress."[192]

[Footnote 174: Tylor, _Primitive Culture_, ii. 435.]

[Footnote 175: _Atharva-Veda_, v. 30. 4; x. 3. 8; vii. 64. i. _sq._

_Cf._ Oldenberg, _Religion des Veda_, p. 290.]

[Footnote 176: _Rig-Veda_, x. 36. 9; x. 37. 12.]

[Footnote 177: _Ibid._ x. 164. 3. _Atharva-Veda_, vii. 64. 2. _Cf._

Kaegi, _Rig-Veda_, p. 157; Oldenberg, _op. cit._ pp. 291-298, 319 _sqq._]

[Footnote 178: _Cf._ Hopkins, _Religions of India_ pp. 65 n. 1, 66.]

[Footnote 179: _Atharva-Veda_, vi. 113. 1 _sqq._]

[Footnote 180: _Rig-Veda_, i. 23. 22. Sin is also looked upon as a

galling chain from the captivity of which release is besought (_ibid._

i. 24. 9, 13 _sq._; ii. 27. 16; ii. 28. 5; v. 85. 8; vi. 74. 3; &c.).]

[Footnote 181: Hopkins, _op. cit._ p. 196.]

[Footnote 182: Monier Williams, _Br[=a]hmanism and Hind[=u]uism_, p.

347.]

[Footnote 183: _Ibid._ p. 375.]

[Footnote 184: Barth, _Religions of India_, p. 264. _Laws of Manu_,

iii. 206; v. 105, 121, 124; xi. 110, 203, 213.]

[Footnote 185: Stengel, _Die griechischen Kultusaltertümer_, p. 138

_sqq._]

[Footnote 186: Plutarch, _De sera numinis vindicta_, 14.]

[Footnote 187: _Leviticus_, xvi.]

[Footnote 188: _Numbers_, viii. 7; xix. 4-9, 13 _sqq._; xxxi. 23.

_Leviticus_, xvi. 14 _sqq._]

[Footnote 189: _Psalms_, li. 2.]

[Footnote 190: Harnack, _op. cit._ ii. 140 _sqq._]

[Footnote 191: _Catechism of the Council of Trent_, ii. 2. 10, p. 162.]

[Footnote 192: Quoted by Harnack, _op. cit._ ii. 119.]

In this materialistic conception of sin there is an obvious confusion

between cause and effect, between the sin and its punishment. Sin is

looked upon as a substance charged with injurious energy, which will

sooner or later discharge itself to the discomfort or destruction of

anybody who is infected with it. The sick Chinese says of his disease,

"it is my sin," instead of saying, "it is the punishment of my

sin."[193] Both in Hebrew and in the Vedic language the word for sin

is used in a similar way.[194] "In the consciousness of the pious

Israelite," Professor Schultz observes, "sin, guilt, and punishment,

are ideas so directly connected that the words for them are

interchangeable."[195] {56} The prophets frequently and emphatically

declare that there is in sin itself a power which must destroy the

sinner.[196] So, too, as M. Bergaigne points out, there is in the

Vedic notion of sin, "la croyance à une sorte de vertu propre du

péché, grâce à laquelle il produit de lui-même son effet nécessaire, à

savoir le châtiment du pécheur."[197] Sins are thus treated like

diseases, or the germs of diseases, of which patients likewise try to

rid themselves by washing or burning, or which are described in the

very language often applied to sins as fetters which hold them

chained.[198] All kinds of evil are in this way materialised. The

Shamanistic peoples of Siberia, says Georgi, "hold evil to be a

self-existing substance which they call by an infinitude of particular

names."[199] According to Moorish ideas, _l-bas_, or "misfortune," is

a kind of infection, which may be contracted by contact and removed by

water or fire; hence in all parts of Morocco water- and

fire-ceremonies are performed annually, either on the _[(]âshur_-eve

or at midsummer, _l-[(]an[s.]ara_, for the purpose of purifying men,

animals, and fruit-trees.[200] And just as the Moors, on these {57}

occasions, rid themselves of _l-bas_, so, in modern Greece, the women

make a fire on Midsummer Eve, and jump over it, crying, "I leave my

sins."[201]

[Footnote 193: Edkins, _Religion in China_, p. 134.]

[Footnote 194: Holzman, 'Sünde und Sühne in den Rigvedahymnen und den

Psalmen,' in _Zeitschr. f. Völkerpsychologie_, xv. 9.]

[Footnote 195: Schultz, _op. cit._ ii. 306. _Cf._ Curtiss, _Primitive

Semitic Religion To-day_, p. 124 _sqq._]

[Footnote 196: _Ibid._ ii. 308 _sq._]

[Footnote 197: Bergaigne, _Religion védique_, iii. 163. _Cf._

_Rig-Veda_, x. 132. 5.]

[Footnote 198: Oldenberg, _op. cit._ p. 288.]

[Footnote 199: Georgi, _Russia_, iii. 257.]

[Footnote 200: The various methods of transferring or expelling evil,

which abundantly illustrate the materialistic notions held about it,

have been treated by Dr. Frazer with unrivalled learning (_The Golden

Bough_), iii. 1 _sqq._ I have little doubt that the fire- and

water-ceremonies, once practised all over Europe on a certain day

every year, belong to the same group of rites. "The best general

explanation of these European fire-festivals," says Dr. Frazer

(_ibid._ iii. 300), "seems to be the one given by Mannhardt, namely,

that they are sun-charms or magical ceremonies intended to ensure a

proper supply of sunshine for men, animals, and plants." But it should

be noticed that in Europe, as in Morocco, a purificatory purpose is

expressly ascribed to them by the very persons by whom they are

practised (see Frazer, _op. cit._ iii. 238 _sqq._), that they

alternate with lustration by water (see Grimm, _Teutonic Mythology_,

ii. 588 _sqq._). On the other hand, in Dr. Frazer's exhaustive

description of these ceremonies I fail to discover a single fact which

would make Mannhardt's hypothesis at all probable. Dr. Frazer says

(_op. cit._ iii. 301), "The custom of rolling a burning wheel down a

hillside, which is often observed at these times, seems a very natural

imitation of the sun's course in the sky." To me it appears as a

method of distributing the purificatory energy over the fields or

vineyards. Notice, for instance, the following statements:--In the

Rhon Mountains, Bavaria, "a wheel wrapt in combustibles, was kindled

and rolled down the hill; and the young people rushed about the fields

with their burning torches and brooms. . . . In neighbouring villages

of Hesse . . . it is thought that wherever the burning wheels roll,

the fields will be safe from hail and storm" (_ibid._ iii. 243 _sq._).

At Volkmarsen, in Hesse, "in some places tar-barrels or wheels wrapt

in straw used to be set on fire, and then sent rolling down the

hillside. In others the boys light torches and whisps of straw at the

bonfires and rush about brandishing them in their hands" (_ibid._ iii.

254). In Münsterland, "boys with blazing bundles of straw run over the

fields to make them fruitful" (_ibid._ iii. 255). Dr. Frazer says

(_ibid._ iii. 301), "The custom of throwing blazing discs, shaped

liked suns, into the air is probably also a piece of imitative magic."

But why should it not, in conformity with other practices, be regarded

as a means of purifying the air? According to old writers, the object

of Midsummer fires was to disperse the aerial dragons (_ibid._ iii.

267). It would carry me too far from my subject to enter into further

details. I have dealt with the matter in my article 'Midsummer Customs

in Morocco.' in _Folk-Lore_, xvi. 27-47.]

[Footnote 201: Grimm, _Teutonic Mythology_, ii. 623.]

Closely connected with the primitive conception of sin, is that of a

curse. In fact, the injurious energy attributed to a sinful act, is in

many cases obviously due to the curse of a god. The curse is looked

upon as a baneful substance, as a miasma which injures or destroys

anybody to whom it cleaves. The curse of Moses was said to lie on

mount Ebal, ready to descend with punishments whenever there was an

occasion for it.[202] The Arabs, when being cursed, sometimes lay

themselves down on the ground so that the curse, instead of hitting

them, may fly over their bodies.[203] According to Teutonic notions,

curses alight, settle, cling, they take flight, and turn home as birds

to their nests.[204] It is the vulgar opinion in Ireland "that a curse

once uttered must alight on something: it will float in the air seven

years, and may descend any moment on the party it was aimed at; if his

guardian angel but forsake him, it takes forthwith the shape of some

misfortune, sickness or temptation, and strikes his devoted

head."[205] We shall later on see that curses are communicated through

material media. In some parts of Morocco, if a man is not powerful

enough to avenge an infringement on his marriage-bed, he leaves seven

tufts of hair on his head and goes to another tribe to ask for help.

This is _l-[(]âr_, a conditional curse, which is first seated in the

tufts, and {58} from there transferred to those whom he invokes.

Similarly, a person under the vow of blood-revenge lets his hair grow

until he has fulfilled his vow. The oath clings to his hair, and will

fall upon his head if he violates it.[206]

[Footnote 202: _Deuteronomy_, xi. 29.]

[Footnote 203: Goldziher, _Abhandlungen zur arabischen Philologie_, i.

29. Wellhausen, _Reste arabischen Heidentums_, p. 139, n. 4.]

[Footnote 204: Grimm, _op. cit._ iv. 1690.]

[Footnote 205: _Ibid._ iii. 1227. Wood-Martin, _Traces of the Elder

Faiths of Ireland_ ii, 57 _sq._]

[Footnote 206: The same practice prevailed among the ancient Arabs

(Wellhausen, _op. cit._ p. 122), and some other cases are recorded by

Dr. Frazer (_op. cit._ i. 370 _sq._). I cannot accept Wellhausen's

explanation (_op. cit._ p. 124) that the hair is allowed to grow for

the purpose of being sacrificed when the vow is fulfilled.]

Generally, a curse follows the course which is indicated by the

curser. But it does not do so in every case, and it has a tendency to

spread. In ancient India[207] and among the Arabs[208] and

Hebrews,[209] there was a belief that a curse, especially if it was

undeserved, might fall back on the head of him who uttered it. The

same belief prevailed, or still prevails, among the Irish;[210] so,

also, according to an English proverb, "curses, like chickens, come

home to roost." According to Plato, the curse of a father or mother

taints everything with which it comes in contact. Any one who is found

guilty of assaulting a parent, shall be for ever banished from the

city into the country, and shall abstain from the temples; and "if any

freeman eat or drink, or have any other sort of intercourse with him,

or only meeting him have voluntarily touched him, he shall not enter

into any temple, nor into the agora, nor into the city, until he is

purified; for he should consider that he has become tainted by a

curse."[211] Plutarch asks whether Jupiter's priest was forbidden to

swear for the reason that "the peril of perjury would reach in common

to the whole commonwealth, if a wicked, godless, and forsworn person

should have the charge and superintendence of the prayers, vows, and

sacrifices made on behalf of the city."[212] The Romans believed that

certain horrid imprecations had such power, that not only the object

of them never escaped their influence, but that the person who used

them also was sure {59} to be unhappy.[213] Among the Arinzes, an oath

is reckoned a terrible thing:--"They do not suffer a person, who has

been under the necessity of expurgating himself in so dreadful a

manner, to remain among them: he is sent into exile."[214] According

to Bedouin notions, a solemn oath should only be taken at a certain

distance from the camp, "because the magical nature of the oath might

prove pernicious to the general body of Arabs, were it to take place

in their vicinity."[215] "To take an oath of any sort," says

Burckhardt, "is always a matter of great concern among the Bedouins.

It seems as if they attached to an oath consequences of a supernatural

kind. . . . A Bedouin, even in defence of his own right, will seldom

be persuaded to take a solemn oath before a kadhy, or before the tomb

of a sheikh or saint, as they are sometimes required to do; and would

rather forfeit a small sum than expose himself to the dreaded

consequences of an oath."[216] Exactly the same holds good for the

Moors. The conditional self-curse is supposed in some degree to

pollute the swearer even though the condition referred to in the oath

be only imaginary, in other words, though he do not perjure himself.

This, I think, is the reason why, among the Berbers in the South of

Morocco, persons who have been wrongly accused of a crime, sometimes

entirely undress themselves in the sanctuary where they are going to

swear. They believe that, if they do so, the saint will punish the

accuser; and I conclude that at the bottom of this belief there is a

vague idea that the absence of all clothes will prevent the oath from

clinging to themselves. They say that it is bad not only to swear, but

even to be present when an oath is taken by somebody else. And at

Demnat, in the Great Atlas, I was told that when a person has made

oath at a shrine, he avoids going back to his house the same way as he

came, since otherwise, at least if he {60} has sworn false, his family

as well as himself would have to suffer.

[Footnote 207: _Atharva-Veda_, ii. 7. 5.]

[Footnote 208: Goldziher, _Abhandlungen_, i. 38 _sq._]

[Footnote 209: _Ecclesiasticus_, xxi. 27.]

[Footnote 210: Wood-Martin, _op. cit._ ii. 57 _sq._]

[Footnote 211: Plato, _Leges_, ix. 881.]

[Footnote 212: Plutarch, _Questiones Romanae_, 44.]

[Footnote 213: _Idem_, _Vita Cassi_, 16.]

[Footnote 214: Georgi, _op. cit._ iii. 54 _sq._]

[Footnote 215: Burckhardt, _Bedouins and Wahábys_, p. 73.]

[Footnote 216: _Ibid._ p. 165.]

If a curse is infectious, it is naturally liable to contaminate those

who derive their origin from the infected individual. The house of

Glaucus was utterly extirpated from Sparta, in accordance with the

words of the oracle, "There is a nameless son of the Oath-god who has

neither hands nor feet; he pursues swiftly, until, having seized, he

destroys the whole race, and all the house."[217] So, too, the Erinyes

visited the sins of the fathers even on the children and

grandchildren;[218] and the Erinyes were originally only

personifications of curses.[219] It is said in the Ecclesiasticus:--"A

man that useth much swearing shall be filled with iniquity, and the

plague shall never depart from his house. . . . If he swear in vain,

he shall not be innocent, but his house shall be full of

calamities."[220] Casalis remarks of the Basutos, that "the dreadful

consequences that the curse of Noah has had for Ham and his

descendants appear quite natural to these people."[221] The Dharkâr

and Majhwâr in Mirzapur, believe that a person who forswears himself

will lose his property and his children;[222] but as we do not know

the contents of the oath, it is possible that the destruction of the

latter is not ascribed to mere contagion, but is expressly imprecated

on them by the swearer.[223] Among the Rejangs of Sumatra, {61} "any

accident that happens to a man, who has been known to take a false

oath, or to his children or grandchildren, is carefully recorded in

memory, and attributed to this sole cause."[224] Among the Karens the

following story is told:--"Anciently there was a man who had ten

children, and he cursed one of his brethren, who had done him no

injury; but the curse did the man no harm, and he did not die. Then

the curse returned to the man who sent it, and all his ten children

died."[225] The Moors are fond of cursing each other's father or

mother, or grandfather, or grandfather's father, such a curse being

understood to involve their descendants as well. The Rev. R. Taylor

says of the Maoris, "To bid you go and cook your father would be a

great curse, but to tell a person to go and cook his great-grandfather

would be far worse, because it included every individual who has

sprung from him."[226]

[Footnote 217: Herodotus, vi. 86. _Cf._ Hesiod, _Opera et dies_,

282 _sqq._]

[Footnote 218: Aeschylus, _Eumenides_, 934 _sqq._]

[Footnote 219: Aeschylus (_Eumenides_, 416 _sq._) expressly designates

the Erinyes by the title of "curses" ([Greek: a)rai\]), and Pausanias

derives the name Erinys from an Arcadian word signifying a fit of

anger. _Cf._ von Lasaulx, 'Der fluch bei Griechen und Römern,' in

_Verzeichnis der Vorlesungen an der Julius-Maximilians-Universitaet zu

Würzburg im Sommer-Semester_ 1843, p. 8; Müller, _Dissertations on the

Eumenides of Aeschylus_, p. 155 _sqq._; Rohde, 'Paralipomena,' in

_Rheinisches Museum für Philologie_, 1895, p. 16 _sq._]

[Footnote 220: _Ecclesiasticus_, xxiii. 11. _Cf._ _ibid._ xli. 5

_sqq._; _Wisdom of Solomon_, iii. 12 _sq._, xii. 11.]

[Footnote 221: Casalis, _Basutos_, p. 305.]

[Footnote 222: Crooke, _Tribes and Castes of the North-Western

Provinces and Oudh_, ii. 287; iii. 444. _Cf._ _ibid._ i. 132.]

[Footnote 223: Among these tribes it is usual to swear by "putting a

bamboo on the head," or "touching a broad-sword, touching the feet of

a Brâhman, holding a cow's tail, touching Ganges water." But among

many of the other tribes described by Mr. Crooke, persons swear on the

heads of their children (_ibid._ i. 11, 130, 172; ii. 96, 138, 339,

357; iii. 40, 113, 251, 262; iv. 35), or with a son or grandson in the

arms (_ibid._ ii. 428), and in such cases the death of the child would

naturally be expected to follow perjury as a direct result of it.

Among the Kol, the usual form of an oath is, "May my children die if I

lie" (_ibid._ iii. 313).]

[Footnote 224: Marsden, _History of Sumatra_, p. 240.]

[Footnote 225: Mason, in _Jour. Asiatic Soc. Bengal_,

xxxvii. pt. ii. 137.]

[Footnote 226: Taylor, _Te Ika a Maui_, p. 208.]

Thus, from the conception that sins and curses are contagious it

follows that an innocent person may have to suffer for the sin of

another. His suffering does not necessarily relieve the sinner from

punishment; sin, like an infectious disease, may spread without

vacating the seat of infection. But, as we have seen, it may also be

transferred, and sin-transference involves vicarious suffering. At the

same time, this kind of vicarious suffering must not be confounded

with vicarious expiatory sacrifice. As a general rule, the scapegoat

is driven or cast away, not killed. The exceptions to this rule seem

to be due to two different causes. On the one hand, the scapegoat may

be chased to death, or perhaps be pushed over a precipice,[227] for

the sake of ridding the community as {62} effectively as possible of

the evils loaded on the victim. Thus the Bhotiyás of Juhár take a dog,

make him drunk, "and having fed him with sweetmeats, lead him round

the village and let him loose. They then chase and kill him with

sticks and stones, and believe that by so doing no disease or

misfortune will visit the village during the year."[228] On the other

hand, the transference of evil may be combined with a sacrifice. But

of such a combination only a few instances are recorded, and most of

them are ambiguous. Considering further that in these cases, or at

least in the best known of them, the act of transference takes place

_after_ the victim has been killed, it seems to me extremely probable

that we have here to do with a fusion of two distinct rites into one,

and that the victim is not offered up as a sacrifice in its capacity

of a scapegoat, but, once sacrificed, has been made use of as a

conductor for all the evils with which the people are beset.

[Footnote 227: According to the Mishna, the Hebrew scapegoat was not

allowed to go free in the wilderness, but was killed by being pushed

over a precipice (Robertson Smith, _Religion of the Semites_, p. 418).

See also the ambiguous passage in Servius, _In Virgilii Aeneidos_,

iii. 57.]

[Footnote 228: Atkinson, 'Notes on the History of Religion in the

Himálaya of the N.W. Provinces,' in _Jour. Asiatic Soc. Bengal_, liii.

pt. i. 62.]

In his list of scapegoats, Dr. Frazer refers to a case of human

sacrifice witnessed by the Rev. J. C. Taylor at Onitsha, on the

Niger.[229] A young woman was drawn, with her face to the earth, from

the king's house to the river. As the people drew her along, they

cried, "Wickedness! Wickedness!" so as to notify to the passers-by to

screen themselves from witnessing the dismal scene. The sacrifice was

to take away the iniquities of the land. The body was dragged along in

a merciless manner "as if the weight of all their wickedness were thus

carried away"; and it was finally drowned in the river. Our informant

also heard that there was a man killed, as a sacrifice for the sins of

the king. "Thus two human beings were offered as sacrifices, to

propitiate their heathen deities, thinking that they would thus atone

for the individual sins of those who had broken God's laws during the

past year. . . . Those who had fallen into gross sins during the past

year--such as incendiarisms, thefts, fornications, adulteries,

witchcrafts, incests, slanders, &c.--were expected to pay in

twenty-eight _ngugus_, or _£_2 0_s._ 7½_d._, as a fine; and this money

was taken into the interior, to purchase two sickly persons, to be

{63} offered as a sacrifice for all these abominable crimes--one for

the land, and one for the river."[230] As will be seen in a following

chapter, human sacrifices to rivers are very common in the Niger

country. In the cases mentioned by the English missionary, the idea of

vicarious expiation is obvious. But I find no evidence of actual

sin-transference.

[Footnote 229: Frazer, _op. cit._ iii. 109 _sq._]

[Footnote 230: Crowther and Taylor, _Gospel on the Banks of the

Niger_, p. 344 _sq._]

Dr. Frazer further mentions a custom which, according to Strabo,

prevailed among the Albanians of the Eastern Caucasus.[231] In the

temple of the Moon they kept a number of sacred slaves, of whom many

were inspired and prophesied. When one of these men exhibited more

than usual symptoms of inspiration or insanity, the high priest had

him bound with a sacred chain and maintained him in luxury for a year.

At the end of the year he was anointed with unguents and led forth to

be sacrificed. A man thrust a sacred spear into his side, piercing his

heart. From the manner in which the victim fell, omens were drawn as

to the welfare of the commonwealth. Then the body was carried to a

certain spot where all the people stood upon it as a purificatory

ceremony.[232] Dr. Frazer maintains that "the last circumstance

clearly indicates that the sins of the people were transferred to the

victim, just as the Jewish priest transferred the sins of the people

to the scapegoat by laying his hand on the animal's head."[233] So it

may be, although, in my opinion, the purificatory ceremony described

by Strabo also allows of another interpretation. The victim was

evidently held to be saturated with magic energy; this is commonly the

case with men, or animals, or even inanimate things, that are offered

in sacrifice, and in the present instance the man was regarded as holy

already, long before he was slain. To stand on the corpse, then, might

have been regarded as purifying in consequence of the benign virtue

inherent in it, just as, according to Muhammedan notions, contact with

a saint cures disease, not by transferring it to the saint, but by

annihilating it or expelling it from the body of the patient. But

whether the ceremony in question involved the idea of sin-transference

or not, there is no indication that the sacrifice of the slave was of

an expiatory character. The same may be said both of the Egyptian

sacrifice of a bull, mentioned by Herodotus, and of the white dog

sacrifice performed by the Iroquois. The Egyptians first invoked the

god and slew the bull. They then cut off his head and flayed the body.

Next {64} they took the head, and heaped imprecations on it, praying

that, if any evil was impending either over those who sacrificed or

over the land of Egypt, it might be made to fall upon that head. And

finally, they either sold the head to Greek traders or threw it into

the river[234]--which shows that the real scapegoat, the head, was not

regarded as a sacrifice to the god. Among the Iroquois, also, the

victims were slain before the sins of the people were transferred to

them. According to Hale's and Morgan's accounts of this rite, which

have reference to different tribes of the Iroquois, no mention of

sin-transference is made in the hymn which accompanied the

sacrifice.[235] Only blessings were invoked. This was the beginning of

the chant:--"Now we are about to offer this victim adorned for the

sacrifice, in hope that the act will be pleasing and acceptable to the

All-Ruler, and that he will so adorn his children, the red men, with

his blessings, when they appear before him."[236] Mr. Morgan even

denies that the burning of the dog had the slightest connection with

the sins of the people, and states that "in the religious system of

the Iroquois, there is no recognition of the doctrine of atonement for

sin, or of the absolution or forgiveness of sins."[237]

[Footnote 231: Frazer, _op. cit._ iii. 112 _sq._]

[Footnote 232: Strabo, xi. 4. 7.]

[Footnote 233: Frazer, _op. cit._ iii. 113.]

[Footnote 234: Herodotus, ii. 39.]

[Footnote 235: Hale, in _American Antiquarian_, vii. 10 _sqq._ Morgan,

_League of the Iroquois_, p. 217 _sq._]

[Footnote 236: Hale, _loc. cit._ p. 10.]

[Footnote 237: Morgan, _op. cit._ p. 216.]

I think we can see the reason why, in some cases, a sacrificial victim

is used as scapegoat. The transference of sins or evils is not looked

upon as a mere "natural" process, it can hardly be accomplished

without the aid of mysterious, magic energy. Among the Berbers of Ait

Zel[t.]n, in Southern Morocco, sick people used to visit a

miracle-working wild olive-tree, growing in the immediate vicinity of

the supposed grave of Sîdi Butlîla. They there relieve themselves of

their complaints by tying a woollen string to one of its branches; in

case of headache the patient previously winds the string three times

round the top of his head, whilst, in case of fever, he spits on the

string, and, when tying it to the tree, says, "I left my fever in

thee, O wild olive-tree." He believes that he may thus transfer his

disease to this tree because there is _baraka_, "benign virtue," in

it; he would not expect to be cured {65} by tying the string to any

ordinary tree. This illustrates a principle of probably world-wide

application. In Morocco, and, I presume, in other countries where

disease-transference is believed in, rags tied to a tree are a sure

indication that the tree is regarded as holy. Similarly I venture to

believe that the transference of sins and evils to a scapegoat is

generally supposed to require magic aid of some kind or other. Among

the Hebrews, it took place on the Day of Atonement only, and the act

was performed by the high-priest.[238] Among the Iroquois, it was by

"a kind of magic" that the sins of the people were worked into the

white dogs;[239] and that the animals themselves were held to be

charged with supernatural energy, appears from the fact that,

according to one account, the ashes of the pyre on which one of them

was burnt were "gathered up, carried through the village, and

sprinkled at the door of every house."[240] Considering, then, that

sacrificial victims, owing to their close contact with the deities to

whom they are offered, are held more or less sacred, the idea of

employing them as scapegoats is certainly near at hand. But this does

not make the sacrifice expiatory. In fact, I know of no instance of an

expiatory sacrifice being connected with a ceremony of sin-transference.

Hence the materialistic conception of sin hardly helps to explain the

belief that the sins of a person may be atoned by another person being

offered as a sacrifice to the offended god.

[Footnote 238: _Leviticus_, xvi. 21.]

[Footnote 239: Seaver, _op. cit._ p. 160.]

[Footnote 240: Beauchamp, _loc. cit._ p. 239.]

A sacrifice is expiatory if its object is to avert the supposed anger

or indignation of a superhuman being from those on whose behalf it is

offered. In various cases the offended god is thought to be appeased

only by the death of a man. But it is not always necessary that the

victim should be the actual offender. The death of a substitute may

expiate his guilt. The expiatory sacrifice may be vicarious.

We shall see, in a subsequent chapter, that, as a general {66} rule,

human victims are sacrificed for the purpose of saving the lives of

the sacrificers: before the beginning of a battle or during a siege,

previously to a dangerous sea-expedition, during epidemics, famines,

or on other similar occasions, when murderous designs are attributed

to some superhuman being on whose will the lives of men are supposed

to depend. But these sacrifices are not always expiatory in nature. A

god may desire to cause the death of men not only because he is

offended, but because he delights in human flesh, or because he wants

human attendants, or--no one knows exactly why. It is impossible to

find out in each particular case whether the sacrifice is meant to be

an expiation or not; it is not certain that the sacrificers know it

themselves. Yet in many instances there can be no doubt that its

object is to serve as a vicarious atonement.

In Eastern Central Africa, "if a freeman were to set fire to the

grass or reeds beside a lake, and cause a great conflagration close to

the chosen abode of the deity, he is liable to be offered up to the

god that is thus annoyed," but if he be the owner of many slaves he

can easily redeem himself by offering one of them in his place.[241]

The Ojibways, it is said, were once visited with an epidemic, which

they regarded as a divine punishment sent them on account of their

wickedness; and when all other efforts failed, "it was decided that

the most beautiful girl of the tribe should enter a canoe, push into

the channel just above the Sault, and throw away her paddle."[242] In

B[oe]otia, a drunken man having killed a priest of Dionysus Aegobolus,

and a pestilence having broken out immediately after, the calamity was

regarded as a judgment on the people for the sacrilege, and the oracle

of Delphi ordered them to expiate it by sacrificing to the god a

blooming boy.[243] In his work on the Jews, Philo of Byblus states

that "it was the custom among the ancients in cases of great dangers,

that the rulers of a city or a nation, in order to avert universal

destruction, should give the dearest of their children to be killed as

a ransom offered to avenging demons."[244] The idea that sins could be

expiated by the death of one who {67} had not deserved it, was

familiar to the Hebrews. It was said that "the death of the righteous

makes atonement."[245] The passage in Isaiah liii. 12 was interpreted

of Moses, who "poured out his soul unto death[246] and was numbered

with the transgressors (the generation that died in the wilderness)

and bare the sin of many "that he might atone for the sin of the

golden calf.[247] Ezekiel suffered "that he might wipe out the

transgressions of Israel."[248] And of the Maccabaean martyrs it is

said, "Having become as it were a vicarious expiation for the sins of

the nation, and through the blood of those godly men and their atoning

death, divine providence saved Israel which had before been evil

entreated."[249] In these cases, of course, there was no sacrifice in

the proper sense of the term, but they obviously illustrate the same

characteristic of the divine mind. In fact, the death of Christ, by

which he atoned and obliterated the sins of all ages, was conceived as

a sacrifice, or spoken of in sacrificial figures.[250]

[Footnote 241: Macdonald, _Africana_, i. 96 _sq._]

[Footnote 242: Dorman, _Origin of Primitive Superstitions_, p. 208.]

[Footnote 243: Pausanias, ix. 8. 2.]

[Footnote 244: Eusebius, _Praeparatio Evangelica_, i. 10. 40 (Migne,

_Patrologia_, Ser. Gr. xxi. 85).]

[Footnote 245: Moore, in Cheyne and Black, _Encyclopaedia Biblica_,

iv. 4226.]

[Footnote 246: _Exodus_, xxxii. 32.]

[Footnote 247: _S[=o][t.][=a]h_, 14 A, quoted by Moore, _loc. cit._

col. 4226.]

[Footnote 248: _Sanhedrin_, 39 A, quoted _ibid._ col. 4226.]

[Footnote 249: _4 Maccabaeans_, xvii. 22, quoted _ibid._ col. 4232.]

[Footnote 250: See Moore, _loc. cit._ col. 4229 _sqq._]

It is said that, according to early ideas, "it did not essentially

concern divine justice that the punishment of faults committed should

fall precisely on the guilty; what did concern it was that it should

fall on some one, that it should have its accomplishment."[251] Men,

we are told, could not fail to discern that a transgression produces

suffering as its consequence, and, seeing this, they "associate

suffering with the expiation of sin, and, in atoning for their

transgressions, they mark their contrition by the suffering which they

inflict vicariously on the victim. They argue thus: 'I have broken a

law of God. God exacts pain as a consequence of such a breach. I will

therefore slay this lamb, and its sufferings shall make the atonement

requisite.'"[252] But, so far as I can see, this interpretation of the

idea of vicarious expiation is not supported by facts. The victim

whose suffering or death is calculated to appease the wrathful god is

not anybody {68} at random, whosoever he may be. He is a

representative of the community which has incurred the anger of the

god, and is accepted as a substitute on the principle of social

solidarity. So, also, according to the Western Church, Christ

discharged the punishment due to the sins of mankind and propitiated

the justice of his Father, in his capacity of a man, as a

representative of the human race; whereas in the East, where it was

maintained that the _deity_ suffered (though he suffered through the

human nature which he had made his own), the idea of substitution

could hardly take root, since, as Harnack remarks, "the dying

_God_-man really represented no one."[253] The Greek Church regarded

the death of Christ as a ransom for mankind paid to the devil, and

this doctrine was also accepted by the most important of the Western

Fathers, although it flatly contradicted their own theory of

atonement.[254] There can be no doubt that expiatory sacrifices are

frequently offered as ransoms, in other words, that the god or demon

is supposed to be appeased, not by the suffering of the victim, but by

the gift. Among men it often occurs that the offended party is induced

by some material compensation to desist from avenging the injury--in

many societies such placability is even prescribed by custom,--and

something similar is naturally believed to be the case with gods. From

this point of view, of course, it is not necessary that the victim

should be a person who is connected with the offender by ties of

social solidarity, although he may still be regarded as in a way a

substitute. He may be an alien or a slave; or animals or inanimate

things may be offered to expiate the sins of men. Among the Dacotahs,

"for the expiation of sins or crimes a sacrifice is made of some kind

of an animal."[255] Of the Melanesian sacrifices, says Dr. Codrington,

"some are propitiatory, substituting an animal for the person who has

offended."[256] The Shánárs of Tinnevelly offer up a {69} goat, a

sheep, or a fowl, in order "to appease the angry demon, and induce him

to remove the evil he has inflicted, or abstain from the infliction he

may meditate."[257] It would be almost absurd to suppose that in

similar cases the suffering or death of the animal is looked upon in

the light of a vicarious _punishment_. Of the Hebrew sin-offering,

Professor Kuenen aptly remarks:--[258]"According to the Israelite's

notion, Yahveh in his clemency permits the soul of the animal

sacrificed to take the place of that of the sacrificer. No transfer of

guilt to the animal sacrificed takes place: the blood of the latter is

clean and remains so, as is evident from the very fact that this blood

is put upon the altar; it is a token of mercy on Yahveh's part that he

accepts it. . . . Nor can it be asserted that the animal sacrificed

undergoes the punishment in the place of the transgressor: this is

said nowhere, and therefore, in any case, gives another, more sharply

defined idea than that which the Israelite must have formed for

himself; moreover, it is irreconcilable with the rule that the

indigent may bring the tenth part of an ephah of fine flour as a

sin-offering."[259] It should also be noticed that a purifying effect

was ascribed to contact with the victim's blood: the high priest

should put or sprinkle some blood upon the altar "and cleanse it, and

hallow it from the uncleanness of the children of Israel."[260]

[Footnote 251: Réville, _Prolegomena of the History of Religions_,

p. 135.]

[Footnote 252: Baring-Gould, _Origin and Development of Religious

Belief_, i. 387 _sq._]

[Footnote 253: Harnack, _op. cit._ iii. 312 _sqq._]

[Footnote 254: _Ibid._ iii. 307, 315 n. 2.]

[Footnote 255: Schoolcraft, _Indian Tribes of the United States_,

ii. 196.]

[Footnote 256: Codrington, _Melanesians_, p. 127.]

[Footnote 257: Percival, _Land of the Veda_, p. 309 _sq._ _Cf._

Caldwell, _Tinnevelly Shánárs_, p. 37.]

[Footnote 258: Kuenen, _Religion of Israel_, ii. 266 _sq._]

[Footnote 259: _Leviticus_, v. 11 _sqq._]

[Footnote 260: _Ibid._ xvi. 18 _sq._]

To sum up:--The fact that punishments for offences are frequently

inflicted, or are supposed to be inflicted, by men or gods upon

individuals who have not committed those offences, is explicable from

circumstances which in no way clash with our thesis that moral

indignation is, in its essence, directed towards the assumed cause of

inflicted pain. In many cases the victim, in accordance with the

doctrine of collective responsibility, is punished because he is

considered to be involved in the guilt--even when he is really

innocent--or because he is regarded as a fair {70} representative of

an offending community. In other cases, he is supposed to be polluted

by a sin or a curse, owing to the contagious nature of sins and

curses. The principle of social solidarity also accounts for the

efficacy ascribed to vicarious expiatory sacrifices; but in many

instances expiatory sacrifices only have the character of a ransom or

bribe.

And whilst thus our thesis as to the true direction of moral

indignation is not in the least invalidated by facts, apparently, but

only apparently, contradictory, it is, on the other hand, strongly

supported by the protest which the moral consciousness, when

sufficiently guided by discrimination and sympathy, enters against the

infliction of penal suffering upon the guiltless. Such a protest is

heard from various quarters, both with reference to human justice and

with reference to the resentment of gods.

Confucius taught that the vices of a father should not discredit a

virtuous son.[261] Plato lays down the rule that "the disgrace and

punishment of the father is not to be visited on the children"; on the

contrary, he says, if the children of a criminal who has been punished

capitally avoid the wrongs of their father, they shall have glory, and

honourable mention shall be made of them, "as having nobly and

manfully escaped out of evil into good."[262] According to Roman law,

"crimen vel poena paterna nullam maculam filio infligere potest."[263]

"Nothing," says Seneca, "is more unjust than that any one should

inherit the quarrels of his father."[264] The Deuteronomist enjoins,

"The fathers shall not be put to death for the children, neither shall

the children be put to death for the fathers: every man shall be put

to death for his own {71} sin."[265] Lawgivers have been anxious to

restrict the blood-feud to the actual culprit. The Koran forbids the

avenger of blood to kill any other person than the manslayer

himself.[266] In England, according to a law of Edmund, the feud was

not to be prosecuted against the kindred of the slayer, unless they

made his misdeed their own by harbouring him.[267] So, also, in

Sweden, in the thirteenth century, the blood feud was limited by law

to the guilty individual;[268] and we meet with a similar restriction

in Slavonic law-books.[269]

[Footnote 261: _Lun Yü_, vi. 4. _Cf._ _Thâi-Shang_ 4.]

[Footnote 262: Plato, _Leges_, ix. 854 _sqq._ Plato makes an exception

for those whose fathers, grandfathers, and great-grandfathers have

successively undergone the penalty of death: "Such persons the city

shall send away with all their possessions to the city and country of

their ancestors, retaining only and wholly their appointed lot"

(_ibid._ ix. 856). But this enactment had no doubt a purely

utilitarian foundation, the offspring of a thoroughly wicked family

being considered a danger to the city.]

[Footnote 263: _Digesta_, xlviii. 19. 26. _Cf._ _ibid._ xlviii. 19. 20.]

[Footnote 264: Seneca, _De ira_, ii. 34. _Cf._ Cicero, _De officiis_,

i. 25.]

[Footnote 265: _Deuteronomy_, xxiv. 16. _Cf._ _2 Kings_ xiv. 6.]

[Footnote 266: _Koran_, xvii. 35.]

[Footnote 267: _Laws of Edmund_, ii. 1.]

[Footnote 268: Nordström, _Bidrag till den svenska

samhälls-författningens historia_, ii. 103, 334, 335, 399. Wilda,

_op. cit._ p. 174.]

[Footnote 269: Kovalewsky, _Coutume contemporaine_, p. 248. In

Montenegro it was enjoined by Daniel I. (Post, _Anfänge des Staats- und

Rechtsleben_, p. 181).]

Passing to the vengeance of gods: according to the Atharva-Veda, Agni,

who forgives sin committed through folly and averts Varuna's wrath,

also frees from the consequence of a sin committed by a man's father

or mother.[270] Theognis asks, "How, O king of immortals, is it just

that whoso is aloof from unrighteous deeds, holding no transgression,

nor sinful oath, but being righteous, should suffer what is not

just?"[271] According to Bion, the deity, in punishing the children of

the wicked for their fathers' crimes, is more ridiculous than a doctor

administering a potion to a son or grandson for a father's or

grandfather's disease.[272] The early Greek notion of an inherited

curse was modified into the belief that the curse works through

generations because the descendants each commit new acts of

guilt.[273] The persons who prohibited the sons of such as had been

proscribed by Sylla, from standing candidates for their fathers'

honours, and from being admitted into the senate, were supposed to

have been punished by the gods for this injustice:--"In process of

time," says Dionysius of Halicarnassus, "a blameless punishment, the

avenger of their crimes, pursued {72} them, by which they themselves

were brought down from the greatest height of glory, to the lowest

degree of obscurity; and none, even, of their race are now left, but

women."[274] Among the Hebrews, Jeremiah and Ezekiel broke with the

old notion of divine vengeance. The law of individual responsibility,

which had already previously been laid down as a principle of human

justice, was to be extended to the sphere of religion.[275] "Every one

shall die for his own iniquity: every man that eateth the sour grape,

his teeth shall be set on edge."[276] "The soul that sinneth, it shall

die. The son shall not bear the iniquity of the father, neither shall

the father bear the iniquity of the son: the righteousness of the

righteous shall be upon him, and the wickedness of the wicked shall be

upon him."[277]

[Footnote 270: _Atharva-Veda_, v. 30. 4. _Cf._ Macdonell, _Vedic

Mythology_, p. 98.]

[Footnote 271: Theognis, 743 _sqq._]

[Footnote 272: Plutarch, _De sera numinis vindicta_ 19. _Cf._ _ibid._

12; Cicero, _De natura Deorum_, iii. 38.]

[Footnote 273: Farnell, _op. cit._ i. 77. Maine, _Ancient Law_, p. 127.]

[Footnote 274: Dionysius of Halicarnassus, _op. cit._ viii. 80.]

[Footnote 275: _Cf._ Montefiore, _op. cit._ p. 220; Kuenen, _op. cit._

ii. 35 _sq._]

[Footnote 276: _Jeremiah_, xxxi. 30.]

[Footnote 277: _Ezekiel_, xviii. 20. For Talmudic views, see Deutsch,

_Literary Remains_, p. 52.]

The origin and development of the moral ideas · 第 3 / 67 章