CHAPTER XVII

THE KILLING OF PARENTS, SICK PERSONS, CHILDREN--FETICIDE

WE have found that among mankind at large there is a moral rule which

forbids people to kill members of their own society. We shall now see

that the stringency of this rule is subject to variations, depending

on the special relationship in which persons stand to one another or

on their social _status_, and that there are cases to which it does

not apply at all.

Owing to the regard which children are expected to feel for their

parents, parricide is considered the most aggravated form of murder.

Nowhere have parents been more venerated by their children than among

the nations of archaic culture, and nowhere has parricide been

regarded with greater horror. In China it is punished with the most

ignominious of all capital punishments, the so-called "cutting into

small pieces"; and in some instances, when the crime has occurred in a

district, in addition to all punishments inflicted on persons, the

wall of the city where the deed was committed is pulled down in parts,

or modified in shape, a round corner is substituted for a square one,

or a gate removed to a new situation, or even closed up altogether.[1]

In Corea the parricide is burned to death.[2] {384} Among the ancient

Egyptians, we are told, he was sentenced to be lacerated with

sharpened reeds, and after being thrown on thorns he was burned.[3] In

Exodus we read of the "smiting" of parents, but parricide is not

expressly mentioned, perhaps because the Hebrew legislator, like Solon

at Athens,[4] did not think it possible that any one could be guilty

of so unnatural a barbarity.[5] Herodotus states that the same notion

was held by the ancient Persians, who said that no one ever yet killed

his own father or mother, and that all cases of so-called parricide if

carefully examined, would be found to have been committed by

supposititious children or those born in adultery, it being beyond the

bounds of probability that a true father should be murdered by his own

son.[6] Plato says in his 'Laws':--"If a man could be slain more than

once, most justly would he who in a fit of passion has slain father or

mother undergo many deaths. How can he whom, alone of all men, even in

defence of his life, and when about to suffer death at the hands of

his parents, no law will allow to kill his father or his mother who

are the authors of his being, and whom the legislator will command to

endure any extremity rather than do this--how can he, I say, lawfully

receive any other punishment?"[7] At Athens parricides were the only

persons accused of murder who were not allowed the chance of escaping

before sentence was passed, but were instantly arrested.[8] According

to Roman Law, a committer of _parricidium_ was not subjected to any of

the regular modes of capital punishment, but for "the most execrable

of crimes" was provided "the most strange of punishments." The

criminal was sewn up in a leathern sack with a cur, a cock, a viper,

and an ape, and, when cooped up in this fearful prison, was hurled

into the sea, or into {385} some neighbouring river.[9] But by the

term _parricidium_ was not understood the murder of a parent only.

According to the 'Lex Pompeia de parricidiis,' it included the murder

of any of the following persons: an ascendant or descendant in any

degree,[10] a brother or sister, an uncle or aunt, a cousin, a husband

or wife, a bridegroom or bride, a father- or mother-in-law, a son- or

daughter-in-law, a step-parent or step-child, a patron; and Mommsen

suggests that in earlier times it had a still wider significance,

being applied to intentional homicide in general.[11] But whilst the

punishment just referred to was in other cases of _parricidium_

replaced by banishment, it was, during the Empire at least, actually

inflicted upon him who murdered an ascendant.[12]

[Footnote 1: Doolittle, _Social Life of the Chinese_, i. 338 _sq._

Smith, _Chinese Characteristics_, p. 229.]

[Footnote 2: Griffis, _Corea_, p. 236.]

[Footnote 3: Diodorus Siculus, _Bibliotheca historica_, i. 77. 8.]

[Footnote 4: Diogenes Laërtius, _Solon_, 10. Cicero, _Pro S. Roscio

Amerino_, 25. Orosius, _Historiæ_, v. 16.]

[Footnote 5: _Exodus_, xxi. 15. _Cf._ Keil, _Manual of Biblical

Archæology_, ii. 376.]

[Footnote 6: Herodotus, i. 137.]

[Footnote 7: Plato, _Leges_, ix. 869. _Cf._ _ibid._ ix. 873.]

[Footnote 8: Müller, _Dissertations on the Eumenides of Æschylus_, p.

91. _Cf._ Euripides, _Orestes_, 442 _sqq._]

[Footnote 9: _Institutiones_, iv. 18. 6.]

[Footnote 10: Unless the descendant was in the _potestas_ of him who

committed the deed.]

[Footnote 11: Mommsen, _Römisches Strafrecht_, pp. 644, 645, 612 _sq._]

[Footnote 12: _Ibid._ p. 645 _sq._]

Whilst Christianity generally increased the sanctity of human life, it

could add nothing to the horror with which parricide was regarded by

the ancients. The Church punished it more severely than ordinary

murder,[13] and so did, at least in Latin countries, the secular

authorities.[14] In France, even to this day, a person convicted of

parricide is "conduit sur le lieu de l'exécution en chemise, nu-pieds,

et la tête couverte d'un voile noir";[15] and whilst _meurtre_ is

excusable if provoked by grave personal violence or by an attempt to

break into a dwelling-house by day, parricide is never excusable under

any circumstances.[16]

[Footnote 13: Gregory III., _Judicia congrua p[oe]nitentibus_, ch. 3

(Labbe-Mansi, _Conciliorum collectio_, xii. 289). _P[oe]nitentiale

Bigotianum_, iv. 1 (Wasserschleben, _Bussordnungen der abendländischen

Kirche_, p. 453). _P[oe]nitent. Pseudo-Theodori_, xxi. 18 (_ibid._

p. 588).]

[Footnote 14: Chauveau and Hélie, _Théorie du Code Pénal_, iii. 394

(France). Salvioli, _Manuale di storia del diritto italiano_, p. 570.

In Scotland, also, parricide formerly had a place in the list of

aggravated murders (Hume, _Commentaries on the Law of Scotland_, i.

459 _sq._; for a sentence passed in 1688, see Pitcairn, _Criminal

Trials in Scotland_, iii. 198); though nowadays it is penalised in the

same way as other forms of murder (Erskine, _Principles of the Law of

Scotland_, p. 559). There never was any special punishment for

parricide in English law (Blackstone, _Commentaries on the Laws of

England_, iv. 202. Stephen, _History of the Criminal Law of England_,

iii. 95).]

[Footnote 15: _Code Pénal_, art. 13.]

[Footnote 16: _Ibid._ art. 321 _sqq._]

{386} As regards the feelings with which ordinary parricide is looked

upon by uncivilised peoples, direct information is almost entirely

wanting. It is rarely mentioned at all, no doubt because it is very

unusual.[17] Among the Kafirs of Natal, though murder is generally

punished by a fine, death is inflicted on him who kills a parent.[18]

Among the Ossetes a parricide draws upon himself a fearful punishment:

he is shut up in his house with all his possessions, surrounded by the

populace and burned alive.[19] To judge from the respect which, among

the majority of uncivilised peoples, children are considered to owe to

their parents, it seems very probable that the murder of a father or a

mother is generally condemned by them as a particularly detestable

form of homicide. But to this rule there is an important exception.

According to a custom prevalent among various savages or barbarians, a

parent who is worn out with age or disease is abandoned or killed.

[Footnote 17: Among the Omahas there have been a few cases of

parricide caused by drunkenness (Dorsey, 'Omaha Sociology,' in _Ann.

Rep. Bur. Ethn._ iii. 369). A Chukchi killed his father for charging

him with cowardice and awkwardness (Sarytschew, 'Voyage of Discovery,'

in _Collection of Modern and Contemporary Voyages_, vi. 51). In Lánda

"it is no uncommon thing for a son to murder his father in order to

step into his shoes" (_Emin Pasha in Central Africa_, p. 230). See

also Wilson and Felkin, _Uganda_, i. 224.]

[Footnote 18: Shooter, _Kafirs of Natal_, p. 103.]

[Footnote 19: von Haxthausen, _Transcaucasia_, p. 415.]

Hearne states that, among the Northern Indians, one half at least of

the aged persons of both sexes, when no longer capable of walking, are

left alone to starve and perish of want.[20] Among the Californian

Gallinomero, when the father can no longer feebly creep to the forest

to gather his back-load of fuel or a basket of acorns, and is only a

burden to his sons, "the poor old wretch is not infrequently thrown

down on his back and securely held while a stick is placed across his

throat, and two of them seat themselves on the ends of it until he

ceases to breathe."[21] The custom of killing or abandoning old

parents has been noticed among several other North {387} American

tribes,[22] the natives of Brazil,[23] various South Sea

Islanders,[24] a few Australian tribes,[25] and some peoples in

Africa[26] and Asia.[27] According to ancient writers, it occurred

formerly among many Asiatic[28] and European nations, including the

Vedic people[29] and peoples of Teutonic extraction.[30] As late as

the fifth or sixth century it was the custom among the Heruli for

relatives to kindle a funeral pile for their old folks, although a

stranger was employed to give the death wound.[31] And there is an old

English tradition of "the Holy Mawle, which they fancy hung behind the

church door, which when the father was seaventie, the sonne might

fetch to knock his father in the head, as effete and of no more

use."[32]

[Footnote 20: Hearne, _Journey to the Northern Ocean_, p. 346.]

[Footnote 21: Powers, _Tribes of California_, p. 178.]

[Footnote 22: Nansen, _First Crossing of Greenland_, ii. 331 (natives

on the east coast of Greenland). Seemann, _Voyage of "Herald,"_ ii. 66

(Eastern Eskimo). Catlin, _North American Indians_, i. 217. Lafitau,

_M[oe]urs des sauvages ameriquains_, i. 488 _sq._ Domenech, _Seven

Years' Residence in the Great Deserts of North America_, ii. 325

(north-western tribes). Lewis and Clarke, _Travels to the Source of

the Missouri River_, p. 442 (Dacotahs, Assiniboins, the hunting tribes

on the Missouri).]

[Footnote 23: von Martius, _Beiträge zur Ethnographie Amerika's_, i.

126, 127, 393. von Eschwege, _Brasilien_, i. 231 _sq._ (Uerequenás).

Among the Fuegians the practice in question seems to occur only

accidentally (Bridges, in _A Voice for South America_, xiii. 206).]

[Footnote 24: Codrington, _Melanesians_, p. 347. Romilly, _Western

Pacific_, p. 70 (Solomon Islanders). Brainne, _Nouvelle-Calédonie_, p.

255. Turner, _Samoa_, p. 335 _sq._ (Efatese). Seemann, _Viti_, p. 192

_sq._ Williams and Calvert, _Fiji_, pp. 116, 157 _sq._ Angas,

_Polynesia_, p. 342 (natives of Kunaie).]

[Footnote 25: Eyre, _Central Australia_, ii. 382. Dawson, _Australian

Aborigines_, p. 62 (tribes in Western Victoria).]

[Footnote 26: Arnot, _Garenganze_, p. 78 n. Andersson, _Lake Ngami_,

p. 197 _sq._ (Damaras). Kolben, _Present Stale of the Cape of Good

Hope_, i. 322, 334; Hahn, _The Supreme Being of the Khoi-Khoi_, p. 86

(Hottentots). Lepsius, _Letters from Egypt_, p. 202 _sq._ (Negro

tribes to the south of Kordofan). Post, _Afrikanische Jurisprudenz_,

i. 298 _sq._ Sartori, 'Die Sitte der Alten- und Krankentötung,' in

_Globus_, lxvii. 108.]

[Footnote 27: Hooper, _Ten Months among the Tents of the Tuski_, p.

188 _sq._; Dall, _Alaska_, p. 383 _sqq._ (Chukchi). Rockhill, _Land of

the Lamas_, p. 81 (Kokonor Tibetans).]

[Footnote 28: Herodotus, i. 216 (Massagetae). Strabo, xi. 8. 6

(Massagetae); xi. 11. 3 (Bactrians); xi. 11. 8 (Caspians).]

[Footnote 29: Zimmer, _Altindisches Leben_, p. 328.]

[Footnote 30: Grimm, _Deutsche Rechtsalterthümer_, p. 486 _sqq._]

[Footnote 31: Procopius, _De bello gothico_, ii. 14. _Cf._ Grimm,

_Kleinere Schriften_, ii. 241.]

[Footnote 32: Thoms, _Anecdotes and Traditions_, p. 84.]

However cruel this custom may appear to be, something is certainly to

be said in its favour. It is particularly common among nomadic hunting

tribes, owing to the hardships of life and the inability of decrepit

persons to keep up in the march. Mr. Morgan observes that, whilst

{388} "among the roving tribes of the wilderness the old and helpless

were frequently abandoned and, in some cases, hurried out of existence

as an act of greater kindness than desertion," this practice was

unknown among the Iroquois, who "resided in permanent villages, which

afforded a refuge for the aged."[33] With reference to certain tribes

of Western Victoria, Mr. Dawson remarks that the old people are a

burden to the tribe, and, should any sudden attack be made by an

enemy, the most liable to be captured, in which case they would

probably be tortured and put to a lingering death.[34] Moreover, in

times when the food-supply is insufficient to support all the members

of a community, it is more reasonable that the old and useless should

have to perish than the young and vigorous. Hahn was told that, among

the Hottentots, aged parents were sometimes abandoned by very poor

people who had not food enough to support them.[35] And among peoples

who have reached a certain degree of wealth and comfort, the practice

of killing the old folks, though no longer justified by necessity, may

still go on, partly through survival of a custom inherited from harder

times, partly from the humane intent of putting an end to lingering

misery.[36] What appears to most of us as an atrocious practice may

really be an act of kindness, and is commonly approved of, or even

insisted upon, by the old people themselves. Speaking of the ancient

Hottentot custom of famishing super-annuated parents in order to cause

their death, Kolben remarks:--"If you represent to the Hottentots, as

I have done very often, the inhumanity of this custom, they are

astonished at the representation, as proceeding, in their opinion,

from an inhumanity of your own. The custom, in their way of thinking,

is supported by very pious and very filial considerations. 'Is it not

a cruelty.' they ask you, 'to suffer either man or woman to languish

any considerable {389} time under a heavy, motionless old age? Can you

see a parent or a relative shaking and freezing under a cold, dreary,

heavy, useless old age, and not think, in pity to them, of putting an

end to their misery by putting, which is the only means, an end to

their days?'"[37] When Mr. Hooper, hearing of an old Chukchi woman who

was stabbed by her son, made some remarks on the frightful nature of

the act, his native companions answered him:--"Why should not the old

woman die? Aged and feeble, weary of life, and a burden to herself and

others, she no longer desired to cumber the earth, and claimed of him

who owned nearest relationship the friendly stroke which should let

out her scanty remnant of existence."[38] Catlin tells us that, among

the North American tribes who roamed about the prairies, the infirm

old people themselves uniformly insisted upon being left behind,

saying, "that they are old and of no further use--that they left their

fathers in the same manner--that they wish to die, and their children

must not mourn for them."[39] In Melanesia, says Dr. Codrington, when

sick and aged people were buried alive, it is certain that "there was

generally a kindness intended"; they used themselves to beg their

friends to put them out of their misery, and it was even considered a

disgrace to the family of an aged chief if he was not buried

alive.[40] In Fiji, also, it was regarded as a sign of filial

affection to put an aged parent to death. In his description of the

Fijians Dr. Seemann observes, "In a country where food is abundant,

clothing scarcely required, and property as a general rule in the

possession of the whole family rather than that of its head, children

need not wait for 'dead men's shoes' in order to become well off, and

we may, therefore, quite believe them when declaring that it is with

aching heart and at the repeated entreaties of their parents that they

are induced to commit {390} what we justly consider a crime."[41] The

ceremony is not without a touch of tragic grandeur:--"The son will

kiss and weep over his aged father as he prepares him for the grave,

and will exchange loving farewells with him as he heaps the earth

lightly over him."[42] One reason why the old Fijian so eagerly

desired to escape extreme infirmity was perhaps "the contempt which

attaches to physical weakness among a nation of warriors, and the

wrongs and insults which await those who are no longer able to protect

themselves"; but another, and as it seems more potent, motive was the

belief that persons enter upon the delights of the future life with

the same faculties, mental and physical, as they possess at the hour

of death, and that the spiritual life thus commences where the

corporeal existence terminates. "With these views," "says Dr. Hale,

"it is natural that they should desire to pass through this change

before their mental and bodily powers are so enfeebled by age as to

deprive them of their capacity for enjoyment."[43] Finally, we have to

observe that in many cases the old people are not only killed, but

eaten, by the nearest relatives, and that the motive, or at least, the

sole motive, for this procedure is not hunger or desire for human

flesh.[44] It is described as "an act of kindness" or as a "pious

ceremony," as a method of preventing the body from being eaten up by

worms or injured by enemies.[45] Considering that many cannibals have

an aversion to the bodies of men who have died a natural death, it is

not unreasonable to suppose that, in some instances, the old person is

killed for the purpose of being eaten, and that this is done with a

view to benefiting him.[46] But, on the other hand, the "pious

ceremony," like so many other funeral customs which are supposed to

comfort the dead, may be the survival of a practice which was

originally intended to promote the selfish interests of the living.

[Footnote 33: Morgan, _League of the Iroqnois_, p. 171.]

[Footnote 34: Dawson, _op. cit._ p. 62.]

[Footnote 35: Hahn, _op. cit._ p. 86.]

[Footnote 36: Tylor, 'Primitive Society,' in _Contemporary Review_,

xxi. 705. _Idem_, _Anthropology_, p. 410 _sq._]

[Footnote 37: Kolben, _op. cit._ i. 322.]

[Footnote 38: Hooper, _op. cit._ p. 188 _sq._ _Cf._ Sarytschew, _loc.

cit._ vi. 50; Dall, _op. cit._ p. 385; von Wrangell, _Expedition to

the Polar Sea_, p. 122.]

[Footnote 39: Catlin, _North American Indians_, i. 217.]

[Footnote 40: Codrington, _op. cit._ p. 347. Turner, _Samoa_, p. 335

_sq._ (Efatese).]

[Footnote 41: Seemann, _Viti_, p. 193.]

[Footnote 42: Fison and Howitt, _Kamilaroi and Kurnai_, p. 175.]

[Footnote 43: Hale, _op. cit._ p. 65. Williams and Calvert, _op. cit._

p. 156. See also Erskine, _Islands of the Western Pacific_, p. 248.]

[Footnote 44: For instances, see Steinmetz, _Endokannibalismus_,

_passim_.]

[Footnote 45: _Ibid._ pp. 3, 5, 17.]

[Footnote 46: _Cf._ Herodotus' statement regarding the Massagetae,

i. 216.]

{391} Closely connected with the custom of doing away with decrepit

parents is the habit, prevalent among certain peoples, of abandoning

or killing persons suffering from some illness.

"The white man," Mr. Ward observes, "can never, as long as he may

live in Africa, conquer his repugnance to the callous indifference to

suffering that he meets with everywhere in Arab and Negro. The dying

are left by the wayside to die. The weak drop on the caravan road, and

the caravan passes on."[47] Among the Kafirs instances are not rare in

which the dying are carried to the bush and left to perish, and among

some of them epileptics are cast over a precipice, or tied to a tree

to be devoured by hyenas.[48] The Hottentots abandon patients

suffering from small-pox.[49] The southern Tanàla in Madagascar take a

person who becomes insensible during an illness, to the spot in the

forest where they throw their dead, and should the unfortunate

creature so cast away revive and return to the village, they stone him

outright to death.[50] In New Caledonia "il est rare qu'un malade rend

naturellement le dernier soupir: quand il n'a plus sa connaissance,

souvent même avant son agonie, on lui ferme la bouche et les narines

pour l'étouffer, ou bien on le tiraille de tous côtés par les jambes

et par les bras."[51] In Kandavu, of the Fiji Group, sick persons were

often thrown into a cave, where the dead also were deposited.[52] In

Efate, if a person in sickness showed signs of delirium, his grave was

dug, and he was buried forthwith, to prevent the disease from

spreading to other members of the family.[53] The Alfura "kill their

sick when they have no hope of their recovery."[54] Dobrizhoffer says

of the Patagonians, "Actuated by an irrational kind of pity, they bury

the dying before they expire."[55] In cases of cholera or small-pox

epidemics, North American Indians have been known to desert their

villages, leaving all their sick behind, of whatever age or sex.[56]

According to Dr. Nansen, it is not inconsistent with the moral code of

the Greenlanders "to hasten the death of those {392} who are sick and

in great suffering, or of those in delirium, of which they have a

great horror."[57] Lieutenant Holm states that, in Eastern Greenland,

when an individual is seriously ill, he consents, if his relatives

request it, to end his sufferings by throwing himself into the sea;

whereas it is rare that a sick person is put to death, except in cases

of disordered intellect.[58] At Igloolik "a sick woman is frequently

built or blocked up in a snow-hut, and not a soul goes near to look in

and ascertain whether she be alive or dead."[59]

[Footnote 47: Ward, _Five Years with the Congo Cannibals_, p. 262.]

[Footnote 48: Shooter, _Kafirs of Natal_, p. 238 _sq._ Kidd, _The

Essential Kafir_, p. 247.]

[Footnote 49: Le Vaillant, _Travels into the Interior Parts of

Africa_, ii. 112.]

[Footnote 50: Sibree, _The Great African Island_, p. 291.]

[Footnote 51: Brainne, _op. cit._ p. 255.]

[Footnote 52: Williams and Calvert, _op. cit._ p. 159.]

[Footnote 53: Turner, _Samoa_, p. 336.]

[Footnote 54: Pfeiffer, _A Lady's Second Journey round the World_, i. 387.]

[Footnote 55: Dobrizhoffer, _Account of the Abipones_, ii. 262.]

[Footnote 56: Domenech, _op. cit._ ii. 326.]

[Footnote 57: Nansen, _Eskimo Life_, p. 163.]

[Footnote 58: 'East Greenland Eskimo,' in _Science_, vii. 172.]

[Footnote 59: Lyon, _Private Journal_, p. 357. For other instances,

see Sartori, in _Globus_, lxvii. nr. 7 _sq._; von Martius, _op. cit._

i. 126, 127, 393 (Brazilian tribes); Steller, _Beschreibung von dem

Lande Kamtschatka_, p. 354; Dawson, _op. cit._ p. 61, quoted _supra_,

p. 271.]

These and similar facts are largely explained by the pitiful condition

of the invalid, the hardships of a wandering life, and the

superstitious notions of ignorant men. In some cases the practice of

killing a dying person seems to be connected with a belief that the

death-blow will save his soul.[60] In 1812, a leper was burnt alive at

Katwa, near Calcutta, by his mother and sister, who believed that by

their doing so he would gain a pure body in the next birth.[61] By

carrying the patient away before he dies, the survivors escape the

supposed danger of touching a corpse.[62] In the poorer provinces of

the kingdom of Kandy, when a sick person was despaired of, the fear of

becoming defiled, or of being obliged to change their habitation,

frequently induced those about him to take him into a wood, in spite

of his cries and groans, and to leave him there, perhaps in the

agonies of death.[63] But the most common motive for abandoning or

destroying sick people seems to be fear of infection or of demoniacal

possession, which is regarded as the cause of various diseases.[64]

Among the North American Indians, we are told, "the custom of

abandoning the infirm or sick arose {393} from a superstitious fear of

the evil spirits which were supposed to have taken possession of

them."[65] In Tahiti, says Ellis, "every disease was supposed to be

the effect of direct supernatural agency, and to be inflicted by the

gods for some crime against the tabu, of which the sufferers had been

guilty, or in consequence of some offering made by an enemy to procure

their destruction. Hence, it is probable, in a great measure, resulted

their neglect and cruel treatment of their sick."[66]

[Footnote 60: Sartori, _loc. cit._ p. 127.]

[Footnote 61: Crooke, _Popular Religion and Folk-Lore of Northern

India_, ii. 169.]

[Footnote 62: Shooter, _op. cit._ 239 (Kafirs of Natal). Kidd, _The

Essential Kafir_, p. 247.]

[Footnote 63: Joinville, 'Religion and Manners of the People of

Ceylon,' in _Asiatick Researches_, vii. 437 _sq._]

[Footnote 64: See Sartori, _loc. cit._ p. 110 _sq._; Lippert,

_Kulturgeschichte der Menschheit_, i. 110; ii. 411.]

[Footnote 65: Dorman, _Origin of Primitive Superstitions_, p. 392.]

[Footnote 66: Ellis, _Polynesian Researches_, i. 395.]

* * * * *

Whilst the regard which children owe their parents makes parricide an

aggravated form of murder, the paternal power sometimes implies that,

under certain circumstances, the father is allowed to kill even his

grown-up child. Though the Chinese Penal Code provides a slight

punishment for parents who punish disobedient children with death,[67]

the crime is practically ignored by the authorities.[68] Among the

Hebrews, in early times, a father might punish his incontinent

daughter with death.[69] The Roman house-father had _jus vitæ

necisque_--the power of life and death--over his children. However,

this power did not imply that he could kill them without a just

cause;[70] already in pagan times a father who killed his son

"latronis magis quam patris jure," was punished as a murderer.[71] As

Dean Milman observes, long before Christianity entered into Roman

legislation, "the life of a child was as sacred as that of the parent;

and Constantine, when he branded the murder of a son with the {394}

name of parricide, hardly advanced upon the dominant feeling.[72] Nor

is there any reason to suppose that, among savages, the father

possesses an absolute right of life and death over his children. On

the contrary, among many of the lower races the existence of such a

right is expressly denied.[73]

[Footnote 67: _Ta Tsing Leu Lee_, sec. cccxix. p. 347:--"If a father,

mother, paternal grandfather or grandmother, chastises a disobedient

child or grandchild in a severe and uncustomary manner, so that he or

she dies, the party so offending shall be punished with 100

blows.--When any of the aforesaid relations are guilty of killing such

disobedient child or grandchild designedly, the punishment shall be

extended to 60 blows and one year's banishment."]

[Footnote 68: Douglas, _Society in China_, p. 78 _sq._]

[Footnote 69: _Genesis_, xxxviii. 24.]

[Footnote 70: Mittermaier, 'Beyträge zur Lehre vom Verbrechen des

Kindesmordes,' in _Neues Archiv des Criminalrechts_, vii. 4. Walter,

_Geschichte des Römischen Rechts_, § 537, vol. ii. 147. von Jhering,

_Geist des römischen Rechts_, ii. 220. Mommsen, _Römisches

Strafrecht_, p. 619.]

[Footnote 71: _Digesta_, xlviii. 9. 5. Orosius, _Historiæ_, v. 16.

Mommsen, _Römisches Strafrecht_, p. 618.]

[Footnote 72: Milman, _History of Latin Christianity_, ii. 25.]

[Footnote 73: Lang, in Steinmetz, _Rechtsverhältnisse von eingeborenen

Völkern in Afrika und Ozeanien_, p. 224 (Washambala). Desoignies,

_ibid._ p. 271 (Msalala). Marx, _ibid._ p. 349 (Amahlubi). Kohler,

'Recht der Hottentotten,' in _Zeitschr. f. vergl. Rechtswiss._ xv.

347. Post, _Afrikanische Jurisprudenz_, i. 52 _sq._]

But whilst a father only in rare cases, and then merely as a measure

of justice, is allowed to put to death his grown-up child, he very

frequently has the right of destroying a new-born infant. Nay, in many

instances infanticide is not only permitted, but enjoined by custom.

Among a great number of uncivilised peoples it is usual to kill an

infant if it is a bastard,[74] or if its mother dies,[75] or if it is

deformed or diseased,[76] or if there is anything unusual or uncanny

about it, or if it for some reason or other is regarded as an unlucky

child. In some parts of {395} Africa, for instance, a child who is

born with teeth,[77] or who cuts the upper front teeth before the

under,[78] or whose teeth present some other kind of irregularity,[79]

is put to death. Among the natives of the Bondei country a child who

is born head first is considered an unlucky child, and is strangled in

consequence.[80] The Kamchadales used to destroy children who were

born in very stormy weather;[81] and in Madagascar infants born in

March or April, or in the last week of a month, or on a Wednesday or a

Friday, were exposed or drowned or buried alive.[82] Among various

savages it is the custom that, if a woman gives birth to twins, one or

both of them are destroyed.[83] They are regarded sometimes as an

indication of unfaithfulness on the part of the mother--in accordance

with the notion that one man cannot be the father of two children at

the same time[84]--sometimes as an evil portent or as the result of

the wrath of a fetish.[85] Miss Kingsley observes, "There is always

the sense of there being something uncanny regarding twins in West

Africa, and in those tribes where they are not killed they are

regarded {396} as requiring great care to prevent them from dying on

their own account."[86] The Kafirs believe that unless the father

places a lump of earth in the mouth of one of the babies he will lose

his strength.[87]

[Footnote 74: Turner, _Samoa_, p. 304 (Savage Islanders). Elton, in

_Jour. Anthr. Inst._ xvii. 93 (some Solomon Islanders). Munzinger,

_Ostafrikanische Studien_, p. 145 (Beduan). Dyveyrier, _Exploration du

Sahara_, p. 428 (Touareg). Burton, _Sindh_, p. 244 (Belochis).

Haberland, 'Der Kindermord als Volkssitte,' in _Globus_, xxxvii. 58.

The natives of Australia often kill half-caste children (Roth,

_Ethnological Studies among the North-West-Central Queensland

Aborigines_, p. 184. Curr, _Recollections of Squatting in Victoria_,

p. 252. Haberland, _loc. cit._ p. 58).]

[Footnote 75: Collins, _English Colony in New South Wales_, i. 607

_sq._ (aborigines of Port Jackson). Dale, 'Natives inhabiting the

Bondei Country,' in _Jour. Anthr. Inst._ xxv. 182. Comte de Cardi,

'Ju-Ju Laws and Customs in the Niger Delta,' _ibid._ xxix. 58. Nansen,

_First Crossing of Greenland_, ii. 330; Holm, 'Ethnologisk Skizze af

Angmagsalikerne,' in _Meddelelser om Grönland_, x. 91 (Greenlanders).

Haberland, _loc. cit._ p. 28 _sq._ Ploss, _Das Kind_, ii. 252, 254,

258 _sq._ Chamberlain, _Child and Childhood in Folk-Thought_,

p. 110 _sq._]

[Footnote 76: Dawson, _op. cit._ p. 39 (tribes of Western Victoria).

Kicherer, quoted by Moffat, _Missionary Labours and Scenes in Southern

Africa_, p. 15 (Bushmans). Shooter, _Kafirs of Natal_, p. 89. Chapman,

_Travels in the Interior of South Africa_, ii. 285 (Banamjua). Reade,

_Savage Africa_, p. 244 (Equatorial Africans). New, _Life, Wanderings,

and Labours in Eastern Africa_, p. 118; Krapf, _Travels_, p. 193 _sq._

(Wanika). Georgi, _Russia_, iii. 134 (Kamchadales). Sarytschew, _loc.

cit._ vi. 50; von Wrangell, _op. cit._ p. 122 (Chukchi). Simpson,

quoted by Murdoch, 'Point Barrow Expedition,' in _Ann. Rep. Bur.

Ethn._ ix. 417 (Eskimo). Powers, _Tribes of California_, p. 382

(Yokuts). Guinnard, _Three Years' Slavery among the Patagonians_, p.

144. Haberland, _loc. cit._ p. 58 _sq._ Ploss, _Das Kind_, ii. 252,

254, 255, 258.]

[Footnote 77: Ploss, _Das Kind_, ii. 257, 259.]

[Footnote 78: Livingstone, _Missionary Travels_, p. 577. Kingsley,

_Travels in West Africa_, p. 472. Allen and Thomson, _Expedition to

the River Niger_, i. 243 _sq._ Mockler-Ferryman, _British Nigeria_,

p. 286 (Ibos).]

[Footnote 79: Baumann, _Usambara_, pp. 131 (Wabondei), 237 (Wapare).]

[Footnote 80: Dale, in _Jour. Anthr. Inst._ xxv. 183.]

[Footnote 81: Krasheninnikoff, _History of Kamschatka_, p. 217.]

[Footnote 82: Ploss, _Das Kind_, ii. 257. _Cf._ Little, _Madagascar_,

p. 60.]

[Footnote 83: Dawson, _op. cit._ p. 39 (tribes of Western Victoria).

Spencer and Gillen, _Native Tribes of Central Australia_, p. 52.

_Idem_, _Northern Tribes of Central Australia_, p. 609. Romilly,

_Western Pacific_, p. 70 (Solomon Islanders). Kolben, _op. cit._ i.

144 (Hottentots). Shooter, _op. cit._ p. 88 (Kafirs of Natal).

Livingstone, _Missionary Travels_, p. 577. Decle, _Three Years in

Savage Africa_, p. 160 (Matabele). Chapman, _op. cit._ ii. 285

(Banamjua). Baumann, _Usambara_, p. 131 (Wabondei). New, _op. cit._

pp. 118 (Wanika, formerly), 458 (Wadshagga). Burton, _Two Trips to

Gorilla Land_, i. 84. Kingsley, _Travels in West Africa_, p. 472

_sqq._ Schoen and Crowther, _Journals_, p. 49 (Ibos on the Niger).

Comte de Cardi, in _Jour. Anthr. Inst._ xxix. 57 _sq._ (Negroes of the

Niger Delta). Nyendael, quoted by Ling Roth, _Great Benin_, p. 35

(people of Arebo). Ploss, _Das Kind_, ii. 267 _sq._ (African peoples),

274 (some South American Indians). Schneider, _Die Naturvölker_, i.

305 _sq._ (some South American Indians). Krasheninnikoff, _op. cit._

p. 217 (Kamchadales).]

[Footnote 84: Waitz, _Anthropologie der Naturvölker_, iii. 394, 480

(South American Indians). Dapper says (_Africa_, p. 473) that no twins

are ever found in the country of Benin, because the people considered

it a great dishonour to give birth to twins.]

[Footnote 85: Allen and Thomson, _op. cit._ i. 243. Baumann,

_Usambara_, p. 131 (Wabondei).]

[Footnote 86: Kingsley, _Travels in West Africa_, p. 473, According to

Nyendael, twin-births are, on the contrary, esteemed good omens in

most parts of the Benin territory (Ling Roth, _Great Benin_, p.

35).]

[Footnote 87: Kidd, _The Essential Kafir_, p. 202.]

In the instances just referred to, the infant is killed either

because, after the death of its mother, there is nobody to nurse it,

or on account of the fault of its parents, especially the mother, or

because it is held desirable that the sickly or defective should die

at once, or out of superstitious fear. However, among many of the

lower races, infanticide is not restricted to similar more or less

exceptional cases, but is practised on a much larger scale. Custom

often decides how many children are to be reared in each family, and

not infrequently the majority of infants are destroyed.

Infanticide is common among various tribes in North and South

America.[88] Dobrizhoffer says that it was a rare exception among the

Abipones to find a woman who had brought up two or three sons, whilst

some mothers killed all the children they bore, "no one either

preventing or avenging these murders."[89] According to Azara, the

Guanas buried alive the majority of their female infants, and the

Mbayas suffered only one boy or one girl in a family to live;[90] but

the correctness of his statements has been questioned.[91] On the

other hand there can be no doubt as to the extreme prevalence of

infanticide in the islands of the South Seas. In some of the principal

groups of Polynesia it was practised publicly and systematically,

without compunction, to an extent almost incredible. During the whole

period of his residence in the Society Islands, Ellis does {397} not

recollect having met with a single pagan woman who had not imbrued her

hands in the blood of her offspring, and he thinks that there, as also

in the Sandwich Islands, two-thirds of the children were destroyed by

their parents.[92] "No sense of irresolution or horror," he says,

"appeared to exist in the bosoms of those parents who deliberately

resolved on the deed before the child was born. They often visited the

dwellings of the foreigners, and spoke with perfect complacency of

their cruel purpose"; and when the missionaries tried to dissuade them

from executing their intention, the only answer generally received was

that it was the custom of the country.[93] The Line Islanders allowed

only four children of a family to get the chance of life; the mother

had a right to rear one child, whereas it rested with the husband to

decide whether any more should live.[94] In Radack every mother was

permitted to bring up three children, but the fourth and every

succeeding one she was obliged to bury alive herself, unless she was

the wife of a chief.[95] In Vaitupu, of the Ellice Archipelago, also,

"infanticide was ordered by law," and only two children were allowed

to a family.[96] In New Zealand and the Marquesas infanticide, though

not so general, was yet of frequent occurrence and not regarded as a

crime.[97] In most of the Melanesian groups it was very common.[98] In

the Solomon Islands there still seem to be several places where it is

the custom to kill nearly all children soon after they are born, and

to buy other children from foreign tribes, good care being taken not

to buy them too young.[99] The practice of infanticide occurred at

least occasionally in Tasmania,[100] and, as it seems, almost

universally in Australia. Mr. Curr supposes that the Australian woman,

as a rule, reared only two boys and one girl, the rest of her children

being destroyed.[101] "In the laws known to her," says Mr. Brough

Smyth, "infanticide is a necessary practice, and one which, if

disregarded, would, under certain circumstances, be disapproved {398}

of; and the disapproval would be marked by punishment."[102] Mr.

Taplin was assured that, among the Narrinyeri, more than one-half of

the children born fell victims to this custom;[103] and in the

Dieyerie tribe hardly an old woman, if questioned, but will admit of

having destroyed from two to four of her offspring.[104]

[Footnote 88: Bessels, quoted by Murdoch, 'Point Barrow Expedition,'

in _Ann. Rep. Bur. Ethn._ ix. 417 (Eskimo of Smith Sound). Nelson,

'Eskimo about Bering Strait,' _ibid._ xviii. 289. Gibbs, 'Tribes of

Western Washington and Northwestern Oregon,' in _Contributions to

North American Ethnology_, i. 198. Powers, _op. cit._ pp. 177, 184

(Californian tribes). Yarrow, in _Ann. Rep. Bur. Ethn._ i. 99 (Pimas

of Arizona), Hawtrey, in _Jour. Anthr. Inst._ xxxi. 295 (Lengua

Indians of the Paraguayan Chaco).]

[Footnote 89: Dobrizhoffer, _op. cit._ ii. 98. For another account of

the infanticides of the Abipones, see _infra_, p. 400.]

[Footnote 90: Azara, _Voyages dans l'Amérique méridionale_, ii. 93, 115.]

[Footnote 91: Wied-Neuwied, _Reise nach Brasilien_, ii. 39.]

[Footnote 92: Ellis, _Polynesian Researches_, i. 252. _Idem_, _Tour

through Hawaii_, p. 325.]

[Footnote 93: _Idem_, _Polynesian Researches_, i. 250.]

[Footnote 94: Tutuila, 'Line Islanders,' in _Jour. Polynesian

Society_, i. 267.]

[Footnote 95: von Kotzebue, _Voyage of Discovery_, iii. 173.]

[Footnote 96: Turner, _Samoa_, p. 284.]

[Footnote 97: Hale, _U.S. Exploring Expedition. Vol. VI. Ethnography

and Philology_, p. 15.]

[Footnote 98: Codrington, _Melanesians_, p. 229. Turner, _Samoa_, p.

333 (Efatese). Gill, _Life in the Southern Isles_, p. 213 (islands of

Torres Straits). Atkinson, in _Folk-Lore_, xiv. 248 (New

Caledonians).]

[Footnote 99: Romilly, _Western Pacific_, p. 68 _sq._ _Cf._ Guppy,

_Solomon Islands_, p. 42.]

[Footnote 100: Ling Roth, _Aborigines of Tasmania_, p. 167 _sq._

Bonwick, _Daily Life and Origin of the Tasmanians_, p. 85. Brough

Smyth, _Aborigines of Victoria_, ii. 386.]

[Footnote 101: Curr, _The Australian Race_, i. 70.]

[Footnote 102: Brough Smyth, _op. cit._ i. p. xxi. _Cf._ Oberländer,

'Die Eingeborenen der Kolonie Victoria,' in _Globus_, iv. 279.]

[Footnote 103: Taplin, 'Narrinyeri,' in Woods, _Native Tribes of South

Australia_, p. 13.]

[Footnote 104: Gason, 'Manners and Customs of the Dieyerie Tribe,'

_ibid._ p. 259.]

Among the Todas of India, up to the period of Mr. Sullivan's visit

to their hills, about the year 1820, only one female child was allowed

to live in each family.[105] With reference to the Kandhs, or Khonds,

Macpherson observes, "The practice of female infanticide is, I

believe, not wholly unknown amongst any portion of the Khond people,

while it exists in some of the tribes of the sect of Boora to such an

extent, that no female infant is spared, except when a woman's first

child is a female, and that villages containing a hundred houses may

be seen without a female child."[106]

[Footnote 105: Metz, _Tribes inhabiting the Neilgherry Hills_, p. 16.]

[Footnote 106: Macpherson, _Memorials of Service in India_, p. 132.]

It is said that among the Guanches of the Canary Islands, in

ancient times, all children, except the first-born, were killed.[107]

The people of Madagascar frequently practised infanticide; but Ellis

says that they were much less addicted to it than the South Sea

Islanders, a numerous offspring being generally a source of much

satisfaction.[108] According to Kolben, infanticide was common among

the Hottentots;[109] whereas Sparrman only states that "the Hottentots

are accustomed to inter, in case of the mother's death, children at

the breast alive,"[110] and Le Vaillant altogether denies the

existence of customary infanticide among them.[111] Among the Swahili,

according to Baumann, infanticides are very common and hardly

disapproved of.[112] But the peoples of the African continent are not

generally addicted to infanticide, except in such special cases as

have already come under our notice.

[Footnote 107: Ploss, _Das Kind_, ii. 259 _sq._]

[Footnote 108: Little, _Madagascar_, p. 60. Ellis, _History of

Madagascar_, i. 155, 160.]

[Footnote 109: Kolben, _op. cit._ i. 333.]

[Footnote 110: Sparrman, _Voyage to the Cape of Good Hope_, i. 358 _sq._]

[Footnote 111: Le Vaillant, _op. cit._ ii. 58 _sqq._]

[Footnote 112: Baumann, _Usambara_, p. 42.]

The custom of infanticide, in its extensive form, has been attributed

to various motives. Among some peoples mothers are said to kill their

new-born infants on account {399} of the trouble of rearing them,[113]

or the consequent loss of beauty.[114] Another cause is the long

suckling time, generally lasting, among savages, for two, three, four

years, or even more, owing to want of soft food and animal milk.[115]

When, as is very commonly the case, the husband must not cohabit with

his wife during the whole of this period,[116] he is naturally

inclined to form other connections, and this seems in some instances

to induce the mother to destroy her child.[117] In another respect,

also, the long suckling-time is an inducement to infanticide; among

certain Australian tribes an infant is killed immediately on birth

"when the mother is, or thinks she is, unable to rear it owing to

there being a young child whom she is still feeding."[118] Among the

Pimas of Arizona, again, infanticide is said to be connected with the

custom of destroying all the property of the husband when he dies.

"The women of the tribe, well aware that they will be poor should

their husbands die, and that then they will have to provide for their

children by their own exertions, do not care to have many children,

and infanticide, both before and after birth, prevails to a great

extent. This is not considered a crime."[119] But there can be little

doubt that the wholesale infanticide of many of the lower races is in

the main due to the hardships of savage life. The helpless infant may

be a great burden to the parents both in times of peace and in times

of war. It may prevent the mother from following her husband about on

his wanderings in search of food, or otherwise encumber her in her

work.[120] Mr. Curr states of the Bangerang tribe of Victoria, with

whom he was intimate for ten years, that their habit of killing nearly

half {400} of the children born resulted "principally from the

difficulty, if not the impossibility, of transporting several children

of tender age from place to place on their frequent marches."[121]

Concerning the Abipones, Charlevoix observes:--"They seldom rear but

one child of each sex, murdering the rest as fast as they come into

the world, till the eldest are strong enough to walk alone. They think

to justify this cruelty by saying that, as they are almost constantly

travelling from one place to another, it is impossible for them to

take care of more infants than two at a time; one to be carried by the

father, and the other by the mother."[122] Among the Lenguas of the

Paraguayan Chaco an interval of seven or eight years is always

observable between children of the same family, infants born in this

interval being immediately killed. The reasons for this practice, says

Mr. Hawtrey, are obvious. "The woman has the hard work of carrying

food from garden and field, and all the transport to do; the Lenguas

are a nomadic race, and their frequent moves often entail journeys of

from ten to twenty miles a day. . . . Travelling with natives under

these circumstances, one is forced to the conclusion that it would be

impossible for a mother to have more than one young child to carry and

to care for."[123] Moreover, a little forethought tells the parents

that their child before long will become a consumer of provisions

perhaps already too scanty for the family. Savages often suffer

greatly from want of food, and may have to choose between destroying

their offspring or famishing themselves. Hence they often have

recourse to infanticide as a means of saving their lives; indeed,

among several tribes, in case of famine, children are not only killed,

but eaten.[124] Urgent want is frequently represented by our

authorities as the main cause of infanticide;[125] and {401} their

statements are corroborated by the conspicuous prevalence of this

custom among poor tribes and in islands whose inhabitants are confined

to a narrow territory with limited resources.

[Footnote 113: Ellis, _Polynesian Researches_, i. 256 (Tahitians).

_Idem_, _Tour through Hawaii_, p. 327. Polack, _Manners and Customs of

the New Zealanders_, ii. 92. Gason, _loc. cit._ p. 258 (Dieyerie

tribe).]

[Footnote 114: Williams, _Missionary Enterprises_, p. 565

(Tahitians).]

[Footnote 115: See Westermarck, _History of Human Marriage_, p. 484.]

[Footnote 116: _Ibid._ p. 483.]

[Footnote 117: Schneider, _Die Naturvölker_, i. 297, 307.]

[Footnote 118: Spencer and Gillen, _Native Tribes of Central

Australia_, pp. 51, 264. _Idem_, _Northern Tribes of Central

Australia_, p. 608. Oberländer, _loc. cit._ p. 279.]

[Footnote 119: Yarrow, _loc. cit._ p. 99.]

[Footnote 120: Turner, _Nineteen Years in Polynesia_, p. 394 (people

of Vaté, New Hebrides). Polack, _op. cit._ ii. 93 (Maoris).]

[Footnote 121: Curr, _Squatting in Victoria_, p. 252. Oberländer,

_loc. cit._ p. 279. _Cf._ Fison and Howitt, _Kamilaroi and Kurnai_, p.

259; Fraser, _Aborigines of New South Wales_, p. 5.]

[Footnote 122: Charlevoix, _History of Paraguay_, i. 405.]

[Footnote 123: Hawtrey, in _Jour. Anthr. Inst._ xxxi. 295.]

[Footnote 124: See Steinmetz, _Endokannibalismus_, pp. 8, 13, 14, 17.]

[Footnote 125: Nansen, _First Crossing of Greenland_, ii. 330. Nelson,

in _Ann. Rep. Bur. Ethn._ xviii. 289 (Eskimo about Behring Strait).

Brough Smyth, _op. cit._ i. 53; ii. 386 (aboriginal tribes of

Australia and Tasmania), von Kotzebue, _op. cit._ iii. 173 (natives of

Radack). Tutuila, in. _Jour. Polynesian Soc._ i. 263 (Line Islanders).

Campbell, _Wild Tribes of Khondistan_, p. 140 (Kandbs of Sooradah).

Marshall, _A Phrenologist amongst the Todas_, p. 194. Kolben, _op.

cit._ i. 144 (Hottentots). See also Haberland, _loc. cit._ p. 26;

Dimitroff, _Die Geringschätzung des menschlichen Lebens und ihre

Ursachen bei den Naturvölkern_, p. 162 _sqq._; Sutherland, _Origin

and Growth of the Moral Instinct_, i. 115 _sqq._]

In the chapter dealing with human sacrifice we shall notice that

infanticide is in some cases practised as a sacrificial rite. In other

cases infants are killed for medicinal purposes, without being

sacrificed to any divine being.[126] Thus in the Luritcha tribe, in

Central Australia, "it is not an infrequent custom, when a child is in

weak health, to kill a younger and healthy one and then to feed the

weakling on its flesh, the idea being that this will give to the weak

child the strength of the stronger one."[127] A curious motive for

female infanticide is also worth mentioning. That the victims of this

practice are most commonly, among several peoples almost exclusively,

females,[128] is generally due to the greater usefulness of the men

both as food-providers and in war. But the Hakka, a Mongolian tribe in

China, often put their girls to a cruel death with a view to inducing

thereby the soul to appear the next time in the shape of a

boy.[129]

[Footnote 126: See _infra_, p. 458 _sq._]

[Footnote 127: Spencer and Gillen, _Native Tribes of Central

Australia_, p. 475. _Cf._ _ibid._ p. 52.]

[Footnote 128: _Cf._ Haberland, _loc. cit._ p. 56 _sqq._]

[Footnote 129: Hubrig, quoted by Ploss, _Das Kind_, ii. 263.]

Thus various considerations have led men to destroy their own

offspring. Under certain circumstances the advantages, real or

imaginary, assumed to result from the deed have been sufficiently

great to silence the voice of parental love, which, as will be seen,

is to be found even in the bosom of a savage father. The resistance

offered by this instinct would be so much the less as the child is

killed immediately after its birth, at a period of its life {402} when

the father's affection for it is as yet only dawning Even where, at

first, infanticide was an exception, practised by a few members of the

tribe, any interference from the side of the community may have been

prevented by the notion that a person possesses proprietary rights

over his offspring; and, once become habitual, infanticide easily grew

into a regular custom. In cases where it was found useful to the

tribe, it would be enforced as a public duty; and even where there no

longer was any need for it, owing to changed conditions of life, the

force of habit might still keep the old custom alive.

Though infanticide is thus regarded as allowable, or even obligatory,

among many of the lower races, we must not suppose that they

universally look upon it in this light. Mr. McLennan grossly

exaggerated its prevalence when he asserted that female infanticide is

"common among savages everywhere."[130] Among a great number of them

it is said to be unheard of or almost so,[131] and to these belong

peoples of so low a type as the Andaman Islanders,[132] the

Botocudos,[133] and certain Californian tribes.[134] The Veddahs of

Ceylon have never been known to practise it.[135] Among the Yahgans of

Tierra del Fuego, Mr. Bridges informs me, it occurred only

occasionally, and then it was almost always the deed of the mother,

who acted from "jealousy, or hatred of her husband, or because of

desertion and wretchedness."[136] Mr. Fison, who has lived for a long

time among uncivilised races, thinks it will be found that infanticide

is far less common among the lower savages than it is among the more

advanced tribes.[137] Considering {403} further that the custom of

infanticide, being opposed to the instinct of parental love,

presupposes a certain amount of reasoning or forethought, it seems

probable that, where it occurs, it is not a survival of earliest

savagery, but has grown up under specific conditions in later stages

of development.[138] It is, for instance, very generally asserted that

certain Indians in California never committed infanticide before the

arrival of the whites;[139] and Ellis thinks there is every reason to

suppose that this custom was practised less extensively by the

Polynesians during the early periods of their history than it was

afterwards.[140]

[Footnote 130: McLennan, _Studies in Ancient History_, p. 75.]

[Footnote 131: See Westermarck, _History of Human Marriage_, p. 312

_sq._; and, besides the authorities there referred to, Dorsey, 'Omaha

Sociology,' in _Ann. Rep. Bur. Ethn._ iii. 369; Kirke, _Twenty-five

Years in British Guiana_, p. 160; Chalmers, _Pioneering in New

Guinea_, p. 163; Hodgson, _Miscellaneous Essays_, p. 123 (Bódo and

Dhimáls); Baumann, _Durch Massailand zur Nilquelle_, p. 161

(Masai).]

[Footnote 132: Man, in _Jour. Anthr. Inst._ xii. 329.]

[Footnote 133: Wied-Neuwied, _op. cit._ ii. 39. Keane, in _Jour.

Anthr. Inst._ xiii. 206.]

[Footnote 134: Powers, _op. cit._ pp. 192, 271, 382.]

[Footnote 135: Sarasin, _Ergebnisse naturwissenschaftlicher

Forschungen auf Ceylon_, iii. 469, 539.]

[Footnote 136: Bridges, in a letter dated Downeast, Tierra del Fuego,

August 28th, 1888.]

[Footnote 137: Fison and Howitt, _Kamilaroi and Kurnai_, p. 134 _sqq._

_Cf._ Farrer, _Primitive Manners and Customs_, p. 224; Sutherland,

_op. cit._ i. 114 _sq._]

[Footnote 138: _Cf._ Darwin, _Descent of Man_, p. 594.]

[Footnote 139: Powers, _op. cit._ p. 207. _Cf._ _ibid._ p. 183.]

[Footnote 140: Ellis, _Polynesian Researches_, i. 249.]

Where infanticide is not sanctioned by custom, the occasional

commission of it has a tendency to call forth disapproval or excite

horror. The Blackfeet are said to believe that women who have been

guilty of this crime will never reach the happy mountain after death,

but are compelled to hover round the seats of their crimes, with

branches of trees tied to their legs.[141] Speaking of another North

American tribe, the Potawatomis, Keating observes:--"In a few

instances, it is said that children born deformed have been destroyed

by their mothers, but these instances are rare, and whenever

discovered, uniformly bring them into disrepute, and are not

unfrequently punished by some of the near relations. Independently of

these cases, which are but rare, a few instances of infanticide, by

single women, in order to conceal intrigue, have been heard of; but

they are always treated with abhorrence."[142] Among the Omahas

"parents had no right to put their children to death."[143] The Aleuts

believed that a child-murder would bring misfortune on the whole

village.[144] The Brazilian Macusis[145] and Botocudos[146] look upon

the deed with horror. At Ulea, {404} of the Caroline Islands, "the

prince would have the unnatural mother punished with death."[147] So,

too, Herr Valdau tells us of a Bakundu woman who, accused of

infanticide, was condemned to death.[148] In Ashanti a man is punished

for the murder of his child.[149] Among the Gaika tribe, of the

Kafirs, the killing of a child after birth is punishable as murder,

the fine going to the chief.[150] Nay, even peoples among whom

infanticide is habitual seem now and then to have a feeling that the

act is not quite correct. Mr. Brough Smyth asserts that the Australian

Black is himself ashamed of it;[151] and Mr. Curr has no doubt that he

feels, in the commencement of his career at least, that infanticide is

wrong, as also that its committal brings remorse.[152]

[Footnote 141: Richardson, in Franklin, _Journey to the Shores of the

Polar Sea_, p. 77.]

[Footnote 142: Keating, _op. cit._ i. 99.]

[Footnote 143: Dorsey, in _Ann. Rep. Bur. Ethn._ iii. 268.]

[Footnote 144: Dall, _op. cit._ p. 399.]

[Footnote 145: Waitz, _op. cit._ iii. 391.]

[Footnote 146: Wied-Neuwied, _op. cit._ ii. 39.]

[Footnote 147: von Kotzebue, _op. cit._ iii. 211.]

[Footnote 148: Valdau, in _Ymer_, v. 280.]

[Footnote 149: Bowdich, _Mission from Cape Coast Castle to Ashantee_,

p. 258.]

[Footnote 150: Maclean, _Compendium of Kafir Laws and Customs_, p. 111.]

[Footnote 151: Brough Smyth, _op. cit._ i. 54.]

[Footnote 152: Curr, _The Australian Race_, i. 100.]

The custom of infanticide in most cases requires that the child should

be killed immediately or soon after its birth. Among certain North

American Indians "the right of destroying a child lasted only till it

was a month old," after which time the feeling of the tribe was

against its death.[153] Ellis says of the Society Islanders:--"The

horrid act, if not committed at the time the infant entered the world,

was not perpetrated at any subsequent period . . . . If the little

stranger was, from irresolution, the mingled emotions that struggled

for mastery in its mother's bosom, or any other cause, suffered to

live ten minutes or half an hour, it was safe; instead of a monster's

grasp, it received a mother's caress and a mother's smile, and was

afterwards nursed with solicitude and tenderness."[154] Almost the

same is said of other South Sea Islanders[155] and of tribes

inhabiting the Australian continent.[156] That the custom of

infanticide is generally {405} restricted to the destruction of

new-born babies also appears from various statements as to the

parental love of those peoples who are addicted to this practice.[157]

In Fiji "such children as are allowed to live are treated with a

foolish fondness."[158] Among the Narrinyeri, "only let it be

determined that an infant's life shall be saved, and there are no

bounds to the fondness and indulgence with which it is treated";[159]

and with reference to other Australian tribes we are told that it is

brought up with greater care than generally falls to the lot of

children belonging to the poorer classes in Europe.[160] Among the

Indians of the Pampas and other Indians of that neighbourhood, who

abandon deformed or sickly-looking children to the wild dogs and birds

of prey, an infant becomes, from the moment it is considered worthy to

live, "the object of the whole love of its parents, who, if necessary,

will submit themselves to the greatest privations to satisfy its least

wants or exactions."[161] In Madagascar, according to Ellis, "nothing

can exceed the affection with which the infant is treated by its

parents and other members of the family; the indulgence is more

frequently carried to excess than otherwise."[162] From these and

similar facts, as also from the general absence of statements to the

contrary, I conclude that murders of children who have been allowed to

survive their earliest infancy are very rare, though not quite

unknown,[163] among the lower races.

[Footnote 153: Schoolcraft, quoted by Sutherland, _op. cit._ i. 119.]

[Footnote 154: Ellis, _Polynesian Researches_, i. 255.]

[Footnote 155: Waitz-Gerland, _op. cit._ vi. 138, 139, 638. Angas,

_Savage Life and Scenes in Australia and New Zealand_, i. 313.]

[Footnote 156: Ploss, _Das Kind_, ii. 255. Spencer and Gillen, _Native

Tribes of Central Australia_, p. 51. _Iidem_, _Northern Tribes of

Central Australia_, p. 608.]

[Footnote 157: See _infra_, p. 529 _sqq._; also Haberland, _loc. cit._

p. 29, and Sutherland, _op. cit._ i. 115 _sqq._]

[Footnote 158: Williams and Calvert, _op. cit._ p. 142.]

[Footnote 159: Taplin, in Woods, _Native Tribes of South Australia_,

p. 15.]

[Footnote 160: Brough Smyth, _op. cit._ i. 51. Meyer, 'Manners and

Customs of the Aborigines of the Encounter Bay Tribe,' in Woods,

_Native Tribes of South Australia_, p. 186.]

[Footnote 161: Guinnard, _op. cit._ p. 144.]

[Footnote 162: Ellis, _History of Madagascar_, i. 161.]

[Footnote 163: Among the Sandwich Islanders "the infant, after living

a week, a month, or even a year, was still insecure, as some were

destroyed when able to walk" (Ellis, _Tour through Hawaii_, p. 325).

Among the Eskimo about Behring Strait, "girls were often killed when

from 4 to 6 years of age" (Nelson, in _Ann. Rep. Bur. Ethn._

xviii. 289).]

The custom of infanticide prevails, or has prevailed, not only in the

savage world, but among semi-civilised and {406} civilised races. In

the poorest districts of China female infants are often destroyed by

their parents immediately after their birth, chiefly on account of

poverty.[164] Though disapproved of by educated Chinese, the practice

is treated with forbearance or indifference by the mass of the people,

and is acquiesced in by the mandarins.[165] "When seriously appealed

to on the subject," says the Rev. J. Doolittle, "though all deprecate

it as contrary to the dictates of reason and the instincts of nature,

many are ready boldly to apologise for it, and declare it to be

necessary, especially in the families of the excessively poor."[166]

However, infanticide is neither directly sanctioned by the government,

nor agreeable to the general spirit of the laws and institutions of

the Empire;[167] and it is prohibited both by Buddhism and

Taouism.[168] According to Dr. de Groot, the belief that the spirits

of the dead may, with authorisation of Heaven, take vengeance on the

living, has a very salutary effect on female infanticide in China.

"The fear that the souls of the murdered little ones may bring

misfortune, induces many a father or mother to lay the girls they are

unwilling to bring up in the street for adoption into some family, or

into a foundling-hospital."[169]

[Footnote 164: Gutzlaff, _Sketch of Chinese History_, i. 59. Wells

Williams, _Middle Kingdom_, ii. 240 _sqq._ Douglas, _Society in

China_, p. 354 _sqq._ Doolittle, _Social Life of the Chinese_, ii. 206.]

[Footnote 165: Doolittle, _op. cit._ ii. 203, 208 _sq._ Wells

Williams, _op. cit._ i. 836; ii. 242. Douglas, _Society in China_, p.

354. Ploss, _Das Kind_, ii. 262.]

[Footnote 166: Doolittle, _op. cit._ ii. 208.]

[Footnote 167: Staunton, in his translation of _Ta Tsing Leu Lee_,

p. 347 n. *]

[Footnote 168: _Thâi Shang_, 4. Giles, _Strange Stories from a Chinese

Studio_, ii. 377. Douglas, _Confucianism and Taouism_, p. 267.

_Indo-Chinese Gleaner_, iii. 164.]

[Footnote 169: de Groot, _Religions System of China_, (vol. iv. book)

ii. 457 _sqq._]

In ancient times the Semites, or at least some of them, not only

practised infanticide, but, under certain circumstances, approved of

it or regarded it as a duty. According to an ancient Arabic proverb,

it was a generous deed to bury a female child;[170] and we read of

[(]O[s.]aim the Fazarite who did not dare to save alive his daughter

Lacî[t.]a, without concealing her from the people, although she was

his only child.[171] Considering that among the {407} nomads of

Arabia, who suffer constantly from hunger during a great part of the

year, a daughter is a burden to the poor, we may suppose, with

Professor Robertson Smith, that "infanticide was as natural to them as

to other savage peoples in the hard struggle for life."[172] It was

condemned, however, by the Prophet:--"Slay not your children for fear

of poverty: we will provide for them; beware! for to slay them is ever

a great sin."[173] In the Mosaic Law, on the other hand, infanticide

is never touched upon, and, in all probability, it hardly occurred

among the Hebrews in historic times. But we have reason to believe

that, at an earlier period, among them as also among other branches of

the Semitic race, child-murder was frequently practised as a

sacrificial rite.[174]

[Footnote 170: Freytag, _Arabum Proverbia_, i. 229.]

[Footnote 171: Robertson Smith, _Kinship and Marriage in Early

Arabia_, p. 293.]

[Footnote 172: _Ibid._ p. 294.]

[Footnote 173: _Koran_, xvii. 33; also, _ibid._ vi. 141, 152, and

lxxxi. 8 _sq._]

[Footnote 174: See _infra_, on Human Sacrifice.]

The murder of female infants, whether by the direct employment of

homicidal means, or by exposure to privation and neglect, has for ages

been a common practice, or even a genuine custom, among various Hindu

castes.[175] Yet they are well aware that it is prohibited by their

sacred books; according to the Laws of Manu, the King shall put to

death "those who slay women, infants, or Brâhmanas."[176] Even the

Rajputs, who--out of family pride and owing to the expenses connected

with the marriage ceremony--were particularly addicted to infanticide,

considered that a family in which such a deed had been perpetrated

was, in consequence, an object of divine displeasure. On the twelfth

day, therefore, the family priest was sent for, and, by suitable

gratuities, absolution was obtained. In the room where the infant was

born and destroyed, he also prepared and ate some food with which the

family provided him; this was considered a _hom_, or burnt offering,

and, by eating it in that place, the priest was supposed to take the

whole _hutteea_, or sin, upon himself, and to cleanse the family from

it.[177]

[Footnote 175: Wilkins, _Modern Hinduism_, 431. Chevers, _Manual of

Medical Jurisprudence for India_, p. 750 _sqq._]

[Footnote 176: _Laws of Manu_, ix. 232.]

[Footnote 177: 'Oude as it was before the Annexation,' in _Church

Missionary Intelligencer_, xi. 81 _sq._]

{408} Exposure of new-born children was practised by the people of the

Vedic age,[178] as also by other so-called Aryan peoples in ancient

times.[179] The Teutonic father had to decide whether the child,

whilst still lying on the ground, should be accepted as a member of

the family, or whether it should be exposed. If he lifted it up, and

some water was poured over it, or a drop of milk or honey passed its

lips, it was generally safe. But apart from these restrictions, custom

seems to have been in favour of exposure only under certain

circumstances, exactly similar to those in which infanticide is

practised among many modern savages: if the child was born out of

wedlock, or if it was deformed or sickly, or if it was born on an

unlucky day, or in case of twins--one of whom was always supposed to

be illegitimate--or if the parents were very poor. The exposed infant,

however, was not necessarily destined to die, but was, in many cases,

adopted by somebody who could afford to rear it.[180]

[Footnote 178: Kaegi, _Rigveda_, p. 16.]

[Footnote 179: Strieker, 'Ethnographische Notizen über den Kindermord

und die künstliche Fruchtabtreibung,' in _Archiv für Anthropologie_,

v. 451 (Celts and Slavs).]

[Footnote 180: Grimm, _Deutsche Rechtsalterthümer_, p. 455 _sq._

Wilda, _Strafrecht der Germanen_, pp. 704, 725. Maurer, _Bekehrung des

Norwegischen Stammes_ ii. 181. Weinhold, _Altnordisches Leben_, p.

261. Nordström, _Bidrag till den svenska samhälls-författningens

historia_, ii. 44. Stemann, _Den danske Retshistorie indtil Christian

V.'s Lov_, p. 359.]

The exposure of deformed or sickly infants was undoubtedly an ancient

custom in Greece; in Sparta, at least, it was enjoined by law. It was

also approved of by the most enlightened among the Greek philosophers.

Plato condemns all those children who are imperfect in limbs, as also

those who are born from depraved citizens, to be buried in some

obscure and unknown place; he maintains, moreover, that when both

sexes have passed the age assigned for presenting children to the

State, no child is to be brought to light, and that any infant which

is by accident born alive, shall be done away with.[181] Aristotle not

only lays down the law with respect to the exposing or bringing up of

children, that "nothing imperfect or maimed shall be brought up," but

proposes that {409} the number of children allowed to each marriage

shall be regulated by the State, and that, if any woman be pregnant

after she has produced the prescribed number, an abortion shall be

procured before the fetus has life.[182] These views were in perfect

harmony with the general tendency of the Greeks to subordinate the

feelings of the individual to the interest of the State. Confined as

they were to a very limited territory, they were naturally afraid of

being burdened with the maintenance of persons whose lives could be of

no use. It is necessary, says Aristotle, to take care that the

increase of the people should not exceed a certain number, in order to

avoid poverty and its concomitants, sedition and other evils.[183] Yet

the exposure of healthy infants, which was frequently practised in

Greece, was hardly approved of by public opinion, although

tolerated,[184] except at Thebes, where it was a crime punishable with

death.[185]

[Footnote 181: Plato, _Respublica_, v. 460 _sq._]

[Footnote 182: Aristotle, _Politica_, vii. 16, p. 1335.]

[Footnote 183: _Ibid._ ii. 6, p. 1265.]

[Footnote 184: Schmidt, _Ethik der alten Griechen_, ii. 138, 463.

Hermann-Blumner, _Lehrbuch der griechischen Privatalterthümer_, p. 77.]

[Footnote 185: Aelian, _Varia Historiæ_, ii. 7.]

In Rome custom or law enjoined the destruction of deformed infants.

According to a law of the Twelve Tables, referred to by Cicero,

monstrous abortions were not suffered to live.[186] With reference to

a much later period Seneca writes, "We destroy monstrous births, and

we also drown our children if they are born weakly or unnaturally

formed"; he adds that it is an act of reason thus to separate what is

useless from what is sound.[187] But there was no tendency in Rome to

encourage infanticide beyond these limits. It has been observed that,

whilst the Greek policy was rather to restrain, the Roman policy was

always to encourage, population.[188] Being engaged in incessant wars

of conquest, Rome was never afraid of being over-populated, but, on

the contrary, tried to increase the number of its citizens by

according special privileges to the fathers of many children, and

exempting poor parents from most {410} of the burden of taxation.[189]

The power of life and death which the Roman father possessed over his

children undoubtedly involved the legal right of destroying or

exposing new-born infants; but it is equally certain that the act was

frequently disapproved of.[190] An ancient "law," ascribed to

Romulus--which, as Mommsen suggests, could have been merely a priestly

direction[191]--enjoined the father to bring up all his sons and at

least his eldest daughter, and forbade him to destroy any well-formed

child till it had completed its third year, when the affections of the

parent might be supposed to be developed.[192] In later times we find

the exposure of children condemned by poets, historians, philosophers,

jurists. Among nefarious acts committed in sign of grief on the day

when Germanicus died, Suetonius mentions the exposure of new-born

babes.[193] Epictetus indignantly opposes the saying of Epicurus that

men should not rear their children:--"Even a sheep will not desert its

young, nor a wolf; and shall a man? 'What! will you have us to be

silly creatures, like the sheep?' Yet they desert not their young. 'Or

savage, like wolves?' Yet even they desert them not. Come, then, who

would obey you if he saw his little child fall on the ground and

cry?"[194] Julius Paulus, the jurist, pronounced him who refused

nourishment to his child, or exposed it in a public place, to be

guilty of murder[195]--a statement which is to be understood, not as a

legal prohibition of exposure, but only as the expression of a moral

opinion.[196] On the other hand, though the exposure of healthy

infants was disapproved of in Pagan Rome, it was not generally

regarded as an offence of very great magnitude, especially if the

parents were destitute.[197] {411} During the Empire it was practised

on an extensive scale, and in the literature of the time it is spoken

of with frigid indifference. Since the life of the victim was

frequently saved by some benevolent person or with a view to

profit,[198] it was not regarded in the same light as downright

infanticide, which, in the case of a healthy infant, seems to have

been strictly prohibited by custom.[199]

[Footnote 186: Cicero, _De legibus_, iii. 8.]

[Footnote 187: Seneca, _De ira_, i. 15.]

[Footnote 188: Lecky, _History of European Morals_, ii. 27.]

[Footnote 189: Montesquieu, _De l'esprit des lois_, 20 _sqq._

(_[OE]uvres_, p. 398 _sqq._). Lecky, _History of European Morals_,

ii. 27.]

[Footnote 190: Denis, _Histoire des théories et des idées morales dans

l'antiquité_, ii. 110.]

[Footnote 191: Mommsen, _Römisches Strafrecht_, p. 619.]

[Footnote 192: Dionysius of Halicarnassus, _Antiquitates Romanæ_,

ii. 15.]

[Footnote 193: Suetonius, _Caligula_, 5.]

[Footnote 194: Epictetus, _Dissertationes_, i. 23.]

[Footnote 195: _Digesta_, xxv. 3. 4.]

[Footnote 196: Noodt, 'Julius Paulus, sive de partus expositione et

nece apud veteres,' in _Opera omnia_, i. 465 _sqq._ Walter,

_Geschichte des Römischen Rechts_, § 538, vol. ii. 148 _sq._

Spangenberg, 'Verbrechen des Kindermords und der Aussetzung der

Kinder,' in _Neues Archiv des Criminalrechts_, iii. 10 _sqq._ Mommsen,

_Römisches Strafrecht_, p. 620, n. 1.]

[Footnote 197: Quintilian, _Declamationes_, 506. Plutarch, _De amore

prolis_, 5.]

[Footnote 198: Lecky, _History of European Morals_, ii. 28. Lallemand,

_Histoire des enfants abandonnés et délaissés_, p. 59.]

[Footnote 199: Mommsen, _Römisches Strafrecht_, p. 619.]

As is generally the case in the savage world, so among semi-civilised

and civilised nations whose customs allow or tolerate infanticide, the

child, if not suffered to live, has to be killed in its earliest

infancy. Among the Chinese[200] and Rajputs[201] it is destroyed

immediately after its birth. In the Scandinavian North the killing or

exposure of an infant who had already been sprinkled with water was

regarded as murder.[202] At Athens parents were punished for exposing

children whom they had once begun to rear.[203]

[Footnote 200: Gutzlaff, _op. cit._ i. 59.]

[Footnote 201: _Church Missionary Intelligencer_, xi. 81. Chevers,

_op. cit._ p. 752.]

[Footnote 202: Grimm, _Deutsche Rechtsalterthümer_, i. 457.]

[Footnote 203: Schoemann, _Griechische Alterthümer_, i. 503.]

The practice of exposing new-born infants, so common in the Pagan

Empire, was vehemently denounced by the early Fathers of the

Church.[204] They tried to convince men that, if the abandoned infant

died, the unnatural parent was guilty of nothing less than murder,

whilst the sinful purposes for which foundlings were often used formed

another argument against exposure.[205] The enormity of the crime of

causing an infant's death was enhanced by the notion that children who

had died unbaptised were doomed to eternal perdition.[206] According

to a decree of the Council of Mentz in 852, the penance imposed on the

mother was heavier if she killed an unbaptised than if she killed a

{412} baptised child.[207] In the year 1556, Henry II. of France made

a law which punished as a child-murderer any woman who had concealed

her pregnancy and delivery, and whose child was found dead, "privé,

tant du saint sacrement de baptesme, que sépulture publique et

accoustumée."[208] This statute--to which there is a counterpart in

England in the statute 21 Jac. I. c. 27,[209] and in the Scotch law of

1690, c. 21[210]--thus went so far as to constitute a presumptive

murder, avowedly under the influence of that Christian dogma to which

Mr. Lecky attributes, in the first instance, "the healthy sense of the

value and sanctity of infant life which so broadly distinguishes

Christian from Pagan societies."[211]

[Footnote 204: See Terme and Monfalcon, _Histoire des enfans trouvés_,

p. 67 _sqq._]

[Footnote 205: Justin Martyr, _Apologia I. pro Christianis_, 29, 27

(Migne, _Patrologiæ cursus_, Ser. Graeca, vi. 373 _sq._, 369 _sqq._).]

[Footnote 206: _Cf._ Spangenberg, in _Neues Archiv des Criminalrechts_,

iii. 20; Lecky, _History of European Morals_, ii. 23.]

[Footnote 207: _Canon Hludowici regis_, 9 (Pertz, _Monum. Germaniæ

historica_, iii. 413).]

[Footnote 208: Isambert, Decrusy, and Armet, _Recueil général des

anciennes lois françaises_, xiii. 472 _sq._]

[Footnote 209: Blackstone, _Commentaries on the Laws of England_,

iv. 198.]

[Footnote 210: Erskine, _Principles of the Law of Scotland_, p. 560.]

[Footnote 211: Lecky, _History of European Morals_, ii. 23.]

If the Pagans had been comparatively indifferent to the sufferings of

the exposed infant, the Christians became all the more cruel to the

unfortunate mother, who, perhaps in a fit of despair, had put to death

her new-born child. The Christian emperor Valentinian I. made

infanticide a capital offence.[212] According to the Coutume de

Loudunois, a mother who killed her child was burned.[213] In Germany

and Switzerland she was buried alive with a pale thrust through her

body;[214] this punishment was prescribed by the criminal code of

Charles V., side by side with drowning.[215] Until the end of the

eighteenth, or the beginning of the nineteenth, century, infanticide

was a capital crime everywhere in Europe, except in Russia.[216] Then,

under the influence of that rationalistic movement which compelled men

to rectify so many preconceived opinions,[217] it became manifest that

an unmarried woman {413} who destroyed her illegitimate child was not

in the same category as an ordinary murderess.[218] It was pointed out

that shame and fear, the excitement of mind, and the difficulty in

rearing the poor bastard, could induce the unfortunate mother to

commit a crime which she herself abhorred. That no notice had been

taken of all this, is explicable from the extreme severity with which

female unchastity was looked upon by the Church. At present most

European lawbooks do not punish infanticide committed by an unmarried

woman even nominally with death.[219] In France the law which regards

infanticide as an aggravated form of _meurtre_[220] has become a dead

letter;[221] and in England no woman seems for a long time to have

been executed for killing her new-born child under the distress of

mind and fear of shame caused by child-birth.[222]

[Footnote 212: _Codex Theodosianus_, ix. 14. 1. _Institutiones_,

ix. 16, 7.]

[Footnote 213: Tissot, _Le droit pénal_, ii. 40.]

[Footnote 214: Osenbrüggen, _Das alamannische Strafrecht im deutschen

Mittelalter_, p. 229 _sq._ _Idem_, _Studien zur deutschen und

schweizerischen Rechtsgeschichte_, p. 358.]

[Footnote 215: Charles V.'s _Peinliche Gerichts Ordnung_, art. 131.]

[Footnote 216: de Feyfer, _Verhandeling over den Kindermoord_, p. 225.

von Fabrice, _Die Lehre von der Kindsabtreibung und vom Kindsmord_,

p. 251.]

[Footnote 217: Berner, _Lehrbuch des Deutschen Strafrechtes_, p. 497.]

[Footnote 218: Bentham maintained (_Theory of Legislation_, p. 264

_sq._) that infanticide ought not to be punished as a principal

offence. "The offence," he says, "is what is improperly called the

death of an infant, who has ceased to be, before knowing what

existence is,--a result of a nature not to give the slightest

inquietude to the most timid imagination; and which can cause no

regrets but to the very person who, through a sentiment of shame and

pity, has refused to prolong a life begun under the auspices of

misery."]

[Footnote 219: de Feyfer, _op. cit._ p. 228. For modern legislation on

infanticide, see also Spangenberg, in _Neues Archiv des

Criminalrechts_, iii. 360 _sqq._; von Fabrice, _op. cit._ p. 254 _sqq._]

[Footnote 220: _Code Pénal_, art. 300, 302.]

[Footnote 221: Garraud, _Traité théoretique et pratique du droit pénal

français_, iv. 251.]

[Footnote 222: Stephen, _History of the Criminal Law of England_,

iii. 86.]

* * * * *

Hand in hand with the custom of infanticide goes feticide, which

prevails extensively in the savage world.[223] The same considerations

as induce savages to kill their new-born infants also induce them to

destroy the fetus before it has proceeded into the world from the

mother's body. Besides, women procure abortion with a view to avoiding

the disagreeable incidents accompanying the state of pregnancy; or,

very frequently, in order to conceal illicit intercourse.[224]

Considering that the same degree of sympathy cannot be felt with

regard to a child not yet born as with regard to an infant, it is not

surprising to find that feticide is practised without objection even

by {414} some peoples who never commit infanticide. Thus in Samoa,

where the latter practice was perfectly unknown, the destruction of

unborn children prevailed to a melancholy extent, and the same was the

case in the Mitchell Group.[225] Among the Dacotahs, who only

occasionally killed infants, abortion procured by artificial means was

not held objectionable.[226] On the other hand there are savages who

consider it a crime. Some Indian tribes in North America abhor the

practice.[227] The natives of Tenimber and Timor-laut punish it with

heavy fines.[228] Regarding the Kafirs, Mr. Warner states that "the

procuring of abortion, although universally practised by all classes

of females in Kafir society, is nevertheless a crime of considerable

magnitude in the eye of the Law; and when brought to the notice of the

Chief, a fine of four or five head of cattle is inflicted. The

accomplices are equally guilty with the female herself."[229]

[Footnote 223: Ploss, _Das Weib_, i. 842 _sqq._]

[Footnote 224: _Ibid._ i. 851 _sq._]

[Footnote 225: Turner, _Samoa_, pp. 79, 280.]

[Footnote 226: Schoolcraft, _Indian Tribes of the United States_, iii.

243. Keating, _op. cit._ i. 394.]

[Footnote 227: Ploss, _Das Weib_, i. 848.]

[Footnote 228: Riedel, _De sluik- en kroesharige rassen tusschen

Selebes en Papua_, p. 302.]

[Footnote 229: Warner, in Maclean, _Compendium of Kafir Laws and

Customs_, p. 62. _Cf._ Brownlee, _ibid._ p. 111; Holden, _Past and

Future of the Kaffir Races_, p. 334.]

Passing to more civilised nations, we notice that, among Hindus and

Muhammedans, artificial abortion is extremely common and is hardly

reprobated by public opinion, whatever religion or law may have to say

on the subject.[230] It is especially resorted to by unmarried women

as a means of escaping punishment and shame. "In a country like

India," says Dr. Chevers, "where true morality is almost unknown, but

where the laws of society exercise the most rigorous and vigilant

control imaginable over the conduct of females, and where six-sevenths

of the widows, whatever their age or position in life may be, are

absolutely debarred from re-marriage, and are compelled to rely upon

the uncertain support of their relatives, it is scarcely surprising

that great crimes should be frequently practised to conceal the

results of immorality, and that the procuring of criminal abortion

should, especially, be an act of {415} almost daily commission, and

should have become a trade among certain of the lower midwives."[231]

In Persia every illegitimate pregnancy ends with abortion; the act is

done almost publicly, and no obstacle is put in its way.[232] In

Turkey, both among the rich and poor, even married women very commonly

procure abortion after they have given birth to two children, one of

which is a boy; and the authorities regard the practice with

indifference.[233] In ancient Greece, as we have seen, feticide was

under certain circumstances recommended by Plato and Aristotle, in

preference to infanticide. In Rome it was prohibited by Septimius

Severus and Antoninus, but the prohibition seems to have referred only

to those married women who, by procuring abortion, defrauded their

husbands of children.[234] During the Pagan Empire, abortion was

extensively practised, either from poverty, or licentiousness, or

vanity; and, although severely disapproved of by some,[235] "it was

probably regarded by the average Romans of the later days of Paganism

much as Englishmen in the last century regarded convivial excesses, as

certainly wrong, but so venial as scarcely to deserve censure."[236]

Seneca thinks Helvia worthy of special praise because she had never

destroyed her expected child within her womb, "after the fashion of

many other women, whose attractions are to be found in their beauty

alone."[237] The Romans drew a broad line between feticide and

infanticide. An unborn child was not regarded by them as a human

being; it was a _spes animantis_, not an _infans_.[238] It was said to

be merely a part of the mother, as the fruit is a part of the tree

till it becomes ripe and falls down.[239]

[Footnote 230: _Laws of Manu_, v. 90; _Vish['n]u Purá['n]a_,

p. 207 _sq._]

[Footnote 231: Chevers, _op. cit._ p. 712.]

[Footnote 232: Polak, _Persien_, i. 217.]

[Footnote 233: Ploss, _Das Weib_, i. 846 _sq._]

[Footnote 234: _Digesta_, xlvii. 11. 4. _Cf._ Rein, _Criminalrecht der

Römer_, p. 447.]

[Footnote 235: Paulus, quoted in _Digesta_, xxv. 3, 4.]

[Footnote 236: Lecky, _History of European Morals_, ii. 21 _sq._]

[Footnote 237: Seneca, _Ad Helviam_, 16.]

[Footnote 238: Spangenberg, 'Verbrechen der Abtreibung der

Leibesfrucht,' in _Neues Archiv des Criminalrechts_, ii.

23.]

[Footnote 239: _Ibid._ ii. 22.]

Very different opinions were held by the Christians. A sanctity,

previously unheard of, was attached to human life from the very

beginning. Feticide was regarded as a {416} form of murder.

"Prevention of birth," says Tertullian, "is a precipitation of murder;

nor does it matter whether one take away a life when formed, or drive

it away while forming. He also is a man who is about to be one. Even

every fruit already exists in its seed."[240] St. Augustine, again,

makes a distinction between an embryo which has already been formed,

and an embryo as yet unformed. From the creation of Adam, he says, it

appears that the body is made before the soul. Before the embryo has

been endowed with a soul it is an _embryo informatus_, and its

artificial abortion is to be punished with a fine only; but the

_embryo formatus_ is an animate being, and to destroy it is nothing

less than murder, a crime punishable with death.[241] This distinction

between an animate and inanimate fetus was embodied both in Canon[242]

and Justinian law,[243] and passed subsequently into various

lawbooks.[244] And a woman who destroyed her animate embryo was

punished with death.[245]

[Footnote 240: Tertullian, _Apologeticus_, 9 (Migne _op. cit._

i. 319 _sq._).]

[Footnote 241: St. Augustine, _Questiones in Exodum_, 80; _Idem_,

_Questiones Veteris et Novi Testamenti_, 23 (Migne, _op. cit._

xxxiv.-xxxv. 626, 2229).]

[Footnote 242: Gratian, _Decretum_, ii. 32. 2. 8 _sq._]

[Footnote 243: As regards the time from which the fetus was considered

to be animate a curious distinction was drawn between the male and the

female fetus. The former was regarded as _animatus_ forty days after

its conception, the latter eighty days. This theory, however--which

was derived, as it seems, either from an absurd misinterpretation of

_Leviticus_, xii. 2-5, or from the views of Aristotle (_De animalibus

historiæ_, vii. 3; _cf._ Pliny, _Historia naturalis_, vii. 6)--was not

accepted by the glossarist of the Justinian Code, who fixed the

animation of the female, as well as of the male, fetus at forty days

after its conception; and this view was adopted by later jurists

(Spangenberg, in _Neues Archiv des Criminalrechts_, ii. 37 _sqq._).]

[Footnote 244: von Fabrice, _op. cit._ p. 202 _sq._ Berner, _op. cit._

p. 501. Wilda, _op. cit._ p. 720 _sqq._]

[Footnote 245: Fleta, i. 23. 12 (England). Charles V's _Peinliche

Gerichts Ordnung_, art. 133. Spangenberg in _Neues Archiv des

Criminalrechts_, ii. 16.]

The criminality of artificial abortion was increased by the belief

that an _embryo formatus_, being a person endowed with an immortal

soul, was in need of baptism for its salvation. In his highly esteemed

treatise De fide, written in the sixth century, St. Fulgentius says,

"It is to be believed beyond doubt, that not only men who are come to

the use of reason, but infants, whether they die in their mother's

womb, or after they are born, without baptism, {417} in the name of

the Father, Son, and Holy Ghost, are punished with everlasting

punishment in eternal fire, because though they have no actual sin of

their own, yet they carry along with them the condemnation of original

sin from their first conception and birth."[246] And in the Lex

Bajuwariorum this doctrine is expressly referred to in a paragraph

which prescribes a daily compensation for children killed in the womb

on account of the daily suffering of those children in hell.[247]

Subsequently, however, St. Fulgentius' dictum was called in question,

and no less a person than Thomas Aquinas suggested the possibility of

salvation for an infant who died before its birth.[248] Apart from

this, the doctrine that the life of an embryo is equally sacred with

the life of an infant was so much opposed to popular feelings, that

the law concerning feticide had to be altered. Modern legislation,

though treating the fetus as a distinct being from the moment of its

conception,[249] punishes criminal abortion less severely than

infanticide.[250] And the very frequent occurrence of this crime[251]

is an evidence of the comparative indifference with which it is

practically looked upon by large numbers of people in Christian

countries.

[Footnote 246: St. Fulgentius, _De fide_, 27 (Migne, _op. cit._

lxv. 701).]

[Footnote 247: _Lex Bajuwariorum_, viii. 21 (vii. 20).]

[Footnote 248: Lecky, _History of the Rise and Influence of the Spirit

of Rationalism in Europe_, i. 360, n. 2.]

[Footnote 249: Henke, _Lehrbuch der gerichtlichen Medicin_, 99, p. 75.

Berner, _op. cit._ p. 502.]

[Footnote 250: von Fabrice, _op. cit._ p. 199. For modern laws

referring to criminal abortion, see _ibid._ p. 206 _sqq._, and

Spangenberg, in _Neues Archiv des Criminalrechts_, ii. 178 _sqq._]

[Footnote 251: See Ploss, _Das Weib_, i. 848 _sqq._; Schmidt's

_Jahrbücher der in- und ausländischen Gesammten Medicin_, xciii. 97.]

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