Among the Todas of the Neilgherry Hills the "dairy man" or priest

is bound to a celibate existence;[65] and {409} among the Hindus,

in spite of the great honour in which marriage is held, celibacy

has always commanded respect in instances of extraordinary

sanctity.[66] Those of the Sanny[=a]sis who are known to lead

their lives in perfect celibacy receive on that account marks of

distinguished honour and respect.[67] Already the time-honoured

Indian institution of the four [=A]['s]ramas contained the germ

of monastic celibacy, the Brahmac[=a]rin, or student, being

obliged to observe absolute chastity during the whole course of

his study.[68] The idea was further developed in Jainism and

Buddhism. The Jain monk was to renounce all sexual pleasures,

"either with gods, or men, or animals"; not to give way to

sensuality; not to discuss topics relating to women; not to

contemplate the forms of women.[69] Buddhism regards sensuality

as altogether incompatible with wisdom and holiness; it is said

that "a wise man should avoid married life as if it were a

burning pit of live coals."[70] According to the legend, Buddha's

mother, who was the best and purest of the daughters of men, had

no other sons, and her conception was due to supernatural

causes.[71] One of the fundamental duties of monastic life, by an

infringement of which the guilty person brings about his

inevitable expulsion from Buddha's order, is that "an ordained

monk may not have sexual intercourse, not even with an

animal."[72] In Tibet some sects of the Lamas are allowed to

marry, but those who do not are considered more holy; and in

every sect the nuns must take a vow of absolute continence.[73]

The Buddhist priests of Ceylon are totally debarred from

women.[74] Chinese law enjoins celibacy on all priests, Buddhist

or Taouist.[75] And among the immortals of {410} Taouism there

are some women also, who have led an extraordinarily ascetic

life.[76]

[Footnote 65: Thurston, 'Anthropology of the Todas and Kotas,' in

the Madras Government Museum's _Bulletin_, i. 169, 170, 193.

Rivers, _Todas_, pp. 80, 99, 236.]

[Footnote 66: Monier-Williams, _Buddhism_, p. 88.]

[Footnote 67: Dubois, _op. cit._ p. 133. _Cf._ Monier-Williams,

_Br[=a]hmanism and Hind[=u]ism_, p. 261.]

[Footnote 68: Kern, _Manual of Indian Buddhism_, p. 73.]

[Footnote 69: Hopkins, _Religions of India_, p. 294.]

[Footnote 70: Dhammika-Sutta, 21, quoted by Monier-Williams,

_Buddhism_, p. 88.]

[Footnote 71: Rhys Davids, _Hibbert Lectures on Buddhism_, p. 148.]

[Footnote 72: Oldenberg, _Buddha_, p. 350 _sq._]

[Footnote 73: Wilson, _Abode of Snow_, p. 213.]

[Footnote 74: Percival, _Account of the Island of Ceylon_, p. 202.]

[Footnote 75: _Ta Tsing Leu Lee_, sec. cxiv. p. 118. Medhurst,

'Marriage in China,' in _Trans. Roy. Asiatic Soc. China Branch_,

iv. 18. Davis, _China_, ii. 53.]

[Footnote 76: Réville, _La Religion Chinoise_, p. 451 _sq._]

A small class of Hebrews held the idea that marriage is impure.

The Essenes, says Josephus, "reject pleasure as an evil, but

esteem continence and the conquest over our passions to be

virtue. They neglect wedlock."[77] This doctrine exercised no

influence on Judaism, but probably much upon Christianity. St.

Paul considered celibacy to be preferable to marriage. "He that

giveth her (his virgin) in marriage doeth well; but he that

giveth her not in marriage doeth better."[78] "It is good for a

man not to touch a woman. Nevertheless, to avoid fornication, let

each man have his own wife, and let each woman have her own

husband."[79] If the unmarried and widows cannot contain let them

marry, "for it is better to marry than to burn."[80] These and

other passages[81] in the New Testament inspired a general

enthusiasm for virginity. Commenting on the words of the Apostle,

Tertullian points out that what is better is not necessarily

good. It is better to lose one eye than two, but neither is good;

so also, though it is better to marry than to burn, it is far

better neither to marry nor to burn.[82] Marriage "consists of

that which is the essence of fornication";[83] whereas continence

"is a means whereby a man will traffic in a mighty substance of

sanctity."[84] The body which our Lord wore and in which He

carried on the conflict of life in this world He put on from a

holy virgin; and John the Baptist, Paul, and all the others

"whose names are in the book of life"[85] cherished and loved

virginity.[86] Virginity works miracles: Mary, the sister of

Moses, leading the female band, passed on {411} foot over the

straits of the sea, and by the same grace Thecla was reverenced

even by lions, so that the unfed beasts, lying at the feet of

their prey, underwent a holy fast, neither with wanton look nor

sharp claw venturing to harm the virgin.[87] Virginity is like a

spring flower, always softly exhaling immortality from its white

petals.[88] The Lord himself opens the kingdoms of the heavens to

eunuchs.[89] If Adam had preserved his obedience to the Creator

he would have lived for ever in a state of virgin purity, and

some harmless mode of vegetation would have peopled paradise with

a race of innocent and immortal beings.[90] It is true that,

though virginity is the shortest way to the camp of the faithful,

the way of matrimony also arrives there, by a longer circuit.[91]

Tertullian himself opposed the Marcionites, who prohibited

marriage among themselves and compelled those who were married to

separate before they were received by baptism into the

community.[92] And in the earlier part of the fourth century the

Council of Gangra expressly condemned anyone who maintained that

marriage prevented a Christian from entering the kingdom of

God.[93] But, at the end of the same century, a council also

excommunicated the monk Jovinian because he denied that virginity

was more meritorious than marriage.[94] The use of marriage was

permitted to man only as a necessary expedient for the

continuance of the human species, and as a restraint, {412}

however imperfect, on the natural licentiousness of desire.[95]

The procreation of children is the measure of a Christian's

indulgence in appetite, just as the husbandman throwing the seed

into the ground awaits the harvest, not sowing more upon it.[96]

[Footnote 77: Josephus, _De bello Judaico_, ii. 8. 2. See also

Solinus, _Collectanea rerum memorabilium_, xxxv. 9 _sq._]

[Footnote 78: _1 Corinthians_, vii. 38.]

[Footnote 79: _Ibid._ vii. 1 _sq._]

[Footnote 80: _Ibid._ vii. 9.]

[Footnote 81: _St. Matthew_, xix. 12. _Revelation_, xiv. 4; &c.]

[Footnote 82: Tertullian, _Ad uxorem_, i. 3 (Migne, _op. cit._ i.

1278 _sq._). _Idem_, _De monogamia_, 3 (Migne, ii. 932 _sq._).]

[Footnote 83: _Idem_, _De exhortatione castitatis_, 9 (Migne,

_op. cit._ ii. 925).]

[Footnote 84: _Idem_, _De exhortatione castitatis_, 10 (Migne,

_op. cit._ ii. 925).]

[Footnote 85: _Philippians_, iv. 3.]

[Footnote 86: St. Clement of Rome, _Epistola I. ad virgines_, 6

(Migne, _op. cit._ Ser. Græca, i. 392).]

[Footnote 87: St. Ambrose, _Epistola LXIII._ 34 (Migne, _op.

cit._ xvi. 1198 _sq._).]

[Footnote 88: Methodius, _Convivium decem virginum_, vii. 1

(Migne, _op. cit._ Ser. Græca, xviii. 125).]

[Footnote 89: Tertullian, _De monogamia_, 3 (Migne, _op. cit._

ii. 932).]

[Footnote 90: This opinion was held by Gregory of Nyssa and, in a

later time, by John of Damascus. It was opposed by Thomas

Aquinas, who maintained that the human race was from the

beginning propagated by means of sexual intercourse, but that

such intercourse was originally free from all carnal desire (von

Eicken, _Geschichte der mittelalterlichen Weltanschauung_, p. 437

_sq._; see also Gibbon, _History of the Decline and Fall of the

Roman Empire_, ii. 186).]

[Footnote 91: St. Ambrose, _Epistola LXIII._ 40 (Migne, _op.

cit._ xvi. 1200).]

[Footnote 92: Tertullian, _Adversus Marcionem_, i. 1, 29; iv. 11;

&c. (Migne, _op. cit._ ii. 247, 280 _sqq._, 382). _Idem_, _De

monogamia_, 1, 15 (Migne, ii. 931, 950). _Cf._ Irenaeus, _Contra

Hæreses_, i. 28. 1 (Migne, _op. cit._ Ser. Græca, vii. 690

_sq._); Clement of Alexandria, _Stromata_, iii. 3 (Migne, _op.

cit._ Ser. Græca, viii. 1113 _sqq._).]

[Footnote 93: _Concilium Gangrense_, can. 1 (Labbe-Mansi,

_Sacrorum Conciliorum collectio_, ii. 1106).]

[Footnote 94: _Concilium Mediolanense_, A.D. 390 (Labbe-Mansi,

_op. cit._ iii. 689 _sq._).]

[Footnote 95: St. Justin, _Apologia I. pro Christianis_, 29

(Migne, _op. cit._ Ser. Græca, vi. 373). Clement of Alexandria,

_Stromata_, ii. 23 (Migne, _op. cit._ Ser. Græca, viii. 1089).

Gibbon, _op. cit._ ii. 186.]

[Footnote 96: Athenagoras, _Legatio pro Christianis_, 33 (Migne,

_op. cit._ Ser. Græca, vi. 966).]

These opinions led by degrees to the obligatory celibacy of the

secular and regular clergy. The conviction that a second marriage

of a priest, or the marriage of a priest with a widow, is

unlawful, seems to have existed from the earliest period of the

Church;[97] and as early as the beginning of the fourth century a

synod held in Elvira in Spain insisted on the absolute continence

of the higher ecclesiastics.[98] The celibacy of the clergy in

general was prescribed by Gregory VII., who "looked with

abhorrence on the contamination of the holy sacerdotal character,

even in its lowest degree, by any sexual connection." But in many

countries this prescription was so strenuously resisted, that it

could not be carried through till late in the thirteenth century.[99]

[Footnote 97: Lea, _Sacerdotal Celibacy in the Christian Church_,

p. 37. Lecky, _History of European Morals_, ii. 328 _sq._]

[Footnote 98: _Concilium Eliberitanum_, A.D. 305, ch. 33

(Labbe-Mansi, _op. cit._ ii. 11):--"Placuit in totum prohiberi

episcopis, presbyteris, et diaconibus, vel omnibus clericis

positis in ministerio, abstinere se a conjugibus suis, et non

generare filios: quicumque vero fecerit, ab honore clericatus

exterminetur."]

[Footnote 99: Gieseler, _Text-Book of Ecclesiastical History_,

ii. 275. Milman, _History of Latin Christianity_, ii. 150.]

The practice of religious celibacy may be traced to several

sources. In many cases the priestess is obviously regarded as

married to the god whom she is serving, and is therefore

forbidden to marry anybody else. In ancient Peru the Sun was the

husband of the virgins dedicated to him.[100] They were obliged

to be of the same blood as their consort, that is to say,

daughters of the Incas. "For though they imagined that the Sun

had children, they considered that they ought not to be bastards,

with mixed divine and human blood. So the {413} virgins were of

necessity legitimate and of the blood royal, which was the same

as being of the family of the Sun."[101] And the crime of

violating the virgins dedicated to the Sun was the same and

punished in the same severe manner as the crime of violating the

women of the Inca.[102] Concerning the priestesses of the

Tshi-speaking peoples of the Gold Coast, Major Ellis remarks that

the reason for their celibacy appears to be that "a priestess

belongs to the god she serves, and therefore cannot become the

property of a man, as would be the case if she married one."[103]

So also the E[(w]e-speaking peoples of the Slave Coast regard the

women dedicated to a god as his wives.[104] In the great temple

of Jupiter Belus, we are told, a single woman used to sleep, whom

the god had chosen for himself out of all the women of the land;

and it was believed that he came down in person to sleep with

her. "This," Herodotus says, "is like the story told by the

Egyptians of what takes place in their city of Thebes, where a

woman always passes the night in the temple of the Theban

Jupiter. In each case the woman is said to be debarred all

intercourse with men."[105] In the Egyptian texts there are

frequent references to "the divine consort," _neter [h.]emt_, a

position which was generally occupied by the ruling queen, and

the king was believed to be the offspring of such a union.[106]

As Plutarch states, the Egyptians thought it quite possible for a

woman to be impregnated by the approach of some divine spirit,

though they denied that a man could have corporeal intercourse

with a goddess.[107] Nor was the idea of a nuptial relation

between a woman and the deity foreign to the early Christians.

St. Cyprian speaks of women who had no husband and lord but

Christ, with whom they lived in a spiritual matrimony--who had

"dedicated themselves to Christ, and, retiring from carnal {414}

lust, vowed themselves to God in flesh and spirit."[108] In the

following words he condemns the cohabitation of such virgins with

unmarried ecclesiastics, under the pretence of a purely spiritual

connection:--"If a husband come and see his wife lying with

another man, is he not indignant and maddened, and does he not in

the violence of his jealousy perhaps even seize the sword? What?

How indignant and angered then must Christ our Lord and Judge be,

when He sees a virgin, dedicated to Himself, and consecrated to

His holiness, lying with a man! and what punishments does He

threaten against such impure connections. . . . She who has been

guilty of this crime is an adulteress, not against a husband, but

Christ."[109] According to the gospel of Pseudo-Matthew, the

Virgin Mary had in a similar manner dedicated herself as a virgin

to God.[110] The idea that the deity is jealous of the chastity

of his or her servants may also perhaps be at the bottom of the

Greek custom according to which the hierophant and the other

priests of Demeter were restrained from conjugal intercourse and

washed their bodies with hemlock-juice in order to kill their

passions,[111] as also of the rule which required the priests of

certain goddesses to be eunuchs.[112]

[Footnote 100: Garcilasso de la Vega, _op. cit._ i. 297.]

[Footnote 101: _Ibid._ i. 292.]

[Footnote 102: _Ibid._ i. 300.]

[Footnote 103: Ellis, _Tshi-speaking Peoples_, p. 121.]

[Footnote 104: _Idem_, _E[(w]e-speaking Peoples_, pp. 140, 142.]

[Footnote 105: Herodotus, i. 181 _sq._]

[Footnote 106: Wiedemann, _Herodots zweites Buch_, p. 268. _Cf._

Erman, _Life in Ancient Egypt_, p. 295 _sq._]

[Footnote 107: Plutarch, _Numa_, iv. 5. _Idem_, _Symposiaca

problemata_, viii. 1. 6 _sq._]

[Footnote 108: St. Cyprian, _De habitu virginum_, 4, 22 (Migne,

_op. cit._ iv. 443, 462). _Cf._ Methodius, _Convivium decent

virginum_, vii. 1 (Migne, _op. cit._ Ser. Græca, xviii. 125).]

[Footnote 109: St. Cyprian, _Epistola LXII., ad Pomponium de

virginibus_, 3 _sq._ (Migne, _op. cit._ iv. 368 _sqq._). See also

Neander, _General History of the Christian Religion and Church_,

i. 378. The Council of Elvira decreed that such fallen virgins,

if they refused to return back to their former condition, should

be denied communion even at the moment of death (_Concilium

Eliberitanum_, A.D. 305, ch. 13 [Labbe-Mansi, _op. cit._ ii. 8]).]

[Footnote 110: _Gospel of Pseudo-Matthew_, 8 (_Ante-Nicene

Christian Library_, xvi. 25). See also _Gospel of the Nativity of

Mary_, 7 (_ibid._ xvi. 57 _sq._).]

[Footnote 111: Wachsmuth, _Hellenische Alterthumskunde_, ii. 560.]

[Footnote 112: _Cf._ Lactantius, _Divinæ Institutiones_, i. 17

(Migne, _op. cit._ vi. 206):--"Deum mater et amavit formosum

adolescentem, et eumdem cum pellice deprehensum exsectis

virilibus semivirum reddidit; et ideo nunc sacra ejus a Gallis

sacerdotibus celebrantur."]

Religious celibacy is further connected with the idea that sexual

intercourse is defiling. In Efate, of the New Hebrides, it is

regarded as something unclean.[113] The Tahitians believed that

if a man refrained from all connections with women some months

before death, he passed {415} immediately into his eternal

mansion without any purification.[114] Herodotus writes:--"As

often as a Babylonian has had intercourse with his wife, he sits

down before a censer of burning incense, and the woman sits

opposite to him. At dawn of day they wash; for till they are

washed they will not touch any of their common vessels. This

practice is also observed by the Arabs."[115] Among the Hebrews

both the man and woman had to bathe themselves in water, and were

"unclean until the even."[116] The idea that sexual intercourse

is unclean implies that some degree of supernatural danger is

connected with it;[117] and, as Mr. Crawley has pointed out, the

notion of danger may develop into that of sinfulness.[118] Where

woman is regarded as an unclean being[119] it is obvious that

intercourse with her should be considered polluting, but this is

not a sufficient explanation of the idea of sexual uncleanness. A

polluting effect is ascribed to any discharge of sexual

matter[120]--originally no doubt on account of its mysterious

propensities and the veil of mystery which surrounds the whole

sexual nature of man.

[Footnote 113: Macdonald, _Oceania_, p. 181.]

[Footnote 114: Cook, _Voyage to the Pacific Ocean_, ii. 164.]

[Footnote 115: Herodotus, i. 198.]

[Footnote 116: _Leviticus_, xv. 18.]

[Footnote 117: The danger attributed to sexual intercourse has

been much emphasised by Mr. Crawley in _The Mystic Rose_. See

also Westermarck, _Marriage Ceremonies in Morocco_.]

[Footnote 118: Crawley, _op. cit._ p. 214.]

[Footnote 119: See _supra_, i. 663 _sqq._]

[Footnote 120: Gregory III., _Judicia congrua p[oe]nitentibus_,

ch. 24 (Labbe-Mansi, _op. cit._ xii. 293):--"In somno peccans, si

ex cogitatione pollutus, viginti duos psalmos cantet: si in somno

peccans sine cogitatione, duodecim psalmos cantet."

_P[oe]nitentiale Pseudo-Theodori_, xxviii. 25 (Wasserschleben,

_Bussordnungen der abendländischen Kirche_, p. 600):--"Qui in

somno, non voluntate, pollutus sit, surgat, cantetque vii.

psalmos p[oe]nitentiales." _Cf._ _ibid._ xxviii. 6, 33

(Wasserschleben, p. 559 _sq._).]

The idea of sexual defilement is particularly conspicuous in

connection with religious observances. It is a common rule that

he who performs a sacred act or enters a holy place must be

ceremonially clean,[121] and no kind of uncleanness is to be

avoided more carefully than sexual pollution. Among the

Chippewyans, "if a chief is anxious to know the disposition of

his people towards him, or if he wishes to settle any difference

between them, he announces his intention of opening his

medicine-bag and smoking in his {416} sacred stem. . . . No one

can avoid attending on these occasions; but a person may attend

and be excused from assisting at the ceremonies, by acknowledging

that he has not undergone the necessary purification. The having

cohabited with his wife, or any other woman, within twenty-four

hours preceding the ceremony, renders him unclean, and,

consequently, disqualifies him from performing any part of

it."[122] Herodotus tells us that the Egyptians, like the Greeks,

"made it a point of religion to have no converse with women in

the sacred places, and not to enter them without washing, after

such converse."[123] This statement is corroborated by a passage

in the 'Book of the Dead.'[124] In Greece[125] and India[126]

those who took part in certain religious festivals were obliged

to be continent for some time previously. Before entering the

sanctuary of Mên Tyrannos, whose worship was extended over the

whole of Asia Minor, the worshipper had to abstain from garlic,

pork, and women, and had to wash his head.[127] Among the Hebrews

it was a duty incumbent upon all to be ritually clean before

entering the temple--to be free from sexual defilement,[128]

leprosy,[129] and the pollution produced by the association with

corpses of human beings, of all animals not permitted for food,

and of those permitted animals which had died a natural death or

been killed by wild beasts;[130] and eating of the consecrated

bread was interdicted to persons who had not been continent for

some time previously.[131] A Muhammedan would remove any defiled

garment before he commences his prayer, or otherwise abstain from

praying altogether; he would not dare to approach the sanctuary

of a saint in a state of sexual uncleanness; and sexual

intercourse is forbidden for those who make the pilgrimage to

Mecca.[132] {417} The Christians prescribed strict continence as

a preparation for baptism[133] and the partaking of the

Eucharist.[134] They further enjoined that no married persons

should participate in any of the great festivals of the Church if

the night before they had lain together;[135] and in the 'Vision'

of Alberic, dating from the twelfth century, a special place of

torture, consisting of a lake of mingled lead, pitch, and resin,

is represented as existing in hell for the punishment of married

people who have had intercourse on Sundays, church festivals, or

fast-days.[136] They abstained from the marriage-bed at other

times also, when they were disposed more freely to give

themselves to prayer.[137] Newly married couples were admonished

to practise continence during the wedding day and the night

following, out of reverence for the sacrament; and in some

instances their abstinence lasted even for two or three days.[138]

[Footnote 121: See _supra_, ii. 294, 295, 352 _sq._]

[Footnote 122: Mackenzie, _Voyages to the Frozen and Pacific

Oceans_, p. cii. _sq._]

[Footnote 123: Herodotus, ii. 64.]

[Footnote 124: Wiedemann, _Herodots zweites Buch_, p. 269 _sq._]

[Footnote 125: Wachsmuth, _op. cit._ ii. 560.]

[Footnote 126: Oldenberg, _Die Religion des Veda_, p. 411.]

[Footnote 127: Foucart, _Des associations religieuses chez les

Grecs_, pp. 119, 123 _sq._]

[Footnote 128: _Leviticus_, chs. xii., xv.]

[Footnote 129: _Ibid._ ch. xiii. _sq._]

[Footnote 130: _Ibid._ xi. 24 _sqq._; xvii. 15. _Numbers_, xix.

14 _sqq._ Montefiore, _Hibbert Lectures on the Religion of the

Ancient Hebrews_, p. 476.]

[Footnote 131: _1 Samuel_, xxi. 4 _sq._]

[Footnote 132: _Koran_, ii. 193.]

[Footnote 133: St. Augustine, _De fide et operibus_, vi. 8

(Migne, _op. cit._ xl. 202).]

[Footnote 134: St. Jerome, _Epistola XLVIII._ 15 (Migne, _op.

cit._ xxii. 505 _sq._).]

[Footnote 135: Lecky, _History of European Morals_, ii. 324. St.

Gregory the Great, _Dialogi_, i. 10 (Migne, _op. cit._ lxxvii.

200 _sq._).]

[Footnote 136: Albericus, _Visio_, ch. 5, p. 17. Delepierre,

_L'enfer décrit par ceux qui l'ont vu_, p. 57 _sq._ On this

subject see also Müller, _Das sexuelle Leben der christlichen

Kulturvölker_, pp. 52, 53, 120 _sq._]

[Footnote 137: St. Jerome, _Epistola XLVIII._ 15 (Migne, _op.

cit._ xxii. 505). Fleury, _Manners and Behaviour of the

Christians_, p. 75.]

[Footnote 138: Muratori, _Dissertazioni sopra le antichità

italiane_, 20, vol. i. 347.]

Holiness is a delicate quality which is easily destroyed if

anything polluting is brought into contact with the holy object

or person. The Moors believe that if anybody who is sexually

unclean enters a granary the grain will lose its _baraka_, or

holiness. A similar idea probably underlies the belief prevalent

among various peoples that incontinence, and especially illicit

love, injures the harvest.[139] In Efate, _namim_, or

uncleanness, supposed to be contracted in various emergencies,

was especially avoided {418} by the sacred men, because it was

believed to destroy their sacredness.[140] The priestly taboos,

of which Sir J. G. Frazer has given such an exhaustive account in

'The Golden Bough,' have undoubtedly in a large measure a similar

origin. Nay, it seems that pollution not only deprives the holy

person of his holiness, but is also supposed to injure him in a

more positive way. When the supreme pontiff in the kingdom of

Congo left his residence to visit other places within his

jurisdiction, all married people had to observe strict continence

the whole time he was out, as it was believed that any act of

incontinence would prove fatal to him.[141] In self-defence,

therefore, gods and holy persons try to prevent polluted

individuals from approaching them, and their worshippers are

naturally anxious to do the same. But apart from the resentment

which the sacred being would feel against the defiler, it appears

that holiness is supposed to react quite mechanically against

pollution, to the destruction or discomfort of the polluted

individual. All Moors are convinced that anyone who in a state of

sexual uncleanness dared to visit a saint's tomb would be struck

by the saint; but the Arabs of Dukkâla, in Southern Morocco, also

believe that if an unclean person rides a horse some accident

will happen to him on account of the _baraka_ with which the

horse is endowed. It should further be noticed that, owing to the

injurious effect of pollution upon holiness, an act generally

regarded as sacred would, if performed by an unclean individual,

lack that magic efficacy which otherwise would be ascribed to it.

Muhammed represented ceremonial cleanliness as "one-half of the

faith and the key of prayer."[142] The Moors say that a scribe is

afraid of evil spirits only when he is sexually unclean, because

then his reciting of passages of the Koran--the most powerful

weapon against such spirits--would be of no avail. The Syrian

philosopher Jamblichus {419} speaks of the belief that "the gods

do not hear him who invokes them, if he is impure from venereal

connections."[143] A similar notion prevailed among the early

Christians; with reference to a passage in the First Epistle of

the Corinthians,[144] Tertullian remarks that the Apostle added

the recommendation of a temporary abstinence for the sake of

adding an efficacy to prayers.[145] To the same class of beliefs

belongs the notion that a sacrificial victim should be clean and

without blemish.[146] The Chibchas of Bogota considered that the

most valuable sacrifice they could offer was that of a youth who

had never had intercourse with a woman.[147]

[Footnote 139: Frazer, _Golden Bough_, ii. 209 _sqq._ This is in

my opinion a more natural explanation than the one suggested by

Sir J. G. Frazer, namely, that uncivilised man imagines "that the

vigour which he refuses to expend in reproducing his own kind,

will form as it were a store of energy whereby other creatures,

whether vegetable or animal, will somehow benefit in propagating

their species." This theory entirely fails to account for the

fact that illicit love, by preference, is supposed to mar the

fertility of the earth and to blight the crops--a belief which is

in full accordance with my own explanation, in so far as such

love is considered particularly polluting.]

[Footnote 140: Macdonald, _Oceania_, p. 181.]

[Footnote 141: Labat, _Relation historique de l'Ethiopie

occidentale_, i. 259 _sq._]

[Footnote 142: Pool, _Studies in Mohammedanism_, p. 27.]

[Footnote 143: Jamblichus, _De mysteriis_, iv. 11.]

[Footnote 144: _1 Corinthians_, vii. 5.]

[Footnote 145: Tertullian, _De exhortatione castitatis_, 10

(Migne, _op. cit._ ii. 926).]

[Footnote 146: See _supra_, ii. 295 _sq._]

[Footnote 147: Simon, quoted by Waitz, _Anthropologie der

Naturvölker_, iv. 363. See _infra_, Additional Notes.]

If ceremonial cleanliness is required even of the ordinary

worshipper it is all the more indispensable in the case of a

priest;[148] and of all kinds of uncleanness none is to be more

carefully avoided than sexual pollution. Sometimes admission into

the priesthood is to be preceded by a period of continence.[149]

In the Marquesas Islands no one could become a priest without

having lived chastely for several years previously.[150] Among

the Tshi-speaking peoples of the Gold Coast men and women, in

order to become members of the priesthood, have to pass through a

long novitiate, generally from two to three years, during which

they live in retirement and are instructed by the priests in the

secrets of the craft; and "the people believe that, during this

period of retirement and study, the novices must keep their

bodies pure, and refrain from all commerce with the other

sex."[151] The Huichols of Mexico, again, are of opinion that a

man who wishes to become a shaman must be faithful to his wife

for five years, and that, if he violates this rule, he is sure to

be taken ill and will lose the power of healing.[152] In ancient

Mexico the priests, all {420} the time that they were employed in

the service of the temple, abstained from all other women but

their wives, and "even affected so much modesty and reserve, that

when they met a woman they fixed their eyes on the ground that

they might not see her. Any incontinence amongst the priests was

severely punished. The priest who, at Teohuacan, was convicted of

having violated his chastity, was delivered up by the priests to

the people, who at night killed him by the bastinado."[153] Among

the Kotas of the Neilgherry Hills the priests--who, unlike the

"dairymen" of their Toda neighbours are not celibates--are at the

great festival in honour of K[=a]matar[=a]ya forbidden to live or

hold intercourse with their wives for fear of pollution, and are

then even obliged to cook their meals themselves.[154] It seems

that, according to the Anatolian religion, married _hieroi_ had

to separate from their wives during the period they were serving

at the temple.[155] The Hebrew priest should avoid all

unchastity; he was not allowed to marry a harlot, or a profane,

or a divorced wife,[156] and the high-priest was also forbidden

to marry a widow.[157] Nay, even in a priest's daughter

unchastity was punished with excessive severity, because she had

profaned her father; she was to be burned.[158]

[Footnote 148: _Cf._ _supra_, ii. 352 _sq._]

[Footnote 149: _Cf._ Landtman, _op. cit._ p. 118 _sqq._]

[Footnote 150: Waitz-Gerland, _Anthropologie der Naturvölker_,

vi. 387.]

[Footnote 151: Ellis, _Tshi-speaking Peoples_, p. 120.]

[Footnote 152: Lumholtz, _Unknown Mexico_, ii. 236.]

[Footnote 153: Clavigero, _op. cit._ i. 274.]

[Footnote 154: Thurston, in the Madras Government Museum's

_Bulletin_, i. 193.]

[Footnote 155: Ramsay, _Cities and Bishoprics of Phrygia_, i.

136, 137, 150 _sq._]

[Footnote 156: _Leviticus_, xxi. 7.]

[Footnote 157: _Ibid._ xxi. 14.]

[Footnote 158: _Ibid._ xxi. 9.]

Carried further, the idea underlying all these rules and

practices led to the notions that celibacy is more pleasing to

God than marriage,[159] and that it is a religious duty for those

members of the community whose special office is to attend to the

sacred cult. For a nation like the Jews, whose ambition was to

live and to multiply, celibacy could never become an ideal;

whereas the Christians, who professed the most perfect

indifference to all earthly matters, found no difficulty in

glorifying a state which, however opposed it was to the interests

of the race and the nation, made men pre-eminently fit to

approach their god. Indeed, {421} far from being a benefit to the

kingdom of God by propagating the species, sexual intercourse was

on the contrary detrimental to it by being the great transmitter

of the sin of our first parents. This argument, however, was of a

comparatively late origin. Pelagius himself almost rivalled St.

Augustine in his praise of virginity, which he considered the

great test of that strength of free-will which he asserted to be

at most only weakened by the fall of Adam.[160]

[Footnote 159: _Cf._ _supra_, ii. 358.]

[Footnote 160: Milman, _op. cit._ i. 151, 153.]

Religious celibacy is, moreover, enjoined or commended as a means

of self-mortification supposed to appease an angry god, or with a

view to raising the spiritual nature of man by suppressing one of

the strongest of all sensual appetites. Thus we find in various

religions celibacy side by side with other ascetic observances

practised for similar purposes. Among the early Christians those

young women who took a vow of chastity "did not look upon

virginity as any thing if it were not attended with great

mortification, with silence, retirement, poverty, labour,

fastings, watchings, and continual praying. They were not

esteemed as virgins who would not deny themselves the common

diversions of the world, even the most innocent."[161] Tertullian

enumerates virginity, widowhood, and the modest restraint in

secret on the marriage-bed among those fragrant offerings

acceptable to God which the flesh performs to its own especial

suffering.[162] Finally, it was argued that marriage prevents a

person from serving God perfectly, because it induces him to

occupy himself too much with worldly things.[163] Though not

contrary to the act of charity or the love of God, says Thomas

Aquinas, it is nevertheless an obstacle to it.[164] This was one,

but certainly not the only, cause of the obligatory celibacy

which the Christian Church imposed upon her clergy.

[Footnote 161: Fleury, _op. cit._ p. 128 _sq._]

[Footnote 162: Tertullian, _De resurrectione carnis_, 8 (Migne,

_op. cit._ ii. 806).]

[Footnote 163: Vincentius Bellovacensis, _Speculum naturale_,

xxx. 43. See also von Eicken, _op. cit._ p. 445.]

[Footnote 164: Thomas Aquinas, _Summa theologica_, ii.-ii. 184. 3.]

CHAPTER XLII

FREE LOVE--ADULTERY

HARDLY less variable than the moral ideas relating to marriage

are those concerning sexual relations of a non-matrimonial

character.

Among many uncivilised peoples both sexes enjoy perfect freedom

previous to marriage, and in some cases it is considered almost

dishonourable for a girl to have no lover.

The East African Barea and Kunáma do not regard it as in the

least disreputable for a girl to become pregnant, nor do they

punish nor censure the seducer.[1] Among the Wanyoro "it

constantly happens that young girls spend the night with their

lovers, only returning to their father's house in the morning,

and this is not considered scandalous.**"[2] The Wadigo regard it

as disgraceful, or at least as ridiculous, for a girl to enter

into marriage as a virgin.[3] Among the Bakongo, "womanly

chastity is unknown, and a woman's honour is measured by the

price she costs."[4] Over nearly the whole of British Central

Africa, says Sir H. Johnston, "before a girl is become a woman

(that is to say before she is able to conceive) it is a matter of

absolute indifference what she does, and scarcely any girl

remains a virgin after about five years of age."[5] Among the

Baronga "l'opinion publique se moque des gens continents plus

qu'elle ne les admire."[6] According to Mr. Warner, "seduction of

virgins, and cohabiting with unmarried women and {423} widows,

are not punishable by Kafir law, neither does any disgrace attach

to either sex by committing such acts."[7] In Madagascar

"continence is not supposed to exist in either sex before

marriage, . . . and its absence is not regarded as a vice."[8]

Among the Maoris of New Zealand "girls were at perfect liberty to

act as they pleased until married," and chastity in single women

was held of little account.[9] In the Tonga Islands unmarried

women might bestow their favours upon whomsoever they pleased

without any opprobrium, although it was thought shameful for a

woman frequently to change her lover.[10] In the Solomon Islands

"female chastity is a virtue that would sound strangely in the

ear of the native"; and in St. Christoval and the adjacent

islands, "for two or three years after a girl has become eligible

for marriage she distributes her favours amongst all the young

men of the village."[11] In the Malay Archipelago intercourse

between unmarried people is very commonly considered neither a

crime nor a disgrace;[12] and the same is perhaps even more

generally the case among the uncivilised races of India and

Indo-China.[13] Among the Angami Nagas, for instance, "girls

consider short hair, the symbol of virginity, a disgrace, and are

anxious to become entitled to wear it long; men are desirous

before marriage to have proof that their wives will not be

barren. . . . Chastity begins with marriage."[14] The Jakuts see

nothing immoral in free love, provided only that nobody suffers

material loss by it.[15] Among the Votyaks it is disgraceful for

a girl to be little sought after by the young men, and it is

honourable for her to have children; she then gets a wealthier

husband, and a higher price is paid for her to her father.[16]

The Kamchadales set no great value on the virginity of their

brides.[17] Of the Point Barrow Eskimo Mr. Murdoch writes:--"As

to the relations between the sexes there seems to be the most

complete absence of what we consider moral feelings. Promiscuous

sexual {424} intercourse between married or unmarried people, or

even among children, appears to be looked upon simply as a matter

for amusement. As far as we could learn, unchastity in a girl was

considered nothing against her. The immorality of these people

among themselves, as we witnessed it, seems too purely animal and

natural to be of recent growth or the result of foreign

influence. Moreover, a similar state of affairs has been observed

among Eskimo elsewhere."[18]

[Footnote 1: Munzinger, _Ostafrikanische Studien_, p. 524.]

[Footnote 2: _Emin Pasha in Central Africa_, p. 82. _Cf._ _ibid._

p. 208 (Monbuttu).]

[Footnote 3: Baumann, _Usambara_, p. 152.]

[Footnote 4: Johnston, _British Central Africa_, p. 405.]

[Footnote 5: _Ibid._ p. 409, note.]

[Footnote 6: Junod, _Les Ba-Ronga_, p. 29.]

[Footnote 7: Warner, in Maclean, _Compendium of Kafir Laws_, p. 63.]

[Footnote 8: Ellis, _History of Madagascar_, i. 137 _sq._]

[Footnote 9: Taylor, _Te Ika a Maui_, p. 33. Gisborne, _Colony of

New Zealand_, p. 27.]

[Footnote 10: Mariner, _Natives of the Tonga Islands_, ii. 174.]

[Footnote 11: Guppy, _Solomon Islands_, p. 43.]

[Footnote 12: Wilken, 'Plechtigheden en gebruiken bij verlovingen

en huwelijken bij de volken van den Indischen Archipel,' in

_Bijdragen tot de taal- land- en volkenkunde van Nederlandsch-Indië_,

ser. v. vol. iv. 434 _sqq._]

[Footnote 13: Westermarck, _History of Human Marriage_, p. 71.

Crooke, _Tribes and Castes of the North-Western Provinces and

Oudh_, i. p. clxxxiv.]

[Footnote 14: Prain, 'Angami Nagas,' in _Revue coloniale

internationale_, v. 491 _sq._]

[Footnote 15: Sumner, in _Jour. Anthr. Inst._ xxxi. 96.]

[Footnote 16: Buch, 'Die Wotjäken,' in _Acta Soc. Scientiarum

Fennicæ_, xii. 509.]

[Footnote 17: Georgi, _Russia_, iii. 156.]

[Footnote 18: Murdoch, 'Ethnological Results of the Point Barrow

Expedition,' in _Ann. Rep. Bur. Ethn._ ix. 419 _sq._ See also

Turner, 'Ethnology of the the Ungava District,' in _Ann. Rep.

Bur. Ethn._ xi. 189 (Koksoagmyut); Parry, _Second Voyage for the

Discovery of a North-West Passage_, p. 529 (Eskimo of Igloolik

and Winter Island).]

Yet however commonly chastity is disregarded in the savage world,

we must not suppose that such disregard is anything like a

universal characteristic of the lower races. In a previous work I

have given a list of numerous savage and barbarous peoples among

whom unchastity before marriage is looked upon as a disgrace or a

crime for a woman, sometimes punishable with banishment from the

community or even with death;[19] and it is noteworthy that to

this group of peoples belong savages of so low a type as the

Veddahs of Ceylon,[20] the Igorrotes of Luzon,[21] and certain

Australian tribes.[22] I have also called attention to facts

which seem to prove that in several cases the wantonness of

savages is largely due to foreign influence. The pioneers of a

"higher civilisation" are very frequently unmarried men who go

out to make their living in uncivilised lands, and, though

unwilling to contract regular marriages with native women, they

have no objection to corrupting their morals.[23] Moreover, in

many tribes the {425} free intercourse which prevails between

unmarried people is not of a promiscuous nature, and leads

necessarily to marriage should the girl prove with child.[24]

Nay, among various uncivilised races not only the girl, but the

man who seduces her is subject to punishment or censure.

[Footnote 19: Westermarck, _op. cit._ p. 61 _sqq._]

[Footnote 20: Nevill, 'Vaeddas of Ceylon,' in _Taprobanian_, i. 178.]

[Footnote 21: Meyer, 'Igorrotes von Luzon,' in _Verhandl.

Berliner Gesellsch. f. Anthrop._ 1883, p. 384 _sq._ Blumentritt,

_Ethnographie der Philippinen_, p. 27.]

[Footnote 22: Westermarck, _op. cit._ p. 64 _sq._ Holden, in

Taplin, _Folklore of the South Australian Aborigines_, p. 19.]

[Footnote 23: It is strange to hear from a modern student of

anthropology, and especially from an Australian writer, that in

sexual licence the savage has never anything to learn and that

"all that the lower fringe of civilised men can do to harm the

uncivilised is to stoop to the level of the latter instead of

teaching them a better way" (Sutherland, _Origin and Growth of

the Moral Instinct_, i. 186). Mr. Edward Stephens ('Aborigines of

Australia,' in _Jour. & Proceed. Royal Soc. N. S. Wales_, xxiii.

480) has a very different story to tell with reference to the

tribes which once inhabited the Adelaide Plains in South Australia

and whose acquaintance he made more than half a century ago.]

[Footnote 24: Westermarck, _op. cit._ pp. 23, 24, 71.]

Among the East African Takue a seducer may have to pay the same

sum as if he had killed the girl, although the fine is generally

reduced to fifty cows.[25] Among the Beni Amer and Marea he is

killed, together with the girl and the child.[26] In Tessaua a

fine of 100,000 kurdi is imposed on the father of a bastard

child.[27] Among the Beni Mzab a man who seduces a girl has to

pay two hundred francs and is banished for four years.[28] Among

the Tedâ he is exposed to the revenge of her father.[29] The

Baziba look upon illegitimate intercourse between the sexes as

the most serious offence, though no action is taken until the

birth of a child; "then the man and woman are bound hand and foot

and thrown into Lake Victoria."[30] Among the Bakoki, whilst the

girl was driven from home and remained for ever after an outcast,

the man was fined three cows to her father and one to the

chief.[31] Certain West African savages described by Mr. Winwood

Reade, who banish from the clan a girl guilty of wantonness,

inflict severe flogging on the seducer.[32] In Dahomey a man who

seduces a girl is compelled by law to marry her and to pay eighty

cowries to the parent or master.[33] Among some Kafir tribes the

father or guardian of a woman who becomes pregnant can demand a

fine of one head of cattle from the father of the child;[34]

whilst in the Gaika tribe the mere seduction of a virgin incurs

the fine of three or four head of cattle.[35] Casalis mentions an

interesting custom prevalent among the Basutos, which on the one

hand illustrates the belief that sexual intercourse in certain

circumstances exposes a person to supernatural danger, and on the

other hand indicates that unchastity in unmarried men is not

looked upon with perfect indifference:--Immediately after the

birth of a child the fire of the dwelling was kindled afresh.

"For this purpose it was necessary that a young man of chaste

habits should rub two {426} pieces of wood quickly one against

another, until a flame sprung up, pure as himself. It was firmly

believed that a premature death awaited him who should dare to

take upon himself this office, after having lost his innocence.

As soon, therefore, as a birth was proclaimed in the village, the

fathers took their sons to undergo the ordeal. Those who felt

themselves guilty confessed their crime, and submitted to be

scourged rather than expose themselves to the consequences of a

fatal temerity."[36] Livingstone, speaking of the good name which

was given to him by the Bakwains, observes:--"No one ever gains

much influence in this country without purity and uprightness.

The acts of a stranger are keenly scrutinised by both young and

old, and seldom is the judgment pronounced, even by the heathen,

unfair or uncharitable. I have heard women speaking in admiration

of a white man, because he was pure, and never was guilty of any

secret immorality. Had he been, they would have known it, and,

untutored heathen though they be, would have despised him in

consequence."[37]

[Footnote 25: Munzinger, _Ostafrikanische Studien_, p. 208.]

[Footnote 26: _Ibid._ p. 322.]

[Footnote 27: Barth, _Reisen in Nord- und Central-Afrika_, ii. 18.]

[Footnote 28: Chavanne, _Die Sahara_, p. 315.]

[Footnote 29: Nachtigal, _Sahara und Sudan_, i. 449.]

[Footnote 30: Cunningham, _Uganda_, p. 290.]

[Footnote 31: _Ibid._ p. 102.]

[Footnote 32: Reade, _Savage Africa_, p. 261.]

[Footnote 33: Forbes, _Dahomey_, i. 26.]

[Footnote 34: Warner, in Maclean, _op. cit._ p. 64.]

[Footnote 35: Brownlee, _ibid._ p. 112.]

[Footnote 36: Casalis, _Basutos_, p. 267 _sq._]

[Footnote 37: Livingstone, _Missionary Travels_, p. 513.]

Of the Australian Maroura tribe, Lower Darling, we are told that

before the advent of the whites "their laws were strict,

especially those regarding young men and young women. It was

almost death to a young lad or man who had sexual intercourse

till married."[38] Among various tribes in Western Victoria

"illegitimacy is rare, and is looked upon with such abhorrence

that the mother is always severely beaten by her relatives, and

sometimes put to death and burned. Her child is occasionally

killed and burned with her. The father of the child is also

punished with the greatest severity, and occasionally killed."[39]

[Footnote 38: Holden, in Taplin, _Folklore of the South

Australian Aborigines_, p. 19.]

[Footnote 39: Dawson, _Australian Aborigines_, p. 28.]

In Nias the pregnancy of an unmarried girl is punished with

death, inflicted not only upon her but upon the seducer as

well.[40] Among the Bódo and Dhimáls of India chastity is prized

in man and woman, married and unmarried.[41] Among the Tunguses

"in irregular amours only the men are punished," the seducer

being obliged either to purchase the girl at a certain price or,

if he refuses, to submit to corporal punishment.[42] Among the

Thlinkets, "if unmarried women prove frail the partner of their

guilt, if discovered, is bound to make reparation to the parents,

soothing their wounded honour with handsome {427} presents."[43]

In certain North American tribes the seducer is said to be viewed

with even more contempt than the girl whom he has dishonoured.[44]

[Footnote 40: Wilken, in _Bijdragen tot de taal- land- en

volkenkunde van Nederlandsch-Indië_, ser. v. vol. iv. 444.]

[Footnote 41: Hodgson, _Miscellaneous Essays_, i. 123.]

[Footnote 42: Georgi, _op. cit._ iii. 84.]

[Footnote 43: Douglas, quoted by Petroff, _Report on Alaska_,

p. 177.]

[Footnote 44: Westermarck, _op. cit._ p. 66.]

Passing to more advanced races, we find that chastity is regarded

as a duty for unmarried women, whilst a different standard of

morality is generally applied to men. "Confucianism," says Mr.

Griffis, "virtually admits two standards of morality, one for

man, another for woman. . . . Chastity is a female virtue, it is

a part of womanly duty, it has little or no relation to man

personally."[45] Yet it is held up as an ideal even to men. It is

said that in youth, when the physical powers are not yet settled,

the superior man guards against lust.[46] Though licentious in

their habits, the Chinese exalt and dignify chastity as a means

of bringing the soul and body nearer to the highest

excellence;[47] one of their proverbs even maintains that "of the

myriad vices, lust is the worst."[48] Chastity for its own sake,

when defended by a woman at the expense of her life, meets with a

reward at the hands of the Government. "If a woman"--so the

Ordinances run--"be compelled by her husband to prostitute

herself for money, and takes her own life in order to preserve

her chastity, or if an unmarried virgin loses her life in

defending herself against violation, an honorary gate shall be

erected in each case near the door of the paternal dwelling."[49]

According to the Chinese Penal Code, "criminal intercourse by

mutual consent with an unmarried woman shall be punished with

seventy blows," whilst the punishment for such intercourse with a

married woman is eighty blows.[50]

[Footnote 45: Griffis, _Religions of Japan_, p. 149.]

[Footnote 46: _Lun Yü_, xvi. 7.]

[Footnote 47: Wells Williams, _Middle Kingdom_, ii. 193.]

[Footnote 48: Smith, _Proverbs of the Chinese_, p. 256.]

[Footnote 49: de Groot, _Religious System of China_, (vol. ii.

book) i. 752 _sq._]

[Footnote 50: _Ta Tsing Leu Lee_, sec. ccclxvi. p. 404.]

Among the ancient Hebrews fornication was forbidden to women[51]

but not to men. The action of Judah towards the supposed harlot

on the way to Timnath is mentioned {428} as the most natural

thing in the world,[52] even though the perpetrator was a man of

wealth and position, a man whom his brethren "shall praise" and

before whom his "father's children shall bow down."[53]

Throughout the Muhammedan world chastity is regarded as an

essential duty for a woman.[54] In Persia an unmarried girl who

gave birth to a child would surely be killed.[55] Among the

Fellaheen of Egypt a father or brother in most instances punishes

an unmarried daughter or sister who has been guilty of

incontinence by throwing her into the Nile with a stone tied to

her neck, or cutting her to pieces, and then throwing her remains

into the river.[56] Among the Jbâla and Rif Berbers of Morocco

she is also frequently killed. For unmarried men, on the other

hand, chastity is by Muhammedans at most looked upon as an ideal,

almost out of reach. The Caliph Ali said that "with a man who is

modest and chaste nobody should find fault."[57] We are told that

the Muhammedans of India consider it inconceivable that a Moslem

should have illicit intercourse with a free Muhammedan woman;[58]

but connections with slave girls are regarded in a different light.

[Footnote 51: _Leviticus_, xix. 29. _Deuteronomy_, xxiii. 18.]

[Footnote 52: _Genesis_, xxxviii. 15 _sqq._]

[Footnote 53: _Ibid._ xlix. 8.]

[Footnote 54: Burton, _Sindh_, p. 295.]

[Footnote 55: Polak, _Persien_, i. 217.]

[Footnote 56: Lane, _Manners and Customs of the Modern

Egyptians_, p. 209.]

[Footnote 57: Ameer Ali, _Ethics of Islâm_, p. 30.]

[Footnote 58: Lane-Poole, _Studies in a Mosque_, p. 106.]

Among the Hindus sexual impurity is scarcely considered a sin in

the men, but "in females nothing is held more execrable or

abominable. The unhappy inhabitants of houses of ill fame are

looked upon as the most degraded of the human species."[59] In

one of the Pahlavi texts continence is recommended from the point

of view of prudence:--"Commit no lustfulness, so that harm and

regret may not reach thee from thine own actions."[60] But in

Zoroastrianism, also, chastity is chiefly a female duty. It is

written in the Avesta, "Any woman that has given up her body to

two men in one day is sooner to be killed than a wolf, a lion, or

a snake."[61]

[Footnote 59: _Calcutta Review_, ii. 23. Dubois, _Description of

the Character, &c. of the People of India_, p. 193. _Cf._ _Laws

of Manu_, ix. 51 _sq._]

[Footnote 60: _Dînâ-î Maînôg-î Khirad_, ii. 23 _sq._]

[Footnote 61: Darmesteter, in _Sacred Books of the East_, iv.

206, n. 1.]

{429} Among the ancient Teutons an unmarried woman who belonged

to an honourable family was severely punished for going wrong,

and the seducer was exposed to the revenge of her family, or had

to pay compensation for his deed.[62] The yet un-Romanised

Saxons, down to the days of St. Boniface, compelled a maiden who

had dishonoured her father's house, as well as an adulteress, to

hang herself, after which her body was burned and her paramour

hung over the blazing pile; or she was scourged or cut with

knives by all the women of the village till she was dead.[63]

[Footnote 62: Brunner, _Deutsche Rechtsgeschichte_, ii. 659

_sqq._ Wilda, _Strafrecht der Germanen_, p. 799 _sqq._ Nordström,

_Bidrag till den svenska samhälls-författningens historia_, ii.

67. Maurer, _Bekehrung des Norwegischen Stammes_, ii. 154.]

[Footnote 63: Milman, _History of Latin Christianity_, ii. 54.]

In Greece the chastity of an unmarried girl was anxiously

guarded.[64] According to Athenian law, the relatives of a maiden

who had lost her virtue could with impunity kill the seducer on

the spot.[65] Virginity was an object of worship. Chastity was

the pre-eminent attribute of sanctity ascribed to Athene and

Artemis, and the Parthenon, or virgin's temple, was the noblest

religious edifice of Athens.[66] It is true that a certain class

of courtesans occupied a remarkably high position in the social

life of Greece, being admired and sought after even by the

principal men. But they did so on account of their extraordinary

beauty or their intellectual superiority; to the Greek mind the

moral standard was by no means the only standard of excellence.

The Romans, on the other hand, regarded the courtesan class with

much contempt.[67] In A.D. 19 the profligacy of women was checked

by stringent enactments, and it was provided that no woman whose

grandfather, father, or husband had been a Roman knight should

get money by prostitution. [68] The names of prostitutes had to

be published on the aedile's list, as Tacitus says, "according to

a recognised custom {430} of our ancestors, who considered it a

sufficient punishment on unchaste women to have to profess their

shame."[69] But both in Rome and Greece pre-nuptial unchastity in

men, when it was not excessive[70] or did not take some

especially offensive form, was hardly censured by public

opinion.[71] The elder Cato expressly justified it.[72] Cicero

says:--"If there be any one who thinks that youth is to be wholly

interdicted from amours with courtesans, he certainly is very

strict indeed. I cannot deny what he says; but still he is at

variance not only with the licence of the present age, but even

with the habits of our ancestors, and with what they used to

consider allowable. For when was the time that men were not used

to act in this manner? When was such conduct found fault with?

When was it not permitted? When, in short, was the time when that

which is lawful was not lawful?"[73] Epictetus only went a little

step further. He said to his disciples:--"Concerning sexual

pleasures, it is right to be pure before marriage, as much as in

you lies. But if you indulge in them, let it be according to what

is lawful. But do not in any case make yourself disagreeable to

those who use such pleasures, nor be fond of reproving them, nor

of putting yourself forward as not using them."[74] Here chastity

in men is at all events recognised as an ideal. But even in pagan

antiquity there were a few who enjoined it as a duty.[75]

Musonius Rufus emphatically asserted that no union of the sexes

other than marriage was permissible,[76] and Dio Chrysostom

desired prostitution to be suppressed by law.[77] Similar

opinions grew up in connection with the Neo-Platonic and

Neo-Pythagorean philosophies, and may be traced back to the

ancient masters themselves. We are told that Pythagoras

inculcated the virtue of {431} chastity so successfully that when

ten of his disciples, being attacked, might have escaped by

crossing a bean-field, they died to a man rather than tread down

the beans, which were supposed to have a mystic affinity with the

seat of impure desires.[78] Plato, again, is in favour of a law

to the effect that "no one shall venture to touch any person of

the freeborn or noble class except his wedded wife, or sow the

unconsecrated and bastard seed among harlots, or in barren and

unnatural lusts." Our citizens, he says, ought not to be worse

than birds and beasts, which live without intercourse, pure and

chaste, until the age for procreation, and afterwards, when they

have arrived at that period and the male has paired with the

female and the female with the male, "live the rest of their

lives in holiness and innocence, abiding firmly in their original

compact."[79]

[Footnote 64: See Denis, _Histoire des théories et des idées

morales dans l'antiquité_, i. 69 _sq._]

[Footnote 65: Schmidt, _Die Ethik der alten Griechen_, ii. 193.]

[Footnote 66: See Lecky, _History of European Morals_, i. 105.]

[Footnote 67: _Ibid._ ii. 300.]

[Footnote 68: Tacitus, _Annales_, ii. 85.]

[Footnote 69: Tacitus, _Annales_, ii. 85.]

[Footnote 70: Valerius Maximus (_Facta dictaque memorabilia_, ii.

5. 6) praises "frugalitas" as "immoderato Veneris usu aversa."]

[Footnote 71: Lecky, _op. cit._ ii. 314.]

[Footnote 72: Horace, _Satiræ_, i. 2. 31 _sq._]

[Footnote 73: Cicero, _Pro C[oe]lio_, 20 (48).]

[Footnote 74: Epictetus, _Enchiridion_, xxxiii. 8.]

[Footnote 75: Denis, _op. cit._ ii. 133 _sqq._]

[Footnote 76: Musonius Rufus, quoted by Stobæus, _Florilegium_,

vi. 61.]

[Footnote 77: Denis, _op. cit._ ii. 149 _sqq._]

[Footnote 78: Jamblichus, _De Pythagorica vita_, 31 (191). _Cf._

Jevons, in Plutarch's _Romane Questions_, p. lxxxviii. _sq._]

[Footnote 79: Plato, _Leges_, viii. 840 _sq._ _Cf._ Xenophon,

_Memorabilia_, i. 3. 8.]

Much stronger was the censure which Christianity passed on

pre-nuptial connections. While looking with suspicion even on the

life-long union of one man with one woman, the Church pronounced

all other forms of sexual intercourse to be mortal sins. In its

Penitentials sins of unchastity were the favourite topic; and its

horror of them finds an echo in the secular legislation of the

first Christian emperors. Panders were condemned to have molten

lead poured down their throats.[80] In the case of forcible

seduction both the man and woman, if she consented to the act,

were put to death.[81] Even the innocent offspring of illicit

intercourse were punished for their parents' sins with ignominy

and loss of certain rights which belonged to other, more

respectable, members of the Church and the State.[82] Persons of

different sex {432} who were not united in wedlock were forbidden

by the Church to kiss each other; nay, the sexual desire itself,

though unaccompanied by any external act, was regarded as sinful

in the unmarried.[83] In this standard of purity no difference of

sex was recognised, the same obligations being imposed upon man

and woman.[84]

[Footnote 80: Lecky, _op. cit._ ii. 316.]

[Footnote 81: _Codex Theodosianus_, ix. 24. 1.]

[Footnote 82: _Concilium Claromontanum_, A.D. 1095, can. 11

(Labbe-Mansi, _Sacrorum Conciliorum collectio_, xx. 817):--"Ut

nulli filii concubinarum ad ordines vel aliquos honores

ecclesiasticos promoveantur, nisi monchaliter vel canonice

vixerint in ecclesia." See also _supra_, i. 47.]

[Footnote 83: "Perit ergo et ipsa mente virginitas." Katz,

_Grundriss des kanonischen Strafrechts_, p. 114 _sq._ For the

subject of kissing see also Thomas Aquinas, _Summa theologica_,

ii.-ii. 154. 4.]

[Footnote 84: Laurent, _Études sur l'histoire de l'Humanité_,

iv. 114.]

In this, as in so many other points of morals, however, there is

a considerable discrepancy between Christian doctrine and public

opinion in Christian countries. The gross and open immorality of

the Middle Ages indicates how little the idea of sexual purity

entered into the manners and opinions of the people. The

influence of the ascetic doctrine of the Church was in fact quite

contrary to its aspirations. The institution of clerical celibacy

lowered the estimation of virtue by promoting vice. During the

Middle Ages unchastity was regarded as an object of ridicule

rather than censure, and in the comic literature of that period

the clergy are universally represented as the great corrupters of

domestic virtue.[85] Whether the tenet of chastity laid down by

the code of Chivalry was taken more seriously may be fairly

doubted. A knight, it was said, should be abstinent and

chaste;[86] he should love only the virtues, talents, and graces

of his lady;[87] and love was defined as the "chaste union of two

hearts by virtue wrought."[88] But whilst the knight had certain

claims as regards the virtue of his lady, whilst he probably was

inclined to draw his sword only for a woman of fair reputation,

and whilst he himself professed to aspire only to her lip or

hand, we have reason to believe that the amours in which he

indulged with her were of a far less delicate kind. Sainte-Palaye

observes, "Jamais {433} on ne vit les m[oe]urs plus corrompues

que du temps de nos Chevaliers, et jamais le règne de la débauche

ne fut plus universel."[89] For a mediæval knight the chief

object of life was love. He who did not understand how to win a

lady was but half a man; and the difference between a lover and a

seducer was apparently slight. The character of the seducer, as

Mr. Lecky remarks, and especially of the passionless seducer who

pursues his career simply as a kind of sport, and under the

influence of no stronger motive than vanity or a spirit of

adventure, has for many centuries been glorified and idealised in

the popular literature of Christendom in a manner to which there

is no parallel in antiquity.[90]

[Footnote 85: Wright, _Essays on Archæological Subjects_, ii.

238. _Cf._ _Idem_, _History of Domestic Manners and Sentiments in

England during the Middle Ages_, pp. 54, 281, 420.]

[Footnote 86: _Book of the Ordre of Chyualry_, fol. 40.]

[Footnote 87: Sainte-Palaye, _Mémoires sur l'ancienne

Chevalerie_, ii. 17.]

[Footnote 88: Mills, _History of Chivalry_, i. 214 _sq._]

[Footnote 89: Sainte-Palaye, _op. cit._ ii. 19. _Cf._ Walter

Scott, 'Essay on Chivalry,' in _Miscellaneous Prose Works_, vi.

48 _sq._]

[Footnote 90: Lecky, _op. cit._ ii. 346. _Cf._ Delécluze, _Roland

ou la Chevalerie_, i. 356.]

The Reformation brought about some change for the better, if in

no other respect at least by making marriage lawful for a large

class of people to whom illicit love had previously been the only

means of gratifying a natural desire, and by abolishing the

monasteries. In fits of religious enthusiasm even the secular

legislators busied themselves with acts of incontinence in which

two unmarried adults of different sex were consenting parties. In

the days of the Commonwealth, according to an act of 1650, in

cases of less serious breach of chastity than adultery and

incest, each man or woman was for each offence to be committed to

the common gaol for three months, and to find sureties for good

behaviour during a whole year afterwards.[91] In Scotland, after

the Reformation, fornication was punished with a severity nearly

equal to that which attended the infraction of the marriage

vow.[92] But the fate of these and similar laws has been either

to be repealed or to become inactive.[93] For ordinary acts of

incontinence public opinion is, practically at least, the only

judge. In the case of female unchastity its sentence is {434}

severe enough among the upper ranks of society, whilst, so far as

the lower classes are concerned, it varies considerably even in

different parts of the same country, and is in many cases

regarded as venial. As to similar acts committed by unmarried

men, the words which Cicero uttered on behalf of C[oe]lius might

be repeated by any modern advocate who, in defending his client,

ventured frankly to express the popular opinion on the subject.

It seems to me that with regard to sexual relations between

unmarried men and women Christianity has done little more than

establish a standard which, though accepted perhaps in theory, is

hardly recognised by the feelings of the large majority of

people--or at least of men--in Christian communities, and has

introduced the vice of hypocrisy, which apparently was little

known in sexual matters by pagan antiquity.

[Footnote 91: Pike, _History of Crime in England_, ii. 182.]

[Footnote 92: Rogers, _Social Life in Scotland_, ii. 242.]

[Footnote 93: See Pike, _op. cit._ ii. 582; Hume, _Commentaries

on the Law of Scotland_, ii. 333.]

Why has sexual intercourse between unmarried people, if both

parties consent, come to be regarded as wrong? Why are the moral

opinions relating to it subject to so great variations? Why is

the standard commonly so different for man and woman? We shall

now try to find an answer to these questions.

If marriage, as I am inclined to suppose, is based on an instinct

derived from some ape-like progenitor, it would from the

beginning be regarded as the natural form of sexual intercourse

in the human race, whilst other more transitory connections would

appear abnormal and consequently be disapproved of. I am not

certain whether some feeling of this sort, however vague, is not

still very general in the race. But it has been more or less or

almost totally suppressed by social conditions which make it in

most cases impossible for men to marry at the first outbreak of

the sexual passion. We have thus to seek for some other

explanation of the severe censure passed on pre-nuptial connections.

It seems to me obvious that this censure is chiefly due to the

preference which a man gives to a virgin bride. As I have shown

in another place, such a preference is a {435} fact of very

common occurrence.[94] It partly springs from a feeling akin to

jealousy towards women who have had previous connections with

other men, partly from the warm response a man expects from a

woman whose appetites he is the first to gratify, and largely

from an instinctive appreciation of female coyness. Each sex is

attracted by the distinctive characteristics of the opposite sex,

and coyness is a female quality. In mankind, as among other

mammals, the female requires to be courted, often endeavouring

for a long time to escape from the male. Not only in civilised

countries may courtship mean a prolonged making of love to the

woman. Mariner's words with reference to the women of Tonga hold

true of a great many, if not all, savage and barbarous races of

men. "It must not be supposed," he says, "that these women are

always easily won; the greatest attentions and most fervent

solicitations are sometimes requisite, even though there be no

other lover in the way."[95] The marriage ceremonies of many

peoples bear testimony to the same fact. One origin of the form

of capture is the resistance of the pursued woman, due to

coyness, partly real and partly assumed.[96] On the East Coast of

Greenland, for instance, the only method of contracting a

marriage is for a man to go to the girl's tent, catch her by her

hair or anything else which offers a hold, and drag her off to

his dwelling without further ado; violent scenes are often the

result, as single women always affect the utmost bashfulness and

aversion to any proposal of marriage, lest they should lose their

reputation for modesty.[97] It is certainly not the woman who

most readily yields to the desires of a man that is most

attractive to him; as an ancient writer puts it, all men love

seasoned dishes, not plain meats, or plainly dressed {436} fish,

and it is modesty that gives the bloom to beauty.[98] Conspicuous

eagerness in a woman appears to a man unwomanly, repulsive,

contemptible. His ideal is the virgin; the libertine he despises.

[Footnote 94: Westermarck, _op. cit._ p. 123 _sq._]

[Footnote 95: Mariner, _op. cit._ ii. 174. _Cf._ Fritsch, _Die

Eingeborenen Süd-Afrika's_, p. 445 (Bushmans).]

[Footnote 96: _Cf._ Spencer, _Principles of Sociology_, i. 623

_sq._; _Idem_, in _Fortnightly Review_, xxi. 897 _sq._;

Westermarck, _op. cit._ p. 388; Grosse, _Die Formen der Familie_,

p. 107; Crawley, _The Mystic Rose_, p. 305 _sq._]

[Footnote 97: Nansen, _First Crossing of Greenland_, i. 316 _sqq._]

[Footnote 98: Athenæus, _Deipnosophistæ_, xiii. 16.]

Where marriage is the customary form of sexual intercourse

pre-nuptial incontinence in a woman, as suggesting lack of

coyness and modesty, is therefore apt to disgrace her. At the

same time it is a disgrace to, and consequently an offence

against, her family, especially where the ties of kinship are

strong. Moreover, where wives are purchased the unchaste girl, by

lowering her market value, deprives her father or parents of part

of their property. Among the Tshi-speaking peoples of the Gold

Coast, says Major Ellis, "chastity _per se_ is not understood. An

unmarried girl is expected to be chaste because virginity

possesses a marketable value, and were she to be unchaste her

parents would receive little and perhaps no head-money for

her."[99] Among the Rendile of Eastern Africa, we are told, the

unchastity of unmarried girls meets with severe retribution, the

girl invariably being driven out from her home, for the sole and

simple reason that her market value to her parents has been

decreased.[100] The same commercial point of view is expressed in

the Mosaic rule:--"If a man entice a maid that is not betrothed,

and lie with her, he shall surely endow her to be his wife. If

her father utterly refuse to give her unto him, he shall pay

money according to the dowry of virgins."[101] But the girl is

not the only offender. Whilst the disgrace of incontinence falls

on her alone, the offence against her relatives is divided

between her and the seducer. Speaking of the presents which,

among the Thlinkets, a man is bound to give to the parents of the

girl whom he has seduced, Sir James Douglas observes, "The

offender is simply regarded as a robber, who has committed

depredation on their merchandise, their only anxiety being to

make the {437} damages exacted as heavy as possible."[102]

Marriage by purchase has thus raised the standard of female

chastity, and also, to some extent, checked the incontinence of

the men. But it can certainly not be regarded as the sole cause

of the duty of chastity where such a duty is recognised by

savages. Among the Veddahs, who do not make their daughters

objects of traffic,[103] the unmarried girls are nevertheless

protected by their natural guardians "with the keenest sense of

honour."[104] In many of the instances quoted above where a

seduction is followed by more or less serious consequences for

the seducer, the penalty he has to pay is evidently something

else than the mere market value of the girl.

[Footnote 99: Ellis, _Tshi-speaking Peoples_, p. 286.]

[Footnote 100: Chanler, _Through Jungle and Desert_, p. 317.]

[Footnote 101: _Exodus_, xxii. 16 _sq._]

[Footnote 102: Douglas, quoted by Petroff, _op. cit._ p. 177.]

[Footnote 103: Le Mesurier, 'Veddás of Ceylon,' in _Jour. Roy.

Asiatic Soc. Ceylon Branch_, ix. 340. Hartshorne, 'Weddas,' in

_Indian Antiquary_, viii. 320.]

[Footnote 104: Nevill, 'Vaeddas of Ceylon,' in _Taprobanian_,

i. 178.]

Thus the men, by demanding that the women whom they marry shall

be virgins, indirectly give rise to the demand that they

themselves shall abstain from certain forms of incontinence. From

my collection of facts relating to savages I find that in the

majority of cases where chastity is required of unmarried girls

the seducer also is considered guilty of a crime. But, as was

just pointed out, his act is judged from a more limited point of

view. It is chiefly, if not exclusively, regarded as an offence

against the parents or family of the girl; chastity _per se_ is

hardly required of savage men. Where prostitution exists they may

without censure gratify their passions among its victims. Now, to

anybody who duly reflects upon the matter it is clear that the

seducer does a wrong to the woman also; but I find no indication

that this idea occurs at all to the savage mind. Where the

seducer is censured the girl also is censured, being regarded not

as the injured party but as an injurer. Even in the case of rape

the harm done to the girl herself is little thought of. Among the

Tonga Islanders "rape, providing it be not upon a married woman

or one to whom respect is due on the score of {438} superior rank

from the perpetrator, is considered not as a crime but as a

matter of indifference."[105] The same is the case in the Pelew

Islands.[106] In the laws of the Rejangs of Sumatra referring to

this offence, "there is hardly anything considered but the value

of the girl's person to her relations, as a mere vendible

commodity."[107] Among the Asiniboin, a Siouan tribe, the

punishment for rape is based on the principle that the price of

the woman has been depreciated, that the chances of marriage have

been lessened, and that the act is an insult to her kindred, as

implying contempt of their feelings and their power of

protection.[108] Even the Teutons in early days hardly severed

rape from abduction, the kinsmen of the woman feeling themselves

equally wronged in either case.[109] If the girl's feelings are

thus disregarded when she is an unwilling victim of violence, it

can hardly be expected that she should be an object of pity when

she is a consenting partner. Does not public opinion in the midst

of civilisation turn against the dishonoured rather than the

dishonourer?

[Footnote 105: Mariner, _op. cit._ ii. 107.]

[Footnote 106: Kubary, 'Die Verbrechen und das Strafverfahren auf

den Pelau-Inseln,' in _Original-Mittheil. aus der ethnol.

Abtheil. der königl. Museen Berlin_, i. 78.]

[Footnote 107: Crawfurd, _History of the Indian Archipelago_,

iii. 130.]

[Footnote 108: Dorsey, 'Siouan Sociology,' in _Ann. Rep. Bur.

Ethn._ xv. 226.]

[Footnote 109: Brunner, _Deutsche Rechtsgeschichte_ ii. 666.

Pollock and Maitland, _History of English Law before the Time of

Edward I._ ii. 490. According to Salic law, the fine for the rape

of an _ingenua puella_ was 62½ solidi, or only a little higher

than the fine for a connection with her to which she herself

consented (_Lex Salica_, Herold's text, xiv. 4; xv. 3); whereas

the fine for adultery with a free woman was 200 solidi (_ibid._

xv. 1).]

There is yet another party to be considered, namely, the

offspring. One would imagine that to every thinking mind, not

altogether destitute of sympathetic feelings, the question what

is likely to happen to the child if the woman becomes pregnant

should present itself as one of the greatest gravity. But in

judging of matters relating to sexual morality men have generally

made little use of their reason and been guilty of much

thoughtless cruelty. Although marriage has come into existence

solely for the sake of the offspring, it rarely happens that in

sexual relations much unselfish thought is bestowed upon unborn

{439} individuals. Legal provisions in favour of illegitimate

children have made men somewhat more careful, for their own sake,

but they have also nourished the idea that the responsibility of

fatherhood may be bought off by the small sum the man has to pay

for the support of his natural child. Custom or law may exempt

him even from this duty. We are told that in Tahiti the father

might kill a bastard child, but that, if he suffered it to live,

he was _eo ipso_ considered to be married to its mother.[110]

This custom, it would seem, is hardly more inhuman than the

famous law according to which "la recherche de la paternité est

interdite."[111]

[Footnote 110: Cook, _Voyage to the Pacific Ocean_, ii. 157.]

[Footnote 111: _Code Napoléon_, § 340.]

The great authority on the ethics of Roman Catholicism tries to

prove that simple fornication is a mortal sin chiefly because it

"tends to the hurt of the life of the child who is to be born of

such intercourse," or more generally, because "it is contrary to

the good of the offspring."[112] But this tender care for the

welfare of illegitimate children seems strange when we consider

the manner in which such children have been treated by the Roman

Catholic Church herself. It is obvious that the extreme horror of

fornication which is expressed in the Christian doctrine is in

the main a result of the same ascetic principle which declared

celibacy superior to marriage and tolerated marriage only because

it could not be suppressed.

[Footnote 112: Thomas Aquinas, _Summa theologica_, ii.-ii. 154. 2.]

Moral ideas concerning unchastity have also been influenced by

the close association which exists in a refined mind between the

sexual impulse and a sentiment of affection which lasts long

after the gratification of the bodily desire. We find the germ of

this feeling in the abhorrence with which prostitution is

regarded by savage tribes who have no objection to ordinary

sexual intercourse previous to marriage,[113] and in the

distinction which among ourselves is drawn between the prostitute

and the woman {440} who yields to temptation because she loves.

To indulge in mere sexual pleasure, unaccompanied by higher

feelings, appears brutal and disgusting in the case of a man, and

still more so in the case of a woman. After all, love is

generally only an episode in a man's life, whereas for a woman it

is the whole of her life.[114] The Greek orator said that in the

moment when a woman loses her chastity her mind is changed.[115]

On the other hand, when a man and a woman, tied to each other by

deep and genuine affection, decide to live together as husband

and wife, though not joined in legal wedlock, the censure which

public opinion passes upon their conduct seems to an unprejudiced

mind justifiable at most only in so far as it may be considered

to have been their duty to comply with the laws of their country

and to submit to a rule of some social importance.

[Footnote 113: _E.g._, the Chittagong Hill tribes (Lewin, _Wild

Races of South-Eastern India_, p. 348). _Cf._ Westermarck, _op.

cit._ p. 70 _sq._]

[Footnote 114: _Cf._ Simmel, _Einleitung in die Moralwissenschaft_,

i. 201; Paulsen, _System der Ethik_, ii. 274.]

[Footnote 115: Lysias, quoted by Schmidt, _Die Ethik der alten

Griechen_, i. 273.]

Sexual intercourse between unmarried persons of opposite sex is

thus regarded as wrong from different points of view under

different conditions, social or psychical, and all of these

conditions are not in any considerable degree combined at any

special stage of civilisation. Sometimes the opinions on the

subject are greatly influenced by the institution of marriage by

purchase, sometimes they are influenced by the refinement of

love; and between such causes there can be no co-operation. This

is one reason for the singular complexity which characterises the

evolution of the duty of chastity; but there is another reason

perhaps even more important. The causes to which this duty may be

traced are frequently checked by circumstances operating in an

opposite direction. Thus the preference which a man is naturally

disposed to give to a virgin bride may be overcome by his desire

for offspring, inducing him to marry a woman who has proved

capable of gratifying this desire.[116] It may also be

ineffective for the simple reason that no virgin bride is to be

found. Nothing has more generally prevented chastity {441} from

being recognised as a duty than social conditions promoting

licentious habits. Even in savage society, where almost every man

and every woman marry and most of them marry early in life, there

are always a great number of unmarried people of both sexes above

the age of puberty; and, generally speaking, the number of the

unmarried increases along with the progress of civilisation. This

state of things easily leads to incontinence in men and women,

and where such incontinence becomes habitual it can hardly incur

much censure. Again, where the general standard of female

chastity is high, the standard of male chastity may nevertheless

be the lowest possible. This is the case where there is a class

of women who can no longer be dishonoured, because they have

already been dishonoured, whose virtue is of no value either to

themselves or their families because they have lost their virtue,

and who make incontinence their livelihood. Prostitution, being a

safeguard of female chastity, has facilitated the enforcement of

the rule which enjoins it as a duty, but at the same time it has

increased the inequality of obligations imposed on men and women.

It has begun to exercise this influence already at the lower

stages of culture. Prostitution is by no means unknown in the

savage world.[117] It is a recognised institution in many of the

Melanesian islands; "at Santa Cruz," says Dr. Codrington, "where

the separation of the sexes is so carefully maintained, there are

certainly public courtesans."[118] Prostitution prevails in many

or most Negro countries;[119] and so favourably, we are told, is

this institution sometimes regarded, that rich Negro ladies on

their death-beds buy female slaves and present them to the

public, "in the same manner as in England they would have left a

legacy to some public charity."[120] The Wanyoro even have a

{442} definite system of prostitution, governed by stringent laws

which seem to be very old.[121] In Greenland, where it was

"reckoned the greatest of infamies" for an unmarried woman to

become pregnant,[122] there were professional harlots already in

early times;[123] and the same was the case among many of the

North American Indians.[124] Thus among the Omahas

extra-matrimonial intercourse is, as a rule, practised only with

public women, called _minckeda_; and "so strict are the Omahas

about these matters, that a young girl or even a married woman

walking or riding alone, would be ruined in character, being

liable to be taken for a _minckeda_, and addressed as such."[125]

Public prostitution was tolerated, if not encouraged, among all

the Maya nations, whilst intercourse with other unmarried women

was punished with a fine or, if the affronted relatives insisted,

with death.[126] "In order to avoid greater evils," the Incas of

Peru permitted public prostitutes, who were treated with extreme

contempt;[127] but, with this exception, "to be lewd with single

women was capital."[128] Among all the civilised nations of the

Old World prostitution has existed, and still exists, as a

tolerated institution, even where legislators have endeavoured to

suppress it.[129] Its prevalence in our modern society greatly

increases the perplexity of public opinion in regard to sexual

morality. Its victims are degraded and despised beyond

description. At the same time their male customers {443} are

tacitly allowed to support the trade. That the demand for a

merchandise increases the production of it is in this case seldom

thought of. But secrecy must be observed. In sexual matters

openness is indecent, and the chief crime is to be found out.

[Footnote 116: See _supra_, ii. 423.]

[Footnote 117: See, _e.g._, Tutuila, 'Line Islanders,' in _Jour.

Polynesian Soc._ i. 270; Powell, _Wanderings in a Wild Country_,

p. 261 (natives of New Britain); Davis, _El Gringo_, p. 221

(Indians of New Mexico); Ploss-Bartels, _Das Weib_, i. 536, 540

_sqq._]

[Footnote 118: Codrington, _Melanesians_, p. 234 _sqq._]

[Footnote 119: _Emin Pasha in Central Africa_, p. 88.]

[Footnote 120: Reade, _Savage Africa_, p. 547 _sq._]

[Footnote 121: _Emin Pasha in Central Africa_, p. 87. Wilson and

Felkin, _Uganda_, ii. 49.]

[Footnote 122: Egede, _Description of Greenland_, p. 141.]

[Footnote 123: Cranz, _History of Greenland_, i. 176.]

[Footnote 124: Carver, _Travels through the Interior Parts of

North America_, p. 375.]

[Footnote 125: Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur.

Ethn._ iii. 365.]

[Footnote 126: Bancroft, _Native Races of the Pacific States_,

ii. 676, 659.]

[Footnote 127: Garcilasso de la Vega, _First Part of the Royal

Commentaries of the Yncas_, i. 321 _sq._]

[Footnote 128: Herrera, _General History of the West Indies_,

iv. 340.]

[Footnote 129: Dufour, _Histoire de la prostitution_, _passim_.

Doolittle, _Social Life of the Chinese_, i. 348. Wilkins, _Modern

Hinduism_, p. 412. Polak, 'Die Prostitution in Persien,' in

_Wiener Medizinische Wochenschrift_, xi. 516, 517, 563 _sqq._

Lane, _Modern Egyptians_, i. 150. Weinhold, _Altnordisches

Leben_, p. 259 (ancient Scandinavians). Desmaze, _Les pénalités

anciennes_, p. 61 _sq._ n. 4; Mackintosh, _History of

Civilisation in Scotland_, i. 428 (Middle Ages); &c. Since the

thirteenth century even the Church tolerated the establishment of

brothels in the larger cities (Müller, _Das sexuelle Leben der

christlichen Kulturvölker_, p. 149).]

There is, moreover, a form of religious prostitution, just as

there is religious celibacy. In fact, the two customs are

sometimes very closely connected with one another. Among the

E[(w]e-speaking peoples of the Slave Coast the chief business of

the female _kosi_, or wife of the god to whom she is dedicated,

is prostitution. "In every town there is at least one institution

in which the best-looking girls, between ten and twelve years of

age, are received. Here they remain for three years, learning the

chants and dances peculiar to the worship of the gods, and

prostituting themselves to the priests and the inmates of the

male seminaries; and at the termination of their novitiate they

become public prostitutes. This condition, however, is not

regarded as one for reproach; they are considered to be married

to the god, and their excesses are supposed to be caused and

directed by him. Properly speaking, their libertinage should be

confined to the male worshippers at the temple of the god, but

practically it is indiscriminate. Children who are born from such

unions belong to the god."[130] So also the priestesses on the

Gold Coast, though not allowed to marry, are by no means debarred

from sexual intercourse. They "are ordinarily most licentious,

and custom allows them to gratify their passions with any man who

may chance to take their fancy. A priestess who is favourably

impressed by a man sends for him to her house, and this command

he is sure to obey, through fear of the consequences of exciting

her anger. She then tells him that the god she serves has

directed her to love him, and the man thereupon lives with her

until she grows tired of him, or a new object takes her fancy.

Some priestesses have as many as half a dozen men in their train

at one time, and may on great occasions be seen walking {444} in

state, followed by them. Their life is one continual record of

debauchery and sensuality, and when excited by the dance they

frequently abandon themselves to the wildest excesses."[131] It

seems that the "wife" of the Egyptian god at Thebes also in time

became a libertine; Strabo tells us that the beautiful woman who

was dedicated to him had sexual intercourse with any man she

chose "till the natural purification of her body took place,"

after which she was given to a man.[132] In India every Hindu

temple of any importance has its dancing girls, whose position is

inferior only to that of the sacrificers.[133] Thus at

J[)u]g[)u]nnat'h[)u]-ksh[)u]tr[)u] in Orissa a number of women of

infamous character are employed to dance and sing before the god.

They live in separate houses, not at the temple. The Brahmins who

officiate there continually have adulterous connections with

them, and these women also prostitute themselves to

visitors.[134] In the Canaanitish cults there were women, called

_[k.]ed[=e]sh[=o]th_, who were consecrated to the deity with

whose temple they were associated, and who at the same time acted

as prostitutes.[135] At the local shrines of North Israel the

worship of Yahveh itself was deeply affected by these

practices;[136] but they were forbidden in the Deuteronomic

code.[137] Perhaps this temple prostitution may be accounted for

by a belief that it bestowed blessings upon the worshippers.

According to notions which prevail to this day in countries with

Semitic culture, sexual intercourse with a holy person is

regarded as beneficial to him or her who indulges in it.[138]

[Footnote 130: Ellis, _E[(w]e-speaking Peoples_, p. 141.]

[Footnote 131: Ellis, _Tshi-speaking Peoples_, p. 121 _sq._]

[Footnote 132: Strabo, _Geographica_, xvii. i. 46. _Cf._

Wiedemann, _Herodots zweites Buch_, p. 269.]

[Footnote 133: Warneck, quoted by Ploss-Bartels, _op. cit._ i. 534.]

[Footnote 134: Ward, _View of the History, &c. of the Hindoos_,

ii. 134.]

[Footnote 135: Driver, _Commentary on Deuteronomy_, p. 264.

Cheyne, 'Harlot,' in Cheyne and Black, _Encyclopædia Biblica_,

ii. 1965.]

[Footnote 136: _Hosea_, iv. 14. _Cf._ Cheyne, in _Encyclopædia

Biblica_, ii. 1965.]

[Footnote 137: _Deuteronomy_, xxiii. 17 _sq._]

[Footnote 138: See Westermarck, _The Moorish Conception of

Holiness (Baraka)_, p. 85.]

Of a somewhat different character was the religious prostitution

which prevailed in ancient Babylonia, in connection with the

worship of Ishtar. Herodotus says that every woman born in that

country was obliged once in her {445} life to go and sit down in

the precinct of Aphrodite, and there consort with a stranger. A

woman who had once taken her seat was not allowed to return home

till one of the strangers threw a silver coin into her lap, and

took her with him beyond the holy ground. The silver coin could

not be refused because, since once thrown, it was sacred. The

woman went with the first man who threw her money, rejecting no

one. When she had gone with him, and so satisfied the goddess,

she returned home, and from that time forth no gift, however

great, would prevail with her.[139] Several allusions in

cuneiform literature to the sacred prostitution carried on at

Babylonian temples confirm Herodotus' statement in general.[140]

A cult very similar to this was also found in certain parts of

the island of Cyprus,[141] at Heliopolis in Syria,[142] and at

Byblus.[143] In the worship of Anaitis the Armenians even of the

highest families prostituted their own daughters at least once in

their lives, nor was this regarded as any bar to an honourable

marriage afterwards.[144] Although such practices were generally

excluded from the ordinary Greek worships of Aphrodite,

unchastity in the temple cult of that goddess is reported to have

occurred at Corinth[145] and in the city of the Locri

Epizephyrii, who, according to the story, vowed to consecrate

their daughters to this service in order to gain the goddess's

aid in a war.[146]

[Footnote 139: Herodotus, i. 199.]

[Footnote 140: Jeremias, _Izdubar-Nimrod_, p. 59 _sq._ Jastrow,

_Religion of Babylonia and Assyria_, p. 475 _sq._ Mürdter-Delitzsch,

_Geschichte Babyloniens_, p. 41.]

[Footnote 141: Herodotus, i. 199. Athenæus, _Deipnosophistæ_,

xii. 11, p. 516 a.]

[Footnote 142: Socrates, _Historia ecclesiastica_, 18 (Migne,

_op. cit._ Ser. Græca, lxvii. 123). Sozomen, _Historia

ecclesiastica_, v. 10 (Migne, Ser. Græca, lxvii. 1243). Eusebius,

_Vita Constantini_, iii. 58 (Migne, Ser. Græca, xx. 1124).]

[Footnote 143: Lucian, _De Syria Dea_, 6.]

[Footnote 144: Strabo, xi. 14. 16.]

[Footnote 145: _Ibid._ viii. 6. 20.]

[Footnote 146: Farnell, _Cults of the Greek States_, ii. 636.

Athenæus, xii. 11, p. 516 a.]

Various theories have been set forth to explain the religious

prostitution of the Babylonian type. It has been interpreted as

an expiation for individual marriage, as a temporary recognition

of pre-existing communal rights at a time when "communal

marriage" in the full sense of the term had already ceased to

exist.[147] It {446} has been supposed to be nothing but ordinary

immorality practised under the cloak of religion.[148] It has

been represented as a form of sacrifice, either as a first-fruit

offering[149] or as an act by which a worshipper sacrifices her

most precious possession to the deity.[150] To Dr. Farnell it

seems to be "a special modification of a wide-spread custom, the

custom of destroying virginity before marriage so that the

bridegroom's intercourse should be safe from a peril that is much

dreaded by men in a certain stage of culture; and here, as in

other ritual," he adds, "it is the stranger that takes the peril

upon himself."[151] But why should the stranger have been more

willing than the bridegroom to expose himself to this danger?

Considering that the act was performed at the temple of the

goddess of fecundity, I think its object most probably was to

ensure fertility in the woman; this, in fact, is directly

indicated by the words which the stranger, according to

Herodotus, uttered when he threw the silver coin into her

lap:--"The goddess Mylitta prosper thee!"[152] And from what has

been said in a previous chapter about the semi-supernatural

character ascribed to strangers, about the efficacy of their

blessings and the benefits expected from their love,[153] we can

see why a stranger was appointed to confer the blessing upon the

girl.[154]

[Footnote 147: Avebury, _Origin of Civilisation_, p. 559.]

[Footnote 148: Jeremias, _Izdubar-Nimrod_, p. 60.]

[Footnote 149: Wiedemann, _Herodots zweites Buch_, p. 267 _sq._]

[Footnote 150: Curtiss, _Primitive Semitic Religion To-day_,

p. 155.]

[Footnote 151: Farnell, 'Sociological Hypotheses concerning the

Position of Women in Ancient Religion,' in _Archiv f.

Religionswiss._ vii. 88.]

[Footnote 152: Herodotus, i. 199.]

[Footnote 153: _Supra_, i. ch. xxiv.]

[Footnote 154: Since the present chapter was in type, some fresh

attempts have been made to explain this religious prostitution.

Sir J. G. Frazer (_Adonis Attis Osiris_, p. 23 _sq._) regards it

as a rite intended to ensure the fruitfulness of the ground and

the increase of man and beast on the principle of hom[oe]opathic

magic. A very similar opinion has been expressed by Dr. Havelock

Ellis ('Ursprung und Entwicklung der Prostitution,' in

_Mutterschutz_, iii. fasc. 1 _sq._). According to Mr. Hartland,

again ('Concerning the Rite at the Temple of Mylitta,' in

_Anthropological Essays presented to E. B. Tylor_, p. 189

_sqq._), it was a puberty rite involving a sacrifice of virginity

to which every woman was subjected. [My own theory has

subsequently been accepted by van Gennep, _Les rites de passage_,

p. 242 _sq._]]

Among ourselves an act of incontinence assumes a {447} different

aspect if one of the parties, either the man or the woman, is

married. Involving a breach of faith, adultery is an offence

against him or her to whom faith is due, and at the same time the

seducer commits an offence against the husband of the adulteress.

But here again our own views are not universally shared.

Although it is hard to understand that the seducer could ever be

regarded as guiltless, we are told that among a few peoples

adultery is not held to be wrong;[155] and Mr. Morgan states that

among the Iroquois "punishment was inflicted upon the woman

alone, who was supposed to be the only offender."[156] But these

cases are certainly quite exceptional. In a savage tribe a

seducer may be thankful if he escapes by paying to the injured

husband the value of the bride or some other fine, or if the

penalty is reduced to a flogging, to his head being shaved, his

ears cut off, one of his eyes destroyed, or his legs speared.

Very commonly he has to pay with his life. We have seen that even

among many peoples who generally prohibit self-redress an

adulterer may be put to death by the aggrieved husband,

especially if he be caught _flagrante delicto_;[157] and in other

cases he may be subject to capital punishment, in the proper

sense of the word.[158] In Albania, even in our days, custom not

only allows, but compels, the injured husband to kill the

adulterer.[159] Hebrew law enjoined the man who committed

adultery with another man's wife to be put to death;[160] and

Christian legislators followed the example. Constantine

celebrated his new zeal for the sacramental idea of marriage by

establishing the punishment of death for the seducer;[161]

adultery was in point of {448} heinousness assimilated to murder,

idolatry, and sorcery.[162] Various mediæval law-books punished

the seducer with death;[163] whilst in Scotland notorious and

manifest adultery was made capital as late as 1563.[164] This

extreme severity, however, has been followed by extreme leniency.

In Scotland, though adultery kept its place in the statute-book

as a heinous and in some cases a capital crime, prosecution for

it had ceased for many years before the time of Baron Hume;[165]

and in England it is no crime at all in the eyes of the law, only

an ecclesiastical offence.

[Footnote 155: Davis, _El Gringo_, p. 221 _sq._ (Indians of New

Mexico). Adair, _History of the American Indians_, p. 146

(Cherokees). Krasheninnikoff, _History of Kamschatka_, p. 204.

Prejevalsky, _Mongolia_, i. 70 (Mongols). Colquhoun, _Amongst the

Shans_, p. 75 (Yendalines, one of the Karen tribes). Chanler,

_op. cit._ p. 317 (Rendile in Eastern Africa). Lichtenstein,

_Travels in Southern Africa_, ii. 48 (Bushmans).]

[Footnote 156: Morgan, _League of the Iroquois_, p. 331.]

[Footnote 157: _Supra_, i. 290 _sqq._]

[Footnote 158: _Supra_, i. 189.]

[Footnote 159: Hahn, _Albanesische Studien_, i. 177.]

[Footnote 160: _Leviticus_, xx. 10. _Deuteronomy_, xxii. 22.]

[Footnote 161: _Codex Justinianus_, ix. 9. 29. 4.]

[Footnote 162: _Codex Theodosianus_, xi. 36. i. St. Basil, quoted

by Bingham, _Works_, vi. 432 _sq._]

[Footnote 163: Du Boys, _Histoire du droit criminel des peuples

modernes_, ii. 606. _Idem_, _Histoire du droit criminel de

l'Espagne_, p. 391.]

[Footnote 164: Erskine-Rankine, _Principles of the Law of

Scotland_, p. 563.]

[Footnote 165: Hume, _Commentaries on the Law of Scotland_, ii. 302.]

The punishment of the seducer often varies according to his rank,

or according to that of the husband, or according to the relative

rank of both, or according to the rank of the adulteress. Among

the Monbuttu, if the guilty woman belongs to the royal household,

the adulterer is put to death, whereas otherwise he is only

compelled to pay an indemnity to the offended husband.[166] Among

the E[(w]e-speaking peoples of the Slave Coast the fine imposed

for adultery depends on the rank of the injured husband;[167] and

the same principle is found in Anglo-Saxon law.[168] Among the

Bakongo, again, the penalties for adultery "vary from capital

punishment to a trifling fine, according to the station of the

offender or the district he lives in."[169] Drury tells us that

in the country of Anterndroea in Madagascar, "if a man lies with

another man's wife who is superior to him, he forfeits thirty

head of cattle besides beads and shovels a great number," whereas

"if the men are of an equal rank, then twenty beasts are the

fine."[170] According to the Chinese Penal Code, a slave who is

guilty of criminal intercourse with the wife or daughter of a

freeman, shall be punished at the least one degree more {449}

severely than a freeman would have been under the same

circumstances.[171] In India a man of one of the first three

castes who committed adultery with a Sûdra woman was banished,

but a Sûdra who committed adultery with a woman of one of the

first three castes suffered capital punishment;[172] and an

opinion is also quoted that for a Brâhmana who once was guilty of

adultery with a married woman of equal class, the penance was

one-fourth of that prescribed for an outcast.[173] In ancient

Peru "an adulterer was punish'd with death, if the woman was of

note, or else with the rack."[174]

[Footnote 166: Casati, _Ten Years in Equatoria_, i. 163.]

[Footnote 167: Ellis, _E[(w]e-speaking Peoples_, p. 202.]

[Footnote 168: _Laws of Alfred_, ii. 10.]

[Footnote 169: Johnston, _River Congo_, p. 404.]

[Footnote 170: Drury, _Journal_, p. 183.]

[Footnote 171: _Ta Tsing Leu Lee_, sec. ccclxxiii. p. 409.]

[Footnote 172: _Âpastamba_, ii. 10. 27. 8 _sq._]

[Footnote 173: _Ibid._ ii. 10. 27. 11.]

[Footnote 174: Herrera, _op. cit._ iv. 338.]

We find no difficulty in explaining all these facts. In early

civilisation a husband has often extreme rights over his wife.

The seducer encroaches upon a right of which he is most jealous,

and with regard to which his passions are most easily inflamed.

Adultery is regarded as an illegitimate appropriation of the

exclusive claims which the husband has acquired by the purchase

of his wife, as an offence against property.[175] It is said in

the 'Laws of Manu' that "seed must not be sown by any man on that

which belongs to another."[176] How closely the seducer is

associated with a thief is illustrated by the fact that among

some peoples he is punished as such, having his hands, or one of

them, cut off.[177] Yet even among savages the offence is

something more than a mere infringement of the right of

ownership. The Kurile Islanders, says Krasheninnikoff, have an

extraordinary way of punishing adultery: the husband of the

adulteress challenges the adulterer to a combat. The result is

generally the death of both the combatants; but it is held to be

"as great dishonour to refuse this combat as to refuse an

invitation to a duel among the people of Europe."[178] The

passion of jealousy, the feeling of ownership, and the sense of

honour, {450} thus combine to make the seducer's act an offence,

and often a heinous offence, in the eyes of custom or law; and

for the same reasons as in other offences the magnitude of guilt

is here also influenced by the rank of the parties concerned.

Modern legislation, on the other hand, does not to the same

extent as early law and custom allow a man to give free vent to

his angry passion; it regards the dishonour of the aggrieved

husband as a matter of too private a character to be publicly

avenged; and the faithfulness which a wife owes her husband is no

longer connected with any idea of ownership. Moreover, the

severity of earlier European laws against adultery was closely

connected with Christianity's abhorrence of all kinds of

irregular sexual intercourse; and secular legislation has more

and more freed itself from the bondage of religious doctrine.

[Footnote 175: See, _e.g._, Casalis, _Basutos_, p. 225; Burton,

_Two Trips to Gorilla Land_, i. 77; Monrad, _Skildring af

Guinea-Kysten_, p. 5; Letourneau, _L'évolution de la morale_,

p. 154 _sq._]

[Footnote 176: _Laws of Manu_, ix. 42.]

[Footnote 177: Westermarck, _History of Human Marriage_, p. 130.]

[Footnote 178: Krasheninnikoff, _History of Kamschatka_, p. 238.]

Among some savage peoples it is the seducer only who suffers,

whilst the unfaithful wife escapes without punishment.[179]

Jealousy, in the first place, turns against the rival, and the

seducer is the dishonourer and the thief. But, as a general rule,

the unfaithful wife is also looked upon as an offender, and the

punishment falls on both. She is discarded, beaten, or

ill-treated in some way or other, and not infrequently she is

killed. Often, too, she is disfigured by her enraged husband, so

that no man may fall in love with her ever after.[180] Indeed, so

strong is the idea that a wife belongs exclusively to her

husband, that among several peoples she has to die with him;[181]

and frequently a widow is prohibited from remarrying either for

ever or for a certain period after the husband's death.[182] In

ancient Peru widows generally continued to live single, as "this

virtue was much commended in their laws and ordinances."[183] Nor

is it in China considered proper {451} for a woman to contract a

second marriage after her husband's death, and a lady of rank, by

doing so, exposes herself to a penalty of eighty blows.[184] "As

a faithful minister does not serve two lords, neither may a

faithful woman marry a second husband"--this is to the Chinese a

principle of life, a maxim generally received as gospel.[185]

Among so-called Aryan peoples the ancient custom which ordained

sacrifice of widows survived in the prohibitions issued against

their marrying a second time.[186] Even now the bare mention of a

second marriage for a Hindu woman would be considered the

greatest of insults, and, if she married again, "she would be

hunted out of society, and no decent person would venture at any

time to have the slightest intercourse with her."[187] In

Greece[188] and Rome[189] a widow's remarriage was regarded as an

insult to her former husband; and so it is still regarded among

the Southern Slavs.[190] The early Christians, especially the

Montanists and Novatians, strongly disapproved of second

marriages by persons of either sex;[191] a second marriage was

described by them as a "kind of fornication,"[192] or as a

"specious adultery."[193] It was looked upon as a manifest sign

of incontinence, and also as inconsistent with the doctrine that

marriage is an emblem of the union of Christ with the Church.[194]

[Footnote 179: Westermarck, _op. cit._ p. 122. Macpherson,

_Memorials of Service in India_, p. 133 (Kandhs). Batchelor,

_Ainu of Japan_, p. 189 _sq._ Scaramucci and Giglioli, 'Notizie

sui Danakil,' in _Archivio per l'antropologia e la etnologia_,

xiv. 26.]

[Footnote 180: Westermarck, _op. cit._ p. 122.]

[Footnote 181: _Ibid._ p. 125 _sq._ _Supra_, i. 472 _sqq._]

[Footnote 182: Westermarck, _History of Human Marriage_, p. 127

_sqq._]

[Footnote 183: Garcilasso de la Vega, _op. cit._ i. 305.]

[Footnote 184: Gray, _China_, i. 215.]

[Footnote 185: de Groot, _Religious System of China_, (vol. ii.

book) i. 745.]

[Footnote 186: Schrader, _Prehistoric Antiquities of the Aryan

Peoples_, p. 391.]

[Footnote 187: Dubois, _People of India_, p. 132.]

[Footnote 188: Pausanias, ii. 21. 7.]

[Footnote 189: Rossbach, _Römische Ehe_, p. 262.]

[Footnote 190: Krauss, _Sitte und Brauch der Südslaven_, p. 578.

_Cf._ Ralston, _Songs of the Russian People_, p. 115 (Bulgarians).]

[Footnote 191: Mayer, _Die Rechte der Israeliten, Athener und

Römer_, ii. 290. Bingham, _op. cit._ vi. 427 _sq._; viii. 13 _sq._]

[Footnote 192: Tertullian, _De exhortatione castitatis_, 9

(Migne, _Patrologiæ cursus_, ii. 924).]

[Footnote 193: Athenagoras, _Legatio pro Christianis_, 33 (Migne,

_op. cit._ Ser. Graeca, vi. 967).]

[Footnote 194: Gibbon, _History of the Decline and Fall of the

Roman Empire_, ii. 187. Lecky, _History of European Morals_, ii. 326.]

Conjugal fidelity, whilst considered a stringent duty in the

wife, is not generally considered so in the husband. This is

obviously the rule among savage and barbarous tribes; but there

are interesting exceptions to the rule. The Igorrotes of Luzon

are so strictly monogamous that {452} in case of adultery the

guilty party can be compelled to leave the hut and the family for

ever,[195] and among various other monogamous savages adultery is

said to be unknown.[196] The Dyak husband "preserves his vow of

fidelity with a rectitude which makes jealousy a farce."[197] The

Toungtha, who marry only one wife, do not consider it right for a

master to take advantage of his position even with regard to the

female slaves in his house.[198] Nay, the duty of fidelity in the

husband has been recognised even by some savage peoples who allow

polygamy. The Abipones, we are told, thought it both wicked and

disgraceful to have any illicit intercourse with other women than

their wives; hence adultery was almost unheard of among

them.[199] Among the Omaha Indians, "if a woman's husband be

guilty of adultery with another woman she may strike him or the

guilty female in her anger," though she cannot claim

damages.[200] In several tribes of Western Victoria a wife whose

husband has been unfaithful to her "may make a complaint to the

chief, who can punish the man by sending him away from his tribe

for two or three moons";[201] and among some aborigines in New

South Wales similar complaints may be made to the elders of the

tribe, with the result that the adulterous husband may have to

suffer for his conduct.[202] The Kandhs of India deny the married

man certain prerogatives which are granted to his wife: whilst

constancy to her husband is so far from being required in a wife,

"that her pretensions do not, at least, suffer diminution in the

eyes of either sex when fines are levied on her convicted

lovers," infidelity in a married man is held to be highly

dishonourable, and {453} is often punished with deprivation of

many social privileges.[203]

[Footnote 195: Meyer, in _Verhandl. Berliner Gesellsch. f.

Anthrop._ 1883, p. 385.]

[Footnote 196: Bailey, in _Trans. Ethn. Soc._ N. S. ii. 291 _sq._

Hartshorne, in _Indian Antiquary_, viii. 320 (Veddahs). Finsch,

_Neu-Guinea_, p. 101; Earl, _Papuans_, p. 81 (Papuans of Dorey).]

[Footnote 197: Boyle, _Adventures among the Dyaks of Borneo_,

p. 236. See also Low, _Sarawak_, p. 300 (Hill Dyaks).]

[Footnote 198: Lewin, _Wild Races of South-Eastern India_, p. 193

_sq._]

[Footnote 199: Dobrizhoffer, _Account of the Abipones_, ii. 138.]

[Footnote 200: Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur.

Ethn._ iii. 364.]

[Footnote 201: Dawson, _Australian Aborigines_, p. 33.]

[Footnote 202: Nieboer, _Slavery as an Industrial System_, p. 18.]

[Footnote 203: Macpherson, _Memorials of Service in India_, p. 133.]

The duty which savages thus in certain instances have imposed on

the husband is hardly at all recognised in the archaic State. The

Mexicans "did not consider, nor did they punish, as adultery the

trespass of a husband with any woman who was free, or not joined

in matrimony; wherefore the husband was not bound to so much

fidelity as was exacted from the wife," adultery in her being

inevitably punished with death.[204] In China, where adultery in

a woman is branded as one of the vilest crimes and the guilty

wife is oftentimes "cut into small pieces," concubinage is a

recognised institution of the country.[205] In Corea "conjugal

fidelity--obligatory on the woman--is not required of the

husband. . . . Among the nobles, the young bridegroom spends

three or four days with his bride, and then absents himself from

her for a considerable time, to prove that he does not esteem her

too highly. Etiquette dooms her to a species of widowhood, while

he spends his hours of relaxation in the society of his

concubines. To act otherwise would be considered in very bad

taste, and highly unfashionable."[206] In Japan, "while the man

is allowed a loose foot, the woman is expected not only to be

absolutely spotless, but also never to show any jealousy, however

wide the husband may roam, or however numerous may be the

concubines in his family."[207] According to Hebrew law adultery

was a capital offence, but it presupposed that the guilty woman

was another man's wife.[208] The "Aryan" nations in early times

generally saw nothing objectionable in the unfaithfulness of a

married man, whereas an adulterous wife was subject to the

severest penalties.[209] Until some time after the introduction

of Christianity among the Teutons their {454} law-books made no

mention of the infidelity of husbands, because it was permitted

by custom.[210] The Romans defined adultery as sexual intercourse

with another man's wife; on the other hand, the intercourse of a

married man with an unmarried woman was not regarded as

adultery.[211] The ordinary Greek feeling on the subject is

expressed in the oration against Neæra, ascribed to Demosthenes,

where the licence accorded to husbands is spoken of as a matter

of course:--"We keep mistresses for our pleasures, concubines for

constant attendance, and wives to bear us legitimate children and

to be our faithful house-keepers."[212]

[Footnote 204: Clavigero, _History of Mexico_, i. 356.]

[Footnote 205: Doolittle, _op. cit._ i. 339. Griffis, _Religions

of Japan_, p. 149.]

[Footnote 206: Griffis, _Corea_, p. 251 _sq._]

[Footnote 207: _Idem_, _Religions of Japan_, p. 320.]

[Footnote 208: _Leviticus_, xx. 10. _Deuteronomy_, xxii. 22.]

[Footnote 209: Schrader, _Prehistoric Antiquities of the Aryan

Peoples_, p. 388.]

[Footnote 210: Wilda, _Strafrecht der Germanen_, p. 821.

Nordström, _op. cit._ ii. 67 _sq._ Stemann, _Den danske

Retshistorie indtil Christian V.'s Lov_, pp. 324, 633. Keyser,

_Efterladte Skrifter_, vol. ii. pt. ii. 32 _sq._ Brunner,

_Deutsche Rechtsgeschichte_, ii. 662.]

[Footnote 211: Vinnius, _In quatuor libros institutionum

imperialium commentarius_, iv. 18. 4, p. 993. _Cf._ _Digesta_, l.

16. 101. 1; Mommsen, _Römisches Strafrecht_, p. 688 _sq._]

[Footnote 212: _Oratio in Neæram_, p. 1386. _Cf._ Schmidt, _Die

Ethik der alten Griechen_, ii. 196 _sq._]

At the same time the idea that fidelity in marriage ought to be

reciprocal was not altogether unknown in classical

antiquity.[213] In a lost chapter of his 'Economics,' which has

come to us only through a Latin translation, Aristotle points out

that it for various reasons is prudent for a man to be faithful

to his wife, but that nothing is so peculiarly the property of a

wife as a chaste and hallowed intercourse.[214] Plutarch condemns

the man who, lustful and dissolute, goes astray with a courtesan

or maid-servant; though at the same time he admonishes the wife

not to be vexed or impatient, considering that "it is out of

respect to her that he bestows upon another all his wanton

depravity."[215] Plautus argues that it is unjust of a husband to

exact a fidelity which he does not keep himself.[216]

[Footnote 213: Lecky, _op. cit._ ii. 312 _sq._ Schmidt, _op.

cit._ ii. 195 _sq._]

[Footnote 214: Aristotle, _[OE]conomica_, p. 341, vol. ii. 679.

_Cf._ Isocrates, _Nicocles sive Cyprii_, 40.]

[Footnote 215: Plutarch, _Conjugalia præcepta_, 16.]

[Footnote 216: Plautus, _Mercator_, iv. 5.]

In its condemnation of adultery Christianity made no distinction

between husband and wife.[217] If continence is a stringent duty

for unmarried persons independently of {455} their sex, the

observance of the sacred marriage vow must be so in a still

higher degree. But here again there is a considerable discrepancy

between the actual feelings of Christian peoples and the standard

of their religion. Even in the laws of various European countries

relating to divorce or judicial separation we find an echo of the

popular notion that adultery is a smaller offence in a husband

than in a wife.[218]

[Footnote 217: Laurent, _op. cit._ iv. 114. Gratian, _Decretum_,

ii. 35. 5. 23.]

[Footnote 218: See _supra_, ii. 397.]

The judgment pronounced upon an unfaithful husband is of course

influenced by the opinion about extra-matrimonial connections in

general. Where it is considered wrong for a man to have

intercourse with either an unmarried woman or another man's wife,

adultery in a husband is _eo ipso_ condemned. But whether, or how

far, infidelity on his part is stigmatised as an offence against

his wife, chiefly depends upon the degree of regard which is paid

to the feelings of women. That a married man generally enjoys

more liberty than a married woman is largely due to the same

causes as make him the more privileged partner in other respects;

but there are also special reasons for this inequality between

the sexes. It was a doctrine of the Roman jurists that adultery

is a crime in the wife, and in the wife only, on account of the

danger of introducing strange children to the husband.[219]

Moreover, the temptation to infidelity and the facility in

indulging in it are commonly greater in the case of the husband

than in that of the wife; and, as we have often noticed before,

actual practice is always apt to influence moral opinion. And a

still more important reason for the inequality in question is

undoubtedly the general notion that unchastity of any kind is

more discreditable for a woman than for a man.

[Footnote 219: Hunter, _Exposition of Roman Law_, p. 1071.]

CHAPTER XLIII

HOMOSEXUAL LOVE

OUR review of the moral ideas concerning sexual relations has not

yet come to an end. The gratification of the sexual instinct

assumes forms which fall outside the ordinary pale of nature. Of

these there is one which, on account of the _rôle_ which it has

played in the moral history of mankind, cannot be passed over in

silence, namely, intercourse between individuals of the same sex,

what is nowadays commonly called homosexual love.

It is frequently met with among the lower animals.[1] It probably

occurs, at least sporadically, among every race of mankind.[2]

And among some peoples it has assumed such proportions as to form

a true national habit.

[Footnote 1: Karsch, 'Päderastie und Tribadie bei den Tieren,' in

_Jahrbuch für sexuelle Zwischenstufen_, ii. 126 _sqq._ Havelock

Ellis, _Studies in the Psychology of Sex_, 'Sexual Inversion,' p.

2 _sqq._]

[Footnote 2: Ives, _Classification of Crimes_, p. 49. The

statement that it is unknown among a certain people cannot

reasonably mean that it may not be practised in secret.]

In America homosexual customs have been observed among a great

number of the native tribes. In nearly every part of the

continent there seem to have been, since ancient times, men

dressing themselves in the clothes and performing the functions

of women, and living with other men as their concubines or

wives.[3] Moreover, between {457} young men who are comrades in

arms there are _liaisons d'amitié_, which, according to Lafitau,

"ne laissent aucun soupçon de vice apparent, quoiqu'il y ait, ou

qu'il puisse y avoir, beaucoup de vice réel."[4]

[Footnote 3: von Spix and von Martius, _Travels in Brazil_, ii.

246; von Martius, _Von dem Rechtszustande unter den Ureinwohnern

Brasiliens_, p. 27 _sq._; Lomonaco, 'Sulle razze indigene del

Brasile,' in _Archivio per l'antropologia e la etnologia_, xix.

46; Burton, _Arabian Nights_, x. 246 (Brazilian Indians).

Garcilasso de la Vega, _First Part of the Royal Commentaries of

the Yncas_, ii. 441 _sqq._; Cieza de Leon, 'La crónica del Perú

[primera parte],' ch. 49, in _Biblioteca de autores españoles_,

xxvi. 403 (Peruvian Indians at the time of the Spanish conquest).

Oviedo y Valdés, 'Sumario de la natural historia de las Indias,'

ch. 81, in _Biblioteca de autores españoles_, xxii. 508

(Isthmians). Bancroft, _Native Races of the Pacific States_, i.

585 (Indians of New Mexico); ii. 467 _sq._ (ancient Mexicans).

Diaz del Castillo, 'Conquista de Nueva-España,' ch. 208, in

_Biblioteca de autores españoles_, xxvi. 309 (ancient Mexicans).

Landa, _Relacion de las cosas de Yucatan_, p. 178 (ancient

Yucatans). Nuñez Cabeza de Vaca, 'Naufragios y relacion de la

jornada que hizo a la Florida,' ch. 26, in _Biblioteca de autores

españoles_, xxii. 538; Coreal, _Voyages aux Indes Occidentales_,

i. 33 _sq._ (Indians of Florida). Perrin du Lac, _Voyage dans les

deux Louisianes et chez les nations sauvages du Missouri_, p.

352; Bossu, _Travels through Louisiana_, i. 303. Hennepin,

_Nouvelle Découverte d'un très Grand Pays Situé dans l'Amerique_,

p. 219 _sq._; 'La Salle's Last Expedition and Discoveries in

North America,' in _Collections of the New-York Historical

Society_, ii. 237 _sq._; de Lahontan, _Mémoires de l'Amérique

septentrionale_, p. 142 (Illinois). Marquette, _Recit des

voyages_, p. 52 _sq._ (Illinois and Naudowessies). Wied-Neuwied,

_Travels in the Interior of North America_, p. 351 (Manitaries,

Mandans, &c.). McCoy, _History of Baptist Indian Missions_,

p. 360 _sq._ (Osages). Heriot, _Travels through the Canadas_,

p. 278; Catlin, _North American Indians_, ii. 214 _sq._ (Sioux).

Dorsey, 'Omaha Sociology,' in _Ann. Rep. Bur. Ethn._ iii. 365;

James, _Expedition from Pittsburgh to the Rocky Mountains_,

i. 267 (Omahas). Loskiel, _History of the Mission of the United

Brethren among the Indians_, 1.14 (Iroquois). Richardson, _Arctic

Searching Expedition_, ii. 42 (Crees). Oswald, quoted by Bastian,

_Der Mensch in der Geschichte_, iii. 314 (Indians of California).

Holder, in _New York Medical Journal_, December 7th, 1889, quoted

by Havelock Ellis, _op. cit._ p. 9 _sq._ (Indians of Washington

and other tribes in the North-Western United States). See also

Karsch, 'Uranismus oder Päderastie und Tribadie bei den Naturvölkern,'

in _Jahrbuch für sexuelle Zwischenstufen_, iii. 112 _sqq._]

[Footnote 4: Lafitau, _Moeurs des sauvages ameriquains_, i. 603,

607 _sqq._]

Homosexual practices are, or have been, very prominent among the

peoples in the neighbourhood of Behring Sea.[5] In Kadiak it was

the custom for parents who had a girl-like son to dress and rear

him as a girl, teaching him only domestic duties, keeping him at

woman's work, and letting him associate only with women and

girls. Arriving at the age of ten or fifteen years, he was

married to some wealthy man and was then called an _achnuchik_ or

_shoopan_.[6] Dr. Bogoraz gives the following account of a {458}

similar practice prevalent among the Chukchi:--"It happens

frequently that, under the supernatural influence of one of their

shamans, or priests, a Chukchi lad at sixteen years of age will

suddenly relinquish his sex and imagine himself to be a woman. He

adopts a woman's attire, lets his hair grow, and devotes himself

altogether to female occupation. Furthermore, this disowner of

his sex takes a husband into the _yurt_ and does all the work

which is usually incumbent on the wife in most unnatural and

voluntary subjection. Thus it frequently happens in a _yurt_ that

the husband is a woman, while the wife is a man! These abnormal

changes of sex imply the most abject immorality in the community,

and appear to be strongly encouraged by the shamans, who

interpret such cases as an injunction of their individual deity."

The change of sex was usually accompanied by future shamanship;

indeed, nearly all the shamans were former delinquents of their

sex.[7] Among the Chukchi male shamans who are clothed in woman's

attire and are believed to be transformed physically into women

are still quite common; and traces of the change of a shaman's

sex into that of a woman may be found among many other Siberian

tribes.[8] In some cases at least there can be no doubt that

these transformations were connected with homosexual practices.

In his description of the Koriaks, Krasheninnikoff makes mention

of the _ke'yev_, that is, men occupying the position of

concubines; and he compares them with the Kamchadale _koe'k[vc]u[vc]_,

as he calls them, that is, men transformed into women. Every

_koe'k[vc]u[vc]_, he says, is regarded as a magician and interpreter

of dreams; but from his confused description Mr. Jochelson thinks it

may be inferred that the most important feature of the

institution of the _koe'k[vc]u[vc]_ lay, not in their shamanistic

power, but in their position with regard to the satisfaction of

the {459} unnatural inclinations of the Kamchadales. The

_koe'k[vc]u[vc]_ wore women's clothes, did women's work, and were in

the position of wives or concubines.[9]

[Footnote 5: Dall, _Alaska_, p. 402; Bancroft, _op. cit._ i. 92;

Waitz, _Anthropologie der Naturvölker_, iii. 314 (Aleuts), von

Langsdorf, _Voyages and Travels_, ii. 48 (natives of Oonalaska).

Steller, _Kamtschatka_, p. 289, n. _a_; Georgi, _Russia_, iii.

132 _sq._ (Kamchadales).]

[Footnote 6: Davydow, quoted by Holmberg, 'Ethnographische

Skizzen über die Völker des russischen Amerika,' in _Acta Soc.

Scientiarum Fennicæ_, iv. 400 _sq._ Lisiansky, _Voyage Round the

World_, p. 199. von Langsdorf**, _op. cit._ ii. 64. Sauer,

_Billing's Expedition to the Northern Parts of Russia_, p. 176.

Sarytschew, 'Voyage of Discovery to the North-East of Siberia,'

in _Collection of Modern and Contemporary Voyages_, vi. 16.]

[Footnote 7: Bogoraz, quoted by Demidoff, _Shooting Trip to

Kamchatka_, p. 74 _sq._]

[Footnote 8: Jochelson, _Koryak Religion and Myth_, pp. 52, 53 n. 3.]

[Footnote 9: Jochelson, _op. cit._ p. 52 _sq._]

In the Malay Archipelago homosexual love is common,[10] though

not in all of the islands.[11] It is widely spread among the

Bataks of Sumatra.[12] In Bali it is practised openly, and there

are persons who make it a profession.[13] The _basir_ of the

Dyaks are men who make their living by witchcraft and debauchery.

They "are dressed as women, they are made use of at idolatrous

feasts and for sodomitic abominations, and many of them are

formally married to other men."[14] Dr. Haddon says that he never

heard of any unnatural offences in Torres Straits;[15] but in the

Rigo district of British New Guinea several instances of

pederasty have been met with,[16] and at Mowat in Daudai it is

regularly indulged in.[17] Homosexual love is reported as common

among the Marshall Islanders[18] and in Hawaii.[19] From Tahiti

we hear of a set of men called by the natives _mahoos_, who

"assume the dress, attitude, and manners, of women, and affect

all the fantastic oddities and coquetries of the vainest of

females. They mostly associate with the women, who court their

acquaintance. With the manners of the women, they adopt their

peculiar employments. . . . The encouragement of this abomination

is almost solely {460} confined to the chiefs."[20] Of the New

Caledonians M. Foley writes:--"La plus grande fraternité n'est

pas chez eux la fraternité uterine, mais la fraternité des armes.

Il en est ainsi surtout au village de Poepo. Il est vrai que

cette fraternité des armes est compliquée de pédérastie."[21]

[Footnote 10: Wilken, 'Plechtigheden en gebruiken bij verlovingen

en huwelijken bij de volken van den Indischen Archipel,' in

_Bijdragen tot de taal- land- en volkenkunde van Nederlandsch-Indië_,

xxxiii. (ser. v. vol. iv.) p. 457 _sqq._]

[Footnote 11: Crawfurd, _History of the Indian Archipelago_,

iii. 139. Marsden, _History of Sumatra_, p. 261.]

[Footnote 12: Junghuhn, _Die Battaländer auf Sumatra_, ii. 157, n.*]

[Footnote 13: Jacobs, _Eenigen tijd onder de Baliërs_, pp. 14,

134 _sq._]

[Footnote 14: Hardeland, _Dajacksch-deutsches Wörterbuch_, p. 53

_sq._ Schwaner, _Borneo_, i. 186. Perelaer, _Ethnographische

beschrijving der Dajaks_, p. 32.]

[Footnote 15: Haddon, 'Ethnography of the Western Tribe of Torres

Straits,' in _Jour. Anthr. Inst._ xix. 315.]

[Footnote 16: Seligmann, 'Sexual Inversion among Primitive

Races,' in _The Alienist and Neurologist_, xxiii. 3 _sqq._]

[Footnote 17: Beardmore, 'Natives of Mowat, Daudai, New Guinea,'

in _Jour. Anthr. Inst._ xix. 464. Haddon, _ibid._ xix. 315.]

[Footnote 18: Hernsheim, _Beitrag zur Sprache der Marshall-Inseln_,

p. 40. A different opinion is expressed by Senfft, in Steinmetz,

_Rechtsverhältnisse von eingeborenen Völkern in Afrika und

Ozeanien_, p. 437.]

[Footnote 19: Remy, _Ka Mooolelo Hawaii_, p. xliii.]

[Footnote 20: Turnbull, _Voyage Round the World_, p. 382. See

also Wilson, _Missionary Voyage to the Southern Pacific_, pp.

333, 361; Ellis, _Polynesian Researches_, i. 246, 258.]

[Footnote 21: Foley, 'Sur les habitations et les m[oe]urs des

Néo-Calédoniens,' in _Bull. Soc. d'Anthrop. Paris_, ser. iii.

vol. ii. 606. See also de Rochas, _Nouvelle Calédonie_, p. 235.]

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