Among the natives of the Kimberley District in West Australia, if

a young man on reaching a marriageable age can find no wife, he

is presented with a boy-wife, known as _chookadoo_. In this case,

also, the ordinary exogamic rules are observed, and the "husband"

has to avoid his "mother-in-law," just as if he were married to a

woman. The _chookadoo_ is a boy of five years to about ten, when

he is initiated. "The relations which exist between him and his

protecting _billalu_" says Mr. Hardman, "are somewhat doubtful.

There is no doubt they have connection, but the natives repudiate

with horror and disgust the idea of sodomy."[22] Such marriages

are evidently exceedingly common. As the women are generally

monopolised by the older and more influential men of the tribe,

it is rare to find a man under thirty or forty who has a wife;

hence it is the rule that, when a boy becomes five years old, he

is given as a boy-wife to one of the young men.[23] According to

Mr. Purcell's description of the natives of the same district,

"every useless member of the tribe" gets a boy, about five or

seven years old; and these boys, who are called _mullawongahs_,

are used for sexual purposes.[24] Among the Chingalee of South

Australia, Northern Territory, old men are often noticed with no

wives but accompanied by one or two boys, whom they jealously

guard and with whom they have sodomitic intercourse.[25] {461}

That homosexual practices are not unknown among other Australian

tribes may be inferred from Mr. Hewitt's statement relating to

South-Eastern natives, that unnatural offences are forbidden to

the novices by the old men and guardians after leaving the

initiation camp.[26]

[Footnote 22: Hardman, 'Notes on some Habits and Customs of the

Natives of the Kimberley District,' in _Proceed. Roy. Irish

Academy_, ser. iii. vol. i. 74.]

[Footnote 23: _Ibid._ pp. 71, 73.]

[Footnote 24: Purcell, 'Rites and Customs of Australian

Aborigines,' in _Verhandl. Berliner Gesellsch. Anthrop._ 1893,

p. 287.]

[Footnote 25: Ravenscroft, 'Some Habits and Customs of the

Chingalee Tribe,' in _Trans. Roy. Soc. South Australia_, xv. 122.

I am indebted to Mr. N. W. Thomas for drawing my attention to

these statements.]

[Footnote 26: Howitt, 'Some Australian Ceremonies of Initiation,'

in _Jour. Anthr. Inst._ xiii. 450.]

In Madagascar there are certain boys who live like women and have

intercourse with men, paying those men who please them.[27] In an

old account of that island, dating from the seventeenth century,

it is said: "II y a . . . quelques hommes qu'ils appellent

Tsecats, qui sont hommes effeminez et impuissans, qui recherchent

les garçons, et font mine d'en estre amoureux, en contrefaisans

les filles et se vestans ainsi qu'elles leurs font des presents

pour dormir auec eux, et mesmes se donnent des noms de filles, en

faisant les honteuses et les modestes. . . . Ils haïssent les

femmes et ne les veulent point hanter."[28] Men behaving like

women have also been observed among the Ondonga in German

South-West Africa[29] and the Diakité-Sarracolese in the French

Soudan,[30] but as regards their sexual habits details are

wanting. Homosexual practices are common among the Banaka and

Bapuku in the Cameroons.[31] But among the natives of Africa

generally such practices seem to be comparatively rare,[32]

except among Arabic-speaking {462} peoples and in countries like

Zanzibar,[33] where there has been a strong Arab influence. In

North Africa they are not restricted to the inhabitants of towns;

they are frequent among the peasants of Egypt[34] and universal

among the Jbâla inhabiting the Northern mountains of Morocco. On

the other hand, they are much less common or even rare among the

Berbers and the nomadic Bedouins,[35] and it is reported that the

Bedouins of Arabia are quite exempt from them.[36]

[Footnote 27: Lasnet, in _Annales d'hygiène et de médecine

coloniales_, 1899, p. 494, quoted by Havelock Ellis, _op. cit._

p. 10. _Cf._ Rencurel, in _Annales d'hygiène_, 1900, p. 562,

quoted _ibid._ p. 11 _sq._ See also Leguével de Lacombe, _Voyage

à Madagascar_, i. 97 _sq._ Pederasty prevails to some extent in

the island of Nossi-Bé, close to Madagascar, and is very common

at Ankisimane, opposite to it, on Jassandava Bay (Walter, in

Steinmetz, _Rechtsverhältnisse_, p. 376).]

[Footnote 28: de Flacourt, _Histoire de la grande isle

Madagascar_, p. 86.]

[Footnote 29: Rautanen, in Steinmetz, _Rechtsverhältnisse_, p. 333.]

[Footnote 30: Nicole, _ibid._ p. 111.]

[Footnote 31: _Ibid._ p. 38.]

[Footnote 32: Munzinger, _Ostafrikanische Studien_, p. 525 (Barea

and Kunáma). Baumann, 'Conträre Sexual-Erscheinungen bei der

Neger-Bevölkerung Zanzibars,' in _Verhandl. der Berliner

Gesellsch. für Anthropologie_, 1899, p. 668. Felkin, 'Notes on

the Waganda Tribe of Central Africa,' in _Proceed. Roy. Soc.

Edinburgh_, xiii. 723. Johnston, _British Central Africa_, p. 404

(Bakongo). Monrad, _Skildring af Guinea-Kysten_, p. 57 (Negroes

of Accra). Torday and Joyce, 'Ethnography of the Ba-Mbala,' in

_Jour. Anthr. Inst._ xxxv. 410. Nicole, in Steinmetz,

_Rechtsverhältnisse_, p. 111 (Muhammedan Negroes). Tellier,

_ibid._ p. 159 (Kreis Kita in the French Soudan). Beverley,

_ibid._ p. 210 (Wagogo). Kraft, _ibid._ p. 288 (Wapokomo).]

[Footnote 33: Baumann, in _Verhandl. Berliner Gesellsch.

Anthrop._ 1899, p. 668 _sq._]

[Footnote 34: Burckhardt, _Travels in Nubia_, p. 135.]

[Footnote 35: d'Escayrac de Lauture, _Afrikanische Wüste_, p. 93.]

[Footnote 36: Burckhardt, _Travels in Arabia_, i. 364. See also

von Kremer, _Culturgeschichte des Orients_, ii. 269.]

Homosexual love is spread over Asia Minor and Mesopotamia.[37] It

is very prevalent among the Tartars and Karatchai of the

Caucasus,[38] the Persians,[39] Sikhs,[40] and Afghans; in Kaubul

a bazaar or street is set apart for it.[41] Old travellers make

reference to its enormous frequency among the Muhammedans of

India,[42] and in this respect time seems to have produced no

change.[43] In China, where it is also extremely common, there

are special houses devoted to male prostitution, and boys are

sold by their parents about the age of four, to be trained for

this occupation.[44] In Japan pederasty is said by some to have

prevailed from the most ancient times, whereas others are of

opinion that it was introduced by Buddhism about the sixth

century of our era. The monks used to live with handsome youths,

to whom they were often passionately devoted; and in feudal times

nearly every knight had as {463} his favourite a young man with

whom he entertained relations of the most intimate kind, and on

behalf of whom he was always ready to fight a duel when occasion

occurred. Tea-houses with male _gheishas_ were found in Japan

till the middle of the nineteenth century. Nowadays pederasty

seems to be more prevalent in the Southern than in the Northern

provinces of the country, but there are also districts where it

is hardly known.[45]

[Footnote 37: Burton, _Arabian Nights_, x. 232.]

[Footnote 38: Kovalewsky, _Coutume contemporaine_, p. 340.]

[Footnote 39: Polak, 'Die Prostitution in Persien,' in _Wiener

Medizinische Wochenschrift_, xi. 627 _sqq._ _Idem_, _Persien_, i.

237. Burton, _Arabian Nights_, x. 233 _sq._ Wilson, _Persian Life

and Customs_, p. 229.]

[Footnote 40: Malcolm, _Sketch of the Sikhs_, p. 140. Havelock

Ellis, _op. cit._ p. 5, n. 2. Burton, _Arabian Nights_, x. 236.]

[Footnote 41: Wilson, _Abode of Snow_, p. 420. Burton, _Arabian

Nights_, x. 236.]

[Footnote 42: Stavorinus, _Voyages to the East-Indies_, i. 456.

Fryer, _New Account of East-India_, p. 97. Chevers, _Manual of

Medical Jurisprudence for India_, p. 705.]

[Footnote 43: Chevers, _op. cit._ p. 708.]

[Footnote 44: _Indo-Chinese Gleaner_, iii. 193. Wells Williams,

_The Middle Kingdom_, i. 836. Matignon, 'Deux mots sur la

pédérastie en Chine,' in _Archives d'anthropologie criminelle_,

xiv. 38 _sqq._ Karsch, _Das gleichgeschlechtliche Leben der

Ostasiaten_, p. 6 _sqq._]

[Footnote 45: Jwaya, 'Nan sho k,' in _Jahrbuch für sexuelle

Zwischenstufen_, iv. 266, 268, 270. Karsch, _op. cit._ p. 71 _sqq._]

No reference is made to pederasty either in the Homeric poems or

by Hesiod, but later on we meet with it almost as a national

institution in Greece. It was known in Rome and other parts of

Italy at an early period;[46] but here also it became much more

frequent in the course of time. At the close of the sixth

century, Polybius tells us, many Romans paid a talent for the

possession of a beautiful youth.[47] During the Empire "il était

d'usage, dans les families patriciennes, de donner au jeune homme

pubère un esclave du même âge comme compagnon de lit, afin qu'il

pût satisfaire . . . 'ses premiers élans' génésiques";[48] and

formal marriages between men were introduced with all the

solemnities of ordinary nuptials.[49] Homosexual practices

occurred among the Celts,[50] and were by no means unknown to the

ancient Scandinavians, who had a whole nomenclature on the

subject.[51]

[Footnote 46: Dionysius of Halicarnassus, _Antiquitates Romanæ_,

vii. 2. Athenæus, _Deipnosophistæ_, xii. 14, p. 518 (Etruscans).

Rein, _Criminalrecht der Römer_, p. 863.]

[Footnote 47: Polybius, _Historiæ_, xxxii. 11. 5.]

[Footnote 48: Buret, _La syphilis aujourd'hui et chez les

anciens_, p. 197 _sqq._ Catullus, _Carmina_, lxi. ('In Nuptias

Juliæ et Manlii'), 128 _sqq._ _Cf._ Martial, _Epigrammata_, viii.

44. 16 _sq._]

[Footnote 49: Juvenal, _Satiræ_, ii. 117 _sqq._ Martial, _op.

cit._ xii. 42.]

[Footnote 50: Diodorus Siculus, _Bibliotheca historica_, v. 32.

7. Aristotle, _Politica_, ii. 9, p. 1269 b.]

[Footnote 51: 'Spuren von Konträrsexualität bei den alten

Skandinaviern,' in _Jahrbuch für sexuelle Zwischenstufen_, iv.

244 _sqq._]

Of late years a voluminous and constantly increasing literature

on homosexuality[52] has revealed its frequency in modern Europe.

No country and no class of society is free from it. In certain

parts of Albania it even exists as a popular custom, the young

men from the age of sixteen {464} upwards regularly having boy

favourites of between twelve and seventeen.[53]

[Footnote 52: See _infra_, Additional Notes.]

[Footnote 53: Hahn, _Albanesische Studien_, i. 168.]

The above statements chiefly refer to homosexual practices

between men, but similar practices also occur between women.[54]

Among the American aborigines there are not only men who behave

like women, but women who behave like men. Thus in certain

Brazilian tribes women are found who abstain from every womanly

occupation and imitate the men in everything, who wear their hair

in a masculine fashion, who go to war with a bow and arrows, who

hunt together with the men, and who would rather allow themselves

to be killed than have sexual intercourse with a man. "Each of

these women has a woman who serves her and with whom she says she

is married; they live together as husband and wife."[55] So also

there are among the Eastern Eskimo some women who refuse to

accept husbands, preferring to adopt masculine manners, following

the deer on the mountains, trapping and fishing for

themselves.[56] Homosexual practices are said to be common among

Hottentot[57] and Herero[58] women. In Zanzibar there are women

who wear men's clothes in private, show a preference for

masculine occupations, and seek sexual satisfaction among women

who have the same inclination, or else among normal women who are

won over by presents or other means.[59] In Egyptian harems every

woman is said to have a "friend."[60] In Bali homosexuality is

almost as common among women as among men, though it is exercised

more secretly;[61] and the same seems to be the case in

India.[62] From Greek antiquity we {465} hear of "Lesbian" love.

The fact that homosexuality has been much more frequently noticed

in men than in women does not imply that the latter are less

addicted to it. For various reasons the sexual abnormalities of

women have attracted much less attention,[63] and moral opinion

has generally taken little notice of them.

[Footnote 54: Karsch, in _Jahrbuch für sexuelle Zwischenstufen_,

iii. 85 _sqq._ Ploss-Bartels, _Das Weib_, i. 517 _sqq._ von

Krafft-Ebing, _Psychopathia sexualis_, p. 278 _sqq._ Moll, _Die

Conträre Sexualempfindung_, p. 247 _sqq._ Havelock Ellis, _op.

cit._ p. 118 _sqq._]

[Footnote 55: Magalhanes de Gandavo, _Histoire de la Province de

Sancta-Cruz_, p. 116 _sq._]

[Footnote 56: Dall, _op. cit._ p. 139.]

[Footnote 57: Fritsch, quoted by Karsch, in _Jahrbuch für

sexuelle Zwischenstufen_, iii. 87 _sq._]

[Footnote 58: Fritsch, _Die Eingeborenen Süd-Afrika's_, p. 227.

_Cf._ Schinz, _Deutsch-Südwest-Afrika_, pp. 173, 177.]

[Footnote 59: Baumann, in _Verhandl. Berliner Gesellsch.

Anthrop._ 1899, p. 668 _sq._]

[Footnote 60: Havelock Ellis, _op. cit._ p. 123.]

[Footnote 61: Jacobs, _Eenigen tijd onder de Baliërs_, p. 134 _sq._]

[Footnote 62: Havelock Ellis, _op. cit._ p. 124 _sq._]

[Footnote 63: See _ibid._ p. 121 _sq._]

Homosexual practices are due sometimes to instinctive preference,

sometimes to external conditions unfavourable to normal

intercourse.[64] A frequent cause is congenital sexual inversion,

that is, "sexual instinct turned by inborn constitutional

abnormality toward persons of the same sex."[65] It seems likely

that the feminine men and the masculine women referred to above

are, at least in many instances, sexual inverts; though, in the

case of shamans, the change of sex may also result from the

belief that such transformed shamans, like their female

colleagues, are particularly powerful.[66] Dr. Holder affirms the

existence of congenital inversion among the North-Western tribes

of the United States,[67] Dr. Baumann among the people of

Zanzibar;[68] and in Morocco, also, I believe it is common

enough. But as regards its prevalence among non-European peoples

we have mostly to resort to mere conjectures; our real knowledge

of congenital inversion is derived from the voluntary confessions

of inverts. The large majority of travellers are totally ignorant

of the psychological side of the subject, and even to an expert

it must very often be impossible to decide whether a certain case

of inversion is congenital or acquired. Indeed, acquired

inversion itself presupposes an innate disposition which under

certain circumstances develops into actual inversion.[69] Even

between inversion and normal sexuality {466} there seem to be all

shades of variation. Professor James thinks that inversion is "a

kind of sexual appetite, of which very likely most men possess

the germinal possibility."[70] This is certainly the case in

early puberty.[71]

[Footnote 64: Another reason for such practices is given by Mr.

Beardmore (in _Jour. Anthr. Inst._ xix. 464), with reference to

the Papuans of Mowat. He says that they indulge in sodomy because

too great increase of population is undesired amongst the younger

portion of the married people. _Cf._ _infra_, p. 484 _sqq._]

[Footnote 65: Havelock Ellis, _op. cit._ p. 1.]

[Footnote 66: Jochelson, _op. cit._ p. 52 _sq._]

[Footnote 67: Holder, quoted by Havelock Ellis, _op. cit._ p. 9 _sq._]

[Footnote 68: Baumann, in _Verhandl. Berliner Gesellsch.

Anthrop._ 1899, p. 668 _sq._]

[Footnote 69: Féré, _L'instinct sexuel_, quoted by Havelock

Ellis, _op. cit._ p. 41.]

[Footnote 70: James, _Principles of Psychology_, ii. 439. See

also Ives, _op. cit._ p. 56 _sqq._]

[Footnote 71: Dr. Dessoir ('Zur Psychologie der Vita sexualis,'

in _Allgemeine Zeitschrift für Psychiatrie_, l. 942) even goes so

far as to conclude that "an undifferentiated sexual feeling is

normal, on the average, during the first years of puberty." But

this is certainly an exaggeration (_cf._ Havelock Ellis, _op.

cit._ p. 47 _sq._).]

A very important cause of homosexual practices is absence of the

other sex. There are many instances of this among the lower

animals.[72] Buffon long ago observed that, if male or female

birds of various species were shut up together, they would soon

begin to have sexual relations among themselves, the males sooner

than the females.[73] The West Australian boy-marriage is a

substitute for ordinary marriage in cases when women are not

obtainable. Among the Bororó of Brazil homosexual intercourse is

said to occur in their men-houses only when the scarcity of

accessible girls is unusually great.[74] Its prevalence in Tahiti

may perhaps be connected with the fact that there was only one

woman to four or five men, owing to the habit of female

infanticide.[75] Among the Chinese in certain regions, for

instance Java, the lack of accessible women is the principal

cause of homosexual practices.[76] According to some writers such

practices are the results of polygamy.[77] In Muhammedan

countries they are no doubt largely due to the seclusion of

women, preventing free intercourse between the sexes and

compelling the unmarried people to associate almost exclusively

with members of their own sex. Among the mountaineers of Northern

Morocco the excessive indulgence in pederasty thus goes hand in

hand with great isolation of the women {467} and a very high

standard of female chastity, whereas among the Arabs of the

plains, who are little addicted to boy-love, the unmarried girls

enjoy considerable freedom. Both in Asia[78] and Europe[79] the

obligatory celibacy of the monks and priests has been a cause of

homosexual practices, though it must not be forgotten that a

profession which imposes abstinence from marriage is likely to

attract a comparatively large number of congenital inverts. The

temporary separation of the sexes involved in a military mode of

life no doubt accounts for the extreme prevalence of homosexual

love among warlike races,[80] like the Sikhs, Afghans, Dorians,

and Normans.[81] In Persia[82] and Morocco it is particularly

common among soldiers. In Japan it was an incident of knighthood,

in New Caledonia and North America of brotherhood in arms. At

least in some of the North American tribes men who were dressed

as women accompanied the other men as servants in war and the

chase.[83] Among the Banaka and Bapuku in the Cameroons pederasty

is practised especially by men who are long absent from their

wives.[84] In Morocco I have heard it advocated on account of the

convenience it affords to persons who are travelling.

[Footnote 72: Karsch, in _Jahrbuch für sexuelle Zwischenstufen_,

ii. 126 _sqq._ Havelock Ellis, _op. cit._ p. 2 _sq._]

[Footnote 73: Havelock Ellis, _op. cit._ p. 2.]

[Footnote 74: von den Steinen, _Unter den Naturvölkern

Zentral-Brasiliens_, p. 502.]

[Footnote 75: Ellis, _Polynesian Researches_, i. 257 _sq._]

[Footnote 76: Matignon, in _Archives d'anthropologie criminelle_,

xiv. 42. Karsch, _op. cit._ p. 32 _sqq._]

[Footnote 77: Waitz, _Anthropologie der Naturvölker_, iii. 113.

Bastian, _Der Mensch in der Geschichte_, iii. 305 (Dahomans).]

[Footnote 78: _Supra_, ii. 462. Karsch. _op. cit._ pp. 7.

(China), 76 _sqq._ (Japan), 132 (Corea).]

[Footnote 79: See Voltaire, _Dictionnaire philosophique_, 'Amour

Socratique' (_[OE]uvres_, vii. 82); Buret, _Syphilis in the

Middle Ages and in Modern Times_, p. 88 _sq._]

[Footnote 80: _Cf._ Havelock Ellis, _op. cit._ p. 5.]

[Footnote 81: Freeman, _Reign of William Rufus_, i. 159.]

[Footnote 82: Polak, in _Wiener Medizinische Wochenschrift_,

xi. 628.]

[Footnote 83: Marquette, _op. cit._ p. 53 (Illinois). Perrin du

Lac, _Voyage dans les deux Louisianes et chez les nations

sauvages du Missouri_, p. 352. _Cf._ Nuñez Cabeza de Vaca, _loc.

cit._ p. 538 (concerning the Indians of Florida):--" . . . tiran

arco y llevan muy gran carga."]

[Footnote 84: Steinmetz, _Rechtsverhältnisse_, p. 38.]

Dr. Havelock Ellis justly observes that when homosexual

attraction is due simply to the absence of the other sex we are

not concerned with sexual inversion, but merely with the

accidental turning of the sexual instinct into an abnormal

channel, the instinct being called out by an approximate

substitute, or even by diffused emotional excitement, in the

absence of the normal object.[85] But it seems to me probable

that in such cases the homosexual {468} attraction in the course

of time quite easily develops into genuine inversion. I cannot

but think that our chief authorities on homosexuality have

underestimated the modifying influence which habit may exercise

on the sexual instinct. Professor Krafft-Ebing[86] and Dr.

Moll[87] deny the existence of acquired inversion except in

occasional instances; and Dr. Havelock Ellis takes a similar

view, if putting aside those cases of a more or less morbid

character in which old men with failing sexual powers, or younger

men exhausted by heterosexual debauchery, are attracted to

members of their own sex.[88] But how is it that in some parts of

Morocco such a very large proportion of the men are distinctly

sexual inverts, in the sense in which this word is used by Dr.

Havelock Ellis,[89] that is, persons who for the gratification of

their sexual desire prefer their own sex to the opposite one? It

may be that in Morocco and in Oriental countries generally, where

almost every individual marries, congenital inversion, through

the influence of heredity, is more frequent than in Europe, where

inverts so commonly abstain from marrying. But that this could

not be an adequate explanation of the fact in question becomes at

once apparent when we consider the extremely unequal distribution

of inverts among different neighbouring tribes of the same stock,

some of which are very little or hardly at all addicted to

pederasty. I take the case to be, that homosexual practices in

early youth have had a lasting effect on the sexual instinct,

which at its first appearance, being somewhat indefinite, is

easily turned into a homosexual direction.[90] In Morocco

inversion is most prevalent among the scribes, who from childhood

have lived in very close association with their fellow-students.

Of course, influences of this kind "require a favourable organic

predisposition to act on";[91] but this predisposition is

probably no abnormality at all, only a {469} feature in the

ordinary sexual constitution of man.[92] It should be noticed

that the most common form of inversion, at least in Muhammedan

countries, is love of boys or youths not yet in the age of

puberty, that is, of male individuals who are physically very

like girls. Voltaire observes:--"Souvent un jeune garçon, par la

fraîcheur de son teint, par l'éclat de ses couleurs, et par la

douceur de ses yeux, ressemble pendant deux ou trois ans à une

belle fille; si on l'aime, c'est parce que la nature se

méprend."[93] Moreover, in normal cases sexual attraction depends

not only on sex, but on a youthful appearance as well; and there

are persons so constituted that to them the latter factor is of

chief importance, whilst the question of sex is almost a matter

of indifference.

[Footnote 85: Havelock Ellis, _op. cit._ p. 3.]

[Footnote 86: Krafft-Ebing, _op. cit._ p. 211 _sq._]

[Footnote 87: Moll, _op. cit._ p. 157 _sqq._]

[Footnote 88: Havelock Ellis, _op. cit._ p. 50 _sq._ _Cf._

_ibid._ p. 181 _sqq._]

[Footnote 89: _Ibid._ p. 3.]

[Footnote 90: _Cf._ Norman, 'Sexual Perversion,' in Tuke's

_Dictionary of Psychological Medicine_, ii. 1156.]

[Footnote 91: Havelock Ellis, _op. cit._ p. 191.]

[Footnote 92: Dr. Havelock Ellis also admits (_op. cit._ p. 190)

that, if in early life the sexual instincts are less definitely

determined than when adolescence is complete, "it is conceivable,

though unproved, that a very strong impression, acting even on a

normal organism, may cause arrest of sexual development on the

psychic side. It is a question," he adds, "I am not in a position

to settle."]

[Footnote 93: Voltaire, _Dictionnaire Philosophique_, art. 'Amour

Socratique,' (_[OE]uvres_, vii. 81). _Cf._ Ovid, _Metamorphoses_,

x. 84 _sq._]

In ancient Greece, also, not only homosexual intercourse but

actual inversion, seems to have been very common; and although

this, like every form of love, must have contained a congenital

element, there can be little doubt, I think, that it was largely

due to external circumstances of a social character. It may, in

the first place, be traced to the methods of training the youth.

In Sparta it seems to have been the practice for every youth of

good character to have his lover, or "inspirator,"[94] and for

every well-educated man to be the lover of some youth.[95] The

relations between the "inspirator" and the "listener" were

extremely intimate: at home the youth was constantly under the

eyes of his lover, who was supposed to be to him a model and

pattern of life;[96] in battle they stood near one another and

their fidelity and affection were often shown till death;[97] if

his relatives were absent, the youth {470} might be represented

in the public assembly by his lover;[98] and for many faults,

particularly want of ambition, the lover could be punished

instead of the "listener."[99] This ancient custom prevailed with

still greater force in Crete, which island was hence by many

persons considered to be the place of its birth.[100] Whatever

may have been the case originally, there can be no doubt that in

later times the relations between the youth and his lover implied

unchaste intercourse.[101] And in other Greek states the

education of the youth was accompanied by similar consequences.

At an early age the boy was taken away from his mother, and spent

thenceforth all his time in the company of men, until he reached

the age when marriage became for him a civic duty.[102] According

to Plato, the gymnasia and common meals among the youth "seem

always to have had a tendency to degrade the ancient and natural

custom of love below the level, not only of man, but of the

beasts."[103] Plato also mentions the effect which these habits

had on the sexual instincts of the men: when they reached manhood

they were lovers of youths and not naturally inclined to marry or

beget children, but, if at all, they did so only in obedience to

the law.[104] Is not this, in all probability, an instance of

acquired inversion? But besides the influence of education there

was another factor which, co-operating with it, favoured the

development of homosexual tendencies, namely, the great gulf

which mentally separated the sexes. Nowhere else has the

difference in culture between men and women been so immense as in

the fully developed Greek civilisation. The lot of a wife in

Greece was retirement and ignorance. She lived in almost absolute

seclusion, in a separate part of the house, together with her

female slaves, deprived of all the educating influence of male

society, and having no place at those public spectacles {471}

which were the chief means of culture.[105] In such circumstances

it is not difficult to understand that men so highly intellectual

as those of Athens regarded the love of women as the offspring of

the common Aphrodite, who "is of the body rather than of the

soul."[106] They had reached a stage of mental culture at which

the sexual instinct normally has a craving for refinement, at

which the gratification of mere physical lust appears brutal. In

the eyes of the most refined among them those who were inspired

by the heavenly Aphrodite loved neither women nor boys, but

intelligent beings whose reason was beginning to be developed,

much about the time at which their beards began to grow.[107] In

present China we meet with a parallel case. Dr. Matignon

observes:--"Il y a tout lieu de supposer que certains Chinois,

raffinés au point de vue intellectuel, recherchent dans la

pédérastie la satisfaction des sens et de l'esprit. La femme

chinoise est peu cultivée, ignorante même, quelle que soit sa

condition, honnête femme ou prostituée. Or le Chinois a souvent

l'âme poétique: il aime les vers, la musique, les belles

sentences des philosophes, autant de choses qu'il ne peut trouver

chez le beau sexe de l'Empire du Milieu."[108] So also it seems

that the ignorance and dullness of Muhammedan women, which is a

result of their total lack of education and their secluded life,

is a cause of homosexual practices; Moors are sometimes heard to

defend pederasty on the plea that the company of boys, who have

always news to tell, is so much more entertaining than the

company of women.

[Footnote 94: Servius, _In Vergilii Æneidos_, x. 325. For the

whole subject of pederasty among the Dorians see Mueller,

_History and Antiquities of the Doric Race_, ii. 307 _sq._]

[Footnote 95: Aelian, _Varia historia_, iii. 10.]

[Footnote 96: Mueller, _op. cit._ ii. 308.]

[Footnote 97: Xenophon, _Historia Græca_, iv. 8. 39.]

[Footnote 98: Plutarch, _Lycurgus_, xxv. 1.]

[Footnote 99: _Ibid._ xviii. 8. Aelian, _op. cit._ iii. 10.]

[Footnote 100: Aelian, _op. cit._ iii. 9. Athenaeus,

_Deipnosophistæ_, xiii. 77, p. 601.]

[Footnote 101: _Cf._ Symonds, 'Die Homosexualität in

Griechenland,' in Havelock Ellis and Symonds, _Das konträre

Geschlechtsgefühl_, p. 55.]

[Footnote 102: _Ibid._ p. 116. Döllinger, _The Gentile and the

Jew_, ii. 244.]

[Footnote 103: Plato, _Leges_, i. 636. _Cf._ Plutarch,

_Amatorius_, v. 9.]

[Footnote 104: Plato, _Symposium_, p. 192.]

[Footnote 105: 'State of Female Society in Greece,' in _Quarterly

Review_, xxii. 172 _sqq._ Lecky, _History of European Morals_,

ii. 287. Döllinger, _op. cit._ ii. 234.]

[Footnote 106: Plato, _Symposium_, p. 181. That the low state of

the Greek women was instrumental to pederasty has been pointed

out by Döllinger (_op. cit._ ii. 244) and Symonds (_loc. cit._

pp. 77, 100, 101, 116 _sqq._).]

[Footnote 107: Plato, _Symposium_, p. 181.]

[Footnote 108: Matignon, in _Archives d'anthropologie

criminelle_, xiv. 41.]

We have hitherto dealt with homosexual love as a fact; we shall

now pass to the moral valuation to which it is subject. Where it

occurs as a national habit we may assume that no censure, or no

severe censure, is passed on it. Among the Bataks of Sumatra

there is no punishment {472} for it.[109] Of the _bazirs_ among

the Ngajus of Pula Patak, in Borneo, Dr. Schwaner says that "in

spite of their loathsome calling they escape well-merited

contempt."[110] The Society Islanders had for their homosexual

practices "not only the sanction of their priests, but the direct

example of their respective deities."[111] The _tsekats_ of

Madagascar maintained that they were serving the deity by leading

a feminine life;[112] but we are told that at Ankisimane and in

Nossi-Bé, opposite to it, pederasts are objects of public

contempt.[113] Father Veniaminof says of the Atkha Aleuts that

"sodomy and too early cohabitation with a betrothed or intended

wife are called among them grave sins";[114] but apart from the

fact that his account of these natives in general gives the

impression of being somewhat eulogistic, the details stated by

him only show that the acts in question were considered to

require a simple ceremony of purification.[115] There is no

indication that the North American aborigines attached any

opprobrium to men who had intercourse with those members of their

own sex who had assumed the dress and habits of women. In Kadiak

such a companion was on the contrary regarded as a great

acquisition; and the effeminate men themselves, far from being

despised, were held in repute by the people, most of them being

wizards.[116] We have previously noticed the connection between

homosexual practices and shamanism among various Siberian

peoples; and it is said that such shamans as had changed their

sex were greatly feared by the people, being regarded as very

powerful.[117] Among the Illinois and Naudowessies the {473}

effeminate men assist in all the juggleries and the solemn dance

in honour of the _calumet_, or sacred tobacco pipe, for which the

Indians have such a deference that one may call it "the god of

peace and war, and the arbiter of life and death"; but they are

not permitted either to dance or sing. They are called into the

councils of the Indians, and nothing can be decided upon without

their advice; for because of their extraordinary manner of living

they are looked upon as _manitous_, or supernatural beings, and

persons of consequence.[118] The Sioux, Sacs, and Fox Indians

give once a year, or oftener if they choose, a feast to the

_Berdashe_, or _I-coo-coo-a_, who is a man dressed in woman's

clothes, as he has been all his life. "For extraordinary

privileges which he is known to possess, he is driven to the most

servile and degrading duties, which he is not allowed to escape;

and he being the only one of the tribe submitting to this

disgraceful degradation, is looked upon as 'medicine' and sacred,

and a feast is given to him annually; and initiatory to it, a

dance by those few young men of the tribe who can . . . . dance

forward and publicly make their boast (without the denial of the

Berdashe) . . . . Such, and such only, are allowed to enter the

dance and partake of the feast."[119] Among some American tribes,

however, these effeminate men are said to be despised, especially

by the women.[120] In ancient Peru, also, homosexual practices

seem to have entered in the religious cult. In some particular

places, says Cieza de Leon, boys were kept as priests in the

temples, with whom it was rumoured that the lords joined in

company on days of festivity. They did not meditate, he adds, the

committing of such sin, but only the offering of sacrifice to the

demon. If the Incas by chance had some knowledge of such

proceedings in the temple, they might have {474} ignored them out

of religious tolerance.[121] But the Incas themselves were not

only free from such practices in their own persons, they would

not even permit any one who was guilty of them to remain in the

royal houses or palaces. And Cieza heard it related that, if it

came to their knowledge that somebody had committed an offence of

that kind, they punished it with such a severity that it was

known to all.[122] Las Casas tells us that in several of the more

remote provinces of Mexico sodomy was tolerated, if not actually

permitted, because the people believed that their gods were

addicted to it; and it is not improbable that in earlier times

the same was the case in the entire empire.[123] But in a later

age severe measures were adopted by legislators in order to

suppress the practice. In Mexico people found guilty of it were

killed.[124] In Nicaragua it was punished capitally by

stoning,[125] and none of the Maya nations was without strict

laws against it.[126] Among the Chibchas of Bogota the punishment

for it was the infliction of a painful death.[127] However, it

should be remembered that the ancient culture nations of America

were generally extravagant in their punishments, and that their

penal codes in the first place expressed rather the will of their

rulers than the feelings of the people at large.[128]

[Footnote 109: Junghuhn, _op. cit._ ii. 157, n.]

[Footnote 110: Schwaner, _op. cit._ i. 186.]

[Footnote 111: Ellis, _Polynesian Researches_, i. 258. _Cf._

Moerenhout, _Voyages aux îles du Grand Océan_, ii. 167 _sq._]

[Footnote 112: de Flacourt, _op. cit._ p. 86.]

[Footnote 113: Walter, in Steinmetz, _Rechtsverhältnisse_, p. 376.]

[Footnote 114: Veniaminof, quoted by Petroff, _Report on Alaska_,

p. 158.]

[Footnote 115: _Ibid._ p. 158:--"The offender desirous of

unburdening himself selected a time when the sun was clear and

unobscured; he picked up certain weeds and carried them about his

person; then deposited them and threw his sin upon them, calling

the sun as a witness, and, when he had eased his heart of all

that had weighed upon it, he threw the grass or weeds into the

fire, and after that considered himself cleansed of his sin."]

[Footnote 116: Davydow, quoted by Holmberg, _loc. cit._ p. 400

_sq._ Lisianski, _op. cit._ p. 199.]

[Footnote 117: Bogoraz, quoted by Demidoff, _op. cit._ p. 75.

Jochelson, _op. cit._ p. 52 _sq._]

[Footnote 118: Marquette, _op. cit._ p. 53 _sq._]

[Footnote 119: Catlin, _North American Indians_, ii. 214 _sq._]

[Footnote 120: 'La Salle's Last Expedition in North America,' in

_Collections of the New-York Historical Society_, ii. 238

(Illinois). Perrin du Lac, _Voyage dans les deux Louisianes et

chez les nations sauvages du Missouri_, p. 352. Bossu, _op. cit._

i. 303 (Chactaws). Oviedo y Valdés, _loc. cit._ p. 508

(Isthmians). von Martius, _Von dem Rechtszustande unter den

Ureinwohnern Brasiliens_, p. 28 (Guaycurús).]

[Footnote 121: Cieza de Leon, _Segunda parte de Crónica del

Perú_, ch. 25, p. 99. See also _Idem_, _Crónica del Perú [primera

parte]_, ch. 64 (_Biblioteca de autores españoles_, xxvi. 416 _sq._).]

[Footnote 122: _Idem_, _Segunda parte de Crónica del Perú_, ch.

25, p. 98. See also Garcilasso de la Vega, _op. cit._ ii. 132.]

[Footnote 123: Las Casas, quoted by Bancroft, _op. cit._ ii. 467

_sq._ _Cf._ _ibid._ ii. 677.]

[Footnote 124: Clavigero, _History of Mexico_, i. 357.]

[Footnote 125: Squier, 'Archæology and Ethnology of Nicaragua,'

in _Trans. American Ethn. Soc._ iii. pt. i. 128.]

[Footnote 126: Bancroft, _op. cit._ ii. 677.]

[Footnote 127: Piedrahita, _Historia general de las conquistas

del nuevo reyno de Granada_, p. 46.]

[Footnote 128: See _supra_, i. 186, 195.]

Homosexual practices are said to be taken little notice of even

by some uncivilised peoples who are not addicted to them. In the

Pelew Islands, where such practices occur only sporadically, they

are not punished, although, if I understand Herr Kubary rightly,

the persons committing them may be put to shame.[129] The Ossetes

of the Caucasus, {475} among whom pederasty is very rare, do not

generally prosecute persons for committing it, but ignore the

act.[130] The East African Masai do not punish sodomy.[131] But

we also meet with statements of a contrary nature. In a Kafir

tribe Mr. Warner heard of a case of it--the only one during a

residence of twenty-five years--which was punished with a fine of

some cattle claimed by the chief.[132] Among the Ondonga

pederasts are hated, and the men who behave like women are

detested, most of them being wizards.[133] The Washambala

consider pederasty a grave moral aberration and subject it to

severe punishment.[134] Among the Waganda homosexual practices,

which have been introduced by the Arabs and are of rare

occurrence, "are intensely abhorred," the stake being the

punishment.[135] The Negroes of Accra, who are not addicted to

such practices, are said to detest them.[136] In Nubia pederasty

is held in abhorrence, except by the Kashefs and their relations,

who endeavour to imitate the Mamelukes in everything.[137]

[Footnote 129: Kubary, 'Die Verbrechen und das Strafverfahren auf

den Pelau-Inseln,' in _Original-Mittheilungen aus der

ethnologischen Abtheilung der königlichen Museen zu Berlin_, i. 84.]

[Footnote 130: Kovalewsky, _Coutume contemporaine_, p. 340.]

[Footnote 131: Merker, _Die Masai_, p. 208. The Masai, however,

slaughter at once any bullock or he-goat which is noticed to

practise unnatural intercourse, for fear lest otherwise their

herds should be visited by a plague as a divine punishment

(_ibid._ p. 159).]

[Footnote 132: Warner, in Maclean, _Compendium of Kafir Laws_,

p. 62.]

[Footnote 133: Rautanen, in Steinmetz, _Rechtsverhältnisse_,

p. 333 _sq._]

[Footnote 134: Lang, _ibid._ p. 232.]

[Footnote 135: Felkin, in _Proceed. Roy. Soc. Edinburgh_, xiii. 723.]

[Footnote 136: Monrad, _op. cit._ p. 57.]

[Footnote 137: Burckhardt, _Travels in Nubia_, p. 135.]

Muhammed forbade sodomy,[138] and the general opinion of his

followers is that it should be punished like fornication--for

which the punishment is, theoretically, severe enough[139]--unless

the offenders make a public act of penitence. In order to

convict, however, the law requires that four reliable persons

shall swear to have been eye-witnesses,[140] and this alone would

make the law a dead letter, even if it had the support of popular

feelings; but such support is certainly wanting. In Morocco

active {476} pederasty is regarded with almost complete

indifference, whilst the passive sodomite, if a grown-up

individual, is spoken of with scorn. Dr. Polak says the same of

the Persians.[141] In Zanzibar a clear distinction is made

between male congenital inverts and male prostitutes; the latter

are looked upon with contempt, whereas the former, as being what

they are "by the will of God," are tolerated.[142] The

Muhammedans of India and other Asiatic countries regard

pederasty, at most, as a mere peccadillo.[143] Among the Hindus

it is said to be held in abhorrence,[144] but their sacred books

deal with it leniently. According to the 'Laws of Manu,' "a

twice-born man who commits an unnatural offence with a male, or

has intercourse with a female in a cart drawn by oxen, in water,

or in the day-time, shall bathe, dressed in his clothes"; and all

these are reckoned as minor offences.[145]

[Footnote 138: _Koran_, iv. 20.]

[Footnote 139: Sachau, _Muhammedanisches Recht nach

Schafiitischer Lehre_, pp. 809, 818:--"Sodomita si _mu[h.][s.]an_

(that is, a married person in possession of full civic rights)

est punitur lapidatione, si non est _mu[h.][s.]an_ punitur et

flagellatione et exsilio."]

[Footnote 140: Burton, _Arabian Nights_, x. 224.]

[Footnote 141: Polak, in _Wiener Medizinische Wochenschrift_,

xi. 628 _sq._]

[Footnote 142: Baumann, in _Verhandl. Berliner Gesellsch.

Anthrop._ 1899, p. 669.]

[Footnote 143: Chevers, _op. cit._ p. 708. Burton, _Arabian

Nights_, x. 222 _sqq._]

[Footnote 144: Burton, _Arabian Nights_, x. 237.]

[Footnote 145: _Laws of Manu_, xi. 175. _Cf._ _Institutes of

Vishnu_, liii. 4; _Âpastamba_, i. 9. 26. 7; _Gautama_, xxv. 7.]

Chinese law makes little distinction between unnatural and other

sexual offences. An unnatural offence is variously considered

according to the age of the patient, and whether or not consent

was given. If the patient be an adult, or a boy over the age of

twelve, and consent, the case is treated as a slightly aggravated

form of fornication, both parties being punished with a hundred

blows and one month's cangue, whilst ordinary fornication is

punished with eighty blows. If the adult or boy over twelve

resist, the offence is considered as rape; and if the boy be

under twelve, the offence is rape irrespective of consent or

resistance, unless the boy has previously gone astray.[146] But,

as a matter of fact, unnatural offences are regarded as less

hurtful to the community than ordinary immorality,[147] and

pederasty is not looked down upon. "L'opinion publique reste tout

à fait indifférente à ce genre de distraction et la {477} morale

ne s'en émeut en rien: puisque cela plaît à l'opérateur et que

l'opéré est consentant, tout est pour le mieux; la loi chinoise

n'aime guère à s'occuper des affaires trop intimes. La pédérastie

est même considérée comme une chose de bon ton, une fantaisie

dispendieuse et partout un plaisir élégant. . . . La pédérastie a

une consécration officielle en Chine. Il existe, en effet, des

pédérés pour l'Empereur."[148] Indeed, the only objection which

Dr. Matignon has heard to be raised to pederasty by public

opinion in China is that it has a bad influence on the

eyesight.[149] In Japan there was no law against homosexual

intercourse till the revolution of 1868.[150] In the period of

Japanese chivalry it was considered more heroic if a man loved a

person of his own sex than if he loved a woman; and nowadays

people are heard to say that in those provinces of the country

where pederasty is widely spread the men are more manly and

robust than in those where it does not prevail.[151]

[Footnote 146: Alabaster, _Notes and Commentaries on Chinese

Criminal Law_, p. 367 _sqq._ _Ta Tsing Leu Lee_, Appendix, no.

xxxii. p. 570.]

[Footnote 147: Alabaster, _op. cit._ p. 369.]

[Footnote 148: Matignon, in _Archives d'anthropologie

criminelle_, xiv. 42, 43, 52.]

[Footnote 149: _Ibid._ p. 44.]

[Footnote 150: Karsch, _op. cit._ p. 99.]

[Footnote 151: Jwaya, in _Jahrbuch für sexuelle Zwischenstufen_,

iv. 266, 270 _sq._]

The laws of the ancient Scandinavians ignored homosexual

practices; but passive pederasts were much despised by them. They

were identified with cowards and regarded as sorcerers. The

epithets applied to them--_argr_, _ragr_, _blandr_, and others

assumed the meaning of "poltroon" in general, and there are

instances of the word _arg_ being used in the sense of

"practising witchcraft." This connection between pederasty and

sorcery, as a Norwegian scholar justly points out, helps us to

understand Tacitus' statement that among the ancient Teutons

individuals whom he describes as _corpore infames_ were buried

alive in a morass.[152] Considering that drowning was a common

penalty for sorcery, it seems probable that this punishment was

inflicted upon them not, in the first place, on account of their

sexual practices, but in their capacity of wizards. It is certain

that the opprobrium which the pagan Scandinavians attached to

homosexual love was chiefly restricted to him who played the

woman's part. In one of the poems {478} the hero even boasts of

being the father of offspring borne by another man.[153]

[Footnote 152: Tacitus, _Germania_, 12.]

[Footnote 153: 'Spuren von Konträrsexualität bei den alten

Skandinaviern (Mitteilungen eines norwegischen Gelehrten),' in

_Jahrbuch für sexuelle Zwischenstufen_, iv. 245, 256 _sqq._]

In Greece pederasty in its baser forms was censured, though

generally, it seems, with no great severity, and in some states

it was legally prohibited.[154] According to an Athenian law, a

youth who prostituted himself for money lost his rights as a free

citizen and was liable to the punishment of death if he took part

in a public feast or entered the _agora_.[155] In Sparta it was

necessary that the "listener" should accept the "inspirator" from

real affection; he who did so out of pecuniary considerations was

punished by the ephors.[156] We are even told that among the

Spartans the relations between the lover and his friend were

truly innocent, and that if anything unlawful happened both must

forsake either their country or their lives.[157] But the

universal rule in Greece seems to have been that when decorum was

observed in the friendship between a man and a youth, no

inquiries were made into the details of the relationship.[158]

And this attachment was not only regarded as permissible, but was

praised as the highest and purest form of love, as the offspring

of the heavenly Aphrodite, as a path leading to virtue, as a

weapon against tyranny, as a safeguard of civic liberty, as a

source of national greatness and glory. Phaedrus said that he

knew no greater blessing to a young man who is beginning life

than a virtuous lover, or to the lover than a beloved youth; for

the principle which ought to be the guide of men who would lead a

noble life cannot be implanted by any other motive so well as by

love.[159] The Platonic Pausanias argued that if love of youths

is held in ill repute it is so only because it is inimical to

tyranny; "the interests of rulers require that their subjects

should {479} be poor in spirit, and that there should be no

strong bond of friendship or society among them, which love,

above all other motives, is likely to inspire."[160] The power of

the Athenian tyrants was broken by the love of Aristogeiton and

the constancy of Harmodius; at Agrigentum in Sicily the mutual

love of Chariton and Melanippus produced a similar result; and

the greatness of Thebes was due to the Sacred Band established by

Epaminondas. For "in the presence of his favourite, a man would

choose to do anything rather than to get the character of a

coward."[161] It was pointed out that the greatest heroes and the

most warlike nations were those who were most addicted to the

love of youths;[162] and it was said that an army consisting of

lovers and their beloved ones, fighting at each other's side,

although a mere handful, would overcome the whole world.[163]

[Footnote 154: Xenophon, _Lacedæmoniorum respublica_, ii. 13.

Maximus Tyrius, _Dissertationes_, xxv. 4; xxvi. 9.]

[Footnote 155: Aeschines, _Contra Timarchum_, 21.]

[Footnote 156: Aelian, _Varia historia_, iii. 10. _Cf._ Plato,

_Leges_, viii. 910.]

[Footnote 157: Aelian, _op. cit._ iii. 12. _Cf._ Maximus Tyrius,

_op. cit._ xxvi. 8.]

[Footnote 158: _Cf._ Symonds, _loc. cit._ p. 92 _sqq._]

[Footnote 159: Plato, _Symposium_, p. 178.]

[Footnote 160: Plato, _Symposium_, p. 182.]

[Footnote 161: Hieronymus, the Peripatetic, referred to by

Athenaeus, _op. cit._ xiii. 78, p. 602. See also Maximus Tyrius,

_op. cit._ xxiv. 2.]

[Footnote 162: Plutarch, _Amatorius_, xvii. 14.]

[Footnote 163: Plato, _Symposium_, p. 178.]

Herodotus asserts that the love of boys was introduced from

Greece into Persia.[164] Whether his statement be correct or not,

such love could certainly not have been a habit of the Mazda

worshippers.[165] In the Zoroastrian books "unnatural sin" is

treated with a severity to which there is a parallel only in

Hebrewism and Christianity. According to the Vendîdâd, there is

no atonement for it.[166] It is punished with torments in the

other world, and is capital here below.[167] Even he who

committed it involuntarily, by force, is subject to corporal

punishment.[168] Indeed, it is a more heinous sin than the

slaying of a righteous man.[169] "There is no worse sin than this

in the good religion, and it is proper to call those who commit

it worthy of death in reality. If any one comes forth to them,

and shall see {480} them in the act, and is working with an axe,

it is requisite for him to cut off the heads or to rip up the

bellies of both, and it is no sin for him. But it is not proper

to kill any person without the authority of high-priests and

kings, except on account of committing or permitting unnatural

intercourse."[170]

[Footnote 164: Herodotus, i. 135.]

[Footnote 165: Ammianus Marcellinus says (xxiii. 76) that the

inhabitants of Persia were free from pederasty. But see also

Sextus Empiricus, _Pyrrhoniæ hypotyposes_, i. 152.]

[Footnote 166: _Vendîdâd_, i. 12; viii. 27.]

[Footnote 167: Darmesteter, in _Sacred Books of the East_,

iv. p. lxxxvi.]

[Footnote 168: _Vendîdâd_, viii. 26.]

[Footnote 169: _Dînâ-î Maînôg-î Khirad_, xxxvi. 1 _sqq._]

[Footnote 170: _Sad Dar_, ix. 2, _sqq._]

Nor are unnatural sins allowed to defile the land of the Lord.

Whosoever shall commit such abominations, be he Israelite or

stranger dwelling among the Israelites, shall be put to death,

the souls that do them shall be cut off from their people. By

unnatural sins of lust the Canaanites polluted their land, so

that God visited their guilt, and the land spued out its

inhabitants.[171]

[Footnote 171: _Leviticus_, xviii. 22, 24 _sqq._; xx. 13.]

This horror of homosexual practices was shared by Christianity.

According to St. Paul, they form the climax of the moral

corruption to which God gave over the heathen because of their

apostasy from him.[172] Tertullian says that they are banished

"not only from the threshold, but from all shelter of the church,

because they are not sins, but monstrosities."[173] St. Basil

maintains that they deserve the same punishment as murder,

idolatry, and witchcraft.[174] According to a decree of the

Council of Elvira, those who abuse boys to satisfy their lusts

are denied communion even at their last hour.[175] In no other

point of morals was the contrast between the teachings of

Christianity and the habits and opinions of the world over which

it spread more radical than in this. In Rome there was an old law

of unknown date, called Lex Scantinia (or Scatinia), which

imposed a mulct on him who committed pederasty with a free

person;[176] but this law, of which {481} very little is known,

had lain dormant for ages, and the subject of ordinary homosexual

intercourse had never afterwards attracted the attention of the

pagan legislators.[177] But when Christianity became the religion

of the Roman Empire, a veritable crusade was opened against it.

Constantius and Constans made it a capital crime, punishable with

the sword.[178] Valentinian went further still and ordered that

those who were found guilty of it should be burned alive in the

presence of all the people.[179] Justinian, terrified by certain

famines, earthquakes, and pestilences, issued an edict which

again condemned persons guilty of unnatural offences to the

sword, "lest, as the result of these impious acts, whole cities

should perish together with their inhabitants," as we are taught

by Holy Scripture that through such acts cities have perished

with the men in them.[180] "A sentence of death and infamy," says

Gibbon, "was often founded on the slight and suspicious evidence

of a child or a servant, . . . and pederasty became the crime of

those to whom no crime could be imputed."[181]

[Footnote 172: _Romans_, i. 26 _sq._]

[Footnote 173: Tertullian, _De pudicitia_, 4 (Migne, _Patrologiæ

cursus_, ii. 987).]

[Footnote 174: St. Basil, quoted by Bingham, _Works_, vi. 432 _sq._]

[Footnote 175: _Concilium Eliberitanum_, ch. 71 (Labbe-Mansi,

_Sacrorum Conciliorum collectio_, ii. 17).]

[Footnote 176: Juvenal, _Satiræ_, ii. 43 _sq._ Valerius Maximus,

_Facta dictaque memorabilia_, vi. 1. 7. Quintilian, _Institutio

oratoria_, iv. 2. 69:--"Decem milia, quae poena stupratori

constituta est, dabit." Christ, _Hist. Legis Scatiniæ_, quoted by

Döllinger, _op. cit._ ii. 274. Rein, _Criminalrecht der Römer_,

p. 865 _sq._ Bingham, _op. cit._ vi. 433 _sqq._ Mommsen,

_Römisches Strafrecht_, p. 703 _sq._]

[Footnote 177: Mommsen, _op. cit._ p. 704. Rein, _op. cit._ p.

866. The passage in _Digesta_, xlviii. 5. 35. 1, refers to

_stuprum_ independently of the sex of the victim.]

[Footnote 178: _Codex Theodosianus_, ix. 7. 3. _Codex

Justinianus_, ix. 9. 30.]

[Footnote 179: _Codex Theodosianus_, ix. 7. 6.]

[Footnote 180: _Novellæ_, 77. See also _ibid._ 141, and

_Institutiones_, iv. 18. 4.]

[Footnote 181: Gibbon, _History of the Decline and Fall of the

Roman Empire_, v. 323.]

This attitude towards homosexual practices had a profound and

lasting influence on European legislation. Throughout the Middle

Ages and later, Christian lawgivers thought that nothing but a

painful death in the flames could atone for the sinful act.[182]

In England Fleta {482} speaks of the offender being buried

alive;[183] but we are elsewhere told that burning was the due

punishment.[184] As unnatural intercourse, however, was a subject

for ecclesiastical cognizance, capital punishment could not be

inflicted on the criminal unless the Church relinquished him to

the secular arm; and it seems very doubtful whether she did

relinquish him. Sir Frederick Pollock and Professor Maitland

consider that the statute of 1533, which makes sodomy felony,

affords an almost sufficient proof that the temporal courts had

not punished it, and that no one had been put to death for it for

a very long time past.[185] It was said that the punishment for

this crime--which the English law, in its very indictments,

treats as a crime not fit to be named[186]--was determined to be

capital by "the voice of nature and of reason, and the express

law of God";[187] and it remained so till 1861,[188] although in

practice the extreme punishment was not inflicted.[189] In France

persons were actually burned for this crime in the middle and

latter part of the eighteenth century.[190] But in this, as in so

many other respects, the rationalistic movement of that age

brought about a change.[191] To punish sodomy with death, it was

said, is atrocious; when unconnected with violence, the law ought

to take no notice of it at all. It does not violate any other

person's right, its influence on society is merely indirect, like

that of drunkenness and free love; it is a disgusting vice, but

its only proper punishment is contempt.[192] This view was

adopted by the French 'Code pénal,' according to which homosexual

practices in private, between two consenting adult parties,

whether men or women, are absolutely {483} unpunished. The

homosexual act is treated as a crime only when it implies an

outrage on public decency, or when there is violence or absence

of consent, or when one of the parties is under age or unable to

give valid consent.[193] This method of dealing with

homosexuality has been followed by the legislators of various

European countries,[194] and in those where the law still treats

the act in question _per se_ as a penal offence, notably in

Germany, a propaganda in favour of its alteration is carried on

with the support of many men of scientific eminence. This changed

attitude of the law towards homosexual intercourse undoubtedly

indicates a change of moral opinions. Though it is impossible to

measure exactly the degree of moral condemnation, I suppose that

few persons nowadays attach to it the same enormity of guilt as

did our forefathers. And the question has even been put whether

morality has anything at all to do with a sexual act, committed

by the mutual consent of two adult individuals, which is

productive of no offspring, and which on the whole concerns the

welfare of nobody but the parties themselves.[195]

[Footnote 182: Du Boys, _Histoire du droit criminel de

l'Espagne_, pp. 93, 403. _Les Établissements de Saint Louis_, i.

90, vol. ii. 147. Beaumanoir, _Coutumes du Beauvoisis_, xxx. 11,

vol. i. 413. Montesquieu, _De l'esprit des lois_, xii. 6

(_[OE]uvres_, p. 283). Hume, _Commentaries on the Law of

Scotland_, ii. 335; Pitcairn, _Criminal Trials in Scotland_, ii.

491, n. 2. Clarus, _Practica criminalis_, book v. § Sodomia, 4

(_Opera omnia_, ii. 151). Jarcke, _Handbuch des gemeinen

deutschen Strafrechts_, iii. 172 _sqq._ Charles V.'s _Peinliche

Gerichtsordnung_, art. 116. Henke, _Geschichte des deutschen

peinlichen Rechts_, i. 289. Numa Praetorius, 'Die strafrechtlichen

Bestimmungen gegen den gleichgeschlechtlichen Verkehr,' in

_Jahrbuch für sexuelle Zwischenstufen_, i. 124 _sqq._ In the

beginning of the nineteenth century sodomy was still nominally

subject to capital punishment by burning in Bavaria (von

Feuerbach, _Kritik des Kleinschrodischen Entwurfs zu einem

peinlichen Gesetzbuche für die Chur-Pfalz-Bayrischen Staaten_,

ii. 13), and in Spain as late as 1843 (Du Boys, _op. cit._ p. 721).]

[Footnote 183: Fleta, i. 37. 3, p. 84.]

[Footnote 184: Britton, i. 10, vol. i. 42.]

[Footnote 185: Pollock and Maitland, _History of English Law

before the Time of Edward I._ ii. 556 _sq._]

[Footnote 186: Coke, _Third Part of the Institutes of the Laws of

England_, p. 58 _sq._ Blackstone, _Commentaries on the Laws of

England_, iv. 218.]

[Footnote 187: Blackstone, _op. cit._ iv. 218.]

[Footnote 188: Stephen, _History of the Criminal Law of England_,

i. 475.]

[Footnote 189: Blackstone, _op. cit._ iv. 218.]

[Footnote 190: Desmaze, _Pénalités anciennes_, p. 211. Havelock

Ellis, _op. cit._ p. 207.]

[Footnote 191: Numa Praetorius, _loc. cit._ p. 121 _sqq._]

[Footnote 192: Note of the editors of Kehl's edition of

Voltaire's 'Prix de la justice et de l'humanité,' in _[OE]uvres

complètes_, v. 437, n. 2.]

[Footnote 193: _Code pénal_, 330 _sqq._ _Cf._ Chevalier,

_L'inversion sexuelle_, p. 431 _sqq._; Havelock Ellis, _op. cit._

p. 207 _sq._]

[Footnote 194: Numa Praetorius, _loc. cit._ pp. 131-133, 143 _sqq._]

[Footnote 195: See, _e.g._, Bax, _Ethics of Socialism_, p. 126.]

From this review of the moral ideas on the subject, incomplete

though it be, it appears that homosexual practices are very

frequently subject to some degree of censure, though the degree

varies extremely. This censure is no doubt, in the first place,

due to that feeling of aversion or disgust which the idea of

homosexual intercourse tends to call forth in normally

constituted adult individuals whose sexual instincts have

developed under normal conditions. I presume that nobody will

deny the general prevalence of such a tendency. It corresponds to

that instinctive repugnance to sexual connections with women

which is so frequently found in congenital inverts; whilst that

particular form of it with which legislators have chiefly busied

themselves evokes, in addition, a physical disgust of its own.

And in a society where the {484} large majority of people are

endowed with normal sexual desires their aversion to

homosexuality easily develops into moral censure and finds a

lasting expression in custom, law, or religious tenets. On the

other hand, where special circumstances have given rise to widely

spread homosexual practices, there will be no general feeling of

disgust even in the adults, and the moral opinion of the society

will be modified accordingly. The act may still be condemned, in

consequence of a moral doctrine formed under different

conditions, or of the vain attempts of legislators to check

sexual irregularities, or out of utilitarian considerations; but

such a condemnation would in most people be rather theoretical

than genuine. At the same time the baser forms of homosexual love

may be strongly disapproved of for the same reasons as the baser

forms of intercourse between men and women; and the passive

pederast may be an object of contempt on account of the feminine

practices to which he lends himself, as also an object of hatred

on account of his reputation for sorcery. We have seen that the

effeminate men are frequently believed to be versed in

magic;[196] their abnormalities readily suggest that they are

endowed with supernatural power, and they may resort to

witchcraft as a substitute for their lack of manliness and

physical strength. But the supernatural qualities or skill in

magic ascribed to men who behave like women may also, instead of

causing hatred, make them honoured or reverenced.

[Footnote 196: See also Bastian, in _Zeitschr. f. Ethnol._ i. 88

_sq._ Speaking of the witches of Fez, Leo Africanus says

(_History and Description of Africa_, ii. 458) that "they haue a

damnable custome to commit vnlawfull Venerie among themselues."

Among the Patagonians, according to Falkner (_Description of

Patagonia_, p. 117), the male wizards are chosen for their office

when they are children, and "a preference is always shown to

those who at that early time of life discover an effeminate

disposition." They are obliged, as it were, to leave their sex,

and to dress themselves in female apparel.]

It has been suggested that the popular attitude towards

homosexuality was originally an aspect of economics, a question

of under- or over-population, and that it was forbidden or

allowed accordingly. Dr. Havelock Ellis thinks it probable that

there is a certain relationship {485} between the social reaction

against homosexuality and against infanticide:--"Where the one is

regarded leniently and favourably, there generally the other is

also; where the one is stamped out, the other is usually stamped

out."[197] But our defective knowledge of the opinions of the

various savage races concerning homosexuality hardly warrants

such a conclusion; and if a connection really does exist between

homosexual practices and infanticide it may be simply due to the

numerical disproportion between the sexes resulting from the

destruction of a multitude of female infants.[198] On the other

hand we are acquainted with several facts which are quite at

variance with Dr. Ellis's suggestion. Among many Hindu castes

female infanticide has for ages been a genuine custom,[199] and

yet pederasty is remarkably rare among the Hindus. The ancient

Arabs were addicted to infanticide,[200] but not to homosexual

love,[201] whereas among modern Arabs the case is exactly the

reverse. And if the early Christians deemed infanticide and

pederasty equally heinous sins, they did so certainly not because

they were anxious that the population should increase; if this

had been their motive they would hardly have glorified celibacy.

It is true that in a few cases the unproductiveness of homosexual

love has been given by indigenous writers as a reason for its

encouragement or condemnation. It was said that the Cretan law on

the subject had in view to check the growth of population; but,

like Döllinger,[202] I do not believe that this assertion touches

the real root of the matter. More importance may be attached to

the following passage in one of the Pahlavi texts:--"He who is

wasting seed makes a practice of causing the death of progeny;

when the custom is completely continuous, which produces an evil

stoppage of the progress of the race, the creatures have become

annihilated; and certainly, that action, from which, when it is

universally proceeding, the depopulation {486} of the world must

arise, has become and furthered the greatest wish of

Aharman."[203] I am, however, of opinion that considerations of

this kind have generally played only a subordinate, if any, part

in the formation of the moral opinions concerning homosexual

practices. And it can certainly not be admitted that the severe

Jewish law against sodomy was simply due to the fact that the

enlargement of the population was a strongly felt social need

among the Jews.[204] However much they condemned celibacy, they

did not put it on a par with the abominations of Sodom. The

excessive sinfulness which was attached to homosexual love by

Zoroastrianism, Hebrewism, and Christianity, had quite a special

foundation. It cannot be sufficiently accounted for either by

utilitarian considerations or instinctive disgust. The abhorrence

of incest is generally a much stronger feeling than the aversion

to homosexuality. Yet in the very same chapter of Genesis which

describes the destruction of Sodom and Gomorrah we read of the

incest committed by the daughters of Lot with their father; [205]

and, according to the Roman Catholic doctrine, unnatural

intercourse is an even more heinous sin than incest and

adultery.[206] The fact is that homosexual practices were

intimately associated with the gravest of all sins: unbelief,

idolatry, or heresy.

[Footnote 197: Havelock Ellis, _op. cit._ p. 206. See Additional

Notes.]

[Footnote 198: _Cf._ _supra_, ii. 466 (Tahitians).]

[Footnote 199: _Supra_, i. 407.]

[Footnote 200: _Supra_, i. 406 _sq._]

[Footnote 201: von Kremer, _Culturgeschichte des Orients_, ii. 129.]

[Footnote 202: Döllinger, _op. cit._ ii. 239.]

[Footnote 203: _Dâdistân-î Dînîk_, lxxvii. 11.]

[Footnote 204: Havelock Ellis, _op. cit._ p. 206.]

[Footnote 205: _Genesis_, xix. 31 _sqq._]

[Footnote 206: Thomas Aquinas, _Summa theologica_, ii.-ii. 154.

12. Katz, _Grundriss des kanonischen Strafrechts_, pp. 104, 118,

120. Clarus, _Practica criminalis_, book v. § Sodomia,

Additiones, 1 (_Opera omnia_, ii. 152):--"Hoc vitium est majus,

quam si quis propriam matrem cognosceret."]

According to Zoroastrianism, unnatural sin had been created by

Angra Mainyu.[207] "Aharman, the wicked, miscreated the demons

and fiends, and also the remaining corrupted ones, by his own

unnatural intercourse."[208] Such intercourse is on a par with

Afrâsiyâb, a Turanian king who conquered the Iranians for twelve

years;[209] with Dahâk, a king or dynasty who is said to have

conquered Yim and reigned for a thousand years;[210] with Tûr-i

Brâdar-vakhsh, {487} a heterodox wizard by whom the best men were

put to death.[211] He who commits unnatural sin is "in his whole

being a Daêva";[212] and a Daêva-worshipper is not a bad

Zoroastrian, but a man who does not belong to the Zoroastrian

system, a foreigner, a non-Aryan.[213] In the Vendîdâd, after the

statement that the voluntary commission of unnatural sin is a

trespass for which there is no atonement for ever and ever, the

question is put, When is it so? And the answer given is:--If the

sinner be a professor of the religion of Mazda, or one who has

been taught in it. If not, his sin is taken from him, in case he

makes confession of the religion of Mazda and resolves never to

commit again such forbidden deeds.[214] This is to say, the sin

is inexpiable if it involves a downright defiance of the true

religion, it is forgiven if it is committed in ignorance of it

and is followed by submission. From all this it appears that

Zoroastrianism stigmatised unnatural intercourse as a practice of

infidels, as a sign of unbelief. And I think that certain facts

referred to above help us to understand why it did so. Not only

have homosexual practices been commonly associated with sorcery,

but such an association has formed, and partly still forms, an

incident of the shamanistic system prevalent among the Asiatic

peoples of Turanian stock, and that it did so already in remote

antiquity is made extremely probable by statements which I have

just quoted from Zoroastrian texts. To this system Zoroastrianism

was naturally furiously opposed, and the "change of sex" therefore

appeared to the Mazda worshipper as a devilish abomination.

[Footnote 207: _Vendîdâd_, i. 12.]

[Footnote 208: _Dînâ-î Maînôg-î Khirad_, viii. 10.]

[Footnote 209: _Sad Dar_, ix. 5. West's note to _Dînâ-î Maînôg-î

Khirad_, viii. 29 (**_Sacred Books of the East_, xxiv. 35, n. 4.)]

[Footnote 210: _Sad Dar_, ix. 5. West's note to _Dînâ-î Maînôg-î

Khirad_, viii. 29 (_Sacred Books of the East_, xxiv. 35, n. 3).]

[Footnote 211: _Sad Dar_, ix. 5. West's note to _Dâdistân-î

Dînîk_, lxxii. 8 (_Sacred Books of the East_, xviii. 218).]

[Footnote 212: _Vendîdâd_, viii. 32.]

[Footnote 213: Darmesteter, in _Sacred Books of the East_, iv. p. li.]

[Footnote 214: _Vendîdâd_, viii. 27 _sq._]

So also the Hebrews abhorrence of sodomy was largely due to their

hatred of a foreign cult. According to Genesis, unnatural vice

was the sin of a people who were not the Lord's people, and the

Levitical legislation represents Canaanitish abominations as the

chief reason {488} why the Canaanites were exterminated.[215] Now

we know that sodomy entered as an element in their religion.

Besides _[k.]ed[=e]sh[=o]th_, or female prostitutes, there were

_[k.]ed[=e]sh[=i]m_, or male prostitutes, attached to their

temples.[216] The word _[k.]ad[=e]sh_, translated "sodomite,"

properly denotes a man dedicated to a deity;[217] and it appears

that such men were consecrated to the mother of the gods, the

famous Dea Syria, whose priests or devotees they were considered

to be.[218] The male devotees of this and other goddesses were

probably in a position analogous to that occupied by the female

devotees of certain gods, who also, as we have seen, have

developed into libertines; and the sodomitic acts committed with

these temple prostitutes may, like the connections with

priestesses, have had in view to transfer blessings to the

worshippers.[219] In Morocco supernatural benefits are expected

not only from heterosexual, but also from homosexual intercourse

with a holy person.[220] The _[k.]ed[=e]sh[=i]m_ are frequently

alluded to in the Old Testament, especially in the period of the

monarchy, when rites of foreign origin made their way into both

Israel and Judah.[221] And it is natural that the Yahveh

worshipper should regard their practices with the utmost horror

as forming part of an idolatrous cult.

[Footnote 215: _Leviticus_, xx. 23.]

[Footnote 216: _Deuteronomy_, xxiii. 17. Driver, _Commentary on

Deuteronomy_, p. 264.]

[Footnote 217: Driver, _op. cit._ p. 264 _sq._ Selbie,

'Sodomite,' in Hastings, _Dictionary of the Bible_, iv. 559.]

[Footnote 218: St. Jerome, _In Osee_, i. 4. 14 (Migne, _op. cit._

xxv. 851). Cook's note to _1 Kings_, xiv. 24, in his edition of

_The Holy Bible_, ii. 571. See also Lucian, _Lucius_, 38.]

[Footnote 219: Rosenbaum suggests (_Geschichte der Lustseuche im

Alterthume_, p. 120) that the eunuch priests connected with the

cult of the Ephesian Artemis and the Phrygian worship of Cybele

likewise were sodomites.]

[Footnote 220: See Westermarck, _The Moorish Conception of

Holiness_, p. 85.]

[Footnote 221: _1 Kings_, xiv. 24; xv. 12; xxii. 46. _2 Kings_,

xxiii. 7. _Job_, xxxvi. 14. Driver, _op. cit._ p. 265.]

The Hebrew conception of homosexual love to some extent affected

Muhammedanism, and passed into Christianity. The notion that it

is a form of sacrilege was here strengthened by the habits of the

gentiles. St. Paul found the abominations of Sodom prevalent

among nations who had "changed the truth of God into a lie, and

worshipped and served the creature more than the {489}

Creator."[222] During the Middle Ages heretics were accused of

unnatural vice as a matter of course.[223] Indeed, so closely was

sodomy associated with heresy that the same name was applied to

both. In 'La Coutume de Touraine-Anjou' the word _herite_, which

is the ancient form of _hérétique_,[224] seems to be used in the

sense of "sodomite";[225] and the French _bougre_ (from the Latin

_Bulgarus_, Bulgarian), as also its English synonym, was

originally a name given to a sect of heretics who came from

Bulgaria in the eleventh century, and was afterwards applied to

other heretics, but at the same time it became the regular

expression for a person guilty of unnatural intercourse.[226] In

mediæval laws sodomy was also repeatedly mentioned together with

heresy, and the punishment was the same for both.[227] It thus

remained a religious offence of the first order. It was not only

a "vitium nefandum et super omnia detestandum,"[228] but it was

one of the four "clamantia peccata," or crying sins,[229] a

"crime de Majestie, vers le Roy celestre."[230] Very naturally,

therefore, it has come to be regarded with somewhat greater

leniency by law and public opinion in proportion as they have

emancipated themselves from theological doctrines. And the fresh

light which the scientific study of the sexual impulse has lately

thrown upon the subject of homosexuality must also necessarily

influence the moral ideas relating to it, in so far as no

scrutinising judge can fail to take into account the pressure

which a powerful non-volitional desire exercises upon an agent's

will.

[Footnote 222: _Romans_, i. 25 _sqq._]

[Footnote 223: Littré, _Dictionnaire de la langue française_, i.

386, 'Bougre.' Haynes, _Religious Persecution_, p. 54.]

[Footnote 224: Littré, _op. cit._ i. 2010, 'Hérétique.']

[Footnote 225: _Les Établissements de Saint Louis_, i. 90, vol.

ii. 147. Viollet, in his Introduction to the same work, i. 254.]

[Footnote 226: Littré, _op. cit._ i. 386, 'Bougre.' Murray, _New

English Dictionary_, i. 1160, 'Bugger.' Lea, _History of the

Inquisition of the Middle Ages_, i. 115, note.]

[Footnote 227: Beaumanoir, _Coutumes du Beauvoisis_, xxx. 11,

vol. i. 413:--"Qui erre contre le foi, comme en mescreance, de le

quele il ne veut venir à voie de verité, ou qui fet sodomiterie,

il doit estre ars, et forfet tout le sien en le maniere dessus."

Britton, i. 10, vol. i. 42. Montesquieu, _De l'esprit des lois_,

xii. 6 (_[OE]uvres_, p. 283). Du Boys, _Histoire du droit

criminel de l'Espagne_, pp. 486, 721.]

[Footnote 228: Clarus, _Practica criminalis_, book v. § Sodomia,

1 (_Opera omnia_, ii. 151).]

[Footnote 229: Coke, _Third Part of the Institutes of the Laws of

England_, p. 59.]

[Footnote 230: _Mirror_, quoted _ibid._ p. 58.]

CHAPTER XLIV

REGARD FOR THE LOWER ANIMALS

MEN'S conduct towards the lower animals is frequently a subject

of moral valuation.

Totem animals must be treated with deference by those who bear

their names, and animals generally regarded as divine must be

respected by all; of this more will be said in a subsequent

chapter.[1] Among various peoples the members of certain animal

species must not be killed, because they are considered to be

receptacles for the souls of departed men,[2] or because the

species is believed to have originated through a transformation

of men into animals.[3] The Dyaks of Borneo have a superstitious

dread of killing orang-utans, being of opinion that these apes

are men who went to live in the forest and abstain from speaking

merely in order to be exempt from paying taxes.[4] The Moors

consider it wrong to kill a monkey, because the monkey was once a

man whom God changed into his present shape as a punishment for

the sin he committed by performing his ablutions with milk; and

they would never do harm to a stork, because, as they say, the

stork was originally a judge, who passed unjust sentences upon

his fellow creatures and therefore became what he is. They also

account it a sin to kill a swallow or a pigeon, a white spider or

a bee, because they regard them as holy. Other creatures, again,

are spared by the Moors because they {491} appear uncanny or are

suspected of being evil spirits in disguise. It is believed that

anybody who kills a raven easily goes mad and that he who kills a

toad will get fever or die; and no Moor would dare to hit a cat

or a dog in the dark, since it seems very doubtful what kind of

being it really is. Superstitions of this sort are world-wide.]

[Footnote 1: _Infra_, on Duties to Gods.]

[Footnote 2: _Infra_, p. 516 _sq._]

[Footnote 3: See Meiners, _Allgemeine Geschichte der Religionen_,

i. 213 _sqq._]

[Footnote 4: Selenka, _Sonnige Welten_, p. 57.]

It is a common belief among uncultured peoples that a person who

slays an animal is exposed to the vengeance either of its

disembodied spirit or of all the other creatures belonging to the

same species.[5] Hence, as Sir J. G. Frazer has shown, the savage

often makes it a rule to spare the lives of those animals which

he has no pressing motive for killing, at least such fierce and

dangerous ones as are likely to exact a bloody revenge for the

slaughter of any of their kind; and when, for some reason or

other, he overcomes his superstitious scruples and takes the life

of the beast, he is anxious to appease the victim and its kindred

by testifying his respect for them, or making apologies, or

trying to conceal his share in procuring the death of the animal,

or promising that its remains will be honourably treated.[6] The

Stiêns of Cambodia, for instance, who believe that animals have

souls which wander about after death, ask pardon when they have

killed one, lest its soul should visit and torment them; and they

also offer it sacrifices proportioned to the strength and size of

the animal.[7] When a party of Koriaks have killed a bear or a

wolf, they skin the beast, dress one of their family in the skin,

and dance round the skin-clad man, saying that it was not they

who killed the animal but someone else, by preference a

Russian.[8] The Eskimo about Behring Strait maintain that the

dead bodies of various animals must be treated very carefully by

the hunter who obtains them, so that their shades may not be

offended and bring bad luck or even death upon him or his people.[9]

[Footnote 5: _Supra_, i. 258.]

[Footnote 6: Frazer, _Golden Bough_, ii. 389 _sqq._]

[Footnote 7: Mouhot, _Travels in the Central Parts of

Indo-China_, i. 252.]

[Footnote 8: Bastian, _Der Mensch in der Geschichte_, iii. 26.]

[Footnote 9: Nelson, 'Eskimo about Bering Strait,' in _Ann. Rep.

Bur. Ethn._ xviii. 438.]

{492} The savage, moreover, desires to keep on good terms with

animals which, without being feared, are either eaten or valued

for their skins. Hence, when he captures one, he shows such

deference for it as may be necessary for inducing its fellows to

come and be killed also.[10] Alaskan hunters preserve the bones

of sables and beavers out of reach of the dogs for a year and

then bury them carefully, lest the spirits which look after these

species should consider that "they are regarded with contempt and

hence no more should be killed or trapped."[11] The Thompson

River Indians of British Columbia said that when a deer was

killed its fellows would be well pleased if the hunters butchered

the animal nicely and cleanly.[12] The Hurons refrained from

throwing fish bones into the fire, lest the souls of the fish

should go and warn the other fish not to let themselves be

caught, since, if they were, their own bones would also be

burned.[13] Some savages respect the bones of the animals which

they eat because they believe that the bones, if preserved, will,

in the course of time, be reclothed with flesh and the animal

thus come to life again.[14]

[Footnote 10: Frazer, _op. cit._ ii. 403 _sqq._]

[Footnote 11: Dall, _Alaska_, p. 89.]

[Footnote 12: Teit, 'Thompson Indians of British Columbia,' in

_Memoirs of the American Museum of Natural History_,

'Anthropology,' i. 346.]

[Footnote 13: Sagard, _Le grand voyage du pays des Hurons_, p. 255.]

[Footnote 14: Frazer, _op. cit._ ii. 415 _sqq._]

Besides the creatures which primitive man treats with respect

because he dreads their strength and ferocity or on account of

the benefits he expects from them, there is yet a third class of

animate beings which he sometimes deems it necessary to

conciliate, namely, vermin that infest the crops.[15] Among the

Saxons of Transylvania, in order to keep sparrows from the corn,

the sower begins by throwing the first handful of seed backwards

over his head, saying, "That is for you, sparrows."[16] And of

the Drâvidian tribes of Mirzapur we are told that, when locusts

threaten to eat up the fruits of the earth, the people catch one,

decorate its head with a spot of red {493} lead, salaam to it,

and let it go; after which civilities the whole flight

immediately departs.[17]

[Footnote 15: _Ibid._ ii. 422 _sqq._]

[Footnote 16: Heinrich, quoted _ibid._ ii. 423.]

[Footnote 17: Crooke, _Popular Religion and Folk-lore of

Northern India_, ii. 303.]

Domestic animals are frequently objects of superstitious

reverence.[18] They are expected to reward masters who treat them

well, whereas those who harm them are believed to expose

themselves to their revenge. Among the Eskimo about Behring

Strait dogs are never beaten for biting people, lest the _inua_

or shade of the dog should become angry and prevent the wound

from healing.[19] Butchers are often regarded as unclean, and the

original reason for this was in all probability the idea that

they were haunted by the spirits of the animals they had slain.

Among the Guanches of the Canary Islands it was unlawful for

anybody but professional butchers to kill cattle, and a butcher

was forbidden to enter other persons' houses, to touch their

property, and to keep company with any one not of his own

trade.[20] In Morocco a butcher, like a manslayer, is thought to

be haunted by _jnûn_ (_jinn_), and it seems that in this case

also the notion of haunting _jnûn_ has replaced an earlier belief

in troublesome ghosts.[21] So, too, the ancient Troglodytes of

East Africa, who derived their whole sustenance from their flocks

and herds, are said to have looked upon butchers as unclean.[22]

In the rural districts of Japan it is believed that a butcher

will have a cripple among his descendants.[23]

[Footnote 18: See Robertson Smith, _Religion of the Semites_,

p. 296 _sqq._]

[Footnote 19: Nelson, in _Ann. Rep. Bur. Ethn._ xviii. 435.]

[Footnote 20: Abreu de Galindo, _History of the Discovery and

Conquest of the Canary Islands_, p. 71 _sq._ Bory de St. Vincent,

_Essais sur les Isles Fortunées_, p. 103 _sq._]

[Footnote 21: _Cf._ _supra_, i. 378.]

[Footnote 22: Robertson Smith, _op. cit._ p. 296 _sq._]

[Footnote 23: Griffis, _Mikado's Empire_, p. 472.]

How far ideas of this sort may account for the great

disinclination of many peoples to kill their cattle, it is

impossible to say; but they certainly do not constitute the only

motive. We have noticed above that pastoral tribes are unwilling

to reduce their herds and agricultural peoples to kill the

ploughing ox, because this would imply {494} loss of valuable

property.[24] And apart from economic considerations, we may

assume that feelings of genuine sympathy also induce them to

treat their animals with kindness. The altruistic sentiment has

not necessarily reference to members of the same species only; of

this we find instances even among animals in confinement and

domesticated animals, which frequently become attached to

individuals of a different species with whom they live

together.[25] And the savage feels himself much more closely

related to the animal world than does his civilised fellow

creature; indeed, as we have seen, he habitually obliterates the

boundaries between man and beast and regards all animals as

practically on a footing of equality with himself.[26] Among the

pastoral races of Africa the men delight in attending their

cattle, and spend much time in ornamenting and adorning them; the

herdsman knows every beast in his herd, calls it by its name, and

affectionately observes all its peculiarities.[27] Of the Bahima,

a cow tribe in Uganda, the Rev. J. Roscoe tells us that the men

form warm attachments for their cattle; some of them love the

animals like children, pet and coax them, talk to them, and weep

over their ailments, and should a favourite die their grief is so

extreme that it sometimes leads to suicide.[28] The mythical

founder of the kingdom of Uganda, Kintu, is said to have been so

humane and averse from the sight of blood, that "even cattle

killed for necessary food were slaughtered at some distance from

his dwelling."[29] But cattle are not the only dumb creatures

that excite tender feelings in the bosom of a savage. The For

tribe of Central Africa regard it as a characteristic of a good

man to be kind to animals in general, and consider it wicked to

be otherwise.[30] Concerning the Eastern Central Africans Mr.

{495} Macdonald writes that if they appear destitute of pity,

say, for their fowls in their methods of carrying them, it is

because they do not reflect that it gives them pain--"all would

admit that it was a cruel thing to pain the fowl"; and they have

fables in their language which show a desire to enter minutely

into the feelings of dumb creatures, representing, for instance,

fowls as reasoning on their hard fate in being killed for their

master's supper.[31] Among the Indians of the province of Quito,

according to Juan and Ulloa, the women are so fond of their fowls

that they will not sell them, much less kill them with their own

hands; "so that if a stranger, who is obliged to pass the night

in one of their cottages, offers ever so much money for a fowl,

they refuse to part with it, and he finds himself under a

necessity of killing the fowl himself. At this his landlady

shrieks, dissolves in tears, and wrings her hands, as if it had

been an only son; till seeing the mischief past remedy she wipes

her eyes, and quietly takes what the traveller offers her."[32]

North American Indians, again, are very fond of their hunting

dogs. Those on the west side of the Rocky Mountains "appear to

have the same affection for them that they have for their

children; and they will discourse with them, as if they were

rational beings. They frequently call them their sons or

daughters; and when describing an Indian, they will speak of him

as father of a particular dog which belongs to him. When these

dogs die, it is not unusual to see their masters or mistresses

place them on a pile of wood, and burn them in the same manner as

they do the dead bodies of their relations; and they appear to

lament their deaths, by crying and howling, fully as much as if

they were their kindred."[33] So also the natives of Australia

often display much affection for their dogs; Mr. Gason has seen

women crying over a dog when bitten by a snake as if it had been

one of their own children, and if a puppy has lost its mother the

{496} women suckle and nurse it.[34] Of the Maoris of New Zealand

we read that their extreme love of offspring "was also carried

out to excess towards the young of brutes--especially of their

dogs, and, afterwards, of cats and pigs introduced. Hence it was

by no means an unusual sight to see a woman carrying her child at

her back, and a pet dog, or pig, in her bosom."[35] The Chukchi

of North-Eastern Siberia believe that if a person is cruel to

brutes his soul will after his death migrate into some domestic

animal--a dog, a horse, or a reindeer.[36] Even the miserable

Veddahs of Ceylon are said to be indignant at the needless

killing of a beast.[37]

[Footnote 24: _Supra_, ii. 331.]

[Footnote 25: See _supra_, i. 112.]

[Footnote 26: _Supra_, i. 258.]

[Footnote 27: Ratzel, _History of Mankind_, ii. 415.]

[Footnote 28: Roscoe, 'Bahima,' in _Jour. Anthr. Inst._ xxxvii.

94 _sq._]

[Footnote 29: Felkin, 'Notes on the Waganda Tribe,' in _Proceed.

Roy. Soc. Edinburgh_, xiii. 764.]

[Footnote 30: Felkin, 'Notes on the For Tribe,' in _Proceed. Roy.

Soc. Edinburgh_, xiii. 232 _sq._]

[Footnote 31: Macdonald, _Africana_, i. 10 _sq._]

[Footnote 32: Juan and Ulloa, _Voyage to South America_, i. 426

_sq._]

[Footnote 33: Harmon, _Journal of Voyages in the Interior of

North America_, p. 335 _sq._]

[Footnote 34: Gason, 'Dieyerie Tribe,' in Woods, _Native Tribes

of South Australia_, p. 259. Fraser, _Aborigines of New South

Wales_, p. 5. Williams, 'Yircla Meening Tribe,' in Curr, _The

Australian Race_, i. 402.]

[Footnote 35: Colenso, _Maori Races of New Zealand_, p. 43.]

[Footnote 36: Ratzel, _op. cit._ ii. 231.]

[Footnote 37: Sarasin, _Ergebnisse naturwissenschaftlicher

Forschungen auf Ceylon_, iii. 539.]

On the other hand we also hear of savages who are greatly lacking

in sympathy for the brute creation. Darwin says that humanity to

the lower animals is apparently unfelt by savages, except towards

their pets.[38] Mr. Atkinson charges the New Caledonians with

great cruelty to animals.[39] The Tasmanians appeared much to

enjoy the tortures of a wounded bird or beast.[40] It is not to

be expected that people whose kindly feelings towards men hardly

extend beyond the borders of their own communities should be

compassionate to wild animals. They may also appear wantonly

cruel because they do not realise the pain which they inflict.

And, like children, they may enjoy the agony of a suffering beast

or bird because it excites their curiosity.

[Footnote 38: Darwin, _Descent of Man_, p. 123.]

[Footnote 39: Atkinson, 'Natives of New Caledonia,' in

_Folk-lore_, xiv. 248.]

[Footnote 40: Davies, quoted by Ling Roth, _Tasmanians_, p. 66.]

It is obvious from what has been said above that already at the

savage stage men's conduct towards the lower animals must in some

cases be a matter of moral concern. For hand in hand with the

altruistic sentiment we always find the feeling of sympathetic

resentment whenever there is an occasion for its outburst.

Moreover, {497} acts which are, or are believed to be, injurious

to the agent, by exposing him to an animal's revenge or

otherwise, are prohibited because they are imprudent; and, as we

have often noticed, such prohibitions are apt to assume a moral

character. Finally, if a certain mode of conduct is considered to

be productive of public harm, as is the case with any act or

omission which reduces, or is supposed to reduce, the supply of

food or animal clothing, it is naturally looked upon as a wrong

against the community.

Similar facts have, among peoples of a higher culture, led to

moral rules inculcating regard for animals--rules which have

often assumed a definite shape in their laws or religious books.

According to Brahmanism tenderness towards all creatures is a

duty incumbent upon the four castes. It is said that "he who

injures innoxious beings from a wish to give himself pleasure,

never finds happiness, neither living nor dead."[41] If a blow is

struck against animals in order to give them pain, the judge

shall inflict a fine in proportion to the amount of pain caused,

just as if the blow had been struck against a man.[42] The

killing of various creatures, including fish and snakes, reduces

the offender to a mixed caste;[43] and, according to 'Vishnu

Purana,' fishermen go after death to the same hell as awaits

prisoners, incendiaries, and treacherous friends.[44] To kill a

cow is a great crime;[45] whereas he who unhesitatingly abandons

life for the sake of a cow is freed even from the guilt of the

murder of a Brâhmana, and so is he who saves the life of a

cow.[46] Among many of the Hindus the slaughter of a cow excites

more horror than the killing of a man, and is punished with great

severity, even with death.[47]

[Footnote 41: _Laws of Manu_, v. 45.]

[Footnote 42: _Ibid._ viii. 286.]

[Footnote 43: _Ibid._ xi. 69.]

[Footnote 44: _Vish['n]u Purá['n]a_, p. 208 _sq._]

[Footnote 45: _Institutes of Vishnu_, l. 16 _sqq._ _Gautama_,

xxii. 18. _Âpastamba_, i. 26. 1. _Laws of Manu_, xi. 109 _sqq._]

[Footnote 46: _Laws of Manu_, xi. 80.]

[Footnote 47: Barth, _Religions of India_, p. 264. Kipling,

_Beast and Man in India_, p. 118 _sq._ Crooke, _Things Indian_,

p. 91.]

In Buddhism, Jainism, and Taouism the respect for animal life is

extreme. A disciple of Buddha may not {498} knowingly deprive any

creature of life, not even a worm or an ant. He may not drink

water in which animal life of any kind whatever is contained, and

must not even pour it out on grass or clay.[48] And the doctrine

which forbids the killing of animate beings is not only

professed, but in a large measure followed, by the great majority

of people in Buddhistic countries. In Siam the tameness of many

living creatures which in Europe fly from the presence of man is

very striking. Instances have been known in which natives have

quitted the service of Europeans on account of their

unwillingness to destroy reptiles and vermin, and it is a not

uncommon practice for rich Siamese to buy live fish to have the

merit of restoring them to the sea.[49] In Burma, though fish is

one of the staple foods of the people, the fisherman is despised;

not so much, perhaps, as if he killed other living things, but he

is still an outcast from decent society, and "will have to suffer

great and terrible punishment before he can be cleansed from the

sins that he daily commits."[50] The Buddhists of Ceylon are more

forbearing: they excuse the fisherman by saying that he does not

kill the fish, but only removes it from the water.[51] In Tibet

all dumb creatures are treated with humanity, and the taking of

animal life is rather strictly prohibited, except in the case of

yaks and sheep needed for food. Owing to the coldness of the

climate, flesh forms an essential staple of diet; but the

butchers are regarded as professional sinners and are therefore

the most despised of all classes in Tibet. Wild animals and even

small birds and fish are seldom or never killed, on account of

the religious penalties attached to this crime.[52]

[Footnote 48: Oldenberg, _Buddha_, pp. 290 **n. *, 351.]

[Footnote 49: Bowring, _Siam_, i. 107.]

[Footnote 50: Fielding Hall, _The Soul of a People_, p. 230.]

[Footnote 51: Schmidt, _Ceylon_, p. 316 _sq._]

[Footnote 52: Waddell, _Buddhism of Tibet_, p. 567 _sq._]

The Jain is stricter still in his regard for animal life. He

sweeps the ground before him as he goes, lest animate things be

destroyed; he walks veiled, lest he inhale a living organism; he

considers that the evening and night are {499} not times for

eating, since one might then swallow a live thing by mistake; and

he rejects not only meat but even honey, together with various

fruits that are supposed to contain worms, not because of his

distaste for worms but because of his regard for life.[53] Some

towns in Western India in which Jains are found have their beast

hospitals, where animals are kept and fed. At Surat there was

quite recently an establishment of this sort with a house where a

host of noxious and offensive vermin, dense as the sands on the

sea-shore, were bred and nurtured; and at Anjár, in Kutch, about

five thousand rats were kept in a certain temple and daily fed

with flour, which was procured by a tax on the inhabitants of the

town.[54]

[Footnote 53: Hopkins, _Religions of India_, p. 288. Barth, _op.

cit._ p. 145. Kipling, _op. cit._ p. 10 _sq._]

[Footnote 54: Burnes, 'Notice of a remarkable Hospital for

Animals at Surat,' in _Jour. Roy. Asiatic Soc._ i. 96 _sq._]

According to 'Thâi-Shang,' one of the books of Taouism, a good

man will feel kindly towards all creatures, and refrain from

hurting even the insect tribes, grass, and trees; and he is a bad

man who "shoots birds and hunts beasts, unearths the burrowing

insects and frightens roosting birds, blocks up the dens of

animals and overturns nests, hurts the pregnant womb and breaks

eggs."[55] In the book called 'Merits and Errors Scrutinised,'

which enjoys great popularity in China, it is said to be

meritorious to save animals from death--even insects if the

number amounts to a hundred,--to relieve a brute that is greatly

wearied with work, to purchase and set at liberty animals

intended to be slaughtered. On the other hand, to confine birds

in a cage, to kill ten insects, to be unsparing of the strength

of tired animals, to disturb insects in their holes, to destroy

the nests of birds, without great reason to kill and dress

animals for food, are all errors of various degrees. And "to be

the foremost to encourage the slaughter of animals, or to hinder

persons from setting them at liberty," is regarded as an error of

the same magnitude as the crime of devising a person's death or

of drowning or murdering a child.[56] Kindness {500} to animals

is conspicuous in the writings of Confucius and Mencius;[57] the

Master angled but did not use a net, he shot but not at birds

perching.[58] Throughout Japan, according to Sir Edward Reed,

"the life of animals has always been held more or less sacred. . . .,

neither Shintoism nor Buddhism requiring or justifying the

taking of the life of any creature for sacrifice."[59]

[Footnote 55: _Thâi-Shang_, 3 _sq._]

[Footnote 56: _Indo-Chinese Gleaner_, iii. 164, 205 _sq._]

[Footnote 57: Mencius, i. 1. 7.]

[Footnote 58: _Lun Yü_, vii. 26.]

[Footnote 59: Reed, _Japan_, i. 61.]

The regard for the lower animals which is shown by these Eastern

religions and their adherents is to some extent due to

superstitious ideas, similar to those which we found prevalent

among many savages. Dr. de Groot observes that in China the

virtues of benevolence and humanity are extended to animals

because these, also, have souls which may work vengeance or bring

reward.[60] The conduct of Orientals towards the brute creation

has further been explained by their belief in the transmigration

of souls. But it seems that the connection between their theory

of metempsychosis and their rules relating to the treatment of

animals is not exclusively, nor even chiefly, one of cause and

effect, but rather one of a common origin. This theory itself may

in some measure be regarded as a result of that intimacy which

prevails in the East between animals and men. Buddhism recognises

no fundamental distinction between them, only an accidental or

phenomenal difference;[61] and the step is not long from this

attitude to the doctrine of metempsychosis. Captain Forbes

maintains that the humanity with which the Burmans treat dumb

animals comes "more from the innate good nature and easiness of

their dispositions than from any effect over them of this

peculiar doctrine";[62] and they laugh at the suggestion made by

Europeans that Buddhists abstain from taking life because they

believe in the transmigration of souls, having never heard of it

before. Their motive, says Mr. Fielding Hall, is compassion and

_noblesse oblige_.[63] But by its punishments {501} and rewards,

religion has greatly increased the natural regard for animal life

and welfare, and introduced a new motive for conduct which

originally sprang in the main from kindly feeling.

[Footnote 60: de Groot, _Religious System of China_, (vol. iv.

book) ii. 450.]

[Footnote 61: Rhys Davids, _Hibbert Lectures on Buddhism_, p. 214.]

[Footnote 62: Forbes, _British Burma_, p. 321.]

[Footnote 63: Fielding Hall, _op. cit._ p. 237 _sq._]

In Zoroastrianism we meet with a different attitude towards the

lower animal world. A fundamental distinction is made between the

animals of Ormuzd and those of Ahriman. To kill one of the former

is a heinous sin, to kill one of the latter is a pious deed.[64]

Sacred above all other animals is the dog. The ill-feeding and

maltreatment of dogs are prosecuted as criminal, and extreme

penalties are inflicted on those who venture to kill them.[65]

Nay, if there be in the house of a worshipper of Mazda a mad dog

who has no scent, the worshippers of Mazda "shall attend him to

heal him, in the same manner as they would do for one of the

faithful."[66] In the eyes of the Parsis, animals are enlisted

under the standards of either Ormuzd or Ahriman according as they

are useful or hurtful to man; but M. Darmesteter is of opinion

that they originally belonged to the one or the other not on

account of any such qualities, but according as they chanced to

have lent their forms to either the god or the fiend in the storm

tales. "It was not animal psychology," he says, "that disguised

gods and fiends as dogs, otters, hedge-hogs, and cocks, or as

snakes, tortoises, frogs, and ants, but the accidents of physical

qualities and the caprice of popular fancy, as both the god and

the fiend might be compared with, and transformed into, any

object, the idea of which was suggested by the uproar of the

storm, the blazing of the lightning, the streaming of the water,

or the hue and shape of the clouds."[67] This hypothesis,

however, seems to attach undue importance to mythical fancies,

and it presupposes an almost unbounded and capricious allegorism,

for which there is apparently little foundation {502} in facts.

The suggestion that the animals are referred to either the one or

the other category according as they are useful or obnoxious to

man, is at all events borne out by a few salient features,

although in many details the matter remains obscure.

[Footnote 64: Darmesteter, _Ormazd et Ahriman_, p. 283.]

[Footnote 65: _Vendîdâd_, xiii. _sq._ Geiger, _Civilization of

the Eastern Iranians_, ii. 36.]

[Footnote 66: _Vendîdâd_, xiii. 35.]

[Footnote 67: Darmesteter, in _Sacred Books of the East_, iv.

(1st edit.) p. lxxii. _sq._ See also _Idem_, _Ormazd et Ahriman_,

p. 283 _sqq._]

It appears that among the Zoroastrians, also, the respect for the

life of animals is partly due to superstitious ideas about their

souls and fear of their revenge. According to the 'Yasts,' "the

souls of the wild beasts and of the tame" are objects of

worship;[68] and in one of the Pahlavi texts it is said that

people should abstain from unlawfully slaughtering any species of

animals, since otherwise, in punishment for such an act, each

hair of the animal killed becomes like a sharp dagger, and he who

is unlawfully a slaughterer is slain.[69] But here again we may

assume the co-operating influence of the feeling of sympathy.

Various passages in the Zoroastrian 'Gathas' which enjoin

kindness to domestic animals[70] suggest as their motives not

only considerations of utility but genuine tenderness. In a later

age Firdausi sang, "Ah! spare yon emmet rich in hoarded grain: He

lives with pleasure, and he dies with pain."[71] And of the

modern Persian Dr. Polak says that, "naturally not cruel, he

treats animals with more consideration than men."[72] His present

religion, too, enjoins kindness to animals as a duty.

[Footnote 68: _Yasts_, xiii. 154.]

[Footnote 69: _Shâyast Lâ-Shâyast_, x. 8.]

[Footnote 70: Darmesteter, in _Le Zend-Avesta_, i. p. cvi.]

[Footnote 71: Firdausi, quoted by Jones, 'Tenth Anniversary

Discourse,' in _Asiatick Researches_, iv. 12.]

[Footnote 72: Polak, _Persien_, i. 12.]

According to Muhammedanism, beasts, birds, fish, insects, are

all, like man, the slaves of God, the tools of His will. There is

no intrinsic distinction between them and the human species,

except what accidental diversity God may have been pleased to

make.[73] Muhammed said to his followers:--"There is not a beast

upon the earth nor a bird that flies with both its wings, but is

a nation like to you; . . . to their Lord shall they be

gathered."[74] Muhammedan law prescribes that domestic animals

shall {503} be treated with consideration and not be

overworked;[75] and in various Muhammedan countries this law has

also been habitually put into practice. The Moslems of India are

kind to animals.[76] In his earlier intercourse with the people

of Egypt, Mr. Lane noticed much humanity to beasts.[77] Montaigne

said that the Turks gave alms to brutes and had hospitals for

them;[78] and Mr. Bosworth Smith is of opinion that beasts of

burden and domestic animals are nowhere in Christendom with the

one exception, perhaps, of Norway treated with such unvarying

kindness and consideration as they are in Turkey. "In the East,"

he adds, "so far as it has not been hardened by the West, there

is a real sympathy between man and the domestic animals; they

understand one another."[79]

[Footnote 73: _Cf._ Palgrave, _Journey through Central and

Eastern Arabia_, i. 368.]

[Footnote 74: _Koran_, vi. 38.]

[Footnote 75: Sachau, _Muhammedanisches Recht_, pp. 18, 103.]

[Footnote 76: Pool, _Studies in Mohammedanism_, pp. 176, 177,

247. _Cf._ Heber, _Journey through the Upper Provinces of India_,

ii. 131.]

[Footnote 77: Lane, _Modern Egyptians_, p. 293.]

[Footnote 78: Montaigne, _Essais_, ii. 11.]

[Footnote 79: Bosworth Smith, _Mohammed and Mohammedanism_, pp.

180, 217.]

So also the ancient Greeks were on familiar terms with the animal

world. This appears from the frequency with which their poets

illustrate human qualities by metaphors drawn from it. And as men

were compared with animals, so animals were believed to possess

human peculiarities. When a beast was going to be sacrificed it

had to give its consent to the act by a nod of the head before it

was killed.[80] Animals were held in some measure responsible for

their deeds; they were tried for manslaughter, sentenced, and

executed.[81] On the other hand, honours were bestowed upon

beasts which had rendered signal services to their masters. The

graves of Cimon's mares with which he three times conquered at

the Olympic games were still in the days of Plutarch to be seen

near his own tomb;[82] and a certain Xanthippus honoured his dog

by burying it on a promontory, since then called "the dog's

grave," because when the Athenians were compelled to abandon

their city it swam by the side of his galley to Salamis.[83]

According to Xenocrates, there were in existence {504} at Eleusis

three laws which had been made by an ancient legislator,

namely:--"Honour your parents; Sacrifice to the gods from the

fruits of the earth; Injure not animals."[84] At Athens a man was

punished for flaying a living ram.[85] The Areopagites once

condemned a boy to death because he had picked out the eyes of

some quails.[86] As we have noticed before, the life of the

ploughing ox was sacred;[87] and young animals in particular were

believed to be under the protection of the gods.[88] An ancient

proverb says that "there are Erinyes even for dogs."[89] This

seems to indicate that the Greeks, also, were influenced by the

common notion that the soul of an animal may take revenge upon

him who killed it, the Erinys of the slain animal being

originally its persecuting ghost. Among the Pythagoreans, again,

the rule that animals which are not obnoxious to the human race

should be neither injured nor killed[90] was connected with their

theory of metempsychosis;[91] and in some cases the prohibition

of slaying useful animals may be traced to utilitarian

motives.[92] But both in Greece and Rome kindness to brutes was

also inculcated for their own sake, on purely humanitarian

grounds. Porphyry says that, as justice pertains to rational

beings and animals have been proved to be possessed of reason, it

is necessary that we should act justly towards them.[93] He adds

that "he who does not restrict harmless conduct to man alone, but

extends it to other animals, most closely approaches to divinity;

and if it were possible to extend it to plants, he would preserve

this image in a still greater degree."[94] According to Plutarch

kindness and beneficence to creatures of every species flow from

the breast of a well-natured man as {505} streams that issue from

the living fountain. We ought to take care of our dogs and horses

not only when they are young, but when they are old and past

service.[95] We ought not to violate or kill anything whatsoever

that has life, unless it hurt us first.[96] And if we cannot live

unblamably we should at least sin with discretion: when we kill

an animal in order to satisfy our hunger we should do so with

sorrow and pity, without abusing and tormenting it.[97] Cicero

says it is a crime to injure an animal.[98] And Marcus Aurelius

enjoins man to make use of brutes with a generous and liberal

spirit, since he has reason and they have not.[99]

[Footnote 80: Schmidt, _Die Ethik der alten Griechen_, ii. 96

_sq._]

[Footnote 81: _Supra_, i. 254.]

[Footnote 82: Plutarch, _Cato Major_, v. 6.]

[Footnote 83: _Ibid._ v. 7.]

[Footnote 84: Porphyry, _De abstinentia ab esu animalium_, iv. 22.]

[Footnote 85: Plutarch, _De carnium esu oratio I._ vii. 2.]

[Footnote 86: Quintilian, _De institutione oratoria_, v. 9. 13.]

[Footnote 87: _Supra_, ii. 331.]

[Footnote 88: Aeschylus, _Agamemnon_, 48 _sqq._ Xenophon,

_Cynegeticus_, v. 14.]

[Footnote 89: Schmidt, _op. cit._ ii. 96.]

[Footnote 90: Jamblichus, _De Pythagorica vita_, 21 (98).]

[Footnote 91: Diogenes Laertius, _Vitæ philosophorum_, viii. 2.

12 (77). Aristotle, _Rhetorica_, i. 13. 2, p. 1373 b. Schmidt,

_op. cit._ ii. 94.]

[Footnote 92: Porphyry, _op. cit._ iv. 22. _Supra_, ii. 331.]

[Footnote 93: Porphyry, _op. cit._ iii. 18.]

[Footnote 94: _Ibid._ iii. 28.]

[Footnote 95: Plutarch, _Cato Major_, v. 3 _sq._]

[Footnote 96: _Idem_, _Questiones Romanæ_, 75.]

[Footnote 97: _Idem_, _De carnium esu oratio II._ i. 3.]

[Footnote 98: Cicero, _De republica_, iii. 11.]

[Footnote 99: Marcus Aurelius, _Commentarii_, vi. 23.]

In the Old Testament we meet with several instances of kindly

feeling towards animals.[100] God watches over and controls the

sustenance of their life. He sends springs into the valleys which

will give drink to every beast of the field. He gives nests to

the birds of the heaven, which sing among the branches. He causes

grass to grow for the cattle; and the young lions, roaring after

their prey, seek their food from God.[101] Whilst the Jews, as

Professor Toy observes, found it hard to conceive of the God of

Israel as thinking kindly of its enemies, they had no such

feeling of hostility towards beasts and birds.[102] But at the

same time man is the centre of the creation, a being set apart

from all other sentient creatures as God's special favourite, for

whose sake everything else was brought into existence. The sun,

the moon, and the stars were placed in the firmament of the

heaven to give light upon the estate of man.[103] For his

sustenance the fruits of the earth were made to grow, and to him

was given dominion over the fish of the sea, {506} and over the

fowl of the air, and over every living thing that moves upon the

earth.[104] And when the earth is to be replenished after the

deluge, the same privileges are again granted to him. The fear of

man and the dread of man shall be upon all living creatures, into

his hand are they all delivered, they shall all be meat for

him.[105] And they are given over to his supreme and

irresponsible control without the slightest injunction of

kindness or the faintest suggestion of any duties towards them.

They are to be regarded by him simply as food.[106]

[Footnote 100: See Bertholet, _Die Stellung der Israeliten zu den

Fremden_, p. 14. Various passages, however, which are often

quoted as instances of tenderness towards animals allow of

another and more natural interpretation. This is especially the

case with the Sabbatarian injunctions referring to domestic

animals.]

[Footnote 101: _Psalms_, civ. 10-12, 14, 17, 21.]

[Footnote 102: Toy, _Judaism and Christianity_, p. 81.]

[Footnote 103: _Genesis_, i. 16 _sq._]

[Footnote 104: _Genesis_, i. 28.]

[Footnote 105: _Ibid._ ix. 2 _sq._]

[Footnote 106: _Cf._ Evans, 'Ethical Relations between Man and

Beast,' in _Popular Science Monthly_, xlv. 637 _sq._]

Among the Hebrews the harshness of this anthropocentric doctrine

was somewhat mitigated by the sympathy which a simple pastoral

and agricultural people naturally feels for its domestic animals.

In Christianity, on the other hand, it was further strengthened

by the exclusive importance which was attached to the spiritual

salvation of man. He was now more than ever separated from the

rest of sentient beings. Even his own animal nature was regarded

with contempt, the immortality of his soul being the only object

of religious interest. "It would seem," says Dr. Arnold, "as if

the primitive Christian, by laying so much stress upon a future

life in contradistinction to this life, and placing the lower

creatures out of the pale of hope, placed them at the same time

out of the pale of sympathy, and thus laid the foundation for

this utter disregard of animals in the light of our

fellow-creatures."[107] St. Paul asks with scorn, "Doth God take

care for oxen?"[108] No creed in Christendom teaches kindness to

animals as a dogma of religion.[109] In the Middle Ages various

councils of the Church declared hunting unlawful for the

clergy;[110] but the obvious reason for this prohibition was its

horror of bloodshed,[111] not any consideration {507} for the

animals. Mr. Mauleverer in Sir Arthur Helps' 'Talk about Animals

and their Masters,' says, "Upon a moderate calculation, I think I

have heard, in my time, 1320 sermons; and I do not recollect that

in any one of them I ever heard the slightest allusion made to

the conduct of men towards animals."[112] Nor is there any such

allusion in most treatises on Ethics which base their teachings

upon distinctly Christian tenets. The kindest words, I think,

which from a Christian point of view have been said about animals

have generally come from Protestant sectarians, Quakers and

Methodists,[113] whereas Roman Catholic writers--with a few

exceptions[114]--when they deal with the subject at all, chiefly

take pains to show that animals are entirely destitute of rights.

Brute beasts, says Father Rickaby, cannot have any rights for the

reason that they have no understanding and therefore are not

persons. We have no duties of any kind to them, as neither to

stocks and stones; we only have duties _about_ them. We must not

harm them when they are our neighbour's property, we must not vex

and annoy them _for_ sport, because it disposes him who does so

to inhumanity towards his own species. But there is no shadow of

evil resting on the practice of causing pain to brutes _in_

sport, where the pain is not the sport itself, but an incidental

concomitant of it. Much more in all that conduces to the

sustenance of man may we give pain to animals, and we are not

"bound to any anxious care to make this pain as little as may be.

Brutes are as _things_ in our regard: so far as they are useful

to us, they exist for us, not for themselves; and we do right in

using them unsparingly for our need and convenience, though not

for our wantonness."[115] According to another {508} modern

Catholic writer the infliction of suffering upon an animal is not

only justifiable, but a duty, "when it confers a certain, a solid

good, however small, on the spiritual nature of man."[116] Pope

Pius IX. refused a request for permission to form in Rome a

Society for Prevention of Cruelty to Animals on the professed

ground that it was a theological error to suppose that man owes

any duty to an animal.[117]

[Footnote 107: Arnold, quoted by Evans, in _Popular Science

Monthly_, xlv. 639.]

[Footnote 108: _1 Corinthians_, ix. 9.]

[Footnote 109: The Manichæans prohibited all killing of animals

(Baur, _Das Manichäische Religionssystem_, p. 252 _sqq._); but

Manichæism did not originate on Christian ground (Harnack,

'Manichæism,' in _Encyclopædia Britannica_, xv. 485; _supra_,

ii. 312).]

[Footnote 110: Le Grand d'Aussy, _Histoire de la vie privée des

François_, i. 394 _sq._]

[Footnote 111: _Supra_, i. 381 _sq._]

[Footnote 112: Helps, _Some Talk about Animals and their

Masters_, p. 20. _Cf._ Mrs. Jameson, _Common-Place Book of

Thoughts_, p. 212.]

[Footnote 113: See Gurney, _Views and Practices of the Society of

Friends_, p. 392 _sq._ n. 8; Richmond, 'Sermon on the Sin of

Cruelty to the Brute Creation,' in _Methodist Magazine_ (London),

xxx. 490 _sqq._; Chalmers, 'Cruelty to Animals,' in _Methodist

Magazine_ (New York), ix. 259 _sqq._]

[Footnote 114: See de la Roche-Fontenelles, _L'Église et la pitié

envers animaux_, _passim_.]

[Footnote 115: Rickaby, _Moral Philosophy_, p. 248 _sqq._ See

also Addis and Arnold, _Catholic Dictionary_, p. 33; Clarke,

'Cruelty to Animals,' in _The Month and Catholic Review_, xxv.

401 _sqq._; Hedley, 'Dr. Mivart on Faith and Science,' in _Dublin

Review_, ser. iii. vol. xviii. 418.]

[Footnote 116: Clarke, in _The Month and Catholic Review_,

xxv. 406.]

[Footnote 117: Cobbe, _Modern Rack_, p. 6.]

It is not only theological moralists that maintain that animals

can have no rights and that abstinence from wanton cruelty is a

duty not to the animal but to man. This view has been shared by

Kant[118] and by many later philosophers.[119] So also the legal

protection of animals has often been vindicated merely on the

ground that cruelty to animals might breed cruelty to men or

shows a cruel disposition of mind,[120] or that it wounds the

sensibilities of other people.[121] In 'Parliamentary History and

Review' for 1825-1826 it is stated that no reason can be

assigned for the interference of the legislator in the protection

of animals unless their protection be connected, either directly

or remotely, with some advantage to man.[122] The Bill for the

abolition of bear-baiting and other cruel practices was expressly

propounded on the ground that nothing was more conducive to crime

than such sports, that they led the lower orders to gambling,

that they educated them for thieves, that they gradually trained

them up to bloodshed and murder.[123] The criminal code of the

German Empire, again, imposes a fine upon any person "who

spitefully tortures or cruelly ill-treats beasts, {509} either

publicly or in a manner to create scandal"[124]--in other words,

he is punished, not because he puts the animal to pain, but

because his conduct is offensive to his fellow men.

[Footnote 118: Kant, _Metaphysische Anfangungsgründe der

Tugendlehre_, § 16 _sq._, pp. 106, 108.]

[Footnote 119: _E.g._, Alexander, _Moral Order and Progress_,

p. 281; Ritchie, _Natural Rights_, p. 110 _sq._]

[Footnote 120: Hommel, quoted by von Hippel, _Die Thielquälerei

in der Strafgesetzgebung_, p. 110. Tissot, _Le droit pénal_, i.

17. Lasson, _System der Rechtsphilosophie_, p. 548

_sq._]

[Footnote 121: Lasson, _op. cit._ p. 548. von Hippel, _op. cit._

p. 125.]

[Footnote 122: _Parliamentary History and Review_, 1825-6, p. 761.]

[Footnote 123: _Ibid._ p. 546.]

[Footnote 124: _Strafgesetzbuch_, § 360 (13).]

Indifference to animal suffering has been a characteristic of

public opinion in European countries up to quite modern times.

Only a little more than a hundred years ago Thomas Young declared

in his 'Essay on Humanity to Animals' that he was sensible of

laying himself open to no small portion of ridicule in offering

to the public a book on such a subject.[125] Till the end of the

eighteenth century and even later cock-fighting was a very

general amusement among the English and Scotch, entering into the

occupations of both the old and young. Travellers agreed with

coachmen that they were to wait a night if there was a cock-fight

in any town through which they passed. Schools had their

cock-fights; on Shrove Tuesday every youth took to the village

schoolroom a cock reared for his special use, and the

schoolmaster presided at the conflict.[126] Those who felt that

the practice required some excuse found it in the idea that the

race was to suffer this annual barbarity by way of punishment for

St. Peter's crime;[127] but the number of people who had any

scruples about the game cannot have been great considering that

even such a strong advocate of humanity to animals as Lawrence

had no decided antipathy to it.[128] Other pastimes indulged in

were dog-fighting, bull-baiting and badger-baiting; and in the

middle of the eighteenth century the bear-garden was described by

Lord Kames as one of the chief entertainments of the English,

though it was held in abhorrence by the French and "other polite

nations," being too savage an amusement to be relished {510} by

those of a refined taste.[129] As late as 1824 Sir Robert (then

Mr.) Peel argued strongly against the legal prohibition of

bull-baiting.[130]

[Footnote 125: Young, _Essay on Humanity to Animals_, p. 1.]

[Footnote 126: Roberts, _Social History of the People of the

Southern Counties of England_, p. 421 _sqq._ Rogers, _Social Life

in Scotland_, ii. 340. In 1856, when Roberts wrote his book,

cock-penance was still paid in some English grammar schools to

the master as a perquisite on Shrove Tuesday (Roberts, p. 423).]

[Footnote 127: Roberts, _op. cit._ p. 422.]

[Footnote 128: Lawrence, _Philosophical and Practical Treatise on

Horses_, ii. 12.]

[Footnote 129: Kames, _Essays on the Principles of Morality_, p. 7.]

[Footnote 130: Hansard, _Parliamentary Debates_, New Series,

x. 491 _sqq._]

About two years previously, however, humanity to animals had, for

the first time, become a subject of English legislation by the

Act which prevented cruel and improper treatment of cattle.[131]

This Act was afterwards followed by others which prohibited

bear-baiting, cock-fighting, and similar pastimes, as also

cruelty to domestic animals in general. In 1876 vivisection for

medical or scientific purposes was subjected to a variety of

restrictions, and since 1900 cases of ill-treatment of wild

animals in captivity may be dealt with under the Wild Animals in

Captivity Protection Act.[132] On the Continent cruelty to

animals was first prohibited by criminal law in Saxony, in

1838,[133] and subsequently in most other European states. But in

the South of Europe there are still countries in which the law is

entirely silent on the subject.[134]

[Footnote 131: _Statutes of Great Britain and Ireland_, lxii. 403

_sqq._]

[Footnote 132: Stephen, _New Commentaries on the Laws of England_,

iv. 213 _sqq._]

[Footnote 133: von Hippel, _op. cit._ p. 1.]

[Footnote 134: _Ibid._ p. 90 _sq._]

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