"habitual drunkard" within the above definition may obtain admission to
a "licensed retreat" on a written application to the licensee, stating
the time (the maximum period is two years) that he undertakes to remain
in the retreat. The application must be accompanied by the statutory
declaration of two persons that the applicant is an habitual drunkard,
and its signature must be attested by a justice of the peace who has
satisfied himself as to the fact, and who is required to state that the
applicant understood the nature and effect of his application. Licences
(each of which is subject to a duty and is impressed with a stamp of £5,
and 10s. for every patient above ten in number) are granted for retreats
by the borough council and the town clerk in boroughs, and elsewhere by
the county council and the clerk of the county council. The maximum
period for which a licence may be granted is two years, but licences may
be renewed by the licensing authority on payment of a stamp duty of the
same amount as on the original grant. When an habitual drunkard has once
been committed to a retreat, he must remain in the retreat for the time
that he has fixed in his application, subject to certain statutory
provisions similar to those prescribed by the Lunacy Acts for asylums as
to leave of absence and discharge; and he may be retaken and brought
back to the retreat under a justice's warrant. The term of detention may
be extended on its expiry, or an inebriate may be readmitted, on a fresh
application, without any statutory declaration, and without the
attesting justice being required to satisfy himself that the applicant
is an habitual drunkard. Licensed retreats are subject to inspection by
an Inspector of Retreats appointed by the Home Secretary, to whom he
makes an annual report. The Home Secretary is empowered to make rules
and regulations for the management of retreats, and "regulations and
orders," not inconsistent with such rules, are to be prepared by the
licensee within a month after the granting of his licence, and submitted
to the inspector for approval. The rules now in force are dated as
regards (a) England, 28th Feb. 1902; (b) Scotland, 14th April 1902; (c)
Ireland, 3rd Feb. 1903. There are also statutory provisions, similar to
those of the Lunacy Acts, as to offences--(i.) by licensees failing to
comply with the requirements of the acts; (ii) by persons ill-treating
patients, or helping them to escape, or unlawfully supplying them with
intoxicating liquor; (iii.) by patients refusing to comply with the
rules. The Home Secretary may (i.) authorize the establishment of "State
Inebriate Reformatories," to be paid for out of moneys provided by
parliament; and (ii.) sanction "Certified Inebriates' Reformatories" on
the application of any borough or county council, or any person
whatever, if satisfied concerning the reformatory and the persons
proposing to maintain it. An Inspector of Certified Inebriate
Reformatories has been appointed. Regulations for State Inebriate
Reformatories and for Certified Inebriate Reformatories have been made,
dated as follows: _State Inebriate Reformatories_:--England, 21st of
June 1901, 29th of Dec. 1903, 29th of April 1904; Scotland, 9th of March
1900; Ireland, 16th of March 1899, 16th of April 1901, 10th of Feb.
1904. _Certified Inebriate Reformatories_:--England, Model Regulations,
17th of Dec. 1898; Scotland, Regulations, 14th of Feb. 1899; Ireland,
Model Regulations, 29th of April 1899.
Any person convicted on indictment of an offence punishable with
imprisonment or penal servitude (i.e. of any non-capital felony and of
most misdemeanours), if the court is satisfied from the evidence that
the offence was committed under the influence of drink, or that drink
was a contributing cause of the offence, may, if he admits that he is,
or is found by the jury to be, an habitual drunkard, in addition to or
in substitution for any other sentence, be ordered to be detained in a
state or certified inebriate reformatory, the managers of which are
willing to receive him. Again, any habitual drunkard who is found drunk
in any public place, or who commits any other of a series of similar
offences under various statutes, after having within twelve months been
convicted at least three times of a similar offence, may, on conviction
on indictment, or, if he consent, on summary conviction, be sent for
detention in any certified inebriate reformatory. The expenses of
prosecuting habitual drunkards under the above provisions are payable
out of the local rates upon an order to that effect by the judge of
assize or chairman of quarter-sessions if the prosecution be on
indictment, or by a court of summary jurisdiction if the offence is
dealt with summarily.
AUTHORITIES.--As to the history of legislation on the subject see
Parl. Paper No. 242 of 1872; 1893 C. 7008. See also Wyatt Paine,
_Inebriate Reformatories and Retreats_ (London, 1899); Blackwell,
_Inebriates Acts_, 1879-1898 (London, 1899); Wood Renton, _Lunacy_
(London and Edinburgh, 1896); Kerr, _Inebriety_ (3rd ed., London,
1894). An excellent account of the systems in force in other countries
for the treatment of inebriates will be found in Parl. Pap. (1902),
cd. 1474. (A. W. R.)
INFALLIBILITY (Fr. _infaillibilité_ and _infallibilité_, the latter now
obsolete, Med. Lat. _infallibilitas_, _infallibilis_, formed from
fallor, to make a mistake), the fact or quality of not being liable to
err or fail. The word has thus the general sense of "certainty"; we may,
e.g., speak of a drug as an infallible specific, or of a man's judgment
as infallible. In these cases, however, the "infallibility" connotes
certainty only in so far as anything human can be certain. In the
language of the Christian Church the word "infallibility" is used in a
more absolute sense, as the freedom from ail possibility of error
guaranteed by the direct action of the Spirit of God. This belief in the
infallibility of revelation is involved in the very belief in revelation
itself, and is common to all sections of Christians, who differ mainly
as to the kind and measure of infallibility residing in the human
instruments by which this revelation is interpreted to the world. Some
see the guarantee, or at least the indication, of infallibility in the
consensus of the Church (_quod semper, ubique, et ab omnibus_) expressed
from time to time in general councils; others see it in the special
grace conferred upon St Peter and his successors, the bishops of Rome,
as heads of the Church; others again see it in the inspired Scriptures,
God's Word. This last was the belief of the Protestant Reformers, for
whom the Bible was in matters of doctrine the ultimate court of appeal.
To the translation and interpretation of the Scriptures men might bring
a fallible judgment, but this would be assisted by the direct action of
the Spirit of God in proportion to their faith. As for infallibility,
this was a direct grace of God, given only to the few. "What ever was
perfect under the sun," ask the translators of the Authorized Version
(1611) in their preface, "where apostles and apostolick men, that is,
men endued with an extraordinary measure of God's Spirit, and privileged
with the privilege of infallibility, had not their hand?" In modern
Protestantism, on the other hand, the idea of an infallible authority
whether in the Church or the Bible has tended to disappear, religious
truths being conceived as valuable only as they are apprehended and made
real to the individual mind and soul by the grace of God, not by reason
of any submission to an external authority. (See also INSPIRATION.)
At the present time, then, the idea of infallibility in religious
matters is most commonly associated with the claim of the Roman Catholic
Church, and more especially of the pope personally as head of that
Church, to possess the privilege of infallibility, and it is with the
meaning and limits of this claim that the present article deals.
The substance of the claim to infallibility made by the Roman Catholic
Church is that the Church and the pope cannot err when solemnly
enunciating, as binding on all the faithful, a decision on a question of
faith or morals. The infallibility of the Church, thus limited, is a
necessary outcome of the fundamental conception of the Catholic Church
and its mission. Every society of men must have a supreme authority,
whether individual or collective, empowered to give a final decision in
the controversies which concern it. A community whose mission it is to
teach religious truth, which involves on the part of its members the
obligation of belief in this truth, must, if it is not to fail of its
object, possess an authority capable of maintaining the faith in its
purity, and consequently capable of keeping it free from and condemning
errors. To perform this function without fear of error, this authority
must be infallible in its own sphere. The Christian Church has expressly
claimed this infallibility for its formal dogmatic teaching. In the very
earliest centuries we find the episcopate, united in council, drawing up
symbols of faith, which every believer was bound to accept under pain of
exclusion, condemning heresies, and casting out heretics. From Nicaea
and Chalcedon to Florence and Trent, and to the present day, the Church
has excluded from her communion all those who do not profess her own
faith, i.e. all the religious truths which she represents and imposes as
obligatory. This is infallibility put into practice by definite acts.
The infallibility of the pope was not defined until 1870 at the Vatican
Council; this definition does not constitute, strictly speaking, a
dogmatic innovation, as if the pope had not hitherto enjoyed this
privilege, or as if the Church, as a whole, had admitted the contrary;
it is the newly formulated definition of a dogma which, like all those
defined by the Councils, continued to grow into an ever more definite
form, ripening, as it were, in the always living community of the
Church. The exact formula for the papal infallibility is given by the
Vatican Council in the following terms (Constit. _Pastor aeternus_, cap.
iv.); "we teach and define as a divinely revealed dogma, that the Roman
Pontiff, when he speaks _ex cathedra_--i.e. when, in his character as
Pastor and Doctor of all Christians, and in virtue of his supreme
apostolic authority, he lays down that a certain doctrine concerning
faith or morals is binding upon the universal Church,--possesses, by the
Divine assistance which was promised to him in the person of the blessed
Saint Peter, that same infallibility with which the Divine Redeemer
thought fit to endow His Church, to define its doctrine with regard to
faith and morals; and, consequently, that these definitions of the Roman
Pontiff are irreformable in themselves, and not in consequence of the
consent of the Church." A few notes will suffice to elucidate this
pronouncement.
(a) As the Council expressly says, the infallibility of the pope is not
other than that of the Church; this is a point which is too often
forgotten or misunderstood. The pope enjoys it in person, but solely
_qua_ head of the Church, and as the authorized organ of the
ecclesiastical body. For this exercise of the primacy as for the others,
we must conceive of the pope and the episcopate united to him as a
continuation of the Apostolic College and its head Peter. The head of
the College possesses and exercises by himself alone the same powers as
the College which is united with him; not by delegation from his
colleagues, but because he is their established chief. The pope when
teaching _ex cathedra_ acts as head of the whole episcopal body and of
the whole Church.
(b) If the Divine constitution of the Church has not changed in its
essential points since our Lord, the mode of exercise of the various
powers of its head has varied; and that of the supreme teaching power as
of the others. This explains the late date at which the dogma was
defined, and the assertion that the dogma was already contained in that
of the papal primacy established by our Lord himself in the person of St
Peter. A certain dogmatic development is not denied, nor an evolution in
the direction of a centralization in the hands of the pope of the
exercise of his powers as primate; it is merely required that this
evolution should be well understood and considered as legitimate.
(c) As a matter of fact the infallibility of the pope, when giving
decisions in his character as head of the Church, was generally admitted
before the Vatican Council. The only reservation which the most advanced
Gallicans dared to formulate, in the terms of the celebrated declaration
of the clergy of France (1682), had as its object the irreformable
character of the pontifical definitions, which, it was claimed, could
only have been acquired by them through the assent of the Church. This
doctrine, rather political than theological, was a survival of the
errors which had come into being after the Great Schism, and especially
at the council of Constance; its object was to put the Church above its
head, as the council of Constance had put the ecumenical council above
the pope, as though the council could be ecumenical without its head. In
reality it was Gallicanism alone which was condemned at the Vatican
Council, and it is Gallicanism which is aimed at in the last phrase of
the definition we have quoted.
(d) Infallibility is the guarantee against error, not in all matters,
but only in the matter of dogma and morality; everything else is beyond
its power, not only truths of another order, but even discipline and the
ecclesiastical laws, government and administration, &c.
(e) Again, not all dogmatic teachings of the pope are under the
guarantee of infallibility; neither his opinions as private instructor,
nor his official allocutions, however authoritative they may be, are
infallible; it is only his _ex cathedra_ instruction which is
guaranteed; this is admitted by everybody.
But when does the pope speak _ex cathedra_, and how is it to be
distinguished when he is exercising his infallibility? As to this point
there are two schools, or rather two tendencies, among Catholics: some
extend the privilege of infallibility to all official exercise of the
supreme _magisterium_, and declare infallible, e.g. the papal
encyclicals.[1] Others, while recognizing the supreme authority of the
papal _magisterium_ in matters of doctrine, confine the infallibility to
those cases alone in which the pope chooses to make use of it, and
declares positively that he is imposing on all the faithful the
obligation of belief in a certain definite proposition, under pain of
heresy and exclusion from the Church; they do not insist on any special
form, but only require that the pope should clearly manifest his will to
the Church. This second point of view, as clearly expounded by Mgr
Joseph Fessler (1813-1872), bishop of St Pölten, who was secretary to
the Vatican Council, in his work _Die wahre und die falsche
Unfehlbarkeit der Päpste_ (French trans. _La vraie et la fausse
infaillibilité_, Paris, 1873), and by Cardinal Newman in his "Letter to
the Duke of Norfolk," is the correct one, and this is clear from the
fact that it has never been blamed by the ecclesiastical authority.
Those who hold the latter opinion have been able to assert that since
the Vatican Council no infallible definition had yet been formulated by
the popes, while recognizing the supreme authority of the encyclicals of
Leo XIII.
It is remarkable that the definition of the infallibility of the pope
did not appear among the projects (_schemata_) prepared for the
deliberations of the Vatican Council (1869). It doubtless arose from the
proposed forms for the definitions of the primacy and the pontifical
_magisterium_. The chapter on the infallibility was only added at the
request of the bishops and after long hesitation on the part of the
cardinal presidents. The proposed form, first elaborated in the
conciliary commission _de fide_, was the object of long public
discussions from the 50th general congregation (May 13th, 1870) to the
85th (July 13th); the constitution as a whole was adopted at a public
session, on the 18th, of the 535 bishops present, two only replied "_Non
placet_"; but about 50 had preferred not to be present. The
controversies occasioned by this question had started from the very
beginning of the Council, and were carried on with great bitterness on
both sides. The minority, among whom were prominent Cardinals Rauscher
and Schwarzenberg, Hefele, bishop of Rotterdam (the historian of the
councils) Cardinal Mathieu, Mgr Dupanloup, Mgr Maret, &c., &c., did not
pretend to deny the papal infallibility; they pleaded the
inopportuneness of the definition and brought forward difficulties
mainly of an historical order, in particular the famous condemnation of
Pope Honorius by the 6th ecumenical council of Constantinople in 680.
The majority, in which Cardinal Manning played a very active part, took
their stand on theological reasons of the strongest kind; they invoked
the promises of Our Lord to St Peter: "Thou art Peter, and upon this
rock will I build my Church, and the gates of hell shall not prevail
against her"; and again, "I have prayed for thee, Peter, that thy faith
fail not; and do thou in thy turn confirm thy brethren"; they showed the
popes, in the course of the ages, acting as the guardians and judges of
the faith, arousing or welcoming dogmatic controversies and
authoritatively settling them, exercising the supreme direction in the
councils and sanctioning their decisions; they explained that the few
historical difficulties did not involve any dogmatic defect in the
teaching of the popes; they insisted upon the necessity of a supreme
tribunal giving judgment in the name of the whole of the scattered
Church; and finally, they considered that the definition had become
opportune for the very reason that under the pretext of its
inopportuneness the doctrine itself was being attacked.
The definition once proclaimed, controversies rapidly ceased; the
bishops who were among the minority one after the other formulated their
loyal adhesion to the Catholic dogma. The last to do so in Germany was
Hefele, who published the decrees of the 10th of April 1871, thus
breaking a long friendship with Döllinger; in Austria, where the
government had thought good to revive for the occasion the royal
_placet_, Mgr Haynald and Mgr Strossmayer delayed the publication, the
former till the 15th of September 1871, the latter till the 26th of
December 1872. In France the adhesion was rapid, and the publication was
only delayed by some bishops in consequence of the disastrous war with
Prussia. Though no bishops abandoned it, a few priests, such as Father
Hyacinthe Loyson, and a few scholars at the German universities refused
their adhesion. The most distinguished among the latter was Döllinger,
who resisted all the advances of Mgr Scherr, archbishop of Munich, was
excommunicated on the 17th of April 1871, and died unreconciled, though
without joining any separate group. After him must be mentioned
Friedrich of Munich, several professors of Bonn, and Reinkens of
Breslau, who was the first bishop of the "Old Catholics." These
professors formed the "Committee of Bonn," which organized the new
Church. It was recognized and protected first in Bavaria, thanks to the
minister Freiherr Johann von Lutz, then in Saxony, Baden, Württemberg,
Prussia, where it was the pretext for, if not the cause of, the
Kulturkampf, and finally in Switzerland, especially at Geneva.
For the theological aspects of the dogma of infallibility, see, among
many others, L. Billot, S.J., _De Ecclesia Christi_ (3 vols., Rome,
1898-1900); or G. Wilmers, S.J., _De Christi Ecclesia_ (Regensburg,
1897). The most accessible popular work is that of Mgr Fessler already
mentioned. For the history of the definition see VATICAN COUNCIL; also
PAPACY, GALLICANISM, FEBRONIANISM, OLD CATHOLICS, &c. (A. Bo.*)
FOOTNOTE:
[1] It was in this sense that it was understood by Döllinger, who
pointed out that the definition of the dogma would commit the Church
to all past official utterances of the popes, e.g. the Syllabus of
1864, and therefore to a war _à outrance_ against modern
civilization. This view was embodied in the circular note to the
Powers, drawn up by Döllinger and issued by the Bavarian prime
minister Prince Hohenlohe-Schillingsfürst on April 9, 1869. It was
also the view universally taken by the German governments which
supported the _Kulturkampf_ in a greater or less degree.--ED.
INFAMY (Lat. _infamia_), public disgrace or loss of character. Infamy
(_infamia_) occupied a prominent place in Roman law, and took the form
of a censure on individuals pronounced by a competent authority in the
state, which censure was the result either of certain actions which they
had committed or of certain modes of life which they had pursued. Such a
censure involved disqualification for certain rights both in public and
in private law (see A. H. J. Greenidge, _Infamia, its Place in Roman
Public and Private Law_, 1894). In English law infamy attached to a
person in consequence of conviction of some crime. The effect of infamy
was to render a person incompetent to give evidence in any legal
proceeding. Infamy as a cause of incompetency was abolished by an act of
1843 (6 & 7 Vict. c. 85).
The word "infamous" is used in a particular sense in the English Medical
Act of 1858, which provides that if any registered medical practitioner
is judged by the General Medical Council, after due inquiry, to have
been guilty of infamous conduct in any professional respect, his name
may be erased from the Medical Register. The General Medical Council are
the sole judges of whether a practitioner has been guilty of conduct
infamous in a professional respect, and they act in a judicial capacity,
but an accused person is generally allowed to appear by counsel. Any
action which is regarded as disgraceful or dishonourable by a man's
professional brethren--such, for example, as issuing advertisements in
order to induce people to consult him in preference to other
practitioners--may be found infamous.
INFANCY, in medical practice, the nursing age, or the period during
which the child is at the breast. As a matter of convenience it is usual
to include in it children up to the age of one year. The care of an
infant begins with the preparations necessary for its birth and the
endeavour to ensure that taking place under the best possible sanitary
conditions. On being born the normal infant cries lustily, drawing air
into its lungs. As soon as the umbilical cord which unites the child to
the mother has ceased to pulsate, it is tied about 2 in. from the
child's navel and is divided above the ligature. The cord is wrapped in
a sterilized gauze pad and the dressing is not removed until the seventh
to the tenth day, when the umbilicus is healed.
The baby is now a separate entity, and the first event in its life is
the first bath. The room ready to receive a new-born infant should be
kept at a temperature of 70° F. The temperature of the first bath should
be 100° F. The child should be well supported in the bath by the left
hand of the nurse, and care should be taken to avoid wetting the gauze
pad covering the cord. In some cases infants are covered with a white
substance termed "vernix caseosa," which may be carefully removed by a
little olive oil. Sponges should never be used, as they tend to harbour
bacteria. A soft pad of muslin or gauze which can be boiled should take
its place. After the first ten days 94° F. is the most suitable
temperature for a bath. When the baby has been well dried the skin may
be dusted with pure starch powder to which a small quantity of boric
acid has been added. The most important part of the toilet of a new-born
infant is the care of the eyes, which should be carefully cleansed with
gauze dipped in warm water and one drop of a 2% solution of nitrate of
silver dropped into each eye. The clothes of a newly born child should
consist exclusively of woollen undergarments, a soft flannel binder,
which should be tied on, being placed next the skin, with a long-sleeved
woven wool vest and over this a loose garment of flannel coming below
the feet and long enough to tuck up. Diapers should be made of soft
absorbent material such as well-washed linen and should be about two
yards square and folded in a three-cornered shape. An infant should
always sleep in a bed or cot by itself. In 1907, of 749 deaths from
violence in England and Wales of children under one month, 445 were due
to suffocation in bed with adults. A healthy infant should spend most of
its time asleep and should be laid into its cot immediately after
feeding.
The normal infant at birth weighs about 7 lb. During the two or three
days following birth a slight decrease in weight occurs, usually 5 to 6
oz. When nursing begins the child increases in weight up to the seventh
day, when the infant will have regained its weight at birth. From the
second to the fourth week after birth (according to Camerer) an infant
should gain 1 oz. daily or 1½ to 2 lb. monthly, from the fourth to the
sixth month ½ to 2/3 of an oz. daily or 1 lb. monthly, from the sixth to
the twelfth month ½ oz. daily or less than 1 lb. monthly. At the sixth
month it should be twice the weight at birth. The average weight at the
twelfth month is 20 to 21 lb. The increase of weight in artificially fed
is less regular than in breast-fed babies.
_Food._--There is but one proper food for an infant, and that is its
mother's milk, unless when in exceptional circumstances the mother is
not allowed to nurse her child. Artificially fed children are much more
liable to epidemic diseases. The child should be applied to the breast
the first day to induce the flow of milk. The first week the child
should be fed at intervals of two hours, the second week eight to nine
times, and the fourth week eight times at intervals of two and a half
hours. At two months the child is being suckled six times daily at
intervals of three hours, the last feed being at 11 P.M. Where a mother
cannot nurse a child the child must be artificially fed. Cow's milk must
be largely diluted to suit the new-born infant. Armstrong gives the
following table of dilution:--
1st week, milk 1 tablespoonful, water 2 tablespoonfuls
at 3 months, " 3½ tablespoonfuls, " 3 " \ added
at 6 months, " 9 " " 3 " > with
at 9 months, " 12 " " 3 " / sugar.
Koplik has drawn out a table of the amounts to be given as follows:--
1st day 3 feeds of 10 cc total 1 oz. in 24 hours
2nd day 8 " 20 cc " 5½ "
3rd day 8 " 30 cc (1 oz.) " 8 "
7th day 9 " 50 cc " 13½ "
4th week 8 " 60 cc (2 oz.) " 16 "
3 months 7 " 4 oz. " 28 "
6 months 6 " 7 oz. " 42 "
9 months 6 " 8½ oz. " 50 "
In cities it is advisable that milk should be either sterilized by
boiling or pasteurized, i.e. subjected to a form of heating which, while
destroying pathogenic bacteria, does not alter the taste. The milk in a
suitable apparatus is subjected to a temperature of 65° C. (149° F.) for
half an hour and is then rapidly cooled to 20° C. (68° F.). Children fed
on pasteurized milk should be given a teaspoonful of fresh orange juice
daily to supply the missing acid and salts.
Artificial feeding is given by means of a bottle. In France all bottles
with rubber tubes have been made illegal. They are a fruitful source of
infection, as it is impossible to keep them clean. The best bottle is
the boat-shaped one, with a wide mouth at one end, to which is attached
a rubber teat, while the other end has a screw stopper. This is readily
cleansed and a stream of water can be made to flow through it. All
bottle teats should be boiled at least once a day for ten minutes with
soda and kept in a glass-covered jar until required. A feed should be
given at the temperature of 100° F.
At the ninth month a cereal may be added to the food. Before that the
infant is unable to digest starchy foods. Much starch tends to
constipation, and it is rarely wise to give starchy preparations in a
proportion of more than 3% to children under a year old. A child who is
carefully fed in a cleanly manner should not have diarrhoea, and its
appearance indicates carelessness somewhere. The English
registrar-general's returns for 1906 show that in the seventy-six
largest towns in England and Wales 14,306 deaths of infants under one
year from diarrhoea took place in July, August and September alone.
These deaths are largely preventable; when Dr Budin of Paris established
his "Consultations de Nourissons" the infant mortality of Paris amounted
to 178 per 1000, but at the consultation the rate was 46 per 1000. At
Varengeville-sur-mer a consultation for nurslings was instituted under
Dr Poupalt of Dieppe in 1904. During the seven previous years the infant
mortality had averaged 145 per 1000. In 1904-1905 not one infant at the
consultation died, though it was a summer of extreme heat, and in 1898
when similar heat had prevailed the infant mortality was 285 per 1000.
The deaths of infants under one year in England and Wales, taken from
the registrar-general's returns for 1907, amounted to 117.62 per 1000
births, an alarming sacrifice of life. France has been turning her
attention to the establishment of infant consultations on the lines of
Dr Budin's, and similar dispensaries under the designation "Gouttes de
lait" have been widely established in that country; gratifying results
in the fall in infant mortality have followed. At the Fécamp dispensary
the mortality from diarrhoea has fallen to 2.8, while that in
neighbouring towns is from 50 to 76 per 1000 (Sir A. Simpson). It has
been left to private enterprise in England to deal with this problem.
The St Pancras "School for Mothers" was established in 1907 in
north-west London. Though started by private persons it was in 1909
worked in connexion with the Health Department of the Borough Council,
but was supported by charitable subscriptions and by a small
contribution from the student mothers. There are classes for mothers on
the care of their health during pregnancy, infant feeding, home nursing,
cooking and needlework. Poor mothers unable to contribute get free
dinners for three months previous to the birth of their child and for
nine months after if the child is breast-fed. Two doctors are in
attendance, and mothers are encouraged to bring their children
fortnightly to be weighed, and receive advice. The average attendance is
ninety. A baby is said to have "graduated" when it is a year old. An
interesting development in connexion with the scheme is a class for
fathers at which the medical officer of health for the district lectures
on the duties of fatherhood. Similar schools for mothers are now
established in Fulham and Stepney. Weighing centres have been
established at Dundee, Sheffield, Nottingham, Birmingham, Aberdeen,
Bolton, Belfast, and Newcastle-on-Tyne. An infants' milk depôt has been
established at Finsbury, and effort is being made to establish milk
laboratories where separate nursing portions of sterile milk could be
supplied to poor mothers. The Walker-Gordon milk laboratories in the
United States are a step in this direction.
The average length of a child at birth is 19-½ in. and during the first
year the average increase is 7(7/8) in. A new-born infant is deaf
(Koplik). This is supposed to be due to the blocking of the eustachian
tubes with mucus. On the fourth day there is some evidence of hearing,
and at the fifth week noises in the room disturb it. A healthy infant
may be taken out of doors when a fortnight old in summer, after which it
should have a daily outing, the eyes being protected from the direct
rays of the sun. On the second day the eyes are sensitive to light, in
the second month the infant notices colours, at the sixth month it knows
its parents, and should be able to hold its head up. At the sixth month
the baby begins to cut its temporary teeth. After their appearance they
should be cleaned once a day by a piece of gauze moistened in boric acid
solution. Attempts to stand are made about the tenth month, and walking
begins about the fourteenth month. By this time the intelligence should
be developed and memory is observed. A child a year old should be able
to articulate a few small words. With the advent of walking and speech
the period of infancy may be said to end.
See Pierre Budin, The Nursling (1907); Henry Koplik, _Disease of
Infancy and Childhood_ (1906); Eric Pritchard, _The Physiological
Feeding of Infants_ (1904); Eric Pritchard, _Infant Education_ (1907);
John Grimshaw, _Your Child's Health_ (1908). (H. L. H.)
INFANT (in early forms _enfaunt_, _enfant_, through the Fr. _enfant_,
from Lat. _infans_, _in_, not, and _fans_, the present participle of
_fari_, to speak), a child; in non-legal use, a very young child, a
baby, or one of an age suitable to be taught in an "infant school"; in
law, a person under full age, and therefore subject to disabilities not
affecting persons who have attained full age.
This article deals with "infants" in the last sense; for the more
general sense see INFANCY and CHILD. The period of full age varies
widely in different systems, as do also the disabilities attaching to
nonage (non-age). In Roman law, the age of puberty, fixed at fourteen
for males and twelve for females, was recognized as a dividing line.
Under that age a child was under the guardianship of a tutor, but
several degrees of infancy were recognized. The first was absolute
infancy; after that, until the age of seven, a child was _infantiae
proximus_; and from the eighth year to puberty he was _pubertati
proximus_. An infant in the last stage could, with the assent of his
tutor, act so as to bind himself by stipulations; in the earlier stages
he could not, although binding stipulations could be made to him in the
second stage. After puberty, until the age of twenty-five years, a
modified infancy was recognized, during which the minor's acts were not
void altogether, but voidable, and a curator was appointed to manage his
affairs. The difference between the tutor and the curator in Roman law
was marked by the saying that the former was appointed for the care of
the person, the latter for the estate of the pupil. These principles
apply only to children who are _sui juris_. The _patria potestas_, so
long as it lasts, gives to the father the complete control of the son's
actions. The right of the father to appoint tutors to his children by
will (_testamentarii_) was recognized by the Twelve Tables, as was also
the tutorship of the _agnati_ (or legal as distinct from natural
relations) in default of such an appointment. Tutors who held office in
virtue of a general law were called _legitimi_. Besides and in default
of these, tutors _dativi_ were appointed by the magistrates. These terms
are still used in much the same sense in modern systems founded on the
Roman law, as may be seen in the case of Scotland, noticed below.
By the law of England full age is twenty-one, and all minors alike are
subject to incapacities. The period of twenty-one years is regarded as
complete at the beginning of the day before the birthday: for example,
an infant born on the first day of January attains his majority at the
first moment of the 31st of December. The incapacity of an infant is
designed for his own protection, and its general effect is to prevent
him from binding himself absolutely by obligations. Of the contracts of
an infant which are binding _ab initio_, the most important are those
relating to "necessaries." By the Sale of Goods Act 1893, an infant
liable on a contract for necessaries can be sued only for a reasonable
price, not necessarily the price he agreed to pay. The same statute
declares "necessaries" to mean "goods suitable to the condition in life
of the infant, and to his actual requirements at the time of the sale
and delivery." In the case of goods having a market price, the market
price is reasonable. In all other cases the question is one of fact for
the jury. The protection of infants extends sometimes to transactions
completed after full age; the relief of heirs who have been induced to
barter away their expectations is an example. "Catching bargains," as
they are called, throw on the persons claiming the benefit of them the
burden of proving their substantial righteousness.
At common law a bargain made by an infant might be ratified by him after
full age, and would then become binding. Lord Tenterden's act required
the ratification to be in writing. But now, by the Infants' Relief Act
1874, "all contracts entered into by infants for the repayment of money
lent or to be lent, or for goods supplied or to be supplied (other than
contracts for necessaries), and all accounts stated, shall be absolutely
void," and "no action shall be brought whereby to charge any person upon
any promise made after full age to pay any debt contracted during
infancy, or upon any ratification made after full age of any promise or
contract made during infancy, whether there shall or shall not be any
new consideration for such promise or ratification after full age." For
some years after the passage of this statute highly conflicting views
were held as to the meaning of the part of section 2 whereby it was
enacted that "no action shall be brought whereby to charge any person
... upon any ratification made after full age of any promise or contract
made during infancy." Some authorities were of opinion that the section
only applied to the three classes of contract made void by the previous
section, viz. for goods supplied, money lent and on account stated.
Others thought the effect to be that no contract, except for
necessaries, made during infancy could be enforced after the infant came
to full age. After several conflicting decisions it has been settled
that both these views were wrong. Of the infant's contracts voidable at
common law there were two kinds. The first kind became void at full age,
unless expressly ratified. The second kind were valid, unless repudiated
within a reasonable time after full age was attained by the infant. The
Infants' Relief Act (section 2) strikes only at the first class and
leaves the second untouched. Thus a promise of marriage made during
infancy cannot be ratified so as to become actionable: but an infant's
marriage settlement, being of the second class, is valid, unless it is
repudiated within a reasonable time after the infant attains full age.
What is a reasonable time depends on all the circumstances of the case.
In a case decided in 1893 a settlement made by a female infant was
allowed to be repudiated thirty years after she attained full age, but
the circumstances were exceptional. A contract of marriage may be
lawfully made by persons under age. Marriageable age is fourteen in
males and twelve in females. So, generally, an infant may bind himself
by contract of apprenticeship or service. Since the passing of the Wills
Act, an infant, except he be a soldier in actual military service or a
seaman at sea, is unable to make a will. Infancy is in general a
disqualification for public offices and professions, e.g. to be a member
of parliament or an elector, a mayor or burgess, a priest or deacon, a
barrister or solicitor, &c.
Before 1886 the custody of an infant belonged in the first place, and
against all other persons, to the father, who was said to be "the
guardian of his children by nature and nurture"; and the father might by
deed or will dispose of the custody or tuition of his children until the
age of twenty-one.
The Guardianship of Infants Act 1886 placed the mother almost on the
same footing as the father as to guardianship of infants. On the death
of the father the mother becomes guardian under the statute, either
alone when no guardian has been appointed by the father, or jointly with
any guardian appointed by him under 12 Chas. II. c. 24. A change of the
law even more important is that whereby the mother may by deed or will
appoint a guardian or guardians of her infant children to act after her
death. If the father survives the mother, the mother's guardian can only
act if it be shown to the satisfaction of the court that the father is
unfitted to be the sole guardian. On the death of the father, the
guardian so appointed by the mother acts jointly with any guardian
appointed by the father. The Guardianship of Infants Act 1886 also gives
power to the high court and to county courts to make orders, upon the
application of the mother, regarding the custody of an infant, and the
right of access thereto of either parent. The court must take into
consideration "the welfare of the infant, and ... the conduct of the
parents, and ... the wishes as well of the mother as of the father." The
same statute also empowers the high court of justice, "on being
satisfied that it is for the welfare of the infant," to "remove from his
office any testamentary guardian or any guardian appointed or acting by
virtue of this act," and also to appoint another in place of the
guardian so removed.
The same statute gives power to a court sitting in divorce practically
to take away from a parent guilty of a matrimonial offence all rights of
guardianship. When a decree for judicial separation or divorce is
pronounced, the court pronouncing it may at the same time declare the
parent found guilty of misconduct to be unfit to have the custody of the
children of the marriage. "In such case the parent so declared to be
unfit shall not, upon the death of the other parent, be entitled as of
right to the custody or guardianship of such children." The court
exercises this power very sparingly. When the declaration of unfitness
is made, the practical effect is to give to the innocent parent the sole
guardianship, as well as power to appoint a testamentary guardian to the
exclusion of the guilty parent.
Another radical change has been made in the rights of parents as to
guardianship of their children. In consequence of several cases where,
after children had been rescued by philanthropic persons from squalid
homes and improper surroundings, the courts had felt bound by law to
redeliver them to their parents, the Custody of Children Act 1891 was
passed. It provides that when the parent of a child applies to the court
for a writ or order for the production of the child, and the court is of
opinion that the parent has abandoned or deserted the child, or that he
has otherwise so conducted himself that the court should refuse to
enforce his right to the custody of the child, the court may, in its
discretion, decline to issue the writ or make the order. If the child,
in respect of whom the application is made, is being brought up by
another person ("person" includes "school or institution"), or is being
boarded out by poor-law guardians, the court may, if it orders the child
to be given up to the parent, further order the parent to pay all or
part of the cost incurred by such person or guardians in bringing up the
child.
A parent who has abandoned or deserted his child is, prima facie, unfit
to have the custody of the child. And before the court can make an order
giving him the custody, the onus lies on him to prove that he is fit.
The same rule applies where the child has been allowed by the parent "to
be brought up by another person at that person's expense, or by the
guardians of a poor-law union, for such a length of time and under such
circumstances as to satisfy the court that the parent was unmindful of
his parental duties."
The 4th section of the Custody of Children Act 1891 preserves the right
of the parent to control the religious training of the infant. The
father, however unfit he may be to have the custody of his child, has
the legal right to require the child to be brought up in his own
religion. If the father is dead, and has left no directions on the
point, the mother may assert a similar right. But the court may consult
the wishes of the child; and when an infant has been allowed by the
father to grow up in a faith different from his own, the court will not,
as a rule, order any change in the character of religious instruction.
This is especially the case where the infant appears to be settled in
his convictions.
In the same direction as the Custody of Children Act 1891 is the
Children Act 1908, whereby considerable powers have been conferred on
courts of summary jurisdiction (see CHILDREN, LAW RELATING TO).
There is not at common law any corresponding obligation on the part of
either parent to maintain or educate the children. The legal duties of
parents in this respect are only those created by the poor laws, the
Education Acts and the Children Act 1908.
An infant is liable to a civil action for torts and wrongful acts
committed by him. But, as it is possible so to shape the pleadings as to
make what is in substance a right arising out of contract take the form
of a right arising from civil injury, care is taken that an infant in
such a case shall not be held liable. With respect to crime, mere
infancy is not a defence, but a child under seven years of age is
presumed to be incapable of committing a crime, and between seven and
fourteen his capacity requires to be affirmatively proved. After
fourteen an infant is _doli capax_.
The law of Scotland follows the leading principles of the Roman law.
The period of minority (which ends at twenty-one) is divided into two
stages, that of absolute incapacity (until the age of fourteen in
males, and twelve in females), during which the minor is in
pupilarity, and that of partial incapacity (between fourteen and
twenty-one), during which he is under curators. The guardians (or
tutors) of the pupil are either tutors-nominate (appointed by the
father in his will); tutors-at-law (being the next male agnate of
twenty-five years of age), in default of tutors-nominate; or
tutors-dative, appointed by royal warrant in default of the other two.
No act done by the pupil, or action raised in his name, has any effect
without the interposition of a guardian. After fourteen, all acts done
by a minor having curators are void without their concurrence. Every
deed in nonage, whether during pupilarity or minority, and whether
authorized or not by tutors or curators, is liable to reduction on
proof of "lesion," i.e. of material injury, due to the fact of nonage,
either through the weakness of the minor himself or the imprudence or
negligence of his curators. Damage in fact arising on a contract in
itself just and reasonable would not be lesion entitling to
restitution. Deeds in nonage, other than those which are absolutely
null _ab initio_, must be challenged within the _quadriennium utile_,
or four years after majority.
The Guardianship of Infants Act 1886, the Custody of Children Act 1891
and the Children Act 1908, mentioned above, all apply to Scotland.
In the United States, the principles of the English common law as to
infancy prevail, generally the most conspicuous variations being those
affecting the age at which women attain majority. In many states this
is fixed at eighteen. There is some diversity of practice as to the
age at which a person can make a will of real or personal estate.
INFANTE (Spanish and Portuguese form of Lat. _infans_, young child), a
title of the sons of the sovereign of Spain and Portugal, the
corresponding _infanta_ being given to the daughters. The title is not
borne by the eldest son of the king of Spain, who is prince of Asturias,
_Il principe de Asturias_. Until the severance of Brazil from the
Portuguese monarchy, the eldest son was prince of Brazil. While a son or
daughter of the sovereign of Spain is by right infante or infanta of
Spain, the title, alone, is granted to other members of the blood royal
by the sovereign.
INFANTICIDE, the killing of a newly-born child or of the matured foetus.
When practised by civilized peoples the subject of infanticide concerns
the criminologist and the jurist; but its importance in anthropology, as
it involves a widespread practice among primitive or savage nations,
requires more detailed attention. J. F. McLennan (_Studies in Ancient
History_, pp. 75 et seq.) suggests that the practice of female
infanticide was once universal, and that in it is to be found the origin
of exogamy. Much evidence, however, has been adduced against this
hypothesis by Herbert Spencer and Edward Westermarck. Infanticide, both
of males and females, is far less widespread among savage races than
McLennan supposed. It certainly is common in many lands, and more
females are killed than males; but among many fierce and savage peoples
it is almost unknown. Thus among the Tuski, Ahts, Western Eskimo and the
Botocudos new-born children are killed now and then, if they are weak
and deformed, or for some other reason (such as the superstition
attaching to birth of twins) but without distinction of sex. Among the
Dakota Indians and Crees female infanticide is rare. The Blackfoot
Indians believe that a woman guilty of such an act will never reach "the
Happy Mountain" after death, but will hover round the scene of her
misdeed with branches of trees tied to her legs. The Aleutians hold that
child-murder brings misfortune on the whole village. Among the Abipones
it is common, but the boys are usually the victims, because it is
customary to buy a wife for a son, whereas a grown daughter will always
command a price. In Africa, where a warm climate and abundance of food
simplify the problem of existence, the crime is not common. Herr Valdau
relates that a Bakundu woman, accused of it, was condemned to death. In
Samoa, in the Mitchell and Hervey Islands, and in parts of New Guinea,
it was unheard of; while among the cannibals, the Solomon Islanders, it
occurred rarely. A theory has been advanced by L. Fison (_Kamilaroi and
Kurnai_, 1880) that female infanticide is far less common among the
lower savages than among the more advanced tribes. Among some of the
most degraded of human beings, such as the Yahgans of Tierra del Fuego,
the crime was unknown, except when committed by the mother "from
jealousy or hatred of her husband or because of desertion and
wretchedness." It is said that certain Californian Indians were never
guilty of child-murder before the arrival of the whites; while Wm. Ellis
(_Polynesian Researches_, i. 249) thinks it most probable that the
custom was less prevalent in earlier than later Polynesian history. The
weight of evidence tends to support Darwin's theory that during the
earliest period of human development man did not lose that strong
instinct, the love of his young, and consequently did not practice
infanticide; that, in short, the crime is not characteristic of
primitive races.
Infanticide may be said to arise from four reasons. It may be (1) an act
of callous brutality or to satisfy cannibalistic cravings. A Fuegian,
Darwin relates, dashed his child's brains out for upsetting a basket of
fish. An Australian, seeing his infant son ill, killed, roasted and ate
him. In some parts of Africa the negroes bait lion-traps with their own
children. Some South American Indians, such as the Moxos, abandon or
kill them without reason; while African and Polynesian cannibals eat
them without the excuse of the periodic famines which made the
Tasmanians regard the birth of a child as a piece of good fortune.
2. Or infanticide may be the result of the struggle for existence. Thus
in Polynesia, while the climate ensures food in plenty, the relative
smallness of the islands imposed the custom on all families without
distinction. In the Hawaiian Islands all children, after the third or
fourth, were strangled or buried alive. At Tahiti fathers had the right
(and used it) of killing their newly-born children by suffocation. The
chiefs were obliged by custom to kill all their daughters. The society
of the Areois, famous in the Society Islands, imposed infanticide upon
the women members by oath. In other islands all girl-children were
spared, but only two boys in each family were reared. The difficulties
of suckling partly explain the custom of killing twins. For the same
reason the Eskimo and Red Indians used to bury the infant with the
mother who died in childbirth. Among warrior and hunter tribes, where
women could not act as beasts of burden as in agricultural communities,
and where a large number of girls were likely to attract the hostile
attentions of neighbouring tribesmen, girl-babies were murdered. Arabs,
in ancient times, buried alive the majority of female children. In many
lands infanticide was regarded as a meritorious act on the part of a
parent, done, as a precaution against famine, in the interests of the
tribe. In other parts of the world, infanticide results from customs
which impose heavy burdens on child-rearing. Of these artificial
hardships the best example is afforded by India. There the practice,
though forbidden by both the Vedas and the Koran, prevailed among the
Rajputs and certain aboriginal tribes. Among the aristocratic Rajputs,
it was thought dishonourable that a girl should remain unmarried.
Moreover, a girl may not marry below her caste; she ought to marry her
superior, or at least her equal. This reasoning was most powerful with
the highest castes, in which the disproportion of the sexes was
painfully apparent. But, assuming marriage to be possible, it was
ruinously expensive to the bride's father, the cost in the case of some
rajahs having been known to exceed £100,000. To avoid all this, the
Rajput killed a proportion of his daughters--sometimes in a very
singular way. A pill of tobacco and bhang might be given to the new-born
child; or it was drowned in milk;[1] or the mother's breast was smeared
with opium or the juice of the poisonous _datura_. A common method was
to cover the child's mouth with a plaster of cow-dung, before it drew
breath. Infanticide was also practised to a small extent by some sects
of the aboriginal Khonds and by the poorer hill-tribes of the Himalayas.
Where infanticide occurs in India, though it really rests on the
economic facts stated, there is usually some poetical tradition of its
origin. Infanticide from motives of prudence was common among some
American Indian tribes of the north-west, with whom the "potlatch" was
an essential part of their daughter's marriage ceremonies.
3. Or infanticide may be in the nature of a religious observance. The
gods must be appeased with blood, and it is believed that no sacrifice
can be so pleasing to them as the child of the worshipper. Such were the
motives impelling parents to the burning of children in the worship of
Moloch. In India children were thrown into the sacred river Ganges, and
adoration paid to the alligators who fed on them. Where the custom
prevails as a sacrifice the male child is usually the victim.
4. Or, finally, infanticide may have a social or political reason. Thus
at Sparta (and in other places in early Greek and Roman history) weakly
or deformed children were killed by order of the state, a custom
approved in the ideal systems of Aristotle and Plato, and still observed
among the Eskimo and the Kamchadales.
AUTHORITIES.--Herbert Spencer, _Principles of Sociology_, i. 614-619;
McLennan, _Studies in Ancient History_, pp. 75 et seq.; McLennan,
"Exogamy and Endogamy" in the _Fortnightly Review_, xxi. 884 et seq.;
Darwin, Descent of Man, ii. 400 et seq.; L. Fison, and A. W. Howitt,
_Kamilaroi and Kurnai_ (1880); Westermarck, _History of Human
Marriage_ (1894); Browne, _Infanticide: Its Origin, Progress and
Suppression_ (London, 1857); Lord Avebury, _Prehistoric Times_ (1900),
and _Origin of Civilization_ (1902).
_Law._--The crime of infanticide among civilized nations is still
frequent. It is however due in most cases to abnormal causes, such as a
sudden access of insanity, privation, unreasoning dislike to the child,
&c. It is most closely connected with illegitimacy in the class of farm
and domestic servants, the more common motive being the terror of the
mother of incurring the disgrace with which society visits the more
venial offence. Often, however, it is inspired by no better motive than
the wish to escape the burden of the child's support. The granting of
affiliation orders thus tends to save the lives of many children, though
it provides a motive for the paramour sometimes to share in the crime.
The laws of the European states differ widely on this subject--some of
them treating infanticide as a special crime, others regarding it merely
as a case of murder of unusually difficult proof. In the law of England
infanticide is murder or manslaughter according to the presence or
absence of deliberation. The infant must be a human being in the legal
sense; and "a child becomes a human being when it has completely
proceeded in a living state from the body of its mother, whether it has
breathed or not, and whether it has an independent circulation or not,
and whether the navel-string is severed or not; and the killing of such
a child is homicide when it dies after birth in consequence of injuries
received before, during or after birth." À child in the womb or in the
act of birth, though it may have breathed, is therefore not a human
being, the killing of which amounts to homicide. The older law of child
murder under a statute of James I. consisted of cruel presumptions
against the mother, and it was not till 1803 that trials for that
offence were placed under the ordinary rules of evidence. The crown now
takes upon itself the onus of proving in every case that the child has
been alive. This is often a matter of difficulty, and hence a frequent
alternative charge is that of concealment of birth (see BIRTH), or
concealment of pregnancy in Scotland. It is the opinion of the most
eminent of British medical jurists that this presumption has tended to
increase infanticide. Apart from this, the technical definition of human
life has excited a good deal of comment and some indignation. The
definition allows many wicked acts to go unpunished. The experience of
assizes in England shows that many children are killed when it is
impossible to prove that they were wholly born. The distinction taken by
the law was probably comprehended by the minds of the class to which
most of the unhappy mothers belong. Partly to meet this complaint it was
suggested to the Royal Commission of 1866 that killing during birth, or
within seven days thereafter, should be an offence punishable with penal
servitude. The second complaint is of an opposite character--partly that
infanticide by mothers is not a fit subject for capital punishment, and
partly that, whatever be the intrinsic character of the act, juries will
not convict or the executive will not carry out the sentence. Earl
Russell gave expression to this feeling when he proposed that no capital
sentence should be pronounced upon mothers for the killing of children
within six months after birth. When there has been a verdict of murder,
sentence of death must be passed, but the practice of the Home Office,
as laid down in 1908, is invariably to commute the death sentence to
penal servitude for life. The circumstances of the case and the
disposition and general progress of the prisoners under discipline in a
convict prison are then determining factors in the length of subsequent
detention, which rarely exceeds three years. After release, the
prisoner's further progress is carefully watched, and if it is seen to
be to her advantage the conditions of her release are cancelled and she
is restored to complete freedom.
In India measures against the practice were begun towards the end of the
18th century by Jonathan Duncan and Major Walker. They were continued by
a series of able and earnest officers during the 19th century. One of
its chief events, representing many minor occurrences, was the Amritsar
durbar of 1853, which was arranged by Lord Lawrence. At that meeting the
chiefs residing in the Punjab and the trans-Sutlej states signed an
agreement engaging to expel from caste every one who committed
infanticide, to adopt fixed and moderate rates of marriage expenses, and
to exclude from these ceremonies the minstrels and beggars who had so
greatly swollen the expense. According to the present law, if the female
children fall below a certain percentage in any tract or among any tribe
in northern India where infanticide formerly prevailed, the suspected
village is placed under police supervision, the cost being charged to
the locality. By these measures, together with a strictly enforced
system of reporting births and deaths, infanticide has been almost
trampled out; although some of the Rajput clans keep their female
offspring suspiciously close to the lowest average which secures them
from surveillance.
It is difficult to say to what extent infanticide prevails in the United
Kingdom. At one time a large number of children were murdered in England
for the purpose of obtaining the burial money from a benefit club,[2]
but protection against this risk has been provided for by the Friendly
Societies Act 1896, and the Collecting Societies Act 1896. The neglect
or killing of nurse-children is treated under BABY-FARMING, and
CHILDREN, LAW RELATING TO.
In the United States, the elements of this offence are practically the
same as in England. The wilful killing of an unborn child is not
manslaughter unless made so by statute. To constitute manslaughter under
Laws N.Y. 1869, ch. 631, by attempts to produce miscarriage, the
"quickening" of the child must be averred and proved (_Evans_ v.
_People_, 49 New York Rep. 86; see also _Wallace_ v. _State_, 7 Texas
app. 570).
FOOTNOTES:
[1] In Baluchistan, where children are often drowned in milk, there
is a euphemistic proverb: "The lady's daughter died drinking milk."
[2] See _Report on the Sanitary Condition of the Labouring Classes_,
"Supplementary Report on Interment in Towns," by Edwin Chadwick
(_Parl. Papers_, 1843, xii. 395); and _The Social Condition and
Education of the People_, by Joseph Kay (1850).
INFANTRY, the collective name of soldiers who march and fight on foot
and are armed with hand-weapons. The word is derived ultimately from
Lat. _infans_, infant, but it is not clear how the word came to be used
to mean soldiers. The suggestion that it comes from a guard or regiment
of a Spanish infanta about the end of the 15th century cannot be
maintained in view of the fact that Spanish foot-soldiers of the time
were called _soldados_ and contrasted with French _fantassins_ and
Italian _fanteria_. The _New English Dictionary_ suggests that a
foot-soldier, being in feudal and early modern times the varlet or
follower of a mounted noble, was called a boy (cf. _Knabe_, _garçon_,
footman, &c., and see VALET).
HISTORICAL SKETCH
The importance of the infantry arm, both in history and at the present
time, cannot be summed up better and more concisely than in the phrase
used by a brilliant general of the Napoleonic era, General
Morand--"_L'infanterie, c'est l'armée_."
It may be confidently asserted that the original fighting man was a
foot-soldier. But infantry was differentiated as an "arm" considerably
later than cavalry; for when a new means of fighting (a chariot or a
horse) presented itself, it was assimilated by relatively picked men,
chiefs and noted warriors, who _ipso facto_ separated themselves from
the mass or reservoir of men. How this mass itself ceased to be a mere
residue and developed special characteristics; how, instead of the
cavalry being recruited from the best infantry, cavalry and infantry
came to form two distinct services; and how the arm thus constituted
organized itself, technically and tactically, for its own work--these
are the main questions that constitute the historical side of the
subject. It is obvious that as the "residue" was far the greatest part
of the army, the history of the foot-soldier is practically identical
with the history of soldiering.
It was only when a group of human beings became too large to be
surprised and assassinated by a few lurking enemies, that proper
fighting became the normal method of settling a quarrel or a rivalry.
Two groups, neither of which had been able to surprise the other, had to
meet face to face, and the instinct of self-preservation had to be
reconciled with the necessity of victory. From this it was an easy step
to the differentiation of the champion, the proved excellent fighting
man, and to providing this man, on whom everything depended, with all
assistance that better arms, armour, horse or chariot could give him.
But suppose our champion slain, how are we to make head against the
opposing champion? For long ages, we may suppose, the latter, as in the
_Iliad_, slaughtered the sheep who had lost their shepherd, but in the
end the "residue" began to organize itself, and to oppose a united front
to the enemy's champions--in which term we include all selected men,
whether horsemen, charioteers or merely specially powerful axemen and
swordsmen. But once the individual had lost his commanding position, the
problem presented itself in a new form--how to ensure that every member
of the group did his duty by the others--and the solution of this
problem for the conditions of the ancient hand-to-hand struggle marks
the historical beginning of infantry tactics.
The phalanx and the legion.
Gallic warriors bound themselves together with chains. The Greeks
organized the city state, which gave each small army solidarity and the
sense of duty to an ideal, and the phalanx, in which the file-leaders
were in a sense champions yet were made so chiefly by the unity of the
mass. But the Romans went farther. Besides developing solidarity and a
sense of duty, they improved on this conception of the battle to such a
degree that as a nation they may be called the best tacticians who ever
existed. Giving up the attempt to make all men fight equally well, they
dislocated the mass of combatants into three bodies, of which the first,
formed of the youngest and most impressionable men, was engaged at the
outset, the rest, more experienced men, being kept out of the turmoil.
This is the very opposite of the "champion" system. Those who would have
fled after the fall of the champions are engaged and "fought out" before
the champions enter the area of the contest, while the champions, who
possess in themselves the greatest power of resisting and mastering the
instinct of self-preservation, are kept back for the moment when
ordinary men would lose heart.
It might be said with perfect justice that without infantry there would
never have been discipline, for cavalry began and continued as a crowd
of champions. Discipline, which created and maintained the intrinsic
superiority of the Roman legion, depended first on the ideal of
patriotism. This was ingrained into every man from his earliest years
and expressed in a system of rewards and punishments which took effect
from the same ideal, in that rewards were in the main honorary in
character (mural crowns, &c.), while no physical punishment was too
severe for the man who betrayed, by default or selfishness, the cause of
Rome. Secondly, though every man knew his duty, not every man was equal
to doing it, and in recognition of this fact the Romans evolved the
system of three-line tactics in which the strong parts of the machine
neutralized the weak. The first of these principles, being psychological
in character, rose, flourished and decayed with the _moral_ of the
nation. The second, deduced from the first, varied with it, but as it
was objectively expressed in a system of tactics, which had to be
modified to suit each case, it varied also in proportion as the combat
took more or less abnormal forms. So closely knit were the parts of the
system that not only did the decadence of patriotism sap the legionary
organization, but also the unsuitability of that organization to new
conditions of warfare reacted unfavourably, even disastrously, on the
moral of the nation. Between them, the Roman infantry fell from its
proud place, and whereas in the Republic it was familiarly called the
"strength" (_robur_), by the 4th century A.D. it had become merely the
background for a variety of other arms and corps. Luxury produced
"egoists," to whom the rewards meant nothing and the punishments were
torture for the sake of torture. When therefore the Roman _imperium_
extended far enough to bring in silks from China and ivory from the
forests of central Africa, the citizen-army ceased to exist, and the
mere necessity for garrisoning distant savage lands threw the burden of
service upon the professional soldier.
The Roman Imperial Army.
The natural consequence of this last was the uniform training of every
man. There were no longer any primary differences between one cohort and
another, and though the value of the three-line system in itself ensured
its continuance, any cohort, however constituted, might find itself
serving in any one of the three lines, i.e. the _moral_ of the last line
was no better than that of the first. The best guarantee of success
became _uniform_ regimental excellence, and whereas Camillus or Scipio
found useful employment in battle for every citizen, Caesar complained
that a legion which had been sent him was too raw, though it had been
embodied for nine years. The conditions which were so admirably met by
the old system never reappeared; for before armies resumed a "citizen"
character the invention of firearms had subjected all ranks and lines
alike to the same ordeal of facing unseen death, and the old soldiers
were better employed in standing shoulder to shoulder with the young. In
brief, the old Roman organization was based on patriotism and
experience, and when patriotism gave place to "egoism," and the
experience of the citizen who spent every other summer in the field of
war gave place to the formal training of the paid recruit, it died,
unregretted either by the citizen or by the military chieftain. The
latter knew how to make the army his devoted servant, while the former
disliked military service and failed to prepare himself for the day when
the military chief and the mercenary overrode his rights and set up a
tyranny, and ultimately the inner provinces of the empire came to be
called _inermes_--unarmed, defenceless--in contrast to the borderland
where the all-powerful professional legions lay in garrison.
In these same frontier provinces the tactical disintegration of the
legion slowly accomplished itself. Originally designed for the
exigencies of the normal pitched battle on firm open fields, and even
after its professionalization retaining its character as a large battle
unit, it was soon fragmented through the exigencies of border warfare
into numerous detachments of greater or less size, and when the military
frontier of the empire was established, the legion became an almost
sedentary corps, finding the garrisons for the blockhouses on its own
section of the line of defence. Further, the old heavy arms and armour
which had given it the advantage in wars of conquest--in which the
barbarians, gathering to defend their homes, offered a target for the
blow of an army--were a great disadvantage when it became necessary to
police the conquered territory, to pounce upon swiftly moving bodies of
raiders before they could do any great harm. Thus gradually cavalry
became more numerous, and light infantry of all sorts more useful, than
the old-fashioned linesman. To these corps went the best recruits and
the smartest officers, the opportunities for good service and the
rewards for it. The legion became once more the "residue." Thus when the
"champion" reappeared on the battlefield the solidarity that neutralized
his power had ceased to exist.
The battle of Adrianople, the "last fight of the legion," illustrates
this. The frontal battle was engaged in the ordinary way, and the
cohorts of the first line of the imperial army were fighting man to man
with the front ranks of the Gothic infantry (which had indeed a
solidarity of its own, unlike the barbarians of the early empire, and
was further guaranteed against moral over-pressure by a wagon laager),
when suddenly the armoured heavy cavalry of the Goths burst upon their
flank and rear. There were no longer _Principes_ and _Triarii_ of the
old Republican calibre, but only average troops, in the second and third
lines, and they were broken at once. The first line felt the battle in
rear as well as in front and gave way. Thereafter the victors, horse and
foot, slaughtered unresisting herds of men, not desperate soldiers, and
on this day the infantry arm, as an arm, ceased to exist.
The Dark Ages.
Of course, not every soldier became a horseman, and still fewer could
provide themselves with armour. Regular infantry, too, was still
maintained for siege, mountain and forest warfare. But the _robur_, the
kernel of the line of battle, was gone, and though a few of the peoples
that fought their way into the area of civilization in the dark ages
brought with them the natural and primitive method of fighting on foot,
it was practically always a combination of mighty champions and
"residue," even though the latter bound themselves together by locked
shields, as the Gauls had bound themselves long before with chains, to
prevent "skulking." These infantry nations, without any infantry system
comparable to that of the Greeks and Romans, succumbed in turn to the
crowd of mounted warriors--not like the Greeks and Romans for want of
good military qualities, but for want of an organization which would
have distributed their fighting powers to the best advantage. One has
only to study the battle of Hastings to realize how completely the
infantry masses of the English slipped from the control of their leaders
directly the front ranks became seriously engaged. For many generations
after Hastings there was no attempt to use infantry as the kernel of
armies, still less to organize it as such beforehand. Indeed, except in
the Crusades, where men of high and of low degree alike fought for their
common faith, and in sieges, where cavalry was powerless and the
services of archers and labourers were at a premium, it became quite
unusual for infantry to appear on the field at all.
Bouvines.
The tactics of feudal infantry at its best were conspicuously
illustrated in the battle of Bouvines, where besides the barons,
knights and sergeants, the Brabançon mercenaries (heavy foot) and the
French communal militia opposed one another. On the French right wing,
the opportune arrival of a well-closed mass of cavalry and infantry in
the flank of a loose crowd of men-at-arms which had already been
thoroughly engaged, decided the fight. In the centre, the respective
infantries were in first line, the nobles and knights, with their
sovereigns, in second, yet it was a mixed mass of both that, after a
period of confused fighting, focussed the battle in the persons of the
emperor and the king of France, and if the personal encounters of the
two bodies of knights gave the crowded German infantry a momentary
chance to strike down the king, the latter was soon rescued by a
half-dozen of heavy cavalrymen. On the left wing, the count of
Boulogne made a living castle of his Brabançon pikes, whence with his
men-at-arms he sallied forth from time to time and played the
champion. Lastly, the Constable Montmorency brought over what was
still manageable of the corps that had defeated the cavalry on the
right (nearly all mounted men) and gave the final push to the allied
centre and right in succession. Then the imperial army fled and was
slaughtered without offering much resistance. Of infantry in this
battle there was enough and to spare, but its only opportunities for
decisive action were those afforded by the exhaustion of the armoured
men or by the latter becoming absorbed in their own single combats to
the exclusion of their proper work in the line of battle. As usual the
infantry suffered nine-tenths of the casualties. For all their numbers
and apparent tactical distribution on this field, they were "residue,"
destitute of special organization, training or utility; and the only
suggestion of "combined tactics" is the expedient adopted by the count
of Boulogne, rings of spearmen to serve as pavilions served in the
tournament--to secure a decorous setting for a display of knightly
prowess.
In those days in truth the infantry was no more the army than to-day the
shareholders of a limited company are the board of directors. They were
deeply, sometimes vitally, interested in the result, but they
contributed little or nothing to bringing it about, except when the
opposing cavalries were in a state of moral equilibrium, and in these
cases anything suffices--the appearance of camp followers on a "Gillies
Hill," as at Bannockburn or the sound of half-a-dozen trumpets--to turn
the scale. Once it turned, the infantry of the beaten side was cut down
unresistingly, while the more valuable prisoners were admitted to
ransom. Thereafter, feudal tactics were based principally on the ideas
of personal glory--won in single combat, champion against champion, and
of personal profit--won by the knight in holding a wealthy and
well-armed baron to ransom and by the foot-soldier in plundering while
his masters were fighting. In the French army, the term _bidaux_,
applied in the days of Bouvines to all the infantry other than archers
and arblasters, came by a quite natural process to mean the laggards,
malingerers and skulkers of the army.
Revival of infantry.
But even this infantry contained within itself two half-smothered sparks
of regeneration, the idea of _archery_ and the idea of _communal
militia_. Archery, in whatever form practised, was the one special form
of military activity with which the heavy _gendarme_ (whether he fought
on horseback or dismounted) had no concern. Here therefore infantry had
a special function, and in so far ceased to be "residue." The communal
militia was an early and inadequate expression of the town-spirit that
was soon to produce the solid burgher-militia of Flanders and Germany
and after that the trained bands of the English cities and towns. It
therefore represented the principles of solidarity, of combination, of
duty to one's comrade and to the common cause--principles which had
disappeared from feudal warfare.[1] It was under the influence of these
two ideas or forces that infantry as an arm began once again, though
slowly and painfully, to differentiate itself from the mass of _bidaux_
until in the end the latter practically contained only the worthless
elements.
Courtrai.
The first true infantry battle since Hastings was fought at Courtrai
in 1302, between the burghers of Bruges and a feudal army under Count
Robert of Artois. The citizens, arrayed in heavy masses, and still
armed with miscellaneous weapons, were careful to place themselves on
ground difficult of access--dikes, pools and marshes--and to fasten
themselves together, like the Gauls of old. Their van was driven back
by the French communal infantry and professional crossbowmen,
whereupon Robert of Artois, true feudal leader as he was, ordered his
infantry to clear the way for the cavalry and without even giving them
time to do so pushed through their ranks with a formless mass of
gendarmerie. This, in attempting to close with the enemy, plunged into
the canals and swamped lands, and was soon immovably fastened in the
mud. The citizens swarmed all round it and with spear, cleaver and
flail destroyed it. Robert himself with a party of his gendarmerie
strove to break through the solid wall of spears, but in vain. He was
killed and his army perished with him, for the citizens did not regard
war as a game and ransom as the loser's forfeit. As for the communal
infantry which had won the first success, it had long since
disappeared from the field, for when count Robert ordered his heavy
cavalry forward, they had thought themselves attacked in rear by a
rush of hostile cavalry--as indeed they were, for the gendarmerie rode
them down--and melted away.
Crécy (q.v.) was fought forty-four years after Courtrai. Here the
knights had open ground to fight on, and many boasted that they would
revenge themselves. But they encountered not merely infantry, but
infantry tactics, and were for the second, and not the last, time
destroyed. The English army included a large feudal element, but the
spirit of indiscipline had been crushed by a series of iron-handed
kings, and for more than a century the nobles, in so far as they had
been bad subjects, had been good Englishmen. The English yeomen had
reached a level of self-discipline and self-respect which few even of
the great continental cities had attained. They had, lastly, made the
powerful long-bow (see ARCHERY) their own, and Edward I. had _combined_
the shock of the heavy cavalry with the slow searching preparatory rain
of arrows (see FALKIRK). That is, infantry tactics and cavalry tactics
were co-ordinated by a _general_, and the special point of this for the
present purpose is that instead of being, as in France, the unstable
base of the so-called "feudal pyramid," infantry has become an _arm_,
capable of offence and defence and having its own special organization,
function in the line of battle and tactical method. This last, indeed,
like every other tactical method, rested ultimately on the _moral_ of
the men who had to put it into execution. Archer tactics did not serve
against the disciplined rush of Joan of Arc's gendarmerie, for the
solidarity of the archer companies that tried to stop it had long been
undermined.
The English archer.
Yet we cannot overrate the importance of the archer in this period of
military history. In the city militias solidarity had been obtained
through the close personal relationship of the trade gilds and by the
elimination of the champion. Therefore, as every offensive in war rests
upon boldness, these militias were essentially defensive, for they could
only hope to ward off the feudal champion, not to outfight him (Battle
of Legnano, 1176. See Oman, p. 442). England, however, had evolved a
weapon which no armour could resist, and a race of men as fully trained
to use it as the gendarme was to use the lance.[2] This weapon gave them
the power of killing without being killed, which the citizens' spears
and maces and voulges did not. But like all missiles, arrows were a poor
stand-by in the last resort if determined cavalry crossed the "beaten
zone" and closed in, and besides pavises and pointed stakes the English
archers were given the support of the knights, nobles and sergeants--the
armoured champions--whose steady lances guaranteed their safety. Here
was the real forward stride in infantry tactics. Archery had existed
from time immemorial, and a mere technical improvement in its weapon
could hardly account for its suddenly becoming the queen of the
battlefield. The defensive power of the "dark impenetrable wood" of
spears had been demonstrated again and again, but when the cavalry had
few or no preliminary difficulties to face, the chances of the infantry
mass resisting long-continued pressure was small. It was the combination
of the two elements that made possible a Crécy and a Poitiers, and this
combination was the result of the English social system which produced
the _camaraderie_ of knight and yeoman, champion and plain soldier.
Fortified by the knight's unshakeable steadiness, the yeoman handled his
bow and arrows with cool certainty and rapidity, and shot down every
rush of the opposing champions. This was _camaraderie de combat_ indeed,
and in such conditions the offensive was possible and even easy. The
English conquered whole countries while the Flemish and German spearmen
and vougiers merely held their own. For them, decisive victories were
only possible when the enemy played into their hands, but for the
English the guarantee of such victories was the specific character of
their army itself and the tactical methods resulting from and expressing
that character.
The Hundred Years' War.
But the war of conquest embodied in these decisive victories dwindled in
its later stages to a war of raids. The feudal lord, like the feudal
vassal, returned home and gave place to the professional man-at-arms and
the professional captain. Ransom became again the chief object, and
except where a great leader, such as Bertrand Du Guesclin, compelled the
mercenaries to follow him to death or victory, a battle usually became a
mêlée of irregular duels between men-at-arms, with all the selfishness
and little of the chivalry of the purely feudal encounter. The war went
on and on, the gendarmes thickened their armour, and the archers found
more difficulty in penetrating it. Moreover, in raids for devastation
and booty, the slow-moving infantryman was often a source of danger to
his comrades. In this _guerrilla_ the archer, though he kept his place,
soon ceased to be the mainstay of battle. It had become customary since
Crécy (where the English knights and sergeants were dismounted to
protect the archers) for all mounted men to send away their horses
before engaging. Here and there cavalry masses were used by such
energetic leaders as the Black Prince and Du Guesclin, and more often a
few men remained mounted for work requiring exceptional speed and
courage,[3] but as a general rule the man-at-arms was practically a
mounted infantryman, and when he dismounted he stood still. Thus two
masses of dismounted lances, mixed with archers, would meet and engage,
but the archers, the offensive element, were now far too few in
proportion to the lances, the purely defensive element, and battles
became indecisive skirmishes instead of overwhelming victories.
Cavalry therefore became, in a very loose sense of the word, infantry.
But we are tracing the history not of all troops that stood on their
feet to fight, but of infantry and the special tactics of infantry, and
the period before and after 1370, when the moral foundations of the new
English tactics had disappeared, and the personality of Du Guesclin gave
even the bandits of the "free companies" an intrinsic, if slight,
superiority over the invaders, is a period of deadlock. Solidarity, such
as it was, had gone over to the side of the heavy cavalry. But the
latter had deliberately forfeited their power of forcing the decision by
fighting on foot, and the English archer, the cadre of the English
tactical system, though diminished in numbers, prestige and importance,
held to existence and survived the deadlock. Infantry of that type
indeed could never return to the "residue" state, and it only needed a
fresh moral impetus, a Henry V., to set the old machinery to work again
for a third great triumph. But again, after Agincourt, the long war
lapsed into the hands of the soldiers of fortune, the basis of Edward's
and Henry's tactics crumbled, and, led by a greater than Du Guesclin,
the knights and the nobles of France, and the mercenary captains and
men-at-arms as well, _rode down_ the stationary masses of the English,
lances and bowmen alike.
The net result of the Hundred Years' War therefore was to re-establish
the two arms, cavalry and infantry, side by side, the one acting by
shock, and the other by fire. The lesson of Crécy was "prepare your
charge before delivering it," and for that purpose great bodies of
infantry armed with bows, arblasts and handguns were brought into
existence in France. When the French king in 1448 put into force the
"lessons of the war" and organized a permanent army, it consisted in the
main of heavy cavalry (knights and squires in the "ordonnance"
companies, soldiers of fortune in the paid companies) and archers and
arblasters (_francs-archers_ recruited nationally, arblasters as a rule
mercenaries, though largely recruited in Gascony). To these _armes de
jet_ were added, in ever-increasing numbers, hand firearms. Thus the
"fire" principle of attack was established, and the defensive principle
of "mass" relegated to the background. In such circumstances cavalry was
of course the decisive arm, and the reputation of the French gendarmerie
was such as to justify this bold elimination of the means of passive
defence.[4]
Burgher militias.
The foot-soldier of Germany and the Low Countries had followed a very
different line of development. Here the rich commercial cities scarcely
concerned themselves with the quarrels or revolts of neighbouring
nobles, but they resolutely defended their own rights against feudal
interference, and enforced them by an organized militia, opposing the
strict solidarity of their own institutions to the prowess of the
champion who threatened them. The struggle was between "you shall" on
the part of the baron and "we will not" on the part of the citizens, the
offensive _versus_ the defensive in the simplest and plainest form. The
latter was a policy of unbreakable squares, and wherever possible,
strong positions as well. Sometimes the citizens, sometimes the nobles
gained the day, but the general result was that steady infantry in
proper formation could not be ridden down, and as yeomen-archers of the
English type to "prepare" the charge were not obtainable from amongst
the serf populations of the countryside, the problem of the attack was,
for Central Europe, insoluble.
The Wagenburg.
The unbreakable square took two forms, the _wagenburg_ with artillery,
and the infantry mass with pikes. The first was no more, in the
beginning, than an expedient for the safe and rapid crossing of wider
stretches of open country than would have been possible for dismounted
men, whom the cavalry headed off as soon as they ventured far enough
from the shelter of walls. The men rode not on horses but on carriages,
and the carriages moved over the plains in laager formation, the
infantrymen standing ready with halbert and voulge or short stabbing
spear, and the gunners crouching around the long barrelled two-pounders
and the "ribaudequins"--the early machine guns--which were mounted on
the wagons. These _wagenburgen_ combined in themselves the due
proportions of mobility and passive defence, and in the skilled hands of
Ziska they were capable of the boldest offensive. But such a tactical
system depended first of all on drill, for the armoured cavalry would
have crowded through the least gap in the wagon line, and the necessary
degree of drill in those days could only be attained by an army which
had both a permanent existence and some bond of solidarity more powerful
than the incentive to plunder--that is, in practice, it was only
attained in full by the Hussite insurgents. The cavalry, too, learned
its lesson, and pitted mobile three-pounders against the foot-soldiers'
one- and two-pounders, and the _wagenburg_ became no more than a
helpless target. Thus when, not many years after the end of the Hussite
wars, the Wars of the Roses eliminated the English model and the English
tactics from the military world of Europe, the French system of fire
tactics--masses of archers, arblasters and handgun-men, with some
spearmen and halberdiers to stiffen them--was left face to face with
that of the Swiss and Landsknechts, the system of the "long pike."
The Swiss.
A series of victories ranging from Morgarten (1315) to Nancy (1477)
had made the Swiss the most renowned infantry in Europe. Originally
their struggles with would-be oppressors had taken the form, often
seen elsewhere, of arraying solid masses of men, united in purpose and
fidelity to one another rather than by any material or tactical
cohesion. Like the men of Bruges at Courtrai, the Swiss had the
advantage of broken ground, and the still greater advantage of being
opposed by reckless feudal cavalry. Their armament at this stage was
not peculiar--voulges, gisarmes, halberts and spears--though they were
specially adept in the use of the two-handed sword. But as time went
on the long pike (said to have originated in Savoy or the Milanese
about 1330) became more and more popular until at last on the verge of
their brief ascendancy (about 1475-1515) the Swiss armed as much as
one quarter of their troops with it. The use of firearms made little
or no progress amongst them, and the Swiss mercenaries of 1480, like
their forerunners of Morgarten and Sempach, fought with the _arme
blanche_ alone. But in a very few years after the Swiss nation had
become soldiers of fortune _en masse_, the more open lands of Swabia
entered into serious and bitter competition with them. From these
lands came the Landsknechts, whose order was as strong as, and far
less unwieldy than, that of the Swiss, whose armament included a far
greater proportion of firearms, and who established a regimental
system that left a permanent mark on army organization. The
Landsknecht was the prototype of the infantryman of the 16th and 17th
centuries, but his right to indicate the line of evolution had to be
wrung from many rivals.
The long pike.
The year 1480 indeed was a turning-point in military history. Within the
three years preceding it the battles of Nancy and Guinegate had
destroyed both the old feudalism of Charles the Bold and the new cavalry
tactics of the French gendarmerie. The former was an anachronism, while
the latter, when the great wars came to an end and there was no longer
either a national impulse or a national leader, had lapsed into the old
vices of ransom and plunder. With these, on the same fields, the
_franc-archer_ system of infantry tactics perished ignominiously. It
rested, as we know, on the principle that the fire of the infantry was
to be combined with and completed by the shock of the gendarmerie, and
when the latter were found wanting as at Guinegate, the masses of
archers and arblasters, which were only feebly supported by a few
handfuls of pikemen and halberdiers, were swept away by the charge of
some heavy battalions of Swabian and Flemish pikes. Guinegate was the
_début_ of the Landsknecht infantry as Nancy was that of the Swiss, and
the lesson could not be misread. Louis XI. indeed hanged some of his
_franc-archers_ and dismissed the rest, and in their place raised
"bands" of regular infantry, one of which bore for the first time the
historic name of _Picardie_. But these "bands" were not self-contained.
Armed for the most part with _armes de jet_ they centred on the 6000
Swiss pikemen whom Louis XI., in 1480, took into his service, and for
nearly fifty years thereafter the French foot armies are always composed
of two elements, the huge battalions of Swiss or Landsknechts,[5] armed
exclusively with the long pike (except for an ever-decreasing proportion
of halberts, and a few arquebuses), and for their support and
assistance, French and mercenary "bands."
The Italian wars of 1494-1544, in which the principles of fire and shock
were readjusted to meet the conditions created by firearms, were the
nursery of modern infantry. The combinations of Swiss, Landsknechts,
Spanish "tercios" and French "bands" that figured on the battlefields of
the early 16th century were infinitely various. But it is not difficult
to find a thread that runs through the whole.
The Italian Wars, 1494-1525.
The essence of the Swiss system was solidity. They arrayed themselves in
huge oblongs of 5000 men and more, at the corners of which, like the
tower bastions of a 16th-century fortress, stood small groups of
arquebusiers. The Landsknechts and the Romagnols of Italy, imitated and
rivalled them, though as a rule developing more front and less depth. At
this stage solidity was everything and fire-power nothing. At Fornuovo
(1495) the mass of arquebusiers and arblasters in the French army did
little or nothing; it was the Swiss who were _l'espérance de l'ost_. At
Agnadello or Vailá in 1509 the ground and the "encounter-battle"
character of the engagement gave special chances of effective employment
to the arquebusiers on either side. Along the front the Venetian
marksmen, secure behind a bank, picked off the leaders of the enemy as
they came near. On the outer flank of the battle the bands of Gascon
arquebusiers, which would otherwise have been relegated to an
unimportant place in the general line of battle, lapped round the
enemy's flank in broken ground and produced great and almost decisive
effect. But this was only an afterthought of the king of France and
Bayard. In the rest of the battle the huge masses of Swiss pikes were
thrown upon the enemy much as the old feudal cavalry had been,
regardless of ditches, orchards and vineyards.
Then for a moment the problem was solved, or partially solved, by the
artillery. From Germany the material, though not--at least to the same
extent--the principle, of the _wagenburg_ penetrated, in the first years
of the 16th century, to Italy and thence to France. Thus by degrees a
very numerous and exceedingly handy light artillery--"carts with
gonnes," as they were called in England--came into play on the Italian
battlefields, and took over from the dying _franc-archer_ system the
work of preparing the assault by fire. For mere skirmishing the Swiss
and Landsknechts had arquebusiers enough, without needing to call on the
masses of Gascons, &c., and _pari passu_ with the development of this
artillery, the "bands," other than Swiss and Landsknechts, began to
improve themselves into pikemen and halberdiers. At Ravenna (1512) the
bands of Gascony and Picardy, as well as the French _aventuriers_ (the
"bands of Piedmont," afterwards the second senior regiment of the French
line) fought in the line of battle shoulder to shoulder with the
Landsknechts. On this day the fire action of the new artillery was
extraordinarily murderous, ploughing lanes in the immobile masses of
infantry. At Marignan the French gendarmerie and artillery, closely and
skilfully combined, practically destroyed the huge masses of the Swiss,
and so completely had "infantry" and "fire" become separate ideas that
on the third day of this tremendous battle we find even the "bands of
Piedmont" cutting their way into the Swiss masses.
The Spanish infantry and the arquebus.
But from this point the lead fell into the hands of the Spaniards. These
were originally swift and handy light infantry, capable--like the
Scottish Highlanders at Prestonpans and Falkirk long afterwards--of
sliding under the forest of pikes and breaking into the close-locked
ranks with buckler and stabbing sword. For troops of this sort the
arquebus was an ideal weapon, and the problem of self-contained infantry
was solved by Gonsalvo de Cordoba, Pescara and the great Spanish
captains of the day by intercalating small closed bodies of arquebusiers
with rather larger, but not inordinately large, bodies of pikes. These
arquebusiers formed separate, fully organized sections of the infantry
regiment. In close defence they fought on the front and flanks of the
pikes, but more usually they were pushed well to the front
independently, their speed and excellent fire discipline enabling them
to do what was wholly beyond the power of the older type of firing
infantry--to take advantage of ground, to run out and reopen fire during
a momentary pause in the battle of lance and pike, and to run back to
the shelter of their own closed masses when threatened by an oncoming
charge. When this system of tactics was consecrated by the glorious
success of Pavia (1525), the "cart with gonnes" vanished and the system
of fighting everywhere and always "at push of pike" fell into the
background.
16th Century-tactics.
The lessons of Pavia can be read in Francis I.'s instructions to his
newly formed Provincial (militia) Legions in 1534 and in the battle of
Cerisoles ten years later. The "legion" was ordered to be composed of
six "bands"--battalions we should call them now, but in those days the
term "battalion" was consecrated to a gigantic square of the Swiss
type--each of 800 pikes (including a few halberts) and 200
arquebusiers. The pikes, 4800 strong, of each legion were grouped in
one large battalion, and covered on the front and flanks by the 1200
arquebuses, the latter working in small and handy squads. These
"legions" did not of course count as good troops, but their
organization and equipment, designed deliberately in peace time, and
not affected by the coming and going of soldiers of fortune, represent
therefore the theoretically perfect type for the 16th century.
Cerisoles represents the system in practice, with veteran regular
troops. On the side of the French most of the arquebuses were grouped
on the right wing, in a long irregular line of companies or strong
squads, supported at a moderate distance by companies or small
battalions of "corselets" (pikes of the French bands of Picardy and
Piedmont); the rest of the line of battle was composed of
Landsknechts, &c., similarly arrayed, except that the arquebusiers
were on the flanks and immediate front of the "corselets" and behind
the arquebuses and corselets of the right wing came a Swiss monster of
the old type. On the imperial side of the Landsknechts, Spanish and
Italian infantry were drawn up in seven or eight battalions, each with
its due proportion of pikes and "shot." The course of the battle
demonstrated both the active tactical power of the new form of
fire-action and the solidity of the pike nucleus, the former in the
attack and defence of hills, woods and localities, the latter in an
episode in which a Spanish battalion, after being ridden through from
corner to corner by the French gendarmes, continued on its way almost
unchecked and quite unbroken. This combination of arquebusiers
supported by corselets in first line and corselets with a few
arquebusiers in second, reappeared at Renty (1554), and St Quentin
(1557), and was in fact the typical disposition of infantry from about
1530 to 1600.
By 1550, then, infantry had entirely ceased to be an auxiliary arm. It
contained within itself, and (what is more important) within its
regimental units, the power of fighting effectively and decisively both
at close quarters and at a distance--the principal characteristic of the
arm to-day. It had, further, developed a permanent regimental existence,
both in Spain and in France, and in the former country it had progressed
so far from the "residue" state that young nobles preferred to trail a
pike in the ranks of the foot to service in the gendarmerie or light
horse. The service battalions were kept up to war strength by the
establishment of depots and the preliminary training there of recruits.
In France, apart from Picardie and the other old regiments, every
temporary regiment, on disbandment, threw off a depot company of the
best soldiers, on which nucleus the regiment was reconstituted for the
next campaign. Moreover, the permanent establishment was augmented from
time to time by the colonel-general of the foot "giving his white flag"
to temporary regiments.
The French infantry in 1570.
The organization of the French infantry in 1570 presents some points
of interest. The former broad classification of _au delà_ and _en deça
des monts_ or "Picardie" and "Piedmont," representing the home and
Italian armies, had disappeared, and instead the whole of the
infantry, under one colonel-general, was divided into the regiments of
Picardie, Piedmont and French Guards, each of which had its own
colonel and its own colours. Besides these, three newer corps were
_entretenus par le Roy_--"Champagne," practically belonging to the
Guise[6] family, and two others formed out of the once enormous
regiment of Marshal de Cossé-Brissac. At the end of a campaign all
temporary regiments were disbanded, but in imitation of the Spanish
depot system, each, on disbandment, threw off a depot company of
picked men who formed the nucleus for the next year's augmentation.
The regiment consisted of 10-16 "ensigns" or companies, each of about
150 pikemen and 50 arquebusiers. Each company had a proprietary
captain, the owners of the first two companies being the
colonel-general and the colonel (_mestre de camp_). The senior captain
was called the sergeant-major, and performed the duties of a second in
command and an adjutant or brigade-major. Unlike the regimental
commander, the sergeant-major was always mounted, and it is recorded
that one officer newly appointed to the post incurred the ridicule of
the army by dismounting to speak to the king. "Some veteran officers,"
wrote a contemporary, "are inclined to think that the regimental
commander should be mounted as well as the sergeant-major." The
regiment was as a rule formed for parade and battle either in line 10
deep or in "battalion" (i.e. mass), Swiss fashion. The captain
occupied the front, the ensigns with the company colours the centre,
and the lieutenants the rear place in the file. The sergeants, armed
with the halbert, marched on each side of the battalion or company.
Though the musket was gradually being introduced, and had powerful
advocates in Marshal Strozzi and the duke of Guise, the bulk of the
"shot" still carried the arquebus, the calibre of which had been,
thanks to Strozzi's efforts, standardized (see CALIVER) so that all
the arms took the same sizes of ball. The pikeman had half-armour and
a 14-ft. pike, the arquebusier beside the firearm a sword which he was
trained to use in the manner of the former Spanish light infantry. The
arquebusiers were arrayed in 3 ranks in front of the pikes or in 10
deep files on either flank.
The wars in which this system was evolved were wars for prestige and
aggrandizement. They were waged, therefore, by mercenary soldiers, whose
main object was to live, and who were officered either by men of their
own stamp, or by nobles eager to win military glory. But the Wars of
Religion raised questions of life and death for the Frenchmen of either
faith, and such public opinion as there was influenced the method of
operations so far that a decision and not a prolongation of the struggle
began to be the desired end of operations. Hence in those wars the
relatively immobile "battalion" of pikes diminishes in importance and
the arquebusiers and musketeers grow more and more efficient. Armies,
too, became smaller, and marched more rapidly. Encounter-battles became
more frequent than "pitched" battles, and in these the musketeer was at
a great advantage. Thus by 1600 the proportions between pikes and
musketeers in the French army had come to be 6 pikes to 4 muskets or
arquebuses, and the _bataillon de combat_ or brigade was normally no
more than 1200 strong. In the Netherlands, however, the war of
consciences was fought out between the best regular army in the world
and burgher militias. Even the French _fantassins_ were second in
importance to the Spanish _soldados_. The latter continued to hold the
pre-eminent position they had gained at Pavia.[7] They improved the
arquebus into the musket, a heavier and much more powerful weapon (fired
from a rest) which could disable a horse at 500 paces.
Alva.
At this moment the professional soldier was at the high-water mark of
his supremacy. The musket was too complicated to be rapidly and
efficiently used by any but a highly trained man; the pike, probably
because it had now to protect two or three ranks of "shot" in front of
the leading rank of pikemen, as well as the pikemen themselves, had
grown longer (up to 18 ft.); and drill and manoeuvre had become more
important than ever, for in the meantime cavalry had mostly abandoned
the massive armour and the long lance in favour of half-armour and the
pistol, and their new tactics made them both swifter to charge groups of
musketeers and more deadly to the solid masses of pikemen. This
superiority of the regular over the irregular was most conspicuously
shown in Alva's war against the Netherlands patriots. Desperately as the
latter fought, Spanish captains did not hesitate to attack patriot
armies ten times their own strength. If once or twice this contempt led
them to disaster, as at Heiligerlee in 1568 (though here, after all,
Louis of Nassau's army was chiefly composed of trained mercenaries), the
normal battle was of the Jemmingen type--seven _soldados_ dead and seven
thousand rebels.
Infantry in 1600.
As regards battles in the open field, such results as these naturally
confirmed the "Spanish system" of tactics. The Dutch themselves, when
they evolved reliable field armies, copied it with few modifications,
and by degrees it was spread over Europe by the professional soldiers on
both sides. There was plenty of discussion and readjustment of details.
For example, the French, with their smaller battalions and more rapid
movements, were inclined to disparage both the cuirass and the pike, and
only unwillingly hampered themselves with the long heavy Spanish musket,
which had to be fired from a rest. In 1600, nearly fifty years after the
introduction of the musket, this most progressive army still
deliberately preferred the old light arquebus, and only armed a few
selected men with the larger weapons. On the other hand, the Spaniards,
though supreme in the open, had for the most part to deal with desperate
men behind fortifications. Fighting, therefore, chiefly at close
quarters with a fierce enemy, and not disposing either of the space or
of the opportunity for "manoeuvre-battles," they sacrificed all their
former lightness and speed, and clung to armour, the long pike and the
heavy 2½ oz. bullet. But the principles first put into practice by
Gonsalvo de Cordoba, the combination, in the proportions required in
each case, of _fire_ and _shock_ elements in every body of organized
infantry however small, were maintained in full vigour, and by now the
superiority of the infantry arm in method, discipline and technique,
which had long before made the Spanish nobles proud to trail a pike in
the ranks, began to impress itself on other nations. The relative value
of horse and foot became a subject for expert discussion instead of an
axiom of class pride. The question of cavalry _versus_ infantry, hotly
disputed in all ages, is a matter affecting general tactics, and does
not come within the scope of the present article (see further CAVALRY).
Expert opinion indeed was still on the side of the horsemen. It was on
their cavalry, with its speed, its swords and its pistols that the
armies of the 16th century relied in the main to produce the decision in
battle. Sir Francis Vane, speaking of the battle of Nieupoort in 1600,
says, "Whereas most commonly in battles the success of the foot
dependeth on that of the horse, here it was clean contrary, for so long
as the foot held good the horse could not be beaten out of the field."
The "success" of the foot in Vane's eyes is clearly resistance to
disintegration rather than ability to strike a decisive blow.
[Illustration: PLATE I.
DREUX--1562.
(_From Hardÿ de Périni's Batailles Françaises, by permission._)
LÜTZEN--1632.]
[Illustration: PLATE II.
PRUSSIAN VOLLEYS, 1740. EVOLUTIONS OF THE COLUMN AND SKIRMISHERS.
WELLINGTON.
VIONVILLE DE CISSEY'S COUNTER-ATTACK (SEEN FROM REAR OF PRUSSIAN 38th
BRIGADE).
APPROACH-MARCH UNDER ARTILLERY FIRE, FRENCH PRINCIPLES (FROM ENEMY'S
ARTILLERY POSITION).
(_From Revue d'Infanterie, 1909._)]
It must be remembered, however, that Vane is speaking of the Low
Countries, and that in France at any rate the solidity which saved the
day at Nieupoort was less appreciated than the _élan_ which had won so
many smart engagements in the Wars of Religion. Moreover, it was the
_offensive_, the decision-compelling faculty of the foot that steadily
developed during the 17th century. To this, little by little, the powers
of passive resistance to which Vane did homage, valuable as they were,
were sacrificed, until at last the long pike disappeared altogether and
the firearm, provided with a bayonet, was the uniform weapon of the
foot-soldier. This stage of infantry history covers almost exactly a
century. As far as France was concerned, it was a natural evolution. But
the acceptance of the principle by the rest of the military world,
imposed by the genius of Gustavus Adolphus, was rather revolution than
evolution.
Gustavus Adolphus.
In the army which Louis XIII. led against his revolted barons of Anjou
in 1620, the old regiments (_les vieux_--Picardie, Piedmont, &c.) seem
to have marched in an open chequer-wise formation of companies which is
interesting not only as a deliberate imitation of the Roman legion (all
soldiers of that time, in the prevailing confusion of tactical ideas,
sought guidance in the works of Xenophon, Aelian and Vegetius), but as
showing that flexibility and handiness was not the monopoly of the
Swedish system that was soon to captivate military Europe. The
formations themselves are indeed found in the Spanish and Dutch armies,
but the equipment of the men, and the general character of the
operations in which they were engaged, probably failed to show off the
advantages of this articulation, for the generals of the Thirty Years'
War, trained in this school, formed their infantry into large battalions
(generally a single line of masses). Experience certainly gave the
troops that used these unwieldy formations a relatively high manoeuvring
capacity, for Tilly's army at Breitenfeld (1631) "changed front
half-left" in the course of the battle itself. But the manoeuvring power
of the Swedes was higher still. Each party represented one side of the
classical revival, the Swedes the Roman three-line manipular tactics,
the Imperialists and Leaguers those of the Greek line of phalanxes. The
former, depending as it did on high _moral_ in the individual
foot-soldier, was hardly suitable to such a congeries of mercenaries as
those that Wallenstein commanded, and later in the Thirty Years' War,
when the old native Swedish and Scottish brigades had been annihilated,
the Swedish infantry was little if at all better than the rest.
But its tactical system, sanctified by victory, was eagerly caught up by
military Europe. The musket, though it had finally driven out the
arquebus, had been lightened by Gustavus Adolphus so far that it could
be fired without a rest. Rapidity in loading had so far improved that a
company could safely be formed six deep instead of ten, as in the
Spanish and Dutch systems. Its fire power was further augmented by the
addition of two very light field-guns to each battalion; these could
inflict loss at twice the effective range of the shortened musket. Above
all, Gustavus introduced into the military systems of Europe a new
discipline based on the idea of exact performance of duty, which made
itself felt in every part of the service, and was a welcome substitute
for the former easy-going methods of regimental existence.[8] The
adoption of Swedish methods indeed was facilitated by the disrepute into
which the older systems had fallen. Men were beginning to see that
armies raised by contract for a few months' work possessed inherent
vices that made it impossible to rely upon them in small things. Courage
the mercenary certainly possessed, but his individual sense of honour,
code of soldierly morals, and sometimes devotion to a particular leader
did not compensate for the absence of a strong motive for victory and
for his general refractoriness in matters of detail, such as
march-discipline and punctuality, which had become essential since the
great Swedish king had reintroduced order, method and definiteness of
purpose into the conduct of military operations. In the old-fashioned
masses, moreover, individual weaknesses, both moral and physical,
counted for little or were suppressed in the general soldierly feeling
of the whole body. But the six-deep line used by Gustavus demanded more
devotion and exact obedience in the individual and a more uniform method
of drill and handling arms. So shallow an order was not strong enough,
under any other conditions, to resist the shock of cavalry or even of
pikemen. Indeed, had not the cavalry (who, after Gustavus's death, were
uninspired mercenaries like the rest) ceased to charge home in the
fashion that Gustavus exacted of them, it is possible that the
new-fashioned line would not have stood the test, and that infantry
would have reverted to the early 16th-century type.
The Great Rebellion.
The problem of combining the maximum of fire power with the maximum of
control over the individual firer was not fully solved until 1740, but
the necessity of attempting the problem was realised from the first. In
the Swedish army, before it was corrupted by the atmosphere of the
Thirty Years' War, duty to God and to country were the springs of the
punctual discipline, in small things and in great, which made it the
most formidable army, unit for unit, in the world. In the English Civil
War (in which the adherents of the "Swedish system" from the first
ousted those of the "Dutch") the difficulty was more acute, for although
the mainsprings of action were similar, the technical side of the
soldier's business--the regimental organization, drill and handling of
arms--had all to be improvised. Now in the beginning the Royalist
cavalry was recruited from "gentlemen that have honour and courage and
resolution"; later, Cromwell raised a cavalry force that was even more
thoroughly imbued with the spirit of duty, "men who made some conscience
of what they did," and throughout the Civil War, consequently, the
mounted arm was the queen of the battlefield.
The Parliamentary foot too "made some conscience of what it did," more
especially in the first years of the war. But its best elements--the
drilled townsmen--were rather of a defensive than of an offensive
character, and towards the close of the struggle, when the foot on both
sides came to be formed of professional soldiers, the defensive element
decreased, as it had decreased in France and elsewhere. The war was like
Gustavus's German campaign, one of rapid and far-ranging marches, and
the armoured pikeman had either to shorten his pike and to cast off his
armour or to be left at home with the heavy artillery (see Firth's
_Cromwell's Army_, ch. iv.). Fights "at push of pike" were rare enough
to be specially mentioned in reports of battles. Sir James Turner says
that in 1657, when he was commissioned with others to raise regiments
for the king of Denmark, "those of the Privy Council would not suffer
one word to be mentioned of a pike in our Commissions." It was the same
with armour. In 1658 Lockhart, the commander of the English contingent
in France, specially asked for a supply of cuirasses and headpieces for
his pikemen in order to impress his allies. In 1671 Sir James Turner
says, "When we see battalions of pikes, we see them everywhere naked
unless it be in the Netherlands." But a small proportion of pikes was
still held to be necessary by experienced soldiers, for as yet the
socket bayonet had not been invented, and there was still cavalry in
Europe that could be trusted to ride home.
Disuse of the pike.
While such cavalry existed, the development of fire power was everywhere
hindered by the necessity of self-defence. On the other hand the
hitherto accepted defensive means militated against efficiency in many
ways, and about 1670, when Louis XIV. and Louvois were fashioning the
new standing army that was for fifty years the model for Europe, the
problem was how to improve the drill and efficiency of the musketeers so
far that the pikes could be reduced to a minimum. In 1680 the firelock
was issued instead of the matchlock to all grenadiers and to the four
best shots in each French Company. The bayonet--in its primitive form
merely a dagger that was fixed into the muzzle of the musket--was also
introduced, and the pike was shortened. The proportion of pikes to
muskets in Henry IV.'s day, 2 to 1 or 3 to 2, and in Gustavus's 2 to 3,
had now fallen to 1 to 3.